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06-26-1995 City Council MinutesCITY OF OTSEGO WRIGHT COUNTY, MINNESOTA CITY COUNCIL MEETING 6:30 PM COUNCIL CHAMBERS OTSEGO CITY HALL JUNE 26, 1995 1. Mayor Norman F. Freske will call meeting to order. Called to order at 6:45 PM (EDA Meeting from 6:30 to 6:45 PM) ROLL CALL: Mayor Norman F. Freske, Councilmembers: Ron Black, Larry Fournier, Vern Heidner and Suzanne Ackerman. STAFF: Andy MacArthur, Attorney; Bob Kirmis, Assistant Planner; Larry Koshak, Engineer; Elaine Beatty, Clerk/Zoning Administrator; Phyllis Boedigheimer, Business and Finance Director; Judy Hudson, Deputy Clerk, Carol Olson, Secretary; Dave Chase, Maintenance Supervisor. 2. Consider_Ageid • Approval (Deletions or Additions) Mayor Freske Addition Item 6.3: Municipal Zoning Action Addition Item 7.4b Wetland Conservation Legislature Addition Item 7.4c Conference for the FinnRoad CM Fournier motioned to accept the agenda as amended. Seconded by CM Black. All in favor. Motion carried. 3. Consider Minutes. a June 12, 1995 Regular Council Meeting CM Black motioned adoption of the June 12, 1995 Minutes. Seconded by CM Ackerman. All in favor. Motion carried. 4. Open Forum Pastor Pagh, Christ Lutheran Church. Pastor Pagh briefly reiterated his comments for Council support for the Christ Lutheran Church's request for subdivision. Gene Rick, Pastor in Elk River, spoke for acceptance of the Christ Lutheran Church subdivision. 5. Bob Kirmis, City Planner: •1 • .1$ �.� �� • .•• .1 lie D.. Long Haul Trucking: Bob Kirmis went over the NAC Report dated May 30, 1995. Andy MacArthur noted that Mr. Gries submitted the bids on construction of the facility to Dan Wilson and Mr. Wilson is having valuations done for the purpose of determining what tax revenue the City would receive to help determine what type of financial support the City would help with towards the street. Mr. MacArthur can't complete the Developers Agreement until he hears from Dan Wilson regarding this and also he hasn't received the tile agreement to review. Otsego City Council Meeting of June 26, 1995, cont'd. Page 2. CM Fournier motioned to amend the Comprehensive Plan to include the subject property (that part of the NE 1/4 of S34, T121, R24) in the Immediate Service Area. Seconded by CM Heidner. All in favor. Motion carried. h. Request for Rezoning from A-1 to I-2 CM Heidner motioned to rezone the subject property (that part of the NE 1/4 of S34, T121, R24) from A-1 to I-2. Seconded by CM B lack. All in favor. Motion carried. -1 - • 11 1. .11 CM Black motioned to approve the Long Haul Trucking Preliminary Plat subject to all conditions recommended by the Planning Commission. Seconded by CM Fournier. All in favor. Motion carried. Discussion: Roger Anderson, Engineer asked for Ice Arena to be included in the Site Plan. The key is to get Final Plat Approval and asked City Council to consider Final Plat Approval subject to the conditions listed. CM Fournier was concerned with delaying the project. Andy MacArthur noted that the Final Plat hasn't been received and the roadway issue and drain tile issues need to be addressed. CM Heidner was concerned with the size of the plat for the hockey arena, noting that in the paper it stated there would be seating for 500 persons. Mr. Anderson said there would be seating for 250 and the intent is to meeting the parking requirements. Mayor Freske would like to have the road meet the City Standards because of the truck traffic and the ice arena compatibility (safety issues). CM Heidner asked if once the cul de sac becomes city property, can trucks park on the road. Larry Koshak replied that No Parking Signs will be posted. CM Black asked what frequency is the in and out traffic and the times of day. John Daniel's, Long Haul Trucking, said he has 70 trucks, they put on 120,000 to 150,000 miles per year, less than 10% of that mileage is in Minnesota. There are 30 to 35 trucks based out of this area. Majority of traffic is during the day time, there is some during the night and holidays, very little movement on weekends. There are 12 employees in the office, there is more truck traffic on Mondays and Fridays. The majority of times, the trucks come in empty. CM Black noted one of the recommendation's is for the City to consider vacation of Kadler Avenue, would there be any possibility of using Kadler. Mr. Koshak stated he would not recommend vacation of Kadler at this time. CM Heidner asked if the City will be plowing the whole width of this street. Mr. Koshak said all bituminous is plowed. Otsego City Council Meeting of June 26, 1995, cont'd. Page 3. L' , • A . 4' - I.4 CM Fournier motioned to accept the Planning Commission recommendation and deny the request for the variance from the City's 84 Foot Right of Way. Seconded by CM Black. Motion carried four to one. Voting For: Mayor Freske, CM Black, CM Fournier, CM Ackerman Voting Against: CM Heidner Discussion: CM Black supports the motion, seeing this as a safety issue because of the facility designed and attracting children with bicycles to ride on the shoulder and it is consistent with the existing ordinance. Roger Anderson reviewed safety issues, one of the reasons that the site was located by the county road is to utilize the county road. The hockey will only utilize a small portion of the road. Mayor Freske agreed with safety issues and supports motion. John Daniel's pointed out the County Road 37 gravel shoulders and the tough standards for drivers. They will put up with the lower speed limits. Larry Koshak went over the Street Standard Specs. CM Fournier questioned if Otsego was alone in these requirements. Mr. Koshak responded that there are a number of Cities with these requirements. CM Fournier stated he understands the expenses but from the City's perspective, safety and maintenance is very important. CM Heidner asked what Long Haul is proposing. Jean Whitish said they want some compromise, 24 ft of paved surface and 8 ft of gravel shoulder. e. Building and Site Plan Review CM Black motioned to accept the Planning Commission Recommendation of approval of the Building and Site Plan, subject to the conditions as outlined in the NAC Report dated May 30, 1995. Seconded by CM Fournier. All in favor. Motion carried. Discussion: NONE f. Change from the City Street Specs: Change paved surface to 24' W/8' gravel ,shoulders, CM Black motioned to apply the City Street Standards in this development with no change. Seconded by CM Fournier. Motion carried three to two. Voting For: Mayor Freske, CM Black, CM Fournier Voting Against: CM Heidner, CM Ackerman Discussion: CM Heidner noted the understanding of the ordinance but should consider putting in paved turn lanes as applicant suggested and 8 ft shoulders. Mr. Koshak stated that construction of the road to this standard applies to the whole plat. The future splitting of lots could produce a degree of density not seen at this time especially if water and sewer goes in. Roger Anderson noted that there will be mound systems. Otsego City Council Meeting of June26, 1995, cont'd. Page_4. 5.2 Discussion of Used Car Lot on #101 Interim Use Permit CM Black said he added this to the agenda at his request. He had been contacted by Mr. Darkenwald. Mr. Darkenwald came in for a sign permit and he feels he can't use his property and can't there be some accommodations made. Mr. Kirmis noted this has been discussed before, we did meet with Mr. Darkenwald and suggested a PUD as an interim use. Mr. Darkenwald chose not to follow though with that idea. Mr. Kirmis noted the former use car lot is terminated and the old CUP doesn't apply anymore. Mr. MacArthur noted also the staff meeting with Mr. Darkenwald and suggested a PUD. There have been other uses allowed through a contract, difference is the contract terminates when 101 is done. CM Fournier stated we need a formal request from Mr. Darkenwald and wants the City to work with him. CM Heidner asked what would a PUD cost. Mr. Kirmis said that an application was received and was withdrawn, reports have been done. Mr. Darkenwald should resubmit the application. 5.3. Consider request of Clem and Idona Darkenwald for F & F Food Mart. Bob Kiinis went over the NAC report datedlune 13. 1995 (attached) a. An Amendment to the CUP to add additional pump islands and expand canopy. CM Fournier motioned to accept the Planning Commission recommendation of approving the CUP Amendment subject to the conditions listed in the NAC Report dated May 30, 1995, deleting Condition 14C and change condition #4 from existing to new pump and deleting Item #10, plus delete Item #14E and Item #1 will be worked out with the City Engineer, change Item #5 to door should be consistent with height of fence, Item #12 will be adjusted because of deletion of Item #10. Seconded by CM Heidner. All in favor. Motion carried. Discussion: CM Heidner wants Item #5 reduced , high enough now, just add a door. Mayor Freske requested Item # 12 regarding, Security, lowered because Item 10 is eliminated. CM Black on Item #14, Ordinance should be changed to allow this Thank You Sign. Delete Item #4, issue was raised at Planning Commission, troubled with government telling someone how to operate their business delete #4, to be brought up during discussion but not to make it a condition. On Item #1, need an explanation of different proposal of curbing: Mr. Koshak noted he doesn't have a site plan. A site plan is need to make a determination, consider alternate barriers. Mr. Kirmis noted that the concern with the Thank You Sign, is not the sign but the setback. Also regarding the pump, originally Mr. Darkenwald had it located where the under ground tank was, we recommended change for access and safety issue. CM Fournier asked if applicant would work with the Engineer on the curbing and the applicant said he would. Mr. Darkenwald also stated he will put the pump back as discussed at the Planning Commission Meeting. Otsego City Council Meeting of June 26, 1995, cont'd. Page 5. •, , - McLachlan. Lot 1, Block 1, Phase Three of MRD Commercial Park. 10.' 3_acres as follows: Bob Kirmis went over the NAC Report dated May 30, 1995. CM Fournier expressed his concern for such a large piece of property 10.3 acres, and wondered if they could get by with something smaller. Mayor Freske was concerned if growth stops. CM Heidner was more concerned with the ball fields placed in prime commercial area and is not the proper use of the land. CM Ackerman had the same concerns with the ball fields. Andy MacArthur pointed out the Church doesn't have a legal description for any other plat other than the 10.33 acres, the applicant has the right for Council consideration on what they have applied for. He said one of the issues is the septic system. Applicant has the right to withdraw their application and resubmit another application. If application is not withdrawn and Council rejects the proposal they may have to wait a year for reconsideration. Mayor Freske stated he is not selecting the number of acres, but there has to be enough to cover their sewer system. Mr. Koshak's concern is that he doesn't have any information on what activities are projected, septic design and supporting information for a second septic system site, dealing with property located in a flood plain. Pastor Pagh wanted to know if there is a way the Church and City can work together on this because of the time table. They would be willing to negotiate on the corner property, making that the last to develop. He wondered if they could seek approval of 7.33 acres and 3 acres as a separate lot leaving as commercial. Pastor Pagh also noted that a CUP would be needed for the ball fields because they would be located in the Wild and Scenic area. He does not want to go through the application process again. Mayor Freske asked if they would need another hearing. Mr. MacArthur said it goes back to Planning Commission. He also stated we could have entirely different proposal and the process needs to be followed, whether or not another public hearing would be necessary would depend on issues raised by site reduction. CM Black brought up the lost of tax revenue. He expressed that the Church is doing a good job but using land appropriately helps out all residents financially. CM Black stated that water and sewer could be in this area in 3 to 4 years, with the Church owning 5 acres, its conceivable that is enough land for the Church to do what they want and to keep in mind that the Church will have a Water and Sewer Assessment. CM Black thought this request should be turned back to the Church to come up with a more workable plan. CM Fournier stressed that we should work together and make this work and that the tax base can be argued either way. CM Heidner was concerned with the type of message we are sending out to others if this is allowed. Pastor Pagh replied that the conceptual drawing shows a 1200 seat sanctuary, parking is in response to the Parking Ordinance. Pastor Pagh believes the Church will continue to grow and has a profound sense of commitment. Pastor Pagh was concerned with tax Otsego City Council Meeting of June 26, 1995, cont'd. Page 6. revenue figures support. Church has tried to demonstrate what the Church will attract into this area. This is the fastest growing Lutheran Church in the Twin Cities. I I. ••, Park (10.33) Acres. • • : • , '•. - 1I • ►/ t •u$8 - Mr. MacArthur noted that the City has already noticed this hearing, if this will substantially change the reports you will have to have a Public Hearing. If the Council votes on request tonight and if it is defeated, no new proposal can be presented for one year unless the council votes to reconsider by a 4/5 vote. CM Fournier asked if we can send back to the Planning Commission. Mr. MacArthur said yes but make sure the Church understands that the City Council is giving no assurance for approval and Church must be responsible for all costs. Pastor Pagh replied that he understands this. CM Black noted that the two messages he heard tonight were to negotiate and a plan for 10.33 or 15 acres, if the plan is for 10.33 acres, the question should be called. CM Fournier motioned to send back to the Planning Commission to redefine lot lines and discuss drainage and sewer issues. MOTION FAILED FOR A LACK OF A SECOND. Pastor Pagh requested to withdraw application at this time and will resubmit. h. Rezone the above from B -2/R-1 (Institutional Zoning) e $- ' .88 ie 6 Andy MacArthur, City Attorney 6.1 Consider Park and Trail Fees (tabled from 6-12-95) Andy MacArthur went over the June 20, 1995 report (attached) Bob Kirmis stated he had contacted various cities and to refer to the NAC Report dated 6- 20-95. Larry Koshak went over his report. CM Ackerman and Darlene Solberg (Parks and Rec.) went over the fee schedule the Park and Recs. are recommending. (see attached) CM Black motioned to accept the Park and Rec. recommended by the Park and Trail Dedication Fees as listed below: Seconded by Vern Heidner. Subdivision 21-7-18 Section I: Residential $700.00 or 10% of fair market value Commercial/Industrial - 10% of land area or 7.5% of fair market value. Subdivision 21-7-18 Section K; .01% of lot for Commercial/Industrial and Multi -family dwelling or fair market value .005% of lot for single family dwelling or fair market value of land Otsego City Council Meeting of June 26, 1995, cont'd. Page 7. Discussion: CM Fournier asked on what basis did you arrive at these figures. CM Ackerman reported that the Park and Recs. Commission based their figures on what other communities were doing and were at the middle. Darlene Solberg stated it was the consensus of the Parks and Recs. Commission to leave the INS out at this time. There was considerable discussion on the rates. VOTING FOR: NONE VOTING AGAINST: Mayor Freske, CM Ackerman, CM Black, CM Fournier and CM Heidner. MOTION FAILED UNANIMOUSLY. CM Fournier motion to approve the following Fee Schedule: Subdivision 21-8-18 Section I: Residential - applicant shall pay $700.00 or 2.5% of fair market value, whichever is greater, or 10% of land area, at the City's desecration. Commercial/Industrial - 10% of land area or 7.5% of fair market value, whichever is greater, at the City's desecration. Subdivision 21-7-18 Section K: .01% of lot for Commercial/Industrial and Multi -family dwelling or .01% of fair market value, whichever is greater, at the City's desecration .005% of lot for single family dwelling or .005% fair market value of land, whichever is greater, at the City's desecration. Seconded by CM Black. Voting For: CM Black, CM Ackerman, CM Heidner, CM Fournier Voting Against: Mayor Freske Motion carried four to one. CM Black motioned to direct the City Clerk to set a Public Hearing for the Planning Commission as soon as possible with NAC to draft the proposed ordinance. Seconded by CM Heidner. All in favor. Motion carried. 6.2. Review of Firearms Ordinance CM Heidner briefly went over the Firearms Ordinance. CM Black motioned to accept the recommendation for a Firearms Ordinance received from the Firearms Committee and to incorporate suggestions from the County Attorney. Seconded by CM Ackerman. All in favor. Motion carried. Otsego City Council Meeting of June 26, 1995, cont'd. Page 8. a Newiegislative for new zoning applications. The City Attorney briefly went over the legislation and pointed out that this only apply to zoning matters. 8.1.e. Public Works Finn Road Project: Jalger Avenue will be barricaded per attached schedule for the World Conference taking place this week. State will do the barricading per Mr. Koshak. Mayor Freske was concerned will all of the time Otsego has put in this project. Dave Chase said the State has given us $4,000 worth of gravel, which went over 87th. Mr. Koshak went over the Public Works meeting held on Monday, June 19. The committee approved four projects (see attached). CM Black motioned to accept the Public Works Committee recommendation of the following projects for approximately $10,000.00: 1. 85th Street (Odean Avenue to Nashua Avenue) 2. 85th Street NE & Odean Avenue (Bituminous Overlay intersection) 3. 91st Street (Ochoa Avenue - 150' West) Bituminous Overlay 150' x 25' wide (433 yds) 4. Walesch Estates - Drainage Issues (total cost of culverts $713.50) and to accept Rum River Construction's bid of $6,700.00. Seconded by CM Fournier. All in favor. Motion carried. CM Black motioned to delete all of Item 7, Item 8.1, 8.4, and 8.6 and to table until the next City Council meeting. Seconded by CM Heidner. Voting For: Mayor Freske, CM Black, CM Ackerman Voting Against: CM Fournier, CM Heidner Motion carried three to two. 8.2. Consider Resolution replacing #95-2 Resolution Establishing Depositories for City Funds. CM Black motioned to adopt Resolution 95-26, A Resolution Establishing Depositories for City Funds. Seconded by Vern Heidner. All in favor. Motion carried. Discussion: CM Fournier requested that Council is kept informed on all investments. 8 1. Consider Resolution Establishing aDeferred • i' . - • . 'on_Plan for City E mnloyees. CM Black motioned to adopt Resolution 95-27, A Resolution Establishing a Deferred Compensation Plan for City Employees. Seconded by Mayor Freske. All in favor. Motion carried. Otsego City Council Meeting of June 26, 1995, cont'd. Page 9. Discussion: Phyllis Boedigheimer stated there is no cost to the City. CM Heidner was concerned with the protection factors for Otsego. CM Black thought this would come under the Federal Statutes and have to qualify under the IRS. 8 5. Update on purchase of siren and additional equiprecessary for installation. CM Heidner motioned to spend $1,555.00 to install the siren plus there may be additional expenditures for electric and painting. Seconded by CM Black. All in favor. Motion carried. Discussion: CM Heidner is looking forward to seeing how this more inexpensive way works. It was also noted a Public Hearing is not needed because this will be placed in the right of way. UPA is donating a pole and Wright Hennepin will install. 8.7. Consider Head Start Summer Rental of 8days at Old City Hall. CM Black motioned to allow Headstart to rent at no charge. Seconded by CM Ackerman. Discussion: Rational for no charge is that this is a tax supported agency. Upon further discussion CM Ackerman withdrew her second. Motion failed. CM Fournier motioned to have Headstart pay one week's rent. Seconded by CM Black. All in favor. Motion carried. Discussion: Council directed Judy Hudson to review their contract and report back to Council regarding rental payment for June, July and August. CM Heidner motioned to purchase the New Fax Machine, Panasonic KXF3000. CM Black seconded. All in favor. Motion carried. Discussion: CM Fournier supports motion as long as it's the right Fax Machine. 8.9. Discussion of Closing City Hall July 3, 1995. CM Black motioned to close City Hall July 3, 1995. Seconded by CM Ackerman. All in favor. Motion carried. Discussion: CM Black statedthat really what is being asked if it's important for the office to remain open. Note: Employees will be using a personal day or comp. time for this day. Otsego City Council Meeting of June 26, 1995, cont'd. Page 10. 1 • •l .- I I t- •nu-oo. es •u - o sues (Bonestroo Rosene Anderlik) CM Black motioned to retain Bonestroo Rosene Anderlik for the RFP Sewer Study with Frankfort Township and Dayton. Seconded by Mayor Freske. All in favor. Motion carried. Discussion: CM Black said there is a need to discuss some issues that have come up, how whole thing can be put together to make it work. Council would like City Attorney review to make sure that every item in the RFP is addressed. Otsego's share of cost is one half. 1 . •, S- *II u -11•.•l •n ' .111 le •1111 •1 • ,• Study Area SE of 101_ CMFournier motioned to recommend to turn this issue over to Andy MacArthur. Seconded by CM Black. All in favor. Motion carried. 8 11. Consider meeting. 'arding Otsego/Albertville at_ 1A ber ille on July 13, 1995.7 PM. CM Fournier motioned to set a meeting with Albertville at Albertville City hall on July 13, 1995 at 7 PM. Seconded by CM Ackerman. All in favor. Motion carried. 8.12. Consider Claims List for Approval CM Heidner motioned to accept Claims List as posted. CM Black seconded. All in favor. Motion carried. Discussion: CM Fournier noted his concern with the City Engineer and City Planner Fees. Phyllis Boedigheimer said she is working on a budget report. CM Fournier was concerned with the Park'and Rec. Report by Hakanson Anderson. Mayor Freske requested to pull out the itemized bill and City Council will review. CM Ackerman said the Parks and Rec. Commission were looking at purchasing a tape recorder for their meetings. CM Black explained that items like this should be run through the City Clerk's Office. Mayor Freske requested City Clerk to have this on the next City Council Agenda. Mayor Freske reminded everyone of the June 29th meeting here held by the Met Council and encouraged everyone to attend. Phyllis said the Engineering Fees for the Park and Recs. Commission amounts to $18,000.00. Council directed Phyllis to do an itemized report and the show council authorization for each work order. Phyllis handed out information on insurance and asked the Council to review. She also said an insurance agent has requested to do a presentation to the Council. Otsego City Council Meeting of June 26, 1995, cont'd. Page 11. CM Fournier motioned to adjourn. Seconded by CM Black. All in favor. Motion carried. Mayor ro man F. Freske Ronald G. Black, Council Member Suzanne .---trong Ackerman, Council Member 616,DcPc\ Atte Ju . udson, Deputy Clerk CITY SEAL Larry F • i" 'er, Council Member Vern Heidner, Council Member REZONING APPROVAL CITY OF OTSEGO WRIGHT COUNTY, MUNNESOTA IN RE: FINDINGS OF FACT AND DECISION Application of Long Haul Trucking, Inc. to rezone the following described land from A-1, Agricultural Rural Service to I-2, General Industrial The subject property is legally described as: SHE ATTACH EXHIBIT A On 26 June 1995, the Otsego City Council met at its regularly scheduled meeting to consider the application of Long Haul Trucldng to rezone the above described land from A-1, Agricultural Rural Service to 1-2, General Industrial. Based upon the application, the recommendation of the Planning Commission and the evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT 1. The applicant is requesting a rezoning of the following described property from A-1, Agricultural Rural Service to I-2, General Industrial. The subject property is legally described as: SFE EXHIBIT A 2. The subject property's inclusion within the City's designated Urban Service Area has been found to be warranted. 3. Section 20-3-2.F of the Zoning Ordinance, directs the Planning Commission and City Council to consider seven possible adverse effects of the requested rezoning. The seven effects and the findings regarding them are: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. The proposed rezoning is consistent with the provisions of the Comprehensive Plan (Land Use Plan) which suggests industrial use of the subject property. b. The proposed use's compatibility with present and future land uses of the area. The proposed use is compatible with present and future land uses of the area. c. The proposed use's conformity with all performance standards contained herein (Le., parking, loading, noise, etc.). As part of site and building plan review, the proposed use sham be required to meet all applicable performance standards outlined in the City's Zoning Ordinance. d. The proposed use's effect upon the area in which it is proposed. The proposed rezoning and industrial use will not adversely affect the subject area. e. The proposed use's impact upon property values of the area in which it is proposed. The proposed rezoning will not adversely affect property values in the subject area. f. Traffic generation by the proposed use in relation to capabilities of streets serving the property. Traffic generated by the proposed use is within the capabilities of County Road 37, which serves the subject property. The proposed use's impact upon existing public services and facilities including parks, streets, utilities, and its potential to overburden the City's service capacity. Via the property's recent inclusion within the immediate urban service area, it has been determined that the proposed use will not overburden the City's service capacity, 4. The planning report dated 30 May 1995, prepared by Northwest Associated Consultants, Inc., is incorporated herein. 5. On 7 June 1995, the Otsego Planning Commission conducted a public hearing to consider the proposed rezoning preceded by published and mailed notice. Upon review of the rezoning application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council approve the rezoning based on the aforementioned findings. g. 2 DECISION Based on the foregoing considerations and applicable ordinances, the applicant's request to rezone the following described property from A-1, Agricultural Rural District to 1-2, General Industrial District designation is approved in its present form: SPF. ATTACHED EXHIBIT A ADOPTED by the Otsego City Council this 26th day of Tune 1995. CITY OF QTSEGO ATTEST: By: By: Norman F. Freske, Mayor Elaine Beatty, City Clerk/Zoning Administrator 3 PRQPERTY DESCRIPTION: The Fast 1142.12 feet, as measured at right angles to the east line, of that part of the Northeast Quarter of Section 34, Township 121, Range 24, Wright County, Minnesota lying south of the Burlington Northern Railroad Right -of -Way. VARIANCE DENIAL (RIGHT-OF-WAY WIDTH) CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE: FINDINGS OF FACT AND DECISION Application of Long Haul Trucking, Inc. to allow a variance from the City's right-of-way width requirements for "rural collector streets". On 16 June 1995, the Otsego City Council met at its regularly scheduled meeting to consider the application of Long Haul Trucking to allow a variance from the City's right-of-way width requirements for "rural collector streets". Based upon the application, the recommendation of the planning . Commission and the evidence received, the City Council makes the following findings of fact and decision: FINDINGS OF FACT 1. The subject property is legally described as: See Attached Exhibit A 2. The subject property is zoned I-2, General Industrial. 3. The applicant is requesting a vamp from Section 21-7-7.A of the Subdivision Ordinance which imposes a minimum right-of-way width of 84 feet for "rural collector street?. 4. The applicant has proposed a street right-of-way width of 80 feet. 5. Section 21-10-4.A of the Subdivision Ordinance stating statutory requirements and judicial precedent provides that a valance may not be issued unless each and every one of the criteria are satisfied. a. That there are special circumstances or highly unique conditions affecting the property such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of his land. There are no special conditions applicable to the subject property which would deprive the applicant of reasonable use of the property. b. That the granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which property is situated. The granting of the variance holds the potential to be detrimental to the public health, safety and welfare or injurious to other property in the area. That the granting of the variance will not increase the flood hazard or flood damage potential. The granting of the variance will not increase the flood hazard or flood damage potential. The granting of such variance may, however, influence drainage patterns/flows in the area. d. That the use proposed by the applicant would not result in a stage increase violating the requirements of Minnesota Statutes, Chapters 104 and 105, as such chapters may be amended or replaced from time to time, and any applicable requirements imposed by the Federal Emergency Management Agency. The granting of the requested variance will not violate State flood protection and water management requirements. c. e, That the variance is to correct inequities resulting from an extreme physical hardship such as topography. There are no physical hardships upon the site. As such, the correction of inequities is not applicable. f. Hardships relating to economic difficulties shall not be considered for the purpose of granting a variance. The request for variance relates to economic concerns of the applicant. That the hardship is not a result of an action or actions by the owner, applicant or any agent thereof. The applicant has not demonstrated any hardship to warrant approval of the requested variance. g, 2 6. The planning report dated 30 May 1995, prepared by Northwest Associated Consultants, Inc. and letter dated 5 June 1995 from Hakanson Anderson Associates, Inc., are incorporated herein. 7. On 7 June 1995, the Otsego Planning Commission conducted a public hearing to consider the proposed variance application preceded by published and mailed notice. Upon review of the variance application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the Otsego City Council deny the variance request based on the aforementioned findings DECISION Based on the foregoing considerations, and the applicable City Ordinances, the applicant's request for variance from the City's lot area standards is denied in its present form. ADOPTED by the Otsego City Council this 26th day of June 1995. ATTEST: By: CITY OF OTSBGO By: Norman F. Freske, Mayor Elaine Beatty, City Clerk/Zoning Administrator 3 PROPERTY DESCRIPTION: The East 1142.12 feet, as measured at right angles to the east line, of that part of the Northeast Quarter of Section 34, Township 121, Range 24, Wright County, Minnesota lying south of the Burlington Northern Railroad Right -of -Way. INRE: CONDITIONAL USE PERMIT APPROVAL CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA FINDINGS OF FACT AND DECISION Application of Clem and Idona Darkenwald for a conditional use permit amendment to allow various site modifications to a convenience store with gasoline within a B-3, General Business Zoning District. On 26 June 1995, the Otsego City Council met at its regularly scheduled meeting to consider the application of Clem and Idona Darkenwald. Based upon the application, the recommendation of the Planning Commission and the evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT 1. The original conditional use permit was issued under Wright County ordinances which were applicable at the time of initial application. 2. The proposed site modifications constitute an amendment to the original conditional use permit. 3. Modifications to the previously approved conditional use permit must comply with applicable ordinances of the City of Otsego. 4. The property is zoned B-3, General Business. 5. Convenience stores with gasoline are conditional uses within B-3 Zoning Districts. 6. The legal description of the property is as follows: SFR ATTACHED EXHIBIT A 7. Section 20-4-2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the proposed conditional use. The seven effects and findings regarding them are: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. The City's Land Use Plan suggests commercial development upon the subject property. The existing/proposed use is commercial in nature and therefore is consistent with provisions of the Comprehensive Plan. b. The proposed use's compatibility with present and future land uses of the area. The existing/proposed land use has and will be compatible with present and future land uses of the area. c. The proposed use conforms with all performance standards contained herein (i.e., parking, loading, noise, etc.). The existing/proposed use will conform to all applicable performance standards. d. The proposed use's effect on the area in which it is proposed. The existing/proposed use has not and will not tend to depreciate the property values. e. The proposed use's impact upon the property values of the area in which it is proposed. The existing/proposed use has not and will not tend to depreciate the property values. f. Traffic generated by the proposed use in relation to capabilities of streets serving the property. Traffic generated by the existing/proposed use is within the capabilities of County Road 42, which serves the property. 2 g. The proposed use's impact upon existing public services and facilities including parks, schools, streets and utilities, and its potential to overburden the City's service capacity. The existing/proposed use will not overburden the City's service capacity. 8. The planning report dated 30 May 1995, prepared by Northwest Associated Consultants, Inc., is incorporated herein. 9. On 7 June 1995, the Otsego Planning Commission conducted a public hearing to consider the proposed conditional use permit application preceded by published and mailed notice. Upon review of the conditional use permit application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council approve the conditional use permit based on the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinances, the applicant's request for a conditional use permit amendment to allow various modifications to a convenience store with gasoline within a B-3, General Business District is approved in its present form subject to the following conditions: 1. A continuous concrete curb barrier is provided along the perimeter of the off-street parking area. The impact such curbing will have upon site drainage shall be subject to further comment by the City Engineer. 2. All off-street parking stalls are marked with painted lines in accordance with the Zoning Ordinance. 3. The entire off-street parking lot (including the drive aisle which exists on the south and east sides of the building) is hard surfaced with asphalt, concrete, cobblestone or paving bricks as required by Ordinance. 4. The applicant relocate the existing diesel pump island to a location between the two new gas pumps. 5. The site's trash receptacle is screened from view of adjacent properties and public right-of- way by a fence or wall of at least six (6) feet in height with a minimum opaqueness of eighty (80) percent. 6. The site plan is revised to illustrate the location of the on-site sewage treatment system. 3 7. The convenience center's on-site sewage treatment system is found to comply with current ordinance performance standards. This issue shall be subject to further comment by the City Engineer. 8. The site plan is modified to accurately depict the drive aisle and relocated trash handling area to the southeast of the site's principal structure. 9. The site plan accurately identify landscaping which exists upon the subject property. 10. All applicable provisions of "Protecting Water Quality in Urban Areas, Best Management Practices for Minnesota" (MnPCA, October 1989) are satisfactorily met in regard to site drainage. This issue should be subject to further comment by the City Engineer. 11. A designated loading area is provided upon the subject property and illustrated on the submitted site plan. 12. A security is posted to ensure the implementation of various site improvements. The said security should be an amount determined appropriate by the City Zoning Administrator. 13. All exterior lighting is hooded and directed away from adjacent properties and public rights-of-way. Specific lighting locations should be identified upon the site plan. 14. The following conditions are upheld in regard to site signage: a. Any new signage erected on site comply with applicable provisions of the City Sign Ordinance. b. The pylon sign which exists upon the property shall be allowed to remain as a legal non -conformity provided no additions or structural modifications to the sign take place. c. The site plan is revised to illustrate all site signage locations. d. The structural framing element remaining from the banner sign be removed. e. The "thank you" sign located near the property's eastern access point be relocated or removed to comply with applicable setbacks or be removed from the property. 15. Comments from other City staff. 4 ADOPTED by the Otsego City Council this 26th day of June 1995. ATTEST: By: CITY OF OTSEGO By: Norman F. Freske, Mayor Elaine Beatty, City Clerk/Zoning Administrator 5 LEGAL DESCRIPTION: That part of Government Lots 1 and 2, Section 26, Township 121, Range 23, in Wright County, Minnesota, described as follows: Begin at the point where the centerline of County State Aid Highway No. 36 intersects the easterly right-of-way line of State Trunk Highway No. 101; thence continue South 3°50' East along said easterly right-of- way line 517.59 feet; thence continue North 56°10' East 380 feet, more or less,'to the said centerline of County State Aid Highway No. 36; thence continue northwesterly along said Highway centerline to the point of beginning, containing 2.15 acres, more or ISSOf, subject to the right of way of County State Aid Highway No. 36 and State Tr 7,k .#iighwav: No. 101 as they are now laid out and travelled. Subject to easements, restrictions and reservations of record, if any. EXHIBIT A Northwest Associated Consultants, Inc. COMMUNITY PLANNING • DESIGN • MARKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Bob Kirmis DATE: 20 June 1995 RE: Otsego - Christ Lutheran Church Rezoning/Subdivision FILE NO: 176.02 - 95.08 Attached please find the following items applicable to the Christ Lutheran Church request to be considered by the Council on 26 June: 1. Findings of Fact - Rezoning Approval 2. Zoning Map Amendment 3. Findings of Fact - Rezoning Denial To maintain objectivity, you will note that findings have been made both for rezoning approval and denial. pc: Elaine Beatty Andy MacArthur Larry Koshak Pastor Greg Pagh 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 ORDINANCE NO. 95 - CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION. THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS AS FOLLOWS: Section 1. The official zoning map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the following described property: SRF EXHIBIT A Section 2. The above described property is hereby rezoned from a combination B-2, Highway Commercial/R-1, Residential -Long Range Urban Service District to an INS, Institutional District designation. Section 3. The Zoning Administrator is hereby directed to make appropriate change in the official zoning map of the City of Otsego to reflect the change in zoning classification as set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this day of 1995. CITY OF OTSEGO ATTEST; By: By: Norman F. Freske, Mayor Elaine Beatty, City Clerk/Zoning Administrator IN RE: REZONING APPROVAL CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA FINDINGS OF FACT AND DECISION Application of Christ Lutheran Church, Inc. to rezone the following described land from a combination B-2, Highway Commercial/R-1, Residential -Long Range Urban Service District to INS, Institutional District. The subject property is legally described as: SRA ATTACHED EXHIBIT A On 26 June 1995, the Otsego City Council met at its regularly scheduled meeting to consider the application of Christ Lutheran Church to rezone the above described land from a combination B-2, Highway Commercial/R-1, Residential -Long Range Urban Service District to INS, Institutional District. Based upon the application, the recommendation of the Planning Commission and the evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT 1. The applicant is requesting a rezoning of the following described property from a combination B-2, Highway Commercial/R-1, Residential -Long Range Urban Service District to INS, Institutional District. The subject property is legally described as: SEE EXI-IIBIT A 2. The subject property lies within the City's designated Urban Service Area. 3. Section 20-3-2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the requested rezoning. The seven effects and the findings regarding them are: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. The proposed rezoning is consistent with the following policies of the Comprehensive Plan. Policy: Establish and maintain a strong sense of community identity. Finding: The proposed use shall establish and maintain a strong sense of community identity. Policy: To the extent possible, establish and implement physical features which will help create a sense of community identity and recognition. Finding: The propose use shall help create a sense of community identity and recognition. Policy: Permit growth on a phase 4 iasis providing for a logical extension of urban growth and related commuf ty services. Finding: The proposed use represents a logical extension of urban growth and related community services. Policy: All development proposals shall be analyzed on an individual basis from a physical, economic and a social standpoint to determine the most appropriate use within the community as a whole. Finding: The proposed use is the most appropriate use of the subject site from a physical, economic, and social standpoint. b. The proposed use's compatibility with present and future land uses of the area. The proposed institutional use is compatible with present and future land uses of the area. c. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). As a condition of site and building plan review, the proposed use shall be required to meet applicable performance standards of the Zoning Ordinance. d. The proposed use's effect upon the area in which it is proposed. The proposed rezoning and expanded institutional use will not adversely affect the subject area. 2 e. The proposed use's impact upon property values of the area in which it is proposed. The proposed rezoning will not adversely affect property values in the subject area. f. Traffic generation by the proposed use in relation to capabilities of streets serving the property. g. Traffic generated from the rezoning will be within the capabilities of County Road 39, 88th Street/Quaday Avenue, which serve the property. The proposed use's impact upon existing public services and facilities including parks, streets, utilities, and its potential to overburden the City's service capacity. The rezoning and resulting land use will not overburden the City's service capacity. 4. The planning report dated 30 May 1995, prepared by Northwest Associated Consultants, Inc., is incorporated herein. 5. On 7 June 1995, the Otsego Planning Commission conducted a public hearing to consider the proposed rezoning preceded by published and mailed notice. Upon review of the rezoning application and evidence received, the Otsego Planning Commission closed the public hearing and recommended (on a split vote) that the .City Council approve the rezoning based on the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinances, the applicant's request to rezone the following described property from a combination B-2, Highway CommercialiR-1, Residential - Long Range Urban Service District to INS, Institutional District designation is approved in its present form: SEE ATTACHED EXHIBIT A 3 ADOPTED by the Otsego City Council this 26th day of June 1995. ATTEST: By: CITY OF OTSEGO Bv: Norman F. Freske, Mayor Elaine Beatty, City Clerk/Zoning Administrator INRE: REZONING DENIAL CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA FINDINGS OF FACT AND DECISION Application of Christ Lutheran Church, Inc. to rezone the following described land from a combination B-2, Highway Commercial/R-1, Residential -Long Range Urban Service District to INS, Institutional District. The subject property is legally described as: SRF ATTACHED EXHIBIT A On 26 June 1995, the Otsego City Council met at its regularly scheduled meeting to consider the application of Christ Lutheran Church to rezone theabove described land from a combination B-2, Highway Commercial/R-1, Residential -Long Range Urban Service District to INS, Institutional District. Based upon the application, the recommendation of the Planning Commission and the evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT 1. The applicant is requesting a rezoning of the following described property from a combination B-2, Highway Commercial/R-1, Residential -Long Range Urban Service District to INS, Institutional District. The subject property is legally described as: SEE EXHIBIT A 2. The subject property lies within the City's designated Urban Service Area. 3. Section 20-3-2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the requested rezoning. The seven effects and the findings regarding them are: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. The City's Comprehensive Plan (Land Use Plan) suggests commercial use of the subject property. In this regard, the proposed use is not literally consistent with the suggested use of the property. The proposed rezoning and resultant use of the property is also inconsistent with the following specific policies of the Comprehensive Plan: Policy: Maintain and promote balanced commercial development and activity which are viable and responsive to the needs of the community and surrounding market area and services Highway 101 travelers. Finding: The proposed use does not contribute to the commercial development needs of the market area or Highway 101 travelers. Policy: Establish and maintain an advantageous property tax situation and pursue a strengthened and sound tax base. Finding: The proposed use does not strengthen the City's tax base. Policy: All development proposals shall be analyzed n an individual basis from a physical, economic and a social standpoint to determine the most appropriate use within the community as a whole. Finding: The proposed use is not the most appropriate use of the subject property from a physical, economic and social standpoint. Policy: The removal of land from the tax rolls shall be considered only when it can be clearly demonstrated that such removal is in the public interest. Finding: The removal of the subject property is not in the public interest. b. The proposed use's compatibility with present and future land uses of the area. The proposed church use and its accessory activities (recreational uses) hold the potential to be incompatible with present and future land uses of the area. c. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). As a condition of site and building plan review, the proposed use shall be required to meet applicable performance standards of the Zoning Ordinance. Conformance with applicable performance standards has not to date been demonstrated (i.e., off- street parking requirements). 2 d. The proposed use's effect upon the area in which it is proposed. The proposed rezoning and expanded institutional use has the potential to adversely affect the subject area and result in an under -utilization of the property. e. The proposed use's impact upon property values of the area in which it is proposed. While the proposed rezoning will not adversely affect property values in the subject area, the Wright County Assessor has indicated that the proposed use is not likely to escalate area property values as would be expected from a "commercial use". f. Traffic generation by the proposed use in relation to capabilities of streets serving the property. g. A determination as to the ability of County Road 39, 88th Street and Quaday Avenue to serve the proposed use(s) cannot be determined until such time as specific on-site uses are defined and an estimate of traffic volumes has been provided and evaluated. The proposed use's impact upon existing public services and facilities including parks, streets, utilities, and its potential to overburden the City's service capacity. The rezoning and resulting land use will not overburden the City's service capacity. 4. The planning report dated 30 May 1995, prepared by Northwest Associated Consultants, Inc., is incorporated herein. 5. On 7 June 1995, the Otsego Planning Commission conducted a public hearing to consider the proposed rezoning preceded by published and mailed notice. Upon review of the rezoning application and evidence received, the Otsego Planning Commission closed the public hearing and recommended (on a split vote) that the City Council approve the rezoning based on the aforementioned findings. 3 DECISION Based on the foregoing considerations and applicable ordinances, the applicant's request to rezone the following described property from a combination B-2, Highway Commercial/R-1, Residential - Long Range Urban Service District to INS, Institutional District designation is denied in its present form: SEE ATTACHED EXHIBIT A ADOPTED by the Otsego City Council this 26th day of June 1995. ATTEST: By: CITY OF OTSEGO By: Norman F. Freske, Mayor Elaine Beatty, City Clerk/Zoning Administrator 4 JUN -22-1995 11:45 NAC 612 595 9837 P.02/04 Iff1;!;:— Northwest Associated Consultants, Inc. COMMUNITY PLANNING • DESIGN •c MARKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Bob Kirmis DATE: 20 June 1995 RE: Otsego - Subdivision Ordinance - Park Dedication FILE NO: 176.08 - 95.12 At the City Council's directive, I have contacted a number of cities to determine what, if any, park dedication requirements are imposed upon tax exempt properties such as churches and schools. Please note the contacted communities are considered "progressive" in nature and generally believed to offer the most "up to date" park dedication standards. The following is a listing of contacted communities accompanied by a comment regarding tax exempt property park dedication. Anoka City Apple Valley Burnsville Eagan Cnniment Ordinance does not address tax exempt uses. City has joint powers agreement with School District regarding use of recreational facilities. As standard policy, schools are exempt from dedication requirements. Reviewed on a case-by-case basis, no specific dedication requirement. Schools with public recreation fields typically are exempt. Churches are typically subject to park dedication. Not addressed in Ordinance. Commonly, schools exempt from dedication requirements. Not addressed in Ordinance. Schools and churches typically are exempt from park dedication but subject to trail dedication. 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595 -9636 -Fax. 595-9837 JUN -22-1995 11:45 NRC 612 595 9837 P.03/04 City' _ f omments Eden Prairie Ordinance does not reference public/semi-public uses. Therefore, such uses are considered exempt from dedication requirements. Edina Ordinance states only that park dedications are subject to City Council discretion. As standard policy, tax exempt properties are not subject to park dedication. Lakeville While Churches and schools are, as a City policy, exempt from park dedication, trail dedication is imposed. Maple Grove Churches charged according to zoning district inclusion (equivalent dwelling unit fee). City Council may waive dedication requirements for governmental uses devoted to use by the public. Minnetonka Plymouth St. Cloud Woodbury Non-taxable properties are exempt. Park dedication requirement is equivalent to zoning designation. Dedication requirements apply only to residentially zoned property. If tax exempt use lies upon such property, dedication is equivalent to density which would otherwise be allowed. As a practiced policy, uses which pmvide public recreational uses are exempt. All "subdivisions" are subject to park dedication. Recent institutional uses have not had to subdivide, therefore, have not been subject to dedication requirements. CONCLUSION Based upon my investigation, it appears there is no "standard" method of dealing with park dedication requirements on non-taxable uses. Of the twelve surveyed communities, not a single city rias "specific" park dedication requirements outlined for public/semi-public, tax exempt uses. Generally speaking, public schools which offer public recreational facilities to a city are exempt from park dedication. Approximately one-half of the surveyed cities impose park dedication upon institutional uses which do not offer public recreational facilities. 2 JUN -22-1995 11:46 NAC 612 595 9837 P.04/04 In those instances where park dedication is applied, a standard method of calculation is to determine a zoning equivalent. For instance, if a public use lies upon a ten acre residentially zoned parcel of land, the use would be charged an amount equal to the number of residential lots which could have otherwise been developed upon the property. Because Otsego typically applies an INS zoning toits public/semi-public uses, a parallel method of calculation could be to use a land use equivalent per uses identified upon the City's Land Use Plan. Again, there does not appear to be a clear cut method of handling park dedication requirements for non-taxable uses. In fact, several cities have indicated that they have not had to deal with the issue in that church or school construction did not involve the subdivision of land. pc: Otsego Park and Recreation Committee Plaine Beatty Andy MacArthur 3 TOTAL P.04 21-7-17: PROTECTED AREAS: Where land proposed for subdivision on is deemed environmentally sensitive by the City, to the existence of wetlands, drainageways, watercourses, floodable areas, vegetation, or steep slopes, the design of said subdivision shall clearly reflect all necessary measures of protection to ensure against adverse environmental impact. Based upon the necessity to control and maintain certain sensitive areas, the City shall determine whether said protection will be accomplished through lot enlargement areas inthe form o rt.and redesign tdedication of those sensitive In general, measures of protection shall include design solutions which allow for construction *and grading involving a minimum of alteration to sensitive areas. Where these areas areto be incorporated into lots within the proposed subdivision, the applicant shall be required to demonstrate that the proposed design will not require construction on slopes over eighteen (18) percent, or result in significant alteration to the natural drainage system such boundary. t 21-7-18: impacts cannot be contained within the plat 21-7-18: PUBLIC SITES AND OPEN SPACES (PARK LAND DEDICATION): A. As a prerequisite to final plat approval, and at the sole determination by the City, applicants and/or developers shall dedicate land for parks, playgrounds, public open spaces or trails and/or shall make a cash contribution to the City's Park and Multi -Purpose Trail Funds as provided by this Section. The requirement may be a combination of land and cash as determined by the City Council. B. Land to be dedicated shall be reasonably suitable for its intended use as determined by the City and shall be at a location convenient to the public to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location. C. The applicant shall confer with City Staff and the Parks and Recreation Advisory Committee at the time the preliminary plat is under consideration, to secure a recommendation as to the location of any property that should be dedicated to the public, such as parks, playgrounds or other public property. The preliminary plat shall show the location and dimensions ofall areas to be dedicated in this manner. contribution requirement recommendation(s) will be sent o the Planning Commission for review and comment and subsequently t to the City Council for their app la round, recreational area, or When a proposed park, p Y9 D. public ground has been indicated in the City s other p or Comprehensive Plan and is located in wholeeioorr in part lmap within a proposed plat, it shall be who dedicated to the appropriate governmental unit. If the a licant elects not to dedicate anoaea inuen xcessiof PP hereunder for P posed the land required feels is in the public interest to that the City uiring' the excess acquire, the Cty may orconsider condemnation. land through purchase E. Land area conveyed or dedicatothe Ctyf-shallCnot be used in calculating densityrequirementsnd in Zoning Ordinance and shall beinadditiorn toaanddnotnin lieu of open space requirements developments. F. Where private open space for park and recreation purposes is provided in a proposed subdivision, areas shall not be used for credit against the requirement of dedication for park and recreation purposes, unless the City Council finds it is in the public interest to do so. G. The City, upon on consideration of the particular type of development, may require lesser parcels of land to be dedicated if the Cldetermines orthat lesserslandoforupark residents would requiregreater In such cases, a cash and recreational purposes. contribution shall, be required to compensate for the reduced land dedication. In all new subdivisions, ten (10) percent of the gross area subdivided H. or a different percentage as the City , Council shall determine to be reasonably yecssicas a result of the subdivision app shall public be darice ed for public recreation space or other established by City Councresolution. Thea dedicated d percent of the gross areaY alle s addition to property dedicated for streets, easements, or other public ways. No areas may be dedicated for public use until such areas have been approved by the hla nle and nel for the healt,safety, conveniece and genera welfare of the City. I. When, in the opinion of the City and its sole a discretion, it is impractical or inappropriate Poria subdivision to make a dedication of land for p ubl use, or if no land in the subdivision is suitable for such use, the applicant shall be required to pay a cash donation for the City's park system of three eniundred dred fifty (350) dollars for each lot or dwelling the subdivision is located within seventythe bfivee(175) Area of the City, or one hundred dollars for each lot or dwelling unit when the subdivision is located within the Rural Service Area of the City. J. All land proposed fortrail and/or bikeway dedication shall be subject to the recommendations of theoParks and Recreation Sd�hSOlandsBoard mustand also approval and e City Council. conform with the City's bikeway plan. s K. In lieu of a trail landa dcash1donationthe C1forathetCityls es discretion may require bikeway plan of fifty (50) dollars for each lot or dwelling unit when the subdivision City orslocaetwentytfivel(25) the Urban Service Area ofunit when the dollars for each lot or dwelling subdivision is located within the Rural Service Area of the City. L. The City may elect at its sole discretion to receive a combination of cash, land, and development of the land for park use. The potential cash donation generated by the dedicated land and/or clatedthe value Thatofthe amounteVshallebe of land shall be calu subtracted from the cash contribution required by the Subsection I above. M. Planned unit developments mixed inlaccnd ordanceuses swith hall make cash and/or land contributions this Section based upon the percentage of land devoted to the various uses. N. Park cash contributions are enatol pbet calculapprvated and nd established at the time of Council may require the payment at the time of final plat approval or at a latree Delayedtpaymenerms trmay eed upon in the development gement include interest at a rate set by the City. 0. Cash contributions for parks �andpatrai1rk shallltl be deposited in either theCity or 'as trail fund and shall only be used for park acquisition or development, and trail acquisition or development as determined by the City. Additionally, said funds may be utilized anywhere within the City park and trail systems. P. Wetlands, ponding areas, and drainagewa s accepted/by the City may not be considered in the park cash contribution to the City. Q. Property park land dedication being replatted with the same number olots all pP number of dwelling units shall be exempt and same requirements. If the number .increased, of lots or the number of dwelling units is lais or if land outside the previously recorded p added, then the park land dedication and/or park cash contributions shall bebased d on addedetodthelonal plat.lots and If the on the additional landbeing then additional land does not acrecreate addedadditional considered a new one-third (p/ ) new lot for purposes of calculating the dedication requirements. When land is dedicated and deedbioitthe ofityefortpark R it shall be the P ed purposes, e maintain such dedicated property. S Land dedication to the Cishallndl bebinthe the form of lots or outlots with approved 21-7-19: DEDICATION OF STORM WATER HOLDING AREAS OR PONDS: Upon Council, the applicant may be approval by the City public up 5 required to dedicate 'to the p to five ( ) percent of the land proposed to be subdivided forstort areas or ponds. The five (5) pP" the dedication forrparks holdingoconsidered part of dedication shall and recreation purposes or trail/bikeway purposes. 21-7-20: MAINTENANCE OF PRIVATE OPEN SPACE: Operating and Maintenance Requirements for Residential Subdivision Private Open Space Facilities. In the event certahe land bdivisionor sfouctuprivate provided within the owner of recreational use or as service facilities, agreement such land and buildings shall enter into an a9 with the City to assure mined conreasonablerstandarda TThese common areas may be placed to a predetelaced under the ownership of on which is most one of the following depending upon appropriate: A. Dedicated to public where a community -wide use would be anticipated; B. Applicant's ownership and control; or Gilliam S. Radzwill Andrew J. MacArthur Michael C. Court June 19, 1995 RADZWILL LAW OFFICE Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) City Council Members Fire Arris Ordinance - Committee mittee Members City of Otsego c/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 RE: Proposed Fire Arms Ordinance Dear Members: At the request of the City Council I have reviewed the draft ordinance which the Fire Arms Committee has worked out. Generally, the ordinance appears to be in good shape. I do, however, have the following comments: 1. The boundary line for no discharge which you have established generally appears to include most of the City which a person would be immediately concerned about, but I do note that the areas around Riverwood and Island View Estates have been omitted from the no discharge zone, as have those areas near to and adjacent to Albertville including the area where the proposed Long Haul Trucking and Ice Arena may be located, if approved. It would seem to me that the City may want to consider including some of those areas within the no discharge zone for public safety reasons. It would also be much easier to enforce the ordinance if the proposed boundaries were more regular and followed major roadways. Obviously,, the designation of boundaries is left to the discretion of the City Council. 2. Also regarding theboundary, technically, the Otsego city iyoundary generally extends only to the middle of the Mississippi River. 3. The language regarding discharge within the Wild and Scenic Recreational District is taken directly from the relevant Minnesota Rules verbatim. Letter to City of Otsego June 19, 1995 Page 2 Otherwise, the proposed ordinance If you have any further contact me. Very4ru1y yours, Andrew . MacArthur RADZWILL LAW OFFICE appears to be in good shape. questions or concerns please feel free to cc: Bob Kirmis, NAC Larry Koshak, Hakanson Anderson Memo June 12, 1995 City of Otsego Public Works Committee 8899 Nashua Avenue NE Otsego, MN 55330 Subject: 1995 Maintenance Projects From: Larry Koshak, PE, City Engineer 1. 85th Street (Odean Avenue. to Nashua Avenue) A. Digouts - 2 locations, approximately 50ft x 26ft = 144/sy 9sf/sy B. Bituminous Overlay (over digout areas) Approximately 350 LF x 26ft wide = 1011/sy 9sf/sy 2. 85th Street N & Odean Avenue (Bituminous Overlay Intersection) 100LF x 36ft wide = 400/sy 9sf/sy 3. 91st Street (Ochoa Avenue - 150' West) Bituminous Overlay 150ft x 26ft = 433/sy 9sf/sy 4. Walesch Estates - Drainage Issues City of Otsego Page 2 June 12, 1995 A. 81st Street - Install Pipe Install new pipe at site and remove old pipe B. 79th Street & Ochoa Avenue - Culvert Replacement 70LF - 18" CMP with aprons Bit Patching 4ft x 26ft = 1 1.5/sy 9sf/sy C. 78th & O'Brian Avenue - Culvert Replacement 50LF - 18" CMP with arrows Bit Patching 4ft x 32ft = 145.2/sy 9sf/sy Estimate cost of materials, services outside Public Works for Item 1-4 A. Culvert Pipe (Wright County): 120LF of 18" CMP needed (30ft available in shop yard) 90LF @ $4.75/LF 4 Aprons @ $34 ea 6 bands @ $25 ea $ 427.50 136.00 1 50.00 Total Cost of Culverts $713.50 City of Otsego Page 3 June 12, 1995 B. Paving Quotes: Rum River Const. Metro Paving Other projects to consider: $6,700.00 8,950.00 5. 65th Street East of TH 101 - Culvert Replacement a. Engineers & surveying cost to size replacement pipe estimated @ $1,000.00 b. Existing pipe are old type concrete, with no bells and are separating. The separations cause holes in the road and slopes. The pipes need to be replaced. However, both pipes are in stream for draining a substantial area of the South Mississippi Tax District. c. Replacement pipe costs would include pipe, apron end and rental of a larger backhoe. This street is gravel surfaced. 6. 83rd Street & Mason Avenue - Culvert Replacement a. Pipes and ditch work has been calculated and sized in a report to the DNR for a permit in the Otsego Creek Tax District. b. Pipe under 83rd & under farm driveway are too small and recommended to be replaced. DNR must issue a permit to do so. c. 83rd Street is a paved street and will need a bituminous patch. Farm driveway is gravel surfaced. d. Placement costs have not been determined. File: ot910.pwc QUOTATION DATE (NAME OF PERSON QUOTE GIVEN TO or RECEIVED FROM) ❑ TO FROM ❑ FI NAME! y1^ r q) ^�- ADDRESS 71 D- 3 /6 _S-.53`7( PHONE 41/-5-'13 JOB NAME 0+ JOB LOCATION OTE RECORDED BY A) JOB DATE JOB PHONE JOB NUMBER TYPE OF WORK L e R-- ?kj k`A) 1 O U -e ik s • DESCRIPTION OF WORK !15 5. (e)6k(DiA CDU-eR,LA4-7i © De r9-ai .1004- 5ke.4 16w tio des f- f 6-0-€04-,k) e R. � 1:91) S '54- 4 OF €A -u - c �Lv zIk-k • • v-1 -+C) e_a-1 CD'ma. a• Vropogat & Agreement JOB NO. %0 t1 DATE �® 5/15/95 14350 NORTHDALE BLVD. • ROGERS, MN 55374 PHONE (612) 428-4121 FAX (612) 428-4581 PROPOSAL& I- CITY OF OTSEGO 1 JOB AGREEMENT SUBMITTED 8899 NASHUA AVE N.E. NAME TO: OTSEGO LOCATION L MN 55330 J JOB PHONE CLIENT PHONE DAVE CHASE WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR: AREA 111: 91ST. AND OCHOA DRIVE DIG OUT BADLY DETERIORATED ASPHALT (BASED ON 22' X 125') AT 4" IN DEPTH AND REPLACE WITH 4" FULL DEPTH ASPHALT. AREA 112: 85TH. AND NASHUA (BASED ON 22' X 350') DIG OUT "2" BAD AREAS PP ASPHALT (APPROX. 6 X 15) EACH. SWEEP AREA TO PAVE AND TACKCOAT. INSTALL 1 1/2" OF 2341 MN DOT SPEC ASPHALT. AREA #3: 85TH AND ODEAN (ENTRANCES ON BOTH SIDES OF ODEAN) * MILL TIE IN JOINTS FOR OVERLAY. * SWEEP AND TACKCOAT AREA TO PAVE. * INSTLL 2" OF 2341 MN DOT SPEC ASPHALT. (AREAS INCLUDE RADIUS'S AND WIDTH X 28') AREA 114: 81ST AND ODEAN * INSTALL 4" OF 2341 MN DOT SPEC ASPHALT. (3' X 22') FOR CULVERT REPAIR. AREA 115: OBRIAN AND OCHOA * INSTALL 4" OF 2341 MN DOT SPEC ASPHALT. (3' X 22') FOR CULVERT REPAIR. AREA 116: 78TH AND OBRIAN * INSTALL 4" OF 2341 MN DOT SPEC ASPHALT. (3' X 22') FOR CULVER REPAIR. PRICE: $8,950.00 THIS P•O'OSALAG• EMEN 1 V• e t a 9 •' 1 S 'I •" 1 9 ' -' - •'' BIDDER: KEEP YELLOW COPY FOR YOUR RECORDS: Wee AOropoge hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: EIGHT THOUSAND NINE HUNDRED FIFTY DOLLARS ... dollars ($ 8,950.00 Payment to be made as follows: PLEASE TAKE NOTICE: "ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILEA UEN AGAINSTYOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL ONE HUNDRED TWENTY DAYS (120) AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A UEN WAIVER SIGNED BY PERSONS WHO SUPPUED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE." J The undersigned guarantor jointly and severally unconditionally guarantees the METRO PAVIN;�/ No ROBERT SEVERSON prompt payment when due of all sums owed to Metro Paving, Inc, under the above contract. The undersigned guarantor acknowledges that execution of this Guarantee Metro Paving, Inc. relied in entering -� is a material part of the consideration upon which A ` Inducement By: into thls Proposal &Agreement and that this guarantee Is executed as an r 7 A HO 'IZED SIGNATURE to Metro Paving, Inc. (� tt t11 FI CCeptante of greement -The above prices, spec LEGAL COMPANY NAME ifications and the terms and conditions on the reverse side of this agreement are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Councilmember Black introduced the following resolution and moved its adoption: RESOLUTION NUMBER 95-26 REPLACING RESOLUTION 95-2 A RESOLUTION ESTABLISHING DEPOSITORIES FOR CITY FUNDS WHEREAS, the City of Otsego each year must stipulate official depositories for City funds. NOW, THEREFORE, BE IT RESOLVED, that the City of Otsego designates the following depositories as official city depositories of City funds: Bank of Elk River - Elk River, Minnesota First National Bank of Elk River - Elk River, Minnesota Marquette Bank of Monticello - Monticello, Minnesota Security Bank Northwest of St. Michael - St. Michael, Minnesota First Banks - FBS Investment Services Inc. Norwest Investment Securities - Minneapolis, Minnesota Edward D. Jones & Co. - Northern Chicago Bank Smith Barney - Chemical Bank New York Dain Bosworth - Norwest Bank Minneapolis Minnesota Municipal Money Market Fund - St. Paul, Minnesota BE IT FURTHER RESOLVED, that to properly diversify and protect the City's funds the City Treasurer is authorized to deposit up to two million dollars ($2,000,000.00) in each of these depositories. Collateral is required for funds that are not directly invested in investment securities that are insured by the Federal Deposit Insurance Corporation or other United States Government Agencies. Investments shall be in accordance with investment securities allowable under the State of Minnesota investment guidelines for municipalities. The City Treasurer shall deposit all or any part of the City's funds into the approved depositories and withdraw the same when necessary, or when directed by the City Council. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Heidner and upon vote being taken thereon, the following voted in favor thereof: Mayor Freske, Councilmembers Ackerman, Black, Fournier, and Heidner and the following voted against the same. none, whereupon said resolution was passed this 26th day of June, 1995. ST: Elaine Beatty, Clerk/Zoning 0-a' Ir. lor Norman F. Freske, Mayor ,r..."..�.4, d, 'k,a„....•+.nuu.� ,(44111 M Councilmember Black introduced the following resolution and moved its adoption: RESOLUTION NO. 95-27 RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES WHEREAS, the City of Otsego has employees rendering valuable services; and WHEREAS, the establishment of a deferred compensation plan for such employees serves the interests of the City of Otsego by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City of Otsego has determined that the establishment of a deferred compensation plan to be administered by the ICMA Retirement Corporation serves the above objectives; and WHEREAS, the City of Otsego desires that its deferred compensation plan be administered by the ICMA Retirement Corporation, and that the funds held under such plan be invested in the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans; NOW THEREFORE BE IT RESOLVED that the City of Otsego hereby adopts or has previously adopted the deferred compensation plan in the form of the ICMA Retirement Corporation Deferred Compensation Plan, referred to as Appendix A. BE IT FURTHER RESOLVED that the City of Otsego hereby executes the Declaration of Trust of the ICMA Retirement Trust, attached hereto as Appendix B, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the City, if the assets of the plan are to be invested in the ICMA Retirement Trust. BE IT FURTHER RESOLVED that the Business/Finance Director shall be the coordinator for this program; shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation or the ICMA Retirement Trust; shall cast, on behalf of the City, any required votes under the ICMA Retirement Trust; Administrative duties to carry out the plan may be assigned to the appropriate departments, and is authorized to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan. The motion for the adoption of the foregoing resolution was duly seconded by Mayor Freske and upon vote being taken thereon, the following voted in favor thereof: Mayor Freske, Councilmembers Ackerman, Black, Fournier and Heidner and the following voted against the same: none, whereupon said resolution was passed this 26th day of June, 1995. Norm reske, Mayor ATTEST: /get"--pt-e-- Elaine Beatty, Clerk/Zoning A AGENDA ITEM NUMBER: 8.7 MEMO: City Council FROM: Judy Hudson, Deputy Clerk Headstart does not pay rent for the months of June, July and August (Not used). They would like to use the Old Town Hall on Friday, June 30, 5 - 9 PM Saturday, July 1, 1995, 5 - 9 PM Friday, July 28, 5 - 9 PM Saturday, July 29, 5 - 9 PM Friday, August 11, 5 - 9 PM Saturday, August 12, 5 - 9 PM The use is for some type of parenting class. What I need to know is: Do you want to charge a rental fee for Headstart? If so, how much? AGENDA ITEM NUMBER 8.8 TO: CITY COUNCIL RE: PURCHASE OF FAX MACHINE FROM: Judy Hudson, Deputy Clerk The old fax machine gave up on us (Carol used it too much). We are currently trying out a Panasonic KXF3000, (see attached specs). Staff recommends approval of purchase. List price $1,429.95, less trade-in, cash discount of $549.95 for purchase price of $880.00. (Audio Communications) $5,000 was budgeted for equipment. For the period 06/13/95 to 06/26/95 Cld1M5 ist ror fPProval TO WHOM PAID C IT1` o aVOM PURL 1A3E U3ED 3IREh Ou/ r5/9 7 } POSTMASTER TEN ROLLS POSTAGE 06/16/95 7d PUBLIC EMPLOYEES RETIREMENT FUND MAY MONTHLY-EMPLOYEE/EMPLOYER SHARE 06/16/95 734 CLAIM FOR WHAT PURPOSE DATE NUMBER TOTAL CLAIM 59'8:88 304.85 BANK OF ELK RIVER FED WITH -JUNE MONTHLY & 6/9/95 PAY 06/16/95 736 2,020.21 JERRY OLSON.. ELAINE BEATTY DEVELOP PICTURES PAY WEEKENDED 6/9/95 06/16/95 737 20.34 06/16/95 740 602.79 JUDY 11UCOON PAY WEEK ENDED 6/9/95 00/1674.95 741 131.55 ROL A. @LOc6f! PAY WEEK ENDED 0/9/95 00116/95 742 332.50 -)HYLL}S BBCDfCIitCR PAY WEEK ENDED C/9/95 OG/1-6/95- 743 CO" .03 PAY 1ICHCLE CERSH WEEK ENDED 0/9/95 00/16/95 744 260.24 For the period 06/13/95 to 06/26/95 Claimc Lit far Approval TO WHOM PAID CLAIM FOR WHAT PURPOSE DATE NUMBER TOTAL CLAIM DAVID CHASE PAY WEEK ENDED 6/9/95 06/16/95 746 499.42 DUANE FIEDLER PAY WEEK ENDED 6/9/95 06/16/95 747 479.80 SUZANNE ACKERMAN MAY COUNCIL PAY 06/16/95 748 511.01 ANDREW MERGES MAY MONTHLY PAY 06/16/95 749 806.20 SUZANE ACKERMAN MAY COUNCIL PAY 06/16/95 750 46.17 NORMAN FRESKE -MAY COUNCIL PAY 06/16/95 751 461.75 VERN HEIDNER MAY COUNCIL PAY 06/16/95 752 323.22 LARRY FOURNIER MAY 'COUNCIL .PAY 06/16/95 753 484.83 NALD BLACK MAY COUNCIL PAY 06/16/95 754 646.45 PUBLIC EMPLOYEES RETIREMENT FUNDEMPLOYER/EMPLOYEE SHARE 6/9/95 06/19/95 735 432.17 ABDO 0'886 & EICK KATHY BEAUDRY BLUE CROSS - BLUE SHIELD` A DIT-CCRVICCC -THROUGH MAY ;`REFUND OF DAMAGE DEPOSIT HEALTH & LIFE FOR JULY W.,/2(A95 715 06/26/95 716 06/26/95 717 2,50$.99 400.00 451 .94 For the period 06/13/95 to 06/26/95 TO WHOM PAID Claimc -1,>r Approval FOR WHAT PURPOSE CLAIM DATE NUMBER TOTAL CLAIM BOISE CASCADE OFFICE PRODUCTS OFFICE SUPPLIES 06/26/95 718 68.48 _6 • • EAST TONKA SANITATION JENNIFER CHASE _e0 LAPLANT SANITATION INC LONG LAKE TRACTOR & EQUIP -. MAY RECYCLING CHARGES REFUND DAMAGE DEPOSIT 06/26/95 720 06/26/95 721 302.50 400.00 • • ECYCLING.SERVICE ::.PARTS:FORD TRACTOR 06/26/95 723 06/26/95 724 447.50 27.50 310.00 MINNESOTA MUTUAL SHORT TERM DISABILITY -JULY 06/26/95 726 67.50 JACQUIE RGGNLI SCHARBER & SONS SOFTRONICS --5 HAKANSON ANDERSON ASSOC INC . . JUNE ISSUE OF OTSECO VIS44 PARTS JD MOWER COMPUTER MAINTENANCE 06/26/95 72S 06/26/95 729 06/26/95 730 ENGINEERING SERVICES GEN/PROJECTS 06/26/95 732 32S.00 10.32 100.00 A te 8,496.59 TOTAL FOR MONTH TOTAL YEAR TO NNE 30,869.7' 2 1,130.1 June 26, 1995 MEMO TO: MAYOR AND COUNCIL FROM: ELAINE BEATTY 6/26/95 2:30PM Wayne Fingalson, Wright Co. Engr called and requested that we barricade Jalgar tomorrow (6/27/95). There will be three times during the day the barricades need to be up: 1:30PM to 2PM 3:30PM to 4PM 4:30PM to 5PM They will have four (4) buses coming in each time mentioned above. They feel this would be best for safety reasons. The tour will be of FIN/ROAD MN/ROAD WRIGHT CO PUBLIC WORKS (equipment show highlighting the salt shed and Otsego equipment is highlighted also) This is for consideration of the Council. Black Councilmember _Introduced the following resolution and moved for its adoption: RESOLUTION 95 -24 RESOLUTION RECEIVING QUOTES AND AWARDING CONTRACT FOR PLAY EQUIPMENT, RESILIENT SURFACING, AND TIMBERS AT OTSEGO PRAIRIE PARK (IMPROVEMENT PROJECT 95-1). WHEREAS, the City Council directed the Parks Commission to obtain quotes for 1995 improvements at Otsego Prairie Park, and such were received as follows: PLAY EQUIPMENT: Minnesota -Wisconsin Playground, Inc. is the sole -source supplier in this area of Game Time Equipment as was selected by the Parks Commission. Bid Received: 6221 Timber Scope System ADA modification Quote $12,686 4,333 $17,019 RESILIENT SURFACING Two systems were sent out for quotes, the Fibar systems and Safe Site system. Bother are wood fiber mulches with underlay drainage which meet ADA, CPSC & ASTM requirements. Two quotes were originally received as follows Minnesota Playground Jennings Quote $6,533.00* $4,015.00 * $5,524.00 if ordered together with Play Equipment ($1,009.00 discount) A third quote was received from Minnesota Playground for $4,014.00 inclusive of the $1,009.00 discount originally quoted. Minnesota Wisconsin Playground, Inc. is thus the lowest bidder. -2 - The two items quoted ($17,019 + $4,014) would be $21,033 or 98.5% of our estimate of $21,350. We would thus recommend award of a purchase agreement in the amount of $21,033.00 with Minnesota -Wisconsin Playground, Inc. for play equipment and resilient surfacing. PLAYGROUND TIMBERS Quotes for the perimeter timbers, rebars and spikes were requested from South Side Lumber (Rogers), Fullerton Building Center (Buffalo), Midwest Lumber (Monticello) and Rum River (Anoka). Quotes were received from Fullerton, Rum River, and South Side as follows: Fullerton Rum River South Side $1,184.10 1,239.40 1,021.20 South Side Lumber is the apparent low bidder at $1,021.20 for material delivered to the site including sales tax. As a basis of comparison, the same material purchased by the City from Jackson Landscape Supply (Wholesalers) but not delivered would be $1,258.56. Our recommendation is to award the contract to South Side Lumber for these materials. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, WRIGHT COUNTY, STATE OF MINNESOTA, as follows: 1) That the Mayor and City Clerk are hereby authorized and directed to enter into purchase agreements with Minnesota -Wisconsin Playground, Inc. and South Side Lumber for the respective items as quoted. 2) That the City Council further authorize purchase of ancillary materials as required for installation including concrete for footings, temporary shoring lumber and other miscellaneous materials required by volunteers for installation. 3) That the target installation date is July 29, 1995. 4) That this project is part of the Outdoor Recreation Grant Project and shall promptly be submitted for reimbursement by the City Finance Director. The motion for the adoption of the foregoing resolution was dully seconded by Councilmember and upon vote being take thereon, the following, voted in favor thereof: /Fournier Norman F` Freske, Mayor, Larry Fournier, Ron Black, Vern Heidner 4 -3 - and the following voted against the same: and the following abstained: and the following were absent: None None None whereupon said resolution was declared duly passed and adopted by the Otsego City Council this 12nd day of June, 1995. TTEST: Elaine Beatty, Cle,4 NORMAN F FRESKE, MAYOR Council member Bladk introduced the following resolution and moved for it adoption: RESOLUTION 95- 25 RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR GRADING FOR OTSEGO PRAIRIE PARK (IMPROVEMENT PROJECT 95-1). WHEREAS, pursuant to an advertisement for bids for improvements to Otsego Prairie Park (Project 95-1), bids were received May 22, 1995, open and tabulated according to law and the following bids were received responding to the bid advertisement: (Grading) Base Bid Dennis Fehn $18,150.00 Matt Bullock 31,164.00 Veit & Company 36,400.00 (Addt'l grading) Base Bid Plus Alt B $34,550.00 57,307.00 65,800.00 (Ag lime) Base Bid Plus Alt C $22,350.00 35,664.00 39,220.00 (Grading & Ag) Base Bid Plus B & C $38,750.00 61,807.00 68,620.00 WHEREAS, Dennis Fehn Construction is the low bidder for all schedules our recommendation is to award the contract to Dennis Fehn Construction for the base bid and Alternates B and C. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, WRIGHT COUNTY, STATE OF MINNESOTA as follows: 1. That the Mayor and City Clerk are hereby authorized and directed to enter into a contract with Fehn Construction in the name of the City of Otsego for the ball field development at Otsego Prairie Park. 2. That the City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids except that the deposit of the successful bidder shall be retained until a contract has been signed. The motion for the adoption of the foregoing resolution was duly seconded by Council member Fournicr and upon vote being taken thereon, the following voted in favor thereof: Mayor Norman F Freske, Councilmembers Larry Fournier, Ron Black Vern Heidner and Suzanne Ackerman and the following voted against the same: No One and the following abstained: No One and the following were absent: No One whereupon said resolution was declared duly passed and adopted by the Otsego City Council this 12th day of June, 1995. OT708.WPD TTESt: ELAINE BEATTY, NORMAN F FRESKE, MAYOR hil Hakanson Anderson Assoc., Inc. June 12, 1995 Honorable Mayor and Councilmembers City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Best Management Practices 222 Monroe Street Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3401 Dear Mayor: Hakanson Anderson Associates, Inc. has received several questions regarding Best Management Practices (BMP's) and applying them to stormwater and drainage design. This letter is intended to provide a brief overview of the BMP Manual and to outline steps required to officially adopt this manual for City use. The Best Management Practices are a set of guidelines adopted by the State of Minnesota to mitigate pollutant loadings in stormwater runoff caused by urbanization. The BMP's represent Federal level regulations which were adopted by the State. Any project which has grading in excess of 5.0 acres is subject to a National Pollutant Discharge Elimination System (NPDES) General Storm Water Permit. The NPDES Permit is administered by the MPCA. Any project requiring a NPDES Permit must utilize the BMP's. The Best Management Practices Manual was prepared by the Minnesota Pollution Control Agency and incorporates Federal Stormwater regulations. The intent of the Manual is to provide guidelines which, when implemented, will mitigate pollutant loadings in stormwater runoff caused by urbanization. The BMP Manual sets guidelines and recommends design standards which, when followed, will significantly reduce the pollut turn, can be easily reviewed by City Staff. For example, detention pond sizing can be accomplished utilizing standard formula's found in the BMP manual. The formulas can be readily verified and checked by the City Engineer, standard details for silt fence installation, slope stabilization techniques, rock construction entrances, etc. can be found in the BMP Manual. Use of the BMP Manual would be similar to the use of Mn/DOT's standard specifications for construction, which the City utilizes for roadway projects. The BMP's would provide uniformity in stormwater control and meet state requirements. I anrlcrana ArrhltPrts Surveyors Honorable Mayor and Councilmembers Page Two June 12, 1995 The City's Subdivision Ordinance and Zoning Ordinance each have sections dedicated to regulating drainage and erosion control. The sections are generally broad ranged but do offer some specifics to the developer's engineer. By amending these ordinances to reference the BMP Manual, we would be providing a widely accepted and utilized set of design standards for the developers to utilize. The BMP's were referenced in the revised street standards as adopted by the Council. By amending the Zoning and Subdivision ordinances, we would be assured the developer will see the requirement for implementing the BMP's. We would propose only to reference the BMP Manual, as its length is prohibitive to actual incorporation. The procedure for implementation of the BMP Manual would be similar to other ordinance amendments. Public hearings, etc, would be required. We would also recommend amending the roadway related sections of the Zoning and Subdivision ordinances to reflect the recently approved street specifications. These could be revised simultaneously. We will be present at the June 12, 1995 City Council meeting to discuss this matter. If you have any further questions, please feel free to give me a call. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. cc: Elaine Beatty File: OT91 1 QUOTE SHEET FOR LAWN SERVICE FOR OTSEGO CITY HALL JOB DESCRIPTION: Mowing, trimming, weed control, fertilizing, seeding and patching as necessary. �r Weekly Rate: J Q,�' ��,k�� CA -k" (ettkspric eQ oyski Hourly Rate: What equipment/supplies would you supply: u t e. Ai k What equipment/supplies would you expect the City to supply: ino vve S"f LAWN CARE Where Service Comes First Residential • Commercial • Townhomes Jeff Rowe Owner 753-1848 LONG & SONS JANITORIAL SERVICES 13360 Islandview DriN ELK RIVER, MINNESOTA b.,.i30 Phone 441-2418 Clearteitg LY4opoJat LOCATI N CONT CT 4///- v//I SERVICES REQUIRED FREQUE d Y SERVICES REQUIRED FHttautr,cT AREA / ITEM WORK DESCRIPTION oP ��/ �oa�z ore AREA / ITEM WORK DESCRIPTION oP 4" ae ' RESTROOMS DOORS • WALLS • PARTITIONS TOILETS • SINKS • URINALS CLEAN • SANITIZE • POLISH ENTRANCE GLASS DOORS CLEAN TRASH CONTAINERS EMPTY • LINE • CLEAN • SANITIZEINTERIOR GLASS CLEAN 4'U2 J • DISPENSERS: SOAP, TOWEL, TISSUE, NAPKIN FILL • CLEAN • SANITIZE ✓ LEDGES • WINDOW SILLS DUST GLASS • MIRRORS • CHROME HARDWARE CLEAN • POLISH // DOORS • FRAMES • WALLS SPOT CLEAN • r FLOORS SWEEP • DAMP MOP • SANITIZE (((lot. BASEBOARDS DUST aro 02.0 PARTITIONS • DOORS DUST • DAMP MOP • SPOT CLEAN / WALLS BY SINKS 1 URINALS DAMP WIPE it FLOOR DRAINS SEAL• LEAN L/ MISCELLANEOUS WASTE CANS EMPTY I' T ASH TRAYS • URNS EMPTY • DAMP WIPE FLOORS VENDING MACHINES DAMP WIPE C.1.4%, RESILIENT SWEEP LIGHTS REPLACE DUST coVJ . ) L RESILIENT DAMP MOP CHAIRS •CLOCKS • PICTURES DUST •DAMP WIPE RESILIENT WAX VENTS • LOUVERS • FANS • BLINDS CLEAN • VACUUM RESILIENT BUFF UPHOLSTERED FURNITURE • DRAPES VACUUM HAMPOO f+ • V CEMENT • TERRAZZO • TILE • OTHER SWEEP • DAMP MOP Y GLASS WINDOWS/DOORS CLEAN C3•l1�l�P i RUGS • CARPETS VACUUM • AMPOO MATS VACUUM • PICK UP / TURN ..)&141.., DRINKING FOUNTAINS CLEAN • POLISH • SANITIZE EXTERIOR KICKPLATES • THRESHOLDS CLEAN • POLISH ez/2/7 a r 1 - ENTRANCE ENTRANCE SWEEP t/ r. LIGHT SWITCHES • HANDLES • PUSH PLATES CLEAN • POLISH „lei . • i y PAPER • DEBRIS PICK UP �/ DESKS • TABLES • PHONES DUST • DAMP WIPE • SANITIZE SIDEWALKS SWEEP JANITOR'S STORAGE AREAS CLEAN • ORGANIZE • RESTOCK PARKING LOT SWEEP 5/j_) R OIINOTES: amt 661-1_4)...,-7( / t.....d 0...40 --v, j � jLiciati,' t ..-GL ( >� z, .0 aps i� .-/- b}L larLdzek. C 04e-) i, c,1 p , 4 J p 47 ath. � n&i aia eo/LCIG/io,a' this se ice will be supplied by: 4. Date services begin co a 9J ;leaning supplies to perform 6( Y(1 C Cwt l� ! 1/ CfYr�'`J the event at this Agreemen(,(Jroves unsatisfactory, it may be terminated by a 30 day written notice by either party. 3. Total costs of services will be � —' ` 7 G� per month. 5. This offer or eement expires on Jr Quote oft Date ea 7-96" -96 '9ccep/ance of .yiopo.lal Authorized Signature Date ,vF 4 i,,c r;rninn. Mass 01471 To Order PHONE TOLL FREE 1 +800.225.6380 LONG & SONS JANITORIAL - " RVICES 13360 Islandview Drivb ELK RIVER, MINNESOTA 55330 47 7,n, \-74- L.4./.0.„ SERVICES REQUIRED AREA / ITEM WORK DESCRIPTION FREQUENCY o,- •• / RESTROOMS eIeiiiiig �opoJcci /FO CATION dait 41.646)-4v (fie / CO ACT SERVICES REQUIRED AREA / ITEM WORK DESCRIPTION (PHONE /z// j//q DOORS • WALLS • PARTITIONS TOILETS • SINKS • URINALS CLEAN • SANITIZE • POLISH TRASH CONTAINERS DISPENSERS: SOAP, TOWEL. TISSUE. NAPKIN GLASS • MIRRORS • CHROME HARDWARE EMPTY • LINE • CLEAN • SANITIZE FILL • CLEAN • SANITIZE CLEAN • POLISH ENTRANCE GLASS DOORS INTERIOR GLASS LEDGES • WINDOW SILLS CLEAN CLEAN c s A p DUST FREQUENCY o� n2 FLOORS SWEEP • DAMP MOP • SANITIZE DOORS • FRAMES • WALLS BASEBOARDS PARTITIONS • DOORS DUST • DAMP MOP • SPOT CLEAN WALLS BY SINKS / URINALS FLOOR DRAINS DAMP WIPE SEAL • CLEAN 26 / r MISCELLANEOUS SPOT CLEAN a,kkasj DUST WASTE CANS ASH TRAYS • URNS EMPTY EMPTY • DAMP WIPE FLOORS RESILIENT RESILIENT RESILIENT RESILIENT CEMENT • TERRAZZO • TILE • OTHER RUGS• CARPETS SWEEP DAMP MOP WAX BUFF SWEEP• DAMP MOP CrACUUM7OO VENDING MACHINES LIGHTS CHAIRS • CLOCKS • PICTURES VENTS • LOUVERS • FANS • BLINDS UPHOLSTERED FURNITURE• DRAPES GLASS WINDOWS / DOORS MATS DAMP WIPE REPLACE • DUST DUST • DAMP WIPE CLEAN • VACUUM VACUUM• SHAMPOO CLEAN VACUUM • PICK UP / TURN DRINKING FOUNTAINS EXTERIOR ENTRANCE KICKPLATES • THRESHOLDS CLEAN • POLISH • SANITIZE CLEAN • POLISH SWEEP PAPER • DEBRIS PICK UP SIDEWALKS PARKING LOT SWEEP LIGHT SWITCHES • HANDLES • PUSH PLATES DESKS • TABLES • PHONES JANITOR'S STORAGE AREAS CLEAN • POLISH DUST • DAMP WIPE • SANITIZE CLEAN • ORGANIZE • RESTOCK SWEEP SPECIAL INSTRUCTIONS / NOTES: r , /, 4 -Wid,t_ ee_i.e.44,J ,a1;t_ed ne-4-a_daim,./e3 .t by R _r �LLiwL O (9Pi, Z/Ild and eo/Ld// o"M 1. Clean supplies to perform this service will be supplied by: the event that this Agreement proves unsatisfactory, it may be terminated by a 30 day written notice by/either party. / 7, �GTLL7,•/ per month. 3. Total costs of services will b 4. Date services begin 5. This offer or agreement expires on Quoted Date Ccceplance of .yiopoJal Date Authorized Signature COPIES FEES 8 X 10 $ .25 per copy Legal Size $ .50 per copy 11 X 17 $1.50 per copy FAX $1.00 per sheet MAPS City Map $5.00 mailed $3.00 pick up Zoning Map $5.00 mailed $3.00 pick up $5.00 mailed Free / pick up HALF SECTIONS SET $150.00 per set Flood Plain Maps RECYCLING BIN $5.00 each COMPREHENSIVE PLAN $15.00 each ZONING ORDINANCE $15.00 each SUBDIVISION ORDINANCE $15.00 each ALL OTHER P & Zs $15.00 each SPECIAL ASSESSMENT SEARCHES $35.00 per search SEPTIC SEARCHES (INCLUDES RESIDENTS) $35.00 per search BURNING PERMITS FREE TOPOS Under 3 acres $25.00 (minimum charge) 3 acres or more $10.00/acre Round off fractions to the next full acre Approved by the City Council on RESOLUTION NO. 92 -2 4 A RESOLUTION ESTABLISHING A CODE OF ETHICS AND CONDUCT FOR THE OTSEGO PLANNING COMMISSION. WHEREAS, the City Council of the City of Otsego has established a Planning Commission, and WHEREAS, this group is responsible for performing vital functions in the planning and development of the community, and WHEREAS, the Planning Commission needs to fully understand its ethical responsibilities, role and function and related conduct expectations. NOW, THEREFORE, BE IT RESOLVED by the Otsego City Council that the following code of ethics and conduct is established for the Otsego Planning Commission. 1. The primary responsibility of the Planning Commission is to evaluate the impact of planning and development from a long range, community -wide perspective. Specialized interests and, especially self-interest considerations, shall not override a City-wide perspective nor unduly influence recommendations. A concentrated effort shall be made by the Commission to identify and take into account all sides, impacts, and opinions on any application or issue. 2. The Planning Commission is in essence an advisory, study group, serving on behalf of the City Council and it is charged with conducting indepth evaluations of planning and development proposals which come before the City Council for a decision. Completion of this responsibility requires the Commission to maintain an objective perspective and not become involved with a group or interest on any side of an issue. 3. No member of the Planning Commission shall participate in any case in which they have financial or personal interest in the property or action concerned, or will be directly affected by the decision, or have or believe they have any other conflict of interest as defined by applicable law. As soon as any Planning Commission member becomes aware of any potential conflict of interest in any case to come before the Commission, they shall notify the Chair or acting Chair of the particulars. Where the Chair finds that a conflict clearly exists, the Chair shall disqualify the Commission member from discussing and acting on the case and cause the secretary to enter the circumstances in the record and to make arrangements for such alternate services as are required. Where the Chair or acting Chair has reasonable doubt as to whether the facts and applicable law indicate a degree of conflict justifying disqualification or excuse from service, the Chair shall seek advice from the City Attorney. If the City Attorney advises that, under the circumstances reported and applicable law, a conflict appears to exist, the Chair shall proceed to disqualify or excuse as provided above. If the City Attorney advises that there is reasonable doubt, the Chair may (a) disqualify or excuse the person involved, or (b) call for a determination by the Commission at a public meeting. The record on any such determination by the Commission shall be full and complete and shall indicate the reasons supporting the Commission's decision. 4. So as to maintain objectivity, members of the Commission are not to individually meet or converse with an applicant or any other interest involved in a request or issue, in any form other than a public meeting. A member shall disqualify themself from voting whenever any applicant, or their agent, has sought to influence the vote of the member on an application, other than in the public hearing. 5. Failure of a member of the Commission to maintain objectivity, and/or avoid participating in a discussion and recommendation where there is a conflict of interest, shall be grounds for removal by the City Council. ADOPTED by the City Council of the City of Otsego, Wright County, Minnesota, this 11TH day of May 1992. CITY OF OTSEGO 21hlanD'Aj2-44 F. Freske, Mayor ATTEST: .Ser e Perrau 't, 'City Cler 2