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03-10-03 CC
ITEM 4_2_ MEMO Date: March 4, 2003 To: Mayor & Council From: City Administrator Mike Robertson Re: Potential 2003 Budget Cuts Governor Pawlenty's proposed budget targets Local Government Aid (LGA) and Market Value Homestead Credit (MVHC) for significant reductions. As of today, Otsego's proposed cut would be $135,000 for the 2003 budget. The actual cut will probably not be determined until the State Legislature adjourns in May. After review with department heads, I have provided a list of potential budget cuts. No action is necessary on these cuts until the State Legislature makes its decision. None of these monies will be spent without Council authorization. POTENTIAL BUDGET CUTS 1. Planned Budget Cut $51,734 This cut was put into the 2003 budget in anticipation of State aid cuts. 2. Recreation Coordinator $20,000 This is new spending requested by the Park & Recreation Commission. They had been told last year that this spending would not be authorized until after the State legislative session was over. 3. Council Contingency $15,000 The Council Contingency Fund is set up for unanticipated spending and can be used for spending cuts. 4. Economic Development Authority $5,500 This money is budgeted under Contracted Services in case the City wanted to hire a consultant or needed cash for an economic development proposal. 5. Dust Control $45,000 This cut was suggested by the Public Works supervisor. Part of the cut would also consist of limiting the amount of times the Public Works department would grade gravel roads during the year. 6. Newsletter $ 51000 This is the approximate amount of money that would be saved if the City dropped the newsletter for the rest of the year. 7. Administrative Cuts $ 4,000 Judy and I came up with several cuts, new maps, new computer, etc., that would total $4,000. 8. Code Enforcement $ 4,000 We could reduce our efforts at code enforcement. These cuts total $150,234. POTENTIAL REVENUE ENHANCEMENTS 1. Sell the Peavey House 2. Establish Franchise Fees on Utilities 3. Increase Administrative Fees on Development Applications The only one of.these options that's likely to provide a substantial amount of money in 2003 is selling the Peavey House. V, CLAIMS LIST CITY COUNCIL MEETING MARCH 10, 2003 TO: Judy Hudson ITEM 5 -1 - Attached is the Claims List for the City Council. For more details, please refer to the Check Detail Registers. If you have any questions regarding this service, please let me know. Claims Register 02-27-2003 $ 62,053.30 03-05-2003 $ 279,385.80 03-06-2003 $ 47,173.00 GRAND TOTAL $ 388,612.10 If you have any questions or if you would like to review this list further, please let me know. Kathy Grover Bookkeeper CITY OF OTSEGO 02/27/03 2:02 PM *Check Summary Register© Page 1 FEBRUARY 2003 FILTER: None Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid AIRGAS, INC. UnPaid BEAR ALARMS $177.22 UnPaid CLARENCE EULL APPRAISAL $1,465.44 UnPaid COMMERCIAL COMMUNICATIONS CO $256.96 UnPaid DRUMMOND AMERICAN CORPORATION $473.10 UnPaid EARL F ANDERSON INC $145.86 UnPaid ECM PUBLISHERS INC $ 7.00 UnPaid FORTIS BENEFITS INSURANCE CO $57738 $5 UnPaid GRANITE CITY LEASING INC $134.69 UnPaid JOYCE B. FARRELL, CFRA $34.02 UnPaid NAGELL APPRAISAL & CONSULTING $261.60 UnPaid PURCHASE POWER $900.00 UnPaid RANDY'S SANITATION $519.00 UnPaid RUBEN BONK $100.77 UnPaid S. R. WEIDEMA $256.80 UnPaid WRIGHT CO MAYORS ASSOC. $20,653.46 UnPaid WRIGHT COUNTY AUDITOR -TREASURE $150.00 UnPaid WRIGHT COUNTY RECORDER $34,310.00 $20.00 Total Checks $62.053.30 FILTER: None CITY OF OTSEGO 02/27/03 2:04 PM Page 1 *Check Detail RegisterC FEBRUARY 2003 -.11-010.0..".—BANK OF ELK. RIVER. Patel AIRGAS, INC. ................. E 101-43100-210 Operating Supplies (GENERAL) $177.22 105947324 OUTFIT W/O HOSE Total AIRGAS, INC. $177.22 npaid BEAR ALARMS ................................ E 601-49400-390 Contracted Services $332.28 1732 PUMP HOUSE 1 YR E 601-49400-390 Contracted Services $332.28 1733 WATER TOWER 1 YR E 101-41940-390 Contracted Services $400.44 1734 CITY HALL A YR MONITORING E 602-49450-430 Miscellaneous (GENERAL) $400.44 1735 SEWER PLANT 1 YR MONITORING Total BEAR ALARMS $1,465.44 Unpaid» ...:........... CLARENCE EULL APPRAISAL,,,<..,.,.....:.......,........,::.,,::..Y....:.,,..:..........,......................:...:.:.:.........:.......:............ E 413-43100-390 Contracted Services $256.96 STRUTHERS - ODEAN Total CLARENCE EULL APPRAISAL $256.96 Unpaid COMMERCIAL COMMUNICATIONS CO ,................ E101-41940-220 Repair/Maint Supply (GENERAL) $473.10 33854 REPAIR SPEAKER SYSTEM Total COMMERCIAL COMMUNICATIONS CO $473.10 UnpaidDRUMMOND AMERICAN CORPORATION E 101-43100-203 Supplies - General $145.86 0594112 OPEN & SHUT OIL Total DRUMMOND AMERICAN CORPORATION $145.86 Unpaid EARL F ANDERSON INC E 101-43100-393 Street Signs $1,570.87 52311 MASON - STREET SIGNS E 101-43100-393 Street Signs $46.13 52380 95TH ST STREET SIGNS Total EARL F ANDERSON INC $1,617.00 Unpaid ECM PUBLISHERS INC E 101-41400-350 Print/Binding (GENERAL) $76.95 140999 NOTICE OF PH E 101-41400-347 Newsletter $121.80 141100 VIEW INSERTS E 101-41400-347 Newsletter $378.63 141229 OTSEGO VIEW Total ECM PUBLISHERS INC $577.38 Unpaid FORTIS BENEFITS INSURANCE CO .......................................... E 101-41400-130 Employer Paid Ins (GENERAL) $94.50 ADMIN - MARCH E 101-43100-130 Employer Paid Ins (GENERAL) $40.19 P/W - MARCH Total FORTIS BENEFITS INSURANCE CO $134.69 .:Un<•paid::.::.:.._,..,.:.>..:......... P ..,...........:....... GRANITE CITY LEASING ......:::....r,.w...Y:..,..�:::.,..:.•.:.v:..,..<..,...,.,.........,..........:......,........::....,..r...:::.,,...::...:......... INC ................ E 101-41400-413 Office Equipment Rental $34.02 PYMT 24 TOSHIBA FAX Total GRANITE CITY LEASING INC $34.02 Unpaid . .......<:.JOYCE B. -FAR RELL, -CERA .:.:::,..:..:..,:...::.,:,,,.:.:,.:::.,:::::::.:::,::::::.:.,.:: ,,,.::.:: ,........ ................................... E 413-43100-390 Contracted Services $261.60 STRUTHERS - ODEAN Total JOYCE B. FARRELL, CFRA $261.60 UnpaidNAGELL APPRAISAL & CONSULTING ................................................... E 413-43100-390 Contracted Services $900.00 10773 STRUTHERS - ODEAN : Total NAGELL APPRAISAL & CONSULTING $900.00 Unpaid PURCHASE POWER ............................................. E 101-41400-206 Postage $519.00 POSTAGE Total PURCHASE POWER $519.00 Unpaid RANDY'S SANITATION E 101-43100-325 Garbage Service $38.61 P/W SHOP E 101-41940-325 Garbage Service $62.16 CITY HALL CITY OF OTSEGO 02/27/032:04 PM *Check Detail Reqister© Page 2 FEBRUARY 2003 _TER: None Total RANDY'S SANITATION $100.77 Unpaid RUBEN BONK E 413-431OC-390 Contracted Services $256.80 Total RUBEN BONK STRUTHERS - ODEAN AVE $256.80 ................................ Unpaid ............................................. . S. R. WEIDEMA .......................... E 422-43100-530 Improvements Other Than Bldgs $20,653.46 PAY 5 88TH ST IMPROVEMENT Total S. R. WEIDEMA $20,653.46 Unpaid WRIGHT CO MAYORS ASSOC. E 101-41100-355 Dues & Memberships $150.00 Total .............. WRIGHT CO MAYORS ASSOC . $150.00 LARRY FOURNIER Unpaid WRIGHT COUNTY AUDITOR -TREASURE - - E 101-42100-390 Contracted Services $34,310.00 PATROL 03-3 Total WRIGHT COUNTY AUDITOR -TREASURE SHERIFF/MARCH/JAN-FEB ADJUST $34,310.00 Unpaid WRIGHT COUNTY RECORDER ...... ........... E101-41400-340 Recording Fees $20.00 Total WRIGHT COUNTY RECORDER MARKET PLACE WEST $20.00 10100 BANK OF ELK RIVER $62,053.30 _TER: None CITY OF OTSEGO 03/05iO3 3:26 PM Page 1 *Check Summary Register© MARCH 2003 FILTER: None Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid ACE SOLID WASTE INC $100.00 UnPaid B & D PLUMBING & HEATING INC $672.16 UnPaid BLACKWOODS RESTAURANT $80.00 UnPaid BOISE CASCADE OFFICE PRODUCTS $115.08 UnPaid BREZE INDUSTRIES $159.46 UnPaid CARLSON TRACTOR & EQUIP. CO. $29.58 UnPaid CHOUINARD OFFICE PRODUCTS $25.55 UnPaid CITY OF MONTICELLO $3,214.00 UnPaid COURI MACARTHUR LAW OFFICE $17,737.50 UnPaid DANIEL SCHARBER $41.40 UnPaid DAVID CHASE $30.00 UnPaid DESIGN ELECTRICAL CONTRACTORS $137,737.90 UnPaid DJ'S TOTAL HOME CENTER $376.56 UnPaid DRUMMOND AMERICAN CORPORATION $162.82 UnPaid ELK RIVER FLORAL $36.95 UnPaid ELK RIVER PRINTING & PARTY PLU $145.91 UnPaid FINKEN'S WATER CARE $87.48 UnPaid GLENS TRUCK CENTER INC $410.35 UnPaid GRIDOR CONSTR., INC. $88,763.00 UnPaid GROEN GARY CPA $1,080.00 UnPaid ICMA RETIREMENT TRUST $422.31 UnPaid JACQUIE ROGNLI $875.00 UnPaid KNUTSON RICK $30.00 'aid LANDCOR INC $100.00 'aid LEAGUE OF MN CITIES $240.00 UnPaid LONG & SONS $548.18 UnPaid MAUS FOODS $29.94 UnPaid NAPA OF ELK RIVER INC $183.73 UnPaid NORTHWEST ASSOC CONSULTANTS $7,012.36 UnPaid PRINCIPAL FINANCIAL GROUP $562.12 Unpaid PUBLIC EMPLOYEES RETIREMENT FD $1,462.49 UnPaid RMR SERVICES, INC $10,170.53 Unpaid STANDARD TRUCK & AUTO $99.83 UnPaid TARGET STORES $31.95 UnPaid WRIGHT COUNTY HIGHWAY DEPT $6,526.48 UnPaid WRIGHT COUNTY RECORDER $40.00 UnPaid XCEL ENERGY $45.18 Total Checks $279.385.80 FILTER: None CITY OF OTSEGO 03/05iO3 3'26 PM Page 1 *Check Detail Reqister© MARCH 2003 10100._ BANK.OF.ELK.RIVER Unpaid ACE SOLID WASTE INC E 101-43610-390 Contracted Services $100.00 2207 SPEC SERVICE 8217 PACKARD AVE Total ACE SOLID WASTE INC $100.00 Unpaid B & D PLUMBING & HEATING INC E 101-41940-403 Improvements to Bldgs $672.16 51475 WORK DONE IN KITCHEN Total B & D PLUMBING & HEATING INC $672.16 Unpaid BLACKWOODS RESTAURANT E 101-41400-310 Miscellaneous $80.00 CITYATTENDANCE :::.::.:::::::::::,.::::::•:::::. Total BLACKWOODS RESTAURANT $80.00 Unpaid •::::::::.::::::::::..::::::.::..,.:.,...N.::.:::::.:....:....:.: V :::,.::,:..:...:......:.....:...:......:..:::.::::..:... �..::..:.. BOISE CASCADE OFFICE PRODUCTS ,:. �:: ::.::: n:.:.::.,.` "" ::•'. E 101-41400-201 Office Supplies $115.08 668862 OFFICE SUPPLIES Total BOISE CASCADE OFFICE PRODUCTS $115.08 Unpaid BREZE INDUSTRIES ...:.,,...:.....,.......:.::.:.,.......,. ,.....:.,.,. E 101-43100-203 Supplies - General $159.46 14491 NUTS/WASHERS Total BREZE INDUSTRIES $159.46 pa CARLSON TRACTOR &EQUIP, CO. .............................................................. E 101-43100-220 Repair/MaintSupply(GENERAL) $17.24 2008899 TRACTOR E 101-43100-220 Repair/Maint Supply (GENERAL) $1.35 2008943 TRACTOR 0 RINGS E 101-43100-203 Supplies - General $10.99 2008944 DUST CAP Total CARLSON TRACTOR & EQUIP. CO. $P9.58 paid CHOUINARD OFFICE PRODUCTS E 101-41400-201 Office Supplies $25.55 52716 SIGNATURE STAMP Total CHOUINARD OFFICE PRODUCTS $25.55 Unpaid CITY OF MONTICELLO ..:::,.:::.::.::..::.:.::.::::,::,:,:.:......... ... ' E 101-42710-390 Contracted Services $384.00 7244 JAN - ANIMAL CONTROL E 213-42200-390 Contracted Services $2,830.00 7244 1ST ORT FIRE CONTRACT Total CITY OF MONTICELLO $3,214.00 Unpaid COURI MACARTHUR LAW OFFICE G 701-21996 Vintage Pro Golf $787.50 VINTAGE GOLF G 701-22313 BLACKWOODS SITE $375.00 BLACKWOODS E 101-41700-301 Legal Services $4,220.00 GENERAL E 435-43100-301 Legal Services $3,822.50 85TH ST/PAGE (EAST) E 413-43100-301 Legal Services $1,400.00 ODEAN - STRUTHERS G 701-21968 Waterfront $1,262.50 WATERFRONT G 701-21988 Cummings $800.00 CUMMINGS G 701-22345 F&FMART REZONING $750.00 F&F FOOD MART E 101-41700-301 Legal Services $600.00 LIQUOR E 101-42420-301 Legal Services $400.00 ABATEMENT G 701-22331 PHEAST RIDGE 6 $125.00 PHEAST RIDGE 6 E 415-43251-301 Legal Services $370.00 WWTF EAST 1 G701-22303 BEAUDRY CUP $100.00 BEAUDRY CUP G 701-22325 101 MARKET $125.00 101 MARKET G 701-22344 PLEASANT CREEK FARMS $1,200.00 PLEASANT CREEK FARMS G 701-22332 PHEAST RIDGE 7 $125.00 PHEAST RIDDGE 7 G 701-21990 WH LINK $150.00 WH LINK E 430-43100-301 Legal Services $50.00 WEST WATER TOWER G 701-22315 OTSEGO MEADOWS GOLF $187.50 OTSEGO MEADOWS GOLF G701-22320 RETAIL OFFICE SPACE $250.00 MARKET WEST G 701-21938 TMH Development $287.50 DAY PROPERTY CITY OF OTSEGO *Check Detail Reqister© MARCH 2003 03/05/03 3:26 P M Page 2 E 101-43100-320 Telephone $30.00 MARCH CELL PHONE Total DAVID CHASE $30.00 Un..�d P .>:.,:.:................:.....,,.......... ........... DESIGN ELECTRICAL CONTRACTORS E 423-43100-530 Improvements Other Than Bldgs $137,737.90 PAY4 CTY39 AND 42 PROJECT Total DESIGN ELECTRICAL CONTRACTORS $137,737.90 Unpaid DJ'S TOTAL HOME CENTER ................................ E 101-43100-203 Supplies - General $44.67 645488 ICE MELT E 101-43100-203 Supplies - General $17.02 647126 MAILBOX E 101-43100-203 Supplies - General $20.61 650500 MISC E 101-43100-203 Supplies - General $103.08 650510 PAINTING SUPPLIES E 101-43100-203 Supplies - General $172.90 650993 MISC E 101-43100-203 Supplies - General $18.28 651602 LIGHT BULBS FLOUR Total DJ'S TOTAL HOME CENTER $376.56 Unf aid:::.....:....,.,.....: P .................:.............. ....:........::....:...,.,..:.:........................:.......................,.....:........,............. DRUMMOND AMERICAN CORPORATION ............................................................................ E 101-43100-203 Supplies - General $162.82 0610724 PRIZM Total DRUMMOND AMERICAN CORPORATION $162.82 :::::::.:::",—.:..:.::.::.:::: Un aid P .....::._:.:.,.::::::::::._:::.,,..,.::::.'.'.' ::::::::::.:::...............::..,:.......::..,.:..,.:,:..::.,w.:x.s,,.uH.,-.,.:.,,..,.:,.,.,.:..,,.:,.:::.,,,,,l.—:,..,,,.--...:....,. ELK RIVER FLORAL E 101-41400-310 Miscellaneous $36.95 FEB2828 FLOWERS FOR SANDY Total ELK RIVER FLORAL $36.95 Unpaid P ...:..........:.................., ........:.:... .... .... ELK RIVER PRINTING & PARTY PLU .........................:...................................................................:...............:...... ................................... E 101-41400-350 Print/Binding (GENERAL) $145.91 016936 ENVELOPES Total ELK RIVER PRINTING & PARTY PLU $145.91 Un aid P ::.,.::::::::::::...,....: ,•:::...0..:.:.:.,..:,....... FINKEN'S WATER CARE ..................................... E 101-41940-390 Contracted Services $26.55 CITY HALL E 101-41950-310 Miscellaneous $29.82 13620 90TH ST E 101-43100-310 Miscellaneous $31.11 13474 95TH ST Total FINKEN'S WATER CARE $87.48 Paid GLENS TRUCK CENTER INC E 101-43100-220 Repair/Maint Supply (GENERAL) $9.52 1230350003 81 TRUCK E 101-43100-220 Repair/Maint Supply (GENERAL) $21.36 1230370048 92 FORD TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $167.31 1230410007 94 FORD TRUCK E 101-43100-220 Repair/Maint Supply (GENERAL) $55.51 1230500057 94 FORK TRUCK E 101.43100-220 Repair/Maint Supply (GENERAL) $23.86 1230520008 81 TRUCK E 101-43100-203 Supplies - General $108.93 1230560021 LED STROBE E 101-43100-220 Repair/Maint Supply (GENERAL) $23.86 1230580017 81 TRUCK Total GLENS TRUCK CENTER INC $410.35 Unpaid GRIDOR CONSTR., INC. ...... E429-43256-500 Capital Outlay (GENERAL) $86,763.00 PAY 12 WWTF Total GRIDOR CONSTR., INC. $88,763.00 Ped GROEN GARY CPA .........................................................::::.::::. E 101-41600-390 Contracted Services $1,080.00 FEB 03 24 HRS CITY OF OTSEGO *Check Detail Register© MARCH 2003 03i05iO3 3:26 PM Page 3 E 101-41400-347 Newsletter $875.00 2CO3-02 JAN/FEB VIEW Total JACOUIE ROGNLI $875.00 Unpaid KNUTSON RICK ........................................................ E 101-43100-320 Telephone $30.00 MARCH CELL PHONE Total KNUTSON RICK $30.00 Unpaid ..................................... LANDCOR INC . ....................... E 101-41400-310 Miscellaneous $100.00 CITY ATTENDANCE Total LANDCOR INC $100.00 Unpaid MN LEAGUE OF CITIES ...::n:.::....:::M. :.,..:. .....,.,,,...:...,::......:. """"��`��"•`•`• E 101-41100-360 Education/Training/Confererces $240.00 12719 CONF - DAN SCHARBER Total LEAGUE OF MN CITIES $240.00 npaid .............................................................. . .................................................. LONG & SONS . ......••..••..•••..•• E 101-41940-389 Cleaning Services $433.46 FEB CLEANING E 101-41940-203 Supplies - General $114.72 SUPPLIES Total LONG & SONS $548.18 Unpaidr.:,,....:..,.....:.MAUS FOODS: . .............:,............. .:..........,....,..,........:...:..::.,:.......:...,...:....,......,......,...,..,,..r....::..,................,....: E 101-41400-310 Miscellaneous $29.94 41444818 SUPPLIES - COFFEE Total MAUS FOODS $29.94 paid NAPA OF ELK RIVER INC E 101-43100-220 Repair/Maint Supply (GENERAL) $8.36 981268 92 FORD TRUCK E 101-43100-203 Supplies - General $68.82 982437 OT ATF/15W40 E 101-43100-203 Supplies - General $1.09 982723 MISC E 101-43100-203 Supplies - General $18.73 982894 SOCKET - MISC E 101-43100-203 Supplies - General $5.72 983071 SPARK PLUGS/MISC E 101-43100-203 Supplies - General $2.86 983170 U -BOLT E 101-43100-203 Supplies - General $42.05 983677 MISC E 101-43100-220 Repair/Maint Supply (GENERAL) $20.21 983989 94 FORD TRUCK E 101-43100-220 Repair/Maint Supply (GENERAL) $6.37 984152 86 CHEVY PICK UP E 101-43100-203 Supplies - General $9.52 984450 WASHER FLUID Total NAPA OF ELK RIVER INC $183.73 npaid NORTHWEST ASSOC CONSULTANTS G 701-22346 HOTELM/ATERPARK $56.58 12526 HOTEL/WATER PARK G 701-22349 ARBOR CREEK $2,541.15 12526 ARBOR CREEK G 701-22350 SMITH MINI STORAGE $735.36 12526 SN11TH MINI STORAGE G 701-22347 RIVERWOODINN $220.85 12526 RIVERWOOD PUD G 701-22315 OTSEGO MEADOWS GOLF $210.85 12526 OTSEGO MEADOWS GOLF G 701-22351 ANOKA EQUINE $145.58 12526 ANOKA EQUINE G 701-22304 OTSEGO WATERFRONT $142.50 12526 WATERFRONT PUD G 701-22342 WATERFRON CONY STORE $90.00 12526 WAT CONY/GAS G 701-22325 101 MARKET $68.78 12526 101 MARKET G 701-22348 OTSSELFSTOR $55.05 12526 OTSEGO SELF STORAGE G 701-22340 WATERFRONT LIQUOR STORE $30.00 12526 WAT FRONT RETAIL/LIQ G 701-22341 WATERFRONT FAM REST $60.00 12526 WAT FAM REST CITY OF OTSEGO 03/05/03 3:26 PM Page 4 *Check Detail Register@ MARCH 2003 E 101-43160-322 Utilities $45.18 086709125406 RIVERPOINTE ST LIGHTS Total XCEL ENERGY $45.18 10100 BANK OF ELK RIVER $279,385.80 TER: None E 203-45210-303 Planning Fees $202.80 12527 PARKS E 101-41570-303 Planning Fees $288.20 12527 WILD & SCENIC E 101-41570-303 Planning Fees $313.60 12527 TRANSP STUDY E 101-41570-303 Planning Fees $336.08 12527 GENERAL E 101-41570-303 Planning Fees $47.90 12528 JK STORAGE E 101-42420-310 Miscellaneous $40.20 12528 ZABEL- 8013 NEEDHAM - JUNK E 101-41570-303 Planning Fees $26.88 12528 5600 QUEENS E 101-41570-303 Planning Fees $1,400.00 12529 MEETINGS Total NORTHWEST ASSOC CONSULTANTS $7,012.36 paid PRINCIPAL FINANCIAL GROUP ............................................................. . E 101-43100-123 Health $263.46 P/W 3/15 TO 4/15 E 101-41400-123 Health $298.66 ADMIN 3/15 TO 4/15 Total PRINCIPAL FINANCIAL GROUP $562,12 Unpaid PUBLIC EMPLOYEES RETIREMENT FD E 101-43100-121 PERA $277.39 PPE 3/1 CK DTD 3/5 E 101-41400-121 PERA $326.38 PPE 3/1 CK DTD 3/5 G 101-21704 PERA $701.67 PPE 3/1 CK DTD 3/5 E 101-41550-121 PERA $157.05 PPE 3/1 CK DTD 3/5 Total PUBLIC EMPLOYEES RETIREMENT FD $1,462.49 Unpaid RMR SERVICES, INC E 601-49400-203 Supplies - General $10,170.53 2003-022 METERS Total RMR SERVICES, INC $10,170.53 aid STANDARD TRUCK & AUTO :::....:....:.. .........:...::.........:„ E101-43100-220 Repair/Maint Supply (GENERAL) $99.83 302955 92 FORD TRUCK �U Total STANDARD TRUCK & AUTO $99.83 :. npaid �.............................,......................•:TARGET STORES A....:.......,:.:.,........,,,., E 101-43100-203 Supplies - General $31.95 1103354687 DAWN SOAP Total TARGET STORES $31.95 Unpaid WRIGHT COUNTY HIGHWAY DEPT E 101-43100-393 Street Signs $299.17 3701 POSTS E 101-43100-372 Salt & Sand $6,227.31 3702 SAND & SALT Total WRIGHT COUNTY HIGHWAY DEPT $6,526.48 Un:::...... Paid ................................................. WRIGHT COUNTY RECORDER .......::...::.............:.................,................:......::.........:....:.,,.,..,, .... E 101-41400-340 Recording Fees $20.00 WATERFRONT 2 FINAL PLAT E 101-41400-340 Recording Fees $20.00 WATERFRONT 3 FINAL PLAT Total WRIGHT COUNTY RECORDER $40.00 Unpaid XCEL ENERGY ........... :.,,,,... E 101-43160-322 Utilities $45.18 086709125406 RIVERPOINTE ST LIGHTS Total XCEL ENERGY $45.18 10100 BANK OF ELK RIVER $279,385.80 TER: None CITY OF OTSEGO 03/06/03 10:00 AM Page 1 *Check Summary Register© MARCH 2003 FILTER: None Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPald BRADLEY& MILAGROS ANDERSON $24.00 UnPaid DANIELSCHARBER $1,147.50 UnPaid DUANE & JOSINE BEYER $1,510.50 UnPaid FORD & LAURA SLAUGHTER $6,765.00 UnPaid FRANK & COLLEEN BECKER $1,544.00 UnPaid GARY & CANDACE JOHNSON $1,193.00 UnPaid GREGORY& NICOLE BROWN $1,709.00 UnPaid JACOB & VICKI JOHANESON UnPaid JEFFREY & JANE M BARTHELD $7.50 $1,774.50 UnPaid MARK MAROS $745.50 UnPaid MICHAEL & TAMELA LANGER $150.50 UnPaid NOEL & CAROL WETZEL $1,564.50 UnPaid PATRICK & KELLY HOPPE $405.00 UnPaid RANDY& SUN REZNICEK $1,311.00 UnPaid RAYMOND & LESLIE HUBLER $1,524.00 UnPaid RICHELLE L EVANS $16500 UnPaid ROBERT & JODI GEAROU $1,398.50 UnPaid SHAWN & SARAH PAPERMASTER $217.50 UnPaid SHERRY HULT $4.50 UnPaid STAN & MARY SCHUSTER $1,450.50 UnPaid STEVEN D SWANSON $1,206.00 UnPaid TERRY& CONNIE MACK $1,200.00 UnPaid THOMAS & DIANE CONSTANT $9,562.50 iPaid THOMAS & CHERYL VASSEUR $1,407.00 iPaid THOMAS & JANET SKOOG $6,765.00 UnPaid TIMOTHY & RENEE FLYNN $1,453.50 UnPaid TOMMY & CAROL MAY LLOYD $745.50 UnPaid WILLIAM & JANELL JOHNSON $222.00 Total Checks $47,173.00 FILTER: None CITY OF OTSEGO 03;06;03 10:00 AM Page 1 *Check Detail Reqister© MARCH 2003 Check Amt Invoice Comment 10100 BANK OF ELK RIVER npaid BRADLEY & MILAGROS ANDERSON E 435-43100-530 Improvements Other Than Bldgs $24.00 85TH STREET EASEMENT Total BRADLEY & MILAGROS ANDERSON $24.00 ::.:::::::.:.::::::::.::::::::::::.::::::::::::::..::::::::::::::::::::::::.::::::::::::.:, •: •.:.. .::..,..,...:::.,...:::...................................... Unpaid DANIEL SCHARSER E 435-43100-530 Improvements Other Than Bldgs $1,147.50 85TH STREET EASEMENT Total DANIEL SCHARBER $1,147.50 Unpaid DUANE & JOSINE BEYER E 435-43100-530 Improvements Other Than Bldgs $1,510.50 85TH STREET EASEMENT Total DUANE & JOSINE BEYER $1,510.50 Unpaid FORD & LAURA SLAUGHTER E 436-43100-530 Improvements Other Than Bldgs $6,765.00 85TH STREET EASEMENT Total FORD & LAURA SLAUGHTER $6,765.00 Unpaid FRANK & COLLEEN BECKER E 435-43100-530 Improvements Other Than Bldgs $1,544.00 85TH STREET EASEMENT Total FRANK & COLLEEN BECKER $1,544.00 ........................................................................... .......... p GARY & CANDACE JOHNSON E 435-43100-530 Improvements Other Than Bldgs $1,193.00 85TH STREET EASEMENT Total GARY & CANDACE JOHNSON $1,193.00 GREGORY & NICOLE BROWN E 436-43100-530 Improvements Other Than Bldgs $1,709.00 85TH STREET EASEMENT Total GREGORY & NICOLE BROWN $1,709.00 ................................................................................... p JACOB & VICKI JOHANESON E 435-43100-530 Improvements Other Than Bldgs $7.50 85TH STREET EASEMENT Total JACOB & VICKI JOHANESON $7.50 Unpaid JEFFREY J & JANE M BARTHELD E 436-43100-530 Improvements Other Than Bldgs $1,774.50 85TH STREET EASEMENT Total JEFFREY J & JANE M BARTHELD $1,774.50 .............................................. ... ............. paid MARK MAROS E 435-43100-530 Improvements Other Than Bldgs $745.50 85TH STREET EASEMENT Total MARK MAROS $745.50 Unpaid MICHAEL & TAMELA LANGER E 435-43100-530 Improvements Other Than Bldgs $150.50 85TH STREET EASEMENT Total MICHAEL & TAMELA LANGER $150.50 UnpaidNOEL & CAROL WETZEL E 435-43100-530 Improvements Other Than Bldgs $1,564.50 85TH STREET EASEMENT Total NOEL & CAROL WETZEL $1,564.50 Unpaid PATRICK & KELLY HOPPE E 435-43100-530 Improvements Other ThanBldgs $405.00 85TH STREET EASEMENT Total PATRICK & KELLY HOPPE $405.00 Pad:....................:............:...............:::RANDY. & -SUN �REZNICEK�::.......:....::.....,:.........::.....:........:..........................:....,...............:........:..,:::..::.:.::..�.:.::.:...:.....: E 436-43100-530 Improvements Other Than Bldgs $1,311.00 85TH STREET EASEMENT Total RANDY & SUN REZNICEK $1,311.00 :................................................ Unpaid RAYMOND & LESLIE HUBLER E 436-43100-530 Improvements Other Than Bldgs $1,524.00 85TH STREET EASEMENT CITY OF OTSEGO 03/06/03 10:00 AM Page 2 *Check Detail Reqister© MARCH 2003 FILTER: None - heck Amt Invoice Comment Total RAYMOND & LESLIE HUBLER $1,524.00 111111110 paid RICHELLE L EVANS E 435-43100-530 Improvements Other Than Bldgs $165.00 85TH STREET EASEMENT ............................................................................................ Total RICHELLE L EVANS $165.00 npaid . ..................................... ROBERT & JODI GEAROU................................... E 436-43100-530 Improvements Other Than Bldgs $1,398.50 85TH STREET EASEMENT Total ROBERT & JODI GEAROU $1,398.50 Unpaid SHAWN & SARAH PAPERMASTER E 435-43100-530 Improvements Other Than Bldgs $217.50 85TH STREET EASEMENT Total SHAWN & SARAH PAPERMASTER $217.50 npaid ......................................................................................................... SHERRY HULT ................. E 435-43100-530 Improvements Other Than Bldgs $4.50 85TH STREET EASEMENT Total SHERRY HULT $4.50 Unpaid STAN & MARY SCHUSTER "'"' " "'"""" " " E 436-43100-530 Improvements Other Than Bldgs $1,450.50 85TH STREET EASEMENT Total STAN & MARY SCHUSTER $1,450.50 npaid ..................................................................... . STEVEN D SWANSON "... E 435-43100-530 Improvements Other Than Bldgs $1,206.00 85TH STREET EASEMENT Total STEVEN D SWANSON $1,206.00 paid TERRY & CONNIE MACK E 435-43100-530 Improvements Other Than Bldgs $1,200.00 85TH STREET EASEMENT Total TERRY & CONNIE MACK $1,200.00 Unpaid THOMAS & DIANE CONSTANT E 436-43100-530 Improvements Other Than Bldgs $9,562.50 85TH STREET EASEMENT Total THOMAS & DIANE CONSTANT $9,562.50 Unpaid........... THOMAS & CHERYL VASSEUR _ .:...::.:..:.....::.. ""'"""""�""'"'-�" E 436-43100-530 Improvements Other Than Bldgs $1,407.00 85TH STREET EASEMENT Total THOMAS & CHERYL VASSEUR $1,407.00 Unpaid:::.. .............................:..................... ......................::................................,.........................................:....,, THOMAS & JANET E 436-43100-530 Improvements Other Than Bldgs $6,765.00 85TH STREET EASEMENT Total THOMAS & JANET SKOOG $6,765.00 Unpaid TIMOTHY & RENEE FLYNN ::.:::::.:.::::.::..:................................... ": E 436-43100-530 Improvements Other Than Bldgs $1,453.50 85TH STREET EASEMENT Total TIMOTHY & RENEE FLYNN $1,453.50 paid TOMMY & CAROL MAY LLOYD E 435-43100-530 Improvements Other Than Bldgs $745.50 85TH STREET EASEMENT Total TOMMY & CAROL MAY LLOYD $745.50 Unpaid WILLIAM & JANELL JOHNSON ......... ......... .... E 435-43100-530 Improvements Other Than Bldgs $222.00 85TH STREET EASEMENT Total WILLIAM & JANELL JOHNSON $222.00 10100 BANK OF ELK RIVER $47,173.00 FILTER: None rLL,r, 4 . HNutRLl& R 0 6516361311 03/04/03 12:35 :02/02 N0:152 UJ1U4%UJ 11�G 1L.00 CAA u�� .res 01 0. •�•Vv.• vv.v..• GRIDOR CONSTR., INC. S 1888 BERKSHIRE LANE PLYMOUTH, MN 55441 `� v U ` s t- 763.552,8734 _uwnur t 1 1 Y Ur U I SE(A) -- —` OntoforPoriod 1;3rQ7 TO 2/28/03 it nn12 Bo�ICSTROO ROSENL ANDLRIAK & ASSOC, REQUEST FOR PAYMENT WASTEWATER TREATMENT FACILITY SUMMARY: I OR IG IN AI, CONTRACT AMOUNT 2 CHANGL•' 01U)EX- ADDI 1'10N 3 C HANC1F ORDER - DFDIICTION 4 RLVISLL) CONTRACT A:VIOUNT 5 VALUE COMPLETED TO DATE b MA I'ERIAL STOKED 7 AMOUNTLARKLI) THIS PLftl()D 6 LESS RP.TAfNACIE _ 5% y S1.11"l•TOTAL IU LESS AMOUNT IJKL'VIOUSLY PAID I I AMOUNT DUE THIS REQUEST RccummcnJod fur Approvul by: Engineer (Project Engineer) Approved by Conn'2ct0r rR{DOR f: NSTR., INt'. It"bert M yet 3!4/2007 Specified Conlrnct C:otn@lerlrnt Date: 4/1/2003 016013\0inego 2001 kPay Eetlm3tMf2AY XLS EQUAL OPPORTUNITY EMPLOYER Approved by Owner: CITY nF .. . bete S 2.2.11,700 $ 2,217,700 S L744,420 S 239,110 S 19)53.530 S 0 1,983.330 S 1 X94.761 S _81,763 ITEM 5 -2 - Michael C. Couri- Andrew J. MacArthur Robert T. Ruppe— David R. Wendorf *Also licensed in Illinois ••Also licensed in California March 4, 2003 COURT & AIA CAR THUR Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, AIN 553 76-03 69 (763) 497-1930 (763) 497-2599 (FAA9 cou7iandmacarthur@,pobo.y.com Gary Renneke, Attorney Larkin, Hoffman, Daly & Lindgren, LTD 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Bloomington, MN 55431 RE: City of Otsego- Bulow, Manley Brothers- Resolution Regarding Otsego Meadows and Grenins Mississippi Hills Dear Mr. Renneke: Enclosed please find a revised resolution relative to the above -entitled matter making changes requested by yourself in that memo dated February 10, 2003. Please review the following and let me know if you have any comments as soon as possible. It is my intention to have this matter placed on the Otsego City Council consent agenda at their regularly scheduled meeting on March 10, 2003. If you have any questions please feel free to give me a call. Very trul ours, ew J. acArt r COURI & MACARTHUR OTSEGO CITY ATTORNEY Encl. cc: Cliff Lundberg, Attorney Chris Bulow City of Otsego Dan Licht, City Planner CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2003-21 RESOLUTION REGARDING RESTRICTIONS ON THAT PROPERTY PRELIMINARILY PLATTED AS OTSEGO MEADOWS AND PROPERTY FINAL PLATTED AS GRENINS MISSISSIPPI HILLS WHEREAS, Bulow, Inc. has platted certain property as Grenins Mississippi Hills and in association with Manley Brothers Construction, Inc. has preliminarily platted certain property as Otsego Meadows; and WHEREAS, the underlying property so platted has recorded against it various restrictions previously placed upon it by Wright County, Otsego Township and the City of Otsego; and WHEREAS, those restrictions are set forth on the attached Exhibit A; and WHEREAS, Bulow, Inc. has requested that a certain provision of that Addendum No. 1 to the Developer's Agreement between the City of Otsego and Bulow, Inc. dated November 10, 1999, and recorded as Document No. 698943, specifically No. 5 of that Agreement requiring combination of Outlot A and Lot 1, Block 1 and approval of a bed and breakfast by January 1, 2004, be modified to eliminate any time limit; and WHEREAS, the Council, on motion, did agree to modify that condition; and WHEREAS, the city Engineer has indicated that all other conditions of that Development known as Grenins Mississippi Hills and contained within the Developer's Agreement and Addendum No. 1 to the Agreement have been satisfied as to Bulow, Inc.; and WHEREAS, all current restrictions on the land preliminarily platted as Otsego Meadows will remain until said property has been final platted and all conditions of final plat approval have been satisfied. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Otsego as follows: 1. That those restrictions placed upon the land preliminarily platted as Otsego Meadows by Wright County, Otsego Township and the City of Otsego shall be null and void and released by the City upon final plat approval of Otsego Meadows and satisfaction of all conditions of such approval. 2. That the Developer's Agreement for Grenins Mississippi Hills dated September 13, 1999 recorded as Document No. 689898, and the Addendum to that Agreement dated November 10, 1999 and recorded as Document No. 698943 shall be released, and that the condition that a bed and breakfast be approved and lots be combined to accomplish the same is hereby modified and any time limit is eliminated. 3. That this resolution in no way assures Developers final plat approval and that the terms and conditions of the resolution related to Otsego Meadows shall not be effective until final plat approval is given, and all conditions of that final plat approval have been satisfied. ADOPTED by the Otsego City Council this 10 tlday of tlarch 2003. IN FAVOR: OPPOSED: 2 CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk EXHIBIT A 1. Order Granting Conditional Use, dated February 4, 1977, Book 70 of Miscellaneous at page 383. Conditional Use for a residential lot split of less than five acres granted to Owner Arthur May, issued by Wright County. 2. Order Granting Conditional Use, dated February 23, 1978, Book 72 of Miscellaneous at page 468. Conditional Use permit for a residential lot split of less than five acres granted to owner, Donald Greninger, issued by Wright County. 3. Deed Restriction, dated December 2, 1982, Book 81 of Miscellaneous at page 347. Prohibiting any further subdivision of quarter- quarter section applied to Donald Greninger by Otsego Township. 4. Deed Restriction, dated February 24, 1986, Book 87 of Miscellaneous at page 764. Prohibiting any further subdivision of quarter- quarter section applied to Donald and Phyllis Greninger by Otsego Township. 5. Order of Variance, dated December 18, 1989, Book 96 of Miscellaneous at page 869. Variance granted for 1-40 subdivision based upon ordinance interpretation, no further residential building sites or divisions allowed, applied to Donald Greninger, issued by Wright County. 6. Deed Restriction dated November 14, 1996, recorded as Document No. 607673. 7. Rezoning Approval dated August 2, 1999, recorded as Document No. 687990. 8. Preliminary .Plat Approval dated August 2, 1999, recorded as Document No. 687991 9. Plat Approval dated October 13, 1999, recorded as Document No. 698941. 10. Development Agreement dated September 13, 1999, recorded as Document No. 689898. 11. Development Agreement dated November 10, 1999, recorded as Document No. 698943. ITEM 6.1 NORTHWEST ASSOCIATED CONSULTANTS, INC. ' 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 c Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@naplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM- Daniel Licht RE: Otsego - Arbor Creek-, Rezoning/Preliminary Plat REPORT DATE: 4 March 2003 APPLICATION DATE: 11 February 2003 NAC FILE: 176.02 - 03.05 CITY FILE: 2003-05 Please be advised that the Planning Commission held a public hearing on 3 March 2003 to consider the above referenced applications_ Mr. Mike Gair represented the developer and provided an overview of the proposed development and answered questions. The developer concurs with the recommendations of Staff and will work to make the remaining necessary modifications prior to a final plat application. The meeting was attended by approximately 10 to 15 people interested in this item. Of the individuals that spoke, the following issues were raised: ■ Two residents with property along 80th Street to which the development will abut were concerned that the project would impact their ability to keep horses or other farm animals. Staff responded that the zoning was being changed only on the subject site and that surrounding properties where keeping horses is allowed could continue. ■ A resident with property fronting 80th Street and MacIver Avenues was concerned about the impact to their property of proposed street and utility connections abutting their property and if they would be required to connect. Staff responded that the street and utilities are designed to allow future subdivision of their property and that connection to sanitary sewer and water would only be at their request under current City policy. ■ The setback line shown for the Barthel's feedlot was measured from the new building constructed on the property. Another farmer indicated that the Barthel's still use some of their older buildings that are closer to 80th Street for housing animails which should mean that the setback line extends farther south into the subject site. The condition recommended by Staff was that no new dwelling be constructed within 1,000 feet of a building used to house animals on either of the registered feedlots north of 80th Street. We will verify the buildings used to house animals on the Barthel feedlot prior to the City Council meeting. ■ A resident spoke that they were concerned about water flows in Otsego Creek due to the discharge from the west waste water treatment plant. Council member Heidner explained the flow volumes and staff explained the improvements proposed as part of the Otsego Creek Watershed Plan. After closing the public hearing, the Planning Commission voted 7-0 to recommend approval of the rezoning and preliminary plat as outlined below. Findings consistent with the Planning Commission's action are attached. These applications are to be considered at the City Council meeting on 10 March 2003 at 6:30 PM. Decision 1 - Zoning Map Amendment A. Motion to approve rezoning the area of the subject site west of MacIver Avenue from A-1 District to R-6 District and the area east of MacIver Avenue from A-1 District to R-4 District as consistent with the Comprehensive Plan. B. Motion to deny the application based on a finding that the request is inconsistent with the policies of the Comprehensive Plan. C. Motion to table the application. Decision 2 - Preliminary Plat A. Motion to approve the preliminary plat of Arbor Creek, subject to the following conditions: 1. Approval of the preliminary plat shall not guarantee access to sanitary sewer service. The City shall only allocate sanitary sewer capacity to approved final plats with signed development contracts to assure the City of timely development. 2. The submitted EAW is processed in accordance with the provisions of Section 38 of the Zoning Ordinance and approval of the preliminary plat is subject to a finding by the City Council that the project has no potential for significant environmental effects. 3. No new dwelling shall be constructed within 1,000 feet of any animal building on either of the registered feedlots north of 80th Street pursuant to Section 20-27-9 of the Zoning Ordinance. 4. The preliminary plat is revised to extend 79th Street west of Lander Avenue through Block 21. 2 5. A connection of 78th Street to 77" Street across Block 7 may be required at the time of final platting for the area north of Otsego Creek and east of MacIver Avenue if a public street connection to 80th Street is not available. 6. Lots within Block 7 and 25 shall be revised to be 75 feet wide at the front setback line and at the OHMW unless the preliminary plat is approved with a PUD -CUP flexibility subject to submission of a shoreland density evaluation. 7. The preliminary plat is revised such that Lots 13 and 14 of Block 23 meet the 75 foot minimum within the Shoreland Overlay District and Lots 10-14 of Block 7 and Lots 6-10 of Block 10 are revised to be a minimum 94 feet wide per Section 21-7-6.A3 of the Subdivision Ordinance. 8. The preliminary plat must be revised as Lot 49 of Block 7 and Lot 8 of Block 15 have no feasible building envelope within required setbacks. Lots with a building envelope less than 30 feet wide shall be reviewed. 9. The eyebrow street corner at Lots 7-10 of Block 30 must be eliminated. The street intersecting Lannon Avenue just south of Otsego Creek must be revised to occur at more of a 90 degree intersection. 10. A landscape plan must be submitted for the areas abutting the MacIver Avenue or 80th Street rights-of-way based on the design standards outlined in Section 20-16-7.D of the Zoning Ordinance at the time of final plat. 11. The preliminary plat must be revised to eliminate Lots 1-3 of Block 25 to increase the frontage of Outlot C to 77th Street and the access corridor to Lander Avenue must be increased to 30 feet wide its full length. Dedication of less than 10 percent of the gross area of the subject site shall require a pro -rated cash fee in lieu of land based on the per unit charge in effect at the time of final plat approval. The proposed park land dedication is subject to the comments of City Staff, the recommendations of the Parks and Recreation Commission, Planning Commission and approval of the City Council. 12. Lot 31 of Block 7 is to be dedicated to the City for trunk sanitary sewer facilities. The applicant will be required to provide the necessary easements for the City to construct the trunk sewer line and lift station necessary to serve other properties within the sanitary sewer service district with the first final plat. 13. All grading, utilities, easements, streets and rights-of-way shall be subject to review and approval of the City Engineer. 14. Comments of other City Staff. B. Motion to deny the application based on a finding that the request is inconsistent with the policies of the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Patty Fowler John Jackels Mike Gair 0 CITY OF 0 T S E G 0 ZIRIGHT COCniTY, TNI iINNESOTA APPLICANT: Emmerich Development Corporation 03-04-03 FINDINGS & DECISION ZONING MAP AMENDMENT APPLICATION: Request for a Zoning Map amendment from A-1 District to R-4, Residential Urban Single Family and R-6, Residential Townhouse, Quadraminium, and Low Density Multiple Family District for property included as part of the preliminary plat of Arbor Creek. CITY COUNCIL MEETING: 10 March 2003 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The property lies within the West Sanitary Sewer Service District and is guided for low density residential land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned A-1 District. The applicant is request rezoning of the property to an R- 4 District and an R-6 District designation for the purpose of developing approximately 496 single family lots as part of the preliminary plat entitled Arbor Creek. D. The Planning Commission and City Council must take into consideration the possible effects of the Zoning Map amendment with their judgement based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment. The subject site is planned for low density residential uses to be served by municipal sanitary sewer and water service by the Comprehensive Plan. The Comprehensive Plan defines low density residential units as single family, two family and small scale townhouse uses with less than four units per gross acre. The proposed development consists of single family lots with an average lots size of 93,385 square feet and a gross density of 2.4 dwellings per acre. The type of use and density is consistent with the Comprehensive Plan. The following policies maybe cited specifically in support of the requested rezoning_ • A mix of housing types in a manner consistent with the City's land use plan shall be developed. (Policy Plan, pg. 44) ■ The City shall provide housing opportunities to attract persons of all ages and income levels and which allows them the ability to maintain residence within Otsego throughout the various stages of their lives. 2. The proposed use's compatibility with present and future land uses of the area. Comment. The proposed use is not anticipated to create any land use compatibility issues. To the north of 8e Street are two registered animal feedlots. Under Section E F 20-27-9 of the Zoning Ordinance, no new dwelling may be constructed within 1,000 feet of any animal building on a registered feedlot to address compatibility concerns. The preliminary plat shows these setbacks, which impact Blocks 11, 12, 14,15, 16, and 21. The lots within the setback area will be required to be final platted as outlots. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment. The preliminary plat will be required to conform with all applicable performance standards outlined in the Zoning Ordinance. Subdivision Ordinance, and Engineering Manual. Consistency with these performance standards will be evaluated in subsequent paragraphs. 4. The proposed use's effect upon the area in which it is proposed. Comment: The proposed development will not have an negative impact to the area in that the use is anticipated by the Comprehensive Plan and will be developed within all performance standards. 5. The proposed use's impact upon property values of the area in which it is proposed. Comment: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The preliminary plat is to be adequately served by existing or planned public streets serving the property. 7. 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. Comment: The Comprehensive Plan anticipates the development of the proposed use. The development of this parcel is necessary to extend trunk sewer and water beyond the west waste water treatment plant for development of other properties. The planning report dated 27 February 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. Engineering Review No. 2 dated 3 March 2003 prepared by the City Engineer, Hakanson Anderson Associates, Inc. is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 3 March 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for a Zoning Map amendment rezoning the property from an A-1 District to a R-4 District and R-6 District designation is hereby approved based on the most current plan and information received to date. 2 PASSED by the Otsego City Council this 10th day of March, 2003. CITY OF OTSEGO Larry Fournier, Mayor Attest: Judy Hudson, Zoning Administrator/City Clerk ORDINANCE NO.: 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 FOR LAND INCLUDED AS PART OF THE PLAT OF ARBOR CREEK. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally described by ExhibitA (the "property"). Section 2. The portion of the property legally described by Exhibit E is hereby rezoned from an A-1, Agriculture Rural Service Area District designation to a R-4, Residential Urban Single Family District designation. Section 3. The portion of the property legally described by Exhibit C is hereby rezoned from an A-1, Agriculture Rural Service Area District designation to a R-6, Residential Townhouse, Quadraminium, and Low Density Multiple Family District designation. Section 4. The Zoning Administrator is hereby directed to make appropriate changes to the official Zoning Map of the City of Otsego to reflect the change in zoning classification set forth above. Section 5. This Ordinance shall become effective immediately upon its passage and publication and the filling of the final plat of Arbor Creek. PASSED by the Otsego City Council this 10th day of March, 2003. CITY OF OTSEGO M. Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk CITY OF 03-04-03 0 T S E G 0 FINDINGS & DECISION WRIGHT COUNTY, N11N- TESOTA PRELIMINARY PLAT APPLICANT: Emmerich Development Corporation APPLICATION: Request for preliminary plat approval of a 496 lot single family subdivision entitled Arbor Creek. CITY COUNCIL MEETING: 10 March 2003 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The property lies within the West Sanitary Sewer Service District and is guided for low density residential land uses by the Otsego Comprehensive Plan, as amended. C. The zoning designations of the property are divided between a R-4, Residential Urban Single Family District and a R-6 Residential Townhouse, Quadraminium, and Low Density Multiple Family District designation; The R-4 District allows single family lots with a minimum lot size of 12,000 square feet and minimum width of 75 feet as a permitted use; The R-6 District allows single family lots with a minimum lot size of 9,000 square feet and minimum width of 60 feet as a permitted use. D. Lands within three hundred feet (300) feet of Otsego Creek, which crossed the property, are within the Shoreland Overlay District of a Tributary River. E. The planning report dated 27 February 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. Engineering Review No. 2 dated 3 March 2003 prepared by the City Engineer, Hakanson Anderson Associates, Inc. is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 3 March 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for approval of the Arbor Creek Preliminary Plat is hereby approved based on the most current plan and information received to date, subject to the following conditions: 1 Approval of the preliminary plat shall not guarantee access to sanitary sewer service. The City shall only allocate sanitary sewer capacity to approved final plats with signed development contracts to assure the City of timely development. 2. The submitted EARN is processed in accordance with the provisions of Section 38 of the Zoning Ordinance and approval of the preliminary plat is subject to a finding by the City Council that the project has no potential for significant environmental effects. 3. No new dwelling shall be constructed within 1,000 feet of any animal building on either of the registered feedlots north of 801h Street pursuant to Section 20-27-9 of the Zoning Ordinance. 4. The preliminary plat is revised to extend 791h Street west of Lander Avenue through Block 21. 5. A connection of 781h Street to 77th Street across Block 7 may be required at the time of final platting for the area north of Otsego Creek and east of MacIver Avenue if a public street connection to 80th Street is not available. 6. Lots within Block 7 and 25 shall be revised to be 75 feet wide at the front setback line and at the OHMW unless the preliminary plat is approved with a PUD -CUP flexibility subject to submission of a shoreland density evaluation. 7. The preliminary plat is revised such that Lots 13 and 14 of Block 23 meet the 75 foot minimum within the Shoreland Overlay District and Lots 10-14 of Block 7 and Lots 6-10 of Block 10 are revised to be a minimum 94 feet wide per Section 21-7-6.A3 of the Subdivision Ordinance. 8. The preliminary plat must be revised as Lot 49 of Block 7 and Lot 8 of Block 15 have no feasible building envelope within required setbacks. Lots with a building envelope less than 30 feet wide shall be reviewed. 9. The eyebrow street corner at Lots 7-10 of Block 30 must be eliminated. The street intersecting Lannon Avenue just south of Otsego Creek must be revised to occur at more of a 90 degree intersection. 10. A landscape plan must be submitted for the areas abutting the MacIver Avenue or 80th Street rights-of-way based on the design standards outlined in Section 20-16-7.D of the Zoning Ordinance at the time of final plat. 11. The preliminary plat must be revised to eliminate Lots 1-3 of Block 25 to increase the frontage of Outlot C to 77th Street and the access corridor to Lander Avenue must be increased to 30 feet wide its full length_ Dedication of less than 10 percent of the gross area of the subject site shall require a pro -rated cash fee in lieu of land based on the per unit charge in effect at the time of final plat approval. The proposed park land dedication is subject to the comments of City Staff, the recommendations of the Parks and Recreation Commission, Planning Commission and approval of the City Council. 2 12. Lot 31 of Block 7 is to be dedicated to the City for trunk sanitary sewer facilities. The applicant will be required to provide the necessary easements for the City to construct the trunk sewer line and lift station necessary to serve other properties within the sanitary sewer service district with the first final plat. 13. All grading, utilities, easements, streets and rights-of-way shall be subject to review and approval of the City Engineer. PASSED by the Otsego City Council this 10th day of March, 2003. CITY OF OTSEGO Larry Fournier, Mayor Attest: Judy Hudson, Zoning Administrator/City Clerk ITEM 6.2 �j NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 4 March 2003 RE: Otsego — Crag Enterprises, LLC; Site and Building Plans NAC FILE: 176.02 — 03.07 Please be advised that the Planning Commission considered the site and building plans for a mini -storage use to be constructed on Lot 4, Block 1 of the Otsego Business Park at their meeting on 3 March 2003. Site and building plans do not require notice of a public hearing and no one from the public spoke concerning the request. Mr. Jeff Smith was present representing the developer. In addition to the submitted plans, the developer requested allowance of a freestanding sign that would exceed the area limits of the current Zoning Ordinance. Staff explained that there is no provision made within the Zoning Ordinance to increase the allowed size of a freestanding sign and that no variance from the size limits could be justified based on hardship criteria. The developer was agreeable to all other conditions recommended by City Staff, The Planning Commission discussion was limited to operational aspects of the proposed use and the conditions recommended by City Staff. After this discussion, the Planning Commission voted 7-0 to recommend approval of the site and building plans as outlined below. Findings consistent with the Planning Commission's recommendation are attached for consideration at the City Council meeting on 10 March 2003 at 6:30 PM A. Motion to approve the request for mini -storage, subject to the following conditions: 1. The site plan is revised to allow reasonable tuming radiuses around the north and south ends of the buildings. Vehicle circulation is further subject to review and approval of the Elk River Fire Chief. 2. The site plan is revised to provide five stripped parking stalls and expansion area for additional stalls. Concrete curbing shall be provided around the entire perimeter of the paved area. 3. The site plan is to show the location for snow storage of adequate space for the site. 4. The landscape plan is to be revised to specify maple variety trees, show additional landscaping along front yard portion of the west property line and provide a means of irrigation. Additional landscaping may be required at such time as 85th Street or Quaday Avenue are constructed adjacent to the property. 5. All site lighting shall be a shoebox design with 90 degree cut-off, subject to review and approval of the City Staff. 6. Proposed fencing shall be located within the subject property and shall not exceed (8) feet in height. Fencing along 85th Street and the front yard portion of the west property line shall be rod -iron construction. The gate entrance shall be setback a minimum of 25 feet from the right-of-way line. 7. A signage plan, meeting all requirements as described in Section 37 of the Zoning Ordinance, is submitted and reviewed by City Staff. 8. The City shall reserve the right to require that trash dumpsters and enclosures be provided if trash or rubbish becomes a nuisance issue in the future. 9. Comments of other City Staff. B: Motion to deny the request based on a finding that the request is consistent with the goals of the Comprehensive Plan and Zoning Ordinance requirements. C: Motion to table the request subject to further review. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Jeff Smith 2 CITY OF 0TSEGO WRIGHT COUNTY, MINNESOTA APPLICANT: Crag Enterprises, LLC 03-04-03 FINDINGS & DECISION SITE AND BUILDING PLAN REVIEW APPLICATION: Request for site and building plan review for a mini -storage facility on Lot 4, Block 1 of the Otsego Business Park. CITY COUNCIL MEETING: 10 March 2003 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is Lot 4, Block 1 of Otsego Business Park. B. The property lies within the Sanitary Sewer Service District and is guided for industrial land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned B -W, Business Warehousing District; Mini -storage uses are considered warehouse uses, which are a permitted use within this District. D. The planning report dated 26 February 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. E. The engineering review dated 3 March 2003 prepared by the City Engineer, Hakanson Anderson Associates Inc., is incorporated herein. F. The Otsego Planning Commission reviewed the site and building plans at their regular meeting on 3 March 2003 to consider the application. Upon review of the application and evidence received, the Otsego Planning Commission recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for site and building plan approval for a mini -storage use on Lot 4, Block 1 of the Otsego Business Park is hereby approved based on the most current plan and information received to date, subject to the following conditions: 1. The site plan is revised to allow reasonable turning radiuses around the north and south ends of the buildings. Vehicle circulation is further subject to review and approval of the Elk River Fire Chief. 2. The site plan is revised to provide five stripped parking stalls and expansion area for additional stalls. Concrete curbing shall be provided around the entire perimeter of the paved area. 3. The site plan is to show the location for snow storage of adequate space for the site. 1 4. The landscape plan is to be revised to specify maple variety trees, show additional landscaping along front yard portion of the west property line and provide a means of irrigation. Additional landscaping may be required at such time as 85" Street or Quaday Avenue are constructed adjacent to the property. 5. All site lighting shall be a shoebox design with 90 degree cut-off, subject to review and approval of the City Staff. 6. Proposed fencing shall be located within the subject property and shall not exceed (8) feet in height. Fencing along 85'h Street and the front yard portion of the west property line shall be rod -iron construction. The gate entrance shall be setback a minimum of 25 feet from the right-of-way line. 7. A signage plan, meeting all requirements as described in Section 37 of the Zoning Ordinance, is submitted and reviewed by City Staff. 8. The City shall reserve the right to require that trash dumpsters and enclosures be provided if trash or rubbish becomes a nuisance issue in the future. PASSED by the Otsego City Council this 10th day of March, 2003. Attest: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk 2 ITEM 6.3 NORTHWEST ASSOCIATED CONSULTANTS, INC. �..� 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 4 March 2003 RE: Otsego — Park and Trail Dedication Fees NAC FILE: 176.08 — 03.04 Please be advised that the Planning Commission held a public hearing at their meeting 3 March 2003 to consider an amendment to the Subdivision Ordinance for change to the park dedication requirements. Based on the memorandum from this office dated 26 February 2003, the Planning Commission reviewed the factors on which the City's park and trail dedication requirements are based. The conclusion of the Planning Commission is that the residential fee should be increased from the present combined fee of $1,075 per dwelling to $2,100 per dwelling unit to account for land acquisition and development of the parks and trails system. The Planning Commission also recommended establishing a basic gross acre fee for commercial and industrial development of $3,500 per acre and $2,600 per acre respectively. The recommended amendment also includes a graduated scale for residential land dedication based on density and combining the park and trail elements into one single dedication. The only comment during the public hearing was a question as to whether five acre neighborhood parks are adequate for the City's purposes in terms of being able to accommodate facilities such as a softball field. The proposed design for Lilly Pond Park, which is five acres in size, includes a softballl diamond as well as open fields suggesting that more than enough space is available even in a five acre park. After closing the public hearing, the Planning Commission voted 7-0 to recommend approval of the proposed amendment. The City Attorney has made some additional comments on the draft Ordinance that have been incorporated since the Planning Commission meeting. pc. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner ORDINANCE NO.: CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN PARK DEDICATION REQUIREMENTS FOR NEW SUBDIVISIONS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 21-7-18 of the Otsego Subdivision Ordinance is hereby amended to read as follows - 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 roughly related to the anticipated effect of the plat on the park and trail system. The amounts listed in this section are the City's best estimate of the dedication or cash contribution needed to offset the effect on those systems. The requirement may also be met with a combination of land and cash if approved by the City Council. B. The land dedicated for parks and trails shall be in addition to property dedicated for streets alleys easements or other publicways 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 Advisees 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 of all areas to be dedicated in this manner. Such contribution requirement recommendation(s) will be sent to the Planning Commission for review and comment and subsequently to the City Council for their approval. D. When a proposed park, playground, recreational area, or other public ground has been indicated in the City's official map or Comprehensive Plan and is located in whole or in part within a proposed plat, it shall be dedicated to the appropriate governmental unit. If the applicant elects not to dedicate an area in excess of the land required hereunder for a proposed public site that the City feels is in the public interest to acquire, the City may consider acquiring the excess land through purchase or condemnation. E. Land area conveyed or dedicated to the City shall not be used in calculating density requirements of the City Zoning Ordinance and shall be in addition to and not in lieu of open space requirements for planned unit developments. F. Where private open space for park and recreation purposes is provided in a proposed subdivision, such 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 consideration of the particular type of development, may require that a lesser parcel of land should be dedicated due to particular features of the development. In such cases, a cash contribution shall be required above the land dedication to insure that compensation is received for the full amount of the impact on the City's park and trail system. H. Land dedication. 1. In all new residential subdivisions where land dedication is to be required, ten (10) percent of the gross area subdivided, or a different pe_FGentage as the City GeunGil shall determine to be reasonably neGessary as a result of the subdivision approval, shall established by City Geuncil reselution. The ed -der -Gent ©f the gross area subdivided shall be in addition to property dediGated fnr streets alleys,easements nr q{hp _ Us may To� the Gity GaunGii as suitable and neGessary fGr the health, , cenvenienGe and general welfare of the plus an additional three (3) percent of the gross area subdivided for each three dwelling units per acre of density or portion thereof greater than three (3) dwelling units per acre shall be _dedicated for public parks, trails, or open space consistent with the following table: Density: Units Per Acre Land Dedication Percentage 0.00>2.99 du/ac. 10% 3.00>5.99 du/ac. 13% 6.00>9.99 du/ac. 17% Fa 10.00 du/ac. and over 20% 2. In all commercial or industrial subdivisions where land dedication is required. five (5) percent of the gross area of the land being subdivided shall be dedicated for public parks trails or open space. When a subdivision is proposed, the Developer shall make a dedication of land for public park use, or shall pay the City may require a fee in lieu of such land dedication as follows, which are the City's best estimate_ of the effect of the subdivision on the City's park system: Residential Development- $750.00 per dwelling unit GE)mniepG� year thereafter, $850.00 peF dwelling unit GeMmeRGing__G�� from the efferfive date of this ameRdment and for a periGd Oyear thereafter, and f one •• per dwelliRg years .. the effeGtive date of this amendment 00 00 per dwelling 2. Commercial and indust Development: 10% of the_--g��_ being sub -: er 10%the fair market undeveloped land. FGr-��eS Gf this seGtion, fair market value shall be determined by FefeFeRGe to appFaisals, acGepted-pq;wr.%gMO,= --comparable - •-'Pertinent•- .. ReGFeation Commission. -- ea,•_ thosewith enly of plat appr . $3,500.00 per gross acre. 3. Industrial Development: $2,600.00 per gross acre J. All land proposed for trail and/or bikeway dedication shall be subject to the recommendations of the Parks and Recreation Advisory BoaFd Commission and the approval of the City Council. Such lands must also correspond and conform with the City's bikeway Comprehensive Parks and Trails plan. IF • • - - LK. The City may elect at its sole discretion to receive land, a cash fee in lieu of land, or a combination of cash, land, and development of the land for park use. The potential cash donation generated by the dedicated land and/or the value of the development of land shall be calculated. That amount shall be subtracted from the cash contribution required by the Subsection I above. AAL. Planned unit developments with mixed land uses shall make cash and/or land contributions in accordance with this Section based upon the percentage of land devoted to the various uses. NM. Park cash contributions are to be calculated and established at the time of final plat approval. The Council may require the payment at the time of final plat approval or at a later time under terms agreed upon in the development agreement. Delayed payment may include interest at a rate set by the City. ON. Cash contributions for parks and trails shall be deposited in either the City's Park Fund or multi-purpose 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. PO. Wetlands, ponding areas, and drainageways accepted by the City may not be considered in the park land and/or cash contribution to the City. QP. Property being replatted with the same number of lots and same number of dwelling units shall be exempt from all park land dedication requirements. If the number of lots or the number of dwelling units is increased, or if land outside the previously recorded plat is added, then the park land dedication and/or park cash contributions shall be based on the additional lots and on the additional land being added to the plat. If the additional land does not create additional lots, then each one-third (1/3) acre added shall be considered a new lot for purposes of calculating the dedication requirements. RQ. When land is dedicated and deeded to the City for park purposes, it shall be the responsibility of the City to maintain such dedicated property. -SR. Land dedication to the City shall be in the form of lots or outlots with approved lot and block numbers. TS. If the applicant or developer does not believe that the estimates contained in this section fairly and accurately represent the effect of the subdivision on the park or trail system of the City, the applicant or developer may request that the City prepare in depth study of the effect of the subdivision on the park and trail system and an estimate of that effect in money and/or land. All costs of such study shall be borne by the developer or applicant. If the developer or applicant requests the preparation of such a study, the request must be made at the time the development application is submitted. No application for development that is submitted shall be 4 ORDINANCE NO.: CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN PARK DEDICATION REQUIREMENTS FOR NEW SUBDIVISIONS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 21-7-18 of the Otsego Subdivision Ordinance is hereby amended to read as follows. 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 Cit_v, 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 roughly related to the anticipated effect of the plat on the park and trail system. The amounts listed in this section are the City's best estimate of the dedication or cash contribution needed to offset the effect on those systems. The requirement may also be met with a combination of land and cash if approved by the City Council. B. The land dedicated for parks and trails shall be in addition to property dedicated for streets, alleys, easements, or other publicways. 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 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 of all areas to be dedicated in this manner. Such contribution requirement recommendation(s) will be sent to the Planning Commission for review and comment and subsequently to the City Council for their approval. D. When a proposed park, playground, recreational area, or other public ground has been indicated in the City's official map or Comprehensive Plan and is located in whole or in part within a proposed plat, it shall be dedicated to the appropriate governmental unit. If the applicant elects not to dedicate an area in excess of the land required hereunder for a proposed public site that the City feels is in the public interest to acquire. the City may consider acquiring the excess land through purchase or condemnation. E. Land area conveyed or dedicated to the City shall not be used in calculating density requirements of the City Zoning Ordinance and shall be in addition to and not in lieu of open space requirements for planned unit developments. F. Where private open space for park and recreation purposes is provided in a proposed subdivision, such areas upo esu 't gaess the inst the requirement of dedication park and recreat on p City Council finds it is in the public interest to do so. G. The City, upon consideration of the particular type of development, may require that a lesser parcel of land should be dedicated due to particular In such cases, a cash contribution shall be features of the development. required above the land dedication to insure that compensation is received far the full amount of the impact on the City's park and trail system. H. Land dedication, . In all new residential subdivisions where land dedication is to be required, ten (10) percent of the gross area subdivided, plus an additional percentage of the gross area subodivided for of eq al t three or dwelling units per acre of density or portion o greater than three (3) dwelling units per acre shall be dedicated for public parks, trails, or open space consistent with the following table Density: Units Per Acre I Land Dedication Percentage 0.00>2.99du/ac. 10% 3.00>5.99 du/ac. 13% 6.00>9.99 du/ac. 170% 10.00 dulac. and over 20% 2. In all commercial or industrial subdivisions where land dedication is required, five (5) percent of the gross area of ., land being subdivided shall be dedicated for public parks, trails, or open space. When a subdivision is proposed, the Developer shall make a dedication of land for public park use, or the City may require a fee in lieu of such land 2 dedication as follows, which are the City's best estimate of the effect of the subdivision on the City's park system - 1 . ystem:1. Residential Development: $2,100.00 per dwelling unit. 2. Commercial Development: $3,500.00 per gross acre. 3. Industrial Development: $2,600.00 per gross acre. J. All land proposed for trail dedication shall be subject to the recommendations of the Parks and Recreation Commission and the approval of the City Council. Such lands must als,.) correspond and conform with the City's Comprehensive Parks and Trails plan. K. The City may elect at its sole discretion to receive land, a cash fee in lieu of land, or a combination of cash, land, and development of the land for park use. The potential cash donation generated by the dedicated land and/or the value of the development of land shall be calculated. That amount shall be subtracted from the cash contribution required by the Subsection I above. L. Planned unit developments with mixed land uses shall make cash and/or land contributions in accordance with this Section based upon the percentage of land devoted to the various uses. M. Park cash contributions are to be calculated and established at the time of final plat approval. The Council may require the payment at the time of final plat approval or at a later time under terms agreed upon in the development agreement. Delayed payment may include interest at a rate set by the City. N. Cash contributions for parks and trails shall be deposited in either the City's Park Fund or multi-purpose 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. O. Wetlands, ponding areas, and drainageways accepted by the City may not be considered in the park land and/or cash contribution to the City. P. Property being replatted with the same number of lots and same number of dwelling units shall be exempt from all park land dedication requirements. If the number of lots or the number of dwelling units is increased, or if land outside the previously recorded plat is added, then the park land dedication and/or park cash contributions shall be based on the additional lots and on the additional land being added to the plat. If the additional land does not create additional lots, then each one-third (1/3) acre added shall be considered a new lot for purposes of calculating the dedication requirements. Q. When land is dedicated and deeded to the City for park purposes, it shall be the responsibility of the City to maintain such dedicated property. R. Land dedication to the City shall be in the form of lots or outlots with approved lot and block numbers. S. If the applicant or developer does not believe that the estimates contained in this section fairly and accurately represent the effect of the subdivision on the park or trail system of the City, the applicant or developer may request that the City prepare in depth study of the effect of the subdivision on the park and trail system and an estimate of that effect in money and/or land. All costs of such study shall be borne by the developer or applicant. If the developer or applicant requests the preparation of such a study, the request must be made at the time the development application is submitted. No application for development that is submitted shall be deemed complete until the requested study has been completed and a determination is made as to the appropriate amount of land or money necessary to offset the effects of the subdivision. Section 2. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 10th day of March, 2003. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk ITEM 6.4 NORTHWEST ASSOCIATED CONSULTANTS, INC. !. ;. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 5 March 2003 RE: Otsego — Wild and Scenic Management Plan Update NAC FILE: 176.08 - 03.04 BACKGROUND In 1998, the Department of Natural Resources (DNR) initiated an update of the Wild, Scenic, and Recreational River Management Plan for the Mississippi River corridor extending from St. Cloud to Anoka. The Management Plan, originally adopted in 1976, forms the basis for regulations adopted as State Rules for land management adjacent to the Mississippi River within this corridor. The Wild and Scenic Overlay District incorporated as part of the Otsego Zoning Ordinance is based upon these State Rules and the Management Plan. The DNR approached the Management Update project on two tracks. The first was a committee comprised of City, County or State Agency staff to work on the process for the project and specific technical issues. The second element of the project was a series of public open houses where ideas for the goals of the management plan and concepts for revised land use districts were reviewed and discussed. Our office represented the City at the technical committee and Mayor Fournier and our office attended the open houses. The original project time line called for the draft plan to be completed by late 2000. After the draft plan was approved by DNR, it required a rule-making process to amend the formal regulations implementing the plan. This process was expected to be complete by mid -2001. DNR has now just finalized the draft plan and is seeking comments from local governments, State agencies, and the public. Following this comment period, DNR will finalize the draft plan and move into the rule making process. They hope to fast-track this process as non-r-ontroversial with an expected completion date by mid 2004. ANALYSIS City Position. In anticipation of participating in the Management Plan update process, the City Council approved a position paper outlining its goals for the revised Management Plan in June of 1998. These positions were based on the Wild, Scenic, and Recreational River District Boundary Analysis and Alternatives report prepared in 1991 (a synopsis of which is attached as Exhibit A) when the City was negotiating with DNR on incorporating the requirements of the W/S District as part of the new Zoning Ordinance. These positions are as follows: Natural Boundary Delineation. The boundaries of the management plan should relate to the Mississippi by following topographic or natural limits opposed to the current boundaries based on administrative property lines. The natural boundaries of a revised management district may include the defined shoreline of the river, the bluffline of the river corridor or existing viewsheds. Limiting the management plan only to areas that have a direct impact to the wild and scenic character of the River will strengthen the effectiveness of the management plan to achieve its intended goals. • District Boundary Uniformity. The existing variability of the Wild and Scenic District boundary causes inequitable regulation and development of land within the district. A uniform setback at a distance parallel with the river shoreline would allow land uses to develop consistently while maintaining a focus to protecting the river corridor. • Recognize Existing Conditions. The revised management plan should recognize existing conditions not only along the Mississippi River between St. Cloud and Anoka, but smaller segments within local communities as well. The need for "wild and scenic" river management is highly questionable along segments of the river where urban development is evident or where the boundaries of the district extend beyond man-made elements such as roadways or noise barriers. The management plan should address these segments of the river much like a shoreland district. The intent should not be to preclude further development, but to minimize its impacts through specific performance standards. Within Otsego, new and continued development, including commercial uses, should be allowed in existing urbanized areas such as the County Road 391 Highway 101 area. Other areas where an urban river segment classification would be appropriate would be St. Cloud, Clearwater, Monticello, Elk River, Dayton and Anoka. Conversely, those segments of the river that are to some degree still wild and scenic are appropriate for more intensive management to preserve that character. More stringent limits on development density, building massing, vegetative cutting, etc., may be appropriate. The City is more agreeable to this type of regulation for areas west of Nashua Avenue where densities of 4 per 40 FA or 10 per 40 by rural cluster development are planned for in the Comprehensive Plan Update. • Administration. Administration of the wild and scenic management plan should be a cooperative process between the DNR and local governments. There must be allowances in implementation of the management plan for flexibility to address unique local conditions that were not anticipated by the broad scope of the management plan. There must be flexibility from strict adherence to the management plan to resolve local issues, while maintaining the intent of the plan. Again, this flexibility may be addressed in a manner similar to a shoreland ordinance with some allowances permitted conditionally, allowing flexibility as part of a planned development or by providing a variance procedure and criteria. These mechanisms could be administered at the local level with DNR review and approval incorporated as part of the process. Draft Management Plan. The DNR has provided the City with copies of the draft Management Plan for review and comment. The changes to the Management Plan relative to Otsego affect four main areas: Administration. Administration of the regulations will become a much greater responsibility of the City under the proposed Management Plan and Rules. Upon adoption of the Management Plan update and State Rules implementing the plan, the City would be required to update its Zoning Ordinance within six months to conform to the new requirements. Adoption of the revised Ordinance is subject to approval of the DNR. However, the proposed Rule changes outlined as an appendix to the Management Plan would eliminate DNR oversight of development applications. Under these rules, DNR would no longer be able to disallow the height flexibility granted the Waterfront Hotel or the commercial use allowed the Nathe Garden center. Their authority to review and comment on a proposed development would be limited to the public hearing process and any recourse available through the courts, which is the same as for the general public. • Boundaries. The existing boundary of the WSRR corridor (Exhibit B-1) is based on section lines, property lines and some roadways. By State law, the corridor is limited to not more than 320 acre per river mile. The DNR evaluated several options regarding the boundary including those suggested by Otsego.- 11 tsego: 3 BOUNDARY PROS CONS Existing W&S Boundary * generally accepted after 24 * landowner inequity (14907 acres) years * distance of boundary from * local comprehensive plans river highly variable scenic features: 57% in sync with boundary * not ecologically sensible environmental features: 48% cultural features: 61% Bluffline-based w/ 500ft * easy to visualize limits * difficult to delineate 13% buffer where bluffline is present slope; need experts to define (15107 acres) * ecologically sensible * minimal protection where * best distinction between bluffline is close to river scenic features: 64% land types * bluffline discontinuous; environmental features:49% gaps between 13% slope are cultural features: 64% * Covers highest % of scenic hard to define; complicated features boundary * difficult enforcement Equidistant 1240 -foot buffer * equity among adjacent * difficult to "visualize" (16947 acres) landowners boundary * emphasizes protection of * defining on landscape scenic features: 62% riparian land (buffer strip requires precision tools environmental features:53% concept) * cuts through land types, cultural features:72% environmental features, *Covers highest % of buildings environmental and cultural * difficult enforcement features Modified Boundary * addresses concerns of local * landowner equity still highly ( 15396 acres) govts. variable * increases acreage of * distances of boundary from scenic features: 60% sensitive areas river still variable; unequal environmental features -.49% * most likely to gain mass protection cultural features:63% support; less radical changes * not truly ecologically -based for property owners The outcome of this analysis is that the DNR is proposing to modify the existing boundary (Exhibit B-2) based on specific location issues. This approach is viewed as somewhat of a missed opportunity in that the present boundary lines leave some areas of Otsego that do impact the Mississippi River outside of the Management Plan. However, the draft plan does propose four changes significant to Otsego's desired outcome: 1. The boundary will be shifted to follow CSAH 39 near the intersection with Nashua Avenue removing lands south of CSAH 39 from the Management Plan corridor. (Exhibit B-3) 2. The area northwest of the CSAH 39 and TH 101 guided for commercial land uses by the Comprehensive Plan (including the Waterfront In development) would be removed from the Management Plan corridor based on these lands distance from the Mississippi River and existing impacts of TH 101. (Exhibit B-3) 3. Lands on the west side of TH 101 between CSAH 39 and CSAH 42 would be removed from the Management Plan corridor because they are separated from the Mississippi River by TH 101 and there is an existing sound wall preventing any visibility of the River. (Exhibit B-4) 4. Lands south of CSAH 42 east of TH 101 would be removed from the Management Plan corridor as CSAH 42 is a physical barrier separating these parcels from impacting the Mississippi River. (Exhibit B-4) • Land Use Districts. The draft Management Plan establishes five land use districts where different degrees of development intensity may be allowed. This is an increase from the two land use districts provided for by current rules. Otsego is unique in that the City's existing W/S Overlay District has three subdistricts, which were negotiated with the DNR when the Ordinance was adopted. A description of the three land use districts to be applied to Otsego follows and corresponds with the map attached as Exhibit C. 1. Rivertown. This district is largely developed, often with city services (i.e. sewer and water, curb/gutter, etc.) within existing municipal boundaries. Development may include a mixture of land uses, including residential, commercial, institutional, parks and open space. Residential neighborhoods may be compact and urban in character. This district often encompasses the oldest and most historic sections of a community. These communities have a long history and strong relationships to the river. Population is concentrated in the heart of the community, generally fanning out and away from the river. The plan proposes establishing the Rivertown district in portions of southeast St. Cloud, in Clearwater, Monticello, and in parts of Otsego and Elk River. COMMENT. For Otsego, the Rivertown District includes the lands within the Management Plan corridor from Otsego County Park east along the Mississippi River to 70th Street. These lands are currently divided between Subdistricts B and C under the City's existing regulations. The most significant change would be the allowance of commercial use as well as urban density residential uses. The Rivertown District would be consistent with the land uses guided by Otsego's Comprehensive Plan for these areas. 2. Rivertown Expansion. This district is adjacent to existing urban areas and is either currently developing or slated for development in the near future. City services are expected to be extended within these areas over 5 time and in an orderly fashion. Residential land use, parks and open space are the most likely land uses to occupy these areas in the future. Current land use includes residential, parks, open space, limited commercial, and extractive uses (i.e. gravel pits). The plan proposes establishing the Rivertown Expansion district within the urban expansion area on the southeast edge of St. Cloud, in the urban expansion area on the southeast edge of Monticello, and on the western and eastern edges of both Otsego and Elk River. COMMENT: The River Residential area proposed in Otsego is limited to the areas west of Otsego County Park to the Naber Avenue corridor. These properties are currently within Subdistrict C of the City's existing W/S District, which allows for residential uses on 2.5 acre lots. The Otsego Comprehensive Plan currently guides the more developed portions of the property as long range urban service area and the westerly undeveloped areas for rural residential preserve. The proposed River Residential District would be consistent with the City's Comprehensive Plan. 3. Rural Residential. Decidedly rural in character, single-family residential land uses dominate a narrow band along the river's bluffline, sometimes only one lot deep. Numerous subdivisions exist in these areas where lot sizes range from 2-20 acres. Some developments contain numerous homes. No city services are provided, with most homes on individual wells and on-site waste treatment systems, although some may be on shared systems. It is highly unlikely that city services would ever be available to much of this area because development density is low and will remain so. Many lots have river frontage. The area is high in scenic quality, with most of the homes built in wooded settings. Away from the river and behind the residential subdivisions, agricultural land use is dominant. The plan proposes establishing the Rural Residential district in Sherburne County between St. Cloud and the Xcel Energy property at Becker, in Sherburne County between Xcel Energy property at Becker and the west boundary of Elk River, in areas immediately upstream and downstream of Clearwater, between Monticello and the central portion of Otsego, and in the far southeastern corner of Otsego. COMMENT: The proposed Rural Residential District includes the area currently regulated as Subdistrict A by the City's existing Ordinance and guided for rural residential preserve. This area is largely natural or used for agriculture purposes except for Island View Estates. The proposed Rural Residential District is consistent with the direction of the City's Comprehensive Plan to encourage rural density clustered subdivisions in this area that take advantage of the river corridor as an amenity. I The proposed Rural Residential District also includes the area of the City south of 70th Street extending to Dayton along CSAH 42. This area is currently within Subdistrict C of the existing Ordinance. The City's Comprehensive Plan anticipates eventual urbanization of this area through expansion of the east sanitary sewer service district. As such, we would recommend that this area be designated as Rivertown Expansion District. • Development Standards. Corresponding to the proposed land use districts are proposed standards for implementing the management plan and regulating development. The table below outlines the existing and proposed management standards applicable to Otsego. It should be noted that the revised Management Plan retains provisions encouraging subdivisions such as Mississippi Pines. The proposed development standards will generally allow for development of the land uses guided by the Otsego Comprehensive Plan while maintaining river corridor protection, although there are a few issues: 1. The maximum impervious surface limit of 25% within the Rivertown District is inconsistent with urban development patterns. Allowances have been made as part of shoreland regulations to increase impervious surface limits to 75 percent or even 100 percent provided mitigating measures are taken. Similar flexibility should be incorporated as part of the Rivertown District through a "River Corridor Impact Plan" that could be required with development applications. 2. The proposed density of the Rivertown Expansion District limits the ability to provide future sanitary sewer (and water) utilities. In the case of 7 Existing Proposed District Subdist. B (Urban) Subdist. A/C (Rural) Rivertown Rivertown Expansion Rural Residential Land Use Local Single Family Local Single & TwoFamily Single Family Lot Size 40/10/15 2.5ac. Local Local 2ac. Lot Width 150ft./75ft. 200ft. Local Local 200ft. Density Local 1 unit Local 1 du./ac. 1du/ 2ac. Water Setback 1 ooft./75ft.3 100ft. 100ft./75ft. 100ft./75ft. 100ft. Tributary Setback 100ft./75ft. 100ft. 100ft./75ft. 100ft./75ft. 100ft. Structure Height 35ft. 35ft. Local 35ft. 35ft. Shoreland Impact Zone (% Natural) 0% 0% 0% 75% 75% Bluff Setback 30ft. 20ft. 30ft. 30ft. 50ft. Max. Impervious 0& 25% 25% 25% 25% NOTES: 1. 40,000sf if unsewered, 20,000sf. if sewer and riparian, 15,000sf. if sewer and non -riparian. 2. 150ft. is unsewered, 75ft. if sewer. 3. 100ft. is unsewered, 75ft. if sewer. The proposed development standards will generally allow for development of the land uses guided by the Otsego Comprehensive Plan while maintaining river corridor protection, although there are a few issues: 1. The maximum impervious surface limit of 25% within the Rivertown District is inconsistent with urban development patterns. Allowances have been made as part of shoreland regulations to increase impervious surface limits to 75 percent or even 100 percent provided mitigating measures are taken. Similar flexibility should be incorporated as part of the Rivertown District through a "River Corridor Impact Plan" that could be required with development applications. 2. The proposed density of the Rivertown Expansion District limits the ability to provide future sanitary sewer (and water) utilities. In the case of 7 Otsego, the Rivertown Expansion District corresponds to areas designated as long range urban service area by the Comprehensive Plan. Because of the development of one acre long served by individual septic systems starting in the 1960s, the City anticipates the need to provide sanitary sewer service to these areas in the future. Allowing these one and two and one-half acre lots to be further subdivided will be critical to off -set the costs of the improvement. Connecting these existing developments to municipal utilities would seem to be consistent with the Management Plan's goal of protecting environmental integrity along the Mississippi River. CONCLUSION The proposed Wild, Scenic and Recreational River Management Plan update for the Mississippi River corridor realizes almost all of the City's objectives set out at the time the City originally adopted these regulations and at the outset of this current planning process. Only the extent of the adjustments to the existing boundaries is short of the City's goals. Yet the changes that are proposed meet the community's minimum expectations. Finally, some minor modifications should be requested to the proposed development standards to ensure full consistency with the City's Comprehensive Plan. Our recommendation is that the City Council approves forwarding these comments to the DNR staff prior to the 29 March 2003 comment deadline. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Robert Fields George Yankoupe NORTHWEST ASSOCIATED CONSULTANTS, INC. F7 , 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Elaine Beatty FROM: Daniel Licht / David Licht DATE: 24 June 1998 RE: Otsego - Wild and Scenic Management Plan Task Force FILE NO.: 176.08 - 98.02 Introduction The following paragraphs are a synopsis of the 1991 Wild, Scenic and Recreational River District Boundary Analysis and Alternatives report, prepared by our office for the City as part of an effort to review how the Wild and Scenic area was defined in the community. The report includes a outline of Otsego's issues with the implementation of the current management, not only in Otsego, but along the entire river corridor. The report also includes suggested alternatives for implementing the management plan that would again be applicable along the entire river corridor. Otsego's concerns with the present plan are not related to the intent of the management plan but how it has been implemented. Otsego's current Comprehensive Plan, draft Comprehensive Plan Update and development regulations all recognize the Mississippi River as a valuable community amenity that needs to be preserved and protected. Issues with Existing Regulations: Criteria for establishing boundaries. The boundaries of the Wild, Scenic and Recreational River System were established in Otsego based upon the recreational classification of the River segment and three criteria, • Land Area. Not more than 320 acres per linear mile of shoreland is allowed to be included within the WSRRS, which includes both sides of the River. Otsego averages approximately 143 acres of WSRRS per mile of shoreland and is therefore within the guidelines. • Established Property/Section Lines. The boundaries of the WSRRS in Ostego were determined using established property lines as a guide. This method of delineation therefore follows administrative lines that are not uniform, as opposed to a shoreland setback regulation that follows a consistent boundary. The variation in the WSRRS boundary is as much as 1,500 feet between its narrowest and widest points along the River. This delineation results in an unequitable regulation of properties along the River corridor. • Visibility from River. The visibility of the River from the shoreline was used not to establish the boundaries of the WSRRS, rather the visibility of existing man made features was used to determine the aesthetic qualities of the areas along the river. This method had a significant impact to the implementation of the WSRRS management plan by creating boundaries of varying distances based upon man-made features and not natural elements. Case Studies. The 1991 report highlights four case studies where the DNR was petitioned to amend the WSRRS boundary to accommodate a proposed development. The case studies highlight that the boundaries of the WSRRS were subject to interpretation on a case by case basis and interpretation based upon local factors. Included as a case study was an Ostego property that was removed from the WSRRS area to allow development of a commercial use. Alternative Boundary Delineation Methods The 1991 WSRR Analysis and Alternatives report offered three alternative methods to define the WSRRS boundaries that would address the concerns of the City of Otsego as well as provide for a consistent regulation beyond the segment of the River adjacent to Otsego. These alternative boundary methods are based upon three factors: 1. Mississippi River as a Focus. Establishing WSRRS boundaries based upon property or section lines does directly correlate to protecting the natural qualities of the river corridor. 2. Natural Boundary Delineation. The use of administrative defined boundaries to protect a naturally defined area is contradictory to the intent of the management plan. The management and protection of the river corridor can more effectively be accomplished if the district limits respond to the boundaries that have an actual effect to the river corridor. 3. Uniform Boundary Delineation. A uniform separation from the river corridor would eliminate conflicts with regards to the regulation and development of property adjacent to the River corridor. A setback requirement that paralleled the River's edge would establish consistent regulations for all property owners and encourage a more consistent development pattern focused toward the River. W Visibility/Topography Option. A WSRRS boundary that is based upon topography and views from the river would more appropriately respond to the natural corridor boundaries. This is particularly applicable to bluff areas that prevent encroachment of recreational activities from occurring beyond a point, control flood waters, screen views from the river beyond the bluffs. In that it is similar to a shoreland regulation, administration would not be anticipated to be difficult. 320 Acre / Uniform Setback Option. A uniform setback requirement from the River's edge that took into consideration the 1976 Management Plan requirement that not more than 320 acres of land on either side of the river would allow for more physically consistent development along the river corridor. This is of benefit to the City as it would allow for clustering of compatible land uses and congruent transportation patterns. The existing regulation causes conflicts with regard to property ownership divisions and spatial urban design, including boundaries beyond existing roadways. This regulation could be maintained, again, in a manner similar to a shoreland or floodplain regulation. Combination Option. A combination of the two options outlined above may also be considered that would address natural and man-made features (i.e., vegetation stands, bluff lines, roadways, etc.) in relation to topography, visibility, uniform setback and district acreage. This method offers the best alternative for addressing unique situations along individual segments of the river, such as the north east section of Otsego where MNDoT installed a noise wall as part of the Highway 101 upgrade project. Conclusion The interests relevant to implementing a WSRRS boundary have changed since the district was originally established in 1976. A means of implementing the Management Plan that is more focused to the intent of the Plan while not reducing the amount of protection to the natural characteristics of the River corridor is appropriate given development activity in Otsego and other communities along the Mississippi. The alternatives suggested above provide a more appropriate regulation process that is to the benefit of all concerned. 3 WILD & SCENIC RECREATIONAL RIVER DISTRICT SUBDISTRICT A - SUBDISTRICT DESIGNATIONS El SUBDISTRICT B NORTH w ® SUBDISTRICT C CITY OF OTSE" ON THE GREAT RIVER ROAD o ca 0 0 < 0 ON c (D c+) 0 LM x 0 C4 LLI LL 0 CL O w cz C: E ULx no 0 ......... ......... ............ . .: : ............ :.:..... ' CD . ............ .: li ..... ......... ...... ........ ... ........................... ............................. . . .. ........... I 3: ...* I .......... ;; .............. . . ............. . ... ............. Z' . . ........ C-. 2 ................... .... ....... o -.. . 03 ........ . . ....... .... ........... ca .................... . LL ... . . ..... CM . . . . . . . . ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 913 ... . . ..... ........... C= ...................... ............ :.. ............ .. : : : : : :: CO.................... ...... --: ........... CL ......... 0 .................... . .......... C3- ..... ...... ... ....... V*4 ............ ........... CL. to LL Q...... Uj . ........... .......... ............. ..... tu LL O 2 .::::...§... .......... I� (c ( Z72� $_ I + � | ) r Call - No \ cn r \{\ C �) CW 20 j/§f — ID\)/\ \/ k \ CL / o A ] §777;± \f/ a e©2at _� ■f»£(»a§ `= Iia=«a [ I ■ §f 7 a _ ®ME . ca _ — a. 7)E=JS / 2fk / | _ T ƒ2MEN / //q k } 2 .::::...§... .......... I� (c ( Z72� 22 /) 9 c�# a E a \{\ �) 20 j/§f — ©�0- \/ k \ CL / o A /) & Ele> "_�_@ & {} e©2at _� ■f»£(»a§ `= ee» ak & I DRAFT FOR CITY LETTERHEAD 11 March 2003 Mr. Steve Johnson Department of Natural Resources Waters - Box 32 500 Lafayette Road Saint Paul, MN 55155-4032 RE: Otsego — Mississippi Scenic Riverway Management Plan Dear Mr. Johnson: The City of Otsego is pleased to have received the draft Mississippi Scenic Riverway Management Plan dated January 2003 for review and comment. Otsego has been an active participant in the Management Plan update process having representation at each of the River Forum meetings and as part of the Data Technical Committee as well. At the outset of the planning process in 1998, the City Council approved a position paper outlining our objectives for the Management Plan update. These positions were based on the Wild. Scenic, and Recreational River District Boundary Analysis and Alternatives report prepared in 1991 when the City was negotiating with DNR on incorporating the requirements of the W/S District as part of the new Zoning Ordinance. The objectives outlined by the City Council at the start of the current planning process are as follows: • Natural Boundary Delineation. The boundaries of the management plan should relate to the Mississippi by following topographic or natural limits opposed to the current boundaries based on administrative property lines. The natural boundaries of a revised management district may include the defined shoreline of the river, the bluffline of the river corridor or existing viewsheds. Limiting the management plan only to areas that have a direct impact to the wild and scenic character of the River will strengthen the effectiveness of the management plan to achieve its intended goals. • District Boundary Uniformity. The existing variability of the Wild and Scenic District boundary causes inequitable regulation and development of land within the district. A uniform setback at a distance parallel with the river shoreline would allow land uses to develop consistently while maintaining a focus to protecting the river corridor. Mr. Steve Johnson 11 March 2003 Page 2 • Recognize Existing Conditions. The revised management plan should recognize existing conditions not only along the Mississippi River between St. Cloud and Anoka, but smaller segments within local communities as well. The need for "wild and scenic" river management is highly questionable along segments of the river where urban development is evident or where the boundaries of the district extend beyond man-made elements such as roadways or noise barriers. The management plan should address these segments of the river much like a shoreland district. The intent should not be to preclude further development, but to minimize its impacts through specific performance standards. Within Otsego, new and continued development, including commercial uses, should be allowed in existing urbanized areas such as the County Road 39 / Highway 101 area. Other areas where an urban river segment classification would be appropriate would be St. Cloud, Clearwater, Monticello, Elk River, Dayton and Anoka. Conversely, those segments of the river that are to some degree still wild and scenic are appropriate for more intensive management to preserve that character. More stringent limits on development density, building massing, vegetative cutting, etc., may be appropriate. The City is more agreeable to this type of regulation for areas west of Nashua Avenue where densities of 4 per 40 or 10 per 40 by rural cluster development are planned for in the Comprehensive Plan Update. • Administration. Administration of the wild and scenic management plan should be a cooperative process between the DNR and local governments. There must be allowances in implementation of the management plan for flexibility to address unique local conditions that were not anticipated by the broad scope of the management plan. There must be flexibility from strict adherence to the management plan to resolve local issues, while maintaining the intent of the plan. Again, this flexibility may be addressed in a manner similar to a shoreland ordinance with some allowances permitted conditionally, allowing flexibility as part of a planned development or by providing a variance procedure and criteria. These mechanisms could be administered at the local level with DNR review and approval incorporated as part of the process. The City Planner has completed a review of the draft Management Plan and presented their findings to the City Council for discussion on 10 March 2003. The result of the City Council's discussion of the draft Management Plan is that we are in agreement with the general framework for management of the Mississippi River corridor consistent with our own policies for the areas of our community adjacent to the River. Additionally, we have the following comments: Mr. Steve Johnson 11 March 2003 Page 3 1. The proposed boundary adjustments within Otsego meet the City's minimum expectations to correct areas currently within the River Corridor district that should not be due to existing development or separation from the Mississippi River by man made physical barriers. 2. The general format of the proposed landscape character districts is appropriate and consistent with the City's own land development concepts included in the Comprehensive Plan. One alteration that is requested is to change the designation of the area in southeastern Otsego from Rural Residential to Rivertown Expansion. The City of Otsego anticipates that this area of the community will develop with urban uses as an expansion area from the initial east sanitary sewer service district established along the Trunk Highway 101 corridor. The requested change from Rural Residential to Rivertown Expansion would make the Management Plan consistent with the local Comprehensive Plan. 3. The proposed development standards corresponding to the three landscape character districts applicable to Otsego are also generally appropriate and consistent with the City's Comprehensive Plan for these areas. We do make two requests: a. The maximum impervious surface limit of 25% within the Rivertown District is inconsistent with urban development patterns. Allowances have been made as part of shoreland regulations to increase impervious surface limits to 75 percent or even 100 percent provided mitigating measures are taken. Similar flexibility should be incorporated as part of the Rivertown District through a "River Corridor Impact Plan" that could be required with development applications. b. The proposed one dwelling unit per acre density of the Rivertown Expansion District limits the ability to provide future sanitary sewer (and water) utilities. In the case of Otsego, the Rivertown Expansion District corresponds to areas designated as long range urban service area by the Comprehensive Plan. Because of the development of one acre long served by individual septic systems starting in the 1960s, the City anticipates the need to provide sanitary sewer service to these areas in the future. Allowing these one and two and one-half acre lots to be further subdivided will be critical to off -set the costs of the improvement. Connecting these existing developments to municipal utilities would seem to be consistent with the Management Plan's goal of protecting environmental integrity along the Mississippi River. Mr. Steve Johnson 11 March 2003 Page 4 4. The City encourages provisions of the draft Management Plan supporting Planned Cluster Developments within the Mississippi River Corridor. The City has established a rural residential preserve area that generally corresponds to the Rural Residential landscape character district where specific development standards have been implemented to encourage this type of development. The City has approved one open space cluster subdivision that has 73 units on 245 acres with 125 acres of permanent openspace including the entire shoreline of the Mississippi River. We believe that these types of developments are among the best alternatives to utilize the Mississippi River as an amenity and protect its natural value. In conclusion, the Otsego City Council supports implementation of the draft Mississippi Scenic Riverway Management Plan subject to incorporation of the comments outlined herein. We further wish to extend our appreciation to the DNR for its consideration and responsiveness to the City's objectives and concerns for management of the Mississippi River corridor throughout this planning process and its outcome. Balancing utilization of the Mississippi River with environmental protection is one of the City's highest priorities. If you have any questions or require further information regarding our comments on the draft Management Plan, please do not hesitate to contact City Planner Daniel Licht at 952.595.9636. Sincerely, CITY OF OTSEGO Larry Fournier Mayor pc. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer Daniel Licht, City Planner LandCor, Inc. Real Estate Broker, Developer March 6, 2003 Otsego City Council 8899 N.E. Nashua Avenue Elk River, Minnesota 55330 Re: Civic Monument Sign Dear Council members, I have sent to you a package containing two proposed, along with estimates for each of them. the many other possible options we all looked at. versions of the civic monument sign we have These versions have been narrowed down from Also included in the materials I have sent you are three pages of the planner's report to the council dated March 28, 2002 in which you approved a development stage plan for Otsego's Waterfront West. I would like you to review the city planner's overview of the comprehensive plan's direction, recommendation, and condition that was set upon the PUD approval. This might help to clear up any question on whether this sign is justified. In conclusion, we are asking that you reconsider are initial request that the city help cover the cost of the civic monument sign 50/50. This would require approval of an additional $2,497 for this project. Thank you for your consideration on this matter. Yours truly, Steve Fischer Development Agent Landcor, Inc. EAReal Estate\OtsegoLand WesAcivicmonrequest.doc 9464 Hemlock Lane North • Maple Grove, MN 55369 • Phone: 763-315-0818 • Fax: 763-315-0817 F7, 107 F, CQH4Vk-tAH16 311 114c, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone:952.595.9636 Facsimiie: 952.595.9837 plan ners�a-nacplanning.corn PLANNING REPORT TO: Otsego Mayor and City Council Otsego Planning Commission FROM: Daniel Licht RE: Otsego - Waterfront PUD; West Development Stage Plan REPORT DATE: 28 March 2002 ACTION DEADLINE: 28 June 2002 NAC FILE: 176.02 - 02.04 CITY FILE: 2002-06 BACKGROUND LandCor Construction, Inc., on behalf of Cascade III Limited, has submitted an application for approval of a commercial development located at the northwest quadrant of CSAH 39 and TH 101. The project, entitled Waterfront West, includes nine separate development sites with various retail, office, or service commercial uses proposed. A PUD concept plan was approved for the 20 -acre subject site and the 30 -acres northeast of CSAH 39/TH 101 on November 27, 2002. The subject site is within the Sanitary Sewer Service District and is guided for commercial land uses by the Comprehensive Plan. The site is currently zoned A-1, Agriculture Rural Service District consistent with the interim land use plan described by the Comprehensive Plan. This application involves consideration of a rezoning to PUD District, PUD development plan, and preliminary plat approvals. Exh= A. Site Location B. Concept Plan C. Site P!a ,; �. r, Cl1 Inur y F�iai D. Landscape Plan E. Grading Plan We would recommend for organizational purposes that the language regarding that any freestanding signs allowed for individual lots be a monumonuments be moved to Section IV.A.7 The design standards should also state ment type sign subject to the area and height limitations established by the Zoning Ordinance. The individual monument signs would need to be constructed of the materials allowed for principal buildings within the PUD District and subject to review with the development plan application. The freestanding signs should be located at the entrance to each lot to provide direction to patrons. The design standards should also allow for co -location of individual signs on one structure for those sites that share a common access to Quaday avenue. The freestanding sign for the convenience gas use may need to be at CSAH 39/Quaday Avenue in order to effectively display gas prices. Only one freestanding sign will be allowed per lot. • Area identification signs. Section IV.A.7 and IV. B.6 address standards for area identification signs. The design standards recommend installing area identification signs at CSAH 39/Quaday Avenue, Park Avenue/CSAR 42, and the site plan shows a sign along TH 101. Under the Zoning Ordinance, these signs would only be allowed to address "Otsego Waterfront" and not individual tenants. In consideration of using only monument type signs for each individual lot, the sign located adjacent to TH 101 could be allowed to include individual tenants. Signs located at Quaday Avenue/CSAH 39 and Park Avenue/CSAH 42 should not include individual tenants and be used more to establish the area identity. The design standards will need to be modified to reflect these requirements. • Civic Monuments. The project is at therima ry entrance -to the ty Of Otsgo. The Comprehensive Plan directs that the Cityestablish gateway features ateh s location to strengthen the City's identity. The development standards also encourage civic features such as monuments in Section IV.B.7. The City should work with the developer on provision of a gateway monument at the southeast corner of the project that incorporates the City's Otsego - On The Great River Road" logo.11 Site Lighting. The design standards include brief guidelines for site and building illumination in Section III.A.5, which is in addition to the streetscape lighting described above. The design standards make fairly generalized statements about the need to minimize glare. Requirements that all sight lighting is to be a shoebox or ca, design th a 90 -degree horizontal cut-off. Backlighting of signage may be allowed can building facades must be illuminated only by directed light sources. Specific to the propoed convenience gas station, bank drive Through, and motel portico, the canopy facades may not be back lighted and light fixtures must be flush mounted to the under side. Off-street Parking/Loading. General circulation through each of the sites is good. Parking stalls and drive aisles have been designed to the requirements of Section 21 of the Zoning Ordinance and adequate room is available for semi -truck deliveries. The site M 4The development plan for Lot 2, Block 2 will provide that the buil ,/ ding have a "front" facade to the TH 101/CSAH 39 intersection and that he drive- through is located to the northwest side of the building. 5. The applicant submit a traffic study evaluating the impact of the development to public streets. Any improvements required to mitigate the impact of the development to public streets will be the responsibilityof the Access issues are subject to review and a applicant. Wright County, and MNDoT as may be applicableal of the City Engineer, 6. Six-foot wide concrete sidewalks are provided on both sides of Quaday Avenue and Park Avenue. The site plan is to be revised to show connections from the public sidewalks to individual buildings. 7. The landscape plan is revised to provide low -growth shrubs in the median of Quaday Avenue and Park Avenue, subject to review and approval of the City Engineer. 8. The City work with the developer to provide for a Cit at 101 /CSAH 39 intersection incorporating the City's logo eway sign at the TH 9. Off-street parking stalls shall be provided ed in conformance with Section 21 of the Zoning Ordinance. Joint parking may be allowed under the PUD District, but the total number of stalls shall not be reduced unless it is demonstrated that supply will exceed demand. 10. Parking lot designs are revised to provide adequate circulation on Lots 4-6, Block 2 and eliminate any off -set drive -aisles and intersections as part of the individual site development plan reviews. 11. Exterior trash enclosures are to be constructed of the same material as the principal building. Design plans for the trash enclosure are required as part of the development plan application for individual sites. 12. Easements are provided over all lots allowing joint parking and access, Easements are also to be provided over sidewalks along Quaday Avenue and Park Avenue where the sidewalk is not within the public right-of-way. All easements are Subject to review and approval or' the City Engineer. 13. All grading and drainage plans are subject to review and approval of the City Engineer. -13- Fabricate and instal one nenv 1.112° sq. lube cabinet, bacrfit n eon cha,nn el letters, and custom decora:h a de:a:ls. •• � o-awi.-��. wv�c�rn is icr REIkIt.if . I IOC4iDlt OL ECO IIII _c2ti• PC( ECCIOP P:.1OF1 !IrT1G• [1.T E: n7 nl ni __-_- w�«nn«�vrza�:cH■ P:1/1 ra 1320) 252-9400 • Fax (320) 252.4260 S/G/V CORPBox ggl • St. Cloud, Minnesota 56302 IMPORTANT MEMO TO: STEVE FISCHER/LANDCOR INC. DATE: 03/04/03 FROM: BRUCE K 1 FF.ytEY1 R/8CLN I C S I GN CORPORAT i ON RE: OTSEGO WATERFRONT WEST/CITY OF OTSEW PYLON SIGN Fabricate & install orae new non -illuminated double -face pylon sign. Construction to consist of all steel. frame structure, wrapped with .063" aluminum skin. 8° circle to have aluminum front/bask with .063" aluminum text and graphics standing off 1-1/2" to 2". Grid and entire sign to be acid etched, primed & painted with an acrylic enamel finish per customer specifi.cition. Py10n to he lighted from grade witt► (6) sicn vue brand lights -three per Side: and b-- non -lit in daylight hours. Tax & installation included. ............................. $ 24,695.00 Fabricate & install one new internally illuminated double -face Pylon sign. Construction to consist of all steel frame structure, wrapped with .063" aluminum skin. 8' circle to have .00" aluminum front/back with routed out text and graphic. 3/16" acrylic push thru text and graphic. Colored text and graphic to be of 3m 3600 series translucent vinyl applied to acrylic. Floureseent lamp lighting with rapid start cold weather ballasts internally. All construction to be UA approved and labeled. Grid and entire sign to be acrid etched, Primed and painted with an acrylic enamel finish per customer specification. Sign to be non --lit during daylight hours and sign to have all text and City of O'1'SrEGO/wave and ON THE GREAT....., lighted during nighttime hours. Tax & installation included. .............I................$ 24,995.00 Respectfully submitted, Bruce Kiffineyer Manufacturing • Service • Installation a Aeon Since 1957 MEMBER 04A III MINOR 1141 IIIUCAT191 Ots-ego's Waterfront Steve Fischer Landcor One 9464 Hemlock Lane N. Maple Grove, MN 55369 Phone:763-315-0818 Fax:763-315-0817 Proposal Date: 2/27/03 Salesperson: Dennis Mellem Job Location: City of Otsego Signcrafters proposes to furnish all labor and materials as needed to fabricate and install one, 18', two sided pylon sign as per print. Top portion of sign to have routed out copy "Otsego's waterfront". Copy to be illuminated from behind with fluorescent lamps. "City of Otsego" lettering will be halo lighted with LED illumination. Lettering will be t/4" aluminum with a polyurethane enamel finish. "On the great river road" and wave copy to be routed out of aluminum and illuminated with fluorescent lamps. All other copy to be non -illuminated. Poles will be covered with aluminum panels. The aluminum panels will be painted with 20 -year, non -fading paint. All brick work to be done by others. -- $26,000.00 Projected completion date is after receipt of down payment, signed contract, approved drawings and city approval. If provisions of above include installation of sign base and/or electrical hookup, sign base is bid "under normal ground conditions only" and electrical hookup is included in bid price with adequate power brought to within six feet (6') of sign(s) area(s) by others. Total bid price: $26,000.00(Does not include charges for sales tax(es), permits, permit staff time fees, and /or disposal/recycling fees) Payment terms: 50% down payment ($13,000.00); balance due upon job completion and receipt of invoice. Authorized signature: I/We accept the prices, terns, conditions and/or specifications listed here and on reverse page, and hereby authorize you to perform the work as specified. Dennis Mellem Note: This proposal may be withdrawn by Signcrafters, Inc., if not accepted within thirty days. Customer signature Date accepted 7775 MAIN STREET MINNEAPOLIS, MN 55432 (763) 571-2995p (763) 571-3588f E -Mail: Signcrafters@SCOUTDOOR.com Hakanson 1 Anderson Assoc., Inc. 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Phone: 763/427-5860 Fax: 763/427-0520 CITY OF OTSEGO CITY COUNCIL CITY ENGINEER'S AGENDA MARCH 10, 2003 Item 7.1: Consider Adopting Functional Classification Report Item 7.2: Consider Pay Estimate No. 5 for City of Otsego Project 02-01 Page Avenue (79`h Street to 85" Street) Item 7.3: Discussion regarding 85`h Street and Page Avenue Projects a. Letter to Wright -Hennepin b. Bid projects separately or combined Item 7.4: Discussion of 2003 State Aid a. Revocation and Designation of State Aid Routes (2 options) b. Resolutions C. 5 -Year Plan for State Aid Funds Item 7.5: Discussion of Location of Lift Station E3 Item 7.6: Any other Engineering Business Civil 6 -Municipal Engineering 2 Q G:\Municipal\AOTSEGO\Agendas\2003\councila�gp/a4leiving for February 18, 2003 Honorable Mayor & City Counci City of Otsego 9899 Nashua Avenue NE tsego, MN 55330 RE: MSAP 217-103-02, Page Aveme NE Contractor. Hardrives, Inc Contract Amount: $411,103.61 Award Date: May 1, 2002 Completion Date: Aug. 15, 2002 Dear Council Members: Pay Estimate No. 5 City of Otsego MSAP 217-103-02 Page Avenue The following work has been completed on the above referenced projec Bid Schedule "A" - Streets ITEM 7.2 Item Description Contract Quantity Unit Unit Price Used To Date Extension 1 Mobilization 1 LS $5,500.00 1 $5,500.00 2 Clearinq and Grubbing 1 LS $5,400.00 1.12 $6,048.00 3 Pavement Marking Removal 4" Soni 1360 LF $0.38 1527 $580.26 4 Remove Sewer Pie Storm - 18" RCP 90 LF $5.40 105 $567.00 5 Remove Pipe Drain 8" PVC 40 LF $5.40 40 $216.00 6 Remove Concrete Curb & Gutter 170 LF $3.45 200 $690.00 7 Remove Bituminous Pavement 1665 SY $1.30 1 1804.6 $2,345.98 8 Remove Catch Basin 1 EACH $105.00 1 $105.00 9 Sawinq Bit Pavement Full Depth) 246 LF $2.75 351 $965.25 10 Salvage Meta! Culverts (15" CMP) 11 Salvage Retaining Wall 48 50 1F SF $5.40 1 $8.00 122 50 $658.80 $400.00 12 Salvaqe & Reinstall Sin 2 EACH $130.00 1 $130.00 13 Common Excavation P 5175 CY $3.70 6502 $24,057.40 14 Common Borrow - LV 1620 CY $8.10 1998 $16,183.80 15 Class 5 Aqqregate Base 6" 7911 TON $7.50 7255.55 $54,416.63 16 Mill Bituminous Surface 25 SY $11.50 14.5 $166.75 17 Type LV 4 Wearing Course Mixture B 2685 TON $29.35 662.71 $19,450.54 18 Type LV 3 Non -Wearing Course Mixture B 2655 TON $26.90 2572.17 $69,191.37 19 Bituminous Material For Tack Coat 995 GAL $1.00 180 $180.00 20 Reconstruct Retainin Wall 50 SF $15.00 50 $750.00 21 Adjust Gate Valve 6 EACH $160.00 4 $640.00 22 Adjust Frame & Ring Casting 3 EACH 1 $180.00 1 $180.00 231 Concrete Curb & Gutter Design B618 7070 LF $7.65 6894 $52,739.10 24 6" Concrete Valley Gutter 86.3 SY $31.35 86.3 $2,705.51 25 6" Concrete Apron 81 SF $3.75 69 $258.75 26 Relocate Mailbox Su ort 1 EACH $70.00 2 $140.00 27 Traffic Control 1 LS 1 $4,300.00 1 $4,300.00 FILE: Share\Municipa1/aotsego/o1344PE SHEET: Pay Estimate 5 Fen FP- ABid Schedule "A" - Streets (Continued) Pay Estimate No. 5 City of Otsego MSAP 217-103-02 Page Avenue CONTRACTOR Item Description Contract Quantity Unit Unit Price Used To Date Extension 28 Sin Panels, Type C 110.25 SF $21.00 110.25 $2,315.25 29 Pavement Message (Left Arrow) - Epoxy 1 EACH $162.00 1 $162.00 30 Pavement Message (Right Arrow - Epoxy 2 EACH $162.00 1 $162.00 31 Pavement Message Left-Thru Arrow - Epoxy 1 EACH $324.00 1 $324.00 32 Pavement Message Ri ht-Thru Arrow - Epoxy 1 EACH $324.00 1 $324.00 33 4" Double Solid Line Yellow - Paint 4715 LF $0.06 3305.5 $198.33 34 12" Solid Line White - Paint 150 LF $0.06 52 $3.12 35 4" Double Solid Line Yellow - Epoxy 4715 LF $0.32 1598 $511.36 36 4" Solid Line White - Epoxy 7300 LF $0.27 1640 $442.80 37 12" Solid Line White - Epoxy 170 LF $4.30 $1,535.00 $0.00 38 8" Solid Line Yellow - Epoxy 375 LF $1.08 105 $113.40 39 24" Stop Line White - Epoxy 76 LF $6.45 48 $309.60 40 Bale Check 24 EACH $6.65 20 $133.00 41 Silt Fence, Type Machine Sliced 1100 LF $1.95 1137 $2,217.15 42 Seeding - Type Lawn Restoration (H droseedin 3.1 ACRE $1,075.00 3.37 $3,622.75 43 Sodding - Type Lawn Restoration 150 SY $4.30 1 1354 $5,822.20 L44 Seeding Mixture - 60B 310 LBS $3.25 480 $1,560.00 45 Commercial Fertilizer, 20-10-10 1550 LBS $0.38 1650 $627.00 46 Hydraulic Soil Stabilizer Type 6 3.9 TON $1,240.00 5.21 $6,460.40 Total Bid Schedule "A" Bid Schedule "B" - Storm Sewer $288,874.49 Item Description Contract Quantity Unit Unit Price Used To Date Extension 1 15" RC Pipe Apron 1 EACH $430.00 1 $430.00 2 21" RC Pipe Apron 2 EACH $605.00 2 $1,210.00 3 24" RC Pipe Apron 1 EACH $685.00 1 $685.00 4 15" RC Pipe Sewer Design 3006 CL V all depths) 310 LF $22.70 314 $7,127.80 5 18" RC Pipe Sewer Design 3006 CL III all depths 760 LF $24.35 734 $17,872.90 6 21" RC Pipe Sewer Design 3006 CL III (all depths 501 LF $27.05 461 $12,470.05 7 24" RC Pipe Sewer Design 3006 CL III (all depths 33 LF $29.20 30 $876.00 8 21" Pipe Plug 1 EACH $95.00 1 $95.00 9 Connect to Existing Storm Sewer 1 EACH $324.00 0 $0.00 10 Install Salvage 15" CMP 48 LF $8.65 48 $415.20 11 Construct Drainage Structure 2' x 3' 3 EACH $1,155.00 3 $3,465.00 12 Construct Drain a e Structure Design 48" 4020 10 EACH $1,535.00 11 $16,885.00 13 Construct Drain a e Structure Design 54" 4020 1 EACH $1,865.00 1 $1,865.00 14 Random Rip ap Class III 30 CY $75.00 30 $2,250.00 otal Bid Schedule "B" FILE. Share\Municipallaotsego/ot344PE.xls SHEET: Pay Estimate 5 $65,646.95 Pay Estimate No. 5 City of Otsego MSAP 217-103-02 Page Avenue Field Modification #1 - Organic Debris Removal CONTRACTOR Item Description Contract Quantity Unit Unit Price Used To Date Extension Item Removal of approximate 250 C.Y. of organic Quantity Unit Unit Price Date Extension LESS PAY ESTIMATE NO. 2 debris and buried tree roots mixed with soil that LESS PAY ESTIMATE NO. 3 $16,239.30 LESS PAY ESTIMATE NO. 4 $9,238.68 WE RECOMMEND PARTIAL PAYMENT OF: $4,215.06 was encountered in the road bed. This material CONTRACTOR: Hardrives, Inc. Certification by Contractor: I certify that all items and amounts are correct for the work completed to date. 1 lwas not suitable for use in the road or as top soil. 1 LS 1 $1,500.00 1 J $1,500.00 Total Field Modification #1 Field Modification #2 - Dumpster Rental $1,500.00 Total Field Modification #2 $495.00 Summary Of Work Completed To Date: Bid Schedule "A" - STREETS $288,874.49 Contract $65,646.95 Field Modification #1 - ORGANIC DEBRIS REMOVAL Used To Field Modification #2 - DUMPSTER RENTAL Item Description Quantity Unit Unit Price Date Extension LESS PAY ESTIMATE NO. 2 Use of a dumpster for disposing of pre-existing LESS PAY ESTIMATE NO. 3 $16,239.30 LESS PAY ESTIMATE NO. 4 $9,238.68 WE RECOMMEND PARTIAL PAYMENT OF: $4,215.06 debris that were discarded within the project CONTRACTOR: Hardrives, Inc. Certification by Contractor: I certify that all items and amounts are correct for the work completed to date. Signed: limits. Such as fence line, Type III barricades, 11 Misc. sewer pipe, pallets, etc. 1 LS 1 $495.00 1 $495.00 Total Field Modification #2 $495.00 Summary Of Work Completed To Date: Bid Schedule "A" - STREETS $288,874.49 Bid Schedule "B" - STORM SEWER $65,646.95 Field Modification #1 - ORGANIC DEBRIS REMOVAL $1,500.00 Field Modification #2 - DUMPSTER RENTAL $495.00 NORK COMPLETED TO DATE: $356,516.44 LESS 10% RETAINAGE: $35,651.64 LESS PAY ESTIMATE NO. 1 $199,571.47 LESS PAY ESTIMATE NO. 2 $91,600.28 LESS PAY ESTIMATE NO. 3 $16,239.30 LESS PAY ESTIMATE NO. 4 $9,238.68 WE RECOMMEND PARTIAL PAYMENT OF: $4,215.06 APPROVALS: CONTRACTOR: Hardrives, Inc. Certification by Contractor: I certify that all items and amounts are correct for the work completed to date. Signed: Title: ENGINEER: Certification by Engineer: HAKANSON ANB�RSON A.SSC Signed Date: e recommend payment for work and quantities as shown. TES, INC. L/ Title: S7—/ ,EN Date: o? o?o O 3 OWNECITY OF OTSEGO Signed: Title: U ' Date: FILE: Share\Municipal/aotsego/ot344PE.xls SHEET. Pay Estimate 5 3 Hakanson Anderson Assoc., Inc. February 28, 2003 Wayne Bauernschmitt Wright -Hennepin Co-op Electric PO Box 330 Rockford, MN 55373 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Phone:763/427-5860 Fax:763/427-0520 Re: 85th Street Reconstruction — WH Relocation Dear Wayne: ITEM 7.3a As you are aware, Otsego will be reconstructing 85th Street from Nashua Avenue to Page Avenue this summer. We have contacted Wright -Hennepin Electric Coop and requested that the overhead lines along this road be relocated underground in the 17' of boulevard north of the north curb. In conversations between us you have stated that Wright -Hennepin Electric Coop is willing to relocate some or but not all of the lines along 851h Street to underground. The City of Otsego adopted a right-of-way ordinance in 1998. The ordinance has specific language in regards to the relocation of utilities in the City's right-of- way. Section 1.23 Subd 1 of the City of Otsego's Right -of -Way Ordinance states "... replacement of old facilities shall be done underground..." Section 1.23 Subd 2 of the City of Otsego's Right -of -Way Ordinance states: "Subd. 2. Corridors. The City Engineer may assign specific corridors within the Right -of - Way... for each type of Facilities ..." and as stated above we have designated the north 17' of the right -of way as a corridor for utilities. Section 1.23 Subd 2 of the City of Otsego's Right -of -Way Ordinance also states: "Any Registrant who has Facilities in the Right -of -Way in a position at variance with the corridors established by the City Engineer shall, no later than at the time of the next reconstruction or excavation of the area where the Facilities are located, move the Facilities to the assigned position within the Right -of -Way, ..." G:\Municipal\AOTSEGO\345\ot345-348wb.doc Civil erMunicipal �� Engineering Land Surveying for Section 1.24 Relocation of Facilities of the City of Otsego's Right -of -Way Ordinance states: "A Registrant must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its Facilities in the Right -of -Way whenever the Director for good cause request such removal and relocation, and shall restore the Right -of -Way to the same condition it was in prior to said removal or relocation. The Director may make such request to prevent interference by the Company's Equipment or Facilities with (i) a present or future City use of the Right -of -Way, (ii) a public improvement undertaken by the City, (iii) an economic development project in which the City has an interest or investment, (iv) when the public health, safety and welfare require it, or (v) when necessary to prevent interference with the safety and convenience of ordinary travel over the Right -of -Way." I have faxed the complete Otsego Right -of -Way Ordinance to your office on 2/28/03 for your reference. Please review the ordinance and let me know Wright -Hennepin Electric Coop's plans for relocation of their facilities. Construction is scheduled to begin in early June of 2003 so your earliest response is requested. If you have any questions, you may contact me at 763-427-5860. Sincerely. Hakanson Anderson Associates, Inc. Rona d J. a ner, P cc: Honorable Mayor City Council Mike Robertson, Administrator Judy Hudson, Clerk Andy MacArthur, City Attorney Dan Licht, NAC G:\Municipal\AOTSEGO\345\o134i-348wb.doc Hakanson Anderson Assoc., Inc. Hakanson Anderson Assoc., Inc. February 27, 2003 Honorable Mayor and City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Re: 2003 Municipal State Aid Plan 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Phone: 763/427-5860 Fax: 763/427-0520 Dear Honorable Mayor and City Council: ITEM 7.4a The State Aid Office requires all State Aid Cities to have an updated proposal to their office by 3/15/03. I have reviewed Otsego's State Aid System and have two options for review. Both options remove designations from streets, which have been improved to State Aid Standards without the use of State Aid Funds. Moving the designation off of these streets to sub -standard or non -existing streets maximizes the City's needs thus garnering more State Aid Funds each year. Option 1 revokes 85th Street between CSAH 42 and Quaday Avenue and Page Avenue between CSAH 39 and 85th Street. Both of these roads have been or will be improved by money other than State Aid. Also, the commercial loop is shortened to take out streets, which were improved by the Developer during the Waterfront construction. These revocations along with the 0.44 additional State Aid miles received due to new local streets construction in 2002, gives the City 1.43 miles to allocate for Option 1. I recommend using this mileage to extend the East Frontage Road (Queens Avenue) from CSAH 37 to CSAH 42 and to establish a new route at Ramslund Avenue from CSAH 36 to CSAH 42. This option would garner the most needs due to the high amount of non -existing streets and they are also very good routes and are on Otsego's Functional Classification map. Option 2 also revokes portions of Page Avenue and 85th Street, and adds a portion to Queens but extends 78th Street to Odean Avenue. This is less desirable due to a portion of 78th Street outside the MSA Route has been improved by a developer, so it will not garner much needs or State Aid Fund. I did speak with Mr. Steven Bots, the City Engineer for St. Michael and they will not be adding Quam Avenue to St. Michaels State Aid System this year. It is on their list to add in the near future. The Quam Avenue designation is needed by Otsego for the Quaday Avenue extension south of CSAH 37. Designation of State Aid Routes in Western Otsego was also considered, but due to limited mileage was not a feasible option. Civil d'Municipal �� Engineering G:\Municipal\AOTSEGO\315\2003\ot3I Shmce.doc Land Surveying for We recommend Option 1 to minimize State Aid needs. If you have any questions or comments, please call me at 763-427-5860. Sincerely, Hakanson Anderson Associates, Inc. Ron d J.a er, P RJW:dlc Enclosures cc: Mike Robertson, Administrator Judy Hudson, Clerk G:\Municipal\AOTSEGO\315\2003\ot3l5hnicc.doc Hakanson Anderson Assoc., Inc. RESOLUTION REVOKING MUNICIPAL STATE AID STREETS No. 2003 - WHEREAS, it appears to the City Council of the City of Otsego that the streets hereinafter described should be revoked as a Municipal State Aid Street under the provisions of Minnesota law. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Otsego that the road described as follows, to -wit: 85"' Street NE from CSAH 42 to Quaday Avenue NE be, and hereby revoked as a Municipal State Aid Street of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the revocation of said road or portion thereof, as a Municipal State Aid Street of the City of Otsego, which was numbered and known as Municipal State Aid Street 217-102-04. ADOPTED , 2003 ATTEST: Judy Hudson (City Clerk) CERTIFICATION Larry Fournier (Mayor) I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council of said City on , 2003. (City Clerk) Judy Hudson (SEAL) City of Otsego G:Wlunicipal\AOTSEGO\315\20031ot315RES8.doc RESOLUTION REVOKING MUNICIPAL STATE AID STREETS No. 2003 - WHEREAS, it appears to the City Council of the City of Otsego that the streets hereinafter described should be revoked as a Municipal State Aid Street under the provisions of Minnesota law. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Otsego that the road described as follows, to -wit: Page Avenue from 85"' Street to CSAH 39 be, and hereby revoked as a Municipal State Aid Street of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the revocation of said road or portion thereof, as a Municipal State Aid Street of the City of Otsego, which was numbered and known as Municipal State Aid Street 217-103-010. ADOPTED , 2003 ATTEST: Judy Hudson (City Clerk) CERTIFICATION Larry Fournier (Mayor) I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council of said City on , 2003. (City Clerk) Judy Hudson (SEAL) City of Otsego GAMu nicipaM0TSEG0\315\2003\ot315RES 1.doc RESOLUTION REVOKING MUNICIPAL STATE AID STREETS No.: 2003 - WHEREAS, it appears to the City Council of the City of Otsego that the streets hereinafter described should be revoked Municipal State Aid Street under the provisions of Minnesota law. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Otsego that the road described as follows, to -wit: 91St Street NE from CSAH 42 to Quaday Avenue NE and Quaday Avenue NE from 91 ' Street NE to 93" Street NE be, and hereby revoked as a Municipal State Aid Street of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Otsego, to be numbered and known as Municipal State Aid Street 217-106-010. ADOPTED ATTEST: Judy Hudson (City Clerk) 2003 CERTIFICATION Larry Fournier (Mayor) I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council of said City on , 2003. (City Clerk) Judy Hudson (SEAL) City of Otsego G:\Municipal\AOTSEGO\315\2003\ot3l5RES5.doc RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS No.: 2003 - WHEREAS, it appears to the City Council of the City of Otsego that the streets hereinafter described should be designated Municipal State Aid Street under the provisions of Minnesota law. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Otsego that the road described as follows, to -wit: Ramslund Avenue from CSAH 36 to 65"' Street be, and hereby established, located, and designated a Municipal State Aid Street of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Otsego, to be numbered and known as Municipal State Aid Street 217-110-010. ADOPTED .2003 ATTEST: Judy Hudson (City Clerk) CERTIFICATION Larry Fournier (Mayor) I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council of said City on , 2003. (City Clerk) Judy Hudson (SEAL) City of Otsego G:\Municipal\AOTSEGO\315\2003\ot315RES6.doc RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS No.: 2003 - WHEREAS, it appears to the City Council of the City of Otsego that the streets hereinafter described should be designated Municipal State Aid Street under the provisions of Minnesota law. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Otsego that the road described as follows, to -wit: 65" Street from Ramslund to CSAH 42 be, and hereby established, located, and designated a Municipal State Aid Street of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Otsego, to be numbered and known as Municipal State Aid Street 217-110-020. ADOPTED , 2003 ATTEST: Judy Hudson (City Clerk) CERTIFICATION Larry Fournier (Mayor) I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council of said City on , 2003. (City Clerk) Judy Hudson (SEAL) City of Otsego G:\Municipal\AOTSEGO\315\2003\ot3l5RES4.doc MUNICIPAL STATE AID STREET PLAN - 2003 -G 7— o. Tis T. Zo- ----- ------ - i F7 T NqH k A.d ..... TI.................. ue IrrT, I I i- V J 1-4— R T,, *0.,, 7TMT T-- SEE= FF %E-FNT 040 XXW RLWNE H NO 103 ol. .1 olo xxvx K— T`wft NO 106 019 ui 1-1110 c A MILE% .VAkAME a, MAT A—AIKE — • IA .[. wlr o 10) M o n tv WEINS AVE G� ).-lel (CSA. 37 CSAH 4)) ktN NEW RWTLIO. 110 D93 ui YGYENI — A.—.. A.— 1[1 (C%All 36 TO 651N $I) HEW WIE NO 110 ow %�Nl 070 15111sl.rEl Tr NE TOTAL OES"ATED WES 143 ml 2003 MSA ROAD DESIGNATION OPTION NO.1 I)ATE.03/04/U3 FILE: 0T.675 F11Hakanson ITEM 7.4c Anderson 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Assoc., Inc. Phone: 763/427-5860 Fax: 763/427-0520 February 28, 2003 Honorable Mayor and City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Re: State Aid 5 -Year Plan Dear Mayor and City Council: As requested, we have reviewed the State Aid Otsego Road System for the next 5 years. Starting in 2003 and making best education assumptions through 2008, we show what State Aid balances will look like and also give estimated cost and year of construction for road projects. The State Aid monies are allocated to cities based on 1) population and 2) construction needs. The population State Aid uses is approximately 2 years behind existing estimates due to the State Demographers Office releasing the numbers 13 months behind. The following graph shows projected population counts using Mike Robertson's estimate for 2002 and 2003. From there, I assumed 1000 additional people/year. Actual State Aid Population Allocation/Person Population Allocation 2000 = 2002 6389 $17.7235 = $113,235.44 2001 = 2003 6970 $16.3561 = $114,002.02 2002 = 2004 80011 $16.35612 = $130,865.002 2003 = 2005 92531 $16.35612 = $151,343.002 2004 = 2006 102532 $16.35612 = $167,699.002 2005 = 2007 112532 $16.35612 = $184,055.002 2006 = 2008 122532 $16.35612 = $200,411.002 1 Estimate by Mike Robertson, City Administrator, using new home construction. 2 Values are assumed. Construction Needs Allocation is dependent upon how many more miles of city streets are added and how many more MSA streets are improved using State Aid monies. A rough projection was completed to develop the following chart. Civil &Municipal �� Engineering Land Surveying for Year Construction Needs Allocation 2002 $224,408 Completion of a portion of Page Avenue and a portion of 85th Street and a portion of Comm. Loop 2003 $221,661 2004 $191,000 Completion of 85th Street (Nashua to Page) 2005 $207,0002 2006 $207,0002 Completion of Quaday Avenue on System 2007 $223,0002 2008 239,0002 Combining the two, the City of Otsego can expect the following amounts: Year State Aid Monies 428,1352 for Road Construction 2003 $335,663 2004 $329,8652 2005 $358,3432 2006 $374,6992 2007 $407,0552 2008 $439,4112 Starting out with a deficit of $750,000 at the end of 2003 due to advance encumbrance, the State Aid Construction balance is projected to be: 2004 -$ 428,1352 2005 -$ 191,7922 2006 $ 182,9072 2007 $ 589,9622 2005 $1,029,3732 Build Quaday Avenue (-$130,000) Hakanson Anderson ■■ Assoc., Inc. Projects scheduled to be completed in the following years are: 2003 2004 or 2005 85th Street Quaday 2006 or Later 70th St. & Maciver State Aid Cost $1.2 Million $130,000 ($530,000 TEA 21) $1.435 Million (City of Otsego Portion) Since 85"' Street Improvements were included in my calculations, the 5 year Needs is $1.565 million and the Otsego State Aid construction account will be $1.03 million. If advanced encumbrance is still allowed, this could make up the difference or the City could use some other funding sources. If you have any questions or comments, you may contact me at 763-427-5860. Sincerely, Hakanson Anderson Associates, Inc. Ronald J. Wagner, PE RJW:dlc Enclosures cc: Mike Robertson, Administrator Judy Hudson, Clerk Hakanson Anderson ■■ Assoc., Inc. b a,`NN�Or, so Minnesota Department of Transportation Transportation Building ocT' 395 Jcrn'•aland Boulevard Saint Pa:.'. Minnesota 55155-189-) February 13, 2003 Ron Wagner City of Otsego Engineer Hakanson Anderson & Associates 3601 Thurston Ave Anoka, NLN. 55303-1063 RE: Notice of Annual Apportionment Dear Mr. Wagner: Copied to City Adm. Copied to Qty ;; The following 2003 allotments have been credited to the City of Otsego's state aid accounts in compliance with the 2003 Commissioner's Order, and will be released in accordance with the current rules. General Allotment Trunk Highway Turnback Total Maintenance $83,916.00 83 916.00 Construction $251,747.00 $251,747.00 If you have any questions, please contact Cindy Degener at (651) 296-7414, or Sandra Martinez at (651) 297-3740, of the State Aid Finance Office. Sincerely, ea,,.Z *Oqz� Carol Molnau Commissioner of Transportation cc: City Clerk Bonestroo ® Rosene mAnderlik & u1 Associates Engineers & Architects Michael Robertson Admin Otsego 8899 Nashua Ave NE Otsego MN 55330-7314 Bonestrao, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G Bonestroo. PE. • Marvin L Sorvala. PE • Glc -nn R Cook. PE. • Robert G Schun,clu. Pc . terry A. Bourdon. PE Senior Consultants: Robert W Rosene, PE Joseph C Arde,-*. PC. ',Oiard E Turner, PE Susan M. Eber!in, CPA Associate Principals: Kean A. Gordon, PE Robert R Pt�Her!e, PE. R,Chard •.V FOSter, PE, Dav,d O Loskota, PE. Mark A Hanson. PE. • Lhch,3ei r Rautmann. PE • Ted K F!e!d. P.E. • Kenneth P Arderscr., PE.. Mark R. ROlfs, PE David A Bonestroo. ,M. B. A. S,oney P Williamson.. PE.. L S • Agne:.M. ,2ny, Pd.6 A .Allan Rack SMark R. PE Thomas W. Peterson. RE. • James R. ,bt:vard. PE. VLIe; n B Jensen, PE • L Ph!IL•o Gravel III, RE. Dan,el 1. Edgerton. PE Ismael :Martinez, PE. • rhomas A. Syfko, P.E. • Sreldon J lonnson • Dale A. Grove, PE. • Thomas A. Roush.v. PE, . Robert J. Devery, P.E. Offices: St. Paul, St Claud. Rochester and Willmar. NIN • :Milwaukee, WI • Ch,cego, IL Rochester Branch Manager: Richard lA He!,;. PE. Website: ww wbonescroo.com February25,.-20Q..-- 76 3, 20Qj_76 Subject: NPDES Phase II INDLiSTRIAL Storm Water Permit for MU`ICIPAL FACILITIES Dear City Official: Municipal Industrial Facilities such as public works yards, vehicle maintenance facilities, wastewater treatment plants, and many other municipally operated facilities may require Nation Pollution Discharge Elimination System (NPDES) pen -nits by March 10, 2003. This requirement affects even the smallest cities and will likely impact your City as well. As you may be aware, the 1990 storm water regulations for Phase I of the federal storm water program already require industrial facilities to obtain a Nation Pollution Discharge Elimination System (NPDES) permit. In 1991, provisions within the Intermodal Surface Transportation and Efficiency Act (ISTEA) temporarily exempted storm water discharges associated with certain industrial activities at facilities operated by municipalities with populations of less than 100,000 from the need to obtain an NPDES industrial storm water permit. Under provisions of the 1999 storm water regulations for Phase II of the federal storm water program, these previously exempt municipally operated industrial facilities will now require NPDES permit coverage by March 10, 2003. As you may be aware, there are three major components of NPDES Phase II: Construction Sites, MS4's, and Industrial. Many cities are currently concentrating on the MS4 component. This regulation is separate from the MS4 component. We are prepared to work with your staff in identifying necessary permits and minimizing associated costs and impacts. Please feel free to contact Tim Modjeski L,:r Chad Engels at (507) 282-2100 to review your permit requirements. We will first assess your permitting requirements and then identify strategies to prepare the permit. A few hours of our time in association with City staff may reduce permitting effects. Sincerely, Bi / onnestroo, Rosene, Anderlik & Associates C� / (—'V' Chad L. Engels 112 7th Street N.E. ■ Rochester, MN 55906 ■ 507-282-2100 ■ Fax: 507-282-3100 Michael C. Couri- Andrew I MacArthur Robert T. Ruppe— David R. Wendorf *Also licensed in Illinois **Also licensed in California March 6, 2003 City Council Members City of Otsego 8899 Nashua Avenue NE Otsego, MN 55376 CO URI & MACAR THUR Attornevs at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376-0369 (763) 497-1930 (763) 497-2599 (FAA) couriandmacarthur@pobox.com RE: Proposed Revisions to City of Otsego Dog Ordinance Dear Council Members: Please find enclosed for your review and discussion a proposed dog ordinance revision, updating the current ordinance which was established back at the time that the City was still a township. The ordinance language has been updated, the penalty provision have been updated, and the definitions have been changed and updated. I have revised the penalty language to accommodate lesser fines for non-compliance such as failure to have a license. These fines could be established and changed from time to time by resolution. I have briefly discussed the revision with the Carrie and have asked her to provide any comments she may have prior to adoption. This is presented at this time for discussion and comment. I will be available to further discuss this ordinance and address any proposed changes the Council may want to consider at that time. Very truly -yours, i" I rew J. M Arthur COURI & IACARTHUR Encl. CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. ORDINANCE REGULATING THE KEEPING OF DOGS THE CITY COUNCIL OF THE CITY OF OTSEGO, ORDAINS AS FOLLOWS: Section 1. Purpose. The City Council of the City of Otsego, Wright County, Minnesota, in order to provide for the health, welfare and safety of the people of the City of Otsego and in order to provide for the regulation and protection of dogs, hereby establish the following rules and regulations: Section 2. Definitions. For purposes of this ordinance the terms contained in this section shall have the definitions given to them. A. "Running at large", "run at large", or "at large" means permitting a dog to stroll, wander, rove, or ramble at will and without constraint or confinement. "Running at large" shall not include the foregoing conduct when the same occurs on property owned or leased by the person to whom a dog belongs. B. "Owner" means any person, keeper, custodian or legal entity owning, harboring or keeping a dog, whether temporary or permanent. C. "Dangerous Dog" and "Potentially Dangerous Dog" have the meanings given by Minnesota Statutes §347.50 subdivisions (2) and (3) respectively. D. "Habitually Barking Dog" means any dog that (i) barks, whines, cries or makes other similar such noises for a period of five minutes or more, with less than 1 minute intervals between noises or (ii) barks, whines, cries or makes other similar such noises between the hours of 10:00 p.m. and 7:00 a.m., regardless of frequency, and (iii) any such noises are audible off of the Owner's property or premises, or such other property or premises upon which the dog is kept. E. "Person" shall mean any individual, firm, partnership, corporation, or other legal entity. 1 F. "Animal Warden" shall mean the person appointed by the Otsego City Council to carry out the duties set forth in this ordinance and to enforce this ordinance. G. "Commercial Kennel" shall mean a place where more than three (3) dogs of over six (6) months of age are kept for purposes of breeding, sale or boarding. H. "Citation" shall mean a notice or complaint issued by the Animal Warden to the owner of any animal apprising said owner of one or more violations of this ordinance. I. "Veterinary Hospital" shall mean a place for the treatment, hospitalization, surgery, care and boarding of animals or birds, which place is owned and operated by a licensed veterinarian. J. "Under Restraint"- A dog is under restraint if it is on the premises of the person harboring or keeping the dog; if it is at heel beside a person having custody of it or obedient to that person's command; if it is within a private motor vehicle of a person owning, harboring or keeping the dog; or if it is controlled by a leash not exceeding six (6) feet in length. K. "Dog Kennel" shall mean any place, building, tract of land, boat or vehicle wherein or whereupon dogs or kept, congregated, or confined; such dogs having been obtained from municipalities, dog pounds, dog auction, or by advertising for unwanted dogs, or dogs abandoned or stolen. L. "Premises" shall mean any building, structure, shelter or land whereupon dogs are kept or confined. M. "Pound Master" shall mean the person or persons from time to time appointed by the Otsego City Council to carry out the duties of a pound master as defined by Minnesota Statutes or to enforce this ordinance or both. The Pound Master and Animal Warden may be the same person. N. "Public Nuisance Dog or Dogs" shall mean any dog which: 1. Are repeatedly found at large; 2. Damage the property of anyone other than its owner; 3. Is/are vicious animal(s); 4. Causes fouling of the air by odor; 5. Causes unsanitary conditions of enclosures or surroundings; 2 6. Are offensive or dangerous to the public health, safety or welfare; 7. Excessively make disturbing noises; 8. Molests passer(s) by or passing vehicles; 9. Attacks other domestic animals; 10. Has been designated by the Animal Warden to be a public nuisance dog or dogs by virtue of being a menace to the public health, welfare and safety. Section 3. Noisy Animals. Habitually Barking Dogs are hereby declared a public nuisance. No owner shall keep or harbor a Habitually Barking Dog within the City of Otsego. Section 4. Dangerous Dogs. "Dangerous Dogs" and "Potentially Dangerous Dogs" are defined and regulated by Minnesota Statutes §347.50 through §347.55. With regard to Dangerous Dogs and Potentially Dangerous Dogs, the City of Otsego recognizes Wright County as the "Animal Control Authority" within the meaning of Minnesota Statutes §347.50 subdivision 7. When the City learns of such dogs, it will contact and inform the Animal Warden and/or other appropriate authority. Section 5. Running at Large Prohibited. No Owner shall permit a dog to run at large within the City of Otsego and every owner of a dog shall cause the same to be: A. Confined to the owner's property by training, fencing, or leashing and females in heat shall be confined in an enclosure and so kept and confined therein during such entire period and until such dogs shall not attract other dogs on account thereof. B. While in any public place such as a school, playground, or a park to be on a leash, chain or cord of not more than six (6) feet in length and in the custody of a person of sufficient age to adequately control the dog at all times. C. While in all others areas such as on a public street or in an automobile, to be in the custody of a person of sufficient age to adequately control the dog at all times, and to keep said dog under control. Any dog found running at large may be impounded by the City as provided in this Ordinance and may be destroyed if not timely redeemed as provided in Section eight (8) below. Section 6. Leash and Control. The restrictions imposed by the preceding Section four (4) shall not prohibit the appearance of any dog upon the streets or public property when 3 such dog is on a leash and kept under the control of the accompanying person, or when the dog is not on a leash, but is under the immediate and complete control of the person charged with its care, either by voice control or other device. Section 7. Contract- Animal Catcher. The City Council is empowered to contract with an animal warden, animal pound keeper, a animal catcher and any other officers, including police officers and sheriff's deputies, necessary to enforce the provisions, terms and conditions of this ordinance. Section 8. Enforcement. The provisions of this ordinance shall be enforced by the Animal Warden or other designated person pursuant to policies established by the City Council. Section 9. Right of Entry. The Animal Warden or any other officer shall have the right to enter upon any premises at all reasonable times for the purpose of discharging the duties imposed by this ordinance where there is a reasonable belief that a violation of this ordinance has been committed. Section 10. License Required. All dogs kept, harbored or maintained by their owners in the City of Otsego shall be licensed and registered if over six months of age. Dog licenses shall be issued by the City Clerk or designee upon payment of a license fee of for each male or female and upon receipt by the Clerk of a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies in compliance with Section 10. Dogs which have been spayed or neutered may be eligible for a reduced license fee of upon presentation to the Clerk of a certificate or letter from a qualified veterinarian showing that the Dog has been spayed or neutered. Such license shall be for a whole or unexpired portion of the two (2) year period in which the same is issued and shall expire on March 1 of the second (2nd) year following. Section 11. Tag and Collar. Upon payment of the license fee, the City Clerk or designee shall provide and furnish, for each licensed dog, a metallic tag upon which there shall be stamped or engraved the registered number of the dog, the words "Otsego," and the year when licensed. Every Owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. In case a dog tag is lost or destroyed, a duplicate or new tag will be issued by the Clerk upon proof that such dog was licensed, and the payment of for such duplicate. Dog tags shall not be transferable from one dog to another and no refunds shall be made on any dog license fee because of death of the dog or the owners leaving the City before expiration of the license. 4 Section 12. Rabies Vaccination. No license shall be granted for a dog which has not been vaccinated for rabies with a modified live virus type of vaccine within 18 months prior to March of the license year for which application is made, or with a killed virus type vaccine within 3 months prior to March of the license year for which application is made. A certificate of vaccination or other statement to the same effect executed by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated shall be prima facie proof of the required vaccination. Section 13. Record. It shall be the duty of the Animal Warden or any other officer to keep the following records, subject to inspection by the City Council or their designated agents as set forth in the following paragraphs: A. Accurate and detailed records of the licensing, impoundment, and disposition of dog(s) coming into custody. B. Accurate and detailed records of all reported bite cases and investigations for a period of three (3) years. C. Accurate records of all citations issued for violations of this ordinance. D. Accurate and detailed records of all money collected and expended in the operation of the functions of the office. Section 14. Five (5) Day Notice. Any dog impounded under the provisions of this ordinance shall be kept in a pound for a period of at least five (5) days after a notice of such impounding has been posted in the City Hall. If the owner of the dog is known, then the City shall make reasonable effort to notify the owner of the impoundment. All impounded dogs shall be fed and treated in a humane manner. Section 15. Confinement. Every fierce, dangerous or vicious dog that has a history of biting a human or any domestic animal, shall be confined by the owner within a building or secure covered enclosure. Such dog(s) shall not be taken out of such building or secure, covered enclosures unless muzzled and on a leash. Section 16. Abandonment. It shall be unlawful to abandon any dog within the City of Otsego. Section 17. Impounding. A. The Animal Warden may seize or impound any dog found astray on public property or claimed to be astray by the owner of the premises upon which such dog may be found provided that the owner of the premises demands 5 such seizure or impoundment and agrees in writing to indemnify and hold harmless the City from any claims for damages by the owner of said dog. B. Upon taking and impounding any dog the Animal Warden shall within one (1) day thereafter post at the front door of the City Hall a Notice of Impoundment in the form established by the City Council. If the owner of the dog be known a written Notice of Impoundment, in lieu of posted notice, shall be served upon the owner either by mail or personal service. C. Disposition of such impounded stray shall thereafter be pursuant of the provisions of Section 19. Section 18. Diseased or Dangerous Dogs. A. Any dog displaying symptoms of being rabid may be seized at any place or time and shall be confined in the City dog pound, or other appropriate place designated for purpose by the City Council form time to time, at the expense of the owner, until found to be free from rabies. B. If any dog appears to be diseased, vicious, dangerous, rabid, or has been exposed to rabies, and such dog cannot be taken up and impounded within serious risk, such dog may be killed if reasonably necessary for the safety of any person or persons. C. When any dog has bitten any person, wherein the skin has been punctured or the service of a doctor are required, a report of the incident shall be made to the City by the owner or custodian of the biting animal, or the person bitten or his/her parent or guardian within twenty-four (24) hours of the bite. Section 19. Nuisance Animals. No person shall keep, own, harbor or otherwise posses within the City a dog which is a public nuisance animal as defined in this ordinance. Section 20. Disturbing the Peace. It shall be unlawful for any person to own, keep, have in his/her possession or harbor a dog by which frequent and habitual howling, yelping, barking or otherwise, shall cause serious annoyance or disturbance to persons or the neighborhood; provided, however, that the provisions of this ordinance shall not apply to duly authorized hospitals or clinics established and operating for the treatment of dogs. No warrant shall be issued except after written notice has been mailed or delivered to the occupant of the premises where such dog is kept or harbored advising that a complaint has been made about the dog and calling attention to the provisions of this ordinance. 2 Section 21. Commercial Dog Kennels. A. No person shall operate a commercial dog kennel in the City without first obtaining a permit. Applications for such permit shall be made to the City of Otsego and shall be accompanied by a permit. B. Commercial kennels shall be kept in a clean and healthful condition at all times and shall be open for inspection by duly authorized City authorities at any reasonable time. A commercial kennel permit may be revoked by the City by reason of the violation of this ordinance or any health or nuisance order, laws or regulations. C. No person shall own, harbor, or keep upon his premises more than three (3) dogs over the age of six months unless in a commercial kennel duly licensed under this section. Section 22. Animal Quarters and Commercial Kennels. A. Animal housing facilities and commercial dog kennel facilities shall be structurally sound and maintained in good repair. Indoor housing facilities should be adequately ventilated and have ample light and heat, either natural or artificial. B. Dogs kept outside shall be provided with access to shelter to protect them from the sun, rain and snow, together with adequate bedding when the temperature falls below 50 degrees Fahrenheit. C. If dogs are confined by chains, such chains shall be so attached that they cannot become entangled with the chains of other dogs or other objects. Chains will be of a size commonly used for the size of dogs involved and shall be attached to the dog by means of a well -fitted collar. Such chains shall be at least three times the length of the dog as measured from the tip if its nose to the base of its tail. D. Enclosure shall be of sufficient size to allow each dog to turn around fully and stand, sit, and lie in a comfortable, normal position. The floors of the enclosure shall be constructed so as to prevent injury to the dog's legs and feet. E. The temperature for indoor housing facilities shall not be allowed to fall below 50 degrees Fahrenheit for dogs not accustomed to lower temperatures. F. Disposal facilities shall be provided to minimize vermin, infestation, odors and disease hazards. G. Adequate storage and refrigeration shall be provided to protect food supplies against contamination and deterioration. Section 23. Redemption of Animals, Unclaimed Animals Disposal and Cost of Impoundi g. The City, upon the impounding of any dog, may condition redemption of said dog from impounding upon payment of the required impounding fee as duly set by the City Council from time to time, plus the cost of boarding for each day said dog has been confined in said pound. Payment to said impoundment facility for rabies vaccination, if needed, shall also be paid. If at the end of five (5) days after said impounding, the dog has not be redeemed, it may be sold at private sale, or the keeper of the pound may dispose of the dog in a humane manner or pursuant to the terms of Minnesota Statutes, Section 35.71. Section 24. Safety of Person(s) Enforcing this Ordinance. The animal catcher or any other duly designated officer or agent of the City is hereby empowered and authorized to kill any dog found in violation of this ordinance if said dog cannot be safely taken up and impounded. Section 25. Interference with Officers. It shall be unlawful for any unauthorized person to break open the pound or attempt to do so, or to take or let out any dogs therefrom, or to take or attempt to take from any officer or agent, any dog taken up by him in compliance with this ordinance or in any manner to interfere with or hinder such officer or agent in the discharge of his duties under this ordinance. Section 26. Penalty. Any person, association, firm, corporation or other legally recognized entity violating any of the provisions of this ordinance shall be guilty of a misdemeanor punishable by up to the maximum sentence allowed by law for such offense, plus cost of prosecution, unless the City Council has by resolution, which may be amended from time to time, set a fine schedule for particular offenses hereunder. If the City Council has set a fine schedule for particular offenses hereunder, then sentences for such violations shall be imposed consistent with said fine schedule. Any dog determined to have violated the provisions of this ordinance may be impounded, subject to the terms and provisions of this ordinance and other applicable law. Section 27. Repealer. Ordinance number 2 (Town of Otsego) is hereby repealed and replaced by this Ordinance. ADOPTED by the City Council of the City of Otsego this 2003. IN FAVOR: OPPOSED: This ordinance shall be effective upon passage and publication according to law. Judy Hudson, City Clerk ,\Bo,c\EM%a%Dog Ordmm"o1 fim4 variim.dm 6 CITY OF OTSEGO Larry Fournier, Mayor day of ITEM 9..1_A_ RESOLUTION NO. 2003-22 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION NOTING INTENT TO BOND IN 2003 FOR THE OTSEGO WEST WASTEWATER TREATMENT PLANT AND WATER SYSTEM, THE 85TH STREET IMPROVEMENT, AND OTHER CITY IMPROVEMENTS WHEREAS, the City Council of the City of Otsego has determined that there is a need for a wastewater treatment plant and water system in West Otsego, and a need for the improvement of 85th Street and Page Street; and, WHEREAS, The City Council of the City of Otsego has previously indicated its intent to bond for additional improvement projects such Waterfront Sewer, Water, Street, Storm sewer, and Traffic Light; 85th Street Extension, and the Phase II expansion of the East Otsego Wastewater Treatment Plant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO, MINNESOTA: 1. That the City of Otsego's intent to bond is now proclaimed for all to know. 2. That staff is ordered to begin all necessary preparations to sell bonds. Dated this 10th day of March, 2003 ATTEST: Judy Hudson, City Clerk CITY OF OTSEGO Larry Fournier, Mayor ITEM 9_7_B_ RESOLUTION NO. 03-23 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION SETTING CITY FEES FOR A VARIETY OF SERVICES FOR 2003 WHEREAS, the Otsego City Council has the authority under Minnesota state law to set appropriate fees for City services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO, MINNESOTA: 1. That the following fees for City services are hereby deemed appropriate. East Otsego Sewer Access Charge (SAC) Sewer Plant Charge $3,040 Sewer Trunk Charge $2,310 Total SAC $5,350 East Otsego Water Access Charge (WAC) $3,150 Street Access Charge Collectors (Sandy Soils) $ 980/lot Collectors (Clay Soils) $1,140/lot PLANNING REVIEW FEES Base Escrow Rezoning/Text Amendment $200 $ 600 Interim Use Permit $200 $ 400 Conditional Use Permit Single Family Other Appeal Administrative 1 Per 40 Major Subdivision Total $ 800 $ 600 $200 $ 600 $ 800 $200 $ 800 $1,000 $150 $ 400 $ 550 $200 $ 200 $200 $2,800 $3,000 ITEM 9 -2 -A - CLEAN UP DAY SATURDAY MAY 3, 2003 8 ANI TO 1 Pill CITY PAYS RESIDENTS PAY Appliances $11.00 $13.00 (same as last year) (same as last year) Residential Air Conditioners $21.00 S25.00 (increase of (increase of $5.00 from last year) $8.00 from last year) Microwaves, humidifiers, de -humidifiers No charge (same as last year) Tires Car Tires $2.00 (increase of $1.00) $2.00 (increase of S 1.00) Light Truck $3.00 S3.00 (same) Large Truck $7.00 $7.00 (same) Tractor Tires $25 to $40.00 $25.00 to $40.00 (same) Inner Tubes/Bike Tires Motorcycle Tires $.50 $1.00 (same) Randy's Sanitation $185.00 a pull Scrap Metal No charge The City is reimbursed for the scrap metal. Demcon Disposal $135.00 (same) No Charge Disposal of household goods Northern Batteries (new this year) Batteries (vehicle) Will pick up for No charge No Charge Elk River Landfill $43 a ton for household junk No charge Computers/Monitors/CPU; Printers $10.00 each (same) Mattresses, Box Springs $10.00 each (same) Sofas, Recliners, any spring item $4.00 $ 5.00 each (same) (same as last year) Thank you. SEE YOU MAY 3""!�!!!!"!!'! Judy Hudson