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06-10-02 CCCLAIMS LIST CITY COUNCIL MEETING JUNE 10, 2002 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 5-30-2002 $ 17,021.75 6-03-2002 $115,600.81 6-06-2002 $186,712.80 GRAND TOTAL $319,335.36 If you have any questions or if you would like to review this list further, please let me know. Kathy Grover Bookkeeper CIITY OF OTSEGO 06/06102 9:34 AM *Check Summary Register@ Page I JUNE 2002 FILTER: None Name Check Date Check Amt 10100 BANKOFELKRIVER UnPaid AFFORDABLE SANITATION UnPaid AGGREGATE INDUSTRIES $172.92 UnPaId BANK OF ELK RIVER -1 $150.68 UnPaid BEAR ALARMS $50.00 UnPaid BOISE CASCADE OFFICE PRODUCTS $133.13 UnPaid BOYER TRUCKS $918.17 UnPaid CARLSON TRACTOR & EQUIP. Co. $34.34 UnPaid CHRISTIAN BUILDERS INC $59-96 UnPaid DARLENE SOLBERG $1,000.00 UnPaid DAVID CHASE $242.12 UnPaid EARL F ANDERSON INC $30.00 UnPaid ECM PUBLISHERS INC $1,163.58 UnPaid ELK RIVER PRINTING & PARTY PLU $668,60 UnPaid FENNA HOMES $402.57 UnPaid FINKEN'S WATER CARE $1,000.00 UnPaid GLENS TRUCK CENTER INC $155-82 UnPaid GOVERNMENT TRAINING SERVICE $166.65 UnPaid HAKANSON ANDERSON ASSOC INC $207.00 UnPaid HOMES PLUS $90,884.54 UnPaid ICMA RETIREMENT TRUST $1,000.00 UnPaid JERRYOLSON $422.31 UnPaid KNUTSON RICK $39,680-39 UnPajd LINDA NELSON $30.00 InPaid LONG & SONS $24.75 UnPaid MN DEPT OF PUBLIC SAFETY $470.72 UnPaid NAPA OF ELK RIVER INC $100.00 UnPaid NOVAK-FLECK INC $109.05 UnPaid PRINCIPAL FINANCIAL GROUP $1,000.00 UnPaid PUBLIC EMPLOYEES RETIREMENT FD $480.12 UnPaid RANDYS SANITATION $1.365-92 UnPajd ST JOESPHS EQUIPMENT INC $101.45 UnPaid STS CONSULTANTS LTD $167.38 UnPaid SUPERIOR LAWN & SNOW $1,151,00 UnPaid USINTERNET $2,458-02 UnPajd WRIGHT COUNTY AUDITOR -TREASURE $49.95 UnPaid WRIGHT COUNTY HIGHWAY DEPT $40,636.66 $25.00 Total Checks $186.712.80 FILTER: None CITY OF OTSEGO 06/06/02 9:34 AM Page I *Check Detail Reqister@ JUNE 2002 Check Arnt invoice Comment 10100 BANKOFELKRIVER Unpaid AFFORDABLE SANITATION E 201-45000-410 Rentals (GENERAL) $172-92 206052 HC UNIT Total AFFORDABLE SANITATION $172.92 Unpaid AGGREGATE INDUSTRIES E 101-43100-370 Sand andGravel $80-81 1671591 GRAVEL E 101-43100-370 Sand anclGravel $69.87 1672489 GRAVEL Total AGGREGATE INDUSTRIES $150.68 Unpaid BANK OF ELK RIVER -1 E 101-41400-410 Rentals (GENERAL) $50.00 SAFE DEPOSIT BOX RENTAL Total BANK OF ELK RIVER -1 $50.00 Unpaid BEAR ALARMS E 601-49400-390 Contracted Swtices $133.13 1630 FIRE ALARM Total BEAR ALARMS $133.13 npaid BOISE CASCADE OFFICE PRODUCTS E101-41400-570 Office Equip and Furnishings $750.79 318616 FILES E101-41400-201 OfficeSuppligs $167.38 519572 OFFICE SUPPLIES Total 1301SE CASCADE OFFICE PRODUCTS $918.17 Unpaid BOYERTRUCKS .. ....... . .................... E101-43100-220 Repair/Maint Supply (GENERAL) $34.34 14104R 92 FORD TRK Total BOYER TRUCKS $34.34 Unpaid CARLSON TRACTOR & EQUIP. Co. E101-43100-220 Repair/Maint Supply (GENERAL) -----1§9.96 2006433 COVER Total CARLSON TRACTOR & EQUIP. Co. $59.96 Unpaid CHRISTIAN BUILDERS INC E 702-41400-310 Miscellaneous $1,000.00 7830 PARK AVE LNDSCP REFUND Total CHRISTIAN BUILDERS INC $1,000.00 DARLENE SOLBERG G 701-22305 D SOLBERG CUP 02-07 $242.12 ESCROW REFUND Total DARLENE SOLBERG $242.12 Unpaid DAVID CHASE E 101-43100-320 Telephone $30.00 JUNE CELL PHONE Total DAVID CHASE $30.00 'U'n'paid EARL F ANDERSON INC E 101-43100-393 Street Signs $1,163.58 — 47385 STREET SIGNS Total EARL F ANDERSON INC $1,163.58 Unpaid ECM PUBLISHERS INC E 101-43620-390 Contracted Ser�jces E 101-41400-347 Newsletter $248.85 $379.68 E 101-41400-350 Print/Binding (GENERAL) $40.07 129525 Total ECM PUBLISHERS INC $668.60 .paid ELK RIVER PRINTING & PARTY PLU INV 127854 & 12862 INV 127854 & 12862 NOTE OF PH ARCON E 101-41400-350 Print/Binding (GENERAL) $402.57 — 015341 LETTER H EAD/ENVELOPS Total ELK RIVER PRINTING & PARTY PLU . $402.57 Unpaid FENNA HOMES E 702-41400-310 Miscellaneous $1,000.00 8174 PADGETT LNDSCP REFUND CITY OF OTSEGO 06/06/02 9:34 AM Page 2 *Check Detail Reqister@ JUNE 2002 Check Arnt Invoice Comment Total FENNIA HOMES $1,000.00 Unpaid FINKEN'S WATER CARE E 101-41940-390 ContractqdServices $20.25 CITY HALL E 101-41950-310 Miscellaneous $26.50 HEADSTART E 101-41950-310 Miscellaneous $29.82 13620 90TH ST E 101-43100-310 Miscellaneous $79.25 13474 95TH ST Total FINKEN'S WATER CARE $155.82 GLENS TRUCK CENTER INC E101-43100-220 Repair/Maint Supply (GENERAL) $62.56 221210077 POWER UNITS E101-43100-220 Repair/Maint Supply (GENERAL) $70.38 221220046 POWER UNITS E101-43100-220 Repair/Maint Supply (GENERAL) $19-44 221280057 92 FORD TRK E 101-43100-220 Rqpair/MaJnt Supply (GENERAL) $14.27 221480042 81 TRK Total GLENS TRUCK CENTER INC $166.65 Unpaid GOVERNMENT TRAINING SERVICE E 101-41400-360 Education/Training/Conferences $207.00 9902 MCMA CONF MIKE Total GOVERNMENT TRAINING SERVICE $207.00 Unpaid HAKANSON ANDERSON ASSOC INC G 701-22312 FEMAFLOODAREAPARISH $395-95 5691 FEMA PARRISH E 101-43100-302 Engineering Fees $210.00 5692 PUBLIC WORKS E 101-41560-302 Engineering Fees $371.90 5693 STAFF MEETING G 701-21940 The'Point 1 & 2' - Big Ed's $1,848.51 5695 THE POINTE G 701-21958 Crimson Ponds 111 $513.76 5696 CRIM POND 4 E 101-43100-302 Engineering Fees $1,279.50 5697 02 ROAD MAI NT E 435-43100-302 Engineering Fees $490.00 5698 85TH ST FEASIBILITY E 101-41560-302 Engineering Fees $75.00 5699 MISC DEV REVIEW G 701-22307 Specht $75-00 5699 SPECHT G 701-22316 WATKINS $262.50 5699 CROW RIVER G 701-22314 BARTHELFEEDLOT $312.59 5699 BARTHEL G 701-22315 OTSEGO MEADOWS GOLF $75.00 5700 OTSEGO MEADOWS G 701-21993 Otsego Farms $1,608.01 5701 OTSEGO FARMS G 701-21915 Crimson ponds/Backes 99-7 $365.07 5702 CRIM POND 1 G 701-21946 Crimson Ponds 2nd $365.07 5702 CRIM POND 2 G 701-21980 Hidden CreGk Trail Subd $51.73 5703 HIDDEN CREEK G 701-21936 Mississippi Pines PUD 00 $112.50 5704 MISSISSIPPI PINES G 701-21987 Baureiy site Plan Review $146.01 5705 BAUERLYS G 701-21938 TMH Development $2.091.78 5706 TODAY G 701-21942 Ranch Acres $681.20 5707 RANCH ACRES G 701-21958 Crimson Ponds 111 $202.82 5708 CRIM POND 3 G 701-22308 Verizon $85.95 5709 VERIZON G 701-21977 Stone Gate 2nd $233.82 5710 STONEGATE2 E 406-43100-302 Engineering Fees $315.00 5711 EASEMENT LEFEBVRE CREEK G 701-21961 Pheasant Ridge #rd & 4th $357.51 5712 PHEAST RID 4 E415-43251-500 Capital Outlay (GENERAL) $7,515.72 5713 85TH PARK/PADGETT G 701-21927 0. Thompson CUP 99-18 $6,154.38 5714 RIVERPOINTE E 415-43251-302 Enginewing Fees $210.00 5715 TRUNK SS 98.04 G 701-22304 OTSEGO WATERFRONT $300.00 5717 OTSEGO WATERFRONT E 415-43251-302 Engineering Fees $181.56 5718 TRUNK SS 98.04 E 101-41400-348 Maps $2,029.04 5722 CITY MAP E 101-41560-302 Enginewing Fees $1,233.48 5723 MISC ENGINEERING E 423-43100-302 Engineering Fees $53,534.18 5725 QUADAY 91 ST STREET E 101 -43100-302 Engineering Fees $7,200.00 5726 TRAFFIC 42 & 39 Total HAKANSON ANDERSON ASSOC INC $90,884.54 Unpaid HOMES PLUS CITY OF OTSEGO 06/06/02 9:34 AM Page 3 *Check Detail Reqister(D JUNE 2002 Check Amt Invoice Comment E 702-41400-310 Miscellaneous $1,000.00 _M 15055 82ND CIR LNDSCP REFUND Total HOMES PLUS $1,000.00 Unpaid [CMA RETIREMENT TRUST G 101-21705 Other Retirement $230.00 PPE 5/26 CK 5129 E 101-41400-121 PERA $192.31 PPE 5/26 CK 5/29 Total ICMA RETIREMENT TRUST $422.31 JERRY OLSON . . . . ......... E 250-42410-390 Contracted Services ($449.52) CREDIT APRIL PERMITS E 250-42410-390 Contracted Services $40,129.91 MAY PERMITS Total JERRY OLSON $39.680.39 Unpaid KNUTSON RICK E 101-43100-320 Telephone $30.00 JUNE CELL PHONE Total KNUTSON RICK $30.00 LINDA NELSON ................................. R250-32260 BUILDING PERMITS $24.75 REFUND - OVERCHARGE ON PERMIT Total LINDA NELSON $24.75 Unpaid LONG & SONS E101-41940-389 CleaningServices $428.73 MAY CLEANING E 101-41940-203 Supplies - General $41.99 LINERS Total LONG &SONS $470.72 MN DEPT OF PUBLIC SAFETY E601-49400-220 Repair/Maint Supply (GENERAL) $100.00 86999000301 HAZARD CHEM FEE Total MN DEPT OF PUBLIC SAFETY $100.00 Unpaid NAPA OF ELK RIVER INC E101-43100-220 Repair/Maint Supply (GENERAL) $3.50 921143 MISC TOWELS E101-43100-220 Repair/Maint Supply (GENERAL) $20.21 922153 92 FORD TRK E101-43100-220 Repair/Maint Supply (GENERAL) $85.34 9"944 93CASETRACTOR Total NAPA OF ELK RIVER INC $109.05 Unpaid NOVAK-FLECK INC . ........................................... E702-41400-310 Miscellaneous $1,000.00 15410 81 ST CRT REFUND Total NOVAK-FLECK INC $1,000.00 Unpaid PRINCIPAL FINANCIAL GROUP E 101-41400-123 Heafth $256.87 ADMIN - JUNE E 101-43100-123 Health $223.25 P/W - JUNE Total PRINCIPAL FINANCIAL GROUP $480.12 PUBLIC EMPLOYEES RETIREMENT FID ......... ......... ........ ...... E 101-41550-121 PERA $110.60 PPE 5/26 CK 5129 E 101-41400-121 PERA $298.79 PPE 5/26 CK 5/29 E 101-43100-121 PERA $301.18 PPE 5/26 CK 5/29 G 101-21704 PERA $655.35 PPE 5/26 CK 5/29 Total PUBLIC EMPLOYEES RETIREMENT FD $1,365.92 npaid RANDY'S SANITATION E 10 1-41940-325 Garbage Service $58.65 CITY HALL GARBAGE E101-43100-325 GarbageService $42.80 SHOP/MAINT BLDG Total RANDY'S SANITATION $101.45 ST JOESPHS EQUIPMENT INC ............... E101-43100-220 Repair/Maint Supply (GENERAL) $167.38 V105225 BATTERY/CORE CITY OF OTSEGO 06/06/02 9:34 AM *Check Detail Register@ Page 4 JUNE 2002 FILTER: None Total ST JOESPHS EQUIPMENT INC fheCkAmt $167.38 Invoice Comment Unpaid STS CONSULTANT'S LTD E415-43251-500 Capital Cutlay (GENERAL) $1,151 .00 230078 85TH ST WATERMAIN Total STS CONSULTANT'S LTD $1,151.00 n S ERIOR LAWN & SNOW ........ .. . ...... E 601-49400-390 Contracted Swvices $150-00 269 WATER TOWER E 101-45200-390 Contracted Services $479.00 269 BALL FIELDS E 101-41940-390 Contracted Services $450-02 269 CITY HALL E 101-45200-390 Contracted Services $352.00 269 PRAIRIE PARK E 601-49400-390 Contracted Swvices $276-00 269 PUMP HOUSE E 101-45200-390 Contracted Services $216-00 269 S WOODS/SWALE E 101-41940-390 Contracted Services $100-00 269 ODEAN E 101-41940-390 Contracted SwAces $80-00 269 78TH ST BIKE PATH E 101-41940-390 Contracted Servicqs $50-00 269 KADLER BIKE PATH E 10 1 -41940-390 Contracted Services $49.00 269 OAKWOOD E 601-49400-390 Contracted Services $20-00 269 CITYWELL E 101-41950-310 Miscellaneous $236-00 269 OLD CITY HALL Total SUPERIOR LAWN & SNOW $2,458.02 npaid US INTEWNjj_ E101-41400-390 Contracted SwAces $49-95 418683 MONTHLY DIAL/WEB Total US INTERNET $49.95 E101-42100-390 Contracted Services $40,636.66 MAY -JUNE PATROL Total WRIGHT COUNTY AUDITOR -TREASURE $40,636.66 Unpaid WRIGHT COUNTY HIG�Wii"D_Ep E 101-43100-310 Miscellaneous - $25-00 3369 1ST QTR UTILITY PERMIT Total WRIGHT COUNTY HIGHWAY DEPT $25.00 10100 BANKOFELKRIVER $186,712.80 FILTER: None CITY OF OTSEGO 06/03/02 9:26 AM Page 1 *Check Summary Register@ JUNE 2002 Name Check Date Check Amt 10100 BANKOFELKRIVER UnPaid VOLK SEWER & WATER INC $115,600.81 Total Checks $115,600.81 FILTER: None CITY OF OTSEGO 06/03/02 9:26 AM Page I *Check Detail Register@ JUNE 2002 Check Amt Invoice Comment 10100 BANIKOFELKIRIVER Unpaid VOLK SEWER & WATER INC E 415-43251-500 Capital Outlay (GENERAL) $115,600.81 85TH PADGETT TO PARK Total VOLK SEWER &WATER INC $115,600.81 10100 BANKOFELKRIVER $115,600.81 FILTER: None CITY OF OTSEGO 05/30/02 1:52 PM Page I *Check Summary Register@ MAY 2002 Name Check Date Check Amt 10100 BANKOFELKRIVER UnPaid BANK OF ELK RIVER -1 $6,480.05 UnPaid DRAKE CONSTRUCTION, INC. $1,000.00 UnPaid EARL F ANDERSON INC $193.38 UnPaid ECM PUBLISHERS INC $207.41 UnPaid GME CONSULTANTS, INC. $2,713.00 UnPaid GRANITE CITY LEASING INC $34.02 UnPaid HOMES PLUS $1.000.00 UnPaid KJOLHAUG ENVIRONMENTAL SER CO $510.00 UnPaid KNISLEY CONSTRUCTION INC $1,000.00 UnPaid LEAGUE OF MN CITIES $630.00 UnPaid MCFOA $40.00 UnPaid MONARCH HOMES, INC. $1,000.00 UnPaid PITNEY BOWES $519.00 UnPaid WRIGHT COUNTY HIGHWAY DEPT $1,694.89 Total Checks $17,021.75 FILTER: None CITY OF OTSEGO 05130/02 1:52 PM Page 1 *Check Detail Register@ MAY 2002 Check Amt Invoice Comment 10100 BANKOFELKIRIVER Unpaid BANK OF ELK RIVERA E101-41940410 Rentals (GENERAL) $6,480.05 LOAN 6314000001 Total BANK OF ELK RIVER -1 $6,480.05 Unpaid DRAKE CONSTRUCTION, INC. E 702-41400-310 Miscellaneous $1,000.00 15055 78TH WAY REFUND Total DRAKE CONSTRUCTION, INC. $1,000.00 Unpaid EARL F ANDERSON INC E 101-43100-310 Miscellaneous $193.38 47279 TRAFFIC DELINEATOR Total EARL F ANDERSON INC $193.38 Unpaid ECM PUBLISHERS INC E 101-41400-350 Print/Binding (GENERAL) $49.26 128898 NOTE OR PH -CHURCH E 10141400-350 Print/Binding (GENERAL) $59.63 128900 NOTE PH PH - GRENINGER E 10141400-350 Print/Binding (GENERAL) $49.26 128901 NOTE OF PH - WATKINS E 10141400-350 Printl8inding (GENERAL) $49.26 128902 NOTE OF PH LANDCOR Total ECM PUBLISHERS INC $207.41 Unpaid GME CONSULTANTS, INC. E 44543100-302 Engineering Fees $2,713.00 13731 SOIL BORINGS OTSEGO WATERFRONT Total GME CONSULTANTS, INC. $2,713.00 i�aid - . GRANITE CITY LEASING INC E101-41400-413 Office Equipment Rental $34.02 15 TOSHIBA FAX Total GRANITE CITY LEASING INC $34.02 Unpaid HOMES PLUS E 702-41400-310 Miscellaneous $1,000.00 8115 PADGETT REFUND Total HOMES PLUS $1,000.00 Unpaid KJOLHAUG ENVIRONMENTAL SER CO E 406-43100-390 Contracted Services $510.00 50267 DELINEATION Total KJOLHAUG ENVIRONMENTAL SER CO $510.00 Unpaid KNISLEY CONSTRUCTION INC E 702-41400-310 Miscellaneous $1.000.00 8246 PARELL REFUND Total KNISLEY CONSTRUCTION INC $1,000.00 Unpaid LEAGUE OF MN CITIES E 101-41400-360 Educationfrraining/Conferences $315.00 1-00010967 MIKE R REGISTRATION E 101-41100-360 Educadon/Training/Conferences $315.00 1-00010967 SUZANNE - REGISTRATION Total LEAGUE OF MN CITIES $630.00— Unpaid MCFOA E 101-41400-355 Dues & Memberships $40.00 JUDY - MEMBERSHIP Total MCFOA $40.00 Unpaid MONARCH HOMES, INC. E 70241400-310 Miscellaneous $1,000.00 15265 81ST CRT REFUND Total MONARCH HOMES, INC. $1,000.00 Unpaid PITNEY BOWES E 101-41400-206 Postage $519.00 POSTAGE Total PITNEY BOWES $519.00 Unpaid WRIGHT COUNTY HIGHWAY DEPT E 101-43100-393 Street Signs $161.62 3382 POSTS CITY OF OTSEGO 05/30/02 1:52 PM Page 2 *Check Detail Register@ MAY 2002 Check Amt Invoice Comment E 101-43100-310 Miscellaneous $187.96 3383 SAFETY VESTS EIOI-43100-372 Salt&Sand $1,345.31 3384 SALT/SAND Total WRIGHT COUNTY HIGHWAY DEPT $1,694.89 10100 BANKaFELKRIVER $17,021.75 FILTER: None ITEM 5.2. "alkir"WaST ASSOCIAtab CQ"SUL1rA"-tS* 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: 6 June 2002 RE: Otsego - Crow River Rental; Flood Fill CUP FILE NO: 176.02 - 02.15 Please be advised that the Planning Commission held a public hearing to consider the request to fill approximately 2.5 acres of the flood fringe area of the Crow River on the Crow River Rental site located at TH 101 and CSAH 36. Staff reported the City Engineers findings that the plans were found to be in order and that the DNR has found that the fill will not negatively impact flood elevations on downstream properties. The City Engineer did note that the property owner must still seek a Letter of Map revision from the Army Corps of Engineers to formally remove the property from the floodplain. The applicant had no comments and none were received from the public. The Planning Commission had no additional discussion. The Planning Commission voted 7-0 to recommend approval of the application following the public hearing. Findings consistent with this recommendation are attached for consideration by the City Council at their meeting on 10 June 2002 at 6:30PM pc. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Darrel Watkins Dwight Gunnarson CITY OF 0 T S E G 0 WRIGHT COUNTY, MINNESOTA APPLICANT: Darrell and Bonnie Watkins 06-05-02 FINDINGS & DECISION Conditional Use Permit APPLICATION: Request for a conditional use permit to allow filling of more than 50 cubic yards within the FP, Floodplain Overlay District. CITY COUNCIL MEETING: 10June2002 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: 1 . The legal description of the property is attached as Exhibit A. 2. The property lies within the Sanitary Sewer Service District and is guided for industrial land uses by the Otsego Comprehensive Plan, as amended. 3. The property is zoned A-1, Agriculture Rural Service Area. Portions of the property are also within the FP, Floodplain Overlay District which includes land within the 100 -year floodplain of the Crow River. 4. The applicant is proposing to fill approximately 2.48 acres of the 1 00 -year floodplain to increase the buildable area of the property. 5. Sections 20-23-1 and 20-24-1 of the Zoning Ordinance require a conditional use permit for adding land fill in excess of 50 cubic yards or altering more than 50 cubic yards of land by grading action. 6. The Planning Commission and City Council must take into consideration the possible effects of the PUD District and PUD Development Plan with their judgement based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: A. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The Comprehensive Plan requires strict adherence to all floodplain regulations to protect life, property, and general welfare. The request to fill the floodplain has been prepared in accordance with 'applicable requirements and will result in a larger building area on the subject site for a potential redevelopment project These actions are consistent with the Comprehensive Plan. B. The proposed use's compatibility with present and future land uses of the area. Finding. The subject site is isolated at the southwest comer of TH 101 and CSAH 36. Anyf future redevelopment of the site will be reviewed for compatibility with surrounding properties and the Crow River. C. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Page 1 of Finding: The City Engineer has found that the proposed action will conform to all applicable requirements and performance standards. D. The proposed use's effect upon the area in which it is proposed. Finding: The City Engineer and DNR have determined that the proposed action will not negatively impact downstream properties. No other negative impacts are expected. E. The proposed use's impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. F. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: Traffic generated by the proposed use will be within the capacity of streets serving the area based upon any modifications required as part of the overall PUD Development Plan. G. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Finding: The proposed use is not anticipated to have a negative impact to the City's service capacity particularly with regards to flood protection. 7. The memorandums dated 17 April 2002 and 29 May 2002 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. 8. The Otsego Planning Commission conducted a public hearing at their regular meeting on 3 June 2002 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 a7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the requested conditional use permit is hereby approved based on the most current plan and information received to date. PASSED by the Otsego City Council this 10th day of June, 2002. Attest: CITY OF OTSEGO 0 Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk Page 2 ITEM 6. 1. Halkir"WIts"t ASSOCIATRID 'CONSULTAN"Its" 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: 6 June 2002 RE: Otsego - Church of the LIDS NAC FILE: 176.02 - 02.17 The Planning Commission held a public hearing on 3 June 2002 to consider the request for rezoning and site plan review to construct a meeting house for the Church of Jesus Christ of Latter Day Saints (LDS). The applicant was present at the meeting and said that they were . in agreement with City Staff on the conditions of approval.. Ms. Betty Benson asked why a rezoning of the property from A-1 District to INS District was being considered when the property was only recently platted for a hobby farm development. A property owner may request consideration of a Zoning Map amendment at any time. The City bases its response to such requests on the criteria outlined in Section 20-3-2.F of the Zoning Ordinance and the policies of the Comprehensive Plan. The Planning Report from our office evaluating the application includes comments addressing these criteria. The property owner immediately to the east of the subject site also in attendance and said that they are concerned about the impacts of parking lot lights on their property. The compatibility of the proposed meeting house and the property to the east is a primary issue raised in the Planning Report. Staffs recommendation is that all exterior lights be hooded with a 90 -degree cutoff to better direct lights. The applicant must provide a photometric light plan showing that light from the fixtures does not spill over to adjacent property. We will also work with the applicant to revise the landscape plan to provide a complete screen between the two uses. After closing the public hearing, the Planning Commission voted 7-0 in separate motions to approve the rezoning and site plan subject to the conditions outlined below and on the attached findings. The applications will be considered at the 10 June 2002 City Council meeting at 6:30 PM. Decision 1 - Zoning Map Amendment A. Motion to approve a Zoning Map amendment to rezone Lot 1, Block 1 of Hidden Creek Trails from an A-2 District to an INS District designation based on a finding that the request is consistent with the Comprehensive Plan. B. Motion to deny the request based on a finding that it is inconsistent with the Comprehensive Plan and Zoning Ordinance. C. Motion to table the request. Decision 2 - Site and Building Plans A. Motion to approve site and building plans for development of a religious institution on Lot 1, Block 1 of Hidden Creek Trails, subject to the following conditions: 1. Landscaping is to include proper screening using trees including staggered spruce trees to provide a buffer between the parking lot and the residence that lies to the east of the property, subject to approval of City Staff. 2. The site plan is revised to provide a maximum curb cut width of 24 -feet for both entrances along Naber Avenue. 3. The site plan is revised to provide six disability accessible parking stalls and parking stall and aisle sizes in accordance with Section 21 of the Zoning Ordinance. 4. A photometric plan showing the illumination of all lighting upon the site plan is submitted, subject to approval of City Staff. 5. All exterior signage shall conform to the provisions of Section 37 of the Zoning Ordinance. 6. The trash enclosure and accessory building are to be built with materials comparable to the principal building. 7. All grading, drainage, and utility plans shall be subject to review and approval of the City Engineer. B. Motion to deny the request based on a finding that it is inconsistent with the Comprehensive Plan and Zoning Ordinance. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner David Allsop, Church of the LIDS 2 CITIf OF 06-06-02 0 T S E G 0 FINDINGS & DECISION WRIGHT COUNTY, MINNESOTA REZONING APPLICANT: Church of Jesus Christ of the Latter Day Saints APPLICATION: Request to rezone Lot 1, Block 1 of Hidden Creek Trails from A-2 District to INS, Institutional District to allow for development of a religious facility. CITY COUNCIL MEETING: 10 June 2002 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: 1. The legal description of the property is Lot 1, Block 1 of Hidden Creek Trails. 2. The property lies Wthin the Urban Service Area Reserve and is guided for agriculture land uses by the Otsego Comprehensive Plan, as amended. 3. The property is zoned A-2, Agriculture Long Range Urban Service District. The applicant is requesting rezoning to INS, Institutional District to allow for development of a religious facility, which is a permitted use in said District. 4. The Planning Commission and City Council must take into consideration the possible effects of the PUD District and PUD Development Plan with their judgement based upon (but not limited to) the* criteria outlined in Section 20-3-2.F of the Zoning Ordinance: A. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: a. The Comprehensive Plan discourages removal of land from tax rolls. This is not a tax paying land use, therefore developing it a the the requested site reserves land within the SSSD for tax paying uses. (Comprehensive Plan, Policy Plan p. 35) b. This location preserves land and sewer capacity within the SSSD while providing important community facilities. Land and sewer capacity are /eft within the SSSD for uses that would help pay for the sewer use, yet a facility is built that enhances the community� C. Also provides a transitional use. Being that this use is upon a large lot, it separates the denser urban development from the agricultural area within the City. d. Therefore, the rezoning is consistent. The above stated criteria demonstrate a positive momentum for rezoning the land and allowing the use. B. The proposed use's compatibility with present and future land uses of the area. Finding: As a land use, the placement of this site between urban and rural or agriculture areas creates a boundary that reinforces the concept of land use transition by presenting a gradual intensification of uses between the less intensive farming and urban uses.. Page 1 of C. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The proposed use will conform with all applicable performance standards and any conditions of approval. D. The proposed use's effect upon the area in which it is proposed. Finding: This specific type of use is beneficial in regards to gradual intensification from urban to rurallagricultural uses. The building design and landscaping will serve to mitigate potential negative impacts to adjacent residential uses E. The proposed use's impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. F. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: The subject property is served by CSAH 39 and Naber Avenue. CSAH39isaminor arterial and NaberAvenue is a local street. Turn lanes were added to CSAH 39 when Naber Avenue was constructed. These roadways will have adequate capacity to handle traffic generated by the proposed use. G. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Finding: The proposed use is not anticipated to have a negative impact to the City's service capacity. 5. The planning report dated 30 May 2002 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 6. The memorandum dated 3 June 2002 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. 7. The Otsego Planning Commission conducted a public hearing at their regular meeting on 3 June 2002 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 requested Zoning Map amendment rezoning Lot 1, Block 1 of Hidden Creek Trails from an A-2 District to INS District classification is hereby approved based on the most current plan and information received to date. Page 2 PASSED by the Otsego City Council this 10th day of June, 2002. CITY OF OTSEGO By: Larry Fournier, Mayor Attest: Judy Hudson, Zoning Administrator/City Clerk Page 3 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 PROPERTY TO BE DEVELOPED FOR THE CHURCH OF JESUS CHRIST OF THE LATTER DAY SAINTS. 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 as Lot 1, Block 1 of Hidden Creek Trails (the "property"). Section 2. The property is hereby rezoned from an A-2, Agricultural Long Range Urban Service District designation to an INS, Institutional designation. Section 3. 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 4. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 10th day of June 2002. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk CITY OF 0 T S E G 0 WRIGHT COUNTY, MINNESOTA APPLICANT: Church of Jesus Christ of the Latter Day Saints 06-06-02 FINDINGS & DECISION SITE AND BUILDING PLAN REVIEW APPLICATION: Request for site and building plan review for development of a 16,600 square foot religious facility on Lot 1, Block 1 of Hidden Creek Trails. CITY COUNCIL MEETING: 10June2002 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: 1. The legal description of the property is Lot 1, Block 1 of Hidden Creek Trails. 2. The property lies within the Urban Service Area Reserve and is guided for agriculture land uses by the Otsego Comprehensive Plan, as amended. 3. The property is zoned INS, Institutional District, which allows religious facilities as a permitted use. 4. The Planning Commission and City Council must take into consideration the possible effects of the PUD District and PUD Development Plan with theirjudgement based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: 5. The planning report dated 30 May 2002 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 6. The memorandum dated 3 June 2002 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. 7. The Otsego Planning Commission considered the application at their regular meeting on 3 June 2002. 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 site and building plans for development of a religious facility on Lot 1, Block 1 of Hidden Creek Trails are hereby approved based on the most current plan and information received to date, subject to the following conditions: 1 Landscaping is to include proper screening using trees including staggered spruce trees to provide a buffer between the parking lot and the residence that lies to the east of the property, subject to approval of City Staff. 2. The site plan is revised to provide a maximum curb cut width of 24 -feet for both entrances along Naber Avenue. Page 1 of 3. The site plan is revised to provide six disability accessible parking stalls and parking stall and aisle sizes in accordance with Section 21 of the Zoning Ordinance. A photometric plan showing the illumination of all lighting upon the site plan is submitted, subject to approval of City Staff. 5. All exterior signage shall conform to the provisions of Section 37 of the Zoning Ordinance. 6. The trash enclosure and accessory building are to be built with materials comparable to the principal building. 7. All grading, drainage, and utility plans shall be subject to review and approval of the City Engineer. PASSED by the Otsego City Council this 10th day of June, 2002. Attest: CITY OF OTSEGO an Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk Page 2 of ITEM 6.2. Halkir"WaST ASSOCIAlrab C014-SuLlm"its" mc, 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 RE: Otsego - Waterfront PUD; Bank/Office Building MEMO DATE: 6 June 2002 APPLICATION DATE: 16 May 2002 NAC FILE: 176.02 - 02.18 CITY FILE: 2002 - Please be advised that the Planning Commission held a public hearing on 3 June 2002 to consider a PLID Development Plan ame ' ndment to develop a 7,300 square foot bank/office building on Lot 2 of Block 1 within the Waterfront Addition. Mr. Steve Fisher of LandCor Construction, Inc. Was in attendance to represent 'the applicant. Mr. Fisher stated that they were in agreement with the staff recommendations, including the site plan modifications suggested by our office. The appleant has already provided staff with a sketch showing additional parking stalls adjacent to the southeast corner of the building, which eliminates the stall deficit and creates a surplus of four stalls. Mr. Fisher also said that they were working with a design company on the area identification sign and civic monument that is to be erected at the TH 101 and CSAH 39 intersection, but that concept drawings are not yet available. The only issue discussed by the Planning Commission was the height of the building. The Planning Commission believed that the 2.25 feet in building height above the B-3 District maximum of 35 feet would hardly be noticeable and recommended allowing the building design under the PLID District. No comments were received from the public. After closing the public hearing, the Planning Commission recommended in a 7-0 vote to recommend approval of the PUD Development Stage amendment, subject to the conditions outlined in our planning report. Options for the City Council to consider are as follows: A. Motion to approve a PLID Development Stage Plan for Lot 2, Block 1 of Waterfront Addition, subject to the following conditions: 1 Approval is subject to approval of a final plat for the subject site and all public right-of-ways and execution of a development agreement. 2. Access point to Outlot G are determined and the shared driveway is constructed with pavement and curb its full length from Quaday Avenue to the subject site. 3. The site plan is revised per City Staff comments regarding stall design and sidewalk bump outs. 4. The landscape plan is revised to provide additional plant varieties in place of the proposed black hills spruce trees, subject to City Staff review and approval. 5. Not more than one wall sign shall be located on a single facade. Plans for any proposed freestanding sign or directional signs are submitted, subject to review and approval of City Staff. 6. The trash enclosure relocated closer to the northeast exterior door and constructed of materials consistent with the principal building. Additional landscaping is to be provided to screen the trash enclosure, subject to approval of City Staff. 7. A lighting plan showing fixture type and location with proposed illumination patterns is submitted, subject to review and approval of City Staff. 8. All grading, drainage, utilities and easement issues are subject to review and approval of the City Engineer. 9. The applicant shall enter into a development contract and pay all required fees or securities required by it, subject to review and approval of the City attorney. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance, and PUD District. C. Motion to table the request. pc. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Robert Fields Steve Fisher '0�1 CITY OF 0 T S E G 0 WRIGHT COUNTY, NUNNESOTA APPLICANT: Landcor Construction, Inc. 06-04-02 FINDINGS & DECISION PUD DEVELOPMENT PLAN APPLICATION: Request for a PUD Development Plan for a 7,300 square foot bank/office building on Lot 2, Block 1 of the Otsego Waterfront Final Plat. CITY COUNCIL MEETING: 10June2002 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: 1. The legal description of the property is Lot 2, Block 1 of Otsego Waterfront. 2. The property lies within the Sanitary Sewer Service District and is guided for commercial land uses by the Otsego Comprehensive Plan, as amended. 3. The property is zoned PUD, Planned Unit Development District as approved on April 8, 2002. The PUD District is subject to the uses and performance standards allowed in the B-3 District, except as expressly modified. The PUD District is further subject to the PUD Development Plan and PUD Development Standards incorporated as part of said District. 4. The Planning Commission and City Council must take into consideration the possible effects of the PUD District and PUD Development Plan with their judgement based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: A. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The Comprehensive Plan describes this area as the City's primary commercial area to be developed with uses that serve local and regional markets. The bank and office use is identified on the approved development plan at this location as a monument style gateway building. The site and building design and operation of the use is consistent with the City's goals for this area of the community and sets a standard for other development within the project and surrounding area. B. The proposed use's compatibility with present and future land uses of the area. Finding. The subject site is bounded by TH 101 to the east and other commercial uses within the project to the north, south, and west. The location of the use within the project pr-ovides visibility to TH 101 and CSAH 39 and is also buffered from existing residential uses to the northwest by other uses and screening. C. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The proposed use will conform to all applicable development regulations, including those standards or requirements modified or incorporated as part of the PUD District. Page 1 of D. The proposed use's effect upon the area in which it is proposed. Finding. -The proposed use will have a positive impact to the community in terms of expanding service opportunities, expanding the City's tax base, contributing positively to the City's identity with a high quality site and building design, and utilization of available municipal utilities. E. The proposed use's impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. F. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: Traffic generated by the proposed use will be within the capacity of streets serving the area required as part of the overall PUD Development Plan. G. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Finding: The proposed use is not anticipated to have a negative impact to the City's service capacity. The project will contribute to the City's tax base to support its service capabilities and utilize available infrastructure improvements. 7. The planning report dated 28 May 2002 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 8. The memorandum date 3 June 2002 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. 9. The Otsego Planning Commission conducted a public hearing at their regular meeting on 3 June 2002 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 requested PUD Development Plan for a 7,300 square feet bank/office building on Lot 2, Block 1 of Otsego Waterfront is hereby approved based on the most current plan and information received to date, subject to the following conditions: Approval is subject to approval of a final plat for the subject site and all public right-of-ways and execution of a development agreement. 2. Access points to Outlot G are determined and the shared driveway is constructed with pavement and curb its full length from Quaday Avenue to the subject site. 3. The site plan is revised per City Staff comments regarding stall design and sidewalk bump outs. 4. The landscape plan is revised to provide additional plant varieties in place of the proposed black hills spruce trees, subject to City Staff review and approval. 5. Not more than one wall sign shall be located on a single facade. Plans for any proposed freestanding sign or directional signs are submitted, subject to review and approval of City Staff. Page 2 of 6. The trash enclosure relocated closer to the northeast exterior door and constructed of materials consistent with the principal building. Additional landscaping is to be provided to screen the trash enclosure, subject to approval of City Staff. 7. A lighting plan showing fixture type and location with proposed illumination patterns is submitted, subject to review and approval of City Staff. 8. All grading, drainage, utilities and easement issues are subject to review and approval of the City Engineer. 9. The applicant shall enter into a development contract and pay all required fees or securities required by it, subject to review and approval of the City attorney. PASSED by the Otsego City Council this 10th day of June, 2002. CITY OF OTSEGO By: Larry Fournier, Mayor Attest: Judy Hudson, Zoning Administrator/City Clerk Page 3 of i 101-o" 24" OTSFGO WATFRFRONT IVFST 10' SET IF ON MEAT RreiR OAD ro- 25-0" �-- 24- ----1 101 ml al ol mi ol ml ol Memo To: Otsego City Council From: David R. Wendorf'g:�'-::��-- Date: 06/06/02 Re: Status Report on Hazard Mitigation for NE Parrish Avenue Residents The City Attorney's office, in conjunction with City staff, have been exploring the feasibility of applying to the Department of Public Safety Division of Emergency Management and a Federal Emergency Management agency for a hazard mitigation grant. Initially, the City sent out a questionnaire to residents in the NE Parrish Avenue neighborhood to obtain some preliminary information and engage interest in the hazard mitigation grant program. The City sent out 40 questionnaires and received responses from 24 residents. Of the responses received by the City, 18 residents indicated interest in participating in the hazard mitigation grant program. Our office drafted a participant affidavit form for those residents interested in being considered for inclusion in the grant application. This affidavit form closely follows the hazard mitigation grant program fact sheet for acquisition projects, which is required to be filed for each property included within the grant application. (See attached) On May 30, 2002, interviews were set up at City Hall to allow City staff an opportunity to discuss the hazard mitigation grant with individual property owners who were interested in participating. Fifteen property owners were interviewed by City staff on that date. Each property owner interviewed was provided a copy of the previously prepared affidavit in support of application for hazard mitigation grant. Each landowner was also asked to fill out the affidavit and submit it to the City. 0 Page 1 The following is an informal summary of the information received from the 15 landowners who were interviewed based upon the notes of the interview sessions and the written materials that they submitted. The number of property owners who indicated that their basement was wet every year: 2 The number of property owners who indicated that there were sink holes on their or their neighbor's property: 6 The number of property owners who indicated that they do not use their well for drinking water: 6 The number of property owners who indicated that they do not use the septic system during high water: 4 The number of property owners who indicated that they had flooding during high water years, such as 1975, 1993, 1997, and 2001: 11 The number of property owners who indicated that their well water has an unpleasant odor: 2 The number of property owners who indicated that they had a mold problem: 5 The number of property owners that noted erosion of the levy: 2 The number of property owners who indicated that their lawn has been covered in water: 4 The number of property owners who indicated that they have used sandbags on the doors of their property: 2 The number of property owners who indicated that they have to run their sump pumps almost every year: 2 The number of property owners who indicated that their septic has backed up: 2 One property owner indicated that since they have lived there, they have had water in their basement 8-11 years. One property owner indicated that since they have lived there, they have had water in their basement 5-6 years. 0 Page 2 One property owner indicated that since they have lived there, they have had water in their basement 7 years. One property owner indicated that their home was uninhabitable during the flood period in 1997. One property owner indicated that the flooding has caused the property to be vacant for 6 months. One property owner indicated that they have had to move out of the home on a number of occasions due to flooding. Our office has been engaging in discussions with the Minnesota Department of Public Safety Division of Emergency Management to determine the correct procedure and feasibility of a grant application by the City under these circumstances. We have a very short timeline to complete the application process, as the Division of Emergency Services has indicated that our application must be received between the 15th and the 26 Ih of July of this year. As an applicant for hazard mitigation and grant program funds, the City is required to submit a completed application form within the timeframe established by the State Division of Emergency Management. That Division will review all applications that are submitted. After reviewing the potential hazard mitigation projects, the Division of Emergency Management will decide which projects should be selected and the level of funding for each project, and will notify the applicant of these decisions. The Division of Emergency Management will then submit the chosen applications to the FEMA Region 5 Mitigation Officer for Minnesota. The State will continue to submit grant application projects to FEMA until the total estimated funds are exhausted. Once FEMA has notified the Division of Emergency Management of the action it has taken on the State's applications for the grant funds, the Division of Emergency Management will notify the individual applicants. For each project that has been approved by the State and by FEMA, a State of Minnesota Hazard Mitigation Grant Program sub -grant award agreement must be completed. The following are a list of criteria that a project must meet in order to be eligible for the hazard mitigation grant program. 1 . Be in conformance with the State hazard mitigation plan. 2. Have a beneficial impact upon the designated area, whether or not located within the designated area. 0 Page 3 3. Be in conformance with 44CFR part 9, flood plain management and protection of wetlands, and 44CFR part 10, environmental considerations. 4. Solve the problem independently or constitute a functional portion of a solution, where there is assurance that the project as a whole will completed. Projects that merely identify or analyze hazards or problems are not eligible. 5. Be cost effective and substantially reduce the risk of future damage, hardship, loss, or suffering resulting from a major disaster. The City must demonstrate this by documenting that the project: a. Addresses a problem that has been repetitive or a problem that poses a significant risk if left unsolved; b. Will not cost more than the anticipated value of the reduction to both direct damages and subsequent negative impacts to the area if future disasters were to occur. Both costs and benefits will be computed on the net present value basis; C. Has been determined to be the most practicable, effective and environmentally sound alternative after consideration of a range of options; d. Contributes, to the extent practical, to a long-term solution to the problem it is intended to address; and e. Considers long-term changes to the areas and entities it protects and has manageable future maintenance and modification requirements. 6. Be in alignment with the overall State intentions for the project mitigation grant program project including, but not limited to: a. Geographic distribution of proposed project; b. Projected costs of a proposed project; C. Relative cost effectiveness of the project compared to other proposed projects; and Page 4 d. Conformity of project with the existing local hazard mitigation plan and land use/building regulations in the community. The State of Minnesota requires potential grant applicants to pass a resolution indicating their desire to participate in the program. The resolution serves as a verification of potential applicant's interest in participating in the program and empowers the potential applicant to enter into a sub -grant award agreement with the State of Minnesota, and authorizes an individual to sign the sub -grant award agreement and other related documents on behalf of the applicant. As part of the application process, the City will need to identify and describe other possible means of solving the problem and why they were rejected. An estimated project budget will have to be developed, listing both the funding sources and the anticipated amount of funding from each source. Some pre -application expenditures will be necessary in order to provide all of the information required in the application. The application requires that we provide a first -floor elevation for each home included within the project. Not all homeowners interested in participating have their first -floor elevation information. Fair market values of the included properties will need to be determined. The City will have to develop an equivalent rental property cost figure. Estimated costs for the demolition, well capping and septic closure will have to be determined for each structure. The City will also incur costs for staff, legal and engineering time necessary for completion of the application. In examining the City's application, the Division of Emergency Management will do a cost benefit analysis for each property within the proposed project. This cost benefit analysis is based on established criteria for eligibility for the program. As the State will be conducting the cost benefit analysis on each property individually, there is not a disadvantage in submitting the required information on all properties of which the owner has shown an interest. In our discussions with the Division, we were informed that we would receive feedback concerning the results of the cost benefit analysis for the properties included within the application materials. The State could conclude that some of the properties identified in the application materials qualify and some do not. The State and FEMA will also consider qualitative benefits such as environmental or historical considerations that are not otherwise included as part of the benefit/cost analysis performed Any property purchased through the grant program would be required to remain as green space for obvious reasons. Approval of any project will not be granted prior to the completion and satisfactory outcome of a required 0 Page 5 environmental review. It is FEMA's responsibility to prepare the environmental document, although the City will be required to provide much of the basic information, potentially including any special studies that may need to be performed. As the properties are located within a wild and scenic river area our hope is that the federal environmental officer reviewing the grant applicafion will approve of both returning a portion of the area to green space and the elimination of substandard septic systems. As a result of the written information received and the interviews conducted with the 15 landowners, it is apparent that not all of the properties are similarly situated. The severity of the problems caused by ground water vary widely. Some properties appear to be better candidates than others. The number of properties included in any potential grant would of course be limited by the amount of grant funds available and the City's own funding limitations. 0 Page 6 AFFECTED LANDOWNER'S AFFIDAVIT IN SUPPORT OF APPLICATION FOR HAZARD MITIGATION GRANT PROGRAM STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) ' being first duly sworn and under oath deposes and states, under penalty of perjury, as follows: 1. That located at of the City of Otsego. 2. M 4 That located at of the City of Otsego. are the owners of real property within the City limits are renters of real property within the City limits Attached as Exhibit A is a map showing the location of the above described property. The property is Industrial (please specify) used primarily for: Residential Commercial Non -Profit _; Public Agricultural Other 5. The primary structure on the property is: (A) I -story without basement (B) 2 -story without basement (C) Split level without basement (D) I or 2 story with basement (E) Split level with basement (F) Mobile Home (G) Other (please specify) 6. The following is the recent flood history for the above described property including the date of the flood damage; dollar amount of flood damage including both the structure and contents; whether the first floor was damaged and the depth of flooding of the first floor if any (attach additional sheets as necessary): 7. The structure located on the property is is not covered by flood insurance. If the structure is covered by flood insurance the National Flood Insurance Program policy number is 8. If the structure is covered by flood insurance the current coverage amounts are: Structure ; Contents 9. If the structure is covered by flood insurance the following are the past insurance claim payments made to the owner: Year ; Structure $ ; Contents $ Year ; Structure$ ; Contents $ Year ; Structure$ ; Contents $ Year ; Structure $ ; Contents $ Year ; Structure$ ; Contents $ 10. The structure has has not been substantially damaged to 50% or more of its pre -flood market value. 11. The structure is is not currently condemned or otherwise currently unoccupied due to flood damage. 12. The square footage of habitable space of the structure (not 'including decks, porches, etc.) is: 13. The first floor elevation (NGVD 1929) (of top surface of flooring) is: 14. As owner of the property I/we have have not been notified of the potential hazard mitigation project. 15. As owner of the property I/we do do not support the potential hazard mitigation project. 16. Are there any obvious environmental or historic issues for this structure: Yes No. If yes please explain: 17. Please list any other observations you have made related to the affect of flooding and/or high water on the entire property, not just the structure. 18. List chronologically all occasions since you have acquired the property when you have had to take action due to high water levels on or near your property. 19. Did the previous owner disclose to you the nature or severity of any water problems related to the property at the time of sale Yes No. Explain: 20. Please list any other pertinent information about the structure, property or proposed project below and attach a photo if available. Dated Further Your Affiant Sayeth Not, State of Minnesota ss. County of Wright The foregoing instrument was acknowledged before me this day of ----1 2002 by Notary Public 4 Parrish j-, dormation PID NU'r6b ILa'st N6 ',",4WFirsfNirh 6FA, Attend(i ""&_."-_R_ec'd W W�o'f 5-16-02 118-500-104101 Martin Edmond & Joanne 10226 Parrish Ave NE $148,400.00 DID NOT RESPOND 118-500-104400 Martin Edmond & JoAnn 10226 Parrish Ave NE $7,600.00 DID NOT RESPOND 118-500- Martin Edmond & JoAnn 10226 Parrsih Ave NE $27,100.00 DID NOT RESPOND 118-500-151201 Mayer Irene & Kathleen 9929 Parrish Ave NE $89,000.00 YES YES YES 118-030-000030 Dehmer (Mikrot)IJeanine M. 10029 Parrish Ave NE $111,100.00 YES YES YES 118-500-104404 Onstad IPaul W. 10168 Parrish Ave NE $76,900.00 YES YES YES 118-500-104202 Polejewski 117rank &Jeanette 10307 Parrish Ave NE $108,900.00 YES NO 118-030-000180 Sandy �rlen 10233 Parrish Ave NE $102,500.00 DID RESPOND 118-500-151103 Schwanbeck Norman & G. 9864 Parrish Ave NE $85,900.00 DID —NOT NOT RESPOND 118-023-001030 Siegler Anthony & Julie 15686 96th Street NE $114,600.00 DID NOT RESPOND 118-500-151104 Simon Christina D. 9670 Parrish Ave NE $91,800.00 DID NOT RESPOND 118-500-104405 Sjoquist Donald 10156 Parrish Ave NE $74,600.00 DID NOT RESPOND 118-500-151102 Sol berg Darlene L. 9912 Parrish Ave NE $100,500.00 YES YES YES 118-030-000010 Thiltgen Mark A. & L Peterson 10003 Parrish Ave NE $136,800.00 YES YES YES 11 8-500-151204,Voltin Gary & Jane 9891 Parrish Ave NE $156,900.00 YES YES 118-030-000 80Walters Lance D. 110099 Parrish Ave NE $117,800.00 DID NOT RESPOND 118-500-151202Winterfield. �ad �00 Minnesota Ave #205 $8,500.001 DID _L_ NOT I R�ES7P707JND Prepared by Judy Hudson Parrish A, )rmation ITEM 6 'A. Prepared by Judy Hudson 6it W 'M "RAO", ffPartici�mMiAwd6cA -Rec'd � A, P Fht'Nathd LR%f MI, 002,04 &OW&W ','as of 5-16- 2 5i3o-02�� 118-023-001010 Brenny Randolph & Sharon 9859 Parrish Ave NE $142,900.00 YES NO 118-500-151200 Bridges Terry D. 9951 Parrish Ave NE $105,100.00 DID NOT RESPOND 118-500-104402 Brosko Stephen M. & J. 10148 Parrish Ave NE $120,800.00 YES YES YES 118-030-000170 Bury Thomas & Patricia 4390 Nason PKWY NE $112,200.00 YES YES YES 118-023-001020 Clauson Gary & Barbara 15772 96th Street NE $118,800.00 DID NOT RESPOND 118-500-151101 Corrow Cynthia 9888 Parrish Ave NE $102,400.00 YES YES 118-030-000160 DeRosier Randal & Theresa 10175 Parrish Ave NE $89,300.00 YES YES 118-030-000130 Dickenson Jr. Roger W. P 0 Box 266 $2,000.00 YES— YES 118-030-000060 Drury Alton G. 725 Fremont Street $1,500.00 DID NOT RESPOND 118-030-000150 Ebner Joseph A. & Lila Mae 10177 Parrish Ave NE $97,600.00 YES YES YES 118-030-000220 Ebner Donald & Sally 10273 Parrish Ave NE $1,000.00 NO 118-030-000221 Ebner Donald & Sally 10273 Parrish Ave NE $105,000.00 NO 118-500-104203 Ebner Curtis M. 10291 Parrish Ave NE $90,700.00 NO 118-500-104200 Ebner Bernadette R. 149 Honey Acres Rd. $29,200.00 YES YES 118-500-104100 Ebner Eugne F. 10339 Parrish Ave NE $120,600.00 YES YES YES 118-500151105 Ebner ordon & Kathleen 9840 Parrish Ave NE $127,600.00 DID NOT RESPOND 118-500-104201 Ebner Donald 10273 Parrish Ave NE $9,600.00 NO 118-500-151203 Foster Richard C. 19230 Evans St. NW #11 E $93,300.00 DID NOT RESPOND 118-030-000110 Jones Timothy M. 10 135 Parrish Ave N E $85,300.00 YES YES YES 118-030-000140 Kachmarek Norman & Janet 10169 Parrish Ave NE $90,800.00 YES YES YES 118-030-000100 Kline on C. 10 121 Parrish Ave N E $58,500.00 NO 1118-500-151100 Kluge Russell & Lillian 9686 Parrish Ave NE $33,800.001 DID NOT -RESPOND 1118-030-000200 Malenke Randy & Heidi 10251 Parrish Ave NE $105,000.001 NO Prepared by Judy Hudson ITEM 7.1. COOPERATIVE AGREEMENT 02-02 BETWEEN THE COUNTY OF WRIGHT AND THE CITY OF OTSEGO THIS AGREEMENT, made and entered into by and between the County of Wright, Minnesota, acting by and through its County Board of Commissioners, hereinafter referred to as the "County" and the City of Otsego, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". WITNESSETH: WHEREAS, those portions of County State Aid Highways No.s 39 and 42 with the City of Otsego and described as follows: CSAH 39 - From West of intersection with CSAH 42 to Trunk Highway 101 CSAH 42 - From 94' Street to 88th Street have been identified by the Otsego City Engineer as needing improvements associated with the proposed development of the Waterfront Development within the City of Otsego, and WHEREAS, the County, City, and State have met and discussed the proposed improvements to CSAH 39 and CSAH 42 and TH 101 to accommodate the proposed Waterfront development in the City, and WHEREAS, this cooperative agreement between the County and City outlines the conditions, responsibilities, and financial obligations in making the necessary improvements to CSAH 39 and CSAH 42 for the projected 2010 impacts for the Waterfront Development. NOW, THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD THAT: 1. The County and City, by approval of this agreement, mutually agree that the City of Otsego will be responsible to make the necessary improvements to CSAH 39 and CSAH 42 (as desctibed below in items 3-6) due to the impact the Waterfront Development (all three phases) will have on the County's highway system. 2. Access and Utility permits that are required for the proposed Waterfront development will not be processed until such time that this agreement has been completely executed between the City and the County. Open cutting of CSAH 39 and CSAH 42 for utility work will not be permitted. 3. Geometric improvements to CSAH 39 and CSAH 42 will be required for the anticipated 2010 conditions, including traffic control signals. Right -turn lanes, double left - turn lanes, and additional through lanes (fettr- thfough lanes tetal, twe eaeh dir-eetion) will need to be constructed along CSAH 39 and CSAH 42. A traffic control signal will need to be installed at the intersection of CSAH 39 and CSAH 42, and a future traffic control system will be needed at a future access to the Waterfront development ente further north glong-CSAH 42 -at. Q-41' Stife-et, which meets County spacing guidelines. This work (except the future traffic control signal at 94:hStfeet1) shall be completed prior to the opening of any portion of the Waterfront development. 4. Right-of-way acquisition that is necessary for the geometric improvements to CSAH Z: 39 and CSAH 42 shall be the responsibility of the City. 5. The proposed access at Park Street onto CSAH 42 will be allowed to be a full access faf the fifst phase ef developfne . The likelihood possibilit exists that as traffic volumes increase on CSAH 42 in the future that there may not be adequate southbound left turn lane storage onto CSAH 42 approaching CSAH 39 for this access to function adequately as a full access. The County reserves the right to modify this access in the future (to right - in, right -out only, etc.) as it deems neeessar- , for safety purposes. The County agrees that prior to any proposed modification the City will be notified of the specific reasons for the proposed modification and the City will be given full opportunity to suggest alternative improvements which adequately address the specific safety issues raised. If those alternatives adequately address the safety issues they- shall be implemented instead of the County's proposed modifications. 6. The proposed improvements to CSAH 39 and CSAH 42 shall be completed by the City of Otsego. The plans for the proposed highway improvements and the Signal Justification Report (SJR) shall be completed in accordance with Minnesota Department of Transportation (MnDOT) State Aid standards and shall be reviewed and approved by the County Engineer, prior to advertising for bids for any of the improvements. 7. The City shall indemnify, save and hold harmless the County and all of its agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or performance of the work provided for herein to be performed by the City, provided, however, that the City shall have no obligation to indemnify, save, and hold harmless the County with regard to any claims related to the design of the improvements to be constructed by the City pursuant to this agreement. The County shall indemnify, save, and hold harmless the City and all of its agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or performance of the work provided for herein to be performed by the County. 8. It is further agreed that any and all full-time employees of the City and all other employees of the City engaged in the performance of any work or services required or provided for herein to be performed by the City shall be considered employees of the City only and not of the County. It is further agreed that any and all claims that may or might arise under Workman's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole obligation and responsibility of the City. Any and all full-time employees of the County and all other employees of the County engaged in the performance of any work or services required or provided for herein to be performed by the County shall be considered employees of the County only and not of the City. It is further agreed that any and all claims that may or might arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third par -ties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole obligation and responsibility of the County. Before this agreement shall become binding and effective, it shall be approved by City Council of Otsego and it shall also be approved by the Wright County Board of Commissioners and such other officers as law may provide. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers and caused their respective seals to be hereunto fixed. COUNTY OF WRIGHT Recommended for Approval: Wight County Engineer Chairperson, Wright County Board Wright County Coordinator Wright County Attorney Date CITY OF 0 SEGO Recommended for Approval: City Engineer, City of Otsego Mayor, City of Otsego City Clerk, City of Otsego City Attorney, City of Otsego Date Hakanson Anderson 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Assoc., Inc. Phone: 763/427-5860 Fax: 763/427-0520 MEMORANDUM To: Honorable Mayor and City Council From: Ronald J. Wagner, P.E. 4 cc: Mike Robertson, Administrator Judy Hudson, Clerk Bill Cordell, Wright County Highway Dept. Date: June 6, 2002 Re: Jaber Avenue Right -of -Way Turnback At the February 11, 2002 Council meeting, the turn back of right-of-way from the county to the city for a portion of Jaber Avenue, which connects to CSAH 37, was tabled until after the spring thaw to see if any problems occur to the new road subgrade. No p*roblems were noticed and the county is looking to complete the transaction. Monticello Township, the other public entity involved in the redesign of the intersection of CSAH 18, CSAH 37 and Jaber Avenue has already accepted their portion. We recommend passing the Resolution Accepting the Right -of -Way. City forces have been maintaining the road since the reconstruction was completed last fall. Civil &Municipal Engineering G:\Municipa[\AOTSEGO\901�2002\ot9Olhmcc.doc Land Surveyingfor Hakanson Anderson 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Assoc., Inc. Phone: 763/427-5860 Fax: 763/427-0520 February 4, 20022 Mike Robertson City of Otsego 8899 Nashua Avenue NE Otsego, NIN 5 5' )33 0 Re: Jaber Avenue Right -of -Way Tumback Dear Mike: The County has completed the realignment of the intersections of CSAH 18 and CSAE 37 in the southeast comer of the City. The realignment was a necessary safety improvement to remove bad site lines. As part of the realignment, the County relocated the connection point of Jaber Avenue to the east of the intersection. The County is now.in the process of turning over the acquired right-of-way and Jaber Avenue back to the City of Otsego and Monticello Township. Jaber Avenue is on the line between the two local governments, but this portion is maintained by the City of Otsego as part of a mutual agreement. I have reviewed the site and found it acceptable. I spoke to Mr. Chase and he stated they are currently maintaining it and it is acceptable. There are clumps of grass, which have been rolled over into the ditch. This is a common occurrence during the first snow plowing after reconstruction of a rural section as the boundary between grass and gravel is not yet established. The clumps will be mulched during the first mowing. We recommend approving the tumback of the right-of-way for Jaber Avenue from the County to the City. If you have any questions, you may contact me at 763-427-5860. Sincerely, Hakanson Anderson Associates, Inc. I A dE*EAWJ69= 64 RoLld J. Wa0a, P.e,�r RJW:dlc cc: Richard Marquette Judy Hudson, Clerk Civil 6- Municipal w GAMunicipaAAMEG0\90 1\2002\ot901 mr.doc Engineering Land Surveyingfor RESOLUTION NO. 2002-_ RESOLUTION FOR RIGHT-OF-WAY ACCEPTANCE WHEREAS, the Wright County Board of Commissioners will adopt a resolution in February 2002, for the following County State Aid Highway (CSAH) change within the city limits of the City of Otsego. Revocation of a 1.71 -acre parcel of right-of-way associated with the realignment of Jaber Avenue NE in the NW/4of Section 34-121-24. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA. That said resolution action is in all things approved and adopted. Adopted by the council this Judy Hudson, Clerk day of —, 2002 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 2002. Judy Hudson, City of Otsego Clerk GAMunicipa1\A0TSEG0\901 \2002\ot901 RES 1.doc .�r a WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO.40 j� I .4 90 - 41F 44 2JM wh� 2al 14 /9 202 202 ;r ,UA- 20( 201 41F 44 2JM wh� 2al 14 /9 202 202 ;r ,UA- MEMORANDUM From the Cities ofAlhertville, Otsego, and St. Michael Junell,2002 Mr. Terry Humbert, P.E. Planning Engineer District D3 Minnesota Department of Transportation 3 725 12th Street N St. Cloud, MN 56303 Dear Mr. Humbert: SUBJECT: 1-94 Sub Area study The 1-94 Corridor Study was recently completed between 1-494 and St. Cloud. This study provided general direction to state, county and local agencies on needed capacity improvements to 1-94 as well as identifying potential local supporting roadway system improvements. While this study certainly framed the major capacity issues along this corridor, it did not go into sufficient detail on operational and safety issues of current interchanges, how these interchanges will serve future traffic demands and how frontage/backage roadway systems might serve to provide alternatives to 1-94 during peak travel periods. As a result, the City of St. Michael, along with the cities of Albertville and Otsego, would like to further define future transportation system elements along the corridor so that they may better coordinate and plan these systems as development occurs. As a result, we are requesting that Mn/DOT participate in a sub area study along the 1-94 corridor from Rogers to Monticello. This study would be led by the City of St. Michael but would actively involve participation by the Cities of Albertville, Otsego and Rogers, as well as Wright County, Hennepin County, Mn/DOT and FHWA. The Sub Area Study is estimated to cost S 150,000. We are requesting that Mn/DOT contribute one third or $50,000 to this effort over the next 12 months. If you have any questions regarding this request, please contact Marc Weigle at the City of St. Michael. Sincerely, John Olson, Mayor Mayor City of Albertville 4 a Z:2� Launfier, Mayor Wayne Kessler, City of Otsego cc: Lisa Freese, and Otto Schmid, Mn/DOT - Metro City of St. Michael MEMORANDUM From the Cities of Albertville, Otsego, and St. Michael June 11, 2002 Mr. Wayne Fingalson, P.E. County Engineer L Wright County 1901 Highway 25 N Buffalo, MN 55313 Dear Mr. Fingalson: SUBJECT: 1-94 Sub Area study Cities of St. Michael, Albertville and Otsego The 1-94 Corridor Study was recently completed between 1-494 and St. Cloud. This study provides general direction to state, county and local agencies on needed capacity improvements along the corridor, as well as identifying potential local supporting roadway system improvements. However, as you know from the joint council meeting on April 29th, there are a significant number of transportation issues facing all of the jurisdictions in this northeastern Wright County area. As a result, the Cities of St. Michel, Albertville and Otsego would like to further investigate these issues to better define the future transportation system elements in the area. This would provide better information to assist decision makers in guiding development and infrastructure improvements. This study is likely to have direct impacts to CSAH 19, CSAH 18, CSAH 37, CSAH 39, as well as other county routes in the area. The potential benefits of this sub area study to the County include: 1. Review and refinement of Functional Classification System 2. Identification of capacity problem areas. 3. Identification of routes where the County may draw additional State -Aid needs. 4. Identification of areas for right-of-way preservation. 5. Access management. Furthermore, significant changes have occurred in this area since development of the last Wright County Transportation Plan in 1994. Several discussions have occurred with the County Board about updating the County's current plan; however, the Board has not agreed to fund an update. We are requesting that the County consider partnering with the cities to identify and plan for these long-term transportation needs. We are requesting that the County consider contributing $25,000 to this Sub -area Study as a way to successfully achieve many of the benefits of an updated plan for this northeast area. While we would like a commitment now, the county may provide these funds anytime over the next 12 months. This would allow you to plan for and address this request in the County's 2003 budgeting process. If you have any questions concerning this request or wish to have us present to discuss this with the Board, please contact us. Sincerely, John Olson, Mayor Mayor City of Albertville e L F 4e( arry r, Mayor City of Otesgo cc: Pat Swatzke, Wright County Commissioner Elmer Eichelberg, Wright County Commissioner Wayne Kessler, City of St. Michael Michael C Couri- Andrew J. MacArthur Robert T. Ruppe-- David R. Wendorf *Also licemed in 11finou **ALw licmW in Ca4fbmia June 6, 2002 City Council Members City of Otsego c/o Judy Hudson, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 COURI & MACARTHUR Artorneys at Law 705 Central A venue Eavi PO Box 369 St. Michael, MN 553 76-0369 (763) 497-1930 (763) 497-2599 ") couriandniacanhurQpobox. com RE: Resolution Authorizing Eminent Domain Dear Council Members: Please find enclosed herein a proposed resolution authorizing eminent domain to acquire that northern portion of the roadway for the extension of 85 th Street eastward, pursuant to the recent City approval of the Otsego Industrial Park. Also enclosed you will find a copy of my correspondence to the attorney for the Vernon Kolles Estate offering to purchase the easement for the amount estimated in the feasibility study. I also ran this amount by the appraiser who indicated that this was a fair estimate of the property in the area. I will be available to further discuss this matter at the Council meeting on Monday evening. Very ti�ily-Y.Qurs, CT rew J. Ma rth COURI & MACARTHUR Encls. cc: Ron Wagner, City Engineer Dan Licht, City Planner Michael C Couri- Andrew J. MacArthur Robert T. Ruppe-- David R. Wendorf 'A I" liceived in 11knou **ALw hcenW in C410inia June 5, 2002 COUPJ & MACARTHUR Attorneys at Law 705 Central Avenue EaTr PO Box 369 St. Michael, MN 553 76-0369 (763) 497-1930 (763) 497-2599 ") coutiandinacanhur(ppobox. com James Neilson Babcock, Neilson, Mannella, LaFleur & Klint 118 Main Street Anoka, NIN 55303 RE: Vernon Kolles Estate Property- City of Otsego Dear Mr. Neilson: Enclosed please find a revised legal description of the proposed roadway at the southern boundary of your client's property. It was decided at the last regularly scheduled City Council meeting that the City would proceed with the project this year in conjunction with the development of the plat to the south of the property. The only change from the proposed road project described at the original Improvement project is shortening of the roadway to be acquired. Since the City has approved the Plat to the south, it now intends to proceed with condemnation of the roadway. Attached you will find a revised map of the proposed condemnation, which is approximately one acre. As required by statute, the City is by this letter offering $65,000.00 as payment for the road easement. This offer is contincrent upon the Developers of the property to the south executing the Developer's Agreement affecting that parcel and posting die required security. 0 As you are aware, the proposed road will provide substantial benefit to your client's property. It is proposed that both propei-ties be assessed equally for the road and other improvements. The cost of roadway acquisition will be a poi -tion of the project cost assessed back to your client's property. It is my understanding that you are now in the process of probating the Vellion Kolles C, estate. I understand that the probate may place cei-tain const-raints on what you can or cannot due in regards to this property. If You have a proposal as to how to 11101-e simply 0 resolve this niatter, please let me know. Letter to Attorney Neilson June 5, 2002 Page 2 Also, please let me know if you have any response or further input on this matter prior to the next regularly scheduled City Council meeting on June 10. The proposed improvement project will most likely com-mence later this summer. The resolution authorizing eminent domain will call for a ninety- day quick take of the property. Even with the ninety days, it may be difficult to start construction this season. Could you please let me know whether or not your client would be willing to consider a right of entry and right to construct prior to the ninety days if the condemnation proceeds? Obviously, any such right of entry and right to construct would be drafted to reserve all of your client's rights under eminent domain. I would very much appreciate your prompt response to these inquiries. Very truly y�ours, Ur ew J. cArth t COURI MACARTHUR Encls. cc: City of Otsego Ron Wagner, City Engineer Dan Licht, City Planner Today Properties CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2002 - RESOLUTION AUTHORIZING PROCUREMENT OF PERMANENT EASEM[ENTS FOR DRAINAGE, UTILITY AND ROADWAY PURPOSES FOR THE 85 TH STREET EXTENSION PROJECT WHEREAS, The City of Otsego proposes to construct and extend 85 1h Street approximately 1080 feet east of its intersection with County State Aid Highway 42; and WHEREAS, the improvement consists of constructing and extending 85 th Street approximately 1080 feet east of its intersection with County State Aid Highway 42 and the installation of sanitary sewer, water and drainage improvements; and WHEREAS, a permanent drainage, utility and roadway easement over certain lands are required to provide for said construction; and WHEREAS, the location and legal description of the permanent drainage, utility and roadway easement is set forth on the attached Exhibit A; and WHEREAS, the construction of the above described facilities constitutes a public purpose; and WHEREAS, the City has authority to acquire said easements by eminent domain pursuant to Minn. Stat. 117.011 and 117.042; and WHEREAS, the City has the right to acquire the land and easements prior to the filing of an award by the court appointed commissioners, pursuant to Minn. Stat. 117.011 and 117.042; and WHEREAS, the land upon which the facilities will be constructed is owned by the following persons listed on the attached Exhibit B; and h WHEREAS, the City has made a written offer to the affected property owner on June 5' , 2002 and the property owner has not yet responded. In the event that negotiated acquisition of the property interests cannot be achieved, the City will proceed with eminent domain in order to insure timely construction of the above mentioned project. NOW THEREFORE BE IT RESOLVED, that the Otsego City Council hereby authorizes the acquisition of said permanent easements as described on attached Exhibit A through eminent domain; and to take title and possession of that land pn'or to the filmig of an award by the Court appointed conunissioners, pursuant to Minn. Stat. 163.02, Subd. 2, 117.011 and 117.042; and BE IT FURTHER RESOLVED, that construction of the various facilities as set forth herem' constitutes a public purpose; and BE IT FURTHER RESOLVED, that the City attorney is requested to complete negotiations with the property owner regarding the written offer. In the event that said negotiations are unsuccessful the City Attorney is directed to file the necessary petition therefor, and to prosecute such action to a successful conclusion or until it is abandoned, dismissed, or terminated by the City or the Court. Motion to adopt this resolution made by and seconded by this day of June 2002. IN FAVOR: OPPOSED: CITY OF OTSEGO Larry Foui-nier Mayor ATTEST Judy Hudson City Clerk May 30, 2002 Proposed Eksement Description — 9 5TH Streert NE Otsego A permmmml easement for &=mge, utlity and mdway purposes over, under, and across West 1080-00 feet of the South 40.00 fed of Ihe Southeast Quarter of the NoLtheast Quarter of Section 22, Township 121, R=ge 23, WH& County, Minnesota, and easterly of the easterly right of way of Parrish Avenue NX. O."Xitinlelpal'LAOTSECrO\343\Prup=4 EascwentDwcAp0on.dac STA O+DG BEGINWHAV 0 c�. 0 F SM ST. EXT. TO BE CONSTRUCTED FOR TO -DAY PROJECT -PROPOSED MAIN 4- + + ul) (0 rl- a 11 _Hl 85TH AVE. E)M FUTURE EXTENSION TO CIUADAY AVE. D UTILITkogAa t FILFTURE WATER MAIN 7ANS, klL PROPOSED J I SMrr$ HY SEWER PROPOSED J STOR 4 DRAINAGE LOT I LOT 2 LOT 3 LOT 4 PH RAIDIUS 104,27.41 HE OPOSED OFFS ET' 2 D.00 Fr. RT. SANrrARY SEV fER STORMD�AJNAGE EXI"NG WETLAND T� ASSESMENT MAP FOR TO -DAY DEVELOPMENT ICnT OF 200 0 200 400 OTSE" 1!!!% %mmmmm�� '4%0* SCALE IN FEET ON T� Ht CRRA�REVZS �ROAD Hakanson Anderson Assoc,inc. -401 rb-aUn A�_ 1-4% v --w. SSW 793-427-.450 FM 7$3-417-05go L0DZ\0T2Z13\WLM TO—DAY.DWO Hakanson Anderson 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Assoc., Inc. Phone: 763/427-5860 Fax: 763/427-0520 MEMO: To: Honorable Mayor and City Co I From: Ron Wagner, City Engineer Re: Vacation of a portion of drainage and utility easement within Lot 5, Block 'I of Pheasant Ridge 5 TH Addition Date: 6/6/02 cc: Mike Robertson, City Administrator Judy Hudson, City Clerk Marty Weber We have reviewed the request for vacation of a portion of the drainage and utility easement within Lot 5, Block 3 of Pheasant Ridge 5TH Addition, and have the following findings: I - The vacation portion of D & U easement is outside of the delineated wetland 2. The vacation portion of D & U easement has no value to the City for drainage of utility. I The lot would become more buildable with this small portion vacated, as it would square the useable property more. We recommend approval of the vacation. Civil 6- Municipal G:\Municipai�AOTSEGO2000\2232�pr5.doc Engineertng 25 La n d Su rvey ingfo r W co I%% zt Ljj- Z W IN E 0 0 71 Q: In ids 414 41 j E 00 LA 0 a z 0 E 0 4-1 a < CL C, c c W 0 'a a - w CL zo, 2 112 — 'Z �2 , 2 -4' ',', � s lo p 0-v Eli In ?, � , Ct v'A �.C.z za.3% .,E '-III Z. V. C, Q, L-1 r — t-- b. 10 L 41 j E 00 LA 0 a z 0 E 0 4-1 a < CL C, c c W 0 'a a - w CL zo, 2 112 — 'Z �2 , 2 -4' ',', � s lo p 0-v Eli In ?, � , Ct v'A �.C.z za.3% .,E '-III Z. V. C, Q, ITEM 9. 1. A RESOLUTION NO. 2002-22 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION TRANSFERRING AMOUNTS FROM ONE FUND TO ANOTHER WHEREAS, the Otsego City Council has established various funds in the City accounting system to better account for City finances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO, MINNESOTA: 1. That the following transfers between funds are hereby deemed appropriate. Park & Trail Funds to the following Construction accounts to reimburse for trail improvement costs. 78th Street $ 20,610.00 Page Avenue $ 5,197.50 Quaday Avenue $ 5,701.50 B. Water & Sewer Funds (WAC & SAC) to the following Construction account to reimburse for sewer and water improvement costs. 78th Street, Page Avenue, & Quaday Avenue Sewer & Water Improvement $734,232.88 C. Stormwater Impact Fees (Lefebvre Watershed) to the following Construction account to reimburse for storm sewer costs. 7 8th Street, Page Avenue, & Quaday Avenue Sewer & Water Improvement $144,614.92 Dated this 10th day of June, 2002 ATTEST: Judy Hudson, City Clerk CITY OF OTSEGO Larry Fournier, Mayor