Loading...
07-08-02 CCSi"'ABDO EICK & '4 LLP Certified Public Accountants & Consultants 7-141 Ohms Lane Suite 200 Edina, MN 55439 Members of the City Council City of Otsego, Minnesota May 9, 2002 We have audited the general purpose financial statements of the City of Otsego for the year ended December 31, 2001 and have issued our report thereon datedMay 9, 2002. Professional standards require that we provide you with the following information related to our audit. Our Responsibility Under Auditing Standards Generally Accepted in the United States of America and Government Auditing Standards As stated in our engagement letter, our responsibility, as described by professional standards, is to plan and perform our audit to obtain reasonable, but not absolute, assurance that the fuiancial statements are free of material rnisstatement and are fairly presented in accordance with accounting principles generally accepted in the United States of America. Because an audit is designed to provide reasonable, but not absolute, assurance and because we did not perform a detailed examination of all transactions, there is a risk that material errors, fraud or illegal acts may exist and not be detected by us. In planning and performing our audit of the general purpose financial statements of the City for the year ended December 31, 2001 we considered its internal control in order to deterinine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide assurance on the internal control. However, we noted certain matters involving the internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of internal control that, in our judgment, could adversely affect the City's ability to record, process, sunumrize, and report financial data consistent with the assertions of management in the general purpose financial statements. We noted the following reportable condition. 0 Segregation of Duties Our study and evaluation disclosed that because of the limited size of your office staff, your City has Limited segregation of duties. Good internal control contemplates an adequate segregation of duties so that no one individual handles a transaction from inception to completion. While we recognize that your City is not large enough to permit an adequate segregation of duties in all respects, it is important, however, that you be aware of this condition. " A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that errors or fraud in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of internal control would not necessarily disclose all matters in internal control that rudght be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be material weaknesses as defined above. However, the reportable condition described above is not believed to be a material weakness. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we performed tests of compliance with certain provisions of laws, regulations, contracts and grants. However, the objective of our tests was not to provide an opinion on compliance with such provisions. We noted no instances of noncompliance with provisions of laws, regulations, contract and grants. 952.835.9090 Fax 952-835.3261 www.aemcpas.com V MIEU Significant Accounting Policies City of Otsego May 9, 2002 Paae Two 0 Management has the responsibility for selection and use of appropriate accounting policies. In accordance with the terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their appli 0 0 ication. The significant accounting policies used by the City are described in Note I to the general purpose financial statements. No new accounting policies were adopted and the application of existing policies was not changed during 2001. We noted no transactions entered into by the City during the year that were both significant and unusual, and of which - under professional standards - we are required to inform you, or transactions for which there is a lack of authoritative guidance or consensus. Accounting Estimates Accounting estimates are an integral part of the general purpose financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future e' 'vents. Certain accounting estimates are particularly sensitive because of their significance to the general purpose financial statements and because of the possibility that future events affecting them may differ significantly fro`m' those expected. 0 Audit Adjustments For purposes of this letter, professional standards define an audit adjustment as a proposed correction of the combined financial statements that, in our judgment, may not have been detected except through our auditing procedures. An audit adjustment may or may not indicate matters that could have a significant effect on the City's financial reporting process (that is, cause future finaricial statements to be materially rnisstated). In our judgment, none of the adjustments we propos'e�d, whether recorded or unrecorded by the City, either individually or in the aggregate, indicate matters that could have a significant effect on the City's financial reporting process. 0 Disagreements with Management ft For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting or auditing matter that could be significant to the general purpose financial statements or the auditor's re C: audit. port. We are pleased to report that no such disagreements arose during the course of our Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the City's general purpose financial statements or a determination of the type of auditor's opinion that may be expressed On those statements, our professional standards require the consulting accountant to check with us to detern-dne that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Issues Discussed Prior to Retention of Independent Auditors We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. However, these discussions occurred in the nonnal course of our professional relationship and our responses were not a condition to our retention. Difflculties Encountered in Performing the Audit el We encountered no difficulties in dealing with management in performing our audit. City of Otsego �iay 9, 2002 131 P�ge Three Other Matters The following are items that came to our attention during the audit that we feel should be reviewed. Financial Position and Results of Operations GeneralFund The fund balance increased S73,142 to finish at $785,560. The City should maintain reserves at a level sufficient to proNide working capital until major revenue sources are received in July. The level needed equates to about 40 percent to 50 percent of planned expenditures. The City's current fund balance equates to 53 percent of the 2001 budget and 52 percent of 2001 actual expenditures and tran�fers. The fund balance is currently adequate but the State has recently indicated they may consider reviewing fund balance reserves of local governments when adjusting the local government aid formulas. This may negatively impact the City if reserves in excess of the amount needed for working capital are not designated. A designation indicates intended use of fund balance. We recommend the City make designations for intended use of fund balance when it significantly exceeds the 50 percent threshold for working capital. The following table analyzes fund balance as it relates to expenditures over the last five years: N 2001 02000 E) 1999 01998 .111997. Fund Balance as a Percent of Expenditures 0% 10% 20% 30% 40% 50% 60% 70% Budgeted Fund Fund Expenditures/ Balance Balance Transfers as a Percent 2001 S 785,560 $ 1,484,628 53 % 2000 712,418 1,473,068 48 1999 800,718 1,281,422 62 1998 587,904 1,246,052 47 1997 504,884 1,173,610 43 Fund Balance as a Percent of Expenditures 0% 10% 20% 30% 40% 50% 60% 70% City of Otsego May 9, 2002 4 Page Four me An adequate fund balance is necessary for the following reasons: Purposes and Benefits of a Fund Balance Expenditures are incurred somewhat evenly throughout the year. However, property tax and state aid revenues are not received until the second half of the year. An adequate fund balance will provide the cash flow required to finance the General Fund expenditures. The City is vulnerable to legislative actions at the State and Federal level. The State eliminated ILkCA aid with the 2001 legislative session. Levy hmits have also been implemented for municipalities in past legislative sessions. An adequate fund balance will provide a temporary buffer against those aid adjustments and levy limits. Expenditures not anticipated at the time the annual budget was adopted may need immediate Council action. These would include capital outlay replacement, lawsuits and other items. An adequate fund balance will provide the financino, needed for such expenditures. A stron- fund balance will assist the City in obtaining or improving a bond rating. 0 The 2001 operations are summarized as follows: Revenue Expenditures Excess of revenue over expenditures Other financing sources (uses) Operating transfers in Operating transfers out Excess (deficiency) of revenue and other financing sources over expenditures and other financing uses Fund balance, January I Fund balance, December 31 Variance - Favorable Budzet Actual - (Unfavorable 1,442,779 $ 1,556,681 $ 113,902 1,349,053 1,373,904 —___L2�4s5l) 93,726 182,777 89,051 25,940 25,940 035J75) (135,575) S 05�909) 73,142 712,418 S 785,560 The largest item of variance on the revenue side was general government charges for services. This item was $53,885 C� above bud -et and made up 47 percent of the total revenue vanance. 0 The largest expenditure variance was capital outlay for public works. This item was $34,554 over budget and represented 13 9 percent of the total expenditure variance. The remaining categories were relatively close to budget. 0 A comparison between 2001 and 2000 revenue is presented below: Revenue source Property taxes Licenses and permits Intergovernmental Charges for services Interest on investments Miscellaneous Operating transfers in Total revenue and transfers City of Otsego N71av 9. 2002 Page Five Percent Percent Increase of of (Decrease) 2001 Total 2000 Total —ftom 200o S 894,760 56.54% S 861,931 98,530 6.22 381,205 428,832 27.10 376,257 104,808 6.62 77,020 11,257 .71 53,509 18494 1.17 21.520 25,940 1.64 56.313 S 1,582,621 1QQ —00% A graphical presentation of 2001 revenue totals follows: 2001 Revenue Property taxes 56.54% Operating transfers M* 1.64% Miscellaneous 1.17% Interest on investments 0.71% Charges for services 6.62% Intergovernmental 27.10% 47.17% S 32,829 20.85 (282,675) 20.58 52.575 4.21 27,788 2.93 (42,252) 1.18 (3,026) 3.08 (30,373) 100-00% $===L245 L34) Licenses and permits 6.22% A comparison between 2001 and 2000 expenditures is presented below: Programs General government Public safety Public works Sanitation Culture and recreation Economic development Capital outlay Debt service Operating transfers out City of Otsego Mav 9, 2002 Page Six Percent Percent Increase of of (Decrease) 2001 Total 2000 Total - --ftom 2000 S 565,271 210,966 438,487 47,001 36,217 9,854 40,244 25,864 135,575 Total expenditures and trarL<ers S 1,509,479 37.45% S 550,580 13.98 354,538 29.05 371,499 3.11 39,321 2.40 35,412 .65 13,639 2.67 37,567 1.71 26,475 8.98 337,324 –LO -0-000/0 A graphical presentation of 2001 expenditure totals by program follows: Operating transfers out 8.98% Debt service 1.71% Capital outlq 2.67% Economic development 0.65% Culture and recreation 2.40% 2001 Expenditures General government 37.45% Sanitation 3.11% Public works 29.05% 31.17% $ 14,691 20.07 (143,572) 21.03 66,988 2.23 7,680 2.00 805 .77 (3,785) 2.13 2,677 1.50 (611) 19.10 (201,749) 100J00% ==== == o S (256,876) Public safety 13.98% City of Otsego May 9, 2002 Page Seven Special Revenue Funds The following table shows the special revenue ftinds, their fund balances for the last two years and the change: Fund Elk River Fire District Albertville Fire District Rogers Fire District Monticello Fire District Park Development Self Funding Insurance Capital Equipment Park and Recreation Park Shelter Park Tree Total Fund Balance (Deficit) Increase 12/31/01 12/31/00 (Decrease) Balance S 143,322 $ 110,151 33,171 6,809 10,950 (4,141) 6,485 1,670 4,815 (1,563) (1,542) (21) 1,284,139 635,382 648,757 23,579 22,472 1,107 (8,552) 57,233 (65,785) 9,503 2,345 7,158 (15,855) (15,855) - 435 133 --LO2 S 1,448,3Q2 S 822,939 5_k')j-,363 The majority of the overall fund balance has resulted from the significant park dedication fees in the Park Development fund. Debt Service Fund The debt service ftmds are used to account for the revenue received for the payment of bond principal and interest. The following is a recap of the cash, total assets and bonds outstanding for each issue of the City: Total S 6,345,506 5_6M5,220 The G.O. Improvement Bonds of 1991 are paid and the remaining resources should be transferred to an appropriate ffind. The other funds are accumulating sufficient resources to meet their obligation. Cash Total Bonds Fund Balance Assets ' OutstandiniZ- _Lfaturitv G.O. Improvement Bonds 1991 $ 25,583 $ 26,871 $ - G.O. Bonds of 1996 229,065 389,410 355000 2007 G.O. Water and Sewer Bonds of 1998 and 1999A 5,775,489 5,870,968 6,850:000 2020 G.O. Improvement Bonds of 1999B 315.369 697,971. 1,460,000 2009 Total S 6,345,506 5_6M5,220 The G.O. Improvement Bonds of 1991 are paid and the remaining resources should be transferred to an appropriate ffind. The other funds are accumulating sufficient resources to meet their obligation. Capital Projects Funds The following summarizes each fund and their fund balances for the previous two years: Municipal Building MSA Construction No. Mississippi Watershed Project Lefebve Watershed Project 1998 Odean Project Revolving Capital Improvements Water and Sewer Construction 1999 Overlay 78'h Street and Pacye Avenue 88th Street Improvements Kadler Ave Project WWTP West Phase I WWTP East Phase H Slab Town Improvements 85'h Street Project Total City of Otse�'o C May 9, 2002 Paae Eiaht 0 a Fund Balance (Deficit) Increase 12/31/01 12/31/00 �Decrease) S 171,600 $ 163,546 8,054 16,519 3,352 13,167 (98,024) (96,954) (1,070) 209,169 35,459 173,710 (332,539) (284,518) (48,021) 766,394 386,764 379,630 173,604 241,626 (68,022) 419,585 598,873 (179,288") 134,026 (758,343) 892,369 (246,976) (123,568) (123,408) (17,843) - (17,843) (55,376) - (55,376) (152,205) - (152,205) (147,940) - (147,940) (5,236) ___j5 �236) 834,758 166,237 S—L68.521 The City should review the status of each fund annually to plan funding sources for deficits and to determine if projects have been completed. If projects are completed, the capital projects fu'--nd needs to be closed. Enterprise Funds Enterprise funds account for the business type activities of the City, which are the Water and Sewer funds. Water Fund The operations of the Water fund are summarized below: Operating revenue Operating expense 0 Operating income (loss) C Nonoperating expense Net income (loss) Credit for depreciation on contributed assets Increase (decrease) in retained eamings Cash deficit at year end Bonds payable Depreciation expense will increase significantly in the next few years as the costs of the system are now starting to be depreciated, It will be very important to monitor the rates in relation to the cash flow and planned capital needs of the fund. The City needs to build some, if not all, of the costs of depreciation into the rates. The increasincy cash deficit is evidence that rates are not providing enough revenue to cover the costs of operations. a Percent of Percent of Total Total 2001 — Revenue 2)00 --- —Le_venue 175,916 100.00% $ 57,817 100.00% (160,217) (91.08) (84,080) L11L42) 15,699 8.92 (26,263) (45.42) (1,793) (1.02) (6,340) La.97) 13,906 7.90 (32,603) (56.39) 307 .17 14.113 —BM% - $32,603 --(56, )% S (46.1.91) (21,774) 99,000 Depreciation expense will increase significantly in the next few years as the costs of the system are now starting to be depreciated, It will be very important to monitor the rates in relation to the cash flow and planned capital needs of the fund. The City needs to build some, if not all, of the costs of depreciation into the rates. The increasincy cash deficit is evidence that rates are not providing enough revenue to cover the costs of operations. a City of Otsego May 9, 2002 Paae Nine 0 Sewer Fund The operations of the Sewer fund are summarized below: Like the Water fund, it will be important to monitor rates closely in the Sewer fund. Building Fee Reporting Requirement The 2001 Legislature provided for law MS 16B.685 which requires all municipalities to file an annual construction and develop me nt-re I ated fee report to the Department of Administration. The first report will be due April 1, 2003.and will cover the year ended December 31, 2002. The content of the report will be as follows: I. The number and valuation of units for which fees were paid. 2. The amount of building permit fees, plan review fees, administrative fees, en-ineerincy fees, infrastructure fees and 0. 0 0 other construction and development related fees. 3. The expenses associated with the municipal activities for which fees were collected. The first two items have always been available while the third may require additional effort to report the most accurate information. Most cities have not allocated indirect costs to the Building Department. Some consideration of all the costs directly and indirectly related to providing Building Department services will help the City report the most accurate information. It doesn't 0 appear that there is a consequence to reporting profitable operations but this information could be used for further lobbying efforts c and legislation aimed at restricting the amount of the fees. If needed, we are prepared to provide assistance in completing the form. Governmental Accounting Standards Board (GASB) Statement No. 34, Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments We have discussed GASB 34 in detail in our manaaement letter each of the last two years. This statement is a major overhaul in the way government financial statements look and t0he information contained within. It is intended to make the City's annual financial report more user friendly for citizens, staff, council and those that provide resources to the City. We are prepared to offer assistance and direction on implementation but staff and council can find many resources relating to Statement #34 on GASB's web site (http:!/accounting.rutgers.edu/raw/gasb/repmodeUindex.ht-nl). We have discussed some of the items needina preparation in advance of implementation with your Finance Director and listed below are some key dates and activities: Statement implementation date: Year ending, December 31, 2004 Items needing completion by City: 0 Infrastructure asset inventory: Year ending, December 31, 2003 Capital asset inventory: Year ending, December 31, 2003 Management Discussion and Analysis Letter (MD&A): Year ending, December 31, 2004 0 These are recommended timelines for completion but the City can complete any of them before the date identified. Percent of Percent of Total Total 2001 Revenue Revenue Operating revenue . 0 g Operating expense $ 36,991 100.00% $ 4,327 100.00% (66,030) (178.50) (48,601) (IJ23. 0) Operating loss C, (29,039) (78.50) (44.274) (t,023-20 Net income (loss) (29,039) (78.50) (44,274) (1,023.20) Credit for depreciation on contributed assets 307 .83 Increase (decrease) in retained eamings S (28.732) )% Cash deficit at year end S (79AU) Like the Water fund, it will be important to monitor rates closely in the Sewer fund. Building Fee Reporting Requirement The 2001 Legislature provided for law MS 16B.685 which requires all municipalities to file an annual construction and develop me nt-re I ated fee report to the Department of Administration. The first report will be due April 1, 2003.and will cover the year ended December 31, 2002. The content of the report will be as follows: I. The number and valuation of units for which fees were paid. 2. The amount of building permit fees, plan review fees, administrative fees, en-ineerincy fees, infrastructure fees and 0. 0 0 other construction and development related fees. 3. The expenses associated with the municipal activities for which fees were collected. The first two items have always been available while the third may require additional effort to report the most accurate information. Most cities have not allocated indirect costs to the Building Department. Some consideration of all the costs directly and indirectly related to providing Building Department services will help the City report the most accurate information. It doesn't 0 appear that there is a consequence to reporting profitable operations but this information could be used for further lobbying efforts c and legislation aimed at restricting the amount of the fees. If needed, we are prepared to provide assistance in completing the form. Governmental Accounting Standards Board (GASB) Statement No. 34, Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments We have discussed GASB 34 in detail in our manaaement letter each of the last two years. This statement is a major overhaul in the way government financial statements look and t0he information contained within. It is intended to make the City's annual financial report more user friendly for citizens, staff, council and those that provide resources to the City. We are prepared to offer assistance and direction on implementation but staff and council can find many resources relating to Statement #34 on GASB's web site (http:!/accounting.rutgers.edu/raw/gasb/repmodeUindex.ht-nl). We have discussed some of the items needina preparation in advance of implementation with your Finance Director and listed below are some key dates and activities: Statement implementation date: Year ending, December 31, 2004 Items needing completion by City: 0 Infrastructure asset inventory: Year ending, December 31, 2003 Capital asset inventory: Year ending, December 31, 2003 Management Discussion and Analysis Letter (MD&A): Year ending, December 31, 2004 0 These are recommended timelines for completion but the City can complete any of them before the date identified. City of Otsego May 9, 2002 Page Ten This report is intended solely for the information and use of management, Council and the Minnesota Office of the State Auditor and is not intended to be and should not be used by anyone other than these specified parties. The comments and recommendations in the report are purely constructive in nature, and should be read in this context. Our audit would not necessarily disclose all weaknesses in the system because it was based on selected tests of the accounting records and related data. If you have any questions or wish to discuss any of the items contained in this letter, please feel free to contact us at your convenience. We wish to thank you for the opportunity to be of service and for the courtesy and cooperation extended to us by your staff. Uk) LLP May 9, 2002 ABDO, EICK & MEYERS, LLP Minneapolis, Minnesota Certified Public Accountants ITEM 4.2. RESOLUTION NO. 2002-26 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. A. The sum of $26,871 remaining in the 1991 General Obligation (GO) Improvement Bond Fund is transferred to the Capital Improvements Fund and the 1991 General Obligation (GO) Improvement Bond Fund is hereby closed. Dated this 8th day of July, 2002 ATTEST: Judy Hudson, City Clerk CITY OF OTSEGO Larry Fournier, Mayor CLAIMS LIST CITY COUNCIL MEETING JULY 8, 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 6-27-2002 $36,350.80 7-02-2002 $172,531.47 GRAND TOTAL $208,882.27 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 06/27/02 9:45 AM *Check Summary Register@ Page 1 JUNE 2002 Name Check Date Check Amt 10100 BANKOFELKRIVER UnPaid BOISE CASCADE OFFICE PRODUCTS UnPaid BREZE INDUSTRIES $363.84 UnPaid CARLSON TRACTOR & EQUIP. Co. $100.1 1 UnPaid CHRISTIAN BUILDERS INC $108.28 UnPaid DRAKE CONSTRUCTION, INC. $1,00o.00 UnPaid DUSTCOATING, INC. $3,000.00 UnPaid ECM PUBLISHERS INC $5,123.14 UnPaid FLOYD TOTAL SECURITY $404.44 UnPaid FORTIS BENEFITS INSURANCE CO $101.07 UnPaid GRANITE CITY LEASING INC $94.19 UnPajd HAWTHORNE HOMES INC $34.02 UnPaid HEARTHSTONE BUILDERS $1,000.00 UnPajd ICMA RETIREMENT TRUST $1,600.00 UnPaid J. D. ROOFING & CONSTR INC $422.31 UnPaid JANSEN HOMES $7,000.0o UnPaid JASON PETERSON $1,000.00 UnPaid KENNEDY& GRAVEN, CHARTERED $1,000.00 UnPaid MB&A ARCHITECTURAL PRODUCTS $2,005.80 UnPaid MICHAEL JOHN ROBERTSON $2,386.00 UnPajd MINKS ENTERPRISES INC $534.65 UnPaid MINNESOTA COPY SYSTEMS $1,000.00 UnPaid PUBLIC EMPLOYEES RETIREMENT FD $569.44 UnPajd PURCHASE POWER $1,369.94 UnPaid RANDY'S SANITATION $36.31 JnPajd SCOTT WALLIN $97-26 UnPaid SEMLER CONSTRUCTION INC $1,000.00 UnPaid T H CONSTRUCTION OF ANOKA INC $1.000.00 UnPaid TIMBER CREEK HOMES INC $1,000.00 UnPajd TWIN RIVERS CONSTRUCTION INC $1,000.00 UnPaid WILSON DEVELOPMENT COMPANY INC $1,000.00 $1,000.00 Total Checks $36,350.80 FILTER: None CITY OF OTSEGO C6/27/02 9:45 AM *Check Detail Reqister@ Page I JUNE 2002 '01 CheckAmt Invokg ;K Comm Unp!d E101-41400-201 OfficaSupplies $363.84 008795 OFFICE SUPPLIES Total BOISE CASCADE OFFICE PRODUCTS $363.84 -BREZE IND-USTRIES - ...... E 101-43100-203 Supplies - General $100-11 13025 EARPLUGS Total BREZE INDUSTRIES $100.11 Unpaid CARLSON TRACTOR & EQUIP. Co. E101-43100-220 Repair/Maint Supply (GENERAL) $4.00 2006685 PIN E101-43100-220 Repair/Maint supply (GENERAL) _1104.28 2006686 KNIFE, BOLT, NUT Total CARLSON TRACTOR & EQUIP. Co. $108.28 Unpaid CHRISTIAN BUILDERS INC E702-41400-310 Miscellaneous $1,000.00 Total CHRISTIAN BUILDERS INd $1,000,00 E 702-41400-310 Miscellaneous $1,000.00 15495 79TH LNDSCP REFUND E 702-414OG-310 Miscellaneous $1,000.00 7877 PALMGREN LNDSCP REFUND E 702-41400-310 Miscellaneous $1,000.00 7888 PARELL LNDSCP REUND Total DRAKE CONSTRUCTION, INC. $3,000.00 Unpaid DUSTCOATING, INC. E 101-43100-436 Dustcoating $5,123.14 1260 DUST CONTROL Total DUSTCOATING, INC. $5,123.14 E 101-41400-350 Print/Binding (GENERAL) $57-04 130253 ORDINANCE 2002-og E 601-49400-350 Print/Bincling (GENERAL) $347.40 130254 WATER REPORT Total ECM PUBLISHERS INC $404.44 Unpaid FLOYD TOTAL SECURITY . .... . .. G 701-21927 0. Thompson CUP 99-18 $10.65 681591 MISC MATER LOCK/SHACKLE G 701-21927 0. Thompson CUP 99-18 $90.42 681592 PADLOCK CUT BY CONTRACTOR Total FLOYD TOTAL SECURITY $101.07 Unpaid ------- - FORTIS BENEFITS INSURANCE CO E 101-41400-130 Employer Paid Ins (GENERAL) $54.00 ADMIN - JULY E 101-43100-130 Employer Paid Ins (GENERAL) ---Ai0- 19 PW - JULY Total FORTIS BENEFITS INSURANCE CO $94.19 Unpaid GRANITE CHV LEASING 'INC E101-41400-413 Office Equipment Rental $34.02 16 TOSHIBA FAX Total GRANITE CITY LEASING INC $34.02 E 702-41400-310 Miscellaneous $1,000.00 7810 PALIVIGREN LNDSCP REFUND Total HAWTHORNE HOMES INC $1,000.00 Unpaid . .............. HEARTHSIT.O.-N.-E �BUILDER-S E 702-414OG-310 Miscellaneous $600.00 7818 PARK LNDSCP REFUND E 702-41400-310 Miscellaneous $1,000.00 15682 78TH CT LNDSCP REFUND Total HEARTHSTONE BUILDERS $1,600.00 E 101-41400-121 PERA $192.31 PPE 6/22 CK DTD 6/26 G 101-21705 Other Retirement $230.00 PPE 6/22 CK DTD 6/26 CITY OF OTSEGO 06/27/02 9:45 AM *Check Detail Reqister@ Page 2 JUNE 2002 Total ICMA RETIREMENT TRUST $422.31 npaid J.D.RO*OFIN—G&-`C`ONS.-TR-1.NC: E 702-41400-310 Miscellaneous $1,000.00 E 702-414CO-31 0 Miscellaneous $1,000.00 8136 PALMGREN REFUND E 702-41400-310 Miscellaneous 7838 PALMGREN LNSCP REFUND E 702-41400-310 Miscellaneous $1,000.00 7962 PALMGREN REFUND E 702-41400-310 Miscellaneous $1,000.00 8140 PARELL REFUND E 702-41400-3 10 Miscellaneous $1,000.00 8268 PARELL REFUND E 702-41400-310 Miscellaneous $1,000.00 $1,000.00 8106 PARELL REFUND Total J. D. ROOFING & CONSTR INC $7,000.00 7998 PALMGREN REFUND npaid JANSEN iZM—E E 702-41400-310 Miscellaneous $1,000.00 Total JANSEN HOMES 7993 PALMGREN LNDSCP REFUND $1,000.00 JASON E702-41400-310 Miscellaneous $1,000.00 Total JASON PETERSON $1,000.00 15575 78TH CRT REFUND npaid KENNEDY & GRAV'EN,'CHARTERED . . ........... .................... E101-41700-301 LegalServices $751.43 G 701-21990 W H U N K $1,254.37 CHARTER Total KENNEDY & GRAVEN, CHARTERED $2,006.80 WH LINK Inpaid MB&A ARCHITECTURAL E101-41-940-402 Repairs/Mai nt Buildings s 2,386.00 Total MB&A ARCHITECTURAL PRODUCTS $2,386.00 SKYLITE PANELS Inpaid E 101-41400-360 Educabon/Training/Conterences $534.65 —$534.65 REIMBUR. - ROCH CONF Total MICHAEL JOHN ROBERTSON Unpaid MINKS ENTERPRISES INC E 702-41400-310 Miscellaneous $1,000-00 7870 PADRE COVE LNDSCP REFUND Total MINKS ENTERPRISES INC $1,000.00 npaid MINNESOTA COPY SYSTEMS -- — - — ------------------------ ................... E101-41400-413 Office Equipment Rental $569.44 107714 COPYMACHINE Total MINNESOTA COPY SYSTEMS $569.44 G 101-21704 PERA E 101-41400-121 PERA $657.27 PPE 6/22 CK DTO 6126 E 101-41550-121 PERA $304.68 PPE 6122 CK OTD 6/26 E 101-41400-121 PERA $110.60 PPE 6/22 CK DTD 6/26 $297.39 Total PUBLIC EMPLOYEES RETIREMENT FD PPE 6/22 CK DTO 6/26 Unpaid $1,369.94 -- PURCHASE POWER E 101-41400-206 Postage $36.31 Total PURCHASE POWER $36.31 POSTAGE Inpaid E 101-43100-325 Garbage Service $38.61 E 101-41940-325 Garbage Service $58.65 GARBAGE Total RANDY'S SANITATION $97.26 GARBAGE Unpaid ic, —01T`f`WAL'—LIN E 702-41400-310 Miscellaneous $1,000.00 7841 PALMGREN LANDSCAPE CITY OF OTSEGO 06/27/02 9:45 AM *Check Detail Re_qister@ Page 3 JUNE 2002 10100 BANKOFELKRIVER $36,350.80 FILTER: None fl-hoCkAMt Invallem Total SCOTT WALLIN $1,000.00 COM ant Unpaid SEMLER CONSTRUCTION INC E702-41400-310 Miscellaneous $1,000.00 7895 PADGETT LNDSCP REFUND Total SEMLER CONSTRUCTION INC $1,000.00 paid T H CONSTRUCTION OF ANOKA INC . ................................ E 702-41400-310 Miscellaneous $1,000.00 7094 ODELL LNDSCP REFUND Total T H CONSTRUCTION OF ANOKA INC $1,000.00 Unpaid TIMBER CREEK HOMES INC E 702-41400-310 Miscellaneous $1,000.00 6077 PADGETT REFUND Total TIMBER CREEK HOMES INC $1,000.00 U TWIN RIVERS CONSTRUCTION INC E702-41400-310 Miscellaneous $1,000.00 7807 PALMGREN LNDSCP REFUND Total TWIN RIVERS CONSTRUCTION INC $1,000.00 �ZSON COMPANY INC E702-41400-310 Miscdlangous $1,000.00 15415 81ST CRT LNDSCP REFUND Total WILSON DEVELOPMENT COMPANY INC $1,000.00 10100 BANKOFELKRIVER $36,350.80 FILTER: None CFTY OF OTSEGO 07/02/02 1:41 PM Page 1 *Check Summary RegisterC JULY 2002 FILTER: None Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid CLARENCE EULL APPRAISAL $508.70 UnPaid DAVID CHASE $30.00 UnPaid EARL F ANDERSON INC $165.35 UnPaid ECM PUBLISHERS INC $565.14 UnPaid ELK RIVER FLORAL $37.95 UnPaid ELK RIVER PRINTING & PARTY PLU $15.98 UnPaid FENNA HOMES $2,000.00 UnPaid FINKEN'S WATER CARE $78.79 UnPaid G R MECHANICAL PLUMBING & HEAT $507.95 UnPaid HAKANSON ANDERSON ASSOC INC $33,174.11 UnPaid JERRYOLSON $21,107.96 UnPaid JOYCE B. FARRELL, CFRA $507.25 UnPaid KNUTSON RICK $30.00 UnPaid LANDCOR INC $75,000.00 UnPaid LONG & SONS $498.15 UnPaid MONARCH HOMES, INC. $1,000.00 UnPaid OMANN BROTHERS INC. $27.85 UnPaid RUBEN BONK $505.80 UnPaid SLATER HYDROSEEDING $3,193.25 UnPaid SUPERIOR LAWN & SNOW $3,560.83 UnPaid TROPHIES PLUS $36.43 UnPaid VOLK SEWER & WATER INC $9,661.65 UnPaid WRIGHT COUNTY AUDITOR -TREASURE $20,318.33 Total Checks $172.531.47 FILTER: None CITY OF OTSEGO 07/02/02 1:41 PM Page 1 *Check Detail Reqister@ JULY 2002 10100 BANKOFELKRIVER Unpaid CLARENCE EULL APPRAISAL ---------------------------------- - E 413-43100-310 Miscellaneous $508.70 KNOLL PROP/ODEAN AVE Total CLARENCE EULL APPRAISAL $508.70 DAVID CHASE E 101-43100-320 Telephone $30.00 JULY CELL PHONE Total DAVID CHASE $30.00 Unpaid EARL F ANDERi6f W E 101-43100-393 Street Signs $165.35 48000 CHILDREN AT PLAY SIGNS Total EARL F ANDERSON INC $165.35 Unpaid ECM PUBLISHERS INC . . ....... . . .............. E 101-41400-347 Newsletter $112.64 130697 OTSEGO VIEW OUTSERTS E 101 -41400-350 Print/Binding (GENERAL) $49.26 130926 NOTE OF PH - DEMARS E 101-41400-347 Newsletter $403.24 130930 OTSEGO VIEW PRINTING Total ECM PUBLISHERS INC $565.14 Unpaid ELK RIVER FLORAL E 101-41400-310 Miscellaneous $37.95 2924 JERRYOLSON -GWS Total ELK RIVER FLORAL: $37.95 Unpaid ELK RIVER PRINT114G & PARTY PLU E 101-41400-203 Supplies - General $15.98 15450 LIQUOR LIC. APPLICATIONS Total ELK RIVER PRINTING & PARTY PLU $15.98 Unpaid FENNA HOMES E 702-41400-310 Miscellaneous $1.000.00 15139 83RD ST LNDSCP REFUND E 702-41400-310 Miscellaneous $1,000.00 8194 PADGETT LNDSCP REFUND Total FENNA HOMES $2,000.00 Unpaid FINKEN'S WATER CARE . ........... .................... E 101-41950-310 Miscellaneous $29.82 13620 90TH ST E 101-41940-390 Contracted Services $38.85 CITY HALL E 101-43100-310 Miscellaneous $10.12 13474 95TH ST Total FINKEN'S WATER CARE $78.79 Unpaid G R MECHANICAL PLUMBING & HEAT E601-49400-220 Repair/Maint Supply (GENERAL) $507.95 4280 BULK WATER METER Total G R MECHANICAL PLUMBING & HEAT $507.95 Unpaid HAKANSON ANDERSON ASSOC INC G 701-21922 Pheasant Ridge $65.03 5918 PR 2 G 701-21936 Mississippi Pines PUD 00 $996.76 5919 MISSISSIPPI PINES G 701-21940 The 'Point 1 & 2' - Big Ed's $97.55 5920 THE POINTE G 701-21938 TMH Development $27.50 5921 TODAY G 701-21947 Prairie Creek 3rd Addn $28.88 5922 PC3 G 701-21973 Pheasant Ridge 5th $127.14 5923 PR 5 G 701-21977 Stone Gate 2nd $65-03 5924 STONEGATE2 G 701-21958 Crimson Ponds 111 $1,437.03 5925 CP4 G 701-22315 OTSEGO MEADOWS GOLF $150.00 5926 OTSEGO MEADOWS GOLF G 701-21927 0. Thompson CUP 99-18 $2,884.87 5927 RIVERPOINTE 1 G 701-21941 Pulte Prairie Crk 2nd $95.74 5928 PC2 G 701-21949 Stone Gate Estates $310.81 5929 STONEGATE1 G 701-21982 Prairie Creek 5th $68.68 5930 PC5 G 701-21993 Otsego Farms $299.21 5931 OTSEGO FARMS G 701-22321 RIVERPOINTE 2ND $1,275.76 5932 RIVERPOINTE 2 CITY OF OTSEGO 07/02/02 1:41 PM Page 2 *Check Detail Reqister@ JULY 2002 G 701-22314 BARTHELFEEDLOT Q—kat $354.76 Invoice 5,934 Comment BARTHEL G 701-22304 OTSEGO WATERFRONT $206.94 5935 OTSEGO WATERFRONT G 701-21940 The 'Point 1 & 2* - Big Ed's $5,791.74 5937 THE POINTE 2 G 701-21961 Pheasant Ridge #rd & 4th $65.03 5938 PR 3 G 701-21961 Pheasant Ridge #rd & 4th $157.12 5939 PR4 G 701-21980 Hidden Creek Trail Subd $2,427.88 5940 HIDDEN CREEK TRAILS G 701-21987 Baurely site Plan Review $520.26 5941 1-94 WEST IND PARK E 101-43100-302 Engineering Fees $1,319.68 5942 02 ROAD MAINT PROJECT E 101-41400-348 Maps $112.06 6943 CITY MAP E 101-41560-302 Engineering Fees $360.95 5944 STAFF MEETING G 701-22312 FEMAFLOODAREAPARISH $3,046.50 5945 FEMA G 701-22313 BLACKWOODS SITE $1,711.13 5949 BLACKWOODS E 203-45210-302 Engineering Fees $1,547.16 5950 PRAIRIE &MISS PINES PARK E 101-41560-302 Engineering Foes $1,558.57 5951 MISC ENG E 423-43100-302 Engineering Fees $4,427.39 5953 QUADAY & 91 ST E 42G-43100-302 Engineering Fees $1,636.95 5954 PAGE 79TH TO 85TH Total HAKANSON ANDERSON ASSOC INC $33,174.11 Unpaid JERRY OLSON ................................ E 250-42410-390 Contracted Services $21,107.96 JUNE PERMITS Total JERRY OLSON $21,107.96 Unpaid JOYCE B. FARRELL, CFRA E 413-43100-310 Miscellaneous $507.25 KNOLL PROP/ODEAN AVE Total JOYCE B. FARRELL, CFRA $507.25 Unpaid KNUTSON RICK .................... E 101-43100-320 Telephone $30.00 JULY CELL PHONE Total KNUTSON RICK $30.00 Unpaid LANDCORINC: G 701-22304 OTSEGO WATERFRONT $75,000.00 ESCROW REFUND Total LANDCOR INC $75,000.00 LONG & SONS ......... .. ................... E 101-41940-389 Cleaning Services $430.40 JUNE CLEANING E 101-41940-203 Supplies - General $29.95 T PAPER E 101-41940-203 Supplies - General $37.80 C -FOLDS Total LONG & SONS $498.15 Unpaid MONARCH HOMES, E702-41400-310 Miscellaneous $1,000.00 8114 PALMGREN LNDSCP REFUND Total MONARCH HOMES, INC. $1,000.00 Unpaid OMANN BROTHERS INC. E 101-43100-433 Crackfilling $27.85 4581 AC MIX Total OMANN BROTHERS INC. $27.85 Unpaid RUBEN BONK E 413-43100-310 Miscellaneous $505.80 KNOLL PROP/ODEAN Total RUBEN BONK $505.80 Unpaid SLATER HYDROSEEDIING ......... ................... .......... E 413-43100-390 Contracted Services $3,193.25 1/2 PAYMENT ODEAN AVE Total SLATER HYDROSEEDING $3,193.25 Unpaid SUPERIOR LAWN & SNOW E 101 -41940-390 Contracted Services $249.50 295 CITY HALL - FERTILIZATION E 601-49400-390 Contracted Services $20.00 295 CITY WELL CITY OF OTSEGO 07/02/02 1:41 PM *Check Detail Re-qisterC Page 3 JULY 2002 E 101-41940-390 Contracted Services Chock Amt $360-00 Inv 295 0 Cam It BIKE PATHS E 101-45200-390 Contracted Services $778-00 295 SALL FIELDS E 101-45200-390 Contracted Services $352.00 295 WOODED PRAIRIE PARK E 101-41940-390 Contracted Services $300-00 295 CITY HALL E 601-49400-390 Contracted Services $276-00 295 PUMP HOUSE 1 E 101-41950-310 Miscellaneous $236.00 295 OLD CITY HALL E 101-41940-390 Contracted services $217.33 295 TAX E 101-45200-390 Contracted Services $216-00 295 SWALE & S WOODED E 601-49400-390 Contracted Services $200.00 295 WATER TOWER E 101-45200-390 Contracted Services $140-00 295 BALL FIELDS ROUND UP E 101-41940-390 Contracted Services $98-00 295 OAKWOOD LOT E 602-49450-390 Contracted Services . . . 111800 295 SEWAGE PLANT Total SUPERIOR LAWN & SNOW $3,560.83 npaid TROPHIES PLUS E 101-41400-310 Miscellaneous $36.43 NAME PLATES Total TROPHIES PLUS $36.43 Unpaid VOLK SEWER & WATER INC E415-43251-500 Capital Outlay (GENERAL) $9,661.65 85TH ST PADGETT TO PARK Total VOLK SEWER & WATER INC $9,661.65 UnpWd ... ......... E 101-42100-390 Contracted Services $20 318-33 7 MONTH OF JULY PATROL Total WRIGHT COUNTY AUDITOR -TREASURE $20,318.33 10100 BANKOFELKRIVER $172,531.47 FILTER: None 08: 43 NRC 612 595 9837 P-02/06 ITEM 5.2. ASSOCNATIO CORSO LTARTS0, 1HC1 5775 Wayzata Bouievard, Suite 555, St. Louis Park, MN 55416 Telephone, 952.595.9636 Facslmile: 952.595.9837 plannersOnacplanning.com MEMORANDUM TO: FROM: DATE: RE: REPORT DATE: NAC FILE - Otsego Mayor and City Council Bob Kirmis July 2, 2002 Otsego -Thomas Reger Building Relocation CUP June 11, 2002 176.02 -02.21 CITY FILE: 2002-23 Please be advised that the Planning Commission held a public hearing on July 1, 2002 to consider t ' he CUP application for Thomas Reger to relocate an accessory building to 14857 92nd Circle NE. Mr. Reger was in attendance at the meeting but made no comments. The Planning Commission had no questions or further comments. After closing the public hearing, the Planning Commission voted 4-0 to recommend approval of the CUP. Findings consistent with this recommendation are attached for action by the City Council at their meeting on July 8, 2002 at 6:30 PM. The recommendation for approval was subject to the following conditions: A building permit is applied for and approved by the Building Official prior to the relocation of the structure. 2. The relocated structure shall be ready for occupancy within six (6) months from the date of location on site, subject to approval of the Building Official. 3. A security as required by Section 20-19-3 of the Zoning Ordinance, as determined by the Building Official is posted. JUL-02-2002 08:43 NAC 612 595 983? P.03/06 pc: Mike Robertson Judy Hudson Jerry Olson Andy MacArthur Ron Wagner Thomas Reger JUL-02-2002 08:43 NAC CITY OF 0 T S E G 0 WMGHT COUNTY, MDWESOTA 612 595 ge37 P.04/06 07-02-02 CUP Findings of Fact & Decision Applicant's Name: Thomas Rage Request; Application to relocate an existing accessory building to a property at 14857 92nd Circle NE. City Council Meeting Date: 8 July 2002 Findings of Fact: 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: I . The legal description of the property is described as Lot 1, Block 6, Antelope Park. 2. The property lies within the Long Range Urban Service Area and is guided for low density residential land use by the City of Otsego Comprehensive Plan. 3. The property is zoned R-3, Residential - Long Range Urban Service District (General); buildings accessory to single family dwellings are permitted accessory uses in this District. 4. The relocation of existing structures to lots within the City of Otsego requires consideration of a conditional use permit pursuant to Section 19 of the Zoning Ordinance. 5. The Planning Commission and City Council must take into consideration the possible effects of the conditional use with their judgement based upon (but not limited to) the criteria outlined in Section 20-4-2.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 f011owing policies may be cited in support the applicant's request. The Character of individual neighborhoods shall be reinlhrved� maintained and upgraded- (Policy Plan, pg. 40) B. The proposed use's compatibility wifth present and future land uses of the area, Finding. The area is developed with low density single family residential uses, many of which have detached accessory structures. As such, the proposed use will be compatible with present and future land uses. JUL-02-2002 OB:43 NRC 612 595 9837 P.05/06 C. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: As noted above, the subject site and relocated structure conform with all applicabie perthrmance standards. A certificate of survey is necessary to document compliance. D. The proposed use's effect upon the area in which it is proposed. Finding: The relocated accessory building may be considered an improvement of the property and is therefore expected to have a positive effect on the neighborhood. 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 relocated structure will access off of 92nd Circle and will not generate traffic beyond the capabilities of streets serving the subject property. 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. 6. The planning report dated I I June 2002 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 7. The Otsego Planning Commission conducted a public hearing at their regular meeting on 1 July 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 4-0 vote that the City Council approve the conditional use permit 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, subject to the following conditions: A building permit is applied for and approved by the Building Official prior to relocation of the structure. JUL-02-2002 oe:44 NAC 612 s9s 9e37 P.06/06 2. The relocated structure shall be ready for occupancy within six (6) months from the date of location on site, subject to approval of the Building Official. 3. A security is posted as required by Section 20-19-3 of the Zoning Ordinance in an amount determined by the building official. PASSED by the Otsego City Council this e day of July, 2002. CITY OF OTSEGO By: Larry Fournier, Mayor Attest: Judy Hudson, Zoning Administrator/City Clerk 'M-rnj D MC NORT"WaST ASSOCIATto Ca"autTANTS" INC, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952-595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: FROM: DATE - RE: NAC FILE: Otsego Mayor and City Council Daniel Licht 28 June 2002 Otsego - Pheasant Dreams 176.08 - 02.19 Ilk At their meeting on 24 June 2002, the City Council received a complaint about shooters at the Pheasant Dreams Shooting Preserve being too close to residential properties adjacent to the hunting fields. Attached please find past correspondence regarding DNR licencing and City controls applicable to the operation of Shooting Preserves. This issue is to be discussed at the 8 July 2002 City Council meeting. The City Council should provide staff with direction as to any action to be taken with regards to the complaint and the larger issue of regulating the use. Please note that the City Council will be considering updating its No Firearms Discharge Zone Map based on changes that have occurred in the City since the original map was established. The existing map and a draft version of the proposed map is also attached for reference. pc. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner SOW Ike"* N ORTHWEST ASSOCIAt-E-D CONSULTANTS I N C '%=#V COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM - via fax transmission TO: Andrew MacArthur FROM: Daniel Licht DATE.- 2 February 2000 RE: Otsego - Pheasant Dreams FILE NO.: 176.08 PAGES: 2 As you are aware, Mr. Greg LeFebvre operates a DNR licenced shooting preserve in Otsego entitled Pheasant Dreams. Mr. LeFebvre's correspondence of 12 January 2000. requests the City pay compensation for the shooting preserve's lost revenue due flooding of lands utilized by Pheasant Dreams caused by a dewatering project for the Crimson Ponds subdivision. Based upon our discussion'bf Mr. LeFebvre's demands, our office has reviewed State Statutes and Rules applicable to the operation of game farms and shooting preserves. In review of the State Statutes and Rules, Pheasant Dreams raises a number of issues with the Zoning Ordinance. State Statue and Rules distinguishes game farms (Sec. 97A.105) and shooting preserves (Sec 97A 115 and 97A.121 and Rules 6242). A game farm engages in the raising or Wild animals as an agricultural commodity; whereas a shooting preserve, such as Pheasant Dreams, is established for private or commercial hunting of released game. Based upon the Statute and Rules, it is our interpretation that within the Zoning Ordinance a game farm would be included Within the definition of agriculture and a shooting preserve would be defined as a commercial recreation use. Commercial recreation uses are allowed in the A-1 District by conditional use permit. Although the commercial shooting preserve use was established in 1987, prior to the City incorporation in 1991, a CUP would have been required under the Wright County Zoning Ordinance as well. Our office has no. records of any application or approvals being granted for commercial recreational use of the properties noted in Mr. LeFebvre's correspondence that have been used for these purposes since 1987 or more recently the leased properties used since 1991 and approximately 1996. 5775 WAYZATA BOULEVARD, SUITE 55-5 ST. LOUIS PARK, MINNESOTA 55416 PHONE 6 1 2-595-9636 FAX 61 2-595-9837 E-MAIL NAC@WINTERNET.COM The land formerly owned by Russell Marties was rezoned on July 26, 1999 to R-4 District as part of the Pheasant Ridge preliminary and final plat applications by developer Arcon Development Inc. The uses allowed in this District do not include agricultural uses or commercial recreation uses. Therefore, Pheasant Dreams has no rights under the Zoning Ordinance to use this property as a shooting preserve. State Statute and Rules require game farms and shooting preserves to be licenced by the Department of Natural Resources. As such, the DNR licence should specifically identify the lands in question as part of the shooting preserve in order for Pheasant Dreams to release game for commercial hunting. In conclusion, it is our opinion that Pheasant Dreams is a commercial recreational use, which required approval of a CUP under either County or City jurisdiction. Also, Pheasant Dreams is required to have a DNR issued licence for lands upon which the shooting preserve operates. Our office has no records that indicate any such approvals have been granted to allow commercial recreational use of either land owned by the LeFebvre family, their corporation(s) or lands leased by Pheasant Dreams. City files should be consulted to verify if any approvals have in fact been granted. If in fact no conditional use permit for commercial recreation has been approved, either by Wright County or the City of Otsego, the use of the lands in question has been illegally established. Pheasant Dreams should be advised to cease continued operation of the commercial recreation use immediately and inform them of the procedures necessary to legitimize the existing operation. If you have any questions regarding our comments, please do not hesitate to call me. PC. Mike Robertson Elaine Beatty 2 of 2 L)JAM' UJI LU I ITe '�ect ion T�-`--'6 51 - 2 9 7 - 4 9 6 1 oct:.—1 00 15:31 No.0 j Minnesota Departinent of Natural Resources 5()() 1.4151YI-tie Road St. Paul, NI: "I'le-Wta October 9, 2000 (via facsimile; ofiginal to follow via U, S. Mail) Mr. Mike Robertson, City Administrator City of Otsego 8899 Nashua Avenue Northeast Otsego, Minnesota 55330-7314 Dear Mr. Robertson: Your request to the Minnesota Department of Natural Resources' (DNR) Bureau of Licenses regarding the status of Mr, Greg LeFebvre's commercial shooting preserve license was referred to the Division of Wildlife, administrator of shooting preserve licensing for the state. of Minnesota. Mr. LeFebvre is currently licensed by the DNR to operate a commercial shooting preserve in Sections 27, 28, and 34, Otsego Township, Wright County, Minnesota, from March 1, 2000, through February 28, 2001. Mr; LeFebvre was first licensed by the DNR in March 1989, and has annually renewed his license to the present. I recently received several calls from adjacent landowners, Ms. Ann Bentz, and Mr. Gabriel Davis on September 25-26, 2000, and October 2, 2000, respectively, regarding the legality of operating a commercial shooting preserve adjacent to their residences. I told them that without their written permission, hunters may not take a wild animal with a firearm within 500 feet of a building occupied by humans or livestock. However, if hunters are 500 feet away, they can legally hunt on the adjacent property. Ms. Bentz asked a number of questions regarding the licensing of commercial shooting preserves and who controls this activity. I explained that the DNR is responsible for licensing this activity under Minnesota Statutes 97A,1 15, and that any zoning or land use restrictions are the responsibility of the local unit of government (city of Otsego). it was during this discussion that I explained the size requirements for a commercial shooting preserve (a minimum of 100 to a maximum of 1,00o contiguous acres). It was at this point that Ms. Bentz informed me that the land in question, adjacent to her residence, is not contiguous with other lands licensed in the LeFebvre shooting preserve. DNRInfurinatioti:651-296-6157 * 1�883-646-6307 - rrY:651-296-5484 * I -RM -657-3929 An aPkill OPPOIlUnity Rmpioyer Who valuvs 13ivcrslty Prinlod on r1coyded PaPer GOnlalning a Minimum of lo*/. Po3t-Conaj,Mor WaSin IJ11M W1 iUl ITe z:,ect ion TEI.:651-297-4961 October 9, 2000 Mr. Mike Robertson, City Administrator Page Two oct�.ng 00 15:31 No Upon learning of this, on Tuesday, October 3, 2000, 1 called Mr. LeFebvre to make arrangements to meet with him on site and review the eligible properties listed on his commercial shooting preserve license. This site inspection took place on Wednesday, October 4, 2000. From this visit, I determined that the land located in Section 33 (adjacent to the Benz property) did not meet the contiguous requirement. I informed Mr. LeFebvre that he would have to stop operating on that parcel immediately, which he agreed to do. In addition, we reviewed the rest of his license for accuracy so as to ensure he is operating legally on his remaining lands indicated on this shooting preserve license. This would not stop hunting on this property, but would not allow its use as part of Mr. Lefebvre's commercial shooting preserve license. I have enclosed a draft legal description and map which I have sent to Mr. LeFebvre for his review and verification for accuracy. Once I have received his documentation, 1 will proceed to incorporate them into his 2000-2001 commercial shooting preserve license. I hope I have answered any questions you may have regarding Mr. LeFebvre's commercial shooting preserve license. If you need additional information, do not hesitate to contact me, at your convenience. Yours truly, KEVIN J. LI Farmland Wildlife Program Leader Division of Wildlife DNR Building - 500 Lafayette Road Saint Paul, Minnesota 55155-4007 (651) 296-0704 KJL/jls Enclosures c Mr. Greg LeFebvre, 150,33 - 70th Street Northeast, Elk River, MN 55330 Ms. Ann Bentz, 6699 Packard Avenue Northeast, Elk River, MN 55330 Mr. Gabriel Davis, 6689 Packard Avenue Northeast, Elk River, MN 55330 Mr. Cory Palmer, Conservation Officer, 521 Powell Street North, Big Lake, MN. 55309 Mr. Ron Kullmann, Fish and Wildlife Consultant, Bureau of Licenses Drik' Wildlife Section T ., F -I Oct ng 00 15 : 33 No . 0:. - 0... � - _� Greg LeFebvre Commercia' I Shooting Presem, The West Half of the Southwest Quarter of the Northeast Quarter (W/2SWI/4N EI/4), the South Half of the Northwest Quarter (S/2NWI/4), the East Half of the Southwest Quarter (EY-jSWI/4), the East Half of the Southwest (�uarter of the Southwest Quarter (EY2 S W '/4SWI/,), the North Half of the Northwest Quarter of the Southwest Quarter (N 1/2NW"/4SWI/4), and the South Half of the Northwest Quarter of the Southwest Quarter (S'/2NW'ASW'/4) except the West 6 acres thereof, the North Half of the Southeast Quarter (NI/2S E 1/4) except the East 29 acres, and that part of the South Half of the Southeast Quarter (SI/2SEI/,) lying west of Parson Avenue, all in Section Twenty-seven (27), Township One Hundred and Twenty-one (121) North, Range Twenty-three (23) West. That part of the North Half of the Southeast Quarter (NI/2SE'/4) of Section Twenty-eight (28), Township One Hundred and Twenty-one (121) North, Range Twenty-three (23) West owned by Frank and Melonnie Morrisette. The Northwest Quarter, except a two acre parcel located in the southwest corner thereof; the West Half of the Northeast Quarter (WI/2NE'/4); and that part of the East Half of the Northeast Quarter (EI/2NEI/4) owned by John Darkenwalf being 53.91 acres; all in Section Thirty-four (34), Township One Hundred and Twenty-one (121) North, Range Twenty-three (23) West. 14 [a I.L i War F—A ROM ;�,f 4M�511 rug 46 --------- --- ml ON NAC,�1,14 612 59s ge37 P-02/oe HGOTHl- ITEM 6. 2. --'RS,t sati'k-t1lb CONSULTANTS" 114c" 5775 Wayzata Boulevard, SUite�555, St. Louis Park, MN 55416 Telephone: 952-595.9636 Facsirnile:952.5-95-9837 planners@nacPlanning.corn MEMORANDUM TO: Otsego Mayor and City Council FROM: Bob Krmis RE: Otsego - Waterfront PUD: Market West MEMO DATE: 2 July 2002 APPLICATION DATE: 29 May 2002 NAC FILE: 176.02 - 02.19 CITY FILE: 2002-22 Please be advised that the Planning Commission held a public hearing on 1 July 2002 to consider a PLID Development Plan amendment to develop three buildings with a gross area of 37,749 square feet on OutlOt C of the Waterfront Development. Mr. Steve Fisher of LandCor Construction Inc. was in at*tendance to represent the applicant. Mr. Fisher stated that they Were in general agreement with the staff recommendations including the site plan modifications suggested by our office, however, questioned the following: The need to eliminate all surplus Parking stalls. The impact that an additional 20 foot right-of-way dedication along Parrish Avenue would have upon the submitted site plan. The need to provide a second trash enclosure prior to the refinement of Building C development plans. Issues discussed by the Planning Commission related to t h*e handling of surplus parking stalls, the acceptability of the proposed building materials, and the need to provide a second trash enclosure - No comments were received from the Public. After cJos'ing the public hearing, the Planning Commission recommended in a 4-0 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. --- -- ---- U�- tio 114HI- 612 595 9e37 P. 03/oe A. Motion to approve a PUD Development Stage Plan for Outlot C Of Waterfront Addition, subject to the following conditions: A final plat is to be submitted for Outlot C, -subject to review by City Staff and approval Of the City Council. 2. The applicant submit a revised site plan with correct access points and landscaping islands at the perimeter of the site and adjacent to the buildings. 3. The building facades are revised to provide for more consistent (but not repetitive) architectural treatments YAth greater use of masonry material on the first floor, subject to review of the Planning Commission and approval of the City Council. 4. The landscape plan is revised to address the following: a. Incorporate low level plantings and iron railings along Quaday Avenue and 91' Street to better screen the parking lots. An additional overstory tree is to be added to the plan between the two entrance points (three total). b. Provide landscaped bump -outs and islands within the parking area as recommended by City Staff. C. The applicant will need to specify types, sizes, and quantities for this landscape design for the areas adjacent to the buildings a shown on the plans prepared by Reprise Design, Inc. Benches, trash reciprocals, and planters of the type specified by the PUD Design Guidelines must also be incorporated on the Pedestrian areas adjacent to the buildings. d. Materials for the sidewalk areas adjacent to the buildings must be specified and are to include paver bricks, colored and/or stamped concrete, or a combination thereof 5. Sidewalk connections must also be made to Quaday Avenue and Parrish Avenue across the parking lots for pedestrian access. 6. The site plan is reviewed to confirm that all parking stalls are at least 9 feet by 18 feet and that adequate space is'available for delivery truck turning movements. 2 --- -- ---- U_"Uo NHI_ 612 595 9e37 P.04/08 7. A temporary asphalt curb will be required at the edge of the pavement if the parking lot is constructed in phases. 3. Signs are subject to the following conditions. - a. Wall signs for individual tenants with dedicated exterior entrances shall be limited to not more than 32 square feet and shall be located above the related entrance. b. The two Proposed signs on the south facade of the north building are allowed only if they identify a second story retail or service business use. C. Only one free standing sign shall be allowed and if installed shall be of a monument style design not to exceed 100 square feet located at the site entrance from Quaday Avenue. A second trash enclosure is provided in proximity to Buildings B and C. All trash enclosures are to be constructed of materials consistent with the principal buildings and screened with additional landscaping, subject to City Staff review and approval, 10. A fighting Plan' showing fixture type a . nd location with Proposed illumination patterns is submitted, subject to review and approval of City.Staff. 11. All grading, drainage, utilities and easement issues are subject to review and approval of the City Engineer. 12. 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 3 U-"Uo NHL- 612 595 9637 P.05/08 CM OF 0 T S E G 0 07-02-02 FINDINGS & DECISION WRIGHT COUNTY, MD�NESOTA PUD DEVELOPMENT PLAN APPUCANT: Landcor Construction, Inc. APPLICATION: Request for a -PUID Development Plan to develop three buildings with a gross area of 37,749 square feet upon Outlot C of the Waterfront Development, CITY COUNCIL MEETING: 8 July 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 Outlot C 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 PUID 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 CiVs primaty commercml area to be developed with uses that serve local and regional markets. The site and building design and operation of the uses are 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 subjed site is bounded by TH 101 to the east and other commercial uses within the pmject to the north, South, and west The location. of the use within the project provides visibility to TH 101 and CSAH 39 and is also buftred 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 Cl.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 I of 4 JUL-02-2202 09:09 NAC 612 595 9837 P.06/08 ED. The proposed use's effect upon the area in which it is proposed- F1`nd1'n9-'ThG Proposed use will have a pos&e impact to the community in terms of expanding s0mce OPPOtfun&es, expanding the CiVs tax base, conftibufing positively to the City's idenfity with a high quality site and building design, and udlization of available municipal uglities. 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 pf posed use i n t anticip t to negatively impact area property values. o s 0 a ed 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 stree,ts. serving the area required as part of the Overa# 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 andc1pated to have a negative impact to the Ws service capacity. The project will contribute to the City's tax base to support its service capabilities and Wize available infrastructure improvements. 7. The planning report dated 26 June 2002 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 8. The memorandum dated 1 July 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 1 July 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 4-0 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 three buildings with a gross area of 37,749 square feet an Outlot C of Otsego Waterfront is hereby approved based on the most current plan and information received to date, subject to the following conditions: A final plat is to be submitted for Outlot C, subject to review by City Staff and approval of the City Council - 2. The applicant submit a revised site plan vAth correct access points and landscaping islands at the perimeter of the site and adjacent to the buildings. 3. The building facades are revised to provide for more consistent (but not repetitive) architectural treatments with greater use of masonry material on the first floor, subject to review of the Planning Commission and approval of the City Council. 4. The landscape plan is revised to address the folloWng: Page 2 of 4 J UL-U&�-eUUe UtJ; U'J NHL - b12 11>to� 1JdJY �'. UrIOU a. Incorporate low level plantings and iron railings along Quaday Avenue and 911* Street to better screen the parking lots. An additional overstory tree is to be added to the plan between the two entrance points (three total). b. Provide landscaped bump -outs and islands within the parking area as recommended by City staff. C. The applicant will need to specify types, sizes, and quantities for this landscape design for the areas adjacent to the buildings a shown on the plans prepared by Reprise Design, Inc. Benches, trash reciprocals, and planters of the type specified by the PUD Design Guidelines must also be incorporated on the pedestrian areas adjacent to the buildings. d. Materials for the sidewalk areas adjacent to the buildings must be specified and are to include paver bricks, colored and/or stamped concrete, or a combination thereof, 5. Sidewalk connections must also be made to Quaday Avenue and Parrish Avenue across the parking lots for pedestrian access. 6. The site plan is reviewed to confirm that all parking stalls are at least 9 feet by 18 feet and that adequate space is available for delivery truck turning movements. 7. A temporary asphalt curb will be required at the edge of the pavement if the parking lot is constructed in phases. 8. Signs are subject to the following conditions: a. Wall signs for individual tenants with dedicated exterior entrances shall be limited to not more than 32 square feet and shall be located above the related entrance. b. The two proposed signs an the south fa�cade of the north building are allowed only if they identify a second story retail or service business use. C. Only one free standing sign shall be allowed and if installed shall be of a monument style design not to exceed 100 square feet located at the site entrance from Quaday Avenue. 9. A second trash enclosure is provided in proximity to Buildings 13 and C. All trash enclosures are to be constructed of materials consistent with the principal buildings and screened with additional landscaping, subject to City Staff review and approval. 10. A lighting plan showing fixture type and location with proposed illumination patterns is submitted, subject to review and approval of City Staff. 11. All grading, drainage, utilities and easement issues are subject to review and approval of the City Engineer. 12. 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. Page 3 of 4 JUL-02-2002 09:09 NAC 612 595 9837 P.OB/08 PASSED by the Otsego City Council this 8th day of July, 2002. CITY OF OTSEGO By: Larry Fournier, Mayor Attest: Judy Hudson, Zoning Administrator/City Clerk Page 4 of 4 TOTAL P.Oe Hakanson Anderson 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Assoc., Inc. Phone: 763/427-5860 Fax: 763/427-0520 MEMORANDUM To: Honorable Mayor & City Council From: Ronald J. Wagner, P.E. City Engineer cc: Mike Robertson, Administrator Judy Hudson, Clerk Dan Licht, NAC Bob Fields/Steve Fischer, LandCor Date: July 1, 2002 Re: PUD Development Stage Plan Outlot C Otsego Waterfront We have reviewed the site plan and have the following comments: In order to facilitate a future 4 -lane road for Parrish Avenue (CSAH 42) from CSAH 3 39 to 96h Street (most probable location of a future signal), we recommend the City request the dedication of 20' of right-of-way north of the 20' property line jog along the east side of Parrish Avenue. This would eliminate 29 parking spaces but as the City Planners comments state, the plan has an excess of 60 stalls. 2. The entrance from Quaday Avenue is a concern with parking conflicts. A reconfiguration of parking and curbing will be necessary and will result in the loss of a few more parking stalls. Our office, as of July 1, 2002, has not received Grading and Utility Plans. All stormwater must be connected to the trunk stormwater pipe extensions from Quaday Avenue and/or from 9 I't Street. Civil 6- Municipal G:\Municipal\AOTSEGO2000\2500\2002\ot25OOhm fngineering 25 tdnc� Surve yingfor sag Ft "Oo loop;- CITY OF 0 T S E G 0 WRIGHT C0LATYN11N1_NES0T_A 07-08-02 FINDINGS & DECISION PLID District / Development Stage Plan APPLICANT: Bulow Incorporated and Manley Brothers Construction, Inc. APPLICATION: Request for a Zoning Map amendment from A-1, Agriculture Rural Service District to PUD, Planned Unit Development and a PUD Development Plan/Preliminary Plat for 245 acres to allow for development of a residential golf course project entitled "Otsego Meadows Golf Club". CITY COUNCIL MEETING: 24 June 2002 tabled to 8 July 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: A. The legal description of the property is attached as Exhibit A. B. The property lies within the Rural Residential Preserve and guided for rural residential land uses by the Otsego Comprehensive Plan, as amended. C. The property is A-1 District; The applicants' request rezoning to PUD District to allow for development of an 18 -hole golf course and 157 residential units as part of the Otsego Meadows Golf Club development stage plan. The development stage plan includes a mix of commercial and residential uses, mix of residential dwelling types, flexibility on lot area and setback requirements, and provision of sewer treatment and water facilities necessitating consideration a PUD District. D. 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: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: A concept plan was approved for the project on 14 January 2002 for the golf course facilities and 143 residential units. The concept plan was reviewed under the policies of an Agriculture Preserve Area established prior to the recent Comprehensive Plan update. These policies allowed higher densities such as proposed with City approval of sewer and water facilities. The Comprehensive Plan update now guides the property for rural residential use within the Rural Residential Preserve. The intent of the rural residential preserve is to allow for preservation of rural character and open space while allowing clustered residential development A base density of 4:40 density is allowed, although increases may be granted as a bonus to encourage superior site design or amenities. The gross density of the project is 0. 6 units per acre. If the area for the golf course is factored out, the net density is 3.7 units per acre, which is within the City's definition of low density residential land uses despite the additional 14 units from the concept plan stage. The proposed development is generally consistent with both the approved concept plan and the polices under which it was evaluated. The net density is higher than what would be allowed under the current Comprehensive Plan in this area. However, staff believes that the applicant may be granted some standing for the higher density based upon the recent approval of the concept plan without creating a precedent for future requests. The project itself presents an opportunity to expand the City's housing stock upwards in terms of value because if the intearated colf course as an amenity. The proposal to include detached, two -unit, and three unit buildings also expands housing choice in terms of type. Although the City has seen a significant amount of townhouse development in the east sanitary sewer service district, these townhouse units may be expected to be of higher value again because of the amenity involved with the project These are all policies of the Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The subject property is surrounded by rural residential uses or agriculture fields to the east, south, and west. Uses to the north include Vintage Goff and single family uses in the Grenins Mississippi Hills and Island View Estates. With the exception of the detached townhouses on the east lot line, all of the residential uses are clustered within the golf course creating separation from surrounding properties, thereby creating an appropriate transition. Additional screening and controls on operation of the practice range may be necessary to offset compatibility issues associated with that specific element of the project. 3. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.) Finding: The performance standards applicable to the project will be established by the PUD Development Plan. These issues are discussed in subsequent paragraphs. 4. The proposed use's effect upon the area in which it is proposed. Finding: The project is in an area with a level of development that already exceeds rural characteristics. The design of the project is such so as to off -set any impacts of the increased density and the applicant will be required to provide adequate infrastructure to accommodate the proposed use. 5. The proposed use's impact upon property values of the area in which it is proposed. Finding: The proposed use may not be anticipated to negatively impact area property values, although no formal study has been completed. 6. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The applicant will be required to construct (at their cost) improvements to CSAH 39 andlor Kadler Avenue to provide sufficient capacity for the development. 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. Finding: The applicant will be required to provide adequate infrastructure to support their project as part of the preliminary plat approval. E. The planning report dated 30 May 2002 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The engineering review dated 6 June 2002 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 June 2002 to consider the application, preceded by published and mailed notice. The public hearing was continued to 17 June 2002 allow a complete review of submitted plans by City Staff. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 6-0 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 rezoning to PUD District and PUD Development Plan/Preliminary Plat for Otsego Meadows Golf Club is hereby approved based on the most current plan and information received to date, subject to the following conditions: The submitted EAW is processed in accordance with Section 38 of the Zoning Ordinance, including adoption of findings on the need to prepare an EIS ten days from the end of the comment period. 2. The PUD District is subject to the uses and performance standards of the R-4 District except as modified on the approved development plans. 3. The applicant dedicate a total of 40 -feet of right-of-way for Kadler Avenue as a designated collector street. th The applicant will be required at their cost to up -gra Kadler Avenue from CSAH 39 to 85 Street to a rurai section MSA street standaLd, subject to approval of the City Engineer. 4. The Preliminary Plat is revised to establish all private drives as outlots separate from the public right-of-way. All street and access issues are subject to approval of the City Engineer and/or Wright County. 5. Landscape Plans are to be provided for the gateways at 90th Street, 92 nd Street, and 89th Circle, and the buffer to the east and south of the range tees. 6. Golf cart use is prohibited on public streets or trails. A trail plan for internal circulation of golf carts is provided which also addresses cart access to Lots 3-13 of Block 12. Crossing of public streets by golf carts is to occur only at designated locations to be shown on the trail plan. 7. The preliminary plat is revised to provide the location of the single, two unit and three unit townhouse dwellings in a unit and base lot configuration. All areas beyond the dwelling shall be held in common by a homeowners association and overlaid by drainage and utility easements. 8. The mean area of the single family lots shall be 12,000 square feet, except that no lot shall be smallerthan 11,500 square feet. 9. Side yard setbacks for single family lots within the PUD District shall be 10 -feet for the principal building and 5 -feet for an attached garage from an interior lot line. The side yard setback on a corner for single family lots within the PUD District shall be 20 -feet, except for Lot 5 of Block 12, which shall provide a 35 -foot setback to all street frontages. 10. Exterior elevations for the three -unit building, building material specifications, and floorplans for the proposed townhouse units are to be provided for approval. The detached townhomes shall provide a variety of exterior facades, with the same fagade located no closer than every third unit lot. The detached townhomes shall also be revised such that the garage of one unit abuts that of one adjacent unit. 11. The course design will require some alteration such that the tee boxes on holes 7, 9, and 11 are at least 20 feet from a lot line. 12. Outlot D is designated as two parcels based on its division by 89 th Circle. 13. The clubhouse and maintenance facilities are subject to site and building plan review subject to submission of complete plans. 14. Illumination of the range tees and their hours of operation is subject to review of the Planning Commission and approval of the City Council. 15. Any existing structure within the expanded right-of-way for Kadler Avenue shall be removed. 16. Sewage treatment shall be provided via a pr4vat an on-site system subject to an agreement with the City and MPQA requiations. Water treatment shall be provided via an on-site communal water system des4qned to municipal standards. All utflities shaH be installed at the applicant's cost. All utility plans are subject to review and approval of the City Engineer. 17. All grading, drainage, utilities, and easements are subject to review and approval of the City Engineer. PASSED by the Otsego City Council this 8th day of July, 2002. Attest'. CITY OF OTSEGO M Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk Item 7.1 Item 7.2: CITY OF OTSEGO CITY COUNCIL CITY ENGINEER'S AGENDA July 8, 2002 Consider Approval of Plans and Specifications and Ordering Ad for Bids for Street and Utility Improvements of 85" Street east of CSAH 42. Consider approval of Final Pay Estimate for 88" Street Road Improvement in the amount of $10,953.80. G:\M-inicipai\AOTSEGO\Agendas\councilagenda1 Tdoc Hakanson Anderson Assoc., Inc. RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to a resolution passed by the council on May 28, 2002, Hakanson Anderson Associates, Inc. has prepared plans and specifications for the Street and Utility Improvements of 85 th Street east of CSAH 42. And has presented such plans and specifications to the council for approval-, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO MINNESOTA: 1 . Such plans and specifications, dated July 08, 2002, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Engineer shall prepare and cause to be inserted in the official paper and in the Construction Bulletin, an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall specify the work to be done, shall state that bids will be opened at 2:00 p.m. on August 1, 2002, in the council chambers of the city hall, 8899 Nashua Avenue, Otsego, Minnesota, 55330. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the clerk for 5.0 per cent of the amount of such bid Larry Fournier, Mayor Judy Hudson, Clerk G:\MunicipalACTSEGO\343\ot343resAppPlansOrdAd.doc STREET, SANITARY SEWER, WATERMAIN, & STORM SEWER CONSTRUCTION IMPROVEMENT PROJECT 2002-07 85TH STREET N.E. (EAST OF C.S.A.H. No. 42) CITY OF OTSEGO, MINNESOTA Hok-son Anderson Assoc.jnc. -07 I hef,by leltily thQl this plan. circof� - o, report as plepIld by me � _d., my ­ct �Pervili­ �d Inot I y Lic.rl.d P-1-lianal E�qi­ ..a,, the law, In. s: ,. 01 2.52 7/a/02 __G� —. ca'. C'" (�ER I hereby Cellify th.t this Plan. q­;fcoj;a,. w "­ ­ Plapmed by me at rae, my SHEET INDEX a I "r I a ' 'Y L- COVER SHEET 21. STREET -0 STORM SEWER DETMS s—E 3 SANITARY SEWER & WATERMAIN DETAILS 4. TRAFFIC CONTROL 5 GRADING & EROSION CONTROL PLAN 5 CONSTRUC TION PLANS -STREET & STORM SEWER a 7. _9 CONSTRuCTION PLANS -SANITARY SEWER k WATER CROSS SECTIONS Hok-son Anderson Assoc.jnc. -07 I hef,by leltily thQl this plan. circof� - o, report as plepIld by me � _d., my ­ct �Pervili­ �d Inot I y Lic.rl.d P-1-lianal E�qi­ ..a,, the law, In. s: ,. 01 2.52 7/a/02 __G� —. ca'. C'" (�ER I hereby Cellify th.t this Plan. q­;fcoj;a,. w "­ ­ Plapmed by me at rae, my 04.cl wper­ and thol I a I "r I a ' 'Y L- W Enginte, Inds, the I— 'ng- ` 'r.' r '/./.Z E -NEER Da,l. SHEET I OF 9 SHEETS as 6 11C)S3N.M '0�3SIO -40 Alio S17130 83M3S V4801S V 13381S — i Z71 0 sy uosiapuv UOSU040H 83IN8vtj .1 Ivtj AVH/Myd.LS MSVTTM7TTV_RM1SNVRE wa 3]OHNVV4 4m 3�s C� NOLLon USNOD .1a A&MI ON �1 M W .0, ,3X " ` ` :: dl. 351Q �30­ A.33W W 03..0. 63� S�.�. 3.d wm�A.W.l .3.1m .15 Is" 36 .�3301 SS113 �103� 313-1 1s,3w S1_ hl.w� S-6, jo,m ow ­'Sl� CC—. -1.33 0-3. �' ad'I --4 Z.— =1 TZ L r GREATER THAN 2' SERVICES WATER SER�`ICF DETAI PACER B!��ANGF HYDRANT SECTIONAL MEW OF CHIMNEY SEAL WATER PROOF MANHOLE CASTING AND ANCHORAGE y 3 1— j LATERAL EXTENSION PLAN Tmi TYPICAL RUTTEREly VAIVE A, 5— lt I ATION .12EEE SMWY SERVICE CDNNFCTIQN MAIN INSULATION FOR WATER A, SERACES # A -F A—J r L 774, E MAMOLE SANDARD MANHOLE WITH VENTED STACK STEP DATE -E.SION SECTION A—A V.. -.'\—f i-p—\0t3l3\d�q\0T�3-D(T-30Kj H k SANITARY SEWER & WATERMAIN "S" 3 Andum, DETAILS -MECAST MFpIANIrAI jcxNT SIANDAFIDQ�% MANHOLE Assoc.,Inc. CITY OF OTSEGO. MINNESOTA 9 15 14� 2223 .S.A.H. NO. LI -22 0 n 2 3 2 2 N) z > > -All 0 EN > IZA 0 ID �R 4 A A- �!-;g PT X F U lbo . � � Lo^ Po — P 1� W o A Ko m (C S H. Nn AP) \C3 -- — — — — — — — — — — — — -- o 1. IE NEEIAH CISTWG A-033 1. LF 15* HOPE 0 , ". LOT 3 ST CO 5 IES .—MAO FL -860.92 (s)—.05' M (E... CASING ..' -C' -3 R .3067 GISJ_ 1'18.CkL' IES) 0 006% Sim ow TC -065 02 a—Mol Im IT 2., CP 11 LF 240 Rcp Ft -864 52 —.158 Ds IT 1Y LT 2 11HOA C Ir WEENA CASING 2a Lr 15' RCP 43 LF 16' RCP CL -3 FL-Sa' t IT .-I ST. --6 IT, 1-2. OT 2.72 f4o 10.10 . .1. RT R.:�5 ..Q.8 2-10-454.62 I.W—Sl 2 2"(E)N-56 1. ,.13—w.26 W( -)—am ., 'W"E.AH 2::j"ems, A. CASING 2 Z .. 51 1-1133 WTTM .5 v ICP CI -3 ol S' 'r Is* HOK M.."O a ST co -6 2"(S).V. a. 27*(.)—fi56O' I.— (NO T) KE AH CAST" Rcp aF EXISTWG EST --w I 1.). -811- C.S— C C RA, I 1.12 11.) 00,2, 3.78 (w RI.) a 2"(S). 11 21 S" CO -2 a . (E am GRT. NO 0.925 (73 "". - CAI .67 2 am, I C IC.—.2 .--3 LOT I Lc- IIN BM,74 10 MAN FL -064 52 M..... - 710 �"NAH CASING .-MS HEE"- CAS'll SIA .1 10 P-3067 '0 m HEEHAH CASING NO61 ' & 0 M 10 LF515 HOPE a a., x TO DETEMT,Oft ��.COMHCV ASM BI OTHERS LOT 2 o 1. IE NEEIAH CISTWG A-033 1. LF 15* HOPE 0 , ". LOT 3 ST CO 5 FL -860.92 (s)—.05' M (E... CASING V IS' MCP CL R .3067 GISJ_ Sim ow dr a—Mol Im IT 2., CP 11 LF 240 Rcp C Ir 2a Lr 15' RCP U-5 IT .-I ST. --6 IT, 1-2. OT 2.72 f4o 10.10 . .1. RT R.:�5 ..Q.8 2-10-454.62 I.W—Sl 2 2"(E)N-56 1. ,.13—w.26 W( -)—am ., 'W"E.AH 2::j"ems, A. CASING 2 Z .. 51 1-1133 C�TNG -1733 H(E.- CAST" 733 St LOT 4 .3.'? (Hc' ' RT.) 'r Is* HOK M.."O a ST co -6 2"(S).V. a. 27*(.)—fi56O' I.— (NO T) KE AH CAST" TC.86. 11.959.61 4-1711 1.). -811- C.S— " - --f C�CT 70 XK_ 70 mm— BASN BY OTHERS 6tAMR-2!w (Aw IT) O� 12 ME A 6. - .,D (AT 11) fi, -E 25 s�X 34 If 6- P SCO -26 IF 6 w , 6 A M. -'W.55 P1,G 40 IF 6- P -26 : M2- ME SAN- .70 (Q Lt.) ft. "'E' 3K W. .! A CA -W 6, �wc Q IF 5' PW WR -26 IF .*FPE� SDA -26 v ;AFER-5 ,! 2D -850'oo 3 so I ME 85o.w 1� C,F E-1- STA O.M (25' T.) 12' ME VALK 6.15 Ir wE TEE CATE V -LK 6� FE -E -A., 6* IF 6"w a /- 1*M 12' TEE :12 o 12- OUITERFLI -A �M VALYE I -K Fft IF .= I p GATE VALA 1-2 (25' LT.1-- I 'V - *';, ' I ' ) 1E ' ' AS F pK 2 -3 :,5 TEE .2 LK 6: ME V - K G AL rSAN. -2 CL - 52 ATR.= I EX. mw s3l 5- LL- A 6' C— FEE is" F. IF 6' EV 1E.'sim !ATE�-. 50 ME -0 (W AT I/ A.,; I \- . 't '! ?�. = — A M LF 1W �-2. WATER-- :60 U -10-w (w A I i 50 IF 6'�� -26 LAM.- I Frn - T—,-- -- -F T �"M-D.70 (5V RI) 6' KUG' V K.c 8'X 6 6' All -'L`KE Lr 6�E ........ LOT 1 -2. 6. `K� 6' KUG 6 k5ER 4i '*' M IF V PK �-29 -3.5-o -oo LOT 4 LOT 2 LOT 3 85TH STREET NE ........... ......... ......... ............. . ...... .............. ........ ......... ...... a -EX. ow WL I r �-ub. I n� ......... ................... E.W.4 100, ELE (S*V-830.14 ......... ................... ......... ......... ....... . ....... ......... sm. w.3: ... ... ..... ......... ............ :7.50 (01 It) PROPOSED PROFfij : w: carsTma SA0l 2 Bnm EXISTVC PROFILE q S- 4 ......... ... 1,44Al (0' M ......... ....... ........ ......... ...... - 865 12.3a .."" (.1 At) Ir m*m"m cmR rmu X. .. ........... ................... ... ......... ......... ......... ... ............. . 860 . ...... .... .. ......... ...... v 'A a 860 f A ...... .............. ......... ......... ..... ... 855 A' *LA-" at ......... . ......... .. 855 m ........ .. ...... ......... a ......... mv ow ...... . ....... ...... .. .......... .. ..... ..... ... ..... ... sm m v a-% 3w ir p1c we js :2uv r pw — — — — — — 850 w oLuc 324LF 8' P� x4m d - ----------- ....... .......... ......... ............................. ......... ......... ........ ........ ..... ... ....... . ....... .. ...... ... ..... ......... ......... ......... ....... .... T: 845 .... ..... ....... ......... ......... ....... ......... ......... ........ a 7 10 840 A . ....... . ....... ......... ......... ......... ........ ......... ...... .. LDD2\O1343\L0343-SAN.D.G Hakanson SANITARY SEWER AND WATERMAN Anderson A 85TH STREET NE .......... ......... ....... ......... ......... ............................... 7 /. A-1.1 m m 7 Assoc.,Inc. CITf OF OTSEGO. MIFI�ESDTA 9 0 2 3 4 5 6 0141 swcts 3+00 6+50 AN 972 -W -.0 -20 0 10— au L 2+50 40 go U4 064 no 6+00 — 6" I= �_Ift I I I .. — L _uw-- _ac .2o 8 n Q IS 2+00 -Go -Go o Go Go W4 no -Go -Q -M a NO 40 IN 1+50 U4, —1 �_ 1+00 0+50 US B64 860 so 20 so 0+00 -60 -40 -20 20 so 4 5+50 60 5+00 .4 to 4) 60- 4+50 --------- — loo. -40 _20 0 w 4+00 864 "D L -2. o 40 so w 3+50 4*4 MoG, 6-64 oo Go " ot 00 Ln Ln 16 Un J til Ln Go FLJ 19 FINAL PAY ESTIMATE MSAP 217-107-03 88TH STREET NE Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: MSAP 217-107-03, 88th Street NE Contractor: Buffalo Bituminous, Ins. Contract Amount: $113,000 Award Date: May 29, 2001 Completion Date: July 31, 2001 Dear Honorable Mayor and Council Members: The following work has been completed on the above referenced project: BID SCHEDULE "A" - 7/1/2002 Item Description Estimated Quantity Unit Unit Price Used to Date Extension - 1 Mobilization 1 LS $ 4,833.90 1 $ 4,833.90 2 Remove Bituminous Pavement 100 SY $ 3.50 100 $ 350.00 3 Sawing Bit Pavement (Full Depth) 150 LF $ 3.00 143 $ 429.00 - 4 Salvage & Reinstall Sign 2 EACH $ 1 25.00 2 $ 250.00 5 Common Excavation (P) 2270 CY $ 5.00 720 S 3,600.00 - 6 Salvage & Reinstall Class 5 Aggregate 135 CY $ 10.00 135 $ 1,350.00 7 Common Borrow - LV 2000 CY $ 4.75 1608 $ 7,638.00 8 Class 5 Aggregate (7") 1550 TON $ 9.25 1220 $ 11,285.00 - 9 Mill Bituminous Surface 90 SY $ 4.00 49 $ 196.00 - 10 Type LV 4 Wearing Course Mixture (58-28) 365 TON $ 35.00 365 $ 12,775.00 11 Type LV 2 Non -Wearing Course Mixture (58-28) 488 TON $ 35.00 466 $ 16,310.00 12 Bituminous Material For Tack Coat 230 GAL $ 1.00 375 $ 375.00 13 Ad -just Gate Valve 4 EACH $ 150.00 1 $ 150.00 14 Adjust Frame & Ring Casting 4 EACH $ 250.00 2 $ 500.00 15 Concrete Curb & Gutter Design 6618 1760 LF $ 7.80 1462 $ 11,403.60 16 Traffic Control 1 LS $ 2,000.00 0.5 $ 1,000.00 17 Salvaqe & Reinstall Type III Barricades 2 EACH $ 150.00 2 $ 300.00 18 F & I Sign Panels, Type C 51 SF $ 22.00 38 $ 836.00 19 Pavement Message (Right Arrow) - Epoxy 2 EACH $ 131.25 2 $ 262.50 20 4" Double Solid Line Yellow - Epoxy 960 LF $ 1.50 905 -'$ 1,357.50 21 4" Solid Line White - Epoxy 1920 LF $ 0.75 1567 $ 1,175.25 - 22 24" Stop Line White - Epoxy 22 LF $ 8.40 29 $ 243.60- 23 Bale Check 16 EACH $ 15.00 0 $ - - 24 Seeding - Type Lawn Restoration 1.67 ACRE $ 420.00 1.55 $ 651.00- 25 Sodding - Type Lawn Restoration 500 SY $ 3.00 250 $ 750.00 26 Seeding Mixture - 606 119 LBS $ 5.00 119 $ 595.00 27 Disk Anchoring 1.67 ACRE $ 100.00 1.55 $ 155.00 - 28 Commercial Fertilizer, 20-10-10 745 LBS $ 1.50 1 745 $ 1,117.50 - 29 IMulch Material Type 1 3.35 TON $ 150.00 1 3.1 $ 465.00 Total Bid Schedule "A" - /[HaOl/Shared Docs/Municipal/aotsego/339/Pay Estimatel $ 80,353-85 FINAL PAY ESTIMATE MSAP 217-107-03 88TH STREET NE BID SCHEDULE "B" - 7/1/2002 Item Description Estimated Quantity Unit Unit Price Used to Date Extension 30 15" RC Pipe Sewer Design 3006 CL V (all depths) 38 LF $ 27.30 32 $ 873.60 31 27" RC Pipe Sewer Design 3006 CL Ili (all depths) 57 LF $ 42.00 49 $ 2,058.00 32 30" RC Pipe Sewer Design 3006 CL III (all depths) 54 LF $ 47.25 52- $ 2,457.00 33 Connect to Existing Storm Sewer 3 EACH $ 661-50 3 $ 1,984.50 — 34 Const uct Draingage Structure Design 48" 4020 2 EACH $ 1,500.00 2 $ 3,000.00 — 35 Construct Draingage Structure Design 54" 4020 1 EACH $ 2,000.00 1 $ 2,000.00 — 36 27" Pipe Pluq 1 EACH $ 115.50 1 $ 115.50 37 30" Pipe Plug 1 EACH $ 150.00 1 $ 150.00 Total Bid Schedule "B" - $ 12.638.60 Summary Of Work Completed To Date: Bid Schedule "A" - STREETS S 80,353.85 Bid Schedule "B" - STORM SEWER S 12,638.60 WORK COMPLETED TO DATE: $ 92,992.45 LESS PAY ESTIMATE #1 $ 82,038.65 WE RECOMMEND FINAL PAYMENT OF: $ 10,953.80 APPROVALS: CONTPAr—TOFL atmia ai Incus, lnr, Certli'llcatim r. ctar. I atall MR land R#vurft are cmact for 1W work complatmd to date. Signed: Title; loate" /�r/ol-zl/0 -D ENGINEER: Certification by Engineer: We recommend payment for work and quantities as shown. HAKANSON ANDERSON ASS /YCIXT�S, INC. Signed: Title: &A -:I< Date: OWNER: CITY OF OTSEGO Signed: Title: Date: I/HaOl/Shared Docs/Municipal/aotsego/339/Pay Estimatel Y 67 0 7EI56 COOPERATIVE AGREEMENT NO. 02-02 BETWEEN THE COUNTY OF WRIGHT AND THE CITY OF OTSEGO FOR HIGHWAY IMPROVEMENTS ASSOCIATED WITH THE WATERFRONT AREA DEVELOPMENT CSAH 39 AND CSAH 42 IN THE CITY OF OTSEGO FAdata\HWY\AGREEMNl�0tsego waterfront funding agreement 39 and 42no4.wpd July 8, 2002 C:\DOCUME—I\Ronw\LOCALS—I\Tcmp\Otsego waterfront funding agreement 39 and 42nG4 Word.doc COOPERATIVE AGREEMENT 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 within the limits of the City of Otsego and described as follows: CSAH 39 - From West of the intersection with CSAH 42 to Trunk Highway 10 1 CSAH 42 - From 94 1h Street to 88 th Street have been identified by the City of Otsego Engineer as needing improvements associated with the proposed development of the Waterfront Development within the City of Otsego, and WHEREAS, the County and City have met and discussed the proposed improvements to CSAH 39 and CSAH 42 to accommodate the proposed Waterfront development in the City, and WHEREAS, this cooperative agreement between the County and the City outlines the conditions, responsibilities and financial obligations in making the necessary improvements to CSAH 39 and CSAH 42 for the projected 20 10 impacts for the Waterfront Development and for the general growth of area traffic. 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 described below in items 3-7) 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 3 9 and CSAH 42 for utility work will not be permitted. 3. Geometric improvements to CSAH 3 9 and CSAH 42 will be required for the anticipated 20 10 conditions, including traffic control signals. Right -turn lanes, double left -tum lanes, and additional through lanes (two lanes in each direction approaching the intersection of CSAH 39 & 42, except only one through lane on northbound CSAH 42 south of the intersection with CSAH 39) 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 further north along CSAH 42 which meets County spacing guidelines. This work (except the future traffic control signal further north along CSAH 42) shall be completed prior to the opening of any portion of the Waterfront development (with the possible exception of material delays with the traffic control signal at CSAH 39 & 42). 4. Right-of-way acquisition that is necessary, for the geometric improvements to CSAH 39 and CSAH 42 (as described above) shall be the responsibility of the City. Additional right-of-way needed has been identified as the following: a) 10 feet additional on the north side of CSAH 39 (from CSAH 42 to the point that the MnDOT 101 right-of-way plat begins) and b) A sight comer triangle at the NW quadrant of Quaday and CSAH 39. The July 8, 2002 C:\DOCUME—I\Ronw\LOCAL-S—I\Tcmp\Otscgo waterfront funding agreement 39 and 42no4 Word.doc City will acquire this right-of-way at the time that the outlot at the NE quadrant of CSAH 39 and CSAH 42 is platted. 5. The proposed access at Park Street onto CSAH 42 will be allowed to be a full access initially. The possibility 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 (e.g. right -in, right -out only), 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 for the County to consider which adequately address the specific safety issue raised. The County reserves the right to close the "Right -out only" movement from the development onto CSAH 39 in the future, if necessary for safety purposes. 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. The City shall construct or cause to be constructed, a project meeting state aid standards for street improvements including, highway, utility, drainage, and other miscellaneous improvements along CSAH 39 and CSAH 42 within the City limits in accordance with the approved plans and specifications as prepared by the City's consultant engineer, and as approved by the County Engineer. 7. The City shall be responsible for providing the necessary electrical energy for the operation of the traffic control signals, and any electrical energy for street lights. In addition, the City shall be responsible for at its cost and expense to (1) relamp the traffic control signals; and (2) clean and paint the traffic control signals and cabinets; (3) provide, at its costs and expense, the maintenance on luminaries; and (4) reimbursing the County for maintainina the EVP System. (Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03.) In the event said EVP System or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the County, the County shall remove the EVP System, at the City's expense. Upon completion of the project; it shall be County's responsibility at its cost and expense to (1) maintain the signal controller, (2) determine the appropriate signal timing sequence (after consultation with the City), (3) provide phone service to the controller for remote servicing, (4) provide for replacement of poles, cabinet etc. if they should be damaged through vehicle collision etc. (major maintenance). (5) Provide maintenance for the EVP system, which costs would be reimbursed by the City of Otsego. 8. 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. July 8, 2002 C:\DOCUME—I\Ronw\LOCALS—I\Temp\Otsego waterfront funding agreement 39 and 42no4 Word.doc 4 9. 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 parties 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 the 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: Wright County Engineer Chairperson, Wright County Board Wright County Coordinator Wright County Attorney Date CITY OF OTSEGO Recommended for Approval: City Engineer, City of Otsego Mayor, City of Otsego Clerk, City of Otsego City Attorney, City of Otsego Date July 8, 2002 C:\DOCUME—I\Ronw\LOCALS—I\Temp\Otsego waterfront funding agreement 39 and 42no4 Word.doc CURRENT PROJECT OR DEVELOPMENT WORK IN OTSEGO 7/8/02 OT2238 — Hidden Creek Trails Work done this year as of 7/2/02 consisted of. Subgrade correction was completed across the wetland impact areas; road was brought up to grade with clear sand; storm sewer was installed including a box culvert; class 5 was placed and toleranced. All tests have passed. Remaining items to be done: Finish grade shoulders and ditches; seed and mulch all disturbed areas. This year's storm sewer requires nprap. OT2240 — Otsego Farms Over the past two weeks, rough grading of streets completed. Stalled due to rain and this is a clay area so drying to workable conditions takes time. Over the next two weeks, storm sewer will be completed and sand sub -base for road will be hauled. OT344 — Page Avenue Storm sewer system on Page Avenue and 85% of storm sewer system on 85 th ; silt fence; tree clearing; curb and blacktop removals; traffic control; no grading has taken place as of yet; washout has been fixed at both ponds along Page Avenue; grading to be on Monday 8/7/02. Only one problem with a resident at the SE quadrant of Page Avenue and 85'h Street. 1 as Homeowner is concerned about trucks driving on her property. Marked the existing e ement with flagging. �D Some sewer pipe was unloaded on an unfinished rear yard, but was removed as soon as it was noticed (Lot 2, Block 2 Crimson Ponds 4 1h). OT2235 — Stonegate Estates 2 nd Over the past two weeks, the utilities (storm sewer, water and sanitary sewer) were installed. Over the next two weeks, Class 5 and curb and gutter will be installed. \\Ha01\Shared Docs\Municipal\AOTSEGO\901\2002\ot9OlCPDW7-8-02.doc OT347 — Quaday Avenue and 91" ST Over the past two weeks, water main has been laid along CSAH 42 (Parrish Avenue) sanitary sewer has been laid along CSAH 39 and along Quaday. Over the next two weeks, the sanitary sewer will be finished and they should start laying water main along CSAH 39 and along Quaday Avenue NE. OT2240 — The Pointe 2 d Addition Road base lift of a portion of The Pointe 2 d Addition (72 nd Avenue) \\HaOI\Shared Doc s\M unicipal�AOTS F GO\901 \2002\ot9O I CPDW7 -8-02.doc Michael C Couri- Andrew J. MacArthur Robert T. Ruppe­ David R. Wendorf *A Lso licemed in Rinois --Also 1weLod us Ca*rmw July 2, 2002 CO URI & MA CAR THUR Attorneys at Law 705 Central A venue East PO Box 369 St. Michael, MN 553 76-0369 (763) 497-1930 (763) 497-2599 (TAX) courian&nacarthurQpoboY_ com City Council City of Otsego 8899 Nashua Ave. NIE Otsego, Minnesota 55330-7314 Re: Resolution Authorizing Participation in the Hazard Mitigation Grant Program Dear Council Members: Enclosed for your consideration please find a resolution authorizing the City to participate in the Hazard Mitigation Grant Program and designating an authorized official to execute and sign such sub -grant agreements that may be necessary to implement the project on behalf of the City. This resolution is required as part of the grant application process. If you have any questions or comments please contact our office. Sincerely, David R. Wendorf Couri & MacArthur CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2002 - RESOLUTION AUTHORIZING EXECUTION OF SUB -GRANT AGREEMENT FOR HAZARD MITIGATION GRANT PROGRAM WHEREAS, The City of Otsego proposes to submit an application for a grant to the Hazard Mitigation Grant Program, a Federal Emergency Management Agency Program, administered in the State of Minnesota by the Minnesota Division of Emergency Management; and WHEREAS, as part of the application process the City is required to pass a resolution authorizing participation in the program and to designate an authorized official to execute and sign such sub -grant agreements that may be necessary to implement the project on behalf of the City. NOW THEREFORE BE IT RESOLVED, that the Otsego City Council hereby authorizes the City to submit application to and enter into a sub -grant agreement with the Division of Emergency Management of the Minnesota Department of Public Safety for the program entitled Hazard Mitigation Grant Program; BE IT FURTHER RESOLVED, that Mayor Larry Fournier is hereby authorized to execute and sign such sub -grant agreements and any amendments thereto, approved by the City Council, as are necessary to implement the project on behalf of the City of Otsego. Motion to adopt this resolution made by and seconded by this _____jday of July 2002. IN FAVOR: OPPOSED: CM OF OTSEGO Larry Fournier Mayor ATTEST Judy Hudson City Clerk ITEM 8.2. TO: CITY OF OTSEGO ATT: MIKE ROBERTSON I WOULD LIKE TO REQUEST THAT THE SMALL SECTION OF 87TH BE ABANDONED.THE ROAD BUTS UP AGAINST ANOTHER PIECE OF PROERTY OFFERING NO ACCESS. THE CITY DOES NOT MAINTAIN THE ROAD.IN FACT GUY ROWE USES HALF OF IT FOR HIS DRIVEWAY AND THE OTHER HALF IS MOWED BY THE CEDERBERGS.THE CEDERBERGS HAVE GIVEN ACCESS TO THE MEADOWLANDS DEVELOPMENT BY ALLOWING 88TH TO CROSS THE PROPERTY LOCATED AT 8731 OBRLAN BOTH THE CEDERBERGS AND THE ROWES WOULD LIKE TO HAVE THIS ROAD ABANDONED. BOB CEDERBERG 87000 AVE 0 GUY ROWE 14031 NE 87th STREET -fog n�<j e7 770 O—e 'oo) NIP o ITEM 9. 1. A MEMO Date: july 2, 2002 To: Mayor & Council From: City Administrator Mike Robertson Re: 2003 Budget - Set a Budget Workshop it!sthat time of year once again to commence budget planning for next year. I have a series of suggested dates for budget workshops listed below. i would suggest we pick one or two dates now. We can choose additional dates if they are needed. possible Budget Hearing Dates Monday, july 29th at 4:30 p.m. or 6:30 p.m. Monday, August 5th at 4:30 p.m. or 6:30 p.m. (Planning Commission meeting at 8:00 P.M.) Monday, August 19th at 4:30 P.M. or 6:30 P.m. Wednesday, August 28 th at 4:30 P.m. or 6:30 p.m. Thursday, August 2 9th at 4:30 p.m. or 6:30 p.m. Tuesday, September 3 rd at 4:30 p.m. or 6:30 p.m. (Planning Commission meeting at 8:00 P.M.) The preliminary 2003 Tax Levy must be approved at the Council meeting of September 9, 2002. The final 2003 budget and tax levy must be approved by December 20, 2002.