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04-08-02 CCLoyalty Day WZ-11-11te-161J, A� Z". ltelelzi, VFW VETERANS OF FOREIGN WARS The citizens of this cin- are extremely proud of this nation's more than 200-vear heritage of freedom and are loyal to the ideals, traditions and institutions which have made our nation so great, and Their obvious education to our way of life is indicative of a strong, continued desire to preserve the priceless Asnerican heritag ge, and Theywill be proud to stand and publicly declare their deter- mination toward actively and positively safeguarding our free- doms against any foreign or domestic enemies, now 0 I Larry Fournier _ Mavor/Ch2i=;6u of the citv/tqvd:� Of Otsego do hereby call upon all my fellow cidzens to take full advantage of the spe- cial occasion known as Loyalq Day, celebrated annually for over 40 vears throuchout the nation on the first day of May, as an incentive for even, true American to reaffirm his and her love of flag and country, and I urge that all individuals, schools, churches, organizations, business establishments and homes within my official jurisdiction to display proudly the flag of the United States and participate in public patriot- ic LovaltY Dav activities which are to be co-sponsored by the NTIXI and the Ladies Auxffian,- on Loyalty DR,, May 1, 2002. April 8, 2002 (Date) CLAMS LIST CITY COUNCIL MEETING APRIL 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 4-03-2002 $117,816.88 GRAND TOTAL $117,816.88 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 04/03/02 3:09 AM *Check Summary Register@ Page 1 APRIL 2002 FILTER: None Name Check Date Check Amt 10100 IBANKOFELKRIVER UnPaid AFFORDABLE SANITATION $132.92 UnPaid AIRGAS, INC. $81.95 UnPaid AUTOMATIC GARAGE DOOR $891.68 UnPaid BANYON DATA SYSTEMS, INC. $1,104.18 UnPaid BOISE CASCADE OFFICE PRODUCTS $126.43 UnPaid BOYERTRUCKS $322.50 UnPaid CONSTRUCTION BULLETIN $275.07 UnPaid CUMMINS NORTH CENTRAL, INC. $8.35 UnPaid DAVID CHASE $30.00 UnPaid DJ'S HEATING & AIR COND $94.00 UnPaid ECM PUBLISHERS INC $719.91 UnPaid ELK RIVER FLORAL $37.95 UnPaid ELK RIVER PRINTING & PARTY PLU $67.10 UnPaid FINKEN'S WATER CARE $80.80 UnPaid FORTIS BENEFITS INSURANCE CO $94.19 UnPaid GLENS TRUCK CENTER INC $3,634.16 UnPaid GRANITE CITY LEASING INC $34.02 UnPaid GROEN GARY CPA $1,440.00 UnPaid HOGLUND BUS CO INC $96.52 UnPaid HYDRANT SPECIALIST INC $181.00 UnPaid ICMA RETIREMENT TRUST $422.31 UnPaid 11MC $120.00 InPaid JERRY OLSON $26,544.27 jnPaid KENNEDY & GRAVEN, CHARTEREO $1,201.05 UnPaid KNUTSON RICK $30.00 UnPaid LONG & SONS $498.13 UnPald MAMA $32.00 UnPaid MARKHURD $31,700.00 UnPaid MENARDS $31.28 UnPaid MINNESOTA COPY SYSTEMS $807.43 UnPaId MINNESOTA STATE TREASURER $5,900.00 UnPaid NAGELL APPRAISAL & CONSULTING $500.00 UnPaid NAPA OF ELK RIVER INC $553.77 UnPaid NORTHERN TOOL & EQUIPMENT CO $109.67 UnPaid PROVEN FORCE $303.90 UnPaid PUBLIC EMPLOYEES RETIREMENT FD $1,263.66 UnPaid RANDY'S SANITATION $95-58 UnPaid STANDARD TRUCK & AUTO $43.65 UnPaid TARGETSTORES $33.99 UnPaid USINTERNET $60.00 UnPaid WILSON DEVELOPMENT SERVICES $613.25 UnPaid WRIGHT COUNTY AUDITOR -TREASURE $20,318.33 UnPaid WRIGHT COUNTY HIGHWAY DEPT $16,681.38 Total Checks T1 17,81-6.8 8 FILTER: None CITY OF OTSEGO 04/03/02 3:10 AM Theck Detail Register@ Page 1 APRIL 2002 Check Amt Invoice Comment 10100 BANKOFELKIRIVER E 201-45000-410 Rentals (GENERAL) $132.92 204016 HC UNIT APRIL Total AFFORDABLE SANITATIOh —$132.92 UFI�ill 4r1 -.--------- E 101-43100-210 Operating Supplies (GENERAL) $63.56 105411397 HAZMAT EIOI-43100-210 Operating Supplies (GENERAL) $18.39 105417374 HAZMAT Total AIRGAS, INC. —$81.95 U�Vald-----------AUTOM-A-tlC'GARAGE'bOOR---------, E 10 1-43100-400 Repairs & Maint Ccnt (equip) $891-68 58133 GARAGE DOOR rVIAINT BLDG Total AUTOMATIC GARAGE DOOR —$891.68 Ur �P-g E 101-41600-390 Contracted Services $1,104.18 8990 SUPPORT Total BANYON DATA SYSTEMS, INC. ---�lj 04-18 E 101-41400-201 Office Supplies $126.43 949588 OFFICE SUPPLIES Total BOISE CASCADE OFFICE PRODUCTE —$12643 —EbYEACTRILIC�KS' E 10 1 -43100-220 Repair/Maint Supply (GENERAL) $130.43 12996R 92 FORD TRK E101-43100-220 Repair/Maint Supply (GENERAL) $32.77 13121 R 94 FORD TRK E101-43100-220 Re'pair/Maint Supply (GENERAL) $559.65 13194R 92 FORD TRK E101-43100-220 Repair/Maint Supply (GENERAL) $79.75 370461 94 FORD TRK E101-43100-220 Repair/Maint Supply (GENERAL) $19-90 375198 02 PICK UP/PLOW Total BOYERTRUCKS —$822.50 E 435-43100-350 Print/Binding (GENERAL) $91.69 2001557 W WATERMAIN 3-1 E 435-43100-350 Print/Binding (GENERAL) $91.69 2005197 W WATERMAIN 3-8 E 435-43100-350 Print/Binding (GENERAL) $91.69 2010897 W WATERMAIN 3-15 Total CONSTRUCTION BULLETIN —$275.07 C' INC. E101-43100-220 Repair/Maint Supply (GENERAL) $8.85 100-46009 92 FORD TRK Total CUMMINS NORTH CENTRAL, INC.—$8.85 —DAVID -C E 10143100-320 Telephone $30.00 APRIL CELL PHONE Total DAVID CHASE—$30.00 E 101-41940402 Repairs/NlaintSuildingss $94.00 038783 FURNACE SERVICE Total DJ'S HEATING& AIR CONE —$94.00 E 101-41400-350 Print/Binding (GENERAL) $202.22 00126502 AD FOR BIDS E 101-41400-347 Newsletter $235.25 0126541 OTSEGO VIEW E 101-41400-350 Print/Binding (GENERAL) $88.00 125875 INSERTS E 101-41400-350 Print/Binding (GENERAL) $194.44 126163 ADV FOR BIDS Total ECM PUBLISHERS INC —$719.91 E 101-41400-310 Miscellaneous $37.95 MR2910 KAREE GET WELL BOQ Total ELK RIVER FLORAL—$37.95 CITY OF OTSEGO 04/03/02 3: 10 AM *Check Detail Register@ Page 2 APRIL 2002 Check Amt Invoice Comment Unpaid ELK RIVER PRINTING & PARTY PLU E101-414CO-203 Supplies -General $67.10 014947 BUILDING CO'S Total ELK RIVER PRINTING & PARTY PLU _$67.10 'OF E 101-41940-390 Contracted Services $21.11 CITY HALL E 101-41950-310 Miscellaneous $29.82 RENTAL HOUSE E 101-43100-310 Miscellaneous $29.87 MAIT. GARAGE E101-43100-220 Total FINKEN'S WATER CARE $80.80 94 TRK Total GLENS TRUCK CENTER INC ___�3_.6,3416 , RANCE-CO--- E101-431CO-130 Employer Paid ins (GENERAL) $40.19 PE - APRIL E101-414CO-130 Employer Paid Ins (GENERAL) $54.00 ADMIN -APRIL Total FORTIS BENEFITS INSURANCE CC $94.19 E101-43100-220 Repair/Maint Supply (GENERAL) $3,408.07 220720059 81 TRK E101-43100-220 Repair/Maint Supply (GENERAL) $20.85 220730030 81 TRK E101-43100-220 Repair/Maint Supply (GENERAL) $77.16 220730051 MISC E101-43100-220 Repair/Maint Supply (GENERAL) $128-08 220810051 94 TRK Total GLENS TRUCK CENTER INC ___�3_.6,3416 E 101-41400-413 Office Equipment Rental $34.02 13 TOSHIBA FAX Total GRANITE CITY LEASING INC _$34.02 0��Sad— '_1fkdtW0;ARY_CFW_-- - E 101-41600-390 Contracted Services $1,440.00 MARCH 02 32 HRS Total GROEN GARY CPA __�_1,44000 E101-43100-220 Repair/Maint Supply (GENERAL) $96.52 INTERNATIONAL Total HOGLUND BUS CO INC _$96.52 'UiW6'–d-------.—HYDRANT'SPECiALIST E 601-49400-220 Repair/Maint Supply (GENERAL) $181.00 2428 HYDRANT REPAIR Total HYDRANT SPECIALIST INC _$181.00 U`n`W1 d__ __-ItMA AETIKEME fit T KU st Un7ald G 101-21705 Other Retirement $230.00 PPE 3/30 CK DTD 4/3 E 101-414CO-121 PERA $192.31 PPE 3/30 CK DTD 4/3 Total ICMA RETIREMENT TRUST $422.31 E 101-41400-355 Dues & Memberships $120.00 JUDY ANNUAL MEMBERSHIP Total IIMC _$120.00 E 250-42410-390 Contracted Services $26,544.27 MARCH 02 PERMITS Total JERRY OLSON __�2_6,544.27 E 101-41700-301 Legal Services $559-80 51104 CHARTER G701-21990 WHLINK $641.25 51104 WH LINK Total KENNEDY& GRAVEN, CHARTEREC__�_j_,2oj .05 E 101-43100-320 Telephone $30.00 APRIL CELL PHONE Total KNUTSON RICK_$30 00 CITY OF OTSEGO 04103/02 3:10 AM *Check Detail Register@ Page 3 APRIL 2002 Check Amt Invoice Comment Unpaid LONG & SONS E 101-41940-203 Supplies - General $29.93 T PAPER E 101-41940-203 Supplies -General $37.80 C -FOLDS E 101-41940-389 Cleaning Services $430.40 MARCH CLEANING Total LONG &SONS _$498.13 E 101-41400-360 Educadon/Training/Conferences $16-00 328 MEETING MARCH E 101-41400-360 Educabon/Training/Conferences $16.00 369 MEETING JANUARY Total MAMA _$32.00 E 430-43100-390 Contracted Services $31,700.00 0020692 MAPPING Total MARKHURD__�_3-1 ,7oo.00 E 101-43100-203 Supplies -General $31.28 63747 CLEARWCOD 5 WAY Total MENARDS_$31.28 ---'MINN ES`bTA_tb0Y SYSTEMS' ------- E 101 -41400-400 Repairs & Maint Cant (equip) $85.00 104803 SERVICE ON FAX E 101-414CO-413 Office Equipment Rental $722.43 105290 TOSHIBA COPIER Total MINNESOTA COPY SYSTEMS _$807.43 G101-21801 BUILDING PERMIT SURCHARGE $5,900-00' 3/2002 PERMIT SURCHARGE Total MINNESOTA STATE TREASURER --$5-,90000 - ____'___N_A6ffCC_AFPRAIS_AC& CONSULTING----- 'UnVard E 415-43251-390 Contracted Services $500.00 9984 D&Y 101/CO RD 37 Total NAG ELL APPRAISAL& CONS ULTINC _$500.00 E 101-43100-220 Repair/Maint Supply (GENERAL) $376.47 STEAMER E 101-43100-203 Supplies - General $6.10 MISC SUPPLIES E 101-43100-203 Supplies - General $89.51 906819 MISC SUPPLIES E 101-43100-203 Supplies - General $19.66 907195 MISC SUPPLIES E 101-43100-203 Supplies - General $9.78 907432 MISC SUPPLIES E 10143100-203 Supplies - General $8.24 907493 MISC SUPPLIES E 101-43100-203 Supplies - General $1.36 907629 MISC SUPPLIES E 101-43100-203 Supplies - General $7.52 910246 MISC SUPPLIES E 101-43100-203 Supplies - General $35.13 911937 MISC SUPPLIES Total NAPA OF ELK RIVER INC _$553.77 _____NdRTH EkWTOb`C_&'E0LJfPM ENT 'CO E 101-43100-220 Repair/Maint Supply (GENERAL) $109.67 06017563 02 PICKUP/PLOW Total NORTHERN TOOL & EQUIPMENT CC _$109.67 'U6*018 PROVEWF'ORd-E E 101 -43100-220 Repair/Maint Supply (GENERAL) $303.90 545385 81 TRK WELD YOKE/U-JOINT Total PROVEN FORCE _$303.90 PUB UCIM PCOYIEES'RETIR15MENT'Fb E 101-43100-121 PERA $281.86 PPE 3/30 CK DTD 4/3 G 101-21704 PERA $606.28 PPE 3/30 CK DTD 413 E 101-41400-121 PERA $264.92 PPE 3/30 CK DTD 4/3 E 101-41550-121 PERA $110.60 PPE 3/30 CK DTD 4/3 Total PUBLIC EMPLOYEES RETIREMENT FD___�_j_ ,263.66 CITY OF OTSEGO 04/03/02 3:10 AM *Check Detail Register@ Page 4 APRIL 2002 FILTER: None Check Amt Invoice Comment Unpaid RANDY'S SANITATION E 101-41940-325 Garbage Service $95.58 GARBAGE Total RANDY'S SANITATION $95.58 TRUCK'& -AUTO E101-43100-220 Repair/Maint Supply (GENERAL) $43.65 289960 U BOLT 81 TRK Total STANDARD TRUCK &AUTC $43.65 E 101-43100-203 Supplies - General $33.99 1102985488 DAWN Total TARGET STORES $33.99 E101-41400-390 Contracted Services ($50.00) 407199 PER BILLING DEPT E101-41400-390 Contracted Services $80.00 407199 MONTHLY FEB E101-41400-390 Contracted Services $30.00 408099 MONTHLY MARCH Total US INTERNET $60.00 —WiBOW b MtCUIPM ENT E101-41900-430 Miscellaneous (GENERAL) $613.25 FEB 2002 EDA CONSULTANT Total WILSON DEVELOPMENT SERVICES $613.25 ripaid W64'rto u NTY-AUD ITO k-T-R'EA'S'U--Rr--- E 101-42100-390 Contracted Services $20,318.33 APRIL 2002 SHERIFF PATROL Total WRIGHT COUNTY AUDITOR-TREASURE--�-2-0,318.33 .------�--WRid4f-CbtTNfY'fftGHWAY-OEPT'-------- O—npa,-d--- E 101-43100-372 Salt& Sand $16,681.38 3318 SAND & SALT Total WRIGHT COUNTY HIGHWAY DEP7 $16,681.38 10100 BANK OF ELK RIVER $117,816.88 FILTER: None ITEM 5.3. CLEAN UP DAY SATURDAY MAY 4, 2002 8 AM TO 1 I'M CITY PAYS RESIDENTS PAY Appliances $11.00 $13.00 (increase of (increase of $.50) S 1.00 from last year) Residential Air Conditioners S 16.00 $17.00 (Up $1.00) (increase of S 1.00) Microwaves, humidifiers, de -humidifiers No charge (Same) Tires Car tires $1.00 $1.00 (Same) Light Truck $2/$3 $3.00 (Same) Large Truck $6/$7 $7.00 (Same) Tractor Tires $25 to $40 $25 to S40. Inner Tubesibike fires Motorcycle tires $.50 $1.00 (Same) Randy's Sanitation $185.00 a pull Scrap Metal (Up $55.00) No charge The City is reimbursed for the scrap metal. Batteries (vehicle) No charge Demcon Disposal $135.00 (down $10.00) No charge Disposal of household goods Elk River Landfill $43 a ton for household junk No charge Computers/Monitors/CPU/Printers $ 10 each Mattresses, Box springs $ 10 each (same) Sofas, Recliners, any spring item $4.00 $5 each (same) (Same prices) Thank you. SEE YOU MAY 4h 11111111 Judy Hudson ITEM 5.4. CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION No. 15 A RESOLUTION Reestablishing Unchanged Precinct and Polling Place. Be it resolved, by the Otsego City Council, WHEREAS, the boundaries of the City of Otsego, which consists of the territory of the City of Otsego remain unchanged following state legislative redistricting, the Otsego City Council hereby reestablishes this precinct with those boundaries as required by Minnesota States 204B. 14, subdivision 3 V. WHEREAS, the.polling place.for the City of Otsego remains at the Otsego City Hall, 8899 Nashua Avenue NE, Otsego, MN, the Otsego City Council hereby reestablishes this location as the designated polling place for this precinct in accordance with Minnesota Statutes 204B. 16. ADOPTED, this the 8h day of April 2002. Attest: Judy Hudson, City Clerk Mayor Larry Fournier A. Motion to approve a rezoning to PUD District, PUD Development Stage Plan, and Preliminary Plat subject to the following conditions - The PUD District shall be subject to the uses and performance standards allowed in the B-3 District, except as expressly modified. 2. Development of the individual lots within the PUD District shall require approval of a PUD development plan amendment, processed in accordance with Section 36 of the Zoning Ordinance. 3. The design standards are incorporated as part of the PUD District as performance requirements and shall be applied to all lots within the District. The design standards are to be revised as follows: a. A statement requiring conformance with the Zoning Ordinance or other City Codes where a more restrictive standard would apply unless relief is approved with a PUD development plan. b. A map of the various sub -districts is provided in Section IVA of the design standards. C. Section III.A.2 is revised to require a minimum fifty (50) percent masonry exterior building material. d. The design of all street and site light fixtures is determined and their location along Quaday Avenue and Park Avenue included on an updated site plan to be constructed with the public streets. e. Street signs shall be subject to review and approval of the City Engineer. Locations where streetscape elements such as benches, trash containers, planters, parking lot railings, etc., is defined on a sub- district and individual site basis. 9. Relative to allowed signs, the terms "business front" and "business side". The area of all signs for an individual building or site will be limited to 15 -percent of the building facade. h. Freestanding signs shall be limited to monument type structures constructed of the same material as the principal building. The signs are to be located at the entrance to each site, except for a convenience gas use on Lot 1, Block 1, which may locate its sign along the CSAH 39 frontage. Co -location of individual businesses on one sign at a common entrance will be allowed subject to the Page 2 of 4 standard height limitation. Area identification signs may be provided at the TH 101 frontage, CSAH 39/Quaday Avenue, and CSAH 42/Park Avenue. The signs are to be monument type signs and only the sign along TH 101 may identify individual businesses. Site lighting is to be a shoebox or can design with a 90 -degree horizontal cutoff. Building facades must be illuminated only by directed light and fixtures must be flush mounted to the under side of any canopy or portico. 4. The development plan for Lot 2, Block 2 will provide that the building have a "front" facade to the TH 101/CSAH 39 intersection and that the drive- through is located to the northwest side of the building. 5. The applicant submit a traffic study evaluating the impact of the development to public streets. Any improvements required to mitigate the impact of the development to public streets will be the responsibility of the applicant. Access issues are subject to review and approval of the City Engineer, Wright County, and MNDoT as may be applicable. 6. Six-foot wide concrete sidewalks are provided on both sides of Quaday Avenue and Park Avenue. The site plan is to be revised to show connections from the public sidewalks to individual buildings. 7. The landscape plan is revised to provide low -growth shrubs in the median of Quaday Avenue and Park Avenue, subject to review and approval of the City Engineer. 8. The City work with the developer to provide for a City gateway sign at the TH 101 ICSAH 39 intersection incorporating the City's logo. 9. Off-street parking stalls shall be provided in conformance with Section 21 of the Zoning Ordinance. Joint parking maybe allowed under the PUD District, but the total number of stalls shall not be reduced unless it is demonstrated that supply will exceed demand. 10. Parking lot designs are revised to provide adequate circulation on Lots 4-6, Block 2 and eliminate any off -set drive -aisles and intersections as part of the individual site development plan reviews. 11. Exterior trash enclosures are to be constructed of the same material as the principal building. Design plans for the trash enclosure are required as part of the development plan application for individual sites. Page 3 of 4 12. Easements are provided over all lots allowing joint parking and access. Easements are also to be provided over sidewalks along Quaday Avenue and Park Avenue where the sidewalk is not within the public right-of-way. All easements are subject to review and approval of the City Engineer. 13. All grading and drainage plans are subject to review and approval of the City Engineer. 14. Approval of the preliminary plat does not guarantee access to sanitary sewer and water service capacity. Municipal utility capacity will only be allocated for approved final plats with executed development agreements that include payment to receive such services. All utility plans are subject to review and approval of the City Engineer. 15. Park dedication requirements of Section 21-7-18.1 of the subdivision Ordinance are satisfied. 16. The applicant shall enter into a development contract with the City incorporating the revised design standards and terms of the PUD District, and standard subdivision provisions, subject to review by the City Attorney and approval of the City Council. 17. Comments of other City Staff, DNR, Wright County, and/or MNDoT. B. Motion to deny the application based upon a finding that the request is inconsistent \Mth the policies and provisions of the Comprehensive Plan, Zoning Ordinance, and Subdivision Ordinance. C. Motion to table the request. PC. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer Robert Fields, LandCor, Inc. Steve Fisher, LandCor, Inc. Marly Glines, Dynamics Design & Land Co. Page 4 of 4 CITY OF 0 T S E G 0 WRIGHT COUNTY, MINNTESOTA Applicant: LandCor Construction, Inc. 4-2-02 PUD District PUD Development Plan Preliminary Plat Findings of Fact & Decision Request: Consideration of a rezoning to PUD District, PUD Development Plan, and preliminary plat for a development entitled "Otsego Waterfront West" located northwest of CSAH 39 and TH 101. City Council Meeting Date: 8 April 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: 1 . The legal description of the property is described by attached Exhibit A. 2. The 20 -acre property lies within the Sanitary Sewer Service District and is guided for commercial land uses by the 1998 Comprehensive Plan Update, as amended. 3. The property is zoned A-1, Agricultural Rural Service District-, The applicant is requesting the property be rezoned to PUD, Planned Unit Development District to allow for development of the development plan and preliminary plat entitled "Otsego Waterfront West". 4 A PUD Concept Plan for development of the property was approved by the Otsego City Council on November 27, 2000, subject to conditions. 5. The Planning Commission and City Council must take into consideration the possible effects of the PUD District and PUD Development Plan with their judgement based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: A. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The Comprehensive Plan guides the site for commercial uses. This area is described as the City's primary commercial area to be developed with uses that serve local and regional markets. As the focus of the City's commercial areas and the primary gateway to the community, the Comprehensive Plan encourages developmentof high quality, cohesive centers. The proposed developmentplan is consistent with this framework in terms of uses, site design, and building and site design standards to be provided as part of a PUD District. B. The proposed use's compatibility with present and future land uses of the area. Finding. The subject site is bounded by TH 101 to the east, commercial and institutional uses to the south, commercial uses to the west. The area north of the site is currently agricultural, but planned for future commercial use. The site design is sensitive to existing single family residential uses to the northwest by locating a less intensive officelretail use at this comerof the project andproviding a reasonable amount of screening. C. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding.- The proposed use will conform to all applicable development regulations, including those standards or requirements modified or incorporated as part of the PUD District. D. The proposed use's effect upon the area in which it is proposed. Finding.- The proposed use will have a positive impact to the community in terms of expanding consumer opportunities, expanding the City's tax base, contributing positively to the City's identity with high quality site and building design, and utilization of available municipal utilities. Any negative impacts related to the surrounding neighborhood will be addressed as part of the PUD development standards and during the development plan review process for each site. 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 applicant will prepare an analysis of traffic generation and impacts created by the project. The applicant will be responsible for any measures necessary to prevent any negative impacts to public streets due to traffic generated by this project G The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Finding: The proposed use is not anticipated to have a negative impact to the City's service capacity. The project will contribute to the City's tax base to support its service capabilities and utilize available infrastructure improvements. 2 7. The planning report dated 28 March 2002 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 8. The engineering review dated 28 March 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 16 April 2001 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the requests based on the aforementioned findings. Decision: Based on the foregoing information and applicable ordinances, the requested PUD District, PUD Development Plan and Preliminary Plat for "Otsego Waterfront West" is hereby approved based on the most current plan and information received to date, subject to the following conditions: The PUD District shall be subject to the uses and performance standards allowed in the B-3 District, except as expressly modified. 2. Development of the individual lots within the PUD District shall require approval of a PUD development plan amendment, processed in accordance with Section 36 of the Zoning Ordinance. 3. The design standards are incorporated as part of the PUD District as performance requirements and shall be applied to all lots within the District. The design standards are to be revised as follows: a. A statement requiring conformance with the Zoning Ordinance or other City Codes where a more restrictive standard would apply unless relief is approved with a PUD development plan. b. A map of the various sub -districts is provided in Section IV.A of the design standards. C. Section III.A.2 is revised to require a minimum fifty (50) percent masonry exterior building material. d. The design of all street and site light fixtures is determined and their location along Quaday Avenue and Park Avenue included on an updated site plan to be constructed with the public streets. e. Street signs shall be subject to review and approval of the City Engineer. Locations where streetscape elements such as benches, trash containers, planters, parking lot railings, etc., is defined on a sub -district and individual site basis. 3 9- Relative to allowed signs, the terms "business front'and "business side". The area of all signs for an individual building or site will be limited to 15 -percent of the building facade. h. Freestanding signs shall be limited to monument type structures constructed of the same material as the principal building. The signs are to be located at the entrance to each site, except for a convenience gas use on Lot 1, Block 1, which may locate its sign along the CSAH 39 frontage. Co -location of individual businesses on one sign at a common entrance will be allowed subject to the standard height limitation. Area identification signs may be provided at the TH 101 frontage, CSAH 39/Quaday Avenue, and CSAH 42/Park Avenue. The signs are to be monument type signs and only the sign along TH 101 may identify individual businesses. Site lighting is to be a shoebox or can design with a 90-clegree horizontal cutoff. Building facades must be illuminated only by directed light and fixtures must be flush mounted to the under side of any canopy or portico. 4. The development plan for Lot 2, Block 2 will provide that the building have a "front" facade to the TH 101 /CSAH 39 intersection and that the drive-through is located to the northwest side of the building. 5. The applicant submit a traffic study evaluating the impact of the development to public streets. Any improvements required to mitigate the impact of the development to public streets W-11 be the responsibility of the applicant. Access issues are subject to review and approval of the City Engineer, Wright County, and MNDoT as may be applicable. 6. Six-foot wide concrete sidewalks are provided on both sides of Quaday Avenue and Park Avenue. The site plan is to be revised to show connections from the public sidewalks to individual buildings. 7. The landscape plan is revised to provide low -growth shrubs in the median of Quaday Avenue and Park Avenue, subject to review and approval of the City Engineer. 8. The City work with the developer to provide for a City gateway sign at the TH 101 /CSAH 39 intersection incorporating the City's logo. 9. Off-street parking stalls shall be provided in conformance With Section 21 of the Zoning Ordinance. Joint parking may be allowed under the PUD District, but the total number of stalls shall not be reduced unless it is demonstrated that supply will exceed demand, 10. Parking lot designs are revised to provide adequate circulation on Lots 4-6, Block 2 and eliminate any off -set drive -aisles and intersections as part of the individual site development plan reviews. 11. Exterior trash enclosures are to be constructed of the same material as the principal building. Design plans for the trash enclosure are required as part of the development plan application for individual sites. 12. Easements are provided over all lots allowing joint parking and access. Easements are also to be provided over sidewalks along Quaday Avenue and Park Avenue where the sidewalk is not within the public right-of-way. All easements are subject to review and approval of the City Engineer. 13. All grading and drainage plans are subject to review and approval of the City Engineer. 14. Approval of the preliminary plat does not guarantee access to sanitary sewer and water service capacity. Municipal utility capacity will only be allocated for approved final plats with executed development agreements that include payment to receive such services. All utility plans are subject to review and approval of the City Engineer. 15. Park dedication requirements of Section 21-7-18.1 of the Subdivision Ordinance are satisfied. 16. The applicant shall enter into a development contract with the City incorporating the revised design standards and terms of the PUD District, and standard subdivision provisions, subject to review by the City Attorney and approval of the City Council. PASSED by the Otsego City Council this 8th day of April, 2002. Attest: CITY OF OTSEGO 0 Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk 5 ORDINANCE NO.: CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR PROPERTY INCLUDED AS PART OF THE MEADOWLANDS PRELIMINARY PLAT. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally described by Exhibit A (the "property"). Section 2. The property is hereby rezoned from an A-1, Agricultural Rural Service District designation to a PUD, Planned Unit Development District designation. Section 3. The Zoning Administrator is hereby directed to make appropriate changes to th ' e official Zoning Map of the City of Otsego to reflect the change in zoning classification set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 8th day of April 2002. CITY OF OTSEGO BY - Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk NORTIAWIS"t ASSOCkA-tab ITEM 6.3. C*"""A"44, INC, - 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595,9636 Facsimile: 952.595-9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht RE: Otsego - Solberg CUP DATE: 2 April 2002 APPLICATION DATE: 3 March 2002 NAC FILE: 176.02 - 02.07 CITY FILE: 2002-07 The Planning Commission held a public hearing on the above referenced request on April 1, 2002. Almost all of the comments from the applicant or from several surrounding property owners dealt YAth. floodplain issues, County or Federal regulations effecting the area, and the City's current exploration of grant funds to buy-out properties in the area. No one had issue vAth the specific request to expand the existing dwelling, which is non- conforming. As has been discussed Wth the City Council previously, this area of the community presents long-term problems for access and sewage treatment as because of the elevation of Parrish Avenue, soil conditions, and flood potential. Federal and County regualtions that the City is required to enforce limit expansion or sale options for properties in this area because of these conditions. City staff is pulling together information on the area and intends to have an information meeting vAth area residents to discuss these problems and Possible solutions. Because of the stir created by this application, we are advancing the schedule for this meeting to have it as soon as possible. After closing the public hearing, the Planning Commission voted 7-0 to recommend approval of the CUP as outlined below. This application WlI be on the City Council agenda for April 8, 2002 at 6:30 PM. Findings related to the Planning Commission's recommendation are attached. A. Motion to approve a conditional use permit allow expansion of a legal non- conforming single family dwelling to improve its livability as provided for by Section 20-15-3.E, subject to the follo\Mng conditions: The number of sleeping rooms is not increased beyond the three (3) existing bedrooms. 2. Comments of other City Staff. B. Motion to deny the request based upon the following findings: Access to the property is more than two (2) feet below the regulatory flood elevation, which does not conform to Section 20-94-7.C.4. 2. The first flood elevation of the existing dwelling is below the regulatory flood elevation, which does not conform to Section 20-94-7.B.l. a. 3. Approval of the request would sustain a non -conforming use that creates the potential for loss of life and property, health and safety hazzards, and extra- ordinary public expenditure for flood protection and relief contrary to the intent of the Comprehensive Plan and Zoning Ordinance. C. Motion to table the request. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Darlene Solberg CITY OF 0 T S E G 0 WRIGHT COUNTY, MEVNESOTA Applicant: 2qELq�� 4-2-02 Conditional Use Permit Findings of Fact & Decision Request: Consideration of a CUP provided for by Section 20-15-3.E. to allow expansion of a legal non -conforming single family dwelling located at 9912 NE Parrish Avenue. City Council Meeting Date: 8 April 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: 1 . The legal description of the property is described by attached Exhibit A. 2. The property lies within the Long Range Urban Service Area and is guided for low density residential land uses by the 1998 Comprehensive Plan Update, as amended. 3. The property is zoned A-1, Agricultural Rural- Service District; Single family uses are, permitted uses of the A-1 District. 4. The property is within the WS, Wild Scenic and Recreational River Overlay District; Single family uses are permitted uses within the WS District. 5. The property is within the FF, Flood Fringe District- Residential uses are conditional uses of the FF District subject to the standards establis�ed by Section 20-94-7.0 of the Zoning Ordinance. a. Single family dwellings within the FF, Flood Fringe District must have a first floor elevation at or above the regulatory flood elevation. According to the submitted survey, the regulatory flood elevation is at 866.2 feet in the area. The first floor elevation of the existing dwelling is at 866.0, 2.4 inches below the regulatory flood elevation. The existing dwelling is a legal non -conforming structure. b. Residential uses within the FF District must have vehicular access at or above an elevation not more than two feet below the Regluatory Flood Protection Elevation. Parrish Avenue, which provides access to the property, is at an elevation of 862.7 feet to 863.6 feet across the front of the lot, which is more than two feet below the regulatory flood elevation. Access to the residential use is legally non -conforming. 6. Section 20-15-3.E of the Zoning Ordinance allows for expansion of legal non -conforming single family dwellings by conditional use permit. 7. 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 Comprehensive Plan calls for strict adherence to and enforcement of all floodplain ordinances and Federal floodplain insurance regulations (Policy Plan, p. 35). The City's Floodplain Overlay District has been established in order to "restrict or prohibit uses which are dangerous to health, safety, or properties in times of flood or which cause increases in flood heights or velocities" (Policy Plan, p. 36). The proposed addition serves to sustain the residential use of the property for which the City would ultimately seek to phase out because access to the property cannot be ensured during food periods, health risks posed by septic systems vulnerable to flooding, or damage to property. However, the proposed addition only improves the livability of the dwelling, which already exists. Expanding this dwelling in a manner that meets flood protection requirements would not place additional property at risk or further compromise the safety of the residents as the access issue is not altered may be appropriate. B . The proposed use's compatibility with present and future land uses of the area. Finding.- The subject site is in an area of the community developed with single family uses, many of which may be non -conforming due to the requirements of the Floodplain Overlay District Because of these floodplain issues, a long-term continuation of residential uses is questionable. Expanding the existing dwelling may sustain the existing residential use on this property. C. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding- Any addition to the existing dwelling must meet applicable performance standards and not increase any existing legal non -conformities. D. The proposed use's effect upon the area in which it is proposed. Finding: Ultimately, the issue of ending residential use of this or other properties within the area will likely be determined at such time as the septic systems must be updated. This is will occur either at such time as there is a problem with the existing system or the property is sold. In the short term, the proposed addition would not negatively impact the area provided that any new construction meets applicable performance standards, does not increase the potential number of inhabitants, or otherwise require modification of the septic system. E. The proposed use's impact upon property values of the area in which it is proposed. 2 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 proposed use is not anticipated to generate any additional traffic. 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 addition represents an investment in a property which the City has regularly had to protect from flood damage by pumping the area. While the addition does not expand this impact to the City, it may mean a continuation of this service. 8. The planning report dated 15 March 2002 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 9. The engineering review dated 21 March 2002 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. 10. The Otsego Planning Commission conducted a public hearing at their regular meeting on 1 April 2002 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the 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 folloWng conditions: 1 . The number of sleeping rooms is not increased beyond the three (3) existing bedrooms. PASSED by the Otsego City Council this 8th day of April, 2002. Attest: CITY OF OTSEGO 0 Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk 3 ITEM 6.4. "alkir"WaST ASSOCIATItIb CONSULTANTS" INC, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 2 April 2002 RE: Otsego - Comprehensive Plan Update NAC FILE: 176.18 The Planning Commission held a public hearing at their meeting on April 1, 2002 to consider the updated Comprehensive Plan. Comments received during the public hearing included the following: Midwest Landscapes at CSAH 37 and 1-94 requested designation of their property as "mixed use" Comment: The City does not have a "mixed land use category"" Designation of that type of land use must typically be accompanied by a detailed'concept plan for a specific area to define what the intended mix of uses is. In the case of a more generalized land use plan such as that used for Otsego, a mixed use proposal can be accommodated as part of a PUD development request, which provides for the appropriate /eve/ of detail and review As such, no change to the land use plan is recommended. 2. Floyd Roden and Donald Weidenbach requested that their properties northwest of CSAH 19 and 80'hStreet be included within the west sanitary sewer service district. Comment: The boundaries of the west waste water treatment plant were defined based upon planned sewer capacity, gravity sewer limits, and projected development potential. Expansion of the west sewer district to include the Roden and Weidenbach properties at this time would be premature due to limits on sanitary sewer capacity and an available supply of land near the planned treatment plant for development The decision as to how the west sanitary sewer service distlict will be expanded into the urban service reserve area is essentially deferred until more land is needed and there is available sewer capacity. Page I of 2 3. Keith Vetsch requested that all of his property located west of Jalger Avenue and bisected by 80th Street be put into the west sanitary sewer district. Comment: Again, the boundaries of the sewer district were defined based upon physical factors such as planned sewer capacity, gravity sewer limits, as well as projected developmentpotentiaL Property ownership is not one of the factors used to establish the generalized concept plan or land use plan for the City because they are less objective and artificial man-made boundaries subject to easy changes. At such time as sewer is extended to the property and a development request is received, the City may consider adjusting the boundaries of the west sanitary sewer service district. 4. Randy Karsten who lives east of CSAH 19 and north of 80'h Street was concerned about changing policies in the area for agriculture preservation, which allowed for expansion of existing feedlots, to urban services and the location of a waste water treatment plant in the area. Comment: Obviously, the decision to proceed with construction of a west waste water treatment plan will significantly change the character of this area. However, the area has long been designated for urban development and is a logical expansion of the regional development occurring in Albertville and St. Michael. 5. Nancy Anderson, who lives on Mason Avenue, had questions regarding expansion of urban, development into the urban service reserve area and long range urban service area. Comment. The conservative projections prepared as part of the Comprehensive Plan update and waste water treatment facilities plan suggest that development of the initial west sanitary sewer service district may take up to 15 -years. No time table has been established for full service of the urban reserve area. But, given its size, such a proposal would be considered long-term at best Extension of service to the long range urban service area will only be considered upon request of area property owners or environmental necessity based on current City policy. After receiving these comments and discussing each issue, the Planning Commission closed the public hearing. There was no additional discussion. The Planning Commission voted 7-0 to recommend that the City Council adopt the Comprehensive Plan Update as drafted. This item will be on the City Council agenda for April 8, 2002 for consideration. A resolution to adopt the Comprehensive Plan update is attached. pc. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Page 2 of 2 RESOLUTION NO.: CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA A RESOLUTION ADOPTING AN UPDATED COMPREHENSIVE PLAN RELATED TO ESTABLISHMENT OF A WEST SANITARY SEWER SERVICE DISTRICTIN RESPONSE TO CONTINUED REGIONAL GROWTH ISSUES. WHEREAS, the Cityof Otsego has the authorityand responsibility under Minnesota Statutes 462 to prepare and adopt comprehensive plans for the purpose of guiding and directing future growth and development of the community; and, WHEREAS, the City last adopted a Comprehensive Plan Update in September 1998 in response to planning, development, and growth management issues that emerged in the community; and, WHEREAS, the City has determined that new planning, development, and growth management issues have emerged in the community that require reviewand establishment of new policy; and, WHEREAS, the City Council authorized preparation an update of the City's Comprehensive Plan; and, WHEREAS, the City's consultants, staff and City Officials have formulated a Comprehensive Plan Update, dated 28 March 2002, consisting of the following chapters. - 1 . Community Issues. 2. Policy Plan. 3. Development Framework. WHEREAS, a duly noticed public hearing on the Otsego Comprehensive Parks and Trails Plan was held by the Planning Commission on 1 April 2002 and public comment was received and considered accordingly; and, WHEREAS, the Otsego Planning Commission, following the close of the formal public hearing, recommended by a 7-0 vote that the City Council approve the Otsego Comprehensive Plan Update; and, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego that: the Otsego Comprehensive Plan Update, as amended by the Planning Commission and City Council, is approved and adopted. ADOPTED BY THE OTSEGO CITY COUNCIL THIS 8th DAY OF APRIL, 2002. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, City Clerk/ Zoning Administrator Page 2 of 2 Hakanson Anderson Assoc., Inc. 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Phone: 763/427-5860 Fax: 763/427-0520 CITY OF OTSEGO CITY COUNCIL CITY ENGINEER'S AGENDA APRIL 8, 2002 Item 7.11: Lefebvre Creek Storm Water Credit Issue Item 7.2: Cost for 85 th Street MSA and General Funds Item 7.3: Cost Estimates for Service Road and Finn Road Item 7.4: Consider Approval of Bids for 2002 Street Maintenance Item 7.5: Any Other Engineering Business Civil 6- Municipal w G:WunicipaRAOTSEGO\Agendas\councilagenda4gI Engineering 2 97 .6�j-rveyingftr ITEM 6. HORTIAWItST ASSOCkA-Vto C0"%UL7t4k"1r%, , INC, 5775 Wayzata Boulevard, Suite 55S, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952-595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM.- Daniel Licht RE: Otsego - Waterfront PUD; West Development Stage Plan DATE- 2 April 2002 ACTION DEADLINE: 28 June 2002 NAC FILE: 176.02 - 02.04 CITY FILE: 2002-06 Please be advised that the Planning Commission held a public hearing on April 1, 2002 to consider the above referenced request. Mr. Robert Fields of Landcor Construction, Inc. was present to provide additional information on the development plan and construction schedules. Mr. . Fields indicated that they have no' significant issues 'with the recommendations from City Staff and would work to finalize the detail items prior to a development approval for any of the building sites. Comments from the public were limited to Mr. Chance Nelson of 9193 Parrish Avenue who was concerned about traffic impacts to CSAH 42 and glare site lighting. Traffic issues be subject to further discussions with the developer, City staff and County staff to try and address not only issues with this project but existing problems on CSAH 42. Site lighting has been identified as a significant issue to be considered with each development plan and appropriate fixtures and installations will be required. Landscaping and the orientation of the buildings will also serve to minimize the impact of noise and light glare to the residential uses to the west-northwest. Discussion by the Planning Commission after closing the public hearing was limited to concerns about traffic and spacing requirements from Christ Lutheran Church for the liquor store shown on the site plan. A liquor store at this location would meet the 500 -foot separation requirement. After discussion, the Planning Commission voted to recommend approval of the PUD District, PUD Development Plan and preliminary plat subject to the conditions outlined by City Staff. Findings consistent with the Planning Commission's recommendation have been attached for review at the City Council meeting on April 8, 2002. At that meeting, the City Council may consider the following actions: Page I of 4 Hakanson Anderson Assoc., Inc. MEMORANDUM ITEM 7.1 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Phone: 763/427-5860 Fax: 763/427-0520 To: Mike Robertson, Administrator cc: Judy Hudson, Clerk Gary Groen, City Finance Dennis Backes, Backes Companies Jeff Shopek, Loucks Andy MacArthur, City Attorney From: Ronald J. Wagner, P.E. Date: April 3, 2002 Re: Ditch Cleaning Completed by Backes Companies and the Corresponding Storm Water Credit As requested, we have completed an overview of the ditch cleaning for a portion of Lefebvre Creek (specifically a portion of Ditch Segment 871L from the Trunk Storm Water Facilities Study for Portions of Lefebvre Watershed — March 1999). Last month the Developer of Crimson Ponds, Mr. Backes, formally requested reimbursement for the ditch cleaning his contractors performed on Ditch Segment 871 L. The work was completed during 2000 and 2001 and consisted of reestablishing the ditch bottom to its original grade to provide a more efficient storm water system. Many controllable difficulties arose during the ditch cleaning project, which could have been avoided if normal procedures were followed. There is no signed agreement between the City and Mr. Backes. A written and signed agreement would have defined the process for this project. The City then would have been able to review the project and plans for current need of improvements, estimated costs and reimbursements, wetland avoidance and easement issues. Letters of credit or performance bonds could have been required to ensure the contractor's and/or developer's compliance and completion. Also, the City Attorney would have been able to draft and review any agreement. As it was, the project began with no knowledge of any of the City staff, the surrounding landowners and the Wright County Soil and Wz'ater District. Consequently numerous avoidable problems arose: The Wright County Soil and Water District issued a Cease & Desist Order on July 16, 2000, to determine if the Wetland Conservation Act was being violated. As LGU, the ci,il &M.ni,i ,p,l G:�MunicipaMOTSEGO2000\2198\ot2l98mr7.doc Engineering 25 Land Surveyingfor ITEM 7.1 City resolved the issue by finding that the ditch cleaning met the exce tion requirements p of the Wetland Conservation Act. 2. A landowner, where some of the ditch cleaning occurred (Morrisette), objected. A settlement between Mr. Backes and Mr. Morrisette was reached without City intervention. 3. No NPDES Permit was procured. The above problems shed bad light on the City. Wright County Soil & Water District and residents called the City with questions and concerns. City staff had no knowledge of the construction because Mr. Backes or his associates failed to follow proper procedures. The ditch cleaning of Segment 871L was completed in late November 2001. Wehavenothada chance to review the finished product for proper side slopes, property seeding of slopes, any erosion of the side slopes, proper spreading of spoil and proper seed of spoil areas. Therefore, any reimbursement or credit should be withheld until verification of these items can be determined (mid -summer). Also, the ditch cleaning of the entire length of Segment 871L was not completed due to the eastern 530' extending onto the Darkenwald property, so appropriate adjustments to full reimbursement to 87 1 L is required. Currently, the City has been concentrating its efforts and monies on the. downstream sections of the Lefebvre Creek where the flow from developed areas is going. Segment 871L is located downstream of the Crimson Pond Development, but is located in"agricultural land which may be years away from development (depending on East Sewer Plant Phase 3 expansion). Continued farming adjacent to the ditch may result in portions of the ditch silting in again, making the existing ditch cleaning premature. The following is the City's options in granting the request for reimbursement to Backes Companies for trunk storm facility work within the Lefebvre Watershed District. Partial payment at this time in accordance to Backes Companies invoice, for work completed with full payment after verification of project completion. Now $22,690.91 July $22,690.91 (If completed to Engineer satisfaction) Total $45,381.82 Partial payment at this time in accordance the estimated cost shown in the Watershed Study with full payment after verification of project completion. Now $21,146.00 July $21,146.00 (if completed to Engineer satisfaction) Tot -%A=?.00 makanson G:\Municipa[\AOTSEGO2000\2198\oLI 198mr7.doc Anderson I -mill Assoc., Inc. ITEM 7.1 3. Due to the construction being premature, the City could wait until this area, around and adjacent to Ditch Segment 871L, develops and then reimburse the Backes Companies. The ditch cleaning should be reevaluated at that time to determine if farming practices have silted the ditch segment to any extent. 4. Some portion or percentage deducted for improper procedural processes. Procedural processes were lacking communication with the City, which caused after the fact review of plans, wetlands and "shed bad light" on the City to residents and the Wright County Water & Soil District. Portion or percentage could be determined off of 1, 2 or 3. The City is under no obligation to pay anything due to no contractual aorreement. 6. Any other system or terms, which City Council deems fair. Since there was no contract agreement, the City should have full discretion. Our only recommendation for the City Council is to not Adopt Option 5. Mr. Backes has completed a Development within the City of Otsego and has future land to develop within the City of Otsego. It is our opinion, besides this ditch cleaning, that he has worked well with the City staff. The ditch cleaning of Segment 871 L is a vital portion of the Lefebvre Watershed Trunk System although at this time it is premature. Any payment to Mr. Backes should also be contingent upon a drainage easement of 50' on either side of the centerline of the ditch being granted to the City. GAM u n ici pal\AOTSEGO2 000\2 19 8\ot2 19 8 mr7. doc Hakanson Anderson Assoc., Inc. F— LLJ F— C) LLJ co 0 00 m Of LLJ 4", inct 0 'If L-li < L.Li ri opp, -AL, lo IAA— Li V) L) 17 z F, ul 00 c C,4 6i v 'IN Of L 3.2.3 Ditch Segment 871 Ditch Segment 871 consists of approximately 4200 LF of open channel flow. The upstream end Of this segment starts at Structure 841 and discharges to DNI ead. The ultimate design for this se ' I R wetland 6W at the downstream gment of the channel is shown on Figure 6. This segment of the ditch will be cleaned to its Original grade and the 1 0 entire . I existing ditch slope will be maintained. The estimated construction cost for restoring Ditch Segment 871 is $48,400. ::2 Construction Cost Estimate For Ditch Segment 871 4200 L.F. Ditch Restoration DNR Wetland 6W (West side) to Structure 841 Item Description Estimated Unit Unit E�ten s -ion Quantity Price 1 Clear and Grub 9.70 Acre $400 $3,880 2 Excavation 5,000 CY $5 $25,00 ��3 Restoration 9.70 Acre $1,500 $14550 4 I Erosion Control I I LS $5,OCO t:fst �7�j I otai 548,400 Hakanson Anderson Assoc., Inc. MEMORANDUM ITEM 7.2 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Phone: 763/427-5860 Fax: 763/427-0520 To: Mike Robertson, Administrator From: Ronald J. Wagner, P.E. cc: Judy Hudson, Clerk Date: April 3, 2002 Re: MSA Account and General Funds as pertaining to 85 1h Street Construction — Page Avenue to Nashua Avenue As requested by the Council, we have reviewed the estimated cost of construction, MSA monies currently available, advance MSA monies and general City of Otsego fund monies to determine if the 85 1h Street project can be moved forward by one year. Currently in the Otsego MSA construction account, there is $191,041. Otsego's 2002 MSA construction allotment is $214,864. This totals approximately $406,000. During 2002 we plan to have State Aid reimburse the City approximately $260,000 for remaining easement settlements on Odean Avenue and 78t" Street and the remaining State Aid appor-tionment for Odean Avenue Construction. This will leave $146,860 in the account. Currently in the general fund there is approximately $750,000. The City is allowed to borrow up to three years advance encumbrance of State Aid Funds. Using 2003, 2004 and 2005 State Aid monies, we estimate the City would be able to receive approximately $645,000. Using all three sources of funds gives an estimated grand total of $1,542,000. The estimated cost of the entire 85 th Street project estimate is $1,491,000 or $50,000 of extra funds for any unforeseen change orders or a higher than predicted bid. This constitutes a maximum of 3% change in bid or change orders. The City also may be concerned with lowering its general fund, albeit temporarily, to such a low level. We recommend waiting one year, as initially proposed, to garner more State Aid Funds. Civil 6- Municipal GAMunicipaMOTSEG0\90 I \2002\ot901 inrl Engineering 25 lz.nd Surveyingfor CITY 'rSEGO Prepared by Hakanst Jerson Associates, Inc. Municipal State Aid Program (217) 5 -Yrs Construction Fund Balance Revised 4/04102 NOTES: 1) Maintenance funds received each year are not included in the construction fund calculations. 2) Estimated Share/Municipal/aebethellOT315MSA5-YrBal2OO2 Page 1 I EST. OF PROJ. ENDING DATE I FUNDING EVENT ROUTE TYPE OF IMPROVEMENT [STARTING BALANCEI COSTS FBALANCE 12/99 2000 Unencumbered Balance Allotment - Maintenance '-Allotment 92,135 25,121 2006--' - Construction 276,405 2001 $ 80.138 Allotment- Maintenance______________-_ 108-01 78th St Construction & De sign 2001 AJIotment - Construction 2 . 40,415 $ (37.394) 541,941 $ 504,547 1/0i 105-02 Odean Avenue Construction-g9gineering (219,168) $ 285,380 4/0.1— 105-021— ----,,----O,d,ea,n Avenue Clonstruction ------267,931 9/01 108-011— Construction Engineering $ 213,384 11013-01 9/01 Page Avenue Construction Engineering $ (9,930) -'-�---'203,454 9/01 107-02 Quaday_�yenue'Consturction Engineeri ------- 191,041 2 Allotment Maintenance 71,621 2002 Allotment - Construction $ 214,864 $ 405,905 105-02,,-,-----,---,,-,,Odean Avenue Easements Pending.- 11 __''(146,500 $ 259,4 05 ? 108-01 78th St Easements Pending $ (69,000) 2 190,405 105-02 ? Odean Avenue S.A.'.,s,, C.O.'s, and W.O,' s (I�DOT Appr) (43,545) $ 146,860 Maintenance'" 71,621 2663 e n t - C o n struction $ 214,864 361,724 2004 2004 Allotment - Maintenance Allotment - Construction 576,588 71,621 :i6Oi 6t�� t--aaiWt��an�e 71621 2005 Allotment - Construction ------- 214,86A $ 791,452 200 1 2006 llotment - Maintenance Construction 71.621 214.864 ,,—JAllotment . ..... 1.006,316 NOTES: 1) Maintenance funds received each year are not included in the construction fund calculations. 2) Estimated Share/Municipal/aebethellOT315MSA5-YrBal2OO2 Page 1 Hakanson Anderson Assoc., Inc. MEMORANDUM ITEM 7.31 3601 Thurston Avenue, Suite 101, Anoka, AAN 55303 Phone: 763/427-5860 Fax: 763/427-0520 To: Mike Robertson, Administrator From: Ronald J. Wagner, P.E. 1-1 W cc: Judy Hudson, Clerk Dave Chase Date: April 3, 2002 Re: Service Road for Commercial Area NW of CSAH 39 and CSAH 42 As requested, we have reviewed the above -referenced area and have some cost estimates for various remedies. Currently the Frontage Road is in very poor condition and requires patchinc, at least twice a year. This is due to the age of the road (which was built in 1978 with the last ovecr'lay in 1988) and the amount of traffic on the road, but primarily from lack of adequate drainage in the area. I spoke with Mr. Chase and he estimated the cost per year of maintenance to be $2,000 to $5,000 per year when you factor in equipment, man hours and materials. He also stated he receives numerous complaints on the road. Recently, Dave Chase and I viewed the road and I have enclosed two photos. Options on the road are as follows: I . Leave as is — road is in such bad shape this is undesirable. 2. Patch bad areas and overlay entire length with 2" overlay. Overlay should last 5 to 10 years. We would also recommend minor grading of the south side of the service road from the west property line of Tom Thumb west to the culvert under the service road. We estimate the costs to be $27,500. 3. Complete reconstruction of the service road. This option would last approximately 20 years. With reconstruction of the road, we would recommend installation of water, sewer and storm sewer as outlined in the Feasibility Study we updated last year. We have estimated the total project cost of reconstruction at approximately $260,000. If you have any questions or need additional information, you may contact me at 763-427-5860. Civil 6- Municipal GAMunicipaMOTSEG0\90 1\2002\ot90 I mrl.doc Engineeriv Land Surveyi . ngfior 25 ITEM 7.3 Service Road Overlay Cost Estimate 475 Tons of Asphalt @ $30/Ton $14,250 60 Tons of Patching @ $50/Ton $ 3,000 200 Gallons of Tack @ $1.50/Gal $ 300 Grading and Mobilization $ 5,000 Milling Asphalt 275 LF @ S2/LF $ 550 Subtotal $23,100 Contingency, Engineering & Admin. $ 4,400 Project Cost Estimate $27,50U Hakanson G:\Municipaf\AOTSEGO\901\2002\ot9O I mri Am Anderson Assoc., Inc. MEMORANDUM TO: Mike Robertson, Otsego City Administrator FROM: John A. Harwood, PE (original) DATE: August 16, 1999 (original) RE: Engineering Report and Feasibility Study Extension of Lateral Sewer and Water Mississippi Shores 6t' & 7t' Additions Commercial Area, Northwest Quadrant CSAH 42 & 39 Revision Date: 4/12/01 By Ronald J. Wagner, P.E. The trunk sewer and water project will construct a 16 -inch watermain and a 12 -inch sanitary sewer to the northwest quadrant of the intersection. This review examines and evaluates extending the sewer and water to service the commercial zoned properties at that corner. The attached detailed quantity and cost estimate shows the following: Sanitary Sewer, East & South Frontage Road $44,090 Water Main, East & South Frontage Road $33,125 Site Work, Removals and Restoration $180,245 Total Estimated Project Cost The quantity and cost data is based on extension of services to the property line. The data assumes removal of the existing service road and restoration to city standards with concrete curb & gutter. The cost data assumes that there will be no responsibilities within the study area for current or future utility cost in Park Avenue north of the improvement area. This would be true if no sewer and water service were provided from Park Avenue to properties in this study area. It should be noted, however, that some properties will be responsible for future street improvements on Park Avenue. All properties will be separately responsible for on-site utilities including the piping and site restoration work associated with the private sewer and water work. Also, each property will be responsible for connection charges based on the number of equivalent connections determined by property use. Related to allocation of cost, the intent will be equity, with a formula selected to fairly assess the costs. Several options are available including an allocation based on front footage, an allocation by area or a division of cost on a unit basis. For discussion purposes, an assessment based on the average of all three methods is shown. \\Ha01\Shared Docs\Municipal\AOTSEGO\922\MOVED TO OT61.4\ot922mr3.doc Mike Robertson Page 2 August 16, 1999 Our recommendation is that the city call a public hearing as authorized by Minnesota Statutes Chapter 429, to consider the making of a public improvement that has special benefit to property. The hearing would be for sewer, water and street improvements to the commercial district that comprises the Mississippi Shores 6 th & 7 th Addition. The recommended project is shown on attached sketch sheets. The project as configured provides sewer and water service to the entire commercial district and constructs sewer and water facilities that conform to the city overall utility planning. The project is feasible as proposed and can be constructed as a single project. I hereby certify that this Plan, Specification or Report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under State of Minnesota Statutes 326.02 to 326.16. John A. Harwood, PE Ronald J. Wagner, PE 11047 August 17, 1999 Reg. No. Date 26052 April 12, 2001 Reg. No. Revision D ite Attachment: Cost Estimates, Sanitary Sewer, Watermain & Street Exhibit I - Location Map Exhibit 11 - Excerpt from City Comprehensive Sewer Plan Exhibit III - Sketch Map, Parcel Area and Frontage Exhibit IV - Sketch Map of Proposed Sewer & Water Facilities Exhibit V – Sketch Map, Summary of Utilities \\Ha01\Shared Docs\Municipal\AOTSEGO\922\MOVED TO OT614\ot922mr3.doc Frontage Area Unit Average Based on Parcel Frontage Area Basis Basis Basis Percentage Average A 382.85 43,560 30.9% 14.0% 20% 21.6% $55,610 B 223.82 82,818 18.0% 26.5% 20% 21.5% $55,350- C 208.65 31,385 16.8% 10.0% 120% 15.6% $40,165 D 208.65 74,945 16.8% 24.0% 20% 20.3% $52,265 E 216.26 79,612 17.5% 25.5% 25-0—/, 21.0% $54, 5 1 1 1240.23 1312,320 TOTAL COST: $257,455 Our recommendation is that the city call a public hearing as authorized by Minnesota Statutes Chapter 429, to consider the making of a public improvement that has special benefit to property. The hearing would be for sewer, water and street improvements to the commercial district that comprises the Mississippi Shores 6 th & 7 th Addition. The recommended project is shown on attached sketch sheets. The project as configured provides sewer and water service to the entire commercial district and constructs sewer and water facilities that conform to the city overall utility planning. The project is feasible as proposed and can be constructed as a single project. I hereby certify that this Plan, Specification or Report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under State of Minnesota Statutes 326.02 to 326.16. John A. Harwood, PE Ronald J. Wagner, PE 11047 August 17, 1999 Reg. No. Date 26052 April 12, 2001 Reg. No. Revision D ite Attachment: Cost Estimates, Sanitary Sewer, Watermain & Street Exhibit I - Location Map Exhibit 11 - Excerpt from City Comprehensive Sewer Plan Exhibit III - Sketch Map, Parcel Area and Frontage Exhibit IV - Sketch Map of Proposed Sewer & Water Facilities Exhibit V – Sketch Map, Summary of Utilities \\Ha01\Shared Docs\Municipal\AOTSEGO\922\MOVED TO OT614\ot922mr3.doc SEWER AND WATER UTILITIES Mississippi Shores 6 1h and 7 1h 1. Sanitary Sewer Date: 4112101 Ronald J. Wagner, PE Cost Update 900 LF 8 -inch PVC to 10 ft depth @ $18.00/LF $16,200 400 LF 8 -inch PVC to 20 ft. depth @ $28.00/LF $11,200 5 EA Standard Manholes @ $1,800.00 $9,000 20 LF Extra Manhole Depth @ $120.00 $2,400 5 EA Service Wyes @ $80.00 $400 150 LF 4 -inch Service Pipe @ $10.00 $1,500 Subtotal Construction: $40,300 30% Contingency & Indirect: $12,090 Total Estimated Project Cost: $52,390 - Less Trunk Cost - Extra Depth: $8,300 Total Estimated Lateral Cost: $44,090 2. Watermain 1260 LF 8 -inch DIP Watermain @ $14.00 $17,640 3 EA Hydrants, 6 valve & Lead @ $1,500 $4,500 2 EA 8 -inch Gate Valves @_ $900.00 $1,800 5 EA 1 -inch Service Stops @ $40.00 $240 5 EA Curb Box for 1 -inch Service @ $80.00 $400 150 LF 1 -inch Copper Service Line @_ $6.00 $900 Subtotal Construction: $25,480 30% Contingency & Indirect: $7,645 $33,125 3. Site Work, Removals & Restoration Remove Existing Bituminous 1300 FT X 24 Ft = 3500 SY @ $1.50 $5,250 Remove Bituminous at Driveways & Parking Areas, 1 Lump Sum $1,200 Aggregate Base Class 5 1400 X 40 X 6" = 2200 TON @ $8.00 $17,600 Concrete Curb & Gutter 2700 LF @ $9.00 $24,300 Driveway Entrances 6 EA @ 28 ft. x 30 = 600 SY @ $12.00 $7,200 Bituminous Frontage Road 1300 X 32 @ 3 1/2" = 1050 TON @ $30.00 $31,500 Topsoil and Fill 2800 FT x 20 FT x 6'= 1100 CY @ $10.00 $11,000 Sod Restoration 2800 FT x 20 FT = 6000 SY @ $2.50 $15,000 Boulevard Plantings, 20 TREES @ $200.00 $4,000 Catch Basins, 6 EA @ $1000.00 $6,000 Manholes, 3 EA @ $1200 $3,600 Storm Pipe, 12" to 18", 400 LF @ $30.00 $12,000 Subtotal Construction: $138,650 30% Contingency and Indirect: $41,595 $180,245 Total Estimated Project Cost, Street and Utilities: $257,460 \\HaQl\Shared Docs\Municipal\AOTSEGO\922\MOVED TO OT614\ot922mr3.doc 46 XW,. X 8eg �17 '-65 5 872 .6 > ........... tA .,�,HORES 7 88 ADDiTION R. 1 870 '8 7 0 8�7 6 860 8 9.8 8611.5 d7' 8716 CL 8 J.1 �\872,-r 867 Al 857 /* 0 J 8 aa. 9, 00, B-62 8,7g" 68 8 6.8 ;858.1 8 2 854.5 8 7 5 -�9,/,S 8 515 9r 865 71 r CIA, -4 L4 A 878.8 Tt- 4.5, 18 618: 6 �l �86 8 5:9 8 Ll 707 < Jj 1:- --5 SHORES 3r 8 7 Z .86 D i 01 r1l 7 a/ .3 8 7 3.\';�- L �77 6-/ 866 86 (D a.�- 5. 3 848.5 LLJ .1 8�68.7 k 1 867.9 !846 4.41 7 .-8 7 7,.8,..- 18642 e LL -1 D 171 862;;.l f d 0 16. 9, 44 862 862. F C-) �.-38 CTO 844.13, 1 BAR F HFL 71 872 -8.7 8 2.1 "i 867 8 8 '3.91 r MISS/S Otsego SIPPI SHOJ?Lc-s Township W."ight TH ADDITION County Minnesota 81.1 MISSISSIPPI SHORES 6r- ADDITION Otsego Township Wr-ight County Minnesota t8 b Z-) !f 4 MAY 0cff W F; Ir (A - --------- 1 0/v,�- 6 cost 1,14 0 SCIA Sk 46)f///Jg.,r , .zz- 43 is- 2p INSTALL WA STRUCI CH o6 C� V------ Cz ra C-23 C-20 ----------- C "DIP IS.. ". . 4 a INSTALL I@' 10CLf-We STEIX 43- IPIPE -24'0 WA TMWAIN C ov-------------- ------ ------ L6 I LZ COD V CIS ec"rr,7 kk '13N III: 60 09 Z C4 3 -or.jz. o lilt . . ............ . N 39 j IF, Oct gz,/* 09 NIL TZ tk kL L—wo 00 'OOZ ".6c 4xxvi a, r -4-- ZIA 4 S., P4 ol o,f go �1'1 li � VV �1'1 li � 14 10 Al Hakanson Anderson Assoc., Inc. MEMORANDUM ITEM 7.31 3601 Thurston Avenue, Suite 101, Anoka, AAN 55303 Phone:763/427-5860 Fax:763/427-0520 To: Mike Robertson, Administrator From: Ronald J. Wagner, P.E. I cc: Judy Hudson, Clerk Dave Chase Date: April 3 ), 2002 Re: Finn Road or Jalger Avenue from 85th Street to 77h Street Dave Chase and I reviewed Jalger Avenue due to its poor condition in some stretches. This section of Jalger Avenue was an experimental project conducted in 1995 using new techniques developed by the Finnish. That is why this road has become known as the "Finn Road". The road has a permeable type asphalt, which is suppose to remain flexible. 'Over the years, it appears in some stretches (0.4 miles), some of the material has become more brittle then others and has started to ravel and potholes are developing. These stretches are probably due to a number of problems. I . Improper mixture of original material 2. Poor sub -rade beneath pavement Weath er has stripped away much of the asphalt content leaving little asphalt to bind material resulting in raveling and eventually asphalt bre " C� akdown. We estimated the cost of overlaying the bad stretches with a 2" overlay at $-32,500. We recommend the City continue patching type maintenance for now as it is a relatively lightly traveled road ana if the west sanita'r-'y sewer plant is established development would require a complete reconstruction of this street in the future. Civil &Municipal GArv1unicipafVk0TSEG0\90 1\2002\ot9O I mr1doc Engineering 25 Land Surveyingfor - Hakanson Anderson Assoc., Inc. April 5, 2002 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Phone: 763/427-5860 Fax: 763/427-0520 Mr. Mike Robertson, City Administrator City of Otsego 8899 Nashua Avenue NE Otsego, NIN 55330 Re: Otsego's Waterfront Project Dynamic Design and Land Company Dear Mike: As discussed, we would be pleased to assist the City of Otsego and the Developer, Dynamic Design and Land Company, in expediting the Otsego's Waterfront Project. We would be willing to give top priority to this project and to move this project forward at as rapid of a pace as possible. If the City decides to take over the project and authorizes us to proceed at its Council meeting of April 8, 2002, and the Developer is willing to provide us with an electronic file of the Preliminary Plat and Fin'al Grading Plan by April 10, 2002, we would anticipate the following schedule: Task Prepare plat and plans and specifications to submit to reviewing agencies for permits Submit to City Council to set the bid date Receive bids Award bids Begin construction Completion Date April 29, 2002 April 29, 2002 May 24, 2002 May 28, 2002 June 10, 2002 Should the City elect to help finance the project by bonding and assessing the costs to the Developer, we could incorporate the assessment procedures of State Statutes 429 into the schedule with no additional delays. Based on the above schedule, we would anticipate a time saving of at least one month proceeding as a City project versus a private project. Civil &Municipal w G:\MunicipaMOTSEGO2000\2229\ot2229iilr. Engineering 2 VInd Survey in-gfor We wish to express our appreciation to you for this opportunity to offer our services to the City of Otsego and look forward to working with you on this project. If you have any questions regarding this letter or need any additional information, please let me know. Sincerely, Hakanson Anderson Associates, Inc. fd I �Wpg t., ion2a W er, P. 41A� RJW:dlc cc: Judy Hudson, Clerk G:\Municipal\AOTSEGO2000\2229\ot2229mr.doc Hakanson Anderson Assoc., Inc. 04-0t>-2002 03:24PM FROM Couri & MacArthur TO 4418823 P.02 AFWJWI C. couli. COURI & MACARTHUR Ajtdmw J. MaeAnhur Airorneys tu Law Robeit T. Jtum� 705 Central A vemm East DaW X Wendorf PO B= 369 Michael, MN55376-0369 (763) 497-1930 -Alm kewed bg C ) 497-Z599 OUX) (763 courian&naciwhurrrh1nhax cam April 5� 2002 City Council Meiiibers City of Otsego :9899 Nashua Ave= NE. J Elk Rivcr,'MN 5.5330 RK: Dale and A B :'dry CUP pne ea U Deak Council Members: -At: the Council's-',re'quest I ihave reviewed deeds provided by Mr.,'. Beaudry relitive to his '�arcels. This material was property and surrouxiding, faxed ovef shortly., befc�e the last regular City Cou�c� mc;6& and some of it was unreadable b� fax. The deeds: ea.6 provide their respective owners with rights of itgress and easement..: 'across the �describtd. easement. The parcel that is burdened the ingress �nd egress rights. it actually'�owned b� Lloyd Beaudry. Therefore, Lloyd Ppaudry and all! the -sign off oni o4jacent parcelshave an erest in the easement parcel, and W: 9: uld all have 1to, dedi'cation'to the'cjt�. Mr- Beaudry brings up ious: issues in a short memo, which he submitted t6� the City I with. the deeds. Any4llegid grandfather rights from the County allowing him'to buikon� the property arc just conj6pture, and became irrelevant when auihority for plannin and 9 ..Zoning was passed:to the City following Incorporation. ,Mr. Beaudry icated th.At he made inquiries regardin building on the p 'el. Buildin 9 are, ng requirements are, i�holly different than zoning and conditional' use permit requirements. The purported "waiver of easement:rights" from the Martins has no legal affee't. The, �ai includ�d in th recorded deed and could onl be extingti : ed by quit - easement rights e e 'Y sb claimin i I g them t Jhe owner Lloyd Beaudry. J ,e The interest of.th City is 0 insure that property approved for building has mtreet access,� partially to m'sur:e: Proper Access to 6mergencyVeliicles. At pres�nt there exists,: only a. 04-05-2002 03:25PM FROM Couri & MacArthur TO 441ee23 P.03 Letter to Otsego: City Council April 5, 2002 Page 2 right of ingress and egress over the property. There is no agreeinent on ance of mainten the casement Regardless of the. 1 -int of the easement Mr. Beaudr' how proposes to start I . y 0":— ordinance requires ffiat all lots'h development of the arm a!ve direct access to an abutting jWov6d Cit� The parcel in question only h ; as access across a driveway' casement Itis MY opinion that a req�ircmcnt of a roadway dedication is� i reasonable 'Condition of, approval, since it.servc� 6 pailially mitigate one of the vely rt'�so ; ns for the'conditional use permit. In light of c� on�mplatcd changes in the C Plan in �e area it is omprehcn�ive crucial the casements be bbuiined across any parcel that may b�econie a strelet'k the future. If the City does not ac the casements at the time of approVal of a requelt, it may be, quire later required to h pure ase;he'samc casement from those that Will most benefit from proposed develop'ment� Dedication of the right of way to the City does ot r�quire n I . . construction of the road at this time, and the access can bd �scd as it is ' . I �resently. untiL and if, development' the area justifies road constructi on, I Will be a��abk, t any questions you may have regarling this rnaUer at the: Council meeting:on mo, n—day Ve Fuly W Yollrsx- Wale ana AJMC be audry