02-26-96 CCCITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
DEPARTMENT MEETING DATE
4. Special Presentations
2-26-96
ITEM NUMBER:
ITEM DESCRIPTION: PREPARED BY:
4.1
Special Presentation Judy Hudson DC
BACKGROUND
4.1.
The Elk River - Rogers VFW has, for years, donated American Flags for City Hall Use.
Earl Greer, VFW, is attending the City Council Meeting to ask for permission to fly
a POW Flag for the MIAs. Mr. Greer said they must receive permission from the
Council.
Our Flag Pole does accommodate flying two (2) flags.
STAFF RECOMMENDATION
City Council decision.
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
DEPARTMENT MEETING DATE
6. Consent Agenda
2-26-96
ITEM NUMBER:
ITEM DESCRIPTION: PREPARED BY:
6.1
Clean Up Day Judy Hudson DC
BACKGROUND
6.1.
Yes, it is that time of year again, CLEAN UP DAY!
The first Saturday in May has worked out very well for staff and the residents.
This year the first Saturday in May falls on the 4th.
I am starting to line up vendors and need your endorsement.
For your information, we received a check from Wright County for $2,474.00, a
Clean Up Day Grant. Reimbursement was based on recyclable tonnage collected from our
1995 Clean Up Day.
I will be gathering information regarding pricing etc.
STAFF RECOMMENDATION
Approve the May 4, 1996 Clean Up Day Date.
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION ORIGINATING DEPT.
MEETING DATE
CONSENT AGENDA FINANCE
FEBRUARY 26,1996
ITEM NO: ITEM DESCRIPTION
PREPARED BY
6.2 CONSIDER RESOLUTION ADOPTING THE 1996
PARK DEVELOPMENT FUND BUDGET
/
P.Cokley C((�
The City Council did not approve a resolution adopting a 1996 Park Development Fund budget at their
December 27, 1995 meeting because decisions regarding the scope of the 1996 ISTEA project had not
been finalized. The City Council has agreed to a scaled down project eliminating land purchases, in
addition to delaying the construction of the project until 1997.
The attached resolution presents a 1996 Park Development Fund budget incorporating the projected
engineering costs for the balance of the Otsego Prairie Park project and the engineering costs estimated
for the design work of the trails, which is the 1996 ISTEA Grant project. The grant funds will then be
reimbursed to the City in 1997 when construction is estimated to be completed. The balance of the work
necessary to complete the Otsego Prairie Park project is included in the proposed 1996 budget. The
proposed budget as presented will require the use of the estimated December 31, 1995 Park Development
Fund balance of $4,600. It was the consensus of the City Council to borrow funds from the City's MSA
Fund for the balance of the City's share of the 1996 ISTEA project in 1997. During the 1997 budget
process, the Fund will be analyzed and a resolution authorizing a loan will be addressed at that time.
It is recommended that the City Council approve the attached resolution adopting the 1996 Park
Development Fund Budget. This budget will provide a guide for park development in 1996.
Councilmember introduced the following resolution and moved its adoption:
RESOLUTION NO. 96 -
RESOLUTION ADOPTING THE 1996 PARK DEVELOPMENT FUND BUDGET
NOW, THEREFORE, BE IT RESOLVED by the Otsego City Council that the
appropriations budgeted for the Park Development Fund for the calendar year 1996 shall
be:
Engineering
$ 32,000
Capital Improvements:
16,650
Install Bit Walkway
$7,000
Timbers Play Walk Area
150
Backstop
4,400
Sign
100
Trailer
1,500
Ag Lime
3,500
Total Expenditures $ 48,650
BE IT FURTHER RESOLVED by the Otsego City Council that the source of
financing the sums appropriated shall be:
Property Taxes $ 15,000
Donations 200
Park Dedication Fees 21,700
Grants (DNR) 5,892
Total Revenues $ 42,792
The motion for the adoption of the foregoing resolution was duly seconded by
Councilmember and upon vote being taken thereon, the following voted in favor
thereof: and the following voted against the same: ,
whereupon said resolution was passed this 26th day of February 1996.
Norman F. Freske, Mayor
ATTEST:
Elaine Beatty, City Clerk/Zoning Admin.
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION ORIGINATING DEPT.
MEETING DATE
CONSENT AGENDA FINANCE
FEBRUARY 26,1996
ITEM NO: ITEM DESCRIPTION
PREPARED BY
6.3 CONSIDER APPROVAL OF AGREEMENT TO
PROVIDE LEGAL SERVICES CONTRACT
P.Cokley
The City Council at their January 22, 1996 City Council meeting discussed a proposed agreement to
provide legal services contract between the City, Andrew MacArthur and the law firm of Radzwill and
Couri. It was the consensus of the City Council to delete the section regarding "expenses" and forward it
to Andy MacArthur for his comments and concerns.
Andy MacArthur responded with three comments as discussed in the attached letter from his office.
Councilmember Ron Black and I discussed his comments and felt they could be incorporated into the
proposed agreement. Therefore, I changed the proposed contract to include $115.00 per hour for time
spent performing legal work for the City which is billed to and paid for by a third party and included
language in Section III, Fees, subsection A, regarding notification of hour limits during a month.
The attached new proposed agreement has been sent to Andy MacArthur along with a cover letter
indicating that the current policy regarding his attendance at City Council meetings will remain the same.
That is, legal issues will be scheduled on the agenda as in the past, and the flexibility of attendance for the
entire meeting in the event that there are no legal issues presented will continue.
It is the recommendation of the subcommittee; Councilmember Black and myself, that the City Council
approve the attached Agreement To Provide Legal Services between the City, Andrew MacArthur and
the law firm of Radzwill and Couri. The agreement is a one year agreement effective January 1, 1996,
therefore it is also recommended that the January billing be adjusted to reflect the billing rates as specified
in the agreement.
William S. Radzwill
Andrew J. MacArthur
Michael C. Court
February 7, 1996
RADMILL & COURI
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
City Council Members
City of Otsego
c/o Phyliss Cokley
Business/Finance Director
8899 Nashua Avenue NE
Elk River, MN 55330
RE: Legal Services
Dear Council Members:
IF@ OUR
FEB - 81996
I
C
I have reviewed the proposed legal services contract, and have
discussed it with the firm. Overall, it appears acceptable, but I
do have the following comments that I would ask that the Council
consider:
1. That consideration be given to allowing an increase to $115.00
per hour for matters that are charged through on developments in
order to help this office maintain the same level of revenue. I
would note that our billing rates have not changed in the last five
years. This would not effect the amount paid out by the City, and
would be consistent with Cities such as Elk River and St. Michael
where the City Attorney's time is billed at a slightly higher rate
to developers.
2. That there is some understanding on how notification and
compromise under Section. III, A should be implemented.
3. That due to the flat fee agreed to in Section III, A for
meetings that there be verbal assurances that meeting attendance
will be flexible as far as staying for the entire meeting in the
event that there are no legal issues presented. I am comfortable
with the present practice.
Letter to Otsego City Council
February 7, 1996
Page 2
Otherwise, the proposed Agreement is acceptable.
Very truly yours,
71
,c�--
rew J acAr hur
RADMILL i COURI
AGREEMENT TO PROVIDE LEGAL SERVICES
The purpose of this agreement is to document the terms and conditions of legal
services between Andrew J. MacArthur, and the law firm of Radzwill & Couri, Attorneys
at Law (hereinafter referred to as the "attorney") and the City of Otsego, Minnesota
(hereinafter referred to as the "city"). The attorney will perform the following legal
services as requested on a time schedule appropriate to the requirements of the City:
General Legal Representation
1. Attend Staff meetings, other City committee meetings, Commission
meetings and special Council meetings;
2. Draft ordinances, resolutions and correspondence as requested;
3. Meet with and advise the City Council, City Clerk, and other designated
individuals on legal matters;
4. Review or draft, as requested, municipal contracts and joint power
agreements;
5. Research and submit legal opinions on municipal or other legal matters;
6. Review bond and insurance requirements for City contracts or activities;
7. Prepare reports on the status of City litigations or as requested by the City;
8. Review documents submitted by bond counsel involving the issuance of
debt or debt -related instruments and provide opinions as required;
9. Represent the City in the acquisition or sale of properties, property/
easements for public improvements, parks and the like;
10. Provide periodic written updates on new State or Federal legislation or
judicial holdings impacting upon the City and suggest action or changes
in the operations or procedures to assure compliance;
11. Review, monitor and follow-up on the status of claims that are being
handled by the City's insurance carrier or assist in the initial filing of
claims against others who have damaged City property. In the event
the actual collection of claims from other involve litigation or defense
of the City which is not handled by the insurance carrier, then it would
be covered under the terms of litigation fees and rates.
13. Other representation from time to time as requested by the City.
II Litigation and Other Legal Matters
A. Litigation or administrative hearing services.
B. Eminent domain proceedings.
C. Special assessment appeals.
D. Representation of the Economic Development Authority, either
general representation or services for developers regarding
development contracts or financial agreements.
E. Development work, which can be billed to the landowner
or developer.
14. Additional Services. The City agrees to use the attorney for all legal
service related to development contracts (except the work that requires
the use of bond counsel); special assessment projects in which the attorney
will prepare or review project procedures, and eminent domain projects.
III. Fees
The attorney will perform the service listed above under general legal representation and
litigation matters as follows:
A. A fixed fee of $200.00 per regular City Council meeting including
preparation work. If it appears that the time devoted to client matters as
defined under general legal representation above will exceed twenty
hours per month, the City and the attorney mutually agree to notify the
other that limits are being approached, the parties shall then review
the work load and negotiate a resolution acceptable to both parties. The
time spent for general legal representation work at the following hourly
rates:
Principal attorney
Paralegals, Data Research
$ 85.00/hour
$ 48.00/hour
B. Time devoted to matters listed under Litigation and Other Legal Matters
for the City will be performed at the following hourly rates:
Principal attorney
Paralegals, Data Research
$100.00/hour
$ 48.00/hour
C. Time spent performing legal work for the City which is billed to and
paid for by a third party (such as an insurer or developer) also
time spent performing legal work in regard to public improvement
projects will be performed at the following hourly rates:
Principal attorney $115.00/hour
Paralegals, Data Research $ 48.00/hour
IV Billing
Fees for services provided under the hourly rates described above and for covered
expenses shall be due and payable within thirty (30) days following receipt of the monthly
billings. The monthly billings will itemize time expended in one tenth (1/10) of an hour
increments for services rendered and define the reimbursable expenses incurred.
V. Duration
This contract shall become effective January 1, 1996 and shall continue for a period of one
(1) calendar year following that date. If the attorney determines that it is necessary to
expend more than twenty (20) hours per month in order to provide quality legal services
for those items listed under General Legal Representation, he shall advise the City. The
City and the attorney shall then review the work load and negotiate a resolution acceptable
to both parties.
VI. Conflict of Interest
In the event of any conflict of interest as set forth in the Rules of Lawyers Professional
Responsibility regarding representation of the City, the attorney shall notify the City at the
earliest possible time after the firm becomes aware of the conflict, or potential conflict, of
the same.
VII. General Matters
The attorney shall not assign any interest in this contract and shall not transfer any interest
in the same without the prior written consent of the City.
The firm certifies that it will comply with all affirmative action/equal employment
opportunity requirements of the City and shall not discriminate under the contract against
any person in accordance with Federal, State and local regulations.
ACCEPTANCE
The above agreement is hereby accepted by the City of Otsego this day of
February, 1996.
By:
Norman F. Freske, Mayor
Attest:
Elaine Beatty, City Clerk
The above agreement is hereby accepted by the law firm of Radzwill & Couri this
day of February, 1996.
Radzwill & Couri, Attorneys at Law
By:
Partner
Andrew J. MacArthur
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION ORIGINATING DEPT.
MEETING DATE
CONSENT AGENDA FINANCE
FEBRUARY 26,1996
ITEM NO: ITEM DESCRIPTION
PREPARED BY
6.4 CONSIDER ESTABLISHING MARCH 4,1996
7:00 P.M. AS A JOINT WORKSESSION
WITH THE EDAAC AND A FINANCIAL
CONSULTANT
P.Cokle
At the January 25, 1996 Economic Development Authority worksession, it was the consensus of the
EDA that the Advisory Commission of the EDA become involved in the research of possible funding
sources for the potential wastewater treatment facility to be located in the southeastern portion of the
city.
This issue was discussed at the February 5, 1996 EDAAC meeting. It was the consensus of the
Commission to support the Economic Development Coordinator's recommendation that a financial
advisor be brought in to discuss possible funding sources for the potential wastewater treatment facility in
the southeast area. In addition, the financial advisor will be able to review financing options for other
improvement projects planned within the city in the near future. The financial advisors requested to meet
with commission members and the City Council are Paul Donna and Ron Langness of Springsted.
Springsted has a long history and a wealth of experience working with old and new cities in financial
structuring and debt management of public utilities and infrastructure improvements. The earliest date
that was mutually acceptable to Springsted representatives and a majority of the commission members in
addition to City Council members was March 4, 1996.
Therefore, it is recommended that the City Council establish March 4, 1996 as a joint worksession with
the EDAAC to review possible funding sources and financing options for the potential wastewater
treatment facility in the southeast portion of the city in conjunction with financing options for other
proposed city improvement projects.
CITY OF OTSEGO
RFOT JEST FOR COtJNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE
7.BOB KIRMIS - ASST CITY PLANNER Feb. 26,1996-6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY:
Elaine Beatty,CC/ZA
PID #118-500-312400 in S31, T121,R23 rights transferred to PID #118-
500-312401 (10 Acre piece of property to be split to 2-5Acre pieces.
7.1. Consider Floyd and Bev Roden's Request as follows:
A. Transfer of property rights on a one per forty split
B. Allow a residential lot size larger than 2-1/2 Acres
Background:
The above request came before the P.C. for Hearing on 2/7/96 at 8PM. After reviewing NAC's Report
of January 15, 1996 with Bob Kirmis, and a brief statement from the Applicant regarding the fact that
the present 10 Acre lot has a low area on the South end of the property and is not being farmed
presently, the vete was as follows-.
Item A. Ing Roskaft motioned to approve the Conditional Use Permit to allow a one per forty
density transfer within an A -I Zoning District and to allow the creation of a residential lot size larger
than 2.5 acres in an A-1 Zoning District. Seconded by Arleen Nagel, All in favor. Motion carried.
STAFF RECOMMENDATION:
Staff agrees with the P.C. Motion on this request as noted above to approve.
Attached to this RCA is a Findings of Fact. The Council has previously rcccived NAC's Rcport of
January 15, 1996.
Northwest Associates! Consultants, Inc.
C O M M U N I T Y PLANNING • DESIGN MARKET R E S E A R C H
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO:
Elaine Beatty
Bob Kirmis
13 February 1996
Otsego - Roden CUP - 1 Per 40 Density Transfer
176.02 - 96.02
Attached please find a Findings of Fact applicable to the Roden CUP request.
Please note that the findings are reflective of the Planning Commission's
recommendations on this matter.
Prior to reproduction, property legal descriptions will need to be attached.
Please distribute copies of the findings to the City Council for their consideration on 26
February 1996. We have mailed copies to Andy, Larry and the applicant.
If you have any questions, please do not hesitate to call.
pc: Andy MacArthur
Larry Koshak
Floyd Roden
5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
IN RE:
Conditional Use
Permit Approval
FINDINGS OF FACT
AND DECISION
Application of Mr. Floyd Roden for a conditional use permit to allow for "one per forty"
transfer of development rights within an A-1, Agricultural Rural Service Zoning District; and
the creation of a lot greater than 2'/2 acres in size in an A-1 Zoning District.
On 26 February 1996, the Otsego City Council met at its regularly scheduled meeting to
consider the application of Mr. Floyd Roden for a conditional use permit to allow the
aforementioned.
Based upon the application, the recommendation of the Planning Commission and the
evidence received, the City Council now makes the following findings of fact and decision.
FINDINGS OF FACT
1. The applicant is requesting a conditional use permit to allow:
a. "One per forty" transfer of development rights within an A-1, Agricultural
Rural Service Zoning District.
b. The creation of a residential lot size larger than 2'/2 acres in an A-1 Zoning
District.
2. The legal description of the source of the density transfer is as follows:
See Attached Exhibit A
3. The legal description of the property to which the development right is being
transferred is as follows:
See Attached Exhibit B
4. Section 20-4-21 of the Zoning Ordinance directs the Planning Commission and
City Council to consider seven possible adverse effects of the requested rezoning.
The seven effects and the findings regarding them are:
a. The proposed action's consistency with the' specific policies and
provisions of the official City Comprehensive Plan.
The resulting "one per forty" density which shall result from the proposed
density transfer is consistent with the provisions of the City's Comprehensive
Plan. Lot size acceptable, as loss of prime land will not result.
b. The proposed use's compatibility with present and future land uses of
the area.
Land uses in this area primarily consist of agricultural activities on large
parcels of land, usually containing single family homes. The proposal to
construct a single family home on a five acre lot is compatible with the
surrounding land uses.
C. The proposed use's conformity with all performance standards
contained herein (i.e., parking, loading, noise, etc.).
As a condition of pending subdivision approval, all applicable performance
standards shall be upheld.
d. The proposed use's effect upon the area in which it is proposed.
The proposal is not anticipated to adversely affect the neighborhood. The
proposed use and density is compatible with the surrounding area.
e. The proposed use's impact upon property values of the area in which
it is proposed.
While a detailed analysis has not been conducted, similar situations have
demonstrated no negative impact upon area property values. In fact, the
construction of a new home may increase area property values.
2
f. Traffic generation by the proposed use in relation to capabilities of
streets serving the property.
Traffic generated by the proposed use is within the capabilities of 67th Street
which is to serve the property.
g. The proposed use's impact upon existing public services and facilities
including parks, streets, and utilities, and its potential to overburden
the City's service capacity.
The proposed density transfer will not increase the overall allowed density
in the area. Therefore, the proposal shall not negatively impact existing
public services and facilities.
5. The planning report dated 15 January 1996, prepared by Northwest Associated
Consultants, Inc., is incorporated herein.
6. On 7 February, the Otsego Planning Commission conducted a public hearing to
consider the proposed conditional use permit preceded by published and mailed
notice. Upon review of the conditional use permit application and evidence
received, the Otsego Planning Commission closed the public hearing and
recommended that the City Council approve the conditional use permit based on
the aforementioned findings.
DECISION
Based on the foregoing considerations and applicable ordinances, the applicant's request
for a conditional use permit to allow a "one per forty" transfer of development rights and
the creation of a residential lot size larger than 2 '/2 acres in an A-1 Zoning District is
approved in its present form and subject to the following stipulations:
1. The properties involved in the development rights transfer are under the same
ownership.
2. The applicant pursue subdivision of the property in a manner substantially similar
to that illustrated upon Exhibit D of the NAC report dated 15 January 1996. Such
subdivision (administrative) shall be subject to approval by the Zoning
Administrator.
3. A deed restriction is placed upon the parcel from which the development rights have
been transferred to prohibit additional development.
3
4. Findings are made that the subject site is capable of accommodating a private well
and septic system.
5. The City Engineer provide comment/recommendation in regard to drainage and
utility easement establishment.
6. The City Engineer provide comment/recommendation in regard to site access.
7. The proposed subdivision is subject to park dedication requirements as determined
by the Park and Recreation Committee.
ADOPTED by the Otsego City Council this day of February 1996.
CITY OF OTSEGO
Norman F. Freske, Mayor
ATTEST:
Elaine Beatty, City Clerk/Zoning Administrator
112
TO BE ADDED
(SOURCE OF DENSITY TRANSFER)
EXHIBIT A
TO BE ADDED
(DEVELOPMENT RIGHT RECIPIENT)
EXHIBIT B
ro
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION:
DEPARTMENT:
MEETING DATE
7. BOB KIRMIS A�ST.CITY
PLANNER
FEB. 26, 1996,6:30PM
ITEM NUMBER:
ITEM DESCRIPTION:
PREPARED BY:
7.2. Cons. Wayne German-Is.View Est. 2ND ADD.
Elaine Beatty,CC/ZA
A. Preliminary and
Final Plat for Is View
Est.2ND ADD.
Background:
This long skinny Island View Lot that was zoned A -I came to the P.C. for Rezoning and two variances
last year. Andy MacArthur then worked with them to determine how the lots could be deed restricted so
they could not be sold separately. The preliminary and final plat is now coming through for
consideration of approval. There is also a new twist, as of February 21 st, we received a copy of a letter
from John Gries, Atty. who is working in behalf of client Walter Berning and Sons, Inc. and proposed
Plat of is. View Est. 2ND ADD. His client claims they have used the W. 150' of Lot 1, Block 1, Is View
Est. 2ND Add. as their own property continuously for in excess of 15 years and thus are of the position
that they have acquired it through adverse possession. Attached is this letter. Also see attached Andy
MacArthur's letter regarding this issue.
Three residents spoke at the hearing. Two of them are purchasing land being made available by this plat
and the third was Mr. Berning who claimed he could lay a quick claim deed on the W 150' of Lot 1,
Block 1, Is View Estates. He felt this purchase was behind his back and no one came to talk to him
about it.
P.C. MOTION:
Richard Nichols motioned to approve the Preliminary and Final Plat for Island View Estates Second
Addition subject to the conditions recommended by Staff. Seconded by Aileen Nagel. Voting for the
motion was: Jim Kolles, Arleen Nagel, Richard Nichols, Bruce Rask, Ing Roskaft and Carl Swenson,
Abstained: Eugene Goenner for the reason that Paul Berning is a relative and did not realize he had a
problem with this until this meeting.
STAFF RECOMMENDATION:
Approval of Is View Estates Second Addition Preliminary and Final Plat subject to two conditions:
1. Developer enters into a Developers Agreement with the City
2. Newly created lots remain in tact with the lot owners (not to be sold separately).
3. Comply with Andy MacArthur's recommendation on the adverse possession letter.
n R. Gries
vavid J. Lenhardt
Gregory). Van Heest
DRIES & LENHARDT, P.L.L.P.
ATTORNEYS AND COUNSELORS AT LAW
February 13, 1996
Mr. Wayne German
7240 Brooklyn Boulevard
Brooklyn Center, MN 55429-1238
Mr. Fred Bame
900 Mendlessohn Avenue North
Golden Valley, MN 55427-4309
Sr. Michael, Minnesota 55376
(612) 497-3099
Fax (612) 497.31b3'•
RE: My Clients: Walter Berning & Sons, Inc. and
Proposed Plat of Island View Estates
Second Addition
Dear Mr. and Mr. Bame:
Please be advised this office represents Walter Berning &
Sons, Inc. Walter Berning & Sons, Inc. is the owner of Lot 1,
Block 4, Island View Estates. In addition, it is their position
that they are the owners of the west 150 feet of what you are
apparently proposing to plat as Lot 1, Block 1, Island View Estates
Second Addition. As you are probably aware, my clients and their
predecessors have used this part of Lot 1, Block 1, Island View
Estates Second Addition as their own property continuously for in
excess of 15 years and thus are of the position that they have
acquired it through adverse possession.
My client has no objection to your plat of Island View Second
Addition providing that it does not include the west 150 feet of
the proposed Lot 1, Block 1. If you do not dispute their claim or,
if you would like, as they would, to resolve this matter, you could
provide a Quit Claim Deed to the 150 feet of Lot 1, Block 1, in
favor of Walter Berning & Sons, Inc., a Minnesota corporation. If
we are unable to resolve the issue in this or some similar manner,
then, presumably, it will be necessary to obtain court
determination as to the ownership.
Because of the pending hearing with the City of Otsego, I am
sending a copy of this letter to the City. I am not doing so in an
attempt to block your platting of Island View Estate Second
Addition providing my client's ownership of the west 150 feet is
recognized.
If you would like to discuss this matter, please let me know
as soon as possible.
JRG/kls
cc: Mr. Paul Berning
City of Otsego
--v
02-26-1996 09:40AM FROM Radzwill & Couri Law Offi TO 4418823 P.03
91 (011W
' LTRIES► & UbMARDTt P.►L*L*P.
John R, �4tks I
Darid J. lxntwdc
Gnvuy J. lfxt Mom
ATTIAMYS Om C.f)L 14RIC)n Al L.1QVY
February 26, 1996
Eon Crcu W Ave• •PCS. Acus 35
9s. Mxhaef, Mouvsxa 55376
1612} 497.10'99
Ta: (612) 497-•16W
191.E4 ATJQ:rtr J. ZLWC�1rV�Uux-
At orney at Law
RAIMTM & C01DRI '
70 Central Avenue 9"t
P.40. Sox 369'
St! Micbael, NN 55276
I
I' Re: ' proposea Blunt Of XSIAr tl 'view Estates Sewed "dation
`! aaa Walter Berai.ng i Sons
Dear Andy:
I received a copy of "a letter that you sent to me on
Fs 22. You hroa called me on that flay End i triedpo call you
Onithe 23rd. !
I
1 just scanted to lest you know that my client is setious about
pussui.ng a olaim for adverse posr,essioni on that part of XAot 1,
Bl ck 1 Island View Estates Second Addition that is adj nt to itsto which is Lot 1, Block 4 Island View Estates. It appears to ms
farms the interviews I have conducted and shat my .clie#ts say has
been theci rcvnstances over the preceding 15 plus yea rsl that they
halm a provable a*aa -for establishing ownezahip. ! For your
Intoruatipnn I did talk with Fred Name. it 1a my reaal-14otion that.
basically Mr. Bane said that he left everything up to Xrj. paxmaine.
I 100 talked to Mr. C -,or a ane_ He said that this lard had been
fad. He apparently was not aware that the property my client is
talking about has not been farmed by anyone engaged by�tha owners
fax " euce4ss of 15 years. 1n fact, it is lawn. I have not heard
bat& Erom either Mr. Barney or Mr. Germaine.
difAs far ne your letter to Blaine is concerrMd, have shale
ficulty in uwarstanding how the city could appro a the. plat
given the clout on title raised by sly clients, claimedl aamorebi.p.
aye thr, way, the plat as pr4p;tly laid out does not allow for the
conveyance of that part of the most caeFsterlylot to be conveyed to
the owner of Lot 1, Block 4 Island View Fstates. Rather{ apparently
it; is designed to be c!onvayad to the cwnoex of Lot 2, Ul. Ck 4. A100
I+
i
i
02-26-1996 09:41AM FROM Radzwill & Couri Law Offi TO 4418823 P.04
i
Mr. Andrew J. MacArthur
1F'ehivary 25, 1996
I
in t regard, it is my understanding that neither Mr. Germaine or
Mr. b mtz have ever talked with anyone fr" Walter Berni g S Sons
regarding their acquisition or consent to conveyance in, regard to
the part that is adjacent to their lot. 1 am ovailak le to talk
whenever.
oa:
. Paul Berning
Very truly yours,
GRX19S & LENHARDT, P.L.L.P.
, eZt ri R. MIES
I
i
TOTAL P.04
William S. Radzwill
Andrew J. MacArthur
Michael C. Court
February 22, 1996
City of Otsego
c/o Elaine Beatty,
8899 Nashua Avenue
Elk River, MN 55330
RAMWILL & CO URI
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
City Clerk
NE
RE: Proposed Plat- Island View Estates Second Addition
Dear Elaine:
Regarding the attached letter from Attorney John Gries relative to
the above mentioned plat and his client's claim to ownership of
some of the property contained therein, I have attempted
unsuccessfully to contact Mr. Gries the last couple of days but he
is apparently out of the office. If I am unable to contact him
prior to next Monday I would request that this item be tabled so
that I can discuss the matter with him.
The plat is being recommended for approval as a method of adding
the additional lots to those already platted without having to
replat the entire subdivision. The condition of approval
recommended is that they be deed restricted so that these parcels
can only be conveyed with the adjoining lot. Since the claim made
by Mr. Gries's client is something not of record I would like to be
able to meet with the involved attorneys and try to come up with
language acceptable to them which would remove the City as a
potential party to their dispute.
Very ruly yours,
A rew J acArt
RADZWILL & COURI
cc: John Gries, Attorney
Wayne Germaine
Fred Bame
Larry Koshak, Hakanson Anderson
Bob Kirmis, NAC
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION:
DEPARTMENT: MEETING DATE
7. BOB KIRMIS, ASST CITY
PLANNER FEB.26,1996 6:30PM
ITEM NUMBER:
ITEM DESCRIPTION: PREPARED BY:
7.3. Con_. Amendment to
the City Zoning Ord Elaine Beatty/CC/ZA
RE:Sign Regs:
A. B. and C.
Background:
The change to the sign regulations came up as part of Long Haul Trucking site being established and an
indication that a change may need to be made.
At the P.C. Hearing, Bob Kirmis went over NAC's January 8, 1996 Report. No one commented at the
public hearing. 65MPH was questioned but not an issue.
PC MOTION:
Richard Nichols motioned to adopt the proposed changes as follows:
1. Make an allowance for construction signs in all zoning districts as exempt signs (sign allowed
without a permit. In recognition of typical sign setbacks, the amendment would allow larger signs along
principal arterial streets. (Hwy. 101 and I-94 Corridors).
2. Amend the real estate development project sign requirements in residential districts to allow
larger signs along principal arterial streets.
3. Amend the commercial/industrial district sign requirements to:
A. Establish a maximum sign height for real estate signs
B. Make an allowance for real estate development signs (currently allowed only in
residential zoning districts).
Seconded by Ing Roskaft, All in favor. Motion carried.
STAFF RECOMMENDATION:
Staff agrees with the P.C. Recommendation above to approve the proposed changes.
FA
C
Northwest Associated Consult
C O M M U N I T Y PLANNING • DESIGN e MARK
MEMORANDUM
TO:
FROM:
DATE -
RE:
FILE NO:
Elaine Beatty
Bob Kirmis
12 February 1996
Otsego - Zoning Ordinance - Sign Regulations
176.08 - 95.22
C C� C 0 Y C'
is-,- Inc.
R E S E A R C H
Attached please find a "clean" copy of the proposed amendment to the City's sign
regulations addressing construction and real estate signage requirements.
The copy is intended for possible signatures by the Mayor and yourself.
As you are aware, this item is scheduled for City Council consideration on 26 February.
If you have any questions, please do not hesitate to call.
5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837
ORDINANCE NO.
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN AMENDMENT TO THE ZONING ORDINANCE ADDRESSING PUBLIC,
CONSTRUCTION AND REAL ESTATE SIGNAGE REQUIREMENTS.
THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS:
Section 1. Section 20-2-2.S of the Otsego City Code (Definitions) is hereby
amended to read as follows:
Street -Principal (Major) Arterial: Major arterials provide a high level of
mobility between sub -regions, serving medium to long distance trips.
Principal arterials are grade separated or have high capacity controlled at -
grade intersections. No parking is permitted; the posted speed limit is
typically 40-65 mph; and traffic volumes range from 10,000 to 50,000 ADT.
Major arterials are typically spaced one to three miles apart (see City
Transportation Plan).
Section 2. Section 20-37-3.A of the Otsego City Code (Exempt Signs) is hereby
amended to add the following:
14. Construction Signs. A non -illuminated construction sign confined to the site
of the construction, alteration or repair. Such sign must be removed within
two (2) years of the date of issuance of the first building permit on the site
or when the particular project is completed, whichever first occurs. One sign
shall be permitted for each street the project abuts. No sign may exceed
thirty-two (32) square feet in area and six (6) feet in height, except signs
abutting principal arterial streets which may not exceed sixty-four (64)
square feet in area and fifteen (15) feet in height.
Section 3. Section 20-37-5.B.3 of the Otsego City Code (Residential District Sign
Regulations) is hereby amended to read as follows:
3. Real Estate Development Project Signs. Signs involving temporary
identification of a new subdivision or development located upon the project
site.
a. Each subdivision or development shall be allowed the following signs
by permit:
(1) One (1) sign not to exceed sixty-four (64) square feet in
surface area and a maximum height of fifteen (15) feet, except
signs abutting principal arterial streets which may not exceed
one hundred (100) square, feet in surface area and fifteen (15)
feet in height.
(2) Directional signs as authorized by sub -section 5.6.4 of this
Section.
b. The permit shall be renewable annually and conditioned upon
documentation allowing such sign or structure by the property owner
upon which it is to be located, and a vacancy rate of the subdivision
greater than ten (10) percent.
Section 4. Section 20-37-5.0 of the Otsego City Code (Commercial/Business and
Industrial District Sign Regulations) is hereby amended to read as follows:
C. Commercial/Business and Industrial Zoning Districts as defined by Section
50 of this Chapter.
1. Signs as permitted in Agricultural Zoning Districts.
2. Real Estate Signs. Temporary signs pertaining to the lease or sale
of a property or building with the following restrictions:
a. No more than one (1) double sided sign allowed per lot or per
building for sale.
b. The sign area shall not exceed thirty-two (32) square feet of
space on each side.
C. The sign shall not be illuminated.
d. The sign shall not exceed fifteen (15) feet in height.
3. Real Estate Development Project Signs. Signs involving temporary
identification of a new subdivision of development located upon the
project site.
2
a. Each subdivision or development shall be allowed the
following signs by permit:
(1) One (1) sign not to exceed sixty-four (64) square feet in
surface area and a maximum height of fifteen (15) feet,
except signs abutting principal arterial streets which
may not exceed one hundred (100) square feet in
surface area and twenty (20) feet in height.
(2) Directional signs as authorized by sub -section 5. B.4 of
this Section.
b. The permit shall be renewable annually and conditioned upon
documentation allowing such sign or structure by the property
owner upon which it is to be located, and a vacancy rate of the
subdivision greater than ten (10) percent.
4. Business Identification Signs. Total sign area shall not exceed fifteen
(15) percent of the total front building facade except that both front
and side facades shall be counted on a corner lot. Signs chosen to
comprise the total gross sign area shall be consistent with the
following provisions:
a. Freestanding. Not more than one (1) double sided
freestanding sign. Sign area may not exceed one hundred
(100) square feet each side with a maximum height of twenty
(20) feet.
b. Wall, Canopy or Marquee. Not more than one (1) wall, canopy
or marquee sign per building. However, on corner lots, two (2)
such signs shall be allowed, one (1) per street frontage.
Individual sign area shall not exceed one hundred (100)
square feet.
C. Advertising messages shall not comprise more than twenty-
five (25) percent of any freestanding or wall sign.
5. Business Area Identification Signs. One (1) sign for each primary
entrance to the qualifying area from major collector or arterial streets
and consistent with the following provisions:
3
a. Total sign area, including the sign structure, shall not exceed
two hundred (200) square feet with a maximum height of
twelve (12) feet for freestanding signs.
b. Each property owner and/or tenant of the area identified shall
be permitted space upon the identification sign for the name of
the business only.
C. Signs shall be located on outlots of sufficient size and area to
accommodate them. A landowners or tenants association or
other legal mechanism binding the properties or businesses
involved shall own and be responsible for the upkeep,
perpetual maintenance, taxes, insurance, utilities, and other
costs associated with the sign(s) and the outlot property. The
association rules or by-laws or other legally recorded
document shall specify how the aforementioned sign
responsibilities will be delegated and paid for. Such legal
document shall be subject to the review and approval of the
City Attorney.
d. Outlots for signs shall be considered and planned for at the
time of preliminary plat application and be included in the final
plat. The subdivision development contract between the City
and the developer shall specify the designated use of the
outlot, its ownership and the respective land owners
association responsibilities regarding the outlot.
e. Signs shall be located not less than five (5) feet from a
property line.
f. Lighting of signs shall be permitted, provided that glare or light
from such lighting does not illuminate any adjacent properties,
buildings, structures or public rights-of-way. The electric costs
and maintenance of such lighting shall be the responsibility of
the land owners or tenants association of the area identified by
the sign(s) and shall be clearly noted in the association by-
laws or rules or other such legal document.
g. The outlot area around the sign shall be landscaped in such
a manner to accent and enhance the sign while remaining
sensitive to the natural features of the site. Detailed site and
landscape plans shall be included with each sign permit
application and be subject to City Council review and approval.
4
h. The design and construction of business area identification
signs shall be done with the highest quality materials and
workmanship to keep maintenance and upkeep costs to a
minimum and to minimize the potential for vandalism.
Business area identification signs are to be aesthetically
pleasing when designed and constructed. The sign shall be
compatible with nearby or potential homes and other
structures in the area. Detailed construction plans and a
materials list shall be included with each sign permit
application and shall be subject to City Council review and
approval.
The City reserves the right to require the removal, at the
owner's expense, any sign when the requirements of this
Section are not completely followed and adhered to or if the
sign is not properly maintained or falls into a state of disrepair.
The City shall not have any obligation or liability to replace any
sign when removed by the City.
6. Message Signs. Temporary message signs, not exceeding thirty-two
(32) square feet on each side may be allowed by temporary permit
under the following provisions:
a. Message signs may be illuminated, but flashing signs are
prohibited.
b. Electronic changing message/reader boards are prohibited.
C. A temporary permit shall be valid for a period of ten (10) days
and no more than three (3) permits per property shall be
granted during any twelve (12) month period.
d. In the case of a business center where two (2) or more uses
are located in the same structure or on the same parcel of
land, that center shall be considered one property.
5
Section 5. This Ordinance shall become effective immediately upon its passage
and publication.
ADOPTED by the Otsego City Council this day of
CITY OF OTSEGO
Norman F. Freske, Mayor
ATTEST:
By:
Elaine Beatty, City Clerk/Zoning Ad trator
0
1996.
jb
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION:
DEPARTMENT:
MEETING DATE
7. BOB KIRMIS,
ASST CITY PLANNER
FEB.26,1996-6:30PM
ITEM NUMBER:
ITEM DESCRIPTION:
PREPARED BY:
7.4. Any other
Planning Business
A. Present
estimate for research of SW
area of the City
Background:
,A,• The City Council had asked that Bob Kirmis, NAC, and Larry Koshak do a study of the SW area of
the City as to feasibility of sewer, etc. They requested a quote from both of the professionals.
Attached is a letter from Bob Kirmis with the information for the Council on a quote.
Northwest Associated Consultants, Inc.
C O M M U N I T Y PLANNING - DESIGN - MARKET R E S E A R C H
MEMORANDUM
TO:
FROM:
DATE:
RE.-
FILE
E:FILE NO:
Otsego Mayor and City Council
Bob Kirmis/David Licht
21 February 1996
Otsego - SW Area - Pre -Plan Analysis
176.08 - 96.01
At the City Council's direction, our office, in collaboration with the City Engineer, has
prepared an outline of tasks and estimate of costs associated with an analysis of the
southwest area of the City. Such analysis would provide a base of information from which
rational decisions regarding appropriate future land use(s) in the area could be made.
Basically, the information derived from such analysis (and conclusions drawn) would serve
as a precursor to the formulation of a possible amendment to the City's Comprehensive
Plan.
Attached please find an outline identifying the various tasks involved in such analysis as
well as an estimate of cost anticipated to complete each task. It is anticipated that a
preliminary, background analysis of the southwest area of the City can be prepared at a
cost of approximately $5,800 (on a time and materials basis). Please note that such cost
includes engineering related estimates relating to utility, soil, and transportaton issues.
It should be noted that such estimate could potentially be reduced if the land availability
investigation were to be conducted by in-house City staff.
A representative of our office will be in attendance at the forthcoming 26 February City
Council meeting.
5775 Wayzata Blvd. - Suite 555 - St. Louis Park, MN '55416 • (612) 595 -9636 -Fax. 595-9837
SW AREA ANALYSIS
OUTLINE
TASK
HOURS
NAC
Hakanson Anderson
Principal
Sr.
Designer
Technician
Principal
Engineer
Registered
Engineer
Civil
Technician
I. INTRODUCTION/PURPOSE
1.0
2.0
---
II. ISSUES IDENTIFICATION
A. Land Use Supply/Demand
1.0
3.0
6.0
B. Land Availability
0.5
1.0
4.0
C. General Market
(Competitive Development)
1.5
4.0
4.0
D. Cost Revenue Analysis
1.0
2.0
6.0
E. Utility Serviceability
X
X
X
1, Sanitary Sewer
X
X
X
2. Water
X
X
X
3. Storm Sewer
X
X
X
4. Relationship to Perlich
Proposal
X
X
X
F. Soil conditons/Suitability for
Development
X
X
X
G. General Service Issues
0.5
4.0
2.0
H. Land Use Compatibility
(Relationship to Albertville
Land Use Plan)
1.0
3.0
---
I. Transportation
---
---
1. County Road 19
Interchange
2. 70th Street Upgrade
III. DISTRICT ANALYSIS
3.0
18.0
10.0
A. District 1
B. District 2
C. District 3
D. District 4
E. District 5
F. District 6
IV, CONCLUSIONS/
RECOMMENDATIONS
1.0
3.0
---
X
X
X
SUBTOTALS - Chaige Rate
Hours
Subtotal
$76.56 x
10.5
$803
$45.00 x
40.0
$1,800
$27.5C x
32.0
$880
10.0
18.0
$2,000
12.0
Secretarial ($30/hr.)
10.0
$300
TOTAL
$5,783
X = Engineering tasks (hourly breakdown by task not available)
b
'Soo
o
'500
3000
SCALL
IM
FEET
ANALYSIS DISTRICTS
0
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE
8. Andy MacArthur, City Atty. FEB 26,1996-6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY:
8.1. Darkenwald Family Partnership Elaine Beatty, CC;ZA
Pe: Used Car Lot Contract for Interim Use
as a Real Estate Office
11 7J
Background:
This Darkenwald property is the old Used Car Lot on #42 and #101, NW corner. It is currently zoned
commercial. The CUP has lapsed on it as more than 6 Mos. have gone by without a business. The
Darkemvalds are asking for a Contract to use this property on an interim basis until the highest and best
use is available and #101 is finished. We discussed this at Staff level at the last Staff meeting and the
issues at this time are septic (We have the septic information in the file that shows the system was
installed 10/15/87 and was designed by SP Testing). The easement on creek was discussed and the
Engineer agreed that we would look at that when the highest and best use comes in. We have granted a
Contract on an interim use for Historic Fragments and Big Ed's on this same kind of issue. I have
attached the septic information on this property. (Jerry Olson doesn't have a problem with the septic
being it is was designed by SP Testing and hasn't been used much.) The system has 1,000 gal capacity
and 600 sq ft of drainfield trenches and meets the setbacks of code. It was approved by Chuck at the Co
Environmental Health office on 10/l/87..
STAFF RECOMMENDATION:
To grant the Contract on an interim use basis until the highest and best use comes along or possibly a
date. See the Attorney's letter re: same.
William S. Radzwill
Andrew J. MacArthur
Michael C. Couri
February 22, 1996
RADZWILL & COURI
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
City of Otsego
c/o Elaine Beatty, City Clerk
8899 Nashua Avenue NE
Elk River, MN 55330
RE: Proposed Agreement Regarding Use of Darkenwald Property
Dear Elaine:
It is my understanding that the following item will be on the
Agenda Monday for Council consideration. Basically, the
Darkenwald's and Frank Feister have asked the City to approve use
of the Darkenwald property along 101 as a real estate office. Their
intent is to lease the office for use" as is". This means that the
City would have to approve deferment of performance standards
related to the parking lot etc.
Consistent with the City's policy toward other properties along
101, it would be my recommendation that deferment of performance
standards be allowed under the following conditions:
1. That the owner and lessee enter into a Agreement in recordable
form setting forth the conditions for interim use of the property
with a date, consistent with other such agreements, when all
performance standards would be met.
2. That the leased portion of the property be limited to that part
of the property already zoned commercial.
3. That the owner satisfy all Engineering concerns relative to
drainage and the septic system.
Letter to Otsego
February 22, 1996
Page 2
I will be available to discuss this matter further at Monday
night's meeting.
Very my yours,
An rew J ;acArth r
RADZWILL is COURI
cc: Bob Kirmis, NAC
Larry Koshak, Hakanson Anderson
John Darkenwald, Darkenwald Realty
Frank Feister
r
r
v� Sq. Ft.
Sq. Ft.
Distance from nearest well
t.
t.
Ft.
Distance from lake or stream
OFFICE OFPLANNING'ANO:ZONING`/
0.WRIGHT COUNTY COURT HOUSE ,' ` f l � D� "' �Gj�v'
1 Buffalo, Minn "�'
APPLICATION FOR PERMIT TO /NSTALLSEWAGE"1 0SAL SYSTEM
�i�Lcf G A L
'.�.t�
DESCRIPTION / 4� s�
AND I Lot Block Addition
LOCATION —
Lake No. Lake Name
IDENTIFICATION: Please Print All Information.
Last Name First Initial
OWNER
Lake
Permit No. `" Di_ 1
Date
Range I wp.
Mailinq Address - No. Street, City and State
. HAA I-
Zip No. Tel. No.
SEWAGE '
SYSTEM Name
INSTALLER
l This System will be ready for inspection on , ' 19
Inspector Name Mrn ._ t r/�� — �(O(/l /
t all This Number For Inspectio
SEWAGE DISPOSAL SYSTEM DATA:
CCDV1n TAw6t nRAINFIELD TRENCHES SEEPAGE BED
Capacity
GIs.
v� Sq. Ft.
Sq. Ft.
Distance from nearest well
t.
t.
Ft.
Distance from lake or stream
At.
Ft.
Ft.
.Distance from occupied building -
Ft.
t.
Ft.
, ,.
.. _.. . _..
Distance from roe line
Ft.
F
F
t.
Distance from bottom to Water Table
Depth'of rock beneath tile
In.
In.
RECORD OF TESTS:
Inspection was made on
- PERCOLATION TEST DATA: Date of First Test
- Date of Second Test
1st Test Taken By
All distances are snorresr aisrance aerween nuuru3t Nut
;19 —, Time M BY
1 19 _, Rate
-9. Rate
First Test + 2nd Test '
2nd Test Taken By 2 Rate
AGREEMENT: The undersigned hereby makes application for permit to install or extend Sewage Disposal System herein specified,
agreeing to do all such work in strict accordance with ordinance of the County of Wright, Minnesota and Minnesota Individual Sewage
Disposal Code Minimum Standard set forth by Minnesota Department of Health. Applicant agrees that plot plan, sketches and specifi-
cations submitted herewith and which are approved by the County Sanitarian shall become part of the permit. Applicant further agrees
that no part of the system shall be covered until it has been inspected and aceep It shall be the onsibility of the applicant for
the permit to notify the inspector that the job is ready for inspection.
I �
Dated / .—z
Signet of Wn or ontractor
PERMIT:. Permission is hereby granted to the above named applicant to perform the work described in the above statement. This permit
is granted upon express condition that the person to whom it is granted, and his agents, employees and workmen shall conform in all
respects to ordinances of Wright County Minnesota. This permit may be revoked at any t' e u n violation of any said ordinance.
NOTE: Permit void if � i not c mme ed within six (6) months.
Issued Dat /y(((
Office of Planning an Hing
Fee S _LtiL_ Receipt No.
Comments:
'Q G NA L"EGAL
-:a
DESCRIPTION
LOCATION
I r_v vvvn t nvvoc
Buffalo, Minn.
APPL ICA TION FOR PERMIT TO INSTALL SEWAGE DISPOSAL SYSTEM
t
Lot .F Blocky Addition
• r x;
WRIGHT COUNTY
CALLED -IN
INSPECTION NOTIC
SCHEDULED
PERMIT NO.
TOWNSHIP
ADDRESS
(
COMPLETED
(,o-12,1-
OWNERICONTR
lk ke N wIql
TEL. NO.
OCCUPANT USE_
❑ SITE INSPECTION
❑ PLUMBING FINAL
❑ CONC. SLAB
❑ FOOT'NG
❑ BUILDING FINAL
TIC MAINT.
❑ FRAMING
IP -TIC INSTALL.
❑ PLUMBING RI
T1C FINAL
L ❑ MECHANICAL
L ❑ INSULATION
❑ WALL BD.
❑ PROGRESS
❑ DEMOL.
❑ FIRE PREY.
DATE TIME
C _ Permit No. I r
16
r ; , _•
Range
T
E wp. Name
City and State Zip No. Tel. No.
ii � > . P.
❑ EXCAV./GRADING/FILLING Y+ t ry
El REINSPECTION ;.
❑ FOLLOW-UP • �_"..!`.1 ':`;}r;
❑ COMPLAINT
❑ ROUTINE
O
❑
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C71
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t
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L
m -WORK SATISFACTORY: PROCEED �... ❑ PHOTO TAKEN
O ❑ CORRECT WORK S PROCEED'"
J ❑ CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING
❑ CORRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR WILL RETURN.
❑ STOP ORDER POSTED. CALL INSPECTOR..
0 INSPECTION REQUIRED. CALL TO ARRANGE ACCESS.
WRIGHT COUNTY PLANNING & ZONING OFFICE
PHONE 1-800.362.3667
r Vier ' O METRO: 339.6661
ctor `��' �Pho O LOCAL: 682.3900.:
I spec tor's Copt► Yellotw Copy/Owner' r / `
i �/ m. ♦.r �. r; •;au is In., �S
distance between nearest points: s �; #E. '•-`
jots r'::���-�' � r� ��,•••' + ' -
A!1
'f•
"!Gs;y Rate'
I "a Disposal System herein specified,
nesota and Minnesota Individual Sewage
1•ees that plot plant_ sketches and specifi-
k of the permit. Applicanj further agrees
the allprisibility of the applicant for
tm of�ir ontractor
:i v yh•, r
b lrl tM abov nt. This permit
ro. m .. r-
mop arra rvoik I conform in all
plat%n f
o
y • • q rdiinnana.
A
City of Otsego
Engineer's Agenda Items
City Council Meeting
February 26, 1996
9.1 OTSEGO CREEK PROJECT
• Consider acceptance of the Feasibility Study for improvement to Otsego
Creek.
Consider setting a public hearing for setting levy for the Otsego Creek
Project.
9.2 NORTHWEST WATERSHED
• Consider setting a date for a public hearing creating storm sewer taxing
district in the northwest area of the City. See attached map.
9.3 MSA PROJECT FOR 1996
• Consider any action the Council wishes to make after the presentation
and discussion at the February 22, 1996, workshop on the current MSA
finances.
9.4 CONSIDER APPROVAL OF ESTIMATE FOR ENGINEERING FEE TO SUPPORT A
STUDY PROPOSED BY NAC FOR THE SOUTHWEST AREA OF THE CITY.
• This item is also in 7.4a of the Planner's Agenda.
• Our part of the study would include proposing a conceptual wastewater
treatment and collection system, potable water source, storage and
distribution system, storm water drainage and transportation plan.
• We have estimated based in NAC's preliminary outline that the cost of
services to be $2,000. This accounts for the engineering portion of the
work only.
9.5 CONSIDER APPROVAL FINAL PAYMENT FOR 88TH STREET PROJECT.
• The contractor has finally got all the paper work completed on the
project. We are therefore, ready to present the final payment in the
amounts of $6,134.58 for your approval. We will then submit to the
MSA for the remaining funds eligible for MSA reimbursement.
Find attached final payment forms. Upon approval we request the Mayor
sign the forms and the form be directed to the Finance Director for
disbursement.
9.6 ANY OTHER ENGINEERING BUSINESS.
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FEB 23 196 15:37 HAKANSON ANDERSON
' ■■■ Hakanson 6rx NU
Monroestreet
� nrxsota 55303
Anderson
61L427-5860
Assoc., Inc. Fax 61Z/4Z7-3401
MEMORANDUM
TO:
Vern Heidner
FROM:
Kevin P. Kielb
DATE:
February 23, 1996
FILE:
OT411
RE:
Wetland Conservation Act
Since our February 20, 1996 meeting with the County Commissioners, I have been in
contact with the Board of Water and Soil Resources (BWSR). When deciding the
apportionment of Block Grant Money for the counties, BWSR used the following
criteria:
1. Population change from 1980 to 1990.
2. Number of building permits issued in 1991-1992.
3. Number of wetlands in the County (excluding wetlands on State and
Federal lands).
I talked to Wayne Zelmer at BWSR to get the above information, but he was unable
to give me the exact formula. It is interesting to note that population, construction
activity, and number of wetlands are all factored into the equation. We had touched
on that in our meeting.
Specifics that Mr. Zelmer gave me for Wright County were as follows:
1. Population change from 1980 to 1990 was 17.196.
2. Number of building permits issued was 1,075.
3. Number of wetlands was 3,700.
He told me that the information was obtained from the Land Management Information
Center (LMIC).
Engineers Landscape Architects Surveyors
P.2
FEB 23 '96 15:38 HAKANSON ANDERSON
Vern Heidner
Page 2
February 23, 1996
When I mentioned to Mr. Zelmer that we, as a City, were trying to get the County to
share the Block Grant, he told me that it was common practice (that other Counties
are sharing with Cities). I will research this further.
1 will update you as I continue my research.
lIg
OT411.mom
P.3
A
Aim' Minnesota Department of Transportation
yL� Transportation Building
°F 7i 395 John Ireland Bouievard
Saint Paul, Minnesota 55155-1899
February 13, 1996
Larry Koshak
City of Otsego Engineer
Hakanson Anderson & Associates
222 Monroe Street
Anoka, MN 55303
RE: Notice of Annual Apportionment
Dear Mr. Koshak:
The following 1996 allotments have been credited to the City of Otsego's state aid accounts in
compliance with the Commissioner's Order #81489, and will be released in accordance with
the current rules.
General Allotment
Trunk Highway Turnback
Total
Maintenance Constriiiietion
$76,496 $229,489
$0
If you have any questions, please contact Karen Keogh on (612) 296-7414, or Bill Anderson
on (612) 297-3740, of the State Aid Finance Office.
Sincerely,
J Den
on
feonTransportation
Hakanson
Anderson
Assoc., Inc.
February 23, 1996
Ron Bratlie
ISD #728
400 School Street
Elk River, MN 55330
RE: City of Otsego Municipal Well
Dear Ron:
/7
222 Ncnroe Street
612/427-5860
Fax 612/427-3401
Hakanson Anderson Associates, Inc. has analyzed water pumping data for the past
two weeks in relation to the above referenced well. The results indicate that the water
storage in the school is still limited to 200-225 gallons. This remains a concern to the
City. Measures must be taken to increase this storage, at least to the levels indicated
in your original school specifications. We are available to discuss this matter further.
If you have any questions, please do not hesitate to contact me.
Sincerely,
HAKANSON ANDERSON ASSOCIATES, INC.
,Xc L/,» P Y;e_ I b
Kevin P. Kielb, PE
Z
cc: Lawrence G. Koshak,
Elaine Beatty, Clerk
Duane Fiedler, Maintenance
OT501.rb4
Engineers
Landscape Architects
Surveyors
k
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 96-5
RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT
WHEREAS, pursuant to resolution of the Council adopted on November
7, 1995, a report has been prepared by Hakanson Anderson &
Associates, Inc. with reference to proposed improvements to Otsego
Creek including removal of obstructions and construction of
culverts and other necessary work to insure proper flow through the
creek, and this report was received by the Council on February 26,
1996.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OTSEGO, MINNESOTA:
1. The Council will consider the proposed improvements to Otsego
Creek in accordance with the report and the levy of tax for all or
a portion of the cost of said improvement over all that property
contained within the Otsego Creek Storm Sewer Improvement Tax
District, already established pursuant to Minnesota Statutes
Chapter 444 at an estimated total cost of the improvement of
$84,005.00
2. A public hearing shall be held on such proposed improvement on
the 15TH day of April , 1996, in the Council Chambers of the
City Hall at 621n p.m. and the City Clerk shall give mailed and
published notice of such hearing and improvement as required by
law.
ADOPTED by the Otsego City Council the 26th day of February, 1996.
Larf
Laine Beatty, City Cler
ZF. - FrezkQ, - Kayar-
Fournier, Vice Mayor
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION:
DEPARTMENT:
MEETING DATE
10. COUNCIL ITEMS
Park and Recs Comm.
FEB 26,1996 6:30PM
ITEM NUMBER:
ITEM DESCRIPTION:
PREPARED BY:
10.1. PARK AND REC ITEMS
A. Consider
trail plan (Cont.
directing the Park and Rec
of Comp. Plait for Parks and
Gomm to consider a bike
Recs.)
B. Consider request to organize a volunteer appreciation
celebration for Saturday, July 13, 1996.
Background:om
10.1. A, and B. were placed on the Agenda at the request of the Parks and Rec Comm through Ron
Black, C.R.
A. Recently developments have requested information on our bike trail plans. This would refine the
already existing trails in the Park and Recs plans which are part of the Comprehensive Plan for the City.
B. The Parks and Rec Comm. would like to hold a volunteer appreciation celebration for Saturday. Julv
13, 1996. They would like the Council's consideration of same.
A. The Park and Recs portion of the Comp Plan needs to be updated and refined just as the
rest of the Comp Plan needs updating and refining as we grow and change. I feel this is an excellent
idea to keep our plans up to date. I recommend the Council approving this request to update the
Parks and Rec Trail Plan as part of the Comp. Plan. When the updated plans are complete, they will
need to be reviewed by the P.C. and Council and a Hearing will have to be held, so it will take some
coordination with the City Staff.
B. This item should be allowed if in the budget and should be referred back to City Staff (Finance
Director) for budget information and if in the budget (City Clerk) will need a plan of who is responsible,
how it will be organized, what program, details and timeline and amount of cost for all.
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION ORIGINATING DEPT.
MEETING DATE
COUNCIL ITEMS FINANCE
FEBRUARY 26,1996
ITEM NO: ITEM DESCRIPTION
PREPARED BY
10.2 REVIEW AND DISCUSS ORDINANCE #91-04
AN ORDINANCE ESTABLISHING SALARIES
FOR THE MAYOR AND CITY COUNCIL
P.Cokle
The review and discussion of the city's ordinance establishing salaries for the mayor and city council is
brought forward because of inconsistencies in the requested compensation for meeting attendance by the
members of the city council.
The attached ordinance specifies an annual salary for the mayor and council members. It also states that
the mayor and council members shall be compensated for special council meetings attended, meetings of
committees or commissions attended in which the council member is an ex -officio member, and meetings
which the council has directed or authorized the mayor or council member to attend.
This discussion is requested to clearly understand the intent of the ordinance and to clearly define the
compensation of additional meetings beyond the regular scheduled city council meetings. Should there be
a need to further define compensation in the ordinance the appropriate procedures can be followed for an
ordinance amendment.
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 91-04
AN ORDINANCE ESTABLISHING SALARIES FOR THE MAYOR AND CITY COUNCIL
The City Council of Otsego ordains the following:
Section 1. Compensation.
The salary of the Mayor shall be $4,200.00 per year ($350.00
per month) and the salary of each Council Member shall be
$3,600.00 per year ($300.00 per month). The Mayor and Council
Members shall be compensated in the amount of $25.00 for each
Special Council Meeting attended, each meeting of any established
committee or commission which the Mayor or any Council Member is
an ex -officio member, and each meeting which the Council has
directed or authorized the Mayor or any Council Member to attend.
The Mayor and Council Members shall also receive reimbursement
for expenses related to attendance at said additional meetings as
well as any other functions which they are authorized to attend
on behalf of the City, including mileage costs at the then
applicable IRS rate. The Mayor or Council Members shall submit
written claims to the City Clerk for compensation and for
reimbursement expenses.
Section 2. Additional Compensation.
In addition to that compensation listed above, the Mayor and
Council Members shall receive as compensation for attendance at
workshops, seminars or conventions $150.00 for each day of
It
attendance plus reimbursement for expenses related to attendance
including mileage costs at the then applicable IRS rate. Written
claims for all additional compensation and related expenses shall
be submitted to the City Clerk.
Section 3. Effective Date.
This ordinance shall be in force and effect ten (10) days
after its publication in the official newspaper pursuant to Minn.
Stat. 412.021, Subd. 5 subject to the further limitations
contained in said Minn•. Stat. 412.021, Subd. 5.
(,.,,Adopted by the City Council of Otsego this day of
199J.
Mayor of the City of Otsego'
AT ST:
C1 k '
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE
10. COUNCIL ITEMS FEB 26,1996 6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY:
10.3. Consider Sewer Sub -Committee Study
Background:
We have been working �vith Bonestroo Engrs. on a sewer study of the Eastern area of the City in a joint
effort with the City of Dayton and the Township of Frankfort. A Workshop Meeting with Bonestroo,
Otsego, Dayton and Frankfort on February 8, 1996 at 7PM was held and we received information on the
progress of the study. The meeting minutes and report from Bonestroo has been copied to all of you.
We now need a Council decision as to if you feel the study requires revision or can be combined into a
report. We need to let Bonestroo know_
1. Do we agree with their report? Any changes?
2. Do we want, more area/less area/stay the same (first phase of the project?).
3. Next step is for Bonestroo to do a report of the three meetings we have had and
the information gathered.
Deadline to give this information to Bonestroo is Feb. 29, 1996.
STAFF RECOMMENDATION:
Staff feel the area included for Otsego is the right amount for our needs in the first phase. From there
the determination needs to be made if we are ready to go ahead with the report. I feel we are ready.
I would like more input from the Council as to their feelings on this issue.
CITY OF OTSEGO
PLANNING COMMISSION HEARING PROCEDURE
To increase public understanding of the procedure being
followed in public hearings, the following specific steps will be
used in every hearing: (These steps are similar to what we have
been using, but the changes will keep the hearing open longer and will
provide the public more opportunity to participate in the process).
Chair - Description of request
Clerk - Verify that legal publication, mailings, and postings have
been completed
Staff - Description of request, results of investigation,
recommendations
Applicant - Added comments and statements
General Public - Comments and presentations
Chair - Call for P.C. discussion and questions
General Public - Additional comments
�eP�iC4n�5
Chair - Close public hearing
Chair - Call for motion
22 February, 1996
For the period 02/22/96 to 02/22/96
TO WHOM PAID
�w�.wur, r.w� wuRrnor�u wcenn rw�r .c�c nnv.
Claims List for Approval
CLAIM TOTAL
DATE NUMBER CLAIM
Ic
- ABDO ABDO & EICK
PARTIAL PAY THROUGH 1/26/96
02/22/96
1324
375.00
BOISE CASCADE OFFICE PRODUCTS
HANGING FOLDERS
02/22/96
1326
32.64
BEAUDRY OIL COMPANY
PROPANE -ICE RINK
02/22/96
1327
100.29
CHOUINARD OFFICE PRODUCTS
CROW RIVER NEWS
FLAT FILE r 02/22/96
TWO.YEAR SUBSCRIP' ION ""z � , �j02/22/96
1329
1330
628.35
30.00
DJ'S TOTAL HOME CENTER
PARTS SNOWBLOWER
02/22/96
1332
68.65
EAST TONKA SANITATION
JANUARY RECYCLING
02/22/96
1333
295.00
AR
Row¢t
METROPOLITAN GRAVEL CO INC
TRUCK INSPECTION
02/22/96
1336
50.00
MINNESOTA COUNTIES INS. TRUST
M. ITI 1A1
DRUG & ALCOHOL TESTING TAPE
MARCH LIFE ANO ST❑
02/22/96
1337
iI-IR
7.00
117.20
an*
NORTHERN HYDRAULICS INC
COUPLER
02/22/96
1340
23.41
—I I NL T MUWtJ
SAXON MOTORS INC
d ST JOSEPHS EQUIPMENT FNC!
WRIGHT COUNTY HIGHWAY DEPT
YVJ 1 HUC mm I CR HIVU JI.HLC
7l1NUf1RY 1EGAl.. SF�yf I['ES—CNNF
RESISTOR .' ,
TUBE, LAMP, FILT4
y
itETURAI O'&i"09: L1r: tTT
SALT,SALT & SAND MIX, SIGNS
VG/ GG/ 70
02/22/96171343, 8.52
02/221901344,- 136.10
02/22/96 1346 2,434.69
DELTA DENTAL MARCH PREMIUM'S 02/22/96 1347 202.70
WRIGHT COUNTY MAYOR'S ASSOCIATION 1996 MAYOR DUES 02/22/96 1348 150.00
L
INTERNAL REVENUE SERVICE FED.WITH TAXES PAYABLE 02/22/96 1350 55.00
Claims List for Approval
For the period 02/22/96 to 02/22/96
CLAIM TOTAL
TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM
ni Tf FMPI nYFFS RFTFMPI OYFF/FMPI OYER SHARF /10/96 02/2 /96 1352 914 _6F,
M RF F �T TRl1ST f�FFFRwn f OMP 7/1 O/9F, O?/22/46 13F3 41 S_ _88
I,',TE CAPITAL CREDIT UNION DEDUCTIONS PAY PERIOD 2/10/96 02/22/96 1354 110.00
TOTAL FOR MONTH 26,841.03
TOT61 YF R Tn nnTF