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07-24-95 CCFinal Revision 6/6/95 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO:_i5_-2,1 AN ORDINANCE ESTABLISHING REGULATIONS PERTAINING TO THE DISCHARGE OF FIREARMS AND HUNTING IN THE CITY OF OTSEGO, MINNESOTA THE CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS. gedwi 1- Chapter 7 of the Otsego City Code (Police and Public Safety) is hereby amended to add the following: SECTION 1 FIREARM AND HUNTING REGULATIONS SECTION: 7-1-1: Discharge and Carrying Firearms Regulated 7-1-2: Definitions 7-1-3: Permitted Use of Firearms within the No -Discharge Zone 7-1-4: Permitted Use of Firearms outside the No -Discharge Zone 7-1-5: Prohibitions 7-1-6: Dangerous Weapons 7-1-7-A: Designated No -Discharge Zone 7-1-7-B: Map 7-1-8: Penalties 7-1-1: DISCHARGE AND CARRYING FIREARMS REGULATED: 7-1-2: DEFINITIONS: CARRY: The handling or transportation of a firearm concealed or otherwise outside a person's domicile. DANGEROUS WEAPONS: Slingshot, clubs, blackjacks, spring guns, brass or metal knuckles or any knife with a switch blade which opens automatically under spring pressure with a button or release mechanism or by any other mechanical contrivance. DISCHARGE: The firing or shooting of any firearm. DISMANTLED FIREARM: Any unloaded firearm or bow which is dismantled in such a manner so as to prevent discharge. ENCASED FIREARM: Any unloaded firearm or bow, placed in a case which is tied or otherwise secured in the manner provided. FINE SHOT: Shot sizes F through No. 12 inclusive. FIREARM: "Firearms" shall mean any device from which may be fired or ejected, one or more solid projectiles by means of a cartridge or shell or by the action of an explosive substance; or for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas or vapor. LANDOWNER: Any person, group, firm or corporation owning, leasing or legally controlling any lands within the territorial limits of the City. SINGLE PROJECTILE: Any single projectile, whether contained in a metallic, paper, plastic or other cartridge including any method of loading a muzzle loader which results in a single projectile being discharged. SUITABLE BACKSTOP: Any natural or manmade barrier of sufficient mass, size or construction to wholly contain the projectile being discharged. WRITTEN ation must be included: The full name. PERMISSION: The following inform address, date of birth and signature of the person authorized to hunt or discharge a firearm; the full name, address, and signature of the landowner. 7.1.3: PERMITTED USE OF FIREARMS WITHIN THE NO -DISCHARGE ZONE. The discharge or carrying of firearms that are not encased or dismantled is permitted under the following circumstances so long as no innocent party is endangered unless otherwise prohibited by State or Federal law. A. By law enforcement officers in the line of duty or military personnel in the line of duty or persons with a lawfully issued and currently valid "permit to carry a pistol" as defined by Minnesota Statute 624.714. B. By any person to resist or prevent an offense which that person reasonably believes exposes himself or another to great bodily harm or death. C. By a certified Firearms Safety Training Instructor while participating in a Department of Natural Resources approved Firearms Safety Program. D. By any person while participating in a Department of Natural Resources approved Firearms Safety Program. E. By any person authorized to do so in writing by the Wright County Sheriff for the destruction of diseased, injured or dangerous birds, animals or reptiles. F. By any person on a rifle, trap, archery or target range established in accordance with the City's Zoning Ordinances or as part of a City - sponsored activity. G. By any person possessing, transporting or carrying handguns as specifically allowed by State law. H. By any person slaughtering farm animals which they own or with the permission of the owner. I. By any person target practicing with a bow and arrow with target tips only, BB or pellet gun with parental supervision under the age of 18, against a suitable backstop, at least two hundred (200) feet from all buildings, unless the buildings are owned by them or unless they have the owner's permission carried on their person. Bow and arrow target practice may also take place within the confines of a building if a suitable backstop is used. J. By any person participating in a special hunting season, which season may not conflict with State law or regulations. established the City Council for the purpose of wildlife management. The season shall be established by the City Council when, based upon competent professional advice such as a conservation officer, a season is needed to reduce an animal population. The Council may authorize the use of single projectiles as part of the special hunt regulations set forth in the resolution. 7.1.4: PERMITTED USE OF FIREARMS OUTSIDE THE DESIGNATED NO - DISCHARGE ZONE. In addition to the conditions set forth is section 7.1.3, the discharge or carrying of firearms is permitted under the following circumstances so long as no innocent party is endangered unless otherwise prohibited by State or Federal law. A. By any person using projectiles for target practice provided that the projectiles are stopped by a suitable backstop and provided further that the discharge occurs at least five hundred (500) feet from all buildings, unless owned by them or with the owner's written permission carried on their person. B. By any person hunting with a single projectile in accordance with State and Federal regulations and provided further that the discharge occurs at least five hundred (500) feet from all buildings, unless owned by them or with the owner's written permission carried on their person. C. By any person hunting or target shooting with a shotgun using fine shot at least five hundred (500) feet from all buildings, unless owned by them or with the owner's written permission carried on their person. 7.1.5: PROHIBITIONS: Except as specifically allowed in Section 7.1.3 & 7.1.4. A. The discharge of a firearm is prohibited. B. Hunting using a firearm with a single projectile or with a BB gun is prohibited. C. Carrying or discharge of a firearm by any person under the age of fourteen (14) is prohibited except when accompanied by parent, adult guardian or certified safety training instructor. D. The aiming of any firearm, whether loaded or not, at or towards any human being is hereby prohibited. E. The carrying of an uncased firearm in a motor vehicle, in a place or area open to the public, or in any private place or area unless the private place or area is owned by the person carrying the firearm or with the owner's permission is prohibited. F. No person shall discharge a firearm while traveling on or using a wild, scenic, or recreational river, except for the purpose of hunting 7.1.6: DANGEROUS WEAPONS: A. Weapons Prohibited: No minor under the age of 18 shall wear under his clothes, conceal about his person or within a motor vehicle, display in a threatening manner, or sell, offer for sale or carry or use any dangerous weapon. B. Exceptions: The prohibition of this Section shall not be construed to forbid any law enforcement officer from carrying or using dangerous weapons in the proper discharge of his or her duties. 7.1.7.A: DESIGNATED NO DISCHARGE ZONE: The City Council shall cause to be published a map designating the areas within the City where no discharge is allowed. Such map shall be published no later than 1 September on an annual basis. Discharge in areas not designated on the map for discharge is prohibited. 7.1.7.B: MAP: See attached map 7.1.8: PENALTIES: Any person who violates provisions of this Ordinance upon conviction shall be deemed guilty of a misdemeanor and shall be punished in accordance with the provision for misdemeanor penalty under State law as amended, plus costs of prosecution, for each offense. &Cdon .. This Ordinance shall be in full force and effect from and after its passage and publication. Adopted by the City Council, this � dmu day of T„ 1 Z 1995. ATTEST: Norman F. Freske, Mayor Publish: 8/9/95 Star News Post: 7/28/95 1995 NO DISCHARGE MAP d by: Dass Map by: Hakanson Anduson 'SonsulaNs,lm Assoc„Inc _ NO DISCHARGE WITHIN BOUNDARY C . SCALE IN FEET O 2000 4000 6000 DECEMBER ' 1991 CITY OF 10TSEG.-lo ori TIL GRED iUVEWRoAl. JUL-20-1995 08:2-6 NAC 612 595 9837 P.02i08 rA Northwest Associated Consultants, Inc. C COMMUNITY PLANNING • DESIGN MARKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council DATE: 20 July 1995 RE: Otsego - VanTatenhove Estates FILE NO: 176.02 - 95.11 Attached please find a findings of fact relating to the George VanTatenhove (Advance Machinery Inc.) rezoning application to be considered by the City Council on 24 July. Please note that the findings are reflective of the Planning Commission's recommendation on this matter. Pc: Elaine Beatty Andy MacArthur Larry Koshak George VanTatenhove bi r5 Wayzata Blvd. - Suite 555 - St. Louis Park, MN 55416 - (612) 595 -9636 -Fax. 595-9837 JUL-20-1995 08:26 NAC IN RE: CITY OF OTSEGO WRIGHT COUNTY, MmVNESOTA 612 595 9837 P.03/08 REZONING APPROVAL FINDINGS OF FACT AND DECISION Application of Mr. George VanTatenhove on behalf of Advance Masonry Inc. to rezone the following described land from an A-1, Agricultural Rural Service Area Zoning District designation to an R-3, Residential, Immediate Urban Service Area zoning designation. The subject property is legally described as: See Attached Exhibit A On 24 July 1995, the Otsego City Council met at its regularly scheduled meeting to consider the application of Advance Masonry Inc. to rezone the above described land from an A-1, Agricultural Rural Service Area Zoning District designation to an R-3, Residential, Immediate Urban Service Area zoning designation. 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. FDMINGS OF FACT The applicant is requesting a rezoning of the following described property from an A-1, Agricultural Rural Service Area Zoning District designation to an R-3, Residential, Immediate Urban Service Area zoning designation. The subject property is legally described as: See Attached Exhibit A 2. The subject property lies within the City's designated Urban Service Area. 3. Section 20-3-2.F 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: JUL-20-1995 08:27 NAC 612 595 9837 P.04/08 a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. The proposed rezoning is consistent with the City's Land Use Plan which suggests low density residential use of the subject property. The proposed use is also consistent with a specific policy of the Comprehensive Plan which encourages infill development. b. The proposed use's compatibility with present and future land uses of the area. The proposed use is compatible with present and future land uses of the area. C. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). As a condition of subdivision approval and building permit issuance, the proposed use shall be required to meet applicable performance standards of the Zoning Ordinance. d. The proposed use's effect upon the area in which it is proposed. The proposed =oning and low density residential use will not adversely affect the subject area. e. The proposed use's impact upon property values of the area in which it is proposed. While no specific study has beta conducted, similar situations indicate that the proposed rezoning will not adversely affect property values in the subject area. f. Traffic generation by the proposed use in relation to capabilities of streets serving the property. Traffic generated from the rezoning will be within the capabilities of Odean Avenue which serves the property. g. The proposed use's impact upon existing public services and facilities including parks, streets, utilities, and its potential to overburden the City's service capacity. The rezoning and resulting land use will not overburden the City's service capacity. 2 JUL-20-1995 08:27 NAC 612 595 9837 P.05/08 4. The planning report dated 20 June 1995, prepared by Northwest Associated Consultants, Inc., is incorporated herein. 5. On 5 July and 19 July 1995, the Otsego Planning Commission conducted a public hearing to consider the proposed rezoning preceded by published and mailed notice. Upon review of the rezoning application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council approve the rezoning based on the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinances, the applicant's request to rezone that property legally described in attached Exhibit A from an A-1, Agricultural Rural Service Area Zoning District designation to an R-3, Residential, Immediate Urban Service Area zoning designation is approved in its present form. ADOPTED by the Otsego City Council this 24th day of July 1995. CITY OF OTSEGO By: Norman F. Freske, Mayor ATTBST: By: Elaine Beatty, City Clerk/Zoning Administrator 3 JUL-20-1995 08:28 NAC LEGAL DESCBI MON 612 595 9837 P.06i08 That part of the SW 1/4 of the SE 1/4 of See. 16, T.121, R.23 Wright County, Minnesota lying east of Odean Avenue NE and lying south of centerline of Wright County Highway No. 39, except the south 621.82 feet and except the east 637.95 feet thereof. JUL-20-1995 08:26 NAC 612 595 9837 P.07/08 ORDINANCE NO. 95 - MY OF OTSEGO COUNTY OF WRIG11T, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINAN(M OF THE CITY OF OTSEGO TO PROVWE FOR A CHANGE IN ZONING CLASSIFICATION. THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS AS FOLLOWS: Section 1. The official zoning map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the following described property: See Attached Exhibit A Section 2. The above described property is hereby rezoned from an A-1, Agricultural Rural Service Zoning District designation to an R-3, Residential, Immediate Urban Service Area District zoning designation. Section 3. The Zoning Administrator is hereby directed to make appropriate change in the official zoning map of the City of Otsego to reflect the change in zoning classification as set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this 24th day of July 1995. CITY OF OTSEGO By: Norman F. Freske, Mayor ATTEST; By: Elaine Beatty, City Clerk/Zoning Administrator JUL-20-1995 08:29 NAC LEGAL DEB MIMON 612 595 9837 P.08/08 That part of the SW 1/4 of the SE 1/4 of Sec. 16, T.121, R.23 Wright County, Minnesota Iying east of Odean Avenue NE and lying south of centerline of Wright County EUghway No. 39, except the south 621.82 feet and except the east 637.95 feet thereof. TOTAL P.08 Hakanson Anderson Assoc., Inc. July 18, 1995 Elaine Beatty, Clerk City of Otsego 8899 Nashua Avenue Otsego, MN 55330 RE: Vantatenhove Estates Preliminary Plat 222 Monroe Street Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3401 COCUf"ENT HAS BEEN COPIED & DISTRIBUTED T0: f." AYOR COUNCIL CLERK PLANNER ATTORNEY_ ENGINEER _ PC EDAAC PKS & REC BLDG INSP OTHER DATE We have reviewed the revised document and data provide us on July 17, 1995 and offer the following comments: 1 . It appears that adequate storage is provided in the 4.7 ac -ft shown. 2. At this point in the development of storm water drainage program, it perhaps is not significant as to what watershed the property is located. If the impact fees are not charged the development in the developers agreement, then the City can still construct the needed trunk facilities under the tax district or assessments. This property should in the future be assigned to the North Mississippi Taxing District. 3 4 5 6 7 The culvert sizing meets the capacity of the outflow in the future as required. Drainage swale grades are adequate and are an extension of the stormwater ponding requirement. Rip rap requirement is met a shown of revised plan Wetland certificate of exemption is provided and concurred with by our firm. Street name has been corrected. En,jineers Landscape Architects Survevors Elaine Beatty Page 2 July 18, 1995 8. It appears the cul-de-sac is shown as required. The final plan will require more detail than shown. 9. Cul-de-sac is shown extended to the property line. 10. Note on plans refer to access located from Lot 1, Block 1 and Lot 1, Block 2 as required. 11. Note on plans refer to no access directly into Odean Avenue and CSAH39. 12. Note on plans refer to easement rights to control vegetation or tree growth under the power lines. 13. Street light location was not shown, however, location at the intersection will be determined by Elk River Utilities. 14. Soil report by E.C.O. on septic tank/drainfield system is adequate. 15. Letter from UPA furnished by Meyer Rohlin refers only to the proposed culvert pipe being placed in the easement. There is no indication from the recorded easement right about placement of the items mentioned in of our letter of June 29, 1995. We therefore assume that no activity is permitted in the easement by the owner without permission of UPA. 16. Wright County Highway Department have not commented to date. 17. Development plan with garage floor elevations are shown. 18. Proposed grading and drainage plan shows future lot split for ultimate development when municipal services are available. We would recommend approval of the proposed preliminary plat conditioned on favorite response to the items in question. Elaine Beatty Page 3 July 18, 1995 I will attend planning commission on July 19, 1995 to review the issues with the members. Yours truly, HAKANSON ANDERSON ASSOCIATES, INC. enq/e V. Koshak, PE jlg cc: Planning Commission Bob Rohlin, Meyer Rohlin, Inc. George Vantatenhove, Developer OT2122.wpd uPA► United Power Association T P.O. Box 800 . E:k River, MN 55330-0800 . (612) 441.3121 July 12, 1995 Robert Roblin Meyer -Roblin, Inc. 111 Hwy. 24 N. Buffalo, MN 55313 Subject: RCP Culvert at C.R. 39 and Odell Ave. Dear Mr. Rohlin: The RCP cub ert at UPA's structure location looks OK. It appears that the purpose of the culvert is to maintain grade at the structure. Please Iet me know if this is not the case. Thank you for notif�-ing UPA. Sincerely, UNITED POWER ASSOCIATION `Gary Ostrom, SR,'WA Sr. Field Representative Land Rights G0:go,co-rdmov.1tr DIRECT DIAL ---612/241-2377 FAX --- 612/241-24SS �I'�~.l4�'J»lS�Y1S1TjEtJIS� ECO SYSTEMS ENGINFERING. TNC. TO: Lar7y Koshak, Elaine Beatty, George Vantatenhove, Bob Rohlin FROM: Peter Miller, Eco Systems Engineering RE: Soil Analysis on Proposed Vantatenhove Estates 333 Faa1 lAnir Cir P.O. Bc+x 388 Elk River. 1AN 1,5' (612) •141 75()'-' Fax- (612) 4.11-91 7/12/95 As requested by Larry Koshak soil borings were performed at the proposed Vantatenhovi Estates for the acceptability of the land for septic system drainfields. Four borings were cornpletc on the property and their approximate location is given on the attached survey and profile descriptions are attached.. The soils found are representative of the Hubbard series for Wright County. '171ey are generally well drained sandy textured soils Mth a water table greater titan six feet. Most of the to will work well for gravity fed drainfield systems. Some of the lots, mainly closest to Odean Avenue, may need a lift station to place the drainfield at a high spot on the lot where we can achieve a three foot groundwater separation. It would appear drainfield sizing would be between 600-1000 square feet depending on it type of house being constructed. We can assume percolation tests Rill give results of a fast p.:rc rate. We can compensate for the fast perc rate by installing four trenches of equal length, ensuri the drainfield will be in compliance with M.P.C.A. rules chapter 7080. If you have any further questions please feel free to give me a call. I would be happy to design septic systems for anyone of the proposed lots. Sincerely, IP/& Peter Miller Certified Site Evaluator .42341 �.-i _rte _ �. i r• '�� 7-^ 4�•:. ..PP "��:t 1,� 'P`y�yn'-•_"r �.N+�_ r._' �. �v1�.raY+�. / •I d'/!• ' 1 V• 1..4 Jf1• 111 VA w'V� -,►/A `/1. \ ` ``` -= "y'•' ••� ^ d 44 r C'U's' 1��f ` ,►•� •- 1. .1C �. i --1 -,�V• :.�) ll.. 'fit .i f _�.••"w •l �►r � �'� _ A. y a ,,,A fr 43.5;4SJ : _ •., ,N.rt to t:. l u t I Iii n q , * - �t ' NA*" by a* i,ct"4:k lisle\ .t ' �� L�• 1.J.\G � +� txvo Uu)ity & � � - _,� 111 'n`�. Caae�nr V • �1-� � 1 � - ., , treet cLsb nM sill \ '� '� �� J fi t �`� \, ' i ; t •i '�•:� � .gyp 1 .,� L'`SAO • t n I rt4M 1 1 1 • I t �/ q r NPOCAL ORCH/*M iAftA X 3'W AL iempowA" tum-around i. 1 J CONOWUCI ar,.n.v..... at Ibm �.1 ate. I 1.0 AC_ jo � 4.?:564 5-F.. rALO 's v a %': r.t1�•:.r .:�svmrnt f I.0'1l_.' • I O �t -r • /7 t '()fill ty �k !if7Vlsyf t"�1MPJiRT17 -�' • I • I '� ' i ca Anrn oimatA Soil Boring Location f 313 EaS1 Mnin S!+P r o. Box P$ Elk River. t.!tJ 553: (612) 447509 1 .tom'" S�YLS�TjEtylSa� (80n)554-7509 ECO SYS1FffS t 41,11 f-Enit)(1. MC. I Fax: (612) 441 91 LOG OF SOIL BORINGS PROJECT FOR: LAST NA14E:VANTATENHOV£ FILE NUMBER: S95GO14 FIRST NAHE:GEORGE BORING # 1 ADDRESS:4300 WILLISTON ROAD CITY:MINNETONKA 144 55345 COUNTY: LEGAL DESCRIPTION OF PROJECT LOCATION: VANTATENHOVE ESTATES. CITY OF OTSEGO, WRIGHT COUNTY BORINGS PERFORMED BY: PETER 14ILLER DATE OF BORINGS:07-11-95 TYPE OF AUGER USED. -4" HAND DEPTH OF BORING:72" MOTTLED SOIL FOUND AT -NO BORING FINDINGS: CLASSIFICATION SYSTEt4:USDA-SC WATER TABLE FOUND AT:NO 00-40" VERY DARK BROWN (10YR 2/2) 40-54" BROWN (10YR 4/3) SAND 54-72" BROWN (10YR 5/3) GRAVELLY SAND SOIL BORING #1 WAS DONE ON LOT 1. BLOCK 2 INFORMATION IS CONSIDERED TRUE AND ACCURATE. c DATE:07-11- PETER HILLER IAN. STATE CERTIFIED SITE EVALUATOR CERTIFICATION # 2 (� I 333 Fait fJlnin $Ira no, Box 338 BROWN (10YR Elk fiver. 1AN 553' S1YS�•t�4'�' TE►AS — 10-26" (t;' 2) 441 7..;09 (800) 594.7509 FCO RYS1EIdR F.tICigJEERIt:(;. INf Fax' (612) 4,11-917 LOG OF SOIL BORINGS PROJECT FOR: LAST HA14E:VANTATENHOVE FILE NUMBER: S95GO14 FIRST NAME:GEORGE BORING # 2 ADDRESS:4300 WILLISTON ROAD CITY:1dINN£TONKA MN 55345 COUNTY: LEGAL DESCRIPTION OF PROJECT LOCATION: VANTATENHOVE ESTATES, CITY OF OTSEGO, WRIGHT COUNTY BORINGS PERFORMED BY:PETER MILLER DATE OF BORINGS:07-11-95 TYPE OF AUGER USED:4" HAND DEPTH OF BORING:84" MOTTLED SOIL FOUND AT:NO BORING FINDINGS: CLASSIFICATION SYSTEI4:USDA—SC` WATER TABLE FOUND AT:NO 00-10" DARK BROWN (10YR 3/3) LOA11Y SAND 10-26" DARK YELLOWISH BROWN (10YR 4/4) SAND 26-43" DARK YELLOWISH BROWN (10YR 3/4) FINE SAND 43-60" YELLOWISH BROWN (10YR 5/4) 60-72" BROWN (10YR 5/3) GRAVELLY FINE SAND 72-84" BROWN (10YR 5/3) GRAVELLY SAND SOIL BORING #2 WAS DONE ON LOT 3, BLOCK 2 INFORMATION IS CONSIDERED TRUE AND ACCURATE. P. V, , N- DATE:07-11—` PETER 14 L 144. STATE CERTIFIED SITE EVALUATOR CERTIFICATION 4 23, — -- 333 East 1Arnin Sdec P O Box 2,49 IElk River. MN 55332. �S;Y1S�TEtY1S��'..�� . (612) 441 75r+9 1200) 554 7509 EGO SYS IFMS E:IGII:FF.RING. VIC Faze (612) 441 917E LOG OF SOIL BORINGS PROJECT FOR: LAST NAHE:VANTATENHOVE FILE NUHBER: S95GO14 FIRST NAME:GEORGE BORING # 3 ADDRESS:4300 WILLISTON ROAD CITY:IAINNETONKA 14H 55345 COUNTY: LEGAL DESCRIPTION OF PROJECT LOCATION: VANTATENHOVE ESTATES, CITY OF OTSEGO, WRIGHT COUNTY BORINGS PERFORMED BY:PETER MILLER DATE OF BORINGS:07-11-95 TYPE OF AUGER USED:4" HAND DEPTH OF BORING:100" 140TTLED SOIL FOUND AT:NO BORING FINDINGS: CLASSIFICATION SYSTEM. -USDA -SCE WATER TABLE FOUND AT:NO 00-10" VERY DARK BROWN (10YR 2/2) LOAMY SAND 10-22" DARK BROWN (10YR 3/3 LOAMY SAND, SOME GRAVEL 22-48" DARK YELLOWISH BROWN (10YR 4/4) FINE SAND 48-60" BROWN (10YR 4/3) SAND, 10% COARSE FRAGIIENTS 60-72" BROWN (10YR 5/3) FINE SAND 72-90" DARK YELLOWISH BROWN (10YR 4/6) FINE SAND 90-100" LIGHT BROWNISH GRAY (10YR 6/2) FINE SAND SOIL BORING #3 WAS DONE ON LOT 4. BLOCK 1 INFORMATION IS CONSIDERED TRUE AND ACCURATE. DATE:07-11-9 ETER MILL HN. STATE CERTIFIED SITE EVALUATOR CERTIFICATION # 234 -- 333 F-isl ?A in Sire- fO Fox ?F8 I EI! R'v(•r. imi 55?? a. .'• .F+' -a• ,y .+y%tY•' '.i •t, 1612) 4.11-F,C9 i Sal SiJT E M' —� (800)551 509 ECO S rS1E)1S EN 11JEEniNo,, vic Fax (C12) 441 -91' LOG OF SOIL BORINGS PROJECT FOR: LAST NA1iE:VA17TATE17HOVE FILE NU11BER: S95GO14 FIRST NAtiE:GEORGE BORING # 4 ADDRESS:4300 WILLISTON ROAD CITY:14INNETONKA fin 55345 COUNTY: LEGAL DESCRIPTION OF PROJECT LOCATION: VANTATENHOVE ESTATES, CITY OF OTSEGO, WRIGHT COUNTY BORINGS PERFORMED BY:PETER MILLER DATE OF BORINGS:07-11-95 TYPE OF AUGER USED:4" HA17D DEPTH OF BORING:100" MOTTLED SOIL FOUND AT:72" - 80" BORING FINDINGS: CLASSIFICATION SYSTEM:USDA-SC: WATER TABLE FOUND AT : 110 00-10" VERY DARK BROWN (10YR 2/2) LOAMY FINE SAND 10-36" DARK BROWN (10YR 3/3) LOAMY FINE SAND 36-42" DARK YELLOWISH BROWN (10YR 4/4) FINE SAND 42-58" BROWN (10YR 4/3) FINE SAND 58-72" YELLOWISH BROWN (10YR 5/4) FINE SAND 72-80" GRAYISH BROWN (10YR 5/2) LOAMY VERY FINE SAND WITH FEW DISTINCT (7.5YR 5/6) BOTTLES 80-100" GRAYISH BROWN (10YR 5/2) SAND AND FINE SAND SOIL BORING #4 WAS DONE ON LOT 2, BLOCK 1 INFORH ATION IS CONSIDERED TRUE AND ACCURATE. 0, wl DATE:07-11-S PETER HILLS 1117, STATE CERTIFIED SITE EVALUATOR CERTIFICATION # 224 27. Eaocmcnt Dated Mar. 13, 1960 Ree. June 10, 1960 at 11 P.M. Book 37 of Mise., page 412 file No. 251133 John A. 14ioenhelder, unmarried Consideration - 31. & og & vc. Wit. 1 Signed properly to Ack. ,gar. 13, 1960 before Gordon Gerling, NP, Morrisor Co., Minn. 2/5/75 Seal United Pov;cr Association Grant to United Power Association, its successors or assiF;•ns, the right -to enter upon: The SW- of SE-� of Sec. 16-121-23, and to construct, operate and maintain thereon, and in or upon all streets, roads or highways abutting nai.c lands, an electric trannininsion line or system consisting of multiple pole wood structure Grant includes right to cut down, trim or in any manner eliminate all trees, shrubbery or brush to a distance of 75 ft. on either vide of said line, and further to cut down from time to time all other dead, weak, leaning or dnngerour trees that are tall enough to strike the wires in falling. Association agrees to pay undersigned, when construction of line or nyotcm is corrmenccd, on above dent. lands, the further sum of 5250.00. Assocint: agrees to pay a reasonable num for any damage caused to crops or fencos by the constructi operation, maintenance or repair of said line or system. All facilities instnllcd and pl the Ancociation on said lnndu ahall renin the property of Assoc., removablo at tho option n�;�r•int.inn.� 4t,ntn nnncl Tnx 52.20 paid 110. Pnr•tinl Release of Easement Dated Dec. 13, 19711 Ree. Dec. 19, 19711 at 9 A.M. Book 56 of Sata . , pages 71111-7115 File 11o. 295059 United Pc..,er Association Consideration $1. & og & vc. Wit. 2 Signed properly by Philip 0. Martin, Its General to Manager Corp. Seal Ack. Dec. 13, 19711 before J. Patrick Cairns, NP, John A. Misenhelder Benton Co., Minn. 7/15/75 Seal Hereby release: The SWi; of SE of Sec. 16-121-23 excepting therefrom the North 1110 ft. thereof, frcxn casement dated Mar. 13, 19611 and rec. June 10, 1968 in Dook 37 of ldisc., page 1112. As to the lands herein excepted all rights acquired by Grantor by said canemez herein desc. are hereby expressly retained and reserved unto Grantor, its successors and assiUns. to to the land hereby released, Grantor hereby reserves unto itself and success the right to cut down or trim trees - also right of ingress and egress fr an its right of way over and across lnnds hereby released - - - - Hakanson Anderson Assoc., Inc. .lune 29, 1995 Elaine Beatty, Clark City of Otsego 8899 Nashua Avenue Otsego, MN 56330 RE: Vantatenhove Estatcs Dear Elaine: Z22 Monroe Street Anoka, MinnC.scjtA 55303 612/427-5860 Fax 6I2/4Z7-3401 Hakanson Anderson Associates, Inc, has reviewed the above referenced preliminary plat and offers the following. The southwest corner of the plat has an existing low area which acts as a natural stormwater retention pond. The existing pond volume is :t 3.87 AC -FT to elevation 881. The proposed pond volume is t2-18 AC -FT (including ditch storage) to elevation 881. The proposed pond and ditch volume should be increased to a minimum of the historic size, plus the additional volume should be added due to development_ The proposed plat lies within the Hall's Pond Taxing District. Upon development the majority of the stormwater run off will flow into the North Mississippi Storm Sewer Taxing District. The plat will then need to be transferred from Hall's Pond District to North Mississippi District_ In order to pay for future trunk Facilities to serve development, the City has ordinances in effect to charge the developer an upfront amount for their portion of the future cost. The cost of the trunk facilities has not been determined or set by City Council. The other option for the City io fund the construction of trunk storm sewer systems is through assessments to the benefited property or taxing through the storm sewer district. It Is our recommendation that the developer Lm charged a fee for these facility at the time of development. Engineers Landscape Architects Sur veyars Elaine Beatty Page 2 June 29, 1995 • Drainage calculations performed for the site and pond were completed without consideration for offsite stormwater. The routing calculations should be performed considering the following data: 100 year Inflow from west 15.2 cfs 100 year Outflow under culvert on CSAH39 Bess Vantatenhove flow) 16.2 cfs • The drainage swale grades are very flat. These swales will act as an extension of the stormwater pond. This is adequate for this application. • Rip -rap is depicted at both the upstream and downstrearn ends of the proposed culvert. Sod is adequate at the upstream and. • The low area should be reviewed to determine if it is a weltand. • Odell Avenue should be corrected to Odean Avenue on all plan sheets. • The cul-de-sac should be constructed as a typical street section, with flow lines extended from the actual street section at 15' from centerline. The "wings" of the cul-de-sac would then be sloped up at a 19/6 grade. This will allow for a portion of the cul-de-sac to be utilized during the future extension of the roadway. The roadway (cul-de-sac) should be extended to the property line. • Access to Lot 1, Block 1 and Lot 1, Block 2 should be located as for cast as practical. • Direct access to Odeon Avenue and CSAH50 should be prohibited. The location of the tree buffer along the north property line should be subject to review by United Power Association personnel. • The location of the 82nd Street and Odeon Avenue intersection appears adequate. • A street light should be placed at the proposed street intersection. Elk River Utilities will place the light when requested. Elaine Beatty Page 3 June 29, 1995 The developer has yet to provide a soils report on the ability of the soil in the area to support septic tankldrainfield disposal systems. The United Power Association easement which traverses Block 1 must be reviewed to determine how restrictive the easement is. The easement could affect available area for placement of wells or septic systems. Building setback lines, tree planting areas, etc. could also be effected. Any restrictions which result from this easement should be noted on the plat. We would also require written permission to construct the ditch, place pipe or perform any other activity, under or within the power easement . Comments to be received from Wright County Highway Department on R.O.W. requirements on CSAH39. Development plan to be provided showing proposed and future building pads with designated first floor and garage floor elevation. Ultimate lot split plan to be provided for municipal sewer and water service. If you have any questions, please do not hesitate to call. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. La�/venci�GAoshak, PE jIg cc: Bob Kirmis, NAC Andy MacArthur, Radawill George Vantatenhove OT2122 ,T U L— 1 <3—<35 W E D 1 s--:3:3 W R I G H T C T Y P W B P. 01 p�?a WRIGHT COUNTY wnYlvr: n. FINt;AI ti()N, 1' DEPARTMENT OF HIGHWAYSHi�hWny 1?1r►rirlrY•r C,Kl•7:18R V M Wriglit County Public Works Duilding VIILGII. G. HAWKINS. P !Q 1901 Highway 25 North AaMatant Highwnv F rigill- 0 Buffalo, Minnasoca 55813 (Wj 7:1.'17 �y HIt:HARD K MAlttll IF:l-1 '!tgar, Jct. T. H. 25 and C. R. 138 Right of Wary Agent Telephone (612)682.7383 1;H1. TIM Facsimila (612) r42.7313 July 19, 1995 t**•krr♦t14*******w*******rw**** ** F A X T PI A N S M I T T A 1. M E M Mr. Bob Rohlin, P.E. T0: �t-E1Ac�NL� 73>r+4'tT�/ NO. OF Meyer--Rohlin, Inc. PEP1:�T orOC90-2 F4X � Z3 PAGES 1111 Highway 25 North FROM:Vrte64t. NA4J91h5PH0NE: Buffalo, Minnesota 55313 Co:l,U0te-slr Co-jti►!21 FAX#: Postdt"'brand fax transmittal Mom 7671 RE: Vantatenhove Estates Preliminai City of Otsego,*Minnesota Dear Mr. Rohlin: We have completed our review of the above mentioned preliminary plat and offer the following comments. 1. It is our understanding that the proposed culvert located to the north of lot 3, block 1, was necessary because ditch grading around the existing power poles was not possible. You indicated that this will not be used for access in the future, and this is stated as such in the developers agreement with the City. The County requests a copy of this agreement for our records, as an access at this location will not be permitted by the County onto CSAR 39. 2. A permit will be required for any grading work that will occur within the CSAH 39 right-of-way. 3. Grading, drainage, and street design aspects of this plan should be reviewed by the City of Otsego Engineer for conformance with City Standards. Please forward a copy of this review to us for our records. Please call me if you have any questions regarding these review comments. Siinccerely, Virgil G. Haw ins, P.E. Assistant County Engineer cc: Wayne Fingalson, County Engineer Larry Koshak, City Engineer Elaine Beatty, City Clerk Equal Opportunity / Afrrmatim Artinn Employer rAN C Northwest Associated Consultants, Inc. C O M M U N I T Y PLANNING 9 DESIGN 9 MARKET R E S E A R C H PLANNING REPORT TO: FROM: DATE: RE: FILE NO: EXECUTIVE SUMMARY Background Otsego Mayor and City Council Bob Kirmis/David Licht 18 July 1995 Otsego - Long Haul Trucking - Final Plat 176.02 - 95.09 Mr. John Daniels, on behalf of Long Haul Trucking, Inc., has requested final plat approval of the five lot "Otsego Industrial Park" subdivision located south of Interstate 94 and west of Kadler Avenue. The subject 35 acre tract was recently rezoned from A-1, Agricultural Rural Service to an I-2, General Industrial designation. Attached for reference: Exhibit A - Site Location Exhibit B - Approved Preliminary Plat Exhibit C - Final Plat Exhibit D - Storm Water Management Plan Recommendation Based on the following review, our office recommends approval of the "Otsego Industrial Park" final plat subject to the following conditions: 1. Direct lot access from County Road 37 to Lot 1, Block 1 and Lot 2, Block 2 is prohibited. 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 2. Direct lot access to Kadler Avenue from Lots 1 and 2, Block 2 is prohibited. 3. Per County recommendation and at the applicant's cost, turn lanes and a bypass lane are constructed upon County Road 37 proximate to its intersection with Jansen Avenue. This issue shall be addressed within the subdivision's development agreement. 4. All proposed drainage and utility easements are found to be acceptable by the City Engineer. 5. The submitted "Storm Water Management Plan" is subject to review and approval by the City Engineer. 6. The applicant demonstrate "no impact" upon the wetland which exists on the subject site. 7. Park and trail requirements, as determined by the Park and Recreation Committee, are satisfactorily met. 8. The applicant/developer enter into a development agreement with the City and post all the necessary securities required by it. 9. Comments of other City staff. ISSUES ANALYSIS Lots. The submitted final plat illustrates five lots ranging in size from 3.03 to 8.93 acres in size. In consideration of the preliminary plat, it was recommended that Lot 2, Block 2, as illustrated on attached Exhibit B, be reconfigured such that its side lot lines radiate from Jansen Avenue. This condition of preliminary plat approval has been satisfied. All proposed lots have been found to meet or exceed the following I-2 lot requirements: Lot Area 2 acres Lot Width 200 feet As required by Ordinance, the applicant has demonstrated a manner in which the proposed lots may be resubdivided at some future point (see Exhibit D). 2 Setbacks. The submitted final plat demonstrates an ability to comply with minimum I-2 District setbacks as listed below: �.nuire Setback From County Road 37 65 feet Front Yard 35 feet Side Yard 20 feet Rear Yard 25 feet Streets. Right -of -Way Width. In conformance with City subdivision requirements, an 84 foot right-of-way has been proposed for the subdivision's interior street (Jansen Avenue). County Road 37. As required by the Wright County Highway Department, a 50 foot right-of-way dedication (from centerline) has been provided for County Road 37. To safely accommodate vehicular egress/ingress into the subject property, the installation of turn lanes and a bypass lane has also been recommended by the County. Costs of such improvements shall be the responsibility of D the applicant. This issue will be specifically addressed within the development agreement. As a condition of final plat approval, direct lot access to County Road 37 shall be prohibited. As such, access to Lot 1, Block 1 and Lot 1, Block 2 will be allowed only via Jansen Avenue. This issue will be addressed in the subdivision's development agreement. Kadler Avenue. As a condition of final plat approval, access to Lots 1 and 2, Block 2 shall be prohibited. This issue will be specifically addressed within the subdivision's development agreement. Street Name. In accordance with the City's street naming plan, the subdivision's interior street has been named "Jansen Avenue". Easements. As required, drainage and utility easements have been established along all lot lines. Additionally, drainage easements have been established over the property's ponding and wetland areas. As a condition of final plat approval, such easements must be judged acceptable by the City Engineer. Grading and Drainage Plan. As a condition of final plat approval, the submitted storm water management plan must be subject to approval by the City Engineer. 3 Wetlands. As shown on Exhibit C, a wetland exists in the extreme northeast area of the subject property. As a condition of final plat approval, the applicant must demonstrate "no impact" upon the described wetland. Park and Trail Dedication. The proposed subdivision should be subject to review and recommendation by the Park and Recreation Committee in regard to park/trail dedication. As a condition of final plat approval, the applicant will be required to satisfy City park/trail dedication requirements. Development Agreement. As a condition of final plat approval, the applicant will be required to enter into a development agreement with the City and post all necessary securities required by it. CONCLUSION Based on the preceding review, our office recommends final plat approval of the "Otsego Industrial Park" subdivision subject to the conditions listed in the Executive Summary of this report. PC: Elaine Beatty Larry Koshak Andy MacArthur Dan Wilson John Daniels John Gries Jeanne Whitish Roger Anderson 2 C`/UIM I- A C,,' t I f", I- A i NOTE :Avg PLAT APPROVED SUBJECT TO CONDITIONS. SEVERAL \OF WHICH NECESSITATE DESIGN MODIFICATIONS. SCALE ]N FEET 100 0 100-2 0 yam\ I' I . trc ,�• \"•" f'h• 1-+:t \\ 4099 70 L91-3 AREA L�' "`° w TL Iwb6 PR z vus LOT 2 > A A DAT / _ .�. row A ZONE 3 A. , p ra.a eceeao . u w Y'y rAl l.ao� •� IW ,, � Av • ao+ •acv. tw. * � �� n.._ a I I Q 1 ' LOT 2 ! I. cj I AREA= 4.6 ACRES ✓ ;---------: 11 ------- IIs + 0 1 A1 Ila a I�'Il LOT 1 's I 6 ACRES I I" I :----- ------ t Z.: I-1 ZONE 0 1 �x{ Io 2 ISI w I ONS I Q I AREA= 3.1 ACF�eES_ >t I� • ►gOSt9 MOOR -f MdA L-" 1 I D r ---------- --------------- 971.3 ------- .-171.7 �^ _ 1096.8E �' � 61 cY.co�sa7. _-- --'_. ,•c s>Mw `K trT tniirwz7 EXHIBIT B - APPROVED PRELIMINARY PL. .'n \ Iri�T \ '�•l�T+ n, ck- rf!\ T I I4rsO1/r\ n I ��r r\ \ • '• �S�n I `• e�spl `\ S s rc C, -%(9, \Y'7 ,\ T 1h 03 0, 149 1 91 1---oR /7'y 1 S1. S oI / / I 1.1 I (d CO .- .0 1/ \wry Ul WUTLrrY AND O ORANACEQ�f 1 JJ O EASEMENT /> p, qi \` r`�o, O %,o ami 11 6400 CN __�.__--; CN7.I O\' _ __ _ _--� O 291 OI -N E- - - E 422-32 _ _0•ao O 1- -•' �_ -� ul) O I N ! - - - - UTLjTY AND I O Z Jo I ; < i e- 21.38' 1 1" SANT 1 W m N 13.27 I GE m 1 L- 120.48 EASEIAE ij I 2 5g. F 1 4 1 42 1 I W 1 57.98 1 2 A I II>wI I R-315�' 1 S.13-27, I<. I A-13•'� '0 1 57.98 S8�� K' II O 1 L-74. 37158i $ R- II 33 pI 231.00 Joi r o 1 e-13.27'58" l Q 41.56 I �° a L'-54.29 50 p N 89.42' 10" E 1 0 L- - - - - - - - - - - - - - - - -I II - - - , all 0 -- — — — —— 400.01 I �I N VII I Y I I I 1142.12 -- — -- — 1---------__T +- I i 1 ZI IN I�Lj I mW IioutI I IP1 II �I I$ WRIGHT-HENNEPIN COOPERATIVE ELECTRIC < L :I I $ 1 EASEMENT per doe. no. 370385 �,,' " {l I I I I•Z 1 NSP ELECTRIC TRAN9l59ON AND OWREWION I u- 1 I _ EASE►ENT PER FINAL CERT. DOC. NO. 1 -------- _ - -------- -�---- - - - - — I 400.01 42 raz 625.13 _�___J 3J I--------------- ! '-- 50.00 65TH 442.01 m STREET R 700.13 -•-•-.-' i ` A LI - - - - S 89°42' 10" W 1142.14 _�- -- ,�' --• '— -- -- _—. THE EAST QUARTER CORNER SEC. 34- THE 4-THE SOUTH L E OF THE NORTHEAST (FOLM CAST RON NOMIENT) QUARTER SEC. 34, T. 121, R. 24 EXHIBIT C - FINAL PL. INT •`9•ID �O/L ``` `\ \`\ SCALE IN FEET \ \\ \ 1040 0 100 200 \ -,_.. -_97➢ •_---•970 � � ' / - ----- I - - ! l i _ - •�-970 _-- _ LQT__3- . -_•IAREA- \ ra \ 608 AC ��, �/ t METLANDS \ \ TEMP. CyI-DE-S^O 96 � Ldp`. \ •{( I ; I . as ra v LOT 2 • I r v ,r n .ir 3 11 \ \ MEA- 9.3 04 1 • i�-1 I w wrn an P= A DATA DA.w.a .0Asm aO pow"A Tmm � � • o 0-sw .,* )vs r I I Ma 9a100 {Writ) 1 ' \--''------ -•- , Mrl - MI.O � V -- •-- q0 igrl0l - Y1.10 - _ _J — .un..ai 70' E ) I I I awan� .uca II \ — aata-rr LOT 2 ' -''v ; ,. o.rr - arrota �. AREA- 4.7ACRE5 ---------- V l w r„vo. oav mi.w •{ ; i t I , o'-----r-----+•. - - LOT 1 AREA- S93 AL ILL =Z_-__--- -- '1- , CA! UNES V I III I t•.Ic---------------- V.,.. IZ -' LAN LOT 1 Q RIG(T TURN E-AND-PA8r&NG I I MEA- J0.3 ?LANE REQUESTED BY COUNTY. 'i 1 (MNDOT STANDARD I er ELECTRIC MT L,o �e ' �. { �• T 50, ACCEL LM1E DVERt(AD VINs 972 __------------ `- 1q — 12' PASSING LANE EXHIBIT D - STORMWATER MANAGEMENT PL JUL 20 '95 11:11 HAKANc-'N ANDERSON Hakanson Anderson ASSUC., Ific- July 20, 1995 Ms. Elaine Beatty, Clerk City of Otsego 8899 Nashua Avenue Otsego, MN 55330 RE: Otsego Industrial Park Final Plat Dear Elaine: 222 Monroe Street Anoka, Minncsota 55303 612MV-5860 Fax 612/427-3441 We have reviewed the following data and plans sent to us by the Developer's, engineer, Roger A_ Anderson, PE. ■ Drainage Flow Routing Plan prepared over a copy of the Grading, Erosion Control and Stormwater Management Plan ■ Street Plan and Profile ■ Grading, Erosion Control and Stormwater Management flan ■ Set of Stormwater calculations ■ Cost estimate for construction of Jansen Street a Copy of final plat Upon review of the above materials, our comments and concerns are as follows: 7. Stormwater Drainage Routing We remain concerned about the routing the majority of the Stormwater to northeast area of the plat. This area consists ur a Wetland and the Railroad drainage ditch which drains north under the railroad tracks to the Interstate 94 Culverts. The culvert under tied railroad track is 12 inch RCP as reported by the drawings. Our concern is drat the pipe under the F%irieecs Landscape Archltec&, Surveyors P.1 JUL 20 195 11:11 HAKANF-N ANDERSON Elaine Beatty Page 2 July 20, 1995 railroad track would not be adequate to handle runoff from full development. The situation could cause temporary flooding in the area. We realize to direct the flow to the drainage culvert west of the plat to culverts under the railroad tracks and Interstate 94 culverts would require easements and an agreement with adjacent property owners. Acquiring rights to direct drainage to the northwest may require involvement of the City. The present plan of stormwater storage is adequate and we feel this plan will serve the plat as required. Further development in the area will require a more comprehensive storm drainage plan. 2. Stormwater Taxing District and Stormwater Drainage Impact Fee Recently passed ordinance allows for the City to place a fee on developers for future stormwater facilities. In the developers agreement the City can specify a fee amount to be paid by the developer for future trunk facility. The fees have not been determined nor approved by the City Council to date. The City's alternatives for making Improvements in the drainage system are through the Otsego Creek Taxing District or by assessments. 3. Drain Tile The developers agreement Section 16 related to the concern of the City Staff about the farm tile drainage system. The City must be relieved of any agreements between the landowners on the issue of tile lines. Any drainage system that is approved by the City will W include the the linea or flow from those lines as part of the system. City docs not wish to be responsible for broken tiles and repair of such. Should any time the tile traverse under road right of way the tiles must be identified and encased in a steel carrier pipe or by other means to prevent damage to the lines. 4. The Final Plat was reviewed for easements. Kadler Avenue legal description was also reviewed on the plat and we concur with the P.2 JUL 20 '95 1112 HAKANr `1 ANDERSON Elaine Beatty Page 3 July 20, 1995 description shown. Based on this review we find the easements as required. 5. The developer has not, to our knowledge, provided the Wetlands Conservation Act certificate of exemption or compliance or no loss form. 6. A soils engineer report is necessary to determine the design section of the street. 7. Radii at the intersection with the County Road should be thirty (30) feet minimum. These are not shown on the plan. 8. Culvert pipe shown an Grading Plan is not shown in plan and profile at station 9 + 00. 9. A construction details needs to be provided for the cul-de-sac and erosion control devises. 10. Highway bypass Ione R.O.W. for south side of CSAH37 may be limited for construction_ Will the County acquire additional R.O.W.? 11. There needs to be a note on all plan sheets referring to the Standard Specification for Street Construction for Developers dated March 1995. These specifications shall be compiled with while constructing the facilities to be owned or maintained by the City. 12. Refer to our correspondence in the Preliminary Plat dated May 26, 1995 and June 5, 1995 for additional items or concern. 13. Developer is required to submit a street lighting plan and varify an agreement with Wright -Hennepin Cooperative on the lighting services. 14. We concur that the estimate costs of £165,185.00 to be adequate to construct drainage facilities and streets as shown on the plan. With the condition that all items are complied with we recommend approval of the final Plat and grading and drainage plan dated latest revision July 7 and 14, 1995. P.3 JUL 20 195 11:12 HAKANP " ANDERSON Elainc Beatty Page 4 July 20, 1995 P.4 A pre -construction meating must be held before the constn,ction begins and the final plans must be available and completed before that meeting. If you have any questions in the matter please contact me. I will be on vacation from July 24 thru July 30, 1995_ You may contact Kevin Kielb of our office during my absence. Yours truly, HAKANSON ANDERSON ASSOCIATES, INC. VincYajvkoshak, PE cc: Bob Kirmis, NAC Andy MacArthur, Radmill Law Office Roger Anderson & Association, Inc. Long Haul Trucking OT2110.6 William S. Radzwill Andrew J. MacArthur Michael C. Couri July 20, 1995 RADZWILL LAW OFFICE Attorneys at Law 705 Central Avenue East PO Bax 369 St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) City Council Members City of Otsego c/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 RE: Lots of Record- Proposed Ordinance Amendments Dear Council Members: Enclosed please find two copies of the proposed changes in the Zoning Ordinance which went to public hearing on July 19, 1995. The first copy is bolded and outlines the changes to the original ordinance language. The second is a clean copy for possible action by the Council. The amendment includes minor changes in wording suggested by the Planning Commission which are acceptable to me. I will be available at the regular Council meeting on July 24 to answer any questions you may have. Very truly yours, Andrew J aAr r RADZAILL LAA OFFICE Encls. cc: Bob Kirmis, NAC Larry Koshak, Hakanson Anderson CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 20-2-2, 20-15-2, AND 20-16-3 RELATED TO THE DEFINITIONS OF LOT AND LOT OF RECORD, NON -CONFORMING LOTS OF RECORD, AND PLATTED AND UNPLATTED PROPERTY Section 1. Sections 20-2-2, Definitions, "Lot" and "Lot of Record," Sections 20-15-2, Non -Conforming Lots of Record, "A. Vacant Lots," and Section 20-16-3, Platted and Unplatted Property, "E" and "F" are hereby amended to read as follows: Section 20-2-2, Definitions. Lot: A parcel or portion of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required ..... - ve.."Trontage --on an improveca public s Lot of Record: Any lot which is legally established according to applicable regulations at the time of its creation, which is one Ism. of the snalTest divisible units of a plat heretofore duly d filed or ones -rt v<:»te..::::<.5:;txXL of approved an :...:... :... ......:.:::..:.: an auditor's outlot or a registered 1and-...survey, or a parcel of land not so platted, subdivided or registered but for which a deed, auditor's subdivision or registered land survey has been recorded in the office of the Register of Deeds or Registrar of Titles for Wright County, Minnesota, prior to the effective date of this chapter. Section 20-15-2: NON -CONFORMING LOTS OF RECORD A. Vacant Lots. 1. For the purposes of orderly development, a single-family dwelling and customary accessory buildings may be erected on non- conforming lots of record at the effective date of this chapter, provided that the fre eved pub-3-je right ef way previded that the frentage, depth and area measurements are at least eveve- 75 ) pereent o f the e f t distriet- where theuse is , L �-cr 1 .......................................................................::::v::::::.. �..::::..::::...::.:}}}}:C}}}:i is +:ti:`:i}fIi(T:^}}iiOVYvjtT:;:}':n::ti.•••�.v. f;M:4'i::{.}}T}}:M^}:•}•'•::0: :;:... w:.� :w:, �: ...::::::.� :::: tiCi}::•iii:i•:•}ii:i':;:;ii}}::::}jj::.t; :•::: i:::::::: }:::i: 'i'i'' v.�.....:. .:..:. •: v:� /1� Section 20-16-3: PLATTED AND UNPLATTED PROPERTY E. When a development is proposed which is to be located on two or more lots, and such lots are required to meet the minimum district area, and frontage, des requirements, and/or are required to accommodate the use'}'. "'.lots shall be combined in accordance with the city's subdivision ordinance, prior to the issuing of a building permit. 2 Section 2. This ordinance amendment shall become effective upon its passage and publication according to law. ADOPTED BY THE OTSEGO CITY COUNCIL this day of 1995. IN FAVOR: OPPOSED: Elaine Beatty, City Clerk 3 CITY OF OTSEGO Norman F. Freske, Mayor A CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. IL o AN ORDINANCE AMENDING SECTIONS 20-2-2, 20-15-2, AND 20-16-3 RELATED TO THE DEFINITIONS OF LOT AND LOT OF RECORD, NON -CONFORMING LOTS OF RECORD, AND PLATTED AND UNPLATTED PROPERTY Section 1. Sections 20-2-2, Definitions, "Lot" and "Lot of Record," Sections 20-15-2, Non -Conforming Lots of Record, "A. Vacant Lots," and Section 20-16-3, Platted and Unplatted Property, "E" and "F" are hereby amended to read as follows: Section 20-2-2, Definitions. Lot: A parcel or portion of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as herein required in the zone in which such parcel or portion of land is located. Such lot shall have frontage on an improved public street. In reference to parcels which are a combination of units of a plat approved prior to passage of this chapter, a lot shall be subject to lot combination requirements of this ordinance and will be construed to be all of that contiguous land held in one ownership. Lot of Record: Any lot which is legally established according to applicable regulations at the time of its creation, which is one of the smallest divisible units of a plat heretofore duly approved and filed, or one of the smallest divisible units of an auditor's outlot or a registered land survey, or a parcel of land not so platted, subdivided or registered but for which a deed, auditor's subdivision or registered land survey has been recorded in the office of the Register of Deeds or Registrar of Titles for Wright County, Minnesota, prior to the effective date of this chapter. Section 20-15-2: NON -CONFORMING LOTS OF RECORD A. Vacant Lots. 1. For the purposes of orderly development, a single-family dwelling and customary accessory buildings may be erected on non- conforming lots of record at the effective date of this chapter, provided: a. The lot fronts on an improved public right-of-way. b. The use of the lot is consistent with its current zoning designation. 1 C. Frontage depth and area requirements are at least seventy-five (75) percent of the minimum requirements of the district where the use is permitted. d. Unsewered lots have a lot area and soil conditions judged by the city engineer to satisfactorily provide for private on-site sewage treatment. If the owner has an interest in more than one lot of record contiguous to other lots of record, all such lots must be combined to meet the requirements of this section or the applicable zoning district standards. If sufficient contiguous property is held in one ownership to comply with the standards of the applicable zoning district, then those more restrictive provisions will apply. In no circumstances will there be approval of any proposal for multiple lot developments based upon lots of record, and not conforming with the provisions of the existing zoning district. Section 20-16-3: PLATTED AND UNPLATTED PROPERTY E. When a development is proposed which is to be located on two or more lots, and such lots are required to meet the minimum district area, frontage, and density requirements, and/or are required to accommodate the use, the lots shall be combined in accordance with the city's subdivision ordinance, prior to the issuing of a building permit. F. When two or more lots are located in the same residential district, or in the case of lots of record when located in any zoning district, one or more of which lack adequate area or dimensions to qualify for residential use under the current ordinance requirements, and are contiguous and held in one ownership, they shall be combined for use in order to meet the lot requirements by resubdividing the property in accordance with the subdivision ordinance. 2 Section 2. This ordinance amendment shall become effective upon its passage and publication according to law. ADOPTED BY THE OTSEGO CITY COUNCIL this day of , 1995. IN FAVOR: OPPOSED: Elaine Beatty, City Clerk 3 CITY OF OTSEGO Norman F. Freske, Mayor Wil i.zm S. Radzwill Andrew J. MacArthur fichael C. Couri July 17, 1995 Planning Commission City of Otsego c/o Elaine Beatty, 8899 Nashua Avenue Elk River, MN RADZWILL LAW OFFICL Attorneys at Law 705 Central Avenue East PO Bar 369 St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) Members City Clerk NE RE: Lots of Record- Proposed Ordinance Amendments Dear Commission Members: I have previously sent to your attention correspondence related to the proposed changes in the zoning ordinance related to lots of record. These amendments have been introduced so as to clear up various ambiguities within the zoning ordinance relative to these lots and the conditions under which they may be afforded some preexisting development rights. The object is to provide for the general health, safety, and welfare of the City and to provide for orderly and logical planning of the area. Although these amendments will not be a 100% cure for all potential problems related to preexisting plats they should serve to eliminate a great deal of these problems. The legal issues regarding these preexisting lots are numerous and complex. After I submitted this draft for consideration, the Planner's office suggested a couple of changes to the proposed amendments which they wanted the Planning Commission to consider at the public hearing and possibly in their recommendations to the City Council. These suggested changes are as follows: 1. NAC has suggested that Section 20-2-2, Definitions, "Lot" be further amended to add the following sentence, "Further, all lots will be subject to the lot combination requirements of this ordinance." I have no problem with this suggested change. 2. NAC has also suggested that Section 20-15-2: NON -CONFORMING LOTS OF RECORD, A. Vacant Lots, 1, b, be changed to read as follows: "Such construction adheres to the current zoning designation." I have no problem with this language. NAC further comments that there should be some language reflecting adherence with Comprehensive Plan density requirements. I think that such a reference would be ill advised. Letter to Otsego P.ianning Commission July 17, 1995 Page 2 3. Finally, NAC has suggested that secpion 20-15-2: NON -CONFORMING LOTS OF RECORD, A. Vacant Lots, 1, d, be changed to read as follows: Unsewered lots have lot area and soil conditions judged by the City Engineer to satisfactorily provide for private on-site sewage treatment." I have no problen with this suggested change. I have enclosed with this letter a proposed ordinance amendment which highlights the changes from the original ordinance language. If you have any questions or concerns please feel free to contact me. Very truly yours,,/ rew 1.11c th `urRADZWIL OFFICE Encls. cc: Bob Kirmis, NAC Larry Koshak, Hakanson Anderson CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 20-2-2, 20-15-2, AND 20-16-3 RELATED TO THE DEFINITIONS OF LOT AND LOT OF RECORD, NON -CONFORMING LOTS OF RECORD, AND PLATTED AND UNPLATTED PROPERTY Section 1. Sections 20-2-2, Definitions, "Lot" and "Lot of Record," Sections 20-15-2, Non -Conforming Lots of Record, "A. Vacant Lots," and Section 20-16-3, Platted and Unplatted Property, "E" and "F" are hereby amended to read as follows: Section 20-2-2, Definitions. Lot: A parcel or portion of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required uch lot siiaTl "Have frontageon an improved pu.......ic..,• s re :M.•::. ::::. Lot of Record: Any lot which is legally established according to applicableV regulations at the time of its creation, which is one :.. ::: plat ere o ore u ly 111 1 1 ` .::.\-.::•::::. �::. �. �::::. �:. �::...................... -........Y.iSi:?....::. ....... .: Y.•.:....:...: Y:. :::iii:i•;-:ri:::::. : ••::::: ...:.' 'v::.ri.}.:ii•iri•:.ii...:w':�}iii:�:v:�:-: i•: -v::::::: i:: ..:::ii:..:. ::': v:::. •::r O approved and filed, or one- of»:bhe::-ma:l: es:d3s;3k:e_::ur3 f an auditor's outlot or a registeredi'•i�larid*'""survey; or "a i`parcel� of land not so platted, subdivided or registered but for which a deed, auditor's subdivision or registered land survey has been recorded in the office of the Register of Deeds or Registrar of Titles for Wright County, Minnesota, prior to the effective date of this chapter. Section 20-15-2: NON -CONFORMING LOTS OF RECORD A. Vacant Lots. 1. For the purposes of orderly development, a single-family dwelling and customary accessory buildings may be erected on non- conforming lots of record at the effective date of this chapter, provided that the--�et fr-encs err -an pre=. -ed pubi' right-ef ay apr_evj:de-d1 that � L h and aaFea measur-ements are least } (7 GTPle� , +- ef -the ofj 3 r effl 1 - :.F the ........... ........... ........... ....v.. ...;.........:.....\................ .. .i.,.:?.�,yniiii}:{r;v,.y$:i?:•i:.ii:;:::'•:-;�'-:::i:i:i::.:::•:{•::-:i:C..,i... ii' ::. i{:;:•i::: ":it::.ii:•i::•:::.'-:::. a The...ot.rs�}tsor� ax�'pt�ve public z`ght...crf.::a' ..-;A.., .::....:.:::::........ .......... .:.. 1 Section 20-16-3: PLATTED AND UNPLATTED PROPERTY E. When a development is proposed which is to be located on two or more lots, and such lots are required to meet the minimum district area, aid frontage, ':0W �e �3 j requirements, and/or are required to accommodate the use, tfie lots shall be combined in accordance with the city's subdivision ordinance, prior to the issuing of a building permit. F. When two or more lots are located in the same residential ... .. ..... ... .... ...... .... ....::::.v: n•:.v..v:: n.w::.v.�:: m}�}:...w.w:::::::::.vrrnvti•:•%C%•iTii:rnv.•.C}..:n\?)9PY.:'..;m; ��:;}vq r:.;:: } epviniiyn:nT::ti:;}'.::•: f �'ii.'•:v'%ri•:•'.-i.'iti:^i: � i .: ..: :.::•::tiAY}{J:.yi..•.:;"ti;�v.;•,•::::..::.:::::.:Si:i:::'`•. .:ii:}}i i. :::.t... .::i:i:: ...... ,....: ::::carry::;ti�:>:<A district, o;;;:::<:;.:;';:•;::was;...:.......................................................�..,;.M-0�'<�-;�•::.:�.:v.:.,�.��:H� ............. ;N ... i.:: .....?i ::!•:: .... ::• ..•.::: :•....:. -. iGiC+Vii'•i:•i:•:vii:•i:w:nw::•i tiv: �: iiia zczg><s�: one or more of which Mack adequa a area or dimensions alify for residential use under the current ordinance requirements: and are contiguous and held in one ownership, they shall be combined for use in order to meet the lot requirements by resubdividing the property in accordance with the subdivision ordinance. E Section 2. This ordinance amendment shall become effective upon its passage and publication according to law. ADOPTED BY THE OTSEGO CITY COUNCIL this day of 1995. IN FAVOR: OPPOSED: CITY OF OTSEGO Norman F. Freske, Mayor Elaine Beatty, City Clerk Building Rights 60th to 65th East of 101 PID NUMBER PROPERTY OWNER PARCEL SIZE BUILDING RIGHTS 118-500-353100 Nellie C Bobendrier 105.9 yes 118-500-354200 Fae Jacobs 120 yes 118-500-363200 Rapheal G Vasseur 40 none 118-500-363101 Anna M. Croteau 76.44 none 118-500-363100 Bouley Living Trust 40 none 118-500-363102 Kenneth & Mary Croteau 1 none 118-500-363103 Allan C Croteau 2.56 none 118-500-364200 Bouley Living Trust 47.7 none 118-500-364300 Joan E Vasseur 64.7 yes 118-500-364102 Northern Gas Company -1 none 118-500-364101 Elaine Sculenburg 5.73 none 118-500-364100 Clare T. Brauch 1 none 118-500-364400 Alfred C & N Schwab 13.81 none 118-500-364401 Bruce & Nancy McAlpine 1.26 none f_n Ire C' W U7 (�l W U I v , V co 411 A 0 1 � a � w 3 M o r +_ CITY F DAYTON c z m , a z S a Cn V Z 6 w I rn i Cl L C-' CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION ORIGINATING DEPT. MEETING DATE COUNCIL ITEMS FINANCE JULY 24, 1995 ITEM NO: ITEM DESCRIPTION PREPARED BY 8.2 CONSIDER ECONOMIC DEVELOPMENT PARTNERSHIP OF WRIGHT COUNTY v P.Boedigheimer At the July 10, 1995 City Council meeting a presentation was made regarding membership in the Economic Development Partnership of Wright County. The City Council requested that the issue be again considered at the July 24th meeting. The July 10th discussion with the City Council included the membership fees for municipalities, the goals and objectives of the organization and the meeting dates. The partnership held their last meeting on July 19th and have their next meeting scheduled for August 16th in Maple Lake at 9:00. I understand that at their July meeting there was some discussion regarding membership fees and the desire to have Otsego as a member of the partnership. In the mean time I had called the State Department of Economic Development and was directed to Mr. Gerald Winner. It was my intention to pursue information regarding process and procedures in economic development. He indicated to me that he has been out to our city and has met with city representatives. He and I have a meeting scheduled for August 15th at 3:30 to further our discussion and obtain information that will be of benefit to us. He also mentioned the Economic Development Partnership of Wright County and expressed his support of that organization. Claims List for Approval t -or the perioa U//15iyb to -;07/20/95 OF '87 07/20/95 813 5,625. AUDIO COMMUNICATIONS FAX..MACHiNE & INSTALL CABLE SYSTEM 07/20/95 CLAIM TOTE 0 WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLA: FIRST CHOICE LAWN CARE JUNE LAWN MAINTENANCE 07/20/95 807 303. ASTECH SEAL COAT PROJECT 07/20/95 808 19,196 STATE CAPITAL CREDIT UNION 7/15/95 PAYROLL DEDUCTIONS 07/20/95 809 50. PUBLIC EMPLOYEES RETIREMENT FUND EMPLOYEE/EMPLOYER SHARE 7/15/95 07/20/95 810 929 MN DEPT OF REVENUE JULY WITHHOLDING ALL PAYROLLS 07/20/95 811 956. BANK OF ELK RIVER FED .WITH.SS.MEDICARE-MTHLY & 7/15 07/20/95 812 3,124. AMERICAN BANKINTEREST-G...O.BOND OF '87 07/20/95 813 5,625. AUDIO COMMUNICATIONS FAX..MACHiNE & INSTALL CABLE SYSTEM 07/20/95 814 1,450. BANK OF ELK RIVER PRINC.& INT-G.O.BOND OF '91 07/20/95 815 15,937.. WOODLAKE SANITATION SERVICE JUNE RECYCLING 07/20/95 816 325. BOISE CASCADE OFFICE PRODUCTS a so -OFFICE SUPPLIES 07/20/95 817 383. CENTRAL RIVERS CO-OP „'CROSSBOW 07/20/95 818 106.` CROW RIVER RENTAL RENTAL --CEMENT SAW & BLADES 07/20/95 819 147.! EAST TONKA SANITATION JUNE RECYCLING 07/20/95 820 300.( FORD MOTOR CREDIT CO LEASE PAYMENT -FORD TRUCK 07/20/95 821 10,212. G & K TEXTILE LEASING SYSTEMS ..-UNIFORMS,TOWELS,MATS 07/20/95 822 205.} HAKANSON ANDERSON ASSOC INC ENGINEERING SERVICE 07/20/95 823 11,298.:= Claims List for Approval For the period 07/15/95 to 07/20/95 CLAIM TOTA TC' WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAI MINNESOTA MUTUAL SHORT TERM DISABILITY -AUGUST 07/20/95 824 67. CITY OF MONTICELLO MN POLLUTION CONTROL rJORTHWEST ASSOCIATED CONSULTANTS 3RD QUARTER FIRE CONTRACT STORM WATER PERMIT-OTSEGO PARK JUNE PLANNING SERVICES -ALL PROJECTS 07/20/95 07/20/95 07/20/95 325 826 827 1,66_. 240. 4,730. RINKE-NOONAN ANNEXATION ISSUES 07/20/95 829 178. QMANN BROS. INC GROUND SHINGLE MAT 07/20/95 828 1,054_ RINKE-NOONAN ANNEXATION ISSUES 07/20/95 829 178. STAFF TIRE & RETREND TIRE REPAIR 07/20/95 830 20. SUPERIOR CHEMICAL SOAP & DISPENSER 07/20/95 831 68. WEBER OIL COMPANY FUEL 07/20/95 832 499. HT COUNTY AUDITOR -TREASURER MOBILE HOME LIST & LABELS 07/20/95 833 27. jHT COUNTY HIGHWAY DEPT SIGNS 07/20/95 834 34. _ WRIGHT COUNTY SHERIFF'S DEPT JUNE CONTRACT SERVICES 07/20/95 835 7,786. MARNIE KIRSHBAUM REFUND OF RENTAL DEPOSIT 07/20/95 .8$6 40Q. L OREENE STEINHAUS REFUND OF RENTAL DEPOSIT 07/20/95 837 400. MN STATE TREASURER 2ND QUARTER SURCHARGE REIMBURSEMENT 07/20/95 836 367. INTERNAL REVENUE SERVICE SOC.SEC & MEDICARE -CORRECT -2ND QTR 07/20/95 839 42. WRIGHT COUNTY RECORDER RECORD-CUP-DARKENWALD & WILSON 07/20/95 840 39. TOTAL FOR MONTH 86,17 TOTAL YEAR TO DATE L', Z1,20, N