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09-25-95 CCCITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE CONSENT AGENDA Clerk 9/"%5/95 ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: S.i Ccnsider _ettar of resi nati,. _.,_ ia�^c 3eatty, 777777 Parks and Rec. C^mm. _rcm Jcnn Sciauc SEE ATTACHED LETTER DATED SEPTEMBER 14, 1995 BACKGROUND John Buldoc called me and asked who he should write a letter of resignation to Re: Parks and recs Comm. I told him it should be addressed to the City Council and sent to me and I would see that the Council get'the info—=ation. REVIEW OF THE ISSUES John felt honored to be appointed to Parks and Recs Comm, but has found since the appointment he has not been able, because of his schedule, to attend even one meeting. He feels he should allow someone else who has the time to be appointed first alternate. ALTERNATIVES/IMPACTS: STAFF RECOMMENDATION Staff recommends that we accept his resignation, as he does not seem to have the time available. but that we write him a letter thanking him for his time to apply and interview. Thanks, -z- CITY OF OTSEGO 8899 Nashua Avenue N.E. ON THE GREAT RIVER ROAD (612) 441-4414 Elk River, MN 55330 Fax: (612) 441-8823 reoruary 14, , lyy� Mr John D Bolduc 9070 Ochoa Circle NE Otsego, MN 5 5330 RE: CITY OF OTSEGO PARKA D RECREATION Dear John: This letter is to inform you that you were appointed to the above commission by the City Council at the February 13, 1995 Council Meeting for the first alternate position. Congratulations John, and we look forward to working with you. Sincerely, CITY OF OTSEGO Elaine Beatty Clerk/Zoning Adm. CC: Mayor and Council File PARK AND REC COMMISSION Revised: 4/15/94, 2/14/95 TERM 1. Roche Martin 4 Year startin 1995 9360 Ogden Avenue NE Ending Dec 1998 Elk River MN 55330 Phone: H241-0070 W241-3512 2. Tom Baillargeon (Chair 1993-94) 4 Year starting 1993 28 Red Cedar Trail Ending Dec 1996 Elk River, MN 55330 Phone: 441-1640 - - _•._,.,. c a ;. _'i � -r i C.,. $ai1;1L 177.J 9912 Parrish Ave NE ending Dec 1996 Elk River, MN 55330 Phone: 441-1372 4. Bill Olson 4 Year starting 1995 8789 Nashua Ave NE ending Dec 1998 Elk River MN 55330 Phone: 441-4969 5. Tom Constant 4 Year starting 1995 13776 85th ST NE ending Dec 1998 Elk River MN 55330 Phone: 441-3654 6. Debbie Carron 3 Year starting 1994 14975 95th ST NE ending Dec 1996 Elk River MN 55330 Phone: +1-6384 7. Teri Kohler 3 Year starting 1995 10348 NE 99th St ending Dec 1997 Elk River, MN 55330 Phone: John D Bolduc, 1st Alternate Jeff Bartheld, 2nd Alternate 9070 Ochoa Circle NE 14018 NE 85th St Otsego MN 55330 Otsego MN 55330 Phone: Phone: Suzanne Ackerman, Council Member 8217 Packard Avenue NE 241-9143 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION ORIGINATING DEPT. MEETING DATE CONSENT AGENDA FINANCE SEPTEMBER 25,1995 ITEM NO: ITEM DESCRIPTION PREPARED BY 5.2 CONSIDER JOINT MEETING BETWEEN P.Boedigheimer PARK AND RECREATION COMMISSION AND , CITY COUNCIL 10/3/95 The Park and Recreation Commission has requested a joint meeting with the City Council to discuss the proposed Park Development Fund budget, grant status of the 96 ISTEA Grant, future grants, and the proposed levy for park development. The date scheduled, pending Council approval is October 3, 1995. I will provide updated revenue and expenditure information for that meeting in addition to the proposed budget and capital outlay request for 1996 as submitted by the Park and Recreation Commission. It is recommended that the City Council schedule a joint meeting with the Park and Recreation Commission on October 3, 1995 at 7:00 p.m. to discuss the Park Development Fund budget. If there is any further information the City Council would like in preparation of the meeting, please contact me. CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION ORIGINATING DEPT. MEETING DATE CONSENT AGENDA FINANCE SEPTEMBER 25,1995 ITEM NO: ITEM DESCRIPTION PREPARED BY 5.3 CONSIDER RESOLUTION AND PARTIAL PAY REQUEST FOR DENNIS FEHN'S CONTRACT OTSEGO PRAIRIE PARK ` P.Boedigheime Attached for your review and consideration is a copy of a resolution approving a partial payment to Fehn Excavating, Inc. for grading of the ball fields at Otsego Prairie Park. The partial pay request is for $33,881.00, the total work completed to date. Also attached is a copy of the bid schedule indicating a total bid for the excavating work in the amount of $38,750.00. This bid request has been reviewed and approved by the City's engineer, Merland Otto, therefore it is recommended that the City Council adopt the attached resolution approving partial pay for Fehn Excavating, Inc. (Project 95-1 Otsego Prairie Park Improvements) and authorize payment of the attached invoice to Dennis Fehn Excavating in the amount of $33,881.00. SEP 20 '95 11:44 HAKANSON ANDERSON P.2 Councilmember introduced the following resolution and moved for its adoption: RESOLUTION 95 RESOLUTION APPROVING PARTIAL PAY FOR FEHN EXCAVATING, INC. (PROJECT 95-1 OTSEGO PRAIRIE PARK IMPROVEMENTS) WHEREAS, the City Council of the City of Otsego awarded this project on July 24, 1995; and WHEREAS, the City Council of'thc City of Otsego awarded the bid to Fehn Excavating, Inc. for the grading of ball fields at Otsego Prairie Park. WHEREAS, Hakanson Anderson Associates, Inc. recommended partial payment to Fehn Excavating, Inc. in the amount of $33.881.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, WRIGHT COUNTY, STATE OF MINNESOTA, as follows: 1. That the City Council hereby authorized partial payment to Fehn Excavating, Inc. for the grading of ball fields at Otsego Prairie Park in the amount of $33,881.00. 2. That the City Council hereby authorized the Mayor or City Clerk to sign the release form for this partlai payment. 3. That the City of Otsego Finance Department be provided a signed copy of this resolution, 4. That the invoice and supporting documents be submitted promptly to DNR for reimbursoment. 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, and the following abstained, and the following were absent. whereupon said resolution was declared duly passed and adopted by the Otsego City Council this the 25th day of September, 1995_ OT507 b.ros Pay Estimate Dennis Felin Gravel and Excavating Pay Estimate 1 11900 - 5001 Street NE City, State, Zip RE: Improvement Project No. 95-1; Otsego Prairie Park Development City of Otsego, Minnesota Contractor: Dennis Fehn Gravel and Excavating Bid AiTiount: $38,760.00 Award Date: July 24, 1995 Completion Date: September 1, 1995 Page 1 - `"' L11tl}d" Unit Price Contract Cost Used To Date Extension Iters Descri tion u _ antit I +8or1rtQItxcavation/Grading1 LS $16,650.00 LS $16,86x.00 1 LS 516,650,00 TOTAL BID SChiEOULE "A" $18,150.00 $17,481.00 W. E�$ timated Unit Price Contract Cost Used To Date Extension Item Description lluantit 1-11{ Ti r�, xcavation/Grading 1 LS 116,400.00 LS $16,400.00 1 ILS $16,400.00 Tl1TA1 AI Trr �1n ,•.Ira. r.L."I.I.1.ncvULr- a $16.400.00 $16,400.00 Iter>r Descr'io timaf$Unit Prive Contract Cost �uatttrd Used To Date Extension E�g. Lin TOTAL ALTERNATIVE SCHEDULE 'C" $4,200.00 $0.00 Original Work SUMMARY OF BIDDING: Contract Completed TOTAL BID SCHEDULE -A- ALTER14ATIVE SCHEDULE "B" $18,160.00 17,481.00 ALTERNATIVE SCHEDULE "C" 16,400.00 4,200.00 16,400.00 0,00 TOTAL OF BID SCHEDULES: $38,750.00 $3.3,881,00 TOTAL WORK COMPLETED TO DATE: $33,881.00 Pay Estirnate Page 2 LO rn APPROVALS: u N CONTRACTOR: Certificatlon by Contractor: I certify that all items and amounts shown are correct for the work conipi6ted to date DENNIS FEHN GRAVEL AND EXCAVATING Signed: Title: Date: D D ENGINEER: HAKANSON ANDERSON ASSOCIATES, INC. czn 0 Signed; zD Title: Date: d U) 0 OWNER: CITY OF OTSEGO z Signed; Title: Date: OT708.naY SEP 20 '95 11:46 HAKANSON ANDERSON DENNIS FERN GRAVEL & EXCAVATING, INC. 119CO 50th Street N.E. ALBERTVILLE, MINNESOTA 55301 P, (622) 497-2428 t SEP 8%5 TO • .,._..--•_—• --••—•L =•... ---- •_•.__— .__ .._. _ DATE �1�.(1.7�j .� Joe Na _...._.......... Jog NAME _ /j �.1.�L ..l--.........'�.•.!..... ...�._........... ............. _.......... Jog LOCATION TERMS ORIGINAL q� axw�•cwcu�rK t•r, t ox cbs�ramanw� coircem DESCRIPTION PRICE AMOUNT �....._....__ _��11 ORIGINAL q� axw�•cwcu�rK t•r, t ox cbs�ramanw� coircem SEP 20 '95 11:44 HAKANSON ANDERSON P.1 -FAX T'RANSIARSSION COVER Sl -MET Hakanson Anderson Associa tes-, Inc. 222-Manroe Sneer Anoka, iWN j,5303 (612)42,7-5860 Fax: (612) 427-2401 Dau.- Ta: Fax.- Ria: 'ax:.Re: i tea.,r�cee./ Sender: YOU SHOULD RECEIVE 5f PACE(S), INCLUDING THIS CO VER SHLE-11 IF YOU DO NOT R£CErVE ALL THE PACES, PLL -ASE CALL (612) 427--5860. Comments; CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTICN ORIGINATING DEPT. MEETING DATE CONSENT AGENDA FINANCE SEPTEMBER 25,1995 ITEM `1O: ITEM DESCRIPTION PREPARED BY 5.4 CONSIDER PURCHASE OF SEED AND MULCH i FOR OTSEGO PRAIRIE PARK P.Bcedigheimel / Attached is a memorandum from Merland Otto, Hakanson Anderson regarding the quotes received for turf establishment at Otsego Prairie Park. Seed quotes were received from three vendors and the costs are based on two options. Option 1 calls for the seeding of two fields with athletic mix and the balance of the area in sunny field mix, while Option 2 calls for the seeding of four fields with athletic mix. The cost difference is $724.00 for the seeding of four fields with athletic mix. It is anticipated that only two fields will be available in 1996, therefore costs could be saved by only seeding the two fields, but the heavier seeding would provide better grass for earlier use of the two remaining fields. Three quotes were also received for the straw mulch to be used after seeding. The lowest quote for the mulch is $2,236.50. Should the City Council choose Option 1 for the seeding the total cost for turf establishment is $4,370. It is anticipated that the Park Development Fund will have funds for the turf establishment from the second half taxes and the City's portion of the DNR Grant to be received. Application for receipt of grant funds will be made within the next week. Merland Otto has indicated to me that there is an approximate thirty day wait from the time the grant request is made until funds are received. It is recommended that the City Council approve the purchase of grass seed from Hunts of Elk River and the purchase of straw mulch from Anoka Ramsey Farm and Garden. It is also recommended that due to financial constraints in the Park Development Fund the City Council authorize the purchase of grass seed to seed two fields with athletic mix and the remainder in sunny field mix. SEP 21 195 14:50 HAKANSON ANDERSON OTSEGO PRAIRIE PARK TURF ESTABLISHMENT Grading has been completed by the contractor with the fields ready for turf establishment. Turf establishment has been planned to be accomplished by volunteer forces, however, materials need to be purchased. We have received quotes for grass seed based on two mixes which would be done at different application rates. Seeding of ball fields is generally dent at 150,E/acre versus seeding of open areas at 75#/acre. The athletic ficid mix is generally a 6Q1% combination of bluegrass and 403' combination of perennial rye. The open turf mix is generally a lesser percentage of bluegrass with the addition of red fescue and a small percentage of annual rye. Seed quotes are as follows: Hunts Anoka Ind. Feed and Seed Town and Country Athletic Mix aunny. Fitid Mix 91.454 51.20/# $1.77/# S1.30/# $2.05/# 91.70/# P.2 Hunts of Elk River is the low quote on this item_ The cost for seed based on two options is as follows: Seed two fields with athletic mix Remalad!ar sunny field mix 8004 $1.45 =$1,150 7001t $1.20 = $SFO tax LZU Total $2,130 Seed four fields with athletic mix Remainder sunny field mix 1,6004 $1.45 = $2,320 3000 @ $1,20 = 360 tax .174 Total $2,854 Since only two fields are anticipated to be available for play in 1996, some costs could be saved by Option 1 . Once established with a lighter seed application rate, the other two fields could ultimately fill in with an adequate turf maintenance program. The heavier seeding would, on the other hand, provide a better grass stand to allow the other fields to be brought into play sooner and relative to the costs of labor and mulch be relatively tort effective. Due to funding constraints, we would opt for Option 1 purchasing seed from Hunts for approximately $2,130. SEP 21 '95 14:51 HAKANSON ANDERSON Once seeded, the area needs to be mulched at a rate of approximately two tons/acre. At 50#/1ale we estimate that 30 ton (approximately 1200 bales) of straw will be required. Quotes I have received are: Marties $2.00lbele delivered Pearson Farms $2.001beie not delivered Anoka Ramsey Farm & Garden Y1.75/bale delivered 1200 bales @ $1.75 is $2,100 + tax for a total of $2,236.50. We recommend purchase from Anoka Ramsey Farm & Garden. The total cost of materials purchased for seed and mulch would thus be approximately $4,370 plus fuel for equipment. P.3 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE CONSENT AGENDA Clerk 9/25/95 ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 5.5 consider Tetter or resranat.on P.C./,[ark :daliace Elaine Bear? ,C,z_r: z.A. BACKGROUND REVIEW OF THE ISSUES ALTERNATIVES/IMPACTS: Attached is a letter from Mark Wallace, P.C. Member -asking that his resignation be considered from the Otsego Planning and Zoning Commission be effective October 3, 1995. This resignation is being asked for, because of a new baby coming to the family and added schooling, because of a promot.ion for Mark. who is working towards his Masters Degree. Mark regrets having to leave the P.C., but feels he does not have the time to continue this commitment. STAFF RECOMMENDATION Recommendation from Staff is to accept the resignation from Mark Wallace because he no longer has the time for this committment and write a thank you letter to him for his five years of service to the City, both on the Park and Recs Comm. and the Planning Commission. Thank you, To: Otsego City Council Otsego Mayor Otsego Planning and Zoning Commission From: Mark Wallace Otsego Planning and Zoning Commission Date: September, 20, 1995 This memo is to inform you of my resignation from serving on the Otsego Planning and Zoning Commission effective October 3rd , 1995. It has been a difficult decision for me to resign my position with the City of Otsego. The resignation is due to two major changes taking place in my family and professional life. First and far most important, is the baby we are expecting on the first week of November. Second is due to a change in my current position with Honeywell that requires me to complete my Masters Degree as soon as possible. To accomplish this, it requires an additional night away from my family which I am not willing to sacrifice. Therefore, my service to the city can no longer fit. Serving the city of Otsego has been a rewarding experience for me. In the past five years I have had the privilege to serve on both the Planning and Zoning Commission and the Park and Recreation Commission. During this time, I have always tried to give Otsego a high amount of commitment and personal time to provide the service that I feel the city expected and deserved. I would also like to thank two people who serve this city that I have always felt privileged to work with: Mr. Carl Swenson, and Mr. Larry Fournier. Their dedication, guidance, wisdom, have always served as a model for me to strive for. The City of Otsego is very fortunate to have two people of such caliber. I have enjoyed working with all members of the commissions and the staff of Otsego, and again, I thank you for the opportunity to do so. Respectfully, Mark Wallace. i CITY OF OTSEGO RFOT JEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 6.Bob Kirmis, Asst. City Planner Planning 9/25/95 ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 6.1. Mary R Dare, Christ Lutheran Church Elaine Beatty,Clerk Z.A. A. preliminary and final plat MRD COMM PARK B. REZONE Consideration 6.4+ Acres from B2 and R-1 to INS BACKGROUND This item has been before the P.C. and Council previously and the Church decided to pull their application and re -submit it to the P.C. on a scaled down size. The 10+ acres being asked for Rezoning and Platting was scaled down to the present size of 6.4 Acres asked to be Rezoned INS and the remainder of the 10+ acres remain an Outlot. Application was revised and resubmitted to the Zoning Adm. A new hearing was held at the P.C. level and the vote at the P.C. for the Rezoning was Deny on a 4 to 3 vote. Mark Wallace, Arleen Nagel, Richard Nichols and Carl Swenson voted to deny the rezoning and Gene Goenner, Ing Roskaft and Jim Kolles Voting against the denial. Motion to Deny carried 4 to 3 REVIEW OF THE ISSUES Some of the issues needed to be considered is they did downsize their request from 10+ acres rezone to INS to 6.4+ acres to Rezone to INS and the remainder of the 10+ acres to remain an Outlot. The Comp Plan shows this area as our prime Commercial Area and a policy decision needs to be made by the Council as if this will be allowed or not. Also, a letter has been sent to Christ Lutheran Church and copied to Wally Klus and Allan Barnard, Atty. to extend the time line another 60 days, due to the requests for continuation of this matter at the P.C. so the City is within the statutes for time schedule. ALTERNATIVES/IMPACTS: Impacts need to be considered if allowed to expand, how and if this will affect our Prime Commercial Area and is it a positive or negative? STAFF RECOMMENDATION Recommendation from Staff is to review all the issues and the Council needs to make a policy decision on this expansion of the Church Facility to allow or not. Attached are the Findings of Fact from NAC, one for Denial and one for Approval. Thank you, SEP -13-1995 09:24 NAC 612 595 9837 P.01iO3 1N Northwest Associated Consultants, Inc. �C :COMMUNITY PLANNING • DESIGN • MARKET RESEARCH MEMORANDUM - Via Fax Transmission TO: Andy MacArthur FROM: Bob Kirmis DATE: 13 September 1995 RE: Otsego - Christ Lutheran Church Fa E NO: 176.02 - 95.08 At your request, I have reviewed the City's Zoning and Subdivision Ordinances in an attempt to identify various provisions which would discourage and/or prohibit the creation of a single lot of record with multiple base zoning designations. This examination is specifically applicable to the pending Christ Lutheran Church request where it is conceivable that the applicants will, regardless of action on the zoning matter, request city action on the subdivision request. Should the requested INS zoning be denied, the proposal would essentially call for the creation of an 11.3 acre lot, the western one-half of which holds an INS, Institutional zoning designation, while its eastern one-half would retain the existing B-2, Highway Commercial zoning. In review of the City's Zoning and Subdivision Ordinances, there are several provisions which would appear applicable to this matter and may justify denial of such subdivision request. ,Zoning Ordinance Uses upon the eastern portion of the lot must be limited to those allowed in the B-2 Zoning District. B-2 District provisions do not make an allowance for religious institutions. Additionally, any accessory use which exists upon the property must in fact serve a principal use allowed in the district. According to Section 20-16-3.0 of the Zoning Ordinance, not more than one principal building shall be located upon a lot except via planned unit development. 15 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595 -9636 -Fax. 595-9837 SEP -13-1995 09:25 NAC Subdivision Ordinance 612 595 9837 P.02iO3 The proposed lot creation may be considered inconsistent with the purpose of the City's Subdivision Ordinance. Per Section 21-1-1 of the Ordinance, all subdivisions of land hereafter submitted shall fully comply in all respects with the regulations to: A. Provide for and guide the orderly, economic and safe development of land, urban services and facilities. B. Encourage wellplanned, efficient and attractive subdivisions by establishing adequate and impartial standards for design and construction. C. Provide for the health, safety and welfare of residents by requiring the necessary services such as properly designed streets and adequate sewage and water service. D. Place the cost of improvements against those benefitting from their construction. E. Secure the rights of the public with respect to public lands and waters. F. Set the minimum requirements necessary to protect the public health, safety, comfort, convenience and general welfare. Section 21-4-2 of the Ordinance provides conditions which establish subdivisions as premature. In review of such conditions, the following may establish the Christ Lutheran Church plat (a single lot with dual zoning) as premature: C. Lack of Adequate Roads or Highways to Serve the Subdivision: A proposed subdivision shall be deemed to lack adequate roads or highways to serve the subdivision when: 1. Roads which serve the proposed subdivision are of such a width, grade, stability, vertical and horizontal alignment, site distance and surface condition that an increase in traffic volume generated by the proposed subdivision would create a hazard to public safety and general welfare, or aggravate an already hazardous condition, and when, with due regard to the advice of the City Engineer, Wright County, and/or the Minnesota Department of Transportation, said roads are inadequate for the intended use; or 2 SEP -13-1995 09:26 NAC 612 595 9837 P.03iO3 2. The traffic volume generated by the proposed subdivision would create unreasonable traffic congestion or unsafe conditions on highways existing at the time of the application or proposed for completion within the next two (2) years. G. Inconsistency With Comprehensive Plan: The proposed subdivision is inconsistent with the purposes; objectives and recommendations of the duly adopted Comprehensive Plan of Otsego, as may be amended. Section 21-7-5 of the Ordinance imposes the following conditions in regard to streets: C. Access shall be given to all lots and portions of the tract in a subdivision and to adjacent unsubdivided parcels, unless the topography clearly indicates that such connection is not feasible. Reserved strips and land -locked areas shall not be created. E. Where adjoining areas are not subdivided, but may be subdivided, the arrangement of streets in a new subdivision shall make provision for the proper projection of streets into adjoining areas by carrying the new streets to the boundaries of the new subdivision at appropriate locations. A temporary turn -around facility shall be provided at the closed end, in conformance with cul-de-sac size requirements. Temporary facilities shall not require curb and gutter and the construction standards shall be established by the City Engineer. Construction of said streets shall be to the boundary of the plat. Hopefully the aforementioned provisions establish an ability for the City, if it so desires, to deny the possible creation of a single lot of record with multiple base zoning designations. If you have any questions regarding this matter, please advise. PC: Elaine Belay TOTAL P.03 REZONING APPROVAL CITY OF OTSEGO WRIGHT COUN'T'Y, MINNESOTA IN RE: FINDINGS OF FACT AND DECISION Application of Christ Lutheran Church, Inc. to rezone the following described land from a combination B-2, Highway Commercial/R-1, Residential -Long Range Urban Service District to INS, Institutional District. The subject property is legally described as: SEE ATTACMH BIT A On 11 September 1995, the Otsego City Council met at its regularly scheduled meeting to consider the application of Christ Lutheran Church to rezone the above described land from a combination B-2, Highway Commercial/R-1, Residential -Long Range Urban Service District to INS, Institutional District. 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. �-Ai o Y� � 1. The applicant is requesting a rezoning of the following described property from a combination B-2, Highway Conunercial/R-1, Residential -Long Range Urban Service District to INS, Institutional District. The subject property is legally described as: SEB EX13MIT 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 possfle 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 proposed rezoning is consistent with the following policies of the Comprehensive Plan. Policy: Establish and maintain a strong sense of community identity. Finding: The proposed use shall establish and maintain a strong sense of community identity. Policy: To the extent possible, establish and implement physical features which will help create a sense of community identity and recognition. Finding: Tile propose use shall help create a sense of community identity and recognition. Policy: Permit growth on a phased basis providing for a logical extension of urban growth and related community services. Finding: The proposed use represents a logical e.Ytension of urban growth and related community services. Policy: All development proposals shall be analyzed on an individual basis from a physical, economic and a social standpoint to determine the most appropriate use within the community as a whole. Finding: The proposed use is the most appropriate use of the subject site from a physical, economic, and social standpoint. b. The proposed use's compatibility with present and future land uses of the area. The proposed institutional 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.). tX As a condition of site and building plan review, 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 rezoning and expanded institutional use will not adversely affect the subject area. 2 e. The proposed use's impact upon property values of the area in which it is proposed. 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 County Road 39, 88th Street/Quaday Avenue, which serve 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. 4. The planning reports dated 30 May 1995 and 8 August 1995, prepared by Northwest Associated Consultants, Inc., are incorporated herein. 5. On 6 September 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 (on a split vote) that the City Council deny the rezoning based on the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinances, the applicant's request to rezone the following described. property from a combination B-2, Highway Commercial/R-1, Residential - Long Range Urban Service District to INS, Institutional District designation is approved in its present form. 3 N SEP -07-1:55 10:24 NAC e - 555 06/, j'4 i- 58�� P.�]b. ADOPTED by the Otsego City Council this 11th day of September 1995. ATTEST: am CITY OF OTSEGO in Norman F. Freske, Mayor Elaine Beatty, City Clerk/Zoning Administrator LEGAL DESCRIPTION TO BE ADDED A04 ".3 40 Sc= -07-1535 10:24 NAC 612 595 9 e Z 7 P.08/14 IN RE: CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA FINDINGS OF FACT AND DECISION Application of Christ Lutheran Church, Inc. to rezone the following described land from a combination B-2, Highway CommerciaUR-1, Residential -Long Range Urban Service District to INS, Institutional Distrint. The subject property is legally described as: SEE ATTAC= STT A On 11 September 1995, the Otsego City Council met at its regularly scheduled meeting to consider the application of Christ Lutheran Church to rezone the above described land from a combination B-2, Highway Commercial/R-1, Residential -Long Range Urban Service District to INS, Institutional District. Based upon the application, the recommendation of the Planning Commission and the evidence received, the City Council now malms the following findings of fact and decision. r l FINDINGS OF FACT 1. The applicant is requesting a rezoning of the following described property from a combination B-2, Highway Commercial/R-1, Residential -Long Range Urban Service District to INS, Institutional District. The subject property is legally described as: SEE ED=IT 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: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. The City's Comprehensive Plan (Land Use Plan) suggests commercial use of the subject property. In this regard, the proposed use is not literally consistent with the suggested use of the property. The proposed rezoning and resultant use of the property is also inconsistent with the following spec policies of the Comprehensive Plan: Policy: Maintain and promote balanced commercial development and activity which are viable and responsive to the needs of the community and surrounding market area and services Highway 101 travelers. Finding: The proposed use does not contribute to the commercial development needs of the marimt area or Highway 101 travelers. Policy: Establish and maintain an advantageous property tax situation and pursue a strengthened and sound tax base. F�nding: The proposed use does not strengthen the City's tax base. Policy: All development proposals shall be analyzed n an individual basis from a physical, economic and a social standpoint to determine the most appropriate use within the community as a whole. Finding: The proposed use is not the most appropriate use of the subject property from a physical, economic and social standpoint. Policy: The removal of land from the tax rolls shall be considered only when it can be clearly demonstrated that such removal is in the public interest. Finding: The removal of the subject property is not in the public interest. b. The proposed use's compatibility with present and future land uses of the area. The proposed church use bolds the potential to be incompatible 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 site and building plan review, the proposed use shall be required to meet applicable performance standards of the Zoning Ordinance. Conformance with applicable performance standards has not to date been demonstrated (i.e., off- street parking requirements) . 2 SEF -07-1995 10:26 NAC 612 595 9827 P.10i1.1 a d. The proposed use's effect upon the area in which it is proposed. The proposed rezoning and expanded institutional use has the potential to adversely affect the subject area and result in an under -utilization of the property. e. The proposed use's impact upon property values of the area in which it is proposed. While the proposed rezoning will not adversely affect property values in the subject area, the Wright County Assessor has indicated that the proposed use is not likely to escalate area property values as would be expected from a "commercial use". f. Traffic generation by the proposed use in relation to capabilities of streets serving the property. A determination as to the ability of County Road 39, 88th Street and Quaday Avenue to serve the proposed use(s) cannot be determined until such time as specific on-site uses are defined and an estimate of traffic volumes has been provided and evaluated. 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. 4. The planning reports dated 30 May 1995 and 8 August 1995, prepared by Northwest Associated Consultants, Inc., are incorporated herein. 5. On 6 September 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 (on a split vote) that the City Council deny the rezoning based on the aforementioned findings. 3 DECISION Based on the foregoing considerations and applicable ordinances, the applicant's request to rezone the following descnbed property from a combination B-2, ffighway Commercial/R-1, Residential - Long Range Urban Service District to INS, Institutional District designation is denied in its present form: ADOP= by the Otsego City Council this 11th day of September 1995. ATTEST: By: CITY OF OTSEGO By: Norman F. Freskc, Mayor Elaine Beatty, City Clerk/Zoning Administrator 4 SEP -07-1555 10:27 NAC 612 585 9837 P.12i14 LEGAL DESCRIPTION TO BE ADDED ORDINANCE NO. 95 - CITY OF OTSEGO COUNTY OF WRIGHT, IOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CTTY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION. THE CITY COUNCIL OF THE CTTY 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 EMU= A Section 2. The above described property is hereby rezoned from a combination B-2, Highway Commercial/R-1, Residential -Long Range Urban Service District to an INS, Institutional District 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 11th day of September 1995. ATTEST; LN CZ'Y OF OTSEGO By: Norman F. Fresim, Mayor Elaine Beatty, City Clerk/Zoning Administrator SEP -07-1995 10:29 NAC 612 595 '3807 P.14/14 LEGAL DESCRIPTION TO BE ADDED 1 TOTAL P.1a Christ Luthe: an Church I. Elected officials are people in the community who are given the task by the community allocating scarce resources. Members of the community and the board or council can have the same overall goal, yet disagree on how to reach the goal. Example: School Board (individual residents of the community) and the teachers in the school have the common goal of providing the best possible educational opportunity for the children in the community. -disagreements in the allocation of a scarce resource, i.e. money or time, can and do occur. -to reaching a decision over the allocation of the resources, parties to the decision will present facts for the other party to consider. -but neither parry will accept the facts as presented without investigating to determine what assumptions or data were used to generate the facts. -ultimately through this process a decision is reached by the school board alone, as it has been given that responsibility by the residents. II. The City Council of a community is a group of residents who have been given the task of allocating scarce resources within the city. -Again, the City Council and the community members can and generally do, have the same goals. -How the goals can be obtained can be a matter of significant discussion, as again, resource allocation is never easy, particularly when the resource being allocated is money. -For example: How a street is paid for usually generates opposite views. -The goal is the same - a good road which is safe to travel on. 1 -All parties present their facts. They also investigate the accuracy of the other participants' facts. -The final decision remains with the elected representative of the people to make the difficult decision of who pays - whose resources get allocated. The issue presented to the City Council of Otsego by Christ Lutheran is again, one of scarce resource allocation - two resources are involved: -land ` -money -Simply stated - is the land use being proposed by Christ Lutheran Church the best use of the land in question given that the use will result in removal of the land from the tax rolls? -Information has been presented to the City Council by many interested parties. 1. Comprehensive Land use Plan - -Calls for the area to be commercial. -The existing use reflects a decision over which the City of Otsego had no authority. As a matter of fact, I participated in the decision to acquire the land and the rezoning process. The possibility of the township becoming a city was never raised, nor was it a factor in the decision process. -Objections were made by the Township at the time of the initial land purchase and rezoning. 2. Physical Relationships of the land with the existing transportation system commence, planned future commence. -A drive along 101/169 from Rogers to SAX Foods in Elk River can only lead one to conclude that people generally and business people in particular, see that corridor as an o12por� tuni1y. -Business people recognize the fact that their o1212oT rtunity creates demands on the public (i.e. City) which they are willing to pay for such as police and fire protection. 2 -A demand for services that the hoiteowner should not have to pay for -This can be quantified -Businesses located in Monticello -Same facility located in Otsego Perkins 463,400 $6,794.00 Wendys 270,600 $3,738.00 McDonalds 398,600 $5,767 Kmart 2,825,700 $23,445 Comfort Inn 511,800 $7,561 Monticello Ford 511,000 $7,549 H - Window 1,426,000 $11,666 Remelle Eng. 1,028,900 $14,882 Clow Stamping 473,100 $6,947 Arrowflex 596,800 $8,909 $128,434 Christ Lutheran Church Ell Commerce encourages commerce - Remember - once the land is owned and occupied, the land is owned and occupied by someone, the same parcel of land can not be used by someone else. -Businesses do not locate where visibility, access and compatible neighbors are not found. Christ Lutheran Church urges the City Council to disregard the concerns over whether or not the land is appropriately used for commercial purposes, and thus is able to general funds which benefit all of the members of the Otsego community and concentrate instead on what Christ Lutheran Church presents as benefits. I have taken the opportunity to carefully study what has been presented both written and oral. These basic elements are contained in the information presented: 3 1. Christ Lutheran Church promotes a quality of life. 2. Christ Lutheran Church endorses both commercial and residential development. 3. Christ Lutheran Church provides community friendly services. In order to evaluate the validity of the elements, I looked to see what assumptions or factors will be used to support the elements. I should point out that only one member from Christ Lutheran Church was willing to discuss the request with me. This individual, as far as I know, is not a member of the present leadership. None of the leaders of the church have been willing to discuss this application. Regardless of the lack of discussion and communication, there are some conclusions which can be drawn from the church's information. 1. The agent for the owner of the land acknowledged at the hearing on this petition that the land is more appropriately used as commercial. 2. The three factors listed by the church to support its petition, ie., quality of life, endorses commercial and residential development and user friendly services also applies to businesses, who can provide jobs, work closer to home, health insurance benefits, daycare services and the list goes on. 3. The revised application is really only a two stage version of the initial proposal. Nothing has changed except that the requests for rezoning will come in two stages instead of one for the 10 acre parcel. Based on the facts available to me, I cannot support the proposed rezoning. 1. Removes a scarce limited resource - ideal future commercial projects from the tax rolls. 2. Commercial and industrial use locations are limited to a narrow corridor along Hwys 101 and 94. Neighborhoods object to locating businesses in any other area, as we learned with the 3rd industrial site proposal. 11 3. The conversion of commercial land to non -tax status does nothing to relieve the tax load on residents. 4. The bad precedent being established of ignoring the financial needs of the city and the need to balance the tax base. nusc\data\cichurch CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 6.Bob Kirmis, Asst. City Planner Planning 9/25/95 ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 0.2. Hilary Barry and Wilfred Lindenfelser PIE) 113-500-254300 Elaine Beattv,Clerk Z.A. A. REQIEST IS FOR FINAL PLAT APPROVAL BACKGROUND The Preliminary Plat and Rezoning from AG -1 to AG -2, has been approved for Lin -Bar Estates. They are requesting for Final Plat Approval and Agreement, which has been almost finished except Road, etc. REVIEW OF THE ISSUES At the Council Meeting of September 11, 1995 the discussed with Larry Koshak and the Council and of what needed to be done with easements, etc. ALTERNATIVES/IMPACTS: STAFF RECOMMENDATION to finish up the Developers for adding estimates for drainage issues were brought up and some determinations were made Recommendation from Staff is to Approval the Final Plat with the Conditions of the Reports as stated. Attached find the reports from NAC and Hakanson Anderson. The Developers Agreement needs to be finalized, Park and Trail Fees paid which is $350. for Park per each lot and $50. per each lot for Trail Fees, Total of $400.00 per lot. Also, the escrow amount will need to be paid and before any excavation is started a pre -construction meeting with the Engineer and Staff needs to be held. Thank you, SEP 21 '95 10:55 HAKANSON ANDERSON Hakanson Anderson Assoc., ! nc. September 21, 1855 Elaine Beatty, Clcrk City of Otsego 8899 Nashua Avenue Otsego, MN 55330 RE: Lin -Bar Estates Dear Elaine: 222 Monroe Street Anoka, Minnt—v%j 55303 612J427-5860 Fax 61214Z7-3401 Hakanson Anderson Associates, Inc. has reviewed the final grading and drainage plan for the above referenced project. We offer the following comments: Item #2 of our September 11, 1995 letter regarding this project indicated that a drainage easement would be required around temporary drainage ponds. An easement must be provided for the temporary drainage pond and the cul-de-sac located north of the proposed plat boundary. Item #4 of our September 11, 1995 letter regarding this project noted the easement requirerrrerlts next to the unplatted land. A 20' drainage easernent is required along the east property line. The plat must be revised to depict this 2.0' easement. Item #6 of our September 11, 1995 letter regarding the project required that an easement be granted for CSAH37 drainage. Per our September 7, 1995 letter regarding storm sewer impact fees, we recommend accepting a 0.57 acre easement in lieu of the impact fees. Andy MacArthur, City Attorney, is preparing the required easement forms. The easement must be dedicated as a requirement of the final plat. To minimlze erosion, a bituminous flume should be installed from the edge of the cul-de-sac to the bottom of the pond. Rlprap should then be placed at the bottom of the bituminous flume. A 40' section of 71 st Avenue will be constructed to allow for the street opening and curb radii to be Installed at this time. Because 71st Avenue has a down -gradient from Ogren Avenue, a ponding situation will occur Enginecr5 Landscapc Architects Surycyom P.1 FFNA C Northwest Associated Consultants, Inc. C O M M U N I T Y PLANNING e DESIGN 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 20 September 1995 Otsego - Lin -Bar Estates Final Plat 176.02 - 95.13 D EE (�� EE 0 �V'7 SEP 2 $ 1995 Mr. Wilfred Lindenfelser and Mr. Hillary Barry have requested final plat approval of the Lin -Bar Estates subdivision located north of County Road 37 and east of Odean Avenue. At its 28 August meeting, the City Council approved a rezoning of the subject 52.3 acre property from A-1, Agricultural Rural Service to an A-2, Agricultural Long Range Urban Service District designation. The A-2 District allows a maximum residential density of one dwelling unit per ten acres of land. The subject plat is identical in terms of layout to the previously approved preliminary plat. Attached for reference: Exhibit A - Site Location Exhibit B - Approved Preliminary Plat Exhibit C - Final Plat Exhibit D - Final Grading and Drainage Plan 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 L1 '35 1U:56 HAKHNSON HNDERSON Elaine Beatty Page 2 September 21, 1995 on 71 st Avenue. Water cannot be allowed to pond on the roadway_ The pavement will deteriorate at an accelerated rate. An alternative would be to extend the excavation west and provide temporary ponding. Another alternative would be to grade the roadway to drain to the north. We are available to discuss this item further. The City's Standard Specifications for Street Construction for Developers depicts the minimum requirement for cul-de-sac. For urban design, a 45' radius roadway and a 60' radius R.O.W. is required. If the City is to maintain this roadway, these requirements must be met. Although the cul-de-sac is constructed as a temporary turn -around, the City could end up maintaining it for several years. The typical roadway section depicted shows a 30' back to back roadway width. This must be revised to depict a 34' wide back to back width per current standards, The base and subbase widths will then have to ba corrected accordingly. We recommend approval of the final plat contingent on incorporation of the above. referenced items. Please review, and call if you have any questions. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. 1�rv;n e X -,/L Kevin P. Kielb, PE 7 ec; Lawrence G. Koshak, PE BobA*Wmr- /G r, m 15 _--Andy MacArthur, Attorney Wilfred Undenfelser Hilary Barry Virgil Hawkins, Assistant County Engineer nral3a." /_ 4"' P.2 Recommendation Based on the following review, our office recommends approval of the Lin -Bar Estates final plat subject to the following conditions: 1. A temporary cul-de-sac is constructed at the northern terminus of Ogren Avenue. 2. Direct single family lot access to County Road 37 is prohibited. 3. An access permit is obtained from the Wright County Highway Department to accommodate the Ogren Avenue access to County Road 37. 4. A deed restriction is placed upon the subject property to prohibit further subdivision and ensure compliance with A-2 District density requirements. 5. The applicants demonstrate that the proposed subdivision will have no wetland impacts. 6. The submitted grading and drainage plan is subject to review and approval by the City Engineer. 7. All proposed lots are determined by the City Engineer to be capable of accommodating a private well and septic system. 8. All park and trail dedication requirements as determined the Park and Recreation Committee are satisfactorily met. 9. The applicants enter into a development agreement with the City and post all the necessary securities required by it. 10. Comments of other City staff. ISSUES ANALYSIS Consistency with Approved Preliminary Plat. The lot, block and street design illustrated on the final plat is consistent with the preliminary plat which was approved by the City Council on 28 August 1995. Zoning. In conjunction with previous preliminary plat approval, the subject 52.3 acre property was rezoned to an A-2, Agricultural Long Range Urban Service area designation. The A-2 zoning designation allows a maximum density of four residential dwelling units per 40 acres of land. Consistent with such provision, the proposed final plat calls for the creation of five development sites upon the 52.3 acre subject property. Lots. The five lots illustrated upon the final plat are identical in configuration to those illustrated upon the approved preliminary plat. All lots meet or exceed the following minimum standards for lots in the A-2 Zoning District: Lot Area 1 acre Lot Width 150 feet Lot Depth 150 feet Setbacks. The proposed lots have demonstrated an ability to comply with the following A-2 setback requirements: Setbacks From Setbacks From Cent .rlin . Right-of-Wwv Lines 130 feet 65 feet 130 feet 65 feet 65 feet 35 feet 35 feet 35 feet State/Federal Highway County Road Local Road From Cul -De -Sac Right -of -Way Streets. The street layout illustrated upon the final plat is identical to the that illustrated on the approved preliminary plat. The proposed street name (Ogren Avenue) has been found to be consistent with the City's street naming plan. tv As a condition of final plat approval, a temporary cul-de-sac is to be constructed at Ogren Avenue's northern terminus. While all street right-of-way within the plat (southeast area) must be dedicated at this time, construction of that street segment between Lot 1, Block 1 and Lot 1, Block 2 may be deferred until such time as westerly development occurs. As part of the subdivision's development agreement, however, an escrow should be established to cover future costs of the said street segment. County Road 37. In compliance with City policy, direct single family lot access to County Road 37 will be prohibited. Resultantly, all lot access must be achieved via Ogren Avenue. As recommended by the Wright County Highway Department, a 50 foot right-of-way dedication (from centerline) has been proposed. If determined to be necessary, the applicants will be responsible for costs associated with construction of a county road bypass lane. This issue will be specifically addressed in the subdivision's development agreement. To accommodate the FROM CITY OF OTSEGO PHONE NO. : 612 441 4414 ,Y '.(.; ,: �;., �•.,. • . � j; f � IJj7•!ljli • ,,t ��,,tv.�;• ��, r ca �,• jj c i r •� S 1 G: .s '�S�f.'• d, .j •�! �� — ' � Ej�t6 ,�'� 1 ��SF'�;it !!!,'w• � '.� � �' 'ti.i. ul 11JC: ls •• � ) '.trj�'�r�•;i1�P��,`.'••'',�'' �I,'' ••'',• Q \\ ' "'� ' i• '/•p � _ �l• 3 i •�k'9 cut Ll iu •jaf! i r' •+, ' vr•,n`��w•�,. •/ri ��ut," '� - � - /. ., `.y�t�a • 1 ':�.i�T.l�:.i.�.1-•+'�.!' 1-,..1:r.;+,,.,� +t'• �S •i,-s\�,.� +Ll : �= `�� ,u � ,I'� ijJ� . i!�'� jL 96 , '� •;%•' •'`•. � '•r l -.I'• : / ,. %/ t / , r � � Ili ter' • •,$ ! � ,')< ��; , ,.."• ..t t•- �'\ ,v'.� �. • . � k,..,• .• ci./�'r'.-s +"I � �-Y\ •''•I �• : r.Y: 'r''�/'�'� 13¢ O�13�!i�r i. �� ^,+ 1 / •'� ,.•Y'. / r1 �•••I��'/.t i�•r :I i' •i ./"•�\ 5:Sii' j: .�i, •• S •/.,'i.7,•/: 1.--'•t'!,.^','-r '7 moi•'•'.. I / /1 •� y �.'i0 •r:,1;;.'. L 1. r,� i • * % / ('A� /!; ;/%. /,t , N W': i%��'��'Q'. ` 1 '; /; , r 1. ••'.`�. 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"""�° I• •"'[•'`'"{"•"'•"'""� �� ' •'•' ` `' ------�__.4..._ EXHIBIT D -FINAL GRADING &DRAINAGE PLAN proposed subdivision, a county road access permit will need to be acquired from the Wright County Highway Department. Deed Restriction. Consistent with Section 20-52-6.B.l.c of the Zoning Ordinance, a deed restriction will be placed upon the subject property to prohibit additional subdivision an compliance with maximum A-2 District density requirements. Wetlands. As a condition of final plat approval, the applicant must demonstrate that the proposed development will have no wetland impacts. This issue should be subject to further comment by the City Engineer. Grading and Drainage. In accordance with plat submission requirements, the applicants have submitted a final grading and drainage plan for review (see Exhibit D). As a condition of final plat approval, the grading and drainage plan must be subject to review and approval by the City Engineer. Well and Septic System. According to A-2 District provisions, the proposed dwelling sites must be capable of accommodating a private well and septic system. As a condition of final plat approval, such finding must be made by the City Engineer. Park and Trail Dedication. As a condition of final plat approval, all park and trail dedication requirements, as determined by the Park and Recreation Committee, must be satisfactorily met. Development Agreement. As a condition of final plat approval, the applicants (developer) will be required to enter into a development agreement with the City and post all the necessary securities required by it, including an escrow for future street construction. CONCLUSION Based on the preceding review, our office recommends approval of the Lin -Bar Estates final plat subject to the conditions listed in the Executive Summary of this report. PC: Elaine Beatty Larry Koshak/Kevin Keilb Andy MacArthur Willy Lindenfelser Hillary Barry C! rn x x W D --1 m r- 0 O n D —i O z Prepared by: FNoahwost Associaled Consullanls. Inc. Base Map by: I ---]]I Hakanson Anderson Assoc., I n c. SCALE IN FEET NWWNt� 0 2000 4000 6000 DECEMBER 1991 CITY OF TSEGO ON THE GREAT RIVER ROAD Ire R EXHIBIT B - APPROVED PRELIMINARY PLAT FROM': CITY OF OTSEGO PHONE N0. : 67'D 441 4414 lrt'L�f1 c—LO r 36.00 , N 88053148"E 280-00.-- 80.00. N 8 8° 5 3' 4 8"E N \ -•169.00 -- � � 0 0 � 220.00 T7 t 10 1 00 M co 10 10 � C6 , p x a` Cr r r N O O N 1 O N 220.00 . - N Z i 5 3.1.40 z N FT 88° 53'48'E 6- R=20.00 1 L149.01 30 30 O oo o 0 2 cc 1 w 71 st Street N.E. o Q` O ti O N -0:.31.05 207.00 '5 YlE� 31.05 S 8°53'48'Wo �104 o °' N \ cn CD " U 1 i 164.09 /1 m 3 220.00 t o-6 0 I O 31.43 Q N 0 m 0=90°o1'a5" 5 o N 88053'48' E N w w cl) R:20.00 10 Z 10 m r d r 3 O o �; -0 `o Q" 0 C6 N m r N o� 2 3c Z ~�,..,.• 185.00 220.00 ,• 30 30 0 C 0 C.S.A.H. N0.37 oo 70th Street N.E. o o I 1 o 'n 215.00 250.00 ,n 1 i --- - 465.00 --- ;�;,�, ; - 7 s 88°53'46"�w 1 /4 South Ilne of the S1/2 of the SE EXHIBIT C - FINAL PLAT CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 7. Andy MacArthur, City Atty Legal 9/25/95 ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 7.4. Resolution Re: VanTatenhove Drainage Impact Fee Elaine Beatty, Clerk, Z.A. BACKGROUND The Drainage Impact fee was discussed last Council Meeting on September 11, 1995. Attached is a Resolution Establishing a per acre fee for affect of that plat designated as VANTATENHOVE ESTATES on the overall drainage of the City of Otsego. This Resolution was prepared by Atty. Andy MacArthur. This resolution establishes a per acre fee of $1,000.00 for drainage impact of the proposed plat. Also credit will be given for any ponding above the required plat ponding and it will be credited towards the per acre fee. STAFF RECOMMENDATION Staff recommends that this Resolution be accepted to establish the above fee for Stormwater Drainage impact fee for Vantatenhove Estates. Thank you, wiuiam S. Radzwiu Andrew J. MacArthur Michael C. Couri September 20, 1995 RADZWILL & CO URI 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 Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 RE: Proposed Resolution Establishing A Drainage Impact Fee For VANTATENHOVE ESTATES Dear Council Members: Enclosed herein for your consideration at the regularly scheduled City Council meeting on September 25, 1995 please find a proposed resolution establishing a $1,000.00 per acre fee for the drainage impact of the proposed plat of VANTATENHOVE.ESTATES, per previous Council direction. I will be available at the Monday meeting to answer any questions you might have. Very my yours, drew ac thur RADZWILL & COURI Encl. cc: George Vantatenhove Bob Kirmis, NAC Larry Koshak, Kevin Kielb, Hakanson Anderson CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. RESOLUTION ESTABLISHING A PER ACRE FEE FOR AFFECT OF THAT PLAT DESIGNATED AS "VANTATENHOVE ESTATES" ON THE OVERALL DRAINAGE OF THE CITY OF OTSEGO WHEREAS, the City of Otsego has established an overall Assessment Policy for the City which policy is generally set forth in Otsego City Ordinance No. 24-1; and WHEREAS, the City has further established through ordinances and resolutions an overall City policy regarding drainage improvements, both within a proposed plat and regarding the affect that said plat will have on the overall City drainage; and WHEREAS, the proposed plat of VANTATENHOVE ESTATES is located within the Hall's Pond Storm Water Drainage Taxing District; and WHEREAS, the area wherein the subject plat is located will most likely be transferred to the North Mississippi Storm Drainage Taxing District; and WHEREAS, the City Engineer has determined that ultimate drainage from this site should be directed to the Mississippi River to the north, and has recommended that properties located within old Subdistrict #1 of Halls Pond District (now within the North Mississippi District), Subdistrict 5C in Halls Pond District, and Subdistrict 3 in the North Mississippi District all be treated as one unit for the purposes of formulating a fee for the affect of developed property on the City wide drainage system; and WHEREAS, the City Engineer has estimated that within the above described area there is approximately 60 acres of developable property, which, when developed, will affect drainage within the City; and WHEREAS, the City Engineer has further determined that the approximate cost of providing adequate drainage to the above described area is estimated at $60,000.00 in 1995 dollars; and WHEREAS, the City has directed the City Engineer to compute an estimated per lot acre for VANTATENHOVE ESTATES based upon its contribution to the City drainage system; and WHEREAS, it is City policy that the Developer be given credit against this fee for extra ponding within the plat beyond that needed to resolve the immediate drainage concerns within the plat, said credit to be determined by the City Engineer. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO that there is hereby established a per acre fee of $1,000.00 for acreage within the plat of VANTATENHOVE ESTATES for the affect of said subdivision on the overall trunk drainage system of the City of Otsego. Further, the City Engineer is directed to compute the amount of additional ponding (if any) within the plat and to convert that to a money amount which shall be credited against the above mentioned per acre fee. IN FAVOR: RMa • � V2 1OT CITY OF OTSEGO Norman F. Freske, Mayor Elaine Beatty, City Clerk CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGE:dDA SECTICN ORIGINATING DEPT. :±E-_T7:7C :DATE COUNCIL ITEMS FINANCE SEPTEMBER 25,1995 ITEM NO: ITEM DESCRIPTION PREPARED BY 8.2 CONSIDER ENGAGEMENT LETTER FROM ABDO, ABDO & EICK FOR 1995 AUDIT P.3cedigheime;1' Attached for your review and consideration is the engagement letter from the City's auditors, Abdo, Abdo & Eick for their services to perform the 1995 audit. Their letter- indicates that their audit fee estimate for 1995 is $3,875. I met with Gary Groen from Abdo, Abdo & Eick to discuss the 1995 audit, the workpapers and schedules that I would prepare prior to their field work, audit work, and final report. After our meeting and review of a "client to prepare" list of schedules, the fee estimate was revised from the original amount of $4,975 to $3,875, as quoted in the letter. The fees for service will be based on actual time spent at their standard rates, plus travel and other out-of- pocket expenses. Their hourly rates vary according to the degree of responsibility and the level of personnel assigned to the audit. This estimate is based on our preparation of workpapers and preliminary trial balances and the assumption that there are not any unexpected circumstances. Should there be any significant changes, these issues will be discussed with the City Council before any additional costs are incurred. The firm of Abdo, Abdo, and Eick has performed the City's audit since it's full year of incorporation. The fee estimate for the 1995 audit is, I believe, fair and reasonable, and less than the proposed budgeted amount for 1996. Therefore, it is recommended that the City Council approve the engagement letter as proposed by Abdo, Abdo, and Eick for the 1995 audit. August 14, 1995 Honorable Mayor and City Council City of Otsego Otsego, Minnesota ICK CERTIFIED PUBLIC ACCUI.INT.-\NTS AND CONSULTANTS, This letter will confirm our understanding of the services we will provide for the City of Otsego for the year ended December 31, 1995. We will audit the general purpose financial statements of the City as of and for the year ended December 31, 1995. Our audit will be made in accordance with generally accepted auditing standards and government auditing standards and will include tests of the accounting records of the City of Otsego and other procedures we consider necessary to enable us to express an unqualified opinion that the financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. If our opinion is other than unqualified, we will fully discuss the reasons with you in advance. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters. An audit includes exmnining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will advise you, however, of any matters of that nature that come to our attention. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Member of American Institute of Certified Public Accountants Private Companies Practice Section 115 EAST HICKORY STREET, SUITE W2 204 EAST PEARL STREET 1060 NORTHLAND PLAZA PO. BOX 1166 PO. BOX 145 1800 WEST 80TH STREET MANKATO..MINNESOTA 560021166 OWATONNA, MINNESOTA 55060.0145 MINNEAPOLIS, MINNESOTA 55471 1507) n25,2727 (507) 451.9116 (612) 815.9m FAX 15071 119L9119 FAX (5071 451-0774 FAX 16121 69b 1620 City of Otsego August 14, 1995 Page Two ABW L EICK We understand that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the maintenance of adequate records and related internal control structure policies and procedures, the selection and application of accounting principles, and the safeguarding of assets. Our audit is not specifically designed and cannot be relied on to disclose reportable conditions, that is, significant deficiencies in the design or operation of the internal control structure. However, during the audit, if we become aware of such reportable conditions or ways that we believe management practices can be improved, we will communicate them to you in a separate letter. Our fees for these services will be based on the actual time spent at our standard hourly rates, plus travel and other out-of-pocket costs such as report production, typing, postage, etc. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. The estimate is based on anticipated cooperation from your personnel in the preparation of supporting workpapers and preliminary trial balances as we have discussed and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Our audit fee estimate for 1995 is as follows: Year Ended Fee December 31. Estimate 1995 $ 3 875 We appreciate the opportunity to be of continuing service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, ABDO, ABDO & EICK Certified Public Accountants 4ary A. aroen, CPA Minneapolis Office City of Otsego August 14, 1995 Page Three RESPONSE: This letter correctly sets forth the understanding of the City of Otsego. Title: Date: ALDO ICK Giml iw I'l ri i, A, \.vm, CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION ORIGINATING DEPT. MEETING DATE COUNCIL ITEMS FINANCE SEPTEMBER 25,1995 ITEM NO: ITEM DESCRIPTION PREPARED BY 8.3 CONSIDER JOINT BOUNDARIES OF ALBERTVILLE &: OTSEGO FOR PURSUIT OF FUTURE INDUSTRIAL DEVELOPMENT AND ALLOCATION OF FEES FOR PRELIMINARY WATER STUDY P.Boedigheimer Albertville EDA members Duane Berning and Curt Muyers have met with EDA President Larry Fournier and myself regarding the possibilities of a joint partnership for economic development along the boundaries of the the two cities. Our discussions have involved the definition of boundaries to be included in the targeted area, services of water and sewer to the targeted area, partnership arrangements, financial issues and possible marketing methods. These meetings have been open and general in nature regarding all of the issues and possibilities for a joint partnership. But in order to proceed with the objective of a partnership for economic development, the targeted area needs to be defined. After the area is defined, a preliminary water and sewer study can be accomplished to determine the feasibility of services to the targeted area, and ultimately the feasibility of a joint partnership for economic development. The possible boundaries in a phased development approach was discussed at a budget worksession in August. The attached section of the City's map outlines the phased boundaries as discussed with a potential timeline of five years for the first phase, ten for the second, and fifteen years for the third phase. These proposed boundaries are for preliminary water and sewer service feasibility and general discussion only ,at this time. The City of Albertville would then request their engineer to project sewer service feasibility to each phase in the targeted area and the City of Otsego would request their engineer to project water service to the areas in the same manner. I discussed an estimated cost for a basic preliminary study for water service to the targeted area with the City's engineer Larry Koshak. Larry indicated to me that the estimated cost would be $500.00. Larry Fournier and I will be meeting with Curt Muyer and Duane Berning on September 27th and would like to bring a map outlining the boundaries as we have proposed for their city engineer to use in the sewer service feasibility study. We would also like to offer the preliminary water feasibility study to be done by the City's engineer, Larry Koshak. Therefore, it is recommended that the City Council approve the proposed boundaries as outlined in three phases for discussion of a possible joint partnership for economic development and to also authorize the City's engineer to prepare a report regarding water service to the targeted area for a cost of approximately $500.00. � Z 1w Z Al 1_w N O N L 7f(//J S30anos a3Hlo ONv s3waoHlnV 's33Luo (/ ami 31VI5 .k Nnoo Yloa3 vivo ONV / — NOLLVWaOdNI 30 NOLLvIIdMCD V SIN3N3ad3a 11 'dM Maa03311 JIIWOM V ION S1 SIMI 1331LL5 I — — 15 4i0/ 3'N I ----- I I � I I S I — I i '� 4�SI '3"N) �•-s (1 Lf -ON I 'FfYY� 3Y15 4KI I I I I I I � •�r��v � I I O j h+ I I i I � I I I I I I L33rilS 4i0L '3•N I I I I --- ------------ ------ ----- ---- L33iLLS 4101 I I I 9 -II -ON XVU XVM 3o IN= wouvLaoasn+lu i 30 l,anuna3a vto53r«�1 I I I I I I I ----- ------ I I —1 ------ ----- I I I i i I --�— --- I I I I I I I I 4itL 3N I I I I I I I ------ L33ML5 WSL I I m I I I v I I I 1.33LlS W.0 '3•N I LS 4111 3N I v I I Z i I I I I L331LLS WOI ' ----- ----- ----------- wo/ 3N ILi I I I I r I I I I I I n z I I i I i I I � i I L33W 4K/Li '1S 4m 7N — — — -1 I m 7 I V I I .� CITY OF OTSEGO RF.OITEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 8. Council Items Council 9/25/95 ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 3.4. Discussion of Otseac Visioning Session Elaine Beattv, Clerk/Z.A. BACKGROUND The Visioning Session for the City of Otsego was set a long time ago to be on the 16TH of October at 6:30PM. Dave Licht was asked to do a visioning session with Otsego's Council/Staff/Boards and Commissions much like he did with the City of Albertville. Dave Licht asked that everyone be thinking about what they would like to see for their City in the future and bring that to the Visioning Session. Norm Freske will discuss this a little with the Council. Dave Licht is preparing a Memo as to how he will be conducting this Visioning Session. It will be forwarded to everyone as mentioned above. This is for your information as there was confusion. Thank you, U - -- 'STI: ---- - , .-.- ST JOSEPHS EQUIPMENT INC PAR`7 _ . _.. =5 ?8, T.1 !, ,�-1 .,M T^ C -•F ili-aQT - �!�!^„�.__ - Tr ^1l t�ACC^ .--_\I SUFERIOf' r_HEHI_IaL "Ic =y=f 7.:,1' WE'_ _ `1I�tt•tE��C'.: ?1l'—_,=.L �HC, ' , C-�,� ^:5�=%.--- r �-- = - - - -. _: -; __ - - - - - ST JOSEPHS EQUIPMENT INC PAR`7 _ . _.. =5 ?8, c7=P4FN COMPnY 7CPN -`JF^c''^A�'IT Tcgllc SUFERIOf' r_HEHI_IaL 7.:,1' WE'_ _ WPISHT COUNTY HIGHWAY DEPT CUL`%=r.-S _-.__,?3 99Z NORTHWEST ASSOCIATED CONSULTANTS AUG_'ST PLAN?NING WORK 1 5 993 ,0::1 9 {. 'onrl -•.Ir• ,-I '—I .cC -,,n, �? TnT"I Fno ,,,,f`rITH 1 q1 _7^7 S- TOTAL YEAR TO DATE 561 �OO' r .V= ;: _ � "c - T -C TCTAL SCM nqr-_, - - - = _ C ;HCT _'7=C, =1 r e, .F `wA. ^cp -_ :':Mr"- r+rT?nC>.�C�1T T�'I I^ /^..� ^C^�^r •=rrr. _'.> rr;1c nn. c _-_ _- 57 SO.00 'n Ili it - P..:':ER _ -7 _ -r...� �ii�l �l�L .� 1''•. JERFY OLSOP; FE:'1E'!!''E FOP FILM ti DEVELOP ^4/.:/95 959 3n C2 I -- IT: nr_p Qc'•A c_: Oe,^ e_-_•.np _c!I!-^/F M %1r o/ .o c, 972 500.00 COMMISSIONER OF TRANSPORTATION r_ITf SHARE CF BRIDGE SIGN 09/13/95 961 1 J TERRY MERRITT STIPEND FOR MCCERATOR-3 MEETIP:GS 09/13/95 962 1.5v.00 CITY OF A,NOKA I tier- oc,;TnNAI MPcTrNr=.-Q ATT Nr1 no;,o/05 962 r^S n ELK RIVE? AREA CHAMBER OF COMMERCE r� ,ii. ME".EE='_,-;IP 95--? YE"^ 09:' 1/95 965 _O5.C,C DELTA DENTAL OCT.EER P.:EMIUM 04/=1/95 966 179.9C WRIGHT COUNTY RECORDER RECORDING FEE-ROEERT CULLINAN 09/21/95 967 19.50 AF=-nPn42Lr =ANTTATTr)N Tnrl ❑T ecN741 09/21/95 972 500.00 CITY OF ALBERTVILLE FIRST HALF FIRE CONTRACT 09/21/95 969 6,992.66 BUFFALO EITL'MINOUS PAY ESTIMATE #2 -37TH AND OCEAN 09/21/?5 970 108 ,697.64 r`.%WTr, r=lv., eT N.Mr Of ..Tc^. ^0 /-1 AEPC°,AL 0'.':1.'?5 CHRISTIAN BUILDERS REFUND OF LANDSCAPE ESCROW 09/21/95 972 500.00 COP.ROW TRUCKING AUG:ST Rc-CYC:ING 09/21/95 973 ()PPnl,l I AWN R TRPTr.:TTnr.l capOl ilre gPP'rNKT c^ WF4n CENTRAL RIVERS CO-OP AEPC°,AL 0'.':1.'?5 975 C.' -.OW RIVER FARM EQ]:IFMCNT.:;,:•iiCR,:H„^T,C:i•^.'iCL,C%T , BAR>P.OD Oa/21/95 976 82.4= DJ'S TOTAL HOME CENTER SAK^ETE AND RAID 09/21!?5 977 2?.15 GLENS TRUCK CENTER INC YOKE K.IT & SPRING BRAKE 09/21/95 978 59.81 FACT TnNKA CANTT'TTnrl Al Ir ICT pFr• •^ rr.:r n•l/„ rete n7C -^r nr ROBERT HILLEREN PARTIAL REFUND OF ESCROW 09/_1!?5 980 POSTAGE BY PHONE POSTAGE FOR TPIAL PO"TAGE METZ^ 981 ISO.QC I-I^F::pT r-no0c•c^� Tn!' - Com^ n�GNI,I�GLF^ /10 � ^C 00', _ 1r LAPLANT SANITATION INC i AUGUST RECYCLING 0n.'21/95 983 = G ,