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06-23-03 CCI had called the city 3 times and the city attorney 4 times trying to get answers and all I received, in my opinion, is a run around (except a letter finally from the engineer that they would not take or damage any trees on my property except that the lilac bushes would have to go. I was told that there was another meeting to be set up and the attorney would let me know when it would take place (this did not take place). I sent a counter proposal to the attorney on April 21. About May 20 all my property was marked off and trees for removal were painted of which was before the court hearing (trespassing and destruction of private property). Road closed signs were put up sometime after 7:30 at night on May 22 because when I left for work at 5:25 in the morning a sheriff s car pulled me over for crossing 85`x' street and gave me a warning. Also threatening me that he would give me a ticket if I crossed it again. No letter was sent out warning residents of this and no detour signs put up. The counter proposal was returned to me on the Tuesday, May 27 as acceptable (over a month later) this was only of the land the city wanted but nothing addressed on my property itself. The city attorney called me on, Wednesday, May 28 and wanted to know why they had not heard from me yet. As we were going to court on Friday, May 30. I went to the quick take court hearing on Friday, May 30 and had the opportunity to try and address these problems. The Judge was adamant in saying that "the attorney had better get together with his client and start talking to me before he gets an attorney and we end up in litigation over this" he offered his court room several times and also the conference rooms across the hall in which we did use but I was told by the attorney he would get back to me in the next 2 weeks with time that we could possibly meet at (this did not happen). Under Good Faith I accepted the apology for the property and trees being marked and gave them permission to cut down 1 tree in the north west corner of the lot (they wanted this tree because it would be easier to slope the grade for the bike trail and some lilac bushes that were to be removed) also gave permission to start digging on the property. I called the city planning person when I got home from the hearing and talked to him about the situation (he sent me out a present layout of buildable area on my property but did not address the issues. After 2 weeks On June 12 at 9:00 am I came up to the city hall and requested answers again. I was told that the city attorney should be addressing this. If he did not get in touch with me to call city administrator (Mike) and talk to him. I Again, Under Good Faith signed the land over to the city. As the judge had already gave the land under a quick take to the city. At 4:20 I left home for a veteran appointment. at 4:25 received a message from city attorney saying he did not know I had other issues. At 5:30 returned a call to city attorney got his answering machine and left a message for him (ran out of time on message). Then called Mike (city administrator) at 5:40 He told me that I would have to fill out a form of some sort and would get it to me next week. (this also did not happen) I went again to City Hall on Thursday, June 19 was told that Mike was gone all week he left on Tuesday and would not be back until Monday, June 23 and that I could address this in front of the city council meeting at 6:30. So far I have done all of the legwork as it were and have made concessions Under Good Faith hoping the city would work with me. But, in return I have been lied to, sent around in circles, been pulled over by county sheriff, had my property marked and painted and am avoided by the city people. Also now I have one pine tree damaged and an ash tree dug under, roots cut, in the drip line, a cable being buried on my property (not in the easement). I need and want these issues addressed. Kevin E. Brand 8480 Packard Ave. NE Otsego, MN 55330 CLAIMS LIST CITY COUNCIL MEETING JUNE 23, 2003 TO: Judy Hudson Attached is the Claims List for the City Council. For more details, please refer to the Check Detail Registers. If you have any questions regarding this service, please let me know. Claims Register 06-16-2003 $ 443,112.61 06-19-2003 32,692.45 GRAND TOTAL $ 475,805.06 If you have any questions or if you would like to review this list further, please let me know. Kathy Grover Bookkeeper CITY OF OTSEGO 06/16/03 10:30 AM Page 1 *Check Summary Register© JUNE 2003 Total Checks $443,112.61 FILTER: None Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid AFFORDABLE SANITATION $173.25 HC RENTAL UnPaid AIRGAS, INC. $21.07 ACETY/HAZMAT/OXYGEN UnPaid AMERICAN LIBERTY CONSTRUC $46,208.00 PARKS UnPaid AUDIO COMMUNICATIONS $108.52 GRADER - ANTENNA/RADIO UnPaid BANK OF ELK RIVER -1 $50.00 SAFE DEPOSIT BOX UnPaid BONESTROO ROSENE ANDERLI $101,662.03 EAST WWTP EXP UnPaid BREZE INDUSTRIES $17.14 NUTS/BOLTS UnPaid CITY OF ELK RIVER $92,818.00 FIRE CONTRACT UnPaid DEMCON DISPOSAL INC $1,629.79 CLEAN UP DAY 11 LOADS UnPaid DJ'S TOTAL HOME CENTER $109.04 94 FORD TRUCK UnPaid DRESEL CONTRACTING INC $101,241.50 85TH STREET PROJECT UnPaid ECM PUBLISHERS INC $196.65 BUEGE UnPaid ELK RIVER PRINTING & PARTY P $44.73 LAMINATING PLAT MAPS UnPaid FENNA HOMES $1,000.00 8324 PADRE CIR LNDSCP UnPaid G & K TEXTILE LEASING SYSTEM $605.29 UNIFORMS UnPaid GOPHER STATE ONE -CALL INC $3.80 LOCATES UnPaid GRIDOR CONSTR., INC. $75,700.00 WWTF2 UnPaid H G WEBER OIL COMPANY $1,127.09 GAS UnPaid ICMA RETIREMENT TRUST $422.31 PPE 6/7 CK DTD 6/11 Unpaid JAMES BIRHANZEL $100.00 REFUND OVERPAYMENT PERMIT P-03-305 UnPaid KEVIN E BRAND $3,000.00 85TH STREET EASEMENT UnPaid MARGE L STACKHOUSE $1,500.00 85TH STREET EASEMENT nPaid MIDWEST LANDSCAPES $210.00 SPRINKLER STARTUP/REPAIR JnPald MILLER ENVIRONMENTAL INC $240.00 RIVERWOOD UnPaid MONTICELLO ANIMAL CONTROL $99.00 PICK UP 3 DOGS UnPaid MOODY'S INVESTORS SERVICE $10,600.00 PROF. SERVICE BONDS UnPaid NORWOOD HOMES INC $1,000.00 7924 PALMGREN LNDSCP UnPaid PREMIER CUSTOM HOMES INC $1,000.00 9911 JANDEL LNDSCP UnPaid PUBLIC EMPLOYEES RETIREME $1,234.37 PPE 6r7 CK DTD 6/11/03 UnPaid REED BUSINESS INFORMATION $584.22 03 STREET MAINT BID UnPaid SCHARBER & SONS $194.98 CREDIT UnPaid TOSHIBA AMERICA INFO SYS IN $211.83 TOSHIBA COPIER Total Checks $443,112.61 FILTER: None CITY OF OTSEGO 06/16/03 10:31 AM Page 1 *Check Detail Reqister© JUNE 2003 heck Amt Invoice Comment Unpaid ,10100 BANK.OF ELK RIVER...... . ,.:..::..:...:..: ;:....:::..:..:............... ,... ... :......:...........::..........:...........:.......:.....:.......................................................,:..,, ...:r,..,,.:.., .. ,,, ................................................ ..... . Paid AFFORDABLE SANITATION E201-45000-410 Rentals (GENERAL) $173.25 306034 HC RENTAL Total AFFORDABLE SANITATION $173.25 Unpaid.................:..............................:...:.AIRGAS, INC.................................:............,......A.............................................:..:.:...w.....:.,.::..,�.,., ,..............,.............,... E 101-43100-210 Operating Supplies (GENERAL) $21.07 105116323 ACETY/HAZMAT/OXYGEN Total AIRGAS, INC. $21.07 U.n:;.aid:,......r,....................,: P ...... ...........,. : - AMERICAN LIBERTY CONSTRUCTION �:.:.............,.N.,.,..,.::.....,.:,...............,::..,...............:.,,........,,.....,....,...:..,....... ................... E 203-45210-530 Improvements Other Than Bldgs $46,208.00 PAY 2 PARKS Total AMERICAN LIBERTY CONSTRUCTION $46,208.00 Unpaid:............................................... ....:AUDIO COMMUNICATIONS ....k.� M :� .r .,, w .� . ..:.N......::......:...,.. u , ....,.,,...-................. . E 101-43100-220 Repair/Maint Supply (GENERAL) $108.52 62415 GRADER - ANTENNA/RADIO Total AUDIO COMMUNICATIONS $108.52 Unpaid;:.:::.....:..:............:.: .:......::..........., BANK OF ELK RIVER -1 E101-41400-410 Rentals (GENERAL) $50.00 SAFE DEPOSIT BOX Total BANK OF ELK RIVER -1 $50.00 Unpaid.:., ..........................:...:................::.BONESTROO ROSENE ANDERLIK:::.,.::.......,...,..::....:...............:......,................::....................,.wM,,.:.:H,,,......::,.N. E 429-43256-302 Engineering Fees $21,987.18 98513 EAST W WTP EXP E 429-43256-302 Engineering Fees $2,974.85 98514 E W WTP III EAW E 430-43100-302 Engineering Fees $76,700.00 98515 WEST W WTP Total BONESTROO ROSENE ANDERLIK $101,662.03 UnpaidBREZE INDUSTRIES ....:..:..:......:.......:.:..........,.:..........:..:.......:...,..:.:..., :..............:..:..:......:.,..,:.:.:...:...,.,.... E 101-43100-203 Supplies - General $17.14 15252 NUTS/BOLTS Total BREZE INDUSTRIES $17.14 .Unpaid:....................................................::CITY �OF �ELK�RIVER':.............,.......,.,.....::...�H...:.,,h..:..,,M,.....w...,..H..,,,x....,,,...,,,,...,k...,,�:,:...,,,...�,,,.,,.,..,..,.,.,,......,.,...,..., E 210-42200-390 Contracted Services $92,818.00 2003264 FIRE CONTRACT Total CITY OF ELK RIVER $92,818,00 Unpaid DEMCON DISPOSAL INC E 101-43620-390 Contracted Services $1,629.79 12846 CLEAN UP DAY 11 LOADS Total DEMCON DISPOSAL INC $1,629,79 �Unpaid::................,............,..,, ................::.:DJ'S TOTAL HOME CENTER.�....,..,............,.,,......,....,.:..:::...Y,.,,:.....................................:...........,,.......:..,,,...,.,,...,.,.,n E 101-43100-203 Supplies - General $85.19 673259 MISC E 101-43100-203 Supplies - General $12.84 674345 MISC E101-43100-220 Repair/Maint Supply (GENERAL) $11.01 679219 94 FORD TRUCK Total DJ'S TOTAL HOME CENTER $109.04 Unpaid`.:..:..: ..................:...............,......::::.DRESEL� CONTRACTING � INC::.:..:.,....,,......,,,......,.,..:.:.,.:::,,,..,,,,,,,.:...,.v......:.r...:::.,m..,:.....:....,,,,....x...,,,.....:.............,, E 435-43100-530 Improvements Other Than Bldgs $101,241.50 PAY 1 85TH STREET PROJECT Total DRESEL CONTRACTING INC $101,241.50 paid:...........................:........................::ECM PUBLISHERS INC:...:::::..,N.:.::...,w::..,....:....,.:.......,....:.. M.........., .,.... ,.....,.,.., E101-41400-350 Print/Binding (GENERAL) $48.45 147255 BUEGE E430-43100-350 Print/Binding (GENERAL) $48.45 147256 WWTP AD E428-49400-350 Print/Binding (GENERAL) $48.45 147257 PUMP HOUSE E 428-49400-350 Print/Binding (GENERAL) $51.30 147258 WATER TOWER Total ECM PUBLISHERS INC $196.65 UnpaidELK RIVER PRINTING & PARTY PLU .................. ................................................................. E101-41400-350 PrinUBinding (GENERAL) $44.73 17511 LAMINATING PLAT MAPS CITY OF OTSEGO 06/16/03 10:31 AM Page 2 *Check Detail Reqister© JUNE 2003 Check Amt Invoica Comment Total ELK RIVER PRINTING & PARTY PLU $44.73 .::::......,.,.::,:,,:.,::.:............................................................. . Unpaid FENNA HOMES E 702-41400-310 Miscellaneous $1,000.00 8324 PADRE CIR LNDSCP Total FENNA HOMES $1,000.00 npaid ........................... G & K TEXTILE LEASING SYSTEM """'""' E 101-43100-225 Uniforms $93.41 233173 UNIFORMS E 101-41940-390 Contracted Services $84.41 238162 MATS E 101-43100-225 Uniforms $107.63 238163 UNIFORMS E 101-43100-2-25 Uniforms $83.04 243080 UNIFORMS E 101-41940-390 Contracted Services $89.36 248045 MATS E 101-43100-225 Uniforms $147.44 248046 UNIFORMS Total G & K TEXTILE LEASING SYSTEM $605.29 Unpaid GOPHER STATE ONE -CALL INC E 101-41400-310 Miscellaneous $3.80 3050615 LOCATES Total GOPHER STATE ONE -CALL INC $3.80 Unpaid,,. ..............:.......,......,...:....:......,:.:.,GRIDOR CONSTR., INC...,.::..........,...:.. ». »». M».».M::....,»»:..,..:...........»w ..,....................,.... E429-43256-500 Capital Outlay (GENERAL) $75,700.00 PAY 15 W WTF 2 Total GRIDOR CONSTR., INC. $75,700.00 Unpaid H G WEBER OIL COMPANY '-' E 101-43100-202 Gas & Oil $661.68 47254 DIESEL E 101-43100-202 Gas & Oil $367.43 47255 GAS E101-43100-202 Gas & Oil $97.98 47372 CHEVRON RYKOTAC GREASE Total H G WEBER OIL COMPANY $1,127.09 Unpaid ICMA RETIREMENT TRUST "-'"""""-"""""" G 101-21705 Other Retirement $230.00 PPE 6/7 CK DTD 6/11 E 101-41400-121 PERA $192.31 PPE 6/7 CK DTD 6/11 Total ICMA RETIREMENT TRUST $422.31 Unpaid JAMES BIRHANZEL R250-32260 BUILDING PERMITS $100.00 REFUND OVERPAYMENT PERMIT P-03 Total JAMES BIRHANZEL $100.00 Unpaid ........ .. KEVIN E BRAND ....................._.,..,.............. E 435-43100-530 Improvements Other Than Bldgs $3,000.00 85TH STREET EASEMENT Total KEVIN E BRAND $3,000.00 Unpaid MARGE L STACKHOUSE E 435-43100-530 Improvements Other Than Bldgs $1,500.00 85TH STREET EASEMENT Total MARGE L STACKHOUSE $1,500.00 Unpaid MIDWEST LANDSCAPES ........."'"..'"."".."""."'..,".... E 101-41940-402 Repairs/Maint Buildingss $210.00 10375 SPRINKLER STARTUP/REPAIR Total MIDWEST LANDSCAPES $210.00 UnpaidMILLER ENVIRONMENTAL INC G 701-22347 RIVERWOODINN $240.00 3014 RIVERWOOD Total MILLER ENVIRONMENTAL INC $240.00 Unpaid MONTICELLO ANIMAL CONTROL E101-42710-390 Contracted Services $99.00 376 PICK UP 3 DOGS Total MONTICELLO ANIMAL CONTROL $99.00 :.Unpa—i > P ..........:.........,...... .,.....,....:.......,.. MOODY'S INVESTORS SERVICE n.......,:.,.::..:..:......:....,..,.....,..........:..........,..,.........:............... ............................................. CITY OF OTSEGO 06/16/03 10 31 AM Page 3 *Check Detail Reqister© JUNE 2003 E101-41400-413 Office Equipment Rental $211.83 36019131 TOSHIBA COPIER Total TOSHIBA AMERICA INFO SYS INC $211.83 10100 BANK OF ELK RIVER $443,112.61 Fund Summary 101 GENERALFUND 201 PARK AND REC ACTIVITIES 203 PARK DEVELOPMENT 210 ER Fire District 250 BUILDING PERMIT FEES 428 WEST WATER PROJ 429 WWTP-East Phase 2 430 West Trtmnt Plant. Phase 1 435 85th Street Project - East 1 DEVELOPMENT ESCROWS FUND BUILDERS ESCROW FUND 10100 BANK OF ELK RIVER $6,426.79 $173.25 $46,208.00 $92,818.00 $100.00 $10,699.75 $100,662.03 $77,043.29 $105,741.50 $240.00 $3,000.00 $443,112.61 Chock Amt Invoice Comment - E 428-49400-390 Contracted Services $10,600.00 F1426617 PROF. SERVICE BONDS Total MOODY'S INVESTORS SERVICE $10,600.00 Unpaid NORWOOD HOMES INC E 702-41400-310 Miscellaneous $1,000.00 7924 PALMGREN LNDSCP Total NORWOODHOMESINC $1,000.00 Unpaid ..................... ........................................................... PREMIER CUSTOM HOMES INC ................................. E702-41400-310 Miscellaneous $1,000.00 9911 JANDEL LNDSCP Total PREMIER CUSTOM HOMES INC $1,000.00 Unpaid PUBLIC EMPLOYEES RETIREMENT FD E 101-43100-121 PERA $309.44 PPE 6/7 CK DTD 6/11/03 E 101-41400-121 PERA $332.71 PPE 6!7 CK DTD 6/11/03 G 101-21704 PERA $592.22 PPE 6/7 CK DTD 6/11/03 Total PUBLIC EMPLOYEES RETIREMENT FD $1,234.37 Unpaid REED BUSINESS INFORMATION ,,::.h...:,:...:::.:........ ....,...,.,...,. E 430-43100-350 Print/Binding (GENERAL) $98.28 2327392 WEST WWTP E 101-43100-350 Print/Binding (GENERAL) $96.46 2327393 03 STREET MAINT BID E 430-43100-350 Print/Binding (GENERAL) $98.28 2331624 WEST WWTP E 101-43100-350 Print/Binding (GENERAL) $96.46 2331625 03 STREET MAINT BID E 430-43100-350 Print/Binding (GENERAL) $98.28 2335748 WESY W WTP E 101-43100-350 Print/Binding (GENERAL) $96.46 2335749 03 STREET MAINT BID Total REED BUSINESS INFORMATION $584.22 ...:........................................,...SCHARBER & SONS::.:.:.....:......:..........:.....:::..:....:..:::.....::..:..:x.:.:......................:..........:......::NxN E 101-43100-220 Repair/Maint Supply (GENERAL) $92.50 292038 91 DISK MOWER E 101-43100-220 Repair/Maint Supply (GENERAL) $49.52 292288 91 DISK MOWER E 101-43100-220 Repair/Maint Supply (GENERAL) ($83.96) 292364 CREDIT E 101-43100-220 Repair/Maint Supply (GENERAL) $137.48 292485 91 DISK MOWER E 101-43100-220 Repair/Maint Supply (GENERAL) ($0.56) 293089 CREDIT Total SCHARBER & SONS $194.98 Unpaid TOSHIBA AMERICA INFO SYS INC E101-41400-413 Office Equipment Rental $211.83 36019131 TOSHIBA COPIER Total TOSHIBA AMERICA INFO SYS INC $211.83 10100 BANK OF ELK RIVER $443,112.61 Fund Summary 101 GENERALFUND 201 PARK AND REC ACTIVITIES 203 PARK DEVELOPMENT 210 ER Fire District 250 BUILDING PERMIT FEES 428 WEST WATER PROJ 429 WWTP-East Phase 2 430 West Trtmnt Plant. Phase 1 435 85th Street Project - East 1 DEVELOPMENT ESCROWS FUND BUILDERS ESCROW FUND 10100 BANK OF ELK RIVER $6,426.79 $173.25 $46,208.00 $92,818.00 $100.00 $10,699.75 $100,662.03 $77,043.29 $105,741.50 $240.00 $3,000.00 $443,112.61 CITY OF OTSEGO 06/19/03 8:52 AM Page 1 *Check Summary Register© JUNE 2003 ALTER: None Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid ABDO ABDO EICK & MEYERS LL $8,355.45 Y/E 2002 AUDIT UnPaid AUTOMATIC GARAGE DOOR $638.00 MAINTAINANCE BLDGING UnPaid BEAR ALARMS $1,432.28 PUMP HOUSE 2 UnPaid BOISE CASCADE OFFICE PRODU $168.08 OFFICE SUPPLIES UnPaid CO-OPERATIVE HOME BUILDER $1,000.00 8203 PARELL AVE LNDSCP UnPaid DIGITAL HOME & BUSINESS $250.00 TEMP SIGN ESCROW REFUND UnPaid UnPaid FENNA HOMES $1,000.00 8171 PADGETT AVE NE LNDSCP GODFATHER'S PIZZA $57.48 PIZZA FOR MEETING UnPaid HERMANSON HOMES ING $1,000.00 15124 84TH ST LNDSCP UnPaid MINNESOTA LIFE $110.05 ADMIN - JULY UnPaid MVTL LABORATORIES, INC $488.50 GROUNDWATER TESTING UnPaid PEOPLE SERVICE INC. $12,224.25 JUNE SERVICE UnPaid PITNEY BOWES $100.02 POSTAGE METER UnPaid RMR SERVICES, INC $3,363.57 METERS UnPaid WASTE MANAGEMENT $2,303.06 CLEAN UP DAY UnPaid WRIGHT-HENNEPIN CO-OP ELEC $52.91 REPAIR SIGNAL LIGHT 42/101 UnPald XCEL ENERGY $148.80 17326 53RD ST WELL Total Checks $32,692.45 ALTER: None CITY OF OTSEGO 06/19/03 8:52 AM Page 1 *Check Detail Reqister© JUNE 2003 - heck Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid ABDO ABDO EICK & MEYERS LLP E101-41600-304 Accounting & Auditing $8,355.45 210399 Y/E 2002 AUDIT Total ABDO ABDO EICK & MEYERS LLP $8,355.45 Unpaid AUTOMATIC GARAGE DOOR _.. E 101-43100-400 Repairs & Maint Cont (equip) $638.00 410231 MAINTAINANCE BLDGING Total AUTOMATIC GARAGE DOOR $638.00 UnpaidBEAR ALARMS E 601-49400-390 Contracted Services $1,432.28 1552 PUMP HOUSE 2 Total BEAR ALARMS $1,432.28 npaid BOISE CASCADE OFFICE PRODUCTS E 101-41400-201 Office Supplies $168.08 172357 OFFICE SUPPLIES Total BOISE CASCADE OFFICE PRODUCTS $168.08 Unpaid CO-OPERATIVE HOME BUILDERS INC, E 702-41400-310 Miscellaneous $1,000.00 8203 PARELL AVE LNDSCP Total CO-OPERATIVE HOME BUILDERS INC $1,000.00 Unpaid.•.:.,, ................................................::DIGITAL HOME & BUSINESS'::.:....:.................,...................:.....:................... G 101-21803 REFUNDABLE DEPOIST $250.00 TEMP SIGN ESCROW REFUND Total DIGITAL HOME & BUSINESS $250.00 ipaid FENNA HOMES E 702-41400-310 Miscellaneous $1,000.00 8171 PADGETT AVE NE LNDSCP Total FENNA HOMES $1,000.00 Unpaid GODFATHER'S PIZZA ........................................................................................................ E 101-41400-310 Miscellaneous $57.48 0054 PIZZA FOR MEETING Total GODFATHER'S PIZZA $57.48 Unpaid HERMANSON HOMES INCA„ Mum mm rc n'm E 702-41400-310 Miscellaneous $1,000.00 15124 84TH ST LNDSCP Total HERMANSON HOMES INC $1,000.00 Unpaid MINNESOTA LIFE E 101-43100-130 Employer Paid Ins (GENERAL) $74.60 PW - JULY E101-41400-130 Employer Paid Ins (GENERAL) $35.45 ADMIN - JULY Total MINNESOTA LIFE $110.05 Unpaid MVTL LABORATORIES, INC E 601-49400-310 Miscellaneous $488.50 170877 GROUNDWATER TESTING Total MVTL LABORATORIES, INC $488.50 P PEOPLE SERVICE INC. E 601-49400-390 Contracted Services $776.25 6936 MAY LABOR 17.25 HRS E 601-49400-390 Contracted Services $3,007.39 6936 JUNE SERVICE E 602-49450-390 Contracted Services $8,440.61 6936 JUNE SERVICE Total PEOPLE SERVICE INC. $12,224.25 iPaid PITNEY BOWES E 101-41400-413 Office Equipment Rental $100.02 4705027-JN03 POSTAGE METER Total PITNEY BOWES $100.02 .Unpaid :...................................................::::RMR�SERVICES, INC'.�.............,..:....,...............,.............................................................,....,.x.�.....,..:...:::,..:...,...,,:..:....: E 601-49400-203 Supplies - General $3,363.57 2002-67 METERS CITY OF OTSEGO 06/19;03 8:52 ANI Page 2 *Check Detail Reqister© JUNE 2003 rhock Amt InvninA Comment Total RMR SERVICES, INC $3,363.57 npaid WASTE MANAGEMENT E 101-43620-390 Contracted Services $3,146.03 0013455-1706- CLEAN UP DAY E 101-43620-390 Contracted Services ($842.97) 0013455-1706- CREDIT .................... Total WASTE MANAGEMENT $2,303.06 Unpaid WRIGHT-HENNEPIN CO-OP ELECTRIC ""'"""""'""".......... E 101-43160-322 Utilities $52.91 10721 REPAIR SIGNAL LIGHT 421101 Total WRIGHT-HENNEPIN CO-OP ELECTRIC $52.91 Unpaid: .............:::.XCEL ENERGY ..,.K....,,...:..,..,...................:.............................:...............................:............................................... E 101-43160-322 E 101-43160-322 Utilities $49.61 054157132216 16935 56TH ST SEWER Utilities $99.19 061929356016 17326 53RD ST WELL Total XCEL ENERGY $148.80 10100 BANK OF ELK RIVER $32,692.45 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $12,183.85 601 WATER FUND $9 067 99 602 SEWER FUND $8,440.61 702 BUILDERS ESCROW FUND $3,000.00 $32,692.45 ITEM 6.7_ NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile:, 952.595.9837 planners@nacplanning.com MEMORANDUM TO: FROM: DATE: RE: NAC FILE: Otsego Mayor and City Council Daniel Licht 17 June 2003 Otsego — Swenson Rezoning/ CUP 176.02 — 03.16 The Planning Commission held a public hearing on 2 June 2003 to consider the above referenced application. Mr. Pat Hildon spoke and suggested that the property would make a good City Park. The City's Park and Trails Plan does identify the area for a future park that would connect with the DNR land adjacent to the pond. However, acquisition of land for a future park would not be anticipated until such time as the area urbanizes with availability of sanitary sewer and water services. The main issue discussed relative to the applicant's request was the number of lots. Based on the density allowed by the Comprehensive Plan and size of the parcel, only two development rights are allowed. The applicant requested that the applications be tabled to allow him the opportunity to either resurvey the property or acquire additional land. The Planning Commission closed the public hearing and tabled action on the request until their me3ting 16 June 2003. At the 16 June 2003 Planning Commission meeting, there was continued discussion of the application. The applicant had not had an opportunity to resurvey the property and had not reached agreement to acquire additional land. The applicant said that he would agree to the recommendations of staff, including the limit to two lots with the understanding that he could reapply if the parcel is determined to have additional land or additional land is acquired. The Planning Commission concurred with this approach and recommended by a 5-0 vote to approve the requests. Decision 1: Zoning Map Amendment A. Motion to approve a Zoning Map amendment rezoning the 28.96 acre site from the A-1 District to the A-2 District based on a finding that the request is consistent with the Comprehensive Plan. B. Motion to deny the application based on a finding that the request for rezoning from A-1 to A-2 is inconsistent with the direction of the Comprehensive Plan. C. Motion to table the application until further review. Decision 2: Conditional Use Permit A. Motion to approve a CUP allowing for a residential parcel to be less than the minimum 20 acre lot requirement based on a finding that the proposed parcels meet the requirements listed in the Zoning Ordinance, subject the following conditions: 1. The maximum number of lots to be divided is two and only one parcel may be less than 20 acres in size. 2. The parcel with the existing buildings is to have at least 474 feet of frontage to Odean Avenue. 3. The existing 400 square foot detached accessory building is removed from the property to conform to the number of allowed detached accessory buildings and reduce the non -conforming area of detached accessory buildings. 4. Park dedication requirements shall be satisfied through dedication of land or a cash fee in lieu of land as required by Section 21-7-18 of the Subdivision Ordinance, subject to City Council review and approval. 5. Right-of-way and easements shall be provided subject to review and approval of the City Engineer. 6. On-site septic and well systems shall be subject to review and approval of the City Building Official. 7. Comments of Other City Staff. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and Zoning Ordinance. PC. Mike Roberston Judy Hudson Andy MacArthur Ron Wagner Larry Swenson 2 CITY OF 0 T S E G 0 WRIGHT COUNTY, M iIYNESOTA APPLICANT: Larry Swenson 06-17-03 FINDINGS & DECISION CONDITIONAL USE PERMIT APPLICATION: Request for a conditional use permit to a residential lot size of less than 20 acres within the A-2, Agriculture Long Range Urban Service District. CITY COUNCIL MEETING: 23 June 2003 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The property lies within the Urban Service Area Reserve and is guided for agriculture land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned A-2 District which allows for single family residential uses as a permitted use. D. The minimum lot size in the A-2 District is 20 acres. The applicant is proposing to divide the subject site into three parcels, two of which are less than 20 acres in area. Lots less than 20 acres in area are allowed as a conditional use within the A-2 District subject to the provisions of Section 20-52-5.1-1 of the Zoning Ordinance. E. The Planning Commission and City Council must take into consideration the possible effects of the conditional use with their judgement based upon (but not limited to) the criteria outlined in Section 20-4-21 of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Comprehensive Plan designates this area as Urban Service Reserve, which allows for residential development at a density of 4 units per 40 acres as an interim use until such time as sanitary sewer and water may be available. The maximum number of dwellings that may be constructed under the allowed density is two. Division of the existing buildings with the balance of the property being at least 20 acres in size is consistent with the City's objectives to maintain large contiguous parcels in the Urban Service Area for future urban development. 2. The proposed use's compatibility with present and future land uses of the area. Comment. The subject site is surrounded by the following uses: Direction Land Use Plan Zoning Map Existing Use North LD Residential PUD District Single Family East Agriculture A-1 District Agriculture Rural Single Family South Agriculture A-1 District Agriculture West Agriculture A-1 District Agriculture The immediate division of one additional development site from the subject site will create no compatibility issues. Furthermore, long term use of the property is not compromised by dividing the existing buildings from the balance of the property. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance. Comment: The proposed use will conform to all applicable performance standards excepting existing non -conformities. 4. The proposed use's affect upon the area in which it is proposed. Comment: The proposed division is not anticipated to have a negative impact to the area in which it is proposed. 5. The proposed use's impact upon property values of the area in which it is proposed. Comment: Although no study has been completed, the proposed use is not anticipated to impact property values. 6. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: The proposed Zoning Map amendment and the proposed use will not impact traffic capabilities on CSAH 37 or Odean Avenue. . 7. The proposed use's impact upon existing public services and facilities including parks, school's, streets, and utilities, and its potential to overburden the City's service capacity. Comment: There will be no impact upon the City's service capabilities related to this application. E. The planning report dated 28 May 2003 prepared by the City Planner, Northwest Associated Consultants, inc., is incorporated herein. F. The Otsego Planning Commission conducted a public hearing at their regular meeting on 2 June 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and tabled action on the application to their 16 June 2003 meeting. G. Following further discussion at the 16 June 2003 Planning Commission meeting, the Planning Commission recommended by a 5-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for a conditional use permit for lots size less than 20 acres within the A-2 District is hereby approved based on the most current plan and information received to date, subject to the following conditions: The maximum number of lots to be divided is two and only one parcel may be less than 20 acres in size. 2 2. The parcel with the existing buildings is to have at least 474 feet of frontage to Odean Avenue. 3. The existing 400 square foot detached accessory building is removed from the property to conform to the number of allowed detached accessory buildings and reduce the non- conforming area of detached accessory buildings. 4. Park dedication requirements shall be satisfied through dedication of land or a cash fee in lieu of land as required by Section 21-7-18 of the Subdivision Ordinance, subject to City Council review and approval. 5. Right-of-way and easements shall be provided subject to review and approval of the City Engineer. 6. On-site septic and well systems shall be subject to review and approval of the City Building Official. PASSED by the Otsego City Council this 23RD day of June, 2003. Attest: CITY OF OTSEGO 0 Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk 3 CITY OF 0 T S E G 0 WRIGHT COLTINTY, MINNESOTA APPLICANT: Larry Swenson 06-17-03 FINDINGS & DECISION ZONING MAP AMENDMENT APPLICATION: Request for a Zoning Map amendment rezoning approximately 29 acres from A-1, Agriculture Rural Service Area to A-2, Agriculture Long Range Urban Service District. CITY COUNCIL MEETING: 23 June 2003 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The property lies within the Urban Service Area Reserve and is guided for agriculture land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned A-1 District which allows for single family residential uses as a permitted use at a density of one unit per 40 acres. The applicant has requested a rezoning to A-2 District to allow for development of single family uses at a density of four units per 40 acres. D. The Planning Commission and City Council must take into consideration the possible effects of the conditional use with their judgement based upon (but not limited to) the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Comprehensive Plan designates this area as Urban Service Reserve, which allows for residential development at a density of 4 units per 40 acres as an interim use until such time as sanitary sewer and water may be available. The maximum number of dwellings that may be constructed under the allowed density is two. Division of the existing buildings with the balance of the property being at least 20 acres in size is consistent with the City's objectives to maintain large contiguous parcels in the Urban Service Area for future urban development. 2. The proposed use's compatibility with present and future land uses of the area. Comment. The subject site is surrounded by the following uses: Direction Land Use Plan Zoning Map Existing Use North LD Residential PUD District Single Family East South Agriculture Agriculture A-1 District A-1 District Agriculture Rural Single Family Agriculture West Agriculture A-1 District Agriculture The immediate division of one additional development site from the subject site will create no compatibility issues. Furthermore, long term use of the property is not compromised by dividing the existing buildings from the balance of the property. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance. Comment: The proposed use will conform to all applicable performance standards excepting existing non -conformities. 4. The proposed use's affect upon the area in which it is proposed. Comment: The proposed division is not anticipated to have a negative impact to the area in which it is proposed. 5. The proposed use's impact upon property values of the area in which it is proposed. Comment: Although no study has been completed, the proposed use is not anticipated to impact property values. 6. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: The proposed Zoning Map amendment and the proposed use will not impact traffic capabilities on CSAH 37 or Odean Avenue. . 7. The proposed use's impact upon existing public services and facilities including parks, school's, streets, and utilities, and its potential to overburden the City's service capacity. Comment: There will be no impact upon the City's service capabilities related to this application. E. The planning report dated 28 May 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Otsego Planning Commission conducted a public hearing at their regular meeting on 2 June 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and tabled action on the application to their 16 June 2003 meeting. G. Following further discussion at the 16 June 2003 Planning Commission meeting, the Planning Commission recommended by a 5-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for a Zoning Map amendment is hereby approved based on the most current plan and information received to date. PASSED by the Otsego City Council this 23RD day of June, 2003. 2 Attest: CITY OF OTSEGO By: Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk ORDINANCE NO.: CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR LAND OWNED BY LARRY SWENSON. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally described by Exhibit A (the Aproperty@). Section 2. The property is hereby rezoned from an A-1, Agriculture Rural Service Area District designation to a A-2, Agriculture Long Range Urban Service District designation. Section 3. The amended Zoning Map will not be published, but the Zoning Administrator is hereby directed to make appropriate changes to the official Zoning Map of the City of Otsego to reflect the change in zoning classification set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 23rd day of June, 2003. CITY OF OTSEGO i -w Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk ITEM g_2_ ► NORTHWEST ASSOCIATED CONSULTANTS, INC. ouis Park, MN 55416 5775 Wayzata Bou 636 Facsimile: 595.9837Lplanne s@nacp anning.com Telephone: 952.595. .. MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 17 June 2003 RE: Otsego — Maher Rezoning/CUP NAC FILE: 176.02 — 03.14 The Planning Commission held a public hearing on 2 June 2003 to consider the above referenced application. The primary issue with the application was the proposed 3.2 acre lot size for the residential parcel. The maximum lot size for divisions within the A-2 District 2.5 acres intended to preserve large parcels for future development. The applicant consideration of the proposed lot size based on tes Iocatiostatin n thatof proposed otisting trees. Mr. Jwas ohn Kolles spoke in support of the applicants requ 9 consistent with the previous farmstead. The Planning Commission closed the public hearing and tabled action on nant the request to the meeting on 16 June 2003. At�helo at on of e6 June xisting st ng trees the on the property and the sketch and photographs showing tthat the implications of a 2.5 acre lot size. The Plannang issifo�natgral creedonditions (provided arger lot size was appropriate and consistent with the l owances for by the Zoning Ordinance. The Planning Commission voted 5-0 to recommend approval of the applications as outlined below. These applications will be considered at the City Council meeting on 23 June 2003 at 6:30 PM. Decision 1: Zoning Map Amendment A. Motion to approve a Zoning Map amendment findinzOthe requethe st iect s cons stent e from the A-1 District to the A-2 District based on 9 that with the Comprehensive Plan. B. Motion to deny the application based on a finding that the request is inconsistent with the direction of the Comprehensive Plan. C• Motion to table the application until further review. Decision 2: Conditional Use Permit A. Motion to approve a CUP allowing for a residential parcel to be less than 20 acres in area within the A-2, subject to the following conditions: • A minor subdivision application is submitted subject to City Staff review and approval. 2. The parent parcel is deed restricted to allow not more than three potential development rights unless rezoned consistent with the provisions of the Comprehensive Plan. 3. The applicant shall pay a park dedication fee in lieu of land of $2,100.00 prior to release of the minor subdivision for recording. 4• Dedication of right-of-way for MacAllister Avenue is subject to review and approval of the City Engineer. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and Zoning Ordinance. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Tim Maher 2 ORDINANCE NO.: CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR LAND OWNED BY TIM MAHER. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally described by Exhibit A (the Aproperty@). Section 2. The property is hereby rezoned from an A-1, Agriculture Rural Service Area District designation to a A-2, Agriculture Long Range Urban Service District designation. Section 3. The amended Zoning Map will not be published, but the Zoning Administrator is hereby directed to make appropriate changes to the official Zoning Map of the City of Otsego to reflect the change in zoning classification set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 23rd day of June, 2003. CITY OF OTSEGO L'" Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk CITY OF 0TSEGO WRIGHT COUNTY, MI�iESOTa APPLICANT: Tim Maher 06-17-03 FINDINGS & DECISION CONDITIONAL USE PERMIT APPLICATION: Request for a conditional use permit to a residential lot size of less than 20 acres within the A-2, Agriculture Long Range Urban Service District. CITY COUNCIL MEETING: 23 June 2003 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A B. The property lies within the Urban Service Area Reserve and is guided for agriculture land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned A-2 District which allows for single family residential uses as a permitted use. D. The minimum lot size in the A-2 District is 20 acres. The applicant is proposing to divide the subject site into three parcels, two of which are less than 20 acres in area. Lots less than 20 acres in area are allowed as a conditional use within the A-2 District subject to the provisions of Section 20-52-5.1-1 of the Zoning Ordinance. E. The Planning Commission and City Council must take into consideration the possible effects of the conditional use with their judgment based upon (but not limited to) the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Comprehensive Plan designates this area as Urban Service Reserve Area, where expansion of sanitary sewer utilities is expected at such time as the initial service district is saturated. The subject site abuts the West Sanitary Sewer Service District and the proposed division will facilitate eventual urbanization of the subject site. As such, the request is consistent with the growth management policies of the Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses off the area. Comment: There will be no change to the current uses as a result of the request. Again, the applications will allow for eventual development with expansion of the West Sanitary Sewer Service District compatible with future uses in the area. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance. Comment: The proposed minor subdivision will be required to conform to all performance standards of the City's development regulations. 4. The proposed use's effect upon the area in which it is proposed. Comment: There are no changes proposed to the existing use and no impact to the area is anticipated. 5. The proposed use's impact upon property values of the area in which it is proposed. Comment: Although no detailed study has been completed, no impact on the property values of the surrounding area are anticipated. 6. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: The request will not impact existing traffic generation. 7. The proposed use's impact upon existing public services and facilities including parks, school's, streets, and utilities, and its potential to overburden the City's service capacity. Comment: There will be no impact upon the City's ability to service this site related to the application. F. The planning report dated 29 May 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 2 June 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and tabled action on the application to their 16 June 2003 meeting. H. Following further discussion at the 16 June 2003 Planning Commission meeting, the Planning Commission recommended by a 5-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for a conditional use permit for lots size less than 20 acres within the A-2 District is hereby approved based on the most current plan and information received to date, subject to the following conditions: A minor subdivision application is submitted subject to City Staff review and approval. 2. The parent parcel is deed restricted to allow not more than three potential development rights unless rezoned consistent with the provisions of the Comprehensive Plan. 3. The applicant shall pay a park dedication fee in lieu of land of $2,100.00 prior to release of the minor subdivision for recording. 4. Dedication of right-of-way for MacAllister Avenue is subject to review and approval of the City Engineer. 2 PASSED by the Otsego City Council this 23RD day of June, 2003. Attest: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk EXHIBIT A ATTACH LEGAL DESCRIPTION HERE M CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA APPLICANT: Tim Maher 06-17-03 FINDINGS & DECISION ZONING MAP AMENDMENT APPLICATION: Request for a Zoning Map amendment rezoning approximately 40 acres from A-1, Agriculture Rural Service Area to A-2, Agriculture Long Range Urban Service District. CITY COUNCIL MEETING: 23 June 2003 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The property lies within the Urban Service Area Reserve and is guided for agriculture land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned A-1 District which allows for single family residential uses as a permitted use at a density of one unit per 40 acres. The applicant has requested a rezoning to A-2 District to allow for development of single family uses at a density of four units per 40 acres. D. The Planning Commission and City Council must take into consideration the possible effects of the conditional use with their judgement based upon (but not limited to) the criteria outlined in Section 20-4-25 of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Comprehensive Plan designates this area as Urban Service Reserve Area, where expansion of sanitary sewer utilities is expected at such time as the initial service district is saturated. The subject site abuts the West Sanitary Sewer Service District and the proposed division will facilitate eventual urbanization of the subject site. As such, the request is consistent with the growth management policies of the Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses off the area. Comment: There will be no change to the current uses as a result of the request. Again, the applications will allow for eventual development with expansion of the West Sanitary Sewer Service District compatible with future uses in the area. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance. Comment: The proposed minor subdivision will be required to conform to all performance standards of the City's development regulations. 4. The proposed use's effect upon the area in which it is proposed. Comment: There are no changes proposed to the existing use and no impact to the area is anticipated. 5. The proposed use's impact upon property values of the area in which it is proposed. Comment: Although no detailed study has been completed, no impact on the property values of the surrounding area are anticipated. 6. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: The request will not impact existing traffic generation. 7. The proposed use's impact upon existing public services and facilities including parks, school's, streets, and utilities, and its potential to overburden the City's service capacity. Comment: There will be no impact upon the City's ability to service this site related to the application. E. The planning report dated 29 May 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Otsego Planning Commission conducted a public hearing at their regular meeting on 2 June 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and tabled action on the application to their 16 June 2003 meeting. G. Following further discussion at the 16 June 2003 Planning Commission meeting, the Planning Commission recommended by a 5-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for a Zoning Map amendment is hereby approved based on the most current plan and information received to date. PASSED by the Otsego City Council this 23RD day of June, 2003. CITY OF OTSEGO Larry Fournier, Mayor 2 Attest: Judy Hudson, Zoning Administrator/City Clerk ITEM 6 -3 - NORTHWEST ASSOCIATED CONSULTANTS, INC. 'PW5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Councile FROM: Daniel Licht DATE: 2003 RE: Otsego — Apex Building Center; Zoning Text Amendment NAC FILE: 176.02 — 03.19 The Planning Commission held a public hearing on 16 June 2003 to consider the allowance of physical recreation uses within industrial districts and a related CUP application by Apex Business Center. There were no public comments. The Planning Commission agreed that the nature of the use makes it appropriate for industrial districts and that the character of the use will not conflict with traditional industrial uses. As such, the Planning Commission recommended approval of the text amendment by a 5-0 vote. The Planning Commission also did not foresee any issues with the specific use proposed for the Apex Business Center, subject to the conditions recommended by City Staff, also recommending approval by a 5-0 vote. These applications are to be considered at the City Council meeting on 23 June 2003 at 6:30 PM. Decision 1 — Zoning Text Amendment A. Motion to approve a Zoning Ordinance text amendment allowing for indoor commercial recreation uses in the 1-1, 1-2 and 1-3 Districts in the form attached hereto based on a finding that the request is consistent with the Comprehensive Plan. B. Motion to deny the application based on a finding that the proposed use is incompatible with the purpose of the 1-2 District and the policies of the Comprehensive Plan. C. Motion to table the application. Decision 2 — Conditional Use Permit A. Motion to approve site plans for Apex Building Center with an indoor commercial recreation tenant, subject to the following conditions: 1. All conditions of the site and building plan approval by the City Council on 13 December 1999 remain in full force and effect. 2. The proof -of -parking agreement between the City and the applicant dated 24 May 2000 is amended to specify a parking requirement of 224 parking stalls based on the proposed mix of uses of the building and Section 21 of the Zoning Ordinance. 3. All signs shall conform to the requirements of Section 37 of the Zoning Ordinance and the installation of any permanent or temporary sign shall require approval of a sign permit prior to construction. 4. All on-site utility issues are subject to review and approval of the City Engineer. 5. Comments of other City Staff. B. Motion to deny the application based on a finding that the proposed use is not allowed in the 1-2 District. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Dino Burge 2 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA APPLICANT: Apex Business Center 06-17-03 FINDINGS & DECISION CONDITIONAL USE PERMIT APPLICATION: Request for a conditional use permit to allow for a 12,800 square foot physical recreation and training center within the existing building at 6551 Jansen Avenue NE. CITY COUNCIL MEETING: 23 June 2003 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is Lot 1, Block 1 Otsego Industrial Park 3`d Addition. B. The property lies within the Long Range Urban Service Area and is guided for industrial land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned 1-2, General Industrial District. Physical recreation and training centers are allowed as a conditional use within this District. D. The Planning Commission and City Council must take into consideration the possible effects of the Zoning Map amendment with their judgement based upon (but not limited to) the criteria outlined in Section 20-4-25 of the Zoning Ordinance: The proposed action=s consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Comprehensive Plan encourages development of a land use pattern based on functionally related uses being clustered together. Implementation of this goal is accomplished through the range of uses allowed in the City's several zoning districts, which seek to allow for a range of similar, compatible uses to locate within a given area. Allowance of a recreational use in the 1-2 District blurrs the lines between commercial and industrial development. However, the characteristics of such recreational uses tend to be similar to that of industrial uses with high spatial requirements and relative low intensity of people. In that the proposed use also allows for expanded employment and service opportunities within the City, accommodation is appropriate. 2. The proposed use=s compatibility with present and future land uses of the area. Comment. The compatibility of a recreational use within industrial districts can be addressed as part of a conditional use permit review process to determine no impact to traffic, parking, site function or adjacent land uses. The specific proposal for the Apex Building Center raises no potential compatibility issues. 3. The proposed use=s conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: The existing Apex Building Center received site and building plan approval in 1999. The change in floor area from warehouse to recreation use also conforms to all applicable performance standards. 4. The proposed use=s effect upon the area in which it is proposed. Comment: The proposed amendment will allow for increased business and service opportunities within the City of Otsego responsive to the spatial needs of these particular uses. The proposed recreation use at this location will further allow for full - utilization of an existing building. The applicant's requests on both issues are positive. 5. The proposed use=s impact upon property values of the area in which it is proposed. Comment: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The proposed use is likely to have different traffic generation characteristics than a typical industrial use. However, the subject site is access via an improved street designed to the City's commercial and industrial street standard. Jansen Avenue connects immediately adjacent to the subject site with CSAH 37, which is designated as a minor arterial by the Comprehensive Plan. 7. The proposed use=s impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City=s service capacity. Comment: The proposed use is not anticipated to have a negative impact to the City=s service capacity. E. The planning report dated 10 June 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Otsego Planning Commission conducted a public hearing at their regular meeting on 7 April 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 5-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for a conditional use permit for a physical recreation and training facility within the 1-2 District is hereby approved based on the most current plan and information received to date, subject to the following conditions: 1. All conditions of the site and building plan approval by the City Council on 13 December 1999 remain in full force and effect. 2. The proof -of -parking agreement between the City and the applicant dated 24 May 2000 is amended to specify a parking requirement of 224 parking stalls based on the proposed mix 2 of uses of the building and Section 21 of the Zoning Ordinance. 3. All signs shall conform to the requirements of Section 37 of the Zoning Ordinance and the installation of any permanent or temporary sign shall require approval of a sign permit prior to construction. 4. All on-site utility issues are subject to review and approval of the City Engineer. PASSED by the Otsego City Council this 23rd day of June, 2003. Attest: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk 3 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA APPLICANT: Apex Business Center 06-17-03 FINDINGS & DECISION ZONING TEXT AMENDMENT APPLICATION: Request for a Zoning Ordinance amendment to allow physical recreation and training center uses within the 1-2, General Industrial District. CITY COUNCIL MEETING: 23 June 2003 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The proposed Zoning Ordinance amendment is attached as Exhibit A. B. The Planning Commission and City Council must take into consideration the possible effects of the Zoning Map amendment with their judgement based upon (but not limited to) the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: The proposed action=s consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Comprehensive Plan encourages development of a land use pattern based on functionally related uses being clustered together. Implementation of this goal is accomplished through the range of uses allowed in the City's several zoning districts, which seek to allow for a range of similar, compatible uses to locate within a given area. Allowance of a recreational use in the 1-2 District blurs the lines between commercial and industrial development. However, the characteristics of such recreational uses tend to be similar to that of industrial uses with high spatial requirements and relative low intensity of people. In that the proposed use also allows for expanded employment and service opportunities within the City, accommodation is appropriate. 2. The proposed use=s compatibility with present and future land uses of the area. Comment. The compatibility of a recreational use within industrial districts can be addressed as part of a conditional use permit review process to determine no impact to traffic, parking, site function or adjacent land uses. The specific proposal for the Apex Building Center raises no potential compatibility issues. 3. The proposed use=s conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: The existing Apex Building Center received site and building plan approval in 9999. The change in floor area from warehouse to recreation use also conforms to all applicable performance standards. 4. The proposed use=s effect upon the area in which it is proposed. Comment: The proposed amendment will allow for increased business and service opportunities within the City of Otsego responsive to the spatial needs of these particular uses. The proposed recreation use at this location will further allow for full - utilization of an existing building. The applicant's requests on both issues are positive. 5. The proposed use=s impact upon property values of the area in which it is proposed. Comment: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The proposed use is likely to have different traffic generation characteristics than a typical industrial use. However, the subject site is access via an improved street designed to the City's commercial and industrial street standard. Jansen Avenue connects immediately adjacent to the subject site with CSAH 37, which is designated as a minor arterial by the Comprehensive Plan. 7. The proposed use=s impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City=s service capacity. Comment: The proposed use is not anticipated to have a negative impact to the City=s service capacity. C. The planning report dated 10 June 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. D. The Otsego Planning Commission conducted a public hearing at their regular meeting on 7 April 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 5-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the Zoning Ordinance amendment allowing physical recreation and training facility uses within the 1-1, 1-2, and 1-3 Districts is hereby approved based on the most current plan and information received to date. PASSED by the Otsego City Council this 23rd day of June, 2003. CITY OF OTSEGO Larry Fournier, Mayor 2 Attest: Judy Hudson, Zoning Administrator/City Clerk ORDINANCE NO.: CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO ALLOW FOR PHYSICAL RECREATION USES AS A CONDITIONAL USE WITHIN THE CITY'S SEVERAL INDUSTRIAL DISTRICTS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-85-6 of the Zoning Ordinance is hereby amended to include the following provisions: G. Physical recreation or training facilities provided that: 1. Hours of operation shall be subject to review and approval of the City Council. 2. Vehicular access points shall create a minimum of conflict with through traffic, shall comply with Section 21 of this Chapter and shall be subject to review and approval of the City Engineer. 3. Adequate off-street parking and off-street loading stalls are provided in compliance with Sections 21 and 22 of this Chapter. 4. All signs and information and visual communications devices shall be in compliance with Section 37 of this Chapter. 5. The provisions of Section 20-4-2.F of this Chapter are considered and determined to be satisfied. Section 2. Section 20-86-6 of the Zoning Ordinance is hereby amended to include the following provisions: K. Physical recreation or training facilities provided that: 1. Hours of operation shall be subject to review and approval of the City Council. 2. Vehicular access points shall create a minimum of conflict with through traffic, shall comply with Section 21 of this Chapter and shall be subject to review and approval of the City Engineer. 3. Adequate off-street parking and off-street loading stalls are provided in compliance with Sections 21 and 22 of this Chapter. 4. All signs and information and visual communications devices shall be in compliance with Section 37 of this Chapter. 5. The provisions of Section 20-4-25 of this Chapter are considered and determined to be satisfied. Section 3. Section 20-87-6 of the Zoning Ordinance is hereby amended to include the following provisions: G. Physical recreation or training facilities provided that: Hours of operation shall be subject to review and approval of the City Council. 2. Vehicular access points shall create a minimum of conflict with through traffic, shall comply with Section 21 of this Chapter and shall be subject to review and approval of the City Engineer. 3. Adequate off-street parking and off-street loading stalls are provided in compliance with Sections 21 and 22 of this Chapter. 4. All signs and information and visual communications devices shall be in compliance with Section 37 of this Chapter. 5. The provisions of Section 20-4-2.F of this Chapter are considered and determined to be satisfied. Section 4. This Ordinance shall become effective immediately upon its passage and publication. 2 PASSED by the Otsego City Council this day of , 2003. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk 3 ITEM 6.4 - NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 18 June 2003 RE: Otsego —Arbor Creek; Final Plat NAC FILE: 176.02 — 03.06 BACKGROUND Emmerich Development Corporation has submitted plans for Arbor Creek Final Plat consisting of 97 lots and two outlots. The subject site is guided for low density residential uses by the Comprehensive Plan within the west sanitary sewer service district. The area west of MacIver Avenue is to be zoned, R-6, Residential Townhouse, Quadraminium, and Low Density Multiple Family District and the area east of MacIver Avenue is zoned R-4, Residential Urban Single Family District. The preliminary plat for Arbor Creek was approved by the City Council on 10 March 2003. Final plats are processed in accordance with Section 21-3-3 of the Subdivision Ordinance and do not require review and recommendation by the Planning Commission. Exhibits: A. Site Location B. Preliminary Plat C. Final Plat ANALYSIS Preliminary Plat Consistency. The proposed final plat includes only the western portion of the land previously preliminary platted. The final plat must be revised to include the additional land included as part of the preliminary plat as outlots (or a buildable lot for any existing dwelling), provide for dedication of necessary trunk utility easements and dedication of right-of-way for MacIver Avenue and 80th Street. Not including the entire preliminary plat within the final plat as outlots sacrifices preliminary plat and zoning approvals after 100 days. The preliminary plat was approved by the City Council subject to 13 conditions. Staff has reviewed the revised plans and provided comment back to the developer concerning the following issues relevant to the present final plat application: Lot 1 of Block 5 shown on the final plat is to be eliminated to provide sufficient space between the WWfP access road and Lot 2 of Block 5 for a parking lot. 2. The reconfiguration of Blocks 6-9 on the final plat is acceptable to address the access issue to the remaining Beaudry property. There is no need to extend 79th Street through Block 1. 3. A landscape plan must be submitted for the areas abutting 80th Street based on the design standards outlined in Section 20-16-7.D of the Zoning Ordinance. 4. Block 4 should be renumbered with Lots 1-6 opposed to the current Lots 6-11 designations. Feedlot Setback. Section 20-27-9 of the Zoning Ordinance prohibits construction of a new dwelling within 1,000 feet of a registered feedlot building. The area of Lots 1-12 of Block 1, Block 2, Block 3, Lots 1-5 and 17 of Block 10 and Lots 10 and 11 of Block 4 must be platted as outlots as they fall within 1,000 feet of a registered feedlot. The lots cannot be platted as no reasonable use exists until such time as the feedlot setback no longer applies. Park and Trail Dedication. Section 21-7-18 of the Subdivision Ordinance requires dedication of land, a cash fee in lieu of land, or combination thereof for parks and trail development. The minimum land dedication is 10 percent of the gross area being subdivided. Based on a gross area of 207.8 acres, the minimum dedication required for the subject site is 20.8 acres. Outlot B is to be dedicated to the City as partial satisfaction of park dedication requirements. The area of Outlot B credited for park dedication purposes is equal to the gross area of the parcel minus and wetlands, ponding areas or easements. The balance of the required dedication will be a pro -rated cash fee in lieu of land of based on the standard fee of $2,100.00 per dwelling unit. Grading and Drainage. Plans for grading, drainage and erosion control have been submitted and are subject to review and approval of the City Engineer. Utilities. Utility plans for sanitary sewer and water service have been submitted and are subject to review and approval of the City Engineer. 2 Easements. Section 21-7-15 of the Subdivision Ordinance requires perimeter easements for all lots, which are shown on the final plat. Wetlands and ponding areas must also be overlaid by drainage and utility easements with wetlands having an additional 20 foot wide easement beyond the delineated edge of the wetland. Finally, a 50 foot easement on either side of Otsego Creek or other drainageways is required and shown on the final plat. All easements are subject to review and approval of the City Engineer. Development Contract. Upon approval of the final plat, the applicant must enter into a development contract with the City, subject to review and approval of the City Attorney. Consistent with the policies of the Comprehensive Plan, the development contract specifies that approval of the preliminary plat does not guarantee access to sanitary sewer service. The City only allocates sanitary sewer capacity to approved final plats with signed contracts to assure the City of timely development. CONCLUSION The proposed final plat of Arbor Creek is consistent with the preliminary plat approval, although some technical details must be finalized. As such, our office recommends approval of the final plat subject to the conditions outlined below: A. Motion to approve the Arbor Creek Final Plat, subject to the following conditions: 1. The preliminary and final plat is revised to reflect the conditions of approval by the City Council on 10 March 2003. 2. The final plat is revised to include all of the land preliminary platted to be designated either as outlots or buildable lots where there are existing dwellings and provide for necessary easements for trunk sewer facilities and right-of-way dedication for 80th Street and MacIver Avenue. 3. Areas within 1,000 feet of an existing registered feedlot are to be final platted as outlots. 4. The area of Lot 1 of Block 5 is combined with Outlot B and dedicated as park land. 5. Outlot B is to be deeded to the City as partial satisfaction of park and trail dedication requirements, with the remaining balance satisfied by payment of a cash fee in lieu of land based on the established fee in effect at the time of final plat approval. 6. All grading, drainage, utility and easement issues are subject to review and approval of the City Engineer. 3 7. The applicant shall enter into a development contract with the City, subject to review and approval of the City Attorney. B. Motion to deny the application based on a finding that the request is inconsistent with the provisions of the Zoning and Subdivision Ordinance. C. Motion to table the request. pc. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner John Jackels Dave Nash 4 A." A BABE MAP DATA PROW)ED BY ' H1) son 71 Mderon ASsoc., Inc. PREPARED OCTOBER 2001 NOTE: THIS MAP IS FOR PLANNING PURPOSES ONLY AND SHOULD NOT BE USED FOR EXACT MEASUREMENT. m O T S E G O m -+ ON THE GREAT RIVER ROAD D i �� 3iE r� i _3 - .., � - � STREET N.E. xl^. m I I TYREIL tm -- V z n. PrROPERTY�ESCRIPTION 4 . rl": t POSSIBLE STREET CONNECTION .._ _ w •r t " ' tio....+. �I.:`o.�. ter.. Te... e. rra . ...... •�-..ter..« « I� STPEEw. f a. ��- � �_ �, ...............ten.'.`-. m.w. �..�.r.-. ..... �. �� / �....-........rte.. � • � rwai�.ia:,"ii STRECTr __ Z..�f. �' // ]1� • f pi ax rwr �... V.. �.. I` mrv�•rrJ�w.n� � ' , YST , SS H � _ .. ul Y ; ` • � � "r _r a.. � ii �= � DEVELOPMENT SUMMARY, a, . /• — S � Spy ::,r 17 a➢�D A. R� SIDEWALK u '< • -- DEVELOPMENT NOTES ACKENZIE AVE. Y to Y •:� x u r rota . r rrr x Aa arta aEXHIBIT B2 - PRELIM Q F==l NORTH 4�i.J=rr_r �r PROPERTY OESCRIPTION m rwr ,p<<i� .. .rrr.wsu.r a.T ..ia.."'-.4i�� •. r. �.... •.wr�a i tl r rr.M w ti� �: r e r-1 N r DEVELOPMENT SUMMARY °rc w r _ 1 ung a n . nN.r c 06L r �i.l Kvn yrn!J ul SIDEWALK DEVELOPMENT NOTES NTH ARBOR CREEK • OEYBTES f/2 NCII BY la IICN so PPE YOKIINENi TOM 9 O OOgICS 1/2 ON BY la IYN ON PPE YOAYFNI 10 BE YL Np YUWFD BY LICENSE NO. 17255 Wmx WE KM OF IECO10eN; a M5 RAI. FOR THE RAPOSES OF MS SWSEY THE MOBN LINE K M NM/4 CF %CIIaf 21 1.121, 11.24 NAS AN ASSOMD KARINO OF N 86'3059' E. GRAPHIC SCALE 10 20 aO SO ( IN ILEI ,ai f�-mWr sort.. Ee is elAaN year m.nu.l� —�Bt�S.I N 58c.d. _ .B6ET' r S . I pi� ,I I %-• �ati� . w Iresa11 N•'n ue� Nrl l� ------ ----- t� � T.--_ I I I I I I I ¢e ai. u1i N IMW�voaNncur]--. rt Wr«KIAr.cLr. I. A le KNOW ALL BY INE4 PRESENTS: That AF ColIw ea sec.. a lfnnesalo earpaotiolh lac o.n1 If the Ia6asing &W'w paprly Ylualed M th. Courtly of Wight. Slate of uirmewtn, to .IL Wlbl B. PLEASANT CREEK FARMS. «co aing to the racud•d plot th.eo1, wghl Coolly, Ynneaalo AND Thal sal of U. coil 20.170 lest of the sail 1973,50 INI of the Northeast Water o1 Section 25, 1 .... hip G. Range 2l wyM County, umasala I,.q ... or he Ioao.nq asauuwd Ile: celsh"cnqof IM nl.aiclbn Of the mrlh line of said N.IA.esl Walr and the east Ile of sold east 197!.50 fail; In.nce South W d,Vba, 50 mnula. 34 seads East a W.laeca of 832 18 feel Wong said bait Ile to Ma poll of hegimnq of the Ile 11 be d—died.clhsac. Seulh 59 d,,— 01 minutes 26 wconds —1 le he .est M. 01 «d -at 20.00 Iail as .ad M• Inas larmnelirp. «sad Ua sane 1. e• —,ad and plallad w ARBOR CREEK old does hraby donate and dedkale to the public la DuYK uN fa..v Ih• th.wghlaai and ae" dcdlcot. the sasem.ls as sho.n on Isis Purl I. _.q. vel KIAe1y Wpoai. vas. .ilneee .n.«f sad. AAE CoiYI—A. I«., a Ynnasola car a.han. has —..d Ue.. pesents to be .11.1 by ds prop. off— INs _ day of STATE OF ___— COIARtY Of IX. laagon9 W,I I .w echnowNgM eslva m. this __ day of _—_ 2003 IF __ a. __ of AX Campmiaa, • Yimawla cwpvalipn m Wall of U• c .tkm Notary Pu.lic. _--- Caunly. Yimcaoto Yy Cemmusbn E.p'+aa 3a^I.ry 31, X105 1 h.ae, salify. that I_ hew . wyes and Walled the poorly lana— al We pial a. ARBOR CREEK; [hat oI. plot d a cpricl ripii malbh It said NawY Ual edWMonces a• bar«,ly M..n an the pal n last and hnaedlh• 11 a tool; Mal 41 Misho—ls her• 1-- —:10pbud n Ina pwnd ai 0.... a .,I be tly x«ed as rW..d by Ua bW fo.ernmanl. unit; Ihe, the wtw. —dear Mesa '.—Uy datign.led an the pial ad Thal U.a a n .el -are. defaad b Ua Ymesela St.lul'.—UySaihw 555.02, $Wel. I a puYY Ihgn.Ip 1. be deslgno,ad olh. 11. as say 0. Nel«n. Lm0 Surwya ----- Ym.sala L'Kanai Ne. 17255 STATE OF NINNESOYA COUNTY Of _ The hil ohi, Sumps'. C.Uflcat..w .--.14.d b.1—m• Ilia day of ___--. 2003 ey Hwy D. Ndw, Lbed Sww,.. mhoh .ol. L..1. No. 17255. Nolry Public _ _ County. Yaii Yr Caanisaa Erpiai .Muer 31, 2005 %a plot of ARBOR CREEK .os appra..it by IM Plolmnq Camm1«ion of the Cil, el Otago, sen...I..1 o rvgav maelnq hob this ___ do, .I 2053. Charm. This plat el ARBCIR CREEK .o. appall — accepl•d M compbnc..lth — SIaWI.s, SactM 50103, Su.d.2, by Inc City Cou.aa o1 01 9.. uhh..J., al a r,,aa msaln9 held this _ day of 2003. Eevniad and fv abbe—I this _ day .I _____ M1 will Coolly Sorwp To— Pall I. W sera Hideo•, yew —and bell.!. cmred U. __- day or ------ 2003 wignl Canty AUCiI. --- I h.dy certify that Iso.. Peyotl• M the ye. __ sh bods heal dawle d ae peed IN, _— doy of PP14TED w��nl cwoir 7�.oWr.. ------ W 3 cl M I h.eey cerllly Iha UY lieu..! s.s n.d n IXa ollk. 01 IM Cwnly Pecad. 1. racwd Kos Aa.ch. �. ,7t an Uis _bar al Aies r.aded Y Caenal humEa . 0«umnl N—ear .I,ht CantI.uMnaiW. EXHIBIT C-1 EN McCOM FRANK R( �2GERa"N. Arra I^ 1 L _�P-n 3 2 L �•t S58'40'54'E 20.00 -DITCH 78'JS E �._ ze4.so Y ARBOR CREEK - w _ OUTLOT A I 7-9I THS TrI REfoaEoT, N,1!I1 IN 4EF. YF�p isrselu w 1 4+l�eyro,•3.:�+•�,Fa I s 2c.0 2 T473 -1 �•F R' .?z xl Is" I! x s 1 rI la 2 r _ w 4 yl ^ w $ = 11 EI B U Y W B J L ?a6, Sime T L es'•'Y•e' J ry 5 EI IIIj 10 y�I \� 17 L sst1 8 li�'�S3Y _aL sewn ImpJ a�>P 15 s78TH STREET N.E. �8 +apo'°° „/r 'p 7 xesvl ze zw.a° •.;ke :'p� ,� Ts\ +^'d ;\ o \ice iL s v, `; , ->a� —I r �Em I _ � _ .,Y�• � 1 j yo� � t a > 4, .,+�t�� z s <" � 7 . > L.7 1, 14 , I It —rJ L la 10 13 — MY91.76Y1 ]aa.m — z1 E Lseasl�•vt 2 %T9L''� �j a g �> +G1r\$ 0 .f•�'�y n � . ; 13 2.rn10 U F. gA, L�elw..e.c»I��• F§�[g 12�> �� -lam a 12 y= r ,'.� tas \ \q a� 10 +43eL5iJ ly $'v3�t5'' s i'� 8 9 y� �d 4 > 1� 11� °'� ; \ •:'��'' i,a w —1 nE-ao— 'L v s s,.•3]T Qa r _>u \i °t ��+ , [O 1x i l s � ,Nt• 81 vi 2 0. �' i Ids � �6 w� a _� 'a'\ � � ,es g i° `�ye+\\ \ Q xnxiy'N3?3 �'\ � t \U erofi � ` e-ia» <•� � �°�``, va SE w•A \'" \ J r —Iw.ro— -I i �N �11 y ;geY '1 H 5 .n. x•� r.,0a \ v"a:6N T°`� �\( \ \ 8 6a L 5 *e"»� v_zaJ 7 \\ \ r i t�° J \ 8t,/ +•Sly \ ✓ pw '� ":�L• 9 � L; � �.1� s\ • E" t, � � J ..,,.,,ni,e• +� ..r or, � \\ �\.y, 6 � 1� \ \ \ a J 6 i'Seb•4 st�� 85'(iE� 1��y\\ 3\� �4 MYb1'M1 Jpe�rofl l.e�_ \ter• \\ 3 s\moi /, 2 OUTLOT A lam -j (- nen >: d Eo Ea , �. / • °'� aVa'S 13 larnrm'-x_ I rr r / b 6, pJ jo • \'a,s� \� i'�/ 9s 8 � \ I 12 _ '" \a� •P�,�4eL �vf�� \i OUTLOT B 1, _e J L�� I �..'hyro .'•sem'/ �7 \" / / McVt' •E 111.51 IL-,eS.Be f.161f\�r• )\ IF`ry k�1.r if\\�\\aA 5 Y ��'11/•.:° '"/ j.. x 2 / N89'01'26'E 408.85 II ' -DITCH GRAPHIC SCALE 60 0 40 80 160 ( W rCCI > • luaas I/z Ma er 16 e1D1 Md PR6 uoBe6x1 rowe O OExORS I/I BIOI Br 11 Y)1 "— RPE _="ll /0 E IIT " BMNEO BY 110EN% Na 17315 .11. ONE YEM Ot WW c a Ms P t Ea M NMPO,ES a INS SIMfY SIE INxIM LME a INE NM/S a YCIM A 1.121, K24 NAS N1 ASglYLO DRAMME AND OR."iE OEMEWS ME SI MWS: 5 —{I 0 II 5 10 eec S t[Ll M epM, NESS be 1•KAIFD. AIO Af1Y,NRL /01 LMS N• le wo ,o,o al. lw rs�IN[T. wnnrt a •B R.I. McCOMBS FRANK ROOS ASS EXHIBIT C-2 ENGLNEM AND LAM SUN SHEET 2 OF 3 SHEETS A .m.r �j w•>.'an � a 111P.I�li J 2 al '»L J 3 RI Z s GRAPHIC SCALE 4 81 Zx g so 0 s0 e0 160 R W t, 1 m L =e•mat J x> g z 10 3 5 w LARGE W L +•>n>•i J o AVE. N.E.-- !' Saa's8'SB"W 425.67 II»•,• t J of-' axons In wa n IE rex wuf Prc xnauEx, rww - fie_ r ym -7 (- er'3. r r- Phu �l \, 7 f ,' SBB']B'22'W 966.90 I I I A I� rI I^ Ix 2 rl I= I s r. �,.0 r. ,E -w, O e(MORf I/I WOI eT ,1 NO1 MON PIP( YWW[Xf f0 BL RI _ I SET .N0 . Wo e1 um.9 x0. Inss rnw oNc rcu q _ Or xECgIpNG Of M15 pLAf. 8 ws4•»i J I 1 1= 2 I" 3 SAI 1i t J 2 I ra mE nMrosts rc oes sumer ut: xaxfx E+I[ m n[ s° _ J L 1 I I z ep N F �_. R xwl/f a SECT- n. 1,,21. 4.2f lus Ax AswYD J b _ I �I I I eE Q N ..•>.>e E. --- LAMBERT 8 pI a `�`.• I ts-0° X2-01 }12 11—)" L�Pns. 1 t- r OUTLOT A x»a•»� Ou.nJ a$.0' Nearo,»t ,,..e2 - n.e2 yrsyaf''�, I ><� L CIRCLE N.E. I 79TH STREET N�y,f8 S58.40'51'E / 1 9 z lq I - 20.00 ; ---DITCH MY I I f DRVIUGE IND EIIILITY EASEMENTS ARE SHOWN THUS'. ( I (h01 T s O ]GALE) �,�� x _ I I may' f i 1 O � i so - f T �J7 58078'35'E- �_isx 281.30I n ,��, -- 5 1•�� -J :N89 -91-26-E 2-8.38 �� %-\ a ,o �To 2+ 'Pier l u »u u s § ; -1--- C --J_ �r �r — n.0 SPK II „ a\ . I 16 Iq 15 14 iq 13 kl I4 1 2L `ti,•Py i 8p rMc s ml M -TH, 1wEEfs OTNmwsE r"T M •O Ox,LSS OM erNMS[ qU 0. 60 i �•Y m f \ "d� alf1MO N4NT-O wA. IME; Af sxow —I JLJL,e_uJL.,,J)anT'J�+�rrtf` MAI. i6'E 3&M O�1epf6\\ e78TH STREET N.E. 1 I I , McCOMBS FRANK ROO EXHIBIT C-3 ENGINMRS AND I JHEE'C 3 OF 3 SHEETS Revisions i hereby certify m that u� pion was prepared by Client Project Sheet Title Sheet Revision No. Date i3 Remarks me or under my direct supervision and that I 11 By am o duly Licensed professional Engineer Designed DA�111115 Engineering Planning S,.rvey{ng under the lows of the State of Minnesota. Drawn WT Emmerich Development Arbor Creek Exhibit - Phase I EqEName XXXX X XXXXXXX Date 06/16/02 FRA 15M 2.W Awrw Nath • Prmra,m lfsrea,fo• 5507 � Date XXXXXX Checked DJN mbsFrankRoos p"�~ 7W1,76 -601E -M t *'mf. Andover, MN Otsego, MN Park I Registration Number XXXXX moved Associates, Inc. MFRA FILE NO.: 13789 ITEM G -5 - NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555; St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 17 June 2003 RE: Otsego —Watertower #2; Rezoning/CUP NAC FILE: 176.08 — 03.06 The Planning Commission held a public hearing on 16 June 2003 to consider the rezoning and conditional use permit to allow for construction of Watertower #2 within the west sanitary sewer service district. No comments were received from the public and there was only limited Planning Commission discussion. The Planning Commission closed the public hearing and voted 5-0 to recommend approval of the applications. The applications will be considered at the City Council meeting on 23 June 2003. Decision 1 — Zoning Map Amendment 1. Motion to approve a Zoning Map amendment rezoning approximately one acre from A-1 District to INS District for the purpose of constructing Watertower #2 based on a finding that the action is consistent with the Comprehensive Plan. 2. Motion to deny the application based on a finding that the request is not consistent with the Comprehensive Plan. Decision 2 — CUP 1. Motion to approve a conditional use permit for construction of a municipal watertower and reduction in minimum lot area within the INS District based on a finding that the action is consistent with the Comprehensive Plan and Zoning Ordinance. 2. Motion to deny the application based on a finding that the request is not consistent with the Comprehensive Plan. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner ORDINANCE NO.: CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR THE PROPOSED SITE OF WATERTOWER #2. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally described by Exhibit A (the Aproperty@). Section 2. The property is hereby rezoned from an A-1, Agriculture Rural Service District designation to an INS, Institutional District designation. Section 3. The Zoning Administrator is hereby directed to make appropriate changes to the official Zoning Map of the City of Otsego to reflect the change in zoning classification set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 23rd day of June, 2003. CITY OF OTSEGO Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk CITY OF 0 T S E G 0 WRIGHT COUNTY, MINNESOTA APPLICANT: City of Otsego 06-17-03 FINDINGS & DECISION ZONING MAP AMEDMENT APPLICATION: Request for a Zoning Map amendment to rezone approximately one -acre of land from A-1 District to INS District to allow for construction of a municipal Watertower #2. CITY COUNCIL MEETING: 23 June 2003 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is described on Exhibit A. B. The property lies within the West Sanitary Sewer Service District and is guided for business warehouse land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned A-1, Agriculture Rural Service District; The City has initiated a zoning map amendment to rezone the site to INS, Institutional District for the purposes of constructing a municipal watertower. Municipal services are allowed within the INS District as a conditional use. D. The Planning Commission and City Council must take into consideration the possible effects of the Zoning Map amendment with their judgement based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: The proposed action=s consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Comprehensive Plan establishes the west sanitary sewer service district for the purposes of accommodating anticipated growth with a compact, urban form with staged expansion polices to manage development, provide for a balance of residential use types and increase commercial and industrial development with the availability of sanitary sewer and water services. The proposed Watertowner #2 facility is an essential service necessary to implement the Comprehensive Plan policies. 2. The proposed use=s compatibility with present and future land uses of the area. Comment: The subject site was selected based upon topography and the design of the water system to balance the watertower with planned well locations. The area surrounding Watertower#2 is agricultural. The area is planned for future commercial and business warehouse uses as part of the Kittredge Crossings PUD master plan. The proposed watertower is an incidental structure to urban development and is not anticipated to cause any compatibility issues. 3. The proposed use=s conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: The proposed use conforms to all applicable performance standards. 4. The proposed use=s effect upon the area in which it is proposed. Comment: Construction of Watertower #2 is necessary to implement the policies of the Comprehensive Plan for development of the west sanitary sewer service district. 5. The proposed use=s impact upon property values of the area in which it is proposed. Comment: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The proposed use is not anticipated to generate any significant traffic. 7. The proposed use=s impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City=s service capacity. Comment: The proposed use will contribute to the City=s service capacity. E. The planning report dated 11 June 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Otsego Planning Commission conducted a public hearing at their regular meeting on 16 June 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing recommended by a 5-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for a Zoning Map Amendment rezoning the site of Watertower #2 to INS District is hereby approved based on the most current plan and information received to date. PASSED by the Otsego City Council this 23rd day of June, 2003. CITY OF OTSEGO Larry Fournier, Mayor Attest: CITY OF 0 T S E G 0 WRIGHT COLNTY, MENNESOTA APPLICANT: City of Otsego 06-17-03 FINDINGS & DECISION CONDITIONAL USE PERMIT APPLICATION: Request for a conditional use permit to allow for construction of a municipal Watertower #2 within the INS, Institutional District. CITY COUNCIL MEETING: 23 June 2003 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is described on Exhibit A. B. The property lies within the West Sanitary Sewer Service District and is guided for business warehouse land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned INS District, which allows for municipal services as a conditional use. D. The Planning Commission and City Council must take into consideration the possible effects of the Zoning Map amendment with their judgement based upon (but not limited to) the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: The proposed action=s consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Comprehensive Plan establishes the west sanitary sewer service district for the purposes of accommodating anticipated growth with a compact, urban form with staged expansion polices to manage development, provide for a balance of residential use types and increase commercial and industrial development with the availability of sanitary sewer and water services. The proposed Watertowner #2 facility is an essential service necessary to implement the Comprehensive Plan policies. 2. The proposed use=s compatibility with present and future land uses of the area. Comment: The subject site was selected based upon topography and the design of the water system to balance the watertower with planned well locations. The area surrounding Watertower#2 is agricultural. The area is planned for future commercial and business warehouse uses as part of the Kittredge Crossings PUD master plan. The proposed watertower is an incidental structure to urban development and is not anticipated to cause any compatibility issues. 3. The proposed use=s conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: The proposed use conforms to all applicable performance standards. 4. The proposed use=s effect upon the area in which it is proposed. Comment: Construction of Watertower #2 is necessary to implement the policies of the Comprehensive Plan for development of the west sanitary sewer service district. 5. The proposed use=s impact upon property values of the area in which it is proposed. Comment: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The proposed use is not anticipated to generate any significant traffic. 7. The proposed use=s impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City=s service capacity. Comment: The proposed use will contribute to the City=s service capacity. E. The planning report dated 11 June 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Otsego Planning Commission conducted a public hearing at their regular meeting on 16 June 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing recommended by a 5-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for a conditional use permit for construction of Watertower #2 is hereby approved based on the most current plan and information received to date. PASSED by the Otsego City Council this 23rd day of June, 2003. Attest: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk ITEM g_6_ ' NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 17 June 2003 RE: Otsego — West WWTP; CUP NAC FILE: 176.08 — 03.06 The Planning Commission held a public hearing on 16 June 2003 to consider the conditional use permit application for the City of Otsego to construct the west waste water treatment plant. No comments were received from the public and there was limited discussion by the Planning Commission. After closing the public hearing, the Planning Commission voted 5-0 to recommend approval of the CUP. This item will be on the City Council meeting agenda for 23 June 2003. Decision 1 — CUP A. Motion to approve a conditional use permit for construction of a municipal waste water treatment plant, lift station and well within the INS District, subject to the following conditions: 1. A landscape plan is prepared that provides for a mix of deciduous and coniferous trees at the perimeter of the property to screen the facility from view of adjacent parcels. B. Motion to deny the application based on a finding that the request is not consistent with the Comprehensive Plan. C. Motion to table the request. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner CITY OF 0 T S E G 0 WRIGHT COUNTY, MINNESOTA APPLICANT: City of Otsego 06-17-03 FINDINGS & DECISION CONDITIONAL USE PERMIT APPLICATION: Request for a conditional use permit to allow for construction of a municipal waste water treatment plant within the INS, Institutional District. CITY COUNCIL MEETING: 23 June 2003 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is Lot 1, Block 1 of Pleasant Creek Farms. B. The property lies within the West Sanitary Sewer Service District and is guided for low density and Medium -High Density Residential land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned INS District, which allows for municipal services as a conditional use. D. The Planning Commission and City Council must take into consideration the possible effects of the Zoning Map amendment with their judgement based upon (but not limited to) the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: The proposed action=s consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Comprehensive Plan establishes the west sanitary sewer service district for the purposes of accommodating anticipated growth with a compact, urban form with staged expansion polices to manage development, provide for a balance of residential use types and increase commercial and industrial development with the availability of sanitary sewer and water services. The proposed facilities are incidental to this development plan as an essential service. 2. The proposed use=s compatibility with present and future land uses of the area. Comment: The subject site was selected based upon topography andproximity to Otsego Creek which is the discharge point for the treated water. There is an existing block of single family dwellings to the west and the area to the north, east and south is planned for residential uses served by municipal sanitary sewer and water. The City's east WWTP was constructed and low density urban residential uses have developed directly adjacent to the site. The City has not experienced any compatibility issues related to the proximity of the east WWTP and abutting residential uses. In that the proposed west WWTP is the same design as the existing facility, we foresee no compatibility issues with the proposed location. 3. The proposed use=s conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: The proposed use conforms to all applicable performance standards. 4. The proposed use=s effect upon the area in which it is proposed. Comment: Construction of these facilities is necessary to implement the policies of the Comprehensive Plan for development of the west sanitary sewer service district. 5. The proposed use=s impact upon property values of the area in which it is proposed. Comment: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The proposed use is not anticipated to generate any significant traffic. 7. The proposed use=s impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City=s service capacity. Comment: The proposed use will contribute to the City=s service capacity. E. The planning report dated 11 June 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Otsego Planning Commission conducted a public hearing at their regular meeting on 16 June 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing recommended by a 5-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for a conditional use permit to for construction of the West WWTP is hereby approved based on the most current plan and information received to date, subject to the following conditions: A landscape plan is prepared that provides for a mix of deciduous and coniferous trees at the perimeter of the property to screen the facility from view of adjacent parcels. PASSED by the Otsego City Council this 23rd day of June, 2003. CITY OF OTSEGO By: Larry Fournier, Mayor K Attest: Judy Hudson, Zoning Administrator/City Clerk I T E M g 7 ' NORTHWEST ASSOCIATED CONSULTANTS, INC: VW5775 Wayzata ` Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 17 June 2003 RE: Otsego — Pump House #3; Rezoning/CUP NAC FILE: 176.08 — 03.06 The Planning Commission held a public hearing on 16 June 2003 to consider the rezoning and conditional use permit to allow for construction of Pump House #3 and Well #4 within the west sanitary sewer service district. No comments were received from the public and there was only limited Planning Commission discussion. The Planning Commission closed the public hearing and voted 5-0 to recommend approval of the applications. The applications will be considered at the City Council meeting on 23 June 2003. Decision 1 —Zoning Map Amendment A. Motion to approve a Zoning Map amendment rezoning approximately the site proposed for construction of Pump House #3 and Well #4 to INS District based on a finding that the action is consistent with the Comprehensive Plan. B. Motion to deny the application based on a finding that the request is not consistent with the Comprehensive Plan. C. Motion to table the request. Decision 2 — CUP A. Motion to approve a conditional use permit for construction of Pump House #3 and Well #4 based on a finding that the action is consistent with the Comprehensive Plan and Zoning Ordinance, subject to the following conditions: A landscape plan is implemented consistent with the plantings for the west plat line of Pleasant Creek Farms. 2. Motion to deny the application based on a finding that the request is not consistent with the Comprehensive Plan. pc. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner 2 CITY OF 0 T S E G 0 WRIGHT COUNTY, MINNESOTA APPLICANT: City of Otsego 06-17-03 FINDINGS & DECISION CONDITIONAL USE PERMIT APPLICATION: Request for a conditional use permit to allow for construction of a municipal Pumphouse #3 and Well #4 within the INS, Institutional District. CITY COUNCIL MEETING: 23 June 2003 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is described on Exhibit A. B. The property lies within the West Sanitary Sewer Service District and is guided for medium- high density residential land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned INS District, which allows for municipal services as a conditional use. D. The Planning Commission and City Council must take into consideration the possible effects of the Zoning Map amendment with their judgement based upon (but not limited to) the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: The proposed action=s consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Comprehensive Plan establishes the west sanitary sewer service district for the purposes of accommodating anticipated growth with a compact, urban form with staged expansion polices to manage development, provide for a balance of residential use types and increase commercial and industrial development with the availability of sanitary sewer and water services. The proposed Pump House #3 and Well #4 is an essential service necessary to implement the Comprehensive Plan policies. 2. The proposed use=s compatibility with present and future land uses of the area. Comment: To the west of the subject site are existing single family dwellings on one - acre lots. We recommend the landscaping proposed along the west plat line of Pleasant Creek Farms be continued to the subject site to provide screening for the existing development. Development of townhouse dwellings will surround the other three sides of the subject site. The limited activity of the use and the design of the site and building are anticipated to ensure compatibility. 3. The proposed use=s conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: The proposed use conforms to all applicable performance standards. 4. The proposed use=s effect upon the area in which it is proposed. Comment: Construction of Pump House #3 is necessary to implement the policies of the Comprehensive Plan for development of the west sanitary sewer service district. 5. The proposed use=s impact upon property values of the area in which it is proposed. Comment: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The proposed use is not anticipated to generate any significant traffic. 7. The proposed use=s impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City=s service capacity. Comment: The proposed use is anticipated to contribute to the City=s service capacity. E. The planning report dated 11 June 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Otsego Planning Commission conducted a public hearing at their regular meeting on 16 June 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing recommended by a 5-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for a conditional use permit for construction of Watertower #2 is hereby approved based on the most current plan and information received to date, subject to the following conditions: 1. A landscape plan is implemented consistent with the plantings for the west plat line of Pleasant Creek Farms. PASSED by the Otsego City Council this 23rd day of June, 2003. Attest: 2 CITY OF OTSEGO By: Larry Fournier, Mayor ORDINANCE NO.: CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR THE PROPOSED SITE OF PUMP HOUSE #3. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally described by Exhibit A (the Aproperty@). Section 2. The property is hereby rezoned from an R-6, Townhouse, Quadraminium, and Low Density Multiple Family District designation to an INS, Institutional District designation. Section 3. The Zoning Administrator is hereby directed to make appropriate changes to the official Zoning Map of the City of Otsego to reflect the change in zoning classification set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 23rd day of June, 2003. CITY OF OTSEGO Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk CITY OF 0 T S E G 0 WRIGHT COUNTY, MINNESOTA APPLICANT: City of Otsego 06-17-03 FINDINGS & DECISION ZONING MAP AMENDMENT APPLICATION: Request for a Zoning Map amendment to rezone the site proposed for municipal Pumphouse #3 and Well #4 to an INS District. CITY COUNCIL MEETING: 23 June 2003 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is described on Exhibit A. B. The property lies within the West Sanitary Sewer Service District and is guided for medium- high density residential land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned R-6, Residential Townhouse, Quadraminium, and Low Density Multiple Family District. The City has initiated a rezoning to INS, Institutional District to construct a municipal pump house and well, which is allowed as a conditional use. D. The Planning Commission and City Council must take into consideration the possible effects of the Zoning Map amendment with their judgement based upon (but not limited to) the criteria outlined in Section 20-3-2.17 of the Zoning Ordinance: The proposed action=s consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Comprehensive Plan establishes the west sanitary sewer service district for the purposes of accommodating anticipated growth with a compact, urban form with staged expansion polices to manage development, provide for a balance of residential use types and increase commercial and industrial development with the availability of sanitary sewer and water services. The proposed Pump House #3 and Well #4 is an essential service necessary to implement the Comprehensive Plan policies. 2. The proposed use=s compatibility with present and future land uses of the area. Comment: To the west of the subject site are existing single family dwellings on one - acre lots. We recommend the landscaping proposed along the west plat line of Pleasant Creek Farms be continued to the subject site to provide screening for the existing development. Development of townhouse dwellings will surround the other three sides of the subject site. The limited activity of the use and the design of the site and building are anticipated to ensure compatibility. 3. The proposed use=s conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: The proposed use conforms to all applicable performance standards. 4. The proposed use=s effect upon the area in which it is proposed. Comment: Construction of Pump House #3 is necessary to implement the policies of the Comprehensive Plan for development of the west sanitary sewer service district. 5. The proposed use=s impact upon property values of the area in which it is proposed. Comment: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The proposed use is not anticipated to generate any significant traffic. 7. The proposed use=s impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City=s service capacity. Comment: The proposed use is anticipated to contribute to the City=s service capacity. E. The planning report dated 11 June 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Otsego Planning Commission conducted a public hearing at their regular meeting on 16 June 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing recommended by a 5-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for a Zoning Map amendment rezoning the proposed site of Pump House #3 to INS District is hereby approved based on the most current plan and information received to date. PASSED by the Otsego City Council this 23rd day of June, 2003. Attest: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk 2 JUN lr 'Iii 01!38PM DARREL FARR DEVELOPMENT development V e r p, a F e t i o n let NS �OG�II� fIANi VG: V.�� f G)Y(V1 N�eI<li1 June 17, 2003 Mr. Mke Robertson City Administrator CrIY OP OTSEGO 8899 NE Nashua Avenue Elk River, Minnesota 55330 RE: Kittredge Crossings Otsego, Minnesota Dear Mike: P.2/2 ITEM 7.7. I met with Ron Wagner and Jeff Elliot at Hakanson Anderson today to review the feasibility study'for the referenced project. Since I,will not be able to attend the June 23rJ Council rneedng, Ron suggested I write'you a letter stating out general acceptance of the report subject to review by our legal c6unsel. We also discussed that if the City Council orders plans acid specs on the 23rd in keeping with the proposed schedule in the feasibility report that we would escrow $20,000 for the 'cost of the study, legal and miscellaneous costs associated therewith. Then, prior to the acceptance of bids, we would be required to escrow the full cost of the project currently estimated at 1695,000. Should you need anything further in this regard, please do not hesitate to can Sincerely, DARxt!_ A. PARR DRVEL )MENT CORPORATION Lucinda A. Gardner President LAG;M � c; File 3025 harbor lane, suite 317 Plymouth, minnosofo 55Ad7 76,3■553.0972 763••5539983 fox June 9, 2003 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 PAY ESTIMATE NO. 3- FINAL City of Otsego 85th Street - Padgett Ave. to Park Ave. Water Construction Improvement Project No. 02-02 RE: 85th Street - Padgett Ave. to Park Ave. Contractor: Volk Sewer and Water Contract Amount: $131,783.68 Award Date: March 26, 2002 Completion Date: Final Completion by June 15, 2002 Dear Council Members: All work has been completed on the project and accepted. Bid Schedule "A" ITEM 7. Item No. Sec. Ref. Description Estimated Number of Units Unit Unit Price Used to Date Extension 1 2021.00 Mobilization HEd1.00 1.00 LS $1,000.00 1 $1,000.00 2 2563.00 Traffic Control 10.00 LS $2,000.00 1 $2,000.00 3 2573.00 Ditch Bale Check 20.00 LF $10.00 0 $0.00 4 2101.00 Clearing and Grubbing 0.10 ACRE $1,550.00 0.1 $155.00 5 2104.00 Remove Bituminous Pavement 20.00 SY $5.00 106 $530.00 6 2104.00 1 Sawing Bit Pavement Full Depth) 10.00 LF $10.00 96 $960.00 7 2104.00 ISalvage and Reinstall Beehive Catch Basin 1.00 EA $700.00 1 $700.00 8 2104.00 ISalvage and Reinstall Sin 6.00 EA $30.00 8 $240.00 9 2105.00 [Salvage and Replace Topsoil 800.00 CY $3.00 800 $2,400.00 10 2211.00 IClass 5 Aggregate 6.00 TON $27.30 48.96 $1,336.61 12 2575.00 - - _. -- - -- - Seeding - Type Lawn Restoration H droseed 1.00 ACRE .pay.vv $2,744.28 cc. r o 1.24 LU40AU $3,402.91 13 2611.00 16" Ductile Iron Pipe CI 52 2080.00 LF $32.00 2068 $66,176.00 14 2611.00 8" Ductile Iron Pipe CI 52 10.00 LF $25.00 73 $1,825.00 15 2611.00 6" Ductile Iron Pipe CL 52 25.00 LF $25.00 39.5 $987.50 16 2611.00 Ductile Iron Fittings 10300.00 LB $1.35 2121 $2,863.35 17 2611.00 Connect to Existin Watermain 2.00 EACH $350.00 2 $700.00 18 2611.00 6" Gate Valve and Box 5.00 EACH $455.00 5 $2,275.00 19 2611.00 8" Gate Valve and Box 1.00 EACH $625.00 0 $0.00 20 2611.00 16" Butterfly Valve and Box 3.00 EACH $1,535.00 3 $4,605.00 21 2611.00 Hydrant Extension 4.00 LF $275.00 8 $2,200.00 22 2611.00 Salva a and Reinstall Hydrant 1.00 EA $1,000.00 1 $1,000.00 23 2611.00 Salvage and Reinstall 16" Pluq 1.00 EACH $50.00 0 $0.00 24 2611.00 2" Insulation 320.00 SF $1.00 0 $0.00 25 2611.00 Hydrant 4.00 EACH $1,650.00 4 $6,600.00 26 2563.00 Straw Bale Droo Inlet Sediment Filter 1.00 EA $50.00 1 $50.00 27 2563.00 Sediment Filter at Existing Curb Inlet 4.00 EA $50.00 0 $0.00 28' Detour Signage 1.00 LS $458.00 1 $458.00 29' Remove Curb and Gutter 20.00 LF $3.00 20 $60.00 30' 1 IValve Box Extensions 6.00 LF $43.00 6 $258.00 Total - Bid Schedule "A" Per Change Order No. 1 $104,830.77 ot513P PE -1 5/27/03 PAY ESTIMATE NO. 3- FINAL City of Otsego 85th Street - Padgett Ave. to Park Ave. Water Construction Improvement Project No. 02-02 Bid Schedule "C" - Tunnalinn 1Palmnran Avani is R P—ral Avon—% ITEM 7.. Total - Bid Schedule "C" WORK COMPLETED TO DATE: LESS 0% RETAINAGE: LESS PREVIOUS PAYMENTS: WE RECOMMEND FINAL PAYMENT OF: APPROVALS: CONTRACTOR: VOLK SEWER AND WATER Certification by Contractor: I certify that all items and amounts are correct for the work completed to date. Signed: Title: - ?R :5 t 40 r-tj r, Date: & 1 2 10--3 ENGINEER: Certification by Engineer: We recommd pay t for work and quantities as shown. HAKANSON AN R ASSOCIAT N Signed: Title: 7 Date: OWNER: CITY OF OTSEGO Signed: Title: Date: $22,905.60 $127,736.37 $0.00 $125,262.46 $2,473.91 ot513P PE -2 5/27/03 Estimated Item Number of No. Sec. Ref. Description Units Unit Unit Price Used to Date Extension 16" Ductile Iron Pipe CL 55 MT (Push Pipe Joint) Installed by Micro Tunneling & Jacking or 16" Ductile Iron Pipe CL 52 MJ Installed by Boring and Jacking of 11.001 2611.00 ISteelCasing 160.00 LF $143.16 160 $22,905.60 Total - Bid Schedule "C" WORK COMPLETED TO DATE: LESS 0% RETAINAGE: LESS PREVIOUS PAYMENTS: WE RECOMMEND FINAL PAYMENT OF: APPROVALS: CONTRACTOR: VOLK SEWER AND WATER Certification by Contractor: I certify that all items and amounts are correct for the work completed to date. Signed: Title: - ?R :5 t 40 r-tj r, Date: & 1 2 10--3 ENGINEER: Certification by Engineer: We recommd pay t for work and quantities as shown. HAKANSON AN R ASSOCIAT N Signed: Title: 7 Date: OWNER: CITY OF OTSEGO Signed: Title: Date: $22,905.60 $127,736.37 $0.00 $125,262.46 $2,473.91 ot513P PE -2 5/27/03 Item 7.3 Groundwater Monitoring Wells Ground Water Monitoring Testing Results Otsego County Park Well MW #1 //ha01/shared docs/aotsego/606/ot606gwmocpw 1/95 2/96 2/97 4/97 5/98 1/00 4/01 5/03 Elevation 853.4 856.28 855.7 860.93 854.07 856.95 853.26 854.46 Temperature 6.5 8.8 9 8.1 10.3 9.2 8.6 8.5 Specific Conductivity 555 525 387 742 826 935 947 744 PH 6.99 7.49 7.4 7.85 7.3 7.03 7.18 6.6 Chloride 55.1 74.5 94.4 - 78.4 123 13.5 105 Nitrate & Nitrite 3 2.5 <.5 - <.2 <.2 <.2 2.81 Nitrogen Coliform (Fecal) <1 <1 <1 <1 <.5 <10 - <1 <0.6 <1 0.98 <1 0.9 <1 0.6 <1 //ha01/shared docs/aotsego/606/ot606gwmocpw Ground Water Monitoring Well Otsego County Park m 858 Ground Water Monitoring Well Otsego County Park 12.0 10.0 Cond Ground Water Monitoring Well Otsego County Park 1000 900 45. F [.^, �' t R`xy'Y _T j;7 t y'Egl:.. �f 800�!3' 700 1 600 500 400 300 200 100 0 1/95 2/96 2/97 4/97 5/98 1/00 4/01 55//0-3�� ivity 555 525 387 742 826 935 947 744 Date of Sample ific Conductivity cu M x a Ground Water Monitoring Well Otsego County Park Date of Sample —m— pH Linear (pH) Ground Water Monitoring Well Otsego County Park 140.0 K.. 120.0 100.0 J 80.0 O .� 60.0 - U 40.0 20.0 0.0 1/95 2/96 2/97 4/97 5/98 1/00 4/01 5/03 —r■— Chloride 55.1 74.5 94.4 0 78.4 123 13.5 105 Date of Sample _ —E—Chloride Linear (Chloride) 3.5 3 2.5 m 2 z 06 d 1.5 z 0.5 Ic Ground Water Monitoring Well Otsego County Park �-+- Nitrate & Nitrite 3 2.5 I 0 .1 0 0 0 0 2.81 Date of Sample —�— Nitrate & Nitrite Linear (Nitrate & Nitrite) 1/95 2/96 2/97 4/97 5/98 1 /00 4/01 5/03 �-+- Nitrate & Nitrite 3 2.5 I 0 .1 0 0 0 0 2.81 Date of Sample —�— Nitrate & Nitrite Linear (Nitrate & Nitrite) Ground Water Monitoring Well Otsego County Park 1.2 1 0.8 Ground Water Monitoring Well Otsego County Park 1 RE AIR 0.7 �,T M, 7,,-�, 7211111111111re 0 0 0.4 0.3 0.2 0.1 0 - — 1/95 2/96 2/97 4/_97 5798 1/00 4/01 5/03 Coliform (Fecal) 0 0 0 0 0 0 0 — 0 Date of Sample Coliform (Fecal) —Linear (Coliform -(.Fecal)) E 0.5 0 0 0 0.4 0.3 0.2 0.1 0 - — 1/95 2/96 2/97 4/_97 5798 1/00 4/01 5/03 Coliform (Fecal) 0 0 0 0 0 0 0 — 0 Date of Sample Coliform (Fecal) —Linear (Coliform -(.Fecal)) Ground Water Monitoring Well Results 90th Street & Ohland Well MW #2 //ha01/shared docs/aotsego/606/ot606gwm90 1/95 2/96 2/97 4/97 5/98 1/00 4/01 5/03 Elevation 861.98 862.7 862.62 864.1 861.22 860.26 859.18 861.48 Temperature 6.8 9.8 10 10.6 11.8 10 10.2 11.8 Specific Conductivity 486 476 452 680 637 662 666 587 pH 7.79 8.14 7.21 7.73 7.5 7.46 7.52 6.23 Chloride 10.7 9.7 10.8 - 27.8 13.7 13.5 13.9 Nitrate & Nitrite <1 1.3 <.5 - <.2 <.2 <.2 <.2 Nitrogen <1 <1 0.91 - <0.6 0.1 0.9 1 Coliform (Fecal) <1 <1 <1 <1 <1 <1 <1 1 //ha01/shared docs/aotsego/606/ot606gwm90 Ground Water Monitoring Well 90th Street 865 864 863 862 a; K 00 d' U) [� r t' CD Ig VP Frtx�y 7 . 00 co D1 LO 4 r,- O ro O 5 N 'LY Y} 4ty i •i ^Rta Y f O co nyi'�GwP iii 3. q2 Ri GrT'L�'.j' AAC+ L a LO OD CY) \ CJ s � O O O O O O O O t7 N O N O snplao ja}eM jo ain;ejadwal E aD l� I N 7 CL E N Ground Water Monitoring Well 90th Street :1H 700 OP k > 500' d 7 V }S. ° 400 U w. d CL 300 200 100 0- 1/95 2/96 2/97 4/97 5/98 1/00 4/01 5/03 -+- Specific Conductivity 486 476 452 680 637 662 666 587 Date of Sample -+- Specific Conductivity Linear (Specific Conductivity) Ground Wates Monitoring Well 90th Street 8.5 7.5 7.0 4 a 6.5 6.0 5.5 5.0 —1/95 2/96 2/97 4/97 5/98 1/00 4/01 5/03 -:-*:—::pH 7.79 8.14 7.21 7.73 _ 7.5 _ 7.46 7.52 6.23 Date of Sample —♦- pH Linear (pH) 30.0 25.0 20.0 J E v 15.0 0 s V 10.0 5.0 0.0 —�— Chloride Ground Water Monitoring Well 90th Street 1/95 2/96 2/97 10.7 9.7 1 10.8 4/97 5/98 0 27.8 Date of Sample —+— Chloride —Linear (Chloride) 1/00 4/01 5/03 13.7 13.5 1 13.9 1.4 1.2 0.2 CI -0.2 - Nitrate & Nitrite Ground Water Monitoring Well 90th Street "p"s,'t 1 1 „z� d ...i, �$ry�R� :� � 't' a`Y"t✓�,.t: Yi. K £. c"i � 7* �Yk, D�.;..'E.Ty�2 h. .i };,, `'� 5 y � -xs fx',1 H 7"4`" (t3'��'S' 4iv Jyy��'�."I _'&.,� S.. ! �' ti'" Sy Y�Y„�.+`r. �"^ �ry �,�.�.p .s f*' s�.. k.-'i�*T+"3Y sw,�r '^r'4B d} `P v. ��'Y,, u"�h -4"Y a:. � ^:a kr (,i' •_ �x`ki'C ifQ>,g�� AJ�ax' y+�; �" � ��3� i ,�,-.i¥r 4i �Y�y{}�"Yf$ i+•�4 � ;�} �y �. b'��y��`��"fi,Aer �1P��[,,:!'iF' }` ��", x-.i'"�Rt'f".#..c.1' ,�y�x'Q "r�r��''�,,y`�i vjN"� ��y�Y,'SS,�.,y,SdyyFi,{b "4L�g'fiiik.. y, a � hy.k't�`' ...'Fi'2K 'kYt'4, !':vff 'Y s.t3?r��'<iw"rir§X.C�`�+k�n,.,3"'S ..�J"�"`qP dip :. Y,f �'3, '�%K"a.` k F."� «�.,rv�'..k' �•. �S < 'y`"'. .5.: NIw�4 y fi9n,( .u�' r {` ztari"rY�d E'1C.' '*L9Y,7j7 q Si.L,4. Ymi't:: Kh {'^ „A.' �' 2'}�, r a 7, ..r�;`�t'?t' t" �' LLS 14'J � r S,. 5 5 t 1/95 2/96 2/97 4/97 5/98 1/00 4/01 5/03 0 1.3 0 0 0 0 0 0 Date of Sample --*—Nitrate & Nitrite Linear (Nitrate & Nitrite) c CD 0) 0 L I - Ground Water Monitoring Well 90th Street Date of Sample —+—Nitrogen Linear (Nitrogen) Ground Water Monitoring Well 90th Street 1.2 �� '��+z�� '`�� `i,R a�Y� : �'��,� 'j' •y.^~ '�y�,"`;.»S��y 'rric`"vE�- `� s •� � i t�'..1+� � ��i� � {'SiV'�� a,�,��{3' S� tg._ �A �&n.}�-.. ...,k�4�:llYay�5A. a�FA;�'tY-"r .. J.�,_ x _� t,_,`S'.:.= � �=��e�§��.� -i.... # Ufa ..�:3� .Y •"t� '":-x`ir�t, � ",`? _ e . ,+'t k� A.. y,, %xr`�.'i �' � 4 * y nY r r... }�' � .. Date of Sample —+-- Coliform (Fecal) Linear (Coliform (Fecal)) 4' 1 y 4 3FthR a"" H YM a=y Y 2 R, v�ga fti �E i J 3l 4( P Y t � n�C h '�a:- ✓., 3�'''+� '�F � �?a,Y•. ..';. { `�« s. �` •� rt $'sJ�ik �'f:: Y � *ti ty. ''Y X *+i a= � km'.. � -.. Nti f d � � � �' ��.�, F. 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Y` � � tY` � N i • 'e'W'�.y.l t� 0.6. .l .y 7777 U 77777 7 � a L E 0.4- 4071 •o 0.2 0 -0.2 - -. -- - -0.4 1/95 2/96 2/97 4/97 5/98 1100 4/01 5/03 —�-- Coliform (Fecal) 0 0 0 0 0 0 0 1 Date of Sample —+-- Coliform (Fecal) Linear (Coliform (Fecal)) Ground Water Monitoring Well Results 85th Street Well MW #3 //ha01/shared docs/aotsego/606/ot606gwm85 1/95 2/96 2/97 4/97 5/98 1/00 4/01 5/03 Elevation 862.31 862.75 862.49 864.08 862.93 858.95 859.08 861.48 Temperature 6.2 9.9 11.7 11.4 11.8 9.8 10.2 11.3 Specific Conductivity 540 548 476 811 893 804 814 890 pH 6.65 7.69 7.11 6.58 7.3 7.43 7.32 6.52 Chloride 25.1 25.8 30.8 - 29.5 41.4 51.2 143 Nitrate & Nitrite <1 1.2 <.5 - <.2 <.2 <.2 <.2 Nitrogen <1 <1 <.5 - <0.6 <0.1 0.7 0.4 Coliform (Fecal) <1 <1 <1 <1 <1 <1 <1 2 //ha01/shared docs/aotsego/606/ot606gwm85 0 a� w Ground Water Monitoring Well 85th Street Date of Sample --� Elevation Linear (Elevation) Ground Water Monitoring Well 85th Street -1 A Date of Sample +Temperature Linear (Temperature) Ground Water Monitoring Well 85th Street Ann^ Date of Sample —+— Specific Conductivity Linear (Specific Conductivity) Ground Wales. Monitoring Well 85th Street Date of Sample + pH Linear (pH) Ground Water Monitoring 85th Street A nn Date of Sample —4 Chloride Linear (Chloride) AMERICAN ONSTRUCTION, INC. GENERAL CONTRACTORS June 11, 2003 Ellen Stewart (F) 612-332-0936 Damon Farber Associates 923 Nicollet Mall Minneapolis, MN 55402 Re: Three City Parks Otsego, MN Change Order Proposal No. THREE 5900 Main Street P.O. Box 547 Rockford, MN 55373 Phone: (763) 477-9900 Fax: (763) 477-9600 Contract #: DFA# 02-142, 02-163, 02-179 1) During site excavation the parking lot topsoils were excessively deep requiring additional soil removals. Replacement materials will be provided by the City of Otsego. The excess topsoils will be wasted on site. The cost for the soil corrections is listed below. 2) There is a large dead tree on the hill behind the well house. The cost to remove the tree and stump is listed below. 3) The existing trail through the wood has eroded to a depth of 1'-2' and needs additional fill. The City will provide materials to be placed by ALC. 4) A tree fort has been recently constructed in one of the trees on site. ALC to remove tree fort. General Contractor Forces: Time Extension Days @ $ 460 /Day $ - 01310(g) Project Manager 4 Hours @ $ 55 /Hour $ 220.00 01312(g) Superintendent 8 Hours @ $ 55 /Hour $ 440.00 01314(g) Carpenter 2 Hours @ $ 45 /Hour $ 90.00 (Treefort removal) $ - Subtotal $ 750.00 Overhead 10% $ 75.00 Subtotal $ 825.00 Subcontractor Forces: 02200(s) Rem tree and stump $ 250.00 02200(s) Parking lot corrections $ 600.00 02200(s) Trail topsoil infill $ 200.00 Subtotal $ 1,875.00 Profit 10% $ 187.50 Subtotal $ 2,062.50 Bond / Insurance 1.50% $ 30.94 TOTAL AMOUNT THIS CHANGE ORDER $ 2,093.44 The acceptance of this Change Order will add 0 days to the substantial completion and final completion dates at a rate of $ - /day. Proposal subject to change if not accepted within 10 days. Please call if there are any questions or comments. Accepted, for: City of Otsego Very truly yours, A rican Liberty Cons ruction, Inc. Howard Jacobson - Project Manager Date: Affirmative Action / Equal Opportunity Employe — �— cuuj tu:Z)µ /bJbbb!D1jd TWIN PINES EARTHWORK PAGE 01/01 �� ..W j�rrl I/r 27385 1147H tT- ��t+�MFt 1�N 5539a PHONE (753) 35S-4508 •- FAx t76a� a5a-5�3o FAX COYtP PAGI # of Pages: j ( Including Cover Page ) To: —�� From: Company: G _ Date: Fax #:y ] ? -4 Re - Message: Reser., seaZ'gv"s f ami 4-yf 4,,K. %�s -� 7 S-3� gee NOTICE - CONFIDENTIAL INFORMATION The information 00 NOTICE in this fax commuMcatlon is soky for the use ol. f the Individual or entity named above. Ie aeade th>sand att-ictly �measa9eals noIt t Intended e Intended recipient, or the employee or agent re"nsible to deliver K to the intended recipient, any dissemination or distribution, oopyln8 or other use of the Information C* to to in thlaended r cation is y di If you received this communleatlon In error, please notify the sender 4nmedtatey at the above telephone number Of your erroneous receipt IF YOU DO NOT RECEIVE ANY OF THE FOLLOWING PAGES PROPERLY, PLEASE CALL (783) 858-4308 NUISANCE ABATEMENT UPDATE June 23, 2003 1. Mike Larson 6434 Quale Avenue NE Otsego, Minnesota 55330 Our office was contacted by Mr. Larson who indicated that he had some questions concerning the alleged violations and wanted to review the Zoning Ordinance. I advised Mr. Larson that copies of the Zoning Ordinance were available at the City. Mr. Larson has made a specific written request for certain documents related to the City's notice. These documents are being assembled and will be sent to Mr. Larson along with a letter advising him that he has apparently failed to abate the noticed violations. NAC pursuant to our recommendation sent a letter dated June 9, 2003 asking the property owner to assist in scheduling a follow up on sight inspection. If the owners are not cooperative we will recommend that the City seek an administrative search warrant. As of the date of this report NAC has not received a response to their letter attempting to schedule a follow up inspection. The Council may want to consider how much time it is inclined to provide this property owner before it authorizes staff to obtain an administrative search warrant. 3. Scott Meneley & Shelly Benson 9115 Nashua Ave. NE Otsego, MN 55330 Based on the preliminary inspection conducted by NAC there does appear to be any nuisance conditions existing on the property and the bus that had been on the property was removed and the RV currently on the property is registered. 4. John Butler 8439 Ogren N.E. Otsego, Minnesota 55330 NAC has inspected this property. The inspection report indicates that there are several unlicensed vehicles on the property. At least two vehicles have for sale signs on them. The report also indicates that vehicles are not parked on impervious surface. NAC will be getting us a count of the number of vehicles that are not currently registered. The City council may want to consider authorizing the noticing of the property owner with the violations of the zoning ordinance relating to impervious surface and vehicle sales. We could then address both the nuisance conditions and the zoning violations at the same time in District Court. 6. Timothy Ekeren 1412662 nd St. N.E. Otsego, Minnesota 55330 NAC conducted a limited inspection of this property. There appears to obviously inoperable vehicles on the property. The pleadings previously served on Mr. Ekeren were filed in district court and a court date will be set once the pleadings are processed by the court. 7. Chad Lofgren 14166 N.E. 62nd St. Otsego, Minnesota 55330 This Property is scheduled to be inspected by NAC. ' 8. Cheryl Pratt 8274 Oakwood Ave NE c Otsego, Minnesota 55330 This property was inspected by NAC. There are still a number of vehicles on the property. NAC pursuant to our recommendation sent a letter dated June 9, 2003 asking the property owner to assist in scheduling a follow up on sight inspection. If the owners are not cooperative we will recommend that the City seek an administrative search warrant. As of the date of this report NAC has not received a response to their letter attempting to schedule a follow up inspection. The Council may want to consider how much time it is inclined to provide this property owner before it authorizes staff to obtain an administrative search warrant. 9. Lyle Peterson 14269 91" Street Otsego Minnesota 55330 U A nuisance notice which meets the ordinance and statutory criteria was prepared by our office and sent to the Sheriffs Department for service on the owner / resident on June 6, 2003. The residence was served by the Sheriff's Department on June 10, 2003. The property owner has thirty days to abate the nuisance conditions. Once the time period has run a compliance inspection will be scheduled. 10. Albert Barthel (Ken Davis) 8841 Mason St. Otsego, Minnesota 55330 This property has a mobile home unit which was allowed as a farm accessory use by CUP on September 27, 1984. The CUP allowing the mobile home unit on the property was conditioned upon its removal at such time as it was no longer used by persons employed full-time in the daily farm operation. Notice was sent to the new property owners advising them of the conditions of the CUP. 11. David Peterson 14333 87th Street NE Otsego, Minnesota 55330 According to NAC this property was inspected and has been cleaned up and the nuisance conditions have been abated.