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05-13-96 CCCITY OF OTSEGO K OUhN I PUK CUUNUIL AU 11UN AGENDA SECTION: DEPARTMENT: MEETING DATE 4. SPECIAL PRESENTATIONS Pastor Greg Pagh May 13, 1996 - 6:30PM ITEM NUMBER. ITEM DESCRIPTION: PREPARED BY: 4.1. Pastnr Gree Pagh Presentatinn nn Cnmmunitv Youth Task Fnrce Elaine Beatty, City Clerk/Zcning Adm. Background: Attached is information on the Town Meeting and the youth and building a healthy community. Pastor Pagh will explain and give further information to the Council. STAFF RECOMMENDATION: Our Mayor Freske will kick off the Town Meeting at the Otsego Elementary School on May 22, 1996. Dinner begins at 5:30PN4fProgrwn begins at 6:45PM Cost is $5.00 per individual. Hope Otsego has a good turn out Thanks, Elaine Batty q45141Z7r;q eowM=1715S — 955ime7w 72PS �MR7�4 A TOWN MEETING May 22, 1996 Otsego Elementary School Dinner begins at 5:30 / Program begins at 6:45 Do you want to be a part of an initiative that takes a positive approach to building a healthy community? Are you interested in hearing how you and all community members can be a part of this initiative? Then join the Community Partners for an introduction to the concept of asset building for our youth and our community. Learn about asset building, what other communities are doing with it and what we can do here in our own communities. Presenting: Karen Atkinson, Coordinator of St. Louis Park - Children First as keynote and representatives from Northwest Anoka County, Montrose and Paynesville, as well as our own youth task force representative. You will be informed, enlightened, and challenged. Dinner and child care (for children ages 3-5) will be provided. Organized activities for children K-6 will also be provided at the site following the meal. Pre -register with fee at: Community Ed, 1230 NW School St. Elk River (241-3522) Fee $5.00 per individual with a max of $12.00 per family. Communitv Partners Elk River Chamber Community Recreation Sherburne Co. Pub Hlth District 72SECFE Elk River Ministerium District 728Community Ed Citizen's League District 728 Public Schools Elk River Rotary 2001 Committee Rivers of Hope Comm. Youth Task Force Elk River Star News Sherburne Co. 4-H City of Otsego "Healthy Communities" Family Registration May 22, 1996 #904-1 $51 person or S12/family Total Number Attending Adult Name(s) Sherburne Co. Extension ER Area High Student Council City of Rogers Rogers Chamber Sherburne Co. Sheriff Elk River Police City of Elk River City of Zimmerman Children Name(s) Age Age Phone Number Day Eve GIVING KIDS WHAT THEY NEED TO SUCCEED Wby do some kids deal with life and growing up with ease, while others struggle? Why do some kids avoid dangerous activities, while others get involved in all kinds of risky behavior? What happens to help one young person beat the odds, while another seems trapped? Many factors influence why some young people have many successes in life, and why others have a harder time. However, research by Search Institute has identified specific, practical things that can have a tremendous and lasting positive impact on youth. Rather than focusing on problems, this research concentrates on "developmental assets"—the positive things (like parent support and commitment to education) that help young people thrive. The assets are 30 building blocks that young people need to help them make wise decisions and choose positive lifestyles. The more of these assets they experience, the better. Sixteen of the assets are external. They are the supports, boundaries, and structure that surround youth. The other 14 assets are internal commitments, attitudes, values, and skills that support youth from within. Together they form a foundation for healthy development. se this checklist to evaluate which assets 15. Youth spends one hour or more each week in clubs young people have. Checkmark each statement that or organizations outside of school. you feel is true about your child or a young person 16. Youth spends one hour or more each week 'ou know. attending church or synagogue programs or music training or practice. person now he or she would answer. 14. Youth spends one hour or more each week in school This checklist is an educational, awareness -raising tool. It is not intended nor sports. clubs, or organizations. appropriate as a scientific measurement of developmental assets. Search Practical rejeaich Major support for Search Institute's Healthy Communities • Healthy Youth initiative is bcnefrrinq ch,ldrh- underwritten by Lutheran Brotherhood, which provides financial services, community • • • services. 1. Youth receives high levels of love and support from 17. Youth is motivated to: do well in school. family members. 18. Youth aspires to pursue;post-high school education 2 Youth sees parent(s) as an accessible resource for (trade school, college). advice and support. 19. Youth's school performance is above average. 3. Youth has frequent, in-depth conversations with 20. Youth does six hours or more of homework each parent(s). week:' 4. Youth has access to non -parent adults for advice 21. Youth places a high personal value on helping other and support. people. 5. Youth has frequent, in-depth conversations with:... 22, Youth is interested in helping reduce world hunger. non parent adults. 23: Youth cares about other people's feelings. 6. Youth feels parent(s) help her or him succeed'in 24.: Youth values postponing sexual intercourse. school. 25i Youth has the ability to stand up for what he or she 7 School provides a caring, encouragingenvironment believes in. 8. Parent(s) set standards for appropriate conduct. 26. Youth is good at making decisions. 9. Parent(s) discipline youth when he or she violates a 27 Youth is good at making friends. rule. 28. Youth is good at planning ahead. 10. Parent(s) monitor where youth is going and with 29. Youth has a high self-esteem. whom he or she will be. 30. Youth is optimistic about her or his personal future. 11. Youth goes out for "fun and recreation" three or fewer nights each week. Scoring: Give the young person one point for each "true.'Total 12. Youth's best friends model responsible behavior. up the number of points. The average sixth to 12th grader in 13. Youth spends three hours or more each week in the United States reports about 16 assets. Now ask thatyoung music training or practice. person now he or she would answer. 14. Youth spends one hour or more each week in school This checklist is an educational, awareness -raising tool. It is not intended nor sports. clubs, or organizations. appropriate as a scientific measurement of developmental assets. Search Practical rejeaich Major support for Search Institute's Healthy Communities • Healthy Youth initiative is bcnefrrinq ch,ldrh- underwritten by Lutheran Brotherhood, which provides financial services, community • • • THE POWER OF ASSETS Research has found that these 30 assets powerfully protect young people from a wide range of risky behaviors. And, the more assets a young person has, the better. Because as the number of assets a youth has increases, the number of risky behaviors decreases. In addition, the positive things we want youth to do increase. The same patterns hold true in all sizes of communities, across racial and ethnic lines, and among females and males. Category Definition ALCOHOL Six or more uses in past month or got drunk 9 once or more in past two weeks TOBACCO Smokes one or more cigarettes every day or 4 uses smokeless tobacco regularly ILLICIT DRUBS Six or more uses in the past year SEXUAL ACTIVITY Sexual intercourse, two or more times in lifetime DEPRESSIOWSUICIDE Frequently depressed and/or has attempted 17 suicide ANTI -SOCIAL BEHAVIOR Two or more acts in the past year AND VIOLENCE 5 SCHOOL PROBLEMS Skipped school two or more days in the past 13 month, and/or wants to drop out VEHICLE RECKLESSNESS Drinks and drives, rides with drinking driver, 4 or non-use of seat belts 0-10 11-20 21-25 26-30 Assets Assets Assets Assets 44 23 9 3 35 16 4 1 22 9 2 1 51 34 17 7 42 24 11 5 51 28 13 6 30 12 4 1 78 57 35 19 THE CHALLENGE The challenge is that almost all young people have too few of the 30 assets. Although they should have at least 26, most have only about 16—a start, but not enough. Here's a picture of what we found: 62% 14% 20% Search Institute suggests a goal that all young people should experience at least 26 of the 30 assets. Yet only 4 percent of youth reach this goal. 4% 0-10 Assets 11-20 Assets 21-25 Assets 26-30 Assets Il„,, ,...� ,F,...hl;. .•t,,,il •t.,lno,r• .,,-i,in<- � n EVERYONE'S AN ASSET BUILDER The exciting thing about assets is that everyone—parents, grandparents, teachers, coaches, friends, youth workers, employers, youth, and others—can build them. The whole community can play a role in raising confident, caring young people who will be the leaders of tomorrow! Here are some ideas for what you can do: • Get to know the names of teenagers in your neighborhood. • Hug a child or teenager. • Greet young people with a smile when you pass them on the street. • Volunteer to be a big brother or sister to a young person through a mentoring program in your community. • Donate children's and teen's books to a local shelter that serves families and children. • Invite your child or the child of a friend to spend an afternoon with you. • Offer to give a parent you know a break by spending an hour or two with her or his child. • If you are a young person: Find one special adult, other that your parent(s), to spend time with regularly. • If you are an employer: Hire a teenager to work in your office two afternoons a week. Offer plenty of training, support, and encouragement. • Call a young person you know, just to say 'hi: • Be a youth advocate. Know the issues that affect young people and speak out on their behalf. • Remember what it was like to be young. • If you are a parent: Ask your child to help you with a project. Explain what you are doing. why, and how. • Go to a performance or sporting event of a child or teenager you know. • Get involved with a youth program in a congregation or community center. • Hire young people—rather than professionals—to mow your lawn, shovel snow, or rake leaves. • Go for a walk with a kid. • Befriend a young person who seems lonely or bored. Six Principles of Asset Building All young people need assets—While it is crucial to pay special attention to those youth who have the least (economically or emotionally), nearly all children and adolescents need more assets than they have. 2. Everyone can build assets—Asset development requires consistent messages across a community.All adults, youth, and children play a role. 3. It's an ongoing process—Asset development starts when a child is born and continues through high school and beyond. 4. Relationships are key—A central key to asset development is strong relationships between adults and young people, young people and their peers, and teenagers and children. 5. Consistent messages—Asset building requires consistent, positive messages about what is important. 6. Redundancy—Kids need to hear the same positive messages and feel support over and over again, from many different people. Adapted from Peter L. Benson, Uniting Communities for Youth (htinneapolis,.MN, Search Institute. 1995). 7= RESPEC Healthy Communities • Hea/tliy Youth now, most people have heard V17 -the saying, "It takes a village to raise a child." But until now, there's been little concrete advice for just how a village can do that. With major support from Lutheran Brotherhood, Search Institute is introducing a new initiative called Healthy Communities • Healthy Youth that provides a vision, structure, resources, and training to mobilize communities to collectively "raise" their children. "What we're talking about here A New National Initiative is creating a national movement to change how we think about and interact with young people," says Peter Benson, president, Search Institute. "We're educating people in all corners of communities across the country about what they can do to make sure young people get what they require to grow up to be healthy, happy, productive adults." Healthy Communities • Healthy Youth grows out of Search Institute's research involving more government in action Investing in Tomorrow The Governments' Role in Rebuilding Healthy Communities for Youth to crime prevention, many government programs and services disproportionately affect youth. While services for youth with specific needs are important, specialized programs and services cannot, by themselves, reverse many of the challenges all young people face. If we are to ensure the health and vitality of our young people, there needs to be a commitment to strengthening the foundations that all youth need to grow up successfully. Through RespecTeen- sponsored research with more than 250,000 youth across the United States, Search Institute has measured the presence and continued an page 4 Spring I Hsu than 250,000 young people in hundreds of communities across the country. This research has identified 30 "developmental assets," factors that are critical for young people's successful growth and development (see government article, this page). "The research gives us a solid base of understanding about what young people need to succeed and allows us to focus on solutions rather than problems," Benson says. The goal of building these 30 assets in young people has given communities something concrete and actionable to rally around." For example, after developing a vision and plan for applying the Healthy Communities asset - building philosophy, St. Louis Park, Minn., launched a communitv-wide initiative to continued an page 1 �R .4�"0��fin overnment plays a critical 4V CAN BUILD ensuring the ASSETSI Fell -being and healthy Fifth in a series development of on what each children and youth. sector can do to From education to huild assets health care to economic assistance to crime prevention, many government programs and services disproportionately affect youth. While services for youth with specific needs are important, specialized programs and services cannot, by themselves, reverse many of the challenges all young people face. If we are to ensure the health and vitality of our young people, there needs to be a commitment to strengthening the foundations that all youth need to grow up successfully. Through RespecTeen- sponsored research with more than 250,000 youth across the United States, Search Institute has measured the presence and continued an page 4 Spring I Hsu than 250,000 young people in hundreds of communities across the country. This research has identified 30 "developmental assets," factors that are critical for young people's successful growth and development (see government article, this page). "The research gives us a solid base of understanding about what young people need to succeed and allows us to focus on solutions rather than problems," Benson says. The goal of building these 30 assets in young people has given communities something concrete and actionable to rally around." For example, after developing a vision and plan for applying the Healthy Communities asset - building philosophy, St. Louis Park, Minn., launched a communitv-wide initiative to continued an page 1 page 4 Government in Action continued from page 1 impact of 30 of these foundations—or developmental assets. The 30 developmental assets are divided into six categories: support, boundaries, structured time use, educational commitment, positive values, and social competencies. (For a complete list of the assets see page 4 of the Healthy Communities Healthy Youth booklet, Search Institute, 1996.) The more of these assets young people have, the less likely they are to be involved in risky behaviors. Furthermore, young people with more assets in their lives are more likely to be involved in positive behaviors such as volunteering and doing well in school. Search Institute has identified at least seven ways Y•J for the public sector to play a role in nurturing these developmental assets in youth. Providing Support— Relationships are at the heart of providing support. Government cannot force relationships to develop, but it can create environments in which positive relationships are more likely. This may involve creating safe neighborhoods and parks, ensuring that families have necessary supports, and policies such as community policing that have potential for building positive relationships. Finally, government needs to ensure that its own employees are equipped to build assets in their families and communities. Policies should be flexible to allow employees to fulfill their roles as parents and/or be involved in their communities through mentoring, volunteering in youth programs, and other asset -building activities. ZCreating Boundaries— Support and affirmation need to be complemented with clear boundaries and expectations regarding which behaviors are acceptable to the community and which are not. Government can and should ident�fy the community's norms and values by listening to citizens, set boundaries based on these shared norms and values, educate community members about the boundaries and their importance, and consistently enforce boundaries through policy setting and law enforcement. 0 Opportunities for Structured Time Use—Recreation, camping, sports, and other youth - development programs are essential for young people's healthy development. Yet these programs are often the first to be cut in times of budget tightening. Until these health -promoting programs are strengthened and available to all youth, society will continue to spend increasing resources on back -end responses such as law enforcement, prisons, and treatment programs. ®Nurturing Educational Commitment—No person or organization can force young people to internalize a love for learning. However, government can invest resources (and encourage investment by business executives, civic leaders, and others) that stimulate interest in learning and allow youth to pursue their educational dreams. FCultivating Positive Values - 5 I In our increasingly fragmented society, it's difficult for Youth Update young people to receive clear signals about the core positive values that are important for personal development. Government can play an important role in encouraging constructive, respectful dialogue about the values (such as freedom, democracy, and justice) we share as a society and seek to pass on to our young people. �j Building Social Competencies—Many government entities can engage young people in service and leadership projects that build life skills such as decision making, planning, and assertiveness. Young people can be involved through graffiti removal, leadership in summer recreation programs, or citizen patrols to enhance the safety of neighborhoods. Catalyst for Change—Asset building requires the involvement and engagement of all sectors in a community. Government can be a leader in initiating partnerships for youth between the public, private, and philanthropic sectors. As people feel supported and connected, as they articulate a shared sense of values, and as they work together on behalf of children and youth, their commitment to the community and its future will grow. When that happens, a community will be well on the way to having the energy, skills, commitments, and resources to address other pressing needs and to move toward a renewed sense of community for all residents. From Finding a Focus. Rethinking the Public Sector's Role in Building Assets in Youth by Hope Melton and Eugene C. Roehlkepartain. To order, call Search Institute, 1-800-888-7828. Cost is 54.50. RESPEC =--" f V - 7 19% SheAurne County PUBLIC HEALTH DEPT. May 2, 1996 To: Community Partners `From: Lori Klapperich, Sherburne County Public Health Re: Town Meeting, May 22 As partners in presenting the town meeting dedicated to the concept of asset development, we are asking you to use your communication channels to inform employees, organization members, neighbors, friends and family. Enclosed you will find 10 fliers for the event. Please feel free to make copies if you need more. Also enclosed, you will find some information on the asset approach to enable you to better describe what this approach is about and why it involves everyone. Thank you! If you have any questions, please call me at 241-2750. I look forward to seeing you on the 22nd. 13880 Highway 10 Elk River, Minnesota 55330-4601 'A f1 n I -( n-.rn � 4 qnn ^?? C7111')7 BUILDING HEALTHY COMMUNITIES Report and Recommendations THE COMMUNITY YOUTH TASK FORCE April 1996 BUILDING HEALTHY COMMUNITIES Summary The Community Youth Task Force is comprised of leaders from all community sectors dedicated to the goal of creating a healthy community for youth development. The Task Force's service area includes all communities within the School District 728 boundaries. For the past three years, the Youth Task Force has collected information from organizations, groups, and individuals (both youth and adult) regarding the status of the community for healthy youth development. The foundation for our research has been the nationwide work of the Search Institute of Minneapolis, whose focus is on building assets in youth that contribute to success. We have concentrated on the sixteen external assets: factors that exist in a young person's environment which contribute to his or her positive development. These assets are: Family Support; Parent(s) as Social Resource; Parent Communication; Other Adult Resources; Other Adult Communication; Parent Involvement in Schooling; Positive School Climate; Parental Standards; Parental Discipline; Parental Monitoring; Time at Home; Positive Peer Influence; Involved in Music; Involved in School Extra -curricular Activities; Involved in Community Organizations or Activities; and Involved in Faith Community. While our communities exhibit many strengths in terms of people, programs and resources that contribute to building assets, the Community Youth Task Force has identified five key areas of concern that currently inhibit our progress. We strongly recommend that all sectors of our communities work together to overcome obstacles to positive youth development. ADULT MENTORS FOSTERING POSITIVE RELATIONSHIPS BETWEEN TRANSPORTATION MAKING OPPORTUNITIES ACCESSIBLE TO YOUTH IN ALL PARTS OF THE COMMUNITY NON -SPORT ACTIVITIES ENHANCING RECREATIONAUEDUCATIONAL OPTIONS FOR YOUTH IN ADDITION TO OUR SUCCESSFUL SPORTS PROGRAMS YOUTH AND CARING ADULTS SPACE CREATING SAFE PLACES FOR YOUTH TO GATHER FOR FUN AND LEARNING PARTNERSHIPS SETTING ASIDE PARTISANSHIP FOR THE SAKE OF "PUTTING KIDS FIRST" Percentages of youth in our area who report having each asset in their lives, and ideas for action are presented in the detailed report which follows. Key recommendations are noted by a As we discuss building assets, it is important to keep these three principles in mind: Everyone has a role to play in building assets. Not just parents, schools, community organizations, congregations or governments, though they all certainly play important roles. Everyone can get involved in asset -building. Senior citizens and children, single adults and couples, policy makers and citizens, neigh- bors and employers, wealthy families and low income -families, liberals and conservatives—kids need us all. And, we all can share a common, hopeful commitment to kids and the future.' Asset -building is more about people than programs. Relationships are the key. Quality relationships can form with or without a program --a neighbor playing basketball with the kids, a grandmother keeping an eye on the bus stop to make sure that children are safe on their way to school. Programs may be vehicles for connecting youth to adults, but the critical issue is the care and support that grow through relationships. Money may help sometimes, but the commitment and involvement of caring people make the most difference.' All kids need asset -building. Often youth programming focuses on just the "best" kids or the "worst" kids— the high achievers or the young people at risk. True, these groups may need special attention in some areas. But asset -building can help all kids.' 'From What Kids Need to Succeed. Proven, Practical Ways to Raise Good Kids Peter L. Benson, Ph.D., Judy Galbraith, M.A., Pamela Espeland Free Spirit Publishing, Inc., Minneapolis, 1995. ASSET 3: Parent Communication Kids have frequent, in-depth conversations with their parents on a variety of topics. Parents take the time to talk seriously with their children. 43% have this asset in their lives (This type of communication is adult -initiated, and many parents do not know how to be leaders in this area. The content of the conversations is less important than the process of talking seriously together.) Ideas for building this asset: - AT HOME Parents can regularly initiate conversations with their kids using questions, not challenges. They can be sure to respect kids' opinions, never labeling their statements as stupid, silly, childish or wrong. Parents can spend individual time alone with each of their children. Take a day to shop or drive in the country. Open the opportunity to talk about anything that may come up. - AT SCHOOL Teachers can help children learn how to express their feelings in conversations and discussions. Schools can offer opportunities for kids to learn to discuss a variety of topics with others. - IN THE COMMUNITY Churches and community organizations can sponsor discussion groups for parents and teens. An educational component can be provided to help families learn to express opinions and feelings in a non -judgmental and non -threatening way. ASSET 4: Other Adult Resources Kids have other adults besides their parents they can turn to for advice and support. 49% have this asset in their lives (This type of communication is generally youth -initiated, and many adults do not know how to be available and/or how to respond.) Ideas for building this asset: - AT HOME Parents can give their kids opportunities to spend time with positive adults. These adults might be extended family members, coaches, neighbors, youth ministers, etc. - AT SCHOOL School officials can require that all adults who interact with kids create asset -building plans (ways in Iwhich they will work to build assets in the youth with whom they work). \IIS School officials can require that all coaches employed by the district qualify for certification through a program which focuses on positive youth development. - IN THE COMMUNITY Since our mobile society has created distance among extended family members, teachers, counselors, coaches, pastors, youth ministers, and adult friends and neighbors can be informed and/or trained and motivated to provide this support. All coaches, professional or volunteer, who interact with kids can be required to qualify for certification through a program which focuses on positive youth development. *ASSET 5: Other Adult Communication with adults who are not their parents. 28% have this asset in their lives Kids have frequent, in-depth conversations (This type of communication is adult -initiated. Adults need training, time and interest to do it well. Kids must be treated as equals in the discussion. They must be trusted, valued and listened to. Adults must not be judgmental, dismissive or condescending.) Ideas for building this asset: - AT HOME Parents can include their kids in conversations they have with other adults when it is appropriate. Teachers and administrators can recognize that parents and youth worry about recriminations if they lodge a complaint. Educators can adopt the attitude that people can get "better service" as a result of a reasonable complaint. • IN THE COMMUNITY Service organizations and churches can provide child care and transportation to families who would not be able to attend school events without such support. All members of the community can recognize the importance of learning in a child's life and support a positive learning climate. 'ASSET 7: Positive School Climate School provides a caring, encouraging and safe environment for kids. 46% have this asset in their lives Ideas for building this asset: • AT HOME Parents can encourage their kids to bring any school concerns to them (physical threats, verbal abuse, play- ground bullies, sexual harassment, etc), and parents can report concerns immediately to school officials. Parents can volunteer to help in school. The more time spent there, the more parents will know about the environment. • AT SCHOOL School personnel can create an atmosphere where everyone feels valued and important. Schools can use student committees to create and implement policies as much as possible. Adults who work within the school system can set and live up to the standards they would like youth to emulate. They can demonstrate high standards by treating their coworkers and students with respect. When discussing controversial issues in the classroom, teachers can create as much balance as possible, being careful not to strongly advocate for a particular position. Programs which help develop skills in decision making and non-violent ways to deal with conflict can be supported through stable and continuing funding. (Such programs include DARE and Peer Mediation.) • IN THE COMMUNITY Business groups and individuals can work to increase school/business interactions and cooperation such as career fairs, business tours, volunteer tutors. The Business/Education Partnership Committee can be supported and expanded. Service clubs can be directly involved in schools as event sponsors and positive role models. *ASSET 8: Parental Standards Parents have standards for appropriate conduct. They clearly express their standards to their kids. 76% have this asset in their lives Ideas for building this asset: • AT HOME Parents can set clear standards for behavior and to realize that young people do hear what parents say. Parents can be consistent in setting stand a rds—consistent over time and across situations. Parents can talk with their children about standards and explain the reasons for them. Parents can set and live up to the standards that they would like their kids to emulate. They can demonstrate high standards by treating all family members with respect. (Home should be a safe and nurturing place for kids, a refuge free of violence and abuse where kids learn how to give and receive love.) • AT SCHOOL Recognize what is in place and working: the Quality School effort at Lincoln Elementary. The Glasser model which uses non -coercive discipline and helps students learn the reasons for behavior and why they and others choose to behave as they do. This management style relies on open and ongoing communication between adults and young people. Standards are set and agreed upon by all the players in a spirit of cooperative authority. Schools can examine ways in which they are directly or indirectly communicating standards to youth. 5 When children are at home, parents can be careful to avoid unrealistic expectations of them. For example, some kids are expected to get themselves out of bed and off to school alone, take care of themselves (and younger siblings) after school alone before they are old enough to assume these responsibilities. • AT SCHOOL Schools can take care to respect the needs of students for balance in their lives between time at home and time spent in school activities. • IN THE COMMUNITY Community organizations and government agencies can take note that some families are isolated, and time at home for youth in these families is not always positive. Isolated families are not involved in or participating in their community, and may be caught up in abuse or violence. There is a need for a healthy balance of time at home and involvement in the greater community. Human service agencies can offer assistance to youth from isolated families, perhaps providing them with an adult mentor. *ASSET 12: Positive Peer Influence Children's best friends model responsible behavior. They are a good influence. 64% of youth have this asset in their lives Ideas for building this asset: • AT HOME Parents and older siblings of youth can encourage positive friendships. Kids' friends can be made welcome in the home and included in some family activities. • AT SCHOOL School officials can encourage and promote positive student initiatives such as Peer Helpers, SADD, TARGET MN, etc. • IN THE COMMUNITY Media, service groups, youth organizations, and church groups, etc. can focus attention on and promote the positive things kids are doing, such as academic achievement, citizenship activities, sports and employment accomplishments, and volunteer contributions. The judicial system can continue and expand such creative sentencing as requiring a public apology from adults who are convicted of supplying alcohol and/or drugs to kids. Local business organizations and other community leaders can join together in a coalition which would spearhead an initiative to define youth success in a more comprehensive way than is done currently. This coalition could lend financial support to an ongoing campaign in the local press to recognize local youth who achieve success according to the comprehensive definition. Such a public campaign would celebrate positive youth development thereby enlarging the field of role models and peer influences on youth and children. Local churches, businesses, service organizations and civic groups can support positive activities for youth and families which have a track record of success, such as the New Years Eve Party, the Fifth Quarter parties, the Halloween party, Proud to be a Parent, etc. *ASSET 13: Involved in Music Kids are involved in band, orchestra or choir, or they take music lessons. They practice one or more hours a week. 25% of youth have this asset Ideas for building this asset: • AT HOME Parents can share their music experiences with their kids; they may even begin to play an instrument again. Parents can encourage their children to play musical instruments, and provide opportunities for them to do so. Families can expose their children to a variety of music early and consistently. • AT SCHOOL The school district can expand options in all grades, K-12, for students to participate in a greater variety of music opportunities. Schools can help encourage music participation by educating parents on the importance of music in healthy youth development. 7 • IN THE COMMUNITY Local service organizations can sponsor "junior' organizations through which kids could experience service to their communities as well as mentorship from the parent organizations. Local governments and citizens can support recreation programs with tax dollars and volunteer time. Community members can support the local Random Acts of Kindness movement. Community leaders and citizens can support the development of youth -serving community initiatives such as Girls and Boys Clubs. Church youth groups can support service projects such as Habitat for Humanity, The Crop Walk, Caring and Sharing Hands, etc *ASSET 16• Involved in a Faith Community Kids regularly attend religious programs or services—at least once a month. 39% of youth have this asset in their lives Ideas for building this asset: • AT HOME Parents can make their faith a part of their daily life at home in ways which are appropriate for their family. Parents can actively participate in worship experiences. They should not drop the kids off at church services or classes and pick them up later. --AT SCHOOL The school district can continue to respect traditional religious holidays and worship calendars. • IN THE COMMUNITY Churches can look for models to the churches which have high youth involvement in order to encourage youth participation. The ministerial association can make a commitment to working toward increased youth involvement in all congregations. Joining together can increase the likelihood of success as well as giving the community an example of collaboration among diverse faith communities. �5 �y CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION DEPARTMENT MEETING DATE 6. Consent Agenda May 13, 1996 ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 6.1 Deferred Assessment Judy Hudson DC BACKGROUND In 1982 a Street Improvement Project (Otsego Acres) was done with each benefiting property assessed for $1,725.76. The Annual Interest Rate was 11.1 %, a Ten (10) Year Term, an Interest Start Date of 9-30-82 with first payment in 1983. The owners of Property PID# 118-026-004050, L5 L4 Otsego Acres 1st Addition, 14124 88th Street NE, at that time were Robert & Esther Eastman. They elected in 1982 to defer payment under State Statute 435 193 Senior Citizens ieriol Assessment nef rrr, l In 1984 ownership of this property was changed to Esther Eastman and also a Contract for Deed started in this year to a Jerald L and Karen L. Loss Sr. In 1994 ownership was changed to Mr. and Mrs. Jerald Loss, Sr. The Wright County Assessor's Office notified the City recently that the assessment has not been paid and the ownership was changed. In researching our records, I found that there was never an special assessment search requested at the time of the Contract for Deed or Change of Ownership. According to State Statute 435 195 Termination of Right to Deferred Payment shall terminate and all amounts accumulated plus applicable interest, shall become due upon the occurrence of any of the following events: 1. The death of the owner, provided that the spouse is otherwise not eligible for the benefits hereunder. 2. The sale, transfer or subdivision of the property or any part thereof; 3. If the property should for any reason lose its homestead status; or 4. If for any reason the taxing authority deferring the payments shall determine that there would be no hardship to require immediate or partial payment. STAFF RECOMMENDATION There are several payment options the City Council could consider, they are listed as follows: 1. Pay the unpaid balance of $1,725.76 plus accumulated interest at the rate of 11.1% from 1982 to 1996 for a total of $8,369.39. 2. Pay the unpaid balance of $1,725.76 plus straight interest at the rate of 11.1 % from 1982 to 1996 of $2,681.83 for a total of $4,407.59 3. Pay the unpaid balance of $1,725.76 plus the amount of interest the other benefiting properties paid of $1,101.67 for a total of $2,827.43 plus additional accumulated interest from the end of the ten year period to 1996 at the rate of 8% for a total of $3,561.74. 4. Pay the unpaid balance of $1,725.76 plus same amount of interest the other benefiting properties paid of $1,101.67 for a total of $2,827.43. I have discussed this issue with the Business/Finance Director, the City Clerk and the City Attorney. They also agreed that there are a variety of options the City Council could consider. Option 3 is recommended. The reason being that this is fair and equitable. If the Council agrees I will write a letter to Mr. and Mrs. Loss regarding this, giving them 90 days to pay. If Mr. and Mrs. Loss desires a payment plan, the staff has a few options. X CITY OF OTSEGO KEQUEST r -UK COUNCIL ACI ION AGENDA SECTION: DEPARTMENT: MEETING DATE ?. BOB KIRMIS, ASST. CITY PLANNER May 13, 1996 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 7.1. Consider Final Plat fuer Haritanp Plains Elaine Beatty, City Clerk/Zoning Adm. Background: Heritage Plains was approved for preliminary plat on March 11, 1996 by the City Council. They are now asking for consideration of final plat. Attached is a copy of the Planning Report from Bob Kirmis and David Licht dated May 7, 1996. STAFF RECOMMENDATION: Staff recommends approval of the Hetitage Plains Final Plat subject to the 10 conditions in the report.dated May 7, 1996, attached. Thanks, Elaine FA C Northwest Associated Consultants, Inc. C O M M U N I T Y PLANNING • DESIGN MARKET R E S E A R C H PLANNING REPORT TO: Otsego Mayor and City Council FROM: Bob Kirmis/David Licht DATE: 7 May 1996 RE: Otsego - Heritage Plains Final Plat FILE NO: 176.02 - 96.04 EXECUTIVE SUMMARY BACKGROUND Mr. Richard Kincannon has requested final plat approval of the "Heritage Plains" subdivision located south of County Road 39 and west of Ochoa Avenue. At its 11 th March 1996 meeting, the City Council approved the preliminary plat and a planned unit development conditional use permit to accommodate various subdivision design flexibilities (i.e., lot widths and cul-de-sac length) within the subdivision. The subject property is zoned R-3, Residential, Immediate Urban service. Attached for reference: Exhibit A - Site Location Exhibit B - Approved Preliminary Plat Exhibit C - Final Plat Exhibit D - Final Grading and Drainage Plan RECOMMENDATION Based on the following review, our office recommends approval of the Heritage Plains final plat subject to the following conditions: 5775 Wayzata Blvd. • Suite 555 - St. Louis Park, MN 55416 • (612) 595 -9636 -Fax. 595-9837 1. The service road which abuts the subject property to the north is surfaced with bituminous material. This issue should be subject to further comment by the City Engineer and Wright County Highway Department. 2. Driveways upon Lots 1 and 16 are located proximate to the lots' southern boundaries. 3. The subdivision's street (O'Brian Avenue) is constructed as an urban section. This issue should be subject to further comment by the City Engineer. 4. The City Engineer provide comment/recommendation in regard to drainage and utility easement establishment. 5. The submitted grading and drainage plan is subject to review and approval by the City Engineer. 6. All park and trail dedication requirements as recommended by the Park and Recreation Committee and approved by the City Council are satisfactorily met. 7. All front yards of lots be sodded. Side yards which abut public streets are to be treated as "front yards" and shall also be sodded. 8. The City Engineer provide comment and recommendation in regard to street lighting. 9. The applicant enter into a development agreement with the City and post all necessary securities required by it. 10. Comments of other City staff. ISSUES ANALYSIS Consistency with Approved Preliminary Plat. The lot, block and street design illustrated on the final plat is consistent with the preliminary plat which was approved by the City Council on 11 March 1996 (see Exhibits B and C). Planned Unit Development. As part of the preliminary plat processing, a planned unit development conditional use permit was approved (conditionally) to accommodate the following: 1. Lot widths less than the 150 foot requirement imposed in the base R-3 zoning district. 0� 2. A cul-de-sac which exceeds the maximum 500 foot length requirement. The submitted final plat reflects the lot width and cul-de-sac length flexibilities. Lots. With a minor exception, all sixteen lots illustrated upon the final plat are identical in configuration to those illustrated upon the approved preliminary plat. Due to a slight shift in the O'Brian Avenue/County Road 39 service road intersection, the configurations of Lots 1 and 16 have been modified slightly. Such lot configurations are, however, considered acceptable and result in improved street visibility to the County Road 30 service road.. Streets. As a condition of preliminary plat approval, O'Brian Avenue has been reconfigured to intersect the County Road 39 service road at a right angle. Such street will be required to be constructed as an "urban" section. Additionally, paving of the service road which serves the subject property will be required. Driveways. As a condition of final plat approval, the driveways upon Lots 1 and 16 should be located proximate to the lots southern boundaries. Grading and Drainage. As required by ordinance, a final grading and drainage plan has been submitted for review (see Exhibit D). Such plan will be subject to review and approval by the City Engineer. Landscaping. To further justify the use of PUD all front yards in the subject plat will be required to be sodded. Easements. As required by the Subdivision Ordinance, 10 foot drainage and utility easements have been established along all lot lines. An expanded drainage easement has also been provided in the rear portions of Lots 10, 11 and 12. All easement related issues should be subject to comment and recommendation by the City Engineer. Park and Trail Dedication. Specific park and trail dedication requirements as recommended by the Park and Recreation Advisory Committee and approved by the City Council will, as a condition of final plat approval, need to be satisfied.. Development Agreement. As a condition of final plat approval, the applicant will be required to enter into a development agreement with the City and post all the necessary securities required by it. 3 CONCLUSION Review of the Heritage Plains final plat finds that the plat drawing is basically identical to the previously approved preliminary plat. Based on the preceding review, our office. recommends approval of the final plat subject to the conditions listed in the Executive Summary of this report. pc: Elaine Beatty Larry Koshak Andy MacArthur Richard Kincannon Todd McLouth 0 EXHIBIT A - SITE LOCATIOt v 190.7 t RO � I tlaA.e♦ s . h7.5mb ( am$ �� �` ._ �: • �`� t l� : . . � • �/ ` _ 1 ``1118 Wi (. 1:: All N0' .V.. . .... .. . 1 x99.2 � � ^•�'_yr �� ' �t 17 Ac-�li j 89 96 \ _ a" I t.n Act' 7 . II t.. a96.e 16 e At 3 I , `I I 15 10 At: 1.0 AL. a9f17 1 l'• le}•- -89A— 090.9 4 14 191-97 6 ro- . a 11 .. 097.4 5 7.2 •:! i �: ' • e9i.2 13 J10 At: 111110 rJ lag .3 S .1 1 1.0 A ACL- - ; `�1 _ i ; 1- • e96. I r 897.8; c S' L - � _ .. _.111 .__ 1_ ..I 96.•1t. f - _.�_ .._--. \ - . i+ __`_� . Z(■ 897.0 I 7I u AC a97.8 x 1.0 AC 901.2 -� Yq: .. -7 H. ♦: 097.0 899.) ` L�-� �i��� �'�(� �/'� • 897.3 10 LJ Al; - f' 900.{ /d /,, 897.3\` � , � •'� l�> 097.3 11 Ar ts __ AY N�'061G'E T2Q51 b7 -ti e ryY \ I %`-'f•C HIFHJIN=(X-VdILD fNftlH l A- JAINI ltl(..w I/♦ . 897.3 , _.. / 4 EXHIBIT B - APPROVED PRELIMINARY PLA, HERITAGE PLAINS GRAPHIC SCALE 10o 0 50 100 200 W. le. z w �: 1716 �1 M. W. Cunw of S A M►iptit Covnly Yonu/mwlL- SCALE IN FEE[ ) \d a l -4iy1 o. 'K t s� Ner/s\ ��K � J� I f ''t 7,_ _ 1 aQ •-Jo *07 do --4aff r " a 39 I v r' �\ 3o ao '4Q\ 4 1 \ I z I \1 18 \ 1 <; tot Lot 10 ^�' L — — ASLO ir,44v 1lil �••` 4 f4 `- L__ ,vesPVv w-- ln.v----J L---"e!'15'+e,r I a •:; tot 2 Lot n ., t h 'r o ' ` I U �cq 13 c� I I a - ---- �,� -_Ycw- _ J I 12 tot J �, � i I J I I �- — — Metr�ero r -•— RLA — — — Ir--------------- :I IN 1 b � ` 7�j30 n `!mow 1f I l a 97 r 70 l_� N47'ie;l7 17° ----------- tot � I �j� d..e7'H l'10 1 ' tot u�,'' 9 i . SS—th Line Of H I/2 SW 1/4. SO'— 76. - - - - \ - - �,_rgtJr_ �[_�2�_-------=p"-Q'7------�� —_ 167.67 — \-------- J `_ N89'22'l9'E 329• -NA91a6'19'£ 22Q 88- N89'06 19 E ` a -A r RI VER ACRES 3RD ADO' _- Ic 1 uPa. ronrnra.on I ;J?o LA, Ca, snl ee.nro.d n Doc 1254817.--' tl Lo! I r5 F•' EXHIBIT C - FINAL PL, p I ......... . IN 17 FO-swo do M.5 ---------- "Gram ------------ ........... yy---------- ----- I Id IL - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------- - - - - - - - ----------- Lie --- - ----- - ----- ----- - --- ------- -- -------- ---- 7�7. C5 C.7 Ar Hakanson Anderson Assoc., Inc. May 9, 1996 Elaine Beatty City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Heritage Plains - Final Plat Dear Elaine: 3601 Thurston Avenue Anoka, Minnesota 55303 612/427-5860 F612/427-3401 i o 1996 Hakanson Anderson Associates, Inc. has reviewed the above referenced plat and has the following comments and concerns: • The grading and drainage portion of the plan appears adequate to serve the plat and tributary areas north of the plat. It was agreed that a rear lot swale would be constructed along the perimeter of the plat to restrict storm water from running off the plat. The grading plan does not show that swale. • The frontage road design appears adequate to meet the needs of the area. • All work performed in the County Right of Way is subject to the comments and requirements of the Wright County Highway Department. This includes all removal, regrading and roadway construction work. A copy of the County permit should be sent us. • The 18" RCP storm sewer line located between lots 11 and 12 could be shortened by approximately 160 lineal feet. The discharge should occur past the building pads, however, it does not have to be constructed the entire length to the pond. Shortening of the pipe is at the Developer's discretion. The pipe, as shown, will serve the development adequately. • The pipe under the service road must be R.C.P. with apron end wall. • Street signs should be shown on the plan and detailed in the specifications. We recommend placing the following signs: 1) A dead end sign near the entrance of the cul-de-sac. Engineers Landscape Architects Surveyors Elaine Beatty May 9, 1996 Page 2 2) A stop sign at the intersection of the cul-de-sac and the frontage road. 3) A street naming sign at the intersection of the cul-de-sac and the frontage road. 4) A speed zone sign for 30 MPH is also required. • The street light standard location should be shown on the plan. The minimum street lighting plan should have a light in the cul-de-sac, and at the intersection with the service road. However, the utility company should review the spacing between light. The following changes should be made to the specifications to bring them accordance with the City's Standard Specifications: 1) Seeding should be applied at a rate of 50 lbs/acre. 2) Fertilizer should be applied at a rate of 500 lbs/acre. 3) Mulch should be applied at a rate of 2 tons/acre. 4) The City's Standard Specification For Street Construction for Developers (March. 1995) shall be referenced in the specifications. We have required a 20' drainage and utility easement on plats that border unplated and plat land that do not have easement on the adjacent side. If Great Acres does not have at least a 10 feet drainage & utility easement then this plat needs to provide a 20' easement. The easement on the east border is adequate as shown. A pre -construction meeting is required. The developer is responsible for requesting the pre -construction meeting. The developer agreement must be signed and all payments to the City satisfied before the preconstruction meeting can be held. The Developer is fully responsible for erosion and sediment control which includes wind and stormwater erosion. 1111 Hakanson Anderson Assoc., Inc. FN C Northwest Associated Consultants, Inc. C O M M U N I T Y PLANNING 0 DESIGN MARKET R E S E A R C H ow IE 7 May 1996 Mr. Chris Bulow Bulow Inc. P.O. Box 506 Elk River, MN 55330 RE: Otsego - Sorens�n Ridge - Development Agreement FILE NO: 176.02 - 96.03 Dear Mr. Bulow: Attached please find a draft development agreement applicable to the Sorens� Ridge Subdivision. Please review the draft agreement and advise our office of any suggested modifications. Sincerely, NORTHWEST ASSOCIATED CONSULTANTS, INC. DOCUMENT HAS BEEN COP1E0 & DISTRIBUTED V Robert Kirmis, AICP Senior Designer PC: Elaine Beatty Larry Koshak Andy MacArthur MAYOR =.. FC COUNCIL .= MW .! CLERK =. man PLANNER = MW ATTORNEY .= OM DATE j2' A; <.�! 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 - (612) 595 -9636 -Fax. 595-9837 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 7. BOB KIRMIS, ASST. CITY PLANNER May 13, 1996 - 6:30PM ITEM NUMBER. ITEM DESCRIPTION: PREPARED BY: 7.2. Consider Final Plat for Sorensen Ridae Elaine Beatty, City Clerk/Zoning Adm. Background: Sorensen Ridge was approved for Preliminary Plat at the City Council Meeting of April 8, 1996. They are now asking for consideration of final plat. Attached is a copy of the Sorensen Ridge Planned Unit Development Zoning and Subdivision Agreement Draft. STAFF RECOMMENDATION: Staff recommends approval of the Sorensen Ridge Final Plat, Subject to the conditions in the Planned Unit Development Zoning and Subdivision Agreement Draft being met. Thanks,��� e Elaine FA C Northwest Associated Consultants, Inc. C O M M U N I T Y PLANNING • DESIGN e MARKET R E S E A R C H PLANNING REPORT TO: FROM: DATE: RE: FILE NO: EXECUTIVE SUMMARY Background Otsego Mayor and City Council Bob Kirmis 8 May 1996 Otsego - Sorenson Ridge Final Plat 176.02 - 96.03 Chris and Linda Bulow have requested final plat approval of the Sorenson Ridge (formerly Bulow Estates 2nd) subdivision located south of County Rod 39 and east of Nashua Avenue. The proposed 29 lot single family subdivision comprises 36 acres of land and overlays a portion of the City's Original Townsite Plat. At previous meetings, the City Council approved a rezoning of the property from A-1, Agricultural Rural Service to PUD, Planned Unit Development and formally vacated the existing street rights-of-way which underlie the subject property. Such actions were necessary to accommodate the proposed development. The subject plat is identical in terms of layout to the previously approved preliminary plat. Attached for reference: Exhibit A - Site Location Exhibit B - Approved Preliminary Plat Exhibit C - Final Plat 5775 Wayzata Blvd. - Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 Recommendation Based on the following review, our office recommends approval of the Sorenson Ridge, final plat subject to the following conditions: 1. While the City finds the proposed plat to be consistent with applicable Wild and Scenic provisions, it recognizes the ability of the Department of Natural Resources (DNR) to deny the plat and shall provide no financial assistance to the applicants in their dealings in the matter. 2. The applicant demonstrate a manner in which the lots could possibly be resubdivided in the future (upon the advent of public sewer service). 3. The driveway upon Lot 17, Block 3 is located proximate to the lot's southern boundary. 4. Park and trail dedication requirements, as recommended by the Park and Recreation Committee and approved by the City Council, are satisfactorily met. 5. Those outlots which lie adjacent to the subject property and owned by the applicant shall either be: a. Incorporated into the subject plat; or b. Deeded to adjacent property owners within the Great River Acres subdivision. 6. As agreed, the applicant provide owners of adjacent outlots with quit claim deeds. 7. Grading and drainage plans meet the approval of the City Engineer. 8. The applicant enter into a development agreement and post the necessary securities required by it. 9. Comments from other City staff. ISSUES ANALYSIS Consistent with Approved Preliminary Plat. The lot, block and street design illustrated on the final plat is consistent with the preliminary plat which was approved by the City Council on 8 April 1996. 2 Zoning. At the time of preliminary plat application, the subject property was rezoned to a PUD, Planned Unit Development zoning designation. The PUD designation was applied to the property in recognition of the unique. circumstances which surround the proposed development (i.e., non -conforming lot sizes, etc.). The PUD zoning designation will accommodate the proposed residential density, without jeopardizing the intent of the Comprehensive Plan. Street Vacation. The Original Townsite Plat street rights-of-way which had previously underlaid the subject property were formally vacated at the City Council's 22 April 1996 meeting. The vacation of such streets was necessary to accommodate the development proposal. Lots. The 29 lots illustrated upon the final plat are identical in configuration to those illustrated upon the approved preliminary plat. All lots meet or exceed R-3 District lot area requirements (considered appropriate for proposed development). Streets. The street layout illustrated upon the final plat is likewise identical to the street layout illustrated on the approved preliminary plat. The proposed street names have been found to be consistent with the City's street naming plan. Wild and Scenic District. The northern + 220 feet of the subject property lies within the Wild and Scenic River District. While it was the City's previous finding (as part of preliminary plat approval) that the plat is consistent with applicable Wild and Scenic provisions. It recognizes that the DNR has the authority to deny the plat. The City will in no way provide financial support to the applicants in their dealings in this matter. Resubdivision. According to Section 21-6-2.E of the Subdivision Ordinance, where a structure is to be on large or excessively deep lots which are subject to potential replat, a logical way the lots could possibly be resubdivided in the future should be indicated. While the proposed lots provide ample width for potential resubdivision, a specific resubdivision plan should be submitted. Outlots. As part of the preliminary plat approval, the following conditions were imposed in relation to the outlots which abut the subject property on the east: 1. Those outlots which lie adjacent to the subject property and owned by the applicant shall either be: a. Incorporated into the subject plat; or b. Deeded to adjacent property owners within the Great River Acres subdivision. 3 2. As agreed, the applicant shall provide owners of adjacent outlots with quit claim deeds. As a condition of final plat approval, compliance with the preceding conditions must be - demonstrated by the applicants. Grading or Drainage. As a condition of final plat approval, the submitted grading and drainage plan must receive approval by the City Engineer. Driveways. To ensure safe and efficient movement of traffic within the subdivision, the driveway upon Lot 17, Block 3 should be located proximate to its southern boundary. Development Agreement. As a condition of final plat approval, the applicant will be required to enter into a PUD/subdivision development agreement with the City and post the necessary securities required by it. CONCLUSION Review of the Sorenson Ridge final plat finds that the final plat drawing is identical to the previously approved preliminary plat. Based on the preceding review, our office recommends approval of the Sorenson Ridge final plat subject to the conditions listed in the Executive Summary of this report. PC: Elaine Beatty Andy MacArthur Larry Koshak Chris and Linda Bulow El EXHIBIT A - SITE LOCATIOt t l.K .r 0..O.► q n t pal OM4 tY n • l �� v r SEH- -�� =;=uLj 17 I� 1 I ( t I.s" U9 74i r � 2!!;100 — It 16 I I X16 I I a 8 I 4 .ns I I �_ • 1 t. I �• — -- �— � u r� r i2 Y .sr CMJ A23 t --_- -- -, I_ -- -- _—Jt Al 3 121 I a I _Q �. y ---- ----, I x I ;' 2212 t I — 1 �'_ —--- P• � �� I �- j I � x : 1 � i � • 1 n asu ,� 1 ' I � r •� r I I I I t I 4 NORTH `\ � 1 r — u .a. (— s —a — 1' w • 1 �� = 200' ■ eft? r �m.1 / t 1 \" �• I \I! .` \ EXHIBIT B - APPROVED PRELIMINARY PLA I � 8- . j T N 07'06-W 263.00 - 1 I I rel F � ., - 1 ITE r-- 1 T 3 94TH ST HE GRAPHIC SCALE too 0 50 100 zoo ( SCALE IN FLET ) SoolY I inch - 100 1«t. Fa the purposes of tAb dot. the Sou9, w- of TOWNSTE OF OTSECO os Is 4 to Der S 66'.0'5E' E 0 De t.s /a Pp. set .it), o Plasllc pwq stamped RLS U057. e Denote. iron Doe frond. Drolnoq. and 11t1It7 Ea..ments ve sho.n vwY I I -! a I-3 II 21----��----1"--- Beinq 10 feet in .IdO, and ed),ningrlgAt- ol- ndc..a) led.dse D.n"'i"'5 feet h ddN and seq lot Inn• u.pat. oth.r�6. 4 0oe. w.n Ilan the plat. EXHIBIT C - FINAL PLAT t. -====1"➢o'i';hiT-- y I 16 ai la I l I s s I I 'I 18 I :.� I _ I I A ��\ ly yl N I ` ' - 64 II ju w._•av zau �:y4 �� PJRD STRdd7 N.d. _ _♦ iii 1 , 4 rl GO� ala I Vl i-- l •' i i I I' f:. I to 1 ✓y r 1 I I I! I I - sane ut u u/. vlcwrt_ __ S68'e0'S8'E- 979.68 �—j}-- 8 srr u+ i). o.rse. 11t . u a ll $ 4.a spurn lsrt OI ro.eart v o*a[cp. 150' UNITED POWER ASSOCIATION EASEMENT PER INST 0506963.- Y 1 GRAPHIC SCALE too 0 50 100 zoo ( SCALE IN FLET ) SoolY I inch - 100 1«t. Fa the purposes of tAb dot. the Sou9, w- of TOWNSTE OF OTSECO os Is 4 to Der S 66'.0'5E' E 0 De t.s /a Pp. set .it), o Plasllc pwq stamped RLS U057. e Denote. iron Doe frond. Drolnoq. and 11t1It7 Ea..ments ve sho.n vwY I I -! a I-3 II 21----��----1"--- Beinq 10 feet in .IdO, and ed),ningrlgAt- ol- ndc..a) led.dse D.n"'i"'5 feet h ddN and seq lot Inn• u.pat. oth.r�6. 4 0oe. w.n Ilan the plat. EXHIBIT C - FINAL PLAT DRAFT - DRAFT - DRAFT 5/7/96 SORENS6N RIDGE PLANNED UNIT DEVELOPMENT ZONING AND SUBDIVISION AGREEMENT AGREEMENT dated 1996, by and between the CITY OF OTSEGO, a Minnesota municipal corporation ("City"), and Bulow Inc., a Minnesota Corporation and Chris and Linda Bulow ("Developers"). 1. Request for Planned Unit Development Zoning and Plat Approval. the Developers Pave asked the City to approve a planned unit development zoning and plat for Sorens&n Ridge (referred to in this Agreement as the "plat"), the subject land being legally described as: SEE ATTACHED EXHIBIT A 2. Conditions of Approval. The City hereby approves the planned unit development zoning and plat on condition that the Developers enter into this Agreement, furnish the security required by it, and record the plat with the Wright County Recorder or Registrar of Titles within one hundred (100) days after the City Council approves the final plat. Any restrictive covenants for the subject subdivision shall be submitted to the City Attorney for approval and shall be recorded prior to plat approval and shall be attached to this Agreement as Exhibit B. 3. Right to Proceed. Within the plat or land to be platted, the Developers may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: a) this Agreement has been fully executed by both parties and filed with the Zoning Administrator, and all conditions contained in the Agreement have been met; b) the necessary security has been received by the City; c) the plat has been recorded with the Wright County Recorder's Office; and d) the Zoning Administrator has issued a letter that all conditions have been satisfied and that the Developers may proceed. 4. Changes in Official Controls. For two (2) years from the date of this Agreement, no amendments to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developers. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Agreement. 5. Development Plans. The plat shall be developed in accordance with the plans attached to this Agreement and the conditions included herein. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: - Plan A Final plat for Sorensgh Ridge, prepared by John Oliver Associates, dated 1996. Plan B Grading and drainage/erosion control plan, prepared by John Oliver and Associates, dated 1996. Plan C Conceptual Resubdivision Plan, prepared by dated 1996. 6. Improvements. The Developers shall install and pay for the following: A. Streets. B. Street lights. C. Site grading. D. Underground utilities. E. Setting of lot and block monuments. F. Construction surveying and staking. G. Traffic control signs. Improvements shall be installed in accordance with City standards, ordinances, and the plans furnished to the City and approved by the City Engineer. The Developers shall obtain all necessary permits before proceeding with construction. The Developers shall provide adequate field inspection personnel to assure acceptable quality control which will allow certification of the construction work. The City may, at its discretion and the Developers' expense, have one or more City inspectors and a soil engineer inspect the work. Within thirty (30) days after the completion of the improvements and before any security is released, the Developers shall apply the City with a complete set of reproducible "as built" plans and two complete sets of blue line "as built" plans prepared in accordance with City standards. Before the security for the completion of utilities is released, iron monuments must be installed in accordance with Minnesota Statutes 505.02. The Developers' surveyor shall submit a written notice to the City certifying that the monuments are installed. 2 7. Future Development/Change in Use. Further development of the subject property or change in use beyond that established as part of current approvals and addressed by this Agreement shall require detailed development plan review, City Council approval, and agreement amendment prior to site development and/or construction and/or - use change. 8. Time of Performance. The Developers shall install all listed improvements by 31 December 1996. The Developers may request an extension of time from the City. The City may impose conditions on the extension necessary to ensure performance. 9. Right of Entry. The Developers hereby grant to the City, its agents, employees, officers and contractors a right of entry to enter the plat to perform any and all work and inspections necessary or deemed appropriate by the City during the installation of improvements by Developers or the City, or to make any necessary corrective actions necessary by the City. Said right of entry continues until the City finally accepts the improvements and any warranty period on said improvements has terminated. 10. Erosion Control. After the site is rough graded, but before any utility construction is commenced or further building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developers and inspected and approved by the City. If the City Engineer determines that it would be unreasonable to require full implementation of the erosion control plan prior to utility construction or issuance of certain building permits, he shall state in writing what construction can take place and what particular building permits can be issued prior to full implementation. The City may impose additional erosion control requirements if, in the opinion of the City Engineer, they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. If the Developers do not comply with the erosion control plan and schedule or any supplementary instructions, the City may, without notice, take action as it deems appropriate. 11. Grading Plan. Plat grading shall be in accordance with the grading plan. Ponds, swales, and ditches shall be constructed on public easements or land owned by the City. Within thirty (30) days after completion of grading and before any security release, the Developer shall provide the City with an "as built" grading plan including certification by a registered land surveyor or engineer that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. "As built" plans shall include field verified elevations of the following: A. Cross sections of ponds. B. Location and elevation of swales and ditches. C. Lot corners and house pads. Q Occupancy permits shall not be issued until the grading and drainage plan is certified as set out above. 12. Clean Up. The Developers shall promptly clean any and all dirt and debris. from streets resulting from construction work by the Developers, their agents or assigns. 13. Ownership of Improvements. Upon completion of the work and construction required by this Agreement, improvements lying within public easements shall become City property without further notice or action. 14. Streets. The Developers agree to maintain the streets in the plat until the bituminous surfacing has been accepted by the City. Should the City be required to grade the street prior to paving, the cost of such grading shall be paid by the Developers and drawn from the Developers' letter of credit. Should snow plowing be necessary prior to street paving, the Developers shall be responsible for such plowing. If, upon Developers' request, the City agrees to plow the streets prior to acceptance, such work will be done upon agreement that the Developers will hold harmless and indemnify the City from any and all liability claims related to such work and pay all costs associated with that work. Any plowing undertaken by the City will constitute no acceptance or evidence of acceptance of the street(s) in question. Upon final completion of streets and acceptance by the City, the Developers shall guarantee to the City for a period of one (1) year that streets have been constructed to City standards. The warranty period shall not commence until such time as street construction is completed and the street is accepted by the City. 15. Sewage Treatment. No building permit for any lot in the plat will be issued by the City unless the City Building Inspector has reviewed and approved the design for each lot's individual on-site sewage disposal system and all the terms and conditions required by said City Inspector are met by the owner of that lot. Provision shall be made in front of all houses for future hookup to a municipal sanitary sewage collection system. Once available, hookup to a municipal sanitary sewage collection system shall be required of all lots within the subject subdivision. All lot owners shall waive the right to appeal all assessment charges made in conjunction with municipal sewage system hookup. 16. City Engineering Administration and Construction Observation. Prior to the commencement of any work within the plat, the Developers shall initiate a pre - construction meeting with the City Engineer and any other necessary City staff to review the construction process and address any outstanding engineering issues. The Developers shall be accompanied by their contractor and engineer at the meeting to discuss various details of work for which such parties may be responsible. The Developers shall pay a fee for consulting engineering administration. City engineering administration will include monitoring of construction, observation, consultation with the Gi Developers and their engineer on status or problems regarding the project, monitoring during the warranty period and processing of requests for reduction in security. Fees for this service shall be three (3) percent of the estimated construction costs, assuming normal construction and project scheduling. The Developers shall pay for construction- observation performed by the City's consulting engineer. Construction observation shall include part or full time inspection of proposed street construction and will be billed on hourly rates estimated to be five (5) percent of the estimated construction cost. In the event of prolonged construction or unusual problems, the City will notify the Developers of anticipated cost overruns for administration and observation services. 17. Restrictions. The following restrictions apply to the property and all lots thereon shall be held, sold and conveyed subject to the following conditions and restrictions which are for the purpose of protecting the value and desirability of the plat and insuring that all conditions imposed by the City in this Agreement are properly recorded against the property. Said conditions shall run with the real property and be binding on all parties having any right, title or interest in the plat or any part thereof, their heirs, successors and assigns: A. The driveway upon Lot 17, Block 3 shall be located proximate to the lot's southern boundary. B. Those outlots which lie adjacent to the subject property and owned by the Developers shall either be: 1. Incorporated into the subject plat; or 2. Deeded to adjacent property owners within the Great River Acres subdivision. C. The Developers shall provide owners of adjacent outlots (within Great River Acres 2nd Addition) with quit claim deeds. The above conditions shall not be released until the Developers provide the City with proof that proper deed restrictions have been recorded to enforce those conditions, and until Developers provide the City with copies of all properly recorded documents providing proof that the conditions have been fully complied with. The Developers shall inform all buyers in writing of the specific conditions listed above which are applicable to the lot which they are purchasing. 18. Security. To ensure compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of the costs of all public improvements, and construction of all public improvements, the Developers shall furnish the City with an irrevocable letter of credit ("security") for $ ; said amount calculated as follows: 5 Site grading, drainage, erosion control and turf establishment Engineering, surveying, and inspection $ Construction of street and drainage improvements $ TOTAL $ The issuer and form of the letter of credit shall be subject to City approval. The letter of credit shall be for a term ending 31 December 1996. The City may draw down the letter of credit, without notice, for any violation of the terms of this Agreement or upon receiving notice that the letter of credit will be allowed to lapse prior to the end of the required terms. It shall be the responsibility of the Developers to inform the City at least thirty (30) days prior to expiration of the letter of credit of the impending expiration and the status of the Developers' project relative to the terms of the letter of credit. If, for whatever reason, a letter of credit lapses prior to complete compliance with this provision, the Developers shall immediately provide the City with a letter of credit of the same amount upon notification of expiration. If the required improvements are not completed at least thirty (30) days prior to the expiration of a letter of credit, the City may also draw down the letter of credit. If the letter of credit is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval, the security may be reduced from time to time by ninety (90) percent of the financial obligations that have been satisfied. Ten (10) percent of the security shall be retained until all improvements have been completed, all financial obligations to the City satisfied, and the required "as built" plans have been received by the City. 19. Escrow. The Developers shall pay to the City, in cash or by certified check, for deposit in an escrow fund, amounts for estimated future administrative and legal fees as well as City engineering and construction observation. These amounts are calculated as follows: Future Administrative and Legal $ Engineering Services $ TOTAL ;1. This escrow amount must be submitted to the City prior to approval of remaining building permits. All administrative and legal fees related to plan review, drafting of the Developers' agreement and any other necessary items shall be paid to the City prior to any 0 building permit approval. Any amounts not utilized from this escrow fund shall be returned to the Developers, without interest, when all improvements have been completed, all financial obligations to the City satisfied, and the required "as built" plans have been received by the City. 20. Storm Water Drainage Fee. Asper adopted City policy, the Developers of the plat shall pay a fee, as established by the City Engineer, for the effect of the subdivision upon trunk drainage facilities within the City, minus any additional on site mitigation of storm water beyond the normal requirement (that the Developers maintain property facilities on-site to contain runoff, as approved by the City Engineer). The amount established for the Watershed wherein the plat is located, is $ per acre, minus mitigation credit of $ ,for a total of $ This amount is to be paid in its entirety prior to City execution of the plat unless deferment of any portion of the fee is granted by motion of the City Council. 21. Landscaping. The Developers shall plant two (2) trees on every lot in the plat not already containing two (2) trees. Trees shall be selected from among the following species, or other species of tree which meet the approval of the City Building Inspector: Maples Basswood Linden Birch Ash Gingko (male only) Honey locust Kentucky Coffee Tree Hackberry The minimum tree size shall be two (2) inches caliper, either bare root in season or balled and burlapped. The trees may not be planted in a boulevard. Any trees which can cause a public nuisance or public hazard, such as bug infestation or weak bark are specifically prohibited. The Developers shall sod or seed all yards on every lot. The Developers shall provide not less than six (6) inches of top soil in required front yards or side yards abutting public rights-of-way. Where slopes lie in excess of ten (10) percent, sodding (staked) shall be required. Weather permitting, the trees, grass seed and sod shall be planted before certificates of occupancy are issued. All grass seed shall be maintained so that turf is established within one (1) year of planting. At the time of application for a building permit on each individual lot, the Developers shall post a six hundred dollar ($600.00) cash escrow with the City to guarantee compliance with the landscaping requirements on that individual lot. If the landscaping is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping, the escrow funds, without interest and less any draw made by the City, shall be returned to the person who deposited the funds with the City. 7 22. Park and Trail Dedication. The Developers shall pay a cash contribution of $24,650.00 in satisfaction of the City's park dedication requirements. The charge was - calculated as follows: 29 new dwelling units (lots) at $850.00 per dwelling unit. The Developers shall also pay a cash contribution of $3,625.00 in satisfaction of the City's trail requirements. This charge was calculated as follows: 29 new dwelling units at $125.00 per dwelling unit. These contributions shall be paid before the City approves the final plat or said final plat approval shall be contingent upon full payment of said fees. In the event that the City determines that credit should be allowed for any contribution of land made, the above figure shall be adjusted to reflect any such credit. 23. Street Light Construction. One (1) eight thousand (8,000) lumen light or equal shall be installed at each street intersection within or abutting the subdivision. Light standards shall be approved by the City and the Developers shall pay for the operation and maintenance of the street lights for a period of one (1) year or until such time as the plat is ninety (90) percent built out, whichever occurs first. The first year of operation and maintenance shall not commence until such time as the final plat is accepted by the City and it is formally recorded. 24. Traffic Control Signs. Before the City signs the final plat, the Developers shall pay to the City $ for installation of traffic control signs. The said amount was calculated as follows: signs at $100.00 per sign. 25. Wild and Scenic District. The City acknowledges that Wild and Scenic River District provisions are applicable to the northern 220 feet of the plat and thus this portion of the plat is subject to review by the Minnesota Department of Natural Resources (DNR). It is the finding of the City that the present lot design is in compliance with the applicable local Wild and Scenic Ordinance in regard to lot size and, further, that it meets the mitigating criteria for approval of an inconsistent plat. While the City will stand behind its findings, it acknowledges the possibility that the DNR could deny all or a portion of the plat. Developers are hereby notified that the City will undertake its responsibility under the Wild and Scenic statutes to submit the approved plat to the DNR and that in the event of an adverse ruling by the DNR any and all appeals or other actions in response to that adverse DNR ruling will be the sole responsibility and at the sole expense of Developers. 26. Warranty. The Developers warrant all work required to be performed by it against poor material and faulty workmanship for a period of one (1) year after its completion and acceptance by the City. All trees, grass seed, and sod shall be maintained and warranted to be alive, of good quality and disease-free for twelve (12) months after planting. Any replacement shall be warranted for twelve (12) months from the time of planting. The Developers shall post security acceptable to the City to secure these warranties. 9 27. Claims. In the event that the City receives claims from labor, material men, or others that perform work required by this Agreement, and the sums due them have not been paid, and the laborers, material men or others are seeking payment from the City, the Developers hereby authorize the City to commence an interpleader action pursuant, to Rule 22, Minnesota Rules of Civic Procedure for the District Courts, to draw upon the letters of credit in an amount up to one hundred twenty-five (125) percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developers shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorney fees pursuant to this Agreement. In the event that the Developers desire to make a cash deposit instead of drawing down the letter of credit if a claim is made as stated above, they shall immediately notify the City of this intent at the time the claim is made and shall deliver one hundred twenty-five (125) percent of the claim to the City within ten (10) days of such notice in the form of cash or certified check. 28. Responsibility for Costs. A. Except as otherwise specified herein, the Developers shall pay all costs incurred by them or the City in conjunction with the development of the plat, including but not limited to legal, planning, engineering, and inspection expenses incurred in connection with development of said plat, the preparation of this Agreement, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developers shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat development. The Developers shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. C. The Developers shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering fees, attorney's fees, and costs and disbursements. D. The Developers shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developers may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen (18) percent per year. 01 29. Developers' Default. In the event of default by the Developers as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developers shall promptly reimburse the City for any expense incurred by the City, provided the Developers are first given notice of the work in default, not less than seven - (7) days in advance. This notice provision does not apply if the work performed by the City or its contractors is of an emergency nature, as determined at the sole discretion of the City. Should such emergency work be required, the City will make all reasonable efforts to notify Developers as soon as possible. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part pursuant to any applicable statutes or ordinances. 30. Miscellaneous. A. The Developers represent to the City that the plat complies with all City, County, metropolitan, state and federal laws and regulations, including but not limited to, Subdivision Ordinances, Zoning Ordinances, and environmental regulations except where specifically excluded by this Agreement. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developers comply. Upon the City's demand, the Developers shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Agreement. C. Breach of any of the terms of this Agreement by Developers shall be grounds for denial or revocation of building permits. D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. If building permits are issued prior to the completion and acceptance of public improvements, the Developers assume all liability for the costs resulting in any delay in completion of public improvements and damage to any public improvements caused by the City, Developers, their contractors, sub -contractors, material men, employees, agents, or third parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface, unless a specific exception is approved by the City. F. The action or inaction of the City shall not constitute a waiver or amendment of the provisions of this Agreement. To be binding, amendments or waivers 10 shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. This Agreement shall run with the land, shall be recorded against the title to the property, and shall be binding on all parties having any right, title or interests to the plat or any part thereof, their heirs, successors, and assigns. After the Developers have completed the work required of them under this Agreement, at the Developers' request, the City will execute and deliver to the Developers a release or partial release(s) of this Agreement. H. The Developers shall take out and maintain until one (1) year after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and any claims for property damage which may arise out of the Developers' work or the work of their sub -contractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall be not less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, and Developers shall file a copy of the insurance coverage with the City prior to the City issuing further building permits. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developers shall pay for all local costs related to drainage improvements required to complete the construction according to the plans and conditions that are a part of this Agreement. K. Should development of the plat proceed at a pace slower than anticipated, and for that reason, specific terms of this Agreement become onerous or unduly burdensome to the Developers, upon their application, the City will enter into negotiations regarding those specific terms and shall not unreasonably withhold consent to appropriate changes in the terms of this Agreement. 11 L. A soil report for on-site sewage disposal systems shall be provided. M. The Developers shall demonstrate compliance with the 1991 Wetland Conservation Act. 31. Notices. Required notices to the Developers shall be in writing, and shall be either hand delivered to the Developers, their employees or agents, or mailed to the Developers by registered mail at the following address: Chris and Linda Bulow, P.O. Box 506, Elk River, MN 55330. Notice to the City shall be in writing and shall be either hand delivered to the City Clerk or Deputy City Clerk, or mailed to the City by registered mail in care of the City Clerk or Deputy City Clerk at the following address: City of Otsego, City Hall, 8899 Nashua Avenue NE, Otsego, MN 55330, Attention: City Clerk or Deputy City Clerk. CITY OF OTSEGO By: Norman F. Freske, Mayor By: Elaine Beatty, City Clerk BULOW INC. By: Chris Bulow, President on behalf of Bulow Inc, and personally By: Linda Bulow, personally 12 STATE OF MINNESOTA ) ( ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 1996, by Norman F. Freske, Mayor, and by Elaine Beatty, City Clerk of the City of Otsego, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ( ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 1996, by Chris Bulow, President of Bulow Inc., a Minnesota corporation on behalf of the corporation and personally, and Linda Bulow, personally. Notary Public Drafted by: . Northwest Associated Consultants, Inc. 5775 Wayzata Boulevard, Suite 555 St. Louis Park, MN 55416 612/595-9636 Edited by: Radzwill and Couri Law Office P.O. Box 369 St. Michael, MN 55376 13 CONSENT Chris Bulow and Linda Bulow, fee owners of all or part of the subject project, the development of which is governed by the foregoing Development Agreement, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of 1996. Gary Soren2n Chris Bulow Linda Bulow STATE OF MINNESOTA ) ( ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this 1996, by and Notary Public 14 day of and �7Hakanson Anderson Assoc., Inc. May 9, 1996 Ms. Elaine Beatty City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: So, enson Ridge Dear Elaine: 3601 Thurston Avenue Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3401 COMC MAY 10 1�� We have reviewed the materials and data sent us for the above plat and have the following comments and concerns: 1) The City's Standard Specification shall be referenced throughout the project plans and specification. 2) The Project specification needs to be modified to reflect the City's Specification: - Seed mixture should be applied at a rate of 50 pounds per acre, not, 35 pounds per acre. - Fertilizer should be applied at a rate of 500 pounds per acre, not 400 pounds per acre. - Type I mulch should be applied at a rate of 2 tons per acre, the Developer's Specifications do not specify a rate. - There may be other differences, however, City's Specification will stand as the minimum allowed. 3. Drainage Issues • The drainage calculations are in general conformity to the requirements of the City. The drainage pond appears adequate to reduce off-site drainage to historic flow rates. The pond does not meet the depth requirements of the BMP's, however, an addtional 0.44 acre/foot of dead storage has been provided. This extra dead storage should compensate for the lack of depth. Engineers Landscape Architects Surveyors I� Ms. Elaine Beatty May 9, 1996 Page 2 • The minimum size of storm sewer allowed in the City is 15". Two 12" leads are shown on the plans, these should be revised to 15". The remainder of the storm sewer sizing appears adequate. • The drainage report indicates that 0.21 acres will flow off the site to the west. This should be okay, as the wings of the existing 94th Street cul-de- sac will be cut off, reducing the existing runoff from that plat. • We require a 20' drainage and utility easement adjacent to plat or unplatted land that does not have a similar easement. We assume Bulow Estates has at least a 10 foot easement. Obviously, this is not necessary on the north side and on the east side except for the strip of plat not adjacent to the street. The south side will require the easement to 20 feet. • A description of the work involving the service road is included in the specifications, this should be adequate. • The curve warning signs should be called out on the plans and described in the specifications. The sign symbols show up on the plans, but no further information is provided. • The street light is shown on the plan. • Work within the Wright County ROW is subject to Wright- County's requirement and review. The City will require a copy of the County permit. A pre -construction meeting is required. The Developer is responsible for requesting the pre -construction meeting. The developers agreement must be signed and all payment to the City satisfied before the preconstruction meeting can be held. The Developer is fully responsible for erosion and sediment control which includes wind and stormwater erosion. Any solid waste dumps or debris liter on the site shall be disposed of as per the state rules and local ordinances. Our review is performed in general terms. Should error or omissions be found in the plans or specification, it shall be the Developers responsibility to makthe necessary Hakanson Anderson IIII Assoc., Inc. X CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 7. BOB KIRMIS, ASST. CITY PLANNER May 13, 1996 - 6:302M ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 7.3. Consider Floyd and Beverly Roden Conditional Use Permit to allow the following: 1. The transfer of property rights on a one per 40 split. Elaine Beatty, City Clerk/Zoning Adm. Background: The Planning Commission approved the transfer of property rights on a one per 40 split, at the May 1, 1996 P.C. Bruce Rask motioned to approve the Conditional Use Permit allowing the transfer of development rights from PID 118-800-233 100 to PID 118-800-144203 subject to the 10 conditions outlined in NAC's Report dated April 23, 1996, Seconded by Ing Roskaft. Motion carried 5 to 2 Voting for: Bruce Rask, Richard Nichols, Carl Swenson, Ing Roskaft and Arleen Nagel. Voting Against: Eugene Goenner, Jim Kolles STAFF RECOMAENDATIONe Staff recommends approval of the transfer of property rights on a one per 40 split, Subject to the 10 conditions in the April 23, 1996 Planning Report from NAC, which is attached. Thanks, . Elaine FANorthwest Associated Consultants Inc. j COMMUNITY PLANNING • DESIGN • MARKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Bob Kirmis DATE: 2 May 1996 RE: Otsego - Roden CUP / Swanson CUP FILE NO: 176.02 - 96.06 / 176.02 - 96.07 Attached are findings of facts applicable to the aforementioned requests. Please note that the findings are reflective of the Planning Commission's recommendations. These items are scheduled for City Council consideration on 13 May. PC: Elaine Beatty Andy MacArthur Larry Koshak Floyd Roden Jay and Carol Swanson 5775 Wayzata Blvd. • Suite 555 - St. Louis Park, MN 55416 - (612) 595-9636•Fax. 595-9837 U Conditional Use Permit Approval CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA RE: FINDINGS OF FACT AND DECISION Application of Mr. Floyd Roden for a conditional use permit to allow for "one per forty" transfer of development rights within an A-1, Agricultural Rural Service Zoning District. On 13 May 1996, the Otsego City Council met at its regularly scheduled meeting to consider the application of Mr. Floyd Roden for a conditional use permit to allow the aforementioned. Based upon the application, the recommendation of the Planning Commission and the evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT 1. The applicant is requesting a conditional use permit to allow a "one per forty" transfer of development rights within an A-1, Agricultural Rural Service Zoning District. 2. The legal description of the source of the density transfer is as follows: See Attached Exhibit A 3. The legal description of the property to which the development right is being transferred is as follows: See Attached Exhibit B 4. Section 20-4-2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the requested rezoning. The seven effects and the findings regarding them are: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. The resulting "one per forty" density which shall result from the proposed density transfer is consistent with the provisions of the City's Comprehensive Plan. b. The proposed use's compatibility with present and future land uses of the area. Land uses in this area primarily consist of agricultural activities on large parcels of land, usually containing single family homes. The proposal to construct a single family home on a 2.5 acre lot is compatible with the surrounding land uses. C. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). As a condition of pending subdivision approval, all applicable performance standards shall be upheld. d. The proposed use's effect upon the area in which it is proposed. The proposal is not anticipated to adversely affect the neighborhood. The proposed use and density is compatible with the surrounding area. e. The proposed use's impact upon property values of the area in which it is proposed. While a detailed analysis has not been conducted, similar situations have demonstrated no negative impact upon area property values. In fact, the construction of a new home may increase area property values. f. Traffic generation by the proposed use in relation to capabilities of streets serving the property. Traffic generated by the proposed use is within the capabilities of 80th Street which is to serve the property. g. The proposed use's impact upon existing public services and facilities including parks, streets, and utilities, and its potential to overburden the City's service capacity. The proposed density transfer will not increase the overall allowed density in the area. Therefore, the proposal shall not negatively impact existing public services and facilities. 5. The planning report dated 23 April 1996, prepared by Northwest Associated Consultants, Inc., is incorporated herein. X 6. On 1 May, the Otsego Planning Commission conducted a public hearing to consider the proposed conditional use permit preceded by published and mailed notice. Upon review of the conditional use permit application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council approve the conditional use permit based on the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinances, the applicant's requested fdr a conditional use permit to allow a "one per forty" transfer of development rights in an A-1 Zoning District is approved in its present form and subject to the following stipulations: A site plan (based on a certificate of survey) is submitted and found to comply with applicable A-1 District performance standards. 2. Consideration is given to shifting the proposed building site + 1,300 feet to the west to comply with the "clustering" directive of the Zoning Ordinance or ± 1,000 feet to the east to lessen agricultural activity disruption.. This issue should be subject to comment/recommendation by the City Engineer. 3. The properties involved in the development rights transfer are under the same ownership. 4. The applicant pursue subdivision of the property in a manner substantially similar to that conceptually illustrated upon Exhibit C of the Northwest Associated Consultants planning report dated 23 April 1996. Such subdivision (administrative) shall be subject to approval by the Zoning Administrator. 5. A deed restriction is placed upon the parcel from which the development rights have been transferred to prohibit additional development. 6. Findings are made that the subject site is capable of accommodating a private well and septic system. 7. The City Engineer provide comment/recommendation in regard to drainage and utility easement establishment. 8. The City Engineer provide comment/recommendation in regard to site access. 9. The proposed subdivision is subject to park dedication requirements as determined by the Park and Recreation Committee. 3 ADOPTED by the Otsego City Council this 13th day of May 1996. CITY OF OTSEGO Norman F. Freske, Mayor ATTEST: Elaine Beatty, City Clerk/Zoning Administrator Il LEGAL DESCRIPTION Source of Density Transfer (40 Acre Parcel) The northwest quarter of the southeast quarter of Section 23, Township 121, Range 24, Wright County, Minnesota. EXHIBIT A LEGAL DESCRIPTION Recipient of Density Transfer (2.5 Acre Parcel) That part of the SE 1/4 of the SE 1/4 of Section 23, Township 121, Range 24, Wright County, Minnesota, described as follows: The east 330 feet of the west 480 feet of the south 330 feet, said parcel being 2.5 acres more or less, and subject to the existing road easements. EXHIBIT B CITY OF OTSEGO KLOUL✓� I ruts �-UUM-IL ti� 1 tUiv AGENDA SECTION: DEPARTMENT: MEETING DATE B0B K1,R111IS, ASST. CITY.PLA. NLR May 13, 1995 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 1.4. Consider av and Carni Swanson Conditinnai L'se Permit to allow the following: I. A Pole Building 2. Accessory space over 2,000 sq. Wit. 3. More than one detached accessory building. Elaine Beatty, City Clerk/Zoning Adm. Background: The Planning Commission approved the above request for a Conditional Use Permit at the May 1, 1996 Meeting. Eugene Croenner motioned to approve the Conditional Use Permit for Jay and Carol Swanson to allow the Pole Building with accessory space over 2,000 square feet and more than one detached accessory building subject to the five conditions outlined in NAC's report dated April 22, 1996. Seconded by Arleen Nagel, All in favor, Motion Carried. STAFF RECOMMENDATION: Staff recommends approval of the Conditional Use Permit as per Planning Commission recommendation and the attached Findings of Fact Dated May 2, 1996. Thanks, Elaine INA Northwest Associated Consultants, Inc. �I C COMMUNITY PLANNING • DESIGN • MARKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Bob Kirmis DATE: 2 May 1996 RE: Otsego - Roden CUP / Swanson CUP FILE NO: 176.02 - 96.06 / 176.02 - 96.07 Attached are findings of facts applicable to the aforementioned requests. Please note that the findings are reflective of the Planning Commission's recommendations. These items are scheduled for City Council consideration on 13 May. pc: Elaine Beatty Andy MacArthur Larry Koshak Floyd Roden Jay and Carol Swanson 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 - (612) 595-9636•Fax. 595-9837 X Conditional Use Permit Approval CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA RE: FINDINGS OF FACT AND DECISION Application of Jay and Carol Swanson for a conditional use permit to allow the following: 1. Pole building in association with a detached single family use within an A-1 Zoning District. 2. Total accessory storage space to exceed 2,000 square feet. 3. More than one detached accessory building in association with a detached single family residential use. On 13 May 1996, the Otsego City Council met at its regularly scheduled meeting to consider the application of Jay and Carol Swanson for a conditional use permit to allow the aforementioned. Based upon the application, the recommendation of the Planning Commission and the evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT 1. The applicants are requesting a conditional use permit to allow the following: a. Pole building in association with a detached single family use within an A-1 Zoning District. b. Total accessory storage space to exceed 2,000 square feet. C. More than one detached accessory building in association with a detached single family residential use. 2. The subject property is zoned A-1, Agricultural, Rural Service. 3. The subject property lies within the City's Rural Service Area, as illustrated in Otsego's duly adopted Comprehensive Plan. 4. The legal description of the property is found on attached Exhibit A. 5. Section 20-4-2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the requested rezoning. The seven effects and the findings regarding them are: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. The proposed use will be compatible with adjacent properties. As such, the use is consistent with the intent of the Comprehensive Plan and the property's A-1 zoning designation. b. The proposed use's compatibility with present and future land uses of the area. The proposed accessory storage building will be compatible with present and future uses in the area. C. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). The proposed use will conform to all applicable performance standards. d. The proposed use's effect upon the area in which it is proposed. The proposed use will not tend to or have an adverse effect upon the area in which it is proposed. e. The proposed use's impact upon property values of the area in which it is proposed. While no detailed study has been conducted, similar situations dictate that the proposed use will not tend to depreciate area property values. f. Traffic generation by the proposed use in relation to capabilities of streets serving the property. Traffic generated by the proposed use is within the capabilities of Kahler Avenue which serves the property. g. The proposed use's impact upon existing public services and facilities including parks, streets, and utilities, and its potential to overburden the City's service capacity. 2 The proposed use can be accommodated by existing public service facilities. The proposed use will not overburden the City's service capacity. 6. The planning report dated 22 April 1996, prepared by Northwest Associated Consultants, Inc., is incorporated herein. 7. On 1 May, the Otsego Planning Commission conducted a public hearing to consider the proposed conditional use permit preceded by published and mailed notice. Upon review of the conditional use permit application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council approve the conditional use permit based on the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinances, the applicant's requested for a conditional use permit to allow: 1) a pole building in association with a detached single family use within an A-1 Zoning District; 2) total accessory storage space to exceed 2,000 square feet; and 3) more than one detached accessory building in association with a detached single family residential use is approved in its present form and subject to the following conditions: 1. Neither the proposed structure or other existing accessory structures upon the subject property are used for commercial or home occupation activities (unless specifically approved in accordance with City home extended business/home occupation requirements). 2. The accessory structures upon the property match the principal building in color. 3. The City Engineer provide comment and recommendation in regard to drainage and utility easement establishment. 4. The aite's driveways be surfaced with materials suitable to control dust and drainage. 3 ADOPTED by the Otsego City Council this 13th day of May 1996. ATTEST: In CITY OF OTSEGO By: Norman F. Freske, Mayor Elaine Beatty, City Clerk/Zoning Administrator 51 PROPERTY LEGAL DESCRIPTION: That part of the West Half of the West Half of the Southeast Quarter, the West Half of the Southwest Quarter of the Northeast Quarter lying South of the centerline of Wright County Highway Number 39, the East Half of the Southeast Quarter of the Southwest Quarter, the Southeast Quarter of the Northeast Quarter of Southwest Quarter, the East 4 chains of the Northeast Quarter of Northeast Quarter of the Southwest Quarter and that part of the East 4 chains of the Northwest Quarter lying South of the cen— terline of Wright County Highway Number 39. All in Section 14, Township 121, Range 24, described as follows: Commencing at a point on the West line of the said East Half of the Southeast Quarter of the Southwest Quarter distance 1030.3 feet North of the Southwest corner of said East Half of the Southeast Quarter of the Southwest Quarter; thence East parallel with the South line of said East Half of the Southeast Quarter of the Southwest Quarter, a distance of 629.48 feet; thence North deflecting 89023130" left, a distance of 417.18 feet to the actual point of beginning; thence continue North along the last described course•, a distance of 319.00 feet; thence East deflecting 90°23' right a distance of 682.84 feet to the East line of the said West Half of West Half of Southeast Quarter; thence South along the said East line, a distance of 319.00 feet; thence West, a distance of 682.84 feet to the point of beginning. 1 1 Subject to the right of way of a public road over the West 33.00 feet thereof. EXHIBIT A CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 7. BOB KIRMIS, ASST. CITY PLANNER May 13, ,1996 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 7.5. Discussion of Immediate Service Area Line Change (Cont from 4/22/96) Background: This item was on the last Council Agenda to discuss and see what should be done as far as the line change. The Council directed the Professional and City Staff to meet with Willie and Hilary to discuss the possibilities and try to be creative with a solution. Attached is a letter from Andy Mac Arthur regarding the PUD, which was the most creative the ordinance allows us to get. Attached also is a letter from Hilary Barry to Mayor Freske for your information. The Staff met with Hilary and Willie at the regular Staff Meeting on Wed, May 8, 1996 and tried to be creative. We had a long discussion. STAFF RECOMMENDATION: First of all, the Council needs to decide if they think a line change of the immediate service area or a PUD is appropriate at this time, taking into consideration that if a line change is done, (from present Immediate Service Area to 70TH ST from Odean East and the Long Range Urban Service Area being moved from 70TH ST to the Frankfort boarder, it would probably need to be supported by an Engineering Sewer Study showing area and how it would develop. Also a meeting with residents in that area would probably be needed. Bob Kirmis, Larry Koshak, and Andy MacArthur have more information and input on this. Thank you, Elaine 3 0 1996 Villiam S. Radzivill Andrew J. MacAtthur Michael C. Couti April 29, 1996 Cit;• City C/o 8899 Elk Council Members RADZWILL & CO URI Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) of Otsego Elaine Beatty, City Clerk Nashua Avenue NE River, MN 55330 RE: Immediate Urban Service Area Boundary Adjustment Dear Council Members: At the City Council meeting on April 22 Bob Kirmis raised the issue of Council consideration of adjustment of the Immediate Urban Service Boundary in light of the proposed sewer plant within the City. The issue was raised because of the continuing problems that staff were experiencing with a Comprehensive Plan based upon the idea that sewer service would be delivered from Elk River, and development requests that do not fit into the current Comprehensive Plan but that do seem to fit into the City's future plans with a sewer facility. This request was brought forward by general inquiries from Developers, as well as the specific inquiry which was contained in the Council packet at that meeting. At the end of the discussion ha Council dletermined ::ha'c they would table consideration of the immediate urban service boundary and then directed the staff to meet with those developers making the specific request in order to arrive at a creative method of facilitating development. The only creative method of facilitating development in this case is Planned Unit Development or PUD. The City has recently given preliminary approval to a PUD development along Highway 39, and another PUD is also under consideration. This raises the concern that the City is becoming overly dependent on this form of approval. PUD was created for the purposes of addressing unique situations Letter to Otsego City Council April 29, 1996 Page 2 where the imposition of the standard City ordinances would create difficulty in developing property which should otherwise be developed. It appears that the Council is reluctant to address the issue of moving the line until a complete commitment has been made to the proposed sewer facility. This reluctance is understandable in light of the fact that the City has not yet totally committed to the project and due to the present annexation situation with St. Michael, Frankfort Township and Albertville. However, in the mean time the various staff are left in a Catch 22 situation when dealing with development requests. We are left with the present Comprehensive Plan bur must honestly acknowledge that major portions of that plan are most likely invalid due to the sewer situation. It would appear that the following facts are well established: 1. That if and when a sewer plant is constructed it must be a plant that discharges into the Crow River, thus limiting its location within the City substantially. 2. That residential development will have to occur in that area most immediately accessible to the plant. 3. That a certain rate of residential development will have to be maintained in order to retire the debt for the facility. 4. That the proposed residential development will have to occur in an area along the proposed trunk line and where there is available open land. 5. That development will have to be directed into this area and strongly discouraged in other areas of the City where it may be more profitable for a Developer to operate. 6. That the City will not have full control of the timing of the proposed development, but should encourage it within the designated area. Thus, it may not be such a hard decision to determine the location of a proposed amended immediate urban service line, or proposed sewer service line. The adoption by the City of such a sewer study map, even if conceptual in nature, would give us a better basis for providing direction to Developers and would provide a consistent rationale for amendments to Immediate Service Area, amendment to Comprehensive Plan and rezoning. Letter to Otsego City Council April 29, 1996 Page 3 The continued use of PUD could result in the inability of the City to successfully deny applications for the same in areas where development will not ultimately be encouraged. The continued use of PUD could also result in a situation wherein all Development requests would be made in terms of PUD, for reasons not intended by the City Zoning Ordinance. It is the purpose of this letter to convey to the Council some of my concerns regarding this matter. It is my feeling that for various reasons the City should attempt to facilitate the request by those individual developers recently received. However, I would like the City to proceed on the cleanest and easiest course possible. It is my feeling that to justify a PUD on the subject property an established sewer plan or its equivalent is necessary. If you have any questions regarding this matter please feel free to contact me. Very truly yours, rew MacA ur RADZWIL & COURI cc: Bob Kirmis, NAC Larry Koshak, Hakanson Anderson J May 10, 1996 MEMO: Mayor and City Council FROM: Elaine Beatty, City Clerk/Zoning Adm., RE: Home Extended Business Ordinance Amendment Vern Heidner and Suzanne Ackerman met with Liz Wilder regarding the above and attached are proposed changes that Vern will explain at the Council Meeting of 5/13/96. He would like this added to the Council Agenda for discussion. Add under 10.3. Any Other Council Business. Thank you, Elaine Section 29 HOME EXTENDED BUSINESSES: Section 20-29-1: Purpose: The purpose of this subsection is to prevent unfair competition with business districts and to provide a means through the establishment of specific standards and procedures by which home extended businesses can be conducted 1 rresidential and agricultural districts without jeopardizing the residential character or health, safety and general welfare of the surrounding neighborhood. In addition, this subsection is intended to provide a mechanism enabling the distinction between permitted home extended businesses, so that in most cases, permitted home extended businesses may be allowed through an administrative process rather than by an interim use permit. 20-29-2: Application: Subject to the Non -Conforming Use Section and other applicable provisions of this Chapter, all occupations conducted in the home shall comply with the provisions of this Chapter. This Section shall not be construed, however, to apply to home occupations related to farming. 20-29-3: Prohibited Activities: No home extended business (permitted or special) shall: a. Constitute afire hazard to neighboring residences, adversely affect neighboring property values, or constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, noise, light, glare, fumes, odor, electrical interference, vibration, dust and other nuisance or safety hazards. b. Adversely impact governmental facilities and services, including roads, sanitary sewer, water, storm drainage, garbage service, police and fire. c. Adversely affect sensitive environmental features including lakes, surface and underground water supply and quality, wetlands, slopes, flood plains and soils, or other factors as found relevant by the City. d. Involve the use of hazardous materials or activities. e.e. Involve any of the following: body shops, welding, ammunition manufacturing , flea markets, motor vehicle repairs or sales massage or escort business or other adult oriented businesses as defined by this rdinance, or other objectionable uses as determined by the City Council. U f. There shall be no exterior evidence of the home extended business such as displays, exterior storage of business equipment, materials, merchandise, inventory or heavy equipment, domestic articles such as lawnmowers, boats, cars, etc. if buildings exist, with the exception of a sign. 20.29-4: Permitted Home Extended Business License: Licenses for home extended businesses shall be issued subject to the conditions of this Section, other applicable City Ordinances, Federal and State Law. A "Permitted Home Extended Business License" may be issued by the Zoning Administrator or their agent based on proof of compliance with the provisions of this Subsection. Application for the "Permitted Home Extended Business License" shall be accompanied by a fee as adopted by the City Council by resolution from time to time. The yearly renewal fee shall be set by the City Council by resolution from time to time. Licenses issued are not transferable. If the Zoning Administrator denies a permitted home extended business license to an applicant, the applicant may appeal the decision to the City Council. The license shall remain in force and effect until such time as the activity has ceased for a period of one (1) year, there has been a change in conditions or violation, there is a change of occupancy on the property or until such time as the provisions of this Section have been changed. Permitted home extended businesses are subject to the following criteria: a. The occupation shall be carried on entirely within the dwelling unit, attached garage or detached accessory structure. b. No permitted home extended business shall require internal or external construction features not customarily found in dwellings. c. A maximum of one (1) full-time employee, or equivalent, other than those persons who customarily reside on the premises shall be employed. This provision shall not apply where the permitted home is a meeting place for employees and the work is done off -premise. d. No permitted home extended business shall be serviced by delivery vehicles larger than 26,000 pounds gross vehicle weight. In no instance shall the frequency of the deliveries adversely affect the character of the uses permitted in the zoning district. e. No home extended business shall be conducted between the hours of 10:00 p.m. and 7:00 a.m., or as otherwise permitted by the City. f. Permitted home extended businesses shall not create a parking demand in excess of that which can be accommodated in an existing driveway, i where no vehicle is parked closer than fifteen (15) feet from the edge of right-of-way. g. The operation of any wholesale or retail business, unless it is conducted entirely by mail, and does not involve the sale, shipment, or delivery of merchandise on the premise, is prohibited. On-site sales shall be limited to those clearly incidental to services provided by the business. h. Permitted home extended businesses may not involve the repair or use of equipment which is not normally found in a residential area; except that equipment which is typically found in an office may be used. i. All interior and exterior signs must comply with Section 37 of the zoning ordinance. j. A contract shall be required between a refuse hauler and the owner for disposal of all waste including, but not limited to, garbage, decayed wood, saw dust, shavings, bark, lime, sand, ashes, oil, tar, chemicals, offal, and all other substances not sewage or industrial waste which may pollute or tend to pollute the waters of the State. The contract shall be provided to the City prior to issuance of the Home Extended Business License and shall state the destination of the waste and shall be renewed annually on or before January 1st of every year. The City shall be provided with documentation of the contract recorded. k. The limited seasonal sale of products grown solely on the site by the residents of the farmstead shall be exempt from the provisions of this sub- section. 1. Permitted Home Extended Businesses may use for business purposes, a cumulative amount of square footage of an attached garage and accessory buildings, not to exceed the square footage allowed under Section 20-16-4 of the zoning ordinance, regardless of the total area of all existing attached garages and accessory buildings located on the property. Additionally, attached garages must allow a minimum of 200 square feet for the inside storage of at least one passenger vehicle. e. Renewal of License: An applicant shall not have a vested right to a license renewal by reason of having obtained a previous license. In applying for and accepting a license, the license holder agrees that the monetary investment in the home extended business will be fully amortized over the life of the license and that a license renewal will not be needed to amortize the investment. Each application for the renewal of a license will be reviewed without taking into consideration that a previous license has been granted. The previous granting or renewal of a license shall not constitute a precedent or basis for the renewal of a license. 20.29-6: Inspection: The City may at any reasonable time inspect the home extended business to determine if the applicant is strictly adhering to the criteria for a permitted home extended business or the conditions placed on a special home extended business. Inspection by the City of a home extended business shall take place at a minimum of every three (3) years. 20.29-7: Revocations: 1. Permitted and i u homjt e-business licenses shall remain in effect until: a. Such time as the business is not in compliance with any portion of this ordinance, any other applicable city ordinance, or any applicable state or federal statute, rule or regulation. b. Such time as there is any violation of the terms and conditions of license approval. c. Such time as there is any change in the conditions of operation of the business as it was originally approved; including any change in the nature of the business, any substantial change in the extent of business, any substantial change in the extent of business operations, any significant (� expansion of business facilities, or any other circumstances related to the business which have the potential to significantly effect surrounding properties, or which may pose a threat to the health, welfare or safety of the general public. d. Such time as the license expires. At such time that the city has cause to believe that any of the events listed in a, b, or c above have taken place, the city shall immediately notify the license holder of the allegations of violation and the necessary corrections required to bring the license into compliance. City of Otsego Engineer's Agenda Items City Council Meeting May 13, 1996 9.1 CONSIDERATION OF JOHN & KEVIN LEFEBVRE PROPOSAL This item involves two separate yet related issues with the John Lefebvre's land adjacent to 85th and north of the Elementary school. John had asked for a deferment of assessment and interest for 5 year, which was granted by Council. Larry Fornier and Larry Koshak met with the Lefebvre's also to discuss with them acquisition of bike trials for the 96 ISTEA Grant Project. Find enclosed the letter than summarizes the meeting. Since we need to acquire the fee title to the trail by July 1, we recommend consideration of this issue at this time. 9.2 REVIEW OF ISLAND VIEW ESTATES PAVING PROJECT APPRAISAL Mr. Malcom Watson agreed to prepare a report on the subject of benefit to the landowners in Island View Estates having a paved street as opposed to the present gravel street. Enclosed is Mr. Watson's report for your review. Malcolm will attend the council meeting to discuss his findings. The contractor is willing to extend to award time should that be necessary to hold a new hearing or to obtain more information. 9.3 , CONSIDER AWARD OF BID FOR: a: Mississippi Shores Overlay b: Island View Estates Paving Project These projects were bid together and the lowest responsible bidder should be awarded both projects, if the council proceeds on both projects. If one project is abandon then the other project must be re -bid separately. We cannot award the Mississippi Shores project to the lowest bidder without violating the intent of the specification. Separate resolutions are available in this packet for consideration of award. 9.4 FOR YOUR INFORMATION ONLY a. Municipal Well New monthly flow data indicated that the average capacity of the pressure tanks in the school is 450 gallons. This is a positive result and shows a major increase since the meeting held to discuss the low capacity of the pressure tanks. This revised condition allows the pumps to rest at least a 1 1/2 minutes before being turned on and therefore reduces the wear on the pump and motor. b. Mn/DOT Construction -TH 101 John Harwood and Larry Koshak met with Mn/DOT officials on 4/23/96 on the following issue concerning the construction project on THE (Crow ' River to CSAH 42) - Drainage We failed to convince Mn/DOT to increase the size of storm sewer pipe across the new highway. However, the new storm water storage ponds being created along the new highway will add to the storage needs in the area. - Northern Natural Gas Line Relocation We are still working with Mn/DOT and Northern Natural Gas Company to get the most acceptable location of the pipeline in event that Quale Avenue is completed at the intersection with CSAH37 west of THE. It is anticipated this relocation can be done without City funds. Quam Avenue Mn/DOT is building the section of access road from CSAH 36 to 62nd Street. The greater portion of Quam Avenue in Frankfort Twp. will be upgraded. However, the remainder will be constructed new in the northerly portion of Frankfort Twp. and the rest in Otsego to 62nd Street. Due to construction at CSAH36 and THE a detour will be necessary on Quam Avenue to THE via 62nd Street. Mn/DOT will be paving 62nd Street from the intersection with Quam Avenue to TH 101. That normally would be great for the City and residences. However, that portion of 62nd Street was built on the south 33 ft. of Street R.O.W. If the street was to be paved it should be brought up to City standards and then paved. According to the Mn/DOT we have perhaps three options: Let them pave the street as is and leave it off center; - Let them pave the street and have the pavement removed after the detour is no longer needed; This portion of the street could be regraded for Otsego by Mn/DOT, paid for by the City and then paved by Mn/DOT to City Standards. The problem with the last option is that if the City's policy is to assess local road improvements to those benefitting then a hearing would be necessary to assess the landowners for a paved street. The City may have some obligation to center the present street in the R.O.W. but the pavement in my opinion is a benefit to the landowners. We need to get back to Mn/DOT if the Council wants something other than alternative #1 . C. Monitoring Wells Ground water monitoring wells, their installation, maintenance and testing costs perhaps could be financed several ways, however, two that appear to be possible are as follows: In the Developers agreement the developer would be required to contribute to a fund established for the installation, maintenance and testing Monitors Wells. A per lot impact fee would be one possible method. The Stormwater Utility Fee proposal is intended to collect funds for Operation & Maintenance of the Storm Water System, the wells could be financed through the same source. Shallow wells like the ones presently in Otsego would cost for installation about $2000. The City presently in the Northeast area (immediate urban service) would need about 6 more wells to do an adequate ground water pollution monitoring program. Annual testing could run for 9 wells about $800-51000 year. d. Public Work a) Cracking Filling - It has been determined by the Public Work Committee to not Seal Coat any paved streets this year. The fund for that will be directed to crack filling and repairs on the asphalt street. We are taking quotes at our office on May 17, 1996, the same time Frankfort Twp. will be taking quotes for the crack filling. We did this to get the best price for the two communities. We could not bid the two as one because of the $25,000 upper limit on quotes. The past winter and spring has produced more cracks and forced them wider than has happened in a long time. We will do crack filling on the collector street first and then others as money is available based on quotes. We will bring the quotes back to the council for award at the 5/28/96 meeting. b) 80th Street (Marlow Ave. to CSAH 1 9) This paved street has "frost boils" in at least three areas. The paved surface on most this section of street is cracked both longitudinally and transverse into about 4-6 inch blocks. Any of the block can be pried loose. The street is at a critical point. It is doubtful that the present asphalt can be saved by an overlay. It is our opinion that the street needs a total reconstruction. Drainage needs to be improved and the subgrade upgraded to hold a 9 ton street. The project will be costly. Options are: 1) Continue to patch as needed. That could involve $10,000 - $20,000 for the patching just for this year. 2) Invite the landowners to an informal meeting to discuss options for future upgrade providing some rough cost. We suggest the Public Works committee meet on the site to review the situation. agenda5.13 Hakanson Assoc., Anderson Inc. May 8, 1996 Ms. Elaine Beatty City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: John & Kevin Lefebvre Deferment of Assessments Dear Elaine: Item 9.1 3601 Thurston Avenue Anoka, Minnesota 55303 612/42 7-5860 Fax 612/427-3401 Councilman Larry Fornier and I met with John and Kevin at John's Farm on Thursday at 7:00 pm to approximately 9:00 pm. We discussed briefly the amended agreement which was prepared to allow deferment of interest on the 85th Street assessment for 5 years. The subject of the City acquiring fee title to property for bike paths on John and Kevin's property was discussed. Larry approached the owners with the concept of acquiring property. I presented the location of the ISTEA Trail proposal and the preliminary graphics to show them what was being proposed. After further discussion compensation for the proposed acquisition was brought up It was suggested by Larry that perhaps the City would be willing to forgive the deferred interest on the assessments for title to the bike path. That suggestion appeared to be acceptable to the owners. The owners then offered to sell the wooded area in the Southwest corner of the NW 1/4 of the SE 1/4 of Section 22. The land in that area is wooded and considered to be suitable for Park land. There is approximately 2 acres available according to John & Kevin. It was then suggested by Larry that one of the assessments be considered to be forgiven to transfer the Park land to the City of Otsego. Engineers Landscape Architects Surveyors Elaine Beatty May 8, 1996 Page 2 The interest to be forgiven for 5 years @ 9% on $30,938.00 is $2784.42 per year or $13,922.10 in total. The principal amount of one street assessment is $1 5,469.00. he total forgiveness on the proposed Park and bike path acquisition is $29,391 .10. The total land area to be acquired is approximately 3 acres. John Lefebvre stated that he was interested in having the rest of the assessment forgiven also, and therefore, not have any assessment or interest payments. He was told that the proposal would be brought before the City Council for consideration. There is a complexity in the trail proposal in that John wishes to keep the farm road open and useable. It was agreed by those of us at the meeting that the bike trail had to go on the east side of the farm road. The farm road needed at least 33 feet for access. The City would build the bike trail in 17 feet east of the 33 feet. The total width of the fee title would be 50 feet. The bike trail would be fenced. Problems would arise when the property was sold for development and the bike path lie between a 33' strip and the rest of the property. It may be necessary to cause some agreement to be made that the developers who purchases the property will need to relocate the bike path. The farm road access is necessary to reach land locked property owned by the Lefebrve's south and west of the school. John Lefebvre also expressed several grievances he wished the City to look into and respond to him. These grievances are: 1. Wind blown debris (papers, etc.) from neighboring Country Ridge plat causes a mess in the paper in the Lefebrve yard. Could the City do something about controlling this matter? 2. Creosote Timbers in neighbors yard are a concern due to possible pollution. Wants to know what can be done about removing the timbers. 3. The animal care was questioned on the same property that has the creosote timbers. Horses appear to be under feed according to John. Could someone look into this matter? Hakanson Anderson Assoc., Inc. Elaine Beatty May 8, 1996 Page 3 4. Would petition the City to place an 85th Avenue sign on CSAH42. Present signs are located only on 85th Street. 5. Due to snow plowing last winter the fences along 85th Street are loose. John would like to have City tighten fences up. Perhaps the staff can reply to John on the above grievances. If you have questions, please contact Larry Fornier or myself on the meeting. Yours truly, HAKANSON."DERSON ASSOCIATES, INC. Law 771c e G/Koshak, PE kas cc: Mayor & Council Andy MacArthur File: ot901.eb1 —a '� Hakanson -Anderson Assoc., Inc. —MPiY 09 '96 16 2e HAKANSON ANDERSON P.2 Watson Appraisal and Consultant Service 4230 Central Avenue N.E., Columbia Helgte, MN 55421 Office: (812) 788.2714 • After Hours: (812) 571-1717 May 7, 1996 City Council City of Otsego 8899 Nashua Avenue Elk River P.O., MN 55330 Dear Councilmembers: In accordance with your request for an evaluation of the proposal for an evaluation of the proposed bituminous street construction in the Island View Estate Additions, I have proceeded as follows: 1. I viewed the streets included in the proposed improvement with Engineer Koshak on April 26, 1996. 2. We toured the Parkwood and Antelope Park Additions where the streets are already bituminous surfaced similar to what is proposed for Island View Estates. 3. I checked out lots currently for sale and lots where homes have been constructed recently. 4. I went through the Multiple Listing Service sales of vacant residential sites for the past two years. 5. I received property I.D. numbers on parcels from Mr. Koshak and from Judy Hudson in the Otsego City Office to confirm lot locations. 6. I discussed with Mr. Koshak the problem of unstable soil conditions in the Island View Estates Addition as compared with the stable/granular soils in Antelope Park. 7. I called the realtors who had listed Island View Sites and reviewed the probable selling prices in an unpaved street area. Edina Realty sent me data on 10 Island View Home Sales. 8. I contacted Mr. George Sanford of Zeigler Construction company and discussed what their general estimate of land value is on the property sales which were on improved sites in Antelope Park. 9. I reviewed the current county assessors estimated market values on lands in the Antelope Park Add. where new homes were recently built. 10. I prepared a grid of lot values in Island View as an area of gravel streets and a grid of lot values in the Antelope Park Addition as an area of bituminous surfaced streets. It is my opinion based on the foregoing research that after adjusting for soil stabilization, subdivision location, WE shapes, and time of sales that the remaining differential factor is the dust -free, low maintenance bituminous streets. The class 5 (gravel) area lots would have a probable market value of $15.000 to $18,000 per building site, whereas similar sites on a bituminous roadway would fall in the $19,000 to $24,000 range or $4,000 to $6,000 more due to the bituminous road .surfacing. As noted heroin, this is my evaluation of the benefit derived to a building site having a low maintenance, dust free, bituminous strut to serve each site. This estimate assumes an "entire project with no streets eliminated as that would mean continual need for blading in the "neighbrorhood" with the accompanying dust and inconvenience. I further note that the roadway design with a deep granular base and good bituminous mat thickness should give the area a long-term maintenance free roadway. The drainage design with proper driveway culverts and stabilized private drives will also enhance the over-all project. The average benefit should be about $5,000 per building site. MOW/sh espectfully submitted, �coatson Appraiser/Consultant Civil Engineer Appraiser License #4000369 COUNCIL REVIEW COPY CONTRACT AGREEM NT 1.01 THIS AGREEMENT made as of the day of , 1996 by and between the City nf Otsego hereinafter called the Owner, and Midwest Asphalt Corporation hereinafter called the Contractor. . rNESSETH, that whereas the Owner intends to construct Public Improvement Project 95-1 and Public Improvement Project 95-2 hereinafter called the Project, in accordance with the Drawings, Specifications and other Contract Documents prepared by Hakanson Anderson Associates, Inc. NOW, THEREFORE, the Owner and Contractor for the considerations hereinafter set for, agree as follows: 1.02 The Contractor agrees to furnish all the necessary labor, materials, equipment, tools and service necessary to perform and complete in a workmanlike manner all work required for the construction of the Project, in strict compliance with the Contract Documents herein mentioned, which are hereby made a part of the contract. a. Contract Time: Work under this Agreement shall be commenced May 20, 1996 and shall be completed no later than August 30, 1996 b. Subcontractors: The Contractor agrees to bind every Subcontractor by the terms of the Contract Documents. The Contract Documents shall not be construed as creating any contractual relation between any Subcontractor and the Owner. 1.03 THE OWNER AGREES to pay, and the Contractor agrees to accept, in full payment for the performance of this Contract, the Contract amount of: Five hundred thirty-nine thousand four hundred seventy-eight and 52/100 Dollars ($539,478.52) in accordance with the provisions of the Contract Documents. a. Progress Payments will be made in accordance with the General Conditions of the Contract. b. Final Payment shall be made upon acceptance of the Project by the Owner and in accordance with the Contract Documents. C. The final contract amount shall be based on the accepted quantities of work and unit prices as they appear in the Bid Proposal submitted by the Contractor as modified by approved Change Orders or Supplemental Agreements, 1.04 CONTRACT DOCUMENTS: The Contract comprises the Contract Documents listed under the General Conditions of the Contract including the Sid Proposal. In the event that any provisions of one Contract Document conflicts with the provisions of another Contract Document, the provisions in that Contract Document first listed below shall govern, except as otherwise specifically stated: a. Agreement (this instrument) b. Addenda to Contract Documents C. Bid Proposal d. Detailed Specifications Requirements e. Drawings f. General Conditions or Requirements of the Contract g. Bonds 1. Performance and Payment Bond 2. Warranty and Maintenance Bond 3. Proposal Guaranty or Bid Bond (if any) CF -1 1.05 SUCCESSORS AND ASSIGNS: This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the Owner and the Contractor respectively and his partners, successors, assigns and legal representatives. Neither the Owner nor the Contractor shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. 1.06 SPECIAL PROVISION. The Owner and the Contractor mutually agree that this Agreement shall be st-' to the following Special Provisions, which shall supersede other conflicting provisions of this Agreement. 1.07 IN WITNESS WHEREOF, the parties have made and executed this Agreement, the day and year first above written. THE CITY OF OTSEGO By , Mayor BY Attest: , Clerk MIDWEST ASPHALT CORPORATION By Title � Maoa pra►a►w•has»x,xwawa70A�va9YMo1loaPa roma•M1aAa M•Na/Jr a9va0•M1ed9191o0o!•h,eaOJeas »0/� War STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of 1996. Notary Public, County, Minnesota My Commission Expires CF -2 N RESOLUTION NO.96-15 RESOLUTION ACCEPTING BID PUBLIC IMPROVEMENT PROJECT NO. 95-2 ISLAND VIEW ESTATES ADDITIONS WHEREAS, pursuant to an advertisement for bids for the improvement of the Island View Estates and Arrowhead Estates Roadway Improvement Project for the following streets: A. 101st Street NE B. Kahler Avenue NE C. 97th Street NE D. 99th Street NE E. Kalenda Avenue NE F. Kaiser Avenue NE AND WHEREAS, the project was bid together with Public Improvement Project No. 95-1 and the following bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Midwest Asphalt Corporation Hardrives, Inc. WB Miller, Inc. 'alley Paving, Inc. .sauerly Brothers, Inc. Buffalo Bituminous, Inc. Imp Proj. 95-1 $155,085.00 153,240.00 142,795.00 152,462.50 147,956.00 172,201.00 Imp Proj. 95-2 $384,393.52 397,909.20 409,899.55 441,201.85 419,789.87 409,597.57 Total $539,478.52 551,149.20 552,694.55 563,664.35 567,745.87 581,798.57 AND WHEREAS, it appears that Midwest Asphalt Corporation of Hopkins, Minnesota is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into the attached contract with Midwest Asphalt Corporation of Hopkins, Minnesota in the name of the City of Otsego for the improvement of Public Improvement Project No. 95-2, Island View and Arrowhead Estates Roadway Improvement Project according to the plans and specifications therefore approved by the city council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Otsego City Council this 13TH day of May , 1996. Mayor NORMAN F FRESKE ot331 res.1 RESOLUTION NO. 96-16 RESOLUTION ACCEPTING BID PUBLIC IMPROVEMENT PROJECT NO. 95-1 MISSISSIPPI SHORES ADDITIONS Whereas, pursuant to an advertisement for bids for the improvement of the Mississippi Shores Additions Street Overlay Project for all streets located within the Mississippi Shores 1 st, 2nd, 3rd, 4th, 5th, 6th and 7th Additions. AND WHEREAS, the project was bid together with Public Improvement Project 95-2 and the following bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: AND WHEREAS, it appears that Midwest Asphalt Corporation of Hopkins, Minnesota is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into the attached contract with Midwest Asphalt Corporation of Hopkins, Minnesota in the name of the City of Otsego for the improvement of Public Improvement Project No. 95-1, Mississippi Shores Additions Street Overlay Project for all streets located within the Mississippi Shores 1 st, 2nd, 3rd, 4th, 5th, 6th, and 7th Additions according to the plans and specifications therefore approved by the city council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Otsego City Council this I -ITH day of May , 1996. qlc%piet� a a��" Mayor NORMAN F FRESKE ot329res.1 BEATTY Img Proj 95-1 Imp Prom 95-2 Total Midwest Asphalt Corporation $155,085.00 $384,393.52 $539,478.52 Hardrives, Inc. 153,240.00 397,909.20 551,149.20 WB Miller, Inc. 142,795.00 409,899.55 552,694.55 Valley Paving, Inc. 152,462.50 441,201.85 563,664.35 Bauerly Brothers, Inc. 147,956.00 419,789.87 567,745.87 Buffalo Bituminous, Inc. 172,201.00 409,597.57 581,798.57 AND WHEREAS, it appears that Midwest Asphalt Corporation of Hopkins, Minnesota is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into the attached contract with Midwest Asphalt Corporation of Hopkins, Minnesota in the name of the City of Otsego for the improvement of Public Improvement Project No. 95-1, Mississippi Shores Additions Street Overlay Project for all streets located within the Mississippi Shores 1 st, 2nd, 3rd, 4th, 5th, 6th, and 7th Additions according to the plans and specifications therefore approved by the city council and on file in the office of the city clerk. 2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the Otsego City Council this I -ITH day of May , 1996. qlc%piet� a a��" Mayor NORMAN F FRESKE ot329res.1 BEATTY x CITY OF OTSEGO XEQUEST FUR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 8. ANDY MAC ARTHUR CITY ATTORNEY May 13, ,1996 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: b.1. u1scussion of F'eediot proposed Ordinance - Consider continuation of Moratorium for same. Background: As you know, we had a citizen sub -committee work on a proposed feedlot ordinance. The Planning Commission is now Hearing same. Andy MacArthur will update you. Attached is the information for continuing the Moratorium, if you agree. STAFF RECOMMENDATION: This is a Council decision. Andy will be absent for the May 28, 1996 Council Meeting, so wants to bring this up at this meeting. 8,2, Consider Resolution/Policy for Stormwater Drainage Impact Fees Deferment, BACKGROUND: This was on the last Council Agenda. Andy and Larry were to come back with a revision on the proposed policy. Thank you, Elaine Villiam S. Radzwill Andrew J. MacArthur Michael C. Court May 6, 1996 RADZWILL & COURI Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) City Council Members City of Otsego c/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 RE: Feedlot Moratorium Ordinance Dear Council Members: Enclosed for your review and possible action at this or the next City Council meeting is a redrafted Interim Ordinance Establishing A Moratorium On Feedlots Within The City Of Otsego. I am presenting this for your consideration due to the present state of the proceedings at the Planning Commission. The commission is attempting to come to some agreement on setbacks, animal unit limitations, and other sections of the ordinance. At the most recent meeting they directed staff to incorporate into ordinance form the result of their various discussions on various items. While we will endeavor to do that as accurately as possible, it is apparent that it may be very difficult for the Planning Commission to arrive at some kind of consensus for a recommendation to pass on to the Council. It is very possible that they may not be able to arrive at a recommendation prior to the termination date of the present moratorium, or that it may come up to the Council and the Council will not have adequate time to properly review the proposed ordinance. I do not think it is in anyone's best interest to come to a hurried resolution to this matter, so it would be my recommendation that a new moratorium be established for at least a three month period in order to come to some agreement on the ordinance. From what I have been told about the situation in other jurisdictions, it is not unusual for the process of reformulating such an ordinance to take a significant amount of time. Letter to Otsego City Council May 6, 1996 Page 2 I have left the time period for Council can determine what date institute a new moratorium. the moratorium blank so that the is appropriate, if they choose to When there has been sufficient time to have a public hearing I have recommended that the City do so for consideration of a moratorium, however, the Council should be aware that there is no legal requirement for a public hearing on a moratorium interim ordinance since it is separate from those planning statutes that specifically require a public hearing. This matter is being brought to your attention due to the present unresolved situation at the planning commission, the impending termination of the present moratorium on June 6, and because I will not be available to attend the City Council meeting on May 28. If you have any questions regarding this matter I will be available to answer them at the City Council meeting on May 13. Vrre my yours, A acAr ur R & CC Encls. cc: Bob Kirmis, NAC Larry Koshak, Hakanson Anderson CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. RESOLUTION ADOPTING AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OF COMMERCIAL FEEDLOTS WITHIN THE CITY OF OTSEGO WHEREAS, the Otsego City Council has previously determined that in order to protect the planning process and insure the health, safety, and welfare of the citizens of Otsego that the presently existing ordinances and controls regarding the establishment of Commercial Feedlots within the City need to be reevaluated; and WHEREAS, the Council had directed staff to present a report to the City outlining problems within the existing ordinances, and possible changes and amendments to said ordinances; and WHEREAS, the Council had further directed that a Citizen's Committee be established to review the ordinances and related issues and report to the Council regarding any proposals for change in local controls that they might arrive at; and WHEREAS, a previous application for a Commercial Feedlot Conditional Use Permit, submitted for consideration by the City, has brought forth concerns regarding the compatibility of commercial feedlots with residential and other uses, concerns about reduction of the property value of adjoining residents due to proximity to such a facility, concerns about the effect of possible changes to the City Comprehensive Plan and controls due to availability of sewer and water, and the advisability of allowing such uses in an area which may become primarily residential, as well as concerns about the effectiveness of existing ordinances in properly regulating such a facility; and WHEREAS, the above mentioned concerns required the City to study possible changes to existing controls; and WHEREAS, the City needed a period of time in which to conduct these studies and to implement any needed changes; and WHEREAS, in order to facilitate proper review of proposed ordinance changes the Otsego City Council passed an interim ordinance, effective December 6, 1995 until June 6, 1996; and WHEREAS, the Citizen's Committee has met and submitted their proposed ordinance to the City, the Planning Commission has heard public testimony and is in the process of making changes to the proposed ordinance, and has recently directed staff to come back with a revised version of the ordinance for the next regular planning commission meeting; and WHEREAS, it does not appear that the City will have adequate time prior to the termination of that moratorium established by previous Interim Ordinance to complete needed revisions in said ordinance; and WHEREAS, the City Council has determined that no Commercial Feedlots should be established within the City until these issues have been fully studied and proper amendments to the City ordinances have been implemented; and WHEREAS, the City Council has determined that additional time is needed to complete proper amendments to the ordinance. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO that the attached Interim Ordinance Establishing A Moratorium On the Establishment Of Commercial Feedlots Within The City of Otsego is hereby adopted. ADOPTED this day of May, 1996. IN FAVOR: OPPOSED: CITY OF OTSEGO Norman F. Freske, Mayor Elaine Beatty, City Clerk CITY OF OTSEGO COUNTY OF ARIGHT STATE OF MINNESOTA ORDINANCE NO. AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OF COMMERCIAL FEEDLOTS OF 300 ANIMAL UNITS OR MORE WITHIN THE CITY OF OTSEGO. THE CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS AS FOLLOWS: Section 1. Intent. It is the intent of this Interim Ordinance to allow the City of Otsego to complete review of the presently existing ordinance sections related to Commercial Feedlots and to make appropriate changes in the same in order to protect the value of residential properties within the City of Otsego, to insure proper land use controls, and to facilitate compatibility between such facilities and the surrounding property uses. Section 2. Authority and Purpose. The City Council is empowered by Minn. Stat. 462.355, Subd. 4 to pass an interim ordinance, applicable to all or a portion of its jurisdiction, for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. Section 3. Temporary Prohibition. For after the effective date of this ordinance, or until such earlier time as the Otsego City Council determines by resolution that the reasons for the moratorium no longer exist, no Commercial Feedlot of 300 Animal Units or more, shall be established within the City of Otsego, nor shall the City receive, consider, and/or approve, any application, of any type, for a Commercial Feedlot of 300 Animal Units or more within the City. The term Animal Unit, as used herein, is defined in Minnesota Rules 7020.0300, Subpart 5. Section 4. Misdemeanor. Any person, persons, firm or corporation violating any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished pursuant to Minn. Stat. 609.02, Subd. 3, or as subsequently amended, plus costs of prosecution. Section 5. Injunctive Relief. In the event of a violation of this ordinance, the City may institute appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, correct, or abate such violations. Section 6. Separability. It is hereby declared to be the intention that the several provisions of this ordinance are separable in accordance with the following: if any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. Section 7. Effective Date. This ordinance shall take effect from and after its passage and publication, and shall remain in effect until after the effective date, unless a shorter period of time is approved by proper resolution of the Otsego City Council. PASSED by the City Council of the City of Otsego this day of 1996. IN FAVOR: OPPOSED: CITY OF OTSEGO Norman F. Freske, Mayor Elaine Beatty, City Clerk 111 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 96-14 RESOLUTION ADOPTING AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OF COMMERCIAL FEEDLOTS WITHIN THE CITY OF OTSEGO WHEREAS, the Otsego City Council has previously determined that in order to protect the planning process and insure the health, safety, and welfare of the citizens of Otsego that the presently existing ordinances and controls regarding the establishment of Commercial Feedlots within the City need to be reevaluated; and WHEREAS, the Council had directed staff to present a report to the City outlining problems within the existing ordinances, and possible changes and amendments to said ordinances; and WHEREAS, the Council had further directed that a Citizen's Committee be established to review the ordinances and related issues and report to the Council regarding any proposals for change in local controls that they might arrive at; and WHEREAS, a previous application for a Commercial Feedlot Conditional Use Permit, submitted for consideration by the City, has brought forth concerns regarding the compatibility of commercial feedlots with residential and other uses, concerns about reduction of the property value of adjoining residents due to proximity to such a facility, concerns about the effect of possible changes to the City Comprehensive Plan and controls due to availability of sewer and water, and the advisability of allowing such uses in an area which may become primarily residential, as well as concerns about the effectiveness of existing ordinances in properly regulating such a facility; and WHEREAS, the above mentioned concerns required the City to study possible changes to existing controls; and WHEREAS, the City needed a period of time in which to conduct these studies and to implement any needed changes; and WHEREAS, in order to facilitate proper review of proposed ordinance changes the Otsego City Council passed an interim ordinance, effective December 6, 1995 until June 6, 1996; and WHEREAS, the Citizen's Committee has met and submitted their proposed ordinance to the City, the Planning Commission has heard public testimony and is in the process of making changes to the proposed ordinance, and has recently directed staff to come back with a revised version of the ordinance for the next regular planning commission meeting; and WHEREAS, it does not appear that the City will have adequate time prior to the termination of that moratorium established by previous Interim Ordinance to complete needed revisions in said ordinance; and WHEREAS, the City Council has determined that no Commercial Feedlots should be established within the City until these issues have been fully studied and proper amendments to the City ordinances have been implemented; and WHEREAS, the City Council has determined that additional time is needed to complete proper amendments to the ordinance. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO that the attached Interim Ordinance Establishing A Moratorium On the Establishment Of Commercial Feedlots Within The City of Otsego is hereby adopted. ADOPTED thisTHday of May, 1996. IN FAVOR: Norman F Freske, Mayor, Vern Heidner, Ron B1ack,Council Members OPPOSED: Larry Fournier, Suzanne Ackerman, Council Members CITY OF OTSEGO Norma reske, Mayor CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. -96-5 AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OF COMMERCIAL FEEDLOTS OF 300 ANIMAL UNITS OR MORE WITHIN THE CITY OF OTSEGO. THE CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS AS FOLLOWS: Section 1. Intent. It is the intent of this Interim Ordinance to allow the City of Otsego to complete review of the presently existing ordinance sections related to Commercial Feedlots and to make appropriate changes in the same in order to protect the value of residential properties within the City of Otsego, to insure proper land use controls, and to facilitate compatibility between such facilities and the surrounding property uses. Section 2. Authority and Purpose. The City Council is empowered by Minn. Stat. 462.355, Subd. 4 to pass an interim ordinance, applicable to all or a portion of its jurisdiction, for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. Section 3. Temporary Prohibition. For six Month_q after the effective date of this ordinance, or until such earlier time as the Otsego City Council determines by resolution that the reasons for the moratorium no longer exist, no Commercial Feedlot of 300 Animal Units or more, shall be established within the City of Otsego, nor shall the City receive, consider, and/or approve, any application, of any type, for a Commercial Feedlot of 300 Animal Units or more within the City. The term Animal Unit, as used herein, is defined in Minnesota Rules 7020.0300, Subpart 5. Section 4. Misdemeanor. Any person, persons, firm or corporation violating any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished pursuant to Minn. Stat. 609.02, Subd. 3, or as subsequently amended, plus costs of prosecution. Section 5. Injunctive Relief. In the event of a violation of this ordinance, the City may institute appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, correct, or abate such violations. Section 6. Separability. It is hereby declared to be the intention that the several provisions of this ordinance are separable in accordance with the following: if any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. Section 7. Effective Date. This ordinance shall take effect from and after its passage and publication, and shall remain in effect untilgiw nnthc after the effective date, unless a shorter period of time is approved by proper resolution of the Otsego City Council. PASSED by the City Council of the City of Otsego this 13TH day of May , 1996. IN FAVOR: Norman F Freske, Mayor, Ron Black, Vern Heidner, Council OPPOSED: Members Larry Fournier, Suzanne Ackerman, Council Members CITY OF OTSEGO Elaine Beatty, City Cle 6-y� oL ar".1, Norman F. Freske, Mayor Posted: 5/21/96 - Otsego City Hall (2 Bds) Published: 5/29/96 - Elk River Star NEws CITY OF OTSEGO UEST FOR COUNCIL ACTION ILAGENDA SECTION: DEPARTMENT: MEETING DATE I110.COUNCIL ITEMS: COUNCIL May 13, ,1996 6:30PM ILTEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 10.1. Consider Certification of Local Performance Measures - Aid Payable in 1997. Background: Attached is information Re: Certification of Local Performance Measures for Local Performance Aid Payable in 1997, sent to us by the Department of Revenue property tax division. I called Larry Bewley to ask him more questions as to how this works and to make sure what we need to do. He said that The bottom line on this is that we will be receiving a permanent reduction in homestead and agricultural credit aid (HACA). The HACA reduction applies whether or not the city is eligible to receive LPA. At this point, for this year, all we need to do is sign up for this and indicate we are in the process of working on a process. Next April we will need to recertify. The League of MN Cities will have more information on this as the year progresses, and as of now there are no models, as it has not been done before. It is up to the City of Otsego to determine this and is a way of looking at people as to if they are doing an efficient job for the money paid. He said if we don't sign up, we don't get the HACA money that has been reduced. (In other words, it is a way to control this by withholding money) STAFF RECOMMENDATION: Staff recommends that the City Council approve the certification of Local Performance Measures for Local Performance Aid Payable in 1997. The Mayor and one Council Member need to sign it. 10.2. Discussion of Sign for John Daniels Industrial Site on I-94 and Kadler. BACKGROUND: Mayor Freske asked to have this issue on for discussion of the Council. We have had this on prior agendas and John Daniels and his sign company were asked to apply for an amendment to the ordinance for the size of sign he wants, as it does not meet the regulations. There was also some discussion of his use of the facilities for a truck wash and lube repair area, and it not being in his original application, and not allowed in the Industrial area. John Daniels had also called me and said he did not think he was getting fair treatment from the City. He said he felt we did not want him or Industrial or Commercial businesses in the City of Otsego. I assured him we did. He also said he may want to be annexed into Albertville if he is not treated any better than this. This is on for further discussion by the Council and the Mayor explain further. Thank you, NIINNESOTA Department of Revenue Property Tax Division Mail Station 3340 St. Paul, MN 55146-3340 Phone (612) 296-5141 April 22, 1996 TO: ALL CITY CLERKS, ADMINISTRATORS, MANAGERS, FINANCE DIRECTORS RE: CERTIFICATION OF LOCAL PERFORMANCE MEASURES FOR LOCAL PERFORMANCE AID PAYABLE IN 1997 Laws 1996, Chapter 471, Article 3, Section 48 provides for a new state aid for all qualifying counties and cities beginning in calendar year 1997. This new aid is called Local Performance Aid (LPA). In order to qualify for this new aid, your city must have a system of performance. measures for services provided by the city, and must regularly compile and present these measures to the city council at least once per year. If there is currently no system of performance measures in place, your city may still qualify for this aid if it is in the process of developing and implementing a system of performance measures. However, eligibility based upon being in the process of development may not be used for more than two consecutive years. For the purpose of the enclosed certification form, "in the process" may include having the subject of performance measures on the agenda of the city council. The city should then use the time period between this year's certification and next year's certification to develop basic measures such as "workload," unless it has already moved beyond this stage. The second year of "in the process" must be used to move to a higher level of performance measurement, such as measuring efficiency and effectiveness. All cities should be able to qualify to receive LPA in the first year of the aid program. This new aid will be determined as follows for calendar year 1997: The total amount of aid available for cities is $441,735 plus $1 times the most recent population of each qualifying city. A per capita aid amount is then determined by dividing the total aid available by the total population of all cities that qualify for the aid. Each qualifying city would then receive an aid amount based on its vopulation times the per capita aid amount. It should be noted that the $441,735 is appropriated from the general fund, and the additional amount ($1 times the most recent population of each city) is a permanent reduction in each city's homestead and agricultural credit aid (HACA). The HACA reduction applies whether or not the city is eligible to receive LPA. Distribution of this new aid will be based on yearly certifications for each qualifying city. Cities will be required to submit an annual certification in order to receive LPA payable in calendar year 1997 and subsequent years. LPA will be paid in two equal installments on July 20 and December 26 of each year, beginning in 1997. Qualifying cities will receive a certification of their 1997 LPA by July 31, 1996. (continued) An equal opportunity employer TDD: (612) 215-0069 Form LPA - Cl Cortification of Local formance Measures for Local Performance Aid Payable in 1997 Complete and return to: Minnesota Department of Revenue. Property Tax Division. Mail Station 3340. St. Paul, Minnesota 55146-3340 Phone: (612)296-5141 Name and mailing address of governmental unit Name of person filling out form Telephone County of location 1. Does your city have a system of performance measures for services provided by the city, and are these measures regularly compileo and presented to the city council at least once each year? YES NO 2. If the answer to question 1 above is no, is your city in the process of developing and implementing a system of performance measures? YES NO This form must be returned to the Minnesota Department of Revenue, Property Tax Division, by .lune 30,1996 in order for your city to be eligible to receive Local Performance Aid payable in 1997. Note: City certifications must be signed by the Mayor anal by a member of the City Council. We do hereby certify that, to the best of our knowledge and belief, the fads presented in this certification are true and correct. Signature of Mayor Signature of City Council Member Date Claims List for Approval For the period 04/25/96 to 04/30/96 TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM ICMA RETIREMENT TRUST PAY PERIOD ENDED 4/20/96 04/25/96 1497 407.28 —PuBt i e i �I z �—arirrr�vrELK --i?r'ozT i cv arTl I SS !tiEv!6l1FiE41'20,'96 0-4.42b ^` ' ^99 =,'03 i6 I zc � u ZJ za a STATE CAPITf r w a `PAY PES ENDED 4/24` 6 04/25!96 1501 125. 00 ?6 :: MEDICA 3'"� MAY PREMUM... ` ' ` 04/25/96 1502 1'555.75 z zai Z`I W MARGIE A. BLOOM.' ' _.REFUND DAMAGE DEPOSIT 04/25/96 1503 400.00 _2' ,,! I -TA DENTAL s �;= MAY PREMIUM 04/25/96 191-30 ,. _1504 3,4133 w 371 MN STATE.TRE - >. SURCHARtaE PAYABLE AtJAi T :.- 04w'26096 04/25/96 1506 63 .00 JUDY HUDSON "y CASH FOR CLEAN U'OA y 04/30/96 1507 200.00 7s .a 10 TOTAL FOR MONTH 7,816.8E <jl < I 43 TOTAL YEAR ' TO 68,580.7C so - i d Claims List for Approval For the period 05/01/96 to 05/09/96 TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM ELAINE BEATTY REIMBURSE MEDICAL EXPENSE 05/09/96 1508 128.66 ICMA RETIREMENT TRUST DEFERRED COMP -PAY PERIOD 5/4/96 05/09/96 1509 514.2P PUBLIC EMPLOYEES RETIREMENT FUND MONTHLY h PAY PERIOD 5/4/96 05/09/96 1510 921.84 BANK OF ELK RIVER PAY PERIOD MONTHLY & 5/4/96 05/09/96 1511 3,152.05 s 5 DGJI V1JrVJMI_ JGRVIVG F"IMI RCI.I VI_11.1V BOISE CASCADE OFFICE PRODUCTS OFFICE SUPPLIES VZ)/V'7/70 1J1Y 05/09/96 1515 1q, .s STEPHEN CONROY,,ATTORNEY ` LEGAL SERVICES -CLEANUP COMPLAINT t.`,' 05%09/94'1517 99.00 �Ji DJ'S TOTAL ;MOMr~, CENTER"°' DUERRS SERVICE CONCRETE MIX SAIL ;:' 05/09/96"1518 n��0o/oF Isla 19.11 1e 7n WATERCARE -D! EAST SIDE LEASING CO. COPY MACHINE RENTAL 05/09/96 1520 237.92 '! EAST TONKA SANITATION MARCH RECYCLING 05/09/96 1521 296.25 z ECM PUBLISHERS INC NEWIFTTFR DTSTRTRIITTDN,NOTTCFS 05/09/9 F. 1522 1 787 Al ' HUNT'S FEED & GARDEN CENTER SHADY LAWN MIX E RYE 05/09/96 1526 638.24 EDWARD KRAEMER & SONS, INC 1 API ANT SANTTAT70N TNC AG -LIME f TTY HAI I f;ARRARF-RFC'Y['I TNG 05/09/96 nS/n9/9F, 9 ELK RIVER MUNICIPAL UTILITIES ELECTRIC SERVICE 05/09/96 1523 856.62 z ' FIRST CHOICE LAWN CARE 41 THE HARDWARE STORE SPRING CLEANUP -FERTILIZER IHRF SPADF RTT C'IAMP RAST RFMnVFR 05/09/96 () S / () 9 / 9 P<l 1524 1S2S 375.00 RR 1d0 ' HUNT'S FEED & GARDEN CENTER SHADY LAWN MIX E RYE 05/09/96 1526 638.24 EDWARD KRAEMER & SONS, INC 1 API ANT SANTTAT70N TNC AG -LIME f TTY HAI I f;ARRARF-RFC'Y['I TNG 05/09/96 nS/n9/9F, 1527 1 S7R 621.18 !;A4 7'2 Claims List for Approval For the period 05/01/96 to 05/09/96 _ _CLAIM Tr. TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM jai BFI - WOODLAKE SANITATION SERVICE APRIL RECYCLING 05/09/96 1548 318.75 -3I - 1 V "I PLANNING CONFERENCE 1996 PC,COUNCIL & STAFF -PLAN 64ER£NCE. 05/09/96 1550 195.00 CORROW LAWN & IRRIGATION SERVICE CONTRACT-SPINKLER SYSTEM 05/09/96 1551 130.00 LINNEA WILLIS REFUND DAMAGE DEPOSIT 05/09/96 1552 180.00 7.ERRY ni SnN APRT, RIIII nTNr` T NSO FEES 05/0!R/96 155-1 7 470 Si7 D' 1 TnTAI FOR MONTW Zd O7F. F. `2 I "' TOTAL YEAR TO DATE 94,790. , 7o��.oy 113 D ,Od `, MAC-HTNF PARTS X S11221 TES OS/n4l4f. 1 574 7d 'a, _ 'a LONG & SONS APRIL SERVICE 05/09/96 1530 771.06 MINNEGASCO GAS SERVICE 05/09/96 1531 518.55 :i MINNESOTA COPY SYSTEMS INC. 2 MONTHS COPY USAGE 05/09/96 1532 417.41 2 ! MINNESOTA UC FUND NAPA QF FI K RTVFR TNr 1ST QUARTER UNEMPLOYMENT -PHILLIPS RATTFRY R RI II R 05/09/96 n5lnQ/Q! 1533 1r,1A 688.86 _ 14118 ' NORTHERN AIRGAS OXYGEN 05/09/96 1535 10.86 4I ° JACQUIE ROGNLI ;CHAPRFP A SnNc, NEWSLETTER FTI TFRS RI Ar1FS RFI IS HYDRAIII Tf CAP 05/09/96 05/nQ/96 1536 1 537 400.00 _-123 dd ° SOFTRONICS COMPUTER MAINTENANCE & KEYBOARD 05/09/96 1538 253.25 'i ° ST JOSEPHS EQUIPMENT INC IINTVFRSTTY nF MN PARTS YFAR TT r'1 ERKS TNSTTTIITF 05/09/96 n5/ngLg6 1539 1540 38.67 320 00 ° _I U.S. WEST COMMUNICATIONS PHONE SERVICE 05/09/96 1541 438.88 `ZH G WEBER OIL COMPANY GAS,DIESEL, FUEL OIL 05/09/96 1542 1,025.17 Z' '4' WRIGHT COUNTY SHERIFF'S DEPT LIRTC'HT CNINTY AI1nTTnR-TRF6S11RFj0 MARCH SERVICE FIRST U61 F TAX FS DEAVV WOIISE 05/09/96 nS/OQ/QF. 1543 1544 8,030.00 SRO 60 LR=r"WT f N1NTY WTnWLIAY nFOT sinus x SIIODI TFS - OS/09/96 1545 Q 73 �j WRIGHT-HENNEPIN CO-OP ELECTRIC ASSN ELECTRIC SERVICE 05/09/96 1546 831.93 i1 NORTHWEST ASSOCIA.TEO"'CONSULTANTS APRIL PLANNING SERVICES 05/09/96 1547 4,786.26 jai BFI - WOODLAKE SANITATION SERVICE APRIL RECYCLING 05/09/96 1548 318.75 -3I - 1 V "I PLANNING CONFERENCE 1996 PC,COUNCIL & STAFF -PLAN 64ER£NCE. 05/09/96 1550 195.00 CORROW LAWN & IRRIGATION SERVICE CONTRACT-SPINKLER SYSTEM 05/09/96 1551 130.00 LINNEA WILLIS REFUND DAMAGE DEPOSIT 05/09/96 1552 180.00 7.ERRY ni SnN APRT, RIIII nTNr` T NSO FEES 05/0!R/96 155-1 7 470 Si7 D' 1 TnTAI FOR MONTW Zd O7F. F. `2 I "' TOTAL YEAR TO DATE 94,790. , 7o��.oy 113 D ,Od A Hakan'son Anderson Assoc., Inc.. May 9, 1996 Ms. Elaine Beatty City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Lin -Bar Estates Engineering Fees Dear Elaine: 3601 Thurston Avenue Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3401 I have reviewed the invoices paid by the City for the engineering review of the above mentioned plat. The applicants objected to the inclusion our fee to set up the pond easements on the property. We will revise our invoice OT2134a to reflect the reduction of $431 .78. We will then credit the City that amount in form of a check. The developers should note that the turn lane issue which was resolved at Wright County to their benefit was $626.51. Therefore, the engineering cost to review the preliminary plat was $2406.32, which includes several reviews of revised plans. This amount does not include the Turn Lane issue. I hope this meets with a satisfactory response from the Developers. Please contact if you have questions. Yours truly, HAKANS AND RSON ASSOCIATES, INC. L r nce,,d. Koshak, PE kas cc: Phyllis Cokley, Financial Director Hilary Berry & Wilfred Lindenfelser Cathy Gray, Financial Director Engineers Landscape Architects File: ot2134.eb3 Surveyors