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10-14-96 CCCITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION ORIGINATING DEPT. MEETING DATE CONSENT AGENDA FINANCE OCTOBER 14,1996 ITEM NO: ITEM DESCRIPTION PREPARED By 5.1 CONSIDER ENGAGEMENT LETTER FROM ABDO, ABDO, & EICK FOR THE 1996 AUDIT P.Cokley Attached for your review and consideration is the engagement letter from the City's auditors, Abdo, Abdo & Eick for their services to perform the 1996 audit. Their letter indicates that their audit fee estimate for 1996 is $3,950. The fees for service will be based on actual time spent at their standard rates, plus travel and other out-of- pocket expenses. Their hourly rates vary according to the degree of responsibility and the level of personnel assigned to the audit. This estimate is based on our preparation of workpapers and preliminary trial balances and the assumption that there are not any unexpected circumstances. Should there be any significant changes, these issues will be discussed with the City Council before any additional costs are incurred. The firm of Abdo, Abdo, and Eick has performed the City's audit since it's full year of incorporation. The fee estimate for the 1996 audit is, I believe, fair and reasonable, and less than the proposed budgeted amount of $4,475 for 1997 expenditures. Therefore, it is recommended that the City Council approve the engagement letter as proposed by Abdo, Abdo, and Eick for the 1996 audit. I Ii l LS Gvl v II Off "' 4 1596 !A jl September 25, 1996 C�1:1 CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS Honorable Mayor and City Council City of Otsego Otsego, Minnesota This letter will confirm our understanding of the services we will provide for the City of Otsego for the year ended December 31, 1996. We will audit the general purpose financial statements of the City as of and for the year ended December 31, 1996. Our audit will be made in accordance with generally accepted auditing standards and government auditing standards and will include tests of the accounting records of the City of Otsego and other procedures we consider necessary to enable us to express an unqualified opinion that the financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. If our opinion is other than unqualified, we will fully discuss the reasons with you in advance. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will advise you, however, of any matters of that nature that come to our attention. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Member of American Institute of Certified Public Accountants Private Companies Practice Section uS EA�7 HICKORY TMEET SUITE C '01 EAN7 PEARL STREET IOM NORTHLAND PLAZA PO. BOX 11M FU BOR 10 TO WEST 00TH STREET MANKATO MINNESOTA 'AM2.1166 t1WAR1NNA, MINNESOTA iS0"10 MINNEAPOLIS. MINNESOTA SUN IW7) 62bt;:7 IMT) SSI u1)6 16111 S)t9M FAX 007) t66..1)V FAX 1107) owm FAX 16121 "&W0 City of Otsego September 25, 1996 Page Two -A—EM-— Cexnmw Punic A couwANn AND CONSULTANTS We understand that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the maintenance of adequate records and related internal control structure policies and procedures, the selection and application of accounting principles, and the safeguarding of assets. Our audit is not specifically designed and cannot be relied on to disclose reportable conditions, that is, significant deficiencies in the design or operation of the internal control structure. However, during the audit, if we become aware of such reportable conditions or ways that we believe management practices can be improved, we will communicate them to you in a separate letter. Our fees for these services will be based on the actual time spent at our standard hourly rates, plus travel and other out-of-pocket costs such as report production, typing, postage, etc. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Based on our preliminary estimates, the fee will note exceed $3,950 for 1996. The estimate is based on anticipated cooperation from your personnel in the preparation of supporting workpapers and preliminary trial balances as we have discussed and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We appreciate the opportunity to be of continuing service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, ABDO, ABDO & EICK Certified Public Accountant gayM. Abdo, CPA Minneapolis Office City of Otsego September 25, 1996 Page Three RESPONSE: This letter correctly sets forth the understanding of the City of Otsego. By: Title: Date: -A� RAMO C xnnm Pumx AL vwrAmm AND CCNSULTANTS CITY OF OTSECO REQUEST FOR COUNCEL ACTION fl AGENDA SECTION: DEPARTMENT: MEE`T'ING DATE fl R5. CONSENT AGENDA CITY CLERK Oct 14, 1996 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 5.2. Consider Land Filling Permit for D b Y Family Limited Partnership BACWRQUND • D & Y Family Limited partnership Land Filling Permit has been applied for and reviewed by the City Engineer. He has determined that the information complies with Section 24-2A of the Zoning Ordinance. He has also recommended approval of the permit. This fill is being requested in conjunction with the Mining Permit #2 by D & Y Family Limited Partnership. (See attached information Re: this application) STAFF REC<*24ENDATION : Approval of the Land Filling Permit as per Professional Staff recommendation as they have met conditions of Section 24-2A of the Otsego Zoning Ordinance. Thanks, r Elaine 7 Hakanson Anderson ASSOC., Inc. October 8, 1996 Ms. Elaine Beatty, Clerk City of Otsego 8899 Nashua Avenue Otsego, MN 55330 RE: D & Y Family Limited Partnership Land Filling Permit Dear Elaine: 3601 Thurston Avenue Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3'401- 0620 We have reviewed the permit application dated September 26, 1996 by the owners of the land fill and find the permit application in order. The information on the application complies with Section 24-2A of the Zoning Ordinance. The applicant is required to inform the City of any major change to the landfill either removal of a single stockpile or addition of another stockpile. The plan submitted should be kept current if change occurs. It is our recommendation that the City who are in need of topsoil for shouldering the Mississippi Shores project and for various other uses, agree to pay the landowner $1.00 per cubic yard (truck count) for up to approximately 1,000 CY taken from the land fill. The City will load and haul to material. The matter must also be agreeable with the landowner. I recommend approval of the permit and the purchase of the topsoil. If you have any questions, please contact me. Sincerely, HAKA4ne ANDERSON ASSOCIATES, INC. L shak, PE 119 Enclosure cc: Gil M. Darkenwald Engineers Landscape Architects OT901.eb5 Surveyors MEOW D & Y FAMILY, LIMITED PARTNERSHIP 7535 N.E. River Road O - 1 1996 Elk River, MN 55330 u (612)441-3700 �1 (612)441-3751 fax _ September 26, 1996 Elaine'Heatty, City/Zoning Administrator City of Otsego 8899 Nashua Avenue N.E. Elk River, MN 55330 Re: Permit to stockpile material on D & Y Family Limited Partnership property Dear Elaine: In reply to my letter- of September- 10, 1996 requesting the permitting procedure for stockpiling material on our property, -Larry Koshak faxed me section 24 of the "Land Filling Operations Ordinance". A copy of that cover sheet is attached along with the application fee of $75.00 and the information requested by Section 20-24-2 of that ordinance. Information is presented in the format of that Ordinance. ','1) D & Y Family Limited Partnership 7535 N.E'. -aver Road E 1 k: River, MN 55330 "'2) Same as Item #1 :) Parcel "A" - 56 acres, section 26, twp 121 Range 23 PID: 118-500-262201 GA Parcel "B" - 98 acres, section 27, twp 121 Range 2.3 PID: 118-500-271400. GA 4) 5) Stockpiled material will be utilized for future parcel development A) Source of material - Rogers, Minnesota B) Type of material - Black: soil/top soil C) Amount of fill (compacted volume) Site (1): 3500 c.y. Site (2): 4500 c. y. Site (3): 6250 c. y. State Highway No. 101 and Quaday Avenue N.E. Two weeks - now completed Attached Stockpile only; finish grade to be specified; stockpiled in not affected by erosion; stock:piles will be fine graded for - vegetative growth. The proposed activity in no way jeopardizes public health, or welfare. The applicant intends to comply with Otsego provisions. The $75.00 fee is enclosed. areas safety City of Otsego officials may inspect the stockpile operation. Sincerely, XI,, Gil M. Darkenwald Managing Partner D & Y FAMILY LIMITED PARTNERSHIP 7535 NE RIVER ROAD ELK RIVER, MN 55330 y 75-384 9,9 1 $ �- n. �A= ammo #�0zM J.z=O aN +N>M om0 110 FIRST NATIONAL BANK OF ELK RIVER ,6121 441.2200 729 MAIN STREET - ELK RIVER. MN 73330 .m 11200 1 10611' 1:09 L903844o: 01,1038- 2 1r."m . rz.;N. d x I 3 �c •` D & Y FAMILY LIMITED PARTNERSHIP 7535 NE RIVER ROAD ELK RIVER, MN 55330 y 75-384 9,9 1 $ �- n. �A= ammo #�0zM J.z=O aN +N>M om0 110 FIRST NATIONAL BANK OF ELK RIVER ,6121 441.2200 729 MAIN STREET - ELK RIVER. MN 73330 .m 11200 1 10611' 1:09 L903844o: 01,1038- 2 1r."m C Darkdnwald Concept Plan Ssc.22 T.121 R.23 I t Sec.23 T.121 R.23 OL'o NW R % IK I \% O z '�\\R -1 4 I S Sec.27 T.121 R.23 ec.26 T.121 R.13 -.:4 z l 4-01 1M.4 c:::D CC 0 11 'L 4ksola A-2 R-1central Water an Sewer System Sewer System/ J. 11 'L 4ksola CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION DEPARTMENT MEETING DATE [::::5. Consent Agenda October 14, 1996 ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 5.3. Mayor's Portrait Judy Hudson DC BACKGROUND As all of you are aware, Norm is Otsego's first Mayor and this gives the City the opportunity to start a precedent for portraits of all Otsego's Mayors. THE MAYORS HALL OF FAME!! I checked with David's Photography in Monticello. The sitting price is $26.00, a 11x14 is $99 and the framing would be around $50.00 of course there would also be sales tax and possibly touch up. David's has done other work for the City and does an excellent job. STAFF RECOMMENDATION Authorize the FIRST PORTRAIT OF THE FIRST MAYOR TO START THE MAYORS HALL OF FAME FOR THE HISTORY OF OTSEGO! ! ! ! CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SEC'T'ION: DEPARTMENT: MEETING DATE 6. BOB KIRMIS, ASST, CITY PLANNER -CITY CLERK Oct 14, 1996 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 6.1. Consider Side Yard Setback Amendment to Zoning Ordinance. BACSOROUND• This item was initially ordered for Amendment from the City Council. The reason being the setback is 15' in R-3 Residential Zoning for sideline setback. The builders are having a hard time placing the larger homes with 3 -car garages on the lots which have overlay subdivisions for sewer and water. Changing the setback to 101 to comply with the future sewered lot is being recommended. The Planning Commission had a Hearing on this issue on August 7, 1996 and voted to change the setback as mentioned above. Motion was unanimously approved to change the setback to 10' from 15' for sideline in R-3 zoning. (See attached information from Bob Kirmis Re: Zoning Ordinance Amendment Sideline Setbacks dated June 12, 1996 and Draft Ordinance) STAFF RECOMMENDATION: Staff recommends the P. C. R-3 Zoning to 10' from 15 Th ks, Elaine Recommendation of the change of setback in for sideline. Northwest Associated Consultants, Inc. C O M M U N I T Y PLANNING • DESIGN • MARKET R E S E A R C H MEMORANDUM TO: FROM: DATE: RE: FILE NO: Otsego Planning Commission Bob Kirmis 12 June 1996 Otsego - Zoning Ordinance: Side Yard Setbacks 176.08 - 96.06 Attached please find a draft amendment to the R-3 District provisions of the Zoning Ordinance which would reduce the required side yard setback from 15 to 10 feet. As you are aware, single family homes within new R-3 developments are required to be placed so as to allow for future resubdivision. Such placement typically provides a 45 foot wide building pad (75 foot lot with 15 foot side yard setbacks). While such home location requirements have been successfully applied in the past, the provided building pad width is not particularly conducive to homes with three car garages. Additionally, the 15 foot side yard setback is not consistent with that applied to 75 foot wide sewered lots (10 foot side yard setback imposed). To more readily accommodate homes with three car garages, the City Council has directed the preparation of an ordinance amendment which would reduce the current 15 foot side yard setback imposed in R-3 Districts to 10 feet. The draft amendment is scheduled for discussion at the forthcoming 19 June Planning Commission meeting. PC: Elaine Beatty Andy MacArthur Larry Koshak 5775 Wayzata Blvd. - Suite 555 - St. Louis Park, MN 55416 - (612) 595 -9636 -Fax. 595-9837 9 DRAFT - DRAFT - DRAFT ORDINANCE NO. 96 - CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING SECTION 55 OF THE OTSEGO ZONING ORDINANCE RELATING TO R-3 DISTRICT SIDE YARD SETBACKS. THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS: Section 1. Section 20-55-6.6.2 of the Otsego City Code (R-3 District side yard setback requirements) is hereby amended to read as follows: 2. Side Yard: Ten (10) feet. Section 2. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this day of ATTEST: in CITY OF OTSEGO Norman F. Freske, Mayor Elaine Beatty, City Clerk/Zoning Administrator CITY OF. OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 6. BOB KIRMIS, ASST, CITY PLANNER -CITY CLERK Oct 14, 1996 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 6.2.Consider Roger and Darlene Marz, 15683 NE 70TH ST, Otsego, NN PID #118-500-341201 A. A CUP to allow a one per forty split of Agricultural land larger than 2-1/2 acres. BACKGROUND: The above split came to the P.C. for hearing on October 2, 2996. The applicant had previously split, lengthwise, a 80-acre.parcel into 2 - 40 acre parcels. This split is to split off the buildings and deed restrict the rest of the 40 -acres until it is allowed to be rezoned. The Planning Commission approved the split unanimously. (See attached P.G. Minutes for details). Also attached is. the Findings of Fact from NAC. STAFF RECOWONDATION: Staff recommends the P. C. Recommendation of approval of the one per forty split larger than 2-1/2 acres with conditions of NAC`s Report. Thanks, Laine CITY OF OTSEGO PLANNING COMMISSION MEETING OCTOBER 2, 1996 - 8 PM Chair Swenson called the Planing Commission meeting to order at 8:00 PM. ROLL CALL: Chair; Carl Swenson, Commissioners; Ing Roskaft, Eugene Goenner, Arleen Nagel, Jim Kolles, Richard Nichols. Commission Member Bruce Rask arrived at 8:20 PM. Council Representation: Larry Fournier Staff: Bob Kirmis, City Planner, Larry Koshak, City Engineer, Andrew MacArthur, City Attorney, Elaine Beatty, City Clerk /Zoning Administrator, Carol A. Olson, Secretary. 2 Consideration of Minutes_ofL996�- Ing Roskaft motioned to approve Planning Commission Minutes of September 4, 1996, as written. Richard Nichols seconded. All in favor. Motion carried. Z HEARING and,iarien0th Street. Otsego. MN_. React is ac follows: 1. A CUP to allow a one per forty split of Agricultural land larger than 2-1/2 Acres. Chair Swenson read Planning Commission Hearing procedures. Elaine Beatty, City Clerk, stated that all publishing and posting had been done. Mr. Kirmis read applicant's request and NAC's report dated Sept. 23, 1996, regarding the CUP request to allow for a one per forty o the Pot size.. Kirmis pointed out NAC feels conditions for lot size ha e of discussion. One, is justification been met. Two, concern regarding existing silo setbacks. One of three options should be implemented. Option 1. The western lot line be shifted eastward to exclude the silo. Option 2. The silo be removed. Option 3. The western lot line is shifted westward to comply with minimum 10 ft accessory building side yard setback requirements. Northwest Associated Consultants (NAC) recommends approval of the requested Conditional Use Permit (CUP) subject to the ten conditions, which Mr. Kirmis read. Chair Swenson asked applicant if he wished to comment. Mr. Roger Marx - stated that the silo has been taken down. The mound system has been installed and inspected by the City. Chair Swenson opened the hearing to the public. No one wished to be heard. Closed the hearing and brought back to Planning Commission for questions and comments. PLANNING COMMISSION MEETING of October 2, 1996 cont'd Page 2 Richard Nichols - City Engineer requires a drainage easement on the east property line. Is Mr. Marx aware of that and is that acceptable. Mr. Marx stated that it was. Chair Swenson reopened and closed hearing to the public afterno comments and brought back to Planning Commission. Ing Roskaft motioned to approve applicants request for a CUP according to recommendations. Seconded by Arleen All i 1996. favor. Motion carried. This will be on the City Council Agenda of October 1. Rezone A-1 Agriculture to B-3 General Business District 2. Subdivision of Outlot A, MRD Commercial Park 2nd Add. 3. CUP to allow minor auto repair in the district Chair Swenson read applicant's request to construct a 7,500 sq. ft. minor auto repair facility. City Clerk, Elaine Beatty, stated that the proper posting and publishing had been made. Mr. Kirmis read NAC's report dated September 23, 1996. To accommodate this request three (3) approvals are necessary. (Listed above) Each being dependent on preceding approval. Based on review, the request to rezone is consistent with the city's land use plan and justification exists to warrant approval. If City Council approves rezoning from A-1 Agriculture Rural Service to B-3, General Bu�sND TaoNs 1. A thru G and 2esignation, all SA thru T listed in NAC report dated Sept. 23, 1996 RECO� be met. Note - we have not received a landscape plan which is required. Note - one condition is "no outside storage". The engineer has a matter of cgty policy to bed 88th St. access. Issues of land use appropriatenesa determined by the city officials. If rezoning is approved, NAC recommends approval of the preliminary and final plat and conditional use permit subject to conditions. Mr. Koshak read letter from Hakanson Anderson Assoc., Inc. dated September 25, 1996 listing their concerns. Concern being access, if access is allowed, conditions are recommended. Current topography must be shown on the plan. The Storm Water Drainage plan does not address runoff conditiontraffapatterns cannot be sufficiently for storm water runoff. Without a preliminary plat addressed. Mr. Koshak stated that these issues need to be addressed. Chair Swenson asked the applicant if he wished to comment. Mr. Wally Klus - representing Mr. Ensminger and Mary Dare, property owner. Addressing the city engineer's letter, the road access is temporary until such time 88th Street is completed. We want to be on record that when the road is completed Mr. Ensminger will pay his fair share. PLANNING COMMISSION MEETING of October 2,1996 cont'd Page 3 We have not run a current topography. We have a topo survey of that area and we can do that without a problem. Concerning the drainage, the final plan will have to consider that which Mn/DOT put in to take the water into the drainage system. The applicant is interested in water and sewer. The drawings are preliminary until the completion of the road. Chair Swenson opened the hearing to public for comment. There was none. Hearing was returned to the Planning Commission. Eugene Goenner asked Mr. Koshak if a temporary access should not be put in. Mr. Koshak - It is unusual for an industry not to have direct access to a street. We are looking for a positive way for the developer to commit to construction costs regarding the road. The drainage issue has to be resolved. Also we have to have configuration worked out for the entrance. There was much discussion regarding the road access, continuation of 88th Street along Hwy 101 and Co. Rd. # 42 south to Quaday. A cul -du -sac could be put in at this time with their own funds. Drainage issues were discussed and also how it should be done. Escrow could be required whether it be a letter of credit or bonding. Chair Swenson opened hearing to the public for comment. There was none. Hearing was closed and brought back to the Planning Commission. Bruce Rask and Richard Nichols expressed concerns with the temporary access. Mr. Koshak stated that this is on the MSA street program and there are certain conditions as to how the road and funding for the road can be done. City policy is that local street costs are paid for by the developer and the rest would come out of MSA money. A cul -du -sac is not part of the approved plan for this road. Regarding 1. To rezone A-1 Agricultural to B-3 General Business District. Mr. Kirmis - There is adequate information regarding the first portion of the request for rezoning of the property. Eugene Goenner motioned to rezone MRD (Outlot A) property from A-1 Agriculture to B-3 General Business Designation. Arleen Nagel seconded the motion. All in favor. Motion carried. The second portion of the request, the sub -division of Outlot A, MRD Commercial Park 2nd Add. The city engineer has asked for topography information addressed as part of the conditions upon approval. PLANNING COMMISSION MEETING of October 2, 1996 cont'd Page 4 The third portion of the request, the CUP, there are two submission requirements that have not been met. One condition is the building elevations and the other is regarding landscape plans. Conformance to all conditions will be required. Mr. Kirmis stated that the Planning Commission could continue action. We have met with the applicant at a staff meeting and he is aware of the condition of no outside storage. My own view is that this does not include a vehicle waiting to be picked up once work is done. Chair Swenson opened hearing to the public. No one wished to be heard. Closed public hearing and brought back to Planning Commission. Eugene Goenner motioned to approve MRD Commercial part two (2)Addition with the construction of 88th Street to the edge of the property line with recommendation to the City Council to extend street to edge of line. Richard Nichols seconded. All in favor. Motion carried. Mr. Kirmis asked for clarification. Is the motion to require construction to the southern property line of this site and to the end of the platted area. Chair Swenson asked staff if the motion was correct. Mr. Kirmis - Technically, it is hard to construct a road unless you have the ROW. It could be done to the end of the platted ROW. Chair Swenson - does the Planning Commission wish to reconsider and amend the motion. Richard Nichols moved to reconsider the motion. Ing Roskaft seconded. All in favor. Motion carried. Eugene Goenner motioned to amend motion to state specifically, "to the end of the property". Richard Nichols seconded. All in favor. Motion carried. Mr. Kirmis asked if the intent is to include conditions cited in NAC report. Eugene Goenner -yes. 3. A CUP to allow minor auto repair in the district Chair Swenson - regarding the CUP, what is the wish of the Planning Commission. Richard Nichols motioned to approve CUP to allow minor auto repair facility within a B-3 General Business District subject to conditions cited in NAC report. Seconded by Ing Roskaft. All in Favor. Motion carried. I Fis item was at fie "- PLANNING COMMISSION MEETING of October 2, 1996 cont'd Page 5 Chair Swenson went over applicant's request. City Clerk, Elaine Beatty stated that proper publishing and posting has been met. Mr. Kirmis - this is approximately a 45 acre piece of land located north of Co. Rd. 37 and east of O'Dean Avenue. Property is currently zoned A-2, Agricultural long range urban service and has been deed restricted as part of the previous Lind -Bar Estates subdivision approval In addition the applicant has requested approval of a concept plan. Based on the review, NAC is of the opinion that development is premature at this time. The applicants have indicated that they are proposing high end type homes in that area. While policies tend to discourage the proposed use there are goals and policies which support the proposed use as listed in NAC's report dated September 23, 1996. Mr. Kirmis also read the conditions if request is approved. Mr. Koshak went over concerns and comments regarding the urban service area, storm water drainage, streets, and storm water impact fees listed in Hakanson Anderson report dated September 24, 1996. Mr. Koshak recommended a sewer plan. There should be a plan to handle environmental issues before expansion outside the urban service area. Hilary Barry, Secretary Treasurer, Lin -Bar Development, Inc.- Didn't entirely agree with reports. Stated that an Industrial Park was initiated by the city for the area. Five lots are developed at this time. Stormwater drainage, holding ponds have been put in to take care of all the water from their property. Believes it to be an ideal location for high end homes. It is accessible and has good soils for septic systems. Mr. Barry thanked the Commission for any consideration. Chair Swenson opened hearing to the public. Closed the hearing and brought back to the Planning Commission for questions or comments. Larry Fournier - Questioned Mr. Koshak about allowing one acre lots outside the immediate urban service area without a commitment to water and sewer. Mr Koshak - A positive direction is needed toward a plant or collective system. By doing work toward necessary studies needed to expand the service area. Expanding any more outside the urban Service area is not recommended at this time. Chair Swenson opened the hearing public. None Hearing was closed and brought back to Planning Commission. Eugene Goenner agreed with city planner and city engineer in considering request premature and doesn't feel this is a unique situation. Richard Nichols agreed sewer and water is needed before developing outside IUSA. Bruce Rask motioned denial of the rezoning from A-2 Agricultural, Long Range Urban Service Area to PUD. Seconded by Aleen Nagel. Ing Roskaft opposed. Motion carried six to one. Elaine Beatty - this will be on the City Council Agenda of October 14, 1996 at 6:30 PM.. PLANNING COMMISSION MEJETING of October 2, 1996 cont'd Page 6 6 HEARING Initiated by the City Council of Otsego Re: Proposed Zoning Ordinance Amendment nddreydnQ nimal fee lot reglilatio s and -changes to the Comprehensive Plan. Mr. MacArthur - In updating, the City Council rejected the Planning Commission's recommendation and at the last workshop meeting directed staff to draft a new ordinance and set it for hearing. The ordinance is substantially different and was presented to City Council at the last council meeting and approved with a few slight changes. Referring to the correspondence of September 18 and 23, 1996, Mr. MacArthur stated that during the course of the workshop meeting additional information was provided to City Council that was not earlier provided to Planning Commission in the form of maps. Map A locates all residence in the city with 500 foot setbacks, Map B with 1,000 foot setbacks, Map C with 1,500 foot setbacks. Showing the urban area left for Feedlot operation with those setbacks. Based upon the maps and upon policy determination, it was their determination to prohibit new feedlots within the city and prohibit expansion of existing feedlots within the city, but would allow present operations to proceed. Based on that I did draft an ordinance. Mr. MacArthur went over memo dated September 18, 1996, giving the basic outline. The council was concerned with Sec. 20-15 regarding reconstruction. Legal non- conforming allows the farm to be transferred and would not be a change in operation as long as the legal non -conformity would keep within perimeters. Mr. MacArthur requested that the Planning Commission make a motion to accept all material into the record, as well as that material submitted at the prior Planning Commission hearings on the previous versions of the feedlot ordinance. (Attached) Mr. MacArthur read the proposed language for amendment to the Comp. Plan changes on page 33, policy number 4, page 34, policy number 7, and page 90 adding a paragraph. Mr. MacArthur read summary of Otsego Planning Commission Submissions for the record and recommended that the Planning Commission make a motion to accept all submitted material into the record, as well as that material submitted at the prior Planning Commission hearings on the previous versions of the feedlot ordinance including the three maps. Bruce Rask motioned to accept all of the previously submitted material for the record. Seconded by Arleen Nagel. All in favor. Motion carried. Chair Swenson opened the hearing to the public. Greg Lefebvre 15033 70th St. NE Stated that he is the representative for this commissioner district for Extension for Wright County and was disappointed that their involvement was discouraged. Extension Service Reports were submitted as Exhibits A, B, C. Ellen Miller Concerned with Agriculture changes to the Comp. Plan regulations Oakwood Ave hurting the small hobby farms. PLANNING COMMISSION MTETING of October 2,19% cont'd Page 7 Gerard Zachman 6194 Oakwood Concerned with manure application setbacks. He doesn't approve of those setbacks. Concerned that the farmer is being voted out. Concerned with water problems from development. Mark Berning 11800 80th Street He doesn't believe the city will develop fast. Why was there a feedlot committee when city council didn't listen to them. We became a City for three reasons. One to get MSA funds. Two to prevent annexation. Three to preserve Ag land. Tm Lefebvre Co. Rd. 37 This ordinance almost amounts to the taking of our businesses. The dairy business is still the largest industry in Otsego currently. The council is seeking new industry and commercial activity while destroying another one. Believes the local government has little authority in the permitting of feedlots. Doug Kolles 8700 Parish Ave NE Concern with growth restrictions. Farming is a business and expansion is needed Mark Berning At the Jan.24th workshop, the EDA stated that the proposed Feedlot Committee Ordinance was to go to the EDAAC. This was not done. Submitted the Jan. 24th Workshop Minutes as Exhibit D. Steve Goenner 7815 Nashua Ave NE Concerned with the cost. Grover Stelft Co. Rd. 37. Concerned with AU's in ordinance. Ag should be allowed to grow especially with today's technology. This proposal should be defeated. Chair Swenson closed the public hearing and brought back to Planning Commission. Arleen Nagel - Has a problem with not allowing expansion. Bruce Rask - The best way to promote farming is by restricting development. Agreed to waiting until water and sewer is in. Adopting this ordinance will not preserve farm land. We have three land use districts but according to this we only have two. PLANNING COMMISSION MEETING of October 2,19% cont'd Page 8 Richard Nichols - This topic has been a personal challenge to me. I've learned a lot, and changed opinion many times. The ordinance in front of us is considerably different then the committee came up with. Doesn't feel Otsego is a good place for new feedlots. Agreed that the sewer and water issue needs to be settled. Eugene Goenner what has changed now the city doesn't want to expand farms and not preserve Ag land. I haven't seen a great change in area. Concerned that feedlot committee's ordinance is being discarded. Larry Fournier - Against AU limits. Concerned with expansion being limited. Does not support the ordinance as written. Stated that the city council could not reach a consensus on the ordinance that was before them. It was decided that the city attorney present an ordinance. Chair Swenson re -opened hearing to the public for comment. Don Greninger 95th Street Concerned with taxes and inability to expand. Gabe Davis 6689 Packard Ave Concern with either allowing the farmer expansion or development. Need to make a choice one way or the other. Chair Swenson closed .the hearing and brought it back to the Planning Commission. Eugene Goenner made three proposals, one would be deny the ordinance, two would be to deny it with no recommendation to city council, three would be to table the matter. Chair Swenson agreed with parts of the ordinance and disagreed with other parts of the ordinance. Opposed allowing less than 20% expansion. Ing Roskaft motioned to not approve the feedlot ordinance as amended to the ordinance as presented. Richard Nichols seconded. Bruce Rask and Eugene Goenner were opposed. Motion carried five to two. Mr. Kirmis stated that technically first action should be do you want to change the policy. Chair Swenson - a motion is needed to change Comp. Plan. Richard Nichols motioned to deny change to the current Comp. Plan. Bruce Rask seconded. Motion carried unanimously. Ing Roskaft was absent. PLANNING COMMISSION MEETING of October 2,19% cont'd Page 9 Bruce Rask and Eugene Goenner stated they wanted it tabled so they could review further and council couldn't vote as to where this should be located. MRD Com. Park or E of Hwy 101 area. 7. Any other Planning Cnmmi-gAnn Business Elaine Beatty - regarding Item 4.A the letter from Wally Klus Reality. They are proposing a bus garage near the school. The reason this is before you is they would like to know any thoughts you might have. Richard Nichols motioned to table this until October 16,1996 at 8:00 P.M. Bruce Rask seconded. All in favor. Motion carried. 8. Adinurn Ing Roskaft motioned to adjourn. Bruce Rask seconded. All in favor. Motion carried. Planning Commission Meeting adjourned at 11:00 PM. Bruce Rask, Secretary Recorded by: Carol A. Olson G�te- i INC MEMORANDUM TO: FROM: DATE: RE: FILE NO: NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH Otsego Mayor and City Council Bob Kirmis 7 October 1996 Otsego - Marx CUP 176.02 - 96.19 Attached is a findings of fact for the Marx conditional use,permit request. Please note that the findings reflect the Planning Commission's recommendation. This item is scheduled for City Council consideration on 14 October. PC: Elaine Beatty Andrew MacArthur Larry Koshak 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 612-595-9636 FAX 6 1 2-595-9837 Ili CONDITIONAL USE PERMIT APPROVAL CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE: FINDINGS OF FACT AND DECISION Application of Roger Marx for a conditional use permit to allow the establishment of a residential lot greater than 2.5 acres in size within an A-1, Agricultural Rural Zoning District. On 14 October 1996, the Otsego City Council met at its regularly scheduled meeting to consider the application of Roger Marx for a conditional use permit. Based on 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 the establishment of a residential lot greater than 2.5 acres in size within an A-1, Agricultural Rural Zoning District (4.6 acre lot proposed). 2. The proposed lot is consistent with the applicable A-1 District density requirements. 3. The Legal description of the property (after the requested subdivision) is as follows: See Attached Exhibit A 4. Section 20-4-21 of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the proposed conditional use permit. The seven effects and findings regarding them are: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Considering that the subject lot is to overlay land which is considered marginal for agricultural production, the creation of the 4.6 acre residential lot is considered 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. The proposed 4.6 acre lot will encompass an existing residence, detached accessory structures, and ponding area. In this regard, the actual land use of the property in question will not change. The single family residential use is compatible with present and future land uses of the area. C. The proposed use's effect on the area in which it is proposed. The proposal is not anticipated to adversely affect the neighborhood. The proposed use and density are compatible with the surrounding area. d. The proposed use's impact upon the property values of the area in which it is proposed. The proposal will not negatively affect property values in the area. e. Traffic generation by the proposed use in relation to capabilities of streets serving the property. Traffic generated by the existing single family residential use is within the capabilities of County Road 37 (70th Street) which serves the property. f. The proposed use's impact upon existing public services and facilities including parks, schools, streets and utilities, and its potential to overburden the City's service capacity. The creation of the 4.6 acre residential lot shall not negatively impact existing public services and facilities. 5. The planning report dated 23 September 1996, prepared by Northwest Associated Consultants, Inc., is incorporated herein. 6. On 2 October 1996, the Otsego Planning Commission conducted a public hearing to consider the proposed conditional use permit application 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. K DECISION Based on the foregoing considerations and applicable ordinance, the applicant's request for a Conditional Use Permit to create a residential lot greater than 2.5. acres in size within an A-1 Zoning District is approved subject to the following conditions: To address the non -conforming side yard setback (related to the existing silo), one of the following actions are taken: a. The western lot line be shifted eastward to exclude the silo. b. The silo be removed. C. The western lot line is shifted westward to comply with minimum 10 foot side yard setback requirements (applicable to accessory buildings). 2. The Building Official provide comment and recommendation on well and sewage treatment issues. 3. Ten foot wide utility and drainage easements are provided along all lot lines. 4. An additional drainage easement is established over the lot's ditch, as recommended by the City Engineer. 5. Per the recommendation of the Wright County Highway Department, 50 feet of right-of-way (from roadway centerline) is dedicated for County Road 37. 6. Any new field access points (upon remaining ± 75 acres) are subject to approval by the Wright County Highway Department. 7. A deed restriction is placed upon the parcel which has exercised its development right to prohibit additional development. 8. The proposed subdivision is subject to park dedication requirements as determined by the Park and Recreation Committee. 9. The proposed minor subdivision is approved by the Zoning Administrator. 3 ATTACH PROPERTY LEGAL DESCRIPTION HERE EXHIBIT A ADOPTED by the Otsego City Council this 14th day of October 1996. ATTEST: In CITY OF OTSEGO By: Norman F. Freske, Mayor Elaine Beatty, City Clerk/Zoning Administrator 4 e CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 6. BOB KIRMIS, ASST, CITY PLANNER -CITY CLERK Oct 14, 1996 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 6.3. Consider Roger Ensminger, 9055 Ohland Ave NE, Otsego, MN Omer Mary Dare, MRD Commercial Park. A. Rezone A-1 Agricultural to B-3 General Business District B. Subdivision of Outlot A, MRD Commercial Park 2ND ADD. C. CUP to allow Minor Auto Repair in the District BACKGROUND: The above item came for Hearing at the Planning Commission of October 2, 1996 at 8PM. The Planning Commission voted unanimously to approve A. B. and C. above. (See attached P.C. Minutes for the Minutes and information on discussion and extention of road (88TH ST). The Findings of Fact are also enclosed. STAFF RECOMMENDATION: Staff recommends the P. C. Recommendation of approval of the following: A. Rezone A-1 Agriculture to B-3 General Business District, B. Subdivision of Outlot A. MRD Commercial Pare 2ND ADD. C. CUP to allow minor auto repair in the district The P.C. Recommendation came with conditions of NAC's Report and Larry Koshak's Letter, and the Street be continued to the end of the Ensminger lot. Thanks, �- Elaine NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Bob Kirmis DATE: 4 October 1996 RE: Otsego - Ensminger FILE NO: 176.02 - 96.20 Attached please find the following items related to the Ensminger minor automobile repair facility request: 1. Findings of Fact - Rezoning Approval 2. Zoning Map Amendment 3. Findings of Fact - Conditional Use Permit Approval The presented findings are consistent with the specific recommendations of the Planning Commission. Please note that street construction responsibilities are to be addressed as part of the subdivision consideration and would be incorporated into the development agreement. This item is scheduled for City Council consideration on 14 October. PC: Elaine Beatty Larry Koshak Andy MacArthur 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 ORDINANCE NO. 96 - CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION. THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS AS FOLLOWS: Section 1. The official zoning map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the following described property. Lot 1, Block 1, MRD Commercial Park 2nd Addition, City of Otsego, Wright County, Minnesota. Section 2. The above described property is hereby rezoned from A-1, Agricultural Rural Service District to B-3, General Business District designation. Section 3. The Zoning Administrator is hereby directed to make appropriate change in the official zoning map of the City of Otsego to reflect the change in zoning classification as set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this 14th day of October 1996. CITY OF OTSEGO Norman F. Freske, Mayor ATTEST: Elaine Beatty, Zoning Administrator/City Clerk k. IN RE: B-3 REZONING APPROVAL CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA FINDINGS OF FACT AND DECISION Application of Mr. Roger Ensminger to rezone a 1.7 acre parcel of land located south of 88th Street and east of County Road 42 from A-1, Agriculture Rural Service to B-3, General Business. On 14 October 1996, the Otsego City Council met at its regularly scheduled meeting to consider the application for the B-3 Rezoning. Based on 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 rezoning of the subject property from A-1, Agricultural Rural Service to B-3, General Business for the purpose of constructing a 7,500 square foot "minor" automobile repair facility. 2. The Legal description of the property is as follows: Lot 1, Block 1 MRD Commercial Park 2nd Addition, City of Otsego, Wright County Minnesota 3. Section 20-3-2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the proposed rezoning. The seven effects and findings regarding them are: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. The City's Comprehensive Plan (Land Use Plan) suggests commercial use of the subject property. In this regard, the proposed commercial zoning designation 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. Commercial uses either exist or are suggested on all sides of the subject property. Therefore, the proposed use is considered compatible with the area. C. The proposed use conforms with all performance standards contained herein (i.e., parking, loading, noise, etc.). As a condition of development approval, the proposed use will be required to comply with applicable provisions of the Zoning and Subdivision Ordinances. d. The proposed use's effect on the area in which it is proposed. The proposed use will not have an adverse impact upon the area in which the use is proposed. e. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Both 88th Street and County Road 42 have been designed to accommodate traffic volumes typical of commercial uses. As such, traffic generated by commercial use of the subject site is within the capabilities of streets serving the property. f. The proposed use's impact upon the property values of the area in which it is proposed. There is no evidence that the proposed use will depreciate area property values. While there are no guarantees in regard to future values, the proposed use is not anticipated to adversely impact area property values. g. The proposed use's impact upon existing public services and facilities including parks, schools, streets and utilities, and its potential to overburden the City's service capacity. The proposed use will not overburden the City's service capacity. 4. The planning report, dated 23 September 1996 prepared by Northwest Associated Consultants, Inc., is incorporated herein. 2 5. On 2 October 1996, the Otsego Planning Commission conducted a public hearing to consider the proposed rezoning application preceded by published and mailed notice. Upon review of the rezoning application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council approve the B-3 rezoning based on the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinance, the applicant's request to rezone the property legally described herein from A-1 to B-3 is approved in its present form. ADOPTED by the Otsego City Council this 14th day of October 1996. ATTEST: in CITY OF OTSEGO Norman F. Freske, Mayor Elaine Beatty, City Clerk and Zoning Administrator Q k IN RE: CONDITIONAL USE PERMIT APPROVAL CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA FINDINGS OF FACT AND DECISION Application of Roger Ensminger for a conditional use permit to allow the establishment of a minor automobile repair facility within a B-3, General Business District. The subject property is located south of 88th Street and east of County Road 42. On 14 October 1996, the Otsego City Council met at its regularly scheduled meeting to consider the application for conditional use permit. Based on 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 The applicant is requesting a conditional use permit to allow the establishment of a "minor" automobile repair facility within a B-3, General Business Zoning District. 2. The Legal description of the property is as follows: Lot 1, Block 1 MRD Commercial Park 2nd Addition, City of Otsego, Wright County, Minnesota. 3. Section 20-4-2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the proposed conditional use permit. The seven effects and findings regarding them are: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. The City's Comprehensive Plan (Land Use Plan) suggests commercial use of the subject property. The proposed minor automobile repair facility is listed as a conditional use in the applicable B-3 zoning designation. b. The proposed use's compatibility with present and future land uses of the area. Commercial uses either exist or are suggested on all. sides of the subject property, therefore, the proposed use is considered compatible with the area. C. The proposed use conforms with all performance standards contained herein (i.e., parking, loading, noise, etc.). As a condition of development approval, the proposed use will be required to comply with applicable provisions of the Zoning and Subdivision Ordinances. d. The proposed use's effect on the area in which it is proposed. Provided all applicable performance standards are satisfactorily met, the proposed use will not adversely affect the area in which the minor automobile repair facility is proposed. e. Traffic generation by the proposed use in relation to capabilities of streets serving the property. Both 88th Street and County Road 42 have been designed to accommodate traffic volumes typical of commercial uses. As such, traffic generated by commercial use of the subject site is within the capabilities of streets serving the property. f. The proposed use's impact upon the property values of the area in which it is proposed. There is no evidence that the proposed use will depreciate area property values. While there are no guarantees in regard to future values, the proposed use is not anticipated to adversely impact area property values. g. The proposed use's impact upon existing public services and facilities including parks, schools, streets and utilities, and its potential to overburden the City's service capacity. The proposed use will not overburden the City's service capacity. 4. The planning report, dated 23 September 1996 prepared by Northwest Associated Consultants, Inc., is incorporated herein. 2 5. On 2 October 1996, the Otsego Planning Commission conducted a public hearing to consider the proposed conditional use permit application 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 ordinance, the applicant's request for a Conditional Use Permit to operate a "minor" automobile repair business is approved subject to the following conditions: 1. Final Plat approval of the MRD Commercial Park 2nd Addition. 2. Building elevations are submitted which demonstrate compliance with City building height and building material requirements. 3. A landscaping plan is submitted which illustrates the type, location and size of all site plantings. Such plan shall be subject to City approval. 4. An additional handicap parking stall is provided so as to comply with applicable ADA requirements. 5. The westerly access drive is constructed only at such time when a westerly public street access is available. 6. A separation between the principal building and abutting northerly row of parking stalls is provided to allow space for plantings and/or a sidewalk along the building's northern boundary. 7. A "row end" curb is provided on the western side of the northerly row of parking stalls (adjacent to site entry). 8. A continuous concrete perimeter curb is provided along all off-street parking areas. 9. All site signage comply with applicable provisions of the City Sign Ordinance. 10. The site plan is modified to designate a specific off-street loading space. 11. All trash handling areas shall be screened from view of neighboring properties and adjacent rights-of-way. 3 12. All site fencing is subject to City staff review and approval. 13. No outside storage, sales, service or rental is permitted. 14. The site plan is revised to illustrate exterior lighting locations. All lighting shall be arranged to deflect light away from any residential use or zone and from public streets. 15. All recommendations of the City Engineer are satisfactorily met in regard to grading and drainage issues. 16. The City Engineer and/or Building Official provide comment and recommendation in regard to sewage treatment issues. 17. Any mechanical equipment erected on the roof of the principal structure is screened so as not to be visible. 18. The applicant specify methods used to control noise resulting from the proposed use. 19. A security is posted in an amount deemed appropriate by the City Zoning Administrator to ensure compliance with the terms of project approval. ADOPTED by the Otsego City Council this 14th day of October 1996. ATTEST: in CITY OF OTSEGO Norman F. Freske, Mayor Elaine Beatty, City Clerk/Zoning Administrator 4 I CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 6. BOB KIRMIS, ASST, CITY PLANNER -CITY CLERK Oct 14, 1996 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 6.4. Consider Lin -Bar Development, Inc. 5475 Parnell Ave NE, Rogers PID #118-500-284300 A. Rezone A-2 Agricultural, Long Range Urban Service Area to PUD, Planned Unit Development (Concept Plan) BACKGROUND: We have seen the above property before Planning and Zoning and the Council a number of times in the last few years. This parcel was approved for development of 5 -clustered 4 per 40 development rights. The applicants would now like to develop the remainder of the parcel into one acre lots for up -scale residential development under a PUD, Planned Unit Development. The P.C. recommended denial of the Planned unit Development on a 6 to 1 vote. (See P.C. Minutes; and attached are findings of fact. STAFF RECON MMATION : Staff feel this is a policy decision by the Council. This property has been turned down for Industrial Development and the owners are ready to develop. A decision needs to be made if this can be a PUD or not and if so, do they need to be prepared for sewer and water. Tha s, Elaine OCT -10-1996 1404 NAC 612 595 9837 P.02/12 IN RE: PUD REZONING APPROVAL CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA FINDINGS OF FACT AND DECISION Application of Wilfred Lindenfelser and Hillary Barry to rezone property from A-2, Agriculture Long Range Urban Service to PUD, Planned Unit Development for the purpose of developing a 34 lot single family residential subdivision upon a +1- 45 acre parcel of land looted north of County Road 37 and east of Odean Avenue. On 14 October 1996, the Otsego City Council met at its regularly scheduled meeting to consider the application for the PUD Rezoning. Based on 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 The applicants are requesting a rezoning of the subject property from A-2, Agricultural Long Range Urban Service to PUD, for the purpose of creating a 34 lot single family residential subdivision. 2. The subject property is currently deed restricted to prohibit future subdivision. 3. The legal description of the property is as follows: SEE ATTACHED EXHIBIT A 4. The subject property lies within the Long Range Urban Service Area, as identified in the Comprehensive Plan. 5. The PUD zoning designation has been requested in recognition of the subject site's exclusion from the City's Immediate Urban Service Area and the applicants' contention that unique circumstances exist which warrant approval of the requested rezoning. OCT -10-1996 1405 NAC 612 595 9837 P.03/12 6. Planned Unit Development (PUD) is intended to provide a mechanism for greater flexibility, uniqueness, and innovative designs through deviation from the strict provisions of the Zoning Ordinance. PUD Is further Intended to encourage a development pattern In harmony with the objectives of the Comprehensive Plan. PUD Is not intended as a means to vary applicable planning and zoning principles. 7. Section 20-3-2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the proposed rezoning. The seven effects and findings regarding them are: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan, The Comprehensive Land Use Plan suggests long term low density residential use of the subject property. Thus, the proposed use is consistent with the long term suggested use of the property. Additionally, the proposed use is consistent with the following goals and policies as contained within the Comprehensive Plan: * To the extent possible, provide a variety of dwelling unit types and balanced housing stock to satisfy the needs, desires and income levels of all people. * Land use allocations are to be balanced with economic market demands and service availability. * All development proposals shall be analyzed on an individual basis from a physical, economic and social standpoint to determine the most appropriate uses within the context of the community as a whole. " Once established, geographic land use designations and related zoning classifications shall be changed only when it can be demonstrated that such modifications are in the best interest of the community on a long range perspective and such changes will promote land use compatibility and predetermined goals and policies of the Comprehensive Plan. Housing which contributes to the community's tax base shall be pursued. Developments which will not contribute to a progressive revenue/service cost ratio shall be avoided. 2 OCT -10-1996 14:05 NAC 612 595 9837 P.04/12 b. The proposed use's compatibility with present and future land uses of the area. The proposed use is compatible with long term, low density residenital land uses in the area, as suggested upon the Land Use Plan. Additionally, with proper lot orientation and screening, the proposed use can compatibly exist with existing surrounding agricultural land uses. C. The proposed use conform with all performance standards contained herein (i.e., parking, loading, noise, etc.). As part of the subdivision review process, an assurance will be made that all applicable performance standards as required by the Zoning and Subdivision Ordinance are satisfactorily met. d. The proposed use's effect on the area in which it is proposed. The proposed use will not adversely impact the area in which it is proposed. e. The proposed use's impact upon the property values of the area in which it is proposed. According to the applicants, the homes to be constructed within the subdivision are to be "high end" residences: There is no evidence that the proposed use will depreciate area property values. While there are no guarantees in regard to future home values, the proposed use is not anticipated to adversely impact area property values. f. Traffic generated by the proposed use in relation to capabilities of streets serving the property. Provided various roadway improvements are implemented (i.e., tum lanes), streets which serve the property can accommodate traffic generated by the proposed residential use. g. The proposed use's impact upon existing public services and facilities including parks, schools, streets and utilities, and its potential to overburden the City's service capacity. The proposed residential use will not overburden public services, parks, schools, streets or utilities. The imposition of various development fees and street improvements will successfully serve to mitigate public service impacts. 3 OCT -10-1996 1406 NAC 612 595 9637 P.05/12 9. The planning report dated 23 September 1996 prepared by Northwest Associated Consultants, Inc.; and 27 September 1996 Hakanson Anderson Associates Inc. letter are incorporated herein. 9. On 2 October 1996, the Otsego Planning Commission conducted a public hearing to consider the proposed PUD Rezoning application preceded by published and mailed notice. Upon review of the PUD Rezoning application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council deny the PUD Rezoning based on the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinance, the applicant's request to rezone the property legally described on attached Exhibit A from A-2 to PUD Is approved In its present form and subject to the following stipulations. 1. Final Plat approval of the proposed single family residential subdivision. ADOPTED by the Otsego City Council this 14th day of October 1996. CITY OF OTSEGO By: ATTEST: Norman F. Freske, Mayor By: Elaine Beatty, City Clerk/Zoning Administrator 4 -OCT -10-1996 1406 PAC 612 595 9837 P.06/12 ATTACH PROPERTY LEGAL DESCRIPTION HERE EXHIBIT A OCT -10-1996 1407 NAC 612 595 9e37 P.07/12 ORDINANCE NO. 96 - CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION. THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS AS FOLLOWS: Section 1. The official zoning map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the following described property. SEE ATTACHED EXHIBIT A Section 2 The above described property is hereby rezoned from A-2, Agriculture Long Range Urban Service to PUD, Planned Unit Development designation. Section 3. The Zoning Administrator is hereby directed to make appropriate change in the official zoning map of the City of Otsego to reflect the change in zoning classification as set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this 14th day of October 1996. CITY OF OTSEGO By: ATTEST: Norman F. Freske, Mayor By: Elaine Beatty, Zoning Administrator/City Clerk OCT -10-1996 1407 NAC 612 595 983? P.08/12 IN RE: PUD REZONING DENIAL CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA FINDINGS OF FACT AND DECISION Application of Wilfred Lindenfeiser and Hillary Barry to rezone property from A-2, Agriculture Long Range Urban Service to PUD, Planned Unit Development for the purpose of developing a 34 lot single family residential subdivision upon a +/- 45 acre parcel of land located north of County Road 37 and east of Odean Avenue. On 14 October 1996, the Otsego City Council met at its regularly scheduled meeting to consider the application for the PUD Rezoning. Based on 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 rezoning of the subject property from A-2, Agricultural Long Range Urban Service to PUD, for the purpose of creating a 34 lot single family residential subdivision. 2. The subject property is currently deed restricted to prohibit future subdivision. 3. The legal description of the property is as follows: SEE ATTACHED EXHIBIT A 4. The subject property lies within the Long Range Urban Service Area, as identified In the Comprehensive Plan, 5. The PUD zoning designation has been requested in recognition of the subject site's exclusion from the City's Immediate Urban Service Area and the applicants' contention that unique circumstances exist which warrant approval of the requested rezoning. OCT -10-1996 1406 NAC 612 595 9837 P.09/12 6. Planned Unit Development (PUD) Is Intended to provide a mechanism for greater flexlbllity, uniqueness, and innovative designs through deviation from the strict provisions of the Zoning Ordinance. PUD is further Intended to encourage a development pattern in harmony with the objectives of the Comprehensive Plan. PUD is not intended as a means to vary applicable planning and zoning principles. 7. Section 20-3-2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the proposed rezoning. The seven effects and findings regarding them are: a, The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. The subject site is not contiguous to the current immediate urban service and constitutes premature or "leap frog" development which is specifically discouraged by the Comprehensive Plan. Additionally, the proposed use is inconsistent with the following goals and policies of the Comprehensive Plan: * Boundary limits for urban expansion shall be clearly delineated and non -farming type uses shall be prohibited from encroaching into agricultural areas. * Permit growth on a phased basis, providing -for a logical extension of urban growth and related community services. To the maximum extent possible, development policies and regulations shall be applied consistently and uniformly. * Protect and preserve prime agricultural lands and the economic viability of fanning operations. b. The proposed use's compatibility with present and future land uses of the area. While the proposed use may at some future point be compatible with area long uses, low density residential use is currently not compatible with surrounding agricultural uses. 2 -OCT -10-19% 14:08 NAC 612 595 9837 P.10/12 C. The proposed use conforms with all performance standards contained herein (i.e., parking, loading, noise, etc.). As part of the subdivision review process, an assurance must be made that all applicable performance standards as required by the Zoning and Subdivision Ordinance are satisfactorily met. d. The proposed use's effect on the area in which it is proposed. The proposed use will adversely impact the area in which it is proposed. e. The proposed use's impact upon the property values of the area in which it is proposed. There Is no evidence that the proposed use will depreciate area property values. According to the applicants, the homes to be constructed within the subdivision are to be `high end" residences. While there are no guarantees in regard to future home values, the proposed use is not anticipated to adversely impact area property values. f. Traffic generated by the proposed use in relation to capabilities of streets serving the property. According to the ITE Trip Generation Manual, a single family detached home generates an average of 10 vehicle trip ends per day. With a total of 34 dwellings being proposed, it is anticipated that the proposed development will generate approximately 340 vehicle trips per day. To accommodate such traffic volumes, improvements to adjacent streets will be necessary (i.e., turn lanes). g. The proposed use's impact upon existing public services and facilities including parks, schools, streets and utilities, and its potential to overburden the City's service capacity. The proposed residential use will overburden existing public services and facilities including parks, schools, streets and utilities. 8. The planning report dated 23 September 1996, prepared by Northwest Associated Consultants, Inc.; and 27 September 1996, Hakanson Anderson Associates Inc. letter are incorporated herein. 3 OCT -10-1996 1409 NAC 612 595 9837 P.11/12 9. On 2 October 1998, the Otsego Planning Commission conducted a public hearing to consider the proposed PUD Rezoning application preceded by published and mailed notice. Upon review of the PUD Rezoning application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council deny the PUD Rezoning based on the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinance, the applicants' request to rezone the property legally described on attached Exhibit A from A-2 to PUD Is denied In its present form. ADOPTED by the Otsego City Council this 14th day of October 1996. CITY OF OTSEGO By: ATTEST: Norman F. Freske, Mayor By: Elaine Beatty, City Clerk/Zoning Administrator 4 'OCT -10-1996 14:10 NAC 612 595 9837 P.12/12 ATTACH PROPERTY LEGAL DESCRIPTION HERE EXHIBIT A TOTAL P.12 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 6. BOB KIRMIS, ASST, CITY PLANNER -CITY CLERK Oct 14, 1996 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 6.5. Ptber Planning Business: s.l Discussion of Zoning Ordinance Amendments Re: Adm. Approval of Items. BACK�Rovrm - See Attached Memo from Bob Kirmis, NAC dated October 1, 1996. This is an item for discussion. :6.5. B Discussion of John and Cheryl Adams Dog Kennel CUP: This item came up on a complaint from a resident, Mr Rasmussen at the last Council Meeting. Jerry Olson and Suzanne Ackerman did inspect the kennel after recommendation by Council. Attached is a letter I sent to the Adams and she has replied that she changing her kennel and will submit inspection reports. She requests to have this continued until October 28, 1996 Council at which time she will have the kennel remodeled and the Sheriff Deputy javailable to comment on the barking issue. I told her we would still discuss it but ask the Council to continue until Oct. 28, 1996. 6.5.Discussion of 11/13/96 Informational Meeting. his is a discussion item. See attached information from Ron Black. 6.5.DO. Discussion of Comp. Plan Interviews - Bob Kirmis See attached information from Bob Thanks, Elaine MEMORANDUM TO: FROM: DATE: RE: FILE NO: NORTHWEST ASSOCIATED CO COMMUNITY PLANNING - DESIGN - MAR Elaine Beatty Bob Kirmis 1 October 1997 Otsego - Zoning Ordinance: Administrative Permits/Approvals 176.08 - 96.18 Attached please find a "finalized" memorandum to the City Council regarding possible "administrative approvals" which could be incorporated into the City's Zoning Ordinance. Please distribute copies of the memorandum to the City Council and Jerry Olson. We have mailed copies to Andy and Larry. It is anticipated that this item will be discussed at the forthcoming 14 October City Council meeting. Please call if you have any questions. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 NF,Nc MEMORANDUM TO: FROM: DATE: RE: FILE NO NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH Otsego Mayor and City Council Bob Kirmis / Elaine Beatty 1 October 1996 Otsego - Zoning Ordinance - Administrative Permits/Approvals 176.08 - 96.18 At the City Council's directive, we have compiled a listing of various City applications which currently require approval of a conditional use permit, but in our opinion could likely be more efficiently accommodated via an administrative approval (permit). The following is a listing of various requests which we feel could be possibly accommodated by administrative (rather than conditional) permit or simply subject to approval by the Zoning Administrator: 1. Time extensions for conditional use permits (Section 20-4-6). 2. Time extensions for variances (Section 20-5-4). 3. Expansions to legal non -conforming single family dwellings to improve livability (Section 20-15-3.E) 4. Time extensions for temporary dwelling units (Section 20-16-2.E). 5. Erection of model homes (Section 20-22-2). 6. Single family uses with more than one curb cut (Section 20-22-4.H.11). 7. Off-street parking surfacing exceptions for industrial uses (where heavy equipment may destroy standard surfacing materials) (Section 20-22-4.H.12.c.4). 8. Reductions to loading berth sizes for non-residential uses (Section 20-23-6.A). 9. Reductions to required number of loading berths (Section 20-23-7.D). 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 5541 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 10. Temporary sale of farm products produced "on-site" (Section 20-26-8.8). 11. Transfer of 1 per 40 development rights in A-1 zone (Section 20-51-5.1-1). Such transfer would continue to be allowed in A-2 zone by CUP. 12. Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the City (all zoning districts in which use is allowed). 13. Indoor limited retail sales accessory to allowed uses in the B -C zoning district (section 20-66-5.C). Building Relocation It has been suggested by the City Council that the ordinance be amended to allow building relocations by administrative permit. While it is acknowledged that administrative approval of such requests does have advantages (i.e., cost, speed of processing), it is the opinion of staff that building relocations within the City should continue to be processed as conditional use permits. Such position is based on the following: 1. Considering the cohesive nature of the neighborhood unit, the elimination of the public hearing process and opportunity for public input would be undesirable. 2. The potential for negative impact and incompatibility is considered comparable to other commercial/industrial uses allowed by CUP within their context. 3. Because staff is not the governing body, the imposition of additional conditions unique to a particular request could not be imposed. 4. The CUP process would keep the City Council informed of building relocation requests and the quality of development in the City. It is assumed that the City's pending plans to relocate the former Town Hall have increased interest in the City's building relocation processing requirements. As an alternative to making building relocations an administrative permit, the ordinance could be amended to specifically exempt public and governmental structures from existing CUP processing requirements. We will be available at the forthcoming 14 October City Council meeting to discuss this material in greater detail. pc: Andy MacArthur Larry Koshak Jerry Olson 2 CITY OF Vf TSEGO 8899 Nashua Avenue N.E. ON THE GREAT RIVER ROAD (612) 441-4414 Elk River, MN 55330 Fax: (612) 4414823 tuber 7, 1996 1015. , John and Cheryl Adams 14377 - 95TH ST NE Monticello, Minnesota 55362 RE: Report of Inspection of CUP for Dog Kennel Dear John and Cheryl: This letter is to inform you that the above item will be on the Council Agenda for October 14, 1996 at 6:30PM Council Meeting. We would like you to be at this meeting. We have had complaints on your Dog Kennel and attached is a report from Jerry Olson, Bldg. Official and a report from Council Member Suzanne Ackerman after their inspection of your kennel. We hope to see you on October 14, 1996 at 6:30 Council Meeting. CITY OF OTSEGO Elaine Beatty, City Clerk/Zoning Adm. T: attachments Inspection of Cheryl and John Adams Dog Kennel on October 1, 1996 - 3PM Jerry Olson and Suzanne Ackerman inspected at Council's Request Examining the property, large outside fenced in area, surrounded by top wire electric fence. inside, converted tuck under garage 25 dogs inside. Dog creates stacked 3 high no water or food in any crates, One small window open for ventilation 1'x1', Approximately 32 dogs on the property that were counted. Do not know how many dogs were inside the house. In unattached garage there were twelve cats, in large dog crates. Dog food in regular bags in the open, not in plastic containers, laying on the floor. Newspapers stacked almost to the ceiling from the door to the back of the garage. Suzanne Ackerman 10- 1 -96 0 CITY OF OTSEGO OFFICE MEMORANDUM Date: October 4, 1996 To: From: Mayor, City Council Subject: Jerry Olson, Bldg. Official Report of Inspection Cheryl Adams Kennel There were approximately ten (10) dogs in outside area. This area was fenced and screened. Fence is approximately four (4) feet high with electric wire near the top. A large number of dogs in tuck -under garage. I didn't go completely into the garage. The odor was over -whelming, but I would agree with Suzanne that there were at least 25 dogs in this area. There was not adequate ventilation, only one small window and the door had been closed at the time we were there. The cages were stacked two and three high. Many of the cages seemed too small for the size of dog they contained. No food or water was available to the caged animals. In an unattached garage there is a storage area approximately 10 x 22 ft containing dog food and about a dozen cats and kittens in crates. There was no ventilation and the odor was again overwhelming. There was a gate across the property driveway and Ms. Adams insisted that we call ahead for an appointment. Verification of the conditions of the CUP are difficult to observe and report under these circumstances. Mrs. Adams stated that we would be violating her personal rights if we demanded an un -announced inspection. In my opinion, the following Items from the enclosed Finding of Fact and recommendation (attached) report are violations. Item # 2 Impossible to determine Item # 3 Impossible to determine Item # 4 Numerous complaints Item # 6-a,b,d,g, violations Item # 7 Impossible to determine Item # 8 Impossible to determine Item # 13 No reports have been received by the City for three years JO/co G. n e planning report, dated 26 May 1993, prepared by Northwest Associated Consultants, Inc., is incorporated herein. 7. On 16 June 1993, the Otsego Planning Commission conducted a public hearing to consider the proposed conditional use permit application 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. Based on the foregoing considerations and applicable ordinances, the applicant's request for a conditional use permit to allow the establishment of a dog kennel operation within an A -z, Agriculcural Rural Service District is approved in its present form and subject to the following stipulations. -A site elan based on a certificate of survey is submitted to determine compl'ianCe-- standards. The site plan should identify structure locations, driveways, wetlands, etc. 2. AA dogs are housed inside overnight (from 10 PM to 6 AM). 3. All dogs are to be housed inside when the kennel operator(s) is not present at the subject property. 4. Dogs are not allowed to habitually bark in a manner considered a nuisance as defined by the City's Dog Ordinance or Nuisance Ordinance. 5. The aite plan is modified to indicate fencing locations. 6. The applicant obtain a kennel license as specified in the City Code. Per the City Code, the following conditions must be upheld in regard to the size's animal quarters: a. Indoor housing facilities must be structurally sound with ample heat and light and ventilation. b. Dogs kept outside must have access to shelter to protect thein from sun, rain and snow. C. If dogs are confined by chains, such chains roust be attached so not to become entangled with chains of other dogs. d. Individual animal enclosures must be of a size to allow each dog to turn around fully, stand, sit and lie in a 3 IC? comfortable condition. e. The temperature of indoor housing facilities shall not be less than 5o degrees fahrenheit for dogs not accustomed to lower temperatures. f. Disposal faciliti6s are provided to tr,:.r_i:.,ize virum infestation, odors and disease 'razaxda. g. Adequate storage and refrigeration is provided to protect food supplies against contamination and deterioration. 7. No retail activities or commercial boarding of doors occur upon the subject site. a. Pickup and delivery of dogs is conducted solely by the kernel operators/property owners. 9. The outdoor exercise/conf inement area is screened from view of . future single family development to the north. Such screening may be provided either via: a; a green belt planting strip =♦.' .9 iv,, si r ~i r.L u4 n1•i.,.•. i.�n34 1 tr%lr 1 �C?.r i C L % �r - r , ►. -H:... L .:.v'i 6 W.I.; t'J 1..rii-1�•.1� � � y �, fence to provide a solid screening effect. - All screening efforts shall be subject to City approval. 10. If signage is to be provided on the subject site, a detailed sign plan is submitted which specifies the type of location and size of all proposed signs. All signage must comply with applicable provisions of the Sign Ordinance. ii- If applicable, drainage easements are provided over the site's wetlands. This item should be subject to further comment by the City Engineer. 12. If two (1) or more written conMlai Its are filed in any one month period regarding the barking of dogs, the City r.1ay, at its discretion, hold a rehearing of th6: conditional use pernit with the potential of revocatl,Jn of the permit being ordered by the City Council. 13. Copies of all Co%:nty and State kennel inspec do . reports are forwarded to the City. 14. If groes viola* -ons e.rz ioorirified in County and/or Stare inspect -ions, or if there are repeated violations of applicable City ordinances, the City Mav ac ite discret_on, hold a rehearing of the ccrdi�ional u9? pa_—.mi= ,with the p o G e n t al Gi revocation of the permit being ordered by r.inL le Cicy Cou::c_i: 4 WOR oos?TED by the Otsego City Council this.12th day.of July 1993. CITY OF OTSEGO sy: a xo F. Free e, Mayor P 532422 OFFICE OF CouH �, Y RECOROER WRIGH 1 CQUN r'Y. MINNESOTA CERTI06 rQ PC FILr0 ;993 AUG -3 AN ID 3� MARCIA LANTTO. CO.RECORDER BY OFPUTti �C� October 9, 1996 City of Otsego 8899 Nashua Avenue NE Elk River, MN 55330 RE: Request for Cheryl Adams to be on agenda for City Council Meeting -6"3o P•m, 0C+0bex 14, 199C0_ To: Elaine Beatty, City Clerk(Zoning Administration This letter is to inform the City Council that due to the late notice (October 9, 1996) of your request for my attendance to the above mentioned meeting, I am not sufficiently prepared to address all areas of concern for the City Council. Therefore, I wish to postpone the meeting date to the next available City Council meeting of October 28, 1996. I am currently in the process of totally remodeling the entire kennel area, and this renovation is scheduled for completion by October 28, 1996. At completion, I will invite qualified, professional kennel inspectors from the State Department of Health, The Humane Society of Wright County, and The City of Monticello Animal Control to do a thorough inspection and provide the City of Otsego with their findings. Also, I need to contact the officer of Wright County Sheriffs Department that has been monitoring the so-called complaints of dogs barking habitually so as to create a nuisance, to either appear in person or to write a report with his report that there has never been a verified complaint. The same officer can also clarify many of the "impossible to determine" areas in Jerry Olson's report. To compile all the above information, I will need to have the meeting rescheduled to October 28, 1996. Thank you for your consideration. Cheryl Adams CSC 0A."o m 2) attachments I � � . O|FFICE MEMORANDUM TO: Dr. Friendshuh / FROM: Carl Dankingor bqTE: July 10, 1993 SUSJECT: Minnesota Homsxard Bound On 7/E/95 I inspszted this facility for approval of a licensed kennel. They cperats out Tf Mrs. Adams haws tut it is largely a volunteer organization that picks up strays anz! surrenders and then sells or pIMc2s them through pet wdsption day= a^-9h�' p�ing centers malls et=. All of tho dogs are housed � � cages ad�. �xa�� or the particular dog. Thay are all;8wed out Lor. WSSt of the day to exorcise in a largs fenced yard�� � �iis facility no diffurznt that most vmt cli,LzO in t -he w o�erat�. I do feo^ t� t a maximum of thirty dcqs is the size of the fazility. It would c�F��r th t tbqy only very movaable dogs that havm a ;nry raul possibility of being sold or adopted to a new owner' They do not handle�c`Ks at'all. I recommend that this facility Le granted a lic'nsq to.op`rate. N ~ STATE OF MINNESOTA BOARD OF ANIMAL HEALTH 90 W. PLATO BLVD. :T. PAUL, MN 55107 .612 296-3428 KENNEL INSPECTION REPORT NAME -� OWNER -MGR. ADDRESS c • 1'n0NTI C,Es t ^ mK LICENSE NO. 001 445 A R S — SATISFACTORY A U — UNSATISFACTORY A S NI U NA R S NI U NA NI — NEEDS IMPROVEMENT A NA — NOT APPLICABLE SHELTER — Cold, Rain, Sun / V BLDG. CONSTRUCTION & MAINTENANCE O G U DRAINAGE E RUNNING WATER T N D BEDDING E FOOD STORAGE V/O s� R 0 CLEANLINESS — Runs R A HOSPITAL ROOM �/ — Premises WASTE DISPOSAL ✓ HEATING FEEDING I '� WATERING t/ N VENTILATION D C UTENSILS (Clean) f A DRAINAGE._ •---,. J �_ if CAGE SIZE { R ENCLOSURES — Construction, R >/ E GROUPING — SPACE Maintenance t� ,/ CLEANLIfVES,S ^ages , ;— �~ r Ruris: RECORDS ✓ O T H E R KENNEL CAP1CfTY�~ DOGS CATS ANIMALS Old FfAhD DOGS CATS IDENTIFICrATION n YES NO HOLDING PERIOD �� r �[cl.1 ,¢c1 REQUIRED SIGNS POSTED S-r� N/''M@— POSTING 3 REQUIRED NOTICES YES _' NO COMMENTS — RECOMMENDATIONS VETERINARY CONSULTANT 1 r /r�k 4rjjC (444Zl�t. EUTHANASIA (Method) tr �fl nc r tr r. CARCASS DISPOSAL TYPE OF INSPECTION — Complaint New "— License Ren. Routine INSPECTOR: 1 c.Mn1A DATE: ORIGINAL TO OFF/CE STATE OF MINNESOTA BOARD OF ANIMAL HEALTH 90 W. PLATO BLVD. .. PAUL, MN 55107 12) 296-3428 KENNEL INSPECTION REPORT NAME OWNER -MGR. ADDRESS LICENSE NO. A S — SATISFACTORY .T ANIMALS ON HAND DOGS __ Z `.1— CATS A U — UNSATISFACTORY IDENTIFICATION YES NO H R S NI U NA R EA S NI U NA A N1 — NEEDS IMPROVEMENT POSTING 3 REQUIRED NOTICES YES —1,L NO NA — NOT APPLICABLE SHELTER — Cold, Rain, Sun BLDG. CONSTRUCTION & MAINTENANCE O U DRAINAGE E RUNNING WATER T N D BEDDING EFOOD STORAGE O R R CLEANLINESS — Runs A HOSPITAL ROOM Y — Premises WASTE DISPOSAL I/ FEEDING a/ HEATING/ I V WATERING / NVENTILATION C UTENSILS (Clean) ✓ A DRAINAGE CAGE SIZE f J L11 R R ENCLOSURES — Construction, � E GROUPING —SPACE J Maintenance RECORDS CLEANLINESS — Cages Runs KENNEL CAPACITY DOGS CATS O .T ANIMALS ON HAND DOGS __ Z `.1— CATS IDENTIFICATION YES NO H HOLDING PERIOD E REQUIRED SIGNS POSTED YES NO R POSTING 3 REQUIRED NOTICES YES —1,L NO COMMENTS - RECOMMENDATIONS - if-_ -)^ -J--- -- - J.. r. INSPECTOR: VETERINARY CONSULTANT_fA EUTHANASIA (Method) CARCASS DISPOSAL TYPE OF INSPECTION — Complaint New License Ren. Routine ✓ DATE: ORIGINAL TO OFFICE V STATE OF MINNESOTA BOARD OF ANIMAL HEALTH 90 W. PLATO BLVD. ST. PAUL, MN 55107 112) 296-3428 KENNEL INSPECTION REPORT NAME OWNER -MGR. l'.�or ,���4ur i ADDRESS LICENSE NO. A RE S — SATISFACTORY T H IDENTIFICATION AU — UNSATISFACTORY HOLDING PERIOD S NI U NA RE NO S NI U NA A NI — NEEDS IMPROVEMENT A NA — NOT APPLICABLE SHELTER — Cold, Rain, Sun BLDG. CONSTRUCTION & MAINTENANCE 0 � U DRAINAGE E RUNNING WATER T N ✓ OBEDDING R FOOD STORAGE R CLEANLINESS — Runs L HOSPITAL ROOM — Premises WASTE DISPOSAL HEATING ✓ FEEDING I WATERING N VENTILATION C UTENSILS (Clean) D ✓ A DRAINAGE ✓ CAGE SIZE' R ENCLOSURES — Construction, E GROUPING — SPACE Maintenance CLEANLINESS — Cages RECORDS Runs O KENNEL CAPACITY DOGS CATS Q ANIMALS ON HAND DOGS - 3s CATS T H IDENTIFICATION YES �% NO HOLDING PERIOD E � J' REQUIRED SIGNS POSTED YES NO R - POSTING 3 REQUIRED NOTICES YES NO VETERINARY CONSULTANT EUTHANASIA (Method)—� ��, ni- '-� /rr/ C CARCASS DISPOSAL N1,4 TYPE OF INSPECTION — Complaint New License Ren. Routine COMMENTS — RECOMMENDATIONS 71 --vi LIU Lei»>> �•> ��. 1 INSPECTOR: LS -00034 DATE: :2 f Z, - ORIGINAL TO OFFICE STATE OF MINNESOTA BOARD OF ANIMAL HEALTH 90 W. PLATO BLVD. ST. PAUL, M N 55107 12) 296-3428 KENNEL C)fL INSPECTION REPORT NAME L6mewcLrA Ko,7614OWNER-MGR. itx-tR[`tciw..S ADDRESS LICENSE NO. A S — SATISFACTORY ANIMALS ON HAND DOGS CATS n T A RE U — UNSATISFACTORY IDENTIFICATION YES NO H RE S NI U NA S NI U NA A NI — NEEDS IMPROVEMENT POSTING 3 REQUIRED NOTICES A NA — NOT APPLICABLE SHELTER — Cold. Rain, Sun BLDG. CONSTRUCTION & MAINTENANCE O G v DRAINAGE E RUNNING WATER T ✓ OBEDDING R FOOD STORAGE CLEANLINESS — Runs ✓ L HOSPITAL ROOM .� R J ✓ — Premises WASTE DISPOSAL FEEDING HEATING I WATERING v t/ N VENTILATION C UTENSILS (Clean) 0A DRAINAGE j/ CAGE SIZE - R ✓ E GROUPING — SPACE ENCLOSURES — Construction, Maintenance CLEANLINESS — Cages RECORDS v Runs KENNEL CAPACITY DOGS CATS O ANIMALS ON HAND DOGS CATS n T IDENTIFICATION YES NO H HOLDING PERIOD E REQUIRED SIGNS POSTED YES NO ✓ R POSTING 3 REQUIRED NOTICES YES NO COMMENTS — RECOMMENDATIONS A . / / I / . I INSPECTOR: LS -00034 VETERINARY CONSULTANT 6Sj-?e . L/' cI'i I c — EUTHANASIA (Method)f� CARCASS DISPOSAL A4/6 TYPE OF INSPECTION — Complaint New License Ren. Routine DATE: ORIGINAL TO OFFICE STATE OF MINNESOTA BOARD OF ANIMAL HEALTH 90 W. PLATO BLVD. ST. PAUL, MN 55107 12) 296-3428 KENNEL INSPECTION REPORT NAME OWNER -MGR. ADDRESS LICENSE NO. A S — SATISFACTORY ANIMALS ON HAND DOGS CATS 2 A U — UNSATISFACTORY T R NO S NI U NA RE S NI U NA E NI — NEEDS IMPROVEMENT REQUIRED SIGNS POSTED YES-� NO New License Ren. NA — NOT APPLICABLE R A / NO COMMENTS - RECOMMENDATIONS A SHELTER — Cold, Rain, Sun BLDG. CONSTRUCTION & MAINTENANCE ✓ O G '� U DRAINAGE E RUNNING WATER T N ✓ D BEDDING FOOD STORAGE O R 0 CLEANLINESS — Runs A HOSPITAL ROOM R i/ / ✓ — Premises WASTE DISPOSAL FEEDING HEATING ) WATERING C UTENSILS (Clean) N VENTILATION�/ D A CAGE SIZE ✓ O DRAINAGE R E GROUPING — SPACE ENCLOSURES — Construction, Maintenance RECORDS CLEANLINESS — Cages Runs KENNEL CAPACITY DOGS CATS VETERINARY CONSULTANT nf, t , r�� O ANIMALS ON HAND DOGS CATS 2 EUTHANASIA (Method) T IDENTIFICATION YES NO CARCASS DISPOSAL H HOLDING PERIOD —�« ``'� TYPE OF INSPECTION — Complaint E REQUIRED SIGNS POSTED YES-� NO New License Ren. Routiney R POSTING 3 REQUIRED NOTICES YES / NO COMMENTS - RECOMMENDATIONS INSPECTOR: DATE: ORIGINAL TO OFFICE LS -00034 '- STATE OF MINNESOTA BOARD OF ANIMAL HEALTH 90 W. PLATO BLVD. ST. PAUL, MN 55107 12) 296-3428 KENNEL INSPECTION REPORT NAME OWNER -MGR. l L��►-u� arfnws ADDRESS ('�4jq4o LICENSE NO. A S — SATISFACTORY A U — UNSATISFACTORY R S NI U NA R S NI U NA A N1 — NEEDS IMPROVEMENT A NA — NOT APPLICABLE SHELTER — Cold, Rain, Sun ✓ BLDG. CONSTRUCTION & MAINTENANCE O G tf U DRAINAGE E RUNNING WATER T N FOOD STORAGE ✓ D BEDDING O V/ R CLEANLINESS — Runs ✓ �� HOSPITAL ROOM RO ✓ — Premises WASTE DISPOSAL HEATINGFEEDING I WATERING ✓ ✓ N VENTILATION C UTENSILS (Clean) A DRAINAGE j/ CAGE SIZE 1✓ R ENCLOSURES — Construction, ,� E GROUPING — SPACE ✓ Maintenance RECORDS ✓ CLEANLINESS — Cages Runs O T H E R KENNEL CAPACITY DOGS CATS ANIMALS ON HAND DOGS 3q– CATS _ 7 IDENTIFICATION YES -1/ NO HOLDING PERIOD REQUIRED SIGNS POSTED YES NO POSTING 3 REQUIRED NOTICES YES NO COMMENTS — RECOMMENDATIONS INSPECTOR: VETERINARY CONSULTANT /1�1-1- C EUTHANASIA (Method) CARCASS DISPOSAL ✓\i�hZ TYPE OF INSPECTION — Complaint New License Ren. Routine l/ DATE: ORIGINAL TO OFFICE LS -0004 STATE OF•MINNESOTA BOARD OF ANIMAL HEALTH 90 W. PLATO BLVD. ST. PAUL, MN 55107 612) 296-3428 KENNEL INSPECTION REPORT NAME OWNER -MGR. C.1�erI ADDRESS i5 -!L-40 LICENSE NO. R S — SATISFACTORY IDENTIFICATION YES NO HOLDING PERIOD R U — UNSATISFACTORY REQUIRED SIGNS POSTED YES E S NI U NA E S NI U NA A NI — NEEDS IMPROVEMENT A NA — NOT APPLICABLE SHELTER — Cold, Rain, Sun ✓ BLDG. CONSTRUCTION & MAINTENANCE 0 f G E RUNNING WATER U DRAINAGE T N OBEDDING R FOOD STORAGE R CLEANLINESS — Runs L HOSPITAL ROOM — Premises WASTE DISPOSAL HEATING FEEDING ( ✓ WATERING C D VENTILATION UTENSILS (Clean) O A -� DRAINAGER CAGE SIZE i +/ ENCLOSURES — Construction, E GROUPING —SPACE Maintenance � ✓ RECORDS CLEANLINESS — Cages Runs 0 T H E R KENNEL CAPACITY DOGS CATS Q ANIMALS ON HAND �/� DOGS __7_0 CATS IDENTIFICATION YES NO HOLDING PERIOD REQUIRED SIGNS POSTED YES NO POSTING 3 REQUIRED NOTICES YES NO COMMENTS - RECOMMENDATIONS Ve-L d:-4 LS -00034 VETERINARY CONSULTANT �r, rr c7cl 411 1C, EUTHANASIA (Method) CARCASS DISPOSAL tl TYPE OF INSPECTION — Complaint New License Ran. ✓ Routine ORIGINAL TO OFFICE 11( MEMORANDUM TO: Council and Staff FROM: Ron B DATE: October 8, 1996 RE: November 13 Public meeting We held a workshop meeting last Thursday presumabley to discuss what information was to be presented at the meeting scheduled for the 13th of November. I did not see a lot of discussion of stratagies or of how and what information is to be presented. Before any additional meeting time is scheduled wouldn't it be prudent to discuss and reach concensus on the following points? 1. What is the plan for the area to be served by sewer and water with respect to land use? 2, What are reasonable assumptions to be used to phase development? 3. Who and how is serwer and water to be paid for ? 4. What are the estimated costs of a sewer and water system? 5. What are the estimated costs for streets? 6. What are the estimated costs of the storm water drainage system? 7. What assurances do taxpapers have that non users will not be required to pay for the system? 9. As a landowner, what is this program going to cost me? 10. As a landowner, how is a project to provide municipal services to my property going to bgenefit orharm me. 1 1. How will this porject effect landowners who do not want to sell now or in the forseeable future? 12. Should a staff member be assigned the responsibility to provide the leadership necessary on an undertaking such as this? INC MORANDUM (Z 62,9-D. TO: FROM: DATE: RE: FILE NO: NORTHWEST ASSOCIATED COMMUNITY PLANNING - DESIGN - Otsego Mayor and City Council Otsego Planning Commission Bob Kirmis / David Licht 8 October 1996 CO-NS!UQCfA19 MARKET 1. L Otsego - Comprehensive Plan: Tactics Study 176.14 A primary element used to organize the pending Comprehensive Plan Update effort is what we term a "Tactics Study". Through an interview process, such study is intended to provide insight as to the various objectives and concerns of local decision -makers. Specifically, this objective would be achieved from individual or group interviews with the City Council and Planning Commission, staff and other individuals or groups which may provide valuable input. We would like to begin these "tactics" interviews the week of 28 October. Tentatively, we are suggesting the following two sessions at which interviews would be conducted: Wednesday, 30 October 3:00 - 7:00 PM Thursday, 31 October 3:00 - 7:00 PM If one of these dates is not workable, an alternative session could be scheduled for Thursday, 7 November. Due to a potential change in City Council membership, we would suggest that interviews on the above referenced dates be conducted only with those Council members not seeking re-election. Interviews with re-elected and possible new members would be conducted at a later, unspecified date. A representative of our office will be available at the forthcoming 14 October Council meeting and 16 October Planning Commission meetings to discuss the acceptability of the aforementioned interview dates. PC: Elaine Beatty 5775 WAYZATA BOULEVARD, SUITE 555 ST, LOUIS PARK, MINNESOTA 55416 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 N WwAe"* NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Otsego EDAAC/Parks Committee/Historic Preservation Committee FROM: David Licht/Robert Kirmis DATE: 9 October 1996 RE: Otsego - Comprehensive Plan Update: Tactics Study FILE NO: 176.14 As you are probably aware, the City Council has directed that an update of the City's current Comprehensive Plan is to be undertaken. A critical aspect of this project is to gain insights and perspectives of what the community believes to be important, both in regard to issues which are to be addressed as well as accomplishments which are to be achieved. This information, combined with the technical data being assembled as part of the Comprehensive Plan Inventory, will form the basis of proposed actions and long range plans. We are writing to request that each of your groups devote some time at your next meeting to identify the issues and objectives which you believe to be most critical for the community. Subsequently, we would like to meet with a representative of your advisory group to review and discuss the matters which you have identified. These meetings are anticipated to be held later this month or in early November. By way of reference and as an example of the product to result from our meetings with City officials, it is suggested that you review the Otsego (Township) Planning Tactics Study which was completed in April 1989. If you need copies of this document, please contact the City staff. PC: Mayor and City Council Elaine Beatty 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE i. ANDY MAC ARTHUR, CITY ATTORNEY -CITY CLERK Oct 14, 1996 - 6:302M ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 7.1.Consider proposed Amendment to Animal Feedlot Regulations and Comprensive Plan Amendment. BACKGROUND: See Attached Memo from Andv MacArthur dated October 8, 1996. R7Gga= 7 g Feedlot (1 r1J n n 7 Dry n ^1 (',m 1� n D1 m Im r1 uA i i uiv�. v1.',A i iL�.e aiiu i ivNv.7ev `.v:iitire:ie::si'v"a Plan A, �e::u:<<e.:� . This was on the Planning Commission Meeting of October L, 1996 for H.ea.riag. The P. C. voted. 5 to 2 to deny the Ordinance. Gene Goen.ner and Bruce Rasp, _Lndicate'd they wanted to table -LL or re'v'iew i� further and did not want the Council to vote on it. The Ordinance and comp plan amendment is now before the Council for action. STAFF RECODdAENDATION: This is a tough issue. I am hearing that the large majority of the people do not want industrial size feedlots, but would like to see the farm remain and be able to expand somewhat. The council needs to decide what they feel would be right. Thjt�ks, Elaine PS - After the F.C. meeting we received a letter from one resident, Ann Bentz, who has followed this Feedlot issue. You may want to consider that also. Nilliam S. Radzwill Andrew J. MacArthur Michael C. Court Megan M. McDonald October 8, 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 Ordinance And Proposed Comprehensive Plan Amendments Dear Council Members: The proposed Feedlot Ordinance, which was approved to go to public hearing by the City Council at their September 23 City Council meeting, went to public hearing at the Planning Commission on October 2. On that same night, the Planning Commission took action on the proposed Comprehensive Plan amendment and ordinance. The matters were, unfortunately, taken up for vote in the wrong order but the result was the same, the proposed amendment to the Comprehensive Plan was recommended for denial on a vote of 6-0. Although the proposed ordinance was arguably, and I stress arguably, moot because of the recommended denial of the proposed Comprehensive Plan amendment, it was recommended for denial on a vote of 5-2. I have enclosed with this correspondence the Ordinance Amendment and Resolution To Amend the Comprehensive Plan which were sent to the Planning Commission for hearing. They are the same as those previously presented to the Council at the September 23 Council meeting but include some slight corrections which I noted at that meeting. Considerable debate was had regarding the restrictions placed on further expansion of existing farms by operation of the proposed ordinance. Public testimony also attacked the restrictions on expansion inherent in the proposed draft ordinance. The ordinance, as drafted, calls for an upward limit of 120% total cumulative r Letter to Otsego City Council October 8, 1996 Page 2 expansion of existing animal units at the date of ordinance adoption in any facility that continues to operate after that date. The present moratorium on new feedlots will expire on November 29, 1996. I remind the Council that passage of both the proposed ordinance and comprehensive plan amendment both require a 4/5 vote of the Council. Any vote total below that will result in no change in the existing ordinances or comprehensive plan. The possibility would then exist that the present moratorium could end with no ordinance change, absent an additional resolution to extend the moratorium. In conversations with some Council Members, and members of the Planning Commission, it would seem that there may be a majority view that no new feedlots should be permitted. The main difference in opinion seems to be in how much expansion is to be allowed. There appears to be disagreement as to not only the amount of allowable expansion, but also as to how expansion should be regulated; whether an absolute cap should be established, or whether expansion should be allowed to a given percentage of what already exists at a particular facility. At this point the Council can act on the ordinance as presented, can change it, or can send it back to the Planning commission with specific recommendations for further action. The following are some comments and suggestions I would offer regarding the present situation: 1. An upward limit on facility size is the most effective way of precluding large, unwanted expansions. 2. One option might be to return the ordinance to the Planning Commission with directions to study the issue and collect data to establish a basis for a more acceptable limit on upward expansion. 3. Another suggestion might be to consider requiring rezoning and/or a conditional use permit if expansion brings the facility above a certain number of animal units. This idea was previously brought up in one of the City Council workshops. 4. The moratorium may need to be readdressed in order to meet time restraints that may become critical if reconsideration of the present ordinance is pursued, or in the event that action is taken on the proposed ordinance and comprehensive plan amendment and they fail. If no action is taken by the end of the moratorium period, and no ordinance is passed, the City will still be governed by the former commercial feedlot ordinance. Letter to Otsego City Council October 8, 1996 Page 3 Obviously, the City Council must make the final decision in this matter but I think that it is important that all the facts and possible scenarios are presented to the Council prior to that decision. If you have any questions please feel free to contact me. Very my yours, rew acA hur RADZWI & CO Encls. cc: Bob Kirmis, NAC Larry Koshak, Hakanson Anderson Planning Commission Feedlot Committee DRAFT 4- 9/25/96 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE ADDRESSING ANIMAL FEEDLOT OPERATIONS WITHIN THE CITY OF OTSEGO. THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS: Section 1. Section 20-2-2.F of the Otsego City Code ("Definitions") is hereby amended to delete the following definition: Feedlot, Commercial: The place of confined feeding of livestock or other animals for food, fur, pleasure or resale purposes in yards, lots, pens building or other areas not normally used for pasture or crops and in which substantial amounts of manure or related other wastes may originate by reason of feeding such animals. Section 2. Section 20-2-2.F of the Otsego City Code (Definitions) is hereby amended to add the following definitions: Feedlot Related: 1. Animal Feedlot Permit: A permit issued by the Minnesota Pollution Control Agency (MPCA) when the potential pollution hazard will not be corrected within ten (10) months of the date of permit issuance or when manure is not used as domestic fertilizer. This permit shall contain such conditions and requirements as the agency deems necessary in order to insure compliance with applicable state rules. 1. Animal Unit (AU): A unit of measure used to compare differences in the production of animal manures that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer. For purposes of this Ordinance, the following equivalents shall apply: Animal AU Per Animal One mature dairy cow 1.40 One slaughter steer or heifer 1.00 One horse 1.00 One swine over 55 pounds .40 One duck .20 One sheep .10 One swine under 55 pounds .05 one turkey .018 One chicken .01 For animals not listed above, the number of animal units shall be defined as the average weight of the animal divided by one thousand (1,000) pounds. 3. Domestic Fertilizer: A. Animal manure that is put on or injected into the soil to improve the quality or quantity of plant growth; or B. Animal manure that is used as compost, soil conditioners or specialized plant beds. 4. Earthen Basin: A dike or excavated structure , often lined with clay or synthetic liner, in which manure is stored. The basin is emptied at least once each year. It is designed by a professional engineer or Natural Resources Conservation Service/Soil and Water Conservation District (NRCS)/(SWCD) technician. 2. Feedlot, Animal: A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of these parts, open lots used for feeding and rearing of poultry (poultry ranges) and barns, dairy farms, swine facilities, beef lots and barns, horse stalls, mink ranches and zoos, shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots under these parts, nor shall any area as above described which contains ten (10) animal units or less. 3. Feedlot, New Animal: An animal feedlot constructed and operated at a site where no animal feedlot existed previously or where a pre-existing animal feedlot has been abandoned or unused for a period of five (5) years or more. 4. Feedlot Operator: An individual, a corporation, a group of individuals, a partnership, joint venture, owner or any other business entity having charge or control of one or more livestock feedlots, poultry lots or other animal lots. 5. Interim Permit: A permit issued by the MPCA which expires no later than ten (10) months from the date of issuance. 4. Lagoon: A manure treatment structure, typically earthen. Lagoons can be aerobic, anaerobic, or facultive depending on their design. An anaerobic lagoon is different from an earthen storage basin in that the lagoon is managed for manure treatment. Anaerobic lagoons are only partially emptied each year whereas earthen storage basins are emptied once or twice a year. 5. Manure, Animal: The fecal and urinary excretions of livestock and poultry. Manure can include bedding material and water used for livestock. Types of manure have descriptive names such as liquid, slurry and solid. Manure that has a content of more than ninety-six (96) percent moisture is liquid. Manure with a moisture content between ninety (90) and ninety-six (96) percent is referred to as slurry. A moisture content of less than eighty-four (84) percent is considered solid. 6. Pastures: Areas where grass or other growing plants are used for grazing and where the concentration of animals is such that a vegetation cover is maintained during the growing season except in the immediate vicinity of temporary supplemental feeding or water devices. Section 3. Section 20-2-2, F, of the Otsego City Code ("Farm definition") is hereby amended to read as follows: Farm: An unplatted tract of land containing approximately ten (10) acres or more, or two or more abutting parcels under the same ownership having an area of ten (10) acres, measured from the centerline of abutting roads, usually with a house and barn and other buildings, and on which crops are raised as well as livestock in numbers which do not constitute an animal feedlot, unless the operation is allowed to keep a larger number of animals pursuant to rights as specified in Section 20-15 of this Chapter. Section 4. Section 20-2-2, F, of the Otsego City Code ("Farming" definition) is amended to read as follows: Farming: The process of operating a farm for the growing and harvesting of crops which shall include those necessary buildings, related to operating the farm, and the limited keeping of animals which does not constitute an animal feedlot, unless the operation is allowed to keep a larger number of animals pursuant to rights as specified in Section 20-15 of this Chapter. Section 5. Section 20-26-3 of the Otsego City Code ("Farms") is hereby amended to read as follows: ANIMAL FEEDLOTS: Animal Feedlots are prohibited, except for operations which are allowed to continue operating pursuant to rights as specified in Section- 20-15 of this Chapter. Section 6. Section 20-27-4.0 of the Otsego City Code ("Farm Animal Regulations") is hereby amended to read as follows: C. Manure application and stockpiling activities shall comply with the applicable provisions of Section 20-38-8 of this Chapter. Section 7. Section 20-27-4.E of the Otsego City Code ("Farm Animal Regulations") is hereby amended to read as follows: E. All regulations imposed by the Minnesota Pollution Control Agency (MPCA) relating to the keeping of farm animals shall be adhered to and animal feedlots shall comply with the applicable provisions of Section 20-38 of this Chapter. Section 8. Section 20-27-5, D of the Otsego City Code ("Animal Regulations") is hereby amended to read as follows: D. Manure and other waste materials shall be removed and distributed so as to eliminate unsightly odors, insect, and rodent problems or any condition which operates as a public or private nuisance. The storage of manure and other waste materials shall be in compliance with Section 20-38 of this Chapter. Section 9. Section 38 of the Otsego City Code ("Feedlot Regulations") is hereby amended to read as follows: FEEDLOT REGULATIONS SECTION: 20-38-1 Purpose 20-38-2 Allowed Feedlots 20-38-3 Prohibited Feedlots 20-38-4 Construction of Section 20-15 "Enlargement" 20-38-5 Destruction Of Existing Animal Feedlots 20-38-6 Existing Feedlots: Compliance With MPCA Requirements 20-38-7 Odors 20-38-8 Feedlot Setbacks 20-38-9 Manure Stockpile/Application Setbacks 20-38-10 Facility Closure 20-38-11 Abandonment 20-38-1: PURPOSE: The purpose and intent of this Chapter is to prohibit the establishment of new animal feedlots within the City of Otsego and to regulate existing feedlot operations within the City of Otsego in a manner conducive to the health, safety, and welfare of the citizens of Otsego. These controls are needed due to the recent incorporation from township status to City status and the unique location of the municipality in relation to the Metropolitan Area. These regulations are also necessary to promote the planning process within the City and to protect the health, safety, and welfare of the residents of the City as well as to: A. Establish conditions under which existing animal feedlots within the City can continue to operate. B. Prohibit the establishment of new animal feedlots within the City. C. To prohibit the expansion of existing animal feedlots to levels not conducive with the present character of the City. D. To provide regulations which can be applied in a fair and equitable nature, but that take into account the inherent fluid nature of an ongoing farm operations and the difficulty of applying strict numbers as criteria for control of an ongoing operation. D. Promote best farm management practices. E. Protect valuable groundwater and surface water resources. F. Protect human and animal health. G. Implement specific policies and provisions of the official City Comprehensive Plan. H. Promote compatibility of uses. I. Promote continuance of agricultural uses at their present scale, while protecting the residents from nuisances caused by large, non- traditional, and intense agricultural uses which are better located away from a municipality. J. Coordinate and assist state agencies in the administration of state-wide statutes and regulations governing livestock operations. 20-38-2: ALLOWED FEEDLOTS: Those feedlots presently existing within the City may continue operations at the present level as legal nonconforming uses as set forth in Section 20-15 of this Chapter, and as long as they do not constitute a potential pollution hazard. Such feedlots may only continue on the condition that they obtain approval from MPCA, if necessary. 20-38-3: PROHIBITED FEEDLOTS: No new animal feedlots shall be established within the City. No existing animal feedlot is allowed to expand beyond its level of operation at the date of passage of this ordinance, subject to 20-38-4 of this Section. No operation or facility established with ten (10) animal units or less may expand to more than that number. 20-38-4: CONSTRUCTION OF SECTION 20-15: It is understood that by its nature the raising of animals and farming creates a situation where there are seasonal, natural, fluctuations in the number of animals within a facility. Due to these peculiar situations, and only for purposes of this Section, the phrase "enlarged" contained in Section 20-15 of this ordinance shall only be construed as an enlargement of a legally established pre-existing use in the following circumstances: 1. In a case where a new structure is constructed or is proposed for construction for the purpose of housing additional animals. 2. In a case where a lagoon or earthen basin associated with an increase in animal units is constructed or proposed for construction. 3. In a case where an existing animal feedlot is not in compliance with the terms and conditions of an MPCA permit or Interim Permit. 4. In the case where additional animal units place the facility in violation of current City Ordinances regarding the care of animals. 5. Any increase of the total number of animal units in an animal feedlot which raises the cumulative total.of animal units above one hundred twenty (120) percent of the number present at the date of adoption of this ordinance. 6. Ongoing violations of other City ordinances. 20-38-5: DESTRUCTION OF EXISTING ANIMAL FEEDLOTS: Notwithstanding 20-15-3, J of this Chapter, any animal feedlot lawfully existing as a non -conforming use and any structures or buildings lawfully existing and which are used for the purpose of containing animals associated with the non -conforming animal feedlot use which are destroyed or partially destroyed to the extent of more than fifty (50) percent of its fair market value may be restored and the same use resumed (if such use was lawfully existing as a non -conforming use prior to such damage and destruction) or any conforming use established, provided that such reconstruction be completed within twelve months after the date of such damage or destruction. 20-38-6: COMPLIANCE WITH MPCA REQUIREMENTS: All existing animal feedlots operating on the date of this ordinance shall continue operating only in strict compliance with all applicable MPCA rules and regulations. 20-38-7: ODORS: Existing feedlot operations shall take responsible measures to minimize odors which have the effect of creating an adverse impact on the environment and quality of life for the residents of the City. 20-38-8: FEEDLOT SETBACKS: Lawfully established feedlots existing prior to the effective date of this ordinance may be continued in the location existing on such date. 20-38-9: MANURE STOCKPILE/APPLICATION SETBACKS: The following manure stockpile and application setbacks are required for all new and existing feedlots: CATEGORY MANURE APPLICATION Surface/ Incorporated Irrigation or Injected Public lake, 300 feet river, or stream Public streets 25 feet - (as measured surface from the outer 300 feet - boundary of the irrigation right-of-way) STOCKPILES 100 feet -lake 300 feet 50 feet- river/stream 10 feet 25 feet Platted 300 feet- 300 feet 300 feet Subdivisions surface 1,000 feet - irrigation Municipal wells 200 feet 200 feet 300 feet Private wells 200 feet 200 feet 200 feet Public or 300 feet 100 feet 300 feet private ditch Residence other 300 feet- 300 feet 300 feet than landowner surface or operator 1,000 feet - irrigation 20-38-10: FACILITY CLOSURE: A. Responsible Parties: The landowner, owner and operator of an existing animal feedlot shall be responsible for the ongoing management of manure and the final closure of the facility including the cleaning of buildings and the emptying and proper disposal of manure from all manure holding facilities. B. Closure: If an existing feedlot operation ceases operation, the owner and/or operator shall be responsible for the following: 1. All wastes from the feedlot operation and its waste control system shall be removed and disposed of on land or in some other legally permissible manner as soon as practical, but no more than six (6) months, and in a manner conducive to the public health, safety, and welfare. 2. Closure of the operation may be postponed for a period of twelve (12) months if the property is posted for sale. 3. Notification to the City that the feedlot operation has been discontinued, and that the property is in compliance with this Section of the ordinance. 4. If the property is for sale, notification shall be given to all potential buyers of the status of the feedlot use of the property as a legal nonconformity which must comply with all presently applicable zoning ordinances if the legal nonconformity is discontinued for a period of six (6) months, as well as the other provisions of Section 20-15 of this Chapter. 20-38-11: ABANDONMENT: Owners and operators of feedlots, either at the time of abandonment or after, shall have joint and several liability for clean up, closure or remediation of abandoned feedlot sites. Section 10. Section 20-51-2.A of the Otsego City Code (11A-1 District Permitted Uses") is hereby amended to read as follows: A. Farms, farmsteads, farming and agricultural related buildings and structures subject to Minnesota Pollution Control Standards, but not including animal feedlots or other commercial operations. Section 11. Section 20-51-5.D, 1,2, and 3 of the Otsego City Code ("A-1 District Conditional Uses- Commercial Feedlots"), is hereby deleted: Section 12. Section 20-52-2.A of the Otsego City Code (11A-2 District Permitted Uses") is hereby amended to read as follows: A. Farms, farmsteads, farming and agricultural related buildings and structures subject to Minnesota Pollution Control Standards, but not including animal feedlots or other commercial operations. Section 13. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego. City Council this day of ,1996. CITY OF OTSEGO By: Norman F. Freske, Mayor By: Elaine Beatty, City Clerk/Zoning Administrator CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. RESOLUTION APPROVING AN AMENDMENT TO THE OTSEGO COMPREHENSIVE PLAN RELATED TO CITY AGRICULTURAL POLICY AND TO THE RURAL USES PORTION OF THE CITY LAND USE PLAN WHEREAS, the City of Otsego desires to establish certain changes in the existing Comprehensive Plan to address the issue of large, concentrated agricultural operations, which cannot be properly accommodated within a municipality; and WHEREAS, such operations have the potential to operate as a nuisance within the community, are not compatible with residential uses, and are not appropriate within a municipality which will be undergoing substantial residential, commercial, and industrial expansion in the near future; and WHEREAS, the present Comprehensive Plan does not adequately draw a distinction between the presently existing agricultural operations within the City and those more intense operations, such as large scale animal feedlots. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, AS FOLLOWS: That the following amendments are hereby made to the existing Otsego Comprehensive Plan: 1. Page 33, Policies, Agricultural, No. 4, is hereby amended to read as follows: "The keeping of the present levels of farm animals shall be confined to the rural designated areas of the community or farming operations already established. There shall be no new animal feedlots established within the City. Presently existing animal feedlots which were legally established may continue operating at their present level, but any further expansion of these operations shall be prohibited. It is not in the best interest of the City to allow large, concentrated, and intensive animal facilities within the municipal limits, especially in light of the present rate of urbanization." 2. Page 34, Policies, Agricultural, No. 7, is hereby amended to read as follows: "Unless there is a threat to public health or safety, the present level of agricultural activity shall not be limited or curtailed due to the impacts upon non-agricultural uses which have or are proposing to encroach into rural areas. However, those types of high intensity agricultural uses, not presently undertaken within the City, which have the potential for significant adverse affect on adjoining non-agricultural uses, shall be discouraged within the municipal boundaries." 3. Page 90, Land Use Plan, Rural Uses, is hereby amended to add the following paragraph: "Another issue of City concern relates to the proposed establishment of new higher intensity agricultural uses, specifically, high intensity animal feedlots located within the community. Concern is also raised by the possible expansion of existing animal feedlots to a more intensive level of activity. At the present rate of City growth, and with the present number of residences and their concentration throughout the City, including the areas now designated as rural, further establishment of new animal feedlots of any size shall be discouraged. Further, expansion of existing animal feedlots shall be prohibited in order to insure that such uses do not have an adverse affect on adjoining non-agricultural uses within the City, do not adversely affect the general health, safety and welfare, do not adversely affect property values within the City, and do not adversely affect the City's planning process." ADOPTED this IN FAVOR: OPPOSED: day of October, 1996. CITY OF OTSEGO Norman F. Freske, Mayor Elaine Beatty, City Clerk . N CITY OF OTSEOO REQUEST FGR COUtNCIL AU I IkJ N AGENDA SECTION: DEPARTMENT: MEETING DATE 7. ANDY MAC ARTHUR, CITY ATTORNEY -CITY CLERK Oct 14, 1996 - 6:30PM ITEM NUMBER: ITEM DESCRIPTIUN: e h;L-I KE L) tsr: EE5,CC 7.2. Hearing for Vacation of a portion of Odean Ave NE. BACKGROUND• See Attached information from Andy MacArthur dated October 8, 1996. He will explain the Hearing. The Notices have been Published, Posted and Mailed by City Staff. Information from the County of Wright is also attached. STAFF RECOMMENDS APPROVAL. 7.3. Consider Resolution for Speed Study in Is View Est. Requested at the Council Assessment Hearing. See attached Resolution from Andy MacArthur. STAFF RECOMMENDS APPROVAL. 7.4. Any other Legal Items. Thanks, .111 Elaine JNTY p c = M X62 O 7 7855 WRIGHT COUNTY DEPARTMENT OF HIGHWAYS Wright County Public Works Building 1901 Highway 25 North Buffalo, Minnesota 55313 Mr Ed Pauman Wright -Hennepin P.O. Box 330 Jct. T.H. 25 and C.R. 138 Telephone (612)682-7383 Facsimile (612) 682-7313 October 3, 1996 Electric Cooperative Rockford, MN 55373 Re: Notice of Vacation of Old CSAR 37 R/W in Otsego Dear Ed: WAYNE A. FINGALSON, P.E. Highway Engineer 682.7388 VIRGIL G. HAWKINS. P.E. Assistant Highway Engineer 682.7387 RICHARD E. MARQUE71 I Right of Way Agent 682.7386 The reconstruction of the intersection of County State Aid Highway No. 37 and O'Dean Ave. in Otsego has left remnants of old right of way which are no longer needed by the County or the City of Otsego. This old alignment consisting of a curve ,will be vacated to the underlying property owners in conformance with Minn. Statutes. Wright County will soon vacate the southwesterly portion of the R/W which was under their jurisdiction. (See enclosed plat) The City of Otsego will vacate the remaining portion which had been turned over to the city from the County when they became a city and eligible for their own Municipal State Aid Street system. Please advise me in.writing at your earliest convenience if you have your utility structures relocated to the new alignment of CSAH 37 and O'Dean Ave in this area. You may have to work out a new utility easement with the property owners if you plan on retaining your utility in the proposed vacation area. You can contact me at 682-7386 with any questions or comments about this action. Sincerely, Q- M Richard Marquette Right of Way Agent Wright County Highway Department Enclosures; Sample Vacation Resolution R/W Plat of Vacate Area pc: Lawrence Koschak, Engineer, City of Otsego Wayne Fingalson, Wright County Highway Engineer JNT Y O,o = M 47 ted. O 7855 WRIGHT COUNTY DEPARTMENT OF HIGHWAYS Mr Mike Benoit Jones Intercable 30 1st Ave. NE Buffalo, MN 55313 Wright County Public Works Building 19ol Highway 25 North Buffalo, Minnesota 55313 Jct. T.H. 25 and C.R. 138 Telephone (612)682-7383 Facsimile (612) 682-7313 October 3, 1996 Re: Notice of Vacation of Old CSAH 37 R/W in Otsego Dear Mr Benoit: WAYNE A. FINGAISON, P.E. Highway Engineer 6827388 vIRGIL G. HAWKINS, P.E. Assistant Highway Engineer 6827387 RICHARD E. MARQUETPE Right of Way Agent 6827386 The reconstruction of the intersection of County State Aid Highway No. 37 and O'Dean Ave. in Otsego has left remnants of old right of way which are no longer needed by the County or the City of Otsego. This old alignment consisting of a curve will be vacated to the underlying property owners in conformance with Minn. Statutes. Wright County will soon vacate the southwesterly portion of the R/W which was under their jurisdiction.(See enclosed plat) The City of Otsego will vacate the remaining portion which had been turned over to the city from the county when they became a city and eligible for their own Municipal State Aid Street system. Please advise me in writing at your earliest convenience if you have your utility structures relocated to the new alignment of CSAH 37 and O'Dean Ave in this area. You may have to work out a new utility easement with the property owners if you plan on retaining your utility in the proposed vacation area. You can contact me at 682-7386 with any questions or comments about this action. Sincerely, R "� Richard Marquette Right of Way Agent Wright County Highway Department Enclosures; Sample Vacation Resolution R/W Plat of Vacate Area pc: Lawrence Koschak, Engineer, City of Otsego Wayne Fingalson, Wright County Highway Engineer WRIGHT COUNTY DEPARTMENT OF HIGHWAYS Wright County Public Works Building 1901 Highway 25 North Buffalo, Minnesota 55313 Jct. T.H. 25 and C.R. 138 Telephone (612)682-7383 Facsimile (612) 682-7313 October 3, 1996 Mr Ralph Bistodeau U.S. West Communications 5910 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Notice of Vacation of Old CSAH 37 R/W in Otsego Dear Mr Bistodeau: WAYNE A. FINGALSON, P.E. Highway Engineer 682.7388 VIRGIL G. HAWKINS, P.E. Assistant Highway Engineer 682-7387 RICHARD E. MARQUETPE Right of Way Agent 682-7386 The reconstruction of the intersection of County State Aid Highway No. 37 and O'Dean Ave. in Otsego has left remnants of old right of way which are no longer needed by the County or the City of Otsego. This old alignment consisting of a curve will be vacated to the underlying property owners in conformance with Minn. Statutes. Wright County will soon vacate the southwesterly portion of the R/W which was under their jurisdiction.(See enclosed plat) The City of Otsego will vacate the remaining portion which had been turned over to the city from the county when they became a city and eligible for their own Municipal State Aid Street system. Please advise me in writing at your earliest convenience if you have your utility structures relocated to the new alignment of CSAH 37 and O'Dean Ave in this area. You may have to work out a new utility easement with the property owners if you plan on retaining your utility in the proposed vacation area. You can contact me at 682-7386 with any questions or comments about this action. Sincerely, Richard Marquette Right of Way Agent Wright County Highway Department Enclosures; Sample Vacation Resolution R/W Plat of Vacate Area pc: Lawrence Koschak, Engineer, City of Otsego Wayne Fingalson, Wright County Highway Engineer JN -r y q� IP WRIGHT COUNTY z DEPARTMENT OF HIGHWAYS I m Wright County Public Works Building ai 1901 Highway 25 North 6 O Buffalo, Minnesota 55313 17 7855 dy Jct. T.H. 25 and C.R. 138 Telephone (612)682-7383 Facsimile (612) 682.7313 October 3, 1996 Mr Rick Pilon Minnegasco 700 West Linden Ave. P.O. Box 1165 Minneapolis, MN 55440 Re: Notice of Vacation of Old CSAH 37 R/W in Otsego Dear Mr Pilon: WAYNE A. FINGALSON, P.E. Highway Engineer 6827388 VIRGIL G. HAWKINS, P.E. Assistant Highway Engineer 6827387 RICHARD E. MARQZJE'I'PE Right of Way Agent 682-7386 The reconstruction of the intersection of County State Aid Highway No. 37 and O'Dean Ave. in Otsego has left remnants of old right of way which are no longer needed by the County or the City of Otsego. This old alignment consisting of a curve will be vacated to the underlying property owners in conformance with Minn. Statutes. Wright County will soon vacate the southwesterly portion of the R/W which was under their jurisdiction. (See enclosed plat) The City of Otsego will vacate the remaining portion which had been turned over to the city from the county when they became a city and eligible for their own Municipal State Aid Street system. Please advise me in writing at your earliest convenience if you have utility structures within the proposed area to be vacated and/or if they have been relocated to the new alignment of CSAH 37 and O'Dean Ave -in this area. You may have to work out a new utility easement with the property owners if you plan on retaining a utility in the proposed vacation area. You can contact me at 682-7386 with any questions or comments about this action. Sincerely, Richard Marquette Right of Way Agent Wright County Highway Department Enclosures; Sample Vacation Resolution R/W Plat of Vacate Area pc: Lawrence Koschak, Engineer, City of Otsego Wayne Fingalson, Wright County Highway Engineer RESOLUTION VACATING REMNANTS OF COUNTY STATE AID HIGHWAY NO. 37 WHEREAS, the City of Otsego, in cooperation with. the County of Wright, in order to facilitate the acquisition of Right of Way for the realignment and construction of: County State Aid Highway No. 37 (70th St.) from a point 0.34 miles west of the intersection with O'Dean Ave NE to a point 0.25 miles east of said intersection, and O'Dean Avenue NE from County State Aid Highway No. 37 to a point 0.14 miles north of County State Aid Highway No. 37, in accordance with Minnesota Statute 160.085, did file in the office of the County Recorder and in the office of the Registrar of Titles, WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 29 and 33, and WHEREAS, said realignment and change in location of said County State Aid Highway No. 37, has created parts or portions of old road .right of way no longer needed for: - the repair and protection of said County State Aid Highway 37 - maintaining any utility - access to any property NOW THEREFORE BE IT RESOLVED, that the County of Wright does in accordance with Minnesota Statutes 160.09, 160.29 and 163.11, vacate those parts or portions of old road right of way further described as: All that part of the following Parcels, according to the recorded plat of, WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 33, shown as "R/W TO BE VACATED" and "OLD C.S.A.H. 37" on said plat; PARCEL A, containing 0.40 acres, more or less PARCEL B, containing 0.09 acres, more or less C�WRGHTUNTY. I RIGHT OF AY . 3S.Q0 f 35 00 , ti 589'25'37 W i Hg9 2S'37'E ty •� W • \N �: l_ 1/ `r \./1 v rr t/ `t N � N . dl ;ter-i.- „'rl^ < < �n Ap Iw g A 0 - 10'45'49" W r� N S \ U,tinq 7C. rifle Sly R 639.00 I \ 4N >< 10'45'49" Righl Or way ; c -:S90'00'00"E L - 120.04 \ ! 1 R - 709.00 I H003�!1241.660TEWL - 13319 DD - zM.S.A.P. 1217-02( -5900000E � � 2133 1326.64 _ \ `\ .'r U ��� C _,\L - 240.09 / < + w`�i U G" 6 - 21-31-39- the 1'31'39' c t�Norrt)'"st co.norMt - - 0- L = 266.39 R = 639.00 I . Lkn 3J. Tor�shlp 121, 50 E h .;., A = 21'31'39" \ onge 23. rkight County.. 529 � -i t0'TE Y�`'r - r 0' R - 709.00 1 L +. west line or the SEI/4 Innesoto. 627. 3 ��•� i U !1 Sec. 28. Trp. 121, Rge. 23. I r 90'00800"W l I ^ C O \ / / DRsgpo 30 R/W TO BE VACATED N89'YS'37 F I °g - / n /•fir- ^1A/9 / A C- •i.1 - 0120.04w(^ / •r Lli rr 1/ `t �:L`. `„+ ;. Y� ��10'45'49 \ I ,;�' Na R-639700 0 ^ 0 N00-34'23'W \\ r IT o whft 1" I \ �\ V• 70.38 r I <0 aT 90 00'00'- [ _ •4j 101 1241.66 �° N44'42'48"E ! `�F 10-TE N 89'57119" E 70TH l 1 STRELTSouth line SWI/4 Sec. 28, T.121. R.23. Soutn lime SES _� —��C, S;A�.�• t ; v N�;L . 3� North line Nwt/4 Sec. 33, T.121, R.23. North home NE1: -ti�>t• ;`: :/r�: / n: ---LN -90-9oo w 621.615-TE z1z.s' l oo�V' r ry t 0000 E� :'!. i, Y� 6 °i �1� IO'TE -311 , .. � r' ..•.�': .: r'j. ;,. •. !3.3 B•v� 100 28 •... -r. .`• .,*.`f••.n:. ••r.•, .: ,• 1. 1 '�'S ' J AWght'County rrionurnent 4 S 89'57'19" w William S. Radzwill Andrew J. MacArthur Michael C. Court Megan M. McDonald October 8, 1996 Otsego City Council 8899 Nashua Avenue NE Elk River, MN 55330 RADZWILL & CO URI Attorneys at Law 705 Central Avenue East PO Bax 369 St. Midhael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) RE: Vacation of O'Dean Avenue Dear City Council Members: Enclosed please find a copy of a Resolution for the Vacation of a Portion of O'Dean Avenue and a copy of a Notice of Completion of Proceedings for the Vacation of a Portion of O'Dean Avenue. A street may be vacated by the City through one of two methods: the Council may by resolution vacate a street on its own motion, or the Council may vacate a street on petition of a majority of owners of land abutting on the street. When the former method is used, and there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. Minn. Stat. §412.851. A vacation cannot be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks published and posted notice. Written notice of the hearing must be mailed to each property owner affected by the proposed vacation at least ten days before the hearing. The notice must contain a copy of the petition or proposed resolution as well as the time, place and date of the hearing. After the resolution of vacation is adopted, the clerk must prepare a notice of completion of the proceedings which must contain the name of the city, an identification of the vacation, a statement of the time of completion thereof, and a description of the real CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION OF THE OTSEGO CITY COUNCIL FOR THE VACATION OF A PORTION OF O'DEAN AVENUE NE RESOLUTION NO. WHEREAS, upon it own motion, pursuant to Minn. Stat. 412.851, the City Council has determined that it would be in the best interests of the City to vacate a portion of "O'Dean Avenue," and; WHEREAS, the City of Otsego, in cooperation with the County of Wright, in order to facilitate the acquisition of Right of Way for the realignment and construction of: O'Dean Avenue NE from County State Aid Highway No. 37 to a point 0.14 miles north of County State Aid Highway No. 37, and County State Aid Highway No. 37 (70th Street) from a point 0.34 miles west of the intersection with O'Dean Avenue NE to a point 0.25 miles east of said intersection. in accordance with Minn. Stat. 160.085, did file in the office of the County Recorder and in the office of -the Registrar of Titles, WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 29 and 33; and WHEREAS, said realignment and change in location of said County State Aid Highway No. 37 has created parts or portions of old right of way are no longer needed for the repair and protection of said County State Aid Highway No. 37, maintaining any utility, or access to any property; and WHEREAS it appears that all affected property owners are in agreement with said vacation, and; WHEREAS, said portion of O'Dean Avenue N.E. is publicly dedicated and does appear on the recorded map of Town Roads of the Town of Otsego. The portion to be vacated is as depicted on WRIGHT COUNTY HIGHWAY RIGHT OF WAY NO. 33 and is described as follows: See Attachment A and said road is presently not needed for the public purposes for which it was laid out, and; WHEREAS, the Town of Otsego was duly incorporated as the City of Otsego by order of the Minnesota Municipal Board effective November 15, 1990; and WHEREAS, the City Council has ordered a meeting to act upon the proposed vacation on October 14, 1996 at 6;30 p.m. at the Otsego City Hall, and; WHEREAS all legal requirements regarding giving notice have been satisfied, and; WHEREAS, the City Council did meet on October 14, 1996 at 6;30 p.m. , at the Otsego City Hall and has examined the road proposed to be vacated and heard all parties interested therein, and; WHEREAS, it now appears to the Otsego City Council that such portion of said road is no longer needed for the public purposes for which it was laid out; NOW THEREFORE, the Otsego City Council, Wright County, Minnesota, hereby orders that certain portion of -that road, known as O'Dean Avenue NE and depicted on WRIGHT COUNTY RIGHT OF WAY PLAT NO. 33 and described as follows: See Attachment A be and hereby is vacated. Passed this _ day of In Favor: Opposed: ATTEST: City Clerk 1996. Mayor, City of Otsego CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA NOTICE OF COMPLETION OF PROCEEDINGS VACATION OF A PORTION OF O'DEAN AVENUE NE The City of Otsego, Wright County, Minnesota, did, on the 14th day of October, 1996, by resolution duly passed, vacate that portion of O'Dean Avenue NE described as follows: See Attachment A. Said vacation affects the following real property: See Attachment B. The following Council Members voted in favor of the resolution: Dated: Elaine Beatty City Clerk DRAFTED BY: RADZWILL & COURI LAW OFFICE ENTERED INTO THE TRANSFER RECORD. 705 Central Avenue East PO Box 369 St. Michael, MN 55376 ATTACHMENT A All that part of the following Parcels, according'to the recorded plat of WRIGHT COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 33, shown as "R/W TO BE VACATED" that portion of which is further described as "O'DEAN AVE." on said plat; PARCEL A, containing 0.33 acres more or less, PARCEL B, containing 0.25 acres more or less. ATTACHMENT B The following is a description of the properties that the O'Dean Avenue NE vacation will pass through and be affected by: Owner: Jerome Bolles Property Description: Part of the Southeast 1/4 of the Southwest 1/4, Section 28, Township 121, Range 23, Wright County, Minnesota; and Part of the Northeast 1/4 of the Northwest 1/4 Section 33, Township 121, Range 23, Wright County, Minnesota; as set forth at 247 Deeds, Pages 463-464 as recorded at the office of the County Recorder, Wright County, Minnesota. Owner: Robert Cullinan Property Description: Part of the Southeast 1/4 of the Southwest 1/4, Section 28, Township 121, Range 23, Wright County, Minnesota; as set forth at 326 Deeds, Page .449 as recorded at the office of the Wright County Recorder, Wright County, Minnesota. William S. RadzwiU Andrew J. MacArthur Michael C. Court Megan M. McDonald October 9, 1996 RADZWILL & COUN Attorneys at Law 705 Central Avenue East PO Bax 369 St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) City Council Members City of Otsego c/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 RE: Resolution Requesting Engineering And Traffic Investigation - Island View Estates Dear Council Members: Please find enclosed a proposed resolution requesting a traffic investigation and, hopefully, a lowering of the speed limit within Island View Estates as requested by the residents. The City Engineer will supply the appropriate exhibit. The area does not qualify as an "urban district" as defined by State Law. I have enclosed the relevant statutes for your review. I will be available to answer any questions you might have at the Council meeting on Monday. Very my yours, V.acA hur�r�rew URI Encls. cc: Larry Koshak, Hakanson Anderson CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. RESOLUTION REQUESTING THE COMMISSIONER OF TRANSPORTATION TO AUTHORIZE AN ENGINEERING AND TRAFFIC INVESTIGATION FOR STREETS WITHIN ISLAND VIEW ESTATES SECOND ADDITION AND ARROWHEAD ESTATES PURSUANT TO MINNESOTA STATUTE 169.14, SUBDIVISION 5 WHEREAS, the residents of Island View Estates Second Addition and Arrowhead Estates have brought to the City Council concerns about excessive speeds on roads lying within those subdivisions as graphically depicted on Exhibit A hereto attached; and WHEREAS, the City Council believes that the present speed limit upon such roads is not reasonable and safe; and WHEREAS, it appears that the areas in question do not qualify as an "urban district" as defined in Minn. Stat. 169.01, Subd. 59. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Otsego as follows: 1. The City hereby requests that the Commissioner of Transportation of the State of Minnesota authorize an engineering and traffic investigation of that area set forth on Exhibit A for the purposes of establishing a reasonable and safe speed limit within the area. 2. The City Engineer is hereby directed to transmit this resolution and any other relevant documentation to the Commissioner, and to provide all necessary assistance to the Department of Transportation to conduct the requested investigations. ADOPTED this day of October, 1996. IN FAVOR: OPPOSED: CITY OF OTSEGO Norman F. Freske, Mayor Elaine Beatty, City Clerk § 169.14 HIGHWAYS; ROADS of the resolution shall be transmitted to the commissioner at least 10 days prior to the erection of the signs. Subd. 5c. Speed zoning in alleyways. Local authorities may regu- late speed limits for alleyways as defined in section 169.01 based on their own engineering and traffic investigations. Alleyway speed limits estab- lished at other than 10 miles per hour shall be effective when proper signs are posted. Subd. 6. Repealed by Laws 1971, Ex.Sess., c. 27, § 49, eff. Aug. 4, 1971. Subd. 7. Burden of proof. The provisions of this chapter declaring speed limitation shall not be construed to relieve the plaintiff in any civil action from the burden of proving negligence on the part of the defend- ant as the proximate cause of an accident. Subd. 8. Minimum speeds. On determining upon the basis of an engineering and traffic investigation that a speed at least as great as, or in excess of, a specified and determined minimum is necessary to the reasonable and safe use of any trunk highway or portion thereof, the commissioner may erect appropriate signs specifying the minimum speed on such highway or portion thereof. The minimum speed shall be effective when such signs are erected. Any speeds less than the posted minimum speeds shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful. Subd. 9. Standards of evidence. In any prosecution in which the rate of speed of a motor vehicle is relevant, evidence of the speed of a motor vehicle as indicated on the speedometer thereof shall be admissible on a showing that a vehicle is regularly used in traffic law enforcement and that the speedometer thereon is regularly and routinely tested for accuracy and a record of the results of said tests kept on file by the agency having control of said vehicle. Evidence as to the speed indicated on said speedometer shall be prima facie evidence that the said vehicle was, at the time said reading was observed, traveling at the rate of speed so indicated; subject to correction by the amount of error, if any, shown to exist by the test made closest in time to the time of said reading. Records of speedometer tests kept in the regular course of operations of any law enforcement agency shall be admissible without further foundation, as to the results of said tests. Such records shall be available to the defendant upon demand. Nothing herein shall be construed to preclude or interfere with the cross examination or impeach- ment of evidence of rate of speed as indicated by speedometer readings, pursuant to the rules of evidence. Subd. 10. Radar; speedalyzer devices; standards of evidence. In any prosecution in which the rate of speed of a motor vehicle is relevant, evidence of the speed as indicated on radar or other speedalyzer devices is admissible in evidence, subject to the following conditions: 146 § 169.14 HIGHWAYS: ROADS HIGHW Daytime means from a half hour before sunrise to a half hour after . able or sunset, except at any time when due to weather or other conditions there within a is not sufficient light to render clearly discernible persons and vehicles at excess t. a distance of 500 feet. "Nighttime" means at any other hour or at any and higl time when due to weather or other conditions there is not sufficient light except a to render clearly discernible persons and vehicles at a distance of 500 Subd. feet. establish Subd. 3. Reduced speed required. The driver of any vehicle shall, nonpubli, consistent with the requirements, drive at an appropriate reduced speed tion as p when approaching and crossing an intersection or railway grade cross- ment of ing, when approaching and going around a curve, when approaching a consent( hill crest, when traveling upon any narrow or winding roadway, and shall be when special hazards exist with respect to pedestrians or other traffic or during o by reason of weather or highway conditions. school sp Subd. 4. Establishment of zones by commissioner. On determining be more upon the basis of an engineering and traffic investigation that any speed affected set forth in this section is greater or less than is reasonable or safe hour or z under the conditions found to exist on any trunk highway or upon any The se', part thereof, the commissioner may erect appropriate signs designating a ate signs reasonable and safe speed limit thereat, which speed limit shall be the redu, effective when such signs are erected. Any speeds in excess of such lirr speed speeditie limits shall be prima facie evidence that the speed is not reasonable or authortions prudent and that it is unlawful; except that any speed limit within any be limit and any speed in excess thereof anc municipality shall a maximum shall be unlawful. On determining upon that basis that a part of the For the trunk highway system outside a municipality should be a zone of of a stye maximum speed limit, the commissioner may establish that part as such children 1. a zone by erecting appropriate signs showing the beginning and end of where ar the zone, designating a reasonable and safe speed therefor, which may advances be different than the speed set forth in this section, and that it is a zone adopted b of maximum speed limit. The speed so designated by the commissioner is in plac within any such zone shall be a maximum speed limit, and speed in in the limits in excess of such limit shall be unlawful. The commissioner may the boundary of such a zone and devices. same manner from time to time alter Subd. the speed limit therein or eliminate such zone. least a q. Subd. 5. Zoning within local areas. When local authorities believe highway, or thereof, street or at the existing speed limit upon any street or part has been ithin their respective jurisdictions and not a part of the trunk highway by the co.- oy stem is greater or less than is reasonable or safe under existing system upon the in section nditions, they may request the commissioner to authorize, Cbasisof an engineering and traffic investigation, the erection of appro- may by r4 establish c riate signs designating what speed is reasonable and safe, and the of appropriate signs designat subdivisio: ommissioner may authorize the erection a reasonable and safe speed limit thereat, which speed limit shall be erection og be inninffective when such signs are erected. Any speeds in excess of these Y and an speed limits shall be prima facie evidence that the speed is not reason 144 C 1 ' • � I Qocz LLJm Z �'F n WWII �- I• N• • 0 W n o • Z U I IN W Q; • fjj • n U sro z O W �_ • • • • • • /Z/y ryMJ W�/ W- �• • ^ W ^• O• ^ • p • W � • V/ n Z•n / `V� 2� • +• • r `C_ n • N• • m LLWj � • cn QQ • to n• �� F c^•�Q•c•c 0 o • 1 ' I � I Qocz LLJm Z .a_ N•I goZ "' I• AVEN E N.E. W n o V • ^ •Z • N U I W Q; • fjj • n N I � N 1 ' Qocz LLJm Z W LLJ Q W W Z t W Q; N I• NOTE: This is the area to be studied in the Speed Study and is an attachmenbtt6 the Speed Study Resolution for Island View Estates Area. Radzwill RADZWLL & CO URI MacArthur Attorneys at Law Couti 705 Central Avenue East McDonald PO Bax 369 St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) :ober 9, 1996 :y Council Members :y of Otsego Elaine Beatty, City Clerk )9 Nashua Avenue NE River, MN 55330 Resolutions Adopting Assessments- Island View Estates and Mississippi shores, Otsego Public Improvement Project No. 95-1 ir Council Members: ease find enclosed for consideration and possible adoption at the fularly scheduled meeting on Monday, October 14 two separate volutions for adopting the assessments on the above entitled J ects. As the actual amount to be adopted has not yet been :ermined I have left the appropriate blanks empty. issume that either the Engineer or the Finance Director will )vide the assessment rolls to be attached and information Tarding their recommendations. •y truly yours, rew. TacA-I�hur >ZW & Larry Koshak, Hakanson Anderson Phyliss Cokley, Finance Director CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT FOR ISLAND VIEW ESTATES ADDITIONS OTSEGO PUBLIC IMPROVEMENT PROJECT NO 95-1 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvement of every lot, piece or parcel of land within the following described area: within Sections 11 and 14, Township 121 North, Range 24 West, City of Otsego, Wright County, Minnesota bounded to the North by the Mississippi River, to the East by the West line of Island View Estates First Addition, to the South by NE 95th Street (CSAH 39) and to the West by NE Kadler Avenue benefited by bituminous paving and additional improvements to certain roadways within the described area. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of therein including is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years, the first of the installments to be payable on or before the first Monday in January 19_, and shall bear interest at the rate of percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1997. To each subsequent installment when due shall be added interest for one year on all unpaid assessments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. Partial prepayment of the assessment is also allowed pursuant to Otsego Ordinance No. 24-1- 10. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE OTSEGO CITY COUNCIL this day of ,1996. IN FAVOR: OPPOSED: CITY OF OTSEGO Norman F. Freske, Mayor Elaine Beatty, City Clerk CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. RESOLUTION ADOPTING ASSESSMENT FOR MISSISSIPPI SHORES 1ST, 2ND, 3RD, 4TH, 5TH, 6TH, AND 7TH ADDITIONS OVERLAY PROJECT FOR BITUMINOUS SURFACING, OTSEGO PUBLIC IMPROVEMENT PROJECT NO 95-1 WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvement of every lot, piece or parcel of land within the following described area: within Section 15, Township 121 North, Range 23 West, City of Otsego, County of Wright, including the plats of Mississippi Shores 1ST,2ND,3RD,4TH,5TH,6TH and 7TH Additions benefited by bituminous overlay of certain roadways within the described area. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of therein including is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years, the first of the installments to be payable on or before the first Monday in January 19_, and shall bear interest at the rate of percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1997. To each subsequent installment when due shall be added interest for one year on all unpaid assessments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. Partial prepayment of the assessment is also allowed pursuant to Otsego Ordinance No. 24-1- 10. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax r lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED BY THE OTSEGO CITY COUNCIL this day of ,1996. IN FAVOR: OPPOSED: Elaine Beatty, City Clerk CITY OF OTSEGO Norman F. Freske, Mayor City of Otsego Engineers Agenda Items City Council Meeting October 14, 1996 8.1 SPECIAL ASSESSMENT FOR IMPROVEMENT PROJECT 95-1 & 95-2 a. Mississippi Shore Additions (Project 95-1) b. Island View Estates Addition and Arrowhead Estates (Improvement Project 95-2) The Council will need to set the assessment amount for each project. The recommendation of the Finance Director has been presented to Council for consideration. Upon making the decision, we will assist the Staff in preparing the roll. We will prepare each individual parcel assessment for the period of the assessment. In the case of Mississippi Shores, it will be 5 years and in Island View it will be 10 years. We will have the roll prepared within 5 working days for mailing by Staff to the landowners. 8.2 CONSIDER APPROVAL OF CHANGE ORDER #1 FOR PUBLIC IMPROVEMENT PROJECT 95-2 The accompanying change order is the first for this project. The change order for $24,037.00 includes: 1) Work done on Lots 14 & 15 to prepare those lots to receive the excess soils material from the project. This work shown in Items 1 & 3 amounts to $2775.00. These materials added to the buildability of the lots. 2) A farm drain tile crossed the street and was unknown prior to the design _ and plan preparation. It was damaged by the construction. It also appeared to be functional and therefore needed to be reconstructed under the R.O.W. The cost of the restoration is $2240.58 and is referred to as Item #2. 3) Item #4 is the additional topsoil need on the project when the salvage topsoil did not meet to project needs. 'This topsoil was imported at an average price of $10 per cubic yard. City Council Meeting Page 2 October 14, 1996 4) Safety Grates are being placed on all culverts 18" or over. Normally this is not a requirement for cross drain pipe less than about 100 LF, however, on longer length of storm sewer this is a requirement. We were directed to add the grates to the project due to landowners requests. Item #5 cost $6240.00. We recommend approval of this Change Order #1. It is reasonable to assume there will be at least one more change order for this project. A final balancing change order will adjust the quantities. 8.3 CONSIDER APPROVAL OF FINAL PAYMENT FOR 1996 CRACK SEALING PROJECT We recommend approval of payment of $27,894.90 for the Crack Sealing. Astech Corporation was the contractor. The project cost exceeded the bid amounts and the adjusted amount of $22,000. The amount of asphalt sealing increased due to a greater number of cracks found throughout the streets in this project. Many of cracks used more material to seal them. When we measured them in the spring it is possible that not all cracks were showing. Also, old sealing cracks not counted were also routed and sealed. This is a beneficial program and we feel the sealing will -prolong the life of the streets. We checked the amount of funds available in Public Works budget. It appears that this amount is within -the budget since seal coating was not done and other items in the budget reduced or eliminated. 8.4 ANY OTHER ENGINEERING BUSINESS ot9ol .ccm Item 8.2 Hakanson Order No. 001 1 Anderson Date: October 8, 1996 AssocjnC. CONTRACT CHANGE ORDER Project: City of Otsego Public Improvement Project No. 95-2, Island View Estates and Arrowhead Estates Roadway Reconstruction Project Owner: City of Otsego To: Midwest Asphalt Corporation, Inc. (Contractor) You are hereby requested to comply with the following changes from the contract plans and specifications: Description of Changes INCREASE/DECREASE (Supplemental Plans and Specifications Attached) � in Contract Price Supplemental Agreement #1 - Clear and Grub Lot 15 ............. $1570.00 Supplemental Agreement #2 - Replace Drain Tile ............... $2240.58 Supplemental Agreement #3 - Clear and Grub Lot 14 ............. $1205.00 Supplemental Agreement #4 - Import Topsoil For Project ......... $12,782.00 Supplemental Agreement #5 - Add Safety Grates to Large Culverts ... $6240.00 Totals: $ 24,037.58 Net Change in Contract Price: $ 24,037.58 Justification: See attached summary sheet Due to the change order, the contract period will be: extended to/by: 3 days Original contract Amount $ 384,393.52 Previous contract changes, Change Order # n a to #—n -I a $ n/a Prior approved contract amount $ 384,393.58 Change in contract due to this change order $ 24,037.00 Total contract including this and previous change orders $ 408,431.18 Original contract period: October 17, 1.996 (Final Completion) Changed contract period from previous change order: n/a Contract period including this and all previous change orders: October 20 1996 This document will become a supplement to the contract and all provisions will apply hereto. Recommended: (Owner's Architect/Engineer) ted Approved by: OT331 a.co 1 (Contractor) or the Owner (Name and Title) ate Date Date This information will be used as a record of any changes to the original construction contract. Item #1 Item #2 Summary of Supplemental Agreement Clear and Grub Lot 15 Lot 15, Block 7, Island View Estates was utilized as a stockpile area for excess material generated from the project. Clearing and grubbing of the site was required for storage of this material. The final amount is based upon time and materials required to complete the work. Item Cost Cat D6HXL Dozer, 8 hrs @ $115.00/hr $920.00 Haul Stumps 500.00 Dump Fee 150.00 Total $1,570.00 Replace Drain Tile An unmarked agricultural drain the was damaged near station 32 + 50 on Kahler Avenue. The drain the was restored.. The final amount is based upon time and material required to complete the work. Item Cost Foreman; 6.5 hrs @ $73.60/hr $478.40 Laborer; 13.0 hrs @ $43.70/hr 568.10 Backhoe; 6.5 hrs @ $104.85/hr 680.23 Compactor; 1.0 hrs @ $82.80/hr — 82.80 Materials 431.05 Total $2,240.58 Item #3 Clear and Grub Lot 14 Lot 14, Block 7, Island View Estates was utilized to stockpile excess material generated from the project. Clearing and grubbing of the site was required for storage of this material. The final amount is based up time and materials required to complete the work. Item Cat D6HXL Dozer; Mobilization Total 7 hrs @ $1 15.00/hr Cost $ 805.00 400.00 $1,205.00 `em #4 Import Topsoil Topsoil generated from the project was less than anticipated. The existing topsoil was stripped from the site, stockpiled, and replaced after the roadway was constructed. Additional topsoil was imported to allow for a suitable seedbed to be constructed. The final amount is based upon load counts of topsoil imported to the site. Item Cost 1,278.2 CY Topsoil @ $10.00/CY $12,782.00 Item #5 Safety Grates Safety grates will be installed on all roadway cross -culverts 18" in diameter and larger. This item was not included in the original project, however, the installation will be completed by the contractor.. Safety grates on culverts smaller that 18" in diameter cause maintenance problems for cleaning and are riot recommended. Item Cost Furnish & Install 18" Safety Grate, 2 Ea @ $600/Ea $1,200.00 Furnish & Install 27" Safety Grate, 2 Ea @ $1,2.00/Ea 2,400.00 Furnish & Install 30" Safety Grate, 2 Ea @ $1,300/Ea 2.600.00 Total $6,200.00 o'r331 .chg PAY ESTIMATE NO stech Corporation 0 Box 1025 t. Cloud, MN 56301 1996 CRACK SEALING PROJECT CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA inal) id Amount: $15,906.00 - Adjusted $22,000 per Council, May 22, 1996 ward Date: May '112,1996 ompletion Date: August 16, 1996 id Schedule "A" - 85th Street - Jalger to Kadler em Description !U231 .6U6 Bituminous Surface Crack & Joint Repair otal Bid Schedule "A": Estimated Quantity 2,1001LB Unit Price $0.66 ILB Contract Cost $1,386.00 $1,386.00 Used to Date 2.552 ILB id Schedule "B" - Kadler Avenue - 85th Street to 80th Street Estimated Unit Contract Used to em Description Quantity Price _ Cost Date 10231.606 Bituminous Surface Crack &Joint Repair 1,600�LB otal Bid Schedule : $0_66_ LB _ 1,056.00 2,233 cle "B" $1,056.00 id Schedule "C" - 80th Street - Kadler Avenue to CSAH19 Estimated em Description Quantity 0231.606 Bituminous Surface Crack & Joint Repair 1,966-11-13 otal Bid Schedule "C": T910p1.WK4 Page 1 Extension $1,684.32 $1,684.32 Extension $1,473.78 $1,473.78 Unit Contract Used to Price_ Cost Date Extension _$0.66 LB $1,254_00 _2,233 LB 1 $1,473.78 $10254.00 $1,473.78 Ull T Item 8.3 id Schedule "C ackard Avenue - 60th Street to 70th Street Estimated em Description Quantity 10231 606 Bituminous Surface Crack & Joint Re air 3 700 LB --L ---- - ��T--�- otal Bid Schedule "D": id Schedule "E" - 85th Street - Page Avenue to CSAH 42 Estimated em Description Quantity 10231.606 Bituminous Surface Crack & Joint Repair �_ 3,600 [LB otal Bid Schedule "E": id Schedule "F" - 85th Street at Nashua Avenue am Description j . _0231.606 Bituminous Surface Crack & Joint Repair otal Bid Schedule T": Estimated Quantity 4001LB id Schedule "G" - Nashua Avenue CSAH 39 toi83rd Street Unit Contract Used to Price Cost Date Extension_ 10.66 ILB 1 $2,442.001 6,539 ILB $4,315.74 $2,442.00 $4,315.74 Unit Contract Used to Price Cost Date Extension $0.66 LB 1 $2,376.001 8,134 LB $5,368.44 $2,376.00 $5,368.44 Unit Contract Used to Price Cost Date Extension $0.66 ILB $264.001 478 ILB 1 $315.48- $264.00 $315.48 Estimated Unit Contract Used to ern Description_ Quantity Price_ Cost Date Extension 0231.606 Bituminous Surface Crack &Joint Repair I 2,6001LB $0_66�LB $1,716_00 4,306 LLB _ _$2,841.961 otal Bid Schedule "G": $1,716.00 $2,841,96 id Schedule "H" - City Hall Parking Lot em Description 10231.606 Bituminous Surface Crack & Joint Repair otal Bid Schedule "H": T910p1.WK4 Estimated Unit Contract Used to Quantity_ Price Cost Date Extension 700 LB l $0.66 1 LB jl $462.001.1,914 LLB 1 $1,263.241 $462.00 $1,263.24 Page 2 Id Schedule 'T 'elope Park em Description __10231.606 Bituminous Surface Crack & Joint Re otal Bid Schedule "I": id Schedule "J" Mississippi Parkwood Estimated Quantity air 3.700 [LB Unit Contract Price Cost $_0.66 ILB 1 $2,442.00 $2,442.00 UGed to Date 5,582 ILB Estimated Unit Contract Used to em Description Quantity Price_ Cost Date 0231.606 Bituminous Surface Crack & Joint Repair 3,80dLB $0.66 1 LBl_$2,508. 00 8,294 LB otal Bid Schedule "J": $2,508.00 i OTAL WORK COMPLETED TO DATE: T910p1.WK4 Page 3 Extension $3,684.12 $3,684.12 Extension $5,474.04 $5,474.04 $27,894.90 ,PPROVALS: ;ONTRACTOR: Certification by Contractor; I certify that all items and amounts shown.are correct for the work completed to date. Astech Corporation Sty Title i :NGINEER: Hakanson Anders S 16,vrD Title )WNER: City of Otsego .Si<Non -&eged Title )T910p1.WI<4 Date /n / - A-_ Date Page 4 AGENDA SECTION: 9. CITY COUNCIL ITEMS CITY OF OTSEGO UEST FOR COUNCIL ACTION DEPARTMENT: MEETING DATE CITY CLERK ITEM NUMBER: ITEM DESCRIPTI 9.1. Consider Fire Service Amounts: A. Elk River Fire Service B. Monticello Fire Service C. Albertville Fire Service D. Rogers Fire Service. Oct 14, 1996 - 6:30PM J : PREPARED BY: EB, CC BACKGROUND: It's time to Certify the Fire Service Amounts for the Above. See the attached information and recommendation from the Clerk. 9..2. Consider Member resignation from EDAAC. Thanks, Elaine October 10, 1996 The following information is what you as a Council need to consider for Fire Service Amounts for 1997 for Elk River, Monticello, Albertville and Rogers Fire Service Areas: 1997 FIRE SERVICE - ELK RIVER: Total Parcels 1681 X $40 ea = $67,240.00 ($2,760.00 under the $70,000.00 est.) or 1681 X $35 ea = $58,835.00 ($11,165.00 under the $70,000.00 est.) Elk River estimates the amount for 1997 to not exceed $70,000.00 1997 FIRE SERVICE - MONTICELLO: Total Parcels 193 X $35.00 ea = $6,755.00 Note: Our Monticello 3 yr contract is up in 1996, but they will still have the $35.00 per parcel charge. They may charge a homeowner extra if there is a lot of alarm or radon calls and they refuse to fix the problem. 1997 FIRE SERVICE - ALBERTVILLE: Total Parcels 239 X $58.00 ea = $13,862.00 Last years amount was $58.00 per parcel (Linda has not given me a figure yet. She is out of town). The parcel numbers include -10 parcels to Albertville by annexation. Last years amount was $14,435.00 &WA 3 IN *0311 WAW1 -'11013 WAN We have a letter from Rogers attached with the fire service amount for 1997 being quoted at $4,846.51. The above amount would be $13.49 over the amount. FYI: I have talked with a few former Frankfort residents who wish to remain with Rogers, reason being they feel they have a much better ambulance service and are closer to their area. In the past these residents have had Rogers fire service and it has been levied for. We have a balance in our fire fund as of December 31, 1995 of $59,000.00. The Council may wish to lower the fire service amounts some to reduce this balance. Keep in mind that we get estimates of fire service amounts and they could be higher. Especially in Elk River. Hope this helps. Thank you, Elaine I i I JCP 2 6 I LJ CITY OF ROGERS (12) 428-2253 12913 MAIN STREET • ROGERS, MINNESOTA SS374 September 24, 1996 Ms. Elaine Beatty 8899 Nashua Avenue NE Otsego, MN 55330 Re: 1997 Fire Contract Rate Dear Elaine: The City of Rogers Fire Department service contract rate will remain the same as the current contracts on file from 1994. Based on the current rate, the 1997 Fire Contract for Otsego will be: $4,846.51 The following information was used in preparing the 1997 contract amount: Market Value: $11,014,800 Calculation: $11,014,800 x.00044 = $4,846.51 If you should have any questions, please feel free to contact me at 428-2253. Sincerely, Gary J. Eitel City Administrator Wallace C. Odell P.O. Box 9 Elk River, MN 55330 September- 30, 1996 City Council, City of Otsego Otsego City Hall 8899 Nashua Avenue N.E. Otsego, MN 55330 Re: Resignation from Economic Development Authority Advisory Commission I hereby tender- my resignation as a member- of the EDAAC. OCT- 1 1996 I know that I have been a conscientious member- of the EDAAC. However, recent events and derogatory comments by certain City Staff and Council members have convinced me that my service on the commission and its sewer- and water - subcommittee should be ended. Over the past several months the EDAAC has frequently advised EDA (the City Council by another- name) of serious issues concerning the financial viability of the proposed sewer - project. Hopefully, my resignation will make it easier- for the City Council to deal with these issues in an unbiased fashion. I therefore request that you accept my resignation. I have appreciated the opportunity to serve on the commission and enjoyed the interaction with commission members. I will continue to be active in community affairs. Sincerely, Wallace C. Odell cc: Elaine Beatty, City Clerk: Liz Wilder-, EDAAC October 10, 1996 Agenda Item: 9.4.A. To: Mayor/City Council From: Ron Black The fire museum would like to rent the non -warming house portion of the metal building next to the city hall over the winter. Your thoughts? "SCO gGLgUWE ;!;-V 2 0199 May 17, 1996 Ms. Elaine Beatty Otsego Cit%, Clerk `' r Otsego City Hall 8899 Nashua Avenue Nj Otsego, MN. 56330 Re: Firefighte s �_✓ �t\a ``•`��,+ `S' Dear Ms. Beatt ;': ; I. + III �`""" 't '� " I ,�%i- �' 'i am contac Minneapoli "' ia�ed' 'tf �f� ��`usee�< ;� r .e City of �O .e al' j` Cat 1300 Water St , ' W. �I m ' ,a�I li �! �; ,.`:.::: demolishl'a t� v be advise -i at the City 1 �� intends to til As a re ` -it 1 � , t, •:,, • 4 i 1 1 '+, _ a to loc t to tion pending acquisiti drt�c` ' "fi�`of a new fa ' it ` _ —��� P 9 ri y�= er .. ;userr i (equesting permission to store sever tr�ctcs� ' Cit ' I a ' ° st in. th :•acc s6r bt�ildin " (o adjacent he Otsego 9 C�a�ed ad'ace to t The fire M "'* 016 - _ gor the ut�menta•t,oWri risk. Thankyou . Very ul ours, Ronald G. Black R G B/ke cc: Ken Peterson pn„v � •,Yq ?r 1W, PUBLIC WORKS MEETING of June 14,1996 cont'd Page 4 8. Culverts a. Gr .ni ger Dave Chase spoke with him the culvert will be dropped off and Public Works Department will put it in. b_ B .a udry As soon as machine is available it will be done. 4. Dust Control (Qunday VFW) Elaine Beatty - explained that the VFW is having a tournament July 4th -7th and have asked for dust control. Larry Koshak recommended that VFW supply chloride material and Public Works Department do application. Dave Chase explained that with chloride they come with a tanker and spray it. If we do it, we need a person working all weekend. The chloride does help keep grading down. Suzanne Ackerman recommended the chloride be applied on the road, also contact VFW to share in the cost. 10. Any other business Elaine Beatty read from a letter received from Firefighters Memorial Museum requesting storage for several fire trucks in storage shed adjacent to the city hall for a few months pending construction of a new facility. Dave Chase stated that it would be no problem to do that for a few months. Norman Freske motioned to store fire trucks for up to ninety (90) days at their own risk, and at no charge to the City. Suzanne Ackerman seconded. All approved. 11 -Ail. ern Meeting adjourned at 10:30 AM. Minutes by: Carol A. Olson , Claims List for Approval i -F-o-r the period 10/01/96 to IU/U9/9b CLAIM TOTAL TO WHC)M—P—A= FukWHAT PUR =- U(47E NUMB A M JERRY OLSON SEPTEMBER BLDG.INSP & CODE INFORCE 10/01/96 1924 4,075.1 - CITY OF WATERTOWN REGIONAL MEETING — LMC IC./01/06 1925 96.0c 1CMA RETIREMENT TRUST PAY PSRTOD ENDED10/5/96 47=2F PUBLIC EMPLOYEES RETIREMENT.FVND EMPLOYER/EMPLOYEE—MONTHLY & 10/5/96 10/09/96 1878 943.7: 3-4.. +a:..'w+3..s' :.n. ... 3.t�`e ,l`: .3'? Ma .w�Aha,.tw� .: .. 'sS uq'.:...: .'' o"'Yi,, .;A-.;•�'y„ '4+„' ...�" s �' 34 TATE CAPITAL CREDIT UNION PAY PERIOD ENDED 10/05/96 10/09/96 1880 125.00 33 36 AT & T PHONE SERVICE,CITY HALL,PKS,SHOP 10/09/96 1881 16.09 37 .,. r .. ,.. :-:. ..-._n- Yom,:.:...• ,c:;.� ..,....... ,x. >a}_ •.,a- 'tt'+`,^y; a'°'.,'e.-'w as#;.., 110, 1:10112V 38 as „ ... >. N '9;19 9 40 BFI — WOODLAKE SANITATION SERVICE SEPTEMBER RECYCLING 10/09/96 1884 321.25 41 BEST DISPOSAL SERVICE OCTOBER RECYCLING 10/09/96 1885 63.75 42 BREZE INDUSTRIES NUTS,BOLTS,WASHERS 10/09/96 1886 176.75 43 �, [�. F 7001 ,�F B96a7�.0 X36 25 0 .RC7CZit � CROW RIVER FARM EQUIPMENT PARTS 10/09/96 1890 9.97 47 DUERRS WATERCARE SERVICE WATER & CUPS—SHOP 10/09/96 1891 22.05 48 DELUXE BUSINESS FORMS & SUPPLIES' CHECKS 10/09/96 1892 171.6C ♦i rUBL 5 'aR = % U M M. A N ORDINANCE AR '4." "" 1:0/49/96;A.8.93 ;wy. 921-.81 4. y•�P'�". '�31 MR �: e':.. a ^Itio.^<. �:: ,Ws .w. �—w W 't1"re ." 3 3 S• ss 'ELK- RR, MUNICIPAL; T 'LI I 5 SERVICE,GARACE,,SCHOOL,ST.LIGHTS'' 10/09/96 1894 652.07 J Claims Li:.t for Approval or tMe period to 6 i2 NAPA OF tLK KLVtK 1NU bR I I tKT , I tKPIlrVHL , Vll. r ll. I GR 1Vi Vii moo' i 7- CLAIM TOTAL sI Ll WHOM PA I U OR r ?A I E NUM l_Al r, s s G & K TEXTILE LEASING SYSTEMS UNIFORM & TOWELS 10/09.96 1695 25e, s GOPHER STATE ONE-CALL,;INC JUNE.& JULY LOCATES `: 10/09/96 1896 8.0 • .. THE HARDWARE STORE _ MISC.PARTS & HARDWARE ' :: 10/09/96 1897 19.4 w I, JOSSEY-BASS INC., PUBLISHERS BOOK 10/09/96 1898 34.8 ,z MONICA AUMANN TRANSCRIPTION OF DEPOSITIONS 10/091,46 1899 522.4 1- I • Y.•s ...G* {. � .. Y a�: Q �rq� al�' $ta. `.,, .., V. ". e.Nf _ 3 _' .. ,�,x.. P4 ' .. - ' : '. ,s LO�Ifa ,fir, SONS u k.. r,«, #� SEPTEMBER` CLEANING &': SUPI SY 10%09/96'"1901 1,041.7 Is 17 MINNEGASCO SERVICE CITY HALL & SHOP 10/09/96 1902 112.6 ,s WRIGHT COUNTY AUDITOR -TREASURER 2ND HALF TAXES 10/09/96 1915 549.60 ss ♦ .8 J. WRYGH'�'1Cb �t ' P AUGUST�aTRACT"ERVYGE�10/fl�J/9V;17� 5 8,030�Oc 19 66 . �•, rove'G� 20 -'� MO f: , -sS.K.. a., w+s""x°i` :.. .I„r ON3 1�'A9 Qj1 28:01 :1 N 7'k5a .: EIlACtiS f±a*a. EF?�`E.GS .F , . r w`1©391:9905 .Y.,'� 22 23 52 MARK HATHAWAY DAMAGE DEPOSIT REFUND 10/09/96 1918 400.0( 2, BERNING DAMAGE DEPOSIT REFUND 10/09/96 1919 400.0' 54 26 .y �.- 0 som23 ...,T.; #. A w r C 'F 7 2D , 2• 30 1:7' kta�' ��i'hL: �� aiB�Pa kays"S�'a�y.>���sx �� NAPA OF tLK KLVtK 1NU bR I I tKT , I tKPIlrVHL , Vll. r ll. I GR 1Vi Vii moo' i 7- 35 AIRGAS OXYGEN & ACETYLENE 10/09/96 1907 10.8E 36 CITY OF ROGERS AUG -DEC 1996 FIRE CONTRACT 10/09/96 1908 2,108.9( 37 } r / J --4- , 38 2Ai✓� E ; 2•NAVA" N 42 H G WEBER OIL COMPANY DIESEL FUEL & GREASE 10/09/96 1912 574.64 44 43 „.w„«y fi^" Jnr 47 WRIGHT COUNTY AUDITOR -TREASURER ASSESSOR BOOK 10/09/96 1914 12.0( WRIGHT COUNTY AUDITOR -TREASURER 2ND HALF TAXES 10/09/96 1915 549.60 ss ♦ .8 J. WRYGH'�'1Cb �t ' P AUGUST�aTRACT"ERVYGE�10/fl�J/9V;17� 5 8,030�Oc ,...... .., h „y d «x z „"*rti-' > ,. ^ s, •: ZIEGLi_i =i .:.,��.,>�, .Y.,'� t> ... <...:i0/09/96 : .17 52 MARK HATHAWAY DAMAGE DEPOSIT REFUND 10/09/96 1918 400.0( 33 BERNING DAMAGE DEPOSIT REFUND 10/09/96 1919 400.0' 54 PETTY CASH- PHYLLIS COKLEY POSTAGE,SUPPLIES,FILM,ROLLS 10/09/96 1920 48.5: A w r 7 I ClaimS List forAPPrevel or the period 10/01/96 to 10/019/96 CLAIM TOTAL 4 TCS L. RAIU FOR WHAT PURPOSE DATE NUMBER CLAIM II] e WRIGHT COUNTY RECORDER MORTGAGE INFO - BARE KOLE 10/09/9b 1921 S.00 WRIGHT COUNTY RECORDER VARIOUS RECORDING FEES 10/09/96 1922 97.50 RAQZWILL LAW OFFICE SEPTEMB.ER SERVICES 10/09/96 1923 6,842.30 0 �:.;... to 12 13 14 17 '� F14, a::t fp 74,219. TOTAL FOR MONTH 9121,