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10-28-96 CCBasic Fee Escrow Deposit DEVELOPMENT APPLICATION C( CITY OF OTSEGO Case No. Date Filed Receipt No. STREET LOCATION OF PROPERTY: 8899 Nashua Avenue_ NE LEGAL DESCRIPTION OF PROPERTY: (See Attar -hied) (OWNER OF NAME: City, of Otsego PHONE: 441-4414 ADDRESS: Otsego MN APPLICANT NAME: City of Otsego PHONE: 441-4414 (If other than . Owner) ADDRESS: 8899 Nashua Avenue NE- Otsego, MN NATURE OF LEGAL OR EQUITABLE INTEREST OF APPLICANT Documentation (Copy of Deed Etc.) must beattached. REQUEST: x Conditional Use Permit Rezoning Subdivision x Variance 1 per 40 split Rear Yard Se.tback Trans. of 1 per 40 Zoning Amendment PUD Appeal WHY SHOULD REQUEST BE GRANTED: (In vour own words) City deaires to relocate locally significant historic structure Structure would be located near_parkinv, yet out of the way. APPLICANT acknowledges that s/he understands that before this request can be considered and/or approved, all fees, including the basic application fee and any escrow processing deposits must be paid to the City and that, if additional fees are required to cover costs incurred by the City, the, (iW Cl .rk has a rightto require additional escrow amountssndpa=ent_ **NOTE: THERE WILL BE NO PROCESSING OF ANY APPLICATION UNTIL THE PROFESSIONAL FEE RESPONSIBILITY FORM HAS BEEN FULLY EXECUTED BY THE OWNER AND APPLICANT OF THE PROPERTY. ,SI rN .D- Fee Owr4r V tl I Contract for Deed OwnerDZ� Other Owner in Chain of Title Purchaser by Purchase Agreement Other Owner in Chain of Title Applicant Other Than Owner FOR CITY USE ONLY Evidence of Ownership Submitted: Yes No Required Certified Lot Survey: Yes No Required Legal Description Adequate: Yes No Legal Ad Required: Yes No - Date of Planning Commission Hearing: Approved Denied By Plak=g Commission on: Approved Denied By City Council Subject to the following conditions: City of Otsego Old Town Hall Relocation The old township hall is situated near the public works garage at the intersection of CSAH 39 and Nashua Avenue. The proposed relocation is to move the building to the new City Hall site via Nashua Avenue. The proposed placement of the building is shown in the attached Figure as being west of the south parking lot. Photos of the proposed location are -also attached. Once relocated the building would be restored to its former town hall state over a period of several years. The building would then serve as an historic museum and possible meeting place for community groups. Other functions are as yet undefined. Structure Characteristics The structure is approximately 22' 4" x 36' 2" (808 SF). The approximate height of the building is 21.5 feet. The building is all wood construction including framing members, siding, and roof materials. A sketch of the interior of the building indicates that no sinks, toilets, or mechanical area were provided. The structure was heated with a centrally located pot-bellied stove. Setback Requirements and Minimum Lot Area Institutional uses of this type require a five acre minimum lot size. The City Hall property meets this requirement. The setbacks are 50' from the Nashua Avenue ROW (front yard), 50' side yard, and 50' rear yard. The proposed placement provides a 377' front yard, 100' side yard, and approximately a 35' rear yard setback. The rear yard setback, however, is to the Otsego Prairie Park property line. The staked location to the front of the building is approximately 37' west of the parking lot curb face. Elevations of Structure No elevations have been drawn of the township hall. The attached photographs illustrate the current condition of each of the building's sides. Utilities Required Dependent on the use of the building, electric and gas service may be required. Thus far, the only discussion has been to restore the building to its original condition. There has been no discussion as to whether the interior would be modified to include sinks or toilets. If this were to be undertaken, obviously water and a septic system connection would be required. Water most likely could be tapped off the new City Hall. The design criteria for the sanitary system of the new City Hall should be reviewed to determine whether the drainfield could function for this structure if required. Alternatively, septic drainfield areas would need to be identified. Draonaae The proposed location is in the tail end of a very shallow swale at approximate elevation 914. The parking lot elevation is approximately 916. We would recommend a minimum floor elevation of 915.5 so that positive drainage could be achieved on all sides of the building. A slight swale would be necessary between the building and the parking lot. Parking Considerations No additional parking is planned to be provided. Parking will be shared with the City Hall parking lot. If additional parking is needed in the future for City Hall or Park activities, the likely expansion would be to the east in the direction of the metal storage shed and open area (ice rink areas). If the parking lot were expanded to the west, the logical expansion would be a double loaded bay, 64 feet in width. If pavement were to extend the full length of the existing lot, the township hall structure would encroach onto the paved area. Such a westward expansion, however, would require the clearing of trees east of the park and probably would be avoided. Only 45' would be available westerly of a 64' wide expansion area and the park property line. This would be a rather tight squeeze for locating a 36' long building with appropriate grading, etc. A curb cut and hard surface walk will need to be provided between the parking lot and the building to make it handicapped accessible. ot703.oth 'Its •,� cam.,:„:'d••r�k�t��?++ ' it x,'„ vii`kf �,,�`:vy, J•Y,y`iy ' a�sia{�ik b4 j,p ` i s't stir`.• '• .3••tat+� xd y ��},�r � t ♦ aw •. �i l� I ilk x� 'r.. �•/• �• • . f �'• Y � R A 1 /' x� • � t� w � IIC• ••• , X`"� �,•. �4�� . ti rt'�1{!.. �r .`.+ ,� .l i ,t..-� (S'Ar �: ( A •. .,•d s .. •�j,��J,•x�Y� 47, SO �• •^fit' ' •�G .o. Sa �, �1i.�'YA M ( � ib. ��tt r�� .�4`'�lS�� r'•• 11.t ;�A►VI II. �.��'.:n i's�i��I I�r�i�nrlri• Eifi� j�i`Ari -.t +�Iirpilli. 1 _ y�•. y. f.. ♦ . 'r:s ;P•a (,� .Ys':::. F '�' . ..A •n+.►�•. �. �•'� R7 �.A il• , r a fi..�S..i�JLCti• � . N Teri *,I�a .} .si E t ,' r - r f `' •�•ycTt+a�,l. ��v.►i•Ws r �. • • y x '"�.: .K �:: * >' 1.��s',a•�,�y`%Y r � .. t . !Yc r• V '•r „^`�"' = i>z-.•, •t -+••.- � . •�. 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"r f..�_y.� EXHIBIT A DESCRIPTION OF PROJECT AND LAND An approximately 8,600 square foot community'center,tQ be located on the following described parcel: ► The north 535.00 feet of the south 885.00 !!� feet of the east 480.00 feet of the north half, of the Northwest Quarter of section 20, Township 121, Range 23, Wright County, l Minnesota. i D 233146 10-22-1996 03:17PM FROM Radzwill & Couri Law Offi TO I I —y- 'o 114 0 68,v --- Jo 08�r 6 4270520 P.03 .j N 'A 0) 6 4270520 P.03 .j N x I � \\ • 1 x � uNi rvi x 0 \ N / 360 N .o f a W 3 p i I x i n \\'° Im O °;Va i' Z .1 A t--- II \ co I Ix CI) 1 to I 1 / D x 10101 ro I ^\ (X a — m x a N I 6 � Z% I �. I 535.01 i 'D I / \ 3NI d A8Vd `-- - - - - - - - - - - - - 1 F1/ a I O ®rO. �0> m. 1' '3® = 11 1 r a a 0°v o �. t i Nx 0 s 1 aobo 103 .00 I 1 _ 1 tA HUA AV . x I ----- -ego--- --------------- ---- -------------------- - - - - - - ----- ---- - --�---_\`�\��\ \\\\\\ ♦\ v \\\ N"CS 1 < CD \a ` n `♦ \ I a /0 = \\ D x -- iZ D �\ \ r \\ ``---------\-- • l Dp z o a--x\��x -� i IL x 91 ,2 /� �` 7� �\\ ' \ �I I 16.5 I 1 I 1 917,21 x 29_�� CA K — 3.5 I I ! I x g 14Ll / x 913,1 -71J ^ x 913,4 I I 13,7 x I I 916,6 K_�, -��[�� I �ieRY NORTH 91 1,K FZ I ---91,5, MRS xi II I I SCALE: 1": 50' fTl 14.1 / V06,98 I I I ( SITE PLAN ! 1 I OLD TOWN HALL RELOCATION' o ///-7 .Zc, ''0144), of lido � c7 -- �".,+ ��. 7 —700 �� -- . '� CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION DEPARTMENT MEETING DATE CONSENT AGENDA FINANCE OCTOBER 28,1996 ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 5.1 CONSIDER WORKSHOP FOR BUDGET P.Cokley The City's Truth In Taxation public hearing is scheduled for Thursday, December 5, 1996 and the continuation date, if necessary, is scheduled for Thursday December 12, 1996. I believe it would be of benefit to schedule a council worksession prior to the hearing date to review the proposed budget, and the presentation process. I will prepare the same sample overheads that were used in the 1996 budget process for your review and recommendation. Possible dates for a worksession would be November 6th, 18th, 20th or 21st. Any of these dates will allow time for preparation before the worksession, and time for revisions prior to the public hearing date. It is recommended that the City Council set November 18, 1996 at 6:30 P.M. for a 1997 proposed budget worksession. If this date is unacceptable, November 20, 1996 is the second recommended date. CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 5:CONSENT AGENDA CITY CLERK Oct 28, 1996 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB, CC 5.2 Consider *9.1 Ensminger to be continued at owners request to 11/12/96 BACKGROUND: This item was on 1/14/96 agenda and Applicant/Owner asked to have it continued as they needed more information. Wally Klus again called and asked to have this continued until November 12, 1996 as Jim Ladner, who was handling this sale to Ensminger is in France and won't be back for this meeting. RECOMMENDATION: Staff recommends this be continued to the Council Agenda of November 12, 1996 at 6:32OPM as requested by applicant/owner. Thanks, Elaine DEPARTMENT, MEETING DATE 5.CONSENT AGENDA CITY CLERK July 8,1996 6:30PM CITY OF OTSEGO PLANNING COMMISSION MEETING October 16, 1996 8:00 PM 1. Chair Swenson will call meeting to order, Chair Swenson called the Planning Commission Meeting to order at 8:00 PM ROLL CALL: Present: Chair; Carl Swenson, Commissioners; Ing Roskaft, Arleen Nagel, Jim Kolles, Richard Nichols and Bruce Rask. Commissioner Eugene Goenner arrived at 8:20 PM. Council Representative; Larry Fournier Staff: Bob Kirmis, City Planner; Elaine Beatty, City Clerk/Zoning Administrator; Carol A. Olson, Secretary. 2. Consideration of Minutes of October 2, 1996: Ing Roskaft motioned to approve Planning Commission Minutes of October 2, 1996. Seconded by Arleen Nagel. Richard Nichols - page nine (9), first paragraph should be under Item 7. On page eight (8) first paragraph add " some level of expansion to current operation be allowed". Ing Roskaft motioned to accept the Planning Commission Minutes of October 2, 1996 with changes. Arleen Nagel seconded. All in favor. Motion carried. 3. Continued from Oct 5, 1996 PC Mtg. . Letter from W W Kins Reality Re Dev, Chair Swenson stated that this item was continued from October 5, 1996 meeting and asked Mr. Kirmis to expand on NAC's memorandum. Mr. Kirmis - to summarize, Mr. Ladner, in the letter dated September 18, 1996, is requesting guidance from the Planning Commission as to the acceptability of this particular use on MRD property either east or west of Hwy 101. Mr. Kirmis read NAC's report dated October 10, 1996. We do consider this a warehouse use. The comprehensive plan currently suggests residential use east of Hwy 101. That is reflective of the Wild and Scenic provisions. Elaine has contacted the DNR and the DNR will potentially be changing some of the provisions, which may make an allowance for commercial uses on the east side of the highway. At this time they do not, so the city can do nothing to make an allowance for that use. On the west side of Hwy 101, the land use plan suggests commercial use of the MRD property. Also suggests this property as "primary retail center". Mr. Ladner is looking for some general comments from the Planning Commission as to how they feel about this proposal. Bruce Rask - felt this belonged in the third industrial site, (warehouse, big storage areas) not in one of the city's primary sites. Elaine Beatty explained that close proximity to the school area is an issue. Mr. Klus also said it would be an interim use and could be used for something else later. It would be a block building with all inside storage. PLANNING COMMISSION MEETING of October 16, 1996 cont'd Page 2 Ing Roskaft - would that be east of Outlot B, in Outlot A. Can we get Quaday Avenue completed so that it is paid for. It would be nice to have that service near the school and since it's a block building it could be used for something else later. Mr. Kirmis stated that it would be in Outlot A. Proposed 88th Street doesn't go past there yet. Larry Fournier - Bruce Rask had some good comments. There may be a more appropriate area. Richard Nichols - agreed. Arleen Nagel - Hwy 101 and the Co Rd.39 area should be kept for retail. Chair Swenson - This is a discussion item. Let the Planning Commission minutes reflect the discussion. 1 ►i #. .irs►.e :.x.1.1 �.� ►I _�� u► I 111111WIlow WE Chair Swenson read the Planning Commission hearing procedures. Elaine Beatty stated that all the proper publishing, posting and mailings have been made. Mr. Kirmis went over the applicant's request. Also read NAC's report dated Sept. 30, 1996. NAC recommended approval with six (6) conditions, which he read. This is viewed as an improvement to the property with no adverse impact. Gwen Natus Gave Elaine Beatty a drawing of the garage elevation. 8600 O'Brian Ave NE Chair Swenson opened the hearing to the public for comment. There was none. Closed the hearing and returned it to the Planning Commission for any questions or comments. There was none. Chair Swenson re -open and closed the hearing as there was no public comment. Bruce Rask motioned to approve the CUP subject to the six (6) conditions listed in NAC's report. Ing Roskaft seconded the motion. All in favor. Motion carried unanimously. Elaine Beatty - this will be on the October 28, 1996 City Council Agenda. 5. Hearing for Terry and Jean Kienit_z, 14359 95th St NE, Otsego, MN 55330 PID#118-046-001010, 1, BI. 11, Olson Acres Request is as follows* A. Conditional Use Permit o allow* 1 more han one detached a cessorwhuilding, 2. to allow over 2,000 sq. ft of a ccory space Chair Swenson read applicant's request. Elaine Beatty stated that all the proper publishing, posting and mailing had been made. PLANNING COMMISSION MEETING of October 16, 1996 cont'd Page 3 Mr. Kirmis - two CUP's are necessary, one to allow more than 2,000 square feet of accessory storage space associated with a detached single family use (2,400 sq. ft. storage space). Two, to allow for more than one detached accessory building. Zoning is R-2 (Large Lot). The property is four and one half acres (4 1/2 acres). NAC recommends approval contingent on six (6) conditions, which he read from NAC's report dated October 2, 1996. Terry Kienitz Access will be on the south side. If there is a UPA easement 14359 NE 95th St. problem, he could always take the shed down. Chair Swenson opened hearing to the public for comment. There was none. Closed the hearing returning it to the Planning Commission. Mr. Kirmis - that is more desirable than coming in from the north, a west access would be preferable with vehicles being farther removed from adjacent property. Terry Kienitz, applicant - the way the lot is designed it will be built into a bank. Coming around to the back is more feasible. The building will be used more for tractors and not cars. Doesn't want to take trees or the bank. Chair Swenson re -opened the hearing to the public - no public comment. Closed the public hearing and brought back to the Planning Commission. Richard Nichols motioned to approve CUP, both for more than 2,000 sq. ft. and CUP to allow for more than one accessory building subject to items one thru six (1- 6) in NAC's report. Arleen Nagel seconded. All in favor. Motion carried. 6. Hearing initiated by the Otsego .i y Council• Request is as follows: A. Rezone certain portion of newly annexed Frankfort Territory from A -1,1a designations similar to Frankfort Zoning. Elaine Beatty stated that all the proper posting, publishing and mailing had been done. Mr. Kirmis - This was initiated by the City Council. The zoning ordinance stipulates that all newly annexed properties assume an A-1 zoning designation to allow the city to determine the appropriate use for the property and eliminate any problems from previous zoning. The City Council suggested that zoning designations similar to that which existed be applied to newly added Frankfort area. Frankfort Twp. Had only one B-1 business district. Otsego has several and there are probably two considered appropriate for that land previously zoned commercial. The City Council has requested a recommendation from the Planning Commission. The B-2 District is intended to provide for and limit the establishment of motor vehicle oriented or dependent high intensity commercial service activities while B-3 District is intended to be applied to Hwy 101 corridor. PLANNING COMMISSION MEETING of October 16, 1996 cont'd Page 4 Larry Fournier - thought it would be appropriate to have similar zoning to what was zoned under Frankfort Twp. Tom Koerwitz When in Frankfort my property (77acres) was considered 17069 53rd St. NE agricultural. On the map it appears that I'd be part of the new suburban residential area. I would like clarification as to classification, whether it be new residential or agricultural. Mr. Kirmis - on the map Frankfort provided, the land use and zoning map are one and the same. What they wanted to show with the new suburban residential area is that if development occurred it should be developed for residential. Anthony Swanson What is the difference between R-1 residential and R-3 residential, 16573 NE 59th St. Immediate Urban Service. Mr. Kirmis - the R-1 District under Frankfort is the one acre residential zoning District. In Otsego the one acre zoning District happens to be called R-3. They allow the same types of use at the same density. There is a lot width difference. In Frankfort in the R-1 District you'd be required to have 170 feet of lot width. Where as in Otsego, you'd only be required to have 150 feet of lot width, but basically the same district. Otsego has more zoning districts. B-2, Highway Business District and B-3, General Business District with allowed uses listed in Exhibit C and Exhibit D in NAC's report. John Richard 5648 Quilley Ave. NE When talking about Hwy 101 corridor, are we talking about east and west of Hwy101 and how deep does that go. Elaine Beatty - the east side of Hwy 101 is the only area that came into Otsego from Frankfort. Chair Swenson closed the public hearing and brought it back to the Planning Commission for any questions or comments. Eugene Goenner - concerned with Adult use -principal and accessory. Asked Mr. Kirmis the difference between Adult Principal use and Adult Accessory. Mr. Kirmis explained that the difference in the principal use and accessory use. There are numerous performance standards connected to Adult Principal uses. Adult uses would not be allowed because this is adjacent to a residential plat. Chair Swenson stated that could be a serious item of concern and should be checked out. PLANNING COMMISSION MEETING of October 16, 1996 cont'd Page 5 Mr. Kirmis - 98% certain this use would not be allowed because of the setback requirements. Richard Nichols motioned to table the rezoning to first meeting in November and direct the Planner to provide the 2% certainty. Eugene Goenner seconded the motion. Richard Nichols - Hwy 101 is the gateway to the city and if we have an option of controlling the Adult Principal Use with B-2 or B-3 zoning, than I am in favor of B-2. Mr. Kirmis - you could also make it a condition that no Adult principal uses would be allowed. Larry Fournier - I'm sure the land owners would like a decision regarding the rezoning in that area. Mr. Kirmis read Ordinance Sec. 32 Page 162. Adult use principal shall be at least 600 radial feet measured from a straight line from the following: Residentially zoned property, a licensed day care center, a public or private educational facility, such as elementary, junior or senior high, a library, public park, or another Adult Principal Use or an on -sale liquor establishment. Jim Peterson I have a property interest. We've had the property zoned Elk River commercial in 1988 or 1989. We waited for a nicer building than sheetmetal. We have no interest in Adult use principal business. Using B-2 to control the Adult use is kind of a back way. Would like B-3 for flexibility. Don't believe it is 600 feet. Willing to wait if you feel it's necessary, but would like to maintain the rights that the property was under for the past eight years. Elaine Beatty showed a map of the property in question. She explained the area of the property. The zoning is A-1 now and is only 300 feet. Eugene Goenner motioned to reconsider Richard Nichols motion. Richard Nichols seconded. All in favor. Motion carried unanimously. Richard Nichols motioned to make the zoning B-3. Ing Roskaft seconded. All in favor. Motion carried unanimously. This will be on the October 28, 1996 City Council Meeting at 6:30 PM. Eugene Goenner questioned Frankfort's map regarding zoning and asked if there wasn't already commercial in there. PLANNING COMMISSION MEETING of October 16, 1996 cont'd Page 6 Mr. Kirmis explained that we will go throu records and match legal descriptions and make sure that every parcel that was zoned commercial be carried over into Otsego. The directive was to transfer the development rights which previously existed under Frankfort to the closest thing we have available in Otsego. If the property was a legal non- conforming use in an Ag District, then that is what it becomes in Otsego. To zone commercial you are giving property rights that did not exist under Frankfort and is not consistent with what previously existed. Eugene Goenner motioned that Otsego adopt the same or similar zoning for the Frankfort annexed area that previously existed. Seconded by Richard Nichols. All in favor. Motion carried unanimously. This will be on City Council Meeting for Oct. 28, 1996 at 6:30. 7. Any other Planning Commission Business! Otsego Comprehensive Plan: Tactics Study: Mr. Kirmis explained that there will be an interview process to get opinions on the Comprehensive Plan regarding land use plan, sewer, etc. The intent is to obtain your opinions and what you feel is important. Suggesting half hour interviews for each of you. He and David Licht will be at Otsego City Hall on October 30, and 31, 1996. Judy Hudson will be setting up the interview appointments. 8. Adjourn, Ing Roskaft motioned to adjourn. Bruce Rask seconded. All in favor. Motion carried. Planning Commission Meeting adjourned at 9:15 Bruce Rask, Secretary Recorded by: Carol A. Olson PC101696:cw CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE '6: BOB KIRMIS, ASST: CITY PLANNER/CITY CLERK Oct 28, 1996 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 6.2. Consider Lin -Bar Development, Inc. 8495 Parnell Ave NE, Rogers, W PID #118-500-284340: (Cont. from 10/14/96) BACKGROUND: This was an item on the last agenda. The PUD Zoning was unanimously approved by the Council contingent on the Hans Haggen type of collector system being implemented and a final plat being approved. Attached is a letter from Lin -Bar's Engineers -Land Surveyors, for your information. Representatives from Lin -Bar will be at this meeting to discuss this information: STAFF RECOWMATION : This is a Council decision. Thanks, Elaine I . OCT -24-96 THU 13:39 MEYER-ROHLIN. INC. 612 6e2 9492 P.01 MEYER-ROHLIN, INC. 0 U Q ENGINEERS 1 -AND SURVEYORS 1 ii i i Wy. 25 N., Buffalo, Minn. 33313 Fax 612 -MZ -9492 Phone 612-632-1781 1-800,563-1781 q__2_ STATEMENT OF INTENT - SEWAGE TREATMENT RFs: Lin Bar Estates Otsego, Minnesota Lin -Bar Estates proposes a total of 39 lots on approximately 52 acres of land, located in the northeast quadrant of the intersection of NE 70th Street and NE Odean Avenue. Individual on- site septic tank and drainfield systems are proposed for each of the building lots. The soils are granular in nature, being very receptive to the on-site system. The one -acre minimum lot size provides ample area for the drainfield plus a second alternate location. Site grading shall be so restricted to reserve areas on the lot for the two drainfields to be located on undisturbed soils. A Lin -Bax Estates Collection System, designed to tie into a future central sanitary sewer, has been considered; however, many factors have made this an unfeasible approach. 1. The timing for a sanitary sewer system for this area would appear to be many years away - possibly 20 years or more. 2. The collection of sewage from the 39 homes and treating it with a septic tank and drainfield at one location would result in the dispersal of a large amount of liquid wastes into a concentrated location in the soils. "On -Site Sewage Treatment Manual", as prepared by the University of Minnesota Agricultural' Extension Service, in conjunction with MPGA, indicates severe problems have resulted with this high concentration. Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor i OCT -24-96 THU 13:39 MEYER-ROHLIN. INC. 612 682 9492 p,02 3. Coordinating the location of a proposed collection system with a future central sanitary sewer system would be difficult and likely subject to reconstruction. Changes at the time the central sanitary sewer system is constructed would reduce any cost savings by installing a collector system now. 4. Normal city services provide for watermaine and sanitary sewer pipe to be located in the street for ease of maintenance and servicing. At the time these city services are available would be the proper time to install the collection system. The builder is aware of the potential higher costs for services on these larger lots and the home owner will need to be advised also. S. In the manual prepared by the University of Minnesota Extension Service for "On -Site Disposal Systems", on page G-4, is stated: on systems should rarely be used to develop new home site. Setter sewage treatment will result and fewer groblems will develop if an adequate area of suitable soil is provided on each lot for the installation of an individual sewage treatment system " If the city sanitary sewer system would be constructed in the near future, this statement obviously could not be made. We highly suggest the concept plan be approved as shown, with the individual on-site sewage treatment system. Respectfully submitted, MEYER-ROHLIN, INC. Thore P. Mey Professional gineer CITY OF OTSEGO REQUEST FOR COUNCIL, ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE �6:BOB KIRMIS, ASST CITY PLANNER CITY CLERK Oct. 28, 1996 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 9.3. Discussion of John and Cheryl Adams Dog Kennel CUP (Cont from 10/14/96) RACKGR:E WM : This item was continued from the 10/14/96 Council Meeting. Cheryl Adams will be here with her information attached. Mr. Rasmussen, a neighbor has also been informed that this item will be on the agenda and we invited him to the Council Meeting. This kennel was allowed under a Conditional Use Permit. Because of the calls and complaints, we felt it needs to be reviewed by the Council: (See the attached information.) Cheryl Adams would like to give you her information and I'm sure Mr Rasmussen would also like to speak to tn18 issue. Th nks, laine DEPARTMENT: MEETING DATE CITY OF �1a•! 8B TSEGO 8899 Nashua Avenue N.E. ON THE GREAT RIVER ROAD (612) 441-4414 Elk River, MN 55330 Fax: (612) 441.8823 ctober i, 1996 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. eb 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. AL4�� Suzanne Ackerman 14-1-96 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 6. Tre 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 a¢orementioned findings. Based on the foregoing considerations and applicab-le ordinances, the applicant's request for a conditional use permit to allow the Rural Service Districent of a t kennel a 1 approved ed in its present ration within an Aform Agricultural ndcsub j ect Rural S Pp to the following stipulations. -A site plan based on a certificate of survey is submitted to deterritine compliance standards. The site plan should identify structure locations, driveways, wetlands, etc. 2. A11 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. S. The site 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 site's anima1 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 them from sun, rain and snow. C. If dogs are confined by chains, such chains rust be attached so not to become entangled with chains of other dogs. d. Individual ani.^tal enc? osures must be of a size to allow each dog to turn around fully, stand, sit and lie in a 3 WC1? � J � 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 facilities are provided to Miriznize vi.rum infestation, odors and disease hazards. Adequate storage and ref ri geration is provided to protect g� food gupplies against contamination and deterioration. 7. F;c retail activities or commercial boarding of dogs occur upon the subject site. S. Pick-up and delivery of dogs is conducted solely by the kernel operators/property owners. 9 , The outdoor exercise/eonf insment area is screened from view of future single family development to the north. Such screening may be provided either via: a; a green belt planing strip __._.... -_. _____ ��'cr��i G�.11O( % Vim. r, v.�i "�iv wi L..'• fence to provide a solid screening effect. - All screening efforts shall be subject- to City approval. lo. 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. Ali signage must comply with applicable provisions of the Sign Ordinance. 12 . if applicable, drainage easements are provided over the site's wetlands. This item should be subject to further corment by the City Engineer. 12 . If two (2; or more written conkplai nts are fixed in ma one :tcnth period regarding the barking of dogs, the City y its discretion, hold a rehearing of the conditional use permit with the potential of revocation of the permit being ordered by the City Council. 13. --opies of all Co%inty and State kennel inspecrti.a reports are forwarded to the City. 14. If gross viol3.t-0n9 ere ide„:.ified in County a _d•/cr Stare inspections, or if there are repeated vti olations of applicable City ordinances, the Citva•f ac ite discretion, cold a rehearing of t e ccnc�icional us a per:” '>>itr• the pOCen�:al of revccat:o:z of the permit being ordered by tie Cicy Coun�=-1 4 WOR 1 Y ADOPTED by the Otsego City Council this .12th day.oi July 1993. CITY OF OTSEGO By: No F. Fres e, Mayor 5 532422 OFFICE OF CouNT Y RErROER WRIGH I COUN i Y• MINNESOTA CERTIFIFO TO PE FICF0 AND/:". '393 AUG -3 MARCIA LAN TTO. CO.RECORDER 8Y 0 F P U T I 'PC,? S• ADOPTED by the Otsego City Council this .12th day.oi July 1993. CITY OF OTSEGO By: No F. Fres e, Mayor 5 532422 OFFICE OF CouNT Y RErROER WRIGH I COUN i Y• MINNESOTA CERTIFIFO TO PE FICF0 AND/:". '393 AUG -3 MARCIA LAN TTO. CO.RECORDER 8Y 0 F P U T I 'PC,? 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. c>c*o be -r 14, 19 919 _ 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 CV C 0A4 m 2, attachments I c Yq1-sxZ3) OFFICE MEMORANDUM I TO: Dr. Friendshuh FROM: Carl Denkinger DATE: July 10, 1993 SUBJECT: Minnamota Homawand Bound 1 _ this facility 1' �Yi i� .��_. .T:=tJ�CtE'G vfll=. °-`i"' a;_177"irYa. of c� licensed kennel. T e operate out of Mrs. Wai..= home but it i l ti gal! a voluntoev o7 saYs2C.-:Z.on zmaz PICKS up szraym anzL surrenders C-i'Yd then sell_ or p.'_ac _. then thvouEh pet 02apt i —,- days at'd}'iopping centers retialis etc. All of the dogs c.:"'t_ ,:':i.tned <td_::. ua::_ o.._ the particular dog. Thoy are alkswed out tor. ifi_a: of too da to exnrci == In a lar gs fenced � r.. facility n diffur,•. nt th...: most ._'t Cli. in 1 ('_. ��_ T_ - tha a; .gni}..iii�_;fi; T 1:�il.r;i.. .�'.C'. 1's the 4:a.+;.cJ .LNL'f.�.3 dt ,Qh the size of the `a::I l It j. it w=ould Lo ='_.r that .: h e J Napa 11 only 'V =''r'! moveable d 0_ _i m that ; . v .... a :'.i ... a possibility of being :old or adopted to a new owner. They dD nat: hzt-ndle'-CtiKv' at 'al 1. 1 recommend that this f ciiity Le C` anL4ed licenEq t o operat C STATE OEMINNESOTA BOARD OF ANIMAL HEALTH —'1 W. PLATO BLVD. .PAUL, MN 55107 (612) 296-3428 KENNEL INSPECTION REPORT NAME r 14congloarj *&2;'Jj OWNER -MGR. L1c-ra=, C�lictaj S __ ADDRESSM0NTI GES M9 LICENSE NO. 001 LIgS Cgto� A S — SATISFACTORY T :.. IDENTIFICATION . • A RE U — UNSATISFACTORY H RE S NI U NA R REQUIRED SIGNS POSTED S NI U NA A NI — NEEDS IMPROVEMENT A NA — NOT APPLICABLE SHELTER — Cold, Rain, Sun / V BLDG. CONSTRUCTION & MAINTENANCE d O G '� U DRAINAGE E RUNNING WATER T N R FOOD STORAGE ✓ BEDDING O 1� RCLEANLINESS — Runs �/ LA HOSPITAL ROOM WASTE DISPOSAL — Premises ✓ FEEDING HEATING I WATERING +/ N VENTILATION C UTENSILS (Clean) A ,--.• DRAINAGE.- O rf R CAGE SIZE { R ENCU SURES — Construction, E GROUPING—SPACE f !� Maintenance .� TEANLINES$ — C,ages' , :— RECORDS K'ENNEL CAP '., , .T .-DOGS CATS —�— O ANIMALS 0.1`4 F Ak - DOGS CATS T :.. IDENTIFICATION . • YES ` NO H E HOLDING PERIOD R REQUIRED SIGNS POSTED POSTING 3 REQUIRED NOTICES YES NO COMMENTS — RECOMMENDATIONS VETERINARY CONSULTANT /r r,'k1k EUTHANASIA (Method) �L4�//h c (` /J n CARCASS DISPOSAL TYPE OF INSPECTION — Complaint New `" License Ren. Routine INSPECTOR: DATE: ORIGINAL TO OFFICE STATE OFMINNESOTA BOARD OF ANIMAL HEALTH r 'IV. PLATO BLVD. PAUL, MN 55107 (612) 296-3428 KENNEL INSPECTION REPORT NAME OWNER-MGR.1"��4( ADDRESS LICENSE NO. ANIMALS ON HAND DOGS `L CATS T U —UNSATISFACTORY IDENTIFICATION YES NO H A S —SATISFACTORY HOLDING PERIOD. `-1d, A RE R REQUIRED SIGNS POSTED S NI U NA POSTING 3 REQUIRED NOTICES POSTING S NI U NA EA NI — NEEDS IMPROVEMENT A NA — NOT APPLICABLE SHELTER — Cold, Rain, Sun BLDG. CONSTRUCTION & MAINTENANCE O � U DRAINAGE E RUNNING WATER T N O BEDDING FOOD STORAGE O R CLEANLINESS —Runs A HOSPITAL ROOM L R ,I) — Premises WASTE DISPOSAL FEEDING s� HEATING I / f/ WATERING / ✓ C UTENSILS (Clean) VENTILATION A O DRAINAGE CAGE SIZE R � J R ENCLOSURES — Construction, E GROUPING —SPACE Maintenance RECORDS CLEANLINESS — Cages Runs KENNEL CAPACITY DOGS CATS O ANIMALS ON HAND DOGS `L CATS T IDENTIFICATION YES NO H HOLDING PERIOD. `-1d, i REQUIRED SIGNS POSTED YES— ES R POSTING 3 REQUIRED NOTICES POSTING YES _&Z NO COMMENTS - RECOMMENDATIONS VETERINARY CONSULTANT 1 %.1 f�� gC'° �" / EUTHANASIA (Method) IVI CARCASS DISPOSAL/{//d TYPE OF INSPECTION — Complaint New License Ren. Routine ✓ INSPECTOR: 1174DATE: QA, �G � v � ORIGINAL TO OFFICE l/ STATE OF MINNESOTA BOARD OF ANIMAL HEALTH 90 W. PLATO BLVD. PAUL, MN 55107 ,-,2) 296-3428 KENNEL INSPECTION REPORT NAME q0m,1WCLCJ DaUJ 11041 OWNER -MGR. ADDRESS LICENSE NO. A R E A S — SATISFACTORY NI — NEEDS IMPROVEMENT S NI U NA A R E A U — UNSATISFACTORY NA — NOT APPLICABLE S NI U NA SHELTER — Cold, Rain, Sun POSTING 3 REQUIRED NOTICES YES NO BLDG. CONSTRUCTION & MAINTENANCE 0 G U DRAINAGE T E RUNNING WATER N ✓ D BEDDING 0 E FOOD STORAGE R ✓ 0 CLEANLINESS — Runs R A HOSPITAL ROOM L WASTE DISPOSAL ./ — Premises HEATING I ✓ FEEDING WATERING ✓ N VENTILATION C UTENSILS (Clean) ✓ A DRAINAGE ✓ R CAGE SIZE' R ENCLOSURES — Construction, E GROUPING — SPACE ✓ Maintenance ✓ CLEANLINESS — Cages RECORDS Runs 0 T H E R KENNEL CAPACITY DOGS CATS Q ANIMALS ON HAND DOGS 3s CATS IDENTIFICATION YES NO HOLDING PERIOD ru' &d REQUIRED SIGNS POSTED YES NO POSTING 3 REQUIRED NOTICES YES NO COMMENTS — RECOMMENDATIONS - n INSPECTOR: VETERINARY CONSULTANT EUTHANASIA (Method) ni- Esu //niC CARCASS DISPOSAL Nl TYPE OF INSPECTION — Complaint New License Ren. Routine DATE: ORIGINAL TO OFFICE f4-1 STATE OF MINNESOTA BOARD OF ANIMAL HEALTH 90 W. PLATO BLVD. PAUL, MN 55107 2) 296-3428 KENNEL c)f"L INSPECTION REPORT NAME E6Md-warA '96,104 M1 OWNER -MGR. L ADDRESS LICENSE NO. R S— SATISFACTORY IDENTIFICATION YES ✓ NO HOLDING PERIOD R U— UNSATISFACTORY REQUIRED SIGNS POSTED YES NO ✓ S NI U NA E S NI U NA E A NI — NEEDS IMPROVEMENT A NA — NOT APPLICABLE SHELTER — Cold, Rain, Sun BLDG. CONSTRUCTION & MAINTENANCE O 1 G U DRAINAGE E RUNNING WATER T N D BEDDING E FOOD STORAGE O R CLEANLINESS — Runs A HOSPITAL ROOM L R J — Premises ✓ WASTE DISPOSAL FEEDING ✓ HEATING I WATERING v N VENTILATION C UTENSILS (Clean) A DRAINAGE j/ CAGE SIZE, R R ENCLOSURES — Construction, E GROUPING — SPACE Maintenance RECORDS CLEANLINESS — Cages v Runs O T H E R KENNEL CAPACITY DOGS CATS �— ANIMALS ON HAND DOGS CATS n IDENTIFICATION YES ✓ NO HOLDING PERIOD REQUIRED SIGNS POSTED YES NO ✓ POSTING 3 REQUIRED NOTICES YES NO COMMENTS — RECOMMENDATIONS w . 1 / 'f / • / / INSPECTOR: 1 11.rinn 14 VETERINARY CONSULTANT N ;ne - Ve-7 �- EUTHANASIA (Method)4A 11 CARCASS DISPOSAL A41A TYPE OF INSPECTION — Complaint New License Ren. Routine t� DATE: ORIGINAL TO OFFICE STATE OF MINNESOTA BOARD OF ANIMAL HEALTH 90 W. PLATO BLVD. PAUL, MN 55107 2) 296-3428 KENNEL INSPECTION REPORT NAME MN OWNER -MGR. tr A'tc11J.L-5 ADDRESS LICENSE NO. A S — SATISFACTORY A U — UNSATISFACTORY R S N I U NA RE I S N ULNA E A NI — NEEDS IMPROVEMENT A NA — NOT APPLICABLE SHELTER — Cold, Rain, Sun BLDG. CONSTRUCTION & MAINTENANCE ✓ O G E RUNNING WATER ✓ U DRAINAGE T N ✓ D BEDDING E FOOD STORAGE O R CLEANLINESS —Runs �/ A HOSPITAL ROOM R - i/ / V ✓ — Premises WASTE DISPOSAL FEEDING ✓ HEATING / WATERING N VENTILATION C UTENSILS (Clean) n A DRAINAGE CAGE SIZE ✓ R E GROUPING — SPACE R ENCLOSURES — Construction, I/ Maintenance / CLEANLINESS — Cages RECORDS Runs O T H E R KENNEL CAPACITY DOGS CATS ANIMALS ON HAND DOGS CATS 2 IDENTIFICATION YES NO HOLDING PERIOD_b��.ri s.0 -"C REQUIRED SIGNS POSTED YES NO POSTING 3 REQUIRED NOTICES YES NO COMMENTS — RECOMMENDATIONS INSPECTOR: INSPECTOR: LS -00034 VETERINARY CONSULTANT 10L_p� �-tG EUTHANASIA (Method) � � I C- 1, CARCASS DISPOSAL TYPE OF INSPECTION — Complaint New License Ren. RoutineL--- DATE: ORIGINAL TO OFFICE STATE OF. MINNESOTA BOARD OF ANIMAL HEALTH 90 W. PLATO BLVD. PAUL, MN 55107 2) 296-3428 KENNEL INSPECTION REPORT NAME OWNER-MGR.l ��st�n� S CATS ADDRESS LICENSE NO. A S — SATISFACTORY Z � DOGS CATS 7 T ANIMALS ON HAND _+ LZ` — A R U — UNSATISFACTORY YES NO H R HOLDING PERIOD S NI U NA E REQUIRED SIGNS POSTED S NI U NA E NI NEEDS IMPROVEMENT YES NO---,—" A NA —NOT APPLICABLE A — SHELTER — Cold. Rain, Sun ✓ BLDG. CONSTRUCTION & MAINTENANCE O G U DRAINAGE E RUNNING WATER T N D BEDDING R FOOD STORAGE O / 0A CLEANLINESS —Runs HOSPITAL ROOM L R ✓ ✓ — Premises WASTE DISPOSAL FEEDING HEATING I WATERING ✓ C UTENSILS (Clean) L/n NVENTILATION A DRAINAGE r/ CAGE SIZE I/ R E GROUPING —SPACE R ENCLOSURES — Construction, ,/ Maintenance t� CLEANLINESS — Cages RECORDS Runs KENNEL CAPACITY DOGS CATS O Z � DOGS CATS 7 T ANIMALS ON HAND _+ LZ` — IDENTIFICATION YES NO H HOLDING PERIOD E REQUIRED SIGNS POSTED YES NO R POSTING 3 REQUIRED NOTICES YES NO---,—" COMMENTS — RECOMMENDATIONS INSPECTOR: LS -000]4 VETERINARY CONSULTANT �' 1��•r �` �� ' l C.� EUTHANASIA (Method) CARCASS DISPOSAL �Il� TYPE OF INSPECTION — Complaint L/ New License Ren. Routine DATE: ORIGINAL TO OFFICE STATE OF"MINNESOTA BOARD OF ANIMAL HEALTH 90 W. PLATO BLVD. qT. PAUL, MN 55107 i 12) 296-3428 KENNEL INSPECTION REPORT NAME llnwi e, tj c—r c NJ, OWNER -MGR. C- R�aCL)'G, S LICENSE NO. ADDRESS A R S — SATISFACTORY CATS n H IDENTIFICATION YES -� NO A U —UNSATISFACTORY R REQUIRED SIGNS POSTED YES E YES S NI U NA R S NI U NA A NI —NEEDS IMPROVEMENT A NA — NOT APPLICABLE SHELTER — Cold, Rain, Sun BLDG. CONSTRUCTION & MAINTENANCE ✓ O G ✓ U DRAINAGE E RUNNING WATER T N O BEDDING E FOOD STORAGE ✓ R CLEANLINESS —Runs HOSPITAL ROOM L � R — Premises WASTE DISPOSAL f HEATING FEEDING I WATERING ND VENTILATION C UTENSILS (Clean) / A DRAINAGE CAGE SIZE R R ENCLOSURES — Construction, ✓ '� E GROUPING —SPACE Maintenance CLEANLINESS — Cages EEI RECORDS r/ Runs O KENNEL CAPACITY DOGS CATS Q T ANIMALS ON HAND DOGS �SZ CATS n H IDENTIFICATION YES -� NO E HOLDING PERIOD �NO R REQUIRED SIGNS POSTED YES POSTING 3 REQUIRED NOTICES YES NO COMMENTS - RECOMMENDATIONS Ve-L A:,u LS -00034 VETERINARY CONSULTANT n1/1 Z_ kr"n41'(GK EUTHANASIA (Method) 6!'e -// t4 CARCASS DISPOSAL &I TYPE OF INSPECTION — Complaint New License Ran. ["', Routine J ORIGINAL TO OFFICE CITY OF OTSECO REQUEST FOR COUNCEL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 6:BOB KIRMIS, ASST CITY PLANNER CITY CLERK Oct 28, 1996 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 6.4. Consider Michael and Gwen Natus, 8900 O'Brian Avenue NE, Otsego, W PID#113-031-001180 A Conditional use Permit to allow the following: A. More than one detached accessary building BACKGROUND By Ordinance, we have a procea5 of CUP for more than one detached accessory building. The Planning Commission Heard this matter on October 16, 1996. There was no opposition by anyone in the audience at the Hearing. The P.C. Voted unanimously to approve the request for CUP with the Conditions of NAC's Report. (See Attached Planning Condition Minutes). STAFF RECOMMENDATION: Approve the CUP for More than one detached accessory building with the conditions of NAC's Report. Thanks, Elaine Hakanson Anderson Assoc., Inc. October 21, 1996 Michael & Gwen Natus 8600 O'Brian Avenue Otsego, MN 55330 RE: Building CUP Dear Michael and Gwen: Jl : 13601 Thurston Avenue 1( OCT 2 2 19Q6 `Anoka, Minnesota 55303 I J 612/427-5860 Ia yL ilFax 612/427-3*4 +- 0520 It has been brought to our attention that we have not requested a drainage easement over the ditch that runs through the back of your property. In the past the easement was required and received from your neighbors when they processed CUP. We are requesting a 20 foot drainage easement from the center line of the ditch each way or a total of 40 feet. The ditch has,been historically the stream that conveys the majority of upstream runoff. At .ime the ditch has been flowing at capacity. The City feels that it is very important to acquire these easement over major drainage ways to insure that if the ditches need maintenance and repair, the City can enter the property to do the necessary work. The only rights you, as a landowner, give to the City by giving an easement is for drainage purposes with the right to enter and egress the property. and make repairs and maintain the water course. If you have any question on this matter, please contact me. .,. Z -Al Ccro1y, HAKANSOJN ANDFRSON ASSOCIATES, INC. Cav�rence jig Enclosure oshak, PE ;c: Elaine Beatty, Clerk Bob Kirmis, NAC Andy MacArthur, Attorney OT2179.mn Engineers Landscape Architects Surveyors v _ 0 x #969 rDo, 43 GJ X3140�©x a� ©09G9"' Z\ � 307 0319 A \ r I � x91. �Og r x91ua '� d` \�t�\ ` ov ' O 1 O ` • �i' —• — • — • -- "i , 707.7 709.7. r 'pRAfelX46F \ �I iLJ _ r 891.9 D� \xit2c l 86—J 3107 _ate _ a \► \ W IV �— —ae�+ x _ —7. Jnr— —t— —L_' —r•r— --_ — `--�— -—B6Mr-ST. it-- — I I. INC MEMORANDUM NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH TO: Otsego Mayor and City Council FROM: Bob Kirmis DATE: 17 October 1996 RE: Otsego - Natus CUP FILE NO: 176.02 - 96.22 Attached is a Findings of Fact applicable to the Natus accessory building request. Please note that the findings reflect the Planning Commission's recommendation on the matter. This item is scheduled for City Council consideration on 28 October 1996. PC: Elaine Beatty Jerry Olson Andy MacArthur Larry Koshak 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 CONDITIONAL USE PERMIT APPROVAL CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE: FINDINGS OF FACT AND DECISION Application of Michael and Gwen Natus for a conditional use permit to allow more than one detached accessory building in association with a detached single family residential use. On 28 October 1996, the Otsego City Council met at its regularly scheduled meeting to consider the application of Michael and Gwen Natus 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 1. The applicant is requesting a conditional use permit to allow more than one detached accessory building in association with a detached single family residential use. 2. The subject property is zoned R-2, Residential Immediate Urban Service (large lot). 3. The subject property lies within the City's Immediate-tJrban Service Area, as illustrated in Otsego's duly adopted Comprehensive Plan. 4. The legal description of the property is as follows: Lot 18, Block 1, Vasseurs Oak Grove Estates, City of Otsego, Wright County, Minnesota. 5. Section 20-4-2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the 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 proposed use will be compatible with adjacent properties. As such, the use is consistent with the intent of the Comprehensive Plan and the property's R-2 zoning designation. b. The proposed use's compatibility with present and future land uses of the area. The proposed accessory storage building will be compatible with present and future uses in the area. C. The proposed use conforms with all performance standards contained herein (i.e., parking, loading, noise, etc.). The proposed use will conform to all applicable performance standards. d. The proposed use's effect on the area in which it is proposed. The proposed use will not tend to or have an adverse effect upon the area in which it is proposed. e. The proposed use's impact upon property values of the area in which it is proposed. While no detailed study has been conducted, similar situations dictate that the proposed use will not tend to depreciate area property values. f. Traffic generation by the proposed use in relation to capabilities of streets serving the property. Traffic generated by the proposed use is within the capabilities of O'Brian Avenue which serves the property. 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 can be accommodated by existing public service facilities. The proposed use will not overburden the City's service capacity. 6. The planning report, dated 30 September 1996 prepared by Northwest Associated Consultants, Inc., is incorporated herein. 7. On 16 October 1996, the Otsego Planning Commission conducted a public hearing to consider the proposed conditional use permit application preceded by published 2 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 allow more than one detached accessory building in association with a detached single family residential use is approved in its present form subject to the following conditions: 1. A site plan, based on a certificate of survey, is submitted. Such plan shall be drawn to scale and accurately illustrate all site structures, including the proposed garage. 2. A building elevation(s) of the proposed accessory structure is submitted which specifies structure height. The proposed structure shall comply with applicable height requirements. 3. The proposed accessory structure is not to be utilized for home occupation, commercial related activities, or the keeping of animals. 4. The proposed accessory structure match the principal building in color. 5. Drainage and utility easements are provided as may be recommended by the City Engineer. 6. A determination is made by the Building Inspector that the accessory building satisfy applicable building type and material requirements. I<3 ADOPTED by the Otsego City Council this 28th day of October 1996. ATTEST: 91 CITY OF OTSEGO M Norman F. Freske, Mayor Elaine Beatty, City Clerk/Zoning Administrator 4 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 6:BOB KIRMIS, ASST CITY PLANNER CITY CLERK Oct 28, 1996 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 8.5. Consider Terry and, Jean Rienits, 14959 - 95TH ST NE, Otsego, ISI 55330 PID #115-046-001010. A Conditional use Permit to allow the following: A. More than one detached accessory bldg. B. Over 2,000 Sq Ft of Accessory Space. BACIMOUND By Ordinance, we have a process of CUP for more than one detached accessory building. The Planning Commission Heard this matter on bctober 16, 1996. There was no opposition by anyone in the audience at the Hearing: The P.C. Voted unanimously to approve the request. for CUP with the Conditions of NAC's Report. (See Attached Planning Condition Minutes). STAFF RECOMMENDATION - Approve the CUP for A. More than one detached accessory building, and B. over 2,000 sq. ft. of accessory space, with the conditions of NAC's Reports 4hnks, Elaine INC MEMORANDUM NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH TO: Otsego Mayor and City Council FROM: Bob Kirmis DATE: 17 October 1996 RE: Otsego - Keinitz CUP FILE NO: 176.02 - 96.23 Attached is a Findings of Fact applicable to the Kienitz accessory building request. Please note that the findings reflect the Planning Commission's recommendation on the matter. This item is scheduled for City Council consideration on 28 October 1996. PC: Elaine Beatty Jerry Olson Andy MacArthur Larry Koshak 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 CONDITIONAL USE PERMIT APPROVAL CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE: FINDINGS OF FACT AND DECISION Application of Terry and Jean Kienitz for a conditional use permit to allow the following: 1. Total accessory storage space to exceed 2,000 square feet. 2. More than one detached accessory building in association with a detached single family residential use. On 28 October 1996, the Otsego City Council met at its regularly scheduled meeting to consider the application of Terry and Jean Kienitz 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: a. Total accessory storage space to exceed 2,000 square feet. b. More than one detached accessory building in association with a detached single family residential use. 2. The subject property is zoned R-2, Residential Immediate Urban Service (large lot). 3. The subject property lies within the City's Immediate Urban Service Area, as illustrated in Otsego's duly adopted Comprehensive Plan. 4. The legal description of the property is as follows: Lot 1, Block 1, Olson Acres, City of Otsego, Wright County, Minnesota. 5. Section 20-4-2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the 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 proposed use will be compatible with adjacent properties. As such, the use is consistent with the intent of the Comprehensive Plan and the property's R-2 zoning designation. b. The proposed use's compatibility with present and future land uses of the area. The proposed accessory storage building will be compatible with present and future uses in the area. C. The proposed use conforms with all performance standards contained herein (i.e., parking, loading, noise, etc.). The proposed use will conform to all applicable performance standards. d. The proposed use's effect on the area in which it is proposed. The proposed use will not tend to or have an adverse effect upon the area in which it is proposed. e. The proposed use's impact upon property values of the area in which it is proposed. While no detailed study has been conducted, similar situations dictate that the proposed use will not tend to depreciate area property values. f. Traffic generation by the proposed use in relation to capabilities of streets serving the property. Traffic generated by the proposed use is within the capabilities of County Road 39 which serves the property. 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 can be accommodated by existing public service facilities. The proposed use will not overburden the City's service capacity. 6. The planning report, dated 2 October 1996 prepared by Northwest Associated Consultants, Inc., is incorporated herein. 7. On 16 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 allow more than one detached accessory building in association with a detached single family residential use is approved in its present form subject to the following conditions: 1. A determination is made by the United Power Association (UPA) that the existing accessory building encroachment within the UPA power line easement complies within applicable National Electrical Code requirements. 2. The proposed accessory building is not used for home occupation/commercial related activities or the keeping of animals. 3. A building elevation (or elevations) is submitted which demonstrates compliance with City building height, type, and material requirements. 4. The proposed accessory building match the site's principal building in color. 5. Drainage easements are provided as may be recommended by the City Engineer. 6. One of the two existing driveway access points to County Road 39 is eliminated. 3 ADOPTED by the Otsego City Council this 28th day of October 1996. ATTEST: M CITY OF OTSEGO By: Norman F. Freske, Mayor Elaine Beatty, City Clerk/Zoning Administrator 4 NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN --MARKET RESEARCH PLANNING REPORT TO: Otsego Mayor and City Council Otsego Planning Commission FROM: Bob Kirmis / David Licht DATE: 26 September 1996 RE: Otsego - Frankfort Territory Rezoning FILE NO: 176.08 - 96.17 EXECUTIVE SUMMARY Background In conformance with Ordinance requirements, the recently annexed Frankfort Township territory has assumed an A-1 Agricultural Rural Service zoning designation. Such zoning designation is not, however, consistent with the various zoning designations which were applied to the same property under the jurisdiction of Frankfort Township. Under Frankfort jurisdiction, the area north of the Crow River and east of Highway 101 held agricultural, residential, commercial, and industrial zoning designations. To restore the development rights previously provided under Frankfort Township, the City of Otsego has initiated a rezoning of the property from the current A-1 designation to various zoning designations (i.e., residential, commercial, industrial) which most closely parallel those previously applied. Attached for reference: Exhibit A: Site Location Exhibit B: Frankfort Township Zoning Map/Land Use Plan Exhibit C: B-2 District Uses Exhibit D: B-3 District Uses 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 Recommendation In considering the rezoning of the former Frankfort Township' territory, an initial determination should be made as to whether the City's B-2, Highway Business or B-3, General Business zoning designation should be applied (to previously zoned commercial properties). Such determination is considered a policy matter to be determined by City officials. Based on the following review, our office recommends approval of the rezoning of the recently annexed Frankfort Township territory from A-1, Agricultural Rural Service to various designations which parallel those previously applied. Such rezoning action should, however, specify the commercial zoning district to be applied. ISSUES ANALYSIS Existing Zoning. According to Section 20-50-4 of the Zoning Ordinance: All territory hereafter annexed to the City of Otsego which is not shown on the Zoning Map shall automatically upon annexation be classified within the A-1 District and shall be subject to all regulations, notations, references, and conditions as are applicable to said district until such time that a determination may be made as to the proper district classification for such territory and an amendment can be made to that effect. Based on the preceding provision, all recently annexed Frankfort lands hold an A-1 zoning designation and are afforded only the development rights provided by such district. Effect of Annexation. Of specific issue in this matter is the previous zoning applied to the recently annexed Frankfort Township territory. Under the jurisdiction of Frankfort Township, the land area in question included agricultural, residential, commercial and industrial designations (see Exhibit B). Thus, the recent annexation has altered the development rights previously available to many properties. Judgement Criteria. In consideration of all rezoning requests, Section 20-3-2.F of the Ordinance directs the City Council and the Planning Commission to consider possible adverse effects of the proposed amendment. Their judgement shall be based upon (but not limited to) the following factors: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. K 2. The proposed use's compatibility with present and future land uses of the area. 3. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). 4. The proposed use's effect upon the area in which it is proposed. 5. The proposed use's impact upon property values of the area in which it is proposed. 6. Traffic generation of the proposed use in relation to capabilities of streets serving the property. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities, and its potential to overburden the City's service capacity. Because the lands in question are not specifically addressed within Otsego's Comprehensive Plan, a determination cannot be made that the proposed rezoning is consistent with such plan. As a rationale for such rezoning, however, the Frankfort Township Land Use Plan can serve as a basis for decision-making. As shown on Exhibit B, the Township's zoning map and Land Use Plan are identical. Thus, a basis for approval of the proposed rezoning is a finding that such action is consistent with the area's land use plan. District Comparison. An initial question to be addressed in the rezoning of the Frankfort territory is the applicability of Otsego's various zoning districts. The following is a listing of Frankfort Township zoning designations which previously existed in the area, and the City of Otsego's comparable zoning district standards. Such listing is intended to highlight possible inconsistencies in development rights. 3 Density Minimum Maximum Lot Width Lot Size Lot Size Agricultural Districts: Frankfort (A-1, General 1 per 40 1 acre 2.5 acres 200 feet Agriculture) Otsego (A-1, Agricultural 1 per 40 1 acre 2.5 acres 150 feet Rural Service) Residential Districts: Frankfort (R-1, Suburban --- 1 acre --- 170 feet Residential) Otsego (R-3, Residential --- 1 acre --- 150 feet Immediate Urban Service) 3 NOTE: See Exhibit B for zoning district boundaries As shown above, major differences between Frankfort's and Otsego's Zoning Ordinance provisions exist in the business districts where lot widths of 150 feet and 200 feet are applied. Generally speaking, however, the City of Otsego's Zoning Ordinance includes district provisions which are similar to those previously imposed in Frankfort Township. B-2/13-3 District Application. As part of the area rezoning consideration, a determination should be made whether the City's B-2, Highway Business or B-3, General Business designation should be applied. The B-2, Highway Business District is intended to provide for and limit the establishment of motor vehicle oriented or dependent high intensity commercial service activities. A listing of permitted and conditional uses allowed in the district is listed upon attached Exhibit C. While the B-2 District application may be consistent with the City's long term development objectives for the area, (as the area likely is not considered the "commercial center" of Otsego) its application would render several existing uses as non -conforming (i.e., furniture store). Alternatively, the City's B-3 District is intended to provide for high intensity commercial uses within the Central Business District and other intense commercial areas of the City. Generally speaking, the B-3 District is intended to be applied to the Highway 101 corridor E Minimum Lot Width Building Type Lot Size Business Districts: Frankfort (B-1, 1 acre 150 feet Maximum 50% exposed Business) metal on all sides Otsego (B-2, Highway 1 acre 200 feet Maximum 50% exposed Commercial and B-3, metal on all sides General Business) Industrial Districts: Frankfort (1-1, General 1 acre 150 feet Sides abutting streets and Industry) residential uses finished in wood, brick, stone, etc. Otsego (1-1, Limited 1 acre 150 feet Maximum 50% exposed Industrial) metal on all sides NOTE: See Exhibit B for zoning district boundaries As shown above, major differences between Frankfort's and Otsego's Zoning Ordinance provisions exist in the business districts where lot widths of 150 feet and 200 feet are applied. Generally speaking, however, the City of Otsego's Zoning Ordinance includes district provisions which are similar to those previously imposed in Frankfort Township. B-2/13-3 District Application. As part of the area rezoning consideration, a determination should be made whether the City's B-2, Highway Business or B-3, General Business designation should be applied. The B-2, Highway Business District is intended to provide for and limit the establishment of motor vehicle oriented or dependent high intensity commercial service activities. A listing of permitted and conditional uses allowed in the district is listed upon attached Exhibit C. While the B-2 District application may be consistent with the City's long term development objectives for the area, (as the area likely is not considered the "commercial center" of Otsego) its application would render several existing uses as non -conforming (i.e., furniture store). Alternatively, the City's B-3 District is intended to provide for high intensity commercial uses within the Central Business District and other intense commercial areas of the City. Generally speaking, the B-3 District is intended to be applied to the Highway 101 corridor E area between County Roads 39 and 42. A listing of permitted and conditional uses allowed in the B-3 District is provided on attached Exhibit D. While some question exists as to whether the B-3 District is within the City's long term development objectives for the area, such application is generally consistent with the current uses which exist in the area. As part of the City's consideration of the Frankfort territory rezoning, a determination should be made by City officials as to the most appropriate commercial zoning district application. CONCLUSION Considering that the City of Otsego's Zoning Ordinance includes zoning district designations which generally parallel those previously applied in Frankfort Township, our office recommends that the City approve a rezoning of the newly annexed properties to designations similar to those previously applied. PC: Elaine Beatty Andy MacArthur Larry Koshak 61 m x co D .5 0 SCALE 1N MILES I AGRICULTURAL / RURAL R EXISTING SUBURBAN RESIDENTIAL >R NEW SUBURBAN RESIDENTIAL AREAS ( PUBLIC WATER AVAILABLE OR CONTIGUOUS DEVELOPMENT POSSIBLE ) COMMERCIAL NOTE : APPLICABLE ZONING HIGHLIGHTED INDUSTRIAL €' :1;1 IN PARENTHESIS P PUBLIC SP SEMI-PUBLIC EXHIBIT B - FRANKFORT TWP. ZONING MAP/LAND USE PLAN B-2, HIGHWAY BUSINESS DISTRICT PERMITTED USES: • Adult use -accessory. • Animal hospitals and kennels. • Auto accessory store. • Barber shops. • Beauty parlors. • Commercial recreational uses. • Essential services. • Convenience grocery stores (not supermarket type and without motor fuel facilities). • Laundromat, self-service washing and drying. • Professional and commercial leased offices. • Governmental and public related utility buildings and structures. • Motels, motor hotels and hotels, provided that the lot contains not less than 500 square feet of lot area per unit. • Restaurants (not of the drive-in, convenience or drive-through type), cafes, on and off -sale liquor. , • Private clubs or lodges serving food and beverages. CONDITIONAL USES: • Drive-in and convenience food establishments. • Commercial car washes. • Motor vehicle fuel sales, truck stops, auto repair -minor, tire and battery stores. • Convenience stores with gasoline. • Accessory retail. EXHIBIT C B-3, GENERAL BUSINESS DISTRICT PERMITTED USES: • Adult use -principal and accessory.. • Animal hospitals and kennels. • Auto accessory store. • Barber shops. • Beauty parlors • Commercial recreational uses. • Essential services. • Convenience grocery stores (not supermarket type and without motor fuel facilities). • Laundromat, self-service washing and drying. • Professional and commercial leased offices. • Governmental and public related utility buildings and structures. • Funeral homes and mortuaries. • Motels, motor hotels and hotels, provided that the lot contains not less than 500 square feet of lot area per unit. • Restaurants (not of the drive-in, convenience or drive-through type), cafes, on and off -sale liquor. • Private clubs or lodges serving food and beverages. • Antique or gift shop. • Amusement places (such as dance halls or roller rinks). • Animal clinics (with no overnight care). • Books, office supplies or stationary stores. • Bowling alleys, • Carpet, rugs and tile. • Coin and philatelic stores. • Coin and philatelic stores. • Copy service, but not including printing press or newspaper. • Costume, clothes rental. • Department and discount stores. • Dry cleaning including plant accessory heretofore, pressing and repairing. • Dry goods store. • Electrical appliance stores including incidental repair and assembly but not fabricating or manufacturing. • Employment agencies. • Finance companies. • Furniture stores. • Furriers when conducted only for retail trade on premises. • Garden supply stores. • Haberdasheries and ladies ready-to-wear. EXHIBIT D • Insurance sales, claims and branch offices. • Jewelry stores and luggage stores. • Leather goods and luggage stores. • Record - music shops. • Sewing machine sales and service. • Shoe stores. • Tailor shops. • Theaters, not of the outdoor drive-in type. • Toy stores. • Travel bureaus, transportation ticket offices. • Variety stores, 5 and 10 cent stores, and stores of similar nature. • Wearing apparel. CONDITIONAL USES: • Drive-in and convenience food establishments. • Commercial car washes. • Motor vehicle fuel sales, truck stops, auto repair -minor, tire and battery stores. • Convenience stores with gasoline. • Accessory retail. CITY OF OTSEGO "QUES-Y FOR COUNCH, ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 7: ANDY MAC ARTHUR, CITY ATTORNEY CITY CLERK Oct 26, 1996 - 6:30PM 1 1 Livi 1V V111l3L' n: 11'EM WZ6URiPTION: PREPARED BY: EBFCC 9.i. Consider proposed Amendment to Animal Feadlot Regulations and Comprehensive Plan Amendment (Cont from 10/14/96) BACRGROUIND : The Animal Feedlot Regulation and Comp Plan Amendment was continued from 10/14/96 for the City Attorney to make the changes indicated by the Council and bring back to the Council for vote. See the attached information as updated by Andy MacArthur. BTAFT REC© NDATION a This is a Council Decision. If you agree the changes are what you indicated you wanted changed, Staff recommendation is to approve the Animal Feedlot Regulations and Comp Plan Amendment and the Summary for Publication (Final Version) Thanks, Elaine v William S. Radzwill lndrew J. MacArthur Michael C. Couri Megan M. McDonald October 16, 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: Final version- Proposed Feedlot Ordinance, Comprehensive Plan Amendment, And Summary For Publication Dear Council Members: Enclosed please find what is hopefully the final draft of a Feedlot Ordinance for the City along with a Summary of the same for publication. Also enclosed are the proposed amendments to the Comprehensive Plan which should serve to support the ordinance amendment. I have changed the ordinance to -enable existing operations to increase the total number of animal units at a presently existing facility to a cumulative total of twice the number present on the operation at the date of adoption of this ordinance. The revised ordinance also allows expansion by adding to a preexisting structure additional room specifically for the purpose of sheltering animals, if the applicant can prove that such a building expansion is necessary to accommodate the expansion allowed under this ordinance. In order to make such an improvement the applicant must obtain a conditional use permit. If the ordinance is satisfactory, I would recommend adoption of the previously submitted Comprehensive Plan Amendment and passage of the ordinance. I would also recommend adoption of the enclosed Summary for purposes of publication. Letter to Otsego City Council October 22, 1996 Page 2 I will be available at the City Council meeting on October 28 to answer any questions you might have regarding the proposed ordinance. Very my yours, ��d�rewX�. Mac ur RADZWI L & COURI Encls. cc: Bob Kirmis, NAC Larry Koshak, Hakanson Anderson 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 only reasonable and limited expansion of these operations shall be allowed. 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 unreasonably 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 such an intense 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 limited 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 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 (MPGA) 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 Sections 20-15 and 20-38 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 Sections 20-15 and 20-38 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 Sections 20-15 and 20-38 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 (MPGA) 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 Expansion of Existing Farm Structures: Conditional Use Permit 20-38-6 Destruction Of Existing Animal Feedlots 20-38-7 Existing Feedlots: Compliance With MPCA Requirements 20-38-8 Odors 20-38-9 Feedlot Setbacks 20-38-10 Manure Stockpile/Application Setbacks 20-38-11 Facility Closure 20-38-12 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 ten (10) animal units. 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. It is also understood that to remain viable a farming operation must have a reasonable ability to limited expansion. Due to these peculiar circumstances, 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 existing animal feedlot which raises the cumulative total of animal units above twice the number present upon the facility at the date of adoption of this ordinance. 6. Any construction, outside of normal maintenance, which has the effect of increasing the size of a building used for the purposes of housing animals which is done without the Conditional Use Permit required by this Section. 7. Ongoing violations of other City ordinances. 20-38-5: EXPANSION OF EXISTING FARM STRUCTURES, CONDITIONAL USE PERMIT: An existing animal feedlot, which is fully in compliance with this Section, which proposes expansion of an existing building used for the purposes of housing animals, and in order to facilitate allowed expansion under this Section, shall apply for a Conditional Use Permit. A Conditional Use Permit shall be issued provided that: 1. Applicant provide proof that the proposed building expansion is necessary to provide sufficient room for the number of animal units to be added, and that the number is allowable under this ordinance. 2. That the proposed building expansion is the minimum expansion necessary to adequately house said animals, and to comply with existing City ordinances. 3. That the expansion is to be done in such a manner as to not increase the nonconformity, and to minimize the impact on surrounding properties. 4. The provisions of Section 4.2.F of this Chapter are considered and determined to be satisfied. 20 -38-6: 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 a 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. 20-38-7: 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. 20-38-8: ODORS: Existing animal 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. 20-38-9: FEEDLOT SETBACKS: Lawfully established feedlots existing prior to the effective date of this ordinance may be continued in the location existing on such date. 20-38-10: MANURE STOCKPILE/APPLICATION SETBACKS: The following manure stockpile and application setbacks are required for all existing animal feedlots: CATEGORY MANURE APPLICATION Surface/ Incorporated Irrigation or Injected STOCKPILES Public lake, 300 feet 100 feet -lake 300 feet river, or 50 feet - stream river/stream Public streets 25 feet- 10 feet 25 feet (as measured surface from the outer 300 feet - boundary of the irrigation right-of-way) 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 20-38-11: 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. 20-38-12: ABANDONMENT: Owners and operators of animal 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 (11A-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 AN ORDINANCE ADDRESSING ANIMAL FEEDLOT OPERATIONS WITHIN THE CITY OF OTSEGO The following official summary of this ordinance has been approved by the Otsego City Council as clearly informing the public of the intent of the ordinance. INTENT AND EFFECT: It is the intent and effect of this Amendment to the Otsego Zoning Ordinance that the establishment of new animal feedlots be prohibited within the City of Otsego. It is also the intent and effect of this ordinance amendment that expansion of existing facilities be prohibited, except as specifically allowed and to the extent permitted within the ordinance amendment. The ordinance amendment allows existing operations to continue operation as legal non -conformities with additional rights not conferred upon other legal non -conformities allowing the operations to expand the number of animal units to twice the number existing upon the facility at the date of ordinance adoption. The ordinance also allows existing animal feedlots to repair buildings damaged to the extent of more than 50% of the market value of the building, as long as reconstruction is completed within one year from the date of the occurrence of the damage; and to make limited additions to structures for the purpose of housing increased animal units, subject to the terms and conditions of a conditional use permit. The ordinance also includes setbacks for manure application for existing facilities, and regulations for abandonment or closure of an animal feedlot. A specif is set of def initions have been added to the def inition section of the Otsego zoning ordinance related to Animal Feedlots. These definitions are generally taken directly from the existing Minnesota Rules or from State publications on the subject. However, the City definition of an "animal feedlot" differs from the Minnesota Rules in that it excludes operations of 10 animal units or less from the definition of an animal feedlot. These small operations cannot be expanded to constitute an animal feedlot. The ordinance also makes minor changes in other provisions of the zoning ordinance in order to incorporate or harmonize with the changes made by this ordinance amendment. Violations of the ordinance may be enforced by the City through either a criminal or civil action, pursuant to the existing penalty provisions contained within the Otsego City Zoning Ordinance. THIS SUMMARY APPROVED BY THE OTSEGO CITY COUNCIL this day of October, 1996. IN FAVOR: OPPOSED: CITY OF OTSEGO Norman F. Freske, Mayor Elaine Beatty, City Clerk CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION DEPARTMENT MEETING DATE 7. City Attorney October 28, 1996 ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 7.2. Address Change Judy Hudson DC BACKGROUND The attached map shows how Palmgren Avenue (Country Ridge) runs North of 85th Street then curves to a Northeasterly direction. At the time the developer's surveyor did the addressing, he used the North/South system and then changed to a East/West addressing system at the curve. The five residences with the East/West Addressing System has caused confusion for the Wright County Emergency Departments. They have had great difficulty locating these residences. In fact they have received one or two 911 calls. I wrote to all five (5) of the residents (see attached letter). The neighbors discussed this issue and responded. It was their consensus to leave the addresses as is. I discussed this with Wright County, Terri, who works with the 911 Addressing System. She feels the addresses should be changed to continue the North/South System. I told her what the residences wanted but she feels because of the liability issue, addresses should be changed. I called our City Attorney and went over the situation with him. He is responding under separate cover. STAFF RECOMMENDATION See Andy MacArthur's letter. CITY OF TSEGO 8899 Nashua Avenue N.E. ON THE GREAT RIVER ROAD (612) 441-4414 Elk River, MN 55330 Fax: (612) 441-8823 September 27, 1996 Dear Residents: Attached is a list of the names and addresses to which this letter is being sent. Also enclosed is a copy of a plat map showing the location of your residences in the Country Ridge Development. As you will note the addresses for Palmgren Avenue used the North/South system from 85th Street northerly and then change to the East/West system at the curve up to Parell Avenue. This has caused confusion for the emergency departments and, therefore, could create a life threatening situation. We are writing to you for a decision, to be made by all of the notified residents, in regards to your addresses. A unanimous decision must be made by all five (5) residences for one of the following: 1. Leave the addresses as they currently are. 2. Change all five (5) addresses to show continuity with the other residences on Palmgren Avenue. We suggest that all of you discussed this issue and respond to me by Friday, October 4, 1996. If the decision is to change the addresses, this will be done immediately and you will be notified of your new address. The 911 Addressing Department at Wright County will also be notified. The City will not be responsible for any costs incurred by you in the address changes. Sincerely, Judy Hudson Deputy Clerk enc. pc: Elaine Beatty, City Clerk/Zoning Administrator a in I #30"w M N r /222203 F+•+0 4 696:-10 ,1010 -- I BARTHEL ►1070 — ACRES *..r.. 1 0.7101 f"". #"" ire 2B 1 3 4 2 120,0 N.E. 89th J 1 ntcl 6 1 153 2 4 POGO F— w 1= % �16 CL Lj z 2 3OND R � g 7 J g 5 3� 2 1 ,,0.0 pow,060 4 nAi{n STposo RC<` 01 8 1 0.7101 f"". #"" 2B 1 3 4 2 120,0 = 67.4-110 1 - 2 7 n0°° 5 "". �° I Z 6770-�74 Q 4$ ,2Q�0 —L — ----- �k --— �' ------- -- ---- 2 ,m40 Z) 5 g ,mss �, 2 w 7 9 g 3 &74-308 >W42-IM120.0 GRE 1 ,SN6�0 7 9 •�-7O P .r�wo lama ,'°'° Q ,'{C 13 67a7 -qLF 2 •n"o w Q 2 +°+''° Z 8 I •n*-�o 9 .712-30 12 3 7th STREETw q. 4?th 6 g , 0�0 5 2 11 10 9 , ..2s-37 ..,s„ - 0 #1100 l+o.o I+o7o ,1W0 I ,,ow ,,ow , 8 1 � 3 6 g au0-30 us3-�e -------------------------j------- -------- N.E. 85th ST.-------------- ,400-30 #10010 &W -30,.o,. Fi 1 o�1 . ! — .� c r'f � S� r 10 /221201 #221202 0 n 1221207 List of residences in Country Ridge with addresses that need to be addressed. 118-052-004130 Kenneth P & Janet R Dewitt 15281 Palmgren Avenue NE Elk River MN 55330 118-052-004010 Kevin D & Patricia R. Anderson 15315 Palmgren Avenue NE Elk River MN 55330 118-052-005050 Jeffrey G Heidi D Engen 15320 Palmgren Avenue NE Elk RIver MN 55330 I�:�I�IZILj17•S17 Kevin L & Brenda L Magnuson 15302 Palmgren Avenue NE Elk River MN 55330 118-052-005070 Todd M Hagan & Jorgensen J L 15270 Palmgren Avenue NE ELk River MN 55330 6 e IN= S. RadzwiU Andrew J. MacArthur Michael C. Couri Megan M. McDonald October 23, 1996 RADMILL & 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: Proposed Resident Address Changes Dear City Council Members: I have been asked to provide comment regarding the proposed changing of certain resident addresses within the City. This matter was brought to my attention by Judy Hudson, Deputy City Clerk. Judy received information that 911 had trouble finding a particular address when called out on an emergency. 911 brought up the fact that certain addresses were hard to find due to the curved nature of the street and the designation of east west and north south relative to the road configuration. The City has statutory authority over addresses pursuant to Minn. Stat. 412.221, Subd. 18 as well as general authority for the government and good order of the City in Subd. 32 of the same statute. The City has passed its Ordinance Requiring Display Of Residence Addresses And Regulating The Location, Size And Type Of Such Display which calls for the assignment of addresses within the City. Thus, the City has authority to reassign addresses at its discretion. Based upon the potential liability that could accrue to the City in the event that the addresses in question are not changed and an emergency vehicle either cannot respond or its response time is slowed, I would recommend that the City Council direct that the addresses in question be changed so that they can more easily be located by emergency vehicles. § 412.221 CITIES, METROPOLITAN AREAS STATUTORY CI- ubd.18. Naming and numbering streets. Thd council shall have po Subd. 31. Seu by ordinance to name or rename the streets and public places of the city and _ by ordinance to r, to number or renumber the lots and blocks of the city, or any part thereof. any street in whic make and reco any dwelling or cc Subd. 19. Transient dealers. The council shall have power by ordinance with the sewer a: to restrain or license and regulate auctioneers, transient merchants and installation of su, dealers, hawkers, peddlers, solicitors, and canvassers. special assessmen Subd. 20. Taxicabs; baggage wagons. The council shall have power by Subd. 32. Gen ordinance to license and regulate baggage wagons, dray drivers, taxicabs, and the government automobile rental agencies and liveries. immorality, the f property, the bene Subd. 21. Animals. The council shall have power by ordinance to regu- health, safety, ord late the keeping of animals, to restrain their running at large, to authorizenot inconsistent ti their impounding and sale or summary destruction, and to establish pounds, state as it shall de and to license and regulate riding academies. Subd. 33. Adv Subd. 22. Health. The council shall have power by ordinance to prohibit authority to decic or regulate slaughterhouses; to prevent the bringing, depositing, or leaving independent gove Within the city of any unwholesome substance, to require the owners or =" council shall hav, occupants of lands jo remove unwholesome substances therefrom and in election the quest default thereof to provide for its removal at the expense of the owner or z` The results of the occupant, which expense shall be a lien upon the property and may be the council only E collected as a special assessment; to provide for or regulate the disposal of ti withdraw from tl: sewage, garbage, and other refuse, to provide for the cleaning of, and removal Subd. 34. Dec of obstructions from, any waters in the city and to prevent their obstruction decorations, signs or pollution. The council may establish a board of health with all the powers ` ings and parks. of such boards under the general laws. ' Laws 1949, c. 119, Subd. 23. Nuisances. The council shall have power by ordinance to 1961, c. 230, §§ 2, define nuisances and provide for their prevention or abatement. Laws 1973, c. 123, Subd. 24. Noise and disorder. The council shall have power by ordi- nance to regulate and prevent noise or other disorder. The 1955 amendmei Subd. 25. Amusements. The council shall have power by ordinance to taining to cemeteries, prevent or license and regulate the exhibition of circuses, theatrical perform- to acquire land by gi. or otherwise add: antes, amusements, or shows of an kind, and the keeping of billiard tables y P' g t originally enacted. and bowling alleys, to prohibit gambling and gambling devices, and to license, The 1961 amendme regulate or prohibit devices commonly used for gambling purposes. 4, which prior theretc Subd. 26. Vice. The council shall have power by ordinance to restrain "Subd. 2. Contrac and punish vagrants, prostitutes, and persons guilty of lewd conduct. shall have power to may be deemed neces Subd. 27. Dances. The council shall have power by ordinance to license effective any power F and regulate the operation of public dance halls and the conduct of public The village may pure dances. conditional sales cont er is confined to the r Subd. 28. Regulation of buildings. The council shall have power by property in case of n( of the purchase price ordinance to regulate the construction of buildings. � g over a period of nc Subd. 29. Repealed by Laws 1965, c. 670, § 14, eff. Jan. 1, 1966. "Subd. 4. Liabilit: Subd. 30. Restaurants. The council shall have power by ordinance to council shall have po against liability of th(- license and regulate restaurants and public eating houses. and employees for to 168 a CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE REQUIRING DISPLAY OF RESIDENCE ADDRESSES AND REGULATING THE LOCATION, SIZE AND TYPE OF SUCH DISPLAY. The City Council of the City of Otsego Ordains: Section 1. Compliance 1. Display. All houses and principal buildings in the City of Otsego shall display those numbers assigned to them by the City of Otsego. 2. Location and Size. Numbers shall be displayed on the houses or principal buildings in numerals not less than four inches high, and of contrasting color to the background. 3. Clearly Visible. Numbers shall be clearly from the nearest street. 4. Mailboxes. 0 In those cases where the principal building is obscured from the view from the street of address by accessory buildings, trees, shrubbery or other visual obstruction, the numbers shall be displayed on the mailbox in numerals not less than two inches high, of a light reflective material and of contrasting color to the background. 5. Posted Signs. In those cases where the principal building is obscured from the view from the street address by accessory buildings, trees, shrubbery or other visual obstruction, and the residence does not have a mailbox, the numbers shall be displayed from a permanent mounting on the property, clearly visible from the street, displayed prominently in numerals not less than four inches high of contrasting color to the background. Section 2. Penalties. Every person convicted of a violation of the provisions of this ordinance shall be guilty of a misdemeanor and shall be subject to those penalties contained in the State Statute pertaining to misdemeanor penalties as now exists, or is later amended, plus the costs of prosecution. CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE is ANDY MAC ARTHUR, CITY ATTORNEY CITY CLERK Oct 28, 1996 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 9.3. Discussion of Pole Building Rental on City Hail property (Cont. from 10/14/96) . BACKGROUND-: This was a discussion item on the last agenda. Council direction was to have Andy MacArthur look into this and report hack. See attached letter from Andy. STAFF' RECOWWDATION : Council Decision. Thanks, Elaine 'illiam S. Radzwill Andrew J. MacArthur Michael C. Court Megan M. McDonald October 24, 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: Proposed Storage of Vehicles In City Building Dear Council Members: I have been asked to comment on proposed storage of old fire engines within the old building adjacent to the City Hall. In my opinion, the proposal raises the following issues: 1. Liability for such storage needs to be examined. It first should be determined whether or not such vehicles would be covered by the City's insurance coverage, and whether or not such storage would be detrimental to continuing coverage or would cause increased costs in coverage. 2. The organization seeking to store the vehicles should provide proof of satisfactory primary liability insurance coverage, should agree to name the City as an additional insured with right to notice of cancellation on the applicable policy, and should agree to defend, and fully indemnify and hold harmless the City from any cause of action related to storage of the vehicles. 3. There should be a written agreement setting forth the terms and conditions of storage, the length of the proposed storage term, the right of the City to use the storage space for alternative uses if that becomes necessary (with a reasonable period of notice) as well as remedies available to the City in event of noncompliance (which should provide for quick removal of the vehicles) or abandonment of the vehicles. Letter to Otsego City Council October 23, 1996 Page 2 4. The cost of drafting a satisfactory agreement should be borne by the requesting group. The above are my comments related generally to liability issues. Whether or not the building is amenable to such storage is an issue for the City Building Inspector. Very t y yours, A ew J acAr ur RADZWIL & COURI I V. City of Otsego Engineer's Agenda Items City Council Meeting October 28, 1996 8.1 CSAH 37- ODEAN AVENUE IMPROVEMENT PROJECT 94-2 We are requesting that the council consider approval of final payment to Buffalo Bituminous, the contractor, in the amount of $27,093.41. The original bid was $307,979.25 and the final amount is $306,522.85. The project was slightly less than the bid. Wright County engineer has approved the final payment. Upon making the final payment, we will submit for reimbursement for R.O.W. costs, engineering, and construction costs from both M.B.A. and Wright County. Find accompanying a copy of the final payment form. 8.2 CULVERT REPLACEMENTS 70th Street (east of CSAH 19) The City of Albertville approved paying their portion of the costs for this pipe replacement. Fehn's Sand & Gravel Company has been notified. • Odean Avenue (south of Intersection with 83rd Street) This pipe is a 24" concrete pipe of unknown vintage. The west flared end section has drop or separated from the rest of the pipe. The separation has created a hole in the shoulder adjacent to the pavement. It is conceivable that left as is the pavement could be undermined. We have requested a quote from Fehn's to replace the pipe with a 48 LF of 36" RCP with flared end sections. It may be possible to repair the flared end on the existing pipe satisfactorily without installing a new pipe. We will have the quote and additional information at the council meeting. 8.3 85TH STREET/HALL'S POND DISTRICT REPORT • We were asked what the cost would be to do the field survey work in the stormwater drainage areas. The work would consist of locations of culvert pipe with size and elevations taken. This work would take about 80-100 hours of a 2 man crew. We estimate that to be $6400-$8000. agenda10.28 Weather conditions will dictate how much we can do at this time of the year. Our previous estimate for 85th Street was $10,000, however, we revised the estimate to about $7000. We will be doing 85th Street in metric since the project is MSA and that will be the requirement for all projects bid after 1997. The total field work for the area this fall should be in the range of $13,400 - $15,000. This work when complete should be adequate to design the project as presented, however, additional field work may be necessary for more detail or to prepare easement documents. • After the workshop on October 21, 1996, it was our impression that perhaps another workshop may be necessary before a public hearing is called. Discussion on this matter may be appropriate at this time, therefore, dates and time for workshop should be set. 84. ANY OTHER ENGINEERING BUSINESS agenda10.28 Hakanson Anderson Assoc., Inc. October 22, 1996 Elaine Beatty, Clerk City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: RE: City of Otsego Public Improvement Project No. 94-2 MSAP #217-105-01 MSAP #217-020-02 MSAP #86-637-22 CSAH and Odean Avenue Intersection Realignment Dear Elaine: Item 8.1 3601 Thurston Avenue Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3#6fi- 0520 The contractor has completed all work related to the above referenced project. At this time we recommend Final Payment be made to Buffalo Bituminous, Inc. for work performed on the project. We will be submitting final documents to the Division 3 State Aid Office after the Final Pay Request is signed. Please have the Mayor sign all four copies of the Pay Request and return the copies -marked "Engineer", "County", and "Contractor" to our office._ Retain the copy marked "Owner" for your files. If you have any questions, please do not hesitate to contact me. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. _ ,Eye) b - Kevin P. Kielb, PE kas Enclosure cc: Lawrence G. Koshak, PE ot323.eb2 Engineers Landscape Architects Surveyors Owner FINAL PAY REC ST Buffalo Bituminous Inc. PO Box 337 Buffalo, MN 55313 RE: PUBLIC IMPROVEMENT PROJECT NO 94-2 NE 70TH STREET (CSAH 37) & ODEAN AVENUE (MSAP 217-105-01, MSAP 217-020-02, SAP 86-637-22) BID AMOUNT: $307,979.25 AWARD DATE: May 23, 1995 COMPLETION DATE: September 2, 1995 BID SCHEDULE "A" - City of Otsego Public Improvement Project No. 94-2 Estimated Unit Contract Item No. Description Quantitv Price Amount Used To Date Fxtensinn 021.501 Mobilization 1 ILS $1,000.00 LS $1,000.00 1 LS $1,000.00 104.501 Clearing 33 TR 35.00 TR 1,155.00 37 TR 1,295.00 101.507 Grubbing 33 TR 35.00 TR _ 1,155.00 37 TR 1,295.00 2104.501 Remove pipe culverts 188 LF 4.00 LF 752.00 210 LF 840.00 _1_04.501 Remove fence Wire 90 LF 3.00 LF 270.00 225 LF 675.00 104.501 _Remove fence (Wood) 100 LF 3.00 LF 300.00 100 LF 300.00 104.505 Remove bituminous pavement i 8,150 SY 1.00 SY 8,.150.00 8,447 SY 8,447.00 104.505 Remove concrete slab 155 SY 1.00 SY 155.00 155 SY 155.00 104.509 _Remove sin 27 EA 8.50 EA 229.50 27 EA 229.50 2104.509 Remove timber cattle pass 70 LF 15.00 LF 1,050.00 70 LF 1,050.00 104.513 Sawing bituminous pavement 74 LF 2.00 LF 148.00 96 LF 192.00 104.521 Salvage fence 135 LF 5.00 LF 675.00 0 LF 0.00 105.501 Common excavation 34,537 CY 1.80 CY 62,166.60 34,537 CY 62,166.60 123.503 130.501 Motor Grader 60th St. maint. Water 60th St. maint. 60 60 HR Gal 60.00 15.00 HR Gal 3,600.00 900.00 8.5 117 HR Gal 510.00 1,755.00 211.501 Aggregate base class 5 6,886 Ton 6.00 Ton 41,316.00 5,935.10 35,610.60 211.501 Agg. base CL5 60th St. maint. 1295 CY 7.00 CY 9,065.00 816 _Ton CY 5,712.00 0331.601 2" bit. wearing course (driveways) 787 SY 4.50 SY _ 3,541.50 591 SY 2,659.50 OT323FP.WK4 Page 1 Estimated Contract Used Item No. ascription Quantit _ I _ Amount To Date Extension 2340.508 Type 41 wearing course mixture 1,482 Ton $23.50 Ton _ $34,827.00 1,473.05 Ton $34,616.68 23 504 14 T e 31 base course mixture 1,977 Ton 20.50 Ton_ 40,528.50 1,838.59 Ton 37,691.10 2357.502 Bituminous material for tack coat 919 Gal 1.00 Gal 919.00 700 Gal 700.00 0412.602 Relocate mailbox 4 EA 60.00 EA 240.00 5 EA 300.00 2501.511 15" RC pipe culvert class V 208 LF 26.00 LF 5,408.00 160 LF 4,160.00 2_501.511 18" RC pipe culvert class V 140 LF 28.00 LF 3,920.00 132 LF 3,696.00 ` 501.515 15" RC pipe apron 10 EA _ 280.00 _ EA _ 2,8_00.00 8 EA 2,240.00 501.515 2503.511 18" RC pipe apron 15" RC pipe sewer class III _ 4 567 EA LF 315.00 22.00 EA LF 1,260.00 12,474.00 4 628.7 EA LF 1,260.00 13,831.40 X2503.573 Install conc. apron storm 15" 2 EA 280.00 EA 560.00 2 EA 560.00 506.508 Construct manhole storm 3 EA 1,300.00 EA 3,900.00 3 EA 3,900.00 506.509 Construct catchbasin storm 3' EA 1,000.00 EA 3,000.00 3 EA 3,000.00 511.501 Random riprap CL III w/ Geo.. fab. 36 CY 40.00 CY 1,440.00 36 CY 1,440.00 531.501 531.501 Conc. curb and gutter design B61 Conc. curb and gutter design D41 1,450 1,264 LF LF 5.20 5.25 LF LF 7,540.00 6,636.00 1,454.50 1,259 LF LF 7,563.40 6,609.75 531.507 6" concrete driveway pavement 33 SY 26.00 SY _ 858.00 44.4 SY 1,154.40 0557.603 Wood fence hi h 254 LF 47.50 LF 12,065.00 280.2 LF 13,309.50 0_563.601 _6' Traffic Control 1 LS_ 3,000.00 LS 3,000.00 1 LS 3,000.00 0564.602 4" broken line yellow - tape 864 LF 0.25 LF 216.00 0 LF 0.00 0564.602 F & I sin panel(stop) 2 EA 165.00 330.00 2 EA 330.00 0564.602 F & I sign panel(stop ahead 2 EA 165.00 _EA_ EA_ 330.00 2 EA 330.00 05_64.602 F & I sin panel(winding road 2 EA 115.00 EA 230.00 2 EA 230.00 0564.602 F & I sign p nel (advisory speed) 2 EA_ 42.00 EA 84.00 2 EA 84.00 0564.602_ F_& I sign panel cross road 2 EA 115.00 EA 230.00 2 EA 230.00 0_564.602 F& I sign panel dead end 1_ EA 115.00 EA 115.0_0 1 EA 115.00 0564.602 F & I sin panel (two way traffic) 2 EA 115.00 EA_ 230.00 2 EA 230.00 0564.602 F & I sin panel hidden driveway) 1 EA 115.00 EA 115.00 1 EA 115.00 0564.602 F & I sin panel(pavement ends) . 1 EA 115.00 EA 115.00 1 EA 115.00 0564.602 F & I street name sin 1 EA 165.00 EA 165.00 1 EA 165.00 0564.602 Pavement mess. left arrowpaint 2 EA__ _ 20.00 EA_ _ 40.00 4 EA 80.00 0564.602 Pavement mess. (right arrow Pai 2 EA 20.00 EA 40.00 4 EA 80.00 0564.602 Pavement mess.(only) paint 4 EA 40.00 EA 160.00 4 EA 160.00 0564.603 24" stop line white - paint 30 LF 1.25 LF 37.50 38 LF 47.50 OT323FP.WK4 Page 2 Item No. ascription Estimated :;ontract Used Ouantity E a .Amniint Tr) Mata Fvtancinn 0564.603 0564.603 24" solid lini�eilow - paint 4" solid line white - paint 368 6,686 ! F L F $_0.80 0.15 L_F_ LF $294.40 1,002.00 564 6,215 LF LF $451.20 932.25 0564.603 4" double solid line yellow - paint 4,165 ILF 0.301F 1,2_49.50 3,001 LF 900.30 0565.602 0565.603 Furnish and install street light _ 2" PVC Conduit 2 307T__ IEA 0.00 _�. _ 5.001LF .EA - --- 0.00 _ 1,535.00 _ 2 307 EA LF 0.00 1,535.00 573.501 573.503 5_7_3.508 Bale check 160 IEA LF ISY 6.00 1.65 20.00 EA LF SY_ 960.00 35 EA _ 210.00 Silt fence, pre -assembled Bituminous lined flume 7,190 21 11,863.50 _ _ 420.00_ $__341.00 511.50 .5,774 19.3 LF SY 9,527.10 386.00 575.501_ 575.502 Seeding _ 3.41 AC_ _ $100.00 AC_ 3.5 AC $_350.00 Seed Mixture 800 170.5 LB 3.00 LB 200 LB 600.00 575.505 Sodding, type lawn 5,265 SY 1.50 SY 7,897.50 6,312 SY 9,468.00 _575.511 Mulch material type 1 _6.80 Ton 150.00 Ton 1,020.00 7.9 Ton 1,185.00 57_5.519 Disc anchoring 3.41 AC 25.00 AC 85.25 3.5 AC 87.50 575.523 Wood fiber blanket type regular 1,100 SY 1.00 SY 1,100.00 1,920 SY 1,920.00 575.531 Commercial fertilizer, 20-10-10 0.86 Ton 300.00 Ton 258.00 1 Ton 300.00 Supplemental Agreement #1 1 LS 11,472.50 LS 11,472.50 1 LS 11,472.50 Supplemental Agreement #2 1 LS 1,962.08 US 1,962.08 1 LS 1,962.08 U I NL MU ��.rttvu�c --H.- - i otai worK compietea to aate SUMMARY Less Pay Estimate #1: Less Pay Estimate #2: Less Pay Estimate #3: Less Pay Estimate #4: WE RECOMMEND FINAL PAYMENT OF: OT323FP.WK4 Page 3 $321,413.83 $306,522.85 Final Contract Work Amount Completed $321,413.83 $306,522.85 { 144,158.61 108,697.64 21,567.38 5,005.81 $27,093.41 APPROVr CONTRACTOR: Certification by Contract: I certify that all items and amounts shown are correct for the work completed to date. The Contractor agrees that no further claims for work associated with the project (except for work associated with Supplemental Agreement No. 1) will be made against the Owner. The Contractor agrees to perform all corrective and warranty work asi required by the contract documents. BUFFALO BITUMINOUS IN Signed t' A. Title /� y 4 Date ENGINEER: HAKANSON ANDERSON A560CIATES INC. Signed Title Date ILt, �,7 COUNTY: WRIGHT COUNTY DEPT. 1 Signed :OTFIGHWAVQ Title wz., �� Date %G OWNER: CITY OF OTSEGO Signed Title Date OT323FP.WK4 Page 4 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 9: COUNCIL ITEMS CITY CLERK Oct 28, 1996 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 9.1. Set Albertville's Fire Service Amount. BACKGROUND: This was an item on the last agenda. I did not have the information from Linda At Albertville. Attached is the faxed information from Linda. STAFF RECOWMMATION: I suggest that we set the Fire Service Amount per parcel for Albertville Fire Department Contract at $51:00 per parcel for a total of 239 parcels or $12,189.00. This is slightly under the amount of the contract, but we have a cushion in our fire service account. jan , Elaine OCT -24-96 SUN 00230 AM CITY OF ALB6RTVILL6 612 497 5210 P.01 Poet -12- brand Fax Tra ittal Memo 7672 :� :. �.::.,... "° °' .. s y, TM"' TO Ft" rvY•.•f ci ` company many Location (/ Location . • Dept. Chary. TWephorm Fax Jr Tolephone .nte O Original ❑ Dhq)O( .�— � Destroy Return can for plck.P TAX CAPACITIES FOR AREAS TO BE SERVED BY ALBERTVILLE FIRE DEPARTM _OTSEGO Township 121, Range 24 Section 14 Section 23 Section 24 Section 25 Section 26 Section 27 Section 34 section 36 Total Range 24 _dnship) 121 _ Range 23 -,action 31 Section 32 erection 33 Total Range 23 -------------- $178,276.00 -------------- $89,077.00 sscsaaaaaaaasaaaaascaaaasxaaaaaaaaaaxcsasasxa Total Otsego $267,353.00 FRANKFORT Township 120, Range 23 Section 4 - Section 5 Section 6 $120,354.00 $238.648.00 $56,277.00 Total Frankfort $415,279.00 sea sc a a a c x a a a a a a a a a n a: a: a s a a a sc s a z a a a= a a a z a a a City of Albertville $1,487.292.00 a3saaa3a:aaa=as=aaaanaaaaaas::aaaaaaaaa33.s. Albertville $1.487,292.00 0.6854120 $68.110.76 V nkfort $415,279.00 0.1913795 $19,017.77 ago $267.353.00 0.1232084 $12,243.47 ------------------------------------- $2.169.924.00 ------------------------------------ $2.169.924.00 $99.372.00 OCT -24-96 SUN 06:39 AM CITY OF ALBERTVILLE 612 497 3210 P-02 ALBERTVILLE FIRE DEPARTMENT Service Sections Part of 14-121-24 26-121-24 23-121-24 Part of 27-121-24 24-121-24 34-121-24 25-121-24 Part of 36-121-24 TOTAL NET TAX CAPACITY 178,276 30-121-23 31-121-23 32-121-23 33-121-23 TOTAL NET TAX CAPACITY 89,077 CITY OF AI EBMIILLE TOTAL NET TAX CAPACITY 1,487,292 10/1/96 1. OCT -24-96 SUN Oe:40 AM CITY OF ALHERTYILLE 612 497 3210 P.03 FIRE PROTECTION AGREEMENT This agreement made and entered into by and between the City of Albertville, a municipal corporation of the County of Wright in the State of Minnesota and the City of Otsego, in the County of Wright in the State of Minnesota. WHEREAS, Otsego desires the services of the fire department -of Albertville in case of fires occurring in Otsego as well as the emergency medical services of Albertville in case of a medical emergency, and WHEREAS, Albertville maintains a volunteer fire department with emergency medical response capability, which department is available to provide fire protection and emergency medical response services to properties located in Otsego, and THEREFORE, it is agreed by and between said parties as follows: 1. Albertville, through its fire department, shall provide fire protection and emergency medical response services to those properties in Otsego lying within the areas outlined in red on the attached map. Such fire protection and emergency medical response services shall be provided from January 1 through December 31, 1997. 2. Otsego shall agree to pay Albertville $12,243.47 in exchange for the provision of fire protection and emergency medical response services. Payment due for the year 1997 shall be made in two installments of $6,121.74 on or before July 1, 1997, and $6,121.73 on or before December 31, 1997. 3. Albertville's obligation to provide fire protection service and emergency medical response shall be subject to the following: a. If road and weather conditions at the time of the call are such that the fire/medical run cannot be made with reasonable safety to men and equipment, and the decision of the Fire Chief or his Deputy in charge shall be final in such matter, no obligation arises under this agreement on the part of the City of Albertville to answer such call. 1 OCT -24-96 SUN 08:41 AM CITY OF ALBERTVILLE 612 497 3210 P.04 b. In the event that a sufficient amount of the fire fighting/medical equipment and number of volunteer firemen, or both, are committed at the time of the fire call, in sole judgement of the Fire Chief or his Deputy, to fighting pre-existing fires or attending pre-existing medical emergencies, so as to render the available equipment and manpower inadequate to answer a fire or medical call from Otsego, no obligation shall arise under this agreement to answer such call, and no person or party shall have recourse against the City of Albertville for refusal to answer such call. A pre-existing fire/medical emergency to which the fire department of Albertville is called previous to receiving the call from Otsego and which fire is still being fought or medical emergency is still being attended to by the Albertville fire department at the time the call from Otsego is received. c. In the event a fire call by Otsego is answered by Albertvi-Ile, but before the fire in question is extinguished, the fire fighting equipment or volunteer firemen, or both are needed to fight a fire in Albertville or protect property in Albertville from a fire, the Chief or his Deputy without liability therefore to any person or to Otsego under this agreement, may in their judgement recall the fire equipment and firemen to Albertville for the purpose of fighting the fire in Albertville. The judgement of the Fire Chief or his Deputy shall be final and no person or party shall have recourse against the City of Albertville for any damages or losses resulting from such action or decision. 4. The parties acknowledge the fact that Albertville may enter into similar contracts with other municipalities, and acknowledge that Albertville has entered into mutual aid contracts with -other fire departments in other municipalities, and that a fire call under any such contract preceding a call in Otsego could be a valid and reasonable basis for the decision of the Fire Chief or his Deputy in refusing to answer a fire call in Otsego. 5. Because the City of Albertville has heretofore entered into mutual assistance fire fighting agreements with other municipalities possessing fire fighting equipment and firemen, which equipment and firemen could be called by the Chief or his Deputy to a fire in Otsego, the City of Otsego agrees to pay such additional cost as may be incurred thereby if in the sole judgement of the Chief or his Deputy, such additional fire fighting equipment and firemen are needed to fight a fire in Otsego and are in fact called to such fire by the Chief or his Deputy. CCT -24-96 SUN 08:43 AM CITY OF ALBERTVILLE 612 497 3210 P.03 IN WITNESS WHEREOF the parties have hereunto set their hands and seals this day of , 1996. CITY OF ALBERTVILLE By: Michael Potter, Mayor Attest: Linda Houghton, City Cler CITY OF OTSEGO By: Norman Freske, Mayor Attest: Elaine Beatty, City Clerk 3 October 25.96 Dear Mayor and City Council Members: Enclosed you will find reports of various kennel inspection sheets that I have had done since I have made some changes to my kennel room, along with some information about our organization. I have been placing adoptable animals since 1993. We have found good homes for hundreds of dogs. I receive my dogs from animal containments facilities in the metro area, and some come from previous owners. I also have been voluntarily going and picking up stray dogs in the City Of Ostego. Many residents get my number to call when they have a stray dog because the city has no animal control shelter. I have boarded approximatly 70 dogs free of charge for the city since I opened up my dog rescue kennel. There are a couple of additional changes that I will be making that are not complete yet. I have on order a device called a "Bark Breaker". This device is bark activated and emits a high frequency sound that the dogs don't like and will stop barking. I do not know if this works or not, it was recommended to me by Suzanne Ackerman, so I will give it a try. It should be here within the week. The next change that I will be making is the moving of the outside exercise area. I will be putting it behind the house and fully enclosing it with a 6 ft high privacy fence. I feel this will help to decrease the number of times the dogs bark. Currently the exercise area is in front of the house. So everytime someone comes up the driveway, they bark. By moving them to the back. I hope that this will help tremedously. Dogs will generally not bark if they can't see out either, so the privacy fence should help. Unfortunatly, due to winter fast approaching and finances, this part will not be done until spring. I will still continue to stop the barking as soon as they start. The dogs are usually stopped within one minute, and they are never left outside where no one is home and are always in by 10:00 at night, and are not let out at early morning hours. I look forward to discussing these issues further and in greater detail at the meeting. If you would like to contact with any questions prior to that feel free to call me. Thank you for your time. Sincerely, Cheryl Adams MN Homeward Bound Dog Rescue CjVAq ad a n,s October 25, 1996 City of Ostego 8899 Nashua Ave NE Elk River, MN 55330 Dear Mayor and City Council Members: At the request of Cheryl Adams, MN Homeward Bound Dog Rescue, I visited her kennel for an inspection on October 24, 1996. My criteria for kennel standards are taken from the MN state statute section 346.39, otherwise known as the pet and companion animal welfare act, applicable to dogs and cats. This same statute is applied as a universal code by animal control officals. Below you will find a listing of each subdivision of 346.39 with a report of what i saw at the kennel. Subdivision 1. Food. Dogs are fed once a day, a premium, high quality dog food. Puppies under the age of 6 months are fed twice daily. The food adequately meets the requirements for normal growth or maintence of body weight. The dogs appeared to be in good weight and health. The kennel is in compliance in this area. Subdivision 2. Water. Dogs are provided with clean water in the outside exercise area several times a day. I observed 7 large stainless steel water dishes. In the winter time dogs are offered water inside several times a day. Water appeared to be offered in sufficient quanity to satisfy the animal's needs. The kennel is in compliance in this area. Subdivision 3. Transportation and shipment. Most of this section does not apply since the dogs are not shipped for long distances. Plastic crates are used to transport the dogs to adoption days in the metro area. This is in compliance with this section. Subdivision 4. Shelter Size. The shelter area for the dogs is provide inside the kennel room where there are 9 chain link kennel runs. Each confined animal must be provided with a minimum square footage of floor space as measured from the tip of it's nose to the base of it's tail, plus 25 percent, expressed in square feet. The formula that I use for computing minimum square footage is; (length of animal plus 25 percent) , times ((length of animal plus 25 percent), divided by 144. This formula can be difficult to determine for this particular kennel, due to the fact that the size of the dogs changes often. As homes are found for dogs, new ones comes in. I have enclosed a chart that show each run's square footage and an example of how large, medium, and small dogs typically would be housed together. While this is not an exact science, I feel comfortable that there is enough shelter size for housing 30 dogs. On my chart I figured 35 dogs and I still came out with extra square footage. This lets me know that there is flexability within the kennel to accomodate larger dogs if needed. The dogs that were in the kennel on the day of my visit were 30 and the space provided exceeded the minimum standards. Again I would like to state that You do not need to measure each dog and get this techincal. Rather you do a rough sketch of the square footage available to see if 30 dogs is reasonably close. 30 dogs is very reasonable, as the square footage could house quite a few more dogs than 30, again depending on thi size of the dogs. Cheryl Adams stated to me that she works with foster homes, or will not take in any addittional dogs if she has no space. The kennel is in compliance in this area. Subdivision 5. Exercise. The dogs are exercised several times daily in a large fenced exercise area. Dogs are never left outside unattended or over night. They are not left outside for long periods of time in inclimate weather. Cheryl Adams asked me if she needed to provide shelter in the exercise area. If they were kept outside all thttime, or in an unheated facility, then the answer would be yes, and she would have to comply with the dog house statute 343.40. However the shelter is provided inside the kennel room. The exercise area is for exercise only and not permenent housing. A shaded area for the dogs is provided under a deck and also by the trees surrounding the fenced area. The kennel is in compliance in this area Subdivision 6. Group housing and breeding. Dogs are kept in compatible groups. On the day of my visist they were kenneled in groups mainly by size. All of the dogs in the outside exercise area got along well together. The breeding part of this section does not apply, since all of the dogs that come into this facility are spayed or nuetered prior to adoption. This also helps with the compatibility of the dogs. The kennel is in compliance in this area. Subdivision 7. Temperature. Confinement area is heated and air conditioned. The kennel is in compliance in this area. Subdivision 8. Ventilation. An indoor confinement area must be ventilated. The room has 3 windows across the front wall and 1 window on the adjoining wall. There was one fan in the window and free standing fan providing cross ventilation. The room also is provided ventilation through the heating and air conditioning system. On the day I was there the runs had been mopped down, and the concrete floor was dry and there was free movement of air. The kennel is in compliance in this area. Subdivision 9. Lighting The room is lighted with 5 ceiling panels each containing 4 flourescent bulbs. The light provided more than sufficient illumination for routine cleaning and inspection. The kennel is in compliance with this section. Subdivision 10 Confinement and exercise area surface The interior surfaces of these areas must be constructed and maintained so that they are substantially impervoius to moisture and may be readily cleaned. They must be kept in good repair and protect the animal from injury. The inside area has concrete floor and quality chink link fencing. The exercise area has a base of pea rock, that provides good drainage and is easy on the dog's feet. The kennel is in compliance in this area. Subdivision 11. Drainage Where applicable, a suitable method must be used to rapidly elimanate excess fluids from confinement areas. The outdoor confinement area as I stated above has a gravel base that provides a good way to keep excess fluids away from the dogs when they are exercised. This is the area where most of them will urinate. If they do urinate inside, a mop and disinfectant is used to clean up. All kennels will have plastic dog beds or raised platforms to help keep the dogs out of excess fluids. SubdiAsion 12, Sanitation Food and water receptacles are stainless steel bowls that are washed in a sanitizing solution. Open bags of dog food are stored in covered plastic containers. Unopened bags of food are stored in a detached garage, up off the floor on pallets Harmful chemicals and cleaning products are stored in a closed cupboard. Wastes are disposed of by a garage dumpster that is picked up weekly. Bedding that is used consists of newspapers and towels, plastic dog beds, and raised plastic platforms. All bedding was kept clean and dry. Outdoor exercise area was kept clean and the base material is replaced as necessary. The kennel is in compliance in this area. In regards to health and public safety, all dogs were vaccinated for rabies and numerous other vaccinations to protect the dogs from picking up diseases. The kennel has an established flea control program as well as an established parsite control program. Each individual dog was wearing a collar with an indentification tag, and to my amazement Cheyl Adams knew each one of their names. The animals seemed clean, well adjusted, happy, and very adoptable dogs. This concludes the areas that I covered in my inspection. I did not see anything out of order or that I would recommend need to be changed in the operation of this kennel. I have been a animal control officer for 8 years. I am certified through the Minnesota Animal Control Association, as well as the National Animal Control Association. Have completed training and schooling through the National Animal Contol Association's Acadamy, both Level 1 and Level 2 courses, as well as numerous courses through the MN Animal Control Association. If you have any questions or concerns on the information I have given you, please feel free to contact me at the animal shelter # 295-3808 or my voice pager # 295-7982. Kindest Regards, Patty S edel Animal Control Run size size/* of dos Minimum Sq. Ft extras . ft. Kennel 1 32.5 3 dogs 30" or less 29.5 3 ennel 2 32.5 3 dogs 30" or less 29.5 3 ennel 3 32.5 4 dogs 22' or less 21 11.5 nnel 4 32.5 4 d 22" or less 21 11.5 nnel 5 24.5 4 d 22" or less 21 3.5 nnel 6 [ennel 24.5 4 dogs 22" or less 21 3.5 nnel 7 24.5 4 dogs 22" or less 21 3.5 8 19 5 dogsl6" or less 13.5 5.5 Kennel 9 12 5 dogs 14' or less 10.6 1.4 Totals 234.5 35 dos 188.3 46.4 OCT -23-96 WED 03:42 PM ICONOVEX CCRORATION FAX NO. 6128965101 P.02 Jeffrey R. Dow 4833 So. Cedar Lake Road St. Louis Park, MN 55431 612-377-7358 October 23, 1996 To whom it may concern: I am a duly appointed State Humane Agent for the Minnesota Federated Humane Societies according to Minnesota State Law 343.01 and have been for 10 years. As such I investigate animal cruelty complaints and work with law enforcement personnel to enforce the State Animal Welfare Laws. I have been involved in many investigations and inspections of people's properties having large quantities of companion animals. I recently visited the property of Cheryl Adams who operates a non-profit organization called Mn Homeward Bound and provides temporary care and housing for stray and abandoned dogs that are placed up for adoption. I inspected the area where the dogs were housed as well as the exercise area and the food storage area. I observed 30 dogs, all seemed to be in good health and temperament. The kennels were of sufficient size and area to handle that many animals easily according to Mn Statute 346.39 Sub 4. In fact 1 found the facility to be more than in compliance to what is referred to as the 'Pet and Companion Animal Welfare Act" of Mn State Law sections 346.35 through 346.44 and specifically the laws on dogs and cats under Statute 346.39 concerning food, water, shelter, exercise, temperature, ventilation, lighting and sanitation. Besides meeting the basic requirements for State Law, I also found the facility to meet the standards of good commercial kennels. I have known Mrs. Adams for many years since she has been involved in taking in and caring for abandoned animals and 1 have always found her to be a very reasonable and responsible person who is knowledgeable on the care and needs of animals. If you have any questions or specific concerns on this, you can call me. Sincerely. Y 3 Jeff Dow State Humane Investigator STATE OF MINNESOTA BOARD OF ANIMAL HEALTH 90 W. PLATO BLVD. ST. PAUL, MN 55107 12) 296-2942 KENNEL INSPECTION REPORT NAME OWNER -MGR. ADDRESS LICENSE NO. A S — SATISFACTORY IDENTIFICATION YES NO �� /ij/ A U — UNSATISFACTORY HOLDING PERIOD • REQUIRED SIGNS POSTED RE NO iL S NI U NA RE S NI U NA A NI — NEEDS IMPROVEMENT A NA — NOT APPLICABLE SHELTER — Cold, Rain, Sun BLDG. CONSTRUCTION & MAINTENANCE ✓ J DRAINAGE N RUNNING WATER T ✓ OBEDDING R FOOD STORAGE R CLEANLINESS — Runs ✓ L HOSPITAL ROOM ✓ — Premises WASTE DISPOSAL HEATING FEEDING I ✓ WATERING C VENTILATION ✓ UTENSILS (Clean) D O A DRAINAGER CAGE SIZE .0/ f ENCLOSURES — Construction, E GROUPING —SPACE � � Maintenance CLEANLINESS — Cages RECORDS Runs O T H E R KENNEL CAPACITY DOGS CATS ANIMALS ON HAND DOGS 30_ CATS 0 IDENTIFICATION YES NO �� /ij/ / HOLDING PERIOD • REQUIRED SIGNS POSTED YES NO iL POSTING 3 REQUIRED NOTICES YES NO VETERINARY CONSULTANT EUTHANASIA (Method) CARCASS DISPOSAL 1tL�d TYPE OF INSPECTION — Complaint New License Ren. Routine COMMENTS — RECOM(/MENDATIONS/►/ .� „r7!.p �r,•tr,l� ,�I� .1 �,.`a s�J 414,2 a r u Lft id �Lf/ Q�/��/1 4-44, 1.� iL /` �,�/'/!►(.(/� ./t1/lw, .�1 lzh.M !/Y/i'f�L� '►� INSPECTOR: �� ,rSLw_ ,, DATE:In �91j Original Copy - Office LS -00034 Yellow Copy - Kennel Pink Copy - Inspector THE HUMANE SOCIETY OF WWGHT COUNTY 8875 Highway 12 - Delano, Minnesota 55328.612-972-3577 y Adoption - Can - Education -Advocacy 6- Education /0-23-9(0 A RC4 �4 T ANN N ESS. Lr1 /,t/� •v 5 'Tt�iSFT v !/r�5-v7'1L,g (Lv I T� W //JD ocv �i97►[ � F NE�Da�� ,,,� c6.� s7ieucr�o.� �� (tel C� � $tea D J�- 0 tSa'W"r AP� L1 �o,QRdd�fl � 1-7 ! 5 A-�LS Lc/iK/�ff !Ss/�j/ 3, f 14-RcA ! 5 //4/Q .� /4D� �X Z5,Q J / Ti�✓E /¢d r9�n s A2 E �T S7 oT a rsJ c� Ji7un T o.0 IWArro- THE HUMANE SOCIETY OF WRIGHT COUNTY 8875 Highway 12 • Delano, Minnesota 55328.612-972-3577 UA Adoption • Can • Education • Advocaq 6 Education -) �oo D �?Gr,2� � /S /•J f{- S�i¢,Qit-7� ,�u.�i�� %) Al ,VSo� 19a 60M-459 kyj 1100 9a I V41111VIli 1 ► 1 MCCCE'AWINAR' CHERYL ADAMS' 10377 95th St. NE, Monticello, MN 55362 t (612) 295-3116 ADOPTED DOG'S NAME VETERINARIAN CHECK NOTES ADOPTION CONTRACT BREED 1 DESCRIP11ON SEX SHOTS GIVEN I SPAY/NEUTER ADOPTION FEE The above described dog is in good health to the best of our HEARTWORM AGE DEWORMING received veterinarian care as stated. Due to the unknown hereditary background of the dog, MN Homeward Bound cannot guarantee the health or temperament of this dog beyond a ten day period. If the veterinarian finds any life threatening condition in this dog that was present at the time of the sale, you may exchange the dog for another of equal or lesser value, or your purchase price will be refunded, provided written documentation is provided from the veterinarian, and the dog is returned within the ten day guarantee period. In the event of illness within the ten day guarantee period, we will not be resimnsible for any vet bills incurred by you_ the dog owner. At the fust sign of illness, you must return the dog to MN Homeward Bound immediately for treatment or refund. If you choose to treat the dog through your vet, your adoption fee will not be refunded. NO EXCHANGE OR CLAIM WILL BE VALID AFTER THIS TEN DAY PERIOD. MN Homeward Bound accepts no liability for any damages or expenses incurred during the ten day period or thereafter. The ownership and responsibility for the adopted dog belongs solely with the new owner. In the future, if you find you cannot keep your dog, please contact us, and we will take your dog back into our program. If for some reason you give or sell this dog to a new owner, the contract will still apply to this dog, and the new owners must abide by it. This includes being housed indoors. It is your responsibility to inform the new owners of this contract, and you or the new -wners must also inform us of the ownership change. All dogs/puppies must be spayed or neutered at the age of six months. MN Homeward Bound reserves the right to repossess any dog that is not spayed/neutered once it reaches the age of seven months. For a discount on spay/neuter services, please call Homeward Bound prior to scheduling your dog's surgery. A certificate of the spay/neuter must be sent to MN Homeward Bound once the dog has been sterilized. If you sell or give this dog to a new home, the new owners must abide by this contract and spay/neuter this dog at six months if you have not already done so. If transfer of ownership or death of this animal occurs before the age of six months, proper documentation should be mailed to MN Homeward Bound in place of the spay/neuter certificate. It is our policy that all adopted dogs will be housed indoors in your home, unless otherwise specified in the NOTES column above. Any dog that we find housed outdoors will be repossessed with no refund of the adoption fee. Our dogs are placed as housedogs ONLY! Minnesota Homeward Bound is a non-profit private organization dedicated to the welfare of homeless dogs. We reserve the right to do post -adoption follow-ups to assure the terms of this contract are being met, and if necessary, to reclaim this dog. It is understood and agreed that no warranty or action has been made with respect to the above described dog except as set forth in writing in this agreement, and that MN Homeward Bound and the new dog owner will abide by the agreements herein. SIGNATURE I fully understand that all expenses incurred henceforth are my full responsibility, and I agree to give this dog the best possible care while 1 am the owner of it. I also agree to spay or neuter this dog at seven months if not already done, keep it housed indoors, and return it to MN Homeward Bound if I am unable to keep it. Name Street Address City State Zip Code Phone 9 Driver's License or ID # Minnesota Homeward Bound Authorization Date CITY OF OTSEGO CLAIMS LIST FOR APPROVAL For The Period 10/14/96 to 10/24/96 Jeff Bartheld Michele Bergh Pamella Konvicka University of Minnesota Boise Cascade Office Products Buffalo Plumbing & Heating Chouinard Office Furniture Don's Bakery East Side Leasing Elk River Printing & Party Plus Gary's Kitchen Gopher State One Call John's Auto Electric League of Minnesota Cities Long Lake Tractor Minnesota Mutual Minnesota NAHRO City of Monticello Omann Brothers Inc. Mile Jacquie Rognli Darlene Solberg H. G. Weber Westside Wholesale Wright Co. Courthouse Wright County Sheriff Ziegler Cat Hakanson Anderson Floyd & Beverly Roden Principal Financial Group Expenses for Haunted House Medical Reimbursement Reimburse for food -Heritage Party Assessor - Short Course Office Supplies Repair Kit,Labor-City Hall Room Divider Election day rolls Copy Machine Lease Letterhead & envelopes Counter Base -Heritage Preservation Locate calls Parts League Dues Parts Life,STD - November Premium Economic Development Conf. 4th Quarter Contract Fines Mix Tax Increment Conference October Newsletter Reimburse Expenses-Hayride Gas,Diesel,Fuel Oil, Lub. Tires & Mounting Recording Fees September Service Parts September Engineering Refund of Escrow Dental Premium TOTAL CLAIM LIST $ 151.52 $ 200.00 $ 33.01 $ 95.00 $ 381.71 $ 73.70 $ 250.28 $ 13.09 $ 237.92 $ 178.92 $ 115.00 $ 12.00 $ 134.66 $ 3,580.00 $ 361.14 $ 164.20 $ 190.00 $ 1,732.50 $ 263.14 $ 225.00 $ 400.00 $ 51.94 $ 965.58 $ 811.23 $ 19.50 $ 8,030.00 $ 284.09 $10,104.81 $ 6,147.53 $ 271.81 $35,479.28