Loading...
12-09-96 CCA C1TY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 5.CONSENT AGENDA City Clerk Dec. 9, 1996 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 5.1.Consider Lin -Bar Development, Inc, 5475 Parnell Ave NE, Rogers, MN PID #118-500-284300: JCont. from 10/14/96, 10/28/96, 11/12/96 and 11/25/96 CC Agendas). A, planned Unit Development. (Concept plan) Request to continue this item to the 12/23/96 Council Agenda Per Building Official Jerry Olson) . BACKGROUND: At the last Council Meeting the Council asked that Jerry Olson, Building Official comment as to the -cluster systems/septic systems for this project. Jerry Olson is asking to have this continued to the 12/23/96 Council Agenda for more time to gather information and make a recommendation. (See attached memo from Jerry Olson) STAFF RECOMMENDATION: Recommendation is to continue this item to the 12/23/96 Council Meeting at 6:30PM for a recommendation from the City Building Official Jerry Olson. Thank you, Elaine CITY OF OTSEGO OFFICE MEMORANDUM Jate: December 5, 1996 To: From: Subject: Mayor and City Councilmembers Jerry Olson, Building Official Lin -Bar Development As I have not had sufficient time to prepare a report addressing the Lin -Bar Development sewage treatment issues, I request that this matter be continued until the City Council Meeting of December 23,1996. CITY OF OTSEOO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 7. ANDY MAC ARTHUR, CITY ATTORNEY Dec. 9, 1996 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 7.1. Information Re: Special Assessments of unpaid amounts charged for false alarm calls in the Monticello Fire Service Area. A. Consider Ordinance for false alarm charges to be redrafted with recommended changes by Attorney B. Consider approval of Monticello Fire Service Contract (Cont. from last Agenda) BAC AROUND : At the last Council Meeting the Council asked that the City Attorney review the Ordinance for false alarm charges and continued this item to this agenda to get comment from Andy MacArthur on the Assessment issue and Ordinance. The attached letter and from Andy does that. He has recommended changes to the Ordinance to fit the City's use. STAFF RECOMNENDATION: Recommendation is to have the Ordinance for false alarm charges redrafted and approve the Monticello Fire Service Contract for the years 1997, 1998, and 1999 at the $37.00 per parcel amount. Thank you, Elaine William S. Radzwill Andrew J. MacArthur Michael C. Court Megan M. McDonald December 4, 1996 RADZWILL & CO URI Attornevs 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: Monticello Fire Contract- Proposed Ordinance Regarding False Alarm Charges Dear Council Members: At the Council's request I have reviewed the proposed ordinance for false alarm charges and applicable portions of the fire service contract between the Monticello Joint Fire Departmentand the City of Otsego. Regarding the same, I have the following comments: 1. The proposed ordinance which was passed by Monticello Township lists as its authority Minn. Stat. 366.012. That statute applies only to townships. 2. The City is given authority to assess service charges against city property under Minn. Stat. 429.101, Subd. 1, c and h, but must hold an assessment hearing. 3. Because of the necessity for holding a public hearing, Article IV, D should be changed to read as follows: "Any false alarm charge billed directly to an individual or business by the Joint Fire Board under this Agreement that remains unpaid by October 31 of each year shall become the responsibility of the City for reimbursement, provided that the Joint Fire Board has given notice to the City of Otsego of the unpaid status of that charge on or before September 15 of that year." 4. The Ordinance should be placed in proper form and the last paragraph changed to read as follows, "Any unpaid service charge shall be placed as a special assessment against the property pursuant to Minn. Stat. 429.101, after proper notice and hearing." Letter to Otsego City Council December 4, 1996 Page 2 If you have any further questions or concerns I will be available to answer them at the City Council meeting on Monday. Very., -truly yours, J� 'ac hur AUdiew7 RADZWIL & COURI Encls. § 366.01 . Note 13 Where right-of-way deed delivered to town by owner of land adjacent to proposed road contained error in description of course of road, town was advised to deed back the land incorrectly described and secure deed correctly describing such course. Op.Atty.Gen., 131-B, July 16, 1946. 14. Intoxicating liquors The only power of town board with refer- ence to licensing and regulation of taverns for the sale of 3.2 beer in towns outside of cities and villages is to grant or withhold consent to the licensing thereof by county board as pro- vided in § 340.01 (repealed; see, now, § 340A.410). Op.Atty.Gen. 217-F, May 11, 1949. 15. Public dumping grounds Cities establishing public dumping grounds outside their limits are not subject to zoning regulations of township where dumping grounds are located and Laws 1967, c. 95 amending § 365.10 and this section does not require cities to obtain township consent al- though townships must obtain governmental approval of unit involved if township wants to establish a township dump outside its limits. Op.Atty.Gen., 596-4, Aug. 11, 1967. Under § 471.59 counties and townships could enter into an agreement for the joint operation of a public dumping ground. Op. Atty.Gen., 125a-56, May 23, 1967. 16. Orders Conceding that a contract made with a town was invalid for the failure to give the statutory bond, after the contract had been fully per- formed, and the work had been approved and accepted by the town board, the contractor had a valid claim against the town for the reason- able value of the services rendered, and the board could audit and allow such claim, and draw orders in payment thereof. State ex rel. Morris v. Clark, 1912, 116 Minn. 500, 134 N.W. 129. TOWNS Mandamus was a proper remedy to compel the treasurer of a town to pay valid orders issued by the board of supervisors, and the validitv of such orders may be determined in such proceeding. State ex rel. Morris v. Clark, 1912, 116 Minn. 500, 134 N.W. 129. Where village has been detached from town for assessment and election purposes, and amount of money in town treasury belonging to village in excess of share of village of float. ing indebtedness has been determined, town supervisors, by a proper resolution, should di. rect town treasurer to pay such money to vil- lage treasurer and draw appropriate order. Op.Atty.Gen. 440-13, May 13, 1949. 17. Riding academies No authority is given to town board under this section or any other statute to adopt reso- lution regulating business of riding academy and requiring license for operation of such business. Op.Atty.Gen., 437-13-4, August 8, 1946. Resolution adopted by town board attempt- ing to regulate business of riding academy and to require license for operation of such busi- ness was of no legal effect. Id. 18. Depository of town funds Under St. 1927, § 1049 (see, now, this sec- tion) it was one of the duties of the town board to select, and designate a bank as depository_ of town funds and the electors had no legal au- thority to act in this connection, therefore reso- lution of electors attempting to select a deposi- tory was without legal effect. Op.Att-,.Gen. 1932, No. 5, p. 45. 19. Actions against towns The supervisors are not necessary parties defendant in an action to enjoin the township from maintaining a ditch to the damage of the property owners. Koeper v. Town of Louis- ville, 1908, 106 Minn. 269, 118 N.W. 1025. 366.012. Collection of unpaid service charges If a town is authorized to impose a service charge on the owner, lessee, or occupant of property, or any of them, for a governmental service provided by the town, the town board may certify to the county auditor, on or before October 15 for each year, any unpaid service charges which shall then be collected together with property taxes levied against the property. A charge may be certified to the auditor only if, on or before September 15, the town has given written notice to the property owner of its intention to certify the charge to the auditor. The service charges shall be subject to the same penalties, interest, and other conditions provided for the collection of proper - 370 TOWNS -r remedy to compel to pay valid orders supervisors, and the ,ay be determined in e rel. Morris v. Clark, N.W. 129. detached from town _tion purposes, and n treasury belonging ire of village of float. -n determined, town resolution, should di - y such money to vil- appropriate order. 13, 1949. :o town board under statute to adopt reso- ;s of riding academy ,r operation of such 437-B-4, August 8, town board attempt - f riding academy and eration of such busi- ct. Id. funds now, this sec- t the town board x as depository of tors had no legal au- ection, therefore reso- ing to select a deposi- effect. Op.Atty.Gen. -ns not necessary parties o enjoin the township t to the damage of the er v. Town of Louis - 269, 118 N.W. 1025. owner, lessee, or rvice provided by tor, on or before ich shall then be operty. A charge nber 15, the town -ion to certify the tject to the same 'lection of proper - TOWN BOARD; BOARD OF AUDIT § 366.015 ty taxes. This section is in addition to other law authorizing the collection of unpaid costs and service charges. Laws 1989, c. 14, § I. 366.015. Vote required on weed destruction Subdivision 1. Ballot, contents. The town board at the annual town meeting may submit to a vote by ballot the following question: "Shall persons who own or occupy real estate that adjoins a town road and is not a part of an incorporated municipality be required to remove rocks larger than five inches in diameter from and to cut, destroy or remove all weeds, grass and other plants up to three inches in diameter that grow upon the town road adjacent to their land? Yes ....... No........ Subd. 2. Cost, lien on land. If a majority of the electors voting on the question vote "Yes," a person who owns or occupies real estate that adjoins a town road and is not a part of an incorporated municipality shall cut, destroy, or remove the material described on the ballot located upon the town road adjacent to the owner's land. A person who erects or maintains a mailbox on land not owned by the person shall cut, destroy, or remove the material within five feet of the mailbox. If a person fails to comply with this provision, the town board of the town in which the real estate is located may, after ten days notice in writing, order the local weed inspector or other person to cut, destroy, or remove the weeds or grass. The expense incurred shall be a lien on the real estate. The town board shall certify to the county auditor an itemized statement of the amount of the expense paid by the town. The county auditor shall enter the amount on the tax books as a tax upon the land, which shall be collected in the same manner as other real estate taxes. Amended by Laws 1955, c. 141, § 1; Laws 1984, c. 562, § 25; Laws 1986, c. 444; Laws 1989, c. 197, art. 7, § 1. Historical and Statutory Notes Derivation: "Subd. 2. If a majority of the electors voting St.Supp.1944, § 1002a. on such question shall vote 'Yes,' any person Laws 1941, c. 246, § 1. owning or occupying real estate adjoining a The 1955 amendment substituted "cut, de- town road and not a part of any incorporated stroy, or remove" for "cut, or remove" through- municipality shall cut, destroy or remove all out this section. weeds or grass growing upon the town road The 1984 amendment rewrote the section, adjacent to his land. Any person who erects or maintains a mail -box on land not owned by which formerly read: him shall cut, destroy or remove all weeds or +- "Subdivision 1. The town board at the annu- grass within five feet of such mail- box. If any al town meeting may submit to a vote by ballot such person fails to comply with this provision, the following question: 'Shall persons owning the town board of the town in which his real R or occupying real estate adjoining a town road estate is located may, after ten days notice in and not a part of any incorporated municipali- writing, order the local weed inspector or oth- ty be required to cut, destroy or remove all er person to cut, destroy or remove the weeds weeds and grass growing upon the town road or grass and the expense thus incurred shall be adjacent to their land? Yes ...... No ....... a lien on such real estate. The town board 371 642 643 LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS 429.101 axes to pav the � law to holders of or 444.075. The obligations may be general obligations to which the full faith and credit Il law t prior to the of the municipality are pledged. If the special assessments to be levied and net revenues nected prior bonds estimated to be available for their payment are estimated to be at least 20 percent of ice in exchange for the principal amount of the obligations, the obligations may be issued without an elec- ceone year from tion and shall not be included in determining the net indebtedness of the municipality and bearing inter- under the provisions of any law limiting net indebtedness. Subd. 8. Federal volume limitation act. Sections 474A.01 to 474A.21 apply to any lnicipality may be issuance of obligations under this section which are subject to limitation under a federal volume limitation act as defined in section 474A.02, subdivision 9, or existing federal e provisions of sec- tax law as defined in section 474A.02, subdivision 8. be purchased only :er purposes before History: 1953 c 398 s 9; 1955 c 811 s 3-5; 1957 c 385 s 1; 1965 c 877 s S; 1976 c 324 emergency. Ifpur- s 19-21; 1981 c 171 s 1-4; 1984 c 548 s 6; 1984 c 582 s 5,6,23; 1984 c 591 s 4,5; 1984 c f those bonds may 633 s 4; ISp1985 c 14 art 8 s 63; 1986 c 465 art 1 s 3; 1987 c 344 s 4,5; 1992 c 545 art nent bonds in the 2 s 4 429.10 [Repealed, 1953 c 398 s 13] :ouncil may by res - rids pledge the full 429.101 SERVICE CHARGES, A SPECIAL ASSESSMENT AGAINST BENE - f the principal and FITED PROPERTY. division 5. In this Subdivision 1. Ordinances. In addition to any other method authorized by law or •ary improvement charter, the governing body of any municipality may provide for the collection of lance with section unpaid special charges for all or any part of the cost of bonds not vet sold e required by sec- (a) snow, ice, or rubbish removal from sidewalks, (b) weed elimination from streets or private property, !stablish a revolt'- (c) removal or elimination of public health or safety hazards from private prop- terworks systems, erty, excluding any structure included under the provisions of sections 463.15 to for the pay- 463.26, itions issued (d) installation or repair of water service lines, street sprinkling or other dust treat- tu a separate con- ment of streets, eds of any obliga- (e) the trimming and care of trees and the removal of unsound trees from any its collected with street, system, or storm (f) the treatment and removal of insect infested or diseased trees on private prop - ds of the munici- erty, the repair of sidewalks and alleys, punt may be used (g) the operation of a street lighting system, or n, or storm sewer (h) the operation and maintenance of a fire protection or a pedestrian skyway sys- an improvement tem, e assessed against sewer system, or as a special assessment against the property benefited. The council may by ordi- 15.46, unless the nance adopt regulations consistent with this section to make this authority effective, ses of the system including, at the option of the council, provisions for placing primary responsibility ; operated by the upon the property owner or occupant to do the work personally(except in the case of count within the street sprinkling or other dust treatment, alley repair, tree trimming, care, and removal ligations payable or the operation of a street lighting system) upon notice before the work is undertaken, d to pledge any and for collection from the property owner or other person served of the charges when ions. Collections due before unpaid charges are made a special assessment. the construction Subd. 2. Procedure for assessment. Any special assessment levied under subdivi- ed by the council sion 1 shall be payable in a single installment, or by up to ten equal annual installments cial assessments as the council may provide. With this exception, sections 429.061, 429.071, and storm sewer sys- 429.081 shall apply to assessments made under this section. taxes levied for _ Subd. 3. Issuance of obligations. After a contract for any of the work enumerated are payable pri- ' in subdivision I has been let, or the work commenced, the council may issue obligations rids to defray in to defray the expense of any such work financed in whole or in part by special charges 1 in making the and assessments imposed upon benefited property under this section. Section 429.091 .ewer system, or shall apply to such obligations with the following modifications: rized by section (I) Such obligations shall be payable not more than two years from the date of issu- 'ion 115.46 ance; 429.101 LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS 644 (2) The amount of such obligations issued at one time in a municipality shall not exceed the cost of such work during the ensuing six months as estimated by the council; (3) A separate improvement fund shall be set up for each of the enumerated ser- vices referred to in subdivision 1 and financed under this section. Proceeds of special charges as well as special assessments and taxes shall be credited to such improvement fund. History: 1953 c 398 s 10; 1955 c 811 s 6; 1963 c 771 s 5; 1965 c 323 s 2; 1973 c 337 s 1; 1974 c 340 s 1,2; 1984 c 548 s 7; 1984 c 582 s 7; 1984 c 591 s 6; 1984 c 633 s 5; 1986 c 444 429.11 [Repealed, 1953 c 398 s 13] 429.111 CHARTER PROVISIONS, EFFECT. Any city operating under a home rule charter may proceed either under this chap- ter or under its charter in making an improvement unless a home rule charter or amend- ment adopted after April 17, 1953, provides for making such improvement under this chapter or under the charter exclusively. History: 1953 c 398 s 11; 1955 c 811 s 7,• 1976 c 44 s 39 429.12429.18 [Repealed, 1953 c 398 s 13] 429.185 [Repealed, 1949 c 314 s 3] 429.19 [Renumbered 429.035] 429.20 [Renumbered 429.036] 429.21429.29 [Repealed, 1953 c 398 s 13] 429.30 [Renumbered 435.36, subdivision 1] 429.31 [Renumbered 435.36, subd 2] 645 LAND F 430.01 Designation uses. 430-011 Ordinances I. pedestrian m 430.02 Proceedings lands. 430.023 Clerk to mai condemnatic certain cases 430.03 Objections: 430.031 Appeals fror ordinances. 430.04 Awards on a 430.05 Council ma.. awards. 430.06 Spreading c installments 430.01 DESI( Subdivisic commissioner, of streets, park adopted by a r. in proceedingE ' as stated in tt Subd. 2. class may by motor vehicle acquired, imF section 430.0 improved pri Subd. 3. to be perform ney, respecti elected and e cised under t missioners. Subd. 4 parkways" n in part for p for streets, Subd. improve lar land for pec this chapter ers. If the t land for pa the city cot Histor. c 229 art ci 430.011 C AND DIS" Subdi lation and ORDINANCE #11 Town of Monticello Ordinance Pertaining to Defective or Malfunctioning Emergency Alarm Systems within the Township. It is hereby ordained by the Town Board of Supervisors of the Town of Monticello, County of Wright, State of Minnesota as follows: Any false alarm call to an individual or business that, in the opinion of the Monticello Fire Chief, was the result of a defective or malfunctioning alarm system will receive a notice outlining this policy, indicating a second false alarm call within the calendar year will subject the property owner to a $100.00 charge. The notice will also indicate that three or more false alarms during the calendar year will result in the property owner being charged $250.00 for each additional false alarm. Any unpaid service charge will be placed for collection on property taxes levied against the property. MS 366.012. TOWN OF MONTICELLO Franklin E. Denn, Chairman. Attest: Darlene Sawatzke, Town Clerk. This AGREEMENT between the City and Township of Monticello, Minnesota, hereafter referred to as the JOINT FIRE DEPARTMENT, and the City of Otsego, hereafter referred to whether in whole or in part as the CITY, both agree as follows: ARTICLE I The JOINT FIRE DEPARTMENT agrees to furnish fire service and fire protection to all properties subject to the terms of this agreement, within the CITY area, said area being set forth in EXHIBIT A, attached hereto. The JOINT FIRE DEPARTMENT will make a reasonable effort to attend all fires within the CITY area upon notification of such fire or fires, and under the direction of the JOINT FIRE DEPARTMENT fire chief, subject to the following terms and conditions: A. Road and weather conditions must be such that the fire run can be made with reasonable safety to the firemen and equipment of the JOINT FIRE DEPARTMENT. The decision of the fire chief or other officer in charge of the fire department at the time that the fire run cannot be made with reasonable safety to firemen and equipment shall be final. B. The JOINT FIRE DEPARTMENT shall not be liable to the CITY for the loss or damage of any kind whatever resulting from any failure to furnish or any delay in furnishing firemen or fire equipment, or from any failure to prevent, control, or extinguish any fire, whether such loss or damage is caused by the negligence of the officers, agents, or employees of the JOINT FIRE DEPARTMENT or its fire department, or otherwise. The JOINT FIRE DEPARTMENT further agrees: A. To keep and maintain in good order at its own expense the necessary equipment and fire apparatus for fire service and fire protection within the town area so serviced. B. The JOINT FIRE DEPARTMENT shall provide sufficient manpower in its fire department to operate fire equipment. D. The JOINT FIRE DEPARTMENT will submit a summary to the City of all fires on a monthly basis. PROTE CT.AGR: 10/28/96 Page 1 The CITY agrees: A. To pay an annual fee of $35 for each tax identification parcel as determined by the Otsego City Assessor and/or Wright County Auditors office for years 1997 through 1999. These fees shall include all standby charges and fire call costs. The total annual fee for the first year of this contract is estimated to be $6,650.00 based on an estimated 190 parcels @ $35 each. The annual fee shall be adjusted for years 1998 and 1999 at the same $35.00 rate per parcel for additional parcels added within coverage area. B. Annual fee shall be paid as follows: prior to January 1 of each year - 25% prior to April 1 of each year - 25% prior to July 1 of each year - 25% prior to October 1 of each year - 25% C. Any false alarm call to an individual or business that, in the opinion of the Monticello Fire Chief, was the result of a defective or malfunctioning alarm system will receive a written notice outlining this policy, indicating a second false alarm call within the calendar year will subject the property owner to a $100 charge. The notice will also indicate that three or more false alarms during the calendar year will result in the property owner being charged $250 for the alarm call. D. Any false alarm charge billed directly to an individual or business by the Joint Fire Board under this Agreement that remains unpaid by October 31 of each year shall become the responsibility of the City for reimbursement. E. All payments must be made in accordance with this schedule to render this agreement effective for each calendar year of the contract. In case an emergency arises within the JOINT FIRE DEPARTMENT while equipment and personnel of the fire department are engaged in fighting a fire within the CITY area, calls shall be answered in the order of their receipt unless the fire chief or other officer in charge of the fire department at the time otherwise directs. In responding to fire calls within the CITY area, the fire chief or other officer in charge shall dispatch only such personnel and equipment as in his opinion can be safely spared from the JOINT FIRE DEPARTMENT. In cases where the JOINT FIRE DEPARTMENT receives a notification of an emergency other than a fire, and its assistance is requested in the area defined in Exhibit A of this contract, it shall respond to such emergency in the same manner as a fire as outlined in this contract. Charges for such service shall be as outlined in ARTICLE VI. PROTECT.AGR: 10/28/96 Page 2 The CITY agrees to make a fire protection tax levy or otherwise to provide funds each year in an amount sufficient to pay the JOINT FIRE DEPARTMENT the compensation agreed upon. This AGREEMENT shall be in force for a term of three (3) years beginning on January 1, 1997, and ending on the 31st day of December, 1999. This contract may be terminated upon a six- month notice by either party. L A Sign d this �� day of 1996. TOWNSHIP OF MONTICELLO By: Chairperson Attest: Clerk Signed this day of , 1996. CITY OF OTSEGO By: Mayor Attest: Clerk Signed this day of , 1996. PROTECT.AGR: 10/28/96 Page 3 19 .x:11: M This EXHIBIT is a part of the attached FIRE PROTECTION AGREEMENT, and its purpose is to designate the area covered under this AGREEMENT and referred to herein as the CITY area. Therefore, the CITY area in which protection for fires is agreed to involves the following sections of the CITY herein: (SEE ATTACHED MAPS) Range (Unplatted Areas) Section 10 Section 11 Section 14 Section 15 Section 22 Section 23 N112 of Section 27 Plats: Billstroms Riverview Addition Island View Estates Arrowhead Estates Riverwood PUD TOTAL NO. OF PARCELS 193 At $35.00 per Parcel = $6,755.00 CITY OF Attest: Clerk CELLO TOWNSHIP OF MONTICELLO By: Chairperson Attest: Clerk CITY OF OTSEGO By: Mayor Attest: - Clerk PROTECT.AGR: 10/28/96 Page 4 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 7. ANDY MAC ARTHUR, CITY ATTORNEY Dec. 9, 1996 - 6:302M j ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB, CC 7.2. Consider John and Cheryl Adams Dog Kennel CUP for re -hearing by P.C. BACKGROUND: The Council asked the City Staff to make a recommendation on the above CUP for a Dog Kennel for Adams. Attached is information and a memo from Jerry Olson requesting the Council to consider sending this CUP back to the Planning Commission to re -hearing it. Andy MacArthur will address the process with you. STAFF RECOI—'NDATION : Recommendation is to have the John and Cheryl Adams CUP for a Dog Kennel Permit be sent back to the Planning Commission to set a date for re -hearing this CUP. Thank you, r Elaine 8899 Nashua Avenue N.E. Elk River, MN 55330 December 3, 1996 John & Cheryl Adams 10377 NE 95TH ST Monticello, Minnesota, 55362 CITY OF TSEGO ON THE GREAT RIVER ROAD RE: DOG KENNEL PERMIT Dear John and Cheryl: . " I :_, (612) 441-4414 Fax: (612) 441-8823 This letter is to inform you that the above permit will be recommended to the Council to be reheard at their meeting of December 9, 1996. See attached the memo from Jerry Olson, Building Official. This will be presented to the Council for their decision at the December 9th Council Meeting. This is for your information and if you have any questions please call me. Sincerely, CITY OF • r 446111�" Elaine Beatty, City Clerk/Zoning Adm. CC: Mayor and Council Jerry Olson Judy Hudson Robert Kermis Andy Mac Arthur CITY OF OTSEGO OFFICE MEMORANDUM Date: November 20, 1996 To: Mayor/Council From: Jerry Olson Building Official Subject: Adams Dog Kennel I have some comments on the Adam's Dog Kennel situation. As you may know CM Suzanne Ackerman and I inspected the kennel operation some time ago. (approx. Oct. I- report enclosed) That inspection was triggered by numerous complaints from neighbors about barking dogs, in fact the Dnl - complaints we have received have been about dogs barking. These complaints have been received from two or three (2 or 3) adjoining neighbors over the past 18 months. Some were in writing but most were verbal phone calls or messages left on the answering machine. Per Item number four (4) and twelve (12) of the CUP, conditions were set forth to address this. I would suggest a new hearing be held as per Item number fourteen (14) of the CUP. ,�04-t,e� bldgltr.wps co s Date: May 22, 1996 To: John & Cheryl Adams 10377 NE 95th Street Monticello MN 55362 PID#: 118--800-142400 Dear John & Cheryl Adams: We have received a complaint of dogs barking habitually. This is in violation of the City of Otsego's dog Ordinance NE. 2 Sec. 2.1. One of the conditions of the Conditional Use Permit for a dog kennel was that the dogs not bark habitually, as to be a nuisance. Please correct this violation as soon as possible. Should there be any questions or should you care to discuss this matter please contact City staff during regular business hours. Sincerely City of Otsego Elaine Beatty Clerk/Zoning Administrator EB:co 5-17-96 To Whom It Concerns, I would like to bring to your attention, that the dogs at the Cheryl Adams' Home ward bound facility have been barking on a regular base's . It was my understanding that these dogs would be kept under control. On the following dates the dogs have barked for at least 1hr. or more at a time. (but not limited to just these dates) 4-23-96,5-4-96,5-9-96,5-15-96, Also on the followigs dates there have been times when dogs from the Adam's have been on the loose. (but not limited to these dates.) 4-9-96,4-19-96,5-14-96,5-17-96 On the first Sat of May 1995, I shot dead one of her dogs for chasing my cattle in the pasture, then reported it to the Wright County Sheriffs office. Thank You Russell E. Greninger ' Ov"- N &-J MaA-07S A IV -,u1 pU-1 'le e E -e CA- r s 0,-— 1 °� menti a tl�enneq c--e-n Se , -T—S c.. �.nc ed `► v% a -re a- w ;�(� rn `&t- l°_ (,. `- r,5 X ' wt of e, a.v► ; w. �.l S Ye a.`f - e C. tk W\ aO- n) he . y �. •e. � �p a r k o� n d -�; � '�' � �- a ��' e r D ate. r. L4�- �,e- '16 ICU c e- o �-�� c e Y a ci.. �t �--o .,,., rn a►ti� C 1 e -1-0 s : t b M- vr,- �ces�a-w�- C wi �c� r 1.0 ; n o� w ,}�1 C� S U- c e e- S �-� ` e c� -,r �- v `� s M [V S P Ye C c �� M ' n .1- ►� 1 a. r L a d e- i-. a\P o -n e lo�e n n v -,e- ,m e h d �'� a n o� Q v LL M C C c7 t-c�`. h D �l./ S�k r S 1 G U ►� B r C'— 1 S 0.nV1,0- IIA st. �,.t 'i o -n Q- e- CL j S b rn e_ •n �.J% C �•-� bv. o. �C S a 0 5- -2 • j October 4, 1996 Mayor, City Council 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 JO/co 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 ' .0' ' --e 6. 7ne planning report dated 26 May 1993, prepared by Northwest Associated Consultants, Inc., is incorporated herein. on 16 June 1993, the Otsego planning Co=i,ssion 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 cloeed the public hearing and recommended that the City Council approve the conditional use permit based on the a¢oramentioned findings.' `ter'' Based on the foregoing considerations and applicable ordinances, the applicant's request for a conditional use permit to allow the establishment of a dog kennel operation within an A-11 Agricultural Rural Service District is approved in its present form and subject to the following stipulations. 1, A site plan based on a certificate_ of survey is submitted to - determine * -- coiip1lance with — appl';C b- - -- 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 NL.isance Ordinance. 5. 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 size's animal quarters: a. Indoor housing facilities must be structurally sound with ample heat and light and ventilation. b. Dogs kept outside must have access to shelter to protect thein from sun, rain and snow. C. If dogs are confined by chains, such chains must be attached so not to become entangled with chains of other dogs. \9 d. Individual animal enclosures must be of a size to allow each dog to turn around fully, stand, sit and lie in a 3 WOR -A comfortable condition. e. The temperature of it -door housing facilities shall not be less than 5o degrees fahrenheit for dogs not accustomed to lower temperatures. f . Disposal facilities are pro%ridad to *,r.:.r_i:+ize virum infestation, odors and disease hazards. J g. Adequate storage and refrigeration is provided to protect *ood supplies against cor_tamination and deter4.o_ation. 7. No retail activities or commercial boarding of dogs occur upon the subject site. S. Pick-up and delivery of dogs is c:ondurted solely by the kernel operators/property owners. 9. The outdoor exercise/confinement area is screened from view of future single family development to the north. Such screening may be provided either via: ai a green belt planting strip -a•A w* -4- . ^%ft -,4'.1 1 irk fence to provide a solid screening effect. -All' screening efforts shall be subject to City approval. 1o. If signage is to be provided on the subject site, a detailed sign plan is submitted which $pecaPies the type of location and size of all proposed signs. All 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 comment by the City Engineer. 3.� . If two (V or more writta complai .ts are filed in any one rlcnth period regarding the barging of dogs, the City may, at 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. Copies of all Co%:nty and State kernel inspection reperts are forwarded to the City. 14. if gross violations are identified i:1 .t.ounty and/or Stara inspections, or if there are repeated vi orations of a_Cplicable City ordinances, the City ,�av ac ito discretion., cold a rehearing of the ccn itional use peri- with the pocential of revocation . of the permit being ordered by tis City 4 WCIIR ADOVM by the Oteego City Council thi9.lath day_of July 1993. CITY OF OTSBGO By: No F. Freg e, Mayor SU422 OFFICE OF COIN; Y RErp0ROER IxNE3 WRIGH I COuH T Y. I,I0TA CERTIFIFD TO f c FILCO 1993 AUG -3 ASI ID 3k MARCIA LAN TTo. CO.RECOROER 8Y 0FPOTY 6"t �cR X City of Otsego Engineer's Agenda Items City Council Meeting December 9, 1996 8.1 CULVERT REPLACEMENTS Request that the Council consider approving payment to Dennis Fehn Gravel and Excavating, Inc., for the replacement of culverts across 70th Street (east of CSAH 19) and Odean Avenue (south of 83rd Street). A. 70th Street The basic work was quoted at $5,432.00. The unknown cost was the Class V gravel and 1'/2 inch rock for the pipe bedding. The gravel and pipe bedding cost $601, therefore, the total invoico is $6,033.00, Otsego's share is $3,016.50 which is 50% of the total. Albertville will pay 50% also. We recommended that the Council approved payment in the amount of $3,016.50 to Dennis Fehn Gravel and Excavating, Inc for this work. B. Odean Avenue The basic work was quoted at $9,018.00. In the final construction, the bituminous patch was larger than anticipated increasing from 10 tons to 19 tons. Bedding rock for the pipe was not included in the original quote but needed during installation. The final invoice amount is $10,871. We recommend payment for that amount to Dennis Fehn Gravel and Excavating, Inc. Both replacements were done very well and we were pleased with the performance of the Contractor. Find attached copies of the invoices. Please note that Warning Lites, the supplier of the signs for the detour will submit a invoice at the time of this written have not received it. 8.2 ANY OTHER ENGINEERING BUSINESS agenda12.9 1S Phone (612) 497-2428 F'� �x (612) 497-3893 HN Q'?AVEL - EXCAVAT'TAG INC. TO: HAKANSON ANDERSON 3601 THURSTON AVE ANOKA, MN 55303 Item 8.1 a P.O. Box 256 11900 50th Street N.E. Albertville, MN 55301 DATE: NOVEMBER 27, 1996 JOB: CULVERT REPLACEMENT LOCATION: 70TH ST - OTSEGO INVOICE #515S ****************************************************************************************** DESCRIPTION UNIT UNIT PRICE AMOUNT 36" RCP 40 LF 98.00 3,920.00 36" RCP FES 2 EACH 756.00 1,512.00 CLASS 5 47 CY 8.00 376.00 1/2 ROCK 15 TON 15.00 225.00 TOTAL: COMMERCIAL & RESIDENTIAL SITEWORK' ROADBUILDING SAND & GRAVEL • DECORATIVE MATERIALS EQUAL OPPORTUNITY EMPLOYER $6,033.00 Item 8.1 b P.O. Box 256 Phone (612) 4497-2428 i F 11900 50th Street N.E. Pax (612) 497- 3893 DE �� Albertville, MN 55301 GAVEL - EXCAVAT':So INC. TO: HAKANSON ANDERSON DATE: NOVEMBER 27, 1996 3601 THURSTON AVE !-)0 JOB: CULVERT REPLACEMENT ANOKA, MN 55303 LOCATION: ODEAN AVE - OTSEGO INVOICE #514S DESCRIPTION UNIT 36" RCP 48 LF 36" RCP FES 2 EACH CLASS 5 40 CY AP RAP 10 CY EXPORT OF EXCESS MATERIAL 9 LOADS BITUMINOUS REMOVAL 60 SY 4" BITUMINOUS PATCH 19 TON SEEDING LS 1 1/2 ROCK 31 TON UNIT PRICE AMOUNT 98.00 4,704.00 756.00 1,512.00 8.00 320.00 50.00 500.00 50.00 450.00 5.00 300.00 130.00 2,470.00 150.00 150.00 15.00 465.00 TOTAL: $10,871.00 COMMERCIAL & RESIDENTIAL SITEWORK • ROADBUILDING SAND & GRAVEL • DECORATIVE MATERIALS EQUAL OPPORTUMTYENIPLOYER CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 9. COUNCIL ITEMS CITY CLERK Dec. 9, 1996 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 9.1. Discussion of Meeting with State Officials Re: Availability of Monies. BACKGROUND: Larry Eournier,M.E. and Suzanne Ackerman,C.M. have asked that this item be placed on the agenda. They will explain what this is about and give you more information to consider. STAFF RECOb1MENDATION : This is a Council discussion item and any decision is to be made by the Council. Thank you, Elaine k DEC — 9 c..,3 December 5, 1996 L City Council City of Otsego 8899 Nashua Avenue N.E. Elk River, MN 55330 Members: This letter is in response to your letter notifying me of the discontinuance of snowplowing of private driveways. It is unreasonable and unconscionable to discontinue such a service in the middle of the snow season with only 3 weeks notice - a service that I have used for the past 15 years. It is equivalent to receiving a notice from your electric company notifying you on December 4th that on January 1 st your electric service will cease. Where would you receive alternate service? Could you purchase a generator with adequate capacity to serve your needs? Could you afford such an expense with 3 weeks notice? Could you survive without this service? Of course not! Well that's exactly the position we are placed in. I realize you are not a public utility but you have performed a service with the same critical need We need adequate notice which should be at the end of the snow season on May 15, 1997. I think, however, that you also must differentiate between homes and farms, i.e., "private driveways" which a small blade would clear and a long farm road such as mine. Snowblowers, pickups with blades and even tractors with dumps are all inadequate to clear long farm driveways. Otsego township recognized the need of its rural clientele and plowed long farm roads for that very reason. I would hope the City would also recognize this. I ask that all Council members read this letter and reconsider their action. I await your written reply. Thank you. Sincerely Joan Vasseur 6187 Rawlings Ave. Rogers, MN 55374 101-11500-000 170.00 701-41700-301 23.00 411-41700-301 102.00 101-41700-301 1,660.00 4io 4iilo6-36i 162.66 701-41700-301 359.00 NORTHWEST ASSOCIATED CONSULTANTS NOVEMBER SERVICES. 12/09/96 20723 11,029.77 101-41570-303 2,500.00 101-41570-303 6,156.04 101-41570-303 160.06 701-41570-303 637.12 701-41570-303 189.00 rtAP� 4YDGE 12,/69- /96 20724 90 no 101 -Al lc) -101 90 0() C CC 1 Z CAROL OLSON ELECTION JUDGE 12/09/96 2075 22.00 101-41410-103 22.00 ELAINE BEATTY ELECTION JUDGE 12/09/96 2076 84.00 101-41410-103 84.00 SUZANNE ACKERMAN MILEAGE AND MEETINGS 12/09/96 2078 43.99 101-41100-360 35.00 101-41100-321 8.99 VERN HEIDNER REIMBURSE EXPENSES 12/09/96 2080 k 101-41400-203 Claims List for Approval MEDICA DECEMBER PREMIUM 12/09/96 2081 MUNI(111AL OF CITY OF OTSEGO 101-41400-123 443.79 For the period 12/09/96 to 12/09/96 12/09/96 101 --Al f.00-1 21 1 F.4 . 5? CLAIM TOTAL ACCOUNT ACCOUNT TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM HUMBER Flt•OlJNT MN DEPARTMENT OF TRANSPORTATION EQUIPMENT 12/09/96 2070 1,950.00 101-43100-501 1.,950.00 RADZWILL & COURI SEPT. & OCT. LEGAL 1.2/09/96 2071 6,640.50 101-41700-301 4,167.00 101-11500-000 170.00 701-41700-301 23.00 411-41700-301 102.00 101-41700-301 1,660.00 4io 4iilo6-36i 162.66 701-41700-301 359.00 NORTHWEST ASSOCIATED CONSULTANTS NOVEMBER SERVICES. 12/09/96 20723 11,029.77 101-41570-303 2,500.00 101-41570-303 6,156.04 101-41570-303 160.06 701-41570-303 637.12 701-41570-303 189.00 rtAP� 4YDGE 12,/69- /96 20724 90 no 101 -Al lc) -101 90 0() C CC 1 Z CAROL OLSON ELECTION JUDGE 12/09/96 2075 22.00 101-41410-103 22.00 ELAINE BEATTY ELECTION JUDGE 12/09/96 2076 84.00 101-41410-103 84.00 SUZANNE ACKERMAN MILEAGE AND MEETINGS 12/09/96 2078 43.99 101-41100-360 35.00 101-41100-321 8.99 VERN HEIDNER REIMBURSE EXPENSES 12/09/96 2080 9.00 101-41400-203 9.00 MEDICA DECEMBER PREMIUM 12/09/96 2081 1,930.65 101-41400-123 443.79 101 --Al f.00-1 21 1 F.4 . 5? 110011-45311000-123 301.96 1:OI-�I78b-��C� T98:031s� AT & T NOVEMBER SERVICE 12/09/96 2082 16.14 IQ1-4tZVU-JZU 101-41400-320 5.33 101-43100-320 5.33 BRAUN INTERTEC ISLAND VIEW INVOICE 46753 12/09/96 2083 3,116.02 411-43100-390 3,116.02 BUSINESS RECORDS CORP 11/5 ELECTION CODING 12/09/96 2084 1,437.45 101-41410-205 1,437.45 CAMAS-SHIELY DIVISION' CLASS 5 INV. 31312 12/09/96 2085 115.63 101-43100-370 115.63 STEPHEN CONROY, ATTORNEY LEGAL SERVICES 12/09/96 2086 341.00 101-41700-301 341.00 DJ'S TOTAL HOME CENTER SUPPLIES 12/09/96 2087 60.36 101-43100-220 60.3c. D & Y r)Ap pgnjFrj 1 - - is 7� =C ECM PUBLISHERS INC NOVEMBER PUBLISHING 12/09/96 2089 200.73 101-41400-30 -4t8 ELK RIVER CHAMBER OF COMMERCE CHRISTMAS GREENS 12/09/96 2090 13.75 101-41400-310 13.75 101-41940-322 111.45 - 101-43200-322 r LAPLANT SANITATION INC DECEMBER RECYCLING 12/09/96 2093. ;90.0 560.22 101-41610-l-90 457.50 101-41940-32`- 102.72 101-4_'•100- ` 11:'.7- Claims LiSL fur APProval For the period 12/09/96 to 12/09/96 12/09/96 TO WHOM PAID FOR WHAT PURPOsE DATE NUMEIER CLAIM NUMBER AMOUNT HAKANSON ANDERSON ASSOC INC OCTOBER SERVICES 1211109/96 2095 3,'397.79 101-45200-302 3,28S.µ1 LITTLE FALLS MACHINE SUPPLIES 12/09/96 2096 1,285.46 101-43100-220 1,285.46 LONG & SONS ROBERT Meef)IIIIEtt: NOVEMBER SERVICES 12/09/96 2097 625.69 101-41940-389 625.69 MINNEGASCO VTPEO Allf) BOOK NOVEMBER SERVICE lf/'09/'96 12/09/96 2090 2099 (39.50 652.77 to! 4t400 566 101-41940-322 t-9. 56 =i88.�5 101-43100-322 1c.4.52 PURCHASE POWER POSTAGE 12/09/96 2101 509.50 101-41400-206 509.50 NORMAN SCHWANBECK REIMBUSEMENT FOR SHOWCASE 12/99/96 2102 35.00 101-45300-312 35.00 J T & L LIGHTING SUPPLIES 12/09/96 2104 204.81 101-41940-203 l 204.81 THE HARDWARE STORE HNt:±MfiEb EtEeTRIe, fHe SUPPLIES 5ERVIeE 12/09/96 2105 9.65 101-43100-203 9.65 U.S. WEST COMMUNICATIONS eALL PHONE.SERVICE t 2"'o 9.,"9 6 12/09/96 2tO6 2107 t5t.06 472.04 i0i 4i940 40;R 101-45200-320 il�i btp 34.52 101-41400-320 372.03 JOY SWENSON HERITAGE COMMISSION SUPPLIES 12/09/96 2108 41.82 tei 49iae 92a 101-45300-203 65.49 41.82 H G WEBER OIL COMPANY FUEL OIL, ETC. 12/09/96 2109 846.33 101-43100-202 846.33 WRIGHT COUNTY HIGHWAY DEPT SIGNS & SUPPLIES 12/09/96,2111 366.34 101-43100-393 143.70 101-43100-393 222.64 WRIGHT-HENNEPIN CO-OP ELECTRIC ASSN UTILITIES 12/09/96 2113 709.20 605-48000-322 61.18 101-41940-322 27.00 101-43200-322 597.39 MARY E. BARE REFUND OF DAMAGE DEPOSIT 12/09/96 2114 400.00 101-21803-000 400.00 TOTAL FOR MONTH 49,969.14 49,969.14 TOTAL YEAR TO DATE 471,905.64 471,905.64 0 2 Final Levy Car ,ication �44r STATE of MINNESOTA COUNTY of WRIGHT City of Otsego return by City Taxes Voted To the AUDITOR of Wright County: I hereby certify that the City Council for the City of Otsego, County of Wright, Minnesota, did at a meeting on December 5, 1 9 9 6 levy the following amount to be raised by taxation for the City of Otsego for the taxable year 1997, viz: 1,172,112 74,893 140,579 247,990 1 708,650 1 7% 26% 4% ; -15% 10% Market Value Based Referendum Levy $ 0.00 *Do not include any Disparity Reduction Aid or Fiscal Disparity taxes. Dated this 9TH day of December , 1996. 1995/96 LAST YEAR BUDGET REQUIREMENTS SHOWN FOR COMPARISON Elaine Beatty, Clerk IAI BI i (CI i (D) i (E) Proposed i Proposed i Proposed i Proposed i Proposed i Proposed i i ( A► i ( B I i ( C► i ( D I i ( E I 1996/97 1996/97 1996/97 1996/97 1996/97 :1996/97 Fund 1996/97 1996/97 1996/97 1996/97 ( A -B -C -D = E I Budget i i Other Tax i Tax Budget Other Certified Requirements LGA ; HACA Resources ; Levy Rates i i Requirements LGA HACA Resources ; Levy 1,173,610 ......1 .......................... 101,805 146,854 ....1........................... 1.............................. 208,771 716,180 1.......................... ....1..................... 29.904 'Revenue i..................................... � ..�..1.( �.y.� 3.�..►.....1.-0.1..r.g p rJ.!......1.46.,.g.5.4 .... 2.Q2.,..1.9 .........7.1.6.,.1.$.Q.. 60,200 ............................... 1.............................. 1........................... 1.............................. 7,500 52,700 1.......................... ....1.....................i.............. 1.634 Bonds .................. .....i.........52..,...D.O..►............................. 1........................... I............................. 1 ........... 5.2.,..7..0.0.. 15,000 .............................. 1............................. ' ' 1........................... 1.............................. ' 15,000 1.............................. 0.465 'Parks 1..................... i ..................................... i.........1.5..,..0.0.0..1 .............................. 1........................... 1............................. 1 ............ ..,.O.Q.O.. 6,578 ' 6,578 0.204' Extra HACA i..................................... i..............,....7 ....1.............................1...........................1.............................1.................. la ' ' ' 6 5 7 8 �............. ..............................1.............................1...........................I..............................1..............................1..................... i p i .. ... ............................................................................................................... p .... .... .... ...... .... ..............................i .............................. 1.............................. 1........................... 1.............................. p 1............................. i 1 .1..................... i..................................... i............................... 1............................. 1........................... 1............................. 1................................. � .............................. .... p .......................... ...i .....................i ..................................... ............................. ................................. ............................... 1............................. 1 i p 1 ........................... 1 .............................. 1 ............................. 1..................... i..................................... i............................... ............................. 1........................... 1............................. 1................................. .............................. 1 ............................. 1........................... 1 p .............................. 1 ............................. ..................... i ..................................... i............................... 1............................. 1........................... 1..........................---i-------..........-----........... .............................. 1............................. 1........................... 1 .............................. 1............................. 1..................... i..................................... i............................... 1............................. 1........................... 1............................. 1................................. .............................. 1 i p 1 ...... ............................. ............................... I .............................. 1........................... .............................. i....................... i..................................... i............................... ............................. ........................... ............................. 1................................. ...............................1.............................1...........................1..............................1............................. 0...1..................... ..................... i..................................... i............................... 1............................. 1........................... 1............................. 1................................. ............................... 1 ............................. i i p 1 ........................... 1.............................. 1.............................. 1 1..................... i..................................... i............................... 1............................. 1........................... 1............................. 1................................. ...............................1..............................1...........................1..............................1.............................1..................... i..................................... i...............................1.............................1...........................1.............................1................................. ..............................i ..............................i 1,255,388 ! 101,805 146,854 ! 216,271 ! 790,458 ! 32.207 ! T o t a l h -) d 1 2 1 n! 1 n1 R n s! 146,854 ! n-) 1 a z! p a n e r a 1,172,112 74,893 140,579 247,990 1 708,650 1 7% 26% 4% ; -15% 10% Market Value Based Referendum Levy $ 0.00 *Do not include any Disparity Reduction Aid or Fiscal Disparity taxes. Dated this 9TH day of December , 1996. 1995/96 LAST YEAR BUDGET REQUIREMENTS SHOWN FOR COMPARISON Elaine Beatty, Clerk k CITY OF OTSEUO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 9. COUNCIL ITEMS CITY CLERK Dec. 9, 1996 - 6:302M ITEM NUMBER: ITEM DESCRIPTIUN: Px� r�x�t� tsz: �D, 9.2. Council decision on colored pages for Comp. Plan. (see attached information) BACKGROUND: Bob Kirmis, Assistant Planner has asked the Council on two different occasions to give him direction as to if the Council wants colored maps and land use plan in the Comprehensive Plan document that is now being revisited. It is now at the point where they need to know what the decision is to be able to proceed with this project. Bob asked that you make your decision tonight so they can proceed. FYI: Bid was $25,000.00 for Black and white copies and an additional $1.50 per page for color graphics. There are 40 maps in the report which would be $60.00 extra for color. Another way you could do it is have the Land use map and Plan in color which would be 10 to 12 pages of color and the rest black and white. STAFF RECOHMNDATION: This is a Council decision as how to ao with this. Keep in mind that the Comprehensive Plans for the public are sold at cost so we recoup the money we spend. Also, please make a decision on this tonight as it is very important for the project to continue. My personal opinion is that the colored maps show up wetter and are much easier to read. Remember you can have all color, some color, or no color in this document. Theink you, Elaine 3�NNESo, Minnesota Department of Transportation a ? Q� District 3 Tay 1991 Industrial Park Road Baxter, MN 56425 December 4, 1996 Elaine Beatty Otsego Clerk 8899 Nashua Avenue NE Otsego, MN 55330 Dear Ms. Beatty: RE: Candidate Project Solicitation Notice for Federal Transportation Funding Tel 2.18/828-2460 Fax: Toll Free: 1/800/657-3971 The Central Minnesota Area Transportation Partnership is presently soliciting candidate projects for developing its draft 1998-2000 Area Transportation Improvement Program (ATIP). The draft ATIP is a prioritized list of transportation projects that the Partnership recommends for inclusion in the State Transportation Improvement Program (STIP). Once in the STIP, projects become eligible for federal transportation funding. The Partnership will be accepting new project nominations for State Fiscal Year 2000 (July 1, 1999 to June 30, 2000). The categories of projects being considered for this solicitation include: Urban and Rural Road, Urban and Rural Bridge, Hazard Elimination Safety (HES), and Transportation Enhancement Activities. General information pertaining to the Transportation Enhancement Program is enclosed. However, more specific details are contained in the actual application form. State and local governments wishing to nominate a project for any of the above categories should contact me to obtain a copy of the eligibility requirements and project nomination forms. Cities under 5,000, townships, and other entities such as local historical societies are required to contact the County Engineer in their County before making application. State agencies may apply directly. Each applicant must assure that local funding is available to match the federal funds requested for their proposal. Application deadlines vary between categories so interested applicants should notify me as soon as possible of their intent to apply for federal transportation funding. The deadline for submitting road and bridge applications is Friday, January 31, 1997. The deadline for submitting HES and Transportation Enhancement applications is Friday, January 17, 1997. Applications received after these deadlines cannot be considered for funding. Sincerely, Steven J. Voss Transportation Planner Enclosure: Enhancement Brochure 6n000\j im-voss\7wsolltr.atp An equal opportunity employer RANSPORTATION il=NHANCEMENTS Today's transportation systems are tightly woven into in the social, cultural, envi- ronmental and economic fabric of our regions and communities. Transportation Enhancement projects provide a means to strengthen that relationship and to in- crease the positive impact of all transportation investments. + WHAT'S AVAILABLE? The Intermodal Transportation Efficiency Act of 1992 (ISTEA) makes about $7 mil- lion in federal transportation funds avail- able for qualifying projects in Minnesota each year. The funds are available to eligible applicants for projects that fall into ten eligible categories listed in ISTEA. ♦ WHERE IS IT? deral transportation funds, which in- 'lude transportation enhancement funds, are programmed through a decentralized process where eight Area Transportation Partnerships (ATPs) make program deci- sions for all federal funds in their jurisdic- tion. Projects are typically programmed two or three years in advance of construc- tion to allow time for project development. Project applicants should contact their local ATP to enquire about specific project appli- cation and project !,election processes in their area. Project solicitations occur at different times for each ATP but all will occur sometime between September and January. ADDITIONAL INFORMATION (612) 779-5081 + WHAT'S ELIGIBLE? (This is a summary of the official Eligibility Guidelines for Transportation Enhance- ment Projects) + 1. Projects must be located in the prox- imity of the intermodal transportation system and must have a substantial rela- tionship to the transportation system in terms of function or impact. + 2. Users of enhancement funds are subject to the same accounting and envi- ronmental rules that have been developed to ensure that highway construction projects are constructed responsibly and with a minimal adverse impact on the environment. Mn/DOT staff will help project managers to identify and clarify project requirements. Fulfilling the re- quirements can be a time-consuming task. + 3. Usually, the minimum funding re- quest is $50,000. It may be higher in some areas. A minimum local financial match of 20 percent is required. + 4. In most cases, projects must be spon- sored by state agencies, counties, cities over 5,000 population or Indian reserva- tions. + 5. Projects must not involve the mitiga- tion of damage caused by another transpor- tation project. Contact the Mn/DOT Office of Environmental Services for: 1. Eligibility Guidelines 2. Local contacts for ATPs 3. Additional information TRANSPORTATION ENHANCEMENTS EXAMPLES OF ELIGIBLE ENHANCEMENT PROJECTS (Projects must meet project eligibility guidelines) 1 . PROVISION C FACILITIES FOR PEDESTRIANS AND BICYCLES BICYCLE FACILITIES A. Bicycle trails/paths B. Paved shoulders and wide curb lanes for bicycle lanes (beyond dimensions required by applicable road Iesign standards) C. Benches, lighting and other related amenities D. Trail head facilities which provide access to trail systems, e.g., right-of-way, public parks and lands, etc. E. Bicycle racks on buses, trains F. Bicycle parking, e.g., racks, lockers, shelters G. Traffic control signs and signals H. Bridges and tunnels OEDESTRIAN FACILITIES I. Pedestrian sidewalks, trails, paths, bridges, crosswalks, tunnels J. Traffic structures and devices for the purpose of traffic calming K. Benches, lighting and other related amenities L. Traffic control signs and signals 2. ACQUISITION OF SCENIC EASEMENTS AND SCENIC OR HISTORIC SITES A. Costs related to the direct purchase, donation, transfer or trade of property for specific sites or pullouts (Fee acquisition has proven to be a more effective and less costly method of preserving sites) Land must be in public ownership and open to the public. B. Costs related to acquisition of scenic easements by direct purchase, donation, transfer or trade (Should only be used in a selective manner) 3. SCENIC OR HISTORIC HIGHWAY PROGRAMS A. Planning, development and implementation of state or regional programs to develop and promote transportation corridors as a tourism and economic development resource. B. Interpretation projects and site development projects, e.g., plaques, restoration of historic transportation sites, restoration of historic light standards C. Production of promotional media, e.g., brochures, publications and electronic communica- tions D. Corridor management planning RANSPORTATION JNHANCEIVIENTS Historic Preservation Scenic or Historic Highway Programs Landscaping/Scenic Beautification Bicycle and Pedestrian Facilities RANSPORTATION ENHANCEMENTS Mitigation of Water Pollution Due to Highway Runoff Historic 13uilclill I's, Structures, Facilities Page 3 SCENIC OR HISTORIC HIGHWAY PROGRAMS (continued) E. Information and route identification signing on historic routes, e.g., Yellowstone trail, Glacial Ridge trail, etc. F. Construction of a scenic overlook site or facility G. Rehabilitation of state entrance monuments H. Repair, renovation, expansion of interpretive sites 4. LANDSCAPING AND OTHER SCENIC BEAUTIFICATION A. Highway and viewshed landscaping to address visual quality and habitat (above and beyond current practices in landscaping projects, i.e. mitigation or commitments made during project development to obtain plan approval) B. Site landscaping to address visual quality and habitat (park, rest area, historic site) C. Preservation or restoration of historic landscapes F. Incorporation of design elements into transportation structures to complement the sur- rounding environment (above and beyond current practices, i.e. mitigation or commit- ments made during project development to obtain plan approval) G Environmental enhancement projects to improve habitat and promote diversity in biolo�i- cal species 5. HISTORIC PRESERVATION Sites must be included in or eligible for inclusion in the National Register of Historic places, or a contributor to a National Register Historic District or a local landmark or contributing resource within a local historic district, designated by a Certified Local Government. Sites must also have a substantial relationship to the past or current transportation system. A. Acquisition of historic sites B. Historic highway programs C. Historic preservation and interpretation D. Construction of historical or geological interpretive sites 6. REHABILITATION AND OPERATION OF HISTORIC BUILDINGS, STRUCTURES OR FACILITIES (Including historic railroad facilities and canals) Structures and facilities include tunnels, bridges, trestles, embankments, rails or other guideways, non -operational rolling stock, canal viaducts, tow paths and locks, stations and other manmade transportation features integrally related to the operation and passenger or freight use of any mode of transportation. A. Rehabilitation and operation of historic transportation buildings, structures or facilities Page 4 (RESERVATION OF ABANDONED RAILROAD CORRIDORS (Including the nversian and- use thereof for pedestrian and bicycle trails) A. Acquisition of abandoned railroad corridors B. Trail construction on abandoned railroad corridors 8. CONTROL AND REMOVAL OF OUTDOOR ADVERTISING A. Projects to achieve consent among stakeholders and adopt local ordinances regarding outdoor advertising B. Expenditures made to remove existing nonconforming signs*, displays and devices on the interstate and federal -aid primary highway system under a legal process that bases pay- ment on an equitable appraisal * A nonconforming sign is: One which was lawfully erected, but which does not comply with the provisions of State law or State regulations passed at a later date or which later fails to comply with State law or State regulations due to changed conditions. Illegally erected or maintained signs are not nonconforming signs. 9. ARCHAEOLOGICAL PLANNING AND RESEARCH A. Planning and research for any preservation and interpretation of archaeological sites. (This would not include data recovery) 10. MITIGATION OF WATER POLLUTION DUE TO HIGHWAY RUNOFF (Mitigation in this case means retrofitting existing roads and ditches to correct water quality problems or to achieve a net gain in water quality. Measures taken on a construction project or reconstruction project to correct water quality problems caused by the project are not eligible.) A. Creation of wetlands to filter water transported by highway ditches and structures B. Construction of structures to filter water transported by highway ditches and structures C. Planning to systemically manage water quality stemming from highway runoff and from water carried by highway ditches D. Stabilization and restoration of decaying stream banks E. Filter strips along ravines, gullies and ditches F. Stabilization of off-site sedimentation generators affecting roadways