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
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• 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
�.............
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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