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01-13-97 CCCITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 6. BOB KIRMIS Elaine Beatty January 13, 1997 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 6.1. Barthel Bros. Dairy, James, Paul and Joseph Barthel, Owners, 11364 - 80TH ST NE, Chris Bulow, Inc., Developer for a CUP to allow transfer of property building rights of one per forty acres subdivisions. Request is as follows: 1. A Conditional Use Permit to allow the following: A. Transfer of property rights of one per forty subdivisions to allow a 7 -lot clustered subdivision. B. A Variance for Cul-de-sac length (longer than allowed by regulations.) BACKGROUND: The above item had been continued at the request of the Applicant from November 20, 1996 P.C. Meeting, so they could gather more information. Also Continued from the P.C. Meeting of Dec 4, 1996, so the P.C. could conduct a site inspection of the Co Rd #39 and 80TH ST Farm areas. the Hearing was continued to the P.C. Meeting of Dec. 18, 1996. The Planning Commission denied the Transfer of property rights of one per forty subdivisions to allow a 7 -lot clustered subdivision. The reason stated was the impact on agriculture and neighbors. (See enclosed information from the City Attorney regarding this issue) STAFF RECOMMENDATION: This is a Council Decision. The request. Please read the City attached. Planning Commission Thank you, ,;:!;` Elaine Staff recommended approval of this Attorney's letter of January 7, 1997 minutes Re: Barthel attached. JAN - 8 William S. Radzwill Andrew J. MacArthur Vichael C. Couri Megan M. McDonald January 7, 1997 RAMWILL & CO URI Attorneys at Law L 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: Barthel Brothers Dairy, Rolling Ridge Creek- Conditional Use Permit Transfer of Development Rights Dear Council Members: I have reviewed the proposed alternative Findings of Fact for both approval and denial drafted by the City Planner and the minutes of the Planning Commission hearings and meetings where this matter was considered. It is my understanding that the Planning Commission unanimously voted to deny the requested CUP. My concern with this matter is the apparent lack of adequate factual basis on the record supporting the findings upon which the Planning Commission has recommended denial. The City can legitimately reject a CUP if it determines that the proposed use is incompatible with surrounding uses for specifically delineated reasons. It appears from the minutes that the basis for such a finding needs to be enhanced. Based upon my review, it appears that the proposed development could conceivably be rejected for either compatibility or safety reasons. However, the present record does not provide an adequate basis for either finding, in my opinion. I would therefore recommend that the Council consider sending the matter back to the Planning Commission for further consideration and public hearing, or conduct its own public hearing, if it appears that there may be reasons for a denial. Otsego Zoning Ordinance 20-4-2, L and M. 1 Letter to Otsego City Council January 7, 1997 Page 2 I refer to the memo from the City Planner's office regarding this matter dated December 23, 1996. I think that the memo makes some good points regarding the proposal. However, the issue as to whether to approve or deny the conditional use permit is a Council decision. My primary concern is that whatever action the City takes can be defended. If the Council desires to approve the CUP, I believe that there is an adequate record to support approval. Obviously, if the proposed CUP was approved it would have to comply with all re,:ommendations of the City Engineer. If you have any questions regarding this matter I will be available to respond to them at the regular City Council meeting scheduled for January 13, 1997. Very y you drew J ac r RADZWILL & COURI cc: Bob Kirmis, Assistant City Planner Larry Koshak, Hakanson Anderson Planning Commission Chris Bulow, Developer NORTHWEST ASSOCIATED CONSULTANTS NW INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Bob Kirmis DATE: 8 January 1997 RE: Otsego - Barthel FILE NO: 176.02 - 96.24 Attached please find the following findings of fact applicable to the Barthel request: 1. Conditional Use Permit - Denial 2. Conditional Use Permit - Approval 3. Variance - Approval Due to the relative uncertainty regarding this request, findings for both approval and denial of the conditional use permit have been prepared. This item is scheduled for City Council consideration on 13 January. PC: Elaine Beatty Larry Koshak Andy MacArthur 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 8 PHONE 6 1 2-595-9638 FAX 6 1 2-595-9637 CONDITIONAL USE PERMIT DENIAL CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE: FINDINGS OF FACT AND DECISION Application of Barthel Brothers Dairy for a conditional use permit to allow a "one per forty" transfer of development rights within an A-1, Agricultural Rural Service Zoning District. On 13. January 1997, the Otsego City Council met at its regularly scheduled meeting to consider the application of Barthel Brothers Dairy for a conditional use permit to allow the aforementioned. Based on the application, the recommendation of the Planning Commission, and the evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT 1. The applicant is requesting a conditional use permit to allow "one per forty" transfer of development rights within an A-1, Agricultural Rural Service Zoning District specifically. 2. The Legal description of the sources of the density transfer are as follows: See Attached Exhibit A 3. The legal description of the property to which the development right is being transferred is as follows: See Attached Exhibit B 4. Section 20-4-2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the proposed conditional use permit. The seven effects and findings regarding them are: f. Traffic generation by the proposed use in relation to capabilities of streets serving the property. It is anticipated that the seven proposed dwellings will generate approximately 70 vehicle trips per day upon County Road 39 (per Institute of Transportation Engineers). Such traffic is within the capabilities of County Road 39 which serves the property. g. The proposed use's impact upon existing public services and facilities including parks, schools, streets and utilities, and its potential to overburden the City's service capacity. The applicable A-1 Zoning District allows a residential density of one dwelling unit per 40 acres of land. It is the applicants' intent to cluster their available development rights into a single location. The proposed single family dwellings will not overburden the City's service capacity. 5. The planning report, dated 11 November 1996 prepared by Northwest Associated Consultants, Inc., is incorporated herein. 6. On 20 November, 4 December. and 18 December 1996 the Otsego Planning Commission conducted a public hearing to consider the proposed conditional use permit application preceded by published and mailed notice. Upon review of the conditional use permit application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council deny the conditional use permit based on the aforementioned findings. The recommendation of denial has the affect of denying the associated preliminary plat and variance applications. DECISION Based on the foregoing considerations and applicable ordinance, the applicant's request for a Conditional Use Permit to allow a "one per fort" transfer of development rights in an A-1 Zoning District is denied in its present form. K? LEGAL DESCRIPTION SOURCE(S) OF DENSITY TRANSFER To be added EXHIBIT A CONDITIONAL USE PERMIT APPROVAL CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE: FINDINGS OF FACT AND DECISION Application of Barthel Brothers Dairy for a conditional use permit to allow a "one per forty" transfer of development rights within an A-1, Agricultural Rural Service Zoning District. On 13 January 1997, the Otsego City Council met at its regularly scheduled meeting to consider the application of Barthel Brothers Dairy for a conditional use permit to allow the aforementioned. Based on the application, the recommendation of the Planning Commission, and the evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT 1. The applicant is requesting a conditional use permit to allow "one per forty" transfer of development rights within an A-1, Agricultural Rural Service Zoning District specifically. 2. The Legal description of the sources of the density transfer are as follows: See Attached Exhibit A 3. The legal description of the property to which the development right is being transferred is as follows: See Attached Exhibit B 4. Section 20-4-21 of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the proposed conditional use permit. The seven effects and findings regarding them are: 9. The proposed use's impact upon existing public services and facilities including parks, schools, streets and utilities, and its potential to overburden the City's service capacity. The applicable A-1 Zoning District allows a residential density of one dwelling unit per 40 acres of land. It is the applicants' intent to cluster their available development rights into a single location. The proposed single family dwellings will not overburden the City's service capacity. 5. The planning report, dated 11 November 1996 prepared by Northwest Associated Consultants, Inc., is incorporated herein. 6. On 20 November, 4 December 1996, and 18 December the Otsego Planning Commission conducted a public hearing to consider the proposed conditional use permit application preceded by published and mailed notice. Upon review of the conditional use permit application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council deny the conditional use permit. DECISION Based on the foregoing considerations and applicable ordinance, the applicant's request for a Conditional Use Permit to allow a "one per forty" transfer of development rights in an A-1 Zoning District is approved in its present form and subject to the following stipulations: 1. The properties involved in the development rights transfer are under the same ownership. 2. A deed restriction is placed upon the parcels from which development rights have been transferred to prohibit additional development. 3. The City approve the Rolling Ridge Creek final plat. ADOPTED by the Otsego City Council this 13th day of January 1997. CITY OF OTSEGO Larry Fournier, Mayor 3 LEGAL DESCRIPTION SOURCE(S) OF DENSITY TRANSFER To be added EXHIBIT A VARIANCE APPROVAL CUL-DE-SAC LENGTH CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE: FINDINGS OF FACT AND DECISION Application of Barthel Brothers Dairy to allow a variance from the City's maximum 500 foot cul-de-sac length requirement. _ On 13 January 1997, the Otsego City Council met at its regularly scheduled meeting to consider the application of Barthel Brothers Dairy to allow the aforementioned variance. Based on the application, the recommendation of the Planning Commission, and the evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT 1. The property to which the variance is to be applied is legally described as follows: See Attached Exhibit A 2. The subject property is zoned A-1,Agricultural Rural Service. 3. The applicants are requesting a variance from Section 21-7-6 of the Subdivision Ordinance which stipulates that cul-de-sac streets may not exceed 500 feet in length. 4. The applicants are proposing a cul-de-sac measuring approximately 580 feet in length. 5. Section 21-104A of the Subdivision Ordinance states that a variance shall only be approved when the City Council finds that a variance may not be issued unless certain criteria are satisfied. The criteria and findings regarding them are: g. That the hardship is not a result of an action or actions by the owner, applicant, or any agent thereof. The hardship is not a result of an action by the owner, applicant or any agent thereof. The hardship is not a result of an action by the property owner, applicant, or agent thereof. 6. The planning report dated 11 November 1996, prepared by Northwest Associated Consultants, Inc., is incorporated herein. 7. In conjunction with the requested variance, the applicants have also requested approval of a conditional use permit to allow a transfer of development rights. Denial of the said conditional use permit request would have the result of variance denial. 8. 'On 20 November, 4 December and 18 December 1996, the Planning Commission conducted a public hearing to consider the proposed variance and associated conditional use permit preceded by published and mailed notice. Upon review of the cited conditional use permit application and evidence received, the Planning Commission closed the public hearing and recommended that the Otsego City Council deny the conditional use permit base cnary to on various con derfindings. the reque ted approval of such conditional use permit snee variance, the Planning Commission resultantly recommended that the Otsego City Council deny the variance request. DECISION Based on the foregoing considerations, and the applicable City Ordinances, the applicant's request for variance from the City's cul-dfollowing g h requirement is approved in its present form, subject to the fulfillment of the9 1. Final plat approval of the Rolling Ridge Creek Subdivision. C-1 LEGAL DESCRIPTION TO BE ADDED EXHIBIT A NTY o vOJ A112j� WRIGHT COUNTY wAYNE 0E NGALSON, P.E. DEPARTMENT OF HIGHWAYS Highway Engineer _ ----- 687_,389----- M Wright County Public Works Building LVIRGIL-G. H-AWK1M,,-PT - :lI 1901 Highway 25 North Assistant Highway Engineer Buffalo, Minnesota 55313 682-7387 RICHARD E. MARQUETPE 7855 Jct. T.H. 25 and C.R. 138 Right of way Agent Telephone (612)682-7383 682-7386 Facsimile (612) 682-7313 December 18, 1996 Otsego Mayor and City Council Otsego City Planning Commission 8899 Nashua Avenue NE Otsego, Minnesota 55330 RE: Rolling Ridge Creek Preliminary Plat Honorable Mayor, City Council, and Planning Commission: We have reviewed the preliminary plat for the above mentioned development dated November 8, 1996, as prepared by Taylor Land Surveying, Inc. The preliminary plat has not been reviewed with respect to drainage, street improvements, and grading internal to the plat, as the City of Otsego should review these aspects for conformance to city standards. We offer the following comments regarding impact to County State Aid Highway 39. 1. An access permit will be required for access to CSAR 39. Requirements for access will be identified in the permit special provisions, which in this case, would include construction of a 12 - foot wide right turn lane on CSAH 39. Specific requirements of turnlane layout and section strength will be identified as part of the access permit provisions. 2. A right-of-way dedication of 55 feet from centerline on CSAH 39 should be shown on the plat. This will accommodate the right turn lane and also leave room for future utilities. This is consistent with the policy in the Wright County Transportation Plan. 3. A preliminary review of the proposed access location indicates that the sight distance will meet the minimum required by the County. 4. Ditch drainage, approach grade, and sideslope requirements for access to CSAH 39 will be addressed as part of the special provisions of the access permit. Equal Opportunity / Affirmative Action Employer CITY OF OTSEGO PLANNING COMMISSION MEETING of December 18, 1996 I. Chair Swenson will call meeting to orders Chair Swenson call the Planning Commission Meeting to order at 8:00 PM. ROLL CALL: Present: Chair, Carl Swenson, Commissioners, Ing Roskaft, Arleen Nagel, Bruce Rask, Richard Nichols, Eugene Goenner, Jim Kolles Staff. Bob Kirmis, City Planner, Jerry Olson, Building Official, Elaine Beatty, City Clerk/Zoning Administrator, Carol A. Olson, Secretary Council Representative, Larry Fournier Councilmembers; Vern Heidner, Suzanne Ackerman Councilmembers Elect; Virginia Wendel, Mark Berning 2 Consideration of the Minutes of Dee -ember 4, 1996 P.C. Meetings Chair Swenson - The minutes of December 4, 1996 will be ready for review and approval at the January 2, 1997 Planning Commission Meeting. 3. Continued Hearing for Barthel Brothers Dairy for site inspection on 12/4/4/* .lames, Paul, and Joseph Barthel, Owners- 11364 80th Street NFA Otgego, MN. in conjunction with Chris B clow from B low, Inc Developer for PID# 118-800-244200, t_ 41, 244200, 261200, 134201,42 1200,4.2 1300,_242400 and 262106 fora CT 1P transfer of propeM building rights of one per folU acre subdivisions (Parcels to be deed restricted from any further development until allowed to be rezoned) to a clustered 7 -lot development of PID#118-800-134201, LOCATED IN Sec 13, T_ �� 121, R 24. Property is S of Co Rd #39 and E of Co Rd #19 Request is as follows* A Conditional Use Permit (CUP) to allow the following: 1. CUP to allow transfer of property IIghts of one per fora., subdivision to allow a 7 -lot clustered sub ivision 2. Preliminary Plat Approval Chair Swenson - The Planning Commission continued the hearing to allow for a site inspection on Saturday December 14, 1996. All the commissioners and Council Representative Larry Fournier attended the inspection. Chair Swenson - any comments resulting from the site inspection: Bruce Rask Concerns: Richard Nichols Concerns Appearance of spot development Setting a precedent No limit on number of transfers Prefers 80th St. to Co.Rd.39 site Prefers 80th St. to Co.Rd.39 site less impact. PLANNING COMMISSION MEETING of December 18, 1996 cont'd Page 3 Paul Kolles - Lives near Dick Paffel. He doesn't farm. 12124 NE 95th St. Are you saying if there were eight farmers in that area would it be an issue, but because it only effects one to two farms it's not. My brother lives north of site, what if his children want to farm are you going to take that away from them. You need to get things in priority. Glen Kolles Mr. Bulow will be looking at the river. I will be looking at NE 95th St. the development. Let them have it on 80th Street. Chris Bulow - In regard to the farming expansion in this area, I don't think it should be up to any neighbor to decide. It should be up to the City Ordinances they should be allowed to expand within the city's guidelines, whether it be doubling a herd or splitting off land. If they are doing something controversial let the city handle it. Chair Swenson - If no one else wishes to be heard I will close the Public Hearing and bring the discussion back to the Planning Commission. We have had discussion and it would be nice to have a motion on the table, however if you want to discuss some more that's fine. Bruce Rask stated that some interesting points were brought up. Number one, by the Barthels deed restricting all their property, they will not be allowed to expand anymore. Then it should be on 80th St. Chris Bulow said on Co. Rd.39 this will only effect two farmers. He made the statement that these seven houses are justifiable because sewer is needed in this area. That is not a reason to justify this housing development in my opinion. What we have in the ordinance now is to preserve and maintain septic systems not keep polluting to justify a sewer system. Still feels it is a bad location. Richard Nichols - Agreed with what Bruce Rask. There are two items listed in the ordinance that have latitude for discussion. Having to do with the impact on agriculture and the impact on adjacent properties. Development is coming, it is a fact of life. I do think it is set up because the property is hilly and not as easy to farm, but I don't think it is right for us to set up the potential of that kind of an impact. The project on paper looks good and I don't have a problem with the cul-de-sac, but I don't think the development is in the right place. Eugene Goenner - They pretty much meet all the conditions of the ordinance and follow the criteria to be able to develop, but then I hear about the impact on the neighbors and it gives me some concerns. At the same time the city has declared that agricultural livestock is now a legal non -conformity in the city. The City is giving us mixed messages on how to handle situations like this. It is a difficult issue for me to decide what is best. PLANNING COMMISSION MEETING of December 18, 1996 cont'd Page 5 80 37 Acres,,S.ee. 22, Twn121, R23 and PID# 118-500-272200 - 40 Acres, Sec. 27, Twp 121, R23. Chair Swenson went over the request and turned the meeting over to Mr. Kirmis. Mr. Kirmis stated that this is a discussion item. The potential applicants are just looking for some feedback in terms of the land use right now. At this point I do not recommend getting into the design specifics of the plan being submitted, but rather the acceptability of the land use which is being proposed. This is somewhat of a unique property involving 120 acres of land. The northern 40 lie within the Urban Service Area and the Southern 80 lie within the Long Range Urban Service Area. Development is encouraged within the Immediate Urban Service Area particularly when it constitutes infill. One issue relates to sanitary sewer service. This area was included in the city's preliminary investigation for the possibility of a sanitary sewer service district. Residential hook ups would be promoted, these hook ups are needed to fund a sewer system. Larry Koshak - The staff has put together a sewer service area with Treatment Plan. Basically it would have to be financed by residential development. The availability, of these forty's are critical in paying for a treatment facility. These three forty's are critical in this particular area. As development occurs that is when the impact of the cost of the facility would occur on the property, not at the time under agricultural use. Chair Swenson - Are you saying that developing this way now, the impact money will still be required. Larry Koshak - If it were developed with one acre lots at this time I would say eliminate that particular forty or those properties from the potential that the city would have to initiate a sewer plan in the community and serve that particular area. Bob Kirmis - As I said no formal application has been prepared. There are questions regarding sewer study, no official study has been adopted. One course of action could be to defer recommendation until a position is established on sewer. That needs to be known before you endorse a project or turn it down. They are just looking for general feedback as to whether it is worth while to proceed at this point. To accommodate this request we'd need to amend the Immediate Urban Service Area to include the southern fortys. Richard Nichols - I don't know what the legal rights are on the forty that is in the Immediate Urban Service Area, but I am not in favor of extending it into the other eighty until we have some kind of a decision on a sewer and water project. PLANNING COMMISSION MEETING of December 18, 1996 cont'd Page 7 I talked with my two neighbors and they do not want sewer and water threw there. All I am asking for is to get this 80 acres rezoned so they can get one acre lots. I'm right in the middle of all that development. They have been building around me for over 25 years. This developer says he will develop if he can get the other acreage to be one acre lots. That is all we are asking for. When is that sewer and water coming, do I have to wait, I think you a penalizing me. A developer will not come and buy unless he can develop. It makes sense for me to sell the whole 120 acres all at one time. My developer is stuck in Lakeville tonight and couldn't get here tonight, but he told me he wants to do the whole thing at one time. Chair Swenson - Went over the applicants request and asked Mr. Kirmis to report. Mr. Kirmis - Richard Kincanon and Mr. Dennis Chuba, on behalf of Heritage Landing Development, are requesting a rezoning of a 65 acre tract of land south of 85th St. and west of Odean Avenue from A-1, Agricultural Rural Service to R-3, Residential Immediate Urban Service. The subject site lies within the Immediate Urban Service Area and in bounded on all sides by platted residential subdivisions. At this time the applicants have only requested rezoning of the property. No subdivision approval has formally been requested nor submitted to the city. The City's Land Use Plan suggests low density use of the property. We feel this fulfills the Comprehensive Plan policy of infill development. Don't see any problems and approval of the request is justified. Chair Swenson - went over the procedure for a public hearing and opened the hearing to the public for comment. Jeaneen Ryther Concerned with 85th St. bearing up under more traffic 14242 85th NE In bad shape as it is now. Concerned with traffic, safety, and speeding. How many lots are being planned. Chair Swenson - If no one else wishes to be heard at this time you will have an opportunity later on in the hearing. We will have the discussion among the Planning Commission members. Larry Fournier asked for the number of lots. Developer answered 41 lots. PLANNING COMMISSION MEETING of December 18,19% cont'd Page 9 Elaine Beatty - The City Council at their last meeting, sent the CUP for John and Cheryle Adams, back to the Planning Commission for re -hearing. I will notice that and have it on the agenda. Larry Fournier - at our last Planning Commission meeting it was asked how many openings for candidates there were. I believe there are two openings. I have received three applications. Also there are some terms that are up and the City Council submit a memo if you wish to be re -appointed. 8_ Adjourn. Ing Roskaft motioned to adjourn. Bruce Rask seconded. All in favor. Motion carried unanimously. The Planning Commission Meeting was adjourned at 9:45 PM. Bruce Rask, Secretary Recorded by: Carol A. Olson PC1218%.wp. a ISI NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: FROM: DATE: RE: FILE NO: Otsego Mayor and City Council Bob Kirmis 23 December 1996 Otsego - Barthel - Density Transfer CUP/Preliminary Plat/ Variance (Rolling Ridge Creek) 176.02 - 96.24 This memorandum is written as a follow up to the 18 December Planning Commission at which the Planning Commission recommended that the City Council deny the Barthel Brothers density transfer conditional use permit request (denial of conditional use permit has the result of preliminary plat and variance denial). The Barthels are proposing to transfer seven residential development rights to a single location south of County Road 39 and east of County Road 19. A primary basis for the Planning Commission recommendation of denial was that the Proposed residential cluster would adversely affect adjacent properties. Concern was also indicated that the proposal may constitute "spot" development. The Planning Commission's recommendation is contrary to the recommendation of approval offered by our firm (see 11/11/96 report). As an alternative to the current development proposal, the Planning Commission advised the applicants that an alternative subdivision location along 80th Street would be looked upon more favorably than the County Road 39 location currently proposed. In consideration of this request, we feel it is important that the City Council take note of the following: 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 Purpose of Density Transfers. According to Section 20-51-5.1-1 of the Zoning Ordinance, single family residential development rights within A-1 Zoning Districts may be transferred to property under the same ownership for the purpose of preserving p roduc ive farmlands by conditional use permit. It cannot be understated that the rima allowing such transfers is the result of productive agricultural land pr servationurpose of The land on which the applicants wish to cluster their seven development rights (adjacent to County Road 39) has been documented as "marginal" for agricultural production. The applicants have further indicated that such land area represents their "least productive" land available. In this regard, we feel the purpose of the conditional use permit has been satisfied. According to the Wright County Soil Survey, soils along 80th Street (land under the applicants' ownership) are primarily a Dundas and Ames silt loam (0-3 percent slopes) soil type. The soil survey states that such associations are fair to good for crops and good for pasture. As such, it appears that the subdivision location "suggested" by the Planning Commission would not satisfy the primary conditional use permit criteria. Clusters. As part of the Planning Commission's consideration of the request, concern was voiced over the proposed subdivision constituting "spot" development by clustering a significant number of dwelling units in a single location. While our office shares such concern, it should be recognized that the Zoning Ordinance does not specify a maximum number of dwelling units which may exist in a cluster. Also to be noted is that the ordinance, as originally adopted, included a cluster limit of two dwellings. Against the recommendations of our office, the Planning Commission and City Council amended the A-1 density transfer requirements to delete the maximum cluster limit (August 1993). The original intent of the "cluster cap" was to prevent the creation of mini -subdivisions. Compatibility. As noted previously, a primary basis for the Planning Commissions recommendation of denial was possible adverse effects upon adjacent properties. While the location of a small scale subdivision in the midst of an agricultural area will inherently produce compatibility concerns, we feel that the location of the subdivision along 80th Street (as suggested by the Planning Commission) would result in far greater adverse impacts upon both land use types. Such opinion is offered in consideration of the more "intense" agricultural activities which exist north of 80th Street. Safety. An additional item of concern noted at the Planning Commission meeting was that of traffic safety along County Road 39. While safety is certainly an issue worthy of concern, it is the opinion of our office that a consolidated access with various improvements (i.e., twin lanes, stop sign, street lighting) represents a much safer condition than would direct driveway access to the County road. E Sewage Treatment Genuine Concerns exist in regard to the continued allowance of one acre,. 4nsewered lots in the City. Should the subdivision in question require corrective meaures (to on-site sewage treatment systems) at some future point, we agree with the applicants that the subdivision's proposed proximity to the Riverwood Conference Center is preferred over the 80th Street location suggested by the Planning Commission. Continued system failures at the conference center likely will prompt the installation of some sort of package system in the near future. Hopefully, this memorandum has served to highlight various issues associated with the Barthel request and further explain the rationale for our recommendation of approval. This item is scheduled for City Council consideration on 13 January. pc: Elaine Beatty Andy MacArthur Larry Koshak Cris Bulow 3 a CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 5 CONSENT AGENDA Elaine Beatty January 13, 1997 - 6:302M ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB, cc 5.1. Consider Resolution Adopting an Official Newspaper 5.2. Consider Resolution Establishing Depositories for City Funds BACKGROUND: 5.1 and 5.2. We are required to establish an official newspaper and depositories for the City of Otsego at the first meeting of each new year. The attached copies of the two Resolutions No. 97-1, Official Newspaper and 97-2 Establishing Depositories are updated with the same information as to Newspaper and Financial Institutions as last years resolution. STAFF RECOb24ENDATION : This is a Council Decision. Staff feels that the Elk River Star News meets the requirements for the largest number of our citizens being reached, although a portion of our residents in the Western end do have to subscribe and get their papers quite late.._Maybe the Mayor would like to appoint a committee to look into this issue and bring back a determination or solution to the problem. At this time Staff recommends to approve 97-1 and 97-2 Resolutions. Thank you, Elaine CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NUMBER 97-1 REPLACING RESOLUTION OF 1996 - 96-1 RESOLUTION ADOPTING AN OFFICIAL NEWSPAPER WHEREAS, the Elk River Star News is a qualified newspaper of general circulation within the City of Otsego: BE IT RESOLVED that the City of Otsego designates the ELK RIVER STAR NEWS as the City's official newspaper effective immediately. BE IT FURTHER RESOLVED that all ordinances and any other matters which are required by law to be published in an official newspaper, and all other matters which the City Council shall deem advisable and in the public interest to be published, shall be published in the ELK RIVER STAR NEWS. DATED: January 13, 1997 LARRY FOURNIER, MAYOR CITY OF OTSEGO ATTEST: Elaine Beatty, City Clerk/Zoning Adm. ( CITY SEAL) CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NUMBER 97-2 REPLACING RESOLUTION OF 1996 (96-2) RESOLUTION ESTABLISHING DEPOSITORIES FOR CITY FUNDS WHEREAS, the City of Otsego each year must stipulate official depositories for City Funds, NOW, THEREFORE, BE IT RESOLVED, that the City of Otsego designates the following depositories as official city depositories of city funds: Bank of Elk River, Elk River, Minnesota a Investment Center Located at Bank of Elk River First National Bank of Elk River - Elk River, Minnesota Investment Center Located at First National Bank of Elk River - Anoka, Office -Anoka, Mn. Marquette Bank of Monticello - Monticello, Minnesota Security Bank Northwest of St. Michael - St Michael, Minnesota First Banks - FBS Investment Services, Inc. Norwest Investment Securities - Minneapolis, Minnesota Edward D. Jones & Co. - Northern Chicago Bank Smith Barney - Chemical Bank Minneapolis Minnesota Municipal Money Market Fund - St. Paul, Minnesota BE IT FURTHER RESOLVED, that to properly diversify and protect the City's funds the City Treasurer is authorized to deposit up to two million dollars ($2,000,000.00) in each of these depositories. Collateral is required for funds that are not directly invested in investment securities that are insured by the Federal Deposit Insurance Corporation or other United States Government Agencies. Investments shall be in accordance with investment securities allowable under the State of Minnesota investment guidelines for municipalities. The City Treasurer shall deposit all or any part of the City's funds into the approved depositories and withdraw the same when necessary, or when directed by the City Council. This Resolution was passed this 13TH day of January, 1997. LARRY FOURNIER, MAYOR CITY OF OTSEGO ATTEST: Elaine Beatty, Clerk/Zoning Adm. (CITY SEAL) DEPARTMENT: MEETING DATE 6.BOB KIRMIS CITY CLERK January 13, 1997 - 6:302M ITEM NUMBER: ITEM DESC:K1Ff-LUN : erre t L) lvir.iviv: Elaine Beatty, CC/ZA 6.2. Consider Fabian Sadowski - Concept plan review property is SW of 85TH ST and Page Ave NE (Neal Krzyzaniak, Bridgeland Development Co and Peter J Knabele Terra Engr, Inc. (Questions as to Zoning and Subdivision); PID- #1181500-223200, 80.37 Acres, Section 22, Twp. 121, R23 and Pm #118-500-172200,40 Acres, Section 27, Twp 121, R23 of his 120 acres. BACKGROUND: Attached is a sketch plan to review and the Owner, Fabian Sadowski, would like a general idea from the Council if they can rezone this property from A-1 - Agricultural to R-3 Residential, Immediate Urban Service Area. 40 Acres to the North of the property is in the Immediate Urban Service Area now. the other 80 is in the area for 4 per 40 of the City. He is ready to retire and sell his land and a developer is interested in a subdivision of one acre lots. Attached is the portion of the Planning Commission Minutes pertaining to this item. It -is clear from the-P.C. discussion that some direction is needed from the Council as to sewer and water. STAFF RECOMMENDATION: This is just an item for indication by the Council how they feel about the R-3 rezoning of this 120 acres. Thank you, e�2 Z2 Elaine DEPARTMENT: PREPARED BY: MEETING DATE 9.COUNCIL ITEMS: Elaine Beatty,CITY CLERK January 13,1997-6:30PM ITEM NUMBER: ITEM DESURIYTIUN: 9.6. Consider Approval of 1997 Rogers Fire Contract BACKGROUND: This is the first time we have had a Fire Contract with Rogers Fire Department (City of Rogers). The amount per parcel for Rogers Fire Service in the annexed Frankfort area is $54.00 per parcel times 90 (Ninety) parcels for $4,860.00. This is slightly over the $4,846.51 quoted in the attached letter by Rogers. STAFF RECOMMENDATION: Approve the attached Fire Protection Contract for 1997 Rogers Fire Service with approval by the City Attorney (He has a copy of the Contract to review) Thank you, Cs Elaine CITY OF ROGERS September 24, 1996 Ms. Elaine Beatty 8899 Nashua Avenue NE Otsego, MN 55330 Re: 1997 Fire Contract Rate Dear Elaine: SEP 26;.��+; J� 12) 428-2253 12913 MAIN STREET • ROGERS, MINNESOTA 55374 The City of Rogers Fire Department service contract rate will remain the same as the current contracts on file from 1994. Based on the current rate, the 1997 Fire Contract for Otsego will be: $4,846.51 The following information was used in preparing the 1997 contract amount: Market Value: $11,014,800 Calculation: $11,014,800 x .00044 = $4,846.51 If you should have any questions, please feel free to contact me at 428-2253. Sincerely, Gary J. Eitel City Administrator FIRE PROTECTION CONTRACT THIS AGREE11T, made and entered into by and between CITY OF OTSEGO, County of, State of Minnesota, hereinafter called Otsego, and the City of Rogers, a municipal corporation of Hennepin County, State of Minnesota, hereinafter called Rogers; WHEREAS, Otsego, deeming it advisable to have Roger's Fire Department and Rogers' mutual aid fire contracts for: THAT PORTION, formerly known as Frankfort Township, East of State Hwy. 101 and North of the Crow River. WHEREAS, the parties hereto have by appropriate action authorized their respective Town Board Chair/Mayor and Clerk to enter into a Contract for the furnishing of said services, NOW, THEREFORE, in consideration of mutual promises in this Contract, the following conditions are agreed and accepted by both parties hereto: I. OTSEGO AGREES AS FOLLOWS: (a) They will pay to the City of Rogers, the annual sum of. 00044 of the market value within its service area according to the most recent valuation for the year in which services are provided for, compensation for such services. (b) Compensation for providing fire protection service will be made on or before July 30`h of each year. (c) In addition thereto, Otsego shall pay no per hour charge. (d) Otsego, will, to the best of its ability, provide to the servicing parties, the names and addresses of such residents in the above described area, will notify such residents of the service available to them and provide any telephone number or numbers to call for fire protection, and will also provide any and all reasonable services it reasonably can to aid speedy fire calls and responses. (e) Rogers shall not be liable in any way to Otsego, to any person, firm, entity or corporation for failure of the fire department to attend a fire, or to put out a fire, or for damage to goods, or for any act or omission. II. ROGERS AGREES AS FOLLOWS: (a) They will furnish fire service and protection to the property located in Otsego, above described, or arrange for fire service and protection through mutual aid contracts. (b) They will purchase, own and maintain in good order such fire apparatus and equipment as it may consider necessary and suitable in their sole discretion for fire service and fire protection for said fire zone. (c) They will make every reasonable effort to promptly attend fires when notified and will furnish not less than five firemen on each call, subject to paragraph III(a) FPCr&d (d) They will make no claim against Otsego or its employees on account of damage to their property while in the fire service of Otsego, and will further hold Otsego harmless and will carry liability insurance insofar as negligent acts of the firemen of Rogers are concerned. (e) They will respond to a fire service call in one of the districts of Otsego presently served by Rogers, if service is requested by the aforementioned department; that said response shall be as soon as reasonably possible. III. BOTH PARTIES AGREE AS FOLLOWS: (a) In the event there are two or more fire calls at such time that it is impossible or reasonably difficult to respond to all of them, Rogers shall respond in the order that calls were received and will respond to the latter calls as soon as reasonably possible. That, in the event Otsego requires fire services at a time when Rogers' Fire Department has responded to prior fire call and cannot respond promptly due to its presence at the first call, Rogers will promptly notify the fire department nearest to Otsego with which Rogers has a mutual aid fire contract which shall thereafter respond to Otsego's fire call. (b) The roads and weather conditions in Otsego must be such that the fire can be made with reasonable safety to men and equipment and the decision of the fire chief of other fire department officer in charge shall be final as to whether road and weather conditions make a run possible or advisable. Maintenance of roads shall be the sole responsibility of Otsego. (c) A copy of this agreement shall be posted at the fire department and also shall be available at the City offices. (d) Employees of Otsego may assist firemen of Rogers, upon request being made by the department, and such employees shall function at the scene under the direction of the fire department. This contract replaces any existing contracts and agreements between the parties and shall be and remain in force from January 1, 1997 through December 31, 1997, and from year to year thereafter unless on or before September 1' of any year either party gives notice to the other party of intention to amend or terminate this contract. SIGNED AND SEALED THIS ATTEST: Clerk, City of Otsego ATTEST: Clerk, Cit gers DAY OF 19 . CITY OF OTSEGO Mayor, City of Otsego CITY OF ROGE Ma or, ity of ogers FPCtam C1._rim LiSL APProval MUNICIPAL OF CITY OF, OTSEGO �17La 01/()6/`?7 ";:T"' Ir.`L_ UTILITIES SERVICE TO 12/6 01/06/97 2190 788.66 LE LEASING SYSTEMS �EGfs ..1. 2192 235.00 ----- F O! , MONTH 56 ,172 .67 s " YEAR TO DATE � z 78,209.17 , yz WORM" CLAIM TOTAL. "t0M F AIO4R WHAT +pURP�JE DATA NUMBER CLAIM _^?Otl INC - BEADED STREET, SIGN PLATES':.,,01/06/97 2182 106.20 •i 1►'r�TIOIl� INSTALL:":NEW..PHONE I.N.'Cl. TY A.HALL 01/06%97. 2133 315 .10 4.-F ICI, PPODUCTS OFFICE SUPPLIES 01/06/97 2184 1,45.91 L1dr.} & SUrF'L'( NAMEPLATE FOR COUNCIL 01/06/97 2185 100.86 1:rA DECEMBER SERVICES 01/06/97 2186 1,025.00 _ 'J OFFICE .0 jNOw.. E. CAL `5tMf VXGES 01/06/97 2187 8,331.30 ";:T"' Ir.`L_ UTILITIES SERVICE TO 12/6 01/06/97 2190 788.66 LE LEASING SYSTEMS �EGfs ..1. 2192 235.00 ----- F O! , MONTH 56 ,172 .67 s " YEAR TO DATE � z 78,209.17 , yz WORM" yx ClAlmt list' For. Approval. z For t,h� p' -rind 01/01/97 to 01/06/97 ° AT & T TO WHOM PRID 01/06/97 2158 16.14 k5E � DATE NUMBER CLAIM ' BEST DISPOSAL SERVICEDECEMBER & 'AN1A1Y,;,RECYCLING i !< �s 01/06/97 2152 143.75 3GY;� .3 $Z s' CARL SWENSON PLANNING COMMISSION SERVICE 01/06/97 2164 - w 9 ° LAPLANT SANITATION INC JANUARY RECYCLING 01/06/97 2154 102.'2 ' EAST SIDE LEASING CO. COPIER MONTHLY LEASE PAYMENT 01/06/97 2155 237.92 2 H G J ARLEEN NAGEL PLANNING COMMISSION SERVICE 01/06/97 -' U.S. WEST .COMMUNICATIONS' ."• ,° .:�' 31`El� FiON •� '°,/1 _ 01!06/97 2157 -.: 440.87 • �ell'- 3ACQUZE'itk.- ROGlNEt�.�`} 1 :'X41%t7'&/�#> `217 172. 400.00 �L"iE'lt LONG SONS ` ,pCMt SERV '. ��a:, 01/06/97 2173 628.08 w p,"x WRIGHT COUNTY -Sijrplrvrr 1c,6297 ° AT & T MONTHLY CHARGES 01/06/97 2158 16.14 1 N.wft 01/06/97. 2161'30. s , ° WRIGHT HENNEPIN Cd1p R 'O ` t i !< �s 3 X� 01/06/97 2159 831 .67 a . .f• f..: ,g 'Ag k. 'Fk Y.i.,'f°' .. 3GY;� .3 $Z s' CARL SWENSON PLANNING COMMISSION SERVICE 01/06/97 2164 2 w 190-00 s _. I. •.:, BRUCE 'RA$Et °` Iz `' ` F ' �y p4i4NN Q1 ..�;: _ �,� :01/06/0--2166 150 .00 GENE" BENNE } q,. ky p Nleii gM �v. , , :9 ;f J i F ps - 'YF P-�B f J t S4 ° DUERRS WATERCt� EFVICE<:, 1 N.wft 01/06/97. 2161'30. 15 Z� , STEPHEN CONROY, ATTORNEY NOVEMBER LEGAL. ":SERVICES 01/06/97 2163 330.00 CARL SWENSON PLANNING COMMISSION SERVICE 01/06/97 2164 190.00 w 190-00 s _. I. •.:, BRUCE 'RA$Et °` Iz `' ` F ' �y p4i4NN Q1 ..�;: _ �,� :01/06/0--2166 150 .00 GENE" BENNE } q,. ky p Nleii 07"/06/7: 2167 190.00 + a.. �* ,.. ' ♦ 7 ARLEEN NAGEL PLANNING COMMISSION SERVICE 01/06/97 2169 190.00 is RICHARD NICHOLS PLANNING COMMISSION SERVICE 01/06/97 2170 190.00 06 'S e TNr 550-00 3ACQUZE'itk.- ROGlNEt�.�`} 1 :'X41%t7'&/�#> `217 172. 400.00 �L"iE'lt LONG SONS ` ,pCMt SERV '. ��a:, 01/06/97 2173 628.08 w p,"x WRIGHT COUNTY -Sijrplrvrr 1c,6297 2174 16,060.00 O NORTHERN.AIRGAS DECEMBER SUPPLIES 01/06/97 2175 10.86 " HAKANSON *ANDERSON ASSOC INC NOVEMBER PARK SERVICES 01/06/97 2176 3,325.13 I: HAKANSON ANDERSON�a r ,.n e 2177 10 , 852 .12 y 'A6e•�.i�'Vwt XS '� �e'�Et a�. �x f,�g k.,.�j ��. n" , Claims List for Approval 2 3 MUNICIPAL OF CITY OF OTSEGO �r he periu 01/07/97 tr, _ e CLOIM TOTraL ACCOUNT ACt _Uf"lT 7 e 9 d. TO WHOM PAID RETIREMENT TRUST RETIREMENT WHAT PURP05E PPE 12/28/96 D TE 01/13/97 NUMBER- 2192 423.28 290.00 101--21705-000 101-41100-360 •423.28 290.00 11 1E OF MINNESOTA CITIES CONF. REGISTRATION - NEWLY ELECTED 01/13/97 2193 ,. .. 13 N IA LANTTO, 14RIGFIT CO. RECORDER J RECORDING FEES F J . 011/1311W � 4101-411-00--360 21195 58.50 1,255.00 701-41400-310 10141610- 1190 ` �-`-•C' 1,-,5-00 " 13 DW TRUCKING DECEMBER RECYCLING O1/13/97 2196 _ —J J e 17 MOTOR CREDTT CO -67-4 IC EMPLOYEES RETIREMENT FUND — ASE PAST CONTRIBUTION FOR WM. SCHULZ 01/13/97 G 2198 115.00 268.54 101-41400-121 101-41400-123 115.00 104.25 ,s 19 CIPAL FINANCIAL GROUP JANUARY PREMIUM - 01/13/97 2199 10 1 — 4 5 10 V — — 20 2, 101-41600-123 15.63 u Z3 101-43100-123 — — 88.42 2. zs y 00 101-41570-303 )600.00 26 101-41570-303 2.747.78 27 3 1 3 3 1*03 TpTAI.:YEAR TO DATEg .1 22 •7 5, 5 N SS S 57 .. .. 59 e0 el 62 31 GA 63 K 67 N 70 71 72 73 7• 751 7 ' ��-��% / //i�-t-t�.�-fir '�` �� Q� o� �� 3� v�d ,� �� s�v�� ji% WRIGHT COUNTY DEC 2 3 v� �i2 DEPARTMENT OF HIGHWAYS WAYNHighway Engineer P.E.A. FINGALSON, � Z M Wright County Public Works Building-VIRGII;-G—. 1fAVt K1M 'P-E-" 7 1901 Highway 25 North Assistant Highway Engineer 2 �y Buffalo, Minnesota 55313 882-7387 7 RICHARD E. MARQUETTE 1355 Jct. T.H. 25 and C.R. 138 Right of Way Agent Telephone (612)682-7383 68e-7386 Facsimile (612) 682-7313 December 18, 1996 Otsego Mayor and City Council Otsego City Planning Commission 8899 Nashua Avenue NE Otsego, Minnesota 55330 RE: Rolling Ridge Creek Preliminary Plat Honorable Mayor, City Council, and Planning Commission: We have reviewed the preliminary plat for the above mentioned development dated November 8, 1996, as prepared by Taylor Land Surveying, Inc. The preliminary plat has not been reviewed with respect to drainage, street improvements, and grading internal to the plat, as the City of Otsego should review these aspects for conformance to city standards. We offer the following comments regarding impact to County State Aid Highway 39. 1. An access permit will be required for access to CSAH 39. Requirements for access will be identified in the permit special provisions, which in this case, would include construction of a 12 - foot wide right turn lane on CSAH 39. Specific requirements of turnlane layout and section strength will be identified as part of the access permit provisions. 2. A right-of-way dedication of 55 feet from centerline on CSAH 39 should be shown on the plat. This will accommodate the right turn lane and also leave room for future utilities. This is consistent with the policy in the Wright County Transportation Plan. 3. A preliminary review of the proposed access location indicates that the sight distance will meet the minimum required by the County. 4. Ditch drainage, approach grade, and sideslope requirements for access to CSAH 39 will be addressed as part of the special provisions of the access permit. Equal Opportunity / Affirmative Action Employer Page.. 2 City of Otsego December 18, 1996 We trust that this information is helpful to you. Please call me or Wayne Fingalson, County Engineer, if you have any questions or concerns regarding the above comments. Sincerely, A -44. Virgil G. Hawkins, P.E. Assistant County Engineer pc: Wayne Fingalson, County Engineer Elaine Beatty, City Clerk Larry Koshak, City Engineer File CITY OF OTSEGO PLANNING COMMISSION MEETING of December 18, 1996 1. Chair Swenson will call meting to order: Chair Swenson call the Planning Commission Meeting to order at 8:00 PM. ROLL CALL: Present: Chair, Carl Swenson, Commissioners, Ing Roskaft, Arleen Nagel, Bruce Rask, Richard Nichols, Eugene Goenner, Jim Kolles Staff: Bob Kirmis, City Planner, Jerry Olson, Building Official, Elaine Beatty, City Clerk/Zoning Administrator, Carol A. Olson, Secretary Council Representative, Larry Fournier Councilmembers; Vern Heidner, Suzanne Ackerman Councilmembers Elect; Virginia Wendel, Mark Berning 2. Consideration of the Minutes of December 4, 1996 P.C. Meeting_ Chair Swenson - The minutes of December 4, 1996 will be ready for review and approval at the January 2, 1997 Planning Commission Meeting. 3. Continued Hearing for Barthel Brothers Dairy for site inspection on 12/4/96: James, Paul, and Joseph Barthel, Owners- 11364 80th Street NE, O sego. MN. in inction with Chris Bulow from Bulow, Inc. Developer for PI D# 118-800-244200, )1,244200,261200,134201,2412000241300,24: 1106 for a CUP transfer of proneM huilding rights of one per forty acre subdivisions (Parcels to be deed restricted from any further development until allowed to he rezoned) to a clustered 7 -lot development of PID#118:800-134201, LOCATED IN Sec. 13, TWA 121, R 24. Property is S of Co. Rd. #39 and E of Co. Rd. #19. Request is as follows: A Conditional Use Permit (CUP) to allow the following, 1. CUP to allow transfer of property rights of one per forty - subdivision to allow a 7 -lot clustered subdivision. 2. Preliminary Plat Approval Chair Swenson - The Planning Commission continued the hearing to allow for a site inspection on Saturday December 14, 1996. All the commissioners and Council Representative Larry Fournier attended the inspection. Chair Swenson - any comments resulting from the site inspection: Bruce Rask Concerns: Appearance of spot development Setting a precedent No limit on number of transfers Prefers 80th St. to Co.Rd.39 site Richard Nichols Concerns: Prefers 80th St. to Co.Rd.39 site less impact. 1 PLANNING COMMISSION MEETING of December 18, 1996 cont'd Page 2 Arlene Nagel Concerns: Ing Roskaft Concerns: Jim Kolles Concerns: Prefers 80th St. to Co.Rd.39 site Safety regarding proposed cul-de-sac length Had no problem with Co.Rd.39 site Felt land chosen to be least productive Safety pulling out of development on Co.Rd.39 Prefers 80th St. to Co.Rd.39 site Chair Swenson opened the hearing to the public and asked if anyone wished to be heard. Stewart Turnquist Heard a lot of reasons why there should not be spot 11020 NE 95th St. development and this looks like spot development. I did develop Riverwood, but when I bought that land it was set for 15 homes. I saw it as a good thing making greater sense to the area and bring money into the city. When I look at this and keeping with preserving agriculture I see future complaints. After Chris Bulow is gone with the money, I'm left with neighbors complaining about a farming operation. Dick Paffel - We were told there would be a holding pond to catch run 11722 95th St. off.. I don't see any pond, except drainage that goes directly to the creek. That will raise cain with driveway. It has overflowed about four times, not every year but this will add to the driveway problem. Also concerned with the safety pulling out on Co. Rd. 39. Felt Bruce Rask, Richard Nichols and Jim Kolles covered his concerns. Chris Bulow - The Barthel Bro's farmed for a number of years and lived in the area their whole life. Site was picked because of the least impact and least productive property. Additional length of the cul-de-sac is 90 feet to the end or 60 feet to the center. Land now farmed will go back to wetlands. Safety concerns have been addressed by Wr. Co. An easement for future road will be kept. We met with staff, asked what can we do and came up with this plan. It meets every Ordinance, except for cul-de-sac length, which was a staff recommendation. We drafted a set of plans originally with the 500 ft cul-de-sac. Staff looked at it and didn't like lay out. We lengthened the cul-de-sac and resubmitted the plans. We are trying to work within the guidelines and staff recommendations. We feel that Co. Rd. 39 is the right place for this development. Sewer would potentially be available sooner on Co.Rd.39 then on 80th St. PLANNING COMMISSION MEETING of December 18, 1996 cont'd Page 3 Paul Kolles - Lives near Dick Paffel. He doesn't farm. 12124 NE 95th St. Are you saying if there were eight farmers in that area would it be an issue, but because it only effects one to two farms it's not. My brother lives north of site, what if his children want to farm are you going to take that away from them. You need to get things in priority. Glen Kolles Mr. Bulow will be looking at the river. I will be looking at NE 95th St. the development. Let them have it on 80th Street. Chris Bulow - In regard to the farming expansion in this area, I don't think it should be up to any neighbor to decide. It should be up to the City Ordinances they should be allowed to expand within the city's guidelines, whether it be doubling a herd or splitting off land. If they are doing something controversial let the city handle it. Chair Swenson - If no one else wishes to be heard I will close the Public Hearing and bring the discussion back to the Planning Commission. We have had discussion and it would be nice to have a motion on the table, however if you want to discuss some more that's fine. Bruce Rask stated that some interesting points were brought up. Number one, by the Barthels deed restricting all their property, they will not be allowed to expand anymore. Then it should be on 80th St. Chris Bulow said on Co. Rd.39 this will only effect two farmers. He made the statement that these seven houses are justifiable because sewer is needed in this area. That is not a reason to justify this housing development in my opinion. What we have in the ordinance now is to preserve and maintain septic systems not keep polluting to justify a sewer system. Still feels it is a bad location. Richard Nichols - Agreed with what Bruce Rask. There are two items listed in the ordinance that have latitude for discussion. Having to do with the impact on agriculture and the impact on adjacent properties. Development is coming, it is a fact of life. I do think it is set up because the property is hilly and not as easy to farm, but I don't think it is right for us to set up the potential of that kind of an impact. The project on paper looks good and I don't have a problem with the cul-de-sac, but I don't think the development is in the right place. Eugene Goenner - They pretty much meet all the conditions of the ordinance and follow the criteria to be able to develop, but then I hear about the impact on the neighbors and it gives me some concerns. At the same time the city has declared that agricultural livestock is now a legal non -conformity in the city. The City is giving us mixed messages on how to handle situations like this. It is a difficult issue for me to decide what is best. PLANNING COMMISSION MEETING of December 18, 1996 cont'd Page 4 Larry Fournier asked Larry Koshak if it is possible to do a drainage plan and not effect the wetlands. Larry Koshak - This was addressed in a letter dated December 16, 1996. The plan did not have drainage or stormwater management plan. We do require ponding, there was none. It is inadequate on that part. The impact on the downstream end has not been indicated to us by the developers engineer. That is one issue that remains unagreed upon at this time. I have not recommended approval at this time. Larry Fournier - Do you think these drainage issues can be resolved. Larry Koshak - They can be resolved with some major revisions to the plan. Chair Swenson - The lots that exist near Co.Rd.39 on the north side are in the Long Range Urban Service Area. The seven being proposed are in Agricultural zoning. I feel this makes a significant difference. Eugene Goenner - Regarding the letter from Larry Koshak, I have a question for the developer. Under item number five regarding the drain tile, will there be any attempt to maintain private easements over that tile. Chris Bulow - As far as I am aware I'm not positive there is a draintile, there is a ditch there that runs down to the wetlands. I haven't been informed if there is any drain tile there. I don't believe there is any in that particular area. The average lots are closer to 2 acres, the majority are over two acre There are two one acre lots. We wanted to do five acre lots. The zoning and the ordinance requires us not to make a lot bigger than two acres. Richard Nichols motioned to deny the Conditional Use Permit (CUP). Jim Kolles seconded the motion. Discussion: Chair Swenson asked if Richard wished to add to the motion some rational for making the motion to deny since it appears that the developer has met the specifics of the ordinance. Richard Nichols reiterated that the two conditions of the ordinance regarding the impact on agriculture and neighbors is the rational. Chair Swenson - I think it is well to keep in mind that several members felt that the development would be looked upon more favorably in a different location, mainly the other end. Chair Swenson presented the question. The motion is to deny. All those in favor hold your hands up. Motion passed unanimously to deny the CUP. Elaine Beatty - This will be on the City Council Meeting of January 13, 1997. PLANNING COMMISSION MEETING of December 18, 1996 cont'd Page 5 :I • 121, C L118-500-272200 41 Acres, Sec. 27, • 121, R23. Chair Swenson went over the request and turned the meeting over to Mr. Kirmis. Mr. Kirmis stated that this is a discussion item. The potential applicants are just looking for some feedback in terms of the land use right now. At this point I do not recommend getting into the design specifics of the plan being submitted, but rather the acceptability of the land use which is being proposed. This is somewhat of a unique property involving 120 acres of land. The northern 40 lie within the Urban Service Area and the Southern 80 he within the Long Range Urban Service Area. Development is encouraged within the Immediate Urban Service Area particularly when it constitutes infill. One issue relates to sanitary sewer service. This area was included in the city's preliminary investigation for the possibility of a sanitary sewer service district. Residential hook ups would be promoted, these hook ups are needed to fund a sewer system. Larry Koshak - The staff has put together a sewer service area with Treatment Plan. Basically it would have to be financed by residential development. The availability of these forty's are critical in paying for a treatment facility. These three forty's are critical in this particular area. As development occurs that is when the impact of the cost of the facility would occur on the property, not at the time under agricultural use. Chair Swenson - Are you saying that developing this way now, the impact money will still be required. Larry Koshak - If it were developed with one acre lots at this time I would say eliminate that particular forty or those properties from the potential that the city would have to initiate a sewer plan in the community and serve that particular area. Bob Kirmis - As I said no formal application has been prepared. There are questions regarding sewer study, no official study has been adopted. One course of action could be to defer recommendation until a position is established on sewer. That needs to be known before you endorse a project or turn it down. They are just looking for general feedback as to whether it is worth while to proceed at this point. To accommodate this request we'd need to amend the Immediate Urban Service Area to include the southern fortys. Richard Nichols - I don't know what the legal rights are on the forty that is in the Immediate Urban Service Area, but I am not in favor of extending it into the other eighty until we have some kind of a decision on a sewer and water project. PLANNING COMMISSION MEETING of December 18,19% cont'd Page 6 We don't have a plan, but we all think we need a plan. Wouldn't make sense to put another eighty acres in a projected area for development at this time. Chair Swenson - I feel the same way, it's the wrong time. Ing Roskaft - I don't think we can move on this at all until the question of sewer is finalized. Bruce Rask - It would be a benefit for the developer to wait at this point because if sewer came in they could get three homes per acre. I would encourage them to wait and on the other forty's that are zoned A-1 I would not be in favor of rezoning at this time. Eugene Goenner - How long are we going to put someone on hold and wait for sewer. We can't keep saying someday it is coming, is that five years, ten years, we need input as to how long to aid in my decision. We need to know YES or NO to sewer. Larry Fournier - I can't give you any answers right now, but it is one of the first issues the new City Council will be working on. I feel this discussion is good. Ing Roskaft - Originally we thought we had a working agreement with Elk River regarding sewer and water. We set up a good part of our Comprehensive Plan based on that, then Elk River backed out of furnishing any sewer availability at all. They now have increased their capacity, but we don't know what that means to us. Chair Swenson - The minutes will reflect the discussion. Unless someone has something to add. Richard Nichols - Gene made a good point. We have had discussions about holding projects back because of sewer and water and we are at the point where if we don't get that decision I am not in favor of waiting forever to develop. If they came back in a year from now and asked the same question and we have the same answer about sewer and water, I'd be inclined to go forward with the project. One of the things we need to do with this kind of discussion is send a message to the council is we are looking to them for guidance in the next year. I am not faulting them, it is a difficult task and an important issue. Bruce Rask - The way this was presented, phase one, approximately one year to finish. phase two, phase three, we're talking six years or so. We downsized lot sizes in Mississippi Parkwood because we believed sewer and water would be coming from Elk River. We have continued splitting and building for the last five or six years because we thought we were getting sewer and water pretty soon. Fabian Sadowski - Owner of the land you are talking about. I am getting some mixed reactions here. I have waited 20 to 30 years. I've had neighbors develop all around me. Now I want to retire and sell and they're telling me I can't sell my land. I have met with Elaine Beatty, Larry Koshak, Bob Kirmis, and the developer met with them. PLANNING COMMISSION MEETING of December 18, 1996 cont'd Page 7 I talked with my two neighbors and they do not want sewer and water threw there. All I am asking for is to get this 80 acres rezoned so they can get one acre lots. I'm right in the middle of all that development. They have been building around me for over 25 years. This developer says he will develop if he can get the other acreage to be one acre lots. That is all we are asking for. When is that sewer and water coming, do I have to wait, I think you a penalizing me. A developer will not come and buy unless he can develop. It makes sense for me to sell the whole 120 acres all at one time. My developer is stuck in Lakeville tonight and couldn't get here tonight, but he told me he wants to do the whole thing at one time. Chair Swenson - Went over the applicants request and asked Mr. Kirmis to report. Mr. Kirmis - Richard Kincanon and Mr. Dennis Chuba, on behalf of Heritage Landing Development, are requesting a rezoning of a 65 acre tract of land south of 85th St. and west of Odean Avenue from A-1, Agricultural Rural Service to R-3, Residential Immediate Urban Service. The subject site lies within the Immediate Urban Service Area and in bounded on all sides by platted residential subdivisions. At this time the applicants have only requested rezoning of the property. No subdivision approval has formally been requested nor submitted to the city. The City's Land Use Plan suggests low density use of the property. We feel this fulfills the Comprehensive Plan policy of infill development. Don't see any problems and approval of the request is justified. Chair Swenson - went over the procedure for a public hearing and opened the hearing to the public for comment. Jeaneen Ryther Concerned with 85th St. bearing up under more traffic 14242 85th NE In bad shape as it is now. Concerned with traffic, safety, and speeding. How many lots are being planned. Chair Swenson - If no one else wishes to be heard at this time you will have an opportunity later on in the hearing. We will have the discussion among the Planning Commission members. Larry Fournier asked for the number of lots. Developer answered 41 lots. PLANNING COMMISSION MEETING of December 18, 1996 cont'd Page 8 Mr. Kirmis - The print of the plat has been provided for informational purposes. The decision tonight is in regard to the land use approval of the rezoning. Tonight does not constitute approval of the subdivision plan. I'd rather wait to get into the particulars of the design at such time as the subdivision application is processed. Chair Swenson - gave the public another opportunity to be heard. Virginia Wendel I only have one question. This has two cul-de-sacs and no one has 9357 NE 65thSt. made any comments about that. That they are unsafe, not wide enough, but the Barthel one was turned down immediately, what is he difference? Chair Swenson stated that tonight we are not considering the lay out only the rezoning. When the plat is formally presented those questions will be addressed. Richard Nichols - one comment, the other project was not turned down because of the cul-de- sac. Chair Swenson closed the public hearing. Ing Roskaft motioned to change the zoning from A-1, Agricultural to R-3, Residential Urban Service. Eugene Goenner seconded. All in favor. Motion carried unanimously. Elaine Beatty - This will be on the next City Council Meeting on December 23, 1996, because it is only for rezoning. Mr. Kirmis - These are all draft amendments to the ordinances that the Planning Commission has looked at before and discussed. It was suggested that these amendments be grouped into a single hearing. Elaine Beatty - gave February 5, 1997 for a hearing date as to allow time for noticing. Ing Roskaft motioned to set the date for February 5, 1997. Richard Nichols seconded. All in favor. Motion carried unanimously. PLANNING COMMISSION MEETING of December 18, 1996 cont'd Page 9 Elaine Beatty - The City Council at their last meeting, sent the CUP for John and Cheryle Adams, back to the Planning Commission for re -hearing. I will notice that and have it on the agenda. Larry Fournier - at our last Planning Commission meeting it was asked how many openings for candidates there were. I believe there are two openings. I have received three applications. Also there are some terms that are up and the City Council submit a memo if you wish to be re -appointed. 8. Adiourn• Ing Roskaft motioned to adjourn. Bruce Rask seconded. All in favor. Motion carried unanimously. The Planning Commission Meeting was adjourned at 9:45 PM. Bruce Rask, Secretary Recorded by: Carol A. Olson pc1218%.wps ,5 R I ST ST. ?-, RSTH ST. I I I (Ex. Famstead) II29 Lots Eh.1 cb, I— — 4p- 3-3 Lots h. 2 . � -_ --I I 29 Lot Ph. 3 I I I I A-1' 1 t r R-3 ZONING: I 1 , Min. 10(sire Lo ac. I I Min. I« width ISO (1. I Cul R/W radius 60' . t I 1 Street R/W 60' 1 I Street width 3210-0 1 1 Collector R/W RD' I I I COIIMOr widllu 44' B -B I I 1 Future I« sim 12,000 sr — — — —' - Future 1« width 75' 1 t LAND OWNER: Fabian Sadowski I 15237 NE 95th St. I A-1 Otscgo,MN 55330 1 (41i1-2329) DEVELOPER- Npl Krir»niak 'I Bridgcland Dev. Co. 20141 IccnK Tr. I 4ikcvillc, MN 55:44 ( (795-itxx)) CIVIL FINGINEFR, Peter KmxNc. PIE Terra Engineering, Inc. 6(x)1 Glenwood Avc. Mpls., MN 55422 Lss)• 13L f) I SITE DATA: Site aro - 120 ac. PIOX 119-500-2232:x) Scc. 22 &27 -,Twp. 121; RanW 13 I I CONCEPT PLAN 12/2/96 1-- - -- N i + 1 " = 300' A-1 • z w J z t r R-3 ZONING: I 1 , Min. 10(sire Lo ac. I I Min. I« width ISO (1. I Cul R/W radius 60' . t I 1 Street R/W 60' 1 I Street width 3210-0 1 1 Collector R/W RD' I I I COIIMOr widllu 44' B -B I I 1 Future I« sim 12,000 sr — — — —' - Future 1« width 75' 1 t LAND OWNER: Fabian Sadowski I 15237 NE 95th St. I A-1 Otscgo,MN 55330 1 (41i1-2329) DEVELOPER- Npl Krir»niak 'I Bridgcland Dev. Co. 20141 IccnK Tr. I 4ikcvillc, MN 55:44 ( (795-itxx)) CIVIL FINGINEFR, Peter KmxNc. PIE Terra Engineering, Inc. 6(x)1 Glenwood Avc. Mpls., MN 55422 Lss)• 13L f) I SITE DATA: Site aro - 120 ac. PIOX 119-500-2232:x) Scc. 22 &27 -,Twp. 121; RanW 13 I I CONCEPT PLAN 12/2/96 1-- - -- N i + 1 " = 300' A-1 JAN -13-1997 15:18 NW'^ INC MEMORANDUM TO: FROM: DATE: RE: FILE NO: NAC 612 595 9837 P.02iO4 NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH Otsego Mayor and City Council f.• . Wlj 13 January 1997 Otsego - Lin -Bar PUD 176.02 - 96.21 As part of the processing of the Lin -Bar PUD development proposal, the applicants have inquired as to the possibility of waiving the City's resubdivision plan requirements. The applicants' inquiry relates to a desire to centrally locate large, upscale homes upon one acre lots. Typically, single family residential lots platted within the City measure 150 feet in width. Resultantly, a home is placed on one-half of the lot while the other one-half is reserved for potential resubdivision. As you are aware, the purpose of such resubdivision plan requirement is to provide a protective mechanism to accommodate future sanitary sewer and water service while continuing to allow large lot single family subdivisions. By providing such a mechanism, the City in the event a mandated need arises, is provided a well planned method of accommodating future sewer and water service and associated assessment costs. It is the opinion of our office that the current resubdivision plan requirements should not be waived in this or any other single family residential development. Such position is based on the following: 1. The threat of ground water pollution continues to exist. Providing a mechanism to more effectively deal with future sanitary sewer service is considered responsible planning. 2. The City's adopted Comprehensive Plan specifically encourages platting techniques which accommodate future resubdivision. 5775 WAYZATA BOULEVARD, SUITE 553 ST. LOUIS PARK, MINNESOTA 55416 PHONE 5 1 2-393-9636 FAX 6 1 2-595-9837 JAN-13-1997 15:19 NAC 612 595 9837 P. 03--`04 3. Section 21-6-2.E of the Subdivision Ordinance states that on large lots which are $object to potential replat, the preliminary plat shall indicate a logical way in which the lots could be resubdivided in the future. It is further the opinion of our office that the resubdivision requirement does not necessarily require single family residences to be "off -center" on platted lots or restrict buildable width. To be specifically noted is that the minimum 150 foot lot width requirement imposed in R-3 Zoning Districts Is In fact a minimum. Nothing prevents a developer to expand such width to provide Increased building areas. Also to be noted is that alternatives do exist to the standard resubdivision plans utilized by developers which would allow central placement of homes on lots (see attached Exhibit A). While the addition of °upscale" housing within the City Is certainly desirable, we do not believe home value should be considered a valid reason to compromise what Is considered sound and responsible planning. As such, we do not support the applicants' informal request to waive the City's resubdivision requirements. Should, however, the City Council feel that such resubdivision requirement is not appropriate, we would suggest an amendment to the Comprehensive Plan and Subdivision Ordinance, both of which strongly encourage or require resubdivision plans. A representative of our office will be In attendance at the 13 January City Council meeting to discuss this matter further. PC: Elaine Beatty Andy MacArthur Larry Koshak 2 170 ' d -rd101 y to cq Q Ibg W/vo 'd L£86 S6S Zt9 JN 6t :St L66t-£t-NHl � m m mzCZ m _'�� z -- z oo to v� C) rn� � Q - z z y to cq Q Ibg W/vo 'd L£86 S6S Zt9 JN 6t :St L66t-£t-NHl City of Otsego Engineer's Agenda Items City Council Meeting January 13, 1996 )N OF MAINTENANCE ON TRAFFIC SIGNALS ON COUNTY & STATE Councils request we have investigated the issue of the Maintenance ignals. The City presently has two signals on TH 101 at CSAH 39 Which maintenance responsibilities are mandated. o this packet are 6 (six) pages of information faxed to us by Beverly signal Design Engineer with Mn/DOT on the subject. 1 - Maintenance Participation Policy Reasoning This article attempts to explain the cost sharing on the signals. Where signals are placed in an intersection with County Roads the County is the local agent. In actuality the Counties has passed the Maintenance responsibility on to Cities and Townships by establishing policies as shown on Pages 4 & 5. 2 - Typical cost for power on a Signal In all cases the local agency must pay the power costs for the signal. These costs will vary on type of signal and the cost per KWH. e 3 - Mn/DOT Directory for signals and lighting Department Bev Farraher is our contact person. e 4 & 5 Construction Cost & Maintenance Cost Policy in the Eight Metro County Area As you will note Wright County's policy is not much different than the other counties who have passed the Maintenance cost on to the Cities. Apparently this is common policy throughout the State for Counties to pass this cost off. am Page 6 - List of Contractors who are interested in the Maintenance Work This list from Mn/DOT shows area contractors who have expressed interest to the State in performing maintenance on signals. Cities could contract with these contractors and any others for that service. The list of Minor Maintenance items to be assumed by the City in Wright County are: 1. Relamp 6. Paint luminary mast arm ext. 2. Cleaning 7. Luminary Relamp and clean 3. Painting 8. Luminary Replacement 4. Power Connect Fee 9. Luminary Monthly Power 5. Monthly Power Costs The recommendation of Mn/DOT and the County is that the City of Otsego have firm agreements with contractor(s) for all of these above services. The contractors can be Mn/DOT itself, Power Utilities (Elk River & Wright Hennepin Power), and/or a private contractor. Also be aware that the cost of maintenance for the signal at CSAH36 and TH 101 will be shared with City of St. Michael upon completion of TH 101 . (REFER TO 7.1) 62ND ST. NE MAINTENANCE ISSUES ANY OTHER ENGINEERING BUSINESS agenda1.13 Item 8.1 10-1494 Maintenance Participation Policy Reasoning The Department of Transportation cost participation and maintenance policy states that the Department shall while responsible for the major maintenance of the signal gtreet(tem hall be the local agency(ies) responsible for e and ower costs (both responsible for the minor maintenance Ma -or maintenance includes equipment, labor, materials, connection and monthly Costs).Major overhead to maintain and replace overhead and underground equipment which would include the controller, cabinet, loop detectors, conductors, interconnect cable, poles, heads, and pedestals as necessary. Minor maintenance includes the labor, equipment, and materials for painting the signal system as appropriate, replacing luminaires as necessary, relamping the signal heads and luminaires when needed and cleaning the signal system components as appropriate. The intent of the Department's policy is to distribute equally ongoing costs of the s the ignal system betweenagencies the involved. While the signal system will operated erated b responsibility Department of Transportation, the local agency's for the minor maintenance and power costs indicates their ongoing commitment to the signal system itself. Some costs from recent years which display the cost Split ercentages associated with this policy are as follows: mato maintenance for Department signal systems is approximately $1,700 per signal system per year, minor maintenance for typical intersections is approximately $300 per signal system per year, and power costs (excluding connection charges which vary) are approximately $1,300 per signal system per year. These typical costs show that the costs would be shared approximately equally by the Department and the local agency(ies). 1 h -d 11.214W Red Vehicle Signal (300 mm Ball and Arrow) Indications incandescent (INC) and Light Emitting Diode (LED) Fact Sheet Assumotlons: • Yellow and green vehicle indications shall continue to use current incandescent technology until new technology has been tested and cost, maintenance, operation and power consumption issues information re resolved. consists of 1 2 red ball, • The typical intersection used to compile this yellow ball, green ball indications and 4 red arrow, yellow arrow, and green arrow indications. (This assumes protected left turn operation for the mainline and single phase cross street phasing.) Power Consumption: (Cost of Power Assumed to be 50.0663/KWH) Total Annual Power Cost = $1371.36 Typical Intersection - Incandescont Indications Typical Intersection - LED and )ncandeucant Indications 300 mm 3alls and Arrows Yellow (INC) Green (INC) Power Find (INC) Power Wattagc Duty Cycle Annual KWH � Annual Cost 69 150 Wattage 150 Yellow ZINC) 69 3% 19.11 51.20 Green (INC) 150 7% 486.2 832.23 3% 37% Duty Cycle 80% 18.1 486.2 Annual KWH 788.4 $1.20 $32.24 i Annual Cost $52.27. Total Annual Power Cost = $1371.36 Total Annual Power Cost = $637.32 - continued on reverse side - 2 Typical Intersection - LED and )ncandeucant Indications 300 mm Balls 300 mm Arrows Power Wattagc Duty Cycle Annual KWH � Annual Cost Red ILED) 20 60% 105.1 56.97 Yellow (INC) 69 3°6 18.1 51.20 Green (INC) 150 27116 486.2 332.23 Red (LEO) 9 90% 71.0 44.70 Yellow ZINC) 69 3% 19.11 51.20 Green (INC) 150 7% 486.2 832.23 Total Annual Power Cost = $637.32 - continued on reverse side - 2 MN / DO METRO DIVISION SIGNALS AND LIGHTING EASY REFERENCE GUIDE TYPICAL ISSUES AND QUESTIONS WHO TO CALL — 'L1GHTlAfG OCTOBER 4, 1996 DESIGN/PLAN PREPARATION PERMANENT-------------------------------------- SUE LODAHL 582-1095 PAGER 640-0610 EAST METRO--------------------------------- MART HOLZEMER 582-1096 WEST METRO--------------------------------- DAVE SCOTT 582-1097 TEMPORARY ---------------------------------------GREG BRANDT 797-3128 MOBILE 670-0531 PAGER 880-0281 MAINTENANCE/MALFUNCTIONS-------- ESS 7,00AM-4,00PM M -F 725-2310 AFTER HOURS 582-1550 (METRO DISPATCH) SIGNALS DESIGN/PLAN PREPARATION BEY FARRAHER 779-5192/797-3133 BY MN/OOT FORCES ----------------------------- OR TECHNICIAN ON JOB CONSULTANT DESIGNED OR CITY/COUNTY DESIGNED ------------••---------- LYNNETTE ROSHELL 797.3140 PROJECTS LET/STAKING/INSPECTION CONSTRUCTION LIAISON ------------------------- TONY WINIECKI 797-3134/779-5186 PAGER 880-3875 HOWARD LEE 779-5171 MOBILE 802-1775 PAGER 579-9139 DAN LOWE 797-3198 MOBILE 802-1784 PAGER 880-6708 OPERATIONS --•-- - -------'TONY WINIECKI 797-3134/779-5106 PAGER 880-3875 (EAST) 808 BETTS 779-5189 PAGER 880-9024 (WEST) DALE BURFEINO 797-3137 MOBILE 817-8220 PAGER 660-8553 MAINTENANCE/MALFUNCTIONS---------Ess 7100AM-4iCOPM M -F 725-2310 AFTER HOURS 582-1550 (METRO DISPATCH) RAMP AWETERING i TRAFFIC VANAGEMENT CENTER (TAX) PATTY BEONARZ 341-7276 PAGER 640-6815 DESIGN /PLAN PREPARATION -----------JERRY CHRISTENSEN 341-7296 OPERATIONS -------------------------------------- JOHN BIENIEK 341-7324 JOHN HEIBEL 341-7265 CONTROL ROOM 341-7249 MAINTENANCE/MALFUNCT IONS--------- ESS - ROY CHRISTIANSON 341-7271 AFTER HOURS PAGER 650-1269 GENERAL ADDRESS AND TELEPHONE INFORMATION LOCATIONS MAILING 0DRESSES RECEPTIONIST/ MAIN FAX # TRAFFIC FAX # ADMINISTRATION OAKDALE I GOLDEN VALLEY I WATERS EDGE I ARDEN HILLS 3485 HADLEY 2055 NORTH AVE. NORTH LILAC DRIVE OAKDALE, MN GOLDEN VALLEY. MN 55128 55422 779-5000 797-3000 779-5170 797-3181 779-5258 797-3152 FAX # (OFFICE OF AL PINT) 1500 WEST COUNTY RD. B2 ROSEVILLE, MN 55113-3105 582-1000 582-1131 582-1033 582-1302 1900 WEST COUNTY RD.I SHOREVIEW. MN 55126 297-4429 628-6931 T. M. C. 1101 4TH AVE. SO MINNEAPOLIS. MN 55404 341-7500 341-7239 General Truck Highway and County Road Signal System Construction Cost and Maintenance Guide Mn/DOT Metro Division NOTES: • The contents of this chart are based on past practice and known county policy. Please contact Ms. Beverly Farraher at 779-5192 with any corrections or suggestions for chart improvements. Basic cost participation and maintenance responsibilities are established by Department of Transportation policy. This is a preliminary pl anni fig /design guideline which assumes a TH/County Road or C.S,A.H. intersection. Individual county policy or state aid participation may vary, ASSUMPTIONS: • Installation/revision is warranted and approved by both agencies. • The DOT operates and provides major maintenance for the signal system, including EVP, street lights, and any LED indications (for the duration for the warranty period). 9 The DOT assumes the pole and mast arm signing maintenance. 0 The DOT assumes responsibility for all systems installed for the purpose of traffic staging for DOT programmed and administered projects. SIGNAL SYSTEMS LUTAINA1RES CONSTRUCTION COSTS County Cort Part. Now Cort Pari Rsvlsa EVP Install Ralamp CJaan Pahl Power Connect fee A4omMy Hour*( Coate Lsum. Pakt1 Mart Amt Lum. Relsmp. Lum.� Rap t y Coirtact Spnal Syatsm (may or flaconatruct Ertl. land Chanl Pow*( IcMck mala aid wry with sUp aid Stinal System participation and vNibllity) policy I locals locals locals locale l0c64 kmlr locals locals locals DoIlgn�AA it va Enghmi Harknoon local pays 50% of H "1 put. In county polauvit Iras county policy) county rasp. • tea origloal• county part. In lull Departniont of Pu61k Works policy pays 100% of 320 Washington Ave. S. resp. hopUns, MN 663438468 9302623 fax M2513 county pays 100% county pays locals pay county county county county cou ly caxKy county oounty, courtly County Traffic Englrw*( AM. Dan Sobs Ramsay y ("a county polkyl of reap. 100% of lisp. d of part. 3377 N. fiica Street Shorovisw, WA 66128 4823209 tax 4826212 Washington county pays 100% county pays locate pay county county county local& locals county locals locals locals Courrty Traffic Eroinwr Wk. Sandra Cullen la«county poky) of nap. 100% of rs& p all of part. 11860 Mysrun Rd. N. SWlwator, AMI 66082 4304330 las 430-4360 Version: October 16, 1996 EVP kutll Plalet w Clean Paw Power wrct Power Pay Palm Lum. FWIKW Replace raw*( Pay Contact County Coal New Cod . lien. Lum. &vitsfRecon. locals pay 60% of locate pay 60% 01 fade pay county oourAy ay county eplN spill bctls locale locale locale county Traffic Ergkrer Nk. PuN Sorenson Dakota 1►aa county polbyl county county sA of p between county end lootwoon county and 14866 0olaxis Ave., 3rd Poor raaponslbikfy roaponrlbilky, locals keels Apple Valley, MN 65114 (1579 591.7101 tax 8917031 county pays 100% county pays no formal locals locale locale locale locale locals locale lord Is locale i kir, or Outtolwn Carver Is" county policy) of nap. 100% of rasp policy BW E. 4th St. Chaska, MN 66337-3817 3111-1016 lex 3811015 countypays tW% county pays county locals locals locals locals locals locals locals locals locale Couty neFinerart. �k. Wgrw Fkioaleon rWNnght nty policYl of nap. 100% of rasp. P h lull 1901 Hwy. 26 North Buffalo, MN 66313 681-7308 fax 661-7313 loci$ pay locals loctle locals locals locals locals locals locals locals County Emkteu Scott county pays 100% county Pays W. IkW Larson less wun" Pokyl of mop. 1 W% of mop. e4 of part. tial Country Dell fad Jaden, MN 66361.8331 4968346 ext-346 tax 1968365 N locals part. in locals ply county county county locslt locals locals iocala beak locale Coolly Enokwt Mr. Jun awn Araks lots$ may ply �P (us coumy pobcyi to 50% of county original, county all of put' 1440 Borneo Lilt+ Bled. NW nap. pays IW% of Anoka, MN 66303 m sp. 1643620 lax 754-3532 Version: October 16, 1996 12 -IS -95 Contractors Interested in Maintenance Contracts for Cleaning and Relamping Signal Systems Mr. Daniel E. Balling Project Manager Egan -McKay Electrical Contractors, Inc. 7100 Medicine Lake Road Minneapolis, MN 55427 544-4131 Mr. Robert Gorg Project Manager colliSys Collins Electrical Systems, Inc. 4990 North Highway 169 New Hope, MN 55428-4026 535-6000 Mr. Leonard Deeg Director of Field Services Collins Electrical Construction Co. 278 State St. St. Paul, MN 55107 224-2833 Mr. Don Franz Killmer Electric Co., Inc. 9702 -85th Ave. No. Maple Grove, MN 55369-1594 425-2525 Mr. Terry Fountain Peoples Electrical Contractors 227 East Fillmore Avenue St. Paul, MN 55107 227-7711 - Mr. Doug Bischofs Design Electric Inc. P.O. Box 1252 St- Cloud, MN 56302 612-252-4276 Mr, Tom McKay Project Manager Polyphase Electric, Inc. 2325 Endicott Street St. Paul, MN 55114 612-644-9614 Please refer to your local telephone directory for other available contractors. G DEPARTMENT: PREPARED BY: MEETING DATE 9.COUNCIL ITEMS: Elaine Beatty,CITY CLERK January 13,1997-6:30PM ITEM NUMBER: ITEM Dh;6Ukt IeTIUN : 9.4. Discussion of property owned by the -City of Otsego on 80TH ST NE (See letter from Mark Berning PID #118-800-251101, Sec 25, R24) BACKGROUND: New Council Member, Mark Berning asked me to add this item to the Agenda. (See letter attached from Mark). I have also attached a map of this property to show you where it is. This is for discussion by the Council. The City did take this property over under the tax forfeiture, the City always has the first option on it, because they are owed the back taxes. The condition of accepting the property is that the City use it for public use only or park land etc. Mark Berning wants to be up -front on this as a new Council Member. STAFF RECOMMENDATION: Council discuss this issue and Staff feels that as long as there is not a need at this time for a park here it is better to have it maintained by someone. One issue that has not been addressed on this property is there is a- well that has not been abandoned: Perhaps we should discuss and -solve this problem as it is a City liability. Thank you, Elaine nuar y i . 199- T:) Otsego Co L:ncil: in 1979 a house burnt to the ground on 50th St. The 2 1/2 acre property- was abandoned by tl:e owners and became a dumpingground for People. In 1950 neighbors Collin Ruch and Waiter Berning & Sons Inc. decided to care for the property. Collin Ruch began mowing the road frontage and storing pre—split wood next to his yard. Walter Berning Sons Inc. began farminu appporimately 1 to 1 1/2 acres in the rear of the lot. 50th parties Tried to purchase the property at one time. In 1991 or 1992 the city of Otsego claimed the ro ertytiu�e before it reached the tar forfeiture auction. A Walter Berning & Sons Inc. asked the council,"What is your intent for the��propertC' The council responed,"It is for a future park. Neighbors of the property then wanted to know who would do the upkeep of the property? The council verbally decided to allow the current careworkers to continue the up keep of the property and give them sufficient notice when the city found a use for the land because: 1) It would cost the city- more to maintain it and 2) The neighbors were keeping it up and getting a little use out of the land and 3 I� was no longer a Tandfill. This situation poses as a possible conflict because I, Mark Berning, am a part owner of Walter Bernina & Sons Inc. I am asking the council to do one of two things: 11 Have a motion to continue allowing Collin Ruch and Walter erning & Sons Inc. to continue maintaining the property and be properly notified when the city wishes to convert its use or _) Have the city start maintaining the 2 1/2 acre property. The above party's only interest is that it does not become a dumping ground like it was at one time. ThWrB ou. , erning N25 NORTH LEGEND PROPERTY IDENTIFICATION NUMBER ® PUT NUMBER /059 & r„+ ADDRESS MAP O P.I.D. 1037310 V %rl ^ *+ ....,,.,R s ADDRESS -LA ST 2 3083-30CITY OF OTSEGO, WRIGHT COUNTY 4ty4n-� nli X17-�fl-0yTp 1'.400' gG1T5 OF ZIP CODE PREPARED BY: LYNN HARTLEY 5/91 SHEET DEPARTMENT: PREPARED BY: MEETING DATE 9.COUNCIi IVES: `_aine Beat�y,CITY CLER� a -_nary 13, 1997-6.331PY ITEM NUMBER: ITEM DESCRIPTION: 9.5. SET WORKSHOP DATES: a. Workshop for Sewer and Water and Comprehensive Plan 'Tactics Study (Jan. 21st, 1997 - 6:30PNI) b. Workshop/Informational Meeting for Council/Boards & Commissions c. Workshop for Re -organization discussion (Employees) BACKGROUND: a. Self explanatory (This was held up for the new Council to work on these issues) Dave Licht has a heavy schedule and this date is to accommodate having him at this workshop. b. This is on the Agenda as a date to meet with all the Boards and Commissions and give them information as to their jobs and responsibilities and be able to show them some of the training videos we have (Open meeting law and Roberts Rules of Order). A time for the Council and professional and City Staff to be able to meet with them all together and give any direction. c. This is a Workshop to talk about re -organization of City and employee issues. STAFF RECOMtiIENDATION: Set the Sewer and Water and Comp. Plan Tactics Workshop for Jan 21; 1997 at 6:30PM. Set dates for b. and c. that meet the schedules of all Council and Staff Members involved. Thank you, Elaine DEPARTMENT: MEETING DATE 7.ANDY MAC ARTHUR, CITY ATTORNEY CITY CLERK January 13,1997-6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED MEMO: Elaine Beatty, CC/ZA 7.1. Discussion of maintenance of privately owned streets -(62ND ST NE) BACKGROUND: As a lot of you know, the Council voted to discontinue snowplowing of private driveways in the City of Otsego as of January 1, 1997 and a notice was sent to the people who have been receiving and paying for this service. We now have a conflict with a neighbor of 62ND ST NE who says that this is a driveway and should not be plowed by the City. (The City has been plowing this street and has continued after the first of January). The addressed of the people on this street is 62ND ST NE. We show it on our maps as 62ND- ST NE, which is in our grid system. The street is a privately- owned street with each of the seven people on the street having a portion of the private easement and a 14' easement along the south side -of the street being held by the -owner of the -farm at the East end of the -street. The - City has -plowed this -street -for the 10 years -I have been at -the -city and I don't know how much longer than that. The -set fee -for snowplowingis split among the seven residents on the street. The -original motion was for -private driveways. This is clearly a street and the only non --conforming street of this type in the City (we have a number of non -conforming driveways). The issue needs to be discussed by the Council to determine how to handle. There is possibly a safety issue on this street for fire and emergency vehicle. Andy MacArthur, City Attorney will be present to discuss this further. STAFF RECOMMENDATION: Council discuss this issue and decide how to handle. (See information from Andy MacArthur on this item) Thank you, Elaine William S. Radzwill Andrew J. MacArthur Michael C. Court Megan M. McDonald January 8, 1997 RADZWILL & CO URI Attorneys at Law 705 Central Avenue East PO Boz 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: 62nd Street N.E. Dear Council Members: I have been asked to comment upon the status of 62nd Street N.E. and the issue of maintenance of that roadway. I have reviewed various maps and documents, but have not exhaustively analyzed the matter. Preliminarily, I have come across the following; 1. It appears that the road was designated as 62nd street on the County Surveyors half sections dated back to 1974. 2. At this time there is a street sign designating it as 62nd Street and the houses on the roadway are addressed on 62nd street. 3. The current City maps indicate that it is designated as 62nd Street. 4. According to the City Engineer, it was not designated and recorded as a town road when the City (then township) recorded town roads. 5. From documents reviewed, it appears that a one rod dedication of an easement for roadway purposes was made between the owners of the various properties fronting on the road. 6. At this time no other document has been located dedicating any portion of the roadway to the public. 7. The roadway has been maintained by the City for a period of time Letter to Otsego City Council January 8, 1997 Page -2 and those living along the roadway have paid for at least some of the maintenance through direct billing. 8. The road does not meet current City road specifications. 9. The City has recently adopted a policy under which they will no longer plow or maintain private driveways. The initial question is whether or not this is a public or private roadway. Based upon the documents reviewed it appears that it is a private roadway. The city ordinances contain no definition of driveway or private road. Minn. Stat. 160. 05, Subd. 1 states, "When any road or portion of a road has been used and kept in repair and worked for at least six years continuously as a public highway by a road authority, it shall be deemed dedicated to the public to the width of the actual use and be and remain, until lawfully vacated, a public highway whether it has ever been established as a public highway or not." However, the case law interpreting that statute indicates that the factors involved in evaluating whether or not a road is public or private are use by the public (which can be very minimal), and maintenance at the expense of the road authority. Town of Belle Prairie v. Kliber, 448 NW2d 375, 379 (Minn. App. 1989) and Shinneman v Arago Township, 288 NW2d 239, 242 (Minn. 1980). Based upon this preliminary analysis, it is unclear whether this roadway can be properly designated as a public road or a private road. If maintenance is to continue on this road it should only be done so under a written agreement which includes provisions to indemnify and hold harmless the City. In my opinion, it is not good policy to have the City plowing private roads, but the Council should be aware that potential liability exists no matter what action the Council takes in this matter. I will be available to answer any questions you might have regarding this issue at the City Council meeting on Monday, January 13. VeryNjj.a7cAr , A d hur RADZRI Letter to Otsego City Council January 8, 1997 Page. .3 Encls. cc: Larry Koshak, Hakanson Anderson Bob Kirmis, NAC § 160.04 Note 5 HIGHWAYS; ROADS to § 117.01 et seq. Op. Atty.Gen., 817—N, additional right of way for roads estab- Sept. 5. 1946. lished by town and county boards could Proceedings pursuant to former § 160.02 have been taken under § 117.01 et seq. Op. (see, now, this section) to condemn land for Atty.Gen.1922. No. 393, p. 293. 160.041. Repealed by Laws 1959, c. 500, art. 6. § 13 Historical Note This section related to railroad bridges over public highways. See, now. § 165.03. 160.05. Dedication of roads Subdivision 1. Six years. When any road or portion of a road has been used and kept in repair and worked for at least six years continu- ously as a public highway by a road authority, it shall be deemed dedicated to the public to the width of the actual use and be and remain, until lawfully vacated, a public highway whether it has ever been established as a public highway or not. Nothing contained in this subdivision shall impair the right, title, or interest of the water depart- ment of any city of the first class secured under Special Laws 1885, chapter 110. This subdivision shall apply to roads and streets except platted streets within cities. Subd. 2. Roads on and parallel to railroad right-of-way. The con- tinued use of any road by the public upon and parallel to the right-of-way of any railway company shall not constitute such a road a legal highway or a charge upon the town in which the same is situated, and no right shall accrue to the public or any individual by such use. Laws 1959, c. 500, art. 1, § 5. Amended by Laws 1973, c. 123, art. 5, § 7; Laws 1982, c. 424, § 40; Laws 1984. c. 562, § 5. Historical Note Derivation: Minn.St.1957, §§ 160.121. 160.131. Laws 1957, c. 943, §§ 13. 14. Minn.St.1953, §§ 160.19, 160.20. Laws 1949, c. 566, § 1. Laws 1949, c. 158. § 1. St.1927, §§ 2590, 2591. Gen.St.1923, §§ 2590. 2591. Laws 1921, c. 323, §§ 50, 51. Gen.St.1913, §§ 2563, 2564. Laws 1913, c. 235, §§ 76, 77. Rev.Laws 1905. §§ 1197, 1198. Gen.St.1894, §§ 1832, 1880. Laws 1891, c. 21, § 1. Laws 1879, c. 51, § 2. Gen.St.1878, c. 13, § 47. Laws 1877, c. 50, § 1. The 1973 amendatory act was a general authority permitting the consolidation of the terms "villages" and "boroughs" into 14 the term "cities" or the substitution of the term "statutory cities" for "villages" and/or "boroughs." The 1982 amendatory act was a Revisor's Bill correcting erroneous, ambiguous, omit- ted and obsolete references and text, elimi- nating certain redundant, conflicting and superseded provisions. The amendment re- vised subd. 1 which formerly read: "When any road or portion thereof shall have been used and kept in repair and worked for at least six years continuously as a public highway, the same shall be deemed dedicated to the public to the width of two rods on each side of the center line thereof and be and remain, until lawfully vacated, a public highway whether the same has ever been established as a public CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE ANDY MAC ARTN7.JR Elaine Beatty ,January 13, 1997 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: ES,CC 7.3. Any other Legal Business BACKGROUND: The proposed Ordinance for Fire Charges was addressed at the Council. The City Attorney was asked to review the Ordinance and comment. See attached information. Andy will be here to answer any questions. STAFF RECOMMENDATION: This is a Council Decision. The Staff recommended approval of this Ordinance. Thank you, Elaine William S. Rad --will Andrew J. MacArthur Michael C. Couri Megan M.. McDonald January 9, 1997 RADZWILL & COURI Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) City Council Members City of Otsego c/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 RE: Proposed Ordinance— Fire Charges Dear Council Members: At the request of the Council I have reviewed the proposed ordinance for fire service charges and find it to be acceptable with the following changes which make it applicable to all jurisdictions. I have enclosed a final draft for passage at the January 13 Council meeting. very truly yours, ew. .;MacAthur RADZWIt" COURI Encl. CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. CITY OF OTSEGO ORDINANCE PERTAINING TO DEFECTIVE OR MALFUNCTIONING EMERGENCY ALARM SYSTEMS WITHIN THE CITY OF OTSEGO. The City Council of the City of Otsego ordains as follows: Section 1. Any false alarm call to an individual, or business that, in the opinion of Fire Chief having jurisdiction over the area, 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. Section 2. 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. ADOPTED this day of January, 1997. IN FAVOR: OPPOSED: CITY OF OTSEGO Larry Fournier, Mayor Elaine Beatty, City Clerk