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02-24-97 CCIt is my opinion that the engineering firms of Hakanson Anderson and Bonestroo Rosene Anderlik, Associates would be putting their best foot forward (like Paul from the bonding company) and provide these engineering reports to the city at no charge. I find it interesting that engineering firms [ Hakanson Anderson/ Booestroo ) find it necessary to bill for these reports, when they have so much to gain by getting this project approved. (S22,700 vs $1,200,000) " Cost of doing business " " Question is : do these engineering firms really want Otsego's business. ** It is clear to me that Paul from the bonding company wants Otsego's business. Although I feel that it would be of the best interest of the engineering companies to supply this information to the city at no cost. I do understand that we all like to get paid, especially not knowing if the city will commit to the project. So I suggest the following two options: Reports = Bonestroo $7,700 Hakanson $15,000 Be paid for by the city ecides to proceed with project (Future date]? 0-2 Project Ends Option 1. Both engineering firms Hakanson & Bonestroo Refund the city the report fees collected out of the overall project fee they collect for the project. Example: (20%* Project cost] - [Report fees] 91.2 million - $22,700 Option 2. Since the reports are paid for by the city, the reports should be considered city property. Engineering should be put out for bid with other qualified firms. This is the 90's. I am not sure if 20% project fee is the best rate for the city. City has the most to gain from this option. Example: 20% of $6 million = S 1.2 million 18% of $6 million = S 1. 08 million 2% of S6 million = S120,000 Sheet1 j Otsego SewerlWater Projected Engineering Costs ■ Reports ■Total Project 20°k Reports $ 50,000.00 Total Project 200/6 $ 1,200,000.00 I figure the cost of the mechanical sewer plant and water to be greater then $ 6 million. 20% of $ 6 million is $1,200,000, for just engineering fees. It is my opinion that the reports being discussed will be utilized as a basis for the overall engineering project, should the city commit to the project. Page 1 CITY OF OTSEGO ULh'I r'ux UUUINUtL At. 1 ivly AGENDA SECTION: DEPARTMENT: MEETING DATE 6. Bob Kirmis, Asst. City Planner FEBRUARY 24,1997 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: pi<EL-AFhai til: ES,cu 6.1. Barthel Bros. Dairy/Chris Bulow - Cond. Use Permit to allow the following: 1. Cond. Use Permit to allow transfer of property rights of one per forty subdivisions to allow a 7 -lot clustered subdivision 2. Variance for cul -du -sac length 3. Preliminary plat approval BACKGROUND: NOTE: You have the P.C. Minutes from 2/19/97 P.C. Packet As you know, this request was originally heard at the Planning Commission and was sent on to the Council with the Recommendation to deny (unanimously). The Council, at the advice of the City Attorney, returned this request to the Planning Commission to re -hear it to be able to create more of a findings of fact to deny if that was their intent. The Planning Commission re -heard this request at the Planning Commission Meeting of February 5, 1997. After Re -Hearing, the following motion was made: Richard Nichols - Having heard testimony and reviewed all the written materials, including the letter from the City Attorney, under those conditions, I motion to approve the request for the Conditional Use Permit to allow the one per forty of transfer of development rights. Ing Roskaft seconded. Richard Nichols, Ing Roskaft, Carl Swenson and Arleen Nagel voted in favor. Bruce Rask, Jim Kolles, Eugene Goenner opposed. Motion carried four to three (4 to 3), Hence, the P.C. Recommends Approval on a split vote. Preliminary plat approval and variance was approved unanimously. (Findings Attached) STAFF RECOWENDATION: Staff Recommendation is approve the following: 1 CUP to allow transfer of propeM rights of one per forty subdivision to allow a 7 -lot clustered subdivision. 2 Preliminary Plat Approval 3 Variance to allow a cul-de-sac to exceed 500 feet in lenglh. Thank you, e74��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 24 February 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 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 21-10-4.A 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: a. That there are special circumstances or highly unique conditions affecting the property such that the strict application of the provisions of the Subdivision Ordinance would deprive the applicant of the reasonable use of his land. The existence of a drainageway near the central portion of the property establishes that a cul-de-sac length in excess of 500 feet is necessary to access the southern portion of the property and provide reasonably sized building pads. b. That the granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which property is situated. The granting of the variance shall not be detrimental to the public health, safety and welfare to property in the area. C. That the granting of the variance will not increase the flood hazard or flood damage potential. The granting of the variance shall not increase the flood hazard or flood damage potential to the subject site or other surrounding properties. d. That the use proposed by the applicant would not result in a stage increase violating the requirements of Minnesota Statutes, Chapters 104 and 105, as such chapters may be amended or replaced from time to time, and any applicable requirements imposed by the Federal Emergency Management Agency. Approval of the requested variance shall not result in a violation of the requirements of Minnesota Statutes Chapters 104 and 105. e. That the variance is to correct inequities resulting from an extreme physical hardship such as topography. Approval of the variance is necessary to allow the subject to be put to reasonable use and responds to development limitations established by the site's contained drainageway. f. Hardships relating to economic difficulties shall not be considered for the purpose of granting a variance. Granting of the hardship is not a result of economic hardship. 2 1 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 and memorandum dated 23 December 1997, 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 based upon various findings. Because approval of such conditional use permit is necessary to consider the requested variance, the Planning Commission resultantly recommended that the Otsego City Council deny the variance request. 9. On 13 January 1997, the Otsego City Council met at its regularly scheduled meeting to consider the variance application of Barthel Brothers Dairy. Having received the recommendation of the Planning Commission for conditional use permit (and resultant variance) denial, the City Council directed the Planning Commission to hold another public hearing at which the public record and basis for such recommendation may be expanded and further justified. 10. On 5 February 1997, the Otsego Planning Commission conducted a public hearing to consider the conditional use permit (and variance) applications preceded by published and mailed notice. Upon review of the variance application and the evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council approve the variance. 3 DECISION Based on the foregoing considerations, and the applicable City Ordinances, the applicant's request for variance from the City's cul-de-sac length requirement is approved in its present form, subject to the fulfillment of the following condition: 1. Final plat approval of the Rolling Ridge Creek Subdivision. ADOPTED by the Otsego City Council this 24th day of February 1997 CITY OF OTSEGO By: Larry Fournier, Mayor ATTEST: By: Elaine Beatty, City Clerk/Zoning Administrator LEGAL DESCRIPTION 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 24 February 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: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. The resulting "one per forty" density which shall result from the proposed density transfer is consistent with the provisions of the City's Comprehensive Plan as the loss of productive agricultural land will not result. b. The proposed use's compatibility with present and future land uses of the area. Land uses in this area primarily consist of agricultural activities on large parcels of land, usually containing single family homes. The proposal to cluster seven available development rights upon marginal farm land is compatible with the surrounding land uses and also protects large, contiguous farming activities in the area. C. The proposed use conforms with all performance standards contained herein (i.e.,' parking, loading, noise, etc.). As a condition of pending subdivision approval, all applicable performance standards shall be upheld. d. The proposed use's effect on the area in which it is proposed. The proposal is not anticipated to adversely affect the neighborhood. The proposed use and density is compatible with the surrounding area. e. The proposed use's impact upon the property values of the area in which it is proposed. While a detailed analysis has not been conducted, similar situations have demonstrated no negative impact upon area property values. In fact, the construction of seven new homes in the area may increase surrounding property values. 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. 2 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 and memorandum dated 23 December 1996 prepared by Northwest Associated Consultants, Inc., are 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. 7. On 13 January 1997, the Otsego City Council met at its regularly scheduled meeting to consider the conditional use permit application of Barthel Brothers Dairy. Having received the recommendation of the Planning Commission for conditional use permit denial, the City Council directed the Planning Commission to hold another public hearing at which the public record and basis for such recommendation may be expanded and further justified. 8. On 5 February 1997, 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 and new evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council approve (on a split vote) 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: The properties involved in the development rights transfer are under the same ownership. 3 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 24th day of February 1997. ATTEST: M CITY OF OTSEGO M Larry Fournier, Mayor Elaine Beatty, City Clerk/Zoning Administrator 4 LEGAL DESCRIPTION . SOURCE(S) OF DENSITY TRANSFER To be added EXHIBIT A LEGAL DESCRIPTION . RECIPIENT OF DENSITY TRANSFER To be added EXHIBIT B CITE' OF OTSEGO REOUEST FOR COUNCIL ACTION AGENDA SECTIOY: DEPARTMENT: MEETING DATE I 6. Bob Kirmis, Asst. City Planner FEBRUARY 24,1997 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 6.2. Don and Phyllis Greninger/Michael W. Emberton, Allied Mortgage 1. Comprehensive plan amendment to bring area into the Immediate Urban Service Area. 2. Rezone from A-1 (General Agricultural) to R-3 (Residential, Imm. Urban Service Area). BACKGROUND: NOTE: You have the P.C. Minutes from 2/19/97 P.C. Packet This item was originally heard at the P.C. and recommendation of denial was made. The applicant pulled their application before it came to the City Council. They reapplied for the area North of Co Rd. #39 and East of Kadler South of Is_and View Estates. This request was heard by the Planning Commission on February 5, 1997 at 3PM. Bruce Rask motioned to amend the Comp Plan to bring the area into the Urban Service Area. Jim Kolles Seconded. Bruce Rask, Jim Kolles, and Arleen Nagel voted in favor of the motion. Richard Nichols, Ing Roskaft, Carl Swenson and Eugene Goenner opposed. Motion failed on a split vote of 4 to 3. (refer to the P.C. Minutes) Motion to deny rezoning was passed to deny on a 5 to 2 vote. See Findings of Fact Attached. STAFF RECOMMENDATION: Staff Recommendation is that this is a Council decision as to the area if it should be developed now or not. It is currently in the Long Range Service Area. Keep in mind that the recommendation was to deny by the P.C. on a 4 to 3 split vote and the Professional Staff feel this is premature. This is a policy decision. Thank you, Elaine NW^ 441100% NORTHWEST ASSOCIATED CONSULTANTS INC %NWOOdIll"COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Bob Kirmis DATE: 17 February 1997 RE: Otsego - Greninger Request FILE NO: 176.02 - 97.01 Attached please find the following items applicable to the Greninger Comprehensive Plan amendment and rezoning request: 1. Resolution - Comprehensive Plan Amendment Approval 2. Findings of Fact - Rezoning Approval 3. Zoning Amendment 4. Resolution - Comprehensive Plan Amendment Denial 5. Rezoning Denial Please note that findings have been prepared both "for" and "against" the requests. Regardless of the decision made by the City Council, it is important that the Council include adequate discussion to support such action. This matter is scheduled for City Council consideration on 24 February. PC: Elaine Beatty Andy MacArthur Larry Koshak 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 5 1 2-595-9836 FAX 6 1 2-595-9837 COMPREHENSIVE PLAN AMENDMENT APPROVAL CITY OF OTSEGO COUNTY OF WRIGHT RESOLUTION APPROVING AN AMENDMENT TO THE OTSEGO COMPREHENSIVE PLAN TO EXPAND THE IMMEDIATE URBAN SERVICE AREA BOUNDARIES TO INCLUDE THE PROPERTY LEGALLY DESCRIBED ON ATTACHED EXHIBIT A. WHEREAS, Mr. Michael Emberton on behalf of Allied Mortgage of Brooklyn Center, Inc. has submitted a request to rezone the property legally described on attached Exhibit A from A-1, Agricultural Rural Service to R-3, Residential Immediate Urban service; and WHEREAS, the subject property currently lies within the City's Long Range Urban service area; and WHEREAS, inclusion of the subject property within the Immediate Urban Service area is necessary to justify approval of the requested rezoning action; and WHEREAS, the Planning Commission has considered the amendment and has recommended that the City Council deny the request; and WHEREAS, the lands do not qualify as a premature development in that: a. The land holds adequate stormwater drainage capacity. b. The land has a safe water supply. C. Adequate roads serve the property. d. The site holds the ability to accommodate a safe sewage disposal system. NOW THEREFORE, THE CITY OF OTSEGO RESOLVED AS FOLLOWS: 1. That the City Comprehensive Plan be and hereby is amended to include the property legally described on attached Exhibit A from the Long Range Urban Service Area and placing it within the Immediate Urban Service Area. a 2. That the text of the Comprehensive Plan and all maps showing the subject property attached to and incorporated into the Comprehensive Plan shall be adjusted to show the changes made in the boundary around the subject property. 3. That the City Council disagrees with the recommendations of the Otsego Planning Commission and recommendations of staff included in the Northwest Associated Consultants, Inc. report, dated 21 January 1997 for the aforementioned reasons.. Passed this day of 1997 CITY OF OTSEGO Larry Fournier, Mayor By: Elaine Beatty, City Clerk/Zoning Administrator 2 ATTACH PROPERTY LEGAL DESCRIPTION HERE EXHIBIT A REZONING APPROVAL CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE: FINDINGS OF FACT AND DECISION Application of Mr. Michael Emberton on behalf of Allied Mortgage of Brooklyn Center to rezone the following described land from an A-1, Agricultural Rural Service Area Zoning District designation to an R-3, Residential, Immediate Urban Service Area zoning designation. The subject property is legally described as: See Attached Exhibit A On 24 February 1997, the Otsego City Council met at its regularly scheduled meeting to consider the application of Allied Mortgage of Brooklyn Center to rezone the above described land from an A-1, Agricultural Rural Service Area Zoning District to an R-3, Residential Immediate Urban Service Area zoning designation. Based on the application, the recommendation of the Planning Commission, and the evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT The applicant is requesting a rezoning of the following described property from A-1, Agricultural Rural Service to R-3, Residential, Immediate Urban Service Area zoning designation. The subject property is legally described as: See Attached Exhibit A 2. In conjunction with the rezoning request, the City Council has approved a requested amendment to the City's Comprehensive Plan to include the subject property in the City's designated Immediate Urban service Area. 3. Section 20-3-2.17 of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the proposed rezoning. The seven effects and findings regarding them are: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. The proposed rezoning is consistent with the City's Land Use Plan which suggests low density residential use of the subject property. The proposed use is also consistent with the following Comprehensive Plan policies: • Land use allocations are to be balanced with economic market demands and service availability. • All development proposals shall be analyzed on an individual basis from a physical, economic and social standpoint to determine the most appropriate uses with the context of the community as a whole. • Land use development shall be related to and reflect transportation needs, desired development and community priorities. • Once established, geographic land use designations and related zoning classifications shall be changed only when it can be demonstrated that such modifications are in the best interest of the community on a long range perspective and .such changes will promote land use compatibility and predetermined goals and policies of the Comprehensive Plan. • The housing needs of the entire community shall be addressed and responded to. • To the extent possible, a variety of housing types, styles and choices is to be created and maintained. b. The proposed use's compatibility with present and future land uses of the area. The proposed use is compatible with the Island View Estates single family residential subdivision which borders the site on the north and east. C. The proposed use conforms with all performance standards contained herein (i.e., parking, loading, noise, etc.). As a condition of subdivision approval and building permit issuance, the proposed use shall be required to meet applicable performance standards of the Zoning Ordinance. d. The proposed use's effect on the area in which it is proposed. The proposed rezoning and low density residential use will not adversely affect the subject area. e. The proposed use's impact upon property values of the area in which it is proposed. While no specific study has been conducted, similar situations indicate that the proposed rezoning will not adversely affect property values in the subject area. f. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Traffic generated from the rezoning will be 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 rezoning and resulting land use will not overburden the City's service capacity. 4. The planning report, dated 21 January 1997 prepared by Northwest Associated Consultants, Inc., is incorporated herein. 5. On 5 February 1997, the Otsego Planning Commission conducted a public hearing to consider the proposed rezoning application preceded by published and mailed notice. Upon review of the rezoning application and evidence received, the Otsego Planning Commission closed the public hearing and recommended (on a split vote) that the City Council deny the rezoning based on the aforementioned findings. 3 DECISION Based on the foregoing considerations and applicable ordinance, the applicant's request to rezone the property legally described in attached Exhibit A from A-1, Agricultural Rural Service Area Zoning District designation to an R-3, Residential, Immediate Urban Service Area zoning designation is approved in its present form. ADOPTED by the Otsego City Council this 24th day of February 1997. CITY OF OTSEGO By: Larry Fournier, Mayor ATTEST: Elaine Beatty, City Clerk and Zoning Administrator 4 PROPERTY LEGAL DESCRIPTION (TO BE ADDED) EXHIBIT A ORDINANCE NO. 97 - CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION. THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS AS FOLLOWS: Section 1. The official zoning map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the following described property. See Attached Exhibit A Section 2. The'above described property is hereby rezoned from A-1, Agricultural Rural Service Zoning District designation to an R-3, Residential Immediate Urban Service Area District zoning designation. Section 3. The Zoning Administrator is hereby directed to make appropriate change in the official zoning map of the City of Otsego to reflect the change in zoning classification as set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this 24th day of February 1997. CITY OF OTSEGO Larry Fournier, Mayor ATTEST: By: Elaine Beatty, City Clerk/Zoning Administrator PROPERTY LEGAL DESCRIPTION (TO BE ADDED) EXHIBIT A COMPREHENSIVE PLAN AMENDMENT DENIAL CITY OF OTSEGO COUNTY OF WRIGHT RESOLUTION DENYING AN AMENDMENT TO THE OTSEGO COMPREHENSIVE PLAN TO EXPAND THE IMMEDIATE URBAN SERVICE AREA BOUNDARIES TO INCLUDE THE PROPERTY LEGALLY DESCRIBED ON ATTACHED EXHIBIT A. WHEREAS, Mr. Michael Emberton on behalf of Allied Mortgage of Brooklyn Center, Inc. has submitted a request to rezone the property legally described on attached Exhibit A from A-1, Agricultural Rural Service to R-3, Residential Immediate Urban service; and WHEREAS, the subject property currently lies within the City's Long Range Urban service area; and WHEREAS, Inclusion of the subject property within the Immediate Urban Service area is necessary to justify approval of the requested rezoning action; and WHEREAS, the Planning Commission has considered the amendment and has recommended that the City Council deny the request; and WHEREAS, inclusion of the subject property within the Immediate Urban Service Area is, at this time, considered premature for the following reasons: 1. A determination cannot be made that the proposed use is consistent with the City's sanitary sewer planning efforts. 2. Development of low density residential uses upon the subject property will result in an inefficient delivery of public services. 3. The proposed use will encroach into an agricultural area of the City. Such encroachment is specifically discouraged by the City's Comprehensive Plan. NOW THEREFORE, THE CITY OF OTSEGO RESOLVED that the recommendation of Comprehensive Plan amendment denial by the Otsego Planning Commission is hereby adopted in its entirely along with the Northwest Associated Consultants staff report dated 21 January 1997. Passed this day of 1997 CITY OF OTSEGO By: Larry Fournier, Mayor By: Elaine Beatty, City Clerk/Zoning Administrator 2 ATTACH PROPERTY LEGAL DESCRIPTION HERE EXHIBIT A REZONING DENIAL CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE: FINDINGS OF FACT AND DECISION Application of Mr. Michael Emberton on behalf of Allied Mortgage of Brooklyn Center to rezone the following described land from an A-1, Agricultural Rural Service Area Zoning District designation to an R-3, Residential, Immediate Urban Service Area zoning designation. The subject property is legally described as: See Attached Exhibit A On 24 February 1997, the Otsego City Council met at its regularly scheduled meeting to consider the application of Allied Mortgage of Brooklyn Center to rezone the above described land from an A-1, Agricultural Rural Service Area Zoning District to an R-3, Residential Immediate Urban Service Area zoning designation. Based on the application, the recommendation of the Planning Commission, and the evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT The applicant is requesting a rezoning of the following described property from A-1, Agricultural Rural Service to R-3, Residential, Immediate Urban Service Area zoning designation. The subject property is legally described as: See Attached Exhibit A 2. In conjunction with the requested rezoning, the applicants have also requested an amendment to the City's Comprehensive Plan to include the subject property in the immediate urban service area. Containment of the subject property within the Immediate Urban Service Area is necessary to justify the requested rezoning action. In consideration of the applicant's request to include the subject property in the Immediate Urban Service Area, the recommendation of the Planning Commission, and the evidence received, the City Council determined that such inclusion is, at this time inappropriate 3. Section 20-3-2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the proposed rezoning. The seven effects and findings regarding them are: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. The proposed rezoning is consistent with the City's Land Use Plan which suggests low density residential use of the subject property. The proposed use is also consistent with a specific policy of the Comprehensive plan which encourages infill development. The proposed use is further consistent with the following Comprehensive Plan policies which discourage the proposed use: Residential development especially within the Long Range Urban Service Area of the City needs to be aware of impacts resulting from agricultural uses which exist and will continue to operate in such locations. Unless public health or some other such issues are found to exist, agricultural activities will not be curtailed due to negative impacts upon residential development. Protect and preserve prime agricultural lands and the economic viability of farming operations. Permit growth on a phased basis providing for a logical extension of urban growth and related community services. Boundary limits for urban expansion shall be clearly delineated and non -farming type uses shall be prohibited from encroaching into agricultural areas. 2 • All development proposals shall be analyzed on an individual basis from a physical, economic and social standpoint to determine the most appropriate uses within the context of the community as a whole. • Land use development shall be related to and reflect transportation needs, desired development and community priorities. • Encourage continued but orderly growth in Otsego. • The spread of small scale, non-farm subdivisions in agricultural areas shall be prohibited. b. The proposed use's compatibility with present and future land uses of the area. The proposed use is compatible with the Island View Estates single family residential subdivision which borders the subject property on the north. The proposed use is not, however, compatible with agricultural uses which lie south of the subject property. C. The proposed use conforms with all performance standards contained herein (i.e., parking, loading, noise, etc.). As a condition of subdivision approval and building permit issuance, the proposed use shall be required to meet applicable performance standards of the Zoning Ordinance. d. The proposed use's effect on the area in which it is proposed. The proposed rezoning and low density residential use may adversely affect neighboring agricultural uses in the area. e. The proposed use's impact upon property values of the area in which it is proposed. While no specific study has been conducted, similar situations indicate that the proposed rezoning will not adversely affect property values in the subject area. 3 f. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Until an actual development plan is submitted, it is unknown whether traffic generated from the rezoning will be 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 rezoning and resulting land use will negatively impact the City's ability to deliver sewer service in an efficient and cost effective manner. 4. The planning report, dated 21 January 1997 prepared by Northwest Associated Consultants, Inc., is incorporated herein. 5. On 5 February 1997, the Otsego Planning Commission conducted a public hearing to consider the'proposed rezoning application preceded by published and mailed notice. Upon review of the rezoning application and evidence received, the Otsego Planning Commission closed the public hearing and recommended (on a split vote) that the City Council deny the rezoning based on the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinance, the applicant's request to rezone the property legally described in attached Exhibit A from A-1, Agricultural Rural Service Area Zoning District designation to an R-3, Residential, Immediate Urban Service Area zoning designation is denied in its present form. ADOPTED by the Otsego City Council this 24th day of February 1997. 4 CITY OF OTSEGO By: Larry Fournier, Mayor ATTEST: Elaine Beatty, City Clerk and Zoning Administrator PROPERTY LEGAL DESCRIPTION (TO BE ADDED) EXHIBIT A CITE' OF OTSEGO REQ17EST FOR COUNCIL .ACTIO` AGENDA SECTION: DEPARTMENT: MEETING DATE 6. Bob Kirmis, Asst. City Planner FEBRUARY 24th,1997 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 6.3 Amendments to the Zoning Ordinance 1. Proposed Amendment of Ordinance Re: Antennas 2. Proposed Amendment of Ordinance Re: Business Signs 3. Proposed Amendment of Ordinance Re: Administrative Permit Approvals BACKGROUND: NOTE: You have the P.C. Minutes from 2/19/97 P.C. Packet These Amendments to the Zoning Ordinance came before the P.C. for hearing on 2/5/97. After Hearing and discussion all three were approved unanimously by the Planning Commission. (See Minutes and Findings of Fact attached. STAFF RECOMMENDATION: Staff Recommendation is approval of the following: 1. Proposed Amendment of Ord. Re: Antennas 2. Proposed Amendment of Ord. Re: Business Signs 3. Proposed Amendment of Ord. Re: Administrative Approvals Thank you, Elaine NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Bob Kirmis DATE: 10 February 1997 RE: Otsego - Zoning Ordinance Revision: Antenna Regulations FILE NO: 176.08 - 96.15 In consideration of advancing wireless communication technology and the provisions of the 1996 Telecommunication Act, a draft amendment to Section 33 of the Zoning Ordinance relating to antennas has been prepared. The 1996 Telecommunication Act basically stipulates that wireless communication is a necessary service which must be reasonably accommodated by municipalities. In review of the draft amendment text, please make note of the following: 1. Various antenna types have been specifically defined. 2. Satellite dishes, short-wave radio dispatching antennas and ham radio antennas are listed as allowed accessory uses in all zoning districts. 3. Within agricultural and residential zoning districts, satellite dishes may measure up to 3.5 meters in diameter. Such dishes which measure greater than two meters in diameter, however, require the processing of an administrative permit. Satellite dish antennas may extend a maximum of 15 feet above the height restriction of the applicable zoning district (greater heights allowed by a conditional use permit). 4. Amateur radio service antennas may extend up to 70 feet in height (greater heights allowed by a conditional use permit). 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK. MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 5. Antennas other than those listed in Item No. 2 above are considered "principal uses" and referenced in the amendment accordingly (either as permitted or conditional uses). 6. An attempt has been made to encourage personal wireless service (i.e, cellular telephone) antennas to locate upon public structures by listing such facilities as permitted uses in all zoning districts without a maximum height requirement. Conversely, personal wireless service antenna alternatives (i.e., mounting on non- public structures or ground poles) would require a conditional use permit (except in industrial districts) and would need to adhere to various height restrictions. 7. The following antenna types are listed as conditional uses and allowed only in the City's industrial districts. a. Commercial, private and public satellite dishes in excess of 3.5 meters. b. Commercial and public radio and television transmitting antennas: and public utility microwave antennas. 8. Section 20-17-3.13 of the existing Zoning Ordinance text (addressing building height exceptions) has been expanded to reference antennas and antenna support structures. This item is scheduled for City Council consideration on 24 February. pc: Elaine Beatty Andy MacArthur Larry Koshak CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 96 - AN ORDINANCE AMENDING SECTION 33 OF THE OTSEGO ZONING ORDINANCE REGARDING THE REGULATION OF ANTENNAS (COMMUNICATION RECEPTION/ TRANSMISSION DEVICES). THE CITY OF OTSEGO ORDAINS: Section 1. Section 20-2-2 of the Otsego Zoning Ordinance (Definitions) is hereby amended to delete the following definitions: Essential Services Satellite Dish Satellite Dish Height Section 2. Section 20-2-2 of the Otsego Zoning Ordinance (Definitions) is hereby amended to add the following definitions: Antenna, Personal Wireless Service. A device consisting of a metal, carbon fiber, or other electromagnetically conducive rods or elements, usually arranged in a circular array on a single supporting pole or other structure, and used for the transmission and reception of wireless communication radio waves including cellular, personal communication service (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services and including the support structure thereof. Antenna, Public Utility Microwave. A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the suouortinq structure thereof. Antenna, Radio and Television, Broadcast Transmitting. A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio, or television programming, and including the support structure thereof. Antenna, Radio and Television Receiving. A wire, set of wires, metal or carbon fiber element(s), other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the supporting structure thereof. Antenna, Satellite Dish. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device is used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition shall include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television, receive only) and satellite microwave antennas and support structure thereof. Antenna, Short -Wave Radio Transmitting and Receiving. A wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element used for the transmission and reception of radio waves used for short-wave radio communications, and including the supporting structure thereof. Antenna Support Structure. Any pole, telescoping mast, tower, tripod, or any other structure which supports a device used in the transmitting or...receiving of radio frequency energy. Essential Services. The erection, construction, alteration or maintenance by public utilities or municipal departments of underground or overhead telephone, gas, electrical, communication, water or sewer transmission, distribution, collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith for the furnishing of adequate service by such private or public utilities or municipal departments. Transmission/reception support structures and antennas shall not be considered an essential service. Secondary Use: A use of land or of a building or a portion thereof which is subordinate to and does not constitute the primary use of the land or building. Structure, Public. An edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner which is owned or rented, and operated by a federal, state, or local government agency. Section 3. Section 20-17-3.A of the Otsego Zoning Ordinance (allowable height increases) is hereby amended to read as follows: A. Allowable Increases: Except in the Wild and Scenic Recreational River District, building, antenna and antenna support structure heights in excess of those standards contained in the district provisions and any 2 other sections of this Chapter may be allowed through a conditional use permit, provided that: 1. Demonstrated need is established for the increase in height and said increase will not violate the intent and character of the zoning district in which the structure is located. 2. The site is capable of accommodating the increased structure size. 3. The potential increased intensity and size of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets. 4. Public utilities and services are adequate. 5. For each additional story over the district limitation or for each additional ten (10) feet above the maximum allowed per district, front and side yard setback requirements shall be increased by, ten (10) percent. 6. The construction does not limit solar access to abutting and/or neighboring properties. 7. The provisions of Section 20-4-2.F of this Chapter are considered and satisfactorily met. Section 4. Section 20-17-3.B.14 of the Otsego Zoning Ordinance (Building Height Exceptions) is hereby amended to read as follows: 14. Antennas and antenna support structures as regulated by Section 33 of this Chapter. Section 5. Section 20-32-5.B of the Otsego Zoning Ordinance (Conditional Essential Services -Transmission Facilities) is hereby deleted in its entirety. Section 6. Section 20-32-5.0 of the Otsego Zoning Ordinance (Conditional Essential Services -Lots) is hereby renumbered as Section 20-32-5.B. Section 7. Section 20-33 of the Otsego Zoning Ordinance (Communication Reception/Transmission Devices) is hereby amended to read as follows: 3 SECTION 33 ANTENNAS Section 20-33-1 Purpose 20-33-2 General Standards 20-33-3 Accessory and Secondary Use Antennas 20-33-4 Personal Wireless Service Antennas 20-33-5 Satellite Dishes 20-33-6 Commercial and Public Radio and Television Transmitting Antennas, and Public Utility Microwave Antennas 20-33-1: PURPOSE: The purpose of this section is to establish predicable, balanced regulations for the siting and screening of wireless communications equipment in order to accommodate the growth of wireless communicating systems within the City of Otsego while protecting the public against any adverse impacts on the City's aesthetic resources and the public welfare. 20-33-2: GENERAL STANDARDS: The following standards shall apply to all personal wireless service, public utility, microwave, radio and television broadcast transmitting, radio and television receiving, satellite dish and short-wave radio transmitting and receiving antenna. A. All obsolete and unused antenna shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the Zoning Administrator. B. All antenna shall be in compliance with all City building and electrical code requirements and as applicable shall require related permits. C. Structural design, mounting and installation of the antenna shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer. D. Unless the antenna/antenna support structure and land is under the same ownership, written authorization for antenna erection shall be provided by the property owner. E. No advertising message shall be affixed to the antenna structure. 4 F. The height of the antenna shall be the minimum necessary to function satisfactorily, as verified by an electrical engineer or other appropriate professional. G. Antennas shall not be artificially illuminated unless required by law or by a governmental agency to protect the public's health and safety. H. When applicable, proposals to erect new antenna shall be accompanied by any required federal, state, or local agency licenses. I. If a new antenna support structure is to be constructed, it shall be designed so as to accommodate other users including but not limited to other personal wireless service communication companies, local police, fire and ambulance companies. J. Antenna support structures under two hundred (200) feet in height shall be painted silver or have a galvanized finish to reduce visual impact,' unless otherwise required by federal law. K. Except as may be applicable in cases where a conditional use permit is required, antennas and support structures for federally licensed amateur radio stations and used in the amateur radio service are exempt from sub -paragraphs C, F, and I above, and must comply with Subd. L. below. L. Amateur radio support structures (towers) must be installed in accordance with the instructions furnished by the manufacturer of that tower model. Because of the experimental nature of the amateur radio service, antennas mounted on such a tower may be modified or changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturers specifications. 20-33-3: ACCESSORY AND SECONDARY USE ANTENNAS: The following standards shall apply to all accessory and secondary use antennas including radio and television receiving antennas, satellite dishes, TVROs three and one-half (3.5) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers. 5 A. Accessory or secondary use antennas shall not be erected in any required yard (except a rear yard) or within public or private utility and drainage easements, and shall be set back a minimum of five (5) feet from all lot lines. B. Guy wires or guy wire anchors shall not be erected within public or private utility and drainage easements, and shall be set back a minimum of five (5) feet from all lot lines. C. Accessory or secondary use antennas and necessary support structures, monopoles or towers may extend a maximum of fifteen (15) feet above the normal height restriction for the affected zoning district, except support structures and antennas used in the amateur radio service may extend a maximum of seventy (70) feet for the affected zoning district. D. The installation of more than one (1) support structure per property shall require the approval of a conditianal use permit. 20-33-4: PERSONAL WIRELESS SERVICE ANTENNAS: A. Agricultural and Residential District Standards. 1. Antennas located upon public structures: Personal wireless service antenna located upon public structures shall require the processing of an administrative permit and shall comply with the following standards: a. The applicant shall demonstrate by providing a coverage/ interference analysis and capacity analysis prepared by a registered professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district. b. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear 0 1 yard of the .principal use and shall be screened from view by landscaping where appropriate. C. An administrative permit is issued in compliance with the provisions of Section 20-9 of this Chapter. 2. Antennas not located upon a public structure: Personal wireless service antenna not located upon a public structure shall require the processing of a conditional use permit and shall comply with the following standards: a. The applicant shall demonstrate by providing a coverage/ interference analysis and capacity analysis prepared by a registered professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district. b. The antennas shall be located on an existing, non-residential structure, if possible, and shall not extend more than fifteen (15 ) feet above the structural height of the structure to which they are attached. C. If no existing, non-residential structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a single ground mounted pole provided that: 1) The pole not exceed seventy-five (75) feet in height. 2) The setback of the pole from the nearest residential structure is not less than the height of the antenna. Exceptions to such setback may be granted if a qualified structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances. 7 LIM d. Transmitting, . receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. e. Unless the antenna is mounted on an existing, non-residential structure, a security fence not greater than eight (S) feet in height with a maximum opacity of fifty (50) percent shall be provided around the support structure. f. The conditional use permit provisions of Section 20-4 of this Chapter are considered and determined to be satisfied. Business and Institutional District Standards: 1. Antennas Located Upon A Public Structure. Personal wireless service antenna located upon a public structure shall comply with the following standards. a. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. b. An administrative permit is issued in compliance with the provisions of Section 20-9 of this Chapter. 2. Antennas Not Located Upon A Public Structure. Personal wireless service antennas not located upon a public structure shall require the processing of a conditional use permit and shall comply with the following standards: a. The applicant shall demonstrate by providing a coverage/ interference analysis and capacity analysis prepared by a registered professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the personal wireless service system and to provide adequate portable personal wireless service coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district. b. The antennas shall be located on an existing structure, if possible, and shall not extend more than fifteen (15) feet above the structural height of the structure to which they are attached. C. If no existing structure which meets the height requirements for the antennas is available for mounting purposes, the antennas may be mounted on a single ground mounted pole provided that: 1) The pole not exceed seventy-five (75) feet in height. 2) The setback of the pole from the nearest residential structure is not less than the height of the antenna. Exceptions to such setback may be granted if a qualified structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances. d. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary for transmitting, receiving and switching equipment, it shall be situated in the rear yard of the principal use and shall be screened from view by landscaping where appropriate. e. Unless the antenna is mounted on an existing structure, a security fence not greater than eight (8) feet in height with a maximum opacity of fifty (50) percent shall be provided around the support structure. f. The conditional use permit provisions of Section 20-4 of this Chapter are considered and determined to be satisfied. 0� C. Industrial District Standards. 1. Antennas Located Upon A Public Structure. Personal wireless service antennas located upon a public structure shall require the processing of an administrative permit and shall comply with the following standards: a. An administrative compliance with the of this Chapter. permit is issued in provisions of Section 20-9 2. Antennas Not Located Upon A Public Structure. Personal wireless service antennas not located upon a public structure shall require the processing of an administrative permit and shall comply with the following standards: a. The antennas shall be located upon a structure if possible. b. If no existing structure which meets the height requirements for mounting the antennas, the antennas may be mounted upon a supporting pole or tower not exceeding one hundred fifty (150) feet in height. Such pole or tower shall be located on a parcel having a dimension equal to the height of the pole or tower measured between the base of the pole or tower located nearest the property line and said property line, unless a qualified structural engineer specifies in writing that the collapse of the pole or tower will occur within a lesser distance under all foreseeable circumstances. C. An administrative permit is issued in compliance with the provisions of Section 20-9 of this Chapter. 20-33-5: SATELLITE DISHES: A. Agricultural and Residential District Standards. Single satellite dish TVROs located within agricultural and residential zoning districts of the City shall comply with the following standards: 1. All accessory and secondary use provisions of Section 20-33-3 of this Chapter are satisfactorily met. 10 2. The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction -free receive window can be maintained within the limits of the property ownership. 3. The satellite dish antenna is not greater than three and one-half (3.5) meters in diameter. B. Business and Institutional District Standards. Satellite dish antennas within the business and institutional zoning districts of the City shall be limited to those listed as permitted accessory and secondary uses in the applicable zoning district subject to the provisions of Section 20-33-2 and 20-33-3 of this Chapter. C. Industrial District Standards. Commercial, private and public satellite dish transmitting or receiving antennas in excess of three and one-half (3.5) meters may be allowed as a conditional use within industrial districts of the City and shall comply with the following standards: 1. All accessory and secondary use provisions of Section 20-33-3 of this Chapter are satisfactorily met. 2. The lot on which the satellite dish antenna is located shall be of sufficient size to assure that an obstruction free transmit -receive window or windows can be maintained within the limits of the property ownership. 3. The conditional use permit provisions of Section 20-4 of this Chapter are considered and determined to be satisfied. 20-33-6: COMMERCIAL AND PUBLIC RADIO AND TELEVISION TRANSMITTING ANTENNAS, AND PUBLIC UTILITY MICROWAVE ANTENNAS: Commercial and public radio and television transmitting and public utility microwave antennas shall comply with the following standards: A. Such antenna shall be considered an allowed conditional use within the I-1, Limited Industrial District of the City and shall be subject to the regulations and requirements of Section 20-4 of this Chapter. 11 B. The antennas, transmitting towers, or array of towers shall be located on a continuous parcel having a dimension equal to the height of the antenna, transmitting tower, or array of towers measured between the base of the antenna or tower located nearest a property line and said property line, unless a qualified structural engineer specifies in writing that the collapse of any antenna or tower will occur within a lesser distance under all foreseeable circumstances. C. Unless the antenna is mounted on an existing structure, a fence not greater than eight (8) feet in height with a maximum opacity of fifty (50) percent shall be provided around the support structure and other equipment. Section 8. Section 20-51-2 of the Otsego Zoning Ordinance (A-1 District Permitted Uses) is hereby amended to add the following: J. Personal wireless service antennas located upon a public structure, as regulated by Section 33 of this Chapter. Section 9. Section 20-51-4 of the Otsego Zoning Ordinance (A-1 District Accessory Uses) is hereby amended to add the following: H. Radio and television receiving antennas including single satellite dish TVROs, short-wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 33 of this Chapter. Section 10. Section 20-51-5 of the Otsego Zoning Ordinance (A-1 District Conditional Uses) is hereby amended to add the following: I. Personal wireless service towers and antennas not located on a public structure as regulated by Section 33 of this Chapter. Section 11. Section 20-52-2 of the Otsego Zoning Ordinance (A-2 District Permitted Uses) is hereby amended to add the following: I. Personal wireless service antennas located upon a public structure, as regulated by Section 33 of this Chapter. 12 Section 12. Section 20-52-4 of the Otsego Zoning Ordinance (A-2 District Accessory Uses) is hereby -amended to add the following: H. Radio and television receiving antennas including single satellite dish TVROs, short-wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 33 of this Chapter. Section 13. Section 20-52-5 of the Otsego Zoning Ordinance (A-2 District Conditional Uses) is hereby amended to add the following: G. Personal wireless service towers and antennas not located on a public structure as regulated by Section 33 of this Chapter. Section 14. Section 20-53-2 of the Otsego Zoning Ordinance (R-1 District Permitted Uses) is hereby amended to add the following: G. Personal wireless service antennas located upon a public structure, as regulated by Section 33 of this Chapter. Section 15. Section 20-53-4 of the Otsego Zoning Ordinance (R-1 District Accessory Uses) is hereby amended to add the following: J. Radio and television receiving antennas including single satellite dish TVROs, short-wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 33 of this Chapter. Section 16. Section 20-53-5 of the Otsego Zoning Ordinance (R-1 District Conditional Uses) is hereby amended to add the following: D. Personal wireless service towers and antennas not located on a public structure as regulated by Section 33 of this Chapter. 13 Section 17. Section 20-54-2. of the Otsego Zoning Ordinance (R-2 District Permitted Uses) is hereby amended to add the following: F. Personal wireless service antennas located upon a public structure, as regulated by Section 33 of this Chapter. Section 18. Section 20-54-4 of the Otsego Zoning Ordinance (R-2 District Accessory Uses) is hereby amended to add the following: I. Radio and television receiving antennas including single satellite dish TVROs, short-wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 33 of this Chapter. Section 19. Section 20-54-5 of the Otsego Zoning Ordinance (R-2 District Conditional Uses) is hereby amended to add the following: D. Personal wireless service towers and antennas not located on a public structure as regulated by Section 33 of this Chapter. Section 20. Section 20-55-2 of the Otsego Zoning Ordinance (R-3 District Permitted Uses) is hereby amended to add the following: F. Personal wireless service antennas located upon a public structure, as regulated by Section 33 of this Chapter. Section 21. Section 20-55-4 of the Otsego Zoning Ordinance (R-3 District Accessory Uses) is hereby amended to add the following: I. Radio and television receiving antennas including single satellite dish TVROs, short-wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 33 of this Chapter. 14 Section 22. Section 20-55-5. of the Otsego Zoning Ordinance (R-3 District Conditional Uses) is hereby amended to add the following: D. Personal wireless service towers and antennas not located on a public structure as regulated by Section 33 of this Chapter. Section 23. Section 20-56-2 of the Otsego Zoning Ordinance (R-4 District Permitted Uses) is hereby amended to add the following: F. Personal wireless service antennas located upon a public structure, as regulated by Section 33 of this Chapter. Section 24. Section 20-56-4 of the Otsego Zoning Ordinance (R-4 District Accessory Uses) is hereby amended to add the following: I. Radio -and television receiving antennas including'single satellite dish TVROs, short-wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 33 of this Chapter. Section 25. Section 20-56-5 of the Otsego Zoning Ordinance (R-4 District Conditional Uses) is hereby amended to add the following: E. Personal wireless service towers and antennas not located on a public structure as regulated by Section 33 of this Chapter. Section 26. Section 20-57-2 of the Otsego Zoning Ordinance (R-5 District Permitted Uses) is hereby amended to add the following: F. Personal wireless service antennas located upon a public structure, as regulated by Section 33 of this Chapter. Section 27. Section 20-57-4 of the Otsego Zoning Ordinance (R-5 District Accessory Uses) is hereby amended to add the following: I. Radio and television receiving antennas including single satellite dish TVROs, short-wave radio dispatching 15 antennas, or those necessary for the operation of household electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 33 of this Chapter. Section 28. Section 20-57-5 of the Otsego Zoning Ordinance (R-5 District Conditional Uses) is hereby amended to add the following: F. Personal wireless service towers and antennas not located on a public structure as regulated by Section 33 of this Chapter. Section 29. Section 20-58-2 of the Otsego Zoning Ordinance (R-6 District Permitted Uses) is hereby amended to add the following: I. Personal wireless service antennas located upon a public structure, as regulated by Section 33 of this Chapter. Section 30. Section 20-58-4 of the Otsego Zoning Ordinance (R-6 District Accessory Uses) is hereby amended to add the following: J. Radio and television receiving antennas including single satellite dish TVROs, short-wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 33 of this Chapter. Section 31. Section 20-58-5 of the Otsego Zoning Ordinance (R-6 District Conditional Uses) is hereby amended to add the following: C. Personal wireless service towers and antennas not located on a public structure as regulated by Section 33 of this Chapter. Section 32. Section 20-59-2 of the Otsego Zoning Ordinance (R-7 District Permitted Uses) is hereby amended to add the following: H. Personal wireless service antennas located upon a public structure, as regulated by Section 33 of this Chapter. 16 Section 33. Section 20-59-4 of the Otsego Zoning Ordinance (R-7 District Accessory Uses) is hereby amended to add the following: J. Radio and television receiving antennas including single satellite dish TVROs, short-wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 33 of this Chapter. Section 34. Section 20-59-5 of the Otsego Zoning Ordinance (R-7 District Conditional Uses) is hereby amended to add the following: G. Personal wireless service towers and antennas not located on a public structure as regulated by Section 33 of this Chapter. Section 35.- . Section 20-60-2 of the Otsego Zoning Ordinance (R -MH District Permitted Uses) is hereby amended to add the following: B. Personal wireless service antennas located upon a public structure, as regulated by Section 33 of this Chapter. Section 36. Section 20-60-3 of the Otsego Zoning Ordinance (R -MH District Accessory Uses) is hereby amended to add the following: I. Radio and television receiving antennas including single satellite dish TVROs, short-wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 33 of this Chapter. Section 37. Section 20-60-4 of the Otsego Zoning Ordinance (R -MH District Conditional Uses) is hereby amended to add the following: A. Personal wireless service towers and antennas not located on a public structure as regulated by Section 33 of this Chapter. 17 Section 38. Section 20-61-2 of the Otsego Zoning Ordinance (R -B District Permitted Uses) is hereby amended to add the following: G. Personal wireless service antennas located upon a public structure, as regulated by Section 33 of this Chapter. Section 39. Section 20-6-4 of the Otsego Zoning Ordinance (R -B District Accessory Uses) is hereby amended to add the following: J. Radio and television receiving antennas including single satellite dish TVROs, short-wave radio dispatching antennas, or those necessary for the operation of household electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 33 of this Chapter. Section 40. Section 20-61-5 of the Otsego Zoning Ordinance (R -B District Conditional Uses) is hereby amended to add the following: H. Personal wireless service towers and antennas not located on a public structure as regulated by Section 33 of this Chapter. Section 41. Section 20-62-2 of the Otsego Zoning Ordinance (B-1 District Permitted Uses) is hereby amended to add the following: J. Personal wireless service antennas located on a public structure, as regulated by Section 33 of this Chapter. Section 42. Section 20-62-4 of the Otsego Zoning Ordinance (B-1 District Accessory Uses) is hereby amended to add the following: D. Radio and television receiving antennas including single satellite dish TVROs three and one-half (3.5) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 33 of this Chapter. M Section 43. Section 20-62-5 of the Otsego Zoning Ordinance (B-1 District Conditional Uses) is hereby amended to add the following: B. Personal wireless service towers and antennas not located on a public structure, as regulated by Section 33 of this Chapter. Section 44. Section 20-63-2 of the Otsego Zoning Ordinance (B-2 District Permitted Uses) is hereby amended to add the following: P. Personal wireless service antennas located on a public structure, as regulated by Section 33 of this Chapter. Section 45. Section 20-63-4 of the Otsego Zoning Ordinance (B-2 District Accessory Uses) is hereby amended to add the following: D. Radio..and television receiving antennas including single satellite dish TVROs three and one-half (3.5) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 33 of this Chapter. Section 46. Section 20-63-5 of the Otsego Zoning Ordinance (B-2 District Conditional Uses) is hereby amended to add the following: G. Personal wireless service towers and antennas not located on a public structure, as regulated by Section 33 of this Chapter. Section 47. Section 20-64-2 of the Otsego Zoning Ordinance (B-3 District Permitted Uses) is hereby amended to add the following: UU. Personal wireless service antennas located on a public structure, as regulated by Section 33 of this Chapter. 19 1 Section 48. Section 20-64-4 of the Otsego Zoning Ordinance (B-3 District Accessory Uses) is hereby amended to add the following: D. Radio and television receiving antennas including single satellite dish TVROs three and one-half (3.5) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 33 of this Chapter. Section 49. Section 20-64-5 of the Otsego Zoning Ordinance (B-3 District Conditional Uses) is hereby amended to add the following: G. Personal wireless service on a public structure, as Chapter. towers and antennas not located regulated by Section 33 of this Section 50. Section 20-65-2 of the Otsego Zoning Ordinance (B -W District Permitted Uses) is hereby amended to add the following: N. Personal wireless service antennas located on a public structure, as regulated by Section 33 of this Chapter. Section 51. Section 20-65-4 of the Otsego Zoning Ordinance (B -W District Accessory Uses) is hereby amended to add the following: D. Radio and television receiving antennas including single satellite dish TVROs three and one-half (3.5) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 33 of this Chapter. Section 52. Section 20-65-5 of the Otsego Zoning Ordinance (B -W District Conditional Uses) is hereby amended to add the following: E. Personal wireless service towers and antennas not located on a public structure, as regulated by Section 33 of this Chapter. 20 Section 53. Section 20-66-2 of the Otsego Zoning Ordinance (B -C District Permitted Uses) is hereby amended to add the following: I. Personal wireless service antennas located on a public structure, as regulated by Section 33 of this Chapter. Section 54. Section 20-66-4 of the Otsego Zoning Ordinance (B -C District Accessory Uses) is hereby amended to add the following: D. Radio and television receiving antennas including single satellite dish TVROs three and one-half (3.5) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 33 of this Chapter. Section 55.- . Section 20-66-5 of the Otsego Zoning Ordinance (B -C District Conditional Uses) is hereby amended to add the following: F. Personal wireless service towers and antennas not located on a public structure, as regulated by Section 33 of this Chapter. Section 56. Section 20-67-2 of the Otsego Zoning Ordinance (I-1 District Permitted Uses) is hereby amended to add the following: G. Personal wireless service towers and antennas, including necessary equipment buildings, as regulated by Section 33 of this Chapter. Section 57. Section 20-67-4 of the Otsego Zoning Ordinance (I-1 District Accessory Uses) is hereby amended to add the following: D. Radio and television receiving antennas including single satellite dish TVROs three and one-half (3.5) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 33 of this Chapter. 21 Section 58. Section 20-67-5.of the Otsego Zoning Ordinance (I-1 District Conditional Uses) is hereby amended to add the following: E. Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by Section 33 of this Chapter. F. Commercial, private and public satellite dish transmitting or receiving antennas in excess of three and one-half (3.5) meters in diameter, as regulated by Section 33 of this Chapter. Section 59. Section 20-68-3 of the Otsego Zoning Ordinance (I-2 District Permitted Uses) is hereby amended to add the following: I. Personal wireless service towers and antennas, including necessary equipment buildings, as regulated by Section 33 of this Chapter. Section 60. Section 20-68-5 of the Otsego Zoning Ordinance (I-2 District Accessory Uses) is hereby amended to add the following: D. Radio and television receiving antennas including single satellite dish TVROs three and one-half (3.5) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 33 of this Chapter. Section 61. Section 20-68-6 of the Otsego Zoning Ordinance (I-2 District Conditional Uses) is hereby amended to add the following: F. Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by Section 33 of this Chapter. G. Commercial, private and public satellite dish transmitting or receiving antennas in excess of three and one-half (3.5) meters in diameter, as regulated by Section 33 of this Chapter. 22 Section 62. Section 20-69-2 of the Otsego Zoning Ordinance (INS District Permitted Uses) is hereby amended to add the following: D. Personal wireless service towers and antennas, including necessary equipment buildings, as regulated by Section 33 of this Chapter. Section 63. Section 20-69-4 of the Otsego Zoning Ordinance (INS District Accessory Uses) is hereby amended to add the following: D. Radio and television receiving antennas including single satellite dish TVROs three and one-half (3.5) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federal licensed amateur radio stations and television receivers, as regulated by Section 33 of this Chapter. Section 64. Section 20-69-5 of the Otsego Zoning Ordinance (INS District Conditional Uses) is hereby amended to add the following: L. Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by Section 33 of this Chapter. Section 65. This ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this day of 1997. CITY OF OTSEGO Larry Fournier, Mayor ATTEST: By: Elaine Beatty, City Clerk/Zoning Administrator 23 N W, 6#,% e " 1*4 NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Bob Kirmis DATE: 10 February 1997 RE: Otsego - Zoning Ordinance: Business Signs FILE NO: 176.08 - 96.13 Attached please find a proposed amendment to the City's sign requirements which would allow business identification signs which abut the Interstate 94 corridor to exist at heights up to that imposed in the applicable base zoning district for principal buildings. This amendment reflects the Planning Commission's recommendation on this matter. Currently, a maximum freestanding business sign height of 20 feet is imposed upon all commercial and industrial uses, regardless of business location (i.e., adjacency to the interstate highway). As a result of ordinance adoption, the following maximum sign height requirements would be imposed along the interstate corridor (depending on zoning designation). Zoning District Maximum Height of Freestanding Business sign B-1 35 feet B-2 35 feet B-3 35 feet B -W 30 feet B -C 30 feet 1-1 35 feet I-2 35 feet INS 40 feet 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9836 FAX 6 1 2-595-9837 A- This item is scheduled for City Council consideration on 24 February. pc: Elaine Beatty Andy MacArthur K ORDINANCE NO. 97 - CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE OTSEGO ZONING ORDINANCE ADDRESSING BUSINESS IDENTIFICATION SIGN REQUIREMENTS. THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS: Section 1. Section 20-37-5.C.4 of the Otsego City Code (Business Identification Sign Requirements) is hereby amended to read as follows: 4. - Business Identification Signs. Total sign area shall not exceed fifteen (15) percent of the total front building facade except that both front and side facades shall be counted on a comer lot. Signs chosen to comprise the total gross sign area shall be consistent with the following provisions: a. Freestanding. Not more than one (1) double sided freestanding sign. Sign area may not exceed one hundred (100) square feet each side with a maximum height of twenty (20) feet except that for signs abutting the Interstate 94 corridor, the principal structure height requirements of the applicable zoning district shall apply. b. Wall, Canopy or Marquee. Not more than one (1) wall, canopy or marquee sign per building. However, on corner lots, two (2) such signs shall be allowed, one (1) per street frontage. Individual sign area shall not exceed one hundred (100) square feet. C. Advertising messages shall not comprise more than twenty-five (25) percent of any freestanding or wall sign. Section 2. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this day of 1997. CITY OF OTSEGO M ATTEST: Larry Fournier, Mayor BY: Elaine Beatty, City Clerk/Zoning Administrator 2 N W^OM% NORTHWEST ASSOCIATED CONSULTANTS INC VNI111IM0 COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Bob Kirmis DATE: 10 February 1997 RE: Otsego - Zoning Ordinance: Administrative Permits/Approvals FILE NO: 176.08 - 96.18 Attached please find a proposed amendment to the Zoning Ordinance which would establish an administrative permit procedure for various applications which currently require City Council approval. The amendment reflects specific recommendations of the Planning Commission made at the Planning Commission's previous 4 February meeting. The following is a listing of specific ordinance changes which would result from ultimate amendment adoption. ITEM (SECTION) PROPOSED CHANGE Time extension for conditional Changed to allow administrative approval subject to use permits (Section 20-4-6) the following conditions: 1) maximum of one extension; and 2) maximum sixty (60) day limit Time extension for variances Changed to allow administrative approval subject to (Section 20-5-4) the following conditions: 1) maximum of one extension; and 2) maximum sixty (60) day limit Time extension for temporary Changed to allow administrative approval subject to dwelling units (Section 20-16- the following conditions: 1) maximum of one 2.E) extension; and 2) maximum sixty (60) day limit 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 Erection of model homes Changed to allow administrative approval. Model (Section 20-20-2) home intentions should be identified as part of subdivision review Off-street parking surfacing Changed to allow administrative approval exceptions for industrial uses (Section 20-22-4.H.12.c.4) Reduction to loading berth Changed to allow administrative approval subject to sizes for non-residential uses the following condition: applicant demonstrate (Section 20-23-6.A) ability to provide "full size" berth if need arises. Reduction to required number Changed to allow administrative approval subject to of loading berths (Section 20- the following condition: applicant demonstrate 23-7.D) ability to provide required number of berths if need arises Temporary sale of farm Changed to allow administrative approval _ products produced "on-site" (Section 20-26-8.B)-' Indoor limited retail sales Changed to allow administrative approval subject to accessory to allowed uses in same conditions as currently imposed the B -C District (Section 20-66- 5.C) This material is scheduled for City Council consideration on 24 February. pc: Elaine Beatty Jerry Olson Andy MacArthur Larry Koshak ORDINANCE NO. 97 - CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE OTSEGO ZONING ORDINANCE ADDRESSING ADMINISTRATIVE APPROVALS. THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS: Section 1. Section 20-4-6 of the Otsego Zoning Ordinance (Cancellation of Conditional Use Permits) is hereby amended to read as follows: 20-4-6: CANCELLATION OF CONDITIONAL USE PERMITS: A. Unless otherwise specified by the City Council at the time it is authorized, a conditional use permit shall be null and void and expire if the applicant fails to utilize such conditional use permit and fulfill each and every condition attached thereto within one (1) year from the date of its authorization unless a petition for an extension of time in which to complete or utilize the use has been granted by the Zoning Administrator provided that: 1. The extension is requested in writing and filed with the City at least thirty (30) days prior to the expiration of the initial conditional use permit request. 2. The request for extension states facts demonstrating that a good faith attempt has been made to complete or utilize the use or activity permitted in the conditional use permit. 3. A maximum of one (1) extension shall be granted. 4. The extension shall not exceed sixty (60) days from the initial conditional use permit expiration date. B. There shall be no charge for the filing of petition for the extension described in Subsection A, above. Section 2. Section 20-5-4 of the Otsego Zoning Ordinance (Lapse of Variance) is hereby amended to read as follows: 20-5-4: LAPSE OF VARIANCE: A. Unless otherwise specified by the City, if within one (1) year after granting a variance the use as allowed by the variance shall not have been initiated or utilized, then such a variance shall become null and void unless a petition for an extension of time in which to complete or utilize the variance has been granted by the Zoning Administrator provided that: 1. The extension is requested in writing and filed with the City at least thirty (30) days prior to the expiration of the initial variance request. 2. The request for extension states facts demonstrating that a good faith attempt has been made to complete or utilize the variance that has been granted.. 3. A maximum of one (1) extension shall be granted 4. The extension shall not exceed sixty (60) days from the initial variance expiration date. B. There shall be no charge for the filing of a petition for the extension described in Subsection A, above. Section 3. Section 20-16-2.E.9.d of the Otsego Zoning Ordinance (Temporary Dwelling Unit Processing) is hereby amended to read as follows: d. If the work authorized under a permit has not been initiated within sixty (60) days after the date of issuance, the permit shall be null and void except in cases when a time extension is granted in conformance with Section 20-16-2-E.13 of this Chapter. 2 Section 4. Section 20-16-2-E.13 of the Otsego Zoning Ordinance (Temporary Dwelling Unit Permit Expiration) is hereby amended to read as follows: 13. Permit Expiration. a. The temporary dwelling unit permit shall expire ninety (90) days from the date of permit issuance or within three (3) weeks after the date of certificate of occupancy permit issuance for the principal residential dwelling, whichever first occurs, unless a petition for an extension of time has been granted by the Zoning Administrator and provided that: 1) The extension is requested in writing and is filed with the city at least thirty (30) days prior to the expiration of the initial permit. 2) The request for extension states facts demonstrating that a good faith attempt has been made to complete or utilize the permit that has been granted. 3) A maximum of one (1) extension shall be granted. 4) The extension shall not exceed sixty (60) days from the initial permit expiration date. b. There shall be no charge for the filing of a petition for the extension described in Subsection A, above. Section 5. Section 20-20-2 of the Otsego Zoning Ordinance (Model Homes Procedures) is hereby amended to read as follows: 20-20-2: PROCEDURE: The erection of a model home(s) shall require approval of an administrative permit as regulated by Section 9 of this Chapter. Section 6. Section 20-22-4.H.12.c.4 of the Otsego Zoning Ordinance (Off -Street Parking Surfacing Requirements) is hereby amended to read as follows: (4) For industrial uses which experience frequent heavy equipment utilization which could be expected to destroy or damage required surfacing materials, an exemption to the surfacing requirements may be allowed by an administrative permit pursuant to Section 9 of this Chapter and provided that: 3 (a) General public and employee access driveways and parking areas shall not be included in the exemption. (b) At such time as the presence of heavy equipment is reduced or eliminated, the surfacing of exempted areas shall be completed in compliance with this Chapter. (c) All other performance standards related to parking and driveways shall be met. (d) The provisions of Section 20-9-2.D of this Chapter are considered and determined to be satisfied. Section 7. Section 20-23-6.A of the Otsego Zoning Ordinance (Loading Space Size Requirements) is hereby amended to read as follows: A. Non -Residential Developments. Unless otherwise specified in these zoning regulation's, 'the first loading berth shall be not less than seventy (70) feet in length and additional berths required shall be not less than thirty (30) feet in length and all loading berths shall be not less than ten (10) feet in width and fourteen (14) feet in height, exclusive of aisle and maneuvering space. Reductions to loading berth size may be granted by the Zoning Administrator upon demonstration of need. Section 8. Section 20-23-7-D of the Otsego Zoning Ordinance (Loading Space Reductions) is hereby amended to read as follows: D. Space Reductions. Subject to the review and processing of an administrative permit as regulated by Section 9 of this Chapter, the Zoning Administrator may reduce the number of required off-street loading spaces when the use can demonstrate in documented form a need which is less than required. In such situations, the Zoning Administrator may require land to be reserved for loading space development should use or needs change. Section 9. Section 20-26-8.B of the Otsego Zoning Ordinance (Temporary Sale of Farm Products) is hereby amended to read as follows: B. Other Zoning Districts. The temporary, seasonal sale of products produced solely on the site of the respective farm may be allowed in zoning districts other than Agriculture A-1 Districts subject to the approval of an administrative permit provided that: 51 1. The standards and requirements as specified in Subsection 20-26- &A are complied with. 2. The provisions of Section 20-9-2.D of this Chapter are considered and determined to be satisfied. Section 10. Section 20-66-3A of the Otsego Zoning Ordinance (B -W District Uses Allowed by Administrative Permit) is hereby amended to add the following: C. Indoor limited retail sales accessory to allowed uses provided that; 1. Location. a. All sales are conducted in a clearly defined area of the principal building reserved exclusively for retail sales. Said sales area must be physically segregated from other principal activities in the building. b. The retail sales area must be located on the ground floor of the principal building. 2. Sales Area. The retail sales activity shall not occupy more than fifteen (15) percent of the gross floor area of the building. 3. Access. The building where such use is located to one having direct access to a collector or arterial level street without the necessity of using residential streets. 4. Hours. Hours of operation are limited to 6:00 AM to 10:00 PM. 5. Adequate parking is provided for the retail sales activity in compliance with Section 22 of this Chapter. 6. The provisions of Section 20-9-2.131 of this Chapter are considered and determined to be satisfied. Section 11. Section 20-66-5.0 of the Otsego Zoning Ordinance (B -W District Conditional Uses -Accessory Indoor Limited Retail Sales) is hereby deleted in its entirety. 5 Section 12. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this day of CITY OF OTSEGO M ATTEST: Larry Fournier, Mayor BY: Elaine Beatty, City Clerk/Zoning Administrator 0 1997. CITE' OF OTSEGO RLVliLS1 POR COUtNCIL A(- I IVA AGENDA SECTION: DEPARTMENT: MEETING DATE I 6. Bob Kirmis, Asst. City Planner FEBRUARY 24th,1997 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB, CC 6.4. Kenneth and Patricia Zimmer 1. A Conditional Use Permit to allow relocation of a building (home) BACKGROUND: This item came before the P.C.for Hearing on 2/19/97. After Hearing and discussion the Planning Commission voted unanimously to approve the C.U.P. (See attached Findings of Fact) Sorry, the P.C. minutes are not available as meeting was last night. The reason this is on the Council Agenda now is that Kenneth and Patricia Zimmer need a home and the move in home is waiting. They want to get it moved in before weight restrictions are placed on the roads. STAFF RECOMMENDATION: Staff Recommendation is approval of the following: 1. A Conditional Use Permit to allow relocation of a building (Home) contingent on the Administrative 1 per 40 split being done by and deed restriction by the Zoning Administrator. Thank you, Elaine FEB -20-1997 07:56 NAC 612 595 9837 P.02i0? N Wwxe",%� NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKBT RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Bob Kirmis DATE: 20 February 1997 RE: Otsego - Zimmer CUP FILE NO: 176.02 - 97.02 Attached please find a findings of fact applicable to the Zimmer conditional use permit request. Please note that the findings reflect the Planning Commission's recommendation on the matter. This item is scheduled for City Council consideration on 24 February PC: Elaine Beatty Andy MacArthur Lary Koshak 5775 WAYZATA BOULEVARD, SUITE 1558 ST. LOUIS PARK, MINNESOTA 5S4 1 6 PHONE O 1 2-393-9030 FAX 451 2-898-1:1837 FEB -20-1997 07:57 1N RE: NAC 612 595 9837 P.03/077 CONDITIONAL USE PERMIT APPROVAL CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA FINDINGS OF FACT AND DECISION Application of Kenneth and Patricia Zimmer for a conditional use permit to allow a relocated single family residence to lie upon an existing lot of record within the City. On 24 February 1997, the Otsego City Council met at its regularly scheduled meeting to consider the application for the conditional use permit. Based on the application, the recommendation of the Planning Commission, and the evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT 1. The applicant is requesting a conditional use permit to allow a relocated single family residence to lie upon an existing lot of record. 2. The subject property is zoned A-1, Agricultural Rural Service. 3. The placement of a relocated single family residence is a conditionally permitted use in the City. 4. The legal description of the property is as follows: See Attached Exhibit A 5. Section 20-4-2.17 of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the proposed conditional use permit. The seven effects and findings regarding them are: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive plan. The proposed use will be compatible with adjacent properties. As such, the use Is consistent with the intent of the Comprehensive Plan and the property's A-1 zoning designation. FEB -20-1997 07:57 NAC 612 59s 9837 P.04i07 b. The proposed use's compatibility with present and future land uses of the area. The enforcement of building code requirements shall ensure compatibility with surrounding uses. In consideration of the residence's condition, design type, and applicable building code requirements, the proposed use will be compatible with present and future land uses in the area. C. The proposed use conforms with all performance standards contained herein (i.e., parking, loading, noise, etc.). The proposed use will conform to all applicable performance standards. d. The proposed use's effect on the area in which it is proposed. The proposed use will not tend to or have an adverse effect upon the area in which it is proposed. e. The proposed use's impact upon property values of the area in which it is proposed. The proposed use will not tend to depreciate area property values. f. Traffic generation by the proposed use in relation to capabilities of streets serving the property. Traffic generated by the proposed use is within the capabilities of Maciver Avenue which serves the property. g. The proposed use's impact upon existing public services and facilities including parks, schools, streets and utilities, and its potential to overburden the City's service capacity. The proposed use will not overburden the City's service capacity. 6. The planning report, dated 10 February 1997 prepared by Northwest Associated Consultants, Inc., is incorporated herein. 7. On 19 February 1997, 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 2 FEB -20-1997 07:58 NAC 612 595 9837 P.05/07, recommended that the City Council approve the conditional use permit based on the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinance, the applicant's request for a Conditional Use Permit to relocate a single family residence to an existing lot of record is approved in its present form and subject to the following stipulations: 1. The Zoning Administrator approve the "one per 40" split necessary to create the lot on which the relocated residence is to be situated. 2. The relocated residence comply with all applicable requirements of the State Building Code. This item should be subject to further comment by the City Building Official_ 3. The relocated structure meet all applicable A-1 District setback requirements. 4_ The relocated residence comply with applicable A-1 Zoning District height requirements (2.5 stories or 45 feet). 5. The relocated structure is ready for occupancy within six months from the date of location on the site. 6. The City Building Official and/or City Engineer determine that the site in question can satisfactorily accommodate a well and septic system. 7. The applicant provide proof to the City that the house move is to be performed by a licensed mover in accordance with applicable State requirements. 8. The applicant notify the City of the route and the exact timing of the move. 9. A performance security is posted in an amount determined appropriate by the Zoning Administrator. The security should reflect anticipated improvement costs (foundation work, etc.). 91 FEB -20-1997 0?:58 NAC 612 595 9837 P.06/0? ADOPTED by the Otsego Council this 24th day of February 1997. CITY OF OTSEGO By: ATTEST: Larry Fournier, Mayor By. Elaine Beatty, City Clerk/Loning Administrator 4 FEB -20-199? 07 59 NAC 612 595 9837 P.07i0"- ATTACH PROPERTY LEGAL DESCRIPTION HERE TOTAL P.07 City of Otsego Engineer's Agenda Items City Council Meeting February 24, 1997 8.1 ACCEPT RESOLUTION APPROVING FEASIBILITY REPORT FOR 85TH STREET PROJECT AND STORMWATER DRAINAGE STUDY FOR PORTIONS OF THE HALL'S POND WATERSHED Find accompanying this item a Resolution for accepting the report, and ordering preparations of plans and specifications. The Resolution also accepts the stormwater drainage study as a plan for management of stormwater in this area as defined in the study. Even though the only portion being ordered for design is 85th Street and the Trunk stormwater facilities, the intent is to accept all of the report as an overall plan for dealing with the storm water drainage issues in the area. The cost of the feasibility study, field survey and plans and specifications will be reimbursable under the MSA construction funding program. Land appraisals and R.O.W. purchase and damages payments are also funded through the MSA program. It is conceivable that if all of the above can be accomplished in 1997, the project could be bid and constructed in 1998 and 1999. Financing the project will be born through assessments and with the MSA funding. We recommend passage of the resolution by the Council. 8.2 RECONSIDER THE SEWER AND WATER ISSUES These items have been placed on the Engineer's Agenda for reconsideration based on new information received in the interviews with the Bonding Consultants. 8.3 ANY OTHER ENGINEERING BUSINESS agenda2.24 EXHIBIT 8.1 RESOLUTION NO. RESOLUTION RECEIVING REPORT AND ORDERING PREPARATION OF PLANS (85th Street and Hall's Pond) WHEREAS, pursuant to resolution of the Council adopted April 8, 1996, a report has been prepared by Hakanson Anderson Associates, Inc. with reference to the improvement of 85th Street NE between Page Avenue NE and a point 700 feet east of Nashua Avenue NE by reconstructing the street to Municipal State Aid Standards and the proposed storm sewer system for the land adjacent to 85th Street NE which lies in the Hall's Pond Storm Sewer District, and this report was received by the Council on February 24, 1997. AND WHEREAS, the report indicates in a preliminary way that the improvement and portions of the improvement are necessary, cost-effective and feasible. AND WHEREAS, the Council, in its judgement, has determined that the preparation of Plans and Specifications will provide helpful information in determining the desirability and feasibility of a portion of the project, said portion of the project being the following: 1. Roadway construction of 85th Street between Page Avenue NE and a point 700 feet east of Nashua Avenue NE and, 2. Storm sewer pipe construction located within the proposed Right of Way limits of 85th Street from Page Avenue NE to a point 700 feet east of Nashua Avenue NE and, 3. A regional pond located in the SW A of the NE'/4 of Section 21, adjacent to 85th Street. AND WHEREAS, costs associated with the preparation of the report and preparation of the plans and specifications are reimbursable to the City through the Municipal State Aid account, AND WHEREAS, the Council has determined that information contained in the report would be useful in establishing a basis for determining storm sewer impact fees for the Hall's Pond Watershed District, said fees being subject to change over time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO, MINNESOTA: 1. The Council accepts the report prepared by Hakanson Anderson Associates, Inc. and, 2. The Council orders Hakanson Anderson Associates, Inc. to prepare Plans and Specifications for that portion of the project described above to provide more detailed information to the Council and, 3. The Council considers the information contained in the report useful in establishing a basis for determining storm sewer impact fees for the Hall's Pond Watershed District, said fees being subject to change over time. Adopted by the Council this day of , 1997. I��u�Li Clerk CITY OF OTSEGO Mayor Bonestroo t� Rosene Anderlik & Associates Engineers & Architects February 21, 1997 Bonestroo. Rosene, Anderlik and Associates, lnc. is an Affirmative Action/Equal Opportunity Employer Principals: Otto G. Opportunity P.E. • Joseph C. Anderlik, PE. • Marvin L. Sorvala PE • Richard E. Turner, PE. Glenn R. Cook, PE. • Thomas E. Noyes. PE. • Robert G. Schunicht. PE, Jerry A. Bourdon, PE. Robert W Rosene. PE. and Susan M. Eberlin, CPA., Senior Consultants Associate Principals: Howard A. Sanford. PE. • Keith A. Gordon, P.E. • Robert R. Pfefferle, PE. Richard W Foster. PE. • David O. Loskota. P.E. • Robert C. Russek, A.I.A. • Mark A. Hanson, PE. Michael 7. Rautmann, PE. • Ted K.Field. P.E. • Kenneth P. Anderson, PE. • Mark R. Rolls, PE. Sidney P Williamson, PE., L.S. • Robert F. Kotsmith Offices. St. Paul. Rochester, Willmar and St. Cloud, MN • Mequon, WI Honorable Mayor and City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Re: Wastewater Treatment Supplemental Report Proposal for Engineering Services BRA File No. 970073 Dear Mayor and Council Members: We are pleased at this opportunity to submit our proposal for professional engineering services to prepare the Supplemental Report for Wastewater Treatment Facilities in the City of Otsego. This letter describes our proposal in the following sections: Project Understanding Issues Not Affecting the Supplemental Study Service to Hassen Project Approach Work Plan Schedule Compensation Project Understanding The Cities of Otsego and Dayton seek to determine the feasibility of constructing joint wastewater treatment facilities. A Facilities Plan prepared in June, 1996 estimated the cost of a 400,000 gal/day facility to be $3.9 million, with capacity to serve portions of Otsego, Dayton, and the Town of Frankfort for approximately 10 years. More recently, the Frankfort area served by the facility has been incorporated into the City of St. Michael; the service area in Otsego has been reduced; and the flow from Dayton in the 2335 West Highway 36 ■ St. Paul, MN 55113-3898 ■ 612-636-4600 future may be increased. The net effect of these changes on the treat revision in its capacity and costs. treatment facility isa The Facility Plan is to be ended by a sup revisions. Further, the report aismto address conceplemental report that addresses these two cities on purchased capacity, cost sharing, rns such as the agreement between the financial analysis will be included to determine equi ed numberdisosaj Of sludge from the facility. A the appropriate connection fee to meet the debt requirements of the f connections and requires MPGA approval to be eligible for certain fundingproject. The plan Pro gt'ams. Issues Not Affecting the Supplemental Study Other project issues that are not to be re-evaluated in l the supplemental affect the scope of work of the study are; study and do not 1. Selected treatment process 2. Project site I Receiving water for the treated effluent These three issues are discussed briefly. Selected Treatment Process The June 1996 Facilities Plan identified the activated sludge process as t treatment process. This process is considered a mechanical plant, as Opposed stabilization pond that uses minimal mechanical equipment compared t sludge pposed to a 8 process. The Facilities Plan also evaluated another t P ° an activated process (trickling filters) and land application of treated effluent.type of mechanical plant The cost-effectiveness of the activated sludge process will not be affected capacity revision. With the capacity adjustment being considered in the su tal study, the activated sludge process is still recommended, by a small emen and flexibility for future upgrade. based on costs, effluentlquality, significant changes are made in the study,ent such astreatinethe reals may be cost-effective if approximate site location. required effluent quality or the Project Site Although a final site is yet to be determined, the study can proceed and develop Plant descriptions, layout, and cost estimates based on the approximate study will establish the necessary accurate area of the site, which is useful duringsiteselect one I The site selection will affect the cost of conveyance facilities, however, including the cost of the outfall pipe to the river. Also affected will be the costs of piping to deliver Dayton flows to the plant. Thus, the final cost selected. estimate and cost sharing will require that a site be Receiving Water for the Treated Effluent The 1996 Facilities Plan recommended that treated effluent be discharged to the Crow River. Effluent quality requirements were established by MPCA at normal levels that are attainable without advanced treatment methods. The supplemental study will be based on the Crow River as the receiving water for the plant discharge. Service to Hassen During the preparation of this proposal, the Town of Hassen indicated an interest in Participating in the study and perhaps being served by the project. However, it is recommended that the supplemental study be conducted based on the currently defined area of service. While the needs of Otsego and Dayton and the interest of these two cities in developing a project are well-defined, those of Hassen are not. should first be established for certain area capacity and cost parameters; then ,the possible i i advantages of expanding the service can be explored. This approach will streamlinthe scope and schedule of the supplemental study. Project Approach Our project approach is twofold. First, we will provide necessary services to revise the capacity, description, and costs of the project and to meet the scope of work requirements identified in the February 6 memorandum from City Engineer Lawrence Koshak to the Mayor and Council. Included in this first phase is the description and estimated costs of the recommended treatment facility, an estimate of cost sharing, and an estimate of Otsego connection fees and other charges to cover treatment costs. This phase will conclude with (1) the preparation of a Supplemental Report which will be presented to the City Council at a regular meeting, and (2) discussion of the Report conclusions at a public information meeting at a later date. The second phase will be necessary only if the project appears feasible and affordable. Pending acceptance of the recommended project at the council and public information meetings, we will submit the Report to the MPCA along with the portions of the June, 1996 Facilities Plan that evaluate alternatives. Then, we will respond to MPCA comments as necessary to get MPCA approval of the Report and its recommendation. This phase will be necessary to meet the requirements for project funding through the State Revolving Loan Fund and other possible funding programs. Included in this phase will be preparation of an environmental assessment worksheet (EAW), documentation of the need to replace on-site systems with a centralized treatment facility, and identification of the owning/operating entity of the facilities. MPCA will also require a public hearing after the recommended project has been established. Work Plan Our project approach becomes the basis of our detailed work plan. The individual tasks included in our work plan are: Phase 1: Prepare Supplemental Report Task 1.1: Conduct Engineering Analysis 1.1.1 Tabulate design flows from the two cities 1.1.2 Develop the size and capacity of all units in the activated sludge process 1.1.3 Develop the size and capacity of Class A sludge facilities 1.1.4 Develop the size and capacity of Class B sludge facilities 1.1.5 Prepare cost estimates of activated sludge process 1.1.6 Prepare cost estimates for Class A and Class B sludge options 1.1.7 Estimate sludge quantities and land disposal requirements 1.1.8 Establish plan for expanding the facilities in the future 1.1.9 Estimate cost sharing between the two cities Task 1.2: Conduct Mid -Course Meeting 1.2.1 Prepare technical memo containing results of Task 1.1 1.2.2 Distribute technical memo to council members 1.2.3 Conduct mid -course meeting to discuss contents of the memo 1.2.4 Revise plan, costs, sludge disposal plan, etc. as necessary Task 1.3: Prepare and Present the Final Report 1.3.1 Report contents: Executive summary Introduction Design conditions Detailed description of facilities and processes Drawing of facilities layout Sludge disposal plan Cost estimates and cost sharing Agreement between cities Financial analysis Number of connections expected Impact of expected connections on cost recovery 1.3.2 Deliver twenty (20) copies of the Report 1.3.3 Present Report at Council Meeting 1.3.4 Attend public information meeting Phase 2: Gain Project Approval for Funding Task 2.1: Gain MPCA Approval of the Facilities Plan 2.1.1 Submit Report to MPCA 2.1.2 Prepare EAW and submit to MPCA 2.1.3 Collect information for needs analysis that will: a. Document condition of on-site systems b. Establish need for centralized treatment system 2.1.4 Provide written response to MPCA questions and concerns 2.1.5 Conduct public hearing for the recommended project 2.1.6 Receive MPCA approval of the project Schedule We propose to conduct the supplemental study according to the following schedule: Task Weeks after receiving notice to proceed: Prepare Technical Memorandum No. 1 2 Conduct Mid -Course Meeting 3 Prepare Final Report 4 Present Report at Council Meeting 5 Compensation We propose to complete the Supplemental Report and provide the services described in our work plan above for the lump sum amounts listed below. Phase I: Prepare Report, Attend Council and Public Meetings $ 4,900 Phase II: Respond to MPCA requirements for approval $ 2,800 TOTAL- Phases I and II: $ 7,700 Thank you for allowing us to propose on this project. If there are any questions about this proposal, please call Tom Noyes or myself at (612) 636-4600 anytime. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. 4-c�J K 4-LeAd Ted K. Field, P.E. MUNICIPAL OF CITY OF OTSEGO C A S H C 0 N T R 0 L NAME OF FUND BALANCE _ RECEIPTS DISBURSEMENTS BALANCE GENERAL FUND $ 500,767.17 $ 49,647.92 $ 162,424.23 $ 387,990.86 FIRE FUND FUND 53,194.70 3,215.08 0.00 56,409.78 PARK DEVELOPMENT FUND -50,901.48 373.01 953.75 -51,482.22 !NSURANeE RESERVE FUND SECURITY DEPOSITS FUND . 0.00 . 0.00 -6,649.06 0.00 0.00 CAPITAL EQUIPMENT FUND -6,050.83 0.00 0.00 -6,050.83 ,001.15 4,215.67 59,631.25 210,585.57 PACKARD AVE CONSTRUCTION FUND 0.00 0.00 0.00 0.00 BUILDING CONSTUCTION FUND FUN@30,690.99 0.00 0.00 130,690.99 MSA CONSTRUCTION FUND 127,872.60 3,189 .30 0.00 131,061-90 WATERSHED PROJECT FUND FUND 7,871.20 0.00 0.00 7,871.20 PROJECT 94 -2 -37TH & ODEAN FUN010,732.40 0.00 0.00 10,732.40 ISLAND VIEW PROJECT 95-01 FUND47,824.07 0.00 1,808.29 46,015.78 MISSISSIPPI SHORES FUND 48,732.73 0.00 0.00 48,732.73 G.O.BONDS OF 1996A FUND 96,052.71 0.00 0.00 96,052.71 MUNICIPAL WELL FUND -3,734.33 263.20 111.93 -3,583.06 DEVELOPMENT ESCROW FUND -11,855.32 350.00 2,728.56 -14,233.88 BUILDERS ESCROW FUND 10,198.80 300.00 0.00 10,498.80 TOTAL $1,234,045.64 $ 61,554.18 $ 227,658.01 $1,067,941.81 MUNICIPAL OF CITY OF OTSEGO 3! INTERIM FINANCIAL REPORT 4 S 6 GENERAL FUND AS OF Ot,'31/97 7 6 For the Month ended January Year-to-date 9 Variance Variance 10e Receipts: 12 Budget Actual (Favoiabie Unfavorable) Budget Actual (Unfavorable 13 14 SALES TAX PAYABLE 00 0.00 50 3.63 20i 50 3.63 0.00 . 50 3.63 2E)i 3.( 15 DAMAGE DEPOSIT PAYABLE 0.00 600.00 600.00 0.00 600.00 600.( 15 17 BUSINESS LICENSES/PERMITS 583.33 55,945.85 0.00 24,283.98) ( 583.33) 7,000.00 .85 0.00 . ( 7,000.( e DOG LICENSES 8.33 15.00 6.67 100.00 15.00 ( 85_( 19BUftbf146 PERIlff5, to SEPTIC SYSTEM PERMITS 67 229.17 , 574.51 225.00 207.84 ( 4.17) 50 1000.00 2,750.00 4,974.51 225.00 45,625. - ( 2,525.( t, WETLAND REVIEW FEES 58.33 0.00 ( 58.33) 700.00 0.00 ( 700.( s2 WEfePER. ,3 LOCAL GOVERNMENT AID 8,483.75 0.00 ( 8,483.75) 101,805.00 0.00 ( 101,805.( ,4 HOMESTEAD CREDIT 11,689.67 0.00 ( 11,689.67) 140,276.00 0.00 ( 140,276.( [5 z6 RECYCLING GRANT/AID 250.00 0.00 ( 250.00) 3,000.00 0.00 ( 3,000.( t, POLICE AID 666.67 0.00 ( 666.67) 81000.00 0.00 ( 8,000.( M5A MAbITEMANeE CHARGES FOR SERVICES -GENERAL 6,4t6.63- 416.67 0.00 0.00 416.67) ( X416.67) 77,OeO.00 5,000.00 0.60 0.00 . ( 5,000.( 30 CONDITIONAL USE/VARIANCE FEES 208.33 0.00 ( 208.33) 2,500.00 0.00 ( 2,500.( 31 32 ZONING/TEXT AMENDMENT FEE 33 83.33 00 150.00 66.67 06 1,000.00 • 150.00 ( X850.( 33 ASSESSMENT/SEPTIC SEARCHES 175.00 245.00 70.00 2,100.00 245.00 ( 1,855.( 34 35 MAPS/COPIES/MISC.SALES 41.67 140.72 99.05 500.00 140.72 X ( 359.1 36 TOPO SALES 208.33 0.00 ( 208.33) 2,500.00 0.00 ( 2,500.( 37 REeREAfION FEES 36 INTEREST EARNINGS 58 833.33 00 5,571.71 58) 4,738.38 2,575.()e 10,000.00 5,571.71 ( 4,428.1 39 DONATIONS 0.00 775.00 775.00 0.00 775.00 775.( 40 41 FRANCHISE FEES 591.67 0.00 ( 591.67) 7,100.00 0.00 ( 7,100.( a2 OTHER/MISCELL - 50.00 0.00 ( 50.00) 600.00 0.00 ( 600.( eLEAN UP DAY 43 44 CITY HALL RENT 00 416.67 . 900.00 483.33 5,000.00 900.00 4,100.( 45 Total Revenues 97,800.83 49,647.92 ( 48,152.91)1,173,610.00 49.647.92 46 a7 Other Financing Sources 46SALE OF INVESTMENTS 0.00 0.00 49 SOI51 52 53 54 551 561 ?7. M' I. FUND IPAL OF CITY OF OTSEGO IM FINANCIAL REPORT Ab Ut- V1/31191' For the Month ended January Year-to-date Variance Vari< Budget Actual (Unfavorable) Budget Actual Unfavc Disbursements= WAGES & SALARIES 2,737.50 1,925.00 812.50 32,850.00 1,925.00 30 EMPLOYER CONTRIB-SOC.SEC. 169.58 119.35 50.23 2,035.00 119.35 1 SUPPLIES -GENERAL 0.00 157.10 ( 157.10) 0.00 157.10 MISCELLANEOUS 108.33 0.00 108.33 1,300.00 0.00 1 M1LtAUt/1KRVtL DUES & MEMBERSHIP 16.67 325.00 0.00 20.00 16.67 305.00 200.00 3,900.00 0.00 20.00 3 EDUCATION/TRAINING/CONF. 137.50 390.74 ( 253.24) 1,650.00 390.74 1 ADMINISTRATION WAGES & SALARIES 7,280.00 6,730.37 549.63 87,360.00 6,730.37 80 UVEMIME EMPLOYER CONTRIB-PERA 596.67 357.33 0.00 416.52 ( 696.67 59.19) 8,:360.00 4,288.00 0.00 416.52 a 3 EMPLOYER CONTRIB-SOC.SEC. 494.58 381.42 113.16 5,935.00 381.42 5 EMPLOYER - EMPLOYER CONTRIB-MEDICARE 115.58 89.21 26.37 , 200.00 1,387.00 548.04 89.21 6 1 EMPLOYER CONTR.-S.TERM 40.50 63.00 ( 22.50) 486.00 63.00 SUFFLitZD SUPPLIES -GENERAL 1,000.00 41.67 250.80 290.99 ( 749.15 249.32) 12,000.00 500.00 250.85 290.99 ti INSURANCE 1,625.00 0.00 1,625.00 19,500.00 0.00 19 SMALL TOOLS & MINOR PARTS 12.50 0.00 12.50 150.00 0.00 MISCELLANEOUS 0.00 35.95 ( 35.95) 0.00 35.95 ItLtHHUNt MILEAGE/TRAVEL 375.00 16.67 361 .06 0.00 13.94 16.67 4,500.00 200.00 361.06 0.00 4 RECORDING FEES 41.67 0.00 41.67 500.00 0.00 NtWt>LL11tK MAPS 416.6" 250.00 400.00 0.00 16.67 250.00 5,000.00 3,000.00 400.00 0.00 4 3 PRINTING & PUBLISHING 583.33 124.95 458.38 7,000.00 300.00 124.95 t5O.t50 6 DUES & MEMBERSHIP EDUCATION/TRAINING/CONF. 25.00 125.00 150.00 0.00 125.00i 125.00 1,500.00 0.00 1 CLEAN UP DAY 666.67 0.00 666.67 4t.67 8,000.00 500.00 0.00 8 UUMIRACIED SERVICES R & M EQUIPMENT 41.67 41.67 0.00 0.00 41.67 SOO.00 0.00 RENTALS 625.00 929.67 ( 304.67) 7,500.00 929.67 6 PLANNING COMMISSION Mi .IPAL OF CITY OF OTSEGO INTERIM FINANCIAL REPORT FUND Variance P Budget Actual (Unfavorable) Budget Actual Unfav Disbursements: WAGES & SALARIES 258.33 0.00 258.33 3,100.00 0.00 3 OTHER PAY 0.00 1,250.00 ( 1,250.00) 0.00 1,250.00 ( 1 EMPLOYER CONTRIB-MEDICARE 3.67 0.00 3.67 44.00 0.00 SUPPLIES -GENERAL 8.33 0.00 8.33 100.00 0.00 ASSESSOR WAGES & SALARIES 1,081.50 1,000.00 81.50 12,978.00 1,000.00 11 EMPLOYER CONTRIB-SOC.SEC. 67.08 62.00 5.08 805.00 62.00 EMPLOYER CONTRIB-MEDICARE 15.50 14.50 1.00 186.00 14.50 ENGINEER PROFESS SERVICES -ENGINEER 0.00 10,938.70 ( 10,938.70) 0.00 10,938.70 ( 10 PLANNER PROFESS SERVICES -ENGINEER 4,991.67 0.00 4,991.67 59,900.00 0.00 59 PROFE5$ 5ERVIeE5 PLANNER FINANCE 0.00 9,248.07 9,248.07) 0.00 9,248.0? 9 WAGES & SALARIES 3,948.50 4,089.60 ( 141.10) 47,382.00 4,089.60 43 ett!TRIB PERA EMPLOYER CONTRIB-SOC.SEC. t:76.92 244.83 t69.49 234.54 7.43 10.29 2,12S.00 2,938.00 169.49 234.54 i 2 EMPLOYER CONTRIB-HEALTH 161.50 180.35 ( 18.85) 1,938.00 180.35 1 EMPLOYER CONTR.-S.TERM 11.50 28.00 ( 16.50) 138.00 28.00 OFFICE SUPPLIES 8.33 0.00 8.33 100.00 0.00 PRINTED FORMS 41.67 0.00 41.67 500.00 0.00 MILEAGE/TRAVEL 4.17 0.00 4.17 50.00 0.00 DUES & MEMBERSHIP 12.50 0.00 12.50 150.00 0.00 EDUCATION/TRAINING/CONF. 20.83 0.00 20.83 250.00 0.00 MISC. OTHER CHARGES 8.33 . 0.00 8.33 100.00 , 025.00 0.00 RECYCLING LEGAL SERVICES 2,726.25 3a MUNICIPAL OF CITY OF OTSEGO INTERIM FINANCIAL REPORT FUND Variance Var Budget Actual (Unfavorable) Budget Actual Unfav Disbursements: PROFESS SERVICES -LEGAL 2,500.00 14,494.80 ( 11,994.80) 30,000.00 14,494.80 15 ECONOMIC DEVELOPMENT AUTHORITY EMPLOYER CONTRIB-PERA 31.25 13.74 17.51 375.00 13.74 EMPLOYER CONTRIB-SOC.SEC. 43.17 19.02 24.15 518.00 19.02 tMFLUYtH �,UNIKib-HLACIN EMPLOYER CONTRIB-MEDICARE 28-50 10.00 0.00 4.45 2s.50 5.55 342.00 120.00 0.00 4.45 EMPLOYER CONTR.-S.TERM 2.00 0.00 2.00 24.00 0.00 UF�-IUL t>UFFLILt MILEAGE/TRAVEL 8.73-1 12.50 0.00 0.00 8.33 12.50 100.00 150.00 0.00 0.00 PRINTING & PUBLISHING 41.67 0.00 41.67 500.00 0.00 EDUCATION/TRAINING/CONF. 41.67 0.00 41.67 500.00 0.00 CONTRACTED SERVICES 166.67 0.00 166.67 2,000.00 0.00 2 MISC. 01HER CHARGES CITY HALL 8.33 0.00 a. 3�� 100.00 0.00 WAGES & SALARIES 180.00 0.00 180.00 2,160.00 0.00 2 tMPLUYLK UUMIKIU-SUU.�DtU. EMPLOYER CONTRIB-MEDICARE 11.17 2.67 V.VV 0.00 Lt.!/ 2.67 i34.00 32.00 0.00 0.00 SUPPLIES -GENERAL 54.17 47.34 6.83 650.00 47.34 UNIFORMS 0.00 61.70 ( 61.70) 0.00 61.70 2 UTILITIES 958.33 714.28 244.05 11,500.00 714.28 10 uRr�dRut ttKvlut CLEANING SERVICES 104.1/ 791.67 102.72 628.08 1.475 163.59 1,200.00 9,500.00 102.72 628.08 i 8 CONTRACTED SERVICES 333.33 0.00 333.33 4,000.00 0.00 4 R & M BUIDING 125.00 0.00 125.00 1,500.00 0.00 1 R & M IMP.OTHER THAN BLDG 41.67 0.00 41.67 500.00 0.00 HtNIRLb MISC. OTHER CHARGES 3,758.33 45.83 33,547 .44 0.00 29,189.11) 45.83 4,5, 100. vv 550.00 33,547.44 0.00 ii EQUIPMENT 0.00 315.10 ( 315.10) 0.00 315.10 CONTRACTED SERVICES 8,395.00 24,455.00 ( 16,060.00) 100,740.00 24,455.00 76 BUILDING INSPECTOR UUNIKILIUItU btKVIUtb 2,4".33 1, 67 3.33 785.00 29,500.00 1,67�5.5? 27 ANIMAL CONTROL MUNICIPAL OF CITY OF OTSEGO INTERIM FINANCIAL REPORT FUND Variance Varia Budget Actual (Unfavorable) Budget Actual (Unfavo Disbursements: CONTRACTED SERVICES 258.33 0.00 258.33 3,100.00 0.00 3, HIGHWAYS, STREETS & ROADWAYS OVERTIME 498.08 0.00 498.08 5,977.00 0.00 5,' EMPLOYER CONTRIB-PERA 302.67 365.65 ( 62.98) 3,632.00 365.65 3, EMPLOYER CONTRIB-HEALTH 516.67 390.38 126.29 6,200.00 390.38 5, EMPLOYER CONTRIB-MEDICARE 98.00 117.02 ( 19.02) i.77) 1,176.00 418.00 117.02 a6.60 1, GAS & OIL 34.83 966.67 36.60 3,048.73 ( 2,082.06) 11,600.00 3,048.73 8, SUPPLIES -GENERAL 41.67 308.33 1,128.50 0.00 ( 1,086.83) 308.33 500.00 9 1,128.50 0.09 ;3, N50RANer: OPERATING SUPPLIES 208.33 0.00 1,630.77 ( 208.33 630.77) 2,500.00 12,000.00 0.00 1,630.77 2, 10, REPAIR & MAINTENANCE SUP. 1,000.00 49.90) 1,560.00 i;Z�3._30 , UNIFORMS SMALL TOOLS & MINOR PARTS iso.00 41.67 ±73.9e 0.00 41.67 500.00 0.00 4.00 MISCELLANEOUS 32.50 4.00 28.50 390.00 UTILITIES 216.67 365.68 ( 149.01) 2,600.00 365.68 2, SAND AND GRAVEL 1,250.00 0.00 1,250.00 950.00 15,000.00 11,409.00 0.00 0.00 15, 11, tAtf SALT AND SAND MIX 950.06 1,687.50 E).oe 6,020.16 ( 4,332.66) 20,250.00 6,020.16 14, CULVERTS 250.00 0.00 250.00 3,000.00 0.00 3, R & M EQUIPMENT 0.00 393.39 ( 393.39) 0.00 393.39 RENTALS 416.67 0.00 416.67 5,000.00 0.00 5, SEALCOATING 2,314.25 0.00 2,314.25 27,771.00 0.00 27, EQUIPMENT 1,702.08 10,212.35 ( 8,510.27) 20,425.00 10,212.35 10, UTILITIES 883.33 1,247.85 ( 364.52) 10,600.00 1,247.85 9, RECREATION PROGRAMS 2,918.50 21 EMPLOYER CONTRIB-PERA 0.00 121.84 ( X121.84) 0.00 121.84 EMPLOYER CONTRIB-SOC.SEC. 0.00 200.50 ( 200.50) 0.00 200.50 EMPLOYER CONTRIB-MEDICARE 0.00 46.89 ( 46.89) 0.00 46.89 FUND Disbursements= EMPLOYER CONTR.-S.TERM CONTRACTED SERVICES MUi 1PAL OF CITY OF OTSEGO INTERIM FINANCIAL REPORT Variance Varia Budget Actual (Unfavorable) Budget Actual Unfavc 0.00 36.60 ( 36.60) 0.00 36.60 ( 1,560.42 0.00 1,560.42 18,725.00 0.00 18, PARKS MAIMILMA! 1,508.00 332.00 1,176.00 18,096.00 332.00 17, WAGES & SALARIES 64.67 0.00 64.67 776.00 0.00 OVERTIME 97.50 0.00 97.50 1,170.00 0.00 1, EMPLOYER CONTRIB-SOC.SEC. $3.33 0.00 83.33 1,000.00 0:00 11 EMPLOYER CONTRIB-HEALTH 5.67 0.00 5.67 68.00 0.00 EMPLOYER CONTR.-S.TERM 83.33 139.90 ( 56.57) 1,000:00 139:90 GAS & OIL 100.00 0.00 100.00 1,200.00 0.00 1 REPAIR & MAINTENANCE SUP. 208.33 2,371.38 ( 2,163.05) 2,500:00 2,371:38 PROFESS SERVICES -ENGINEER 02 16.67 0.00 16.67 200.00 0.00 PRINTING & PUBLISHING 16.67 0.00 16.67 200.00 0:00 DUES & MEMBERSHIP 366.67 0.00 366.67 4,400.00 0.00 4 CONTRACTED SERVICES 112.50 0.00 112.50 1,350.00 0.00 1 RENTALS0.00 233.33 0.00 233.33 2,800.00 0.00 2 RECREATION PROGRAMMING HERITAGE PRESERVATION 25.00 0.00 25.00 300.00 0.00 SMALL TOOLS & MINOR PARTS 41.67 0.00 41.67 500.00 0:00 MISCELLANEOUS 250.00 0.00 250.00 3,000.00 0.00 3 CONTRACTED SERVICES OTHER FINANCING USES OTHER FINANCING USES -OPERATING TRANSFERS 7,308,33 0.00 ( 7,308.33 87.700.00 0.00 87 1.01 2 161,279.52 6:3.478.69)1.173,610.00 3 Total Disbursements 97.800.83 161 279 52 Other Financing Uses 0.00 PURCHASE OF INVESTMENTS 0.00