03-24-97 CCCITY OF OTSEGO
UEST FOR COUNCIL ACTION
11 AGENDA SECTION: DEPARTMENT: MEETING DATE II
4.1. GARY GROEN - Update on February Financial Information
March 24,1997 -
6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC
BACKGROUND:
Attached you will find:
1. Cash Control
2. Interim Financial Report (General Fund)
3. Interim Financial Report (Fund Disbursements)
RECOMMENDATION:
Gary Groen will be at this meeting to go over the above information
and answer any questions or concerns you have.
Thank you,
E aine
MUNICIPAL OF CITY OF OTSEGC
rA 3 U C O N T R O L
For the Period 02/01/97 to 02/28/97
BEGINNING
TOTAL
TOTAL
ENDING
NAME OF FUND
BALANCE
RECEIPTS
DISBURSEMENTS
BALANCE
IN7,99n
GyFNFRcaI FIn
8E�
F�(�,BF,�, 48
1 81 843 48
$ 367 012 5
ROAD & BRIDGE FUND
0.00
0.00
0.00
O.0
FIRE FUND FUND
PARj< nFvFt naMFNT EUND
56,409.78
0.00
000
0.00
994-65
56,409.7
-52,476.6
INSURANCE RESERVE FUND
6,649.08
0.00
0.00
6,649.0
SECURITY DEPOSITS FUND
0.00
0.00
0.00
O.0
C-APTTAI FQIITPMFNT ElJNn
83
0-00
0.00
-6.050.5
DEBT SERVICEFUND
210,585.57
0.00
0.00
210,585.E
PACKARD AVE CONSTRUCTION
FUND 0.00
0.00
0.00
0.0
BjiTl nTNG n NGT JrTTnN Ft1Nn
F1JN'M30. 90 99
0-00
0-00
130 690,G
MSA CONSTRUCTION FUND
131,061.90
0.00
0.00
131,061.17-
31,061.EWATERSHED
WATERSHEDPROJECT FUND FUND
7,871.20
0.00
0.00
7,871.2
pRn TFr T qd' 7TH R nrEAN
Fl 1Nn 10, 732 40
0-00
o.00
_ 10,732_4
ISLAND VIEW PROJECT 95-01
FUND46,015.78
0.00
0.00
46,015.7
MISSISSIPPI SHORES FUND
G_ n RC)Nn-- nF Fl INn
48,732.73
9F, 052 71
0.00
0-00
0.00
0-00
48,732.7
96.052 .7
MUNICIPAL WELL FUND
-3,583.06
0.00
128.19
-3,711.2
DEVELOPMENT ESCROW FUND
-14,233.88
900.00
2,688.84
-16,022.E
TOTAL
$1,067,941.81
61,765.48
$ 85,655.16
$1,044,052.1
co
0
C
1,
A
t
it
MUNICIPAL OF CITY OF OTSEGO
INTERIM FINANCIAL REPORT
2
3
GENERAL FUND
4
3
Variance
6
Favorable
7
:
Budget
Actual
(Unfavorable
6
Receipts:
9
BLDG PERMIT SURCHG PAYABL
0.00
315.50315.50
10
SALES TAX PAYABLE
0.00
13.06
13.06
11
DAMAGE DEPOSIT PAYABLE
0.00
600.00
600.00
12
PROPERTY TAXES
722,758.00
35,945.85
(
686,812.15
13
BUSINESS LICENSES/PERMITS
7,000.00
75.00-T-6,925.00
14
DOG LICENSES
100.00
25.00
(
75.00
is
BUILDING PERMITS
50,000.00
6,785.84
(.:
-'43,214.16
16
SEPTIC SYSTEM PERMITS
2,750.00
450.00
(
2,300.00
17
WETLAND REVIEW FEES
700.00
0.00
(
700.00
le
WEIGHT PERMITS
50.00
0.00
(
50.00
19
LOCAL GOVERNMENT AID_
101,805.00
0.00
(
101,805.00
20
HOMESTEAD CREDIT
140,276.00
0.00
(
140,276.00
21
DISASTER AID
6-.,896.00
0.00
(..
6-,896.00
22
RECYCLING GRANT/AID
3,000.00
1,044.55
(
1,955.45.
23
POLICE AID
8,000.00
0.00
(
8,000.00
24
MSA MAINTENANCE
77,000.00
36,878.50
(
40,121.50
25
CHARGES FOR SERVICES -GENERAL
5 ,000.00
0.00
(
5,000.00:
26--
CONDITIONAL USE/VARIANCE:.' FEES
2,500.00
400.00
(
' 2_,.100.00,
27
SUBDIVISION FEES
1,000.00
0.00
(
1,000.00,
ze
ZONING/TEXT AMENDMENT FEE
1,000.00
150.00
(
850.00,
29
ASSESSMENT/SEPTIC SEARCHES
2,100.00
350.00
(
1,750.00'
30
SNOW PLOWING
1,100.00
180.00
(
920.00,
31
MAPS/COP IES/MISO`.SaLES
500.00
184.92
315.08,
32
TOPO SALES
2,500.00
0.00
(
2,500.00"
33
RECREATION FEES'
2,575.00
0.00
(
2,575.00;
34
INTEREST EARNINGS
10,000.00
5,646.64
4,353.36,
38
DONATIONS
0.00
1,415.00
1,415.00
36
OLD CITY HALL/PEAVEY HSE RENT
9,300.00
1,710.00
(
7,590.00;
37
FRANCHISE FEES
7,100.00
8,285.02
1,185.02
36
OTHER/M-.ISCELL
600.00
0.00
(
600.00,
39
CLEAN... UP DAY
3,000.00.:.
0.00
(
'. 3,000.00;
40
REFUNDS & REIMBURSEMENTS
0.00
8,638.52
8,638.52
41
CITY HALL RENT
5,000.00
1,420.00
(
3,580.00
42
Total Revenues 1,173,610.00
110 513.40
1,063,096.60;
43
44
Other Financing Sources -
4s
SALE OF INVESTMENTS
0.00
46
TRANSFERS FROM OTHER FUNDS
0.00
47
48
49
SO
51
52
53
54
SS
S6
7
F
Cl)
0
L
i
MUNICIPAL OF CITY OF OTSEGO
TK1Tr:'0TM FTK1nh1r--rn1 Pponpr
'
AS
OF 02/28/97
2I3
4
5
Variance
e
Favorable
7
Budget
(Unfavorable)
e
Disbursements:
`actual
9
�0
CITY COUNCIL
72,410.00
5,845.95
66,564.05
„
ADMINISTRATION
188,566.00
21,922.08
166,643.92
,2
13.
ASSESSOR
14 ,750 ..00
2,242.60
12,.507 .40
14
ENGINEER
52,000.00
15,527.64
36,472.36
,5
FINANCE
61,431.00
19,869.81
41,561.19
17
17
RECYCLING
36,000.00
5,335.00
30,665.00
is
19
ECONOMIC DEVELOPMENT AUTHORITY
14,790.00
37.21
14,752.79
20
CITY HALL
79,276.00
38,026.13
41,249.87
z,
22
BUILDING INSPECTOR
29,500.00
3,915.38
25,584.62
23
ANIMAL CONTROL
3,100.00
0.00
3,100.00
za
25
STREET LIGHTING
10,600.00
2,647.86
7,952.14
26
RECREATIONPROGRAMS
18,725.04
6,919.48
11,805.52
27
28
HERITAGE PRESERVATION
4,800.00
0.00
4,800.00
.9
OTHER FINANCING USES
87,700.00
0.00
87,700.00
30
.
31
32
33
34
PURCHASE OF INVESTMENTS
0.00
35
TRANSFERS TO OTHER FUNDS
0.00
36
38
Beginning Cash Balance500,767.17
'.
39
40
41
Cash Balance as of 02/28/97
367,867.67
42
43
-
44
45
46
47
48
49
50
51
52
53
4
35
56
7
f
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE
5. CONSENT AGENDA (Non -Controversial Items) March 24,1997 -
6:30PM
I TEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB , CC
5.1. Approve merit raises for City Employees
BACKGROUND:
For your information, at budget time 3% merit raises were figured into
the budget for hourly paid City Employees, with the exception
of 73 cents per hour for the Secretary to bring that position up to
$10.00 per hour. This will be retro -active to January 1, 1997 and
include overtime hours.
RECOMMENDATION:
Recommendation is to approve the 3% merit raises for hourly paid
employees and 73 cents per hour for the Secretary position as noted
above as they are in the budget. The hourly employees have had their
job evaluations by department heads. The department heads have been
evaluated by the Public Works and Administrative Sub -Committees and
the determination is the raises are merited.
Thank you,
Elaine
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
DEPARTMENT MEETING DATE
CONSENT AGENDA
March 24, 1997
ITEM NUMBER:
ITEM DESCRIPTION: PREPARED BY:
5.2
Clean Up Day Judy Hudson, Deputy Clerk
Attached is a report showing the City's cost of past Clean up Days. The numbers have been,
basically, even throughout the last few years. I talked to the Recycling Coordinator at Wright
County and there will be a reimbursement again for this year's Clean Up Day (same as 1996).
Figures not included in the Reports are employee wages.
There is a decrease this year for appliances, from $10.00 to $8.00. The 1997 budgeted amount
for Clean Up Day is $3,000.00.
A change this year will be the handling fee for steel. Each pull will cost $130.00 but the City will
be credited for the dollar amount received for the steel. In discussing this with the Vendor,
Superior Services, it should be about a break even situation. Because of this, we must be firm
about all the people that are there taking the metals - they won't be able to do this. This must be
enforced by all of us if we see this being done.
I have lined up all of the vendors. Pat Sawatzke has lined up the Sentence to Serve Group for us.
I have also discussed Clean Up Day with Dave Chase.
Advertisements will be in the Elk River Star News and the Otsego View.
STAFF RECOMMENDATION
Approve the May 3, 1997 Clean Up Day Prices which are outlined on the attached form
and be there to help. This is such a great opportunity for Councilmembers to meet their
community's residents!!!
CLEAN UP DAY
SATURDAY
MAY 3, 1997
9AMto2PM
ARCA (Applicance Recycling) $8.00 $8.00
(decease of $2 from last year)
Air conditioners $15.00 $15.00
National Tire Service
Car Tires
$1.00
$1.00
Light Truck Tires
$1.00
$1.00
Large Truck Tires
$8.00
$5.00
Tractor Tires
$8.00
$5.00 and up
(tractor tires
charged at discretion of staff)
Innertubes
$ .50
1.00
Bike Tires
$ .50
1.00
Motorcycle Tires
$ .70
1.00
D.K. Refuse
Scrap metal
No Charge
No Charge
Batteries (vehicle)
No Charge
No Charge
Demcon Disposal
Disposal of household goods No Charge
$125 a pull plus landfill costs
Mattresses, box springs
$15.00 each $10.00
Sofas, recliners
(anything containing springs) $7 item $5.00
FA
1996 CLEAN UP DAY REPORT
NAME OF VENDOR
ITEM
NUMBER
OF ROLL OFFS
TONNAGE
AMOUNT
AMOUNT
COLLECTED
AMOUNT "'
PD
DIFFERENCE
ARCA
A licances
180 units
13.6 tons
$1,267.00
$1 800.00$533.00
DEMCON
Hauling
8 - 30 yards
$0.00
$1,000.00
$1,000.00
SUPERIOR LANDFILL
Household
140 Spring Items
$956.00
$3,021.87
$2,065.87
Items
FIRST STATE TIRE
Tires
736 tires
$911.00
$917.00
$6.00
OSI ENVIROMENT
Oil Filters
1 drum
$50.00
$50.00
$0.00
Oil
920 gallons
3.3948 tons
$0.00
$0.00
D & K REFUSE
—Scrape steel
6 - 30 yards
46,1100 lbs
$0.00
$0.00
$0.00
Batteries
168 batt
$0.00
$0.00
$0.00
Scrape Alum
136 lbs
$0.00
$0.00
$0.00
TOTAL RECYCLERS
326+
MISCELL COSTS
Food
$95.64
$95.64
ADVERTISING
3 Times - Ad
$268.20
$268.20
TOTALS
$3,134.001
$7152.71
$4,018.71
ean96.wks
Prepared by Judy Hudson, Deputy Clerk
1990
1991
1992
1993
1994
1995
1996
of Rec clers
398
82
400+
400+
335
350
326
Expenses
non available
$860.00
$8,126.00
$7,480.00
$10,080.99
$7,448.00
$7,152.71
Receipts
non available
$717
$2,615.60
$2,231.00
$3,346.50
$3,531.00
$3,134.00
Re. from County
None
None
None
None
$200.00
$2,354.00
$1,457.50
COST TO CITY
$143.00
$5,510.40
$5,249.00
$6,534.49
$1,563.00
$2,561.21
A rox. amts
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE
6.BOB KIRMIS, ASST. CITY PLANNER March 24,1997 -
6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB , CC
6.1. Consider Resolution for 85TH ST Feasibility Report.
BACKGROUND:
This item was on the March 10, 1997 Council Agenda and tabled to this
agenda to allow Staff and the Developer of Heritage Hills a chance to
discuss this.
RECOMMENDATION:
Recommends Council approval of Resolution for accepting 85TH ST
Feasibility Report.
Thank you,
Elaine
William S. Radzwill
Andrew J. MacAtthur
Michael C. Couri
Megan M. McDonald
March 5, 1997
City
City
C/o
8899
Elk
Council Members
RADZWILL & CO URI
Attorneys at Law
705 Central Avenue East
PO Bax 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
of Otsego
Elaine Beatty, City Clerk
Nashua Avenue NE
River, MN 55330
RE: Resolution Accepting Feasibility Study- 85th Street
Dear Council Members:
Enclosed please find a proposed Resolution Accepting Feasibility
Study For 85th Street. Acceptance of the Feasibility Study in no
way commits the City to go ahead with the project or to expend
additional funds. It does, however, create a basis for the City's
imposition of its storm sewer impact fees, and establishing an
escrow amount for road assessments on the Heritage Hills proposed
development, if approved.
I think that the City should require that the estimated assessment
amount as set forth in the Feasibility Study be placed in a Letter
of Credit for assurance of payment of those assessments. The
Developer's Agreement should contain a waiver of any assessment
appeal up to the amount of the escrow, but preserve the City's
right to assess more than that amount should the actual benefit to
the property exceed that amount. The Developer's right to appeal
any portion of the assessment above the escrowed amount would also
have to be preserved. I think that there also needs to be a
reasonable time limit on how long the money can be held, based upon
a projected time table for reconstruction of the roadway.
I am therefore recommending that the City receive the feasibility
study at this time by passing the enclosed resolution. There
appears to be concern about ordering Plans and Specifications at
this time, and the extent of what is to be ordered. Ordering Plans
and Specifications can be done in a future resolution.
Letter to Otsego City Council
March 5, 1997
Page 2
I will be available to discuss this matter at the City Council
meeting on Monday, March 10.
Ver ul you ,
drew Mac ur
RADZWIL % COURI
Encl.
cc: Larry Koshak, Hakanson Anderson
Bob Kirmis, NAC
Richard Kincanon
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.
RESOLUTION RECEIVING REPORT ON FEASIBILITY OF PROPOSED BITUMINOUS
STREET RECONSTRUCTION OF 85TH STREET AND STORM SEWER SYSTEM FOR
LAND ADJACENT TO 85TH STREET NE AND LYING WITHIN THE HALL'S POND
STORM SEWER DISTRICT.
WHEREAS, pursuant to resolution of
April 8, 1996, a report has been
Associates, Inc. with reference to
NE between Page Avenue NE and a
Avenue NE by reconstructing the
Standards and the proposed storm se
to 85th Street NE which lies it
District; and
the Otsego City Council adopted
prepared by Hakanson Anderson
the improvement of 85th Street
point 700 feet east of Nashua
street to Municipal State Aid
Baer system for the land adjacent
the Hall's Pond Storm Sewer
WHEREAS, this report was received by the Council on March 10, 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, costs associated with the preparation of the report, and
any preparation of plans and specifications later ordered, 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; and
WHEREAS, the Council has determined that the information contained
within the report regarding proposed assessments will be useful in
determining a proposed escrow amount for assessments to that
proposed subdivision currently pending before the City known as
Heritage Hills, if approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO,
MINNESOTA:
1. The Council accepts the report prepared by Hakanson Anderson
Associates, Inc.
2. The Council considers the information contained in the report an
acceptable basis for establishing storm sewer impact fees for the
Hall's Pond Watershed District, said fees being subject to change
s
over time.
3. The Council considers the information contained in the report as
an acceptable basis for establishing escrowed assessment funds for
the benefited parcel, that proposed plat of Heritage Hills
presently requesting City approval. It is understood that the City,
by establishing this amount as escrow, in no way limits itself to
assessing only that amount contained within the report should it be
determined at a later date that the actual benefit to the property
is a larger amount.
ADOPTED BY THE OTSEGO CITY COUNCIL this day of March, 1997.
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Larry Fournier, Mayor
Elaine Beatty, City Clerk
L
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 97-6
RESOLUTION RECEIVING REPORT ON FEASIBILITY OF PROPOSED BITUMINOUS
STREET RECONSTRUCTION OF 85TH STREET AND STORM SEWER SYSTEM FOR
LAND ADJACENT TO 85TH STREET NE AND LYING WITHIN THE HALL'S POND
STORM SEWER DISTRICT.
WHEREAS, pursuant to resolution of
April 8, 1996, a report has been
Associates, Inc. with reference to
NE between Page Avenue NE and a
Avenue NE by reconstructing the
Standards and the proposed storm se
to 85th Street NE which lies ir.
District; and
the Otsego City Council adopted
prepared by Hakanson Anderson
the improvement of 85th Street
point 700 feet east of Nashua
street to Municipal State Aid
wer system for the land adjacent
the Hall's Pond Storm Sewer
WHEREAS, this report was received by the Council on March 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, costs associated with the preparation of the report, and
any preparation of plans and specifications later ordered, 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; and
WHEREAS, the Council has determined that the information contained
within the report regarding proposed assessments will be useful in
providing information to the public at any subsequent improvement
hearing relative to this project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO,
MINNESOTA:
1. The Council accepts the report prepared by Hakanson Anderson
Associates, Inc.
2. The Council considers the information contained in the report an
acceptable basis for establishing storm sewer impact fees for the
Hall's Pond Watershed District, said fees being subject to change
I N -
over time.
3. The Council considers the information contained within the
report regarding proposed assessments as useful for providing
information to the public at any subsequent improvement hearing
relative to this project.
ADOPTED BY THE OTSEGO CITY COUNCIL this 24TH day of March, 1997.
IN FAVOR:
Larry Fournier, Mayor, Vern Heidner, Council Member, Suzanne
OPPOSED: Ackerman, Council Member, Virginia Wendel, Council MEmber, and
Mark Berning, Council MEmber
/No "One'Opposed
CITY OF OTSEGO
Larry urn er, Mayor
laine Beatty, City Cler
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE
6.BOB KIRMIS, ASST. CITY PLANNER March 24,1997 -
6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB, CC
6.2. Richard Kincanon and Dennis Chuba (Heritage Hills Development)
Owner Alvin F and Germaine Beaudry. PID #118-500-213100 property
located on 85TH ST SW of Odean Avenue NE, Sec. 21, Twp. 121, R.23.
Request is as follows:
A. Preliminary Plat approval for Heritage Hills Plat
BACKGROUND:
This item was on the March 10, 1997 Council Agenda and tabled to this
agenda to allow Staff and the Developer of Heritage Hills a chance to
discuss this. Andy MacArthur has discussed this project with the
Developer and their Attorney Mr. Howse. Mr. MacArthur will fill the
Council in on their discussion. Attached are P.C. Minutes and letter
of Feb. 20th from NAC. P.C. unanimously approved this Preliminary
Plat Approval for Heritage Hills Plat.
RECOMMENDATION:
Recommends Council approval of Preliminary Plat for Heritage Hills
with the conditions as set forth by NAC's February 12, 1997 Report and
one additional condition #8. A determination is made by the City
Engineer that the required wetland delineation does not adversely
impact the -plat design and buildable area.
Th k you,
laine
William S. Radzwill
indrew J. MacArthur
Michael C. CouH
Megan M; McDonald
March 18, 1997
RADZWILL & CO URI
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
City Council Members
City of Otsego
c/o Elaine Beatty, City Clerk
8899 Nashua Avenue NE
Elk River, MN 55330
RE: Heritage Hills Preliminary Plat
Dear Council Members:
Since the last Council meeting I have met by telephone conference
call with the Developer and their attorney regarding the project
and the proposed escrow for road assessments and storm water impact
fees. We also discussed review of the preliminary plat.
Between the time that I wrote the last letter to the City Council
and now, specifically on March 6, the Minnesota Supreme Court
issued their opinion in Country Joe Inc. v. City of Eagan, No.
C8-95-2289, Supreme Court of Minnesota, filed March 6, 1997. This
case involved the imposition of road impact fees by the City of
Eagan as a condition of issuance of a building permits. Such fees
were placed in a general road maintenance fund. The Supreme Court
determined that these fees were not specifically authorized by any
statute, unlike fees established under a specific statute such as
storm water fees which are authorized by Minn. Stat. 444.
The Supreme Court also focused on the fact that the fees being
collected were not closely enough related to any particular road
project.
The proposed escrow for assessment for the Heritage Hills plat was
to be based upon the engineer's estimate of the assessment of the
benefit to the property upon which the plat of Heritage Hills is
located by construction of 85th Street. This was based upon the
assumption that the 85th Street project would proceed as
contemplated. After the last Council meeting it was unclear to me
Letter to Otsego City Council
March 19, 1997
Page 2
as to whether or not that will, in fact, happen. It also appeared
that if the project is to proceed it may proceed in another
version.
Based upon a conservative interpretation of the above cited case,
and the degree of uncertainty that surrounds the issue of whether
or not 85th will actually be constructed and when, I must withdraw
my previous recommendation that the Developers be required to
include the specific amount estimated in the Feasibility Study as
part of the Letter of Credit. Without a clearly defined assessment
amount it would also be inequitable to ask the Developer's to waive
their assessment appeal up to that amount.
I do not think that this case stands for the proposition that
Developer's cannot be required to provide financial assurances for
improvements outside of the plat. Rather, I think that they can and
should, in situations where there proposed development necessitates
improvements in overall City facilities due to the impact of that
particular development. In this case, it is obvious that
improvement of 85th Street will benefit the plat of Heritage Hills.
It also appears, however, that City review of the project has not
focused on this impact. It is also clear that a decision as to
whether or not to proceed with 85th Street will not be made until
after the improvements within this plat have been constructed.
This case does not have any application to the storm water impact
fees which have been established by the City pursuant to Minn.
Stat. - 444.
I have enclosed with this letter a proposed Resolution Accepting
the Feasibility Study for 85th Street. The language regarding the
assessment amount has been removed. I think that the Council can go
ahead and consider passage of this Resolution if they feel that
this is appropriate.
I recommend that the City proceed with review of the Preliminary
Plat. The outstanding issues will be either resolved prior to Final
Plat, assuming preliminary plat approval, or will be presented to
the Council at the time that the Final Plat is reviewed.
I will be available to ask any questions you might have at the
regularly scheduled City Council meeting on March 24, 1997.
Very truly yours,;
fes.
Andrew
RADZWILL,_.fc COURI
Letter to Otsego City Council
March 19, 1997
Page 3
Encl.
cc: Bob Kirmis, NAC
Larry Koshak, Hakanson Anderson
Craig Howse, Attorney at Law
Richard Kincanon
Dennis Chuba
NORTHWEST ASSOCIATED CONSULTANTS
INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
MEMORANDUM
TO: Otsego Mayor and City Council
FROM: Bob Kirmis
DATE: 20 February 1997
RE: Otsego - Heritage Hills Preliminary Plat
FILE NO: 176.02 - 96.25
At their 19 February 1997 meeting, the Planning Commission recommended approval of
the Heritage Hills preliminary plat. Aside from the seven conditions listed in our office's
12 February 1997 report, the Planning Commission has recommended that the following
additional item be imposed as a condition of plat approval:
8. A determination is made by the City Engineer that the required
wetland delineation does not adversely impact the plat design and
buildable area.
As you may be aware, existing climatic conditions prevent the applicant/developer from
delineating the exact boundaries of the subject site's wetlands. While it is anticipated such
wetlands lie completely within designated plat drainage easements, the additional
condition recommended by the Planning Commission is considered an appropriate
protective measure.
This matter is scheduled for City Council consideration on 10 March.
pc: Elaine Beatty
Larry Koshak
Andy MacArthur
Heritage Landing Development
Lynn Caswell
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6
PHONE 6 1 2-595-9636 FAX 5 1 2-595-9837
CITY OF OTSEGO
PLANNING COMMISSION NIEETING
FEBRUARY 19, 1997
8:00 PNI
1. Chair Swenson will call P C mwdagja-or�
Chair Swenson called the Planning Commission Meeting to order at 8:00 PM.
ROLL CALL:
Present: Chair; Carl Swenson, Commission members; Eugene Goenner, Jim Kolles, Bruce
Rask, Ing Roskaft, and Richard Nichols. Arleen Nagel, excused absence.
Staff: Bob Kirmis, City Planner, Elaine Beatty, City Clerk/Zoning Administrator,
Jerry Olson, Building Official, Carol Olson, Secretary.
Council Representative, Vem Heidner
Present: Mayor; Larry Fournier, Councilmembers; Suzanne Ackerman, Mark Berning
2o cideration of the P__g_ .lannin �.sir'� :SS n Minutes �f February S_ 1997:
.,i i
Bruce Rask motioned to approve the Planning Commission Minutes of February 5, 1997.
Ing Roskaft seconded. All in favor. Motion carried.
'idea Ave ►I
'equest is as follows:
Chair Swenson went over the applicant's request.
Mr. Kirmis - Heritage Landing Development prepared a preliminary plat entitled Heritage
Hills consisting of 38 lots. This 64.5 acre site lies south of 85th Street and west of Odean
Avenue. This property was recently rezoned from A-1 to R-3 zoning designation which
allows one acre lots. Exhibit C on the screen showed the physical features that explain the
street and lot layout. Odean Avenue is a major collector street and 85th Street a minor
collector and direct driveway access to lots is discouraged. A wetland delineation will be
done by the developer when weather permits. This will be an added condition. NAC
recommends approval with seven conditions plus the wetland requirement. Mr. Kirmis
read the eight conditions of NAC's Report.
Mr. Koshak - Regarding the stormwater drainage issues, Outlot A is designated as a
regional ponding area. Properties are Vasseurs Oak Grove 3rd Addition, the west end of
Walesch Addition and undeveloped land with the watershed behind it. When the wetlands
are delineated the water table can determined. The wetland delineation is an important
contingency to this plat.
Lynn Caswell We have worked with staff to come up with the
John Oliver & Associates, Inc. design of the plat and are willing to work with the
city regarding the ponding.
PLANNING COMMISSION MEETING of February 19, 1997 cont'd Page 2
Chair Swenson - At this time the hearing was opened to the public.
Jim & Eileen Gerads Concerned with complaints about mobile homes and
NE 85th Street mobile home owners being pushed out.
Chair Swenson went over the public hearing procedure and explained the public will have
another opportunity to comment. Chair Swenson asked Planning Commission for any
questions or comments.
Eugene Goenner - Asked Mr. Koshak if Ochoa could be taken to Odean instead of a cul-
de-sac.
Mr. Koshak - The developer and engineers have discussed that a number of times. The
grade and slope there makes that difficult. We want to serve this property without an
access onto Odean Avenue.
Chair Swenson - Took hearing back to the public. No one wish to be heard.
Chair Swenson closed the public hearing.
Eugene Goenner - In the southwestern comer where drainage easement is, what is being
done to protect the existing file line serving Vasseurs Estates at this time.
Mr. Koshak -When converted to residential property the ponding area will be delineated
the 100 year flood level will be set and anything over that will be controlled in outlet by a
storm sewer pipe. The tile is basically a private tile, it is broken and actually blocked and
services only that property. The major drainage plan is to find a ponding area and an
overflow to Halls Pond. The pond size is based on the full development of the area and is
part of the trunk storm sewer facilities.
Lynn Caswell - Addressing Exhibit C on the screen, Mr. Caswell showed the ponding and
tiling areas. We do not expect a negative impact.
Eugene Goenner motioned to approve Heritage Hills Preliminary Plat with the
conditions, including the wetland delineation. Richard Nichols seconded. All in
favor. Motion carried unanimously.
Elaine Beatty - This will be on the City Council Meeting of March 10, 1997, at 6:30 PM.
HEARING -Applicant Kenneth & Patricia Zimmer, Owner of the prope
Harold Zimmer & Kenneth Zimmer- Propedy, is loeated on MacIver Ave NE 8�
S nd Street. PID#118,500 313201 tr nsfer of building rights. The building rights t
,)e used on PM#1 1 S-500-312200. Request hs as follows:_
A Cnndifinnal Use Permit to allow relocation of a building.
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE
6.BOB KIRMIS, ASST. CITY PLANNER March 24,1997 -
6:30PM
I TEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB , CC
6.3. Consider Cheryl Adams recommendation from P.C. Re: CUP Dog
Kennel
BACKGROUND:
This item came before the February 19, 1997 P.C. For Hearing to get
information out on this CUP as we had many complaints. At that
meeting the P.C. voted to continue this item to Feb. 5, 1997 to have
Andy, MacArthur, the City Attorney comment on same. at the P.C.
meeting of March 5, 1997 the following motion was made:
Richard Nichols motioned to recommend continuation of the Adams
Kennel CUP with the recommendation that Staff write a letter to the
CUP holders reiterating the original conditions of the CUP. Ing
Roskaft Seconded. All in favor. Motion carried unanimously.
(See P.C. Minutes on this of Feb.19th and March 5th)
RECONWENDATION:
Approve Planning Commission recommendation of continuation of the CUP
with Staff writing a letter to the Adams reiterating the original
conditions of the CUP.
Thank you,
Elaine
CITY OF OTSEGO
PLANNING COMMISSION MEETING
MARCH 5, 1997 - 8 PNI
1 hair Swenson will call P C Meeting to order:
Chair Swenson called the Planning Commission Meeting to order at 8:00 PM.
ROLL CALL:
Present: Chair; Carl Swenson, Commissioners; Arleen Nagel, Eugene Goenner, Jim
Kolles, Bruce Rask, Richard Nichols, Ing Roskaft.
Council Representative; Vern Heidner
Staff; Bob Kirmis, City Planner; Andrew MacArthur, City Attorney; Jerry Olson,
Building Official; Elaine Beatty, City Clerk/Zoning Administrator; Carol Olson, Secretary.
Mayor; Larry Fournier
2Consideration of the P C Minutes of February 19, 1997:
Ing Roskaft motioned to approve Planning Commission Minutes of February 19,
1997. Eugene Goenner seconded. All in favor. Motion carried with Arleen Nagel
abstaining.
Continue H A IN t initiated by the Otsego_Si_ty Council regarding John and
Cheryl Adams, 10377 95th Street NFA (City of Otsego) Monticello MN 55362.
PrD,j l8 o_nT #119_Qnn_14 00. The Conditional Lice Pern it for a do¢
kennel is being re -heard at the request of the City Council of Otsego A Conditional
Ilse Permit was approved by Otsego City CollHeil on July
99i for a dog kennel,
Chair Swenson explained that the hearing was continued due to questions of legality raised
by the attorney representing the kennel owners. Mr. MacArthur, City attorney, addressed
this.
Mr. MacArthur spoke with Mr. Paulson, Adams' attorney, regarding the legality of the
rehearing. Referring to a letter to the Planning Commission dated February 27, 1997, Mr.
MacArthur addressed some of the concerns from the last meeting. The City's ordinance is
patterned after Minnesota Rules. The City Council did, at its discretion, and at his
recommendation, order the rehearing. The term "violations" does not mean that it be
proven to criminal standards. The City is not required to wait until criminal convictions
are obtained. The purpose for this rehearing was to establish if there were violations of
the conditions of the CUP. Such a rehearing appeared to be the best forum to resolve
ongoing complaints regarding the facility. In answer to Planning Commission questions
raised at the February 19, 1997 meeting Mr. MacArthur went over page 2 of the February
27, 1997 letter. (see attached) The primary objective was to clear up any problems.
There still are some complaints regarding dogs barking, but in general conditions and
problems have been largely improved or remedied. In conclusion, it appears that the
facility is now operating in compliance with the conditional use permit and that there is
insufficient justification to take adverse action against the dog kennel at this time.
PLANNING COMMISSION MEETING of March 5, 1997 cont'd Page 2
Chair Swenson asked planning commission members for any questions or comments.
Eugene Goenner concerned with the summer heat asked the building inspector if shade
was available for the animals. He answered only shade from the house.
Chair Swenson opened the hearing to the public.
Butch Rasmuson - The dogs are still all together in a group and barking. Sometimes they
fight possibly looking for territory in the confinement. They are excessively barking but
not as much lately. Adams seem to have a different schedule and they don't let them bark
all day like before and they don't let them out in the cold when it is 30 below, like they did
in the last three years. These last few months they finally decided to do what this council
said.
Chair Swenson closed the public hearing and brought the discussion back to the Planning
Commission.
Ing Roskaft had questions regarding the condition of the kennels. Also he recalled that
the original CUP had a limit of 30 dogs.
Jerry Olson stated that since the first visit, larger, nicer kennels had been built inside the
garage area. Overall conditions had much improved. There were 28 dogs in the kennel
area on the last visit.
Eugene Goenner stated that according to the county kennel inspection reports there have
been up to 40 dogs. Concerned with a limit on the number of dogs, no cats, and no
exchanging or sale of animals.
Vern Heidner - The city council may never have intended to pull the permit, but some of
these issues needed to be addressed and if they refuse to meet the conditions that could
happen. Things appear to be better for now and in a couple of months we could revisit it
and possibly put on more restrictions.
Bruce Rask - Andy's letter dated February 19, 1997, (see attached) says the Planning
Commission could recommend additional relevant conditions to address the problems.
From testimony I have heard, I recommend to the board that the Adams erect a new fence
and use barking collars.
It was the consensus of the planning commission to send a letter from city staff reiterating
that we will hold them to the conditions or we would reopen the hearing and either revoke
the permit at that time or put on extra conditions as the council deems necessary.
PLANNING COMMISSION MEETING of March 5, 1997 cont'd Page 3
Richard Nichols motioned to recommend continuation of the Adams' kennel CUP
with the recommendation that staff write a letter to the CUP holders reiterating the
original conditions of the CUP. Ing Roskaft seconded. All in favor. Motion carried
unanimously.
Elaine Beatty - This will be on the city council agenda for March 24, 1997at 6:30 PM.
r
Chair Swenson - City council has requested discussion regarding the transfer of one per
forty property rights.
Mr. Kirmis - This is a result of the Barthel conditional use permit request. Question was
raised as to the desirability of not having a cap on the number of dwelling units that may
be transferred into a cluster. Originally the ordinance had a cap of two, that was removed
by the city in 1993. City council is asking the planning commission to reconsider the
clustering requirement. We are looking for direction from the planning commission. We
could investigate how other rural communities handle it or a draft amendment could be
done up.
Chair Swenson - Members thought it would be poor planning to put a cluster that large in
an Ag. area.
Richard Nichols - Asked from the standpoint of providing services, which is better clusters
or being spread out.
Mr. Kirmis - It depends how far removed the cluster is from the urban area. Generally
speaking the one per forty cluster is more expensive because they begin to demand
services that typically are not expected in an unplatted area.
Richard Nichols - With a small cluster (5 or 7 homes) I have difficulty with that. One
advantage with clustering is having one access road. Is the real issue making otherwise
land locked property available? Concerned with the extent of development in the western
part of the city. Could possibly not allow one per forty transfers where there is not direct
access.
Mr. Kirmis - When you get small sub -divisions they are less likely to be accepting of the
rural negative impact such as odors as would one per forty which is surrounded on all
sides by ag land. It is a subjective issue, do you want a rural area to be 200 acres of
nothing then a grouping of single family homes or scattered homes on 40 acre tracks.
PLANNING COMMISSION MEETING of February 19, 1997 cont'd Page 3
Chair Swenson went over the Applicant's request.
Mr. Kirmis - Kenneth and Patricia are requesting a CUP to allow a single family residence
to lie upon an existing lot of record located east of MacIver between 67th and 62nd
Streets. The home to be relocated was constructed by Fridley High School students. It is
a brand new home that has met all the building requirements. This would be a 1 per 40
split which can be approved at an administrative level. The pending split is necessary and
will be part of the nine conditions which he read. NAC recommended approval of the
applicant's request subject to the conditions listed in NAC's report dated February 10,
1997.
Elaine Beatty - Posting and publications have been met.
Chair Swenson asked if the applicants wished to speak. They did not. The hearing was
then opened to the public for comment. There was none.
Bruce Rask asked why a performance security is charged to a home owner. Thought this
should be non-restrictive and only applied to developers because they are transient.
Mr. Kirmis explained that this is policy and the intent is to ensure that the applicant does
what he indicates he will do. The applicant doesn't lose any money if they do so.
Jerry Olson, Building Official - The performance security is applied to move in homes
because once the home is set the tendency is to think the job is done. The problem is there
is still septic, grading, and a lot of outside work left to be done. The money is a useful tool
and we have needed it in the past. This is not charged on a new home because the power
of the (C.O.) certificate of occupancy is used. Unless done to city standards the C.O.,
needed at the time of closing, is not given. The amount usually runs from one to three
thousand dollars ($1,000.00 to $3,000.00). At times a letter of credit can be provided.
Chair Swenson - Going back to the public, asked if anyone wished to be heard. No one
did. Chair Swenson closed the public hearing at this time.
Richard Nichols motioned to approve the CUP subject to the nine conditions of the
NRC's Report. Ing Roskaft seconded. All in favor. Motion carried unanimously.
Elaine Beatty - This will be on the February 24, 1997, City Council Meeting at 6:30 PM.
S HEARTNr ntsegn Cit; Council regarding John & Cheryl Adams: The
Cnn ition l Use Permit for a dog kennel is being re -heard at the Cite Council's
request. Request is as follows:
A Re -Hear the Condition lise Permit which was approved July 12, 1993
PLANNING COMMISSION MEETL 1G of February 19, 1997 cont'd Page 4
Chair Swenson - The City Council has directed the Planning Commission to conduct a
rehearing of the Conditional Use Permit originally granted to Cheryl Adams for a dog
kennel facility.
Gerald Paulson, Attorney - I believe there are pertinent matters that need to be
Monticello, MN addressed to any hearing on this matter.
Representing Cheryl Adams
Chair Swenson explained - You will have an opportunity to be heard. At this time we
have a staff report by the Building Official Mr. Olson.
Jerry Olson, Building Inspector - Mr. Olson gave staff report addressing site inspections
reported in letters dated October 4, 1996, and February 19, 1997. He stated that there are
letters of complaint on file regarding the barking. Copies of all County and State kennel
inspection reports are to be forwarded to the city. That has now been done. Copies are
now on file at the city. Ms. Adams has made some improvements since the first visit.
Chair Swenson - At this time Adams representative may speak.
Mr. Paulson, Attorney - The city council has told you to rehear this Conditional Use
Permit. The CUP itself defines when it can be reheard and that is when there are gross
violations as noted on the kennel reports. There are none since the CUP was issued.
There has to be repeated violations of city ordinances. If a person is found to have
violated a city ordinance they need to have been cited, charged and adjudication before
there can be one violation much less repeated violations. The city council hasn't given
regard to its own CUP. The CUP sets the rules that everyone has to abide by. The
Adams have to abide by the rules and so does the city. The city has not met the
prerequisites for rehearing this matter. I have heard no evidence that the Adams have
been found to have violated, by a court of law, such violation is a misdemeanor, and a
person hasn't violated an ordinance till found guilty. The Wright County Humane Society
has found this operation to be in full compliance. A doctor of veterinarian medicine
indicates that this is an exceptional facility. There has been two letters of complaint since
1993 when the CUP was issued. I would anticipate that the city has investigated any
complaints and that the Adams would cooperate, but the fact that there are complaints
does not mean that violations occurred. A complaint is an allocation and it is incumbent
upon the city to determine if indeed a violation has occurred before it is given to you for a
rehearing. The Adams want to be good neighbors and comply with all the conditions of
the CUP. The Adams have indicated that they intend to erect a privacy fence as a visual
barrier to help with the barking.
Chair Swenson - The city has received numerous complaints on an ongoing basis. With
the concurrence of our legal attorney, the planning commission was asked to hear this so
we would be able to hear from the public and determine if indeed there are an violations.
PLANNING COMMISSION MEETING of February 19, 1997 cont'd Page 5
Mr. Paulson - With all due respect, this is not the forum to determine whether violations
of a city ordinance have occurred. That is in a court of law after a citation has been issued
by the police department or another agency of the city.
Chair Swenson - We have heard your comments and we have several options. As long as
the people are here we will hear them. We have the option to continue the hearing and
give us the opportunity to discuss your comments with our attorney. We may want a site
inspection. I assure you we will operate according to the ordinances and the planning
commission rules.
Chair Swenson opened the hearing to the public.
At this time the following people voiced their support for Cheryl Adams kennel operation.
They had many words of praise, respect and encouragement for the hard work that she is
doing.
Barb DeMars, Mason Avenue
Cynthia Jones, Robinsdale-worked for Hennepin Co. Humane Society
Kathy Roberts, lives within one mile of the Adams
Nancy Anderson, Mason Avenue
Jan Thompson, Zimmerman
Deb Hardkey, 99th Street
Jeff Dow, State Investigator for Mn. Federated Humane Society for 10 years., and Wright
Co. Investigator for 10 years. kennel inspector -Never found any violations of any statutes.
Dr. Jim Kurkpatrick, Cokato-performs surgeries for Cheryl.
Signie Shield, Minneapolis- worked with rescue groups
Shelly Packard, Monticello
The following spoke in opposition to the Adams kennel operation:
Butch Rasmuson, neighbor - Concerned with the housing conditions for the dogs.
Referred to the city council meeting of October 28, 1996 discussion regarding violations,
citations and possible criminal prosecution.
Mary Ann Domic, Buffalo - While visiting Mr. Rasmuson overheard the dogs barking
constantly. Concerned with care.
Russ Greninger, 10247 95th Street -Issue is, compatibility with neighbors. Biggest
complaint is barking, which has gotten better since October. Should limit number of dogs
and dogs should be from within the city.
Ken Sour, Kahler Avenue -Need is there, but questions compatibility. Fencing may help.
PLANNING COMMISSION MEETING of February 19, 1997 cont'd Page 6
John Kozat, Brooklyn Park- Manger. Riverwood-Concern is exchange taking place in
River -wood's parking lot. People calling them regarding the animal adoptions. Don't want
Riverwood to be connected.
Cheryl Adams - Addressed concerns with Riverwood. The contract has the address on it
and sometimes people come out without an appointment, our knowledge or consent.
That will be changed to a P. O. Box to help with that. Is dedicated to the animals and
wants to do what's best for all concerned. Explained that the outside time is limited to
exercise and kennel cleaning. They are monitored. Officer Hermanson has listened to
complaints and has sat out here many times and does not consider the barking a nuisance.
Officer Hermanson couldn't make it tonight, but has left that statement with the city. We
are trying to make improvements so everything can work well.
Chair Swenson - Because of the legal questions raised by Mr. Paulson, I am going to ask
for a motion to continue the hearing to the next meeting. We could have a site inspection.
Bruce Rask - Against site inspection, Jerry's job until a gross violation is determine. The
two letters from the inspector has recommendations. If the CUP doesn't have it written
out, it is hard to determine violations. Number of dogs allowed, fencing, indoor shelter,
are these conditions of the Conditional Use Permit? Can't make a ruling without written
proof of denial.
Chair Swenson - The word violation is causing a problem. In this situation our attorney
should be present to proceed.
Ing Roskaft motioned to continue hearing to the next Planning Commission
Meeting. Richard Nichols seconded. Motion carried 5 to 1 with Ing Roskaft,
Richard Nichols, Carl Swenson, Eugene Goenner, and Jim Kolles, voting to
continue. Bruce Rask opposed the motion.
Discussion:
Bruce Rask - I'll agree to continue, I'll vote either way, but if Mr. Paulson is right and it
doesn't belong here, we just cancel it. Upon Andy's letter, I would like Andy to answer
does it really belong here.
6. Any other Planning Commission Business:
Chair Swenson asked for any other Planning Commission business. There was none.
7=Adjourn•
Ing Roskaft motioned to adjourn. Bruce Rask seconded. All in favor. Motion
carried unanimously. The Planning Commission Meeting adjourned at 10:00 PM.
Kolles, Secretary Recorded by: Carol A. Olson
I04ij:tb:l �3
CITY OF OTSEGO
REV ULbl rOR COUN(I IL AU IlViN
II AGENDA SECTION: DEPARTMENT: MEETING DATE II
II6.BOB RIRMIS, ASST. CITY PLANNER March 24,1997 - II
6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB , CC
6.4 Consider Chris Bulow/Barthel Bros Dairy, Rolling Ridge Creek
Final Plat
BACKGROUND:
This item is on for final plat. We have a Memo from NAC dated March
13, 1997 Re: reviewing Rolling Ridge Creek Final Plat and stating that
the width of Lot 7 should be expanded to 150 feet. That has been
done. Also attached is a letter from Larry Koshak dated March 18,
1997 with his review and recommendation.
RECOMMENDATION:
Approval of the final plat on condition that the Engineering items
from his letter of March 18., 1997 and the Planners item of March 13,
1997 be met and the Developers agreement is completed with all the
items requested therein being complied with.
Thanks,
Elaine
Hakanson
1--111 Anderson
Assoc., Inc.
March 18, 1997
Ms. Elaine Beatty
City of Otsego
8899 Nashua Avenue NE
Otsego, MN 55330
RE: Rolling Ridge Creek
Dear Elaine:
3601 Thurston Avenue
Anoka, Minnesota 55303
612/427-5860
Fax 612/427-348+- 0520
We had reviewed the revised Grading, Drainage & Erosion Control Plans for the proposed plat.
We find the Grading, Drainage & Erosion Control Plan dated revision 3/6/97 is in general
conformance with the City's street standards, stormwater runoff policies and plating
ordinances. Our review is based on those materials submitted to us and any changes and/or
revisions to these materials submitted would invalidate this recommendation for approval.
The Developer needs to submit specific items to the City staff to complete the developer's
agreement. The developer's engineer must provide final grading, drainage and erosion control
plans, the final plan and profile of the street and cross sections of the street at 50' intervals.
Developer's engineer needs to also consolidate the final drainage calculations and submit to
our office.
The proposed plat did not show the 20' easements on the perimeter of the plat as requested
in our 12/16/96 letter. The plat shows a 10' easement instead. With submittal and
completion of the items above, we recommend approval of the preliminary plat documents and
submittal of final plans and plat by the developers.
If you have any further questions, please contact me.
Yours truly,
HAKANSO-N,ANDERSON ASSOCIATES INC.
G.,Voshak, PE
kas
cc: Chris Bulow, Developer
Norm Gartner, PE
Barthel Brothers Dairy
Andy MacArthur, Attorney
Bob Kirmis, NAC ot2180.eb2
Engineers Landscape Architects Surveyors
i
NORTHWEST ASSOCIATED CONSUIT11N�'g
INC COMMUNITY PLANNING - DESIGN - MARKIET 'RESEARCH
t! -L
MEMORANDUM
TO: File
FROM: Bob Kirmis
DATE: 13 March 1997
RE: Otsego - Rolling Ridge Creek Final Plat
FILE NO: 176.02 - 96.24
On this date, I received a revised final plat of the rolling Ridge Creek Subdivision. The plat
drawing had been revised from the previous submission to include additional drainage
easements and five additional feet of County Road 39 right-of-way dedication as
recommended by the City Engineer.
Upon review of the revised plat, I found that the width of Lot 7, Block 1 which borders
County Road 39 has been reduced in width from 150 to 145 feet (at 35 foot front yard
setback). Such lot width is less than the minimum 150 foot lot width required in the
application A-1 zoning district. It appears, however, that this issue can be easily solved
by simply shifting the southern lot line of Lot 7 to the southerly five feef. As a condition of
final plat approval, the width of Lot 7 should be expanded to 150 feet:
-w
have advised Mr. Bulow (the applicant's agent) of this issue accordingly.
PC: Elaine Beatty
Chris Bulow
David Licht
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6
PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837
CITY OF OTSEGO
VEST FOR COUNCIL AL I IUN
II AGENDA SECTION: DEPARTMENT: MEETING DATE 11
16.BOB KIRMIS, ASST. CITY PLANNER
March 24,1997 -
6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB, CC
6.5. Consider Wilfred Lindenfelser and Hilary Barry Lin -Bar II
A. Preliminary Plat
BACKGROUND:
Hearing for Lin -Bar II Final Plat was held on March 19, 1997 P.C.
Meeting. This property had previously been approved for rezoning to
PUD by the Council. Bob Kirmis gave an overview of the development.
The rezoning (use) has already been determined and asked that the
discussion be confined to the preliminary plat design issue. He felt
the engineer has done a responsible job. 70th St and Odean Ave are
both high volume streets. interior design street access is good.
Odell and 72nd future street extention is provided for. It
incorporates Lin -Bar Estates plat and is well designed and responsive
to most issues of the City. He also referred to the City Attorney's
letter. He didn't feel we should impose increased performance
standards as he felt there was not justification. He mentioned the
City Engineers letter and the items are minor which can be addressed
prior to final plat.
Bob Kirmis recommended approval with the Conditions of NAC's Report
dated March 10, 1997 and conditions of the Engineers letter of March
14, 1997. -
Attorney Ron Black spoke on behalf of Lin -Bar development and stated
exception was taken to #1 of the Conditions of NAC's Report (re-
subdivision issue). He explained PUD Zoning as second phase of 50
Acre development and explained further. They want to be treated the
same as Heritage plains Plat where no subdivision was required. More
information was presented to show how the type of home they want to
build will not fit on the subdivided lots. Attached is information
from Lin -Bar re: Preliminary plat sketch, grading, drainage and
erosion control Plan, Proposed Restrictive Covenants, Economic Study
and information on how the houses would fit on lots (drawings). Also
enclosed is City Engineers letter of March 14, 1997, Letter from City
Attorney dated March 13, 1997 and NAC's Report of March 10, 1997.
After hearing the information and much discussion the Planning
Commission motioned as follows:
6.5. (Cont.) Page 2 - Lin -Bar II Preliminary Plat
Richard Nichols motioned to approve the Preliminary Plat of Lin -Bar II
with exclusion of Item #1 of the Conditions of NAC's Report re:
Subdivision plan being submitted and with the addition of the four
items on Page #2 of the City Attorneys Letter of March 13, 1997. -
Arleen Nagel seconded the motion. Motion carried five to one with Gene
Goenner voting against the motion. Richard Nichols, Ing Roskaft, Bill
Johnson, Jim Bolles and Arleen Nagel for the motion.
Carl Swenson and Bruce Rask - excused absence.
RECOM M ENDAT ION :
Approval of Preliminary Plat. With Planning Commissions
recommendation above.
NAC's Report #1 Reads: (P.C. voted to delete:)
1. A resubdivision plan is submitted which illustrates a logical manner which the
lots could possibly be resubdivided in the future and found satisfactory by the City
Council.
P.C. voted to add #'s 1 - 4 from Andy MacArthur's letter:
1. That if City sewer service is available all properties in the plat will be
required to immediately hook up.
2. That all property owners will be notified within the covenants that they may
face higher per unit assessments for delivery of sewer and water services as a
result of homes being constructed on the middle of the lots.
3. That the restrictive covenants be drafted so that the above mentioned previsions
cannot be changes.
4. That any such provisions be included within the Developer's Agreement on the
property.
Thanks,
Elaine
LIN -BAR DEVELOPMENT, INC.
5475 PARNELL AVE. N.E.
ROGERS, MN 55374
(612) 428-8437
February 25, 1997
Ms. Elaine Beatty
Zoning Administrator
City of Otsego
8899 Nashua Ave., NE
Otsego, MN 55330
Dear Ms. Beatty:
Enclosed for filing with your office, please find Lin -Bar Development, Inc.'s submittals
in support of its request for preliminary and final plat approval of Lin -Bar Estates II.
You should review the following:
1. Preliminary plat sketch
2. Grading, drainage and erosion control plan
3. Proposed Restrictive Covenants
4. Economic Study
We believe that all of the requirements for filing have been met. However, if an item
is missing, or incomplete, would you please advise.
Thank you.
Sincerely,
LIN -BAR DEVELOPMENT, INC.
By: ie
cc: Ronald G. Black, Esq.
DECLARATION OF
COVENANIS. CONDITIONS1 C •
DRAr
THIS DECLARATION, made this of
DEVELOPMENT, INC., a Minnesota corporation, referred to as "Declarant".
1997 by LIN -BAR
WHEREAS, Declarant Lin -Bar Development, Inc. is the fee owner of the lots located in a
subdivision, entitled "Lin -Bar Estates II" (hereinafter referred to as the "subdivision") which has
been developed, the plat of which was recorded on 1997, in the office
of the County Recorder in and for the County of Wright, State of Minnesota; and
WHEREAS, the legal description of all of the lots owned by Declarant in said subdivision
is as follows, to -wit:
Lots One (1) through Ten (10), Block One (1);
Lots One (1) through Twelve (12), Block Two (2);
Lots One (1) through Ten (10), Block Three (3);
Lots One (1) and Two (2) , Block Four (4),
Lin -Bar Estates II, according to the plat thereof on file and of record in the office of the County
Recorder in and for Wright County, Minnesota, which shall hereinafter be referred to as the "lots",
and
WHEREAS, Declarant is desirous of protecting the value and desirability of the lots in the
subdivision.
NOW, THEREFORE, Declarant hereby declares all of the lots in the subdivision described
above shall be held, sold, and conveyed subject to the following covenants, conditions, restrictions
and reservations which are for the purpose of protecting the value and desirability of, shall run with
the real property and be binding upon all the parties having any right, title, or interest in the
described subdivision or any part thereof, or any additions thereto, their heirs, successors and
assigns, and shall inure to the benefit of such owner thereof.
1. Definitions. For the purpose of this Declaration, the following terms shall have the
1
following definitions, except as otherwise specifically provided:
a. Lin -Bar Estates II" shall mean and refer to the real property located in the residential
subdivision described above and any additions thereto as provided herein.
b. The "Declarant" shall mean and refer to Lin -Bar Development, Inc., a Minnesota
corporation, its successors and assigns.
C. "Lot" shall mean and refer to any individual parcel of land which is described above
and any additions thereto as shown upon the recorded plats, except outlots.
d. "Building Plat" shall mean and refer to one or more platted lots in Lin -Bar Estates
II and any additions thereto, except outlots.
e. "Owners" shall mean and refer to the record owner whether one or more persons or
entities of the fee simple title to any lot or building plat which is part of Lin -Bar
Estates II or any additions thereto.
2. Designation of Use No lot in the subdivision shall be used except for private
dwelling purposes.
3 BuildingjElgi gam. No building shall be erected, altered placed or permitted to remain
on any lot other than one (1) detached single family dwelling not to exceed two and one-half stories
in height and a private garage attached thereto which shall contain sufficient space for the parking
of at least three (3) automobiles. For purposes of building height, an exposed walkout basement
shall be considered as part of the first story of the building structure. Certain lots with suitable
topography and architectural design will be evaluated by the architectural committee to consider any
exception.
4. Dwelling Size. The following specifications apply to all Lots.
One Story
One Story with
Split Level
2
1,500 Square Feet
(finished area)
1,300 Square Feet
(finished area)
Modified Two Story 1,800 Square Feet
(Finished area)
Two -Story 2,000 Square Feet
(finished area)
5. Easements. Easements for installation and maintenance of utilities and drainage
facilities are reserved as shown on the recorded plat of this property. The owner or occupant of the
building shall, at his expense, keep and reserve that portion of the easement within his property at
all times in good repair and condition, and shall neither erect nor permit erection of any building or
structure of any kind or permit any growth of any kind within said easement which might interfere
with the use and patrolling of any of the utility services and drainage located in easement area.
6. Nuisances. No obnoxious or offensive activity or odor shall be permitted on or to
f.
escape from any building plat, nor shall anything be done thereon which is or may become an
annoyance or a nuisance, either temporarily or permanently.
7. Parking and Storage. No motorhome, camper, trailer, boat, motorcycle,
snowmobile, all -terrain vehicle, racing car, hobby or junk car, or any other form of recreational
vehicle whether motorized or not, shall be parked, placed on blocks stored or permitted to remain
on any lot unless it is located inside the garage, dwelling or attached, screened enclosure constructed
of building material matching that of the dwelling and approved by the Lin -Bar Estates II committee
as hereinafter provided.
8. Temporary Structures. No structure of a temporary character, trailer, mobile
home, basement, shack, garage, tent, barn or other similar structure or vehicle shall be used on any
lot at any time as a residence either temporarily or permanently.
9. Signa No sign of any kind shall be displayed to public view on any building plot
- except a house number sign, or name sign, of not more than one square foot, or except one sign of
not more than six square feet advertising the property for sale or rent; provided, however, that this
shall not apply to advertising signs placed on any lot by Declarant.
10. Trash Receptacles. No trash receptacles, incinerators burners, or garbage cans shall
be permitted to be placed outside of a building or structure on any building plot unless made of stone
or brick or unless hidden by an attractive screen of suitable height, or unless sunken to ground level
in a hole lined with permanent cribbing.
I I.
Animals. Only common household pets, such as dogs and cats, will be permitted
to be kept on any building plot.
12. Conservation of Site Features In order to protect the private and scenic
attractiveness of the subdivision, any building to be constructed on a lot shall be situated in such a
manner as to do the least damage to the topography and natural features of the site, and to this end,
no excavation, topographic change, or removal of any substantial tree shall be made without prior
approval of the Lin -Bar Estates II committee as hereinafter provided.
13. Fencing. No wire, chain link, or privacy fencing shall be constructed on any lot
except as otherwise permitted by law. The Architectural Control Committee must approve any and
all privacy fences prior to their construction.
14. Material Specifications Upgraded shingles shall be used such as horizon shangle
timberline or cedar shakes.
15. RQQf Pitch. All roofs on main dwelling must have a roof pitch of 7-12 or more.
16. Architectural Control. No building or structure, nor any addition or alteration
thereof, shall be constructed, altered or maintained on any portion of any building plot unless or until
detailed plans, specifications, proposals, site plans, landscaping plans and Certificate of Survey
showing house location (hereinafter collectively referred to as "plans") shall have been filed in
writing with and have been approved in writing by Declarant. These submitted plans shall contain
details of design, elevation, site grade, fencing, and location and dimensions of structures walks,
driveways and landscaping, and shall also state the type of construction and materials to be used in
construction. Declarant shall not unreasonably withhold approval of any plans submitted pursuant
hereto; provided, however, that failure to meet the covenants and restrictions, and conditions
contained herein shall be grounds for Declarant's reasonable disapproval of such plans.
Failure of Declarant to disapprove plans within thirty (30) days after submission of said plans
shall be deemed to be approved thereof. Declarant shall not be liable to anyone in damages who has
submitted plans for approval, or to any owner by reason of mistake in judgment, negligence, or
nonfeasance of itself, its agents or employees arising out of or in connection with the approval or
disapproval of any such plans.
4
Plans approved by Declarant shall permit the owner of a building plot to construct in
accordance with said plans and informity with the applicable codes of the City of Otsego, Minnesota.
Tree or dirt removal, excavation or construction shall not be commenced until approval therefor has
been received from Declarant in writing, or in the form of any approved signature upon said plans.
All buildings structures or improvements must be completed within twelve (12) months of the
approval of commencement of construction by Declarant, otherwise, all approvals become null and
void.
Any deviation in construction on any building plot from approved plans, which in the
judgment of Declarant is of substantial detriment to the appearance of the structure or the
surrounding area, shall be corrected to conform to the approved plans at the expense of the owner
of that building plot.
r
Declarant may, of its option, transfer its approval authority under this paragraph to a
representative committee of owners at any time. Said committee shall consist of three owners and
shall be appointed by Declarant. Upon appointment said committee shall exercise all approval
authority granted under this paragraph, and shall also fill any vacancies which may from time to time
occur in the committee.
17. Enforcement.. If any party shall violate or attempt to violate any of the covenants,
conditions, or restrictions contained herein, it shall be lawful for Declarant or any other owner
owning building plots in this subdivision and any additions thereto to the protection provided herein
to prosecute proceedings in law or in equity against the person or persons violating or attempting
to violate any such covenants, conditions or restrictions, and to either prevent him or them from so
doing or to recover damages for such violations.
18. Additions. Declarant reserves the right to add additional land and plats to the real
property subject to this Declaration. Said real property can only include real property contiguous
to this subdivision.
19. Severability. A violation of any of these covenants conditions or restrictions by
judgment or court order shall in no way affect any of the other covenants, conditions or restrictions
contained herein which shall remain in full force and effect.
IN WITNESS WHEREOF, Lin -Bar Development, Inc. has executed this instrument the
day and year first above written.
LIN -BAR DEVELOPMENT, INC.
By:
Its:
STATE OF MINNESOTA )
)ss
COUNTY OF )
The foregoing instrument was acknowledged before me this of, 1997, by
the of Lin -Bar Development,
Inc., a corporation under the laws of the State of Minnesota, on behalf of the corporation.
THIS INSTRUMENT WAS DRAFTED BY:
Hilary Barry
P.O. Box 98
Lake Wilson, MN 56151
corp:lin-ace'
0
Notary Public
RETURN TO:
Wilfred Lindenfelser
5475 Parnell Ave., NE
Rogers, MN 55374
LIN -BAR DEVELOPMENT, INC.
5475 PARNELL AVE. N.E.
ROGERS, MN 55374
(672) 428-8437
MEMORANDUM
TO: Otsego Mayor and City Council
FROM: Wilfred Lindenfelser & Hilary Berry
DATE: 26 February, 1997
RE: Otsego -Lin -Bar PUD
Economic Study
Lin -Bar Estates
Preview
The Parcel used in this analysis is Lin -Bar Estates (5 lots)
and Lin -Bar Estates II (34 lots). A PUD, rezoning and concept
Plan for Lin -Bar Estates II was approved by Otsego City Council
on December 23, 1996.
This -parcel is 51.49 acres and is classified as "Ag, Non -
home -stead" by the Wright County Assessor. The parcel is located
in the Albertville School District #885.
Real Estate Tax
The following information is taken from the 1996 Real Estate
tax statement:
Taxable Market Value ------$44,300.00
Estimated Market Value -----$73,900.00
Real Estate Taxes Paid----- $857.98
Proforma
The following is information assembled from the Wright
County Assessor's office.
This example is for one (1) acre lots for residential
single family, homestead use. ,
Hameateed Real Estate taxes are calculated as follows:
(1996 assessment, taxes payable 1997)
The first $72,000.00 at one (1) percent of assessed value.
All over $72,000.00 at two (2) percent of assessed value.
These rates are adjusted by local tax levy, school district
and other special assessments.
Assessed Value 1996
$125,000.00
$250,000.00
Real Estate Tax
Payable 1997
$2,147.00
$5,135.00
Thirty-nine (39) lots would produce the following Real Estate
taxes:
Annual
Value R.E. Tax
$125,000.00 $2,147.00 x 39 Lots a
$250,000.00 ._$5,135.00 x 39 lots =
Pr° o� sal
Total Annual
A.E. Tax
$83,733.00
$200,265.00
Total
Valuation
$4,875,000.00
$9,750,000.00
Lin -Bar Estates have proposed "High-end" housing for these
.39 Lots. "High-end" homes would be valued at $240,000.00 to
$300,000.00 or more. The proposed homes (larger than average)
with their amenities, including professional landscaping, need a
lot size of one (1) acre or more to have these values.
Conclusion
High-end homes, as proposed will have much more tax value
to the City of Otsego than average homes. The city needs a
"balance" in their residential developing.
We believe high-end homes can be marketed successfully at
this time.
We .believe Lin -Bar Estates is the place and, now, is the
time for a "high-end" housing development.
O
Z
O
MMA
,�O'
Ii
M&
19
V
r
O
�a
0
9
1
0
rt
0
s
w
t
x
9
I
Q
V
J
Nk
1
W
W 1
x
�L.
f
�
v /
�
x
V
c�
` r M
l 1 I
1
I
,l 1
1
1
1
1
1
. 1
i
1
Fl
,�W1rtr lro7�
-- 1
i
1
1
1
1
1
1
y I
1 ..
1
1
lj�
INC
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO:
NORTHWEST ASSOCIATED CONSULTANTS
COMMUNITY PLANNING - DESIGN - MARK
Elaine Beatty
Bob Kirmis
10 March 1997
Otsego - Lin -Bar Estates 2nd Addition Preliminary Plat/PUD
176.02 - 96.21
Attached please find our review of the Lin -Bar Estates 2nd Addition preliminary plat.
Please distribute copies of the report to the Planning Commission for their consideration
on 19 March.
We have mailed copies to Andy, Larry and the applicants.
DOCUMENT HAS BEEN COPIED
& DISTRIBUTED TO:
MAYOR' PC
COUNCIL_._._ EDAAC -.
CLERK . PKS & REG -
PLANNER" BLDG INSP
ATTORN9-V1 X OTHER '
ENGINEER -N DATE -3' - 9�
P -fa-t�
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6
PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837
7L-
NORTHWEST
ASSOCIATED CONSULTANTS
INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
I N �C
PLANNING REPORT
1�
FROM:
DATE:
RE:
FILE NO:
EXECUTIVE SUMMARY
Background
Otsego Mayor and City Council
Otsego Planning Commission
Bob Kirmis / David Licht
10 March 1997
Otsego - Lin Bar Estates 2nd Addition Preliminary Plat/PUD
176.02 - 96.21
Lin -Bar Development Inc. has requested preliminary plat approval of a 34 lot single family
residential development entitled Lin -Bar Estates 2nd Addition. The proposed subdivision
overlays 45 acres of land located north of County Road 37 and east of Odean Avenue.
The subject property was recently rezoned from an A-1, Agricultural Rural Service to a
PUD, Planned Unit Development zoning designation to accommodate the proposed use
and development density.
Attached for reference:
Exhibit A - Site Location
Exhibit B - Approved Concept Plan
Exhibit C - Preliminary Plat
Exhibit D - Grading and drainage Plan
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6
PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837
Recommendation
A decision regarding the acceptability of the proposed use in the proposed location has
previously been reached. Acknowledging this fact, our office recommends approval of the
Lin -Bar Estates 2nd Addition preliminary plat subject to the following conditions:
A resubdivision plan is submitted which illustrates a logical manner in which the lots
could possibly be resubdivided in the future and found satisfactory by the City
Council.
2. A temporary cul-de-sac is placed at the northern terminus of Odell Avenue.
3. The City Engineer provide comment and recommendation as to the immediate need
to construct 72nd Street or whether a cash escrow should be required to cover
future construction of the street segment.
4. All streets are named in accordance with the City's street naming plan. This issue
should be subject to further comment by the City Engineer.
5. Direct single family lot access to Odean Avenue and County Road 37 is prohibited.
6. A landscape buffer, similar to that proposed along County Road 37 (i.e., Spruce
plantings) be provided along the western boundary of Lot 1, Block 3.
7. The submitted grading and drainage plan is subject to review and approval by the
City Engineer.
8. The City Engineer provide comment and recommendation in regard to drainage
easement establishment.
9. All park and trail dedication requirements as recommended by the Park and
Recreation Committee are satisfactorily met.
10. The preliminary plat is modified to illustrate proposed well and drainfield locations.
This issue should be subject to comment and recommendation by the City
Engineer.
11. As a condition of final plat approval, the applicant's enter into a development
agreement with the City and post all the necessary securities required by it.
12. Comments from other City staff.
2
ISSUES ANALYSIS
Planned Unit Development. In December of 1996, the City Council approved the
rezoning of the 51.5 acre subject property from A-2, Agricultural Long Range Urban
service to a PUD, Planned Unit Development zoning designation. So as not to create a
non -conforming zoning situation, such rezoning encompassed the adjacent Lin -Bar
Estates First Addition. (A-2 District allows four per 40 density). The PUD zoning
designation was approved contingent upon final plat approval of the subdivision now under
consideration.
The PUD zone was requested and has been conditionally approved in recognition of the
subject property's exclusion from the immediate urban service area (justification for
standard R-3 zoning). Upon consideration of the rezoning request, the City Council made
a finding that the proposed low density residential land use was appropriate in the
proposed location. More specifically, the use of the PUD zoning designation was found
to be appropriate in recognition of the following:
1. The exclusion of the property from the City's Immediate Urban Service Area. To
accommodate an R-3 zoning, a Comprehensive Plan amendment to adjust the
Urban Service Area boundary would be necessary. The Immediate Urban Service
Area, among other things is intended to identify areas which are within a sanitary
sewer service area. An expansion of the Immediate Urban Service area to include
the subject site was, at this time, determined not to be appropriate.
2. A standard residential zoning designation (i.e., R-3) may set a poor precedent in
regard to future development proposals in the area.
3. A conflict with the City's Land Use Plan/urban/rural service area map (the plan
proposes 4 per 40 density upon the subject property).
4. A desire to balance the City's housing stock to satisfy the needs and desires of all
income levels and provide housing which may contribute to the community's tax
base.
While a PUD zoning designation has been conditionally applied to the property, the
subdivision will be reviewed in comparison to R-3 District standards which would typically
apply.
3
Lots. All lots have been found to exceed the following minimum area, width and depth
requirements (applicable R-3 District standards):
Lot Area
1 Acre
Lot Width
150 Feet
Lot Depth
150 feet
Setbacks. All lots demonstrate an ability to satisfy the following R-3 district setback
requirements:
Required Setback
Front Yard
35 feet
Side Yard
Corner
35 feet
Interior
10 feet
Rear Yard
20 feet
Resubdivision. According to Section 21-6-2.E.6 of the Subdivision Ordinance, where
structures are to be on large or excessively deep lots which are subject to potential replat,
the preliminary plat must indicate a logical way the lots could possibly be resubdivided in
the future. As a condition of preliminary plat approval, a specific resubdivision plan should
be superimposed on the preliminary plat and subject to approval by the City Council.
Streets.
Configuration. Generally speaking, the proposed street layout responds well to
established site design parameters and City objectives regarding road access locations,
lot access prohibition and future street extensions, etc.
Right -of -Wail Requirements. As required by City subdivision regulations, 60 foot right-of-
way widths have been provided for interior streets. Consistent with the recommendation
of the City Engineer, 50 foot right-of-way dedications (from centerline) have been provided
for Odean Avenue and County Road 37 which border the site.
Street Extensions. The subdivision has been designed so as to provide future street
extensions to the north (Odell Avenue) and east (72nd Street). As a condition of final plat
approval, a temporary cul-de-sac should be placed at the northern terminus of Odell
Avenue. Additionally, the City Engineer should provide comment and recommendation as
to the immediate need to construct 72nd Street or whether a cash escrow should be
required to cover future construction of the street segment.
Ell
Street Names. As a condition of final plat approval, all street names must be found to be
consistent with the City's street naming plan. This issue should be subject to further
comment by the City Engineer.
Access. Both County Road 37 and Odean Avenue are designated collector streets. As
such, direct single family lot access to such streets is to be discouraged. As a condition
of ultimate final plat approval, direct single family lot driveway access to Odean Avenue
and County Road 37 will be prohibited.
Landscaping. As shown on the preliminary plat, several double frontage lots have been
proposed along County Road 37 (Lots 5-10, Block 3). According to section 21-7-4.N of
the Subdivision Ordinance, double frontage lots must have an additional depth of at least
10 feet in order to allow space for screen plantings along the rear lot line. With depths of
238 feet, the proposed double frontage lots provide ample space for such screen
plantings. As noted on the preliminary plat, a row of spruce trees have been proposed
along County Road 37 as well as along the property's northern and eastern borders.
To further fulfill the intent of the ordinance, it is further suggested that similar landscape
treatment be provided along the western boundary of Lot 1, Block 3.
Property Exceptions. As shown on the preliminary plat, two property exceptions exist in
the southwest corner of the proposed subdivision. Specifically, the excepted properties
include the Jones Intercable Tower site and a single family residence. In consideration
of existing site uses and building locations (and orientations), interior street access to the
excepted properties is not necessary.
Grading and Drainage. As a condition of preliminary plat approval, the submitted grading
and drainage plan should be subject to review and approval by the City Engineer.
Easements. In accordance with Subdivision Ordinance requirements, 10 foot wide
drainage and utility easements have been provided along lot lines. Additionally, drainage
easements have been proposed over site ponding areas. The acceptability of such
easements should be subject to comment and recommendation by the City Engineer.
Park and Trail Dedication. Specific park and trail dedication requirements should be
subject to specific recommendation by the Parks and Recreation Advisory Committee.
Water Supply/Sewage Disposal. According to the City's Subdivision Ordinance,
preliminary plat submissions must identify/illustrate the location and size of both water
supply and sewage disposal systems. This issue should be subject to further comment by
the City Engineer.
5
Development Agreement. As a condition of final plat/PUD approval, the applicants will
be required to enter into a development agreement with the City and post all the necessary
securities required by it.
Phasing. The proposed subdivision is to be developed in two phases. Phase I is to
overlay the northern one-half of the subject property and include 21 lots. Such initial
phase is considered desirable as it will allow the 72nd Street "loop" to be constructed. It
is anticipated that Phase 2 (13 lots) of the subdivision will be designated as an outlot on
the forthcoming final plat (and replatted at some future point).
Restrictive Covenants. The applicants have submitted a copy of the restrictive covenants
which are to apply to the proposed subdivision. The covenants include several provisions
which likely will ensure the construction of higher value homes (i.e., three stall garages,
square footage minimums, architectural controls, etc.). While the construction of higher
value homes is considered desirable and fulfills a community need, the City Zoning (and
Subdivision) Ordinance provide no authority to require higher value homes.
CONCLUSION
The City Council has previously determined that the proposed use upon the subject site
is acceptable. Acknowledging this prior decision, our office recommends approval of the
Lin -Bar Estates 2nd Addition subject to the conditions listed in the Executive Summary of
this report.
PC: Elaine Beatty
Larry Koshak
Andy MacArthur
Hillary Barry
Wilfred Lindenfelser
0
EXHIBIT A - SITE LOCATIOI
10'1 1v.r
V7.tf.l.
J_
...........
EXHIBIT B - APPROVED CONCEPT PLAN
1 ��,w•�— �_ ODE../+ w PBI OP
ni
E{ •!�I ' ,'ty ora.'w
6Pt B9 1I. ire. of i
i
1 M F 47� 1
ilr f C i u�ux a,0
. r. fp it } iti4• y3 3 1`� ?x0� 7,°v
i
ntAt o4jm
[fit t IE�j 42 04:
! t } ! 8 t r b 4U 'A
14
} }
- r r
�..1 W-
___-_- - r____ -_i ��•_•� ••••.•••.••'••• OVERFLOW AND BAFFLE DETAIL �i WMDao[r+ul
-------- ___--- 4. I � I LIN -BAR ESTATES
SECOND ADD1710M
..•�.ro.r.ro
71
r • 1 O-y.--.�.�
IF a+ a'• �""�FOR: VALFR=O Lt b'u=HEEL SER
5475 POrne!! Ave. N.E.
I 1 \ 1 937" �' I / _\- \ Roge,s. MN 55374
e 3 93}4 Ph. (612) 428-8437
it I� d•-* wss� u { _ .`J 9- d HILARY 3Ar7RY
2 — ,u9 - ;a. P.O. soX 9a
R — •''' /
r' LOke N .`
/;IsO. MN 56751
sue "� Ph. (507) 879-3310
�.wM 4n•"� fi
1
� »...... I �1, -- 1177 Hwy. 25 N.
N.E
,� 5. „ �I � Bu/r0!O. AAV 55313
` _ e t•ct I "'-3 1 Ph. (612) 682-7787
9ssa 2 S -� 1 3N, 2nd
7,f n �•i'- - - 11
.�• r 1
� \� — �• + usDo— - �
slam 3.
I---- '7 •\
Iw `.rrr
I4'
/ 71st trett 1 t_ii Y �ia7
_-.. 'T'7_ — —� Yom— +w>_'_ •'� — / �_ �.-E? O` SCA!P TON
6230r
I _�-t. •$'
j s 9442. _ 9ud fct.7i 1 �j J '• f .� r. ..tea• m�rr«�:r .�s«r.«•erG r. oo
IrI wa . I \ �_— I - •.•// a. n.. •ur evo.w r r .r rn. ..r. a«er. ..
/ `, / .o\ �t•/ /} satd
I �a// r 6 � n..«.. ate^^.°^- 5 70 � � �.�� i ; /'rf� �. ew�,...:.o^.rse,. .�.��a. «�. r' .r��..n':r«•o rr .
5 /� v.w ..r..+ --__, � � \ �. I ~�. � `- _ ai.e ...aa sw en . i«..«•. o.,..r.�
_ '� _ •� � /) 1 �. ' 1 � :..v...:c«.re,,..v e�i��.s�ri~` r�� err
I �/ ! _ ..--- _ ! - \ _ --rte'=•:� «--�"r .`..0 .rrr
jriec
L.Ir..a•+r
EXHIBIT D - GRADING & DRAINAGE PLAN
MAR.14.1997 4:42PM
TO:OTSEGO
Hakanson
Anderson
Assoc., Inc.
March 14, 1997
Ms. Elaine Beatty, Clerk
City of Otsego
8899 Nashua Avenue
Otsego, MN 55330
RE: 1 -In -Bar 2nd Addition Preliminary Plat
Dear Elaine:
We have received the following documents for review:
NO. 459 P.1/4
3601 Thurston Avenue
Anoka, Minnesota 55303
612/427-5860
Fax 612/427-3407- 0520
Preliminary Plat
• Preliminary Grading and Drainage Plan dated February 24, 1997,
Sheet 2
• Street Grades on plan and profile dated February 24, 1997, Sheets 3
and 4
• Storm Water Runoff Calculation Sheets and Maps
• NAC Report dated March 10, 1997
• Copies of Hilary Barry transmittal letter with proposed restrictive
covenants and economic study
We have, in reviewing the above material and data, made a list of our concerns and
comments.
Engineers
s
1. ROW requirements on Odean Avenue
Odean Avenue is a MSA street with a major collector functional
classification. We need 40 feet of ROW from centerline Instead of 50
feet as noted. Odean Avenue is proposed as an urban section street with
curb and gutter and sidewalk/bike trail.
2. House pad locations on the Preliminary Plat in some cases do not
correspond with those on the Preliminary Grading and Drainage Plan. A
drawing needs to be provided that shows the house pad locations with
septic drainfield area designated. Same type of re -subdivision is also
required.
Landscape Architects
Surveyors
MAR.14.1997 4:43PM
Elaine Beatty
Page 2
March 14, 1997
3. Septic Tank/Drainfield Site Evaluation
N0.459 P.2/4
An evaluation of the drainfields must be provided in a report prepared by
a certified evaluator. This report is a general report and must review the
worst, best, and middle area of soils as potential drainfields. All lots
must be able to provide two potential drainfield sites.
4. Wetlands impacts form must be completed. These forms can be
obtained at City Hall.
5. Scale of Drawings
Final scale of construction drawings must be provided in 100 or 50
scales even if two sheets are required. Typical scales used in the field
by contractors and inspectors is 50 and/or 100 scale.
6. Set Back
We suggested that the covenants require a 50 foot setback as opposed
to the City's minimum of 35 feet. The additional set back would
enhance the plat and better balance to buildings on the lot.
7. Catch Basins
The catch basin distance from the high point to the inlet appears too
long. Storm water runoff would flood the inlet area and occupy most of
the road. We require that inlets not be greater than 800-1,000 feet or
better yet, the capacity of the street gutter be calculated based on the
following:
"Storm sewer Inlets shall be spaced to insure that not more
than A of the travelled lane Is Inundate during the 10 year
storm event. Manning's equation shall be utilized to
determine the flow in the street at each catchbasin for
verification of actual spread. A Manning's 'n' of 0.020
shall be utilized for asphalt pavement. Additionally, grate
inlet capacities shall be verified at the maximum allowable
depth of flow to verify that the proposed grates will pass
the 10 year flows."Halle
In—ol Assoc., AnQ@r301c-
MAR.14.1997 4:44PM
Elaine Beatty
Page 3
March 14, 1997
N0. 459 P.3/4
In addition, catchbasins should be located within (10 feet) of the property
line. This is to avoid having a driveway over a catchbasin.
a. Storm Water Holding Pond
This plat lies within two watersheds, the Lafebvre and Rice -Foster Lake
Watersheds. Neither watershed is developed sufficiently to handle
additional storm water flows associated development. The proposed plat
is also at the top and of both watersheds. Neither watershed has defined
water course to take the pond outflow. We will require, therefore, that
the ponding areas be constructed to hold the volume from the 100 year
storm event.
All ponding areas must be under permanent drainage and utility
easements. It will also be recommended to the Council that the
additional cost to increase the holding pond capacity for the additional
100 year event storage be credited against the storm water impact fee.
9. Landscaping of Holding Pond
It Is our recommendation that a landscaping plan be prepared and
constructed using trees, shrubs, grasses, or other element to enhance the
large drainage ponds.
10. Storm Water Calculations
We will provide the computerized storage volume and rates of runoff flow
based on the data provided us by Meyer-Rohlin, who do not have a
computer program under separate cover. We need to determine the
volume under the hydrographs that need to be stored. We are requesting
of Meyer-Rohlin provide a summary sheet of the calculations for time of
concentration, C. used, volume, rate of flow, etc., for both developed
and undeveloped property. The engineer needs to provide stage storage
and discharge for each pond. See attached data sheets.
We generally agree with the approach to the drainage plan. Additional
questions or comments of the developer's engineer should be directed to
Kevin P. Kielb, PE of our staff on storm water drainage issues.
Hakanson
7_111Aswc.,1nc-
Anderson
MPR.14.1997 4:44PM
Elaine Beatty
Page 4
March 14, 1997
11. Final Grading and Drainage Plan
NO. 459 P. 4/4
The final Grading and Drainage Plan shall include erosion and
sedimentation control plans utilizing the Manual of Best Practice prepared
by Mn/PCA. All runoff from hard surfaces need to be treated before
discharge into a pond or wetlands. Cross sections of the street at 50
foot intervals must be prepared with the Grading Plans.
12. Turn lane on CSAH37 should be shown on the Plans
We have reviewed these submittals transmitted to use and with best effort reviewed
all outstanding issues, however, there may be Issues we have Inadvertently missed
that need discussion. We may need to do further review at a later date.
Sincerely,
HAKANSON ANDERSON ASSOCIATES, INC.
ilg
cc: Bob Kirmis, NAC
Andy MacArthur, Attorney
Bob Rohlin, Meyer-Rohlin
Wilfred Lindenfelser, Developer
Hilary Barry, Developer
OT2176.eb1
s
Hakanson
Anderson
Assoc., Inc.
William S. Radzwill
Andrew J. MacArthur
Michael C. Couri
Megan M. McDonald
March 13, 1997
RADZWLL & COURI
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
Planning Commission
City of Otsego
c/o Elaine Beatty, City Clerk
8899 Nashua Avenue NE
Elk River, MN 55330
RE: Lin -Bar Estates 2nd Addition
Dear Planning Commission Members:
I have reviewed NAC's report regarding the propose
plat of Lin Bar Estates 2nd Addition. I have also
Developer's proposed restrictive covenants and other
d preliminary
reviewed the
submittals.
The Developers still contend that they should not have to provide
for resubdivision of their lots because of the value of the houses
they intend to construct on each lot. The City ordinance requires
that a resubdivision plan be provided for all subdivisions. The
ordinance does not specify what is an acceptable resubdivision plan
and what is not. One alternative which was reviewed by the City
Council was not, in my opinion, a very good alternative. The
purpose of this plan is -to provide a reasonable means of allowing
splitting of lots when sewer service is provided to the
subdivision.
The developers contend that they can only afford to provide "higher
end" housing if they are allowed to locate the houses in the middle
of each lot. They have not submitted a resubdivision plan with the
preliminary plat.
One of the justifications for PUD zoning on the parcel is, "A
desire to balance the City's housing stock to satisfy the needs and
desires of all income levels and provide housing which may
contribute to the community's tax base."
Letter to Otsego Planning Commission
March 13, 1997
Page 2
The City cannot become involved in differential treatment of
property based upon their value. However, there may be
justification to waive the resubdivision plan or consider an
alternative if the square footage of the proposed structures makes
it such that they are unable to properly meet setbacks unless
located in the middle of the lot. The following issues need to be
addressed by restrictive covenants, deed restriction, or by the
Developer's Agreement:
1. That if city sewer service is available all properties in the
plat will be required to immediately hookup.
2. That all property owners -will be notified within the covenants
that they may face higher per unit assessments for delivery of
sewer and water services as a result of homes being constructed on
the middle of lots.
3. That the restrictive covenants be drafted so that the above
mentioned provisions cannot be changed.
4. That any such provisions be included within the Developer's
Agreement on the property.
Because this development has been processes as a PUD, such a waiver
could be justified if based upon inherent characteristics of the
site, and in furtherance of the approved justification for PUD
zoning.
The proposed covenants do provide some rationale for waiver of
resubdivision, including the following: requirement that each house
have a three car garage, requirement that existing trees be kept in
place in most situations, and architectural controls on the
development. The square footage requirements set forth by the
developer do not provide any guarantee that what will be ultimately
built to such an extent as to justify waiver of resubdivision. The
City Planner should comment on the building site size that would
cause problems with properly meeting setback requirements.
The PUD status of the project, and possibly consideration of waiver
of resubdivision, both may be enhanced if the Developer's would
agree to additional performance standards such as sod instead of
seed, additional trees per lot, or additional ponding. These items
should be commented on by the City Planner and City Engineer.
In conclusion, the Developer should still be required to submit a
resubdivision plan as a condition of approval unless it is
determined that the proposed homes are of sufficient size to make
compliance with setbacks problematic. In case waiver is considered
the covenants should be redrafted in conformance with the comments
above. Consideration should also be given to higher performance
Letter to Otsego Planning Commission
March 13, 1997
Page 3
standards as further justification of PUD status, and as a possible
consideration when considering the issue of waiver.
If you have any questions please feel free to contact me.
Very ly yours,
drew J�MacArthur
RADSAIL i COURI
cc: Bob Rirmis, NAC
Larry Roshak, Hakanson Anderson
Hilary Barry
Wilfred Lindenfelser
J
DEPARTMENT: PREPARED BY: MEETING DATE
7. ANDY MAC ARTHUR, CITY ATTORNEY March 24, 1997 - 6:30PM
ITEM NUMBER: ITEM DESCRIPTION:
7.2. See #6.2 under City Planner (Heritage Hills Plat)
Andy will explain to the Council the discussions he had with the Developer and Attorney for
Heritage Hills Plat.
— 7.3. Council consideration of interim uses along State Hwy 101
See Letter to Council dated March 17, 1997 from Andy MacArthur.
Andy will explain to the Council and ask for Council Opinion Re: This #101 area and
enforcement of Ordinances.
7.4. Hearing for Pattern Station, Inc. DBA Riverwood Inn and Conference Center 10990 - 95TH
ST NE, (Otsego), Monticello, MN 55362 to consider:
A. Renewal of Consumption and Display Permit.
BACKGROUND:
This is a renewal of a set up license used for Sundays. I called Wally Helgeson at Wright County
Sheriffs Department and he did a check on this and they have no problems with Riverwood.
RECOMMENDATION:
Hold Hearing and determine if this permit should be continued. There has been no problems with
Riverwood that I am aware of and the Sheriffs Department shows the same. The State has the check for
$150.00 and the Insurance Policy is current. After Hearing, if no problems are brought up, I
recommend approval of Renewal of Consumption and Display Permit for Pattern Station, Inc. DBA
Riverwood Inn and Conference Center.
Thapk you,
Laine
William S. Radzwill
Andrew J. MacArthur
Michael C. Couri
Megan M. McDonald
March 17, 1997
L!7- /'��
RADZWILL & COURI
Attorneys at Law
705 Central Avenue East
PO Bax 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
Ci't Cc;:rcil Ia:r�
ers
City of Otsego
c/o Elaine Beatty, City Clerk
8899 Nashua Avenue NE
Elk River, MN 55330
RE: Interim Uses Along Highway 101
Dear Council Members:
A recent inquiry regarding property use along Highway 101 brings up
an issue that I believe needs to be -addressed by the City Council.
As you are aware, certain uses along Highway 101 have been allowed
to continue operating even though the uses were either not legally
established, or do not meet the performance standards of the City's
current zoning ordinance.
Essentially, the City has merely agreed to defer prosecution or
enforcement action against those particular parcels due to the
special circumstances existing along the Highway 101 corridor.
Some of the reasons for deferral were, the reconstruction of
Highway 101 to four lanes, and the possibility that water and sewer
would be available to these properties at around the same time that
Highway 101 work was completed. It was determined that it would be
a burden on those affected property owners to require them to meet
all performance standards such as paving parking lots etc., when
such work might have to be redone to provide sewer or water
service, or might not properly fit into the redesign concept of
Highway 101.
Some of the owners entered into written agreements setting forth
the conditions stated above and deferring City enforcement action.
The typical agreement was to terminate in either 1998 or upon
substantial completion of Highway 171.
Letter to Otsego City Council
March 17, 1997
Page 2
It now appears that Highway 101 has been substantially completed.
The issue of sewer and water service throughout that corridor still
remains outstanding.
Properties affected by this policy include Big Ed's, the former
Plude bus garage, and the northeasterly and northwesterly quadrants
of the intersection of Highway 101 and County Road 42, both of
which are owned by the Darkenwald family.
I think that the City Council needs to determine at this time, as
a matter of policy, whether or not they wish to continue allowing
thane businesses to run "as is" uitil a decision is made on the
water and sewer issue, or whether they wish to proceed to commence
enforcement of the ordinances and performance standards along this
corridor.
I will be available to discuss this matter at the regularly
scheduled City Council meeting on March 24. I would also welcome
comment on this issue from the City Planner and the City Engineer.
Ve r ly yo rs,
rew a r
RADZW •& count
cc: Bob Kirmis, NAC
Larry Koshak, Hakanson Anderson
Clem Darkenwald
OF Minnesota Department of Public Safety
LIQUOR CONTROL DIVISION
444 Cedar St., Suite 100 L, St. Paul, MN 55101-2156
(612)296-6439 TTY(612)282-6555
o. ..� .' .
RENEWAL OF CONSUMPTION & DISPLAY PERMIT
Permit Fee $150 (Renewal Date: April 1)
6133 PUBLIC
Pattern Station Inc.
Riverwood Conference Center ;,; -,
10990 95th St NE
Otsego (Monticello), MN 55362
Workmens Comp Ins. Co. 1 + / e w 1 S rZ olicy No. w P o7molicy Period
Cis iCoiint ::(:ere trit a roved; VI/Vi rt �' TG G f D J:3e fj f
Permit Name: Acct. # Amount
Trade Name:3
T nraNnn ndeiress-
Approved by
- 'HV_ 6, 91 3
By signing this renewal application, applicant certifies that there has been no change in ownership, corporate officers,bylaws,
membership, partners, home addresses, or telephone numbers. If changes have occurred during the past 12 months, please
give details on the back of this renewal, then sign below.
ADDlicant's signature on this renewal confirms the following: Failure to-reportany of the following will result in
fines.
1. Applicant confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota.
If ever rejected, please give details on the back of this renewal, then sign below.
2. Applicant confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state
or local). If a revocation has occurred, please give details on the back of this renewal, then sign below.
3. Applicant confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor
law violations. If violations have occurred, please give details on back of this renewal, then sign below.
4. Applicant confirms that Workers Compensation insurance is in effect for the full license period.
5. Applicant confirms, no club on -sale intoxicating liquor license is held.
6. Applicant confirms business premisesAre sepagate from any other business establishment.
(Signature certifies all
G/4 r,�
and permit has been approved by city/county.
(Signature c es that a consumption and display permit has been ap roved by the city/county as stated above).
�zA2
ti
FEB
cBUC Sq N
Yquor C 4
PS09097(8/95) P-4/0
a
CITY OF OTSEGO
R ()uk J I kUK l.UU1rl.1L Al. I tUil
11 AGENDA SECTION: DEPARTMENT: MEETING DATE I
S. CONSENT AGENDA (Non -Controversial Items) March 24,1997 - II
6:30PM
ITEM NUMBER: ITEM DESCRIPTION: yk?'El'AKr+U tsx :
5.3. Approve Elk River Fire Service Contract
BACKGROUND:
The City of Otsego has been entering into Contract for Fire Service
with the City of Elk River for a number of years. Attached is a copy
of the current contract which has been signed by Mayor Duitsman and
the City Administrator. The contract is the same as we have been
approving in the past except for the fact that they are asking (Item
#6) that we change from a one year contract to remain in effect for as
long as it is agreeable by both parties. The amount shown is
$61,431.77 for 1997 Fire Contract per fair share formula. There is an
additional amount for 1996 Contract reconciliation of $6,210.40.
(This amount is always estimated and adjusted when the actual figures
come in) If our percent of fire calls is greater than the estimate,
we pay more. Please note that the 1997 Elk River Fire Service amount
agreed to by the City Council is $67,240.00.
The bright side of this is that we do have extra money in the Elk
River portion of the Fire Service Fund. The last page shows the COP
formula and how the City of Elk River arrived at our estimated cost
for fire service.
RECOMMENDATION:
Recommendation is to approve the Fire Contract.
we approve the contract (Item #6) from one year
for as long as it is agreeable by both parties)
good as we figure the fire service costs as an
pay the actual costs eventually.
Thank you,
Elaine
(They are asking that
to remain in effect
I feel this would be
estimate anyway and we
City of TO: BURNS TOWNSHIP, BIG LAKE
IV • AND THE CITY OF OTSEGO
k
River
FROM: LORI ZIEMER, ASST. FINANCE DIRECTOR
DATE: FEBRUARY 10, 1997
SUBJECT: 1997 FIRE CONTRACT
Enclosed please find two copies of the 1997 Fire Contract. Note the duration of the
contract (Item #6) has been changed from one year to remain in effect for as long as it is
agreeable by both parties.
Please sign and return one copy of the contract and retain the other copy for your
records. Also enclosed is an invoice for the 1997 contract year.
If you have any questions on either the contract or the invoice, feel free to contact either
Fire Chief Bruce West or me.
13065 Orono Parkway - P.O. Box 490 - Elk River, MN 55330 - (612) 441-7420 - Fax: (612) 441-7425
CONTRACT FOR FIRE PROTECTION
This agreement made and entered into by and between the City of Elk River, a
municipal corporation of the County of Sherburne and State of Minnesota, hereinafter called
the CITY, and the CITY OF OTSEGO of the County of WRIGHT and State of Minnesota,
hereinafter called the OTSEGO.
WHEREAS, the OTSEGO desires the services of the Fire Department of the CITY in
case of fires occurring in the CITY OF OTSEGO, located outside the corporate limits of the
CITY; and,
WHEREAS, the CITY maintains a fire department consisting of volunteer
firefighters, at least one (1) pumping engine and miscellaneous other equipment, which
personnel and equipment are available, subject only to the limitations herein expressed, for
fighting fires in said OTSEGO and elsewhere.
IT IS THEREFORE AGREED BY AND BETWEEN SAID PARTIES AS FOLLOWS:
1. That the CITY through its fire department will answer calls to fight fires
occurring in the CITY OF OTSEGO in the area designated on the attached map with at least
one (1) pumping engine and equipment to deliver at least 1,500 gallons of water and such
volunteer firefighters as may be designated by the Chief of the Elk River Fire Department,
or his/her Deputy, unless in the judgment of said Chief, or Deputy, such fire can be fought
with other equipment maintained by the CITY as part of its fire department, subject only to
the limitations and restrictions hereinafter set forth:
a. If road and weather conditions at the time of the call are such that the fire run
cannot be made with reasonable safety to firefighters and equipment, and the
decision of the Fire Chief or his/her Deputy in charge shall be final in such matter, no
obligation arises under this agreement on the part of the CITY to answer such call.
b. In the event that a sufficient amount of the fire fighting equipment and number of
volunteer firefighters, or both, are committed at the time of the fire call, in the sole
judgment of the Chief or his/her Deputy, to fighting preexisting fires, so as to render
the available fire fighting equipment and volunteer firefighters inadequate to answer
the fire call, in OTSEGO and fight the reported fire, no obligation arises under this
agreement to answer such call, and no person or party shall have recourse against
the CITY for refusal to answer such call. A preexisting fire for the purposes of this
agreement shall be afire to which the Fire Department of the CITY is called previous
to receiving the call from OTSEGO and which fire is still being fought by the CITY
Fire Department at the time the call from OTSEGO is received.
c. In the event a fire call in OTSEGO is answered by the CITY, but before the fire in
question is extinguished, the fire fighting equipment or volunteer firefighters, or
both, are needed to fight a fire in the CITY or protect property in the CITY from a
fire in the sole judgment of the Chief or his/her Deputy, without liability therefore to
any person or to OTSEGO under this agreement, the Chief may recall the firefighters
and firefighting equipment.
d. The decision of the Fire Chief or his/her Deputy with reference to sending or
recalling fire fighting equipment and volunteer firefighters to or from any fire in
OTSEGO shall be final and no person or party shall have recourse against the CITY
for any damages or losses resulting from such action or decision.
e. The fire protection district in accordance with MSA 368.85 shall be and include the
area as outlined on the attached map.
2. That OTSEGO shall pay to the CITY each year this agreement is in force and
effect, a sum of money as determined by result of application of the following formula:
COST = {Annual Operating Costs + (Equipment 20) + (Building 20) +
Administrative Costs) x % of use
No additional charges on a per call basis will be assessed.
3. The payment specified in paragraph 2, above, shall be made by OTSEGO for any
fire call in OTSEGO answered by the CITY Fire Department regardless of how the call is
received or by whom it is made, no payments shall be due for false alarms unless the call is
made by a resident of OTSEGO.
4. The parties acknowledge the fact that the CITY is under a similar type contract
with other municipalities and that a fire call under any such contract preceding a call in
OTSEGO could be a valid and reasonable basis for the decision of the Fire Chief or his/her
Deputy in refusing to answer a fire call in OTSEGO.
5. Because the CITY has heretofore entered into mutual assistance fire fighting
agreements with other municipalities possessing fire fighting equipment and firefighters,
which equipment and firefighters could be called by the Chief or his/her Deputy to a fire in
OTSEGO, OTSEGO agrees to pay such additional cost as may be incurred thereby if in the
sole judgment of the Chief or his/her Deputy such additional fire fighting equipment and
firefighters are needed to fight in OTSEGO and are in fact called to such fire by the Chief or
his/her Deputy.
6. The duration of the contract shall remain in effect for as long as it is agreeable by
the parties, subject to annual review. This agreement may be cancelled by either party upon
thirty (30) days notice in writing to the other party.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this
_ day of .1997.
CITY OF ELK RIVER
By:
/ iviapr
and: &ZP-A
City Administrator
CITY OF OTSEGO
Un
Mayor
and:
Clerk
t
FIRE DEPARTMENT
1
1 .
COVERAGE AREA
.• I t •ti
. Tyr! LNOtA +
• � Tyrf '•� � a '
! j n at Y -
t •
1
Na.. LAM ' ti L1X E7t t -10-" v .• ►++.
s r" � -
r 1
par" K 1
a a n 1�[Jd4
n a► ♦O ! I
� L
r =
• AHOKA +
■sa r
n 1
f r
S 1tRM7 CO RAUSCi
�• s Tyr?
i ; e
iea. i •
w.
klOfTYttL[ �� w
AAO A W
4 •'
arr
rxooavKr
Dor
rwr ptYT�f
rT •n 1.
11lOppt= _. ' Aar
t {
!t CA
i
City of Elk River
13065 Orono Parkway
P.O. Box 490
Elk River, MN 55330
BILL TO
City of Otsego
8899 Nashua Ave NE
Otseto MN 55330
Invoice
DATE INVOICE NO.
3/6/97 97-84
P.O. NO. TERMS DUE DATE PROJECT
Net 30 4/5/97
ITEM DESCRIPTION AMOUNT
34220 1997 FIRE CONTRACT I 67,961.94
I
1997 Fire Contract per fair share formula $ 61,431.77
1996 Contract reconciliation $ 6,210.40
---------------------
TOTAL DUE $67,642.17
See attached for detail I !
Total $67,961.94
CITY OF OTSEGO
1997 FIRE CONTRACT
1997 Budget $278,750
Less: Building (28,400)
Other Capital Outlay (13,000)
Reduction to 1/2 time Fire Chief (32.444)
$204,906
C = (204,906 + 2s.000 r11 + 14,000(2) + 448.500 + 340,0000) +20,491) x 22.6% (4)
5 to 20 20
C = $271,822 x 22.6%
C = $61,431.77
(t) Turnout gear @ $800 per firefighter
(2) Radios @ $400 per firefighter
(3) Building
(4) 1996 actual percent of calls
************************************************************************
1996 CONTRACT RECONCILIATION
1996 Contract Billed $54,346.75
(based on 22.73% of calls)
1996 Actual $267,682
Less: Building (28,373)
Other Capital Outlay (13,000)
Reduction to 1/2 time Fire Chief -24.921)
$201,388
C = (201,388 + + 14.000 + 448.500 + 340.000 +20,139) x 22.6%
5 10 20 20
C = $267,952 x 22.6%
C = $60,557.15
1996 Billed
1996 Actual
1996 Balance Due
s: finance\fcotsego.doc
$54,346.75
60.557.15
6.210.40
IWOji
`Z �`IlpHlu=' w rj,,•�■.PAR
.�
.ftri:&-1►A, �Zuni t'.�a'�.;r.if�•l..+yr•_2
P �y� i'+r�•..� aifgr{ r.. herr �" . 1:
WSIGO
MIli ihAM�.
`i"_ J II���H" r.-niu.r' .w ti +�•w'Jr� __�. -. IIrk q
�; •'1• ' `1__71.
or
l'L7IMA1PN11!
Ii'
Af t\M� .111111 a •��
iii
:Altll�
'�Ab:
'' 1
"the D e velop er an P th e Environmentf/ist"
Robert Engstrom
Robert Engstiotn Companles
Achieving Balanc
Discuss
in Lan
Lee Ronning
The Land stewardship Project'
-Cluster Design -Wastewater Systems -Constructed Wetlands -Transfer of Development Rights
May 8, 1997
6:30 p.m. to 9:30 p.m.
Otsego City Hall - 8899 Nashua Ave. NE - 441-4414
$15.00 (includes dinner)
pment
-Resource Preservation
Brought to you by
Minnesota Planning Association and The City of Otsego
-------------------------------------------------------------------------------------------------------
Mail to: Rita Johnson - MPA Director - 508 Tipton Ave. - Elk River, MN 55330 (612) 441-4547
(P/ease copy this I'CTM for multiple regiSPV MSS
Name:
Address:
Phone:
REG/SMA r10VVCL CSES OIVFAVL W JVMA Y2
Representing:
City, State, Zip:
Amount Enclosed:
MPA Member: _Yes _No
-Make check payable to: PLANNING CONFERENCE 1997
City of Otsego
Engineer's Agenda Items
City Council Meeting
March 24, 1997
8.1 Consider accepting Feasibility Study for 85th Street (Page Avenue to 700 east
of Nashua Avenue) and storm water drainage for the west parts of Halls Pond
Watershed.
This item was tabled at last meeting and was requested to be placed on this
meetings agenda. Refer to past Engineer's agenda for discussion.
8.2 Consider passing a resolution to support the City of St. Michael to change the
functional classification of Nabor Avenue from a minor collector to a major
collector and to support a future protected alignment for an intra -county
highway.
The intra -county highway is proposed to begin at CSAH39 and Nashua and end
in Wright County at the proposed Crow River bridge at Hennepin County
CSAH 1 16. This route includes a proposed interchange or overpass at 1-94. The
Cities of St. Michael and Otsego would be responsible for constructing the road
and then the County will take the road over. Refer to the resolution attached
for consideration.
8.3 Consider resolution establishing Municipal State Aid Street and revoking
Municipal State Aid Streets.
Based on what was agreed to at the MSA workshop, we have prepared the
necessary resolution for your consideration. If passed by the Council, we will
send the signed resolution to the District MSA Engineer.
8.4 Update on ISTEA Bike Path Project
This is an update on the final plans being sent to Mn/DOT. Merland Otto will
make the presentation.
8.5 Discussion of proposal for aerial topographical maps for "old Frankfort area"
now in the City of Otsego.
This area is the only area of Otsego east of a % mile west of Nashua Avenue
that does not have topography. We are using the topography for sewer and
agenda3.24
water study, storm water drainage, wetland identification, and for sale to
developer. We hope to have an estimate from Mark Heard, Aerial Photo
Service, by the Council meeting for your consideration.
8.6 Any Other Engineering Business
agenda3.24
Resolution No. 97-4
Resolution supporting City of St. Michael in designating Nabor Avenue as a Major
Collector Street.
WHEREAS, it appears to the City Council of the City of Otsego that the planning and
construction of Nabor Avenue from the Crow River to CSAH37 is a regional
significance In the east portion of Wright County; and
WHEREAS, the City of St. Michael is requesting of Wright County that the functional
classification of Nabor Avenue in that City be changed from Minor Collector to a Major
Collector; and
WHEREAS, the County Commissioners of Wright County are requesting from the
neighboring cities of Otsego and Albertville to support St. Michael for this change in
functional classification; and
WHEREAS, the County is proposing an Intra -County Road to be constructed In the
future from Hennepin County CSAH118 to STH241 and continuing north along Nabor
Avenue over 1-94 to Wright County CSAH37 and north along an alignment to Nashua
Avenue ending at the intersection of Wright County CSAH39. When said road is
completed, Wright County would take over the road for perpetual maintenance and
operations; and
WHEREAS, the proposed route will need the functional classification request to be
eligible for funding under the current State and Federal program.
NOW THEREFORE, be it resolved by the City Council of the City of Otsego, Minnesota:
1. That the City supports the change of the functional classification
to major collector on Nabor Avenue in the City of St. Michael.
2. That the City will coordinate with the City of St. Michael, Wright
County, and Mn/DOT on proposed alignment of the Intra -County
Road.
3. That the City will establish a route for the road and incorporate
that route into the Comprehensive Land Use Plan.
4. That the City does not agree to pay for any portion of the roadway
costs that are outside Its corporate limits.
5. That the City is not obligated to construct the road simultaneously with
the City of St. Michael.
Be it further resolved, that the City Clerk is hereby authorized and directed to forward
four certified copies of this Resolution to each of the following public entities; Wright
County, Mn/DOT District 3 Planning Engineer, City of St. Michael, and City of
Albertville.
Adopted this 24TH day of March • 1997•
ATTEST:
City Clerk Elaine Beatty
Mayor Fournier
I hereby certify that the above is a true and correct copy of a resolution duly passed,
adopted, and approved by the City Council of said City on this 24TH day of
March , 1997.
City Clerk Elaine Beatty
RESOLUTION NO. 97-5
RESOLUTION ESTABLISHING MUNICIPAL STATE
AID STREETS AND REVOKING
MUNICIPAL STATE AID STREETS
WHEREAS, it appears to the City Council of the City of Otsego that the streets hereinafter described are
Municipal State Aid Streets under the provisions of Minnesota Laws;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO:
1. That the roads described as follows, to wit:
77th Street NE from Page Avenue NE to Quaday Avenue NE, and
Page Avenue NE from 77th Street NE to 85th Street NE, and
85th Street NE from Parish Avenue NE to Quaday Avenue NE
be, and hereby are, established, located, and designated as Municipal State Aid Streets of said
City subject to the approval of the Commissioner of Transportation of the State of Minnesota.
And also that upon approval of the designation of said roads or portions thereof by the
Commissioner of Transportation of the State of Minnesota, the same be constructed, improved
and maintained as Municipal State Aid Streets of the City of Otsego.
2. That the roads described as follows, to wit:
Quaday Avenue NE from CSAH42 to 85th Street NE
Ohland Avenue NE from 85th Street NE to 90th Street NE (CSAH39)
be, and hereby are, revoked as Municipal State Aid Streets of said City subject to the approval
of the Commissioner of Transportation of the State of Minnesota.
BE IT FURTHER RESOLVED. that the City Clerk is hereby authorized and directed to forward two certified copies
of thic resolution to the Commissioner of Transportation for his consideration.
ADOPTED March 24, , 1997 —
JAE ST:
qty Clerk Eltaine Beatt
CERTIFICATION
I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by
the City Council of said City on Mar—t, 2-a , 19 9:7
iv Clerk Elaine &atty
City of Otsego
Hakanson
1 Anderson
Assoc., Inc.
March 28, 1997
Mr. Mike Tardy
District 3 State Aid Engineer
Mn/DOT District 3
1991 Industrial Park Road South
Baxter, MN 56401
RE: FY 96 ISTEA Project 8696
SP 217-090-01
Otsego, MN
Dear Mr. Tardy:
3601 Thurston Avenue
Anoka, Minnesota 55303
612/427-5860
Fax 612/427-3-#01-- 0520
We are transmitting plans for the above referenced project in both hard copy and
electronic format. In addition, we have enclosed the following:
• Maintenance policy for bike/hike facilities as approved by Otsego Council
March 24, 1997.
• Pre-bid cost estimate.
• Correspondence with Wright County regarding permits.
• Special provisions are being sent under separate cover.
We also wish to notify Mn/DOT of changes made to the project since the initial
application and Project Memorandum. Lastly, we are requesting a design waiver on
the Ohland Street portion of the project.
i - • \ • - , • L • i • a • : U
The project as described in the -Proj-ect Memorandum (PM) was modified for budgetary
purposes. At the same time the intent was to conform as much as possible to the
integrity of the project on the original application.
The need for the changes primarily arose out of a need to reduce costs once sufficient
detail was available and preliminary design was undertaken. The cost estimate for the
project as described in the PM was in excess of $390,000 or roughly $144,000 (60%)
over the ISTEA grant budget. The extreme variance is attributed to the amount of
obstacles and encroachments within the road rights-of-way, as well as changes in
design standards (8' wide paths to 10' wide paths) since the original application.
Engineers Landscape Architects Surveyors
Mr. Mike Tardy
Page 3
March 28, 1997
primary destination being the County Park, a greater proportion of young children will
use this pathway.
If you have any questions, please let us know.
Sincerely,
HAKANSON ANDERSON ASSOCIATES INC.
kas
Enclosure
cc: Elaine Beatty, Otsego Clerk/Zoning Admin
Lawrence G. Koshak, PE, City Engineer
OT709.mt 1
Hakanson
Anderson
Assoc., Inc.
i.ms List for Approval
KIT( TD61 nP rTTY OF OTS
03/18/
POT t.Ilo F..,vi--
z
CLAIM
TOTAL
ACCOUNT
FOR WHAT PURPOSE
DATE
NUMBER
CLAIM
NUMBER
•
°
TO WHOM PAID
NORTH HENNEPIN COMMUNITY COLLEGE
ACCESS FOR WINDOWS TRAINING
03/18/97
2382
238.00
101-41100-360
101-41400-360
ELAINE NORIN
POSTAGE - HERITAGE.:COMMISSION
03/18/97
03/18/97
2383
2384
3.17
26,522.74
101-45300-206
701-41560-302
°
HAKANSON ANDERSON ASSOC INC
PROFESSIQNAL SERVICES
101-41560-302
9
NORTHERN AIRGAS
OXYGEN,ACETYLENE,ETC.
03/18/97
2385
2386
64.22
8.71
101-43100-22C
101-43100-220
10
11
CROW RIVER FARM EDUIPMENT
PARTS
03/18/97
03/18/97
2387
1,174.23
101-43100-37'
12
DEPT
C.
101-43100-373
13101-43100-203
ILL,
"I
NG
`03/18/97
2388
466.79
101-41400-350
1s
16
DUERRS WATERCARE SERVICE
JANUARY SERVICE
03/18/97
03/18/97
2389
2390
25.65
186.16
101-43100-201
101-41940-560
t7
ST CLOUD RESTAURANT SUPPLY
2 TABLES
03/18/97
2391
1,759.85
101-41940-560
1°
PAUL R HT
EAST SIDE LEASING CO. "
SPLAY HUTCH
COPIER' LEASE
03/18/97
03/18/97
2392
2393
237.92
904.20
101-41400-410
101-43100-202
"'
2G
H G WEBER OIL COMPANY
3/.550 ELIVERY-
03/18/97
2394
241.59
101-43100-22G
zi
T s
JOSEPH5 EQUIPMENT INC
GENE SOMMERS
DEPOSIT REFUND
03/18/97
03/18/97
2395
2396
180.00
75.00
101-39500-000
101-41610-39G
zz
z'
BEST DISPOSAL
MARCH RECYCLING
03/18/97
2397
200.16
101-41400-414
z.
S
p T
'3!3 DELI �"
BEAUDRYOIL COMPANY '� -
03/I8/97
`d3/lg/97
2398
2399
63.79RENTALS
16.14
101-45200-2
101-45200-320
ze
AT & T
SERVICE TO 2f 22
101-43100-320
7
03/18/97
2400
51.12
101-41400-320
101-43100-220
z°
z,a
ZIEGLER INC
PARTS
FF 0 G
03/18/97
2401
8,395.00
101-42100-390
30
—
U_S. WEST COMMUNICATIONS
SERVICE 2l2
03/18/97
03/18/97
2402
2403
51.14
697.31
101-43100-320
101-41940-389
31
31
LONG & SONS
FEBRUAR`C'CLEANi G�SERVICE
JNCIL03/18/97
03/18/97
2404
89.46
101-41100-203
33
34
ELK RIVER PRINTING &
BFI — WOODLAKE SANITATION SERVICE
FEBRUARY RECYCLING
03/18/97
2405
2406
317.50
150.00
101-41610-390
301-47500-603
33
FIRSTAR TRUST COMPANY
FISCAL SERVICES FEES
03/18/97
2407
956.90
101-41610-390
LAPL TION INC
INC -, :.,
JAN & FEB RECYCLINGv
PARTS ;� -
03/18/97
-
2408
94.53
101-43100-220
NAPA OF ELK RIVER
.. �.�
03/18/97
2409
5,674.40
701-41570-30
3D
NORTHWEST ASSOCIATED CONSULTANTS
FEBRUARY SERVICES'
101-41570-30
101-41570-30�
40
41
42
:.:
48 ,845 .68
47
TOTAL FOR MONTH
w
48 845.68
TOT4L YEAR TO DATE
q45
�%
4°
47
-312
379
Iq
4
4,a
a8
�—
52
;3
-
Fj,1. `
Q.,,ek5
S�asG
TOTAL FOR MONTH -1,
�,R
TOTAL YEAR TO DATE
ex 2,075
s�:
2,075
Claims List
ai
for AYPOFvOTSEGO
For the period 03/18/97 to
03/18/97
CLAIM
TOTAL
DATE NUMBER
CLAIM
TO WHOM PAID
FOR WHAT o11RPO5E
SEPT -OCT. MOWING
03/18/97 2372
285.00
178.00
FT -"T CHOICE LAWN CARE
-THE RASIJQ
jMF
REGISTRATION FOR LEG.CONF.
ON 3/20 03/18/97 2376
2377
90.00
816.95
LEAGUE OF MN CITIES
03/1A/Q7
TOTAL FOR MONTH -1,
�,R
TOTAL YEAR TO DATE
ex 2,075
s�:
2,075