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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