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05-26-98 CCCITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 4. Open forum: ;5 Minute Limit Elaine Beatty Council of: 5/26/98 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB, CC 4.2. Special Presentation: A. Bill Christian - Lin -Bar II Development. Discussion Re: Developers Agreement requirement for 5 - 4" Trees/Guaranteed (See attached information Re: Proof of tree size not being feasible). BACKGROUND: Bill Christian came before the Council on Open forum on May 11, 1998. He has compile: more information for the Council to consider. See az--ached informa:ion an Bill will explain and answer any questions. RECOMMENDATION: This is for Council consideration and any_ decision. Elaine NOTE: Bill Christian's Attorney and Andy MacArthur discussed this issue today and Bill decided to come thru the P.C. and Council for a PUD Amendment. (He will not give a Special Presentation as Noted) CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 5. CONSENT AGENEA EB Council 5/26/98 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 5.1. Set A Workshop date for review of Sewer and Water Plans and Specifications for pipe system for Tuesday, .Tune 16, 1998 at 6:30P -NI BACKGROUND: Engineer John Harwood was asked to bring the Plans and Specifications for Sewer and Water pipe system for review at this 5126/98 Council Meeting. He could not finish the plans and specs until Monday the 26th, (which you will have tonight). This item is to set a date, Tuesday, June 16, 1998 - 6:30PM for an Engineer/Council Workshop for the purpose of reviewing the Sewer and Water Plans and Specifications for Pipe. John Harwood can make this date for a Workshop Meeting and we hope the Council can also. RECOMMENDATION: If the Council can make the date of Tuesday, June 16, 1998 at 6:30PM for a Sewer and Water Plans and Specifications for Pipe Workshop to review same, staff recommends approval of the Consent Agenda. If not, it will need to be pulled from the Consent Agenda and discussed, to find a suitable date for a Workshop. Thanks, CG Elaine CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: IIDEPARTMENT: PREPARED BY: MEETING DATE 6. DAN LICHT, ASSISTANT CITY PLANNER Elaine Beatty Council of: 5/26/98 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 6.1. Consider Joel L Kolles and Jeaneen M Kolles, 8925 Mason Avenue NE PID # 118-500-192 101 and owners Kenneth L Davis PID q 118-500-192100 8841 Mason Avenue NE, Section 19, Twp. 121, R 23, Request as follows: L A Conditional Use Permit to allow a residential lot size larger than 2.5 acres in A-1 Zone as part of a one per quarter -quarter section divisioa (Lot line adjustment to add 1.60 acres for 2.99 total sae of lot). 6.2. Consider John Daniels President, Otsego Industrial Park, Inc. P.O. Box 267 Albertville (Otsego) PID 9118-1324001010, Lot 1, Block 1, and Lot 2, Block 1, Otsego Industrial Park, Sec. 34 Twp. 121, R. 24 (65TH ST NE and Kadler Ave NE South of I-94. Request is as Follows: 1. Rezone Lot 1, Block I, Otsego Industrial Park from INS (Institutional Zoning District) to I-2 (General Industrial District) 2. Vacation of the Platted Drainage Easement that ties on the North end of Lot 2, Block 1, Otsego Industrial Park (Drainage easement has been provided for elsewhere on plat) 3. Review site and building plans for Otsego Industrial Site Warehouse/ Office Bldg. (APEX Business Center) BACKGROUND: 6.1. (Dan Licht, will be here to explain these requests separately and answer questions.) This item came before the P.C. for Hearing on May 'o, 1998 at 8PM. A__ached you will find a draft of the P.C. Minutes and Findings of Fact, for your information. After much discussion, the following motion was made. EUGENE GOENNER MOTIONED TO APPROVE THE CONDITIONAL USE PERMIT TO CHANGE THE LOT SIZE WITH THE CONDITION THAT THE SUBJECT ONE ACRE TO THE NORTH BE MAINTAINED AS OPEN SPACE UNTIL DEEMED DEVELOPABLE. ARLEEN NAGEL SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED. JIM KOLLES ABSTAINED. 6.2. This item came before the P.C. for Hearing on May 6, 1998 at 82M. AZcached are draft P.C. Minutes and Findings of Fact, for your review. Af_er much discussion the following motion was made: ITEM NO, 1: EUGEEN GOENNER MOTIONED TO REZONE LOT 1, BLOCK 1, OTSEGO INDUSTRIAL PARK FROM INS (INSTITUTIONAL) TO I-2 (GENERAL INDUSTRIAL). BRUCE RASK SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED. ITEM NO, 2: BRUCE RASK MOTIONED TO APPROVE THE VACATION OF THE PLATTED DRAINAGE EASEMENT THAT LIES ON THE NORTH END OF LOT 2, BLOCK 1, OTSEGO INDUSTRIAL PARK, SUBJECT TO THE FOUR CONDITIONS OF NAC'S REPORT DATED APRIL 23, 1998. ARLEEN NAGEL SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. ITEM NO. 3 : EUGENE GOENNER MOTIONED TO APPROVE THE SITE PLAN REVIEW FOR THE OTSEGO INDUSTRIAL WAREHOUSE/OFFICE BUILDING SUBJECT TO THE CONDITIONS IN NAC'S REPORT DATED APRIL 23, 1998 SUBJECT TO THE 13 CONDITIONS INCLUDING COMMENT BY THE CITY ENGINEER. ARLEEN NAGEL SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. ITEMS 6.1 and 6.2 CC Agenda of 5/26/98 6:30PM (Continued) RECOMMENDATION: 6.1. This is for Council decision. The Planning Commission has recommended approval of the CUP with the subjection one acre to the North being maintained as open space until deemed developable. 6.2. This is for Council decision. The Planning Commission has recommended approval of items No. 1, 2 and 3 unanimously in separate motions. Than' s, Elaine t MAY -20-1998 , 13 59 NAC�� %_ / 612 595 9837 P.02/13 C'C, ( 2 / NORTHWEST ASSOCIATED CONSULTANTS Nw` r'm% INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 20 May 1998 RE: Otsego - Kolles A-1 District Lot Size CUP FILE NO.: 176.02 - 98.02 The Planning Commission, at their meeting on 6 May 1998, recommended approval of a Conditional Use Permit to allow a lot created as part of a quarter -quarter section division with a 2.99 acre lot size. A findings of fact has been prepared reflecting the Planning Commission recommendation and is attached as Exhibit A- PC. Elaine Beatty Andy MacArthur 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA SS4 1 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 MAY -20-1998 13:59 NAC 612 595 9837 P.03i13 IN RE: Conditional Use Permit Approval CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA FINDINGS OF FACT AND DECISION Application of Joel and Jenneen Kolles for a conditional use permit to allow the establishment of a one per quarter -quarter section division lot size of 2.99 acres within an A-1, Agricultural Rural Service District. The Otsego City Council met at its regularly scheduled meeting on 26 May 1998 to consider the aforementioned application. Based upon the application, the recommendation of the Planning Commission and evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT 1. The applicants are requesting a conditional use permit to allow the establishment of a "one per quarter -quarter section" division lot size of 2.99 acres within an A-1, Agricultural Rural Service District. 2. The applicants' existing 1.60 acre parcel was created as part of a -one per quarter - quarter section" division. 3. The applicants are proposing to add a total of 1.39 acres of land to their existing 1.60 acre parcel, thus creating a 2.99 acre parcel. 4. The legal description of the subject property is as follows: SEE ATTACHED EXHIBIT A 5. Section 20-51-5.G.2 of the Zoning Ordinance states that residential lot sizes between 2.5 acres and 10 acres may be allowed within the A-1 Zoning District by conditional use permit given that one of the following conditions must be satisfied: a. Existing building occupying an area larger than the lot sizes maximum; or b. The land involved in the subdivision is non -tillable and marginal for use in agricultural production. EXHIBIT A - FINDINGS OF FACT MAY -20-1998 1400 NAC 612 595 9837 P.04i13 6. All of the structures on the applicants' existing property are within the boundaries of the established property lines. 7. According to the Wright County Soil Survey, a .39 acre parcel to be added to the applicants' existing property, is identified as being within the Hubbard Sandy Loam series with slopes of 6 to 12 percent. Agricultural use of these soils is characterized as "severely limited" due to low moisture and erosion. 8. The 1.00 acre parcel to be added to the north of the applicants' existing property is currently tilled for agricultural production. 9. The Wright County Soil Survey identifies the soils of the 1.00 acre parcel to be added to the applicants' existing property as within the Hubbard Sandy Loam series with slopes of 0 to 2 percent. These soils are characterized as "suited" for small grain crops or pasture. 10. Section 20-4-2.17 of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the proposed conditional use, as follows: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The proposed lot size is consistent with the Comprehensive Plan. b. The proposed use's compatibility with present and future land uses of the area. Finding: The existing residential use is compatible with present and future land uses. C. The proposed use's effect on the area in which it is proposed. Finding. The proposed lot size will not negatively impact the area. d. The proposed use's impact upon the property values of the area in which it is proposed. Finding: Although no specific study has been completed, no impact to adjacent property values is anticipated. e. Traffic generated by the proposed use in relation to capabilities of streets serving the property. 2 MAY -20-1998 14:01 NAC 612 595 9837 P.05i13 Finding: The proposed lot size will not affect traffic capabilities of adjacent streets. f. The proposed use's impact upon existing public services and facilities including parks, schools, streets and utilities, and its potential to -overburden the City's service capacity. Finding. The proposed lot size will not overburden the City's service capacity. 11. The planning report, dated 23 April 1998, prepared by Northwest Associated Consultants, Inc., is incorporated herein. 12. On 6 May 1998, the Otsego Planning Commission conducted a public hearing to consider the conditional use permit application preceded by published and mailed notice. Upon review of the conditional use permit application and evidence received, the Otsego Planning Commission closed the public hearing and recommended the City Council approve the conditional use permit based upon the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinances, the applicants' request for a conditional use permit to allow a quarter -quarter section division lot size of 2.99 acres in an A-1 Zoning District is approved in its present form and subject to the following conditions: The 1.00 acre parcel north of the applicants' existing property which is to be combined shall be deed restricted and maintained as open space until such time as it may be rezoned. 2. The proposed subdivision shall be subject to review and approval of the Zoning Administrator. ADOPTED by the Otsego City Council this 26th day of May 1998. 3 MRY-20-1996 14:W1 NRC 612 595 'JU15 r t. 14b/ 1,5 ATTEST: By: CITY OF OTSEGO By_ Larry Fournier, Mayor Elaine Beatty, City Clerk/Zoning Administrator rd CITY OF OTSEGO PLANNING COMMISSION MEETING MAY 6,1998-8PM 1 _Chair Carl Swenson will call meeting to order: Chair Carl Swenson called the Planning Commission Meeting to order at 8:00 PM. ROLL CALL: Present: Carl Swenson, Chair; Planning Commission members, Bruce Rask, Arleen Nagel, Eugene Goenner, Christian Mbanefo, and Jim Kolles. Richard Nichols, had an excused absence. Council Representative; Vern Heidner, Mayor, Larry Fournier; CM Wendel, CM Berning, CM Ackerman. Staff: Dan Licht, Assistant City Planner; Elaine Beatty, City Clerk/Zoning Administrator; Carol Olson, Secretary. Chair Swenson welcomed Christian Mbanefo as the new Planning Commission Member. Ing Roskaft has requested to be placed as Alternate, and Chair Swenson spoke of Ing's dedication over the years. Consideration of the Planning Commission Minutes_ of* A April 15, 1998 PC Meeting EUGENE GOENNER MOTIONED TO APPROVE THE PLANNING COMMISSION MINUTES OF APRIL 15, 1998, AS WRITTEN. JIM KOLLES SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED. B. 8, 1998 PC/CC Workshopre: Comp• Plan. BRUCE RASK MOTIONED TO APPROVE THE PLANNING COMMISSIONXITY COUNCIL WORKSHOP MINUTES OF APRIL 8,1998, AS WRITTEN. ARLEEN NAGEL SECONDED I THE MOTION. ALL IN FAVOR. MOTION CARRIED. 3 Public Hearing for ap■LIaLL'' tlI■�711t1 ■ool r Kolles and Jeaneen M Kolles / T� ` 8925 Mason Avenue NE} Eli River, MN 55330. TID#118-500-192101 and Owners Kenneth T Davis PID;# 119-500-192100, 8841 Mason Avenue NE Elk iver MN 55330 request is as follows• 1 A Conditional Use Permit to allowa residential lot size larger an two and one-half (2.5) acres in size in A-1 Zoned land (Agricultural RLral Service Area) as part of "one per quarter -quarter" Section rli 'Sion (The purpose of this CUP is to consider a lot line adiLstment to add ad itiona land to the existing 1.60 acres.) Chair Swenson - Commissioner Jim Kolles stepped down due to a possible conflict. Elaine Beatty, City Clerk, noted that all the proper publishing and posting has been done. Dan Licht read the applicants request for a conditional use permit to allow a residential lot size larger than two and one-half acres within the A-1, Agricultural Rural Service Area District. The applicants are proposing to add a one acre parcel to the south to their property, for a total of approximately 2.99 acres. The condition of the land is to be non - tillable and marginal for use in agricultural production. (see attached) The Wright County Soil Survey identifies the soils adjacent to the creek as sandy loam with slopes 6 to 12 percent. Because the intent of the Comprehensive Plan and Zoning Ordinances have not been met, NAC does not recommend approval of the applicants request as presented. Chair Swenson asked the applicant if he wished to comment. PLANNING COMMISSION MEETING of May 6,1998 cont'd Page 2 Joel Kolles The property was originally part of the Ken Davis farm. The 8925 Mason Ave NE survey was down the center of the creek. The property is not large enough to get equipment turned around. We wish to buy the property for a larger buffer zone around us. Later when more development comes in that property will remain as is, planted in trees etc. I hope you would consider approving this application. Chair Swenson opened the Planning Commission Hearing to the public. Jim Kolles Joel Kolles' brother - Regarding good farm land, doesn't feel this 12304 95th Street one acre would be of any affect. Chair Swenson brought the discussion back to the Planning Commission. CM Heidner - Asked if the parcel could be split off with no building rights. Dan Licht - Answered that it could not be legally split. The issue is the accumulative part of the land being over the allowed 2.5 acre lot size. Chair Swenson went back to the public for comment. Joel Kolles stated that the sole intent is to have a larger lot and not to sell the property. Doug Kolles Asked if Ken Davis' daughter wanted to buy that land would it be 8700 Parrish allowed. Chair Swenson answered that if the conditions where the same as now, it would not have been allowed. Chair Swenson closed the public hearing and brought the discussion back to the Planning Commission. PC Goenner recommended that further deed restrictions to the property be one of the conditions of the CUP and the property should remain as open land until the time of rezoning. Joel Kolles stated that according to City Ordinance, a CUP would be required now. He had no problem with adding that condition. PC Rask asked what was used to determine productive farm land. Dan Licht stated that the Wright County Soil Survey is used to make that determination. EUGENE GOENNER MOTIONED TO APPROVE THE CONDITIONAL USE PERMIT TO CHANGE THE LOT SIZE WITH THE CONDITION THAT THE SUBJECT ONE ACRE TO THE NORTH BE MAINTAINED AS OPEN SPACE UNTIL DEEMED DEVELOPABLE. ARLEEN NAGEL SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED. JIM KOLLES ABSTAINED. C This will be on the City Council Agenda of May 26, 1998 at 6:30 P.M. 4 Public Hearing for applicant/owner john Daniels, President, Otsego c.P Industrial Pari,Inc.P O Box 16 F, Albertville, MN 55301, PID#118 132 001010, Lot block 1, and Lot 2, Block 1, Otsego Industrial PLANNING COMMISSION MEETING of May 6, 1998 cont'd Page 3 Chair Swenson read the applicants request. Elaine Beatty, City Clerk noted that the proper publishing and posting has been done. Dan Licht - There are three approvals necessary to accommodate the proposed development. The first request is to rezone Lot 1, Block 1, Otsego Industrial Park from INS to I-2, secondly to vacate the Platted Drainage Easement, and third to review site and building plans for an industrial site warehouse/office building. (see attached) Prior to zoning INS the property was zoned I-1. The current Comprehensive Plan and the Draft Comprehensive Plan suggests continued industrial development of that site. Regarding the vacation of the Platted Drainage Easement, the City Engineer has reviewed and submitted letters dated April 22, and April 27, 1998. (see attached) There will be significant run off from the roof of the structure. A berm along the west property line is recommended to direct the run off to a drainage pipe that goes under Jansen Avenue. Currently the applicant is proposing to construct the first level of the building. (future two story) The parking requirements have been satisfied, but at the time of an addition of mezzanine or second floor, parking demands will increase. The applicant has provided proof of parking, but it is being proposed in the same area as the proposed berm. The request for review of the site and building plans are consistent with the Zoning Ordinance. According to Section 20-22-9, for warehouse uses, requires one stall for one thousand square feet, plus one stall per maximum employee per shift, plus one stall per each company truck not stored inside the building. The applicant would like to install bituminous after one frost season to allow proper settling. The condition has been added requiring all parking/driveway areas be bituminous surfaced and striped by November 1, 1999. Additional landscaping has been recommended along the north side, planting on the west and south property lines. The requested re -zoning is consistent with the site and should be approved. NAC recommends approval of vacation of the Drainage Easement subject to two conditions listed in NAC's report dated April 23, 1998, and subject to the City Engineer's approval. NAC also recommended approval of the site and building plan review subject to the 13 conditions, which Dan Licht read: (see attached) Jack Grotkin I have two comments regarding the 13 conditions. R. J. Ryan Construction Item 6. Concrete curbing -be provided around all parking,/circulation areas- We are proposing curb around the front of the building parking area, because the Engineer is concerned with the lack of storm sewers. PLANNING COMMISSION MEETING of May 6, 1998 cont'd Page 4 We were not planning to put any curb on the northwest part or the southwest part. We were going to run curb around the front parking area. If needed around the entire site, we'd be taking that water and funneling it and create too much run off and erosion, instead of having it equally dissipated. Item10, I would agree to put addition landscaping on the south property line, but along the west property line is the back side of the building that backs up to agricultural land. We have great intentions of finishing off the second floor, and at that point we would increase the parking. I would request that we do the parking as shown by the civil engineer and that we put the landscaping on the south side, but not on the west side. Chair Swenson opened the Hearing to the public. No one wished to be heard. The Hearing was brought back to the Planning Commission. PC Rask questioned the additional landscaping. Dan Licht - The intent is to provide screening of the loading docks per Zoning Ordinance. Jack Grotkin stated that part of the request is to have an illuminated sign on the building. We will put some rolling berms there. CM Heidner asked how many parking stalls would be put in initiallyand was concerned that it was excessive. Dan Licht answered 133 stalls, the number is based on trip generation and occupancy figures calculated by the Institute of Engineers. Jack Grotkin stated that typically municipalities require 1 per 2,000 square feet for warehouse parking, 1 per 1,000 square feet for manufacturing, and 1 per 200 square feet for offices. Dan Licht stated that the 1 per 1,000 would be meeting the requirement of the parking demands. PC Goenner questioned the need for the additional berm with the curb requirement. Dan Licht - The City Engineer has determined that the berm is necessary due to anticipated water rising above the proposed curb. Jack Grotkin stated that the Engineer was concerned with collecting and guiding the run off as not to run in agricultural property and cause erosion. Dan Licht - The City Engineer has stated that the curb provision would not be adequate without improvement to the pipe under Jansen Avenue. At this time the berm is sufficient to move the water to the pipe and prevent it from flowing to the west. Chair Swenson asked if by directing the water to the east, it would flood the septic system. Dan Licht - In a memorandum dated April 27, 1998, the City Engineer addresses the potential high water over the septic site. This needs to be reviewed in coordination with the City Building Official. PLANNING COMMISSION MEETING of May 6,1998 cont'd Page 5 EUGENE GOENNER MOTIONED TO REZONE LOT 1, BLOCK 1, OTSEGO INDUSTRIAL PARK FROM INS (INSTITUTIONAL) TO 1-2 (GENERAL INDUSTRIAL). BRUCE RASK SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED. Item 2e Chair Swenson asked for public comment. There was none. Brought the discussion back to the Planning Commission. PC Goenner asked about enlarging the pipe under Jansen Avenue at this time as opposed to the time of an addition to the structure. Dan Licht - If it were done at this time it would eliminate the berm requirement. BRUCE RASK MOTIONED TO APPROVE THE VACATION OF THE PLATTED DRAINAGE EASEMENT THAT LIES ON THE NORTH END OF LOT 2, BLOCK 1, OTSEGO INDUSTRIAL PARK, SUBJECT TO THE FOUR CONDITIONS OF NAC'S REPORT DATED APRIL 23, 1998. ARLEEN NAGEL SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. Dan Licht commented on the curb and gutter requirement. The Zoning Ordinance, Section 20-22-4.H.15, is specific that curb and gutter be provided around the entire perimeter of the site, except as specifically approved by the City Engineer. EUGENE GOENNER MOTIONED TO APPROVE THE SITE PLAN REVIEW FOR THE OTSEGO INDUSTRIAL WAREHOUSE/OFFICE BUILDING SUBJECT TO THE CONDITIONS IN NAC'S REPORT DATED APRIL 23, 1998 SUBJECT TO THE 13 CONDITIONS INCLUDING COMMENT BY THE CITY ENGINEER. ARLEEN NAGEL SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. 5. Any other PC Business: Chair Swenson reminded everyone of the joint Planning Commission/City Council Workshop Meeting of May 13, 1998. CM Vern Heidner gave an update on the proposed wastewater treatment plant. At the Monday night, May 4th, meeting the City Council approved the Plans and Specs for the wastewater treatment Plant. Preliminary approval by the MPCA has been given. There may be additional costs due to more restrictive phosphorus levels. 6. Adjourn by 10 PM• BRUCE RASK MOTIONED TO ADJOURN. CHRISTIAN MBANEFO SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED. Jim Kolles, Secretary Recorded by: Carol Olson PIH T . CIU . 1770 7 • 1.r r1V 1 r / / I •� • +�� +- + TO:OTSEGO C/1/y vriC` To: ,V zy // cis r 4 TJQ 4 0 1�L rJ�r/ivc"w 96 3.4 - - Attn : Memorandum Date: Subject: ^�AEk �uiGrJl�✓q C-�lCit- Or/rs� File #: Narrative: G/TY eiz.O�.v�titJc.� E u/�cf.t CaNciL�ri. CuiC.� � � Z�vv! ,iJl/ />c.i�/i� � 7�i1nf�/N � Gv / r�il�✓ �i ii _ /N/lu�r��� 1��t�� T�G�ti. /✓ iflo 1&,6.er�.vr/U d - - 1� T'o I/R rc. Y AA u." eic rJ �•c,�,r,� c d n�9 � is G � car✓ .5/1G`ci rc,,, 6 /y -r-40"a Co 4j cXa°r G c��S C.�1B- rah cy T� o�«hi.v oN/�r/Z CTloN cc.lc Ae N r Ale -41,0,4.9 d Aviv rILo c. oic- r XIV O I--: J 4 o Furu� J�ilRk/ti g Ile /gNvZ . O CC u�t � ,� �'� J' �(%�?' Ji��///l C •T %L E 4 Gl /�C ��H Gt � %.% c C: f _ r l/eti -11�4 -wi-Oroz /< HdicclnSOn 3601 Thurston Avenue 103 Pine Street Anderson Anoka, Minnesota 65303 Monticello, MN 55382 Assoc., Inc. (812) 427-6887-5880 (612) 427-0620 Fax (612) 295-5800 (812) 295-4488 Fax To: ,V zy // cis r 4 TJQ 4 0 1�L rJ�r/ivc"w 96 3.4 - - Attn : Memorandum Date: Subject: ^�AEk �uiGrJl�✓q C-�lCit- Or/rs� File #: Narrative: G/TY eiz.O�.v�titJc.� E u/�cf.t CaNciL�ri. CuiC.� � � Z�vv! ,iJl/ />c.i�/i� � 7�i1nf�/N � Gv / r�il�✓ �i ii _ /N/lu�r��� 1��t�� T�G�ti. /✓ iflo 1&,6.er�.vr/U d - - 1� T'o I/R rc. Y AA u." eic rJ �•c,�,r,� c d n�9 � is G � car✓ .5/1G`ci rc,,, 6 /y -r-40"a Co 4j cXa°r G c��S C.�1B- rah cy T� o�«hi.v oN/�r/Z CTloN cc.lc Ae N r Ale -41,0,4.9 d Aviv rILo c. oic- r XIV O I--: J 4 o Furu� J�ilRk/ti g Ile /gNvZ . O CC u�t � ,� �'� J' �(%�?' Ji��///l C •T %L E 4 Gl /�C ��H Gt � %.% c C: f _ r l/eti -11�4 -wi-Oroz /< MAY -20-1998 IN RE: 14 08 NAC CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA 612 595 9837 P.11i13 Rezoning Approval FINDINGS OF FACT AND DECISION Application of John Daniels to rezone the following described property from INS, Institutional to 1-2, General Industrial. The subject property is legally described as: Lot 1, Block 1, Otsego Industrial Park On 26 May 1998, the Otsego City Council met at its regularly scheduled meeting to consider the application of John Daniels to rezone the above described land from INS, Institutional to 1-2, General Industrial. Based upon the application, the recommendation of the Planning Commission and evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT The applicant is requesting a rezoning of the following legally described property from INS, Institutional to 1-2, General Industrial. The subject property is legally described as: Lot 1, Block 1, Otsego Industrial Park. 2, Section 20-3-2.17 of the Zoning Ordinance directs that the Planning Commission and City Council consider the possible adverse effects of the proposed rezoning based upon (but not limited to) the following factors: a. The proposed action's consistency with the specific policies and provisions of the Official City Comprehensive Plan. Finding. The Comprehensive Plan suggests industrial use of Lot 1, Block 1 of the Otsego Industrial Park. The requested rezoning is therefore consistent with the City's Comprehensive Plan. EXHIBIT A - FINDINGS OF FACT MAY -20-199e 14:09 NAC 612 595 9e37 P.12/13C b. The proposed use's compatibility with present and future land uses of the area. Finding: Industrial land uses are planned for the properties to the north and east of Lot 1, Block 1. Additionally, the Zoning Ordinance contains provisions that require industrial uses to be screened and buffered from existing or planned residential uses to the west and south. C. The proposed use's conformity with all performance standards contained within the Zoning Ordinance. Finding: No development of Lot 1, Block 1 is proposed at this time. Lot 1, Block 1 does conform to applicable 1-2 District performance standards regarding lot size and width. Therefore, Lot 1, Block 1 is considered a buildable parcel upon which a proposed use may be developed within the performance standards of the Zoning Ordinance. d. The proposed use's effect upon the area in which it is proposed. Finding: Again, no specific use is proposed for Lot 1, Block 1 at this time. As the Comprehensive Plan suggests industrial development of Lot 1, Block 1, no negative impact to adjacent properties from an industrial use of the parcel is anticipated, provided said use conforms to applicable Zoning Ordinance standards. e. The proposed use's impact upon property values of the area in which it is proposed. Finding: Although no detailed study has been completed, an industrial use of Lot 1, Block 1 is not anticipated to negatively impact surrounding property values. f. Traffic generation of the proposed use in relation to capabilities of the streets serving the property. Finding: Jansen Avenue to which Lot 1, Block 1 has access, was designed and constructed to carry industrial use traffic. As such, Jansen Avenue has sufficient capacity for traffic generated by an industrial use of Lot 1, Block 1. g_ The proposed use's impact upon existing public services and facilities including parks, schools, streets and utilities and its potential to overburden the City's service capacity. 2 MAY -20-1998 Finding: As Lot 1, Block 1 is anticipated to develop with an industrial use by the Comprehensive Plan, an industrial use of the parcel will not overburden the City's service capabilities. 3. The planning report dated 23 April 1998, prepared by Northwest Associated Consultants, Inc., is incorporated herein. 4. On 6 May 1998, the Otsego Planning Commission conducted a public hearing to consider the rezoning application preceded by published and mailed notice. Upon review of the conditional use permit application and evidence received, the Otsego Planning Commission closed the public hearing and recommended the City Council approve the rezoning based upon the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinances, the applicant's request to rezone Lot 1, Block 1, Otsego Industrial Park from INS, Institutional to 1-2, General Industrial Zoning District is approved in its present form. ADOPTED by the Otsego City Council this 26th day of May 1998, CITY OF OTSEGO By: ATTEST: Larry Fournier, Mayor By: Elaine Beatty, City Clerk/Zoning Administrator 3 TOTAL P.13 MAY -20-1998 - 14:02 NAC c� L I-F� 612 595 9837 P.08i13 NORTHWEST ASSOCIATED CONSULTANTS NING COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 20 May 1998 RE: Otsego - Apex Building Center: Planning Commission Action FILE NO.: 176.02 - 98.01 The Planning Commission at their meeting on 6 May 1998 considered the request of R.J. Ryan Construction, Inc. for vacation of a platted drainage easement and site plan review for construction of an industrial warehouse office use on Lot 2, Block 1 of the Otsego Industrial Park In conjunction with this request, the Planning Commission also considered a rezoning of Lot 1, Block 1 of the Otsego Industrial Park from INS, Institutional District to 1-2, General Industrial District, which is necessary to accommodate a proposed minor subdivision that would add land to the subject site. The Planning Commission unanimously recommended approval of the requested rezoning of Lot 1, Block 1. A findings of fact reflecting the Planning Commission's action for consideration by the City Council has been attached as Exhibit A. In considering the site plan, the Planning Commission discussed the need for additional site landscaping of the west and south property lines and the need for curb along the west perimeter of the parking area. Because a berm is being provided on the west property line and that this area may be constructed for additional parking in the future, the Planning Commission suggested that additional landscaping was net necessary on the west property line. The Planning Commission recommended that the.provision of curb on the west perimeter of the parking area be subject to review and approval of the City Engineer. The City Engineer has issued comments on this matter in a memorandum dated 20 May 1998 that recommends that concrete curb be installed around the entire perimeter. The Planning Commission unanimously recommended approval of the site plan for the Apex Building Center as well as the vacation of the platted drainage easement on the subject site, subject to the conditions outlined in the 23 April 1998 Planning Report as amended. A revised list of recommended approvals with condition has been included below for reference: 5775 WAYZATA BOULEVARD, SUITE 555 5T. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 6 1 Z-595-9637 MAY -20-1998 14:03 NAC 612 595 983? P.09/13 - Approval to vacate the platted drainage easement on the northern portion of Lot 2, Block 1, Otsego Industrial Park, subject to the following conditions: 1. All grading and drainage shall be subject to review and approval of the City Engineer. 2. The applicant submit a preliminarynal plat subject to review and approval of the Zoning Administrator. 3. The applicant shall submit proof in the form of an easement description and a county recorder's document number that the replacement stormwater ponding east of Jansen has been fully dedicated. 4. That the applicant submit an as -built survey of "Pond An showing the actual contours and stormwater storage volume provided. The applicant shall show that the drainage plan for the subdivision is fully implemented as such plan was originally submitted with development and as such plan has been or will be modified by the easement vacation. Approval of sitelbuilding plan review for Lot 2, block 1 of the Otsego Industrial Park subject to the following conditions: 1. The site be developed in substantial conformance with the following plans on file with the City of Otsego, except as modified herein: Site Plan - dated 4.14.98 Landscape Plan - dated 4.9.98 Floor Plan - dated 4.9.98 Building Elevations - dated 4.9.98 Grading & Erosion Control Plan - dated 4.3.98 2. The 14 angled proof -of -parking stalls directly adjacent to the building should be removed and that the angled parking stalls along the west property line be revised to a 90 degree angle. 3. The construction of proof -of -parking stalls will be required at such time as the mezzanine is utilized for office or warehouse use or at the determination of the City that the stalls are necessary to satisfy parking needs on the site. 4. The site plan be revised to indicate the location of proof -of -parking stalls. 5. A total of six (6) disability accessible parking stalls be provided. Apex Building Center - Planning Commission Action Page 2 MAY -20-1999 14:07 NAC 612 s95 9837 P.10i13 6. Concrete curb be provided around all parking/circulation areas. 7. Bituminous surfacing will not be required for parking circulation areas west of the front building line until 1 November 1999. The applicant will be required to post appropriate escrow for the installation of a bituminous surface west of the front building line as determined by the City Engineer. 8. All trash storage be maintained within the principal structure or an exterior enclosure of a material consistent with the principal structure must be provided. 9. Additional landscaping materials be added along the northern portion of the site to screen the loading areas from view of Jansen Avenue and Interstate 94. 10. The landscape plan is revised provide planting materials on the south property lines and to indicate sodding/seeding of all non -impervious areas. 11. The proposed septic system is subject to review and approval of the City Building Official. 12. All grading, drainage, erosion control and utility plans shall be subject to review and approval of the City Engineer. 13. Comments of other City Staff pc. Elaine Beatty Andy MacArthur John Harwood Jack Grotkin Apex Building Center -Planning Commission Action Page 3 Hakanson Anderson Assoc., Inc. MEMORANDUM TO: Honorable Mayor and City Council City of Otsego FROM: Ron Wagner, P.E. DATE: May 22, 1998 SUBJECT: Otsego Bike Trails 3601 Thurston Avenue Anoka, Minnesota 55303 612/427-5860 Fax 612/427-)S�X 0520 Exhibit A shows the trail along 96" St. N.E. and exactly which trees will be required to be removed. We have also enclosed a sketch which shows a proposed design which has a culvert and inlets instead of the ditch. The culvert system is not able to be funded with MSA funds and would be entirely local funds. We estimate the cost to be $9,500. 515/1-F X 300LF, 15" HDPE or CMP = $4,500 5750/INLET STRUCTURE W/4 INLET STRUCTURES REQUIRED = $3,000 FILL 50OLF X 1.5'X10'/2 = 140CY X $5.00 = $ 700 MISC. SEEDING, ETC. = $1,300 $9,500 C:\Share\WPmuni\AOTSEGO\709\ot709.mem.doc Engineers Landscape Architects Surveyors OORDINATE RELOCATION F UGHT POLE WITH TIUTY !l1 rAM Akin r'01 10 Q /Zc/ttavc S l-k.r/?'d - T?ccr un r& r" c--) r.� O ��/kJVC lL" Oil!! 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COORDINATE RELOCATION OF LIGHT POLE WITH UTILITY CLEAR AND GRUB -1 TREES TO ROW LINE W m /, �o W / o=g r aNLA a Z � Lj V)<0 r ADJUST % CASTING j I I MATCF SEE S mw—w RE. &A mropal, Y REMOVE 15" CMP (32 LF) CUT BITUMINOUS REMOVE DRIVEWAY INSTALL DRIVEWAY COORDINATE RELOCATION OF TELEPHONE PEDESTAL SAWCUT BITUMINOUS WITH UTILITY - CLEAR AND GRUB SAWCUT BITUMINOUS �y TREES TO ROW REMOVE IS CMP LINE (28 LF) CLEAR /AND TREES/TO ~� \ LINE 66 SY) 66 SY) fYvh. 0�� �/ �>?Co�S►1eu� — VARIES FROM 11 FT TO 15 FT 87q"• LINE_ 'FT 4 FF/882.5 -7-tf- 1 REMOVE INSTALL rxAA- -to % Pvvr a tom► ?,47-K Taw+,ej" 4)E;ST Tfl Cu��C-ter / PAVEMENT (57 SY) PAVEMENT (57 SY) OPF-STR I.E. OH 151114of6 oQemQ 2EL-6-) b RA DC 50 0 50 100 SCALE IN FEET HORIZONTAL PROFILE 5 0 5 10 SCALE IN FEET VERTICAL PROFILE PROFILE 895. ;. 450 ..:......... ......... .........:......... ....i. X8.4... .. :.........'t►rj.gr9.Z�.. ... PVi •STk 1 PVI ELEV 878.50 A.D. . 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(L< .... .... cc O a. 9Z'Z99 A313 Ad Olt+gt VIS Nd .............................. 6-099 Around Surface 2' wrap approved filter fabric " Meta .� 2'wMP approved f ilt,er fabric �- Weld _ �///Zy///A r dra In I Ine � f m in .1' min. ELEVATION Lap joint (wj1h band) and mortar if connected to dra in I ine smaller than 8" diameter Butt joint (with band) if connected to dra in I ine 8" or more in d iameter 1511 rain Basins For ordering information, see page 11. • Three grate options • Standard grates and solid covers are • Cast iron grate (see grates section) heavy duty H-20 traffic rated • PVC body • Pedestrian grates are • Inlet and outlet adapters available medium duty H-10 rated 4" through 15" • Drain basins available with adapters for: - Corrugated polyethylene - SDR -35 Sewer - Sch 40 DWV - Corrugated PVC - Ribbed PVC Minimum Angle Between Two Adapters 4'-4- 40.0° 4'-6- 45.0° 4'-8- 52.5° 4' _ 10' 57.5° 4" _ 12" 65.0° 4' - 15' 77.5° 6' 6' 50.0° 6• _ 81 57.5° 6' _ 10' 62.5° 6' 12' 70.0° 6" 15" 82.5° 8" _ 8• 65.0° 8' 10' 70.0° 8" 12' 77.5° 8" _ 15' 90.01 10' 10' 75.0° 10' 12' 82.5° 10' 15' 95.0° 12' 12' 90.01 12' - 15' 102.5° 15' 15' 180.0' 3.75" Variable Invert Variable F7 ::�- Height 7F q.. Height *(1) LL + 6-1 Minimum *(1) Maximum recommended overall height 10' *(2) *(2) Adapters can be mounted at any angle 0° to 359° To determine minimum angle between adapters please see chart at left For heavy duty H-20 or medium duty H-10 traffic rated installation please refer to our traffic rated Installation guidelines on our engineering drawings CAD disk. Grate Options 12"&15" ;•W,AM A Hinged Grateswk RIN IN •.❖.❖.� ❖.❖.•. Standard Pedestrian Solid H-20 Rated H-10 Rated Page 8 0 �91 MAY.21.1998 TO:OTSEGO HAKANSON ANDERSON ASSOC., INC. 2:11PM 3601 Thurston Avenue Anoka, Minnesota 66303 (612) 427-6860 (e12) 427-0620 Fax ❑ 103 Pine Street Monticello, MN 66362 (612) 296-6800 (612) 296-4488 Fax . • -.•Subject: ►. .a Aypnim • M ..: • Attn: File #: NO. 167 P.1/1 *6,2. Memorandum CC) J4',,) //C1T By: CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE ?. Andrew MacArthur, C-ty Attorney EB Counc- 5/26/98 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 7.1. Consider Tax Abatement Agreement with Apex Business Center 7.2. City Council Consider Tax Abatement Agreement with Apex Business Center 7.3. Any other Legal Business BACKGROUND: Mike Robertson, City Administrator met with APEX Reps., John Daniels, and others last week and they are requesting a tax rebate. Mike and Andy MacArthur will explain to the Council and both will be here to answer questions. Any tax rebate needs to be OK'd by the EDA so we have a short EDA meeting in the middle of the Council Meeting set up. We have no written material on this, but this is for discussion and any decision by EDA and Council. RECONINIEN DATION: This is for EDA and Council information and any decision. Thanks, ;� A Elaine Date: May 13, 1998 To: Mayor & Council From: City Administrator Re: Tax Rebate Request 1Iii • Mike Robertson - Apex Business Center I met today with four of the owners of Apex Business Center, the people who want to build a warehouse/office building next to Long Haul Trucking in the Otsego Industrial Park. If you recall, two of the owners were at the last Council meeting seeking some form of subsidy for their proposed building. Consideration of approval of their building is scheduled for the Council meeting of May 26, 1998. The Apex Business Center has 8 partners, three of whom are officers of Long Haul Trucking. The building they want to construct will consist of 10,000 square feet of office space (with expansion room for an additional 10,000 square feet) along with 50,000 square feet of warehouse space. They intend to rent out the office space to others to pay for the building mortgage, while the partnership will run the warehouse space. They would like to break ground on this building in June, 1998 and be occupying it by October, 1998. Because they want to get started so quickly, I told them that the City could not possibly set up a tax increment financing (TIF) district in time to accommodate those deadlines. They then said they would like a tax rebate similar to the one negotiated with Long Haul Trucking. They would like a rebate for the following expenses; $175,000 Soil Corrections Work $ 25,000 Well & Septic Installation $ 20,000 Additional Fire Wall Costs due to inability to sprinkle the building They would like this total cost of $220,000 rebated to them across 10 years at a rate of 22,000 per year. They have estimated their building costs as $2,000,000. The County Assessor has estimated that a $2,000,000 industrial building would pay approximately $100,000 in taxes a year. About $30,000 of that 100,000 in taxes would be the City of Otsego's share. They will be at the City Council meeting of May 26, 1998 to discuss this request. I have told them that the City Council might require some things from them in return for this tax rebate. I said that one thing I would recommend to the Council is that Apex agree to a minimum building valuation for the duration of the agreement. This would make certain that the City could collect enough taxes on the building to afford the rebate. I told them the Council might have other conditions. They said that if we had any questions in advance of the Council meeting they would be happy to address them. You can either address your questions to me and I will pass them on or you can call them directly. The best people to call are; Dennis Schaefer 497-3727, ext 166, or Dino Buege 497-3727, ext 191. 2 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 9. Co.snc» --ter-is: EE Co'snc_- x/26/98 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 9.1. Any Council Business A. Plans for Collection System and Well will be provided to the Council for their review on Monday night. (Engineer Harwood will not be at the meeting). B. Discussion of the triangle piece of property next to Otsego School Re: Park and Rees. BACKGROUND: 9.1. A. John Harwood will deliver the Plans and Specifications for the Collection System and Well on Monday, so Council will have Monday night. (Under Consent Agenda a Workshop date is scheduled for approval to review same w/ City Engineer). 9.1.B. The triangle piece of property that we bought from John LeFebvre was discussed at the last Council Meeting and it was OK'd for a City Park with the Park and Recreation Commission paying $15,000. for the property and the City pay $15,000. for the trail property. This item is on for further discussion after the Park and Recreation Commissioners had a chance to comment at their last Park and Rees. Meeting. RECOMMENDATION: This is for Council information and discussion./any decision. Thanks Elaine CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 9. CouncI Ttems: EB Council -/26/98 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 9.2. Mike Robertson, City Administrator - update: A. Discussion of Celebration Ordinance B. Discussion of Cracksealing Project BACKGROUND: 9.2.A. Attached is a Memo from Mike Robertson, City Administrator Re: Celebration Ordinance. Mike will be at this meeting to discuss same and answer questions. 9.2.13. Attached is a Nlemo from John Harwood Re: review of the Cracksealing Project. Mike Robertson will be at the Council Meeting to discuss and answer questions Re: Cracksealing Project. RECOMMENDATION: This is for Council information and discussion/any decision. Than=f.7`-' Elaine C G #:-� q, a /4 MEMO Date: May 20, 1998 To: Mayor & Council From: City Administrator Mike Robertson Re: Celebration Ordinance I have enclosed a copy of the proposed celebration (party) ordinance. This is a model ordinance provided by the League of Minnesota Cities. I have several concerns about the proposed ordinance, which I have listed below. 1. Is the intent of the Council to have an ordinance to govern the occasional big event put on by an organization or is it the intent of the Council to have an ordinance to govern large parties thrown by individual home owners? The ordinance as currently written is aimed more at big events by organizations. 2. On page 1, Section 4, the ordinance requires 45 days notice for a special event permit. While this time frame might be ok for big events put on by organizations, it is probably too long a period for block parties or individual homeowner parties. 3. On page 2, Section 5, the last paragraph states that each permit shall be approved by the City Council. If the Council wishes to require permits of block parties or individual parties it seems to me that it would be easier to handle that administratively like a burning permit rather than require Council approval. 4. On page 2, section 6, should Riverwood Conference Center be listed as exempt from these requirements, since they already are under the control of a conditional use permit. City of Otsego County of Wright State of Minnesota Ordinance No. An Ordinance Regulating Special Events And Establishing Permit Requirements Section 1. Purpose and Findings. The purpose of this ordinance is to protect the health, safety and welfare of the citizens of Otsego by regulating the time, place and manner of conduct of Special Events and by establishing permit requirements for conducting Special Events as such are herein defined. The Otsego City Council finds that Special Events often exceed the City's capacity to provide usual city services. Such services include, but are not limited to sanitary, fire, police, and utility service. The Otsego City Council also finds these regulations necessary to ensure that such events are conducted with sufficient consideration given to public safety issues, including, among other things, the impact of such events on parking and vehicular traffic within the City. Section 2. Definitions. For purposes of this ordinance, the following terms shall have the meanings given to them: a. `Person' is defined as a natural person, association, organization, club, group formed for a common purpose, partnership of any kind, limited liability company, corporation or any other legal entity. b. `Special Event' is defined as an outdoor gathering of at least 600 dividu,�ls, whether on public or private property, assembled with a common purpose for a period of one hour or longer. Special events include, but are not limited to concerts, fairs, carnivals, circuses, parades, flee markets, marathons, walkathons, festivals, races, bicycle events, celebrations or any other gathering or event of similar nature. Section I Permit Required. No person shall hold, conduct or participate in a Special Event within the City, unless a permit has been issued for such event upon timely written application made to the City. Section 4. Application f Permit. Fee. Written application for Special Event permits must be made at least 5 " ays in advance of the event's proposed date in a form prescribed by the City/Council. This application period shall not begin to run until a complete application as been filed with the City. Application forms shall be made, J � available in the Office of the City Clerk. A fee, in the amount set by the City's fee schedule, shall be paid to the City along with the completed application form. Failure to provide a complete application or to pay the fee, as herein required, is sufficient reason to deny the Special Event permit. Section 5. Issuance of Permit. Conditions Posting. Special Event pen -nits will be issued upon Council approval. The Council may attach such reasonable conditions to the permit as are deemed necessary to protect the public health, safety and welfare. Such conditions may pertain to any of the following: a. location and hours during which the event may be held. b. sanitation/ availability of potable water. c. security/ crowd management. d. parking and traffic issues. e. emergency and medical services. f. clean-up of premises and surrounding area/ trash disposal. g. insurance. h. lighting . i. fire service/ safety. j. temporary construction, barricades/ fencing. k. removal of advertising/ promotional materials 1. noise levels in. alcohol consumption jr n. any other condition which the Council deems necessary. Upon council approxal,.the City Clerk shall issue a permit to the Person(s) named in the permit application. The permit shall clearly state the conditions, if any, imposed by the Council. Copies of the permit shall be posted in three (3) prominent locations during the Special Event. Section 6. Exceptions to the Permit Requirement. The permit requirement contained in this ordinance does not apply to the following: n �L a. Special Events sponsored and managed by the City of Otsego. b. funerals and funeral processions. c. the grounds of any school, playground, place of worship, stadium, athletic fields, arena, auditorium, or similar permanent place of assembly when used for regularly established assembly purposes. 14P7kjjCC fctjj,�/ Section 7. Penalty for Violations Enforcement. Any person who violates any condition of a Special Event permit or any provision of this ordinance shall be guilty of a misdemeanor, punishable as prescribed by state law. Enforcement of this ordinance may, at the council's discretion, take any of the following forms-. P a. citation/ criminal prosecution. b. injunctions, declaratory judgments or other civil remedies. c. permit revocation. d. disbursement of Persons gathered. This ordinance shall be effective upon adoption and publication in the City of Otsego's official newspaper. Adopted this day of , 1998. In favor: Opposed: Clerk Elaine Beatty City of Otsego Mayor Larry Fournier The City of Otsego 8899 Nashua Avenue NE Elk River, MN 55330 (612) 441-4414 SPECIAL EVENT PERMIT APPLICATION I. TITLE, PURPOSE AND BRIEF DESCRIPTION OF EYENT: Refer media or citizen inquiries to: Telephone: II. APPLICANT AUTHORIZATION: New Application Renewal of or Change In Application or Attach a written communication from the organization or organizations in whose name the event will be advertised which authorizes you, the applicant, to apply for this special events permit on its or their behalf. Applicant's Name: Address: Mailing Address: Affiliation: Title: Daytime Phone: Evening Phone: Emergency Phone: III. EVENT PRINCIPALS: On the next sheet, please list names, addresses, and telephone numbers of all the principals involved in any way in the proposed special event. Include professional event organizers, event promoters, financial under,vvriters, commercial sponsors, charitable agencies for whose benefit the event is being produced, the organization or organizations in whose name the event is being advertised, and all others administratively, financially, or organizationally involved as principals in the production of the proposed special event. Make additional copies of the next sheet as needed to include all of the principals involved in the proposed special event. Name Organization/Business/Agency/Affiliation Mailing Address Daytime Phone: Evening Phone: Other Phone: Title and Functional Responsibility with Regard to the Event: Will this person have authority to cancel or greatly modify event plans? __yes_no Will this person be present at the event area or areas and in charge of the event at all times? _yes _no Name OrganizationBusiness/Agency/Affiliation Mailing Address Daytime Phone: Evening Phone: Other Phone: Title and Functional Responsibility with Regard to the Event: Will this person have authority to cancel or greatly modify event plans? __yes no Will this person be present at the event area or areas and in charge of the event at all times? _yes _no IV. REQUESTED EVENT COMPONENTS: A. Requested day and data (first choice): B. Alternate days and dates: C. Requested hours of operation, from AM/PM to AM/FM D. Set up beginning day and date , time AM/PM Dismantle by day and date , time AM/PM E. Describe the number and type of animals to be used in the event:_ F. Attach a draft of the entry form for participants/spectators. G. Anticipated number of participants: and spectators: V. INSURANCE Attach to this application either an insurance policy or a certificate of insurance including the policy number, amount, and the provision that the city of Otsego is included as an additional insured. VI. SANITATION: A. Attach your "Plan for Clean-up/Material Preservation." Include number, type and location of trash containers to be provided for the event. Indicate who and how many will be responsible for emptying and cleaning up around container during the event. Indicate who and how many will be responsible for cleaning up after animals if they are used in the event. Indicate who and how many will be responsible for cleaning up the event area after the event. Describe the number, type and location of portable toilets to be provided for the event (or permanent toilets to be used for the event). Include any other plan you have for ensuring post -event cleanliness and material preservation of city facilities, equipment, premises and streets. VII. LOCATION MAP: Check off below items that apply to your event. Indicate these items on attached separate maps. Use, where necessary, a to -scale drawing. A. If a route is involved, the beginning area, the route (indicate directions with arrows), and the finished area; _B. If a route is involved, the places where buses or trains need to be considered; _C. If a route is involved, it will expedite approval of your event if you attach separate maps giving two or three alternate routes; D. If a relay is involved, indicate hand-off points; E. Entertainment or stage locations (grandstand operators should provide you with a to -scale drawing); _F. Alcoholic beverage concession areas; G. Non-alcoholic concession area; H. Food concession areas; I. General merchandise concession areas; _J. Portable toilet facilities (indicate number); K. First aid facilities; L. Event participant and/or spectator parking areas; •a _Nt. Event organizer's command post; _N. Fireworks or pyrotechnics site; _0. Vehicle fuel handling site; _P. Cooking areas; _Q. Tables, enclosures, etc.; _R. Temporary or permanent structures constructed for the event; _S. Site of electrical wiring to be installed for the event; _T. Trash containers (indicate number): ; U. Other. Please describe: VIII. AVAILABILITY OF FOOD, BEVERAGES AND/OR ENTERTAINMENT: A. If there will be music, sound amplification or any other noise impact, please describe, including the intended hours of the music, sound or noise. B. Alcoholic beverages to be served? Yes No C. If yes, describe what system will be used to ensure that alcoholic beverages will be consumed only by those persons 21 years and older. D. If yes, describe how, where, when and by whom the alcoholic beverages will be served. E. If a casino party, a dance or if live entertainment is part of your event, please describe. F. Please describe all of the activities of your event for which a license is required, for example, a cabaret license, a caterer's license, a general merchandise concession license, etc. (Attach to this application all required licenses.) G. Food and/or non-alcoholic beverages to be served? _Yes No H. If yes, describe sanitation measures, food handling procedures and the nature of the food (such as pre-packaged foods, hot dogs, pre- mixed sodas, unpeeled fruit, raw meats, vegetables, fish or peeled and cut fruit). I. If yes, you may need to have a health permit from either the State of Minnesota or Wright County. Attach a copy of your health permit to this application. J. If you intend to cook food in the event area, describe your area layout, including fuel or electrical sources to be used. IX. SECURITY AHD SAFETY PROCEDURES: A. Describe your proposed procedures for set up, operation, internal security and crowd control. B. If the event is to occur at night, describe how you are going to light the event area in order to increase the safety of participants and spectators coming to and leaving the event. C. If your event includes vehicles or animals, describe the minimum and maximum speeds or the event and the minimum and maximum intervals of space to be maintained between units. D. Attach to this application a copy of your building permit (or permits) if you are installing any electrical wiring on a temporary or permanent basis and/or if you are building any temporary or permanent structures such as bleachers, scaffolding, a grandstand, reviewing stands, stages or platforms. E. Attach a copy of your fire department permit or permits to this application if you will use parade floats; an open flame; fireworks or pyrotechnics; vehicle fuels; cooking facilities; enclosures (and tables within those enclosures); tents, air -supported structures, canopies, or any fabric shelters. F. Give name, address and phone numbers of the agency or agencies which will provide first aid staff and equipment. Attach additional sheets if necessary. Name of Agency Name of Representative Address Phone Numbers Indicate medical services that will he provided for the event. Medical Service How Provided Ambulances Doctors Nurses Paramedics VENDORS OR CONCESSIONAIRES: A. Describe what vendors or concessionaires you will allow in conjunction with the event and the purpose or purposes of these concessions. B. Describe how you intend to regulate, monitor and control the type, number and quality of vendors/concessionaires whom you may permit to operate in conjunction with the event. XI. MITIGATION OF THE IMPACT ON OTHERS Describe how you intend to mitigate the impact of the special event on businesses, churches, neighbors, motorists, mass transit users and others. Attach additional sheets, if necessary, entitled "Mitigation of the Impact on Others." XII. CITY SERVICES/EQUIPMENT: Describe city services and/or equipment requested for this event. City barricades, cones, and no -parking signs may be borrowed on an as -available basis. You should plan to pick up and return this equipment. If you or your volunteers cannot pick up and return this equipment, please attach a letter requesting these services and explaining why your organization cannot perform them. This will be reviewed and approved or denied by the City Administrator. XIII. OTHER PERTINENT INFORMATION: CITY OF OTSEGO SPECIAL EVENTS PERMIT Name and Type of Event Location/Area Day, Date and Time (X or N/A, not applicable) 1. Final check has been made of application requirements. —2. Event is approved by City Administrator. 3. All required permit are issued and on file. —4. Refundable clean-up fee has been paid via cashier's check. —5. Insurance certificate is on file. —6. Surety bond is on file to secure payment for applicant's obligation to the City. 7. Application is complete. 8. Special conditions are attached: 4 REVOCATION: The City Administrator, or her or his designated official, may revoke a special event permit if the conditions set forth in the permit application are not being followed. Permit is hereby revoked Signature/Title Date/Time CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 9. Council stems. EB Councl= -/26/98 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 9.5. City Attorney will request a closed session of the Council under Attorney Client Privilege. BACKGROUND: Attached is a letter from Andy MacArthur Re: Closed Meeting for your information. Attorney MacArthur will explain further at the meeting. RECOMMENDATION: This is for Council information and discussion/any decision. Thaw Elaine r Michael C Couri- Andrew J. MacArthur Marcus W. Miller t4cn livemed in Mwis May 19, 1998 City Council Members City of Otsego C/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 CO URI & MACAR THUR Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376-0369 (612) 497-1930 (612) 497-2599 (FAX) couriandmacarthurQpobox ciom RE: Request for Closed Meeting Dear Council Members: I have recently been contacted by the Attorney representing the Elk River School District relative to the municipal well at the elementary school property. I am requesting that the Council meet in closed session, pursuant to the attorney-client privilege exception to the Open Meeting Law, Minn. Stat. 471.705, Subd. Id, e, to discuss this matter. I would suggest that the closed meeting be held at the end of the agenda. If you have any questions please feel free to contact me. Very tru ours, rew J COURI TACARTHUR Cc -.alike Robertson, City Administrator Hakanson Anderson Assoc., Inc. cc 4�-- (�, 2, if 3601 Thurston Avenue Anoka, Minnesota 55303 (612) 427-5860 (612)427-0520 Fax El 103 Pine Street Monticello, MN 55362 (612)295-5800 (612)295-4488 Fax Memorandum To: /%i//�G` ,�a�%�+cr,ro� Date: s�/ 9A'p elrj" rV4 Subject: Attn: Narrative: cc: /f ? Jrxe e r 6* -4 C K f;,.6 /%r --J rr.F File #: x 77�NiC-* /i /?' AO'dr,*f y ( /9 %lel//,J 60 c2/1c/c, ��//--�� %//Zos/L�l�t • i/�C �Nrc�✓r /.r T4 .feir L ,.ci t c c it nc ic,r u /v ro /fie S t r,,r u r r T- PL�rlf C /t6y/C6y - Cd AJ G vac /L d A.)C C , .L /lfu6 mle ,UaTlcd 'Ow. Ao ?ArCo o -J foo'O. � E(//r � 4 L o �.. rlo.� � Gc� �► �,lG MEMORANDUM TO: JOHN HARWOOD PETE RAATIKKA FROM: LARRY KOSHAK DATE: 5/18/98 SUBJECT: CITY OF OTSEGO CRACK SEALING After a site review of the crack sealing needs, I've made a list of streets to be crack sealed in 1998. I've estimated the pounds of sealer so that it comes out to be 45,000#, which is the same as bid. Street or Development Kadler Ave. (CSAH 39 — Miss. River) Odean Avenue (CSAH 37 Intersection) 88" Street (CSAH 42 East to end) Deer Field Acres Hidden Valley Vasseurs 1' & 2nd Addition 91', Nelmark Ave. & Ochoa Ave. Napier Avenue Halls Additions Pounds 4,500 1,000 1,000 2,000 5,000 10,200 2,300 1,000 18,000 Total #'s Estimated: 45,000 Many of the streets listed in the bid form were crack sealed in the last several years and appear to have few new cracks to be sealed. Several streets are in new plats, and do not have cracks at this time. Additional streets to consider assuming there is sealant available in the 45,000 pounds: - Walesch Estates - Vasseur Oak Grove 3rd & 4th Additions - WoKson Hills I met with Dave and it appears he agrees on this list. C:\Share\WPmuni\AO TS EGO\335\ot335ih&.pr.doc 1998 Crack Sealing Crry OF OT ON THE 1� For the Pee i od O.`•/ 1 9/98 t.o 05/19/98 MUNICIPAL OF CITY OF UTSEGO 05/1 91'116 CLI,IM TOTAL ACCOUNT ACCOUNT cr -1r I 11 lm Dc'D - ^TM 111.-I yJfI j ELK RIVER CONCRETE PRODUCTS BALA14CE DUE ON EMERGENCY REPAIR 05/19/98 3476 1,950.03 101-43100-403 1.950.03 zl Is' APPLIANCE RECYCLING CENTER CLEAN UP DAY 05/19/98 3477 1.317.00 101-41400-371 1,317.00 RKE-TlWQ INC. 1�NA-9F- X478 is.09 4-O .09 - - ROBERT C. VOGEL S ASSOCIATES ROBERT HISTORIC GRANT 05/19/98 3479 2,640.00 101 -45300 -?90 2.E.40.00 le T S 5 TRUCKItJG APRIL STREET SWEEPING 05/19/98 3480 2,847.00 101-43100-435 2.847.00 T F., z ��JNF � TMTrPF&T CITY W41=6 0& 4 � a WANK �GlE -81115:R THE HARDWARE STORE APRIL SUPPLIES 05/19/98 3482 6.86 101-43100-203 6.86 0 `I WARNING LITES OF MN, INC. STREET SUPPLIES ' T 05/19/98 0649,'98.484 3483 346.21 229.ee 101-43100-220 48eei 99e 346.21 I'= 229. 01? o-eAMP466i= MRSTRAGT MONTICELLO A14IMAL CONTROL R4 OF WAYS 4/14 PICKUP 05/19/98 3465 30.00 101-42710-390 3000 AFFORDABLE SANITATION RENTAL - MAY 05/19/98 3486 114.50 101-41940-410 114.50 s 16 _ SER" r S- 05187 41T s' 101-48001-303 134.51 �+e !; 701-41570-303 t•68.03 �p i'• HAKANSON ANDERSON ASSOC INC APRIL SERVICES 05/19/98 3489 62,900.42 101-48001-302 57,505.69 21 u 701-41560-302 1,000.00 Is293 41560 902 187.58 101-41560-302 4,207.03 E20 ISD 728, COMMUNITY RECREATION BOARD APRIL ASSESSMENT 05/19/98 3490 1,583.59 101-45100-390 1,583.59 ;2 ADAM S BONNIE HINES REFUND OF FIRE SERVICE ASSESSMENT 05/19/98 3492 35.00 202-42200-365 ' 35.00 ]. H G WEBER OIL COMPANY 5/7 S 5/18 DELIVERIES 05/19/98 3493 1,119.50 101-43100-202 1,119.50 , n :.BEC;I.N TIRE CENT;R$ .INC.' .REPAIFS.& MAINTENANCE05/19!98 3495 21.50 101-43100-220 21.50 , �SUWRIOR SERVICES° CENTRAL MN APRIL''RECYCLING 05/19/98 3496` 460.00 101-41610-390 460.00 -REA5URLH MAILING LABEL INV. 98-59 05/19/98 3497 71.31 101-41400-310 71.31 zo BOISE CASCADE OFFICE PRODUCTS OFFICE SUPPLIES 05/19/98 3498 194.90 101-41400-201 194.90 CONSTRUCTION BULLETIN ADVERTISEMENT FOR BIDS 05/19/98 3499 76.85 101-43100-350 76.85 ,,, a 05/19/98 3500 ::-40.66 101-41400-371 40.66 " E LISHE 5 2 C�'b�'` 5/6 LEGAL'" 05!19/98 3501 433.78 101=41400-350 433.78 , C ',LAWN &`"IRRIGATION. ' SPRINKLER SERVICE 05/19/98 3502 `19500 101-41940-402 195.00 L AN UP DAY TIRE REMOVAL 05/19/98 3503 980.00 101-41400-371 960.00 y,MCLING ,mss CORROW TRUCKING RECYCLING S SERVICE 05/19/98 3504 1,389.75 101-41610-390 1,331.25 41 �e 101-43100-390 58.5048 ES 05/19/98:3505 11,05 101-43100-203 11.05 '>s a^:,T AT l`_<'�}2j X TELEPHONE 05/19/98 3506 s 11:41 101-41400-320 is. HI $OTA MUTCIAL' - "r"r``?'}p`�"UNE`PREMIUM - 0511-§%98 - 3507" 134.60 101-41400-130 63.00 s 101-43100-130 43.10 ! 101-41610-130 28.50 , �. MEDICA JUNE PREMIUM 05/19/98 3508 2,155.13 101-41400-123 1,285.44 101-43100-123 673.86 101-41600-123 195.83 59 ; PRT IPAL FINANCIAL GROUP' PREMIUM TO 6/14 05/19/98 3509 245.73 101-41400-123' 142.1460 101-43100-123 81.91 z 101-41600-123 21.68 DONALD S DELORES PRAUGHT REFUND OF FIRE ASSESSMENT 05/19/98 3510 51.00 202-42200-365 51.00 9... :. - •+ TO SAL FOR MONTH 105 598.78 105 598.78 ' � o ro70 TOTAL YEAR TO DATE 105,598.78 IOS.S98.76 71.1 j 1 121 , l I 0