Item 3.2 Construction Sites3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
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MEMORANDUM
TO: Otsego Planning Commission
FROM: D. Daniel Licht
DATE: 12 February 2026
RE: Otsego – City Code; Construction Sites
TPC FILE: 101.01
BACKGROUND
City staff has been prompted to review regulations for construction sites, including residential
plats and single family lots. Existing regulations adopted as part of the City Code and
Engineering Manual address a range of property maintenance and public nuisance issues.
Allowed construction can be understood to be in violation of these regulations or the
regulations are written too constrictively to allow common activities. Application and
interpretation of the City Code is at the discretion of the City and the City Council appoints City
staff to administer its provisions. For development and construction, responsibility for
administration of the City Code is assigned to the Zoning Administrator, City Engineer, and
Building Official.
City staff has drafted of proposed amendment language to various sections of the City Code.
The proposed amendments primarily provide clarification as to the existing of the City Code as
interpreted by City staff. The review of these sections and proposed amendments, therefore,
provides the Planning Commission and City Council the opportunity to consider if the existing
practices reflect desired City standards. The proposed amendments are attached to this
memorandum with text to be deleted stricken and added text double underlined.
The proposed amendments have been reviewed by the City Council Administrative
Subcommittee at their meeting on 11 February 2026 and recommends approval. The Planning
Commission will consider the proposed amendments at its meeting on 17 February 2026. The
Public Works Subcommittee will consider the proposed amendments, as well as the
recommendations of the Administrative Subcommittee and Planning Commission, at their
meeting on 18 February 2026.
Item 3.2
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A public hearing is not required to be held by the Planning Commission to consider
amendments to Title 1 through Title 10 of the City Code (or Engineering Manual and no public
hearing has been noticed. The Planning Commission may elect to hold a public hearing at a
future meeting or persons wishing to comment may submit written comments prior to City
Council consideration of the proposed amendments.
Exhibits:
Construction Hours Survey
Draft Ordinance amending the City Code
Draft Resolution amending the Engineering Manual
ANALYSIS
Construction Sites. The primary impetus for review of these regulations is application to
construction sites. City staff considers a construction site to be the area within a plat where
grading or street and utility construction is occurring and construction of buildings upon
individual lots or a group of lots within a plat. Language is proposed to be added to several
sections of the City Code to clarify and define a construction site for the purpose of applying the
regulations or exceptions thereof.
Public Nuisances. Section 5-1-5.G of the City Code outlines situations of outdoor storage
constituting a hazard to public health and safety. Included in this list includes various
construction materials. The intent of the provision is to address long-term problems. Active
construction sites for which these materials are being utilized towards completion of site work
ultimately resolving any issue are address by the clause in the existing text of “…awaiting use
and stored for a reasonable time…”. City staff proposes to add an additional clause stating that
the reasonable time is determined at the discretion of the Zoning Administrator.
Property Maintenance. Provisions regarding maintenance of developed and undeveloped
properties was expanded upon during the Great Recession to address widespread vacant lots
and outlots within residential subdivisions. The provisions provided that vacant lots or outlots
less than one acre were allowed to keep vegetation maintained to a height not to exceed 12
inches. Lots or an outlot(s) with a combined area of one acre or more have no limit as to the
maximum height of vegetation. All undeveloped properties are required to be maintained to
prevent growth of noxious weeds, which are those plants specifically defined by the State as
public nuisances. The proposed changes to this section include specifying that an undeveloped
lot or outlot does not have a principal use constructed on it and elimination of a maintenance
requirement for the area abutting developed lots. The latter change is based on the regular
occurrence of developed lots abutting outlots typically owned by the City that encompass
wetlands, wetland buffers, or storm basins that are not maintenance except for noxious weeds.
Construction Maintenance. Section 5-1-5.M of the City Code establishes provisions for
construction site maintenance. These provisions are proposed to be relocated to Title 9,
Chapter 1 of the City Code to be included with other building related provisions.
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The construction maintenance provisions are also to be revised to specify that outdoor storage
of construction materials being used may be stored outside. Materials would include lumber,
siding, roofing, dirt, rocks, sand, gravel etc. The principal requirement for having these
materials stored outside is that erosion control as required by Title 6, Chapter 9 of the City
Code is provided, which is subject to approval by the City Engineer.
Construction Days/Hours. The City, through the City Code and Engineering Manual, establishes
limits on the days and hours for construction activity. The regulations are organized around
land development activities, new building construction, and modification or repair of existing
buildings. The intent of the regulations is to ensure that construction activity, whether new
development or within established neighborhoods, occurs in a manner compatible with
surrounding properties. City staff surveyed surrounding cities regarding regulation of
construction hours and found Otsego’s to be generally more restrictive and no change is
recommended to the allowed construction hours.
City Code
Building Permit
Engineering Manual
Land Development
New Home Existing Home
Monday-
Friday 7:00AM – 7:00PM 7:00AM – 10:00PM 7:00AM – 7:00PM
Saturday 8:00AM – 5:00PM 7:00AM – 10:00PM 8:00AM – 5:00PM
Sunday Not Allowed 8:00AM – 10:00PM Not Allowed
Holidays No Work Any
Federal Holiday -- --
The City Code currently states that new construction is not allowed on Federal Holidays, which
would include any such designated holiday. While City government generally does not have
operations on these dates, the private sector may typically work on certain of these dates. The
surrounding cities of Albertville, Dayton, Elk River, Monticello, Rogers, and St. Michael were
contacted and found that none prohibit work on federal holidays. In order to provide greater
clarity regarding construction on holidays, and to resolve to some extent the issue with
enforcement, City staff recommending amendments to the City Code and Engineering Manual
to prohibit work on fewer specific Federal holidays as follows:
Current Holidays Proposed Holidays
New Year's Day
Martin Luther King, Jr. Day
Presidents Day
Memorial Day
Independence Day
Labor Day
Indigenous Peoples Day
Thanksgiving Day
Christmas Day
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
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When the City is not open for operations, Building Department staff are not available for
inspections. City staff is also not available to respond to complaints. Wright County Sheriff’s
Office has been contacted with complaints in the past regarding construction activity, which to
respond would require diverting resources away from their typical duties. The proposed
changes to allowed holiday work minimizes dependance on the Wright County Sheriff’s Office
for this purpose.
Sidewalks. Section 10-8-5.D of the Subdivision Ordinance outlines design standards for
installation of sidewalks and trails within new plats.
D. Sidewalks And Trails:
1. Pedestrian Movement: The subdivider shall provide for adequate
pedestrian movement within the subdivision, along the
subdivision, and to adjoining property which shall be provided in
compliance with the Comprehensive Plan, policies established by
the City Council, and this section.
2. Sidewalks:
a. Concrete sidewalks shall be constructed along one side of
all local residential streets.
b. Concrete sidewalks shall be constructed along both sides of
residential minor collector streets and
commercial/industrial/institutional streets, except where a
trail is determined to be required by the City.
c. A sidewalk shall not be required along cul-de-sac streets
unless necessary to provide access to a public park, open
space, or other sidewalk or trail.
3. Trails: Trails shall be constructed along collector streets, arterial
streets, and other roadways as designated by the Comprehensive
Plan.
4. Compliance: Construction of sidewalks or trails shall be in
compliance with the specifications established by the Engineering
Manual, subject to approval of the City Engineer.
Section 10-5-8.D.2.a of the Subdivision Ordinance states that a sidewalk is required along one
side of all local residential streets. Section 10-5-8.D.2.c of the Subdivision Ordinance modifies
this provision exempting cul-de-sac streets from providing a sidewalk on one side unless
necessary to provide a connection to a destination or other sidewalk and trail.
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Since this provision was adopted on 14 October 2002, the City has only required a sidewalk to
be constructed along a cul-de-sac street when connecting directly to a designation such as a
public park or school or a connection to a trail along a major collector or arterial street. The City
has not required a sidewalk along a cul-de-sac street to provide a through connection between
blocks to another local residential street.
City staff is proposing to add a clause that sidewalks are only to be required on cul-de-sac
streets when determined necessary “by the City Council” as part of the subdivision review
process for clarity.
RECOMMENDATION
City staff recommends approval of the proposed amendments of the City Code and Engineering
Manual as presented. The proposed amendments provide clarify as to the interpretation of
existing practices concerning land development actives. The existing regulations, as well as the
proposed amendments, are consistent with the purpose to balance the interests of residents
within developing areas and the businesses working to complete projects in a timely and
efficient manner.
POSSIBLE ACTIONS
A. Motion to recommend City Council approval of amendments to the City Code and
Engineering Manual concerning construction activities.
B. Motion to table.
c. Adam Flaherty, City Administrator/Finance Director
Audra Etzel, City Clerk
Ron Wagner, City Engineer
Kevin Lamson, Streets Supervisor
Jason Coombe, Building Official
David Kendall, City Attorney
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CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.: 2026-XX
ORDINANCE AMENDING THE CITY CODE REGARDING CONSTRUCTION SITES.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 5-1-5.G of the City Code (Health, Sanitation and Environment – Public
Nuisances) is hereby amended to read as follows:
G. Accumulations Attracting Vermin And Pests: Accumulations in the open of broken or unused
metal, wood, lumber, cement, electrical fixtures, plumbing fixtures, building materials (but
excluding building materials awaiting use and stored for a reasonable period of time as
determined by the Zoning Administrator for allowable or necessary for construction of an allowed
use or an improvement presently in progress on the same premises or a construction site
regulated by Section 9-1-4 of this code, discarded or unused machinery, household appliances,
automobile bodies, trash, debris, rubbish, or other material, in a manner conducive to the
harboring of rats, mice, snakes, or other vermin, or the rank growth of vegetation in violation of
this code among the items so accumulated, or items accumulated in a manner creating fire,
health, or safety hazards.
Section 2. Section 5-1-5.M of the City Code (Health, Sanitation and Environment – Public
Nuisances) is hereby repealed in its entirety with subsequent sections renumbered accordingly.
Section 3. Section 5-2-3.H.3 of the City Code (Health, Sanitation and Environment – Property
Maintenance) is hereby amended to read as follows.
3. Outlots and undeveloped parcels or lots shall comply with the following:
a. The An outlot or parcel or lot not undeveloped parcel(s) with a principal use shall
be planted with a seed mixture approved by the Zoning Administrator and
maintained to prevent growth of noxious weeds prohibited by subsection D1 of
this section.
b. For an outlot, parcel, or lot or undeveloped parcel(s) not developed with a
principal use consisting of:
(1) A contiguous tract of less than one (1) acre shall be exempt from
subsection B3section 5-2-3.B.3 of this section and shall be maintained to
a height not to exceed twelve inches (12"); provided, that a physical
barrier exists to separate the parcel from adjacent properties.
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(2) A contiguous tract of one (1) acre or more shall be exempt from
subsection B3section 5-2-3.B.3 of this section if a physical barrier exists
to separate the parcel from adjacent properties.
(3) A transition strip of land measuring ten feet (10') on that property that is
maintained in compliance with subsection B3 of this section is required
next to the abutting properties if a physical barrier separating the
properties does not exist.
c. For the purposes of this chapter, a physical barrier shall meet one of the following
criteria:
(1) The properties are separated by a public right-of-way, wetland, water
body, floodplain, public open space, park, or other such similar publicly
reserved and development restricted area with a minimum width of
thirty feet (30') across its entire length.
(2) The abutting land use is a nonresidential use allowed in the district in
which it is located.
dc. The Zoning Administrator may, at histheir discretion, provide additional
exceptions from the requirements of subsection B3section 5-2-3.B.3 of this
section where the physical characteristics and conditions of the outlot, or
undeveloped parcel or lots(s) not developed with a principal use make property
maintenance prohibitive or where such actions may result in erosion.
Section 4. Title 9, Chapter 1 of the City Code (Building and Development) is hereby amended to
add the following provisions with subsequent sections renumbered accordingly:
9-1-4: CONSTRUCTION SITE MAINTENANCE. Builders and property owners shall be responsible at all
times for maintenance of construction sites for which a building permit has been issued in accordance
with the following provisions:
1. For the purposes of this section, a construction site shall include the lot or parcel for which the
building permit has been issued and any other lot(s) or parcel(s) either under common ownership
and/or within the same preliminary plat.
2. All debris, paper, construction material waste, scrap construction material, and other trash on the
construction site shall be stored in a building or in a container so as to prohibit the waste from
being scattered by wind or rain or accessed by rodents and other vermin.
3. Outdoor Storage:
a. All materials associated with the construction site, including equipment, shall be stored
within the construction site.
b. Outdoor storage of materials associated with the construction site shall not obstruct
access to the structure under construction or create a public safety hazard.
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c. Materials associated with the construction site shall not be stored within the public right-
of-way.
4. Stockpiles of dirt, rock, gravel and a concrete wash out may be located within the construction
site, subject to approval of the City Engineer.
5. Erosion control shall be installed and maintained in accordance with section title 6, chapter 9 of
this code, subject to approval of the City Engineer.
6. All loading and unloading of materials and/or equipment is limited to the construction site and
adjacent public right-of-way.
7. Damage to landscaping or other property on an abutting or adjacent property as a result of
construction activities shall be replaced and restored to its original condition at the builder’s or
property owner's expense.
8. The construction site must be cleared of all debris in accordance with this section at the conclusion
of each workday.
Section 5. Section 9-1-3.A.3 of the City Code (Building and Development) is hereby amended to
read as follows:
3. No work shall be allowed on Sundays or the following official Federal holidays.:
a. New Year's Day.
b. Memorial Day.
c. Independence Day.
d. Labor Day.
e. Thanksgiving Day.
f. Christmas Day.
Section 6. Section 9-1-3.C of the City Code (Building and Development) is hereby amended to read
as follows:
C. The building official may, in cases of emergency, grant permission to repair at any time when he
findsthey find that such repair work will not affect the health and safety of the persons in the
vicinity.
Section 7. Section10-8-3.D of the City Code (Subdivision Ordinance – Design Standards) is hereby
amended to read as follows:
D. Sidewalks And Trails:
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1. Pedestrian Movement: The subdivider shall provide for adequate pedestrian movement
within the subdivision, along the subdivision, and to adjoining property which shall be
provided in compliance with the Comprehensive Plan, policies established by the City
Council, and this section.
2. Sidewalks:
a. Concrete sidewalks shall be constructed along one side of all local residential
streets.
b. Concrete sidewalks shall be constructed along both sides of residential minor
collector streets and commercial/industrial/institutional streets, except where a
trail is determined to be required by the City.
c. A sidewalk shall not be required along cul-de-sac streets unless necessary to
provide access to a public park, open space, or other sidewalk or trail.
3. Trails: Trails shall be constructed along collector streets, arterial streets, and other
roadways as designated by the Comprehensive Plan.
4. Cul-De-Sac Streets: A sidewalk or trail shall not be required to be constructed along cul-
de-sac streets unless determined to be necessary by the City Council to provide access to
a public park, open space, public school, other destination, or as part of the overall trail
system.
45. Compliance: Construction of sidewalks or trails shall be in compliance with the
specifications established by the Engineering Manual, subject to approval of the City
Engineer.
Section 8. This Ordinance shall become effective immediately upon its passage and publication.
(Remainder of page intentionally blank signatures follow)
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ADOPTED by the Otsego City Council this ____ day of ___________, 2026.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk
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CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2026-XX
AMENDING THE ENGINEERING MANUAL REGULATING CONSTRUCITON HOURS
WHEREAS, Section X.10 of the Engineering Manual establishes limits on construction hours; and
WHEREAS, the City has identified a need to revise the construction hours for consistency with the City Code and to better
balance the need to complete work with the potential for negative impacts to adjacent land uses; and
WHEREAS, said CAFR and the documents summarizing the audit process have been distributed to and discussed with the City
Council on June 10, 2019.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT:
1. Section X.10 of the Engineering Manual is hereby repealed with subsequent sections renumbered accordingly:
10. Work shall not commence before 7:00 a.m. nor extend beyond 7:00 p.m. Monday through Friday. On
Saturdays, the hours will be from 8:00 a.m. to 5:00 p.m. No work is to be done on Sundays without prior
written authorization. Hours and days of work may be modified based on need.
2. The Engineering Manual is hereby amended to add the following provisions:
XI. Construction Hours.
1. Grading, excavation, paving, other street and utility construction, or other activities related to private
land development regulated by this engineering manual shall occur only between the following hours:
a. Monday through Friday: Seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M.
b. Saturday: Eight o'clock (8:00) A.M. to five o'clock (5:00) P.M.
2. No work regulated by this engineering Manual shall be allowed on Sundays or the following official
Federal holidays.:
a. New Year's Day.
b. Memorial Day.
c. Independence Day.
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d. Labor Day.
e. Thanksgiving Day.
f. Christmas Day.
4. The City Engineer may, in cases of emergency, grant permission to repair at any time when they
find that such repair work will not affect the health and safety of the persons in the vicinity.
(remainder of page blank signatures follow)
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ADOPTED by the Otsego City Council this ____ day of _____________, 2026.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk