10-26-98 CC1997 Task Force Activity Report
158 New cases initiated in 1997
206 Cases investigated in 1997
121 Cases cleared by arrest
9 Cases dropped for lack of cause
43 Search Warrants executed
26 Arrest warrants issued and served
188 Arrests made in 1997
Arrests by classification
121 Felonies
65 Misdemeanors
2 Other
Arrests by type
85 Drug Possession Felony
23 Drug Distribution Felony
9 Drug Manufacture Felony
29 Drug Possession Misdemeanor
33 Possession of Drug Paraphernalia
9 Non Drug Arrests
Arrests by sex
131 males
57 females
Seizures in 1997
Street value of drugs over $175,000.00
8 vehicles $ 21,675.00
37 seizures of currency $ 16,186.90
33 weapons over $ 5,000.00
Forfeitures in 1997
$ 66,854.50 in proceeds from forfeited property of money
$ 9,571.35 in fines and restitution ordered by courts
ALL REVENUES RECEIVED BY THE TASK FORCE WILL BE USED TO FURTHER THE
OBJECTIVES OF THE TASK FORCE IN THE FIGHT AGAINST CONTROLLED SUBSTANCE
CRIMES AS OUTLINED IN THE TASK FORCE GUIDELINES.
I
ANNUAL REPORT
WRIGHT COUNTY DRUG TASK FORCE
1997
The Wright County Drug Task Force has been in operation for 7 years.
The Task Force is compromised of four agencies in Wright County. The
Wright County Sheriff's Office, Annandale P.D., Buffalo P.D., and Howard
Lake P.D.. The Wright County Sheriff's Office is the sponsoring agency and
oversees the day to day operations of the task force. The Task force is
located in the Sheriff's office and has three officers and one clerical
person assigned full time from the Sheriffs' office. Annandale and Buffalo
P.D.'s assign officers to the Task Force on a part time basis. The Task
Force is supervised by a Wright County Sheriff's Sgt. and is supported by
officers from various unit of the Sheriff's office.
The Task Force investigates all reports of illegal activity involving
controlled substances in Wright County. Complaints from all law
enforcement agencies in Wright County are forwarded to the Task Force. The
task Force is involved in various types of investigations from undercover,
surveillance, covert operations, reverse stings , to the execution of
search warrants, collection of evidence, and working with the Wright County
Attorneys Office in the preparation for prosecution of cases. The Task
Force handles many different types of controlled substances including some
hazardous chemical materials. Officers assigned to the Task Force must
undergo a screening process prior to assignment and participate in updated
?nd advanced training in narcoticsi investigations.
Members of the Task Force are involved in the training of other
officers in the county as well as presenting information and seminars to
school faculties, other county workers such as corrections officers,
communications officers, criminal investigators, social workers etc. on the
current trends and drug activity in the community. The Task Force has
established a "1 -800 -TIP -US -OFF" (access code 612) confidential information
line in Wright County. The Task Force acquired a drug dog in July of 1996
and utilizes this tool in search warrants and other areas to enhance the
effectiveness of the Task Force.
Funding for the Task Force is also a joint venture with the majority
of funding coming from Wright County. The Task Force is funded thru a
Federal Grant called the Byrne Fund where Federal dollars are matched by
participating agencies. The Byrne Fund allocated $53,000.00 in 1997
towards the Task Force operation. Wright County Matched this with
approximately $49,000.00, Annandale with $1,000.00, Buffalo with $2,000.003
and Howard Lake with $1,000.00. The Task Force also utilizes funds from
seizure/forfeiture revenue. This is from money or property seized from
persons that are involved in controlled substance crimes and is forfeited
or sold. Proceeds from this are divided with 707 going to the Task Force,
207 to the County Attorney, and 107 to the State victim Witness Protection
Program. The 70% that the Task Force receives is used directly to purchase
equipment, pay overtime, and offset other costs that would otherwise be
paid for thru tax dollars. As an example of this the drug dog was
urchased thru forfeited monies and his maintenance is paid from this fund.
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WRIGHT 0UTY ATTORIVEY & HERIFF
JOIN FORCES TO COMBAT DRUGS
Drug Abuse Costs Lives
Sergeant Lenny Walker understands
the effects of illegal drug use in
both human terms and societal
terms. Back in 1991 when he began
working with the Drug Task Force,
he met a little girl named Heather
Nicole. She had such severe birth
defects, caused by the drug use of
her mother, that she died within two
years after he met her when she
was only four years old. This little
girl's plight heartbreakingly illustrates
that using illegal drugs doesn't only
affect the drug user.
Sergeant Walker is head of the
Wright County Drug Task Force. He
also was recently elected the
president of the Minnesota State
Association of Narcotics
Investigators. Sergeant Walker often
speaks to groups about the
increasing use of drugs and the
costs of drug use to our society and
often includes these facts in his
speeches.-
-
peeches:
■ Illegal drug use costs our society
$70 billion a year in social, health
and criminal costs. (That's about
S 1000 per citizen per year!)
■ Drug-induced deaths have risen
47% since 1990, and number
14,000 per year.
10% of all the people who use
alcohol become alcoholics, while
75% of the people who use drugs
become addicts.
■ Crime, violence, anti -social
behavior, accidents, unintended
pregnancies, drug -exposed infants
and addiction result from the use of
illegal drugs.
JULY 1998 ISSUE
The Illegal Use of Drugs
Leads to More Crime
In his role as chief prosecuting
attorney for Wright County, Tom
Kelly sees first hand the frustration
people feel due to increasing drug
use and the increased levels of crime
and violence directly related to drug
trafficking throughout local
communities. The statistics show in
numbers what common sense tells
us, Kelly said, "that the majority of
those who commit crimes are under
the influence of drugs or another
intoxicating substance." A recent
report by the Federal Bureau of
Investigation indicates that as much
as 70% of all crimes can be
attributed to drug abuse.
Those who use drugs are more
likely to be unable to function in
legitimate employment, and
therefore are dependent on illicit
income. National figures from the
Drug Enforcement Administration
show that from 1960 to 1980 when
drug incarceration rates fell by
374%, property crime increased
210% and burglary increased
2300/o.On the other hand, when
incarceration rates of drug users rose
by 476/5 from 1980 to 1994,
burglary declined 35% and property:.
crime declined 12416. This indicates -
that when the drug users ah'
dealers are locked up, the thi
and burglars are also locked up.
Wright County prosecutors feel it is
important to bring to court all drug
offenders, so that people who may
not yet be addicted to drugs will
feel the force of the law and get
help before exacting damage on
the community through crimes to
support a drug habit.
Because of the nature of drug
addiction, Kelly notes that the battle
against drugs cannot be won only
through increased law enforcement
and prosecution efforts. "Increased
education, greater community
awareness and greater prevention
efforts, together with strong law
enforcement and prosecution, are
needed to prevail in this fight,"
Kelly said.
he use of illegal drugs not
only hurts the user, but can
leave many victims in its wake. In
her position as Victim/Witness
Assistance Coordinator, Barb
Johnson sees the effects of
people's drug use on family
members and others. Working
with lawyers supervised by Tom
Kelly, Johnson often provides
support to the victims of crimes
related to illegal drug use. The
brief story below is a compilation
of many cases Johnson has
worked with over the years and
illustrates the far reaching effects
of drug abuse.
Bill, now 28 years old, began his
descent into drug addiction by first
experimenting with cigarettes and
alcohol as an adolescent. Soon,
these addictions led to experi-
mentation with mar Juana. Too
busy getting high to complete his
education or hold down a job, Bill
began stealing bikes and stereo
equipment to hock for quick cash
to support his drug habit. As his
enslavement to illegal drugs grew
with methamphetamine use, he
stole his parents' checkbook and
forged thousands of dollars of
checks before he was caught.
Eventually Bill completed an out-
patient treatment program, got a
job and married. Shortly after their
first baby was born, he was laid
off because of a company merger.
The stress of family and financial
responsibilities increased and Bill
reached out once again to illegal
drugs for escape. One night,
arguing with his pregnant wife
about his addiction, he gave in to
his elevated anger and threw her
against the wall and kicked her in
the stomach. After the police
arrived and he was being led to
the squad car, he looked back at
his wife attended to by
paramedics and wondered how
his life could have come to this.
Some people might view :x
Bill as a victim of the illegal
drugs, but in reality his
"victimization" was a direct
result of his own personal
choices. These personal
choices, however, resulted
in the victimization of many
others. Bill's parents felt the
financial losses they suffered were
minimal compared to the worry,
concern, and loss of sleep and
peace of mind they experienced,
as well as the shame the entire
family endured. Bill's wife felt she
lost her husband as she watched
him desert the family for his drugs.
She felt a loss of security and her
own self-esteem. She had to carry
the full financial burden and total
care of their toddler and her work
suffered from the stress. Strangers
who were victims of Bill's stealing
lost financially, but even more
importantly, lost the sense of
security and safety in their own
homes. In financial terms, the
costs were also high: personal
financial losses, insurance claims,
employer's loss of productivity,
the costs of law enforcement,
prosecution, the courts, probation
and jail
From her experience working with
victims, Johnson noted "Often
loved ones think they can reason
with the addict, that they can just
explain to them how they are
destroying themselves. But
addiction has no logic. A
recovering addict once told me,
"when you are addicted to
something, of the top 100 things
important in your life, the first 99
are the substance, and maybe,
maybe, family would come in at
number 100."
For the addict, help is readily
available when he or she asks for
it. "The family needs to stop
focusing on getting the addict
"fixed" and to start working on
taking care of themselves."
Johnson said. "Understanding
and overcoming co-dependency
can be the first step in breaking
the abusive cycle propelling the
entire family."
What is Codependency?
Co-dependents are people who are close to someone with an addiction and
who allow the addicted person's behavior to control their lives. They may deny
the addict has a problem or even think that they have caused the problem.
They believe they can control the addict's behavior and fix the problem. Life for
them revolves around the addict's behavior: hiding it, trying to control it or
protecting the addict from consequences, Co-dependency can lead to health
and mental problems, such as numbing of feelings, depression, low self-esteem,
headaches, ulcers, problems with relationships and even addictive behavior.
To break out of the co-dependent cycle, family and friends of addicts need to
recognize that their loved one is addicted and has harmed them and their
relationships. They often believe that if they love the addict enough or help
enough, the addict will get better. But the fact is that no one's love is strong
enough to fix the addict. Family and friends need to take care of themselves by
getting help from people who understand the problems of co-dependency.
They need to acknowledge that the only person who can solve the addicted
person's problem is the addicted person himself.
From Sheriff
Don Hozempa:
As your sheriff, I am reminded almost every
day that drug crimes are not victimless crimes.
Drug use and addiction cause more crime
than the use of the illegal substance, showing
up as theft and domestic abuse which affects
the lives of the people around the drug user.
The Drug Task Force was established within the
Sheriff's Office to provide a specialized force to
stop the illegal use of drugs and protect the
community. Working as a team with the County
Attorney's office, we will continue to investigate
and arrest all users of illegal substances because
as Sergeant Walker often says, "75% of all those
who use illegal substances will become
addicts." By dedicating ourselves to the strong
enforcement of drug laws, and continuing to
work hand in hand with prevention and
rehabilitation, we hope to minimize drug crime
and its devastating effects on families and
communities of Wright County.
ago
From County Attorney
Wyman Nelson
To prevent the terrible effects of drug abuse on
family, friends and the community, the County
Attorney's office has a policy of prosecuting
even low-level users of illegal substances. By
prosecuting at this level, when marJuana
cigarettes or even very small amounts of
methamphetamine are present, we hope to
bring the drug user into a drug treatment
situation and stop further involvement in drugs.
Court mandated treatment and the threat of
random drug tests will help keep them drug-
free to take care of their families and
themselves, rather than dig deeper into the
drug culture, stealing to pay for drugs or even
dealing drugs and creating even more victims
of drug abuse.
For more information on Co-dependency & Drug Abuse:
Al -Anon, a Twelve Step Support Group, St. Cloud ... 320.2
Wyman Nelson
AA, Wright County ......................... 612-682-7308
Narcotics Anonymous ....................... 612-822-9472
For information on Chemical Dependency Counseling & Evaluations:
Central MN Mental Health Center, Buffalo ........... 682.4400
Charter Behavioral Health Systems, Waverly ...... 612.540.0005
Wright County Human Services, Buffalo .......... 612.682-7400
b
�
Ccc
To prevent the terrible effects of drug abuse on
family, friends and the community, the County
Attorney's office has a policy of prosecuting
even low-level users of illegal substances. By
prosecuting at this level, when marJuana
cigarettes or even very small amounts of
methamphetamine are present, we hope to
bring the drug user into a drug treatment
situation and stop further involvement in drugs.
Court mandated treatment and the threat of
random drug tests will help keep them drug-
free to take care of their families and
themselves, rather than dig deeper into the
drug culture, stealing to pay for drugs or even
dealing drugs and creating even more victims
of drug abuse.
For more information on Co-dependency & Drug Abuse:
Al -Anon, a Twelve Step Support Group, St. Cloud ... 320.2
Wyman Nelson
AA, Wright County ......................... 612-682-7308
Narcotics Anonymous ....................... 612-822-9472
For information on Chemical Dependency Counseling & Evaluations:
Central MN Mental Health Center, Buffalo ........... 682.4400
Charter Behavioral Health Systems, Waverly ...... 612.540.0005
Wright County Human Services, Buffalo .......... 612.682-7400
''G e n e r a 1
changesPersonality
' "Facts
about Methamphetamine
performance, frequent absenteeism
a drug increasing in use in Wright County
_ need for money,and nothing
to show for the money•
, � m• of n ett?,tmphctanlme (Meth) arf (r<Ink and ice. Crap ,
..
;i ; form. of i i let n mic tf?er It) pills, capsules. powders or
. of personal it_ that mightIs
. :
r hunk Ir. E !< <1 ; ry s !lil7c d smokable chunk.
hav- been s• • for moneyfor
,
drugs.
Goth .jtc f xr!-rr.,e-(V <1rjcLctrve <rnd Lxi,duce <i severc craving for
S t i m u l a n t s
the In.u.?
, n+,: J, , , f,r: ;?,,?; -Ir IrU_nc'd Ir, .rn;tll r<-ntitie and li extremely
rr I) -iu
Amphetamines, Methamphetamine,
-_it.
Cocaine
do;fgerr ji
Ctierc` i, on ccmt-Ofirlo factors of \•vhat is put in• the. drtag; rat
--• • problems
r,
pr "Ot, '-Aet' hOv1 l CiE'.3f?E`r r!rrC1 r),c. fluid arc some
• Lowered ••'
t r rtr j?<tJ(' r)E' n tt cd ir) meth.
• Depressed, irrit• - or • - •t
E.ffr_°ct or ; t :e� dntc, meta) c:an cause
• Ah:�r,: `..•^-lth ti,c ,hn�t_ant :_
• Paranoia
cjc;res:r ' ' o '✓: k r; tx ha�nc•:, ,e`✓::r. depression. nCr✓ousness. d
,ridcnre <and (to's.t r loss cf .if�pctite .=rnd
• ••. • • anxiety
V. Li:i-hj ic'rliii''-:)tU!f' vVillt'h Cdr (-<iUS(' brain
M a r i j u a n a
j-t`�r•ru; <+nd do -,!ti!
AltOir'i'y' I:_•trl !r:•cur-U %! u'r!1ed from l f)rllcf Eriforceriti :nt
-
• Paranoia
'vviu I ;r ): � :.)n Mot-)
• •• in grades or •
ffl(. ill: 'C 1011 �' ,:i I�V':'t t� f)i l�.r5 n�:'I r)�,/ (Il liblE'rr�s to �',!.�riE't`Y
performance
Al in N CI' i ;,;', r'xf,lC>`,Ior ti . r)d '!r,s triggered by the
Chronic• • cough •
r,;;, t. ontamination based
,, ;,,nvir(,.rirner!t'1i
111 �j, � �irtli , I r,.' �,I n'
reddened eyes
I .: ; ! SF d .'; ;i "',inufacturirtgj process, increased
•
-Oit, mcre-<ised d��mestic
• •tolerance •
lin I i r r t l ti p-)cxFi rv[:itionship skills.
• authority
.ill<.,
oflu�� nlrcj�c?l r<),ts inCludlnq that for
• Poor im• -control,leading
.;�' '.ic 1 , rit ;L<tu Inc it,d,nt.-_f FilV AIDS and
to sudden outbursts of •"
I-:C'I4trCi,.'l).'.
If you have concerns about illegal drug activity in your neighborhood...
call the Drug Tip Line of the Wright County Drug Task Force
1 -800 -tip -us -off
access code 612
What happens to drug forfeiture money when
drug dealers are arrested and prosecuted?
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"Forfeiture is a unique tool
available to law enforcement in
investigating and prosecuting drug
crime." says Tom Kelly, assistant
county attorney for Wright County.
"The proceeds of drug sales are
turned around and used for future
prosecution of drug crimes."
Drug Forfeiture
Pays for Training
Training paid for by drug forfeiture
money helps the County Attorney's
office get tough sentencing for drug
criminals. In a current case being
handled by the County Attorney's
office, assistant county attorney Tom
Kelly has been working with the U.S.
Attorney's Office in coordinating the
prosecution of persons suspected in
the manufacture of methamphet-
amine (meth) because the federal
laws, rather than the state laws,
have stronger penalties. By working
with the federal court system, the
DRvo TASK
f
WRIGHT COUNTY ATTORNEY &SHERIFF
JOIN FORCES TO COMBAT DRUGS
County Attorney's Office can bring
the full force of the law against the
manufacture of meth in Wright
County. Since state and federal laws
and sentencing guidelines
regarding drug crimes may change
with each legislature, on-going
training is required of prosecutors.
The on-going training paid for by
drug forfeiture money has helped
members of the County Attorney's
Office prepare cases for federal
court and increase their knowledge
in other areas of drug prosecution.
FORCE GROWS
An additional officer will soon join the Wright County Drug Task FnrrP TI,P
population of Wright County has increased by over 10,00(
year existence of the Drug Task Force. The increased popul
close proximity to the urban centers in Hennepin and Rami
an increased presence of law enforcement officers devoted
The Wright County Drug Task Force was started by Sheriff I
It has the mission of investigating all reports of illegal Activit
substances in Wright County. (The task force is comprised c
Wright County: the Wright County Sheriffs Office and the
of Annandale, Buffalo and Howard Lake.) Members of the
closely with the Wright County Attorney's office in
carrying out their duties to ensure successful
prosecution of drug crime suspects.
SEPTEMBER 1998 ISSUE
FORFEIT: SOMETHING
SURRENDERED AS PUNISH-
MENT. FORFEITURE: THE
ACT OF FORFEITING.
The Wright County Drug Task Force
uses many tools in enforcing drug laws.
Some of these are actual physical tools,
like night vision equipment for
surveillance or a drug -sniffing dog.
Others are legal tools, laws which help
enforcement officers conduct their
duties, such as the law allowing seizures
and forfeitures.
The Forfeiture Statute allows the seizure
of money, earned through the sale of
drugs, and possessions, used in drug
crimes or purchased with the proceeds
of drug profits. The proceeds from the
seizures can then be used by law
enforcement agencies in combatting
drug crime, such as purchasing a drug
dog and training officers and county
attorneys in drug enforcement. In
effect, drug profits are used to finance
drug enforcement.
See page 2 for a description of the
forfeiture process.
11i1; -41111d:
1 1 d H ffiv
Assistant county attorney Terry Frazier gathers ;',7
T,
background information on a forfeiture case from
Drug Task Force supervisor Lenny Walker.
Wright County Attorney Wyman Nelson, assistant county attorney Tom Kelly and
assistant county attorney Terry Frazier discuss forfeiture proceedings. Terry Frazier
represents Wright County in civil court cases of forfeiture when a suspect tries to
have seized items returned.
hen officers of the Drug Task Force search a suspected drug
criminal's residence, they may find an expensive sport utility
vehicle, thousands of dollars of cash and a brand new boat.
This property and money can be seized by the officers under the Minnesota
Forfeiture Statute. The state law, in general, allows the seizure of money and
property which are a derivative of drug crimes, and property used to
transport, conceal or facilitate the commission of drug crimes. Property
seized can include vehicles, real estate, weapons, precious stones and
electronic equipment.
After the money and property have been seized by officers from suspected
drug criminals, the persons involved are served with a notice of intent to
forfeit property. They have 60 days to contest the seizure and have the
property returned by requesting judicial determination and taking the matter
to court. (It is handled as a civil case, not as a criminal case.) A judge will
then render a ruling on whether there is a basis for forfeiture according to
the forfeiture law.
What happens to the
money and property
once it has been seized?
After the expenses of storing and
keeping the seized items are
deducted, the proceeds are divided
as follows:
70% To the Drug Task Force
to use in anti-drug enforcement
20% To the County
Attorneys Office to assist in
prosecutorial costs of drug cases
10% to the Minnesota
Victim/Witness Protection
program
The use of the funds from drug
forfeiture is limited to enforcement,
prosecution and education related
to drug crimes. The money is never
part of plea negotiations or added
to the budget of Wright County.
II:
Dog Sniffs
Out Drugs
'J11:1H:VV'INI
A:A■yll; 11
P
One of the purchases made by the Wright County Drug Task Force using
forfeiture funds barks and plays catch with a frisbee. In 1995, Housty Urgent,
better known as Spot, joined the Task Force as the canine unit with the purpose
of searching out drugs with his nose. The Task Force imported the Springer
Spaniel from London, England, and sent him to twelve weeks of training at the
Drexler Dog Training Institute in Elkhart, Indiana. Sergeant Lenny Walker, head
of the Drug Task Force, then attended two weeks of training to learn how to
handle the dog.
Spot does like to play frisbee, but Sergeant Walker says what Spot loves most is
to work. This bundle of canine energy can sniff out mar Juana, cocaine, meth
and heroin in garages, houses and cars. Even out in the woods or grass. On a
windy day at a demonstration conducted by Sergeant Walker for the Ducks
Unlimited Green Wings annual youth program, it took Spot only about five
minutes to find the packet of marJuana hidden in brush and tall grass. Spot can
work for about an hour before his nose gets dry and his energy burns out, then
he has to rest and drink water before trying again. Sergeant Walker says Spot
has been a great addition to the Task Force, finding drugs in unusual hiding
places that officers may never have located.
A recent study finds kids are
exposed to drugs more than
parents think.
In a study sponsored by the
Partnership for a Drug -Free
America approximately 9,000
children, teenagers and parents
were interviewed on the subject
of drugs. The survey found that
few parents think their children
have ever been exposed to
drugs but, according to the
youth responses, about 28% of
the 9 to 12 -year-olds had been
offered drugs during 1997. In a
similar case of perception differ-
ing from reality, 21% of the
parents said it was possible their
teen tried marJuana, but 44%
of the teens responded that
they had used marJuana.
Despite the response from
parents that 94% of them have
talked with their teens about
drugs in the last year, only 67%
of the teens said they had such
conversations.
Richard Bonnette, president of
the Partnership for a Drug -Free
America says, "Taking action
to protect your children (from
drugs) first requires recognizing
- and believing - the possibility
that your own kids are
susceptible."
For information on
Co-dependency & Drug Abuse:
AI -Anon, a Twelve Step
Support Group, St. Cloud 320-253-8183
AA, Wright County ............ 612.682-7308
Narcotics Anonymous .......... 612-822-9172
For information on Chemical
Dependency Counseling & Evaluations:
Central MN Mental
Health Center, Buffalo ............. 682.4400
Charter Behavioral
Health Systems, Waverly ........ 612.540-0005
Wright County
Human Services, Buffalo ........ 612.682.7400
If you have concerns about illegal drug activity in your neighborhood...
call the Drug Tip Line of the Wright County Drug Task Force
I -800 -tip -us -off
access code 612
For more information about the Wright County Sheriff's Office, visit our web site at
www.co.wright.mn.us/sheriff.htm
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Taking Drug
Criminals to Court
Fighting drug crime
through the County
Attorney's office
The Wright County Attorney's Office
believes in the team approach to
successfully prosecute offenders of
controlled substance laws.
"Building a case against a suspect is
like building a house, fact by fact,
log by log. If you don't have a good
foundation, the house will crumble,
as will the case," explains Tom Kelly,
Chief of the Criminal Division.
The prosecution of a drug case
begins with the investigation of the
drug crime. That's why the County
Attorney's Office works so closely
' with the Drug Task Force and other
enforcement officers, giving legal
instruction on search and seizure
legalities and conducting
interrogations. When a drug
investigation is conducted on solid
legal ground, the case will result in
a successful conviction.
t " WRIGHT COUNTY ATTORNEY & SHERIFF
.LOIN FORCES TO COMBAT DRUGS
Although trials make dramatic
TV footage, the goal of the
prosecuting attorney is to have
such a good case against a
suspect that he or she pleads
guilty in the pretrial hearing,
saving the county the expense
of going to trial. The majority
of cases in Wright County are
resolved in the pretrial hearing
3: a stage_
Wright County has a policy of
aggressively investigating and
prosecuting drug offenses,
even low level users. With a
smaller case load than more
populous counties, Wright
County has the capabilities to
prosecute them. Attorneys
don't want to close their eyes
to low level drug use,
because they want these
individuals to get help.
The office has successfully
prosecuted first degree
controlled substance offenses
also. These are the serious
cases of the manufacture
and/or sale of an illegal
drug. Attorneys have
prosecuted cases dealing
with the manufacture of
methamphetamines,
mar Juana growing
operations and the sale of
cocaine.
A Special Force in
Fiahtina Bruns
On a wintry night last January,
officers of the Wright County Drug
Task Force left their warm beds to
seek a search warrant and perform
a search on a house of a suspected
drug dealer. The suspect, stopped
for a car violation at I am, was
found to have illegal substances on
him and in the car.
The arresting officer knew this
person was being investigated for
drug dealing and called in the Task
Force. Even though it was the
middle of the night, it was the time
0
From police officer training to
courtroom presentations, the Wright
County Attorney's Office takes
seriously itsP role In fighting drug,r``
crimes. r
(See page`3 for related stor}
legal searches and taking a
to trial.),
35
to search the house to eliminate the
possibility of injury to officers and
residents, since the house would
probably be empty. The late night
work of the Task Force resulted in
evidence of drug dealing in the
house to use in court against the
suspect.
(continued on page 2)
APRIL 1998 ISSUE /
(continued from page I )
Law enforcement officers focused
totally on drug crime make up the
the Wright County Drug Task Force.
Lenny Walker and two full-time
narcotics officers, and a clerical
worker, provide the base of
operations at the Wright County
Sheriffs Office. The police
departments of Annandale, Buffalo
and Howard Lake comprise the
other members of the Task Force
and assign officers to the Task Force
on a part-time basis, as needed.
In 1990 Sheriff Hozempa created
the Narcotics Division in the Wright
County Sheriffs Office and asked
Walker to investigate the need for a
Task Force. Walker had conducted
drug education seminars and was
familiar with drug crime in Wright
County.
The result of Sheriff Hozempa's
vision and Walker's research was a
grant from the Federal
Government, through the
Minnesota Office of Drug
Prevention, to be matched by
county funds, to set up the Task
Force. This grant has been
renewed every year.
"The Task Force is a good addition
to our countys law enforcement.
It gives us a specialized unit of law
enforcement to combat drugs.
Because it is specialized, we have
been able to be more aggressive
in arrests for both the use and sale
of illegal substances," said County
Attorney Wyman Nelson.
Task Force Takes Action
Since 1991 the Task Force has
investigated all reports of illegal
activity involving controlled
substances in Wright County.
Complaints from all law
enforcement agencies in Wright
County are forwarded to the Task
Force. Officers use sophisticated
means of tracking down dealers,
manufacturers and users in the
county, from undercover,
surveillance, covert operations,
reverse stings, to the execution of
search warrants, collection of
evidence and working with the
Wright County Attorneys Office in
the preparation for prosecution of
cases.
'Wright County is not a drug
haven, but it is not removed from
The Anatomy of an Investigation:
the drug problem," explained
Walker 'We generally seize a
quarter million dollars worth of
illegal substances in a year. In 1993
and '94, some large raids took off
the streets over S1 million worth
of drugs."
The two officers assigned to the
Task Force rotate every two or three
years. Since the Task Force members
receive specialized training in
narcotics investigation and arrests,
the rotation allows the training to
become integrated into the rest of
the Wright County Sheriffs Office.
It also helps to avoid officer burnout
in this highly charged atmosphere
of drug arrests and surveillance.
"It takes a special person to be on
the Task Force," said Walker. "He or
she has to be willing to jump out of
bed at any hour of the night to
pursue a search warrant. They
have to give up free time and work
a sporadic schedule due to
surveillance needs. These officers
are very dedicated to their work."
Typically, the Task Force begins a drug investigation based on reports of suspected drug activity observed
by other officers or the public. Based on the information, a Task Force officer starts an intelligence case file
on the suspects. The officer conducts research into the background of the suspects: their history, criminal
record, work and activities. The officer searches for evidence to substantiate the information first received,
such as above average traffic at the house or the suspect shows money around, but doesn't seem to have
a job.
After gathering this initial background information, if the officer in charge and Supervising Officer Walker
agree the evidence warrants further investigation, more evidence will be gathered to use for purposes of
an arrest warrant. The Task Force will conduct surveillance, physical or electronic, on the suspect or
suspects.
The officer may initiate contact with the suspect while undercover or use a contact the suspect is familiar
with to gain the information. They may get subpoenas to look into financial records and utility bills. If
results from the surveillance indicate illegal activity conducted at a house, a search warrant will be sought
from a judge.
With search warrant in hand, Task Force officers decide from the history of the suspect if there's a possibility of weapons in the house. If weapons may
be in the house, the Task Force will make a rapid entrance, what they call a "No Knock" search rather than a "Knock and Announce". The "No Knock"
search begins with a pre -raid briefing. Officers are given assignments, told of possible weapons and the number of suspects. They want the element of
surprise, so residents don't have time to hide evidence or pull out their weapons. When a residence is secured, a search of the house is conducted. The
search is videotaped and still photographs taken of any illegal substances and weapons. If evidence of a crime is found, officers arrest the suspect
immediately.
Back at the Sheriffs office, the evidence - meth or mar�uana or any other illegal substance - must be tested and weighed. Everything is documented,
photographed and submitted to the evidence room. Officers make a report of their activities and submit the reports to the County Attorney for the
charges to be determined. As the case is prepared for trial, officers will work with the County Attorney and testify during the trial phase.
To successfully prosecute a drug
crime, the investigation of the
crime must be conducted in such a
way that the evidence collected will
stand up in court. That's why
members of the Wright County
Attorney's Office instruct drug
enforcement officers on proper legal
searches.
These officers have to make quick
judgments while on duty so they
need a strong background on what
is legal or not legal, so the search,
and the evidence, will be sustained
in a court of law.
A judge issues a search warrant
based on evidence of a possible
crime being committed, but
searches can be made without a
search warrant. These are called
exceptions to the warrant.
Officers must know when the
exceptions to a warrant can be
used, such as motor vehicle
searches, inventory searches, plain
view searches and stop and frisk
searches. When an officer stops a
car for a traffic violation, for
example, and sees a mar Juana
cigarette in plain view, that serves as
probable cause to search the rest of
the vehicle for more illegal
substances.
When the Task Force officer feels
enough evidence has been
gathered in a case, the record of
investigation is turned over to the
County Attorney's Office to review
for criminal charges.
An attorney will draft a complaint of
controlled substance laws in the 1 st
to the 5th degree, depending on
the chemical, amount involved and
whether the offense was use or
sale. That sets in motion the criminal
justice process.
In an omnibus hearing held in front
of the judge, the defense can ask to
suppress a statement of evidence, if
it was not gathered in a legal
manner. That's why the importance
of teamwork between the two
offices is so important.
In the next step, the pretrial
hearing, many of the cases are
resolved when defendants plead
guilty because of the strong case
against them. The prosecuting
team has analyzed each case before
making criminal charges, ensuring
the evidence is strong enough to
persuade the defendant to plead
guilty at this stage.
If the parties can't resolve the issues
at pretrial, the case goes to trial.
Task Force officers testify in court to
substantiate the evidence. Often the
evidence may look innocent to
jurors at first glance, like cut-out
squares of magazine pages, but
when an officer explains that the
squares become the circular
containers of cocaine, the evidence
can be damaging. If the Drug Task
Force and the attorney have done
their homework, as it is in most
cases, drug criminals are convicted
and sent to jail.
85 Drug possession fE
23 Drug distributic�'
9 Drug man=gy=
29 Drug posses" I
33 Possession of drug'
9 Non -drug arrests:
Drug
Crime
in
Wright
County
A 1997 activity report of
the Drug Task Force:
158 new drug crime cases were
initiated in 1997.
With 240 working days per year,
that means a Drug Task Force officer
starts a new drug case approx-
imately every day and a half.
■ 206 cases investigated
■ 121 cases cleared by arrest
■ 9 cases dropped for lack of
probable cause
■ 43 search warrants executed
■ 26 arrest warrants issued and served
■ 188 Drug Arrests were made in 1997:
Seizures Made in 1997 by Wright County Drug Task Force:
Street value of drugs ....................... over $175,000
8 vehicles .................................. $21,675
37 seizures of currency ......................... $16,186
33 weapons .............................. over $5,000
L
�� _ Facts about Drugs
a Sources indicate the illegal substances with highest use in
Wright County are marijuana and methamphetamines
(meth). Here" a few statistics and observations to ponder:
• The THC level (THC is the hallucinogenic ingredient in
marJuana) in marJuana is now 20%, whereas 30 years ago
it was only 2-3% of the plant.
BOHOL
Children as young as ten are smoking mar Juana.
of the • Hazelden, a nationally recognized facility for people with
Force chemical abuse problems, reports a rise in the number of
people becoming addicted to marJuana use.
• Just one marJuana plant can provide the contents of 85
412 marJuana cigarettes, which equals 170 hours of marJuana
ne highs.
■ I or 2 joints can decrease a person's driving skills as
rssible much as 52-63%.
ty:■ Read the next issue of Drug Enforcement News for
cloincl of information about Methamphetamines.
Did you know...
... marijuana is 15 times as potent as the marijuana of the 1960s?
... methamphetamines can cause an extreme rise in body temperature
which can result in brain damage and death?
... the use and sale of illegal substances are not victimless crimes?
Illegal drug use can leave in its wake abused 1
E
women and children, poverty, illness and even , 5
death.
Find out more in the next issue of Drug k
Enforcement News available in June.
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTIO`
AGENDA SECTION: DEPARTMENT: FETING DATE:
r MEETING DATE
DLPriT gL�IENT: PREPARED BY:
v.
Can :�t, Ass-Stant C_ty Panne= Ewa-ne Beatty, C-t,; C_e:s
Coun---- of:
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY:
6.1. Re-consideration of the conditions of approval of the CUP dated August 10, 1998 for Keith
Knutson PID #118-500-332401, 6630 Odean Avenue NE.
BACKGROUND:
6.1.
This item came before the P.C. and Council approved a CUP dated August 1C, 1998-
Keith Knutson is asking for some changes in the CUP and the P.C. has been asked to
recommend to the Council on the new information they have received from Keith
Knutson. I have attached the P.C. information. This property is South of Odean and
Co. Rd. 437 (7CTH ST NE)in Section 33, Range 23. The Planning Commission discussed
the issues of Size of Acreage (close to 5 acres`. Hobby farm and what is the t
criteria. (P.C. may find he may be defined as a hobby farm) and therefore exempt
from building requirements. Mr. Knutson stated he has indicated what he intends,
long term for his property. He feels he is a hobby farm. He discussed that he
houses classic cars, intents to have animals, crops and an orchard in the
future. Some discussion was had by the P.C. Regarding hobby farms and what should
be allowed for number of buildings on a lot and size of buildings. Mr, Knutson
reminded the P.C. he is zoned A-1, and it is Ag. land. Discussion was ha^ on how
this property is taxed. It is currently considered a residential lot in an Ag zoned
area, as the primary use is residential. Discussion of the property no= meeting the
criteria for a hobby farm at the :resent time. `Rr. Knutson waned the F.C. 'o
understa.^.d the _proper::y is farm use. The recommendation was as fellows:
RICHARD NICHOLS MOTIONED TO RECOMMEND TO THE COUNCIL TO NOT RECONSIDER THE
CONDITIONS Or THE CONDITIONAL USE PERMIT. ARLEEN NAGEL SECONDED THE MOTION. MOTION
CARRIED 4 TO 1 WITH BRUCE BASK OPPOSING.
RECOMENDATION:
This is for Council consideration and any action to Reconsider the CUP
conditions.
Th s,
Elaine
N
I N C
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO.:
N RTHWEST ASSOCIATED CONSULTANTS
COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
File
Daniel Licht
11 September 1998
Otsego - Staff Meetings: Knutson
176.08
i
Mr. Keith Knutson attended the Otsego City Staff meeting on 10 September 1998 to
discuss his objections to the requirement of approval of his CUP application that three
accessory buildings less than 250 square feet be removed, as well as his overall planned
use of his property.
Mr. Knutson explained a multiple phased concept for his property that would involve site
and building improvements, as well as keeping limited numbers of farm animals and
growing crops. The accessory buildings that are required to be removed per CUP
approval are important elements the concept plan from Mr. Knutson's perspective.
Staff explained that his property is considered a residential use that is in an agricultural
area. The intent of the existing accessory building ordinances and the City Council's
action is to limit the number and size of accessory buildings on residential properties as
a matter of compatibility and property maintenance. If in fact Mr. Knutson were to
complete his plans, the property may be considered as a hobby farm, which would address
his concerns over accessory building limits.
Mr. Knutson was told to prepare a letter to the Planning Commission and City Council
explaining his concept plan for his property and the need for the smaller accessory
buildings. The letter may then be presented to the Planning Commission and City Council
to determine if there is an interest in amending the approved CUP requirement to remove
the small accessory buildings or consider his property as a hobby farm.
JAS- J-1 -g 1EPn�
PC. Mike Robertson
Elaine Beatty
Keith Knutson
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK. MINNESOTA 554 1 6
PHONE 61 2.595-9636 FAX 612-595.9837 E-MAIL NAC@WINTERNET.COM
ADOPTED by the Otsego City Council this 10th day of August 1998.
CITY OF OTSEGO
By:
Larry FXurillier, Mayor
ATTEST:
BY
I^
laine Beatty, City Clerk/Zoning inistrator
AGENDA SECTION:
DEPARTMENT:
CITY OF OTSE.GO
REQUEST FOR COUNCIL ACTION
DEPARTMENT: MEETING DATE:
PREPARED BY:
richt, Assistant City Planner
MEETING DATE
C-_aine Beatty, C_ty
Come,-- of:
10/26/93-6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED 9426
6.2. Consider CUP for applicant/owner Mask and Terese AhmanL
Large Court NE, PID #118-156-001050,
Sec. 13, Twp 121, R24, Lot 5, B1.
1, Rolling Ridge Creek A-1 Zoned property as follows:
A Conditional Use Perm -4t to allow the fo'-low=ng : ft on
y• A. Accessory building size greater than 1,500 sq.
a single family lot. ft on a
B. Total accessory area greater than 2,000 sq
single family lot.
BACKGROUND:
This item came to P.C. for Hearing on October 7, 1998•
This Hearing was continued to October 21, 199 8PM P'-ann.ng Comm -niton
Meeting to a-1ow the app-icant to obtain further nformation. ;Minster
are attached for your review).
On October 21, the Planning Commission reviewed the new information
submitted by the applicant. I'he P. C. discussed the new information
Chair Swenson re -opened the Hea-.ng to the Pub -c.
Mr Marr Ahmann Noted he is aPP
licant/owner and he has
9426 I a-ge Court letters of approval from the bu_-def and
Otsego, Mn. the two present homeowners -Jn the deve'oprt-
RICHARD NICHOLS MOTIONED APPROVAL OF HE CUP SUBJECT To THE 5
GOENNER SECONDED THE MOTION.
CONDITIONS OF THE STAFF REPORT. EUGENE
MOTION WAS RICHARD NICHOLS, GENE GOENNER AND BRUCE RASK VOTING YES AND
ARLEEN NAGEL, JIM KOLLES AND CARL SWENSON VOTING NO. MOTION DEFEATED 3
TO 3. ace and
There was much discussion of the total amount of accessory sp
the size of the building being proposed for this-esident-al in
character subdivision and future impact and precedent. CM Wendel was
asked to explain to the Council that this is a split decis�-on and the
P.C. is leaving it up to the Council to decide. P.C. discussed
consideration of slid -ng scale for accessory bu_-dings acCO- ng to
lot size and possible of changes in zoning for the R.es=dentia' Ag -
lots. (Attached is the P.C. additional information)and Findings of
Fact)
RECONMNDATION:This is for Council Discussion and decision as the P.C.
was split 3 to 3 on their recommendation, they asked the Council to
determine what size should be allowed for this accessory building.
Thanks, Elaine
OCT -14-1998 12:02
NW^ f"
INC
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO.:
NAC 612 595 9837 P. 02/'05
NORTHWEST ASSOCIATED CONSULTANTS
COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
i
14 4 blv -D fi �/
Otsego Planning Commission
Daniel Licht
14 October 1998
Otsego - Ahmann Accessory Building CUP
176.02 - 98.15
3
The Planning Commission, at their meeting on October 7, 1998 considered Mr. Mark
Ahmann's application for a CUP to allow construction of a 3,200 sq. ft. detached accessory
pole building. The Planning Commission expressed concems that the size and type of the
proposed building was not appropriate given the more urban residential character of the
Rolling Ridge Creek Subdivision.
Mr. Ahmann has revised his application for an accessory building CUP, at the direction of
the Planning Commission, to request approval of a 2,400 sq, ft., stick built structure with
lap vinyl siding. The proposed building has been relocated to the extreme northeast
comer of the property. The applicant is also indicating that eight pine trees will be planted
along the north property line to screen the proposed building from view.
If the Planning Commission finds that the proposed 2,400 sq. ft. building and total
accessory area of 3,200 sq. ft. including the existing attached garage is appropriate in
consideration of the criteria for granting a CUP outlined in Section 20-4-2.f of the Zoning
Ordinance, the size of the subject parcel and character of the subdivision, the CUP may
be approved. Our office recommends that any approval be subject to the following
conditions:
The building is constructed in substantial conformance with the following plans on
file with the City of Otsego, except as may be modified by the City Council:
Site Plan (Exhibit A)
Building Elevation (Exhibit B)
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416
PHONE 61 2-595-9636 FAX 61 2-595-9637 E-MAIL, NAC@ WINTERNET.COM
2. The color of the proposed building shall be consistent with that of the principal
structure.
3. No commercial or home occupation activities, except as expressly permitted by and
in accordance with the Zoning Ordinance, are conducted on the property, including
storage of materials and equipment that are unrelated to the on-site residential use
and activity.
4. All grading, drainage and utility easement issues shall be subject to review and
approval of the City Engineer.
5. Comments of other City Staff.
pc. Otsego Mayor and City Council
Mike Robertson
Elaine Beatty
Andy MacArthur
Lary Koshak
Mark Ahmann
2
F�i✓v�l
October 12, 1998
Mark & Terese Ahmann
9426 Large Ct. NE
Otsego, MN 55330
To Whom It May Concern:
We are the owners and applicants of the proposed 40x60 stick
built outbuilding on Lot 5 of Rolling Ridge Creek.
We feel that an outbuilding of this size fits can blend in well
in this new location. I now have 3 sources of 8-14' pine trees
and plan on planting a north property line wind breaker.
Thank you
Mark ann Tnrese Ahm_A `ann o_�
C � LGA r Z� t �. -- _
q
,I'SO"'LPI
October 12, 1998
We, Brian and Joann Mika, accept the propasal to build a vinyl sided
out building on lot 5 of Rolling Ridge Creek Development.
Brian Zilka
9402 Large Court NE
Otsego, MN 65330
612-241-0481
A1/Lk/
J nn Zilka
Cb Christian Builders INC.
(612) 428-8323 • FAX (612) 428-2101 • 21000 ROGERS DRIVE • ROGERS, MN 55374
October 13, 1998
To Whom It May Concern:
Christian Builders owns the remaining lots in Rolling Creek Ridge including Lot 6 Block 1
Rolling Creek Ridge directly north of Lot 5 Block 1 Rolling Creek Ridge owned by Mark
Ahmann at 9426 Large Court.
Christian Builders has approved the location, style and type of building Mark Ahmann would
like to build on his lot. Christian Builders understands a variance from the City is needed to
build this size building. Christian Builders recommends the City approve this building variance
provided there would be no outside storage in addition to this.
Christian Builders, Inc.
- - 10/10/1998
Design # 32612
Take this sheet to the Building Materials counter to Purchase your materials.
ldgarage with these o tions:lrou seectea p
40' Wide X 60' Deep X 10' High
Gable roof w/ ./12 pitch truss construction.
0" gable/12" eave overhangs.
7/16" OSB Wall Sheathing.
7/16" OSB Roof Sheathing.
20 yr. Classic, Weathered Wood Shingles.
Hickory Aluminum Soffit.
Hickory Aluminum Fascia.
Hickory Aluminum Regular Roof Edge.
Pine overhead door jamb.
Sandstone Vinyl 3" Double lap Siding.
-coorh
'View
JheW'.
Today's cost for materials estimated in this design: $ 9727.21
Base garage without options: $ 7313.36
*The base pries includes: 0" Eave/0" Gable Overhangs, 2X4 Will Studs,
1/16 OBS Roof Sheathing, 20 yr. Fiberglass Classic - Onyx Black Shingles,
Pins Fascia, Galvanized Regular Roof Edge, a" Textured Vertical Hardboard Siding,
No Service Doors, No Overhead Doors, No Windows, or Any Other Options.
qw
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EXHIBIT 8 - ROLLING RIDGE CREEK SUBDIVISION
NORTHWEST ASSOCIATED CONSULTANTS
INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
N w^ r"*
PLANNING REPORT
TO: Otsego Mayor and City Council
Otsego Planning Commission
FROM: Cynthia Putz-Yang / Daniel Licht
DATE: 28 September 1998
RE: Otsego - Ahmann Accessory Building CUP
FILE NO.: 176.02 - 98.15
EXECUTIVE SUMMARY
Background
Mr. Mark Ahmann and Ms. Terese Ahmann are proposing to construct a 3,200 square foot
accessory pole building on their single family property located at 9426 Large Court NE
which is located in the Rolling Ridge Creek Subdivision. The site is located south of
County Highway 39 and east of County Road 19 in an area containing seven residential
lots ranging from approximately 1.0 to 2.2 acres4n size: -The Rolling Ridge Creek
Subdivision was created via the transfer and clustering of 1 per 40 development rights.
The accessory detached building would be used to store vehicles and to provide a
wood/mechanical shop area for hobbies. The applicants also have an attached three -car
garage. The subject site is approximately 1.9 acres in size and is zoned A-1, Agricultural -
Rural Service District.
The proposed accessory building requires the processing of a conditional use permit for
an accessory building size greater than 1,500 sq. ft. on a single family lot, total accessory
area greater than 2,000 sq. ft. on a single family lot, and pole building construction Within
the A-1, General Agricultural Service District.
Attached for Reference:
Exhibit A: Site Location
Exhibit B: Location within Rolling Ridge Creek Subdivision
Exhibit C: Site Plan
5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK, MINNESOTA 5541 6
PHONE 61 2-595-9636 FAX 61 2-595.9837 E-MAIL NAC@ WINTERNET.COM
Exhibit D:
Building Elevation
Exhibit E:
Building Plan
Exhibit F:
Photographs of Building Similar to Proposed
Exhibit G:
Photographs of Site
Recommendation
The site is located in an area containing seven residential lots ranging from approximately
1.0 to 2.2 acres in size. The 3,200 square foot proposed accessory building is larger than
what is typically found in residential areas and would bring the total accessory structure
area to approximately 4,000 square feet. A pole building type of construction and the use
of metal siding is more consistent with agricultural use than residential areas. The City
has in the past approved CUPs for such buildings but only for large lot, isolated parcels.
Past residential accessory building approvals for properties in more urban subdivisions
have required that the building be of the same materials, construction type and color as
the principal structure. There is a question as to whether the size, building type and
building materials proposed are compatible with the residential character of the
subdivision. If the Planning Commission and City Council decide to approve the size of
the proposed structure, they may still wish to consider requiring a stick built type of
construction. If the CUP request is approved, it should be subject to the following
conditions:
The building is constructed in substantial conformance with the following plans on
file with the City of Otsego, except as modified herein:
Site Plan (see Exhibit C)
Building Elevation (see Exhibit D)
It,;-
2. No commercial or home occupation activities, except as expressly permitted by and
in accordance with the Zoning Ordinance, are conducted on the property, including
storage of materials and equipment that are unrelated to the on-site residential use
and activity.
3. The side yard setback is at least ten feet, subject to verification by the City Building
Official.
4. All grading, drainage and utility easement issues should be subject to review and
approval of the City Engineer.
5. Comments of other City Staff.
Planning Report - Ahmann Accessory Bldg. CUP
Page 2
ISSUES ANALYSIS
Request. The applicants are proposing to construct a 3,200 square foot accessory pole
building on the subject property. This structure would be in addition to an attached three -
car garage that is approximately 750 square feet in size. The building is intended to store
a vintage car, a motor home, a loader/tractor, snowmobiles, etc. and is intended to contain
a wood/mechanical shop area for hobbies. The existing attached garage would be used
to store the applicants' two primary vehicles and lawn/garden equipment. The total
accessory structure area on the property would be approximately 3,950 sq. ft. if the
proposed building is approved.
The accessory building provisions of the Zoning Ordinance related to single family uses
limit accessory building size to 1,500 sq. ft. on a single family lot and limit total accessory
area to 2,000 sq. ft. on a single family lot unless a CUP is considered and approved.
Additionally, the construction of a pole building in the A-1 District for a single family use
also requires approval of a CUP.
CUP Criteria. Section 20-16-4.1 of the Zoning Ordinance specifies criteria that must be
considered relative to a request for an accessory building conditional use permit:
1. The is a demonstrated need and potential for continued use of the structure and
purpose stated.
Comment. The proposed structure is intended to be used for storage and workshop
space accessory to the residential use of th . roperty, which maybe considered a
demonstrated need and will have the potent5i for continued use.
2. In the -case of residential uses, no commercial or home occupation activities, except
as expressly permitted by and in accordance with [the Zoning Ordinance], are
conducted on the property. This restriction shall include the storage of materials
and equipment which are related to the on-site residential use and activity.
Comment: This criteria would be made a condition of any approval.
3. The building has an evident re -use or function related to the principal use.
Comment: The building has an evident re -use as storage for the residential use.
4. Accessory building shall be maintained in a manner that is compatible with the
Planning Report - Ahmann Accessory Bldg. CUP
Page 3
adjacent areas and does not present a hazard to public health, safety and general
welfare.
Comment: The building would be built within Code and not present a hazard to
public health, safety and general welfare.
4,-R
5. The provisions of Section 4.$f of [the Zoning Ordinance] shall be considered and
a determination made that the proposed activity is in compliance with such criteria
(listed below).
A. The proposed action's consistency with the specific policies and provisions
of the official City Comprehensive Plan.
Comment: The 1991 Comprehensive Plan states that "Oversized" accessory
structures within urban areas pose a policy question as to their long term
advisability as it relates to neighborhood harmony, compatibility and
character. In the situation under review, although the area is zoned
Agriculture - Rural Service Area, the size of the lots has created a more
urban character within the subdivision. The Comprehensive Plan also states
that accessory buildings within urban areas shall be of a compatible design
and size to maintain a residential neighborhood character. Such buildings
shall be limited to residential use related activities. City Officials must
determine whether the proposed accessory structure is compatible in design
and size within this residential area. The proposed use is for residential use
related activates.
B. The proposed use's compatibility with present and future land uses of the
area:
Comment: The site is located in ars area containing seven residential lots
ranging from approximately 1.0 to 2.2 acres in size. Currently, there are
three houses located in the Rolling Ridge Creek Subdivision. In the future,
it is expected that all seven lots will be developed. The land surrounding the
subdivision is agricultural and is anticipated to remain agricultural. The
proposed accessory building is larger than what is typically found in
residential areas and the type of construction is more consistent with
agricultural use than residential areas. The City has in the past approved
CUPs for such buildings but only for large lot, isolated parcels.
C. The proposed use's conformity with all performance standards contained in
the Zoning Ordinance (i.e., parking, loading, noise, etc.).
Comment: The proposed use will be constructed within all applicable
Planning Report - Ahmann Accessory Bldg. CUP
Page 4
performance standards as a condition of approval.
D. The proposed use's effect upon the area in which it is proposed.
Comment. The proposed use will have a visual impact from neighbors'
houses, from the street within the subdivision (Large Court), and from County
Highway 39 as is seen in Exhibit G. The proposed building is screened to the
east by a row of trees and is exposed on all other sides.
E. The proposed use's impact upon property values of the area in which it is
proposed.
Comment: The proposed use could impact property values of the area
negatively based on its relationship to neighborhood harmony, compatibility
and character.
F. Traffic generation by the proposed use in relation to the capabilities of
streets serving the property.
Comment. The proposed conditional use is not anticipated to generate
any additional traffic.
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.
Comment: The proposed conditional use is not anticipated to ha ve a negative
impact to the City's service capacity.
Materials. Section 20-16-4.G of the Zoning Ordinance requires suitable quality exterior
materials be used for accessory buildings over 150 square feet. The design of all
accessory buildings also needs to be compatible with the principal building on the lot.
'Compatible" means that the exterior appearance of the accessory building is similar to the
principal building from an aesthetic, building material and architectural standpoint so as
not to cause:
a. A difference to a degree to cause incongruity as determined by the City Council; or
b. A depreciation of neighborhood or adjacent property values.
The building elevation (Exhibit D) shows that the proposed building has tan metal siding
to match the color of the house vinyl siding. The proposed roof is also to match the color
of the house roof. Brick covers approximately the lower three feet of the walls. Past
Planning Report - Ahmann Accessory Bldg. CUP
Page 5
residential accessory building approvals for properties in more urban subdivisions have
required that the building be of the same materials, construction type and color as the
principal structure. Exhibit F provides an example of a building similar to what is
proposed.
Building Type. Section 20-16-4.G of the Zoning Ordinance states that pole buildings are
allowed as a permitted accessory structure within the A-1 and A-2 Districts upon approval
of a conditional use permit, provided that:
a. The location and placement of the structure does not negatively impact abutting
property.
Comment. The proposed structure will visually impact abutting property. No
screening has been proposed between the structure and the abutting properties.
b. The provisions of Section 20-16-4.2F regarding building height are considered and
satisfactorily met.
Comment. In the A-1 Zoning District the maximum non -agriculture related
accessory structure height is 45 feet or the height of the principal building,
whichever is least. The back side of the house is three stories tall, and the
accessory structure is less than this height. The accessory structure appears to be
21 to 23 feet tall based on building elevation drawings.
Setbacks. Accessory structures to single family uses are subject to principal building front
setback requirements and a 10 foot side/rear setback requirement. The proposed building
exceeds front and rear setback requirements. The proposed building must be setback at
least ten feet from side property lines as a conditional of approval subject to verification
by the Building Official.:
Height. In the A-1 Zoning District the maximum non -agriculture related accessory
structure height is 45 feet or the height of the principal building, whichever is least. The
back side of the house is three stories tall, and the accessory structure is less than this
height. The accessory structure appears to be 21 to 23 feet tall based on building
elevation drawings.
Grading, Drainage and Utilities. All grading, drainage and utility easement issues should
be subject to review and approval of the City Engineer.
CONCLUSION
Planning Report - Ahmann Accessory Bldg. CUP
Page 6
The subject site is located within a subdivision containing 1.0 to 2.2 acre lots. The site is
zoned A-1 Agricultural Rural Service Area. The proposed accessory pole building may be
considered appropriate if City Officials find that this size and type of structure is consistent
with a single family residential use that is in a residential subdivision in a planned
agricultural area. Our office's specific recommendation is outlined in the executive
summary of this report.
pc: Elaine Beatty
Andy MacArthur
Lary Koshak
Mark and Terese Ahmann
Planning Report - Ahmann Accessory Bldg. CUP
Page 7
EXHIBIT A - SITE LOCATION
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OCT -22-1998 09:21 NAC
612 595 983? P.02i14
NORTHWEST ASSOCIATED CONSULTANTS
1NC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
MEMORANDUM
TO: Otsego Mayor and City Council
FROM: Daniel Licht
DATE: 22 October 1998
RE: Otsego - Ahmann Accessory Building CUP: Planning Commission
action
FILE NO.: 176.02 - 98.15
The Planning Commission considered the above referenced application at their meetings
on October 7, 1998 and October 21, 1998, The Planning Commission had expressed
concern at the October 7th meeting that the original proposal to construct a detached
3,200 square foot accessory building was too large and that pole building construction was
not appropriate in consideration of the urban residential size and character of the Rolling
Ridge Creek subdivision and the existing attached 800 square foot garage on the property.
The applicant revised the submission to propose construction of a stick -built, 2,400 square
foot structure that would be located at the extreme rear of the property and screened with
pine trees. The total accessory area on the property with the revised application would be
3,200 square feet.
The discussion of the Planning Commission focused on determining the appropriate size
of an accessory structure for these types of lots that are within the rural service area and
are zoned A-1 District. Staff advised that although the property is zoned A-1, Agriculture
Rural Service Area, the use of the property is defined as single family residential which is
distinct from a property defined as a farm. City officials must evaluate the impacts of this
size of an accessory structure within an urban scale residential subdivision. Any approval
of the CUP would have to distinguish how this residential subdivision is unique from other
one -acre residential subdivisions in the community to avoid establishing a precedence
both in this area, as well as other developed areas of the City. This issue is particularly
relevant as this type of development in the rural service area is likely to increase with the
increased densities allowed under the 1998 Comprehensive Plan Update.
5775 WAYZATA BOULEVARD, SUITE 555 ST, LOUIS PARK. MINNESOTA 55416
PHONE 812-595-9(536 FAX 612-595-9837 E-MAIL NACO WINTERNET.COM
OCT -22-1998 09:22 NAC 612 595 9837 P.03i14
A motion was made to approve the accessory building CUP. The Planning Commission
voted 3-3 on the motion, therefore the motion failed. No other motions were made
regarding this application. As such, the application comes to the City Council with no
recommendation from the Planning Commission.
Findings of fact to approve and deny the application have been prepared for consideration
by the City Council. The City Council must evaluate the criteria outlined in the 28
September 1998 Planning Report and make findings as outlined in the attached findings
of facL Please note, if the City Council is favorable to the request, our office recommends
the following conditions be included as part of any approval:
The building is constructed in substantial conformance with the following plans on
file with the City of Otsego, except as may be modified by the City Council:
Site Plan (Exhibit A)
Building Elevation (Exhibit B)
2. The color of the proposed building shall be consistent with that of the principal
structure.
3. No commercial or home occupation activities, except as expressly permitted by and
in accordance with the Zoning Ordinance, are conducted on the property, including
storage of materials and equipment that are unrelated to the on-site residential use
and activity.
4. All grading, drainage and utility easement issues shall be subject to review and
approval of the City Engineer.
5. Comments of other City Staff.
PC. Mike Robertson
Elaine Beatty
Andy MacArthur
Larry Koshak
Mark and Terese Ahmann
2
OCT -22-1998 09:23 NAC 612 595 9837 P.04i14
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
IN RE:
Conditional Use Permit
Approval
FINDINGS OF FACT
AND DECISION:
Application of Mark and Terese Ahmann to allow contruction of a detached accessory
building greater than 1,500 square feet and total accessory building area greater than
2,000 square feet on property located at 9426 Large Court NE. The Otsego City Council
met at its regularly scheduled meeting on October 26, 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 approval of a conditional use permit to allow:
a. Construction of a detached accessory building greater than 1,500 square
feet.
b. Total accessory building area greater than 2,000 square feet on a single
family property.
2. The legal description of the subject property is as Lot 5, Block 1 Rolling Ridge
Creek.
3. The subject property lies within the Rural Service Area as identified in the 1991
Comprehensive Plan, as amended.
4. The subject property is zoned, A-1 Agriculture Rural Service District.
5. Section 20-4-2.17 of the Zoning Ordinance directs the Planning Commission and
City Council to consider seven possible adverse effects of the proposed conditional
use The seven effects and findings regarding them are:
a. The proposed action's consistency with the specific policies and provisions
of the official City Comprehensive Plan.
Finding: Although the area is zoned Agriculture - Rural Service Area, the size
OCT -22-1998 09:23 NAC 612 595 9837 P.OSi14,
of the lots has created a more urban character within the subdivision. The
Comprehensive Plan also states that accessory buildings within urban areas
shall be of a compatible design and size to maintain a residential
neighborhood character. The proposed accessory structure is compatible
in design and size within this residential area.
b. The proposed use's compatibility with present and future land uses of the
area:
Finding: The proposed accessory building will be compatible with present
and planned residential uses of the area
C. The proposed use's conformity with all performance standards contained in
the Zoning Ordinance (i.e., parking, loading, noise, etc.).
Finding: The proposed use will be constructed within all applicable
performance standards as a condition of approval.
d. The proposed use's effect upon the area in which it is proposed.
Finding: The proposed accessory building will not have a negative impact to
neighboring properfies or the general area.
e. The proposed use's impact upon property values of the area in which it is
proposed.
Finding. Although no specific study has been completed, the proposed
accessory building is not anticipated to impact property values in the area.
f. Traffic generation by the proposed use in relation to the capabilities of
streets serving the property.
Finding: The proposed conditional use will not generate any additional
traffic.
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.
Finding: The proposed condibonal use will not have a negative impact to the
City's service capacity.
2
OCT -22-1998 09:24 NAC 612 595 9837 P.06i14
6. The planning reports dated September 28, 1998 and October 14, 1998 prepared
by Northwest Associated Consultants, Inc. is incorporated herein.
7. The Otsego Planning Commission conducted a public hearing, at their regular
meeting on October 7, 1998 that was continued to October 21, 1998, to consider
the proposed conditional use permit, preceded by published and mailed notice.
Upon review of the application and evidence received, the Otsego Planning
Commission closed the public hearing. The Planning Commission made no
recommendation as a motion to recommend approval failed by 3-3 vote.
DECISION
Based on the foregoing considerations and applicable ordinances, the applicants' request
for an conditional use permit to allow contruction of a detached accessory building greater
than 2,000 square feet and total accessory building area greater than 2,000 square feet
on a single family lot is approved subject to the following conditions:
1. The building is constructed in substantial conformance with the following plans on
file with the City of Otsego, except as may be modified by the City Council:
Site Plan (Exhibit A)
Building Elevation (Exhibit B)
2. The color of the proposed building shall be consistent with that of the principal
structure.
3. No commercial or home occupation activities, except as expressly permitted by and
in accordance with the Zoning Ordinance, are conducted on the property, including
storage of materials and equipment that are unrelated to the on-site residential use
and activity.
4. All grading, drainage and utility easement issues shall be subject to review and
approval of the City Engineer.
5. Comments of other City Staff.
ADOPTED by the Otsego City Council this 26th day of 1998.
3
OCT -22-1998 09:24 NAC 612 595 9837 P.07i14..
CITY OF OTSEGO
By_
ATTEST:
Larry Fournier, Mayor
By:
Elaine Beatty, City Clerk/Zoning Administrator
4
OCT -22-1998 09:25 NAC 612 595 9837 P.08i14
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
IN RE:
Conditional Use Permit
denial
FINDINGS OF FACT
AND DECISION:
Application of Mark and Terese Ahmann to allow contraction of a detached accessory
building greater than 1,500 square feet and total accessory building area greater than
2,000 square feet on property located at 9426 Large Court NE. The Otsego City Council
met at its regularly scheduled meeting on October 26, 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
The applicants are requesting approval of a conditional use permit to allow:
a. Construction of a detached accessory building greater than 1,500 square
feet.
b. Total accessory building area greater than 2,000 square feet on a single
family property.
2. The legal description of the subject property is as Lot 5, Block 1 Rolling Ridge
Creek.
3. The subject property lies within the Rural Service Area as identified in the 1991
Comprehensive Plan, as amended.
4. The subject property is zoned, A-1 Agriculture Rural Service District.
5. Section 20-4-2.F of the Zoning Ordinance directs the Planning Commission and
City Council to consider seven possible adverse effects of the proposed conditional
use The seven effects and findings regarding them are:
a. The proposed action's consistency with the specific policies and provisions
of the official City Comprehensive Plan.
OCT -22-1998 09:25 NAC 612 595 9837 P.09i14.
Finding: Although the area is zoned Agriculture - Rural Service Area, the size
of the lots has created a more urban character within the subdivision. The
Comprehensive Plan also states that accessory buildings within urban areas
shall be of a compatible design and size to maintain a residential
neighborhood character. The proposed accessory structure is not
compatible in design and size within this residential area.
b. The proposed use's compatibility with present and future land uses of the
area:
Finding: The proposed accessory buikfing will not be compatible with present
and planned residential uses of the area
c. The proposed use's conformity with all performance standards contained in
the Zoning Ordinance (i.e., parking, loading, noise, etc.).
Finding: The proposed use will be constructed within all applicable
performance standards as a condition of approval.
d. The proposed use's effect upon the area in which it is proposed.
Finding_ The proposed accessory building will have a negative impact to
neighboring properties or the general area due to the size of the structure_
e. The proposed use's impact upon property values of the area in which it is
proposed.
Finding: Although no specific study has been completed, the proposed
accessory building may impact property values in the area.
f. Traffic generation by the proposed use in relation to the capabilities of
streets serving the property.
Finding: The proposed conditional use will not generate any additional
traffic.
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.
Finding: The proposed conditional use will not have a negative impact to the
City's service capacity.
9
OCT -22-1998 09:26 NAC 612 595 9837 P.10i14
6. The planning reports dated September 28, 1998 and October 14, 1998 prepared
by Northwest Associated Consultants, Inc. is incorporated herein.
7. The Otsego Planning Commission conducted a public hearing, at their regular
meeting on October 7, 1998 that was continued to October 21, 1998, to consider
the proposed conditional use permit, preceded by published and mailed notice.
Upon review of the application and evidence received, the Otsego Planning
Commission closed the public hearing. The Planning Commission made no
recommendation as a motion to recommend approval failed by 3-3 vote.
DECISION
Based on the foregoing considerations and applicable ordinances, the applicants' request
for an conditional use permit to allow contruction of a detached accessory building greater
than 1,500 square feet and total accessory building area greater than 2,000 square feet
on a single family lot is hereby denied.
ATTEST:
By:
CITY OF OTSEGO
Larry Fournier, Mayor
Elaine Beatty, City Clark/Zoning Administrator
3
Ul. I -GC-1770 IIU 1U ( W 1 LL 1 MI'IJ JUUIVL "�
Attn; Elane Baetty 10-22-98
Re; Keith Knutson C.P.U.
I will not negotiate removal of 12/15 permanent building.,
if I do not have a Farming operation as stated in my overview
within 1.5 years of pole barn permitt issuance, i am willing
to remove the two 10/10 sheds.
Once the property is used as such I would expect to be classified
the same as the area that I am located in. A-1 agricultural.
Thank you for attention to this matter.
TOTAL P.01
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE:
DEPARTMENT: PREPARED BY: MEETING DATE
6. Can 7 J cnt, Ass_stant C- ty P-- anne r E=a-ne Beatty, C_ty C l ert
Counc_I of:
J/26/98-6:33PY
_ITEM NUMBER:
6.3. Consider CUP for applicant/owner James Boles 8888 O'Dell Ave. NE
PID #118-018-002100, Lot 10, B1. 2, Halls Addition, R-3 Zoned in
Sec. 21, Twp. 121, R23. Request is as follows:
1. A Conditional Use Permi- to allow the following:
A. More than one detached accessory building on a
single family lot.
6.4. Any other Planning Business
BACKGROUND:
6.3. This item came before the P.C. for Hearing on October 21, 1998 at 8PM. Mr.
Licht gave planning report of Oct. 2, 1998. Recommendation was to approve the CUP
and applicant also needs an Administrative permit for this accessory building.
Hearing was opened to the Public:
Brian Zylka, 9402 large Court - They want to build so stuff is not outside.
You want to taste that away.
Richard _inehan, 7740- River Rd.- icy lo: is hidden. I wan= ano-her accessory
building. I want stuff inside.
Keith Knutson, 6630 Odean - adhere did directive come from for limi-ed amount
of buildings? Why adopted? Does it have to do
w/acpearance of proper -y? His oroper=y is long
a long way to walk to get a rake. Felt vinyl siding
is garbage. Too many restrictions.
Back to P.C.
Some discussion of 'building size - under 2,00C sa ft, but more than one detached
Bach -o public - no one building.
Hearing Closed Finding of Facts are attached.
GENE GOENNER MOTIONED TO APPROVE THE CUP FOR MORE THAN ONE DETACHED ACCESSORY
BUILDING ON A SINGLE FAMILY LOT. SUBJECT TO 5 CONDS. OF NAC'S REPORT. ARLEEN NAGEL
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
RECOMMENDATION:
Approve the P.C. recommendation as noted in the motion above.
Thanks,
�na e
NORTHWEST ASSOCIATED CONSULTANTS
NINC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
Iq
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO.:
Otsego Mayor and City Council
Otsego Planning Commission
Daniel Licht
2 October 1998
Otsego - Boles Accessory Building CUP
176.02 - 98.17
EXECUTIVE SUMMARY
Background
Mr. James Boles is proposing to construct a 768 square foot (32 x 24) addition to an
existing 576 square foot (24 x 24) detached accessory structure on his property located
at 8888 O'Dell Avenue NE, which is at the northeast comer of O'Dell Avenue and 88th
Street. There is one other detached accessory building on the property that is 352 square
feet (22 x 16) in size.
The subject property is a one acre lot that is zoned R-3, Residential - Immediate Urban
Service District. The two exiting structures on the subject property would be considered
a granfathered conditional use. Section 20-1-6 of the Zoning Ordinance requires
consideration of a conditional use permit to allow the proposed building expansion
because it is a change to the existing use.
Attached for Reference:
Exhibit A: Site Location
Exhibit B: Site Plan
Exhibit C: Building Elevations
Exhibit D: Site Photographs provided by applicant
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 5541 6
PHONE 6 1 2-595-9636 FAX 61 2-595.9837 E-MAIL NAC@ WINTERNET.COM
Recommendation
The proposed addition to the existing detached accessory structure generally conforms
to established City policies and Ordinances. If the Planning Commission and City Council
make a finding that the expansion of one of the two existing accessory buildings on the
property is appropriate and the criteria for granting a CUP are satisfied, our office
recommends approval of the following:
Motion to approve a conditional use permit to allow more than one accessory
structure on a single family lot, subject to the following conditions:
1. The building is constructed in substantial conformance with the following
plans on file with the City of Otsego, except as modified herein:
Site Plan (see Exhibit B)
Building Elevations (see Exhibit C)
2. The applicant apply for an administrative permit as outlined in Section 20-
16-4.B.6.b, subject to review and approval of the Zoning Administrator.
3. No commercial or home occupation activities, except as expressly permitted
by and in accordance with [the Zoning Ordinance], are conducted on the
property. This restriction shall include the storage of materials and
equipment which are unrelated to the on-site residential use and activity.
4. All grading, drainage and utility easement issues shall be subject to review
and approval of the City Engineer.
5. Comments of other City staff.
ISSUES ANALYSIS
Use. The applicant is proposing expand an existing 576 square foot detached accessory
building by 768 square feet for storage of vehicles and recreational equipment. The 1,344
square foot structure will also require approval of an administrative permit by the Zoning
Administrator per Section 20-16-4.B.6.b of the Zoning Ordinance. There is one other
existing 352 square foot detached accessory structure on the property. With the proposed
addition, therefore, the total accessory area on the subject property would be 1,696 square
feet.
2
CUP Criteria. Section 20-14-4.1 of the Zoning Ordinance specifies criteria that must be
considered relative to a request for an accessory building conditional use permit:
There is a demonstrated need and potential for continued use of the structure and
purpose stated.
Comment: The proposed expanded structure is intended to be used for storage
accessory to the residential use of the property, which may be considered a
demonstrated need and will have the potential for continued use.
2. In the case of residential uses, no commercial or home occupation activities, except
as expressly permitted by and in accordance with [the Zoning Ordinance], are
conducted on the property. This restriction shall include the storage of materials
and equipment which are unrelated to the on-site residential use and activity.
Comment: This criteria would be made a condition of any approval.
3. The building has an evident re -use or function related to the principal use.
Comment. The expanded building has an evident re -use as storage for the
residential use.
4. Accessory building shall be maintained in a manner that is compatible with the
adjacent uses and does not present a hazard to public health, safety and general
welfare.
Comment: The proposed building expansion will be built in compliance with all
applicable standards and will not represent a public health/safety hazard.
5. The provisions of Section 20-4-2.f of [the Zoning Ordinance] shall be considered
and a determination made that the proposed activity is in compliance with such
criteria (listed below).
A. The proposed action's consistency with the specific policies and provisions
of the official City Comprehensive Plan.
Comment: The subject property is within the Long Range Urban Service
Area (LRUSA), where continued one acre residential lots are planned until
such time as sanitary sewer service may be extended to the area.
Consistency with the Comprehensive Plan must be based on the finding of
the Planning Commission and City Council that the expansion of one of the
existing two structures is still a compatible design and size to maintain a
residential character. (Policy Plan, page 47)
B. The proposed use's compatibility with present and future land uses of the
area.
Comment: The expansion of one of the two existing buildings is anticipated
to be within the character of accessory buildings common in LRUSA and will
be compatible with present and future land uses.
C. The proposed use's conformity with all performance standards contained in
the Zoning Ordinance (i.e., parking, loading, noise, etc.).
Comment: The proposed use will be constructed within all applicable
performance standards.
D. The proposed use's effect upon the area in which it is proposed.
Comment: The proposed conditional use is not anticipated to have a
negative impact to the area as applicable performance standards are to be
satisfied.
E. The proposed use's impact upon property values of the area in which it is
proposed.
Comment.' Although no study has been completed, the proposed use is not
anticipated to negatively impact area property values.
F. Traffic generation by the proposed use in relation to the capabilities of
streets serving the property.
Comment. The proposed conditional use is not anticipated to generate any
additional traffic.
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.
Comment: The proposed conditional use is not anticipated to have a
negative impact to the City's service capacity.
Materials. Section 20-16-4.G of the Zoning Ordinance requires suitable exterior materials
be used in accessory buildings over 150 square feet as in the principal structure. The
proposed building addition is to be stick built, with masonite lap siding and an asphalt
shingle roof. The construction type, materials and color are consistent with those of the
existing structure, as well as the principal structure.
4
Setbacks. Accessory structures to single family uses are subject to principal building
front setback requirements of 35 feet and a 10 foot side/rear setback requirement. The
existing building with addition is setback 89 feet from the front lot line, 75 feet from the rear
lot line and 29 feet from the closest side lot line. Thus, all applicable setback requirements
are satisfied.
Height. The height of accessory buildings within the R-3 District are limited to 16 feet.
According to the elevations provided by the applicant, the proposed addition will have a
defined height of 15 feet.
Grading, Drainage and Utilities. All grading, drainage and utility easement issues should
be subject to review and approval of the City Engineer.
CONCLUSION
The proposed accessory building may be considered appropriate if City Officials find that
this size and type of structure is consistent with a single family residential use that is in the
Long Range Urban Service Area by maintaining a residential character of the property.
Our office's specific recommendation is outlined in the executive summary of this report.
PC. Elaine Beatty
Andy MacArthur
Larry Koshak
James Boles
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EXHIBIT A-2
OCT -22-1998 09:39 NAC �1G �» ' ..,-.. -
Finding: The expansion of one of the two existing buildings will be within the
character of accessory buildings common in LRUSA and will be compatible
with present and future land uses.
C. The proposed use's conformity with all performance standards contained in
the Zoning Ordinance (i.e., parking, loading, noise, etc.).
Finding: The proposed use will be constructed within all applicable
Performance standards.
D. The proposed use's effect upon the area in which it is proposed.
Finding: The proposed conditional use will not have a negative impact to the
area as applicable performance standards are to be satisfied.
E. The proposed use's impact upon property values of the area in which it is
proposed.
Finding: Although no study has been completed, the proposed use is not
anticipated to negatively impact area property values.
F. Traffic generation by the proposed use in relation to the capabilities of
streets serving the property.
Finding: The proposed conditional use is not anticipated to generate any
additional traffic.
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.
Finding: The proposed conditional use is not anticipated to have a negative
impact to the City's service capacity.
5. The planning report dated October 2, 1998 prepared by Northwest Associated
Consultants, inc. is incorporated herein.
6. The Otsego Planning Commission conducted a public hearing, at their regular
meeting on October 21, 1998, to consider the proposed conditional use permit,
preceded by published and mailed notice. Upon review of the application and
evidence received, the Otsego Planning Commission closed the public hearing and
recommended by a 6-0 vote that the City Council approve the conditional use
permit based on the aforementioned findings.
1►
OCT -22-1998 09=39 NAC 612 595 9837 P.03i05
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
IN RE:
Conditional Use Permit
Approval
FINDINGS OF FACT
AND DECISION:
Application of James Boles to allow more than one detached accessory structure on a
single family property located at 8888 O'Dell Avenue NE. The Otsego City Council met
at Its regularly scheduled meeting on October 26, 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 approval of a conditional use permit to allow more
than one detached accessory structure on a single family property.
2. The legal description of the subject property is Lot 10, Block 2 Halls Addition,
Section 21, Township 121, Range 23, City of Otsego, Wright County, Minnesota.
3. The subject property is zoned R-3, Residential - Immediate Urban Service Area.
4. Section 20-4-2.F of the Zoning Ordinance directs the Planning Commission and
City Council to consider seven possible adverse effects of the proposed conditional
use The seven effects and findings regarding them are:
A. The proposed action's consistency with the specific policies and provisions
of the official City Comprehensive Plan.
Comment: The subject property is within the Long Range Urban Service
Area (LRUSA), where continued one acre residential lots are planned until
such time as sanitary sewer service may be extended to the area. The
expansion of one of the existing two structures is a compatible design and
size to maintain a residential character. (Policy Plan, page 47)
B. The proposed use's compatibility with present and future land uses of the
area.
OCT-22-1998 09=38
Nw',A
INC
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MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO.:
NAC
612 595 9837 P.02i05
NORTHWEST ASSOCIATED CONSULTANTS
COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
Otsego Mayor and City Council
Daniel Licht
22 October 1998
Otsego - Boles Accessory Building CUP: Planning Commission action
176.02 - 98.17
The Planning Commission, at their meeting on October 22, 1998, considered the above
referenced application. The Planning Commission voted 6-0 to recommend approval of
the application to the City Council. A findings of fact has been prepared reflecting the
recommendation of the Planning Commission for consideration by the City Council at their
meeting on October 26, 1998.
PC. Mike Robertson
Elaine Beatty
Andy MacArthur
Larry Koshak
James Boles
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 5541 6
PHONE 61 2-59S-9636 FAX 612-595-9837 E-MAIL NACO WINTERNET.COM
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OCT -22-1998 09:40 NAC 612 595 9837 P.05i05
DECISION
Based on the foregoing considerations and applicable ordinances, the applicants' request
for an conditional use permit to allow more than one detached accessory structure on a
single family property is approved subject to the following conditions:
The building is constructed in substantial conformance with the following plans on
file with the City of Otsego, except as modified herein:
Site Plan (see Exhibit B)
Building Elevations (see Exhibit C)
2. The applicant apply for an administrative permit as outlined in Section 20-16-
4.B.6.b, subject to review and approval of the Zoning Administrator.
3. No commercial or home occupation activities, except as expressly permitted by and
in accordance with [the Zoning Ordinance], are conducted on the property. This
restriction shall include the storage of materials and equipment which are unrelated
to the on-site residential use and activity.
4. All grading, drainage and utility easement issues shall be subject to review and
approval of the City Engineer.
5. Comments of other City staff.
ADOPTED by the Otsego City Council this 26th day of October 1998.
ATTEST:
By:
CITY OF OTSEGO
By:
Larry Fournier, Mayor
Elaine Beatty, City Clerk/Zoning Administrator
3
TOTAL P.05
CITY ENGINEER'S AGENDA ITEMS
COUNCIL MEETING
10/26/98
ITEM 7.1 WELL #2 CONSTRUCTION
a) Change Order #1
Minnesota Health Department (MHD) in the approval letter sent to
the City on the construction of Well #2, stated that MHD would
allow the City to single case the well. Therefore, this change order
revises the specification and drawings to allow the contractor, Traut
Wells, to install a single 18" casing. However, a 24 Y2 inch diameter
nominal open hole will be drilled to the bottom of the Ironton -
Galesville formation. This will provide us with a larger capacity in
the well. The previous augered hole would have been nominal 23 -
inch diameter.
This change will be a reduction in cost by $3,600.00.
We recommend approval of the attached Change Order #1.
b) Authorize the Mayor and Administrator to sign the contracts for Well
#2 construction with Mark J. Traut Wells, Inc. for $53,290.00.
ITEM 7.2 ODEAN AVENUE PROJECT (CSAR 39 — CSAH 37)
a) One set of plans is available for the Council to look at in the City
offices. These plans are not signed by the engineer, nor approved
by Mn/DOT yet. If you should find something while reviewing them
that you have comments or questions on, please note it for us.
These completed plans will be presented at the Public Hearing for
comments and concerns by the residents. The final construction
set will not be totally complete until after the design report is
approved by Mn/DOT.
b) Also find accompanying this packet a review copy of the Feasibility
Report. This report was originally provided to the City in February
1998 before the design started. Since that time, the cost structure
has changed because of the design.
Please review the assessment portion of the report. We discuss
both the front footage method and the unit method.
Any discussion on the report or plan can be withheld at this time
until a workshop session can be set up.
The Council should, at some future Council meeting prior to the
public hearing, adopt the Feasibility Study (however modified) by
resolution.
C:\Share\WPmuniAAOTSEGO\901\ot901agenda 10-98.doc PAGE 1 OF 3
ITEM 7.3 UPDATE ON THE WATER TOWER
a) Acquisition of the Site
The City Attorney has asked us to hold the signed contracts before
returning one to the contractor, Maguire Iron. The acquisition is in
the process of condemnation.
The City is currently attempting to negotiate a settlement with the
landowners.
Our contract with the Tower contractor states that they can get on
site by 11/11/98.
b) We have retained a sub -consultant to our services to inspect the
structural steel construction and the painting. The sub -consultant is
AEC, 400 1St Avenue N., Suite 400, Minneapolis, Minnesota. This
work is special in that it requires a certified welding inspector and
inspectors who can be comfortable at a height of 150 feet above
ground.
No action is necessary on the above. This is for your information
only.
ITEM 7.4 CULVERT REPLACEMENT (MASON & 83RD ST. AREA) ON
OTSEGO CREEK
The following is a rough cost estimate:
a) 83rd Street Pipe
Reinforced Concrete Pipe Material per quote
from Elk River Concrete Products
Removal of Old Pipe and Installation
of New Pipe
Rip -rap and Fabric
Soils Material Replacement
Pipe Bedding & Class V
Pavement Replacement
Seeding & Topsoil
Engineering Service —
Staking and Inspection
Estimated cost of Replacement:
Use:
C:\Share\WPmuniWOTSEGO\901 \ot901 agendal 0-98.doc
$14,596.22
$10,000.00
$2,500.00
$750.00
$1,500.00
$500.00
$3,000.00
$32,846.22
$33,000.00
PAGE 2OF3
ITEM 7.5
b) Mason Avenue at Otsego Creek
Reinforced Concrete Pipe Material per quote
from Elk River Concrete Products
$12,850.00
Removal of Old Pipe and Installation of
New Pipe
$9,000.00
Rip -rap and Fabric
$2,500.00
Soil Material Replacement for
Pipe Bedding and Class V
$750.00
Pavement Replacement
$1,500.00
Seeding & Topsoil
$300.00
Engineering Services —
Construction Staking and Inspection
$3,000.00
Estimated Cost of Replacement:
$29,900.00
Use:
$30,000.00
These costs are estimates, not quotes except for the Pipe Material from
Elk River Concrete. However, based on the cost of installation on the pipe
installation last year, these are similar costs.
ANY OTHER ENGINEERING BUSINESS
C:\Share\WPmuni\AOTSEGO\901\ot901agenda 10-98.doc PAGE 3 OF 3
vruer ivv. i
Hakanson 7.1 (a) Date: October 14, 1998
Anderson Page 1 of 2
1 Assoc., Inc.
CONTRACT CHANGE ORDER
Project: Construction of Municipal Well #2
Owner: City of Otsego
To: Mark J. Traut Wells, Inc., 141 — 28" Avenue S., Waite Park, MN 56387
(Contractor)
You are hereby requested to comply with the following changes from the contract plans and specifications:
Description of Changes DECREASE
in Contract Price
1) Well disinfection is in accordance with Mn Rules, Part 4725.5550,
not part 4725.3050 as specified. $0.00
2) Contractor shall notify MDH staff member 24 hours prior to starting
the well construction for inspection of the work. $0.00
3) This change relates to the recommendation of the MDH in item 7 of
the MDH letter dated 10/2/98 to the City of Otsego:
The Contractor is to construct the well using a single 18 -inch case in lieu of a double cased
well as specified. The contractor shall drill a 24 t/2" nominal open hole (3.25 inch) beyond the
outside diameter of the 18" case pipe to the bottom of the Ironton -Galesville formation,
approximately 175 feet. The casing shall be placed in the hole and held until gravel being
poured in the hole supports the pipe at the top of the Ironton -Galesville formation. Refer to
attached Revised Exhibit C.
The annular space between the casings and earth wall shall be grouted as specified. The
casing shall then be filled with drilling fluid to prevent the grout from entering the casing pipe.
After the grout has cured, the fluid and gravel in the water bearing formation shall be removed.
Development of the well case may then begin. From the Bid Schedule, make the following
changes:
a) Delete Item 2 Drill/Drive 24" Casing -$13,800.00
b) Change Item 3 to read: "Drill nominal 24 t/2" Open Hole"
Add 120 LF at 585/LF $10,200.00
Net Change in Contract Price -$3,600.00
Justification: Following the recommendation of the Minnesota Department of Health letter dated
10/2/98 on Plan #990733.
Due to the change order, the contract period will be: NOT CHANGED
Original contract Amount $ 53,290.00
Previous contract changes, Change Order # 0 to # 0 $ 0.00
Prior approved contract amount $ 0.00
Change in contract due to this change order $ -3,600.00
Total contract including this and previous change orders $ 49,690.00
C:\Share\W Pmuni\AOTSEGO\506\ot506co 1 .doc
Change Order No. 1
October 14, 1998
Page 2
\ nal contract period: 120 calendar days with completion by March 1, 1999
Changed contract period from previous Change Order none
Contract period including this and all previous change orders: 120 calendar days with completion
March 1, 1999
This document will become pplement to the contract and all provisions will apply hereto.
Recommended:�� �v
akanson Anderso Associates, Inc. Da e
(Consulting City Engineer)
Accepted: JQ- /6- 7
ar raut Wells,Inc. ate
Approved by:
Mike Robertson, Otsego City Administrator Date
This information will be used as a record of any changes to the original construction contract.
C:\Share\WPmuni\AOTSEGO\506\ot5O6col.doc
WELL #2 S
UBSURFACE GEOLOGY
AND PROPOSED WELL CONSTRUCTION
ELEV. DEPTH
(MSL) (FEET) TEST WELL LOQ -1-1
881 0
SAND & GRAVEL I GLACIAL
CLAY DRIFT
810 171
CUT OFF ELEVATION -\
TO BE DETERMINED
BY ENGINEER IN FIELD
in
709 1172
SHALES EAU CLAIRE
(GREY/GREEN) FORMATION
641 1 240 1 END OF TEST WELL BORING
CHANGE ORDER #1
OCT 98
DATE APR 1998
p
EXISTING
GROUND
GROUT
ANNULAR
SPACE
18" CASING
GROUTED IN
PLACE
L GRAVEL (SHOWN)
TO BE REMOVED
AS STATED BELOW.
24" NOMINAL DIA OPEN HOLE.
FILL WITH GRAVEL PRIOR
TO GROUTING 18" CASING
IN PLACE. BAIL GRAVEL
FROM HOLE WHEN GROUT
HAS SET.
EXHIBIT C
'� nson
Zn arson
Assoc.,Inc.
OT506
\0T505EX\0T506EX1.0WG
SHALE &
SANDSTONE
FRANCONIA
(GREEN)
FORMATION
778
103
SANDSTONE
IRONTON /
(WHITE)
GALESVILLE
FORMATION
709 1172
SHALES EAU CLAIRE
(GREY/GREEN) FORMATION
641 1 240 1 END OF TEST WELL BORING
CHANGE ORDER #1
OCT 98
DATE APR 1998
p
EXISTING
GROUND
GROUT
ANNULAR
SPACE
18" CASING
GROUTED IN
PLACE
L GRAVEL (SHOWN)
TO BE REMOVED
AS STATED BELOW.
24" NOMINAL DIA OPEN HOLE.
FILL WITH GRAVEL PRIOR
TO GROUTING 18" CASING
IN PLACE. BAIL GRAVEL
FROM HOLE WHEN GROUT
HAS SET.
EXHIBIT C
'� nson
Zn arson
Assoc.,Inc.
OT506
\0T505EX\0T506EX1.0WG
7.2 (b)
FEASIBILITY REPORT
FOR
PROPOSED BITUMINOUS STREET
RECONSTRUCTION OF
ODEAN AVENUE
OTSEGO, MINNESOTA
October 1998
Prepared by:
HAKANSON ANDERSON ASSOCIATES, INC.
3601 Thurston Avenue
Anoka, MN 55303
Telephone: 612/427-5860
I hereby certify that this plan, specification or report was prepared by me or under my direct
supervision and that I am a duly Registered Professional Engineer under State of
Minnesota Statutes Sections 326.02 to 326.16.
Lawrence G. Koshak, P.E.
Ronald J. Wagner, PE
Reg. No.
Reg. No.
Date
Date
CONTENTS
INTRODUCTION
II. OBJECTIVE
III. PROJECT LOCATION
IV. ROADWAY IMPROVEMENT PROJECT
A. EXISTING CONDITIONS
B. PROPOSED STREET IMPROVEMENTS
C. STORM SEWER IMPROVEMENT
D. JUSTIFICATION OF BIKE/PEDESTRIAN PATH
E. ESTIMATED COSTS
F. ASSESSMENT
1. ASSESSMENT BY FRONT FOOTAGE
2. ASSESSMENT BY LOT UNIT
3. ISTEA GRANT
V. PROJECT FUNDING
VI. PROJECT SCHEDULE
VII. CONCLUSIONS AND RECOMMENDATIONS
ATTACHMENTS
APPENDIX A
EXHIBIT A PROJECT LOCATION MAP
EXHIBIT B TYPICAL SECTION OF ODEAN AVENUE
EXHIBIT C 85TH STREET & ODEAN AVENUE INTERSECTION LAYOUT
EXHIBIT D EXAMPLE CROSS-SECTION OF ODEAN AVENUE
EXHIBIT E EXAMPLE CROSS-SECTION OF ODEAN AVENUE - DITCH
SECTION
INTRODUCTION
When Otsego Township became the City of Otsego in late 1989 and was eligible
for Municipal State Aid (MSA) funding, Odean Avenue was taken over as a City
Street. Wright County Highway Department changed the designation on CR 122
to CSAH 37 from Odean Avenue east through TH 101 to CSAH 42 and upgraded
the road. Odean Avenue from CSAH 37 to CSAH 39 was put on the Municipal
State Aid road system. The traffic counts on Odean Avenue for 1992 and 1996
show the highest volume of any City street. The condition of Odean Avenue
changed rapidly in the last 8 years to a point where it needs a major reconstruction.
A maintenance project for crack sealing and pavement patching was done in 1997
as an interim repair.
In 1994, the Intermodal Surface Transportation Enhancement Act (ISTEA) was
enacted by Congress. The functional classification was upgraded on Odean
Avenue from Minor Collector to Major Collector. In doing so, the reconstruction of
Odean Avenue was eligible for ISTEA funds. The City applied for funds for every
year since then. In 1996 the project first appeared on the list of considered projects
for 1999 funding years, but failed to make the final list. In 1997 the project made
the final list for the year 2000 program in Mn/DOT District 3.
In mid-1997, Mn/DOT indicated that it was projected that the Federal government
would be increasing the shares of funds available to Minnesota. The potential of
the increase was that projects ready for construction in 1999 could receive early
funding. As a practical matter this did not happen for the Odean Avenue Project.
Due to the large amount of funds needed ($1.5 million), the district did not receive
enough additional for early funding of this project.
However, the District engineer has stated that if the project is approved early, the
City could use all of the MSA construction funds available and any advance funds
allowed by the State Aid.
The City however, directed Hakanson Anderson Associates, Inc. to begin the design
phase in preparation for the early construction. The Federal portion of the funding
is 80% and the local funding is 20% for construction costs. Since Odean Avenue
is an MSA Street, the MSA eligible components of the local 20% can come from the
MSA construction fund. Until a final cost is prepared, and the cost participation
approved, it will not be known for sure if every cost in the reconstruction will be
eligible for funding either Federal or MSA. The City is scheduled to receive a $1.2
million grant for the reconstruction of Odean Avenue from ISTEA funding.
The process to finalize funding requires completion of plans and specifications,
preparation of a project plan report, hold a public hearing, prepare a design report
and acquisition of all necessary easements and right of way, and project
authorization by Mn/DOT after which final funding approval is made. The
preliminary application that has occurred and the estimated costs used for initial
funding application were made based on very preliminary estimates without detail
C:\Share\WPmuni\AOTSEGO\334\OT334FEAS.doc 1
of construction. Those details have been refined for this design report. The cost
data has been evaluated based on those details.
II. OBJECTIVE
The purpose of this report is to identify in detail the nature and extent of the
improvements and to develop a total cost estimate based on proposed construction.
Within this report we have identified permanent and temporary right of way or
easements and temporary easement requirements for construction. This report
recognizes the City policy for assessing the "equivalent residential street cost" for
improvements to major collector streets, and identifies the recommended
assessment against abutting and benefited properties. This report is intended to
be used as a design outline for plan and specification completion and as input to
informational meetings and the necessary public hearings leading to potential
assessment of some portion project costs.
III. PROJECT LOCATION
The project consists of improving Odean Avenue from north of CSAH #37 to CSAH
#39. The roadway is located within sections 16, 21, and 28 of Township 121N,
Range 23W. The south project terminus is a connection to a previous project,
which improved the intersection of CSAR #37 and Odean Avenue. The north
terminus is northerly of the intersection with CSAH 39. The project length is about
23 miles.
IV. ROADWAY IMPROVEMENT PROJECT
A. EXISTING CONDITIONS
Odean Avenue is currently a 24 -foot wide paved rural design street with ditch
sections and cross culverts to provide drainage.
The project is evaluated and reviewed as two segments, separated by 85th
Street. The south segment located between CSAH #37 and 85th Street is at
a higher elevation and the soils generally tend to be clayey with silts and some
sand. The north segment located between 85th Street and CSAH #39 is at a
lower elevation. The soils are generally more sandy with silt or clay
components. Both segments of roadway have exhibited signs of pavement
distress in recent years. In 1997 the most severe cracks were milled out and
pavement patch material placed in the areas milled out.
Based on the distress that is evident in the pavement, we anticipate the
subgrade soils may require special correction for roadway construction. Test
borings are being performed to determine the exact subsoil characteristics.
The geotechnical report has been ordered and data from that report will be
used in final pavement design.
C:\Share\WPmuni\AOTSEGO\334\OT334FEAS.doc 2
The National Wetland Inventory (NWI) maps indicate that several of the low
areas within or adjacent to the right-of-way are protected under the Wetland
Conservation Act of 1991 (WCA) Wetland. These areas will require special
attention during the project design phase. The wetland areas must be
delineated and work must be performed within the guidelines of the WCA.
The existing Right of Way varies but is usually 66 feet to 70 feet in width. At
some locations, primarily at either end, there is additional existing ROW. There
are no known drainage and utility easements located adjacent to the ROW
except in limited locations on newer plats. The current roadway profile has one
sharp vertical crest curve. Sight distances appear to be compromised at some
of the roadway intersections along the project length due to horizontal
obstructions, primarily tree growth.
The current average daily traffic along the roadway is about 2500 ADT. This
traffic count is expected to increase in the near future due to proposed
development work in the area. An executive style golf course is planned for the
Northwest Quarter of the Southeast Quarter of Section 20. Residential lots are
being sold in a newly completed development in the Northwest Quarter of the
Southwest Quarter of Section 21. Both developments, when completed, and
other anticipated growth in Otsego will cause an increase in traffic counts from
85th Avenue on to Odean Avenue.
B. PROPOSED STREET IMPROVEMENTS
The project involves reconstructing the roadway to Municipal State Aid (MSA)
standards within Federal ISTEA guidelines. The design is required to be in
metric units. Odean Avenue is proposed to be a 13.2 m (43.3') wide urban
design section with concrete curb and gutter. A 3.0 m (10') wide bike
path/walkway is proposed for the west side of the roadway. The bike
path/walkway is proposed for the west side due to large powerpoles located on
the east side. Placing a bike path on the west side of the roadway will move
the centerline of the roadway 2.2 m (7.2') to the east of the centerline of the
Right of Way.
A typical design section will consist of a minimum 90 mm (3-1/2") bituminous
surface over a minimum of 150 mm (6") of Class 5 aggregate base course. A
600 mm (24") layer of select granular soils will be placed below the aggregate
base to provide structural support where subgrade soils are determined to be
marginal for roadway construction.
Exhibit B depicts the proposed urban design section with a bikeway/walkway.
C:\Share\WPmuni\AOTSEGO\334\OT334FEAS.doc 3
Right of Way acquisition will be necessary to expand the ROW 80 feet. At the
intersection of 85th Street, 100' of ROW will be required to allow for turning
lanes. A sketch of the proposed intersection is included as Exhibit C. Slope
easements and temporary construction easements will be required to allow for
roadway construction. The extent of the ROW and easements required will be
determined during the preliminary design phase of the project. ROW
acquisition will occur after the final design is completed.
C. STORM SEWER IMPROVEMENT PROJECT
The proposed street improvements are in both the Lefebvre and the Hall's Pond
Watershed district. The long range watershed improvements must be
considered for the design of Odean Avenue's improvements.
A sub -regional pond in the Northwest Quarter of the Southwest Quarter of
Section 21 has been constructed. Hall's Pond itself is presently at or near full
capacity. Options to increase the capacity of Hall's Pond are discussed in
length in the Feasibility Report for the Reconstruction of 85th Street, 1997. The
report concluded the most cost-effective manner to do this is to create a
regional pond just prior to Hall's Pond in the Southwest Quarter of the
Northwest Quarter of Section 21. The construction of Odean will incorporate
the piping to accommodate the proposed regional drainage plan presented in
the 1997 report.
D. JUSTIFICATION OF BIKE/PEDESTRIAN PATH
A bike/pedestrian path along Odean Avenue conforms with existing City
planning. The current traffic makes it unsafe for pedestrians and bicycles to
travel in conjunction with cars on the present 24 foot wide surface with no
shoulders. Two approved City bike path plans include a bike/pedestrian trail
along Odean Avenue. The City of Otsego's Comprehensive Plan proposes
placing a bike path from CSAH #37 to 78th St. along Odean Avenue. The City
of Otsego's Parks & Recreation Plan proposes a bike/pedestrian trail along
Odean Avenue from CSAH #39 south past CSAH #37 to Odean Avenue Pond
south of 70th Avenue. The addition of this trail will connect residential areas to
a recreation area and to other bike/pedestrian trails (proposed and existing).
E. ESTIMATED COSTS
Cost estimates for the proposed improvements were determined by estimating
quantities and using prices received in previous bids for projects of a similar
nature. The amount of right-of-way and temporary construction easements
needed is included and the acquisition costs and research, filing fees, etc. were
included. Overhead or indirect costs of 20% do not include easement and
R.O.W. costs.
C:\Share\WPmuni\AOTSEGO\334\OT334FEAS.doc 4
A preliminary total estimated project cost is shown on Table 1. The estimate
will be converted to metric units for final plan submittal.
F. ASSESSMENT
The City of Otsego policy requires every property to pay an equitable share of
construction and reconstruction costs for the roadway to which the property has
direct access. On roadways with pavement width or structure that exceed the
design of a typical residential Otsego street, the property is responsible for the
equivalent of the cost to construct a typical street. The cost of a typical
residential street per foot is shown in Table 2.
Two options are available to the City by which costs can be assessed to
benefited properties.
Option 1 assesses each residential area front footage by the estimated cost to
construct one foot of a typical residential street. Areas zoned Al (Agricultural
Land) by policy are assessed at not more than 150 feet per 40 acre lot. The
cost per lot assessed has been determined and is shown on Table 3.
Option 2 assesses each residential lot on a unit basis. Each lot having direct
access to Odean Avenue is equivalently assessed. Areas zoned Al
(Agricultural Land) are assessed at 1 lot unit per 40 acre parcel. The cost per
lot unit has been estimated and is shown on Table 4.
The total assessment costs shown on Tables 3 and 4 are for a typical
residential street. The total assessment amount is less than the project cost.
The total of ISTEA grant, local funding through MSA, and property assessments
will cover the entire cost of the project.
V. PROJECT FUNDING
Project funding is 80% Federal grant and 20% local of all eligible construction
costs. All indirect non -eligible costs are 100% local funds.
Using our latest cost estimate included in Table 1, the following is a funding
breakdown:
C:\Share\WPmuni\AOTSEGO\334\OT334FEAS.doc 5
The local share of $732,240.00 can be paid for using State Aid Construction Funds.
The City has $993,913.00 as of September 1998 available for construction
purposes. Assessments are estimated at $161,161.13. Any costs not eligible for
ISTEA & MSA Funds will need to be provided by the City through assessments or
general funds.
VI. PROJECT SCHEDULING
The normal project schedule is based on ISTEA grant money availability in the
funding year 2000. Using ISTEA grant allocation for the year 2000, the plans would
need to be approved for bidding prior to July 1, 1999. The project could then be bid
and construction could start during the fall of 1999 for year 2000 completion.
An accelerated schedule proposes that the project could be bid in the spring of
1999 and constructed in the summer of 1999 if the City of Otsego assumed
responsibility for temporary funding. The City of Otsego would be reimbursed 80%
of the construction costs when ISTEA funds become available in October 1999.
The total funds available for construction projects through MSA after February 1999
is $1,217,623.00 and the City can borrow up to $500,000.00 in advance
encumbrances. Utilizing this, a total of $1,717,623.00 could be used toward Odean
Avenue. At the projected project cost of $2,019,720.00 this leaves a shortfall of
approximately $300,000.00. This portion could be borrowed from the City General
Fund or by bank note. The length of time the money should have to be borrowed
should be approximately 2 months (September 1999 and October 1999). After
October 1999, ISTEA grant money totaling $1.2 million would be available to
reimburse the City the $300,000 and other construction funds borrowed from the
MSA account. Of the $900,000 remaining, approximately $500,000 will reimburse
the advance encumbrance and $400,000 will be in the City unencumbered MSA
account.
VII. CONCLUSIONS AND RECOMMENDATIONS
Reconstruction of Odean Avenue is necessary due to the structural deterioration of
the existing pavement section. Potential development in the area will add traffic,
taxing the capacity of the existing roadway, which makes the improvement
desirable. The project is technically feasible and appears to be financially possible.
C:\Share\WPmuni\AOTSEGO\334\OT334FEAS.doc 6
FEDERAL
LOCAL
TOTAL
Estimated Construction Cost
$1,287,480
$321,870
$1,609,350
Estimated Indirect Costs for
Design Engineering, Attorney
$0
$321,870
$321,870
Fees, Testing, Construction
Engineering, Etc.
ROW & Permanent Easement
$0
$88,500
$88,500
Acquisition (Estimated)
ESTIMATED TOTALS:
$1,287,480
$732,240
$2,019,720
The local share of $732,240.00 can be paid for using State Aid Construction Funds.
The City has $993,913.00 as of September 1998 available for construction
purposes. Assessments are estimated at $161,161.13. Any costs not eligible for
ISTEA & MSA Funds will need to be provided by the City through assessments or
general funds.
VI. PROJECT SCHEDULING
The normal project schedule is based on ISTEA grant money availability in the
funding year 2000. Using ISTEA grant allocation for the year 2000, the plans would
need to be approved for bidding prior to July 1, 1999. The project could then be bid
and construction could start during the fall of 1999 for year 2000 completion.
An accelerated schedule proposes that the project could be bid in the spring of
1999 and constructed in the summer of 1999 if the City of Otsego assumed
responsibility for temporary funding. The City of Otsego would be reimbursed 80%
of the construction costs when ISTEA funds become available in October 1999.
The total funds available for construction projects through MSA after February 1999
is $1,217,623.00 and the City can borrow up to $500,000.00 in advance
encumbrances. Utilizing this, a total of $1,717,623.00 could be used toward Odean
Avenue. At the projected project cost of $2,019,720.00 this leaves a shortfall of
approximately $300,000.00. This portion could be borrowed from the City General
Fund or by bank note. The length of time the money should have to be borrowed
should be approximately 2 months (September 1999 and October 1999). After
October 1999, ISTEA grant money totaling $1.2 million would be available to
reimburse the City the $300,000 and other construction funds borrowed from the
MSA account. Of the $900,000 remaining, approximately $500,000 will reimburse
the advance encumbrance and $400,000 will be in the City unencumbered MSA
account.
VII. CONCLUSIONS AND RECOMMENDATIONS
Reconstruction of Odean Avenue is necessary due to the structural deterioration of
the existing pavement section. Potential development in the area will add traffic,
taxing the capacity of the existing roadway, which makes the improvement
desirable. The project is technically feasible and appears to be financially possible.
C:\Share\WPmuni\AOTSEGO\334\OT334FEAS.doc 6
Table 1
City of Otsego
Odean Avenue Improvement Project
Cost Estimate
October 1998
Total Est. Construction Cost
Overhead @ 20%
Subtotal
ROW Acquisition I Acre
Drainage or Slope Easement I Acre
Total Estimated Project Cost
Share/ex ce I/o is eg o/O T334 F EAS -TABLES . x Is
Sheet: TABLET
$1,609,350.00
$321,870.00
$1,931,220.00
12.5 $5,000.00$62,500.00
26 $1,000.00 $26,000.00
$2,019,720.00
Printed: 10/21/98
1
$25,000.00
$25,000.00
Mobilization LS
Removals
LS
1
$67,500.00
$67,500.00
Subgrade Excay. Correction
CY
6500
$6.00
$39,000.00
Common Excavation - E.V.
CY
40000
$2.25
$90,000.00
Cl. 5 Agg. Base Course
TON
21000
$5.90
$123,900.00
Bituminous Pavements
TON
13500
$23.00
$310,500.00
Concrete Curb & Gutter
LF
25000
$7.25
$181,250.00
Revegetation & Landscaping
LS
1
$85,500.00
$85,500.00
& Erosion Control
Signs & Markings
L. S.
1
$41,700.00
$41,700.00
Storm Sewer & 85th St. Pond
L. S.
1
$570,000.00
$570,000.00
Bike Path
L. S.
1
$75,000.00
$75,000.00
Total Est. Construction Cost
Overhead @ 20%
Subtotal
ROW Acquisition I Acre
Drainage or Slope Easement I Acre
Total Estimated Project Cost
Share/ex ce I/o is eg o/O T334 F EAS -TABLES . x Is
Sheet: TABLET
$1,609,350.00
$321,870.00
$1,931,220.00
12.5 $5,000.00$62,500.00
26 $1,000.00 $26,000.00
$2,019,720.00
Printed: 10/21/98
Table 2
Comparison of Cost
for
Typical Residential Otsego Street
to
Proposed Odean Avenue
(per Linear Foot)
ITEM
QUANTITY
COSTIUNII
Mobilization
1 LS
$5000/1-S
Removals
1 ft
$2.00/1-F
Bit. Pavements
0.620 Ton
$23/Ton
Class 5 Agg.
0.525 Ton
$5.90/Ton
+ Bit. Berm/ C. & G.
2 ft
$.50/ft
Common Exc.
0.802 CY
$2.25/CY
Storm Sewer
1 ft
$8.00/ft
Revegetation
1 ft
$2.50/ft
Signs & Markings
1 ft
$1.00/ft
Bike Path
-
-
Easement & ROW
-
-
Estimated Construction
Indirect Costs @ 20%
Total Project Cost
$0.45
$2.00
$14.26
$3.10
$1.00
$1.81
$8.00
$2.50
$1.00
$0.00
$0.00
$0.00
$34.12
$6.82
$40.94
1 LS
$25000/1-S
1 ft
$5.90/1-F
1.17 Ton
$23/Ton
1.83 Ton
$5.90/Ton
2 ft
$7.25/ft
3.5 CY
$2.25/CY
1 ft
$49.50/ft
1 ft
$7.43/ft
1 ft
$3.63/ft
1 ft
$6.5/FT
98.5 sq ft
$0.029/sq ft
47.3 sq ft
$0.144/sq ft
Estimated Construction
Indirect Costs @ 20%
Total Project Cost
$2.17
$5.90
$26.91
$10.78
$14.50
$7.88
$49.50
$7.43
$3.63
$6.50
$2.86
$5.45
X143.51
$28.70
4i i f1.1-1
Typ. Residential Otsego Street LF $40.94 = 23.77%
Proposed Odean Avenue LF $172.21
City policy calls for assessment against properties equal to the cost of a typical residential street. We
recommend an assessment of $20.47 per frontage foot.
+ Past residential street project assessments did not include concrete curb.
The streets were either bituminous curb or rural sections.
Share/excel/otsego/OT334 F EAS -TAB LES. As
Printed: 10/21/98
Sheet: TABLE2
Table 3
City of Otsego
Odean Avenue Improvement Project
Estimated Roadway Assessments
by Front Footage
October 1998
#1020
190.00
$20.47
$3,889.30
$579.51
#1040
257.30
$20.47
$5,266.93
$784.77
#1050
170.00
$20.47
$3,479.90
$518.51
#1060
200.00
$20.47
$4,094.00
$610.01
#1090
400.50
$20.47
$8,198.24
$1,221.54
#1100
400.50
$20.47
$8,198.24
$1,221.54
#1140
175.00
$20.47
$3,582.25
$533.76
#164302
310.71
$20.47
$6,360.23
$947.67
#164303
311.11
$20.47
$6,368.42
$948.89
#2020
182.02
$20.47
$3,725.95
$555.17
#211300
150.00
$20.47
$3,070.50
$457.50
#211301
270.56
$20.47
$5,538.36
$825.22
#211302
328.00
$20.47
$6,714.16
$1,000.41
#213101
150.00
$20.47
$3,070.50
$457.50
#214300
208.70
$20.47
$4,272.09
$636.54
#214302
150.00
$20.47
$3,070.50
$457.50
#214303
150.00
$20.47
$3,070.50
$457.50
#281202
150.00
$20.47
$3,070.50
$457.50
#281300
150.00
$20.47
$3,070.50
$457.50
#282100
150.00
$20.47
$3,070.50
$457.50
#282101
150.00
$20.47
$3,070.50
$457.50
#283105
150.00
$20.47
$3,070.50
$457.50
#283400
150.00
$20.47
$3,070.50
$457.50
#284200
150.00
$20.47
$3,070.50
$457.50
#284201
200.00
$20.47
$4,094.00
$610.01
#284202
330.00
$20.47
$6,755.10
$1,006.51
#284203
172.00
$20.47
$3,520.84
$524.61
#284204
295.00
$20.47
$6,038.65
$899.76
#284301
418.00
$20.47
$8,556.46
$1,274.91
#3010
290.40
$20.47
$5,944.49
$885.73
#3060
200.00
$20.47
$4,094.00
$610.01
#3070
200.00
$20.47
$4,094.00
$610.01
#4110
266.20
$20.47
$5,449.11
$811.92
#4150
297.04
$20.47
$6,080.41
$905.98
7873.04
$161,161.13
` Cost per year is based upon equal annual payments for 10 years at an interest rate of 8%.
Share/excel/otsego/OT334FEAS-TABLES.xis
printed: 10/21/98
Sheet: TABLE3
Table 4
City of Otsego
Odean Avenue Improvement Project
Estimated Roadway Assessments
Per Lot Unit
October 1998
#1010
1
$4,604.60
$686.09
#1020
1
$4,604.60
$686.09
#1040
1
$4,604.60
$686.09
#1050
1
$4,604.60
$686.09
#1060
1
$4,604.60
$686.09
#1090
1
$4,604.60
$686.09
#1100
1
$4,604.60
$686.09
#1140
1
$4,604.60
$686.09
#164302
1
$4,604.60
$686.09
#164303
1
$4,604.60
$686.09
#2020
1
$4,604.60
$686.09
#211300
1
$4,604.60
$686.09
#211301
1
$4,604.60
$686.09
#211302
1
$4,604.60
$686.09
#213101
1
$4,604.60
$686.09
#214300
1
$4,604.60
$686.09
#214302
1
$4,604.60
$686.09
#214303
1
$4,604.60
$686.09
#281202
1
$4,604.60
$686.09
#281300
1
$4,604.60
$686.09
#282100
1
$4,604.60
$686.09
#282101
1
$4,604.60
$686.09
#283105
1
$4,604.60
$686.09
#283400
1
$4,604.60
$686.09
#284200
1
$4,604.60
$686.09
#284201
1
$4,604.60
$686.09
#284202
1
$4,604.60
$686.09
#284203
1
$4,604.60
$686.09
#284204
1
$4,604.60
$686.09
#284301
1
$4,604.60
$686.09
#3010
1
$4,604.60
$686.09
#3060
1
$4,604.60
$686.09
#3070
1
$4,604.60
$686.09
#4110
1
$4,604.60
$686.09
#4150
1
$4,604.60
$686.09
35
$161,161.13
" Cost per year is based upon equal annual payments
for 10 years at an interest rate of 8%.
Share/excel/otsego/OT334 F EAS -TAB LE S.xls
Printed: 10/21/98
Sheet: TABLE4
APPENDIX A
IG
sr
72nd ST.
S. A H. N 7 (N. h ST.) I
EXHIBIT A
0 1500 3000 PROJECT
�N �T LOCATION MAP
SCALEODEAN AVENUE N.E.
Hakanson RECONSIRUCnON
Anderson CITY OF OTESGO. MINNESOTA
■�■ Assoc.,inc.I oA� ��21�98 FlLF: oT334
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24.384 m
(80.00 FT.)
r 2.2 m
VARIES (7.2 FT)
TEMPORARY
CONSTRUCTION
EASEMENT
0
w
3 N
a o
0 0 Q
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z
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VARIES
TEMPORARY
CONSTRUCTION
EASEMENT
I Q� 0 I I PROPOSED GROUND
� a �
0, EXISTING GROUND
288_...___. __..._�___ ._._._.._.._,..___. ___ __. _._.. __..._._ __ .____. -- _ _ - .__ - 288
----
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-30 -20 -10 0 10 20 30
0 10 20
GRAPHIC SCALE IN METERS
1 : 200 HORIZ.
0 5 10
GRAPHIC SCALE IN METERS
1 : 100 VERT.
Fla Anderson
Assoc.,Inc.
EXHIBIT D
EXAMPLE
CROSS-SECTION
ODEAN AVENUE N.E.
CITY OF OTESGO, MINNESOTA
DATE: 1/21/98 FILE: OT334
ot334x-s.dwg
w U-1
z z
-1 24.384 m
01 (80.00 FT.)
011
(if I I Ck--
VARIES
TEMPORARY
CONSTRUCTION
EASEMENT
PROPOSED GROUND
0
Li
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0
0-
0
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Of
e, EXISTING GROUND
270 270
268 ......... . -------- ...... 268
-30 -20 -10 0 10 20 30
0 10 20
GRAPHIC SCALE IN METERS
I : 200 HORIZ.
0 5 to
GRAPHIC SCALE IN METERS
1 : 100 VERT.
Hakanson
Ander
Fillson Assoc.,Inc.
EXHIBIT E
EXAMPLE
CROSS -SECTION -
DITCH SECTION
ODEAN AVENUE N.E.
CITY OF OTESGO, MINNESOTA
DATE: 1 /21 /98 FILE: OT334
ot334x-s-dwg
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE:
DEPARTMENT: PREPARED BY: MEETING DATE
F
.Andrew MacArthur, City Attorney: EB Council 10/26/98
6:30PM
ITEM NUMBER: ITEM DESCRIPTION:
8.1. Discussion and consideration of approval of Otsego/Dayton Sewer Agreement
8.2. Discussion of Developers Agreement.
8.3. Any other Legal Business
A. See 9.5. - Closed Session
BACKGROUND:
8.1. Attached is a draft of the Otsego/Dayton Sewer Agreement with some changes from the Dayton
Attorney and Andy MacArthur for Council Review and consideration for approval.
8.2. Andy MacArthur will discuss with you any changes he foresees with the Developers Agreement
and request Council Permission to make changes.
8.3. Is for other legal that may arise
RECOMMENDATION:
This is for Council information and Approval where needed.
Th ks,
lame Beatty
Michael C. Couri-
Andrew J. MacArthur
Marcus W. Miller
*Al" licemu d in IMSMS
October 21, 1998
City Council Members
City of Otsego
c/o Elaine Beatty, City Clerk
8899 Nashua Avenue NE
Elk River, MN 55330
CO URI & MACARTHUR
Attorneys at Law
705 Central Avenue East
PO Bax 369
St. Michael, MN55376-0369
(612) 497-1930
(612) 497-2599 (FAX)
couriandmacarthurapobox. aom
RE: Proposed Otsego/ Dayton Sewer Use Agreement
Dear Council Members:
Please find enclosed for your review at next Monday's City Council meeting
correspondence from Dayton's attorney and his redraft of the proposed Agreement which
I have reviewed. Overall, it appears to be in conformance with my understanding of the
agreement in principal between the Councils.
I do, however, think the wording in Section 12 regarding expansion is a bit unclear. I will
discuss this matter further with the Dayton City Attorney and try to come up with some
alternative language prior to Monday's meeting.
If you have any questions or comments regarding the revised agreement please contact
me either prior to the meeting, or raise the questions at next Monday's meeting.
Very tru yours,
ew J. cArt
COURI &MACARTHUR
Encl.
cc: Mike Robertson, City Administrator
Larry Koshak, Hakanson Anderson
Hou, BARRY & KUDERER
GEORGE C. HOFF*
PATRIctA E. KUDERER
PAULA A. CALLIES
STEPHEN A. BAKER =
KIMBERLY B. KOzAR
ALSO ADmrrm IN Msco m
= ALso ADKeTTrD w FL4MDA
Mr. Andrew J. MacArthur
COURI & MACARTHUR
Attorneys At Law
705 Central Avenue East
P. O. Box 369
St. Michael, MN 55376
PROFESSIONAL ASSOCIATION
October 14, 1998
Re: City of Dayton/Otsego Sewer Use Agreement
our File No. 1019-272
Dear Andy:
OCT i 6 lq%
OF COUN39L
THOMAS G. BARRY, JR.
JORUN GROE MEIERDING
TELEPHONE (612) 941-9220
1-800-989-9220
FAX (612) 941-7968
E-MAIL hbk@wintemet.com
Please find enclosed with this a REVISED DRAFT dated October 14,
1998 of the Sewer Use Agreement between the parties. The
amendments which have been made are consistent with our discussion
of October 12, 1998. Specifically, with respect to Paragraph 12,
I have included a meet and confer standard with respect to plant
expansion and have limited the expansion expense to the cost of the
actual plant expansion, as opposed to going back and recalculating
the initial construction cost. Also, with respect to Paragraph 12,
I have stricken the language which you have requested concerning
the initial capacity being "off limits" for request by Dayton. The
way the Agreement is structured, Otsego simply has to say no to any
request by Dayton. That certainly is adequate protection for them.
It seems unnecessarily rigid to make it off limits by way of the
Agreement. My City Council does not recall that being a condition.
It seems to me the absolute ability of Otsego (or Dayton in a
subsequent expansion) to indicate they do no want to allow use of
the unused capacity meets the objectives of the parties.
The other changes which you requested in your letter of October 8th
have been made. I would suggest you review the underlined
portions. You should note at Paragraph 15, I have added some
additional language which is shown by double underlining, in
addition to the request which you made.
_ ..dPDATA\DAYTONMMCAR8A WLTR
7901 FLYING CLOUD DREvE, N260•EDEN PRAIRIE, MWNBSOTA 55344-7914
October 14, 1998
Mr. Andrew J. MacArthur
Page Two
Re: City of Dayton/Otsego Sewer Use Agreement
Our File No. 1019-272
After you have had a chance to review this, please give me a call
so that we can get the Agreement executed by the parties.
Sin cerel
G2org-C. iiaif
HOFF, BARRY& KUDERER, P.A.
GCH:baj
Enclosure
cc: Shirley Slater, City Administrator/Dayton
(w/enclosure)
HOFF, BARRY & KUDERER, PA ATTORNEYS & COUNSELORS
DRAFT- OCTOBER 14, 1998
SEWER USE AGREEMENT
CITY OF OTSEGO AND CITY OF DAYTON
WHEREAS, the City of Otsego (hereinafter "Otsego") is in the
process of constructing a wastewater treatment plant (hereinafter
the "plant") near its border with the City of Dayton (hereinafter
"Dayton"); and
WHEREAS, the Plant will be designed to have capacity for the
disposal of sewage from portions of Dayton and Otsego, and Otsego
wants to allow Dayton to use the plant for the disposal of sewage
originating within portions of Dayton; and
WHEREAS, both Dayton and Otsego will assume responsibility for
the costs of original construction of the Plant, including land
acquisition, engineering, and costs related to reviewing the site
and obtaining necessary permits; and
WHEREAS, Otsego will own and operate the plant, with Dayton
being guaranteed the right to dispose of sewage at the Plant,
subject to the terms and conditions of this agreement; and
WHEREAS, Otsego and Dayton shall have exclusive ownership and
control of all sewer lines lying within their respective
jurisdictions, with the exception of that sewer line identified in
Exhibit A to this Agreement which is that sewer line located within
the City of Otsego which will be the primary line for delivery of
sewer service to Dayton (hereinafter referred to as the "Dayton
service line"), and which shall be under the ownership of Dayton;
and
WHEREAS, the parties by this agreement intend to establish an
equitable means of paying he ongoing costs of operating the plant
based upon capacity and usage, with the fee being charged to
residents of each community for operation being equal, and
including costs for operation and maintenance of the plant.
NOW, THEREFORE, it is hereby agreed by and between the parties as
follows:
1. Construction and Completion. Otsego will construct a Sewage
Treatment Plant at the location shown on Exhibit B. Otsego
will construct the plant in accordance with the Plans and
Specifications by dated
. Otsego will complete the Sewage Treatment Plant no
GAWPDATA\DAYTOMSEWMA 14
later than June 30, 2000, and have it available for service to
the City of Dayton on said date. Otsego's obligation to
construct the Plant is contingent upon its obtaining all
necessary permits for construction and operation of the Plant.
Otsego also, has the right to not proceed with construction of
the Plant in the event of termination under paragraph 7 of
this agreement.
2. Use Allowed. For the term of this agreement, and any
renewals thereof, Otsego hereby grants to Dayton the
non -transferable right and license to dispose of sanitary
sewage from within that sanitary sewer service area
within the City of Dayton as defined in the June, 1997,
Study done by Bonestroo, Rosene, Anderlik & Associates
(Figure 1) attached as Exhibit C, and to have said
sanitary sewage treated at the Otsego Wastewater
Treatment plant. Waste treatment done shall be in
conformance with all applicable laws and regulations
which apply to the Plant and its operation. The initial
disposal capacity at the Plant that Dayton will be
allowed is 40,000 gallons per day for the first phase of
plant operation. The disposal capacity that Dayton may
use may be expanded pursuant to paragraph 12. The total
amount of said sanitary sewage from Dayton shall not
exceed 1.0 million gallons per day, nor shall it at any
time exceed 49% of the available plant capacity at any
given time, subject to approval by Otsego and further
restrictions as contained within this Agreement. If
requested by Otsego, Dayton shall adopt an ordinance
governing use of sewers; provided any such ordinance
shall not be any more restrictive than the sewer use
ordinance in effect in Otsego.
3. Ownership. Dayton shall own, maintain and repair, at its
sole expense,those sewer lines within the borders of the
City of Dayton which connect to the Otsego sewer system.
Otsego shall own, maintain and repair, at its sole
expense, the sewer lines lying within the borders of
Otsego, exclusive of the Dayton service line. All costs
and liability associated with the Dayton service line,
including land acquisition costs, engineering,
construction and maintenance shall be paid for solely by
the City of Dayton. Upon acquisition by Otsego of the
easement necessary to construct the Dayton service lines
and upon receipt of full payment of all land acquisition
costs related to the Dayton service line by Dayton to
Otsego, Otsego agrees to convey by warranty deed (with
right of reversion in the event that Dayton terminates
this Agreement, in the form attached hereto as Exhibit D)
to Dayton the acquired easement for the Dayton service
line. Necessary maintenance and repair of the Dayton
service line shall be paid for solely by the City of
2
Dayton. Otsego hereby grants the City of Dayton a right
of entry to repair and maintain the line, or Dayton may
request that Otsego repair and maintain the line with all
costs for the same being the responsibility of Dayton.
4. Otsego Property Served By Dayton Service Line. The areas shown
on the attached Exhibit E are lots which are within the
municipal boundaries of the City of Otsego. These lots,
however will receive service through connection with the
Dayton system of sewer lines. Dayton is obligated to provide
service to the lots shown on Exhibit E only in the event that
Otsego levies assessments against all said lots in an amount
requested by Dayton and all lots waive in writing appeal of
assessment, or no appeal is has—becn filed from said
assessments or any appeal filed has been dismissed. All
assessments or payments of assessments received by Otsego for
the lots on Exhibit E shall be paid within 30 days to the G y
e€ Dayton. Otsego shall assess and bill the property owners
and pay directly to Dayton any applicable assessment or fee
for use of the Dayton service line. The portion of treatment
capacity represented by the Otsego residents will be counted
as a portion of Otsego's capacity. In the event service is
provided Otsego, Dayton shall bill the Otsego for all fees for
sewer service for the lots on Exhibit on a quarterly basis
and Otsego shall pay all amounts billed within 30 days of
billing. Unpaid bills shall carry interest at the rate
specified in paragraph 5 of this agreement. In the event of
billing other than bills for service on a quarterly basis
(i.e. payment for repair, meters, etc.) the same shall be sent
to Otsego, which shall pay the same within 30 days of billing.
All residents receiving service from and through the Dayton
service line shall be subject to regulations established by
Dayton.
S. Initial Capital Contribution. Dayton shall pay one-fifth (1/5)
of the initial construction cost of the Plant. The initial
construction cost shall be costs associated with the Plant
which includes all preliminary engineering studies, plans and
specifications, all costs associated with environmental review
and obtaining a discharge permit, all costs of land
acquisition for the plant site and discharge facilities to the
Crow River, construction inspection costs, and all costs for
actual construction of the Plant facilities as set forth in
the approved plans and specifications as well as any approved
change orders, which are necessary to allow for the
construction and operation of the Plant (hereinafter change
order).
It is the intention of the parties that Dayton shall be kept
abreast of information on the progress and cost of
construction on an ongoing basis. Consequently, Dayton shall
3
be provided with information on the progress of construction,
all proposed change orders when the same is received by Otsego
and other information that will keep Dayton updated on the
project. If any proposed change order equals or exceeds 5% of
Dayton's contribution to the initial construction cost Dayton
shall be given at least 14 days notice of the proposed change
order and, in its discretion, may terminate its their-
obligations
robligations under this agreement ,subject to the retention by
Otsego of all funds received to that date by Otsecgo from
Dayton, by providing written notice within 21 days of the
notice provided by Otsego. This payment by Dayton shall
entitle it to the capacity allocation set forth herein. Otsego
shall provide Dayton with an itemized billing of all costs
listed above which have already been paid by Otsego to the
date of this Agreement. Dayton shall make payment to Otsego
for 20% of those costs previously paid by Otsego on or before
(30 days after execution) . In the event that payment
is not made by that date interest on that amount will accrue
at a rate of interest 10% above the rate of any bonds sold by
the City of Otsego for financing the project and commencing
upon the date of this Agreement. If final payment of this
amount is not made on or before , (90 days after
execution) Otsego, at its discretion, may terminate this
Agreement and neither Dayton nor Otsego shall have any further
obligation to the other with respect to the project.
All other bills received by the City of Otsego for any of the
above mentioned costs after shall be immediately copied to
Dayton along with a statement indicating the amount of that
bill to be paid by Dayton. Dayton shall within thirty (30)
days of receipt of such a statement make payment to Otsego for
its portion of the bill submitted. If any such payment is not
made within days of receipt of said billing, interest
will accrue as set forth above.
6. Preliminary Costs. All of those costs associated with land
acquisition, and construction of the Dayton service lines
shall be borne by Dayton. If Otsego is requested to acquire
the needed easements for construction of said line, in
conjunction with its proceedings for land acquisition, all
costs related to acquisition of property for the Dayton
service line shall be billed to Dayton at the time of
expenditure, and Dayton agrees to promptly pay all such
billings. The parcels for the Dayton service line shall be
separately appraised and any settlement shall be subject to
review by Dayton prior to acquisition.
7. Agreement Termination. The parties shall receive an updated
estimate of initial construction costs and land acquisition
costs (as defined previously in Paragraph 4 of this Agreement)
for the facility two weeks prior to advertisement for bids. In
the event that the actual construction cost, based upon bids
4
received, and easement costs exceed that estimate by 10% of
said estimates, either Otsego or Dayton may terminate this
Agreement and all future obligations thereunder. Dayton must
exercise it rights of termination within fourteen (14 ) days of
the receipt of the actual cost, based on bids received, and
negotiated, or adjudicated settlements of easement acquisition
costs. Otsego shall provide said costs within seven (7) days
of its receipt of the same. In the event that Dayton
terminates the Agreement, Otsego shall retain all funds
received from Dayton prior to the date of termination.
8. ongoing service. Otsego hereby warrants and covenants that the
Plant and necessary lines and appurtenances, shall be
available to Dayton for the treatment and disposal of sewage
in at least the amount of the capacity granted under this
Agreement from time to time and as such capacity may be
increased from time to time in conformance with this Agreement
and in conformance with all applicable laws and regulations,
except for periods of necessary or emergency maintenance, or
in the event that the plant is forced out of operation by
catastrophic events, including, but not limited to fire,
flood, storm, war, or any other natural or man made
catastrophe. The warranty is only to the extent of capacity as
defined in this agreement. Otsego further warrants and
represents that the Plant will be properly licensed for the
disposal of sewage to the limits set forth in this Agreement
9. Fee Formula. Dayton shall pay a fee to Otsego for its share of
operating expense of the Plant. It is the intent of this
Agreement that the two communities equitably share ongoing
costs of wastewater treatment operation and maintenance with
fixed operating expenses shared based upon allocated capacity
and variable expenses shared based upon flow volume. The fee
to be paid by Dayton shall consist of two components; a
portion of the fixed operating expense and a portion of the
variable operating expense. Fixed Operating Expense shall
include, but not be limited to:
(a) Wages, salaries and related expense of all on-site
employees while engaged in the operation of the Plant.
(b) Insurance premiums for property damage to the plant.
(c) The cost of heating, air conditioning and lighting
necessary for the operation of the Plant.
(d) Laboratory and testing expense necessary for the
operation of the Plant
(e) All regular plant maintenance and repair, including
the costs of any contracted or additional costs necessary
to affect proper maintenance and repair. Repairs are
those actions necessary to maintain the structural
5
integrity of the facility and its various components,
including maintenance and repair of access roads and
fencing or other means of protecting or screening the
facility. Due to the term of this Agreement, and
potential extensions of the same it is understood that
groper maintenance and repair of the facility may from
time to time include full replacement of certain facility
components or structures. It is the intention of this
Agreement that the facility be maintained and repaired so
that it is in the same condition as a - similar well
maintained and repaired facility which has been in use
for the same period of time (hereinafter "operating
condition"). Otsego shall give at least _ days notice to
Dayton of any proposed repair or replacement which will
cost more than If Dayton does not agree to
pay its share of said cost, it shall notify Otsego within
days of receipt of the notice. In the event Otsego
still wants to proceed with the repair or replacement and
to have Dayton share in the cost as provided herein, the
same shall be submitted for determination the panel as
established in paragraph 10 of this agreement. The panel
shall decide if the proposed repair or replacement is
necessary to maintain its "operating condition."
Variable Operating Expense shall include and be limited to the
following:
(a) The cost of materials and chemicals consumed in the
treatment and disposal process at the Plant.
(b) The cost of sludge hauling and disposal.
(c) Other expenses incurred as a direct result of a
statutory or State regulatory requirement.
1. Dayton, for its share of the Fixed Operating Expense,
shall pay: an amount equal to the proportion of the
capacity which is available to Dayton. Dayton is
currently allocated 1/5 of the capacity of the plant and
will thus pay 1/5 of the Fixed Operating Expense for the
Plant. In the event Dayton is allocated additional
capacity under the terms of this agreement, then its
share of operating expenses shall be in the same
proportion as the capacity it is allocated.
2. Dayton for its share of the Variable Operating Expense
shall pay an amount equal to the proportion of the number
of gallons of sewage Dayton places into the plant in
relation to the overall flow to the plant. By way
example, if the overall flow to the Plant is 200,000
gallons and Dayton contributes 40,000 gallons to the
overall flow, it would be responsible for 20% of the
2
Variable Operating Expense. The amount of flow to the
plant in total, or by either party, shall be determined
by the flow meters at location agreed by the City
Engineers.
3. An operating fund shall be established upon commencement
of operation of the wastewater treatment plant and
availability of sewer service to Dayton. At that time,
and prior to any service delivery, Dayton shall deposit
into that fund the estimated cost of one quarter of
payment for operation of the facility. Thereafter,
payments shall be made by the City of Dayton into the
fund on a quarterly basis in an amount estimated by
Otsego as the amount to be charged in that next quarter.
Each year the fund shall be adjusted by additional charge
to Dayton, or refund, based upon actual use. Any interest
earned by Otsego on funds paid to it by Dayton under this
paragraph, shall be credited to Dayton.
4. If an operating expense is not listed above, it shall be
the sole responsibility of the Otsego.
10. Right to Review. If either party wishes to challenge any the
amount of payment due, it shall be free to do so at its own
expense, with the following conditions:
Flow determination. Either party may challenge the amount or
percentage of flow that goes into the sewer lines) serving
Dayton by arranging for and paying the cost of flow
monitoring. The results of said flow monitoring shall be
provided to the other party, along with all supporting
documentation. The non -challenging party shall have 30 days to
accept the results as presented or to undertake, at their
expense, their own flow monitoring. If no action is taken by
the non -challenging party within that time period, the flow
determination as presented shall be deemed binding on both
parties. If the non -challenging party decides to challenge the
results, it shall have 45 days within which to complete the
monitoring and present the results. If the second monitoring
produces a different result, the matter shall be submitted to
panel consisting of the city Engineer from Dayton, the City
Engineer from Otsego and a third party chosen by the two
Engineers. The cost of the third engineer shall be split
evenly between the parties. The determination of the panel
shall be final as to the amount of flow attributable to
Dayton. The panel shall prescribe its own procedure for
reaching a decision, provided that each side will be afforded
the reasonable opportunity to present evidence and make
inquiry of the opposing party.
Fee determination. If Dayton wishes to challenge the fee
claimed by Otsego or the calculations associated with it,
7
Otsego will make available to Dayton all the records necessary
to complete its review within two weeks of the request. In the
event Dayton and Otsego cannot agree on the fee to be charged
to Dayton, the dispute shall be submitted to binding
arbitration before a panel to be selected by the parties at
the time of the dispute.
11. ownership and Maintenance of Lines. Dayton shall pay for, own
and maintain all sewer lines constructed within its
boundaries, and the Dayton service line. Dayton shall
regularly maintain said lines so as to keep them in good
operating order. Dayton shall regularly inspect the lines and
immediately correct any problem which could adversely affect
Otsego's facilities or the Plant or which could result in
inaccurate readings of flow through said lines.
Otsego shall pay for, own and maintain the sewer lines
constructed within its boundaries, with the exception of the
Dayton service line. Otsego shall regularly maintain said
lines so as to keep them in good operating order. Otsego shall
regularly inspect the lines and immediately correct any
problem which would adversely affect or interfere with
delivery of service to Dayton. All services provided at the
Plant by Otsego shall be done in compliance with all
applicable laws and regulations.
12. Expansion. It is the intention of the parties to freely allow
the expansion of the Plant capacity by Dayton or Otsego for
its use, but to limit the use of unused capacity assigned to
either party to an agreement between the parties. Dayton may
request expansion of the facility to accommodate additional
sewage disposal needs of Dayton, under the following
conditions:
(a) Dayton has Minnesota Pollution Control Agency approval for
the proposed expansion of the Plant, if any is required.
(b). Dayton has secured plans for the expansion of the Plant
from an engineer/ architect approved by Otsego and properly
licensed by the State of Minnesota to design such a facility
and the plans are approved by Otsego, which approval shall not
be unreasonably withheld.
(c). Dayton has demonstrated that it has the financing to pay
for the proposed expansion, by either an approved bond issue,
cash, or loan.
(d). The expansion shall not cause the overall capacity to
Dayton to exceed 1.0 million gallons per day, nor shall it at
any time cause Dayton to have more than 49% of the available
capacity of the plant.
8
(e) If the request for expansion is to utilize unused
capacity, approval by Otsego.
If, at the time of Dayton's request for expansion of capacity,
the Plant has unused capacity, the City of Dayton shall be
allowed use of that capacity, provided conditions (a), (d) and
(e) are met.
Dayton shall be allowed the expanded capacity within thirty
(30) days of notice to Otsego, in the event there is unused
capacity available. In the event Dayton is requesting Plant
expansion, it sheuld shall be granted necessary permits by
Otsego for construction of the same within forty-five (45)
days of the request, upon satisfaction of (a) - (d) above.
Provided however, that Dayton shall if requested by Otsego
within 10 days of Otsego cgettinct notice from Dayton of a
proposed expansion meet and confer on the advisability of a
plant expansion in a greater amount to accommodate a use of
the additional capacity by Otsego. In the event Otsego
determines a need for additional capacity, the cost of any
plant expansion shall be borne by the parties iointly in
proportion to the amount of capacity each is receiving from
the expanded plant For example if Dayton is receiving an
additional 20,000 gallons and Otsego is receiving and
additional 10,000 gallons Dayton shall bear 2/3 of the
expense and Otsego 1/3 of the expansion expense. In the event
either party does a plant expansion without the other, that
party shall be solely responsible for the cost of the
expansion Otsego shall make a determination as to whether it
wants additional capacity no later than 30 days after receipt
of notice of proposed expansion by Dayton.
If Dayton has expanded the Plant as provided above and there
is unused capacity, Otsego may request utilization of any
unused capacity. Authorization to use such unused capacity
shall be subject to approval by Dayton.
In the event either party uses unused capacity of the other,
it shall pay to the other party a portion of the initial
construction cost for said capacity in proportion to the
capacity used. For example, if Dayton is utilizes another
40,000 gallons of original plant capacity, it shall pay an
additional 1/5 of the initial construction costs. If Dayton
expands and Otsego uses 1/5 of the expanded capacity, Otsego
shall pay to Dayton 1/5 of Dayton's cost for the expanded
capacity. Such amount shall be paid before either party has
a right to use the additional capacity.
13. Otsego Remedies. (a) Gts . In the event Dayton
violates any provision of this agreement by non-payment,
Otsego shall have the right to bring an action for payment
after giving 30 days written notice of the default. If Dayton
9
does not fulfill its obligations under this agreement in any
other way, Otsego shall give 10 days written notice of the
default. Dayton shall have 10 days to cure the default or to
set forth a plan for curing the default within a reasonable
time, in light of the nature of the default and other relevant
circumstances. If Dayton fails to cure the default or put
forward a reasonable plan for curing the default, Otsego may
seek appropriate injunctive or other appropriate equitable
relief. The foregoing is not a limitation on other legal or
equitable remedies which Otsego may have available to it.
14. Dayton Remedies. In the event Otsego fails to fulfill its
obligations, warranties and representations the City of Dayton
shall provide 30 days written notice of said failure to
Otsego. Otsego shall have 10 days to cure the default or to
set forth a plan for curing the default within a reasonable
time, in light of the nature of the default and other relevant
circumstances. Provided, however, that if a default by Otsego
results in sewer service to the City of Dayton below Dayton's
allocated capacity under this agreement, Otsego must
immediately correct the problem upon Written Notice by the
city of Dayton. If Otsego fails to cure said default, Dayton
may seek appropriate injunctive or other equitable relief The
foregoing is not a limitation on other legal or equitable
remedies which Dayton may have available to it.
15. Notice and Termination. Dayton shall have the right to
terminate this Agreement at any time, but not until initial
construction of the plant has been completed and Dayton has
paid all of its share of initial construction costs. If a
scheduled or requested expansion of the plant has been
undertaken, Dayton shall not be able to request termination of
this Agreement until after completion of construction of any
such expansion and payment of Dayton of all of its share of
capitol costs and related expenses incurred due to the plant
expansion. The termination shall take effect two (2) years
after written notice is given by Dayton of its intention to
terminate the Agreement. In the event of termination, all
obligations of Dayton to make payment to Otsego, except for
funds expended prior to the date of termination shall cease
upon the effective date of the termination. In the event that
this Agreement is terminated prior to its term, for whatever
reason, ownership of the Dayton service line shall immediately
revert to Otsego. In the event that the Dayton service line
reverts to Otsego Otsego shall pay to Dayton a proportionate
amount for the reversionary interest based upon 1/75th of the
original price of the easement and the cost of the sewer pipe
or other improvements within the easement times the number of
years remaininci at the time of termination from the year of
execution of this Agreement and a date seventy five years
therefrom.
10
16. Land Application Of Sewage Sludge. In the event that Otsego is
not able to find adequate areas outside of both Cities for
land application of sewage sludge, by contract or otherwise,
and sewage sludge must be applied to lands within its
boundaries, Dayton agrees to provide appropriate disposal
capacity for application of sludge in proportion to its share
of the existing plant capacity at that time. Dayton's
responsibility to provide such disposal capacity shall
increase or decrease over time in relation to its proportion
of existing plant capacity.
17. Term. This agreement shall be in effect for twenty five (25)
years from the date hereof and shall be renewable by Dayton
upon the same terms and conditions for two (2) additional
twenty five ( 25 ) year terms following the initial term. Dayton
must give written notice of its intention to renew the
agreement at least six (6) months prior to the end of the
initial or renewal term. Following the initial three (3) terms
set forth above, Otsego agrees to enter good faith
negotiations with Dayton concerning extension of this
agreement if requested by Dayton. Any such request shall be
made at least 1 year prior to termination date of this
agreement.
i8. Indemnity. Dayton shall defend and indemnify Otsego for any
claims arising from Dayton's operation of sewer lines within
the boundaries of Dayton and the Dayton service line. Otsego
shall defend and indemnify Dayton for any claims arising from
its operation of the Plant or sewer lines located within the
boundaries of Otsego, except for claims arising from the
Dayton service line.
19. Modification Of Agreement. This Agreement may be modified only
by written agreement of both parties.
20. Notice. All notices required by this Agreement shall be in
written form and shall be deemed delivered upon its receipt by
the City Clerk of either party. Notice may be made by personal
delivery, mail or facsimile.
WHEREFORE, the parties have agreed to the foregoing terms.
THE CITY OF OTSEGO
By:
Its: Mayor
11
Dated:
THE CITY OF DAYTON
By:
Its: Mayor
12
Dated:
OCT 2 1
Memo
TO: George Hoff, Hoff, Barry & Kuderer
Frorm Andrew MacArthur, COURI & MACARTH/UR
cc: Mike Robertson and Otsego City Councal
Dates 10/26/98
Ra: Otsego- Dayton Sewer Agreement
As we discussed on the telephone Friday, please find below my proposed version of
paragraph 12 of the Agreement Hopefully, this will serve to clarify some of the language:
"12. Expansion. It is the intention of the parties to freely allow the expansion of the Plant
capacity by either Otsego or Dayton for their use subject to the conditions set forth in this
paragraph, but to limit any use of available unused capacity assigned to either party by the
other party only to those instances where the party originally assigned that capacity consents.
Otsego may expand the plant at any time. Dayton may request expansion the facility to
accommodate additional sewage disposal needs of Dayton, under the following conditions:
(a) Dayton has Minnesota Pollution Control Agency approval for the proposed expansion of the Plant,
if any is required.
(b) Dayton has secured plans for the expansion of the Plant from an engineer/architect approved by
Otsego and property licensed by the State of Minnesota to design such a facility and the plans are
approved by Otsego, which approval shall not be unreasonably withheld.
(c) Dayton has demonstrated that it has the financing to pay for the proposed expansion, by either an
approved bond issue, cash, or loan.
(d). The expansion shall not cause the overall capacity to Dayton to exceed 1.0 million gallons per
day, nor shall it at any time cause Dayton to have more than 49% of the available capacity of the
plant.
(e) If the request by Dayton for expansion is a request to utilize unused capacity assigned to Otsego,
approval by Otsego.
If, at the time of Dayton's request for expansion of capacity, the Plant has unused capacity, Dayton
shall be allowed use of that unused capacity (or a portion of that unused capacity if such portion will
satisfy Dayton's need) , provided conditions (a), (d) and (e) are met. Dayton shall be allowed use
of any expanded capacity approved by Otsego within 90 days of the original request, subject to
payment as set forth in the last paragraph of this section.
0 Page 1
In the event Dayton is requesting Plant expansion, 4 shall be granted necessary permits by
Otsego for construction of the same within sixty (90) days of the request, upon satisfaction of (a) —
(d) above. Provided, however, that Dayton shall , if requested by Otsego within 30 days of Otsego
receiving notice from Dayton of a proposed expansion, meet and confer on the advisability of a
plant expansion in an amount greater than that proposed solely by Dayton, for use by both parties
in a proportion to be determined by agreement of the parties.ln the event that Otsego determines
that it also has need of additional capacity, the costs of Plant expansion shall be bome by the
parties jointly in proportion to the amount of capacity each is receiving from the expanded Plant
For example, if Dayton is receiving an additional 20,000 gallons and Otsego is receiving an
additional 10,000 gallons, Dayton shag bear 2/3 of the expansion cost and Otsego 1/3 of the
expansion cost. Otsego shall make a determination as to whether it wants to proceed with a joint
plant expansion within 90 days after receipt of notice of proposed expansion by Dayton.
In the event that either party proceeds with a plant expansion without the other, that party shall be
solely responsible for the cost of expansion
If Dayton, or the parties jointly, have expanded the Plant as provided above, and Dayton has
capacity allocated to it which is unused, Otsego may request use of that capacity, or a portion of
that capacity, and shall be Amved use of the requested capacity - thin 90 days of the request, if
approved by Dayton, subject to payment as set forth in the last paragraph of this section.
In the event either party uses unused capacity of the other, it shall to the other party a portion of the
costs incurred for such capacity in proportion to the capacity allocated. For example, if Dayton
requests and Otsego approves, another 40,000 gallons of original plant capacity, Dayton shall pay
an additional 1/5 of the initial construction costs; or if Dayton expands and Otsego uses 1/5 of the
expanded capacity, Otsego shall pay to Dayton 1/5 of Dayton's cost for the expanded capacity.
Such amounts shall be paid before either has a right to use the additional capacity.
• Page 2
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE
9. Council Items: Elaine Beatty October 26, 1998
6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB
9.2 Mike Robertson, City Administrator- Update:
A. Consider Personnel Policy
BACKGROUND:
Attached is a Memo from Mike Robertson along with a copy of the
updated personnel policy with changes underlined. Mike will be here
to explain and answer questions. The changes have been reviewed and
agreed with at the Administrative Sub -Committee.
RECONHE:NDATION :
Review Personnel Policy Changes and Approve if you agree with the
changes.
Thanks
Elaa.ne
Date: October 14, 1998
To: Mayor & Council
From: City Administrator Mike Robertson
Re: Proposed New Personnel Policy
I have enclosed a revised copy of the personnel
Policy. This policy has been reviewed and revised
per direction of the Council Administrative sub-
committee. It incorporates changes suggested by
the Committee, staff, and consultants.
This is for Council review and decision.
cc: City Staff
CITY
OF
OTSEGO
PERSONNEL
POLICY
Adopted: June 27, 1994
Effective as of: July 1, 1994
THE POLICIES ARE NOT TERMS AND SHALL NOT BE REGARDED AS OR
CONSTRUED AS CONTRACTUAL PROVISIONS. AS GUIDES, THE
PROVISIONS MAY BE CHANGED AT ANY TIME BY A MAJORITY VOTE OF
THE CITY COUNCIL. THE PROVISIONS SHALL NOT BE INTERPRETED AS
CREATING ANYTHING OTHER THAN AN AT WELL EMPLOYMENT
SETTING WHEREIN THE EMPLOYEE MAY TERMINATE HIS/HER
EMPLOYMENT AT ANY TIME FOR ANY REASON AND THE CITY MAY
TERMINATE THE EMPLOYEE AT ANY TIME FOR ANY REASON.
ISECTION TITLE PAGE I
ADMINISTRATIVE ORGANIZATION
SECTION 1-1 Purpose.............................................................................. 1
SECTION 1-2 Intention of City Regarding Policies and Employment......... 1
1-2.1 Statement.......................................................................... 1
1-2.2 Purpose............................................................................ 1
SECTION 1-3 City Council Responsibilities............................................... 1
1-3.1 Statement........................................................................... 1
SECTION 1-4 Duration of Employment..................................................... 2
1-4.1 Statement........................................................................... 2
SECTION 1-5 Applicability....................................................................... 2
1-5.1 Regular and Probationary positions .................................... 2
1-5.2 Elected Officials, Professionals, Contract Employees,
Building Inspector, Commissions ....................................... 2
1-5.3 Joint Powers Agreement ................................................... 2
SECTION 1-6
Definitions......................................................................... 2
1-6.1
Purpose............................................................................. 2
1-6.2
Regular Full Time Position ................................................. 2
1-6.3
Regular Part Time Position ................................................. 2
1-6.4
Temporary Position............................................................ 2
SECTION 1-7 Provisions Superseded in Certain Cases .............................. 3
1-7.1 Statement........................................................................... 3
SECTION 1-8
Compensation.................................................................... 3
1-8.1
Amount.............................................................................. 3
1-8.2
MN State., 179A.25........................................................... 3
1-8.3
Temporary and part-time employees ................................... 3
1-8.4
Federal Fair Labor Standards ............................................. 3
1-8.5
Paydays............................................................................. 3
1-8.6
Work Hours........................................................................ 3
I
SECTION TITLE PAGE
PROBATION
SECTION 2-1 Probationary Periods............................................................4
2-1.1 Objective............................................................................. 4
2-1.2 Duration.............................................................................. 4
EMPLOYEE BENEFITS
SECTION 3-1 Eligibility for Employee Benefits .......................................... 5
SECTION 3-2
Annual Leave................................................................... 5
3-2.1
Statement.......................................................................... 5
3-2.2
Schedule........................................................................... 5
3-2.2a
Classification..................................................................... 5
3-2.3
Administration.................................................................... 5
3-2.4
Short Term Disability Insurance ....................................... 6
3-2.5
Short Term Disability Insurance Statement ......................... 6
3-2.6
Administration of Annual Leave...........................................6
SECTION 3-3 Holidays........................................................................... 6
3-3.1 Official Holidays................................................................. 6
3-3.2 Floating Holiday................................................................. 7
3-3.3 Administration of Holiday Leave ......................................... 7
SECTION 3-4 Emergency/Funeral Leave ................................................... 7
3-4.1 Statement........................................................................... 7
3-4.2 Immediate family members definition .................................. 7
3-4.3 Length of leave.................................................................... 7
SECTION 3-5 Military Leave..................................................................... 8
3-5.1 Statement................................................•...........................8
3-5.2 Authorized leave.................................................................. 8
SECTION 3-6 Jury Duty............................................................................8
3-6.1 Authorized Leave................................................................ 8
3-6.2 Pay..................................................................................... 8
M
SECTION TITLE PAGE
SECTION 3-7 Leave of Absence without Pay ............................................ 9
3-7.1 Authorized Leaves of Absence ............................................ 9
3-7.2 Unauthorized leaves of Absence .......................................... 9
3-7.3 Benefits and pay.................................................................. 9
SECTION 3-8 Insurance............................................................................9
3-8.1 Statement............................................................................9
SECTION 3-9 Deferred Compensation....................................................... 9
3-9.1 Statement............................................................................9
SECTION 3-10 Flexible Benefit Plan ............................................................ 9
3-10.1 Statement........................................................................... 9
EMPLOYEE RESPONSIBILITY
SECTION 4-1 Responsibilities of City Employees.......................................10
4-1.1 Statement........................................................................... 10
4-1.2 Responsibilities................................................................... 10
SECTION 4-2
Sexual Harassment.............................................................
11
4-2.1
Purpose..............................................................................
11
4-2.2
Policy.................................................................................
11
4-2.3
Statement............................................................................11
4-2.4
Apply Policy.......................................................................
11
4-2.5
Definition..........................................................................
11
4-2.6
Behavioral..........................................................................
11
4-2.7
Reporting Process..............................................................
11
4-2.8
Investigation......................................................................
12
SECTION 4-3 Discipline............................................................................12
4-3.1 Statement............................................................................12
SECTION 4-4 Reports of Disciplinary Action ............................................. 12
4-4.1 Statement............................................................................12
RETIREMENT BENEFITS
SECTION 5-1 Public Employees' Retirement Association ........................... 14
5-1.1 PERA, Deductions...............................................................14
5-1.2 Social Security.................................................................. 14
III
SECTION TITLE PAGE
GENERAL PERSONNEL POLICY PROVISIONS
SECTION 6-1 Report of Personnel Changes .............................................. 13
6-1.1 Statement........................................................................... 13
SECTION 6-2 Conflict of Interest............................................................. 13
6-2.1 Statement.......................................................................... 13
SECTION 6-3 Child Support or Spousal Maintenance .............................. 13
6-3.1 Statement........................................................................... 13
SECTION 6-4 Receipt or Solicitation of Gifts.............................................14
6-4.1 Statement........................................................................... 14
6-4.2 Unlawful acts...................................................................... 14
6-4.3 Rendering of consideration.................................................. 14
6-4.4 Discrimination.....................................................................14
SECTION 6-5 Workers Compensation...................................................... 14
6-5.1 Elected Officials and appointed officers ............................... 14
6-5.2 Exposure to hazardous substances ...................................... 14
SECTION 7-1 Whistleblowers.................................................................. 15
7-1.1 Statement.......................................................................... 15
SECTION 8-1 Notice of Reasons for Termination's .................................... 15
8-1.1 Involuntarily termination......................................................15
8-1.2 Communication of statement ............................................... 15
SECTION 9-1 Drug Free Workplace......................................................... 16
9-1.1 Statement........................................................................... 16
IV
ADMINISTRATIVE ORGANIZATION
SECTION 1-1 PURPOSE
It is the purpose of this personnel manual to establish a uniform and equitable
system of personnel administration for employees of the City of Otsego. It is the policy of
the City of Otsego not to discriminate in employment matters on the basis of race, creed,
color, age, marital status, national origin, sex, status with regard to public assistance, or
disability.
SECTION 1-2 INTENTION OF CITY REGARDING POLICIES AND
EMPLOYMENT
Sec. 1-2.1 The foregoing policies are unilaterally created and implemented by the
City and are intended to serve only as guides for employment. THE POLICIES ARE
NOT TERMS AND SHALL NOT BE REGARDED AS OR CONSTRUED AS
CONTRACTUAL PROVISIONS. AS GUIDES, THE PROVISIONS MAY BE
CHANGED AT ANY TIME BY A MAJORITY VOTE OF THE CITY COUNCIL.
THE PROVISIONS SHALL NOT BE INTERPRETED AS CREATING
ANYTHING OTHER THAN AN AT WILL EMPLOYMENT SETTING,
WHEREIN THE EMPLOYEE MAY TERMINATE HIS/HER EMPLOYMENT AT
ANY TIME FOR ANY REASON AND THE CITY MAY TERMINATE THE
EMPLOYEE AT ANY TIME FOR ANY REASON.
Sec. 1-2.2 This booklet is not a contract but is intended solely to give eligible
employees a short description of the working conditions at this place of employment. If at
any time there should be a conflict between a description in this booklet and a labor
contract, personnel policy, or both, the terms of the actual contract or personnel policy
will govern in all cases. Personnel policies are applied at the discretion of management
and may be withdrawn, applied, or amended at any time.
SECTION 1-3 CITY COUNCIL RESPONSIBILITIES
Sec. 1-3.1 The City Council shall in accordance with it's statutory responsibility to
manage the City, be responsible for the maintenance and periodic revision of personnel
policy and the City's personnel program.
1
SECTION 1-4 DURATION OF EMPLOYMENT
Sec. 1-4.1 After an employee has successfully completed the probationary period
after hire or promotion as indicated by a satisfactory performance evaluation, and as
approved by the City Council, they shall be designated as a regular employee. Such
designation shall be employed to differentiate between these employees and probationary
or other employee classifications. The term 'regular' shall not be used to define duration of
employment with the City. Employment shall remain at will and may be terminated by
either the City or the employee at any time for any reason.
SECTION 1-5 APPLICABILITY
Sec. 1-5.1 Only individuals occupying positions designated as "regular" or
"probationary" full time by the City Council shall be covered by the provisions of this
policy. Specifically excluded are temporary, seasonal, volunteer or paid on call positions.
"Regular" and "probationary" part time positions designated as such by the City Council
shall be extended the provisions or this personnel policy only when the provision expressly
indicates that it applies to such employees.
Sec. 1-5.2 Elected officials, professionals, contract employees (building
inspector), members of appointed City boards, commissions, and committees, volunteer
personnel, and emergency employees are all = within the scope of this Personnel Policy.
Sec. 1-5.3 Any individual receiving wages and benefits from the City pursuant to
a Joint Powers Agreement between the City and other political subdivision are = within
the scope of this personnel policy, but are, rather, subject to those policies of the Joint
Powers entity.
SECTION 1-6 DEFINITIONS
Sec. 1-6.1 For policy purposes, the following terms shall have the meanings given
herein:
Sec. 1-6.2 "Regular Full Time Position" means a group of duties and
responsibilities requiring the employment of a person for at least forty (40) hours per week
each week throughout the year and from year to year and which have been defined as
regular full time by the City Council.
Sec. 1-6.3 "Regular Part-time Position" means a group of duties and
responsibilities requiring the part-time employment of one person for a least fourteen (14)
but less than forty (40) hours per week throughout the year, from year to year, and which
have been defined as regular part-time by the City Council.
Sec. 1-6.4 "Temporary Position" means a group of duties and responsibilities
requiring the temporary or seasonal employment of one person without regard to the
number of hours worked per day or per week by the individual.
2
SECTION 1-7 PROVISIONS SUPERSEDED IN CERTAIN CASES
Sec. 1-7.1 No provision of this Policy is intended to violate, supersede, or conflict
with any applicable Constitution, statute or regulation, whether state or federal, or any
provision of a collective bargaining agreement in effect between the City and any of its
employees, and to the extent of any such violation the offending provision of this Policy
shall be void, but all remaining provisions of this Policy shall remain in effect.
SECTION 1-8 COMPENSATION
Sec. 1-8.1 Amount. Employees of the city shall be compensated according the
schedule established by the city council. Any wage or salary so established is the total
remuneration for employment, but shall not be considered as reimbursement for official
travel or other expenses which may be allowed for the conduct of official business. Unless
approved by the council, no employee shall receive pay from the city in addition to the
salary authorized for the position to which he or she has been appointed.
Sec. 1-8.2 Subject to MN Stat., 179A.25 but notwithstanding any other law to the
contrary, the city shall, by August 1, 1991, establish equitable compensation relationships
as prescribed by MN Stat. 471.991 to 471.999. Thereafter compensation of each class of
city positions shall be fixed in compliance with the provisions of those statutes.
Sec. 1-8.3 Temporary and part-time employees. Temporary employees are not
entitled to sick leave, vacation leave, or holidays with pay.
Sec. 1-8.4 Employees to whom the Federal Fair Labor Standards Act applies shall
be compensated for overtime work at one and one-half times their regular rate of pay.
Compensatory time off shall be taken as approved by the department head for periods of
not less than few one half hour at a time. Employees may accumulate up to 29 44 hours
per calendar year of compensatory time. Hours of compensatory time not taken by
December 31 shall be lost.
Sec. 1-8.5 Paydays. Employees shall be paid weeldy hi -w .e ly on Fridays
Wednesdays. When a pay day falls on a holiday, employees shall receive their pay the
preceding work day.
Sec. 1-8.6 Work hours. Work schedules for personnel shall be established by the
appropriate department head with the approval of the council. The regular work week for
Administrative employees is five eight h four ten-hour working days in addition
including a lunch period, Monday through Friday Thum, except as otherwise
established by the department head in accordance with custom and needs of the
department. The regular work week for Public Works employees is five eight-hour
working days in addi ion to a lunch period, Monday through Friday...except as otherwise
established byht_ e department head in accordance with custom and needs of the
department.
SECTION 2-1 PROBATIONARY PERIODS
Sec. 2-1.1 Objective: The probationary or working test period shall be regarded
as an integral part of the selection process and shall be utilized by supervisors for closely
observing the employee's work. Performance, skills and ability demonstrated during the
probationary period shall be evaluated by the supervisor to recommend or deny regular
appointment.
Sec. 2-1.2 Duration: Every person appointed to a position, including promotional
positions, shall be required to successfully complete a working test or probationary period.
The probationary period shall be a minimum of six (6) months which may be extended in
certain circumstances to enable the immediate supervisor to observe the employees' ability
to perform the duties of the position. The probationary period shall begin immediately
upon appointment and shall normally continue for the period established .
4
EMPLOYEE BENEFITS
SECTION 3-1 ELIGIBILITY FOR EMPLOYEE BENEFITS
Sec. 3-1.1 Employee benefits mentioned in this section apply only to those
employees hired for regular full time positions and specifically exclude seasonal, contract,
part-time, temporary, paid on call, or volunteer employees, except when such groups are
expressly included by the provisions of this policy. Regular employees who are hired for
positions requiring less than full time may be granted certain employee benefits
enumerated in this policy as determined by the City Council, provided that the granting of
such benefits shall be based on a ratio of the employee's actual working hours as compared
to a full time position of two thousand eighty (2080) hours per year.
1►:
Sec. 3-2.1
See. 3-2.2 Affintial leave Vacation will accrue according to the following schedule
for regular full-time employees:
1 Q_ =-- ' 1 /01D►
0 through 1 year
2 through 5 years
Over 5 years
1-2 years
13 years
14 years
15 years or more
Sec. 3-2.2a Amnu Vacation and Personal Leave will be classified as follows:
A. Planned leave which is scheduled in advance with departmental
approval.
B. Emergency leave which requires notification of the supervisors
within one hour of the beginning of the employee's scheduled working
day if the employee is not at work when the emergency occurs.
Sec. 3-2.3 A nualleave Vacation and Personal Leave must be taken in the
calendar year in which it is accrued. Any em-ry over of untised anntta4 leave must
approved in advaneed by the City Gotine . Employees may carry over up to 40 hours of
vacation per ,year There shall he no carry over of Personal Leave.
5
Sec. 3-2.4 The City will provide short term disability (STD) insurance for each
employee when heiane-gas they have successfully completed the probationary period. The
coverage pays weekly benefits beginning on the fust day of disability caused by an injury
or the eighth day of disability resulting from sickness, for up to 26 weeks. The benefit
equals two-thirds of the employee's weekly wage, up to a minimum of $100.00, $200.00
or $300.00.
Sec. 3-2.5 An employee receiving payments under the City's STD insurance plan
will not accrue annua4 leave Vacation or Personal Leave.
Sec. 3-2.6 Administration of mal Vacation and Personal Leave. The following
procedures shall be followed in administering amoral Vacation and Personal Leave for
regular full time and regular part time employees.
Sec. 3-2.6.1 Employees may not use mmual Vacation and Personal Leave in
excess of the amount they have accrued.
Sec. 3-2.6.2 mal Vacation and Personal Leave cannot be transferred from one
employee to another.
Sec. 3-2.6.3 mal Vacation and Personal Leave shall accrue during the
probationary period. mal Vacation and Personal Leave shall not be available for use
until after successful completion of the probationary period.
Sec. 3-2.6.4 tea} Vacation and Personal Leave shall not be earned by an
employee during leaves of absence without pay.
Sec. 3-2.6.5 Supervisors shall establish procedures for scheduling leaves over as
long a period as possible, giving consideration to the needs of the City services and the
ability of the remaining staff to perform work responsibilities.
Sec. 3-2.6.6 mal Vacation and Personal Leave shall normally be scheduled in
periods of one week (40 hours), but in no case less than periods of 1/2 hour. dehours), or in the ease of 10 hour per day shifts, 5 r
hours.
SECTION 3-3 HOLIDAYS
Sec. 3-3.1 The City observes the following to be official holidays for regular and
probationary full time City employees;
New Year's Day (January 1st)
Martin Luther King, Jr.'s Birthday (3rd Monday in January)
Presidents Day ( Third Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4th)
Labor Day ( First Monday in September)
Veteran's Day (November 11th)
Thanksgiving Holiday (Fourth Thursday in November)
Christmas Day ( December 25th)
6
Sec. 3-3.2 Holiday Leave- All regular full time employees will be eligible to
receive one day or eight 8) (currently eight hours for Public Works employees and ten
hours for Administrative st-aff) hours of holiday leave, to be known as a floating holiday,
which shall be taken at a time mutually agreed upon by the Employee, and City C-lerle lhek
suneTrvisor. A floating holiday shall not be scheduled on the same day as another holiday.
A floating holiday must be used the year received or it will be lost.
Sec. 3-3.3 Holiday leave shall be administered according to the following.
A. All official holidays shall be considered to commence at the beginning
of the first shift on the day on which the holiday is observed and continue
for twenty four (24) consecutive hours thereafter.
B. Regular and probationary full time employees will be entitled to receive
pay for official holidays at their regular straight time pay provided they
worked the department's last regular shift to which they were assigned
following the holiday or are on an approved vacation leave or floating
holiday.
C. Employees who are required to work on a holiday recognized by the
City shall receive overtime pay in addition to their normal holiday pay
depending upon their eligibility as determined by the City Council.
D. When a holiday falls upon a Saturday, the preceding Friday shall be
observed as the holiday. When a holiday falls upon a Sunday, the following
Monday shall be observed as the holiday. Under currentop licy,
Administrative staff will not r .c iv ompensation or holiday leave for any holiday that
falls on Friday or Saturday becausethose. r already days off.
SECTION 3-4 EMERGENCY/FUNERAL LEAVE
Sec. 3-4.1 Emergency/funeral leave may be granted to regular full time City
employees by the employee's immediate supervisor. To be eligible for emergency/funeral
leave an employee must furnish adequate proof that a death has occurred within the
employee's immediate family or that a member of the immediate family suffers from a
debilitating personal illness or accidental bodily injury such that his/her physical care
required the continuous presence of the employee.
Sec. 3-4.2 The term "Immediate family" shall include spouse, mother, father,
brother, sister of the employee, or grandmother or grandfather of the employee or spouse,
mother-in-law or father-in-law. Relatives of the employee other than those above listed
shall not be considered members of the immediate family for the purposes of this policy,
except that an employee may receive funeral leave benefits in the event of the death of
his/her child.
Sec. 3-4.3 Paid emergency/funeral leave may be granted for one or two work days
where the supervisor concludes such leave is warranted.
7
SECTION 3-5. MILITARY LEAVE
Sec. 3-5.1 The reinstatement of rights of any employee who entered the military
service of the United States by reason of a Law enacted by Congress or who voluntarily
enlisted during the effective period of such law shall be determined in accordance with
the provisions of the law granting such rights.
Sec. 3-5.2 Employees who are members with active status with an armed forces
reserve unit shall be granted military leave when called to authorized training or active
service. Such an employee shall receive a maximum of fifteen (15) days leave in any
calendar year which may be allowed provided that the employee appropriately requests
such leave in writing accompanied with a copy of the official written orders; returns to
City employment immediately following such authorized leave and immediately submits
verification of all military pay received to the immediate supervisor. Employees
authorized military leave shall receive the difference between their normal salary and
military pay for the approved period. While on such authorized leave, employees shall not
lose seniority status or benefits normally accorded them as a City employee.
SECTION 3-6 JURY DUTY LEAVE
Sec. 3-6.1 Full time employees shall be granted paid leaves of absence for
required jury duty provided that such duty does not exceed fifteen (15) days in any one
calendar year. Employees shall receive that portion of their regular straight time pay
which will, together with their jury pay, equal their total compensation for the same
period. The time spent on jury duty shall not be counted as time in computing overtime.
Employees excused or release from jury duty during their regular working hours shall
report to their supervisors immediately thereafter.
Sec. 3-6.2 Employees shall notify their supervisor as soon as possible after
receiving notice to report for jury duty. The employee will be responsible for ensuring
that a report of jury duty and pay form is completed by the clerk of the court each week so
that City will be able to determine the amount of compensation due for the period
involved.
8
SECTION 3-7 LEAVE OF ABSENCE WITHOUT PAY
Sec. 3-7.1 Supervisors may, giving consideration to the needs of the City and the
ability of the remaining staff to accomplish work responsibilities, authorize regular
employees to be absent without pay for personal reasons for a period or periods not to
exceed a total of ten (10) working days in any calendar year. Requests for leave of
absence without pay in excess of ten (10) days in a calendar year must be submitted to and
approved in advance by the City Council. Employees shall request such leaves of absence
without pay in writing in advance of the date so desired indicating the reason(s) for
absence, the specific absence period and anticipated date of return to work.
Sec. 3-7.2 Leaves of absence will not be given for the purpose of enabling any
employee to work for another employer or to engage in any form of self -employment -
Any employee who obtains a leave of absence by misrepresenting the purpose therefore
shall be discharged.
Sec. 3-7.3 While on approved leave of absence without pay exceeding ten
consecutive working days, an employee will not receive city contributions to city
sponsored insurance(s) in which he/she is a member or be eligible to accrue vacation or
holiday pay. Nor will the time on leave of absence without pay be considered for purposes
of calculating time in active service where the period exceeds ten consecutive working
days.
SECTION 3-8 INSURANCE
Sec. 3-8.1 Benefits under City authorized insurance programs are governed by the
terms and condition of the respective insurance policies, administrative interpretations
thereof, and administrative procedures established unilaterally by the City. The City
Council may authorize the participation of regular part time employees in these programs.
SECTION 3-9 DEFERRED COMPENSATION
Sec. 3-9.1 Deferred compensation plans, which defer a portion of the employee's
income for retirement purpose and shelters such deferred amounts from state and federal
taxes, may be made available to all regular full time City employees.
SECTION 3-10 FLEXIBLE BENEFIT PLAN
Sec. 3-10.1 A flexible benefit plan which allows an employee to set aside pre-tax
income for deductible medical and child care expenses may be made available to all regular
full time City employees.
9
EMPLOYEE RESPONSIBILITY
SECTION 4-1 RESPONSIBILITIES OF CITY EMPLOYEES
Sec. 4-1.1 Efficient and effective delivery of municipal services required active
effort and cooperation between City employees and the general public. It is particularly
important that all work undertaken by City employees be accomplished expeditiously,
efficiently and economically. To reach this goal, the establishment of rules for employee
conduct and responsibility are required.
Sec. 4-1.2 It shall be the responsibility of all employees to:
A. Perform their assigned duties and responsibilities to the best of their ability
at all times, and to continually strive to improve their performance.
B. Render prompt, friendly and courteous service to the public at all times.
C. Read, understand and comply with the rules and regulations as set forth in the
personnel policy, administrative regulations and departmental rules.
D. Conduct themselves with decorum and respond to inquires and information
with patience and every possible courtesy.
E. Report all unsafe conditions to their supervisor, report all injuries to their
supervisor and file the appropriate accident or injury related reports immediately.
F. Recommend ideas for improving City services or methods of achieving greater
efficiency or economy.
10
SECTION 4-2 SEXUAL HARASSMENT
Sec. 4-2.1 PURPOSE: It is the City of Otsego's policy that the work force
environment and the City's employees will be free of sexual harassment and that all
individuals will be treated with respect.
Sec. 4-2.2 POLICY: The City's policy is that:
Sec. 4-2.3 Sexual harassment of employees is prohibited.
Sec. 4-2.4 This policy will apply to all officials and employees of the City of
Otsego.
Sec. 4-2.5 Sexual harassment includes, but is not limited to, unwelcome sexual
advances, requests for sexual favors, sexually motivated physical contact, and other
verbal, visual or physical conduct of a sexual nature when:
(a) Submission to such conduct is made either implicitly or explicitly a term or
condition of an individual's employment:
(b) Submission to or rejection of such conduct by an individual is used as a basis
for an employment decision affecting that individual's employment:
(c) Such conduct has a purpose or effect of substantially interfering with an
individual's work performance of creating an intimidating, hostile, or offensive working
environment.
Sec. 4-2.6 Behavior which may constitute sexual harassment includes, but is not
limited to:
(a) Verbal harassment (e.g., epithets, derogatory remarks, or slurs):
(b) Physical harassment (e.g., touching, gestures, assault, impeding or blocking
movement, or any physical interferes with normal work or movement);
(c) Visual forms of harassment (derogatory posters, letters, poems, graffiti,
cartoons, or drawings); and
(d) Requests for sexual favors or unwelcome sexual advances.
Sec. 4-2.7 Any employee who feels he or she is being subjected to sexual
harassment in any form, or who believes he or she has witnessed sexual harassment in any
form, must contact his or her supervisor, the Department Head or City Council
immediately. If allegations are brought against a supervisor or department head, such
allegations are to be brought directly to the City Council. If allegations are made against
any elected official they shall be brought to the City Council through the Mayor or a
member of the Council who is not the subject of said allegations. All supervisors are
required to report immediately any allegation to the Department Head, and City Council.
Only persons with a need to know of the allegation or its resolution will be made aware of
the issue.
11
Sec. 4-2.8 Any complaints which are made will be investigated in a timely fashion.
All employees shall cooperate in any investigation of such a complaint. If the facts
support the allegations, the perpetrator of the sexual harassment will be subject to
disciplinary action. Any employee found to have made a false complaint of sexual
harassment or found to have given knowingly false information during an investigation of
such a complaint will also be subject to disciplinary action.
SECTION 4-3 DISCIPLINE
Sec. 4-3.1 Disciplinary Action. Employees shall be subject to disciplinary action
for failing to fulfill their duties and responsibilities. It shall be the policy of the City to
administer disciplinary action uniformly and without discrimination. Disciplinary action
may include action up to and including termination. Discipline will be based upon the
nature and severity of the infraction and the conditions surrounding the incident.
Generally accepted principles of progressive discipline will be used where practical.
SECTION 4-4 REPORTS OF DISCIPLINARY ACTION
Sec. 4-4.1 The City Council shall be promptly notified of all disciplinary action
taken against an employee and a proper written record thereof shall be provided to the
affected employee and maintained in the employee's personnel file.
RETIREMENT BENEFITS
SECTION 5-1 PUBLIC EMPLOYEES' RETIREMENT ASSOCIATION (PERA)
Sec. 5-1.1 All persons hired for regular full and part time positions and certain
temporary positions with the City of Otsego are members of the Public Employees
Retirement Association. Employees shall have deductions made for the PERA, as
established by law, from each payroll.
Sec. 5-1.2 Every employee, shall be subject to the provisions of the Federal Social
Security Old -Age and Survivor Insurance Program, and deduction to cover such payments
will be made from each payroll.
12
GENERAL PERSONNEL POLICY PROVISIONS
SECTION 6-1 REPORT OF PERSONNEL CHANGES
Sec. 6.1.1 The City Council shall prescribe the necessary forms for reports of all
personnel changes. Such forms shall provide spaces for entering such supporting or other
pertinent information as the City Council shall deem necessary.
SECTION 6-2 CONFLICT OF INTEREST
Sec. 6.2.1 The credibility of local government rests heavily upon the confidence
which citizens have in public employees to render fair and impartial services to all without
regard to personal interest and/or political influence. The delivery of public services to
our citizens requires that City employees scrupulously avoid any activity which suggest a
conflict of interest between their private interest and City responsibilities. Employees of
the City, or their family members, shall not engage or have financial interest in any
business or other activity which could reasonably lead to a conflict of interest with the
employee's primary City responsibilities. "Family members" shall be deemed to be the
employee, the spouse of the employee and the parents, children, and siblings of the
employee or spouse and/or the lineal descendants of any of them. Examples of activities
which are not in accordance with this policy include, but are not limited to: 1) having an
interest in any business which has contracts or other direct dealings with the City of
Otsego; 2) activities which require the employee to interpret City Codes, ordinances or
regulations when such activity involves matters with which the employee has business
and/or family ties: 3) consulting activities carried out within the City of Otsego if such
consulting involves talents or skills primarily related to the employee's City work
responsibilities. Any employee engaging in any activity involving either an actual or
potential conflict of interest or having knowledge of such activity by another employee
shall promptly report the same to the City Council. The City Council shall investigate the
matter and make a determination as to whether or not an actual or potential conflict exists.
If the City Council determines a conflict exists, it shall be presumed that the continuation
of the practice would be injurious to the effectiveness of the employee in carrying out the
employee's responsibilities. In such cases the employee shall immediately terminate the
conflicting activity or be subject to termination of employment.
SECTION 6-3 CHILD SUPPORT OR SPOUSAL MAINTENANCE
Sec. 6-3.1 Newly hired employees will be asked at the time of hire whether they
are required by court order to pay child support or spousal maintenance (alimony) which
is required by law to be withheld from their income. Those who answer yes will be asked
to supply the City of Otsego with a copy of the order.
13
SECTION 6-4 RECEIPT OR SOLICITATION OF GIFTS
Sec. 6-4.1 No employee shall receive or solicit any gift from any person, business
or organization having any business, administrative, legislative, contractual or any other
relationship with the city if the gift could be perceived to or could influence actions of an
official nature. A gift is any money, tangible or intangible personal property, food,
beverage, loan, promise, service or entertainment exceeding $25.00 5.00.
Departments may adopt more stringent requirements but any such requirements
shall be communicated to the employee and City Council by official notice at least once
each calendar year or shall be part of the official written procedures of the department.
Sec. 6-4.2 Unlawful acts. Falsification of records. No person shall knowingly
make any false statement, certificate, mark, rating, or report in regard to any test,
certificate, or appointment held or made under the city personnel system, or in any manner
commit or attempt to commit any fraud preventing the impartial execution of the
provisions of this ordinance.
Sec. 6-4.3 Rendering of consideration. No person seeking employment to or
promotion in the municipal service shall either directly or indirectly give, render, or pay
any money, service, or other valuable consideration to any person, or on account of or in
connection with the test, appointment, or promotion, or proposed appointment or
promotion.
Sec. 6-4.4 Discrimination. No person shall be employed, promoted, demoted, or
discharged by the city or in any way favored or discriminated against because of political
opinions or affiliations, race, color, national origin, religion, sex, marital status, status with
regard to public assistance or disability, or because of the exercise of rights under
provisions of the public Employment Labor Relations Act, Minn, Stat. 179A.01 to
179A.25. No person who is between 18 and 70 years of age shall be discriminated against
with reference to city employment in any way forbidden by federal or state law.
SECTION 6-5 WORKER'S COMPENSATION
Sec. 6-5.1 Officials under workers' compensation act. Pursuant to Minn. Stat.
176.011, Subd. 9, clause 6, the elected officials of the city and those municipal officers
appointed for a regular term of office are hereby included in the coverage of the
Minnesota Workers' Compensation Act.
Sec. 6-5.2 Exposure to hazardous substances. Any employee routinely exposed
to hazardous substances or harmful physical agents as defined in the Minnesota Employee
Right to Know Act of 1983 (Laws 1983, Ch. 316, Minn. Stat. 182.65-182.675) shall be
trained before being assigned or reassigned work exposing the employee to such
substances or agents and shall be given training annually thereafter. Training shall include
an explanation of how and where information about hazards is stored in the work place,
how the hazards are labeled, and where to obtain specific information. The supervisor (or
14
other designated official) shall provide for such training and for compliance with the
"Minnesota Employee Right to Know Act of 1983," including the establishment of specific
policies to insure compliance with the state law and regulations. An employee acting in
good faith has the right to refuse to work under conditions which the employee reasonably
believes present an imminent danger of death or serious physical harm to the employee.
SECTION 7-1 WHISTLEBLOWERS
Sec. 7. 1.1 Pursuant to Minn. Stat. 181.932, the City of Otsego will not discharge,
discipline, threaten, or otherwise discriminate against, or penalize an employee regarding
the employee's compensation, terms, conditions, location, or privileges of employment
because:
Sec. 7 -La Employee, or person acting on behalf of an employee, in good faith,
reports a violation or suspected violation of any federal or state law or rule adopted
pursuant to law to the City of Otsego or to any governmental body or law enforcement
official;
Sec. 7 -Lb The employee is requested by a public body or office to participate in an
investigation, hearing, inquiry; or
Sec. 7-l.c The employee refuses the City's order to perform an action that the
employee has an objective basis in fact to believe violates any State or Federal law or rule
regulation adopted pursuant to law, and the employee informs the City of Otsego that the
order is being refused for that reason.
Sec. 7-l.d No city official or law enforcement official will disclose, or cause to
disclose, the identity of any employee making a report or providing information under Sec.
7-1.1 without the employee's consent unless the investigator determines that disclosure is
necessary for prosecution. If the disclosure is necessary for prosecution, the employee
will be informed prior to the disclosure.
Sec. 7 -Le Employees shall not make any statements or disclosures pursuant to
this section knowing that they are false or that they are in reckless disregard of the truth.
Sec. 7-l.f This section does not permit disclosures that would violate federal or
state law or diminish or impair the right of any person to the continued protection of
confidentiality or communications provided by common law.
SECTION 8-1 NOTICE OF REASONS FOR TERMINATION'S
Sec. 8-1.1 An employee who has been involuntarily terminated may, within five
working days following such termination, request in writing that the City of Otsego inform
the employee of the reason for the termination. Within five working days following
receipt of such request, the City of Otsego shall inform the terminated employee in writing
of the truthful reason for the termination.
Sec. 8-1.2 No communication of the statement furnished by the City of Otsego to
the employee under Sec 8-1.1 above may be made the subject of any action for libel,
slander, or defamation by the employee against the City of Otsego.
15
SECTION 9-1 DRUG FREE WORKPLACE
Sec. 9-1.1 No employee of the City of Otsego shall manufacture, distribute,
dispense, possess, or use a controlled substance in the work place. Violation of this
provision may result in immediate termination of employment or other disciplinary action
as determined by, and at the sole discretion of, the Otsego City Council.
16
THE POLICIES ARE NOT TERMS AND SHALL NOT BE REGARDED AS OR
CONSTRUED AS CONTRACTUAL PROVISIONS. AS GUIDES, THE
PROVISIONS MAY BE CHANGED AT ANY TIME BY A MAJORITY VOTE OF
THE CITY COUNCIL. THE PROVISIONS SHALL NOT BE INTERPRETED AS
CREATING ANYTHING OTHER THAN AN AT WILL EMPLOYMENT
SETTING WHEREIN THE EMPLOYEE MAY TERMINATE HIS/HER
EMPLOYMENT AT ANY TIME FOR ANY REASON AND THE CITY MAY
TERMINATE THE EMPLOYEE AT ANY TIME FOR ANY REASON.
17
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE
9. Council Items: CITY CLERK October 26,1998
6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB, CC
9.3. Elaine Beatty, City Clerk- update
A. Set date of (Thursday), November 5,1998 (4PM) for Council
to meet as a Canvassing Board for City Elections
Background*
The City Council is required to meet as a Canvassing Board to Canvass the City Elections. The last date
they can meet is November 5, 1998, which is Thursday. We Could meet Wednesday the 4th if need be,
but is does not give the City Clerk a lot of time to get information to the Council on election results.
This will not be a long meeting. The Council just needs to review the results of the City Election and
confirm them.
STAFF RECOMMENDATION:
A Resolution will be prepared on City Elections for the Council (Canvassing Board) to consider
and if agreed, approve.
Thank you,
Elaine
CITU" OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE
9. Council Items: Elaine Beatty October 26, 1998 -
6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC
9.1. A. Discussion of Peavey House
C. Any other Council Business
BACKGROUND:
B. The Peavey House has been vacated. Jer_�y C=son, Bu__ding Cff- 'a-
has been asked to estimate what it w-li cost to repa-r and upgrade the
Peavey House so it can be rented and bring theinformation back to the
Council this meet -ng. He met with Harlan Rask. Jerry can exp-'a'n to
the Council their conclusion.
C. This item is for any other Council Business that may come up.
RECOMMEENDATION:
This is for Council information and any determination on the Peavey
house.
Thanks j
Elaine
CITY OF OTSEGO
OFFICE MEMORANDUM
late: October 21, 1998
To:
Mike Robertson,
From: City Administrator
Jerry Olson,
Subject: Building Official
Peavey House
On Tuesday October 20, 1998, I met with Harlan Rask at the Peavey House to
discuss painting, carpet and wallpaper work that should be done to make the house
presentable whether it is to be rented or sold. After a walk-thru of the house with Mr.
Rask and discussion of the condition of the house, Mr. Rask said that he would be willing
to work on the house at an hourly rate of $20.00, but would not bid on any work due to
questions of the amount of work to be done and the question of where to stop. I.E. Do
you paint a rotten window? If you replace the window and the frame is rotten do you
replace the frame also? And in doing so what if rotten wall framing is discovered? How
much carpet should be replaced, in any? How much money should be spent? There are
some questions that need to be answered.
4��
JO/co
cc: Mayor/City Council
Elaine Beatty,
City Clerk/Zoning Adm.
BLDGLTR.WPS
CLAIMS LIST
CITY COUNCIL MEETING
OCTOBER 269 1998
TO: City Council
Attached are the Claims Lists for your consideration.
The grand total you are considering is as follows:
Batch 10-08-98 $ 110.00
Batch 10-15-98 $ 2,058.98
Batch 10-26-98 $93,488.92
GRAND TOTAL $95,657.90
Noted Items:
The NAC bill is on this Claims List again (you approved it last meeting) due to a mistake I
made. I over paid NAC, they returned the check, I re -issued a check for the correct
amount.
If you have any questions or if you would like to review this list further, please let me
know.
Judy Hudson
Deputy Clerk/Treasurer
Oct 1998
Claims List page
i 5:30 AM CITY OF OTSEGO
Name
Batch Name 101598
ADVANCED MASONARY INC
JEFF BARTHELD
ROXANNE GANGL
SUSAN DEMARRE
SUSAN DEMARRE
SUSAN DEMARRE
Grand Total
Dept
Description
Administration
Culture and Rec (GENERAL)
Culture and Rec (GENERAL)
Comments
St warranty refunded
Haunted House Supplies
Haunted House Supplies
Sales Tax Refund
Less Bldg Super Hours
Damage Deposit Refund
Transaction Batch
Amount Name
1,537.82 101598
18.09 101598
115.32 101598
22.15 101598
-135.00 101598
400.00 101598
_,058.95
3 Cc 1333 Claims List Page
'�u 3:50 AM CITY OF OTSEGO
Name
Batch Name 100838
UNI`iERSITY OF MINNESOTA
Grand Total
Dept
Description Comments
Assessing 98 Property Val Sh Course
Transaction Batch
Amount Name
110.00 100898
Thu 1::00 AM utir ur uinu
Dept Transaction Batch
Name Description Comments Amount Nave
_atc;i Name 102698
AFFORDABLE SANITATION
Parks Maintenance
Portable toilet
134.50
102698
SAUERLY
Hwys, Streets, & Roads
Gravel Nashua/72nd/McAlli
20,980.14
102698
BEAUORY OIL COMPANY
Culture and Rec (GENERAL)
Propane for warming house
84.90
102698
BOISE CASCADE OFFICE PRODUCTS
Administration
Office supplies
10.09
102698 _
CAROL OLSON
Med reinbursement
54.00
102698
CORROW TRUCKING
Recycling
September recycling
1,385.00
102698
CORROW TRUCKING
General Govt Buildings -8899
Oct City Hall Gar Sery
48.50
102698
CORROW TRUCKING
Hwys, Streets, & Roads
Oct Shop Refuse Service
10.00
102698
CUB FOODS ELK RIMER
Administration
Supplies for City Hall
94.51
102698
DON'S BAKERY
Administration
Treats for Election Day
28:49
102698
EARL F ANDERSON INC
Hwys, Streets, & Roads
Signs
126.61
102698
EAST SIDE LEASING CO
General Govt 8uildings-8899
Rental on copier
237.92
102698
ELECTION SYSTEMS & SOFTWARE
Administration
Election coding
827.36
102698
FALL MAINTENANCE EXPO
Hwys, Streets, & Roads
2 registrations
30.10
102698
G & K TEXTILE LEASING SYSTEM
Administration
City Hall supplies
115.65
102698
G & K TE:{TILE LEASING SYSTEM
Hwys, Streets, & Roads
Shop supplies
115.64
172698
G & K TEXTILE LEASING SYSTEM
Hwys, Streets, & Roads
Uniforms
125.6°
102698
�, ,�.-
Gn,p ER Till TE ONE -CALL I!C
Hwys, Streets, & Roads
Locate calls
4."^
::2693
�, �Q - - T T
GOIVE N RA:N�NG SERVICE
T
CITY COUNCIL
Ma cr's Conference
1
43.00
1.'698
,NM
GROEN GAR,, CPA
Finance
September services
F
1,135.^:
1:29�
H G WEBER OI' CO
Hwys, Streets, & Roads
Gas
169.44
:02698
.MPANY
H G WEBER OIL COMPANY
i12
Hwys, Streets, & Roads
Diesel Fuel uel
41.97
1 693
HAKAINS0N MIN CU. ERS CN ASS0C
INC
Sanitary Sewer Construction
Easement Acquistion
619.1';
HAKA l50N ANDERSON ASSCC
INC
Sanitary Sewer Construction
W?tland Delineation
I" .- .-'
=`•`'2ig`�
HAKANSON ANDERSON AS'O�.
INC
Hwys, Streets, & Roads
0daan Ave Reconst
25,471.5)
12693
HAKANSON ANDERSON ASSOC
INC
Engineer
Staff Muting
62.5^
:02690
�AKANS0N ANDERSON A S S 0 C
INC
Sanitary Sewer Construction
Permit Application
261.30
:02698
.H;KAINS'0N ANDERSON ASSOC
INC
Sanitary Sewer Construction
Work Shops
13,
112633
HAKANSkiN ANDERSON ASSOC
INC
Sanitary Sewer Construction
Preparation Financial Dat
312.50
102698
;11.41 ANDERSON ASSOC
INC
Engineer
agenda Items
156.25
1_:2693
HAKANSON ANDERSON ASSOC
INC
Engineer
Communciation with staff
187.50
102698
HAKANSON ANDERSON ASSOC
INC
Engineer
Financial sched PW staff
381.03
102693
HAKANSON ANDERSON ASSOC
INC
Engineer
Attend Council Meetings
125.00
102698
HAKANSON ANDERSON ASSOC
INC
Sanitary Sewer Construction
EAW for Sewer and Water
1,033.88
112698
HAKANSON ANDERSON ASSOC
INC
Administration
Mining Permit 45
31.25
102699
HAKANSON ANDERSON ASSOC
INC
Administration
Mining Permit f2
31.25
132698
HA,<ANSON ANDERSON ASSOC
INC
Lindenfalsar CUP
15.63
102698
HAKANSON ASSOC
INC
DeMars CUP
15.63
1;2698
,4NOER"SON
HAKANSON ANDERSON ASSOC
INC
Engineer
Wolf Letter
31.25
102698
HAKANSON ANDERSON ASSOC.
INC
Lindenfelser PUO
31.25
102693
HAKANSON ANDERSON ASSO1:
INC
DeMars PUD
31.25
102698
HA,<.ANSON ANDERSON ASSOC
INC
Administration
Lin Bar PUD
213.11
102698
HA;<A,IS07I ANDERSON ASSOC
INC
Administration
Ri-ers Gla^
54.35
102698
HA,<ANSCN ANDERSON ASSO;:
INC
Ahmain CUP
b2 .S0
10269"0
102698
HAKANS N ANDERSON ASSOC
INC
cn3inaer
0G
Ltd E1 Island 'liaw Est
11:.
ERON AS:''.
HAKANSON Ar!r"S
INC
,,,s
HwStreets, & Rea�s
Od?an Ave Co%r ex"ra
2,11'.88 102698
HAKANSON ANDERSON ASSO'
INC
AUS:aIstration
Heri,3;� Hills
203.93 102598
346.65 112693
HAKAN30N ANDERSON ASSOC
INC
Hwys, Streets, & Reads
Roadway Mana,a Plan 1998
150.25 102698
.aA,.<AN`.C`I ANDERSON ASSOC
INC
Hwys, Streets, & Roads
83rj St CUlVert
22 Oct 1993
Claims List
rage
Thu 12:00 AM
CITY OF OTMO
Transaction Batch
Dept
Name
Description
Comments
Amount Name
?atch Name 102S93
HAKANSON ANDERSON ASSOC INC
Engineer
Wetland Cons Act 1991
91.13
102698
HAKANSON ANDERSON ASSOC INC
Engineer
Coup Plan Update
26.67
102698
HAKANSON ANCERSON ASSOC INC
Park Improvements
FY 96 iSTEA Extra service
841.72
102693
HAKANSON ANDERSON ASSOC INC
Water Utilities
(GENERAL)
Municipal Well 11
269.05
102698
HAKANSON ANCERSON ASSOC INC
Hwys, Streets, &
Roads
Easements & ROW
13,336.63
102698
HAKANSON ANDERSON ASSOC INC
Hwys, Streets, &
Roads
Wetland delineation
17;.83
1226 .
HAKANSON ANDERSON ASSOC INC
Engineer
Utility Permits
125.00
102693
HAKANSON ANDERSON ASSOC INC
Engineer
Sewage Disposal Issues
156.25
102698
ICMA RETIREMENT TRUST
Administration
PPE 10-17-98
192.31
102598
ICMA RETIREMENT TRUST
PPE 10-17-98
499.31
102698
ICMA RETIREMENT TRUST
Administration
PPE 10-3-98
192.31
102698
ICMA RETIREMENT TRUST
PPE 10-3-98
499.31
102698
ISD 728
Recreation - Joint Rec Program
August Billing
1,553.59
102698
JEFF BARTHELD
Culture and Rec
(GENERAL)
Haunted House Supplies
306.03
102698
LEAGUE OF MN CITIES INS TRUST
Administration
Premium Audit Adjustment
249.00
102698
MEDICA
Administration
Adjustment Adm staff
467.76
102698
MEDICA
Hwys, Streets, & Roads
Medical PW staff
767.14
102693
MEDICA
Administration
Medical Adm staff
1,707.34
102693
MENARDS
Culture and Rec
(GENERAL)
Haunted House Supplies
21.79
102698
MENARDS
Culture and Rac
(GENERAL)
Haunted House Supplies
106.33
102693
MINNESOTA MUTUAL
Hwys, Streets,
& Roads
Life Ims PW Staff
29.60
102698
MINNESOTA MUTUAL
Administration
Life !as Adm Staff
22.75
102698
NORTHWEST ASSOC CONSULTANTS
Planner
Meetings
750.00
102698
NORTHWEST ASSOC CONSULTANTS
Precision Line CUP
345.75
102693
NORTHWEST ASSOC CONSULTANTS
Ahmann CUP
382.50
102698,
NORTHWEST ASSOC CONSULTANTS
DeMars CUP
279.56
102695
NORTHWEST ASSOC CONSULTANTS
Lindenfelsar CUP
87.30
102693
NORTHWEST ASSOC CONSULTANTS
Nallbendyr CUP
76.15
102698
N?RTHWEST ASSOC CONSULTANTS
Thein Well CUP
38.00
102698
NORTHWEST ASSOC CONSULTANTS
Planner
General
-364.11
102693
NORTHWEST ASSOC CONSULTANTS
Planner
General
443.91
102698
NORTHWEST ASSOC CONSULTANTS
Planner
Zoning Oral Update
1,053.46
102698
NORTHWEST ASSOC CONSULTANTS
Planner
Comp Plan Ag Area
32.16
112695
NORTHWEST ASSOC CONSULTANTS
Sanitary Sewer
Construction
Watar 3„•. Sawa; Plan
165.75
1 096
Ji �'L T.1?1'J
NORTHWEST -SSOZ CONSULTANTS
Planner
Wild '& Genic Task Farce
237.4=
-
102693
QRS INC.�
';Mai?N ZR.QT;�_�{� 1
H,ayd, Sr°g�.S,
d
& RGd,�s
�: "Ise for T lga
�. ;:r 3�;�r
•63 0
-
18:..3
�
112898
42698
PILOT LAND V VELOPMENT
Administration
Refund from Street
PRINCIPAL FINANCIAL GROUP
Hwys, Streets,
& Roads
Credit onCenta
-0,10
1=:2;93
PRINCIPAL FINANCIAL GROUP
Hwys, Streets,
& Roads
Dentai PW Staff
82.23
102698
PRINCIPAL FINANCIAL GROUP
Administration
D n:dl Adm Staff
112.39
102593
PUBLICEMPLOYEES RETIREMENT
FO Hwys, Streets,
& Roads
PPE 10-17-98
148.11
102698
PUBLIC EMPLOYEES RETIREMENT
FO Administration
PPE 10-17-93
201.89
102698
PUBLIC EMPLOYEES RETIREMENT
FD
PPE 10-17-98
321.02
102698
PUBLIC EMPLOYEES RETIREMENT
FO Assessing
PPE 10-3-98
56.93
102698
102698
PUBLIC E`IPLOYEES RETIREMENT
FD
PPE 10-3-98
358.01
139.47
102693
PUBLIC EMPL•IYEES RETIREMENT
FO Administration
PPE 1.0-3-93
102698
PUBLIC EMPLOYEES RETIREMENT
FD Hwys, Streets,
& Roads
PPE 10-3-98
154.83
36.48 102698
ROGER MARX
Administration
Refund from CUP
102698
Administration
Labor repair Computars
110.44
SOFTRONICS
?= Oct 1998
�u
i200
Name
Batch Name 102593
:TAT: CAPITAL CRECIT UNI3N
ST:aT CAPITAL CREGiT UNION
SUPERIOR SERVICES
TARGET STORES
UNLIMITED ELECTRIC INC
ZIEGLER INC
Grand Total
Claims List
CITY Or OTSE,1,0
Dept
Description
Recycling
Culture and Rec (GENERAL!
General Govt Buildings -o3',
Hwys, Streets, & Roads
Comments
C Olson 141923 10-17-93
C Olson Act141923 10-3-93
September recycling
Haunted House Supplies
Siren repair 42/Quaday
Parts for PUP
Page
Transaction Batch
Amount Name
:u.�:O i.
7
4 .0O 1C25'�8
10;x,43 L•._�y�
654.2;
a4,4t 1^,•:518
93,483.9=