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10-25-99 CC:!2 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: I.A. HEARING Elaine Beatty, City Clerk/Zoning Administrator October 25, 1999 - 6:30 PM ITEM NUMBER: ITEM DESCRIPTION LA. HEARING for Overlay Road Improvement Project (See Attached Notice) (Andrew MacArthur BACKGROUND: Attached is a Hearing Notice that was mailed to the residents that were inadvertently omitted in the mailing of the Hearing Notice for the original Hearing on the Overlay Road Improvement Project. Andy MacArthur and Larry Koshak will be at this Hearing to present the information to the residents. RECOMMENDATION: This is for Council information for Hearing. Thanks, Elaine CITY OF OTSEGO COUNTY OF WRIGHT NOTICE OF PUBLIC HEARING ON STREET OVERLAY IMPROVEMENTS TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Otsego will meet in the Council Chambers of the City Hall at 8899 Nashua Avenue NE, Otsego, Minnesota, on Monday, October 25, 1999 at 6:30PM or as soon thereafter as possible, to consider a Street Overlay Improvement as follows: On all existing roadways within the following described areas: Hall's 1st, 2nd & 3rd Additions, Deer Field Acres and Hidden Valley plats, Walesch Estates and Walesch Estates 2nd Addition, and Vasseur's Oak Grove Estates 1st, 2nd 3rd and 4th Additions Otsego Acres 1st and 2nd Additions, Great River Acres 1, 2nd and 3rd Additions, a portion of O'Day Acres on(81ST ST NE), Mason Avenue (CSAR #39 to 83rd St. NE) 83rd St NE (Marlowe Ave NE to Mason Ave NE), Marlowe Ave NE (83rd St NE to 80th St NE), 80th St NE (Marlowe Ave NE to CSAH #19) if the City of Otsego by construction of bituminous overlays and other related improvements to such streets. 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting or non -abutting benefited property for a portion of the cost of the improvement pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The estimated cost of the entire improvement is $1,187,606.70 million dollars. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. This project was previously noticed. The following are also being additional noticed as being included in this project. Caroli A & Colleen Hecklinger 9382 Ochoa Ave NE Matthew J & Jodi M Augustson 14483 81ST ST NE Douglas C & Stacy A Tiedt 11453 81ST ST NE Michael & Denise DeJultannie 14428 81ST ST NE Michael G & Brynda L Brown 8834 Mason Ave NE Betty A Benson 8982 Mason Ave NE Eldin J & Marjorie G Walter 13877 80TH ST NE PID #118-017-002010 (2 -driveways) PID # 118-056-001010 PID #118-056-001020 PID #118-056-001030 PID #118-500-191203 PID #118-500-191208 PID #118-500-291101 Elaine Beatty, Clerk/Zoning Adm. Posted: 9/30/99 Published: 10/6/99 and 10/20//99 Elk River Star News HEARING DATE: October 25, 1999 - 6:30PM Or as soon thereafter as can be heard. File: HEASTPRJ.WPS Note: Carroll A & Colleen Hecklinger added on 10/6/99 and mailed notice October 25, 1999 City Council Members Otsego City Hall Otsego, MN Dear City Council Members — My father, Richard Lefebvre, owns approximately 100 acres between the Mississippi River and Parrish Avenue. There is a group of about 300 or 400 geese which have become a nuisance on the property. I would like to be granted special permission to hunt these geese to curve the growing problem. The geese invade our field, yard and parking lot of our property. If you're familiar with geese, you know how much of a mess they make. We even have droppings on the roofs of our building. This creates a mess for us as well as our customers. Please consider making an exception to the ordinance that prohibits hunting within city limits. I ask that the special privilege be granted for 3 weekends and limited to our property by the river. There would be myself and one brother-in- law in the party. All DNR regulations (hunting hours, limits) will be abided by. Thank you for your consideration to this request. Sin( Gar 241 Mn CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO: 95-91 AN ORDINANCE ESTABLISHING REGULATIONS PERTAINONG TO THE DISCHARGE OF FIREARMS AND HUNTING IN THE CITY OF OTSEGO, MINNESOTA THE CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS. Section 1. Chapter 7 of the Otsego City Code (Police and Public Safety) is hereby amended to add the following: SECTION 1 FIREARM AND HUNTING REGULATIONS SECTION: 7-1-1: Discharge and Carrying Firearms Regulated 7-1-2: Definitions 7-1-3: Permitted Use of Firearms 7-1-4: Prohibitions 7-1-5: Dangerous Weapons 7-1-6: Designating Hunting Areas 7-1-7: Penalties 7-1-1: DISCHARGE AND CARRYING FIREARMS REGULATED: 7-1-2: DEFINITIONS: CARRY: The handling or transportation of a firearm concealed or otherwise outside a person's domicile. DANGEROUS WEAPONS: Slingshot, clubs, blackjacks, spring guns, brass or metal knuckles or any knife with a switch blade which opens automatically under spring pressure with a button or release mechanism or by any other mechanical contrivance. nrcrFZ.� Rr F Thi brine or shooting of any firearm. DISMANTLED FIREARM: Any unloaded firearm or bow which is desmanded in such a manner so as to prevent shooting. ENCASED FIREARM: Any unloaded firearm or bow, placed in a case which is tied or otherwise secured in the manner provided. FINE SHOT: Shot sizes number T through Birdshot inclusive. FIREARM: Shotguns, rifles, bows and arrows, air -rifles, BB guns, handguns, regardless of the method of propulsion. LANDOWNER: Any person, group, firm or corporation owning, leasing or legally controlling any lands within the territorial limits of the City. SINGLE PROJECTILE: Any, single projectile, whether contained in a metallic, paper, plastic or other cartridge including any method of loading a muzzle loader which results in a single projectile. being discharged. SUITABLE BACKSTOP: Any natural or manmade barrier of sufficient mass, size or construction to wholly contain the projectile being discharged. PERMISSION: The following information must be included: The full name. address, date of birth and signature of the person authorized to hunt or discharge a firearm; the full name, address, and signature of the landowner. 7.1.3: PEI;LN=TED USE OF FIREARMS WITHIN THE NO -DISCHARGE ZONE. The discharge or carrying of firearms that are not encased or dismantled is permitted under the following circumstances so long as no innocent party is endangered unless otherwise prohibited by State or Federal law. A. By law enforcement officers in the line of duty or military personnel in the line of duty or persons with a lawfully issued and currently valid "permit to carry a firearm". B. By any person to resist or prevent an offense which that person reasonably believes exposes himself or another to great bodily harm or death. W C. By a certified Firearms Safety Training Instructor while participating in a Department of Natural Resources approved Firearms Safety Program. D. By any person while participating in a Department of Natural Resources approved Firearms Safety Program. E. By any person for the destruction of diseased, injured or dangerous birds, animals or reptiles by persons authorized to do so in writing by the Wright County Sheriff. F. By any person on a rifle, trap, archery or target range established in accordance with the City's Zoning Ordinances or as part of a City - sponsored activity. G. By any person possessing, transporting or carrying handguns as specifically allowed by State law. H. By any person slaughtering farm animals which they own or with the permission of the owner. L By any person target practicing with a bow and arrow, with a suitable backstop, at least two hundred (200) feet from all buildings, unless the buildings are owned by them or unless they have the owner's permission carried on their person. Bow and arrow target practice may also take place within the confines of a building if a suitable backstop is used. J. By any person participating in a special hunting season, which season may not conflict with State law or regulations. established the City Council for the purpose of wildlife management. The son shall be established by the City Council when, based upon competent professional advice such as a conservation officer, a season needed to reduce an animal population. The Council may authorize the use of single projectiles as part of the special hunt regulations set forth in the resolution. 7.1.4: PERMITTED USE OF FIREARMS OUTSIDE THE DESIGNATED NO - DISCHARGE ZONE. In addition to the conditions set forth is section 7.1.3, the discharge or carrying of firearms is permitted under the following circumstances so long as no innocent party is endangered unless otherwise prohibited by State or Federal law. A. By any person using projectiles for target practice provided that the projectiles are stopped by a suitable backstop and provided further that the discharge occurs at least five hundred (500) feet from all buildings, unless owned by them or with the owner's written permission carried on their person. B. By any person hunting with a single projectile in accordance with State and Federal regulations and provided further that the discharge occurs at least five hundred (500) feet from all buildings, unless owned by them or with the owner's written permission carried on their person. C. By any person hunting or target shooting with a shotgun using fine shot at least five (500) feet from all buildings, unless owned by them or with the owner's written permission carried on their person. 7.1.5: PROBEIBMONS: Except as specifically allowed in Section 7.1.3 & 7.1.4. A. The carrying of a firearm in a motor vehicle, in a place or area open to the public or in any private place or area unless the private place or area is owned by the person carrying the firearm or with the �- owner's permission which is not encased is prohibited. B. The discharge of a firearm is prohibited. C. Carrying or discharge of a firearm by any person under the age of fourteen (14) is prohibited except when accompanied by parent, adult guardian or certified safety training instructor. D. Hunting using a firearm with a single projectile or with a BB gun is prohibited. E. No person shall discharge a firearm while traveling on or using a wild, scenic, or recreational river, except for the purpose of hunting during those times and in those areas in which hunting for times and in those areas in which hunting for protected animals is allowed. F. The aiming of any firearm, whether loaded or not, at or towards any human being is hereby prohibited. 7.1.6: DANGEROUS WEAPONS: A. Weapons Prohibited: No minor under the age of 18 shall wear under his clothes, conceal about his person or within a motor vehicle, display in a threatening manner, or sell, offer for sale or carry or use any dangerous weapon. B. Exceptions: The prohibition of this Section shall not be construed to forbid any law enforcement officer from carrying or using . dangerous weapons in the proper discharge of his or her duties. 7.1.7: DESIGNATED NO DISCHARGE ZONE: The City Council shall cause to be published a map designating the areas within the City where no discharge is allowed. Such map shall be published no later than 1 September on an annual basis. Discharge in areas not designated on the map for discharge is prohibited. 7.1.8: PENALTIES: Any person who violates provisions of this Ordinance upon conviction shall be deemed quilty of a misdemeanor and shall be punished in accordance with the provision for misdemeanor penalty under State law as amended, plus costs of prosecution, for each offense. Section 2. This Ordinance shall be in full force and effect from and after its passage and publication. Adopted by the City Council, this day of 1995. Norman F. Freske, Mayor ATTEST: Elaine Beatty, City Clerk K -- .8811 ,,•_. �•� poll MOM � . � Iii.'... M:,, .uyllt' Pu u'� - ---■ Nil ll,,:: �ti►s:,��s��►;;•:: SII �:1.'•�=3 -..v , �- Ill llllllt -■� .��, �3i�j�� 1 4 l�-/III I1�1- I�■ � ►�� `�=Nlwi '�i�l�_•ti1BJ 111 Nil �� •.�••p .L�rr_int nnn = �,i •-��. .. :• IItII1"If 1111 9I .� 3=u' I INIM�-r1..nmC mm i/ •% ;� �n111"1�•�r =ani=..n. ,. ��= � L��Ih�� wwuwll: =Itl~1,UUI IIS � `i� �i'ri��Q �olwumuwl ■ �''-luau==! �� _��• �_ ii .n1= ' - �r 11.1/1 � •' „ • illw. MEN CITY OF TSEGO 8899 Nashua Avenue N.E. ON THE GREAT RIVER ROAD (612) 441-4414 Elk River, MN 55330 Fax: (612) 441-8823 October 4, 1999 13, l 4 6 Arne J and Carole J Baker 13481 95TH ST NE Elk River, Minnesota 55330 RE: FURTHER DEVELOPMENT OF BLOCK #039 CITY OF OTSEGO - PID #118-010-00-049010 Dear Mr & Mrs Baker: Mr Arne Baker attended a staff meeting on July 9, 1998 to discuss dividing his five acre parcel into one acre lots. City Administrator Mike Robertson, City Clerk/Zoning Administrator Elaine Beatty, City Planner Dan Licht, and City Engineer John Harwood were present at the meeting. City Staff told Mr. Baker that the property was allowed one development right per 40 acres under the 1991 Comprehensive Plan, which would preclude further development of the property. Mr. Baker was also told that the City was in the process of updating its Comprehensive Plan and that a development moratorium had been enacted. City Staff indicated that at the time of the meeting, the draft Comprehensive Plan update would not allow for any additional development rights. City Staff encouraged Mr. Baker to contact City Council and Planning Commission members to make his development interests known. At this meeting, City Staff also noted a concern about additional accesses to Nashua Avenue, as this road is to be turned over to Wright County in the future. The Comprehensive Plan update was adopted in September 1998 and the moratorium expired in July 1999. The 1998 Comprehensive Plan Update designates the subject property as being within the Agricultural Preserve where densities of four units per 40 acres may be allowed for parcels with street frontage. Based upon its size, the subject parcel is allowed only one development right. Mr. Baker attended a Staff meeting on August 12, 1999 with Mr. Rick Blom of John Oliver and Associates, Inc., to discuss a subdivision plan for the subject parcel creating five one acre parcels, several of which were proposed with direct access to Nashua Avenue. Mr. Robertson, Mrs. Beatty, Mr. Licht and the City Engineer Larry Koshak told Mr. Baker that the proposed subdivision was inconsistent with the Comprehensive plan and would not be allowed. MR. Baker was told that he could apply for a Comprehensive Plan amendment to designate the property within the Long Range Urban Service Area (General). Such an application would be evaluated against the goals, policies and plans -Page 2 Arne & Carole Baker Letter 10/13/99 - outlined in the 1998 Comprehensive Plan Update including the following three specific criteria: Unsewered residential development within the long range urban service area shall be allowed when the City determines that such development will result in at least one of the following: a. Completion of an unfinished street network. b. The correction or improvement of a demonstrated area drainage problem. The dedication of lands to a legitimate public purpose (i.e., desired parks, public facility structures, right-of-way dedication, etc.). It was the opinion of City Staff that the proposed subdivision fails to meet any of the three criteria of the 1998 Comprehensive Plan Update and is generally contrary to the intent of the plan for focusing all future residential development to areas served by sanitary sewer. Mr. Baker was advised that City Staff would recommend that any application to further develop this property be denied. Mr. Baker was told, however, that City Staff only makes recommendations and the ultimate decision is that of the City Council, with recommendation of the Planning Commission. City Staff has the responsibility to inform potential applicants of the adopted City plans and policies applicable to their development proposals so that they may evaluate whether an application is likely to be approved. Please realize that development applications are processed at the applicant's cost and that their are no refunds if the request is not granted. As property owners, it is your right to request approval of the subdivision plan. If you elect to proceed, you must fill out an application obtained at City Hall for the following; 1) Comprehensive Plan Amendment. 2) Rezoning 3) Preliminary Plat Approval 4) Subdivision Variance (cul-de-sac length) The application would require a public hearing before the Planning Commission with the final decision made by the City Council. You should be advised that the City has previously considered two separate applications to develop this same parcel in a similar manner. Both applications were denied by the City Council. -Page 3 Arne & Carole Baker Letter 10/13/99 - Hopefully, this information will clarify for you the comments of City Staff from the two staff meetings attended by Mr. Baker relative to your development proposal. Should you have any further questions, please do not hesitate to call me at City Hall, 441-4414 during business hours. Sincerely, CITY OF OTSEGO Elaine Beatty City Clerk/Zoning Administrator eb pc. City Council City Staff ME: 99IEITFRWPS Civil Engineering john Oliver & Associates, Inc. Land Surveying 580 Dodge Avenue, Elk River, MN 55330 •" Land Planning (6I2) 441-2072 • Fax: 441-5665 October 13, 1999 Mr. and Mrs. Arnie Baker 13481 - 95th Street Elk River, MN 55330 Dear Mr. and Mrs. Baker: When you contacted John Oliver & Associates, in June of this year, concerning platting your property in the Townsite of Otsego, I contacted Elaine at Otsego City Hall to ask if there were any reasons the property couldn't be developed. She said additional driveways on Nashua should be limited to one, and that wetlands may become an issue. With that information, we directed you to have the wetlands delineated, and found that only a small portion of the proposed plat were subject to wetlands. We then completed sketch plans for the proposed plat. In July, I once again contacted Elaine to set up a meeting with the City staff to review'the sketch plans. She did not indicate at this time that there were any major obstacles to platting the property. At the staff meeting on August 12th, Arnie and I were shocked to hear that the staff would not recommend the plat. If I had known the staff's reaction ahead of time, I certainly would not have recommended that we proceed with the sketch plans. I believe we were misled by Elaine into thinking that the sketch plans would be approved. Why can one side of Nashua be developed and not the other side? The City's Comprehensive Use Plan arbitrarily placed the dividing line as the center Nashua Avenue. Your property is already platted as part of the Townsite of Otsego and contains many small lots. There are also platted streets running through your property although they were never built. Perhaps you could sell the small lots individually. I urge you to contact the mayor and City Council members for their opinions on how to rectify this injustice. Sincerely, JOHN OLIVER & ASSOCIATES, INC. " 7n 236r -h" Rick M. Blom, L.S. Offices in EIk River & Burnsville 31 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: 1.4.A. Special Presentations Elaine Beatty, City Clerk/Zonmg Administrator October 25, 1999 - 6:30 PM ITEM NUMBER: ITEM DESCRIPTION Ron Black, Chair HPC - Discussion of Old Shed BACKGROUND: Ron Black of the Heritage Preservation Commission will be present to discuss the old Town Hall (shed) and plans for preservation of same. zi—owlMOV 1 W121 !• • This is for Council information and any decision. :% CITY OF OTSEGO REQUEST FOR COUNCIL, ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: 6. Dan Licht, Assistant City Planner: Elaine Beatty, City Clerk/ October 25, 1999 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 6.1. Consider Concept Plan for Orrin Thompson Homes 8421 Wayzata Blvd. #300 Golden Valley, MN 55426 for owner Thomas Koerwitz PID #118-802-012400 approximately 75.20 acres located N of Co Rd #36 (53RD ST NW), W of the new Otsego Wastewater Treatment Plant and E of Autumn Woods Subdivision. 6.2. Consider Rudy & Margaret Thibodeau's application for PID #118-038- 001040, Block 1, Lots 3&4 Mississippi Shores 6TH ADD. at 9100 Park Ave. N.E. Request is as follows: A. Site and Building Plan Review B. Variance to allow less sideyard setback than required by Otsego's Zoning Ordinance. C. Conditional Use Permit/Planned Unit Development (CUP/PUD Amendment) 6.3. Timothy P Steinbeck, Council President - Christ Lutheran Church - expansion Site Plan Review 15849 N.E. 90TH ST, Otsego, Mn. 55330 Architects and Builders Vanman Companies - Request is to allow the addition of a 11,200 GSF multi-purpose space to the existing church (Bldg. and Site Plan Review) 6.4. Any Other Planning Business BACKGROUND: 6.1. This item came before the P.C. on October 4, 1999 at 8PM (See attached minutes for your information.) Also attached is the planning report and findings of fact for Orrin Thompson Homes (Koerwitz Property). P.C. Motion was 3 to 2 to recommend to the CC to approve this concept plan. 6.2. This item came before the P.C. on October 4, 1999 at 8PM (See attached minutes for your information). This was continued for site inspection by P.C. on Saturday. The item came before P.C. Again on October 18, 1999 at 8PM. After continued hearing, the motion was unanimous to recommend to the CC to approve this request. (See attached planning report, findings of fact, letter from Mr. Thibodeau, Memo from Mike Robertson, and letter from Larry Koshak). #6 DAN LICHT Planning Items (Cont.) -Page 2- 6.3. This item came before the P.C. on October 18, 1999 (see attached planners report and Memo Re: Site Plan Review of October 19, 1999). P.C. voted unanimously to recommend approval to the CC and that item 92 need not be revised. 6.4. For any additional Planning Business that may arise. RECONEWENDATION: These are for Council consideration and any decisions. Tia.,� Elaine .x NORTHWEST ASSOCIATED CONSULTANTS NINC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT TO: Otsego Mayor and City Council Otsego Planning Commission FROM: Daniel Licht DATE.- 28 September 1999 RE: Otsego - Koerwitz Property; Concept Plan FILE NO.: 176.02 - 99.20 BACKGROUND Orrin Thompson Homes, Inc. has submitted a concept plan for development of a 139 lot single family development of the 76 acre property owned by Mr. Thomas Koerwitz. The subject property is located east of Trunk Highway 101 and north of CSAH 36, adjacent to the City's waste water treatment facility. The subject parcel is within the Sanitary Sewer Service District designated by the 1998 Comprehensive Plan Update and is zoned A-1, Agricultural - Rural Service District. Potential development of this project will require application for a rezoning to R-4, Residential - Urban Single Family District as well as preliminary and final plat approvals. The project is being reviewed at a concept stage prior to application because of a number of policy decisions associated with the potential development of this project, including the provision of water service, access and parks. Therefore, this memorandum is intended to focus more on the policy aspects of the project and defer a more technical analysis of the subdivision design to a future rezoning/preliminary plat application. Attached for Reference: Exhibit A: Site Location Exhibit B: Rezoning Policy Criteria Exhibit C: Concept Plan 5775 WAYZATA BOULEVARD. SUITE 555 ST LOUIS PARK. MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 612-595-9837 E-MAIL NAC@a WINTERNET COM ISSUES ANALYSIS The subject parcel lies within the Sanitary Sewer Service District (SSSD), where municipal sanitary sewer and water service is anticipated to be made available. These services are not guaranteed and development is only to be allowed in conjunction with these services when a project is found to be consistent with the City's adopted growth management goals and policies. The Comprehensive Plan includes an interim land use plan strategy and criteria for evaluating if the timing of a proposed project is appropriate based upon service availability (Exhibit B). This project has the potential for many impacts to the City's service capabilities due its isolated location from other urban density development, existing service locations and the level of development that has already been approved within the SSSD. There has been relatively little planning to date for development in this area with regards to utilities, street networks, park facilities, etc. City Officials must consider how the project may be undertaken without negatively impacting the City's present service capabilities or future development of the area in general or if these factors make the proposed project premature at this time. • Waste Disposal Systems. Sanitary sewer service may be made available to the property through trunk line connection to the abutting waste water treatment facility. To date, 476 single family lots have been preliminary platted and 132 lots final platted within the SSSD along with conceptual plans for twinhomes and townhouses. The initial capacity of waste water treatment facility designated for residential development is equivalent to approximately 400 single family homes. Therefore, the initial capacity of the waste water treatment plant allotted for residential development will be completely absorbed by near build -out of the approved preliminary plats. The Comprehensive Plan states that only those projects that have been final platted and made financial commitment to receive municipal utility services will be reserved capacity. However, in evaluating the timing of the proposed subdivision, the Planning Commission and City Council must be aware that approving additional plats will likely mandate a decision on the need to expand the waste water treatment plant in the near future. • Water Supply. Water service is not available to the subject property. The nearest trunk watermain is at the southwest quadrant of Trunk Highway 101 and 70th Street, over a mile away from the subject property. The City is providing for construction of trunk water facilities north of this location in order to 1) make water service together with municipal sewer available to existing older developed areas, and 2) promote economic development of the area along Trunk Highway 101 between CSAH 42 and CSAH 39. These factors were the foundation of the Comprehensive Plan update and the decision to construct municipal utilities. The area south of 70th street was not a priority for service as residential development is more recent and limited and there is less potential for economic development. M The water system plan does anticipate the eventual extension of water service to the subject property, but only as development progresses south from 70th Street in a contiguous order. At this time, extension of the trunk waterlines south of 70th street would be through undeveloped properties for which there is no known development request pending. Such an extension from the watertower site to the subject property may be considered premature and inconsistent with the Comprehensive Plan because it would not follow orderly development corridors. A City bonded project would ultimately effect the Water Access Charge (WAC) for service within the SSSD or require area assessments inconsistent with the established `users pay" policy. An alternative for suppling water that has been discussed is for the applicant to construct an independent well to serve the proposed lots. While the construction of wells to serve individual projects may be appropriate in certain situations outside the SSSD, it must be evaluated carefully from a policy perspective for development within the SSSD. A decision to allow construction of a well or private utility to serve this project may be applicable to other land in the SSSD, encourage increased growth in a second development node and potentially impact future service extensions and delivery. To avoid future complications, any well constructed to serve this project should be to municipal standards and serve all of the lots in the subdivision through a pipe system designed to City standards. The City may assume responsibility for the well up -front or at such time as the main City service lines reach the property. In this way, the proposed independent well would ultimately support the City's utility system. However, the maintenance of a second independent water system is an additional service capability issue that must also be considered. • Adequate Drainage. The provision of adequate drainage is an issue that would need to be considered as part of a preliminary plat application because of the engineering analysis required. A major concern with regard to the development of this parcel is protection of existing steep slopes primarily in the northwest corner of the property and wetlands. In an initial basis, it would be our office's opinion that the useable portion of many of the lots is significantly impacted by these natural features. For those lots impacted by steep slopes, wetlands or ponding areas a general rule would be that there be a buildable area equal to 80 percent of the minimum lot size. • Adequate Streets. In allowing more intensive development, there must be adequate street network capacity appropriate for the intended use. The condition of CSAH 36 to the south and west of the project is known to become impassable during flood events. Wright County has identified the need to undertake a flood alleviation project on this segment of CSAH, but the project is not currently on their 5 -year Capital Improvement Plan. This project will likely involve construction of a CONCLUSION The potential development of a single family residential project on the subject site represents initiating a second node of urban development. While the project is within the sanitary sewer service district, a prerequisite of development is that there are adequate service capabilities available to accommodate the project. The submitted concept plan raises specific issues pertaining to sewer capacity, water service, street access, and park facilities. Comprehensively, this concept plan also suggests that more detailed planning for development of this area be completed to ensure orderly development. Until these issues have been fully resolved, the rezoning of the subject site to allow a more intensive land use guided by the land use plan may be premature. The Planning Commission and City Council should provide direction to the applicant regarding the policy issues outlined herein. It would be our office's recommendation that the following steps must be taken for the project to qualify for rezoning and preliminary plat applications based on the submitted concept plan: 1. Water service is provided to the subject property through extension of the existing water trunk lines at the applicant's cost or a separate well constructed to municipal standards is provided. 2. A stormwater management plan is prepared for this district to ensure adequate drainage. 3. A ghost plat illustrating urban development of the subject parcel and surrounding area is prepared that establishes a street plan for future local and collector/arterial streets, integration of existing farmsteads and a permanent access to the waste water treatment plant 4. A definitive schedule for improvement of CSAH 36 is determined in order to provide adequate access to the subject property. 5. The Parks and Recreation Commission make recommendation on necessary park and trail facilities in this area of the community. 6. The anticipated preliminary plat is subject to further review and comment by City Staff, recommendation by the Planning Commission and approval of the City Council. PC. Mike Robertson Elaine Beatty Andy MacArthur Larry Koshak Lee Johnson Robert Payette 9 NAC ON THE GREAT RIVER ROAD L A N D U S E by the Albertville Comprehensive Plan. This industrial area extends west from CSAH 19 to Jalger Avenue to take advantage of area visibility from Interstate 94. Unless sanitary sewer service may be provided to the area (via agreement with Albertville), it is expected that the area will attract dry industries similar to those which presently exist in the area. Industrial use in this area should be discouraged until such time as it may be contiguous with future industrial uses to the south (within Albertville). In the interim, residential development in the area should be discouraged. INTERIM LAND USE PLAN In that the Land Use Plan is the anticipated future development pattern of the City, an interim Land Use Plan must be provided to guide development and land use in the interim between existing conditions and the realization of the Land Use Plan so as to prevent an over -allocation of land that may exceed market demand or service capacity for any particular use. Therefore, it is anticipated that until a parcel is deemed appropriate for development of a higher intensity land use, A-1 District zoning density and uses be maintained as an interim land use plan throughout the community. As outlined in the Policy Plan, a parcel qualifies for rezoning to allow a more intensive land use when the following criteria have been satisfied. The burden of proof as to if these criteria are satisfied is intended to be upon those making the request. 1. Consistency with Comprehensive Plan: A proposed development shall be deemed consistent with the City's Comprehensive Plan when the development is consistent with the goals, policies and recommendations of the Comprehensive Plan. Developments that follow planned public improvement corridors or constitute an infilling of development shall be deemed consistent with the City's growth strategies as outlined in the Comprehensive Plan. 2. Adequate Waste Disposal Systems: A proposed development shall be deemed to have adequate waste disposal systems if within the sanitary sewer service district, there is adequate sewer capacity in the present system to support the proposed development if constructed to its maximum permissible density after reasonable sewer capacity is reserved for planned public facilities, and commercial and industrial development projected for the next five (5) years; or if in areas outside of the sanitary sewer service district, there is adequate on-site sewer capacity potential to support the development if constructed to the maximum permissible density indicated in the Otsego Comprehensive Plan. OTSEGO COMPREHENSIVE PLAN UPDATE DEVEL-OPMENT FRAMEWORK 123 EXHIBIT B L A N D U S E 3. Adequate Water Supply: A proposed development shall be deemed to have an adequate water supply if the proposed development has adequate sources of water, either from public systems or private wells, to serve the proposed development if constructed to its maximum permissible density without causing an unreasonable depreciation of existing water supplies for surrounding areas. 4. Adequate Drainage: A condition of adequate drainage shall be deemed to exist if.. a. Surface or subsurface water retention and runoff is such that it does not constitute a danger to the structural security of structures within the proposed development. b. Structures within the proposed development will not cause pollution of water sources or damage from erosion and siltation on downhill or downstream land. C. The proposed development and related site grading will not cause harmful and irreparable damage from erosion and siltation on downhill or downstream land. d. Factors to be considered in making these determinations may include.- average nclude:average rainfall for the area; the relation of the land to the floodplain; the nature of soils and subsoils and their ability to adequately support surface water runoff and waste disposal systems; the slope of the land and its effect on effluents; and the presence of streams as related to effluent disposal. 5. Adequate Streets: A proposed development shall be deemed to have adequate streets to serve the development when: a. Streets that serve the proposed development are of such a width, grade, stability, vertical and horizontal alignment, site distance and surface condition that an increase in traffic volume generated by the proposed development will not create a hazard to public safety and general welfare, or not seriously aggravate an already hazardous condition, and when, with due regard to the advice of Wright County and/or the Minnesota Department of Transportation, said streets are appropriate for the intended use. b. The traffic volume generated by the proposed development would not create unreasonable congestion or unsafe conditions on streets existing at the time of the application or proposed for completion within the next two (2) years. OTS EGO DEVELOPMENT FRAMEWORK 124 COMPREHENSIVE PLAN UPDATE L A N D U S E 6. Adequate Public Service Capacity: A proposed development shall be determined to have necessary public service capacity when services such as recreational facilities, police and fire protection and other public facilities, which must be provided at public expenses, cannot reasonably be provided for within the next two (2) years. 7. Consistency with Capital Improvement Plans: A proposed development shall be deemed consistent with capital improvement plans when improvements and/or services necessary to accommodate the proposed subdivision have been programmed in the Otsego, Wright County or other regional capital improvement plans or that a revision to capital improvement programs can be accommodated. DEVELOPMENT REGULATIONS Implementation of the Development Framework Land Use Plan will be primarily accomplished through Otsego's development regulations, especially its Zoning and Subdivision Ordinances. To ensure that modern development standards, as well as environmental protection standards can be applied to future growth in Otsego, the City's zoning and subdivision regulations should continue to be carefully reviewed for their completeness and updated as determined necessary to reflect recent development trends or legislative changes. If the City's current development regulations are found to be lacking and/or out-of-date, revisions or amendments should be undertaken to ensure Otsego has the level of control it desires in these matters. ANNEXATION Annexation is the process by which land area is incorporated into an existing community with a resulting change in the boundaries of the City. This land is usually contiguous to the City and is annexed to meet some form of public good, such as the protection of health, safety or welfare or to control land development, many times making available public services due to urbanization. The City of Otsego recently detached 407 acres to Albertville and annexed 637 acres of former Frankfort Township. This Municipal Board decision permanently established Otsego's southern boundary. While future annexation disputes are not anticipated, the Policy Plan section of this report states that Otsego shall strongly oppose the detachment of any of its property. OTSEGO COMPREHENSIVE PLAN UPDATE DEVELOPMENT FRAMEWORK 125 0 .jai I'KEIJMINANY CONCP.P'I' PIANi Xi ��.. r i m 9� THOMAS KOERi►ITZ PROPERTY SATHRE-QERCQUIS'I', INC. I z L I } OTSEGO. MINNESOTA � ,., J lea SOUIM UBMMAY. MYZAIA W. fecal . p17J u,GOW f tIKCIN TIlt)RIPSON IIQMF.S i � y Hakanson 1111 Anderson Assoc., Inc. ✓il & Municipal Engineering Land Surveying October 15, 1999 Mike Robertson, Administrator City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Christ Lutheran Church Dear Mike, 3601 Thurston Avenue Suite 101 Anoka, Minnesota 55303 612/427-5860 612/427-0520 Fax We have had an opportunity to review the site plan for the expansion of the church facilities. Our comments and concerns follow: STORMWATER DRAINAGE The applicant will be required to prepare for approval a Stormwater Management Plan. The City's engineering manual contains the policy that applies. The property is in the North Mississippi Stormwater Drainage District. This District has several outlets to the Mississippi River. This particular sub -district discharges into the Mn/DOT culvert and ponding system installed at TH 101 & CSAH 39 in recent years. The facilities appear to be capable of handling the 100 -year storm event without rate control. Ponding of the 100 -year storm is therefore not required, however, the NURP ponds or water quality ponds are required. The entire existing site and proposed expansion will be subject to water quality treatment for storm water runoff. TRAFFIC Presently the flow of traffic is entering and leaving the facilities is via 88th Street and CSAH 39. As a reminder Wright County Highway Department with our concurrence have determined that when the intersection of CSAH 39 & 42 is signalized, the crossover on CSAH 39 will be closed. At that time the entrance used by the bank and church will be a right in — right out only. The crossover would interfere with the stacking capacity on the westbound lanes in CSAH 39. Therefore, more church traffic will need to use 88th Street. \\Ha01\shared docs Wlunicipal\AOTSEGO\2205\ot2205mr1.doc Mike Robertson Page 2 October 15, 1999 88TH STREET With the expansion of the site and use of the adjacent property east and southerly the extension of 88th Street will be required. The cost to the church would be based on previous method of allocating their share of front footage. SANITARY SEWER AND WATERMAIN Currently, the trunk sanitary sewer and watermain are being installed in the ROW of CSAH 42. The Wastewater Treatment Facilities will be operable in the spring of 2000, but will not be operating until sufficient volume of sewage can be delivered to the plant. In the meantime, the City is considering allowing hookups and having septic disposal service at the main lift station until the plant is operating. The water system will be operating by the spring of 2000. The water tower and tank and well and pumphouse will be completed in the spring. The expansion of the church will require that sanitary sewer and watermain are available to serve the complex. The church officials will need to petition the City Council for service. The service plan provides sanitary sewer and watermain in the ROW of 88th Street. Therefore, the Bank, Church and Mary Dare properties would benefit from the construction of sanitary sewer, watermain and street. The project would be completed under MN Statute 429. The benefit received by construction of these utilities and street would be assessed to the adjacent landowners. Service to this property from CSAH 39 south ROW has not been considered due to limited benefit received from that service to property owners. The church could be served by a 6" watermain service to comply with interior sprinkler system, if required. The water meter for domestic service would be on the smaller waterline. \\Ha01\shared docs\Municipal\AOTSEGO\2205\ot2205mr1 doc Hakanson 7■. Anderson Assoc., Inc. Mike Robertson Page 3 October 15, 1999 The expansion of the church has been reviewed in the past upon the initial presentation to the Council and staff. At that time, 88th Street was considered the primary street for access and utility services. If you have any questions, please contact me. Yours trul HAKA� ANCk-RSON ASSOCIATES, INC. wrgfice/G. koshak, PE /clk cc: Elaine Beatty, Clerk Andy MacArthur, Attorney Dan Licht, NAC Christ Lutheran Church Vanman Const. Co. \\HaOl�shared docs Wlunicipal\AOTSEGO\2205\ot2205mrl.doc Hakanson HUM Anderson Assoc., Inc. NORTHW SSOCIATED CONSULTANTS NVINC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT TO.- Otsego Mayor and City Council Otsego Planning Commission FROM: Daniel Licht DATE: 29 September 1999 RE: Otsego - Fun City (Thibodeau); PUD Amendment/Variance FILE NO.: 176.02 - 99.19 EXECUTIVE SUMMARY Background Mr. Rudy Thibodeau is proposing to add a sit-down restaurant to the existing commercial recreational uses at Fun City, located west of CSAH 42 between CSAH 39 and Park Avenue. The restaurant use will be constructed within a new building attached to the existing metal building on the east portion of the property. The metal building will be refurbished to match the new addition. The subject property is within the Sanitary Sewer Service District established by the Comprehensive Plan and is zoned B-3, General Business District. Restaurants are a permitted use of the B-3 District. The property is also governed by a Planned Unit Development - Conditional Use Permit (PUD -CUP) due to the multiple principal structures on the site. As such, consideration of the application requires an amendment to the PUD - CUP and site plan review. A variance to allow a reduction in side yard setbacks has also been requested to accommodate the location of the proposed restaurant building. Attached for Reference: Exhibit A: Site Location Exhibit B: Building Elevations Exhibit C: Building Floorplans Exhibit D: Site Plan Exhibit E: Grading Plan 5775 WAYZATA BOULEVARD. SUITE 555 ST LOUIS PARK. MINNESOTA 55416 PHONE 61 2-595-9636 FAX 612.595-9837 E-MAIL NAC@WINTERNET COM Recommendation The applicant's proposed construction of a restaurant use is generally compatible with other uses in the area and on the subject property. A specific site issue that must be addressed is the deficient parking and some other minor site plan requirements. In consideration of the variance request, the applicant needs to demonstrate an undue hardship to Planning Commission and City Council. If no hardship can be proven, a more appropriate alternative is to consider amending the side yard setback requirements between commercial uses in the B-3 District. Provided the side yard setback issue is resolved, our office would recommend approval of the applications as provided for under option B.1 below. A. Variance 1. Motion to approve a variance from the principal building side yard setback requirements of the B-3 District based upon the following finding: FINDING: The Planning Commission and City Council must site a specific hardship in approving the variance. 2. Motion to deny the requested variance from the principal building side yard setback requirements of the B-3 District based upon a finding that there is no physical hardship justifying deviation from the existing standards. 3. Motion to table the requested variance application (specific direction should be provided to the applicant and/or City Staff regarding additional information required to consider the applications) B. PUD -CUP Amendment 1. Motion to approve an amendment of the existing Planned Unit Development - Conditional Use permit regulating use of the subject property to allow construction of a restaurant use, subject to the following conditions: a. The City Council approve a variance or an amendment pertaining to the side yard setback requirements or the site plan is revised to satisfy said requirements. b. The site plan as necessary to provide the required number of parking spaces. Joint parking with the adjacent Tom Thumb shall require an access easement or permanent lease from that property. Planning Report - Fun City PUD-CUPNariance Page 2 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA Applicant's Name: Orrin Thompson Homes IF r-:-\ 10-5-99 Rezoning/Concept Plan Approval Findings of Fact & Decision Request: Request for concept plan and rezoning approval for development of 139 single family lots on 76 acres, located northeast of Trunk Highway 101 and CSAH 36 (the "property"), to be served by municipal sanitary sewer and water service. City Council Meeting Date: 25 October 1999 Findings of Fact: Based upon review of the application, the recommendation of the Planning Commission and evidence received, the City Council of the City of Otsego now makes the following findings of fact: 1. The legal description of the property is.- See s: See attached EXHIBIT A. 3. The property lies within the Sanitary Sewer Service District as identified in the 1998 Comprehensive Plan Update. 4. The property is guided for low density residential development by the 1998 Comprehensive Plan Update 5. The property is zoned A-1, Agriculture - Rural Service Area District. 6. Development of the project requires consideration of a zoning amendment classifying the property R-4, Residential Urban Single Family District. 7. The 1998 Comprehensive Plan Update directs that a rezoning of property to allow a more intensive land use that is guided by the Land Use Plan shall be deemed premature unless the criteria set forth below are satisfied: A. Consistency with Comprehensive Plan: A proposed development shall be deemed consistent with the City's Comprehensive Plan when the development is consistent with the goals, policies and recommendations of the Comprehensive Plan. Developments that follow planned public improvement corridors or constitute an infilling of development shall be deemed consistent with the City's growth strategies as outlined in the Comprehensive Plan. FINDING: The project is consistent with the City's adopted Comprehensive Plan with regards to growth management goals, policies and recommendations. The proposed land use is consistent with the adopted Land Use Plan. B. Adequate Waste Disposal Systems: A proposed development shall be deemed to have adequate waste disposal systems if within the sanitary sewer service district, there is adequate sewer capacity in the present system to support the proposed development if constructed to its maximum permissible density after reasonable sewer capacity is reserved for planned public facilities, and commercial and industrial development projected for the next five (5) years; or if in areas outside of the sanitary sewer service district, there is adequate on-site sewer capacity potential to support the development if constructed to the maximum permissible density indicated in the Otsego Comprehensive Plan. FINDING: The project is anticipated to be served by municipal sanitary sewer which is available to the subject property. C. Adequate Water Supply: A proposed development shall be deemed to have an adequate water supply if the proposed development has adequate sources of water, either from public systems or private wells, to serve the proposed development if constructed to its maximum permissible density without causing an unreasonable depreciation of existing water supplies for surrounding areas. FINDING. The extension of water service by the City to serve the property is not consistent with the City's adopted policies and plans. Adequate water service may be made available to the project by the applicant extending existing service lines to the property or by constructing a municipal well and service lines to provide water to the property, and potentially surrounding properties. D. Adequate Drainage: A condition of adequate drainage shall be deemed to exist if: 1. Surface or subsurface water retention and runoff is such that it does not constitute a danger to the structural security of structures within the proposed development. 2. Structures within the proposed development will not cause pollution of water sources or damage from erosion and siltation on downhill or downstream land. 3. The proposed development and related site grading will not cause harmful and irreparable damage from erosion and siltation on downhill or downstream land. 4. Factors to be considered in making these determinations may include: average rainfall for the area; the relation of the land to the floodplain; the nature of soils and subsoils and their ability to adequately support surface water runoff and waste disposal systems; the slope of the land and its effect on effluents; and the presence of streams as related to effluent disposal. FINDING: The property and this area of the community includes many areas of steep slopes and wetlands. The City has not undertaken any stormwater management plans to address the provision of adequate drainage with development of urban density uses in this area. Drainage issues associated with the project or the area will need to be subject to further review of the City Engineer as part of a preliminary plat application. E. Adequate Streets: A proposed development shall be deemed to have adequate streets to serve the development when: 1. Streets that serve the proposed development are of such a width, grade, stability, vertical and horizontal alignment, site distance and surface condition that an increase in traffic volume generated by the proposed development will not create a hazard to public safety and general welfare, or not seriously aggravate an already hazardous condition, and when, with due regard to the advice of Wright County and/or the Minnesota Department of Transportation, said streets are appropriate for the intended use. 2. The traffic volume generated by the proposed development would not create unreasonable congestion or unsafe conditions on streets existing at the time of the application or proposed for completion within the next two (2) years. FINDING: Adequate street access to the property does not presently exist. Completion of a flood alleviation project for CSAH 36 and planning for local street networks, including the property and adjacent parcels, must be completed to ensure adequate streets in this area of the community. F. Public Service Capacity: A proposed development shall be determined to have necessary public service capacity when services such as recreational facilities, police and fire protection and other public facilities, which must be provided at public expenses, cannot reasonably be provided for within the next two (2) years. FINDING: The need for public services in this area have not been evaluated or determined and will require additional study by City Officials. G. Consistency with Capital Improvement Plans: A proposed development shall be deemed consistent with capital improvement plans when improvements and/or services necessary to accommodate the proposed subdivision have been programmed in the Otsego, Wright County or other regional capital improvement plans or that a revision to capital improvement programs can be accommodated. FINDINGS: The improvements necessary to accommodate the project have not been adequately planned for by the City and/or Wright County. The project will necessitate that the City determine schedules for area water service, street extensions, and development of park facilities. Wright County must establish a schedule for improving CSAH 36 to provide adequate access to the property. 3 7. The criteria outlined in Section 20-3-2.F of the Zoning Ordinance have been considered and satisfactorily met. 8. The planning report dated 28 October 1999 prepared by Northwest Associated Consultants, Inc. is incorporated herein. 9. The Otsego Planning Commission conducted a public hearing at their regular meeting on 4 October 1999 to consider the application, 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 3 to 2 vote that the City Council approve the Concept Plan based on the aforementioned findings. Decision: Based on the foregoing information and applicable ordinances, the requested Concept Plan is hereby approved based on the most current information received to date, subject to the following conditions: 1. Water service is provided to the subject property through extension of the existing water trunk lines at the applicant's cost or a separate well constructed to municipal standards is provided. 2. A stormwater management plan is prepared for this district to ensure adequate drainage. 3. A ghost plat illustrating urban development of the subject parcel and surrounding area is prepared that establishes a street plan for future local and collector/arterial streets, integration of existing farmsteads and a permanent access to the waste water treatment plant 4. A definitive schedule for improvement of CSAH 36 is determined in order to provide adequate access to the subject property. 5. The Parks and Recreation Commission make recommendation on necessary park and trail facilities in this area of the community. 6. The anticipated preliminary plat is subject to further review and comment by City Staff, recommendation by the Planning Commission and approval of the City Council. 4 PASSED by the Otsego City Council this 25th day of October, 1999 Attest: CITY OF OTSEGO Larry Fournier, Mayor Elaine Beatty, Zoning Administrator/City Clerk ATTACH LEGAL DESCRIPTION HERE EXHIBIT A C. A landscaping plan providing additional perimeter plantings around the building and parking lot is submitted, subject to City Staff review and approval. d. The site plan is revised eliminate access to Park Avenue and provide access to the Service Road. e. A photometric lighting plan is provided illustrating the type, location and illumination of site lighting, if proposed, subject to City Staff review and approval. An enclosure is provided for any exterior trash areas, subject to review and approval of the City Building Official. g. All exterior signage shall require a sign permit and conformance with Section 37 of the Zoning Ordinance. g. All grading, drainage and utility plans shall be subject to review and approval of the City Engineer. h. Comments of other City Staff. 2. Motion to deny an amendment of the existing Planned Unit Development - Conditional Use Permit regulating use of the subject property based upon a finding that the application is inconsistent with the City's Comprehensive Plan and Ordinances. 3. Motion to table the PUD -CUP application (Specific direction should be provided to the applicant and/or City Staff regarding additional information required to consider the applications) ISSUES ANALYSIS PUD -CUP Criteria. PUD-CUPs and amendments of existing PUD-CUPs are evaluated by the same process as a conditional use permit. Therefore, the Planning Commission and City Council must take into consideration possible adverse effects of the PUD -CUP, with judgement based upon the following factors, as outlined in Section 20-4-2.F of the Zoning Ordinance. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Planning Report - Fun City PUD-CUPNariance Page 3 Comment: The Comprehensive Plan designates the subject property for continued commercial use. This area of the community is anticipated develop as the primary commercial center or "downtown". Restaurant uses such as proposed are consistent with this type of commercial character. 2. The proposed use's compatibility with present and future land uses of the area. Comment. The proposed restaurant addition will be complementary to existing uses on site, as well as surrounding commercial properties. The planned upgrades of the existing metal building and adjoining parking in conformance with the adopted standards is also highly positive for the area. 3. 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 conform to applicable performance standards of the Zoning Ordinance, unless variance or PUD flexibility is approved. 4. The proposed use's effect upon the area in which it is proposed. Comment. The proposed expansion will be expected to have a positive effect on the commercial area in which it is located. 5. 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. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: Additional traffic generated by the restaurant use can be accommodated by existing streets, provided that access issues to Park Avenue are addressed. 7. 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 use is not anticipated to have a negative impact to the City's service capacity. Planning Report - Fun City PUD-CUP/Variance Page 4 Setbacks. The following table illustrates applicable setback standards of the B-3 District. As noted above, the parking lot encroaches into the required setback from the east property line and the proposed building encroaches within the required side yard setback of the south property line. The parking lot encroachment is an existing non -conformity. So long as the improvement to the parking lot does not increase the non -conformity, the parking lot may be allowed. The proposed building encroachment requires consideration of a variance, based upon the following criteria of Section 20-5-2.B: 1. In considering all requests for a variance and in taking subsequent action, the Planning Commission and City Council shall make a finding of fact that the proposed action will not: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase congestion in the public street. C. Have the effect of allowing any uses which are prohibited, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standard which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this chapter. f. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of (Section 20-5-2.B.2]. (see below) 2. A variance from the terms of [the Zoning Ordinance] shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district or area. Planning Report - Fun City PUD-CUPNariance Page 5 Front Side Rear Parking from Street Required 65 ft. 20 ft. 20 ft. 15 ft. Proposed 70 ft. 10 ft. / 80 ft. 250 ft. 3 ft. As noted above, the parking lot encroaches into the required setback from the east property line and the proposed building encroaches within the required side yard setback of the south property line. The parking lot encroachment is an existing non -conformity. So long as the improvement to the parking lot does not increase the non -conformity, the parking lot may be allowed. The proposed building encroachment requires consideration of a variance, based upon the following criteria of Section 20-5-2.B: 1. In considering all requests for a variance and in taking subsequent action, the Planning Commission and City Council shall make a finding of fact that the proposed action will not: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase congestion in the public street. C. Have the effect of allowing any uses which are prohibited, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standard which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this chapter. f. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of (Section 20-5-2.B.2]. (see below) 2. A variance from the terms of [the Zoning Ordinance] shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district or area. Planning Report - Fun City PUD-CUPNariance Page 5 (1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. (2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of [the Zoning Ordinance]. (3) Special conditions and circumstances causing the undue hardship shall not be a result of lot or building size, or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of [the Zoning Ordinance] would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of [the Zoning Ordinance] or put the property in question to any reasonable use. C. The special conditions and circumstances causing the undue hardship are not the result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by [the Zoning Ordinance] to other lands, structures, or buildings in the same district under the same conditions. e. The request is not a result of non -conforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. By State Statute, variances must only be granted when the Ordinance prevents any reasonable use of the property. The need for variance in this situation is not related to any natural element of the property. Rather, the variance is necessary because of the size of the proposed building addition and the location of existing buildings and uses on the subject site. As such, no case for hardship can be made that would not be applicable to other lands in the same district. Planning Report - Fun City PUD-CUP/Variance Page 6 If the Planning Commission and City Council believe that a 10 foot side yard setback between commercial properties would not present any negative impacts, it would be more appropriate to consider amending the Zoning Ordinance versus granting an unjustified variance. The existing 20 foot setback requirement is appropriate for rural oriented commercial areas. However, most urban commercial areas would require only a ten foot side setback between commercial uses to promote a more efficient utilization of land. Architecture. The proposed 4,800 square foot building (including the existing metal building to be refurbished) is a one story structure constructed with a stucco exterior finish. The colors for the building have not been specified. The exterior finish of the building is consistent with the requirements of Section 20-17-4.A.3 of the Zoning Ordinance. Also, the height of the building is within the 35 foot maximum allowed by the B-3 District. Landscaping. Landscaping has been illustrated on the site plan, including the size and type of proposed. Commercial uses and parking lots with more than five spaces require perimeter landscaping to provide screening of the parking lot and site amenities. Additional plantings for the perimeter of the proposed building and parking lot should be provided consisting of trees, shrubs and/or bushes. Access. Access to the portion of the site with the restaurant is to be via the existing curb cut to Park Avenue. This curb cut is less than 25 feet from the Park Avenue/Service Road intersection, whereas 60 feet is required per Section 20-22-4.H.5 of the Zoning Ordinance. An existing access to the Service Road on the east side of the site is planned to be closed. A better alternative from a traffic standpoint would be to close the Park Avenue access and maintain or relocate the service road access within spacing guidelines. A second access to this portion of the site will also be available by a proposed connection of the parking lot to the adjacent Tom Thumb site. Parking/Loading. The west parking lot provides 43 stalls and the east parking lot is proposed to be updated with asphalt surface and concrete curb with a potential for 54 stalls if a shared parking arrangement is implemented with the adjacent Tom Thumb site is approved for a total supply of 97 stalls. The shared parking arrangement may be accommodated under the PUD -CUP, but requires an access easement or permanent lease from Tom Thumb. Based upon the areas provided by the builder and previous analysis of existing uses, the following table illustrates that 62 spaces for the restaurant and 58 stalls for other uses is required, a deficiency of 23 stalls. Even if some reduction in required parking were considered for business interchange, the accepted deduction of 15 percent would require that 102 parking stalls be provided, a deficiency of five stalls. The site plan should be revised either to provide the necessary parking or scale back the size of the restaurant or other uses on site in order to meet the parking requirements established by the Zoning Ordinance. Planning Report - Fun City PUD-CUPNariance Page 7 Use Ratio Required Stalls Restaurant 1,953 sq. ft. dining 970 sq. ft. kitchen 1 space / 40 sq. ft. of dining area plus 1 space / 80 sq. ft. of kitchen area 49 13 Miniature Golf (27 Holes) 1 space per hole 27 8 Batting Cages 1 space for every 3 persons that the outdoor facilities are designed to accommodate 13 8 Bumper Boats 8 Bumper Cars 3 Kiddie Cars Game Room (690 sq. ft.) 1 space per 150 sq. ft. of gross floor area 5 Laser Tag (1,944 sq. ft.) 13 Total Stalls Required 120 Exterior Lighting. The site plan does not identify any exterior light locations. If additional site lighting is planned, a photometeric lighting plan must be submitted indicating the type, location and illumination field of said lighting. All exterior lighting must be a 90 degree cut- off and so directed not to impact the public right-of-way or -adjacent residential properties. Trash Storage. The site plan does not indicate an exterior trash receptacle. It maybe that trash is to be stored inside the principal structure. However, any exterior trash storage must be enclosed within a structure as approved by the City Building Official. Signage. The submitted building elevations indicate proposed wall signage and a location for a freestanding sign. All signage must conform to the provisions of Section 37 of the Zoning Ordinance. Grading and Drainage. The City Engineer has identified an existing stormwater drainage problem with the subject site. The proposed site improvements will increase impervious surface on the subject property reducing the storage area on site and effect existing drainageways, which will negatively impact the existing problem. All grading and drainage plans are subject to review and approval of the City Engineer. Utilities. The applicant has requested extension of municipal sanitary sewer and water service to the property. The extension of sewer facilities and utility designs are subject to review and approval of the City Engineer. Planning Report - Fun City PUD-CUP/Variance Page 8 CONCLUSION The proposed addition of a sit-down restaurant to the Fun City site would be positive in terms of upgrading the site as well as implementing the City's economic development goals. The site plan does raise a number of issues including parking demand, landscaping and building location. The site plan should be revised as necessary to satisfy applicable performance standards, including said parking and landscaping. Regarding the variance application to allow encroachment into a required setback, the applicant has not demonstrated an undue physical hardship, as required by Statute. Therefore, approval of a variance is not justified. A more appropriate course of action would be for the City to consider amending the side yard setback between commercial properties. In an urban setting, a 10 foot side yard setback would allow for a more efficient utilization of land without imposing any negative impacts to adjacent commercial properties. However, such an amendment would require a separate public hearing. Our office's specific recommendation regarding these applications is outlined in the executive summary of this report. PC. Mike Robertson Elaine Beatty Andy MacArthur Larry Koshak Rudy and Margaret Thibodeau John Weicht Planning Report - Fun City PUD-CUPNariance Page 9 m X m ca D NAC v ON THE GREAT RIVER ROAD �• __. .-.. -. _i�. .�� .a.;. 3V) ,tau ...�».- 1.•..4. ;i .f i' f.,: 7:V �.. ..._....... _ � .,• _ �//••��'1` �/wry, _ ,1 n; ��jjj1l -�^` .,i.. .. rf.�'7r M1 �•��= �i: V.• -11V VIlM. r �•.:S r " `. � ,•�..»........... .1 � .+ '�. ', .•a .-.„:.. .� .� ?'a. `taY13S F.1',�• v• 1,711�7a.-^'.:f _ - �'�;�x�'�.-•y r . "'.,� ._ _.� ti:di�3+( lrivd ,�;,,;.,r a D`? � (`�V1VV y Q�fi 16IJiA � r�or � El El I I i f� I I I I N El R. !] 1 I �r 10 4 a v � I � f _ I i i I EXHIBIT B 0 1181HX3 I Jami c. E1CHT MINN e GOI. / PAUL KF.YF,R i_r. n+.L �. S• /IVVIIIIJN •r,V.°��. �, +4 - z" rti; •,r'•� R.T. McCAILA ^ ..... _. _ .._ . rP.y�, �! V .:lt.i .� �. '•i! �.� ..':Li �:::C.. .\'l: lM..`.. J .. .I,M A. .... . 1.. _. ................. ILK it low NNM Tj U"A NOL11XV cr oil 9 A V: j .N N'Y1d .."L. !)NIC Yb!) v ills LU MAIO W)j .7. t . . f n �: NOWOC, AtIGGH V J100-3-NNIn x UA A V: j .N La 6Q " IAQV1114�A 4. 4. 'o I, j ITTIA u rn MN C.YYEICHT AND SSOCIA x MINN E Cal PAUL MEYER x MMKM ARCHITECTS. INC. AMMON W -Al '* " " " 0 '1,. IBIS 910OPMAW. PLYWOVrK w No",55442a 05W. *m5orA "m I P-MITS 3-0 -WIN. Lo, -6. SLON 1. Wss 1.0"I M.�_ r1t an I -MS 3MDQ&1" am,?.. Do Cos c fe �-MMAM 2,4 a, -7 j j jj ; � - ray_ � e � ��t.i �� -4- Il 0 CO 8 A T T I C.A CES qk t N., _77 10 011C. volmd M o"M "I.— z .1 <Z 01 CM vans 1"..v ..,a EXHIBIT E x OCT -19-1999 08:45 NOW, INC MEMORANDUM TO: FROM: DATE: RE: FILE NO.: NAC 612 595 9837 P.02 Otsego Mayor and City Council Daniel Licht 19 October 1999 Otsego - Fun City; PUD-CUPNariance 176.02 - 99.19 LTANTS ESEARCH The Planning Commission conducted a public hearing regarding the above referenced application on October 4, 1999. The public hearing was continued to October 18, 1999. The reason for the continuation was to allow for a site inspection by the Planning Commission to review issues identified by City Staff. The only public comments were received from Dr. Gillenbach, an adjacent property owner, who was concerned about the drainage issues of the subject site and impact to the area. Based upon the site inspection, the Planning Commission was supportive of the proposed site plan, including maintaining the existing access point to Park Avenue. At the Planning Commission meeting on October 11, 1999, Staff clarified that the location of the parking lot is a legal non -conforming use. Provided that the improved parking lot does not encroach closer to the Service Road, its location is permitted. Staff also clarified that the recommendation for additional landscaping was not suggesting that existing parking area be removed. As a redevelopment of an existing site, additional landscaping should be provided in open areas where possible. The Planning Commission voted to recommend approval of the requested variance by a 5-0 vote based upon a finding that the existing setback requirement imposes an undue hardship. An amendment to the Ordinance will be processed to change the setback standard to 10 feet to address this issue for other properties in the same District. The Planning Commission also recommended approval of the PUD -CUP amendment by a vote of 5-0. This recommendation included changes to the conditions of approval deleting the requirement that the Park Avenue access be maintained and adding the condition that all site lighting be brought into conformance with Ordinance requirements. PC. Mike Robertson Elaine Beatty Andy MacArthur Larry Koshak 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 OCT -19-1999 08:46 NAC CITY OF 0 T S E G 0 MrMGHT COUNTY, AE NNESOTA Applicants Name: Rudy and Margaret Thibodeau 612 595 9837 P.03 10-19-99 Variance Findings of Fact & Decision Request: Request for variance to allow an encroachment of a new restaurant building to encroach to within 10 feet of the side lot line at the Fun City recreation center, 9100 Park Avenue NE. (the `property"). City Council Meeting Date: 25 October 1999 Findings of Fact: Based upon review of the application, the recommendation of the Planning Commission and evidence received, the City Council of the City of Otsego now makes the following findings of fact: 1. The legal description of the property is Section 15 Township 121 Range 023, Lots 3 and 4, Block 1, Mississippi Shores 6th Addition. 3. The property lies within the Sanitary Sewer Service District as identified in the 1998 Comprehensive Plan Update. 4. The property is guided for commercial development by the 1998 Comprehensive Pian Update and is zoned B-3, General Business District. 5. The property conforms to the minimum lot area and width requirements of the B-3 District. 6_ The request is to encroach 10 feet into the required 20 foot side yard setback required in the B-3 District. 7. Consideration of variance requests are to be based upon the criteria of Section 20-5-2.B: 1. In considering all requests for a variance and in taking subsequent action, the Planning Commission and City Council shall make a finding of fact that the proposed action will not: a. Impair an adequate supply of light and air to adjacent property. b_ Unreasonably increase congestion in the public street. C. Have the effect of allowing any uses which are prohibited, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standard which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety_ OCT -19-1999 08 46 NAC 612 595 9e37 P.04 e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this chapter. f. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of [Section 20-5-2.B.2]. (see below) 2. A variance from the terms of [the Zoning Ordinance] shall not be granted unless it can be demonstrated that. a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district or area. (1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. (2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of [the Zoning Ordinance]. (3) Special conditions and circumstances causing the undue hardship shall not be a result of lot or building size, or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of [the Zoning Ordinance] would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of [the Zoning Ordinance] or put the property in question to any reasonable use. C. The special conditions and circumstances causing the undue hardship are not the result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by [the Zoning Ordinance] to other lands, structures, or buildings in the same district under the same conditions. e. The request is not a result of non -conforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. OCT -19-1999 08:4? NAC 612 595 9837 P.05 8. The planning report dated 29 September 1999 prepared by Northwest Associated Consultants, Inc. is incorporated herein. 9. The memorandum dated 17 September 1999 prepared by the City Engineer, Hakanson Anderson Assocates, Inc., is incorporated herein. 10. The Otsego Planning Commission conducted a public hearing at their regular meeting on 4 October 1999 to consider the application, preceded by published and mailed notice. The Public Hearing was continued to 18 October 1999 to allow for a site inspection by the Planning Commission. Upon review of the application and the site inspection and other evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 5-0 vote that the City Council approve the variance. Decision: Based on the foregoing information and applicable ordinances, the requested variance is hereby approved based on the following finding: FINDING: The existing 20 foot side yard setback requirement in the B-3 District imposes an unreasonable hardship on the subject site, which is inconsistent with the Comprehensive Plan. PASSED by the Otsego City Council this 25th day of October, 1999 CITY OF OTSEGO By: Lary Fournier, Mayor Attest: Elaine Beatty, Zoning Administrator/City Clerk Fu 11 Lo * I I yi 't a Minn-E-Golf & Hobby Company 9100 Park Ave. - Elk River, MN 55330 - (612) 441-8365 - fax (612) 241-1289 October 18,1999 Mr. Mike Robertson Otsego City Administrator Otsego City Hall 8899 Nashua Avenue NE Elk River, MN 55330 Dear Mr. Robertson: We have several questions pertaining to the charges associated with Sewer and Water for our expansion. 1) Since the amount of the charges represent a significant portion of the project cost, We would like to know if they can be handled as an assessment? 2) If the cost are treated as an assessment, how many years for payment would be required? 3) What would be the percentage rate for interest charges? 4) What would be the frequency of payments? 5) When would the first payment be required? Your response is anxiously awaited, as it is required to finalize our financial arrangements. Thank you �2 Rudy Thibodeau A OCT -19-1999 08:48 NAC CITY OF 0 T S E G 0 WRIGHT COUNTY, MINNESOTA 612 595 9837 P.a7 10-19-99 PUD -CUP Amendment Findings of Fact & Decision Request: Request to amend the existing PUD -CUP regulating use of land at Fun City recreation center, 9100 Park Avenue NE. (the "property"), to allow construction of a building and establishment of a restaurant use in addition to existing commercial recreational uses. City Council Meeting Date: 25 October 1999 Findings of Fact: Based upon review of the application, the recommendation of the Planning Commission and evidence received, the City Council of the City of Otsego now makes the following findings of fact: The legal description of the property is Section 15 Township 121 Range 023, Lots 3 and 4, Block 1, Mississippi Shores 6th Addition. 3. The property lies within the Sanitary Sewer Service District as identified in the 1998 Comprehensive Plan Update, 4. The property is guided for commercial development by the 1998 Comprehensive Plan Update and is zoned B-3, General Business District_ 5. The property is governed by a PUD -CUP allowing multiple principal structures on a single lot. 6. The Planning Commission and City Council must take into consideration possible adverse effects of the PUD -CUP amendment, with judgement based upon the following factors, as outlined in Section 20-4-2.F of the Zoning Ordinance: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding; The Comprehensive Plan designates the subject property for continued commercial use. This area of the community is anticipated develop as the primary commercial center or "downtown" Restaurant uses such as proposed are consistent with this type of commercial character. b. The proposed use's compatibility with present and future land uses of the area. Finding. The proposed restaurant addition will be complementary to existing uses on site, as well as surrounding commercial properties. The planned upgrades of the existing metal building and adjoining parking in conformance with the adopted OCT -19-1999 08:49 NAC 612 595 9837 P.Q8 standards is also highly positive for 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 conform to applicable performance standards of the Zoning Ordinance, unless variance or PUD flexibility is approved. d. The proposed use's effect upon the area in which it is proposed. Finding: The proposed expansion will be expected to have a positive effect on the commercial area in which it is located. 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. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: Additional traffic generated by the restaurant use can be accommodated by existing streets, provided that access issues to Park Avenue are addressed. 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 use is not anticipated to have a negative impact to the City's service capacity. a. The planning report dated 29 September 1999 prepared by the City Planner, Northwest Associated Consultants, Inc. is incorporated herein. 9. The memorandum dated 17 September 1999 prepared by the City Engineer, Hakanson Anderson Assocates, Inc., is incorporated herein. 10. The Otsego Planning Commission conducted a public hearing at their regular meeting on 4 October 1999 to consider the application, preceded by published and mailed notice. The Public Hearing was continued to 18 October 1999 to allow for a site inspection by the Planning Commission. Upon review of the application and the site inspection and other evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 5-0 vote that the City Council approve the PUD -CUP amendment. 2 OCT -19-1999 08:49 NAC 612 595 9837 P.09 Decision: Based on the foregoing information, plans received to date, applicable ordinances, recommendation of the Planning Commission and other evidence, the requested PUD -CUP amendment is hereby approved subject to the following conditions: a. The City Council approve a variance or an amendment pertaining to the side yard setback requirements or the site plan is revised to satisfy said requirements_ b. The site plan as necessary to provide the required number of parking spaces. Joint parking with the adjacent Tom Thumb shall require an access easement or permanent lease from that property. C. A landscaping plan providing additional perimeter plantings around the building and parking lot is submitted, subject to City Staff review and approval. d. A photometric lighting plan is provided illustrating the type, location and illumination of all site lighting, which shall conform to applicable City Ordinances subject to City Staff review and approval. e. An enclosure is provided for any exterior trash areas, subject to review and approval of the City Building Official. f. All exterior signage shall require a sign permit and conformance with Section 37 of the Zoning Ordinance. g. All grading, drainage and utility plans shall be subject to review and approval of the City Engineer. PASSED by the Otsego City Council this 25th day of October, 1999 CITY OF OTSEGO By: Larry Fournier, Mayor Attest: Elaine Beatty, Zoning Administrator/City Clerk 3 OCT -19-1999 08:50 NAC 612 595 9837 P.10 ATTACH LEGAL DESCRIPTION HERE EXHIBIT A TI • Date: October 20, 1999 To: Mayor & Council From: City Administrator Mike Robertson Re: Estimated City SAC & WAC Charges For proposed Hookups Rudy & Margaret Thibodeau are asking for their water & sewer hookup fees to be assessed (see enclosed letter). I thought I would provide the information on how their fees, as well as the other proposed developments (Fun City, Tom Thumb, & Christ Lutheran Church), are calculated. I have provided estimates for Sewer Access Charge (SAC) and Water Access Charge (WAC) charges. These estimates are based on the figures each applicant has provided for their building. The estimates are based on the City's estimated Residential Equivalency Charge (REC) of $7,729.00, which is based on the City's estimated costs to construct and maintain a sewer and water system. The estimates are also based on the Metropolitan Council Sewer Charge Manual, which has been adopted by the Council. FUN CITY 144 seat restaurant figured at one SAC/WAC charge per 22 seats (Met Council guidelines for fast food restaurant) equals 6.55 SAC/WAC. One SAC/WAC equals $7,729 so total SAC/WAC fees would be $50,624.95. This estimate was provided to the Thibodeaus about July 14, 1999. TOM THUMB Retail stores equal one SAC/WAC charge per 3,000 square feet. Tom Thumb equals 3,575 square feet. 3,575 divided by 3,000 equals 1.19 SAC/WAC. 1.19 times $7,729 equals $9,197.51 as their total SAC/WAC charge. This estimate was provided to Tom Thumb about September 23, 1999. CHRIST LUTHERAN CHURCH The space proposed by the Church is not a sanctuary, but will be used for meeting rooms. Meeting rooms equal one SAC/WAC charge per 1,650 square feet. The proposed Church addition equals 11,200 square feet. 11,200 divided by 1,650 equals 6.79 SAC/WAC. 6.79 times $7,729 equals $52,479.91. In addition, the existing building, consisting of a 200 seat Church sanctuary, would also be hooked to City sewer & water. Sanctuaries equal one SAC/WAC charge per 275 seats. 200 divided by 275 equals 0.73 SAC/WAC. 0.73 times $7,729.00 equals 5,642.17. Therefore, their total SAC/WAC charge would be $58,122.08. There also may be some meeting space in the existing church which is unaccounted for. The existing church plans should be provided so that they can be reviewed to see if the City is owed any additional hookup fees. cc: City Staff *) SEP -23-99 04:45PM FROM -CITY OF OTSEGO 09-23-1999 02:45PM FROM Cauri & MacArthur +6124418823 T-145 P 02/05 F-599 To 441BE323 r. bs ' OCT ► 8 6% . I ,L CITY ur OTSEGI.)6 COUNTY OF WRIGHT STATE OF MINNESOTA AGREEMENT AND ACKNOWLEDGMENT BETWEEN THE CITY OF OTSEGO AND PROPERTY OWNERS RELATIVE TO DELIVERY OF MUNICIPAL SANITARY SEWER AND WATER SERVICE ON A TEMPORARY BASIS AGREEMENT entered into this day of 1999 between the City of Otsego and1 cy"' 1 ^,k Cry the Owners of that real properly lying within the City and legally described as follows: (See Exhibit A) WHEREAS, the property owner(s), herein identified, has petitioned the City for delivery of sanitary sewer and water service on a temporary basis; and WHEREAS, the City has agreed to provide such temporary service provided that the property owner pays the costs for hookup and use of the facilities as determined by the Viry', and ai ; agPemPnt and WHEREAS, the provision of services on a temporary basis, as herein agreed, is not a permanent solution, and upon the proper circumstances the City will require a permanent connection to the facilities which will include additional costs to the property owner above and beyond those agreed to in this document; and WHEREAS, such additional charges may include, but are not limited to, additional connection charges along with an equitable share of the costs of any additional trunk or lateral facilities that need to be constructed in order to provide permanent service to the property and nearby properties, as well as any costs related to the discontinuance of the temporary service and connection to permanent facilities_ SEP -23-99 04:45PM FROM -CITY OF OTSEGO +6124418823 T-145 P.03/05 F-599 09-23-1999 02:46PM FROM Couri & MacArthur TO 4418823 P.04 THEREFORE, IT IS AGREED AS FOLLOWS BETWEEN THE PARTIES; 1. The City of Otsego will provide temporary sewer and water service to the described property upon receipt of the following amounts for construction of the facilities as well as for hookup and additional fees. A. An amount of S for sanitary sewer and water system connection charges based on service to the property with a use of resid=ual equivalent connections (RECs) at a cost of $7,758.00 per REC. B. An amount of S� for the cost of temporary facilities necessary to make connection - 2. At such time as permanent services are provided to the property, owners acknowledge that they will have to make any necessary conversion to permanent facilities as may. be required by the City at their own expense and will be required to pay additional costs for trunk and lateral service upon an equitable basis as determined by City ordinances and policies in place at the time that permanent services are provided, as well as any additional connection charges based upon any increased use of the property. 3. The property owner hereby agrees to pay any and all charges and/or assessments in full as set forth in No. 1, and waives any and all appeal rights of any nature of charges assessed, levied, or billed to the described real property. 4. Upon transfer of the property owner shall notify any purchaser of the provisions of this Agreement. The City may record this Agreement against the property and it shall run with the land and obligate any and all future owners. CITY OF OTSI�GO Dated: Larry Fournier, Mayor Elaine Beatty, City Clerk SEP -23-99 04:45PM FROM -CITY OF OTSEGO 09-23-1999 02:46PM FROM Court & MacArthur PROPERTY OWNER(S) COUNTY OF WRIGHT ) STATE OF MINNESOTA) +6124418823 T-145 P 04/05 F-599 TO 4418823 P.05 Subscribed and sworn before me this day of , 1999 by NOTARY PUBLIC DRAFTED BY: COURI & MACARTHUR 705 Central Avenue East PO Box 369 St. Michael; MN 55376 (612) 497-1930 09/10/1999 06:31 6124415176 JuL. 6.1999 9:58AM J WEICHT AND ASSCC PAGE 02 No.650 P.2/2 CITX OF e)TSEG.0 8849 Nashua Avenue N.E. ON THE GREAT RIVER ROAD �. (b12) 441. 813 Elk River. MN 55330 PETITION FOR PUBLIC IMPROVEMENT DATE: TO: City Councll, Clty of Otsego, Minnesota We, the owners of the following described or Identified real property, do hereby petition for the improvement as described herein, with the entire cost of such improvement, including Indirect or admilnistrative costs, to be assessed against our property. We hereby agree to pay all costs as may be Incurred by the City, and to pay the entire project cost as apportioned by the City to each property. The improvement and assessment shall be as authorized by Minnesota Statutes Chapter 479. A) Description of the requested.improvament: i�►/li� D J. Rj List of Owners arid Properties Sign of Property I.D. Property Address i -Nole- to Prvpertywners: i yourma ng a dress s tferent than a property sddress, P19"&provide a mailing address on the reverse side of thls petition, c) calldflcatlon. by City C"!Or k This petition was 'received on the date Identified below. I have reviewed the nature of the requested improvement and find that the signatures and properties identified above appear to be located such as to beneM from the requested improvement and that the total number of property owners signatures appear to represent approximately % of the probable benefited parcels or approximately % of the probable benefited property frontage. tsego City Clerk Oats: L) N, N, 199911 CAShW8\MuNc4p01\A0Tsr:ao\-9oiv wiPPt.doo JUL. 6.1999 9:58AM NO. 650 P. 2/2 CITY OF QPIRSEGO 8899 Nashua Avenue N.E. ON THE GREAT RIVER ROAD (612) 441.4414 Elk River, MN 55330 Fax: (612) 441$843 PETITION FOR PUBLIC IMPROVEMENT DATE: TO: City Council, City of Otsego, Minnesota We, the owners of the following described or identified real property, do hereby petition for the improvement as described herein with the entire cost of such improvement, including indirect or administrative costs, to be assessed against our property. We hereby agree to pay all costs as may be incurred by the City, and to pay the entire project cost as apportioned by the City to each property. The improvement and assessment shall be as authorized by Minnesota Statutes Chapter 429. A) Description of the requested Improvement: 7-,-) ,E- / az-'c 4" rom y/✓!ern'q B) List of Owners and Properties Signature of Owners Property I.D. Property Address / C e /!8-038-Ua/as,16 cloo —r— (Vote to Property Owners: If your mailing address is different than the property address, please provide a mailing address on the reverse side of this petition. C) Certification by City Clerk This petition was received on the date identified below. I have reviewed the nature of the requested improvement and find that the signatures and properties identified above appear to be located such as to benefit from the requested improvement and that the total number of property owners signatures appear to represent approximately -S`O % of the probable benefited parcels or appy ximately % of the probable benefited property frontage. sego City Clerk Date; f �� - Z 1999 CAShareWlunlclpsMOTS EGOWOI1 ot8o1PPI,doc SEP -23-99 04:39PM FROM -CITY OF OTSEGO 09-23-1999 02:46PM FROM Court & MacArthur PROPERTY OWNER(S) COUNTY OF WRIGHT ) STATE OF MUMSOTA) Subscribed and sworn +6124418823 T-144 P.04/05 F-598 TO 4 ISK3 P. eS me this / day of 0 ��o , 1999 by - m170-7—,10/1 GSANDRALWEIGHT ARY PUBLIC NOTARY KKC - sov► my Comm. Exp. Jan. 31, 2005 DRAFTED BY: op COURI & MACARTHUR 705 Central Avenue East PO Box 369 St Michael, MN 55376 (6 l2) 497-1930 I Hakanson Anderson Assoc., Inc. ,vil & Municipal Engineering Land Surveying September 17, 1999 Mike Robertson, Administrator City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Fun City and Tom Thumb Dear Mike. Sc? Z 0 19 3601 Thurston Avenue Suite 101 Anoka, Minnesota 55303 612/427-5860 612/427-0520 Fax We have reviewed the plan prepared by John Oliver & Associates for the above- mentioned reconstruction of parking lot and drainage facilities. The current proposal removes the ditch and culverts on the east and north side of the Fun City property. A parking lot with curb and gutter is proposed. The runoff from the parking will flow to a low point between the Tom Thumb and Fun City property. It appears that '/2 of the parking lot drainage will flow to the spillway, which then goes direct to the street ditch. The west side of the parking lot flows to a spillway where it passes into a ditch in back of the Tom Thumb. Both directions provide little, if any storage of storm water runoff. The storm water will flow into the street ditch. The elevation of the culvert under CSAH 42 at 861.4 does not provide adequate flow conditions to the outflow storm water to the large pipe under CSAH 39 and TH 101. The storm water is forced into the street ditch within the R.O.W. area in the northwest corners of CSAH 39 and 42, where during heavy rainfalls will cause ponding. The proposed revision to the existing drainage plan appears to be a step backwards. There is no water quality consideration in the proposal. The proposal does not meet the current Sturmwater Practices guidelines in the City's Engineering Manuai. As per the council's direction, we are getting information together to address the stormwater runoff needs in the area. The study, if ordered, will take at least 4 weeks to complete for council review. The conclusion will most likely be to establish a stormwater facilities impact fee over the area to make the necessary improvements. Should the city ultimately order the necessary improvement, the present site condition will have to serve the needs until that happens with the potential flooding problems. \\Ha01\shared docs\Municipal\AOTSEGO\2203\ot2203mr1.doc Mike Robertson Page 2 September 17, 1999 At this time we are not able to recommend approval of the site drainage. If you have questions, please call me. Yours tru N,ANDERaQN ASSOCIATES, INC. hak, PE lcik cc: Elaine Beatty, Clerk Dan Licht, NAC Andy MacArthur, Attorney John Oliver & Associates John C. Weicht & Associates \Wa01\shared docs\MunicipaMOTSEGO\2203\ot2203mr1.doc Hakanson Anderson Assoc., Inc. NORTHWEST ASSOCIATED CO U.LTAN----. INC COMMUNITY PLANNING - DESIGN - MAR `EJ �: fj OCT 1 8699 J PLANNING REPORT TO: Otsego Mayor and City Council Otsego Planning Commission FROM: Daniel Licht DATE: 12 October 1999 RE: Otsego - Christ Lutheran Church; Expansion Site Plan Review FILE NO.: 176.02 - 99.21 EXECUTIVE SUMMARY Background Christ Lutheran Church has submitted site and building plans for an 11,200 sq. ft. expansion of the existing facility at 15849 NE 90th Street (southeast quadrant of CSAH 39/CSAH 42). The expansion includes space for additional classrooms, nursery and multiple purpose areas. The expansion is the first phase of a planned expansion of the Church facilities. The 15.6 acre parcel is guided for institutional use by the 1998 Comprehensive Plan Update and is zoned INS, Institutional District. Religious institutions are a permitted use in the INS District. As such, only site and building plan approval is required due to the subject parcel's location adjacent to Trunk Highway 101. Attached for Reference: Exhibit A: Site Location Exhibit B: Site Plan Exhibit C: Floor Plans Exhibit D: Building Elevations 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK. MINNESOTA 554 1 6 PHONE 612-595-9636 FAX 612-595-9837 E-MAIL NAC@WINTERNET.COM Recommendation The Planning Commission and City Council have the following alternative actions to consider for this application. The proposed expansion of the Christ Lutheran Church building is generally consistent with the performance standards outlined in the Zoning Ordinance. Based upon a review of the site and building plans to adopted Ordinances and policies, our office recommends approval of the site plan as outlined under option A below. A. Motion to approve site and building plans for Lot 1, Block 1 MRD Christ Lutheran Church Addition, subject to the following conditions: 1. The subject site is developed in substantial conformance with the following plans on file with the City of Otsego, except as may be modified herein: a. Site Plan dated 28 September 1999 2. The building facade is revised such that not more than 50 percent of any one wall is metal lap siding. 3. The landscape plan is revised to identify the type of proposed plantings and provide additional plantings to screen the proposed and anticipated parking area, subject to review and approval of City Staff. 4. The applicant provide additional information regarding existing and proposed uses to determine required parking, subject to City Staff review and approval. 5. All site lighting is hooded with a 90 degree cutoff and directed so as not to cause glare to the public right-of-way or adjacent properties. 6. The proposed trash enclosure is subject to review and approval of the City Building Official. 7. All grading and drainage plans are subject to approval of the City Engineer. 8. A utility plan is submitted subject to review and approval of the City Engineer. 9. Comments of other City Staff. B. Motion to deny site and building plans for Lot 1, Block 1 MRD Christ Lutheran Church Addition based upon a finding that the proposed plans are inconsistent with the provisions of the Zoning Ordinance. Planning Report - Christ Lutheran Church Page 2 C. Motion to table the application (specific direction should be provided to the applicant and/or City Staff regarding additional information, changes, etc.). ISSUES ANALYSIS Performance Standards. The following table illustrates applicable performance standards required for development in the INS District. Building Materials. The proposed building expansion is proposed to be finished with metal lap siding with a consistent appearance with that of the existing structure. No colors have been specified, but will be required to be similar to that of the existing structure. Section 20-17-4.13 of the Zoning Ordinance states that metal finishes on buildings within the INS District (as well as all commercial districts) are limited to not more than 50 percent of any wall. The intent of this provision is that the building facade be constructed of durable, low maintenance materials such as brick, decorative concrete block, etc. However, the provision does not preclude the use of wood lap siding. Based on the existing regulation, the applicant will revise their plans to provide wood siding in place of the proposed metal. Subsequently, it is anticipated that the applicant would seek approval of a conditional use permit to allow use of 100 percent metal lap siding. Because of the public hearing requirements, the necessary CUP cannot be considered concurrently with this application. Landscaping. Proposed landscaping has been illustrated on the submitted site plan. The planting schedule does not detail the type of plants to be installed and must be specified. Additional landscaping should be provided to better screen the parking area. Given that the existing and proposed parking may ultimately be eliminated by planned future expansions, we would recommend that additional landscaping be provided in consideration of the ultimate build out of the project. Installing landscaping now that will benefit the property in the future will allow for the plants to establish and grow, providing more effective screening at completion of the phased expansion. Planning Report - Christ Lutheran Church Page 3 Lot Area Lot Width Building Setbacks Parking Setbacks Front Side Rear Front/Rear Side Required 3 ac. n/a 65 ft. 50 ft. 65 ft. 15 ft. Proposed 10.6 ac. - - 163 ft. 90 ft. 340 ft. 200 ft. 35 ft. Building Materials. The proposed building expansion is proposed to be finished with metal lap siding with a consistent appearance with that of the existing structure. No colors have been specified, but will be required to be similar to that of the existing structure. Section 20-17-4.13 of the Zoning Ordinance states that metal finishes on buildings within the INS District (as well as all commercial districts) are limited to not more than 50 percent of any wall. The intent of this provision is that the building facade be constructed of durable, low maintenance materials such as brick, decorative concrete block, etc. However, the provision does not preclude the use of wood lap siding. Based on the existing regulation, the applicant will revise their plans to provide wood siding in place of the proposed metal. Subsequently, it is anticipated that the applicant would seek approval of a conditional use permit to allow use of 100 percent metal lap siding. Because of the public hearing requirements, the necessary CUP cannot be considered concurrently with this application. Landscaping. Proposed landscaping has been illustrated on the submitted site plan. The planting schedule does not detail the type of plants to be installed and must be specified. Additional landscaping should be provided to better screen the parking area. Given that the existing and proposed parking may ultimately be eliminated by planned future expansions, we would recommend that additional landscaping be provided in consideration of the ultimate build out of the project. Installing landscaping now that will benefit the property in the future will allow for the plants to establish and grow, providing more effective screening at completion of the phased expansion. Planning Report - Christ Lutheran Church Page 3 Parking. The Zoning Ordinance (Section 20-22-9.1) requires churches to provide one parking stall per four seats based upon the design capacity of the main assembly room, plus one stall per employee. Other accessory uses within the church are subject to other applicable parking requirements. Based upon a design capacity of 312 in the main assembly area of the existing building, 78 stalls are required. As part of the project, the applicant is proposing to expand the parking lot to add 38 additional parking spaces to the existing lot for a total of 141 stalls, a surplus of 63 stalls based upon the use of the main hall. More detailed information regarding the uses in the existing building and use of the multiple purpose room is required to determine if the proposed supply is adequate to meet parking demand. The issue may ultimately require that the applicant set aside additional parking area as proof -of -parking, to be installed at a later date if a need is determined. Concrete curb is proposed to be included around the new portion of the parking lot. The building expansion does provide the City an opportunity to require this non -conforming situation to be addressed. However, the Church's ultimate development plan anticipates relocating the parking lot. Therefore, unless the City Engineer determines the curb is necessary for drainage purposes, the Planning Commission and City Council may only the require that curb be provided on the new portion of the parking lot. A concern with this approach is that no time table has been provided for the Church's expansion plans. Lighting. The submitted site plan indicates that one light pole at the east edge of the existing parking lot is to be relocated to the edge of the additional parking surface being added to the site. The existing light may be relocated provided that the light source is completely hooded and directed so as not to cause glare to adjacent parcels or the public right-of-way. Trash. The submitted site plan shows a location for an exterior trash enclosure and provides details of the enclosure. The design and construction of the enclosure are subject to review and approval of the City Building Official. Grading and Drainage. The site plan indicates proposed grading contours for the subject site. The proposed grading and drainage plan is subject to review and approval of the City Engineer. Utilities. The existing church is currently served by individual well and septic systems. The property is within the sanitary sewer service district and sewer and water lines have been extended to the Bank of Elk River property to the west. The applicant has not petitioned for sanitary sewer and water service and no utility plans have been submitted. The City Council will ultimately need to approve the utility plan for the project, subject to review of the City Engineer Planning Report - Christ Lutheran Church Page 4 CONCLUSION The proposed expansion of the Christ Lutheran Church building is generally consistent with the performance standards outlined in the Zoning Ordinance. Site issues that must be addressed include additional landscaping, as well as City Engineer approval of the grading. The proposed building materials is also an issue to be resolved. Our specific recommendation regarding this application is outlined in the executive summary of this report. PC. Mike Robertson Elaine Beatty Larry Koshak Andy MacArthur Timothy Steinbeck Carey Lyons Planning Report - Christ Lutheran Church Page 5 �8 N►. C VV ON THE GREAT RIVER ROAD k OCT -19-1999 06:50 NAC 612 595 9837 P.11 NF,Nc MEMORANDUM TO: FROM: DATE: RE: FILE NO.: NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PI-ANNING - DESIGN - MARKET RESEARCH Otsego Mayor and City Council Daniel Licht 19 October 1999 Otsego - Christ Lutheran Church; Site Plan Review 176.02 - 99.21 Please be advised that the Planning Commission reviewed the site and building plans for the proposed expansion of Christ Lutheran Church at their meeting on October 18, 1999. The Planning Commission discussion was limited to questions pertaining to the anticipated CUP application to allow metal lap siding to be used on the new portion of the building. The Planning Commission noted that this location is a highly visible entrance into the community and that this building will set the standard for future development in this area. As such, the materials and architectural design of the building and site should be of a high quality and aesthetic standard. The Planning Commission also discussed the Church's long-term expansion plans and how the site would be expected to layout at full development. The applicant indicated that it was their intention that the Church would connect to the sanitary sewer and water systems. The particulars of the connections must be worked out yet with the City Engineer. The Planning Commission recommended approval of the site and building plans by a 5-0 vote. A findings of fact reflecting the Planning Commission recommendation has been prepared and is attached as Exhibit A. PC- Mike Robertson Elaine Beatty Andy MacArthur Larry Koshak 5775 WAYZATA DOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 612-595-9636 FAX 612-S95-9837 E-MAIL NAC WINTERNET.COM OCT -19-1999 88:51 NAC CITY OF 0 T S E G 0 WMGHT COUNTY, MIlVNESOTA Applicant's Name: Christ Lutheran Church 612 595 9837 P.12 10-19-99 Site and Building Plan Review Findings of Fact & Decision Request: Site and building plan review for an 11,200 sq_ ft. expansion of the existing facility at 15849 NE 90th Street (southeast quadrant of CSAH 39JCSAH 42). The expansion includes space for additional classrooms, nursery and multiple purpose areas. The expansion is the first phase of a planned expansion of the Church facilities. City Council Meeting Date: 25 October 1999 Findings of Fact: Based upon review of the application, the recommendation of the Planning Commission and evidence received, the City Council of the City of Otsego now makes the following findings of fact: 1. The legal description of the property is: See attached EXHIBIT A. 3. The property lies within the Sanitary Sewer Service District as identified in the 1998 Comprehensive Plan Update. 4. The property is guided for institutional development by the 1998 Comprehensive Plan Update and is zoned INS, Institutional District. 5_ Religious institutions are a permitted use in the INS District. 6. The proposed use satisfies applicable performance standards of the INS District and Zoning Ordinance. 7. The planning report dated 12 October 1999 prepared by the City Planner, Northwest Associated Consultants, Inc. is incorporated herein. 8. The memorandum dated 15 October 1999 from the City Engineer, Hakanson Anderson and Associates, Inc., is incorporated herein. 9. The Otsego Planning Commission reviewed the site and building plans at their regular meeting on 18 October 1999. Upon review of the application and evidence received, the Otsego Planning Commission recommended by a 5-0 vote that the City Council approve the site and building plans based on the aforementioned findings. OCT -19-1999 08 52 NAC 612 595 9837 P.13 Decision: Based on the foregoing information and applicable ordinances, the site and building plans for Christ Lutheran Church are hereby approved based on the most current plan and information received to date, subject to the following conditions: 1. The subject site is developed in substantial conformance with the following plans on file with the City of Otsego, except as may be modified herein: a. Site Plan dated 28 September 1999 b. Floor Plan dated 3 September 1999 C. Building Elevations dated 2. The building facade is revised such that not more than 50 percent of any one wall is metal lap siding. 3. The landscape plan is revised to identify the type of proposed plantings and provide additional plantings to screen the proposed and anticipated parking area, subject to review and approval of City Staff. 4. The applicant provide additional information regarding existing and proposed uses to determine required parking, subject to City Staff review and approval. 5. All site lighting is hooded with a 90 degree cutoff and directed so as not to cause glare to the public right-of-way or adjacent properties. 6. The proposed trash enclosure is subject to review and approval of the City Building Official. 7. All grading and drainage plans are subject to approval of the City Engineer_ 8. A utility plan is submitted subject to review and approval of the City Engineer. PASSED by the Otsego City Council this 25th day of October, 1899 Attest: CITY OF OTSEGO Larry Fournier, Mayor Elaine Beatty, Zoning Administrator/City Clerk v I•, > � �� _ I' �='E 'cif �; �'p�� j�;� z s j o $ ` I-_• -•_....•. t: ; x� it = r = its 4 m � _i N ..A t ...y"y� iS ; I � I �^� e ' ��"' ;moi �% � ' .•.��'� ��' ,- qr F��. _- •� 7as t,x I•, > � �� _ I' �='E 'cif �; �'p�� j�;� z s j o $ ` I-_• -•_....•. t: ; x� it = r = its 4 m � _i N 0 of U W 0—jr, pl) Q gae,r� � - SFe � — til 144 $1 T A NEW N.li ION _.!(P•.9 = CHRIST LUTHERAN CID CHURCH - m Olse'lo. molnesolo I: L t P 9 ? Z L�lii {scr�o3nii -11'N/:1'IM•I YNAI'u14Nll:�. 4N i�A.viYNw» Al<llllT/:17': �.'�IMTNM 7nN:: � YANM:AN:� 1 1 1 L VANMAN COMPANIES Z L�lii -11'N/:1'IM•I YNAI'u14Nll:�. 4N i�A.viYNw» Al<llllT/:17': �.'�IMTNM 7nN:: � YANM:AN:� !IA C�llt ________ ____________ L--------- ----- --------------- � ` CHRIST LUTHERAN CHURCH WIN EA14114s. UN Sf�,lj� 0 Otsego, Minnesota AIWIlln M. - (70 0 .......... T "A AW flutimmG Wit x CHRIST LUTHERAN CHURCH �Olseqo. maIms.t" 41 �uxtVANMAN ('('I['ANII- I 1A-1l.-ymomMiof.mi."Ml 1.1.I N1:. M "Ilt . .... ..... A illAssoc.,Inc. Hakanson Anderson vil & Municipal Engineering Land Surveying October 15, 1999 Mike Robertson, Administrator City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Christ Lutheran Church Dear Mike, w/' F,�grr7-1,�7 OCT 1 91999 01 Thurston Avenue ite 101 oka, Minnesota 55303 2/427-5860 2/427-0520 Fax We have had an opportunity to review the site plan for the expansion of the church facilities. Our comments and concerns follow: STORMWA TER DRAINAGE The applicant will be required to prepare for approval a Stormwater Management Plan. The City's engineering manual contains the policy that applies. The property is in the North Mississippi Stormwater Drainage District. This District has several outlets to the Mississippi River. This particular sub -district discharges into the Mn/DOT culvert and ponding system installed at TH 101 & CSAH 39 in recent years. The facilities appear to be capable of handling the 100 -year storm event without rate control. Ponding of the 100 -year storm is therefore not required, however, the NURP ponds or water quality ponds are required. The entire existing site and proposed expansion will be subject to water quality treatment for storm water runoff. TRAFFIC Presently the flow of traffic is entering and leaving the facilities is via 881h Street and CSAH 39. As a reminder Wright County Highway Department with our concurrence have determined that when the intersection of CSAH 39 & 42 is signalized, the crossover on CSAH 39 will be closed. At that time the entrance used by the bank and church will be a right in — right out only. The crossover would interfere with the stacking capacity on the westbound lanes in CSAH 39. Therefore, more church traffic will need to use 88th Street. \\Ha01\shared docs\Municipal\AOTSEGO\2205\ot2205mr1.doc Mike Robertson Page 3 October 15, 1999 The expansion of the church has been reviewed in the past upon the initial presentation to the Council and staff. At that time, 88th Street was considered the primary street for access and utility services. If you have any questions, please contact me. Yours tru /clk ANDERSON ASSOCIATES, INC. hak, PE Andy MacArthur, Attorney Dan Licht, NAC Christ Lutheran Church Vanman Const. Co. \\Ha01\shared docs\Municipai�AOTSEGO\2205\ot2205mr1.doc Hakanson Anderson Assoc., Inc. Li2 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: 7. Larry Koshak, City Engineer: Elaine Beatty, City Clerk/ October 25, 1999 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 7.1. Gene Jones, Jr., Maguire Iron - Update on Water Tower 7.2. Discussion of Otsego Creek Items Between 83RD ST & Mason Ave A. Randy & Karen Pouliot Letter 7.3. Any Engineering Business BACKGROUND: 7.1., 7.2. above information on same is attached from Larry Koshak, City Engineer. Mr. Koshak will attend this meeting and be available to answer questions. See Attached Information} 7.3. Is for any other Engineering Business that should arise. RECONLMENDATION: This is for Council consideration and approval where necessary. Th s laine �� P.O. BOX 1446 `2 N 0 ZI �` SIOUX FALLS, SD 57101 (' 1 ,� PHONE (605) 334-9749 V ; + FAX (605) 334-9752 �! �y�AFTER HOURS (605) 334-0029 OCT3 1.7pp t1� �'I www.maguireiron.com iguire Iron, Inc. WATER TOWER SPECIALI October 6th, 1999 City of Otsego Mike Robertson - City Administrator 8899 Nashua Avenue, NE Otsego, MN 55330 Dear Mike, I am writing to update our schedule and to notify you of a change in our painting subcontractor. Our new painting subcontractor will be Diversified Coatings from O'Fallon, IL. We have worked with them on previous projects and are very confident of their work performance. Their plan is to mobilize equipment on or about 10/8/1999. The personnel will arrive and start rigging the tank on or about 10/11/1999. Our focus for tank painting will be the interior wet and dry surfaces. If weather allows we will attempt to complete the exterior. As discussed during our site visit we can put the tank in service this fall if there is a need however, if you do not need the tank, we would recommend not putting it in service until next spring. This is due to the potential for tank freezing, based on minimal usage. The electrical portion of the project is being performed this week- Please eek Please contact me with any questions or comments Sincere ene onesJJMaguire Ir President GJJ/vlp Cc: Lawrence Koshak - Hakanson Anderson Assoc., Inc. • Water Tanks and Towers • Fabricating • Erecting • Repairing • Painting • New and Used Tanks City of Otsego Mayor Fournier City Council Members Oct. 18, 1999 We wish to state our concerns regarding the road improvement project along Mason and 83rd avenues. Of particular concern to us is the replacement of the 60" corrugated steel culvert with a larger arch -type concrete culvert under 83rd, and the replacement of two 16" corrugated steel culverts with two 24" cement culverts at separate locations along Mason Ave. We are concerned that an increase in flow, rate, and volume will cause failure of our driveway, and that the failure of the City of Otsego to replace the existing _SW 7� concrete culvert under 87th ave. with one capable of handling the increase in flow will cause us to lose the use of crop land due to flooding. We feel it is unfair for the City of Otsego to increase water flow onto our land while neglecting to provide a correctly sized outlet, and fear it will cause us financial harm in the future. We operate a small dairy farm, and any interruption of milk truck traffic next spring would burden us financially. The City of Otsego should correct these problems this fall rather than wait until after the damage is done next spring. Si�ly�. Rafndy an Karen Pouliot 8457 Mason Ave. ST. CLOUD DNR TEL :320-255-3999 Oct 25'99 14:29 No . Oi- 4 P . Oi October 25, 1999 Mike Robertson City of Otsego 8899 Nashua Av NE Otsego, MN Dear Mr, Robertson: Minnesota Department of Natural Resources f' DNR WATERS 940 INDUSTRIAL DR., #103, SAUK RAPIDS, MN 56370-1235 Phone No. (320) 255-2976 Calvert Replacement 83r4 St, Otsego Creek, City of Otsego I was visited by the Pouliot's this morning regarding the potential impacts to their property associated with the already completed culvert replacement. I was asked to provide some comments, since there is apparently a council meeting this evening regarding this matter. I also contacted the City Engineer to discuss this matter prior to sending these comments to you, I understand that there have been previous plans submitted and that a permit was issued by this office for replacing several culverts and for stream matrilenanee work. This work was never completed and the permit expired. Therefore, the new culvert under 831 has now been permitted as a single project. Simply stated, the concern at this point is that if the original project involved replacing a number of culvorts and cleaning of the channel in order to accomplish the goals, then it does not seem reasonable to replace the culvert with a larger size on the upstream end and not do the other previously associated actions. Since, the City's engineering firm did the original hydraulic& (HEC2) on this system, I would suggest that the modeling be redone, to simply show the new condition. This would provide a basis for any further discussions on any potential mpact on the downstream landowners. This modeling would be very simple and inexpensive to run since all of the model has already been constructed and the only change would be for the existing conditions to be run with only the single culvert replacement. If the model results indicated a significant impact to the downstream landowner, there may be several options that could be pursued such as, upgrading the driveway crossing, purchasing a flood easement, or reinstalling the same s6w pipe crossing on 83"x. There is also some possibility that some of these low areas could be used as flood storage and enrolled in an easement program. I also have suggested that the real potential impact of this project is at the lower flow elevations. Since the new pipe greatly increases the low flow efficiency there is more potential for the more frequent, nuisance floods to occur. This may be more of an issue than the high flow, and there maybe easy mitigative measures such as additional ponding that could be used to address this. I am willing to work with all the parties if necessary to help come to a reasonable conclusion. Please let me know I can be of any further assistance. Sinere" Larry amka Area Hydrologist c. David Hills, Regional Hydrologist Larry Koshak, City Engineer Randy & Karen Pouliot DNR Infornintion: 612-296-6157,1-800-766-6(M • 17Y: 612-296-5484,1-800-6.57-39n9 An Equal Op)wrtunity Employer Printed on Rttyelcd Paprr Containing, a Whu Value. Piveraity O Minimum of 10%, Poet-Con.u,ner Waste "Helping you protect Minnesota's water resources" Hakanson Anderson Assoc., Inc. it & Municipal Engineering Land Surveying CITY OF OTSEGO CITY ENGINEER COUNCIL AGENDA ITEMS COUNCIL MEETING 10/25/99 ITEM 7.1 UPDATE ON WATER TANK AND TOWER 3601 Thurston Avenue Suite 101 Anoka, Minnesota 55303 612/427-5860 612/427-0520 Fax Gene Jones Jr. of Maguire Iron will attend the meeting and address the issues of completion and scheduling remaining work. The painting company, Diversified Coatings, is currently on the job and working. ITEM 7.2 OTSEGO CREEK (between Section 30 Wetland and Mason Ave. Culvert) Our office reviewed the past studies and recommendations made to Council and Otsego Creek Authority in 1995. At that time, public hearings were held to attempt to initiate a project in this reach of the creek. The project was rejected at that time. We have an attached memo prepared by John Harwood of our office that summarizes the present conditions. ITEM 7.3 ANY OTHER ENGINEERING BUSINESS Progress Reports on Projects COP #98.02 Pumphouse #1 This project is to be substantially completed by 11/15/99. A recent revised schedule from EnComm Midwest indicates that schedule will be met except for the generator, which is not available until February 2000. COP #98.03 Water Tower and Tank An update was received earlier in our agenda from Maguire Iron. City Engineer Council Agenda Items Page 1 of 3 October 20, 1999 IWa0llshared docsWunicipaAAOTSEGO19011o1901agendal0-25-99.doc COP #98.04 Trunk Sanitary Sewer and Watermain Barbarossa and Sons has provided us with a projected schedule to complete the trunk sewer and water project. The primary remaining work is in the intersection of Parrish Avenue and 901h Street. The last of the utility work, which will be near the Tom Thumb store, is scheduled for completion by November 5th. The key restoration component is the asphalt, which is scheduled for the first week in November. The contractor is finished with work on Quaday Avenue. We expect the gas and phone line relocation to be finished this week so restoration near the VFW and Big Ed's can be completed. For the most part, the restoration looks very good. The areas east of CR 42 where the deep trunk sewer was constructed looks very good. Some of the areas east of the Zachman, Cota and Sebeck residences are wetlands that will revert to being wet next spring, and will naturally revegetate. The contractor is still doing erosion control and vegetation restoration. The work will be completed this year with the germination, growth and warranty period extending into next spring. The electric panel, controls and equipment for the lift station is still being installed. COP #98.05 Odean Avenue POTENTIAL ODEAN SCHEDULE Wright -Hennepin should have had poles moved by October 21, 1999, with Bresnan Communications moving their lines within the next two days. R.L. Larson, the earthwork contractor, should be in to finish the grading of subbase early in the week of October 21, 1999. This should take approximately half a week. Class 5 base would then be hauled and placed, which should take 2 days. Curb would then be placed late that same week, with asphalt base being placed in the first week of November. This schedule would be dependent upon good weather. Dormant seeding of the 85th St. Pond area is to have been completed on October 20,1999. COP #99.01 1999 Street Improvements (See attached Memo) City Engineer Council Agenda Items Page 2 of 3 October 20, 9999 W-WAlshared docs%lunicipaAA0TSEGOM11ot901agenda 10-25-99.doc Hakanson 1111 Anderson Assoc., Inc. COP #99.02 78" Street and Page Avenue and Quaday Avenue For the 78th Street project, the contractor has almost completed the subgrade preparation work. This has included stripping of all topsoil. Constructing new Quaday Ave. at County Road 42 and moving the dirt within the right-of-way as required for cut and fill to design grade. Work will now shift to utility installation. The contractor is installing the dewatering equipment along the west side of Quaday and the south side of 78th. As soon as the groundwater is lowered, the work on the trunk sanitary sewer will start. This should be near the 1St of November. Work will continue until snow or very cold weather causes a halt. We will have a gravel surface on Quaday as soon as possible with traffic then permitted on the east half of the new roadway. City Engineer Council Agenda Items Hakanson Page 3 of 3 Anderson October 20, 1999 Assoc., Inc. MaMshared docslMunicipaAA0TSEG01901WOO 1agenda 10-25-99.doc Hakanson Anderson Assoc., Inc. ITEM 7.2 it & Municipal Engineering Land Surveying MEMORANDUM TO: Lawrence G. Koshak, PE FROM: John A. Harwood, PE, Design Engineer DATE: 10/20/99 RE: Otsego Creek North of 83rd Street 3601 Thurston Avenue Suite 101 Anoka, Minnesota 55303 612/427-5860 612/427-0520 Fax Mr. Randy Pouliot, 8457 Mason Avenue, has asked for data on the recently completed culvert replacement under 83rd. We are replacing the existing corrugated metal culvert with a new concrete arch pipe. The replacement culvert will not cause an increase in the flow rate in Otsego Creek. The purpose of the new culvert is to lower the water surface elevation during high flow conditions so as to reduce the amount of land subject to flooding. The rate of flow in Otsego Creek is controlled by the elevation of water in the "Section 30" wetland (DNR 86-351W) which is located about '/4 mile south of 83�. Street. There is an overflow "sill" at the north end of the wetland with a ground or runout elevation of 919.10. The location is shown on Exhibit A attached. The predicted 100 -year flood elevation in the wetland is elevation 922.8. Water flows out of the wetland at a depth of 3.7 feet, which correlates to about 128 cubic feet per second (cfs) of flow. The old 60 - inch diameter culvert under 83rd Street required a headwater flow depth just south or upstream of the culvert of about 5 '/2 feet to convey the 128 cfs of flow. This depth causes water to spread overland with some water flowing over 83rd Street at a low point east of Mason. The new culvert end area is larger than the old 60" CMP. Primarily, the new culvert is wider since it is an arch pipe. This new culvert can convey the 128 cfs of flow with a water depth of 3.8 feet thus reducing the flooding south of 83rd Street. The replacement culvert will not increase the flow in the creek. That flow rate is controlled at the wetland. The old culvert conveyed the 128 cfs with a water depth of about 5 '/2 ft. over the inlet and a water depth of about 3 '/2 ft. at the outlet. The new culvert will convey the 128 cfs of flow at a depth of near 3 '/2 ft. at both the inlet and outlet. The new culvert will not change the extent of flooding that occurs downstream of 83rd The existing ditch through this area is quite narrow, is not straight and is choked with vegetation. Hydraulic modeling predicts a flow depth of between 4.6 to 5.1 feet for the 128 cfs through the area between 83rd Street and the Pouliet driveway. This flow depth spreads over the entire wetland area and rises to an elevation equal to the driveway surface. In 1995, the Otsego Creek Authority requested permission from the DNR to \\Ha01\shared docs\Municipal\AOTSEGO\409\ot409lk1.doc Larry Koshak Memo, Page 2 October 20, 1999 improve this ditch section so as to lower the high water depth to the 3.8 ft. to 4.0 ft. range. That permission was not granted. Attached Exhibit B shows the typical existing cross-section with its 5 '/2 foot flow depth and the proposed creek cross-section with a projected 3.8 foot depth. In previous hydraulic modeling, we identified that the driveway culvert under the Pouliet farmstead is undersized for the design flow and that the two existing culverts require a headwater depth of almost 6 ft. to convey the 128 cfs of flow. This water elevation is 4" to 6" higher that the driveway surface. We recommended driveway culvert replacement with installation of two arch pipes having a 36 inch height and 58 inch span. These two pipes would be able to convey the design flow through a wider area, thus resulting in a lower flood elevation. The previous hydraulic modeling showed that the existing 72 -inch concrete culvert under 87th Street is properly sized for the design flow. The culvert does not need replacement based on hydraulics, but is in poor condition. Its replacement should be programmed. When replaced, we recommend use of a 72 -inch equivalent arch pipe. This pipe will have the same conveyance capacity as the existing pipe but due to added width will help lower the flood elevations on adjacent property. The final aspect of the creek evaluation was a recommendation to clean Otsego Creek between the Section 30 wetland and 87th Street. The work to clean the segment upstream of 83rd and the segment downstream of the Pouliet driveway was approved in 1995. This ditch cleaning has not yet been done and should be pursued. The ditch cleaning from 83rd Street to the Pouliet driveway was not permitted. The position of the DNR is that the land adjacent to this reach of the creek is a wetland and the proposed ditch work might destroy the wetlands. The problem with all Otsego Creek ditch cleaning and culvert work is the financing. Ditch cleaning is a general benefit to all properties in the watershed and can be funded by everyone via a watershed tax or an assessment after public hearings. The culvert replacement in a private driveway is an individual cost of the property owner. For 83rd Street, the City owns the culvert. For the Pouliet driveway or other private roads, the culvert is the responsibility of the property owner. \\Ha01\shared docs Wtunicipal\AOTSEGO\409\ot409lkl.doc Hakanson Anderson Assoc., Inc. Hakanson Anderson Assoc., Inc. iii & Municipal Engineering Land Surveying MEMORANDUM ITEM 7.3, COP #99.01 TO: Mike Robertson, Administrator Elaine Beatty, Clerk Lawrence G. Koshak, PE, City Engineer Dan Ramer, Bauerly Bros., Inc. FROM: Ronald J. Wagner, PE, Project Engineer DATE: October 19, 1999 RE: Otsego Overlays 3601 Thurston Avenue Suite 101 Anoka, Minnesota 55303 612/427-5860 612/427-0520 Fax On October 18th, Dan, Larry & I reviewed the overlay project to determine the shouldering type which would be most cost effective and logical. ThP following was the recommended procedure: SUBDIVISION NAME WORK TO BE DONE PROPOSED SCHEDULE Halls Addition Correction of Joints & DW's and Next Spring — warmer weather pavement surface imperfections Shouldering w/topsoil, seeding Next Spring Radius or any Drop Offs — fill with This Fall bad Cl 5, reclaimed asphalt or use extra dirt from Odean Ave. Removal of Bad Cl 5 in This Fall driveways and replaced with good Cl 5 Deer Field Acres and Hidden Shouldering with Topsoil Next Spring Valley Otsego Acres Shouldering with Topsoil Next Spring Vasseurs Oak Grove 3 & 4 Shouldering with Topsoil Next Spring Vasseurs Oak Grove 1 & 2 Shouldering with Cl 2, Grade This Fall sod -topsoil ridge to match gravel Great River Acres Pick up reclaimed asphalt in ditch This Fall and inslope Topsoil Shouldering Next Spring 1" Overlay of Reclamation Area Next Spring Walesch Estates Fill drop offs and steep inslopes This Fall with excess Cl 5, reclaimed asphalt and/or extra dirt from Odean Ave. Redo 82"'Circle This Fall Cut Edge of O'Day Ave. This Fall General cleanup of asphalt chunks will be completea tnls tall tnrougnout the project. NOTE: The piping is installed on 83rd & 80th Streets in preparation for the street construction next spring in the rural area. This project will close down for winter in the 2nd week of November. \\HA01\Shared Docs\Municipal\AOTSEGO\336\ot336mr3.doc Michael C Couri- Andrew J. MacArthur Marcus W. Miller •AW Ucemad in IM -sou October 20, 1999 City Council Members City of Otsego c/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 COURI & MACARTHUR Attornep at Law M5 Central Ague East PO Box 369 St. Michael, UN55376-0369 (612) 497-1930 (612) 497-2599 (FAX) counan&nacanhur®pobax. corn RE: Transfer of Cable Television Franchise from Bresnan Telecommunications Company LLC to Charter Communications Holding Company LLC Dear Council Members: As per our discussions at the last City Council meeting please find a proposed resolution approving transfer of cable television franchise. This is a slightly modified version of the resolution proposed by the company. The following changes have been made: 1. The words "to the best of the Franchise Authority's knowledge" have been added to Section 2. This should serve to provide some insulation from liability for the City in the event that some event of default has or will occur that the City has no real knowledge of. 2. Section 5 has been modified to read in pertinent part, "This resolution shall be effective upon agreement by Transferee to pay all City expenses (including attorney fees) related to the Transferee's request to approve the transfer." This will insure payment of any fees expended by the City relative to this matter. The motion approving the resolution should be contingent upon the City Clerk verifying that the cable company is current on all payments to the City and is not otherwise currently in default under the contract. The resolution should not be sent to the cable company until these facts are verified. I will be available to answer any questions you may have regarding this issue at the regular City Council meeting on Monday. Very truly yours, Letter to Otsego City Council October 20, 1999 Page 2 i drew J. Arthur COURI & CARTHUR Encl. cc: Mike Robertson, City Administrator CITY OF OTSEGO WRIGHT COUNTY STATE OF MINNESOTA RESOLUTION CONSENTING TO AND APPROVING THE TRANSFER OF CONTROL OF CATV FRANCHISE Resolution No. WHEREAS, Bresnan Telecommunications Company LLC ("Grantee") owns, operates, and maintains a cable television system ("System") in the City of Otsego ("Grantor") pursuant to a cable television franchise (the "Franchise") and Grantee is the current authorized holder of the Franchise; and WHEREAS, pursuant to the Purchase and Contribution Agreement between among BCI (USA), LLC, William J. Bresnan, Blackstone BC Capital Partners, L.P., Blackstone BC Offshore Capital Partners, L.P., Blackstone Family Investment Partnership III, L.P., TCI Bresnan LLC, TCID of Michigan, Inc. (collectively, the "Bresnan Partners") and Charter Communications Holding Company, LLC ("Charter HoldCo") (the "Transferee"), dated June 29, 1999, the Bresnan Partners desire to transfer the partnership interests of Bresnan Communications Company Limited Partnership subject to, among other conditions, any required approval of the Grantor with respect thereto, to Charter (the "Transaction"); and WHEREAS, Grantee filed a complete FCC Form 394 Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise with Grantor. WHEREAS, Grantor has duly conducted a thorough review and investigation into the legal, technical and financial qualifications of Transferee to own and operate the System in light of the above -referenced FCC Form 394; and WHEREAS, all written comments and staff reports have been received, and made a part of the record; and WHEREAS, following the review and investigation, the Grantor has concluded that the Transferee has established that it meets the legal, technical and financial criteria to operate the cable television system and has satisfied all criteria set forth in and/or under all applicable local, state and federal laws, rules and regulations, including FCC Form 394. NOW, THEREFORE, BE ITS RESOLVED, that in consideration of the foregoing and the promises set forth herein, the Grantor consents to the Transaction and further resolves as follows: Section 1. Grantor consents to the transfer of control of cable system serving Grantor effective upon the closing of the Transaction; Section 2. Grantor confirms that to the best of the Franchise Authority's knowledge: (a) the Franchise is valid and outstanding and in full force and effect; (b) there have been no amendments or modifications to the Franchise, except as set forth herein; (c) Grantee is materially in compliance with the provisions of the Franchise; and (d) there are no defaults under the Franchise, or events which, with the giving of notice or passage of time or both, could constitute events of default thereunder. Section 3. Transferee may (a) assign or transfer its assets, including the Franchise provided however, that such assignment or transfer is to a parent or subsidiary of Transferee or another entity under direct or indirect control of Paul Allen; (b) restructure debt or change the ownership interests among existing equity participants in Transferee, and/or its affiliates; (c) pledge or grant a security interest to any lender(s) or Transferee's assets, including but not limited to the Franchise, or of interests in Transferee's affiliate companies, in a transaction commonly known as an "initial public offering." Section 4. Transferee may transfer the Franchise or control related thereto to any entity controlling, controlled by, or under common control with Transferee. The Grantor acknowledges that any such transfer does not trigger any right it may have to exercise any first purchase right or other right to acquire the System. Section 5. This resolution shall be effective upon agreement by Transferee to pay all City expenses (including attorney fees) related to the Transferee's request to approve the transfer. 2 ADOPTED AND APPROVED THIS day of , 1999 by the City Council of the City of Otsego, Wright County, Minnesota. i IN FAVOR: OPPOSED: Elaine Beatty, City Clerk K3 CITY OF OTSEGO Larry Fournier, Mayor 15 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTIINTENT: PREPARED BY: 8. Andrew MacArthur, City Attorney Elaine Beatty, City Clerk/ October 25, 1999 6:30PM ITEM NUMBER: ITEM DESCRIPTION 8.1. Cable TV Resolution (Re: Bresnan Communications) 8.2. Consider Resolution Providing for the Issuance & Sale of a $112,480 Obligation Equipment Certificate Series 1999. 8.3. Any Other Legal Business A. Seel. A. Above BACKGROUND: 8.1. and 8.2. Andy MacArthur will be present to explain and I have attached the information from Andy. 8.3. This item is for any other legal business that may arise. RECOMMENDATION: This is for Council consideration and any approval needed. Th4nM, MEMO Date: October 20, 1999 To: Mayor & Council From: City Administrator Mike Robertson Re: Equipment Certificate for New Plowtruck I have enclosed a copy of a resolution prepared for the sale of an Equipment Certificate in the amount of $112,480.00. This money will be borrowed from the Bank of Elk River to purchase a new plowtruck for street maintenance. An Equipment Certificate is similar to a Bond. Under State law, whenever a City borrows money it must do so under one of these two means. The City is required to follow all of the same requirements that it did to sell bonds, including obtain a legal opinion that the Equipment Certificate complies with State law, is a general obligation of the City, and is tax-exempt. The plowtruck that will be purchased was listed on the capital equipment list that the City Council approved for purchase during the 1999 budget process. The cost estimate for the plowtruck was based on a five year financing plan such as this resolution lays out. The City will make a yearly payment of $22,496.00 plus interest at a rate of 6.125% on July 1st from 2000 through 2004 to pay off the Equipment Certificate. This Resolution was originally intended to be on the Council agenda for the September 27, 1999 meeting. Because I was not going to be at that Council meeting to answer any questions, I held it back for another meeting. I did not put it on the Council agenda for the October 11, 1999 meeting due to Council's desire to keep the agenda short in the absence of two of the council. I will have all of the dates changed to the proper ones upon passage of the resolution. cc: City Staff CITY OF OTSEGO WRIGHT COUNTY STATE OF MINNESOTA RESOLUTION CONSENTING TO AND APPROVING THE TRANSFER OF CONTROL OF CATV FRANCHISE Resolution No. 99-41 WHEREAS, Bresnan Telecommunications Company LLC ("Grantee") owns, operates, and maintains a cable television system ("System") in the City of Otsego ("Grantor") pursuant to a cable television franchise (the "Franchise") and Grantee is the current authorized holder of the Franchise; and WHEREAS, pursuant to the Purchase and Contribution Agreement between among BCI (USA), LLC, William J. Bresnan, Blackstone BC Capital Partners, L.P., Blackstone BC Offshore Capital Partners, L.P., Blackstone Family Investment Partnership III, L.P., TCI Bresnan LLC, TCID of Michigan, Inc. (collectively, the "Bresnan Partners") and Charter Communications Holding Company, LLC ("Charter HoldCo") (the "Transferee"), dated June 29, 1999, the Bresnan Partners desire to transfer the partnership interests of Bresnan Communications Company Limited Partnership subject to, among other conditions, any required approval of the Grantor with respect thereto, to Charter (the "Transaction"); and WHEREAS, Grantee filed a complete FCC Form 394 Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise with Grantor. WHEREAS, Grantor has duly conducted a thorough review and investigation into the legal, technical and financial qualifications of Transferee to own and operate the System in light of the above -referenced FCC Form 394; and WHEREAS, all written comments and staff reports have been received, and made a part of the record; and WHEREAS, following the review and investigation, the Grantor has concluded that the Transferee has established that it meets the legal, technical and financial criteria to operate the cable television system and has satisfied all criteria set forth in and/or under all applicable local, state and federal laws, rules and regulations, including FCC Form 394. NOW, THEREFORE, BE ITS RESOLVED, that in consideration of the foregoing and the promises set forth herein, the Grantor consents to the Transaction and further resolves as follows: Section 1. Grantor consents to the transfer of control of cable system serving Grantor effective upon the closing of the Transaction; Section 2. Grantor confirms that to the best of the Franchise Authority's knowledge: (a) the Franchise is valid and outstanding and in full force and effect; (b) there have been no amendments or modifications to the Franchise, except as set forth herein; (c) Grantee is materially in compliance with the provisions of the Franchise; and (d) there are no defaults under the Franchise, or events which, with the giving of notice or passage of time or both, could constitute events of default thereunder. Section 3. Transferee may (a) assign or transfer its assets, including the Franchise provided however, that such assignment or transfer is to a parent or subsidiary of Transferee or another entity under direct or indirect control of Paul Allen; (b) restructure debt or change the ownership interests among existing equity participants in Transferee, and/or its affiliates; (c) pledge or grant a security interest to any lender(s) or Transferee's assets, including but not limited to the Franchise, or of interests in Transferee's affiliate companies, in a transaction commonly known as an "initial public offering." Section 4. Transferee may transfer the Franchise or control related thereto to any entity controlling, controlled by, or under common control with Transferee. The Grantor acknowledges that any such transfer does not trigger any right it may have to exercise any first purchase right or other right to acquire the System. Section 5. This resolution shall be effective upon agreement by Transferee to pay all City expenses (including attorney fees) related to the Transferee's request to approve the transfer. 2 ADOPTED AND APPROVED THIS 25TH day of OCPOBER , 1999 by the City Council of the City of Otsego, Wright County, Minnesota. IN FAVOR: LARRY FOURNIER, MAYOR, COUNCIL MEMBERS VIRGINIA WENDEL, SUZANNE ACKERMAN, VERN HEIDNER AND MARK BERNING OPPOSED: NO ONE CITY OF OTSEGO arry F 'er, Mayor FON F1451 UNITED STATES OF AMERICA STATE OF MINNESOTA WRIGHT COUNTY CITY OF OTSEGO GENERAL OBLIGATION EQUIPMENT CERTIFICATE, SERIES 1999 $112,480 XNOW ALL PERSONS BY THESE PRESENTS that the City of Otsego, Wright County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to BANK OF ELI{ RIOTER, or registered assign, in the manner hereinafter set forth, the principal amount specified above, on the first day of July in the amount of $22,496 in years 2000 to 2004, both inclusive, unless called for earlier redemption, and to pay interest on the balance of said principal sum from time to time remaining unpaid, from the date hereof until the principal amount hereof is paid, at the rate per annum of six and one-eighth percent (6.125%-), payable annually with principal as provided above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. Both principal of and premium, if any, and interest on this Certificate are payable in lawful money of the United States of America at the principal office of the Treasurer of the Issuer (the "Certificate Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Redemntion. The Certificate (the "Certificate") is subject to redemption and prepayment at the option of the Issuer on any date at a price of par plus accrued interest. Redemption may be in whole or in part. If redemption is in part, the specific portions of the Certificate to be prepaid shall be chosen by lot by the Certificate Registrar. Portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent (if other than the Isauer) and to the affected Holder of the Certificate. Purpose: General Obligation. This Certificate has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota pursuant to a resolution adopted by the City Council of the Issuer on September 27, 1999 (the "Resolution"), for the purpose of providing money to finance the acquisition by the Issuer of certain capital equipment. This Certificate is payable out of the General Obligation Equipment Certificate, Series 1999 Fund of the Issuer. This Certificate constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, 1094675.1 4 9 d 0HHLlgg0 'ON/0e:6I U/8£:61 66 ,01 '60 MA) NVOHOW � SOOIHS WOU if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. DenominationL-Resolution. The Certificate is issuable solely as a fully registered certificate in the denomination of the entire principal amount. Reference 1B hereby made to the Resolution for a description of the rights and duties of the Certificate Registrar. Copies of the Resolution are on file in the principal office of the Certificate Registrar. Transfer. This Certificate is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Certificate Registrar upon presentation and surrender hereof to the Certificate Registrar, all subject to the terms and conditions pro'v'ided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Certificate Registrar (if other than the Issuer). Thereupon the Issuer shall execute and. the Certificate Registrar shall deliver, in exchange for this Certificate, one new fully registered Certificate in the name of the transferee (but not registered in blank or to "bearer" or similar designation), in aggregate principal amount equal to the principal amount of this Certificate, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Certificate Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer of this Certificate and any legal or unusual costs regarding transfers and a lost Certificate. Treatment of Registered er. The Issuer and Certificate Registrar may treat the person in whose name this Certificate is registered as the owner hereof for the purpose of receiving payment as herein provided and for all other purposes, whether or not this Certificate shall be overdue, and neither the Issuer nor the Certificate Registrar shall be affected by notice to the contrary. oualified Tax -Exempt obligation, The Certificate has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b) (3 ) of the federal Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the ieauance of this Certificate, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Certificate, together with all other debts of the Issuer 1094675.1 5 9 d 058ZSL 1905 'ON/05 : 6 l UAC: 6 1 66 ,91 '60 (QOM) NVOHOW � SOO ISS WOU FROM BRIGGS & MORGAN (WED) 09. 15' 99 19: 39/ST. 19: 35/NO. 3561732835 P 7 9 1*90 nor •ssaupaggapuT ao uoT�E�T�FT AaogngRqs .zo TnU0Tgn4Tlffu00 Aue paaa�ca gotr 69op 'a8ssq0xnd TEUTBTso Oq4 04 AZOATTap pus aouvnsst FqT 90 aggp aql tro puw .7oaasq 2nssT TPUTBTso ;o agVp aqq uo .6trT * eqna IN WITNESS WHEREOF, the City of Otsego, Wright County, Minnesota, by its City Council has caused this Certificate to be executed on its behalf by the manual signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: THE TREASURER OF THE CITY OF OTSEGO, MINNESOTA 1999 Payable at: OFFICE OF THE TREASURER OF T11E CITY OF OTSEGO, MINNESOTA CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA ;Mayor Clerk 10946711 7 8 d 9£8Z£L I99£ 'OM/9£ : 6 1 'Zs/0v: 6 166 ,9 1 '60 MA) OHM � SN ISS WOO CERTIFICATE OF REGISTRATIODI The transfer of ownership of the principal amount of the within Certificate may be made only by the registered owner or his, her or its legal representative last noted below, SIGNATURE OF DATE OF CERTIFICATE REGISTRATION. REGISTERED OWNER REGISTRM Bank of Elk River 1999 Elk )RAver, MN 55330 1094675.1 8 6 d 5£8Z£L 190£ 'OK/5£ : 6I U/P : 6 1 66 ,91 '60 (QOM) NVOEOW n 9001H WOHA REGISTER OF PARTIAL PAYMENTS The principal amount of the attached Certificate has been prepaid on the dates and in the amounts noted below. SIGNATURE OF SIGNATURE OF CERTIFICATE DATE AMOUNT C'Et TTFICATE HOLDER REGISTRAR If a notation is made on this register, such notation has the effect stated in the attached Certificate. Partial payments do not require the presentation of the attached Certificate to the Certificate Registrar, and a Holder Could fail to note hereon the partial payment. 1064675.1 9 0l d 9CHL IE6 MAC: U/P:6I 66 ,91 '60 (G3A) MHOW v 9001H WOU AnBREVIATIONS The following abbreviations, when used in the inscription on the face of this Certificate, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of aurvivorship and not as tenants in common UTMA - as custodian for Cus t ) (Minor) under the Vniform State Transfers to Minors Act 1084675.1 Additional abbreviations may also be used though not in the above list. 1.0 I I d 5EH L I HE 'ONAE : 6 l U/IV: 61 66 ,91 '60 (QOM) NVOHOW � S001119 WOU ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Cer� tate and does hereby irrevocably constitute and appoint attorney to transfer the Certificate on the books kept for the registration thereof, with full power of substitution in the premises, Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Certificate in every particular, without alteration or any change whatever. Signature Guaranteed: Signatures) must be guaranteed by a national bank or trust company or by a brokerage firth having a membership in one of the major otock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad 15(a) (2) . The Certificate Registrar will not effect transfer of this Certificate unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Certificate is held by joint account). IOM675.1 11 Z l d 5£8d£t I91l£ 'ON/9£ : 6 1 U/I b: 61 66 ,9 1 '60 (QOM) NVOHOW � 909IH WOU 8. Execution. The Certificate shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; and provided further that the corporate seal may be omitted as permitted by law, in the event of disability or resignation or other absence of either such officer, the Certificate may be signed by the manual signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature shall appear on the Certificate shall cease to be such officer before the delivery of the Certificate, such signature shall nevertheless be valid and sufficient fox all purposes, the same as if he or she had remained in office until delivery. 9. Date of, Registration. The Certificate Registrar shall insert as the date of registration in the space provided the date of original issue, which date is the date of delivery. 10. Registration; Transfer. The City will cause to be kept at the principal office of the Certificate Registrar a certificate register in which, subject to such reasonable regulations as the Certificate Registrar may prescribe (if other than the City), the Certificate Registrar shall provide for the registration of the Certificate and the registration of transfers of the Certificate entitled to be registered or transferred as herein provided. Upon surrender for transfer of the Certificate at the principal office of the Certificate Registrar, the City shall execute (if necessary), and the Certificate Registrar shall insert the date of registration (as provided in paragraph 9) and deliver, in the name of the designated transferee, a new certificate of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that the certificate may not be registered in blank or in the name of "bearer" or similar designation. The Certificate surrendered upon any transfer provided for in this revolution shall be promptly cancelled by the Certificate Registrar and thereafter disposed of as directed by the City. The Certificate delivered upon transfer of the Certificate shall be a valid special obligation of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Certificate surrendered for such transfer. The Certificate presented or surrendered for transfer shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Certificate Registrar, 10$4676.1 12 l d 0€8Z£LIggE 'ON/g0:61 'ZS/ZV:61 66 ,0l '60 MA) NVDHOW I SODIHS WOHd duly executed by the Holder thereof or his attorney duly authorized in writing. The Certificate Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer of the Certificate. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Certificate Registrar (if other than the City), including regulations which permit the Certificate Registrar to close its tranofer books between record dates and payment dates. 11. Righta Uyon Transfer, The Certificate delivered upon transfer of or in lieu of another Certificate shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Certificate. 12. Tr pnt of Registered Owner. The City and Certificate Registrar may treat the person in whose name the Certificate is registered as the owner of the Certificate for the purpose of receiving payment of principal of and premium, if any, and interest on, the Certificate and for all other purposes whatsoever whether or not the Certificate shall be overdue, and neither the City nor the Certificate Registrar shall be affected by notice to the contrary. 13. DeliverV,• A l,j.cation of, proceeds.. The Certificate when so prepared and executed shall be delivered by the Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 1.4. Fund and Accounts. There is hereby created a special fund to be designated the "General obligation Equipment Certificate, Series 1999 Fund" (the "Fund") to be administered and maintained by the Zreasurer as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until the Certificate and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) oeparate accounts, to be designated the "Capital Account" and "Debt Service Account", respectively. (a) Capital. Account.. To the Capital Account there shall be credited the proceeds of the sale of the Certificate. From the Capital Account there shall be paid all costa and expenses of acquiring the Equipment, including the cost of any accluisi.tion contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in, Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided 1084675.1 13 G l d 9CHEL I 99 'ONAe : 6 1 UAV: 61 66 ,9 1 '60 (CIA) NVOHOW � MOM WOUd that the proceeds of the Certificate may also be used to the extent necessary to pay interest on the Certificate due prior to the anticipated date of commencement of the collection of taxes herein levied. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) any collections of all takes herein or hereafter levied for payment of the Certificate and interest thereon; (ii) available monies of the City in an amount together with sums on deposit in the Debt Service Account to pay one-half of the principal and interest to become due on the Certificate on July 1, 2000; (iii) all funds remaining in the Capital Account after acquisition of the Equipment and payment of the Costs thereof; (iv) all investment earnings on funds held in the Debt Service Account; and (v) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The ]debt service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Certificate and any other general obligation bonds of the City hereafter issued by the City and made payable from said acoount as provided by law. No portion of the proceeds of the Certificate shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Certificate was issued and (2) in addition to the above in an amount not greater than the Lesser of five percent (5!k) of the proceeds of the Certificate or $100,000. To this effect, any proceeds of the Certificate and any sums from time to time held in the Capital Account or Debt Service Account (or any other City account which Will be used to pay pi1iiuipol ui interest to become due on the certificates payable therefrom) in excess of amounts which under then --applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Certificate to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 15. Tax Levy; Coverage TeQt. To provide moneys for payment. of the principal and interest on the Certificate there 1084675.1 14 5 l d 9HHL I 99 'ONAC :6 I UAV :6 l 66 ,q 1 '60 (QHM) NVOHOW V SOOM WOHJ is hereby levied upon all of the taxable property in the City a direct annual, ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy 1.999 2000 2001 2002 Year of Tax Collection 2000 2001 2002 2003 Amount $43,130.34 27,318.58 25,940.17 36,499.76 The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Certificate, will produce at least five percent i5V in excess of the amount needed to meet when due the principal and interest payments on the Certificate. The tax levies shall be irrepealable so long as any of the Certificate is outstanding and unpaid, provided that the City reserves the right and power to reduce the Levies in the manner and to the extent permitted by Minnesota statutes, Section 475.61, Subdivision 3. 16. Defeasance, When the Certificate has been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this revolution to the registered holders of the Certificate shall, to the eXtent permitted by law, Cease. The City may discharge its obligation with respect to the Certificate which is due on any date by irrevocably depositing with the Certificate Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid when due, it may nevertheless be discharged by depositing with the Certificate Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligation with respect to any prepayable installments of the Certificate called for redemption on any date when they are prepayable according to its terms, by depositing with the Certificate Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to the Certificate, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 10946".1 15 9 1 d 9HUL f 99S 'ONAE : 6 1 'ZS/VV: 6 1 66 ,9 1 '60 (CIA) NVOEOW V S90ISS WOU 17. Compliance With Reimbursement Bond Regulations.. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.190-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Certificate, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbureement Expenditure"). The City hereby certifies and/or covenants as followss (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declarltion") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the P-roject; provided, however, that no such Declaration shall necessarily have been made with reepect to, (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Certificate, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $Ioo, 000 or 5a of the proceeds of the Certificate. Notwithstanding the foregoing, with respect to any Declaration made by the City between January 27, 1992 and June 30, 1993, with respect to a Reimbursement Expenditure made prior to March 2, 1992, the City hereby represents that there exists objective evidence, that at the time the Expenditure was paid the City expected to reimburse the cost thereof with the proceeds of a borrowing (taxable or tax-exempt) and that expectation was reasonable. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Certificate or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure 1084675.1 16 I UL I d 9£8Z£L 195£ 'ON/9£ : 6 1 UIV : 6 166 ,91 '60 WHA) NVOdOW I SOD IHS WOU shall and will be made forthwith following (but not prior to) the issuance of the Certificate and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure ox one year atter the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Certificate proceeds to reimburse the Reimbursement Expenditure and, it made within 30 days after the Certificate is issued, shall be treated as made on the day the Certificate its issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 17 upon receipt of an opinion of its Bond Counsel for the Certificate stating in effect that such action will not impair the tax-exempt status of the Certificate. 18. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Certificate, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Certificate avd any other certificates payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Certificate of Rp-gistration. The Clerk is hereby directed to file a Certified copy of this resolution with the County Auditor of Wright County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's certificate that the Certificate has been entered in the County Auditor's Certificate Register, and that the tax levy required by law has been made. 20. Records and Certificates, The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Certificate, Certified copies of all proceedings and records of the City relating to the Certificate and to the financial condition and affairs of the City, and such other affidavits, Certificates and information as are required to show the facts relating to the legality and marketability of the Certificate as the same appear from the books and records under their custody and control or as otherwise known to them, and ail such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. l OP675. t 17 I US l d 9CHL 199£ 'ONAC : 6 1 'ZS/09 :6 1 66 ,9 1 '60(QSM) NVONK V SOO ISS WOU 21 . Negative covenant ae to the Use of Proceeds and E"i-oment.. The City hereby covenants not to use the proceeds of the Certificate or to use the Equipment, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Equipment, in such a manner as to cause the Certificate to be a "private activity bond" within the meaning of Sections 103 and 141 through 150 of the Code. 22. Tax-Exempt StItus of the Certifi.gate,• Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Certificate, including without Limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Certificate, and (3) the rebate of excess investment earnings to the Vnited States if the Certificate (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of $51000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Certificate is issued by a governmental unit with general taxing powers, (2) the Certificate is not a private activity bond, (3) ninety--five percent (95t) or more of the net proceeds of the Certificate is to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Certificate is issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148 (f) (4) (D) of the Code. 23. Desicmtion of Oual i Pied Tax-Exempt obligation, in order to qualify the Certificate as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Certificate is issued after August 7, 1986; (b) the Certificate is not a "private activity bond" as defined in Section 141 of the Code; (c) the City hereby designates the Certificate as a "qualified tax-exempt obligation" for purposes of Section 265 (b) (3) of the Code; 1084675.1 18 2/61 l d 9HHL 1950 '01 /90 : 6 l 'ZS/l9 : 6 166 ,9 I '60 (CIA) NVDUOW � SOO M WOHd (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1999 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1999 have been designated for purposes of Section 265(b) (3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 24. severability, if any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution, 25. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member after a full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: adopted, 1084675.1 Whereupon said resolution was declared duly passed and 19 IUH d 9£8Z£Z199£ '01/9£:6l 'ZS/I9:6l 66 ,9l '60 (QOM) NVOdOW � SOOISS WOU STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF OTSEGO I, the undersigned, being the duly qualified and acting Clerk of the City of Otsego, Minnesota, DO HERESY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, txue and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance of, and awarding the sale of a $112,480 General Obligation Equipment Certificate, Series 1999 of said City. 1084675.1 WITNESS my hand this 27th day of September, 1999. 20 Clerk I Z/I Z d 9CHEL I HE 'ON/g£ : 6 l 'ZS/Z9 : 6 f 66 ,9 l '60 MA) NVOdOW ' S00IHE WOU DEMO Date: October 20, 1999 To: Mayor & Council From: City Administrator Mike Robertson Re: Public Works Subcommittee Recommendation On Wednesday, October 19, 1999 the Public Works Subcommittee, Dave Chase, and myself interviewed four people for the Maintenance position. The four people were selected for the interviews by Dave Chase and myself from 12 applicants. The Subcommittee unanimously recommended to hire Donald Melvin Mass (pronounced Moss) at a starting rate of $12.00 an hour. cc: City Staff October 21, 1999 Minnesota Pollution Control 06r* -y2 5E,9 Subject: Informational Meetings on Draft Tier I Permits for the Headwaters Rural Utilities Association (HRUA) and Rainy River Rural Utilities Association (RRRUA) Dear Parties Interested in the HRUA and RRRUA Permits: The Minnesota Pollution Control Agency (MPCA) staff, at the request of interested individuals and organizations commenting on the draft Tier I State Disposal System permits for wastewater cooperatives, has scheduled three informational meetings to discuss the permits. We encourage you to attend the meetings if you have questions or concerns about the permit that were not addressed in the "responsiveness summary" sent to interested parties on September 10, 1999. We have tried to schedule meetings in locations that allow for participation by interested parties in both basins. The meeting dates and locations are: Wednesday, November 10, 1999, 7:00 — 9:00 p.m., Elk River Area Senior High School, 900 School Street, Elk River; Monday, November 15, 1999, 7:00 — 9:00 p.m., Rainy River Community College, 1501 Hwy. 71, International Falls; and Tuesday, November 16, 1999, 7:00 — 9:00 p.m., Paul Bunyan Nature Learning Center, 1308 County Road 49 North, Brainerd. These are the first permits of their kind ever written by the MPCA, so it is important that affected individuals, groups and local governments have the opportunity to discuss the permits in these public forums. If you have any questions about the permits prior to the meetings, please contact Glenn Skuta, MPCA Policy and Planning, at (651) 296-7359 or toll-free/TDD (800) 657-3864. If you have questions about the informational meetings, contact Katherine Carlson, Metro District, at (651) 297-1607 or at the MPCA toll-free number. Sincerely, Faye leeper, Manager Community and Area Wide Programs Section Policy and Planning Division FS:sjs 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 282-5332 (TTY) Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester Equal Opportunity Employer • Printed on recycled paper containing at least 20% fibers from paper recycled by consumers. October 22, 1999 cn lr/7R 2 5 1999 Minnesota Pollution Control agency .' CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. John F. Darkenwald Darkenwald Real Estate, Inc. 7535 Northeast River Road Elk River, Minnesota 55330 RE: Draft Reissued NPDES/SDS Permit No. MN 0042251 Riverbend Mobile Home Park Wastewater Treatment Facility Elk River, Minnesota Dear Mr. Darkenwald: Minnesota Pollution Control Agency (MPCA) staff recently completed a review of your National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) permit application. We are enclosing a draft of the reissued permit and public notice for your wastewater treatment facility. Please carefully review both documents. We would like to draw your attention to the following: Limits and Monitoring Section: The interim effluent limitations apply to the existing facility until the expanded treatment facility initiates operation. Please note that the final mass limits are based on the calculated 30 -day average wet weather design flow of 60,000 gallons per day. This is the average wet weather flow as of November 5, 1984, the date that this stretch of the Mississippi River was designated an Outstanding Resource Value Water (ORVW). In accordance with Minn. R. ch 7050.0180 regarding nondegradation, the kilograms per day mass loadings are frozen using the flow rate that existed at the effective date of the ORVW designation. Influent and effluent monitoring for total phosphorus is included during the interim and final periods. The following information provides you with additional information about these requirements. 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 282-5332 (TTY) Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester Equal Opportunity Employer • Primed on recycled paper containing at least 20% fibers from paper recycled by consumers. Mr. John F. Darkenwald Page 2 All phosphorus data reported to the MPCA must have been analyzed by a laboratory which is certified for phosphorus and which has a good quality assurance program. If your laboratory would like more information about becoming certified, please call Richard Wedlund at (651) 296-7241, or 1 (800) 657-3864. Samples must be collected in a clean bottle (preferably cleaned by a certified laboratory) that was not washed with phosphate detergent. Also, a sulfuric acid preservative must be added immediately after the sample is collected, and it must be stored at four degrees Celsius until analysis. If a contract laboratory is used, the bottle and preservative would typically.be provided by the laboratory analyzing the sample. Please write your results on a blank space of your Discharge Monitoring Report. If you need more room, you may write the results on the Supplemental Report Form. Domestic Wastewater, Non-POTW, NPDES/SDS — Phosphorous Management Plan: The Permittee is required to submit a phosphorous management plan within 90 days of permit issuance Domestic Wastewater, Non-POTW, NPDES/SDS — Operator Certification: The Permittee is required to provide a Class B certified wastewater operator upon initiation of operation of the upgraded facility. If you have any questions regarding any of the terms and conditions of the permit, please contact Ms. Stephanie Christiansen, of my staff, at (651) 297-7153. Sincerely, Gary L. Eddy, o Supervis _ Government & Utilities Sector �. Regular Facilities Section Metro District GLE:cmm Enclosures: Draft Permit Public Notice cc: Elaine Beatty, City Clerk, City of Otsego (w/enclosure) Tom Salkowski, Planning and Zoning Administrator, Wright County Kenneth J. Weber, P.E., RLK Kuusisto, Ltd. (w/enclosure) October 13, 1999 Otsego and Albertville Creek Check and Meeting Patty Stalberg and I walked the Otsego Creek from 70`h Street to McIver and checked the other areas too. Basically the creek was good but very filled in with grass, long heavy grass. I guess all the grass helped hold the bank in place. There was very little water in the creek, some of it was flowing and about half way the water stopped flowing, there still was plenty of water but standing water. Between 70 and 75`h Street there were smaller branches in the water, most like willow or small tree branches, they did not stop any water and there was no build up of debris. From there it was pretty open and clear. Behind Lloyd Beaudry there were some trees in the or over the water. I talked to Lloyd and he was cleaning out some of the trees, he said he checked the creek and it wasn't too bad, we didn't think it was either. There is one metal culvert split on the top on the south end of the culvert, there is a bad dip in the road that goes over the culvert, (no doubt that is why the culvert split) but Patty looked into the culvert and it was clean, not rusted through on the bottom. The other culvert looked good. The north side of the culvert looked good, no splits. There were some huge stumps in that part but not stopping any debris or water from flowing. We would like the maintenance crew dump a load of gravel on the low spot and that may help the split culvert. From there until the big bend in the creek it was pretty clear. After the bend it got weedy and lots of little trees down again. Most of them were dead and would break off if some one pulled on them. There was lots of grassy areas and a big tree had been cut down, not in the creek but there was one that crossed the creek and also down further there was a huge branch in the creek but everything was ok, water flowing and no debris. Over all the creek could use the grass cut all over, some was waist high or higher, it will just grow back in the spring anyway. There wasn't a lot of water in the ditch, some was flowing, some was standing. There were some smaller branches in the creek and some trees hanging over the creek. Only one culvert was cracked as far as we could tell and that was a twin culvert and water was flowing good in there, didn't really need fixing. A few big trees could be removed but not hurting anything yet. From 83th south there looks like it needs some cleaning. I talked to Lyle Vetsch and he had been cleaning up some trees in his area too. But he said there was lots of itch weed and stickers and could not do too much now. I talked to Kenny Davis and he said his part of the creek was good but when it crosses the road and goes to Dahleheimer's, it gets bad, there are lots of woods there. We did not go that far. Council member, Virgie Monday, October 18, 1999 Community Rec. Meeting We received a written policy for withdrawing from the Comm. Rec., copy attached. There is a new phone number for Michelle at the new building when that is ready, 274-1840. She discussed the need for the new phones, hopefully it will help people When they call in to register. She is also checking on using Master and Discover cards for registration. There was a slight change in the budget, the amount needed from non-residents was Changed to $3,400. This should not change our amout that we are expected to pay. Everyone commented on our water tower, seems they all saw it and wondered when we were going to have it painted. One suggestion was that we paint it like a big golf ball since we have 2 golf clubs. Gary, from Rogers, said he knew of a town that wanted to paint their tower as a golf ball and the cost was $50,000. That settled the issue, no golf ball. I told them we already had the design we wanted and it would be painted as soon as possible. Glad they all noticed the water tower. Next meeting November 15. Virgie Wendel Withdrawing from the Community Recreation Joint Powers Agreement: The amount of notice required is a minimum of six months, but the actual date of withdrawal will be the last day of the Community Recreation Board's budget year in which said six month period ends. Notwithstanding the prior sentence, if such notice to withdraw is provided by the member after June 30 but before October 1, the actual date of withdrawal will be the last day of the month during which said six month period ends. Examples: If notice given l/ 1 /00 - 6/30/00, last day is 12/31 /00 If notice given 7/1/00 - 7/31/00, last day is 1/31/01 If notice given 8/1/00 - 8/31/00, last day is 2/28/01 If notice given 9/1/00 - 9/30/00, last day is 3/31/01 If notice given 10/ 1 /00 - 12/31 /00, last day is 12/31 /01 Staff Report October 1999 Michele Bergh Program information The winter brochure is complete and at the printer. It will be delivered to homes October 27 and registration is October 30. Programs we are offering are: Gymnastics, Pee Wee Soccer, Pee Wee Sports Sampler, Intramural Basketball, Men's Basketball, Co Rec Volleyball, Women's Volleyball, 3 on 3 Tournament during winter break, Nordic Skate Race, Skating Academy, Cheerleading Clinic, Open Gyms, Outdoor Skating Lessons, Skiing and Snowboarding Outing in January on a non -school day, Skiing and Snowboarding program at Hyland Hills (includes lessons and time to ski or snowboard), Violence Prevention for teens at Emporium, and Birthday Parties. We are also busy with concerts at Emporium and they are going very well. The kids have built a stage to play on and they are very proud of it. Staffing We are currently staffing open gyms. I am still accepting applications for the part time positions. I have not hired anyone yet. I have two candidates so far. Update on move The construction is coming along nicely. The delay will be in the phones and in the customer window gate. The gate will take 4-5 weeks before it arrives so we will not be able to move before this is installed. The phones are also slow. I have placed the order but have not received confirmation on it yet and will not have numbers assigned until they are actually installed. I was told it would be about 10 days but I believe it will take longer. We have purchased a hotline number, which is $10 a month and allows us 3 minutes to talk. People can call this hotline and hear our message right away. We will be putting our moving information, cancellation information and special event information on this hotline. Update on Website The website is almost complete and I think it looks great! If people have access to the Internet, they can look at our brochure pages and we won't have to send them one. They can print out pages if they want and they can print out a registration form if they need that. If you have a site that you would liked linked to our web site, please let me know. The site address is http://www.communityrecreation.com. Please visit it and let me know what you think. Update on computers/software Two computers have been purchased and the printer. We had some problems with Rae Ann's computer but it has been taken care of. We have started using the new software and are very pleased with it. Having our own printer is wonderful and makes things so much more efficient. We are really enjoying everything! We are waiting to purchase the third computer until we need it as they keep dropping in price and it makes sense to wait until it's really needed. We won't be converting old files unless they are needed again. We will be keeping one Mac up and running to access old files and our printer will work for that computer as well. Monday, October 18, 1999 Community Rec. Meeting We received a written policy for withdrawing from the Comm. Rec., copy attached. There is a new phone number for Michelle at the new building when that is ready, 274-1840. She discussed the need for the new phones, hopefully it will help people When they call in to register. She is also checking on using Master and Discover cards for registration. There was a slight change in the budget, the amount needed from non-residents was Changed to $3,400. This should not change our amout that we are expected to pay. Everyone commented on our water tower, seems they all saw it and wondered when we were going to have it painted. One suggestion was that we paint it like a big golf ball since we have 2 golf clubs. Gary, from Rogers, said he knew of a town that wanted to paint their tower as a golf ball and the cost was $50,000. That settled the issue, no golf ball. I told them we already had the design we wanted and it would be painted as soon as possible. Glad they all noticed the water tower. Next meeting November 15. Virgie Wendel Withdrawing from the Community Recreation Joint Powers Agreement: The amount of notice required is a minimum of six months, but the actual date of withdrawal will be the last day of the Community Recreation Board's budget year in which said six month period ends. Notwithstanding the prior sentence, if such notice to withdraw is provided by the member after June 30 but before October 1, the actual date of withdrawal will be the last day of the month during which said six month period ends. Examples: If notice given 1/1/00 - 6/30/00, last day is 12/31/00 If notice given 7/l/00 - 7/31 /00, last day is 1/3 1 /01 If notice given 8/1/00 - 8/31/00, last day is 2/28/01 If notice given 9/1/00 - 9/30/00, last day is 3/31/01 If notice given 10/1/00 - 12/31/00, last day is 12/31/01 Staff Report October 1999 Michele Bergh Program information The winter brochure is complete and at the printer. It will be delivered to homes October 27 and registration is October 30. Programs we are offering are: Gymnastics, Pee Wee Soccer, Pee Wee Sports Sampler, Intramural Basketball, Men's Basketball, Co Rec Volleyball, Women's Volleyball, 3 on 3 Tournament during winter break, Nordic Skate Race, Skating Academy, Cheerleading Clinic, Open Gyms, Outdoor Skating Lessons, Skiing and Snowboarding Outing in January on a non -school day, Skiing and Snowboarding program at Hyland Hills (includes lessons and time to ski or snowboard), Violence Prevention for teens at Emporium, and Birthday Parties. We are also busy with concerts at Emporium and they are going very well. The kids have built a stage to play on and they are very proud of it. Staffing We are currently staffing open gyms. I am still accepting applications for the part time positions. I have not hired anyone yet. I have two candidates so far. Update on move The construction is coming along nicely. The delay will be in the phones and in the customer window gate. The gate will take 4-5 weeks before it arrives so we will not be able to move before this is installed. The phones are also slow. I have placed the order but have not received confirmation on it yet and will not have numbers assigned until they are actually installed. I was told it would be about 10 days but I believe it will take longer. We have purchased a hotline number, which is $10 a month and allows us 3 minutes to talk. People can call this hotline and hear our message right away. We will be putting our moving information, cancellation information and special event information on this hotline. Update on Website The website is almost complete and I think it looks great! If people have access to the Internet, they can look at our brochure pages and we won't have to send them one. They can print out pages if they want and they can print out a registration form if they need that. If you have a site that you would liked linked to our web site, please let me know. The site address is http://www.communityEecreation.com. Please visit it and let me know what you think. Update on computers/software Two computers have been purchased and the printer. We had some problems with Rae Ann's computer but it has been taken care of. We have started using the new software and are very pleased with it. Having our own printer is wonderful and makes things so much more efficient. We are really enjoying everything! We are waiting to purchase the third computer until we need it as they keep dropping in price and it makes sense to wait until it's really needed. We won't be converting old files unless they are needed again. We will be keeping one Mac up and running to access old files and our printer will work for that computer as well. CLAIMS LIST CITY COUNCIL MEETING October 25, 1999 TO: City Council Attached are 2 Claims Lists for your consideration. For more detail, please refer to the Check Detail Registers. GRAND TOTAL $ 58,601.45 If you have any questions or if you would like to review this list further, please let me know. Judy Hudson Deputy Clerk/Treasurer CITY OF OTSEGO Saturday, October 16, 1999 Check Summary Register Page 1 o11 Total Checks $57,187.66 Name Check Date Checks ant 10100 BANK OF ELK RIVER UnPaid AFFORDABLE SANITATION $114.50 UnPaid AHMANN, MARK J. $2,100.00 UnPaid AIRGAS, INC. $71.33 UnPaid ANDEXXER INC $195.00 UnPaid ARLENE HOLEN $37.28 UnPaid BOISE CASCADE OFFICE PRODUCTS $328.79 UnPaid CORROW TRUCKING $83.07 UnPaid COURI MACARTHUR LAW OFFICE $6,816.50 Unpaid CROW RIVER FARM EQUIPMENT $12.24 UnPaid DJ'S HEATING & AIR COND $70.00 UnPaid EVERGREEN LAND SERVICES CO $1,953.13 Unpaid FRAISER, JERRY $700.00 UnPaid G & K TEXTILE LEASING SYSTEM $465.93 UnPaid GOPHER STATE ONE -CALL INC $56.00 UnPaid GROEN GARY CPA $960.00 UnPaid GUARANTEED GREEN $1,497.50 UnPaid H G WEBER OIL COMPANY $1,059.10 UnPaid ICMA RETIREMENT TRUST $614.70 UnPaid JEFF BARTHELD $1,008.44 UnPaid JENSEN, KEVIN $280.00 UnPaid LEAGUE OF MN CITIES INS TRUST $17,619.00 UnPaid LOFTUS, JANICE HUNT $280.00 UnPaid LONG & SONS $510.98 UnPaid LYLE H NAGELL CO INC. $50.00 UnPaid MEDICA $2,809.21 UnPaid MENARDS $81.52 UnPaid MINNESOTA LIFE $58.60 UnPaid MINNESOTA STATE TREASURER $1,866.00 UnPaid MN FALL MAINTENANCE EXPO $60.00 UnPaid MOEN, KRIS E. $2,000.00 UnPaid MONTICELLO ANIMAL CONTROL $30.00 UnPaid NICOLE MARTIN $200.00 UnPaid NORTHERN $29.78 UnPaid NORTHWEST ASSOC CONSULTANTS $5,812.42 UnPaid PUBLIC EMPLOYEES RETIREMENT FD $848.68 UnPaid SCHWAAB, INC $61.76 UnPaid SHADE TREE CONSTRUCTION INC $1,713.00 UnPaid STATE CAPITAL CREDIT UNION $50.00 UnPaid SUPERIOR SERVICES $460.00 UnPaid THOMAS R CORBIN $3,207.00 UnPaid TRUCK TECHNOLOGIES $881.77 UnPaid TRUE VALUE $134.43 Total Checks $57,187.66 CITY OF OTSEGO Saturday, October 16, 1999 Page 1 of 4 Check Detail Register Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid AFFORDABLE SANITATION E 201-45000-410 Rentals (GENERAL) $114.50 Sept rental Total AFFORDABLE SANITATION $114.50 AHMAN N, MARK J. E 702-41400-310 Miscellaneous $2,100.00 Escrow Refund Total AHMANN, MARK J.--$2—,10000 - —AI9-G-Z-1— Lj'WVaj-d-' NC. -- E 101-43100-220 Repair/Maint Supply (GENERAL) $11.65 19855 oxygen E101-43100-220 Repair/Maint Supply (GENERAL) $59.68 35554 Welding supplies Total AIRGAS, INC. $71.33 UnPaid ANDEXXER INC E 101-43100-403 Improvements Other Than Bldgs $195.00 6398 Public Works Repair Furn Total ANDEXXER INC $195.00 UnPaid ARLENE HOLEN E 101-45300-310 Miscellaneous $37.28 Rein. For Food/Heritage Day Total ARLENE HOLEN $37.28 Unpaid BOISE CASCADE OFFICE PRODUCTS E 101-41400-201 Office Supplies $298.99 407467 Office Supplies E 101-41400-201 Office Supplies $29.80 413305 Office Supplies Total BOISE CASCADE OFFICE PRODUCTS $328.79 UnPaid CORROW TRUCKING E 101-43100-390 Contracted Services $30.42 Service Public Works E 101-41940-325 Garbage Service $52.65 Service City Hall Total CORROW TRUCKING $83.07 Unpaid COURI MACARTHUR LAW OFFICE G 701-21916 DarkenwaJd $569.50 Darkenwald E 101-41700-301 Legal Services $1,802.50 General Legal E 418-43100-301 Legal Services $1,751.00 78th Street E101-41700-301 Legal Services $50.00 Cokley Litigation E 413-43100-301 Legal Services $705.50 Odean Avenue G 701-21914 Grenings - Miss Hills 99-6 $646.00 Grenins Miss G 701-21 91 5 Crimson ponds/Backes 99-7 $374.00 Crimson Ponds G 701-21922 Pheasant Ridge $297.50 Pheasant Ridge E 418-43100-301 Legal Services $280.50 EAW Response E 601-49400-301 Legal Services $127.50 Elementary Well G 701-21912 PLT 99-4, D. Ullmer $212.50 Prairie Creek Total COURT MACARTHUR LAW OFFICE $6,816.50 UnPaid CROW RIVER FARM EQUIPMENT E 101-43100-220 Repair/Maint Supply (GENERAL) $12.24 71061 Miscell Supplies Total CROW RIVER FARM EQUIPMENT $12.24 Unpaid DJ'S HEATING & AIR COND E101-43100-220 Repair/Maint Supply (GENERAL) $70.00 26238 Fan for Public Works Total DJ'S HEATING & AIR COND $70.00 EVERGREEN LAND SERVICES CO E 413-43100-390 Contracted Services $1,803.13 8643 Odean ROW E 415-43251-390 Contracted Services $150.00 8643 Sewer ROW Total EVERGREEN LAND SERVICES CO $1,953.13 Unpaid FRAISER. JERRY E 201-45000-310 Miscellaneous $700.00 Halloween CITY OF OTS E G O Saturday, October 16, 1999 Check Detail Register Page 2 of 4 Total LOFTUS, JANICE HUNT $280.00 UnPaid LONG & SONS E 101-41940-389 heck Amt Invoice Comment ink:Jl�� Y:r:i•:i��4�'�.<R7:�r�'F%r+>NS,��:•>.:+T>}iGi»-.. E 101-41940-389 �>. > , > ,>, O�\��•J»� Total FRAISER, JERRY $700.00 E 101-41940-389 Unpaid G & K TEXTILE LEASING SYSTEM $370.00 E 101-43100-225 Uniforms $152.66 Public Wks Uniforms E 101-41940-390 Contracted Services $156.62 City Hall Rentals E 101-43100-390 Contracted Services $156.63 Public Wks Rentals Total G & K TEXTILE LEASING SYSTEM $465.93 .ad.naaad„H_..,.n»,,,,,-rcrcn»„,,,, .:M.,»„»`PHE ,•.S_TA„- L,.N � ��n .,:,•nn,•::.,•nv: Unpaid GOPHER STATE ONE -CALL INC ,,,,».,•::.::::::.::..,•M,•:::.::::::::::n .: » »» E 101-41400-310 Miscellaneous $56.00 9090571 Sept Services Total GOPHER STATE ONE -CALL INC $56.00 $50.00 UnFalcJ�.,...n..,.,,»„»,....:..»,vr....,r,,,»,.,,..., GROEN GARY CPA Unpaid ,,,.n,.,.,�.».r..,»,,,»....w.�..,_,,....�,....,,..�...................,.-.,,,..,..... E 101-41600-390 Contracted Services $960.00 Sept thru Oct 4-99 Services Total GROEN GARY CPA $960.00 PW Staff Health Ins tiJ. nVCCP:P]MWC40M'pWGMJW�K90>]g3.1C::0��NttCOWNw UnPaid GUARANTEED GREEN Vo ...myvavmvaw.rona...'�mawvee.,nmroenr.,n-mnwr..w,ww..wv.,w.,+w.w,,. E 415-43251-390 Contracted Services $1,497.50 60 Repair Bank system S&W Total GUARANTEEDGREEN $1,497.50 >xJ:<a+mro»>xueo>.ww,oex•>v�,•.>wxJ:<JrFav:.xwr.,,.,»»,:.,..,.,,,,-:o,:.m„wxi>,,,,,:.ri.»:.,x..�m+,,n,+x.,,»:,,...... ,»+mn+,.weaned..w,,..,.»„�...»,�..»-.,,,.-.,,w.w..-.,»,.»».-.,»,,,,,�::.»-..»„-.,,,,,,»,»-.�n,-.,,-::.»,»,»,.,.:.,.-::.,,.-:.»» UnPaid H G WEBER OIL COMPANY E 101-43100-202 Gas & Oil $302.70 34909 Gas E 101-43100-202 Gas & Oil $476.75 35103 Diesel Fuel E101-43100-202 Gas & Oil $279.65 34908 Diesel Fuel Total HG WEBER OIL COMPANY •:::.» :•::. � $1,059.10 :::.....:::....,n»,:»:..»•:::::..:.: � n,,.r..»»„-.,,,,,..:,,,,,,::.,,,•..-:: M»,...•..,ad,..,,,^,,,,,.,,.,,.».r.».r.,»,-.»,»».nV..�d�..,,,v,,,d,,,,»-rc,,,»-:.,»,.::::.»:,M,-:Y.»».: Unpaid ICMA RETIREMENT TRUST n,-:::.»-:::::.»-.,,-.,,-.: _.: r,w,,.,:.,,..�,,.....,,w..,w,,,».w:......,.:. G 101-21705 Other Retirement $422.39 PPE 10-2-99 E 101-41400-121 PERA $192.31 PPE 10-2-99 Total ICMA RETIREMENT TRUST $614.70 <'UnPaid JEFF BARTHELD E 201-45000-310 Miscellaneous $1,008.44 Haunted House Supplies Total JEFF BARTHELD $1,008.44 oeYM<««:MAY.Crr:<M[rf/IMJY1F.ri:-YAN.«VC90pCU:Wiwr<rrrrrpv<.r.r:rrrxxr:.wevr:.vnvrmw.vodvrr!v[nrarwMve�vn-r.�nepnaemnv'er.wrrrrnvewrrrrrrrvw:.vn..w.vrcrrr:wvrrxrrrrnvr:::rcxrrrrirrrrnwrv.-.-: Unpaid JENSEN, KEVIN r:.,xxrrrc.vrrrnvwrrrc«rHrn R101-38992 CITY HALL RENT ($120.00) Less Bldg Super Fee G 101-21803 DAMAGE DEPOSIT PAYABLE $400.00 Damage Dep Refund Total JENSEN, KEVIN $280.00 UnPaid LEAGUE OF MN CITIES rINS nTRUST E 101-41400-204 Insurance $500.00 818 OML 1455 E 101-41400-204 Insurance $17,119.00 817 CMC 19837 Total LEAGUE OF MN CITIES INS TRUST $17,619.00 LOFTUS�, JANICE HUNT.r...,,wrrr:aaaa�d�adrr,.,.:n,,,d.:n.,,,,,.:..n.r....n.r.»,:r.rrr:..,,...,.n:n...:...n::rr...n,,..,�.r...r..:.::,..�,.,»rcr~,,..:r:n.w R 101-38992 CITY HALL RENT ($120.00) Bldg Super Fees G101-21803 DAMAGE DEPOSIT PAYABLE $400.00 Damage Dep Refund Total LOFTUS, JANICE HUNT $280.00 UnPaid LONG & SONS E 101-41940-389 Cleaning Services $37.80 Supplies E 101-41940-389 Cleaning Services $72.00 Community Room E 101-41940-389 Cleaning Services $370.00 Sept Cleaning E 101-41940-389 Cleaning Services $31.18 Tax Total LONG & SONS $510.98 :rcUnPaid LYLE H NAGELL CO INC. E 413-43100-390 Contracted Services $50.00 8321 Struthers Easement Revision Total LYLE H NAGELL CO INC. $50.00 Unpaid MEDICA E 101-43100-123 Health $978.92 PW Staff Health Ins CITY OF OTSEGO Saturday, October 16, 1W9 Page 3 of 4 Check Detail Register Check Amt Invoice Comment ::}�.\\\�\�i,7�•h\\4\R}\�,n,'�4 \1\.'}}�\\\\,(„C�/F:!MC• .. ... } -. ��'\•:{�:M*+�\'v�•:M`�\Z\,k,'.!i'{:;��\i�i �:+:,•\�\\+\.`;.;i?L�+:i ;:;:;: E 101-41400-123 Health $1,83029 Adm Staff Health Ins Total MEDICA $2,809.21 J:: � T:C:\,1tii»•».:,.:C,14::C•:,\•T.\\Y:tiS:ti,V:�O.C,YPT�v,Vax..�vn.P+Tvuavecaooawoeoowvoowxi:arowa:,roav,. UnPaidMENAR DS <.».._k,,,..».,..�.,.,.,.»....Y.r..,,,-.»..,,»,».,....,,..» ,................... E 201-45000-310 Miscellaneous $29.39 Supplies Haunted Hs E 201-45000-310 Miscellaneous $52.13 Supplies Haunted Hs Total MENARDS $81.52 ::Unpaid -.,,,,»•.....,...,,......»,.,„,.,.,,,»,,,,,...,...MINNESOTA LIFE..,.,.,�..»,�,�..,,�„�.�.,.�,�,.,� .....:.....:...........:...........:.................................:.»,,.�,»,.,,..,,....,,,,.. E 101-41400-130 Employer Paid Ins (GENERAL) $29.00 Life Ins Prem due 11-1-99 E 101-43100-130 Employer Paid Ins (GENERAL) $29.60 Life Ins Prem due 11-1-99 Total MINNESOTA LIFE $58.60 UnPaid MINNESOTA STATE TREASURER G101-21801 BUILDING PERMIT SURCHARGE $1,866.00 Surcharge 9-99 Total MINNESOTA STATE TREASURER $1,866.00 UnPaid MN FALL MAINTENANCE EXPO E 101-43100-310 Miscellaneous $60.00 1 Day Expo attend Total MN FALL MAINTENANCE EXPO $60.00 UnPaid MOEN, KRIS E. E 702-41400-310 Miscellaneous $2,000.00 Escrow Refund Total MOEN, KRIS E. $2,000.00 Unpaid MONTICELLO ANIMAL CONTROL E 101-42710-390 Contracted Services $30.00 100 Pick Up Lab, Quale Avenue Total MONTICELLO ANIMAL CONTROL $30.00 :.,:.:N,:,,•:.»,,:..M:,•:,.,�,,.,.,.w•�M�r„».v..,M,.»..»,•:.,»,»„»,,,..:.:�.»»v.,�,.�...•,.,...„...�,M»»�.�,,.,,w.,v.»»,,,».»»»„V,,,,.,,,»,»,,..V,,.,,•..»,.:,•..,..•::::::.,..,.:.�....�,,:,,w...»...,.w.,,..,...., UnPaid NICOLE MARTIN E 201-45000-310 Miscellaneous $200.00 Cash for Haunted House Total NICOLE MARTIN $200.00 NORTHERN�.�.k,�..,�.M..»..�..�,.»,.M..,.��.,�»..-......,...,,,,,.,.,,...,.,.,,. E 101-43100-220 Repair/Maint Supply (GENERAL) $29.78 19333212 Miscell parts Total NORTHERN $29.78 uUnPaid” NORTHWEST ASSOC CONSULTANTS E 101-41570-303 Planning Fees $463.00 8954 Comp Plan Printing E 101-41570-303 Planning Fees $900.00 8956 Meetings E 101-41570-303 Planning Fees $79625 8954 General E 101-41570-303 Planning Fees $683.70 8954 Miss Wild & Scenic G 701-21925 99-16 PUD - Bulow $636.72 8953 Grenins Miss Out B G 701-21922 Pheasant Ridge $359.35 8953 Pheasant Ridge G 701-21922 Pheasant Ridge $539.34 8953 Pheasant Ridge EAW G701-21926 Thibodeau CUP 99-17 $311.55 8953 Fun City PUD Amend E 418-43100-303 Planning Fees $235.25 8954 78th St EAW G 701-21912 PLT 99-4, D. Ullmer $214.71 8953 Prairie Creek G 701-21915 Crimson ponds/Backer 99-7 $154.02 8953 Crimson Ponds E 101-41900-390 Contracted Services $122.90 8955 EDAAC Meeting G 701-21920 JKO Holdings $6620 8953 JKO Holdings G701-21927 O. Thompson CUP 99-18 $329.43 8953 Orin Thompson Total NORTHWEST ASSOC CONSULTANTS $5,812.42_ fUnPaid PUBLIC EMPLOYEES RETIREMENT FD G 101-21704 PERA $405.96 PPE 10-2-99 E 101-41550-121 PERA $72.52 PPE 10-2-99 E 101-43100-121 PERA $173.28 PPE 10-2-99 E 101-41400-121 PERA $196.92 PPE 10-2-99 Total PUBLIC EMPLOYEES RETIREMENT FD $848.68 CITY OF OTSEGO Saturday, October 16, 1969 Check Detail Register Page 4 of 4 Total TRUE VALUE $134.43 10100 BANK OF ELK RIVER $57,187.66 Check Amt Invoice Comment UnPaid SCHWAAB, INC E 101-41400-203 Supplies - General $61.76 L424414 Notary Stamps Total SCHWAAB, INC $61.76 .OC<K<tttVCA,[i,OGOCN000{OCOOtt�Vfd{OUP'A,000WOCKrnvh,•.v.•e UnPaid' .w<:tvr<:rvsv<rr<x+rt'x,,,wwr«.//wnNv(//r< n,vnvw:r:rrxwxxxrxn+n, SHADE TREE CONSTRUCTION INC - - •• •• •••• •• •• ••. ....••••••• nvrn rxrrx.w..nrxt+,,,v+.::r:....n�.n n.r..,,v.:...:. r............ E413-43100-500 Capital Outlay (GENERAL) $1,713.00 Odean Ave Ease Total SHADE TREE CONSTRUCTION INC $1,713.00 Unpaid STATE CAPITAL CREDIT UNION G 101-21709 Medicare $50.00 PPE 10-2-99 Act 141923 Total STATE CAPITAL CREDIT UNION $50.00 -UnFaid'wmwn•.nn•""»•..,,"'.rx.,�,„'„",.xn,nSUPERIOFi SERVICES E 101-43610-390 Contracted Services $460.00 Sept recycling Total SUPERIOR SERVICES $460.00 UnPaid THOMAS R CORBIN E413-43100-500 Capital Outlay (GENERAL) $3,207.00 Odean Ave Easement Total THOMAS R CORBIN $3,207.00 :«<,�«•«<.m««,.�:•,««.»K:�.,««�«�.xxwx<xV.,:,�.<x«x�...»�,.««�««.<x<x:x<x<....�.xr„xxrx:xrxx,:xx:x::: UnPaid TRUCK TECHNOLOGIES xw:x:xxnx:x:: xxv: xrxx::n,.:rn.: xx:x::: x: xx::: x:xx::: n,-:. �::: x: E 101-43100-400 Repairs & Maint Cont (equip) $154.21 2283 IH Truck repair E 101-43100-400 Repairs & Maint Cont (equip) $226.58 2288 Grader repair E 101-43100-400 Repairs & Maint Cont (equip) $500.98 2267 81 Truck Total TRUCK TECHNOLOGIES $881.77 "Unpaid TRUE VALUE<,.w.,w..,w.�•rnw....�„w�,.n.wMw,.wr,,:n.,..n..n....,.,:..: .........:.............r....n.............M„x,.w,.,,,.•.xn..x,.,..�... E101-43100-220 Repair/Maint Supply (GENERAL) $71.88 Miscell parts E 101-43100-220 Repair/Maint Supply (GENERAL) $7.98 Miscell parts E 101-43100-220 Repair/Maint Supply (GENERAL) $8.77 Miscell parts E101-43100-220 Repair/Maint Supply (GENERAL) $19.96 Miscell parts E101-43100-220 Repair/Maint Supply (GENERAL) $25.84 Old City Hall Total TRUE VALUE $134.43 10100 BANK OF ELK RIVER $57,187.66 CITY OF OTSEGO Wednesday, October 13, 1999 Check Summary Register Page 1 of 1 Name Check .._ Check Arnt 00 BANKOFELIKRIVER UnPaid ICMA RETIREMENT TRUST $614.70 UnPaid PUBLIC EMPLOYEES RETIREMENT FD $749.09 UnPaid STATE CAPITAL CREDIT UNION $50.00 Total Checks $1,413.79 CITY OF OTSEGO Wednesday, October 13, 1999 Check Detail Register Page 1 of 1 ppO�Oyp;gg//// Check Amt Invoice ]CComment ,�,•/+,»}n;,+(� ,�+�(�1\ :�:�� . 1.fl��N .... ? ` e�(,\LOC .�ifi .��J�lii4�'`A�\\{Sf`�\:YiFF.�\ti„?OC•\\\�ic:1\'G\\\t•.`•ti 10100 BANK OF ELK RIVER UnPaid ICMA RETIREMENT TRUST G 101-21705 Other Retirement $422.39 PPE 9/18/99 E 101-41400-121 PERA $192.31 PPE 9/16/99 Total ICMA RETIREMENT TRUST $614.70 UnPaid PUBLIC EMPLOYEES RETIREMENT FD G 101-21704 PERA $358.32 PPE 9/18/99 E 101-43100-121 PERA $196.02 PPE 9/18/99 E 101-41400-121 PERA $194.75 PPE 9/18/99 Total PUBLIC EMPLOYEES RETIREMENT FD $749.09 UnPaid STATE CAPITAL CREDIT UNION G 101-21709 Medicare $50.00 PPE 9/18/99 Olson 141923 Total STATE CAPITAL CREDIT UNION $50.00 10100 BANK OF ELK RIVER $1,413.79