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04-24-00 CC
CITY OF OTSEGO 27Z,4, I- REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: �iEETLNG DATE: DEPARTMENT: PREPARED BY: 4.A. Special Presentations Elaine Beatty, City Clerk'Zoning Administrator April 24, 2000-6:30 PM ITEM[ N17MBER: ITEM DESCRIPTION 1. Jack Holmes, Varunan Const. - Discussion of building siding (metal lap) for Christ Lutheran Church, new addition. (See Attached Page 2, No. 2. Planning Report from NAC and Page No. 102, 20-17-4: Building Type and Construction: A. 3.) BACKGROUND: 4.A.1. Jack Holmes will discuss with the Council the metal lap type of siding they wish to use for the Christ Lutheran Church new addition. Jerry Olson, Building Official asked to have this on the Agenda for Council consideration. I have attached some information FYI. Dan Licht will also be present for any clarification of the ordinance. REC01iiMEND ATION: This are for Council information and any decisions. Thanks. AiA� < Elaine OCT -12-1999 18:05 NAC 612 595 983? P.03i0? 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 poop 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 20-17-4: BUILDING TYPE AND CONSTRUCTION: A. General Provisions: 1. Metal Buildings: No galvanized or unfinished steel, galvalum or unfinished aluminum buildings. (walls or roofs), except those specifically intended to have a corrosive designed finish such as corten steel shall be permitted in any zoning district, except in association with farming operations or as allowed by this Section. 2. Quality: Buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the property values of the abutting properties or adversely impact the public health, safety, and general welfare. 3. Finishes: Exterior building finishes shall consist of materials comparable in grade and quality to the following: a. Brick. b. Natural stone. C. Decorative concrete block. d. Cast in place concrete or pre -cast concrete panels. e. Wood, provided the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, cypress. f. Curtain wall panels of steel, fiberglass and aluminum (non-structural, non -load bearing), provided such panels are factory fabricated and finished with a durable non -fade surface and their fasteners are of a corrosion resistant design. g. Glass curtain wall panels. h. Stucco. i. Vinyl. j. Other materials as determined by the City Building Official but not including galvanized or unfinished metal. 4. Pole Buildings: Except for farming operations, pole buildings shall not be allowed as a principal building or structure, except in highly unique or special cases as may be allowed by a conditional use permit. B. Institutional, Business and Industrial Uses and Zoning Districts: 1. For all uses within the B-1, B-2, B-31 B -C, and INS ( Zoning Districts, any exposed metal or fiberglass finish on all buildings shall be limited to no more than fifty (50) percent of any one wall. Any metal finish utilized in the building shall be a minimum of twenty-six (26) Lin CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: IXIEETING DATE: DEPARTIMENT: PREPARED BY: 6. Dan Licht, City Planner: Elaine Beatty, City Clerk/April 24, 2000 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 6.1. Consider Richard and Patricia LeFebvres, 9244 Parrish Ave. NE, Applicant Kenneth Nathe, 19080 Lincoln St. N"V, Elk River, MN. PID #118-500- 143200, property is located E. of State Hwy. #101 and N. of Co. Rd. #39. (9101 Market). 6.2. Any Other Planning Business BACKGROUND: 6.1. Attached is a Memo dated April 18, 2000. Also attached is Zoning Ordinance Amendment Findings of Fact. Dan Licht will be present for review and questions. I have also attached a copy of the draft minutes of the April 17, 2000 P.C. for your information. The P.C., after discussion voted unanimously to approve the Ordinance Amendment to allow the Interim Use and the Interim Use Permit for non-farm related seasonal produce sales at the Highway #101 Market. For Council information, the BajariiBauerly item was withdrawn from the P.C. and will be re -submitted when they have the new application and materials ready. 6.2. This is for any other planning business that needs discussion. RECOyLMENDATION: 6.1. This item is for Council consideration for approval or denial. Th nits, Elaine .y� CITY OF OTSEGO PLANNING CO LNIISSION � , ,-MINUTES �d4?1' �, APRIL 17, 2000 - SPM 1. Chair Swenson will call the Planning Commission IMeeting_to order. Chair Swenson called the Planning Commission Meeting to order at 8PM. ROLL CALL Planning commission: Chair Carl Swenson, Richard Nichols, Steve Schuck, Patrick Moonen, Jim Kolles and Ken F1�,,, Alternate. Arleen Nagel and Cluistian Mbanefo were absent. City Staff: Elaine Beatty, City- Clerk, Zoning Administrator and Dan Licht, City Planner Council: Mavor Larry Fournier. Vern Heidner, Vir"ainia Wendel and Mark Benning. 2. Consideration of the Planninm Commission 'Minutes of: A. Monday, April 3, 2000 - 8PM A correction to the 'Minutes was noted on Pg. #3 before item #7, delete the last part of the sentence. -MOTION" BY PATRICK' IOONEN TO APPROVE THE MI N -L TES, WITH CORRECTION, OF APRIL 3, 2000 PLANNING COMMISSION MEETING. KEN FRY SECONDED THE MOTION. IMOTION CARRIED UNANIMOUSLY. 3. HEARING for Owners Richard and Patricia LeFebvre, 9244 Parrish Avenue N.E., Otsego, Minnesota, 55330. Applicant is Kenneth Nathe, 19080 Lincoln Street Ell: River, Minnesota, 55330. PID x118-500-143200, property- is located E. of State Highway #101 and N. of County Road #39. Legal description is on file at the City Clerk's Office at Otsego City Hall. Request is as follows: A. An Amendment to the Zoning Ordinance to allow an Interim L"se Permit in A-1 (General Agricultural) district. B. An Interim Use Permit Chair Swenson explained the request. Elaine Beatty noted that the proper publication, posting and mailings were completed. Dan Licht reviewed the planning report dated April 12, 2000. (See attached). He noted that if the Planning Commission wishes to continue the use, the Interim Use Perinit is recommended. Chair Swenson asked the applicant if they wished to speak. Ken Nathe - Noted he is the operator and Joe Nathe is the renter. Joe Nathe - Noted that the last 20 vears he has owned and operated his business on Highway #10 in Elk River. He has known the LeFeblTes for many years. They sold wholesale to large food chains for many years. He always liked LeFebvres location. Itis main concern is growing a nice product so the customers come back. IIe has raised flowers since 1991. He would like to continue to operate as they have been. His brother has kept the site neat. Ken & Julie Nathe - They have made their living for the last three years at this site by selling produce and sweet corn. Over 30 years LeFeb,.Tes and Nathe's have developed a customer base. They provide the residents of Otsego a place to shop until something else comes along. They would like a long term rental garden sale and produce market as shown in the pictures provided. In the future, if this land sells, we will be out of this site. CITY OF OTSEGO PLANNING CONLMISSION �YIEE,rING iY1IN17ES OF APRIL 1?, 2000 - PAGE 2 - Patty LeFebWe - 1Iv husband was born and raised on this farm. We own this property. 32 acres, plus the rest of the farm. This sweet corn business has been operating over 30 years. After the State put the road through the land, we started a corn stand for the children to have a job and money. We sold out of the wagon and a lean-to, then we built a building there. One summer one of their children had a areenhouse to earn money. She explained that this is seasonal sales. In 1996 LeFebWes approached Nathe's about running the business for them. They own Riverside Farms and have beautiful produce and flowers. In the spring of 199' Ken and Julie Nathe put up their greenhouse, then when they took it down, they sold sweet corn. "T\/Ir. Nathe is willing to go with a 1 -year at a time contract. For thirty years we have had no complaints and been able to sell these items. She wondered how many years she would have to have a business to be grandfathered. Chair Swenson - Explained the formal process for Hearing and, OPENED Ti HE PUBLIC HEARING. Dale Brown - Runs a greenhouse and produce market in Sherburne County. He knows the LeFebtires. Kids working is a positive tiling. When pickle season came along, LeFebveres would sell them. I am in favor of people that work. Let them work. Chair Swenson - noted the procedure we follow is on the back of the Agenda. Discussion went back to the P.C. Richard Nichols - questioned Dan Licht if the plans on the back of NTAC's Report are realistic`? Dan Licht - It looks like it would meet performance standards. He explained some of the �Vild and Scenic issues. DNR is only at the concept level of plans now. Richard Nichols - The current use is probably the best use we will find for now. Based on the Staff Report, the Interim Use is exactly what we want and it would not cause a hardship. He is in favor of the Interim Use for now. Jim Kolles - Agreed with Richard Nichols on the Interim Use Permit. He has lived in that area all his life. LeFeb-vTes land is well kept and doesn't seem to be a problem. There is a lot of traffic, but it does not seem to be a problem with 4101 being widened. C.'M. Heidner questioned I'vIr. Licht about the greenhouse being allowed and his report. 14r. Licht - There are three options: 1) Change the Zoning District. 2) Create an Interim Use - Greenhouse permitted. 3) No change. Chair Swenson - Questioned Dan Licht about the temporary greenhouse being appropriate. iX1r. Licht - Noted that it is temporary and appropriate. I. Under Decision 2) Richard Nichols read Re: Sewer and Water being extended to the site and asked if the 5 -rear term can be extended. Answer: Yes Richard Nichols - Asked applicants and owners if there were any conditions of the permit that they felt would not work. Dan Licht - Item D, Retail use, does the P.C. want to limit the scale of business to 109% or sorne other percentage? Ken Nathe - We had craft items there the first two vears. We will no longer have them. We sell shepard hooks and cedar planter boxes. We have had people come in asking for products to decorate their house. Ken Natllc - Pg. 3.B. says Maylst start date, could we change that to April 201h for future years, weather permitting. He also noted that the Greenhouse is there now and comes down completely and is stored. We mow the property and keep it looking nice. CITI" OF OTSEGO PLANNING COMMISSION MEETING MINUTES TES OF APRIL 17, 2000 - PAGE 3 - Richard Nichols - What happens if Nathes decide they don't want to operate there anymore? Dan Licht - It does not change with operators changing. Joe Nathe - We raise more than 70 -Acres of corn. Some will come from our other site. Noted that they would develop 8 acres with sewer and water and the remaining 12 acres they would give the land to the DNR and ask to farm it, if they were in control of the land. He noted that they have thought of long term business. No one else spoke. HEARING WAS CLOSED by Chair Swenson Back to P.C. discussion. RICHARD NICHOLS MOTIONED TO RECOMMEND APPROVAL OF THE ZONING ORDINANCE AMENDMENT TO ALLOW NON-FARM RELATED SEASONAL PRODUCE SALES AS ANINTERIM USE WITHIN ANA -1 DISTRICT BASED UPON A FINDING THAT THE USE IS CONSISTENT WITH THE COMPREHENSIVE PLANT ANI) THE INTENT OF THE A -I DISTRICT. STEVE SCHUCK SECONDED THE MOTION. MOTION CARRIED U.NANIA,1OUSLY. RICHARD NICHOLS MOTIONED TO RECOINIMEND APPROVAL OF THE INTERIM USE PERMIT TO ALLOW NON-FARM USE, SEASONAL PRODUCE SALES LNT ANT A-1 DISTRICT, SUBJECT TO THE CONDITIONS INT NAC'S REPORT ITEMS A - K AND ITEM B BEING CHANGED FROM MAY IST TO OCTOBER 31ST TO APRIL IST TO OCTOBER 31ST. AND ITEM D. BE CHANGED TO READ 5% OF THE GROSS SALES AREA MAY BE RETAIL SALES. KEN FRY SECONDED THE MOTIOIN. MOTION CARRIED UNANIMOUSLY. This item will be on the Council Agenda of Monday April 24, 2000 at 6:30PM. 4. HEARING for Owners Arlyn & Judith Baiari, 7121 Kadler Avenue N.E. (Otsego) Monticello. Mn. 55362 and Applicant Bauerly Brothers, Inc. 4787 Shadowwood Drive NE. Sauk Rapids, Mn. 56379. PID #'s involved are 118-800-273401 (41.17 Approx. Acres) and #118-800-274400 (27.34 Approx. Acres) all in Section 27, Township 121, Range 24, IV, right County, City of Otsego, M.N. Legal description is on file at the City Clerk's Office, City of Otsego_ This property is located W of Kadler Avenue N.E. and N of 70TH ST N.E. and N of I-94. Request is as follows: A. Rezone from A-1 (General Agricultural, Rural Service Area) to I-2 (General Industrial District) the entire 41.17 and 27.34 approximate acres. OR B. Rezone the 2 Acres to be leased by Bauerh' Brothers, Inc. from A-1 (General Agricultural, Rural Service Area) to I-2 (General Industrial District) C. Conditional Use Permit to allow outside storage in an I-2 District. CITY" OF O TSEGO PLANNING COINWAUSSION MEETING iY-ILN TES OF APRIL 17, 2000 - PAGE 4 - (Continued froom the April 3, 2000 P.C. 'Meeting) CARL Stiti'ENSON CLOSED THE HEARING. He noted that the request had been withdrawn by the applicant. 4. Any other P.C. Business A. Update on. Council Action by CM Vern Heidner CM Heidner -Noted that 33 houses were approved for the 21\1) Addition of Crimson Ponds. The; 3RD addition of Prairie Creek with 74 homes has Preliminary Plat approval. The lots are going fast, as they want to reserve capacity. He noted that the Randy and Debbie Carron house relocation was approved by the Council. Dan Licht - Explained that Bajari's withdrew their application. We met with them twice to review and discuss a new application. They are looking at mid May to reapply with a new application. 5. Adjourn by 10PM RICHARD NICHOLS MOTIONED TO ADJOT—M. N THE P.C. MEETING. STEVE SCHUCK SECONDED THE MOTION. MOTION CARRIED UNANTIAMOUSLY. IMEETING ADJOURNED AT 8:55PM. ARLEEN NAGEL, SECRETARY L .1inutes by: Elaine Beatty, City Clerk/Zoning Adni./Recording Secretary eb rue: 2 -PC -NM ANTS INC MEMORANDUM TO: FROM: DATE: RE: FILE NO.: NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH Otsego Mayor and City Council Daniel Licht 18 April 2000 Otsego -Highway 101 Market 176.02 - 00.15 6,/ Please be advised that the Planning Commission held a public hearing on April 17, 2000 to consider the Zoning Ordinance amendment and Interim Use Permit applications for the above referenced business. The applicant's were present at the public hearing to provide additional background information regarding the history of the site and the existing use. Comments were received from Mr. Dale Brown of Sherburne County in support of the request. In reviewing the application, the Planning Commission believed that the existing use is likely the highest use the City can achieve at this location in consideration of the Wild/Scenic restrictions and lack of sanitary sewer service east of Highway 101. In terms of the use within the context of the broader A-1 District, the Planning Commission found that the proposed conditions imposed on the use would minimize any potential impacts. As such, the Planning Commission voted 6-0 to recommend an amendment of the Zoning Ordinance to allow non-farm seasonal produce sales in the A-1 District as an interim use. Subsequently, the Planning Commission voted 6-0 to recommend approval of an interim use permit to allow non-farm related seasonal produce sales at the Highway 101 market. In making these recommendations, the Planning Commission modified the proposed conditions so as to better address the existing uses at the Highway 101 Market. These changes have been carried through to the proposed Ordinance amendment for consistency. Findings of fact and an Ordinance have been prepared to reflect the recommendations of the Planning Commission and are attached to this memorandum. PC. Mike Robertson Elaine Beatty Andy MacArthur Larry Koshak 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 61 2-595-9636 FAX 61 2-595-9837 E-MAIL NAC@a WINTERNET.COM CITY OF 4-18-00 lr 0 r '` s Zoning Ordinance Amendment WRIGHT COUNTY, MINNESOTA Findings of Fact & Decision Applicant's Name: Kenneth and Julie Nathe / Richard and Patricia LeFebvre Request: Consideration of a Zoning Ordinance amendment to allow non-farm related seasonal produce sales within the A-1 District as an interim use. City Council Meeting Date: 24 April 2000 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 applicants own and operate the Highway 101 Market located at CSAH 39 / T.H. 101, engaging in sale of seasonal produce from a permanent structure as a legal non- conforming use. 2. The applicants have requested the City Council amend the Zoning Ordinance to make non- farm related seasonal produce sales an interim use within the A-1 District. 3. City staff has prepared a proposed amendment to Section 20-26-8 of the Zoning Ordinance to establish non-farm related seasonal produce sales as an interim use within the A-1 District for consideration by the Planning Commission and City Council, attached as Exhibit A. 4. The Planning Commission and City Council must take into consideration the possible effects of the conditional use with their judgement based upon (but not limited to) the criteria outlined in Section 20-3-2.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 intent of the A-1 District is to promote continuation of commercial agricultural activities within the community and also act as an interim land bank area to allow for orderly urban growth and development. In this regard, the proposed interim use is in conformance with the intent of the Comprehensive Plan. The Planning Commission and City Council may also consider the following policies that either support or discourage the requested actions: Support Ail developnjent ptcpuz;.,,s shall oe analyzed on an individual basis from a physical, economic, and social standpoint to determine the most appropriate uses within the context of the community as a whole. (Policy Plan p. 36) B. The proposed use's compatibility with present and future land uses of the area. Finding: Allowance of a commercial oriented use within the A-9 District, even as an interim use, raises some compatibility concerns when considered in the boarder context of the District. Limitations applicable to non-farm related produce stands have been proposed in order to minimize the scale of such operations and direct their location to areas capable of supporting them. C. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding. The applicant has not provided adequate information to determine compliance with applicable performance standards (existing or proposed). A condition of any approval should be submission of a site plan subject to review and approval of City Staff. D. The proposed use's effect upon the area in which it is proposed. Finding: The introduction of a limited non-farm seasonal produce sales business has the potential to create negative compatibility impacts with other uses in the A-1 District. The proposed use also raises questions regarding equitable treatment of commercial uses within the Zoning Ordinance. To address these concerns, any allowance of non-farm seasonal produce stands must be limited in scale so as not to be a blight to A-9 District uses or compete directly with allowed commercial uses in commercial districts. E. The proposed use's impact upon property values of the area in which it is proposed. Finding: Because of the compatibility concerns of allowing a limited commercial use within the A-1 District, there is potential for impacting property values. Precaution must be taken to minimize any potential impacts through limits on the scale of such operations. F. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: The proposed interim use has potential to generate traffic beyond the capabilities of rural or urban local streets. Therefore it is recommended that such uses be limited to parcels adjacent to arterial or collector streets and direct access from a paved City Street. G. The proposed use's impact upon existing public servicesand facilities including L n^rKS, ;r! 1Or.'C, CtrAt'ln fir.-� rail;a;.r• �� :�q .,n� ,,+ �t ar r.•,o!i. urd- thq I ..itv's service capacity. Finding: The proposed use, and such use of the subject site, is not anticipated to have a negative impact to the City's service capacity provided it is limited in scale, has adequate access and does not interfere with implementation of the City's Land Use Plan. 5. The planning report dated 12 April 2000 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 6. The Otsego Planning Commission conducted a public hearing at their regular meeting on 17 April 2000 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 6-0 vote that the City Council approve the proposed Zoning Ordinance amendment based on the aforementioned findings. Decision: Based on the foregoing information and applicable ordinances, the requested Zoning Ordinance amendment to allow non-farm seasonal produce sales as an interim use within the A-1 District, as outlined by Exhibit A, is hereby approved based on the most current plan and information received to date. PASSED by the Otsego City Council this 24th day of April, 2000. Attest: CITY OF OTSEGO Larry Fournier, Mayor Elaine Beatty, Zoning Administrator/City Clerk C i i . U' .' IL. _ WRIGHT COUNTY, 10INNESOTA ORDINANCE #00 - AN ORDINANCE AMENDING SECTION 20-26-8 OF THE ZONING ORDINANCE TO ESTABLISH NON-FARM RELATED SEASONAL PRODUCE SALES AS AN INTERIM USE WITHIN THE A-1 ZONING DISTRICT. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-26-8 of the Zoning Ordinance (A-1 District - Interim Uses) is hereby amended to include the following: C. Non-farm related seasonal produce sales as a principal use provided that: 1. Retail produce sales may only be conducted on the subject site, between April 1 st and October 31 st of any given year. 2. The sales area devoted to produce not grown on the subject site shall be limited to not more than ten (10) percent of the gross floor area of the principal use. 3. The area devoted retail sales of non -produce goods shall be limited to not more than five (5) percent of the gross floor area of the principal use. 4. Municipal sanitary sewer and water service is not presently available to the subject site. 5. The use have frontage to a arterial or collector street and direct access from a paved City Street. 6. Adequate off-street parking space and surface is provided and no parking related to such sales occurs on the public right-of-way. 7. Signs: a. Are located only on the subject site and are no more than 100 feet from the point of sale. EXHIBIT A _. re .i;. iit@Q IJ f... , : �i C ii 101 . NU S' -11 r S tGta:-I � 10t f?lQ than sixteen ('16) square feet. C. Are erected and removed daily and are not to be displayed at times when the sales operation is closed. Section 2. This Ordinance shall be in full force and effect upon its passage and publication. PASSED by the Otsego City Council this 24th day of April, 2000. CITY OF OTSEGO Larry Fournier, Mayor Attest: Elaine Beatty, Zoning Administrator/City Clerk CITY OF 4-18-00 0 T Interim Us � Permit WRIGHT COUNTY, MINNESOTA Findings of Fact & Decision Applicant's Name: Kenneth and Julie Nathe / Richard and Patricia LeFebvre Request: Consideration of an interim use permit to allow non-farm related seasonal produce sales within the A-1 District at the Highway 101 Market located northeast of CSAH 39/T.H. 101. City Council Meeting Date: 24 April 2000 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 described by attached Exhibit A. 2. The property lies within the Sanitary Sewer Service District and is guided for commercial land use by the 1998 Comprehensive Plan Update. 3. The property is zoned A-1, Agricultural Rural Service District; Non-farm related produce sales is an interim use within said District. 4. The Planning Commission and City Council must take into consideration the possible effects of the conditional use with their judgement based upon (but not limited to) the criteria outlined in Section 20-4-21 of the Zoning Ordinance: A. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The intent of the A-1 District is to promote continuation of commercial agricultural activities within the community and also act as an interim land bank area to allow for orderly urban growth and development. The specific site in question illustrates that a limited scale business in an appropriate location does not necessarily cause conflicts and may be appropriate for the short term until urban development can occur. Therefore, if allowed, there must be an emphasis on limiting the scale of the operation to 1) not cause conflicts with low intensity uses and service capabilities of the A-1 District and 2) not reach such a scale that the interim use becomes a deferment of commercial rezoning and conformance with applicable performance standards, which would represent in inequitable implementation of the Zoning Ordinance. The Planning Commission and City Council may also consider the following policies that either support or discourage the requested actions: Support All development proposals shall be analyzed on an individual basis from a physical, economic, and social standpoint to determine the most appropriate uses within the context of the community as a whole. (Policy Plan p. 36) B. The proposed use's compatibility with present and future land uses of the area. Finding: Given the agricultural use and character of the area surrounding the subject parcel, the existing use is likely to be compatible with the present land uses. However, this area is anticipated to develop with urban commercial uses that would be consistent with the performance standards of the Zoning Ordinance. The existing use and site conditions of the subject site may be incompatible and a negative influence to the anticipated development pattern. As such, the duration of the interim use must be limited. C. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The applicant has not provided adequate information to determine compliance with applicable performance standards (existing or proposed). A condition of any approval should be submission of a site plan subject to review and approval of City Staff. D. The proposed use's effect upon the area in which it is proposed. Finding: Any allowance of non-farm seasonal produce stands must be limited in scale so as not to be a blight to A-1 District uses or compete directly with allowed commercial uses in commercial districts. E. The proposed use's impact upon property values of the area in which it is proposed. Finding: Because of the compatibility concerns of allowing a limited commercial use within the A-1 District, there is potential for impacting property values. As it pertains to the subject site,, the proposed use is not anticipated to negatively impact area property values based upon the present character of the area, although no study has been completed. F. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding. The proposed interim use has potential to generate traffic beyond the capabilities of rural or urban local streets. Therefore it is recommended that such uses be limited to parcels adjacent to arterial or collector streets and direct access from a paved City Street. The subject site has frontage to T.H. 101 and has direct access from Quantralle Avenue, which is a paved public street with adequate capacity. 2 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, and such use of the subject site, is not anticipated to have a negative impact to the City's service capacity provided it is limited in scale, has adequate access and does not interfere with implementation of the City's Land Use Plan. 5. The planning report dated 12 April 2000 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 6. The Otsego Planning Commission conducted a public hearing at their regular meeting on 17 April 2000 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 6-0 vote that the City Council approve the interim use permit based on the aforementioned findings. Decision: Based on the foregoing information and applicable ordinances, the requested interim use permit to allow non-farm seasonal produce sales within the A-1 District is hereby approved based on the most current plan and information received to date, subject to the following conditions: The applicant submit a site survey and building plans which is found to be in conformance with the provisions of the Zoning Ordinance, subject to review and approval of City Staff. 2. Retail produce sales may only be conducted on the subject site between April 1st and October 31 st of any given year. 3. The sales area devoted to produce not grown on the subject site shall be limited to not more than ten (10) percent of the gross floor area of the principal use. 4. The sales area devoted to non -produce goods shall be limited to not more than five (5) percent of the gross floor area of the principal use.. 5. Adequate off-street parking space and surface is provided and no parking related to such sales occurs on the public right-of-way. 6. Signs: a. Are located only on the private property of the farm owner/operator and are no more than 100 feet from the point of sale. b. Are limited to no more than two (2) structures totaling not more than sixteen (16) square feet. C. Are erected and removed daily and are not to be displayed at times when the sales operation is closed. 7. All structures shall conform to the requirements of the Building Code and sanitary facilities shall be provided. 8. Any or all on-site utilities are subject to review and approval of the City Engineer. 9. The Interim Use Permit shall expire at such time as the subject property is subdivided, a change in Zoning classification is approved, municipal trunk sanitary sewer and/or water service is extended to the east side of T. H. 101 to serve any parcel within Section 14 or 23, T121 N - Range 23W, there is a change in the facility operator or after a period of five (5) years, whichever occurs first. 10. The applicant enter into a development contract with the City, subject to review and approval of the City Attorney. PASSED by the Otsego City Council this 24th day of April, 2000. CITY OF O S By: Larry Fournier, Mayor Attest: laine Beatty, Zoning Administr or/City Clerk � A A . . CITE' OF OTSE GO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: 'v[EETLN,G DATE: DEPARTMENT: PREPARED BY: 8. Andrew MacArthur, City- :attorney Elaine Beatty, City Clerk.April 24, 2000 6:;30PM ITEM 1 -UMBER: ITEM DESCRIPTION S. Andrew MacArthur, City Attorney: 8.1. Consideration of Amendment of ISTS Ordinance per State Regulations 8.2. Any Other Legal Business BACKGROUND: Andy Mac Arthur will be present for comments and information. 8.1. See attached information. 8.2. This item is for any other legal business that may arise. RECOI,LNIENDATION: This is for Council consideration and any approval needed. Thanks, 5Elaine Michael G Couri- Andrew J. MacAnhur Marcus W. Miller •A Lw licensed in ft&wis April 13, 2000 CO URI & MACAR THUR Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN55376-0369 (763) 497-1930 (763) 497-2599 (FAX) couriandmacanhur®pobox. com VIA U.S. MAIL City of Otsego 8899 Nashau Avenue N.E. Elk River, MN 55330 Attention: Mike Robertson, City Administrator Re: Otsego — Amended Individual Sewage Treatment Ordinance Dear Mike: I am writing with regard to the above -referenced matter. Please find enclosed the following documents: 1. An amended `Sewage and Wastewater Treatment Ordinance' (99-4) 2. A resolution (and summary) authorizing publication of a summary of the ordinance. 3. A copy of the amended ordinance showing the changes by underlines and strike throughs. 17 2000 As you may recall, this ordinance was adopted sometime last Spring or Summer. Subsequent to that adoption, the Legislature and MPCA changed the statutes and regulations related to individual septic systems. The amended ordinance reflects those changes, as well as suggestions made by Mike Marketon at the MPCA. We advise adopting the amended ordinance. The amendment is required by law to be sent to the MPCA for review, even though many of the changes were suggested by the agency. Also, the law requires that the City keep a list of differences between its ordinance and Minnesota Rules, Chapter 7080. The enclosed ordinance is consistent with 7080 and therefore no list is required. I mention this in the event that someone asks for such a list. Please let me know when you adopt this ordinance and send it to the MPCA for review. Y>tnytiv, arc Mi r Couri & MacArthur Law Office CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. SEWAGE AND WASTEWATER TREATEMENT ORDINANCE Table of Contents Subdivision 1. Purpose and Intent.......................................................... Page 1 Subdivision 2. Definitions........................................................................ Page 1 2.10 Definitions.............................................................................. Page 1 Subdivision 3. General Provisions........................................................... Page 3 3.10 Scope and Application............................................................ Page 3 3.20 Standards Adopted By Reference ............................................ Page 3 3.30 Permits Required..................................................................... Page 3 3.40 License Requirements............................................................. Page 3 3.50 Additional Soil Treatment Area Required ............................... Page 4 Subdivision 4. Administration................................................................. Page 4 4.10 Ordinance Administration....................................................... Page 4 4.20 Duties of the Clerk.................................................................. Page 4 4.30 Duties of the Building Inspector .............................................. Page 4 4.40 City Engineer Duties............................................................... Page 4 Subdivision 5. Permit Application Requirements and Procedures ....... Page 4 5.10 Application Information.......................................................... Page 4 5.20 Application Form.................................................................... Page 4 5.30 Legal Description, Name and License Date of ISTS Professional................................................................... Page 4 5.40 Site Plan .................................................................................. Page 5 5.50 System Design Data................................................................ Page 5 5.60 Other Data............................................................................... Page 6 Subdivision 6. Permit Approval Procedures .......................................... Page 6 6.10 Permits.................................................................................... Page 6 6.20 Permit Fees............................................................................. Page 6 6.30 Submission of Application...................................................... Page 6 6.40 Technical Review.................................................................... Page 6 6.50 Approval by Building Inspector .............................................. Page 6 Subdivision 7. Inspections....................................................................... Page 7 7.10 General Inspection Requirements ............................................ Page 7 7.20 Time and Manner of Inspection ............................................... Page 7 7.30 Certificate of Compliance and Notice of Non-compliance....... Page 7 7.40 Inspection Protocol.................................................................. Page 8 7.50 No Warranty or Guarantee of Operation .................................. Page 9 Subdivision 8. Non -Compliant Systems; Failing Systems and Systems Posing an Imminent Threat .............................................. Page 9 8.10 Modification or Discontinuance Required ............................... Page 9 8.20 Non-compliant Systems.......................................................... Page 9 8.30 Failing Septic Systems..............................:............................. Page 9 8.40 ISTS System Posing an Imminent Threat ................................ Page 9 Subdivision 9. Warrantied, Alternative & Other Systems; Variances.. Page 10 9.10 Application for Alternative, Warrantied and Other Systems .... Page 10 9.20 Review by City Engineer......................................................... Page 10 9.30 Requirements for Approval ..................................................... Page 10 9.40 Approval Process.................................................................... Page 10 9.50 No Right to Approval.............................................................. Page 10 9.60 Variances................................................................................ Page 11 Subdivision 10. Record Keeping............................................................. Page 11 10.10 Required Records.................................................................. Page 11 10.20 Reports and Filings............................................................... Page 11 Subdivision 11. Enforcement................................................................... Page 12 11.10 Violations.............................................................................. Page 12 11.20 Remedies............................................................................... Page 12 ii Subdivision 12. Connection to Municipal Sewer .................................... Page 12 12.10 Connection to Municipal Sewer; When Required .................. Page 12 12.20 Cause for Denial; Condition of Approval .............................. Page 12 Subdivision 13. Repealer......................................................................... Page 13 13.10 Repealer................................................................................ Page 13 Subdivision 14. Severability.................................................................... Page 13 14.10 Severability........................................................................... Page 13 iii CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. SEWAGE AND WASTEWATER TREATMENT ORDINANCE The City Council of the City of Otsego hereby Ordains as follows: SUBDIVISION 1. PURPOSE AND INTENT The purpose of the Sewage and Wastewater treatment Ordinance is to provide minimum standards for and regulation of individual sewage treatment systems (ISTS) and septage disposal including the proper location, design, construction, operation, maintenance and repair to protect surface water and ground water from contamination by human sewage and waterborne household and commercial waste; to protect the public's health and safety, to protect the natural environment and to eliminate or prevent the development of public nuisances. This Ordinance is adopted pursuant to the authority granted under Minnesota Statutes Chapters 115 and 145A and Minnesota Rules Chapter 7080 pertaining to sewage and wastewater treatment, as the same may from time to time be amended. SUBDIVISION 2. DEFINITIONS 2.10 Definitions. For purposes of this Ordinance the following capitalized and italicized terms and phrases, wherever they appear, have the meanings indicated: `Alternative System' means an ISTS employing the methods and devices presented in Minnesota Rules §7080.0172 or as designated by the Commissioner in §7080.0400, subpart 2. `Certificate of Compliance' means a document written after a compliance inspection, certifying that an ISTS is in compliance with the applicable requirements at the time of inspection. `City' refers to the City of Otsego, a municipal corporation duly organized under the law of the State of Minnesota. `Commissioner' refers to the Commissioner of the Minnesota Pollution Control Agency. `Failing System' means a seepage pit, cesspool, drywell, leaching pit, other pit, a tank that obviously leaks below the designated operating depth, or any system with less than the required vertical separation as described in §7080.0060, subpart 3. `Imminent Threat' means situations with the potential to immediately and adversely impact or threaten public safety or health. At a minimum, ground surface or surface water discharges and any system causing sewage backup into a dwelling or other establishment shall constitute an Imminent Threat. `ISTS' stands for Individual Sewage Treatment System. `Individual Sewage Treatment System(s)' means a sewage treatment system, or part thereof, serving a dwelling, or other establishment, or group thereof, and using sewage tanks followed by soil treatment and disposal or using advanced treatment devices that discharge below final grade. Individual sewage treatment system includes holding tanks and privies. `ISTS Permit' refers to a permit required by and issued pursuant to this Ordinance for the construction, installation, repair, alteration, relocation, maintenance or pumping of an ISTS. `ISTS Professional' means a person who designs, installs, alters, repairs, maintains, pumps or inspects all or part of an individual sewage treatment system and is required to comply with applicable requirements. `Non-compliant System' means an ISTS that is a Failing System, a system posing and Imminent Threat or a system that otherwise does not meet the standards set forth in Minnesota Rules, Chapter 7080. A Non-compliant System does not include Alternative Systems, Wairantied Systems and Other Systems, provided such systems are not Failing Systems and do not pose an Imminent Threat to the natural environment or the public health, safety and welfare. `Notice of Non-compliance' means a document written and signed by a qualified employee or licensee after a compliance inspection that gives 2 notice that an individual sewage treatment system is not in compliance with as specified under §7080.0060. `Other Systems' means systems described in §7080.0178 that do not meet the technical standards and criteria and rely on soil treatment and disposal. `Standard System' means an ISTS that meets the requirements and specifications of Minnesota Rule Chapter 7080 and which is not a Warrantied, Alternative or Other System. `Warrantied System' means an ISTS product or design on the warrantied systems list under §7080.0450. Any terms or phrases that appear in this Ordinance and which are not specifically defined shall have the meaning given in Minnesota Rules §7080.0020. Any reference in this Ordinance to sections of 7080 refer to Minnesota Rules, Chapter 7080 as the same may be amended from time to time. SUBDIVISION 3. GENERAL PROVISIONS 3.10 Scope and Application. This Ordinance shall apply to all existing and future individuals sewage treatment systems located within the City of Otsego. 3.20 Standards Adopted By Reference. The City hereby adopts by reference Minnesota Rules Parts 7080.0010 to 7080.0315, as the same may from time to time be amended, relating to minimum technical standards and criteria for Individual Sewage Treatment Systems. Any ISTS constructed and installed within the City subsequent to the adoption of this Ordinance must comply with these provisions adopted by reference, unless otherwise approved as a Warrantied, Alternative or Other System pursuant to Subdivision nine (9) of this Ordinance. 3.30 Permits Required. No person shall construct, install, alter, repair, extend, relocate or pump any Individual Sewage Treatment System in the City of Otsego without first applying for and obtaining a permit as provided in Subdivision five (5) of this Ordinance. 3.40 License Requirements. No person shall engage in the evaluation, inspection, design, installation, construction, alteration, extension, repair, maintenance or pumping of an Individual Sewage Treatment Systems without first obtaining a license to perform such tasks from the 3 Commissioner as required by Minnesota Rules §7080.0700 through 7080.0720. 3.50 Additional Soil Treatment Area Required. For all lots created after January 23, 1996, the ISTS system design shall identify and designated at least one alternative soil treatment area, in addition to the primary soil treatment area, which can support a standard soil treatment system. SUBDIVISION 4. ADMINISTRATION 4.10 Ordinance Administration. The City Clerk, Building Inspector and City Engineer shall be responsible for the administration of this Ordinance. 4.20 Duties of the Clerk. The City Clerk shall be responsible for the administration and issuance of orders, permits and notices required by this Ordinance. The Clerk is authorized and directed to cooperate with local and state officials and personnel in the enforcement of this Ordinance, Minnesota Rules Chapter 7080 and applicable state laws. 4.30 Duties of the Building Inspector. The Building Inspector shall be responsible for site and system inspections, compliance determinations, investigation of failing systems and permit review and any other duties necessary to ensure compliance with the provisions of this Ordinance, Minnesota Rules Chapter 7080 and applicable state law. The Building Inspector shall be properly licensed by the MPCA to conduct the foregoing duties as required by Minnesota Rules Chapter 7080, as the same may from time to time be amended. 4.40 City Engineer Duties. The City Engineer shall be responsible for review and system design analysis on all Warrantied, Alternative or Other systems approved under subdivision nine (9) of this Ordinance. SUBDIVISION 5. PERMIT APPLICATION REQUIREMENTS AND PROCEDURES. 5.10 Application Information. Each permit application required by section 3.30 above shall be presented as follows and contain all of the following information: 5.20 Application Form. Applications for permits shall be made on forms approved and furnished by the City. The application must be signed by the applicant and shall be submitted to the City Clerk. 11 5.30 Legal Description, Name and License Data of ISTS Professional. Each permit application shall contain the legal description of the property for which the permit is requested. The application shall also disclose the name of the ISTS Professional who will perform the work for which the permit is required and provide all license data required by Minnesota Rules §7080.0700 through 7080.0720. 5.40 Site Plan. Each permit application shall be accompanied by a site plan, prepared by an ISTS Professional or professional land surveyor, showing the following, unless such requirements are specifically waived, in whole or in part, in writing by the City's Building Inspector: a. the location of any proposed or existing building on the subject property. b. the boundary lines of the subject property. C. the location of water supply facilities. d. the location and ordinary high water mark or any streams, ponds or lakes located on or within 150 feet of the subject property. e. that the proposed ISTS meets all setbacks as required by Minnesota Rules Chapter 7080. f. topographic contours at two (2) foot intervals. Topographic contours and elevations shall be drawn to scale on the site plan using common Engineers scale. g. the location of any ISTS or wells on adjoining lots within 150 feet of the subject property. Each site plan shall be accompanied by a certificate of accuracy from the ISTS Professional or land surveyor who prepared the site plan. 5.50 System Design Data. Each permit application shall include a complete design plan showing the size and location of all parts of the ISTS and provide a design certification from a licensed ISTS Professional as to the adequacy and location of the ISTS in relation to the requirements imposed by 7080. 5 5.60 Other Data. Each permit application shall contain any and all additional information, as may be required by the City, necessary to show that the conditions of 7080 will be met. SUBDIVISION 6. PERMIT APPROVAL PROCEDURES. 6.10 Permits. Permits shall be approved or denied as hereinafter provided in this subdivision. 6.20 Permit Fees. The City Council shall, by resolution, set the amount of fees to be collected at the time of application for permits required by this Ordinance. 6.30 Submission of Application. Permit applications shall be submitted to the City Clerk, along with the permit fee. The Clerk shall forward all applications to the Building Inspector. The Building Inspector shall, within five (5) days, determine whether a submitted application is complete. Incomplete applications shall be rejected and returned to the applicant along with a written explanation as to why the application has been rejected. 6.40 Technical Review. Once a complete application is received, the Building Inspector shall review the application to determine whether it meets the requirements and standards of this Ordinance and of Minnesota Rules Chapter 7080. The Building Inspector may, in his or her sole discretion, submit the permit application to the City Engineer for review, comment and/ or a determination as to whether the application meets the requirements of this Ordinance and Minnesota Rule Chapter 7080. 6.50 Approval by Building Inspector. Once a determination is made that the application meets all applicable requirements, then the application shall be returned to the City Clerk who shall issue the ISTS permit. The Building Inspector and/or City Engineer may impose any and all conditions to ensure compliance with the requirements of state law, Minnesota Rule Chapter 7080 and applicable local ordinance. If it is determined that the application does not meet the requirements of this Ordinance or Minnesota Rules Chapter 7080, then the Clerk shall give notice to the applicant that the application has been rejected and state the reasons for such rejection as provided by the Building Inspector and/ or City Engineer. The decision to approve or deny the application permit should occur within ten (10) days of the Building Inspector's receipt of a complete application. Failure to approve an application within ten (10) days shall not be construed as an approval or otherwise allowing an ISTS that would not be approved under this Ordinance, Chapter 7080 or other applicable law. SUBDIVISION 7. INSPECTIONS 7.10 General Inspection Requirements. The Building Inspector shall make such ISTS inspections as are necessary to determine compliance with this Ordinance, Minnesota Rules Chapter 7080 and/ or any conditions contained in permits issued hereunder. The following events shall trigger an ISTS compliance inspection: a. a permit is granted under section 6.50 above. b. a building permit or variance is granted for new construction or the addition of a bedroom or bathroom on property served by an ISTS. c. for all new ISTS construction, or any ISTS replacement, repair, alteration, maintenance or operation. d. Granting of request for change in system design or change in permit conditions. e. the City learns or receives a complaint that a particular ISTS may be a Failing System or poses an Imminent Threat to public health safety and welfare. 7.20 Time and Manner of Inspection. Inspections shall be made by the Building Inspector and/ or City Engineer to ensure compliance with the requirements of this Ordinance, Minnesota Rules Chapter 7080 and any permit conditions. Inspections shall be made within seven (7) days of written notification by any ISTS Permit holder that the ISTS for which the permit was issued is ready for inspection. No part of the ISTS shall be covered until it has been inspected and accepted by the Building Inspector and/ or the City Engineer. It shall be the responsibility of the permit applicant to notify the Building Inspector in writing that the project is ready for inspection. Inspections shall be made prior to the issuance of a building permit or variance for new construction or the addition of a bathroom or bedroom on property served by an ISTS. 7.30 Certificate of Compliance and Notice of Non-compliance. No newly constructed, installed, altered, repaired, extended or relocated ISTS shall be placed in operation until it has received a Certificate of Compliance as hereafter provided. Upon completion of the ISTS inspection as described OA in section 7.20 above, the Building Inspector and/ or City Engineer shall make a determination as to whether or not the ISTS has been constructed, repaired, extended or relocated in compliance with the requirements of this Ordinance, Minnesota Rules Chapter 7080 and any permit conditions. If the ISTS is found to be compliant, then a Certificate of Compliance shall be issued to the property owner within thirty (30) days of inspection. If, however, the ISTS is found to be out of compliance, then a Notice of Non- compliance shall be issued. The Notice of Non-compliance shall state which portions of the ISTS are not compliant and shall further state a reasonable period for the property owner to bring the system into compliance. Once the necessary changes are made or the period specified in the Notice of Non-compliance has run, whichever occurs first, then the ISTS shall be again inspected as provided above. If upon re -inspection the ISTS is not compliant then a Notice of Non-compliance shall be issued to the property owner. The Notice of Non-compliance shall why the ISTS is non -complaint. A copy of the Certificate of Non-compliance shall be forwarded to the City Attorney for enforcement as provided in subdivision eleven (11) below. 7.40 Inspection Protocol. In the event that the Building Inspector cannot complete an inspection or perform all required inspections in a timely manner, the Building Inspector is authorized and directed to develop and inspection protocol. The inspection protocol shall establish the order and priority of inspections. For any ISTS required to be inspected for which the Building Inspector is unable to actually physically inspect the ISTS, the Building Inspector shall require that evidence of compliance be submitted. Evidence of compliance includes, but is not limited to, the following: a. affidavits from the ISTS Professional who performed any construction, installation, repair, alteration or relocation of the ISTS. b. video, electronic or photographic images of certain components and/ or work performed. c. `As -built' drawings. d. any other data, as may be required by the Building Inspector in lieu of an actual inspection, evidencing compliance with this Ordinance, Minnesota Rules Chapter 7080 and applicable state law. The Building Inspector shall review such evidence and issue either a Certificate of Compliance or Notice of Non-compliance accordingly. 8 7.50 No Warranty or Guarantee of Operation. Neither the issuance of an ISTS Permit or Certificate of Compliance, nor any inspection of an ISTS shall constitute any warranty or guarantee that said ISTS will operate or function properly. SUBDIVISION 8. NON-COMPLIANT SYSTEMS; FAILING SYSTEMS AND SYSTEMS POSING AN IMMINENT THREAT 8.10 Modification or Discontinuance Required. If upon inspection an ISTS is found to be a Non-compliant System, Failing System or a system posing an Imminent Threat to the natural environment or the public health, safety and welfare, then the ISTS shall, if possible, either be modified or repaired to comply with this Ordinance or its use discontinued within the time periods specified in this subdivision. 8.20 Non-compliant Systems. A Non-compliant System, other than a Failing System or system posing and Imminent Threat, shall be properly repaired or modified or its use discontinued within three (3) years of issuance of a Notice of Non-compliance for said system. However, a Certificate of Compliance issued under this Ordinance for a new system shall be valid for a period of five (5) years, unless said system is subsequently found to be a Failing System or a system posing an Imminent Threat to the natural environment or the public health, safety and welfare. 8.30 Failing Septic Systems. A `Notice of Non-compliance' shall be issued and copies provided to the property owner and to the City within thirty (30) days after inspection when a failing system is found. A failing ISTS shall be upgraded, replaced or its use discontinued within the six (6) months of issuance of the Notice of Non-compliance. In calculating the aforementioned six (6) month period, the months of November, December, January, February, March and April shall not be counted. 8.40 ISTS System Posing an Imminent Threat. Any ISTS posing an imminent threat to the natural environment or public health, safety or welfare shall be upgraded, replaced or repaired, or its use discontinued, within a reasonable period of time, not to exceed three (3) months. In calculating the aforementioned three (3) month period, the months of November, December, January, February, March and April shall not be counted. 6 SUBDIVISION 9. WARRANTIED, ALTERNATIVE AND OTHER SYSTEMS; VARIANCES 9.10 Application for Alternative or Other Systems. Application for approval of a Warrantied, Alternative or Other System shall be made in the same manner applying for a ISTS permit as provided in subdivision five (5) above. 9.20 Review by City Engineer. All applications requesting approval of a Warrantied, Alternative or Other System shall be forwarded to the City Engineer for a determination of eligibility for approval under this Ordinance, Minnesota Rules Chapter 7080 and applicable State law. The City Engineer may require an applicant to submit any additional information as may be required by the City Engineer to determine eligibility for possible approval under this subdivision. If the City Engineer determines, based upon the application materials, that the proposed Warrantied, Alternative or Other System cannot meet the requirements of Minnesota Rules, Chapter 7080 or this Ordinance, then such application shall be denied and the City Clerk shall send to notice of such denial to the applicant. 9.30 Requirements for Approval. To be eligible for possible approval, any Warrantied, Alternative or Other System must meet the requirements of Minnesota Rules §7080.0450, 7080.0172, and 7080.0178 respectively. In addition, the applicant must show that a Standard System cannot be properly constructed on the subject property and that additional land for a Standard System is unavailable. 9.40 Approval Process. If the City Engineer determines that a Warrantied, Alternative or Other System application can meet the requirements of Minnesota Rules, Chapter 7080 and this Ordinance, then such application shall be forwarded to the City Council for consideration, along with the recommendation of the City Engineer as to whether or not approval should be granted. If a Warrantied, Alternative or Other System is approved by the Council, then a `Nonstandard System Approval', in a form recommended by the City Attorney and approved by the Council, shall be signed by the City and the Applicant and recorded against the subject property. 9.50 No Right to Approval. Nothing in this subdivision shall be construed to guarantee or create in any applicant a right to approval of a Warrantied, Alternative or Other System. The City of Otsego reserves the right to deny all requests for approval of Warrantied, Alternative or Other Systems and to 10 prohibit their construction, regardless of whether such systems meet the requirements of Minnesota Rules, Chapter 7080 or this Ordinance. 9.60 Variances. Any variances from the standard set forth in Minnesota Rules, Chapter 7080 must be granted by the Commissioner as provided in §7080.0030, subpart 3. SUBDIVISION 10. RECORD KEEPING 10.10 Required Records. The City Clerk shall keep and maintain records of all permits applications, permits issued, inspection data, notices of non- compliance, certificates of compliance, orders, enforcement proceedings and all other documents generated in the administration and enforcement of this Ordinance. The storage, maintenance and dissemination of such records shall occur as prescribed by Minnesota Statutes Chapter 13, the Minnesota Government Data Practices Act. 10.20 Reports and Filings. The Clerk shall prepare an annual report, as required by Minnesota Rules §7080.310, subpart 5, for submission to the Commissioner demonstrating enforcement of this Ordinance. The annual report shall contain information for the calendar year and shall be submitted to the Commissioner no later than March ls` of the following year. At a minimum, the annual report shall contain the following information: a. a copy of the standard permit and inspection forms used by the City. b. the name and address of the program administrator. c. a listing of all qualified employees and contracted licensees authorized by the City to perform ISTS inspections and evaluations as required by this Ordinance. d. the number of ISTS permits issued. e. the number and methods of inspections conducted. f. the number and type of variance issued. g. the number and type of alternative or experimental systems approved, as well as the monitoring results of each. 11 SUBDIVISION 11. ENFORCEMENT 11.10 Violations. Any person who violates any of the provisions of this Ordinance, fails to obtain any required permits, or who makes any false statement on a Permit Application or Certificate of Compliance, shall be guilty of a misdemeanor. Any offense committed under this Ordinance shall be punishable by up to the maximum imprisonment and/or a fine allowed by law for a misdemeanor offense. 11.20 Remedies. In the event of a violation of this Ordinance, in addition to any other remedies available to the City, the City Attorney may institute appropriate civil and/or criminal actions or proceedings, including seeking an injunction, to prevent, restrain, correct or abate such Ordinance violations. In addition, the City may issue stop -work orders and repair orders at such times and upon such terms and conditions as are necessary to prevent violations of this Ordinance from occurring or to eliminate existing Ordinance violations. SUBDIVISION 12. CONNECTION TO MUNICIPAL SEWER 12.10 Connection to Municipal Sewer; When Required. When municipal sanitary sewer is available a property served by an ISTS shall be required to discontinue such use and connect to municipal sewer upon the first occurrence of any of the following events: a. upon application for an ISTS Permit. b. When a Notice of Non-compliance is issued in relation to the ISTS serving the property. c. Upon the expiration of a Certificate of Compliance. Nothing in this section shall be construed as limiting the City's ability to specially assess, levy a sewer access charge (SAC) or otherwise bill properties served by an ISTS for the availability of municipal sanitary sewer and the public improvements associated therewith. 12.20 Cause for Denial; Condition of Approval. The future availability of municipal sewer, in the City's sole discretion, may be cause for denial of an ISTS Permit. The issuance of an ISTS Permit may be conditioned upon the applicant connecting to municipal sewer when it becomes available. 12 Connection to municipal sewer when available may be an explicit condition contained in an imposed on any ISTS Permit prior to its approval. SUBDIVISION 13. REPEALER 13.10 Repealer. Ordinance number 99-4, Ordinance number 92-27, Ordinance number 91-24 of the City of Otsego related to Individual Sewage Treatment Systems are hereby specifically repealed in their entirety. SUBDIVISION 14. SEVERABILITY 14.10 Severability. Should any subdivision, section, paragraph, provision, sentence or lesser portion of this Ordinance be found invalid by a court of competent jurisdiction, then such invalid portion shall be severed from this Ordinance and all remaining subdivisions, sections paragraphs, provisions and sentences contained in this Ordinance shall be remain in full force and effect. This ordinance shall be effective upon adoption and publication in the City of Otsego's official newspaper. Adopted this day of 12000. In favor: Opposed: ATTEST: Clerk Elaine Beatty 13 City of Otsego Mayor. Larry Fournier le' CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION AUTHORIZING PUBLICATION OF INDIVIDUAL SEWAGE TREATMENT SYSTEM ORDINANCE TITLE AND SUMMARY Resolution No. WHEREAS, the Otsego City Council has adopted an ordinance entitled `Individual Sewage Treatment System Ordinance' as required by law; and WHEREAS, the above -referenced ordinance is lengthy and, further, the Council finds that publication of the title and a summary of the ordinance, conforming to the requirements of Minnesota Statutes §331A.01 subdivision 10, will clearly inform the public of the intent and the effect of the ordinance; and WHEREAS, a copy of the proposed summary, prepared by the City Attorney, is attached hereto and incorporated herein by reference. NOWTHERFORE BE IT RESOLVED, by the Otsego City Council that the City Clerk is authorized and directed to publish the attached ordinance summary in the City's official newspaper in lieu of publication of the actual ordinance. A copy of the complete ordinance shall be made available at the City offices for public inspection. Dated: ATTEST: Elaine Beatty, City Clerk Larry Fournier, Mayor City of Otsego City of Otsego State of Minnesota County of Wright INDIVIDUAL SEWAGE AND WASTEWATER TREATMENT SYSTEM ORDINANCE The following is a summary of Ordinance # adopted by a four-fifths majority or greater of the Otsego City Council: An ordinance authorizing and providing for sewage and wastewater treatment: establishing minimum standards for and regulation of individual sewage treatment systems (ISTS) within the corporate limits of the City of Otsego; incorporating by reference minimum standards and requirements established by Minnesota Statutes and rules of the Minnesota Pollution Control Agency; requiring permits for installation, alteration, repair or extension of ISTS in the City; establishing standards for upgrade, repair, replacement, or discontinuance of use of ISTS; imposing penalties for failure to comply with these provisions; providing for enforcement of these requirements; and promoting the health, safety and welfare of the public pursuant to Minnesota Statutes Chapters 115, 145A, 375, 394, and 471, specifically §§ 115.55, 145A.05, 375.51, 394.21 through 394.37, and 471.82; and in furtherance of State and local policy. A full printed copy of this Ordinance is available for inspection at the Otsego City Hall. This ordinance summary is adopted this In favor: Opposed: City of Otsego Larry Fournier, Mayor of 92000. ATTEST: Elaine Beatty, City Clerk I CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. SEWAGE AND WASTEWATER TREATMENT ORDINANCE The City Council of the City of Otsego hereby Ordains as follows: SUBDIVISION 1. PURPOSE AND INTENT The purpose of the Sewage and Wastewater treatment Ordinance is to provide minimum standards for and regulation of individual sewage treatment systems (ISTS) and septage disposal including the proper location, design, construction, operation, maintenance and repair to protect surface water and ground water from contamination by human sewage and waterborne household and commercial waste; to protect the public's health and safety, to protect the natural environment and to eliminate or prevent the development of public nuisances. This Ordinance is adopted pursuant to the authority granted under Minnesota Statutes Chapters 115 and 145A and Minnesota Rules Chapter 7080 pertaining to sewage and wastewater treatment, as the same may from time to time be amended. SUBDIVISION 2. DEFINITIONS 2.10 Definitions. For purposes of this Ordinance the following capitalized and italicized terms and phrases, wherever they appear, have the meanings indicated: `Alternativear-----Expe-rimenial System' means an ISTS employing the methods and devices presented in Minnesota Rules §7959:9§7080.0172 or designated by the Commissioner in §7080.0400, subpart 2. `Certificate of Compliance' means a document r-elati©n---to-..a--.particular---ISIS- demonstrating---that--sai4--I-ST-S---complied---wiffi the—pre-Asi VZ ns of this n,-a;,,anee at the time of iss,�l�written after a V J1 1 compliance inspection. certifying that an ISTS is in compliance with the applicable requirements at the time of inspection. provisions--of--dii-s--4rdinanee. `City' refers to the City of Otsego, a municipal corporation duly organized under the law of the State of Minnesota. `Commissioner' refers to the Commissioner of the Minnesota Pollution Control Agency. `Failing System' mean^ny 1ST- that discharges sewage-4e a seepage pit, cesspool, drywell,©F leaching pit--andpit..... other..pit, _a_tank_ that _obyiouslx leaks below the designated operating depth, or any system with less than three (3) feet of soil or- sand bet�veen the bottom of the distribution ed-ii—im and the saffated soil level or- the required vertical separation as described in §7080.0060, subpart 3. `Imminent Threat' means situations with the potential to immediately and adversely impact or threaten public safety or health. At a minimum, ground surface or surface water discharges and any system causing sewage backup into a dwelling or other establishment shall constitute an Imminent Threat. `ISTS' stands for Individual Sewage Treatment System. `Individual Sewage Treatment Svstem(s)' means a sewaae treatment 5ystem1.orpart.thereof, servina.dwelling,_or other. establishment,.or__group thereof, and using sewage tanks followed by soil treatment and disposal or using advanced treatment devices that discharge below finalKadade. Individual sewage treatment system includes holding tanks and privies. `ISTS Permit' refers to a permit required by and issued pursuant to this Ordinance for the construction, installation, repair, alteration, relocation, maintenance or pumping of an ISTS. `ISTS Professional' re€ers-temeans a person whocendurats site eF designs, installs, alters, repairs, maintains, pumps; or inspects all or part of an I&individual sewage treatment system and is required to comply with applicable requirements -4 --Minnesota... Rults ... Ehapter 7450---and---this requirements. trained--and-licensed-as--required--by-Minnesota--R-ides--ClrapteF..7484. Pa _ Won-compliant_System' means an ISTS that is a Failing System, a system posing and Imminent Threat or a system that otherwise does not meet the standards set forth in Minnesota Rules, Chanter. 7080. A.Non-co_mpliant System does not include Alternative Systems, Warrantied Systems and Other Systems, provided such systems are not Failing Systems and do not pose an Imminent Threat to the natural environment or the public health, safety and welfare. `Notice of Non-compliance' means a document written and signed led by gpalif ed__emplovee or licensee after a compliance inspeetionthat_gives notice that anindividual sewage treatment system is not in compliance with as specified under §7080.0060. `Other Systems' means systems described in §7080.0178 that do not meet the technical_ standards. and criteria_ and_rely .on treatment and disposal. `Standard System' means an ISTS that meets the requirements and specifications of Minnesota Rule Chapter 7080 and which is not a Warrantied, Alternative or ExperimentalOther System. `Warrantied System' means an ISTS that has been preper4y decumente and aecepte�hy-tke--E©mm}ssi©Rerp�saant t©-A4i�esota-vtt�s--�I- I S: 53; subdiN4sie product or design on the warrantied systems list under .7080,0450. Any terms or phrases that appear in this Ordinance and which are not specifically defined shall have the meaning given in Minnesota Rules §7080.0020. Any reference in this Ordinance to sections of 7080 refer to Minnesota Rules, Chapter 7080-as.the_same-max.be.amended from time to time. SUBDIVISION 3. GENERAL PROVISIONS 3.10 Scope and Application. This Ordinance shall apply to all existing and future individuals sewage treatment systems located within the City of Otsego. 3.20 Standards Adopted By Reference. The City hereby adopts by reference Minnesota Rules Parts 7080.0010 to 7080.0315, as the same may from time 3 to time be amended, relating to minimum technical standards and criteria for Individual Sewage Treatment Systems. Any ISTS constructed and installed within the City subsequent to the adoption of this Ordinance must comply with these provisions adopted by reference, unless otherwise approved as a Warrantied, Alternative or Ex-perinienWOther System pursuant to Subdivision nine (9) of this Ordinance. 3.30 Permits Required. No person shall construct, install, alter, repair, extend, relocate or pump any ndividual Sewage Treatment System in the City of Otsego without first applying for and obtaining a permit as provided in Subdivision five (5) of this Ordinance. 3.40 License Requirements. No person shall engage in the evaluation, inspection, design, installation, construction, alteration, extension, repair, maintenance or pumping of on site in&4dua4 sewage tFeatment systems -an Individual Sewage Treatment Systems without first obtaining a license to perform such tasks from theMinneset$ Pollution Comte AgenoyCommissioner as required by Minnesota Rules §7080.0700 through 7080.0720. 3.50 Additional Soil Treatment Area Required. For all lots created after January 23, 1996, the ISTS system design shall identify and designated at least one alternative soil treatment area, in addition to the primary soil treatment area, which can support a standard soil treatment system. SUBDIVISION 4. ADMINISTRATION 4.10 Ordinance Administration. The City Clerk, Building Inspector and City Engineer shall be responsible for the administration of this Ordinance. 4.20 Duties of the Clerk. The City Clerk shall be responsible for the administration and issuance of orders, permits and notices required by this Ordinance. The Clerk is authorized and directed to cooperate with local and state officials and personnel in the enforcement of this Ordinance, Minnesota Rules Chapter 7080 and applicable state laws. 4.30 Duties of the Building Inspector. The Building Inspector shall be responsible for site and system inspections, compliance determinations, investigation of failing systems and permit review and any other duties necessary to ensure compliance with the provisions of this Ordinance, Minnesota Rules Chapter 7080 and applicable state law. The Building 4 Inspector shall be properly licensed by the MPCA to conduct the foregoing duties as required by Minnesota Rules Chapter 7080, as the same may from time to time be amended. 4.40 City Engineer Duties. The City Engineer shall be responsible for review and system design analysis on all Warrantied, Alternative or ExpefimentalOther systems approved under subdivision nine (9) of this Ordinance. SUBDIVISION 5. PERMIT APPLICATION REQUIREMENTS AND PROCEDURES. 5.10 Application Information. Each permit application required by section 3.30 above shall be presented as follows and contain all of the following information: 5.20 Application Form. Applications for permits shall be made on forms approved and furnished by the City. The application must be signed by the applicant and shall be submitted to the City Clerk. 5.30 Legal Description, Name and License Data of ISTS Professional. Each permit application shall contain the legal description of the property for which the permit is requested. The application shall also disclose the name of the ISTS Professional who will perform the work for which the permit is required and provide all license data required by Minnesota Rules §7080.0700 through 7080.0720. 5.40 Site Plan. Each permit application shall be accompanied by a site plan, prepared by an ISTS Professional or professional land surveyor, showing the following, unless such requirements are specifically waived, in whole or in part, in writing by the City's Building Inspector: a. the location of any proposed or existing building on the subject property. b. the boundary lines of the subject property. C. the location of water supply facilities. d. the location and ordinary high water mark or any streams, ponds or lakes located on or within 150 feet of the subject property. 5 e. that the proposed ISTS meets all setbacks as required by Minnesota Rules Chapter 7080. f. topographic contours at two (2) foot intervals. Topographic contours and elevations shall be drawn to scale on the site plan using common Engineers scale. g. the location of any ISTS or wells on adjoining lots within 150 feet of the subject property. Each site plan shall be accompanied by a certificate of accuracy from the ISTS Professional or land surveyor who prepared the site plan. 5.50 System Design Data. Each permit application shall include a complete design plan showing the size and location of all parts of the ISTS and provide a design certification from a licensed ISTS Professional as to the adequacy and location of the ISTS in relation to the requirements imposed by 7080. 5.60 Other Data. Each permit application shall contain any and all additional information, as may be required by the City, necessary to show that the conditions of 7080 will be met. SUBDIVISION 6. PERMIT APPROVAL PROCEDURES. 6.10 Permits. Permits shall be approved or denied as hereinafter provided in this subdivision. 6.20 Permit Fees. The City Council shall, by resolution, set the amount of fees to be collected at the time of application for permits required by this Ordinance. 6.30 Submission of Application. Permit applications shall be submitted to the City Clerk, along with the permit fee. The Clerk shall forward all applications to the Building Inspector. The Building Inspector shall, within five (5) days, determine whether a submitted application is complete. Incomplete applications shall be rejected and returned to the applicant along with a written explanation as to why the application has been rejected. 6.40 Technical Review. Once a complete application is received, the Building Inspector shall review the application to determine whether it meets the requirements and standards of this Ordinance and of Minnesota Rules 0 Chapter 7080. The Building Inspector may, in his or her sole discretion, submit the permit application to the City Engineer for review, comment and/ or a determination as to whether the application meets the requirements of this Ordinance and Minnesota Rule Chapter 7080. 6.50 Approval by Building Inspector. Once a determination is made that the application meets all applicable requirements, then the application shall be returned to the City Clerk who shall issue the ISTS permit. The Building Inspector and/or City Engineer may impose any and all conditions to ensure compliance with the requirements of state law, Minnesota Rule Chapter 7080 and applicable local ordinance. If it is determined that the application does not meet the requirements of this Ordinance or Minnesota Rules Chapter 7080, then the elefkClerk shall give notice to the applicant that the application has been rejected and state the reasons for such rejection as provided by the Building Inspector and/ or City Engineer. The decision to approve or deny the application permit shallshould occur within ten (10) days of the Building Inspector's receipt of a complete applisatien. application. Failure to approve an ap lip cation within ten (10) days shall not be construed as an approval or otherwise allowing an ISTS that would not be approved under this Ordinance, Chapter. 7080 or. other. applicable law. SUBDIVISION 7. INSPECTIONS 7.10 General Inspection Requirements. The Building Inspector shall make such ISTS inspections as are necessary to determine compliance with this Ordinance, Minnesota Rules Chapter 7080 and/ or any conditions contained in permits issued hereunder. The following events shall trigger an ISTS compliance inspection: a. a permit is granted under section 6.50 above. b. a building permit or variance is granted for new construction or the addition of a bedroom or bathroom on property served by an ISTS. c. for all new ISTS construction, or any ISTS replacement, repair, alteration, maintenance or operation. d. Granting of request for change in system design or change in permit conditions. e. the City learns or receives a complaint that a particular ISTS may be a Failing System or poses an Imminent Threat to public health safety and welfare. 7 7.20 Time and Manner of Inspection. Inspections shall be made by the Building Inspector and/ or City Engineer to ensure compliance with the requirements of this Ordinance, Minnesota Rules Chapter 7080 and any permit conditions. Inspections shall be made within seven (7) days of written notification by any ISTS Permit holder that the ISTS for which the permit was issued is ready for inspection. No part of the ISTS shall be covered until it has been inspected and accepted by the Building Inspector and/ or the City Engineer. It shall be the responsibility of the permit applicant to notify the Building Inspector in writing that the project is ready for inspection. Inspections shall be made prior to the issuance of a building permit or variance for new construction or the addition of a bathroom or bedroom on property served by an ISTS. 7.30 Certificate of Compliance and Notice of Non:compliance. No newly constructed, installed, altered, repaired, extended or relocated ISTS shall be placed in operation until it has received a Certificate of Compliance as hereafter provided. Upon completion of the ISTS inspection as described in section 7.20 above, the Building Inspector and/ or City Engineer shall make a determination as to whether or not the ISTS has been constructed, repaired, extended or relocated in compliance with the requirements of this Ordinance, Minnesota Rules Chapter 7080 and any permit conditions. If the ISTS is found to be compliant, then a Certificate of Compliance shall be issued to the property owner within thirty (30) days of inspection. If, however, the ISTS is found to be out of compliance, then a Notice of Non- compliance shall be issued. The Notice of Non-compliance shall state which portions of the ISTS are not compliant and shall further state a reasonable period for the property owner to bring the system into compliance. Once the necessary changes are made or the period specified in the Notice of Non-compliance has run, whichever occurs first, then the ISTS shall be again inspected as provided above. If upon Feinspeetien-the prepe re -inspection the ISTS is not compliant then a Notice of Non- compliance shall be issued to the property owner. The Notice of Non co mpliance--shall--state-the--whieh-portions--©f -or-fine--manner--in--which--the 1STS is neneemplai Non-compliance shall why the ISTS is non- complaint,- A copy of the Certificate of Non-compliance shall be forwarded to the City Attorney for enforcement as provided in subdivision eleven (11) below. 7.40 Inspection Protocol. In the event that the Building Inspector cannot complete an inspection or perform all required inspections in a timely manner, the Building Inspector is authorized and directed to develop and inspection protocol. The inspection protocol shall establish the order and priority of inspections. For any ISTS required to be inspected for which the Building Inspector is unable to actually physically inspect the ISTS, the Building Inspector shall require that evidence of compliance be submitted. Evidence of compliance includes, but is not limited to, the following: a. affidavits from the ISTS Professional who performed any construction, installation, repair, alteration or relocation of the ISTS. b. video, electronic or photographic images of certain components and/ or work performed. c. `As -built' drawings. d. any other data, as may be required by the Building Inspector in lieu of an actual inspection, evidencing compliance with this Ordinance, Minnesota Rules Chapter 7080 and applicable state law. The Building Inspector shall review such evidence and issue either a Certificate of Compliance or Notice of Non-compliance accordingly. 7.50 No Warranty or Guarantee of Operation. Neither the issuance of an ISTS Permit or Certificate of Compliance, nor any inspection of an ISTS shall constitute any warranty or guarantee that said ISTS will operate or function properly. SUBDIVISION 8. NONCOMPLAIN NON-COMPLIANT SYSTEMS; FAILING SYSTEMS AND SYSTEMS POSING AN IMMINENT THREAT 8.10 Modification or Discontinuance Required. If upon inspection an ISTS is found to be aNeneefripliant system,Non-compliant System, Failing System or a system posing an Imminent Threat to the natural environment or the public health, safety and welfare, then the ISTS shall, if possible, either be modified or repaired to comply with this Ordinance or its use discontinued within the time periods specified in this subdivision. 8.20 Non-compliant Systems. A Non-comt)liant Svstem. other than a Failing Svstem or system nosing and Imminent Threat, shall be properly repaired or modified or its use discontinued within three (3) years ofthe issuance of a Notice of Non- compliance for said system. However, a Certificate of Compliance issued X under this Ordinance for a new system shall be valid for a period of five (5) years, unless said system is subsequently found to be a Ailing sFailing_ System or a system posing an inuninent &eatlmminent Threat to the natural environment or the public health, safety and welfare. 8.30 Failing Septic Systems. A `Notice of Noncompliance' shall be issued and copies provided to the property owner and to the City within thirty (30) days after inspection when a failing system is found. A failing ISTS shall be upgraded, replaced or its use discontinued within the six (6) months of issuance of the Notice of Non-compliance. In calculating the aforementioned six (6) month period, the months of November, December, January, February, March and April shall not be counted. 8.40 ISTS System Posing an Imminent Threat. Any ISTS posing an imminent threat to the natural environment or public health, safety or welfare shall be upgraded, replaced or repaired, or its use discontinued, within a reasonable period of time, not to exceed three (3) months. In calculating the aforementioned three (3) month period, the months of November, December, January, February, March and April shall not be counted. SUBDIVISION 9. WARRANTIED, ALTERNATIVE AND EXPERIMFWT-A1............ SY'-&q'RMSOTHER SYSTEMS; I VARIANCES 9.10 Application for Alternative or Experimen Other Systems. Application for approval of a Warrantied, Alternative or Experimental systemOther System shall be made in the same manner applying for a ISTS permit as provided in subdivision five (5) above. 9.20 Review by City Engineer. All applications requesting approval of a Warrantied, Alternative or Experimental sy Other System shall be forwarded to the City Engineer for a determination of eligibility for approval under this Ordinance, Minnesota Rules Chapter 7080 and applicable State law. The City Engineer may require an applicant to submit any additional information as may be required by the City Engineer to determine eligibility for possible approval under this subdivision. If the City Engineer determines, based upon the application materials, that the proposed Warrantied, Alternative or Other System cannot meet the requirements of Minnesota R Rules, Chapter 7080 or this Ordinance, then such application shall be denied and the City Clerk shall send to notice of such denial to the applicant. 10 9.30 Requirements for Approval. To be eligible for possible approval, any Warrantied, Alternative or ther System must meet the requirements of Minnesota Rules §7080.91),V080.0450, 7080.0172, and 7080.0178 respectively. In addition, the applicant must show that a Standard System cannot be properly constructed on the subject property and that additional land for a Standard System is unavailable. 9.40 Approval Process. If the City Engineer determines that an--altenaative-or- tal a Warrantied, Alternative or Other System application can meet the requirements of Minnesota Rules, Chapter 7080 and this Ordinance, then such application shall be forwarded to the City Council for consideration, along with the recommendation of the City Engineer as to whether or not approval should be granted. If a Warrantied, Alternative or ExpeFifnentalsyJtemOther System is approved by the Council, then a `Nonstandard System Approval', in a form recommended by the City Attorney and approved by the Council, shall be signed by the City and the Applicant and recorded against the subject property. 9.50 No Right to Approval. Nothing in this subdivision shall be construed to guarantee or create in any applicant a right to approval of a Warrantied, Alternative or Expefimental system.0ther System. The City of Otsego reserves the right to deny all requests for approval of Warrantied, Alternative or Expefimental systeems0ther Systems and to prohibit their construction, regardless of whether such systems meet the requirements of Minnesota Rules §7980.919Rules, Chapter 7080 or this Ordinance. 9,60 _Variances. _Any variances from standard set_forth.in,Minnesota,Rules, Chapter 7080 must be granted by the Commissioner as provided in X7080.003 0,._subpart. 3 SUBDIVISION 10. RECORD KEEPING 10.10 Required Records. The City Clerk shall keep and maintain records of all permits applications, permits issued, inspection data, notices of non- compliance, certificates of compliance, orders, enforcement proceedings and all other documents generated in the administration and enforcement of this Ordinance. The storage, maintenance and dissemination of such records shall occur as prescribed by Minnesota Statutes Chapter 13, the Minnesota Government Data Practices Act. 10.20 Reports and Filings. The Clerk shall prepare an annual report, as required by Minnesota Rules §7080.310, subpart 5, for submission to the Commissioner demonstrating enforcement of this Ordinance. The annual report shall contain information for the calendar year and shall be submitted to the Commissioner no later than March I" of the following year. At a minimum, the annual report shall contain the following information: a. a copy of the standard permit and inspection forms used by the City. b. the name and address of the program administrator. c. a listing of all qualified employees and contracted licensees authorized by the City to perform ISTS inspections and evaluations as required by this Ordinance. d. the number of ISTS permits issued. e. the number and methods of inspections conducted. f. the number and type of variance issued. g. the number and type of alternative or experimental systems approved, as well as the monitoring results of each. SUBDIVISION 11. ENFORCEMENT 11.10 Violations. Any person who violates any of the provisions of this Ordinance, fails to obtain any required permits, or who makes any false statement on a Permit Application or Certificate of Compliance, shall be guilty of a misdemeaneF, punishable by impr-isen�ment or- a fine OF both as de -fined ---- bymisdemeanor: _An_y_.offense .committed .under_........................................... i shall be law punishable by up to the maximum imprisonment anor a ine allowed bylaw for a misdemeanor offense. 11.20 Remedies. In the event of a violation of this Ordinance, in addition to any other remedies available to the City, the City Attorney may institute appropriate civil and/or criminal actions or proceedings, including seeking an injunction, to prevent, restrain, correct or abate such Ordinance violations. In addition, the ,City -may issue stop -work orders and repair orders. at such times and upon such terms and conditions as are necessary to prevent violations of this Ordinance from occurring or to eliminate existing Ordinance violations. 12 SUBDIVISION 12. CONNECTION TO MUNICIPAL SEWER 12.10 Connection to Municipal Sewer; When Required. When municipal sanitary sewer is available a property served by an ISTS shall be required to discontinue such use and connect to municipal sewer upon the first occurrence of any of the following events: a. upon application for an ISTS Permit. b. When a Notice of Non-compliance is issued in relation to the ISTS serving the property. c. Upon the expiration of a Certificate of Compliance. Nothing in this section shall be construed as limiting the City's ability to specially assess levy a sewer access charge (SAC) or otherwise bill properties served by an ISTS for the availabilijy of municipal sanit sewer and the public improvements associated therewith. 12.20 Cause for Denial; Condition of Approval. The future availability of municipal sewer, in the City's sole discretion, may be cause for denial of an ISTS Permit. The issuance of an ISTS Permit may be conditioned upon the applicant connecting to municipal sewer when it becomes available. Connection to municipal sewer when available may be an explicit condition contained in an imposed on any ISTS Permit prior to its approval. SUBDIVISION 13. REPEALER 13.10 Repealer. Ordinance number °''�id99-4 Ordinance number 92-27, Ordinance number 91-24 of the City of Otsego related to indi,,idtial-sewage tFeatment Individual Sewage Treatment System s are hereby specifically repealed in their entirety. SUBDIVISION 14. SEVERABILITY 14.10 Severability. Should any subdivision, section, paragraph, provision, sentence or lesser portion there )f4yof this Ordinance be found invalid by a court of competent jurisdiction, then such invalid portion shall be severed from this Ordinance and all remaining subdivisions, sections paragraphs, 13 provisions and sentences contained in this Ordinance shall be remain in full force and effect. This ordinance shall be effective upon adoption and publication in the City of Otsego's official newspaper. Adopted this day of , 4999-.2000. In favor: Opposed: ATTEST: Clerk Elaine Beatty 14 City of Otsego Mayor Larry Fournier kqAAr CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: 9. COUNCIL ITEMS: Elaine Beatty, City Cierki' March 24, 2000 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 9.2. :%,tike Robertson, City Administrator Update: A. Discussion of Albertville Sewer Use Proposal B. Proposed Change Order - Cmidor Construction - Wastewater Treatment Plant C. Discussion of Weekend Hall Rental Problems. BACKGROUND: Mike Robertson will be here to explain this and answer questions on these items. A. See attached letter from Mike Robertson. to the Albertville City Council. B. See attached Memo from dike Robertson and faxed information from Bonestroo. C. See attached Memo from Mike Robertson. RECOXEkI ENDATION: These are for Council consideration and any approval needed. Thanks, el:ane CITY OF r � ID SEG O j899 Nashua Avenue N.E. ON THE GREAT RIVER ROAD (612) 441-4414 Elk River, MN 55330 Fax: (612) 441-8823 April 25, 2000 DRAFT Albertville City Council C/O City Administrator Linda Goeb PO Box 9 Albertville, MN 55301-0009 Re: City of Otsego Proposal Albertville Sewer Plant Dear Albertville City Council: The Otsego City Council has approved the following proposal for discussion with the City of Albertville. 1) Otsego wishes to purchase 100,000 gallons per day of sewer plant capacity from the City of Albertville. 2) The land uses to be served would be industrial/commercial land use north of County Road 37 and single family detached land use south of County Road 37. 3) No more than 30% of Otsego's sewer capacity would be used for residential development. 4) The wastewater produced would be residential strength. The City of Otsego would not allow any industrial processors who would produce a wastewater of higher than residential strength. 5) The industrial/commercial building standards would be equal to or greater than the standards currently in use in the Otsego industrial park. No pole structures or metal buildings would be allowed. The City Council of Otsego would like to met with the City Council of Albertville within the next six weeks to discuss this proposal. Please give me a call to set a convenient time. Sincerely, Michael Robertson City Administrator MEMO Date: April 19, 2000 9 To: Mayor & Council From: City Administrator Mike Robertson_ / Re: Gridor's Request for Change Order I have enclosed a memo from Bonestroo describing a request Gridor has made for Council approval of an $8,000 Change Order. The Bonestroo memo describes the history of this requested change order. The Change Order is being presented in this way because Bonestroo does not want to make an official recommendation of approval for the Change Order should the City turn it down, because that would put the City in a bad position should Gridor decide to litigate the issue. The memo was written by the Bonestroo's inspector on the job, not by the engineer in charge of the project. I feel that the Change Order request is a fair one, and I would recommend that it be approved. Date: April 6, 2000 From; Ron LaFond To: Mike Robertson Our File No: 503-99-100 Organization: City Administrator Pages to Follow: 0 City of Otsego Original Will Follow In Mail: Yes ❑ No® Fax Number: 612-441-8823 Subject: Otsego Wastewater Treatment Facility: Gridor's Change Order Request for Pumps Remarks. Dear Mike, 1. Don Burgardt asked me to send you a FAX regarding Gridor's change request for the centrifugal non -clog pumps. I understand that the City Council will consider this request at an upcoming meeting. 2. At bidding, Gridor Construction offered a deduct of $8,000 for accepting pumps from Chicago Pump.. Co. as alternate equipment in lieu of the base bid Aurora pumps. In a FAX dated February 18, 1999 the local Chicago Pump representative assured us that the Chicago pumps would be in compliance with the specification. We therefore recommended that the City accept them as alternate equipment. The City accepted the $8,000 deduct and awarded the project to Gridor with the requirement to furnish the Chicago pumps. 3. On June 9, 1999 we received a FAX from the supplier of the Chicago pumps indicating that the pumps could not meet a number of sections of the pump specification that he previously stated could be met. In a FAX dated June 21, 1999 we informed Gridor Construction that we would not accept the Chicago pumps unless they could meet the specification as previously stated. At this point in time, Gridor made a decision not move ahead with the Chicago pumps. 4. On July 21, 1999 Gridor made an equipment submittal on the centrifugal non -clog pumps manufactured by Aurora, the pump originally offered by Gridor as base bid equipment. We approved the equipment submittal in August 1999, The Aurora pumps were installed early this year. ig Gridor is requesting a change order of $8,000 to cover the amount the contract was decree;ed when the Chicago pumps were accepted as alternate equipment. The $8,000 deduct was predicated on the installation of the Chicago pumps. As it turned out, the Chicago pumps could not meet the specification and Gridor decided to furnish and install the base bid pump manufactured by Aurora. 6. It's our opinion that it would be fair for the City to accept this Change Order Request because the City is receiving the benefit of the base bid Aurora pump. The $8,000 cost is the amount the City would have paid had the Chicago pump been rejected as alternate equipment. If you have any questions about this change order issue, please call me at 651-604-4771. Sincerely, cc: Don Burgardt, Bonestroo & Associates Sonestroo, Rosene, Anderlik and Associates y 3 2335 West Highwa6 St. Paul, MN 55113 -_Phone: 651-636-4600- Fax: 651-636-1311 04/06/00 08:16[5 :01i I N0:2 Fax ■ s TransmI ss,on ! eonestroa . A dodatax tFn9h;-rt c A+t1M1wtY ' Date: April 6, 2000 From; Ron LaFond To: Mike Robertson Our File No: 503-99-100 Organization: City Administrator Pages to Follow: 0 City of Otsego Original Will Follow In Mail: Yes ❑ No® Fax Number: 612-441-8823 Subject: Otsego Wastewater Treatment Facility: Gridor's Change Order Request for Pumps Remarks. Dear Mike, 1. Don Burgardt asked me to send you a FAX regarding Gridor's change request for the centrifugal non -clog pumps. I understand that the City Council will consider this request at an upcoming meeting. 2. At bidding, Gridor Construction offered a deduct of $8,000 for accepting pumps from Chicago Pump.. Co. as alternate equipment in lieu of the base bid Aurora pumps. In a FAX dated February 18, 1999 the local Chicago Pump representative assured us that the Chicago pumps would be in compliance with the specification. We therefore recommended that the City accept them as alternate equipment. The City accepted the $8,000 deduct and awarded the project to Gridor with the requirement to furnish the Chicago pumps. 3. On June 9, 1999 we received a FAX from the supplier of the Chicago pumps indicating that the pumps could not meet a number of sections of the pump specification that he previously stated could be met. In a FAX dated June 21, 1999 we informed Gridor Construction that we would not accept the Chicago pumps unless they could meet the specification as previously stated. At this point in time, Gridor made a decision not move ahead with the Chicago pumps. 4. On July 21, 1999 Gridor made an equipment submittal on the centrifugal non -clog pumps manufactured by Aurora, the pump originally offered by Gridor as base bid equipment. We approved the equipment submittal in August 1999, The Aurora pumps were installed early this year. ig Gridor is requesting a change order of $8,000 to cover the amount the contract was decree;ed when the Chicago pumps were accepted as alternate equipment. The $8,000 deduct was predicated on the installation of the Chicago pumps. As it turned out, the Chicago pumps could not meet the specification and Gridor decided to furnish and install the base bid pump manufactured by Aurora. 6. It's our opinion that it would be fair for the City to accept this Change Order Request because the City is receiving the benefit of the base bid Aurora pump. The $8,000 cost is the amount the City would have paid had the Chicago pump been rejected as alternate equipment. If you have any questions about this change order issue, please call me at 651-604-4771. Sincerely, cc: Don Burgardt, Bonestroo & Associates Sonestroo, Rosene, Anderlik and Associates y 3 2335 West Highwa6 St. Paul, MN 55113 -_Phone: 651-636-4600- Fax: 651-636-1311 M��*1 Date: April 18, 2000 To: Mayor & Council From. City Administrator Mike Robertson Re: City Hall Rental Issues The Administrative Subcommittee of the City Council recently discussed some of the problems the City has been experiencing regarding weekend rentals of the City Hall. Those problems are; 1) Difficulty of Hiring BuildingSunervisors - The City has always had difficulty hiring building supervisors because the work is on weekends, occurs on an irregular basis, and is not highly paid. Recently staff has seen all of our previous indicate less and less interest in the job. Mrs. Luconic is the only one who still is willing to work. She has no backup, and due to her age I don't think we can realistically count on her for too long in the future. Judy Hudson has already had to fill in for Lu a few times. 2) Difficulty of Hiring Police Officers - Any rental serving alcohol has to have a police officer present. We have had an increasingly difficult time getting police officers because there are a lot of other venues competing for them. We either have to pay a lot higher wages or not allow alcohol, which is the same as not allowing weekend events. 3) Increased Demands on Staff Time - The City has been experiencing increased demands on staff time due to the growth of the City. Each new development, and each new resident, all have requests for information or assistance. Rental requests, from showing the hall to making sure that people have provided the required deposits, insurance, and other paperwork, takes staff time. Because of these issues, the Administrative Subcommittee asked that this issue be put on the Council agenda for discussion. MEMO Date: April 13, 2000 To: Mayor & Council From: City Administrator Mike Robertson Re: Administrative Subcommittee Meeting The Administrative Subcommittee of the City Council met on Wednesday, April 12, 2000 at 4:00 p.m. The Subcommittee discussed a draft report that I had prepared discussing current City positions, future needs, and possible scenarios of actions that could be taken after Elaine Beatty retires. One of the possibilities discussed was to look closely at eliminating weekend rentals of the City Hall due to increasing difficulty of obtaining building supervisors and police. This item will be placed on the next City Council agenda for discussion. A variety of other actions were discussed, without any strong consensus emerging. Councilmembers are requested to read the draft report and to offer any comments or suggestions to me or to any members of the Administrative Subcommittee. cc: City staff MEMO Date: April 19, 2000 To: Mayor & Council From: City Administrator Mike Robertson Re: Bids for tree stump removal in Otsego Prairie Park I have solicited and received bids for tree stump removal in Otsego Prairie Park. I solicited these bids because there are over 40 tree stumps in the park and I think its time they were cleaned up. If Council approves I recommend the funding for this come from the Revolving Capital Improvement Fund, as this is more of a capital improvement than a maintenance issue. The bids received are as follows; Tri -Co Tree Movers Dehn Tree Company Residential Services $1,050 plus tax plus $800+ for cleanup $2,449.50 $2,500 plus tax K&R Stump Grinding $2,956.44 r Tri-Ce Tree Meyers 4 2000 5412 County Road 12 N .Buffalo, MN-55313__ � UST Phone 612-682-1050_. March 31, 2000 Otsego Town Hall 8899 NE Nashua Ave Elk River, MN 55330 Attention: Mike Robertson Bid for Stump Grinding Total inches: 1440 Bid price: $1,050.00 Bid for all stumps north of the most south bike path. $700.00 Bid for all stumps south of the most south bike path. $500.00 These prices do not include clean-up' d The above prices are good through Fall 2000. Jim Sawatzke 04/06/2000 08:58 323-2956 DEHN TREE CO INC PA _ 01 DEATV TREE COMPAW EVC 17,170,1331h Avenue Maple Grow MV 55,369 763-428-57MFAX 76.E-428-5776 April 6, 2000 City of Otsego 8899 NE Nahsua Ave Elk River MN 55330 Attn: Mike Peterson. 441-441.4/.Fax 441-8823 Please find listed below a bid for the following work: Otsego Park Remove two Elm trees Grind 44 stunVs $2,300.00 TAX $ 149.50 TOTAL $2,449.50 We .look forward doing business with you! Sincerely, Greg Debu ' Proposal FROM�S l d e S r L�S CDA -s -et--) r' 1t�. 55330 Proposal No. Sheet No. Date Proposal Submitted To Work To Be Performed At Name Street City Street Ciae cA o City Date of Plans <L/-7-60 Architect i li,(5, Lk State State Telephone number U(.2- y I— q We hereby propose to furnish all the materials and perform all the labor necessary for the completion of r' All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings Ind specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars ($aJ,j 0d � ). with payments to be made as follows: JyC t. r Oh Cann 1 P7L;h (C,6 - i Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Wo�ncill men's Compensation and Public Liability Insurance on above work to be taken out 6y 9 S;c,L¢M 4 n r LC S— ` j Respectfully submitted Per Note — This proposal may be withdrawn by us if not accepted within days ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are specified. Payment will be made as outlined above. authorized to do the work as ,ccepted Signature Date Signature TOPS FORM 3450 t LITHO IN U.S.A. / Phone (612) 497-2777 1710 Ransack Avenue NE St. Michael, MN 55376 I-PssiorwlStumpinding LLC Date: UQ,�: a� Day: am/pm Name: �L 0 Cf D Alf :-E, Address: v Auc `c City: i��G1 C7 State:!"� Zip: Home Ph: ( ) Work Ph: Qn(, DESCRIPTION UNIT PRICE AMOUNT } 40 Stw► j 3 4 <I f- r ¢ z v U _ r I. o c,n 00 2 z F-/ . w I �C�e. 3 U I 3 112— CLZ I/ l 5 v P4.w(cC1Z I 2v NOTES` / SUB TO AL 27 7(o II �, TAX 160 612V ����a"�P TOTAL DIRECTIONS: 'We Do Up -Roots!' Stump Qnnoing -Never Too Big or Small!' CALL TOLL FREE 1-877-497-2777 MINNEAPOLIS / ST. PAUL METRO (612) 497-2777 INSURED &GUARANTEED STUMP GRINDING PRICES I I I '(Measure widest point at ground level.) $20 Service Call ...................................... Plus "Grinding at $20 per foot wide Root Creasing (grinding out exposed surface roots) ......... $4 per running foot Stump Cut Off .(stumps over 1 foot high require cut off) ....... $4 per foot wide --Alf stumps measured and priced to the nearest 1/2 foot at time of service. Stumps ground 7 to 10 inches below grade. Deep grind to 18 inches ® si 0 per foot wide additional charge. 10°o DISCOUNT - when 2 or more stumps are removed during the same service call. TELL YOUR FRIENDS & NEIGHBORS "THE STUMP GRINDER"IS COMING! W AH'_ I* AFIEFJI AND CCNSCIENTIO•JS. BUT CPERATING EQUIPMENT ()N N,0UR PROPERTY CAN CAUSE LAWN OR SJRFACE DAMAGE WE CAP.' NOT �If:L7 (.IAB_= FOR ;.A•NN OP. SURFACE JAI.IAGF. SPRINKLER SYS, ENS, JTI:ITIES O ANYTHING CC�CEr+LEO IN THc 1VVFX AREA IN M�1:NESCTA. t•EuA 252 I toff ro HAVE OTIL T!E3 HARKED 1 CLEAR ACCESS TO rHE WORK AREA IS RE,X1RE_• FOR OvP. Ttt;C+C A1.0 TRAILSR MOJh rE"; ZEFI. IF v+E CAN NOT ACCESS Tr1E •-dCRK AREA UPON ARRIVAL, A SERVICE CA_ CHARGE OF $20 CO HILL APPY CLAIMS LIST CITY COUNCIL MEETING April 24, 2000 TO: City Council Attached is the Claims List for your consideration. For more detail, please refer to the Check Detail Registers. If you have any questions regarding this service, please let me know. Claims Register $ 100,102.12 Automatic Pay Deductions $ 65,659.42 GRAND TOTAL $ 165,761.54 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 Sunday, February 27, 2000 Check Detail Register Page 1 of 4 Check Amt Invoice Comment ::::.,.. ................................................................:......:..::,:...: ti::<:<#::••<?ri T'.'•: a ::## kSr:G . ,�.;�•;r Sr;: l.......,;,.,........,.......:.,.......,....,.;........,......:................................ ....... ...... 10100 BANK OF ELK RIVER UnPaid AFFORDABLE SANITATION E201-45000-410 Rentals (GENERAL) $139.63 4009 Rental Unit E201-45000-410 Rentals (GENERAL) $25.00 4038 Repair Total AFFORDABLE SANITATION $164.63 UnPaid:::............... _...,.....„:...... ..........:::AI RG AS.:.I N�C:::.............................,.,,.......,...,::...,....,.,..............................................................................................,.r...u.. E 101-43100-220 Repair/Maint Supply (GENERAL) $12.95 315442 Supplies Total AIRGAS, INC. $12.95 UnPaicJ BERLIN TIRE CENTER, INC E101-43100-220 Repair/Maint Supply (GENERAL) $227.65 1259534 Grader parts Total BERLIN TIRE CENTER, INC $227.65 UnPaid BOISE CASCADE OFFICE PRODUCTS E 101-41400-203 Supplies - General $142.50 885598 Supplies Total BOISE CASCADE OFFICE PRODUCTS $142.50 ...:.:::.: .:::::::::::::::::::::::::. �:: :.::::::::::::: iTTiTiTTi: TT: � iSiTiTT?iTiii:: J: iiii::::::: iiiTi?iii?:?:: T>T:: TTri9C4.W.vNMf.YAM:e: A,ii»::L:,y:;;.i:i:iiTYi:4.::..:.::: :::.?:.Y.;;.ii:.•:;:.T:}•.::.:::::::.yi:A;:::::.;;;;;:::.:... .,, .. .. .. Unpaid BRIGGS & MORGAN E 416-43100-301 Legal Services $3,610.00 Overlay Bond Ser E 415-43251-301 Legal Services $5,168.00 Sewer Bond Ser Total BRIGGS & MORGAN $8,778.00 UaPad:....�..::..:..........:.......:,,,,,,,,,;,;;CITY OF ELK RIVER`....,,.,:....:........,.....:...k...,.........:.......................................................:..:.:.:.....,...N..:..........:...:..:.... E 202-42200-390 Contracted Services $57,687.51 2000157 2000 Fire Contract Total CITY OF ELK RIVER $57,687.51 UnPaid COLLEGE OF CONT EDUCATION E 101-43100-310 Miscellaneous $30.00 Knutson 767031 E 101-43100-310 Miscellaneous $30.00 Mass 767038 Total COLLEGE OF CONT EDUCATION $60.00 ::.UnP�aid,::::.:x.,,,,..,,,,�,..K<.....,�.,•............:.....:::CORROW �TRUCKING�::.............::.mw.,,,,-:;�,�,�:��.r...�...................:.........;.........,............................,...._:.......,....,........... E 101-43610-390 Contracted Services $1,572.50 March recycling Total CORROW TRUCKING $1,572.50 Unpaid COURT MACARTHUR LAW OFFICE G 701-21912 PLT 99-4, D. Ullmer $255.00 Prairie Creek E 101-41700-301 Legal Services $4,901.00 General Legal E 413-43100-301 Legal Services $986.00 Odean Avenue E 415-43251-301 Legal Services $972.00 Sewer G 701-21922 Pheasant Ridge $467.50 Pheasant Ridge E 101-41700-301 Legal Services $370.00 Cokley Lit G 701-21936 Mississippi Pines PUD 00 $280.50 Miss Pines E 413-43100-301 Legal Services $170.00 Morisette E 101-41700-301 Legal Services $127.50 Pheasant Dreams E 101-41700-301 Legal Services $127.50 Larson Wetland G 701-21915 Crimson ponds/Backes 99-7 $127.50 Crimson Ponds G 701-21938 TMH Development $42.50 Swiggum G 701-21931 Apex Bldg Addn $280.50 Apex Total COURI MACARTHUR LAW OFFICE $9,107.50 CITY OF OTS E G O Sunday, February 27, 2000 Page 2 of 4 Check Detail Register Check Amt Comment Invoice Cment Unpaid ...:::CROW RIVER FARMEQUIPMENT:;.;:............,...........................>....:..:......:............................. ............................. E 101-43100-220 Repair/Maint Supply (GENERAL) $578.68 Supplies Total CROW RIVER FARM EQUIPMENT $578.68 ................................................:::.DJ'S�TOTAL�HOtv1E-CENTER:::...:...........................<:...........................,.........,.;:;,......:r.,.,:.....,�.................:.....<.........:..: ............. . Unpaid E101-43100-220 Repair/Maint Supply (GENERAL) $64.85 Supplies Total DXS TOTAL HOME CENTER $64.85 UnPaid EVERGREEN LAND SERVICES CO E 415-43251-390 Contracted Services $200.00 00-291 ROW - Sewer E 413-43100-390 Contracted Services $325.00 00-290 ROW - Odean Total EVERGREEN LAND SERVICES CO $525.00 Unpaid G & K TEXTILE LEASING SYSTEM E101-43100-210 Operating Supplies (GENERAL) $36.40 PW Supplies E 101-41940-390 Contracted Services $139.02 City Hall Supplies E 101-43100-225 Uniforms $231.60 Uniforms Total G & K TEXTILE LEASING SYSTEM $407.02 Unpaid GROEN GARY CPA E 101-49300-720 Operating Transfers $1,225.00 March Services Total GROEN GARY CPA $1,225.00 UnPaid H G WEBER OIL COMPANY E101-43100-202 Gas & Oil $172.60 Heating Oil Total H G WEBER OIL COMPANY $172.60 Unpaid HAWKINS CHEMICAL E 601-49400-210 Operating Supplies (GENERAL) $390.37 248547 Chemicals Total HAWKINS CHEMICAL $390.37 : UnPaid LEAGUE OF MN CITIES E 101-41400-360 Educationifraining/Conferences $295.00 Robertson/Otsego/AN Conf Total LEAGUE OF MN CITIES $295.00 UnPaid MEDICA E 101-43100-123 Health $1,288.12 122114025 PW Medical E 101-41400-123 Health $1,830.29 122114025 Adm Medical Total MEDICA $3,118.41 :...:_..................,,,,,:.,,.,,,.,.,,<::::::MONTICELL�O�ANIMAL �CONTROL ::::::.............................................................................,,..:...:,,,.,,.,.,...,................... Unpaid E 101-42710-390 Contracted Services $60.00 132 Animal Control Total MONTICELLO ANIMAL CONTROL $60.00 ......: .................,.....,N:.::..:...... aid NORTHWEST ASSOC CONSULTANTS 0 NSU LTANTS_::::.........:............................................................:.:F.:......:..::.........:............ Unp E 101-41570-303 Planning Fees E 101-41570-303 Planning Fees G 701-21941 Pulte Homes G 701-21940 The "Point" - Big Ed's G 701-21942 Ranch Acres G 701-21936 Mississippi Pines PUD 00 E 101-41570-303 Planning Fees $200.40 9312 $1,200.00 9313 $635.35 9311 $538.15 9311 $428.67 9311 $366.54 9311 $355.70 9312 General Planning Meetings Prairie Ck II The Pointe Gruppa PP Miss Pines PP Park Ded fees CITY OF OTSEGO Sunday, February 27, 2000 Check Detail Register Page 3 of 4 Unpaid PEOPLESERVICE, INC E 601-49400-390 Contracted Services $437.50 3196 March Assistance Total PEOPLESERVICE, INC $437.50 :n,.. vmnanx.�eMneeaa+a++w.wmm>m•..wne.,a•::::.+.:::::::::::::::..�::::.:::::.�:::::.:�.�:::::::.�:::::::::::::::::::::.:,-::::::.<„a:,a::xrsxxc•:::...a+::<.:.:�.:o:.,,;ae:.::x<:;.xr:-:ra:::;>::>.:.x«•..x•:<•:..:.,::o.;.:;a:;-:;;o:«;::.::c.:::::;::;.: UnPaid PITNEY BOWES E 101 -41400-413 Office Equipment Rental $200.04 4705027 2 months rental Total PITNEY BOWES $200.04 Unpaid PRINCIPAL FINANCIAL GROUP E 101-41400-123 Health $97.45 PW Dental E 101-41400-123 Health $171.25 Adm Dental Total PRINCIPAL FINANCIAL GROUP $268.70 ::.UnPaici::...........................................:......>RNIR S -ER VICES:—IN C>:•.... .........,.>..::.:. H .:...................::..:.... ...:.......:.............:........................................... E 601-49400-203 Supplies - General $5,503.26 2000-145 Water Meters Total RMR SERVICES, INC $5,503.26 .............................................................................................................................. UnPaid SUPERIOR SERVICES E 101 -43610-390 Contracted Services $460.00 127402 March Services Total SUPERIOR SERVICES $460.00 ::.llnPaid::..............................:...............:.:..>T & S TRUCKING BUFFALO INC;.::..M........:.:.....,..,....:..............,....:...:.....:..:......::..,.......................................... E 101-43100-390 Contracted Services $3,052.00 325 April Sweeping Total T & S TRUCKING BUFFALO INC $3,052.00 Unpaid TERMINAL SUPPLY CO ................ >wv..w>r:.;w»uxo-xac-:rmanvamrw:Ha �,na»•aww::......................................... E 101-43100-220 Repair/Maint Supply (GENERAL) $99.00 27126 Supplies Total TERMINAL SUPPLY CO $99.00 Unpaid WASTE MANAGEMENT Check Amt Invoice Comment G 701-21943 Carron Move In $270.00 9311 Carron CUP G 701-21946 Crimson Ponds 2nd $195.26 9311 Crimson Ponds II G 701-21939 Bajari 00-6 $148.50 9311 Bajari E 101-41570-303 Planning Fees $122.96 9312 HPC Assist G 701-21931 Apex Bldg Addn $16.50 9311 Apex Bldg G 701-21944 Bauerly/Bajari $82.50 9311 Bauerly/Bajari G 701-21922 Pheasant Ridge $66.00 9311 Pheasant Ridge FP E 101-41570-303 Planning Fees $65.80 9312 Feedlot Ord E 101-41570-303 Planning Fees $62.87 9312 City Triangle Study G701-21926 Thibodeau CUP 99-17 $55.00 9311 Fun City PUD E 101-41570-303 Planning Fees $37.60 9312 Park Assist G 701-21937 Anderson 00-4 CUP $33.00 9311 Anderson Reloc E 101-41570-303 Planning Fees $25.92 9312 Code Enforce G 701-21924 Mining permit #7 $24.00 9311 Mining Per #7 G 701-21927 O. Thompson CUP 99-18 $110.00 9311 Orrin Thompson G 701-21938 TMH Development $298.28 9311 TMH Dev Total NORTHWEST ASSOC CONSULTANTS $5,339.00 Unpaid ONRAMP, INC E 101 -41 400-390 Contracted Services $39.95 971618 Monthly Fee Total ONRAMP, INC $39.95 Unpaid PEOPLESERVICE, INC E 601-49400-390 Contracted Services $437.50 3196 March Assistance Total PEOPLESERVICE, INC $437.50 :n,.. vmnanx.�eMneeaa+a++w.wmm>m•..wne.,a•::::.+.:::::::::::::::..�::::.:::::.�:::::.:�.�:::::::.�:::::::::::::::::::::.:,-::::::.<„a:,a::xrsxxc•:::...a+::<.:.:�.:o:.,,;ae:.::x<:;.xr:-:ra:::;>::>.:.x«•..x•:<•:..:.,::o.;.:;a:;-:;;o:«;::.::c.:::::;::;.: UnPaid PITNEY BOWES E 101 -41400-413 Office Equipment Rental $200.04 4705027 2 months rental Total PITNEY BOWES $200.04 Unpaid PRINCIPAL FINANCIAL GROUP E 101-41400-123 Health $97.45 PW Dental E 101-41400-123 Health $171.25 Adm Dental Total PRINCIPAL FINANCIAL GROUP $268.70 ::.UnPaici::...........................................:......>RNIR S -ER VICES:—IN C>:•.... .........,.>..::.:. H .:...................::..:.... ...:.......:.............:........................................... E 601-49400-203 Supplies - General $5,503.26 2000-145 Water Meters Total RMR SERVICES, INC $5,503.26 .............................................................................................................................. UnPaid SUPERIOR SERVICES E 101 -43610-390 Contracted Services $460.00 127402 March Services Total SUPERIOR SERVICES $460.00 ::.llnPaid::..............................:...............:.:..>T & S TRUCKING BUFFALO INC;.::..M........:.:.....,..,....:..............,....:...:.....:..:......::..,.......................................... E 101-43100-390 Contracted Services $3,052.00 325 April Sweeping Total T & S TRUCKING BUFFALO INC $3,052.00 Unpaid TERMINAL SUPPLY CO ................ >wv..w>r:.;w»uxo-xac-:rmanvamrw:Ha �,na»•aww::......................................... E 101-43100-220 Repair/Maint Supply (GENERAL) $99.00 27126 Supplies Total TERMINAL SUPPLY CO $99.00 Unpaid WASTE MANAGEMENT CITY OF OTSEGO Sunday, February 27, 2000 Page 4 of 4 Check Detail Register Check Amt Invoice Comment ............. ............................ ..:: <:............... ....................... ...............,... ....,:.,r•:........ ...,,,.....:................................................................ h E 101-43610-390 Contracted Services $112.50 7459 March recycling Total WASTE MANAGEMENT $112.50 10100 BANK OF ELK RIVER $100,102.12 y _v'1-0 0 CITY OF OTSEGO Tuesday,-Febrvary22 2000 Check Summary Register Page 1 of 1 Total Checks $65,659.42 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid CAROL OLSON $50.00 UnPaid ELAINE BEATTY $55.00 UnPaid ICMA RETIREMENT TRUST $614.70 UnPaid JUDY HUDSON $33.00 UnPaid LATOUR CONSTRUCTION $61,927.24 UnPaid MID -CENTRAL RESTAURANT SUPPLY $651.78 UnPald MINNESOTA STATE TREASURER $1,111.00 UnPaid PUBLIC EMPLOYEES RETIREMENT FD $907.20 UnPaid REBECCA VALERIUS $290.00 UnPaid WRIGHT COUNTY RECORDER $19.50 Total Checks $65,659.42 CITY OF OTSEGO Check Detail Register Li-x-.)._od Tuesday Page 1 of 1 Check Amt Invoice Comment .:..:..:..:.:...w......�....:.:...:..:...v....:..:..:..:..:..:......:.v....:..:.:\. v'T?Y??}:•}? \..::: R .. .... t . . ..... ............ :::V . ....»............ 10100 BANKOFELKRIVER UnPaid ...........,.....................................{{.?C:t{t;;;tKVM9CO�W.,..;n:C3C:.K.bttC00N400..dbtm•YAw.txKM'Kt::v.::::::.Y•::.v:::::.,..v::::::.v::::::::. �:::::::::::::::::::::: :.:. �:::::::::.v::.v::::: :.::::.v. UnPaid CA OL G 101-21709 Medicare $50.00 Credit Union Refund Total CAROL OLSON $50.00 ,,. .............:..:.rte ,;x..;....,.,,»,...:.....,,.,,.,.,,.......................................... .............................. UnPald ELAINE BEATTY G 1 01-21 706 Hospitalization/Medical Ins $55.00 Medical reinburse Total ELAINE BEATTY $55.00 .......:.}..:.....}»}...h}:y�Y:;.:.]f4YiGy:}.NI}!A+}i:Jn•::.•::: n,:............,.......,... .........nn........:........................... :4Yl:: n.nx:V4VWA'GO4:J]J}»h /.V}i}>i}}'-..: : Unpaid ICMA RETIREMENT TRUST E 101-41400-121 PERA $201.92 PPE 4/1/00 G 101-21705 Other Retirement $412.78 PPE 4/1/00 Total ICMA RETIREMENT TRUST $614.70 Unpaid JUDY HUDSON E 101-41400-321 Mileage/Travel $33.00 Mileage to Conf Total JUDY HUDSON $33.00 ............................................................................................... f..0?T?:;OTT?""f.GTTT:�:�::}:�]:.Av..n<4:{U.......,.....,\Y...<.<....... ......t::. Y Unpaid LATOUR CONSTRUCTION E 418-43100-530 Improvements Other Than Bldgs $61,927.24 Change Order #1 $199.70 Total LATOUR CONSTRUCTION $61,927.24 $201.03 .:..:::.r .}}?}?:????•T:T?:TTTTTTTYT:T?T}T�...T-::..::.......,.: UnPaid •::.:.}:.:t::i:::............: . MID -CENTRAL RESTAURANT SUPPLY $433.95 E 101-41940-220 Repair/Maint Supply (GENERAL) $340.00 4-8 ft tables E 101-41940-220 Repair/Maint Supply (GENERAL) $39.78 Sales tax E 101-41940-220 Repair/Maint Supply (GENERAL) $272.00 2-5 It tables Total MID -CENTRAL RESTAURANT SUPPLY $651.78 ::xvlvwarywn}va3xu:::::::.�:.�::::.::,}::q:{:::::.v:::::::::.�::::::::::.v:::::::::::::::::::.v::.v:::::::::::::::.v::::::.v::::::::TTTT?T85KNf::tiS•T}}}:-}TT?????T?}}}?T}Y:;-:???•?"f..?: TTTT:•f.•Y.{{•A .,-,-- UnPaid MINNESOTA STATE TREASURER G101-21801 BUILDING PERMIT SURCHARGE $1,111.00 Surcharge 1st quart Total MINNESOTA STATE TREASURER $1,111.00 UnPaid PUBLIC EMPLOYEES RETIREMENT FD E 101-41550-121 PERA $72.52 PPE 4/1/00 E 101-41400-121 PERA $199.70 PPE 4/1/00 E 101-43100-121 PERA $201.03 PPE 4/1/00 G 101-21704 PERA $433.95 PPE 4/1/00 Total PUBLIC EMPLOYEES RETIREMENT FD $907.20 REBECCA ALERIUS R 101-38992 CITY HALL RENT ($110.00) Less Super Fees G101-21803 DAMAGE DEPOSIT PAYABLE $400.00 Damage Dep Ref Total REBECCA VALERIUS $290.00 ....vv.vw:.:::m....xvxwu................. ............/...n \nv f. T.:: T.l'•'f.<WTTTTT}W::. /.F.xvv.v xfti•Y.v}W>:T:SKVf:vi:;{n:<!:.:.:.?}}::;;:/!.}:!;C.:.:-::!.:!O}.:..i}}: UnPaid WRIGHT COUNTY RECORDER E 101-41400-340 Recording Fees $19.50 Ophoven Recording Total WRIGHT COUNTY RECORDER $19.50 10100 BANK OF ELK RIVER $65,659.42 14,.1'4-aU CITY OF OTSEGO 021?2/007:12PM Page 1 Claim Docket APRIL 2000 Claim Type Claim# 0 Invoice Transaction Date 2/22/2000 BANK OF ELK RIVE 10100 Total Claim# 1 MINNESOTA STATE TREASURER Cash Payment G 101-21801 Surcharge 1st quart $1.111.00 Invoice Transaction Date 2/22/2000 •::::.•.�:::::::: '::::.... '.•:nt•.H?LMNW?.K1�.. BANK OF ELK RIVE 10100 Total $1,111.00 .':::. .::::. ...Y.v}?K.vv. Claim# 2 ELAINE BEATTY K.vXM vhXmv,\,Hv ....•{:.,•.vv\MBH�M UNHXth 4vxnn?vS: 4tL:M±iv Cash Payment G 101-21706 Medical reinburse $55.00 Invoice Transaction Date 2/22/2000 BANK OF ELK RIVE 10100 Total $55.00 ........................................,....n......................:...:...,....n...................n..v................}isfiiirq\p'IXC}:nttiG:i.:v\.:9:iivir:i.vii:4:4:4:4ii:K*U:p.......................................:....... Claim# 3 REBECCA VALERIUS Cash Payment G 101-21803 Damage Dep Ref $400.00 Invoice ,sh Payment R 101-38992 Less Super Fees -$:10.;0 Invoice Transaction Date 2/22/2000 BANK OF ELK RIVE 10100 Total $290.00 Claim#::.:......:::4:•:. MID-CENTRALRESTAURANTSUPP::....................,...:........:. ,..,..........:.,...............................................................:..... Cash Payment E 101-41940-220 4-8 ft tables $340.00 Invoice Cash Payment E 101-41940-220 2-5 ft tables $272.00 Invoice Cash Payment E 101-41940-220 Sales tax $39.78 Invoice Transaction Date 2/22/2000 BANK OF ELK RIVE 10100 Total $651.78 Claim# 5 CAROL OLSON Cash Payment G 101-21709 Credit Union Refund $50.00 Invoice Transaction Date 2/22/2000 BANK OF ELK RIVE 10100 Total $50.00 Claim# 6 PUBLIC EMPLOYEES RETIREMENT Cash Payment G 101-21704 PPE 4/1/00 $433.95 Invoice Cash Payment E 101-41400-121 PPE 4/1/00 $199.70 Invoice -ish Payment E 101-43100-121 PPE 4/1/00 $201.03 Invoice Cash Payment E 101-41550-121 PPE 4/1/00 $72.52 Invoice