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05-22-00 CC
ki2 0 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: 4. CONSENT AGENDA Elaine Beatty, City Clerk/Zoning Administrator May 22, 2000 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 4.A. Special Presentation: 1. Consider condemnation procedures for Jane Gardner under hazardous building act for PID #118--37-001170. 2. Discussion with Carey Lyons, Christ Lutheran Church Re: Siding type for the Christ Lutheran Church Addition. BACKGROUND: 1. Jerry Olson, Building Official will be present as will Andy MacArthur, City Attorney to discuss this issue. See Jerry Olson's Inspection of the site report attached. 2. Carey Lyons, Christ Lutheran Church was on the last Council Agenda for this item, but thought it had been canceled. He will be present to discuss the siding type for the Christ Lutheran Church Addition. I have attached information from the Planners Report. Jerry Olson will be present for any questions. RECOMMENDATION: These items are for Council consideration. Thanks, Elaine Michael C. Couri- Andrew J. MacArthur Marcus W. Miller •AW Ueemes in utiwis May 17, 2000 City Council Members City of Otsego c/o Mike Robertson, City 8899 Nashua Avenue NE Elk River, MN 55330 COURJ & MACARTHUR Attorneys at Law 705 Central Avenue Ecut PO Box 369 St. Michael, MN55376-0369 (763).497-1930 (763) 497-2599 (FAX) couriarubnacanhur©pobox. cont II Administrator - — — RE: Gardner Property- Hazardous Building Resolution and Order Dear Council Members: Enclosed please fmd a proposed resolution and order under the Hazardous Building Law for possible action against the Gardner property. This matter has been discussed previously at Council meetings. The enclosed order does not contain the specific fmdings. I have spoken with Jerry Olson regarding this matter and he will be inspecting the premises as consented to by the apparent owner- at the last City Council meeting today and will provide a report to support Council findings prior to or at Monday's City Council meeting. I have also enclosed a copy of the Hazardous Building Statute for Council review. I will be available to answer any questions you may have regarding this matter at the next Council meeting. Very tru ours, ew J. Ar COURI NIACARTHUR Encl. cc: Jerry Olson, Building Inspector City of Otsego County of Wright State of Minnesota RESOLUTION APPROVING AN ORDER FOR ABATEMENT OF A HAZARDOUS BUILDING PURSUANT TO MINNESOTA STATUTES CHAPTER 463. Resolution No. WHEREAS, the City building inspector has determined that the premises located in the City of Otsego at 7953 Ochoa Avenue Northeast and legally described in the Order attached to this resolution, contains a mobile home that is a hazardous building within the meaning of Minnesota Statutes §463.15 subdivision 3; and WHEREAS, because of inadequate maintenance, dilapidation and the mobile home's poor physical condition and structural integrity, the building is beyond repair; and WHEREAS, the aforementioned mobile home is a non -conforming use under the City's zoning ordinance and, therefore, may not be repaired or renovated; and WHEREAS, the above -referenced premises endangers the public health, safety and welfare and, further, it is in the public's best interest that said premises be razed and all debris removed from the property. NOW THEREFORE BE IT RESOLVED by the Otsego City Council as follows: 1. The attached Order for removal of the above -referenced hazardous building is hereby adopted and its findings, terms and conditions are incorporated herein by reference. 2. The City Clerk, Building Inspector and other City Officials, in cooperation with the City Attorney, are authorized and directed to prepare, sign and serve documents, or cause the same to occur, and take such other actions as are necessary to enforce the terms and conditions of the attached Order. The foregoing resolution was duly adopted the day of , 2000 by the Otsego City Council. Mayor ATTEST: Clerk City of Otsego County of Wright State of Minnesota FINDINGS AND ORDER In the Matter of Hazardous Real Estate located in the City of Otsego, Wright County, Minnesota, legally described as follows: (insert or attach legal description) To: Ms. Jane Gardner and all others claiming any right, title or interest in the above- described real property: 1. Pursuant to Minnesota Statutes §463.15 et seg., the Otsego City Council , having duly considered the matter, finds the above-described property, located at 7953 Ochoa Avenue in the City of Otsego, to contain a hazardous building for the following reasons: a. b. (reasons to be supplied from building inspector's written report) 2. Pursuant to the foregoing findings and in accordance with Minnesota Statutes §463.15 through §463.261, the City Council hereby orders the record owners of the above-described hazardous building to take the following actions, or cause the same to occur: a. raze and remove the building within days of service of this Order. b. cause any resulting excavation to be filled to grade within said period. c. obtain all necessary demolition or other permits as may be required by state agencies or local units of government prior to performing the work required hereunder. d. cap all wells, as may be required, in accordance with state or local laws and regulations. e. remove or collapse any septic system, as may be required, in accordance with state or local laws and regulations. f. comply with all applicable state and local laws and regulations in performing the work as required hereunder. The City Council further orders that all personal property or fixtures shall be removed from the building within days of service of this Order and, if not so removed, the City of Otsego may remove and sell such personal property or fixtures at public auction as required by law. 3. The City Council further orders that unless the above -listed actions are taken or an answer is served upon the City of Otsego and filed with the Office of the Clerk of Court of District Court of Wright County within twenty (20) days from the date of service of this Order, a motion for summary enforcement of this Order will be made to the District Court of Wright County. 4. The City Council further orders that if the City if compelled to take any corrective action as herein provided, all necessary and allowable costs expended by the City may be assessed or become alien against the above-described real property and be collected as provided by law. 5. The Mayor, City Clerk, City Attorney and other officers, agents and employees of the City are authorized and directed to take such action, prepare, sign, and serve such papers as are necessary to enforce this Order and to collect the costs thereof, or seek such other relief, in any manner as may be provided by law. Adopted by the Otsego City Council this _ day of 32000. Mayor City Clerk (SEAL) MSA § 463.15, Definitions *70996 M.S.A. § 463.15 MINNESOTA STATUTES ANNOTATED LOCAL GOVERNMENT POLICE POWERS CHAPTER 463. BUILDING LINE EASEMENTS; BUILDING REGULATIONS; AND HAZARDOUS BUILDINGS HAZARDOUS AND SUBSTANDARD BUILDINGS Current through End of 1999 Reg. Sess. 463.15. Definitions Subdivision 1. For purposes of sections 463.15 to 463.26 the terms defined in this section have the meanings given them. Subd. 2. Building. 'Building" includes any structure or part of a structure. Subd. 3. Hazardous building or hazardous property. "Hazardous building or hazardous property" means any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health. Subd. 4. Owner, owner of record, and lien holder Page 1 of record. "Owner," 'owner of record," and "lien holder of record" means a person having a right or interest in property described in subdivision 3 and evidence of which is filed and recorded in the office of the county recorder or registrar of titles in the county in which the property is situated. CREDIT(S) 1991 Main Volume Laws 1965, c. 393, § 1, ef: May 12, 1965. Amended by Laws 1967, c. 324, § 1, e(j" May 11, 1967, Laws 1976, c. 181, § 2; Laws 1989, c. 328, art. 6, §§ 5, 6. HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 1991 Main Volume The 1967 amendment added subd. 4. The 1976 amendment changed the title of registrar of deeds to county recorder. The 1989 amendment inserted the reference to hazardous property in subd. 3; and, in subd. 4, inserted reference to subd. 3 in place of reference to Laws 1967, chapter 324. REFERENCES CROSS REFERENCES Eminent domain to obtain hazardous buildings, see § 463.152. Warranties on new housing, see § 327A.01 et seq. Copyright (c) West Group 2000 No clavi to original U.S. Govt. works MSA § 463.16, Repair or removal of hazardous building; hazardous property conditions Page 1 "71001 M.S.A. § 463.16 term "cities" or the substitution of the term "statutory cities" for "villages" and/or "boroughs." MINNESOTA STATUTES ANNOTATED LOCAL GOVERNMENT POLICE POWERS CHAPTER 463. BUILDING LINE EASEMENTS; BUILDING REGULATIONS; AND HAZARDOUS BUILDINGS HAZARDOUS AND SUBSTANDARD BUILDINGS Current through End of 1999 Reg. Sess. 463.16. Repair or removal of hazardous building; hazardous property conditions The governing body of any city or town may order the owner of any hazardous building or property within the municipality to correct or remove the hazardous condition of the building or property or to raze or remove the building. CREDIT(S) 1991 Main Volume Laws 1965, c. 393, § 2. Amended byLativs 1973, c. 123, art. 5, § 7, Laws 1989, c. 328, art. 6, § 7. HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 1991 Main Volume The 1973 amendment was a general authorization for the consolidation of the terms "villages" and "boroughs" into the The 1989 amendment inserted references to hazardous property and authorized the removal as well as the correction of the hazardous condition. REFERENCES CROSS REFERENCES Eminent domain, hazardous and substandard building proceedings, see § 117.56. ANNOTATIONS NOTES OF DECISIONS Duty to repair or raze 2 Leased buildings 1 1. Leased buildings City's actions in ordering leased building either razed or repaired and proceeding with building's destruction when, by reason of economic impossibility, landlord did not undertake repairs constituted destruction of building by public authority which, pursuant to lease, terminated lease. Burgi v. Eckes, App. 1984,354 N.W.2d 514. 2. Duty to repair or raze Trustee for holders of commercial development revenue bonds would not be permitted to close subject commercial property, which it had purchased at foreclosure sale, on ground that closing building was more effective than correcting hazardous condition; closing building would not correct problems of falling facade and possible collapse of ramp, and allowing trustee to walk away from building would shift to public responsibility for razing or repairing building. First Trust Co., Inc. v. Union Depot Place Ltd. Partnership, App. 1991, 476 N.W.2d 178, review denied. "71002 Owner of building which endangers public safety may be liable for costs of razing or repairing it. First Trust Co., Inc. v. Union Depot Place Ltd. Partnership, App.1991, 476 N.W.2d 178, review denied. Copyright (c) West Group 2000 No claun to original U.S. Govt, works MSA § 463.17, The order *71004 M.S.A. § 463.17 MINNESOTA STATUTES ANNOTATED LOCAL GOVERNMENT POLICE POWERS CHAPTER 463. BUILDING LINE EASEMENTS; BUILDING REGULATIONS; AND HAZARDOUS BUILDINGS HAZARDOUS AND SUBSTANDARD BUILDINGS Current through End of 1999 Reg. Sess. 463.17. The order Subdivision 1. Contents. The order shall be in writing; recite the grounds therefor; specify the necessary repairs, if any, and provide a reasonable time for compliance; and shall state that a motion for summary enforcement of the order will be made to the district court of the county in which the hazardous building or property is situated unless corrective action is taken, or unless an answer is filed within the time specified in section 463.18. Subd. 2. Service. The order shall be served upon the owner of record, or the owner's agent if an agent is in charge of the building or property, and upon the occupying tenant, if there is one, and upon all lien holders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found, the order shall be served upon the owner by posting it at the main entrance to the building or, if there is no building, in a conspicuous place on the property, and by four weeks' publication in the official newspaper of the municipality if it has one, otherwise in a legal newspaper in the county. Subd. 3. Filing. A copy of the order with proof of service shall be filed with the court administrator of district court of the county in which the hazardous building or property is located not less than five days prior to the filing of a motion pursuant to section 463.19 to enforce the order. Page 1 At the time of filing such order the municipality shall file for record with the county recorder or registrar of titles a notice of the pendency of the proceeding, describing with reasonable certainty the lands affected and the nature of the order. If the proceeding be abandoned the municipality shall within ten days thereafter file with the county recorder a notice to that effect. CREDIT(S) 1991 Main Volume Lativs 1965, c. 393, § 3. Amended by Laws 1976, c. 181, § 2; Laws 1986, c. 444; Laws 1986, 1st Sp., c. 3, art. 1, § 82; Laws 1989, c. 328, art. 6, § 9. HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 1991 Main Volume "71005 Laws 1976, c. 181, § 2 directed the revisor of statutes to change the name of register of deeds and office of register of deeds to county recorder and office of county recorder. Laws 1986, c. 444, authorized the removal of nonsubstantive gender specific references. Laws 1986, 1st Sp., e. 3, art. 1, § 82 directed the revisor of statutes to substitute the terms "court administrator" or "administrator" as appropriate for references to the clerk of district court, clerk of county court or clerk of municipal court throughout Minnesota Statutes. The 1989 amendment inserted references to hazardous property throughout the section and, in subd. 2, inserted the provision allowing summons to be posted in a conspicuous place on the property if there is no building. REFERENCES CROSS REFERENCES Eminent domain. hazardous and substandard building proceedings, see § 117.56. Newspapers, qualified to give public notice, see § 331A.02. Contents 1 ANNOTATIONS NOTES OF DECISIONS Copyright (c) West Group 2000 No claitn to original U.S. Govt. works MSA § 463.17, The order Service 2 1. Contents Where municipal corporation seeks to have private building destroyed because it presents a hazardous condition, notice and opportunity to be heard which arc the essence of due process of law should be provided freely and unequivocally to property owner, because of fact that judgment adverse, in the absence of an emergency situation, to the owner results in loss without compensation. Village of Zumbrota v. Johnson, 1968, 280 Minn. 390,161 N. W.2d 626. Notice issued by village council giving property owner alternatives to eliminate hazardous building and debris or to serve an answer pursuant to specified statute, was deficient in that it failed to specify precisely what owner was expected to do to eliminate hazardous conditions, and because it referred him to an obsolete statutory arrangement if he chose to file an Page 2 answer. Village of Zumbrota v. Johnson, 1968, 280 Minn. 390,161 N.W.2d 626. 2. Service Non-resident owner of real property located within village within state must be personally served with village order relating to violation of building regulation pursuant to Rule 4.04 of the Minnesota Rules of Civil Procedure where the ownees out of state whereabouts are known. OpAtty.Gen., July 25, 1968. "71006 Under the Hazardous and Substandard Buildings Act (§ 363.15 et seq.). it would be enough if owners were notified of the institution of action, and in the instance of an estate which had not been probated notice to the known heirs by serving a copy of the order provided for in this section and posting a publication of a notice to advise unknown heirs would be sufficient. Op.Atty.Gen., 197c, June 22, 1966. Copyright (c) West Group 2000 No claun to original U.S. Govt. works MSA § 463.18, Answer *71007 M.S.A. § 463.18 MINNESOTA STATUTES ANNOTATED LOCAL GOVERNMENT POLICE POWERS CHAPTER 463. BUILDING LINE EASEMENTS; BUILDING REGULATIONS; AND HAZARDOUS BUILDINGS HAZARDOUS AND SUBSTANDARD BUILDINGS Current through End of 1999 Reg. Sess. 463.18. Answer Page 1 Within twenty days from the date of service, any person upon whom the order is served may serve an answer in the manner provided for the service of an answer in a civil action, specifically denying such facts in the order as are in dispute. CREDIT(S) 1991 Main Volume Laws 1965, c. 393, § 4. REFERENCES CROSS REFERENCES Eminent domain, hazardous and substandard building proceedings, see § 117.56. Copyright (c) West Group 2000 No claim to original U.S. Govt. works MSA § 463.19, Default cases "71008 M.S.A. § 463.19 MINNESOTA STATUTES ANNOTATED LOCAL GOVERNMENT POLICE POWERS CHAPTER 463. BUILDING LINE EASEMENTS; BUILDING REGULATIONS; AND HAZARDOUS BUILDINGS HAZARDOUS AND SUBSTANDARD BUILDINGS Current through End of 1999 Reg. Sess. 463.19. Default cases If no answer is served, the governing body may move the court for the enforcement of the order. If such a motion is made the court may, upon the presentation of such evidence as it may affirm require, arm or modify the order and enter judgment accordingly, fixing a time after which the governing body may proceed with the enforcement of the order. The court administrator shall cause a copy of the judgment to be mailed forthwith to persons upon whom the original order was served. CREDIT(S) 1991 Main Volume Laws 1965, c. 393, § S. Amended by Laws 1986, 1st Sp., c. 3, art 1, § 82. HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 1991 Main Volume Page 1 Laws 1986, 1st Sp., c. 3, art. I, § 82 directed the revisor of statutes to substitute the terns "court administrator" or "administrator" as appropriate for references to the clerk of district court, clerk of county court or clerk of municipal court throughout Minnesota Statutes. REFERENCES CROSS REFERENCES Eminent domain, hazardous and substandard building proceedings, see § 117.56. ANNOTATIONS NOTES OF DECISIONS In general 1 Review 2 1. In general Order vacating default judgment which had been entered without proper notice to owner of property condemned as hazardous or opportunity to be heard could not be conditioned on the filing of a bond by landowner to insure payment of costs, disbursements, and expenses which would be incurred ifjudgment adverse to landowner were ultimately rendered. Village of Zumbrota v. Johnson, 1968, 280 Minn. 390,161 N.W 2d 626. Notice issued by village council giving property owner alternatives to eliminate hazardous building and debris or to serve an answer pursuant to specified statute was not sufficiently certain to meet requirements for notice and opportunity to be heard which are essential conditions precedent for entry of a default judgment in district court action to compel the elimination of a nuisance. Village of Zumbrota v. Johnson, 1968, 280 Minn. 390, 161 N.W.2d 626. "71009 2. Review Landowner, who was ordered by village council to remove certain allegedly hazardous building and personalty, and who on appeal to Supreme Court prevailed on ground that notice issued by village council was deficient, was not entitled to taxation of costs and disbursements. Village of Zumbrota v. Johnson, 1968, 280 Minn. 390, 161 N.W 2d 626. Copyright (c) West Group 2000 No claun to original U.S. Govt. works MSA § 463.20, Contested cases *71010 M.S.A. § 463.20 MINNESOTA STATUTES ANNOTATED LOCAL GOVERNMENT POLICE POWERS CHAPTER 463. BUILDING LINE EASEMENTS; BUILDING REGULATIONS; AND HAZARDOUS BUILDINGS HAZARDOUS AND SUBSTANDARD BUILDINGS Current through End of 1999 Reg..Sess. 463.20. Contested cases If an answer is filed and served as provided in section 463.18, further proceedings in the action shall be governed by the Rules of Civil Procedure for the District Courts, except that the action has priority over all pending civil actions and shall be tried forthwith. If the order is sustained following the trial, the court shall enter judgment and shall fix a time after which the building must be destroyed or repaired or the hazardous condition removed or corrected, as the case may be, in compliance with the order as originally filed or modified by the court. If the order is not Page 1 sustained, it shall be annulled and set aside. The court administrator of the court shall cause a copy of the judgment to be mailed forthwith to the persons upon whom the original order was served. CREDIT(S) 1991 Main Volume Laws 1965, c. 393, § 6. Amended by Laws 1986, Ist SP., C. 3, art. 1, § 82; Laws 1989, c. 328, art. 6, § 10. HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 1991 Main Volume Laws 1986, 1st Sp., c. 3, art. 1, § 82 directed the revisor of statutes to substitute the terns "court administrator" or "administrator" as appropriate for references to the clerk of district court, clerk of county court or clerk of municipal court throughout Minnesota Statutes. The 1989 amendment inserted "or the hazardous condition removed or corrected". REFERENCES CROSS REFERENCES Eminent domain, hazardous and substandard building proceedings, see § 117.56. Copyright (c) West Group 2000 No claun to original U.S. Govt. works MSA § 463.2 1, Enforcement of judgment *71011 M.S.A. § 463.21 MINNESOTA STATUTES ANNOTATED LOCAL GOVERNMENT POLICE POWERS CHAPTER 463. BUILDING LINE EASEMENTS; BUILDING REGULATIONS; AND HAZARDOUS BUILDINGS HAZARDOUS AND SUBSTANDARD BUILDINGS Current through End of 1999 Reg. Sess. 463.21. Enforcement of judgment If a judgment is not complied with in the time prescribed, the governing body may cause the building to be repaired, razed, or removed or the hazardous condition to be removed or corrected as set forth in the judgment, or acquire the building, if any, and real estate on which the building or hazardous condition is located by eminent domain as provided in section 463.152. The cost of the repairs, razing, correction, or removal may be: a lien against the real estate on which the building is located or the hazardous condition exists, or recovered by obtaining a judgment against the owner of the real estate on which the building is located or the hazardous condition exists. A lien may be levied and collected only as a special assessment in the manner provided by Minnesota Statutes 1961, sections 429.061 to 429.081, but the assessment is payable in a single installment. When the building is razed or removed by the municipality, the governing body may sell the salvage and valuable materials at public auction upon three days' posted notice. CREDIT(S) 1991 \Iain Volume Laws 1965, c. 393, § 7. .-1 n,ucdcd by Lcnvs 1974. c. 341, § 4; Laws 1989, c. 323, art. 3, § 3. HISTORICAL NOTES Page 1 HISTORICAL AND STATUTORY NOTES 1991 Main Volume The 1974 amendment, in the first sentence, inserted "or the hazardous condition to be removed or corrected", and "or acquire the building and real estate on which the building or hazardous condition is located by eminent domain as provided in section 463.152; and, in the second sentence, inserted "or hazardous condition exists". The 1989 amendment in the first sentence inserted ", if any," and, in the second sentence, inserted "correction", substituted "may" for "shall", and inserted an alternative method of recovery of obtaining a judgment against the owner of the real estate on which the building is located or the hazardous condition exists. . *71012 REFERENCES CROSS REFERENCES Correction of hazardous conditions, see § 463.161. Cost for removal of building by municipality, see § 463.151. Eminent domain, hazardous and substandard building proceedings, see § 117.56. ANNOTATIONS NOTES OF DECISIONS Construction and application 3 Damages 2 Due process 1 1. Due process Where municipal corporation seeks to have private building destroyed because it presents a hazardous condition, notice and opportunity to be heard which are the essence of due process of law should be provided freely and unequivocally to property owner, because of fact that judgment adverse, in the absence of an emergency situation, to the owner results in loss without compensation. Village of Zumbrota v. Johnson, 1968, 280 Minn. 390, 161 N.W.2d 626. 2. Damages City had power to raze building, after property owner failed to correct hazardous conditions identified by city on premises, without aequi6ng building by eminent domain or paying damages for condemnation. Powell v. City of Clearwater, App. 1986, 389 N.W.2d 206. 3. Construction and application Statute governing special assessments applied to special assessments levied by city under statute concerning Copyright (c) West Group 2000 No claiu to original U.S. Govt. works MSA § 463.21, Enforcement of judgment hazardous and substandard buildings. Gadey v. City of Minneapolis, App. 1994, 517 N. W.2d 344, review denied. Copyright (c) West Group 2000 No claun to original U.S. Govt. works Page 2 CITY OF OTSEGO OFFICE MEMORANDUM Date: May 18, 2000 To: Mayor, and Council From: Jerry Olson, Subject: Bldg. Official On May 17, 2000 I made an inspection of the interior of the trailer home owned by Jane Gardner located at 7953 Ochoa Avenue NE in the City of Otsego. I was accompanied by Mr. Scott Willis, a friend of Ms. Gardner. Upon entering the home it at once became apparent that the building had been altered as to bring it out of code compliance. The many alterations included electrical work, plumbing work and structural work. The great majority of the work was done in such a manner as to create a hazardous situation. Items that have been illegally altered include the plumbing system, electrical system, and the structure itself. No permits were ever issued for these alterations and the work was done in a very shoddy manner. The trailer home has also sustained heavy damage due to water leakage. In places the ceiling sags several Inches. There are also many rotted areas in the eaves, windows, and sills. The extent of repair needed to make this trailer safe and habitable would far exceed its value and would also involve structural alterations which are not permitted by city ordinances. Included with this report are excerpts from the Minnesota Manufactured Home Rules, the Minnesota State Bldg. Code, the Minnesota State Plumbing Code and the Minnesota State Mechanical Code. In summary this home is very unsafe and unfit for habitation due to lack of maintenance, dilapidation and damage, and does in fact constitute a health, safety, and fire hazard. I would recommend that the council proceed with the order for abatement. This order should also include the out building. JO/co cc: Mike Robertson, City Adm. Elaine Beatty, City Clerk enc. CODE NON -COMPLIANCES Following is a list of the most commonly found non -compliances. These are only examples and non -compliances are not limited to the examples given. These areas of concern happen after the home is out of the factory, usually during the time it is occupied or in some cases, during dealer alterations. Non -Compliances 1. Exterior receptacles missing weather proof protector covers, this includes heat tape receptacles mounted under the home. CFR 3280.808(a) and N.E.C. 410-57(a) or (b). Complies Correction Required 2. N -M cable added under or on the exterior of the home not protected by rigid metal conduit and conductors not suitable for wet locations. 3280.808(k) and N.E.C. 410-57(a) or (b). Complies X Correction Required 3. Boxes fittings, and cabinets not securely fastened in placed. Common examples are duplex receptacle boxes, electric range and clothes dryer receptacles. CFR 3280.808(n) Complies X Correction Required 4. Unprotected N -M cable located 15 inches or less above the floor or N -M cable likely to be damaged when exposed (i.e. wiring in closet or storage areas). CFR 3208.808(c). Added without permits and inspection. Complies Correction Required 5. Electric ranges and clothes dryers without the required 4 -conductor cords and plugs. CFR 3280.809 (b)(2). / Complies \ Correction Required 6. Solid fuel -burning fireplaces or stoves that are not listed for use in manufactured homes, CFR 3280.709(g), or listed but not installed correctly in accordance with listing or standards (i.e. chimney, doors, hearth, combustion or intake, etc.) CFR 3280.709(g)(i). ^ Complies Correction Required 4 7. Replacement gas water heaters or furnaces not listed for manufactured home use, CFR 3208.709(d) (1 or 2). /�J_Oxv vzwv t� •L i Complies X Correction Required rib /'/Co 55 )A&vj-v_ /u t. l/ Q�� �, ��0- /10. &V)L J ` 16. Decking in kitchens, bathrooms, laundry areas, water heater compartments that is not protected from moisture damage. CFR 3280.305(g)(2) allows for protection of decking by sealing with an approved sealer or an. overlay of nonabsorbent material. When retro fitting kitchen or bathroom areas with carpet, th decking must remain protected with one of the approved methods. J /-2Lt.c.c,ctr �- Complies Correction Required 17. Holes in bottom board material or around pipes, ducts, etc. that are not sealed to resist entrance of rodents. CFR 3280.307(d) and 3280.705(a). Complies Correction Required 18. Holes in exterior coverings of homes or broken and missing exterior doors and/or windows which allow the elements (i.e. rain, snow, etc.) into exposed interior materials. CFR 3280.307(a) and (b). Complies Correction Required 19. Homes with windows remodeled or removed which do not comply with light, vent and egress requirements. CFR 3280.103, "Light and Ventilation", (a) Each habitable room requires 8 % of gross floor area light and 4% ventilation. (b) Kitchens may be provided with artificial light and mechanical ventilation capable of producing an air change every 30 minutes, (c) Bathroom and toilet compartments, 1 1/2 sq. ft. of openable window or ventilation system capable of a change in air every 12 minutes. CFR 3280.106, "Egress Windows," every bedroom requires an egress window a net clear opening of 20" wide and 24" high, 5 sq. ft. in area, with the bottom of window opening no more than 36" above the floor. Locks, latches, operating handles, tabs or other operational devices shall not be located more than 54" above the finished floor. Complies Correction Required 20. Homes with replaced door/patio door glass, tub surround and shower door glass, or window glass around bathtubs; not replaced with safety glazing, CFR 3280.114. Glazing in all entrance doors, sliding glass doors, unbacked mirrored wardrobe doors, shower and bathtub enclosures to a height of 6 feet above the floor, and sidelites within 12 inches of either side of an entrance door must be safety glazing materials which comply with ANSI Z97.1-1984. Complies Correction Required 57 14 PLAN SUBMITTAL: ALTERATIONS OR ADDITIONS AS PER MN STATUTES 327.31 - 327.35 IT SHALL BE A MISDEMEANOR FOR ANY PERSON TO ALTER A MANUFACTURED IN A INOW TO BRING THE HOME OUT OF CODE COMPLIANCE.]�� E� PLANS SHALL CONTAIN THE MINIMUM: 1. Name and location of property where work will take place. 2. Dimensioned floor plans. 3. Size, type, and location of windows and exterior doors. A. 3280.103(a; 8' light 4% vent B. 3280.103© Bathrooms 1'/2 sq. ft. vent or mechanical .ventilation producing 1 air change every 12 minutes. C. 3280.106 Egress window in bedrooms, bottom of window 36" above floor maximum, 22" minimum clear width or height, 5 sq. ft. min. area. D. 3280.105 2 exterior doors minimum, single wide 12' c.c. minimum, double wide 20' c.c. minimum. Y4,* rw 14'W-' , AArv--n- 4. Identify, proposed use of rooms on plans. 5. Type and location of plumbing, drain, water, gas and electrical. A. Detail and specify how connections to above will be done. B. Electrical requires line diagram of circuit and outlets or appliances on the circuit. 6. Installation details and instructions. 7. Details and calculations. A. Bearing Header or Beam Design B. Energy Design (Heat Loss and Insulation) 8. Material specifications and fastener schedule. 52 administrative authority shall specify the test procedure. The administrative authority may require tests to be repeated if at any time there is reason to believe that an alternate material no longer conforms to the requirements on which its approval was based. Subp. 4. Advisory council. The administrative authority may appoint an advisory council to study and make recommendations concerning the uses of new fixtures, appurtenances, materials, and methods. STAT ADTH: MS s 326.37 to 326.45 4715.0340 HEALTH AND SAFETY. Subpart 1. Installation of additional plumbing. Where a health or safety hazard exists by reason of an existing plumbing installation or lack thereof, the owner or his agent shall be responsible for installing additional plumbing or making such corrections as may be necessary to abate such nuisance and bring the plumbing installation within the provisions of this code. Subp. 2. Condemned equipment. Any plumbing equipment condemned by the administrative authority because of wear, damage, defects, or sanitary hazards shall not be reused for plumbing purposes. Subp. 3. Used material or equipment. It shall be unlawful to install any used plumbing material or equipment unless it conforms to the standards and rules set forth in this code. Subp. 4. Freezing. Water service piping shall be installed below normal frost penetration for below -grade piping unless special provisions are made to prevent freezing. Plumbing piping in exterior building walls shall be adequately protected against freezing by insulation or heat or both. STAT ADTH: MS s 326.37 to 326.45 23 2 MCAR § 1.90103 0. Approved. "Approved" means acceptable to the authority having jurisdiction. H. Authority having jurisdiction. "Authority having jurisdiction" means the Commissioner of Administration or his authorized representative. I. Authorized representative. "Authorized representative" means any person, firm, or corporation, or employee thereof, approved or hired by the commissioner to perform inspection services. J. Baling. "Baling" means a method of "wrapping" a cross section (roof, walls, and floor) and the main frame (chassis) of a manufactured home with straps. K. Code. "Code" means the manufactured home building code. L. Commissioner. "Commissioner" means the Commissioner of Administration or his duly authorized representative. . Construction alteration. "Construction alteration" means �-e acement, addition, modification, or removal of any equipment or installation which may affect the construction, plumbing, heating, cooling, or fuel burning system, or electrical system or the functioning of any of these in manufactured 'homes subject to the code. N. Construction compliance certificate. "Construction compliance certificate" means the certificate provided by the manufacturer or dealer to both the commissioner and the owner which warrants that the manufactured home complies with the code. O. Dealer. "Dealer" means any person engaged in the sale, leasing, or distribution of a manufactured home primarily to persons who purchase or lease for purposes other than resale. P. Defect. "Defect" means a failure to comply with an applicable federal mobile home construction and safety standard, as set forth in Code of Federal Regulations, title 24, part 3280 (1981), that renders the manufactured home or any part or component of it not fit for the ordinary use for which it was intended, but that does not result in an unreasonable risk of injury or death to occupants of the manufactured home. Q. Design approval inspection agency. "Design approval inspection agency" means a state or private organization that has been accepted by the secretary. R. Diagonal tie. "Diagonal tie" means a tie intended primarily to resist horizontal or shear forces and which may secondarily resist vertical, uplift, and overturning forces. S. Distributor. "Distributor" means any person engaged in the sale and distribution of manufactured homes for resale. It F1��rT �Cl�i �` \� _.. i � _ _ _ __. _. .. 1, � ...�� py/� � P � �-ate .. `Y \ -.� �> p is 7` .. `.. 7 r ' _ ;;} i � 1 �::�:� ' '- � � Zi. � L . `"�� lur war J� �".1'.::��.��a�`.�tSSl3',�."� �} Y� I{�. 't y, �.' � }.f � � r ...,y r .... , �_ � � ,.c Y :J �...-,v :.t,� _` �:ur ._>` a�� i �o 'w'� _ � Z- t� w �,t �:�� r _ ` _,� � � � � -- � a _ _ _ � � _' � # � I .. `' .i . iia_ ``„ -. -, y _ w, 12-1999 18:04 NAC 612 595 9837 P.02i0'7 NORTHWEST ASSOCIATED CONSULTANTc 1NG COMMUNITY PLANNINO - DESIGN . MARKET RESEARCH PLANNING REPORT TO: Otsego Mayor and City Council FROM. Daniel Licht C72 . DATE: 12 October 1999 RE: Otsego - Christ Lutheran Church; Expansion Site Plan Review FILE NO.: 176.02 - 99.21 EXECUTIVE SUMMARY Background Christ Lutheran Church has submitted site and building plans for an 11,200 sq. ft. expansion of the existing facility at 15849 NE 90th Street (southeast quadrant of CSAH 39/CSAI-i 42). The expansion includes space for additional classrooms, nursery and multiple purpose areas. The expansion is the first phase of a planned expansion of the Church facilities. The 15.6 acre parcel is guided for institutional use by the 1998 Comprehensive Plan Update and is zoned INS, Institutional District. Religious institutions are a permitted use in the INS District. As such, only site and building plan approval is required due to the subject parcel's location adjacent to Trunk Highway 101. Attached for Reference - Exhibit A: Site Location Exhibit B: Site Plan Exhibit C: Floor Plans Exhibit D: Building Elevations 5775 WAYZATA SOULEVARO, SUITE 555 ST. LOUIS PARK. MINNESOTA 55416 'HONE 612-59S-9636 FAX 612-595-9837 E-MAIL NAC WINTERNET.CdM OCT -12-1999 1e:05 NAC 612 595 9837 P-03./07, Recommendation The Planning Commission and City Council have the following alternative actions to consider for this application. The proposed expansion of the Christ Lutheran Church building is generally consistent with the performance standards outlined in the Zoning Ordinance. Based upon a review of the site and building plans to adopted Ordinances and policies, our office recommends approval of the site plan as outlined under option A below. A. Motion to approve site and building plans for Lot 1, Block 1 MRD Christ Lutheran Church Addition, subject to the following conditions: 1. The subject site is developed in substantial conformance with the following plans on file with the City of Otsego, except as may be modified herein: a. Site Plan dated 28 September 1999 2. The building facade is revised such that not more than 50 percent of any one wall is metal lap siding. 3. The landscape plan is revised to identify the type of proposed plantings and provide additional plantings to screen the proposed and anticipated parking area, subject to review and approval of City Staff. 4. The applicant provide additional information regarding existing and proposed uses to determine required parking, subject to City Staff review and approval. 5. All site lighting is hooded with a 90 degree cutoff and directed so as not to cause glare to the public right-of-way or adjacent properties. 6. The proposed trash enclosure is subject to review and approval of the City Building Official. 7. All grading and drainage plans are subject to approval of the City Engineer. a. 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 ' OCT -12-1999 18:05 NAC 612 595 9837 P.04/07 C. Motion to table the application (specific direction should be provided to the applicant and/or City Staff regarding additional information, changes, etc.). ISSUES ANALYSIS Performance Standards. The following table illustrates applicable performance standards required for development in the INS District. Lot Area Required 3 ac. Lot Wkith NO Building Setbacks Parking Setbacks Front Side Rear Front/Rear 65 ft. so ft. 65 ft. 15 ft. Side 5 ft. Proposed 10.8 ac. -- 163 ft. 90 ft. 340 ft. 200 ft. 35 tt. Building Materials. The proposed building expansion is proposed to be finished with metal lap siding with a consistent appearance with that of the existing structure. No colors have been specked, but will be required to be similar to that of the existing structure. Section 20.17-4.13 of the Zoning Ordinance states that metal finishes on buildings within the INS District (as well as all commercial districts) are limited to not more than 50 percent of any wall. The intent of this provision is that the building facade be constructed of durable, low maintenance materials such as brick, decorative concrete block, etc. However, the provision does not preclude the use of wood lap siding. Based on the existing regulation, the applicant will revise their plans to provide wood siding in place of the proposed metal. Subsequently, it is anticipated that the applicant would seek approval of a conditional use permit to allow use of 100 percent metal lap siding. Because of the public hearing requirements, the necessary CUP cannot be considered concurrently with this application. Landscaping. Proposed landscaping has been illustrated on the submitted site plan. The planting schedule does not detail the type of plants to be installed and must be specified. Additional landscaping should be provided to better screen the parking area. Given that the existing and proposed parking may ultimately be eliminated by planned future expansions, we would recommend that additional landscaping be provided in consideration of the ultimate build out of the project. Installing landscaping now that will benefit the property in the future will allow for the plants to establish and grow, providing more effective screening at completion of the phased expansion. Planning Report - Christ Lutheran Church Page 3 OCT -12-1999 18 06 NAC 612 595 9837 P.05i07 Parking. The Zoning Ordinance (Section 20-22-9.1) requires churches to provide one parking stall per four seats based upon the design capacity of the main assembly room, plus one stall per employee. Other accessory uses within the church are subject to other applicable parking requirements. Based upon a design capacity of 312 in the main assembly area of the existing building, 78 stalls are required. As part of the project, the applicant is proposing to expand the parking lot to add 38 additional parking spaces to the existing lot for a total of 141 stalls, a surplus of 63 stalls based upon the use of the main hall. More detailed information regarding the uses in the existing buildinb and use of the multiple purpose room is required to determine if the proposed supply is adequate to meet parking demand. The issue may ultimately require that the applicant set aside additional parking area as proof -of -parking, to be installed at a later date if a need is determined. Concrete curb is proposed to be included around the new portion of the parking lot. The building expansion does provide the City an opportunity to require this non -conforming situation to be addressed. However, the Church's ultimate development plan anticipates relocating the parking lot. Therefore, unless the City Engineer determines the curb is necessary for drainage purposes, the Planning Commission and City Council may only the require that curb be provided on the new portion of the parking lot. A concern with this approach is that no time table has been provided for the Church's expansion plans. Lighting. The submitted site plan indicates that one light pole at the east edge of the existing parking lot is to be relocated to the edge of the additional parking surface being added to the site. The existing light may be relocated provided that the light source is completely hooded and directed so as not to cause glare to adjacent parcels or the public right-of-way. Trash. The submitted site plan shows a location for an exterior trash enclosure and provides details of the enclosure. The design and construction of the enclosure are subject to review and approval of the City Building Official. Grading and Drainage. The site plan indicates proposed grading contours for the subject site. The proposed grading and drainage plan is subject to review and approval of the City Engineer_ Utilities. The existing church is currently served by individual well and septic systems. The property is within the sanitary sewer service district and sewer and water lines have been extended to the Bank of Elk River property to the west. The applicant has not petitioned for sanitary sewer and water service and no utility plans have been submitted. The City Council will ultimately need to approve the utility plan for the project, subject to review of the City Engineer Planning Report - Christ Lutheran Church Page 4 OCT -12-1999 18:07 NAC 612 595 9837 P.06i07 CONCLUSION The proposed expansion of the Christ Lutheran Church building is generally consistent with the performance standards outlined in the zoning Ordinance. Site issues that must be addressed include additional landscaping, as well as City Engineer approval of the grading. The proposed building materials is also an issue to be resolved. Our specific recommendation regarding this application Is outlined in the executive summary of this report Pc. Mice Robertson Elaine Beatty Lary Koshak Andy MacArthur Timothy Steinbeck Carey Lyons Planning Report - Chrlst Lutheran Church Page 5 12 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: tiiEETING DATE: DEPARTMENT: PREPARED BY: 6. Dan Licht, City Planner: Elaine Beatty, City Clerk/Zoning Adm. May 22, 2000 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 6.1. Consider Final Plat for Big Ed's Land "The Pointe" - Pulte Homes of Minnesota Corp., Dennis Griswold. (Tabled on May 8, 2000) 6.2. Consider Godfather's Pizza Sign Variance for Rudy and Margaret Thibodeau. 6.3. Consider Park Shelter Recommendation from Park Board. 6.4. Consider Revised Final Plat of Prairie Creek 3RD Addition for Dennis Ulmer/Edmund and Mariette LeFebvre. 6.5. Any Other Planning Business. BACKGROUND: 6.1. This item came on the P.C. on May 15, 2000 for review. The P.C. recommended approval unanimously to the Council with the conditions of NAC's Memo. See Attached Memo and Final Plat Findings of Fact from Dan Licht. Dan will be present to review. 6_2 Attached is a Memo from Dan Licht and Finding of Fact. Dan will be present for comments and information. The Planning Commission voted unanimously to recommend approval to the Council of this item. 6.3. Attached is a May 8th Memo from Mike and also a May 11th Memo from Dan Licht Re: Park Shelter and Park and Recs. issues. Dan Licht and Mike will both be present to review this item. 6.4. Attached is the Final Plat Findings of Fact for Prairie Creek 3RD Addition This was brought forward at the last meeting for final plat and was approved. They have decided to handle this in two phases. After discussing this with Andy, he has advised that the Council recind the original motion to approve the Final Plat of Prairie Creek 3rd Addition before making a motion on this item. Dan Licht and Andy MacArthur will be present to discuss this item further. 6.5. This is for any other planning business that needs discussion. RECO'NEMEND ATION: 6.1 - 6.4. These items are for Council consideration for approval or denial. Thanks Elaine NORTHWEST ASSOCIATED C INC COMMUNITY PLANNING - DESIGN - MA MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 16 May 2000 RE: Otsego - The Pointe; Final Plat FILE NO.: 176.02 - 00.09 N S l'J"CYTIA�at K`E-T 'f2 E Fr Please be advised that the Planning Commission reviewed the proposed final plat for The Pointe at its meeting on may 15, 2000. The Planning Commission's discussion focused on the lot area per unit issue reflecting back to the discussion of PUD flexibility at the preliminary plat review. The Planning Commission was again comfortable in allowing the two separate elements of the project to be considered cumulatively for the purpose of lot area per unit, provided that the lot area per unit is brought up to at least 3,000 sq. ft. per unit and additional landscaping is provided for Block 2. No comments were recieved from the public. Following their discussion, the Planning Commission voted 5-0 to recommend approval of the final plat application, subject to the conditions outlined in planning report. A findings of fact consistent with this recommendation has been prepared for review by the City Council at their meeting on May 22, 2000. pc. Mike Robertson Elaine Beatty Andy MacArthur Larry Koshak 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 5541 6 PHONE 61 2-595-9636 FAX 61 2-595-9837 E-MAIL NACQa WINTERNET.COM CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA Applicant's Name: Pulte Homes of Minnesota. Inc. 5-16-00 Final Plat Findings of Fact & Decision Request: Application for final plat approval of The Pointe consisting of a total of 184 units within eighteen structures as well as three outlots for future residential phases and a commercial development. City Council Meeting Date: 22 May 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: 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 medium/high density residential and commercial land uses by the 1998 Comprehensive Plan Update. 3. The residential elements of the project are zoned R-7, Residential High Density District where townhouse uses are a permitted use. 4. The portion of property planned for commercial land uses is zoned A-1, Agricultural Rural Service District; This zoning is consistent with the City's interim land use plan outlined in the Comprehensive Plan update until such time as a development request is recieved. 5. The property is governed by a PUD -CUP, approved on 27 March 2000, allowing for subdivision of the townhome units on a base lot/unit lot configuration as well as design flexibility in terms of buildings and lot area per unit. 6. The planning report dated 15 May 2000 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 7. The Otsego Planning Commission, at their regular meeting on 15 May 2000, considered the application. Upon review of the application and evidence received, the Otsego Planning Commission recommended by a 5-0 vote that the City Council approve the final plat application based on the aforementioned findings. Decision: Based on the foregoing information and applicable ordinances, the requested The Poine Final Plat is hereby approved based on the most current plan and information received to date, subject to the following conditions: Access to Quaday Avenue shall be subject to review and approval of the City Engineer, Wright County and MNDoT as appropriate. 2. Hammer -head turnarounds are provided at the terminus of all dead end private streets and the design of all private streets is subject to review and approval of the City Engineer. 3. The City Council hold a required public hearing to consider vacation of Parson Avenue, subject to review and comment of the City Engineer. 4. The site plan is revised to illustrate a 65 foot setback from the T.H. 101 right-of-way and at least one-half the sum of adjacent building heights between structures. 5. The final plat is revised conform with the lot area per unit requirements of the R-7 District, unless twelve units are eliminated from Block 2 and a revised landscape plan is submitted that provides a buffer along T.H. 101 and increased planting materials among the structures of Block 2, subject to review and approval of the City Council. 6. The applicant shall be responsible for all costs associated with extension of trunk sanitary sewer facilities to the subject property, subject to further review and approval by the City Council. 7. All grading, drainage and easement issues are subject to review and approval of the City Engineer. 8. The applicant pay a $1,075 per unit cash fee in lieu of land in satisfaction of combined park and trail dedication requirements. 9. The applicant enter into a development contract and post all required securities and fees, subject to review and approval of the City Attorney. PASSED by the Otsego City Council this 22nd day of May, 2000. Attest: CITY OF OTSEGO Larry Fournier, Mayor Elaine Beatty, Zoning Administrator/City Clerk 1' NORTHWEST ASSOCIATED CON LT S INC COMMUNITY PLANNING - DESIGN - M�'RKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 16 May 2000 RE: Otsego - Fun City; Sign Variance FILE NO.: 176.02 - 00.18 The Planning Commission held a public hearing at their meeting on May 15, 2000 to consider the above referenced application. The discussion of the request was limited and the only public comment was from Councillor Virginia Wendel who asked for a procedural clarification. After closing the public hearing, the Planning Commission voted 5-0 to recommend approval of the requested variance. A findings of fact consistent with the Planning Commission's recommendation has been attached for City Council consideration at their May 22, 2000 meeting. Please do not hesitate to contact our office if there are any questions prior to the City Council meeting. PC. Mike Robertson Elaine Beatty Larry Koshak Andy MacArthur 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@ WINTERNET.COM CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA Applicant's Name: Rudy Thibodeau (FUN CITY) 05-16-00 Variance Findings of Fact & Decision Request: Request for variance to allow a free standing sign to encroach 9.5 feet into a required 17.5 foot setback required from a lot line at the Fun City recreation center, 9100 Park Avenue NE. (the "property"). City Council Meeting Date: 22 May 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 3 4 5 6 7 The legal description of the property is Section 15 Township 121 Range 023, Lots 3 and 4, Block 1, Mississippi Shores 6th Addition. The property lies within the Sanitary Sewer Service District as identified in the 1998 Comprehensive Plan Update. The property is guided for commercial development by the 1998 Comprehensive Plan Update and is zoned B-3, General Business District. The property conforms to the minimum lot area and width requirements of the B-3 District. The request is for a free standing sign to encroach 9.5 feet into a 17.5 foot lot line setback required by Section 20-27-2.E of the Zoning Ordinance. Consideration of variance requests are to be based upon the criteria of Section 20-5-2.B: 1. In considering all requests for a variance and in taking subsequent action, the Planning Commission and City Council shall make a finding of fact that the proposed action will not: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase congestion in the public street. C. Have the effect of allowing any uses which are prohibited, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standard which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this chapter. f. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of [Section 20-5-2.B.2]. (see below) 2. A variance from the terms of [the Zoning Ordinance] shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district or area. (1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. (2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of [the Zoning Ordinance]. (3) Special conditions and circumstances causing the undue hardship shall not be a result of lot or building size, or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of [the Zoning Ordinance] would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of [the Zoning Ordinance] or put the property in question to any reasonable use. C. The special conditions and circumstances causing the undue hardship are not the result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by [the Zoning Ordinance] to other lands, structures, or buildings in the same district under the same conditions. e. The request is not a result of non -conforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. 8. The planning report dated 27 April 2000 prepared by Northwest Associated Consultants, Inc. is incorporated herein. 9. The Otsego Planning Commission conducted a public hearing at their regular meeting on 15 May 2000 to consider the application, preceded by published and mailed notice. Upon review of the application and the site inspection and other evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 5-0 vote that the City Council approve the variance. Decision: Based on theforegoing information and applicable plans and ordinances, the requested variance is hereby approved based on the most current plan and information received to date and subject to the following findings and conditions: FINDING: The granting of a variance from Section 20-37-2.E of the Zoning Ordinance is justified based upon the following factors: • The strict application of the a 17.5 foot setback requirement will deny the property a right allowed other properties in similar circumstances. • The location of the proposed sign does not compromise the intent of the Zoning Ordinance. • These circumstances that justify granting of variance are unique to the properties that front this Service Road and that no precedence will be established. 1. The free standing sign shall conform to all other applicable provisions of Section 37 of the Zoning Ordinance. PASSED by the Otsego City Council this 22nd day of May, 2000 Attest: CITY OF OTSEGO Larry Fournier, Mayor Elaine Beatty, Zoning Administrator/City Clerk MEMO Date: May 8, 2000 C� To: Park & Recreation Board From: City Administrator Mike Robertson Re: Park Shelter bids The City has received four bids for the City Park Shelter. The bidders and bid prices were; 1. Ebert Construction $16,627 plus 23350 County Road 10 excavation and Corcoran, MN 55357 landscaping 2. Dan Swanson Construction $22,785 plus 7827 Old Viking Blvd excavation and Anoka, MN 55303 landscaping 3. Tricon, Inc. $26,210 includes PO Box 233 excavation and Rogers, MN 55374 landscaping 4. Flanagan Sales $36,897 plus 2845 Hamline Ave North excavation and Roseville, MN 55113 landscaping I will have the bids available at the Park Board meeting of Wednesday, May 10, 2000. Please review the bids carefully to determine the quality of the building materials and other information in each bid. Please then make a recommendation to the City Council as to which bidder to select. I will be unable to attend the meeting because I will be away at a conference. If you have any questions, please feel free to call me at City Hall next week. cc: Mayor & Council City staff NORTHWEST ASSOCIATED CONSULTANTS N W^rm% INC%k%MM**COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Mike Robertson FROM: Daniel Licht DATE: 11 May 2000 RE: Otsego - P/R Commission; 5/10/00 Meeting FILE NO.: 176.08-00. Once again, the Parks and Recreation Commission failed to have a quorum at their meeting. Only Tom Constant, Mike Day and Tony Faust were in attendance, as well as Council Member Mark Berning, Cynthia Putz-Yang and me. The P/R Commissioners in attendance expressed frustration with the difficulty in getting a quorum for the meetings and suggested that they may need to add additional persons to the board. They acknowledged Jeff Bartheld's need for a leave of absence, but noted that his absence means only one other person can miss a meeting. We did meet with the three P/R Commissioners at the City pump house site to talk about potential facilities that could be developed within a City park. Based upon the comments of those present, we believe that we have enough information to begin preparation of some park concepts for discussion at the June P/R meeting. Hopefully, getting this process moving will enable staff to provide direction to Tolefson Development regarding the anticipated park dedication requirements. Finally, the P/R commission members at the meeting informally reviewed the bids for a park shelter at Prairie Park. In reviewing the bids, their opinion was that the bid from Tricon should be accepted. The basis of this opinion was that the bid was all inclusive of plans, site work and restoration landscaping. Also, the Tricon building was of metal construction and included a 5 -inch concrete pad. The design of the building with fewer beams and/or trusses was also likely to result in fewer birds nesting in the shelter. In order to expedite the process, the P/R members also suggested the Hunter Green roof color. The color for the beams was not specified in the materials. The P/R members suggested a grey or beige color would be most appropriate, but asked to be advised of the choices, if any. The P/R members also discussed getting bids to extend electrical service to the park shelter and asked that staff look into the matter. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 612-595-9837 E-titAIL NAC@a WINTERNET.COM Councilor Berning is going to discuss this issue at the City Council meeting on May 22, 2000. To ensure that the building gets constructed this year, it was suggested that Councilor Berning would present the P/R's informal recommendation for action by the City Council, in order to start the process. According to the proposal, delivery will take 8-10 weeks and construction 2-3 weeks. If you wish to discuss any of these matters further, please do not hesitate to call me. PC. Elaine Beatty NORTHWEST ASSOCIATED CONSLWTS INC COMMUNITY PLANNING - DESIGN - MA f.;K�ET RESEARCH Nw^ f PLANNING REPORT TO: FROM: DATE: RE: FILE NO.. - BACKGROUND Otsego Mayor and City Council Daniel Licht 16 May 2000 Otsego - Prairie Creek 3`d Addition; Revised Final Plat 176.02 - 00.14 The City Council approved a final plat for Prairie Creek 31d Addition, consisting of 74 single family lots on April 10, 2000. Ulmer Construction, Inc. has now submitted a revised final plat for Prairie Creek 3'd Addition. The revised final plat proposes phase development of the remaining 74 single family lots in two stages, the first consisting of 39 lots and the second having 35 lots. Attached for Reference: Exhibit A: Site Location Exhibit B: Final Plat (revised) Exhibit C: Findings of Fact ANALYSIS Preliminary Plat Consistency. The proposed 3rd Addition Final Plat is generally consistent with the approved preliminary plat for Prairie Creek, as well as the approved final plat of Prairie Creek 3`d Addition. The only change between the revised plat and approved plat is the addition of the trail easement between Otsego Elementary and 79th Street NE, which was required as a condition of the original approval. Because the project is being completed in two phases, a revised final plat should be provided that illustrates the 35 lot second phase being designated as an outlot. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 612-595-9636 FAX 612-595-9837 E-MAIL NAC@WINTERNET.COM Park/Trail Dedication. No park land or trail corridors are proposed to be dedicated as part of this phase of the revised final plat. As such, the applicant must pay $1,075 per lot cash fee in lieu of land for park dedication or $41,925. Sewer Capacity. The proposed final plat is to be served by municipal sanitary sewer and water services. Sanitary sewer capacity is only reserved for those projects that have received final plat approval and paid appropriate service fees. To date, the City has final platted a total of 394 units out of a capacity of approximately 450 units (assuming approval of The Pointe Final Plat). As such, there is adequate residential capacity available to serve the subject final plat with 39 lots. Construction Plans. The applicant has submitted construction plans for Prairie Creek 3rd Addition along with grading and drainage plans. Said plans are subject to review and approval of the City Engineer. Development Contract. If the revised Prairie Creek 3rd Addition Final Plat is approved, the applicant must enter into a development contract with the City. At the time the development contract is executed, the applicant must post all required securities and pay applicable fees. The development contract is subject to review and approval of the City Attorney. CONCLUSION AND RECOMMENDATION The revised Prairie Creek 3rd Addition Final Plat is generally consistent with the approved preliminary plat, conditions attached to the original final plat approval and provisions of the City's development regulations and Comprehensive Plan. As such, our office would recommend approval of the revised final plat subject to the conditions outlined in the findings of fact attached as Exhibit C to this memorandum. PC. Mike Robertson Elaine Beatty Andy MacArthur Larry Koshak Dennis Ulmer Matt Davich Chuck Plowe -2- NP.NC ON THE GREAT RIVER ROAD f t---�ELIMIoNARY PLAT \ NORTH PRAIRIE CREEK FOR: ULMER CONSTRUCTION 1611 Nleh AW 10 NI. bp,,V LJ.A Pdrk, M 55A32 x Tel , 612•�0•L•6Et9 //��`\ N GRAYttIC SCAlf. Uri 11 "m I-AM_'y` '�----�--_-'cam• •, ., t (' 22 - .•� - __ gFF,r- • \ps u Rei" '! 1 j ����((((yyyy%%%%����tttt•••--����•-���� / ��jG�/ i S, .' TP .p.. S:.O •• 5 :N.. I \ a ' 9'\' 27 ,� . i � /' \/ /,/ ' v... ::�, m , \��!!! '�al ,s,:'• ,r,. :.. 2.. e.. ; d ; .. .., n D' R2.210 ' '21' �' � ve.••' �. is 1 .p ...E •p. 1 ��1 l--%�J IfuuJra���•--111:dI 1� aL --cL AN. n a-1\��iMn–�Iv; _—. 2g ,o \• .: M1• 2e .p w i, *' •i_� ��,, u '. ,�� �\�.�a'� I F4.�\ ,' 3.3 "� . � .,'• _• _•. .. ., . .. .. •� � jam• ��� • � = _i (•��� r �' %•:,p : i !' 'a `�'{ «20, q 1 a1 ROAD t. ,-1 f -ice—I'll LI- \M • ..• . ,� o • '° 7n e o I I`oJ �I. ,: wcrrnr MAP 'v' r 1 \- 2 0. a .!t NOTES ;x 2 , "I. 'O a •27 I " 2, `\ o''e ~ >< •1 J �1 ., - .'+�..1 u.. u ,r1 _e.'.: , . a .• I �; ; t '� �' it M,. �.,. :�., ........,. ... ,\ a .7. e_ 3. x.) x I. ♦ ..a ' •-4•.'_,R p o a p' ' '. (\\��'L\`,•� �.1. !yruv..., - —' 78TH STREET I I s ,•r. ' ` .... LEGAL DESCRIPTION, a ' 0R-A 1w Halt, I I 'I ••r . Y .^• : • 1 « '• ••. � � LASE.L 'S ARE S.D. IW! TWINHOME •• .l ,)• ,:,� ., w�,. ". yMrnit M • xf t•.�y ��t:. a,µii I •' i, r .. .�.., ,t"-"'•,,: •,«.. ..�`�",•�."_ •�, _ '.'.• CERTIFICATION 1•' ' tr tom: t, _-,. _L_ Nf � ,w N(•, i. n. • `�i�el •..I,i .t.(Yw :t..,. tr•. u.. :w ..w �, w•w.• . (.... w-...w. ,L,... w..........1.... .n.... M(', a �. .1� !i.lt • t +. o.f '.. .(a .:t :• www..J.. 1116RUD A BONG. INC. .... ..«. .. i�«.. w.....�: t.�. ....., .�. ... t rt w t .. .v. c .•......( n. (..v�« ..-....Jt L�,�.—_.a.'L __- r _, f: - __- t�s,a,n.>�,,:�.a �jrj EXHIBIT B - PRELIMINARY PLAT 1 UC Z il \ N�' il!a s I ejq I d1 ------------------- �.so.sr.sax - --- I I-------- ' I I ----- 1 ' 71\ L��„y �n Vil\C� � JI I � gib• Ca Q /� / -> /�. ) ( I / It I I 11 -1 r-�- ' � •t \ h' _ J.� � �� I---___� Q I � � it II (r / ♦\♦ 1 10 Ift i of 00 co f-U6L v — — �- —' --' ., i � n • . . . . � , a: vii I -- ce"ossl — — — — ------------------ - ---------------------- --------------------------------I --------- I I I I i EXHIBIT 6 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA Applicant's Name: Ulmer Construction, Inc. 5-16-00 Final Plat Findings of Fact & Decision Request: Request for an amendment of the final plat approval of Prairie Creek 3`d Addition to allow development to occur in two stages. The first stage to be final platted as part of this amendment consists of 39 single family residential lots. City Council Meeting Date: 22 May 2000 Findings of Fact: Based upon review of the application, the City Council of the City of Otsego now makes the following findings of fact: 1. The legal description of the property is as Outlot B of Prairie Creek. 2. The property lies within the Sanitary Sewer Service District and is guided for low density residential land use by the 1998 Comprehensive Plan Update. 3. The property is zoned R-4, Residential - Urban Single Family District Service District; single family uses are a permitted use within said District. 4. The R-4 District requires a minimum lot size of 12,000 sq. ft. and minimum lot width of 75 feet, measured at the front setback line. All of the lots within the final plat conform with these minimum requirements. 5. The Prairie Creek Preliminary Plat was approved by the Otsego City Council on 14 June 1999. 6. The Prairie Creek 3`d Addition Final Plat, consisting of 74 single family lots, was approved by the Otsego City Council on April 10, 2000. 7. The requested amendment to the Prairie Creek 3`d Addition Final Plat proposes a two phase build -out of the project, with the first phase consisting of 39 single family lots and the second having 35 single family lots. 8. The planning reports dated 4 April 2000 and 16 May 2000 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 9. The engineering review dated 7 April 2000 prepared by the City Engineer, Hakason Anderson Associates, Inc. is incorporated herein. 10. The final plat application is processed in accordance with the provisions of Section 21-3-3 of the Subdivision Ordinance. EXHIBIT C Decision: Based on the foregoing information and applicable ordinances, the requested amendment of the Prairie Creek 31d Addition Final Plat is hereby approved based on the most current plan and information received to date, subject to the following conditions: 1. The final plat is revised to provide an outlot in the area to be developed as the second phase of this final plat. 2. The applicant pay cash fees in lieu of land in satisfaction of park and trail dedication requirements equal to $1,075 per lot or $41,925. 3. All construction plans, grading and drainage plans, easements and utilities are subject to review and approval of the City Engineer. 4. The applicant shall enter into a development contract with the City and post all required securities and pay all applicable fees, subject to review and approval of the City Attorney. PASSED by the Otsego City Council this 22nd day of May, 2000. Attest: CITY OF OTSEGO By: Larry Fournier, Mayor Elaine Beatty, Zoning Administrator/City Clerk 2 12 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTVIENT: PREPARED BY: 7. Larry Koshak, City Engineer: Elaine Beatty, City Clerk'Zoning Adm. l�iay 22, 2000 - 6:30PtiI ITEM NUMBER: ITEM DESCRIPTION: 7.1. Discussion of new Utility Franchise Applications 7.2. Any Other Engineering Business BACKGROUND: 7.1. See attached Memo from tilike Robertson. Mike and Larry Koshak will both be present to discuss this item. 7.2. This is for any other Engineering Business that may arise. RECO-N-V IENDATION: This is for Council discussion to provide staff direction. Thanks, Elaine MEMO Date: May 17, 2000 To: Mayor & Council From: City Administrator Mike Robertson Re: Discussion of new utility franchises in Otsego In the past few months the City Engineer and I have received several contacts from companies who would like to place their utilities in Otsego in competition with existing utilities. So far, these contacts have been from two telephone companies and one gas company. We have been attempting to obtain information from these companies on how and where they propose to provide service to Otsego. The primary concern of staff on this issue has been from preventing the right-of-way from being continually dug up and disrupted. The City Engineer and I would like to discuss this issue with Council and determine how to proceed. cc: City staff fmchse.wps k1i CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: �-IEETING DATE: DEPARTMENT: PREPARED BY: 8. Andrew MacArthur, City Attorney Elaine Beatty, City Clerk -/Zoning Adm. May 22, 2000 - 6:30PM ITEM NU1-IBER: ITEM DESCRIPTION 8.1. Consideration of Amendment of ISTS Ordinance per State Regulations (Continued from April 24, and May 8, 2000 Agendas) 8.2. Discussion of Water and Sewer Ordinance. 8.3. See No. 4.A. 1. Above under Special Presentation 8.4. HEARING for Christopher M. Bulow and Linda Bulow for Vintage Golf Course, Inc. for New Application for On -Sale Non -Intoxicating Malt Liquor License and On -Sale Wine License ( They are requesting a Strong Beer License if the other two are approved) 8.5. Any Other Legal Business BACKGROUND: Andy Mac Arthur will be present for comments and information. 8.1. See attached information. 8.2 See attached information. 8.3. Andy will want to comment on this item under Special Presentation. 8.4. See attached information for these new Liquor Licenses to be considered for approval or denial. This is a Hearing that has been noticed. 8.5. This item is for any other legal business that may arise. RECON-, EVIENDATI0N: This is for Council consideration and approval Thanks, Elaine /16 716.1 Purpose and Intent i The purpose of the Sewage and Wastewater Treatment and Disposal Standards shall be t minimum standards for and regulation of individual sewage treatment systems ISTS and provide disposal including the proper location, design, construction, operation, maintenanceand repair to protect surface water and groundwater from contamination by human sewage and water epair to household and commercial waste; to protect the public's health and safety, and eliminate or rev borne development of public nuisances pursuant to the authority granted under Minnesota Statues Chant the 115 and 145A and Minnesota Rules Chapter 7080 as amended that may eters wastewater treatment. y pertain to sewage and 716.2 General Provisions (1) Standards adopted by reference. The County hereby adopts, by this reference, Minnesota Rules Chapter 7080 and Minnesota Statutes Section 115.55, along with any future amendments. (2) Permits. No person shall install, alter, repair or extend any individual sewage treatments stem in Wright County without first applying for and obtaining a permit from the Environmental Health Office (EHO) and at the same time paying a fee as listed in the fee schedule determined by the County Board of Commissioners. Maintaining the system as originally designed and installed is excluded from the previous requirements. Staff will notify the permittee of an incomplete application, when the requirements are met a permit will be issued. Such permit shall be valid for a period of twelve (12) months from the date of issuance. A full design must be submitted before a permit for new construction is approved. When weather does not allow a full site evaluation to be completed, a design of the worst case scenario shall be submitted. Worst case scenario shall be a mound system, septic tank(s) and lift station. If Wright County Soil Survey is consulted and research of neighboring systems indicates that an in ground system is appropriate, that may be designed. Verification is required when weather permits. (3) Inspections. The permittee shall notify the EHO prior to the completion and covering of the ISTS. The installation and construction of the ISTS shall be in accordance with the permit requirements and application design. Inspections will be made at least once during the construction of the ISTS at such time to assure that the system has been constructed per submitted and approved design. (a) No part of the system shall be covered until it has been inspected and accepted by the Inspector unless prior arrangements have been made. (b) Proposals to alter the permitted construction shall be reviewed and the proposed change accepted in writing by both the designer and the EHO. (c) It shall be the responsibility of the property owner or authorized agent to notify the - Inspector on the workday preceding the day inspection is desired. (d) If proper notice is given and the Inspector does not appear for an inspection within two hours after the time is set, the permittee may complete the installation. The permittee shall then file a signed As -Built, including photographs of the system prior to covering, with the EHO within five working days.. The As -Built shall include a certified statement that the work was installed in accordance with submitted design and permit conditions 122 ana mat it was free from defects. (e) Upon satisfactory completion and final inspection of the system the Inspector shall issue a Certificate of Compliance. If upon inspection the Inspector discovers that any part of the system is not constructed in accordance with the minimum standards provided in this Ordinance, the Inspector shall give the applicant written notification describing the defects. The applicant shall be responsible for the correction or elimination of all defects, and no system shall be placed or replaced in service until all defects have been corrected or eliminated. (4) Neither the issuance of a permit nor the inspection of a system shall constitute any warranty or guarantee of operation of the system. (5) Existing System Compliance Inspections. An ISTS shall require a compliance inspection when any one of the following conditions occur: (a) Any time that a permit is applied for in a Shoreland Management Area (1000 feet of a lake, pond or flowage; or 300 feet of a river or stream or the landward extent of a floodplain). (b) No owner of a tract of land on which a dwelling is located, or tract of land on which a structure which is required to have an ISTS is located, shall sell or transfer to another party said tract of land unless requirements as stated in the Wright County Point of Sale Certification Ordinance for On -Site Septic Systems are met. (c) Addition of a bedroom on the property, or variance issued in accordance with Minnesota Rules Chapter 7080.0305 Subp. 3 (General Requirements for Local Units of Government). If a request for an additional bedroom or variance is received between November 1 and April 30 the County may issue a permit or variance immediately with the requirement that a compliance inspection be completed by the following June 1 and the applicant submits a certificate of compliance by the following September 30. If a system constructed between May 27, 1989 and January 23, 1996 does not comply with applicable requirements, and is not an imminent public health threat, a property owner applying for a zoning permit to construct a bedroom addition has five years from the date of issuance of such zoning permit to bring the system into compliance. (d) If an existing system (constructed prior to April 1, 1996) is not an immediate public health threat, the tank is watertight and provides at least two feet of soil separation, the system need not be upgraded, repaired or replaced or its use discontinued, as long the system is not located in the shoreland area, wellhead protection areas (200 feet from any public water supply well, that is any well serving 25 persons or more for sixty days of the year) and serving food/beverage/lodging facilities. The three foot rule applies in those circumstances. (e) Certificates of Compliance or Notices of Noncompliance shall be issued on the Minnesota Pollution Control Agency's Inspection Form for Existing Septic Systems. Copies shall be provided to the property owner and County within 30 days. (6) Failing septic systems must be properly abandoned according to part 7080.0176 within the 123 following time frames.- (a) rames: (a) A failing ISTS shall be upgraded, replaced or its use discontinued within one (1) year. The Environmental Health Office will give consideration to weather conditions as it establishes compliance dates. (b) An ISTS posing an imminent threat to public health or safety shall be abated within 10 days of notice. The system shall be upgraded, replaced, or repaired or its use discontinued, within 6 months. (7) License requirements. No person shall engage in the evaluation, inspection, design, installation, construction, alteration, extension, repair, maintenance or pumping of on-site individual sewage treatment systems without first obtaining a license to perform such tasks from the Minnesota Pollution Control Agency, except as provided under part 7080.0700, subpart 1. An individual may be permitted to install or repair an ISTS on their own property if the system is designed by a licensed Designer and said Designer oversees their work. Pressurized systems cannot be constructed by anyone other than a licensed installer. (8) Additional soil treatment area requirements. On lots created after January 23, 1996, the system design shall include at least one designated additional soil treatment area which can support a standard soil treatment system. (9) Holding Tanks (a) Holding tanks shall not be used as a sanitary system for new residential construction or for improvements greater than 50% of the assessed value of the structure at the time of the application for the improvement. Subsequent improvements shall count towards the 50% value limit for improvement. (b) Holding tanks shall only be used as a corrective action for sewage disposal for pre- existing uses when a standard treatment system cannot be installed. (c) Undeveloped lots of record on which a holding tank is the only practical means of sewage disposal are unsuitable for residential use. (d) Holding tanks shall not be installed on undeveloped lots of record for recreational uses unless the lot has been found to be suitable for a dwelling and can support a full septic system. (e) Holding tanks must have a visual or audio alarm for the prevention of overflow. 716.3 Standard systems shall take priority for new construction and on upgrades where those systems can be reasonably installed.* Systems classified as other, performance, and/or experimental shall meet the requirements of Chapter 7080. Warrantied systems are allowed if sized according to Tables 1 and 2. If a non-standard system is installed on a site where more than one sewer site is available and a standard system could be installed, a design for a standard system must also be included and that site must be reserved for that sewer. *Standard systems shall be defined as systems constructed in unaltered soils and are drainfields, Dressure beds, at -grades, and mounds 124 716.4 Site Evaluation and Design Requirements (1) Chapter 7080 must be followed. (2) A minimum of two soil borings are to be conducted within the primary treatment area and one soil boring in the secondary treatment area. (3) The larger soil sizing factor must be used when there is a discrepancy between the soil texture and percolation test or a justification for a smaller sizing shall be submitted with the design report. (4) Include the percent and direction of slope on site evaluations along with elevations of the trenches, corners of the pressure bed or rock bed of the mound. Table 1 Septic Tank Requirements Garbage Lift in Basement* Lift and Disposal Bedrooms Gravity Disposal (with Split Tank) (with Split Tank) (with Split Tank) 2-4 1250 1500 1500* 2000 5-6 1500 2250 1500* 3000 7-9 2000 3000 2000* 4000 * Dosing volume has to be 1 % or less of first compartment. If dosing volume exceeds I% and is not over 5%, tank capacity must be 2000 gallons split for 2 to 4 bedrooms, 3000 gallons split for 5 to 6 bedrooms and 4000 gallons split for 7 to 9 bedrooms. Capacity can be achieved with multiple S. (5) At minimum a 1000 gallon pump tank is needed for lifting the effluent to the soil treatment area. The EHO may make exceptions to this provision for upgrades on existing lots of record/platted lots. (6) All mounds/pressurized systems require a minimum of a compartmented tank before the pump tank. Table 2 Drainfield Sizing Bedrooms 0.83 1.27 1.67 2.00 1 2.20 2 600 600 600 600 660 3 700 800 800 900 990 4 800 900 1002 1200 1320 5 900 1000 1253 1500 1650 (7) Trenches designed to have twelve inches of rock under the distribution pipe shall be sized according the above chart. (8) Mound systems are to be sized at 1.0 sq.ft./GPD. (9) All mounds shall have at least 3 laterals to distribute the effluent more evenly. (10) Mounds must have a vertical inspection pipe of at least four inches in diameter. 125 Table 3 Minimum Setback Distances (Feet) Sewage Soil Treatment Building or or Absorption Sewer or Holding Area Supply Tank Pipes Water Supply Wells* 50 50 50** (50 feet of continuous casing or encountering 10 feet of impervious material) Water Supply Wells* 50 100 50** (less than 50 feet of continuous casing) Buried water suction pipe* 50 50 50** Buried pipe distributing water under pressure* 10 10 10 _ Buildings*** 10 20 - Property Lines**** 10 10 - Subsurface drainage systems such as field tile lines 50 50 - Surface drainage systems such as open ditches 30 30 - The ordinary high water mark of the following types of lakes: Natural Environmental Lakes and 150 150 - - sitional River Segments (North Fork of the Crow) eational Development Lakes, 75 75 - Mississippi River, Agricultural Rivers and Tributaries as defined in Section 612.4 general Development Lakes 50 50 - A public water wetlands as defined by 50 50 - ilinnesota Statutes, Section 103G.005, Subd. 15a or successor statute Setbacks from buried water pipes and water supply well as governed by Minnesota Rules, Chapters 4715 and 4725, respectively. ** The setback can be reduced from 50 to 20 feet if the building sewer or supply pipe is air tested by holding 5 pounds of air pressure for 15 minutes. `** These setbacks may be reduced if necessary due to site conditions (as determined by the EHO), but in no case shall any part of the individual sewage treatment system be located under or within the structure. In no case shall a sewage tank be located less than three feet from a footing or an absorption area less than ten feet from an occupied building. **** These setbacks may be reduced if necessary due to site conditions (as determined by the EHO). Infringement on property line setbacks requires written permission from affected property owner(s) using Wright County's Property Line Administrative Form, written agreement on location of property lines between affected parties and approval by the EHO. 716.5 Setbacks and Placement of Building Sewer (1) The building sewer pipe extending from the house to the tank shall not be less than four (4) inches in diameter and must meet the strength requirements of Schedule 40 plastic pipe. The pipe shall be supported in such manner so that there is no deflection during backfilling 126 and subsequent settling of the soil between the building foundation and the inlet to the septic minimum grades as recommended by the Minnesota Pollution Conttank. Construction of the line shall provide a grade of not less than rol Agency. No 90 1/8 inch per foot for degree ells shall be permitted, and where the direction of the sewer is changed in excess of 22 1/2 degrees accessible cleanouts shall be provided. (2) The sewer pipe extending from the tank to the distribution medium must meet the strength requirements of Schedule 40 plastic pipe. Sewer pipe lines, manholes and other appurtenances shall be constructed in accordance with the State Plumbing Code and Minnesota Pollution Control Agency requirements. 716.6 Septage Disposal. See Section 770.8 Item 6 -Land Application of Septage. 716.7 Enforcement (1) Any person who violates any of the provisions of this Ordinance or who makes any false statement on a Certificate of Compliance, shall be guilty of a misdemeanor, punishable by imprisonment or a fine or both as defined by law. (2) In the event of a violation of this Ordinance, in addition to the other remedies, the County Attorney may institute appropriate actions or proceedings to prevent, restrain, correct or abate such violations. 716.8 Subject to Change The requirements of this Ordinance are intended to be comparable to the Environmental Protection Agency and Minnesota Pollution Control Agency standards. Should this Ordinance differ from other agency standards or should EPA or MPCA standards change, the more strict standards shall apply. 71�. DWELLING UNITS PROHIBITED No garage, tent, trailer, motor home, accessory building, nor any vehicle or building not specifically approved by the Building Inspector shall at anytime be used as a dwelling. The basement portion of finished home or apartment may be used for normal eating and sleeping purposes provided it is properly damp -proofed, has suitable fire protection and exits, and is otherwise approved by the Building Inspector. One travel trailer or motor home (not to include mobile homes nor park trailers) is permitted for seasonal use on any lot provided that the following conditions are met: (1) Only one such unit is allowed per lot. (2) Sewage must be properly treated or hauled away. On lots which have been declared by the Board of Adjustment to be unacceptable as a building site, the unit shall have a self- contained holding tank and sewage shall be hauled away for treatment and disposal. (3) The travel trailer is for guests or recreational use only. It may not be occupied on any lot for more than 90 days in any one year. (4) The unit must have a current license attached in accord with state law. (5) Placement of the unit shall comply with all setback requirements for a principal structure. 127 Date: To. From: Re. MEMO May 18, 2000 Mayor & Council City Administrator Mike Robertson Water & Sewer Ordinance The changes to the water and sewer ordinance are not completed. The work will be done and it will be placed on the agenda for the next Council meeting on June 12, 2000. Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar St., Suite 133, St. Paul, MN 55101-5133 (651)296-6434 FAX(651)297-5259 TTY (651)282-6555 APPLICATION FOR COUNTYICITY ON -SALE WINE LICENSE (Not to exceed 14% of alcohol by volume) EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a partnership, LLC, a partner shall execute this application. Workers compensation insurance company. Name Policy # 0 310 D O c 55-1 o o LICENSEE'S SALES & USE TAX ID # L4 5,-2Toapply-for sales tax #, call 296-6181 or 1-800-657-3777 Ap licants Name(Business, Partnership, LLC o ®ratio DOB Social Security # Trade Name or DBA i n i PtGsE 6rOLF R - 1 1 Sa >- ----- Business Address Business Phone Applicant's Home Phone 104LA 9S+) cS+- ).ice I Iq-01$5 (7(. 4L41- 222-5 City County State Zip Code 1 CELL0 \a'W543 (o 2 - Is this application Is If a transfer, give name of former owner License period ew or a Transfer I I From ZJ u\,,.l l ZDd D To 1'i If a corporation, give name, title, address and date of birth of each officer. If a partnership,LLC, give name, address and date of birth of each partner. Partner/Officer Name and title - , Address oi5relso, rnr� Social Security # DOB i ci-�f1sTDPti��z-. rn . ����vJ �tes►� �- �c� t�PrPtf�tf�V�l�`c, �11i-go-Iss3 1a-ag-lis Partner/Officer Name and Title ss Social Security # DOB tld$Uct kitw} Pr�s1�Gr,4- tddr 0 _cn 41.01 -Is -.50-1 -1 Partner/Officer Name and Title Address Social Security # DOB gier/Officer Name and Title Address 1 Social Security # DOB CORPORATIONS Date of incorporation State of incorporation Certificate Numher is rporation authorized to do business in Minnesota? -1—a —9 01 M t lJ 4 ES0-1-n Yes No If a subsidiary of another corporation, give name and address of parent corporation BUILDING AND RESTAURANT Name of building owner Owner's address G-} Q is o r c_., AbA 9JL0xJ a APA �- A4 E_ fl) & ZYrs ;950 ) mA A. Ss33Fz) Are Property Taxes delinquent? Has the building owner connection, direct or indirect, Restaurant seating capacity Yes N with the applicant? Yes No Hours food will be available No. of people restaurant employs No. of months per year restaurant Will food service be the principle business? rn will be open Yes : o Describe the premises to be licensed C�fl LF-- CO -LP -6 E - CIL,-VD 41Z)L4 S e> If the restaurant is in conjunction with another business(resort etc.), describe business (10� CC1,lYS�� OTHER INFORMATION Yes 0 1. Has the applicant or associates been granted an on -sale non -intoxicating malt beverage (3.2) and/or a "set- up" license in conjunction with this wine license? Yes No 2. Is the applicant or any of the associates in this application a member of the county board or the city council which will issue this license? If yes, in what capacity? • (If the applicant is the spouse of a member of the governing body, or another family relationship exists, the member shall not vote on this application.) Yes No 3. During the past license year, has a summons been issued under the liquor civil hability(Dram Shop) (M.S. 340A.802). If yes, attach a copy of the summons. NO LICENSE WILL BE APPROVED OR RELEASED UNTIL. THE S20 RETAILER ID CARD FEE IS RECEIVED. Yes No 4. Has applicant, partners, officers or employees ever had any liquor law violations in Minnesota or elsewhere. If so, give names, dates, violations and final outcome. les No 5. Does any person other than the applicants, have any right, title or interest in the furniture, fixtures or equipment in the licensed premises? If yes, give names and details. Yes No 6. Have the applicants any interests, directly or indirectly, in any other liquor establishments in Minnesota? If yes, give name and address of the establishment. I CERTIFY THAT I HAVE READ THE ABOVE; QUESTIONS AND THAT XHZj ANSWERS ARE TRUE AND CORRECT TO M THE BEST OF Y OWN KNOWLEDGE. V i Ar�yl of � 0 � - f'� "moi' ` QO —OD Signature of Applicant Date The licensee must have one of the following: Check one A. Liability Insurance (Dram Shop) $50,000 per person; $100,000 more than one person; $10,000 property destruction; $50,000 and $100,000 for loss of means of support. ATTACH "CERTIFICATE OF INSURANCE" TO THIS FORM. B. A Surety bond from a surety company with minimum coverage as specified above in A. C. A certificate from the State Treasurer that the Licensee has deposited with the State, Trust Funds having a market value of $100,000 or $100,000 in cash or securities. IF LICENSE IS ISSUED BY THE COUNTY BOARD, REPORT OF COUNTY ATTORNEY Yes No I certify that to the best of my knowledge the applicants named above are eligible to be licensed. If no, state reason. Signature County Attorney County Date REPORT BY POLICE OR SHERIFF'S DEPARTMENT This is to certify that the applicant and the associates, named herein have not been convicted within the past five years for any violation oaf of the ntae esota� Municipal or County Ordinances relating to Intoxicating Liquor, except as follows Title Department Name L IPORTANI' NOTICE ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL "VAMP. THIS STAMP IS ISSUED BY THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS. FOR INFORMATION, CALL (61'2)290-3496 (PS 9114-98) L5" Cam `-' - '4 - w`.\1 Z� 0-�' CITY OF OTSEGO COUNTY OF WRIGHT Notice of a Public Hearings to be held before the Otsego City Council for the purpose of considering the following Liquor Licenses: New Application for an ON - SALE Non -Intoxicating Malt Liquor License and ON - SALE Wine License as follows: ** Applicant: Christopher M. Bulow, President Linda Bulow, Vice President 9380 Napier Ave. NE Elk River, MN. 55330 for: Vintage Golf Course, Inc. 10444 - 95TH ST NE Monticello (Otsego), MN. 55362 ** These are NEW Liquor Licenses for consideration of approval. They are also requesting to serve Strong Beer whenfif these licenses are obtained. This Hearing will be held at the City of Otsego Council Meeting at 8899 Nashua Avenue NE, Otsego, IVfN 55330 at 6:30PM on May 22, 2000, or as soon thereafter as time permits to consider the above application for licenses for either acceptance or denial. All interested parties wishing to be heard either in favor or opposition to these Liquor License requests will be heard at this time and questions will be answered. If you would like further information, please call Otsego at 441-4414 in advance of this meeting. CITY OF OTSEGO: Elaine Beatty, Clerk/ rung M. Dated and Posted: May 9, 2000 2 -Boards, Otsego City Hall c }2�41� Published: May 17, 2000 -ELK RIVER STARNEtiVS �C Council Hearing: May 22, 2000 - 6:30P�I File. HEARIArPS d Z W U) cc 2M � U.� 7, Jmj� Q � N Oair(D 0 x W J /rt W V `_Z CL vj ase,ulggtow O LO �V) > Z craf Y � W W LL CC OJ Y W Z m c W O Sold To f � a 1 <' U z Address n s ¢ I f a • city 1 t j Z Sold BY Cash j C.O.D. Chars 1 N j w j � �' • • w 1 ru a is _ ,..:.. Y 1Lna 0 w f a i Y 1 cc m '% d rM w O Ir Irw 0 O O Lo 2 ' ;y l w O w � O w r Y O � U An •,'i t n4 tato 9ooCs MUST Ce a[[ompan thu bJl. Bec'd. Y I - :=4441 • ..r-��� Ret'd. I .:r Thank You E) lOc WY (www] -OF &MRN Customer's Order No. Phone No. s a Sold To f � a 1 <' U z Address n s ¢ I f a • city 1 t j Z Sold BY Cash j C.O.D. Chars 1 N j w j � �' • • w 1 ru a is _ ,..:.. Y 1Lna 0 w f a i Y 1 cc m '% d rM w O Ir Irw 0 O O Lo 2 ' ;y l w O w � O w r Y O � U An •,'i t n4 tato 9ooCs MUST Ce a[[ompan thu bJl. Bec'd. Y I - :=4441 • ..r-��� Ret'd. I .:r Thank You E) lOc CITY OF TSEGO 4899 Nashua Avenue N.E. ON THE GREAT RIVER ROAD Elk River, MN 55330 (612) 441-4414 Fax: (612) 441-8823 May 9, 2000 Sheriff Donald Hozempa Wright County Government Center 10 NW 2.N -D Street Buffalo, Minnesota 55313 RE: NEW LIQUOR LICENSES (WINE AID NON_ INTOXICATLNI G LIQUOR FOR: CHRISTOPHER M. BULOW AND LINDA BTJT.OW FOR VINTAGE GOLF COURSE, INC. Dear Don: Enclosed is an application for the above for your office to please check out with a background information review. Note that Mrs. Bulow had Sherburne County Sheriffs Office sign also. Please sign above them on the line created. Please sign the enclosed license application if you find it is acceptable. Thank you for your help with this matter. The Hearing at Otsego City Council Meeting is scheduled for May 22, 2000 at 6:30PM. Sincerely, CITY OF OTSEGO rc- -�� /�- � Elaine Beatty, City Clerk/Zoning Administrator eb Enclosures -06 d DEPARTMENT OF PUBLIC SAFETY �J`` Liquor Control Division CARO NUMBER 444 Cedar StJSuite 100L St. Paul, MN 55101-2156 Phone 612/296-6159 TDD 612/282-6555 APPLICATION FOR RETAILER'S (BUYER) CARD FOR LIQUOR OR WINE (Office use Only) FEE $20.00 ISSUING AUTHORITY TYPE CODE BUYER'S CARD EXPIRES IDEN. NO. PRINT NAME OF LICENSEE (AS SHOWN ON LICENSE) BUSINESS NAME (DBA) CNESSAD ADDRESS LIti1i�►4 C3u NJInTf c-re GOLF- CAUQSE, �C BUSINESS ADDRESS COUNTY BUSINESS PHONE I o4 �y �5+� 5-�-• � �, Wim► (���-� ��- Dl�s ITY. STATE, ZIP CODE AUTHORIZED SIGNATURE 1 (`tom n T t e E i,LO IYl h . 55 (62- PS 2PS 9135 (3,95) 5/18/99 - Page 1 - Revised CITY OF OTSEGO LIQUOR LICENSE APPLICATION BACKGROUND INFORMATION REQUEST NAME OF Q APPLICANT: E)ULOW C�SToPt}�2- _ (Yl►LJ\G o (Last) (First) (Middle) ADDRESS: g320 � 1rP I tg_ "E tV E OTS` so r n . 55330 PHONF,NUMBER: Work: ( 11) 149 - O 1$ 5 Home:_( 7(n3) 4el1-aQa9 Previous ad ess, if less than 5 years at present residence: gglplp fP6tA" OT5?-ft ,mn•S533o Address or legal description of the apply-- O N 4 4 q Sth S_} - which the liquor license will Are you under 21 years of age?_Date of Birth: 1 c� - A- b 5 Are you prevented from lawfully becoming employed in this Country because of visa or Immigration Status? YES NO Name of present employer: ClLJDW% 7:1:N b ADDRESS: 9396 MftP) Have you ever been convicted of a crime other than minor traffic violations? If yes, please explain: YES XNO Have you been convicted of any willful violation of law relating to the manufacture, sale, or possession for sale of intoxicating liquor within the last 5 years? YES XNO if yes, when Where? Do you have any interest, directly or indirectly, in another retail liquor store in the City of Otsego or Wright County either as a proprietor, partner, or corporate stockholder? _YES XNO, if yes, what entity? Have you, within the last five years, had an interest, either as a holder of 5 percent or more of the capital stock of a corporate licensee, a partner in a partnership, firm, association, enterprise, business, or otherwise, which has had a liquor license revoked? When? YES X NO If yes, name entity: Have you held a liquor license before? YES ( NO If yes, Where? When'? OTSEGO LIQUOR LICENSE APPLICATION - PAGE 2 - Have you ever been denied a liquor license? YES X NO If yes, where'? When?_ Have you had a liquor license revolked within the last 5 years? When? Where?— YES XNO If yes, 4tVDo you intend to lease business premises from someone who can obtain a liquor license? _YES ANO If no, please explain Oc- PLEASE CHECK TYPE(S) OF LIQUOR LICENSES) APPLIED FOR _On Sale Liquor License...........................................................................$4,000.00/YR _Temporary On Sale Liquor License.......................................................$ 25.00/DAY _Off Sale Liquor License...........................................................................$ 150.00/YR WineLicense............................................................................................$ 150.00/YR _X_On Sale 3.2 Non -Intoxicating Malt Liquor License .............................$ 75.00/YR _Off Sale 3.2 Non -Intoxicating Malt Liquor License .............................$ 50.00/YR _Temporary 3.2 Non -Intoxicating Malt Liquor.......................................S 25.00/DAY (Indicate number of day(s) and exact date(s) for which temporary 3.2 license is requested:) NUMBER OF DAY(s): DATE(s): I certify that the answers given herein are true and complete to the best of my knowledge and I have not omitted any information. I further understand that false, misleading, or omitted information is this application form may disqualify me form receiving a liquor license or result in an immediate revocation of my liquor license if discovered at a later date. � SIGNATURE OF APPLICANT DATE OF APPLICATION: 4 -.Ac)- o 0 Please remit license application and fee to: Elaine Beatty, City Clerk/Zoning Administrator City of Otsego 8899 Nashua Avenue NE Elk River (Otsego) MN 55330 - Page 3 - CITY OF OTSEGO AUTHORIZATION AND CONSENT FOR RELEASE OF INFORMATION (LIQUOR LICENSE APPLICATION) I, (Name of individual authorizing release) freely and voluntarily authorize the City of Otsego to conduct an investigation to obtain the following information fro the purpose of determining my eligibility for a liquor license as prescribed by Minn. State 340A et seg and Minn Rules 7515.0410 et seg: (a) NAME S I STD P ti W- rYn t 1A L-Oyi (FIRST) (MIDDLE) (LAST) (b) Date of birth: 1 a- — ( S (c) My Driver's License Number: (d) Information from the following individual(s)/orpanization(s): .� R t&KT W mBEjz (o$ Z- UUy 1 P�-t DW4 e2.. -TVt= BA rJJc ot; !_I K-LZ.1 F.2 - y L4 1-1000 (Employer, Former Employe eferenc In accordance with the foregoing, I freely and voluntarily authorize IPA41 N qW, S-ft4LPQQLE (Employer, Former Employer, efe ) to disclose to the City of Otsego information for the purpose of determining my eligibility for a liquor license under Minnesota Law. I understand that the above-mentioned information about me may be protected under State and/or Federal privacy laws or City policy and may not be disclosed without my prior written consent unless otherwise required by law. By signing this consent, I hereby release and forever discharge skw— VaAt , (Employer, Former Employer4jeferen from any and all liability which may accrue to him/her/ it as a result of the release of any information regarding my eligibility for a liquor license, regardless of its accuracy. I also release the City of Otsego from any and all liability for its receipt and use of information and records received pursuant to this consent. I further acknowledge that I have carefully read this release, fully understand its terms and legal significance, and execute it voluntarily. Zpo O Executed this 20 day of PrOy L\ , W_. of individual authorizing release) (Signature of Witness) - Page 4 - The premises herein described are not included within any territory wherein the sale of intoxicating liquor is prohibited by any charter law or ordinance, so far as applicant can ascertain. Applicant hereby agrees to abide and be governed by, all Laws, Rules, Ordinances and regulations, of the United States, and State of Minnesota and of this Municipality, pertaining to the sale of "intoxicating liquor." r1 STATE OF MINNESOTA) ) SS. COUNTY OF WRIGHT ) P (Official Position) qa�D AAfte PAc, A�, OTSS&o ,MtA (Address) being duly sworn, on oath sayl that _he the person who made and signed the foregoing application; That _he has read s'cation and knows the contents thereof, and that the same is true of own knowledge, 9 Subscribed and sworn to before me this ) �k� y of ) . File: LIQ-APPL.WPS UPS RM kVW K P iM My ram "a EV tJrL 31.2005 MINNESOTA WORKERS' COMPENSATION ASSIGNED RISK PLAN Policy Administrator EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Certificate of Insurance This is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued. This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy referred to herein. ISSUED TO NAME AND MAILING ADDRESS OF INSURED AGENT OF RECORD ISSUING DATE CITY OF OTSEGO VINTAGE GOLF COURSE INC DOUG JOHNSON 04/21/00 8899 NASHUA AVE NE PO BOX 506 AGENCY INC OTSEGO MN 55330 ELK RIVER MN 55330 370 JACKSON AVE ELK RIVER MN 55330 Policy Policy Effective Date Expiration Date Type of Insurance Policy Number (MO/DA/YR) (MO/DA/YR) Workers Compensation 0310-00-155700 9/15/1999 9/15/2000 SPECIAL PROVISIONS/LOCATIONS/SPECIFIED AUTOS: `s policy provides coverage for Minnesota Exposure Only. c-ach Accident $100,000/Disease Policy Limit $500,000/Disease Each Employee $100,000 Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy (policies) described above is subject to all of the terms, exclusions and conditions of such policy (policies) during the term(s) thereof. PRODUCER NO. ISSUED AT OFFICE 0929 PO BOX 1357 MPL MINNEAPOLIS MN 55440-1357 (612) 830-1700 Signed: I Authorized Company Representative MINNESOTA WORKERS' COMPENSATION ASSIGNED RISK PLAN Policy Administrator EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Certificate of Insurance This is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued. This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy referred to herein. ISSUED TO NAME AND MAILING ADDRESS OF INSURED AGENT OF RECORD ISSUING DATE CITY OF OTSEGO VINTAGE GOLF COURSE INC DOUG JOHNSON 04/21/00 8899 NASHUA AVE NE PO BOX 506 AGENCY INC OTSEGO MN 55330 ELK RIVER MN 55330 370 JACKSON AVE ELK RIVER MN 55330 Policy Policy Effective Date Expiration Date Type of Insurance Policy Number (MO/DA/YR) (MO/DA/YR) Workers Compensation 0310-00-155700 9/15/1999 9/15/2000 SPECIAL PROVISIONS/LOCATIONS/SPECIFIED AUTOS: s policy provides coverage for Minnesota Exposure Only. tach Accident $100,000/Disease Policy Limit $500,000/Disease Each Employee $100,000 Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy (policies) described above is subject to all of the terms, exclusions and conditions of such policy (policies) during the term(s) thereof. PRODUCER NO. ISSUED AT OFFICE 0929 PO BOX 1357 MPL MINNEAPOLIS MN 55440-1357 (612) 830-1700 Signed: J Authorized Company Representative CLAIMS LIST CITY COUNCIL MEETING May 22, 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 Registers $ 41,803.16* $ 76,379.80 GRAND TOTAL $ 118,182.96 *The Council previously approved the EnComm invoice for $39,478.20. 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 Tuesday, March 07, 2000 Check Summary Register Page 1 of 1 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid ENCOMM $39,478.20 UnPaid GODFATHER'S PIZZA $68.86 UnPaid GONZALES, M EVERETT & FAIRABEL $129.17 UnPaid ICMA RETIREMENT TRUST $614.70 UnPaid LUCAS A. HANSEN $315.00 UnPaid LYNN P. HARTLEY $265.00 UnPaid PUBLIC EMPLOYEES RETIREMENT FD $932.23 Total Checks $41,803.16 CITY OF OTSEGO Check Detail Register Tuesday, March 07, 2000 Page 1 of 1 ............................................................................. Check Amt Invoice Comment :?\\+'•:4J:?JJJiJiiii:JJJi::?iii?iiX.pi}iii:•?:J:•J:v?ve ............................................................ v:.. ..........................................::.v.:v::.:v:.............................................................................. 10100 BANK OF ELK RIVER •.::>,.:,:�J::::>J<:.JJJ:mJ<JJ:�JJ<>J»;:�;Ji:.J:.»,,::;«.:.:::;.:.:-�?;.:.;::::.�:::::::::.Y:::.�::::::.: -.. .... ..,.,,>:?:,JJ?:,.JJaJ:J:J:?;;...::.J:J;a.:?.u'.�.:w«.,.,�,x..�.,.<N..,,.,,•..:•.,,:,,:,,•: e.<::::::::. �::::: <.:•.,:,,,:,,•:::. �:::::::::::..:::: �::::. _::.:::::. � ::.: Unpaid ENCOMM E415-43251-500 Capital Outlay (GENERAL) $39,478.20 Pay #9 Pumphouse Total ENCOMM $39,478.20 -.�:::.�:::.:::.:�:...........................................:.:.,..,:>,:_:»>::>:.:�:tt.>•»:�.:.;>::-i„i: :�:�,.....:.:::.:...--,....::.-:::.:.:,. :::::.:.,,-::::,..,.:..::..:::::.._::.:<.;isi:::??.J,::-.J.r:.............................. Unpaid GODFATHER'S PIZZA E 101-41100-801 CONTINGENCY $68.86 Grand Opening Total GODFATHER'S PIZZA $68.86 ....:.m:x:xawxma,.:uxemJnaxJ�Jx~>r:•:.:.rrawJ:. r.•::«ew»>a.. ..Unpaid,,,:::..........-- ",",–•.............:.—,'—iGONZALES,—Ivi"EVERETT—&-FAI�RABEL „v E 413-43100-310 Miscellaneous $129.17 Refund Rd Assess Total GONZALES, M EVERETT & FAIRABEL $129.17 ................................................. .:.......n...lX-.:........v..: J%...:Y.:r:.:..:.,...,:.x�}JOS:J04:?LS:iv.,...::.:J:tJ'H.J:.:SY.:l.+.r.....v,..:...:r.r...v.....v.{.,J. Unpaid ICv1A RETIREMENT TRUST G 101-21705 Other Retirement $412.78 PPE E 101-41400-121 PERA $201.92 PPE Total ICMA RETIREMENT TRUST $614.70 .....................................................:::.JJ<: ?Jiiiiii:” ::::::.. r::.:.:t:.'-ii-:::: S4JJ:SKSVJJ Y:: }:p---: --: .:.. .C?4?JJ ':::.. . .... :::.....:.:.•..... ..,................,......... Unpaid LUCAS'A. HANSEN a . F�« x...., t...,.::<.:;.::.:>::.:::.::.:.:J:t?.iJ :.:t x.K::::--::• G 101-21803 DAMAGE DEPOSIT PAYABLE $400.00 Damage Dep Ref R101-38992 CITY HALL RENT ($85.00) Less Bldg Sup Hrs Total LUCAS A. HANSEN $315.00 Unpaid .; ......................_.....,...... ........... ,,,,,>.,.>..,,.,.:,...,.v:........:........::....,........................................................................................... LYNN P. HARTLEY G 101-21803 DAMAGE DEPOSIT PAYABLE $400.00 Damage Dep Ref R101-38992 CITY HALL RENT ($135.00) Less Bldg Sup Hrs Total LYNN P. HARTLEY $265.00 .....:J,.:J,•J,•:,:•<,�.•..•:<:<J•Jv,..�:<J.K.v..•::.:v:::.,.::::::::.::::::.:::::::._::::::::.:::::::-:::::::::.:�::::::•:::::::::::::i;;,i;>i>„J>..,,.,:.v..,M-f.:.:... „- ,... ,.,:.:.: ,_:.:::: ,.:JJJJJ..JJJ.:J,:a: ::.v::,w....•• ......... f.'.A,..M.JJM.J.vW}:SJJNJJ.'.:':.:>:+Ji.......: i.......::J:J:yJ::.J: J:” Unpaid PUBLIC EMPLOYEES RETIREMENT FD G 101-21704 PERA $445.92 PPE E 101-43100-121 PERA $214.09 PPE E 101-41400-121 PERA $199.70 PPE E 101-41550-121 PERA $72.52 PPE Total PUBLIC EMPLOYEES RETIREMENT FD $932.23 10100 BANK OF ELK RIVER $41.803.16 CITY OF OTSEGO Wednesday, March 08, 2000 Check Summary Register Page 1 of 1 Total Checks $76,379.80 Name Check Date Check Amt 10100 BANK OF ELK RIVER \ UnPaid AFFORDABLE SANITATION $114.63 UnPaid AIRGAS, INC. $12.29 UnPaid AT&T $75.72 UnPaid BERLIN TIRE CENTER, INC $234.94 UnPaid BOISE CASCADE OFFICE PRODUCTS $135.80 UnPaid BREZE INDUSTRIES $31.95 UnPaid CROW RIVER FARM EQUIPMENT $302.61 UnPaid DJ'S TOTAL HOME CENTER $38.39 UnPaid DON'S BAKERY $46.96 UnPaid ELK RIVER PRINTING & PARTY PLU $50.06 UnPaid ELLISON EQUIPMENT CO. $4,313.25 UnPaid EVERGREEN LAND SERVICES CO $100.00 UnPaid FIRST STATE TIRE RECYCLING $1,573.00 UnPaid G & K TEXTILE LEASING SYSTEM $414.41 UnPaid GROEN GARY CPA $875.00 UnPaid H G WEBER OIL COMPANY $1,640.20 UnPaid HAKANSON ANDERSON ASSOC INC $40,779.82 UnPaid HARLEN BASK $349.00 UnPaid I.S.D. 728 $3,707.50 UnPaid LAWN QUENCHERS $8,535.40 UnPaid LITTLE FALLS MACHINE $219.96 UnPaid MAMA $16.00 UnPaid MINNESOTA LIFE $62.70 UnPaid NORTHWEST ASSOC CONSULTANTS $6,002.85 UnPaid ONRAMP, INC $39.95 UnPaid OSI ENVIRONMENTAL, IN OLD 1 $100.00 UnPaid PRINCIPAL FINANCIAL GROUP $268.70 UnPaid RMR SERVICES, INC. $5,004.44 UnPaid SOFTRONICS $87.50 UnPaid SUPERIOR SERVICES $460.00 UnPaid WASTE MANAGEMENT $112.50 UnPaid WRIGHT COUNTY HIGHWAY DEPT $615.77 UnPaid WRIGHT COUNTY RECORDER $r,A 5n Total Checks $76,379.80 CITY OF OTSEGO Wednesday, March 08, 2000 Check Detail Register Page 1 of 4 :?:• Check Amt Invoice Comment ................................................................................. :>::::- ::. �:: ... ................. ..................... .. ..,•:. �. ...... ... x.>. �. .... ...... �:,.ire:i2.}X:::�•.`•F:::#:i:;;:iii#:::2.a:ii .,....... ,.....:::i&k'.. .<....... 10100 BANK OF ELK RIVER Unpaid AFFORDABLE SANITATION E201-45000-410 Rentals (GENERAL) $114.63 5071 May Rental Total AFFORDABLE SANITATION $114.63 AIRGAS, INC. E101-43100-210 Operating Supplies (GENERAL) $12.29 105358866 Rental Total AIRGAS, INC. $12.29 ......................,::,v::: :•::.v :v:::.v::.vnv::.v:: �:::?????i: }: iiiiiiii:•: � i:«9:??i?iii:..................,....................:.....,!N.K,{:h.}]t•]h. h.:\\Q.v.::::::::::::::..,..........:...................1...,%M ...................... UnPaid AT&T E 101-41400-320 Telephone $75.72 Phone Use Total AT&T $75.72 Unpaid BERLIN TIRE CENTER, INC— E101-43100-220 NC E101-43100-220 Repair/Maint Supply (GENERAL) $39.00 1261490 Case Tractor E 101-43100-220 Repair/Maint Supply (GENERAL) $195.94 1262492 Pup Trailer Total BERLIN TIRE CENTER, INC $234.94 UnPaid BOISE CASCADE OFFICE PRODUCTS E101-41400-203 Supplies -General $135.80 604468 Office Supplies Total BOISE CASCADE OFFICE PRODUCTS $135.80 ..n•......,,...n.n...,.4????\i???:<.%.\.:i:::::::<:<:«{<.::: U .:::. «:::: <::.v: nv +,,,vn n. .e: v,. x,.......,»,» ., .................................. .v:nP.v::::::: .. ..... •-. .• .•. . IN... .....-X. }:J;.:.:<JT:•i::<<:.iiv: vl.Li. n.•»• ••••.\MN:»WNAX�NMfMVY3'w'NMFtihvM[?,:{i.- aid BREZE DUSTRIES E 101-41400-371 Clean Up Day $31.95 7338 Clean Up Day Total BREZE INDUSTRIES $31.95 tiX?'•:ti:•????%^NS<9fC(SW]G:«•???T<•????T:: T??::XT???:««::?isO:i:<O::.i::.isJXW::?::::.:<.:.•.i:<niii:««::::<L<O:«.'F.C4::?.:b:b:<r:r.:.:.::.??\dXnti:»,,,,»:},v:s:X:-.XAX,x»}}?}JPt: hvwXMu.\»}XAfECNM?}xxX.xXA:TX.XA»»w,:vxx•.m•.v:.v:::.,x•.,vvn UnPaid CROW RIVER FARM EQUIPMENT E 101-43100-220 Repair/Maint Supply (GENERAL) $302.61 74748 Miscell Parts Total CROW RIVER FARM EQUIPMENT $302.61 •Unpaid•.:...........: ...................:..........:...... DJ'S�TOTAL HOME CENTER....:.:...x..�n««,<w<,<„�:..,,..�,,.,.........<..,.....,...........:..,......:....... � - -.,.,�<�M.�.:HX.«.,.,:,. E101-43100-220 Repair/Maint Supply (GENERAL) $16.04 302765 Dirt E 101-43100-220 Repair/Maint Supply (GENERAL) $17.57 307488 Miscell parts E 101-43100-220 Repair/Maint Supply (GENERAL) $4.78 302790 Miscell parts Total DJ'S TOTAL HOME CENTER $38.39 .Unpaid::................:,.,:...,.,,..>.:v: DON . ,,< .,».,.,,»..,x.,..........,.,..x::............................................................. ...........................................x........ S BAKERY E 101-41400-371 Clean Up Day $46.96 5810 Clean Up Day Total DON'S BAKERY $46.96 Unpaid ELK RIVER PRINTING & PARTY PLU E 101-41400-201 Office Supplies $50.06 10479 Sign Permit Apps Total ELK RIVER PRINTING & PARTY PLU $50.06 UnPaid ELLISON EQUIPMENT CO. E 101-43610-390 Contracted Services $4,313.25 411001 Recycling bins Total ELLISON EQUIPMENT CO. $4,313.25 Unpaid EVERGREEN LAND SERVICES CO E 413-43100-390 Contracted Services $100.00 00-419 Odean ROW Total EVERGREEN LAND SERVICES CO $100.00 CITY OF OTSEGO Check Detail Register Wednesday, March 08, 2000 Page 2 of 4 :. : Check Amt Invoice Comment f ••«•YYY::.Y:.;:.Y:.Y:.;Y:.;;:;•;:.;:.Y:.YY;.YY:.YY:.;:.Y;:t::;::.:::::::::.::::.:::: ......... .;:...........::. :v: F.•n;nY.n .. f.?.n.. ......... - -. :..:.: ttxv:Gtt•:,;YYY..-....:.Y:th'tJY:tt•:a:-:,,Ux.:•:::::.Y.::.4.:nY-n:axw:!.:ix:.tt.Y±y::.�::::.:v::::::.�::.�:::.�.: .. UnPaid FIRST STATE TIRE RECYCLING E 101-41400-371 Clean Up Day $1,573.00 22940 Clean up Day Total FIRST STATE TIRE RECYCLING $1,573.00 ............................................. _............:..._........... ::.G & KTEXTILE LEASING SYSTEM:::.:..:::.:::::._.-:::::.:::..::.,::::.::::::._:::::::::.:::::::::. E 10 1 -431 00-390 Contracted Services $76.69 City Hall E 10 1-41940-390 Contracted Services $139.24 PW E 101-43100-225 Uniforms $198.48 Uniforms Total G & K TEXTILE LEASING SYSTEM $414.41 UnPaid GROEN GARY CPA E 101-41600-390 Contracted Services $875.00 April Services Total GROEN GARY CPA $875.00 UnPaid H G WEBER OIL COMPANY E101-43100-202 Gas & Oil $616.85 36577 Diesel E 101-43100-202 Gas & Oil $564.72 36775 Diesel E101-43100-202 Gas & Oil $458.63 36774 Gas Total HG WEBER OIL COMPANY $1,640.20 UnPaid HAKANSON ANDERSON ASSOC INC E 416-43100-302 Engineering Fees $228.76 OT336 Bit Overlay E 101-41560-302 Engineering Fees $1,295.00 OT901 Miscel Eng E 415-43251-302 Engineering Fees $536.70 OT507 Pump House E 415-43251-302 Engineering Fees $482.55 OT507-XX Pump House Design E 415-43251-302 Engineering Fees $444.45 OT612 TS Sewer G 701-21942 Ranch Acres $412.50 OT2215 The Ranch G 701-21924 Mining permit #7 $407.63 OT903 Mining Permits G 701-21915 Crimson ponds/Backer 99-7 $296.69 OT2198 Crimson Ponds E 101-41560-302 Engineering Fees $228.76 OT923 Gopher One Map G 701-21938 TMH Development $225.00 OT2213 Swiggum E 415-43251-302 Engineering Fees $224.50 OT508 Water Tower E 101-41560-302 Engineering Fees $140.00 OT606 Mont Wells G 701-21931 Apex Bldg Addn $112.50 OT2207 Apex Bldg G 701-21933 Long Haul $75.00 OT2209 Long Haul G 701-21939 Bajari 00-6 $75.00 OT2214 Bajari G 701-21935 JKO Industries $37.50 OT2201 Ophoven Dev E 413-43100-302 Engineering Fees $4,944.07 OT334-XX Odean Ave E 101-41560-302 Engineering Fees $276.40 OT904 City Map G 701-21947 Prairie Creek 3rd Addn $1,426.75 OT2216 Prairie Ck 3rd E 415-43251-302 Engineering Fees $5,331.24 OT612-XX TS Sewer G 701-21922 Pheasant Ridge $5,926.16 OT2199 Pheasant Ridge E 417-43251-302 Engineering Fees $7,640.08 OT613-XX 78th St S/W G 701-21940 The 'Point' - Big Ed's $8,640.17 OT2211 The Pointe G 701-21941 Pulte Homes $1,372.41 OT2212 Prairie Ck 2nd Total HAKANSON ANDERSON ASSOC INC $40,779.82 HARLEN RASK E 101-41950-310 Miscellaneous $349.00 Old City Hall - Repair Total HARLEN RASK $349.00 CITY OF OTSEGO Check Detail Register Wednesday, March 08, 2000 Page 3 of 4 Check Amt Invoice Comment ........................................................................................................................::::., ::....: :::::..............:: •::::::.., . .::::::::.:::::::::::::::.:,::: .....................................:..:....................:................................ :;:•}>:.::::::.,v. �::::::::::.... .. .'L S{t .{n {• . }S . . x:w:::::::: \..,...... ::::::::.�n�.�::.�:::::::::.:w:::. �::::.�:::::::::::.:v.v: :•::::::::. �::::::.�:...... ... ...................... xvvt\:tt+�:x::.�:n:.•.,�.{{x„v¢�.{•.A�•,•,A\•.�v.,,Cv.C•:.�::.,.:.t,tt{::..x:::.:,,hAUCIXt{,:,•: ,•: }:•i:{•}}:{i:::.}::->:-»:.::� •••.•..••••••...•...........:.................... :.f....:fi:fiR:541:Ve.............Y..+Fi..l,.......:4}.4'hYiYiC:F00060UF;KMYfIY}Y.;dP[dWX;.M:lnUb4Y:cc:i:iy:n:;.%:: v;n:�Y:: x. m�m:.,,vvvn....... U n Paid E 101-45100-390 Contracted Services $3,707.50 May/June Total I.S.D. 728 $3,707.50 UnPaid LAWN QUENCHERS E 415-43251-390 Contracted Services $8,535.40 138 Repair Banks Sprinklers Total LAWN QUENCHERS $8,535.40 Unpaid LITTLE FALLS MACHINE E 101-43100-220 Repair/Maint Supply (GENERAL) $115.63 92 & 94 Ford E101-43100-220 Repair/Maint Supply (GENERAL) $104.33 Grader parts Total LITTLE FALLS MACHINE $219.96 ::..::.:..:.::.:<•�>:a:o.;a:.•.::,•.:Y::::::s,�:.w.r�cwmorRr uwowwxvxvucw»wwa•:ro-:cow:.;u:ac>w.cowuxwccoxaavfwaw::ea:axwxixv;.r:;us::aarY.a�••n.;wr?w,,:u+x.+vv. E 101-41400-360 Education/Training/Conferences $16.00 1522 4-20-00 Mike Total MAMA $16.00 ��•UnPaicJ:.,,.,,,>a„�,,,,..�,.,..�,�•.�,.�.,xi,,,,.........::.MINNESOTA LIFE,...,,:,,..,,.,.,,,.,,............,.......,.,..};:«;;«,4:<;;;«;;�R:;•:;;:.;:;•:•x:.;<;:�}:s:,-«,v,•::,«:,;.•}:�;:{;««<:.%;;;;;;;;;;;«;;;.x;:::. E 101-43100-130 Employer Paid Ins (GENERAL) $33.70 P.W. Life E 101-41400-130 Employer Paid Ins (GENERAL) $29.00 Adm. Life Total MINNESOTA LIFE $62.70 Unpaid NORTHWEST ASSOC CONSULTANTS G 701-21947 Prairie Creek 3rd Addn $250.67 9371 Prairie Ck 3rd E 201-45000-300 Professional Srvs (GENERAL) $794.30 9374 Work for Parks G 701-21945 101 Market $514.08 9371 101 Market G 70 1-21 936 Mississippi Pines PUD 00 $476.03 9371 Miss Pines G 701-21927 O. Thompson CUP 99-18 $458.50 9371 Orin Thompson E 201-45000-300 Professional Srvs (GENERAL) $350.00 9373 Meetings G 701-21941 Pulte Homes $344.20 9371 Prairie Ck 2nd E 101-41570-303 Planning Fees $1,800.00 9373 Meetings G 701-21931 Apex Bldg Addn $106.02 9371 Apex G 701-21946 Crimson Ponds 2nd $77.00 9371 Crimson Ponds G 701-21940 The "Point' - Big Ed's $66.00 9371 The Pointe G 701-21928 Christ Lutheran -Addition $44.00 9371 Christ Luth Church G 701-21943 Carron Move In $33.00 9371 Carron E 101-41570-303 Planning Fees $28.20 9372 Triangle Area E 101-41570-303 Planning Fees $341.40 9372 General Planning E 101-45300-390 Contracted Services $319.45 9372 Heritage Assistance Total NORTHWEST ASSOC CONSULTANTS $6,002.85 Unpaid ONRAMP. INC E 101-41400-390 Contracted Services $39.95 971853 Internet Total ONRAMP, INC $39.95 UnFaid:.;:.........,,,........... ...................... x........................:.,,,.... OSI ENVIRONMENTAL, IN OLD 1 E 101-41400-371 Clean Up Day $100.00 218200 Clean Up Day Total OSI ENVIRONMENTAL, IN OLD 1 $100.00 Unpaid PRINCIPAL FINANCIAL GROUP E 101-43100-123 Health $97.45 P.W. Dental E 101-41400-123 Health $171.25 Adm. Dental CITY OF OTSEGO Check Detail Register Check Amt Invoice Comment ......................... ...,, •::AJf•:;::o>::::: Total PRINCIPAL FINANCIAL GROUP $268.70 UnPaid RMR SERVICES, INC. E 601-49400-203 Supplies - General $5,004.44 2000-175 Water Meter Total RMR SERVICES, INC. $5,004.44 Unpaid SOFTRONICS E 101-41600-430 Miscellaneous (GENERAL) $87.50 1831 Banyon Total SOFTRONICS $87.50 Unpaid SUPERIOR SERVICES E101-43610-390 Contracted Services $460.00 132825 April Recycling Total SUPERIOR SERVICES $460.00 ........... ,-:.,.::::::::::.::::::,:..,:..�.•:�:•:;:.>:.:<v:«>:,::,,«.. �:.;mow::««««:«•:r:<:�•;�,�;:.,:>.:.:<::::•:�:.,,:.x«�:.�4�;.��.�,k<K:�. •• - Unpaid WASTE MANAGEMENT E 101-43610-390 Contracted Services $112.50 12358 April Recycling Total WASTE MANAGEMENT $112.50 Wednesday, March 08, 2000 Page 4 of 4 ....... ..... ,> ,...., UnPaid WRIGHT COUNTY HIGHWAY DEPT E101-43100-372 Salt & Sand $615.77 2588 Total WRIGHT COUNTY HIGHWAY DEPT $615.77 Unpaid ---W RIGIiT'•COUN'fY•RECORDEFi�• E 101-41400-340 Recording Fees E 101-41400-340 Recording Fees E 101-41400-340 Recording Fees Total WRIGHT COUNTY RECORDER 10100 BANK OF ELK RIVER $19.50 Valerius Sub $19.50 Kasper Deed Rest. $19.50 Kasper Sub $58.50 , $763-