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03-27-00 CC12 0 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: 5. CONSENT AGENDA Elaine Beatty, City Clerk/ March 27, 2000 - 6:30PM ITEM NUMBER: ITEM DESCRIPTIONG 5.1. Approval of Resolution Establishing Municipal State Aid Street, Page Ave. from 79th St. to CSAH 37 (70TH ST). 5.2. Approve Pay Estimate #8 for EnComm Midwest, LLC Construction for Pumphouse in the amount of $27,720.62. BACKGROUND: 5.1. & a 5.2. Attached is information from Larry Koshak regarding these items. RECOMMENDATION: This is for Council consideration and approval. If Council has any questions or need to discuss further, the item should be removed to another section of the Agenda. Thanks, 4 Elaine • Hakanson Anderson Assoc., Inc. it & Municipal Engineering ,dnd Surveying • CITY OF OTSEGO COUNCIL AGENDA March 27, 2000 ITEM 5.0 CONSENT AGENDA 3601 Thurston Avenue Suite 101 Anoka, Minnesota 55303 763/427-5860 763/427-0520 Fax ITEM 5.1 CONSIDER APPROVAL OF RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS. Page Avenue from 78th Street to CSAH 37. Resolution form is attached. ITEM 5.2 CONSIDER APPROVAL OF ATTACHED PAY ESTIMATE #8 TO ENCOMM FOR THE CONSTRUCTION OF PUMPHOUSE #1, COP #98.02 FOR THE AMOUNT OF $27,720.62. The major items yet to be delivered are the generator and the training and final adjustments for the SCADA. Copies of payment form attached. The final start-up is scheduled for 3/29/00. City Engineer Consent Agenda Items Page 1 of 1 \\Ha01\Shared Docs\Municipal\AOTSEGO\901\ot901consentagenda3-27-OO.doc RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS WHEREAS, it appears to the City Council of the City of Otsego that the streets hereinafter described should be designated Municipal State Aid Street under the provisions of Minnesota law. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Otsego that the road described as follows, to -wit: Page Avenue from 78`h Street to CSAH 37 be, and hereby is established, located, and designated a Municipal State Aid Street of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Otsego , to be numbered and known as Municipal State Aid Street ADOPTED ATTEST: Elaine Beatty (City Clerk) 111 CERTIFICATION 215 Larry Fournier (Mayor) I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council of said City on (City Clerk) (SEAL) City of Otsego \\Hao1\Shared Docs\Municipal\AOTSEGO\315\ot315RES1.doc ITEM 5.2 PAY ESTIMATE #8 March 21, 2000 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 RE: Pumphouse #1 Contractor: EnComm Midwest, LLC. Contract Amount: $392,736.00 Award Date: April 29, 1999 Completion Date: Substantial Completion by November 15, 1999, Final Completion by July 1, 2000. Dear Council Members: The following work has been completed on the above referenced project: PART 1 Estimated BID SCHEDULE "A" - SITE WORK j BID SCHEDULE "C" - WELL PUMP AND APPURTENANCES Item Description Quantity Unit -- -- i Item !Description -- -Estimated Quantity Unit I Unit Price I Used to Date Extension ' Extension i 1 -'Clearing &Grubbing _ 6; TREE! $ 300.00 1 TREE' 4 ! $ 1,200.00j 2 Grading & Excavation 11 LS 1 $ 11200.001 LS ! 1 i $ 1,200.00 i I 3 : Class V Gravel (LV) _1251 CY 1 $ 15.00 j CY 115 ; $ 1,725.00 i Lot Bituminous Pavement 1401 SY 1 $ 23.50 ' SY 140 i $ 3,290.00 _4Parkin9 5 Concrete Walk & AC Pad 5.6 SY i $ 60.00. SY 5.6 $ 336.00 Silt Fence - --- - - -120-LF $ 2.00 LF 220 $ 440.00- _6 ---------------- porary SecuFences 7 Temrity - _ ------ - ---------------------- 420• LF ; $ 1.00 _LF -----420 --- --- $ ----__-- 420.00 -- _ - 8 Cedar Split Rail Fence - _ LF ° $ 5.90: LF_0 - - $ 3.35: - ---- 9 RIRNR Class 111 Ra _ _360 25: CY $ 86.00 CY 0 _' $_- - - 1 LS ; $ 2,700.00: 10 12" CMP Cubert _ - _ 28 LF i $ _20.00 i LF 0 -' $ ' 11 8' PVC Culvert 20I LF i $ 18.00 ; LF _ 0 $ $ 12 Seeding (includes seed) - 0.7 AC :$ 800.00 AC 0 $ 13 Mulching 1.4' TON i $ 500.00 i TON ' 0 •. $ - 14 Fertilizer 3501 LBS 1 $ 0.80 LB 0 TOTAL PART 1: TOTAL BID SCHEDULE "A": $ 8,611.00 BID SCHEDULE "B" - YARD PIPING TOTAL BID SCHEDULE'B': Estimated $ j BID SCHEDULE "C" - WELL PUMP AND APPURTENANCES Item Description Quantity Unit __ Unit Price - Used to Date Estimated Extension ' 15 -_ _ 4_Soil Pipe 180 LF $ 26.00 LF_: 90 $ 2340.00 __ 16 i- Dia. Seepage Manhole 2 EA $ _ 2,100.00 EA 2 --$ $ 4,200.00_ _ LS _4' 26 LF-. $ 80.00_ LF _ 26 1,900.00 2,080.00 18 10" DIP Class 52---- ----- -- fi- LF-' $ 126.50 LF 6 $ 759.00 19 8' DIP Class 52 25, _ _ - 80 i $ 48.00: LF 25 $ 1,200.00 -20 Fittings - -- --- - -520; _LF �LB $ 3.35: LB 520 $ 1,742.00 21_ _- : 6'Flushing Hydrant induding valve &piping - - 1 LS ; $ 2,700.00: LS 1 1 $ - 2,700 0 TOTAL BID SCHEDULE'B': $ 15,021.00 BID SCHEDULE "C" - WELL PUMP AND APPURTENANCES - Estimated Item Description Quantity Unit Unit Price_ Used to Date Extension _ 21A Turbine Well Motor _ 1 LS_ _ _ $_5,100.00 _ LS 1 -1 $ 5,100.00 22 Well Head 1 LS $ 1,900.00 LS $ 1,900_00 23 6' Column Pipe- 80 LF. $ 22.00 LF 1_00 __$ 2.200•00_ 24 1 1/4' Line Shaft_ _ _ - 80 LF i $_ 12.00 LF 100 $ 1,200.00 _ -25 Pump Bowl Assembly -- - -- - - -- - _'- - -- 1 LS I $ 3,600.00 LS 1 $ 31600.00 26 Pump Base_ (includes reinforcment) - ' _ -_ 41 CY I $ 200.00 _ CY _ _ 4 i $ 800.00 _ _Concrete _ 27 Pre Lubrication, Pipe & Valves _- 1' $ 300.00 LS 1 $ 300.00 -- _ -LS TOTAL BID SCHEDULE C: $ 15,100.00 TOTAL PART 1: $ 38,732.00 \ha0l\shared docsVnunicipal\aotsego\ot507\ot507bt.xls 3/22/00 PART 2 Bid Schedule 'A' - SITE WORK -- $ 8,611.00 - BID SCHEDULE 'A'.-, PUMPHOUSE ; Estimated i ; Bid Schedule 'C' - WELL PUMP & APPURTENANCES $ 15,100.00 Total Part 1: Item ; Description Estimated Unit Unit Price Used to Date Extension 33 !Chlorine Gas Treatment Item Description Quantity Unit LS Unit Price $ Used to Date j 34 Extension i 28 Pumphouse Building —_ 1 LS $ 69,150.00 LS 1.0 $_ 69 150.00 29 Building Mechanical_ _ _ 1 LS $ 45,250.00 LS 1.0 $ 45,250.00 30 , Painting and Protective Coating___ 1, LS _$ 6,200.00 L_S 0.95 _ $_ _5,890.00 _ 31 Building Electrical & Controls 1 _$_ 6_5,980.00 LS 1.0__ `$ _ 65.980.00 _f 32 SCADA System -- _ — 1: _LS LS $ 84,920.00 LS --0.9 $ _ 76,428.001 TOTAL BID SCHEDULE 'A': $ 262,698.00 BID SCHEDULE 'B' - CHEMICAL TREATMENT Bid Schedule 'A' - SITE WORK -- $ 8,611.00 - � --- --- ----- ; Estimated i ; Bid Schedule 'C' - WELL PUMP & APPURTENANCES $ 15,100.00 Total Part 1: Item ; Description ! Quantity Unit Unit Price Used to Date Extension 33 !Chlorine Gas Treatment 1: LS $ 19,800.00 LS 1 — $ 19,800.00 j 34 Fluoridation & Polyphosphate Treatment 1' LS ! $_5,78_0.00 $ LS 1 $ 5,780.00 35 _! Process Water Piping for Chemical Treatment 1 LS ^ $ 1,200.00 ; LS _ 1 _ $ 1,200.00 36 — i Booster Pump -- —_ 1 LS $ 780.00 , LS 1 $ 780.00 TOTAL BID SCHEDULE'S': $ 27,560.00 27,560.00 BID SCHEDULE *C'- PERMITS � Estimated ; Item Description ; Quantity FUnit I Unit Price Used to Date I Extension r 37 ; Permits 11 LS ! $ 2,000.00 j LS 0.607 $ 1,214.58 TOTAL BID SCHEDULE 'C' $ 1,214.58 BID SCHEDULE 'D' - MOBILIZATION AND DEMOBILIZATION -- j Estimated Item 'Description _ _ _ _ — _Quantity Unit Unit Price Used_ to Date : Extension 38 Mobilization & Demobilization — 1 LS _$ 7,000.00 LS 1 i $ 7,000.00 TOTAL BID SCHEDULE *D": $ 7,000.00 TOTAL PART 2: $ 298,472.58 ALTERNATIVE 'A": Portable Power Generator _ _ - ----- -- Estimated :— Item Description — _ — — Quantity Unit — Unit Price Used to Date Extension i 39 Portable Power Generator as per Section 16201 1 LS $ 37,000.00 LS _ 0: $ —_— SUMMARY OF COMPLETION: PART 1: Bid Schedule 'A' - SITE WORK $ 8,611.00 Bid Schedule 'B' - YARD PIPING $ 15,021.00 Bid Schedule 'C' - WELL PUMP & APPURTENANCES $ 15,100.00 Total Part 1: $ 38,732.00 PART 2: Bid Schedule *A"- PUMPHOUSE $ 262,698.00 Bid Schedule 'B' - CHEMICAL TREATMENT $ 27,560.00 Bid Schedule 'C* - PERMITS $ 1,214.58 Bid Schedule 'D' - MOBILIZATION & DEMOBILIZATION $ 7,000.00 Total Part 2: $ 298,472.58 Alternative 'A' - GENERATOR $ ' __ Un_it Price _ Used to Date , Extension Work Order #1: $ 1,109.00 1 $ _-1,109.00 Change Order #1: _ $ 3,240.00 --- _ 1_ $ 3,240.00 Total: $ 4,349.00 $ 4,349_00 TOTAL WORK COMPLETED TO DATE: $ 341,553.58 \\ha01\shared docsVnunicipal\aotsego\ot507\ot507bt.xis 3/22/00 TOTAL WORK COMPLETED TO DATE: $ 341,553.58 LESS 5% RETAINAGE: $ 17,077.68 LESS PARTIAL PAYMENT #1 $ 19,674.81 LESS PARTIAL PAYMENT #2 $ 21,522.94 LESS PARTIAL PAYMENT #3 $ 42,576.18 LESS PARTIAL PAYMENT #4 $ 30,510.10 LESS PARTIAL PAYMENT #5 $ 41,405.28 LESS PARTIAL PAYMENT #6 $ 118,688.91 LESS PARTIAL PAYMENT #7 $ 22,377.06 WE RECOMMEND PARTIAL PAYMENT OF: $ 27,720.62 APPROVALS: CONTRACTOR: Certification by Contractor: I certify that all items and amounts are correct for the work completed to date. Signed: Title: Date: ENGINEER: Certification by Engineer: We recommend payment for work and quantities as shown. HAKANSON ANDERSON ASSOCIATES, INC. Signed: Title: Date: OWNER: CITY OF Signed: Title: Date: \\ha0l\shared docsVnunicipal\aotsego\otS07\ot507bt.xls 3/22/00 22 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: 6. Dan Licht, City Planner: Elaine Beatty, City Clerk/March 27, 2000 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 6.1. Consider Application from Owner Philip H. Swiggum, 8500 Parrish Avenue NE, and Applicant TMH Dev., 3200 Main St. Coon Rapids, Mn. (Mike Day) for PID #118-500-224100 and #118-500-233201 located at 8500 Parrish Ave NE (E of Co. Rd. #42, S of Co Rd #39 & SW of State Hwy. #101). Request is as follows: A. Rezone currently Zoned A-1 (General Agricultural) to BW (Business Warehouse District) B. Site and Building Plan Review (This was Cont. From Last CC) 6.2. HEARING for Owners Edwin F and Leona M Da uphi�s, 16099 N.E. 72ND ST., Otsego, MN. 55330. Applicant is Pulte Homs of Minnesota Corporation, 1355 Mendota Heights Road, Suit _ 300, Mendota Heights, MN 55120-1112. PID #118- 500-274400 and #118-500-263301. Legal description is SW 1/4 of the SW 1/4 of Section 26 and part of the S-1/2 of the SE 1/4 of Section 27, Township 121, Range 23, Wright County, State of Mn. This property is located N of 70TH ST NE (Co. Rd. #37) and West of State Highway #101. Request is as follows: A. Comprehensive Plan Amendment (Land Use Plan) B. Rezoning to R-7 District (Currently Zoned A-1) C. PUD/CUP for Town Home Development D. Preliminary Plat E. Site and Building Plan Review 6.3. HEARING for Owners Edmond N. and Mariette LeFebyere, 7981 River Road N.E., Otsego, MN, 55330, Applicant is Pulte Homes of Minnesota CoEVoration, 1355 Mendota Heights Road, Suite 300, Mendota Heights, MN 55120-1112. PID #118-500-271100 (Original Parcel). Legal Description is Outlot A of Prairie Creek (2ND Addition) 23.28 Acres of land at 7981 River Road in Section 27, Township 121, Range 23. Legal description is on file at the Otsego City Clerk's Office. This property is located at River Road NE (Co. Rd. #42) and Quaday Avenue NE). Request is as follows: A. Comprehensive Plan Amendment (Land Use Plan) B. Rezoning to R-6 District (Currently Zoned A-1) C. PUD/CUP - Development State/Townhome Development (Cont. on Page 2) Planning Report Dan Licht - Council of March 27, 2000 6:30PM - Page 2 - (Cont.) D. Preliminary Plat E. Site and Building Plan Review 6.4. HEARING initiated by the City of Otsego Planning Commission, 8899 Nashua Avenue NE, Otsego, MN. 553.0, The purpose of the proposed Hearing is as follows: TO CONSIDER AN ORDINANCE AMENDMENT TO THE OTSEGO ZONING ORDINANCE #99-03 AN ORDINANCE AMENDING THE OTSEGO ZONING ORDINANCE TO RESPOND TO DIRECTIVES OUTLINED IN THE COMPREHENSIVE PLAN UPDATE REGARDING FARMS AND FEEDLOT REGULATIONS) 6.5. Any other Planning Business BACKGROUND: &L This item came before the Otsego Planning Commission on March 6, 2000 at 8PM.and Denial was recommended by the P.C. The Council tabled this at the March 13, 2000 Council Meeting because a Council Member had to leave the meeting early. Dan Licht will be present for comments and questions. (I have included information from TMH Dev. and NAC's Memo of March 7,2000). 6,2, This item came before the Planning Commission for Hearing on March 20, 2000. Attached is a copy of a memo from Dan Licht dated 21, March, 2000. Attached also find the Findings of Facts, other supporting information and the P.C. Draft Minutes for your information. Dan Licht will be present for questions, comments. P. C. Recommended Approval Unanimously. b-3,. This item came before the Planning Commission on March 20, 2000 and P.C. recommended to the Council unanimously that it be approved.kSee attached Findings of Fact and other supporting information along w/P.C. Draft Minutes) Dan Licht will be present for questions and comments. 6.k This item came before the Planning Commission on March 20, 2000 and was unanimously recommended by the P.C. to the Council for approval. (Attached is information Re: Ordinance Amendment from Dan Licht and P.C. Minutes). 6—& This is for any other planning business that needs discussion. RECOMMENDATION: 6.1. These items are for Council consideration for approval or denial. Thanks, 4(z� Elaine CITY OF OTSEGO PLANNING COMMISSION MEETING A � T MARCH 20, 2000 AT 8PM �i 4 MINUTES 1. Chair Swenson Will call the Planning Commission Meeting to order. Chair Swenson called the meeting to order at 8PM. ROLL. CALL. Planning_ Commission Chair Carl Swenson, Arleen Nagel, Jim Kolles, Patrick Moonen, Steve Schuck, Alternates Ken Fry and Gene Goenner. Richard Nichols and Christian Mbanefo had excused absences. City Staff: Mike Robertson, City Administrator, Elaine Beatty, City Clerk/Zoning Administrator and Dan Licht, City Planner. City Council* Vern Heidner and Mark Berning. 2. Consideration of the Planning Commission lea' + f, Planning iin��ci is A. Monday, March 6, 2006 - 8PM ARLEEN NAGEL MOTIONED TO ACCEPT THE MINUTES AS WRITTEN. STEVE SCHUCK SECONDED THE MOTION. MOTION CARRIED 4 TO 0 WITH CARL SWENSON ABSTAINING AS HE WAS NOT PRESENT FOR THE MAJORITY OF THE MEETING. 3. HEARING for Owner Applicant Rick Grupa, 19026 Zane St NW, Elk River, MN, 55330. PID #118-500-364400 in Section 36, Township 121, Range 23. Legal description is on file at the City of Otsego City Clerks Office. Property is located at 6201 Richardson Avenue. (South of 62ND Lane and East of NE Rawlings Avenue.) Request is as follows: A. A Comprehensive Plan Amendment to Expand the Sanitary Sewer District B. Rezone to R-4 (Currently Zoned A-1) C. Preliminary Plat Chair Swenson explained the application. Elaine Beatty noted that the proper publication, posting and mailings were completed. Dan Licht explained the Planning Report dated March 14, 2000 (attached). C.M. Heidner clarified that the sanitary sewer capacity will come from Otsego, not Dayton. Mike Robertson - explained some of the items on the City Engineering Report and and the Wright County Engineering letter (See Attached) Ed Otto, Land Surveyor, Ed Otto and Sons - They are looking at R-3 Zoning. The Planners Report says R-4. That is not their intent to have small lots. One Acre type lots are being looked at. Mr. and Mrs. Grupa want to move to lot #6. There is no need for grading, except the Dayton portion of the project. He referred to Mr. Hanson's Staff Report. (Dayton Engineer). The drainage issues per Mr. Hanson can be accomplished. An easement is needed. We did not test for on-site sewer. We presume it will be urban service from Dayton. The Dayton project is going on across the street from this project. CITY OF OTSEGO PLANNING COMMISSION MEETING OF MARCH 20, 2000 AT 8PM - PAGE 2 - If this is a go, we will have City sewer and water. The landfill is on Lot No. 6. It was outlined on the plan. On the S. end of the lot there are allegations of illegal activity there. Mr. Otto contacted Chuck Davis of Environmental Health Department at Wright County. He recalled stipulations and issues in the late 70's. Appliances were cleaned up and he had a planned drawing. He felt everything was taken care of. Allegations of erosion, he did not see. Mr. Grupa plans on building on Lot #6. The building site on Lot #6 is N of the existing land fill. HEARING WAS OPENED TO THE PUBLIC Chair Swenson explained the formal hearing process. Steve and Carol Orwell - Live next door to the dump. We were told it was zoned unbuildable. The drainage pipe was pointed at their property. We feel this should be cleaned up. This was an illegal landfill with no permits. We wanted to see this landfill get completed years ago as Wright County plans show. The drainage area was totally mounded over. The drainage changed from the natural route. We want to see no action taken. Only completed restoration. Discussion was brought back to the P.C. Gene Goenner - Asked if anyone had inspected the site? Mr. Licht said the Engineer knows about the landfill. Mike Robertson - As part of the process, if it was found illegal, it would need to be brought into compliance. That would be a condition. C.M. Heidner - Construction procedures were in the 80's. It was a Planning & Zoning meeting. Gene Goenner - If it was zoned R-4, would it be possible to have 6 -lots in there? Mr. Licht - R-4 has a minimum lot size of 12,000 sq. ft. There is no maximum number. The issue is utilizing services available. The P. C. could recommend R-3 district if they wanted. Gene Goenner - If rezoned to R-4, would they have to be liable to show a second building site? Answer: Yes. If I would buy one of these lots could I subdivide it? Dan LIcht - Yes. Under the circumstances, I would be more inclined to go with the higher density. Vern Heidner - Questioned Dayton's Engineer about their residents hooking up. He noted that sewer would need to be extended to Richardson Lane. Engr. Hanson - Dayton would say that Otsego is responsible for their residents. Earl Schulenberg - 6766 Rawlings - Are you saying 15 lots rather than 6 or 7? The roads would not handle that. Mike Robertson - No, if platted into 15 lots, the existing roads would not be upgraded. Mr. Schulenberg - Asked if the price is $10,000. to $40,000. for upgraded sewer, water and street. Dayton's Engineer - stated that the updated project will be bid a week from tomorrow. The project is in front of the legislature and by the end of April they should have answers and be able to meet with the residents. HEARING CLOSED. Discussion brought back to the P.C. CITY OF OTSEGO PLANNING COMMISSION MEETING OF MARCH 20, 2000 AT 8PM - PAGE 3 - Gene Goenner - With a lot of things up in the air, Dayton bids and road construction, the plat premature and I am inclined to table or decline the Comp. Plan Amendment at this time. There are too many loose ends. Carl Swenson - No formal agreement between Otsego and Dayton is another factor. Arleen Nagel - Agrees with Mr. Goenner that this is premature. GENE GOENNER MOTIONED TO DENY THE COMP PLAN AMENDMENT TO EXPAND THE SEWER DISTRICT ON THE BASIS IT IS INCONSISTENT WITH THE CITY'S COMP. PLAN. ARLEEN NAGEL SECONDED THE MOTION. AFTER DISCUSSION THE MOTION WAS WITHDRAWN BY GENE GOENNER AND ARLEEN NAGEL WITHDREW HER SECOND. Discussion: Carl Swenson - Questioned Staff if the motion is correct. Mr. Licht - Yes, It can be made. The issue of serving the property has not yet been established. It allows you to table until the issues are worked out. Mr. Otto - The applicant will waive the 120 day requirement. Mr. Licht - If you table the application, it is simpler to bring it back. It is more efficient to table it. GENE GOENNER MOTIONED TO TABLE THE COMP. PLAN AMENDMENT UNTIL SUCH TIME AN AGREEMENT IS REACHED WITH DAYTON FOR SEWER. ARLEEN NAGEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Note: This item will not be brought before the Council It will romp hark to the Planning Commission. 4. HEARING for Owners E.tiwin F. and Leona M. Dauphinais, 16099 N.E. 72ND ST., Otsego, MN. 55330, Applicant is Pulte Homes of Minnesota Corporation, 1355 Mendota Heights Road, Suite 300, Mendota Heights, MN 55120-1112 PID #118- 500-274400 and #118-500-263301. Legal description is SW 1/4 of the SW 1/4 of Section 26 and part of the S-1/2 of the SE 1/4 of Section 27, Township 121, Range 23, Wright County, State of Mn. This property is located N of 70TH ST NE (Co. Rd. #37) and West of State Highway #101. Request is as follows: A. Comprehensive Plan Amendment (Land Use Plan) B. Rezoning to R-7 District (Currently Zoned A-1) C. PUD/CUP for Town Home Development D. Preliminary Plat E. Site and Building Plan Review Dan Licht - Explained NAC's Planning Report of March 15, 2000. (See attached). He noted that the project is highly positive with some parts of the project too intense for current Zoning Ordinance. They can either reduce the number of units or provide amenities. Capacity of sewer needs addressing also. Elaine Beatty noted that the proper publishing, posting and mailings were completed. Dennis Griswold, Director of Land from Pulte Homes - Introduced the Construction Manager. He noted that there is an opportunity to provide alternative CITY OF OTSEGO PLANNING COMMISSION MEETING OF MARCH 20, 2000 AT 8PM - PAGE 4 - housing. Within the three properties, four housing types are proposed which fits into the national concept. The site has a number of issues. In general terms, we are very much in agreement with the Staff recommendation. It has to be fine tuned. This is a complex site with an existing gravel operation. The grade needs adjusting during the gravel removal. Sewer availability is another issue. It is complicated, but we are willing to make the connection with our potential reimbursement. We are pushing the maximum limits because of the give and take situation. We are looking at first and second time home buyers, singles and young marrieds where there is not as much demand on schools as there is in other residential properties. Generally we are in agreement with making minor adjustments. We are hoping to get an indication from the Planning Commission tonight. Mr. Guther is available to address the product type and has more information. HEARING WAS OPENED TO THE PUBLIC No one spoke Discussion back to the P.C. Jim Kolles - Questioned Quaday upgrading and asked what is the time frame? Mike Robertson - The issue has not been discussed yet. There is a half mile difference, do we update and assess it or leave it as gravel? The cost estimate is being brought to the next Council meeting. Ken Fry - What will they do with the drainage on the South side of #37? It winds up in the field on the West side of Parsons. Dan Licht answered that the pond in the SW corner of the site there will have depth added to it. Also a large pond in the middle of the court home development. They have to provide ponding on-site. Ken Fry - Noted he has seen the entire field flooded. Mike Robertson - A lot of the water will be directed North to LeFebvre Creek. That's the goal, to ditch it, or pipe it along Quaday. Vern Heidner - What type of phasing do you foresee, when will you start? Answer: They have a two years supply of units. They will construct Quaday to the center portion of the Village Homes. The Court Homes along Quaday have a private drive and a pond in the middle will be constructed first and leave the rest for the second phase of development. Gravel export and development will happen together. As far as ownership, they will close this Spring on all of the property, assuming that other issues get worked out. 72ND ST and the second phase of development will be the following year. Mike Robertson - Asked the price range? The Courthomes $112,000. to $130,000., 1,100 to 1,350 sq. ft. 2 -story townhomes. The L-shaped Village Homes are 2 - story with tuck under garage priced at $100,000. to $110,000., 900-1150 sq. ft., serves first time home buyers. The Prairie Creek, Ulmer property for single family, and Prairie Creek, Second Addition is town home development. Key Points - Pulte Homes has been in business for 50 years and is America's largest home builder for the past 3 years, as well as America's best builders. They have 42 -divisions and they are the best for customer satisfaction and a high quality product. The village and courthomes are both first time buyers. Gene Goenner - Since it is a PUD application, what amenities are the City of Otsego receiving, as far as trails, etc. I do not see what the City is getting back. Dan CITY OF OTSEGO PLANNING COMMISSION MEETING OF MARCH 20, 2000 AT 8PM - PAGE 5 - Licht noted that the intensity of the use is his concern. We encourage some amenities to be provided. Facades are a plus and higher quality building material is being used. The intensity we recommend be scaled back to meet our requirements. Discussion went back to the Public. No one spoke. HEARING WAS CLOSED. Discussion back to the P.C. GENE GOENNER MOTIONED TO RECOMMEND APPROVAL OF THE COMPREHENSIVE PLAN AMENDMENT (LAND USE PLAN) TO EXPAND THE SANITARY SEWER DISTRICT TO INCLUDE THE ENTIRE "THE POINTE" DEVELOPMENT PARCEL. STEVE SCHUCK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. JIM KOLLES MOTIONED TO RECOMMEND REZONING FROM A -I, (GENERAL AGRICULTURAL) TO R-7 (RESIDENTIAL, HIGH DENSITY DISTRICT). KEN FRY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. PATRICK MOONEN MOTIONED TO RECOMMEND APPROVAL OF THE PUD/CUP FOR TOWNHOME DEVELOPMENT, PRELIMINARY PLAT SITE AND BUILDING PLAN REVIEW WITH THE CONDITIONS A - 0 LISTED IN NAC'S REPORT DATED MARCH 15, 2000. ARLEEN NAGEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. "Note: This item will be on the Council Agenda of March 27, 2000 at 6:30PM. Discussion: Gene Goenner - A-0 conditions, I am not sure if the available open space as mentioned earlier includes the E & W side or the total parcel. Dan Licht - Item G, lot area is both E and W side. For the total project, subtract 6 -units for less density which is based on the ordinance and calculating density allowed to include all the project under common ownership. We need direction from the P.C. on this. Gene Goenner - Common ownership and contiguous ownership, which is it? Dan Licht - Under the same ownership, is what is intended. Mr. Goenner - It is the interpretation of the rule I am questioning. Dan Licht read the information from the Ordinance Sec 17.2.0. Gene Goenner - Consideration of amenities under site and building plan review for PUD requirements. Dan Licht - I can make that suggestion. Gene Goenner - I'm not sure of this type of development as to what other communities have done. Dan Licht - Explained one of the amenities is that the building standards are over and above the normal buildings. The Staff can work with the developer to encourage some type of amenities, and the P.C. suggestions would be helpful. Gene Goenner - Would like to see something in the way of amenities. He is pleased that the building material and design is above standard and he is proud it is that type of company. Dan Licht - Suggest amenities, or reduce the density intensity. Gene Goenner - Suggested individual landscaping around CITY OF OTSEGO PLANNING COMMISSION MEETING OF MARCH 20, 2000 AT 8PM - PAGE 6 - parcels under the homeowners association, especially with the higher density. Vern Heidner - Noted that trees and sod and (lots of trees) are proposed. It is substantial. 5. HEARING for Owners Edmond N. and Mariette LeFebvere, 7981 River Road N.E., Otsego, MN. 55330. Applicant is Pulte Homes of Minnesota Corporation. 1355 Mendota Heights Road, Suite 300, Mendota Height, MN 55120-1112. PID #118-500-271100 (Original Parcel). Legal Description is Outlot A of Prairie Creek (2ND Addition) 23.28 Acres of land at 7981 River Road in Section 27, Township 121, Range 23. Legal description is on file at the Otsego City Clerk's Office. This property is located at River Road NE (Co. Rd. #42) and Quaday Avenue NE). Request is as follows: A. Comprehensive Plan Amendment (Land Use Plan) B. Rezoning to R-6 District (Currently Zoned A-1) C. PUD/CUP - Development State/Townhome Development D. Preliminary Plat E. Site and Building Plan Review Chair Swenson explained the application. Dan Licht reviewed NAC's Planning Report of March 15, 2000. Elaine Beatty noted that the proper publishing, postings, and mailings had been completed. Dennis Griswold, Pulte Homes - Explained that they are proud of the site of Prairie Creek 2ND Addition. They will have active adult buyers, adjacent to the single family sites. They will own and build 93 -units. It is a nice, enclosed community with a loop street with one access point. A divided entrance with two separate driveways for traffic flow and emergency vehicles in response to no access allowed on Co. Rd. #42. Mark Gunther - The product is for active adults, 55 years average age. These are single level townhomes. The maintenance is taken care of. Two elevations with diversity in looks. 4 -products 1,200 to 1,500 sq. ft in size and $125,000 to $160,000 cost, depending on options chosen. Very rarely are there children in these type of homes. HEARING OPENED TO THE PUBLIC. Gene Goenner - Questioned previous proposal we saw was there two cul-de-sacs there? Dan Licht - Felt there was two cul-de-sacs. Discussion back to the public. No one spoke. HEARING WAS CLOSED. Discussion brought back to the P.C. ARLEEN NAGEL MOTIONED TO RECOMMEND AN AMENDMENT TO THE COMPREHENSIVE PLAN FROM MEDIUM-HIGH DENSITY RESIDENTIAL TO HIGH-DENSITY RESIDENTIAL, BASED ON NAC'S PLANNING REPORT DATED MARCH 15, 2000, AND INCLUDING CONDITIONS A - D. GENE GOENNER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. PATRICK MOONEN MOTIONED TO RECOMMEND APPROVAL OF THE PUD/CUP - TOWN HOME DEVELOPMENT OF "THE POINTE" PRELIMINARY PLAT AND SITE AND BUILDING PLAN REVIEW, WITH THE CITY OF OTSEGO PLANNING COMMISSION MEETING OF MARCH 20, 2000 AT8PM- PAGE 7 - CONDITIONS OF NAC'S REPORT DATED MARCH 15, 2000, AND INCLUDING CONDITIONS A - G. KEN FRY SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6 HEARING initiated by the City of Otsego Planning_Co mission, 8899 Nashua Avenue NE, Otsego, MN. 55330. The purpose of the proposed Hearing is as follows: TO CONSIDER AN ORDINANCE AMENDMENT TO THE OTSEGO ZONING ORDINANCE #99-03 AN ORDINANCE AMENDING THE OTSEGO ZONING ORDINANCE TO RESPOND TO DIRECTIVES OUTLINED IN THE COMPREHENSIVE PLAN UPDATE REGARDING FARMS AND FEEDLOT REGULATIONS) Chair Swenson explained the Ordinance Amendment. Elaine Beatty noted that the proper publishing and postings were completed. Dan Licht explained NAC's Planning Report dated February 16, 2000. He recommends that another six month (6) period be established by Ordinance. HEARING OPENED TO THE PUBLIC. No one spoke. Discussion back to the P.C. No one spoke. HEARING WAS CLOSED. GENE GOENNER MOTIONED TO RECOMMEND APPROVAL OF THE AMENDMENT TO ORDINANCE 99-03. STEVE SCHUCK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Note: This will be on the Council's Agenda of March 27, 2000 at 6:30PM. 7. Any other P.C. Business A. Update on Council Action by CM Vern Heidner C. M. Heidner - Updated the P.C. on Mississippi Pines Development. The Council approved with changes and that the Swiggum Industrial/Commercial use was tabled due to a Council Member's having to leave the meeting early. Mike Robertson - 7PM, Monday April 3rd, the Council set up a special Workshop with the P.C. to look at the triangle area by Albertville, S of I-94. He also explained that Staff had recommended Concept Plan only for Rick Grupa. S. Adjourn by IOPM GENE GOENNER MOTIONED TO ADJOURN THE P.C. MEETING. PATRICK MOONEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MEETING ADJOURNED AT 10:00PM. ARLEEN NAGEL, SECRETARY MINUTES BY: Elaine Beatty, City Clerk/Zoning Adm. - Recording Clerk. File: 2-pr-min.wos N W^eM"** NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 7 March 2000 RE: Otsego - TMH Development - Rezoning/Site Plan Review FILE NO.: 176.02 - 00.05 The Planning Commission held a public hearing at their meeting on March 7, 2000 regarding the above referenced application. The pubic hearing was closed after no comments were received. In reviewing the application, Planning Commission acknowledged the long term plans of the applicant for development of the subject property with high performance standard industrial uses. The Planning Commission was concerned, however, that the lack of a development plan for the subject parcel and a use that would meet the performance standards of the B -W District could result in compatibility issues if the site is ultimately not improved due to unforseen circumstances. The Planning Commission also discussed alternatives for deferring the required improvements, but decided that such arrangements are problematic to enforce. Based upon these factors, the Planning Commission voted 6-1 to recommend denial of the requested rezoning and subsequently voted to deny the proposed site plan 6-1. A related issue that was discussed was the appropriate action for the Planning Commission to take. Generally, rezoning applications are considered legislative actions that the Courts will allow cities greater discretion in approving or denying, whereas applications such as site plan review are more judicial and subject to overturning by the Courts. As such, the 1998 Comprehensive Plan Update includes specific language that states that the land use plan is the anticipated ultimate land use for the planning period. In the interim period, land is to be maintained in A-1 District Zoning until the property owner or developer can demonstrate that it is eligible to be rezoned. The criteria for determining if a parcel is eligible to be rezoned to allow a more intensive land use is outlined in the Comprehensive Plan. Because the Planning Commission was not inclined to approve the proposed site plan becuase of the performance standard issues, the appropriate action is to recommend denial of the rezoning application until a suitable development plan is produced. 5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK. MINNESOTA 55416 PHONE 61 2-595-9636 FAX 612-595-9837 E-MAIL NAC@a WINTERNET.COM In explaining this approach to the Planning Commission, staff used the Otsego Industrial Park as an example of how the City should approach a rezoning request. The development of the Otsego Industrial Park involved applications for rezoning, preliminary plat and site plan review to accommodate a truck terminal use, as well as several other planned industrial lots. The concurrent application for rezoning and preliminary plat approval provided the City with the necessary information to comprehensively evaluate issues such as site grading, storm water drainage, building suitability, septic system locations, well locations, and access in addition to specific site and building plan review. With this present application, the City lacks this level of detailed information pertaining to the long term development of the site, in addition to the issues with the proposed substandard use of the site. As such, the appropriate action is to not rezone the property until a suitable development plan is submitted. A findings of fact consistent with the Planning Commission recommendation has been prepared and is attached for review at the March 13, 2000 City Council meeting. We have also prepared an alternative findings for approval of the application, should that be the direction the City Council chooses to pursue. pc. Mike Robertson Elaine Beatty Andy MacArthur Larry Koshak Michael Day CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA Applicant's Name: TMH Development, Inc. 3-7-00 Zoning Amendment - Denial Findings of Fact & Decision Request: Amendment to the Zoning Ordinance (map) to rezone the property legally described by Exhibit A from A-1 Agricultural Rural Service Area District to B -W, Business Warehouse District to allow for a contractor office/warehouse use. City Council Meeting Date: 13 March 2000 Findings of Fact: Based upon review of the application, the recommendation of the Planning Commission and evidence received, the City Council of the City of Otsego now makes the following findings of fact: 1. The legal description of the property is described on Exhibit A. 2. The property lies within the Sanitary Sewer Service District and is guided for industrial land use by the 1998 Comprehensive Plan Update. 3. The property is zoned A-1, District; Consideration of a Zoning Ordinance amendment (map) to designate the Site as being within the B -W District is necessary to allowfor the proposed use of the site as a contractor office/warehouse. 4. The Planning Commission and City Council must take into consideration the possible effects of the amendment with their judgement based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: A. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The subject site is within the Sanitary Sewer Service District designated by the Comprehensive Plan and is guided for industrial development. The Comprehensive Plan anticipates that this area is to develop with industrial uses that take advantage of the visibility and accessability of the area. These industrial uses are to be developed with high performance standards and connect to municipal sanitary sewer and water service. As the applicant's proposal does not include bringing the site up to conformance with the performance standards for industrial uses or connecting to the sanitary sewer and water systems, the requested amendment may be inconsistent with the Comprehensive Plan. The Planning Commission and City Council m ust consider the following policies discourage rezoning the parcel at this time: Discourage Standards governing industrial development shall be established and enforced. (Policy Plan, P. 51) Industrial development which maximizes the return on City investments in public facilities and services shall be promoted. (Policy Plan, p. 51) Existing industrial development shall be encouraged to hook up to municipal sanitary sewer and water service when available. (Policy Plan, p. 51) B. The proposed use's compatibility with present and future land uses of the area. Finding. It maybe suggested that the conversion of the existing site from residential to industrial use would eliminate potential compatibility problems as other properties in the area develop with planned industrial uses. Conversely, allowing utilization of the existing site may ultimately be an impediment to the City's long term goals for the area by removing incentive for redevelopment that would result in higher valued construction and connection to the sanitary sewer and water system. Allowing the industrial use of a substandard site may prove to be uncharacteristic and incompatible with the City's planned industrial uses over time. C. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: As outlined in the paragraphs that follow, the proposed use of the subject site does not satisfy performance standards for development within the B -W District. The level to which this project meets the required performance standards is even less than those projects approved in the "special" Industrial District. Any approval of the requested rezoning should be conditioned upon all applicable performance standards being satisfied. D. The proposed use's effect upon the area in which it is proposed. Finding: Approval of a zoning amendment to accommodate a reuse of the site in a manner that does not meet the required performance standards and does not connect to sanitary sewer and water service at such a highly visible location may establish undesired precedencies for the area including, similar reuse of other properties or make it more difficult to require adherence to existing performance standards for new or redeveloped sites. The applicant has indicated that the substandard conditions would exist no longer than five years. The primary concern of the City should be that there is no guarantee the site will be redeveloped and/or brought into conformance with applicable standards. The City has in the past allowed deferments of performance standards with property owners along the T.H. 101 corridor based upon the construction of T.H. 101 and planned extension of sanitary sewer and water 2 services. The e�oectation was that the sites were to be improved to meet the Zoning Ordinance requirements at such time as these projects were complete. Such deferments are outside of the Zoning Ordinance and have proven problematic to enforce. Where these past deferments were based upon the T.H. 101 and sewer projects, no such justification exists today. E. The proposed use's impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. The City would receive additional property tax revenue based upon a change from residential to industrial tax ratios. However, because the proposed use of the site does not include required improvements for industrial uses, the substandard site would not be expected to have the value of an industrial development that conformed to these standards. F. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: The subject site has direct access to CSAH 42 which is designated as a minor arterial by the Comprehensive Plan. The capacity of this road should be sufficient to accommodate the conversion from residential to industrial use. However, the access location is offset with the CSAH 42 and 85" Street intersection. The City Engineer and Wright County Highway Department should review the location of the present access and its design for potential conflicts with the CSAH 42185th Street intersection. The Comprehensive Plan calls for eliminating direct access to CSAH 42. To this end, it is anticipated that 85'h Street will be extended east of CSAH 42 to connect to a future north -south frontage road through the planned commercial/industrial area, which would provide local access. Eighty-fifth Street would extended along the north property line of the subject site and would provide an opportunity to divide the parcel into two or three sites, allowing full development potential. G. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Finding: The proposed use is not anticipated to have a negative impact to the City's service capacity. However, because connection to the sanitary sewer and water system is not proposed, the re -use of the site does not support the financing of these systems as anticipated by the Comprehensive Plan. The change to a more intensive use of the site does provide an opportunity to require connection to municipal utilities. 5. The planning report dated 24 February 2000 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 3 6. The memorandum dated 2 March 2000 from the City Engineer, Hakanson Anderson and Associates, Inc., is incorporated herein. 7. The Otsego Planning Commission conducted a public hearing at their regular meeting on 6 March 2000 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 6-1 vote that the City Council deny the amendment (map) based on the aforementioned findings. Decision: Based on the foregoing information and applicable ordinances, the requested amendment (map) is hereby denied based on the most current plan and information received to date. PASSED by the Otsego City Council this 13th day of March, 2000. Attest: CITY OF OTSEGO c By. arty F ier), Mayor Elaine Beatty, Zoning Administrator/City Clerk CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA Applicant's Name: TMH Development, Inc. 3-7-00 Zoning Amendment - Approval Findings of Fact & Decision Request: Amendment to the Zoning Ordinance (map) to rezone the property legally described by Exhibit Afrom A-1 Agricultural Rural Service Area District to B -W, Business Warehouse District to allow for a contractor office/warehouse use. City Council Meeting Date: 13 March 2000 Findings of Fact: Based upon review of the application, the recommendation of the Planning Commission and evidence received, the City Council of the City of Otsego now makes the following findings of fact: 1. The legal description of the property is described on Exhibit A. 2. The property lies within the Sanitary Sewer Service District and is guided for industrial land use by the 1998 Comprehensive Plan Update. 3. The property is zoned A-1, District; Consideration of a Zoning Ordinance amendment (map) to designate the Site as being within the B -W District is necessary to allow for the proposed use of the site as a contractor office/warehouse. 4. The Planning Commission and City Council must take into consideration the possible effects of the amendment with their judgement based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: A. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The subject site is within the Sanitary Sewer Service District designated by the Comprehensive Plan and is guided for industrial development. The Comprehensive Plan anticipates that this area is to develop with industrial uses that take advantage of the visibility and accessability of the area. These industrial uses are to be developed with high performance standards and connect to municipal sanitary sewer and water service. As the applicant's proposal does not include bringing the site up to conformance with the performance standards for industrial uses or connecting to the sanitary sewer and water systems, the requested amendment may be inconsistent with the Comprehensive Plan. The Planning Commission and City Council must consider the following policies that support rezoning the parcel at this time: Support y- The Highway 101 corridor... shall be promoted as the primary focus for industrial development and operations. (Policy Plan, p. 50) Industrial development shall be strongly encouraged to create new job opportunities and expand the local tax base to assist in paying for needed services and reduce tax impacts on housing costs. (Policy Plan, p. 50) B. The proposed use's compatibility with present and future land uses of the area. Comment. The conversion of the existing site from residential to industrial use would eliminate potential compatibility problems as other properties in the area develop with planned industrial uses. C. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: Any approval of the requested rezoning must address all applicable performance standards being satisfied. D. The proposed use's effect upon the area in which it is proposed. Comment: The proposed use would not be anticipated to have a negative impact to the area in which it is proposed. E. The proposed use's impact upon property values of the area in which it is proposed. Comment: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. The City would receive additional property tax revenue based upon a change from residential to industrial tax ratios. F. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The subject site has direct access to CSAH 42 which is designated as a minor arterial by the Comprehensive Plan. The capacity of this road should be sufficient to accommodate the conversion from residential to industrial use. G. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Comment: The proposed use is not anticipated to have a negative impact to the City's service capacity. 2 5. The planning report dated 24 February 2000 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 6. The memorandum dated 2 March 2000 from the City Engineer, Hakanson Anderson and Associates, Inc., is incorporated herein. 7. The Otsego Planning Commission conducted a public hearing at their regular meeting on 6 March 2000 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 6-1 vote that the City Council deny the amendment (map) based on the aforementioned findings. Decision: Based on the foregoing information and applicable ordinances, the requested amendment (map) is hereby approved based on the most current plan and information received to date. PASSED by the Otsego City Council this 13th day of March, 2000. Atte CITY OF OTSEGO By. arty Fa ier, ayor Elaine Beatty, Zoning Administrator/City Clerk ATTACH LEGAL DESCRIPTION HERE EXHIBIT A ORDINANCE NO.: CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR PROPERTY DESCRIBED IN ATTACHED EXHIBIT A. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally described on attached Exhibit A (the "property"). Section 2. The property is hereby rezoned from an A-1 District designation to an B -W District designation. Section 3. The Zoning Administrator is hereby directed to make appropriate changes to the official Zoning Map of the City of Otsego to reflect the change in zoning classification set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 13th day of March 2000. CITY OF OTSEGO arty Foci ier, Mayor ATTEST: Elaine Beatty, Zoning Administrator/City Clerk ATTACH LEGAL DESCRIPTION EXHIBIT A CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA Applicant's Name: TMH Development, Inc. 3-7-00 Site Plan Review - Approval Findings of Fact & Decision Request: Site and building plan review to allow for a contractor office/warehouse use within an existing structure located at 8500 Parrish Avenue NE. City Council Meeting Date: 13 March 2000 Findings of Fact: Based upon review of the application, the recommendation of the Planning Commission and evidence received, the City Council of the City of Otsego now makes the following findings of fact: 1. The legal description of the property is described on Exhibit A. 2. The property lies within the Sanitary Sewer Service District and is guided for industrial land use by the 1998 Comprehensive Plan Update. 3. The property is zoned B -W, District; contractor office/warehouses are a permitted use in said District. 4. The planning report dated 24 February 2000 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 5. The memorandum dated 2 March 2000 from the City Engineer, Hakanson Anderson and Associates, Inc., is incorporated herein. 6. The Otsego Planning Commission considered the application at their regular meeting on 6 March 2000. Upon review of the application and evidence received, the Otsego Planning Commission recommended by a 6-1 vote that the City Council deny the site and building plans based on the aforementioned findings. Decision: Based on the foregoing information and applicable ordinances, the requested site and building plans are hereby approved based on the most current plan and information received to date, subject to the following conditions: 1. Access to CSAH 42 is subject to review and approval of the City Engineer and Wright County. 2. The applicant submit a site plan illustrating the location and design of required off-street parking areas, including number of stalls, dimensions, surfacing, curb and landscaping in conformance with Section 22 of the Zoning Ordinance, subject to City Staff review and approval. 3. The applicant submit building elevations and floor plans to verify compliance with the building area, height, material and parking requirements of the Zoning Ordinance, subject to review and approval of City Staff. 4. All trash shall be stored within the principal building or within an enclosure approved by the Building Official. 5. All exterior signage shall require approval of a sign permit, subject to review and approval of the Zoning Administrator. 6. a. The subject site connect to available City sanitary sewer and water service; or, b. The existing septic and well systems are subject to review and approval of the City Engineer. 7. All grading, drainage and easement issues are subject to review and approval of the City Engineer. 8. The applicant enter into a development contract and post appropriate securities for clean- up of existing outdoor storage and installation of any deferred improvements. PASSED by the Otsego City Council this 13th day of March, 2000. Attest: CITY OF OTSEGO By - 4a arry Fo 'er, Mayor Elaine Beatty, Zoning Administrator/City Clerk 2 6,l Pm=ROF R9J �� Direct Digital Controls Proposed Use OF swiggum 8500 Parrish Avenue, Otsego, MN 55330 q2 lmp 3200 Main Street Suite #310 Coon Rapids, MN 55448-1161 Phone (612) 576-0083 Fax (612) 323-9704 Table of Contents 7-30510 Reorder No. 1 Proposed Verses 2�I Existing NM Ej DDC Existing Location DDC Growth Property Elevation Concept Plan F7 w r r Dp IP Z MIfS� 32,00 aye !-%W xtE1A%m y 0m®m EtApyms9 MEN (763) 576-,009M ETQ3) 323-STQJ4-1- Paz Swiggum Property Overview CLEANUP OF ALL EXTERIOR MATERIALS PRIOR TO CLOSING. BRINGING A WELL ESTIBLISHED $1.7M HIGH TECHNOLOGY CONSTRUCTION COMPANY INTO OTSEGO. CONVERSION OF PROPERTY TO COMMERICAL USE. CONSTRUCTION OF NEW BUILDING BY JULY 1, 2005. CONNECTION TO CITY SEWER AND WATER FOR ANY NEW BUILDING. PAVED PARKING LOT WITH CURB FOR ANY NEW BUILDING. GUARANTEED DEMOLITION OF EXISTING BULIDING BY lu AUGUST 31 ST, 2005 d ➢ IMMEDIATE MARKETING OF PROPERTY FOR ADDITIONAL TENANTS AND OR LOT SALE. ➢ AGREEMENT TO GRANT EASEMENT ON NORTH SIDE OF LOT FOR EXTENSION OF 85T" WITH SEWER AND WATER LINES. �➢ AGREEMENT TO PREPAY WATER AND SEWER ACCESS CHARGES. r 4 CLEANUP OF ALL EXTERIOR MATERIALS PRIOR TO CLOSING. All exterior and interior loose materials will be removed prior to closing by a clause of the purchase agreement. No exterior loose material will be stored outside of the building when occupied by Direct Digital Controls (we do have two trailers, one two wheel and one four wheel and there may by one to two vehicles from time to time). Vehicles or trailers that are not functional or not licensed will not be on the property. BRINGING A WELL ESTIBLISHED $1.7M HIGH TECHNOLOGY CONSTRUCTION COMPANY INTO OTSEGO. Direct Digital Controls was established in 1976 as Dick's Electric. Since 1988 we have been known as Direct Digital Controls. Mr. Day purchased the company in 1993 and has presided over its strong recovery from lack luster performance from 1983 to 1992. Sales have grown by 183%, value of the company has grown by 755% and profits are up to 9.47% pre tax verses (-3.83%) in 1992. Direct Digital Controls now employs 17 people with 4 normally at the office and 13 in the field. Sales for 1999 were $1.7 Million, projected sales for 2000 are $2.22 Million. CONVERSION OF PROPERTY TO COMMERICAL USE. With the requested rezoning the current Residential/Agricultural use will be converted to a Commercial use with future development and construction of new commercial structures. CONSTRUCTION OF NEW BUILDING BY JULY 1. 2005. We will construct and occupy a new building on this site by July 1, 2005. Our best estimate of when the new building will be built and occupied is the fall of 2002. 1W CONNECTION TO CITY SEWER AND WATER FOR ANY NEW BUILDING. With any new construction on the site the new building will be connected to city sewer and water. PAVED PARKING LOT WITH CURB FOR ANY NEW BUILDING. With an new construction on the site the new building will have a paved parking lot with curbing. Y g P p g GUARANTEED DEMOLITION OF EXISTING BULIDING BY AUGUST 31sT. 2005 The existing structure will be demolished by August 3151, 2005 or when Direct Digital Controls moves into a newly constructed building on site. No other tenant will be allowed to occupy the existing structure after Direct Digital Controls departure. Today Properties (Owner) and Direct Digital Controls (Tenant) agree to vacate the existing structure on August 31'- 2005, without further review, protest or legal action. Owner and Tenant wave all rights to legal proceedings, to the extent allowed by law, regarding the vacation and demolition of the S%N,igguin property. The only authority recognized to have control of the existing structure. after August 315', 2005, is the City Council of Otsego. if All expenses related to the demolition of the existing structure will be the responsibly of Owner. This above agreement should not affect the valuation of the building for the purpose of condemnation or in consideration of assessments due to new road construction (this will require the removal of the building or granting of a variance of approximately 25'). Owner reserves the option of selling the existing structure and moving it off site. If the building is not vacated and removed by August 3151, 2005 then the Owner agrees to provide a letter of credit in the sum of $15,000 to the City of Otsego (City) for the express purpose of covering any city legal or administrative expenses associated with the forced vacation and removal of the existing structure. Any excess funds will be the property of the Owner. If a letter of credit is not provided the Owner authorizes the City to assess the property for the full expense of forced vacation and removal plus 10%. IMMEDIATE MARKETING OF PROPERTY FOR ADDITIONAL TENANTS AND OR LOT SALE. We are currently canvassing our contacts for companies looking for rental space or building sites. Following the closing we will advertise for the same. We will be vigorously pursuing additional businesses to further our plan to build a larger building. Subdividing and selling one or two lots or locating an additional business to rent will allow the construction of a new building. AGREEMENT TO GRANT EASEMENT ON NORTH SIDE OF LOT FOR EXTENSION OF 85T" WITH SEWER AND WATER LINES. Owner agrees to grant an easement for the purpose of a right of way for the extension of 85`h. Owner is willing to participate in the cost of the road construction with consideration for the value of the land granted for easement and the value of the existing structure which will need to be removed. This road also has a strong public use as it will provide access to the inner properties from County Road 42 via the extended 85`h see addendum A. AGREEMENT TO PREPAY WATER AND SEWER ACCESS CHARGES. Owner agrees to prepay sewer and water access charges for one building. The actual connection to the sewer and water systems would occur with the construction of a new building. The following paragraph is an alternate that could replace the final paragraph in item "Guaranteed demolition of existing building by August 31 ", 2005". Owner grants an easement covering the site of the existing building, city agrees to vacate the easement when the building is demolished. ------------- FUTURE CONCEPT PLAN FOR: T. M. H. DEVELOPMENT 0 60 120 180 SCALE: I INCH = 60 FEET lolµ ME. Q10Y0 ftM, TK YM?•. M3 FEET W IK K OF W M l/. W WCT.O 22. Flo-, i2.. .0 23, MO IK n . "3'[1' 'K KSI t/3 MOOS OF WWW L01 S. KCIW 23. lo—� 1, .—E 23 WRT.c.ollW 6 4" DAT- "o,"D 1, O1001 *D I[" IL= ELCWAIn&Ua :=� FL" ft VAT� "I K 15 KIT E. 7 — THE W TEM ftCW CLCVAT. -c St LL. Tt yi —7� T LOT I LOT LDT 4 ci 0 60 120 180 SCALE: I INCH = 60 FEET lolµ ME. Q10Y0 ftM, TK YM?•. M3 FEET W IK K OF W M l/. W WCT.O 22. Flo-, i2.. .0 23, MO IK n . "3'[1' 'K KSI t/3 MOOS OF WWW L01 S. KCIW 23. lo—� 1, .—E 23 WRT.c.ollW 6 4" DAT- "o,"D 1, O1001 *D I[" IL= ELCWAIn&Ua :=� FL" ft VAT� "I K 15 KIT E. 7 — THE W TEM ftCW CLCVAT. ------------- x —7� T LOT I LOT LDT 4 -3.3 LfE OT 3 8 lb 0 C .. ......... 24o.00 2.o w ------------- 861.8 / 1 I I Ian." x 858.9 1 j I \ 6 Acers Above 100 Year Flood Plane (861 ft) = 3.93 indicated by small squares. Acers Less Front Easement = 13.28 indicated by large squares. Total Acers = 14.19 c x x 861.4 q'� x 0 x x 860. es7 I i t ' 233 01 x BSB.4 x 860 x 865.2 I x 858.4 x 860.9 ® 1 x I413 x X 857.0 I\ m x x 864,4 — — 6 Acers Above 100 Year Flood Plane (861 ft) = 3.93 indicated by small squares. Acers Less Front Easement = 13.28 indicated by large squares. Total Acers = 14.19 c % Growth DIRECT DIGITAL CONTROLS 7241 County Road 116, Corcoran, MN 55340 0Mce (612) 478-8600 FAX (612) 478-8605 December 9, 1999 AI.E�T'ON Regarding: Leased Property at 7241 County Road 116. MC' OM5, INC, The following repairs and improvements are necessary for us to engage in a long term lease agreement. 1) Window Awnings on the East and North sides — Navy Blue. 2) Overhang on the south side (like building on NW corner of 116 and larkin). 3) Gutters along the south side. 4) Pave the driveway. 5) Sod in front yard with sprinkler system. 6) Replace the overhead garage door. 7) Replace the front door and add a dead bolt lock. 8) Replace the service door and add a dead bolt lock. 9) Sump pump added to front entry. 10) Removal of fuel storage tank. 11) Provide fresh air for occupants of the front office. 12) Provide fresh air for occupants of the back office. 13) Replace the back unit heater with a new furnace to serve the back office and 30% of the current wharehouse (will be converted to offices). 14) Add three additional windows to the north side with awnings (within 2 years). 15) Eliminate odor coming from the back tenant. 16) Provide water fauct outside. 17) Fence in the garbage containers. 18) Provide proper drainage for north and east sides (drain tile or sump pump). 19) Replace existing water holding tank (leaks air and is falling off of wall). 20) Insulate the ductwork in the attic. 21) Convert more of the attic area for storage. 22) Provide humidifiers for comfort and static elimination. Sincerely, Michael J. Day President Page 1 of 1 LiR_1587241 CORd tie Leue RwurmVM d= `= DIRECT "i . DIGITAL CONTROLS ^241 Cotmt�' Road 116, Corcoran. nL1 5E340 Office (612) 478-8600 F.kX (612) 478-860 ,4Lcr� I LWJN 'rC►1N!,�'�C1L5, !NC, Previous Condition of Direct Digital Controls As of October 7. 1994 Page 3 of 3 ooc Enriwp conauw.ax .�..,,..�.r�--•.,�.,_..�.t.,..._.._......-.-�.r_ __ ._..._.- . � -- - .. , _.. ., _.....r...�.a..�a....•-Y... ., r..,_. .....r--•A:,dye.-n.:.Y...ac�-v--�. DIRECT DIGITAL CONTROLS 7241 Cowity Road 116, Corcoran. NLN 55340 orrice (612) 478-8600 FAX (612) 478-8605 r7i UN INC, Existing Location of Direct Digital Controls DDC Ewstrq Cad"—.tlso r - I DIRECT DIGITAL CONTROLS ?241 County Road 116. Corcoran. Ate' 55340 Office (612) 4'8-8600 FAS (612) 4"8-8605 �4Vcrmt N Tr1, GWMe5, INC, Existing Location of Direct Digital Controls As of March, 13-2000 Page 1 of 3 DDC EmWV COrObmcdw �tw�/sw+}-+�.rft :Yf�'•Y�1�m.+w•�w�1�+�..Rt� ).�'rt.... J'1�..-.�^i>y .,Trf.' r.. '. •r "��1fT�J�%�i �.0 .. madRa sea am*n MAZAM =41 a Existing Condition Proposed Condition i�� a „�r A. r.`• ., .� r:�:. x.'��34G:itYNSAI.�'. /�.�.'�•�-. .. i NORTHWEST ASSOCIATED CONSULTANTS F1 N kCGINCOMMUNITY PLANNING - DESIGN - MARKET RESEARCH t!-* MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 21 March 2000 RE: Otsego - The Pointe; Preliminary Plat FILE NO.: 176.02 - 00.09 Please be advised that the Planning Commission held a public hearing on March 20, 2000 to consider the above referenced project and related applications. No comments were received of the public. The Planning Commission discussed the intensity of the proposed townhouse units, in particular the Village homes to the east side of the Quaday Avenue extension. As - noted in the Planning Report, this portion of the project lacks the necessary area based upon the minium lot area per unit requirements of the R-7 District. Staff noted that the applicants are providing significant public improvements in the form of extending sewer to the property and construction of Quaday Avenue and 72"d Street, as well as providing building designs that exceed the minimum requirements of the Zoning Ordinance. In recommending approval of the site and building plans, the Planning Commission members provided direction that some flexibility on the lot area issue may be considered if additional landscaping were provided adjacent to the various structures. The applicant said that they would work with staff prior to their next submission to refine the suggestions of the Planning Commission. The Planning Commission, in three separate motions, voted unanimously 7-0 to recommend approval of the Comprehensive Plan amendment, rezoning and PUD- CUP/preliminary plat applications. Applicable resolutions, Ordinances and findings are attached for consideration by the City Council at their meeting on March 27, 2000. PC. Mike Robertson Elaine Beatty Andy MacArthur Larry Koshak 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9637 RESOLUTION NO.: 00 - CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO INCLUDE THE ENTIRE PARCEL DESCRIBED BY ATTACHED EXHIBIT A WITHIN THE SANITARY SEWER SERVICE DISTRICT. WHEREAS, the parcel legally describe by attached Exhibit A is partially within the Sanitary Sewer Service District established by the 1998 Comprehensive Plan Update; and, WHEREAS, the City has received a request from Pulte Homes of Minnesota, Corporation for approval of a PUD -CUP and preliminary plat for development of the entire parcel with residential townhouse uses served by the City sanitary sewer and water services; and WHEREAS, the developer has requested a Comprehensive Plan amendment to expand the Sanitary Sewer Service District to include the entire parcel described by Exhibit A; and, WHEREAS, the 1998 Comprehensive Plan Update outlines specific criteria that must be satisfied for the Planning Commission and City Council to expand the Sanitary Sewer Service District as follows: a. Land to be included in the sanitary sewer service district is not "green acred" or enrolled in an agricultural preservation program. b. The land lies within one-quarter mile of the existing sanitary sewer service district boundary or presents environmental problems that can be alleviated by the delivery of City water and sewer service. C. The land is located within the designated urban service area reserve. d. The potential sewer discharge of the land area to be included is within available capacity limits. e. The developer shall hold the City harmless should limitations on sewer hookups be imposed. f. The developer and/or benefitting property owners assume the significant majority of improvement/service costs. g. The land does not qualify as a premature development or subdivision as regulated by the City's Subdivision Ordinance. h. Inclusion of the land in the sanitary sewer service district is necessary to achieve a five year supply and respond to a shortage of land to which service is available. Commercial/industrial development and requests for service to existing, unsewered residential areas shall be given priority over new residential development for service district expansion requests. WHEREAS, the Otsego Planning Commission conducted a public hearing, at their regular meeting on 20 March 2000, to consider the request, preceded by published and mailed notice and, upon review of the application and evidence received closed the public hearing and recommended by a 7-0 vote that the City Council approve the amendment of the 1998 Comprehensive Plan Update to include the entire parcel described by Exhibit A within the Sanitary Sewer Service District, based upon a finding that the amendment is consistent criteria established by the Comprehensive Plan. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO THAT; the request to amend the 1998 Comprehensive Plan Update to include the entire parcel described by Exhibit A within the Sanitary Sewer Service District is hereby APPROVED. ADOPTED by the City Council of the City of Otsego this 27th Day of March 2000. CITY OF OTSEGO AN Larry Fournier, Mayor ATTEST: Elaine Beatty, Zoning Administrator/City Clerk . 2 CITY OF 3'21-00 O O T S E G WRIGHT COUNTY, MINNESOTA Zoning Map Amendment Findings of Fact & Decision Applicant's Name: Pulte Homes of Minnesota, Corporation. Request: Amendment to the Zoning Map to rezone the property described by Exhibit A from A-1, Agriculture Rural Service District to R-7, Residential High Density District to allow for development of residential townhouse uses. City Council Meeting Date: 27 March 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 land use by the 1998 Comprehensive Plan Update. 3. The property is zoned A-1 District; Development of townhouses as proposed by the applicant requires consideration of a Zoning Map amendment to designate the property as being within the R-7 District. Residential townhouse uses are a permitted use in the R-7 District. 4. The Planning Commission and City Council must take into consideration the possible effects of the conditional use with their judgement based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: A. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The subject parcel is within the SSSD and is guided for medium to high density residential uses, which are defined by the Comprehensive Plan as those residential developments with a gross density of five or more units per acre. The proposed residential portions of the project has a gross density of 7.89 units per acre. The Comprehensive Plan also anticipates that the northeast quadrant of CSAH 7 and Quaday Avenue extension would be developed with a limited scale commercial use to serve neighboring commercial uses. The submitted preliminary plat includes a separate lot for a future commercial use. Until an development application is submitted, this lot will remain in A-1 District Zoning and should be platted as an outlot, , consistent with the Interim Land Use Plan. Overall, the proposed development is consistent with the provisions of the Comprehensive Plan, including the following policies: Sufficient housing options to meet the needs of all segments of the population, including the handicapped and elderly through life -cycle housing shall be provided. Development of... townhouses, quadraminiums and condominiums to supplement existing conventional single family homes shall be recognized, giving due consideration to local market demands. B. The proposed use's compatibility with present and future land uses of the area. Finding. The Comprehensive Plan anticipates the medium-high density use of the site and further urban development in the area. In the interim, the proposed use would be anticipated to be consistent with the C. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The use will be required to comply with applicable performance standards evaluated in the following paragraphs. D. The proposed use's effect upon the area in which it is proposed. Finding: The proposed use represents a broadening of the housing stock available in Otsego. The demographic information provided by the applicant suggests their product is highly attractive to young families or empty -nester households, which lack housing options in Otsego. These options are highly positive in that it broadens the City's demographics in support of employers, retail and service businesses and institutions. E. The proposed use's impact upon property values of the area in which it is proposed. Finding. Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. F. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: The proposed use is to have adequate access from an extension of Quaday Avenue, as well as 72id Street primarily via private internal streets. A cul-de-sac is proposed to serve the commercial property as well as provide additional access to the higher density "Village Homes" on Lot 15, Block 2. G. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Finding: The development of 360 units on the subject property may increase the need to eVand the WWTP, although only those uses that have paid for service as part of a final plat approval are guaranteed. 5. The planning report dated 15 March 2000 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 6. The engineering review dated March 2000 from the City Engineer, Hakanson Anderson and Associates, Inc., is incorporated herein. 7. The Otsego Planning Commission conducted a public hearing at their regular meeting on 20 March 2000 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the Zoning Map amendment based on the aforementioned findings. Decision: Based on the foregoing information and applicable ordinances, the requested Zoning Map amendment is hereby approved based on the most current plan and information received to date. PASSED by the Otsego City Council this 27th day of March, 2000. Attest: CITY OF OTSEGO M Larry Fournier, Mayor Elaine Beatty, Zoning Administrator/City Clerk 3 ATTACH LEGAL DESCRIPTION HERE EXHIBIT A ORDINANCE NO.: CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR PROPERTY INCLUDED AS PART OF THE PRELIMINARY PLAT OF THE POINTE. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally described on attached Exhibit A (the "property"). Section 2. The property is hereby rezoned from An A-1, Agricultural Rural Service District designation to a R-7, Residential High Density District designation. Section 3. The Zoning Administrator is hereby directed to make appropriate changes to the official Zoning Map of the City of Otsego to reflect the change in zoning classification set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 27th day of March 2000. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Elaine Beatty, Zoning Administrator/City Clerk ATTACH LEGAL DESCRIPTION HERE EXHIBIT A CITY OF OTSEGO 3-21-00 WRIGHT COUNTY, MINNESOTA PUD -CUP & Preliminary Plat Findings of Fact & Decision Applicant's Name: Pulte Homes of Minnesota. Corporation. Request: Application for approval of a PUD -CUP and preliminary plat entitled "The Pointe" for development of 360 townhouse units and one outlot for future commercial development. City Council Meeting Date: 27 March 2000 Findings of Fact: Based upon review of the application, the recommendation of the Planning Commission and evidence received, the City Council of the City of Otsego now makes the following findings of fact: 1. The legal description of the property is described by attached Exhibit A. 2. The property lies within the Sanitary Sewer Service District and is guided for medium-high density residential land use by the 1998 Comprehensive Plan Update. 3. The property is zoned R-7, Residential High Density District; Residential townhouse uses are a permitted use in the R-7 District. 4. Section 20-17-10 of the Zoning Ordinances requires that townhouse developments be platted in a base/unit lot configuration as part of a planned unit development. 5. The Planning Commission and City Council must take into consideration the possible effects of the conditional use with their judgement based upon (but not limited to) the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: A. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The subject parcel is within the SSSD and is guided for medium to high density residential uses, which are defined by the Comprehensive Plan as those residential developments with a gross density of five or more units per acre. The proposed residential portions of the project has a gross density of 7.89 units per acre. The Comprehensive Plan also anticipates that the northeast quadrant of CSAH 7 and Quaday Avenue extension would be developed with a limited scale commercial use to serve neighboring commercial uses. The submitted preliminary plat includes a separate lot for a future commercial use. Until an development application is submitted, this lot will remain in A-1 District Zoning and should be platted as an outlot, , consistent with the Interim Land Use Plan. Overall, the proposed development is consistent with the provisions of the Comprehensive Plan, including the following policies: Sufficient housing options to meet the needs of all segments of the population, including the handicapped and elderly through life -cycle housing shall be provided. C�I Development of... townhouses, quadraminiums and condominiums to supplement existing conventional single family homes shall be recognized, giving due consideration to local market demands. B. The proposed use's compatibility with present and future land uses of the area. Finding. The Comprehensive Plan anticipates the medium-high density use of the site and further urban development in the area. In the interim, the proposed use would be anticipated to be consistent with the C. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The use will be required to comply with applicable performance standards evaluated in the following paragraphs. D. The proposed use's effect upon the area in which it is proposed. Finding: The proposed use represents a broadening of the housing stock available in Otsego. The demographic information provided by the applicant suggests their product is highly attractive to young families or empty-nesterhouseholds, which lack housing options in Otsego. These options are highly positive in that it broadens the City's demographics in support of employers, retail and service businesses and institutions. E. The proposed use's impact upon property values of the area in which it is proposed. Finding. Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. F. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: The proposed use is to have adequate access from an extension of Quaday Avenue, as well as 72nd Street primarily via private internal streets. A cul-de-sac is proposed to serve the commercial property as well as provide additional access to the higher density Village Homes" on Lot 15, Block 2. G. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the city's service capacity. Finding: The development of 360 units on the subject property may increase the need to expand the WWTP, although only those uses that have paid for service as part of a final plat approval are guaranteed. 5. The planning report dated 15 March 2000 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 6. The engineering review dated March 2000 from the City Engineer, Hakanson Anderson and Associates, Inc., is incorporated herein. 7. The Otsego Planning Commission conducted a public hearing at their regular meeting on 20 March 2000 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the PUD -CUP and preliminary plat entitled The Pointe based on the aforementioned findings. Decision: Based on the foregoing information and applicable ordinances, the requested PUD - CUP and preliminary plat of The Pointe is hereby approved based on the most current plan and information received to date, subject to the following conditions: Approval of the Preliminary Plat does not guarantee access to sanitary sewer service. The City shall only guarantee such service to approved final plats with signed contracts or through a financial commitment for such service to assure the City of timely development. 2. Proposed access to Quaday Avenue shall be subject to review and approval of the City Engineer. 3. 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. 4. Access is extended to the west property line of Lot 15, Block 1 to allow for future street connections. 5. The site plan is revised to provide off-street parking for guest users. 6. The City Council hold a required public hearing to consider vacation of Parson Avenue, subject to review and comment by the City Engineer. 7. The site plan is revised as necessary to conform with the lot area per unit requirements of the R-7 District. 8. The site plan is revised to provide a 65 foot setback from Quaday Avenue and all internal setbacks shall be equal to one-half the sum of adjacent building heights. 3 9. No proposed building shall exceed 3 stories or 35 feet, subject to City Staff review ars, approval. 10. The applicant extend trunk sewer service at their cost to serve the project, subject to review and approval of the City Engineer. 11. The preliminary plat is revised to provide unit lots for each individual dwelling unit. 12. All grading, drainage and easement issues are subject to review and approval of the City Engineer. 13. The applicant pay applicable park dedication fees in lieu of land at the time of final plat approval. 14. The applicant enter into a development contract upon approval of a final plat and post all required securities, subject to review and approval of the City Attorney. 15. Comments of other City Staff. PASSED by the Otsego City Council this 27th day of March, 2000. CITY OF OTSEGO Larry Fournier, Mayor Attest: Elaine Beatty, Zoning Administrator/City Clerk 4 Hakanson Anderson Assoc., Inc. ,vil & Municipal Engineering Land Surveying CITY OF OTSEGO CITY ENGINEER COUNCIL AGENDA ITEMS COUNCIL MEETING 3/27/99 ITEM 7.1 DISCUSSION OF SANITARY DRAINAGE ISSUES RELATED THE "POINTE" (BIG ED'S LAND). 3601 Thurston Avenue Suite 101 Anoka, Minnesota 55303 763/427-5860 763/427-0520 Fax SEWER AND STORM WATER TO CONSIDERING APPROVAL OF Attached are two reports for basis of discussion: A. Trunk Sanitary Sewer and Collector Street Issues B. Storm Water Drainage Issues ITEM 7.2 ANY OTHER ENGINEERING BUSINESS City Engineer Agenda Items Page 1 of 1 \\Ha01\Shared Docs\Municipal\AOTSEGO\901\ot901agenda3-27-99.doc Hakanson Anderson Assoc., Inc. ..evil & Municipal Engineering Land Surveying MEMORANDUM 3601 Thurston Avenue Suite 101 Anoka, Minnesota 55303 763/427-5860 763/427-0520 Fax TO: Honorable Mayor and City Council FROM: Lawrence G. Koshak, P.E., City Engineer cc: Mike Robertson, Administrator Elaine Beatty, Clerk Dan Licht, NAC Andy MacArthur, Attorney DATE: March 22, 2000 RE: Trunk Sanitary Sewer and Collector Street to serve the "Pointe" 1. Sanitary Sewer Present Situation Under the 78th Street and Quaday Avenue sewer project construction, a 12 -inch trunk sanitary sewer was stubbed out to the south in Quaday Avenue. That pipe is a larger size than the Comprehensive Sewer Collection Study determined. The pipe is also set about 2 feet lower than the plan called for at our direction. The invert of the 12" Trunk Sewer is 843.95 and the top of the road is 864.9. The stub is extended far enough to the south so that if and when it is extended, the construction should not interfere with Quaday Avenue/78th Street Intersection. Comprehensive Sanitary Sewer Collection Plan In the 1997 Comprehensive Sewer Plan, gravity service was proposed in Quaday Avenue to ultimately service properties to the south between 62nd St. and 65th Street on the east and west side of TH #101. See the attached exhibit E2 that shows both sides of TH 101 being serviced. The pipe size in Quaday was proposed at 10 inches and would serve an estimated 836 REC's. The maximum density of 4 REC's per acre was used for median to high density residential The Pointe, proposed by Pulte Homes (Big Ed's property) is proposed for multiple residential was not included in the Phase I service area as shown on an exhibit entitled Trunk Sewer and Water Phase I Service Area. Proposed Conditions Pulte Homes is proposing 360 REC's units on Big Ed's property. In addition to this plat, the property on the south side of CSAH 37 under Mining Permit #7 proposed 200 townhome type units. Just in these two proposed developments, \\Ha01\Shared Docs\Municipa1\A0TSEG0\2211\ot2211cc1.doc 2. there would be 560 units which account for approximately 85 acres. In the Comprehensive Sewer Plan the E-2 area consists of both east and west sides of TH 101, is approximately 265 acres and the plan calls for a future residential area of about 700 REC units. It appears that 1/3 of the land is requesting to use about 80% of the planned capacity in planning area E-2. Other areas of this subdistrict may also request in the future similar type density for residential property. Possible Solution If the east side of TH 101 capacity was transferred to another trunk system, it would relieve E-2 of approximately 300 REC units. The transferred area could be pumped by a lift station south to a future trunk line that would connect directly into the Wastewater Treatment Plant. The 12" sewer line is capable of a flow equivalent to 785 REC's at the intersection of 78th Street and Quaday Ave. This assumes no hookup from the land east of Quaday Ave. directly into 12" line. There is a separate stub easterly for that purpose at the same intersection. The second alternative is to deny the proposed residential densities and allow the density shown in the Comprehensive Plan. The estimated project cost of constructing the 12" Sanitary Sewer from 78th Street to the Pointe plat is estimated at $350,000. This cost estimate only installs the trunk sewer and does not include a new street section. The street would be restored and graveled to its present section. The above cost includes easement acquisition and restoration. Collector Street Quaday Ave. is planned as a minor collector street and is in the State Aid program for funding. Currently all State Aid Funds allocated to the city are being used on Odean Avenue and 78th Street and Page Ave. projects. Fundings availability for the construction of Quaday Ave. between CSAH #37 and 78t Street is unlikely for several years at least. Other streets such as 851h Street from Page Ave. to Nashua Ave. may have higher priority. Any portion of Quaday Ave. would likely need to be built and paid for, at least in part if- not entirely, by the developer or through the road access fund. The construction of a portion of Quaday Ave. in the proposed plat would be required by the developer. The rest of Quaday Ave. could at this time, assuming no further development in the area, be restored to the existing gravel street. Hakanson I III Anderson Assoc., Inc. \\Ha01\Shared Docs\Municipa1\A0TSEG0\2211\ot2211cct.doc GTS no N `! ' MI�SISSIi'Pi _ tgl0 'S Ad TION y 9 O 2nd S . ST. Q D o C7 yU 7Sl S GyD 91st CIR. E Qec� pLUDE T� � y Q ' Sw ADOITIOH o a N 9 th ST ADDOpH Q BARTHEL ACRES z S. F S N a9th T. 1 MIS 5 1 LJ 16 71h T > a 8fh SIRE i ¢ z w o NE 8 th ST. w 8 th (,_ii— ,o ¢ ¢ z z U U 3rd I LJ 5 ° w �6 Aqq� 70 1 110 Z x w 'th a 1 w � a z Z a ST 1 ITION y UjMill1 Z 1 85th ST 221 2 e Td sr. 46 2 11 2 20 Y Z WJE n U ¢ z e s� ---s,, TI S2 100 w D' 0 IN CITY OF OTSEGO TRUNK SEWER AND WATER PHASE 1 SERVICE AREA FEB 1999 r z 0 vi z NOT PHASE I 120 Q I ROVER BEND MOBIL HOME 01 nail g85 rr ot,, 3 141 193 VO 8111 � 103 I I I I V w+I. I 129 I I I 26 900 1 873.5 Y Y 33 C I I I LEGEND GENERAL NOTE: ALL GRAVITY LINES 8" DIAMETER UNLESS OTHERWISE NOTED. 1997 COMBINED PLAN CITY OF OTSEGO, MINNESOTA SUBDISTRICT EAST -2 MARCH 2000 o LIFT STATION — GRAVITY SEWER —� FORCEMAIN \ AREA NUMBER & BOUNDARY ESTIMATED FUTURE REC'S ESTIMATED EXISTING REC'S /rcf", GROUND/INVERT ELEVATIONS SEWER DISTRICT SEWER SUBDISTRICT \OT221 1\OT221 1 FX2. WC I� JJ s90 0 ----- 881 2 .:�.-16►'�F�a�. - _.a I I 'fir u:. .„ au; ic: ea1 .uri w � ae tai iu 90 1 1 910 896.0 901 u l I 1 9 i 930 cn 1 917 Z40 16 918. 934 909 r 919.5 a 921 ,II C49 N I wommaim 4 9 - 960 950 H C I I I LEGEND GENERAL NOTE: ALL GRAVITY LINES 8" DIAMETER UNLESS OTHERWISE NOTED. 1997 COMBINED PLAN CITY OF OTSEGO, MINNESOTA SUBDISTRICT EAST -2 MARCH 2000 o LIFT STATION — GRAVITY SEWER —� FORCEMAIN \ AREA NUMBER & BOUNDARY ESTIMATED FUTURE REC'S ESTIMATED EXISTING REC'S /rcf", GROUND/INVERT ELEVATIONS SEWER DISTRICT SEWER SUBDISTRICT \OT221 1\OT221 1 FX2. WC If I �0 13� i q360 0 4 096) fi 5 Z �1 s �1P :w o w wo NF M FEET GENERAL NOTE: ALL GRAVITY LINES 8" DIAMETER UNLESS OTHERWISE NOTED. PROPOSED WEST SIDE CITY OF OTSEGO, MINNESOTA cu SUBDISTRICT EAST -2 MARCH 2000 cu LEGEND 0 LIFT STATION --- GRAVITY SEWER FORCEMAIN \ AREA NUMBER & BOUNDARY ESTIMATED FUTURE REC'S ESTIMATED EXISTING REC'S GROUND/INVERT ELEVATIONS \OT2211\OT2211EX2.DW( 85 _ Ir 891 I� 866 3 jl _I. 914 ] 891 I 'F 89 I , 906.0 897 I �irmso-,w ISI I qy— — 9 I .1 �I 90 I w r. N z I I I� 918. 909 - W �EO _ 911 r, I 4I ISI I� II N I i I I LEGEND 0 LIFT STATION --- GRAVITY SEWER FORCEMAIN \ AREA NUMBER & BOUNDARY ESTIMATED FUTURE REC'S ESTIMATED EXISTING REC'S GROUND/INVERT ELEVATIONS \OT2211\OT2211EX2.DW( r VA i i / x o4- - s -E IN GENERAL NOTE: ALL GRAVITY LINES 8" DIAMETER UNLESS OTHERWISE NOTED. 1997 COMBINED PLAN CITY OF OTSEGO, MINNESOTA co D SUBDISTRICT EAST -2 MARCH 2000 I LEGEND 0 LIFT STATION - GRAVITY SEWER -»- FORCEMAIN \ AREA NUMBER & BOUNDARY ESTIMATED FUTURE REC'S ESTIMATED EXISTING REC'S E° GROUND/INVERT ELEVATIONS SEWER DISTRICT SEWER SUBDISTRICT 11\OT2211EX2.DWG Hakanson 3601 Thurston Avenue Anderson Suite 101 Assoc., Inc. Anoka, Minnesota 55303 763/427-5860 vil & Municipal Engineering 763/427-0520 Fax Land Surveying TRUNK STORM SEWER FACILITIES ALTERNATIVES "Pointe" by Pulte Homes INTRODUCTION The purpose of this study is to determine the most feasible alternative for providing trunk storm sewer facilities to the proposed development — "The Pointe" — which is located just south of 72nd Street and west of Trunk Highway 101. The study area was expanded to the Ralph Lavedure property and to the Tower Site/Mining Permit #7 because it is anticipated that these sites will develop within the next five years. The trunk storm sewer which is proposed along Quaday Avenue will also serve as the outlet for the VFW property and Quaday Avenue drainage. After consideration of several scenarios, it was concluded that the drainage for the three properties should be conveyed to the Lefebvre Watershed. At total of six alternatives were considered. BACKGROUND The other two points of discharge for stormwater drainage that were considered included discharging to the Rice Lake -Foster Lake Watershed system to the south, or across TH 101 to the east. To discharge to the Rice Lake system, approximately 3/4 of a mile of ditch cleaning would have to be performed along with securing approximately 9 acres of easement and wetland permitting. This option was not considered economically feasible, and would require more complicated permitting issues because the discharge would be conveyed to an environmentally sensitive area. Discharging to the ponding system east of TH 101 would require jacking additional storm sewer pipes under TH 101, obtaining drainage easements for ponding areas and constructing an outlet from the ponding system to the Mississippi River. Based on pond and site grades, this option could only serve as the outlet for The Pointe and the Tower Site. In our opinion, this system should be considered for an outlet when development occurs east of TH 101. Based on the discussions above, it is our opinion that the site drainage should be conveyed to the Lefebvre Watershed with a trunk storm sewer system constructed along Quaday Avenue. This option would add approximately 150 acres of drainage to the watershed as shown on Exhibit 1. \\Ha01\Shared Docs\Municipa1\A0TSEG0\2211\ot2211SSAlt.doc Four of the alternatives consider using a proposed regional storage pond on the Lavedure property. The proposed pond would consist of approximately 5 acres in the northeast corner of the property. It was assumed that half of the pond would be considered regional and the other half would be used to service the Lavedure property. The purpose of the regional pond is to allow downsizing of the Quaday Avenue trunk storm sewer. The easterly 300 feet of the Lavedure property is as much as 60 feet lower than the west side. It is conceivable that the property on the east side may remain as open space. Alternatives 2 and 4 consider using this area for short term flood storage for events greater than the ten year. ALTERNATIVES The paragraphs below summarize the 6 alternatives considered. The estimated stormwater facilities costs for each alternative are included on Table 1. Alternative 1 Alternative 1 is shown on Exhibit 2. This alternative would include ponding on each site with the regional pond on the Lavedure property. The 100 -year flood would -be contained within the regional pond. The discharge point would be at 78th Street. The total trunk facility costs for this alternative are $335,000. Alternative 2 Alternative 2 is also shown on Exhibit 2. This alternative is the same as alternative 1, except it assumes short term flooding of the Lavedure property outside the limits of the regional pond. The total trunk facility costs for this alternative are $285,000. Alternatives 3 and 4 Alternatives 3 and 4 are the same as Alternatives 1 and 2 respectively, except that the discharge point would move 1/a mile south of 78th Street. These two alternatives would require cleaning ditch segment 651, which was presented in the original report at a construction cost of $23,700. The total trunk, facility costs for Alternative 3 are $311,000 and $270,000 for Alternative 4. Alternative 5 Alternative 5* is shown on Exhibit 4. This alternative considers a design without the regional pond. Each site would have local ponding as shown. The discharge point would be at 78th Street. The total trunk facility costs for this alternative are $557,000. \\Ha01\Shared Docs\Municipal\AOTSEGO\2211\ot2211SSAlt.doc Hakanson 1111 Anderson Assoc., Inc. Alternative 6 Alternative 6 is also shown on Exhibit 4. This alternative is the same as alternative 5 except that the discharge point would move 1/a mile south of 78th Street. This alternative would also require cleaning ditch segment 651 as discussed in Alternatives 3 and 4. The total trunk facility costs for this alternative are $455,000. RECOMMENDED ALTERNATIVE At this time we recommend Alternative #1 as the best option for providing trunk storm sewer facilities for "The Pointe". This alternative has a reasonable cost, provides for drainage of The Pointe, the Tower Site, the Lavedure property, the VFW property and Quaday Avenue. Except for the Lavedure property, the city has control of the easements required for this alternative. PROJECT FUNDING It is proposed to add this study area to the taxing district which was established in "Trunk Storm Water Facilities Study for portions of Lefebvre Watershed", Hakanson Anderson Associates Inc., March 1999. The taxing district is shown on Exhibit 5. This proposal would add 120 acres to the study area. The new total area would be 951 acres. The revised calculated stormwater impact fee per acre is present on Table 2. The impact fee is based on Alternative 1. The stormwater impact fee would increase from $1,250 per acre to $1,500 per acre. \\Ha01\Shared Docs\Municipal\AOTSEGO\2211\ot2211SSAlt.doc Hakanson Anderson Assoc., Inc. $238,650 $185,900 $217,500 $172,300 $428,200 $347,750 $71,595 $55,770 $65,250 $51,690 $128,460 $104,325 $3,000 6 $18,000 1 $3,000 7 $21,000 1 $3,000 $10,000 2.5 $25,000 2.5 $25,000 2.5 $25,000 2.5 S25,000 $335,000 $285,000 $311,000 $270,000 $557,000 $455,000 Table 1 Summary of Trunk Storm Water Facility Costs imateAs Alternative #1 Alternative #2 Alternative 03 Alternative #4 Alternative #5 Alternative 46 CosUUnit Estimated Units Alt. #1 Estimated Cost Alt. #1 Estimated Units Alt. #2 Estimated Cost Alt. #2 Estimated Units Alt. #3 Estimated Cost Alt. #3 Estimated Units Alt. #4 Estimated Cost Alt. #4 Estimated Units Alt. #5 Estimated Cost Alt. #5 Estimated Units Alt. #6 Estimated Cost Alt. #6 $18 150 $2,700 150 $2,700 $20 170 $3,400 170 $3,400 170 $3,400 170 $3,400 170 $3,400 170 $3,400 $23 3000 $69,000 1200 $27,600 $25 1350 $33,750 1200 $30,000 1400 $35,000 1250 $31,250 2150 $53,750 1500 $37,500 $28 50 $1,400 50 $1,400 1000 $28,000 50 $1,400 $40 3150 $126,000 150 $6,000 1350 $54,000 150 $6,000 I S45 50 $2,250 450 $20,250 450 $20,250 $50 1000 $50,000 250 $12,500 250 $12,500 $60 50 $3,000 $100 1 3000 $300,000 2400 $240,000 $400 1 $400 1 $400 $500 1 $500 1 $500 1 $500 1 $500 1 S500 1 $500 $600 1 $600 $700 3 $2,100 2 $1,400 2 $1,400 1 $700 1 $700 1 $700 $800 1 S800 $1,000 2 $2,000 1 $1,000 1 $1,000 2 $2,000 $1 1 S1,400 1 $1,400 a1 $1,700 1 $2,500 1 $2,500 $2,000 11 $22,000 11 $22,000 10 $20,000 10 $20,000 13 $26,000 12 $24,000 $2,500 1 $2,500 1 $2,500 1 $2,500 1 52,500 2 S5,000 2 $5,000 ! $315000 $45,000 15000 $45,000 15000 $45,000 15000 $45,000 $238,650 $185,900 $217,500 $172,300 $428,200 $347,750 $71,595 $55,770 $65,250 $51,690 $128,460 $104,325 $3,000 6 $18,000 1 $3,000 7 $21,000 1 $3,000 $10,000 2.5 $25,000 2.5 $25,000 2.5 $25,000 2.5 S25,000 $335,000 $285,000 $311,000 $270,000 $557,000 $455,000 Table 1 Summary of Trunk Storm Water Facility Costs imateAs TABLE 2 REVISED IMPACT FEE CALCULATION FOR LEFEBVRE STUDY AREA • Total from initial Lefebvre Study • Increase for Construction Inflation (5%) • Add Alternative 1 Cost Total TOTAL COST: Impact Fee Calculation: $1,038,100 +$51,900 +$335,000 $1,425,000 1,425,000 (Total Cost) divided by 951 acres Revised Impact Fee ======> $1,500 per acre \\Haoi\Shared Docs\Municipa1\A0TSEG0\2211\ot2211SSAlt.doc -�z Ander Hakanson � Anderson w Assoc.,Inc. STORMWATER DETENTION AREA (WEnAND) STORMWATER DETENTION AREA (NON -WETLAND) EXISTING DETENTION AREA EXISTING PIPEULTIMATE DESIGN) PROPOSED PIP - TRUNK (ULTIMATE DESIGN) PROPOSED PIPE - NON -TRUNK (ULTIMATE DESIGN) —+—�- OPEN CHANNEL ® PERMANENT EASEMENT AREA XX/KK ALTERNATNE I PIPE SIZE/ALTERNATNE 2 PIPE SIZE EXHIBIT 2 ALTERNATIVES 1 AND 2 LEFEBVRE STUDY AREA CITY OF M5EGO MARCH 21, 2000 -4-x sup[ w rtn hilAnderHakanson Anderson Assoc.,Inc. wSTORMWATER DETENTION AREA (WETLAND) - STORMWATER DETENTION AREA (NON-WETLMD) wEXISTING DETENTION AREA EXISTING PIPE SULTIMATE DESIGN) PROPOSED PIPE -TRUNK (ULTIMATE DESIGN) --•----- PROPOSED PIPE - NON -TRUNK (ULTIMATE OESICN) -- OPEN CHANNEL ® PERMANENT EASEMENT AREA XX/XX ALTERNATIVE 3 PIPE SIZE/ALTERNATIVE 4 PIPE SIZE EXHIBIT 3 ALTERNATIVES 3 AND 4 LEFEBVRE STUDY AREA CITY OF OTSEGO MARCH 21, 2000 low ------------- ---------------- .•.. DEVELICIPMENT -TIAE POINTE' TOWER MINING PE IT #7 .� ' I i -'•moi. --•1, a 1 � ��,�� ~�' NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 21 March 2000 RE: Otsego - The Prairie Creek 2' Add.; Preliminary Plat FILE NO.: 176.02 - 00.08 Please be advised that the Planning Commission held a public hearing on March 20, 2000 to consider the above referenced project and related applications. The Planning Commission briefly discussed the street layout and access to Quaday. No comments were received of the public. Following the close of the public hearing, the Planning Commission voted, in three separate motions, to unanimously (7-0) recommend approval of the Comprehensive Plan amendment, rezoning and PUD-CUP/preliminary plat applications. Applicable resolutions, ordinances and findings are attached for consideration by the City Council at their meeting on March 27, 2000. pc. Mike Robertson Elaine Beatty Andy MacArthur Larry Koshak 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 RESOLUTION NO.: 00 - CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION AMENDING THE COMPREHENSIVE PLAN LAND USE PLAN MAP TO DESIGNATE CHANGE THE LAND USE DESIGNATION FROM MEDIUMlHIGH DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL LAND USE FOR THE PURPOSE OF DEVELOPING TOWNHOUSE USES AS PART OF THE PRAIRIE CREEK 2"D ADDITION PRELIMINARY PLAT. WHEREAS, the City has received a request from Pulte Homes of Minnesota Corporation for approval of a Comprehensive Plan amendment to amend the Land Use Plan map for property included within the proposed Prairie Creek 2"d Addition Preliminary Plat; and, WHEREAS, the legal description of the subject site is Outlot A of Prairie Creek ("the property"); and, WHEREAS, the request is that the guided use of the property be changed from Medium/High Density Residential land use to Low Density Residential land use as illustrated Exhibit A and B; and, WHEREAS, the Otsego Planning Commission conducted a public hearing, at their regular meeting on 20 March 2000, to consider the request, preceded by published and mailed notice; and, WHEREAS, the Otsego Planning Commission Upon review of the application and evidence received closed the public hearing and recommended by a 7-0 vote that the City Council approve the requested amendment of the Comprehensive Plan based upon a finding that the amendment is consistent with the following policies: • The development of patio homes... to supplement existing conventional single family homes shall be recognized giving due consideration to local market demands. (Policy Plan, pg. 45) • The City Shall provide housing opportunities which attract persons of all ages and income levels and which allows them the ability to maintain residence within Otsego throughout the various stages of their lives. (Policy Plan, pg. 46) • A balance in the availability of quality housing choices throughout the City shall be maintained. (Policy Plan, pg. 46) • A mix of housing types in a manner consistent wit the City's land use plan shall be developed. (Policy Plan, pg 46) NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO THAT; the request to amend the 1998 Comprehensive Plan Land Use Plan to designate the land legally described as Outlot A of Prairie Creek for low density residential land use is hereby APPROVED. ADOPTED by the City Council of the City of Otsego this 27th Day of March, 2000 CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Elaine Beatty, Zoning Administrator/City Clerk. Fil CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA Applicant's Name: Pulte Homes of Minnesota Corporation 3-21-00 Zoning Map Amendment Findings of Fact & Decision Request: Amendment to the Zoning Map to rezone the property described as Outlot A of Prairie Creek from A-1, Agriculture Rural Service District to R-6, Residential Townhouse, Quadraminium and Low Density Multiple Family District allow for development of residential townhouse uses. City Council Meeting Date: 27 March 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 Outlot A 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, as amended. 3. The property is zoned A-1 District; Development of townhouses as proposed by the applicant requires consideration of a Zoning Map amendment to designate the property as being within the R-6 District. Residential townhouse uses are a permitted use in the R-6 District. 4. The Planning Commission and City Council must take into consideration the possible effects of the conditional use with their judgement based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: A. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The Comprehensive Plan guides the subject parcel for urban density development. Provided the City Council approves the requested Comprehensive Plan amendment, the re -zonings are consistent with the Comprehensive Plan. The following policies may be cited in support of the requested rezonings: The development of patio homes, apartments, townhouses, quadraminiums and condominiums to supplement existing conventional single family homes shall be recognized, giving due consideration to local market demands. (Policy Plan, item 13, page 45) The City shall provide housing opportunities which attract persons of all ages and income levels and which allows them the ability to maintain residence within Otsego throughout the various stages of their lives. (Policy Plan, item 19, page 46) A balance in the availability of quality housing choices throughout the City shall be maintained. (Policy Plan, item 23, page 46) A mix of housing types in a manner consistent with the City's land use plan shall be developed. (Policy Plan, item 24, page 46) B. The proposed use's compatibility with present and future land uses of the area. Finding: This area is planned for urban density residential development and has been planned as part of an overall development to be compatible with surrounding uses. C. The proposed use's conformity with all performance standards contained herein (parking, loading, noise etc.). Finding: The preliminary plat's consistency with applicable performance standards will be evaluated in subsequent paragraphs. D. The proposed use's effect upon the area in which it is proposed. Finding: The proposed development will not have a negative impact to the area in that the use is anticipated and will be developed within all performance standards. E. The proposed uses impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. F. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The preliminaryplat is to be adequately served by public streets serving the property. G. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities, and its potential to overburden the City's service capacity. Finding: The Comprehensive Plan anticipated the development of the proposed use. Therefore, the use is not anticipated to have a negative impact to the City's service capacity. 5. The planning report dated 15 March 2000 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 6. The engineering review dated 8 March 2000 from the City Engineer, Hakanson Anderson and Associates, Inc., is incorporated herein. 7. The Otsego Planning Commission conducted a public hearing at their regular meeting on 20 March 2000 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the Zoning Map amendment based on the aforementioned findings. Decision: Based on the foregoing information and applicable ordinances, the requested Zoning Map amendment is hereby approved based on the most current plan and information received to date. PASSED by the Otsego City Council this 27th day of March, 2000. Attest: CITY OF OTSEGO Larry Fournier, Mayor Elaine Beatty, Zoning Administrator/City Clerk 3 ORDINANCE NO.: CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR PROPERTY INCLUDED AS PART OF THE PRELIMINARY PLAT OF PRAIRIE CREEK SECOND ADDITION. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally described as outlot A of Prairie Creek (the "property"). Section 2. The property is hereby rezoned from An A-1, Agricultural Rural Service District designation to a R-6, Residential Townhouse, Quadraminium and Low Density Multiple Family District designation. Section 3. The Zoning Administrator is hereby directed to make appropriate changes to the official Zoning Map of the City of Otsego to reflect the change in zoning classification set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 27th day of March 2000. CITY OF OTSEGO I"YA Larry Fournier, Mayor ATTEST: Elaine Beatty, Zoning Administrator/City Clerk CITY OF 3-21-00 OTSEGO WRIGHT COUNTY, bIINNESOTA Development Stage PUD -CUP & Preliminary Plat Findings of Fact & Decision Applicant's Name: Pulte Homes of Minnesota Corporation Request: Application for Development Stage PUD -CUP and preliminary plat approval for Prairie Creek 2nd Addition consisting of 93 townhouse units located on Outlot A of Prairie Creek. City Council Meeting Date: 27 March 2000 Findings of Fact: Based upon review of the application, the recommendation of the Planning Commission and evidence received, the City Council of the City of Otsego now makes the following findings of fact: 1. The legal description of the property is Outlot A 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, as amended. 3. The property is zoned R-6, Residential Townhouse, Quadraminium and Low Density Multiple Family District; Residential townhouse uses are a permitted use in the R-6 District. 4. The Planning Commission and City Council must take into consideration the possible effects of the conditional use with their judgement based upon (but not limited to) the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: A. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The Comprehensive Plan guides the subject parcel for urban density development. Provided the City Council approves the requested Comprehensive Plan amendment, the re -zonings are consistent with the Comprehensive Plan. The following policies may be cited in support of the requested rezonings: The development of patio homes, apartments, townhouses, quadraminiums and condominiums to supplement existing conventional single family homes shall be recognized, giving due consideration to local market demands. (Policy Plan, item 13, page 45) The City shall provide housing opportunities which attract persons of all ages and income levels and which allows them the ability to maintain residence within Otsego throughout the various stages of their lives. (Policy Plan, item 19, page 46) A balance in the availability of quality housing choices throughout the City shall be maintained. (Policy Plan, item 23, page 46) A mix of housing types in a manner consistent with the City's land use plan shall be developed. (Policy Plan, item 24, page 46) B. The proposed use's compatibility with present and future land uses of the area. Finding: This area is planned for urban density residential development and has been planned as part of an overall development to be compatible with surrounding uses. C. The proposed use's conformity with all performance standards contained herein (parking, loading, noise etc.). Finding: The preliminary plat's consistency with applicable performance standards will be evaluated in subsequent paragraphs. D. The proposed use's effect upon the area in which it is proposed. Finding: The proposed development will not have a negative impact to the area in that the use is anticipated and will be developed within all performance standards. E. The proposed uses impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. F. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The preliminaryplat is to be adequately served by public streets serving the property. G. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities, and its potential to overburden the City's service capacity. Finding: The Comprehensive Plan anticipated the development of the proposed use. Therefore, the use is not anticipated to have a negative impact to the City's service capacity. 5. The planning report dated 15 March 2000 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 6. The engineering review dated 8 March 2000 from the City Engineer, Hakanson Anderson and Associates, Inc., is incorporated herein. 7. The Otsego Planning Commission conducted a public hearing at their regular meeting on 20 March 2000 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the development stage PUD -CUP and preliminary plat of Prairie Creek 2"d Addition based on the aforementioned findings. Decision: Based on the foregoing information and applicable ordinances, the requested development stage PUD -CUP and preliminary plat of Prairie Creek 2"d Addition is hereby approved based on the most current plan and information received to date, subject to the following conditions: The front yard setbacks for blocks 1, 2, 6-13, and 28-31 shall be 25 feet in order to increase the setback to Quaday Ave and adjacent single family residential lots. 2. The final landscape plan is revised subject to the review and approval of City staff. 3. A development contract shall be required and proper escrows submitted prior to the release of the final plat, subject to review and approval of the City Attorney. 4. All grading, drainage and utility plans shall be subject to review and approval of the City Engineer. 5. The design of all streets shall conform with the Engineering Manual and are subject to the review and approval of the City Engineer. 6. Park dedication shall be satisfied as required by Section 21-7-18 of the Subdivision Ordinance. PASSED by the Otsego City Council this 27th day of March, 2000. Attest: CITY OF OTSEGO Larry Fournier, Mayor Elaine Beatty, Zoning Administrator/City Clerk CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY• 7. Larry Koshak, City Engineer: Elaine Beatty, City Clerk/March 27, 2000 6:30PM ITEM NUMBER: 'ITEM DESCRIPTION* 7.1. Discussion of sanitary sewer & storm water drainage issues related to considering approval of the "Pointe Plat" (Big Ed's Land). 7.2. Any Other Engineering Business BACKGROUND - 7.1. See attached information from Larry Koshak. Mike Robertson will be present also for further discussion on these items in the packet provided by Larry Koshak. 7.2. Is for any other Engineering Business that may arise. RECOMMENDATION• This is for Council consideration and approval where necessary. Th nk L, Elaine k1i CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: 8. Andrew MacArthur, City Attorney Elaine Beatty, City Clerk/March 27, 2000 6:30PM ITEM NUMBER: ITEM DESCRIPTION 8.1. Hearing for Owner Vintage Golf, P.O. Box 506, Elk River, MN. - Applicant is Chris Bulow. Consider Amendment to City of Otsego Ordinance #91-08 An Ordinance Licensing and Regulating the Sale and Consumption of Intoxicating Liquor and Wine, and Providing a Penalty for Violation. 8.2. Consider declaring a building, a hazardous building 8.3. Consider Billing Agreement W/Wright-Hennepin Electric 8.4. Any Other Legal Business BACKGROUND* Andy Mac Arthur will be present for comments and information. 8.1.,8.2.&8.3. See attached information from Andy MacArthur. 8.4. This item is for any other legal business that may arise. RECOMMENDATION• This is for Council consideration and any approval needed. Thanks, Elaine Michael G Couri- Andrew J. MacArthur Marcus W. Miller *A Lw Gcewai in Rk'"S March 22, 2000 City Council Members City of Otsego c/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 RE: Hazardous Building Dear Council Members: COURJ & MACARTHUR Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376-0369 (763) 497-1930 (763) 497-2599 (FAX) couriandmacanhur0pobox. ciom Jerry Olson has contacted me regarding a mobile home on a certain Otsego property, which he believes is not fit for human habitation. It is my understanding that he will provide the City Council with further information regarding this residence at Monday night's Council meeting. If it is determined that the building is in need of repair or removal because it constitutes a danger to public health and safety the City's remedy is through the hazardous building law, Minn. Stat. 463, attached. This is different then the procedure used to secure a building that we previously used to secure the building behind the old Town Hall. If it is determined that just securing the building is adequate, the City would use that procedure rather than the hazardous building law. It is my suggestion that the Council determine preliminarily whether or not they believe that the conditions set forth by the building inspector constitute a danger to public health and safety. If so, the Council should authorize this office to send a letter to the owner demanding repair or removal within a specified time period or the City will consider issuing a complaint under the hazardous building law. If you have any questions regarding this matter I will be available to answer them at the Council meeting Monday evening. Letter to Otsego City Council March 22, 2000 Page 2 Very ours, ew J. a ur OURI & CARTHUR Ends. cc: Jerry Olson 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 HAZARDOUSAND 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, eff. May 12, 1965. Amended by Laws 1967, c. 324, § 1, eff. 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 claim to original U.S. Govt. works MSA § 463.15 1, Removal by municipality; consent; cost *70997 M.S.A. § 463.151 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. 463.151. Removal by municipality; consent; cost The governing body of any city or town may remove or raze any hazardous building or remove or correct any hazardous condition of real estate upon obtaining the consent in writing of all owners of record, occupying tenants, and all lien holders of record; the cost shall be charged against the real estate as provided in section 463.21, except the governing body may provide that the cost so assessed may be paid in not to exceed five equal annual installments with interest thereon, at eight percent per annum. CREDIT(S) 1991 Main Volume Laws 1967, c. 324, § 2, eff. May 11, 1967. Amended by Laws 1974, c. 341, § 1. HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 1991 Main Volume The 1974 amendment deleted "village" following the word "city", deleted "or borough" following the word "town", inserted "or remove or correct any hazardous condition of real estate", and increased the interest from 5 to 8 percent. REFERENCES Page 1 CROSS REFERENCES Eminent domain, hazardous and substandard building proceedings, see § 117.56. LIBRARY REFERENCES 1991 Main Volume Municipal Corporations G:;1628. WESTLAW Topic No. 268. C.J.S. Municipal Corporations § 177. ANNOTATIONS NOTES OF DECISIONS Cost of removal 3 Notice 4 Owners' rights 2 Review 5 Validity 1 1. Validity Defendants could not on appeal challenge constitutionality of this section where validity of the statute was at no time challenged or litigated in court below. Ukkonen v. City of Minneapolis, 1968, 280 Minn. 494, 160 N.W.2d 249. 2. Owners' rights "70998 Statutory proceedings to abate a nuisance in exercise of police power of state are to be executed prudently to avoid unnecessary curtailment of the rights of owners of private property. Village of Zumbrota v. Johnson, 1968, 280 Minn. 390,161 N.W.2d 626. 3. Cost of removal A county board could, on behalf of the state, consent to the removal of buildings determined to be hazardous by a municipality located upon tax title lands, and the cost of the removal of such buildings could be charged against the real estate and collected back by the municipality in the event of the subsequent sale of the real estate. OpAtty.Gen., 59a-35, May 24, 1968. 4. Notice Under the Hazardous and Substandard Buildings Act (§ 463.15 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 § 463.17 and posting a publication of a notice to advise unknown heirs would be sufficient. OpAtty.Gen., 197c, June 22, 1966. 5. Review Copyright (c) West Group 2000 No claim to original U.S. Govt. works MSA § 463.151, Removal by municipality; consent; cost Evidence supported findings, in proceedings by municipality for repair or removal of hazardous buildings, that buildings in question were hazardous by reason of inadequate maintenance, dilapidation, physical damage, and unsanitary condition and constituted fire hazard or hazard to public safety or health, and judgments authorizing the municipality to raze the buildings forthwith or at future date fixed by court were lawful and appropriate. Ukkonen v. City of Minneapolis, 1968, 280 NIiinn. 494, 160 N.W.2d 249. Copyright (c) West Group 2000 No claim to original U.S. Govt. works Page 2 MSA § 463.152, Exercise of eminent domain *70999 M.S.A. § 463.152 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. 463.152. Exercise of eminent domain Subdivision 1. Purpose, public interest. In order to maintain a sufficient supply of adequate, safe, and sanitary housing and buildings used for living, commercial, industrial, or other purposes or any combination of purposes, it is found that the public interest requires that municipalities be authorized to acquire buildings, real estate on which buildings are located, or vacant or undeveloped real estate which are found to be hazardous within the meaning of section 463.15, subdivision 3, and the acquisition of such buildings and real estate is hereby declared to be a public purpose. Subd. 2. Acquisition; procedure. In furtherance of the public policy declared in subdivision 1, the governing body of any city or town may acquire any hazardous building, real estate on which any such building is located, or vacant or undeveloped real estate by eminent domain in the manner provided by chapter 117. 140. HISTORICAL NOTES Page 1 HISTORICAL AND STATUTORY NOTES 1991 Main Volume Laws 1976, c. 2, was a revisor's bill providing for the correction of erroneous, ambiguous, omitted, unconstitutional and obsolete references and text. Laws 1976, c. 2, § 140, directed that a citation be modified in subd. 1. REFERENCES CONSTITUTIONAL PROVISIONS 1991 Main Volume Article 1, § 13 provides: "Private property shall not be taken, destroyed or damaged for public use without just compensation therefor, first paid or secured." CROSS REFERENCES Eminent domain, hazardous and substandard building proceedings, see § 117.56. Enforcement of judgment, see § 463.21. LIBRARY REFERENCES 1991 Main Volume Eminent Domain C= 17. WESTLAW Topic No. 148. "71000 C.J.S. Eminent Domain § 64. ANNOTATIONS NOTES OF DECISIONS Construction and application 1 1. Construction and application CREDIT(S) Statutory proceedings to abate a nuisance in exercise of 1991 Main Volume police power of state are to be executed prudently to avoid unnecessary curtailment of the rights of owners of private property. Village of Zumbrota v. Johnson, 1968, 280 Minn. Laws 1974, c. 341, § 3. Amended by Laws 1976, c. 2, § 390,161 N.W.2d 626. Copyright (c) West Group 2000 No claim 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. CREDTr(S) 1991 Main Volume Laws 1965, c. 393, § 2. Amended by Laws 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 claim to original U.S. Govt. works MSA § 463.161, Abatement *71003 M.S.A. § 463.161 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. 463.161. Abatement In the manner prescribed in section 463.21 the governing body of any city or town may correct or remove the hazardous condition of any hazardous building or property; the cost of which shall be charged against the real estate as provided in section 463.21 except the governing body may provide that the cost so assessed may be paid in not to exceed five equal annual installments with interest therein, at eight percent per annum. Page 1 CREDIT(S) 1991 Main Volume Laws 1974, c. 341, § 2. Amended by Laws 1989, c. 328, art 6,§8. HISTORICAL NOTES HLSTORICAL AND STATUTORY NOTES 1991 Main Volume The 1989 amendment authorized the removal as well as the correction of the hazardous condition and substituted "property" for "parcel of real estate". REFERENCES CROSS REFERENCES Eminent domain, hazardous and substandard building proceedings, see § 117.56. LIBRARY REFERENCES 1991 Main Volume Municipal Corporations G=623. WESTLAW Topic No. 268. C.J.S. Municipal Corporations § 281. Copyright (c) West Group 2000 No claim 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 Laws 1965, c. 393, § 3. Amended by Laws 1976, c. 181, § 2; Laws 1986, c. 444; Laws 1986, I st 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., c. 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 claim 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 owner's 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. OpAtty.Gen., 197c, June 22, 1966. Copyright (c) West Group 2000 No claim 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 require, affirm 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, § 5. 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. 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. REFERENCES CROSS REFERENCES Eminent domain, hazardous and substandard building proceedings, see § 117.56. ANNOTATIONS NOTES OF DECISIONS In general I 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 if judgment 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 claim to original U.S. Govt. works Michael C. Couri- Andrew J. MacArthur Markus W. Mifier *A iv hcer uxl i /11moir March 22, 2000 City Council Members City of Otsego c/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 COURI & MACAR17IUR Attorneys at Lmv 705 Central Avenue East PO Box 369 St. Michael, MN553760369 (763) 497-1930 (763) 497-2599 (FAX) couriandmacaahurgpobox. com RE: Proposed Amendment to Intoxicating Liquor Ordinance Dear Council Members: Please find enclosed a proposed Amendment to the current City Intoxicating Liquor Ordinance as well as a copy of the statute authorizing the proposed change. It is my understanding that the ordinance amendment has been requested by Chris Bulow and that he has submitted money to the City which will be used to reimburse City expenses. As I explained at a previous meeting, the ordinance is necessary m order to allow sale of strong beer without obtaining a full on -sale liquor license. This license may also be beneficial to other golf courses or small restaurants that want to serve strong beer but not other liquor. The City, due to its size, has a limitation of six on -sale intoxicating liquor licenses subject to certain conditions. In most cases the City will want to reserve those licenses for full- scale bar establishments. The cap on liquor licenses may be removed by referendum. I have attached for your reference copies of Minn. Stats. 340A.404 and 340A.413. The one issue that may be problematic with the ordinance amendment is how the City will confirm that at least 60% of gross receipts are attributable to the sale of food. If you have any questions regarding this proposed amendment I will be available to address them at next Monday evening's City Council meeting. Letter to Otsego City Council March 22, 2000 Page 2 VeryaUrk5;A---I COUHUR Ends. cc: Chris Bulow CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. ORDINANCE AMENDING CITY OF OTSEGO ORDINANCE NO. 91-08 TO ALLOW SALE OF INTOXICATING MALT LIQUOR UPON ACQUISITION OF A NON -INTOXICATING MALT LIQUOR AND WINE LICENSE THE CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS AS FOLLOWS: Section 1. Amendment. Section 2, Subdivision 4 of Otsego Ordinance No.91-08 regarding Licensing and Regulating the Sale and Consumption of Intoxicating Liquor and Wine is amended by adding the following provision: 3. Provision to Sell Intoxicating Malt Liquor. The holder of an on -sale wine license who is also licensed to sell 3.2 per cent malt liquor on -sale and whose gross receipts are at least sixty percent (60%) attributable to the sale of food, may also sell intoxicating malt liquor on -sale without obtaining an additional license. Section 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this day of March, 2000 by the OTSEGO CITY COUNCIL. IN FAVOR: OPPOSED: CITY OF OTSEGO Larry Fournier, Mayor Elaine Beatty, City Clerk MSA § 340A.405, Intoxicating liquor; off -sale licenses *61013 M.S.A. § 340A.405 MINNESOTA STATUTES ANNOTATED POLICE REGULATIONS CHAPTER 340A. LIQUOR RETAIL LICENSES Current through End of 1999 Reg. Sess. 340A.405. Intoxicating liquor; off -sale licenses Subdivision 1. Cities. (a) A city other than a city of the first class may issue with the approval of the commissioner, an off -sale intoxicating liquor license to an exclusive liquor store, or to a drugstore to which an off -sale license had been issued on or prior to May 1, 1994. (b) A city of the first class may issue an off -sale license to an exclusive liquor store, a general food store to which an off -sale license had been issued on August 1, 1989, or a drugstore to which an off - sale license had been issued on or prior to May 1, 1994. Subd. 2. Counties. (a) A county may issue an off -sale intoxicating license with the approval of the commissioner to exclusive liquor stores located within unorganized territory of the county. (b) A county board of any county except Ramsey county containing a town exercising powers under section 368.01, subdivision 1, may issue an off - sale license to an exclusive liquor store within that town with the approval of the commissioner. No license may be issued under this paragraph unless the town board adopts a resolution supporting the issuance of the license. (c) A county board of any county except Ramsey county containing a town that may not exercise powers under section 368.01, subdivision 1, may issue an off -sale license to an exclusive liquor store within that town, or a combination off -sale and on -sale license to a restaurant within that town, with the approval of the commissioner Page 1 pursuant to section 340A.404, subdivision 6. No license may be issued under this paragraph unless the town board adopts a resolution supporting the issuance of the license. (d) No license may be issued under this subdivision unless a public hearing is held on the issuance of the license. Notice must be given to all interested parties and to any city located within three miles of the premises proposed to be licensed. At the hearing the county board shall consider testimony and exhibits presented by interested parties and may base its decision to issue or deny a license upon the nature of the business to be conducted and its impact upon any municipality, the character and reputation of the applicant, and the propriety of the location. Any hearing held under this paragraph is not subject to chapter 14. *61014 (e) A county board may not issue a license under this subdivision to a person for an establishment located less than one mile by the most direct route from the boundary of any statutory or home rule city that had established a municipal liquor store before August 1, 1991, provided, that a county board may not issue a new license under this subdivision to a person for an establishment located less than three miles by the most direct route from the boundary of a city that (1) is located outside the metropolitan area as defined in section 473.121, subdivision 2, (2) has a population over 5,000 according to the most recent federal decennial census, and (3) had established a municipal liquor store before August 1, 1991. (f) The town board may impose an additional license fee in an amount not to exceed 20 percent of the county license fee. (g) Notwithstanding any provision of this subdivision or Laws 1973, chapter 566, as amended by Laws 1974, chapter 200, a county board may transfer or renew a license that was issued by a town board under Minnesota Statutes 1984, section 340.11, subdivision 10b, prior to January 1, 1985. Copyright (c) West Group 2000 No claim to original U.S. Govt. works MSA § 340A.405, Intoxicating liquor; off' -sale licenses Subd. 3. Towns. The town board of a town within Ramsey county exercising powers under section 368.01, subdivision 1, within Ramsey county may issue an off -sale intoxicating liquor license with the approval of the commissioner to an exclusive liquor store located within the town. Subd. 4. Temporary off -sale licenses; wine auctions. (a) The governing body of a city or county may issue a temporary license for the off - sale of wine at an auction with the approval of the commissioner. A license issued under this subdivision authorizes the sale of only vintage wine of a brand and vintage that is not commonly being offered for sale by any wholesaler in Minnesota. The license may authorize the off -sale of wine for not more than three consecutive days provided not more than 600 cases of wine are sold at any auction. The licenses are subject to the terms, including license fee, imposed by the issuing city or county. Licenses issued under this subdivision are subject to all laws and ordinances governing the sale of intoxicating liquor except section 340A.409 and those laws and ordinances which by their nature are not applicable. (b) As used in the subdivision, "vintage wine" means bottled wine which is at least five years old. Subd. 5. Repealed by Laws 1990, c. 554, § 22 Subd. 6. Airports commission. The metropolitan airports commission may with the approval of the commissioner issue licenses for the off -sale of wine at the Minneapolis -St. Paul International Airport. CREDIT(S) 1990 Main Volume Laws 1985, c. 263, §§ 1, 2; Laws 1985, c. 305, art. 6, § 5; Laws 1985, 1st Sp., c. 16, art. 2, § 3, subd. 1. Amended by Laws 1987, c. 152, art. 1, § 1, Laws 1987, c. 310, §§ 9, 10; Laws 1987, c. 328, § 3, eff. May 30, 1987; Laws 1987, c. 381, § 3; Laws 1987, c. 402, § 1, eff. July 1, 1987; Laws 1989, c. 49, § 2; Laws 1990, c. 545, § 1, eff. May 5, 1990; Laws 1990, c. 554, §§ 11, 12, eff. May 5, 1990. 1999 Electronic Update Page 2 '61015 Amended by Laws 1991, c. 249, §§ 8, 9; Laws 1994, c. 611, § 18, eff. May 10, 1994; Laws 1994, c. 611, § § 19, 20. <General Materials (GM) - References, Annotations, or Tables> HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 1999 Electronic Update 1991 Legislation The 1991 amendment in subd. 2 rewrote par. (e); and in subd. 6 deleted "Minnesota produced" preceding "wine". Laws 1991, c. 249, § 34 provides in part that § 8, amending subd. 2, applies to new licenses issued on or after August 1, 1991. 1994 Legislation The 1994 amendment rewrote subd. 1; in subd. 2, in par. (c), inserted "an off -sale license to an exclusive liquor store within that town, or'; and in subd. 4, included counties within the scope of the subdivision. 1990 Main Volume Derivation: St. 1984, § 340.11. Laws 1984, c. 655, art. 1, § 92. Laws 1984, c. 654, art. 3, § 85. Laws 1984, c. 640, § 32. Laws 1983, c. 320, §§ 1, 2. Laws 1983, c. 289, § 114, subd. 1. Laws 1983, c. 259, §§ 2, 3. Laws 1983, c. 214, § 33. Laws 1983, c. 194, § 1. Laws 1982, c. 638, § 1. Laws 1982, c. 631, § 1. Laws 1982, c. 630, § 1. Laws 1982, c. 597, § 1. Laws 1982, c. 528, § 2. Laws 1982, c. 424, § 130. Laws 1981, c. 357, § 83. Laws 1981, c. 123, § 1. Laws 1981, c. 118, § 1. Laws 1980, c. 581, § 1. Laws 1980, c. 509, § 62. Laws 1979, c. 325, § 1. Laws 1979, c. 305, § 3. Laws 1978, c. 742, § 1. Laws 1978, c. 607, § 1. Laws 1977, c. 239, § 1. Laws 1977, c. 217, § 1. Laws 1977, c. 89, § 14. Copyright (c) West Group 2000 No claim to original U.S. Govt. works MSA § 340A.405, Intoxicating liquor; off -sale licenses Laws 1977, c. 56, § 1. Laws 1976, c. 5, § 11. Laws 1975, c. 345, §§ 1 to 4, 7. Laws 1975, c. 334, § 1. Laws 1974, c. 283, § 1. Laws 1974, c. 268, §§ 1, 2. Laws 1973, c. 664, § 4. Laws 1973, c. 179, § 1. Laws 1973, c. 123, art. 4, §§ 1, 2, art. 5, § 7. Laws 1971, c. 263, § 1. Laws 1969, c. 1148, §§ 53, 54. Laws 1969, c. 1127, §§ 1 to 5. Laws 1969, c. 9, §§ 76, 77. Laws 1967, c. 712, § 1. Laws 1967, c. 697, § 1. "61016 Laws 1967, c. 19, § 5. Laws 1965, c. 581, § 2. Laws 1965, c. 330, § 1. Laws 1965, c. 138, § 2. Laws 1961, c. 269, § 1. Laws 1959, Ex.Sess., c. 75, § 1. Laws 1959, c. 686, § 14. Laws 1959, c. 540, §§ 2 to 4. Laws 1957, c. 725, § 1. Laws 1957, c. 388, § 1. Laws 1957, c. 387, § 1. Laws 1955, c. 820, §§ 38, 39. Laws 1953, c. 695, §§ 1 to 3. Laws 1953, c. 610, § 1. Laws 1953, c. 442, § 1. Laws 1953, c. 356, § 1. Laws 1953, c. 86, § 1. Laws 1951, c. 250, § 1. Laws 1949, c. 626, § 1. Laws 1947, c. 528, § 1. Laws 1947, c. 223, § 1. Laws 1945, c. 482, § 1. Laws 1945, c. 417, § 1. Laws 1945, c. 247, § 1. Laws 1945, c. 227, § 1. Laws 1945, c. 162, § 1. Laws 1945, c. 8, § 1. Laws 1943, c. 599, § 1. Laws 1943, c. 501, § 1. Laws 1941, c. 485, § 1. Laws 1941, c. 359, § 1. Laws 1941, c. 34, § 1. Laws 1941, c. 4, § 1. St.Supp.1940, § 3200-25. Laws 1939, c. 154. Laws 1937, Ex.Sess., c. 74, § 1. Laws 1937, c. 478. Laws 1937, c. 387. Laws 1937, c. 227. Laws 1935, c. 303. Laws 1934, Ex.Sess., c. 46, § 5. Gen.St.1913, §§ 3109, 3114, 3120, 3122-3128, 3138, 3142-3145, 3165. Laws 1911, c. 204, §§ 1 to 3. Laws 1909, c. 283, § 2. Laws 1909, c. 93, § 1. Page 3 Laws 1909, c. 75, §§ 1 to 4. Rev.Laws 1905, §§ 1519, 1522, 1527, 1528, 1533, 1546. Laws 1905, c. 346, § 2. Laws 1901, c. 101. Laws 1895, c. 191. Gen.St.1894, §§ 1990, 2006, 2008, 2017, 2018, 2022-2024,2029,3923. Laws 1893, c. 189, § 1. Laws 1889, c. 21, § 1. Gen.St.Supp.1879-88, c. 16, §§ 25, 26, 30-32, 37. Laws 1887, c. 81, § 4. Laws 1887, c. 6, § 4. Laws 1887, c. 5, §§ 1 to 3. Laws 1883, c. 71, § 1. Gen.St.1878, c. 37, § 14. Gen.St.1878, c. 16, §§ 1, 17. Laws 1876, c. 80, § 1. "61017 Laws 1875, c. 112, § 1. Laws 1870, c. 32. Gen.St.1866, c. 16, § 1. Laws 1866, c. 40, § 1. Pub.St.1858, c. 18, § 15. Laws 1858, c. 74, § 1. Laws 1973, c. 566, approved May 23, 1973 as amended by Laws 1974, c. 200, approved March 21, 1974, reads: "Section 1. St. Louis County; Liquor Licenses. Subject to the provisions of Minnesota Statutes, Section 340.11, Subdivision 10, and other applicable provisions of the intoxicating liquor law, the county boards of each of the counties of St. Louis, Koochiching, and Itasca may issue combination licenses for the on -sale and off -sale of intoxicating liquor in unorganized or unincorporated areas. No combination license shall be issued to an establishment which is located less than three miles by the most direct route from a municipality which contains an establishment possessing an off -sale liquor license. The fee charged for such licenses shall be competitive with similar license fees in comparable areas for combination on -sale and off -sale licenses. Any license issued pursuant to this section shall be included within the maximum number of licenses authorized by section 340.11, subdivision 10. No holder of a combination license issued pursuant to this section shall continue to operate an off -sale business after discontinuance of the on -sale portion of his business. "Sec. 2. This act shall be effective as to each of the counties of St. Louis, Koochiching, and Itasca after approval by the respective county board of each county and upon compliance with the provisions of Minnesota Statutes, Section 645.021." Minnesota Statutes 1984, § 340.11, subd. 10b, reads: "Subd. 10b. Off -sale licenses; towns. The town board of any town exercising powers pursuant to section 368.01, subdivision 1, may issue off -sale licenses for the sale of intoxicating liquor to exclusive liquor stores with the approval of the commissioner of public safety. Licenses issued under this subdivision shall be governed by the appropriate provisions of the intoxicating liquor act except as provided otherwise by this subdivision. The fee for a license shall be Copyright (c) West Group 2000 No claim to original U.S. Govt. works MSA § 340A.405, Intoxicating liquor; off -sale licenses fixed by the board in an amount not to exceed 5500." The provisions of subd. 2, pars. (b) to (g) were enacted and subd. 3 was amended as a part of § 340.11, subds. 10a and 10b, respectively by Laws 1985, c. 263, §§ 1, 2, and were transferred to this section by the revisor of statutes, pursuant to Laws 1985, 1st Sp., c. 16, art. 2, § 3, subd. 1. "61018 Laws 1985, 1st Sp., c. 16, art. 2, § 3, subd. 1, provides: "If a provision in Minnesota Statutes, chapter 340 is amended by the 1985 regular session and H.F. No. 1145 [c. 305] is enacted by the 1985 regular session the revisor shall codify the amendment consistent with the recodification of chapter 340 by H.F. No. 1145 notwithstanding any law to the contrary." Laws 1987, c. 152, art. 1, § 1 provides: "Minnesota Statutes, chapter 340A, as published in Minnesota Statutes 1986, is reenacted." Laws 1987, c. 310, inserted reference to Carlton and Red Lake counties in subd. 2(e), and added subd. 4, relating to temporary licenses for the off -sale of wine at an auction. Laws 1987, c. 328 added the provisions of subd. 5 regarding temporary off -sale licenses and wine auctions. Laws 1987, c. 381, § 3 inserted the county of "Carver," in cl. (e) of subd. 2. Laws 1987, c. 402, § 1, substituted "Carver, or Red Lake county" for "or Kanabec counties" in subd. 2(e). Section 4 of Laws 1987, c. 402, provides: "With respect to Kanabec county, section 1 is effective July 1, 1987. With respect to Carver and Red Lake counties, section 1 is effective the day after compliance by the Carver or Red Lake county board, respectively, with Minnesota Statutes, section 645.021. Pursuant to Minnesota Statutes, section 645.023, subdivision 1, clause (a), section 2 takes effect without local approval the day following final enactment." The 1989 amendment in subd. 1 substituted "A city of the first class may issue an off -sale license to a general food store to which an off -sale license had been issued on the effective date of this section" for "Cities of the first class may also issue an off -sale license to a general food store". Laws 1990, c. 545, § 1 added subd. 6 permitting metropolitan airports commission issuance of licenses for the off -sale of Minnesota -produced wine at the Minneapolis -St. Paul International Airport. Laws 1990, c. 554, §§ 11, 12 in subd. 2 in par. (e) twice substituted "one mile" for "three miles" and inserted the reference to Itasca county; and also added a subd. 6 identical Page 4 to that added by Laws 1990, c. 545, § 1 except for the additional provision that the licenses be issued "with the approval of the commissioner". "61019 Laws 1990, c. 554, § 22 repealed subd. 5 permitting cities to issue temporary licenses for the off -sale of certain vintage wines at auctions. REFERENCES CROSS REFERENCES Towns of 1,200 or more persons within platted area or having platted area within 20 miles of the city hall of a city of the first class having over 200,000 population, powers thereof, see § 368.01. ANNOTATIONS NOTES OF DECISIONS In general 1 Clubs 4 Commissioner's approval 6 Conditions 5 Exclusive liquor store 2 Hotels 3 1. In general Liquor delivery scheme whereby grocery delivery company would offer liquor for sale in its catalogue along with groceries and would arrange with the liquor store licensed outside of the municipality of its residence to acquire liquor for delivery to its customers by permitting the customers to place orders with the grocery company which would relay the order to the liquor company and the liquor company would deliver the order to the grocery company, would not be proper when the grocery company did not have a liquor license. OpAtty.Gen., 218g-5, June 5, 1978. 2. Exclusive liquor store A store licensed as an "exclusive liquor store" in a village with a population of 1200 could not install a "sandwich machine" and dispense food therefrom. Op.Atty.Gen., 218j-10, April 6, 1959. 3. Hotels Section 340.11 (repealed) authorized a city of the fourth class to issue an off -sale intoxicating liquor license to a hotel which possesses an on -sale intoxicating liquor license. Op.Atty.Gen., 218g-5, Sept. 16, 1974. 4. Clubs The liquor license issued to a club is for on sale only, there being no authority for the issuance of an off sale intoxicating Copyright (c) West Group 2000 No claim to original U.S. Govt. works MSA § 340A.405, Intoxicating liquor; off -sale licenses liquor license to clubs. Op.Atty.Gen., 218-G-15, July 10, 1951. 5. Conditions Even if liquor licensee was not liable for real estate taxes and special assessments on subject premises, city could refuse license on ground that taxes were unpaid; licensee knew of outstanding taxes and, according to contract for deed, was responsible for paying all outstanding taxes. Bergmann v. City of Melrose, App. 1988, 420 N.W.2d 663. "61020 City counsel's conditioning of liquor license on licensee's operation of family restaurant in connection with liquor store was not unreasonable, absent evidence that combined operation of liquor store and restaurant was unprofitable. Bergmann v. City of Melrose, App. 1988, 420 Page 5 N.W.2d 663. 6. Commissioner's approval The liquor control commissioner may exercise discretion in approving or refusing to approve an "off sale" liquor license granted by governing body of a municipality. State ex rel. Minnehaha Liquor Store v. Arundel, 1937, 200 Minn. 305, 273 N.W. 817. A refusal to approve an "off sale" liquor license granted by city council of Minneapolis was not an abuse of Liquor Control Commissioners discretion where several public bodies had made complaints against granting of license, and commissioners investigation disclosed that licensee's lease was guaranteed by persons interested in sale of certain brands of liquor. State ex rel. Minnehaha Liquor Store v. Arundel, 1937, 200 Minn. 305,273 N.W. 817. Copyright (c) West Group 2000 No claim to original U.S. Govt. works MSA § 340A.413, Restrictions on the number of intoxicating liquor licenses that may be issued Page 1 *61070 M.S.A. § 340A.413 MINNESOTA STATUTES ANNOTATED POLICE REGULATIONS CHAPTER 340A. LIQUOR RETAIL LICENSES Current through End of 1999 Reg. Sess. 340A.413. Restrictions on the number of intoxicating liquor licenses that may be issued Subdivision 1. On -sale licenses. No on -sale intoxicating liquor license may be issued in any city except as provided in this section in excess of the following limits: (1) in cities of the first class, one license for every 1,500 population, up to 200 licenses; (2) in cities of the second class, not more than 18 licenses plus one for every 2,500 population over 45,000; (3) in cities of the third class, not more than 12 licenses; (4) in cities of the fourth class, including cities whose acts of incorporation were repealed by Laws 1973, chapter 123, article V, section 5, not more than seven licenses; (5) in statutory cities of 5,000 to 10,000 population, not more than six licenses; (6) in statutory cities of 2,500 to 5,000 population, not more than five licenses; (7) in statutory cities of 500 to 2,500 population, not more than four licenses; and (8) in statutory cities under 500 population, not more than three licenses. Subd. 2. Additional on -sale licenses permitted for cities in St. Louis county. For cities in St. Louis county no on -sale liquor license may be issued in excess of the following limits, without the approval of the commissioner: (1) in cities of the third class, not more than 15 licenses; (2) in cities of the fourth class, not more than nine licenses; and (3) in statutory cities of 2,500 to 5,000 population, not more than six licenses. Subd. 3. Referendum for additional on -sale licenses. (a) The governing body of a city may issue on -sale intoxicating liquor licenses over the number permitted under subdivision 1 when authorized by the voters of the city at a general or special election. (b) The governing body may direct that either of the following questions be placed on the ballot: (1) "Shall the city council be allowed to issue 'on - sale' licenses for the sale of intoxicating liquor at retail in excess of the number permitted by law?" *61071 (2) "Shall the city council be allowed to issue (a number to be determined by the governing body) 'on -sale' licenses for the sale of intoxicating liquor at retail in excess of the number now permitted by law?" (c) If a majority of voters voting on the question in clause (1) vote yes, the governing body may issue an unlimited number of on -sale licenses. If a majority of voters voting on the question in clause (2) vote yes, the governing body may issue additional on -sale licenses in the number stated in the question. Subd. 4. Exclusions from license limits. On -sale intoxicating liquor licenses may be issued to the following entities by a city, in addition to the Copyright (c) West Group 2000 No claim to original U.S. Govt. works MSA § 340A.413, Restrictions on the number of intoxicating liquor licenses that may be issued Page 2 number authorized by this section: HISTORICAL AND STATUTORY NOTES (1) clubs, or congressionally chartered veterans organizations; (2) restaurants located at a racetrack licensed under chapter 240; (3) establishments that are issued licenses to sell wine under section 340A.404, subdivision 5; and (4) theaters that are issued licenses under section 340A.404, subdivision 2. Subd. 5. Off -sale licenses. No off -sale intoxicating liquor license may be issued in any city, except as provided in this section, in excess of the following limits: (1) in cities of the first class, not more than one off -sale license for each 5,000 population; and (2) in all other cities the limit shall be determined by the governing body of the city. Subd. 6. Area that has been annexed or consolidated. A license validly issued within the number prescribed in this section is not rendered invalid or illegal by reason of the consolidation or annexation of territory to a city and may continue to remain in effect and be renewed, except that the limitations as to ownership under section 340A.412, subdivision 2. CREDIT(S) 1990 Main Volume Laws 1985, c. 305, art. 6, § 13. Amended by Laws 1990, c. 554, § 13, eff. May 5, 1990. 1999 Electronic Update Amended by Laws 1991, e. 249, § 16; Laws 1996, c. 418, § 9, eff.' April 3, 1996 <General Materials (GM) - References, Annotations, or Tables> HISTORICAL NOTES 1999 Electronic Update 1991 Legislation The 1991 amendment in subd. 1 in cl. (4) included cities whose acts of incorporation were repealed by Laws 1973, c. 123, art. 5, § 5. 1996 Legislation The 1996 amendment, in subd. 4, deleted cl. (4), relating to Lake Superior tour boats issued licenses under § 340A.404, subd. 8, and redesignated former el. (5) as cl. (4). *61072 1990 Main Volume Derivation: St. 1984, § 340.11. Laws 1984, c. 655, art. 1, § 92. Laws 1984, c. 654, art. 3, § 85. Laws 1984, c. 640, § 32. Laws 1983, c. 320, §§ 1, 2. Laws 1983, c. 289, § 114, subd. 1. Laws 1983, c. 259, §§ 2, 3. Laws 1983, c. 214, § 33. Laws 1983, c. 194, § 1. Laws 1982, c. 638, § 1. Laws 1982, c. 631, § 1. Laws 1982, c. 630, § 1. Laws 1982, c. 597, § 1. Laws 1982, c. 528, § 2. Laws 1982, c. 424, § 130. Laws 1981, c. 357, § 83. Laws 1981, c. 123, § 1. Laws 1981, c. 118, § 1. Laws 1980, c. 581, § 1. Laws 1980, c. 509, § 62. Laws 1979, c. 325, § 1. Laws 1979, c. 305, § 3. Laws 1978, c. 742, § 1. Laws 1978, c. 607, § 1. Laws 1977, c. 239, § 1. Laws 1977, c. 217, § 1. Laws 1977, c. 89, § 14. Laws 1977, c. 56, § 1. Laws 1976, c. 5, § 11. Laws 1975, c. 345, §§ 1 to 4, 7. Laws 1975, c. 334, § 1. Laws 1974, c. 283, § 1. Laws 1974, c. 268, §§ 1, 2. Laws 1973, c. 664, § 4. Laws 1973, c. 179, § 1. Laws 1973, c. 123, art. 5, § 7. Laws 1973, c. 123, art. 4, §§ 1, 2. Laws 1971, c. 263, § 1. Laws 1969, c. 1148, §§ 53, 54. Laws 1969, c. 1127, §§ 1 to 5. Laws 1969, c. 9, §§ 76, 77. Copyright (c) West Group 2000 No claim to original U.S. Govt. works MSA § 340A.413, Restrictions on the number of intoxicating liquor licenses that may be issued Page 3 Laws 1967, c. 712, § 1. Laws 1967, c. 697, § 1. Laws 1967, c. 19, § 5. Laws 1965, c. 581, § 2. Laws 1965, c. 330, § 1. Laws 1965, c. 138, § 2. Laws 1961, c. 269, § 1. Laws 1959, Ex.Sess., c. 75, § 1. Laws 1959, c. 686, § 14. Laws 1957, c. 725, § 1. Laws 1957, c. 388, § 1. Laws 1957, c. 387, § 1. Laws 1955, c. 820, §§ 38, 39. Laws 1953, c. 695, §§ 1 to 3. Laws 1953, c. 610, § 1. Laws 1953, c. 442, § 1. Laws 1953, c. 356, § 1. Laws 1953, c. 86, § 1. Laws 1951, c. 250, § 1. Laws 1949, c. 626, § 1. "61073 Laws 1947, c. 528, § 1. Laws 1947, c. 223, § 1. Laws 1945, c. 482, § 1. Laws 1945, c. 417, § 1. Laws 1945, c. 247, § 1. Laws 1945, c. 227, § 1. Laws 1945, c. 162, § 1. Laws 1945, c. 8, § 1. Laws 1943, c. 599, § 1. Laws 1943, c. 501, § 1. Laws 1941, c. 485, § 1. Laws 1941, c. 359, § 1. Laws 1941, c. 34, § 1. Laws 1941, c. 4, § 1. St.Supp.1940, § 3200-25. Laws 1939, c. 154. Laws 1937, Ex.Sess., c. 74, § 1. Laws 1937, c. 478. Laws 1937, c. 387. Laws 1937, c. 227. Laws 1935, c. 303. Laws 1934, Ex.Sess., c. 46, § 5. Gen.St.1913, §§ 3109, 3114, 3120, 3122-3128, 3138, 3142-3145,3165. Laws 1911, c. 204, §§ 1 to 3. Laws 1909, c. 283, § 2. Laws 1909, c. 93, § 1. Laws 1909, c. 75, §§ 1 to 4. Rev.Laws 1905, §§ 1519, 1522, 1527, 1528, 1533, 1546. Laws 1905, c. 346, § 2. Laws 1901, c. 101. Laws 1895, c. 191. Gen.St.1894, §§ 1990, 2006, 2008, 2017, 2018, 2022-2024,2029,3923. Laws 1893, c. 189, § 1. Laws 1889, c. 21, § 1. Gen.St.Supp.1879-88, c. 16, §§ 25, 26, 30-32, 37. Laws 1887, c. 81, § 4. Laws 1887, c. 6, § 4. Laws 1887, c. 5, §§ 1 to 3. Laws 1883, c. 71, § 1. Gen.St.1878, c. 37, § 14. Gen.St.1878, c. 16, §§ 1, 17. Laws 1876, c. 80, § 1. Laws 1875, c. 112, § 1. Laws 1870, c. 32. Gen.St.1866, c. 16, § 1. Laws 1866, c. 40, § 1. Pub.St.1858, c. 18, § 15. Laws 1858, c. 74, § 1. The 1990 amendment in subd. 4 in cl. (3) substituted "establishments" for "restaurants". REFERENCES CROSS REFERENCES Fort Snelling state park, leased property, see § 85.34. Sale of intoxicating liquor or wine, amendment of city charter, see § 410.121. LIBRARY REFERENCES 1990 Main Volume Intoxicating Liquors <8=46 1/2. "61074 WESTLAW Topic No. 223. C.J.S. Intoxicating Liquors §§ 94, 100. ANNOTATIONS NOTES OF DECISIONS Annexed or consolidated areas 2 Census and population 1 Club licenses 5 Number of licenses, generally 3 "Off sale" licenses 4 Separate licenses 6 1. Census and population Incorporation census for newly incorporated villages must form basis for determining number of private liquor licenses they may issue as well as their eligibility for municipality liquor dispensaries. Ellis v. Village of Bloomington, 1955, 245 Minn. 292,72 N.W.2d 350. When a city of the third class becomes a city of the second class, it may issue 18 liquor licenses, notwithstanding a vote of the electorate authorizing 17 licenses when the city was a city of the third class. Op.Atty.Gen. No. 218g-6, April 15, 1987. City of the first class would be required to reduce number of intoxicating liquor licenses that it might issue, based on the reduction in its number of inhabitants as shown by the last federal census. Op.Atty.Gen., 218-g-1, July 29, 1971. Copyright (c) West Group 2000 No claim to original U.S. Govt. works MSA § 340A.413, Restrictions on the number of intoxicating liquor licenses that may be issued Page 4 The number of on -sale liquor licenses which could be granted by village, was governed by the last federal census, and village council had no right to take into consideration the growth and population of the village since that census. Op.Atty.Gen., 218-G-6, June 6, 1947. Definition of "population" in subd. 77 (now, subd. 8) of § 645.44 controls meaning of same term as used in this section, hence population used in § 340.11 (repealed; see, now, this section) as basis for number of liquor licenses which village may issue is shown by last preceding census, state or United States, unless otherwise expressly provided. OpAtty.Gen., 218-G-6, May 6, 1946. Census taken pursuant to § 275.14 is local special census taken only for taxation purposes, and is not intended to be applied in determining population used as basis in issuing liquor licenses in accordance with this section. Op.Atty.Gen., 218-G-6, May 6, 1946. A private census cannot be considered in determining population of villages for purposes of issuing liquor licenses, but population must be determined by the last federal or state census. Op.Atty.Gen. 1940, No. 153, p. 201. "61075 2. Annexed or consolidated areas Subdivision 6 of this section under which a liquor license in annexed territory remains in effect and is not rendered invalid because of the annexation, has no application when the number of licenses in the annexing municipality plus the number of licenses in the annexed territory are less than the total number of licenses statutorily authorized. Op.Atty.Gen. No. 218g-6, April 15, 1987. Cities consolidated from a single municipality could issue the number of on -sale liquor licenses equal to the total number of licenses which the individual cities might have issued prior to consolidation. Op.Atty.Gen., 218g-1, April 1, 1983. Special legislation which granted additional liquor licenses beyond those provided by § 340.11 (repealed; see, now, this section) would remain in effect even though the city which was the subject of special legislation consolidated with another city. Op.Atty.Gen., 218g-1, April 1, 1983. A restaurant holding an on -sale intoxicating liquor license issued by the county, if the area in which the license is located is annexed to a city, will be subject to the conditions and requirements of the city's ordinances relating to the sale of intoxicating liquors. Op.Atty.Gen., 218g-1, May 2, 1977. A pre-existing liquor licensee may be able to establish in certain rare circumstances that immediate compliance with the terms of a particular pre-existing local ordinance imposed as the result of annexation would be impossible or so unreasonably burdensome as to constitute a de facto invalidation of the license by annexation itself, but the burden of demonstrating that imposition should be on the licensee. Op.Atty.Gen., 218g-1, May 2, 1977. A city which annexes a parcel and renews the liquor license for a restaurant located on that parcel must count the license renewal towards its allotted number of authorized on -sale licenses. OpAtty.Gen., 218g-1, July 14, 1976. An on -sale license issued by a county board to restaurant located on land which was annexed to municipality, which is renewed, did not constitute one of that number of licenses which could be issued pursuant to § 340.353 (repealed; see, now, §§ 340A.601 to 340A.603), and therefore continued renewal of that particular license was not to be counted in determining whether a municipality had to cease engaging in the municipal liquor store business. OpAtty.Gen., 218g-11, Feb. 22, 1974. "61076 An on -sale license issued by a county board to a restaurant located on land which is annexed to the municipality remains in effect after annexation and may be renewed by the municipality. Op.Atty.Gen., 218g-11, Feb. 22, 1974. 3. Number of licenses, generally A village could, in its discretion, limit the number of liquor licenses to less than those specified in subd. 7 of this section (repealed; see, now, this section). OpAtty.Gen., 218g-11, March 1, 1963. A person engaged in manufacture or wholesale of distilled spirits, wines and beer containing in excess of 3.2 per cent of alcohol by weight, is not required to hold licenses in each field, but may operate his business under one license. Op.Atty.Gen., 218-G4, June 12, 1947. 4. "Off sale" licenses Action of city council in denying off -sale liquor license to otherwise qualified applicants on ground that the three existing establishments with liquor licenses fulfilled needs of community and overtaxed city's limited traffic and law enforcement facilities was reasonable. Polman v. City of Royalton, 1977, 311 Minn. 555, 249 N.W.2d 466. There is no limit to number of off sale licenses that may be issued, but such number must be determined by village council. Op.Atty.Gen., 218-G-5, Jan. 4, 1950. 5. Club licenses There is no restriction as to number of club liquor licenses which may be issued provided that licensees possess necessary qualifications. Op.Atty.Gen., 218c-1, July 19, 1965. 6. Separate licenses Each separate corporation engaged in wholesaling liquor should have a separate license. Op.Atty.Gen., 218-G-12, Jan. 9, 1948. If there is but one corporation operating from two different Copyright (c) West Group 2000 No claim to original U.S. Govt. works MSA § 340A.413, Restrictions on the number of intoxicating liquor licenses that may be issued Page 5 places, it need only have one license. OpAtty.Gen., 218-G-12, Jan. 9, 1948. Where the same corporation has been issued two licenses, it may operate until the expiration of its last expiring license. OpAtty.Gen., 218-G-12, Jan. 9, 1948. The manufacture and wholesale of distilled spirits, wines, and malt beverages over 3.2 per cent alcoholic content, need not be separately licensed. Op.Atty.Gen., 218-G4, June 12, 1947. Copyright (c) West Group 2000 No claim to original U.S. Govt. works EXHIBIT A City of Otsego Proposal Background Information Wright -Hennepin Cooperative Electric Association (WH) is an electric distribution cooperative formed in 1937. Currently, WH serves over 26,000 members in the counties of Wright, Hennepin, Stearns, Meeker, Sherburne and Carver. The cooperative is consumer owned and governed by local citizens. Services other than electricity provided by WH include: Home Security, Security Response, Wireless & Land Line Communications, Electric installation and Contracting, Pager, 24 hour Electric Dispatching, Internet, Appliance Warranty, and Surge Protection. This proposal concerns an additional service, where WH would provide water reading/billing services to the City of Otsego. WH proposal is related to the City's current construction of a new wastewater treatment plant & potable water infrastructure, which will initially serve a 1,000 — 1,400 home development. Otsego City administration projects that the development will be complete in five to ten years, assuming that 150-250 homes are built per year. The wastewater treatment is scheduled to be operational by the fall of 1999, and is sized to add future systems beyond the development at issue. WH Services Proposed services which WH would provide to the City for the water/sewer project include the following: • Meter Reading • Billing • Cash Collection • Management of Delinquent Accounts • 24 Hour Dispatching (Optional) Meter Reading WH currently has the equipment and software, to accommodate meter reading of the water/sewer project. WH would be responsible for physically collecting the meter data, provided that the City purchases and installs the ItronTm remote reading system (ERT) into the city's choice of water meter. Since the new homes will also be WH customers, WH would also install the ERTs into their electric meters at the time of installation. WH currently has handheld meter reading devices which have the capability of reading the ERTs by radio frequency, therefore the meter reader does not have to go onto the customer's property, unless the device is unable to read the meter and/or to verify the accuracy of the device. City of Otsego Proposal Page I june i 999 March, 2000 WH's contracted meter reading service, RMR Services, Inc., would read the water meters simultaneously with the electric meters (under WH/RMR's current contract). Not only would this create efficiencies for both utilities, it would also eliminate the redundancies created by two meter readers reading the same residence. The City of Otsego area meters are read the second week of the month or around the 10th of the month. RMR currently reads 36,000 of WH meters on a monthly basis. RMR Services would have the ability to install the ERTs into the city's choice of water meter. For further technical information, please contact Brent Anderson at RMR Services, Inc., 1228 South 7th St., Minneapolis, MN 55415. 612-376-7600. Billin WH would be responsible for calculating the billing based on the meter data collected. WH would print and mail the statements. Proposed pricing includes paper, processing the bill, outer envelope, reply envelope and postage and management of the receivable. The water and sewer billing would be included as a separate line item on the customer's electric statement. WH would set the water and sewer billing up as a separate receivable. The water and sewer billing would be included on WH's statement, but displayed as a separate service. The customer would see the total of their water and sewer service as well as the total to be remitted for all services on the statement. See sample of statement (attached). The City of Otsego area is currently billed for electric and other services the third week of the month (approximately the 21St of each month). Payment is due the 8th of the following month unless the customer chooses the EZ Pay plan (ACH) which provides the customer with additional payment choices of the 1St, 8th, or the 15th of the following month. Cash Collection WH would be responsible for collecting and posting all payments and remitting payment to the city on a monthly or semi-montly basis. WH is flexible regarding timing and related arrangements. Delinquent Accounts WH could be responsible for collection of delinquent accounts through the City's standard disconnect period. WH's current software system has the capability of putting a reminder on the bill, and sending out disconnect notices etc. for individual services. WH would send out the disconnect notice, but it would be the City's responsibility to physically disconnect the customer. Pricing includes reminder statement and disconnect notices as well as coordination with the City for payment arrangements and disconnects. City of Otsego Proposal Page 2 juHe 1999 March, 2000 24 Hour Dispatching (Optional) WH provides 24 hour dispatching services. WH could provide the City the following dispatching services: • Around the clock personal response. • Disconnect and reconnect customer call handling. Please note that pricing for the above dispatch services are not included in this proposal, but could be added at the City's request. Proposed Pricing WH's proposes a monthly package fee for the City, to include the services of meter reading, billing, cash collections, and delinquent account management. Package cost would be the following: Monthly Base Fee $200 Monthly Customer Fee $1.75 (per account) This proposal is valid for 60 days from date of issuance (6,10,199) (3/15/00). Upon acceptance, length of agreement shall be for a two-year period. Presented by V, Representing: WH(Wright-Hennepin Electric) Date 3- / S -C, C Accepted by: Representing: City of Otsego Date City of Otsego Proposal Page 3 ;a„e 1999 March, 2000 AGREEMENT This Agreement is made on the day of , 2000, between Wright - Hennepin Cooperative Electric Association of Rockford, Minnesota ("Wright -Hennepin") and the City of Otsego of Otsego, Minnesota ("City"). Recitals Wright -Hennepin is a cooperative utility furnishing electric service to its customers primarily in Wright and Hennepin Counties; Wright -Hennepin has the capability to provide certain billing services to cities that own and operate sewer/water utility systems; City will own and operate a sewer/water utility system for certain of its residents which will require billing services; and City desires to engage Wright -Hennepin to perform certain services for its residents for sewer/water services. IN CONSIDERATION OF THE MUTUAL PROMISES AND AGREEMENTS CONTAINED HEREIN, the parties agree as follows: I. Definitions. The terms meter reading, billing, cash collection, and management of delinquent accounts shall have the meaning set forth in the attached Exhibit A. II. Services. Wright -Hennepin will provide meter reading, billing, cash collection, and management of delinquent accounts (to the point of disconnection) services for the City's sewer/water customers in new residential developments served by the City's wastewater treatment plant & potable water infrastructure. There will be approximately 1,500 customers in developments when completed. The City will be responsible for purchase and installation of remote reading systems compatible with Wright-Hennepin's meter reading devices. III. Billing Information. The City will provide Wright -Hennepin with necessary billing information including late fees, and disconnection rules. The City will give Wright - Hennepin reasonable advance notice of any changes to this information. IV. Sharing of Pa mY ents. Any payments received from customers on delinquent accounts or payments received from customers for less than the total amount of the bill for Wright-Hennepin's and City's services will be shared on a pro rate basis. V. Fees for Services. City will pay Wright -Hennepin a base fee of $200.00 per month. City will also pay Wright -Hennepin a fee of $1.75 per month per customer for the services provided. City will pay these fees to Wright -Hennepin within 30 days after receipt of Wright-Hennepin's statement itemizing these fees. City and Wright -Hennepin will mutually agree on the date upon which these fees will begin. VI. Liabilily. Wright -Hennepin agrees that it will use its best efforts to perform the billing services under this Agreement in accordance with the standards that it uses in performing these services for its own customers. Wright-Hennepin's liability to the City shall be limited to its failure to comply with those standards. Wright -Hennepin shall be responsible for any independent contractors it hires to perform services under this Agreement. VII. Independent Contractor. Wright -Hennepin is performing the billing services under this agreement as an independent contractor(s) and nothing herein shall create any association, partnership, or joint venture with the City nor any employer/employee relationship. VIII. Indemnity and Hold Harmless. Each party shall indemnify and hold the other party harmless against losses, claims, liabilities, and damages, including reasonable attorney's fees and costs, to the extent that the same are sustained as a result of the negligent acts, errors or omissions of the indemnifying party. IX. Term. The term of this Agreement will be for a period of two years beginning _ 2000, and ending on , 2002. X. Termination. Either parry may terminate this Agreement for the other party's failure to perform its obligations under this Agreement, provided that the other party has failed to cure any such failures after having received 30 days written notice identifying such failure or failures. XI. Sole Agreement. This Agreement constitutes the sole agreement between the parties, and no amendment, modification, or waiver of any of the terms and conditions shall be valid unless executed in writing by both parties. XII. Governiniz Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. CITY OF OTSEGO Its: WRIGHT-HENNEPIN COOPERATIVE ELECTRI ASSOCIATION By Its: V P -F ,�.aq e -<_� M:404949. I: H L:06/28/ 1999 Revised: tlj 02/22/00 Re: RCA-CC.WPS 22 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: 9. Council Items: Elaine Beatty, City Clerk/March 27, 2000 6:30PM INVOldvaelejuvol"101.541ZI @ 1 ;1' �► 9. Council Items: A. Re -Appointment of Steve Ackerman to EDAAC B. Consider Fineken's Water Centers quote for Water Treatment for Peavey House. C. Any Other Council Business BACKGROUND* A. This item was continued from the March 13, 2000 Council Agenda. This is for Council consideration. Mike Robertson will be present for questions or information re: same. B. See attached infromation re: quote. C. This is for any other Council Business that may be added. RECOMMENDATION: These are for Council consideration. Thanks, Elaine zz( Tnker& Water Quality Water Treatment Since 1961 March 17, 2000 City of Otsego 13620 C.R. 39 Otsego, MN 55330 Re: Water Treatment for Rental Property (13620 C.R.39) 11230 70th Street N E P.O. Box 59 Albertville, MN 55301 Thank you for giving us this opportunity to quote on the water softener for the rental house. As a current customer, we value our relationship and appreciate your business. We hope you have been satisfied with the service we have provided. Based on the information we attained, we recommend the following equipment. UE1012-Metered Water Treatment System -$28.00 Per Month Inline Filter -$75.00 Installation $100.00 Krystal Kleen Pump - $98.00 Salt (240lbs) — $24.30 For nearly 40 years, Finken's Water Centers have been serving the needs of various communities in Minnesota. Our family owned and operated company began with hard work, quality products, professional technicians, exceptional service and dedication to our customers. We specialize in Water Conditioners, Drinking Water Systems, Bottled Water, and Iron & Odor removal systems. We also provide a salt delivery service for those who wish to have the convenience of having salt delivered to their homes. Thank you for your time and if you have any questions regarding the attached material please give me a call at the above number. Once again, thank you for this opportunity! Regards, rJ� Matthew Stahlmann www.finkens.com Phone (763) 497-2672 - Fax (763) 497-2652 - St. Cloud (320) 656-9411 - Toll Free 1-877-FINKENS (346-5367) 12 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED RY4 9. COUNCIL ITEMS: Elaine Beatty, City Clerk/ March 27, 2000 6:30PM ITEM NUMBER: ITEM DESCRIPTION* 9.2. Mike Robertson, City Administrator - Update: A. Approval of the Lift Station Pumping Bid B. Consider Agreement w/City of Monticello Re: Domestic Wastewater Acceptance. C. Any Other Administrative Business BACKGROUND, A. Mike Robertson will be here to explain this and answer questions. See attached information. B. See attached letter from Monticello. C. This is for any Other Administration Business. RECOMMENDATION: These are for Council consideration and any approval needed. Thanks, Elaine FYLE'S EXCAVATING & HONEY WAGON 9697 HARDING AVE. N.E. Tele. (612) 295-2511 MONTICELLO, MN. 55362 Fax . (612) 295-5422 ROPOSAL SUBMITTED TO Phone ate City of Otsego 441-4414 3-21-00 Street Address 8899 Nashua Ave. N.E. Job name LIFT STATION City, state, zip Otsego, Mn 55330 Job location Architect: ate o plans: Other information: Capacity of 8500 gallons e hereby submit specifications and estimates for LIFT STATION PUMPING: INCLUDES: Pumping lift station at cost of $.055 per gallon. PLUS - Initial set up charge of $1,200.00. E PROPOSE to furnish all material and labor as stated above for the amount of: Payment to be made as follows: dollars ($ ) As billed I ACCEPT ABOVE PRICES - If changes are needed contractor -:ontact me first. Please return signed copy if bid accepted. ATE ACCEPTED LI # 88 (Contractor) /(Acceptance i/3 0 days or may be E withdrawn by contractor.) OWNER COPY i�UsOOpO�Qi� FYLE'S EXCAVATING & HONEY WAGON 9697 HARDING AVE. N.E. Tele. (612) 295-2511 MONTICELLO, MN. 55362 Fax . (612) 295-5422 ROPOSAL SUBMITTED TO Phone ate City of Otsego 441-4414 3-21-00 Street Address 8899 Nashua Ave. N.E. Job name LIFT STATION City, state, zip Otsego, Mn 55330 Architect: Date of plans: Job location Other information: Capacity of 8500 gallons e hereby submit specifications and estimates for LIFT STATION PUMPING: INCLUDES: Pumping lift station at cost of $.055 per gallon. PLUS - Initial set up Charge of $1,200.00. E PROPOSE to furnish all material and labor as stated above for the amount of: Payment to be made as follows: dollars ( ) As billed I ACCEPT ABOVE PRICES - If changes are needed contractor F ontact me first. Please return signed copy if bid accepted. ATE ACCEPTED ( ) LICE 9E 880 ntractor) (Acc tance in 3 0 ys or may be DA withJ�rawn by contractor.) CONTRACTOR COPY A SCHLUENDER CONSTRUCTION, INC. 3331 - 90TH ST., NE PH. 295-5784 MONTICELLO, MN 55362 Page No. of -Pages PROPOSAL SUBMITTED TO PHONE DATE STREET JOB NAME CITY, STATE AND ZIP CODE JOB LOCATION ARCHITECT DATE OF PLANS JOB PHONE BPHONE We hereby submit specifications and estimates for: We Propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: dollars ($ Payment to be made as follows: All material is guaranteed to be as specified. AM work to be completed in a substantial workmanlike Authorized manner according to specifications submitted per standard practices. Any alteration or deviation from Signature above specifications involving extra Costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers Note: This proposal may be withdrawn are fully covered by Workman's Compensation insurance. by us if not accepted within days. _:ceptance of Proposal- The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature Date of Acceptance: Signature LISErT` R,V_PA1-�E AE PAGE 01 JATE(MN•Cr,r` ACORD. CERTIFICATE OF LIABILITY INSURANCEC&R DR DH CSR 03/21/00 THIS CERTIFICATE :S ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON TI -E CERTIFICATE Liberty Inu . Agenoy / RJA -OLDER. THIS CERTIVICATE CCES NOT AMEND, EXTEND OR 1 113 s 7th Ave Box 1374 TER THE COVERAGE A=FOROED BY THE ?O-IC!Fs BEL:)VV. st Cloud MN 56302 COMPANIES AFFORDING CO'JERAGE b^NNA HAAOL'JSGN Y !,?rcner�c 320-253-631C ;..N5 320-240-7910 I AUTO OWNERS INSURANCE CO ' rc.uRr.V _•MF •'vY B CINCINNATI INSURANCE SCHLUENDER CONSTRUCTION, INC. I COMPAI\V G o R SCHLUENDER PROPERTIES, I C STATE FUND MUTUAL INS CO 3331 90TH STREET NE ccnwAnv MON:,CELLO MN 55362 D � Z')VERASES - 11 THIS 1S ?C CERTI *Y THAT THE PC.;CIES OF INSURANCE "TED SFLC',-1 HAVE BEEN IS3UEC TC THE ,NSJRE.''. N W.EC A901:E FOR T iE POLICY PERIOD INCiCAT :D NCTYJ'THSTONDaJO ANY RE'.CUiRIEWNT, TERM OR CONDITION OF ANY CONTRACT CR OTHER DOCUMENT iJITH RESPECT TO YVHICH 7,4C CCR'MIC.0.TE. MAY DE iSSUED OR MAY PERTAIN, THE INSURANCE AFFORCED BY THE POLICIES DESCRIBEC HEREIN IS SUEJECT TC AL_ THE TERIAS, EXCiU51GN:i AND .»CONCiT;JNS OF SU_:H &CLICIES. L.IMIT3 SHOWN_M_A'Y HAVE BEEN REDUCtD BY PAID CLAISIS. ......... ._...... .. ..—._-. — I T DATE N:MDW!Yj GATE (MNVDO!YY .._._. _. _.._...... .. __ .. In i �GL.'CY+JUMBER-YPCLICYE;FECnVE PQLCYEXPIRATION LAATS .. L' :!AIJN_ITY i CEhEiAL AyGAFGAT% I S 1 , OOC , 000 A X :%+,•+IRaA r,:rc>«.LARI,,Tr ! 984606-08400196-98 1 07/12/99 I 071/12/00 j PRCCUCTS CCMP�OPAGO IS 2 000 000 ! I C1.4:I+15 MAGE X, PERSONAL R ACV INJJRV f S 500 , 000 CM!'ERE.AG'NTRA=OF'SPROT� I I EACH OCCURRENCE- 15500,000 FIRE DAMAOE i%PV one nnl _»i S 5 0 , 0 0 0 I mf 0 EX, •'A.\v one Wr6am) 1$ 5,000 z.'_tiCBII, NASI. ,T ! COMBINED SWC -LE LIMN i$500,000 A X A•,YA.U'C 41-400-136-00 ? 07/12/99 07/12/00 B Ac.HEGULI'L'+AUTG; I (pwpon)onky j S _I M'RFOAUTS:S r ..._1 I E3CGILY NJLkY ! _ W':•N-CVJ'�E7 AVTv& ; I I (PH FCCICM•Q I . '.. ...._....__—..__.._....__' I I I PRGPERTY DAMAGE 1 $ GARAGE: AiiLITY 1 - L �••_... � IAUT;•,�HLY"•EAACCIDEIJ7 S ANY AL 7•� I OTHCR'.MAN A.TO ONLr I -»..• _.__...__. .. ..... .__.. i _..._.__.._EACHACC:MNT I S ~ i A3 iREUATE I S exGi SL'4y:•'r1 i EACHOCCLARREN:E ;s2 000,000 CCC 444 56 45 07/12/99 07/12/00 ' AGGREGATE s 2,000,000 --- I Y.7pwERS GOS7i Eh'SAt 7N ANGX STAT J• EL EACH ACCIDENT ' 11100000 -HE---{ ?RCP;"CTOR! r...--'---------- --` ---- - .. INC; 014578.20L 041/01/99 047 01/00 EL DISEABE• P9lWaFaIW:� Is 50000_0_— 1 fJERS/EXcC'JfN'E >- -iI.__— '._'j•.-_ _ iFFI�r6i i AREX ' EX.^l' EL MSEA3E - • EA CMPLOYCE 13 100000 I ----MP - ------ 'tEr:rAlr'tL:u QI : �CR4��0,`,S,L{A�IOf„•`!ENICLESSPECIAL R>:MS WORKERS COMPENSATION POLICY LIMITS APPLIES TO DISEASE AND ACCIDENT. CERTIFICATE HOLDER CITY CF' OTSEGO O'" S Y: 50 MN GA'NGELLATICN \ TSE(30C SHOULD AN' OF THE ABOVE DESCR1KO F' )JOGS BE CANCELLEC BEFCRG 'HE EXPIRATICN OA.TE THEREOF THE 169:J -h:: COAIPAN'! VilLL ENOFAVOAs Tp MAIL YS CAPS WARTE;V VU'CE *0 `.ME; EATIfL;A'E HOLDER "UME1 TQ THF LI •1, BST FA,LL,RE TC AMI. SLC4 NOTICE SMALL IMPOSE Hr Ca..t4AInf,!)M ,:A-U_,–Y Cr ANY K!NC LPO" THE :CMPAh•r I' S.A3EhT3 OP RE'P.ESENTAT E! ACT-WRIZEO REPREGENT.ATNE . DONNA HAROLDI$ON " ACORO CORPORATION 13c8 SERVICE WEST CONTRACTING Proposal FROM P.O. BOX 31 ELK RIVER, MN 55380 k0hG / - � Proposal No. Sheet No. oat.3•-.�o�--DD Proposal Submitted To Work To Be Performed At Street $trees City State Date of Plans Architect City State Telephone Number We hereby propose to furnish all the materials and perform all the labor necessary for the completion of 7T)111 h_?21 &(1111w 0,75- 72-12-0t. 1 I All material is guaranteed to be as specified, and the above work to be performed in occordance with the drawings 0 and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollar: i$ 1- h payments to be made as follows Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurcmce upon above work. Workmen's Compensation and Public Liability Insurance on above work to be taken out by - a Respectfully submitted �4 Per y Note —This proposal may be withdrawn by us if not accepted within days! ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted Signature Data Signature FORM 2450 IF LITH* IN U. i. A. MAF -22-00 WED 9:13 AM PUBLIC WORKS FAX Na. 16122713272 2/ 3 CITY OF MONTICELLO AGREEMENT FOR THE ACCEPTANCE OF DOMESTIC WASTEWATER FROM THF. CITY OF OTSEGO This Ag,reeanent, made and entered into this day of 2000, by and between the City of Monticello, a municipal corporation and the City of Otsego, a municipal corporation. W1;3FRLAs, the City of Otsego has requested that the City of Monticello accept raw domestic wastewater up to an amount of 8,500 gallons a day from the City of Otsego until December 31, 2000, when it is expected that the City of Otsego will have capacity at their own wastewater treatment facility to handle the wastewater. WHEREAS, the City of Monticello has adequate capacity at this time and in the immediate, foreseeable future to handle the domestic raw wastewater from the City of Otsego in the amount of up to 6,500 gallons a day; NOW, T.FtEREFORE, The City of Otsego and the City of Monticello do hereby enter into as agreement to receive and treat the domestic raw wastewater under the following conditions: 1 _ The City of Monticello agrees to accept said raw domestic wastewater and provide a reliable point of disposal so long as the waste remains domestic, is non-toxic, and does not, in the sole discretion of the wastewater treatment plant chief operator, hamper or impede service or operations to city residents. 2. The amount of raw domestic wastewater that the City of Monticello shall accept fi-om the City of Otsego shall not exceed 8,500 gallons per day. The rate of discharge shall not exceed one hundred fifty (1.50) gallons per minute. 3. The City of Otsego and/or their authorized agent shall be required to take a one (1) quart representative sample from each load transported to the wastewater treatment plant. The samples shall be marked with the date, time, and load and placed in the refrigerator at the plant for analysis, The City of Otsego and/or their authorized agent shall maintain a log of wastewater transport and disposal at the City of Monticello's Wastewater Treatment Plant. Samples will be tested if, in the sole discretion of the wastewater treatment plant chief operator, a problem with the operation of the plant and/or a danger to public health and safety are discovered which could be related to the raw domestic wastewater from the City of Otsego. Any testing required to determine to toxicity or strength of the samples shall be paid by the City of Otsego within thirty (3 0) days of receipt of invoice. 4. The raw domestic wastewater shall be delivered to the City of Monticello's Wastewater Treatment plant between the hours of 7 a.m. through 3:30 p.m., Monday through Friday. Trucks hauling, raw domestic wastewater shall not exceed nine (9) tons per axle upon Hart Boulevard or the entry point to the wastewater treatment plant during spring road restrictions. The City of Otsego agrees to pay the City of Monticello an agreed minimum rate of $30.00 for the - r,vp: ,LvGNU PA000T;EG04'AfVJAp: 30f CW20M MAR -22-00 WED 9:19 AM PUBLIC WORKS FAX NO. 16122713272 L'. 3/ 3 first 3,740 gallons per month; then $6.94 for each additional 1,000 gallons per znnonth or portion thereof (rate subject to increase). The City of Monticello shall invoice the City of Otsego monthly All invoices shall be paid within thirty (30) days of receipt. The City of Otsego shall be respocnsible for any additional costs incurred by the City of Monticello attributable to the City of Otsego's raw domestic wastewater including, but not limited to, special treatment or disposal outside of norrrnal working hours. Upon execution of this Agreement, the City of Otsego agrees to pay the City of Monticello a deposit of Five Hundred Dollars ($500.00), which shall be applied to the last month's billing,. t,. So long as this Agreement is in effect, the City of Otsego shall provide the City of Monticello with evidence of insurance in an amount not less than $1,000,000, naming the City of Monticello as an additional insured, against loss or damage to the City of Monticello's Wastewater 'treatment Plant arising out of the activities of the City of Otsego hereunder. All agents, employees, or representatives of the City of Otsego involved in the vehicular transfer of the ratio domestic wastewater shall im6ntain automobile insurance against property damage or personal injury in an amount not less than $1,000,000. .7, The City of Monticello reserves the right to terminate this Agreement upon tett (10) days written notice upon the occurrence of any of the following events: a. The City of Otsego fails to pay any amounts due under the terms of this Agreement within thirty (30) days of receipt. b. The City of Otsego fails to comply with the terms and conditions of this Agreement in any material respect. C. If the City of Monticello determines, in its sole discretion, that the City's Wastewater Treatment Plant lacks capacity to accept raw domestic wastewater from any source outside of the city. D. Notwithstanding the provisions of this paragraph, the City of Monticello reserves the right to terminate this Agreement upon 24 hours oral or written notice if, in the opinion of the chief operator, the raw domestic wastewater from the City of Otsego presents an imminent threat to the operation of the plant or the health and/or safety of the citizens of the: city. S. Unless earlier terminated as provided above, this Agreement shall terminate on December 31, 2000. The Agreement can be extended in six (6) month increments by mutual agreement between the parties in writing at least thirty (30) days prior to the date of termination. IN WITNESS vVIJEREOF the parties have set their hands the day and year first above written. CITY OF MONTICELLO CITY OF OTSEGO By: - By:- lt5, Its: C�UOIINAYYORtlVAOCbTdECYJYN'/.AGR: y151'OOa CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION DEPARTMENT MEETING DATE Item 9 Council Items March 27, 2000 ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 9.4.A. Clean Up Day Judy Hudson, Deputy Clerk The "Big Event" is just around the corner and the fee schedule needs to be considered for this year. Attached is the 1999 Clean Up Day Report. The Budget for this year is $12,000. I haven't heard from Demcon if there have been any price changes for the household junk landfill prices and roll -offs. The appliance prices will be the same this year, $10 per appliance for household only - NO RV or COMMERCIAL appliances will be accepted. We will advertise this. We will be working with Central Appliance Recycling out of St. Cloud. They were here last year and Dave Chase recommended them for this year. Corrow will be doing the scrap metals BUT we will need one or two volunteers supervising this area this year as Corrow won't have someone on site. Corrow will let me know what is not acceptable. First State Tire will have a trailer out here this year which I insisted on. The prices charged will be the same. Attached is the suggested Fee Schedule which is the same as last year. I am so looking forward to seeing all of you at the 2000 Clean Up Day!!! I think Elaine has a poor excuse for not attending this year just becuase her daughter is getting married that day. CLEAN UP DAY MAY 6, 2000 9AMto2PM OLD CITY HALL CLEAN UP DAY SATURDAY MAY 6, 2000 9AMto2PM Central Appliance Recycling $10.00 $12.00 Air conditioners $15.00 $15.00 First State Tires Car Tires $1.00 $1.00 Light Truck Tires $2.00 $2.00 Large Truck Tires $5.00 $5.00 Tractor Tires $15.00 $15.00 and up (tractor tires charged at staff discretion) Innertubes $ .50 $1.00 Bike Tires $ .50 $1.00 Motorcycle Tires $ .50 $1.00 Corrow Sanitation Scrap metal No Charge Batteries (vehicle) No Charge Demcon Disposal Disposal of household goods No Charge $135 a pull plus landfill costs Mattresses, box springs $15.00 each $10.00 Sofas, recliners (anything containing springs) $7 item $5.00 1999 CLean Up Day NAME OF VENDOR ITEM NUMBER OF ROLL OFFS TONNAGE AMOUNT AMOUNT COLLECTED AMOUNT PAID DIFFERENCE Central Appliance Recycling Appliances 160 Units $1,294.00 $1,665.00 $421.00 DEMCON Hauling 12 - 30yards $1,620.00 $1,620.00 DEMCON Landfill 61.27 tons $641.00 $3,573.90 $2,932.90 First State Tire 800 tires 5.92 steel $1,175.00 $1,437.00 $262.00 SI Environment Oil Filters 2 drums $0.00 $100.00 $100.00 Oil $0.00 $0.00 $0.00 orrow Steel 4 - 30 yrds $0.00 $480.00 $480.00 - 20 vrds $0.00 $400.00 $400.00 Batteries No count done $0.00 $0.00 $0.00 Schwartzman Company Steel 20.57 tons $411.40 $0.00 $411.40 Total Rec clers 291 Advertisinq Ads 2 times $224.00 $224.00 Miscell Costs Food $74.28 $74.28 TOTALS 87.76 tons $3,471.40 $9,574.18 $6,102.78 ount reinbursement 1 $798.25 Final City Cost $5,304.53 Prepared by Judy H Ison, Deputy Clerk CLAIMS LIST CITY COUNCIL MEETING March 27, 2000 TO: City Council Attached is the Claims List for your consideration. For more detail, please refer to the Check Detail Registers. If you have any questions regarding this service, please let me know. Claims Register $ 198,453.17 Automatic Pay Deductions $ -0- GRAND TOTAL $ 198,453.17 If you have any questions or if you would like to review this list further, please let me know. Judy Hudson Deputy Clerk/Treasurer CITY OF OTSEGO Sunday, February 13, 2000 Check Summary Register Page 1 of 1 Total Checks $198,453.17 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid ANDEXXER INC $255.00 UnPaid BONESTROO ROSENE ANDERLIK $7,384.20 UnPaid BOWMAN SHEET METAL HEATING AIR $1,635.41 UnPaid CRAGUN'S CONF CENTER $212.72 UnPaid DOYLE EQUIPMENT, INC $993.00 UnPaid ENCOMM $27,720.62 UnPaid EVERGREEN LAND SERVICES CO $150.00 UnPaid GOVERNMENT TRAINING SERVICE $284.00 UnPaid H G WEBER OIL COMPANY $2,021.17 UnPaid HAKANSON ANDERSON ASSOC INC $23,586.48 UnPaid I.S.D. 728 $3,707.50 UnPaid IIMC $P8.95 UnPaid LEAGUE OF MN CITIES $161.62 UnPaid LONG & SONS $399.38 UnPaid LYLE H NAGELL CO INC. $1,800.00 UnPaid MAMA $i6.00 UnPaid MCALPINE LAWN SPRINKLERS, INC $160.00 UnPafd MEDICA $3,118.41 UnPaid MINNESOTA LIFE $62.70 UnPaid NORTH STAR INTN'L TRUCKS $112,480.00 UnPaid ONRAMP, INC $39.95 UnPaid PITNEY BOWES $17.46 UnPaid SOFTRONICS $325.00 UnPaid STS CONSULTANT'S LTD $7,371.65 UnPaid SUPERIOR SERVICES $460.00 UnPaid WRIGHT COUNTY AUDITOR -TREASURE $20.00 UnPaid WRIGHT COUNTY HUMAN SERVICES $2,634.00 UnPaid WRIGHT COUNTY RECORDER $97.50 UnPaid ZIEGLER INC $1,310.45 Total Checks $198,453.17 CITY OF OTSEGO Sunday, February 13, 2000 Check Detail Register Page 1 of 4 Check Amt Invoice Comment •N 'r. ?:' '\ �. :: •: •.;:•:.;•:::::::. .::;; .................. '�'• a�`,;4:;�S:;a+tir vYiy*e\e�.J`�. i•..�wrrf`',�:•••'�„•}:�+1.,�.'•�rf.�irii:•`'�:��`C:��'°�`:� :2'w+r�.�s�< 10100 BANK OF ELK RIVER Y..n ,.,�:w�}}..»�»:vr-}}:},vm}:�,.,�;,of:».:»»::,..«.Ys,:.>.�.:,�.,�::t,wN>a;.w�.,ro,..�..,,e«�.w,�.>.,•<s,.,..,,,w,.,.»�,.n,�,x...�.•�xK...wx,r�w,»:w„�,wx»,vxr„ Unpaid ANDEXXER INC E 101-43100-310 Miscellaneous $255.00 6515 Garage Furnace Total ANDEXXER INC $255.00 ..........n:.....m............ u....::.:}.>. wr.•:4Y:»:•>:-»»>:,tlC•}}}:?>:M>»}](�R-FNC ,]s�tlCN4:w,W0, WOOOOOl06]OOJ.+W'/Y:IAWhW%,1 WQM'\O>:<!n`WPY.00NOONW9000WOOlOJP ,:,x,Y.•.:: r:+»wwTv.,•.:.,•. vw:::.w-: n•..: : .......... . ..... ............. ::., ..: -. -:-SS.'fFX>'f.^:>\Y>TY.•!:}:C: RO Unpaid BONESTROO SENE ANDERLIK E 415-43251-302 Engineering Fees $7,384.20 068563 1-1-00 thru 2-29-00 Total BONESTROO ROSENE ANDERLIK $7,384.20 .n.....r..:.,n......................, ........f'f.•:C:SAY9C:'r.5ti•}FrititiSSC:t:4:i-\SSttIX•�ttp:i:•:4»WYiiOW�OJCfi0t<W'lfiCN/n"Vl.<l:.t:,ti[{SJ:�OltftiFlit<q[SSLCIXG{LBJOC::SW%U.:[K.fiCLfdWV�MMKM'f<ff<YfffSfAYMYfK. •nw:.,v:.,•: n•.,w.. ...... . . .....................::-.+v::. �.r Nf.4•»:S^:::>:>:ti.: Unpaid BOWMAN SHEET METAL HEATING AIR E101-41940-400 Repairs & Maint Cont (equip) $1,635.41 22276 City Hall Furnace Total BOWMAN SHEET METAL HEATING AIR $1,635.41 »:n:,.::::.,::•::n,,::..:,•.,.:::n•::::::_.::.»•::.»•:.,-.,,,-:..a,>::m::::t.:::•:r,;<-,;-:k->::,.:�:IX<IXIX«,�..r}}:»,}}:.w,:>.»......>. Unpaid CRAGUN'S CONF CENTER E 101-41400-360 Education/Training/Conferences $212.72 Robertson - MCMA Total CRAGUN'S CONF CENTER $212.72 Y.:«<.,.�»:«k..•m�.,�.•f�::h,:.Y«M.,Y.,-::<.,•::.�:::::.,-::::n-::::::::.,.::.:.,.:::n•:::n,-..,:.,-:::::n,-.,-.,.:M•:::::<nw„M:�xv�:.m�:�:�,rxv.,�,}}}�:,�>:• UnPaid DOYLE EQUIPMENT, INC E101-43100-220 Repair/Maint Supply (GENERAL) $993.00 17972 Parts Shouldering Machine Total DOYLE EQUIPMENT, INC $993.00 UnPeid:..................:............:.kn.....r....p..:•:ENCOMM;: >:•:::>:.......,..•:. m,...,t...K..... n,.: v�:,-»��:t«<;t.>:::s,,....:�.}>x��:IXIX}::.:..<-x«trr�}>�xn:.,,w,,..f:_ <f.,<..<..,<. E415-43251-500 Capital Outlay (GENERAL) $27,720.62 Pay Est #8 Total ENCOMM $27,720.62 -n,..,.n,n»-n,-::.,-:::n-:::nx,-.,-:::::n„-::r.,:...,,,�>} �-::«-:>,»-•:,::-::..�,SSQ•}::t�-::;-:�.,.r.,,,,»v..�>:txIX:t,.�„•:;�• .....;,�::,:«�:,�x«.x,,,,x:IX.,�;�;,�,�r;�IX,:.«rrr,:ff<.,,::.,::n•<n,,,,r.::r<.,,, Unpaid EVERGREEN LAND SERVICES CO E 415-43251-390 Contracted Services $50.00 00-198 S&W ROW E 413-43100-390 Contracted Services $100.00 00-197 Odean ROW Total EVERGREEN LAND SERVICES CO $150.00 - : SERR • ..}� �:.Y :- >:�>Ax >x Y o ma, aww� b w a,.,.x� »,• ,» '�lJnPaid�••��f��••”`�`'r:.n......rr...,,,"..>..:...•••>:t•�GOVERNMENT TRAINING SERVICE E 101-41530-360 Education/Training/Conferences $99.00 Fry- Land Use Planning E 101-41400-360 EducabonlTraining/Conferences $185.00 Robertson - MCMA Total GOVERNMENT TRAINING SERVICE $284.00 r.. .:n,. r... ::.... rr ... '\,.'........'...'." A+%trr6SY.00'?CHFfi:A,Yril4%N\KK,v<lKlw.l,YI,�CMN'dO MYA•.Y.lhll::::l:::::l: xrlxn:f/ h Y1N' :dH(H:AY.vv :v:: .. ............. . . ............ UnPaid H G WEBER OIL COMPANY E 101-43100-202 Gas & Oil $287.70 36163 Diesel Fuel E 101-43100-202 Gas & Oil $503.60 36276 Gas E 101-43100-202 Gas & Oil $270.05 36204 Oil/Grease E 101-43100-202 Gas & Oil $167.02 36277 Heating Oil E 101-43100-202 Gas & Oil $76.00 36319 OiVGrease E 101-43100-202 Gas & Oil $17.55 36204 Tax E 101-43100-202 Gas & Oil $11.41 36277 Tax E 101-43100-202 Gas & Oil $7.06 36319 Sales Tax E 101-43100-202 Gas & Oil $8.50 36277 Filter E 101-43100-202 Gas & Oil $32.65 36319 Oil/Grease E 101-43100-202 Gas & Oil $639.63 36275 Diesel Fuel Total H G WEBER OIL COMPANY $2,021.17 ft : %F. k»}}:O}s}:VYM>::................ UnPaid .r �. /f. >....., .. . .••--•. .. HAKANSON ANDERSON ASSOCINC> ,v�.Yrnvr�<piMMKOOMrn.:rnyr�NliuirdrirrKA?dMM!Nrflf</rN/A„rrww•.vxn.rmrrrr. rn,x rrxr�rirrr�ry G 701-21941 Pulte Homes $144.75 OT2196 Prairie Ck 2nd E 413-43100-302 Engineering Fees $765.83 OT334-XX Odean Ave CITY OF OTSEGO Sunday, February 13, 2000 Check Detail Register Page 2 of 4 Check Amt Invoice Comment .^•.eR:^t+6tan�,vtCT'm tika' w:..:??w...:::: r.•:+ K{•:f{i ,:.-.x...: •. w: �(p�Wfi�A/ :�• ,�{�,h �+(':Q(:;q,�v �• %, �$inQ,Y",\t3iR.?{�„ .... ".mn:,w"?,,,<, .1. iii:...'��i,,,•-ice.•.-,k.'r'v+...'[��'S'!CM4 v \�hQ�%%3:•1\?i4GL4G f? -{f ::n``t�4??i��:.r:,v�i�:?r„tw•\3.+~eTY�+'��:i�vcY: TYiP'.iQ1,�4<,k4� G 701-21940 The "Point* - Big Ed's $655.88 OT2211 The Pointe G 701-21941 Pulte Homes $633.00 OT2212 Prairie Ck 2nd G 701-21922 Pheasant Ridge $505.39 OT2199 Pheasant Ridge E 415-43251-302 Engineering Fees $452.71 OT612-XX Trunk SS E 101-41560-302 Engineering Fees $417.00 OT606 Monitoring Wells E 415-43251-302 Engineering Fees $391.69 OT507-XX Pump House E 101-41560-302 Engineering Fees $338.00 OT411 Wetlands E 415-43251-302 Engineering Fees $175.00 OT614 W W T & SS E 101-41560-302 Engineering Fees $140.00 OT604 EAW-Albertville E 415-43251-302 Engineering Fees $105.00 OT508 Water Tower Const E 101-41560-302 Engineering Fees $47.44 OT904 City Map G 701-21936 Mississippi Pines PUD 00 $37.50 OT2210 Miss Pines E 416-43100-302 Engineering Fees $903.42 OT336 Overlay E 415-43251-302 Engineering Fees $913.40 OT507 Pump House G 701-21915 Crimson ponds/Backer 99-7 $321.25 OT2198 Crimson Ponds E 101-41560-302 Engineering Fees $1,481.40 OT315 MSA Adm E 101-43100-302 Engineering Fees $1,554.88 OT910 Public Wks E 101-41560-302 Engineering Fees $1,917.50 OT922 Assess Ord E 101-41560-302 Engineering Fees $1,932.60 OT923 Gopher One Maps E 415-43251-302 Engineering Fees $3,411.00 OT612 Trunk SS E 417-43251-302 Engineering Fees $5,492.84 OT613-XX 78 St S&W E 101-41560-302 Engineering Fees $849.00 OT901 Miscell Eng Total HAKANSON ANDERSON ASSOC INC $23,586.48 Unpaid L_SD. 7 2 8-::::. E 101-45100-390 Contracted Services $3,707.50 March & April Total I.S.D. 728 $3,707.50 GgvN.K:wy.•xn!H.'M�A,valYM.ti. NNS,'m•.v::::::::::::.,v:::::::nwxw:::nw.w.v:x::::.w::::.v:.::::.vn•.v.,w.,•::: TTiY:S:>TTX•JX nviTXtt4TTTTTYTiT:�YTYY"fiTJTT>ii>XJT]C•:YAt t...:^.'>:X-:M.•TYi:4:4f?YITtiH�::9�.i.::.iY"vC-:-Th'lfi>ii::f Unpaid IIMC E 101-41400-360 Education/Training/Conferences $8.95 Role Call E 101-41400-360 Education/Training/Conferences $20.00 Art of Taking Min Total IIMC $28.95 .�.?,�...�,�..x,�,.a,•�Y..,rix...,,,•.,.w:.,w:..x,-::.,xv:...•,::.,,,,.::m,..,w::.,,w,.,,,xx„w.,.w.,,,,.,«�:�:;�:;:>:�•.X•:�:«„��:.Wt:,fw.t•>X:�:.Xt�«S,�T. � �,.o-X;e:,.a,.,.t<.�,.� UnPald LEAGUE OF MN CITIES E 101-41400-360 EducationlTraining/Conferences $161.62 2000 Directory Total LEAGUE OF MN CITIES $161.62 :wrn1„v.S..x:Y.HSxxSS:,:v:nw:.v::::::::::::::.v.v :v. v::nx,vvw:.. ,:.::: SS?%iFAY>XUC•T:CTT:TT....:...:.:...............h.:TT:C:.�f•TTTTTXVCRYf�TiT:OTy:?:O'f.C.yiX4YisyiYTYYi:?.Yiit.Xt.:.i: .:... ::..:: tw:: x: nv::: x.•:nv, : • vnx ' : -. -."t: YTY:^TX ,v.,.:v.:...., :::::::::::. -:.- UnPaid LONG & SONS E 101-41940-389 Cleaning Services $399.38 City Hall Cleaning Total LONG & SONS $399.38 :.w:::::,:::::::::::.,:...., :.::: «::,.,-::.,.::.v:.v:.,,-::..,, k:::::::::.�,. C0 I:: w..: •: �v� x« „�:T:;-> f:T> f•X:Y: YYYYa, � T>fa ,��wu.,,,, Unpaid LYLE H NAGELL CO INC. E 415-43251-390 Contracted Services $1,800.00 8569 Sebeck property Total LYLE H NAGELL CO INC. $1,800.00 vw::.vm:::•.xtxv::x::xmw.vxv.,vnxw:::::::::::n,:vv:•ll.�illttM:??: /.•::t•Xp:ttt: f•� : V:VTTTTTTT:;;;;•'f+%f+:%tt•:^'fv.GSY/.4.ttt4Xtip �f•Ktth`Cix:FOC:N Aa:�,XK•:f?:i:4.:fiiV.?:l. vnxxxtv.,w.v: :::•. f..: UnPaid MAMA E 101-41400-360 EducationlTraining/Conferences $16.00 1484 3-16-00 Meeting Total MAMA $16.00 SPFiINKLERS��INC�.::::.:...,t.::.::.:..............::::f..:.f::f::.:.,N::,,.:.....:.»,f:•,�>::,:.,YY,,,�>�>.,T:;.,»�:,..,,,:,tiY„ E 101-41940-390 Contracted Services $160.00 Sprinkler Service Cont Total MCALPINE LAWN SPRINKLERS, INC $160.00 CITY OF OTSEGO Sunday, February 13, 2000 Page 3 of 4 Check Detail Register Check Amt Invoice Comment :::.:;::i:...:.. ::. �. ....a ......f.•.,�...,.xa,.k.'•4tJ2•+.ti..,.Y.. .,..w.sca:;3�a"�3fen.. .� ;::.. ... .... .... , ...... .,.: av;:: .nom\tib,. ra,•:tiic,<,�,�4 :i<:,,o\;,•,..... w. „•::a.;-; ,,,,,,..:.•: :.,..,,,,..,.�,.,,,..,,,,.::.. ...�::. :,.� -.........,,;.F.xvu«4wzewoow000acvoa �a�«:•,o>f:;+s.., �«om+c:eeceeoncowe�uott::.<:.,,v.V,•..,o::.::.,. ::::. Unpaid MEDICA E 101-43100-123 Health $1,288.12 PW Health Ins E 101-41400-123 Health $1,830.29 Adm. Health Ins Total MEDICA $3,118.41 —,—","----MINNESOTA Unpaid MINNESOTA LIFE E 101-43100-130 Employer Paid Ins (GENERAL) $33.70 PW Life E 101-41400-130 Employer Paid Ins (GENERAL) $29.00 Adm Life Total MINNESOTA LIFE $62.70 avwr•:,•:a:rwfaau:e<aweuanco::uauriceax�awwaa<ar - wk:::::awe:•�u�ae»a•.:a:.unnuvea+w:e...+w.+mwx.s»w.,::::•::::::. �:::::::::::::::. UnPaid NORTH STAR INTN'L TRUCKS E 421-43100-501 Equipment $112,480.00 10094 2000 IH Truck Total NORTH STAR INTN'L TRUCKS $112,480.00 U Paid ONRAMP, INC E101-41400-390 Contracted Services $39.95 Monthly Web Host Total ONRAMP, INC $39.95 ,,.:.,.::.-:.,•::::.,,,.:::::. �:.,,,•::.,.:::: ; :: ; -,.: aw:.m««<«<aww:..x <�«•w: x«•: .ac•.vooa vs•: +wwxvc::.x•..««a;«•.:<•ww:,•x.: �woxcawu+:n:•w.E,cw>vc+xw:o.:-.:sw.so,wa«,roac»acxnoxurmmxxaw.eowxxaa,.m�•<a,wesx.•.n.,•n,Nnn+.+, UnPaid PITNEY BOWES E101-41400-413 Office Equipment Rental ($83.36) 831248 Credit E101-41400-413 Office Equipment Rental $100.82 4705027-MR00 Meter Rental Total PITNEY BOWES $17.46 aewx-' wwow:•xam::,w-:.;:.,»ww:uawaw,•e..,::..av,,,.an,,,-<.::,..,::w<.:r.»,w+awiaM±Mea,>,,,w„+n,.,,a:,,,x,xru:,e,,,,,.,�::..+„�„w.,,,M,,,....•.�..,,,,,,,,,,w.,•n,-...,.,,,�:.....::...::...::....•::. �::::.,•::::.,.:::::<--- ,.:.,..,....... Und SOFTRONICS E 101-41400-390 Contracted Services $325.00 Labor/Actg,Email Total SOFTRONICS $325.00 <:,max«;•«aax:a:,:<:,«:,::.,««<.<.,:s:.,<«:,<.w: .::.<:: :::::.,. :,M:<.<::N.,..eMe :A.�.::.,:«.:N<,<::::k::::::::Nk::.,,,,,v::x,.:::::::::,,•::::::::::::::::::::::::::.,•::::::::::..,,..V,,,::.:,..>w:r::::;,::.w::w>:w>.a.•:r UnPaid STS CONSULTANT'S LTD E 416-43100-390 Contracted Services E 413-43100-390 Contracted Services E 413-43100-390 Contracted Services Total STS CONSULTANT'S LTD $1,435.55 78th St Services $2,479.10 Odean Ave Services 13.457.00 Odean Ave Services «..,,.:::.v.,,.•...w:.�..,,•:.,:.:.,..,,,V,,,,:,,•r:u,x<owareneuecar<-:,;<a<«<-..<axswnvaevox<wavc<wc<«•w:<c:w.<•w:rr -:,a.,.w:<...:;«cx<oo-.eeeuc•.c.-;,caw«a«;,ew�cax«<.x.exv«avenM<a«eMau:oe,,:ex..,:.::. UnPaid SUPERIOR SERVICES E101-43610-390 Contracted Services $460.00 Recycling - Feb Total SUPERIOR SERVICES $460.00 waxtiwww:,w+�.�,wxcx«•»a,c•:<•.F..•:w:«•:•:a;.:•a: •:am>:ww.. x-:•i-r.+oxa a�wm•.roawac.«owr.:moav�:yr.. MUnPaid:aMMF'MMwv..MM�WRIGHT COUNTYAUDITOR-TREASURE E 101-41400-310 Miscellaneous $20.00 2981 Assessment Books Total WRIGHT COUNTY AUDITOR -TREASURE $20.00 Unpaid N V WFtIGHT COUNTY HUMAN SERVICES E 101-45400-390 Contracted Services $2,634.00 River Rider 2000 Total WRIGHT COUNTY HUMAN SERVICES $2,634.00 :::::::::::.,•:::::::::.,..,•:a.:::::::::.:.::.,.::�:;; •,::..,:«:::•.,:,:,,,:>:.::«<:.>:.,:,,.:,.:,�.<�:<•;:4�::.:::<««,>-::<.>: � �<•,;:<.>raw<.v<wF«Fwwr:m�x:.a,:awww:<,,..<:,,,,,,:�,:,,.,.:�,�...:<w:<.:::,,,:,;,,<...,,-.,::::::::::::::::,.:...,:.:::::::::.: �:::. Unpaid WRIGHT COUNTY RECORDER E 101-41400-340 Recording Fees $19.50 Anderson Bldg Reloc E 101-41400-340 Recording Fees $19.50 Mining Per #7 E 101-41400-340 Recording Fees $19.50 Miss Pines Jambor E 101-41400-340 Recording Fees $19.50 Miss Pines PP E 101-41400-340 Recording Fees $19.50 Miss Pines Zoning CITY OF OTSEGO Check Detail Register Sunday, February 13, 2000 Page 4 of 4 Check Amt Invoice Comment "• C•Y//rSi Total WRIGHT COUNTY RECORDER $97.50 O:Mh't9CMS1lPO.S90PPY.SPP900.•XVtIX4:W.NONPo(SOOOO�OIV�WOCCX�tt�M?OOCOOOCCS .+�mnMMtM.x[LMv+.nv.ti+M+�nxti. ...t�M1v:xr.•rx.+m+nw.w:n UnPaid ZIEGLER INC E101-43100-220 Repair/Maint Supply (GENERAL) E101-43100-220 Repair/Maint Supply (GENERAL) E101-43100-220 Repair/Maint Supply (GENERAL) Total ZIEGLER INC 10100 BANK OF ELK RIVER $1,393.72 Grader edges ($61.97) ($21.30) $1,310.45 $198,463.17 NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 21 March 2000 RE: Otsego - Zoning Ordinance; Feedlot Registration FILE NO.: 176.08 - 00.04 Attached please find a findings of fact and ordinance regarding and amendment to the Zoning Ordinance that would allow feedlot operators in the Rural Service Area a second opportunity to register their operations. As you are aware, the feedlot registration provisions of the Zoning Ordinance allow those operations some limited expansion opportunities as well as establishing reciprocal setbacks to ensure compatibility. This matter was initiated by the Planning Commission, which held a public hearing on March 20, 2000 to consider the amendment. Although there were many farmers in attendance, no public comment was received. Following a close of the public hearing, the Planning Commission voted 7-0 to recommend that the City Council approve the proposed Zoning Ordinance amendment. This issue will be on the City Council's March 27, 2000 agenda. Please refer to our office's past correspondence of February 8 and 16, 2000 for applicable background information. pc. Mike Robertson Elaine Beatty Andy MacArthur Larry Koshak 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 CITY OF 0TSEGO WRIGHT COUNTY, MINNESOTA Applicant's Name: City of Otsego. 3-21-00 Zoning Ordinance Amendment Findings of Fact & Decision Request: Consideration of an Ordinance amending Section 37 of the Otsego Zoning Ordinance regarding registration of existing feedlots within the rural service area to allow for a second registration period. City Council Meeting Date: 27 March 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: Section 20-37-2.B of the Otsego Zoning Ordinance established a six month period for registration of existing feedlots within the Rural Service Area defined by the Comprehensive Plan that terminated on 1 October 1999. 2. The registration of an existing feedlot within the Rural Service Area defined by the Comprehensive Plan allows the operator limited animal unit and facility expansion opportunities under Section 37 of the Zoning Ordinance. 3. The City received at least one (1) request to register a feedlot after 1 October 1999. 4. The Planning Commission and City Council must take into consideration the possible effects of the conditional use with their judgement based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: A. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The Comprehensive Plan outlined specific strategies in order to allow existing feedlot operations opportunities to expand and continue to operate. The extension of the registration period is consistent with the intent of the Comprehensive Plan Update to allow those farmers that intend to continue operations the chance to do so, provided that the character of the area has not changed significantly since expiration of the original six-month period.. B. The proposed use's compatibility with present and future land uses of the area. Finding: City staff researched development that has occurred in the Rural Service Area since expiration of the subdivision moratorium and original registration period and found little activity. This suggests that the character of the area is similar to when the revised feedlot provisions were originally adopted. In addition to providing limited expansion opportunities, the registration of existing feedlots was also intended to address compatibility issues between the operations and rural residential uses. As such, allowing a second registration opportunity will provide for compatibility of uses in the area. C. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: Not applicable. D. The proposed use's effect upon the area in which it is proposed. Finding: Registration of existing feedlots allows opportunities to sustain agriculture as a long term use in the Rural Service Area and ensure compatibility with rural residential land uses that may develop. E. The proposed use's impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. F. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: Not applicable. G. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Finding: The proposed use is not anticipated to have a negative impact to the City's service capacity. 5. The memorandums dated 8 February 2000 and 16 February 2000 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 6. The Otsego Planning Commission conducted a public hearing at their regular meeting on 20 March 2000 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the amendment based on the aforementioned findings. Decision: Based on the foregoing information and applicable ordinances, the requested amendment is hereby approved based on the most current information received to date. PASSED by the Otsego City Council this 27th day of March, 2000. Attest: CITY OF OTSEGO 10 Larry Fournier, Mayor Elaine Beatty, Zoning Administrator/City Clerk 3 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA ORDINANCE #007— AN ORDINANCE AMENDING SECTION 37 OF THE OTSEGO ZONING ORDINANCE TO REGARDING REGISTRATION OF EXISTING FEEDLOTS WITHIN THE RURAL SERVICE AREA TO ALLOW AN EXTENDED OPPORTUNITY TO REGISTER EXISTING OPERATIONS UNDER THE ZONING ORDINANCE. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-37-2.13 of the Otsego Zoning Ordinance (Feedlots - Registration) is hereby amended to read as follows: 1. Registration: All existing feedlots shall be registered with the City-withfrrsix (6) months of 1 ApIi! 1999 by 1 October 2000 by administrative permit, subject to the following: Section 2. Section 20-37-2.13.1 of the Otsego Zoning Ordinance (Feedlots - Registration) is hereby amended to read as follows: d. Any existing feedlot not registered with the Zoning Administrator wffhin-six by 1 October 2000 may continue operations as a legal non -conforming use as outlined in Section 20-37-2A.1 of this section Section 3. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 27' day of March 2000. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: BY: Elaine Beatty, City Clerk/Zoning Administrator 2