Loading...
11-29-01 CCCITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2001-36 RESOLUTION APPROVING CONTRACT BETWEEN CITY OF OTSEGO AND GRIDOR CONSTRUCTION FOR EXPANSION OF CITY WASTEWATER TREATMENT FACILITY WHEREAS, the City has awarded a bid to Gridor Construction for construction of an expansion of the City's wastewater treatment facility; and WHEREAS, a proposed contract has been drafted by the project Engineer, Bonestroo, Rosene, Anderlik & Associates; and WHEREAS, the Otsego City Attorney has reviewed the Agreement and has recommended approval of the same, subject to the exclusion noted in correspondence to the Otsego City Council dated November 29, 2001 which is attached hereto as Exhibit A, and herein incorporated by reference. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Otsego that the proposed Agreement is hereby approved, subject to the exclusion noted in Exhibit A attached, and the Mayor and the City Clerk are directed to execute the Agreement, as modified, on behalf of the City. ADOPTED by the Otsego City Council this 291h day of November, 2001. IN FAVOR: Mayor Larry Fournier; Councilmembers: Vern Heidner Suzanne Ackerman, Jerry Struthers, Virginia Wendel. OPPOSED: None Jud uds n ity Clerk CITY OF OTSEGO Larry Fournier, Mayor O O O N Z I 00 0 00 0 0 0 0 0 0 00 NMIn (000001 O0ri r W 01 01 01 m O O 01 01 0 0 0 0 0 d _ (� V w N V� Czj r w OOf w a a �z w O Y W Q O Q rr`r m v 3 V OOl Y '3AV NONNY I 'TN � Lfw 9 xs ."a w W � w o � Va m IDQ 099 4 W 9 � �c'���','DoO tD v1 X15: �� a. 4�4k,a ,099 w Ln z I� N0111aad� s,��and-je w z Ln I Q 00 w Memo TO: City of Otsego From: David R. Wendorf Date: 11/28/01 Re: Zoning and Nuisance Violations — Status Report A. Zoning Violations Russell D. and Joann M. Balamut, 14200 98"' Street NE, Otsego, MN 55330. Currently the Balamuts are keeping horses on their property, which is a violation of the City of Otsego's zoning ordinance. On September 4, 2001, a letter from Daniel Licht, the City's Planner from Northwest Associated Consultants was sent to the Balamuts advising them that their parcel was zoned R-3, Residential -Long Range Urban Services District, and that the R-3 District did not allow the keeping of horses. The letter from the Planner indicated that the horses must be removed immediately and failure to remove the horses will result in the matter being referred to the City Attomey. On September 6, 2001, the Balamuts requested information conceming their zoning status in 1988. We prepared a response to the request for information and sent Mr. Balamut the applicable zoning ordinance. Next, the City received a "Civil Rights Violation Notification," dated September 13, 2001, from Mr. and Mrs. Balamut. The notification stated that it was the Balamuts' intention to file civil rights violation against the City of Otsego and named parties. In response to this notification, our office submitted the matter to the League of Minnesota Cities Insurance Trust to advise them of the potential civil rights litigation. Our office has been keeping the assigned adjuster advised as to the status of the case on an on-going basis. On November 2, 2001, our office on behalf of the City sent a notice by certified mail to the Balamuts advising them that they had 30 days within which to remove the horses from their property and that if they failed to do so, the City may be forced to resort to legal action to compel them to abate the violation. As of the date of this memorandum, it has been 26 days since the notice requiring the removal of the horses was sent. Once the 30 -day time period has run, we will request that Jeny Olson go out to the property and determine whether or not the horses have been removed. 0 Page 1 If the horses have not been removed, it would be our recommendation to proceed in District Court with an injunction forcing the Balamuts to remove the horses from their property. B. Nuisances Gary and Venessa Aslagson, 15972 62"d Street NE, Elk River, MN 55330. On July 18, 2001, Jerry Olson, City of Otsego Building Official, sent a notice letter to the Aslagsons advising them that the City had received a report dated June 20, 2001 from James Kopst, a licensed septic inspector. That report indicated that the septic system was failing to properly treat the sewage and that there was evidence of hydraulic failure. In light of that, the notice indicated that the Aslagsons were required to comply with the sewage disposal ordinance, pursuant to Section 9.4-9.8 and additionally, that the Otsego nuisance ordinance, Section 6-2-2 C and F forbids ponds or pools of stagnant water or discharge, disposal, accumulation or collection of sewage. The City Building Official gave them 30 days to present the City with a design for a new system and to apply for a permit for the installation of the new system. On August 29, 2001, our office, on behalf of the City, sent notice by certified mail, which is required in the nuisance ordinance, that the Aslagsons were maintaining a nuisance pursuant to the City of Otsego's Ordinance 6-2-12, and that their septic system was in non-compliance pursuant to Section 8.04. They were advised in the notice that they must correct the violations of the existing system by upgrading, replacing or repairing its operation in accordance with the regulations and provisions contained within the ordinance or discontinue the use of the system within 90 days. Our office also advised them that they were in violation of the Otsego Nuisance Ordinance and that they had 30 days within which to abate that nuisance. They were also advised that these acts constitute criminal violations and that the City could seek an injunction against the property owner, requiring that they cease the violation. They were notified that if the City was forced to resort to legal action, it would seek reimbursement for all costs, disbursements and attomeys fees, pursuant to the ordinance. After the notice from our office was sent to the Aslagsons, they responded to the City Building Official's request that they file a plan for a new system. That plan was approved by Jerry Olson. Though they filed a plan, they failed to implement the plan and abate the public health nuisance. After consulting with Jerry Olson on November 1, 2001, our office once again sent a notice by certified mail to the Aslagsons advising them that they had failed to abate the public nuisance within the 30 days required under the ordinance. The Aslagsons were advised that if the City did not receive proof of abatement of the referenced nuisance within 3 weeks of the date of the notice, that it may resort to legal action to force them to abate the nuisance and that the City would seek reimbursement for all costs, disbursements and attomeys fees. Our office consulted with the City Administrator and he advised us that the Aslagsons have had contact with the City and that discussions have begun conceming the City abating the nuisance and assessing the costs against the Aslagsons' property. Of course, any such agreement would have to be reviewed and approved by the City Council. 2. Jerry Johnson, 7976 Odean Avenue NE, Otsego, MN 55330. The property in question has a long history of nuisance and zoning violations. Recently, the property was associated with the production of methanphetamine through arrests of the property's tenants. A meeting occurred between our office, Jery Olson and Mr. Johnson on September 13, 2001 to discuss the condition of the property. During that a Page 2 meeting, Mr. Johnson agreed to allow the City's building official to inspect the property to determine its condition and what cleanup issues needed to be addressed. Our office contacted Jerry Olson to determine if Mr. Johnson had followed up on his agreement to allow an inspection on the property. As Mr. Johnson had failed to set up a time with the City's building inspector, on November 4, 2001, our office sent a letter to Mr. Johnson advising him that he had 2 weeks from the date of the letter to arrange an inspection of the property with Jerry Olson, the City's building official. Mr. Johnson was advised that if he failed to arrange an inspection, that the City may be forced to pursue other legal action. Mr. Johnson has failed to set up an inspection time with Jerry Olson. The next legal step is to apply for an administrative search warrant to allow Jerry Olson to enter the property and conduct his inspection. The aftemative is to continue to attempt to set up an inspection time with Mr. Johnson. Once the inspection is complete and the condition of the property determined, our office can make a recommendation as to the next appropriate legal proceeding. 3. Chad Lofgren, 14166 NE 62nd Street, Otsego, MN 55330. The City Council held a hearing on Monday, October 9, 2000, to review evidence and materials presented and found that the ordinance violations existing on this property constituted public health and safety hazards. The City adopted a Resolution Adopting a Notice of Abatement, Number 2000-29. The resolution provided that the owners and/or occupants of the property be given 30 days from the date of the service of the notice of abatement to abate those nuisances upon their property in which they were notified and provide an opportunity to be heard. Mr. Lofgren has failed to comply with the City of Otsego's ordinance of abatement of the public health and safety nuisances existing on his property. Based on our office's consultation with the City Administrator, it appears that Mr. Lofgren has still not complied with the City's abatement order. Our office has prepared an affidavit for Jerry Olson in support of a petition for entry and abatement on the property in Distdct Court. That affidavit is currently being submitted to Jerry Olson for his review and signature. Once we have a signed and approved affidavit by Jerry Olson, we can file the petition to receive an order from the District Court, allowing the City to enter the property and abate the public health nuisances as found by the City Council. This process will require a hearing date, which can be scheduled as soon as the paperwork is completed. 4. Timothy E. Ekeren, 14126 NE 62nd Street, Otsego, MN 55330. The City Council held a hearing on October 9, 2000, in which it reviewed the evidence and materials presented and found that the ordinance violations on the property in question constitute a public health and safety hazard, as defined by the City's nuisance ordinance. The City adopted a Resolution Adopting a Notice of Abatement, Number 2000-30. The resolution provided that the owners and/or occupants of the property be given 30 days from the date of the service of the notice of abatement to abate those nuisances upon their property in which they were notified and provide an opportunity to be heard. Based on our discussion with the City Administrator, Mr. Ekeren has failed to fully comply with the City of Otsego's order for abatement. We have prepared an affidavit for Jerry Olson in support of a petition for entry and abatement of the public health and safety nuisances existing on the property. Once Jerry Olson has signed and approved the affidavit in support of the petition, we can file the petition and set a hearing date. • Page 3 John and Cheryl Butler, 8439 Ogren Avenue NE, Otsego, MN 55330. The City Council held a hearing on Monday, October 9, 2000, in which it reviewed the evidence and materials presented and found that the ordinance violations on the subject property constitute a public health and safety hazard, as defined by the City's nuisance ordinance. The Council resolution provided that the owners and/or occupants of the property be given 30 days from the date of the service of the notice of abatement to abate those nuisances upon their property in which they were notified and provide an opportunity to be heard. Based on our office's discussion with the City Administrator, it appears that John and Cheryl Butler appeared before the City Council and requested an extension of the 30 -day time period to abate the nuisances, which was granted. Our office will need to consult with Jerry Olson to determine whether or not the Butlers have completed the abatement of the public health and safety nuisances. 6. Karen J. Wilson, 14738 83'd Street NE, Otsego, MN 55330. The City Council held a hearing on October 9, 2000, in which it reviewed the evidence and materials presented and found that the ordinance violations on the subject property constitute public health and safety hazards, as defined by the City nuisance ordinance. The City Council passed a Resolution Adopting a Notice of Abatement, Number 2000-27. The City Council resolution provided the owners and/or occupants of the property be given 30 days from the date of the service of the notice of abatement to abate those nuisances upon their property in which they were notified and provide an opportunity to be heard. Based on our discussions with the City Administrator, it appears that Ms. Wilson has not complied with the City's order. However, based on that conversation, it appears that Ms. Wilson's property has been forfeited for failure to pay property taxes to Wright County. Based on the tax forfeiture status of the property, our office will begin discussions with the County concerning the cleanup of the property. • Page 4 Affidavit Supporting Order For Entry and Abatement State of Minnesota) ) ss. County of Wright ) Jerry Olson, being first duly sworn and under oath deposes and states, under penalty of perjury, as follows: 1. Your Affiant is the building official for the City of Otsego, Wright County, Minnesota. 2. Your Affiant is a Certified Building Official, as designated by the State of Minnesota, and has met and does presently meet all legal requirements and qualifications for such designation. 3. Your Affiant did determine that on the property owned and/or occupied by Chad Lofgren located at 14166 NE 62nd St. which is within the City limits of the City of Otsego there existed violations of the of the City of Otsego's Public Nuisance Ordinance sections 6-2-4 paragraphs O & P and 6-2-5 paragraph A 4 . Notice of said violations was served upon the property owner and/or occupant on or about May 13, 1996, said notice setting forth the violations and providing a reasonable time period in which to come into compliance 5. Your Affiant on September 10, 2000 notified the owner and/or occupant of the City of Otsego's intent to consider abatement of the violations on the property and their right to appear in front of the City Council and present testimony or evidence relative to the matter. 6. The City Council did hold a hearing on Monday, October 9, 2000 at the Otsego City Hall at which time the owners and / or occupants had an opportunity to appear and be heard. 7. The City Council reviewed the evidence and materials presented at the hearing and found that the ordinance violations constituted public health and safety hazards, as defined by the City's nuisance ordinance. The City adopted a Resolution Adopting Notice of Abatement No. 2000-29 a true and correct copy of which is attached to this affidavit as exhibit A. 8. The City Council resolution provided that the owners and/or occupants of the property were given 30 days from the date of the service of the Notice of Abatement to abate those nuisances upon their property of which they were notified and provided an opportunity to be heard. 9. The Notice of Abatement informed the owners and/or occupants of the property that if they failed to fully comply with the order the City Council had authorized and directed the Building Inspector, City Administrator, Code Enforcement Attorney and City Attorney to cause abatement of the nuisances by the City, including procurement of contractors, storage, and any necessary Court orders to effectuate this Order. 10. The Notice of Abatement informed the owners and/or occupants of the property that in the event that the City action to abate the nuisances is necessary all City incurred costs, including legal and administrative fees shall be billed to the owner and/or occupant of the property and if not timely paid after billing said costs shall be certified to the County Auditor as an assessment against the described property. 11. The owner and/or occupant Chad M. Lofgren has failed to fully comply the City of Otsego's order for abatement of the public health and safety nuisance existing at 14166 NE 62nd St., Otsego, Minnesota, within the 30 day period. 12. In order to effectuate the directives of the City Council the City now seeks from the District Court an order of entry on to the property located at 14166 NE 62nd St., Otsego, Minnesota, so it may abate the existing public health and safety nuisance. Further your Affiant sayeth not. Jerry Olson Otsego Building Official STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2001 by Jerry Olson, City of Otsego Building Official. Notary Public Revised 11/17/01 2001 NET TAX CAPACITY FOR THE ALBERTVILLE FIRE DISTRICT 2002 CONTRACT YEAR CITY OF OTSEGO $401,567 CITY OF ST. MICHAEL $407,291 CITY OF ALBERTVILLE $2,641,189 TOTAL NET TAX CAPACITY $394509047 2002 FIRE BUDGET $1759,356 2001 STATE FIRE AID (199934) TOTAL COSTS ALLOCATED $1559422 TAX PERCENT OF PORTION OF COST CAPACTTI' TOTAL VALUE ALLOCATED ALBERTVILLE $296419189 75.55% $1189983.56 OTSEGO $4019567 11.63% $ 18,090.29 ST. MICHAEL $4079291 11.81% $ 18,348.15 Revised 11127101 2002 FIRE PROTECTION AGREEMENT WITH THE CITY OF OTSEGO This agreement made and entered into by and between the City of Albertville, a municipal corporation of the County of Wright in the State of Minnesota, and the City of Otsego, in the County of Wright in the State of Minnesota. WHEREAS, Otsego desires the services of the fire department of Albertville in case of fires occurring in Otsego, as well as the emergency medical services of Albertville in case of a medical emergency, and WHEREAS, Albertville maintains a volunteer fire department with emergency medical response capability, which department is available to provide fire protection and emergency medical response services to properties located in St. Michael, and THEREFORE, it is agreed by and between said parties as follows: 1. Albertville, through its fire department, shall provide fire protection and emergency medical response services to those properties in Otsego. Such fire protection and emergency medical response services shall be provided from January 1 through December 31, 2002. 2. Otsego shall agree to pay Albertville $18,090.29 in exchange for the provision of fire protection and emergency medical response services as described above. Payment due for the year 2002 shall be made in two installments of $9,045.14 on or before July 1, 2002, and $9,045.15 on or before December 31, 2002. 3. Albertville's obligation to provide fire protection service and emergency medical response shall be subject to the following: a. If road and weather conditions at the time of the call are such that the fire/medical run cannot be made with reasonable safety to men and equipment, and the decision of the Fire Chief or his Deputy in charge shall be final in such matter, no obligation arises under this agreement on the part of the City of Albertville to answer such call. b. In the event that a sufficient amount of the fire fighting/medical equipment and the number of volunteer firemen, or both, are committed at the time of the fire call, in sole judgment of the Fire Chief or his Deputy, to fighting pre-existing fires or attending pre- existing medical emergencies, so as to render the available equipment and manpower inadequate to answer a fire or medical call from Otsego, no obligation shall arise under this agreement to answer such call, and no person or party shall have recourse against the City of Albertville for refusal to answer such call. A pre-existing fire/medical emergency to which the fire department of Albertville is called previous to receiving the call from Otsego and which fire is still being fought or medical emergency is still being attended to by the Albertville Fire Department at the time the call from Otsego is received. C. In the event a fire call by Otsego is answered by Albertville, but before the fire in question is extinguished, the fire fighting equipment or volunteer firemen, or both, are needed to fight a fire in Albertville or protect property in Albertville from a fire, the Chief or his Deputy without liability therefore to any person or to Otsego under this agreement, may in their judgement recall the fire equipment and firemen to Albertville for the purpose of fighting the fire in Albertville. The judgement of the Fire Chief or his Deputy shall be final and no person or party shall have recourse against the City of Albertville for any damages or losses resulting from such action or decision. 4. The parties acknowledge the fact that Albertville may enter into similar contracts with other municipalities, and acknowledge that Albertville has entered into mutual aid contracts with other fire departments in other municipalities, and that a fire call under any such contract preceding a call in Otsego could be a valid and reasonable basis for the decision of the Fire Chief or his Deputy in refusing to answer a fire call in Otsego. 5. Because the City of Albertville has heretofore entered into mutual assistance fire fighting agreements with other municipalities possessing fire fighting equipment and firemen, which equipment and firemen could be called by the Chief or his Deputy to a fire in Otsego, the City of Otsego agrees to pay such additional cost as may be incurred thereby if in the sole judgement of the Chief or his Deputy, such additional fire fighting equipment and firemen are needed to fight a fire in Otsego and are in fact called to such fire by the Chief or his Deputy. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this By: day of , 2001. CITY OF ALBERTVILLE CITY OF OTSEGO By: John A. Olson, Mayor ATTEST: Linda Goeb, City Clerk Larry Fournier, Mayor City Administrator Hakanson 1 Anderson Assoc., Inc. MEMORANDUM To: Mike Robertson, Administrator From: Ronald J. Wagner, P.E. cc: Andy MacArthur, City Attorney Dan Licht, NAC Judy Hudson, Clerk Date: November 28, 2001 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Phone: 763/427-5860 Fax: 763/427-0520 Re: Otsego Water Sanitary Plant Location As requested by the City Council, we have reviewed the possible WWTP site locations as indicated at the November 12, 2001 Council meeting. As part of our site determination, the wetlands were delineated to help in our decision process. WWTP Site Location 1— All on Willie Duerr's Land SE %4 SW %4 Sec. 25 Due to a large amount of wetland north and east of Otsego Creek using only Willie Duerr's land, is not a feasible option for the following reasons: The Wetland Conservation Act requires that wetland not be impacted if there are other viable options. Disturbing the wetlands for the WWTP would ensure negative comments by Wright County Soil and Water, MN Board of Soil and Water and MN DNR on the MPCA permit for the WWTP. 2. Large costs associated with improving soils for utilization as roads and structures and costs associated with protecting the Plant from seasonal flooding. WWTP Site Location 2 — Combination of Willie Duerr's Property and Slaviks Land E'/2 SE'/4 Sec 25 Pros: Combination of properties allows Plant to be located on higher better ground negating need for: a. Any wetland impacts b. Any soil corrections C. Flood protection 2. Close proximity to creek for outfall of Plant. Civil 6- Municipal 9 � Engineering GAMunicipaM0TSEG0\617\SANITARY SEWER REN§Y§WW61WfyZp doc 3. Creek and wetland to south and east provides natural buffer from Plant to surrounding land uses. 4. Access to 70'h Street less than `/< mile away. 5. The 100' setback from property line for Plant can be a good use for the marginal land at the southern edge of the proposed parcel where use is limited. 6. It is our understanding that Willie Duerr is a willing seller. Cons: 1. The City will need to deal with 2 landowners instead of one. 2. Slavik is questionable to if he is willing to sell. WWTP Location 3 — Lloyd Beaudry's land now owned by Mr. Farr, a Developer SE'/4 NW `/4 Sec 25 Pros: Minor to no wetland impact. 2. High enough ground so no need for soil corrections or flood protection. 3. Close proximity to creek for WWTP outfall. 4. Access to CSAH 19 is 3/8 mile away. Entrance off of CSAH 19 is already existing as Beaudry Addition south entrance. An alternate route could come off of 80'h Street (1/2 mile long). 5. Natural buffer by creek to north and east of WWTP. Cons: 1. It is our understanding that the new owner has high demands, which may require extra negotiations or Condemnation Proceedings. Conclusion and Recommendations We recommend choosing either site 2 or 3. The most important factor between these two sites may be the ease of acquisition and cost of property. G:\Municipal\AOTSEGO\617\SANITARY SEWER REPORT\ot617mrmemo.doc Hakanson Anderson Assoc., Inc. Memo To: City of Otsego From: David R. Wendorf.�,: Date: 11/29/01 Re: County Gravel Tax Our office received a request for information concerning Wright County imposing a gravel removal and production tax. Minnesota Statutes Section 298.75 authorizes certain counties to impose an aggregate material removal and production tax. Apparently, Wright County is not one of the counties included within the statutory section. Our office contacted the Wright County Attorney's Office to determine the status of the gravel tax proposal before the County Board. Our office was advised that the County Board has established a task force, which will be reviewing the feasibility of an aggregate material removal and production tax in Wright County. The County Attorney's Office indicated that there had been a recent change in the law which would allow Wright County, if it chooses to do so, to petition to be one of the counties included within the statutory section authorizing the gravel production tax. I was also advised that the if the City is interested in the issue, it should send a letter to the County Attorney's Office requesting that the City be notified of any task force meetings. Though the County is at the very initial stages of evaluating the feasibility of a gravel production tax, we did discuss with the County Attorney's Office their position concerning how that tax would be applied to the gravel pits located within the City limits of the City of Otsego. The County's preliminary position is that all gravel pits within the County would be required to pay the tax. Minnesota Statutes Section 298.75, subdivision 2 provides "a county shall impose upon every importer and operator a production tax equal to ten cents per cubic yard or seven cents per ton of aggregate material removed, except the county board may decide not to impose this tax if it determines that in the previous year operators removed less than 20,000 tons or 14,000 cubic yards of aggregate material from that county." It is likely that the County would argue that once they were included within the authorizing statute, that they would be required to tax every importer and operator within the County, pursuant to the language set out above. Under that interpretation of the statute, the gravel producers within the City limits would be required to pay both the County tax and the City permit fees. 0 Page 1 Page 1 C�}ation/Title § 298.75, Aggregate material removal; production tax *51965 M.S.A. § 298.75 MINNESOTA STATUTES ANNOTATED EXCISE AND SALES TAXES CHAPTER 298. OCCUPATION TAXES AGGREGATE MATERIAL TAX Current through End of 2000 Reg. Sess. 298.75. Aggregate material removal; production tax Subdivision 1. Definitions. Except as may otherwise be provided, the following words, when used in this section, shall have the meanings herein ascribed to them. (1) "Aggregate material" shall mean nonmetallic natural mineral aggregate including, but not limited to sand, silica sand, gravel, building stone, crushed rock, limestone, and granite. Aggregate material shall not include dimension stone and dimension granite. Aggregate material must be measured or weighed after it has been extracted from the pit, quarry, or deposit. (2) "Person" shall mean any individual, firm, partnership, corporation, organization, trustee, association, or other entity. "Operator" shall mean any person engaged in the business of removing aggregate material from the surface or subsurface of the son, for the purpose of sale, either directly or indirectly, through the use of the aggregate material in a marketable product or service. (4) "Extraction site" shall mean a pit, quarry, or deposit containing aggregate material and any contiguous property to the pit, quarry, or deposit which is used by the operator for stockpiling the aggregate material. (5) "Importer" shall mean any person who buys aggregate material produced from a county not listed in paragraph (6) or another state and causes the aggregate material to be imported into a county in this state which imposes a tax on aggregate material. (6) "County" shall mean the counties of Pope, Stearns, Benton, Sherburne, Carver, Scott, Dakota, Le Sueur, Kittson, Marshall, Pennington, Red Lake, Polk, Norman, Mahnomen, Clay, Becker, Carlton, St. Louis, Rock, Murray, Wilkin, Big Stone, Sibley, Hennepin, Washington, Chisago, and Ramsey. Subd. 2. A county shall impose upon every importer and operator a production tax equal to ten cents per cubic yard or seven cents per ton of aggregate material removed except that the county board may decide not to impose this tar if it determines that in the previous year operators removed less than 20,000 tons or 14,000 cubic yards of aggregate material from that county. The tax shall be imposed on aggregate material produced in the county when the aggregate material is transported from the extraction site or sold. When aggregate material is stored in a stockpile within the state of Minnesota and a public highway, road or street is not used for transporting the aggregate material, the tax shall be imposed either when the aggregate material is sold, or when it is transported from the stockpile site, or when it is used from the stockpile, whichever occurs first. The tax shall be imposed on an importer when the aggregate material is imported into the county that imposes the tax. *51966 If the aggregate material is transported directly from the extraction site to a waterway, railway, or another mode of ortation other than a highway, road or street, the tax imposed by this section shall be apportioned equally between the county V , the aggregate material is extracted and the county to which the aggregate material is originally transported. If that destination is Copyright (c) West Group 2001 No claim to original U.S. Govt. works Page 2 MSA § 298.75, Aggregate material removal; production tax sated in Minnesota, then the county where the aggregate material was extracted shall receive all of the proceeds of the tax. Subd. 3. By the 14th day following the last day of each calendar quarter, every operator or importer shall make and file with the county auditor of the county in which the aggregate material is removed or imported, a correct report under oath, in such form and containing such information as the auditor shall require relative to the quantity of aggregate material removed or imported during the preceding calendar quarter. The report shall be accompanied by a remittance of the amount of tax due. If any of the proceeds of the tax is to be apportioned as provided in subdivision 2, the operator or importer shall also include on the report any relevant information concerning the amount of aggregate material transported, the tax and the county of destination. The county auditor shall notify the county treasurer of the amount of such tax and the county to which it is due. The county treasurer shall remit the tax to the appropriate county within 30 days. Subd. 4. If the county auditor has not received the report by the 15th day after the last day of each calendar quarter from the operator or importer as required by subdivision 3 or has received an erroneous report, the county auditor shall estimate the amount of tax due and notify the operator or importer by registered mail of the amount of tax so estimated within the next 14 days. An operator or importer may, within 30 days from the date of mailing the notice, and upon payment of the amount of tax determined to be due, file in the office of the county auditor a written statement of objections to the amount of takes determined to be due. The statement of objections shall be deemed to be a petition within the meaning of chapter 278, and shall be governed by sections 278.02 to 278.13. Subd. 5. Failure to file the report and submit payment shall result in a penalty of $5 for each of the first 30 days, beginning on the 15th day after the last day of each calendar quarter, for which the report and payment is due and no statement of objection has been filed as provided in subdivision 4, and a penalty of $10 for each subsequent day shall be assessed against the operator or importer who is required to file the report. The penalties imposed by this subdivision shall be collected as part of the tax and credited to the county r ie fund. If neither the report nor a statement of objection has been filed after more than 60 days have elapsed from the date when i ice was sent, the operator or importer who is required to file the report is guilty of a misdemeanor. *51967 Subd. 6. It is a misdemeanor for any operator or importer to remove aggregate material from a pit, quarry, or deposit or for any importer to import aggregate material unless all taxes due under this section for the previous reporting period have been paid or objections thereto have been filed pursuant to subdivision 4. It is a misdemeanor for the operator or importer who is required to file a report to file a false report with intent to evade the tax. Subd. 7. All money collected as taxes under this section shall be deposited in the county_ treasury and credited as follows, for expenditure by the county board: (a) Sixty percent to the county road and bridge fund for expenditure for the maintenance, construction and reconstruction of roads, highways and bridges, (b) Thirty percent to the road and bridge fund of those towns as determined by the county board and to the general fund or other designated fund of those cities as determined by the county board, to be expended for maintenance, construction and reconstruction of roads, highways and bridges. and (c) Ten percent to a special reserve fund which is hereby established, for expenditure for the restoration of abandoned pits, quarries, or deposits located upon public and tax forfeited lands within the county. If there are no abandoned pits, quarries or deposits located upon public or tax forfeited lands within the county, this portion of the to-, -hall be deposited in the county_ road and bridge fund for expenditure for the maintenance, construction and reconstruction of roads, 1 tys and bridges. Copyright (c) West Group 2001 No claim to original U.S. Govt. works Page 3 MSA § 298.75, Aggregate material removal; production tax id. 8. The county auditor or its duly authorized agent may examine records, including computer records, maintained by an importer or operator. The term "record" includes, but is not limited to, all accounts of an importer or operator. The county auditor must have access at all reasonable times to inspect and copy all business records related to an importer's or operator's collection, transportation, and disposal of aggregate to the extent necessary to ensure that all aggregate material production taxes required to be paid have been remitted to the county. The records must be maintained by the importer or operator for no less than six years. CREDIT(S) 1999 Main Volume Laws 1980, e. 607, art. 19, § 5. Amended by Laws 1981, 1st Sp., c. 1, art. 10,§§ 17 to 19; Laws 1982, c. 523, art. 13, § 1, eff. Jan. 1, 1983; Laws 1983, e. 342, art. 14, § 1; Laws 1984, c. 652, § 1; Laws 1986, c. 403, §§ 1, 2; Laws 1993, c. 375, art. 9, §§ 41, 42; Laws 1995, c. 264, art. 16, § 15, Eff. June 2, 1995; Laws 1996, c. 471, art. 13, § 15; Laws 1997, c. 231, art. 8, §§ 12 to 14. *51968 HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 1999 Main Volume Laws 1980, c. 607, art. 19, § 15, provided in part that this section is effective for gravel removed from pits or deposits after June 30, 1980. The 1981 amendment, effective June 7, 1981, included sand and limestone in Subd. 1; and revised reporting and notification dates in subds. 2 and 3. 1982 amendment revised this section, which formerly read: subdivision 1. A county may impose upon every person, firm, corporation or association, hereafter referred to as 'operator,' engaged in the business of removing gravel for sale from gravel pits or deposits, a production tax in an amount not to exceed ten cents per cubic yard of gravel removed. For purposes of this section, gravel shall include sand and limestone. "Subd. 2. By the 14th day following the last day of each calendar quarter in each county in which a tax is imposed pursuant to this section or any special law, every operator shall make and file with the county auditor of the county in which the gravel is removed, a correct report under oath, in such form and containing such information as the auditor shall require relative to the quantity of gravel removed during the preceding calendar quarter. The report shall be accompanied by a remittance of the amount of tax due. "Subd. 3. If any operator fails to make the report required by subdivision 2 or tiles an erroneous report, the county auditor shall, on the fifth working day after the day the report became due, determine the amount of tax due and notify the operator by registered mail of the amount of tax so determined. An operator may. within 30 days from the date of mailing the notice, file in the office of the county auditor a written statement of objections to the amount of taxes determined to be due. The statement of objections shall be deemed to be a petition within the meaning of chapter 278, and shall be governed by sections 278.02 to 278.13. "Subd. 4. Failure to file the report shall result in a penalty of S5 for each of the first 30 days, beginning on the fourteenth day after the date when the county auditor has sent notice to the taxpayer as provided in subdivision 3, during which the report is overdue and no statement of objection has been tiled. For each subsequent day during which the report is overdue and no statement of objection has been filed, a penalty of S 10 shall be assessed against the person who is required to file the report. The penalties imposed by this subdivision shall be collected as part of the tax. If neither the report nor a statement of objection has been tiled after more than 60 days have elapsed from the date when the notice was sent, the person who is required to file the report is guilty of a misdemeanor. "51969 "Subd. 5. It is a misdemeanor for any operator to remove gravel from a pit or deposit unless all taxes due under this section have been paid or objections thereto have been filed pursuant to subdivision 3. "Subd. 6. All moneys collected as taxes under this section shall be deposited in the county treasury and credited as follows, for expenditure by the county board: "(a) Sixty percent to the county road and bridge fund for expenditure for the maintenance, construction and reconstruction of roads traveled by vehicles hauling grwvPl; f hirty percent to the town road and bridge fund, for expenditure for maintenance, construction and reconstruction of roads traveled by vehicles hauling Copyright (c) West Group 2001 No claim to original U.S. Govt. works Memo To: City of Otsego From David R. Wendorf�� Onto: 11/29/01 Re: Police Department Funding Mechanisms Our office has received a request for information from the City Council concerning whether a City can charge for police services on a per parcel basis, whether all the parcels can be charged for the total amount or individual parcels can be assessed additional charges per call. In our preliminary review of the questions above, we have been unable to locate any authorities allowing the City to specially assess residents for police protection. In addition, we have been unable to find any dear authority allowing the City to change a surcharge or specially assess properties within the City on a per call basis. In the absence of such statutory authority, it is likely that police protection would be viewed as the kind of governmental function or service that is of benefit, not merely to a particular segment of a community, but to the community as a whole and, as such, is appropriately funded on a community -wide basis by the means of general property taxation. There may exist State aid for certain aspects of establishing the police department or other grant money available. 0 Page 1 CLAIMS LIST CITY COUNCIL MEETING NOVEMBER 26, 2001 TO: Judy Hudson Attached is the Claims List for the City Council. For more details, please refer to the Check Detail Registers. If you have questions regarding this service, please let me know. Claims Registers 11-15-2001 $ 182,513.17 GRAND TOTAL $ 182,513.17 If you have any questions or if you would like to review this list further, please let me know. Kathy Grover Bookkeeper CITY OF OTSEGO 11/15/01 9:55 AM Page 1 *Check Summary Register© NOVEMBER 2001 FILTER: None Name Cheek Date Check Amt 10100 BANK OF ELK RIVER UnPaid AIRGAS, INC. $29.42 UnPaid BONESTROO ROSENE ANDERLIK $15,244.22 UnPaid BRAUN INTERTEC $702.50 UnPaid BREZE INDUSTRIES $33.36 UnPald CITY OF DAYTON $147,373.00 Unpaid CROW RIVER FARM EQUIPMENT $409.75 UnPaid EARL F ANDERSON INC $272,74 UnPaid ECM PUBLISHERS INC $221.46 UnPaid FENNA HOMES $1,000.00 UnPaid G & K TEXTILE LEASING SYSTEM $610.97 UnPaid ICMA RETIREMENT TRUST $331.92 UnPaid MACQUEEN EQUIPMENT INC $1,013.69 UnPald MONARCH HOMES, INC. $1,00000 UnPald NORTHERN HOME BUILDERS INC $3,000.00 UnPaid NORTHWEST ASSOC CONSULTANTS $2,964.41 UnPaid PUBLIC EMPLOYEES RETIREMENT FD $858.42 UnPaid SARAH OR AARON STRITESKY $1,000.00 UnPaid SOFTRONICS $1,915.61 Unpaid STATE OF MINNESOTA $2,456.00 UnPaid STS CONSULTANTS LTD $1,093.70 UnPaid UPBEAT INC. $238.74 U'" '-I ZIEGLER INC $743.26 Total Checks $182,513.17 FILTER: None CITY OF OTSEGO 11/15/01 9:55 AM Page 1 *Check Detail Register© NOVEMBER 2001 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid AIRGAS, INC. E 101-43100-210 Operating Supplies (GENERAL) $29.42 105206557 ACTEY/HAZMAT/OXYGEN Total AIRGAS, INC. $29.42 Unpaid„ u.,..,..:...,N...:,.».n ......, BONESTROO ROSENE ANDERLIK E 415-43251-302 Engineering Fees $5,800.50 082937 1ST PHASE TREATMENT PLANT E 415-43251-302 Engineering Fees $9,443.72 082938 WWTP EXPANSION Total BONESTROO ROSENE ANDERLIK $15,244.22 Unpaid BRAUN INTERTEC E 422-43100-302 Engineering Fees $702.50 204940 88TH ST COMPACTION Total BRAUN INTERTEC $702.50 BREZE INDUSTRIES E 101-43100-220 Repair/Mmnt Supply (GENERAL) $33.36 11458 HEX NUTS Total BREZE INDUSTRIES $33.36 Unpaid::.....,....,....::.r..:k:.........,......,.........,.CITY OF DAYTON E 431-43100-390 Contracted Services $147,373.00 SEW/WATER PROJ SPEC ASSESSMENT Total CITY OF DAYTON $147,373.00 U.n-paid ;::............................,........ ..........:::CROW RIVER FARM EQUIPMENT E 101-43100-220 Repair/Maint Supply (GENERAL) $328.06 85749 MISC E 101-43100-220 Repair/Maint Supply (GENERAL) $81.69 85964 MISC Total CROW RIVER FARM EQUIPMENT $409.75 �Unpaid;:>......:............�.«....:,...... ...:.,..,..,.:EARL F�ANDERSON INC,.<.:v..,..,..:,.:.,,::.,.:.w.�,.,.w,,.,..�..,.�,.,,...,..r....,..,,,,..,H...,k..:,,.,,...:..,,,-:,.,,:.:...-.V,.:....»....,,..::..M E 101-43100-393 Street Signs $272.74 0044357 SNOWMOBILE SIGNS Total EARL F ANDERSON INC $272.74 :...... Unpaid ECM PUBLISHERS INC E 101-41400-350 Print/Binding (GENERAL) E 101-45300-350 Print/Binding (GENERAL) E 101-41400-350 PrinUBinding (GENERAL) E 101 -41 400-350 Print/Binding (GENERAL) $221.46 Total ECM PUBLISHERS INC Unpaid FENNA HOMES $54.44 00119976 NOTICE $71.10 00120223 HIST PRES COMM $41.48 00120422 NOTICE $54.44 00120423 NOTICE $221.46 MATS E 702-41400-310 Miscellaneous $1,000.00 7858 PARELL AVE LNDSCP REFUND Total FENNA HOMES $1,000.00 Unpaid .................: G & K TEXTILE LEASING SYSTEM E 101-43100-225 Uniforms $63.81 628424 UNIFORMS E 101-41940-390 Contracted Services $80.17 628425 MATS E 101-43100-225 Uniforms $73.66 633306 UNIFORMS E 101-43100-225 Uniforms $105.37 638211 UNIFORMS E 101-41940-390 Contracted Services $80.17 638212 MATS E 101-43100-225 Uniforms $63.81 643126 UNIFORMS E 101-43100-225 Uniforms $63.81 648049 UNIFORMS E 101-41940-390 Contracted Services $80.17 648050 MATS Total G & K TEXTILE LEASING SYSTEM $610.97 U,., _J ............ .................... ,,,,............. ICMA RETIREMENT TRUST ............:,. ....... .._.,.,....... .____ ,..,...... . E 101.4 1 400-1 2 1 PERA $201 92 PPE 11/10 CK DTD 11/14 G 101-21705 Other Retirement $13000 PPE 11/10 CK DTD 11/14 Total ICMA RETIREMENT TRUST $331.92 64 MAC0UEEN EQUIPMENT.I " .....,...:...... ..:.-...... ::.::... ,,............. ,......,.....,,................ CITY OF OTSEGO 11/15/01 9:55 AM Page 2 *Check Detail Register© NOVEMBER 2001 Check Amt Invoice Comment E101-43100-220 Repair/Maint Supply (GENERAL) $1,013.69 2017083 SNOWBLOWER Total MACQUEEN EQUIPMENT INC $1,013.69 Unpaid MONARCH HOMES INC. E 702-41400-310 Miscellaneous $1,000.00 8187 PARELL AVE LNDSCP REFUND Total MONARCH HOMES, INC. $1,000.00 ,.,,.......,»NORTHERN HOME BUILDERS INC ,,,» m w » ....,.,»» ..,,...�.»:..,.,,,.,,.,....,.,,....:.,..,,.,.,.,,,.....,.......,...., E 702-41400-310 Miscellaneous $1,000.00 15080 78TH WAY LNDSCP REFUND E 702-41400-310 Miscellaneous $1,000.00 7861 PARELL AVE LNDSCP REFUND E 702-41400-310 Miscellaneous $1,000.00 8060 PADRE WAY LNDSCP REFUND Total NORTHERN HOME BUILDERS INC $3,000.00 Unpaid NORTHWEST ASSOC CONSULTANTS G 701-21993 Otsego Farms G 701-21995 VFW - CUP 2001-36 G 701-21994 Eberts G 701-21992 R Anderson move in G 701-21983 Site Plan/Kinghorn G 701-21961 Pheasant Ridge #Kd & 4th G 701-21980 Hidden Creek Trail Subd E 101-41400-348 Maps E 101-41570-303 Planning Fees E 101-41570-303 Planning Fees $237.91 10451 OTSEGO FARMS $264.16 10451 VFW CUP $192.41 10451 EBERT JKO $136.34 10451 ANDERSON MOVE IN $24.00 10451 TRUDELLTRAILER $24.00 10451 PHEAST RIDGE 5 $72.00 10451 HIDDEN CREEK TRAIL $43.30 10452 ZONING MAP $570.29 10452 GENERAL $1,400.00 10453 MEETINGS Total NORTHWEST ASSOC CONSULTANTS $2,964.41 Unpaid:, mow; , :..,-..,-PUBLIC EMPLOYEES RETIREMENT FD r.Y<b<Hn<..,.»„_..:�.. E 101-43100-121 PERA $262.85 PPE 11/10/01 CK DTD 11/14/01 G 101-21704 PERA $410.63 PPE 11/10/01 CK DTD 11/14/01 E 101-41400-121 PERA $184.94 PPE 11/10/01 CK DTD 11/14/01 Total PUBLIC EMPLOYEES RETIREMENT FD $858.42 :UiPSARAH OR AARON STRITESKY.» . ,,,».,».,» ..,..:...,,, ., .M,,,..... »,.,.......v.....:........,:., .:...,.. ,,,......,.......,..,. E 702-41400-310 Miscellaneous $1,000.00 15242 81ST CT LNDSCP REFUND Total SARAH OR AARON STRITESKY $1,000.00 Unpaid,...,...,............,.>....,.....»,....,_.... SOFTRONICS �,�.�....,.a�...,......�,.,..�.�..,.y..,..�,.,,.,,..»»..............:....:......�,.�.,..x..,:..:,..,.._....,k.,.,..:._..,.n........ E 101-41400-570 Office Equip and Furnishings $1,915.61 1934 ROB/COMPUTER SYSTEM Total SOFTRONICS $1,915.61 Unpaid STATE OF MINNESOTA E 101-43100-310 Miscellaneous $2,456.00 0160 3626 OVERWEIGHT TRK 0160 3626 Total STATE OF MINNESOTA $2,456.00 Unpaid.,............:::.w..,� . :....,,,.:.:::...,,•. STS CONSULTANT'S LTD.,..,,,....:..,,» w» ,,»»:.,,.,................,.............,.....................................,................... E 416-43100-390 Contracted Services $1,093.70 223165 99 STREET IMPROVEMENTS Total STS CONSULTANT'S LTD $1,093.70 UPBEAT INC. E 101-41400-310 Miscellaneous $238.74 412551 2 ASHTRAYS Total UPBEAT INC. $238.74 I ZIEGLER INC E 101-43100-220 Repair/Maint Supply (GENERAL) $673.75 000457609 88 GRADER E 101-43100-220 RepairrMarnt Supply (GENERAL) $69.51 000458443 88 GRADER Total ZIEGLER INC $743.26 10100 BANK OF ELK RIVER $182,513.17 CRY OF OTSEGO 11/15/01 9:55 AM Page 3 *Check Detail Register© NOVEMBER 2001 Check Amt Invoice Comment FILTER: None CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA Applicant: Rhea Development Company. 11-26-01 Zoning Ordinance Amendment Findings of Fact & Decision Request: Consideration of a Zoning Ordinance amendment establishing a special signing district encompassing land adjacent to the Interstate 94 Corridor. City Council Meeting Date: 26 November 2001 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 Planning Commission and City Council must take into consideration the possible effects of the Zoning Ordinance amendment (Exhibit A) 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 encourages development of the 1-94 corridor with industrial uses to take advantage of access and visibility to traffic on the freeway. The plan states that signing of industrial properties is to facilitate identification and business promotion, while not allowing over -intensification. The proposed amendment will allow for increased sign exposure for existing and planned industrial areas along 1-94. In that the overall sign area is not being increased, the amendment does not allow an over -intensification of signage along Otsego's 1-94 corridor. B. The proposed use's compatibility with present and future land uses of the area. Finding: The proposed amendment applies only within a defined area surrounding 1-94, which are all planned for industrial uses. Appropriate transitions between the industrial areas and surrounding land uses are provided by physical barriers oraided by the layout of the industrial parks. C. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The proposed amendment will not create any non -conforming signs. D. The proposed use's effect upon the area in which it is proposed. Finding: The proposed amendment is intended to aid in identification of businesses within the industrial areas planned along 1-94. 5. 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 amendment is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: Not applicable. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Finding: The proposed amendment is not anticipated to impact to the City's service capacity. 2. The planning report dated 12 November 2001 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 3. The Otsego Planning Commission conducted a public hearing at their regular meeting on 19 November 2001 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 5-0 vote that the City Council approve the Zoning Ordinance amendment based on the aforementioned findings. Decision: Based on the foregoing information and applicable ordinances, the requested Zoning Ordinance amendment is hereby approved based on the most current plan and information received to date. PASSED by the Otsego City Council this 26th day of November, 2001. test: CITY OF OTSEGO By: Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk ORDINANCE NO.: CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO ESTABLISH A SPECIAL SIGNING DISTRICT ENCOMPASSING LAND ADJACENT TO THE INTERSTATE 94 CORRIDOR. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-1-2 of the Zoning Ordinance (definitions) is hereby amended to include the following text: 25a. 1-94 Corridor Sign District: A special signing district encompassing land located within two thousand six hundred forty (2,640) feet of the Interstate 94 right-of-way. Section 2. Section 20-37-5.C.4.a of the Zoning Ordinance (Business and Industrial District - Freestanding Signs) is hereby amended to read as follows a. Freestanding. Not more than one (1) double sided freestanding sign. Sign area may not exceed one hundred (100) square feet each side with a maximum height of twenty (20) feet, except that for signs within the Interstate 94 Corridor Sign District, the maximum height shall be forty-five (45) feet. Section 3. This amendment shall be in full force and effect upon its passage and publication. EXHIBIT A ADOPTED by the Otsego City Council this 26th day of November, 2001. CITY OF OTSEGO FM ATTEST: Larry Fournier, Mayor Judy Hudson, City Clerk/Zoning Administrator CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA Applicant: Bulow Incorporated. 11-26-01 PUD Concept Plan Findings of Fact & Decision Request: Consideration of a PUD Concept Plan for an 18 -hole golf course and residential development entitled Vintage -Pro Golf. City Council Meeting Date: 26 November 2001 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 245 acre property lies within the Agriculture Preserve Area and is guided for agriculture land uses by the 1998 Comprehensive Plan Update, as amended. The Comprehensive Plan limits residential densities in the Agriculture Preserve to four units per 40 acres, except that higher densities may be allowed with City approved sewer and water services. Development of the project will require an application to amend the Comprehensive Plan to allow low density residential land use of the subject site. 4. The property is zoned A-1, Agricultural Rural Service District; Development of the project will require an application to rezone the property to PUD District. 5. The Planning Commission and City Council must take into consideration the possible effects of the Zoning Map amendment with theirjudgement based upon (but not limited to) the criteria outlined in Section 20-3-2.17 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 allows for consideration of the project with its proposed common sewage treatment and potable water facilities. The appropriateness of the proposed density will need to be considered within the context of the project's compatibility with the surrounding area and impact to transportation and infrastructure capacities. The type of project integrating a golf course and residential neighborhood should also be considered in that the Comprehensive Plan states that except in unique circumstances, all new residential development is to be concentrated within the sanitary sewer service district. The Comprehensive Plan encourages development of a balanced housing supply in terms of type and values. In that the majority of Otsego's existing housing supply developed before 1999 is considered to be affordable by Metropolitan Council guidelines, the City's recent focus has been on development of higher value housing. The City has attempted to accomplish this objective by creating opportunities for combining residential developments with certain amenities, such as openspace preservation in the Rural Residential District or with Vintage Golf. Subject to issues of compatibility, transition and infrastructure impacts, the proposed scope of the development may be appropriate. B. The proposed use's compatibility with present and future land uses of the area. Finding: The majority of the residential units are clustered within the golf course isolating them from surrounding properties. Creating an appropriate transition for the townhouse uses and commercial elements of the development between surrounding properties and integrating them within the project is an issue that requires further attention. C. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: Conformance with applicable performance standards of the PUD District will be subject to review of a development state application. D. The proposed use's effect upon the area in which it is proposed. Finding: The area in which the subject site is located has experienced development beyond rural densities. Provided that issues pertaining to services, infrastructure and land use compatibility can be addressed, the project will not negatively impact the area. E. The proposed use's impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, no negative impact to area property values is anticipated to be caused by the project. F. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: The property is served by Kadler Avenue, which is a gravel street. To accommodate traffic generated by the project, the street will need to be upgraded. Potential traffic impacts to CSAH 39 also will require further review by City Staff and Wright County. 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 provision of common on-site sewage treatment and potable water facilities will address a primary service issue and the future need for municipal sanitary sewer service. The development is located in close proximity to other developed areas in this area of the City requiring services such as street maintenance, park facilities, police/fire protection, etc. 6. The planning report dated 14 November 2001 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 7. The Otsego Planning Commission conducted a public hearing at their regular meeting on 19 November 2001 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 5-0 vote that the City Council approve the PUD Concept Plan based on the aforementioned findings. Decision: Based on the foregoing information and applicable ordinances, the requested PUD Concept Plan is hereby approved based on the most current plan and information received to date, subject to the following conditions: 1. The applicant shall submit a complete development stage application(s) within six (6) months from the date the concept plan is approved by the City Council. 2. The development stage application must include plans for a common sewage treatment plant and potable water system, subject to review and approval of the City Engineer and MPCA. 3. The development stage applications is to reflect the following modifications and revisions of the concept plan- a. The street layout is subject to further review by the applicant and City Staff. Street section plans are to be provided with the development stage plan. b. Any proposed townhouse units are to be better integrated into the project. Site plans, floorplans, and building elevations for the proposed townhouse units are also to be provided. C. Viewsheds of the golf course are provided to the single family lots within the looped streets. d. Golf course facilities including tee boxes, fairways, and greens are to be setback 50 feet from any perimeter lot line. The maintenance area is to be revised such that all activities are oriented into the project and access is to be off of the internal street. e. Floorplans and building elevations for the proposed clubhouse and maintenance buildings are provided. f. Operation of the practice range including hours, number of tees, and any lighting is to be specified. g. Provision is made for cart circulation between the golf course and residential neighborhoods that is not dependent upon public streets. h. A landscape plan for existing and proposed plantings for the clubhouse area and parking lot, practice range, townhouse areas, entrance ways, boulevards or medians, and maintenance area is submitted. Outlot A is platted as a lot and block, with dedication of necessary right-of-way for Kadler Avenue. Any existing buildings within the proposed right-of-way or create traffic visibility issues are to be removed. 4. Kadler Avenue is to be improved to a paved rural local street section from CSAH 39 to the south end of the subject site abutting the right-of-way at the applicant's expense. 5. Access to CSAH 39, visibility at CSAH 39 and Kadler Avenue, and the tunnel under CSAH 39 are subject to review and approval of the City Engineer and Wright County. 6. All grading, drainage, and utility issues are subject to review and approval of the City Engineer. '. The Parks and Recreation Commission consider the need for a trail corridor along Kadler Avenue. PASSED by the Otsego City Council this 26th day of November, 2001. Attest: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk 4 NOU-21-2001 08:29 NAC 612 595 9837 P.03iO4 t Gilkir "IST ASSOCIATI4 ta"SUILTANTSS INC, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9635 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM - via fax transmission TO: FROM: DATE: RE: NAC FILE: Otsego Mayor and City Council Daniel Licht 21 November 2001 Otsego -1-94 Corridor Sign District 176.02 - 01.30 CITY FILE: 2001-38 The Planning Commission held a public hearing on November 19, 2001 to consider the application of Rhea Development Corporation to establish a special sign district along the 1-94 Corridor. The purpose of the special sign district is to allow commercial and industrial properties within the area to have freestanding signs up to 45 feet tall so that they may be visible from the freeway_ The applicant was not present at the meeting and no comments were received from the public. The only discussion by the Planning Commission was if the City should consider changes to the area allowances as well. The Planning Commission decided that the present 100 square foot allowance was appropriate and no change was necessary. Following the close of the public hearing, the Planning Commission voted 5-0 to recommend approval of the proposed Zoning Ordinance amendment. Findings consistent with this recommendation will be provided for consideration at the November 26, 2001 City Council meeting. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Steve Scharber NOU-21-2001 08 29 NAC "OlkirrAwastr 612 595 9837 P.04iO4 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM - via fax transmission T0: Otsego Mayor and City Council FROM: Daniel Licht DATE: 21 November 2001 RE: Otsego - Autumn Woods 3' Addition NAC FILE: 176.02 - 01.33 The Planning Commission held a public hearing on November 19, 2001 to consider the rezoning and preliminaryfnal plat applications for Autumn Woods 3'd Addition. The abutting property owner to the north was present and raised a concern about area drainage. Stormwater accumulates within the easement areas on their property with each rainfall. The resident's concern is how this subdivision will impact these problems. The City Engineer is to review the area drainage and respond to these issues at the City Council meeting on November 26, 2001 Following discussion of the drainage issue and closing of the public hearing, the Planning Commission voted 5-0 to recommend approval of the request. The Planning Commission noted that drainage issues were subject to review and approval of the City Engineer as listed in the conditions of approval. Findings consistent with the Planning Commission's actions will be provided at the City Council meeting on November 26, 2001 for review. PC- Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Jim Peterson NCV -21-2001 0828 NAC 612---59955 9e3�7 P.02iO4 �T�11 &- INORtH--=ESt ASSOCIAt1116 �OI�S�i��*►lltS, lob. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55.416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners®nacplanning.com MEMORANDUM - via fax transmission TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 21 November 2001 RE: Otsego - Vintage Pro -Golf, Concept Plan Review NAC FILE: 176.02 - 01. 31 CITY FILE: 2001 - 37 The Planning Commission held a public hearing on November 19, 2001 to consider a PUD Concept Plan application for the above referenced project. The applicant was present to describe their project and also address the issues raised in the planning report. Comments were received from the public concerning how this project fits within the City's Comprehensive Plan calling for agricultural use in the area and also some questions on site design. The Planning Commission also focused primarily on the Comprehensive Plan issues. Again, the Comprehensive Plan was adopted with a statement that higher densities would be considered with City approved sewer and water facilities. The main issues raised by the Planning Commission were that the proposed townhouse units are to be better integrated into the project and be of a distinctly different style or market than those townhouses in the sanitary sewer service district if they are to be allowed. The Planning Commission also felt strongly that a common water system should be included in the project and included this requirement in their recommendations. Following the public hearing and Planning Commission discussion, the board voted 5-0 in favor of the request subject to the modified conditions outlined in the staff report. Our office will provide findings reflecting the Planning Commission's recommendation for the City Council at their meeting on November 26, 2001. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Chris Bulow CITY OF OTSEGO REQUEST FOR COUNCEL ACTION November 26, 2001 ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 9.A. West Sewer Plant Update City Administrator 9.A. Offer from Darrel A. Farr Development. I've enclosed a letter from Darrel Farr with his offer to the City for use of some of his land for the west sewer plant. To summarize his letter, he will give us 20 acres for the sewer plant site in return for; 1) $500,000 ($25,000 an acre). 2) Revision of the Comp Plan to approve all his proposed land uses, which are 324 acres residential and 140 acres of commercial/industrial. 3) A guarantee the Beaudry land will have sewer as soon as the plant opens. STAFF RECOMMENDATION I recommend this offer be rejected for the following reasons. A) The land is not worth $25,000/acre until we build a sewer plant. We should not pay sewer prices for land when there is not any sewer available. B) It would be illegal for us to guarantee a change in the Comprehensive Plan without providing proper public notice and holding the proper public hearings. C) We should not guarantee anyone they will be in the sewer district without holding proper public hearings to allow public comment and discussion of the sewer district. .. development c o r p o r a t i o n "Wk,211 \Vd t'U11 1, Icf LAS L'cnila }Ole Ve ."1 16 Novemer'�001 The Honorable Larry Fournier Mayor City of Otsego 8899 Nashua Avenue NE CtSago, MN 55330 and Mr. Vern Heidner City Council Member City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Mr. Mike Robertson City Administrator City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Dear Mayor Fournier and Council Member Heidner: It appears that the City of Otsego and Darrel Farr have reason to work together for the benefit of the residents (present and future) of Otsego. I say this for several reasons: 1 . Otsego is a convenient and desirable place to do business, live and recreate. 2. The freeway makes development of the west area feasible and desirable for the cities present and future. 3. My company owns or has control of about 480 acres in this immediate area. 4. My company has 40 years of experience developing industrial, commercial, office, retail and hospitality properties as well as over 8,000 housing units of various types, styles and prices. 5. Much of the development, construction and operation of real estate properties has been done in mixed use projects; i.e., sites with both business based and residential opportunities together. It was for these reasons that we began acquiring land in the west area of Otsego four years ago. It is clear that Otsego's decision makers believe the opportunity exists to promote Otsego appropriately by increasing the tax base and providing new, interesting residential opportunities for present and future households. It is my understanding that Otsego is in the process of considering utilities for the west area to enable development. We certainly endorse this process and would like to contribute to its fruition. We feel that properly planned and implemented, given the E.\DAFD Genl OfP.New Biz\Otsegc proposal 11-16-01.doc 3025 harbor Ione suite 31 7 plymouth, minnesoto 55447 703.553.9972 763.553.9933 fax "window" to this part of the City provided by the freeway, Otsego's economy will be enhanced. While we look at this part of Otsego, and the metropolitan area as a whole, as an opportunity to do interesting improvements needed by the area's people, we must obviously benefit financially or we will not be in business anymore. Therefore, we would like to propose what we feel is a sound program for Otsego to achieve its goals for its people, and for our company to achieve ours. This program will attract business, taxes and new residents as well as provide opportunities for employment, different housing styles and recreation for existing residents. Our proposal: Enter into a Develoaers Agreement and/or.PUD conditioned on complying with all laws and requirements of the City, that will provide, among other things, the following: a. The sale of 20 acres of land to Otsego for a new mechanical sewer plant. i. The location would be determined and agreed to by both parties. ii. The price would be $500,000.00. iii. The earnest money would be $25,000.00. iv. The purchase would be for cash. v. The sale would close on March 1, 2002 b. Land use as follows: i. Approximately 144 acres (Beaudry land) to be low density residential (4 units per acre) and have sewer available as soon as the new plant opens. This land would be developed subject to appropriate City controls regarding design, engineering, open space and other physical and aesthetic considerations. Approximately 240 acres (Greeninger and Zachman land on 701h) to be a planned development of mixed use containing not less than 120 acres of industrial/commercial, office, retail and ho,pitality uses. 120 a.^re; will b;: for res; de^tiol uses such as town homes (both rental and for -sale), apartments (both rental and as condominium ownership) and single family. The density would be medium at 8 dwellings per acre. This land would have sewer available as expediently as construction could provide it. We are convinced that industrial/commercial development, at least that of some quality -vs- ugly pole building type industrial, will take place but needs more "rooftops": i.e., households, to be successful. We are willing to discuss and agree to some formula acceptable to the City and us regarding some form of ratably developing residential and industrial/commercial uses on this land. E:`,DAFD Genl OMNew Biz\Otsego proposal 1 t-16-01.doc iii. Approximately 80 acres (Merges land) to be 20 acres industrial/commercial and 60 acres of high density residential. Note: This land, while subject to an executed purchase agreement by the undersigned and the Merges', is under the cloud of litigation. The residential area, at 12 dwellings per acre, would be appropriately integrated with the commercial, as it would be on the land immediately above. All of the land, as stated above, is subject to appropriate City controls regarding design, engineering, open space, and other physical and aesthetic considerations. In summary: The industrial commercial development on the 140 acres (120 plus 20) (in 2001 dollars) is estimated to have a market value of $152,000,000.00 with property taxes estimated to be $5,500,000.00 annually when completed (based on 2001 dollars and current property tax rates). Given normal market conditions, we feel the industrial/commercial development will take seven to ten years to complete. Rental residential; i.e., town homes and apartments, are considered to be advantageous to an area's tax base because of Minnesota's tax rates on such property together with the fact that per dwelling they produce few demands on the school system and other municipal services. We estimate the taxes on the rental residential to be $1,200,000.00 annually based on 2001 dollars and tax rates. We, therefore, estimate that annual taxes after completion on commercial/industrial and rental properties will be (in 2001 dollars) $6,700,000.00 per year. This proposal is a large undertaking by anyone's standards. Given the estimated time frame, however, it is very realistic and feasible. Both Otsego and our company would benefit greatly by the implementation of this proposal. We believe the following 5E. iOl:sly: * Otsego has a sincere desire to properly plan for quality growth both economically and from a lifecycle residential perspective. * Our company has the expertise, reputation and experience to work with the cities decision makers to participate in this challenge. With the location of the west area of Otsego, the freeway, the land we have under control and the economic health and demand generated in the metropolitan area, we have an opportunity rarely available to do something to be really proud of that will last for generations. E.\DAFD Genl OffiNew Siz\Otsego proposal 11-16-01 doc Thank you sincerely for taking the time to read this. I realize your direction was simply for a response to your query into a land parcel for a sewer plant. As a life long resident of the western metro and a developer/builder of forty years, I had to point out the advantage I perceive to this concept. Thanks again, Darrel A. Farr Development Corp. Darrel A. Farr, Chairman r DAF d �k- E.\DAFD Genl OMNew Biz\Otsego proposal 11-16-01.doc Tom 1. 0. MEMO Date: November 21, 2001 To: City Council From: City Administrator Mike Robertson Re: Economic Development Planning The EDAAC recommended at its meeting Monday, November 19, 2001 that the City Council contract with Dan Wilson to assist the EDAAC in the development of an economic development plan. I spoke with Dan Wilson and he said he would charge $95 an hour and estimated the cost at somewhere between $3,000-5,000. He suggested that the process should take no more than four meetings. His statement was that if it took longer it wasn't worth doing. The proposed 2002 EDAAC budget has $5,500 budgeted under Contracted Services. This would be a logical source of funds for this plan. The EDAAC also recommended that the planning process begin with a brainstorming meeting on January 22, 2002 at 6:00 p.m. that all City commissioners and Councilmembers be invited to. The City would provide pizza. Wilson said he could make this meeting. 7+&n 9 , F MEMO Date: November 22, 2001 To: Mayor & Council From: City Administrator Mike Robertson Re: Albertville Fire Contract I have enclosed a copy of the proposed contract for fire service with Albertville. In the last few years our costs have increased approximately $6,000. Based on the amount Albertville is requesting from us I would recommend that we charge $65 a parcel for fire service. This is up from $53 a parcel charged last year. cc: City Clerk Judy Hudson firecontr=.wps 2002 FIRE PROTECTION AGREEMENT WITH THE CITY OF OTSEGO This agreement made and entered into by and between the City of Albertville, a municipal corporation of the County of Wright in the State of Minnesota, and the City of Otsego, in the County of Wright in the State of Minnesota. WHEREAS, Otsego desires the services of the fire department of Albertville in case of fires occurring in Otsego, as well as the emergency medical services of Albertville in case of a medical emergency, and WHEREAS, Albertville maintains a volunteer fire department with emergency medical response capability, which department is available to provide fire protection and emergency medical response services to properties located in St. Michael, and THEREFORE, it is agreed by and between said parties as follows: 1. Albertville, through its fire department, shall provide fire protection and emergency medical response services to those properties in Otsego. Such fire protection and emergency medical response services shall be provided from January 1 through December 31, 2002. 2. Otsego shall agree to pay Albertville $20,264.16 in exchange for the provision of fire protection and emergency medical response services as described above. Payment due for the year 2002 shall be made in two installments of $10,132.08 on or before July 1, 2002, and $10,132.08 on or before December 31, 2002. 3. Albertville's obligation to provide fire protection service and emergency medical response shall be subject to the following: a. If road and weather conditions at the time of the call are such that the fire/medical run cannot be made with reasonable safety to men and equipment, and the decision of the Fire Chief or his Deputy in charge shall be final in such matter, no obligation arises under this agreement on the part of the City of Albertville to answer such call. b. In the event that a sufficient amount of the fire fighting/medical equipment and the number of volunteer firemen, or both, are committed at the time of the fire call, in sole judgment of the Fire Chief or his Deputy, to fighting pre-existing fires or attending pre-existing medical emergencies, so as to render the available equipment and manpower inadequate to answer a fire or medical call from Otsego, no obligation shall arise under this CITY OF ALBERTVILLE By: John A. Olson, Mayor ATTEST: Linda Goeb, City Clerk CITY OF OTSEGO By: Larry Fournier, Mayor City Administrator 2001 NET TAX CAPACITY FOR THE ALBERTVILLE FIRE DISTRICT 2002 CONTRACT YEAR CITY OF OTSEGO CITY OF ST. MICHAEL CITY OF ALBERTVILLE TOTAL NET TAX CAPACITY 2002 FIRE BUDGET $175,356 2001 STATE FIRE AID (19,934) TOTAL COSTS ALLOCATED $155,422 $401,567 $407,291 $2,271,079 $3,079,937 a TAX PERCENT OF PORTION OF COST CAPACITY TOTAL VALUE ALLOCATED ALBERTVILLE $2,2719079 73.74% $114,604.82 OTSEGO $4019567 13.03% $ 20,264.16 ST. MICHAEL $4079291 13.22% $ 20,553.01 a