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10-23-95 CCOCT 18 '95 14:28 HAKANSON ANDERSON Hakanson Anderson 11—H1As5oc-jnc. Octobcr 18, 1995 Elaine Beatty, Clerk City of Otsego 8899 Nashua Avenue Otsego, MN 55330 RE: Lef-Co Feed Lot C.U.P. Dear Elaine: 222 Monroe Street Anoka, Minnmota 55303 612/4D -58W Fax 6121427-3401 As of the date of this letter we have nor received drawings and data required in our letter of 8/31195 and NAC report dated 8/28/95 for the above mentioned C.U.P. The required site plan along with a grading & drainage plan has not been available to US Lo review and comment upon. We therefore, are unable to provide a recommendation on the engineering issues at this time. It is my opinion without compliance to City Ordinance on the above issues, we would recommend against approval on 10/23/95 Council Meeting. If you have any questions, please contact me. Yours truly, HAKANSON ANDERSON ASSOCIATES INC. renc G. oshak, P.E. kas CC. Andy MacArthur Bob Kirmis Jim Lefebvre Thomas E. Casey File: 0t21 a6.cb Engineers LA-'%cerw. Archltrds Surwym% P. 1 William S. Radzwill tndrew J. MacArthur .Michael C. Court October 19, 1995 RADZWILL & CO URI Attorneys at Law 705 Central Avenue East PO Boz 369 St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) City Council Members City of Otsego c/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 RE: Lef-Co Farms, Inc., Application For Conditional Use Permit Dear Council Members: I would like to briefly set forth for the Council some of the legal issues involved in the application mentioned above, which is up for Council approval on Monday, October 23. Pursuant to the City Zoning Ordinance (20-4-2,N), approval of the Conditional Use permit requires a 4/5 vote of the Council. The applicant has already received a permit from the MPCA for construction of the facility. Present case law indicates that the MPCA preempts the City in regards to pollution issues. Board of Supervisors of Crooks Township Renville County v. Valadco, 504 NW2d 267 (Minn. App. 1993). MPGA rules specifically indicate that land use decisions are left up to local governments. Minn. Rules 7020.0100. My interpretation of the above is that the City can determine whether or not the use is acceptable and that the criteria for a Conditional Use Permit have been met based upon the usual criteria used in evaluating a Conditional Use Permit, but cannot second guess MPGA regarding issues related specifically to pollution. As long as any factor to be considered by the City relates in whole or part to non -pollution related issue the City can fully evaluate that factor. By adoption of the Comprehensive Plan and classification of the property as agricultural the City has already indicated that the Letter to Otsego City Council October 18, 1995 Page 2 proposed use is acceptable as long as it meets all restrictions imposed by ordinance and proves to have acceptable compatibility with surrounding uses, and does not tend to depreciate the value of surrounding properties. Compatibility with surrounding uses and possible diminution of property values are two issues which are, in my opinion, key to this application. Some evidence was presented at the Planning Commission relative to these issues. It is up to the Council to weigh and evaluate what has been presented by both sides and determine whether or not the respective parties have provided enough substantial evidence to prove the positions that they are advocating. The City can enforce all applicable setbacks contained within the City Ordinances, specifically that required 1000 foot setback from bodies of water. In my opinion, this setback should be strictly construed since it is contained in that portion of the Ordinance which specifically regulates Commercial Feedlots. Although the word "Public waters" is not contained within that section of the Ordinance it is my opinion that the City must insert this word to allow for a common sense interpretation of the ordinance. The City can also place all appropriate conditions on the project if there is approval, including conditions related to drainage concerns, and proper conditions to assure operation of the facility in a manner conducive to public health, safety and welfare. The City Planner and myself are providing alternative findings in this matter relative to both approval and denial. The Council can either adopt these findings entirely, adopt them with additions or deletions, or reject them entirely and order that new Findings be drafted by Staff. We have been presenting alternative findings for consideration as a matter of course in particularly controversial matters. I will be available to answer any questions you might have at the City Council meeting on Monday, October 23. Verytruly yours, Andrew J % MacArthur RADZAILL & COURI cc: Bob Kirmis, NAC Larry Koshak, Hakanson Anderson Dave Lenhardt, Attorney Tom Casey, Attorney OCT -19-1995 11:13 FROM October 19, 1995 TO 4418823 P.02 JON B. TESSIER & ASSOCIATES, APPRAISERS INC. APPRAISERS & VALUATION CONSULTANTS 4109 West Broadway Minneapolis, Minnesota 55422 Phone 612 533 5513 Yaz 612 533 %FY15 Mr. & Mrs. LaVonne Berg 6939 Packard Avenue NE Otsego, MN 55330 RL: Construction of Confinement Dairy Operation Lef-Co Farm Northwest 1/4, Section 34 Otsego, MN Dcar Mr. & Mrs. Bcrg: At your request, I have inspected the property located at 6939 Packard Avenue NE, Otsego, for the purpose of determining what, if any, damages would be caused by construction of a confined dairy operation immediately across Packard from your residence and your neighbors in Otsego. I have began my study by review of the documentation provided by you, on the application of the conditional use permit and related data I have searched appraisal literature and discussed odor problems with people familiar with cases in numerous areas. Environmental pollution has made us more and more aware over the past fifteen years or so. Our awareness was prompted by large disastrous problems many times maiming or killing people. As environmental issues become part of every day life, we see that these problems may happen on a micro basis, not just on a macro, large, disastrous basis. Odors are a relatively new aspect as far as their impact on property value, although odor problems have occurTed associated to factories and other sources for more than one hundred years. The observed result is generally residential decline and outward migration from these areas. A confined dairy operation and the associated activity is tantamount to placing a factory with smoke stacks on this site. This activity is something beyond family farming, more or less an agricultural factory. Otsego appears to be in a transitional area of rural to suburban use. Zoning can be used to preserve the neral attractiveness of an area, but as urban sprawl continues outward, certain land uses are more productive to meeting the demands of the market. To this point in time, it appears that this area has sustained continued farming, hobby farming and residential use. This appears to be consistent in land use and in meeting the objectives of zoning and planning. An attempt to turn to a heavy agricultural use does not appear to be consistent with the general land use pattern, OCT -19-1995 11:15 FROM TO 4418823 P.04 I believe your efforts to preserve your quality of life at this site are well fntindeci Certainly, no one wishes to disturb farming or the family farm as a way of life. Too many farms have been allowed to pass out of existence. But the proposed use is, more consistent with use outside of the metro area, in areas with far less population, areas where the use will represent the highest and best use of the site. The current proposed use is not consistent use in this area nor does it cnnform tn current coning nrdinances. Thank you for allowing us to be of service in your valuation needs. If you have any further questions or concerns, please call me. Very truly yours, JON B. TESSIER & ASSOCIATES, APPRAISERS, INC. Jon B. Tessier, ASA Certified General Real Property Appraiser State of Minnesota License #4001824 OCT -19-1995 11:25 FROM TO 4418823 P.01 ASSUMPTIONS AND LIMITING CONDITIONS LIABILITY,' LIMIT, READERSHFP, CHANGES. - The client is considered to be the person or entity paying consulting fee, even if through a second party, absent written agreement to the contrary. Client, by acceptance and use of the consultation and consulting report, hereby certifies that information furnished to the appraiser is complete and correct to the best of his knowledge -9nd also by such acceptance and use of consulting report indicates acceptance of all limiting conditions and assumptions as itemized here in these immediate pages and as may appear elsewhere in the report. The liability of Jon B. Tessier & Associates, Appraisers Inc. firm and employees is limited to the client only and to the fee actually received by appraiser / consultant_ Furthermore, there is no accountability, obligation, or liability to anyone or any third parry other than the client. If this report is placed in the hands of anyone other than the client, the client shall make such party aware of all the limiting conditions and assumptions of the assignment and related discussions. The appraiser is in no way to be responsible for any costs incurred to discover or correct any deficiencies of any type present in the property; physically, financially, and/or legally. No change of any item in the report shall be made by anyone other than the appraiser and/or officer of the firm. The appraiser and firm shall have no responsibility if any such unauthorized change is made. Waiver, in any form of any part of these Limiting Conditions and Assumptions does not affect any other part or item. This consulting report is written on the premise that the reader is basically familiar with the valuation and analysis process, real estate markets and procedures normally used. If you are not, please call us about questions you have. In the case of limited partnerships or syndication offerings or stock offerings in real estate, client agrees that in case of lawsuits (brought by lender, partner or part owner in any form of ownership, tenant, or any other party), any and all awards, settlements of any type in such suit, regardless of outcome, client will hold appraiser completely harmless in any such action. OCT -19-1995 11:27 FROM TO 441ee23 P.03 It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property descnbed and that there is no encroachment or trespass unless noted in the report. SPECIAL ASSESSMENTS: This consulting report was -made, assuming thatall. public improvements• of any kind. affecting this - property under analysis are fully paid for, unless otherwise specifically set forth in the property description. USE OF THE CONSULTING REPORT: Possession of this report,. or a copy thereof, does not carry with it the right of publication, nor may it be used for any purpose by any but the applicant and then only with proper qualifications. The Bylaws, research, expertise and' Regulations of the Appraisal Institute and the American Society of Appraisers require each Member and Candidate to control the use quid the distribution of each report signed by such Member or Candidate; except as hereinafter provided, the client may distribute copies of this consulting report in its entirety to such third parties as he may select; however, selected portions of this consulting report shall not be given to third parties without the prior written consent of the signatories of this report and selected portions may not be copied, distributed, or in any way communicated to others in such manner as may possibly mislead another person or entity. Neither all nor any part of this consulting report shall be disseminated to the general public by the use of advertising media, public relations, news, sales or other media for public communication without the prior written consent of the appraiser / consultant. (See fiist and last item concerning matters of liability of appraiser and responsibility of client). This report is to be used only in its entirety and no part is to used without the whole report. No portion of the report may be used in any way, verbally or orally, in part or totality, to mislead, poorly inform, or defraud any other person or entity. Ail conclusions and opinions concerning the analysis as set forth in the report were prepared by the Appraiser(s) whose signature(s) appear on the report. Be advised that some of the people associated with Jon B. Tessier & Associates, Appraisers Inc, and possibly signing the report may be independent contractors. DISTRIBUTION OF VALUE: The distribution of the total valuation, if any, of this report between land and improvement applies only under the existing program of utilization. The separate valuations for land and buildings must not be used in conjunction with any other appraisal and are invalid if used. TOTAL P.03 OCT -19-1995 11:1? FROM TO 4418823 P.O? Appraisal report and the market value estimate subject to change if physical or legal entity or financing different than that envisioned in this report or upon change in (or discover of certain influencing) market conditions or property condition as well. It is assumed that the property which is the subject of this report will be under prudent and competent ownership and management; neither inefficient nor super -efficient, with adequate capital and management skills for such endeavor. REVIEW Unless otherwise noted herein, if the "review appraiser" has viewed and signed the report, such review is made only to check general appropriateness of techniques and format, and has not necessarily inspected the subject or market comparable properties unless indicated or signed. as "concurring" or "co -appraiser". DISCLOSURE: Disclosure of contents of this report is governed by the Bylaws and Regulations of the Appraisal Institute, by the American Society of Appraisers, and by the Uniform Standards of Professional Appraisal Practice (USPAP). Neither all nor part of the contents of this report (especially any conclusions as to value, the identity of the appraiser or firm with which he is connected, or any reference to the Appraisal Institute or the American Society of Appraisers), shall be disseminated to the public through advertising media, or any other public means of communications without prior written consent and approval of the undersigned. ACCEPTANCE OF, AND/OR USE OF, THIS CONSULTING REPORT BY CLIENT OR AN YONE ELSE (OJi AN Y -THIRD J'AKJ'Y") CON STITU'1 ES AC;C;EJ.'TAN CE OF THE ABABOVE ASSUMPTIONS AND LIMTITNG CONDITIONS AND ANY OTHER NT)ITIONS STATED IN THE RF. PO31T. APPRAISER LIABJLiT Y TrN-Dg oNLY TO STATED CLIENT, NOT SUBSEQUENT PARTIES OR USERS, AND APPRAISER LIABILITY IS LIMITED TO THE ACTUAL AMOUNT OF FEE RECEIVED BY ""RAISER / CON SULTANT. OCT -19-1995 11:18 FROM TO 4418823 P.09 Various Mini Seminars by AIREA, SREA, & ASA. EMPLOYMENT BACKGROUND Jon B. Tessier & Associates, Appraisers Inc., Minneapolis, Minnesota, 1991 - present_ Associated as Staff Appraiser -.C. R. Pelton & Associates, St. Paul, Minnesota, 1983-1993. Staff Appraiser, Patchin Appraisals then Patchin Division of American Appraisal Company, Minneapolis, Minnesota, 1981-1982. Independent Fee Appraiser associated with Appraisal Services, Inc., Robert N. Frissell, MAI, Fargo, North Dakota, 1980-1981. Independent Fee Appraiser associated with Michael J. Barnard, MAI, Green Bay, Wisconsin, 1978-1980. Real Estate Broker and Salesman, Green Flay, Wisconsin, 1977-1979. APPRAISAL EXPERIENCE .Includes residential, multiple dwelling, cor mercial, industrial, special use, rural and recreational properties for purposes such as acquisition, financing, sale, insurance, taxes, rentals, right of way and condemnations. More specifically, Mr. Tessier's experience includes the appraisal of agricultural land and buildings; commercial, office, retail and wholesale space; light to heavy manufacturing plants and warehouse space; apartment buildings, motels, houses and residential lots and subdivisions; recreational land including parks, wetlands and wilderness -type areas; special use single purpose properties; all types of land, including partial takings and right of way easements. COURT EXPERIENCE Qualified as an wLVvi L w1Luess iii DisulcL Court, Tax Coui L, FW=al Bwiluuptcy Court; County Commissioners Hearings. Also serves as court appointed commissioner for County Commissioners Hearings. TEACkIING EXPERIENCE Minnesota School of Real Estate - Foundations of Real Estate Appraisal, Appraising the Single Family Residence, Uniform Standards of Professional Appraisal Practice, Environmental Issues in the Real Estate Transaction, Valuation of the Single Family Residence Utilizing Marshall Valuation Service - 1995 PROFESSIONAL AFFILIATIONS American Society of Appraisers - Designated as Senior Member, ASA; Twin Cities Chapter # 53 President, 1989-1990. Appraisal Institute - MAI Candidate. Yr GRANITE CITY APPRAISAL St. . e°� 2 . Cloud. MN 56302 Farm - Residential - Commerical Business (612', 251-3648 Certified Federal General Appraiser Residence 16' 2) 253-0903 October 16, 1995 TO: Otsego Council Members FROM: Ronald C. Zitzow, Certified General Real Property Appraiser, and owner of "Granite City Appraisal", St. Cloud, MN RE: Mr. Greg LeFebvre 15033 - 70th Street Elk River, MN 55330 11400 Cow", Parlor, Free Stall Barn Dairy Expansion. Dear Council Members: I have appraised real estate in rural, suburban and urban areas of Minnesota since 1972. For the period January 1, 1990 and December 31, 1994, I have completed appraisals on 644 single family homes and 352 farmE and rural commercial properties. Twenty-six large specialty farms were appraised as follows: 4 -large hog farms, 9 -turkey farms, 7 -chicken broilE farms, and 6 -dairy farms between 150 and 400 head capacity. I am an affiliate member of the St. Cloud and Brainerd "MLS" and the Regic Seven Commercial Data Exchange. Granite City Appraisal completes appraisals in twelve central and East central Minnesota counties from Alexandria to the Wisconsin boarder, North and West of the Minneapolis/St. Paul metro. Mr. LeFebvre asked me to review his plans for his dairy expansion and to provide my input into some of the differences between the "40-120" cow tie Mali Hairy and the modern parlor/free stall barn being built on his fami_ farm. He also indicated several neigrizors rndve -L - ­L_ � placement of the "new dairy" in relationship to their residences located West of the new dairy. Differences: Between 1960's and 1970's style dairy (vs.) 1990's Dairy Farm. 1) Milk production and herd health has been better in the new 1990's "Fre Stall" open air style housing facilities. VIM 2) The milk quality and bacteria counts have improved with the new parlor technology providing consumers with higher quality milk, cheese, ice cream, and yogurt products. 3) Worker "Dairyman" health is better in the new parlor because there is not a repeated bending down to milk the cow. Many dairymen in their 401s, 50's and 60's have bad knees and hips from the continual bending to milk cows. 4) Manure pit storage or "Lagoon" storage is a much prefered way of handling livestock waste over the daily haul. The manure lagoon enables the operator to incorporate 50% of the manure directly into the soil with an irrigation "airway" tool. The automatic incorporation is a natural fertilization of the cropland and decreased the need for commercial fertilizers. The incorporation also reduces leaching and runoff into area waterways. The everyday hauling adds little to no benefit when applied on frozen fields and increases runoff potential tc wetlands and waterways. The "Lagoon" system fills from the bottom and forms a "crust" on the surface with the liquids and sledge located below. The odors are very minimal to none when crusted. In the winter months the frozen "crust" raises in the lagoon as the cow manure is loaded into the bottom daily. The lagoon will typically be cleaned either one or two times per year before crops are planted and after harvest before freeze up. The manure odor will typically last from seven to fourteen days at each cleaning. The lagoon is located South of the proposed dairy facilities and cleanout odors should move to the Southeast because of the prevailing winds and "away" from the single family housing area adjacent to the West. A security fence is installed around manure lagoons to prevent livestock or young children_ from drowning in the storage pit. 5) The trend in family farms is to better operation and financial management. Family farmers are concerned "like everyone else" about pollution, odors, spills, and the communities well being. The larger "new style" dairy units permit the owner to maximize his management abilities, produce more higher quality milk, closer to the consumer, and also provide employment opportunities to the area labor force. The subject will employ five to six full-time people on site in addition tc the local vet, feed sales, truckers, milk processors, etc. 6) The simple fact is that many of the 501s, 60's and 70's barns are worn out. The stalls, pipelines, waterlines and manure handling systems are fully depreciated generally after 20 years of service. 7) A 1977 Aerial photo of the subject is enclosed for references. This photo shows a rural Otsego Township with few rural home sites. The subject's owners "family farmers" owned and operated the farm. Rural home owners have changed building styles and utilized new technology every year since the date the LaFebvre's occupied their first dairy site. It is my judgement that the new dairy facility will not create any greater odor or physical impediment to the landscape than the existing dairy facility, but will be better for the environment and community for all of the above stated reasons. The new dairy facility will further afford educational opportunities to the rural home owners children by giving them. an opportunity to learn about animal husbandry, milk production, and the origin of the milk in their refrigerator. Issue: Valuation of Existing Dwellings if the New Facility is Built. 1) The single family residences located West of the subject are generally "first time" home owner housing. People are not all alike and likewise buyers are not all alike. Residential demand is created by many things for example - Location, community services, schools, proximity to work, affordability, building and site upkeep, traffic counts, access to major roadways, etc. Otsego Township's population has increased 9.4% between 1980 and 1990 per census data to 5,219. Otsego population has increased 3.4% since 1990 to 6,023. Based upon the above growth history, it appears the subject's rural neighborhood has had growth and therefore housing demand has been good. The new dairy facility will not adversly effect the marketability of adjacent housing. Not all rural home owners are adverse to feed lots (see examples below). 2) Two examples of feed lots with new single family residential built adjacent. One feed lot in Sherburne County and one in Benton County with new homes built within 250' to 2,000' of the Feed Lot. Comp #1 - is a confinement hog operation of 6,160 SF, farrow to finish building, 240 sow capacity, finish barn with 220 head capacity. Built in 1987 with manure pit, cleaned out two times/year. Four new homes have been constructed around the confinement hog unit since it was built. See Photos. Comp 42 - 32,000 Hen Layer Barn, "weekly manure haul" because of design. t new home was built 250' North of this poultry barn in 1995. 3 Vr a M M 44 M in Jim M M M M&) M M M In Conclusion: The LaFebvre's have always managed their farm with the cropland, livestock, enviroment and community in mind. Greg tells me he plans to landscape the new dairy facility and lagoon area. The fact is not many farmers in rural areas landscape their dairy barns and lagoons. The LaFebvre's have produced good quality milk for years. Perhaps it's time their "rural home owning neighbors" realize that it was their choice to move to the country. The farmers and cows were there when they moved in. T�rq subjectiis zoned Agricultural, not Single Family Residential. Ronald C. Vitxo9 Cert. Gene/ral--'I�eal Prop. "MN Lic. #4000345 "Granite City Appraisal" RCZ/jmz EAST EAST PART OTSEGO PART FRANKFORT T120-121 N7R.23 coU N1q N6104 E?10 N4E?10 .Qor4�nY rynp pu64., Inc �,,�)ijerburmCountp THE ELK RIVERCQO ATOMIC SHOPPER e tar DOMINANT ADVERTISING MEDIUM FOR THE ELK RIVER BUSINESS COMMUNITY Commercial Offset and Instant Printing PHONE: 441.3500 ❑ 649 MAIN STREET ❑ ELK RIVER, MINNESOTA r., w. Will.. c . 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S 3 3'! _ Y • v v$$ o + o N N o 3 Q o 0 0° 4 3 0 Z 3 3 t_= PNS S i l 0- 3 3 p +fig 3 g o' o a a' i 'a u n e o P g x 3 ! �Po. 00x0 _° 4 i' o N ° 3 a 0 0 c 3 i 3 3 °_ P 3 y 3 3 3 ^- 3 y � _ • 3� o g^!+ -- S, �'grr 3 Y$ �N • 333 •8R S� YYR � ^88 si��- <! �� 83S . z Table 2 Manure volumes and content Animal Size(lb) Total manure production Nutrient content (Ib/day) cubic Phosphorus Ib/day ft/day gal/day Nitrogen pentoxide' Potash" Dairy cattle -150 12 0.19 1.5 0.06 0.023 0.048 250 20 0.32 2.4 0.10 0.045 0.084 SQQ 41 0.66 0.20 0.082 1,000 82 1.32 9.9 0.41 0.166 0.325 1,400 115 1.85 13.9 0.57 0.232 0.458 Beef cattle 500 30 0.50 3.8 0.17 0.127 0.145 750 45 0.75 5.6 0.26 0.191 0.229 1,000 60 1.00 7.9 0.34 0.250 0.289 1,250 75 1.20 9.4 0.43 0.318 0.373 Cow 63 1.05 7.9 0.36 0.273 0.313 Swine Nursery pig 35 2.3 0.038 0.27 0.016 0.0118 0.012 Growing pig 65 4.2 0.070 0.48 0.029 0.0223 0.024 Finishing pig 150 9.8 0.16 1.13 0.068 0.050 0.054 200 13.0 0.22 1.5 0.090 0.068 0.071 Gestating sow 275 8.9 0.15 1.1 0.062 0.048 0.048 Sow and litter 375 33.0 0.54 4.0 0.230 0.173 0.181 Boar 350 11.0 0.19 1.4 0.078 0.059 0.061 Sheep 100 4.0 0.062 0.46 0.045 0.015 0.039 Poultry Layers 4 0.21 0.0035 0.027 0.0029 0.0025 0.0014 Broilers 2 0.14 0.0024 0.018 0.0024 0.00123 0.0009 Horse 1,000 45 0.75 5.63 0.27 0.105 0.205 Source: American Society of Agricultural Engineers ' Elemental P (phosphorus) = 0.44 x phosphorus pentoxide (P205) " Elemental K (potassium) = 0.83 x potash (K20) z K s` M 'a f A A a f AJFM s M A Soil TABLE 1. --TEMPERATURE AND PRECIPITATION [Recorded in the period 1951-75 at Collegeville, 14inne3ota3 A growing degree day is a unit of heat available for plant growth. It can be calculated by adding t maximum and minimum daily temperatures, dividing the sum by 2, and subtracting the temperature below which growth is minimal for the principal crops in the area (500 F). I Precipitation I Temperature I Avera years 10 will In have-- I Average 2 years will have-- in 10 I Average number of Maximum Minimum I Month IAveragelAveragelAveragel I I number oflAveragel�- growing I Less I More (days withlsnowf inchl I daily I daily Imaximumlminlmuml Itemperature I temperature) degrge I 1 than--(than--10.10 I or more I I I 1 higher I lower I days than-- _ than-- F nits n In n r F _ 9.2 I 43 -P9 0 0.95 10.31 1.45 I 3 It January ---- I 18.4 I 0.1 11 February ---1 24.8I 5.4 15.1 47 I I I 88 22 1.40 3 11 I 1 I F March ------1 35.4 i 17.0 i 26.3 62 i -17 I 10 i 1.47 I 57 12.19 4 1: April ------1 53.1 1 33.2 I 43.2 1 83 I 12 I 35 1 2.35 1 11.12 1 3.34 I 5 1 1 May -------- 67.9 1 45.5 I I 56.8 I 90 I 27 I 234 1 3.64 I 12.00 14.97 I 7 I I I June -------1 76.9 ( 55.5 1 1 66.2 1 94 I 39 I 486 4.47 I 12.42 i 6.14 8 I July -------1 81.7 1 1 60.u 71.1 I 9 . 1.u3 71 I I August -----1 79.5 I 1 58.5 II I 69.1 I 94 I 44 i 592 4 i .44 2.69 1 16.01 1 7 1 September--] 68.8 1 48.6 I 58.8 II I 88 30 271 I 2.84 11.28 4.10 I 6 October---- 58.9 I I 39.2 49.1 i 82 I 19 113 IIi 2.02 .62 3.13 i 4 I November ---I 39.3 23.8 31.6 II 65 -4 31 53 3I 111.94II December --- 25.2 I I I8.9 17.1 47 I I 22 0 .92 I .27 I 1.42 3 Year -----1 52.5 I 33.0 42.8 96 -29 2.395 28.29 23.51 ! 601 32.85 I a A growing degree day is a unit of heat available for plant growth. 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Monticello, Minnesota 55362 CONCRETE PRODUCTS READY MIX AND _ CONCRETE BLOCKSa 295-2911 or o 427.2047 (To// Free) Route 3 - Princeton, Minnesota 55371 Q L -31 1i N, w C7 Z CEQ M 0 u v; U. L C C C; Ik" ME rnp!----- CO. '�-- BLDGS.: SEC. __!`�-- TWP3Sd RANGE A� DATE: WATAB T. 37 N - R. 31 W LANGOLA TWP PIO 1 ,Ms m��ry.elsew • "» St.....t I � 3 • tso vt G.:J<e rr� na•r k l /rr?,r = Nansew • Gawule.a Iwlr.w<r,�.11 R«'� l � ZBI � , �:.ri s. r � tan se lu • Fl eyd D Wd4r ! � IJello 1t31, .,.n r.... w4t• 1 160 wIII IJ�e Z Tr"<re 1 ' ►w ► ' [Jeer• Ikw�y o. 1"'. vYJ. �# � + vk}II,. a �+�o It 1$0 ►.ynir m. • I i• �• t �, �• E•ewenn i Fvrcn t�• ' 31 • 1 83 L Is To aen I{D I 1'l0. b j 54wr1 f IW r � .Jrw IIan+ItRa to nom. s ° p'yka °s 1 CI -. �..,r. w 1... i • to [ / . P 1 wr<y� , `••sem.. 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Iw/ e1M1rJlw .%J �a4 arr �� I .dw<I H• [•rMl Ta�� Fl •• I •+� D. y adn•n w1e �� Ny»J rw t1.i 11.0 t r... ,7•s Ilo ♦4.11 ��' Irrl 33�.i fan •y 4 r t-t''»:.ii*- -i M� :••3 f.,us L�ieo, Lirf• b K N 40 r • n,Ls,s! ft J'�" i l09 4.J• �• tors.• awr r••w • Cara / Jt sl Ma •• Dp Yal•a +53.6 Lw. SAUK RAPIDS TWP PI F ri -11 Mot Of r+, • �l:�j� ei ` is i I � .= I " GRANITE CITY APPRAISAL " Areas of Specialization Agricultural Real Estate Valuation Agricultural Personal Property Valuation Agricultural Business Valuation and Cash Flow Analysis Residential Real Estate Valuation Commercial Real Estate Valuation QUALIFICATIONS - RONALD C. ZITZOW - RONALD C. ZITZOW - Certified General Real Property Appraiser, License #4000345, Owner of "Granite City Appraisal", Address: 22 1/2 Wilson Avenue NE, P.O. Box 6121, St. Cloud, MN 56302. - 23 Years of Appraisal Experience. - Bachelor of Science Degrees: University of Minnesota - Agricultural Economics, 1972 - North Dakota State University; Agriculture/Animal Science, 1970. - Senior Appraiser for the "Farm Credit System" (1978 to 1987) with over 1,000 farm appraisals completed from 1973 to 1987. - Member of "Minnesota Rural Appraisers and Farm Managers, Inc.". - President - "Federal Land Bank" of St. Cloud, Minnesota (1977 to 1986). - Vice President - "Twin City Federal Savings and Loan" Commercial and Corporate Banking Division (1987). - Senior Special Accounts Officer - "Farm Credit Services", Louisville, Kentucky; February 1, 1988 to June 1, 1988. - Vice President Special Accounts & Credit - "Farm Credit Services", St. Cloud, MN; 1986 to 1987 (21 County Region). - Review Appraiser - "Farm Credit Services", 1980 to 1986. - Senior Appraiser - "Farm Credit Services", 1977 to 1987. - FHA/HUD Panel Appraiser - Sherburne, Wright, Stearns, Todd, Morrison and Benton Counties. - USDA/FmHA Contract Appraiser - 1987 to Current. OTHER EDUCATION AND EXPERIENCE - Chairman of Appraisal Committe - "The American Society of Farm Managers and Rural Appraisers", Minnesota Chapter, 1987 and 1988. (Committee member 1989, 1990 and 1991). - Construction Superintendent - "Enviro/Master, Inc. (Custom Home and Condominium construction), Colorado Springs, Colorado; 1972 to 1973. - Designed and constructed personal residence, 1977. (Addition 1987). - "Advanced Appraisal of Rural Properties", Peoria, Illiniois, 1981 ; (36 CEU's). - "Report Writing", Des Moines, Iowa, 1983 (8 CEU's). - Presentation to the Minnesota County Assessor's, 1982. - "Professional Standards Seminar", Minneapolis, MN; August 11, 1988, (4 CEU's). - "Applied Residential Property Valuation", Society of Real Estate Appraisers, (Course 102, March 1990 - 39 CEU's). - "Professional Standards Seminar Instructor", Minnesota Chapter ASFMRA September 25, 1989, (15 CEU's). - "Advanced Financial Management & Calculating the Agricultural Value of Farm/Ranch Land", January 4, 1990 (16 CEU's). - Passed "CERTIFIED FEDERAL GENERAL" Exam on March 16, 1991. - "Office Building & Retail Building Appraisal", December 1991 (15 CEU's). - "Investment & Financial Analysis", December 1991, (15 CEU's). - "Wetland History and Acquisition, MN Land Institute, 1992(3 CEU's). - "Real Estate Expo & Conference", Las Vegas, Nevada, 1993(15 CEU's). - "University of MN Property Valuation Short Course I & 2, 1992 & 1994, (30 CEU's). .n Ronald C. Zitzow Qualifications Continued: PARTIAL LIST OF CLIENTS - Liberty Savings, Inc., First Bank, Zapp National Bank, TCF Mortgage, Citizens Savings, Stearns County National Bank, First American National Bank, - St. Cloud, MN. - Norwest Bank - Sauk Rapids, and St. Cloud, MN. - Farm Credit Services - St. Paul & St. Cloud, MN; Louisville, KY; Amery, WI; La Fayette, Ind.; River Falls, WI; Sales Division, Willmar, MN. - First State Bank - Swanville, MN. - Security State Bank - Holdingford, MN. - Total Agri/Business Services - Albany, MN. - FmHA Offices - Milaca, St. Cloud, Little Falls, Mora, Cambridge, North Branch and Buffalo, MN. - Private Individuals. - Local Attorney's - (Ex.)Gordon Hansmeier; Barrett Columbo; Paul Steil; Hugh's Law Firm; Tom Zupanc; Rodger Schmidt; Et Al. - Farmers and Merchants State Bank - Pierz, MN. - First State Bank - St. Joseph, MN. - Princeton State Bank - Princeton, MN. - Rice Sportsmens Club - Rice, MN. - FHA/HUD Affiliated Lenders. - Melrose State Bank - Melrose, MN. - Mutual of New York. - Jennie -O Foods - Koronis Mills Division. - Wollak Hardware - Rice, MN. - North Branch Fur Farm - North Branch, MN. - Jack Frost, Inc. - St. Cloud, MN. - Royalton State Bank - Royalton, MN. - Community State Bank/Peoples Bank - Princeton, MN. - Avon State Bank - Avon, MN. - Farmers State Bank - New London, MN. - First National Bank - Cold Spring, MN. - "FDIC" - Rosemont, IL. - St. Johns University - Collegeville, MN. - St. Benedict Convent - St. Joseph, MN. - St. Peter Ag Appraisal Service - St. Peter, MN. - State Bank of Kimball - Kimball and St. Augusta, MN. - Rural American Bank of Braham - Braham, MN. - Benton County Attorneys/Commissioners. DANIELS APPRAISAL COMPANY 10341 YORK LANE MINNEAPOLIS, MINNESOTA 55431 JOHN DANIELS (612) 831-0544 John & Carol Holland #95463 LaVonne & Lisa Berg October 13, 1995 Len & Theresa Sanoski In re: Conditional Use Permit-Lef-Co Farm, Inc SEC Co. Rd. 37 & Packard Avenue N.E. Otsego, Minnesota Ladies & Gentlemen: At your request I have made a study of the effects upon the neighborhood within (about) one mile from the property that is referenced above. Based upon a survey of the area, reviewing two "typical" properties across the street from the subject site, consideration of my past experience in appraising similar "cattle milking operations" in other parts of the state, and a study of the demographics of the City of Otsego relative to its past growth and its present and future potential as a part of the greater Minneapolis, St. Paul metropolitan area. The report is submitted. It contains description of the property, the proposed development under discussion, and a summary of significant factors influencing the conclusions that have been made. The Appraiser's Definition of Market Value, the Appraiser's Qualifications, and a summary of Underlying Assumptions and Contingent Conditions are also included. Information in this report was gathered from sources believed reliable, but it is not guaranteed. It has been a pleasure to serve you, and should you desire further assistance, please call at your convenience. Sincerely; J hn Danie s, GAA CMAS CCRA D niels Appraisal Company Census figures since 1960 have been considered and analyzed. Current residential property sales have been researched in the city during the last year. The present land use of the property under discussion is for agricultural land uses, ie, the growth and harvesting of crops for sale upon the open market. It has been stated that the present, and prior, families have operated this property for over 100 years. The proposed use is to construct and operate an intense milking operation for 400 cows. Auxiliary facilities will consist of a feed lot for 40 cows and a lagoon to be constructed along the southwest corner of the site for the collection and storage of residue from the livestock. The question at hand is: will the collection and storage of animal residue create a deposit that will discharge an odor that can be recognized for a considerable distance. The zoning ordinance indicates that land zoned agriculture does not require any additional permits or consideration for the purpose of growing and harvesting of crops, however, it is specific that a permit is required for any other use that requires special housing or construction for uses other than "farming" operations. The existing land uses surrounding the subject of this report include vacant and agricultural lands to the east and south. Properties to the west include several single family residences with farmlands and single family housing beyond. To the south are several single family residences with farmlands beyond. Within a one mile radius of the subject there are several existing single family residences, a dairy farm along the north side of Co. Rd. 37, and a proposed residential development to encompass 100 single family residences. This proposed project is within 1/2 mile of the proposed dairy operation. The original Otsego Township, that was incorporated in 1990, had population figures as follows: 1960 1,080 people 1970 1,546 , increase of 41.3% 1980 4,769 , increase of 212.5% 1990 5,219 , increase of 09% -1- • The demographics indicate that (about) 4,300 people, or about 84% of the total city population are 45 years or younger. The average family is 3.27 persons. During the year 1995 through September there were only 3 houses sold on the re -sale market as indicated by the Minneapolis Area Board of Realtors within the limits of Otsego. This indicates that the present population likes the city and want it to stay secure and grow into a good quality suburban community. Also, new developments will be in strong demand for the expanding population. The 1993 estimated census by the Stats Demographer for Otsego was 5,689 and the total household number was 1,754. The 1994 estimated census by the State Demographer for Otesgo was 6,023, and the total household number was 1,859. A study of these figures clearly indicates that the city is a desirable place to live and the expanding suburban residential development is continuing and will be more so if the city does not allow an in -harmonious environment within the community. -2- a The following quotes are taken from the 10th addition of the Appraisal of Real Estate textbook published by the Appraisal Institute in Chicago, Illinois. This publication is accepted as the primary "textbook" by several institutions that conduct educational courses for appraisers. They include the University of Minnesota, The University of Wisconsin, The Appraisal Institute and recommended by the Appraisal Foundation. ANTICIPATION Anticipation is the perception that value is created by the expectation of benefits to be derived in the future. CHANGE Change is the result of the cause and effect relationship among the forces that influence real property value. ENVIRONMENT Environmental considerations include factors such as the local climate, availability of groundwater, pattern of drainage, quality of air, designation in whole or in part as a federal wetland, presence of wildlife habitats, location in a floodplain or along the earthquake fault, and proximity to streams, rivers, lakes, or oceans. Air and water pollution are by-products of increased population and urbanization. Public concern over pollution has promoted political action and legislation to protect the environment. CHARACTERISTICS OF AGRICULTURAL RESOURCE LAND Environmental Controls: Cropping patterns are influenced by regulations on herbicides, insecticides, fertilizers, air and water pollution, and wildlife protection. Underground storage tanks, asbestos in farm buildings, and cattle vats are common environmental liabilities. DEPRECIATION Defined as a loss in property value from any cause. My conclusions are based upon my investigations, inspection of the area, analysis of two typical residential properties within the area, background knowledge of accelerated dairy operations throughout the state, a study of the population expansion, and research and review of influences as outlined within the appraisal industry as to environmental influences upon real property values. -3- DAC The subject of this discussion is the proposed dairy operation that will house and care for 400 cows that are within an enclosure and the surrounding land area. Included upon the subject land is to be a holding pond for the storage of cattle residue. Otsego is a newer suburban incorporated community that has recognized the need to prepare for a major change in the demographics of the city from a rural area to a new suburban community that is indicating positive signs that residential land use is going to increase. Along with this change will be the demands for uniformity of land use and restriction of land uses in order to compliment their new subdivisions. Churches, schools, parks, playgrounds, local and community shopping and other service facilities, and controlled commercial and industrial development areas. The present housing nearby and surrounding the proposed dairy operation, in my opinion, will experience a drastic reduction in the acceptability of them in the resale market. The proposed subdivision to the northwest of the subject site has been postponed until this matter is settled. I have been informed that the project probably will not go forward if the conditional use permit is issued. As indicated from the textbook of the Appraisal Institute, the Appraiser is obligated to report any environmental condition that, in the mind of the Appraiser, will have an adverse value influence upon the market value of his subject assignment. Also, articles that outline the guidelines' for FNMA sponsored mortgages require that full disclosure be made, and if the institution believes that there is an adverse value impact, the mortgage will be either greatly reduced or refused in full. (See exhibit page) In conclusion, it is my opinion that this proposed development will adversely influence the market value of any residential property within a one mile radius of the subject. This opinion is based upon my years of experience in the appraisal of a wide variety of properties, preparing and testifying in many court cases involving the effects upon value due to many types of restrictions of property rights. The reduction in value will range from at least 50% for adjacent properties to about 20% for those properties along the perimeter of the one mile radius. -4- DAC The following is offered as an addendum to my qualifications that are exhibits within this report. I have been an independent appraiser since 1960. Previously I was a real estate salesman for several years. Since 1960 I have completed over 275 hours of specialized appraisal education. This has been reviewed and accepted by the Minnesota Department of Commerce as part of the requirements for real estate licensing. As stated as exhibits in this report I have a 'Certified General Real Property' license No. 4000468 expiring 8-31-96. My appraisal qualifications have been accepted and I have testified in over 1,200 trials in district and federal courts and commission hearings relating to real property rights being acquired either in part or in whole. Testimony has been in 14 districts in Minnesota, 6 districts in North Dakota, Tulsa, Oklahoma, and Sioux Falls, South Dakota. Federal courts in Fargo, North Dakota, Knoxville, Tennessee, and Minneapolis, Minnesota. I have completed appraisal assignment in 28 states appraising many varied properties. Many of these properties were such that environmental issues were addressed or considered. Some properties involved petroleum products, chemical producing plants, and agricultural land uses. Several "feed lot" properties for the care and feeding of livestock, including cows and hogs, have been appraised. I have appraised over 8 properties involving accelerated dairy operations throughout southern Minnesota. -5- DAC APPRAISING QUALIFICATIONS OF JOHN DANIELS EDUCATION Hamline University, St. Paul, Minnesota University of Minnesota, Minneapolis, Minnesota American Institute of Real Estate Appraisers Courses I and II, University of Wisconsin, Madison, Wisconsin. Elective Courses V and VII. Society of Real Estate Appraisers, Apartment Case Study Accredited with over 275 hours of approved appraisal education for license certification by the Minnesota Department of Commerce. LICENSE Certified General Real Property License #4000468 Expiring on August 31, 1996 APPRAISAL EXPERIENCE Real estate experience since 1958. Since 1960 have been independent fee appraiser making market value estimates on all types and classes of real estate. Associated with Newcombe & Lawrence Appraisals for 12 years. Founded the Daniels Appraisal Company in 1972. Appraisal assignments have been completed in 28 states. Assignments have included formal appraisals on many parcels of real estate including residences, apartments, nursing homes, motels, service stations, commercial and office buildings, whole and parcel takings for condemn- ation, mortgages, feasibility studies, fractional interest studies, business interests, attorneys, investors, and taking authorities. MEMBERSHIP National Association of Real Estate Appraisers with the designation CCRA. Member Minneapolis Area Board of Realtors. Member National Association of Realtors with designation GAA. Certified appraiser by Minnesota Department of Revenue with the designation CMAS. Approved instructor for continuing education courses for Real Estate Agents and Appraisers at Normandale Community College, Minneapolis Community College, and Minnesota School of Real Estate. -6- DAC TESTIMONY Qualified as an expert witness in District Courts in Hennepin, Ramsey, Dakota, Washington, Anoka, Scott, Sherburne, Stearns, Nicollet, Blue Earth, Wright, Clay, Douglas and Otter Tail Counties in Minnesota. District Courts in Cass, Richland, Ward, Dickey, Ramsey, and Griggs Counties in North Dakota. District Court in Tulsa, Oklahoma. Federal District Court in Knoxville, Tennessee and Fargo, N. D. PARTIAL LIST OF COMPANIES PROVIDED WITH APPRAISALS. Mobil Oil Corporation Gulf Oil Corporation Continental Oil Company The Texas Company Phillips Petroleum Company Metropolitan Life Ins. Co. Connecticut General Life Ins. Prudential Life Ins. Co. Continental Bankers Life Ins. Country Kitchen Restaurants Taco Bell Restaurants Steak & Ale Restaurants Kentucky Fried Chicken Corp. Eastman Kodak Company United States Steel Corp. General Motors Corporation Chrysler Corporation Peavey Company Davisco Corporation Robert Williams Company University of Minnesota Signal Bank Marquette Bank Northland Mortgage Company Centrust Mortgage Company Fidelity Financial Services Citizens Mortgage Company Federal Bankruptcy Court Hennepin County Highway Dept. City of St. Louis Park City of Minneapolis Resolution Trust Corporation -7- Shell Oil Company Amoco Oil Company Union Oil Company Murphy Oil Company Hudson Oil Company New York Life Ins.Co. Co. Viking Life Ins. Co. Teachers Annuity Ins. Co. Co. Eberhardt Company Quarterback Clubs Mr.Steak Restaurants Pannekoeken Restaurants Perkins Restaurants Pako Corporation IBM Corporation Ford Motor Corporation Honeywell Inc. 3M Company Probate Courts Arcadia Corporation Norwest Banks First National Bank Federal Deposit Ins. Co. Commercial Credit Company Community Credit Company F.H.A. (Hud) Beta Mortgage Company City of St. Cloud City of Hopkins City of Bloomington City of Richfield NATIONAL ASSOCIATION OF REALTORS® Appraisal Section recognizes JOHN M DANIELS - Founding Member is a Member of the NA77ONAL ASSOCIATION OFREJlTORSVAppraisal Section, whose objective is to advance the professional development and recognition of its aparaiser members through specialized services, programs, informanon mid related products. ® t i REAL ESTATE FA De��C A t Chairman, Real Estate Appraisal Committee r[9 SrECT10N. R E A LT O FF AZOCWMCF"=W' STATE OF MINNESOTA DEPARTMENT OF COMMERCE 133 East Sevea& St - SL Pail, MN 55101 (612)296-6319 APPRAISER LICENSE CERT GENERAL REAL PROP F -=ices 813L96 30 Hrs CE due by 8131/96 30HN M DANNIA 10341 YORK LANE HLOOMNOTON, MN 55431-0000 cu -00-43 �A -v C APPRAISERS DEFINITION OF MARKET VALUE The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowldegeably, and assuming the price is not affected by undue stimulus. (1) Buyer and seller are typically motivated. (2) Both parties are well informed or well advised, and each acting in what they consider their own best interest. (3) A reasonable time is allowed for exposure in the open market. (4) Payment is made in cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary to those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparison to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustments should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. DAC UNDERLYING ASSUMPTIONS AND LIMITING CONDITIONS 1. That no survey of the property has been made by the appraisers and no responsibility is assumed in connection with such matters. Representations in this appraisal report are included only to assist the reader in visualizing the property. 2. That no responsibility is assumed for matters of a legal nature affecting title to the property nor is an opinion of the title rendered. 3. That information furnished by others is assumed to be true, correct and reliable. A reasonable effort has been made to verify such information; however, no responsibility for its accuracy is assumed by the appraisers. 4. That all mortgages, liens, encumbrances, leases, and servitudes have been disregarded unless so specified within this appraisal report. The property is appraised as though responsible ownership and competent management. 5. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render it more or less valuable. No responsibility is assumed for such conditions or for the engineering which may be required to discover them. 6. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless nonconformity has been stated, defined, and considered in this appraisal report. 7. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined, and considered in this appraisal report. 8. It is assumed that all required licenses, consent, or other legislative or administrate authority from any local, state or national governmental or private entity or organization have been or can be, obtained or renewed for any use on which the value estimate contained in his appraisal report is based. -10- DAC UNDERLYING ASSUMPTIONS AND CONTINGENT CONDITIONS (continued) ; 9. It is assumed that the utilization of the land and improvements are within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted within the appraisal report. 10. It is assumed that the proposed improvements conform to the Certificate of Occupancy as issued by the appropriate municipal agency. 11. It is assumed that rental information as furnished to the appraisers is accurate. 12. It is assumed that all of the necessary and required permits and licenses are, or will be, in full force and effect. 13. It is assumed that the forecasted income and operating expense estimates are based, in part, upon projections based upon local conditions obtained through contractors, vendors, and those usually in contact with similar income producing operations. 14. It is assumed that a final approved survey will be submitted, conforming to the sketches and estimates as represented in this appraisal report. 15. It is assumed that the estimated land area as provided by public records and the owners of the property is accurate and was utilized as the total land area throughout this appraisal report. 16. It is assumed that the building area as ascertained from the owners of the property, city records, and the architectural floor plans are accurate and was utilized throughout this appraisal report. 17. If the reader is making a fiduciary or individual investment decision and has any questions concerning the material contained in this appraisal report, it is recommended that the reader contact the undersigned. -11- DAC UNDERLYING ASSUMPTIONS AND CONTINGENT CONDITIONS (continued) r 18. Projections, as utilized in this appraisal report, are based on certain assumptions and estimates concerning future events and circumstances. Future valuation estimates may be affected by events that are beyond the control of the property. These may be local, national, or international in scope. It must be understood that actual results achieved during projection periods may vary from those indicated and the variations could be material. 19. That this appraisal report is meant to be presented in its entirety. If this report is presented in any form other than its complete form, it becomes invalid. 20. That this appraisal report represents a summary of findings of the data gathering process and the appropriate appraisal analysis. All input data would be too voluminous to include in this report. The exclusion of same does not preclude the appraisers from referring to this data at a future date. If the occasion arises, the appraisers reserve the right to refer to any of the source material used in this appraisal. 21. That, to the best of my knowledge and belief, the statements of fact contained in this appraisal report upon which the analysis, opinions, and conclusions are based, are true and correct; subject to the statement of Assumptions and Limiting Conditions herein set forth. 22. That this appraisal report sets forth.all Limiting Conditions (imposed by the terms of our assignment or by the undersigned) affecting the analysis, opinions, and conclusions expressed herein. 23. Demographic and economic projections used herein may be based in whole or in part on information obtained from outside sources. The undersigned takes no responsibility for the accuracy of this information. 24. Unless agreements have been made previously, the appraiser will not be required to give testimony or appear in court as a result of having made this appraisal with reference to the property in question. Additionally, this appraisal report was not prepared for court submission purposes. -12- DAC UNDERLYING ASSUMPTIONS AND CONTINGENT CONDITIONS (continued) 25. Possession of this appraisal report, or a copy thereof, does not carry with it the right of publication. This appraisal may not be used for any other purpose or any person other than the party to whom it is addressed without the written consent of the appraiser and, in any event, only with properly written qualifications and in its entirety. 26. The appraisers have not investigated environmental conditions and their possible significant effect on value. It is possible that either toxic or hazardous waste is present on the property. The appraisers recommend that an environmental study be undertaken. The appraised value assumes that no environmental problems are present. -13- • i -- r - � i Admk X.1 am ut dew IT. Ak�I _ "°"- % I r t ^ _ i -ma rr B- i AIEMi B-2 HOW B-3 GE34E Nam �.., ., $-W BUS* -41 GENE PtM PLAN sHof: A-1 .% zoamum Jw A- 1 NJ 1 ' -� AL aft somw CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 95-37 RESOLUTION IN SUPPORT OF ESTABLISHING A MORATORIUM ODER THAT PORTION OF THE CITY GRAPHICALLY DEPICTED ON EXHIBIT A HERETO ATTACHED FOR THE PURPOSES OF STUDIES ALREADY INITIATED REGARDING THE FEASIBILITY OF CONSTRUCTING A JOINT WASTEWATER TREATMENT PLANT SOMEWHERE WITHIN THE BOUNDARIES OF THE DESCRIBED AREA. WHEREAS, the City of Otsego, the City of Dayton, and Frankfort Township have entered into a contract with the engineering firm of Bonestroo, Rosene & Anderlik to study the feasibility of joint construction of a wastewater treatment facility to serve the three communities; and WHEREAS, all three communities are in immediate need of such a plant in order to facilitate proper and orderly development within the area and to protect the public health, safety, and welfare; and WHEREAS, severe restrictions exist on the discharge of effluent into the Mississippi River; and WHEREAS, restrictions on discharge of effluent into the Crow River are less than those affecting discharge into the Mississippi; and WHEREAS, preliminary findings have indicated that the area set forth in the attached Exhibit A is the most likely location for a facility that would serve all three of the communities involved in this joint project; and WHEREAS, the present ongoing study will likely result in designation of the described area as the location for a facility; and WHEREAS, designation of the described area as the location for such a facility will necessitate changes in the City's Comprehensive Plan and official controls; and WHEREAS, the City, or a joint powers entity, may have to purchase or otherwise obtain properties within the described area for construction of said wastewater treatment facility; and WHEREAS, the City Engineer (Hakanson Anderson Assoc.,Inc.) has preliminarily indicated that this general location will be the most viable spot for the construction of a wastewater treatment facilities; and WHEREAS, it is desirable that no major development occur in this area until such time as it is determined where within the designated area the proposed wastewater facility will be located and proper amendments can be made to the City Comprehensive Plan and local controls. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO that a Moratorium on development shall be established within the described area upon the terms and conditions set forth within the interim ordinance. ADOPTED this 23d day of October, 1995. IN FAVOR: Norman F Freske, Mayor, Council Members Ronald Black, Larry 0popggj i, Vern Heidner, and Suzanne Ackerman No One Elaine Beatty, City Clerk CIT OF OTSEGO Norman F.Freske, Mayor CITY OF OTSEGO COUNTY OF ARIGHT STATE OF MINNESOTA ORDINANCE NO. q5_.6 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING APPROVAL OF CERTAIN DEVELOPMENT REQUESTS WITHIN THAT AREA OF THE CITY OF OTSEGO GRAPHICALLY ILLUSTRATED ON EXHIBIT A. THE CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS: Section 1. Definitions. The following terms whenever used in this ordinance shall be interpreted to mean: Development: The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining excavation, landfill or land disturbance, and any use or extension of the use of land. Governmental Projects: A development undertaken by any department, commission, independent agency or instrumentality of the United States, State of Minnesota, Wright County, City of Otsego, authority, district, or other governmental unit. Section 2. Intent. It is the intent of this Interim Ordinance to allow the City of Otsego to complete a previously authorized study of the area in order to explore the possibility of this area being used as the site of a proposed joint waste water treatment facility, and to insure that during the period of time over which the study is conducted that no development occurs within the study area which may ultimately be incompatible with either the proposed use of the area or surrounding uses, or that would result in development which would not be in accord with sound planning principles. Section 3. Authority and Purpose. The City Council is empowered by Minn. Stat. 462.355, Subd. 4 to pass an interim ordinance applicable to all or a portion of its jurisdiction for the purpose of protecting the planning process and the health, safety and welfare of its citizens. Section 4. Temporary Prohibition. For one year after the effective date of this ordinance ,or until such earlier time as the Otsego City Council determines by resolution that the reasons for the moratorium no longer exist, no new development applications or lot splits shall be approved or accepted for lands lying within that area graphically described on Exhibit A, attached hereto and herein incorporated by reference. Exceptions to this ordinance shall include the following: 1. Property for which properly completed applications for development approval were filed on or before October 23, 1995. 2. Building permits associated with projects approved on or before October 23, 1995, 1995. 3. Building permits associated with governmental projects. 4. Building permits for garages or accessory buildings as allowed by current City ordinance, or minor improvements to the property. Section S. Misdemeanor. Any person, persons, firm or corporation violating any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished pursuant to Minn. Stat. 609.02, Subd. 3, or as subsequently amended,plus costs of prosecution. Section 6. Injunctive Relief. In the event of a violation of this ordinance, the City may institute appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, correct or abate such violations. Section 7. Separability. It is hereby declared to be the intention that the several provisions of this ordinance are separable in accordance with the following: If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. Section 8. Effective Date. This ordinance shall take effect from and after its passage and publication and shall remain in effect until one year after the effective date, unless a shorter period of time is approved by proper resolution of the Otsego City Council. PASSED by the City Council of the City of Otsego this 2-1 tray of 1995. IN FAVOR: Norman F Freske, Mayor, Council Members Ronald Black, Larry Fournier, Vern Heidner and Suzanne Ackerman OPPOSED: No One .ACITY OF OTSEGO Norman F. Freske, Mayor Elaine Beatty, City Clerk Posted: Otsego City Hall 10/26/95 Published: Star News of Elk River on 11/1/95 OC7-04-1995 16:07 NAC 612 595 9837 P.02i02 i109v3V SJNIIM m Nn8N1rN 9NINNVN Ndloomya aNMSNYM wlinrr C. NMINlvd Z auaiavn f- mN7va O U- mIno LL. A7lolno 30wHino CN73no ayno ►rvno 3n3alryvno 3'lvno ,wavno NOSWYd NSivuld EXHIBIT TOTAL P.02 City of Otsego Engineer's Agenda Items City Council Meeting October 23, 1995 8.1 Improvement Project 94-2 CSAH37 and Odean Avenue; Consider approval of Partial Payment Estimate #3, Buffalo Bituminous in the amount of $21,567.38. 8.2 Any Other Engineering Business; NOTE: Next Council Meeting we hope to address the following items: 1. M.S.A. Screening Committee Report. 2. Well issues relating to correspondence with School District. 3. Consideration of creating a storm sewer taxing district in the Northwest watershed. 4. Preliminary design report on Isle View Estates project. agenda 10.23 Item 8 PAY ESTIMATE 3 Buffalo Bituminous Inc. PO Box 337 Buffalo, MN 55313 RE: PUBLIC IMPROVEMENT PROJECT NO 94-2 NE 70TH STREET (CSAR 37) & ODEAN AVENUE (MSAP 217-105-01, MSAP 217-020-02, SAP 86-637-22) BID AMOUNT: $307,979.25 AWARD DATE: May 23, 1995 COMPLETION DATE: September 2, 1995 BUFFALO BITUMINOUS, INC. BID SCHEDULE "A" - CITY OF OTSEGO PUBLIC IMPROVEMENT PROJECT N0. 94-2 Estimated Contract Used Item No. Description Quantity Unit Price Amount To Date Extension --------------------------------------------------------------------------------------------------------------------------- 2021.501 Mobilization 1 Lump Sum $1,000.00 LS $1,000.00 1 LS $1,000.00 2104.501 Clearing 33 Tree 35.00 TR 1155.00 37 TR 1295.00 2101.507 Grubbing 33 Tree 35.00 TR 1155.00 37 TR 1295.00 2104.501 Remove pipe culverts 188 Lin. Ft. 4.00 LF 752.00 210 LF 840.00 2104.501 Remove fence (Wire) 90 Lin. Ft. 3.00 LF 270.00 225 LF 675.00 2104.501 Remove fence (Wood) 100 Lin. Ft. 3.00 LF 300.00 100 LF 300.00 2104.505 Remove bituminous pavement 8150 Sq. Yd. 1.00 SY 8150.00 8447 SY 8447.00 2104.505 Remove concrete slab 155 Sq. Yd. 1.00 SY 155.00 155 SY 155.00 2104.509 Remove sign 27 Each 8.50 EA 229.50 27 EA 229.50 2104.509 Remove timber cattle pass 70 Lin. Ft. 15.00 LF 1050.00 70 LF 1050.00 2104.513 Sawing bituminous pavement 74 Lin. Ft. 2.00 LF 148.00 96 LF 192.00 2104.521 Salvage fence 135 Lin. Ft. 5.00 LF 675.00 0 LF 0.00 - 901 Common excavation 34537 Cu. Yd. 1.80 CY 62166.60 34537 CY 62166.60 03 Motor Grader (60th St. maint.) 60 Hour 60.00 HR 3600.00 8.5 HR 510.00 301 Water (60th St. maint.) 60 M Gal 15.00 GAL 900.00 117 GAL 1755.00 2211.501 Aggregate base class 5 6886 Ton 6.00 T 41316.00 5603.3 T 33619.80 2211.501 Agg. base c15 (60th St. maint.) 1295 Cu. Yd. 7.00 CY 9065.00 816 CY 5712.00 0331.601 2" bit. wearing course (driveways) 787 Sq. Yd. 4.50 SY 3541.50 591 SY 2659.50 2340.508 Type 41 wearing course mixture 1482 Ton 23.50 T 34827.00 1473.1 T 34616.68 2340.514 Type 31 base course mixture 1977 Ton 20.50 T 40528.50 1838.6 T 37691.10 2357.502 Bituminous material for tack coat 919 Gallon 1.00 GAL 919.00 700 GAL 700.00 0412.602 Relocate mailbox 4 Each 60.00 EA 240.00 5 EA 300.00 2501.511 15" RC pipe culvert class V 208 Lin. Ft. 26.00 LF 5408.00 160 LF 4160.00 2501.511 18" RC pipe culvert class V 140 Lin. FT. 28.00 LF 3920.00 132 LF 3696.00 2501.515 15" RC pipe apron 10 Each 280.00 EA 2800.00 8 EA 2240.00 2501.515 18" RC pipe apron 4 Each 315.00 EA 1260.00 4 EA 1260.00 2503.511 15" RC pipe sewer class III 567 Lin. Ft. 22.00 LF 12474.00 616.7 LF 13567.40 2503.573 Install conc. apron storm (15") 2 Each 280.00 EA 560.00 2 EA 560.00 2506.508 Construct manhole storm 3 Each 1300.00 EA 3900.00 3 EA 3900.00 2506.509 Construct catchbasin storm 3 Each 1000.00 EA 3000.00 3 EA 3000.00 2511.501 Random riprap cl III w/ geo. fab. 36 Cu. Yd. 40.00 CY 1440.00 36 CY 1440.00 2531.501 Conc. curb and gutter design 8618 1450 Lin. Ft. 5.20 LF 7540.00 1454.5 LF 7563.40 2531.501 Conc. curb and gutter design 0418 1264 Lin. Ft. 5.25 LF 6636.00 1259 LF 6609.75 2531.507 6" concrete driveway pavement 33 Sq. Yd. 26.00 SY 858.00 43.7 SY 1136.20 0557.603 Wood fence 6' high 254 Lin. Ft. 47.50 LF 12065.00 270 LF 12825.00 0563.601 Traffic Control 1 Lump Sum 3000.00 LS 3000.00 1 LS 3000.00 0564.602 4" broken line yellow - tape 864 Lin. Ft. 0.25 LF 216.00 0 LF 0.00 0564.602 F & I sign panel (stop) 2 Each 165.00 EA 330.00 2 EA 330.00 0564.602 F & I sign panel (stop ahead) 2 Each 165.00 EA 330.00 2 EA 330.00 0564.602 F & I sign panel (winding road) 2 Each 115.00 EA 230.00 2 EA 230.00 0564.602 F & I sign panel (advisory speed) 2 Each 42.00 EA 84.00 2 EA 84.00 0564.602 F & I sign panel (cross road) 2 Each 115.00 EA 230.00 2 EA 230.00 0564.602 F & I sign panel (dead end) 1 Each 115.00 EA 115.00 1 EA 115.00 0564.602 F & I sign panel (two way traffic) 2 Each 115.00 EA 230.00 2 EA 230.00 0564.602 F & I sign panel (hidden driveway) 1 Each 115.00 EA 115.00 1 EA 115.00 0564.602 F & I sign panel (pavement ends) 1 Each 115.00 EA 115.00 1 EA 115.00 05- 602 F & I street name sign 1 Each 165.00 EA 165.00 0 EA 0.00 02 Pavement mess. (left arrow) paint 2 Each 20.00 EA 40.00 2 EA 40.00 02 Pavement mess. (right arrow) Paint 2 Each 20.00 EA 40.00 2 EA 40.00 0!3- 602 Pavement mess. (only) paint 4 Each 40.00 EA 160.00 4 EA 160.00 0564.603 24" stop line white - paint 30 Lin. Ft. 1.25 LF 37.50 38 LF 47.50 0564.603 24" solid line yellow - paint 368 Lin. Ft. 0.80 LF 294.40 547 LF 437.60 0564.603 4" solid line white - paint 6680 Lin. Ft. 0.15 LF 1002.00 6215 LF 932.25 0564.603 4" double solid line yellow - paint 4165 Lin. Ft. 0.30 LF 1249.50 2501 LF 750.30 0565.602 Furnish and install street light 2 Each 0.00 EA 0.00 0 EA 0.00 0565.603 2" PVC Conduit 307 LF 5.00 LF 1535.00 307 LF 1535.00 2573.501 Bale check 160 Each 6.00 EA 960.00 35 EA 210.00 2573.503 Silt fence, preassembled 7190 Lin. Ft. 1.65 LF 11863.50 5136 LF 8556.?0 APPROVALS CONTRACTOR: Certification by Contract: I certify that all items and amounts shown are correct for the work completed to date. BUFFALO BITUMINOUS INC. Signed: Title: ENGINEER: HAKANSON ANDERSON ASSOCIATES INC. Signed: Title: OTHER: CITY OF OTSEGO Signed: Title: OT323PE3.wk3 Date: Date: Date: Estimated Contract Used Item No. Description Quantity Unit Price Amount -- -- To Date Extension ---------------------------------------------------------------------------------- 2575 501 Seeding 3.41 Acre 100.00 AC 341.00 3.5 AC $350.00 2575.502 Seed Mixture 800 170.5 Pound 3.00 LB 511.50 200 LB 600.00 2575.505 Sodding, type lawn 5265 Sq. Yd. 1.50 SY 7897.50 6312 SY 9468.00 2575.511 Mulch material type 1 6.80 Ton 150.00 T 1020.00 7.9 T 1185.00 2575.519 Disc anchoring 3.41 Acre 25.00 AC 85.25 3.5 AC 87.50 2575.523 Wood fiber blanket type regular 1100 Sq. Yd. 1.00 SY 1100.00 1835 SY 1835.00 2575.531 Commercial fertilizer, 20-10-10 0.86 Ton 300.00 T 258.00 ------------ 1 T 300.00 ------------ TOTAL BID S01EDULE "A" - Total work completed to date $307,979.25 $288,866.98 Original Work Contract Completed Schedule A ------------ $307,979.25 ------------ $288,866.98 SUMMARY 4,443.35 Less 5% Retainage: 1444,158.6 Less Pay Estimate #1 Less Pay Estimate #2 -108,697.644 TOTAL ESTIMATED AMOUNT DUE TO CONTRACTOR: $307,979.25 $21,567.38 WE RECOMMEND PARTIAL PAYMENT OF: $21,567.38 APPROVALS CONTRACTOR: Certification by Contract: I certify that all items and amounts shown are correct for the work completed to date. BUFFALO BITUMINOUS INC. Signed: Title: ENGINEER: HAKANSON ANDERSON ASSOCIATES INC. Signed: Title: OTHER: CITY OF OTSEGO Signed: Title: OT323PE3.wk3 Date: Date: Date: Claims List for Approval For the period 10/10/95 to 10/19/95 TO WHOM PAID � ROBERT_HII I FRFN FOR WHAT PURPOSE RFFIIN[1 FSC'RAW RAI ANCF DATE 10/1O/9r+ CLAIM NUMBER 10'16 TOT CLA _5.00 MARGARET CIELINSKI REFUND DAMAGE DEPOSIT 10/10/95 1037 400 MN STATE TREASURER SURCHARGE PAYABLE -3RD QUARTER 10/10/95 1038 780 j_ _RI.\iTF A_HnMFS RFFt1NO FSCROW nFPOSTT 10110/95 1039 _1.000 I ICMA RETIREMENT TRUST DEFERRED COMP -PAY PERIOD 10/7/95 10/10/95 1040 300 PUBLIC EMPLOYEES RETIREMENT FUND MONTHLY & PAY PERIOD END 10/7/95 10/10/95 1041 827 STATE CAPITAL CREDIT UNION DEDUCTIONS PAYABLE - 10/7/95 10/10/95 1042 100 BANK OF- ELK RIVER FFD WTTH,SS,MFO-MQNTHI Y X 10/7/95 _10/10/95 1(n) ______695 COMPUTABILITY CONSUMER ELECTRONICS TONER CARTRIDGE -NEC 10/18/95 1044 181 - TARGET STARES nnRCLSTANn X RATTFRTFS 10/1R/95 1Ods 1h !LUND TRANSPORTATION BUS TRIP -SITE INSPECTION-GLENWOOD 10/18/95 1046 378 'ORDABLE SANITATION TOILET RENTAL, 10/18/95 1047 106 . ---WM RATI-LARGPON- ZAS 1n/18/95 10AR 9 ANOKA RAMSEY FARM & GARDEN STRAW MULCH 10/18/95 1049 2,236 i BRAUN INTERTEC TESTING SERVICE -37TH & ODEAN 10/18/95 1050 579 _ 00 LAKE SANITATION SERVICE RErvr' TNG FOR SFRTFMRFR 10/1A/QS 1051 '321 I BIG LAKE BODY SHOP PAINT OF SIREN 10/18/95 1052 94 BOISE CASCADE OFFICE PRODUCTS OFFICE SUPPLIES' 10/18/95 1053 365 CQ MIINTTY RECREATION CITY SWARF ENTERTAINMENT IN PARK 10/18/95 101.5.4 •i OTSEGO LIONS FILM 10/18/95 1055 11 i COMPONENT TECHNOLOGY INC REPAIR PTO -FRONT MOUNT 10/18/95 1056 210 - CORROt+.TRUCKING SERTFMRFR Yf 1 TNG 1 0/1 8/95 1 057 1 142 EAST TONKA SANITATION SEPTEMBER RECYCLING 10/18/95 1058 293 i ELK RIVER FLORAL FLORAL ARRANGEMENT FOR LARRY K 10/18/95 1059 19 --G--&--K-T9 T 10/18/95 106.1 --.--306 HAKANSON ANDERSON ASSOC INC SEPTEMBER ENGINEERING 10/18/95 1062 5,379 1 1AC QUIE RnrNI T NFLISI FTTFR Claims List for Approval 1066 325 For the period 10/10/95 to 10/19/95 10/18/95 1067 26 ST JOSEPHS EQUIPMENT INC TO WHOM PAID 10/18/95 FOR WHAT PURPOSE DATE CLAIM NUMBER TOTE CLA: HAI I MINNESOTA MUTUAL NOVEMBER LIFE AND SHORT TERM DISAB 10/18/95 1063 117 i' NAPA OF ELK RIVER INC FITTINGS,TUBING,SEAL,FILTERS,VBELT 10/18/95 1064 129 1071 NORTHWEST ASSOCIATED CONSULTANTS SEPTEMBER PLANNING 10/18/95 1065 4,612 1 1AC QUIE RnrNI T NFLISI FTTFR 1 O/1 f3/95 1066 325 STAFF TIRE & RETREND TIRE REPAIR 10/18/95 1067 26 ST JOSEPHS EQUIPMENT INC PARTS 10/18/95 1068 667 HAI I n/las/gn 1 OA9 7b INCI jj(�LSMTTFn FI-EGTRTf N G WEBER OIL COMPANY RFPATR4 (1 -TTY FUEL OIL, GREASE,GAS & OIL 10/18/95 1070 893 IjH WRIGHT COUNTY RECORDER RECORDING FEES 10/18/95 1071 39 7T;rr�l PP -LNJC-- �_- TRAUT WELLS PARTS REPLACEMENT OF WELL MOTOR 10/18/95 1073 4,352 ECONOMIC DEVELOPMENT PARTNERSHIP ASSOCIATE MEMBERSHIP FOR 1995 10/18/95 1074 50 FEHN GRAVEI R EXCAVATING INC OTTf H C' EANTNG, � Q/1Q�QS _1(160—_-2,OL i_ DENNIS-. + Fno M -NTH TOTAL YEAR TO DATE 597'2 -�7y2nivull— - -1-- w� ------ YAA vV -4, . 0 ,r.) U' 1995-96 SKATING ANNK EXPANSION An Equal Opportunity Employer STATE OF MINNESOTA MUNICIPAL BOARD 475 McColl Building 366 Jackson Street (5th & Jackson) St. Paul, Minnesota 551 01-1 925 TO: Interested Parti FROM: Starlene J. HolmaP, Office Services DATE: October 19, 1995 SUBJECT: D-311 Otsego/A-5384 Albertville D-312 Otsego/A-5402 Albertville Phone: (612) 296-2428 Fax: (612) 296-9926 Twin Cities TDD: (612) 297-5353 Greater MN TDD: 1-800-627-3529 For your information, the Minnesota Municipal Board will hold a deliberation meeting regarding the above -entitled proceedings on Thursday, November 9, 1995 at 9:30 a.m. in the Municipal Board Office, Suite 475, McColl Building, 366 Jackson Street, Saint Paul, Minnesota. You are welcome to come in and listen to any meetings or conference calls that may occur because of these proceedings. If you wish to attend any of these, you must come to the Municipal Board Office in Saint Paul. For special accommodations, please contact the Minnesota Municipal Board, 475 McColl Building, 366 Jackson Street, St. Paul, Minnesota 55101-1925 (612) 296-2428; Twin Cities TDD (612) 297-5353; or Greater Minnesota TDD 1-800-627-3529. sjh CITY OF OTSEGO SPECIAL COUNCIL MEETING OCTOBER 12, 1995 - 6:30PM The Special Meeting was called to order by Norman F Freske, Mayor at 6:30PM Roll Call: Norman F Freske, Mayor, Ron Black, Larry Fournier, Vern Heidner and Suzanne Ackerman, Council Members were present as was Elaine Beatty, City Clerk/Zoning Administrator and Charmaine Barranco, Reporter for the Star News. The Mayor and Council reviewed a letter addressed to the City of Albermille regarding the border issues for Albertville/Otsego. C.M. Black motioned to have the City of Otsego respond to the City of Albertville with the purpose of the response being the letter as drafted. Suzanne Ackerman seconded the motion. Motion carried unanimously. Ron Black noted that the proposals are something that we can live with. It was noted by Mayor Freske that he had a call from Joy Swenson and there is a Heritage Day scheduled for Sunday, October 22, 1995 and the Mayor and Council are invited. It was noted that the Met. Council will be spreading the rite stuff mixed with their mixture on the Doug Lindenfelser farm on October 17, 1995 and the Mayor and Council is invited to attend the test site application. Vern Heidner motioned to adjourn the meeting. Ron Black seconded the motion. Motion carried unanimously. CITY OF OTSEGO: Norman F Freske, Mayor ATTEST: Elaine Beatty, City Clerk/Zoning Adm. (City Seal) CITY OF OTSEGO SPECIAL COUNCIL MEETING REGARDING CITY OPERATIONS OCTOBER 30, 1995 - 6:30PM 1 Mayor Norman F Freske will call meeting to order Mayor Freske called the meeting to order at 6:30PM ROLL CALL: Norman F Freske, Mayor, Council Members Larry Fournier, Ronald- Black, onaldBlack, Vern Heidner and Suzanne Ackerman were present. Elaine Beatty, City Clerk/Zoning Administrator, Phyllis Boedigheimer, Business and Finance Director, Judy Hudson, Deputy Clerk and Carol Olson, Clerk/Secretary were also present. 2 Discussion of City Operations - Organization: Elaine Beatty read a memo to the City Council regarding her work experience and asked the City Council for their support regarding daily operations of the City and supporting the City Clerk as the one in charge. She also presented a schedule of when and how the reorgizination would be done. The Council supported the schedule. Ron Black explained the Administration Staff Meeting of October 25, 1995 at 3:30PM and we had reviewed Job Descriptions, but need more time to complete them. He also explained that the Administrative Staff was asked to determine if we wanted to hire a consultant to help with the reorganization of the City or do it in house. The City Staff has determined it should be done in house. There seemed to be a Council consensus on this. The City Staff will do a study and make a recommendation to the City Council as to the City organization makeup. After this is brought to the November 13, 1995 Council Meeting, the Job Descriptions will be defined and the regular City Operations will be more defined in house. Elaine Beatty discussed a Management Seminar at Anoka Ramsey. It is a 5 day seminar over a few months -1/2 day at a time in the AM at a cost of $195.00. She would like the Council to approve her attendance of this conference. CITY OF OTSEGO SPECIAL MEETING REGARDING CITY OPERATION OF OCTOBER 30, 1995 AT 6:30PM - PAGE 2 - Jobs and pay equity were discussed and the fact that the City is in compliance now and needs to refile by January 31, 1998. We do have some time to reorganize the job descriptions. Discussion of the professional staff, their contracts and who authorizes when we use them. Ron Black brought up that he likes the way we currently are contracting with our professional staff. Some organizations try to save money on professional services and end up paying for it. Policy needs to be clarified. Ron Black and the Finance Director are working with the City Attorney to negotiate a contract directly with him. (Details were discussed) There was discussion of the Township/City and how we are evolving and need to reorganize and have written, set policies. Discussion of employee evaluations and a policy on same. Staff will research and recommend a policy to the City Council. A change in the Budget Workshop from November 16th at 6:30PM to November 15, 1995 at 6:30PM, (prior to the Planning Commission Meeting ) at the request of the Finance Director due to a conflict of schedule. This will be on the Nov. 13, 1995 Council Meeting. Discussion was had on City Policy regarding the City Hall rental to political parties. Larry Fournier motioned to adjourn. Ron Black seconded the motion. Motion carried unanimously. NORMAN F FRESKE, MAYOR ATTEST: ELAINE BEATTY, CITY CLERK (CITY SEAL)