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09-25-97 CC
CITY OF OTSEGO REQUEST FOR COUNCIL ACTION II AGENDA SECTION: DEPARTMENT: MEETING DATE II 14. OPEN FORUM: Elaine Beatty, City Clerk 9/25/97 - 6:30PM 14.1. SPECIAL PRESENTATION I ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC a. Leo Offerman, Wright Hennepin Lighting Program (Additional Information) BACKGROUND: The Council has been talking with Leo Offerman, Wright Hennepin Electric Re: Lighting Program for the City of Otsego. He was asked to get more information and did not appear at the last Council Meeting. I called him and he said he now has further information for the Council. Vern Heidner was to work with him in getting a program that was satisfactory to the City Council. I told him CM Heidner would be back from vacation on Tuesday, September 23, 1997. He will call him and discuss the new information he has. I am waiting for a copy of the document for this Agenda packet. If I don't receive it before 6PM 9/22/97 I will copy it to you when I receive it in the Mail. Leo Offerman will explain it to the Council. RECOMMENDATION: This is for Council information and decision. Thanks �b Elaine BOARD DIRECTORS • Alvin E. Heinz, President Rogers, SIN • Chris A. Lantto, Vice President Annandale, MN Dale F. Jans, Secretary -Treasurer uffalo, ,',IN Cmothy L. Young, Annandale, MN City Of Otsego 8899 Nashua Ave. NE Otsego, MN 55330-7314 Wright -Hennepin Cooperative Electric Association PO Box 330 • Roddord MN 55373-0330 Metro • (612) 477-3000 Toll Free • 1-800-943-2667 24 -Hour Fax • (612) 477-3054 Honorable Mayor and Council Members: • Butch A. Lindenfelser, Monticello, MN • Howard L. Ellis, Buffalo, MN • Thomas B. Mach, Maple Grove, MN • Sandra M. Hunz, Maple Plain, MN • Donald A. Lucas, Maple Graze, XLN GENERAL MANAGER • Mark F. Vogt, Annandale, MN o �c� r„E. 111 _ _ � , 31 YES 91' Wright Hennepin Cooperative Electric Association proposes the following revision to the commercial 'lighting retrofit financing presented to council previously: Wright Hennepin Cooperative Electric Association will provide an interest free (0%) loan to the City of Otsego for the period of two (2) years for the total amount of $6304.34. as quoted in the lighting retrofit proposal from Budget Lighting Inc. Repayment of the loan will be divided among 24 monthly payments to begin within 30 days after completion of the work. This proposal accelerates the repayment time from over eight years to just two, but is interest free with 0% down. The monthly electrical savings will not exceed the repayment amount during the duration of the loan, however you will receive full benefit of the electrical savings once the loan is repaid in just two years. I hope that this information will be satisfactory for you, I encourage you to proceed with this project at your earliest convenience. Sin ely Leo Offe a Key Account Executive THE POWER OF CHOICE Cooperative Electric Association FILING CODE: BI PO Box 330 ■ Rockford ■ MN 55373- CIN NO.: 01011269 ' II Free 1-800-943-2667 all WA Metro 477-3000 ockford 612-963-3131 ACCOUNT NO.: 050501915300 CONSUMER CREDIT DISCLOSURE FORM AND NOTE Rockford, Minnesota (City) (State) September 18, 1997 The borrower(s) whose signature(s) is/are affixed below acknowledge(s) by such signature(s) that prior to completion of the promissory note, the following statement was furnished: 1. AMOUNT FINANCED s 6304.31 2. FINANCE CHARGES $ 3. TOTAL OF PAYMENTS $ 24 4. ANNUAL PERCENTAGE RATE 0% The borrower(s) further acknowledge(s) receipt of a true copy of the Disclosure Form and Note identifying the amount of payments, the repayment terms, the late charges payable in the event of delinquency, and any description of the security interest taken as collateral to secure this loan. PROMISSORY NOTE Rockford, Minnesota (City) (State) September 18, 1997 For value received, undersigned maker(s), jointly and severally, promise to pay to the order of Wright -Hennepin Cooperative Electric Association at the above place $24 in 23 consecutive monthly payments of $262.67 and final payment number 24 totaling $262.90 , each beginning one month from the date hereof and thereafter on the same date of each subsequent month until paid in full. Any unpaid balance may be paid, at any time, without penalty and any unearned finance charge will be refunded. In the event of any default in payments: 1 . The holder may exercise an option to declare the entire balance due and payable. 2. Each party to this note severally waives presentment for payment, demand, protest and notice of protest, and dishonor of this note. 3. Each party to this note agrees to pay collections costs and attorney's fees in an amount equal to 15 percent of the unpaid balance, but not less than $10. 4. Any installment not paid prior to the 1s' of each month (if you live in the western portion of the service territory) or 1 51h of each month (if you live in the eastern portion of the service territory), shall be subject to a late charge of 1 .5 percent of the unpaid balance. 5. Balance of the loan is due upon termination of electric service or upon sale of property. PRINT NAME & FULL ADDRESS OF " WAKER(S), CO-MAKER(S) City of Otsego 8899 Nashua Ave. NE Elk River, MN 55330-7314 X X SIGNATURES OF MAKER(S), CO-MAKERS(S) tx -:fix SIGN PROMISSORY NO1E,-;,r-- & RETURN TO WRIGHT-HENNEPIN ELECTRIC �;' ,.WJJWRIGHT-HENNEPIN FILING CODE: BI Cooperative Electric Association PO Box 330 ■Rockford ■ MN 55373-0330 CIN NO.: 01011269 Toll Free 1-800-943-2667 Metro 477-3000 ACCOUNT NO.: 050501915300 Rockford 612-963-3131 CONSUMER CREDIT DISCLOSURE FORM AND NOTE Rockford, Minnesota (City) (State) September 18, 1997 The borrower(s) whose signature(s) is/are affixed below acknowledge(s) by such signature(s) that prior to completion of the promissory note, the following statement was furnished: 1. AMOUNT FINANCED $ 6304.31 2. FINANCE CHARGES $ 3. TOTAL OF PAYMENTS $ 24 4. ANNUAL PERCENTAGE RATE 0% The borrower(s) further acknowledge(s) receipt of a true copy of the Disclosure Form and Note identifying the amount of payments, the repayment terms, the late charges payable in the event of delinquency, and any description of the security interest taken as collateral to secure this loan. PROMISSORY NOTE Rockford, Minnesota (City) (State) September 18, 1997 For value received, undersigned maker(s), jointly and severally, promise to pay to the order of Wright -Hennepin Cooperative Electric Association at the above place $24 in 23 consecutive monthly payments of $262.67 and final payment number 24 totaling $262.90 , each beginning one month from the date hereof and thereafter on the same date of each subsequent month until paid in full. Any unpaid balance may be paid, at any time, without penalty and any unearned finance charge will be refunded. In the event of any default in payments: 1. The holder may exercise an option to declare the entire balance due and payable. 2. Each party to this note severally waives presentment for payment, demand, protest and notice of protest, and dishonor of this note. .3. Each party to this note agrees to pay collections costs and attorney's fees in an amount equal to 15 percent of the unpaid balance, but not less than $10. 4. Any installment not paid prior to the 1" of each month (if you live in the western portion of the service territory) or 15 1h of each month (if you live in the eastern portion of the service territory), shall be subject to a late charge of 1 .5 percent of the unpaid balance. 5. Balance of the loan is due upon termination of electric service or upon sale of property. T,.NAME & FULL ADDRESS OF MAKER(S), CO -MAKERS) City of Otsego 8899 Nashua Ave. NE Elk River, MN 55330-7314 X X SIGNATURES OF MAKER(S), CO-MAKERS(S) MEMBER COPY RETAIN FOR YOUR RECORDS CITY OF OTSEGO REQ UES'I' FUK U0 U N UIL A(- I Wiv AGENDA SECTION: DEPARTMENT: MEETING DATE 4. OPEN FORUM: Elaine Beatty, City Clerk 9/25/97 - 6:35M 114.1. SPECIAL PRESENTATION ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB, CC b. Gary Groen - Present August Financial Statements for the City BACKGROUND: Attached is the information for August Financial Statements. Gary Groen will be at the Meeting to explain further to the Council. RECOMMENDATION: This is for Council information. Thanks Elaine CITY OF OTSEGO INVESTMENT SCHEDULE YEAR ENDED DECEMBER 31, 1997 Investment Purchase Maturity Balance 1997 1997 Balance Type Date Date 12/31/96 Purchases Sales 8/31/97 Lasalle CD 7/14/95 12/2/02 $ 22,176.00 FHMA 7/14/95 12/10/98 98,750.56 MBNA -CD 7/18/95 5/10/99 51,274.17 FNMA 7/18/95 3/10/97 50,932.95 FNMA 7/19/95 4/13/98 78,572.81 CD 7/24/95 1/24/97 50,000.00 FNMA 8/2/95 2/18/97 49,855.00 FNMA 12/27/95 8/12/98 51,171.88 FNMA 7/10/96 5/21/99 50,291.34 FHLM 7/19/96 7/9/98 25,080.21 FHLB 7/25/96 3/5/01 29,885.87 FHLB 10/8/96 3/6/01 59,641.99 CD -Bk of ER 12/31/96 12/31/97 100,000.00 FNMA 3/25/97 11/10/05 65,330.59 CD -Bk of ER 12/31/96 12/31/97 100,000.00 CD -Bk of ER 12/31/96 12/31/97 200,000.00 CD -Bk of ER 7/15/97 7/15/98 100,000.00 CD -Bk of ER 7/16/97 7/16/98 100,000.00 CD -Bk of ER 7/17/97 7/17/98 100,000.00 Marquette Bank 7/9/97 9/7/97 100,000.00 Marquette Bank 7/9/97 10/7/97 100,000.00 100,000.00 100, 000.00 $ 22,176.00 98,750.56 51,274.17 50,932.95 78,572.81 49,855.00 51,171.88 50,291.34 25,080.21 29,885.87 59,641.99 65,330.59 200, 000.00 100, 000.00 100,000.00 100, 000.00 100, 000.00 100.000.00 Totals $1,017,632.78 $ 565,330.59 $ 250,000.00 1,332,963.37 PLUS SMITH BARNEY FUNDS 10,389.00 TOTAL $1,343,352.37 August Cash and Investments consistsof: Checking $ 1,888.49 Money Market Savings 20,964.94 Investments as scheduled above 1,343,352.37 Total $1,366,205.80 Page 1 MUNICIPAL OF CITY OF OTSEGO For the Period 08/01/97 to: 08/31797 BEGINNING TOTAL TOTAL ENDING NAME OF FUND BALANCE RECEIPTS DISBURSEMENTS BALANCE ROAD & BRIDGE FUND 0.00 77 0.00 0.00 0.0 FIRE FUND'' FUND 22,1116.61S 0.00 4,846.51, 17,270.1 6,849.13 0.00 0.00 6,849.1 INSURANCE RESERVE FUND SECURITY DEPOSITS FUND 0.00 __0..00 _ _ __ ___._-__-__0.00 ^0.0 - ' -� ApfTPL_ �; L 30 0 011) 1i�.GO 2.� 201, 31 DEBT 'S E7 FUND D. _ , 0.00 0.00 0-0 PACKARD AVE CONSTRUCTION FUND MSA CONSTRUCTION FUND 139,602.12 0.00 0.00 139,602.1 WATERSHED PROJECT FUND FUND 52,854.61 0.00 0.00 eel- 52,854.E ISLAND VIEW PROJECT 9.S-01 FUND93,629.62 0,Qo 0.00 93,629.6 MISSISSIPPI SHORES FUND 0 .0�1 0 .00 0'. 00 0.0 �!ICIPAL WELL FUND 7 26,584.30 , G 0.00 32.04 L , .., i - 26,552.2 DEVELOPMENT ESCROW FUND 16,820.77 300.00 14,055.03 3,065.% BdftDEF:tt TOTAL $1 :,447,158 _05 Y 19,743.0- 2 100 ,695 .27 1 , 366 ,205 :8 INTERIM FINANCIAL REPORT AS. OF 08/31/97 14 10 ; 004 00 GENERAL FUND 24 ,183 .48 37 INTE€{EST EARNINGS 0 00 3,258 .33 - 3258 .33 38 DONATIONS 4 030 .00 e 7,100-00 8 , 285 .02 1,18S.02 Favorable FRANCHISE FEES600.00 'Actual 1'65.50 ( 434 .50) Buset OTHER/MISCELL C Elnfavorable 1< 3,346.93 8 ,3,00.0..00.-2,545.00 ( 455.00). 43 CLEAN{ UP DA'c`,, _ 0.00 .' 0 1,837.70 1,837.70 4 840 .00 DG PERMIT SURCHG PAYABL .00 0.00 277.44 277.44 389 , 574 .2b ) - 46 Total ;avenues LES TAX PAYABLE n(� 47 n E E3m TAXES 122,758.00408,928_19 4 25'_00t^ 313,829.81)OPERTY ( 2,375_00SINESS 0.00 49 SALE OF INVESTMENTS LICENSES/PER[ lITS 7 ,000.00 , TRANSFERS FROM OTHER FUNDS € r..f< c' 1 0t� 000 50,000.00 42,622.28 ( 7,377.72) 'g BUILDING PERMITS 2,750.00 4,115.00 1,355.00 " SEPTIC SYSTEM PERMITS 4 0 ck . cf cF�, 700.00 � C P, g WEIGHT PERMITS 2 1 STATE GRANTS & AIDS At GO zHO _5_EAD ^.1 E DIT DISASTER AID IA Tn SO -00 90 .00 0.04 13 , 352 _82 13 352 82 } } �3(�5 ©f k -54 987 0 140,276.00 73,427-00 ( SS , 849 .00 ) S , 89S . 00 0.00 ( 6,896-00) _ n n a c, ) I 8 , 000 .00 'ts pOLICE AID 000.00 12fi MSH MAINi ENf+NE,E /� , Hr4���c ,..n'FZ 1rE'E�; NrR �E S COQ CONOITIONAL USE/VARIANCE FEES 2,500.00 !291 SUBDIVISIO`I FEES 1,000.00 nn nn 31` INTERIM USE FEES 0 ,:00 32ASSESS[EN.TlSEPTIC SEARCHES: 2,:100.00 33} S�tQ�f 34 ttAC PS/OPIE�1 S/ISC .SALES 500.00 3sl TOPO SALES 2,500.00 roc nn 0-00 ' ( 8,0-00.0, ) 73,757.00 ( 3,-243.00) 477 50 4 522_ 2,850.00 350.00 19-50 ( 980 . SO ) 200 .00 1,530.00.( 570.04) t nF 7 ,tZ f 52-50). 510.21 10.21 0.00 ( 2,S00-00) 10 ; 004 00 34 ,183 .48 24 ,183 .48 37 INTE€{EST EARNINGS 0 00 3,258 .33 - 3258 .33 38 DONATIONS 4 030 .00 7,100-00 8 , 285 .02 1,18S.02 40 FRANCHISE FEES600.00 1'65.50 ( 434 .50) 41 OTHER/MISCELL 0.00 3,346.93 3 .345 .9 ,3,00.0..00.-2,545.00 ( 455.00). 43 CLEAN{ UP DA'c`,, _ 0.00 29 ,143 .29 29, 843.29 44 `�.- REFUNDS & REIMBURSEMENTS 4 840 .00 4s (^ 0 1,173,61 (J .00 784 ,035 . 74 C 389 , 574 .2b ) - 46 Total ;avenues 47 48 }- rF i fl,:: - - 0.00 49 SALE OF INVESTMENTS 0.00 y so TRANSFERS FROM OTHER FUNDS s( 1521 �1�7` MUi�ICIPAL OF t"ZTY OF OT EGO INTERIM FINANCIAL REPOR-C AS OF 08/31/97 1 FUND Variance " Favorable BudIet_ Actual (Unfavorable' r Disbursements: 2 CITY COUNCIL ' "' 72,410.00 23,941.51 48,46S.. .'c 3 ADMINISTRATION 188...S66-00 1Q1;137.31 87,428:E 4 PLANNING COMMISSION 3,700.00 3,055.22 644.,, 5 ASSESSOR 14,750.00 11,507.83 3,242.1 6 ENGINEER 52,000.00 95,309.18 ( 43,309.1 PLANNER 59 860.00 35 253'.45 24,646 e` FINANCE 61,431.00 38,201.34 23,229.E g RECYCLING 36,000.00 19,847.06 16,152.E 10 LEGAL SERVICES 30,000.00 40,374.40 ( 10,374.2 x.11 ECONOMIC DEVELOPMENT AUTHORITY 14,790.00 117.21 14,672.1 12 CITY HALL 79,276.00 64,673.11 14,602.E 13 "POLICE 100,740.00 83,220.04 17,520-C 14 SUILDTIN IiNISPECT(DR 29,500.00 21,106.77'. 8,393. 5'i Eti iHL CONTROL . 3 .100 00 1c7 _00 2,95O..( I16 HIGHWAYS, STREETS & ROADWAYS 267,633.00 153,517.25 114,115.1 7, STREET LIG-iTING 10,500.00 9,654.51 945.-' 18 RECREATION PROGRAMS 18 ,725 .00 31 ,599 .69 ( 12,9/74.E 19 PARKS MAINTENANCE. �7'; ?89 . �4 12,13-151 .1 25 ; 875 '_- !zo PARK CE?i'IMI'SIQN C� .fZO 547 42 21' HERITAGE PRESEFZVAT10N 4`,800:00. 173.17 4,626.E 221 OTHER FIIMANCING USES 87 ,700 .00 0.00 87,700.0 23 Total Disbursements 1,173,610.00 745,599.94 428,010.0 24 2s 26 Other Financing Uses 271. PURCHASE OF IE4VESTMENTS 0,_00 28 TRANSFERS TO OTHER FUNDS 0.00 29I S 30 =- 31 Beginning Cash Balance 441 ,430 _IQ _ ri 32 Z 33 v 34 Cash Balance as of 08/31/97 479,865.90 ` 35 36 37 38 _.... _ 39 '. 40 41 42 43 - 44 45 46 47 48 49 1 30 51 N AGENDA SECTION: 16. BOB KIRMIS CITY OF OTSEGO REOULNI ruK t Vu1�� ��. H� ��•,�• DEPARTMENT: MEETING DATE Elaine Beatty, City Clerk 9/25/97 - 6:30PM Tlv . ria rr I TEM NUMBER: I r;M 1jz t—r"-L r 1 vii . -- - . 6.1. Consider Dick Larson, Pres. of Miss. Riverwood Assn., Inc. 8660 Hwy. 101, Otsego, MN, Sec 23, Twp 121, R23 PID #118-500-233100 & 232301. Request is as follows: A. An amendment to the existing Conditional Use Permit to clarify conditions. BACKGROUND: This item came for Hearing on August 6, 1997 and was continued at the request of the applicant and advise of their Attorney Mr. Pribble. A site inspection by the Planning Commission was held. Th. Staff and Mississippi Riverwood Association with Mr. Pribble met to review NAC's Report and clarify some issues. The Planning Commission voted to Continue the Hearing to September 17, 1997 at 8PM. Mississippi Riverwood Association and Attorney Pribble agreed with the conditions with option B, Not A at continued Hearing. Attached is a findings of fact and letters from Attorney MacArthur and Pribble. At the Planning Commission the following motion was made: RICHARD NICHOLS MOTIONED TO APPROVE THE REVISED CUP WITH AN AMENDMENT TO EXISTING CONDITIONS PER NAG'S REPORT, WITH DELETION OF OPTION A AND CORRECTION OF LANGUAGE IN PARAGRAPH #7. BRUCE RASK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. RECOMMENDATION: Staff recommends Approval of the CUP with deletion of Option A as per P.C. Recommendation. Thanks Elaine CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE: CONDITIONAL USE PERMIT APPROVAL FINDINGS OF FACT AND DECISION Application of Mississippi Riverwood Associates lnl A 11, Ageicpltural amendment to allow a commercial outdoorrecreational use within a Rural Service District. On 25 September 1997, the Otsego City Council met at its regularly scheduled meeting to consider the application Mississippi Riverwood Inc. for the aforementioned conditional use permit. Based on the application, the now makea the followengl findings of factsand and evidence received, the City Council decision. FINDINGS OF FACT 1. The Mississippi Riverwood Resort 1992is e presently usegulated by a conditional use was approved subject to the permit granted by Wright County fulfillment of the following conditions: A. The campground is developed according to the plan dated 411182 prepared by Meyer-Rohlin. B. The campground is to be for seasonal only with timall e when the ed of level tlater than 1 November and not re -occupied at any exceeds the 855 foot elevation. 2. The subject site is zoned A-1, Agricultural Rural Services and lies partially within the 100 year floodplain of the Mississippi River. 3. A-1 Zoning District provisions list "outdoor commercial recreation" (i.e., seasonal campgrounds) as a conditional use. 4. Via the conditional use permit amendment process, allowable activities, uses and operations (beyond that specified by Wright County) may be identified including but not limited to the removal or storage of recreational vehicles or units. 5. The legal description of the property is as follows: See attached Exhibit A 6. Section 20-4-2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the proposed conditional use. The seven effects and findings regarding them are: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. The requested conditional use permit amendment will transfer development responsibility from Wright County to the City of Otsego. Such responsibility transference and the imposition of various environmental protection measures (re: Wild and Scenic and Floodplain requirements) is consistent with the Comprehensive Plan. b. The proposed use's compatibility with present and future land uses of the area. No physical modifications or expansions to the site have been proposed as part of the conditional use permit amendment. Via the imposition of various use performance standards, the proposed use is considered compatible with present and future land uses in the area. C. The proposed use conforms with all performance standards contained herein (i.e., parking, loading, noise, etc.). As a condition of conditional use permit amendment approval, all applicable performance standards shall be satisfied. d. The proposed use's effect on the area in which it is proposed. The proposed use will not tend to or have an adverse effect upon the area in which it is proposed. e. The proposed use's impact upon the property values of the area in which it is proposed. Approval of the conditional use permit amendment shall have little if any impact on area property values as no physical changes to the resort have been proposed. 2 f. Traffic generated by the proposed use in relation to capabilities of streets serving the property. Traffic generated by the proposed use is within the capabilities of Quantrelle Avenue which serves the property. g. The proposed use's impact upon existing public services and facilities including parks, schools, streets and utilities, and its potential to overburden the City's service capacity. The use in question shall not negatively impact existing service capacities of the City or the School District. 7. The following items are hereby incorporated by reference: a. Northwest Associated Consultants, Inc. report dated 29 July 1997. b. Hakanson Anderson Associates, Inc. letter dated 30 July 1997. C. Minnesota Department of Natural Resources letter dated 14 August 1997. d. Northwest Associated Consultants, Inc. memorandum dated 10 September 1997. 8. On 6 August, 20 August and 17 September 1997, the Otsego Planning Commission conducted a public hearing to consider the proposed conditional use permit amendment application preceded by published and mailed notice. Upon review of the conditional use permit application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council approve the conditional use permit amendment based on the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinances, the applicant's request for a conditional use permit amendment is approved in its present form and subject to the following conditions: 1. The applicant submit a site survey indicating the location of all existing structures and/or buildings. 2. Expansion of the site, through the provision of additional recreational vehicle or unit sites, building additions, or construction of new structures shall require approval of a CUP amendment. 3 3. Any expansion of the site shall require conformance to all applicable performance provisions of the A-1 District, Wild and Scenic Overlay District, and Floodplain Overlay District. 4. The following Off -Season Storage Plan shall be implemented and completed no later than 1 November of each year. a. Occupancy of the recreational vehicle or unit sites within the floodplain shall not occur prior to the water level dropping below 855' elevation in the spring of each year. b. Recreational vehicles or units located on property below the 857 foot elevation will be removed from their lots and stored on higher ground within the park or taken to other storage areas outside the park. C. Recreational vehicles or units that are located on land with elevations between 857 to 858 feet will disconnect all utilities and all blocking will be removed and units will be prepared for removal from their locations if necessary. Steel cables shall be attached to unit frames and secured to a tree over 6 inches in diameter, or a heavy duty ground anchor will be used. Cables shall have a simple way to be removed. d. Units on land above the 858 foot elevation will be disconnected from all utilities. They may remain on blocks, but be prepared for removal in all other ways. e. The applicant will submit a detailed site plan indicating the elevation of each recreational vehicle or unit site, indicate the recreational vehicle or unit sites to which "A", "B", and "C" above apply to and indicate the location of on-site storage areas, subject to review and approval of the City Engineer. 5. The applicant submit an emergency evacuation plan for the entire property that includes the following elements: a. Identification of a Flood Emergency Official responsible for monitoring water levels and initiating the emergency evacuation plan in the event of a flood. A record of the name, address and phone number of this individual will be maintained at City Hall. b. The identification of a business or individual responsible for evacuating the recreational vehicles or units in the event of a flood. C. The identification of a site where the recreational vehicles or units will be removed to, on site as well as off-site, in the event of a flood. 51 6. A flood monitoring device shall be installed on the subject property. 7. Recreational vehicles or units within the floodplain conform to all applicable provision of Section 20-73 of the Zoning Ordinance including the following conditions: a. Have current licenses required for highway use. b. Are highway ready meaning on wheels or with an internal jacking system. C. Are attached to the site only with quick disconnect type utilities commonly used in campgrounds and resorts. d. The recreational vehicles or units do not have permanent structural type additions attached to it. e. Recreational vehicles or units and associated use must be permissible in any pre-existing, underlying zoning use district. 8. The construction of site improvements that exceed $1,000 in total cost, as determined by the Building Official, and portion from floodplain parcel within the floodplain shall result in the forfeit of the exemption provisions for recreational vehicles or unit sites located in the floodplain. g. No permanent accessory buildings, structures or fences shall be constructed in association with individual recreational vehicles or units. hall 10. The construction of or addition to accessory buildings ssuanor rcetures and fences of all applicablesCi y require approval of a CUP amendment a permits. 11. No cutting of trees in excess of four inches in diameter at four feet high within 100 feet of the OHWM is allowed in the Wild and Scenic District except by City permit as regulated by Section 20-74-10 of the Otsego Zoning Ordinance. 12. Any additions or modifications to existing site signage shall be subject to applicable provision of the Zoning Ordinance and require approval of a CUP amendment. 13. Any additions or modifications to existing site lighting shall be subject to applicable provisions of the Zoning Ordinance and require approval of a CUP amendment. 14. Any amendment to the existing Conditional Use Permit shall be subject to the following conditions related to required MnDOT approvals: 5 a. A MnDOT access permit is required for access to or across state highways or right-of-way, including MnDOT owned frontage roads. A change in intensity or type of use of an existing entrance also requires a permit. permit i b. A MnDOT stormwater drainage s required for any change in rate of runoff to trunk highway right-of-way, or any alteration of trunk highway stormwater drainage systems. C. Any other use of or work within MnDOT right-of-way, including but not limited to grading, utility work, and landscaping of the require a proposed work. it. The permit necessary shall depend on the natureP d. If property adjacent to MnDOT right-of-way is to be platted, the preliminary and plat must be submitted to MnDOT for review along with site, grading drainage plans. 15. The condition, maintenance and upgrade of the existing private sewer system shall be subject to review and approval of the City Engineer. ADOPTED by the Otsego City Council this 25th day of September 1997. CITY OF OTSEGO By: Larry Fournier, Mayor ATTEST: By:: Elaine Beatty, City Clerk/Zoning Administrator A IViUiam S. Ra*wiu Andrew J. MacArthur Michael C. Couri Megan M. McDonald September 17, 1997 RADZWILL & CO URI Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN55376 (612) 497-1930 (612) 497-2599 (FAX) Planning Commission Members City of Otsego Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, SIN 55330 RE: Mississippi Riverwood CUP Dear Commission Members: J The last time this matter was before the Planning Commission it was tabled. Myself, Bob Kirmis, and Kevin Kielb then met with the representatives of the applicants and their attorney to discuss the proposed conditions of the CUP. A portion of the meeting was spent explaining where and why the various conditions came from and their purpose. We also went over the conditions and slightly modified some of them in light of further information received. Enclosed please find correspondence received today from the Association's attorney relevant to the most recent NAC report. The only objection is to the inclusion of Option A into revised Condition No. 4. I discussed this by phone with him today and indicated that the options were presented to the Planning Commission through the Planner's report. The conditions decided upon are a decision that the Planning Commission must make based upon all information received and the available options. The Association has requested and agrees with Option B, as revised. After our meeting and discussion of this proposed Option B, it is my opinion that said option satisfactorily addresses the concerns of the City in regards to seasonal storage and removal of units. Letter to Otsego Planning Commission September 17, 1997 Page 2 Please feel free to contact me if you have any questions or concerns. Very yours, drew /IZ ur RADZWILL & COURI Cc: William C. Pribble, Jr., Esq. Bob Kinnis, r3AC Kevin Kielb, Hakanson Anderson Enclosure William C. Pribble, Jr. Attorney At Law L: SEP 1 «7 --- September 16, 1997 BY FAX & U.S. MAIL 497-2599 Andrew J. MacArthur Radzwill & Couri 705 Central Ave. E. P. O. Box 369 St. Michael, MN 55376 RE: Mississippi Riverwood - CUP Dear Mr. MacArthur: This acknowledges receipt of the revised recommendations of Northwest Associated Consultants to the Planning Commission via Bob Kirmis. We reviewed it and it generally conforms to our recollections, except in one major area, Revised Condition 4. It is our recollection that Option B as modified was the only condition for that was going to be presented to the Planning Commission for recommendation to the City Council. The revised recommendation has both of them back in. I would like to have presented a united Front to the Planning Commission for of all the revised conditions, but we can't if that option is left in. Would you please verify with Bob whether that is a change that he just forgot and call me. Sincerely, William C. Pribble Jr. i cc: Mississippi'Riverwood Associates WCP:st int,cmhange Tower • 600 5oufh Hl hway 169.5uitc 670 0 Minncapoli8, MN 55426.Offiee: (612) 595-0041 • Far: (612) 593-1?21 SEP -10-1997 0e:44 NAC 612 595 9e37 P.0209 INC .1 wUIF100009-11011, TO: FROM: DATE: RE: FILE NO: NORTH`,A/EST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN _ MARKET RESEARCH Otsego Planning Commission Bob Kirmis 10 September 1997 Otsego - Mississippi Riverwood CUP 176.02 - 97.12 On 3 September, staff met with representatives of Mississippi Riverwood to discuss various questions and concerns associated with recommendations contained within our office's 29 July planning report. As you are aware, the applicants had previously relquested a continuance of the original 20 August public hearing (associated with their CUP request) to the 17 September meeting to allow such a staff meeting to take place. In reference to the conditions of the 29 July report, the following changes, as suggested by the applicant, are agreeable to staff: 1. Terminology. The applicants have requested that references to terms "campers" and "camp sites" be changed to "recreational vehicles" and "recreational vehicle sites". The applicants consider Mississippi Riverwood a "resort area" and feel that the "camp site" references detract from the character of the facility. Staff believes the suggested change in terminology will not alter the effect of the recommendations. 2. Storage Plan Review. Condition 4.E of the 29 July report states that a plan must be submitted which identifies the elevation of individual camp sites and the boundaries of the proposed storage areas. �t is further stipulated that such plan is to be subject to review and approval by tie City Council. The applicants have suggested that the City Engineer (rather th n the City Council) be responsible for such review and approval. Staff is agreeable to this change. 5775 WAYZ.ATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2595-9636 FJX 6 1 2-S9S-9a37 SEP -10-1997 08 45 NAC 612 595 9e.77 P.04/oe removal of diseased or insect -infested trees or the removal of trees that present safety hazards. To further clarify this condition, it is recommended that the following language be added to condition 12: ... as regulated by Section 20-74-10 of the Otsego Zoning Ordinance. For reference purposes, we have attached a revised set of conditions which incorporates the preceding modifications. As you are aware, this item is scheduled for Planning Commission consideration on 17 September. PC: Elaine Beatty Andy MacArthur Kevin Kielb Larry Kramka, DNR William Pribble Mississippi Riverwood Associates Inc. 3 SEP -10-1997 ©e:47 NAC 612 595 9e3? P.06iee E. The applicant will submit a detailed site plan indicating the elevation of each eafl°rp erea�jQt aj'V' hi'de"�i� �nt� site, indicate the e8rnp fe���attCfrf�t� ire rtr� rsn sites to which °A", "B", and "C" above apply to and indicate the location of on-site storage areas, subject to review and approval of the City 5. The applicant submit an emergency evacuation plan for the entire property that includes the following elements: A. Identification of a flood emergency official responsible for monitoring water levels and initiating the emergency evacuation plan in the event of a flood. A record of the name, address and phone number of this individual will be maintained at City Hall. B. The identification of a business or individual responsible for evacuating the >?atrE1 +ibis in the event of a flood. C. The identification of a site where the eafftpef rcyesis will be removed to, on site as well as off site, in the event of a flood. 6. A flood monitoring device shall be installed on the subject property. 7. Yaeeles,v' located within the floodplain satisfy the following conditions. A violation of these conditions will require that travel .. e C within the €loodplain conform to all applicable provisions of Section 20-73 of the Zoning Ordinance. A. Have current licenses required for highway use. B. Are highway ready meaning on wheels or with an internal jacking system. C. Are attached to the site only with quick disconnect type utilities commonly used in campgrounds, trailer parks, ECEeis D. The isreitica-rcres":q linitis does not have permanent structural type additions attached to it. E. Therorralxuet andsera e t use must be permissible in any pre-existing, underlying zoning use district. SEP -17-1797 E8 18 NAC 612 595 9837 P.©8i�-t9 D, If property adjacent to MnDOT right-of-way is to be platted, the preliminary plat must be submitted to MnDOT for review along with site, grading and drainage plans. 15. The condition, maintenance and upgrade of the existing private sewer system shall be subject to review and approval of the City Engineer, 16. Comments of other City staff. TOTAL P.Oe CITE" OF OTSEGO 11 AGENDA SECTIO': DEPARTMENT: MEETING DATE 11 16. BOB KIRMIS Elaine Beatty, City Clerk 9/25/97 - 6:30PM ITEM NUNBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 6.2. Guy F. and Evelyn A. Rowe, Owners, 14031 NE 87TH ST. PID #118- 031-004020, Section 21, Township 121, Range 23, Vasseur's Oak Grove Estates Lot 2, Block 4. Request is as follows: A. Conditional Use Permit to allow: a. More than one detached accessory structure on a residential lot. BACKGROUND: _his -tam came for Hearing on September 17, 19997 82M Planning Commission Meeting. See attached NAC's Report of September 8, 1997, Findings of Fact and Letter from Andy MacArthur, City Attorney regarding the driveway and liability. Guy Rowe stated their existing pole building is maintenance free and felt the condition to repaint it to match the home is excessive and too difficult. He also stated he had porches on previous buildings that had been removed. He had no objections to the City Attorneys request of signing a document Re: Liability on the driveway/street. He stated his garage doors will be painted next sumer. After many motions and amendments the P.C. recommendation was as follows: Richard Nichols Motioned to accept the CUP with 8-conditons listed in Staff Report with modification of #2 to change to December 1, 1997 and delete the "existing pole building" and add to No. 7 of NAC'a Report The City Attorneys direct comments. Ing Roskaft seconded the Motion. Motion carried unanimously. Ing Roskaft voted No. on adding Attorneys comments dated September 17, 1997 RECOWENDATION: Staff recommends A c roval of the CUP as car P.C. Recommendation. Thanks Elaine CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE: CONDITIONAL USE PERMIT APPROVAL FINDINGS OF FACT AND DECISION Application of Guy and Evelyn Rowe for a conditional use permit to allow the following: 1) more than one detached accessory building in association with a detached single family residential use; and 2) total accessory storage space to exceed 2,000 square feet. On 25 September 1997, the Otsego City Council met at its regularly scheduled meeting to consider the application of Guy and Evelyn Rowe for the aforementioned conditional use permit. Based on the application, the recommendation of the Planning Commission, and evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT The applicants are requesting a conditional use permit to allow the following: a. More than one detached accessory building in association with a detached single family residential use; and b. Total accessory storage space to exceed 2,000 square feet. 2. The subject property is zoned R-2, Residential -Immediate Urban Service -Large Lot. 3. The subject property lies within the City's Immediate Urban Service Area, as illustrated in Otsego's duly adopted Comprehensive Plan. 4. The legal description of the property is as follows: Lot 3, Block 4, Vasseurs Oak Grove Estates, City of Otsego, Wright County, Minnesota 5. Section 20-4-2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the proposed conditional use. The seven effects and findings regarding them are: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. a The proposed use of the subject property will be compatible with adjacent properties. As such, the use is consistent with the intent of the Comprehensive Plan and the property's R-2 zoning designation. b. The proposed use's compatibility with present and future land uses of the area. The proposed accessory storage building (garage) will be compatible with present and future uses in the area. C. The proposed use conforms with all performance standards contained herein (i.e., parking, loading, noise, etc.). The proposed use will conform to all applicable performance standards. d. The proposed use's effect on the area in which it is proposed. The proposed use will not tend to or have an adverse effect upon the area in which it is proposed. e. The proposed use's impact upon the property values of the area in which it is proposed. While no detailed study has been conducted, similar situations dictate that the proposed use will not tend to depreciate area property values. f. Traffic generated by the proposed use in relation to capabilities of streets serving the property. Traffic generated by the proposed use is within the capabilities of O'Brian Avenue which serves the property. g. The proposed use's impact upon existing public services and facilities including parks, schools, streets and utilities, and its potential to overburden the City's service capacity. The proposed use can be accommodated by existing public service facilities and will not over burden the community's service capacity. 6. The planning report dated 8 September 1997 prepared by Northwest Associated Consultants, Inc., and letter dated 16 September 1997 prepared by Radzwill and Couri Law Office, are incorporated herein. 2 a 1 7. On 17 September 1997, the Otsego Planning Commission conducted a public hearing to consider the proposed conditional use permit application preceded by published and mailed notice. Upon review of the conditional use permit application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council approve the conditional use permit based on the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinances, the applicants' request for a conditional use permit to allow: 1) more than one detached accessory building in association with a detached single family residential use; and 2) total accessory storage space to exceed 2,000 square feet is approved in its present form and subject to the following stipulations: 1. Neither the proposed accessory structure or existing accessory structure is used for commercial or home occupation activities (unless specifically approved in accordance with City home extended business/home occupation requirements) or the keeping of animals. 2. With the exception of the 40 foot by 40 foot pole building, all detached accessory structures are removed from the subject property no later than 1 November 1997. 3. The proposed accessory building match the principal building in color. 4. The height of the proposed accessory building not exceed 16 feet. Such height compliance shall be demonstrated via the submission of a building elevation. 5. Utility and drainage easements are provided as determined necessary by the City Engineer. 6. All recommendations of the City Engineer relating to site grading and drainage are satisfactorily met. 7. The applicant enter into a written agreement with the City (in recordable form) which releases the City from liability for any accident or occurrence along the driveway within the 87th Street right-of-way. The agreement shall acknowledge that use of such driveway shall be allowed solely at the discretion of the City and that an alternative access may have to be created if the City, for whatever reason, determines to make use of the dedicated right-of-way. 3 ADOPTED by the Otsego City Council this 25th day of September 1997. CITY OF OTSEGO Larry Fournier, Mayor ATTEST: By: Elaine Beatty, City Clerk/Zoning Administrator Ell Hakanson Anderson Assoc., Inc. September 3, 1997 Elaine Beatty, Clerk City of Otsego 14297 95th Street NE Elk River, MN 55330 RE: Rowe CUP Dear Elaine: 3601 Thurston Avenue Anoka, Minnesota 55303 612/427.5860 Fax 612/427-3.4&-F- 0520 We have reviewed the above referenced CUP Application. Based on our analysis, we do not feel that there are any significant engineering issues related to this CUP. Specific site drainage issues should be addressed by the Building Inspector during construction. We are available during construction if any Engineering issues arise. If you have any questions, please do not hesitate to contact me. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. , k- v 1 .1 /9))rr1b Kevin P. l<ielb, PE kas cc: Andy MacArthur, Radzwill Bob Kirmis, NAC ot2500.eb7 Engineers Landscape Architects Surveyors William S. Radzwill Andrew J. MacArthur Michael C. Court Megan Al. McDonald September 16, 1997 RADZWILL & COURI Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN55376 (612) 497-1930 (612) 497-2599 (FAX) Pianniiig Commission Members City of Otsego c/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, NN 55330 RE: Proposed Rowe CUP Dear Planning Commission Members: SE? I T._- -"- I have been requested to comment upon a pending request for a conditional use permit. Upon review of the Planner's report it would appear that he has covered all relevant issues, but has requested that I comment on the issue of access to the property. The report indicates. that access to the property is presently across a dedicated roadway which has never been maintained by the City. Unfortunately, access through this route may result in potential City liability in the event of an accident or other occurrence on the "driveway", due to the previous dedication to the City. It also appears that it would not be in the City's best interest to vacate this stub roadway since it potentially provides access to land to the west in the event of fiuther subdivision. Access would be better achieved through a direct outlet onto a maintained street. If this access is to remain, however, it is my recommendation that the owner sign a written document, in recordable form, releasing the City from liability for any accident or occurrence along the "driveway", and acknowledging that such use is allowed solely at the discretion of the City and that other access may have to be created if the City, for whatever reason, determines to make use of the dedicated right-of-way. Letter to Otsego Planning Commission September 16, 1997 Page 2 If you have any questions regarding this matter please feel free to contact me. cc: Bob Kirmis, NAC Kevin Kielb, Hakanson Anderson Guy- and Evelyn Rowe N NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT TO: FROM: DATE: RE: FILE NO: EXECUTIVE SUMMARY Background Otsego Mayor and City Council Bob Kirmis / David Licht 8 September 1997 Otsego - Rowe Accessory Building CUP 176.02 - 97.16 Guy and Evelyn Rowe wish to construct a 768 square foot detached accessory building (garage) upon their 1.2 acre property located south of 87th Street and west of O'Brian Avenue. To accommodate the applicant's request, approval of a conditional use permit to allow the following is necessary: 1. More than one detached accessory building in association with a detached single family residential use. 2. Total accessory storage space to exceed 2,000 square feet. A total of three accessory buildings currently exist upon the subject property. In conjunction with the requested CUP, the applicant is proposing to remove two dilapidated accessory buildings and retain only a 1,600 square foot pole building. The subject site is zoned R-2, Residential Immediate Urban Service -Large Lot. Attached for reference: Exhibit A - Site Location Exhibit B - Detailed Site Location Exhibit C - Site Photographs Exhibit D - Site Plan 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 Recommendation Based on the following review and in light of applicable City policy, our office recommends approval of the requested conditional use permit to allow: 1) more than one detached accessory building in association with a detached single family residential use; and 2) more than 2,000 square feet of accessory storage space. Approval of such conditional use permit is, however, recommended to be contingent upon the fulfillment of the following conditions: 1. Neither the proposed accessory structure or existing accessory structure is used for commercial or home occupation activities (unless specifically approved in accordance with City home extended business/home occupation requirements) or the keeping of animals 2. With the exception of the 40 foot by 40 foot pole building, all detached accessory structures are removed from the subject property no later than 1 November 1997. 3. The proposed accessory building and existing pole building match the principal building in color. 4. The height of the proposed accessory building not exceed 16 feet. Such height compliance shall be demonstrated via the submission of a building elevation. 5. Utility and drainage easements are provided as determined necessary by the City Engineer. 6. All recommendations of the City Engineer relating to site grading and drainage are satisfactorily met. 7. The City Attorney provide comment and recommendation in regard to issues associated with the location of a private driveway with the unimproved 87th Street right-of-way. 8. Comments of other City staff. ISSUES ANALYSIS Existing Conditions. Presently, a total of 1,800 square feet of accessory storage space currently exists upon the subject property. Such storage space is contained within a single 40 foot by 40 foot pole building which lies north of the subject site's principal building and two small storage sheds located along the property's southern lot line (not shown on site 2 plan). It is the applicants' intent to remove the two "small" sheds as they are currently in a dilapidated state. Including the proposed 768 square foot detached accessory building, a total of 2,368 square feet of accessory storage space would exist upon the subject property (acknowledging removal of the two small sheds). According to Section 20-16-4.6.d of the Zoning Ordinance, the total floor area of detached accessory buildings (associated with single family residential uses) shall not exceed 2,000 square feet except by conditional use permit. CUP Review Criteria. According to Section 20-16-4.1 of the City Zoning Ordinance, a conditional use permit for an accessory storage structure may only be granted provided that: 1. There is a demonstrated need and potential for continued use of the structure and the purpose stated. 2. In the case of residential uses, no commercial or home occupation activities are conducted on the property. This prohibition shall include the storage of materials and equipment which are unrelated to the on-site residential use and activity. 3. The building has no evident re -use or function related to the principal use. 4. The accessory building shall be maintained in a manner that is compatible with the adjacent uses and does not present a hazard to public health, safety and general welfare. 5. The provisions of Section 4.2.F of the Ordinance shall be considered and a determination made that the proposed activity is in compliance with such criteria (listed below) . a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. b. The proposed use's compatibility with present and future land uses of the area. C. The proposed use conforms with all performance standards contained herein (i.e., parking, loading, noise, etc.). d. The proposed use's impact upon the area in which it is proposed. e. The proposed use's impact upon property values of the area in which it is proposed. 3 f. Traffic generation by the proposed use in relation to capabilities of street serving the property. g. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities, and its potential to overburden the City's service capacity. Building Use. The CUP review criteria states that there should be a demonstrated need for continued use of the structure and the purpose stated. As mentioned previously, it is the intent of the applicants to remove two accessory storage sheds which presently exist upon the subject property and essentially "replace" lost accessory storage space with a new detached building. The proposed removal of the accessory buildings is considered positive as they are presently in a dilapidated state. The proposed accessory building will be used to store the applicant's personal equipment and vehicles. In this regard, it is the opinion of our office that there is a demonstrated need for the continued use of the proposed structure. As a condition of CUP approval, neither the proposed accessory structure or existing accessory structure (pole building) may be used for commercial or home occupation activities (unless specifically approved in accordance with City home extended business/ home occupation requirements or the keeping of animals. Building Materials. Exterior finish materials of the proposed accessory building have not been specified. According to the Section 20-16-4.G of the Zoning Ordinance, the same or suitable quality exterior finish building materials (as determined by the Building Inspector) shall be used in all accessory buildings over 150 square feet as in the principal building. To ensure compatibility, it is recommended that the proposed accessory building match the principal building in color. As shown on the submitted site plan and site photographs, an existing 40 by 40 foot pole building lies directly north of the site's principal building. While such building type is currently not allowed by Ordinance, the building holds legal grandfather rights. Considering the structure's visibility from O'Brian Avenue and appearance, it is recommended that the pole building also be painted to match the site's principal building in color. Setbacks. While 87th Street has not been improved, the north side of the subject site is technically a side yard which abuts a public right-of-way. Thus, a 35 foot setback from the north property line must be maintained (applicable to local streets in R-2 Zoning Districts). Section 20-16-4.B.5 of the Ordinance further states that accessory buildings (for detached single family uses) shall not be closer than 10 feet to any lot line. The submitted site plan (Exhibit D) illustrates a side yard setback of 35 feet and rear yard setback of ± 130 feet for 12 the proposed accessory building. Thus, the proposed structure complies with applicable structure setback requirements. Site Access. As shown on the submitted site plan, the subject property is accessed via a private driveway which lies within the unimproved 87th Street right-of-way. The City Attorney should provide comment and recommendation in regard to liability issues associated with such driveway condition. Building Height. According to Section 20-16-4.F of the Ordinance, an accessory building within an R-2 Zoning District must not exceed 16 feet in height. As a condition of CUP approval, a building elevation should be submitted which demonstrates compliance with applicable building height requirements. Compatibility. According to CUP evaluation criteria, the proposed use must be judged to be compatible with surrounding uses. Considering that the proposed structure meets applicable setback requirements, lies in an area characterized by accessory buildings, and must meet applicable City building material requirements (as a condition of CUP approval), the proposed structure is considered "compatible" with surrounding uses. Driveway. According to a recently adopted Ordinance amendment, driveways upon lots platted prior to 1 January 1992 must be surfaced with material suitable to control dust and drainage. Thus, any driveway used to access the proposed accessory building must be surfaced in compliance with Ordinance requirements. Easements. As a condition of CUP approval, the applicants should provide all utility easements as determined necessary by the City Engineer. Grading and Drainage. Grading and drainage issues shall be subject to review and recommendation by the City Engineer. CONCLUSION Based on the preceding review, our office recommends approval of the requested conditional use permit subject to the conditions listed in the Executive Summary of this report. PC.. Elaine Beatty Jerry Olson Andrew MacArthur Kevin Kielb Guy and Evelyn Rowe 5 EXHIBIT A - SITE LOCATIC EXHIBIT B - DETAILED SITE LOCATIC 3 2 c 7M 3 2 .AoorTICN C�;r�T 3 300• of F.L� OTUOO E. 391ft A—CRO I j'o 12 13! 15' 7 27 AOOrVN 2 Z; 4 ' 3 :RES 2 2' I AC st, ADD= 3 OTSEGO N, 14 13z. 12; 10;' 0 4 2 2 7 2 Is r 13 12 10 -.4 ia I . i. i ".. i ..--- 1 -. t - —� I • ° �I ! t I ftt i ° I a a t t 1 2 3 1 7 h`�5`'Ja� :S —2 2 OE 22 2 3 zi —4 30 4 6 26 7 7 3 2 cc 24 'o -Z 23 a 6 7 '12 u o. 22 12 3 3 —213 t3 2 4 #037 io 2 Nj 2 — to 14 S "In —1 .15 3 13 i 14 EXHIBIT B - DETAILED SITE LOCATIC EXHIBIT C - SITE PHOTOGRAPHS .+..........'j..� t _- 04191U19/V 141/9 GRA C2 Z' f V. EXHIBIT D SITE PLAN 0 ZZ v `CIO i I V1 J f V. EXHIBIT D SITE PLAN CITE' OF OTSEGO AGENDA SECTION: DEPAR'T'MENT: MEETING DATE 7. ANDY MAC ARTHUR, CITY ATTY.Elaine Beatty, City Clerk 9/25/97 - 6:30PM ITEM NUMBER: ITEM DE5UK11-T1VN : rrcn,rt��� aj • �� 7.2. Consider adoption of Ordinance Re: City Ethics BACKGROUND: Andy MacArthur has reviewed the Ethics Ordinance proposed by Subcommittee of Carl Swenson and himself. Attached is a copy that he has reviewed and approved. He will explain to the Council. RECOMMENDATION: Staff recommends --''at the City council rev=eal this c-000sed Ordinance nance and vote to add to next Council Meeting on October 13th for cons idera'�ion of same. Thanks Eiaine William S. Radzwill Andrew J. MacArthur Michael C. Court Megan M. McDonald September 22, 1997 City Council Members City of Otsego C/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 RADZWILL & COURI Attorneys at Law 705 Central Avenue East PO Boz 369 St. Michael, MN55376 (612) 497-1930 (612) 497-2599 (FAX) RE: Proposed Ethics Ordinance Dear Council Members: Enclosed herein for your review and possible action please find a proposed Ethics Ordinance covering elected and appointed officials of the City. This ordinance has been reviewed by the established subcommittee, and I have made a few changes based upon that meeting. The ordinance basically sets forth standards for conflict of interest for elected and appointed City officials, and defines in what situations disclosure of potential conflicts should be made . The ordinance allows others to raise the issue of conflict of interest but leaves the ultimate decision as to whether or not there is a disqualifying conflict of interest upon the individual.. A statutory conflict of interest involves a direct monetary interest in a contract or other matter before the Council or other body. Case law conflicts of interest involve a sometimes complex analysis of whether or not another type of interest so affects an individual's judgment that they cannot make a clear and objective decision in the matter before them. This ordinance is submitted for review at this time. If you have any questions I would recommend that action be deferred until the next meeting. If, however ,the ordinance is acceptable in its present form it could be acted upon at this meeting. Letter to Otsego City Council September 22, 1997 Page 2 I will be available to answer any questions you might have regarding this matter. Very ours, An et�r J. Ma / ur DZWILCOURI Encl. CITY OF OTSEGO COUNTY OF WRIGHT STATE OF NIINNESOTA CODE OF ETHICS Section 1. Policy and Purpose. It is imperative that all persons acting in the public service not only maintain the highest possible standards defined ethical and known to thetheir public as well as public business, and that such standards be clearly to the persons acting in public service. The proper operation of a democratic government requires that public officials be independent, impartial, and responsible to the people. Governmental decisions and policies must be made in the proper channels of the governmental structure. Public office may not be used for personal gain. Citizens must have confidence in the integrity of their government officials. Employees and contracted staff of the City must also be held to the highest ethical standards, but the standards established for them should be contained within the City's employee manual and/or individual contracts. In recognition of these goals, there is hereby established a Code of Ethics for the City's elected and appointed public officials. The purpose of this Code is to establish ethical standards of conduct for such persons by prohibiting acts which are incompatible with the City's best interests, and to demonstrate to the public the City's commitment to hold said public officials to the highest possible standard of conduct. The provisions and purpose of this Code are declared to be in the best interests of the City of Otsego. Section 2. Responsibilities of Public Office. Public officials hold office on behalf of the public. They are bound to uphold the Constitution of the United States of America and the Constitution of the State of Minnesota. Public officials must carry out impartially the laws of the nation, state, and City in fostering respect for all government. They are bound in their official acts to the highest standards of morality, and to discharge faithfully the duties of their office. Public officials shall be dedicated to fulfilling the responsibilities of their office. They shall be dedicated to the public purpose and all programs developed by them shall be in the community interest. Public officials shall not exceed their authority or breach the law or ask others to do so. They shall work in full cooperation with other public officials and employees unless prohibited from doing so by law. 1 Section 3. Scope of Persons Covered. Subdivision 1. The provisions of this Code of Ethics are applicable to the Mayor, all members of the City Council, and all appointed City Officials. It shall not include City employees who are not otherwise appointed officials, contracted City staff, nor citizen volunteers. Subdivision 2. The Disclosure provisions of Section 5 are applicable only to elected public officials, and members of the following Boards and Commissions: Planning and Zoning Commission, Economic Development Authority Advisory Commission, Heritage Preservation Commission, and Park and Recreation Commission. Section 4. Conflict of Interest. Subdivision 1. No person covered by this Code shall knowingly engage in any conflict of interest, or knowingly engage in any business or transaction, or shall have a direct or indirect financial or other personal interest which is incompatible with the proper discharge of the person's official duties or would tend to impair the person's independent judgment or action in the performance of his official duties. In determining whether or not a conflict of interest exists, factors to be considered include, the nature of the matter before the City, the affect or potential affect of the actions taken by the public officials, and the need for action on the matter in question. While a conflict of interest could conceivably exist in many instances, a conflict only falls within the scope of this policy when it arises to the level of a disqualifying conflict of interest. A disqualifying conflict of interest is a conflict which rises to such a level that a reasonable person viewing the matter in an objective fashion would conclude that the apparent or real conflict would not allow the involved official to make an unbiased decision in the matter. In the case of a proposal of general application throughout the City, the issue as to whether or not a conflict of interest exists is not as closely scrutinized as when a conflict of interest exists regarding an application for action regarding a defined specific parcel of property, or in a case where the action affects a particular individual or a narrowly defined class of individuals rather than the public in general. In the case of a specific application, a disqualifying conflict of interest exists when their is a reasonable perception (whether it actually exists or not) of a conflict of interest. In the case of an ordinance or decision of general application, the standard shall be an actual conflict of interest, since it is in the nature of the system of City government that various conflicting views and interests be represented in any vote on an ordinance or K policy of general application. Conflict of interest shall include both personal and financial conflicts. A "personal interest" is an interest arising from blood or marriage relationships, or from close business or political association. A "financial interest" means any monetary interest in a contract before the City, or a direct financial interest in the matter through the ownership of stocks, bonds, notes, or other securities. Subdivision 2. If a public official determines that they have a disqualifying conflict of interest, they shall bring it to the attention of the Council, Board, or Commission at the time that consideration of the matter is before that body. The public official shall then recuse themselves from any further discussion or action regarding that matter. If they so choose, they may leave the table and be seated in the audience, where they have the same rights as any other citizen. In the event that the chair, or any other member of the Council, Board, or Commission, reasonably believes that another member has a disqualifying conflict of interest, they may raise the matter with the member who has a perceived conflict of interest. In the event that the member does not believe that a conflict exists, and will not voluntarily recuse themselves, the matter may be called to a vote of the affected body. Notwithstanding that vote, it will still be up to the affected member to voluntarily recuse themselves or not recuse themselves. With the understanding that a failure to recuse may have legal implications in a matter where the vote directly affects the rights of an individual in a matter before the City Council, in such a case, the Council may request that the City Attorney render an opinion as to whether or not the conflict of interest alleged exists, and whether or not it is a disqualifying conflict of interest. Subdivision 3. A conflict of interest shall include, but shall not be necessarily limited to the following: A. Holding a private or other public position in addition to the person's primary public position which interferes with the proper discharge of public duty. B. Use of confidential information, obtained as a result of public position, for personal gain. C. Soliciting of personal gifts and favors. D. Use of official position for personal gain. 3 E. Holding investments which will interfere with the proper discharge of public duty. F. Representation for profit of private interests before City governmental agencies. G. Participation as a public representative in a business transaction in which the person has a direct or indirect financial or other personal interest, without full disclosure. H. Personal interest in any matter which prevents the person from properly fulfilling their public duty. Subdivision 4. Notwithstanding any provision of this chapter to the contrary, no person subject to this chapter shall directly or indirectly solicit any gift or accept or receive any gift of substance whether in the form of money, services, loan, travel, entertainment, hospitality, promise, or any other form, under circumstance in which it could reasonably be expected to influence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part. Section 5. Disclosure. Any Council member, Board member, or Commission member, prior to consideration of any matter affected by this section, shall disclose to the body on which he serves any fact or circumstance constituting a conflict of interest as set forth in this Ordinance. If the matter is of such a nature that the member does not wish to specifically state the facts or circumstances of the conflict, they may state simply that they have a conflict. In the event that the conflict of interest is a disqualifying conflict of interest, the member shall recuse themselves from any discussion or action regarding the issue in front of the body. All Council members, board members, or commission members are encouraged to recuse themselves in any situation where facts and circumstances would lead an objective observer to the reasonable conclusion that a conflict of interest may exist. Section 6. City Council Enforcement. Failure of any Commission or Board member to properly recuse themselves in a conflict of interest situation, may result in City Council initiated removal from the public body. Section 7. Effective Date. This ordinance shall be in Rill force and effect after its passage and publication. 51 ADOPTED BY THE OTSEGO CITY COUNCIL this day of September, 1997. IN FAVOR: OPPOSED: Elaine Beatty, City Clerk CITY OF OTSEGO Lary Fournier, Mayor 61 Wild= S. RIIdzwz*U RADZWILL & COURI Andrew J. MacArthur Attorneys ar Law ; M ch4ad C. Couri 705 Cerirral Avenue Easy Megan M. McDonald PO Bas 369 ; S7. Michael, MN 55376 (612)497-1930 (612) 497-2599 (FAQ September 25, 199' City Council Members City of Otsego C/o Elaine Beatty, City Clerk 8899 Nashua Avenlie NE Elk River, MN.55330 RE: City of Otsego- City of Dayton Wastewater Treatment Facility Dear Council Members: Over the last few A;eeks there have been various discussions between myself and the Dayton City .A:ttoniey and City officials regarding the issue of what entity would. own and operate the. proposed wastewater. treatment facility. The issues revolve primarily around control of the facility, assurance of capacity, and potential expansion of the plant. Otsego wishes to iliaintain control of the facility since it is within ifs jurisdiction and it will use the majori y of the plant's capacity, Dayton wishes to have;assurances . regarding access t' initial capacity, and assurances that the capacity. allocation: can be reasonably expand d. After a meeting last night, I believe that there was a .general consensus among hose participating that the two cities would proceed with the concept that the facility would be owned by Otsego, with contractual assurances to Dayton that they would have initial access to 100,000 gallons per day, or one third of the initial capacity. 200,000 gpd, or two thirds of the capacity woulid be dedicated to Otsego. Obviously; this is not a binding decision on either party at this port, The City of Dayton} would .assume an initial capital liability equal to one third the cost of the plant and Otsego would assume the other two thirds of the liability. It was generally uoderstood'that Otsego would have available and ultimate capacity that would be more tha .Dayton. Therefore, the.agreement would havq' a cap on ultimate capacity to Dayton.] , That number has not yet been determined. It sh6uld be understood Letter to Otsego Cif, Council z0'd EMSTvv 0i i,},10 mv1 T inoo 18 11 imZP'Qa 410214 Wdiz:20 L66T-SE-60 September 25, 1997 I Page 2 ' that it is possible tht throughout the :next twenty years or more that the ratio of capacity provided ley the plant may fluctuate back and forth betweenthe two communities. ' Specific criteria for! expansion of the facility will be set forth in an agreement, which will need to be approved by the Council's of both cities. It may. be determined that in. order to properlyU�plement the agreement that the two cities znay have to adopf sbvie uniform ordinancesl :related to wastewater treatment The City of Dayton did rat act on adopting the facility plan at its regularly scheduled meeting on Tuesday. Dayton apparently told some of their residents that they would provide them with additional information at their next regularly scheduled mee#ing on October 14. They may act upon the resolution adopting the facility 'plan at that time. it is my recommenation that if the Otsego Council wishes to proceed with, the project, that they pass the poposed resolution provided by the Engineer adopting the facility plan, and that they roceed to submit all needed material to the state in conformance with the previously a.gre�d upon time line. The resolution states that the City intends to proceed with the.prbject. This does not mean that there is an irrevocable commitment, but only that the C4has a good faith intention of taking reasonablg steps: to folloItyw through with the p�6ject. Obviously, if something arose during the process that invade the project imprud�;it it would be entirely up to the City Council to decide whether or not to proceed. 1 would also recomin.end that Otsego declare that the City of Otsego' vill'be the owner of the plant, with: the, intention of providing wastewater treatment seryice to Dayton through a user agreement. i If you have any questions regarding this matter, I will be availableo answer them at . the City Council meting this evening. Very ours, , MR i z0'd zEeeTvb 0i T,},}0 mgt l ino0 18 t I TmzPvd WMld Wd8Z:zo L66S-SZ-60 09_25-1997 03:29PM FROM Radzwill & Couri Law Offi TO 4418823 P.04 1 • 1 A f • i 1 qS, Aoujony AiYo aotkv",UoH 081000 • 1 .1 oois clog 'PI2la PaZ i uosaapUV UGSUMPH 'Poo�H U40 `qIzI OX q*f'Y PIAV `snug qog :oZ aftd ' 2661 'SZ r*gaio;daS i aLxtto� T� ofsono of nw-n TOTAL P.04 r I SEP -25-1997 17 33 CITY OF DAYTON P.01 12260 S. Diamond Lake Rd 01.1-iffig of Palutall Dayton, Minnesota 55327 (612) 427-45" Fax 427-37W RESOLUTION NO . -21-"P7 WHEREAS, the City of Otsego and the City of Dayton share a common border and have been discussing the construction by Otsego of a wastewater treatment facility (hereinafter "sewer plant") near said border; and WHFIUMS, both City Councils believe it is in the best interests or their respective cities to construct said sewer plant and to provide for the use of said sewer plant for the benefit of the citizens of Otsego and Dayton; and WHEREAS, to that end, the City councils have held various discussions regarding the location of said sewer plant, and the Dayton City Council held such a discussion at its regularly scheduled meeting on September 21, 1997; and WHEREAS, the Dayton City Council believes that the proposed sewer plant site referred to as site 1 2 would be the best lacatian for said sewer plant for both Otsego and Dayton. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dayton that the City of Dayton is strongly in favor of placing the above-mentioned sewer plant at Site P Z near river Level, behind the bluff line, on the east side of the horseshoe loop in the Crow River, as indicated on the map attached hereto and incorporated herein as Exhibit A. Passed this --;0 day of���.�+?�-�-� 1997, by the City council of the City of Dayton. Mayor ATTEST: /_ f City Clerk. SEP -25-1997 17:34 In r .Iz A CITY OF DAYTON J � $; J J � k W ?.tlnr� c W003Ln m U. i Ln i � = \ rn` it IN I P. 02 ee � tin! q= J J TO } J � C.7 ^ U- H L W rn ,U lU ~ K 1� _z 4 to O o z 1� n z rte- n n Y TAL P.02 City of Otsego Engineer's Agenda Items City Council Meeting September 25, 1997 8.1 Package vs. Custom Plant Decision Bonestroo indicated that the recommended alternative in the Facility Plan is a custom plant. The Council has not formally decided on this issue yet. The Council should be aware of what is being recommended in the Facility Plan prior to adopting the plan. 8.2 Consider Ownership of the WWTF This does not have to be a part of the Facility Plan, however, a declaration of ownership intent must be submitted to the MPCA by October 1, 1997. This is primarily a City Attorney issue. 8.3 Consider Adoption of Resolution Accepting Facilities Plan Bonestroo indicates the Facilities Plan is complete. We anticipate that copies were delivered to the City for review by 9/22/97. We have attached a Resolution for adoption by the Council. The Resolution indicates that the City adopts the plan and intends to proceed with the projects. The Resolution must be submitted with the Facility Plan. 8.4 Any Other Engineering Business a. Consider Adoption of Resolution Accepting Sanitary Sewer Collection System Study Attached is a resolution accepting the Sanitary Sewer Collection System Study. This resolution will be submitted along with the Facility Plan. The Resolution states that the City adopts the plan and intends to proceed with the project. b. Consider Adoption of Resolution Accepting Financial Plan Attached is a resolution adopting the Financial Plan as prepared by Juran & Moody. The Resolution states that the City adopts the Financial Plan and intends to pay for the collection system and treatment facility based on connection charges and user fees. Time is becoming short on a number of these issues. We request that the Council contact our office prior to the September 25 Council Meeting if clarification is required on any of the issues. OT910. iss m RESOLUTION NO. � -� — �3_ Resolution Adopting Facility Plan WHEREAS, the City Council of Otsego contracted with Bonestroo Rosene Anderlic & Associates, Inc. for preparation of a Facility Plan, AND WHEREAS, the Facility Plan dated has been presented to the Council, AND WHEREAS, the Council agrees that the recommended alternative presented in the Facility Plan accurately represents their understanding of the project. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO: The Facility Plan as prepared by Bonestroo Rosene Anderlic & Associates, Inc. is hereby adopted. 2. The recommended alternative as described in the Facility Plan accurately represents the Council's understanding of the project. Adopted by the Otsego City Council this o ,day of , 1997. Jerk ot607.rO Mayor RESOLUTION NO.PZ4 Resolution Adopting Sanitary Sewer Collection System Study WHEREAS, the City Council of Otsego ordered Hakanson Anderson Associates, Inc. to prepare a Sanitary Sewer Collection System Study, AND WHEREAS, the study, dated June 1997, has been presented to the Council, AND WHEREAS, the Council agrees that the recommended alternative presented in the study accurately represents their understanding of the project. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO: 1. The Sanitary Sewer Collection System Study as prepared by Hakanson Anderson Associates, Inc. is hereby adopted. 2. The recommended alternative as described in the Study accurately represents the Council's understanding of the project. Adopted by the Otsego City Council this""tray of 1997. A( , � erk ot607.rs 1 Mayor RESOLUTION NO.� �-S Resolution Adopting Financial Plan WHEREAS, the City Council of Otsego authorized Juran & Moody to prepare a cash-flow analysis related to the potable water, sanitary sewer collection and wastewater treatment systems prepared for the City, AND WHEREAS, the cash-flow analysis, dated September 12, 1997, has been presented to the Council, AND WHEREAS, the Council agrees that the cash-flow analysis represents a cost structure required to finance the potable water, sanitary sewer collection system and wastewater treatment systems for the City. AND WHEREAS, said cost structure utilizes connection charges and user fees to finance said potable water, sanitary sewer collection and wastewater treatment systems. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO: 1. The cash-flow analysis prepared by Juran & Moody is hereby accepted. 2. The cash-flow requirements for financing the potable water, sanitary sewer collection and wastewater treatment systems have been reviewed by the Council. Adopted by the Otsego City Council this "? Say of��� , 1997. Mayor Jerk ot607.rs2 CITY OF OTSEGO x�ttur.�r rux c:vul��iL t��,iiu:� II AGENDA SECTION: DEPARTMENT: MEETING DATE 11 9 COUNCIL ITEMS Elaine Beatty, City Clerk 9/25/97 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB, CC 9.2. a. Consider Applicant Michelle Tarka for Alternate Position Parks and Recs. BACKGROUND: Attached is the application for Michelle Tarka. The Park and Recs. Comm. has approved her for Alternate on Park and Recs. Commission contingent on Council approval. RECOMMENDATION: Staff recommends that the City Council review the proposed Application and interview Michelle Tarka if you feel you need to. Otherwise make a decision on the application you have here and Park and Recs. recommendation of approval. Thanks (:e:> Elaine OTSEGO, MINNESOTA PARK AND RECS COMMISSION APPLICANT QUESTIONNAIRE The City of Otsego has received your indication of interest to serve as a member of the Park and Recreation Commission. In order to assist the City Council in evaluating candidates and selecting individuals, you are requested to provide a response to the items listed below: NAME ADDRESS ql�4'0' Parx Inq' mn A\t M51 i SeciG PHONE Z41-043 Length of residency in the City 10 �ar� Do you work in Otsego? YES ii NO Please list community organizations in'which you are or have been involved: .l C�Y'n �� �,C�St2/ f.�(,ci'c��',✓1�� ���n fD / b'Uric�►'►t ��c�dttLi . �T r, Pw(_ aml kec u4;6ter, Sr cn6tiLy Sch�V tcmver) eu)d Cl- C; i r i &'0vt , Please indicate what qualifications or experience you may have which will assist the Parks and Recs. Comm. and the Nky ecitk(&6on iy►v 10'yiq -I•�+z NleSxr- Gc�Y��' er ,fit"2ruu�h un i trSity OF mlyinesuta � a I m s W -iv a ss 1s t *K_ C%►�n►��..sSicn en CNICes IWV vv--Wc need rc. (n,(Ke . AIS& 1 L'Y1�G� U_019 6^61vh_V°C Cts id bVu),kIG1 brim,, «ieki ' TV _Hle- COMAIS, Si,Cn. What do you consider the role and rVIsponsibility of the Park and Recs Comm.? fu br In j f"e G;rWYLWIa� aO au r c ince. mm-er! f U f t I e1r , j 'i''rU nq Con i nit u.V11 C �-b ur OTSEGO PARK AND RECS COMMISSION APPLICATION DUESTIONAIRE PAGE -2- What do you consider to be the major problems being confronted by the City of Otsego Park and Recs Comm? A F--ru Cc(YJ rr,tv) t� h6S m(tn J Mt(16, - STrn SL(ft , :T 60Kn Wt zn0u� htt. �r4ar w 16t iv unS�Jzr Lui thncj a ftior PiWim What do you consider to be the major assets of the community? (L hem fi {u Ctrl a to I ti;e in . T �tiuulGl toi(az T� kzq and u Jric.e' -t'k& iItr6 Cap Ifig Other comments: I d UO my i�? �� �. ��f�?1i. �'11) See r� �CYl'1 u 1 J`.l,-�iLY,i''�''.�Y!C i�✓v'riL�YI Cccfi��►t�S� SFS :,�, �ar�J 'L hts, V)&VjSL-' Her's) etc, I 4 ntitd Co y'. �t i;C�rvl yY�trn� Cine YI�(� ��nj t' GlS Q w ilo 1p- I exp CiGu(J LUtom► n i -,V schools. Please return this questionnaire in the enclosed, self- addressed stamped envelope within five days from the date of receipt. Thank you. CITY OF OTSEGO xr,t�ur;sr rux wu1��.;iL A1.11V1� AGENDA SECTION: DEPARTMENT. MEETING DATE 9.COUNCIL ITEMS Elaine Beatty, City Clerk 9/25/97 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 9.3. Consider Resignation of William Jones from Alternate P.C. Position (See Letter from William Jones) BACKGROUND: The attached letter from Bill Jones explains why he is resigning from the Alternate Planning Commission Position. (He is moving out of State) . RECOMMENDATION: Staff recommends that the City Council accepts William Jones Resignation from the Planning Commission Alternate Position. Thanks Elaine SEP -11-1997 17:33 r Otsego: City Council Otsego; MN 55.330 Members of the Council HONEYWELL nHBC EOG 612 954 5600 P.01 11 September 1997 It is withsome sadness that I ask to resign from the position of Alternate to the Plannirg Commission for the City of Otsego. I have accepted a position in Grand Junctapn, Colorado, which will require relocating there by the middy of September 1997. have very much enjoyed the opportunity to serve and to learn as a member of the Commission, and #o be involved in the City's growth. I appreciate your trust in me in appointing me to this position. It has been a good experience working with all of the City Staff and other Commission members. With this experience, I am ever more interested in becoming involved inmy future location with the City and it's functioning. Thanks forthe `time and opportunities here. Sincerely, William M Jones TOTAL P.01 CITY OF OTSEGO REOUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE I9.COUNCIL ITEMS Elaine Beatty, City Clerk 9/25/97 - I 5:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 9.4. Consider direction to Planner to continue work on Comprehensive Plan. BACKGROUND: The Inventory has been finished for the initial stage of the Comprehensive Plan Study update. The continuation of the Comprehensive Plan Update has been on hold until the decision for/or against sewer and water has been made. Now that the Hearing/Informational Meeting has been held on sewer and water, it is time to consider continuation of the Comp. Plan. NOTE: DAVE LICHT WILL BE AT THIS MEETING FOR A SHORT WHILE, SO POSSIBLY THE COUNCIL WILL CONSIDER CHANGING THIS ITEM TO BOB KIRMIS PLANNING ITEMS OR KEVIN KIELB OTHER BUSINESS ITEMS. RECO14MENDATION : Staff recommends that the City Council directs David Licht/Bob Kirmis to continue work on the comprehensive Plan. Than' Elaine CITY OF OTSEGO xr:�u�:ar rux t-UUIvk-iL IkJiN AGENDA SECTION: DEPARTMENT: MEETING DATE 9.COUNCIL ITEMS Elaine Beatty, City Clerk 9/25/97 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARta) tix : EB,cc 9.5. Discussion and decision Re: Headstart rental/grant BACKGROUND: The City signed a Lease Agreement for Headstart to lease the Old City/Town Hall Building. They did some repairs and updates before they moved in. They also just found out they received a $12,000 Grant to replace the Steps and do some other work inside. One of the things they request is to be able to lease the building another five years. Attached is a copy of the original lease for your update and information. RECOMMENDATION: Staff recommends that the City Council make a decision to allow Headstart to continue leasing for five more years. (They are helping with upkeep of the building for the City. Than Elaine LEASE AGREEMENT This lease agreement (hereinafter called the "Lease Agreement") made as of July 19, 1993, by and between the City of Otsego, a Municipal Corporation under the laws of the State of Minnesota (hereinafter called the "Landlord"), having offices at 8899 Nashua Avenue NE, Otsego, MN 55330, and Wright County Community Action, Inc, (hereinafter called the Tenant). For and in consideration of the sum of $1,000.00 in hand paid by each of the parties to the other, and other good and valuable consideraton receipts and sufficiency of which is hereby acknowledged, Landlord does hereby lease and let unto Tenant, and Tenant does hereby hire, lease and take from Landlord, that area outlined in red on Exhibit A-1 attached hereto, and by this reference incorporated herein, and desribed as portions of the Old Otsego City Hall, consisting of approximately 1200 square feet of rentable area (hereinafter called the "Premises") at 13474 NE 94th St., (hereinafter called the "Building") in the City of Otsego, County of Wright, State of Minnesota. ARTICLE 1 - TERM To have and to hold said Premises for a term of Five (5) years commencing August 1, 1993 and terminating July 31, 1998, (hereinafter called the "Term") upon the rentals and subject to the conditions set forth in -this Lease Agreement. and the Exhibits attached hereto and further-subject-to- yearly urthersubjecttoyearly review for reasonable adjustments in rental rate which may be required due to increases in costs or changes in the condition of the premises which are not delineated in Article e of this Agreement. The commencement and termination dates are specifically subject to the provisions of Article 5 hereof . " DEFINITION= LEASE YEAR The term "Lease Year" shall mean and refer to each period of twelve (12) calendar montf-Is during the term of this Lease beginning on Auclust 1 and terminating on the following Jul,/31. _I- ARTICLE 2 - USE The premises shall be used by the Head Start Center solely for the following purposes= (See Attachment A-2) ARTICLE 3 - ASSIGNMENT AND SUBLETTING Tenant acknowledges that Landlord, in making this Lease, is relying upon the particular credit, reputation and experience of Tenant, therefore neither this Lease nor any interest thereunder may be assigned, nor may Tenant sublet or license any part of the Premises, whether by voluntary act, operation of law, or otherwise, and Landlord shall have no obligation to recognize any such purported assignment, subletting or license. The acceptance of rent by Landlord from any other person than Tenant shall not be deemed to be a waiver by Landlord of this paragraph. ARTICLE 4 - RENTALS Tenant agrees to pay to Landlord a minimum rental (hereinafter called "Minimum Rental") for the Premises, without notice, set-off or demand, the sum of $500.00. paid in monthly installments to be due and payable annually by Tenant in advance on the first day of each calendar month during the term of this Lease Agreement, or any extension or renewal thereof, at the office of Landlord set forth in the preamble to this Lease Agreement or at such other place as Landlord may designate. In the event of_ any. fractional_..._ calendar month, Tenant shall -pay for each day in such partial month a rental equal to 1/30 of the Minimum Rental. Tenant shall pay rent only for months of actual facility use or fractions thereof. No rent shall be paid during non-use periods where equipment and supplies are retained on the premises. If periods of non use amount to more than three months in any calendar yer, the Landlord may, at its discretion terminate this lease upon 30 days notice and lease the premises to another party. The amount of 61,000.00 (rent payment for the first and last month) is payable at the point of signing this Lease Agreement. ARTICLE 5 - POSSESSION Except as hereinafter provided, Landlord shall deliver possession of the Premises in the condition required by this Lease on or before the date hereinabove specified for commencement of the Term, but delivery of possession prior to such commencement date shall not affect the expiration date of this Lease. Failure of Landlord, clue to a holding over by -2- a prior tenant or time required for construction delays due to strikes, acts of God, or any other causes beyond the Landlord's control, to deliver possession of the Premises by the date hereinabove provided, shall automatically postpone the date of commencement of the Term of this Lease and shall extend the termination date by periods equal to those which shall have elapsed between and including the date hereinabove specified for commencement of the Term hereof and the date on which possession of the Premises is delivered to the Tenant. The rentals herein reserved shall commence on the first day of the Term, provided, however, in the event of any occupancy by Tenant prior to the beginning of the Term, such occupancy shall in all respects be the same as that of a tenant under this Lease Agreement, and the rental shall commence as of the date that Tenant enters into such occupancy of the Premises. Landlord shall have no responsibility or liability for loss or damage to fixtures, facilities or equipment installed or left on the Premises. By occupying the Premises as a Tenant, or to install fixtures, facilities or equipment, or to perform finishing work, Tenant shall be conclusively deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this Lease. Should the commencement of the rental obligations of Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purpose of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant's rental obligation commences, or the first day of the first full calendar month following the commencement date set out in Article 1 (if such is other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly, provided whoever, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out in Article 1. Immediately after Tenant's occupancy of the Premises the Landlord and Tenant shall execute a ratification agreement which shall set forth the final commencement and termination dates. Tenant shall have sole possession and use of the main floor during months where rental is paid. ARTICLE 6 - UTILITIES AND SERVICE A. Landlord agrees to furnish water, electricity and .janitorial service and agrees to provide lawn mowing/trimming, rubbish removal, and snow/ice removal of parking areas and walkways. In the event Tenant's requirements and/or usage of such utilities and services substantially greater than is customarily supplied to a typical tenant in the Building, or in a first class office building in the community (whichever is lesser standard), -3- s andlord mai determine the differences in such recaui.remsnt and/or usage and appropriately adjust. Landlord agrees that no adjustment to cost will occur for utilities/servicas until the third Year and said adjustment will be mutually agreed upon b, tenant and Landlord prior to adjustment. S. Landlord agrees to furnish heat and cooling during the usual heating and cooling all during normal business hours as defined this Lease Agreement. C. No temporary interruption or failure of such utilities and services incidental to the making of repairs, alterations or improvem:�nts . or dt.ae toac: idents or strike or conditions or events not under Landlord's control, shall be deemed as an eviction of the Tenant or relieve the Tenant from any or the Tenant's obligations hereunder. C,. t -or thy- purposes of this Article 6, normal business ;-,outrs shall be: deemed to mean the period of time between 8:00 AM and s=oo PM Monday through Friday and specifically excluding legal holidays on which the City Offices are not open. E. Any use of the Building outside of regular business hours shall result in an additional use charge. This charge will be set by the Landlord. Landlord will allow use of building for evening meetings at no additional charge. F. Anything elsewhere provided in this Lease to the requ -shall-- -- - contrary notwithstanding,-_La_ncll.o_r d_ .._not be quer y _ to provide ,janitorial services not to a greater frequency or quality standard than every other day during Monday -Friday tenant. operation. Landlord will assess an additional fee for services needed because of Tenant use on Saturdays and/or Sundays. G. Tenant will be allowed to install its own telephone service and will be responsible for all installation and use charges. ARTICLE 7 - NON -LIABILITY OF LANDLORD Except in the event of negligence of Landlord. their agents, employees or contractors. Landlord shall not be. liable for any loss or damage for failure to furnish heat, air conditioning, electricity, elevator service. water, sprinkler system or janitorial service, nor shall Landlord be liable for Personal injury, death or any damage from any cause about the Premises or the Building. ARTICLE 8 - CARE OF PREMISES A. Tenant agrees- 1. Not to commit any nuisance or waste e the Premises,'overload the Premises or the electrical. water and/or plumbing facilities in the Premises or Building, throw foreign substances in plumbing facilities, or waste any of the utilities furnished by Landlord; 2. To abide by such reasonable rules and regulations as may from time to time be reasonably promulgated by Landlord. B. If Tenant shall fail to keep and preserve the Premises in the state of condition required by the provisions of this Article 8. the Landlord may at its option put or cause the same to be put into the condition and state of repair agreed upon, and in such case the Tenantv on demand, shall pay the cost thereof . C. At no additional cost to Tenant, Landlord shall maintain the premises and keep the same in good order and repair, provided however, that Tenant shall reimburse Landlord promptly on demand for any loss or damage (other than reasonable wear and tear) to the Premises or the building or the grounds upon which the building is sited caused by Tenant's negligence or that of Tenant's employees, agents, students or invitees, or by vandalism occurring to the premises during Tenant's occupation and control thereof, or otherwise reasonable attributable to Tenant's occupation of the premises. -- D. Tenant acknowledges that Landlord has -made no representation with respect to the suitability• of the premises, building or surrounding grounds for Tenant.'s .nt::nded purposes, nor whither the same conforms to any applicable governmental ordinances and licensing •iPquii"ements . ARTICLE 9 - UNLAWFUL USE T,--'nant aqj-ae?s to use the Premises only for the Purpoaes set forth in Article 3 hereof. Tenant further ac;'raes not to t act *.o ,)e performed on t -he Premisi--s. or commit or permit _ : many a any emission to occur which shall be in violation of any � orstatute:, j,pgul•ation 4-)r ordinanc.e of any go ernmental body. which will increase the insurances 'i rates Oil the euildincg 7r which will bis in violation of any 1n urance, p" icY on the 3u i l din by the Landlord . The Tz nant shall not 1 QUll;lin-_r by m34:inS.< any l.lndUc^: r not do or permit to or i_ n!F.e;:m1y noi��e o•r otherVJi.^e :;.v.� s��:ill (Joni-, <)r lb<aUt til? r."i'?ffli�c% :arl;�rt'i] n ' Whl:h W111 ��r' b:. in r �c t,�, srri• tly '_<:mil'% ; .;i :e.i_I� t':, ? if iamt:. Tenant < ; ' .._ii': t'.�_I f . _ i_l 1 317 .. S- regulations applicable to its stated use of the Premises, pursuant to Article ? of this Lease. ARTICLE 10 -INSPECTION The Landlord or its employees or agents shall have the right without any diminution of Rent or other charge payable hereunder by Tenant to enter the Premises at all reasonable times for the purpose of exhibiting the Premises, -to prospective tenants or purchasers, inspection, cleaning, repairing, altering or improving the same or said Building, but nothing contained in this Article shall be construed so as to impose any obligation on the Landlord to make any repairs, alterations or improvements. ARTICLE 11 - ALTERATIONS Tenant will not make any alterations, additions or improvements in or to the Premises or add, disturb or in any way change any locks, plumbing or wiring therein without the prior written consent of the Landlord as to the character of the alterations, additions or improvements to be made, the manner of doing the work, and the contractor doing the work, The Landlord as a condition of said consent may require a surety performance and/or payment bond from the Tenant for said actions. Tenant agrees to indemnify and hold Landlord -free and harmless from any liability, loss, cost, damage or expense ( including attorney's fees) by reasons of any said alteration, repairs, additions or improvements. Landlord may decline to consent to any alterations, additions or improvements by Tenant. Landlord agrees to_ permitalterat i.ons identified in attached improvement list (Exhibit A-;:) at the expense of the tenant. Tenant will not be required to remove alterations when the lease is terminated, except upon mutual agreement of both parities. ARTICLE TZ - SIGNS Tenant agrees that no signs or other advertising materials shall be erected, attached or affixed to any portion of the interior or exterior of the Premises or the Building, Space will be provided for tenant to erect signs in conformity with the standards silt by the Landlord. ARTICLE 13 -COMMON AREAS AND PARKING Tenant agrees that the use of all corridors, Gaz:sageways. elevators. toilet rooms. unrastricted par inti arou"d said Building, by the Tenant. or Tenant's -mployees • ,,,1 itors or i nvitees . Shall be `=� ;end -1-?-gu l.at i. <-)n^ •3 E? m<.ly 4;1-()m h imc= i.o t lm=' be made: 1:>';, L .gin„lord for and :Cur --111 :... 1Tl i�... :ill•J l.T�`lir•�', ;�f �.a L''� �U 1..� :� .'. :- . Landlord shall have the right to make changes or revisions in the site plan in the Building so as to provide additional leasing area. Landlord shall also have the right to construct additional buildings on the land described for such purposes as Landlord may deem appropriate. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, parked or left in the parking areas of the Building. Tenant further agrees not to use or permit its employees, visitors or invitees to use the parking areas for overnight storage of automobiles or other vehicles. ARTICLE 14 LOSS BY CASUALTY If the Building is damaged or destroyed by fire or other casualty, the Landlord shall have the right to terminate this Lease Agreement, provided it gives written notice thereof to the Tenant within ninety (90) days after such damage or destruction. If a portion of the Premises is damaged by fire or other casualty, and Landlord does not elect to terminate this Lease Agreement ,the Landlord shall, at its expense, restore the Premises to as near the condition which existed immediately prior to such damage or destruction, as reasonably possible, and the rentals shall abate during such period of time as the Premises are untenantable or partially tenantable, in the proportion that the untenantable or partially tenantable portion of the Premises bears to the entire Premises. ARTICLE 15 - WAIVER OF SUBROGATION Landlord and Tenant hereby release the other from any and all liability of responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property caused by fire or any of the extended coverage or supplementary contract casualties, even if such fire or other casualty shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible, provided however, that this release shall be applicable and in force and effect only with respect to loss or damage occurring during such times as the releasing party's polices shall contain a clause or endorsement_ to the effect that any such release shall not adversely affect or impair said polices or prejudice the right of the releasing party to recover thereunder. Landlord and Tenant agree that they will their inSuranre carrier to include in their policies such a clause or endorsement. If extra cost shall be charged t_h-arefor, . each party shall advise the other of the amount of the extra cost, and,the other party, at its election, may pay th ; -3.:3me , but shat L not be obligated to do so. -7- and all liability of responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise f -or any loss or damage to property caused by fire or any of the extended coverage or supplementary contract casualties. even if such fire or other casualty shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible, provided however, that this release shall be applicable and in force and effect only with respect to loss or damage occurring during such times as the releasing party's polices shall contain a clause or endorsement to the effect that any such release shall not adversely affect or impair said polices or prejudice the right of the releasing party to recover thereunder. Landlord and Tenant agree that they will request their insurance carrier to include in their policies such a clause or endorsement. If extra cost shall be charged therefor, each party shall advise the other of the amount of the extra cost, and the other party, at its election, may pay the same, but shall not be obligated to do so. ARTICLE lb - EMINENT DOMAIN If the entire building is taken by eminent domain. this Lease Agreement shall automatically terminate as of the date of taking. If a portion of the Building is taken by eminent domain the Landlord shall have the right to terminate this Lease, provided it gives written notice thereof to the Tenant within ninety (90) days after the date of the taking. If a portion of the Premises is taken by eminent domain and this Lease :agreement is not terminated by Landlord, the Landlord shall, at is expense. restore the Premises to gas near the _ condition which existed immediately prior to the date of taking as reasonably possible, and the rentals shall abate during such period of time as the premises are untenantable, in the proportion that the untenantable portion of the Premises,bears to the entire Premises. All damages awarded for such taking and -r the power of eminent domain shall t, s property of Landlord. i'rraspecti :tG :.�elc,n�� tc> and be pie ole P Of the basis upon which they are awarded. ARTICLE 17 - SURRENDER On the last da., of the Term Of this Lease Agreem�rit or, " ' n a coT-danc� t.h til - on t��e sooner termination thereof ili terms he-raot . tenant shall peaceably surrender the Premises -, ; ;: iTl �C;d .�ondition and r ,P lr consistent With I•=nuTlt a T `v' make T ePa1T S as p'rvvld+._'d In rAI-ti(;lc ahc'r';�T 01, 01 :gild 1.3cct r�". Tenant shall at. its ?xpense, r^(n•.;Ve all .')f it.s equipment from thie Premi—es , i-:?Pali-LTl' any ads-!— d the r .b•,` . 3nd an' property not removed shali b;;:, 'aLari<�)n�.d. ril! ilt=.T"::r lona _zddltlons .end fixture:= atiiF?r ;rIUlC't1T=Tit. ;h1':h h•ve b•'. Tl ifTa�,c �'i" _il*•?11" -! i�•.i i.t•;-i, .. '..ln�'��.',;•� :.,i I :n-i1?t l.l:�<•.n ''��<_. r, fili �ai•y ?hall T->�f1't::?1. T1 a' Landlord's propert and shall be surrandared with the premises as a part thereof. or shall be removed by Tenant, at the option of Landlord. in which event Tenant shall at it's expense repair any damage: caused thereby • If the Premises are not surrendered at the end of the Term or the sooner termination thereof, tenant shall indemnify Landlord against loss or x.iabii7.ty resulting from delay by Tenant in so surrendering the Premises, including, without limitation, claims made by any succeeding tenant founded on such delay, including attorney's "fees. Tenant shall promptly surrender all keys from the Premises to Landlord at the place then fixed for payment or rental and shall inform Landlord of combinations'on any locks and safer on the Premises. Tenant will not be required to remove or pay for removal of .aploroved alterations, addition.- or fix tures when the premises are surrendered. Except upon mutual agreement of both parties. ARTICLE 18 - NON-PAYMENT OF RENT DEFAULTS If any one or more of the following occurs: (1) a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part c -f or mol -6 than ten( 10) days after same is due and payable; ('2) Tenant shall violate or default on any of the of her covenants. agreements, stipulations or conditioner: herein, and such violations or default shall continue for a period of ten (10) days after written notice from Landlord of such violation of default; or (3) if Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy. 'receiveT'ship. insolvency or similar type of action, then it shall -be optional for Landlord to declare this: Lease Agreemant forfeited and the said term ended, and to re-enter the Premises, with or without process of law, using suck-. force as may be necessary to remove all persons or chattels therefore, and Landlord shall not be liable for damar.es, by reason of cu:;h re-ent y or forfeiture, but notwithstanding r; �rltrY ��•'; Landlord for forfeiture or termination oll, thia Lease Agreement, the Liability of Tenant for the -rent and all oth: -- sums Provided for here in shall not be relinquished or extinguished for the balance of the Term (:f this Lease P,cir ement . Tenant shall be responsible tar , in addition to the rentals and other" SUms IA �:_ k� r:al a _i"a3llnd:'r slit ".i additional sums as the Court mayad.iudic.ite as: .'e?as0nable .att.orney's fet's .in an% suit, or acti'>n ln•stitut,)d Jy LandUl )" enforce the provisions of this Lease, cr the cc>! l: ctian :r Tan -ant shay_ plus b�_ l sbl_ t:, Landlord for the payment =:t i.iltJr :=- t :if �Ih„i Cj?T T111'� :li J. r"•31: :t interest :.al oWi�d UTIIJ:-'T" the LISUr'`i �t•:i1;.Ut.:.-- :�f the C`.cir3 ��1^J�1`LnT'•'=Cita. or.h -- nCi �!I•�i �a}:i171UTfr r it�c i7f 1...' -�.r" annum. on .a J. J `: r:%iltals and Ddu•: _an_,l'-r.. ��."� .rr..: r nc• -9- ten (10) days from the date same become due and payable In the -event that the tenant is no longer able to operate a Head Start center from the facility due to loss of funds, changes in law, rules, regulations or licensing ic nsingty for standards the tenant will be released from all rent and all other related expenses for the lease agreement, provided that Landlord is provided with sixty days notice of such termination of operation and has paid to date all obligations due under this lease. ARTICLE 19 -LANDLORD'S DEFAULT Landlords shall not be in default unless Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord, Owner, and to the holder- of any first mortgage ( Owner 's mortgagee) covering the buildings whose name and address shall have theretofore have been furnished to Tenant in writing specifying wherein Landlord has failed to perform such obligations, provided, however, that if the nature of Landlords obligations such that more than (30) days are required for performance then Landlord shall not be in default if Landlord commence performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. ARTICLE 20 - HOLDING OVER - - -- In the event Tenant remains in possession of the premises herein demised after the expiration of the Term of this Lease Agreement and without the execution of a new lease, it, shall be deemed to be occupying said premises as a tenant from month-to-month only, subject to all the conditions, provisions and obligations of this Lease Agreement insofar as the same can be applicable to a month-- to-month tenancy. ARTICLE 21 - SUBORDINATION Tenant agrees that this Lease shall be vubor ,Jin=.te. tiny mortgage(. s) that may now or F-,P�-eafter be placed upon the Buildin.q or any part thereof . and to any and all ad.,anc:es to b made thereunder-, and to the interest thereon, -and all r newal rep! a �eme:nts . ane; extensions thereof . ARTICLE 22 - INDEMNITY, INSURANCE AND SECURITY L "IO liability insurance with respect to the premises in which ,jot,' T,-nant Landlord d �i'iall be named .3� ln�:llr d 11l COmpanIe and in form -acceptable to Landlord with minimum limito of Six -iundred Thousand Dollars ( 16600 ,000 ? . ( $600 .000 ) On account of bol -lily Ln.)u•. ' cr death of onto pel son. and One Million Dollars (,!$I ,000,000 ) on acC:Dunt Ot bodily 1nJuries or death of more than one peT-^-on as the result Of any One accident Or u1`_aster, and property dama0e insurance- .,jit.h minimum limit of 0ne Million Dollar ( s1 ,000 .000 ). Tenant will,.further d p.o'sit with. L- ndlcrd the Policy or Policies of such ln'sui-ance or certificates there(_)} . Ol- otf)er acceptable evidence that such insurance is in effect. which evidence. shall Provide that Landlord shall 10" e notifiedl In writing, thirty (30) days Prior to cancellation.. material change, Or f filar_ tc ranew the insurance. Tenant further covenants anti' acirees co indemnify and holl.J., Lan•:ilord ilarmless for any loss or damage, including reasonable attorney's fees, suffered b,,. LanClord or Landlord's other tenant: caused by any act or omission by Tenant, employees, or anyone Maiming through by Tenant in, Or around the premises or thie BI_lilding. If Tanant shall not com^ly with its covenantz made _n this Article 22, Landlord may, at its option, cause insurance as aforesaid to be issued. and in such event Tenant agrees to pay the premium for such insurance promptly upon Landlord's demand. Tenant shall be Yesponsible for the -ecurity and sa1-eguarding of the premises and all pr oGer`; IF=pt. St.C're maintained in the premises. Tenant represents that it is satisfied that the ns'trl_lction of the Building and the premises, including the fLoor^ walls, windows. doovs and means of acce!�_--a therllto sUitabla for the particular needs Of tenant's bLlslneas . Tenant further represents that it i_ sat.3fj'od with the ur lt'>' of Said Building and :)remises for the Protst �ion Ui arty pro^ei-ty which may be owned.. h:al.d. stor.,d or otheT-wise Ll�c OY pc'. illi`trd by Tenant. to be present upon th-S premises: The plat<�msnt -and suffi<_i�n'::. :.f rj1_1 safes. iau t oases or- c ur it'i draUJer _ . cabinets or the like placed upon the p'I amis,o b, Ten.:�nt'Z be at th!. s0lc responsibility and ri-sk of Tenant. Tenant shall maintain in for _,= throucrhl ,ut. t1 --it': Term. upon all cont_ nts of premisesincluding that owned b; others. T7Dnant shall not be i _�pon�_b1._. i'.•T" m�int.zirT_n- on sn'/ r'ontent= ovine I i', =>t her C�3r :1 who ma,,, use til•_ 1'a!:;111ty. ARTICLE 23 -NOTICES n1l nCitl�::.'a 1'i <?rfl T<'.nan` an" };;'r•= , rl „L. this L Inont =hall be a :r.;;•:i;. :^i i1 a :r�_i L., -'i al..t ffl... _ _ i t .= i`.i:i'r• 1=i .L:�=Ci i i JL_iilCil,'i' :i1 ail= Cifil�l!� - 'fll-?1' ':I 1,? Ti be advised to use by Landlord. A i i notices from Landlord to Tenant required or permitted by any provision )f this Lase Agreement shall be directed to Tenant, postage prepaid, certified or registered mail, at such address as Landlord shall be advised in writin- to use b;' Tenant. Landlord and Tenant shall each have the right at any time and from time to time to designate one (1) additional Party to whom copies of any notice shall be sent. ARTICLE 24 - APPLICABLE LAW This lease shall be construed under the laws of the state of Minnesota. ARTICLE 25 - MECHANICS' LIEN In the event any mechanic's lien shall at any time b;_ t_le`t�yainst the oremises or any part Of the Suilding b'y' r easonof wo-.-k, labor, services or materials performed or furnished to Tenant or to anyone holding the pramises through or under Tenant, Tenant shall forthwith cause the same to be discharged of record. If Tenant shall fail to cause such lien forthwith to be discharged within five (5) days after being notified of the filing thereof, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed to be due, or by bonding, and the amount so paid by Landlord and all costs and expenses, including reasonable attorney's fees incurred by Landlord in procurin:; the discharge of such lien, shall be due and payable in full by Tenant to Landlord on demand. ARTICLE 26 - SECURITY INTEREST Tenant hereby grants to Landlord in the sola event that Tenant shall become delinquent in the rant required to -% to Landlord a financing statement avidc-ncing such security interest. ARTICLE 27 BROKERAGE Each of the parties represents and warrants that there are no claims for brokerage commissions or finder's fees in connec,tion with this Lease Agreement, and agree to indemnify the other against, and hold it harmless from all -liabilities arising from any such claim, includin without limitation, the cost of attorney's fees- in connection therewith. ARTICLE 28 GENERAL This Lease does not create tiie relationship of principal and agent or of partnership or of any association between Landlord and Tenant, the sole relationship between Landlord and Tenant being that of landlord and Tenant. No waiver of any default of Tenant hereunder shall be implied from any omission by Landlord to talo ani' action on account of such default if such persists or is repeated, and no express waiver shall affect any default specified in the express waiver and that only for the time and to the extent therein stated. Each term and each provision 'of this Lease Agreement performable by Tenant shall be construed to be both a covenant and a condition. The marginal or topical headings Of the several articles, paragraphs and clauses are for convenience only and do not define, limit or construe tyre contents of such Articles, paragraphs or clauSeS. All preliminary negotiations are merged into and incorporated in this Lease Agreement. This Lease agreement can •Drily be modified or amended by an agreement In writing and signi-d �• ' the parties hereto.. All provisions hereof shall be binding upon the heirs, successors and assigns of each party ho?r-eto. ARTICLE 29 TAXES ince the premises are presently classified as tax exempt, tenant agrees to pay before delinputnt any estate taxes or Personal property taxes which may be assessed the !premises or the building under. M.S. 272.6s Su"<-' ., or ether applicable statutes, by reason =-,f this Ton:ant3 use or occupation of Y_h2 tlF'c)i? sQ.u.ar: footara leased. -/3- ARTICLE 30 - PUBLIC BUILDING AND OTHER USES Tenant -acknowledges that the building is a property of the public` and further that Landlord may from time to time: lease or license the use of portions of the building and surrounding grounds other- than the leased premises to third persons, and that the right of access and use of portions of the building other than the leased premises. the common areas of the building, and the surrounding public, such other tenants and the invitees of such other Tenants. ARTICLE 31 - MAJOR STRUCTURAL OR EQUIPMENT FAILURE In addition to the rights of the parties in the event of a casualty to the building, in the event that an essential ma,;or structural component or an essential major operating equipment or system should so fail or deteriorate during the term so as to require a major capital expense by the Landlord in order to permit the safe and comfortable occupation of the building, Landlord at its option, and upon as much notice as the character of the failure should permit, may terminate this Lease as of a specified date, and rent shall abate and be adjusted to such termination date, or to the last date upon which the leased premises were usable before the occurrence or discovery of such failure, whichever date shall be earlier, so long as such termination by the Landlord is of good faith. Landlord shall not be liable to Tenant for any damages or consequential expenses by reason of such early termination. Without limiting the generality of the foregoing. it is expressly agreed that a failure of the boiler or ether major component of the heating system, or the need for the replacement of a major portion of the roof surface shall be deemed failures or deteriorations of such major stature. ARTICLE 32 - CONDITION OF THE PREMISES Tenant acknow 1edg<�s that it has !-gad adequate opportunit;• to inspect the premises, the building and the surrounding groundz . and that- it- accepts the same in their- present condition.. without any duty upon the Landlord to improve, alt.tr or r:ePlace any poi -tions thereof. ARTICLE 33 - ALTERATIONS Tenant mu:.:t )-elc civ. — appro\.-al from the Landlord prior to the installation of any type of air conditioning eq'uipm_�nt. T:?nant a�!;n�����l.:d thrr e may b�, an ._rdditional post to the Tenant if an,,, such equipment is. iristallad. idemifi .d -rt `!w? : xr_-en' of the ten --w- . F J I#109 J172100 86 IN #044 1-1 txnioic H l Milk' 5 0"*" 9110111, 85 . w ' 8 17 6 15 v i 8 4� T'° C w � I 2 13 4 � I , 3rd ST. N. E. � � 7 5 z CITY � 1110 OF w � HL s Z 76 N.E. 95th S-1 Cl3 wI 13481-30 049010 49 0 I 5th #040010 OTSEGO RENOVA-T-ON EST_NATES �. Lavatory - Tcso ( 2 ) toilet:, - Two (2) privac7 panels - One (i) vanity/two (2) sinks/faucets �. . 2. 11 toh en - One (1) three (3) compartment sink/faucets - One ( 1 ) single hand sink - One (1) upper storage cabinet 3. 3itchen/Bath wall removal/repair 4. Door removal and relocation to bath 5. Plumbing rough in kitchen/bath S. Floors - Hardwood floor sanding/sealing Exhibit A-3 $1,275 275 75 770 1,600 7. Interior walls repair/paint 11355 i t 8. Exterior - One (1) steel door - Replace four (4) panes of glass - Install lock/dead bolt - Repair front steps - Repair handrail 675. TOTAL $7,355 All e--t.imates include labor/material. Exhibit A2 Wricht County Cormar_ity Actic:z :iead Start wi:l D'lo;-ids the fcllcwing center based program at the Ctszga C'ty Hdli site identified -Ln this leaze 1. Provide -Head Start class aC,-_ : ,-, r _e for p to trllc2 (3) , f �; iLL1 r,ri _+�_ y� o .J ar •••� LWcTl�:.✓ �y�rij ct: a : e (5) Year cld chl ldre : and their families . � . ^� OVide up to chrce (3} sc:hed::ied me als/snacper er tea} �. 3 . F�-ovidc t_-ansparta , ion for e ,ro? _ed c' _dren/fa:ri I .:= 1cs 4. Provide for pa: en;, c^ -r i L t ee mee z ?s •,, ,m to be heic;; caring Che evening hours. 5. Provide parent ed1.1cat-Uri/ tr a.=.i; Ln expe.r_i A_*"c s �. Provide outdoor play. Provide other activiti?s re'4uired LF Head 2 --art g- ees by Federal and State f and ng scurces . pending approval or WCC Ex�cut_�Te D� _ s r OTS GO RENOVATION ESTIMATES 5/11/93 ' Lavator.T T,;o ( " ) toiletZ Two pr4vae7 panels One (1) van- 1,,7/twc ( 2 ) sinks/faucets ♦�♦ T •1 e 2. .1 - V�r.+.,n - One (1) three (3) compartment sink/faucets - One 1") singla hand sink - One (1) upper storage cabinet 3. Eitchen/Bath gall removal/repair 4. Door removal and relocation to bath 5. Plumbing rough in kitchen/bath 6. Floors - Hardwood floor sanding/sealing 7. Interior walls repair/paint 8. Exterior - One (1) steel door - Replace four (4) panes of glass - Install lock/dead bolt - Repair front steps - Repair handrail TOTAL All estimates include labor/material. Exhibit A-3 $1,275 275 75 fV 770 1,600 1,355 CITE' OF OTSEGO x�.ut,�r:�r rux �v�Lr1.1L Al., 11V�� II AGENDA SECTION: DEPARTMENT: MEETING DATE 11 9.COUNCIL ITEMS Elaine Beatty, City Clerk 9/25/97 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB , CC 9.6.A. Consider renewal of Insurance W/L.M.C. (See attached information form Dan Greene, First National Ins. Co. BACKGROUND: Originally, Dan Greene was on Open Forum. He has a family occasion in New York that came up suddenly. He said if you wish, he will come when you want to explain the Renewal Premium. The same thing he has always told us holds true. 1. This insurance is the lowest around (Other agencies will not quote it) 2. This is much broader coverage than others will provide. 3. We have self insurance and get a rebate of premium every year. This year we have already received one and another is on its way for Workmen's Comp. rebate. RECOMMENDATION: Staff recoTumends that the Citv Council make a decision to acprove Renewal Premium as noted in letter attached dated September 5, 1997. Tha. s Elaine LMC (,vague of Minnesota Cities Ci''-omoting excellence First National Insurance Attn: Dan or Sandy Greene 716 Main Street Elk River, MN 55330 145 University Avenue west, St. Paul, ININ 55103-2044 Phone: (612) 281-1200 • (800) 925-1122 Fax: (612) 281-1299 • TDD (612) 281-1290 Date: September 5, 1997 Re: City of Otsego Eff. Date: 9/25/97 RENEWAL PREMIUM SUMMARY AND BINDER THIS YEAR LAST YEAR *Property $2,159. $2,278. *Inland Marine 667. 676. *Municipal Liability 10,539. 10,362. *Automobile Liability 726. 741. *UM/UIM 50. 50. *Automobile Physical Damage 1,137. 1,027. *Crime 83 • 83. *Bonds 330. 324. Open Meeting Law 500. 500. TOTAL $16,191. $16,041. *Deductible: $1,000. WORKERS COMPENSATION $4,075. $4,489. STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES Grantor Program: Federal Disaster Assistance 97-12 D KNIZE i Lin DR- 1187 11: RESOLUTION AUTHORIZING EXECUTION OF SUB -GRANT AGREEMENT Be it resolved that CITY OF OTSEGO + (Name of organization/Local Unit of Government) enter into a Sub -grant Agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for the program entitled Infrastructure Program for FEMA 1187 - DR -MINNESOTA. Elaine Beatty, City Clerk/zoning Administrator is hereby authorized (Name and Title of authorized official) to execute and sign such Sub -grant Agreements and amendments as are necessary to implement the project on behalf of CITY OF OTSEGO (Organization/Local Unit of Government) I certify that the above resolution was adopted by the MAYOR AND COUNCIL (Executive Body) on SEPTEMBER 25, 1997 (Date) SIGNED: (Signature) LARRY FOURNIER (Title) MAYOR 9/25/97 (Date) CITY OF OTSEGO (Organization/Local Unit of Government) WITNESSETH: (Signature) ELAINE BEATPY (Title) CITY CLERK ZONING ADM. 9/25/97 (Date) MPS -DEM December 4, 1995 20 STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES Grantor Program: Federal Disaster Assistance DR- 1187 97-12 EXHIBIT V PMOLUTION RESOLUTION AUTHORIZING EXECUTION OF SUB -GRANT AGREEMENT Be it resolved that CI'T'Y OF OTSEGO (Name of organization/Local Unit of Government) enter into a Sub -grant Agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for the program entitled Infrastructure Program for FEMA 1187 - DR -MINNESOTA. Elaine Beatty, City Clerk/Zoning Administrator is hereby authorized (Name and Title of authorized official) to execute and sign such Sub -grant Agreements and amendments as are necessary to implement the project on behalf of CITY OF OTSEGO (Organization/Local Unit of Government) I certify that the above resolution was adopted by the MAYOR AND COUNCIL CITY OF OTSEGO (Executive Body) _ (Organization/Local Unit of Government) _-- on SE?=ER 25, 1997 (Date) SIGNED: (Signat e Y FOURNIER (Title) MAYOR 9125197 (Date) MPS -DEM December 4, 1995 WITNESSETH: (Signature") ELA"Try - E` r �'r , :J 145 University Avenue West, St. Paul, MN 55103-2044 Leaguao`MinnesotaCities Phone: (612) 281-1200 • (800) 925-1122 Cities promoting excellence Fax: (612) 281-1299 • TDD (612) 281-1290 1997 REGIONAL MEETINGS DATE CITY LOCATION/CONTACT PERSON September 30 Walker American Legion 407 Front Street Walker, MN 56484 John Thompson, Admin. -Clerk -Treasurer PHONE: 218/547-1619 October 1 Mahnomen Shooting Star Casino 777 Casino Road Mahnomen, MN 56557 Dean Johnson, Clerk -Administrator Judy Berger, Secretary -Treasurer PHONE: 218/935-2573 October 2 Argyle Farmer Dell, Inc. 115 East 4th Street Argyle, MN 56713 Tim Urbaniak PHONE: 218/437-6621 October 7 Biwabik Giants Ridge County Road 138 Biwabik, MN 55708 Pam Berts, City Administrator OR Kathleen Beise, Police Chief PHONE: 218/865-4183 October 8 McGregor Fireside Inn Highways 210 & 65 McGregor, MN 55760 Judy Cirilli PHONE: 218/768-2717 (OVER) AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER October 9 Corcoran Corcoran Civic Center 8200 County Road 116 Corcoran, MN 55340 Stacy Doboszenski, Clerk or Judy Splett, Deputy Clerk PHONE: 612/420-2288 _)-PQ1 �_j -�,o - v s -G - October 21 Tracy The Meditterranean Restaurant 1111 Craig Avenue Tracy, MN 56175 David Spencer PHONE: 507/629-3460 October 22 Benson McKinney's South Side 300 14th Street South Benson, MN 56215 Robert Wolfington, City Manager PHONE: 320/843-4775 October 23 Browerville Browerville Fire Hall Community Center 653 Main Street North Browerville, MN 56438 Severin Blenkush, City Administrator PHONE: 320/594-2201 October 28 LaCrescent American Legion Post 595 509 North Chestnut Street LaCrescent, MN 55947 Marlene Butzman, Clerk/Finance Director PHONE: 507/895-2595 October 29 Blue Earth Hamilton Hall 219 South Main Blue Earth, MN 56013 David Urbia, City Administrator PHONE: 507-526-7336 October 30 Northfield American Legion -Northfield Ballroom 1055 Highway #3 North Northfield, MN 55057 Deb Little or Scott Neal PHONE: 507 -645 -3001 -Deb 507 -645 -3003 -Scott L M/C League of Minnesota Cities Cities promoting excel%nce 145 University Avenue West, St. Paul, SIN 55103-2044 Phone: (612) 281-1200 • (800) 925-1122 Fas: (612) 281-1299 • TDD (612) 281-1290 1997 REGIONAL MEETING PROGRAM AFTERNOON PROGRAM 2:00-2:30 P.M. League of Minnesota Cities Insurance Trust --Topics & Issues General Employee Benefits Trends and LMCIT Coverages 2:30-3:00 P.M. Tax Levy Issues - League of Minnesota Cities IGR Staff Local Government Aid Local Performance Aid Levy Limits Tax Issues for the 1998 Session 3:00-3:15 P.M. Break 3:15-3:45 P.M. Tax Levy - League of Minnesota Cities Communications Staff The new Truth -in -Taxation notice form Strategies for presenting budget and tax levy information to citizens and the media Check list for communicating budget and tax information Clearinghouse of information available 3:45-4:00 P.M. Member Services Update Personnel, Codification, Performance Measurement 4:00-5:00 P.M. Roundtable Discussion of Happenings in Your Area Cities 5:00-6:00 P.M. Social Hour 6:00-7:00 P.M. Dinner (OVER) AN EQUAL OPPORTUNITY/AFFIRNLATIVE ACTION EMPLOYER EVENING PROGRAM 7:00-7:30 P.M. Welcome/League of Minnesota Cities President's Remarks Host Mayor LMC President 7:30-9:00 P.M. Youth Issues a. Brief Introduction to Issue LMC Strategic Plan Jim Miller, LMC Executive Director b. Video regarding Search Institute 40 -Assets Model, and the LMC Improving Community Life initiative C. Moderated Reaction Panel • LMC Improving Community Life Committee Member OR LMC Staff --The Role of Cities • Two or three area youth • Representative of local school district or social service agency involved in youth d. Roundtable discussions • Each table represents one or two communities (youth representatives are included). Group picks two or three of the assets and discusses how they might be addressed in their city. e. Brief reporting from tables f. Follow-up steps L M/C 143 University Avenue West, St. Paul, MN 53103-2044 League of .Minnesota Cities Phone: (612) 281-1200 • (800) 923-1122 Cities promoting excellence Far: (612) 281-1299 • TDD (612) 281-1290 September 12 , 1997 TO: Mayors, Managers, Administrators, Clerks, Councilmembers c/o City Clerk f/ f FROM: James F. Miller, Executive Director SUBJ: League of Minnesota Cities 1997 Regional Meetings Again this year the League of Minnesota Cities will hold twelve regional meetings throughout Greater Minnesota to bring city off-icials together. A 13th meeting has also been added for the Metropolitan area. The Regional Meetings provide a great opportunity to hear about League policies and services, while enjoying an afternoon and evening with other city officials from your area. This year, the League's regional meetings are scheduled in Walker, Mahnomen, Argyle, Biwabik, McGregor, Corcoran, Tracy, Benson, Browerville, LaCrescent, Blue Earth, and Northfield. You may receive an invitation from more than one host city, depending upon your location. Please feel free to choose the one which best fits your schedule. The afternoon program will begin at 2:00 p.m. and address important topics like insurance coverages through the League Trust, property taxes and local government aid, and how to effectively communicate complex tax and budget information with your citizens and the media. You'll also get an update on some of the changes being made in direct services to our members. Our afternoon program will conclude with the ever popular "Roundtable Discussions" where cities get to share their accomplishments. The social hour is scheduled to begin at 5:00 p.m., followed by dinner at 6:00 p.m. The evening program will focus on a topic that is new to the League, but important to city officials, how to make our communities healthy places for youth. Through a humorous video you'll learn more about the efforts of the League's Improving Community Life Committee to apply the Search Institute's "40 Assets" model to city government activities and policies. The video will be followed by a provocative panel discussion with youth and youth workers from your area reacting to how this program might or might not apply in their hometowns. The evening will end with sharing among city officials about practical ways they can make a difference for the youth in their communities. I know you won't want to miss this very special regional meeting. If you plan to attend, please RSVP to the city contact person identified on the attached regional meeting schedule to make your reservations. Come for the afternoon, the evening, or both. I look forward to meeting you there. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER /u Lo ' ~~''^'' TOTAL TO WHOM PAID WHAT PURPOSE DATE NUMBER CLAIM NORTHWESI ASSOCInTED CONSULTANTS �� �,V,-,T SERVICES 09/22/97 2845 9,419.59 JACQUIE ROGNLI C_PDTF'vQrR NEWSLETTER 09/22/97 2846 400.00 RADZWILL LAW OFFICE AUGUST SERVICES 09/22/97 2_1847 5,032.50 09/22/97 2850 2,000.00 NORTHERN AIRGAS C0RROW TRUCKING AUGUST RECYCLING 09/22/97 2849 '25 1,281JURAN & MOODY FINANCIAL SERVICES 09/22/97 2850 2,000.00 NORTHERN AIRGAS AUGUSTSERVICES 2851? 09/22/97 2851 11.23 EAST SIDE LEASING PO. LEASE COPIER 09/22/97 2852 237.92 CITY OF MONTICELLO 460.00 GOPHER STATE ONE -CALL, INC AUGUST SERVICES 09/22/97 2854 4.00 TERI KOHLER FAMILY FUN DAY EXPENSES 09/22/97 2855 TERRY A. HOLT DEPOSIT REFUND 09/22/97 2866 334.00 ELK RIVER PRINTING:.,& PARTY PLUS PUBLIC HEARING EXPENSES 09/22/97 2857 165.08 LEAGUE OF MN CITIES INSURANCE TR USTINSUPANCE 9/97 TO 9/96 09/22/97 2858 16,206.00 turl ot!PTEI,if 09/22/97 2851? AFFORDABLE SANITATION SEPTEMBER RENTAL 09/22/97 2860 106_50 LAPLANT SANITATION INC AUGUST RECYCLING 09/22/97 2861 460.00 VEIT & CO DUMPING CONCRETE 09/22/97 2863 3S.00 CROW RIVER FARM EQUIPMENT SUPPLIES 09/22/97 2864 16.01 TERRY A. HOLT DEPOSIT REFUND 09/22/97 2866 334.00 ^' SCHARBER & SONS PARTS 09/22/97 2868 19.35 MEDICA OCTOBER PREMIUM 09/212/97,2869 1,157.96 ml i I14 .�3y 17 1B I37 38 391 MIA 1471 ( 20 21 22 23 24 0 2. 27 - I37 38 391 MIA 1471