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10-29-97 CC
CITY OF OTSEGO UES'j' r'ux c:vUnUu. At. "VIIN AGENDA SECTION: DEPARTMENT: MEETING DATE F6.BOB KIRMIS, ASST.CITY PLANNER Elaine Beatty,City Clerk 10/29/97 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: Yxh;rpuu�L zi : �ts,trtr 6.1.Consider applicant Jeff Ophoven, for owner Gregory G. Landowsky, PID #118-802-022104, located at 5781 Queens Ave NE, Rogers, MN. Lot 1, Zoned Industrial I-1, unplatted property in Sec. 2, Twp 120, R23, City of Otsego, County of Wright, M. Request is for: 1. Conditional Use Permit to allow: a. Amendment to the existing CUP b. Flexibility from the Industrial Bldg. Material Req. BACKGROUND: This item came before the Planning Commission on 10/15/97 at 8PM. Since the Council was at another Sewer and Water Special Council Meeting, I am attaching the minutes of the P.C. Meeting for you to read. The P.C. Approved this request unanimously and are recommending to the Council to Approve. RECCb44ENDATION : This is a City Council decision. Recommendation from the P.C. is to approve applicants request for a CUP subject to 11 conditions listed in NAC`s Report dated October 8, 1997. Also, applicant is to work with the City Engineer regarding curbing. Thanks Elaine NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Bob Kirmis DATE: 16 October 1997 RE: Otsego - Precision Line Motorsports CUP FILE NO: 176.02 - 97.18 Attached is a "Finding of Fact' applicable to the Precision Line Motorsports conditional use permit request. Please note that the findings reflect the recommendation of the Planning Commission. This item is scheduled for City Council consideration on 29 October. PC: Elaine Beatty Andy MacArthur Kevin Kielb Jerry Olson 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 CONDITIONAL USE PERMIT APPROVAL CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE: FINDINGS OF FACT AND DECISION Application of Jeff Ophoven on behalf of Precision Line Motorsports for a conditional use permit to allow the following: 1. An exception from 1-1, Limited Industrial Zoning District building material requirements. 2. An amendment to an existing conditional use permit. On 29 October 1997, the Otsego City Council met at its regularly scheduled meeting to consider the application of Jeff Ophoven 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 1. The applicant is requesting a conditional use permit to allow: a. An exception from 1-1, Limited Industrial District building material requirement. b. An amendment to an existing conditional use permit. 2. The subject property is zoned 1-1, Limited Industrial. 3. The legal description of the property is found on attached Exhibit A. 4. The City's 1-1 Zoning District provisions list "accessory retail uses" as conditional uses. Thus, the existing "Precision Line Motorsports" use is recognized as having an approved conditional use permit. Any substantial change to an existing conditional use permit requires the processing of a conditional use permit amendment. 5. The applicant is proposing to construct a 4,320 square foot addition to an existing 8,580 square foot pole building. 6. The 1-1 Zoning District provisions prohibit pole type building construction and associated metal finish materials except by conditional use permit. 7. 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 proposed use will be compatible with adjacent properties. As such, the use is consistent with the intent of the Comprehensive plan and the property's 1-1 zoning designation. b. The proposed use's compatibility with present and future land uses of the area. The proposed building addition 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 Queens 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. 8. Section 20-17-4.0 of the Zoning Ordinance further states that exceptions to the City's building type and material requirements may be granted as a conditional use permit provided that: a. The proposed building maintains the quality and value intended by the ordinance. b. The proposed building is compatible and in harmony with other existing structures within the District and immediate geographic area. 9. The proposed building addition shall maintain the quality and value intended by the ordinance and is in harmony with other existing structures in the area. 10. The planning report dated 8 October 1997, prepared by Northwest Associated Consultants, Inc., is incorporated herein. 11. On 15 October 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 an exception from 1-1 District building material requirements and an amendment to an existing conditional use permit is approved in its present form subject to the following conditions: 1. The proposed building addition match the principal building in color. 2. A total of 20 off-street parking spaces are provided in accordance with ordinance requirements. 3 3. The site's off-site parking area is surfaced in asphalt and provided a concrete perimeter curb. 4. The site plan is revised to graphically illustrate the boundaries of the facility's outdoor sales area. 5. Any lighting used to illuminate the outdoor sales area and off-street parking area is hooded and directed such that the light source is not visible from the public right- of-way or neighboring residential zoning district. 6. Any new signs erected upon the subject site comply with applicable provisions of the City's sign requirements. 7. All trash handling equipment is screened from view of neighboring uses and public rights-of-way. 8. Landscaping is provided along the east side of the proposed building addition to minimize visual impacts upon adjacent residentially zoned property. Such landscaping shall be subject to City approval. 9. An off-street loading space is provided in accordance with Ordinance requirements. 10. The City Engineer provide comment and recommendation in regard to drainage, water supply and sewage treatment issues. ADOPTED by the Otsego City Council this 29th day of October 1997. CITY OF OTSEGO In ATTEST: Larry Fournier, Mayor By:: Elaine Beatty, City Clerk/Zoning Administrator 0 CITY OF OTSEGO PLANNING COMMISSION MEETING OCTOBER 15, 1997 - 8 PM OTSEGO CITY HALL 1. Chair Carl Swenson will call meeting to order: Chair Swenson called the Planning Commission Meeting to order at 8:OOPM. ROLL. CALL Present: Chair; Carl Swenson, Commission Members; Ing Roskaft, Bruce Rask, Eugene Goenner, Arlene Nagel, and Richard Nichols. Jim Kolles, excused absence. Staff: Bob Kirmis, City Planner; Carol Olson, Secretary. 2 Consideration of the Planning Commission Minutes of October 1, 1997: EUGENE GOENNER MOTIONED TO APPROVE THE PLANNING COMMISSION MINUTES OF OCTOBER 1, 1997, AS WRITTEN. SECONDED BY ING ROSKAFT. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. Chair Swenson went over the applicant's request. Carol Olson noted that the proper posting, publishing and mailings had been completed. Mr. Kirmis reviewed report dated October 8, 1997. The applicant requested approval of a conditional use permit to allow an exception from the I-1, Industrial District building material requirements. Proposed is a 8,580 sq. ft. addition to a 4,320 sq. ft. facility located south of 60th Street between Hwyl01 and Queens Avenue (formerly Frankfort). The addition is proposed to be finished in metal similar to what is on the existing structure. Precision Line Motor Sports' proposed addition would be used as an expanded storage area (Exhibit C). A CUP amendment is needed to accommodate a change to an existing conditional use. The CUP was originally processed through Frankfort Township. PLANNING COMMISSION MEETING of October 15, 1997 cont'd Page 2 Regarding the building material issue, the ordinance criteria has been satisfied and is in character with the area. In regard to the issue of the curbing requirement, a precedent has been established. The city has required applicants who are improving property to upgrade the parking lot to the current standard. NAC recommends approval of the applicant's request with 11 conditions which Mr. Kirmis read. Jeff Ophoven - Has no problem with any criteria except for the concrete perimeter curbing. Concerned curbing may make it difficult for the trucks and trailers to get around. It is graded to run off to the south and there is a drainage ditch. Has met with Kevin Kielb, City Engineer, who said he would check the Ordinance and come back with a recommendation. Chair Swenson opened the hearing to the public. Brian Kvarnlov - Concerned with outside storage and noise factor. 16580 58th Street NE Jeff Ophoven - The reason for the addition is to have things inside. Not in favor of outside storage either. Asked Mr. Kvarnlov to let him know if there is ever a problem. Chair Swenson brought discussion back to the Planning Commission. Bruce Rask asked if asphalt curbing would be allowed. Mr. Kirmis - Ordinance states concrete perimeter curbing for parking lots. Eugene Goenner - To access the area would curb cuts be allowed. Jeff Ophoven - There is no curbing in the area, if there was could better understand the requirement. Chair Swenson - Asked if anyone else from the public wished to be heard. Greg Ebert - Asked if ordinance addressed if B-12 curb or eased edged curb Builder could be used. Concerned with getting it done this year. Mr. Kirmis -The Zoning Ordinance is not specific. The City may have a standard they use. The City Engineer would have to be consulted on that. The ordinance allows a year to meet all the conditions of the CUP. An extension or deferment of the surfacing requirement may be requested. Chair Swenson closed the public hearing. PLANNING COMMISSION MEETING of October 15, 1997 cont'd Page 3 ING ROSKAFT MOTIONED TO APPROVE THE APPLICANT'S REQUEST FOR A CONDITIONAL USE PERMIT SUBJECT TO ELEVEN CONDITIONS LISTED IN NAC'S REPORT DATED OCTOBER 8, 1997. ALSO APPLICANT IS TO WORK WITH THE CITY ENGINEER REGARDING CURBING. SECONDED BY ARLENE NAGEL. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. 4 Any Planning (`nmmi�cion BLcine�c: None S Adjourn: ING ROSKAFT MOTION TO ADJOURN. BRUCE RASK SECONDED. ALL IN FAVOR. MOTION CARRIED. Jim Kolles, Secretary Recorded by: Carol A. Olson PCI01597.WPS EXHIBIT C - SITE PLA CITY OF OTSEGO REQUEST FOR COUNCIL ACTION II AGENDA SECTION: DEPARTMENT: MEETING DATE 11 I6.BOB KIRMIS, ASST.CITY PLANNER Elaine Beatty,City Clerk 10/29/97 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 6.2.Response to Otsego/Albertville Road Meeting Minutes Re: Planning BACKGROUND: At the Council Meeting of October 15, 1997 the Council asked that we have our professional staff comment on the Otsego/Albertville issues which were brought up as part of the Otsego Sub -Committee Meeting of CM Wendel and CM Ackerman with Albertville. Attached is a Memo dated October 21, 1997 from Bob Kirmis/David Licht Re: Otsego - Southwest Area Planning Issues for your information. Bob Kirmis will explain his memo and be available for questions/comments. RECOP1MENDAT I ON : This is a City Council decision. Council should keep in mind that the Comprehensive Plan has not been completed in this SW Area and needs the planning needs to be determined. The Engineer and Attorney also W-11 have comments on this S+r7 Area. Thanks Ela-ne OCT -22-199? 14:33 NAC 612 595 983? P.02iO3 N 0r0#V-r0** NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO' Otsego Mayor and City Council FROM: Bob Kirmis / David Licht DATE: 22 October 1997 RE: Otsego - Southwest Area Planning Issues FILE NO: 176.08 At the City Council's request, we have prepared a response to the various planning related issues raised at the 14 October meeting of the Otsego/Albertville Road Committee. 70th Street. Question was raised as to Otsego's position on the future improvement of 70th Street which forms a boundary between Otsego and the City of Albertville. Because no written agreement presently exists between Otsego and Albertville (concerning border roads), no assurance exists that the entire 70th Street right-of-way may be improved at one point in time. Technically, Albertville has jurisdiction only to the roadway's centerline. We feel it would be appropriate for Otsego to have an opportunity to provide input on projects which utilize border roads. This issue should be subject to further comment by the City Attorney and City Engineer. MacIver Avenue. The Road Committee has suggested the realignment of MacIver Avenue near Interstate 94. While our office concurs with the recommendation of the Road Committee, future right-of-way dedication associated with such realignment would (and should) likely coincide with future development proposals. This issue should be subject to further comment by the City Engineer. Sewer Availability. Question was raised at the meeting whether Albertville's sewer service would be made available to Otsego properties in the area and what service charges could be expected. Regardless of whether such service is to be made physically available to the City of Otsego, decisions regarding the acceptability of urban development in the area have yet to be formally addressed. Obviously, there are both positive and negative aspects to allowing urban type development in the area. It is anticipated that this issue will be discussed in detail as part of the Comprehensive Plan update. 5775 WAYZATA BOULEVARD. SUITE 555 S7. LOUIS PARK. MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837 OCT -22-1997 14:34 NAC 612 595 9e37 P.03iO3 Albertville Well. The meeting minutes indicate that Albertville has given some thought to constructing a new well proximate to the southwest Otsego area. Question was raised whether Otsego would be interested in entering a joint powers agreement for water service in the area. Prior to contemplating such decision, a basic determination needs to be made whether "urban -type" development is desired in the area. It is expected this issue will be addressed as part of the Comprehensive Plan update. This issue should be subject to further comment by the City Engineer. Race Track. The Road Committee questioned how sanitary sewer service would be provided to the proposed race track (either by Albertville or Otsego). Again, it is considered somewhat premature to discuss servicing details of the project until a formal determination of the use acceptability is made. it is our understanding that the race track project hinges upon the future construction of an interchange at Kadler Avenue/interstate 94. Should the construction of such interchange not be feasible, the track plans as conceptually discussed may not proceed. If the City (or Cities) determines that the race track use is generally acceptable (via initial concept plan approval), servicing details should then be addressed. It is anticipated that any concept plan approval would be made contingent upon sanitary sewer service being made available. This issue should be subject to further comment by the City Engineer. Kadler Vacation. Question was also raised regarding the vacation of Kadler Avenue south of Interstate 94. While we have no particular problem with the vacation of Kadler between Interstate 94 and CSAR 37, a concern does exist regarding the vacation of Kadler south of CSAH 37. Of particular issue is the possible termination of public street access to parcels along Kadler (i.e., cellular tower sites). In this regard, the vacation of Kadler south of CSAH 37 should not occur until alter -native public street access is provided. This issue should also be subject to further comment by the City Engineer. Albertville Cemetery Creek.- Drainage related impacts of the Albertville Cemetery Creek upon the Otsego Creek should be subject to comment by the City Engineer. It is anticipated that this material will be discussed at the forthcoming 29 October City Council meeting. Attached for reference purposes are minutes of the 14 October 1997 Road Committee meeting and a map of the area under discussion. PC: Elaine Beatty Andy MacArthur Kevin Kielb Mike Robertson 2 TOTAL P.03 Summary of Otsego/Albertville Road Meeting ............October 14, 1997 Suzanne Ackerman and Virginia Wendel attended from Otsego -0 SaCo� 'J.41g�Y Albertville Mayor, Duane Berning, Robert Gundersen and one councilwomen attended from Albertville Berning talked about their sewer system is going to be extended to the north of Albertville, around School and Mud lakes (north of the freeway) and next to 70th Street. Since Otsego shares 70th St. with Albertville they wanted to know our feeling on black topping 70th Street in the very near future. Since the developers have to black top the roads in the development, and 70th Street is a State Aid Road, they felt that if Otsego would be willing to black top that road soon maybe the County would be willing to pay for their share of the road sooner than is in their 20 year planning. Wendel told them she did not think that black topping this road in the next few years was in the Otsego plan but would take it to the council. They also said if Otsego was not ready to black top maybe they could get the developer to lay a 2" black top just to preserve the road until the time we can do the full job. Along with that project they talked about moving Maclver over further to the west and making that a straight road, (getting the big bend) out of the road and that way it would hit the freeway better. In the event that the race track would be built having 70th a straight shot would he=p traffic going to the track. This would involve most of the Zimmer farm and they have not been talked yet. We also asked if they would be willing to offer sewer to the people in Otsego located next to this new sewer project and they agreed they would look into it. Asked what they would be charging these people if they could be serviced and the thought was about the same for the hook up but a higher rate for the monthly use. Nothing was decided along that line at this time. They are also thinking about putting in a new well over in that area and wanted to know if we might be interested in sharing a joint powers with them for the water in that area. They didn't know if they could even do that because of the other joint powers agreement they have with St.Michael and Hanover but were willing to look into the matter. There was discussion at that point about sewer going to the race track and questions if Otsego wanted to go alone on the sewer to the race track or if they were be considered at all. We told them we were told that Albertville would only service their own residents and not anyone else, that, however, was one persons feelings on the board and not the whole council or planning committee. We explained there was some talk on the Otsego board about running our sewer line over to the race track as we would be interested in serving more than the track only, there may be some houses or businesses that would be hooking up in the future too. Those were some the concerns in that area as they are working on a $50,000 feasibility study and wanted to get our feelings on all this before they start the study. We talked about vacating Kadler. Kenco has a development going in there, Ceder Creek, and there will be a golf course. The golf course extends beyond Albertville's limits and into St.Michael a little. This area goes over the lower part of Kadler Ave. St.Michael is willing to vacate that road for the golf course and that would make the upper part of the road come to a dead end. If we are willing to vacate the rest of Kadler they would leave a short piece in front of Lupke's. We talked about the developer's use of the dirt road while the building is being done and asked that they leave the road in the condition it is now or better than now. Albertville said they have a an escrow fee charged to be sure the road is not destroyed and the developer will be putting oil on the road to keep the dust down and may put a 2" overlay on it in the event that Otsego does not vacate it. Over by the Albertville cemetery is a little creek going through there, winding into Brad Praught's farm and on up, probably going to the Otsego creek at sometime. Albertville put a 18"pipe in there to replace and 8" pipe that was in the wrong place and not doing much good. In the event there is clean up in the creek at this point or a little beyond, Albertville is willing to pay their share to clean up this creek. They were not sure if there was a problem or not but offered help in case there was. We looked at the Agreement for Sharing Road Expenses, several changes were suggested: page 2 b. last sentence, they would like to add "and notify Albertville" page 2 d. second line, "Crack sealing shall be performed on average every two to three years." page 2 3. after last sentence, add "and the Albertville City Council." Both city members felt this was a very good meeting and have agreed to meet again as soon as possible, probable in 2 weeks after the councils have had time to consider the above information and acted on it. submitted, Virgina Wendel Otsego Council CITY OF OTSEGO REOIJF.ST FOR COUNCIL ACTION rAGENDA SECTION: DEPARTMENT: MEETING DATE 7.ANDY MAC ARTHUR, CITY ATTORNEY Elaine Beatty,City Clerk 10/29/97 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 1'XEVAMC;iJ tis : Eti, uL; 7.1.Consider Wright County Law Enforcement Contract BACKGROUND: Attached is the Law Enforcement Contract proposed for 1998/1999 for police services. I have copied to Andy MacArthur for review and I also have copied the Contract we are currently working under, which is the amount of $34.50 per hour during 1997. Andy will comment on this new contract and be here for questions/comments from the Council. RECONb1ENDATION : This is a City Council decision. The price continues to increase and the amount per hour for 1997 is $34.50, 1999 is $35.55 and 1999 is $36.73. (This is virtually the same contract we currently have in place, except for the amount has increased). This contract is for 8 -hours per day - 2,920 hours annually and 24- hour call and general service. Thanks Elaine LAW ENFORCEMENT CONTRACT THIS AGREEMENT, made and entered into this day of r-- 1995, by and between the COUNTY OF WRIGHT and the WRIGHT COUNTY SHERIFF, hereinafter referred to as "County" and the CITY OF OTSEGO hereinafter referred to as the "Municipality"; WITNESSETH: WHEREAS, the Municipality is desirous of entering into a contract with the County for the performance of the hereinafter described law enforcement protection within the corporate limits of said municipality through the County Sheriff; and WHEREAS, the County is agreeable to rendering such services, and protection on the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for by the provision of Minnesota Statutes 471.59 and Minnesota Statutes 436.05; NOW THEREFORE, pursuant to the terms of the aforesaid statutes, and in consideration of the mutual covenants herein contained, it is agreed as follows: 1. That the County by way of the Sheriff agrees to provide police protection within the corporate limits of the Municipality to the extent and in the manner as hereinafter set forth: a. Except as otherwise hereinafter specifically set forth, such services shall encompass only duties and functions of the type coming within the jurisdiction of the Wright County Sheriff pursuant to Minnesota Laws and Statutes. O b. Except as otherwise hereinafter provided for, the standard level of service provided shall be the same basic level of service which is provided for the unincorporated areas of the County of Wright, State of Minnesota. C. The rendition of services, the standard of performance, the discipline of the officers, and other matters incident to the performance of such services and control of personnel so employed shall remain in and under the control of the Sheriff. 1 Code and the Criminal Code, d. Services purchased pursua nt to this contract shall include the enforcement of Mlnneso but not limited to the Traffic o Statutes and State Statutes, including conformance therewith. the State ces enacted in i.e., as well as all local ordinances a different authority; cluded from this ordinances which prescribe enforcement by etc., shall matters; Building Code, Electrical Code, the Uniform exclusively to purely local city managementBement. The agreement. Ordinances pertaining etc., shall be excluded from ice a Zoning Code, i.e., sewer and water collection, conforming to State law; Of Municipality shall be responsible for enforcement es the Muni P except that the Sheriff enforce ordinances; laece Parking and erratic driving. junk cars, etc. and traffic have full cooperation and assistance from the 2 That it is agreed that the Sheriff shall of this agreement. s age and employees so as to facilitate the performance Municipality, its officers, g labor, supervision, equipment, That the County shall furnish and supply all necessary 3 and all supplies necessary to maintain the 'cation facilities for dispatching, cost of jail detention, commune or the direct Payment of any salaries, wages? or other level of service to be rendered herein. 4 The Municipality shall not be liable f compensation to any personnel performing services herein for said County • anof the Sheriff's ale shall not be liable for compensation or indemnity to 5 The Municipality and the County hereby agrees to hold employees for injuries or sickness arising out of its employment, employees Municipality against his ainst any such claims • liability harmless officers, and employees shall not be de 6 The County, Sheriff, emed to assume any 'ci ality or any officer, agent, or employee thereof. for intentional or negligent acts of said Muni P 7 This agreement shall be effective from January 1, 1996 to December 31, 1997. County the sum °f $33.00 per hour for law enforcement g The Municipality agrees to pay to the ear 1997. per hour during the calendar y the calendar year 1996 and not to excee $34.50 p rate of protection during time during the term of this contract, the hourly If salaries of Deputy Sheriffs are increased atany this contract shall not be increased. 2 9. This contract shall be extended automatically for successive one year periods at a rate to be :stablished by the County, unless the County or Municipality shall notify the other of termination, in writing, prior to August 15 of each year. 10. The number of hours of service to be provided pursuant to this contract are as follows: 8 hours per day - 2,920 hours annually and shall provide 24-hour call and general service. The Municipality shall notify the County in writing prior to August 15 regarding any change in the number of hours for the subsequent year. 11. The County shall provide for all costs and prosecution efforts with respect to violations charged by the Sheriff in the performance of this agreement. All fines arising from such prosecutions shall accrue to the County. Violations of municipal ordinances excluded from enforcement by this agreement shall be prosecuted by the Municipality at its expense. All fines arising from city prosecutions shall accrue to the Municipality unless otherwise provided by law. 12. Pursuant to law, the County Auditor/Treasurer shall remit to the Municipality its share of all fines collected. The Municipality shall return to the County within 30 days all fine money attributable to prosecutions initiated by the Sheriff in accord with Paragraph 11 of this contract. The Municipality shall keep and retain any fine money submitted by the Auditor/Treasurer attributable to prosecutions initiated by the Municipality. 13. For the purpose of maintaining cooperation, local control and general information on existing complaints and problems in said Municipality, one member of the Municipal Council, the Mayor or other person or persons shall be appointed by said Council to act as police commissioner(s) for said Municipality and shall make periodic contacts with and attend meetings with the Sheriff or his office in relation to the contract herein. 3 14. The County shall save, hold harmless and defend the City from any and all claims arising from the acts or omissions, including intentional acts and negligence, committed by employees or agents of the County or Sheriff while in the performance of duties in furtherance of this contract. IN WITNESS WHEREOF, The Municipality, by resolution duly adopted by it governing body, caused this agreement to be signed by its Mayor and attested by its Clerk; and the County of Wright, by the County Board of Commissioners, has caused this agreement to be signed by the Chairman and Clerk of said Board, and by the Wright County Sheriff, effective on the day d year f st above written. Dated: November 13, 1 9 9 5 ayor ( ting) Larry Fournier ATTEST: Jerk BlaineBeatty Dated: l/ k ATTEST: �-- Richakd W. Norman County /Coordinator Dated: Approved as to form and execution: z, `/, W an A. Nelson, Wright County Attorney 4 WRIGHT COUNKYCOMMISSIONERS: Ken Juefe, C erson Donald Hoze a Wright County Sheriff •; uL6101 I M:: THIS AGREEMENT, made and entered into this day of , 1997, by and between the COUNTY OF WRIGHT and the WRIGHT COUNTY SHERIFF, hereinafter referred to as "County" and the CITY OF OTSEGO hereinafter referred to as the "Municipality"; WITNESSETH: WHEREAS, the Municipality is desirous of entering into a contract with the County for the performance of the hereinafter described law enforcement protection within the corporate limits of said municipality through the County Sheriff; and WHEREAS, the County is agreeable to rendering such services, and protection on the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for by the provision of Minnesota Statutes 471.59 and Minnesota Statutes 436.05; NOW THEREFORE, pursuant to the terms of the aforesaid statutes, and in consideration of the mutual covenants herein contained, it is agreed as follows: 1. That the County by way of the Sheriff agrees to provide police protection within the corporate limits of the Municipality to the extent and in the manner as hereinafter set forth: a. Except as otherwise hereinafter specifically set forth, such services shall encompass only duties and functions of the type coming within the jurisdiction of the Wright County Sheriff pursuant to Minnesota Laws and Statutes. b. Except as otherwise hereinafter provided for, the standard level of service provided shall be the same basic level of service which is provided for the unincorporated areas of the County of Wright, State of Minnesota. C. The rendition of services, the standard of performance, the discipline of the officers, and other matters incident to the performance of such services and control of personnel so employed shall remain in and under the control of the Sheriff. 1 d. Services purchased pursuant to this contract shall include the enforcement of Minnesota State Statutes, including but not limited to the Traffic Code and the Criminal Code, as well as all local ordinances enacted in conformance therewith. Statutes and ordinances which prescribe enforcement by a different authority; i.e., the State Electrical Code, the Uniform Building Code, etc., shall be excluded from this agreement. Ordinances pertaining exclusively to purely local city management matters; i.e., sewer and water collection, etc., shall be excluded from this agreement. The Municipality shall be responsible for enforcement of the Municipal Zoning Code, except that the Sheriff will enforce nuisance ordinances conforming to State law; i.e., junk cars, etc. and traffic ordinances; i.e., parking and erratic driving. 2. That it is agreed that the Sheriff shall have full cooperation and assistance from the Municipality, its officers, agents and employees so as to facilitate the performance of this agreement. 3. That the County shall furnish and supply all necessary labor, supervision, equipment, communication facilities for dispatching, cost of jail detention, and all supplies necessary to maintain the level of service to be rendered herein. 4. The Municipality shall not be liable for the direct payment of any salaries, wages, or other compensation to any personnel performing services herein for said County. 5. The Municipality shall not be liable for compensation or indemnity to any of the Sheriffs employees for injuries or sickness arising out of its employment, and the County hereby agrees to hold harmless the Municipality against any such claims. 6. The County, Sheriff, his officers, and employees shall not be deemed to assume any liability for intentional or negligent acts of said Municipality or any officer, agent, or employee thereof. 7. This agreement shall be effective from January 1, 1998 to December 31, 1999. 8. The Municipality agrees to pay to the County the sum of $35.55per hour for law enforcement protection during the calendar year 1998 and $36.75 per hour during the calendar year 1999. If salaries of Deputy Sheriffs are increased at any time during the term of this contract, the hourly rate of this contract shall not be increased. 2 9. This contract shall be extended automatically for successive one year periods at a rate to be established by the County, unless the County or Municipality shall notify the other of termination, in writing, prior to August 15 of each year. 10. The number of hours of service to be provided pursuant to this contract are as follows: g hours per day - 2,920 hours annually and shall provide 24-hour call and general service. The Municipality shall notify the County in writing prior to August 15 regarding any change in the number of hours for the subsequent year. 11. The County shall provide for all costs and prosecution efforts with respect to violations charged by the Sheriff in the performance of this agreement. All fines arising from such prosecutions shall accrue to the County. Violations of municipal ordinances excluded from enforcement by this agreement shall be prosecuted by the Municipality at its expense. All fines arising from city prosecutions shall accrue to the Municipality unless otherwise provided by law. 12. Pursuant to law, the County Auditor/Treasurer shall remit to the Municipality its share of all fines collected. The Municipality shall return to the County within 30 days all fine money attributable to prosecutions initiated by the Sheriff in accord with Paragraph 11 of this contract. The Municipality shall keep and retain any fine money submitted by the Auditor/Treasurer attributable to prosecutions initiated by the Municipality. 13. For the purpose of maintaining cooperation, local control and general information on existing complaints and problems in said Municipality, one member of the Municipal Council, the Mayor or other person or persons shall be appointed by said Council to act as police commissioner(s) for said Municipality and shall make periodic contacts with and attend meetings with the Sheriff or his office in relation to the contract herein. 3 14. The County shall save, hold harmless and defend the City from any and all claims arising from the acts or omissions, including intentional acts and negligence, committed by employees or agents of the County or Sheriff while in the performance of duties in furtherance of this contract. IN WITNESS WHEREOF, The Municipality, by resolution duly adopted by it governing body, caused this agreement to be signed by its Mayor and attested by its Clerk; and the County of Wright, by the County Board of Commissioners, has caused this agreement to be signed by the Chairman and Clerk of said Board, and by the Wright County Sheriff, effective on the day and year first above written. Dated: ATTEST: Clerk Dated: ATTEST: Richard W. Norman County Coordinator Dated: Approved as to form and execution: Mayor WRIGHT COUNTY COMMISSIONERS: Dick Mattson, Chairperson Donald Hozempa Wright County Sheriff Wyman A. Nelson, Wright County Attorney 0 relate Cou n these 2.,� P I disc, other given their ( 31, 1� I RADZWLLL & COURI Anarmor at Law 705 Central Avemm E= PO BOX 369 St. Midurd, MN55376 (612) 497-1930 -2599 (FAV (� 6 1 -2)4.97 99 41 Members:: ego:. Bea -CiClerk sl fAvenue 55422 i!6seA Lav Enforcement Contract- Wright Calinty 9beriff of the Proposed1law enf � s request,rllc: I have reviewed the form eiii6i eirdme City of Otsego and the Wright County Sher ffIIS on+px AS'a ming ;oyncil approves of the rates set forth in that agreement, I find the iorm.oftile tit to te.generally satisfactory, with the following reservations: I d does not clearly define which nuisance related §rice will e Y the County. .1 have discussed this agreement with the County horn (Y,,: lsonz grid he.has indicated that the County will enforc,& Ibcal or manct s dunk bars, but not other nuisance related infractions. Hc�, did indio Ite thsthe 6 o occasion, prosecuted individuals for general junk �i d vi, Jlatioi S when lations have occurred in conjunction with junk car violations. kph 9 is clear.,As it presently reads it does not cLv*w.hen the 6tice I fox e� tersion or termination applies. It appears that the, ifitentio'n of the, is that the notice provision only applies during; the term of the 'cc Atract Again, ;d this matter with the County Attorney and he agrees with that in erpret on. In Ms the contract does not mean that if no notice of termirbation by fhe Ci Is August 15, 1999 that the County is automatically extended a year at aof Dsing.Instead, it means that a new contract must be entered into :;after -Z,32ber .for the year 2000 and beyond. 10-29-1997 01:15PM FROM Radzwill & Couri Law Offi TO 441882: I I to; Otsego City Council No'venbq 29,!: 1997 Seca el"i iia foam �reement which the County: is using at of ifferei l6ca ' the: Cotiniy Attorney would prefer that "aimend ient" o�the Age male by an attached Xc�ttar clarifying the understanding of tie LC ' regi co ' uance and"termination of the agreement. Under the circumses, I pro bl ?with elarifYrn the" ag�rcement in that manner. The 'efom I T v�ould av: Proral©f thee la v enforOe en t agreement conditioned upon a.lW= Of c3 b,*g attached to and made a part of the Agreement. Very w J' TOTAL P.03 .C C! an Nielson; dight County Attorney au.Hozempa, Wright'County Sheriff I TOTAL P.03 CITY OF OTSEGO UEST FOR COUNCIL ACTION I AGENDA SECTION: DEPARTMENT: MEETING DATE I 7.ANDY MAC ARTHUR, CITY ATTORNEY Elaine Beatty,City Clerk 10/29/97 _ 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB, CC 7.2. Consider Appraisers to appraise sewage treatment plant site. BACKGROUND: At the Special Council Meeting of 10/15/97, the Council asked that I obtain quotes from appraisers (3 of them) for this Council agenda. Andy MacArthur knew of appraisers and offered to get quotes for us. He will inform the Council of names and quotes.(See attached inf ormation) RECOMMENDATION: This is a City Council decision after review of information with Andy MacArthur. Thanks Elaine OCT 28'= William S. Radzwill Andrew J. MacAithur Michael C. Court Megan M. McDonald October 27, 1997 Bill Waytas, Appraiser Lyle H. Nagell & Co., Inc. 7515 Wayzata Blvd. Minneapolis, MN RADMLL & CO URI Attorneys at Law 705 Central Avenue East PO Box 369 St. Midiael, MN55376 (612) 497-1930 (612) 497-2599 (FAX) RE: City of Otsego- Requested Proposal For Appraisal Of Property For Construction Of Wastewater Treatment Facility Dear Mr. Waytas: The City of Otsego is beginning the process of construction of a wastewater treatment facility and collector system to serve portions of the City of Otsego, and possibly portions of the neighboring City of Dayton. The Otsego City Council has adopted a facility plan and has submitted the plan to MPCA for review. The City has also chosen a site for the wastewater treatment plant. Due to severe restrictions on discharge into the Mississippi River, it has been determined that the plant must discharge to the Crow River. This limited the potential site for the plant to those areas of Otsego near the Crow River. The site selected by the Otsego City Council as the best location for the proposed facility is roughly shown on the attached map. Tre site is presently farmed and is zoned as agriciultural. The City is proposing to acquire ten (10) acres of property for the facility itself at the location set forth on the map. The City will also need to acquire an additional approximately two acres in easements for a discharge pipe to the Crow River, as well as a road access easement as shown on the drawing. The exact parameters of these easements have not yet been defined. The purpose of this letter is to obtain from you an estimate of what it would cost for an appraisal of the property in question. The in�44 purpose of this appraisal would be to Letter to Appraiser Waytas October 27, 1997 Page 2 make an offer for purchase of the property from the present owner by the City. The appraisal must be done in such a manner that it could be ultimately presented and justified to either Condemnation Commissioners and/or the District Court. I would also like to know what your hourly rates for testimony before the Commissioners and the court would be if necessary. I would appreciate receiving a response as soon as possible. Thank you for your attention to this matter. Very ours, drew . ZU RADZVV ZL & COURI OTSEC;O CITY ATTORNEY Encl. Cc:iiof Otsego ty John Harwood, Hakanson Anderson Bob Kirmis, NAC FROM C 1 TY OF OTSE.C,i��,. p1- h NO. : 612 441 4414 NMI Post -11'" bland tax transmittal memo 7671 •7o -j- ► mIn 7 rrr ' �� - �r«r = 0 7 - OF ML � ••" �- lea � per, PMrr # AV Jo ALI* u # w u NOSO s G �A .. . (RAWUNCS AVE. A 1 V took Z � � •. I If a w h 1� H t h lal O ; \J NMI mIn rrr ' �� - = ML � ••" William S. Radzwill Andrew J. MacArthur Michael C. Court Megan M. McDonald October 27, 1997 RADZWILL & COURI Attorneys at Law 705 Central Avenue East PO Bax 369 St. Michael, MN55376 (612) 497-1930 (612) 497-2599 07AM John Harwood, P.E. Hakanson Anderson Assoc., Inc. 3601 Thurston Avenue Anoka, MN 55303 RE: City of Otsego- Lahn Property Proposed For Acquisition; Memo Regarding Fee Ownership And Encumbrances Dear John: As requested by Kevin Kielb, please find enclosed a memo summarizing the results of our research at the County Recorder's Office relative to the above described parcel which has been chosen as the site for the proposed wastewater treatment facility. As you see, no easements of record or encumbrances affect this property at this time, except for Wright County Highway 36. Please let me know if we can be of further assistance. I have contacted some appraisers to get an estimate of cost for an appraisal of the parcel. Prior to the appraisal actually being undertaken, we will need a legal description of the parcel and the needed easements. Very truly ygur�, .Andrew J`� RADZ� & COURI Encls. Cc�.Ci of Otsego ty Bob Kirmis, NAC CITY OF OTSEGO REQUUS1- FOR COU NUI L AU I1UN AGENDA SECTION: DEPARTMENT: MEETING DATE 9.COUNCIL ITEMS: Elaine Beatty,City Clerk 10/29/97 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 9.5. Discussion of Peddlers Ordinance BACKGROUND: Attached is the research information I have gathered re: Peddlers Ordinance. Council asked that this item be placed on this agenda for Council consideration. RECOI4:NDATION : This is a City Council decision after review of information. Thanks Elaine -"`IN OCT 22 '97 10:21AM CIT OF MONTICELLO CHAPTER 10 TRANSIENT MERCHANTS SECTION: 3-10-1: Definition 3-10-2: Permit Required 3-10-3: Exemptions 3-10-4: Application 3-10-6: Religious and Charitable Organizations, Exemption 3-10-6: Investigation and Issuance 3-10-7: Duty of City Administrator to Enforce 3-10-5: Revocation of License 3-10-9: Appeal 3-10-10: Reapplication 3-10-11: Expiration of Permit 3-10-12: Penalty P.2/7 3-10-1: DEFINITION: When used in this ordinance, the following term has the following meaning: (A) "Transient merchant" includes any person, firm, or corporation, whether as owner, agent, consignee, or employee, who engages in a temporary business (Sive days or less per month) of selling and delivering goods, wares, and merchandise, or buying and receiving goods, wares, and merchandise within the city and who, in furtherance of such purpose, hires, leases, uses, or occupies any building, structure, motor vehicle, trailer, tent, railroad boxcar, boat, public room in hotels, lodging houses, apartments, shops, or any street, alley, or other place within the city for the exhibition and sale of such goods, wares, and merchandise either privately or at public auction, provided that such definition does not include any person, firm, or corporation who, while occupying such temporary location, does not sell from stock but exhibits samples for the purpose of securing orders for future delivery only. Location utilized by transient merchants shall be consistent with uses identified as permitted in particular zoning district and adequate off-street parking is available. (20/21193, #243) 3-10-2:* PERMIT REQUIRED: It is unlawful for any transient merchant to engage in any such business within the city of Monticello without first obtaining a permit therefore in compliance with the provisions of this ordinance. (A) A daily permit shall be required for any "transient merchant" as defined in Section 3-10-1(A). MONTICELLO CITY ORDINANCE TITLE III/Chpt 10/Page 1 ,•"1%\ OCT 22 '97 10:22RM CITY OF MONTICELLO (B) (C) P.3/7 1. Aja annual permit which may be issued only to the owner or proprietor of a private premise such as motel, hotel, shopping mall, banquet facility, service club, etc., wherein a transient merchant as defined in Section 3-1.0-1(A) may lease or otherwise occupy space to engage in said temporary business. An applicant for an annual permit must provide the City with assurances that each transient merchant engaged in business upon his/her premise meets the minimum requirements of this and all other applicable ordinance. 2. The transient merchant shall operate from within a permanent structure on the premise. Outdoor sales from parking lots or other open space is hereby prohibited under the provisions of the annual permit. 3. No holder of an annual permit shall allow in excess of 12 vendors, stands, booths, or similar sales area to operate per day without the written permissions of the City Council. FEES: Fees shall be set and adopted by the City Council as follows: 1. Daily permit fees. 2. Daily permit fees for a permit issued to a transient merchant under the authority of the annual permit, said fees to be collected by the holder of an annual permit and remitted to the City Administrator prior to the conduct of any business, **excet tha . .r nci_pnt m . h n s .ond u .ting .heir b isin_esa within -the confines of the commons area of any shopping mall shall not he rcgWxvd to remlts3 dailyee. 3. Annual permit fees. *(11/14/83, #129) **(1/23/84, #131) PERMISSION OF PROPER'T'Y OWNER REQUIRED: 1. No transient merchant shall sell or offer for sale any goods, wares, or merchandise within the city from a stationary location or public or private property without first obtaining the written consent of the property owner or occupant. 2. No transient merchant license shall be issued for sales from any location which does not have sufficient parking for customers and for areas where customer parking would interfere with normal traffic flow. MONTICELLO CITY ORDINANCE TITLE 111/Chpt 10/Page 2 *11 OCT 22 '97 10:22AM CITY OF MONTICELLO P. 4/7 3. Only one (1) transient merchant license shall be issued per location (property owner) at any given time, (8/13/90, #194) 3-10-3: EXEMPTION'S: This chapter does not apply to the following: (A) Vendors of milk, groceries, bakery products, or other perishable commodities; or vendors of soft water service or laundry and dry cleaning pickup and delivery who make an uninvited call upon the occupant of a resident as a preliminary step to the establishment of a regular route service for the sale and delivery of such commodities or the providing of such services to regular customers; or for the sale of goods, merchandise, or services to business, commercial, or industrial users at their place of business. (B) Sidewalk sales authorized by the City Council. (C) Limited open sales and limited mmmage/garage sales. (See Permitted Accessory Sales, Chapter 6, Section 3, of the Zoning Ordinance for regulations governing open sales and nimmage/garage sales.) (05/13/91, #209) (D) Any bona fide auction sale by a city resident. -�% (E) Any sale under court order. (F) The sale of regularly published newspapers. (Cr) The sale of goods or merchandise on behalf of bona fide charitable, religious, civic, education, or political organization subject to provisions of 3-10-2(C) and 3-10-5. (H) Sale of farm or garden ft -nits and vegetables from July 15 through October 15 subject to the provisions of 3-10-2(C) and the daily permit fees established by Council. (8/13/90, #194) 3-10-4: APPLICATION: Applicants for a permit under this ordinance shall file with the City Clerk a sworn application in writing on a form to be furnished by the City Clerk. The application shall give the following information: (A) Name and physical description of applicant; (B) Complete permanent home and local address of the applicant and, in the case of transient merchants, the local address from which proposed -m"N sales will be made; (C) A brief description of the nature of the business and the goods to be sold; MONTICELLO CITY ORDINANCE TITLE III/Chpt 10/Page 3 /00"N. OCT 22 '97 10:23AM CITY OF MONTICELLO P.5/7 (D) The name and address of the employer, principal, or supplier of the applicant together with credentials therefrom establishing the exact relationship; (E) The length of time for which the right to do business is desired; (F) General description of items to be sold; (G) The names of at least two property owners of Wright County, Minnesota, who will certify as to the applicant's good character and business respectability or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility; (H) The last municipalities, not to exceed three, where applicant carried on business immediately preceding date of application and the addresses from which such business was conducted in those municipalities; (I) At the time of filing the application, a fee of $3.50 shall be paid to the City Clerk to cover the cost of investigation of the facts stated therein plus a fee schedule adopted by the City Council. (11/23/8]., #107) (8/13/90, #194) 3-10-5: RELIGIOUS AND CHARITABLE ORGANIZATIONS, EXEMPTION: Any organization, society, association, or corporation desiring to solicit or to have solicited in its name money, donations of money or property, or financial assistance of any kind, or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organizations upon the streets, in office or business buildings, by house-to-house canvass, or in public places for a charitable, religious, patriotic, or philanthropic purpose shall be exempt from the provisions of Section 4 of this ordinance provided there is filed a sworn application in writing on a form to be furnished by the City Clerk which shall give the following information: (A) Name and purpose of the cause for which permit is sought; (B) Names and addresses of the officers and directors of the organization; (C) Period during which solicitation is to be carried on; (D) Whether or not any commission, fee, wages, or emoluments are to be expended in connection with such solicitation and the amount thereof. MONTICELLO CITY ORDINANCE TITLE IIUChpt 10/Page 4 OCT 22 197 10:23AM CITY OF MONTICELLO P. 6/7 Upon being satisfied that such organization, association, or corporation is a religious, charitable, patriotic, or philanthropic organization, the Clerk shall issue a permit without charge to such organization, association, or corporation to solicit in the city. Such organization, association, or corporation shall furnish all of its members, agents, or representatives conducting solicitation credentials in writing stating the name of the organization, name of agent, and purpose of solicitation. 3-10-6: INVESTIGATION AND ISSUANCE: (A) Upon receipt of each application, it shall be referred to the City Administrator, who will immediately institute such investigation of the applicant's business and moral character as he deems necessary for the protection of the public good and shall endorse the application in the manner prescribed in this section within 72 hours after it has been filed by the applicant with the City. (B) If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the City Administrator shall endorse on such application his disapproval and reasons for the same and notify the applicant that his application is disapproved and that no permit will be issued. (C) If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the City Administrator shall endorse on the application his approval and deliver to the applicant his permit. Such permit shall contain the signature of the issuing officer and shall show the name and address of said permittee, the class of permit issued and the kinds of goods to be sold thereunder, the date of issuance and the length of time not to exceed one year from the date of issuance that the same shall be operative, as well as the permit number and other identifying description of any vehicle used in such licensed business. Each peddler, solicitor, or transient merchant must secure a personal permit. No permit shall be used at any time by any person other than the one to whom it is issued. The Clerk shall keep a permanent record of all permits issued. 3-10-7: DUTY OF CITY ADMINISTRATOR TO ENFORCE: It shall be the duty of the City Administrator to require any person seen peddling, soliciting, or canvassing, and who is not known by such City Administrator to have obtained a permit hereunder, to produce his permit and to enforce the provisions of this ordinance against any person found to be violating the �—, same. MONTICELLO CITY ORDINANCE TITLE IIVChpt 10/Page 5 OCT 22 '97 10:24AM CITY OF MONTICELLO 3-10-8: REVOCATION OF LICENSE: P.7/7 (A) Permits issued under the provisions of this ordinance may be revoked ?P -1N by the City Administrator for any of the following causes: 1. Fraud, misrepresentation, or incorrect statement contained in the application for permit; 2. Fraud, misrepresentation, or incorrect statement made in the course of carrying on his business as solicitor, canvasser, peddler, transient merchant, itinerant merchant, or itinerant vendor, 3. Any violation of this ordinance; 4, Conviction of any crime or misdemeanor; 5. Conducting the business of peddler, canvasser, solicitor, transient merchant, itinerant merchant, or itinerant vendor, as the'case may be, in an unlawful manner or in such a manner as to constitute a breach of peace or to constitute a menace to health, safety, or general welfare of the public. 3-10-9: APPEAL: Any person aggrieved by the action of the City Administrator or the City Clerk in the denial of a permit or revocation may appeal to the Council. Such appeal shall be taken by filing with the Council within fourteen days after notice of the action complained of and a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant. 3-1.0-1.0: REAPPLICATION: No permittee whose permit has been revoked shall make further application until at least six months have elapsed since the last previous revocation. 3-10-11: EXPIRATION OF PERMIT: All annual permits issued under the provisions of this ordinance shall expire at midnight the 31st day of December in the year when issued. Other than annual licenses shall expire at midnight on the date specified in the license. 3-10-12: PENALTY: Any person who violates any provision of this ordinance is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500 or by imprisonment for a period not exceeding 90 days or both, plus in either case the costs of prosecution. (04/13/81, #97) MONTICELLO CITY ORDINANCE TFFLE IIVChpt 10/Page 6 OCT -23-1997 09:40 LEAGUE OF MN CITIES Did You Know? 4/95 Regulating Peddlers, Solicitors, and Transient Merchants P. 01/17 Daa a ^waofe- fax Note 1 / To FaOFrom PHOn1# Cities have both statutory and common law authority to regulate peddlers, solicitors, and transient merchants. Minnesota Statutes, sections 329.06 and 329.15, grant to cities the right .. -,to regulate and license peddlers, solicitors, and transient merchants above and beyond the statutory requirement for them to obtain county licenses. M.S. 412.221, subd.19, echoes the provisions of chapter 329 for statutory cities. Most charters provide home rule charter cities with the same type of explicit authority. M.S. 437.02 restates the authority to regulate and license transient merchants in all cities. In addition, the courts have held that reasonable regulations of peddlers, solicitors, and transient merchants are valid exercises of a city's police powers in protecting the health, safety, and welfare of the public against an activity that can become a nuisance. Unfortunately, while it is clear that cities can not totally ban peddlers, solicitors and transient merchants, it is not clear how far cities can go in exercising their regulatory authority over them. Because this is a highly litigated matter, and because cities risk being held liable for federal Section 1988 penalties if they adopt and try to enforce an unconstitutional regulation, cities are strongly urged to involve their city attorneys before adopting any regulation. Further, before a city decides it has to do something about the problem of peddlers, solicitors and transient merchants, it should balance extent of its current problem or the problem that could develop if such activities are left unregulated, against tate risk of litigation over any attempted enforcement of a regulation. For those cities that decide they have to do something about this problem, the following suggestions should be carefully considered and applied to develop the types of provisions that have either been upheld in court or that should be defendable if challenged: -- Define all terms. Peddlers, solicitors, and transient merchants are not recognized by the courts as being the same. Peddlers, also known as hawkers, go from place to place to sell goods that are deliverred, at the time o:Esale. Solicitors, also kmown as canvassers, go from place to place to obtain orders for goods =mrdM that are to be delivered or performed at a later time, or to collect donations. Transient merchants are generally persons who sell their merchandise from a vehicle or other portable shelter, or from an empty storefront, and who do not intend to remain in business at any one location for more than a temporary period of time, usually know more than a few weeks. -- Exempt specific groups from the definitions. The courts have held that those who make initial contacts with property owners or occupants for the purpose of establishing a regular delivery route, as well as people malting deliveries to customers on their regular route, are not the type of nuisances intended to be defined and regulated by peddler, solicitor, and transient merchant regulations. Likewise; sellers at whole sale making direct sales to retailers of the items being sold, have also been exempted from the definitions of peddlers, solicitors, and transient merchants. OCT -23-1997 09:41 LEAGUE OF MN CITIES P.02/17 -- Differentiate between "licensing" and "registering". Licensing is a formal process involving an application , a fee, and the right of the council to grant or refuse the license. A background check is also common before a license is granted. Registration is the simple process of recording a person's mine and any other pertinent information the council believes necessary to ensure the good faith of the registering party. No fees are involved with registrations and the whole process should only take a few minutes instead of several days- - Only require Licenses of peddlers and translent merChAnts. Even though the statutes authorize the licensing of solicitors, caselaw dictates that they not be licensed. Zbe courts' concern is the impact of local regulations on interstate commerce. Because peddlers and t =uwt merchants have their goods in the State before they are sold, the chain of interstate commerce has ended and licensing has no impact on it- Solicitors, tSolicitors, however, make their sales before obtaining their goods. If the goods are subsequently shipped from another state, the chain of interstate commerce remains unbroken. The courts have held that formal licensing procedures and fees for solicitors involved in inter -state commerce amount to an undue burden on interstate commerce and therefore violate the Federal Constitution. Solicitors of purely Minnesota made products would appear eligible for licensing as they would not be involved in inter -state commerce. Other cases, however, indicate that to require different requirements for different persons conducting essentially the same business for the purpose of controlling the nuisance created by that business amounts to arbitrary, and thus unenforceable, regulations. -- Provide Due Process. Licenses must be issued as quickly as possible and anyone denied a license should be informed of the reason for denial and of his or her right to appeal the decision by whatever appeals process the city has and ultimately in district court. These provisions should be clearly spelled out in the city's ordinance. -- Exempt certain peddlers and transient merchants from licensing. The Minnesota State Constitution prohibits the licensing of farmers selling the products of their own farms. The caselaw d'isc`ussed above about imposing different requirements on different people conducting essentially the same business, has made it clear that a city also can not license anyone who resells any product purchased from an exempt farmer. In addition, anyone who is going place to place for the primary purpose of exercising his or her general State or Federal Constitutional rights should not be licensed because, as with the commerce clause, licensing imposes undue burdens on these constitutional rights. Most of the existing caselaw involves people who were exercising First Amendment rights by distributing religious or political information and pamphlets. The fact that a small fee or contribution may be requested for the pamphlets has not been enough to remove these people's Constitutional protection. The courts have indicated that these groups could lose their exemption for the sale of books or other goods sold only for revenue raising purposes, or if professional fund raisers were used. It has been a common practice for cities to also exempt all non-profit organizations, FA OCT -23-1997 09:42 LEAGUE OF MN CITIES P.03i17 and some cities have inquired about exempting minors from their regulations. Such practices, while of good intention, could put a city at risk. Such a provision could be challenged on the grounds that it once again treats people differently for doing essentially the same thing. While homeowners may not be as upset by a member of a non-profit organization selling candy ringing their doorbells as they are by vacuum cleaner salespeople, the courts have generally looked at the act of going place -"Is= itself as the nidsance, not the product being sold. If the sale itself is secondary to expressing the belief of the group, then the constitutional rights exception would apply and no special exception would apply. If the sale is primarily commercial in nature, which the sale of candy etc. could easily be found to be, then upholding a classification's exemption would depend on the city being able to convince the courts that place -to -place sales by minors or non-profit groups is somehow different from similar sales by adults and regular businesses and therefore is not a nuisance. Given the tone of existing easelaw, it could be difficult to convince the courts of this distinction. Of course, rather than license each person, one license could be granted to the group- -- Require solicitors and lig-exempt peddlers and transient unerdmnts to register. Because registration is a simple process and no fee is charged, the courts have said that requiring solicitors and otherwise exempt peddlers and transient merchants to register does not have an undue burden on interstate commerce or other constitutional rights. Registration does help a city track those involved in such budmess practices and reduces the risk of scam artists as the city will know who each person is and how to contact them should a citizen have a complaint. -- Green River or aaa,odnfied Greem River ordinances. A Green River ordinance, named for the city where it was first used and upheld, declares it to be a nuisance for any person to go onto the property of another for the purpose of peddling or soliciting, without first being invited to do so by the land owner or tenant. Such an ordinance is not applicable to regular route deliveries, and probably could not be enforced against otherwise valid exercises of Constitutional rights. In addition, there are questions as to the applicability of such an ordinance to non-residential settings, although it probably is ok. Further, the nuisance created under a Green River ordinance has been held to be a private nuisance meaning enforcement is basically up to the affected land owner or tenant. A modified Green River ordinance makes it a trespass to enter onto any property, whether residential or not, for the purpose of soliciting or peddling, where the land owner has posted a sign stating to the effect "No Peddlers or Solicitors". One advantage of this provision is that it applies everywhere a posting is made, is enforceable against all peddlers and solicitors, including those involved in interstate commerce and those attempting to exercise Constitutional rights, as the prohibition is actually made by the private land owner or tenant and not a governmental agency. In fact, the provision should be enforced equally to avoid legal challenges of favoring otherwise protected groups or persons. This approach also allows for criminal prosecution of violators for trespass. .3, OCT -23-1997 09:42 LEAGUE OF MN CITIES P. 04/17 -- Other Conidasdous. In addition to the above, cities may also regulate the time, PbW and muff= of peddling, sohc>fing, and ether ttansieat selling. For example, a cky can require that all per, soHchm, and b=dant merchants conduct their business only between the haus of 8:00 a.m 9:00 p.m.. A city, however, must be cardd not to be so restrictive with hours that t14 average worlang person would not be haute when called upon by a sonchor or paddler. In addition, a city can P ..peddlers,- scHckm, and transient from c2lHnS atention to delves by the use of whistles, horns, land noise dovioee,amP g city can also prohibit paddlers, soliaaors, and transiaa merchants b:uineas in such a manner or in such a place as to create traffic hazards or as to inumfere with the free flow of others on streets or sidewalks. please contact the League's luformadon and Research services dq=rUWMt, or the League's CodifsCation AttonX7, if you have any quesd= about this topic or would lire a list of case cans and odder more detm'kd information. -4'- f�. OCT -23-1997 09:43 LEAGUE OF MN CITIES Model Ordinance Peddlers, 'Soliciturs, Transient Merchants 4/9S P. 05/17 'I'ite following model or&mwe is an attempt to provide cities with a current, valid, and comprehensive mems of reg lating peddlers, solicitors and transient merchants. Regulation of these business praCdCes has led to much lidgation over the years and it remains a constantly changing area of law. The effect of certain MGnnesoft cases has made it even harder to regulate peddlers, solicitors, and transient merchants here than in other j u r i sd i cti o n s . Because of the volatile legal nature of the topic, cities are encouraged to carefully consider the balance between any exudng problem with peddlers, solicitors and transient merchants and the h'kdihood of an increased nuisance should the city decline to regulate such practices, against the risk of litigation over enforcement of any regulation adopted by the may. Cities should also consult with their city attorneys before adopting an ordinance similar to this one. This model ordinance is based on conservative interpretations of the major court decisions in this area. Because new opinions are frequenay being handed down at the District, State and Federal levels, and because of apparent conflicts within existing c aselaw, the League cannot and does not guarantee the validity of the provisions of this ordinance. To the best of our knowledge, bowewer, these provisions have either withstood legal challenges or, based on existing easelaw, should be defendable as reasonable exercises of both a city's police powers and the express authority granted by Ngnnesota Statutes Sections 329.06, 329.15, 412.221 (subd.19), and 437.02, as well as the charters of home mile charter cities. This model ordinance does not address what is commonly referred to as a "Careen Rivern ordinance. Such an ordinance basically declares it to be a nuisance to enter onto the property of another for the purpose of peddling, soliciting, or selling as a transient merchant, without first being itnvited, onto the property by the owner or tenant. While the U.S. Supreme Court has historically upheld these types of ordinances, they remain subject to challenge because they have the practical effect of acting as a complete ban on peddling, soliciting, or selling as a transient merchant. Green River ord�es also have problematic limitations in their application and enforcement. For some cities, however, they have worked. If your city would like more information about Green River ordinances, please contact the League's Research and Information Services Department, or the League's Codification Attorney. Any city that would like to review the material used to compile this ordinance should contact the League's Research and Information Services Department or the League's Codification Attorney. — OCT -23-1997 09;44 LEAGUE OF MN CITIES P.06i17 Ck%llimnve #_ An ordinance relating to peddlers, solicitors, and transient merchants and exercising the city's authority to regulate the nuisance created by such business practices under the city's general police powers and as specifically authorized by Minnesota Statutes Sections 329.06, 329.15, 412.221(subd.19) GSMC: 412 cite is for statutory cities; charter cite could be substituted), and 437.02. The City Council of the City of Ordains: Except as may otherwise be provided or stdift 100, clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the phiral shall include the singular. The masculine shall include the feminine and the neuter, and vice -versa The term "shall" means mandatory and the term "may" is permissive. The following terms shall have the definitions given to them: The term 'person" shall mean any natival individual, gip, 4arganizadon, corporation partnership, or association. As applied to groups, organi�ons, corporations, partnerships, and associations, the term shall include each member, officer, partner, associate, agent, or eanployee. u -vi ' . 'Ile term "peddler" shall mean a person who goes from house-to- house, door-to-door, business -to -business, street to -street, or any other type of place -to -place, to for the purpose of offering for sale, displaying or exposing for sale, selling or attempting sell, and delivering immediately upon sale, the goods, wares, products, merchandise, or other personnel property, that the person is carrying or otherwise transporting. The term peddler shall mean the same as the term hawker. QJW: The inclusion of time phrase "without a fixed place of business" in the definition of the term peddler has been interpreted by Minnesota courts as implying a preference for local businesses and should therefore be avoided even though the U.S. Supreme Court originally used the phrase.) Subdivi, iron 3 Solicitor. 1 -he term "solicitor" shall mean a person who goes from houso-to-� house, door-to-door, business-to-business,-street-tD-st�, or any other type of plaCID40-place, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property, or services, of which he or she may be carrying or trausporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as discussed above. The term solicitor shall mean the same as the terns canvasser. •en -The term "transient merchant" shall mean a person who tem porardy sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering, goods, wares, products, merchandise, or other personal property, and who does not remain or intend to remain in any one location for more than consecutive days. 0 OCT -23-1997 09:44 LEAGUE OF MN CITIES P.07i17 Any day during which the City Hall is normally open for the purpose of conducting public business. Holidays defused by State law shall not be counted as regular business days. Section 110. Exceptions to Ddhdtions. QIM: The courts have held that the following persons do not create the type of nuisances iftnded to be regulated by this type of order and are therefore ==2pt from the above demi .) For the purpose of the requimumn of this ordinance, the terms -peddler,--90heitor,- and "transient merchant" shall not apply to any person selling or ailing to sell at wholesale any goods, wares, products, merchandise, or other personal property, to a retailer of the items) being sold by the wholesaler. The terms also shall not apply to any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products such as baked goods and milk, nor shall they apply to any person making deliveries of perishable food and dairy products 1b following , the customers OII his Or her established regular dehvery route. (�{Q�;. The , exemptions are added for clarification purposes) In addition, persons conducting the type:of sales commonly known as garage sales, rumu age sales, or estate sales, as welt as those persons participating in an organized multi -person bazaar or flea market, shall be erupt from the definitions of peddlers, solicitors, and transient merchants, as shall be anyone conducting an auction as a properly licensed auctioneer, or any officer of the court conducting a court ordered sale. Pacemption from the definitions for the scope of this ordinance shall not excuse any person from complying with any other applicable statutory provision or local ordinance. Section 200. Lk*nsiing. 54bdi3dSioni CMWT_;ce Renoir . No person shall conduct business as a peddler, solicitor, or transient merchant within the city limits without first having obtained the appropriate license from the County as required by Minnesota Statutes Chapter 329 as amended. i(� a .et ; This subdivision is included primarily for notice purposes. Violations of this provision would usually be handled under Smote law.) Sub&-asion 2 QU LicenmExcept as otherwise provided for by this ordinance, no person shall conduct business as either a peddler or a transient merchant without first having obtained a license from the city. (Note: Due to caselaw, solicitors should not be licensed; see the registration requirement under section 300 of this ordinance.) S11b, 3 lication. Application for a city license to conduct business as a peddler or transient merchant shall be made at least fourteen (14) regular business days before the applicant desires to begin conducting business. Application for a license shall be made on a form approved by the city council and avafiable from the office of the city clerk. All applications shall be signed by the applicant. All applications shall include the following information: a. Applicant's full legal name. A OCT -23-1997 09:45 LEAGUE OF MN CITIES P. 08/1? b. All other names under which the applicant conducts busincss or to which applicam officially answers. c. A physical description of the applicant (hair color, eye color, height, weight, distinguishing marks and features, etc.) d. Full address of applicant's permanent residence. e. Telephone twmber of applicant's permancat rosidc=- f. Full legal name of any and all business operation(s) owned, wed, or oper by applicant, or for which the applicant is an employee or ageat. g. Full address of apphc:ant's regular place of business(if any). h. Any and all business related telephone number(s) of the appli ant. i. The type of business for which the applicant is applying for a license. j. Whether the applicant is applying for an annual or daily license. k. The dates during which the applicant intends to conduct business, and if the applicant is applying for a daily license, the number of days he or she will be conducting business in the city. (Maximum consecutive days) 1. Any and all addresses) and telephone number(s) where the applicant can be reached while conducting business within the city, including the location where a transient manbant intends m set up business. m. A statement as to whether or not the applicant has been convicted within the hst five years of any felony, gross misdemeanor, or misdemeanour for violation of any state or federal statute or any local ordinance, other than traffic offenses. QIM: Going back beyond five years may be a violation of due process. There is no case specificaIly on point for this situation so it may be ok to check back beyond five years, but in other areas of law, five years is the maximum amount of time a city can inquire about convictions.) n_ A list of the most recent locations where the applicant has conducted business as a peddler or transient merchant. (NM: 3-5 are the most common requirements.) o. Proof of any required county license. p. Written permission of the property owner or the property owner's agent for any property to be used by a transient merchant. q. A general description of the items to be sold or services to be provided. ote: Unless the seriing of an item or providing of a service is illegal under some other law, a city cannot base its decision on issuing a license on what is to be sold or provided.) r. All addidomd information deemed necessary by the city council. (Jg: Some cities require a list of all individuals to be covered by a group license. Other common requirements include: source of items sold and an item's location at the time of licensing and at time of sale, applicant's driver's license number or other acceptable form of identification, license plate and registration information for any vehicle to be used in conjunction with the licensed business and a description of the vehicle, recent passport style photograph of applicant, applicant's date of birth (Asking about age is risky unless the item to be sold or service to be provided cannot be legally sold or provided by a minor in which case proof of age is required), references (General character references are no longer of much legal value due to their arbitrary nature), and applicant's social security number.) A OCT -23-1997 09:46 LEAGUE OF MN CITIES P.09/17 SIAD cion 4_l . All applications for a license under this ordinance shall be accompanied by the fee established in the city's fee schedule as adopted from time to time by an ordina= passed by the council. Subd•v• . Upon receipt of the completed application and payment of the license fee, the city clerk shall forward the applicat°n to the council within two (2) reular business days of receipt- An application shall be determined to be complete only if all required information is provided. 'The City Clerk, within two regular business days of receipt, SMU determine if the application is complete. If the clerk determines that the application is incomplete, the cleric shall inform the applicant of the required necessary information which is missing. The council shall review the application and order any investigation, including background checks, necessary to verify the information provided with the application. within ten (10) regular business days of receiving the application from the city clerk, the council shall vote whether or not to issue the license. If the council approves the application, the clerk shall be instructed to issue a license to the applicant. If the rejects the application, the applicant shall be notified in writing of the council's decision, Me reason for the denial and of his or ber right to appeal the denial by requesting, within twenty . i . (20) days of receiving the council The s notice of rejection, a public hearing to be heard by within twenty (20) days a the date of the request• final decision of the council following ' the public hearing shall be appealable by petitioning the Minnesota Court of Appeals for a Writ of Certiorari. Com: In order to protect the applicant's due process rights, the council must act as quickly as possible. A ten to fourteen day turnaround should be reasonable. Longer delays would need J• In addition, the proper city appeals Procedure (to whom must the appeal be made, deadlines and timeframes, etc.) should be set out in the ordinance.) SubdivisWn k Dw=a. An annual license granted under this ordinance shall be valid for one year from the date of issue. All other licenses granted under this ordinance shall be calendar y valid only during the time period indicated on the license. Q�=: A city could elect to have all annual licenses expixe on a set day.) Section 210 %cense Exemptions. No license shall be required for any person to sell or attempt to sell, or to take or attempt to take orders for, any product grown, produced, cultivated, or raised on any farm. ote: The Minnesota State Constitution prohibits the licensing of farmers selling their own products. Caselaw prohibits distinguishing between the farmer and any other seller of the farmer's products. A number of cities still attempt to license the non -farmers but they do so at great risk of being challenged in court.) No license shall be required of any person going from house-to-house, door-to-door, business -to - business, street -to -street, or other type of place -to -place when such activity is for the purpose of exercising that person's State or Federal Constitutional rights (i.e., freedom of speech, press, religion etc.) except that this exemption may be lost if the person's exercise of Constitutional rights is merely incidental to a commercial activity. (Nogg: The courts have held that a person charging or requesting a small fee for a brochure expressing religious, political, ideological ideas, etc. is exempt but that the same person selling candy or flowers on behalf of an otherwise exempt classification could be subjected to licensing requirements.) Professional fund raisers worldng on behalf of an otherwise exempt person or group shall not an OCT -23-1997 09:4? LEAGUE OF MN CITIES P.10/17 be exempt from the licensing regtunments of this ordinance. (,&: It has been a common pract" for cities to simply =empt all non-profit organizatiow from all licensing requirements for peddlers, solicitors and transient merchants. Some cities would also life to exempt minors. While such exemptions are generated out of good int8ti0n3, flicy could present serious Legal trouble for a city. Under current ca.4elaw, any auempt to treat one classification fitly from another classifiption when both classificadoos are essentially doing the same thing, nukes the regulation highly susceptible to being overturned for being arbivag and capfidOas. When the nusance sought to be regulated is door-to-door type sales, the courts have not cared who is malting the sale. It appears that a city would have a hard time convincing the courts that, from a legal perspective, a non-profit group going door-to-door to sell their goods is any less annoying than a business doing the same thing. Perhaps an argument could be made based on the difference in the public's perception of noir-profit door to door sales versus those of retail tents, but given the fact that the courts have stated that those exempt for consul tens could Lose their cxcmp&os if their acUvities took on a commercial appears =, mien when the group in question was a non-profit church, such an argument does not seem likgy to P"Mil.) Sermon 220. lineligi'bidity for L&Mw. The following shall be grounds for denying a license under this ordinance: A. Thu fafiure of the applicant to obtain and show proof of having obtained any required County license. B. The failure of the applicant to truthfully provide any of the information requested by the City as a part of the application, or the failure to sign the application, or the failure to pay the required fee at the brine of application. C. The conviction of the applicant within the past five years from the date of application, for any violation of any Federal. or State statute or regulation, or of any local ordinance, which adversely reflects on the person's ability to conduct the business for which the license is being sought in an honest and legal manner or that will not adversely affect the health, safety, and welfare of the residents of the City. Such violations shall include but not be limited to: burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person. D. The revocation within the past five years of any license issued to the applicant for the purpose of conducting business as a peddler, solicitor, or transient merchant. E. The applicant is determined to have a bad business reputation. Evidence of a bad business reputation shall include, but not be limited to, the existence of more than complaint(s) against the applicant with the Better Business Bureau, the Attorney General's Office, or other similar business or consumer rights office or agency, within the preceding twelve (12) months, or _ such complaints filed against the applicant OCT -23-1997 09:48 LEAGUE OF MN CITIES P.11i17 within the preceding five (5) years. Qj=: A city Ms a fair amownt of discretion in malting this n, but it will need to document some sort of standards used to M2 ke its docUion. Tho city is CWGWIW not to rely on a single complaint.) Section 230 Suspension And Revocation- Any license issued under this section may be suspended or revo]wd at the discretion of the City Council for violation of any of the following: .n • tt :� : • WMIMII; . :�1tt a •• - C. Conviction of any offense fox which granting of a license could have been denied ander Section 220 of this ordinance- D. violation of any provmm of this ordinlwe x The suspension or revocation of any license issued for the psi TM of authorizing ma plc , persons to conduct business as perms or transient merchants on behalf of the licensee, shall serve as a mesion or revocation of each such authorized person's autharnty to conduct business as a peddler or tmsie merchant on behalf of the licensee whose license is suspended or revoked. 5jgM vi M 1 Notices. Prior to revoking or suspending any license :stied under this ordinance, the city shalt provide the license holder with written notice of the alleged violation(s) and inform the licensee of his or her right to a bearing on the alleged violation. Notice shall be delivered in peason or by mail to the permanent residential address listed on the license application, or if no residential address is listed, to the business address provided on the license application. &MLvj n2 Public l eariW. Upon reed ving the notice provided in Subdivision 1, the licensee shall have tip right to request a public hearing. If no request for a hearing is received by the city clerk within ten (10) regular business days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of madled notices, service shall be considered complete as of the date the notice is placed in the mail. If a public hearing is requested within the stated timeframe, a hearing shall be scheduled within twenty (20) days from the date of the request. within three (3) regular business days of the hearing, the city council shall notify the licensee of its decision. If in the discretion of the city council, imminent harm to the health or safety of the public may occur because of the actions of a peddler or trans t s lic merchant licensed under this ordinance, the council may immediately suspend license and provide notice of the right to hold a subsequent pubhearing as prescribed in Subdivision 2 of this section. OCT -23-1997 09:48 LEAGUE OF MN CITIES P. 12/17 Subdivision 4 AMMIn. Any person whose license is suspended or revoked under this section shall have the right to appeal that decision in court - Section 240 Transferability. No license issued under this ordinance shall be transferred to any person ott= than the person to whom the license was issued. Section 300 Ra&tration. An solicitors, and any person exempt from the licensing requuI W.,ts of this ordinance uunder Section 210 , shall be required to register with the city. kitegistraLion shall be made on the same form required for a license application, but no fee shall be required. Immediately upon completion of the registration form, the City Clerk shall issue to the registrant a Certificate of Region as proof of the registration. Cites of Registration Spall be non-uwsferable. : The courts have made it clear that a city cannot require formal licensing of solicitors involved in interstate commerce, nor of anyone exMising C.omstitutiorial rights. They have, however, indicated a willingness to allow registmdon so long as the procedure is simple, no fee is involved, and the time involved is... ; L minimal.. Cities may want to consider this option because it provides them with a means o knowing who is conducting business within the city and how to contact the person should residents have complaints about the person's conduct or product. 'The licensing of solickoxs not involved in interstate commerce would otherwise be allowable, but the Minnesota caselaw fording it to be arbitrary and capricious to enforce different requirements for different people conducting the same activity, manes it doubtful that such a requir=ent could be enforced here.) Section 400 Frohbited Activities. No peddler, solicitor, or transient merchant shall conduct business in any of the following manners: A. Calling attention to his or her business or items to be sold by means of blowing any horn or whistle, ringing any bell, crying out, or by any other noise, so as to be unreasonably audible within an enclosed structure. E. Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk, or other public right -of --way. C. Conducting business in such a way as to create a threat to the health,safety, and welfare of any individual or the general public. D. Conducting business before seven o'clock in the morning (7:00 a.m.), or after nine o'clock at night (9:00 p.m.). QlQm: A, city may set reasonable hours for sales. Any time Win, however, must allow reasonable access to persons during non- traditional workday hours. Courts have struck down restrictions limiting sales to the hours of 8:00 a.m, and 6:00 p.m. because such a restriction precludes reasonable access to the general working population.) R Failing to provide proof of license or registration, and identification, when requested; or using the lice= or registration of another person. fZ OCT -23-1997 09:49 LEAGUE OF MN CITIES P. 13/17 F. Malting auy false or misleading statements about the product or service being sold, including untrue statements of eadosxmenL No peddler, solicitor, or transient merchant shall claim to have tie endorsement of the city solely based on the City having issued a license or certificate of dation to that person. G. Remaining on the property of another when requested to leave, or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating, or abusive. Section 500 Mull don by placard. No peddler, solicitor, or transient merchant, Unless invited to do so by the property owner or tenant, shall enter the property of anotbex for the purpose of conducting business as a peddles', solicitor, or transmit merchant when the property is marked with a sign or placard at least tbroe and ftv"uarter ( 3-3/4) inches and three and three-{gtsuter (3-3/4) inches wide with print of at least 48 point in size stating "No Peddien, Solicitors, or Transient Mme,' or "peddlers, SOEC7f M, and Transient Membants Probr�od," or other comparable fit. No person other than the property . . owner or tenant shall remove, def kee, or otherwise tamper with any sign or placard u this section. + Section 600 'Violations and Penalties. Any person who violates any provision of this ordinance shall be guilty of a misdemeanor and upon conviction of any violation shall be subject to a fine not to exceed seven hundred dollars (x700) or a jail sentence not to exceed ninety (90) days, or both, plus tier cost of prosecution- Each day a violation exists shall constitute a separate violation for the purposes of this section. Section 700 Repeal. AIL ordinances in conflict with this ordinance are hereby repealed - OEM: A city should list any specific ordinance it knows needs to be repealed.) Section 800 Separability. Should any section, clause, or portion of this ordinance be found invalid, unenforceable, or unconstitutional by a court of competent jurisdiction, such finding shall not apply to any other section, clause, or portion of this ordinance, unless the court's findings specifically provides otherwise. Section 900 Effective Date. This ordinance shall take effect upon publication in the City's official newspaper. 13 OCT -23-1997 09:50 LEAGUE OF MN CITIES P.14/17 Paddler, Sollcttor, Tr mieut Merchant Model Ordins m R,datwm Llai The following tat of cases and refareace materials were used to draft the Lamm's Model Peddler, Solicitor, aad TransiaA Marchant Ordinance dated 4/93, as well as the "Did You Know?" column for the April 1995 edition of Wumw ots Cities Magazine. Summaries of cases cited within the listed cases and refercace material may also have been relied om Court Caste (citation only): Brmrd. Y. Crtv of Alexandria, 341 U.S. 622, 71 S.0 L 920 (1951). City of St. Paul-, griaQs. 8S Miun. 290 (1902). Qty Qf St. Pa vomer, 25 Minn. 248 (1878). ,C4 of Wasecay, Braun_ 206 Mims. 154 (1939). „ 133" Co. v,,C& of Northfialsi, 247 Minn. 387 (1956). In Re White, 43 Minn. 250 (1890). RW Sinc F-osiary Inc.v Ciiy of Portland, et*al,, 268 U.S. 325, 45 S.CL 525 (1925). State v. Claudio, et.al., Case Nos. 91082723, 91082706, 91082727 Fourth District, Sate of NW:mesota (1992). State Jix Rel. Mudekaag v. Parr. 109M[inn. 147 (1909). Sgte v. Pherson, 205 Minn. 573 (1939). State v. Schmidt, 280 1Vfiw. 281 (1968). State Par Rel. v. Wim, 69 Minn 206 (1897). Cases by Primary Orcfinance Topic (cues omitted, see above): DefimitWnS: City of St. Paul v. Briggs jR;ccelsior Balong Co. v. City of Northfield State v. Claudio,et.al. State Ex Rel. Mudel ing v. Parr Dafiuti 'on Exern 'ons: City of St.Paul V. Briggs Excelsior Baking Co. v. City of Northfield Licensing v Re6mdnQ: State v. Claudio, et_al. State v. Schmidt 14 OCT -23-1997 09:50 LEAGUE OF MN CITIES =OF— .. 1 �!Ilrr Other Reference Materials: P.15/17 $rmd v. City of Alexandria City of Wam= v. Braun (sec Mad= decision cited in cue) Real Silk Hosiery NEU, Inc. v. City of Portland State v. Claudio, et.al. State Y. Schmidt State v. Claudio, CL al. State v. Pherson $ta c ex rel. V. wagerer �j1. nr, a r.::�r,�r. Mj {�:1 a 1 •1pled.1 a . - =11 :.=r rr.. H&QdWk for Nbno= C* UdbUU2 dyu.: =J1t f=Section 26.145. N._ IIII. gi e_U•J= MC AgOp 9-13-50 (formal. . missinM LWC Me 411--,- , Chapters 329, 412, and 437. dated July 29, 1994. :c-. � � LCL _I _. y • �/ 1 1 � � ✓. • � 11 r •y � • V �_ :�• �,�.? ..!!_e _. Inquiry Response Letter to the City of Maple Grove, dated July 15, 1992. Inquiry Response Letter to the City of Dilworth, dated September 2, 1994. Memo 9-29-69, file 410a. Memo 11-19-76, file 410x. Memo 9-9-92, file 410x. Miscellaneous Paper "Regulation of Commercial and Non -Commercial Solicitation - Drafting an Enforceable Ordinance," by John H. Brechin (1984), file 410x. Miscellaneous Paper "Solicitation - Charitable and Religious - Guidelines for Drafting an Ordinance,* by John H. Brechin and excerpted from the 1982 Report of the Committee on Civil Rights, Civil Liberties, and Voting Rights, Prepared by J. Bruce Aycock, and delivered at NLWW'S Miami Conference (1982?), file 410x. is- OCT -23-1997 09:51 LEAGUE OF MN CITIES P.16i17 Modified Green River Ordinance (Adapted from an ordinance passed by City of Wadena. Footnotes are at end of memo.) ORDINANCE NO. AN ORDINANCE PROHIBITING PEDDLERS OR SOLICITORS FROM ENTERING UPON CERTAIN PREMISES WITHIN THE CITY OF MINNESOTA, AND PROVIDING PENALTIES FOR VIOLATION. The city council of , Minnesota ordains: . Section 1. Subdivison 1. For the purposes of 5ubd. 3. "Solicitor" means any person who this ordinance the words defined in this section goes from house to house soliciting or tailing or have the meanings ascribed to them. attempting to take orders for (1) the purchase Subd.'2. "Peddler" means any person with no of any goods, wares, or merchandise, including fixed place of business who goes from house to magazines, books, periodicals, or personal pro. house carrying or transporting goods, wares or perty of any nature whatsoever for delivery in merchandise and offering or exposing the same for sale, or matting sales and deliveries to pur- chasers of the same. Section 2. Any resident of the city who wishes to exclude peddlers or solicitors from premises occupied by him may place upon or near the usual entrance to such premises a printed pla- card or sign bearing the following notice: "Pedd[Sv* and Solicitors Prohibited." Such placard shall be least 3% inches long and 3% inches wide and the printing 'thereon shall not be smaller than 48 - PC; nt &point type. Section 3. No peddler or solicitor shall enter in or upon any premises or attempt to enter in or upon any premises, where such placard or sign is placed and maintained. Section 4. No person other than the person occupying such premises shall remove, injure or deface such placard or sign. the future, or (2) services to be performed then .or in the future. Section S. Any person who violates any pro• vision of this ordinance is guilty of a misdemeanor and upon conviction, shall be punished by a fine' not exceeding $500 or .by imprisonment for a period not exceeding 90 days, or both, plus, in either case, the costs of prosecution.3 Section 6. Ordinance No. �adopted 19 =, and entitled "An Ordinance etc." is hereby repealed.4 Section 7. This ordinance takes effect on - - -- 19 Adopted by the council this day of ,19 . ATTEST: r It fle Mayor OCT -23-1997 09:51 LEAGUE OF MN CITIES The Green River Ordinance (Slightly adapted - not a verbatim copy of the �riglnal ordinance) ORDINANCE NO. AN ORDINANCE PROHIBITING UNINVITED SOLICITING FROM HOUSE TO HOUSE AS A NUISANCE AND PROVIDING D PENALTIES FOR VIOLATION. The council of the city of ordains: Section 1. The practice of going in and upon private residences or residence properties in the city by solicitors, peddlers, hawkers, itinerant merchants, and transient vendors of merchandise, not having been requested or invited so to do by the owner or owners, occupant or occupants of such private residences, for the purpose of soli- ng orders for the sale of goods, wares and merchandise,, or for the purpose of disposing of or peddling the same,1 is hereby' declared to be a nuisance? Section 2. Any person who violates any pro- vision of this'ordinance is guilty of a misdemeanor and upon conviction shall be punished by a- fine not exceeding $500 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution 3 Section 3. Ordinance No. adopted ^--, 19 -------- and entitled "An Ordinance etc." is hereby repealed.4 Section 4. This ordinance takes effect- on. 19 5 Adopted by the council this — day of Attest: Clerk Mayor TOTAL P.17 10/23/97 15:49 CITY OF CHAMPLIN - 612 441 4414 NO.447 P02 AN ORDINANCE AMENDING THE ORDINANCE LICENSING AND REGULATING PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS AND PROVIDING PENALTIES FOR VIOLATIONS AND RJSr.ATTNG TO PEDDLERS, SOLICITORS AND TRANS The City Council of the City of Champlin, Minnesota does ordain: Section 11400 of the Champlin City Ordinance is hereby deleted in its entirety. Section 11-401 nefinitions. Subd. 1. For the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section: Subd. 2. "peddler" means any person who goes upon the streets, sidewalks or other property in the city showing goods or merchandise for sale and selling them. Peddler also means any person who travels from place to place within the city carrying or transporting goods or merchandise and selling them. Subd. 3. "Solicitor" means any person who goes from house to house soliciting or taking or attempting to take orders for the purchase of any foods, wares or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever for delivery in the future, or orders for the performance of maintenance or repair service in or about the home or place of business, such as furnace cleaning, roof repair or blacktopping. Subd. 4. "Transient Merchant" means any person, firm or corporation who engages temporarily in the business of selling or delivering goods, wares, or merchandise within the city, and who, in the furtherance of such purposes, hires, leases, uses or occupies any of the following or any portion thereof: building, structure, lot, vacant lot, motor vehicle, trailer, railroad car, or tent. Section 11-402 Paddlgrs And solicitors may Be Proh-"- IMM-WliY Any resident of or business in the city who wishes to exclude peddlers or solicitors from premises occupied by the resident may place upon or near the usual entrance to such premises a printed placard or sign bearing the following notice: "Peddlers and solicitors Prohibited", in letters at least om one-half inch high. No peddler or solicitor shall enter in or upon any premises or attempt to enter in or upon any premises where such a placard or sign is placed and maintained. No person other than the person occupying such premises shall remove, injure, or deface such placard or sign. Section 11-403 ,Re i 4g' on ^f Erngerty Owner Re No peddler, solicitor or transient merchant shall sell or offer for sale any goods, wares, or merchandise within the city from a stationary location on public or private property without first obtaining the written consent of the property owner or occupant. Section 11-404 Td nenr2e Re ed. No peddler, solicitor or transient merchant shall sell or offer for sale any goods, wares, or merchandise within the city unless a license therefor shall first be secured as provided by this ordinance. A. Group Sales. in the case of group sales where two or more transient merchants are engaged in business at the same time and location, it shall not be necessary for any such transient merchant to obtain a license under this chapter provided that the sponsor, promoter, or organizer of the group sale has obtained a license as required under this chapter and has submitted such information for all other transient merchants involved in the group sale as may be required by the City. Section 11-405 A32pliCatiOn and anC&. Application for such license shall be made to the City on a form supplied by the City. The applicant shall include: a. The full name, address, date of birth and driver's license number of the applicant and of all persons associated with hien/her in the business. b. A photograph of the applicant, taken within 60 days immediately prior to the date of filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner. 10/23/97 15:50 CITY OF CHAMPLIN 4 612 441 4414 NO.447 904 c. A brief description of the nature of the business and the goods to be sold. d. The name and address of the employer, if any. e. The length of time for which the license is desired. f. The source of supply of the goods or property proposed to be sold, or in t he se of goods or property to be sold by n of orders, where such goods or products are located at the time the information is submitted to the City, and the proposed method of delivery. g. The applicant is required to provide a criminal history check performed by the State of Minnesota Department of Public Safety indicating whether the applicant and the organization's representatives included on the application form have been convicted of any crime, misdemeanor or violation, the nature of the offense and the punishment or penalty assessed. The applicant and each of the organization's representatives are required to display on their person an identification badge issued by the City. h. Whether the registrant has taken advantage of any state or federal bankruptcy or insolvency law or proceeding as a bankrupt or debtor within the ten most recent years. i. In the case of transient merchants, the place where the business is to be carried on. j. The type of advertising to be used. k. If a vehicle is to be used, a description of the same, together with the license number or other means of identification. Applications shall be issued upon payment of a fee as indicated in section 11-405 to offset -11- 10/23/97 15:50 CITY OF CHAMPLIN -+ 612 441 4414 NO. 447 ` 005' administrative costs and the costs of investigation. Every application shall bear the written report and recommendation of the Chief of Police after an investigation of the moral character of the applicant. The completed application shall be presented to the City Council for the Council's consideration and if granted by the City Council, a license shall be issued by the city upon payment of the required fee. A. Denial of License. Peddlers, solicitors or transient merchant licenses may be denied for the following reasons: a. The applicant, or anyone whose activity would be covered by the license, has been convicted of a felony.. b. The applicant has furnished false information on the application. c. The applicant has previously sold goods in the City of Champlin without a license if one was required. d. No transient merchant license shall be issued unless the applicant submits written consent of the property owner, as required under Section 11-403, along with the license application. e. No peddler's license shall be issued to peddlers whose sales occur directly from vehicles on city streets. f. No transient merchant license shall be issued for sales from any location which does not have sufficient parking for customers and for areas where customer parking would interfere with normal traffic flow. No transient merchant license shall be issued for activities on any property abutting Highway 169 or Hennepin County Road 12. Section 11-406 License.Feas. FSEs for licenses shall be established by resolution of the City Council.. Section 11-407 Practi c!en prohibited. No peddler, solicitor, or transient merchant shall -12- 10/23/97 16:21 CITY OF CHAMPLIN - 612 441 4414 NO. 450 D02 call attention to his/her business or to his/her merchandise by crying out, by blowing a horn, by ringing a bell, or by any loud or unusual noise, nor shall any person engage in business after the hour of 8:00 p.m. or before 10:00 nor hallunless any previous appointment has been made, application person furnish false information ar theshallp any such required in Section 11-405; person sell merchandise or services by means of statements which the person making them hall any knows or should know are false or misleading; I such person violate any provision of Section 13-116 of the Champlin Code of ordinances. No transient merchant shall occupy any area within a site triangle at ny intersection for the purpose of advertising conducting business. For purpose of this section, a site triangle is the area located at a h cortriner of intersecting streets contained by composed of sides the curb Zlinee or Hedge of fromor the corner along street and the line connecting the non joining ends of those two sides. section 11-408 All licenses and/or copies of shall be carried by the licensee and/or their representati e, and officer toe license shall be exhibited u�ss citizen upon request. If any business is conducted from a stationary location, the license shall be conspicuously posted and displayed. section 11-409 Each license shall be valid only for the period specified therein and no license may extend beyond the 31st day of December of the year in which it is granted. A retroactive license fee will not be allowed. section 11-410 iQ �} raa e All licenses shall be nontransferable. No refunds shall be made an unused portions Of license except by resolution of the City Council. Each solicitor or transient merchant shall secure a separate license. section 11-411 This chapter does not apply to the following: -13- 10/23/97 16:22 CITY OF CHAMPLIN - 612 441 4414 N0.450 ' VUJ 1. Vendors of Milk, groceries, bakery products, or other perishable commodities or vendors of soft water service or laundry and dry cleaning and delivery who make an uninvited pick --up ant of a resident or on the occup call upon the relimi.nary step to business as a p for establishment of a regular route service f such commodities or the sale and delivery o the providing of such services to regular or for goods, the sale of usiness, customers; b merchandise or services to commercial, or industrial users at their place of business. organization, society, 2. Any nonprofit g to have association or corporation desiring or of money solicited in its name ton Gell or distribute tions property, or desiring any item eefislitera literature or merchandise for which a religious, and which has a charitable, patriotic or philanthropic purpose is exempt from the provisions of Sections 11-404 and 406 provided there is filed a application in writing an a form to be furnished by the City which contains the following information: (a) organization's n Specific cause for which exemption is (}�} Names and addresses ohefficers and directors of the organization; (c) Proof of current year registration with the State Attorney General's o€fice; (d) Period during which solicitation is to be carried on; and (e) Whether or not any commission, fee, wages or emoluments are to be expended in connection with such solicitation and the amount thereof. peon being satisf1eduis argreligious, association or Corporation or philanthropic charitable, patriotic City shall issue a license organization, the without fie to such organization, association or corporation, upon approval and direction of the City council. Such organization, -14- 10/23/97 15:56 CITY OF CHAMPLIN -+ 612 441 4414 association or corporation shall furnish information about all its members, agents or representatives conducting solicitation, including full name, address, date of birth and drivers license number, along with their credentials in writing. 3. Any sale under court order, to any bona fide auction sale, or to a sale at wholesale to a retail dealer. 4. Garage sales or rummage sales when conducted in or by a nonprofit institution, or when conducted upon the premises of an owner of the articles being offered for sale provided that such sales do not last longer than 72 hours, and provided that no more than three (3) sales be conducted at any given location within one year. Section 11-412 special Ev_nts. No peddler, solicitor or transient merchant licenses shall be issued during special events, including the days of the annual Father Hennepin Festival. Any ;license issued for a duration of time which encompassees the days of special events shall not be effective for the days of such events. No person, firm or corporation shall operate, maintain, or conduct any circus, caravan, carnival or provide amusement or entertainment by the use of roller coasters, merry-go-rounds, ferris wheels, or other similqr vehicales or mechanical devices within the City of Champlin without first procuring a license as provided herein. No license shall be issued within the City of Champlin sixty (60) days prior to or sixty (60) days after the Father Hennepin Festival. Section 11-413 Beygcation. The license issued pursuant to this chapter may be revoked by the City Council after a 10 -day notice to the applicant by mail and hearing, for any of the following reasons: 1. Any fraud, misrepresentation, or false statement contained in the registration or in the application for license; 2. Any fraud, misrepresentation, or false statement made in connection with the selling of goods, wares or merchandise; 3. Any violations of this chapter; 4. conviction of the licensee of any crive involving moral turpitude, fraud, or theft; 5. Conducting the business licensed under this chapter in any unlawful manner or in such manner as to constitute a breach of the peace -15- 10/23/97 15:57 CITY OF CHAMPLIN 4 612 441 4414 NU.44a GC2 or a menace to the health, safety or general welfare of the public. Section 11-414 Any person who violates any provision of this ordinance is guilty of a misdemeanor and upon conviction shall be Punished by a fine not exceeding $700 or by imprisonment for a period not exceeding 90 days, or both, plus, in either case, the Costs of prosecution. Section 11--415 Ordinance No. 25, adopted May 16, 1972, and entitled "An Ordinance Regulating and Licensing Transient Merchants", and Ordinance No. 196, adopted July 22, 1986, and entitled "An Ordinance Licensing and Regulating Peddlers, Solicitors, and Transient Merchants and Providing Penalties for Violations and Repealing Existing Ordinance Relating To Transient Merchants" and its amendments is hereby repealed. Section 11-416 This ordinance shall be in full force and effect from and after its adoption and publication. ORDINANCE 25 05/16/1972 ORDINANCE 183 03/25/1986 ORDINANCE 196 07/22/1986 ORDINANCE 267 06/28/1988 ORDINANCE 395 07/13/1992 ORDINANCE 397 08/24/1992 ORDINANCE 447 12/22/1994 ORDINANCE 485 07/22/1997 -16- City of Otsego Engineer's Agenda Items City Council Meeting October 29, 1997 8.1 Response to Otsego/Albertville Road Meeting Minutes We have attached a letter of response to Engineering related concerns regarding several items from the October 14, 1997 minutes. Bob Kirmis, NAC, also has comments related to the meeting minutes. We have attached NAC's comments for reference. We will be available at the October 29, 1997 City Council Meeting to discuss these issues further. 8.2 Resolution Extending Sanitary Sewer Service Area Boundary After discussion with staff, a sewer service area boundary revision is proposed as depicted on the attached lot residential housing. ln Exhibits. The area is to r include cl udingthe area the aRangeong Service Area is comprised of large two distinct purposes: 1. Provides uniformity in the service area boundary in the Highway 101 corridor. This is accomplished by establishing a quarter mile corridor on either side of Highway 101 to the southernmost City limits - 2 Includes an area of residential development which may experience septic system problems in the future. This is similar to planning for the existing y developed area in the northeast portion of the City. The area would be served by a lateral system internal to the boundary. A small lift station and forcemain would be installed to convey the sewage either north or east, depending on the location of future trunk construction. The area is feasible with respect to being serviced. Benefit would have to be determined at a future date. The original study, dated June 1997, was accepted by the Council by Resolution. A Resolution revising the service area boundary is attached. The revision will not affect the 20 year planning area or other assumptions made in the June 1997 study. 8.3 Cost of Services for Design of 1998 Sewer and Water System Improvements We have prepared a cost of services to perform design related work for the proposed 1998 Water and Sewer Improvements. The attached letter describes our proposed services and related experience. We will be available at the October 29, 1997 City Council meeting to discuss this issue further. 8.4 Any Other Engineering Business A. Discussion by Ted Field of Bonestroo on design services for the WWTF. otcc 1029.eai Hakanson Anderson ASSOC., Inc. October 22, 1997 Elaine Beatty, Clerk City of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 RE: Response to Otsego/Albertville Road Meeting Minutes of October 14, 1997 Dear Elaine: =00. 3601 Thurston Avenue Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3A01- 0520 Hakanson Anderson Associates, Inc. has reviewed the above referenced meeting minutes as prepared by Councilmember Virginia Wendel. We offer the following comments: 70th Street Project Otsego could potentially enter into an agreement with Wright County similar to the agreement for the Odean Avenue / CSAH37 Intersection Realignment Project of 1994. The City would have to allocate Municipal State Aid Funds for this project. This project is not on the five year County plan prepared in 1994. The City would be spending a significant amount of State Aid Funds on this project. A decision should not be made on this issue until the Comprehensive Plan is completed. We would recommend against installing a 2" thick asphalt roadway on any permanent basis. Potentially, the Developer could install and later remove the roadway. The City may be better served by adding 1-1/2" of bituminous over the 2" installed by the Developer. A 3- 1/2" asphalt roadway can be adequately preserve through a normal maintenance program. A 2" roadway will be difficult to maintain in any economical fashion. Sewer Service, Water Service and the Racetrack There is not enough information nor firm enough plans to discuss utilities to the western areas of the City, including the potential racetrack area. Consideration for sewer and water services to the western area will be discussed during preparation of the Comprehensive Plan. At that time, the potential for development will be reviewed. This will impact the determination of need for sewer and water services in the western area. This issue should be reviewed by staff in detail at that time. Kadler Avenue and MacIver Avenue Issues This issue should be addressed during the comprehensive Plan update. In the interim, Otsego must ensure that the City's residents have viable ingress and egress to their properties. Roadway Engineers Landscape Architects Surveyors I� Elaine Beatty, Clerk Page 2 October 22, 1997 realignment could be feasible, however, long range comprehensive planning must occur before a decision is made. The extent of development in the west will impact the decision on this issue. Road Sharing Expenses Agreement We do not have any significant concerns with the proposed amendments. Our comments are as follows: 0. The City can notify Albertville prior to graveling the roadways. ► Crack -sealing can be performed on a 2 to 3 year average and still maintain the integrity of the roadways. ► Albertville is ensuring that they will not be charged exorbitant rates for maintenance. We do not forsee significant adjustments to the rates listed in the attachment to the Agreement. The City Attorney should comment on this issue and provide the proper language for revising the Agreement. 18" Culvert Issue This issue has a long history and involves Otsego, Albertville and St. Michael. We are reviewing and researching past documents and will reply under separate cover to this issue. If you have any questions, please do not hesitate to contact me. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. clk cc: John Harwood, PE Pete Raatikka, PE Bob Andy ot90 I .rsp Hakanson '■■ Anderson Assoc., Inc. OCT-22-1997 15:33 NAC 612 595 9837 P.02i0 NORTHWEST ASSOCIATED CONSULTANTS Nw,6INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Otsego Mayor and City Council FROM: Bob Kirmis / David Licht DATE: 22 October 1997 RE: Otsego - Southwest Area Planning Issues FILE NO: 176.08 At the City Council's request, we have prepared a response to the various planning related issues raised at the 14 October meeting of the Otsego/Albertville Road Committee. 70th Street. Question was raised as to Otsego's position on the future improvement of 70th Street which forms a boundary between Otsego and the City of Albertville. Because no written agreement presently exists between Otsego and Albertville (concerning border roads), no assurance exists that the entire 70th Street right-of-way may be improved at one point in time. Technically, Albertville has jurisdiction only to the roadway's centerline. We feel it would be appropriate for Otsego to have an opportunity to provide input on projects which utilize border roads. This issue should be subject to further comment by the City Attorney and City Engineer. MacIver Avenue. The Road Committee has suggested the realignment of MacIver Avenue near Interstate 94. While our office concurs with the recommendation of the Road Committee, future right-of-way dedication associated with such realignment would (and should) likely coincide with future development proposals_ This issue should be subject to further comment by the City Engineer. Sewer Availability. Question was raised at the meeting whether Albertville's sewer service would be made available to Otsego properties in the area and what service charges could be expected. Regardless of whether such service is to be made physically available to the City of Otsego, decisions regarding the acceptability of urban development in the area have yet to be formally addressed_ Obviously, there are both positive and negative aspects to allowing urban type development in the area. It is anticipated that this issue will be discussed in detail as part of the Comprehensive Plan update. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 5 PHONE 6 1 2-595-9636 FAX 6 1 2-595-9637 Albertville Well. The meeting minutes indicate that Albertville has given some thought to constructing a new well proximate to the southwest Otsego area. Question was raised whether Otsego would be interested in entering a joint powers agreement for water service in the area. Prior to contemplating such decision, a basic determination needs to be made whether "urban -type" development is desired in the area. It is expected this issue will be addressed as part of the Comprehensive Plan update. This issue should be subject to further comment by the City Engineer. Race Track. The Road Committee questioned how sanitary sewer service would be provided to the proposed race track (either by Albertville or Otsego). Again, it is considered somewhat premature to discuss servicing details of the project until a formal determination of the use acceptability is made. It is our understanding that the race track project hinges upon the future construction of an interchange at Kadler Avenue/Interstate 94. Should the construction of such interchange not be feasible, the track plans as conceptually discussed may not proceed. If the City (or Cities) determines that the race track use is generally acceptable (via initial concept plan approval), servicing details should then be addressed. It is anticipated that any concept plan approval would be made contingent upon sanitary sewer service being made available. This issue should be subject to further comment by the City Engineer. Kadler Vacation. Question was also raised regarding the vacation of Kadler Avenue south of Interstate 94. While we have no particular problem with the vacation of Kadler between Interstate 94 and CSAH 37, a concern does exist regarding the vacation of Kadler south of CSAH 37. Of particular issue is the possible termination of public street access to parcels along Kadler (i.e., cellular tower sites). In this regard, the vacation of Kadler south of CSAH 37 should not occur until alternative public street access is provided. This issue should also be subject to further comment by the City Engineer. Albertville Cemetery Creek; Drainage related impacts of the Albertville Cemetery Creek upon the Otsego Creek should be subject to comment by the City Engineer. It is anticipated that this material will be discussed at the forthcoming 29 October City Council meeting. Attached for reference purposes are minutes of the 14 October 1997 Road Committee meeting and a map of the area under discussion. PC: Elaine Beatty Andy MacArthur Kevin Kielb Mike Robertson 2 T1—ITi2d P 27 RESOLUTION NO. RESOLUTION AMENDING SEWER SERVICE AREA BOUNDARY WHEREAS, the City of Otsego adopted a Sanitary Sewer Collection System Study, dated June 1997, by Resolution No. 97-14, AND WHEREAS, after review and deliberation by the Council related to the long range sewer service area boundary, a revision to the Study is recommended, AND WHEREAS, the recommended revision involves extending the long range service area boundary as depicted on the attached Exhibit, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. The long range sewer service boundary is hereby revised as depicted on the attached exhibit. Adopted by the Otsego City Council this day of , 1997. Mayor Clerk ot607.rs5 Hakanson Anderson Assoc., Inc. October 22, 1997 Honorable Mayor and Councilmembers City of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 RE: Design services for 1998 Water and Sewer Improvements Dear Mayor and Councilmembers: 8.3 3601 Thurston Avenue Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3A0-1__ 0520 As requested at the October 13, 1997 City Council meeting, enclosed herein is the estimate of design services for construction of the 1998 Water and Sewer Improvements. Total fees are based on our Engineering Services Agreement with Otsego, with design services being a percentage of construction cost. The fees are as follows: SANITARY SEWER WATER SYSTEM Estimated Project Cost $2,134,000 $1,300,000 Estimate Construction Cost $1,640,000 $1,000,000 Fee Percentage, from Engineering Contract 5.8% 6.0% Total Base Fee, through Construction $ 95,120 $ 60,000 Fee through completion of Plans, 75% $ 71,325 $ 45,000 Less Credit for Preliminary Study $ 1.125 $ 3.200 Total Estimated Fee for Plans & Specifications $ 70,200 $ 41,800 Total Fee $ 112,000 Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. A. Harwood,�E clk ot607.dsm Engineers Landscape Architects Surveyors i B. Basic services of the Engineer: 61J, (1) Diagrammatics: The Engineer strall prepare all required schematic drawings, layouts, flow diagrams, studies, reports, construction cost estimate based upon the diagrammatics and make a presentation at a public hearing, as requested by the Owner. (2) Preliminaries: The Engineer shall supervise the making of all required sub -surface explorations, shall make the necessary topographical surveys for the design purposes and shall prepare preliminary drawings, outline specifications, a construction cost estimate based upon the preliminaries, and make a presentation at a public hearing, as requested by the Owner. (3) Contract Documents: From the approved preliminaries, the Engineer shall prepare working drawings, specifications and other necessary documents completely describing the material and workmanship required and procedures to be followed for the construction of the Project, and he shall adjust the preliminary construction cost estimate to include changes in the scope of the Project, the Owner's requirements and market conditions. (4) Receipt of Proposals: The Engineer shall furnish up to 6 sets of drawings and specifications, as directed, for the Owner for use by the Owner and the Contractor. In addition, the Engineer shall provide up to 20 sets of drawings and specifications for the use of bidders in submitting proposals. Additional sets if required shall be paid for by the City at cost plus overhead at maximum of 10%. The Engineer may require a deposit on the drawings and specifications. He shall assist the Owner in securing Proposals from Bidders, in analyzing such Proposals, and in preparing the Contract for execution by the Contractor. (5) During Construction: The Engineer shall perform general observation of the project to check the Contractor's work for general compliance with the drawings and specifications and shall endeavor to protect the Owner against defects and deficiencies in the work of the Contractor, but he does not guarantee the Contractor's performance. The Engineer's general observation shall not include furnishing a full-time resident Engineer (6) Assessment Hearings: The Engineer shall attend assessment hearings and answer questions of the public. Otsego/Dayton WWTF Site Selection Process • June 1996 Facilities Plan determines Crow River is the best alternative for discharge of effluent ♦ WWTF is depicted in Otsego (prior to combining with Frankfurt Township) ► Centrally located to three communities (Otsego, Dayton, Frankfurt Township) ► Close proximity to Crow River and Mississippi River ► Downstream end of natural drainage area ► larger parcels available, up to 80 acres • June 1997 Site Selection Study analyzed three sites in the general location presented in the Facilities Plan. ♦ General area depicted in Facility Plan ♦ Near the Crow River ♦ In currently undeveloped area ♦ 40 acre parcels ♦ Land along the Crow River was not selected due to limited parcel size, limits on expandability and proximity to residential development • Subsequent Analyses ♦ Site by site review as ordered by the City Council ♦ Mayor contacted land owners in area (no willing sellers) ♦ Focus was on land adjacent to CSAH36 to limit access road costs ♦ Land near Crow River was found to be expensive to fill (± $200,000 in additional site preparation costs) ♦ Discharge point desired west of peninsula per conversations with MPCA ♦ Council selected site to allow for final preparation of Facility Plan • September 1997 Facility Plan ♦ Central to the Otsego/Dayton service area ♦ Located in an undeveloped area ♦ Close proximity to Crow River and Mississippi River ♦ Less than 500 feet from Crow River ♦ Adequate area available for long-term capacity of the service area ♦ No significant constraints to site grading, landscaping, facility orientation and site buffering ot607.ssp Otsego/Dayton WWTF Site Selection Process • June 1996 Facilities Plan determines Crow River is the best alternative for discharge of effluent ♦ WWTF is depicted in Otsego (prior to combining with Frankfurt Township) ► Centrally located to three communities (Otsego, Dayton, Frankfurt Township) ► Close proximity to Crow River and Mississippi River ► Downstream end of natural drainage area ► larger parcels available, up to 80 acres hk.-�\f�Flrkf f(l\+i�.ii—lll'� QrY or n�J r ON TW GMAT ■ M KNa Sanitary Sewer Study Area Proposed Sewer System i � lonz s ' ` .. . City Of, ; 071[00 101q Mlgl 1111VLi1MNfOU,.W1� otseg t Figure 2 WM WASTEWATER TREATMENT PLANT W LIFT STATION FORCE MAI N GRAVITY SEWER JOINT SEWER DISTRICT BOUNDARY OTSEGO COMPREHENSIVE LONG-RANGE PLAN OTSEGO COMPREHENSIVE IMMEDIATE SERVICE PLAN — PIPE SECTIONS BUILT IN FIRST 10 YEARS NOTE- All sewer sizes not shown are Iecs than 10" Hassan Township Rogers 1 TEMPORARY SERVICE AREA ' TO ROOERs ' _ City of Davton 6100 0 6100 _12200 Peel 'I•A Bonestroo Rosene 1Anderlik & 1� Associates I\.5m\5n.in1\RFWFR APR 11 GYM ITA\ ALTERNATIVE 1 - AERATED POND SITE LOCATIONtjonesiruu Rosene Anderlik d DAYTON, FRANKFORT, OTSEGO, MINN. FIGURE 4 Associates WASTEWATER FACILITY PLAN 50301F04 JUNE 1996 COMM. 50301 I\ � � v W O � u 0 200 •CO � U Score ' feet o C•y OF OTSEGO — _ .— — — ° ---�-- __-----s��---- — — — — — — — — ——7R;..`TU rcZSHIP z w w 'ALTERNATIVE 2 - EXTENDED AERATION SITE LOCATION DAYTON, FRANKFORT, OTSEGO, MINN. FIGURE 6 WASTEWATER TREATMENT STUDY 50301F06 JUNE 1996 COMM. 50301 Bonestroo Rosene Anderlik d Associates Otsego/Dayton WWTF Site Selection Process • June 1997 Site Selection Study analyzed three sites in the general location presented in the Facilities Plan. ♦ General area depicted in Facility Plan ♦ Near the Crow River ♦ In currently undeveloped area ♦ 40 acre parcels ♦ Land along the Crow River was not selected due to limited parcel size, limits on expandability and proximity to residential development 1000 0 00G _'GGu SCALE IN rLE1 WASTEWATER TREATMENT PLANT SITE SELECTION CITY OF OTSEGO/ CITY OF DAYTON DATE: 6/24/97 FILE: OT6O9 SIl 1 A. Parcel Data: ♦ Description: SEY4 of SE'/4 of Section 35, Township 121, Range 23 ♦ Owners per County Records: Fae Jacobs, Loretta Moos, Dorothy Kirkpatrick ♦ Area: 40 acres plus right-of-way for access = 2.5 acres Total Acquisition: approximately 42.5 acres B. Environmental ♦ Wetlands - None identified from aerial photos. ♦ Distance from center of site to nearest residential development 1700' N.W. and S.W. - Greater than a quarter mile ♦ Drainage: Ninety percent of 40 acres drain to the northeast to a ditch. The drainage pattern is developed with the ditch being the outflow conveyance. The pattern of drainage is functional. Availability for storage pond of runoff appears to be good in N.E. corner of 40 acres. ♦ Public Access: Remote 40 acres with no public access. Road would need to be built at least a Y4 mile to reach the boundary. The 40 acres are not adjacent to TH101 or CSAH36 by at least Ys mile. C. Physical Issues: ♦ Topography - Rolling with some sharp changes in grade. The topo is diverse in that the westerly 2/3 (generally about 5-12% slope) is currently being farmed as cropland. About 7-8 acres is 5-7% slope and the rest is either flat or very steep. ♦ Soils - Hayden (HI) & Glencoe (Majority of site area is Hayden) ♦ Ground Cover 25-30 acres appear from aerial photo have been grain crop fields. Other area could be pasture land. D. Site Development Condition ♦ Access: A road would need to be built either from 65th Street south to the site and/or from the Southwest 59th Street and Quenroe Avenue. A street from the south may be closer, however, that would access through residential property. Access from the north would make for a long dead road from CSAH 42 to 65th Street to the site approximately 3/4 mile. 65th Street is dead -ended at TH101. R.O.W. to the site would need to be acquired. ♦ Area Available It appears that about 8-10 acres is a developable site for a Wastewater Treatment Plant. The rest could be used as a buffer and expansion of the facilities. ♦ Elevation It appears that the average/mean elevation on the site area for the plant site is 915.0 with a 920.0 on the south end and a 905.0 on the north end which is about 1.5% slope north to south. ♦ Distance to Discharge Point in Crow River About 2500 LF from the center of site to river. Easement to place the discharge pipe will be required. Otsego/Dayton WWTF Site Selection Process • Subsequent Analyses ♦ Site by site review as ordered by the City Council ♦ Mayor contacted land owners in area (no willing sellers) ♦ Focus was on land adjacent to CSAH36 to limit access road costs ♦ Land near Crow River was found to be expensive to fill (t $200,000 in additional site preparation costs) ♦ Discharge point desired west of peninsula per conversations with MPCA ♦ Council selected site to allow for final preparation of Facility Plan ir.. i.yCL��-'+. •'�',,'r 'r.�•.. �►�'�r��i/ f .. !-r .i i,l-1' r.. ^ . t�71L•^+.'^hji '•� �I i!_: ''':wiLt+^s �'�C'^i G~!'.: •. I'• .:itl�yr:_. ��,.I' ...��7 41"1 r>S=+i•6if1 r, f.� . . 'Y • ''�' =• �, � I i i+• � .: ✓t •, ,yam 'S:'�,' ,sr Mfv� FE +, � •+'�: al :l''•�;'��►,rE� '.?irr•. ., r>: !'r' •i � :`;..; :--:--f. s�.y �'•y�, '�''p��,•-s��=, +�' , �'^�• er Sf.'� : �e1 `�� ��, �T.C'� _ � e •' .�i.e"=i nf•x"'�(�.`.: M,s.i_• r/ �! 'Gfi:� .dC`.•••>�.�� + �1 "2 ^'?!'•L ^!'''-. ;G�r a: t•:•i Vie-..:. 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I /? S r -C. l , T. 1207 R.23 ALSO PART OF SEC. 6, T. 120, R. 22 2C0 100 0 200 SCALE IN FEET -- .tea, I 0lucc 1 `> 012401 _ ... I 11 I 1 01--401 011301 1 1' c I 012404 6.Y r4Gc.; milli � N0- 011300 / 3 012400 o�t•o 5-'�j: _ __ _� o.so� N. 1/2 Sc -C. 17 T. 1207 R.23 ALSO PART OF SEC. 6, T. 120, R. 22 200 100 0 200 lg�IN�FEST SEC. 34.1.2..MM. I SEC T. I 06220, 0422 01 042200 a ,P-25-199? 1?:34 OF DAYTON CITY } .Y Llj U, co :� p h r U-1 I C `` I P.02 u goo AM qw i TC CITY OF- OTSEGO _ Hakanson 1 500 0 1500 3000 Anderson SCALE IN FEET A s s o C•, I n C' OTTREAT.OWG CITY OF OTSEGO PRELIMINARY TREATMENT SITE LOCATION 8/12/97 EXHIBIT A � Hakanson 1 500 0 1500 3000 Anderson 1! 1 al SCALE IN FEET A s s o C., I n C. OTTREAT.DWG Otsego/Dayton WWTF Site Selection Process • September 1997 Facility Plan ♦ Central to the Otsego/Dayton service area ♦ Located in an undeveloped area ♦ Close proximity to Crow River and Mississippi River ♦ Less than 500 feet from Crow River ♦ Adequate area available for long-term capacity of the service area ♦ No significant constraints to site grading, landscaping, facility orientation and site buffering SCO' PROPERTY LINE ' 1 C 6.7 PCRE Slte) i I 01708 CON7R01- 5Y51eM --� 1 5CT,r,m & aZr 6UIL171N6 -- 1 I OX117AnON 17YfC}�5 —� CONtROL & ' PUMP MILPING —{ MAL CLAmrfleR5 LLlRAV10LEt V151NFECTION 13U1LVIN6 — Ism, I -J I � 1 � i I I 1 � I 1 i i I I 1 O 50 100 %m" 5cAe n fect RECOMMENDED ALTERNATIVE ON PROPOSED SITE DAYTON/OTSEGO, MINN. FIGURE NO. 5 ",LITIES PLAN AZEAf> 12 5LLVa fMK 5-Wce- 5tORAa LIME t?�ATMeNT Bonestroo ® Rosene Anderlik & Associates Z� ZD NOIAYO 30 =3 z NOSO d X12! W W = Z Geo* g ... a� (RAWLINGS AVE. 3pa� Com- N���N3ti 19 44)cb I z V) i I N C I � � 1 I � z I �J WLn L I � � IcD L W O ��• J Z ; ? O� • iv I7 3 'N '^v TTIM Z .3.N3 HIM Z O Y Lh 1 i a 0� J pOOs OUM — —►J N '3'N 7nv -Kano N\GN\�NP� S61 t, r ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) NOTE TO REVIEWERS Comments must be submitted to the Minnesota Pollution Control Agency (MPCA), the Responsible Governmental Unit (RGU), during the 30 -day comment period following notice of the EAW in the Minnesota Environmental Quality Board (EQB) Monitor. (Contact the MPCA or the EQB to learn when the comment period ends.) Comments should address the accuracy and completeness of the information, potential impacts that may warrant further investigation, and the need for an Environmental Impact Statement (EIS). 1. Project Title Otse�g R'tt Plant 2. Proposer C. U of Otse t) 3. RGU MN Pollution Control Agency I Contact Person Ms. Elaine Beaity Contact Person and Title Citv Clerk and Title Address X599 Nashua Avenue Address 520 Lafayette Avenue North Otseg MN 55330 St Paul, Minnesota 55155 Phone 61.2-441-441.4 Phone (612) 29 4. Reason for EAW Preparation EIS Scoping Mandatory EAW Citizen Petition X RGU Discretion Proposer Volunteered If EAW or EIS is mandatory give EQB rule category number(s). 5. Project Location NE 1/4 NW IP/i Section 1_ Township 120N Range County W rieht City/ Twp Otseizo Attach copies of each of the following to the EAW: Figure 1. USGS Mapshowiiig site area Figure 2. T o acion Mqp showing site boulldaries Figure 3. Ste_pian 5hctwin iix atic�n �f buiitings-anc�_tanls Figure 4. Figure 5. Figure 6. Figure 7. Figure 8. TDD (far hearing and speech itnpnired only): (612)282-5332 Printed on recycled paper containing at least 10% fibers from paper recycled by consumers Figure 9. Figure 10. Figure 11. Figure 12. 6. Description Give a complete description of the proposed project and ancillary facilities. Emphasize construction and operation methods and features that will cause physical manipulation of the environment or produce wastes. Indicate the timing and duration of construction activities. 'I` ie project is the constniction of a new wastewater treatment facility. The. facility will provide a treatment capacity of 300,000 gallons per day of average flow and will dischar.e treated affluent tc-the Grew River -At -a p�u�t a�prc�;lat�1�� ? _rviesbo� its crnfiunce �� rth Etre_-1�iLss�si �l River. The effluent will meeliecessary for a continuous dicchar e. The effluent will be less than 25 maft of biochemical oxygen demand (BOD) anti 30 moll of total suspended solids 'TSS") on an averaoa monthly basis. The discharge is not re aired to meet an ammonia standard but will be low in ammonia at all times due to the selected treatment process which provides incidental ammonia reduction. Effluent disinfection will.be by ultra violet light so the effluent will be free of any chlorine rE SIdlifi.�. 13iosolids will be stirred and treated on the site and will be hauled twice per year to MPCA- a roved land a iication sites and land -a lied at omissible rates. The biosolid� will meat State and Fec�ei�lr_ec c e�merits far a Class R_� dge Dispr�sal_practic�s will be ccs}sisierat with the requirements of Class i3 sludge. The tanks and buildings constructed with the project will be mostly cast -in-place concrete and rnhsurlry_._ Tanks �xll tie -buried c)r..partia3lcr-bii_zie.cis.r_ectrir}n.a.Sig ni�alit_hic}ar�t of excvatiar and gradin 7. No excavated material will be removed from the site• excess material will be used to create berins around tanks to retain heat or at the edge of the site to create visual barriers. '11e final site preparation will include topsoil and seeding_or soddiizu.. The coristrriction will occur over a roxi.mately 16 months. It is ex )ected that construction will begin in early or mid 1998 and coo leted in :summer or early fall. 1999. 7. Project Magnitude Data Total Project Area (acres) to Or Length (miles) Number of Residential Units I Unattached Attached Comm ercial/Industrial/Institutional Building Area (gross floor space) I Total !V A square feet; Indicate area of specific uses: Office 100 sa.it. Manufacturing 1 0(}(} , ft 'LTV B1dp Retail Warehouse -2- Other Industrial Institutional Light Industrial Agricultural Other Commercial (specify) Building Height(s) 1.0 ft. 8. Permits and Approvals Required List all known local, state, and federal permits, approvals and funding required: Unit of Government Tyne of Analication Status NPCA NPDES Permit Application in February. 1998 nr-rZ C'onstnrction of outfall strucrirre Anplrcation in 1995 Building.,p& - - A..p�cafigi ui 199$ 9. Land Use Describe current and recent past land use and development on the site and on adjacent lands. Discuss the compatibility of the project with adjacent and nearby land uses; indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazard due to past land uses, such as soil contamination or abandoned storage tanks. C'urrc m land us. has been and is currently ggricultural Adjacent lend is also a t_mricul.tural. with exception of six (6) residential hornes SW of the site var:7ng between 1,000 and 1,800 ft from the site. These resideneess �yffi.iemain after the fad ility is cunstnittLd. Lse of the sftc.for a wastewater treatrr�ent tacili does not contlict with intended future develo anent or land use in the area. Land roust be converted from agricultural use to rnunici al. utility•use. No known coppices with environmental. matters. Past land use does not pose -any environmental bazard.s. Awetland;Wproxiniately 2 acres in size is located o n the site but will not impact nor will be impact --b bathe_ comtiyction: 10. Cover Types Estimate the acreage of the site with each of the following cover types before and after development (before and after totals should be equal): Before After Types 2 to 8 Wetlands 2 Wooded/Forest B rush/Grassland Crop Land 8 Urban/Suburban Lawn/Landscaping G Impervious Surface 1 Other (describe) tanks and buildings 2 11. Fish, Wildlife, and Ecologically Sensitive Resources a. Describe fish and wildlife resources on or near the site and discuss how they would be affected by the project. Describe any measures to be taken to minimize or avoid adverse impacts. L)c r, -pheasant grid tither an mals c�mm<}itl tuttnd.in cmp Iand,--Sitg.will t}efcnced,._�'�nirnal will dwell on adjacent crop land. -3- b. Are there any state -listed endangered, threatened, or special -concern species; rare plant communities; colonial waterbird nesting colonies; native prairie or other rare habitat; or other sensitive ecological resources on or near the site? Yes X No If yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the resources was conducted. Describe measures to be taken to minimize or avoid adverse impacts. 12. Physical Impacts on Water Resources Will the project involve the physical or hydrologic alteration (dredging, filling, stream diversion, outfall structure, diking, impoundment) of any surface water (lake, pond, wetland, stream, drainage ditch)? Yes X No 13. Water Use a. Will the project involve the installation or abandonment of any wells? X Yes No 'rhei:emay.be a well installed on site for plan otable water supply. Ti i decision will be inade during final design b. Will the project require an appropriation of ground or surface water (including Dewatering)? Yes X No If yes, indicate the source, quantity, duration, purpose of the appropriation, and the Minnesota Department of Natural Resources (DNR) water appropriation permit number of any existing appropriation. Discuss the impact of the appropriation on ground water levels. c. Will the project require connection to a public water supply? Yes X No If yes, identify the supply, the DNR water appropriation permit number of the supply, and the quantity to be used. 14. Water -related Land Use Management Districts Does any part of the project site involve a shoreland zoning district, a delineated 100 -year flood plain, or a state or federally designated wild or scenic river land use district? Yes X No If yes, identify the district and discuss the compatibility of the project with the land use restrictions of the district. 15. Water Surface Use Will the project change the number or type of watercraft on any water -4- body? Yes x No If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other users or fish and wildlife resources. 16. Soils Approximate depth (in feet) to: Ground Water: minimum: 15 ft. average: 3—Of t, Bedrock: minimum: >15 ft. average: 'ZQ t.,g determined Describe the soils on the site, giving Soil Conservation Service (SCS) classifications, if known. (SCS interpretations and soil boring logs need not be attached.) General soil association is Estherville-Hubbard-R'adena soil association Shallow and mWerately deep. moderately coarse textured and medium textured soils on nearly level and undulating outwash plains and terraces. Site is com11rised of silty i lhy. loam 0 to_5 pert cnt u� slope, fine sandy toarns 2 te_r(Lnt in slope- and small area (2 acres) of peat and mucic. 17. Erosion and Sedimentation Give the acreage to be graded or excavated and the cubic yards of soil to be moved:acres; l M) cubic yards. Describe any steep slopes or highly erodible soils and identify them on the site map. None Describe the erosion and sedimentation measures to be used during and after construction of the project. May males and silt fences are to be placed during construction to prevent erosion or runoff of'sediment from the site After constnrction is completed final grading will be controlled to zninimiie scouring and erosion, fi.om F-jnoff. Site will be stxlcied�-)r seeded_ui areah _iiot_f?ay d- 18. Water Quality - Surface Water Runoff a. Compare the quantity and quality of site runoff before and after the project. Describe methods to be used to manage and/or treat runoff. Current runoff contains agricultural fertilizers herbicide etc..After th-- t>rojeci runoff will contain ingredients from lawn ferdlilers and salt from snow removal operatien5 Quantitity of runoff wi31 increase to small degree because U12roximately l acre will be paved with bituminous surface. Runoff will be, diverted to ditch (..in. ncxth, side. of ��t!ribht,C{�unt�f iul h�va�l.36, b. Identify the route(s) and receiving water bodies for runoff from the site. Estimate the impact of the runoff on the quality of the receiving waters. -5- Runoff will be diverted to Glitch on north side of Wright County highwU 36, and ultimately drained to Crow river via existing_cu.lverts. Negligible inipac;t on Crow River because of the small area to t?e gain1 19. Water Quality - Wastewaters a. Describe sources, quantities, and composition (except for normal domestic sewage) of all sanitary and industrial wastewaters produced or treated at the site. NA b. Describe any waste treatment methods to be used and give estimates of composition after treatment, or if the proiect involves on-site sewage systems, discuss the suitability of the site conditions for such systems. Identify receiving waters (including eround water) and estimate the impact of the discharee on the quality of the receiving waters.Heser-ibe any waste tr-eatment methods to be used and give estimates of eomposition afteF treatment identify watem b ground wateF) and estimate the impaet of the diseharge on the qtudity of the r-eeeiving waters. Pro-ject is a wastewater treatment facility for wastewater generated off-site. c. If wastes will be discharged into a sewer system or pretreatment system, identify the system and discuss the ability of the system to accept the volume and composition of the wastes. Identify any improvements which will be necessary. Treated effluent will meet NPDES permit rcequirentents 20. Ground Water - Potential for Contamination a. Approximate depth (in feet) to ground water: 1 minimum; 3t} average. b. Describe any of the following site hazards to ground water and also identify them on the site map: sinkholes, shallow limestone formations/karst conditions; soils with high infiltration rates; abandoned or unused wells. Describe measures to avoid or minimize environmental problems due to any of these hazards. NA c. Identify any toxic or hazardous materials to be used or present on the project site and identify measures to be used to prevent them from contaminating ground water. l in)e purchased in bags stored inside a Wilding with interior drains to txratment tanks 21. Solid Wastes; Hazardous Wastes; Storage Tanks a. Describe the types, amounts, and compositions of solid or hazardous wastes to be generated, including animal manures, sludges and ashes. Identify the method and location of disposal. For projects generating municipal solid waste indicate if there will be a source separation plan: list type(s) and how the project will be modified to allow recycling. M Wastewater shidges to be stored on site treated with linie to meet regulatory regairements. and hazulod fi-Qin the.plan_t for off-site agriculmral lazid_disagsal in accordance with_Fe g�iations. b. Indicate the number, location, size, and use of any above or below ground tanks to be used for storage of petroleum products or other materials (except water). NA 22. Traffic Parking spaces added 4 . Existing spaces (if project involves expansion) . Estimated total Average Daily Traffic (ADT) generated6 Estimated Maximum peak hour traffic generated (if known) and its timing: 4 _ For each affected road indicate the ADT and the directional distribution of traffic with and without the project. Provide an estimate of the impact on traffic congestion on the affected roads and describe any traffic improvements which will be necessary. 23. Vehicle -related Air Emissions Provide an estimate of the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. Negligible 24. Stationary Source Air Emissions Will the project involve any stationary sources of air Emissions (such as boilers or exhaust stacks)? Yes No If yes, describe the sources, quantities, and composition of the emissions; the proposed air pollution control devices; the quantities and composition of the emissions after treatment, and the effects on air quality. 25. Will the Project Generate Dust, Odors, or Noise during Construction and/or Operation? X Yes No If yes, describe the sources, characteristics, duration, and quantities or intensity, and any proposed measures to mitigate adverse impacts. Also identify the locations of sensitive receptors in the vicinity and estimate the impacts on these receptors. Dint and rurisc during construction will be limited to norfrial working hours. leo ,-uiverse irrrnacts. Sewage' odors atter ronstniction are to be controlled with an odor tMitrrxent CQM12rlsed of act��ati3... art2t�iic}nis,.._Exhaust air fi_c>m. cart?t�ncthtnu�s. tib be_discha;:acd. t� the atmosphere/ 26. Are Any of the Following Resources on or in Proximity to the Site: a. Archaeological, historical, or architectural resources? b. Prime or unique farmlands? c. Designated parks, recreation areas, or trails? d. Scenic views and vistas? -7- Yes X No X Yes No Yes X No Yes X No e. Other unique resources? Yes X No If any items are answered yes, describe the resource and identify any impacts on the resources due to the project. Describe any measures to be taken to minimize or avoid adverse impacts. Project will remove approximately 8 acres from crop 1?roduction. 27. Will the Project Create Adverse Visual Impacts? (Examples include: glare from intense lights; lights visible in wilderness areas; and large visible plume from cooling towers or exhaust stacks.) I Yes X No If yes, explain. 28. Compatibility with Plans Is the project subject to an adopted local comprehensive land use plan or any other applicable land use, water, or resource management plan of a local, regional, state, or federal agency? X Yes No If yes, identify the applicable plan(s), discuss the compatibility of the project with the provisions of the plan(s), and explain how any conflicts between the project and the plan(s) will be resolved. I If no, explain._ Compatible with local lana use a id sewer comp -L i 29. Impact on Infrastructure and Public Services Will new or expanded utilities, roads, other Infrastructure, or public services be required to serve the project? X Yes No If yes, describe the new or additional infrastructure/services needed New entrance roarl a11d electrical service m the site Sanitary sewer collection SVSteTn to be constructed tc, convey raw wastewater to the site for proper treatment and disposal. 30. Related Developments; Cumulative Impacts a. Are future stages of this development planned or likely? X Yes No If yes, briefly describe future stages, their timing, and plans for environmental review. Futz3ry-ca}�acity-ulcr�ases_are likely, 10 XLars_�r lc ss:._ Ca�acitkuicr�5e-to be imaluated.tlucuvh the I EAW process. b. Is this project a subsequent stage of an earlier project? Yes X No If yes, briefly describe the past development, its timing, and any past environmental review. c. Is other development anticipated on adjacent lands or outlots? Yes X No ME If yes, briefly describe the development and its relationship to the present project. d. If a, b, or c were marked yes, discuss any cumulative environmental impacts resulting from this project and the other development. No cLimulative environmental iml2actsg ality (if the increased discharge volume of treated stov e t� be re ulatecl b 1��PDES_pemut. 31. Other Potential Environmental Impacts If the project may cause any adverse environmental impacts which were not addressed by items 1 to 28, identify and discuss them here, along with any proposed mitigation. 32. SUMMARY OF ISSUES List any impacts and issues identified that may require further investigation before the project is commenced. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. Neighborhood concerns about visual impacts of the facility have been nuti-ated by (1 ) locating the facilirycm a site away fmrn the highway and away from acliac ent residences and (2) berminc on-site where possible. CERTIFICATIONS BY THE RGU (all 3 certifications must be signed for EQB acceptance of the EAW for publication of notice in the EQB Monitor . A. I hereby certify that the information contained in this document is accurate and complete to the best of my knowledge. Signature B. I hereby certify that the project described in this EAW is the complete project and there are no other projects, project stages, or project components, other than those described in this document, which are related to the project as "connected actions" or "phased actions," as defined, respectively, at Minn. R. pt. 4410.0200, subp. 9b and subp. 60. Signature C. I hereby certify that copies of the completed EAW are being sent to all points on the official EQB EAW distribution list. Signature Name and Title of Signer Paul Hoff, Director, Environmental Planning and Review Office Date -10- ANO'KA -:OUN-* IIP41 S:;I.Swl:, ttLY Fjjkh Sr. NE 42 -film WHICH Ty AI[TEIFINAE SITE (No th) Ac. GOODIN I, I � � s>c�>rc.Z 0 � i! �-���"L' ,�hr� Pi1�t� ISLAND C 1A, I f 1. 11. t, it . - 1. ;-� 11 1 )TSEGO SIM t i I pa 41 t. A ITE I .6 Ac. till (West) 10 Ac. 01 k2 V� II •I. - 3(a, �ITE 2/ lit' DAY" ON iHASS N 11 1 1, 1. ;,,7 1 !!Ij9th -�O& . i., 7 ; 7 1 k -i T- I -,'I I 1471,11 N FIENN P I N 'b'l' I U N TY lit A I P - LAKE 4- Bonestroo I 1,AKE ROAD LOCATION PLAN Rosen* Anderlik A DAYTON, MINNE,150TA FIGIJRF 11 ASSOCIIII11168 DAY r0N/0lSb-'.0 Ji TREATMENT FA(-'ILIIY K '074.17453".17453COILM. A116LIST 1997 COM 17453 1 550 pmopem ane (do 10 I I 1 O5 t7m C,ONt1801. ' ' 1 � � 50M a } } ' I ' aar mwt u • 1 CONTRA. & FF4& CL4w 7 ULWAVIA.l; f M#N110N euLvw — 0 50 100 %oll" 5cie n feet t► C.5.".!56 um lwj% 4X RECOMMENDED ALTERNATIVE ON PROPOSED SITE Sonestroo 0 Rosene DAYTON/OTSEGO, MINN. - FIGURE NO. 3 Anderc atea FACILITIES PLAN 50302R02.OWG SEPTEMBER 1997 COMM. 50302 CITY OF OTSEGO REQUEST FOR COUNCIL. ACTION LAGENDA SECTION: DEPARTMENT: MEETING DATE 9.COUNCIL ITEMS: Elaine Beatty,City Clerk 10/29/97 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 9.1. Council Decision on Albertville/Otsego issues (Information by Planner/Engr/Attorney) brought forth by Otsego Sub -Committee BACKGROUND: At our Special Council Meeting of 10/15/97 CM Wendel brought forth her notes of the Sub -Committee Meeting with Albertville and noted that Albertville mould like to have answers to these questions by the 2nd of November. Council asked that this be added to this agenda for Council consideration and that the Professionals have input on same. This is added to Council Items for your consideration after discussion with Planner,Engineer and Attorney. RECOb14ENIDATION: This is a City Council decision after review of information with professionals. The following are the issues to be decided: 1. 70TH ST Improvement 2. MacIver Avenue Realignment near #94 3. Sewer Services from Albertville 4. Joint Power Water/well w/Albertville 5. Race Track (How services provided) 6. Kadler Avenue (Vacate road) 7. Albertville Cemetery Creek (drainage issue) Than'kcs Elaine Summary of Otsego/Albertville Road Meeting ............October 14, 1997 Suzanne Ackerman and Virginia Wendel attended from Otsego Albertville Mayor, Duane Betning, Robert Gundersen and one councilwomen attended from Albertville Berning talked about their sewer system is going to be extended to the north of Albertville, around School and Mud lakes (north of the freeway) and next to 70th Street. Since Otsego shares 70th St. with Albertville they wanted to know our feeling on black topping 70th Street in the very near future. Since the developers have to black top the roads in the development, and 70th Street is a State Aid Road, they felt that if Otsego would be willing to black top that road soon maybe the County would be willing to pay for their share of the road sooner than is in their 20 year planning. Wendel told them she did not think that black topping this road in the next few years was in the Otsego plan but would take it to the council. They also said if Otsego was not ready to black top maybe they could get the developer to lay a 2" black top just to preserve the road until the time we can do the full job. Along with that project they talked about moving MacIver over further to the west and making that a straight road, (getting the big bend) out of the road and that way it would hit the freeway better. In the event that the race track would be built having 70th a straight shot would heap traffic going to the track. This would involve most of the Zimmer farm and they have not been talked yet. We also asked if they would be willing to offer sewer to the people in Otsego located next to this new sewer project and they agreed they would look into it. Asked what they would be charging these people if they could be serviced and the thought was about the same for the hook up but a higher rate for the monthly use. Nothing was decided along that line at this time. They are also thinking about putting in a new well over in that area and wanted to know if we might be interested in sharing a joint powers with them for the water in that area. They didn't know if they could even do that because of the other joint powers agreement they have with St. Michael and Hanover but were willing to look into the matter. There was discussion at that point about sewer going to the race track and questions if Otsego wanted to go alone on the sewer to the race track or if they were be considered at all. We told them we were cold that Albertville would only service their own residents and not anyone else, that, however, was one persons feelings on the board and not the whole council or planning committee. We explained there was some talk on the Otsego board about running our sewer line over to the race track as we would be interested in serving more than the track only, there may be some houses or businesses that would be hooking up in the future too. Those were some the concerns in that area as they are working on a $50,000 feasibility study and wanted to get our feelings on all this before they start the study. We talked about vacating Kadler. Kenco has a development going in there, Ceder Creek, and there will be a golf course. The golf course extends beyond Albertville's limits and into St.Michael a little. This area goes over the lower part of Kadler Ave. St.Michael is willing to vacate that road for the golf course and that would make the upper part of the road com to a dead end. If we are willing to vacate the rest of Kadler they would leave a short piece in front of Like's. We talked about the developer's use of the dirt road while the building is being done and asked that they leave the road in the condition it is now or better than now. Albertville said they have a an escrow fee charged to be sure the road is not destroyed and the developer will be putting oil on the road to keep the dust down and may put a 2" overlay on it in the event that Otsego does not vacate it. Over by the Albertville cemetery is a little creek going through there, winding into Brad Praught's farm and on up, probably going to the Otsego creek at sometime. Albertville put a 18"pipe in there to replace and 8" pipe that was in the wrong place and not doing much good. In the event there is clean up in the creek at this point or a little beyond, Albertville is willing to pay their share to clean up this creek. They were not sure if there was a problem or not but offered help in case there was. We looked at the Agreement for Sharing Road Expenses, several changes were suggested: page 2 b. last sentence, they would like to add "and notify Albertville" page 2 d. second line, "Crack sealing shall be performed on average every two to three years." page 2 3. after last sentence, add "and the Albertville City Council." Both city members felt this was a very good meeting and have agreed to meet again as soon as possible, probable in 2 weeks after the councils have had time to consider the above information and acted on it. submitted, Virgin Wendel Otsego Council CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 9.COUNCIL ITEMS: Elaine Beatty,City Clerk 10/29/97 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 9.4. Set amounts for fire service - Elk River/Rogers/Albertville and Monticello MAL;AUJKUUND : By the end of October I need to Certify to the County the amounts for Fire Service Assessment for the four fire service contracts above. I have called and obtained information from each community. Monticello we already have a contract (copy attached at $35.00 per parcel through 1999), so that amount is already set by contract. The following is the information and amounts for fire service for the rest of the communities: ------------ Elk River - Same as last year is estimated $70,000.00 parcels have increased from 1681 + 80 for 1761 parcels. I recommend we leave Elk River amount at $40.00 per parcel. (Please note that Elk River always gives us an estimate and is reconciled each year as the actual figures are received. We will either pay more or get refunded if it is less. We are always one year behind, so try to keep a balance in that account, which we do have. Rogers - Has gone down from 1997 from $4,846.51 to $4,449.37. Parcels have remained the same at 91. You can reduce this from $54.00 per parcel to $50.00 per parcel. Albertville - has increased by 3% from last years amount from $12,243.47 or $367.30 more = $12,610.77 - Albertville parcels have increased by one to 240. This amount should be increased from $51.00 per parcel to $53.00 per parcel to cover the increased amount. RECOMMEENDATION: This is a City Council decision after review of information. Recommendation is Approve the Fire Service amosnts as follows: Elk River $40.00 per parcel Rogers $50.00 per parcel Monticello $35.00 per parcel Albertville $53.00 per parcel Thanks r-4zle-� (Same as 1997) (Decrease of $2.00 (Same as 1997) (Increase of $2.00 per parcel) per parcel) . , . ;nit'll 1-1G�M�T� a . C FEB - 5 '^9 MONTICELLO Office of the City Administrator 250 East Broadway February 4, 1997 Monticello, MN 55362-9245 Phone: (612) 295-2711 Metro: (612) 333-5739 Ms. Elaine Beatty City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Re: Fire Protection Agreements Dear Elaine: Enclosed you will find three executed copies of the revised fire protection agreement between the Monticello Joint Fire Department and the city of Otsego. Please execute two of the copies and return them to me for distribution. Should you have any questions, please give me a call. Sincerely, CITY OF MONTICELLO _ Rick Wolfsteller City Administrator RW/glk Enclosures cc: Fire contract file This AGREEMENT between the City and Township of Monticello, Minnesota, hereafter referred to as the JOINT FIRE DEPARTMENT, and the City of Otsego, hereafter referred to whether in whole or in part as the CITY, both agree as follows: ARTICLE I The JOINT FIRE DEPARTMENT agrees to furnish fire service and fire protection to all properties subject to the terms of this agreement, within the CITY area, said area being set forth in EXHIBIT A, attached hereto. The JOINT FIRE DEPARTMENT will make a reasonable effort to attend all fires within the CITY area upon notification of such fire or fires, and under the direction of the JOINT FIRE DEPARTMENT fire chief, subject to the following terms and conditions: A. Road and weather conditions must be such that the fire run can be made with reasonable safety to the firemen and equipment of the JOINT FIRE DEPARTMENT. The decision of the fire chief or other officer in charge of the fire department at the time that the fire run cannot be made with reasonable safety to firemen and equipment shall be final. B. The JOINT FIRE DEPARTMENT shall not be liable to the CITY for the loss or damage of any kind whatever resulting from any failure to furnish or any delay in furnishing firemen or fire equipment, or from any failure to prevent, control, or extinguish any fire, whether such loss or damage is caused by the negligence of the officers, agents, or employees of the JOINT FIRE DEPARTMENT or its fire department, or otherwise. The JOINT FIRE DEPARTMENT further agrees: A. To keep and maintain in good order at its own expense the necessary equipment and fire apparatus for fire service and fire protection within the town area so serviced. B. The JOINT FIRE DEPARTMENT shall provide sufficient manpower in its fire department to operate fire equipment. D. The JOINT FIRE DEPARTMENT will submit a summary to the City of all fires on a monthly basis. PROTECT.AGR: 12/20/96 Page 1 In cases where the JOINT FIRE DEPARTMENT receives a notification of an emergency other than a fire, and its assistance is requested in the area defined in Exhibit A of this contract, it shall respond to such emergency in the same manner as a fire as outlined in this contract. Charges for such service shall be as outlined in ARTICLE VI. The CITY agrees to make a fire protection tax levy or otherwise to provide funds each year in an amount sufficient to pay the JOINT FIRE DEPARTMENT the compensation agreed upon. This AGREEMENT shall be in force for a term of three (3) years beginning on January 1, 1997, and ending on the 31st day of December, 1999. This contract may be terminated upon a six- month ng*ice by either party. CITY O N By: M yo At est- Clerk Signed this c2-0 day of 'D &41 _, 1996. TOWNSHIP OF MONTICELLO BAhairperson Attest: Clerk 61-1 Si_ this day of 199-7 CITY OF OTSEGO. Mayor Attest: /er�ky� Si ed this -5t day of 1996. PROTECT.AGR: 12/20/96 Page 3 OCT - 8 - (CITYOF ROGERS (612) 428-2253 12913 MAIN STREET • ROGERS, MINNESOTA 55374 October 7, 1997 Ms. Elaine Beatty City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Re: 1998 Fire Contract Rate Dear Elaine: The City of Rogers Fire Department service contract rate will remain the same as the current contracts on file from 1994. Based on the current rate, the 1998 Fire Contract for Otsego will be: $4,449.37 The following information was used in preparing the 1998 contract amount: Market Value: $10,112,200 Calculation: $10,112,200 x.00044 = $4,449.37 If you should have any questions, please feel free to contact me at 428-2253. Sincerely, C)� Gary J. Eitel City Administrator ABDO O O� ABDO :� E I C K & „� M EYERS LLP Centfted Public Accountants & Consultants 1060 Northland Plaza 3800 West 800, Street Minneapolis, MN 55431 Honorable Mayor and City Council City of Otsego Otsego, Minnesota 04 1144�1 CSA October 24, 1997 We are pleased to confirm our understanding of the services we are to provide for the City of Otsego for the year ended December 31, 1997. We will audit the general purpose financial statements of the City of Otsego as of and for the year ended December 31, 1997. Our audit will be conducted in accordance with generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City of Otsego and other procedures we consider necessary to enable us to express an unqualified opinion that the financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. If our opinion is other than unqualified, we will fully discuss the reasons with you in advance. The management of the City of Otsego is responsible for establishing and maintaining an internal control structure. In fulfilling the responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition and that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of general purpose financial statements in accordance with generally accepted accounting principles. In planning and performing our audit for the year ended December 31, 1997, we will consider the internal control structure in order to determine our auditing procedures for the purpose of expressing our opinion on the City of Otsego' general purpose financial statements and not to provide assurance on the internal control structure. 612.&35.9090 • Fax 612.896.3620 City of Otsego �October 24, 1997 kit)J Page Two We will obtain an understanding of the design of the relevant policies and procedures and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain policies and procedures that we consider relevant to preventing and detecting errors and irregularities that are material to the general purpose financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the general purpose financial statements. (Tests of control are required only if control risk is assessed below the maximum level.) Our tests, if performed, will be less in scope than would be necessary to render an opinion on the internal control structure policies and procedures and, accordingly, no opinion will be expressed. We will inform you of any matters involving internal control structure and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control structure that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the general purpose financial statements. Compliance with laws, regulations, contracts, and grant agreements applicable to the City of Otsego is the responsibility of the City's management. As part of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatements, we will perform tests of the City's compliance with certain provisions of laws, regulations, contracts, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance with such provisions, and we will not express such an opinion. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of our engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will inform you, however, of any matters of that nature that come to our attention, unless they are clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. We understand that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the maintenance of adequate records and related internal control structure policies and procedures, the selection and application of accounting principles, and the safeguarding of assets. ► • , City of Otsego October 24, 1997 ZA Page Three Our audit is not specifically designed and cannot be relied on to disclose reportable conditions, that is, significant deficiencies in the design or operation of the internal control structure. However, during the audit, if we become aware of such reportable conditions or ways that we believe management practices can be improved, we will communicate them to you in a separate letter. Our fees for these services will be based on the actual time spent at our standard hourly rates, including travel and other out-of-pocket costs such as report production, typing, postage, etc. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Based on our preliminary estimates, the fee will approximate $4,350 for the City. This estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional cost. Our audit report should be used only in its entirety. Any reproduction or publication of all or part of our report should be done only with our prior approval and review. We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Sincerely, ABDO, ABDO, EICK & MEYERS, LLP Certified Public Accountants Steven R. McDonald, CPA RESPONSE: This letter correctly sets forth the understanding of the City of Otsego. Signature: T Title: Date COP Mayor Larry Fournier Otsego City Hall Otsego, MN 55330 Dear Mayor Fournier, October 23, 1997 I am resigning from my position as Sherburne County/Otsego reporter for the Elk River Star News, effective November 3. I have accepted a position at the Pioneer, a daily newspaper located in Bemidji, where I have rela- tives. It was a tough decision to leave the Star News. The close ties I have with my sources and some of the people at the newspaper are not easily broken. I didn't solicit the job offer. A former college roommate, who now works for the Pioneer, told me about the job opening while I was in Bemidji. I was surprised when they offered me the position a few days after the interview. But after considerable thought I decided to accept. The Star News has chosen not to hire a full-time person to replace me. Instead, a part-time reporter for the Otsego portion of my responsibilities is being sought. The advertisement for the job will appear in this week's newspaper. Meanwhile, the county portion of my responsibilities will be handled by Editor Don Heinzman. He may also assume some of my Otsego duties until a new reporter is hired. It has been a pleasure to cover the city of Otsego, which I have done for seven and a half years. I have always valued the close working relationship I've had with you, the former mayor, members of the council, and the taff. The professionalism, courteousness and cooperation extended to me have been greatly appreciated. I will .lever forget your kindness. Thank you for everything. Respectfully, Charmaine Barranco cc: Elaine Beatty Andy MacArthur David Licht Kevin Kielb Suzanne Ackerman Vern Heidner Mark Berning Virgina Wendel Dave Chase 18/31/97 21:12 To:Phyllis Cokley from:Rebecca Kurtz 612-282-6138 Page 1/3 Statewide Meetings Introduce New Process for Local Planning A series of meetings in cities across Minnesota will introduce community-based planning, a new framework for local planning created this year by state law. Counties, cities and townships can voluntarily use community-based planning to create a comprehensive plan that guides future decisions about land use, transportation, housing, economic development, and so on. Minnesota Planning will provide technical assistance and funding for local planning through Common Ground, the name of the community-based planning project. "Different ways to handle local growth have different results not only for the character of a community, but for the taxpayers' cost of providing public services," said Governor Arne H. Carlson. "Common Ground gives local citizens a strong voice in these decisions." The new law also created an 18 -member advisory council, made up of public officials and private citizens, to work out the details of the planning process and recommend any needed changes to the law. At the upcoming public meetings, the advisory council will ask local residents and officials to discuss the new planning goals and how local planning can best address them. Four pilot projects -- one in the fast-growing St. Cloud area and three other to be announced later this month -- will help Minnesota Planning prepare guidelines for communities that undertake community- based planning. "Community-based planning differs from earlier comprehensive planning in its emphasis on public input, cooperation among neighboring communities, and use of statewide goals," said Ann Schluter, director of Minnesota Planning. More information on Common Ground is available on the Minnesota Planning web site at www.rrmplan.state.mn.us Minnesota Planning is a state agency that develops long-range plans for the state, stimulates public participation in Minnesota's future and coordinates public policy with state agencies, the Legislature and other units of government. - end - Upon request, this information will be made available in an alternate format, such as Braille, large print or audio tape. For TTY, contact Minnesota Relay Service at (800) 627-3529 and ask for Minnesota Planning. 10/31/97 21:12 To:Phyllis Cokley From:Rebecca Kurtz 612-282-6138 Page 2/3 Community -Based Planning Advisory Council Randy Jorgenson, Co-chair Representative Joe Opatz Citizen member St. Cloud Slayton Senator Pat Pariseau Senator Steve Morse, Co-chair Farmington Dakota Christine Rice Representative Bruce Anderson Citizen member Buffalo Township Woodbury Caren Dewar Lee Ronning Citizen member Citizen member Minneapolis White Bear Lake Senator Steve Dille Marcia Farinacci Dassel Deputy Director Minnesota Planning James Erkel Citizen member Ex -officio members Minneapolis Randy Halvorson Chris Hagelie Assistance Director Citizen member Minnesota Department of Transportation St. Cloud, MN Transportation Research and Investment Management Ginny Hams Citizen member Ray Hitchcock Chanhassen Assistant Commissioner Minnesota Department of Agriculture Senator John Hottinger Mankato Curtis Johnson Chair Representative Bill Kuisle Metropolitan Council Rochester Terry Kuhlman Gary Laurent Executive Director Citizen member Public Facilities Authority Shakopee Department of Trade and Economic Development Alden Lind Citizen member Duluth Representative Dee Long Minneapolis OCT 31 '97 04:22PM LEAGUE OF MN CITIES P.1 LMC t �� "0" of mi"" " 09WFRIDAYFAx Vol. 2, No. 22 Cit'"r7tv i " A weekly legislative update from the League of Minnesota Cities October 31, 1997 Was your community benefited from public subsidy programs? Share this infomation at a public hearing near you The 1997 legislature created the Corporate Subsidy Reform Com- mission to address selected public subsidy programs. At their meeting today, the Commission determined that their primary focus will be on direct grants, loans, or tax reduc- tions to individual businesses, industries, or communities for the purpose of aid to specific busi- nesses including industrial revenue bonds, property tax abatements, infrastructure costs, and tax incre- ment financing. The Commission will hold four public hearings throughout the state to obtain public testimony. We encourage you to attend the meet- ing in your area and testify as to how these programs have benefited your community. Providing ex- amples of specific projects and criteria your community uses in providing public resources will be especially helpful. Commission members will use the following criteria in analyzing individual programs: • Public purpose • Criterion for the award • Administration • Accountability • Enforcement mechanisms • Funding The Commission will issue a report to the Legislature by Decem- ber 15, 1998. Please contact Andrea Steams at (612) 281-1258 for more information. Corporate Subsidy Reform Commission Schedule of Public Hearings Ail meetings begin at 6:30 p.m. in the following locations: Date City Location November 6 Austin Riverland Community College 1900 8th Avenue NW Room N104 of the East Building November 18 Minneapolis Minneapolis City Council Chambers 350 South 5th Street Room 317, City Hall November 20 Blaine Blaine Northtown Library 711 Highway 10 NE Community Room November 25 Duluth Duluth City Council Chambers 411 West 1 st Street Third Floor Membership Co -Chairs Senator John Hottinger Representative Karen Clark Representatives Dennis Ozment Tom Rukavina Kevin Knight Rob Leighton Senators Becky Lourey Ellen Anderson Claire Robling Linda Runbeck DIED Commissioner Jay Novak Revenue Commissioner Jim Girard Citizens Jennifer A. Heth John Campabosso Gordon Voss Alexa Bradley Erik Peterson Arthur Rolnick Donna Ehlenz Sanders For more information on city legislative lotus, contact any member of the League of Minn -eta Cities Intergovernmental Relations team CITY OF TSEGO 8899 Nashua Avenue N.E. ON THE GREAT RIVER ROAD (612) 441-4414 Elk River, MN 55330 Fax: (612) 441-8823 October 20, 1997 Honorable Mayor and Councilmembers, You have charged the Otsego Heritage Preservation Commission by ordinance with several responsibilities. The principal responsibility is to safeguard the heritage of the City of Otsego by preserving sites and structures which reflect the elements of the city's cultural, social, economic, political, visual or architectural history. In response to the Council's directive the Commission secured certified local government status. Thus enabling the City to apply for funding of preservation activities from the Minnesota Historical Society. In March 1997, Otsego was awarded a grant by the Minnesota Historical Society to conduct a historical context study that will assist in identifying significant archictectural properties and cultural landscape features located in Otsego. The study will also serve as a framework for guiding future planning activities with our rapidly growing community. Several years ago a public spirited family and a forward thinking Township Board of Supervisors reached an agreement whereby a priceless cultural and historic community treasure was sold to the public body of Otsego at a price substantially less than market. That public asset is commonly known as the McDonald/Peavey house. The Commission has been advised that inquiries have been made to the City about the McDonald/Peavey property being sold back to private interests. We wish to remind the Council that the Commission and the residents are vitally concerned with the quality of life here in the city. One of the measures of the quality of life is not by how much or how little spending the city does, but where it allocates the scarce resources it has. The Otsego Heritage Preservation Commission respectfully requests that any overtures at this time to sell the McDonald/Peavey property be rejected out of hand. We will be prepared to present long range plans for use of the McDonald/Peavey property together with the old Town Hall/School site upon completion of the context study sometime next year. Respectfully, Otsego Heritage Preservation Commission 3899 Nashua Avenue N.E. Elk River, MN 55330 Date: 12 October 1997 CITY OF TSEGO ON THE GREAT RIVER ROAD To: The Otsego Mayor and Council (612) 441-4414 Fax: (612) 441-8823 Subject: Proposed Five Year Plan for the Otsego Heritage Preservation Commission Attached for your review and approval is a copy of the proposed Five year Plan outlining preservation activities and goals for the City of Otsego as approved by the Commission in its September meeting. You will notice that the plan includes use of part of the historic townsite containing the McDonald/Peavey property, the original town hall, and the schooVtownship hall building. The Commission is in the process of hiring a specialist to perform a historic context survey of the City of Otsego. We would recommend that no action be taken on uselreuse or moving of any of the city owned property until completion and evaluation of the context survey. We will keep you informed as the work progresses. Joy Swenson, OHPC Chair OTSEGO HERITAGE PRESERVATION COMMISSION FIVE-YEAR PLAN 1997 - 2002 DRAFT The purposes of the Otsego Heritage Preservation Commission (OHPC) are to: A. Safeguard the heritage of the City by preserving sites and structures which reflect elements of the City's cultural, social, economic, political, visual or architectural history; B. Promote the preservation and continued use of historic sites and structures for the education and general welfare of the people of the City; C. Foster civic pride in the beauty and notable accomplishments of the past; and D. Stabilize and improve City property values. (City of Otsego Ordinance No. 94-9, Section 751 1. HISTORIC CONTEXT STUDY July 1997 - June 1998) OHPC has received a matching grant from the Minnesota Historical Society to undertake a historic context study to serve as the basis for developing a comprehensive plan for historic preservation. The study, to be performed by a professional contract historian, will assist in the identification, registration, and treatment (protection) of architectural and archaeological properties as well as significant cultural landscape features. It will guide efforts in preserving the historic rural character of Otsego and serve as a baseline for guiding future planning and development activities. 2. ORAL HISTORY INTERVIEWS (ongoing) OHPC has conducted interviews with members of many families who have resided in Otsego since its early days. Another 15-20 people have been identified who should be scheduled for interviews while this is still possible. Interviews should also be held with all past and present City Council members. Other candidates will be proposed by OHPC and solicited periodically through The Otsego View. Audio tapes of most of the interviews held to date still need to be transcribed into print for ease of access and preservation purposes. Future interviews will also require transcription. OHPC currently has two volunteers willing to assist in this effort. Additional help will be solicited vie The Otsego View and the Wright County Historical Society's Heritage Herald. If this is insufficient to keep up with demand, modest funding may be requested to hire someone to transcribe these tapes on an occasional basis. 3. PUBLICATIONS Publications under consideration by OHPC include the following: 1) a Heritage Commission brochure, explaining its purpose and activities (1997) 2) continued preparation of "Historical Highlights" for The Otsego View 3) a booklet of "Historical Highlights" columns published to date (Fall 1997, in conjunction with Heritage Day (see #4 below) 4) a publication, with maps, on Otsego cemetery (Fall 1997) 5) Otsego 1880 - Present (date to be determined) 4. PUBLIC EVENTS 1) Heritage Day Following on the success of the past two Heritage Days, OHPC is continuing the format and frequency of this event, to ensure that it continues to enjoy the same level of community interest and support. 2) Elk River Parade OHPC will continue to participate in the annual Elk River Parade. 5. ARCI VAL MATERIALS OHPC will organize and index existing documents, photographs and related materials in its possession for improved access by all interested parties. (Fall 1997) It will solicit additional materials of relevance to the history of Otsego via The Otsego View, oral history interviews, and other channels as appropriate. (ongoing) 6. EDUCATION PROGRAMS 1) Schools and Libraries (1998-1999) OHPC will contribute to knowledge in the community about Otsego's history by distributing its brochure and other publication to local schools and libraries. It will also investigate the possibility of providing short presentations to these institutions. 2) Display in City Hall (ongoing) OHPC will maintain and periodically rotate the contents of its display at City Hall to vary the information presented and conform with accepted preservation standards. Materials may also be solicited from members of the community for temporary exhibitions. 3) Otsego City Council and Commissions (occasional) OHPC will volunteer to give short presentations on pertinent activities to City Council and other City Commission as appropriate. For example, an update on the historic context study could be provided at a mid -point in the project. 7. BUILDINGS AND SITES In conformity with purposes A & B cited in City Ordinance No. 94-9, Section 75 and guided by the historic context study (# 1 above), OHPC will examine the feasibility of restoration and use of various structures and sites in Otsego deemed to be historic, and will apply for any appropriate designations. These will include, but are not limited to: Making application for inclusion of the Otsego Cemetery the National Register of Historic Places (1997) The McDonald/Peavey House The Old Town Hall Re -use of land where Old Town Hall is currently situated Posting of signage to indicate historic sites and properties Note: This plan will be reviewed and updated on a yearly basis. (July 1997) .sol s+l, Claims List ! r APPro%:D1 MUNICIPAL OF CITY OF OTSEGO 10 2, 97 :O 10:"2j/9' CLAIM TOTAL �+ '2 TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIht �3 REPA4p- AO -10 MAIN ENANrFr 10/2&/97 2927 2. 89 -3:3 4 -- PAUL !-HIJMM DEPOSIT REFUND 10/26/97 2928 33O•+� s '6 r' r ..1 c t 2 X07 .)P.'>9 3.4 54 '1,l 17COPIER EAST SIDE LEASING CO. LEASE 10/26/97 2930 237.92 e OF MONTICELLO 4TH QUARTER FIRE CONTRACT 10/26/97 2931 1,688.75 iCITY 9 '7 ? +u GOPHER SPORr PARK & REQ;. EQUIPMENT 10/26/97 2934 320.r- ++ L l-�NG LAKE -:ACTOR & EQUIP PARTS10/26/97 2935 �? •��% 1+2 !7 _ 7 00 +3 1+4 RIVER VALLEY LUMBER INC STREETS & PARK SUPPLIES y 10/26/97 2937 93.78 IIs TS _ 116 116 W 4 w S le 1628.. 12t - - 22 DJ'S TOTAL HOME CENTER REPAIR 10/26/97 2940 5.00 23 H G WEBER OIL COMPANY DELIVERIES 9/30 10/2 10/14 10/26197 2941 1.970.30 24 - _ - 56-2.F2 125 27 SCHARBER & SONS PARTS `& SUPPLIES i' 10/26/97 2943 33.38 2 16 A . n ESM PUBLISHERS INC ., PRINTING & PUBLISHING 10/26/97 2945 63.65 ts I V-.IiTyY WARREN FALL MAINTENACE EXPO 10/26/97 2946 20.00 3o ;—p6' 3+ - . 32 139 NAPA OF ELK RIVER INC PARTS 10/26/97 2948 19.24 MAYOR MELVIN SWENDRA DUES — WRIGHT COUNTY MAYYORS 10/26/9/' 2950 . - 150.00 133 GOPHER STATE ONE -CALL. INC SEPTEMBER SERVICE 10/26/97 2951 4.00 36 - 3e BRAD PAGAN TIRE, INC. REPAIR & MAINTENANCE 10/26/97 2953 107.67 CROW RIVER FARM EQUIPMENT SUPPLIES 10/26/97 2954 106.50 '39 194264972 9 1.0 40 .. _ .. T -IPE REPAIR _ . 1a+ l at fGFAI= F9R ?!i9f4;flt X43 4a7�'2 i4s TOTAL YEAR TO DATE 5c..13 46 47 �46 1491 .sol s+l,