04-14-97 CCCITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE
5. CONSENT AGENDA (Non -controversial Items April 14,1997 -
6:30PM
ITEM NUMBER: ITEM DES CRI PT I ON : PREPARED BY: EB , CC
5.1. Approve Resolution for Authorization Execution of Sub -Grant
Agreement For FEMA 1158 -DR -MINNESOTA
BACKGROUND:
With the heavy storms this winter, Wright County was declared a
disaster area. I have completed the documents and sent to FEMA.
The Approval of the Resolution for FEMA 1158 -DR -MINNESOTA is the final
step to allow us to be reimbursed for our percentage of snow removal
costs.
RECObIl4ENDATION :
Approve the FEMA 1158 -DR -MINNESOTA Resolution as written for signature
by the Mayor and City Clerk.
Th nks,
lame
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY RESPONSE COMMISSION
B-5 State Capitol
75 Constitution Avenue
St. Paul, Minnesota 55155-1612
TTY (612) 282-6555
FAX (612) 296-0459
Telephone: (612) 296-2233
March 13, 1997
Ms. Elaine Beatty, Clerk
City of Otsego
8899 Nashua Avenue NE
Elk River, Minnesota 55330
Dear Ms. Beatly:
STATE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY
On January 16, 1997, as a result of extremely heavy snow and blizzard like conditions, the
President, in response to the Governor's request, declared 55 counties in Minnesota a major
disaster area for snow emergency assistance.. In accordance with this declaration and in response
to the city's request for disaster assistance, the following documents are provided.
SUB -GRANT AGREEMENT FOR THE INFRASTRUCTURE PROGRAM
Three copies of the Sub -grant Agreement are provided. Review the terms of the
agreement and arrange for the individual identified in the resolution (Exhibit V), to sign on
line.1 of page 9 on all three copies of the agreement.
EXHIBIT III of the Sub -giant Agreement (page 16)
Review the "SUB -GRANTEE INFORMATION" portion of the form for accuracy
of the address. Place the name of the authorized representative identified in the
resolution and their telephone number where indicated. If the city wants us to
contact another individual with questions, place their name where indicated.
The figures identified on the "DISASTER APPLICATION BREAKDOWN OF
TOTAL SUB -GRANT AGREEMENT ONCE THIS SUB -GRANT
AGREEMENT IS FULLY EXECUTED" portion of the form identifies the dollars
approved.
AN EQUAL OPPORTUNITY EMPLOYER
26
STATE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY
On January 16, 1997, as a result of extremely heavy snow and blizzard like conditions, the
President, in response to the Governor's request, declared 55 counties in Minnesota a major
disaster area for snow emergency assistance.. In accordance with this declaration and in response
to the city's request for disaster assistance, the following documents are provided.
SUB -GRANT AGREEMENT FOR THE INFRASTRUCTURE PROGRAM
Three copies of the Sub -grant Agreement are provided. Review the terms of the
agreement and arrange for the individual identified in the resolution (Exhibit V), to sign on
line.1 of page 9 on all three copies of the agreement.
EXHIBIT III of the Sub -giant Agreement (page 16)
Review the "SUB -GRANTEE INFORMATION" portion of the form for accuracy
of the address. Place the name of the authorized representative identified in the
resolution and their telephone number where indicated. If the city wants us to
contact another individual with questions, place their name where indicated.
The figures identified on the "DISASTER APPLICATION BREAKDOWN OF
TOTAL SUB -GRANT AGREEMENT ONCE THIS SUB -GRANT
AGREEMENT IS FULLY EXECUTED" portion of the form identifies the dollars
approved.
AN EQUAL OPPORTUNITY EMPLOYER
Ms. Elaine Beatty, Clerk
Page Two
March 13, 1997
EXHIBIT IV of the Sub -get Agreement (page 17)
The individual authorized in the city's resolution MUST sign and date all three
copies of the "CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND
COOPERATIVE AGREEMENTS" which deals with lobbying activities.
EXHIBIT V of the Sub -grant Agreement (page 18)
This is a sample of the resolution that MUST be passed by thecity identifying the
individual authorized to sign page 9 and 17 on its behalf in order to receive the
federal assistance being made available by this Sub -grant.
Damage Survey Report
The Damage Survey Reports (DSRs), which are attached to each Sub -grant
Agreement, identifies the site, describes the scope of work, and indicates the
eligible cost to complete the work. Please review the description, scope of work,
and cost of the project works portion of the DSR form. If the city has any
questions or finds a discrepancy on a DSR, contact John Gibson on 612 296-0489
or Sharon Kelly on 612 296-0458.
Please return all three copies of the Sub -grant Agreement and the original and one
copy of the resolution* directly to:
Minnesota Division of Emergency Management
Room B5 - State Capitol - 75 Constitution Avenue
St. Paul, Minnesota 55155-1612
Attention: Sharon Kelly
Once the Sub -grant Agreement has been fully executed, a signed copy will be provided to
the city. A check in the amount of $12,345, which represents the federal dollars, will then
be disbursed. The state share will be disbursed once the Legislature approves the state
match.
*If the resolution has already been provided, it is not necessary to submit another one.
2. PROJECT APPLICATION SUMMARY FORM
This form is a listing of all the Damage Survey Report (DSR) forms that were prepared
for the city, regardless if approved, and a breakout of the federal dollars.
Ms. Elaine Beatty, Clerk
Page Three
March 13, 1997
PROJECT LISTING FORM
The Project Listing Form (Project Completion and Certification Report) depicts all of the
approved DSRs indicating the approved amount, % of work completed at the time of the
initial inspection, and description of work to be done.
In addition, it asks the sub -grantee to provide the date the work was actually completed
on all open DSRs and the actual dollar amount expended to complete the work. All snow
removal costs should be included on the Project Listing Form and, therefore, the
Project Listing Form -should -bp signed and returned along with the Sub -grant
Agreement.
REMINDERS:
A check for the appropriate portion of the federal share cannot be disbursed until the Sub -
grant Agreement has been fully executed.
The city has 60 days to appeal the final approved costs on its Damage Survey Reports.
Again, if the city has any questions or concerns regarding its disaster assistance project, please
give John Gibson or Sharon Kelly a call.
Sincerely,
6
es D. Franklin
State Coordinating Officer
JDR SK
Enclosures
DATE: 03/08/97
TIME: 11:20AM
FEDERAL EMERGENCY MANAGEMENT AGENCY
P.2 - PROJECT APPLICATION SUMMARY
DISASTER #: 1158
PAGE: 1
P.A. ID: 171-49138 APPLICANT: OTSEGO (TOWNSHIP OF)
SUPPLEMENT NO.: 0
PROJECT APPROVED
DSR # CAT COMPL DATE DSR AMOUNT PROJECT DESCRIPTION
..... ... .......... ......................................................................................................
38410 B 02/28/97 $15,827.00
PROJECT TITLE: SNOW REMOVAL
DAMAGE FACILITY: CITY STREETS
= DAMAGE LOCATION: CITY OF OTSEGO
DAMAGE DESC: '-SNOW REMOVAL ON SNOW EMERGENCY ROUTES AND ON OTHER ROADS AND STREETS
AS NECESSARY TO PROVIDE ACCESS TO EMERGENCY AND CRITICAL FACILITIES
FOR RESIDENTS IN THE AREA.
..................
CAT: B ( 1 DSRS) $15,827.00 ELIGIBLE
$11,870.00 75 t FEDERAL SHARE
r-141) TOTAL: 1 CATEGORIES
1 DSR(S)
ELIGIBLE
75 FEDERAL SHARE
DSRs:
$15,827.00
$11,870.00
SUBGRANTEE ADMIN (EST):
$475.00
$475.00
TOTAL:
$16,302.00
$12,345.00
RECOMMENDED BY:
PUBLIC ASSISTANCE
FFICER
gi1
DATE:
APPROVED BY:
DATE: -
GRANTEE ADMIN (EST): $62.00
DATE: 03/09/97
TIME: 04:05PM
FEDERAL EMERGENCY MANAGEMENT AGENCY
P.4 - PROJECT LISTING
PROJECT COMPLETION AND CERTIFICATION REPORT
DISASTER #: 1158
P.A. ID: 171-49138 APPLICANT: OTSEGO (TOWNSHIP OF)
STATE: MINNESOTA
PAGE: 1
WORK PROJECT APPROVED 3 COMPL ACTUAL DT AMT. CLAIMED
DSR # SUPP CAT ELIG ACCOMP BY COMPL DT DSR AMOUNT AT INSP COMPLETED BY APPLICANT COMMENTS
38410 0 B Y FORCE ACCP 02/28/97 $15,827.00100 / / $...................................
...................................
...................................
PROJECT TITLE: SNOW REMOVAL
DAMAGE FACILITY: CITY STREETS
DAMAGE LOCATION: CITY OF OTSEGO
PROJ DESCRIPTION: SNOW REMOVAL ON SNOW EMERGENCY ROUTES AND ON OTHER ROADS AND STREETS
AS NECESSARY TO PROVIDE ACCESS TO EMERGENCY AND CRITICAL FACILITIES
FOR RESIDENTS IN THE AREA.
1 TOTAL DSR(S): $15,827.00 $
GRANTEE ADMIN: $62.00
SUBGRANTEE ADMIN: $475.00
GRAND TOTAL $16,364.00
FEDERAL EMERGENCY MANAGEMENT AGENCY
PA - PROJECT LISTING
PROJECT COMPLETION AND CERTIFICATION REPORT
DISASTER #: 1158
P.A. ID: 171-49138 APPLICANT: OTSEGO (TOWNSHIP OF)
STATE: MINNESOTA
INSTRUCTIONS
FOLLOWING COMPLETION OF ALL WORK, COMPLETE THE LAST THREE COLUMNS, THE CERTIFICATION,
AND RETURN THIS SHEET TO:
MINNESOTA DIVISION OF EMERGENCY MNGMT
STATE CAPITOL, B-5
ST. PAUL
MN 55155
ATTN. SHARON KELLY
SUPPORTING DOCUMENTATION MUST BE ATTACHED WHENEVER YOUR CLAIM FOR A LARGE
'CT EXCEEDS THE APPROVED DSR AMOUNT. THE DOCUMENTATION MUST INCLUDE A
-LED BREAKDOWN AND DESCRIPTION OF CLAIMED WORK AND COSTS AND ANY OTHER
ATTACHMENTS THAT MAY BE NECESSARY TO SUPPORT YOUR CLAIM.
CERTIFICATION
I HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF
ALL WORK AND COSTS CLAIMED ARE ELIGIBLE IN ACCORDANCE WITH THE
GRANT CONDITIONS, ALL WORK CLAIMED HAS BEEN COMPLETED, AND ALL
COSTS CLAIMED HAVE BEEN PAID IN FULL.
SIGNED:
DATE: A /14 197
APPLICANT'S AUTHORIZED REPRESENTATIVE
PAGE: 2
I CERTIFY THAT ALL FUNDS WERE EXPENDED IN ACCORDANCE
WITH THE PROVISIONS OF THE FEMA -STATE AGREEMENT AND
I RECOMMEND AN APPROVED AMOUNT OF $
GOVERNOR'S AUTHORIZED REPRESENTATIVE
Larry Fournier, Mayor
DATE:
STATE OF MINNESOTA
SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE
UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES
Grantor Program: Federal Disaster Assistance
STATE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY
DIVISION OF EMERGENCY MANAGEMENT
SUB -GRANT AGREEMENT
INFRASTRUCTURE PROGRAM (IP)
Agency P07 FY 1997
Vendor Number: 0 yy -y,2 0 - 0 0 %
Total Amount of Contract: $14,719
Object Code: 5B00
Accounting Distribution 1:
Accounting Distribution 2:
Fund: 300
Fund: 100
Appr: 228
Appr: 228
org/sub 2342
org/sub: 2342
rept cat: 58PA
rept cat: 58ST
arnount: $12,345
amount: $ 2,374
Requisition: 2000- `��'�
Orders: 2000- 0 78
Fed Line # 3 State Line #
Fed Line # State Line #
DR- 1158
Notice to SUB -GRANTEE: If SUB -GRANTEE is other than a governmental agency, it is required by
Minnesota Statutes, Section 270.66 to provide its social security number or Minnesota Tax
Identification number if it does business with the State of Minnesota. This information may be used on
the enforcement of federal and state tax laws. Supplying these numbers could result in action to require
you to file state tax returns and pay delinquent state tax liabilities. T FUS SUB -GRANT WILL NOT BE
APPROVED UNLESS THESE NUMBERS ARE PROVIDED. These numbers will be available to
federal and state tax authorities and state personnel involved in the payment of state obligations.
THIS SUB -GRANT AGREEMENT, which shall be interpreted pursuant to the laws of the State
of Minnesota, between the STATE OF MINNESOTA, acting through its Department of Public
Safety, Division of Emergency Management (hereinafter referred to as the "STATE") and the City
of Otsego, Soc. Sec. or NIN Tax ID. No. 9776815 , Federal Employer I.D. No. (if applicable)
41-0919123 , (hereinafter referred to as the "SUB -GRANTEE"), witnesseth that:
WHEREAS, pursuant to Minnesota Statutes Chapter 12, Executive Order 96-16, and the
FEMA -State Agreement designated FEMA 1158 DR -MINNESOTA and amendments thereto,
under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288,
as amended, 42 USC 5121 et sea. ("the Stafford Act"), in accordance with 44 CFR 206.202, the
STATE. is empowered to receive, allocate and disburse federal aid monies made available
through the Federal Emergency Management Agency (FEMA); and
MPS -DEM
rebniary 20, 1997
STATE OF MINNESOTA
SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE
UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES
Grantor Program: Federal Disaster Assistance DR- 1158
WHEREAS, the STATE is the authorized Grantee in the FEMA -State Agreement, FEMA -1158
DR -MINNESOTA and amendments thereto, which delineates the terms in which federal
assistance will be provided to SUB -GRANTEES; and
WHEREAS, SUB -GRANTEE has applied for assistance, and is eligible and authorized to receive
such funds under this grant program as per the eligibility requirements stated in the State of
Minnesota Administrative Plan and Procedures for the Infrastructure Program (IP) (MPS -
DEM 01196; and
WHEREAS, there has been a presidential disaster declaration based on damage resulting from
severe winter storms between January 3 - February 3, 1997, and
THEREFORE, it is mutually agreed that the STATE shall grant and the SUB -GRANTEE shall
receive funds through this program, and SUB -GRANTEE shall comply with all aspects of the
Infrastructure Program (IP) and shall use funds provided by this Sub -grant in accordance with
the terms of this agreement:
I. SUB -GRANTEE'S DUTIES AND RESPONSIBILITIES.
A. SUB -GRANTEE shall comply with the Federal Assurances Construction
Programs, as stated below:
1. SUB -GRANTEE certifies that the SUB -GRANTEE has the legal authority
to apply for federal assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the non-federal share
of project costs) to ensure proper planning, management and completion of
the project described in this Sub -grant Agreement.
2. SUB -GRANTEE will give FEMA, the Comptroller General of the United
States, and the STATE, through their authorized representatives, access to
and the right to examine all records, books, papers, or documents related
to the assistance; and will establish a proper accounting system in
accordance with generally accepted accounting standards or agency
directives.
SUB -GRANTEE shall be responsible for keeping records that fully
disclose the amount and disposition of project funds. The accounting
procedures utilized by the SUB -GRANTEE shall provide for the accurate
and timely recording of the receipt of funds and expenditures.
, -DEM
February 70, 1997 2
STATE OF MINNESOTA
SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE
UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES
Grantor Program: Federal Disaster Assistance DR- 1158
4. SUB -GRANTEE will establish safeguards to prohibit SUB-GRANTEE's
employees from using their positions for any purpose that constitutes or
presents the appearance of personal or organizational conflict of interest, or
personal gain.
5. SUB -GRANTEE will comply with the provisions of the Hatch Act (5
U.S.C. §§ 1501-1508 and 7324-7328) which limit the political activities of
employees whose principal employment activities are funded in whole or in
part with federal funds and with the Certification Regarding Lobbying,
contained in Exhibit IV, hereby incorporated by reference and made a part
of this Sub -grant Agreement and SUB -GRANTEE has filed with the State
the certification contained in Exhibit TV.
6. SUB -GRANTEE will comply with all applicable requirements of all federal
laws, Executive Orders, regulations and policies governing this program
including, but not limited to, those referenced in Exhibit II, which is hereby
incorporated and made part of this Sub -grant Agreement.
B. SUB -GRANTEE shall perform its duties in accordance with the State of
Minnesota Administrative Plan and Procedures for the Infrastructure
Program (IP) (MPS -DEM 01/96) , and as to the requirements contained in the
Snow Emergency Declaration DR -1158 Information Sheet covering
Expedited Procedures Under the Snow Removal Policy dated January 17,
1997, and Sub -grantee's Guidance on Major Disaster Assistance Procedures
for Snow Emergency Declaration DR -1158 (hereinafter referred to as the
"SSED Guidance"). These documents will be provided to the SUB -GRANTEE by
the STATE.
SUB -GRANTEE further agrees to carry out the work described on each eligible
Damage Survey Report, hereby attached to the SUB -GRANTEE'S copy of this
Sub -grant Agreement and incorporated by reference and made a part of this Sub -
grant Agreement. Original Damage Survey Reports shall be kept on file by the
STATE with the STATE'S copy of the Sub -grant Agreement and shall be housed
by the STATE at the STATE'S central office, located in the Ivrnnesota State
Capitol Building, Room B5, St. Paul, Minnesota.
C. SUB -GRANTEE assures that funds provided and allocated through this sub -grant,
as described on the e ' 'ble Damage Survey Report(s) provided in support of this
Sub -grant Agreement, will be used as approved and directed by the STATE.
MFS -DEM
February 20, 1997 3
STATE OF MINNESOTA
SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE
UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES
Grantor Program: Federal Disaster Assistance DR- 1158
II. CONSIDERATION AND TERMS OF PAYMENT
A_ Consideration for all services performed and goods or materials supplied by SUB-
GRANTEE pursuant to this Sub -grant Agreement shall be paid by the STATE as
follows:
Compensation shall be consistent with the Stafford Act and applicable
regulations, "SSED Guidance" andle igible Damage Survey Reports of this
Sub -grant Agreement.
2. The total obligation of the STATE for all STATE compensation and
reimbursement to SUB -GRANTEE shall not exceed the "State Share"
amount stated in Exhibit III of this Sub -grant Ap-reement, and is contingent
on the Minnesota State Legislature special appropriation of the "State
Share" for this Infrastructure Program that is necess= for the payment
sated as the "State Share" (see Exhibit III of the Sub -grant Agreement) If
the "State Share" is not appropriated by the Legislature. the SUB-
GRANTEE shall be responsible for this amount
3. The total obligation of the STATE for allocation and disbursement of
federal (FEMA) funds for all compensation and reimbursement to SUB-
GRANTEE shall not exceed the "Federal Share" and "Administrative
Costs" amounts stated in Exhibit III of thisSub-arant Agreement
B. Terms of Reimbursement
Federal assistance will be made available by the STATE, within the limits
of funds available from Congressional appropriations for such purposes, in
accordance with the Stafford Act, Executive Orders 12148 and 12673, and
applicable regulations found in Title 44 of the Code of Federal Regulations
(CFR), as amended, and currently applicable handbooks.
2. Payment of Claims
a. Federal (FEMA) Funds -
The STATE shall make payment of the federal funds for projects,
as defined in the "SSED Guidance," as soon as practicable after
federal approval of funding.
MPS -DEM
February 20, 1997
STATE OF MINNESOTA
SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE
UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES
Grantor Program: Federal Disaster Assistance DR- 1158
b. State Share -
The STATE will provide the State Share once 0 required
documentation has been provided in support of the SUB-
GRANTEE's costs as described in paragraph 3 below, and if and
when the Minnesota Legislature appropriates such funds pursuant
to Clause II, Section A, paragraph 2 of this Sub -grant Agreement.
3. The SUB -GRANTEE is responsible for completing the "Project Listing
Form" and returning it to the STATE along with this Sub -grant Agreement
to be eligible for reimbursement as specified in the "SSED Guidance," and
stated in this Sub -grant Agreement.
4. Reimbursement for the IP project costs will not be paid on any expenditure
made by the SUB -GRANTEE prior to the dates specified in the FEMA -
State Agreement, FEMA -1158 DR -MINNESOTA and amendments
thereto. The specified incident period is January 3 - February 3, 1997.
III. CONDITIONS OF PAYMENT. All services and duties provided by SUB -GRANTEE
pursuant to this Sub -grant Agreement shall be performed to the satisfaction of the STATE
and FEMA, as determined in the sole discretion of their authorized agents, and in
accordance with all applicable federal, state and local laws, ordinances, rules and
regulations. SUB -GRANTEE shall not receive payment for work found by the STATE or
FEMA to be unsatisfactory, or performed in violation of federal, state or local law,
ordinance, rule or regulation.
IV. TERM OF SUB -GRANT AGREEMENT. This Sub -grant Agreement shall be effective
upon the date that the last signature is obtained by the STATE, pursuant to Minnesota
Statutes 16B.06, Subd. 2, and shall remain in effect until all obligations set forth in this
Sub -grant Agreement have been satisfactorily fulfilled or until February 3, 1997 which
ever occurs first.
Time Limits. SUB -GRANTEES has 60 days from February 3, 1997 to provide all
documentation in support of their costs under Category A and B. The description
of eligible work under each category is found in the "SSED Guidance."
V. CANCELLATION AND TERMINATION
1. If SUB -GRANTEE materially fails to comply with any term of this Sub -grant
Agreement whether stated in a Federal statute or regulation, an assurance, in a
MPS -DEM
Febmary 20, 1997 5
STATE OF MINNESOTA
SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE
UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES
Grantor Program: Federal Disaster Assistance DR- 1158
State plan or application, a notice of award, or elsewhere, the STATE may take
one or more of the following actions, as appropriate in the circumstances:
a. Temporarily withhold cash payments pending correction of the deficiency
by the SUB -GRANTEE or more severe enforcement action by the STATE,
b. Disallow (that is, deny both use of funds and matching credit for) all or part
of the cost of the activity or action not in compliance,
C. Wholly or partly suspend or terminate the current award for the SUB-
GRANTEE's program,
d. Withhold further awards for the program, or
e. Take other remedies that may be legally available.
2. This Sub -grant Agreement may be terminated in whole or in part by the STATE or
SUB -GRANTEE upon written notification to the STATE or FEMA, setting forth
the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated. However, if in the case of a partial
termination, the STATE determines that the remaining portion of the award will
not accomplish the purposes for which the award was made, the STATE may
terminate the award in its entirety.
3. If at any time such funds become unavailable, this Sub -grant Agreement shall be
terminated immediately upon written notice of such fact by the STATE to SUB-
GRANTEE. In the event of such termination, SUB -GRANTEE shall be entitled
to payment, determined on a pro rated basis, for services satisfactorily performed.
VI. STATE'S AUTHORIZED AGENT. The STATE's authorized agent for the purposes of
administration of this Sub -grant Agreement is the Director of the Minnesota Division of
Emergency Management, or their successor. Such agent shall have final authority for
acceptance of SUB-GRANTEE's services and authorization of payments.
VII. ASSIGNMENT. SUB -GRANTEE shall neither assign nor transfer any rights or
obligations under this Sub -grant Agreement without the prior written consent of the
STATE. SUB -GRANTEE may sub -contract to provide services as described in the SUB-
GRANTEE duties. It is understood, however, the SUB -GRANTEE remains solely
responsible to the STATE for providing the projects and services described.
MIPs -DEM
February 20, 1997 6
STATE OF MINNESOTA
SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE
UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES
Grantor Program: Federal Disaster Assistance DR- 1158
VIII. AMENDMENTS. Any amendments to this Sub -grant Agreement shall be in writing, and
shall be executed by the same parties who executed the original or their successors in
office.
IX. LIABILITY. To the extent permitted by law, the SUB -GRANTEE agrees to indemnify
and save and hold the STATE, its agents and employees harmless from all claims or
causes of action arising from the performance of this Sub -grant Agreement by the SUB-
GRANTEE or SUB-GRANTEE's agent or employees. This clause shall not be construed
to bar any legal remedies SUB -GRANTEE may have for the STATE's failure to fulfill its
obligations pursuant to this Sub -grant Agreement.
X. ACCOUNTING, AUDIT AND RETENTION OF RECORDS
A. SUB -GRANTEE will establish a separate account for this project and will
maintain fiscal records in accordance with applicable federal regulations for P.L.
100-690. SUB-GRANTEE's records, documents, and accounting procedures and
practices for this project shall be subject to the examination of the STATE's
authorized agent and by the State and/or Legislative Auditor. Fiscal records shall
be retained for a period of three years following submission of the final report,
unless SUB -GRANTEE is notified by the STATE to extend the retention period.
B. Should the SUB -GRANTEE receive more than $25,000 in total federal assistance
in its fiscal year, the SUB -GRANTEE shall obtain an annual financial and
compliance audit, made by an independent auditor, in accordance with the Single
Audit Act of 1984 (Public Law 98-502) and the federal Office of Management and
Budget Circular A-128, (or Circular A-133) as applicable. Exhibit I "Federal
Audit Requirements" is binding upon the SUB -GRANTEE and is hereby
incorporated by reference. A copy of this audit shall be submitted to the STATE
in a timely manner.
C. The books, records, documents, and accounting procedures and practices of the
SUB -GRANTEE and SUB-GRANTEE's agents relevant to this Sub -grant
Agreement shall be subject to examination by the STATE's authorized agent and
the STATE and/or Legislative Auditor.
XI. IDENTIFICATION AND SOURCE OF FUNDING. When issuing statements, press
releases, requests for proposals, bid solicitations, and other documents describing projects
or programs funded in whole or in part with Federal money, SUB -GRANTEE will clearly
state (1) the percentage of the total cost of the program or project which will be financed
MPS -DEM
Fdxwry 20, 1997 7
STATE OF MINNESOTA
SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE
UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES
Grantor Program: Federal Disaster Assistance DR- 1158
with Federal money, (2) the dollar amount of Federal funds for the projects or program;
and (3) the source of Federal funds.
XII. WORKER'S COMPENSATION. In accordance with the provisions of Minnesota
Statutes, Section 176.182, the SUB -GRANTEE has provided acceptable evidence of
compliance with the workers' compensation insurance coverage requirement of Minnesota
Statutes, Section 176.181, Subdivision 2.
XIII. NONDISCRIMINATION/PREVAILING WAGE. SUB -GRANTEE -agrees that in the
hiring of common or skilled labor for the performance of any work under any contract, or
any sub -contract here under, neither it nor any contractor, material supplier or vendor
shall engage in any discriminatory employment practices as such practices are defined in
Minnesota Statutes, Sections 363.03 and 181.59 or in any practices prohibited by
Minnesota Statutes, Sections 177.42 and 177.43.
MPS -DEM
February 20, 1997
STATE OF MINNESOTA
SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE
UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES
Grantor Program: Federal Disaster Assistance DR- 1158
In Witness thereof, the parties have caused this Sub -grant Agreement to be duly executed
intending to be bound thereby.
• "C• /90.
SUB ,GRANTEE DEPARTN E OF;PIIBM SAFETY/
VERN0R'S:;i4UVW=ED
REPRESENTATIVE OR.DEPUTY
A19!WRI4W:REP..
LM
Larry Fournier,
Title: Mayor
E. M-01MVE
By:
Elaine Beatty
Title: City Clerk/Zoning Adm.
Date: April 14, 1997
LE
Date:
As per FEMA/State Agreement and
Amendments thereto
1.3. ENCUMBERED BY
A certified copy of the resolution authorizing the SUB -GRANTEE to enter into this Sub -grant
Agreement and designating person(s) to execute this Sub -grant Agreement must be attached
hereto. A sample resolution form is attached hereto as Exhibit V.
MPS -DEM
February 20, 1997 9
STATE OF MINNESOTA
SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE
UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES
Grantor Program: Federal Disaster Assistance DR- 1158
10.14:110,30dy
FEDERAL AUDIT REQUIREMENTS
For SUB -GRANTEES who are state (includes Indian tribes) or local governments:
If the SUB -GRANTEE receives total direct and indirect federal assistance of:
** $100,000 or more per year, the SUB -GRANTEE agrees to obtain a financial and
compliance audit made in accordance with the Single Audit Act of 1984 (Public
Law 98-502) and the federal Office of Management and Budget (OMB) Circular
A-128. The law and circular provide that the audit shall cover the entire
operations of the SUB -GRANTEE government or, at the option of the SUB-
GRANTEE government, it may cover departments, agencies or establishments that
received, expended, or otherwise administered federal financial assistance during
the year. However, if the SUB -GRANTEE government receives $25,000 or more
in General Revenue Sharing Funds in a fiscal year, it shall have an audit of its
entire operations.
** between $25,000 and $100,000 per year, the SUB -GRANTEE agrees to obtain
either:
a. a financial and compliance audit made in accordance with the Single Audit
Act of 1984 and OMB Circular A-128, or
b. a financial and compliance audit of all federal funds. The audit must
determine whether the SUB -GRANTEE spent federal assistance funds in
accordance with applicable laws and regulations and the audit must be
made in accordance with any federal laws and regulations governing the
federal programs the SUB -GRANTEE participates in.
Audits shall be made annually unless the state or local government has, by January 1,
1987, a constitutional or statutory requirement for less frequent audits. For those
governments, the cognizant agency shall permit biennial audits, covering both years, if the
government so requests. It shall also honor requests for biennial audits by governments
that have an administrative policy calling for audits less frequent than annual, but only for
fiscal years beginning before January 1, 1987.
MPS -DEM
Fa Nua y 20,1997 10
STATE OF MINNESOTA
SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE
UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES
Grantor Program: Federal Disaster Assistance DR- 1158
2. For SUB -GRANTEES who are institutions of higher education, hospitals, or other
nonprofit organizations:
If the SUB -GRANTEE receives total direct and indirect federal assistance of $100,000 or
more per year, the SUB -GRANTEE agrees to obtain a financial and compliance audit
made in accordance with OMB Circular A-133. The audit must be organization wide
audit, unless it is a coordinated audit in accordance with OMB Circular A-133. However,
when the $100,000 or more was received under only one program, the SUB -GRANTEE
may have an audit of that one program.
Between $25,000 and $100,000 per year the SUB -GRANTEE agrees to obtain either.
** a financial and compliance audit made in accordance with OMB Circular A-133, or
* * a financial and compliance audit of each federal program. The audit must
determine whether the SUB -GRANTEE spent federal assistance funds in
accordance with applicable laws and regulations and the audit must be made
accordance with any federal laws and regulations governing the federal programs
in which the SUB -GRANTEE participates.
Audits shall usually be made annually, but not less frequently than every two years.
3. All audit shall be made by an independent auditor. An independent auditor is a state or
local government auditor or a public accountant who meets the independence standards
specified in the general Accounting Office's Standards for Audit of Governmental
Organizations Programs, Activities and Functions.
4. The audit report shall state that the audit was performed in accordance with the provisions
of OMB Circular A-128 or A-133 as applicable.
The reporting requirements for audit reports shall be in accordance with the American
Institute of Certified Public Accountant's (AICPA) Statement on Auditing Standards
(SAS) 58, "Reports on Audited Financial Statements" or, SAS 62, "Special Reports", as
applicable.
The reporting requirements for audit reports on compliance and internal controls shall be
in accordance with AICPS's SAS 63, "Compliance Auditing Applicable to Governmental
Entities and Other Recipients of Governmental Financial Assistance" and Statement of
Position (SOP) 89-6, "Auditors' reports in Audits of State and Local Governmental
Units."
MP3 -DEM
February 20, 1997 11
STATE OF MINNESOTA
SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE
UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES
Grantor Program: Federal Disaster Assistance
DR- 1158
In addition to the audit report, SUB -GRANTEE shall provide comments on the findings
and recommendations in the report, including a plan for corrective action taken or planned
and comments on the status of corrective action taken on prior findings. If corrective
action is not necessary a statement describing the reason it is not should accompany the
audit report.
5. The SUB -GRANTEE agrees that FEMA, the Legislative Auditor, the State Auditor and
any independent auditor designated by FEMA shall have such access to SUB-
GRANTEE's records and financial statements as may be necessary for FEMA to comply
with the Single Audit Act the OMB Circular A-128 and OMB Circular A-133, as
applicable.
6. Recipients of federal financial assistance from SUB -GRANTEES are also required to
comply with the Single Audit Act and the OMB Circular A-128 or A-133, as applicable.
7. The SUB -GRANTEE agrees to retain documentation to support the schedule of federal
assistance.
Required audit reports must be filed with the Office of the State Auditor, Single Audit
Division and with the Department of Public Safety, within 30 days after the completion of
the audit, but no later than one year after the end of the audit period. If a federal
cognizant audit agency has been assigned for the SUB -GRANTEE, copies of the required
audit reports will be filed with that agency also.
The Department of Public Safety's audit report should be addressed to:
Minnesota Department of Public Safety
Office of Fiscal and Administrative Services
444 Cedar Street, Suite 100-F
St. Paul, Minnesota 55101-2156
Recipients of more than $100,000 in federal funds are to submit one copy of the audit
report within 30 days after issuance to the clearinghouse at the following address:
Bureau of the Census
Data Preparation Division
1201 East 10th Street
Jeffersonville, Indiana 47132
Attn: Single Audit Clearinghouse
MP3 -DEM
February 20, 1997 12
STATE OF MINNESOTA
SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE
UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES
Grantor Program: Federal Disaster Assistance DR- 1158
EXHIBIT H
FEDERAL ASSURANCES
1. SUB -GRANTEE will comply with the Intergovernmental Personnel Act of 1970
(42 U.S.C. §§ 4728-4763) relating to prescribed standards for merit systems for
programs funded under one of the nineteen statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of Personnel Administration
(5 C.F.R. 900, Subpart F).
2. SUB -GRANTEE will comply with the Lead -Based Paint Poisoning Prevention Act
(42 U.S.0 §§ 4801 et seq.) which prohibits the use of lead based paint in
construction or rehabilitation of residence structures.
3. SUB -GRANTEE will comply with all federal statutes relating to non-
discrimination. These include but are not limited to: (a) Title VI of the Civil
Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of
race, color, or national origin; (b) Title IX of the Education Amendments of 1972,
as amended (20 U.S.C. §§ 1681-1683, and 1685-1686) which prohibits
discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of
1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975 as amended (42 U.S.C. §§
6101-6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 93-255), as amended, relating to non-
discrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-
616), as amended, relating to non-discrimination on the basis of alcohol abuse or
alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42
U.S.C. 290 dd-3 and 290 ee-3), as amended relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42
U.S.C. § 3601 et seq.), as amended relating to non-discrimination in the sale,
rental or financing of housing; (i) any other non-discrimination provisions in the
specific statue(s) under which application for federal assistance is being made, and
0) the requirements on any other non-discrimination Statute(s) which may apply to
the Sub -grant Agreement. When applicable, SUB -GRANTEE will comply with
Executive Order 11246 of September 24, 1965 entitled "Equal Employment
Opportunity", as amended by Executive Order 11375 of October 13, 1967 and as
supplemented in Department of Labor regulations (41 CFR part 60). (All
construction contracts awarded in excess of $10,000 by grantees and their
contractors or sub -grantees).
MPS -DEM
February 20, 1997
13
STATE OF MINNESOTA
SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE
UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES
Grantor Program: Federal Disaster Assistance DR- 1158
4. SUB -GRANT TEE will comply, or has already complied, with the requirements of
Titles II and III of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91-646) which provides for fair and
equitable treatment of persons displaced or whose property is acquired as a result
of federal and federally assisted programs. These requirements apply to all
interests in real property acquired for project purposes regardless of federal
participation in purchases. For acquisition/relocation projects funded as a result of
the FEMA -1158 -DR presidential disaster declaration, the purchase of any real
property under a qualified buy-out program shall not constitute the making of
Federal financial assistance available to pay all or part of the cost of a program or
project resulting in the acquisition of real property or in any owner of real property
being a displaced person (within the meaning of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970).
5. SUB -GRANTEE will comply, as applicable, with the provisions of the Copeland
"Anti -Kickback" Act (18 USC 874), and the Contract Work Hours and Safety
Standards Act (40 U.S. 327-330) regarding labor standards for federally assisted
construction sub -agreements, as supplemented by Department of Labor
Regulations.
6. SUB -GRANTEE will comply with environmental standards or requirements which
may be prescribed pursuant to the following: (a) institution environmental quality
control measures under the National Environmental Policy Act of 1969 (P.L. 91-
190) and Executive Order (EO) 11514; (b) Environmental Policy Act of 1969
(P.L. 91-190) and Executive Order (EMO) 11514; (c) notification of violating
facilities pursuant to EO 11738; (d) protection of wetlands pursuant to EO 11990;
(e) evaluation of flood hazards in floodplains in accordance with EO 11988; (f)
assurance of project consistency with the approved state management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451
et seq.); (g) compliance with all applicable standards, orders, or requirements
issued under section 306 of the Clear Air Act (42 U.S.C. 1857(h), section 508 of
the Clean Water Act (33 U.S.C. 1368, and Environmental Protection Agency
regulations (40 CFR part 15).
7. SUB -GRANTEE will comply with the Wild and Scenic Rivers Act of 1968 (16
U.S.C. §§ 1271 et seq.) related to protecting components or potential components
of the national wild and scenic rivers system.
8. SUB -GRANTEE will assist the STATE in assuring compliance with Section 106
of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470),
MP3 -DEM
February 20, 1997 14
STATE OF MINNESOTA
SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE
UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES
Grantor Program: Federal Disaster Assistance DR- 1158
EO l 1593 (identification and preservation of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
9. SUB -GRANTEE will comply with mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued
in compliance with the Energy Policy and Conservation Act (P.L. 94-163).
MP3 -DEM
February 20, 1997 15
STATE OF MINNESOTA
SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE
UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES
Grantor Program: Federal Disaster Assistance DR- 1158
Authorized Representative (Name and Tide): Larry Fournier, Mayor
Contact Person (Name and Title): Elaine Beatty, City Clerk/Zoning Adm.
Telephone Number: 441-4414 Facsimile Number: 441-8823
Administrative Cost: S 475
(1000/. federal funding)
Grand Total $16,302
*Pursuant to Clause H, Section A, paragraph 2 of this Sub -grant Agreement
..... .
. ...................................................... .
53 ATE CC+NTI� '�' IN1r�9Ri'ITQN..
Contact Persons & Phone *
Mailing Address: Minnesota Division of Emergency Management
Room B5 - State Capitol
St Paul, Minnesota 55155
MPS -DEM
TTY: 612 297-2100
Facsimile Number: 612 296-0459
W-4
STATE OF MINNESOTA
SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE
UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES
Grantor Program: Federal Disaster Assistance DR- 1158
EXHIBIT IV
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE
AGREEMENTS
This certification is required by the regulations implementing the New Restrictions on Lobbying,
44 CFR Part 18. The undersigned certifies, to the best of his or her knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, sub -grants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.)
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who
fail to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
Tarns Fnnrni ar. Mavnr
Name and Title of Authorized Representative
Signature Lary Fournier, Mayor
MPs -DEM
February 20, 1997
Date
17
STATE OF MINNESOTA
SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE
UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES
Grantor Program: Federal Disaster Assistance DR- 1158
11:
nws- L" T Ir" N
RESOLUTION AUTHORIZING EXECUTION OF SUB -GRANT AGREEMENT
Be it resolved that The Ci t:—F
(Name of oranization/Local Unit of Government)
enter into a Sub -grant Agreement with the Division of Emergency Management in the Minnesota
Department of Public Safety for the program entitled Infrastructure Program for FEMA 1158 -
DR -MINNESOTA.
Larry Fournier, Mayor is hereby authorized
(Name and Title of authorized official)
to execute and sign such Sub -grant Agreements and amendments as are necessary
to implement the project on behalf of The City of Otsego
(Organization/Local Unit of Government)
I certify that the above resolution was adopted by the
City Council City of OTsego
(Executive Body) (Organization/Local Unit of Government)
on April 14, 1997
(Date)
SIGNED:
(Signature) Larry Fournier
Mayor
(Title)
April 14, 1997
(Date)
WITNESSETH:
(Signature) Elaine Beatty
City Clerk/Zoning Admin.
(Title)
April 14, 1997
(Date)
MP&DEM
February 20, 1997
18
3
DATE: 03/09/97
FEDERAL EMERGENCY MANAGEMENT AGENCY DSR NO:
38410
TIME: 03:18PM
DAMAGE SURVEY REPORT SUPP TO DSR:
PART I - PROJECT DESCRIPTION
COUNTY - WRIGHT
ILICANT NAME - OTSEGO (TOWNSHIP OF)
INSPECTION DATE: 02/28/97
PROJECT TITLE - - SNOW REMOVAL
DAMAGED FACILITY - CITY STREETS
DISASTER NO: 1158
P.A.ID 171-49138
LOCATION - CITY OF OTSEGO
CATEGORY B
Is COMPLETE 100
WORK ACCOM BY: FORCE ACCT
DAMAGE DESCRIPTION AND SCOPE OF ELIGIBLE WORK:
SNOW REMOVAL ON SNOW EMERGENCY ROUTES AND ON OTHER ROADS AND STREETS AS NECESSARY TO PROVIDE ACCESS TO EMERGENCY AND CRITICAL
FACILITIES FOR RESIDENTS IN THE AREA.
RECOMMENDATION BY INSPECTOR
..........................................
AGENCY
FEDERAL - FISHER, LARRY
...........
FSA
STATE -
LOCAL - ELAINE BEATTY
PART II - ESTIMATED COST OF PROPOSED WORK
ITEM CODE MATERIAL AND/OR DESCRIPTION
.... ................................................................
UNIT QTY UNIT PRICE COST
' 9007 LABOR
..... ......... .............. .................
LS 1.00 $3,795.33
$3,795
9008 EQUIPMENT
LS 1.00 $13,035.63
$13,036
9009 MATERIAL
LS 1.00 $755.51
$756
4 9080 LESS 10% TOTAL ELIGIBLE
LS 1.00 $-1,759.00
$-1,759
TOTAL:
$15,827
AMOUNT ELIGIBLE:
$15,827
75 t FEDERAL SHARE:
$11,870
PART III
- FLOOD PLAIN MANAGEMENT/HAZARD MITIGATION REVIEW
IN OR AFFECTS FLOOD- FLOODPLAIN
f DAMAGE DISASTER LAND USE FPM RECOMMEN-
PLAIN OR WETLAND: LOCATION:
HISTORY: U - D DATION:
PART IV - FOR FEMA USE ONLY
AMQUNT ELIGIBLE
SPECIAL CONSIDERATIONS FLOODPLAIN REV. NO. WORKSITE
$15,827
M1S1F1 =
DSR NO: 38410
A
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE
6. BOB KIRMIS, ASST. CITY PLANNER April 14,1997 -
6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY : EB, CC
6.1. Consider Vernon and Celine Greeninger, 190544 - 70TH ST NE,
Albertville, MN Request as follows:
A. Conditional Use Permit to allow a one per forty subdivision
of more than 2-1/2 acres.
B. A Variance to allow a one per forty subdivision of more than
2-1/2 acres
BACKGROUND:
The above mentioned request has had a Planning Commission Hearing on
March 19, 1997 at 8PM. The recommendation from the Planning
Commission is as follows:
CUP:
Richard Nichols motioned approval of the CUP for the division
larger than 2-1/2 acres. Seconded by Bill Jones. Motion carried 5 to
1. Richard Nichols, Bill Jones, Arleen Nagel, Eugene Goenner and Jim
Kolles voted in favor to the motion. Ing Roskaft opposed.
VARIANCE:
Richard Nichols motioned to approve the variance as submitted, to
allow for a 1 per 40 split of more than 10 acres. Following reasons.
1. Encroachment of sanitary sewer system. 2. Possible mitigating
factor of low area possibly having to be filled in. Seconded by Jim
Kolles. Motion carried 5 to 1 with Richard Nichols, Jim Kolles,
Arleen Nagel, Eugene Goenner and Bill Jones voting in favor. Ing
Roskaft opposed.
(See Attached Minutes of Hearing and Findings of Fact)
RECOWENDATION :
Approve the above CUP and Variance with the conditions of NAC's
Report.
TWk s'
Elaine
PLANNING COMMISSION MEETING of March 19, 1997 cont'd Page 4
Richard Nichols motioned to approve Lin -Bar preliminary plat with the exclusion of
item #1of NRC's recommendations with the addition of the four items on page 2, of
the City attorney's report dated March 13, 1997. Seconded by Arleen Nagel.
Motion carried with Richard Nichols, Arleen Nagel, Ing Roskaft, and Jim Kolles
voting in favor. Eugene Goenner was opposed. Bill Jones abstained.
Discussion between the motion and the actual vote:
VC Eugene Goenner - Is more in favor of leaving the resubdivision requirements and
having the applicant increase the frontage to allow for future resubdivision.
Mr. Kirmis - Commented that the point of the resubdivision plan is for the property
owners protection to allow them to reduce assessments. The city is being responsible by
letting people know about future sewer hookups and if they are informed of that, that is
the intent of the resubdivision plan.
Elaine Beatty - This will be on the City Council Agenda of March 24, 1997 at 6:30 PM.
4. Hearing initiated by Vernon & Celine Greeninger, 10544 70th St. NE,
Albertville, MN. Owners of Property, PID#118-800-264300. The West 380 Feet of
the SW 1/4 of the SE 1/4 of Sec 26, Twp 121, R 24, Wright Co., City of Otsego, MN.
Request is as follows: A. CUP to allow a one per forty subdivision of more than
2-1/2 acres.
B. A Variance to allow a 1 per 40 split more than 10 acres.
VC Eugene Goenner went over the applicants request. Vernon and Celine Greeninger are
requesting a conditional use permit to allow a one per forty subdivision of more than 2 1/2
acres, and a variance to allow a one per forty split of more than ten acres.
Mr. Kirmis - The property is located north of 70th Street, between Co.Rd.19 and Kadler
Avenue. The property is approximately 80 acres and is actively farmed. The applicant is
proposing to split off 10.6 acres. Justification does exist to allow a lot to be created that is
larger then 2-1/2 acres. According to the zoning ordinance lot sizes larger than 2-1/2
acres in an A-1,Agricultural Rural Zoning District must meet one of the two requirements.
One area surrounding the single family dwelling and accessory buildings encompassing
structures is larger than 2-1/2 acres, and the second item is that the land is deemed
unusable for agricultural use.
The property is tillable, however it is only necessary to meet one or the other to allow for
the lot size. The reason for the request of the 10.6 acres is the access drive. (Exhibit C)
NAC, in regard to the variance, feels it is possible for the applicant to conform to the
provisions of the ordinance by shifting the drive to the west and narrowing the lot by 23
feet. A genuine non economic hardship hasn't been demonstrated to allow the granting of
that request. With that NAC has recommended approval of the CUP to allow the
potential 10 acre lot size subject to the eight (8) conditions from NAC's report dated
March 11, 1997, which Mr. Kirmis read.
NNING COMMISSION MEETING of March 19, 1997 cont'd Page 5
VC Eugene Goenner asked the applicant if he wished to speak at this time.
Vern Greeninger The main reason for the request for a variance over and above the
10544 70th St. NE 10 acre one per forty split was to encompass the existing driveway
and all buildings. Also to keep the north property line of the
proposed split on the quarter mark. This in turn would facilitate any
and all future development, as far as keeping clean lines. Moving
my driveway to the east is the wrong direction. It has to go to the
west to make it 10 acres. There is low ground to the west and also
the septic system which is only 5 years old. Can not afford to move
a driveway and a septic system. I have a retirement home just about
complete with a construction loan due June 1st. Only selling the
buildings and the driveway to try to keep the rest Ag.. Trying to
keep the rest Ag. and satisfy everyone, part of the seven acres in
front is marginal for farming. Mr. Greeninger handed out some
sketches of other proposals keeping it under 10 acres, but in every
instance it makes future development tough. (see attached)
Moving the driveway means $25,000. I'm on a fixed income and
can't afford it.
Larry Blesi One property owner to the east. I have no objection to the
7129 LaBeaux Ave. applicants request and feel moving the driveway to be
inappropriate.
VC Eugene Goenner reopened the hearing to the public. No one wished to be heard. The
hearing was then brought back to the planning commission.
Mr. Kirmis - Stated that the granting of a variance can not be based on an economic issue.
Richard Nichols - asked the applicant about the encroachment on the septic system.
Mr. Greeninger - Pointed to his septic system and drainfield on the map and the only way
to move the driveway would be to go around the septic system and it would be a mess for
future development.
Richard Nichols - Two factors that enter into the request of the variance are two property
hardships. One, making him move the line over and encroaching on the septic system,
which is not good city policy, and secondly, there are two low spots which may be
wetlands. There appears to be enough reason to grant a variance. He is in favor of
keeping the line where it is and not get into odd shaped property.
Bill Jones - Agreed with Richard. The applicant has done a great job and meets the spirit
of the ordinance. The original house was built to far back and we can fault him for that.
We are talking about 23 feet, not enough to justify moving the driveway.
J
PLANNING COMMISSION MEETING of March 19, 1997 cont'd Page 6
VC Eugene Goenner - Reopened the hearing to the public for comment. There was none.
The public hearing was closed and brought it back to the Planning Commission for
discussion.
Richard Nichols motioned approval of the CUP for the division larger than 2-1/2
acre. Seconded by Bill Jones. Motion carried 5 to 1. Richard Nichols, Bill Jones,
Arleen Nagel, Eugene Goenner, and Jim Kolles voted in favor of the motion. Ing
Roskaft opposed.
Richard Nichols - One comment before making a motion regarding the variance. Mr.
Jones commented that granting the variance would meet the spirit of the ordinance. In my
opinion, based on the two earlier conditions, requirements of the ordinance are being met.
Richard Nichols motion to approve the variance as submitted, to allow for a 1 per 40
split of more than 10 acres. Following reasons. 1. Encroachment of sanitary sewer
system. 2. Possible mitigating factor of low area possibly having to be filled in.
Seconded by Jim Kolles. Motion carried 5 to 1 with Richard Nichols, Jim Kolles,
Arleen Nagel, Eugene Goenner and Bill Jones voting in favor. Ing Roskaft opposed.
Elaine Beatty - This will be on the City Council Agenda of April 14, 1997 at 6:30 PM.
5 Review draft amendment of one pier forty transfer of pro rtv rich c 1 stered
C Eugene Goenner turned discussion over to Mr. Kirmis.
Mr. Kirmis - Reviewed draft amendment, handed out a list of the conditions that apply to
1 per 40 density transfers. The draft was done at the request of the planning commission
and establishes a maximum cluster cap of two parcels. This was originally adopted, then
deleted in 1993, leaving no cap on clustering. This is a possible interim use solution. The
whole issue of density in the Ag. area is something that will need to be talked about as
part of the comp plan update. A public hearing date may be set.
Richard Nichols requested an explanation of how this would be incorporated and it is
actually saying. This is a fairly broad definition. Can only have two homes next to each
other, the existing home and the new home?
Mr. Kirmis - There are gray areas subject to interpretation. If you want to transfer some
property rights into a 40, the most you could do would be two. You could get into
discussion of separation requirements and maximum number of dwellings within a forty.
VC Eugene Goenner - It is confusing how it is written, someone could do two this year,
two in six months, etc. It is unclear and should to be clearer before having a hearing. I
would like to see something go forward at this time, but it needs to be better defined.
When will the decision be made regarding sewer and water and the comp plan looked at.
N W^ NORTHWEST ASSOCIATED CONSULTANTS
INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
MEMORANDUM
TO: Otsego Mayor and City Council
FROM: Bob Kirmis
DATE: 26 March 1997
RE: Otsego - Greeninger CUP and Variance
FILE NO: 176.02 - 97.03
Attached are Findings of Fact applicable to the Greeninger conditional use permit and
variance requests.
Please note that the findings are reflective of the Planning Commission's recommendation.
This item is scheduled for City Council consideration on 1a April.
PC: Elaine Beatty
Andy MacArthur
Larry Koshak
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6
PHONE 5 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 RECOMMENDATION
Application has been made by Vernon and Celine Greeninger for a conditional use permit
to allow a« one per forty subdivision of more than 2-1/2 acres within an A-1, Agricultural -
Rural Service District. The subject property is located on 70th Street N.E., west of
C.S.A.H. 19 and east of Kadler Avenue N.E.
On 11 April 1997, the Otsego City Council met at its regularly scheduled meeting to
consider the application for the conditional use permit. Based on the application, the
recommendation of the Planning Commission, and the evidence received, the City Council
now makes the following findings of fact and decision.
FINDINGS OF FACT
1. The applicants are requesting a conditional use permit, for the purpose of allowing
a "one per forty' acre subdivision of more than 2-1/2 acres in an A-1 zoning district.
2. The lot size expansion (10.6 acres) is being requested in order to contain all of the
existing buildings and driveway within the proposed lot.
3. Section 20-51-5.F of the ordinance stipulates that expanded lot sizes may not
exceed 10 acres in area. Therefore, to accommodate the request, a variance to
allow a one per forty split of more than ten (10) acres is also being requested.
4. The initial quarter -quarter section is held under common ownership.
5. The Legal descriptions of the newly created lots are attached as Exhibit A and B.
6. Section 20-3-2.17 of the Zoning Ordinance directs the Planning Commission and
City Council to consider seven possible adverse effects of the proposed rezoning.
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 proposal to create a 10.6 acre single family residential lot within the A-1 Zoning
District shall not increase the overall density allowed within this district (1 unit per
40 acres), as a deed restriction will be placed over an additional 30 acres stating
that no development shall occur unless the zoning of the property changes.
Therefore, the proposal is consistent with the following Agricultural Policies within
the City's Comprehensive Plan:
* The preservation of agricultural uses and operating farms shall be given a primary
priority in all community planning and development decisions.
* Any possible division of land in agricultural areas shall be prohibited if such action will
infringe upon or threaten the maintenance of family.
* The subdivision of farmsteads and small parcels for farm family housing uses shall
be strictly regulated so as not to create future problems.
b. The proposed use's compatibility with present and future land uses of
the area.
The use of the property will not be altered as a result of the applicant's request.
The land will continue to be utilized for a single family residence and agricultural
use.
C. The proposed use's effect upon the area in which it is proposed.
Because the overall use of the 80 acre site will not change, the proposal will not
have a negative effect on the area.
d. The proposed use's impact upon property values of the area in which
it is proposed.
Because the use of the property will not be altered as a result of the applicant's
request, the land will continue to be utilized for a single family residence and
agricultural use. Therefore, property values in the area shall not be adversely
effected.
e. Traffic generation by the proposed use in relation to capabilities of
streets serving the property.
The use of the site will not change. As a result, there will be no negative impact on
traffic generated from the site.
2
f. 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.
As the use of the property will not be modified, there will be no impacts on the
existing public services and facilities including parks, schools, streets, and utilities.
7. On 19 March 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 ordinance, the applicant's request
for a Conditional Use Permit to allow a one per forty subdivision of more than 2-1/2 acres
is approved subject to the following conditions:
1. A deed restriction shall be placed upon the balance of the 40 acre tract (30 acres)
stating that under no circumstance shall development occur, unless it is rezoned.
2. All of the City's minimum required setbacks are determined to be satisfied as a
result of the 10 acre subdivision.
3. Administrative permit of the proposed subdivsion.
4. All recommendations of the Building Inspector are satisfactorily met in regard to
well and septic system issues.
5. All recommendations of the City Engineer are satisfactorily met in regard to
drainage issues.
6. All recommendations of the City Engineer are satisfactorily met in regard to
easement establishment.
3
Aw.
ADOPTED by the Otsego City Council this day of _ , 1997.
CITY OF OTSEGO
ATTEST:
Larry Fournier, Mayor
By:
Elaine Beatty, City Clerk/Zoning Administrator
4
VARIANCE
APPROVAL
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
IN RE: FINDINGS OF FACT
AND RECOMMENDATION
Application has been made by Vernon and Celine Greeninger for a variance to allow a one
per forty split of more than 10 acres within the A-1, Agricultural -Rural Service District. The
subject property is located on 70th Street N.E., west of C.S.A.H. 19 and east of Kadler
Avenue N.E.
On 11 April 1997, the Otsego City Council met at its regularly scheduled meeting to
consider the application for the variance. Based on the application, the recommendation
of the Planning Commission, and the evidence received, the City Council now makes the
following findings of fact and decision.
FINDINGS OF FACT
1. The applicants are requesting a variance for the purpose of allowing a "one per
forty" acre subdivision of larger than 10 acres.
2. The lot size expansion (10.6 acres) is being requested in order to contain all of the
existing buildings and driveway within the proposed lot.
3. The initial quarter -quarter section is held under common ownership.
4. The Legal descriptions of the newly created lots are attached as Exhibit A and B.
5. Section 20-51-5.G.3 of the Zoning Ordinance states that a request for variance may
not be granted unless the following can be demonstrated:
a. Undue hardship will result if the variance is denied due to the existence
of special conditions and circumstances which are peculiar to the land,
structure, or building involved and which are not applicable to other
lands, structures or buildings in the same district or area.
1) Special conditions may include exceptional topographic or water
conditions or, in the case of an existing lot or parcel of record,
narrowness, shallowness, insufficient area or shape of the
property.
2) Undue hardship caused by the special conditions and
circumstances may not be solely economic in nature, if a
reasonable use of the property exists under the terms of this
Chapter.
3) Special conditions and circumstances causing undue hardship
shall not be a result of lot size or building location when the lot
qualifies as a buildable parcel.
The hardship in this instance is caused by the physical location of existing
structures on the site and proximity (800 feet back) from 70th Street. The
relocation of site buildings or the driveway would result in an undue hardship
upon the applicant (i.e. require extensive filling and sewage treatment
system relocation). As such, the proposed lot size (10.6 acres) is necessary
in order to locate the existing structures (while maintaining the required
setbacks) and the existing driveway on the proposed new lot.
b. Literal interpretation of the provisions of this Ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the
same district under the terms of this Ordinance or deny the applicant
the ability to put the property in question to a reasonable use.
If the literal interpretation of the Ordinance were upheld, the applicant would
be prevented from subdividing his land in a manner in which all site buildings
could be contained. Thus denial of the applicant would deny the applicant
the opportunity to put the property in question to a reasonable use.
c. The special conditions and circumstances causing the undue hardship
do not result from actions of the applicant.
The special conditions in this instance, the location of the existing home and
driveway are not a result of the applicant. The structures were built on the
site prior to the adoption of the City's existing zoning regulations (existing lot
area requirements).
d. Granting the variance requested will not confer on the applicant any
special privilege that is denied by this Ordinance to other lands,
structures, or buildings in the same district under the same conditions.
The approval of the requested variance will not grant the applicant a special
privilege, nor will a precedent be set for similar requests within the A-1
Zoning District. This situation is unique, due to the location of site structures
(800 foot front yard setbacks), and an inability to relocate the driveway.
2
e. The request is not a result of non -conforming lands, structures or
buildings in the same district.
The request is not the result of non -conforming lands, structures or buildings
in the A-1 district.
f. The request is not a use variance.
The proposed uses are considered permitted uses within the A-1 Zoning
District. Therefore, the proposal is not a use variance.
g. The variance requested is the minimum variance necessary to
accomplish the intended purpose of the applicant.
The variance requested is the minimum variance necessary to accomplish
the subdivision of the property and include the sites existing driveway and
structures.
DECISION
Based on the'foregoing considerations and applicable ordinance, the applicant's request
for a variance to alloJv a one per forty subdivision of a 10.6 acre lot with an A-1 zoning
district is approved subject to the following condition:
1. The City Council approve the conditional use permit to allow a one per forty
subdivision of more than 2-1/2 acres.
ADOPTED by the Otsego City Council this day of
CITY OF OTSEGO
ATTEST:
Larry Fournier, Mayor
Elaine Beatty, City Clerk/Zoning Administrator
3
, 1997.
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE
6. BOB KIRMIS, ASST. CITY PLANNER April 14,1997 -
6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC
6.2. Consider City of Otsego, Mayor Larry Fournier as follows:
A. Conditional Use Permit to allow a one per forty subdivision
of more than 2-1/2 Acres.
B. A Variance for Rear Yard Setback from 50 feet to 35 feet.
BACKGROUND:
This is a City of Otsego Item initiated by the Mayor, with the help of
the Park and Recs and Heritage Preservation Commission. The purpose is
to move the old town hall to the present City Hall site and restore
the building. The Planning Commission held the Hearing and the Park
and Recs and Heritage Preservation Commission both agreed that they
would like to table this issue until the State of Minnesota funded
historical archeological study is completed and in report form. The
reason being so they can determine if the new City Hall site is the
right place for this historic building to be placed. Attached you
will find a copy of the minutes of the meeting for more detail. The
P.C. voted to table this issue until the report was received of the
historic overview of the City.
RECOMMENDATION:
Approve the recommendation of the P.C. unanimously to table this issue
until such -time that the report on historic and archeological study is
completed and a determination can be made where the old town hall
should be placed.
T*aiZn
ks
Ee
CITY OF OTSEGO
PLANNING CONI.MISSION MEETING
April 2, 1997 - 8:00 PM
1. Chair Carl Swenson will call meeting to order:
Chair Swenson called the Planning Commission Meeting to order at 8:00 PM.
ROLL CALL:
Present: Chair, Carl Swenson, Commissioners; Ing Roskaft, Richard Nichols, Bruce
Rask, Eugene Goenner, Arleen Nagel, Jim Kolles, Alternate Bill Jones.
Council Representative; Vern Heidner
Staff: Bob Kirmis, City Planner, Elaine Beatty, City Clerk/Zoning Administrator
Council Members; Larry Fournier, Suzanne Ackerman
Board Members: Jeff Bartheld, Tom Constant, Park & Rec., Joy Swenson, Joan Nichols,
Elaine Norin, Heritage Preservation Commission.
2. Consideration of the Planning Commission Minutes of March 19,1997:
Eugene Goenner - Pgl, last sentence - Eugene Goenner asked if all the pron .r noticing
regarding this hearing has been done_ (change to publishing and posting for tonight's
meeting)
Eugene Goenner motioned approval of the Planning Commission Minutes for
March 19, 1997 with correction. Seconded by Eugene Goenner. All in favor.
Motion carried.
3. Hearing for City of Otsego, applicant and owner,, Mayor La= Fournier, 8899
Nashua Av -nu , Otsego. NIN PID#118-500-202102 described as the North
535.00 feet of the Fast 480.00 feet of the North Half of the Northwest Quarter -of
Section 20, Township 121, Range, Wrighto m , City of Otsego, MN located at
8899 Nashua is as follows:
A. Conditional Use Permit to allow relocation of a locally significant
historic s ucture(Old Town Hall)
B- A variance for rear yard setback from 50 feet to 35 feet (15 feet less
than required by Ordinance)
Chair Swenson - The Hearing was called by the City of Otsego. Request is to allow the
Park & Rec. Commission to relocate an historic structure. Chair Swenson explained the
hearing procedure and asked if the proper posting and notices have been made.
Elaine Beatty, City Clerk/Zoning Adm. answered yes.
Mr. Kirmis - The City of Otsego has initiated a request to relocate the former Town Hall
from its current location north of Co.Rd.39 and east of Nashua Avenue to the 5.0 acre
new City Hall site located north of 85th Street and west of Nashua Avenue. The 800
square foot structure is ultimately intended to serve as a historic museum and possible
meeting place for community groups. To accommodate the proposed building relocation
two approvals are needed, a CUP to allow a relocated structure within the city. The
second request is for a variance from the fifty (50) foot rear yard setback in the INS
district.
PLANNING COMMISSION MEETING of April 2, 1997 cont'd Page 2
Mr. Kirmis highlighted some issues associated with the request. The primary issue relates
to off street parking. There is concern that the existing parking lot may not meet maximum
demand. Should need for additional parking be demonstrated, NAC recommends the
initial Prairie Park site plan parking lot be built. (see Exhibit C attached ) Regarding the
variance, the former Town Hall proposed location is in the southwest corner of the 5.0
acre City Hall parcel approximately 35 feet from the rear lot line. The rear property line
was created solely for mortgage purposes. The Prairie Park parcel is and will continue to
be under common ownership, therefore, granting the requested variance will not adversely
impact area properties. NAC believes unique circumstances exist which justifies approval
of the requested setback variance. NAC recommended approval of the CUP subject to
several conditions of NAC's report dated March 13, 1997, which he read. NAC
recommended approval of the set back variance request subject to any comments from
City staff, and they hadn't received any.
Chair Swenson asked Park Commission members for any comments.
Jeff Bartheld In answer to the concern regarding a septic system and well, they
14018 NE 85th St. will not be necessary at the site.
Chair Swenson opened the hearing to the public.
Larry Fournier Requested the discussion focus on the site location, to ensure
16632 NE 70th St. the most appropriate place for now and in the future.
Joy Swenson Commented that a grant has been received from the State Historical
9484 95th St. Society. Professional archeologists and historians will be doing an
assessment in the city in June or July, which will take a few months
to complete. A written report will be done showing important and
interesting places to consider preserving. On that basis the request
was made to table the project until after receiving the report. The
other site to consider would be the original town site.(present
location)
Chair Swenson - Brought the discussion back to the Planning Commission.
Richard Nichols - Asked if the Park Commission agreed with that assessment and
supported the delay in approval.
Jeff Bartheld We fully a rg with the Heritage Committee and want to do what is
14018 NE 85th St. best for the city. If the original site is considered an historically
significant site, we would wait for the report. In the interest of
making, only one move we agree to table this, pending the report.
PLANNING COMMISSION MEETING of April 2, 1997 cont'd Page 3
Vern Heidner Concerned with the effect on contributions and scheduled volunteer
13922 NE 91st St. labor if the project is tabled.
Jeff Bartheld The contributions are in the fund and as far as labor we can always
14018 NE 85th St. ask for volunteers later.
Eugene Goenner Concerned with the current condition of the building.
12867 NE 96th St. Referring to NAC's report, page 2. Lb. upon approval of the CUP
the relocated structure must comply with all requirements of the
State Building Code. A completion date needs to be added for
bringing the building up to code. The site of the current storage
structure is a more appropriate spot.
Jeff Bartheld Explained that restoration would be done in stages, moving the
14018 NE 85th St. building, fixing the exterior, roofing, and finishing the interior.
Ing Roskaft Agreed to tabling the request until the study is completed by the
7017 NE River Rd. State Historical Society.
Chair Swenson brought the hearing back to the public.
Elaine Norin Regarding the location, the building is not in it's original location
10235 NE Kadler Ave. It was west of the creek and a block back from Co. Rd.39.
Chair Swenson closed the hearing and brought it back to the Planning Commission for
comment.
Bill Jones - Concerned with lead paint or asbestos issues.
Chair Swenson - That could be a concern and at the time they start the work, the Building
Inspector will check into it.
Richard Nichols - Asked Eugene Goenner if he meant to replace the storage structure or
place it between the existing structure and the parking lot.
Eugene Goenner - Replace the existing storage structure. Similar applications have come
in with an existing non -conformity and the city required the building to be torn down. We
need to follow the same rules. That general location would be ideal.
Richard Nichols - Agreed and would rather have it in the front part of the parking lot Md
keep it separate from the park.
PLANNING COMMISSION MEETING of April 2, 1997 cont'd Page 4
Ing Roskaft asked Elaine Norin if the original site was available.
Elaine Norin - By studying an oral history found out that it was behind a school that
burned down in 1933. The old hall was north of that and west of the creek (by Grupas)
Ing Roskaft motioned to table the CUPNariance until we hear from Historical
Committee and the Park Committee as to when we can put it on the agenda.
Eugene Goenner seconded. All in favor. Motion carried.
Elaine Beatty - This will be on the council agenda of April 14, 1997 at 6:30 PM.
(Deride if Hearing to he held f so, set date of Hearing) Cont'd from 10/19/971
Bob Kirmis explained that this had been tabled from the March 19, 1997 meeting. There
was discussion as to the adequacy of the 1 per 40 density transfers, specifically the number
of dwelling units which may exist within a cluster. A draft amendment was prepared at
the Planning Commission's request.
Chair Swenson - If a change were to be made, two transfers would be allowed with the
existing building making it three.
Bruce Rask - The intent in A-1 was to allow the farmers to utilize their property not mini
development. To enhance and preserve ag land. Do we want six or seven more mini
developments. This is leap frog development. We have nothing in our Zoning or Comp
Plan now to stop a large cluster and feel we need something now. Revision of the Comp
Plan may take some time.
Ing Roskaft - Can we say in our ordinance that a cluster can not be over two new
transfers. It would be three with the existing home.
Richard Nichols - Asked what the exact language that was changed.
Bob Kirmis explained that the draft amendment is identical to the original ordinance.
Eugene Goenner - If you didn't have frontage, you couldn't develop.
Richard Nichols - Where development is allowed clustering should be encouraged. If the
intent is to slow down development and preserve ag land then lets return to not allowing
transfers where there is no road frontage. Say no transferring of property rights if road
rights are not available. Then make it 1 per 40 without any clustering. The original
definition of "Prime Farm Land" was anything you can grow crops on. Maybe changing
the definition is the answer. I want to make sure that whatever we come up with will be
permanent and best for the city.
x
DEPARTMENT: PREPARED BY: MEETING DATE
7. ANDY MAC ARTHUR, CITY ATTORNEY April 14,1997 - 6:30PM
ITEM NUMBER: ITEM DESCRIPTION:
7.1. Consider Elk River Fire Service Contract
7.1.
BACKGROUND:
This Fire Contract was on the Council Agenda of March 24, 1997 Consent Agenda and removed to
allow the Council to discuss it. The Council asked Andy MacArthur to review this Elk River Fire
Service Contract and report back at this Council Meeting 4/14/97.
(See attached information from Andy Re; Fire Contract)
RECOMMENDATION:
This is a Council decision with the input from the City Attorney.
Thank you,
&nl
Elaine
04-10-1997 03:33PM FROM Radzwill & Couri Law Offi TO
W imn S.
Andrew J. ifct' I r
Msehad C.
Megan AL M nail .
R"ZWII.L & COURI
Attorneys at Law i
705 QnPW Avenue East .j
PO Bax 369.
St. Midwel, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
4418823 P.02
�II
AP rill 10,, 1997
City. Cou.ricil ; Members .
City of Otsego
c/o lain ' Becitty,' City Clerk
8899.Nashua A4enue NE
Elkr. er., • 55330 ;
RE: ropccsed•$ik River Fire service contract
Dear Couricil Members:
At the Eotxnci.l's request I have reviewed the proposed Fire Contract
with he a
City of Elk River. The contract is of standard form aril is
acceptable.
If ycu. have any questions regarding this matter I wall be available
to answer them at the regularly scheduled City •Cduncil'Zoeting on
Mori y, April ° 14, 1997.
V .f �. Y Yo
IW .'
8CO.
• I i
i
74
1t s
TOTAL P.02
DEPARTMENT: PREPARED BY: MEETING DATE
7. ANDY MAC ARTHUR, CITY ATTORNEY April 14,1997 - 6:30PM
ITEM NUMBER: ITEM DESCRIPTION:
7.2. Consider 62ND Street (Private Road) Petition
7.1.
BACKGROUND:
62ND Street is a private street that is in Section 33, Twp 121, Range 23 and comes off of Oakwood
Avenue NE (A County Road). The City has plowed and graded this road for a number of years and as
you are aware, an agreement of the property owners was signed this year to have the City continue to
plow their road for this 1997 snow season. They have now brought in a petition to have the road
turned over to the City as a City street. Andy MacArthur will explain this item to the Council and I
believe some of the residents of that street will attend this meeting.
RECOMMENDATION:
This is a Council decision with the input from the City Attorney.
Thank you,
Elaine
;;ear ..e,ror an4 you ncil :.embers:
'ie the residents of 62nd st. petition t.ie city o. take ever said st.
^e mason bei-, it has been disionated 5?nd st -f or ^.any years and it
ie in "ne county ;rid system. All of our addresses have been 62nd st for
mane Fears.
Thank y ou.
'^he resident of 62nd st.
04-10-i997'02:19PM FROM Radzwill & Couri Law Offi TO 4418823 P.02
WA S. 'A
Andrew J. h
Michael C. 4
Megan M.: A
dzwiJ7 RADZIVML & COURI
rcA Aur Attorneys at Law
)Uzi 705 Central Avenue Earl
r 6neld PC Box 369
St. Midjael, MN 55376
(612) 497-1930
{672) 497-2599 (FAX}
April .9, ' 1997;
City Council Members
City o4 Otsego
c{olairie Beatty, City Clerk
8899- Ashua Avenue .NE
Elk ive:&, •MN: 55330
R.$� Petiiionior Accepting 62nd Street As A City Street
Dear Council Members:
Cert in g'es'id@nts living along that road design4ted as 62nd Street
within :the City of Otsego have petitioned to .have that private :road
takei6 -ov4r as `a City street, said petition is attached: Under Minn.
St�kto.. 412.211 and 412.221, Subd. 6, the City hats ;the :authority to
lay ut or'extend streets within the City and to cqt Ie property
;
to: .d so:
Therw is xno: defined form to petition. the City to :t,lke over a street
as al public road, nor is there any defined number of persons on
that road that must sign any such petition. Therefore, it is a
counrpil decision as to whether or not they wish to proceed to
cons'der'requpst or simply not act.
I be ieve that it is in the best interest of t" City to obtain
right of way where possible. It is better to have a system of,fully
publ• c ' sheets than it is to have a combinatiazr of private and
public, sitreets.
The'residents- should be, minimally, required to ;provide the full
wid.th right of way. My recommendation is that the�City Planner and
City Engineer be asked to comment on what reguirements they feel
are l necessary for acceptance of the street. ! :and : that 'those
requrements' be conveyed to the resident's initiait4ng the petition,
as.ctntirigoncies for City acceptance of the'street.
•
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04-10-1997 02:19PM FROM Radzwill S. Couri Law Offs TO
Lett r•to 0.tsego city Council
Agri. 10, 1997
Page .2
v ly
COW
Encl
cc-.6 Bob .:]Kiriai 3, NAC
Koshak, Hakanson Anderson
off'; and hose' Preske
• 3 '
4418023 . P.03
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DEPARTMENT: PREPARED BY: MEETING DATE
7. ANDY MAC ARTHUR, CITY ATTORNEY April 14,1997 - 6:30PM
ITEM NUMBER: ITEM DESCRIPTION: 7.1.
7.3. Consider Maintenance Agreement between Otsego/Albertville
BACKGROUND:
This Maintenance Agreement was completed at the request of Mark Berning who felt we needed to have
the maintenance of these roads in writing. Larry Koshak/Dave Chase and Elaine Beatty completed this
agreement and asked Andy to review and comment. Attached is the original draft and Andy MacArthur
will discuss any items he has with you.
RECOMMENDATION:
This is a Council decision with the input from the City Attorney.
Thank vou.
Elaine
MAINTENANCE NEEDS LIST FOR SHARED STREETS
BETWEEN OTSEGO/ALBERTVILLE:
1997 PROGRAM:
Kadler Avenue (60TH Street to I-94)
Two inch gravel overlay, Cost estimate based on
Otsego forces hauling and placing material $8,160
Albertville share 4,080
70TH Street (CSAH 19 to Kadler Avenue)
Crack sealing 3,000 lbs @ $.75/lb. $2,250
Albertville share 1,125
TOTAL SHARE OF 1997 MAINTENANCE $5,800
1998 PROGRAM
None
1999 PROGRAM
None
2000 PROGRAM
2" gravel, 70TH Street (CSAH19 to MacIver)
Estimate cost share for Albertville $3,050
2" gravel, MacIver (70TH Street to 62ND Street)
Estimate cost for Albertville $2,750
TOTAL COST FOR YEAR 2000 $5,800
2001 PROGRAM
None
This projection does not include culvert pipe replacement, signage upgrade, or normal
maintenance costs. It would appear that between $4,000 - $6,000 needs to be set up for
expenditure by Albertville every other year for gravel and paving maintenance. This, of
course, does not include the normal grading, snow plowing, and grass cutting.
CITY OF OTSEGO/CITY OF ALBERTVILLE
MAINTENANCE AGREEMENT
The Cities of Albertville and Otsego City Council herein agree to set forth the
maintenance policy for streets that border their communities.
2. Maintenance is identified as the care and upkeep of the existing roadway by
providing a durable all weather transportation route.
3. On gravel roads, upkeep is grading the road periodically with a motor patrol
grader, during the frost free season. Grading is planned to be performed once
a week in summer and less frequent where conditions allow it.
The maintenance also includes adding new gravel to the surface approximately
every four years. Depending on traffic volumes and weather and soil condition,
spot gravel addition may be necessary from time to time.
In the snow season maintenance means to plow the street after each two inch
snow event or more frequently depending on drifting conditions.
4. Bituminous surfaced street will be maintained by crack sealing and seal coating
periodically. Crack sealing is recommended about every two years. Seal coating
is recommended every 5 to 7 years. Streets that are stripped for traffic lanes will
be re -stripped after seal coating and when the markings are not clear enough to
the motorist.
5. The City of Otsego agrees to provide maintenance as described above with
equipment and operators sufficiently skilled to perform the necessary
maintenance.
6. The City of Albertville agrees to compensate the City of Otsego for these services
at the pre -determined rates set by the Council each year on, or before July 1st.
7. The following roads which are shared by both Cities, are to be maintained by the
City of Otsego:
70TH Street (CSAH 19 to Kadler Avenue)
Bituminous paved - designed as 10 ton capacity street. This
road has 12 foot lanes with 4 foot paved shoulders.
CITY OF OTSEGO/CITY OF ALBERTVILLE MAINTENANCE AGREEMENT
- Page 2 -
* 70TH Street (CSAH 19 to MacIver Avenue)
Gravel surfaced approximately 22 foot driving surface.
* MacIver Avenue (70TH Street to 62ND Street)
Gravel surfaced approximately 22 foot driving surface.
* Kadler Avenue (70TH Street to dead end)
Gravel surfaced approximately 20 foot driving surface
with limited turn around.
* Kadler Avenue (CSAH 37 North to I-94)
Gravel surfaced approximately 16 foot driving surface.
* Kadler Avenue (CSAH 37 to 60TH Street)
Gravel surfaced approximately 20 foot driving surface.
* MacIver Avenue (70TH Street to 62ND Street)
Gravel surfaced approximately 22 foot driving surface.
8. Maintenance concerns should be forwarded to the Otsego Public Works
Supervisor at 441-8137.
9. Otsego shall provide, in advance of two years, the maintenance program for
such items as seal coating, crack sealing, culvert replacement, and graveling.
10. The City of Otsego will maintain the street and traffic signs. New signs, if
needed, will be furnished at cost plus labor to install. The cost of signs and
installation will be shared equally.
11. Grass and weeds will be cut at least once per year on the inslopes of the roads.
Additional mowing will need to be requested.
12. Any unresolved issues in this agreement will first be presented to a joint meeting
of Public Works Committees consisting of Two Council Members of each City
and the Public Works Supervisor of each City. Should the issue(s) remain
unresolved by the Public Works Committee, the Council of each City will be
therefore obligated to resolve the matter.
CITY OF OTSEGO/CITY OF ALBERTVILLE MAINTENANCE AGREEMENT
- PAGE 3 -
13
Dated this
Either of the two Cities can dissolve this argeement within six months
notice in form of a majority resolution for dissolution of this agreement.
day of
CITY OF OTSEGO:
MAYOR LARRY FOURNIER
ATTEST:
ELAINE BEATTY, CITY CLERK
1997.
CITY OF ALBERTVILLE:
MAYOR
ATTEST:
LINDA HOUGHTON, CITY CLERK
(City Seal) (City Seal)
DEPARTMENT: PREPARED BY: MEETING DATE
9. COUNCIL ITEMS Elaine Beatty, City Clerk April 14,1997 - 6:30PM
ITEM NUMBER: ITEM DESCRIPTION: 7.1.
9.1. Consider Certification of Local Performance Measures for Local Performance Aid Payable in
1998.
BACKGROUND:
The first year we Certified to Local Performance Measures for Aid was 1996 payable in 1997.
This is Certification for 1998. Attached is a letter explaining this.
RECOMMENDATION:
Approve the Certification of Local Performance Measures for Local Performance Aid Payable in 1998
for signature by the Mayor and one Council Member.
�T�ank you,
Elaine
N41 NESOTA Department of Revenue
Property Tax Division
March 26, 1997
Mail Station 3340 St. Paul, N1N 55146-3340
Phone (612) 296-5141 Fax (612) 297-2166
TO: ALL CITY CLERKS, ADMINISTRATORS, MANAGERS, AND
FINANCE DIRECTORS
RE: CERTIFICATION OF LOCAL PERFORMANCE MEASURES
FOR LOCAL PERFORMANCE AID PAYABLE IN 1998
Minnesota Statutes, Section 477A.05 provides for Local Performance Aid (LPA). In
order to qualify for LPA, your city must have a system of performance measures for
services provided by the city, and must regularly compile and present these measures to
the city council at least once per year. If there is currently no system of performance
measures in place, your city may still qualify for this aid if it is in the process of
developing and implementing a system of performance measures. However, eligibility
based upon being in the process of development may not be used for more than two
consecutive years.
For the purpose of the enclosed certification form, "in the process" may include having
the subject of performance measures on the agenda of the city council. The city should
then use the time period between this year's certification and next year's certification to
develop basic measures such as "workload," unless it has already moved beyond this
stage. The second year of "in the process" must be used to move to a higher level of
performance measurement, such as measuring efficiency and effectiveness.
Local performance aid will be determined as follows for calendar year 1998: The total
amount of aid available for cities in 1998 is $4,107,673, plus an inflation adjustment
based on the implicit price deflator. A per capita aid amount will be determined by
dividing the total aid available by the total population of all cities that qualify for the aid.
Each qualifying city then receives an aid amount based on its population times the per
capita aid amount.
Distribution of LPA is based on yearly certifications for each qualifying city. Cities are
required to submit an annual certification in order to receive LPA payable in calendar
ycar 1993 and subsequent years.
Note: The State Legislature is currently looking at LPA, and there could be changes
which affect LPA. Your city will be notified if there are changes which affect your
1998 Certification of Local Performance Measures or your 1998 LPA.
LPA will be paid in two equal installments on July 20 and December 26 of 1998.
Qualifying cities will receive a certification of their 1998 LPA by July 31, 1997.
(continued)
An equal opportunity employer TDD: (612) 215-0069
Page 2
As mentioned above, your city may qualify for LPA by (1) having a system of
performance measures in place, or (2) by being in the process of developing and
implementing a system of performance measures. If your city qualifies for LPA by either
criteria, and your city wishes to participate in the distribution of this aid for calendar year
1998, your city must fill out the enclosed certification and return it to our office by June
30, 1997. Please note: if our office does not receive a certification from your city by
June 30, 1997, your city will not be eligible to receive this aid in calendar year 1998.
If you have any questions regarding the completion of this form, please feel free to call
me at (612) 296-5141.
Sincerely,
Lar �ewle
' Y
Research Analysis Specialist
Property Tax Division
Enclosure
Form LPA - Cl
Certification of Local Performance Measures
for Local Performance Aid Payable in 1998
Complete and return to: Minnesota Department of Revenue. Property Tax Division. Mail Station 3340. St. Paul, Minnesota 55146-3340 Phone: (612)296-5141
Name and mailing address of governmental unit Name of person filling out form
Telephone
County of location
1. Does your city have a system of performance measures for services provided by the city,
and are these measures regularly compiled and presented to the city council at least
once each year? YES NO
2. If the answer to question 1 above is no, is your city in the process of developing and
implementing a system of performance measures? YES NO
This form must be returned to the Minnesota Department of Revenue, Property Tax Division, by June 30, 1997 in order for your city to be
eligible to receive Local Performance Aid payable in 1998.
Note: City certifications must be signed by the Mayor and by a member of the City Council.
We do hereby certify that, to the best of our knowledge and belief, the facts presented in this certification are true and correct.
Sigr f Mayor Signature of City it Member Date
Ki
DEPARTMENT:
PREPARED BY:
MEETING
DATE
9. COUNCIL ITEMS
Elaine Beatty, City Clerk
April 14,1997 -
6:30PM
ITEM NUMBER: ITEM DESCRIPTION:
9.2. Discussion of Peavey House Rental Property at 13620 - 95TH ST NE
BACKGROUND:
Attached is a Memorandum from Judy Hudson, Deputy Clerk explaining the rental situation on this
property.
RECOMMENDATION:
This is a Council decision as to how we handle this situation. Judy Hudson does have a suggestion
- Give the Hagens until May 1, 1997 to pay all rent due. If the full amount due is not paid, this will
be turned over to the City Attorney for immediate action.
Th n
Elaine
MEMORANDUM
TO: Mayor Fournier and Councilmembers
FROM: Judy Hudson, Deputy Clerk
DATE: March 31, 1997
RE: Rental Property (Peavey House) at 13620 95th Street NE
Previously you received a copy of the letter written to Mr. and Mrs. Hagen regarding the
rents due. This letter was dated March 18, 1997 and outlined that Mr. and Mrs. Hagen
owed the City $520.00.
Mr. Hagen stopped by the City Hall today to discuss this with me. He explained that his
business venture wasn't bringing in as much money as expected. Mr. Hagen said he is
expecting a $2,000 tax refund and should receive it in about four (4) weeks. I went over
the rental account with him and also noted to him that now he owes the March rent of
$400 plus a $10.00 late fee and also that by the time he gets his tax refund the April rent
will also be due for a grand total of $1,330. I explained that his comments will be given to
the City Council and that I would let him know what the Council decides.
A suggestion - Give the Hagens until May 1, 1997 to pay all rent due. If the full amount
due is not paid, this will be turned over to the City Attorney for immediate action. If the
rent is paid up by May 1, Mr. and Mrs. Hagen will be informed that city staff will closely
monitored this account for late payments and will keep the Council appraised of this
situation.
If the Council takes no action immediately this item will be placed on the April 14, 1997
City Council Agenda.
PC: Elaine Beatty, City Clerk/Zoning Administrator
Andrew MacArthur, City Attorney
DEPARTMENT: PREPARED BY: MEETING DATE
9. COUNCIL ITEMS Elaine Beatty, City Clerk April 14,1997 - 6:30PM
ITEM NUMBER: ITEM DESCRIPTION:
9.4. Change City Reorganization Workshop on 4/21/97 to 4PM from 7PM
BACKGROUND:
At last Council Meeting this meeting was set for 7PM. I think the Council should reconsider for 4PM as
our new hours start and we can take advantage of no overtime if we start at 4PM.
Thank5,
Elaine
A
DEPARTMENT: PREPARED BY: MEETING DATE
9. COUNCIL ITEMS Elaine Beatty, City Clerk April 14,1997 - 6:30PM
ITEM NUMBER: ITEM DESCRIPTION:
9.5. Consider Otsego Bike Plan - Does Council want Park and Recs to continue with this or stop
and put on the back burner?
BACKGROUND:
See attached information on this that came from Suzanne Ackerman, Parks and Recs. Council Member.
Suzanne will explain to you further if needed.
Mt.
Elaine
3601 Thurston Avenue
Hdkanson Anoka, Minnesota 55303
Anderson 612/427-5860 _ 05
Fax 612/427-3-461- 20
OTSEGO BIKE PLAN
ESTIMATE FOR COMPLETION
Tasks
To Do:
Hours
m4 YYP
Draft
1.
Make revisions based on February 11, 1997
Joint Meeting
4
2
2.
Draft "Implementation" Chapter
8
3
3.
Review with Parks Commission
2
4.'
Make revisions after review
4
5.
Hold Public Information Meeting
(includes preparation)
6
4
3.
Respond to comments at meeting
4
7.
Make revisions if necessary
4
8.
Publish final draft for Parks and Recreation
Commission Action
2
4 6
9.
Submit to Council for approval and ultimate
incorporation into City's comprehensive plan
3
37
9 --10
37 hours at $62/hour
$2,294
9 hours at $30/hour
270
10 hours at $45/hour
45-Q
$3,014
43% of my hours are on revisions, response to comments
(16 hours of 37).
(This is approximately
$1,000; $3014-992 = $2,022).
OT703.not
Engineers
Landscape Architects
Surveyors
JV
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE
9. COUNCIL ITEMS ELAINE BEATTY, City Clerk April 14,1997 -
6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB, CC
9.7. Consider Approval of Merit Raise for Public Works part time
Employee Ren Shierts
BACKGROUND:
Ken Shierts is a part-time employee who has worked for the City for a
number of years part-time. The Public Works Sub -Committee has
determined with Dave Chase, Public Works Superintendent, that a merit
raise of $1.00 an hour should be given to Ken Shierts. This will
bring him up to $10.00 per hour. He is a very qualified part-time
employee.
RECOMMENDATION:
Approve the recommendation of the Public Works Sub -Committee to give a
merit raise of $1.00 per hour to $10.00 per hour to Ken Shierts, part
time employee.
T4?—,u ,
Elaine
I
CITY OF OTSEGO
ULS I r UK I;UUh1l:1L AL,11Uir
AGENDA SECTION: DEPARTMENT: MEETING DATE
I9. COUNCIL ITEMS ELAINE BEATTY, City Clerk April 14,1997 -
6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC
9.8. Consider quotes for lawnmowing/upkeep of City Hall and Prairie
Park area
BACKGROUND:
Judy Hudson has advertised and taken quotes for the above. The quotes
were reviewed at Adm. Sub -Committee on April 9, 1997. Judy will
explain the quotes and her recommendation.
RECOMMENDATION:
Approve the recommendation of Adm. Sub -Committee of Steves Lawn Care
for contracting the lawnmowing/upkeep of City Hall and Otsego Prairie
Park.
T s,
Elaine
QUOTESHEET
CITY OF OTSEGO
1997 T
Qt=n Prairie Park
Wooded Picnic Area (Approximately 4 acres)
o _
2 Softball fields, Soccer Field (Approx. 9.22 acresY S
Volleyball, Play Area (Approx. 2.06 acres)
NW Ballfield (Approx. 2.3 acres)
Ste_
General Spring Clean-up, fertilizer and weed control
2 Sak4�{'38(�9
at times per season.
Swale 1.8 acre)
South Wooded 2.8
$ 3 O
$—
Area (Approx. acres)
Cily Hull
Area running along Nashua Avenue
Area around the Holding Pond
area around City Hall and Maintenance Shed including
the ROW (Approx. 3 acres) S_) i D
General Spring Clean-up, fertilizer and weed control
2 in Spring. $ 1,20— D
at times per season, aeration once
Old J:UX Hall
Approx. 1.5 acre
$
city wen
Approx. 1.5 acre
3 O
located by Otsego Elementary School
S
City Owned lots
85th Street 1
S
and Oakwood (approx. acre)
All quotes include general debris pickup.
Contractors are encouraged to visually inspect
all mowing sites prior to i
Quote.
Equipment to be used:
Attach: References or other previous grass mowing work.
-78
3
4 5f
r
I
C
Fatal LJjW0
o ase
I S7 D 1 h�6
400- quo
M
■GTis
A
_--- _- ------ a� � - --- � �.'���-�`-e-��-�- -� 3.000.__ �=2-�-���-�� �-�
e
t
ECONOMIC DEVELOPMENT PARTNERSHIP OF WRIGHT COUNTY, MINNESOTA_- L
A NON- PROFIT PRIVATE / PUBLIC PARTNERSHIP
April 10, 1997
Elaine Beatty, City Clerk
City of Otsego
8899 Nashua Ave. NE
Otsego, MN
Dear Elaine Beatty,
It has become time again to renew Otsego's support of the Economic Development Partnership of Wright County
(EDPWC). The partnership, established in 1993, has a mission to promote Wright County as a desirable place to live, work
or own a business. The EDPWC's focus is on supporting development on a county -wide basis to enhance and improve the
quality of life and economic well being of Wright County.
The group manages and administers the Wright County Enterprise Loan Fund. The purpose of the loan fund is to
encourage economic development by supplementing conventional financing sources available to new and existing
businesses. The revolving loan fund can help banks put together loan packages for their customers by supplementing owner
equity to meet bank lending guidelines while providing a lower than market source of funds for a portion of a company's
financing needs. In keeping with both economic and community well being, the loans must serve a public purpose by
creating new jobs that pay a livable wage and also increase the community tax base.
EDPWC is funded through membership dues and a $30,000 funding grant from Wright County. Key members already in
the alliance, along with Otsego, include most cities in the county as well as four townships. All of the utilities in Wright
County support the partnership through active membership. Other important support comes from the Wright Technical
Center and the Private Industry Workforce Council 5 (PIWC 5), who are committed to provide the training and support
needed for a productive local workforce.
We encourage you to have any Otsego businesses and individuals who want more information about the partnership,
voluntary board membership or the application and loan process for an Enterprise Fund loan to contact any EDPWC Board
Member or their local bank for further assistance.
Again, we thank Otsego for their past and present support of the partnership.._
Sincerely,
Cathy Thisius, Treasurer
cc: Mayor Larry Fournier -
We moved! Our new address is:
6800 Electric Drive, PO Box 525, Rockford, MN 55373. (612) 477-3076
ECONOMIC DEVELOPMENT PARTNERSHIP OF WRIGHT COUNTY, MINNESOTA
A NON- PROFIT PRIVATE / PUBLIC PARTNERSHIP
�K73RCIJ—IFII
DATE: April 10, 1997
To:
Elaine Beatty, City Clerk
City of Otsego
8899 Nashua Ave. NE
Otsego,.: MN.-
cc:
N:
cc: Mayor Larry Fournier
DESCRIPTION OF DUES STRUCTURE AMOUNT DUE
Municipalities' due structures are based on their 1990 census. The
following due's structure is currently in place:
Under 1000 pop. $ 100.00 plus 10 cents per capita
1000 - 2500 pop. $ 500.00 $1,000.00
2500 - 5000 pop. $ 500.00 plus 10 cents per capita
Over 5000 pop. $1000.00 plus 10 cents per capita
SUBTOTAL I $1,000.00
TOTAL DUE 1 $1,000.00
Make all checks payable to: Economic Development Partnership of Wright County
Please mail checks to: Cathy Thisius, EDPWC Treasurer
c/o Security State Bank
PO Box 449
Maple Lake, MN 55358
If you have any questions concerning this invoice, call: Neil McMillin, 477-3076.
THANK YOU FOR JOINING IN OUR PROGRESSI
W e movod! Our new address is:
6800 Electric Drive, PO Box 525, Rockford, NIN 55373. (612) 477-3076
I
i
ECONOMIC DEVELOPMENT PARTNERSHIP OF WRIGHT COUNTY, MINNESOTA,.,
A NON- PROFrr PRIVATE / PUBuc PAMWE&SI IIP
AGENDA
April 17, 1997
City of Delano
9:30 a.m.
(Coffee at 9:00 a.m.)
1. Call to Order
2. Approval of March 20 Meeting Minutes
3. Treasurer's Report - Cathy Thisius
4. Committee Reports
a. Finance - Cathy Thisius
-Investments and Bank Account Status
-Five Year Plan
r:
fi. Marketing - Sean Carroll
c. Membership Judie Rose
d. Management - Neil McMillin
-Executive Director
e. IRS Filing Status - Catherine Jackson
5. Wright County Bankers Social - April 28th
6. EDAM Summer Conference
7. Director Vacancy
8. Additional Business
9. Adjourn
We movedl our new address is:
6800 Electric Drive, PO Box 525, Rockford, MN 55373. (612) 477-3076
49(ifi'fi�C-exnrrr4ioree ;:5; Monnestt�,-Mx+rx�or�e£ 362["2�2?+-b;}66, fAx j 29&442i-
04-14-1997 03.34PM FROM Redzwill & Couri Law Offi TO
4418823 P.01
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Andrew J. MacArthur .
Michad C. Couri
Megan M. McDOnald
April 14, 1997,
IUDZW L & COUN
Anorneys at. Lane
705 Central Avenue East
PO Box 369
&. Midutel, MN 55376
(612) 497-1930
(612) 497-2599 (FAS)
city Council Members
City of Otsego - i
c/o Elaine Beatty, City clerk
8899 Nashua Avenue NE
Elk River, MN 515330
RB; Proposed Madutenance Agreement- Cities of Otse#* and
Albertvill6i
Dear Council Members:
At the request;of the City Council I have reviewed the pr
Otsego/Albertville Road maintenance Agreement which, was deaf
Hakanson Anderson. The Agreement appears to be satisfactq
would, however,; ;add a No. 13, as follows: '! 13 . Snould th,
Councils be un�.ble..to resolve this matter, the murtteY
submitted to either mediation or arbitration before 'a
mutually agreed upon by both City Councils."
If you have any further questions I will be available:to
them at tonight!'s Council.meeting.
Ve y your -
An ew J. c ur
ZWzL .0
cc: Larry KoehagC;•Hakangon Anderson
posed
:ed by
ry, I
City
xy be
party
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l
MEMORANDUM
TO: Mayor Fournier and Councilmembers
FROM: Judy Hudson, Deputy Clerk
DATE: April 14, 1997
RE: Rental Property (Peavey House) at 13620 95th Street NE
Today (Monday, April 14, 1997) Mr. Hagen paid $800 towards his rent. This now leaves
a balance of $130 due for the balance of the April rent. Mr. Hagen indicated he will try
and pay this next week.
PC: Elaine Beatty, City Clerk/Zoning Administrator
Andrew MacArthur, City Attorney
A
First Choice
Ramsey
Cutting Edge
Otsego
Dan's Pro-Mowe
Rogers
Turfs Up
Becker
Carefree Lawn Service
Monticello
Steve's Lawn Service
Otsego
Legendacy Landscape
Andover
Total of mowing if mowed Total Spring
each week for one month Clean Up & Fert
$805.00 $3,514 - $4,679
$642.00 $4,360.00
$352.00 $2,665.00
$525.00 $2,125.00
$818.80 $1,915.00
$575.00 $2,070.00
$1,370.00 $4,175.00
Based on the over all price, references, equipment and experience the Administrative Staff
Committee is recommending Steve's Lawn Service of Otsego. Some quotes did not
include references, some were just too high and the one quote seem unrealistically low and
did not include references.
In reviewing the 1997 Budget, the following was budgeted:
Personal Services $22,089.00
Supplies $ 2,950.00
Fertilizers, Weed Control, Herbicides $ 4,400.00
TOTAL $29,439.00
Steve's Lawn Service
General Spring Clean-up, fertilizer and weed
control at 2 times per season for the Otsego
Prairie Park (included wooded picnic area,
softballs fields, soccer field, volleyball, play area
and City Hall area $ 2,070.00
City Hall mowing. Approx. 22 times $ 1,870.00
Old City Hall and City Well. Approx. 15 times $ 1,050.00
Otsego Prairie Park. Approx. 15 times $ 4,500.00
Outlying areas (swale, south wooded area) $ 850.00
approx. 10 times
City Owned lot. approx. 10 times $ 350.00
TOTAL $10,690.00
The above number of times are approximate. From past experience the City Hall area is
mowed usually once a week because this area is irrigated. The other areas are a guess.
These areas are sandy and not irrigated and will be probably be mowed less frequently
than stated. Keep in mind this will be our first season for this maintenance. The frequency
will be monitored. I recommend that the Mayor and City Clerk enter into a contract with
Steve's Lawn Service for the 1997 Season.
CITY OF OTSEGO
OFFICE MEMORANDUM
date: April 14, 1997
To:
From:
Subject:
Mayor and City Council
Jerry Olson, Building Official
Dennis McAlpine, Mark Berning and I met and inspected the lot across
from Mark's farm that is owned by the city.
Mr. McAlpine quoted a figure of$450.00 to abandon the existing well per
state code.
There is quite a bit of trash, tires, and scrap metal, on the site and also a
dilapidated metal building on the site.
My recommendations are as follows:
Joko
BLDGINSP.WPS
1. The well should be abandoned per code.
2. The septic tank should be located and properly abandoned. I have
contacted Fyle's excavating on this and am awaiting a quote.
3. All trash should be cleaned off of the site and properly disposed of.
4. The metal building should be removed.
5. The basement hole should be filled in.
6. The site should be graded and leveled.
MEMORANDUM
TO: Mayor Fournier and Councilmembers
FROM: Judy Hudson, Deputy Clerk
DATE: March 31, 1997
RE: Rental Property (Peavey House) at 13620 95th Street NE
Previously you received a copy of the letter written to Mr. and Mrs. Hagen regarding the
rents due. This letter was dated March 18, 1997 and outlined that Mr. and Mrs. Hagen
owed the City $520.00.
Mr. Hagen stopped by the City Hall today to discuss this with me. He explained that his
business venture wasn't bringing in as much money as expected. Mr. Hagen said he is
expecting a $2,000 tax refund and should receive it in about four (4) weeks. I went over
the rental account with him and also noted to him that now he owes the March rent of
$400 plus a $10.00 late fee and also that by the time he gets his tax refund the April rent
will also be due for a grand total of $1,330. I explained that his comments will be given to
the City Council and that I would let him know what the Council decides.
A suggestion - Give the Hagens until May 1, 1997 to pay all rent due. If the full amount
due is not paid, this will be turned over to the City Attorney for immediate action. If the
rent is paid up by May 1, Mr. and Mrs. Hagen will be informed that city staff will closely
monitored this account for late payments and will keep the Council appraised of this
situation.
If the Council takes no action immediately this item will be placed on the April 14, 1997
City Council Agenda.
PC: Elaine Beatty, City Clerk/Zoning Administrator
Andrew MacArthur, City Attorney
I
First Choice
Ramsey
Cutting Edge
Otsego
Dan's Pro-Mowe
Rogers
Turfs Up
Becker
Carefree Lawn Service
Monticello
Steve's Lawn Service
Otsego
Legendacy Landscape
Andover
Total of mowing if mowed Total Spring
each week for one month Clean Up & Fert
$805.00 $3,514 - $4,679
$642.00 $4,360.00
$352.00 $2,665.00
$525.00 $2,125.00
$818.80 $1,915.00
$575.00 $2,070.00
$1,370.00 $4,175.00
Based on the over all price, references, equipment and experience the Administrative Staff
Committee is recommending Steve's Lawn Service of Otsego. Some quotes did not
include references, some were just too high and the one quote seem unrealistically low and
did not include references.
In reviewing the 1997 Budget, the following was budgeted:
Personal Services
$22,089.00
Supplies
$ 2,950.00
Fertilizers, Weed Control, Herbicides
$ 4,400.00
TOTAL
$29,439.00
Steve's Lawn Service
General Spring Clean-up, fertilizer and weed
control at 2 times per season for the Otsego
Prairie Park (included wooded picnic area,
softballs fields, soccer field, volleyball, play area
and City Hall area$
2,070.00
City Hall mowing. Approx. 22 tim
$ 1,870.00
Old City Hall and City Well. App x. 15 times $ 1,050.00
Otsego Prairie Park. Approx. 15 times
$ 4,500.00
Outlying areas (swale, south wooded area)
$ 850.00
approx. 10 times
City Owned lot. approx. 10 times $ 350.00
TOTAL $10,690.00
The above number of times are approximate. From past experience the City Hall area is
mowed usually once a week because this area is irrigated. The other areas are a guess.
These areas are sandy and not irrigated and will be probably be mowed less frequently
than stated. Keep in mind this will be our first season for this maintenance. The frequency
will be monitored. I recommend that the Mayor and City Clerk enter into a contract with
Steve's Lawn Service for the 1997 Season.
Claims Li or Approval
MUNICIPAL -r CITY OF OTSEGO
For the period 04/05/97 to
04/05/97
04/05/97
2430
257.12
04/05/97
400.0(
U.S. WEST COMMUNICATIONS
SERVICE TO 3/22
04/05/97
CLAIM
TOTAL
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIM
NUMBER
AMOUNT
GLENS TRUCK CENTER INC
SUPPLIES
04/05/97
2417
58.75
101-43100-220
58.7'
G & K TEXTILE LEASING SYSTEMS
MARCH SERVICES
04/05/97
2418
227.23
101-43100-220
161.91
VEIT & CO
CRUSHED CONCRETE
04/05/97
2433
356.78
101-41940-220
65.24
H G WEBER OIL COMPANY
GAS & OIL 3/18 &'1/17
04/05/97
2419
956.39
101-43100-202
956.31
THE HARDWARE STORE
SUPPLIES
04/05/97
2420
5.79
101-43100-203
5.71
LAKELAND FORD TRUCK SALES, INC
PARTS
04/05/97
2421
1,492.25
101-43100-220
1,492.2:
CUMMINS NORTH CENTRAL
PARTS
04/05/97
2422
16.62
101-43100-220
16.6,
COMPUTABILITY CONSUMER ELECTRONICS
TONER CARTRIDGE
04/05/97
2423
182.70
101-41400-201
182.7(
RANDY'S SANITATION
FEBRUARY RECYCLING
04/05/97
2424
273.75
101-41610-390
273.7!
WRIGHT COUNTY HIGHWAY DEPT
SIGNS & SUPPLIES
04/05/97
2425
38.13
101-43100-393
38.1:
CAMAS
GRAVEL 3/16 & 3/23
04/05/97
2426
1,413.19
101-43100-370
1,413.1(
TARGET STORES
MISC. SUPPLIES
04/05/97
2427
16.99
101-43100-220
16.91
BUSINESS RECORDS CORP
SUPPLIES
04/05/97
2428
63.32
101-41400-201
63.3,
ELK RIVER PRINTING & PARTY PLUS
BLDG PERMIT/INSPECTION FORMS
04/05/97
2429
29.82
101-42410-201
29.8,
ELK RIVER GIRLS HOCKEY
REFUND BALANCE OF DAMAGE DEPOSIT
04/05/97
2430
257.12
101-21803-000
400.0(
U.S. WEST COMMUNICATIONS
SERVICE TO 3/22
04/05/97
2438
433.69
101-39500-000
-125.0(
101-21802-000
-17.8E
ECM PUBLISHERS INC
3/19 & 3/26 PRINTING
04/05/97
2431
279.89
101-41400-350
279.8<.
LITTLE FALLS MACHINE
SUPPLIES04/05
04/05/97
2432
73.17
101-43100-220
73.1
VEIT & CO
CRUSHED CONCRETE
04/05/97
2433
356.78
101-43100-370
356.7E
WRIGHT-HENNEPIN CO-OP ELECTRIC ASSN
SERVICETO 3/18
-04/05/97:2434
2441
787.80
605-48000-322
136.0!
UNLIMITED ELECTRIC, INC
SHOWCASE LIGHTING
04/05/97
2442
138.67
101-41940-322
26.6E
STEPHEN CONROY, ATTORNEY
FEBRUARY SERVICES
04/05/97
2443
121.00
101-43200-322
22.6:
101-43200-322 602.4e
ELK RIVER MUNICIPAL UTILITIES SERVICE TO 3/7 04/05/97 2435 824.63 101-41940-322 190.5!
101-43100-322 54.8A
101-43200-322 579.2
LAPLANT SANITATION INC APRIL SERVICE 04/05/97 2436 102.72 101-41940-325 102.7:
MINNEGASCO SERVICE TO 3/27: 04/05/97 2437 473.69 101-43100-322 160.61
101-41940-322
313.0E
U.S. WEST COMMUNICATIONS
SERVICE TO 3/22
04/05/97
2438
433.69
101-41400-320
346.2:
101-43100-320
52.9A
101-45200-320
34.5:
CITY WIDE GARAGE
SUPPLIES04/05
97
597
2439
58.15
101-43100-220
BFI - WOODLAKE SANITATION SERVICE
MARCH SERVICE
04/0
2440
317.50
101-41610-390
317.5(
WRIGHT COUNTY AUDITOR -TREASURER
APRIL PATROLLING
04/05/97
2441
8,395.00
101-42100-390
8,395.0(
UNLIMITED ELECTRIC, INC
SHOWCASE LIGHTING
04/05/97
2442
138.67
101-41940-390
138.6;
STEPHEN CONROY, ATTORNEY
FEBRUARY SERVICES
04/05/97
2443
121.00
101-41700-301
121.0(
DUERRS WATERCARE SERVICE
MARCH SERVICE
04/05/97
2444
24.30
101-43100-203
24.3(
MN STATE TREASURER
SURCHARGE FOR PE 3/31/97
04%05497
2445
481.00
101-21801-000
481.0(
DELUXE BUSINESS FORMS & SUPPLIES
CHECKS
04/05/97
2446
171.67
101-41600-201
171.6;
BEST DISPOSAL SERVICE
APRIL RECYCLING
04/05/97
2447
77.50
101-41610-390
77.Si
CORROW TRUCKING
MARCH RECYCLING
04/05/97
2448
1,272.50
101-41610-390
1,272.54
ELK RIVER FLORAL
FLOWERS
04/05/97
2449
59.75
101-41400-310
59.7!
GARY A. GROEN, CPA
MARCH SERVICES
04/05!,,,,;,;2450
1,137.50
101-41600-390
. (
MURPHY SALES
SANDBAGS
04/05!7<2451
274.94
101-43100-203274.9,
ELAINE BEATTY
MILEAGE,ETC.
04/05/<97'2452
20.88
101-41400-310
11.5E
101-41400-321
g.T
Claims List for Approval
MUNICIr OF CITY
OF OTSEGO
For t, eriod 04/05/97 to
04/05/97
C /97
CLAIM
TOTAL
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIM
NUMBER
AMOUNT
AFFORDABLE SANITATION
MARCH/APRIL RENTAL
04/05/97
2453
213.00
101-45250-410
213.
• NORTHW T ASSOCIATED CONSULTANTS
MARCH SERVICES
04/05/97
2454
4,890.48
701-41570-303
2,097.
101-41570-303
1,843.
101-41570-303
950.
AT & T
SERVICE TO 3/21
04/0 /97
2455
16.14
101-45250-320
5.
101-43100-320
5.
101-41400-320
5.
r
TOTAL FOR MONTH
;�
26,034.40
26,034.
TOTAL YEAR TO DATE
26 ,034 .40
26,034.
k
STATE OF MINNESOTA
SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE
UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES
Grantor Program: Federal Disaster Assistance DR- 1158
9-7-7 EXHIBIT V
R n 0 L Ul Tat N Of N
RESOLUTION AUTHORIZING EXECUTION OF SUB -GRANT AGREEMENT
Be it resolved that
(Name of organization/Local Unit of Government)
enter into a Sub -grant Agreement with the Division of Emergency Management in the Minnesota
Department of Public Safety for the program entitled Infrastructure Program for FEMA 1158 -
DR -MINNESOTA.
Larry Fournier. Mavor is hereby authorized
(Name and Title of authorized official)
to execute and sign such Sub -grant Agreements and amendments as are necessary
to implement the project on behalf of The City of Otsego
(Organization/Local Unit of Government)
I certify that the above resolution was adopted by the
City Council City of OTsego
(Executive Body) (Organization/Local Unit of Government)
on April 14, 1997"
(Date)
SIGNE - X
(Si re) wry Fournier
Mayor
(Title)
April 14, 1997
(Date)
MPS -DEM
February 20, 1997
WITNESSETH:
(Signature) lain Beatt
City Clerk/Zoning Adm.
(Title)
TOTAL FOR MONTH
TOT A1 VFAO 'TA' DATE
10,823.10
10,823.10
9
Claims List
Mi
Approval
For the pe,.od 04/09/97 to
NIGIoni
04/09/97
TTY 4F OTSErO
04/0, J
CLATM
TQTA1
ACCOUNT
ACCOUNT
TO WHOM PAID
FOR WHAT PURPOSE
DATE
NUMBER
CLAIM
NUMBER
AMOUNT
AAKANSON ANDERSON ASSOC INC
MARCH SERVICES
04/09/97
2456
4,419.61
101-41560-302
2,982.11
701-41560-302
1.437.50
_ONG & SONS
MARCH CLEANING SERVICE
04/09/97
2457
681.49
101-41940-389
681.49
)ARLENE SOLBERG
FAMILY FUN DAY AD 'TN SHOPPER
04/49/97
2458
17.50
101-45200-440
17.50
?,^,P�:J1L6 6f1tJ GF -FIG€
MARCH SERUIrEK
04/09/97
2459
5.704 .50
101-41700-301
3,673.50
701-41700-301
2,031.00
TOTAL FOR MONTH
TOT A1 VFAO 'TA' DATE
10,823.10
10,823.10
9