02-09CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2002-09
RESOLUTION ADOPTING AN EXTENSION OF AN INTERIM ORDINANCE
ESTABLISHING A MORATORIUM ON RESIDENTIAL SUBDIVISIONS WITHIN
THE SANITARY SEWER SERVICE DISTRICT OF THE CITY OF OTSEGO AS
SET FORTH IN THE COMPREHENSIVE PLAN AND OFFICIAL MAP.
WHEREAS, the City of Otsego has constructed a wastewater treatment plant which
presently serves portions of Otsego and the City of Dayton; and
WHEREAS, the constructed capacity of the plant allows for a maximum flow of 200,000
gallons per day, with 40,000 gallons per day reserved for the City of Dayton by contract; and
WHEREAS, the City of Otsego has already ordered plans and specifications for and has
ordered expansion of the wastewater treatment plant to a capacity of 400,000 gallons per day,
which is its upper allowable limit under the current permit; and
WHEREAS, the City of Otsego has undergone unprecedented residential development
within the designated sanitary sewer service district within the past two years resulting in
preliminary platting of approximately 1,342 residential units, as set forth in the attached
memo from the City Engineer dated March 7, 2001; and
WHEREAS, the City, through the adopted Comprehensive Plan has indicated that thirty
percent (30%) of available sanitary sewer capacity should be allocated for commercial -
industrial purposes; and
WHEREAS, the number of residential units preliminarily platted meets or exceeds the
capacity reserved for residential use lArithin the sanitary sewer service district; and
WHEREAS, although the City only allocates sanitary sewer capacity upon final plat
approval and upon Developer meeting all conditions of such approval, it is prudent for the
City to halt further applications for residential development within the sanitary sewer district
1
until expansion of the wastewater treatment plant is ordered and appropriate changes, if
necessary, are made to the City's Comprehensive plan and official controls; and
WHEREAS, the City Council has also directed the City Planner to commence studies
regarding needed amendments to the City's Comprehensive Plan; and
WHEREAS, any further allocation of sanitary sewer is dependent upon expansion of the
plant and determinations regarding the allocation of future capacity; and
WHEREAS, the City needs an additional period of time to consider issues related to plant
expansion and possible changes to the City Comprehensive Plan and official controls; and
WHEREAS, the consideration of residential subdivisions within the sanitary sewer service
area during the time period needed to further study these issues may lead to situations where
both the City and Developers expend time and resources upon proposed subdivisions which
will ultimately be determined to be premature; and
WHEREAS, the timing and extent of plant expansion will fundamentally affect the
Comprehensive Plan and official controls: and
WHEREAS, the present Comprehensive Plan sets forth the following policies which indicate
that reevaluation of aspects of the Comprehensive Plan should be initiated at this time:
1. When new or expected development necessitates, impact studies and cost analysis
for public service improvements such as utility extensions or upgrading, fire and police
protection, waste water treatment plant expansion, roadway network
connections/improvements, recreation system elements, and schools shall be initiated.
(Policy Plan, p. 41)
2. A minimum of 30 percent of wastewater treatment plant capacity shall be reserved
for industrial (or commercial) development with a maximum of 60,000 gallons per day
capacity reserved for the forthcoming 20 year planning period (based on initial plant
capacity). (Policy Plan, p. 50)
3. Anticipated and to the extent possible, controlled demand for urban services shall be
regulated to facilitate possible future orderly, fiscally responsible extension of service
systems. (Policy Plan, p. 62)
4. The City shall periodically define the amount, type and rate of growth which must
be absorbed to accommodate sanitary sewer demands. ( Policy Plan, p. 63); and
WHEREAS, the City has received numerous applications for residential development within
2
the established sanitary sewer district within the last two years; and
WHEREAS, at this point in the decision making process City staff find it difficult to give
proper guidance and information to Developers regarding said residential developments
because of the previous and contemplated allocation of sanitary sewer service ; and
WHEREAS, expansion of the wastewater treatment facility will mean the assumption of a
great financial burden by the City, and it is imperative that all available planning controls be
reviewed to assure that development is properly controlled, wastewater treatment capacity
properly allocated and correctly staged; and
WHEREAS, the City needs to continue to consider and process applications for Commercial
and Industrial development because of the crucial need to expand its tax base; and
WHEREAS, while the City has the authority to adopt a moratorium which would affect
those applicants already in process, it desires to allow those applicants already in process or
preliminarily platted to proceed with their applications or to final plat, while preventing
further applications which could potentially affect the City's service delivery capability; and
WHEREAS, the City Council has determined that the present situation requires a temporary
halt to the receipt of applications for and processing of residential subdivisions within the
sanitary sewer district, with those specific exceptions set forth in the Interim Ordinance; and
WHEREAS, said specific exceptions are allowed upon the understanding that the number of
residential units contemplated at time of final plant is substantially similar to the anticipated
residential units as set forth in Exhibits A and B to this Resolution; and
WHEREAS, the Otsego City Council previously adopted Interim Ordinance 2001-02,
effective until March 26, 2002; and
WHEREAS, the City needs additional time to complete expansion of the plant and make
proper revisions to the Comprehensive Plan and official controls.
THEREFORE, BE IT RESOLVED by the City Council of the City of Otsego that said
Council does hereby adopt by this Resolution an Extension of the Interim Ordinance
Establishing A Moratorium On Residential Subdivisions Within Those Areas of the City
Lying Within the Sanitary Sewer Service District As Established In The City's
Comprehensive Plan And Official Map, extending said moratorium an additional eighteen
months unless terminated earlier by Council resolution..
3
ADOPTED by the Otsego City Council this 2 5th day of February, 2002.
IN FAVOR: Mayor Larry Fournier; Councilmembers: Vern Heidner,
Suzanne Ackerman, Virignia Wendel and Jerry Struthers.
OPPOSED: NONE
CITY OF OTSEGO
PKWA—.—p
RE
UNEWra -