BUFFALO CITY COUNCIL AGENDA. Meeting: Monday, May 21, 2018 Place: Buffalo City Center Time: 7:00 p.m.

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1 BUFFALO CITY COUNCIL AGENDA Meeting: Monday, May 21, 2018 Place: Buffalo City Center Time: 7:00 p.m. 1. ANNOUNCEMENTS. At the onset of each meeting the Mayor and Council will make announcements. 2. OPEN FORUM. The purpose of the open forum section of the meeting is to allow citizens to express any needs or concerns that they have to the City Council. We allocate this time toward non-agenda items only. The City Council can then act on the concern or put the item on a future agenda. 3. AGENDA ADDITIONS OR DELETIONS. Most often additions are noted at this time and then heard at the end of the regular agenda. 4. COUNCIL REPORTS AND RECOGNITION. This is the time the Mayor and Council give reports and recognize people or organizations. 5. APPROVAL OF MAY 7 MINUTES, CLAIMS AND PAYROLLS. The Council will review claims and payrolls as well as the prior meeting minutes. A. Approval of Minutes B. Approval of Claims and Payrolls Please Click Here For More Information.

2 Buffalo City Council Agenda May 21, ANNEXATION OF INFILL PROPERTIES. Summary: There are several parcels adjacent the City of Buffalo that are at least 60% surrounded by existing City limits. When the City Council annexed 100% surrounded parcels in 2017, you called for comments to consider annexation of the 60% surrounded parcels. The notice period to comment on the proposed annexations has been completed. The City Council may now proceed with adopting annexation ordinances on these parcels. Recommended Action: It is recommended that the City Council proceed with adoption of Ordinances , and Responsible Person for Report: Assistant Administrator Laureen Bodin Please Click Here For More Information. 7. PUBLIC HEARING PAST DUE ACCOUNTS TO BE CERTIFIED TO THE TAX ROLLS Summary: This is the time to hold a hearing to consider the certification of past due accounts against properties. If certified, these costs will be sent to the County Auditor who will place them against the tax rolls for the specific parcels. The attached list shows the past due accounts at the time notice was sent and we will also provide the Council with the most current past due list at the meeting should any accounts be reduced or paid in full. Recommended Action: After public comments are heard it is recommended the Council adopt a resolution certifying the accounts against the tax rolls. Responsible Person for Report: Assistant Administrator Laureen Bodin Please Click Here For More Information.

3 Buffalo City Council Agenda May 21, PLANNING COMMISSION MATTERS. Summary: Puzzles LLC, Conditional Use Permit, 15 1 st Avenue S, PIDS and WD Partners, Conditional Use Permit, 1315 HIGHWAY 25 N, PID Pfeifer Management PUD, XXXX 6 th Avenue NE, PID TSM Greenbrier LLC, Concept Plan PUD Review, Greenbriar Hills, PIDS , , PAXMAR LLC, Preliminary Plat and Variance, XXXX 4th Street S, PID Recommended Action: Act on Planning Commission recommendations Responsible Person for Report: Council member Eric Anderson Please Click Here For More Information. 9. JET A FUEL AGREEMENT WITH WEST METRO AVIATION. Summary: The Airport Advisory Board recommends entering a lease with West Metro Aviation to provide Jet A fuel for a prospective plane owner requiring Jet A fuel. Recommended Action: Approve lease with West Metro Aviation to provide Jet A fuel. Responsible Person for Report: Administrator Merton Auger and Airport Manager Chris Fredrick. Please Click Here For More Information. 10. APPROVAL OF LICENSE FOR THE OUTSIDE SALE OF FIREWORKS. Summary: TNT Fireworks has submitted an application to allow for the outside sales of fireworks at the Walmart store at 1315 Hwy 25 N. The permit, if approved, would be valid through December 31, 2018, as this is an annual license. Recommended Action: Approve permit contingent on inspection by Fire Chief John Harnois, all other conditions have been met. Responsible Person for Report: Assistant Administrator Laureen Bodin

4 Buffalo City Council Agenda May 21, ACCEPTANCE OF DONATIONS. Summary: Flora Louise Markve $50, Deborah Kadlec $20, Mark & Patty Pokorney $100 Eileen Erickson and Judy Emerick $25, Friends of the Library $250 Community Center Toy Shop Merrill & Maurean Fellger $25.00, Wayne Nelson $20.00, Marysville United Way Fund $300 Recommended Action: Accept Donations with Gratitude. Responsible Person for Report: Assistant Administrator Laureen Bodin 12. HIRING OF POLICE OFFICER. Summary: Interviews have been conducted to fill the vacancy in the Police Department. Recommended Action: It is recommended that the City Council approve a conditional offer to Dominick Belmares for the position of Buffalo Police Officer. Responsible Person for Report: Administrator Merton Auger and Chief of Police Pat Budke. Please Click Here For More Information. 13. PURCHASE OF FIRE TRUCK AND EMERGENCY EQUIPMENT. Summary: The 2018 Capital Improvement Plan called for the acquisition of a fire truck and emergency equipment. Proposal have been submitted by Rosenbauer and Custom Fire. Rosenbauer proposed a Rescue Pumper and Chassis at a total cost of $690,520. Custom Fire s proposal for truck and chassis as well as emergency equipment totaled $685, The purchase was approved during adoption of the 2018 CIP and budget. Recommended Action: The proposal submitted by Custom Fire is less than what was budgeted for its purchase. It is recommended that the City Council award the contract for the truck, chassis and emergency equipment to Custom Fire and to enter into a contract to authorize the vendor to build the fire truck and chassis to supply the Fire Department with this equipment. Responsible Person for Report: Administrator Merton Auger and Fire Chief John Harnois. Please Click Here For More Information.

5 Buffalo City Council Agenda May 21, SANITARY SEWER REPAIRS. Summary: The City received two bids for sanitary sewer repairs in the areas of 2 nd Avenue South and 7 th Street South. These repairs are necessary to repair critical deficiencies in these areas. Funding is available for these repairs from proceeds of the 2017B bond in the budgeted amount of $360,000. Recommended Action: Award bid of to low bidder Michels Corporation of Brownsville, Wisconsin in the amount of $309, Responsible Person for Report: Administrator Merton Auger and Engineer Justin Kannas. Please Click Here For More Information. 15. SERVICE TERRITORY ACQUISITION. Summary: Casey s General Store proposed site at the southeast corner of the intersection of Calder and 20 th Street Northeast has been annexed. With the construction of the development it is appropriate to consider the serving the development with municipal electric. City Staff has held preliminary discussions with Wright Hennepin Cooperative Staff. Recommended Action: It is recommended that the City Council authorize Staff to finalize settlement of utility service territory for the Casey s Store development. Responsible Person for Report: Administrator Merton Auger. 16. ADJOURN TO WORKSHOP. Summary: A workshop is scheduled with the City Council to establish policy on housing for Thursday, May 24th at 5:30 p.m.

6 ORDINANCE NO AN AMENDED ORDINANCE OF THE CITY OF BUFFALO, MINNESOTA ANNEXING LAND LOCATED IN BUFFALO TOWNSHIP, WRIGHT COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES SUBDIVISION 2(1) PERMITTING ANNEXATION BY ORDINANCE FOR CITY OWNED PROPERTY WHEREAS, THE City of Buffalo is the fee owner of certain parcels of real property located in Buffalo Township, all of which are legally described in the Exhibit A attached hereto and incorporated herein, (collectively, the Property ); WHEREAS, said parcels are unincorporated and abut the municipal limits of the City of Buffalo; WHEREAS, one parcel of said property is located within a flood plain or shoreland area and the City s land use controls comply with Minn. St. Chapter 103F; WHEREAS, the City Council of the City of Buffalo held a public hearing on this matter on September 18, 2017 at 7:00 p.m. Written notice of the public hearing was given by certified mail to the Township of Buffalo; and WHEREAS, the provisions of Minnesota Statutes Subd. 13 are not applicable annexations under Subd. 2(1). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUFFALO HEREBY ORDAINS AS FOLLOWS: 1. The City Council hereby determines that the Property as hereinafter described abuts the municipal limits of the City of Buffalo, is owned by the City of Buffalo, and is therefore urban or suburban in character or about to become so.

7 2. None of the Property is now included within the limits of any city, or in any area that has already been designated for orderly annexation pursuant to Minnesota Statute The corporate limits of the City of Buffalo, Minnesota, are hereby extended to include the Property described in Exhibit A attached hereto and incorporated herein by reference. A copy of the corporate boundary map showing the Property to be annexed and its relationship to the corporate boundaries is attached hereto as Exhibit B. 4. That the population of the area legally described and hereby annexed is zero. 5. The parcels are tax exempt and no reimbursement for property taxes is due to Buffalo Township. 6. That pursuant to Minnesota Statutes there are no special assessments or debt incurred by the Town on the subject Property for which reimbursement is required. 7. That the City Administrator of the City of Buffalo is hereby authorized and directed to file a copy of this Ordinance with the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings, the Minnesota Secretary of State, the Wright County Auditor, and the Buffalo Township Clerk. 8. That this Ordinance shall be in full force and effect and final upon the date this Ordinance is approved by the Office of Administrative Hearings.

8 PASSED AND ADOPTED by the City Council of the City of Buffalo, Minnesota, this 21st day of May, Teri Lachermeier, Mayor ATTEST: Merton T. Auger, City Administrator

9 EXHIBIT A AIRPORT PARCELS PID: The East 3/8 of NW ¼ of NW ¼ lying North of the South 453 feet and lying Westerly of a line described as follows: Commencing at the NW corner of the E 3/8 of NW ¼ of NW ¼, thence South along the West line feet to the point of beginning, thence Southerly 8 29'22"Left a distance of feet to the North line of the South 453 feet and there terminating. Section 33, Township 120, Range 25. Acreage:.14 PID: The East 3/8 of NW ¼ of NW ¼ of Section 33, Township 120, Range 25, Wright County, Minnesota lying North of the South 453 feet except that part lying Westerly of a line described as follows: Commencing at the NW corner of the E 3/8 of NW ¼ of NW ¼, thence South along the West line of said East 3/8 of the NW ¼ of NW ¼, a distance of feet to the actual point of beginning of the line to be described, thence Southerly deflecting 8 29'22" left a distance of feet to the North line of said South 453 feet of the NW ¼ of the NW ¼ and there terminating. Also that part of the North 7/10 of the West 5/8 of the NW1/4 of the NW1/4 of Section 33, Township 120, Range 25, Wright County, Minnesota lying easterly of a line drawn southerly from a point on the north Line of said North 7/10 of the West 5/8 of the NW ¼ of the NW ¼ distant feet West of the northeast corner of said North 7/10 of the West 5/8 of the NW ¼ of the NW ¼ distant feet south of the northeast corner of said North 7/10 of the West 5/8 of the NW ¼ of the NW 1/4. Acreage: PID: A tract of land in the SE ¼ of the NW ¼ of Section 33, township 120 North, Range 25 West, Wright County, Minnesota described as follows: The west feet of said SE ¼ of the NW ¼, as measured at a right angle, together with the west feet of the south feet of said SE ¼ of the NW ¼, as measured at right angles. Acreage: 2.00 PID: A tract of land in the East Half of the Southwest Quarter of Section 33, Township 120 North, Range 25 West, Wright County, Minnesota, described as follows:

10 Beginning at the northwest corner of said East Half of the Southwest Quarter, thence on an assumed bearing of South 00 degrees 47 minutes 38 seconds West along the west line of said East Half of the Southwest Quarter, a distance of feet; thence South 89 degrees 18 minutes 41 seconds East a distance of feet; thence South 07 degrees 50 minutes 32 seconds East a distance of feet; thence North 89 degrees 18 minutes 41 seconds West a distance of feet to said west line of the East Half of the Southwest Quarter; thence South 00 degrees 47 minutes 38 seconds West, along said west line a distance of feet to the southwest corner of said East Half of the Southwest Quarter; thence South 89 degrees 58 minutes 13 seconds East, along the south line of said East Half of the Southwest Quarter, a distance of feet to the west line of the east feet, as measured at a right angle, of said East Half of the Southwest Quarter; thence North 00 degrees 35 minutes 55 seconds East, along said west line of the east feet of the East Half of the Southwest Quarter, a distance of feet to the north line of the south feet, as measured at a right angle, of said east Half of the Southwest Quarter; thence South 89 degrees 58 minutes 13 seconds East, parallel with said south line, a distance of feet; thence North 12 degrees 15 minutes 33 seconds East a distance of feet; thence North 01 degrees 02 minutes 46 seconds West a distance of feet; thence South 88 degrees 57 minutes 14 seconds West a distance of feet; thence North 01 degrees 02 minutes 46 seconds West a distance of feet; thence North 72 degrees 53 minutes 22 seconds West a distance of feet; thence North 00 degrees 47 minutes 38 seconds East, parallel with said west line of the East Half of the Southwest Quarter, a distance of feet; thence South 89 degrees 25 minutes 35 seconds East a distance of feet; thence North 00 degrees 47 minutes 38 seconds East, a distance of feet to the north line of said East Half of the Southwest Quarter; thence North 89 degrees 25 minutes 35 seconds West, along said North line, a distance of feet to the point of beginning. Acreage: PID: The West Half of the Southwest Quarter of Section 33, Township 120, Range 25, except the railroad right-of-way and subject to the easements of lands taken by the State of Minnesota for highway purposes, and except therefrom the following: 1. The East 400 feet of the Northwest Quarter of the Southwest Quarter of Section 33, Township 120, Range 25, containing 12.1 acres, more or less. 2. All that part of the West Half of the Southwest Quarter of Section 33 lying South and West of the railroad right-of-way. PID: That part of the E ½ of the SW ¼ of Section 33, township 120, Range 25, Wright County, Minnesota described as follows:

11 Commencing at the Northwest corner of said E ½ of the SW ¼ ; thence South along the West line of said E ½ of SW ¼, a distance of feet to the actual point of beginning; thence East deflecting 90 degrees 06 minutes 19 seconds left, a distance of feet; thence Southerly deflecting 81 degrees 28 minutes 09 seconds right, a distance of feet; thence West deflecting 98 degrees 31 minutes 51 seconds right, a distance of feet to the West line of said E 1/2 of the SW ¼ ; thence North along said West line, a distance of feet to the point of beginning. Acreage: 2.88 TOTAL ACREAGE: 31.98

12 ORDINANCE NO AN ORDINANCE OF THE CITY OF BUFFALO, MINNESOTA ANNEXING LAND LOCATED IN BUFFALO TOWNSHIP, WRIGHT COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES , SUBD. 3 PERMITTING ANNEXATION BY ORDINANCE WHEREAS, the area proposed for annexation is legally described in Exhibit A hereto (the Property ). Said Property is 60% or more bordered by the City of Buffalo and less than 40 acres. WHEREAS, the owners of the Property are as follows: Tract: Property: Owner: Property: Owner: Property: Owner: 220 State Highway 25 NE, PID: (14.97 acres) Zion Evangelical Lutheran Church XXX State Highway 25 NE, PID: (15.06 acres) Andrew J. & Sherilyn Burgdorf XXX State Highway 25 NE, PID: (3.58 acres) MN Department of Transportation Total acreage: acres. WHEREAS, the Property proposed for annexation is not presently within the corporate limits of any incorporated city. The Property is located in Buffalo Township. WHEREAS, the City is authorized to annex by ordinance such areas of land that are 60 percent or more bordered by the municipality and less than 40 acres in size following service of notice of intent to annex upon the town board and the chief administrative law judge; WHEREAS, the Property is unincorporated and abuts the corporate limits of the City of Buffalo, Minnesota, on the City s south side; WHEREAS, the Property is not appropriate for annexation by ordinance pursuant to Minn. Stat , Subd. 2(3); WHEREAS, the Property is not included in any area that has already been designated for orderly annexation pursuant to , nor in any other proceeding currently pending before the Office of Administrative Hearings

13 Municipal Boundary Adjustment Unit; and WHEREAS, the City gave notice of intent to annex by ordinance to the Town of Buffalo and the Chief Administrative Law Judge on or about January 12, 2018 and to the City s knowledge, no objections have been filed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUFFALO HEREBY ORDAINS AS FOLLOWS: 1. The City Council hereby determines that the Property as hereinafter described is 60% surrounded by land within the municipal limits of the City of Buffalo and is therefore urban or suburban in character or about to become so. 2. None of the Property is now included within the limits of any city, or in any area that has already been designated for orderly annexation pursuant to Minnesota Statute The corporate limits of the City of Buffalo, Minnesota, are hereby extended to include the Property described in Exhibit A attached hereto and incorporated herein by reference. The Property consists of a total of acres, more or less. A copy of the corporate boundary map showing the Property to be annexed and its relationship to the corporate boundaries is attached hereto as Exhibit B. 4. That the population of the area legally described and hereby annexed is The Township share of the 2018 property taxes for the Property were in the amount of $ The City of Buffalo, pursuant to Minnesota Statutes , with respect to the property taxes payable on the Property legally described herein, hereby annexed, shall make a cash payment to Buffalo Township in accordance with the following schedule:

14 $ due and payable in 2 equal annual installments to Buffalo Township on or before December 31 of each year 2019 and That pursuant to Minnesota Statutes there are no special assessments or debt incurred by the Town on the subject are for which reimbursement is required. 7. That the City Administrator of the City of Buffalo is hereby authorized and directed to file a copy of this Ordinance with the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings, the Minnesota Secretary of State, the Wright County Auditor, and the Buffalo Township Clerk. 8. That this Ordinance shall be in full force and effect and final upon the date this Ordinance is approved by the Office of Administrative Hearings. PASSED AND ADOPTED by majority vote of the Buffalo City Council this 21st day of May, By: Teri Lachermeier, Its Mayor Merton T. Auger, Its City Administrator

15 EXHIBIT A (Zion Evangelical Lutheran Church) THAT PART OF THE NORTH FEET OF GOVERNMENT LOT 1, SECTION 32, TOWNSHIP 120, RANGE 25, WRIGHT COUNTY, MINNESOTA, THAT LIES EASTERLY OF A LINE RUNNING PARALLEL WITH AND FEET EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SECTION 32 A DISTANCE OF FEET EAST OF THE NORTHWEST CORNER; THENCE RUNNING SOUTHERLY TO A POINT ON THE EAST AND WEST QUARTER LINE OF SECTION 32 A DISTANCE OF FEET EAST OF THE WEST QUARTER CORNER; THENCE CONTINUING SOUTHERLY ALONG THE LAST DESCRIBED COURSE A DISTANCE OF FEET AND THERE TERMINATING (Burgdorf) THAT PART OF GOVERNMENT LOT 1, SECTION 32, TOWNSHIP 120, RANGE 25, WRIGHT COUNTY, MINNESOTA, THAT LIES SOUTH OF THE NORTH FEET THEREOF AND EASTERLY OF A LINE RUNNING PARALLEL WITH AND FEET EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SECTION 32 A DISTANCE OF FEET EAST OF THE NORTHWEST CORNER; THENCE RUNNING SOUTHERLY TO A POINT ON THE EAST AND WEST QUARTER LINE OF SECTION 32 A DISTANCE OF FEET EAST OF THE WEST QUARTER CORNER; THENCE CONTINUING SOUTHERLY ALONG THE LAST DESCRIBED COURSE A DISTANCE OF FEET AND THERE TERMINATING (MNDOT) THAT PART OF GOVERNMENT LOT 1, SECTION 32, TOWNSHIP 12O, RANGE 25, WRIGHT COUNTY, MINNESOTA WHICH LIES WESTERLY OF A LINE RUNNING PARALLEL WITH AND 75 FEET EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SECTION 32 A DISTANCE OF 35.8 FEET EAST OF NORTHWEST CORNER; THENCE RUNNING SOUTHERLY TO A POINT ON THE EAST AND WEST 1/4 LINE OF SECTION 32 A DISTANCE OF 47.3FT EAST OF WEST 1/4 CORNER THENCE CONTINUING SOUTHERLY ALONG THE LAST DESCRIBED COURSE 2800 FEET AND THERE TERMINATING.

16 ORDINANCE NO AN ORDINANCE OF THE CITY OF BUFFALO, MINNESOTA ANNEXING LAND LOCATED IN BUFFALO TOWNSHIP, WRIGHT COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES , SUBD. 3 PERMITTING ANNEXATION BY ORDINANCE WHEREAS, the area proposed for annexation is legally described in Exhibit A hereto (the Property ). Said Property is 60% or more bordered by the City of Buffalo and less than 40 acres. WHEREAS, the owners of the Property are as follows: Property: Owner: Property: Owner: Property: Owner: th St NE, PID: (2.86 acres) Jodi A. & Linda M. Clark th St NE, PID (2.44 acres) Lonnie A. & Vicki L. Riss XXX 20 th St NE, PID (.12 acres) Francis H. & Sharon C. Schmidt Total acreage: 5.42 WHEREAS, the Property proposed for annexation is not presently within the corporate limits of any incorporated city. The Property is located in Buffalo Township. WHEREAS, the City is authorized to annex by ordinance such areas of land that are 60 percent or more bordered by the municipality and less than 40 acres in size following service of notice of intent to annex upon the town board and the chief administrative law judge; WHEREAS, the Property is unincorporated and abuts the corporate limits of the City of Buffalo, Minnesota, on the City s south side; WHEREAS, the Property is not appropriate for annexation by ordinance pursuant to Minn. Stat , Subd. 2(3); WHEREAS, the Property is not included in any area that has already been designated for orderly annexation pursuant to , nor in any other proceeding currently pending before the Office of Administrative Hearings Municipal Boundary Adjustment Unit; and

17 WHEREAS, the City gave notice of intent to annex by ordinance to the Town of Buffalo and the Chief Administrative Law Judge on or about January 12, 2018 and to the City s knowledge, no objections have been filed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUFFALO HEREBY ORDAINS AS FOLLOWS: 1. The City Council hereby determines that the Property as hereinafter described is 60% surrounded by land within the municipal limits of the City of Buffalo and is therefore urban or suburban in character or about to become so. 2. None of the Property is now included within the limits of any city, or in any area that has already been designated for orderly annexation pursuant to Minnesota Statute The corporate limits of the City of Buffalo, Minnesota, are hereby extended to include the Property described in Exhibit A attached hereto and incorporated herein by reference. The Property consists of a total of 5.42 acres, more or less. A copy of the corporate boundary map showing the Property to be annexed and its relationship to the corporate boundaries is attached hereto as Exhibit B. 4. That the population of the area legally described and hereby annexed is The Township share of the 2018 property taxes for the Property were in the amount of $ The City of Buffalo, pursuant to Minnesota Statutes , with respect to the property taxes payable on the Property legally described herein, hereby annexed, shall make a cash payment to Buffalo Township in accordance with the following schedule:

18 $ due and payable in 2 equal annual installments to Buffalo Township on or before December 31 of each year 2019 and That pursuant to Minnesota Statutes there are no special assessments or debt incurred by the Town on the subject are for which reimbursement is required. 7. That the City Administrator of the City of Buffalo is hereby authorized and directed to file a copy of this Ordinance with the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings, the Minnesota Secretary of State, the Wright County Auditor, and the Buffalo Township Clerk. 8. That this Ordinance shall be in full force and effect and final upon the date this Ordinance is approved by the Office of Administrative Hearings. PASSED AND ADOPTED by majority vote of the Buffalo City Council this 21 st day of May, By: Teri Lachermeier, Its Mayor Merton T. Auger, Its City Administrator

19 EXHIBIT A (CLARK) THE EAST FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 120, RANGE 25, WRIGHT COUNTY, MINNESOTA, LYING SOUTHERLY OF A LINE AND ITS EXTENSIONS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE ON AN ASSUMED BEARING OF NORTH 00 DEGREES 19 MINUTES 09 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF FEET TO THE POINT OF BEGINNING OF THE LINE TO BE DESCRIBED; THENCE NORTH 87 DEGREES 57 MINUTES 01 SECONDS WEST A DISTANCE OF FEET TO THE WEST LINE OF SAID EAST FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND SAID LINE THERE TERMINATING (RISS) THE SOUTH FEET OF THE WEST FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 120, RANGE 25, WRIGHT COUNTY, MINNESOTA. EXCEPT THEREFROM: THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 120, RANGE 25, WRIGHT COUNTY, MINNESOTA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE ON AN ASSUMED BEARING OF SOUTH 00 DEGREES 18 MINUTES 09 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 6.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 16 MINUTES 31 SECONDS EAST A DISTNACE OF FEET; THENCE SOUTHERLY TO THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTH 00 DEGREES 18 MINUTES 08 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER TO THE POINT OF BEGINNING (SCHMIDT) THAT PART OF THE SOUTH FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 120, RANGE 25, WRIGHT COUNTY, MINNESOTA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE ON AN ASSUMED BEARING OF SOUTH 00 DEGREES 18 MINUTES 09 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 6.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 16 MINUTES 31 SECONDS EAST A DISTNACE OF FEET; THENCE

20 SOUTHERLY TO THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTH 00 DEGREES 18 MINUTES 08 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER TO THE POINT OF BEGINNING Return to Agenda

21 Past Due Accounts Hearing May 21, 2018 PID ADDRESS AMOUNT DESCRIPTION HWY 25 N $ Hydrant Flush & Finance Charges CR 134 $ Planning Fees & Finance Charges TH St S $ Utilities Douglas Dr $ Utilities Lake Blvd S $ Utilities th Ave S $ Utilities th St NE $ Utilities *Amount plus Interest at 6%. Return to Agenda

22 Planning Commission Minutes May 14, 2018 The Planning Commission of the City of Buffalo held a regular meeting in the City Center on the 14th day of May 2018 at 7:00 p.m., with the following members present: Diane Bjorgum, Bridget Clemons, Steve Cullinan, Tom Salkowski, and Eric Anderson. Also in attendance were Stephen Grittman, Planning and Development Coordinator Jennifer Nash, and Videographer Quincy Kabe. Absent were Paul Olson and Jameson Wakefield. OPEN FORUM No comments were received during this opportunity. APPROVAL OF APRIL 9 PLANNING COMMISSION MINUTES A motion was made by Commissioner Bjorgum and seconded to approve the minutes of the April 9 meeting. All in favor, motion carried. AGENDA ADDITIONS OR DELETIONS There were no additions or deletions. COUNCIL REVIEW Council representative Anderson noted that Council reviewed the concept provided by Roers for senior development. PUBLICE HEARING - PUZZLES LLC, CONDITIONAL USE PERMIT, 15 1 st AVE S, PIDS and Planner Grittman introduced this item. Puzzles LLC has applied for a Conditional Use Permit to locate an entertainment venue within the Lakeview Mall property located at 15 First Ave S. Puzzles has been operating their business out of another location within the B-5 Central Business District since 2016 but is seeking approval to move their venue location instead to Lakeview Mall. Entertainment venues are permitted within the B-5 district following CUP approval. Applicant Sarah Williams spoke about her business and responded to a question regarding the business. The operation would continue in a similar fashion as has been occurring at the prior location. A motion was made by Cullinan and seconded to recommend approval of the CUP as noted in NAC Memorandum, File No: dated May 8, All in favor, motion carried. WD PARTNERS, CONDITIONAL USE PERMIT, 1315 HIGHWAY 25 N, PID Planner Grittman introduced the application. WD Partners has applied for an

23 May 14, 2018 amendment to the Conditional Use Permit in place for the Walmart store in order to allow for installation of canopies, signage and restriping of parking stalls for Online Grocery Pickup customers. The property is located in a B-4 General Business district. Grittman noted that the canopy would be made of a fabric which is a departure from code requirements for roofing materials. He suggested that improvements to posts or ground plain could be made to justify accommodation of the departure within the PUD area. Matt Davis of WD Partners noted that 6 of the 10 spaces would be covered with the fabric. He noted they would be willing to add split face block with capstone to the posts in order to match the building and add to the appearance of the new accessory structure. They would also be willing to add landscaping. Commissioner Clemons asked about signage and Davis spoke about painted spaces and signs designating spaces by number at the front of the space. Cullinan asked what the purpose of the canopies are and Davis noted the canopies provide protection from weather elements. Bonnie Elfman asked where the groceries would come out of the building. Davis noted an existing door on the south end of the building would be utilized and additional signage would be placed on the building noting this. A motion was made by Chair Salkowski and seconded to recommend approval to the Council as recommended in NAC Memorandum, File No: dated May 8, 2018, and including landscaping and material upgrades noted by the applicant. All in favor, motion carried. PFEIFER MANAGEMENT, PUD, XXXX 6 th AVE NE, PID Planner Grittman introduced this application. Pfeifer Management has applied for a planned unit development to construct two eight-unit apartment buildings on the parcel with a central two-sided accessory garage structure and surface parking. The applicant is seeking development stage and final PUD approval. Flexibility the applicant is seeking includes allowing for two primary structures rather than one and 5-foot variance from setbacks on the front, rear and south sides. Grittman noted the city engineer has reviewed stormwater plans and made recommendations to help with stormwater concerns in the area. Salkowski suggested the front setback be required to meet the 30 foot setback

24 May 14, 2018 requirement rather than allowing for the 5 foot variance. Cullinan asked for an explanation of what is meant by reinforced turf in the engineer s report. Anderson noted that the Fire Chief has requested additional turnaround area on the northeast side of the parking lot to allow for trucks to turn around and the turf would be associated with this need. Applicant Pfeifer noted the wider parking areas are intended to allow for easier turning movements for seniors who are anticipated to utilize this housing. Clemons asked if dumpsters had been considered versus individual carts. Pfeifer noted the carts would be kept in garages and brought out to an area on the north side of the lot on garbage day. Cullinan asked if Pfeifer has worked with the neighbors since feedback received at the concept review. Pfeifer noted he has been working with the neighbor to the north and that stormwater concerns are being addressed by the stormwater plan that the engineer has reviewed. Salkowski asked if the applicant would be willing to add additional landscaping as recommended. Pfeifer noted he would be amenable. Doug Erickson noted that he lives on Buffalo Hills Street and he has concerns about additional stormwater and snow storage in the neighborhood as it is already a wet area. Pfeifer stated his property is downhill from these properties and that stormwater from the site will be brought directly into the stormwater utility at the street. Ben Dickson, neighbor to the south of the property, expressed concerns about clearing of the trees that were on the parcel. He also expressed concerns about water that runs along the east side of his property and behind the townhomes to the east. Grittman responded that the engineer has noted that stormwater to the south of the applicant s property will be reduced with this development. He also noted that tree replacement in the city code is required only if cleared outside the buildable area of a lot, and that areas outside the buildable area are included in the landscaping recommendation from staff. A motion was made by Cullinan and seconded to recommend approval of the PUD with conditions as noted in NAC Memorandum, File No: dated May 8, 2018 and the BMI Memorandum dated May 8, All in favor, motion carried. TSM GREENBRIER LLC, CONCEPT PLAN PUD REVIEW, GREENBRIAR HILLS, PIDS , ,

25 May 14, 2018 Planner Grittman introduced this item. TSM Greenbrier LLC has submitted a concept plan for a proposed neighborhood to be called Greenbriar Hills. The concept includes approximately 98 acres on the northeast side of town along Dague Ave with 216 housing units. TSM Greenbrier has also submitted a petition to the City for annexation of the parcels for residential development. Grittman noted that the area is guided in the comprehensive plan as low density residential up to 3 units per acre. The gross density on the proposed development is about 2.2 units per acre. The type of housing proposed as detached single family also would meet the guidance of the comprehensive plan for this area. The proposed development would connect Copper Creek Trail, Buffalo Ridge Drive and Greenbriar Lane to the east to Dague Ave. Salkowski asked if the property is annexed. Nash noted that the City has received a petition for annexation and the public hearing is set to occur on June 18 th. Grittman noted that review of a proposed development would help the City determine whether it wanted to annex the property as requested. Applicant representative Don Jensen introduced planner Rick Harrison. Jensen noted that connectivity and an extensive trail system and park amenities are core components of their proposed design. Jensen also noted that the northern area off of Copper Creek Trail may be proposed as the first phase of the development due to engineering considerations. Harrison described how this neighborhood looks at merging planning and architecture to design a preferred place to live. Units would be proposed to be staggered and views are considered in design. He also introduced the idea of architectural shaping that designs interiors to maximize flow, reduce waste with hallway space and make the buildings more appealing from the street. Harrison stated the trails were designed first, then streets that maintain flow, then homes settings, then terrain, then service lines, and then finally lot lines. He noted that the phases have shifted a bit since the submission with larger lots now at the north end of the development and other elements also shifted around within the proposed development. Harrison noted that they are requesting a 50 foot wide right-of-way area with 28 feet of pavement and he noted several neighborhoods in the Twin Cities metro area where 50 foot right-of-ways have been permitted. He believes the proposed development meets the standards of PUD approval. Salkowski asked how density is measured. Grittman noted that initially the density has been calculated based on gross density as buildable area is not

26 May 14, 2018 known yet. Net density will be calculated later once wetlands and other factors have been determined. Salkowski asked how the specific plans for the neighborhood would be monitored. Jensen noted there is not one builder yet, but that this is a consideration the developer will be looking at as the project progresses. Salkowski asked how close houses would be to each other. Harrison stated the closest the homes would be to each other would be ten feet at corners of some buildings where there are no windows. Clemons asked what the average value of the homes are proposed to be. Jensen noted that development costs anywhere are more expensive than existing neighborhoods were when they were built. He stated the high $200,000s may be the low end and prices would likely go up from there. Cullinan asked for an explanation of what the different styles of homes will look like. Harrison noted there would be architectural controls, unit mix will include some buildings of 1700 sq ft with oversized two car garages, 2400 sq ft single story units with oversized garages and other buildings including larger footprint single family homes among the designs. Salkowski noted he is not a fan of private streets and that he is skeptical of narrowing streets. Lisa Jensen lives on Greebriar Lane and would like for Greenbriar to remain a dead end road. She is also concerned about potential runoff into the pond area from the proposed new homes. An additional concern is improvements that will be required on Dague Ave. Grittman noted that Dague is currently a township road but the City would take over maintenance and improvements as would be required. The engineer also notes improvements will be needed on Dague. Terry Jensen owns a house on the end of Greenbriar and states he is opposed to a trail going through behind his house. Jamie Wittke lives on Greenbriar Lane and stated many children live on this street. She is concerned about the safety of children who may be on bikes in the street. She would like the open space after the dead end to remain open. She asked what the timeline for construction might be. Jensen noted that the developer hopes to start building some units this fall with units progressing out through potentially several years to full buildout.

27 May 14, 2018 Anderson asked whether the park board would be reviewing trail and park needs in this area. Grittman noted that the park board will be reviewing and advising on expectations. Grittman noted that this is concept review and further meetings and review will occur in coming months. PAXMAR LLC, PRELIMINARY PLAT AND VARIANCE, XXXX 4TH ST S, PID Planner Grittman introduced this item. Paxmar LLC has applied for Preliminary Plat for a 20-lot subdivision to be called Buffalo Pass Second Addition. A variance is also being requested to permit a 20 foot setback from a wetland rather than 30 feet on one of the lots. The property was approved for R-3 Single and Two Family zoning earlier in Grittman noted the lots along the north side of 4 th St appear to be less than the minimum 60 foot required width in the R-3 zone, so verification of lot width would be required. Grittman also noted concerns with width requirements of a corner lot not meeting minimum width requirement, lots not being radial to the proposed cul-de-sac, parkland proposed that is not desired by the park board and the street design being cul-de-sac rather than through street. Kent Roessler of Paxmar noted the wetlands on the south end of the parcel are larger than were anticipated and it would be difficult and expensive to try to get a street through. He instead proposed that 8 th Ave S would make a better through street to the property to the south. He believes the north lots can be demonstrated to meet the minimum 60 foot lot width. Roessler noted he proposes to pay the assessments on the parcel and park dedication fees and could extend lot lines to the south so an outlot would not be left. He would like to maintain a cul-de-sac design as proposed and keep the 60 foot width on the west corner lot of 4 th St S and the proposed Willow Creek Parkway. He asked for consideration in order to make it possible to develop the property. Salkowski asked if the Planning Commission can act on the variances requested by the developer as they haven t all been noticed. Grittman noted that the Commission could table action and notice for variances, approve with recommended changes or recommend denial at this meeting. Roessler stated he wasn t aware of the additional variances that he is now being advised he will need. He noted he would be interested in the Commission tabling action so he can resolve.

28 May 14, 2018 A motion was made by Bjorgum and seconded to table action to allow the applicant to review and consider changes as proposed and at the request of the applicant. Salkowski and Cullinan noted they would like to see a through street in a future proposal. Vote on motion was made, all in favor, motion carried. ADJOURN Commissioner Cullinan moved for adjournment at 9:57 p.m. The motion was seconded. All voted in favor, motion carried. Return to Agenda Chairperson Planning and Development Coordinator

29 JET A FUEL TRUCK LICENSE AGREEMENT This contract (the Agreement ) is made and entered into this day of May, 2018, between the City of Buffalo, a Minnesota municipal corporation (the City ), and West Metro Aviation, LLC, a Minnesota limited liability company (the Licensee ), (collectively, the Parties ). RECITALS: a. The City is the owner of the Buffalo Airport; b. The Licensee is a tenant at the Buffalo Airport; c. The Licensee desires to locate and maintain a fuel tanker truck filled with Jet A Fuel at the Buffalo Airport for the purpose of providing for its own jet fuel needs and selling to other tenants or users of the Buffalo Airport; d. The City is agreeable to this arrangement subject to the following terms and conditions. NOW, THEREFORE, based upon the above recitals and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. Scope of License. The Licensee agrees to purchase at its sole cost and expense a fuel tanker truck suitable for storing and dispensing Jet A Fuel. The City agrees that Licensee may enter upon the Buffalo Airport for the purpose of storing and dispensing Jet A Fuel. The Licensee is responsible for maintaining the truck and all appurtenant equipment in good and safe condition. Licensee agrees to comply with all federal, state, and local laws and ordinances applicable to the inspecting, filling, driving, operating the tanker truck and dispensing fuel therefrom, including all safety standards, including, but not limited to National Fire Protection Guidelines 407 and all FAA testing and certification guidelines. Licensee shall equip the tanker truck with a spill containment kit. The Licensee shall be solely and completely responsible for conditions of any location within the airport where the tanker truck is operating, including the safety of all persons and property during the performance of the services. The Licensee represents and warrants that all operators of the tanker truck will have the requisite training, skills, and experience necessary to provide the services and shall be appropriately licensed by all applicable agencies and governmental entities prior to performing such services. The Licensee shall comply with MN Weights and Measures requirements to have the pump checked bi-annually. The Licensee shall provide the City with access to all business records pertaining to the maintenance and operation of the tanker truck, and the amount of fuel being pumped, and to the 1

30 safety training records of all operators of the tanker truck. Said records shall be made available to the City within two (2) business days of the City s request. When not providing mobile fueling, the tanker truck shall be located in the storage spot designated by the City from time to time. The Licensee shall be responsible for containing and environmental cleanup of any contamination from a release of Jet A Fuel from the tanker truck, as well as any personal injury or property damage that might occur as a result of Licensee s operating of the tanker truck. The Licensee shall notify the City of Buffalo Fire Department immediately in the event of a release. The Licensee may sell fuel during the following hours: a.m. to p.m. daily. 2. Compensation. As compensation for the grant of the license, the Licensee shall pay to the City a flowage fee of cents per gallon. The Licensee s sole compensation under this agreement will be from the sale of fuel to other tenant and users of the Buffalo Airport. The City will not provide any compensation to the Licensee. The Licensee shall be free to establish its own price for the sale of Jet A Fuel. The City makes no warranty that the Licensee shall be able to recoup the cost of Licensee s investment in the tanker truck and Licensee makes such investment at its own risk. 3. Term. This Agreement shall continue in effect for an initial period of years from the date of execution by the City. Thereafter the agreement shall continue in full force and effect unless and until the City determines to dispense Jet A Fuel at the Buffalo Airport and provides written notice of termination. Said notice will be effective 12 months from the date notice is given at which time, the Licensee shall cease the sale of Jet A Fuel. The City may terminate this Agreement at any time for Licensee s failure to abide by any of the requirements of this Agreement. The City shall give written notice to the Licensee of the specific default. After such notice, the Licensee shall have ten (10) days to cure, to the satisfaction of the City. If the Licensee fails to cure, the City shall send the Licensee a written termination letter which shall be effective upon deposit in the United States mail to the Licensee s address as stated in Paragraph 8F. Upon termination for any reason, the City shall be under no obligation to purchase any remaining Jet A Fuel from Licensee. 4. Independent Contractor Relationship. It is expressly understood that the Licensee is an independent contractor and not an employee of the City. The Licensee shall have control over the manner in which the services are performed under this Agreement. The Licensee shall supply, at its own expense, all materials, supplies, equipment and tools required to accomplish the work contemplated by this Agreement. The Licensee shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick and vacation leave, workers compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. Licensee may not hold itself out to be providing services on behalf of or as an agent for the City of Buffalo. 2

31 5. Insurance Requirements. A. Liability. The Licensee agrees to maintain commercial general liability insurance in a minimum amount of $2,000,000 per occurrence; $5,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products-completed operations, personal injury, advertising injury, and contractually assumed liability. The City shall be named as an additional insured. The policy limits may be met by a combination of primary policy and excess/umbrella policy. B. Automobile Liability. If the Licensee operates a motor vehicle in performing the services under this Agreement, the Licensee shall maintain commercial automobile liability insurance, including owned, hired, and non-owned automobiles, with a minimum liability limit of $1,000,000, combined single limit. C. Workers Compensation. The Licensee agrees to comply with all applicable workers compensation laws in Minnesota. D. Certificate of Insurance. The Licensee shall, prior to commencing services, deliver to the City a Certificate of Insurance as evidence that the above coverages are in full force and effect. 6. Indemnification. To the fullest extent permitted by law, the Licensee agrees to defend, indemnify and hold harmless the City, and its employees, officials, volunteers and agents from and against all claims, actions, damages, losses and expenses, including attorney fees, arising out of the Licensee s negligence or the Licensee s performance or failure to perform its obligations under this Agreement. The Licensee s indemnification obligation shall apply to the Licensee s subcontractor(s), or anyone directly or indirectly employed or hired by the Licensee, or anyone for whose acts the Licensee may be liable. The Licensee agrees this indemnity obligation shall survive the completion or termination of this Agreement. 7. Dispute Resolution. The Parties shall cooperate and use their best efforts to ensure that the various provisions of the Agreement are fulfilled. The Parties agree to act in good faith to undertake resolution of disputes, in an equitable and timely manner and in accordance with the provisions of this Agreement. If disputes cannot be resolved informally by the Parties, the following procedures shall be used: A. Whenever there is a failure between the Parties to resolve a dispute on their own, the Parties shall first attempt to mediate the dispute. The parties shall agree upon a mediator, or if they cannot agree, shall obtain a list of court-approved mediators from the Wright County District Court Administrator and select a mediator by alternately striking names until one remains. The City shall strike the first name followed by the Licensee, and shall continue in that order until one name remains. B. Litigation. If the dispute is not resolved within thirty (30) days after the end of mediation proceedings, the Parties may litigate the matter. 3