4.2 Wright-Hennepin Cooperative Electric Substation
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Planning City Planner Licht 22 January 2024
PRESENTER(s) REVIEWED BY: ITEM #:
City Planner Licht City Administrator/Finance Director Flaherty
City Engineer Wagner
4.2 – Wright Hennepin
Cooperative Electric Substation
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative communication.
X Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and expectations in a
cost-effective manner.
X Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends the City Council approve a Zoning Map amendment, preliminary and final plat, a Conditional Use
Permit, and an Encroachment Agreement.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes Yes, and was held by Planning Commission 2 January 2024.
BACKGROUND/JUSTIFICATION:
Wright Hennepin Cooperative Electric Association (Wright-Hennepin) is proposing development of an electric substation
south of 95th Street (CSAH 39) and west of Mason Avenue to serve existing and future electric service needs in Otsego.
The proposed development requires consideration of a Zoning Map amendment zoning the substation site to INS,
Institutional District; a Conditional Use Permit for an essential service use within the INS District and reduction in
required minimum lot area and minimum lot width; and a preliminary and final plat to subdivide the proposed substation
lot and dedicate right-of-way for future MacIver Avenue.
A public hearing to consider the applications was held by the Planning Commission meeting on 2 January 2024. One
resident, who owns property to the east and whose house is approximately one-half mile from the proposed substation,
expressed general concerns and opposition to the proposed substation. The public hearing was closed. The Planning
Commission discussed the proposed facility relative to similar facilities within the City and potential impacts to
surrounding properties. Following this discussion, the Planning Commission voted 5-0 to recommend approval of the
applications.
Section 11-4-5 of the Zoning Ordinance establishes that Conditional Use Permits expire within one year if not utilized.
Because of the lead times involved with procurement of the equipment for the electric substation, Wright-Hennepin
indicates that the substation will not be completed for several years. City staff has added a condition to the approval
extending the termination of the Conditional Use Permit if to 31 December 2033 to allow for completion of the project as
intended and to accommodate and additional unforeseen delays.
SUPPORTING DOCUMENTS ATTACHED:
• Planning Report dated 27 December 2023
• Findings of Fact and Decision; Zoning Map amendment
• Ordinance 2024-02
• Findings of Fact and Decision; Conditional Use Permit & Plat
• Resolution 2024-16 approving an encroachment agreement
• Encroachment Agreement
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to adopt Ordinance 2024-02 amending the Zoning Map; approve a preliminary and final plat and Conditional
Use Permit for MacIver Substation subject to the conditions as stated on the Findings of Fact and Decision as
presented; and adopt Resolution 2024-16 approving an encroachment agreement.
BUDGET INFORMATION
FUNDING: BUDGETED:
Fund 701 – Development Escrows
N/A
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
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PLANNING REPORT
TO: Otsego Planning Commission
FROM: D. Daniel Licht
REPORT DATE: 27 December 2023
120-DAY DATE: 14 February 2024
RE: Otsego: Wright-Hennepin MacIver Substation
TPC FILE: 101.02
BACKGROUND
Wright Hennepin Cooperative Electric Association (Wright-Hennepin) is proposing development
of an electric substation south of 95th Street (CSAH 39) and west of Mason Avenue to serve
existing and future electric service needs in Otsego. The proposed development requires
consideration of a Zoning Map amendment zoning the substation site to INS, Institutional
District; a Conditional Use Permit for an essential service use within the INS District and
reduction in required minimum lot area and minimum lot width; and a preliminary and final
plat to subdivide the proposed substation lot and dedicate right-of-way for future MacIver
Avenue. A public hearing to consider the applications has been noticed for the Planning
Commission meeting on Tuesday, 2 January 2024 at 7:00PM
Exhibits:
Site Location Map
Urban Service Area Staging Plan Map
Future Land Use Plan Map
Transportation Plan Map
Civil plans dated 12-11-23 (12 sheets)
Foundation Plan dated 10/3/2023 (2 sheets)
Substation profile dated 12/27/2023
Switchgear Layout dated 10/3/2023
Item 3.1
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ANALYSIS
Existing Conditions. The subject site consists of portions of three existing parcels. The
northern most existing parcel is 6.0 acres in area and developed with a single family dwelling
and detached accessory buildings. The two south existing parcels are under common
ownership and are 74.7 acres in area, which are cultivated for agricultural purposes.
Proposed Use. The proposed electric substation is to be located on a 4.13 acre lot subdivided
at the northwest corner of the southern most existing parcel underlying an existing east-west
electric transmission line. Service lines will be extended underground north and south of the
substation to connect to Wright-Hennepin’s existing distribution system. The proposed
development also includes dedication of 3.64 acres of right-of-way from the three existing
parcels for future MacIver Avenue from the south line of the proposed lot to 95th Street (CSAH
39).
Comprehensive Plan. The 2023 Comprehensive Plan guides the subject site for future Low
Density Residential land uses at such time as City sewer and water utilities are available to the
area. The subject site is located within Urban Service Expansion Area W1, which will not be
extended City utilities until the existing available land within the West Sewer District is almost
fully developed and a lift station is constructed near Mason Avenue and 87th Street to serve
Area W1. City staff estimates City sewer and water utilities will not be extended to Area W1 for
at least 10 years based on the amount of developable land within the current West Sewer
District and the estimated pace of development. Until City sewer and water utilities are
available, the Interim Land Use Plan policies of the 2023 Comprehensive Plan guides the area
for continued rural uses.
Zoning. The proposed electric substation is defined by the Zoning Ordinance as an essential
service regulated by Chapter 32 of the Zoning Ordinance. Electric substations are allowed in all
zoning districts as a conditional use by Section 11-32-5.A of the Zoning Ordinance. Conditional
uses require Wright-Hennepin to comply with performance standards and criteria established
by the Zoning Ordinance If a developer demonstrates to the satisfaction of the City that the
proposed use is consistent with the requirements and criteria of the Zoning Ordinance, there is
an expectation that the City must approve their request.
The subject site is zoned A1, Agriculture Rural Service District. The developer is requesting
amendment of the Zoning Map to zone the proposed electric substation lot to INS, Institutional
District. The intent of the INS District is to provide a specific zoning district for facilities devoted
to serving the public and essential services such as the proposed electric substation are
incidental to and required by the existing development and planned growth occurring within
the City. Rezoning to INS District is also necessary to allow for development of the proposed lot
without minimum frontage to an improved public street and for lot area, width, and depth
dimensions only to the extent needed for the electric substation facility.
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Surrounding Land Uses. The subject site is surrounded by the following existing/planned uses:
Direction Land Use Plan Zoning Map Existing Use
North LD Residential A-1 District Cultivated field
Rural single family
East LD (LL) Residential A-1 District Cultivated field
Rural single family
South LD Residential A-1 District Cultivated field
West LD Residential A-1 District Cultivated field
The area where the electric substation is to be located is generally isolated from existing uses
surrounding the subject site by cultivated fields. There are existing stands of trees to the east
and south of the proposed electric substation and additional plantings will be installed upon the
subject site with development. Wright-Hennepin provided the following area map illustrating
the distances from the proposed electric substation to surrounding rural single family homes,
with all at least one-quarter of a mile away.
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Lot Requirements. Section 11-90-7 of the Zoning Ordinance requires lots within the INS District
to be a minimum of five acres in area unless reduced by approval of a Conditional Use Permit to
allow for efficiency in the development of essential services. The proposed lot is 4.13 acres in
area.
Section 11-32-5.B of the Zoning Ordinance allows the minimum lot area requirements for an
essential service to be reduced by Conditional Use Permit provided that lot is of sufficient
dimensions to allow the setbacks from all property lines to be equal to the height of the various
structures on the parcel or the setback requirements of the district, whichever are greater.
Lesser structure setbacks may be allowed by the City Council upon demonstration that the
facility's design is such that the collapse of said structure will not endanger surrounding
property.
Section 11-90-7 of the Zoning Ordinance requires a minimum 50 foot setback for essential
services uses from the perimeter of the lot on which it is located. The fence enclosing the
electric substation facility is setback 80 feet from the MacIver Avenue right-of-way, 180 feet
from the north lot line, 80 feet from the east lot line, and 127 feet from the south lot line.
The area and dimensions of the proposed lot and setbacks of the electric substation comply
with the provisions of the INS District and reductions allowed for essential services by
Conditional Use Permit.
Right-of-Way. The 2023 Comprehensive Plan includes a Transportation Plan that establishes a
network of existing and future arterial and collector streets for efficient movement of traffic
within the City. The Transportation Plan designates MacIver Avenue as a residential collector
street between 60th Street (CR 137) and 95th Street (CSAH 39) to move traffic from adjacent
development, including existing and future residential development, Prairie View Elementary
School, and Prairie View Middle School, north-south to connect to minor arterial roadways and
regional transportation corridors. MacIver Avenue has been constructed between 60th Street
(CR 137) and 85th Street with future construction to occur between 85th Street and 95th Street
(CSAH 39) as conditions warrant and funding is available in accordance with the City’s Capital
Improvement Plan.
The proposed development includes dedication of 1,780.96 feet of right-of-way between the
south line of the substation lot and 95th Street (CSAH 39) for future MacIver Avenue. The
proposed right-of-way is 80 feet in width consistent with the City’s requirements for an
Municipal State Aid Collector Street. The preliminary plat also includes dedication of 75 feet of
right-of-way for the south half of future 95th Street (CSAH 39) as a minor arterial roadway
designated by the Wright County Transportation Plan with additional right-of-way as needed to
allow for construction of a future roundabout at the intersection of 95th Street (CSAH 39) and
MacIver Avenue. Right-of-way dedication for MacIver Avenue is subject to review and approval
of the City Engineer and right-of-way dedication for 95th Street (CSAH 39) is subject to review
and approval of the Wright County Engineer.
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Until the City constructs MacIver Avenue as a public street, Wright-Hennepin proposes to utilize
a 20 foot wide gravel private drive within the right-of-way for access to the electric substation.
Locating the private driveway within the MacIver Avenue right-of-way will require execution of
an encroachment agreement between Wright-Hennepin and the City to address allowed
access, construction and maintenance of the private drive, and future removal of the private
drive for public street construction.
The electric service lines within the right-of-way will be installed along the west edge. Because
extensive grading will be needed for construction of future MacIver Avenue to meet design
requirements, relocation of the electric service lines is likely necessary. In consideration of the
full-width of the right-of-way needed for MacIver Avenue being dedicated with the proposed
substation, the City will agree as part of the encroachment agreement to be responsible for the
cost of relocating the electric service lines in the future when the public street is constructed.
The encroachment agreement will allow access to utilize the private driveway for the abutting
properties from which the right-of-way is being dedicated. The south property owner has
requested consideration of a gate to prevent access to the private drive, which may be
beneficial from a public safety perspective. Installation of a gate is to be subject to further
discussion by the City, Wright-Hennepin, and the involved property owners.
Off-Street Parking. Section 11-32-4.D. 2 of the Zoning Ordinance requires provision of off-
street parking for vehicles anticipated to be at the electric substation, which is anticipated to be
limited to occasional service vehicles. There is sufficient space within the site outside of the
MacIver Avenue right-of-way and within the gated area to accommodate necessary vehicle
parking. Section 11-21-7.C of the Zoning Ordinance allows gravel surfaced parking areas and
driveways for essential services.
Structures. The electric substation facility consists of a 566.25 square foot enclosure for
switchgear that is 14 feet in height with slab mounted transformer(s) and other equipment
under 20 feet in height. There are two 59 foot poles at the east and west sides of the facility
for connections to the overhead transmission lines to the north and to service lines in MacIver
Avenue right-of-way.
Fence. The proposed substation is to be surrounded by a seven-foot chain link fence with one-
foot of barbed wire above, which is allowed by Section 11-19-4.H.3.d of the Zoning Ordinance.
The proposed fence complies with the requirements of Section 11-19-4.H of the Zoning
Ordinance.
Exterior Lighting. The foundation plans indicate that two security lights are to be installed at
the northwest and southwest corners of the substation fence perimeter. The proposed light
fixtures must comply with the provisions of Section 11-16-6 of the Zoning Ordinance including
not being mounted higher than 25 feet, providing a 90 degree horizonal shield, and to not cast
light at more than 0.4 foot-candles to adjacent properties. Installation of exterior lighting is to
be subject to review and approval of the Zoning Administrator.
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Screening. Section 11-32-4.D of the Zoning Ordinance requires that essential services be
screened from view of adjacent properties as provided for by Chapter 19 of the Zoning
Ordinance.
Wright-Hennepin has submitted a landscaping plan to install a mix of coniferous and deciduous
trees upon a four foot high berm to the south and east of the proposed substation. Installation
of trees north of the substation would interfere with the existing east-west overhead
transmission lines and screening west of the substation abuts future MacIver Avenue where the
service lines are to be installed.
The proposed deciduous trees are to be 2 inches in diameter as required by Section 11-19-2 of
the Zoning Ordinance. The planting schedule must be revised to specify the deciduous trees to
be eight feet in height as required by Section 11-19-3 of the Zoning Ordinance. Planting these
trees now to allow them to mature in advance of planned Low Density Residential development
surrounding the subject site will ensure plantings will provide an effective screen of the site as
required by the Zoning Ordinance.
Existing vegetation to the east and south of the proposed electric substation provides
additional screening. There is a wind-row of trees along the west side of the MacIver Avenue
right-of-way north of Lot 1, Block 1 to 95th Street (CSAH 39). Removal of these trees may be
necessary for construction of the private drive and will be required for future construction of
MacIver Avenue. City staff will work with Wright-Hennepin to preserve the existing trees to the
extent possible for now.
Grading. Wright-Hennepin has submitted grading, drainage, and erosion control plans for the
proposed development. All grading and stormwater management issues are to be subject to
review and approval of the City Engineer.
Utilities. The proposed electric substation does not require availability of sewer or water
utilities.
Easements. Section 11-7-15 of the Subdivision Ordinance requires dedication of drainage and
utility easements at the perimeter of platted lots. The preliminary plat illustrates the required
dedication of a 10 foot wide drainage and utility easement at the perimeter of Lot 1, Block 1.
The stormwater basins required for the proposed private driveway are within the MacIver
Avenue right-of-way. All easements shall be subject to review and approval of the City
Engineer.
Park Dedication. Subdivision of the proposed lot would typically trigger park dedication
requirements as provided for by Section 10-7-18 of the Subdivision Ordinance. However, the
City does not require park dedication for essential service uses. No park dedication is to be
required for the proposed subdivision.
7
Development Contract. The proposed electric substation does not require installation of City
infrastructure and the only security needs would be for the proposed landscaping. The need
for a Development Contract beyond the provisions of an encroachment agreement will be
subject to review by City staff prior to consideration of the application by the City Council.
Criteria. Applications for Zoning Map amendments and conditional use permits are to be
considered based upon, but not limited to, the following criteria established by the Zoning
Ordinance:
1. The proposed action's consistency with the specific policies and provisions of the Otsego
Comprehensive Plan.
Comment: The 2023 Comprehensive Plan recognizes that planning for utility services,
whether City facilities such as sewer and water or private utilities such as electric, gas,
phone, cable, etc., are a core component of future development. These essential services
are needed to support existing development and planned future uses guided by the
Comprehensive Plan as part of the City’s growth management policies. The proposed
development of an electric substation to serve the West Sewer District and other areas
of Otsego is consistent with the policies of the Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses of the area.
Comment: The proposed electric substation is to be constructed in a rural area isolated
from existing residential uses. The timeframe between construction of the electric
substation and future development guided by the 2023 Comprehensive Plan is such that
proposed landscaping will mature to provide effective screening mitigating potential
combability issues.
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Comment: The proposed subdivision and construction of an electric substation will
comply with all requirements of the Subdivision Ordinance, Zoning Ordinance, and
Engineering Manual.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Comment: The proposed electric substation will be accessed via a private driveway to
95th Street (CSAH 39) until such time as MacIver Avenue is constructed as a public
residential collector street. Both existing 95th Street (CSAH 39) and future MacIver
Avenue have or will have the capacity to accommodate the minimal traffic generated by
the proposed electric substation.
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5. The proposed use can be accommodated by existing public services and facilities and
will not overburden the City's service capacity.
Comment: The proposed use is will provide necessary service capacity for existing land
uses and future development as guided by the 2023 Comprehensive Plan.
RECOMMENDATION
The proposed construction of an electric substation is advance planning for providing needed
essential services to existing properties and future development within Otsego consistent with
the policies of the 2023 Comprehensive Plan. The proposed site of the substation provides an
ideal location to separate the use from existing residential uses while allowing screening to
mature to ensure compatibility with future development. The proposed electric substation use
meets the performance standards for essential services established by the Zoning Ordinance.
Our office recommends approval of the applications subject to the conditions as set forth
below.
POSSIBLE ACTIONS
A. Motion to recommend approval of a Zoning Map amendment, Conditional Use Permit,
and Preliminary Plat for Wright-Hennepin MacIver Substation, subject to the following
conditions:
1. The site and building shall be developed in accordance with the plans on file with
the City as provided for by Section 11-9-4 of the Zoning Ordinance and the
conditions set forth herein.
2. Right-of-way dedication for MacIver Avenue shall be subject to review and
approval of the City Engineer.
3. Right-of-way dedication for 95th Street (CSAH 39) shall be subject to review by
the City Engineer and approval of Wright County.
4. Wright Hennepin Cooperative Electric Association shall execute an
encroachment agreement with the City for access, construction, maintenance,
and removal of a private driveway within the MacIver Avenue right-of-way.
5. All exterior lighting shall comply with Section 11-16-6 of the Zoning Ordinance,
subject to review and approval of the Zoning Administrator.
6. All signs shall comply with Chapter 37 of the Zoning Ordinance, subject to review
and approval of the Zoning Administrator.
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7. The landscaping plan planting schedule shall be revised to specify the deciduous
trees to be eight feet in height as required by Section 11-19-3 of the Zoning
Ordinance.
8. All plants shown on the landscape plan shall be maintained to be alive and in
satisfactory health or be replaced by the property owner.
9. All grading and stormwater management issues shall be subject to review and
approval of the City Engineer.
10. All easements shall be subject to review and approval of the City Engineer.
11. Wright Hennepin Cooperative Electric Association shall execute a development
contract as provided for by Section 10-10-5 of the Subdivision Ordinance and
Section 11-4-7 of the Zoning Ordinance as determined necessary by City staff
and subject to approval of the City Council.
B. Motion to recommend the application be denied based on a finding that the request is
inconsistent with the Comprehensive Plan and intent of the Zoning Ordinance.
C. Motion to table.
c. Adam Flaherty, City Administrator/Finance Director
Audra Etzel, City Clerk
Ron Wagner, City Engineer
David Kendall, City Attorney
Site Location Map
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PRELIMINARY PLANS FORMACIVER SUBSTATIONOTSEGO, MNOCTOBER, 2023Feet0 2000 4000CITY:City of Otsego13400 90th St NEOtsego, MN 55330Ph: 763.441.4414Ron Wagner, City Engineer (HAA)Ph: 763.852.0478ronw@haa-inc.comCOUNTY:Wright County3650 Braddock Ave NEBuffalo, MN 55313763.682.7383 (Highway Dept.)LEGEND:X.X%COCOC001COVERVICINITY MAPCONTACTSDMPDESIGNED:LIC. NO.:DATE:DAVID M. POGGIDRAWN:CHECKED:DMPKEB44573I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.12-11-2023CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:SHEET NO:10-06-2023 Permit Review Set. NOT FOR CONSTRUCTION12/12/2023 12:53 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\23020_WHE Otsego Substation\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\PRELIMINARY\C001_Cover.dwgMACIVER SUBSTATIONWRIGHT-HENNEPIN ELECTRIC COOPERATIVEOTSEGO, MN12-11-2023 Revised per City Comments. NOT FOR CONSTRUCTIONINDEXNOTESPROJECT TITLEOWNER:Wright-Hennepin Cooperative ElectricAssociation6800 Electric DriveRockford, MN 55373Attn: Curtis CordtPh: 763.477.3000SURVEY:Meyer-Rohlin Land Services708 1st Avenue NE, #1Buffalo, MN 55313Attn: Abram Niemela, PLSPh: 763.682.1781CIVIL:Civil Methods, Inc.1551 Livingston Avenue, Ste. 104West St. Paul, MN 55118Attn: Dave Poggi, PEPh: 763.210.5713
DATESHEETSHEETSREVISIONSBOOKPAGEDRAWN BYFILE NO.OF708 1st Avenue NE, #1Ph. 763.682.1781 www.meyerrohlin.comBuffalo, MN 5531310/03/2023231881140137AAN12/06/2023 PRELIMINARY PLATMACIVER SUBSTATIONOFMeyer-RohlinLEGENDN:\Carlson Projects\23188 - WHE Maciver Substation\Proj Dwg\23188 Preliminary Plat.dwg
LEGEND: C201SITE LAYOUTDMPDESIGNED:LIC. NO.:DATE:DAVID M. POGGIDRAWN:CHECKED:DMPKEB44573I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.12-11-2023CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:SHEET NO:10-06-2023 Permit Review Set. NOT FOR CONSTRUCTION12/12/2023 1:04 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\23020_WHE Otsego Substation\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\PRELIMINARY\C201_Layout.dwgMACIVER SUBSTATIONWRIGHT-HENNEPIN ELECTRIC COOPERATIVEOTSEGO, MN12-11-2023 Revised per City Comments. NOT FOR CONSTRUCTIONFeet050100
C401DRIVEWAY PROFILEDMPDESIGNED:LIC. NO.:DATE:DAVID M. POGGIDRAWN:CHECKED:DMPKEB44573I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.12-11-2023CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:SHEET NO:10-06-2023 Permit Review Set. NOT FOR CONSTRUCTION12/12/2023 12:54 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\23020_WHE Otsego Substation\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\PRELIMINARY\C401_Street Profile.dwgMACIVER SUBSTATIONWRIGHT-HENNEPIN ELECTRIC COOPERATIVEOTSEGO, MN12-11-2023 Revised per City Comments. NOT FOR CONSTRUCTIONFeet0 50 100
C501GRADING & DRAINAGEDMPDESIGNED:LIC. NO.:DATE:DAVID M. POGGIDRAWN:CHECKED:DMPKEB44573I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.12-11-2023CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:SHEET NO:10-06-2023 Permit Review Set. NOT FOR CONSTRUCTION12/12/2023 12:54 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\23020_WHE Otsego Substation\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\PRELIMINARY\C501_Grading.dwgMACIVER SUBSTATIONWRIGHT-HENNEPIN ELECTRIC COOPERATIVEOTSEGO, MN12-11-2023 Revised per City Comments. NOT FOR CONSTRUCTIONFeet03060LEGEND: X.X%
LEGEND: X.X%C502GRADING & DRAINAGEDMPDESIGNED:LIC. NO.:DATE:DAVID M. POGGIDRAWN:CHECKED:DMPKEB44573I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.12-11-2023CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:SHEET NO:10-06-2023 Permit Review Set. NOT FOR CONSTRUCTION12/12/2023 12:54 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\23020_WHE Otsego Substation\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\PRELIMINARY\C501_Grading.dwgMACIVER SUBSTATIONWRIGHT-HENNEPIN ELECTRIC COOPERATIVEOTSEGO, MN12-11-2023 Revised per City Comments. NOT FOR CONSTRUCTIONFeet03060“”
C601EROSION CONTROLDMPDESIGNED:LIC. NO.:DATE:DAVID M. POGGIDRAWN:CHECKED:DMPKEB44573I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.12-11-2023CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:SHEET NO:10-06-2023 Permit Review Set. NOT FOR CONSTRUCTION12/12/2023 12:55 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\23020_WHE Otsego Substation\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\PRELIMINARY\C601_Erosion.dwgMACIVER SUBSTATIONWRIGHT-HENNEPIN ELECTRIC COOPERATIVEOTSEGO, MN12-11-2023 Revised per City Comments. NOT FOR CONSTRUCTIONFeet03060LEGEND:
C602EROSION CONTROLDMPDESIGNED:LIC. NO.:DATE:DAVID M. POGGIDRAWN:CHECKED:DMPKEB44573I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.12-11-2023CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:SHEET NO:10-06-2023 Permit Review Set. NOT FOR CONSTRUCTION12/12/2023 12:55 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\23020_WHE Otsego Substation\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\PRELIMINARY\C601_Erosion.dwgMACIVER SUBSTATIONWRIGHT-HENNEPIN ELECTRIC COOPERATIVEOTSEGO, MN12-11-2023 Revised per City Comments. NOT FOR CONSTRUCTIONFeet03060LEGEND:
GENERAL PERMITAUTHORIZATION TO DISCHARGE STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITY UNDER THENPDES/SDS PROGRAM (MNR100001):Feet0 2000 4000LEGENDHYDROLOGIC SOIL GROUP TYPE AHYDROLOGIC SOIL GROUP TYPE BHYDROLOGIC SOIL GROUP TYPE CHYDROLOGIC SOIL GROUP TYPE DLEGENDHYDROLOGIC SOIL GROUP TYPE AHYDROLOGIC SOIL GROUP TYPE BHYDROLOGIC SOIL GROUP TYPE CHYDROLOGIC SOIL GROUP TYPE DHYDROLOGIC SOIL GROUP TYPE BHYDROLOGIC SOIL GROUP TYPE CHYDROLOGIC SOIL GROUP TYPE A/DHYDROLOGIC SOIL GROUP TYPE B/DHYDROLOGIC SOIL GROUP TYPE C/DC603SWPPPDMPDESIGNED:LIC. NO.:DATE:DAVID M. POGGIDRAWN:CHECKED:DMPKEB44573I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.12-11-2023CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:SHEET NO:10-06-2023 Permit Review Set. NOT FOR CONSTRUCTION12/12/2023 12:55 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\23020_WHE Otsego Substation\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\PRELIMINARY\C603_SWPPP.dwgMACIVER SUBSTATIONWRIGHT-HENNEPIN ELECTRIC COOPERATIVEOTSEGO, MN12-11-2023 Revised per City Comments. NOT FOR CONSTRUCTION
C701DETAILSDMPDESIGNED:LIC. NO.:DATE:DAVID M. POGGIDRAWN:CHECKED:DMPKEB44573I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.12-11-2023CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:SHEET NO:10-06-2023 Permit Review Set. NOT FOR CONSTRUCTION12/12/2023 12:56 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\23020_WHE Otsego Substation\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\PRELIMINARY\C701_Details.dwgMACIVER SUBSTATIONWRIGHT-HENNEPIN ELECTRIC COOPERATIVEOTSEGO, MN12-11-2023 Revised per City Comments. NOT FOR CONSTRUCTION
C702DETAILSDMPDESIGNED:LIC. NO.:DATE:DAVID M. POGGIDRAWN:CHECKED:DMPKEB44573I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.12-11-2023CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:SHEET NO:10-06-2023 Permit Review Set. NOT FOR CONSTRUCTION12/12/2023 12:56 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\23020_WHE Otsego Substation\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\PRELIMINARY\C701_Details.dwgMACIVER SUBSTATIONWRIGHT-HENNEPIN ELECTRIC COOPERATIVEOTSEGO, MN12-11-2023 Revised per City Comments. NOT FOR CONSTRUCTION
LANDSCAPING REQUIREMENTS WHEN ADJACENT TO RESIDENTIAL: N/AC801LANDSCAPING PLANDMPDESIGNED:LIC. NO.:DATE:DAVID M. POGGIDRAWN:CHECKED:DMPKEB44573I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.12-11-2023CIVIL METHODS, INC.P.O. Box 28038St. Paul, MN 55128o:763.210.5713 | www.civilmethods.comDATE / REVISION:SHEET NO:10-06-2023 Permit Review Set. NOT FOR CONSTRUCTION12/12/2023 12:56 PMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\23020_WHE Otsego Substation\08_DRAWINGS AND SPECIFICATIONS\C3D\Sheets\PRELIMINARY\C801_Landscaping.dwgMACIVER SUBSTATIONWRIGHT-HENNEPIN ELECTRIC COOPERATIVEOTSEGO, MN12-11-2023 Revised per City Comments. NOT FOR CONSTRUCTIONFeet0 50 100
v1-16Jan24 1
ZONING MAP AMENDMENT
FINDINGS OF FACT & DECISION
APPLICANT: Wright-Hennepin Cooperative Electric Association
APPLICATION: Request to amend the Zoning Map to allow for development of MacIver Substation.
CITY COUNCIL MEETING: 22 January 2024
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes
the following findings of fact:
A. The legal description of the property is:
Lot 1, Block 1, MacIver Substation
B. The property lies within the Urban Service Expansion Area W1 and is guided for Low Density Residential
land uses by the 2023 Otsego Comprehensive Plan, as amended.
C. The property is zoned A-1, Agriculture Rural Service District.
D. The applicant has requested approval of Zoning Map amendment rezoning the property to INS,
Institutional District to allow for an electric utility substation.
E. The Planning Commission and City Council must take into consideration the possible effects of the
request with their judgment based upon (but not limited to) the criteria outlined in Section 11-3-2.F of
the Zoning Ordinance:
1. The proposed action's consistency with the specific policies and provisions of the Otsego
Comprehensive Plan.
Finding: The 2023 Comprehensive Plan recognizes that planning for utility services, whether
City facilities such as sewer and water or private utilities such as electric, gas, phone, cable,
etc., are a core component of future development. These essential services are needed to
support existing development and planned future uses guided by the Comprehensive Plan as
part of the City’s growth management policies. The proposed development of an electric
substation to serve the West Sewer District and other areas of Otsego is consistent with the
policies of the Comprehensive Plan.
v1-16Jan24 2
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The proposed electric substation is to be constructed in a rural area isolated from
existing residential uses. The timeframe between construction of the electric substation and
future development guided by the 2023 Comprehensive Plan is such that proposed
landscaping will mature to provide effective screening mitigating potential combability
issues.
3. The proposed use's conformity with all performance standards contained within the Zoning
Ordinance and other provisions of the City Code.
Finding: The proposed subdivision and construction of an electric substation will comply with
all requirements of the Subdivision Ordinance, Zoning Ordinance, and Engineering Manual.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Finding: The proposed electric substation will be accessed via a private driveway to 95th
Street (CSAH 39) until such a time as MacIver Avenue is constructed as a public residential
collector street. Both existing 95th Street (CSAH 39) and future MacIver Avenue have or will
have the capacity to accommodate the minimal traffic generated by the proposed electric
substation.
5. The proposed use can be accommodated by existing public services and facilities and will not
overburden the City's service capacity.
Finding: The proposed use will provide necessary service capacity for existing land uses and
future development as guided by the 2023 Comprehensive Plan.
F. The planning report dated 27 December 2023, prepared by the City Planner, The Planning Company
LLC, is incorporated herein.
G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 2 January
2024 to consider the application, preceded by published and mailed notice; based upon review of the
application and evidence received, the public hearing was closed, and the Planning Commission
recommended by a 5-0 vote that the City Council approve the request based on the aforementioned
findings.
DECISION: Based on the foregoing information and applicable ordinances, the requested is hereby APPROVED.
v1-16Jan24 3
ADOPTED by the Otsego City Council this 22nd day of January, 2024.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO: 2024-02
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A
CHANGE IN ZONING CLASSIFICATION FOR LAND INCLUDED WITHIN THE PRELIMINARY PLAT OF
MACIVER SUBSTATION.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change
the zoning classification of the property legally as described as:
Lot 1, Block 1, MacIver Substation
Section 2. The property is hereby rezoned from an A-1, Agricultural Rural Service District
designation to INS, Institutional District.
Section 3. The Zoning Map of the City of Otsego shall not be republished to show the aforesaid
rezoning, but the Zoning Administrator shall appropriately mark the Zoning Map on file at City Hall for the
purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations,
references and other information shown thereon are hereby incorporated by reference and made part of
this Ordinance.
Section 4. This Ordinance shall become effective immediately upon its passage and publication
according to Law.
ADOPTED by the Otsego City Council this 22nd day of January, 2024.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk
v1-16Jan24 1
PRELIMINARY AND FINAL PLAT
CONDITIONAL USE PERMIT
FINDINGS OF FACT & DECISION
APPLICANT: Wright-Hennepin Cooperative Electric Association
APPLICATION: Request for approval of a preliminary and final plat and Conditional Use Permit for MacIver
Substation.
CITY COUNCIL MEETING: 22 January 2024
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes
the following findings of fact:
A. The legal description of the property is:
That part of the Northwest Quarter of the Southwest Quarter of Section 18, Township 121, Range
23, Wright County, Minnesota, described as follows: Beginning at the northwest corner of said
Northwest Quarter of the Southwest Quarter; thence South 00 degrees 03 minutes 13 seconds West,
assumed bearing, along the west line of said Northwest Quarter of the Southwest Quarter, a
distance of 330.00 feet to the intersection with the south line of the north 330.00 feet of said
Northwest Quarter of the Southwest Quarter, as measured at a right angle to the north line thereof;
thence South 89 degrees 52 minutes 53 seconds East, along said south line, a distance of 80.00
feet; thence North 00 degrees 03 minutes 13 seconds East, a distance of 180.00 feet; thence North
45 degrees 05 minutes 10 seconds East, a distance of 212.01 feet to the north line of said Northwest
Quarter of the Southwest Quarter; thence North 89 degrees 52 minutes 53 seconds West, along
said north line, a distance of 230.00 feet to the point of beginning.
and
That part of the Northwest Quarter of the Southwest Quarter of Section 18, Township 121, Range
23, Wright County, Minnesota, described as follows: Commencing at the northwest corner of said
Northwest Quarter of the Southwest Quarter; thence South 00 degrees 03 minutes 13 seconds West,
assumed bearing, along the west line of said Northwest Quarter of the Southwest Quarter, a
distance of 330.00 feet to the intersection with the south line of the north 330.00 feet of said
Northwest Quarter of the Southwest Quarter, as measured at a right angle to the north line thereof,
said point being the point of beginning of the parcel to be described; thence South 89 degrees 52
minutes 53 seconds East, along said south line, a distance of 140.00 feet; thence South 00 degrees
03 minutes 13 seconds West, a distance of 80.00 feet; thence North 89 degrees 52 minutes 53
seconds West, a distance of 60.00 feet; thence South 00 degrees 03 minutes 13 seconds West, a
distance of 904.14 feet to the south line of said Northwest Quarter of the Southwest Quarter; thence
North 89 degrees 44 minutes 50 seconds West, along said south line, a distance of 80.00 feet to the
southwest corner of said Northwest Quarter of the Southwest Quarter; thence North 00 degrees 03
minutes 13 seconds East, along the west line of said Northwest Quarter of the Southwest Quarter,
a distance of 983.96 feet to the point of beginning.
v1-16Jan24 2
and
The north 467.00 feet of the west 465.00 feet of the Southwest Quarter of the Southwest Quarter of
Section 18, Township 121, Range 23, Wright County, Minnesota, as measured at right angles to
the north and west lines thereof.
B. The property lies within the Urban Service Expansion Area W1 and is guided for Low Density Residential
land uses by the 2023 Otsego Comprehensive Plan, as amended.
C. The property is zoned INS, Institutional District; electric utility substations are allowed as a conditional
use.
D. The applicant is proposing subdivision of one lot and dedication of right-of-way for MacIver Substation;
an electric utility substation is to be constructed on Lot 1, Block 1 MacIver Substation.
E. The Planning Commission and City Council must take into consideration the possible effects of the
request with their judgment based upon (but not limited to) the criteria outlined in Section 11-4-2.F of
the Zoning Ordinance:
1. The proposed action's consistency with the specific policies and provisions of the Otsego
Comprehensive Plan.
Finding: The 2023 Comprehensive Plan recognizes that planning for utility services, whether
City facilities such as sewer and water or private utilities such as electric, gas, phone, cable,
etc., are a core component of future development. These essential services are needed to
support existing development and planned future uses guided by the Comprehensive Plan as
part of the City’s growth management policies. The proposed development of an electric
substation to serve the West Sewer District and other areas of Otsego is consistent with the
policies of the Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The proposed electric substation is to be constructed in a rural area isolated from
existing residential uses. The timeframe between construction of the electric substation and
future development guided by the 2023 Comprehensive Plan is such that proposed landscaping
will mature to provide effective screening mitigating potential combability issues.
3. The proposed use's conformity with all performance standards contained within the Zoning
Ordinance and other provisions of the City Code.
Finding: The proposed subdivision and construction of an electric substation will comply with
all requirements of the Subdivision Ordinance, Zoning Ordinance, and Engineering Manual.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the property.
Finding: The proposed electric substation will be accessed via a private driveway to 95th Street
(CSAH 39) until such a time as MacIver Avenue is constructed as a public residential collector
street. Both existing 95th Street (CSAH 39) and future MacIver Avenue have or will have the
capacity to accommodate the minimal traffic generated by the proposed electric substation.
v1-16Jan24 3
5. The proposed use can be accommodated by existing public services and facilities and will not
overburden the City's service capacity.
Finding: The proposed use is will provide necessary service capacity for existing land uses and
future development as guided by the 2023 Comprehensive Plan.
F. The planning report dated 27 December 2023, prepared by the City Planner, The Planning Company
LLC, is incorporated herein.
G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 2 January
2024 to consider the application, preceded by published and mailed notice; based upon review of the
application and evidence received, the public hearing was closed and the Planning Commission
recommended by a 5-0 vote that the City Council approve the request based on the aforementioned
findings.
DECISION: Based on the foregoing information and applicable ordinances, the requested is hereby APPROVED,
subject to the following conditions”
1. The site and building shall be developed in accordance with the plans on file with the City as provided
for by Section 11-9-4 of the Zoning Ordinance and the conditions set forth herein.
2. Right-of-way dedication for MacIver Avenue shall be subject to review and approval of the City
Engineer.
3. Right-of-way dedication for 95th Street (CSAH 39) shall be subject to review by the City Engineer and
approval of Wright County.
4. Wright Hennepin Cooperative Electric Association shall execute an encroachment agreement with
the City for access, construction, maintenance, and removal of a private driveway within the MacIver
Avenue right-of-way.
5. All exterior lighting shall comply with Section 11-16-6 of the Zoning Ordinance, subject to review and
approval of the Zoning Administrator.
6. All signs shall comply with Chapter 37 of the Zoning Ordinance, subject to review and approval of the
Zoning Administrator.
7. The landscaping plan planting schedule shall be revised to specify the deciduous trees to be eight
feet in height as required by Section 11-19-3 of the Zoning Ordinance.
8. All plants shown on the landscape plan shall be maintained to be alive and in satisfactory health or
be replaced by the property owner.
9. All grading and stormwater management issues shall be subject to review and approval of the City
Engineer.
10. All easements shall be subject to review and approval of the City Engineer.
11. Wright Hennepin Cooperative Electric Association shall execute a development contract as provided
for by Section 10-10-5 of the Subdivision Ordinance and Section 11-4-7 of the Zoning Ordinance as
determined necessary by City staff and subject to approval of the City Council.
v1-16Jan24 4
12. The Conditional Use Permit shall expire if not implemented before 31 December 2033 in accordance
with Section 11-4-5 of the Zoning Ordinance.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
v1-16Jan24 5
ADOPTED by the Otsego City Council this 22nd day of January, 2024.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk
1
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2024-16
APPROVING AN ENCROACHMENT AGREEMENT FOR
WRIGHT-HENNEPIN MACIVER SUBSTATION
WHEREAS, Wright-Hennepin Cooperative Electric Association (“Wright-Hennepin”) is proposing subdivision
of a lot and public right-of-way and development of an electric substation; and
WHEREAS, a final plat for the subdivision and a Conditional Use Permit for the electric substation was
approved by the City Council on 22 January 2024; and
WHEREAS, Wright-Hennepin intends to utilize public-right-of-way dedicated with the plat of MacIver
Substation for use in locating electric utilities and for a private gravel access driveway until such a time as
the City constructs a public street; and
WHEREAS, the conditions of the approval for the electric substation require Wright-Hennepin to enter into
an encroachment agreement regarding utilization of the public right-of-way prior to construction of a public
street; and
WHEREAS, those rights, responsibilities, and obligations regarding encroachment upon the public right-of-
way by Wright-Hennepin are outlined and memorialized in the attached Encroachment Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT:
1. The Encroachment Agreement attached hereto between the City of Otsego and Wright-Hennepin
Cooperative Electric Association is hereby approved in form subject to modification of fees, charges,
and securities as approved by City staff.
2. The Mayor and City Clerk are hereby authorized to execute the Encroachment Agreement on behalf
of the City of Otsego.
2
ADOPTED by the City Council of the City of Otsego this 22nd day of January, 2024.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk
1
229380v5229380v4
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT, made this ___ day of __________________,
2024, between WRIGHT-HENNEPIN COOPERATIVE ELECTRIC ASSOCIATION, a
cooperative organized under the laws of the State of Minnesota (hereinafter called "Wright-
Hennepin"), and the CITY OF OTSEGO, a Minnesota municipal corporation, (hereinafter
called "City ").
WITNESSETH
WHEREAS, the City owns right of way over the following described property (hereinafter
called “Right of Way”), Wright County, Minnesota:
Right of Way for MacIver Avenue as depicted on the plat of
MacIver Substation
WHEREAS, Wright-Hennepin owns and operates a high voltage electric substation on real
property owned by Wright-Hennepin located adjacent to Right of Way, as legally described in
Exhibit “B” (“Wright-Hennepin Parcel”), a part of which and wishes to install private
improvements and electrical transmission facilities which will encroach upon and within Right of
Way.
WHEREAS, the Wright-Hennepin Parcel will be developed for the operation of an electric
substation.
NOW, THEREFORE, the City does hereby grant unto Wright-Hennepin the right to
encroach upon, occupy and to use, in the manner hereinafter specified, the portion of the Right of
Way depicted in Exhibit “A” attached hereto and made a part hereof, hereinafter called the
"Encroachment Area". Such Encroachment Area is limited to 20 feet in width for the driveway
encroachment corridor and 15 feet in width for the utility encroachment corridor as depicted on
Exhibit A.
1. The rights of encroachment herein granted shall be limited to the use by Wright-
Hennepin of the Encroachment Area for the purpose of constructing, maintaining,
2
229380v5229380v4
and replacing, if necessary, underground electric transmission service lines running
along the west edge of the Right of Way from the substation, and to the
construction and maintenance of a private gravel surface access driveway
(“Improvements”). The Improvements shall be installed and constructed consistent
with all applicable federal, state and local regulations. The Improvements shall be
installed in accordance with plans approved by the City Engineer.
2. Wright-Hennepin shall install a security gate across the private gravel surface
access driveway to restrict access to authorized vehicular use only.
3. Wright-Hennepin shall install a secured key safe (“Knox Box”) at the gate entrance
to the private gravel surface access driveway to allow City staff and or emergency
vehicles access to the private gravel surface access driveway.
4. Wright-Hennepin may, at its discretion, grant access to the private surface access
driveway to Wright County Property Identification Numbers 118-500-183201 and
118-500-183200 (“Abutting Properties”) legally described in Exhibit “C” attached
hereto and made a part hereof through license agreements which shall terminate
upon termination of this Agreement.
5. Improvements located within the Encroachment Area shall not impact or increase
water drainage on Abutting Properties or cause any adverse drainage patterns or
erosion to the Abutting Properties.
6. Wright-Hennepin accepts the Encroachment Area in its present condition without
any promises, agreements, or obligations on the part of the City to make any
improvements or repairs thereon.
7. Wright-Hennepin shall, at its expense, maintain the Encroachment Area in a clean,
safe, neat working order, condition, and repair.
8. The City shall take ownership of the driveway improvements within the
Encroachment Area, or and, at the City’s sole cost and expense, may relocate or
remove any of Wright-Hennepin’s Improvements within the Encroachment Area
that may conflict with the future construction of a public street within the Right of
Way. In the event of such relocation or removal of Wright-Hennepin’s
Improvements, the City shall provide reasonable advance notice thereof to Wright-
Hennepin to minimize the disruption of electric service.
9. Except as otherwise stated in Section 8 of this Agreement, Wright-Hennepin agrees
to assume all liability and to indemnify and compensate the City for any injury or
damage to persons or property, including the City’s property or employees,
occasioned by, or arising in connection with the use of the Encroachment Area by
Wright-Hennepin, its employees or agents, and Wright-Hennepin further agrees to
defend, indemnify and hold the City harmless against all actions, claims, damages,
or demands which may be brought or made against the City by reason of anything
done by Wright-Hennepin, its employees or agents, in the exercise or purported
exercise of the rights, privileges and duties herein granted.
3
229380v5229380v4
10. Wright-Hennepin shall maintain primary insurance coverage protecting it and the
City on first dollar coverage from claims for damages because of bodily injury,
including death, and property damage which may arise both out of and during its
use and occupancy of the Encroachment Area under this Agreement, whether such
use and occupancy be by itself or by any licensee, agent, employee, contractor, or
anyone directly employed by any of them, and such insurance shall be written for
not less than the following limits for any one person or occurrence (which may be
increased in a reasonable amount from time to time by the City):
Bodily injury $1,000,000 each person
$1,000,000 each occurrence
Property damage $1,000,000 each occurrence
$1,000,000 aggregate
11. Wright-Hennepin agrees to provide the City with a Certificate of Insurance, upon
request, fulfilling the insurance obligations as stated herein upon demand. The City
shall be included on the certificate of insurance by endorsement.
12. The City shall have the right to terminate this Agreement as to all or any part of the
Encroachment Area at any time and without cause, effective upon 60 days written
notice to Wright-Hennepin. Wright-Hennepin is responsible for restoring the
Encroachment Area to its original condition within the notice period, except in the
event the termination is due to the City of Otsego’s construction of a public street
within the Right of Way. If the termination of this Agreement is due to the City of
Otsego’s construction of a public street within the Right of Way and the City
determines, in its sole discretion, that it is not necessary to relocate Wright-
Hennepin’s facilities within the Right of Way in order to accommodate construction
of the public street, then Wright-Hennepin’s facilities may remain in place within
the Right of Way pursuant to a permit issued to Wright-Hennepin by the City under
the City’s Right of Way Management Ordinance. The City may elect to waive the
fee for issuance of this permit. Notwithstanding the foregoing, unless otherwise
agreed upon in writing by the City and Wright-Hennepin, Wright-Hennepin shall
remain entitled to keep and maintain its facilities within the Encroachment Area
following the termination of this Agreement.
13. Wright-Hennepin further agrees to reimburse City of Otsego for all costs, including
attorneys' fee, incurred by City of Otsego, and arising out of any failure by Wright-
Hennepin to keep and perform any and all of the covenants and agreements
contained herein. The City agrees to reimburse Wright-Hennepin for all costs,
including attorneys’ fees, incurred by Wright-Hennepin, and arising out of any
failure by the City to keep and perform any and all of the covenants and agreements
contained herein.
14. All notices, demands and other communications required or permitted to be given
pursuant to this Agreement shall be in writing and shall be considered to have been
duly given or served if sent by first class, certified, or registered mail, return receipt
Commented [MS1]: I am uncomfortable with this section.
WH needs to retain the ability to keep our facilities within
the Encroachment Area.
Commented [DK2R1]: Understand the concern. Have
added language stating that if improvements do not need to
be relocated at City expense in order to construct public
street, they may remain per standard procedure under City’s
ROW management ordinance.
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requested, postage prepaid, to the party at its address set forth below or to such
other address as such party may hereafter designate by written notice to the other
party.
15. If to Wright-Hennepin: Wright-Hennepin Cooperative Electric Association
Attn: Curt Cordt
8600 Electric Drive
Rockford, Minnesota 55373
If to City: Otsego City Hall
Attn: Adam Flaherty, City Administrator
13400 90th Street NE
Otsego, MN 55330
16. This Agreement is made and executed under the laws of Minnesota and is intended
to be governed by the laws of said State.
17. The unenforceability or invalidity of any provisions hereof shall not render any
other provision or provisions herein contained unenforceable or invalid.
18. This Agreement shall run with the land and shall be recorded against the title to the
Wright Hennepin Parcel.
IN WITNESS WHEREOF, Wright-Hennepin Cooperative Electric Association and City
of Otsego have caused this Agreement to be executed as of the day and year first above written.
[Remainder of page is intentionally left blank.
Signature pages to follow.]
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WRIGHT-HENNEPIN COOPERATIVE
ELECTRIC ASSOCIATION
By ___________________________________
Curt Cordt
Director of Engineering
As, Authorized Agent for Wright-Hennepin
Cooperative Electric Association, a cooperative,
organized under the laws of the State of
Minnesota
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this _____ day of
_______________________, 2024, by Curt Cordt, personally known to me to be the Director of
Engineering as, Authorized Agent for WRIGHT-HENNEPIN COOPERATIVE ELECTRIC
ASSOCIATION, a cooperative organized under the laws of the State of Minnesota, on behalf of
said entity.
____________________________________
Notary Public
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CITY OF OTSEGO
By: _____________________________________
(SEAL) Jessica Stockamp, Mayor
And ____________________________________
Audra Etzel, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this _________ day of
__________________, 2024, by Jessica Stockamp and Audra Etzel, respectively the Mayor and
City Clerk of the City of Otsego, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
______________________________________
Notary Public
DRAFTED BY:
CAMPBELL KNUTSON,
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
DSK/smt
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EXHIBIT “A”
Commented [MS3]: Is the utility corridor sufficient? Will
it need to cross the ROW to the substation itself?
Commented [DK4R3]: Agree. City Engineer states that
diagram may be revised to show utility corridor crossing
ROW to touch substation.
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EXHIBIT “B”
Legal Description of Wright-Hennepin Parcel
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EXHIBIT “C”
Legal Descriptions of Abutting Property Owners
With Access to the Private Gravel Surface Driveway
PID 118-500-183201
The North 20 rods of the West 48 rods of of the Northwest Quarter of the Southwest Quarter of
Section 18, Township 121, Range 23, Wright County, Minnesota.
Abstract Property
PID 118-500-183200
The Northwest Quarter of the Southwest Quarter of Section 18, Township 121, Range 23,
Wright County, Minnesota,
EXCEPT that part of the Northwest Quarter of the Southwest Quarter of Section 18, Township
121, Range 23, described as follows:
Commencing at the Northwest corner of said Northwest Quarter of the Southwest Quarter;
thence East along the North line of said Northwest Quarter of the Southwest Quarter a distance
of 792 feet; thence South at right angles a distance of 330 feet; thence West at right angles a
distance of 792 feet, more or less, to the West line of said Northwest Quarter of the Southwest
Quarter; thence North along said West line of the Northwest Quarter of the Southwest Quarter a
distance of 330 feet to the place of commencement.
EXCEPT that part of the Northwest Quarter of the Southwest Quarter of Section 18, Township
121, Range 23, Wright County, Minnesota, described as follows:
Commencing at the Northwest corner of said Northwest Quarter of the Southwest Quarter;
thence East along the North line of said Northwest Quarter of the Southwest Quarter distance of
792 feet to the point of beginning of the land to be described; thence at right angles South 260
feet; thence Easterly parallel with the North line of said Northwest Quarter of the Southwest
Quarter a distance of 322 feet; thence North at right angles a distance of 260 feet to the North
line of said Northwest Quarter of the Southwest Quarter; thence West along said North line 322
feet to the point of beginning.
[Abstract Property]