03-27-1995 City Council MinutesCITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
CITY COUNCIL MEETING
6:30 PM
COUNCIL CHAMBERS
OTSEGO CITY HALL
MARCH 27, 1995
1. Mayor Norman F. Freske will call meeting to order.
Mayor Freske called meeting together at 7:08 PM.
2. ROLL CALL. Mayor Norman F. Freske, Councilmembers Ron Black, Larry Fournier, Vern Heidner,
Suzanne Ackerman.
Professional Staff: Engineer Larry Koshak, Kevin Kielb, Assistant Planner Bob Kirmis, Attorney Andy
MacArthur.
Staff: Elaine Beatty, Clerk/Zoning Administrator, Judy Hudson, Deputy Clerk, Carol Olson, Secretary,
David Chase, Maintenance Supervisor, Jerry Olson, Building Official.
3. Consider Agenda approval (Deletions or Additions).
Mayor Freske requested:
Addition: Otsego Parks & Rec. and Wright County Park Board
communications.
9.11 Under All Systems Go,
discuss Employee Dishonesty Bond
Bob Kirmis
Fee Section
CM Fournier requested:
Addition: Hear Attorney's comments on Item 9.5
CM Black requested:
Addition: Under City Council Business,
Consider appointment of Norman Schwanbeck for Historical Preservation Committee
Discussion of Sheriffs Letter
Tornado Awareness Day
CM Fournier motioned to adopt City Council Agenda with additions. Seconded CM Black.
All in favor. Motion carried.
4. Consideration of Minutes
CM Fournier motioned to approved Minutes of March 2, 1995 City Council Special Workshop.
Seconded by CM Heidner. All in favor. Motion carried.
CM Black motioned to approve Minutes of City Council Meeting of March 13, 1995. Seconded by
CM Fournier. All in favor. Motion carried.
5. Open Forum
No one appeared on Open Forum.
6. Bob Kirmis, Assistant City Planner
6.1 Consider Preliminary Plat for Bulow Estates and PUD Zoning
Bob Kirmis briefly went over Mr. Bulow's request for Subdivision in original Townsite Plat.
To accommodate the development the following are necessary to approve:
1. Vacation of streets
2. Rezoning from AG to PUD
3. Replat or subdivision of property
Otsego City Council Meeting of March 27, 1995, cont'd. Page 2.
Mr. Kirmis stated that the PUD request is the most accommodating. Should the City Council find the
PUD acceptable Bob Kirmis recommends the approval of preliminary plat according to NACs conditions
as listed in their report dated March 8, 1995. (attached)
City Attorney Andy MacArthur briefly reviewed the background of this request and recommends the
PUD Zoning, because of the unique circumstances of the original Old Town Site.
City Engineer Larry Koshak stated he hasn't reviewed the Drainage Plan since he just received it today.
The City Council concerns with this plat were:
Access Issues - Property Owner Awareness, Protection of Nashua Avenue,
of possibility in the future of losing their access to Nashua Avenue.
If no further development occurs, could access remain on Nashua.
If 94th Street is put in, will that give development rights to the East.
Item 6, 7, 11 of Conditions in March 8, 1995 NAC Report, assumptions may not end up
being what was intended.
Bob Kirmis said the access issue will be part of the PUD Agreement, which is recorded with the property
and if there is no further development to the East, accesses could stay on Nashua Avenue.
Adjacent property owners must have road frontage to be buildable. Regarding Items 6, 7, 11, we want to
tie something to the property through the PUD Agreement and there is also subdivision power over the
review of that land.
The Council suggested:
Approval is also based upon a condition that sketch is attached as an exhibit.
Add a condition that when property to the East is developed and accesses are
eliminated, the property owners are aware of this.
Concerns be addressed before proceeding any further on this
CM Fournier motioned to continue Consideration of Preliminary Plat for Bulow Acres to April 10,
1995 City Council Meeting. CM Black seconded. All in favor. Motion carried.
Discussion: Chris Bulow asked if both the Preliminary and Final Plats could be consider at the April 10,
1995 meeting. Elaine Beatty said as long as we get the information in time for publishing. Chris Bulow
also stated that he won't be the developer to the East and questioned how we will get the developer to
comply with the sketch plan which isn't his sketch. He doesn't own the property to the East and doesn't
know if he can do anything. He has been working on this for nine months. CM Heidner explained that the
City is looking at it from the other end and there are several concerns from the staff that need to be
addressed.
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its • ' e•• 10 ; •-
Mr. Kirmis said the Planning Commission continued the Hearing on the Amendment to the Fee Sections
of the Subdivision Ordinance to April 5, 1995. They want to wait until after the Hearing of March 20,
1995 before making an decision. The Council noted that only one Planning Commission Member
attended the March 20, 1995 Public Hearing.
Item 9.8. Visioning Meeting (Joint Communities) Elaine Beatty reported that she is working with David
Licht on this and hasn't set an exact time. Mr. MacArthur explained about the Visioning Session he
attended in North Branch and how well it worked and it focused on goals.
Otsego City Council Meeting of March 27, 1995, cont'd. Page 3.
7. Andy MacArthur, City Attorney
7.1. Consider the following from Special Meeting on Stormwater of 3-20-95.
a A proposed amendment to the assessment ordinance pertaining to
Stormwater drainage assessment policy
CM Black motioned to delete existing Section 24-1-3C Storm Sewers, and replace with Section
24-1-3C, Storm Sewers, subsection 1 a, b, c, d, subsection 2 a, b,c. Seconded by CM Heidner. All
in favor. Motioned carried.
ear .0 ssu • ,-
Stormwater drainage systemas a public_utility.
CM Black motioned to amend Section 1. Otsego Ordinance No. 12-1 as follows: delete existing
Section 12-1-1, add new section 12-1-1, Purpose and Establishment of Utilities, delete section 12-1-
2, 2, Municipal utility add new section 12-1-2, 2, Municipal utility, delete section 12-1-3, add new
section 12-1-3, Mandatory Connection to Public Systems, delete section 12-1-4, add new section
12-1-4, Fixing Rates and Charges for Municipal Utilities. Seconded by CM Ackerman. All in
favor. Motion carried. Discussion: Council wanted record to show that there was no comment
made on this proposed amendment at the Hearing of March 20, 1995.
c. A proposed resolution establishing City policy for collection of a
fee for stormwater impact upon subdivision or increase of impervious
,surface of property within the City and establishing City policy for
responsibility for construction drainage improvements with new subdivisions
CM Fournier motioned adoption of Resolution Establishing City Policy for Collection of a Fee for
Storm Water Impact Upon Subdivision or Increase of Impervious Surface of Property Within the
City, and Establishing City Policy for Responsibility for Construction of Drainage Improvements
Within New Subdivisions. Seconded by CM Black. All in favor. Motion carried
Discussion: CM Fournier said to let the record show that fees will be establish later at a hearing.
CM Heidner questioned part 1. CUP for a sign, which wouldn't cause impact, would Engineer still
have to sign off. Mr. MacArthur said only for land use changes.
• - .i I I• •
e •se -• - , •I - .• , l$ 6�
,stormwater drainage user fee throughout the City.
CM Black motioned adoption of Resolution Establishing a Surface Water Management Impact
Fee Within the City of Otsego. Seconded by Fournier. All in favor. Motion carried.
7.2. Any other Legal Business
a Public Hearing to Consider Renewal of Display (set-up) liquor license for
Riverwood Conference Center
Mayor Freske opened Hearing at 8: 20: PM. He asked if the proper notice and publishing had been done
Elaine Beatty said yes.
Mr. MacArthur stated this is a standard hearing
Mayor Freske open to the Public for comments: THERE WERE NONE.
CM Fournier motioned to close Hearing. Seconded by CM Ackerman. All in favor. Motion
carried.
CM Black motioned to renew the Display (set up) Liquor License for Riverwood Conference
Center. Seconded by CM Fournier. All in favor. Moiton carried.
Discussion: Elaine Beatty noted this has been cleared by the Sheriffs Department. CM Fournier
explained that this renewal is done annually.
Otsego City Council Meeting of March 27, 1995, cont'd. Page 4.
Item 9.5. MACTA. Mr. MacArthur explained that basically this Ordinance is to have the City control
over alternative telecommunications, not just your standard vocal or telephone lines, it would allow city
to collect fees on enforcement costs, licensing, allow to collect fees in damage for use of right of way.
Attorney said is seems like a good idea.
CM Black motioned to pass Resolution showing support in proposed legislature. Seconded by CM
Heidner. All in favor. Motion carried.
CM Fournier asked the attorney if there was new information on Point of Sale Ordinance regarding
jurisdiction. Mr. MacArthur still feels they don't have the jurisdiction, this hasn't been confronted with
directly. The County is going under very broad language. Wyman Nelson's letter didn't provide him with
the information he needed
Mr. MacArthur said he looked at the DNR Grant Contract. His only question was on the In -Kind Work.
Elaine Beatty will check with Merlin Otto on this.
8. Larry Koshak, City Engineer
8.1 CSAH #37 and Odean project contract and cost distribution
CM Black motioned to sign agreement between Wright County and City of Otsego. Seconded by
CM Fournier. All in favor. Motion carried.
Discussion: CM Fournier was concerned with the County not participating in the easement right-of-way
acquisation .Mr. Koshak said we did get the County to accept payment for damage and right-of-way for
Praught, Kolles and Kasper amounting to $12,000.00 out of the $33,000. CM Heidner questioned in the
Contract, Page 4, Engineering costs based on percentage and asked if that is unusual? Mr. Koshak
replied, yes, and They won't budge on this, they will only pay 11%. CM Fournier asked about Article 6,
Page 5. Mr. Koshak said he has approval from Frankfort and that detour should only be for three weeks.
CM Fournier asked when construction will start. Mr. Koshak said when the easements are purchased.
This should be done this week. This project should be able to go out for bids at the next council meeting.
8.2. Street standards (Including Industrial Street Section). (attached)
Mr. Koshak explained that the Street Standards haven't been changed since they were adopted for the
Township. A section has been prepared for Industrial Streets for your approval.
Kevin Kielb went over the Street Standards (attached) showing how specifications will be updated. New
requirements have been added to industrial and commercial.
Mr. Koshak will prepare a Resolution for consideration for City Council Meeting of April 10, 1995.
8.3 Consider Feasibility Report for Mississippi Shores Addition 1-7 (Overlay)
CM Black recommended moving ahead with this and notice Hearing including the mailbox supports
informing the residents of this. Mayor Freske agreed saying the mailbox support could be removed.
The Council also discussed the costs, the size, replacements and presentation.
There was discussion on the mailboxes: the costs, the size, replacements, presentation,
CM Black motioned to accept the Feasibly Study for Proposed Bituminous Street Reconstruction
and Overlay including the Mailbox Supports for Mississippi Shores 1st, 2nd, 3rd, 4th, 5th, 6th and
7th Additions. Seconded by CM Heidner. All in favor. Motion carried.
CM Fournier motioned to set the Public Hearing for May 15, 1995, at 7 PM. Seconded by CM
Black. All in favor. Motion carried.
Discussion: CM Heidner requested to have an alternative mailbox support option to include multiple
support.The City Council agreed.
111
Otsego City Council Meeting of March 27, 1995, cont'd. Page 5.
8.4. Discuss Co. #11 East of State Hwy #101 update on driveways
Koshak reviewed his letter of March 17, 1995 (see attached). A city street will not be constructed as
access to the "Old Plude Bus Shop" and flag lot. The State will contact Mr. Farkus regarding his
driveway issue.
8.5. Any other Engineering Business
70th Street (MnRoad Project) The State is in the process of turning back this road to the City.
Mr. Koshak will try to get this street seal coated and striped.
Quale Avenue: Mr. Koshak submitted to District 3, (originally in the Metro District), for possible
cooperative agreement funds, (between 70 and 65th). Mr. Koshak reviewed, previously we couldn't
come to an agreement with the property owners. The State decided to build access road from 62nd Street
through Frankfort. We received a letter back from District 3 stating if funds are available they will put it
on their program for construction.
CM Black motioned to have the City Council take a position that no more work is done on Quale
Avenue from 70th Street to 65th Street. Seconded by CM Heidner. All in favor. Motion carried.
CMFournier said the Planning Commission will start the hearings for amendments and they want
formulas explained to them, and could you explain it to them .
CM Heidner express concern with the costs, they should have attended the hearing if they were
concerned.
City Council agreed not to have Engineer attend the Planning Commission meeting.
9 CITY COUNCIL ITEMS:
9.1 Boards and Commissions:
a EDAAC
CM Fournier informed the Council that the next meeting is April 3, 1995, 7 PM.
la Consider resignation of Dennis McAlpine Reappointments
CM Fournier motioned to accept Dennis McAlpine's resignation from the Planning Commission
and send a letter of appreciation. Seconded by CM Black. All in favor. Motion carried.
CM Heidner motioned to appoint Arleen Nagel as a regular member to the Planning Commission,
replacing Dennis McAlpine's term. Seconded by CM Fournier. All in favor. Motion carried.
CM Black motioned to appoint Richard Nichols as first alternate to the Planning Commission.
Seconded by CM Heidner. Voting For: Mayor Freske, CM Heidner, CM Black, CM Ackerman,
Voting Against: CM Fournier. Motion carried four to one. CM Fournier wants the record to
show that he opposed this because he didn't want to lose Mr. Nichol's leadership qualities at the
EDAAC.
c. Parks and Recs. Commission
CM Ackerman reported that Floyd Roden received a plaque from the Parks and Recs. in recognition of
his contribution.
Bulow Acres. The Park and Recs. said no and to turn this issue back to the City. They said there were
too many wetlands, maybe this area would be more feasible for holding ponds.
Bike Rodeos May 20, 1995.
Treasurer for Park and Recs. They agreed not to have one.
Purchase of Trailer They wanted to know if maintenance would go in on it.
,Sign: CM reported that the Sign is here. Judy Hudson said that the City needs a site plan.
Otsego City Council Meeting of March 27, 1995, cont'd. Page 6.
Rocket Class. July 17, 1995 here at City Hall
Roving Playground. CM Ackerman said the Parks and Recs. are looking into this.
Communications between Wright County Parks, Bruce Thelen and Otsego Parks and Recs.
Elaine Beatty reported that Bruce Thelen is concerned and upset from a phone conversation he had with
Jeff Ashfal informing him that we didn't want to do any more joint events at the County Park. Jeff was
directed by the Otsego Park and Recs. that they would focus their events in the Otsego Prairie Park and
not the County Park.
CM Black requested Elaine Beatty to find out where communications are coming from. Action like this
should be reflected in the Park and Recs. Minutes. He also said the Council should seriously consider
have a staff member take minutes at the Park and Recs. meetings.
CM Black motioned to have the City Clerk investigate source of communication that the City will
not cooperate with the Wright County. Seconded by CM Fournier. All in favor. Motion carried.
d. Community Recreation Board
CM Heidner referred to the minutes from the last meeting. In the minutes it says that Otsego will be
paying for the additional staff person for Community Rec. Board, and will Otsego be reimbursed.
CM Black explained that Jeff Ashfal has been working with Jerry Perrault balancing the account. CM
Fournier was concerned with the City paying more than their assessment.
Mayor Freske asked for a full report for the next council meeting.
A 0 0- 0
The meeting set for March 30 has been canceled.
Dave Chase reported that they are starting to crack fill. Larry Koshak and Dave will check out 85th
Street.
CM Heidner briefly went over his meeting at Albertville about sharing services with several local
communities.
f. Otsego Creek Authority
CM Heidner reported that the next meeting is at Albertville, April 12, 1995 at 7 PM.
The Engineer said information should be submitted to DNR for next meeting.
:III .i- •IIu --
CM Black informed the Council that the Adm Sub -Committee hasn't met since the last Council meeting.
La. Consider Business and Finance Director
CM Black motioned to have CM Fournier and Mayor Freske contact candidate. Seconded by
Mayor Freske. Voting for: CM Black, CM Ackerman, Mayor Freske. Voting Against: CM
Fournier and CM Heidner. Motion carried three to two. Discussion: CM Heidner questioned if this
motion is necessary since this was dealt with at the closed meeting prior to this meeting. CM Fournier
wanted this motion done here because the other meeting was closed.
9.2 Consider screens for City Hall - Deputy Clerk
Judy Hudson clarified that installation fee is not included in the quote.
CM Fournier motioned to accept quote of $2,749 for Projections Screens and have vendor install
them. Seconded by CM Heidner. All in favor. Motion carried.
9.3 Discuss Otsego/Dayton sharing services - Possible Sub -Committee Appointment
Mayor Freske appointed CM Heidner and CM Black. They accepted.
9.4. Consider possible $2,000.0 budget for Historic Preservation Commission
CM Black suggested to defer this consideration until the Commission can review their costs.
9.5 Consider MACTA - Re Telecommunications (I ,MC Feb. 22, 1995 Letter)
Previously discussed under Item # 7.
Otsego City Council Meeting of March 27,1995, cont'd. Page 7.
• • w • • •.• -
CM Fournier thought the intent is to let the DNR know how much Otsego spent. CM Black suggested
contacting our Representatives, Senators and Governor Carlson informing them the amount of money we
had to spend on this issue.
• •• •- • •• •�• \I . ••• A 011 1 .•• •. IJ 11 )-•
CM Black motioned to proceed with purchasing a complete set of recorded plats from the Wright
County Surveyors Office. Seconded by CM Heidner. All in favor. Motion carried.
9.8 Discuss Dave Licht's Memo's from 3-14-95 on Visioning and Inter -Communications
Mayor Freske tried calling Buffalo and wasn't able to connect with them and he will try again.
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The Mayors Prayer Breakfast will be held on April 28, here at Otsego City Hall.
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The Council decided to defer this issue and to be addressed by the Finance Director.
9.12 Any other Council Business
• Currently at $25,000 should go to $75,000.
The Council decided to defer this issue and to be addressed by the Finance Director.
Sheriffs Letter: Council suggested to have Mayor Freske attend meeting.
Tornado Awareness Week: Thursday, April 27, 1:45 PM (Mock Trial). This item was directed to CM
Black.
Historic Preservation:
CM Black motioned to appoint Norm Schwanbeck as the seventh member of the Historic
Preservation. Seconded by CM Heidner. All in favor. Motion carried.
Annexa ion: Regarding briefs. Council wants the issue regarding fire protection to be noted very
strongly.
9.13 Pay any hills
Claims 376 through 417 conclusively.
9.14 Adjourn by 10 PM
CM Fournier motioned to adjourn. Seconded by CM Black. All in favor. Motion carried.
,I• 1 -- 0,1-
•••
Mayor Nj man F. Freske
Ron : Id G. B ack, Council Member
Suzanne M. rong Ackerman, Council Member
CITY SEAL
udson, Deputy Clerk
Larry F/ rnier, Council Member
Vern Heidner, Council Member
CITY OF OTSEGO
ENGINEER'S AGENDA ITEMS
CITY COUNCIL MEETING
3/27/95
Item 8.1 - CSAH37 AND ODEAN PROJECT
1. Contract between City and County. Consider authorization of the mayor, clerk and
attorney to sign agreement with Wright County.
2. Find attached a copy of the various cost breakdowns needed for the administration of
this project.
A. Breakdown for State Aid purposes in three subprojects.
1) County state aid.
2) Municipal state aid.
3) Municipal state aid off system
B. Breakdown per County policy established for joint project with cities over
5,000 population.
3. As soon as the contract is signed by both City and County and we've acquired the
easements and paid for the same, the Council can consider advertising for bids.
Item 8.2 - STREET STANDARD
We prepared a street section for industrial use. This type of street section was missing from
the City's street standards. We also took the opportunity to revise the street standards and
update the manual. The standards still had the Township label. We also brought the standards
up to date on Mn/DOT specifications.
Request consideration to adopt the revised standards. If you wish to have some time to review
the material, this matter could be delayed for a future meeting.
Item 8.3 - MISSISSIPPI SHORES ADDITIONS 1-7 (OVERLAY)
Consider accepting the feasibility and setting the public hearing date. We will give the
Council a brief overview of the report at this meeting. Find attached a copy of the report.
Item 8.4 - CSAH37 EAST OF TH101 ACCESS ISSUE
NAC and our firm reviewed the area east of TH101 on CSAH37 for future street patterns and
land use. We presented that data to the Council at the second Council meeting in February.
After being given direction by the Council, I scheduled a meeting with Mn/DOT on this
matter. In a follow up letter to Elaine, we noted that Mn/DOT and I agreed that the access
should be a Mn/DOT and/or County issue at this time and not a City matter. It is premature
to locate and construct a street in this area. However, as stated in our letter dated 3/17/95, the
City had previously approved the intersection configuration. The center isle length and
location are considered a non-negotiable item at this time. It appears that the final resolution
is that the old Plude Bus shop and Flag lot property will access CSAH37 at a single access a
short distance east of the present access to the old bus shop. The residential property east of
the access owned by Scott Farkas will not be impacted except for being limited to a single
access onto CSAH37. The City will be asked at a later date to approve the final plans for this
TH101 project.
Item 8.5 - ANY OTHER ENGINEERING BUSINESS.
coopagmt\otscgo
AGREEMENT NO. 94-1
WRIGHT COUNTY
DEPARTMENT OF HIGHWAYS
FUNDING PARTICIPATION AND CONSTRUCTION AGREEMENT
BETWEEN
THE COUNTY OF WRIGHT
and
THE CITY OF OTSEGO
For
CONSTRUCTION OF IMPROVEMENTS FOR:
SAP 86-637-22
CSAH 37 - GRADING, AGG. BASE, SURFACING, AND INTERSECTION IMPROVEMENTS
COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into by and between the County of Wright,
Minnesota, acting by and through its County Board of Commissioners hereinafter referred to as the
"County" and the City of Otsego, Minnesota, acting by and through its City Council, hereinafter
referred to as the "City".
WITNESSETH:
WHEREAS, plans and specifications have been prepared for the improvement of County
Highway, hereinafter referred to as CSAH 37, and said construction plans are designated as
Project No. 94-2 with specific projects shown for CSAH 37 (SAP 86-637-22) (MSAP 217-020-02)
and ODean Avenue (MSAP 217-105-01).
The project includes, but is not limited to, street reconstruction, curb and gutter, drainage
improvements, and other intersection improvements within the corporate limits of Otsego, and
WHEREAS, a Cooperative Agreement between the County and the City outlines the
responsibilities and financial commitments for the proposed project.
NOW THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD THAT:
Article 1
The City shall construct or cause to be constructed a project of street improvements including,
roadway, drainage, and other miscellaneous intersection improvements upon or along CSAH 37
within the City limits in accordance with the approved plans and specifications on file in the Office of
the County Engineer, Wright County Minnesota.
Article 2
It is agreed that upon completion of and acceptance of the work as to quantity and quality by the
County, the Engineer shall determine the actual amount due from the County in accordance with the
following funding participation schedule:
1. CSAH 37 & O'DEAN AVE CONSTRUCTION URBAN SECTION:
(Sta 11+84 to 18+73 Lt., 20+17 Rt.)
This area is to be reconstructed to an urban section (curb and gutter) with drainage
improvements. This participation is consistent with Wright County's existing funding
policies.
Funding Participation
County City
Grading Items 80% 20%
• Common Excavation, Tile, Borrow, Agg. Base
• Turf Establishment
• Removal Items
Bituminous Surfacing (Wear/Non-Wear)
Curb & Gutter, Sidewalks, Entrance Pour -Backs
2
80% 20%
0% 100%
Storm Sewer
Signing/Striping
Utility Relocation
Retaining Walls
R/W Acquisition
(see Article 2D)
Funding Participation
County City
(*A) (*A)
100% 0%
0% 100%
50% 50%
0% Up to 100%
2. CSAH 37 CONSTRUCTION RURAL SECTION:
(Sta 0+40 to 11+84 & 18+73 Lt., 20+17 Rt. to 22+00)
This area is to be reconstructed to a rural section (shoulders and ditches). This participation
is consistent with Wright County's existing funding policies.
Grading Items
• Common Excavation, Tile, Borrow, Agg. Base
• Turf Establishment
• Removal Items
Bituminous Surfacing (Wear/Non-Wear) 100 % 0%
Signing/Striping 100% 0%
Utility Relocation 0% 100%
Retaining Walls 50% 50%
Curb & Gutter 0% 100 %
R/W Acquisition 0% Up to 100%
(see Article 2D)
Funding Participation
County City,
100% 0%
NOTES: ARTICLE 2:
A. The County will participate on storm sewer related items based on the (%) of contributing
flow as determined by the State Aid Hydraulics Engineer.
B. County will participate in the engineering costs (design and construction) based on the
sliding fee schedule as follows:
The maximum allowed for engineering services will be based on the size and complexity of
the project. The following maximum percentage amounts will be paid to the cities and
townships who have a plan approved by all required agencies and an agreement with the
County for which payment will be based on final total contract amount upon completion and
acceptance of the project. The final reimbursement shall be computed using the appropriate
% below times the County's portion only of the contract costs.
3
From $ 0 thru $ 50,000 up to 18% of Contract Amount
Over 50,000 thru 100,000 up to 16% of Contract Amount
Over 100,000 thru 250,000 up to 13 % of Contract Amount
Over 250,000 thru 500,000 up to 11% of Contract Amount
Over 500,000 thru Indefinite up to 10% of Contract Amount
Contributions to cover engineering costs shall be based on the above rates and shall cover all
Preliminary and Construction engineering costs. Preliminary engineering includes feasibility
studies, plan and specification development and hearings. Construction engineering includes
inspection, testing, staking, engineering supervision, etc.
It is the intent that the County will not do any construction engineering on this project. If
there would be a small amount done by the County, the City of Otsego will not be billed for
these services by the County
C. Mobilization and Traffic Control costs are to be split based on the ratio of County costs
versus the entire project costs.
D. All right-of-way costs and other acquisition costs are the responsibility of the City except
in the following matters:
Parcel B - Jerome Kolles
Damages paid to relocate feed lot to facilitate removal
of old wooden cattle pass $10,200.00
Parcel A - Fred R. Kasper
Right-of-way acquisition cost paid to facilitate removal
of old wooden cattle pass $1,480.92
Parcel H - Donald Praught
Right-of-way acquisition cost paid to facilitate removal
of old wooden cattle pass $344.40
The County shall reimburse the City for the right-of-way and damage costs indicated above within 30
days of receipt of notice that the claims have been paid. The City agrees to supply the County with a
right-of-way plat to the specification of the Wright County Highway Department.
It is intended that the work outlined above in Article Two is to be done by a contractor on a unit
price basis through a contract duly let by the City. At such time as the City awards a contract and
the County concurs in such an award the City will prepare a new estimate of the County's share of
the construction cost based on the unit prices bid by the City's contractor. A copy of such revised
cost estimate will be forwarded to the County.
4
Article 3
The City shall be responsible for all field inspection of materials, quantities, and contractor
performance for the road improvement project. The County will reimburse the City for Engineering
fees per the County's funding policy. This policy provides for a graduated reimbursement scale based
on the total bid cost. The County will reimburse the City at the appropriate percentage times the
County's share of the final project costs as outlined in Article Two, unless the County requests
inspection services beyond the standard requirements and testing procedures for normal State funded
projects. The City Engineer will also be required to provide the proper oversight to comply with the
Little Davis Bacon Act, TGB, EEO and MPCA requirements. The City Engineer shall check
contractor payrolls and resolve any problems with regard to discrepancies in paying the proper wage
rates. The City Engineer must certify to the County that they have monitored the wage rates and the
contractor and subcontractors have complied with the wages as specified.
Article 4
Upon completion of the work the City Engineer shall submit a certificate of performance which
indicates that he inspected the work and it complies with the plans and specifications. The City
Engineer will notify the County of the final amount of the County share based on the actual quantities
used and the funding participation amounts shown in Article Two. The County Engineer shall review
this amount and approve it prior to processing any final payment to the City. The County shall be
responsible for reimbursing this amount to the City within 30 days of approving the final payment
amount. The City Engineer shall prepare for the County a reproducible as -built plan of the roadway
improvements. This reproducible plan shall be submitted to the County within six months of the final
completion of the project.
Article 5
The City has been contracting with the County for maintenance work on ODean Avenue since the
roadway was turned over to the City. Once this intersection improvement project is completed the
City agrees to take over full maintenance responsibilities for O'Dean Avenue.
Article 6
A traffic detour is provided for in the plans and specifications. A portion of this detour uses 60th
Street N. E.. The City of Otsego shall obtain approval from Frankfort Township to use this roadway
as a detour route. There are provisions in the plans and specifications for the maintenance of this
roadway. This may require the additional gravel base material to be added to the roadway prior to or
during the detouring of traffic. Prior to material being added to the roadway the City shall notify the
County of the need to add more material to the existing roadway in order to adequately carry traffic.
There shall be mutual agreement between the City and the County with respect to the quantity of
material that is added. The cost split for this material shall be based on the ratio of cost of the CSAH
project in relation to the entire project cost and the MSAS project cost in relation to the entire project
cost.
Article 7
The City shall indemnify, save and hold harmless the County and all of its agents and employees of
any form against any and all claims, demands, actions or causes of action of whatever nature or
character arising out of or by reason of the execution or performance of the work provided for herein
to be performed by the City. The County shall indemnify, save and hold harmless the City and all of
its agents and employees of any form against any and all claims, demands, actions or causes of action
of whatever nature or character arising out of or by reason of the execution of performance of the
work provided for herein to be performed by the County.
5
It is further agreed that any and all full-time employees of the City and all other employees of the
City engaged in the performance by any work or services required or provided for herein to be
performed by the City shall be considered employees of the City only and not of the County and that
any and all claims that may or might arise under Workmen's Compensation Act of the State of
Minnesota on behalf of said employees while so engaged and any and all claims made by any third
parties as a consequence of any act or omission on the part of said City employees which so engaged
on any of the work or services provided to be rendered herein shall be the sole obligation and
responsibility of the City.
Article 8
The County indemnifies, saves, and holds harmless the City and all of its agents and employees of
any form against any and all claims, demands, actions, or causes of action whatever nature or
character arising out of or by reason of the execution or performance of the work provided for herein
to be performed by the County and further agrees to defend at its own sole cost and expense any
action or proceeding commenced for the purpose of asserting any claim of whatsoever character
arising hereunder and within the corporate limits of the City of Otsego.
It is further agreed that any and all full-time employees of the County and all other employees of the
County engaged in the performance by any work or services required or provided for herein to be
performed by the County shall be considered employees of the County only and not of the City and
that any and all claims that may or might arise under Workmen's Compensation Act of the State of
Minnesota on behalf of said employees while so engaged and any and all claims made by any third
parties as a consequence of any act or omission on the part of said County employees while so
engaged on any of the work or services provided to be rendered herein shall be the sole obligation
and responsibility of the County.
Article 9
Before this agreement shall become binding and effective it shall be approved by the City Council of
Otsego and it shall also be approved by the County Board and such other officers as law may
provide.
IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized
officers and caused their respective seals to be hereunto affixed.
COUNTY OF WRIGHT
Recommended for Approval:
CITY OF OTSEGO
Recommended for Approval:
County Engineer Date City Engineer, Otsego Date
Chairman, County Board Date Mayor, City of Otsego Date
County Coordinator Date City Attorney, City of Otsego Date
County Attorney
Date
6
Administrator, City of Otsego Date
Hakanson
Anderson
Assoc., Inc.
March 17, 1995
Ms. Elaine Beatty
City of Otsego
8899 Nashua Ave. N.E.
Otsego, MN 55330
RE: TH101 and CSAH37 (East)
Dear Elaine:
Item 8.4
222 Monroe Street
Anoka, Minnesota 55303
612/427-5860
Fax 612/427-3401
On Tuesday 3/14/95, I met with Tim Johnson, Project Engineer and Cheri L. Olson, Design
Project Supervisor, on the matter of access to CSAH37, east of TH101. The area of concern is
shown on the Preliminary Plan dated 12/6/94.
MN/DOT's position is that the preliminary plan was approved by the City after the hearings in
1992. The location of center island and lane configuration are set and designed to serve traffic
conditions into the future. The length of the center island is approximately the same as the west
side of TH101. This configuration will be needed for ultimate development to provide stacking
distance, freedom of movement, and lane changes. Ultimately the intersection will be signalized.
The primary concern is access onto CSAH37. The preliminary plan shows access being
provided four properties on the north side. To do this a City Street would need to be constructed
to city standards. To secure 60 feet of R.O.W. some mitigation will be necessary due to loss of
property by the landowners. Building set backs then will not meet City ordinances. The
homeowner at 16498 70th Street has protested removal of trees from his property to facilitate
construction of the street.
It is our opinion in review of the area east of TH101 that the access city street location shown
would not be the location for a future collector street. However, the Frontage Road Access
Street would need to be crossing CSAH37 further east. The access shown at Station 395 should
therefore serve only local needs. At the present time, I would assume that the " Old Plude Bus
Shop" and the flag lot to the rear (north) should access CSAH37 at the same location without a
city street to provide that access.
The owners at 16498 70th Street would enter negotiations with MN/DOT for loss of one of two
driveways and location of a single drive.
Engineers Landscape Architects Surveyors
Page Two
March 17, 1995
In doing the above, access is now a MN/DOT and County issue. The City will not need to take
over another street nor maintain an access to those properties. MN/DOT will be meeting with
the homeowner at 16498 70th Street and the other landowners to discuss options on access.
This action should resolve the matter for the City unless there are other issues we are not aware
of at this time.
Yours truly,
HAKA ASN ANIIERSON ASSOCIATES. INC.
ence . Koshak, P.E.
/kas
cc: Andy MacArthur, Radzwill Law Office
Bob Kermis, NAC
Wayne Fingalson, Wright County
Cheri Olson, MN/DOT (Golden Valley)
File: OT3:11-13
The League urges cities to adopt the following resolution in support of S.F. 568 (Johnson, J.), the
Emerging Communications Acts of 1995, and to send a copy to local legislators requesting their
active support of this bill.
RESOLUTION NO. 95-1 5
RESOLUTION SUPPORTING PASSAGE OF THE "MINNESOTA EMERGING
COMMUNICATIONS SERVICES ACT OF 1995"
WHEREAS, the City of Otsego (City) is responsible for monitoring the
operation and activities of cable communications in the City, and
WHEREAS, the City provides coordination of administration and enforcement of the cable
franchise; promotes the development of locally produced cable television programming; and
conducts such other activities to ensure equitable and reasonable rates and service levels for the
citizens of City, and
WHEREAS, it is the intent of the cable franchise to ensure the development and continued
operation of a cable communications system so that the City may achieve better utilization and
improvement of public services and contribute significantly to the communication needs of its
residents, and
WHEREAS, in pursuit of these goals the City has granted to private interests the use of Public
Property and Public Right -of -Way.
NOW, THEREFORE, at a regular meeting of the Otsego City Council dated
March 77, , 1995, the City endorses the "Minnesota Emerging Communications Services
Act of 1995" and encourages its adoption by the Minnesota State Legislature for the following
reasons:
FINDINGS
1. Public Property and Public Rights -of -Way are valuable public assets and Local
Authorities are entitled to ensure that the public is benefitted, compensated, protected and able to
access and share in the use of any Emerging Communications Services that makes use of those
Public Rights -of -Way by a private for-profit provider.
2. There is a wide range of Persons seeking to use Public Property and the Public Rights -of -
Way to deliver video, voice and data services and all such Persons should be treated similarly by
State and Local Authorities.
3. Existing state statutes do not adequately address these Emerging Communications
Services.
4. Local Authorities are well equipped to analyze and implement the needs and interests of
the local citizen/consumer, and protect taxpayers' investment in Public Property and Public
Rights -of -Way.
CONCLUSION
The City concludes that Local Authorities must have the authority to require Emerging
Communications Services utilizing Public Property and Public Rights -of -Way to:
1. Obtain permits and comply with minimum state standards and existing local standards for
use of Public Property and Public Rights -of -Way.
2. Prohibit redlining and uphold nondiscrimination standards.
3. ' Oversee the design of local communications infrastructure to ensure the meeting of
community needs which includes ensuring that a portion of the public capacity being delivered
on a city, county and school district specific basis as determined by Local Authorities.
•
4. Allow Local Authorities to receive compensation for use of Public Property and Public
Rights -of -Way.
The City further concludes that existing local authority must be implemented with local
permitting authority which:
1. Enforce compliance with financial, technical, legal and connectivity standards.
2. Authorizes local collection of fees to compensate Local Authorities for both the use of
and decrease in the value of Public Property and Public Rights -of -Way as a result of the
construction of and occupancy by Emerging Communications Services.
3. Assures delivery of Emerging Communications Services to Local Authorities and School
Districts.
This Resolution passed and adopted by the City this 22 day of Marrh , 1995.
City of
Otsego
By
Its
'111 y ,
Norman F Freske, Mayor
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.A513
RESOLUTION ESTABLISHING CITY POLICY FOR COLLECTION OF A FEE FOR
STORM WATER IMPACT UPON SUBDIVISION OR INCREASE OF IMPERVIOUS
SURFACE OF PROPERTY WITHIN THE CITY, AND ESTABLISHING CITY POLICY
FOR RESPONSIBILITY FOR CONSTRUCTION OF DRAINAGE IMPROVEMENTS WITHIN
NEW SUBDIVISIONS.
WHEREAS, the City of Otsego has directed the City Engineer to
undertake a Storm Water Drainage Report for the City; and
WHEREAS, the City Engineer has completed such a report, and said
report, dated February, 1994, has been presented to the Council for
their review, and a public hearing was held on January 13, 1995 to
present the results of a preliminary draft of said report to all
interested members of the public; and
WHEREAS, said report indicates that there are extensive drainage
problems throughout the City, and divides the City into several
distinct watersheds; and
WHEREAS, the report recommends that specific funding mechanisms be
established to construct needed drainage improvements, acquire
necessary drainage easements, repair and maintain existing
facilities, and insure that those adding to the potential drainage
problems pay a fair and equitable share of the expenses
attributable to their activities; and
WHEREAS, the City Engineer has specifically recommended that a
system be established wherein those persons increasing the
impervious surface area of their property be assessed a specified
fee at the time that City approval for such increased impervious
surface area is obtained, said fee to fairly and equitably
represent the affect of such increased impervious surface area upon
the City storm water system; and
WHEREAS, the City Engineer has further recommended that the City
establish a specific policy regarding the responsibility for
construction of necessary drainage improvements when land is
subdivided within the City, or in cases where drainage improvements
are a necessary or required condition of granting a minor
subdivision, a conditional use permit, a Planned Unit Development,
or in any other case where changes in the land will affect drainage
and are subject to City review; and
WHEREAS, the City Engineer has recommended a policy wherein the
Developer, Property Owner or Applicant for any City reviewed land
w
use change would be responsible for construction of all necessary
drainage improvements as required by the City within the
subdivision or the subject property; and would also be responsible
for a separate fee, said fee to be based upon engineering studies
and feasibility reports establishing the affect of the proposed
land use change on city drainage, for the impact of the
improvements and increased impervious surface area on the City's
overall storm water system; and
WHEREAS, the City needs to acquire all necessary drainage easements
to effectuate a city wide drainage system at the time of review of
any proposed land change which will affect drainage.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of
Otsego, Minnesota:
1. That it is the policy of the City of Otsego that prior to
approval of any minor subdivision, plat, conditional use permit,
planned unit development, or other land use change (hereinafter
collectively referred to as "land use change") which will be
reviewed by the city which requires drainage improvements that:
A. A determination be made by the City Engineer as to what
drainage improvements are necessary within the proposed
land use change.
B. That the Developer, property owner, or applicant (hereinafter
collectively referred to as "applicant") provide proper plans
setting forth the location, capacity and other necessary
information regarding said drainage improvements.
C. That the Applicant enter into an agreement with the City,
as a condition of approval, in which .the Applicant agrees to
construct the aforementioned drainage improvements to the
satisfaction of the City and further agrees to post, along
with other necessary financial guarantees, an amount of
security sufficient to insure proper installation of said
improvements upon terms and in form acceptable to the City.
D.That, as a condition of approval of said land use change,
that the Applicant dedicate to the City all necessary
drainage easements related to the impact of the land use
change on drainage, as determined by the City.
2. That it is the policy of the City of Otsego that prior to
approving any land use change, lot split, or building permit, the
granting of which is for the purpose of construction which will
affect drainage within the City, the City will require, as a
condition of approval, that the property owner pay to the City a
fee, as established by engineering studies or feasibility reports,
to cover the impact of additional storm water from said property on
the city system.
ADOPTED by the City Council of the City of Otsego this
day of 7r)aGC-AC) , 1995.
IN FAVOR:
OPPOSED:
E aine Beatty, City Cle
•
Norman -V. Freske, Mayor
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.95-14
RESOLUTION ESTABLISHING A SURFACE WATER MANAGEMENT IMPACT FEE
WITHIN THE CITY OF OTSEGO.
WHEREAS, the City of Otsego has directed the City Engineer to
undertake a Storm Water Drainage Report for the City; and
WHEREAS, the City Engineer has completed such a report, the
preliminary draft, dated December, 1994, has been presented to the
Council for their review, and a public hearing was held on January
13, 1995 to present the results of said report to all interested
members of the public; and
WHEREAS, said report indicates that there are extensive drainage
problems throughout the City, and divides the City into several
distinct watersheds; and
WHEREAS, the report recommends that specific funding mechanisms be
established to construct needed drainage improvements, repair and
maintain existing facilities, and insure that those adding to
potential drainage problems pay a fair and equitable share of the
expenses attributable to their activities; and
WHEREAS, the City Engineer has specifically recommended that a fee
system be established throughout the City to pay for ongoing
operation and maintenance of drainage improvements, such system
being based upon an equitable formula relating to the amount of
impervious surface area on each individual property within the
City; and
WHEREAS, the City Council has determined that such a fee would most
fairly be implemented as a yearly charge against properties within
the City based upon a fair and equitable formula proposed by the
City Engineer, and which will be approved as to specific fee
amounts by further resolution of the City Council, after public
hearing.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of
Otsego, Minnesota:
1. That there is hereby established a fee for every lot within the
City which contributes to City drainage problems due to the
impervious surface area of the property owners lot or lots.
2. That said fee is established upon the City Engineer's
determinatioft of a Standard Residential Equivalency Parcel (REP)
and multiples of the same.
3. That the annual fee for properties within the City shall be
established on a per REP basis as established by further resolution
of the City Council, after public hearing. The determination of the
number of REPS for each property owner shall be calculated by
application of the formulas set forth by the City Engineer and
approved by the City. The amount of the fee per REP may be amended
on a yearly basis by further resolution of the City Council.
Passed and adopte b the City Council of the City of Otsego this
,9. ?i day of 4�6,4i/, 1995.
IN FAVOR:
OPPOSED:
Elaine Beatt , City Cle
•
Nor h F. Freske, Mayor
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
AMENDMENT TO CITY OF OTSEGO
ORDINANCE 24-1
RELATING TO LOCAL IMPROVEMENTS AND SPECIAL
ASSESSMENTS AND ESTABLISHING A GENERAL POLICY
MODIFYING SECTION 24-1-3c REGARDING ASSESSMENT
POLICY FOR STORM SEWERS
ORDINANCE NO. 95-4
The City Council of the City of Otsego ordains the following:
Section 1. Otsego Ordinance No. 24-1 is amended to read as
follows:
Deleting existing Section 24-1-3c, Storm Sewers, which section
reads as follows:
C. Storm Sewers. Cost for construction of storm sewers shall be
assessed against the property in the area served by the sewer
on the basis of the square footage of the property. The area
to be assessed shall be determined on the basis of topographic
maps and other pertinent data.
1. Within new developments, the total costs of constructing
storm sewer improvements shall be a part of the Letter of
Credit or other security provided through the Developer's
Agreement.
Add new section 24-1-3c, Storm Sewers as follows:
C. Storm Sewers. Cost for construction of storm sewers shall be
assessed against the property in the area served by the sewer
on the basis of the equivalent square footage of the property.
The area to be assessed shall be determined on the basis of
topographic maps and other pertinent data. The equivalent
square footage for properties shall be determined in
accordance with rules or procedures adopted by council
resolution.
1. As a general policy, all properties are responsible for
a proportionate and equitable share of the costs of storm
sewer and surface water system components.
a) All individual properties or aggregation of
properties within a drainage area, development
area, or other defined area are responsible for the
total costs to construct storm sewer improvements
that serve the area, including lateral facilities
1
which are the surface water and storm sewer
drainage pipes, ditches and appurtenances that
provide service to smaller or local areas and trunk
facilities. Lateral facilities can consist of
portions of trunk facilities with the basic system
costs allocated to lateral service and the portion
of system cost associated with oversizing and/or
added depth as required for area service allocated
to the trunk system.
b) All individual properties or aggregation of
properties within a drainage area, project area,
development area, or other defined area are
responsible for providing ponding to reduce peak
runoff rates from developed property to the rates
from property in its natural state and to enhance
surface water quality.
c) All properties are responsible for an equitable
proportion of the costs of trunk storm sewer
facilities which are the larger surface or storm
water drainage pipes, ditches and appurtenances
that provide service to an entire area.
d) All properties
proportion of
utility system
replacement as
function.
are responsible for an equitable
the on-going costs of storm sewer
operation, maintenance,repair and
required for proper drainage system
2. Costs and charges for construction, operation and
maintenance of the surface water and storm sewer
management and control system will be allocated, assessed
or paid under statutory authority including the municipal
authority for zoning and subdivision control, the
municipal authority to charge for the use and
availability of storm sewer facilities, the municipal
authority to establish storm sewer tax districts, the
municipal authority to establish a storm sewer utility
and the municipal authority to construct and assess the
costs of public improvements as a benefit to properties.
Under this authority, surface water management and storm
sewer systems costs will be allocated, assessed and paid
as follows:
a) For all land use changes made under City zoning and
subdivision approval authority, properties will be
responsible, at the time of the land use change
approval, for total costs of construction of
required storm sewer improvements, for costs of
providing required ponding, and for proportionate
costs of the trunk drainage system.
2
b) To pay for the construction, reconstruction,
repair, enlargement, improvement, or obtainment of
storm sewer systems, including mains, holding areas
and ponds, and other appurtenances and related
facilities for the collection and disposal ofstorm
water, the city shall impose just and equitable
charges for the use and availability of the
facilities. Charges to individual properties shall
be as nearly as possible proportionate to the cost
of furnishing the service, or shall be just and
equitable. All charges shall be based upon
established statutory procedures, city ordinances,
resolutions, or by reference to procedures and
rules established by the city council pursuant to
statute, ordinance or resolution. Said rules shall
set forth the classification of properties based
upon the quantity and quality of storm water
produced, and other relevant factors. Such charges
shall be imposed to all eligible properties in a
project area at the time when facilities are
constructed for the use and availability of
properties and shall include the costs of storm
sewer improvements, required ponding and trunk
drainage.
c) A11 properties shall be responsible for a periodic
fee, charge or tax for on-going and continued
operation, maintenance and repair of storm sewer
facilities with such fee, charge or tax established
by municipal authority as a storm sewer taxing
district and/or under municipal authority for a
storm sewer utility.
Section 2. Effective Date. This Ordinance Amendment shall be
effective from and after its passage and publication according to
law.
ADOPTED this 27th day of March, 1995 by the Otsego City Council.
IN FAVOR:Norman F Freske, Mayor,
OPPOSED: and Suzanne Ackerman,
No one Was Opposed
Larry Fournier, Ron Black, Vern Bei(
Council Members
Elaine Beatty, City Clerk
Posted: 4/4/95
Published: Elk River Star News
CITY OF OTSEGO
on 3April 12,1995
. Freske, Mayor
ORDINANCE NUMBER: 95-5
AMENDMENT TO CITY OF OTSEGO
ORDINANCE 95+01SESTABLISHING MUNICIPAL
UTILITIES, RULES AND REGULATIONS RE-
GARDING UTILITIES, RATES AND CHARGES
AND COLLECTION OF UTILITY PAYMENTS
"I(ORDINANCE TO BE CODIFIED AS 12-1 ORIGNIAL ORDINANCE)
The City Council of the City of Otsego ordains the following:
SECTION 1. Otsego Ordinance No. 12-1 is amended to read as follows:
Delete existing Section 12-1-1 which reads as follows:
Section 1.
12-1-1: Purpose and Establishment of Utilities: There is hereby
established a Utilities Department. The water and sewer systems as
they are now constituted or shall be hereafter enlarged or extended
shall be operated and maintained under the provisions of this
Chapter subject to the authority of the City Council at any time to
amend, alter, change and repeal the same. The City Clerk shall have
charge and management of the water and sewer systems subject to the
direction of the City Council. The City Clerk may designate other
City employees to carry out duties and responsibilities under this
Chapter.
Add new section 12-1-1, as follows:
Section 1.
12-1-1: Purpose and Establishment of Utilities: There is hereby
established a Utilities Department. The water, sanitary sewer, and
storm sewer and drainage systems as they are now constituted or
shall be hereafter enlarged or extended shall be operated and
maintained under the provisions of this Chapter subject to the
authority of the City Council at any time to amend, alter, change
and repeal the same. The City Clerk shall have charge and
management of the water, sanitary sewer, and storm sewer and
drainage systems subject to the direction of the City Council. The
City Clerk may designate other City employees to carry out duties
and responsibilities under this Chapter.
Delete section 12-1-2, 2 which reads as follows:
2. "Municipal Utility" means any City owned utility system,
including, but not by way of limitation, water and sewer service.
Add new section 12-1-2, 2, as follows:
2. "Municipal Utility" means any City owned utility system,
including, but not by way of limitation, water service, sanitary
sewer service, and storm water sewer and/or drainage service.
Delete section 12-1-3 which reads as follows:
12-1-3: Mandatory Connection To Public Systems: It shall be
unlawful for any person to install or hook up to a private water
system which is intended to provide water for human consumption or
to install or hook up to a private sewer system in the City, except
in cases where the public water or sewer systems are not accessible
to the premises requesting installation or hook up. The City Clerk
shall refer to the City Engineer all questions of accessibility
which may arise. The City Engineer shall determine if the public
water or sewer systems are accessible to the premises requesting
installation or hook up.
Add new section 12-1-3 as follows:
12-1-3: Mandatory Connection To Public Systems: it shall be
unlawful for any person to install or hook up to a private water
system which is intended to provide water for human consumption,
install or hook up to a private sanitary sewer system, or to hook
up to private storm water sewer and /or drainage system in the
City, except in cases where the public water, sanitary sewer, or
storm water sewer and/or drainage systems are not accessible to the
premises requesting installation or hook up. The City Clerk shall
refer to the City Engineer all questions of accessibility which may
arise. The City Engineer shall determine if the public water,
sanitary sewer, or storm water sewer and/or drainage systems are
accessible to the premises requesting installation or hook up.
Delete section 12-1-4 which reads as follows:
12-1-4: Fixing Rates and Charges For Municipal Utilities. All rates
and charges for municipal utilities, including, but not by way of
limitation, rates for service, permit fees, deposit, hook up, meter
testing fees, disconnection fees, reconnection fees, and penalty
fees for delinquency, shall be fixed, determined and amended by the
Council and adopted by resolution. Such resolution, containing the
effective date thereof, shall be kept on file and open to public
inspection in the office of the City Clerk and shall be uniformly
enforced. For the purpose of fixing such rates and charges, the
Council may categorize and classify under the various types of
service, provided that such categorization and classification shall
•
be included in the resolution authorized by this Section.
Add new section 12-1-4 as follows:
12-1-4: Fixing Rates and Charges For Municipal Utilities. All rates
and charges for municipal utilities, including, but not by way of
limitation, rates for service, rates for contribution to the
system, permit fees, deposit, hook up, meter testing fees,
disconnection fees, reconnection fees, and penalty fees for
delinquency, shall be fixed, determined and amended by the Council
and adopted by resolution. Such resolution, containing the
effective date thereof, shall be kept on file and open to public
inspection ill the office of the City Clerk and shall be uniformly
enforced. For the purpose of fixing rates and charges, the Council
may categorize and classify under various types of services, or by
contribution to the system, provided that such categorization and
classification is just and equitable and is included in the
resolution authorized by this Section.
SECTION 2. Effective Date. This Ordinance Amendment shall be
effective from and after its passage and publication according to
law.
ADOPTED this a 7 day of March, 1995 by the Otsego City Council.
IN FAVOR: Norman F Freske, Mayor, Larry Fournier, Ron Black, Vern Hei
and Suzanne Ackerman, Council Members
OPPOSED:
No One was Opposed.
Elaine Beatty, City Clerk
CITY OF OTSEGO
Norman F. Freske, Mayor
Posted: 4/4/95 Otsego City Hall Posting
Piblished: 4/12/95 Elk River Star News
City of Otsego
Costs Related to Construction of
Odean Avenue and CSA1137
in Otsego, Minnesota
KPK 15 -Mar -95
Hakanson Anderson Associates. Inc.
RIGHT-OF-WAY COSTS
SAP &
Estimated MSAP MSAP 11 SAP 0 MSAP k Estimated
City Total 217-105-01 86-637-22 217-020-02 City,Funds
Cost Amount Amount Amount Amount Required
Odean Avenue $8,523.52 $8,523.52 $8,523.52 $0.00 $0,00 $0.00
CSAR37 (City) 12,882.7912,882.79 $0.00 $0.00 $12,882.79 $0.00
CSAH37(County) $12,025.32 $12,025.32 0.00 $12,025.32 $0.00 $0.00
Total $33,431.63 $33,431.63 $8,523.52 $12,025.32 $12,882.79 $0.00
CONSTRUCTION COSTS
Odean Avenue
CSAH37(City)
CSAH37(County)
Total
ENGINEERING FEES
Total Project
Total
$/14,470.24 $74,470.24 $74,470.24 0.00 $0.00 0.00
37,
524.92 524,92 0.00 $0 00 $37,529 92 0.00
56,688.90 $256,688.90 $0.00 $256,688.90 $0.00 0.00
$368,684.06 $368,684.06 $74,470.24 $256,688.90 $37,524.92 $0.00
$65,441.42 $48,394.91
$65,441.42
$13,404.64 $28,235.78
$48,394.91 $13,404.64
ENGINEERING COSTS FOR R.O.W. ACQUISITION
Total Cost $10,000.00
TOTAL PROJECT COST
$0.00 $0.00
$6,754.49 $17,046.51
$28,235.78 $6,754.49 * $17,046.51
$0.00 $0.00 $10,000.00
$477,557.11 $450,510.60 $96,398.40 $296,950.00 $57,162.20 $27,046.51
Notes:
MSAP g 217-105-01 Engineering = 18% of Construction
SAP 11 86-637-22 Engineering : 11% of Construction
MSAP 11 217-020-02 Engineering : 18% of Construction
City Engineering Fees : 7.75% Preliminary Design and 10% Construction
*Amount may be Justifiable Through MSAP Funding Due to Discretionary
Maximum of 12% Construction Engineering Fees
`'City of Otsego and Wright County Cost Shares
Computed per Wright County Cost Sharing Policy for
CSAH37 in Otsego, MinnesotaKPK 02 -Mar -95
Hakanson Anderson Associates, Inc.
Item No. Description
Unit
Unit Quanl
Total
Cost
Quan QuanQua
Alln County
Rural Urban City Cost
City
Cost
2021,501 Mobilization
2101.501 Clearing
210 .507 Grubbing
2104.501 Removeipe Culverts
1. .501 Remove fence
.505 Remove bituminous pavement
h1 4.509 Remove timber cattle pass
2104.509 Remove sign
2104.513 Sawing bituminous pavement
2104.521 Salvage fence
2105.501 Common excavation
2123.503 Motor Grader (60th St. maint.)
2130.501 Water (60th St. maint.)
2211.501 Aggregate base class 5
2211.501 Arg. Base c15 (60th St. maint.)
0331.601 2 bit. wearing course (drives
2340.508 Type 41 wearing course mixture
2340.514 Type 31 base course mixture
2357.502 Bit. material for tack coat
0412.602 Relocate mailbox
2501.511 15' RC pipe culvert class V
2501.511 18' RC pipe culvert class V
2501.515 15' RC pipe apron
2501,515 18' RC pipe apron
2503.511 15' RC pipe sewer class 1II
2503.573 Install conc. apron storm (15')
2506.508 Construct manhole storm
2506.509 Construct catchbasin storm
2511.501 Random riprap cl III w/geo. fab,
2531.501 Conc. curb and gutter design B618
2531.501 Conc. curb and gutter design D418
2531.207 6' concrete driveway pavement
0563.601 Traffic control
0564.602 4' broken line yellow - tape
0564,602 F & I sign panel stop)
0564.602 F & I sign panel stop ahead)
0564.602 F & I sign panel cross road)
0564.602 F & I sign panel dead end)
0564.602 F & I sign panel two way traffic)
F & I sign panel hidden driveway
0564.602 F & I sign panel 'pavement ends)
0564.602 F & I street name sign
0564.602 Pavement mess. left arrow) paint
0564.602 Pavement mess. right arrow) Paint
0564.602 Pavement mess. only) paint
0564.603 4' Solid line w ite - paint
0564.603 4' Double solid line yellow - paint
0564.603 24' solid line yellow - paint
0565.602 Furnish and install street light
2573.501 Bale check
2573.503 Silt fence, preassembled
2573.508 Bituminous lined flume
9-'75.501 Seeding
102 Seed Mixture 800
05 Sodding, type lawn
i1 Mulch material type 1
9 Disc anchoring
,J23 Wood fiber blanket type regular
A J,531 Commercial fertilizer, 20-10-10
Odean Avenue Base Item Construction Cost
Item
Lump Sum
Tree
Tree
Lin. Ft.
Lin.YFFt.
SLin. Ft.
Each
Lin. Ft,
Lin. Ft.
Cu. yd.
Hour
M Gal
Ton
Cu. Yd.
Sq. Yd.
Ton
Gallon
Each
Lin. Ft.
Lin. FT.
Each
Each
Lin. Ft.
Each
Each
Each
Cu. yd.
Lin. Ft.
Lin. Ft.
Sq. Yd.
Lump Sum
Lin. Ft.
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Lin. Ft.
Lin. Ft.
Lin. Ft.
Each
Each
Lin. Ft,
Sq. Yd.
Acre
Pound
Sq. Yd.
Acre
Ton Yd.
$64,846.20
$6,500.00 ---
$50.00 25
75.00 155
1.75 7100
$10.00 22
2.2.50 50
00 28866
$5.00
20.00 ---
6.00 5520
5.75 ---
5.75
7
$25.00 1584
$250,00
$1.00 743
225.00 144
25,00 6
$350.00 567
$15000.00 3
$750.00 3
536.00 264
$30.00 1221
$28,000.00 432
100.00 1
100.00 2
100.00100.00 1
100.00100.00 1
50.00 1
75.050.0 4
0.15 5050
$1,710.00
0.30 3368
1'5$2.00 5590
$100.00 311
110.00 3.00
13682
1$1.50 1100
$300.00 0.78
County Share
6,500.00 I<
1,250.00.00 5
$12 775.00 92
425,00 5150
$1 0 220.00 17
0
675.00 1125.00 35
$57,732.00 19737
$i13 120.00 I<
17 446.25 I<
4 467,75 0
39600.001017
743.00 476
750.00 1
3 600.00 144
1,400.00 4
$ 1,340.00 52 51
31000.00 0
2$900..00 0
00 0
$1,704.00 0
$28,630.00 0
0 1< 432
$43.2000.00 1
200.00 2
100.200,00 2
100.00100.00 1
150.00 1
100.00 2
757300.50 00 5050
$3$736.00 005.00 3368
1,200.00 120
$$1500.00 4042 154
$7 370.00 145 775.00 2.9 Oi
$1 930.00 5.4
650.00 1040
$234.00 0.68
20
63
1950
5
0
9129
3500 2020
0 77
425
267
30 126
0 2
3685
0.8
060
0.1
SEE 1050
,.00 $200.0(
$1 575.00 300.0(
200,00 $
$0.0(
$11 742.50. $
6_$s0.0(
125.00 , 10.0
675.00 0.0
$54,080.40 $3,651,6
1)SEE$30L69�.00 $2,424.0
>
SEE BELOW)
$327,575.00
6 765.00
1689.60
650.00
2 920.00
3 600.00
1 950,00
1 400.00
$ 1$650.000
$2 3,000.00
250.00
$720.00
10.00
0.00
SEE BELOW) 2
S
100.000
100.00
200.00
100.00
200.00
100.00
100.00
150.00
100.00
100.00
300.00
757.50
Si 005.00
$736.00
Si0.00
$10,51,200.60.8000
10,560.80
$1 500.00
765.00
459.00
$5 896.00
906.00
$302.00
$1,632.00
$228.00
4,467.7:
2,125.0(
2,835.0(
53.4(
$1000.0(
01
0.0.
0.0i
0.0
0.0!
0.0
0.0
1$704.0
7,584.0
$630.0
0.0
0.01
0,01
0.0
0.0
0.0
0.0
0.0
0.0
0.0.00
0.0
$3,5 0.
$6110.0
$10.00
$1,4.0
47
$224.0
$18.0
0
.0
$6.0
Base Item Construction Cost = $223,516.00 532,675.4
Total
Shares
Construction
Mobilization
Motor Grader
Water
Aggregate
TOTAL COST SHARES
$223,516.00 $32 675.45
4,525.49 661.57
$3 133.03 458.01
$5,164.30 122.14
$19,494.44 $2 849.86
$256,688.74 $37,524.92
$256,191.45
$5,187,07
$3,591.05
$5,942.19
$22,344.30
$294,213.66
MSAP 0 217-105-01 , SAP 1 86-637-22 , MSAP 1 217-020-02
City of Otsego
CSA837 & Odean Avenue Cost Estimate
KPK 02_Mar-95
Hakanson Anderson Associates, Inc.
Item No, Description
Unit
Total
Project
Items
Unit
Cost
MSAP 1 217-105-01
Total ! MSAP Storm MSAP
Project ! Total Part. Sewer 217-10
Cost ! Items Items Items Cost
2021.501 Mobilization
2104.501 Clearing
2101.507 Grubbing
2104,501 Remove pipe culverts
2104.501 Remove fence Wire
2 04.501 Remove fence,(Wood)
2104.505 Remove bituminous pavement
2104.505 Remove concrete slab
2104.509 Remove sign
2104.509 Remove timber cattle pass
2104.513 Sawing bituminous pavement
2104.521 Salvage fence
2105.501 Common excavation
2123.503 Motor Grader (60th St. maint.)
2130.501 Water (60th St. maint.)
2211.501 A gre ate base class 5
2211.501 A g. base c15 (60th St. maint.)
0331.601 2 bit. wearingcourse (driveways)
234 .508 Type 41 wearincourse mixture
2340.514 Type 31 base course mixture
2357,502 Bituminous material for tack coat
0412.602 Relocate mailbox
2501.511 15' RC pipe culvert class V
2501.511 18' RC pipe culvert class V
2501.515 15' RC pipe apron
2501.515 8' RC pipe apron
2503.511 15' RC pipe sewer class III
2503.573 Install conc. apron storm (15')
2506.508 Construct manhole storm
2506.509 Construct catchbasin storm
2511,501 Random riprap cl III w/ geo. fab.
2531.501 Conc. curb and gutter design B618
2531.501 Conc. curb and gutter design D418
2531.507 6" concrete driveway pavement
0557.603 Wood fence 6' high
0563.601 Traffic Control
0564.602 4' broken line yellow - tape
0564.602 F & I sin panel stop)
0564.602 F & I sign panel stop ahead)
0564.602 F & I sign panel winding road)
0564.602 F & I sign panel advisory speed)
"0564.602 F & I sign panel cross road
0564.602 F & I sign panel dead end)
0564.602 F & I sign panel two way traffic
0564.602 F & I sign panel hidden driveway
0564.602 F & sign panel pavement ends)
0564.602 F & I street name sign
0564.602 Pavement mess. left arrow) paint
0564.602 Pavement mess. right arrow) Paint
0564.602 Pavement mess. only) paint
0564.603 24' stop line white - paint
0564.603 24•" solid line yellow - paint
0564.603 4" solid line white - paint
0564.603 4" double solid line yellow - pain
0565.602 Furnish and install street Light
2573.501 Bale check
2573.503 Silt fence, preassembled
2573.508 Bituminous lined flume
2575,501 Seeding
2575.502 Seed Mixture 800
2575,505 Sodding, type lawn
2575.511 Mulch material type 1
2375.519 Disc anchoring'
2575.523 Wood fiber blanket type regular
2575.531 Commercial fertilizer, 20-10-10
Lump Sum
Tree
Tree
Lin. Ft.
Lin. Ft.
Lin. Ft.
Sq. Yd.
Sq. Yd.
Each
Lin. Ft.
Lin. Ft.
Lin. Ft.
Cu. Yd,
Hour
M Gal
Ton Yd,
Sq. Yd.
Ton
Gallon
Each
Lin. Ft.
Lin. FT.
Each
Each
Lin. Ft.
Each
Each
Each
Cu. Yd.
Lin. Ft.
Lin. Ft.
Lin.YFt.
Lump Sum
Lin. Ft.
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Each
Lin. Ft.
Lin. Ft.
Lin. Ft.
t Lin. Ft.
Each
Each
Lin. Ft.
AcY
Acre
Pound
Ton Yd.
Acre
Ton Yd.
1 $6,500.00
33 $50.00
1330
88 75.00
90 3.00
8100 50 1.75
80 5.25
70 $20.00
74 2.50
34537 2.00
6860 $ 5.00
86 26.00
1787 5.75
5.00
191477 2 $25.00
178 $220.00
148 025.00
564
$20.00
22 $325.00
3 $1,000,00
3 750.00
14350 #S36.00
1264 00.00
251 $28,000.00
86410
2 100.00
2 100.00
2 2
00
100.00
2 100.00
1 150.00
22 150.00
75.00
30 2.00
368680 2.00
4162 $ 0.15
1,700.00
7190 $
$2.00
3.41 $250.00
175265 $3.00
3.41.00
1 6.80 1$$1.50
0.86 $300.00
6,500.00
1,650.00
2 475.00 !
1940.00
270.00
200.00
$14 262.50
1420.00
270.00
$1 400.00
;185.00
675.00
$69 074.00
4 500.00 1
i
$ 1,316.00
1,446.25
4,525.25
$49 4
7,05025.00.00
)919.00
1,000.00
3,560.00
3,600.00
2,600.00
$ 1,340.00
$650. 0
2,250. 0
8,700. 0
7,584.
$28,
990. 0
S000. 0
1286.40
00.00
200.00
200.00
250.1i
00.00
0 .
200.00
00,00
100.00
100.00
150.00
100.00
100.00
300.00
060.0002 1
1,.00 l
1249.50
3,500.00
1,600.00
$ 4,380.00
$2 100.00
852.50
511.50
$10 530.00
$1,020.00
$341.00
51$258.00
Total Project Cost $368,683.90
Cost Less Percentage Items $321,037.65
I<---(Percentaage)--->I ;133 31f
90 90 0 27(
1080 1080 0 8 8 $1$42(
5 5 0 $51
24 24 0 $11
5671 5671 0 $11 34!
I<--Percentagge)--->I 1901
I<--- Percentage) --->I 24
136 1366 0 $8,101
I<---(Percentage)--->I $1,50,
1 10 5'
393294 294
393
1
3 32
2
0
0 0
0
0
0 0
1160 1160 $6.99
1 12
254 254
1< 43 Percentage) --->I
1 0
1 0
2' 0
0 0
0 0
0 0
0 0
0 0
0 0
3 30 0 $
163 1630 0 $24
160 1600 0 $352`
6 0 ;6(
0.3 0.31 0
11.558 11580 0 $3, (
0.3 0.31 0
0 0.0 0.08 0 $�
$982
25
64
$66
6535
$5,64
10
20
$5
21
$74,4,
$64,8,
SAP # 86-637-22
MSAP # 217-020-02
SAP Storm SAP ! MSAP Storm MSAP 0
Total Part. Sewer 86-637-22 ! Total Part. Sewer 217-020-02
Items Items Items Cost ! Items Items Items Cost
-----------------------------------------------
I< 1Percentaae)---->I 4,525.49 I<----(Percentage)--->I
142.40 142.40
0 0
10
6710 6710
7021 21
50
27040.20 27040.20
I< Percentage --->I
I< 511�Perce5116e ----01
1< (Percenta e) ---->I
1470,600 1473 0,6
682.600 689.6.
146.6
14
6
567 56
3
24 1
0
0
I< 43(1Percen43Ze)----
1 1
0 0
2 2
2 2
1 1
1 1
2
2
4
0 0
368 368
5050 3350
5280.140 5280.40
3.06 3.06
153 153
2948 2948
6.04 6.04
1088 0086
1,050.00
1,$0575.00
1710.00
;200.00
$11,7642.50
;210.00
;1 400.00
1125.00
675.00
$54 080.40
$3$835.48
$
i5,184.30
0.00
$27,575.00
36 765.00
689.60
650.00
2 920.00
3 600.00
1 950.00
1 400.00
$
1$650.00
$
3,000.00
$2,250.00
$720.00
0.00
0.00
0.00
I $19 4 4.44
743.20
$00.00
100.00
0.00
Z
00.00.00
100.00
200.00
100.00
100.00
150.00
100.00
100.00
300.00
0.00
7$
56.00
757.50
;1 010.00
$1,200.00
;10,560.80
$1 500.00
765.00
459.00
;5 896.00
1906.00
302.00
$1,632.00
$228.00 .
;256,688.74
$223,516.00
12.6
39
12.6
39
1825.8 1825.8
I<----
Percentage)--- I
I<--40
Percentage)---
1<--77--
113.48 8
53. 153.4
0.4 0.4
126
I<----
166
20
$6
$61
Si
$
3145
12
$2#75
14,46
2,83
510
;1
28
$$
758
2 $63
Percentage) --->I ;2,81
309.6 309.6
0.0 0.0
73 73
0.1 0.1
0.0 0.1 0
13,5
161
Si
11,42
55
Item No.
.57 i2021.501
.00 ! 2101,507
.00 ! 2104.501
.00
! 2104.505
.00 ! 2104.509
.00 2104.513
.00 2104.521
.01 2123.503
.00.14 .501
2211.501
.00 2340.508
.00 2340.514
.00 24152.602
.00 2501.511
.00 2501.515
.00 2503.511
.00 2506.508
.00 2511.501
.00 2531.501
.000 2557.603
.00 564.602
.00 564.602
.00 . 564.602
0 1
.0 564.602
.00 ! 564.602
.00 1 564.602
.00 ! 564.602
.00 564.602
.00 1 564.603
.00 ! 564.603
.00 564.603
.00 ! 565,602
.00 ! 25773..503501
.20 ! 253
.00 ! 2573.508
.00I2575.501
:882575.505
i
.00 ! 2575.511
.00 ! 2575.519
.00 ! 2575.523
.00 ! 2575.531
$37,524.92
$32,675.45