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03-27-06 ITEM 5.1 CLAIMS LIST CITY COUNCIL MEETING MARCH 27, 2006 TO: Judy Hudson Attached is the Claims List for the City Council. For more details, please refer to the Check Detail Registers. If you have any questions regarding this service, please let me know. Claims Register 03 -15 -2006 $ 7,775.71* 03 -27 -2006 $ 214,174.33 * Includes prepaid check to the DMV in the amount of $1,425.95. PAYROLL 03 -15 -2006 $ 32,415.75 GRAND TOTAL $ 254,365.79 If you have any questions or if you would like to review this list further, please let me know. Kathy Grover Bookkeeper CITY OF OTSEGO 03/15/06 10:02 AM Page 1 *Check Summary Register© MARCH 2006 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid BRAUN INTERTEC $1,729.00 QUADAY AVE CONST OBSERVATION UnPaid ICMA RETIREMENT TRUST $537.31 PPE 3/11/06 CH DTD 3/15/06 UnPaid JERRY OLSON $1,100.00 2/26/06 THRU 3/11/06 - 22 HOURS UnPaid PUBLIC EMPLOYEES RETIREME $2,983.45 PPE 3/11/06 CH DTD 3/15/06 Total Checks $6,349.76 FILTER: None • • CITY OF OTSEGO 03/15/06 10:02 AM Page 1 *Check Detail Register© MARCH 2006 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid .,.... , ..,�..,.�_ ....,... BRAUN INTERTEC E 426 - 43100 -302 Engineering Fees $1,729.00 254443 QUADAY AVE CONST OBSERVATION Total BRAUN INTERTEC $1,729.00 Unpaid ICMA RETIREMENT TRUST �....____. G 101 -21705 Other Retirement $345.00 PPE 3/11/06 CH DTD 3/15/06 E 101 - 41400 -121 PERA $192.31 PPE 3/11/06 CH DTD 3/15/06 Total ICMA RETIREMENT TRUST $537.31 Unpaid JERRY OLSON E 250 -42410 -390 Contracted Services $1,100.00 2/26/06 THRU 3/11/06 - 22 HOUR Total JERRY OLSON $1,100.00 Unpaid PUBLIC EMPLOYEES RETIREMENT FO E 250 - 42410 -121 PERA $556.59 PPE 3/11/06 CH DTD 3/15/06 G 101 -21704 PERA $1,426.86 PPE 3/11/06 CH DTD 3/15/06 E 101- 43100 -121 PERA $492.51 PPE 3/11/06 CH DTD 3/15/06 E 101 -41400 -121 PERA $290.74 PPE 3/11/06 CH DTD 3/15/06 E 101 - 41600 -121 PERA $216.75 PPE 3/11/06 CH DTD 3/15/06 Total PUBLIC EMPLOYEES RETIREMENT FD $2,983.45 10100 BANK OF ELK RIVER $6,349.76 and Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $2,964,17 250 BUILDING PERMIT FEES $1,656.59 426 Quaday & CSAH 37 $1,729.00 $6,349.76 CITY OF OTSEGO 03/23/06 9:02 AM Page 1 *Check Summary Register© MARCH 2006 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid AFFORDABLE SANITATION $495.00 FEB PORTA RENTALS UnPaid APEX BUSINESS CENTER $5,878.31 ECON DEV ASSIST UnPaid BRAUN INTERTEC $9,162.00 WATER TOWER #3 & BORING PROJECT UnPaid CROW RIVER FARM EQUIPMEN $787.75 MISC REPAIR SUPPLIES UnPaid ECM PUBLISHERS INC $434.38 PUBLIC HEARING - 62ND /QUALE UnPaid ELK RIVER MUNICIPAL UTILITIE $68.43 16001 QUANTRELLE STREET LIGHTING UnPaid ELK RIVER PRINTING & PARTY $47.92 MCGRUFF FLYER UnPaid EMPLOYER PLAN SERVICES IN $577.75 PW - APRIL UnPaid EUGENE & DAWN GOENNER $86.37 ESCROW REFUND UnPaid G & K TEXTILE LEASING SYSTE $543.36 UNIFORMS UnPaid GOPHER STATE ONE -CALL INC $266.80 LOCATE TICKETS UnPaid HALLMAN OIL COMPANY $2,019.00 GASOLINE FUEL UnPaid JOHN DANIELS $3,217.32 ECON DEV ASSIST UnPaid LITTLE FALLS MACHINE $124.89 1990 FORD TRUCK REPAIR UnPaid MAMA $18.00 3/16 MAMA LUNCHEON UnPaid MENARDS $131.41 PW BLDG MAINTENANCE UnPaid MINNEGASCO $106.88 13620 95TH STREET NE UnPaid MINNESOTA LIFE $161.70 FIN - APRIL UnPaid NORTHERN TOOL & EQUIPMEN $93.67 SHOP TOWELS UnPaid OFFICEMAX $36,111.73 BLDG CERTIFICATES • UnPaid OSI ENVIRONMENTAL, INC . $50.00 FILTER/DRUM DISPOSAL InPaid PEOPLE SERVICE INC. $46,635.01 MONTHLY SERVICE JnPaid PETER TORRESANI $135.65 SANTA DAY COOKIES UnPaid PITNEY BOWES $351.00 POSTAGE METER UnPaid POLAR $21,360.80 2006 CHEVY SILVERADO 1500 4X4 UnPaid R -WAY PUMPING INC $22,861.13 WASTE HAULING UnPaid SCHARBER & SONS $319.50 CHIPPER RENTAL UnPaid SOFTRONICS $7,182.11 ADMIN - COMPUTER (SANDY), 2 MONITORS UnPaid SPRINT $153.96 MONTHLY SVC - LAP TOPS UnPaid SRF CONSULTING GROUP, INC. $12,484.35 PARKS CONSULTING UnPaid TOLLEFSON DEVELOPMENT, IN $26,494.67 TRUNK WATERMAIN CREDIT UnPaid UNIVERSITY OF MINNESOTA $410.00 KAREE - MMCI CONFERENCE 7/10 -7/14 UnPaid UNLIMITED ELECTRIC INC $5,340.72 ELEC WIRING FOR REMODEL UnPaid VINYL GRAPHICS $105.00 TRUCK DOOR LETTERING UnPaid WINDOW CONCEPTS OF MINNE $50.50 BLDG PERMIT (SIDING)REFUND UnPaid WRIGHT - HENNEPIN CO -OP ELE $9,907.26 TR LGT REPAIR 101 & CR 42 Total Checks $214,174.33 FILTER: None CITY OF OTSEGO 03/23/06 9:02 AM Page 1 *Check Detail Register© MARCH 2006 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid AFFORDABLE SANITATION E 101 -45250 -410 Rentals (GENERAL) $495.00 5750 FEB PORTA RENTALS Total AFFORDABLE SANITATION $495.00 Unpaid APEX BUSINESS CENTER E 101 - 41900 -439 Development incentives $5,878.31 ECON DEV ASSIST Total APEX BUSINESS CENTER $5,878.31 Unpaid . �. BRAUN INTERTEC E 444 -43100 -302 Engineering Fees $9,162.00 258375 WATER TOWER #3 & BORING PROJEC Total BRAUN INTERTEC $9,162.00 Unpaid CROW RIVER FARM EQUIPMENT E 101 -43100 -220 Repair /Maint Supply (GENERAL) $787.75 116696 MISC REPAIR SUPPLIES Total CROW RIVER FARM EQUIPMENT $787.75 Unpaid ECM PUBLISHERS INC�� E 414 -43100 -350 Print/Binding (GENERAL) $222.40 208396 PUBLIC HEARING - 62ND /QUALE E 101 -41400 -350 Print/Binding (GENERAL) $76.45 208397 PUBLIC HEARING E 101 - 41400 -350 Print/Binding (GENERAL) $66.03 208791 PUBLIC HEARING E 101- 41400 -350 Print/Binding (GENERAL) $69.50 208792 LEGAL - ORDINANCE Total ECM PUBLISHERS INC $434.38 • npaid ELK RIVER MUNICIPAL UTILITIES E 101 -43160 -322 Utilities $68.43 16001 QUANTRELLE STREET LIGHTI Total ELK RIVER MUNICIPAL UTILITIES $68.43 Unpaid ELK RIVER PRINTING & PARTY PLU E 101 -42150 -350 Print/Binding (GENERAL) $47.92 6578 MCGRUFF FLYER Total ELK RIVER PRINTING & PARTY PLU $47.92 Unpaid EMPLOYER PLAN SERVICES INC E 250 -42410 -123 Health $179.65 BLDG - APRIL E 101 - 41400 -123 Health $242.94 ADMIN -APRIL E 101 -41600 -123 Health $34.65 FIN -APRIL • E 101 -43100 -123 Health $120.51 PW -APRIL Total EMPLOYER PLAN SERVICES INC $577.75 Unpaid EUGENE & DAWN GOENNER G 701 -22472 EUGENE GOENNER REZONE /CUP $86.37 ESCROW REFUND Total EUGENE & DAWN GOENNER $86.37 . G & K TEXTILE LEASING Unpaid G SYSTEM E 101 -43100 -225 Uniforms $82.96 1043141018 UNIFORMS E 101- 41940 -390 Contracted Services $91.14 1043146010 MATS E 101 -43100 -225 Uniforms $116.20 1043146011 UNIFORMS E 101 -43100 -225 Uniforms $81.89 1043150944 UNIFORMS E 101 -41940 -390 Contracted Services $91.14 1043155892 MATS E 101 -43100 -225 Uniforms $80.03 1043155892 UNIFORMS Total G & K TEXTILE LEASING SYSTEM $543.36 Unpaid GOPHER STATE ONE -CALL INC E 250 -42410 -310 Miscellaneous $266.80 6020681 LOCATE TICKETS Total GOPHER STATE ONE -CALL INC $266.80 Unpaid HALLMAN OIL COMPANY E 101 -43100 -202 Gas & Oil $525.12 176232 DIESEL FUEL CITY OF OTSEGO 03/23/06 9:02 AM Page 2 *Check Detail Register© MARCH 2006 Check Amt Invoice Comment E 101 -43100 -202 Gas & Oil $544.62 176233 GASOLINE FUEL E 101 -43100 -202 Gas & Oil $949.26 176849 DIESEL FUEL Total HALLMAN OIL COMPANY $2,019.00 Unpaid JOHN DANIELS E 101- 41900 -439 Development incentives $3,217.32 ECON DEV ASSIST Total JOHN DANIELS $3,217.32 Unpaid LITTLE FALLS MACHINE E 101 - 43100 -400 Repairs & Maint Cont (equip) $124.89 35536 1990 FORD TRUCK REPAIR Total LITTLE FALLS MACHINE $124.89 Unpaid MAMA E 101 - 41400 -360 Education/Training /Conferences $18.00 1456 3/16 MAMA LUNCHEON Total MAMA $18.00 Unpaid MENARDS E 101 - 43100 -403 Improvements to Bldgs $131.41 41845 PW BLDG MAINTENANCE Total MENARDS $131.41 Unpaid MINNEGASCO E 101 - 41950 -322 Utilities $106.88 13620 95TH STREET NE • Total MINNEGASCO $106.88 • npaid MINNESOTA LIFE E 101- 41400 -130 Employer Paid Ins (GENERAL) $22.10 ADMIN - APRIL E 101 -43100 -130 Employer Paid Ins (GENERAL) $107.00 PW - APRIL E 250 -42410 -130 Employer Paid Ins (GENERAL) $28.50 BLDG - APRIL E 101 - 41600 -130 Employer Paid Ins (GENERAL) $4.10 FIN -APRIL Total MINNESOTA LIFE $161.70 Unpaid NORTHERN TOOL & EQUIPMENT CO E 101 - 43100 -501 Equipment $63.88 191104731 FENDERS FOR TRAILER E 101 -43100 -203 Supplies - General $10.64 191104731 SHOP TOWELS E 101 -45200 -310 Miscellaneous $19.15 194051102 PRUNERS Total NORTHERN TOOL & EQUIPMENT CO $93.67 Unpaid OFFICEMAX E 101 -41400 -201 Office Supplies $204.01 204870 MISC OFFICE SUPPLIES E 250 -42410 -201 Office Supplies $27.80 204870 BLDG CERTIFICATES E 101 - 41400 -201 Office Supplies $190.97 247129 MISC OFFICE SUPPLIES E 250 -42410 -570 Office Equip and Furnishings $30,178.64 284495 FURNITURE FOR REMODEL E 250 - 42410 -570 Office Equip and Furnishings $2,336.61 33236 BLDG OFC FURNITURE E 250 -42410 -570 Office Equip and Furnishings $3,173.70 358476 CHAIRS - CONFERENCE Total OFFICEMAX $36,111.73 Unpaid ._.. .., OSI ENVIRONMENTAL, INC .,.. �- n _ _.. �.,_ m . a. ..._ _._,. E 101 -43100 -390 Contracted Services $50.00 249005 FILTER/DRUM DISPOSAL Total OSI ENVIRONMENTAL, INC $50.00 Unpaid PEOPLE SERVICE INC. E 432 -43256 -390 Contracted Services $968.01 10325 LAB TEST - POLLUTANT SAMPLING E 601 -49400 -390 Contracted Services $14,661.39 10325 MONTHLY SERVICE E 602 -49450 -390 Contracted Services $31,005.61 10325 MONTHLY SERVICE Total PEOPLE SERVICE INC. $46,635.01 Unpaid PETER TORRESANI E 101 -45250 -440 Recreation Programming $135.65 SANTA DAY COOKIES CITY OF OTSEGO 03/23/06 9:02 AM Page 3 *Check Detail Register© MARCH 2006 Check Amt Invoice Comment Total PETER TORRESANI $135.65 Unpaid PITNEY BOWES E 101 -41400 -413 Office Equipment Rental _ $351.00_4705027 -MRO POSTAGE METER Total PITNEY BOWES $351.00 Unpaid POLAR E 250 - 42410 -501 Equipment $21,360.80 6Z253508 2006 CHEVY SILVERADO 1500 4X4 Total POLAR $21,360.80 Unpaid �M. ,„ R-WAY PUMPING INC - 2 , 5� , . ,�.-.- .d.,_, „ E 602 -49450 -390 Contracted Services $22,861.13 1218 WASTE HAULING Total R -WAY PUMPING INC $22,861.13 Unpaid..a ,.. a F .. „ .. Fg, SCHARBER & SONS . . o mA . .. ._.R m ,- �..�, -.m .., E 101 - 43100 -410 Rentals (GENERAL) $319.50 T -7782 CHIPPER RENTAL Total SCHARBER & SONS $319.50 Unpaid SOFTRONICS E 250 -42410 -525 Building Improvements $1,041.67 2158 LABOR FOR OFC REMODEL E 101 -41600 -201 Office Supplies $48.89 2158 GARY NORTON ANTIVIRUS E 250 -42410 -570 Office Equip and Furnishings $1,804.11 2158 BLDG - COMPUTER E 250 -42410 -390 Contracted Services $1,041.67 2158 BLDG - LABOR E 250 -42410 -525 Building Improvements $472.95 2158 SUPPLIES FOR OFC REMODEL E 101 -41400 -570 Office Equip and Fumishings $1,731.16 2158 ADMIN - COMPUTER (SANDY), 2 MO E 101 -41600 -390 Contracted Services $520.83 2158 FIN - LABOR E 101 -41400 -390 Contracted Services $520.83 2158 ADMIN - LABOR Total SOFTRONICS $7,182.11 Unpaid .� �. SPRINT E 250 -42410 -320 Telephone $153.96 MONTHLY SVC - LAP TOPS Total SPRINT $153.96 Unpaid SRF CONSULTING GROUP, INC. E 203 -45210 -390 Contracted Services $12,484.35 5521 -5 PARKS CONSULTING Total SRF CONSULTING GROUP, INC. $12,484.35 Unpaid TOLLEFSON DEVELOPMENT, INC. R 360 -34407 Sewer Availability Charge $15,996.84 TRUNK SANITARY SEWER CREDIT R 360 -34406 Water Availabilty Charge $10,497.83 TRUNK WATERMAIN CREDIT Total TOLLEFSON DEVELOPMENT, INC. $26,494.67 Unpaid UNIVERSITY OF MINNESOTA E 101 - 41400 -360 Education/Training /Conferences $410.00 KAREE - MMCI CONFERENCE 7/10 -7 Total UNIVERSITY OF MINNESOTA $410.00 Unpaid UNLIMITED ELECTRIC INC E 250 -42410 -525 Building Improvements $5,340.72 7324 ELEC WIRING FOR REMODEL Total UNLIMITED ELECTRIC INC $5,340.72 Unpaid VINYL GRAPHICS E 101 - 43100 -203 Supplies - General $105.00 3068 TRUCK DOOR LETTERING Total VINYL GRAPHICS $105.00 Uripaid WINDOW CONCEPTS OF MINNESOTA�� G 250 -21801 BUILDING PERMIT SURCHARGE $0.50 BLDG PERMIT (SIDING) REFUND R 250 -32260 BUILDING PERMITS _ $50.00 BLDG PERMIT (SIDING) REFUND Total WINDOW CONCEPTS OF MINNESOTA $50.50 CITY OF OTSEGO 03/23/06 9:02 AM Page 4 *Check Detail Register© MARCH 2006 Check Amt Invoice Comment Unpaid WRIGHT- HENNEPIN CO-OP ELECTRIC E 101 -43160 -322 Utilities $114.26 TR LGT REPAIR 101 & CR 42 E 601 -49400 -390 Contracted Services $2,374.00 MONTHLY MAINT (MAR) E 601 -49400 -390 Contracted Services $2,522.50 MONTHLY MAINT (FEB) E 602 -49450 -390 Contracted Services $2,374.00 MONTHLY MAINT (MAR) E 602 -49450 -390 Contracted Services $2,522.50 MONTHLY MAINT (FEB) Total WRIGHT - HENNEPIN CO-OP ELECTRIC $9,907.26 10100 BANK OF ELK RIVER $214,174.33 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $18,977.32 203 PARK DEVELOPMENT $12,484.35 250 BUILDING PERMIT FEES $67,458.08 360 West W & S Debt Service Fund $26,494.67 414 Revolving Capital Improvements $222.40 432 East WWTP Phase III $968.01 444 SE Utilities Project $9,162.00 601 WATER FUND $19,557.89 602 SEWER FUND $58,763.24 • 701 DEVELOPMENT ESCROWS FUND $86.37 $214,174.33 ITEM 5.2 NAC; N ORTHWEST ASSOCIATED CONSULTANTS, INC. I. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2561 plannersanacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 22 March 2006 RE: Otsego — Public Works Building NAC FILE: 176.08 — 06.04 The Planning Commission held a public hearing on 20 March 2006 to consider the CUP application for construction of the proposed Public Works Building. Mr. Tim Melcher, who lives to the northeast of the building asked about the appearance of the rear of the building and outside storage area that would be potentially visible from the direction of his property. There were no other public comments. The Planning Commission was impressed by the design of the building and the City Council's efforts for planning the facility to meet current and future needs. The Planning Commission closed the public hearing and voted 7 -0 to recommend approval of the application consistent with the attached findings of fact. The application will be considered by the City Council at their meeting on 27 March 2006 at 6:30 PM. c. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner CITY OF 03 -22 -06 OTSEGO FINDINGS & DECISION WRIGHT COUNTY, !MINNESOTA CONDITIONAL USE PERMIT APPLICANT: City of Otsego APPLICATION: Request for approval of a CUP to allow for construction of a 30,000 square foot public works building with a 20,000 square foot future expansion area. CITY COUNCIL MEETING: 27 March 2006 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is Lot 1, Block 2 Otsego City Campus Addition. B. The subject site is guided by the Comprehensive Plan for agriculture land uses. C. The subject site is zoned INS, Institutional District; Public works facilities are allowed as a conditional use in the INS District. • D. The requested CUP is to be evaluated based upon (but not limited to) the criteria established by Section 20 -4 -2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: As stated in the Comprehensive Plan, the City was formed on the basis of ensuring that there would be adequate community facilities for its residents including public utilities, public safety and administration. Construction of a new public works facility would support provision of public services to the City's residents. 2. The proposed use's compatibility with present and future land uses of the area. Comment: The proposed Public Works facility will be located adjacent to City Hall and Otsego Prairie Park, creating a City campus of sorts. The surrounding area is comprised of vacant lands immediately adjacent to the site owned by the City for future uses and rural residential uses located some distance away. The proposed use is compatible with existing and planned uses in the area. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: The design of the new Public Works facility shall conform to all applicable Zoning Ordinance and Engineering Manual performance standards. 4. The proposed use's effect upon the area in which it is proposed. Comment: The proposed new Public Works facility is not anticipated to have any negative effect upon the area in which it is located. 1 5. The proposed use's impact upon property values of the area in which it is proposed. Comment: Although no study has been completed, the proposed new facility is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The proposed new facility will generate additional traffic to and from the subject site, however, this additional traffic will be easily accommodated via Nashua Avenue and CSAH 39. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City=s service capacity. Comment: The proposed new facility will benefit the City's ability to provide service to its residents. E. The planning report dated 16 M arch 2006 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Otsego Planning Commission held a public hearing at their regular meeting on 6 February 2006 to consider the application, preceded by published and m ailed notice; upon review of the application, and other evidence received, the public hearing was closed and the Planning Commission recommended by a 7 -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 application is hereby APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. All signs shall conform to Section 37 of the Zoning Ordinance. 2. A lighting plan showing the illumination field of all proposed exterior Tight fixtures must be submitted and is subject to approval of City staff. 3. All refuse, recyclable materials and necessary handling equipment shall be stored within the principal structure, within an accessory structure or fully screened from view from all neighboring properties and the public right -of -way. 4. All utility plans shall be subject to review and approval of the City Engineer. 5. All grading, drainage and easement matters shall be subject to review and approval of the City Engineer. MOTION BY: SECOND BY: 2 ALL IN FAVOR: Foumier Heidner Sharber Thorsted Stockamp THOSE OPPOSED: None ADOPTED by the Otsego City Council this 27 day of March, 2006. CITY OF OTSEGO By: Larry Foumier, Mayor Attest: Judy Hudson, Zoning Administrator /City Clerk 3 ITEM 6_2 RESOLUTION NO. 2006 -23 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION AWARDING A BID FOR A PUBLIC WORKS FACILITY AND A SALT STORAGE SHED AND AUTHORIZING EXECUTION OF A CONTRACT WHEREAS, pursuant to advertisement for bids for the construction of a Public Works Facility and a Salt Storage Shed, the following bids were received complying with the advertisement: 1. Kue Contractors $3,659,000 2. Ebert Construction $3,724,800 3. Rochon Contracting $3,747,000 4. Arkay Construction $3,790,000 5. Jorgenson Construction $3,809,000 6. Graham Penn Construction $3,847,000 7. CM Construction $3,880,000 8. Eagle Construction $4,032,000 NOW, THEREFORE, BE IT RESOLVED HY THE CITY COUNCIL OF OTSEGO, MINNESOTA 1. That contract for construction of a Public Works Facility is awarded to the low bidder Kue Contractors in the amount of $3,659,000. 2. That the contract for construction of a Salt Storage Shed is awarded to the low bidder Greystone Construction in the amount of $128,998. 3. That upon the selected low bidder meeting all further requirements of the bid, the Mayor and City Clerk are authorized to execute contracts on behalf of the City. Dated this 27th day of March, 2006 CITY OF OTSEGO Larry Fournier, Mayor ATTEST: Judy Hudson, City Clerk OTSEGO PUBLIC WORKS FACILITY- BID TABULATION FORM- March 23, 2006 General Contractor Base Bid Ad 1,2, 3 Bond Alt. #1 - Gas Island Alt. #2 - Overhead Alt. #3 - Ceramic tile Alt. #4.2nd floor & fueling system, crane & associated floors & wainscot walls build -out electrical & conc. work. electrical connections. in lien of painted block. 1 , ... r Construction ? j 7go�DOO " ✓ /5 5 3 ov0 �` /ZO oats) Arka Construction CM Construction I f ter 4 -- 7 ✓ //a �p 3 3 ( 9,00 0 fe' //e 000 V Eagie Construction 0 0,Z 000 ' ✓ q� ODO � eiv 4 f'D /O7�d Ebert Construction ' Po ✓ fo ADO tfs 3BD 5 ?gad /D? 410 /Graham Penn Construction ?J y4(7 0 9 V V q T '5r CfCfQ 40((o 9 ; ,v3 I Greystone Construction ! j Jorgenson Construction ,goef '. /OD s o �f�DOU ! fa, i//Kue Contractors 3 Lo5J ,O0 L L" is'; p0 0 i• Z e 9:9O / fit 000 r t1 i ;Lund Martin Construction /Jo I Merrimac Construction 1...- t/ / Roch on 7 OD1, l/ � go - - - - -- f ____f ` f ; 34 �7d'a � Rif aye H V /�/! I — OTSEGO SALT/ SAND FACILITY- BID TABULATION FORM- March 23, 2006 General Contractor Base Bid Ad 1 & 2 Bond 2 Greystone Construction /Z l q g Dome Corporation D & W Construction of Alexandria "" - 7&d fr&7de • 4,1001r/ ITEM 7_1 NAC NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley. MN 55422 Telephone: 763 231.2555 Facsimile: 763.231.2561 planners @nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 22 March 2006 RE: Otsego — Anderson Building Relocation CUP NAC FILE: 176.02 — 06.06 The Planning Commission held a public hearing on 20 March 2006 to consider the CUP application of Joe and Bobbie Anderson to relocate an existing single family dwelling to their property at 14042 79 Street. Mr. and Ms. Anderson were present at the public hearing. There were no comments from the public. The Planning Commission asked when the building would be moved to the site. The applicant indicated that the mover would do so at night. There were no other questions or comments. The Planning Commission closed the public hearing and voted 7 -0 to recommend approval of the application as setforth below. The City Council will consider the application at their meeting on 27 March 2006 at 6:30 PM. POSSIBLE ACTIONS A. Motion to approve the CUP, subject to the following conditions: 1. A building permit is applied for and approved by the Building Official prior to relocation of the structure. 2. The relocated structure shall be ready for occupancy within six (6) months from the date of location on site, subject to approval of the Building Official. 3. A permanent occupancy permit for the relocated structure shall not be issued until such time as the existing dwelling and all debris is removed from the property. 4. The applicant is to submit a certificate of survey identifying the new dwelling's location in relation to the existing septic system and well locations, subject to approval by City staff. 5. A security as required by Section 20 -19 -3 of the Zoning Ordinance as determined by the Zoning Administrator is posted. 6. Comments of other City Staff. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and /or Zoning Ordinance provisions. C. Motion to table the application. c. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Tim Roche!, Building Official Andy MacArthur, City Attorney Ron Wagner, City Engineer Joe and Bobbie Anderson • 2 CITY OF 03 -22 -06 OTSEGO FINDINGS & DECISION WRIGHT COUNTY, MINNESOTA CONDITIONAL USE PERMIT APPLICANT: Joe and Bobbie Anderson APPLICATION: Request for approval of a CUP to relocate an existing single family dwelling to 14042 79 Street NE. CITY COUNCIL MEETING: 27 March 2006 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is Lot 21, Block 1 Walesch Estates 2n Addition. B. The subject site is guided by the Comprehensive Plan for low density residential land uses within the Long Range Urban Service Area. C. The subject site is zoned R -3, Residential Long Range Urban Service District. Single family dwellings are a permitted use of the R -3 District. D. The applicant is proposing to relocate an existing single family dwelling to the property. Relocation of existing buildings to lots within the City requires a conditional use permit as set forth by Section 19 of the Zoning Ordinance. E. Consideration of the application is to be based upon (but not limited to) the criteria established by Section 20 -4 -2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: Stated in the City's Comprehensive Plan is that "the character of individual neighborhoods shall be reinforced, maintained and upgraded", the proposed CUP proposes to upgrade the existing dwelling unit by replacing it with a sturdier, easier - to- maintain structure. 2. The proposed use's compatibility with present and future land uses of the area. Comment: The surrounding area is developed with low density, single family residential uses which are planned to continue as discussed in the Comprehensive Plan. Thus, the proposed use will be compatible with present and future land uses. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: As noted above, the subject site and relocated structure comply with all applicable performance standards. However, additional documentation is necessary to determine the relocation's impact on the existing sewage system. 1 4. The proposed use's effect upon the area i n which it is proposed. Comment: The relocated dwelling and single family use of the property may be considered an improvement of the property from its existing condition and, as such, i t is expected to have a positive effect on the neighborhood. 5. The proposed use's impact upon property values of the area in which it is proposed. Comment: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The relocated structure will access off of 79 Avenue NE, as the previous dwelling did, and will not generate traffic beyond the capabilities of streets serving the subject property. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Comment: The proposed use is not anticipated to have a negative impact to the City's service capacity. F. The planning report dated 14 M arch 2006 prepared by the City Planner, N orthwest Associated Consultants, Inc., is incorporated herein. G. The Otsego Planning Commission held a public hearing at their regular meeting on 6 February 2006 to consider the application, preceded by published and m ailed notice; upon review of the application, and other evidence, the public hearing was closed and the Planning Commission recommended by a 7 -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 application is hereby APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. A building permit is applied for and approved by the Building Official prior to relocation of the structure. 2. The relocated structure shall be ready for occupancy within six (6) months from the date of location on site, subject to approval of the Building Official. 3. A permanent occupancy permit for the relocated structure shall not be issued until such time as the existing dwelling and all debris is removed from the property. 4. The applicant is to submit a certificate of survey identifying the new dwelling's location in relation to the existing septic system and well locations, subject to approval by City staff. 2 5. A security as required by Section 20 -19 -3 of the Zoning Ordinance as determined by the Zoning Administrator is posted. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 27 day of March, 2006. CITY OF OTSEGO By: Larry Fournier, Mayor Attest: Judy Hudson, Zoning Administrator /City Clerk 3 ITE 7_2 NAC NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners' macplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 22 March 2006 RE: Otsego — Great River Centre; Final Plat NAC FILE: 176.02 — 05.30 BACKGROUND Terra Development has submitted application for final plat approval of the Great River Centre. The final plat consists of 11 lots, 4 outlots and public right -of -way. The preliminary plat for Great River Centre was approved 13 March 2006 together with a PUD District and PUD Development Stage Plan. Exhibits: A. Final Plat ANALYSIS Preliminary Plat Consistency. The proposed final plat is consistent with the layout and number of lots approved with the preliminary plat. Site and building plans have been approved only for Lots 2 and 3, Block 1 as part of the Phase 1. Development of other lots within the subdivision will be subject to site and building plan review processing as set forth by Chapter 9 of the Zoning Ordinance. Those lots intended for future phases that may be subject to further re- subdivision should be platted as outlots to avoid the need to process a revised preliminary plat that would require additional public hearings. Outlots. The final plat includes four outlots. These outlots encompass the proposed greenway corridor extending from CSAH 42 to Quaday Avenue through Blocks 2 and 3 near the center of the development and a stormwater basin at the southeast corner of Block 4. These outlots shall be overlaid by drainage and utility easements. CSAH 42. The City Council has authorized a feasibility report for the upgrade of CSAH 42 to a four lane urban roadway in part to accommodate traffic generated by the proposed development and future development of surrounding parcels. The developer is to be assessed for costs related to the project to be agreed to with the City Council and specified in a development contract. Right - - way. The final plat provides rights -of -way for public streets within the subdivision and for CSAH 42. The City will require a separate easement agreement over Lot 2, Block 4 allowing the City to construct Quaday Avenue in the future if necessary and if the developer has not determined their preferred location for the roadway. All rights -of -way are subject to approval of the City Engineer. The developer will be constructing streets within the proposed final plat to City specifications. Construction plans for the proposed streets are subject to review and approval by the City Engineer and a development contract or other interim agreement providing for financial security to complete the improvements is required. Landscape Plan. The approved PUD Development Stage Plan included project landscaping along public rights -of -way within the project. A security amount for any landscaping to be installed as part of Phase 1 must be provided for either with the overall development agreement or the sub - agreement that will be required specific to Phase 1. Utilities. Sanitary sewer and water utilities are stubbed to the property at 85 Street and 88 Street. The developer will be constructing the utility improvements within the subdivision. Plans for construction of the utilities are subject to review and approval by the City Engineer and a development contract or other interim agreement providing for financial security to complete the improvements is required. Grading Plan. The developer has been working with the City Engineer on the final grading and stormwater management plan for the subdivision. The grading plan remains subject to review and approval of the City Engineer. Commencement of grading on the subject site is subject to approval of the grading plan and execution of a development contract or other interim agreement providing for financial security to complete the improvements is required. Park and Trail Dedication. The proposed development requires park and trail dedication. The City Council has agreed in principal to waive park and trail dedication requirements for the final plat in exchange for construction of sidewalks, traits, the proposed greenway corridor and pedestrian amenities within the project. 2 Development Contract. Prior to the City releasing the final plat for recording, a development contract must be executed to ensure completion of required improvements and provision of necessary fees and securities. The terms and form of the development contract remain subject to review and approval of the City Council. RECOMMENDATION The proposed final plat is consistent with applicable development regulations and the approved preliminary plat. We recommend approval of the application as outlined below and comments of other City staff. POSSIBLE ACTIONS A. Motion to approve the Great River Centre Final Plat subject to the following conditions: 1. Lots intended for further subdivision as part of future phases shall be platted as outlots. 2. The developer shall grant the City of Otsego all necessary easements to allow the City if necessary to construct an extension of Quaday Avenue within an 80 foot right -of -way through Lot 2, Block 4 if not already completed when determined to be required by the City Council. 3. The final plat is subject to review and approval by the City Engineer. 4. All construction plans for utilities and streets are subject to review and approval of the City Engineer. 5. All grading, drainage and erosion control issues are subject to review and approval of the City Engineer. 6. Outlots A, B, C and D shall be overlaid by drainage and utility easement and all easements are subject to review and approval by the City Engineer. 7. All landscaping plans are subject to review and approval of the City Planner. 8. All park and trail dedication requirements are subject to review and approval by the City Council. 3 9. The developer shall enter into a development contract with the City, providing all required fees and securities and agreeing to assessment of costs as agreed to with the City Council related to CSAH 42 improvements undertaken by the City. B. Motion to deny the application based on a finding that the application is inconsistent with the Zoning Ordinance, Subdivision Ordinance and Engineering Manual. C. Motion to table the application. c. 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' I '---'•:4-- i t.--"' S119.4213'w P r ••1:4, .-• 1 1 84. 02.07 ip SIV4Yerts . Ser42Sra 1 1 1. Z Ln --a- ' •• a 8 8 , ea v OUTLOT A li 0 OUTLOT B f OUTLOT C - . —1 • r .. •- ‘k ['At\ , 1:. I , , •—• MATCH LINE • ! — • „ e1t.S6 . 0 F . -4' , , 1 '---NATCH LINE —X-1 . Seer•21-1, A .61 .1 t — — — —. — . —. . a. 25 , -81 `Ii 1 \ - .x. I .- 13 0 a 1 2 , ‘ 3 tl / ......s c , 4 \ ‘ 0 ,..ed, ' % • o4 Z , W de it$S. i \ mt. 0 .,. e ” 4:::'"`' 30.303. • • ':. ...% ,/,,. ,, • ..• s ,' s 85TH STREET NE 3 U114., N uetarre . dr' ! • 3 -•••'... t ___--Iss ----- I I ..: \192 1211249 • •... -- meg .... - "..-2, --'4 • ::::Tii ::TP.::::::• Ni: -- 734Z69 N89:59a3w -- — • " --- 220.00 — Vii_._22 --4- 7ir N8971:51 .1 1 •N N I . . - 0/ g. r . I 1 .- L . ••• ' ' . !:•,• ......'-i-;:.E:'..."...: I .......i T s \ .I 2 1 II • •.. • I ::::. I I 1.:. 1::: i ' 1 ..:\ t w a i .'••• _•. ,.. 1 1 • ii i 1 • -. .:: I '-' , 1 1 L ; 4 - — ., :9 2 I o 13 —3 i 1 f 11 / \ ;2rri 1 z I L I F 0 1/ A 1 's ■''' IN; „,..... m -,a , t 0 , • Found monument. ■ i;1 ‘„ 3 1 i = • , Z . r r 2 inch by 14 inch don monument set e ond marked with klMnesoto License No. 23968. 1 CIM 0 ,...„, ,.. ... • , 1 _ -2- Sd 03 t Cts Oi 0 Z 0 00 200 • I 1 1 ' r . - ; r ... 7 : • 1 ON c ; 0 I DRAINAGE AND UTILITY liiQ!! , • c SOS II S119-24,01 .j SCALE IN FET . . 1 . 4 §1 gi .____ _ ' 1 1 0 I i EASEMENTS ARE SHOWN THUS: 11 g I i 1 i t being 5 Net m MOM unless otheNdse indic•ted adjoining lot lines. and being 10 1.1 in width unless otherwise For the purpostis of Wit plot We West 1ine of the Northeast 1/4 of the Northeast 1/0, Section 22. Township 121. Range 23. Wright County, M.o., is OSSufned 10 heor 000'13'45"W. 2 .5 fri OUTLOT D I .. k . E: : a • I I indicated adjoining rieht-,l-was ones 3 \ L.- as.. i 32744 -.: —.1 i as shown on this plat \ ____ ____ ____ 677. 74 _ ___ — N8975 41-W Review No. 1 ENGINEERING REVIEW Hakanson Residential Subdivision Anderson for the City of Otsego Assoc., Inc. by Hakanson Anderson Associates, Inc. Submitted to: Honorable Mayor and City Council cc: Mike Robertson, Administrator Judy Hudson, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Tom Brown, Terra Development, Inc. Chris Garda, P.E. RLK Incorporated Reviewed by: Ronald J. Wagner, P.E. Shane M. Nelson, P.E. Benjamin S. Nelson, E.I.T. Brent M. Larson Date: March 1, 2006 Proposed Development: Great River Centre of Otsego Street Location The E 1/2 of the NE'/ of Section 22, T121, R23 of Property: and a portion of the W 1/2 of the NW '/ of Section 23, T121, R23. 93± acres, southeast of C.S.A.H. 42 & C.S.A.H. 39. Applicant: Tom Brown Developer: Terra Development, Inc. 21025 Commerce Blvd. Suite #900 Rogers, MN 55374 763 - 463 -0289 Owners of Record: Appello Group, LLC Purpose: Great River Centre of Otsego is a proposed retail commercial and office development on 93± acres in the City of Otsego, Wright County, Minnesota. Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of (but not limited to) Natural Resources, Minnesota Pollution Control Agency, Minnesota Health Department Permits Required: NPDES, Minnesota Department of Health (water), and (but not limited to) Minnesota Pollution Control Agency (sanitary sewer) C: \Documents and Settings \Tami \Local Settings \Temporary Internet Files\ Content. IE5 \854MAZGM \ot2296- GRCRVW1.doc TABLE OF CONTENTS INFORMATION AVAILABLE SUBDIVISION CONFIGURATION, LOT SIZE, DENSITY EXISTING CONDITIONS TRAFFIC /ACCESS ISSUE PRELIMINARY PLAT PRELIMINARY GRADING PLAN WETLANDS PRELIMINARY UTILITY PLAN SANITARY SEWER SYSTEM WATER SYSTEM STORM SEWER SYSTEM SURFACE WATER MANAGEMENT STREETS ENVIRONMENTAL OTHER CONSIDERATIONS SUMMARY AND /OR RECOMMENDATION C:\Documents and Settings\Tami\Local Settings \Temporary Internet Files\ Content. IE5\854MAZGM \ot2296- GRCRVW1.doc INFORMATION AVAILABLE Preliminary Plat of Great River Centre of Otsego, 2/14/06, by RLK Incorporated Existing Condition Plan for Great River Centre of Otsego, 10/29/04, by Miller Dunwiddie Architecture, Inc. Preliminary Site Grading Plan for Great River Centre of Otsego, 2/14/06, by RLK Incorporated Preliminary Utility Plan for Great River Centre of Otsego, 2/14/06, by RLK Incorporated Preliminary Stormwater Management Plan for Great River Centre of Otsego, February 2006 City of Otsego Engineering Manual Minnesota Rules, Chapter 4410 — EAW Requirement Trunk Stormwater Facilities Study for Portions of the Lefebvre Creek Watershed, March 1999 City of Otsego Zoning and Subdivision Ordinances, 10/14/02 National Wetland Inventory Map, 1991 C:\Documents and Settings \Tami \Local Settings \Temporary Internet Files\ Content. IE5 \854MAZGM\ot2296- GRCRVW1.doc SUBDIVISION CONFIGURATION, LOT SIZE, DENSITY 1. No comments. EXISTING CONDITIONS (ALTA/ACSM SURVEY) 1. There is a 24" culvert approximately 450' south of 88 Street that shall be located. This pipe carries runoff from the west side of C.S.A.H 42 to the east side, through Great River Centre. 2. There is an abandoned well located between the Silos near the farms house about 670' south of 88 Street. 3. There are two driveway accesses to Twin Cities Beekeeping on the south side of 85 Street that are not depicted. 4. Additional inverts shall be provided for the existing storm sewer manholes. (Le. existing structures are missing invert information). Please see the attached construction plans depicting these utilities. 5. Verification of the existing storm sewer along the south side of 85 Street NE is required. The information provided does not agree with the construction plans for 85 Street NE and depicts an incorrect direction of flow. The storm manhole south of 85 Street NE and east of C.S.A.H. 42 shall be located prior to construction. 6. Existing zoning for land abutting the subdivision shall be shown. (21- 6- 2.B.2.) 7. Adjoining subdivided and unsubdivided land shall be identified by name and ownership. (21- 6- 2.B.6.) TRAFFIC /ACCESS ISSUE 1. Access to the plat is being provided at three points off of C.S.A.H. 42. A future access point to the south will be provided with the extension of Quaday Avenue NE. 2. 85 Street NE and 87 Street NE provide full intersections to C.S.A.H. 42. The existing 88 Street NE is shown to changed to a right in, right out only intersection. The City is concurrently designing the C.S.A.H. 42 roadway improvement. The county has reviewed spacings and access and has agreed with the proposal. 3. Access must be maintained to the businesses south of 85 Street NE, east of the intersection with C.S.A.H. 42, and north of 88 Street NE. PRELIMINARY PLAT 1. A 10' minimum drainage and utility easement is required along all lot lines. The full (10') width is required when no easement exists on the adjoining parcel. (21- 7- 15.A.) C: \Documents and Settings \Tami \Local Settings \Temporary Internet Files\ Content. lE5 \854MAZGM\ot2296- GRCRVW1.doc 2. 65' of R.O.W. is being provided along C.S.A.H. 42. Concurrence from Wright County has been obtained provided that the small utilities are located within the adjacent 10' drainage and utility easement. 3. The R.O.W. shall be rounded with a 10' radius at all intersections for ease of small utility installation. 4. Identify the edges of all delineated wetlands. 5. Additional drainage and utility easements are required to cover the hydrants and storm sewer. 6. The ponds in Outlots E, G, I, and M shall be covered by drainage and utility easements. 7. Depict the existing R.O.W. along the south plat line on the adjacent property. This R.O.W. will be required for the extension of 85 Street NE. PRELIMINARY REMOVALS PLAN 1. No comments. PRELIMINARY SITE PLAN 1. The street intersections shall be rounded by a radius of no less than 20 feet. Radii to arterial and collector streets shall be no less than 30 feet and 50 feet for all streets to C.S.A.H. 42. 2. Access to the Outlots and their parking lots is currently not being depicted. Entrances shall be constructed from city streets prior to the wear course being placed. 3. Access to the existing business south of 85 Street NE shall be provide. PRELIMINARY GRADING PLAN 1. The NWL, 2 -Year, 10 -Year, and 100 -Year HWL shall be shown for all sedimentation basins. 2. Provide centerline elevations or street grades for all streets. 3. All basins shall be in accordance with the City of Otsego standard detail #404. Basins shall have a 10:1 bench at the NWL, a minimum depth of 4', and a maximum depth of 10'. The maximum length to width ratio is 3:1. C: \Documents and Settings \Tami \Local Settings \Temporary Internet Files\ Content. IE5 \854MAZGM \ot2296- GRCRVW1.doc WETLANDS 1. Depict all delineated wetland boundaries. The development to the south of 85 Street has a delineated wetland depicted in the northwest corner of Outlot L. It appears that this wetland is proposed to be filled. Mitigation of 2:1 must be provided. PRELIMINARY UTILITY PLAN SANITARY SEWER SYSTEM 1. Please verify the sanitary sewer services for Block 1, Lot 3. There are two water services and only one sanitary sewer service for the lot. 2. All sanitary sewer services must be down stream of the water service. Please revise service locations. WATER DISTRIBUTION SYSTEM 1. Hydrant coverage is insufficient. Maximum hydrant spacing shall be 300' for commercial, industrial, or high- density residential areas. 2. All proposed butterfly and gate valves shall be shown. STORM SEWER SYSTEM 1. The NWL, 2 -Year, 10 -Year, and 100 -Year HWL shall be shown for all sedimentation basin. 2. Verify the invert elevations for CBMH -220, the outlet invert is higher than the inlet invert elevations. 3. FES -600 is located too close to the pond's outlet. Relocation of the inlet or outlet pipe will be required to prevent short- circuiting of the pond. 4. The existing storm sewer along the south side of 85 Street NE, west of Parson Avenue NE, has the flow arrows going in the opposite direction of the pipe grade. 5. The minimum storm sewer pipe size shall be 15" diameter. 12" diameter pipe will be allowed for catch basin lead and on skimmer structure inlet pipe if necessary. Please revise the storm sewer from CBMH -1010 to the existing structure and from CBMH- 1100 to the existing structure. 6. A detail will be required for the storm manhole proposed over the existing pipe, from CBMH -1010. 7. A drainage and utility easement will be required over all the treatment ponds drainage swales. C: \Documents and Settings \Tami\Local Settings \Temporary Internet Files\ Content. 1E5 \854MAZGM \ot2296- GRCRVW1.doc SURFACE WATER MANAGEMENT 1. Model a 10 -year storm event. 2. The existing drainage areas for this site are generally correct. However approximately 26.3 acres to the west of C.S.A.H 42 flows through the site and must be accounted for in the existing and proposed hydrology models. A 24" culvert under C.S.A.H. 42, 450' south of M Street carries this flow from the west side to the east side of C.S.A.H 42. 3. The existing hydrology model is routed incorrectly. For the western portion of the site Area 1 flows to Pond Z through 18" storm sewer pipe, and Pond X flows to Pond Z through a 42" pipe. The eastern portion of the site flows to the ditch along Hwy 101 and then to the south along the ditch to culverts that would carry the majority of the flow under Hwy 101 to the east side of the highway. Therefore, Area 4 flows to the east side of Hwy 101 through 2 -24" culverts, Area 5 flows to the east side of Hwy 101 through 3 -24" culverts, and Area 7 likely flows to the east side of Hwy 101 through another culvert south of the projects site. 4. A ditch is proposed to connect to the South pond to Lefebvre Creek. The NWL of Lefebvre Creek is 851.9. A ditch with a minimum grade from this NWL will raise the NWL of all the ponds on site significantly. Please review and revise. 5. The NWL shall be the same as the outlet elevation(s) for all ponds. 6. The hydrology report attempts to model "equalizer" pipes between the West, East, and Central ponds. With the understanding that HydroCAD does not model tailwater well, we believe that more accurate results may be obtained if a single large pond with the area equal to the sum of the areas for each of the smaller ponds is used. 7. The storm sewer appears to have sufficient capacity for a 10 -year storm event and the quantity and placement of the catch basins also appears to provide adequate drainage for the site. A drainage map depicting the areas flowing to each catch basin and inlet spread calculations will be required with the final plat submittal. Also, please note that the minimum velocity through storm sewer pipe is 3.0 fps. STREETS 1. The parking spaces along Pinnacle Avenue NE, Parson Avenue NE, and 86 Street NE shall be a minimum width & depth of 9' and curb length of 23'. 2. The street intersections shall be rounded by a radius of no less than 20 feet. Radii to arterial and collector streets shall be no less than 30 feet and 50 feet for all streets to C.S.A.H. 42. DETAILS 1. Must include a detail for the standard water service. C: \Documents and Settings \Tami \Local Settings \Temporary Internet Files\ Content. IE5 \854MAZGM\ot2296- GRCRVW1.doc 2. Must include a detail for the typical butterfly valve & box installation 12" & over, City of Otsego Standard Plate #206. 3. Must include a detail for the standard sanitary sewer service. 4. Must include a detail for the standard skimmer structure, City of Otsego Standard Plate #402. 5. Must include a detail for the typical treatment basin, City of Otsego Standard Plate #404. 6. Must include a detail for the Riprap at R.C.P. Outlet, City of Otsego Standard Plate #500. 7. Must include a detail for the bale drop inlet sediment filter, City of Otsego Standard Plate #504. 8. A typical section for concrete sidewalk and bituminous path sections are required. 9. A typical section for the streets is required. The street sections shall be based on the Geotechnical's recommendation. ENVIRONMENTAL 1. A statement certifying the environmental condition of the site is required. (21-6 - 2.B.10) OTHER CONSIDERATIONS 1. A geotechnical report prepared by a qualified soils engineer shall be submitted. (21- 6- 2.8.11) Geotechnical report shall include a recommendation for the street section. SUMMARY AND /OR RECOMMENDATION We recommend approval contingent upon the above comments being addressed. C: \Documents and Settings \Tami\t_ocal Settings \Temporary Internet Files\ Content. IE5 \854MAZGM \ot2296- GRCRVW1.doc Review No. 1 ENGINEERING REVIEW Hakanson Residential Subdivision Anderson for the City of Otsego Assoc., Inc. by Hakanson Anderson Associates, Inc. Submitted to: Honorable Mayor and City Council cc: Mike Robertson, Administrator Judy Hudson, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Tom Brown, Terra Development, Inc. Chris Carda, P.E. RLK Kuusisto LTD Reviewed by: Ronald J. Wagner, P.E. Shane M. Nelson, P.E. Benjamin S. Nelson, E.I.T. Brent M. Larson Date: March 1, 2006 Proposed Development: Ryan Phase I of Great River Centre of Otsego Street Location A portion of the E 1/2 of the NE % of Section 22, T121, R23. of Property: 19.61± acres, southwest of C.S.A.H. 42 and 88 Street N.E. Applicant: Tom Brown Developer: Terra Development, Inc. 21025 Commerce Blvd. Suite #900 Rogers, MN 55374 763- 463 -0289 Owners of Record: Appello Group, LLC Purpose: Ryan Phase I of Great River Centre of Otsego is a proposed retail commercial and office development on 19.61+ acres in the City of Otsego, Wright County, Minnesota. Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of (but not limited to) Natural Resources, Minnesota Pollution Control Agency, Minnesota Health Department Permits Required: NPDES (but not limited to) C: \Documents and Settings \Tami\Local Settings \Temporary Internet Files\ Content. IE5\ 854MAZGM \ot2296- phasel- RVW1.doc TABLE OF CONTENTS INFORMATION AVAILABLE SUBDIVISION CONFIGURATION, LOT SIZE, DENSITY PRELIMINARY PLAT EXISTING CONDITIONS MASTER PLAN PRELIMINARY SITE PLAN PRELIMINARY GRADING PLAN WETLANDS PRELIMINARY UTILITY PLAN SANITARY SEWER SYSTEM WATER SYSTEM STORM SEWER SYSTEM SURFACE WATER MANAGEMENT STREETS DETAILS ENVIRONMENTAL OTHER CONSIDERATIONS SUMMARY AND /OR RECOMMENDATION C: \Documents and Settings \Tami \Local Settings \Temporary Internet Fiies\ Content.IE5 \854MAZGM\ot2296- phases- RVW1.doc INFORMATION AVAILABLE Preliminary Plat of Great River Centre of Otsego, 2/14/06, by RLK Incorporated Existing Condition Plan for Great River Centre of Otsego, 10/29/04, by Miller Dunwiddie Architecture, Inc. Preliminary Site Grading Plan for Great River Centre of Otsego, 2/14/06, by RLK Incorporated Preliminary Utility Plan for Great River Centre of Otsego, 2/14/06, by RLK Incorporated Preliminary Stormwater Management Plan for Great River Centre of Otsego, February 2006 Preliminary Site Grading Plan for Ryan Phase I of Great River Centre of Otsego, 2/14/06, by RLK Incorporated Preliminary Utility Plan for Ryan Phase I of Great River Centre of Otsego, 2/14/06, by RLK Incorporated City of Otsego Engineering Manual, 5/12/03 Minnesota Rules, Chapter 4410 — EAW Requirement Trunk Stormwater Facilities Study for Portions of the Otsego Creek Watershed, February 2003 City of Otsego Zoning and Subdivision Ordinances, 10/14/02 National Wetland Inventory Map, 1991 C: \Documents and Settings \Tami\Local Settings \Temporary Internet Files\ Content. IE5\ 854MAZGM \ot2296- phasel- RVW1.doc SUBDIVISION CONFIGURATION, LOT SIZE, DENSITY 1. No comments. PRELIMINARY PLAT 1. Submit a preliminary plat of the site depicting drainage and utility easements, for review. EXISTING CONDITIONS 1. Existing zoning for land abutting the subdivision shall be shown. (21- 6- 2.B.2.) 2. Adjoining subdivided and unsubdivided land shall be identified by name and ownership. (21- 6- 2.B.6.) MASTER PLAN 1. The NWL, 2 -Year, 10 -Year, and 100 -Year HWL shall be shown for all sedimentation basins. PRELIMINARY SITE PLAN 1. Include information for the radii and dimensions for entrances. PRELIMINARY GRADING PLAN 1. No comments. WETLANDS 1. No comments. PRELIMINARY UTILITY PLAN SANITARY SEWER SYSTEM 1. The sanitary sewer serving the general merchandise store along the north side shall be relocated with in the paved area. There is a concern about confliction between the sewer and future small utilities to be located in the boulevard. 2. Please verify the slope of the sanitary sewer service from MH -3 to existing stub, there is currently no grade being provided. WATER DISTRIBUTION SYSTEM 1. Hydrant coverage is insufficient. Maximum hydrant spacing shall be 300' for commercial, industrial, or high- density residential areas. C: \Documents and Settings \Tami \Local Settings \Temporary Internet Files\ Content. lE5\ 854MAZGM\ot2296- phasel- RVW1.doc 2. Two additional gate valves shall be installed at the 8 "x8" tee on the south side of the general merchandise building. • 3. All looped watermain will require utility easements. 4. Additional utility easements are needed to cover the fire hydrants. STORM SEWER SYSTEM 1. The invert elevation of the stub south of CBMH -150 does not agree with the invert elevation shown on the overall preliminary storm sewer plan. Please verify. SURFACE WATER MANAGEMENT 1. See comments for Great River Centre preliminary plat review #1, dated 3/1/06. STREETS 1. No comments. DETAILS 1. No comment. ENVIRONMENTAL 1. A statement certifying the environmental condition of the site is required. (21 -6- 2.B.10) OTHER CONSIDERATIONS 1. A geotechnical report prepared by a qualified soils engineer shall be submitted. (21- 6- 2.B.11) Geotechnical report shall include a recommendation of the street section. SUMMARY AND /OR RECOMMENDATION We recommend approval contingent upon the above comments being addressed. C: \Documents and Settings \Tami\L.ocal Settings \Temporary Internet Files\ Content. IE5\ 854MAZGM \ot2296- phasel- RVW1.doc ITEM 7_3 NAC NORTHWEST ASSOCIATED CONSULTANTS, INC. d 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231 2561 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 22 March 2006 RE: Otsego — Zoning Administration NAC FILE: 176.08 City staff has discussed changes to the development application process related to publishing notice for public hearings. The City's current application process requires applications to be submitted no later than the day prior to the due date for notice of a public hearing to be submitted to the Elk River Star News. Although the schedule is "no later than" most plans are submitted on the due date. City staff at best has time to make only a very preliminary review of the application before notice is sent. Although with most applications, there has been at least one, if not many, discussions between City staff and a developer leading up to the formal applications. On two occasions recently, notices of public hearings for large residential developments were published. Subsequent review of the application by City staff found significant issues or insufficient information to allow the applications to be presented. The public hearings were opened by the Planning Commission and continued to another meeting without review or discussion. These situations create difficulty for the City given the interest generated by the public notice and the inability to present information at the scheduled time or to be able to respond to questions. To address this issue, City staff is proposing to revise the development processing schedule to require applications to be submitted 15 days prior to the date notice of a public hearing must be submitted to the Elk River Star News. The 15 day period coincides with the provisions of Minnesota Statues 15.99 allowing cities 15 days to review and determine if an application is complete for submission. The 15 day submission review period would allow City staff to review the plans for completeness and identify any significant technical issues prior to notice of a public hearing being issued. This process would also hopefully reduce the number of necessary conditions and plan revisions required after Planning Commission and City Council review. City staff's goal continues to be to facilitate the development review process for City Officials, developers and the general public. We believe that the changes outlined above will provide for greater confidence as to the thoroughness of the City's review of development applications and will ultimately provide for a more streamlined process for all concerned. c. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner 2 MEMO Date: March 23, 2006 To: Mayor & Council From: City Administrator Mike Robertson Re: Development Submittals Twice within the last few months we have faced a situation whereby we have noticed a public hearing for a development and when people arrive at the public hearing they find it is continued because the developer submitted incomplete plans. This has occurred because the developers have submitted plans at the last possible minute. Staff then is forced to immediately notice the public hearing to meet State mandates for public notice. Unfortunately it requires several days for Ron and Dan to review the plans to find out that they are incomplete. By then the public notices have already been sent. I recommend that we modify our procedure and do not set a public hearing and send notices until staff has certified that the plan submittals are complete. This will be a minor inconvenience to residential developers by pushing back their approval times, usually by two weeks, at most by four weeks. ITEM 8_1 COURI, MACARTHUR & RUPPE, P.L.L.P. Michael C. Couri* Attorneys at Law David R. Wendorf Andrew J. MacArthur 705 Central Avenue East Kristen H. Carr Robert T. Ruppe ** PO Box 369 Alison K Marwitz St. Michael, MN 55376 -0369 *Also licensed in Illinois (763) 497 -1930 * *Also licensed in California (763) 497 -2599 (FAX) courimacarthur@earthlink.net March 22, 2006 City Council Members City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Sanitary Sewer Connection Across Kittredge Crossing Tenth Addition Dear Council Members: Please find enclosed for your review and possible action at your regularly scheduled meeting on March 27 a proposed Agreement between the City and Bulow, Inc. to cover the costs and liability of a temporary sanitary sewer line across Kittredge Crossing Tenth Addition to the proposed Kadler Avenue forcemain. Attached to the Agreement is a temporary construction and sanitary sewer easement that needs to be executed by Darrel Farr Development Corporation in order to allow the construction to proceed. I have forwarded the Agreement and the easement to Bulow, Inc. and it is their responsibility to execute the Agreement and to get the easement executed. This is to be included under the Engineer's agenda items for the meeting on the 27 I will be available at that meeting to answer any questions that you might have regarding this matter. Very truly yours, Andrew J. MacArthur COURI, MACARTHUR & RUPPE, PLLP Encls. cc: Ron Wagner, City Engineer Dan Licht, City Planner Chris Bulow • AGREEMENT BETWEEN THE CITY OF OTSEGO AND BULOW, INC. REGARDING EXTENSION OF TEMPORARY SANITARY SEWER LINE ACROSS PROPERTY OWNED BY DARREL A. FARR DEVELOPMENT CORPORATION WHEREAS, the City of Otsego has entered into a contract with GM Contracting to extend a forcemain from the boundary of the proposed Plat of Kittredge Crossing Tenth Addition along Kadler Avenue northward to Riverwood National in order to provide sanitary sewer service to Riverwood National; and WHEREAS, in order to make a connection from the forcemain to existing City sanitary sewer facilities a temporary line must be constructed across the proposed Kittredge Crossing Tenth Addition property which is owned by Darrel A. Farr Development Corporation; and WHEREAS, in order for construction of the additional line to occur a temporary easement to the City of Otsego across Kittredge Crossing Tenth Addition has been acquired by Bulow, Inc. and is attached as Exhibit A. NOW, THEREFORE the parties agree as follows: 1. The parties agree that the City will authorize a change order to its existing contract with G M Contracting to extend a temporary sanitary sewer line across Kittredge Crossing within the temporary easement with all costs related to the change order being borne by Bulow, Inc. including any and all related engineering, legal or administrative costs. 2. Said additional costs will be secured by the current Letter of Credit now in place and any additional escrow or other money presently being held by the City in conjunction with Riverwood National or any other development owned or controlled by Bulow, Inc., Chris and Linda Bulow or any related entities. 3. In light of the additional costs and potential for project overruns, no current Letter of Credit will be reduced until such time as the forcemain project is completed. 1 4. Bulow, Inc. agrees to defend, fully indemnify and hold harmless the City of Otego and Darrel A. Farr Development Corporation from any and all claims or causes of action of any nature related to the extension of temporary sanitary sewer service across the Kittredge Crossing Tenth Addition to Kadler Avenue. 5. Any consideration or obligations undertaken in order to procure the temporary easement from Darrel A. Farr Development Corporation are solely obligations of Bulow, Inc. and are not binding on the City of Otsego. In the event that the property owner seeks to extinguish the easement as a result of any action or failure to act on the part of Bulow, Inc., Bulow, Inc. shall be fully responsible for any and all liabilities to the City ,its agents, or contractors resulting from said actions or failure to act. 6. In the event that, for whatever reason, any costs or expenses incurred by the City of Otsego resulting from the original forcemain project or the change order are not covered under the security presently in place, Bulow, Inc. agrees to have said amount assessed against property it own in Riverwood National or at any other location within the City of Otsego and waives any irregularity in proceedings, hearings, and any right of appeal statutory or otherwise. 7. Any and all costs related to abandonment of the temporary line at the time that permanent connection is made are the sole responsibility of Bulow, Inc. AGREED by the Parties this day of March, 2006. BULOW, INC. By: Its CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk 2 TEMPORARY CONSTRUCTION AND TEMPORARY SANITARY SEWER EASEMENT Darrel A. Farr Development Corporation, a corporation under the laws of the State of Minnesota, Grantor, for and in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, does hereby convey to the City of Otsego, a Minnesota municipal corporation, Grantee, a temporary construction easement and temporary sanitary sewer easement for construction of a temporary sanitary sewer line and operation, maintenance, repair, abandonment and restoration work for said facilities, over, under, and across the following described real estate in the County of Wright, State of Minnesota: SEE ATTACHED EXHIBIT A The temporary construction easement and temporary sanitary sewer easement will terminate at such time that construction of a permanent sanitary sewer connection is made, approved by the Otsego City Engineer, and is in actual operation. The temporary construction easement and temporary sanitary sewer easements provide the City, it agents or contractors a right of entry and right to construct, operate, maintain and repair the sanitary sewer line and to do restoration work as needed during the term of the easement upon the property described. All costs related to construction, restoration and abandonment of the temporary sanitary sewer service line will be the responsibility of the City of Otsego. Dated: DARREL A FARR DEVELOPMENT CORPORATION 1 By: Its: STATE OF MINNESOTA ) ) s.s. COUNTY OF WRIGHT ) Subscribed and sworn to before me this day of 200 by as of Darrel A. Farr Development Corporation with authority on behalf of Darrel A. Farr Development Corporation, Grantor. NOTARY PUBLIC • This Instrument Drafted By: Couri, MacArthur & Ruppe P.L.L.P. P.O. Box 369 705 Central Ave. East St. Michael, MN 55376 (763) 497 -1930 2 CHANGE ORDER NO. 1 3/22/2006 KADLER AVENUE FORCE MAIN C.O.P. NO. 06 -11 CITY OF OTSEGO TOTAL CONTRACT AMOUNTS Schedule "C" - Change Order No.1 Description Estimated Quantity Unit Price Extension 6" Plastic Pipe Forcemain Installed by Horizontal Directional Drilling 1980 LF $22.59 • $44,728.20 " DIP CL 52 Force Main 40 LF $34.61 $1,384.40 DIP Fittings 400 LBS $3.55 $1,420.00 6" Gate Valve wNalve Box 4 EA $1,005.30 $4,021.20 Single Air Release/ Vacuum Manhole -10' Build 1 EA $9,109.78 $9,109.78 Single Clean Out Manhole -10' Build 1 EA $8,557.48 $8,557.48 Connection To Existing Manhole 1 LS $1,500.00 $1,500.00 Total Schedule "C "Change Order No.1 $70,721.06 \ \Ha01 \Shared Docs\Municipal\AOTSEGO \630 \SPEC \OT630 B1D TAB CHANGE ORDER NO. 1 .. - 4 Easement Exhibit We o urcor B 6 5 6 � z �3 2 II Crest Tig 5f KAdditioe ® ©VI® © _ e 0 r itred N a'� Gasaings 5th Addition 1 12 _ r✓ 5 v .1st t • �,• ©� '� " City of Otsego 6 , = © ARTER , 5 IFIA 1 UTH PROPOSED EASEMENT DESCRIPTION �:' 7 EA � r 4 Edge of Wet A temporary easement for sanit00y sewer and construction purposes over, under and across the oath 20.00 feet of Me Southwest Quarter of Section 26, t•, 6 /' “ 121' 2 Township 121. Range 24. Wright County. Minnesolo lying west of the west line of KITTREDGE CROSSINGS 5TH ADDITION, soid Wright County, Minnesota. 5 5 OF SE C. 26' The temporary construction easement and temporary sanitary sewer easement r Cill t al ch time That construction of permanent sanitary se 4 �.� S operation. The temporary construction eoseementl o and sanito •lea' © easements provide the City, it agents or contractors a right of entry and right lipp, , , © to construct, operate, maintain and repair the sanitary sewer line and to do restoration work as needed during the term of the eas ent upon the properly N tm 2 2 ' epora l ry c san tart' sewer vice I ne ill be�he spon ilil siby f I ohe City © of Otsego. 1 , er w r 4 t �— © NOTES: WET LAND 1. Base drawing by Westwood Professional Services. w KA _ I UE NE 2. Area of temporary easement: 32.421 sq. ft. = 0.744 acres. 12 3 1 N Z 2 = R • \)-NNN i I I I mi i i 0 2 6 6 5 + Roy p 4 2 2 1 2 U' =I Temporary Easement c 2 CC Edge of Wet Land 3 � 3 7 • , , o , 22 t- - ,} @@ 9 Y •� 55 & • 3 KAEDING AVENUE NE • , ';• WET 3i t V... '1 weal one m me southwest Quarter KADLER , AVENUE .� y11 1/1 f:' 1 Sec. 26. Twp. 121, Rge. 24 ,- KADLER AVENUE N.E. VJ a vs ri 000 0 100 200 SC*E M FEET DATE 6(1651 N meet tIWl7A 5 EET H akanson Anderson Easement Exhibit Easement Exhibit H l _ 1 ndersn Assoc., Inc. • Civil Engineers and o no Surveyors Proposed Kittredge Crossings for DRS 3/22/06 3601 Tm.eton A»., Mono. 2inwaete 55303 Po 9 1 as• NEW 763- 427 -5660 FAX 763- 427 -0520 10th Addition City of Otsego .w.uw iti7i nw.o.awa•...r•avra ate mess www.hakanson- ondereon.0005 SHEETS ITEM 8.2 RESOLUTION NO.: 2006- 22 RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS WHEREAS, it appears to the City Council of the City of Otsego that the streets hereinafter described should be designated Municipal State Aid Street under the provisions of Minnesota law. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Otsego that the road described as follows, to- wit: 70 Street NE from CSAH #19 to Maciver Avenue Maciver Avenue NE from CSAH #37 to 70 Street NE 70 Street NE from Nashua Avenue to CSAH #37 75 Street NE from Nashua Avenue to Odean Avenue NE be, and hereby established, located, and designated a Municipal State Aid Street of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon her approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Otsego, to be numbered and known as Municipal State Aid Street 217- 111 (70 Street), 217 -112 (Maciver Avenue) and 217 -108 (78th /75th). ADOPTED March 27 , 2006 Motioned By: Seconded By: All in Favor: Those Opposed: Larry Fournier (Mayor) Judy Hudson (City Clerk) ot315RES RESOLUTION NO. 2006- 21 RESOLUTION REVOKING MUNICIPAL STATE AID STREETS WHEREAS, it appears to the City Council of the City of Otsego that the streets hereinafter described should be revoked as a Municipal State Aid Street under the provisions of Minnesota law. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Otsego that the road described as follows, to -wit: Quaday Avenue from CSAH #42 (River Road) to CSAH #42 (Parrish Avenue NE) be, and hereby revoked as a Municipal State Aid Street of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the revocation of said road or portion thereof, as a Municipal State Aid Street of the City of Otsego, which was numbered and known as Municipal State Aid Street 217- 109 -030 and 217- 107 -(025, 030 and 035). ADOPTED March 27 , 2006 Motioned By: Seconded By: All in Favor: Those Opposed: Larry Fournier (Mayor) Judy Hudson (City Clerk) I ! , ot315RES1 1 R R i 1 i • • � • / � I .. - 1 air I z • — 'P' giral---,,, aor imalm. _ Vimilimr,ilirgoorm nit %.*.4 - 1111117 n 1 III ► ►II ►III % ,`,.;� . . Al -A . �� r ... II� k '' NI kt _ „..,:_i ri WJ!IIiIUIIU ,m14%. ittr?, i : i _1 '� � I11■ ■�1 II I iffilL ..rte I��.� ►9, �i� 111■RILL' kl 441.q� 1 rt M 1 _ MIA _A. nil .... ... „Pt 11111' 111111111PW Willl'' 1..1 11 sa ° = I. Ilix‘iiINVIll II 1 Mill, ��, ihmaires...„,..... 11111..1 - . .� ; - \ II . ■ II I 1I . , ,� ;,,,, m o;ME 11 11°.• .__ , 1 �1 \� � I � ► �� E � � � \� emu.= 7_ Prilq".."11 `i ii11 1!1 � .1�I 91 Him o; . : ■ I�. IIIIIII f nind lnn1.. �� ..e ■I =-,tilgeg `ri ' -1 , .1111` / n: R �` • A Ill • 1■ �.i*1I1 ��( .1'.rt..., . Ti.`� III 1" 1 11. Lei 5144.1% 4 M _ � g.„4 .4 _,4„ ..... .1 , � Milan h.17 ��IIt ' » ....4.....414 11111x1: .1j, III rd . i _ — �. Mid RT. . r- � 1.�._.�� .i1 WAWA V+1lIB , �% 111 aYr. 1- , Z r . nm - . 111 1 ,� 1 �� ± ^� ■ I I � Bt .. - a . 6 3 a e 8 8 1 j T. '"'" 1 . . L- wimp, m I..1l • i 1 I 1 I 1 s • _ a �" II r , 5J _ � � .' ,. a ulaiaa ga I 1 8 -- . . . g — — 1, l�J/ i.: pe � 1 � �; = 9 1 � $$$ ii E$I §;'ii'' o- � i / II.1. k �� 6 1 1 @ c ::: $$ :::::::' it3o,-,7, ii 0 Hakanson 11 A nderson 3601 Thurston Avenue, Anoka, MN 55303 30 m Assoc., Inc. Phone: 763/427 -5860 Fax: 763/427 -0520 March 21, 2006 Honorable Mayor and City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Re: MSA Street Designations Dear Mayor and Council: Minnesota State Aid (MSA) requires designation of 2006 Needs by April 1, 2006. Therefore, the City should review the State Aid System and revise it in order to take maximum advantage of the number of State Aid Miles available. The annual certification of State Aid roads was submitted by Hakanson Anderson Associates, Inc. to State Aid prior to the January 15, 2006 deadline and shows the City of Otsego eligible to designate a total of 21.34 miles. A total of 20.03 miles was designated in 2005 leaving 1.31 miles eligible for designation this year. We have the following option for the Council to consider in designating the 2006 MSA Needs: Miles Description A. Revoke Route No. 109 Segment 030 — Queens 0.41 To be constructed by Avenue (CSAH 42 to CSAH 37) Developer B. Revoke Route No. 107 Segment, 025, 030, 035 1.16 To be constructed by Quaday Avenue (River Road to Parrish Avenue) Developer 2006 MSA Miles Available 1.31 2.88 1. New Route No. 111 - 70 Street (CSAH 19 to 0.5 Existing Gravel Maciver) 2. New Route No. 111 - 70 Street (Nashua Avenue 0.53 Existing Gravel to CSAH 37) 3. New Route No. 112 - Segment 020 — Maciver 0.62 New Road Avenue (70 Street to CSAH 37) 4. New Route No. 108 - 70 Street (Nashua Avenue 1.12 to Odean Avenue) Total 2.77 The addition of 70 Street and Maciver would create shared MSA streets with Albertville and count 1/2 against each City. This would allow for both Cities to go for Federal funding and use State Aid monies to upgrade 70 Street. Honorable Mayor and City Council March 21, 2006 Page 2 The addition of 75 Street from Odean Avenue to Nashua Avenue provides over 1 mile of needs on a non - existing road. This area will gather full needs for a number of years before construction of this road is necessary. If you have any questions, please call me at 763 - 427 -5860. Sincerely, Hakanson Anderson Associates, Inc. /O Ronald J v ' . gner, X . RJW:dmb Enclosure cc: Mike Robertson, City Administrator Judy Hudson, City Clerk Hakanson ot315mrJ Anderson Assoc., I nc. Hakanson 30 Anderson 3601 Thurston Avenue, Anoka, MN 55303 Phone: 763/427 -5860 Fax: 763/427 -0520 Assoc., Inc. March 21, 2006 Kelvin Howieson Assistant District Engineer Mn/DOT District 3 1991 Industrial Park Road S. Baxter, MN 56401 Re: Otsego MSA Streets Dear Kelvin: Enclosed are resolutions by the City of Otsego establishing and revoking Municipal State Aid Streets. A map is included. If you have any questions or comments, you may contact me at 763 - 427 -5860. Sincerely, Hakanson Anderson Associates, Inc. Ronald J. Oner, p,? RJW:dmb Enclosures cc: Mike Robertson, Administrator Judy Hudson, Clerk ot31 Skh2 ITEM 8_3 RESOLUTION NO. 2006- 18 RESOLUTION ACCEPTING FEASIBILITY STUDY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATION FOR THE IMPROVEMENTS OF COUNTY ROAD 42 (PARRISH AVENUE) WHEREAS, the City Council ordered the preparation of a feasibility study for the improvement on the 27th day of February, 2006; and WHEREAS, such feasibility study was prepared by Hakanson Anderson Associates, Inc. and presented to the Council on the 27th day of March, 2006; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $2,571,107.20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Otsego, MINNESOTA: To hereby receive the feasibility report with an estimated total cost of improvements of $2,571,107.20, subject to limited amendments in conformance with owners approved plan. • Adopted by the council this 27 day of March 2006. Motioned By: Seconded By: All in Favor: Those Opposed: Larry Fournier, Mayor Judy Hudson, Clerk C:\Documents and Settings \Judy\Local Settings \Temporary Internet Files\ Content. IE5\ KZHDBVCB \ot370resAppFeasOrdPlans.doc ITEM 8.4 RESOLUTION NO. 2006 -20 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS A RESOLUTION DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF 62 STREET AND QUALE AVENUE NE. WHEREAS, the City Council ordered the preparation of a feasibility study for the improvement on the 10th day of October, 2005; and WHEREAS, such feasibility study was prepared by Hakanson Anderson Associates, Inc. and presented to the Council on the 13th day of February, 2006; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $400,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Otsego, MINNESOTA: to hereby receive the feasibility report with an estimated total cost of improvements of $400,000.00. BE IT FURTHER RESOLVED by the City Council: to hereby direct the firm of Hakanson Anderson Associates, Inc. to prepare the plans and specifications for such improvement project. Adopted by the council this 27 day of March, 2006. Motioned By: Seconded By: All in Favor: Those opposed: ATTEST: Larry Foumier (Mayor) Judy Hudson (City Clerk) C:\Documents and Settings\Judy\Local Settings \Temporary Internet Files\ Content .1E5 \S9QB85YR \ot368r3.doc ITEM 9. CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA CONTRACT FOR BUILDING INSPECTION SERVICES THIS CONTRACT entered into this day of March, 2006, by and between the City of Otsego, a municipal corporation (hereinafter "CITY ") and Kermit ( "Jerry") G. Olson, hereinafter referred to as the INDEPENDENT CONTRACTOR. BUILDING INSPECTOR DESIGNATED: The CITY hereby appoints the INDEPENDENT CONTRACTOR as the Building Inspector as that term is defined under Minnesota Statutes and Rules, for the CITY OF OTSEGO. The INDEPENDENT CONTRACTOR represents that he is certified by the State of Minnesota as a building inspector and shall undertake at his own expense to remain so certified throughout the term of this Contract. INDEPENDENT CONTRACTOR understands and acknowledges that continued certification is a material condition of this contract. The INDEPENDENT CONTRACTOR serves under the direction of the City Building Official. TERMS OF CONTRACT: This Contract shall commence immediately and shall continue in effect until December 31, 2007, unless there is a material breach of the terms and conditions of the Agreement (which material breach will be determined solely by the CITY) or the Agreement is terminated by the CITY for cause during that time period. In the event of termination by CITY, for either a material breach or for cause, no notice period is required. For purposes of this Agreement, cause is defined as any violation of law by the INDEPENDENT CONTRACTOR occurring while CITY work under this Agreement is being performed, or any other actions by the INDEPENDENT CONTRACTOR deemed to be detrimental to the CITY by, and at the sole discretion of, the City Council. SCOPE OF THE CONTRACT: The INDEPENDENT CONTRACTOR agrees to provide building inspection services, plan review, and inspection of individual sewage treatment systems for the CITY in accordance with the State Building Code as adopted by the CITY and amended from time to time, Minnesota Rules for Individual Sewage Treatment Systems and as they are amended from time to time, and applicable City Ordinances, under the direction of the City Building Official. The INDEPENDENT CONTRACTOR agrees to make any and all necessary inspections to insure compliance with the State Building Code, Minnesota Rules and applicable City ordinances. ADDITIONAL WORK UNDER THE CONTRACT: The INDEPENDENT CONTRACTOR shall at the request of the City Council, City Administrator or Building Official perform additional work not involving building permits. Additional work shall include, but not be limited to, such matters as the evaluation of dilapidated or hazardous buildings or structures, hazardous excavations, the preparation of reports for enforcement of City Code violations or abatement proceedings, as well as the service of documents, drafting of letters and testimony related to the same, and any other investigations, inspections, or testimony reasonably deemed to be necessary by the City Council, City Administrator, or Building Official in order to promote and protect the health, safety and welfare of the citizens of the CITY. KEEPING OF RECORDS: Within the scope of this Contract, the INDEPENDENT CONTRACTOR shall maintain and keep secure an adequate set of records, correspondence and memoranda from which can be determined the date, number, status, factual observations, findings and conclusions of all inspections and building permit applications together with any other information deemed necessary by the parties hereto. The original records maintained hereto are deemed the property of the CITY, and the CITY shall have access to said records at any time and for any purpose. Upon termination of this Contract all original records shall be turned over to the CITY. INDEPENDENT CONTRACTOR may retain copies for his files. INDEPENDENT CONTRACTOR STATUS: INDEPENDENT CONTRACTOR shall furnish all equipment of whatever nature necessary to fulfill the terms and conditions of this Contract including vehicles and any and all equipment, tools, materials and supplies, except for nominal office supplies, necessary for properly making and recording required inspections. INDEPENDENT CONTRACTOR shall be free to keep whatever hours he sees fit so as long as he fulfills the terms and conditions of this Contract. INDEPENDENT CONTRACTOR shall not request or receive, and is not qualified to receive, any retirement benefits, health or dental insurance benefits, life insurance benefits, PERA benefits, workers compensation benefits, unemployment benefits, or any other fringe benefit or other incentive offered by the CITY. Further, (INDEPENDENT CONTRACTOR forever waives any present or future claim to any such benefit and acknowledges that he is, in fact, an INDEPENDENT CONTRACTOR, and will make no claim either now, or anytime in the future, that his status with the CITY is, or was, that of an employee. The INDEPENDENT CONTRACTOR shall carry all insurance necessary to operate as an Independent Contractor and with coverage limits adequate to protect the CITY, including liability insurance for the benefit of the CITY and with coverage acceptable to the CITY. The acceptability of all insurance and the limits of coverage of such insurance will be determined by the CITY, at its sole discretion. INDEPENDENT CONTRACTOR shall be deemed solely liable for any acts or omissions which affect the CITY's interests. Due to the nature of the work to be performed and the convenience to citizens of having the Independent Contractor readily available, the CITY shall provide the INDEPENDENT CONTRACTOR with use of a work area within the CITY offices, including the use of usual furnishings. LOCATION OF THE WORK TO BE PERFORMED: The INDEPENDENT CONTRACTOR agrees that the work shall be performed within the CITY, except that inspections of buildings to be moved into the CITY shall be made at the location of such building prior to its removal. EXPENSES: The INDEPENDENT CONTRACTOR agrees that it will seek no reimbursement for out -of- pocket expenses incurred in the performance of his obligations under this Contract, unless such expenses are specifically set forth in this Contract. PAYMENT FOR ADDITIONAL WORK: As compensation for all work as set forth in this contract, the INDEPENDENT CONTRACTOR shall be paid $50.00 per hour, payable with other verified accounts at a regularly scheduled City Council meeting. BOND: The parties agree that no fiduciary bond shall be required and the INDEPENDENT CONTRACTOR agrees to remain at all times licensed by the State of Minnesota as a certified Building Inspector, as well as any other licenses required to make any and all inspections required by this Agreement. CONTROL: The INDEPENDENT CONTRACTOR retains the sole and exclusive right to control or direct the manner or means by which the work described herein is to be performed. The CITY retains only the right to control the ends to ensure its conformity with proper completion of the tasks set forth herein. PAYROLL OR EMPLOYMENT TAXES: No payroll or employment taxes of any kind shall be withheld of paid with respect to payments to the INDEPENDENT CONTRACTOR. The payroll or employment taxes that are the subject of this paragraph include, but are not limited to, FICA, FUTA, federal personal income tax withholding, state personal income tax withholding, state disability insurance tax and state unemployment insurance tax. The INDEPENDENT CONTRACTOR is responsible for payment of any and all taxes related to compensation received under this Agreement. WORKER'S COMPENSATION: No Worker's Compensation insurance has been or will be obtained by the City on account of the INDEPENDENT CONTRACTOR. SEVERABILITY: Should any term or condition of this Agreement be found invalid by a court of competent jurisdiction, such finding shall not affect or invalidate the remaining terms and conditions of this Agreement. MERGER: Any previous agreements between the parties, either written or oral, are hereby merged into this Agreement. IN WITNESS WHEREOF, the INDEPENDENT CONTRACTOR and CITY have executed this Agreement this day of March, 2006. CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk INDEPENDENT CONTRACTOR BUILDING INSPECTOR Kermit (Jerry) G. Olson ITEM 70.7 MEMO Date: March 23, 2006 To: City Council From: City Administrator Mike Robertson Re: Personnel Manual I have enclosed an updated City of Otsego Personnel Manual. This manual has been updated based on the direction the Council gata workshop ed on the several months ago. It has not been updated discussion at the workshop last week as no motion was made. The enclosed policies use strikeouts to show text that was changed or taken out; underlines to show text that was added or replaced. CITY OF OTSEGO PERSONNEL POLICY Adopted: March 27, 2006 Effective as of: April 1.2006 THE POLICIES ARE NOT TERMS AND SHALL NOT BE REGARDED AS OR CONSTRUED AS CONTRACTUAL PROVISIONS. THE PROVISIONS MAY BE CHANGED AT ANY TIME BY A MAJORITY VOTE OF THE CITY COUNCIL. THE PROVISIONS SHALL NOT BE INTERPRETED AS CREATING ANYTHING OTHER THAN AN AT WILL EMPLOYMENT SSG RELATIONSHIP WHEREIN THE EMPLOYEE MAY TERMINATE HIS/HER EMPLOYMENT AT ANY TIME FOR ANY REASON AND THE CITY MAY TERMINATE THE EMPLOYEE AT ANY TIME FOR ANY REASON. INDEX SECTION TITLE PAGE ADMINISTRATIVE ORGANIZATION SECTION 1 -1 Purpose 1 SECTION 1 -2 Intent of City Regarding Policies and Employment 1 1 -2.1 Statement 1 1 -2.2 Purpose 1 SECTION 1 -3 City Council Responsibilities 1 1 -3.1 Statement 1 SECTION 1 -4 Applicability 1 1 -4.1 Regular and Probationary positions 1 1 -4.2 Elected Officials, Contract Employees, Commissions 2 1 -4.3 Joint Powers Agreement 2 SECTION 1 -5 Duration of Employment 1 1 -5.1 Statement 1 SECTION 1 -6 Discrimination 2 1 -6.1 Statement 2 SECTION 1 -7 Unlawful Acts 2 1 -7.1 Falsification of Records 2 SECTION 1 -8 Definitions 2 1 -8.1 Purpose 2 1 -8.2 Exempt Employees 2 1 -8.3 Holiday Time 3 1 -8.4 Non - Exempt Employees 3 1 -8.5 Overtime Pay 3 1 -8.6 Overtime Double Time 3 1 -8.7 Regular Full Time Position 3 1 -8.8 Regular Part Time Position 3 1 -8.9 Temporary Position 3 1 -8.10 Time and a Half 3 SECTION 1 -9 Provisions Superseded in Certain Cases 3 1 -9.1 Statement 3 SECTION 1 -10 Compensation 3 1 -10.1 Amount 3 SECTION TITLE PAGE 1 -10.2 MN State., 179A.25 3 1 -10.3 Temporary and part -time employees 3 1 -10.4 Federal Fair Labor Standards 3 1 -10.5 Paydays 4 1 -10.6 Work Hours 4 PROBATION SECTION 2 -1 Probationary Periods 4 2 -1.1 Objective 4 2 -1.2 Duration 4 NON - EXEMPT EMPLOYEES SECTION 3 -1 Eligibility for Employee Benefits 5 3 -1.1 Statement 5 SECTION 3 -2 Vacation and Personal Leave 5 3 -2.1 Vacation 5 3 -2.2 Personal Leave 5 3 -2.3 Classification 5 3 -2.4 Administration 5 3 -2.5 Short Term Disability Insurance 5 3 -2.6 Short Term Disability Insurance Statement 5 3 -2.7 Administration of Vacation and Personal Leave 6 SECTION 3 -3 Holidays 6 3 -3.1 Official Holidays 6 3 -3.2 Holiday Leave 6 3 -3.3 Administration of Holiday Leave 6 SECTION 3 -4 Emergency/Funeral Leave 7 3 -4.1 Statement 7 3 -4.2 Immediate family members definition 7 3 -4.3 Length of leave 7 SECTION 3 -5 Military Leave 7 3 -5.1 Statement 7 3 -5.2 Authorized leave 7 SECTION 3 -6 Jury Duty 8 3 -6.1 Authorized Leave 8 3 -6.2 Pay X SECTION TITLE PAGE SECTION 3 -7 Leave of Absence without Pay 8 3 -7.1 Authorized Leaves of Absence 8 3 -7.2 Unauthorized Leaves of Absence 8 3 -7.3 Benefits and Pay 8 3 -7.4 Statement of Rights ••• 8 SECTION 3 -8 Insurance 8 3 -8.1 Statement 8 SECTION 3 -9 Deferred Compensation 9 3 -9.1 Statement 9 SECTION 3 -10 Flexible Benefit Plan 9 3 -10.1 Statement 9 3 -10.2 Pay Conversion Contributions 9 3 -10.3 Plan Document 9 EXEMPT EMPLOYEES SECTION 4 -1 Eligibility for Exempt Status 10 4 -1.1 Statement 10 SECTION 4 -2 Salaried Exempt Employees 10 4 -2.1 Classification 10 4 -2.2 Work Hours 10 4 -2.3 Full Day Taken Off 10 4 -2.4 Yearly Hours 10 SECTION 4 -3 Salary Review 10 4 -3.1 Statement 10 EMPLOYEE RESPONSIBILITY SECTION 5 -1 Responsibilities of City Employees 11 5 -1.1 Statement 11 5 -1.2 Responsibilities 11 SECTION 5 -2 Sexual Harassment 11 5 -2.1 Purpose 11 5 -2.2 Policy 11 5 -2.3 Statement 11 SECTION TITLE PAGE 5 -2.4 Apply Policy 11 5 -2.5 Definition 11 5 -2.6 Behavioral 11 5 -2.7 Reporting Process 12 5 -2.8 Investigation 12 SECTION 5 -3 Discipline 12 5 -3.1 Statement 12 5 -3.2 Policy 13 5 -3.3 Disciplinary Process 13 5 -3.4 Employee Response 13 SECTION 5 -4 Reports of Disciplinary Action 13 5 -4.1 Statement 13 RETIREMENT BENEFITS SECTION 6 -1 Public Employees' Retirement Association 14 6 -1.1 PERA, Deductions 14 6 -1.2 Social Security 14 GENERAL PERSONNEL POLICY PROVISIONS SECTION 7 -1 Report of Personnel Changes 14 7 -1.1 Statement 14 SECTION 7 -2 Conflict of Interest 14 7 -2.1 Statement 14 7 -2.2 Example of Activities 14 7 -2.3 Reporting Process 15 7 -2.4 Investigation 1.5 SECTION 7 -3 Child Support or Spousal Maintenance 15 7 -3.1 Statement 15 SECTION 7 -4 Receipt or Solicitation of Gifts 15 7 -4.1 Statement 15 7 -4.2 Departmental Requirements 15 7 -4.3 Unlawful Acts 1.5 SECTION 7 -5 Workers Compensation 1.5 7 -5.1 Elected Officials and appointed officers 1.5 7 -5.2 Exposure to hazardous substances 15 SECTION TITLE PAGE SECTION 7 -6 Whistleblowers 16 7 -6.1 Statement 16 7 -6.2 Identity Disclosure 16 7 -6.3 False Statements 16 7 -6.4 State & Federal Law 16 SECTION 7 -7 Notice of Reasons for Termination 16 7 -7.1 Involuntarily termination 16 7 -7.2 Communication of statement 16 SECTION 7 -8 Drug Free Workplace 16 7 -8.1 Statement 16 7 -8.2 Drug Testing Policy 17 ADMINISTRATIVE ORGANIZATION SECTION 1 -1 PURPOSE It i the purpose of this personnel policy to establish a uniform and equitable system of personnel administration for employees of the City of Otsego. It is the policy of the City of Otsego not to discriminate in employment matters on the basis of race, creed, color, age, marital status, national origin, sex, status with regard to public assistance, or disability. SECTION 1 -2 INTENTION OF CITY REGARDING POLICIES AND EMPLOYMENT Sec. 1 -2.1 The foregoing policies are unilaterally created and implemented by the City and are intended to serve only as guides for employment. THE POLICIES ARE NOT TERMS AND SHALL NOT BE REGARDED AS OR CONSTRUED AS CONTRACTUAL PROVISIONS. THE PROVISIONS MAY BE CHANGED AT ANY TIME BY A MAJORITY VOTE OF THE CITY COUNCIL. THE PROVISIONS SHALL NOT . BE INTERPRETED AS CREATING ANYTHING OTHER THAN AN AT WILL EMPLOYMENT SETTING RELATIONSHIP, WHEREIN THE EMPLOYEE MAY TERMINATE HIS/HER EMPLOYMENT AT ANY TIME FOR ANY REASON AND THE CITY MAY TERMINATE THE EMPLOYEE AT ANY TIME FOR ANY REASON. Sec. 1 -2.2 This booklet is not a contract but is intended solely to give eligible employees a short description of the working conditions at this place of employment. If at any time there should be a conflict between a description in this booklet and a labor contract, personnel policy, or both, the terms of the actual contract or personnel policy will govern in all cases. Personnel policies are applied at the discretion of management the City Council and may be withdrawn, applied, or amended at any time. The foregoing policies are not intended to in any way supersede or replace any applicable State or Federal laws. SECTION 1 -3 CITY COUNCIL RESPONSIBILITIES Sec. 1 -3.1 The City Council shall in accordance with its statutory responsibility to manage the City, be responsible for the maintenance and periodic revision of personnel policy and the City's personnel program. SECTION 1 -4 APPLICABILITY Sec. 1 -4.1 Only individuals occupying positions designated as "regular" or "probationary" full time by the City Council shall be covered by the provisions of this policy. Specifically excluded are temporary, seasonal, volunteer, or paid on call positions. "Regular" and " probationary" part time positions designated as such by the City Council shall he extended the provisions or this personnel policy only when the provision expressly indicates that it applies to such employees. Sec. 1 -4.2 Elected officials, t3 f e fe ssieRais, contract employees kbnikling—inspeeter4, contract consultants, members of appointed City boards, commissions, and committees, volunteer personnel, and emergency employees are all not within the scope of this Personnel Policy. 1 Sec. 1 -4.3 Any individual receiving wages and benefits from the City pursuant to a Joint Powers Agreement between the City and other political subdivision are not within the scope of this personnel policy, but are, rather, subject to those policies of the Joint Powers entity. SECTION 1 -5 DURATION OF EMPLOYMENT Sec. 1 -5.1 After an employee has successfully completed the probationary period after hire or promotion as indicated by a satisfactory performance evaluation, and as approved by the City Council, they shall be designated as a regular employee. Such designation shall he employed to differentiate between these employees and probationary or other employee classifications. The term 'regular' shall not be used to define duration of employment with the City. Employment shall remain at will and may be terminated by either the City or the employee at any time for any reason. SECTION 1 -6 DISCRIMINATION Sec. 1 -6.1 No person shall be employed, promoted, demoted, or discharged by the city or in any way favored or discriminated against because of political opinions or affiliations, race, color, national origin, religion, sex, marital status, status with regard to public assistance or disability, or because of the exercise of rights under provisions of the public Employment Labor Relations Act, Minn, Stat. 179A.01 to 179A.25. No person who is between 18 and 70 years of age shall be discriminated against with reference to city employment in any way forbidden by federal or state law. SECTION 1 -7 UNLAWFUL ACTS Sec. 1 -7.1 Falsification of records. No person shall knowingly make any false statement, certificate, mark, rating, or report in regard to any test, certificate, or appointment held or made under the city personnel system, or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions of this ordinance. SECTION 1 -8 DEFINITIONS Sec. 1 -8.1 For policy purposes, the following terms shall have the meanings given herein: _ . ` . .. . . - • .11 . - , : - - - - - - - - - - - . - .. - eligiblc for overtime. Sec. 1 -8.2 "Exempt Employees" means those employees assigned to executive, administrative, or professional positions which are exempt from the minimum wage and overtime compensation provisions of the Fair Labor Standards Act (FLSA). Sec. 1 -8.3 "Holiday Time" means the period of time between the commencement of the first shift on the day on which the holiday is observed continuing through twenty -four (24) consecutive hours thereafter. Sec. 1 -8.4 "Non- Exempt Employees" means those employees assigned positions which are subject to the minimum wage and overtime compensation provisions of the Fair Labor Standards Act (FLSA). 2 Sec. 1 -8.5 "Overtime Pay" means .payment to employees for services performed in excess of the normal work period (currently 4, 8, 9, or 10 hours, depending upon department schedule), and when the payments are required by applicable state and federal overtime laws, by an applicable collective bargaining agreement, or by written personnel policies. Sec. 1 -8.6 "Overtime Double Time" means the rate of pay for employees who work Sundays and holidays as overtime. Payment shall be twice the hourly rate. Sec. 1 -8.7 "Regular Full Time Position" means a group of duties and responsibilities requiring the employment of a person for at least forty (40) hours per week per week throughout the year, from year to year, and which have been defmed as regular full time by the City Council. Sec. 1 -8.8 "Regular Part -time Position" means a group of duties and responsibilities requiring the part -time employment of one person for a least fourteen (14) but less than forty (40) hours per week throughout the year, from year to year, and which have been defmed as regular part -time by the City Council. Sec. 1 -8.9 "Temporary Position" means a group of duties and responsibilities requiring the temporary or seasonal employment of one person without regard to the number of hours worked per day or per week by the individual. Sec. 1 -8.10 "Time and a Half' means the rate of pay to be compensated to employees who work over an eight, nine, or ten hour day, depending upon the work schedule, or over 40 hours in a week. The rate of pay shall be one and one half hours for every hour of overtime worked. SECTION 1 -9 PROVISIONS SUPERSEDED IN CERTAIN CASES Sec. 1 -9.1 No provision of this Policy is intended to violate, supersede, or conflict with any applicable Constitution, statute or regulation, whether state or federal, or any provision of a collective bargaining agreement in effect between the City and any of its employees, and to the extent of any such violation the offending provision of this Policy shall be void, but all remaining provisions of this Policy shall remain in effect. SECTION 1 -10 COMPENSATION Sec. 1 -10.1 Amount. Employees of the city shall be compensated according to the schedule established by the City Council. Any wage or salary so established is the total remuneration for employment, but shall not be considered as reimbursement for official travel or other expenses which may be allowed for the conduct of official business. Unless approved by the Council, no employee shall receive pay from the city in addition to the salary authorized for the position to which he or she has been appointed. Sec. 1 -10.2 Subject to MN Stat., 179A.25 but notwithstanding any other law to the contrary, the city shall, by August 1, 1991, establish equitable compensation relationships as prescribed by MN Stat. 471.991 to 471.999. Thereafter compensation of each class of city positions shall be fixed in compliance with the provisions of those statutes. Sec. 1 -10.3 Temporary and part-time employees. Temporary employees are not entitled to sick leave, vacation leave, or holidays with pay. Sec. 1 -10.4 Employees to whom the Fair Labor Standards Act applies shall be compensated for overtime work at one and one -half times their regular rate of pay. Gempefisatefy at a time. Employees may accumulate accrue up to 40 ten (10) hours per calendar year of 3 h , or ked Sec. 1 -10.5 Paydays. Employees shall be paid bi- weekly on Wednesdays. When a pay day falls on a holiday, employees shall receive their pay the preceding work day. Sec. 1 -10.6 Work hours. Work schedules for personnel shall he established by the appropriate department head with the approval of the Council. The regular work week for Administrative employees is four ten -hour working days including a lunch period, Monday through Thursday, or four nine -hour working days including a lunch period, Monday through Thursday, and one four -hour day, Friday, except as otherwise established by the department head in accordance with the eustem-and needs of the department. The regular work week for Public Works employees is five eight -hour days, or four nine -hour days including a lunch period, Monday through Thursday and one four hour day, Friday, in summer. PROBATION SECTION 2 -1 PROBATIONARY PERIODS Sec. 2 -1.1 Objective: The probationary or worki.+g test period shall he regarded as an integral part of the selection process and shall be utilized by supervisors for closely observing the employee's work. Performance, skills and ability demonstrated during the probationary period shall be evaluated by the supervisor to recommend or deny regular appointment. Sec. 2 -1.2 Duration: Every person appointed to a position, including promotional positions, shall be required to successfully complete a werldng4est-er probationary period. The probationary period shall be a minimum of six (6) months which may be extended in certain circumstances to enable the immediate supervisor to observe the employees' ability to perform the duties of the position. The probationary period shall begin immediately upon appointment and shall normally continue for the period established. If the probationary period is a result of promotion, employee benefits will not be discontinued for the duration of the period. 4 NON - EXEMPT EMPLOYEES SECTION 3 -1 ELIGIBILITY FOR EMPLOYEE BENEFITS Sec. 3 -1.1 Employee benefits mentioned in this section apply only to those employees _ .., '.. . - .. • • . " who are deemed non - exempt from the Fair Labor Standards Act minimum wage and overtime regulations and specifically exclude seasonal, contract, part - time, temporary, paid on call, or volunteer employees, except when such groups are expressly included by the provisions of this policy. Regular employees who are hired for positions requiring less than full time may be granted certain employee benefits enumerated in this policy as determined by the City Council, provided that the granting of such benefits shall be based on a ratio of the employee's actual working hours as compared to a full time position of two thousand eighty (2080) hours per year. SECTION 3 -2 VACATION & PERSONAL LEAVE Sec. 3 -2.1 Vacation. Vacation will accrue according to the following schedule for regular full-time employees: COMPLETED YEARS ACCRUAL PER ACCRUED-LEAVE VACATION IN OF EMPLOYMENT PAY PERIOD HOURS PER YEAR 0 through 1 year 1.54 hours 40 hours 2 through 5 years 3.08 hours 80 hours Over 5 years 120 hours 6 through 9 years 4.62 hours 120 hours 10 through 14 years One additional day for each year 15+ years 6.15 hours 160 hours • :k V�aaattien hail Qee s.. 9e • - • • . ... _.. - . A ' . . - . : . ?.na -r0 hears & p d 1 h.. c!, .. - .. , .... - .. - hHI y ner16� Sec. 3 -2.2 ien—and Personal Leave. Employees will receive 40 hours of Personal Leave per year once they have passed their probationary period. There shall be no accrual of Personal Leave. Sec. 3 -2.3 Vacation and Personal Leave will be classified as leave which is scheduled in advance with departmental approval. accrued. Employees may carry over up to 40 hours of vacation per year, based upon date of hire. There shall be no carry over for Personal Leave; it must be used by December 31 of each calendar year. Sec. 3 -2.5 The City will provide short term disability (STD) insurance for each employee when he /she has successfully completed the probationary period. The coverage pays weekly benefits beginning on the first day of disability caused by an injury or the eighth day of disability resulting from sickness, for up to 26 weeks. The benefit equals two - thirds of the employee's weekly wage, up-to with a minimum of —$400:00r $300.0() per week. Sec. 3 -2.6 An employee receiving payments under the City's STD insurance plan will not accrue annual leave. 5 Sec. 3 -2.7 Administration of Vacation and Personal Leave. The following procedures shall he followed in administering annual leave for regular full time and regular part time employees: Sec. 3 -2.7.1 Employees may not use Vacation and Personal Leave in excess of the amount they have accrued without departmental approval. Sec. 3 -2.7.2 Vacation and Personal Leave cannot be transferred from one employee to another. Sec. 3 -2.7.3 Vacation and Personal Leave shall accrue during the probationary period. Vacation and Personal Leave shall not be available for use until after successful completion of the probationary period. Sec. 3 -2.7.4 Vacation and Personal Leave shall not be earned by an employee during leaves of absence without pay. Sec. 3 -2.7.5 Supervisors shall establish procedures for scheduling leaves over as long a period as possible, giving consideration to the needs of the City services and the ability of the remaining staff to perform work responsibilities. Sec. 3 -2.7.6 Vacation and Personal Leave shall normally be scheduled in periods of one week (40 hours), but in no case less than one (1) hour. Sec. 3 -2.7.7 Vacation and Personal Leave shall be calculated as follows: if an employee is on leave during a regularly scheduled eight -hour day, eight hours will be considered; the same shall apply for 4, 9, and 10 hour days.) SECTION 3 -3 HOLIDAYS Sec. 3 -3.1 The City observes the following to be official State holidays for regular and probationary full time City employees; New Year's Day (January 1st) Martin Luther King, Jr.'s Birthday (3rd Monday in January) Presidents Day (Third Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4th) Labor Day (First Monday in September) Veteran's Day (November 1 lth) Thanksgiving Holiday (Fourth Thursday in November) Christmas Day (December 25th) Sec. 3 -3.2 Holiday Leave. All regular full time employees will be eligible to receive one dayor _ • -- - - - • - - - -- :,., - • •- .._..'. -: , • - • commensurate hours (dependent upon the number of regularly scheduled hours) of holiday leave, to be known as a floating holiday, which shall be taken at a time mutually agreed upon by the Employee, and their supervisor. A floating holiday shall not be scheduled on the same day as another holiday. A floating holiday must be used the year received or it will he lost. Sec. 3 -3.3 Holiday leave shall be administered according to the following: A. All official holidays shall be considered to commence at the beginning of the first shift on the day on which the holiday is observed and continue for twenty four (24) consecutive hours thereafter. 6 B. Regular and probationary full time employees will he entitled to receive pay for official holidays at their regular straight time pay provided they worked the department's last regular shift to which they were assigned following the holiday or are on an approved vacation leave or floating holiday. C. Employees who are required to work on a holiday recognized by the City shall receive overtime pay in addition to their normal holiday pay depending upon their eligibility as determined by the City Council. D. When a holiday falls upon a Saturday, the preceding Friday shall he ohserved as the holiday. When a holiday falls upon a Sunday, the following Monday shall he ohserved as the holiday. Under current policy, Administrative staff will not receive compensation or holiday leave for any holiday that falls on Friday or Saturday because those are already days off. SECTION 3 - 4 EMERGENCY/FUNERAL LEAVE Sec. 3 -4.1 Emergency /funeral leave may be granted to regular full time City employees by the employee's immediate supervisor. To be eligible for emergency /funeral leave an employee must furnish adequate proof that a death has occurred within the employee's immediate family or that a member of the immediate family suffers from a debilitating personal illness or accidental bodily injury such that his/her physical care required the continuous presence of the employee. Sec. 3 -4.2 The term "immediate family" shall include spouse, mother, father, children, step - children, brother, or sister of the employee; or grandmother or grandfather of the employee or spouse, mother -in -law or father -in -law, brother -in -law, or sister -in -law of the employee. Relatives of the employee other than those above listed shall not he considered members of the immediate family for the purposes of this policy, - - . • -• - " - - - " • - - - • - - Sec. 3 -4.3 Paid emergency /funeral leave may be granted for one or two work days where the supervisor concludes such leave is warranted. SECTION 3 -5 MILITARY LEAVE Sec. 3 -5.1 The reinstatement of rights of any employee who entered the military service of the United States by reason of a Law enacted by Congress or who voluntarily enlisted during the effective period of such law shall be determined in accordance with the provisions of the law granting such rights. Sec. 3 -5.2 Employees who are members with active status with an armed forces reserve unit shall be granted military leave when called to authorized training or active service. Such employee shall receive a maximum of fifteen (15) days leave in any calendar year which may he allowed provided that the employee appropriately requests such leave in writing accompanied with a copy of the official written orders; returns to City employment immediately following such authorized leave and immediately submits verification of all military pay received to the immediate supervisor. Employees on authorized military leave shall receive the difference between their normal salary and military pay for the approved period. The City cannot require that an employee on military leave use accrued paid leave. While on such authorized leave, employees shall not lose seniority status or benefits normally accorded them as a City employee. 7 SECTION 3 -6 JURY DUTY LEAVE Sec. 3 -6.1 Full time employees shall be granted paid leaves of absence for required jury duty provided that such duty does not exceed fifteen-454-days one - hundred twenty (120) hours in any one calendar year. Employees shall receive that portion of their regular straight time pay which will, together with their jury pay, equal their total compensation for the same period. The time spent on jury duty shall not be counted as time in computing overtime. Employees excused or release from jury duty during their regular working hours shall report to their supervisors immediately thereafter. Sec. 3 -6.2 Employees shall notify their supervisor as soon as possible after receiving notice to report for jury duty. The employee will be responsible for ensuring that a report of jury duty and pay form is completed by the clerk of the court each week so that City will be able to determine the amount of compensation due for the period involved. SECTION 3 -7 LEAVE OF ABSENCE WITHOUT PAY Sec. 3 -7.1 Supervisors may, giving consideration to the needs of the City and the ability of the remaining staff to accomplish work responsibilities, authorize regular employees to be absent without pay for personal reasons for a period or periods not to exceed a total of ten (10) working days in any calendar year. Requests for leave of absence without pay in excess of ten (10) days in a calendar year must be submitted to and approved in advance by the City Council. Employees shall request such leaves of absence without pay in writing in advance of the date so desired indicating the reason(s) for absence, the specific absence period and anticipated date of return to work. Sec. 3 -7.2 Leaves of absence will not be given for the purpose of enabling any employee to work for another employer or to engage in any form of self - employment. Any employee who obtains a leave of absence by misrepresenting the purpose therefore shall he discharged. Sec. 3 -7.3 While on approved leave of absence without pay exceeding ten consecutive working days, an employee will not receive city contributions to city sponsored insurance(s) in which he /she is a member or be eligible to accrue vacation or holiday pay. Nor will the time on leave of absence without pay be considered for purposes of calculating time in active service where the period exceeds ten consecutive working days. Exceptions may he made for employees during active status with the armed forces. 3 -7.4 The City acknowledges these provisions are not intended to modify or replace any rights to any employee that are granted under State or Federal law. SECTION 3 -8 INSURANCE Sec. 3 -8.1 Benefits under City authorized insurance programs are governed by the terms and condition of the respective insurance policies, administrative interpretations thereof, and administrative procedures established unilaterally by the City. The City Council may authorize the participation of regular part time employees in these programs. 8 SECTION 3 -9 DEFERRED COMPENSATION Sec. 3 -9.1 Deferred compensation plans, which defer a portion of the employee's income for retirement purpose and shelters such deferred amounts from state and federal taxes, may be made available to all regular full time City employees. SECTION 3 -10 FLEXIBLE BENEFIT PLAN Sec. 3 -10.1 A flexible benefit plan which allows an employee to set aside pre -tax income for deductible medical and child care e*peffies-may-be is available to all regular full time City employees. It provides them with a choice among different combinations of medical care benefits, dependent care benefits, and direct compensation. Sec. 3 -10.2 Each participant may designate a portion of their compensation as Pay Conversion Contributions. These contributions Benefite. applied This benefit has been established benefits: A. Medical Expense Reimbursement ablishedhy the Employer to help provide full and complete medical care for those employees who participate in the Employer's cafeteria plan and who choose to make contributions to a medical expense reimbursement account. It is intended to provide reimbursement of deductibles, co- payments, and coinsurance amounts that a participant may be required to pay, as well as reimbursement of other medical and hospitalization expenses covered by this plan. B. Dependent Care Assistance Plan. This plan has been established by the Employer as a dependent care assistance program for the benefit of employees who participate in the cafeteria plan and who choose to make contributions to a dependent care expense reimbursement account. It is intended to provide reimbursement for eligible expenses for the custodial care of a child or other eligible dependent when such custodial care is needed to enable the participant and his or her spouse (if applicable) to remain employed. C. Premiums for Health/Dental Insurance. A participant may allocate an amount of contribution equal to the cost of the individual health/dental insurance policy owned by the participant. The participant may be reimbursed for eligible expenses with the withheld contributions Sec. 3 -10.3 The City Administrator has on file the Plan Document that details each benefit. Participants are given a Summary Plan Description upon entering the plan. 9 EXEMPT EMPLOYEES SECTION 4 -1 ELIGIBILITY FOR EXEMPT STATUS Sec. 4 -1.1 All employees of the City of Otsego that are exempt under the Fair Labor Standards Act minimum wage and overtime regulations, or covered under a collective bargaining contract, are subject to the following subsections. SECTION 4 -2 SALARIED EXEMPT EMPLOYEES Sec. 4 -2.1 The City Administrator and all Department Directors shall be employed as salaried employees. As such, their salary shall be determined by the Council and once determined the salary shall be divided into twenty -six equal pay periods throughout the calendar year. This salary shall be deemed to be the full and entire salary of those employees. These employees shall not be eligible for overtime. Sec. 4 -2.2 As salaried employees, they will be expected to log their hours and their work day will vary. Their regular work days shall be based upon their department schedule. On occasion, they are required to work on Holidays, Saturdays or Sundays and these will not be considered extra work days and they will not be compensated additionally for them. Sec. 4 -2.3 If a full day is taken off, it must be used as vacation or personal leave. Sec. 4 -2.4 Over a sustained year period, it is expected that salaried employees shall put in at least as many hours as would an hourly salaried employee considered to be full-time. SECTION 4 -3 SALARY REVIEW Sec. 4 -3.1 It shall be the general policy to review salaries and establish salary adjustments on an annual basis effective with the first day of January in each year. The City Administrator does retain the right to recommend salary adjustments in mid year due to the responsibilities, the quality of the work or the demands of the job description. 10 EMPLOYEE RESPONSIBILITY SECTION 5 -1 RESPONSIBILITIES OF CITY EMPLOYEES Sec. 5 -1.1 Efficient and effective delivery of municipal services requires active effort and cooperation between City employees and the general public. It is particularly important that all work undertaken by City employees be accomplished expeditiously, efficiently and economically. To reach this goal, the establishment of rules for employee conduct and responsibility are required. Sec. 5 -1.2 It shall be the responsibility of all employees to: A. Perform their assigned duties and responsibilities to the best of their ability at all times, and to continually strive to improve their performance. B. Render prompt, friendly and courteous service to the public at all times. C. Read, understand and comply with the rules and regulations as set forth in the personnel policy, administrative regulations and departmental rules. D. Conduct themselves with decorum and respond to inquiries and information with patience and every possible courtesy. E. Report all unsafe conditions to their supervisor, report all injuries to their supervisor and file the appropriate accident or injury related reports immediately. F. Recommend ideas for improving City services or methods of achieving greater efficiency or economy. • SECTION 5 -2 SEXUAL HARASSMENT Sec. 5 -2.1 PURPOSE: It is the City of Otsego's policy that the work force environment and the City's employees will be free of sexual harassment and that all individuals will be treated with respect. Sec. 5 -2.2 POLICY: The City's policy is that: Sec. 5 -2.3 Sexual harassment of employees is prohibited. Sec. 5 -2.4 This policy will apply to all officials and employees of the City of Otsego. Sec. 5 -2.5 Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, and other verbal, visual or physical conduct of a sexual nature when: A. Submission to such conduct is made either implicitly or explicitly a term or condition of an individual's employment: B. Submission to or rejection of such conduct by an individual is used as a basis for an employment decision affecting that individual's employment: C. Such conduct has a purpose or effect of substantially interfering with an individual's work performance of creating an intimidating, hostile, or offensive working environment. Sec. 5 -2.6 Behavior which may constitute sexual harassment includes, but is not limited to: A. Verbal harassment (e.g., epithets, derogatory remarks, or slurs): B. Physical harassment (e.g., touching, gestures, assault, impeding or blocking movement, or any physical interferes with normal work or movement); 11 C.. Visual forms of harassment (derogatory posters, letters, poems, graffiti, cartoons, or drawings); and D Requests for sexual favors or unwelcome sexual advances. Sec. -2.7 Any employee who feels he or she is being subjected to sexual harassment in any form, or who believes he or she has witnessed sexual harassment in any form, must contact his or her s pervisor, the Department Head or City Council immediately. If allegations are brought aga I st a supervisor or department head, such allegations are to be brought directly to the City Council If allegations are made against any elected official they shall be brought to the City Council thro gh the Mayor or a member of the Council who is not the subject of said allegations. All supervis rs are required to report immediately any allegation to the Department Head, and City Council Only persons with a need to know of the allegation or its resolution will be made aware of the issue. Sec. 5 -2.8 Any complaints which are made will be investigated in a timely fashion. All employees s' all cooperate in any investigation of such a complaint. If the facts support the allegations, he perpetrator of the sexual harassment will be subject to disciplinary action. Any employee found to have made a false complaint of sexual harassment or found to have given knowingly false information during an investigation of such a complaint will also be subject to disciplinary ; ction. SECTION .-3 DISCIPLINE Sec. 5 -3.1 Disciplinary Action. Employees shall be subject to disciplinary action for failing to fulfill the duties and responsibilities including, but not limited to: . Negligence or carelessness in the performance of a duty, such as in the handling or control of municipal property equipment or funds; :. Offensive or inappropriate conduct or language toward City employees or other persons; . Violation of any provisions of this policy, ordinances, order of the City Council or City Administrator or adopted Council or Administrative policy; 1. Inappropriate acceptance of fees, gifts, or other benefit in the course of the employee's work; . Incompetence or inefficiency in performance of duties; F. Failure to obey any lawful and reasonable direction given by an employee's supervisor or the City Council; G. Conviction of a crime which affects or relates to the performance of assigned duties; H. Using, threatening or attempting to use the political influence or unethical pressure to influence on a promotion, transfer, leave, or absence, increased compensation, other benefit, or any other matter in which the employee has an interest. Unethical pressure shall include offers of gifts or other special benefits, coercion, collusion, threats of blackmail, requests for favoritism, and use of unfair advantage. I. Absence from work without prior approval in accordance with this policy; J. During assigned work schedules, (1) consuming or being under the influence of alcoholic beverages, (2) having the odor of an alcoholic beverage or non - alcoholic replica on the breath, or (3) consuming or being under the influence of a controlled 12 substance, other than one prescribed by a physician which does not impair the ability to perform assigned duties; K. Excessive tardiness or abuse of sick leave privileges. L Theft of public property, pilferage, or other unauthorized use or taking of public property M. Discrimination or harassment of any City employee or any other person during work hours based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age. N. Engaging in a conflict of interest or performing public duties in a situation where the employee has a conflict of interest. 0. dishonesty in the employee's performance of duties, or making any false statements or material omissions in any matter relating to the employee's duties or employment, including employment and promotion applications and work undertaken in the scope of employment. P. Acting or failing to act in a manner otherwise specified that tends to lower discipline or morale among City employees, brings or tends to bring discredit to the City, its elected officials or employees, or that adversely affects the City. Speech protected by the First Amendment of the U.S. Constitution shall not be a basis for discipline. Q. Failure to report an accident to a supervisor immediately upon occurrence. In the case of an accident involving a vehicle the Wright County Sheriff must he notified and a report written. R. Use of city vehicles, property or equipment for unauthorized reasons. Sec. 5 -3.2. It shall be the policy of the City to administer disciplinary action uniformly and • without discrimination. :. - : .: - . - .: - . - - - - - - - . Discipline will be based upon the nature and severity of the infraction and the conditions surrounding the incident. Generally accepted principles of progressive discipline will be used where practical. Sec. 5 -3.3 Disciplinary Process. Disciplinary action will be in the form of one or more of the following: oral reprimand, written reprimand, paid or unpaid suspension, demotion and termination. The City Administrator shall issue reprimands, but the City Council must order and approve of all suspensions, demotions, and terminations. Sec. 5 -3.4 Upon request, the employee shall be afforded an opportunity to respond to disciplinary action and the nature of that response shall be determined based upon the specific circumstances surrounding the proposed discipline. SECTION 5 -4 REPORTS OF DISCIPLINARY ACTION Sec. 5 -4.1 - • - . -. - -..- -: •. : :' .. • ...: .- - :. -- against an employee. and a proper writtcn record thereof shall he provided to the affected - .. .. , , _ - ' . The City Council shall be promptly notified of all disciplinary action taken against an employee. Proper record of written reprimands, notices of suspension, and notices of discharge are to become a part of the employee's personnel file. Employees will receive notices of such discipline. 13 RETIREMENT BENEFITS SECTION i -1 PUBLIC EMPLOYEES' RETIREMENT ASSOCIATION (PERA) Sec. 6 -1.1 All persons hired for regular full and part time positions and certain temporary positions wi h the City of Otsego are members of the Public Employees Retirement Association. Employees hall have deductions made for the PERA, as established by law, from each payroll, unless chained h contract. Sec. 6 -1.2 Every employee shall be subject to the provisions of the Federal Social Security Old -Age and Survivor Insurance Program, and deduction to cover such payments will be made from each p.yroll. GENERAL PERSONNEL POLICY PROVISIONS SECTION 7 -1 REPORT OF PERSONNEL CHANGES Sec 7 -1.1 The City Council shall prescribe the necessary forms for reports of all personnel changes. Such forms shall provide spaces for entering such supporting or other pertinent informatio as the City Council shall deem necessary. SECTIO 7 -2 CONFLICT OF INTEREST Seb. 7 -2.1 The credibility of local government rests heavily upon the confidence which citizens ha e in public employees to render fair and impartial services to all without regard to personal • erest and/or political influence. The delivery of public services to our citizens requires that City e ployees scrupulously avoid any activity which suggests a conflict of interest between their priva e interest and City responsibilities. Employees of the City, or their family members, shall not e gage or have financial interest in any business or other activity which could reasonably lead to a ontlict of interest with the employee's primary City responsibilities. "Family members" shall be d; - med to be the employee, the spouse of the employee and the parents, children, and siblings of the employee or spouse and/or the lineal descendants of any of them. Se . 7 -2.2 Examples of activities which are not in accordance with this policy include, but are not • led to: 1) Having an interest in any business which has contracts or other direct dealings with the City of Otsego; 2) Activities which require the employee to interpret City Codes, ordinances or regulations when such activity involves matters with which the employee has business and/or family ties; 3) Consulting activities carried out within the City of Otsego if such consulting involves talents or skills primarily related to the employee's City work responsibilities. 14 Sec. 7 -2.3 Any employee engaging in any activity involving either an actual or potential conflict of interest or having knowledge of such activity by another employee shall promptly report the same to the City Council. The City Council shall investigate the matter and make a determination as to whether or not an actual or potential conflict exists. Sec. -2.4 If the City Council determines a conflict exists, it shall he presumed that the continuation of the practice would be injurious to the effectiveness of the employee in carrying out the emp oyee's responsibilities. In such cases the employee shall immediately terminate the conflicting a tivity or be subject to termination of employment. SECTION - 3 CHILD SUPPORT OR SPOUSAL MAINTENANCE Sec. 7 -3.1 Newly hired employees will be asked at the time of hire whether they are required by •ourt order to pay child support or spousal maintenance (alimony) which is required by law to b: withheld from their income. Those who answer yes will be asked to supply the City of Otsego w4-h a copy of the order. SECTION r - 4 RECEIPT OR SOLICITATION OF GIFTS Sec. 7 -4.1 No employee shall receive or solicit any gift from any person, business or organizatio having any business, administrative, legislative, contractual or any other relationship with the cit if the gift could be perceived to or could influence actions of an official nature. A gift is any money, tangible or intangible personal property, food, beverage, loan, promise, service or entertainme t exceeding $-5.00 $10.00, or such amount as may be set by state statute. Sec. 7 -4.2 Departments may adopt more stringent requirements but any such requirements shall be co municated to the employee and City Council by official notice at least once each calendar ye.r or shall be part of the official written procedures of the department. Sec 7 -4.3 Rendering of consideration. No person seeking employment to or promotion in the munici • al service shall either directly or indirectly give, render, or pay any money, service, or other valuable consideration to any person, or on account of or in connection with the test, appointme t, or promotion, or proposed appointment or promotion. SECTIO 7 -5 WORKER'S COMPENSATION Se.. 7 -5.1 Officials under workers' compensation act. Pursuant to Minn. Stat. 176.011, Suhd. 9, clause 6, the elected officials of the city and those municipal officers appointed for a regular to m of office are hereby included in the coverage of the Minnesota Workers' Compensa ion Act. Se . 7 -5.2 Exposure to hazardous substances. Any employee routinely exposed to hazardous substances or harmful physical agents as defined in the Minnesota Employee Right to Know Ac of 1983 (Laws 1983, Ch. 316, Minn. Stat. 182.65- 182.675) shall be trained before being assi:.ned or reassigned work exposing the employee to such substances or agents and shall he given raining annually thereafter. Training shall include an explanation of how and where information about hazards is stored in the work place, how the hazards are labeled, and where to obtain spa cific information. The supervisor (or other designated official) shall provide for such training . d for compliance with the "Minnesota Employee Right to Know Act of 1983," 15 including the establishment of specific policies to insure compliance with the state law and regulations. An employee acting in good faith has the right to refuse to work under conditions which the ern, ployee reasonably believes present an imminent danger of death or serious physical harm to the = mployee. SECTION -6 WHISTLEBLOWERS Sec. 7 -6.1 Pursuant to Minn. Stat. 181.932, the City of Otsego will not discharge, discipline, t reaten, or otherwise discriminate against, or penalize an employee regarding the employee's c mpensation, terms, conditions, location, or privileges of employment because: Sec. -6.1a Employee, or person acting on behalf of an employee, in good faith, reports a violation or uspected violation of any federal or state law or rule adopted pursuant to law to the City of Otse _o or to any governmental body or law enforcement official; Sec. 7 -6.1b The employee is requested by a public body or office to participate in an investigatio , hearing, inquiry; or Sec. 7 -6.lc The employee refuses the City's order to perform an action that the employee has an obj- tive basis in fact to believe violates any State or Federal law or rule regulation adopted pu I suant to law, and the employee informs the City of Otsego that the order is being refused for hat reason. Sec. 7 -6.2 No city official or law enforcement official will disclose, or cause to disclose, the identity of any employee, making a report or providing information under Whistlehlowers provisions ithout the employee's consent unless the investigator determines that disclosure is necessary fir prosecution. If the disclosure is necessary for prosecution, the employee will he informed p or to the disclosure. Sec 7 -6.3 Employees shall not make any statements or disclosures pursuant to this section knowing th , t they are false or that they are in reckless disregard of the truth. Sec 7 -6.4 This section does not permit disclosures that would violate federal or state law or diminis or impair the right of any person to the continued protection of confidentiality or communic. ions provided by common law. SECTION 7 -7 NOTICE OF REASONS FOR TERMINATION Sec. 7 -7.1 An employee who has been involuntarily terminated may, within five working days follo ing such termination, request in writing that the City of Otsego inform the employee of the reason for the termination. Within five working days following receipt of such request, the City of 0 sego shall inform the terminated employee in writing of the truthful reason for the terminatio Se•. 7 -7.2 No communication of the statement furnished by the City of Otsego to the employee nder Whistleblower provisions may be made the subject of any action for libel, slander, or defama lion by the employee against the City of Otsego. SECTIO ' 7 -8 DRUG FREE WORKPLACE Se . 7 -8.1 No employee of the City of Otsego shall manufacture, distribute, dispense, possess, o use a controlled substance in the work place. Violation of this provision may result in immediat termination of employment or other disciplinary action as determined by, and at the 16 sole discretion of, the Otsego City Council. Sec. 7 -8.2 Drug Testing Policy. As mandated by applicable State and Federal laws, all City employOes whose job duties require operating a commercial motor vehicle and who are required to hold a commercial driver's license shall be subject to the City's Drug and Alcohol Policy. • 17 Mar 21 06 05:11p HYMRRK ELECTRIC, INC. 651 - 462 -3721 p.l /al" :•■ ED it'or c IC, C4::. 6920 231" e N.E. Stacy, Mn. 55079 Phone: 551-462-3721/Fax: 551-452-6194 / E-mail: hymarkelectric@msn Quotation To: City • f Otsego Date: 3/21!06) Attn: Mi • hael Robertson Fax: 763-441-8823 From: K rt Paddock Re: City Hall Emergency Generator. City of • sego 17330 5 rd Street Otsego, N. 55374 Descrip . on of Quotation: The supply and installation of (1) New 125kw, 120 /208volt, 3 Phas 1800rpm, 60 Hz, Diesel driven, Emergency Standby Generator Set in a Outdoo Sound Attenuated Weatherproof Enclosure, with a Caterpillar CTG Series 400am • , 3 -Pole, Nema- 3R Outdoor Automatic Transfer Switch for transfer from normal to eaten ency power during times of normal power loss. Emergency Generator to be provide with (2) year warranty, battery charger, tank heater and operator training as per Zi - • ler Power Systems scope of material. Emerg =ncy Generator to be mounted on concrete pad (by HyMark) on West side of buildin • . The Main Disconnect and Automatic Transfer Switch are to be mounted on buildin • next to incoming service and CT cabinet for wiring by HyMark Electric, Inc. This Q otation includes all Labor, Material, Electrical Permit costs and Taxes for a comple e operating Emergency Standby System for the City of Otsego, City Hall Buildin . The T al Cost for the Supply t and Electrical Installation above: $ 59,900.00 Any • uestions Please call... Than You, Pages:1 Commercial, Industrial, Specializing in the Municipal Market. DHB Estimate 5600 Queens Ave NE Date Estimate # iuite 100 Otsego, MN 5533C 3/23/2006 17783 763 - 428 -9667 Name / Addr ss City of Otsego 8899 Nashua Av NE Otsego, MN 55330 attn; Mike Robertson Project Description Qty Rate Total Onsite Installation 250 75.00 18,750.00 Install onsite per RFP: 125 KW, Phase 208 vo t Diesel Generator set in an outdoor sound • attenuated enclosure. 00 amp Transfer Switch Located on west side of Otsego Hall Concrete pad included • Dimensions according to GENERAC Manufacturers Specifications GENERAC Model SD l30 Standby Generator Set 1 32,578.34 32,578.34T 130 KW 120/208 Volt 60 Hz, 3 Phase, 6 Cylinder Diesel Fueled Engine 7.5 Liter displacement, 1800 RPM Weather Protected Sound attenuated Enclosure (1) ASCO Auto Transfer Switch 20 Light Annunciator Panel included (see attached manufacturers complete spec sheet) Subtotal $51,328.34 Sales Tax (6.5 %) $2,117.59 Total $53,445.93 ITEM 10.3 CITY OF OTSEGO POLICE COMMIISSION BYLAWS ESTABLI - HMENT: A Police Commission is hereby establi.hed to advise the Otsego City Council on police matters. MEMBERS' I P : A) Colposition - The Commission shall consist of seven (7) me .ers. There shall be two one Councilmembere to act as liaison between the Commission and the City Counci . B) Me •ership - All members of the Commission shall be appointed by the City Council and shall serve at the will of the City Council. All adult residents and busine property owners of Otsego are eligible to be appointed to the Commission. The City Council may establ sh term lengths for Commission member's service. C) Co ncil Liaison.- The Council liaisons shall be appointed by the Mayor with ratification by the City Council. The Council liaisons arc ncithcr cannot be an office s nor voting members. TERMS: The terms of the Commission shall be three years. Some initial members shall be appointed for one or two years in order to set up a rotation of terms. The Police Commission may be terminated by the City Council at any time by majority vote. VACAN•.Y: In case of a vacancy during the term of offic= of any commissioner, the City Council shall appoi t a new member to serve the remainder of the term. A vacancy shall exist if any one of the follo ing occurs: death, disability, residence outside the C'ty, resignation, or removal by majority vote of the C'ty Council. LEGAL ADVISOR: The City Attorney shall serve as the legal advisor the Commission. Questions of the City Attorney shall be directed through a Councilmember or the City Administrator. MEETINGS: The Police Commission shall hold quarterly meeting.. All meetings of the Commission shall be open to the public and comply with the State Open Meeting Law req irements. Part of each meeting agenda must include an open forum for citizen comments. OFFICER -: The Commission shall elect from its members a Chair, Vice - Chair, and a Secretary A) Du•ies of Chair - The Chair shall preside at the meetings of the Commission. With the assistance of City staff the Chair shall prepare the agenda of the meetin•s of the Commission. The Chair can call a Specia Meeting of the Commission under State Open Meetin• law requirements. B) Du ies of Vice -Chair - The Vice -Chair shall preside at meetings in the Chair's absence. C) Du ies of Secretary - The Secretary shall hichephal the of the meetings of the Commission, incluth any motions of recommendation to the City Council. The City Council may appoint a City Staff member to act as Secretary if they so chose. City staff annot be voting members or officers. 2 DUTIES AND FUNCTIONS: The duties and functions of the Police Commission shall be as follows: A) To develop a citizen complaint procedure on matters regarding police services. B) To promote public interest in and an understanding of police work. C) To serve as a forum for the citizens of Otsego to voice their opinions regarding community safety and police services. D) This is not a Police Civil Service Commission with those powers granted such a commission under Minnesota state law. E) The Commission is not the supervisor of the Wright County Sheriff and the Sheriff's Deputies. That authority remains with the City Council. F) The Commission does not exist to make recommendations regarding; 1) Continuing, modifying, or ending the contract with the Wright County Sheriff. 2) Whether or not to start a City Police Department. 3) Development or other growth related issues. 4) Highway or street design or reconstruction. COMPENSATION: Compensation for Commission members will be established by City Council action. AMENDMENTS: This resolution shall be amended only by majority vote of the City Council. 3