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03-22-04 CCCLAIMS LIST CITY COUNCIL MEETING MARCH 22, 2004 TO: Judy Hudson ITEM 5_., 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 03-18-2004 $ 138,155.25 PAYROLL 3/17 $ 18,444.97 ' GRAND TOTAL $ 156,600.22 If you have any questions or if you would like to review this list further, please let me know. Kathy Grover Bookkeeper C7 CITY OF OTSEGO 03/18/04 9:29 AM Page 1 *Check Summary Register© MARCH 2004 Total Checks $138,155.25 FILTER: None 0 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid AIRGAS, INC. $67.79 HAZMAT UnPaid AUDIO COMMUNICATIONS $317.01 CB IN 03 PLOW TRK UnPaid B & D PLUMBING & HEATING INC $698.00 REPAIR CITY HALL FURNACES UnPaid BOISE CASCADE OFFICE PROD $187.18 OFFICE SUPPLIES UnPaid BREZE INDUSTRIES $255.87 NUTS/BOLTS UnPaid CELLULAR+ $22.38 MARCH - MAY PAGER UnPaid DAMON FARBER ASSOCIATES $1,397.00 LILYPOND PARK REBID UnPaid DAVID CHASE $30.00 MARCH CELL PHONE UnPaid EARL F ANDERSON INC $542.89 CITY STREET SIGNS UnPaid ECM PUBLISHERS INC $273.91 PUBLIC HEARING UnPaid ENCOMM MIDWEST INC $58,415.15 PUMPHOUSE 3 UnPaid G & K TEXTILE LEASING SYSTE $411.58 UNIFORMS UnPaid GOPHER STATE ONE -CALL INC $146.20 43 TICKETS UnPaid GROEN GARY CPA $2,500.00 FEB 17 TO MARCH 12, 04 UnPaid HALLMAN OIL COMPANY $954.29 OFF ROAD DIESEL UnPaid HEARTLAND TIRE SERVICE INC $254.92 02 PICKUP/PLOW TRK UnPaid ICMA RETIREMENT TRUST $422.31 PPE 3/13 CK DTD 3/17 UnPaid INDEPENDENT TESTING TECH 1 $4,125.00 85TH ST PROJECT UnPaid JACQUIE ROGNLI $875.00 JAN/FEB OTSEGO VIEW UnPaid JESSICA STOCKAMP $437.89 EASTER SUPPLIES UnPaid JOHN'S AUTO ELECTRIC 11 INC $51.12 75 FORD TRACTOR KEITH L OR LINDA LIDBERG $1,000.00 14556 78TH ST LNDSCP ESCROW 0UnPaid JnPaid KNUTSON RICK $30.00 MARCH CELL PHONE U1nPaid LANDCOR INC $8,238.45 ESCROW ACCT G701-22304 UnPaid MINNESOTA LIFE $104.50 ADMIN - APRIL UnPaid MN POLLUTION CONTROL $2,900.00 WWTP EAST ANNUAL PERMIT UnPaid MN STATE TREASURER $35.00 H LEONARD CODE SEMINAR UnPaid MONTICELLO ANIMAL CONTROL $99.00 FEB DOGS PICKED UP UnPaid NORTHERN TOOL & EQUIPMENT $6.38 BRASS QUICK COUPLER UnPaid NORTHWEST ASSOC CONSULT $13,168.39 ARBOR CREEK UnPaid NOW CARE MEDICAL CENTERS $50.00 RICKY K DOT PHYSICAL UnPaid PEOPLE SERVICE INC. $32,236.00 MONTHLY SERVICE APRIL Unpaid PUBLIC EMPLOYEES RETIREME $1,568.61 PPE 3/13 CK DTD 3/17 UnPaid RUSH MAR LAND CORPORATIO $608.21 2003 TAX REIMBURSEMENT UnPaid SOFTRONICS $456.90 ROB -LABOR UnPaid ST JOSEPH EQUIPMENT INC $42.21 93 CASE TRACTOR UnPaid TARGET STORES $25.47 DAWNS SOAP UnPaid TIER 1 $4,518.72 ESCROW ACCT Unpaid TOSHIBA AMERICA INFO SYS IN $211.83 COPIER UnPaid XCEL ENERGY $99.33 RIVERPOINTE ST LIGHTS UnPaid ZIEGLER INC $370.76 88 GRADER Total Checks $138,155.25 FILTER: None 0 CITY OF OTSEGO 03/18/04 9:30 AM Page 1 *Check Detail Register© MARCH 2004 Check Amt Invoice Comment 10100 BANK OF ELK RIVER P Un . ,- ., "' -., _,_ . .. AIRGAS..., ..INC. _.._ ..... _ _ E 101-43100-210 Operating Supplies (GENERAL) $47.47 105526767 HAZMAT E 101-43100-210 Operating Supplies (GENERAL) _ $20.32 105537170 /ACETY/OXYGEN Total AIRGAS, INC. $67,79 Unpaid AUDIO COMMUNICATIONS E 101-43100-220 Repair/Maint Supply (GENERAL) $199.06 66027 CB IN 03 PLOW TRK E 101-43100-501 Equipment $117.95 66075 CB IN 03 PLOW TRK Total AUDIO COMMUNICATIONS $317.01 Unpaid B & D PLUMBING &, HEATING INC E 101-41940-402 Repairs/Maint Buildingss $698.00 9081 REPAIR CITY HALL FURNACES Total B & D PLUMBING & HEATING INC $698.00 Unpaid BOISE CASCADE OFFICE PRODUCTS E 101-41400-201 Office Supplies $187.18 616677 OFFICE SUPPLIES Total BOISE CASCADE OFFICE PRODUCTS $187,18 Unpaid E 101-43100-203 Supplies -General $36.83 17083 NUTS/BOLTS E 101-43100-203 Supplies -General $219.04 17092 NUTS/BOLTS/WASHERS Total BREZE INDUSTRIES $255.87 �npaid CELLULAR+».� E 101-43100-410 Rentals (GENERAL) _ $22.38 0402104851 MARCH - MAY PAGER Total CELLULAR+ $22.38 Un aid P DA FARBER ASSOCIATES - ......_ _ . _. E 203-45210-390 Contracted Services _ $1,397.00 15983 LILYPOND PARK REBID Total DAMON FARBER ASSOCIATES $1,397.00 Unpaid DAVID CHASE E 101-43100-320 Telephone $30.00 MARCH CELL PHONE Total DAVID CHASE $30.00 Unpaid EARL F ANDERSON INC E 101-43100-393 Street Signs $542.89 58701 CITY STREET SIGNS Total EARL F ANDERSON INC $542.89 Unpaid ECM PUBLISHERS INC E 101-41400-350 Print/Binding (GENERAL) $64.63 162634 PUBLIC HEARING E 101-41400-350 PrinUBinding (GENERAL) $67.71 162635 ORDINANCE E 101-41400-350 Print/Binding (GENERAL) $86.17 163142 ORDINANCE SUMMARY E 101-41400-350 Print/Binding (GENERAL) $55.40 163143 NOTICE OF PUB HEARING Total ECM PUBLISHERS INC $273,91 Unpaid EINC OMM MIDWEST INC E 428-49400-500 Capital Outlay (GENERAL) $58,415.15_ PAY 7 PUMPHOUSE 3 Total ENCOMM MIDWEST INC $58,415.15 Unpaid G & K TEXTILE LEASING SYSTEM • E 101-41400-390 Contracted Services $71.76 1043424412 MATS E 101-43100-225 Uniforms $54.55 1043424413 UNIFORMS E 101-43100-225 Uniforms $50.21 1043429316 UNIFORMS E 101-41400-390 Contracted Services $71.83 1043434267 MATS E 101-43100-225 Uniforms $106.68 1043434268 UNIFORMS E 101-43100-225 Uniforms $56.55 1043439185 UNIFORMS CITY OF OTSEGO 03/18/04 9:30 AM Page 2 *Check Detail Register© MARCH 2004 Check Amt Invoice Comment Total G & K TEXTILE LEASING SYSTEM $411.58 Unpaid GOPHER STATE ONE -CALL INC E 101-41400-310 Miscellaneous $146.2_0 4020640 43 TICKETS Total GOPHER STATE ONE -CALL INC $146.20 Unpaid GROEN GARY CPA —' E 101-41600-390 Contracted Services $2,500.00 FEB 17 TO MARCH 12, 04 Total GROEN GARY CPA $2,500.00 Unpaid , -,,-- HALLMAN OIL COMPANY E 101-43100-202 Gas & Oil $557.27 1183 OFF ROAD DIESEL E 101-43100-202 Gas & Oil $397.02_ 1184 GAS Total HALLMAN OIL COMPANY $954.29 Unpaid HEARTLAND TIRE SERVICE INC _- E 101-43100-220 Repair/Maint Supply (GENERAL) $254.92 8046 02 PICKUP/PLOW TRK Total HEARTLAND TIRE SERVICE INC $254.92 Unpaid IC MA RETIREMENT TRUST E 101-41400-121 PERA $192.31 PPE 3/13 CK DTD 3/17 G 101-21705 Other Retirement $230.00 PPE 3/13 CK DTD 3/17 Total ICMA RETIREMENT TRUST $422.31 paid INDEPENDENT TESTING TECH INC E 436-43100-302 Engineering Fees $1,875.00 15721 85TH ST PROJECT E 435-43100-302 Engineering Fees $1,600.00 15721 85TH ST PROJECT E 435-43100-302 Engineering Fees $650.00 15721 85TH ST PROJECT Total INDEPENDENT TESTING TECH INC $4,125.00 F.�JACQUIE�ROGNLI E 101-41400-347 Newsletter _ $875.00. 2004-02 JAN/FEB OTSEGO VIEW Total JACQUIE ROGNLI $875.00 Unpaid JESSICA STOCKAMP E 101-45250-203 Supplies - General $437.89_ EASTER SUPPLIES Total JESSICA STOCKAMP $437.89 Unpaid _ .. .. 'JOHN'S JOH. N_S .AUTO E, LrE_C,_TR, IC I.I tN-_C.__...... _.___,_ .._ E101-43100-220 Repair/Maint Supply (GENERAL) _ $51.12 75 FORD TRACTOR Total JOHN'S AUTO ELECTRIC 11 INC $51.12 Unpaid KEITH L OR LINDA LIDBERG E 702-41400-310 Miscellaneous $1,000.00 14556 78TH ST LNDSCP ESCROW Total KEITH L OR LINDA LIDBERG $1,000.00 , ai _Uri,.d Unp KN_,. _.. ,. U. TSON_...m_. .,.,-wRICK.... E 101-43100-320 Telephone $30.00 MARCH CELL PHONE Total KNUTSON RICK $30.00 .LANDCOR INC,�...��.ra,_�.,,�.v..,�z��.,.....,.._......,�.....,_...�_,.,_.�._,..,_.,.._,., G 701-22304 OTSEGO WATERFRONT _ $8,238.45 ESCROW ACCT G701-22304 Total LANDCOR INC $8,238.45 ,,npaid MINNESOTA LIFE E 250-42410-130 Employer Paid Ins (GENERAL) $8.20 BLDG - APRIL E 101-43100-130 Employer Paid Ins (GENERAL) $74.60 PW - APRIL E 101-41400-130 Employer Paid Ins (GENERAL) $17.60 ADMIN - APRIL E 101-41600-130 Employer Paid Ins (GENERAL) $4.10 FINANCE - APRIL CITY OF OTSEGO 03/18/04 9:30 AM Page 3 *Check Detail Register© MARCH 2004 Unpaid NOW CARE MEDICAL CENTERS E 101-43100-310 Miscellaneous ______ $50.00__ RICKY K DOT PHYSICAL Total NOW CARE MEDICAL CENTERS $50.00 Unpaid I PEOPLE SERVICE INC. E 601-49400-390 Contracted Services $3,057.04 7823 RETRO JAN - MAR E 601-49400-390 Contracted Services $5,411.36 7823 MONTHLY SERVICE APRIL E 602-49450-390 Contracted Services $8,579.96 7823 RETRO JAN - MAR ' E 602-49450-390 Contracted Services $15,187.64 7823 MONTHLY - APRIL Total PEOPLE SERVICE INC. $32,236.00 Unpaid PUBLIC EMPLOYEES RETIREMENT FD E 101-41600-121 PERA $70.34 PPE 3/13 CK DTD 3/17 G 101-21704 PERA $752.59 PPE 3/13 CK DTD 3/17 E 250-42410-121 PERA $203.54 PPE 3/13 CK DTD 3/17 E 101-41400-121 PERA $219.92 PPE 3/13 CK DTD 3/17 Check Amt Invoice Comment Total MINNESOTA LIFE $104.50 E 415-43251-310 Miscellaneous $1,450.00 4400023894 WWTP EAST ANNUAL PERMIT E430-43256-310 Miscellaneous _$1,450.00 4400023960 WWTP WEST ANN PERMIT Total MN POLLUTION CONTROL $2,900.00 Unpaid MN STATE TREASURER E 250-42410-360 Education Training/Conferences _ $35.00_ H LEONARD CODE SEMINAR Total MN STATE TREASURER $35.00 Unpaid MONTICELLO ANIMAL CONTROL E 101-42710-390 Contracted Services $99.00 438 FEB DOGS PICKED UP Total MONTICELLO ANIMAL CONTROL $99.00 Unpaid NORTHERN TOOL & EQUIPMENT CO E 101-43100-203 Supplies - General $6.38 09609848 BRASS QUICK COUPLER Total NORTHERN TOOL & EQUIPMENT CO $6.38 NORTHWEST ASSOC CONSULTANTS G 701-22377 OTSEGO WEST PP $616.61 13414 OTSEGO WEST G 701-22353 PLFRM ORRIN THOMP $34.00 13414 PLEASANT CREEK G 701-22315 OTSEGO MEADOWS GOLF $297.50 13414 RIVERWOOD NATIONAL G 701-22374 KITTREDGE FINAL $239.75 13414 KITTREDGE CROSSING G 701-22389 TMOBILE CUP $47.50 13414 T MOBILE G 701-22349 ARBOR CREEK $51.00 13414 ARBOR CREEK G 701-22387 ARBOR PLACE PPREZONE $606.63 13414 ARBOR PLACE G 701-22366 MARTIN FARMS $485.55 13414 MARTIN FARMS G 701-22388 DENTAL OFFICE SHEILDS $385.71 13414 SHEILS OFFICE BLDG G 701-22328 WATERFRONT EAST $314.50 13414 WATERFRONT EAST G 701-22369 DR H ZIMMER PROP $258.24 13414 ZIMMER FARMS E 101-41570-303 Planning Fees $1,884.90 13415 GENERAL E 101-41570-303 Planning Fees $166.75 13415 PEDDLERS ORDINANCE E 101-42420-310 Miscellaneous $26.75 13416 FORSLUND E 101-42420-310 Miscellaneous $26.75 13416 THALHUBER E 101-42420-310 Miscellaneous $100.20 13416 CODE ENFORCEMENT E 101-42420-310 Miscellaneous $26.05 13416 LARSON E 101-41570-303 Planning Fees $1,350.00 13417 MEETINGS E 101-41570-303 Planning Fees $2,450.00 13418 CITY CODE E 101-41570-303 Planning Fees $50.00 13419 SIGNS E 101-41570-303 Planning Fees $3,750.00 13420 COMP PLAN UPDATE Total NORTHWEST ASSOC CONSULTANTS $13,168.39 Unpaid NOW CARE MEDICAL CENTERS E 101-43100-310 Miscellaneous ______ $50.00__ RICKY K DOT PHYSICAL Total NOW CARE MEDICAL CENTERS $50.00 Unpaid I PEOPLE SERVICE INC. E 601-49400-390 Contracted Services $3,057.04 7823 RETRO JAN - MAR E 601-49400-390 Contracted Services $5,411.36 7823 MONTHLY SERVICE APRIL E 602-49450-390 Contracted Services $8,579.96 7823 RETRO JAN - MAR ' E 602-49450-390 Contracted Services $15,187.64 7823 MONTHLY - APRIL Total PEOPLE SERVICE INC. $32,236.00 Unpaid PUBLIC EMPLOYEES RETIREMENT FD E 101-41600-121 PERA $70.34 PPE 3/13 CK DTD 3/17 G 101-21704 PERA $752.59 PPE 3/13 CK DTD 3/17 E 250-42410-121 PERA $203.54 PPE 3/13 CK DTD 3/17 E 101-41400-121 PERA $219.92 PPE 3/13 CK DTD 3/17 CITY OF OTSEGO 03/18/04 9:30 AM Page 4 *Check Detail Register© MARCH 2004 E 101-43160-322 Utilities __$99.33 RIVERPOINTE ST LIGHTS Total XCEL ENERGY $99.33 Unpaid ZIEGLER INC 11 E 101-43100-220 Repair/Maint Supply (GENERAL) _ $370.76. 80143980 88 GRADER Total ZIEGLER INC $370.76 10100 BANK OF ELK RIVER $138,155.25 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND Check Amt Invoice Comment 250 BUILDING PERMIT FEES E 101-43100-121 PERA $322.22 $1,450.00 PPE 3/13 CK DTD 3/17 $58,415.15 Total PUBLIC EMPLOYEES RETIREMENT FD _ $1,568.61 435 85th Street Project - East $2,250.00 Un aid P _ RUSH MAR LAND CORPORATION INC $8,468.40 602 SEWER FUND $23,767.60 R 101 -3 1010 Current Ad Valorem Taxes _ $608.21 702 BUILDERS ESCROW FUND 2003 TAX REIMBURSEMENT Total RUSH MAR LAND CORPORATION INC $608.21 Unpaid SOFTRONICS E 250-42410-390 Contracted Services $228.45 2066 ROB - LAABOR E 101-41400-390 Contracted Services $228.45_ 2066 ROB -LABOR Total SOFTRONICS $456.90 Unpaid ST JOSEPH EQUIPMENT INC E 101-43100-220 Repair/Maint Supply (GENERAL) $42.21_ 09130 93 CASE TRACTOR Total ST JOSEPH EQUIPMENT INC $42.21 Unpaid l vTARGET STORES"-- - E 101-43100-203 Supplies - General $25.47_ 1103771829 DAWNS SOAP Total TARGET STORES $25.47 Unpaid TIER G 701-22313 BLACKWOODS SITE _ $4,518.72 ESCROW ACCT Total TIER 1 $4,518.72 Inpaid TOSHIBA AMERICA INFO SYS INC E 101-41400-413 Office Equipment Rental $211.83_ 38435342 COPIER Total TOSHIBA AMERICA INFO SYS INC _ $211,83 Unpaid XCEL ENERGY ---- E 101-43160-322 Utilities __$99.33 RIVERPOINTE ST LIGHTS Total XCEL ENERGY $99.33 Unpaid ZIEGLER INC 11 E 101-43100-220 Repair/Maint Supply (GENERAL) _ $370.76. 80143980 88 GRADER Total ZIEGLER INC $370.76 10100 BANK OF ELK RIVER $138,155.25 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $21,512.75 203 PARK DEVELOPMENT $1,397.00 250 BUILDING PERMIT FEES $475.19 415 WATER & SEWER CONST -E. Phase 1 $1,450.00 428 WEST WATER PROJ $58,415.15 430 West Trtmnt Plant -Phase 1 $1,450.00 435 85th Street Project - East $2,250.00 436 85th Street Project - West $1,875.00 601 WATER FUND $8,468.40 602 SEWER FUND $23,767.60 701 DEVELOPMENT ESCROWS FUND $16,094.16 702 BUILDERS ESCROW FUND $1,000.00 $138,155.25 Sonestroo MUM Rosene "Anderlik & Associates Engineer.; & Architects ITEM 5-2 Owner: City of Otsego, 8899 Nashua Ave NE., Otsego, MN 55330-7314 Date March 3, 2004 Contractor: Rice Lake Construction Group, 22360 Co.Rd 12, PO Box 517, Deerwood, MN 56444 J13ond Company: Acordia, 4300 Market Point Dr., Suite 600, Bloomington, MN 55435 1 CHANGE ORDER NO. 1 Otsego West Wastewater Treatment Facility Otsego, IVIN BRA FILE NO. 503-02-107 Total Item Description of Work Amount PR 01 No. 1 Alter the pump discharge line of the clarifier scum pump station to a 4" DIP discharge line in lieu of the 6" DIP specified. No. 2 Incorporate changes outlined in the revised Sheet SC101 attached. No. 3 Alter the Pretreatment Building per the revised Sheet C401, PAI 01, PA102, PA103, PA301, PA302 and PA303. Sheets reflect additional influent lines from that reflected in the original drawings. Make note of the 6" pipe routed through the 16" pipe. The 16" pipe is for future Total PR 01, ADD $99,790.00 PR 02 No. 1 Incorporate changes outlined in the water extension detail page attached and in revised Sheet C401 attached. Water main will extend into the southern edges of the park for future expansion. No. 2 Alter the piping entering the pretreatment building to incorporate the changes shown in the revised Sheet PAI 01 attached. Additionally, lift station discharge piping has been altered as reflected in the revised Sheet C401 detail. Note that the valve manhole for the new lift station has moved to the south. No. 3 Provide roadway work near the Lift Station #3 ditch from the service driveway east to pond and complete LaTour's road joining to the Waste Water Facility Drive. This work was requested by Hakanson-Anderson in the field directly to Dennis Felin Excavating. No. 4 Provide moisture proofing to all sanitary manholes, using TNEME TAR 46H-413 coating. Do not coat rubber gaskets or boots. Manholes that have already been constructed should have the interior moisture proofed. Those to be constructed should have their interiors and exteriors coated. No. 5 Provide a 10 -foot width of removable fence, centered to the extent possible, over the 8 -inch watermain extension where it enters the southern end of the park as requested in Item I above. No. 6 Alter periometer fencing along the eastern edge of the project site so that it is located at the top of the new sledding hill so as to follow the contours created at the sledding hill. See attached sketch. Total PR 02, ADD $25,948.00 TOTAL CHANGE ORDER NO. 1 $125,738.00 Page 1 50302107CO1.xls Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) CHANGE IN CONTRACT TIMES Contract Time Extension: Original Contract Times: Increase of this Change Order: Contract Time with all approved Change Orders: Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Approved by Contractor: RICE LAKE CONSTRUCTION GROUP Date cc: Owner Contractor Bonding Company Bonestroo & Assoc. Date: Approved by Owner: CITY OF OTSEGO Date Page 1 $6,384,000.00 $0.00 $125,738.00 $6,509,738.00 0 Days 0 Days 0 Days 0 Days 50301102COl &Final.xls ITEM 5-3 Consent Agenda 3/22/04 City of Otsego Project Name Pay Estimate # Project No. Contractor Amount Pumphouse #3 7 03-04 EnComm $58,415.15 Total $58,415.15 22 -Mar -04 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 PAY ESTIMATE NO. 7 City of Otsego Improvement Project 03-04 Pumphouse #3 RE. WATER TREATMENT PLANT / PUMP HOUSE #3, WELL PUMPS #4 & #5 AND SCADA SYSTEM, COP 03-04 Pay Estimate No. 7 Contractor: EnComm Midwest, Inc. Original Contract Amount: $ 802,707.00 Contract Amount After Change Orders: $ 867,247.00 Award Date: June 12, 2003 Completion Date: April 30, 2004 Dear Honorable Mayor and Council Members: The following work has been completed on the above referenced project: PART Bid Schedule "A" - Site Work Encomm Midwest Item No. Description Estimated Number of Units Unit Unit Price Contract Price Used To - Date Extension 1 Grading and Excavation 1 LS $2,500.00 $2,500.00 90% $2,250.00 2 Structural Backfill LV 400 CY $13.50 $5,400.00 510 $6,885.00 3 Class V Gravel LV 160 TON $16.00 $2,560.00 33 $1,666.50 4 1 Bituminous Wear Course Type LV2 70 TON $83.00 $5,810.00 186 $14,322.00 5 6" Concrete Walk - Well Head Pad 47 SY $38.00 $1,786.00 83 $9,545.00 6 Silt Fence 300 LF $2.00 $600.00 150 $300.00 7 Seeding includes seed 0.2 AC $3,200.00 $640.00 1600 $5,600.00 8 Mulching includes disk anchorin 0.4 TON $1,000.00 $400.00 9 Fertilizer 100 1 LBS $1.00 $100.00 $2,670.00 $12,150.00 890 405 $2,670.00 $12,150.00 9A Geo rid HDPE Structural Soils Material- C.O.#1 890 SY $3.00 Crushed Concrete & Asphalt Recycle 1-1/2" to 3" 9B Material- C.O.#1 405 TONS $30.00 Total - Bid Schedule "A" $34,616.00 $24,255.00 Bid Schedule "B" Yard Piping Item No. Description Estimated Number of Units Unit Unit Price Extension Used To - Date Extension 10 4" Drain Pipe Sch 40 PVC 60 LF $26.50 $1,590.00 65 $1,722.50 11 3" DIP Class 52 Mechanical Joints 70 LF $48.00 $3,360.00 77 $3,696.00 12 6" DIP Class 52 Mechanical Joints 30 LF $50.50 $1,515.00 33 $1,666.50 13 12" DIP Class 52 Mechanical Joints 180 LF $77.00 $13,860.00 186 $14,322.00 14 16" DIP Class 52 Mecanical Joints 80 LF $115.00 $9,200.00 83 $9,545.00 15 48" Sanitary Manhole/Include Backwash Air Break Piping and 6" PVC SDR35 Stub Out 1 EACH $4,150.00 $4,150.00 1 $4,150.00 16 16A 16B Fittings Floor Drain Line and Seepage Manhole- C.O.#2 Remove & Reinstalling Fire Hydrant in Temporary Access Road- C.O.#2 1000 1 1 LBS LS LS $3.50 $5,250.00 $250.00 1 $3,500.00 $5,250.00 $250.00 1600 $5,600.00 1 $5,250.00 1 50% $125.00 Total - Bid Schedule "B" $42,675.00 $46,077.00 ot516pe-1 1 Pay Estimate No. 7 3/17/04 Bid Schedule "C" - Well Pump and Appurtenances PAY ESTIMATE NO. 7 City of Otsego Improvement Project 03-04 Pumphouse #3 Item No. Description Estimated Number of Units Unit Unit Price Extension Used To - Date Extension 17 Submersible Well Pump & Motor 2 EACH 314,750.00 $29,500.00 0.9 $13,275.00 18 Electric Cable Submersible (Pump to Well Head 400 LF $6.50 $2,600.00 19 6" Drop Pie 400 LF $17.25 $6,900.00 20 Pitless Adapter Unit 2 EACH $20,250.00 $40,500.00 1.3 $26,325.00 21 Excavation & Backfill for Pitless Adapter Unit including cutting 18" Well Casing 2 EACH $1,250.00 $2,500.00 1 $1,250.00 22 Electrical Control Panel & Wiring for Well Pump #4 1 EACH $46,355.00 $46,355.00 32% $14,833.60 23 Electrical Control Panel & Wiring for Well Pump #5 1 LS $64,175.00 $64,175.00 24% $15,402.00 23A Revise Control Panel for Revised Operation of Lift Station-(C.O.#3) 1 LS $20,470.00 $20,470.00 23B Provide Concrete Pad for Control Panel-(C.O.#3) 1 LS $800.00 $800.00 1 $800.00 23C Provide Concrete Pad, Primary & Secondary Conduits, Ground Grid for Interim Electrical Service Transformer-(C.O.#3) 1 LS $6,030.00 $6,030.00 1 $6,030.00 23D Provide Temporary Control Panel for Lift Station #3 until Permanent Control Panel is Installed 1 LS $3,277.00 $3,277.00 100% $3,277.00 23E Upgrade Service From 200 amp to 400 amp for Pum house #3-(C.O.#3) 1 LS $7,043.00 $7,043.00 1 $7,043.00 23F Well Pump and Control Panel Rental 3 MONT $2,200.00 $6,600.00 Total - Bid Schedule "C" TOTAL PART I $236 750.00 $314,041.00 $88,235.60 $158,567.60 W516pe-i Z Pay Estimate No. 7 3/17/04 PART 2 Bid Schedule "A" - Pumohouse PAY ESTIMATE NO. 7 City of Otsego Improvement Project 03-04 Pumphouse #3 Encomm Midwest Item No. Description Estimated Number of Units Unit Unit Cost Total Estimated Cost Used To - Date Extension 24 Pumphouse Building 1 LS $184,465.00 $184,465.00 97.60% $180,037.84 25 Building Mechanical 1 LS $31,080.00 $31,080.00 43% $13,364.40 26 Painting and Protective Coating 1 LS $18,564.00 $18,564.00 68% $12,623.52 27 BuildingElectrical & System Control 1 LS $90,500.00 $90,500.00 1 53%1 $47,965.00 Total - Bid Schedule "A" $324,609.00 $253,990.76 Rid Schedule "R" . Watar Tr—tm—t Fnrilitiuc Total - Bid Schedule "B" $147,600.00 $92,437.20 Bid Schedule "C" - Chemical Treatment Item No. Description Estimated Unit Unit Cost Total Estimated Cost Used To - Date Extension Item Chlorine Gas Treatment Number of LS $20,040.00 Total Estimated Used To - $16,032.00 No. Description Units Unit Unit Cost Cost Date Extension 28 7000 Gallon H dro neumatic Tank 1 LS $25,440.00 $25,440.00 1 $25,440.00 29 Air Com ressor 1 LS $6,780.00 $6,780.00 74% $5,017.20 Water Treatment and Distribution Piping and 30 Appurtenances 1 LS $61,980.00 $61,980.00 100% $61,980.00 31 Control Panel H dro neumatic Tank 1 LS 1 $52,500.00 $52,500.00 37 Startup, Operation and Maintenance Manual and 1 LS $41,500.00 $41,500.00 5% $2,075.00 32 Post Startup Operation Assistance 1 LS $900.00 $900.00 Total - Bid Schedule "B" $147,600.00 $92,437.20 Bid Schedule "C" - Chemical Treatment Item No. Description Estimated Number of Units Unit Unit Cost Total Estimated Cost Used To - Date Extension 33 Chlorine Gas Treatment 1 LS $20,040.00 $20,040.00 80% $16,032.00 34 Poly Phos hate Treatment 1 LS $2,520.00 $2,520.00 80% $2,016.00 35 Fluoridation Treatment 1 LS $3,240.00 $3,240.00 80% $2,592.00 36 Booster Pum and Vaccum Injection 1 LS $1,572.00 $1,572.00 80% $1,257.60 Total - Bid Schedule "C" $27,372.00 $21,897.60 Bid Schedule "D" - SCADA Svstem Total - Bid Schedule "D" $41,500.00 $2,075.00 Bid Schedule "E" - Mobilization Estimated Item Number of Total Estimated Used To - No. Descri tion Units Unit Unit Cost Cost Date Extension 38 System or on ro Monitoring o 1 LS 1 $12,125.00 $12,125.00 100% $12,125.00 Pumphouse (including Hydropneumatic Tank with Well #4, Well #5, 1.0 MG Water Tower #2, Sanitary Lift Station #3 with Main Control Connection to WWTP #2, including additional 37 hardware and software with startup 1 LS $41,500.00 $41,500.00 5% $2,075.00 Total - Bid Schedule "D" $41,500.00 $2,075.00 Bid Schedule "E" - Mobilization ot516pe-1 Pay Estimate No. 7 Total - Bid Schedule "E" $12,125.00 $12,125.00 TOTAL PART II $553,206.00 $382,525.56 3 3/17/04 Estimated Item Number of Total Estimated Used To - No. Description Units Unit I Unit Cost Cost Date Extension 38 Mobilization and Demobilization 1 LS 1 $12,125.00 $12,125.00 100% $12,125.00 ot516pe-1 Pay Estimate No. 7 Total - Bid Schedule "E" $12,125.00 $12,125.00 TOTAL PART II $553,206.00 $382,525.56 3 3/17/04 o1516pe-1 4 Pay Estimate No. 7 3/17/04 PAY ESTIMATE NO. 7 City of Otsego Improvement Project 03-04 Pumphouse #3 SUMMARY OF BIDDING PART Bid Schedule "A" - Site Work $34,616.00 $24,255.00 Bid Schedule "B" Yard Piping $42,675.00 $46,077.00 Bid Schedule "C" - Well Pump and Appurtenances $236,750.00 $88,235.60 TOTAL PART 1 $314,041.00 $158,567.60 PART II Bid Schedule "A" - Pumphouse $324,609.00 $253,990.76 Bid Schedule "B" - Water Treatment Facilities $147,600.00 $92,437.20 Bid Schedule "C" - Chemical Treatment $27,372.00 $21,897.60 Bid Schedule "D" - SCADA System $41,500.00 $2,075.00 Bid Schedule "E" - Mobilization $12,125.00 $12,125.00 TOTAL PART II $553,206.00 $382,525.56 TOTAL PART I AND II $867,247.00 $541,093.16 TOTAL USED TO -DATE $541,093.16 LESS 5% RETAINAGE $27,054.66 LESS PREVIOUS PAYMENTS $455,623.38 WE RECOMMEND PARTIAL PAYMENT OF: $58,415.12 APPROVALS: CONTRACTOR: Certification by Contractor: I certify that all items and amounts are correct for the work completed to date. Signed: Title: Date: ENGINEER: Certification by Engineer: We recommend payment for work and quantities as shown. HAKANSON ANDERSON ASSOCIATES, INC. Signed: Title: Date: OWNER: CITY OF OTSEGO Signed: Title: Date: o1516pe-1 4 Pay Estimate No. 7 3/17/04 Sonestroo 0 Rosene Anderlik & Associates Engineers & Architects ITEM 5_4 Jwner: City of Otsego, 8899 Nashua Ave. NE Otsego MN 55330 Date: March 10 2004 :or Period: 1/25/2004 to 2/28/2004 Request No: 4 contractor: Rice Lake Construction Group, County Road 12 Deerwood MN 56444 CONTRACTOR'S REQUEST FOR PAYMENT OTSEGO WASTEWATER TREATMENT FACILITY BRA FILE NO. 503-02-107 SUMMARY 1 Original Contract Amount 2 Change Order - Addition $ 0.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 5% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 4 Recommended for Approval by: BONESTROO, ROSENE, AN ERLIK 81 ASSOCIATES, INC. Approved by Contractor: Approved by Owner: RICE LAKE CONSTRUCTION GROUP CITY OF OTSEGO See Attached for signature Specified Contract Completion Date: October 29. 2004 50302107RE04.xis Date: $ 6,384,000.00 $ 6,384,000.00 $ 1,490,538.00 $ 0.00 $ 1,490,538.00 $ 74,526.90 $ 1,416,011.10 $ 933,158.40 $ 0.00 $ 482,852.70 REQUEST FOR PAYMENT ROJECT: WASTEWATER TREATMENT FACILITY OTSEGO, MN RLCG PROJECT NO. 03-16 BRA FILE NO. 503-02-107 DATE: February 25, 2004 REQUEST FOR PAYMENT NO.: 4 FOR PERIOD: 1/25/04 thru 2/28/04 CONTRACTOR: RICE LAKE CONSTRUCTION GROUP, P.O. BOX 517, DEERWOOD, MN 56444 SUMMARY: ORIGINAL CONTRACT AMOUNT CHANGE ORDER - Addition CHANGE ORDER - Deduction REVISED CONTRACT AMOUNT VALUE COMPLETED TO DATE PREVIOUS PAYMENTS AMOUNT DUE THIS REQUEST FOR PAYMENT ESCROW ACCOUNT: PREVIOUS AMOUNT IN ESCROW 49,113.00 TRANSFER TO ESCROW ACCOUNT 25,413.00 TOTAL AMOUNT IN ESCROW ACOUNT 74,526.00 Submitted: Rice Lake Construction Group 6,384,000.00 6,384,000.00 1, 490, 538.00 982,272.00 508,266.00 Wade Leonard Date Recommended: Bonestroo, Rosene, Anderlik & Assoc. Stephan L. Alm, P.E. Date Approved: City of Otsego Date REQUEST FOR PAYMENT DATE: February 25, 2004 REQUEST FOR PAYMENT NO.: 4 WASTEWATER TREATMENT FACILITY OTSEGO, MN RLCG PROJECT NO. 03-16 BRA FILE NO. 503-02-107 ITEM # ----CONTRACT AMOUNT ---- ON QTY U/M UNIT TOTAL 1010 MOBILIZATION 1020 PERFORMANCE BOND 1030 PROJECT INSURANCE 1080 DEMOBILIZATION 2200 EARTHWORK A Lump Sum 1.00 B Remove Unsuitable Materials 1.00 c Install Granular Materials 2320 SITE PIPE 0.26 A Pipe Materials 0.41 B Precast Manholes c Castings 0.00 o Installation 2630 STORM DRAINAGE 0.05 A Pipe Materials 1.00 B Installation 2635 DRAIN TILE A Pipe Materials 0.29 B Installation 2820 RETAINING WALLS 2830 FENCE & GATES 2920 SEEDING & SODDING 2930 LANDSCAPING 3200 REINFORCING STEEL 0.00 A Materials 0.00 B Installation 3300 CONCRETE WORK 0.00 A Pretreatment Building 0.00 B Anaerobic Basin c Oxidation Ditch 0.00 D Clarifier No. 1 0.00 E Clarifier No. 2 42.00 F Final Clarifier Splitter Box 66.00 G Sludge Thickening Building 92.00 H Aerobic Digesters i Sludge Thickening Tank 0.00 .i U. V. Building 161.00 K Control Building L Misc. Concrete 3400 PRECAST CONCRETE 4200 MASONRY A Materials 0.00 B Installation 5500 MISC. METALS 298.00 A Materials 152.00 B Installation 6100 ROUGH CARPENTRY A Pretreatment Building 0.00 e Sludge Thickening Building 52.00 c U. V. Building D Control Building 1 LS 1 LS 1 LS 1 LS 1 LS 1,000 CY 1,000 CY 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 325 TON 325 TON 469 CY 200 CY 516 CY 230 CY 230 CY 11 CY 522 CY 152 CY 610 CY 186 CY 112 CY 42 CY 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 244, 800.00 72,270.00 9,230.00 5,800.00 487,000.00 6.00 14.00 198,870.00 24,360.00 1,330.00 242,350.00 8,060.00 5,600.00 14, 630.00 16,600.00 8,000.00 25,990.00 28,750.00 20,480.00 504.00 430.00 484.00 484.00 484.00 484.00 484.00 484.00 484.00 484.00 484.00 484.00 484.00 484.00 36,800.00 31,860.00 51,030.00 123,000.00 33,550.00 18, 670.00 20,870.00 12, 510.00 17,220.00 244,800.00 72,270.00 9,230.00 5,800.00 487, 000.00 6,000.00 14,000.00 198,870.00 24,360.00 1,330.00 242,350.00 8,060.00 5,600.00 14,630.00 16,600.00 8,000.00 25, 990.00 28, 750.00 20,480.00 163,800.00 139,750.00 226,996.00 96,800.00 249,744.00 111,320.00 111, 320.00 5,324.00 252, 648.00 73, 568.00 295,240.00 90,024.00 54, 208.00 20,328.00 36, 800.00 31,860.00 51, 030.00 123, 000.00 33,550.00 18,670.00 20,870.00 12,510.00 17,220.00 RICE LAKE CONSTRUCTION GROUP P.O. BOX 517, 22360 COUNTY ROAD 12 DEERWOOD, MN 56444 ----ESTIMATE AMOUNT ---- QUANTITY QUANTITY QUANTITY PREY. THIS EST. TO DATE 1.00 1,00 1.00 1.00 1.00 1.00 0.00 0.00 0.26 0.15 0.41 0.00 0.00 0.00 0.00 0.66 0.05 0.71 1.00 1.00 1.00 1.00 0.29 0.02 0.31 1.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 103.00 42.00 145.00 66.00 26.00 92.00 0.00 0.00 0.00 161.00 161.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 298.00 298.00 152.00 152.00 142.00 142.00 0.00 52.00 52.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.09 0.09 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT TO DATE 244,800.00 72,270.00 9,230.00 199,670.00 141,197.00 24,360.00 1,330.00 75,128.00 8,060.00 73, 080.00 39, 560.00 77,924.00 144,232.00 73,568.00 68, 728.00 25,168.00 11,070.00 6110 PLYWOOD ROOF MATERIALS 0.00 12,310.00 12,310.00 A Pretreatment Building 1 LS 0.00 e Sludge Thickening Building 1 LS 6,930.00 c U. V. Building 1 LS 14,720.00 D Control Building 1 LS 6190 WOOD TRUSSES 15,160.00 0.00 69,400.00 A Pretreatment Building 1 LS 14,240.00 a Sludge Thickening Building 1 LS 0.00 c U. V. Building 1 LS D Control Building 1 LS 6630 FRP COVERS A Materials 1 LS a Installation 1 LS 7110 WATERPROOFING 1 LS 7200 RIGID INSULATION A Pretreatment Building 1 LS B Sludge Thickening Building 1 LS c U. V. Building 1 LS D Control Building 1 LS 7212 BATT INSULATION A Pretreatment Building 1 LS B Sludge Thickening Building 1 LS c U. V. Building 1 LS D Control Building 1 LS 7310 SHINGLES A Pretreatment Building 1 LS 8 Sludge Thickening Building 1 LS c U. V. Building 1 LS D Control Building 1 LS 7460 METAL SIDING A Pretreatment Building 1 LS B Sludge Thickening Building 1 LS c U. V. Building 1 LS D Control Building 1 LS 7920 CAULKING 1 LS 8110 H.M.& FRP DOORS A Materials 14 EA B Installation 14 EA 8330 OVERHEAD DOORS 2 EA 8500 ALUMINUM ENTRANCES 1 LS 9510 ACOUSTICAL CEILING 1 LS 9800 PAINTING 1 LS 10165 TOILET COMPARTMENTS A Materials 1 LS B Installation 1 LS 10200 LOUVERS A Materials 19 EA B Installation 19 EA 10400 PLASTIC SIGNS A Materials 1 LS B Installation 1 LS 10500 LOCKERS A Materials 1 LS B Installation 1 LS 10520 FIRE EXTINGUISHERS A Materials 11 EA B Installation 11 EA 10650 DECORATIVE FENCE 1 LS 10800 TOILET ACCESSORIES A Materials 1 LS B Installation 1 LS 11117 VORTEX GRIT PUMP 1 EA 11205 SCREW CONVEYOR & ROTARY DRUM A Materials 1 LS 8 Conveyor - Installation 1 LS c Rotary Drum - Installation 1 LS 11240 CHEMICAL FEED EQUIPMEN 1 LS 5,790.00 5,790.00 0.00 12,310.00 12,310.00 0.00 5,430.00 5,430.00 0.00 12,670.00 12,670.00 0.00 6,930.00 6,930.00 0.00 14,720.00 14,720.00 0.00 6,490.00 6,490.00 0.00 15,160.00 15,160.00 0.00 69,400.00 69,400.00 0.00 14,240.00 14,240.00 0.00 6,750.00 6,750.00 0.00 1,170.00 1,560.00 1,170.00 1,710.00 1,920.00 3,590.00 1,940.00 3,460.00 3,420.00 7,280.00 3,210.00 7,490.00 37,850.00 22, 200.00 24,610.00 22,640.00 7,950.00 2,370.00 225.00 3,900.00 23,660.00 6,140.00 96,400.00 470.00 280.00 100.00 120.00 2,380.00 470.00 2,800.00 350.00 70.00 20.00 11,800.00 1,170.00 1,560.00 1,170.00 1,710.00 1,920.00 3,590.00 1,940.00 3,460.00 3,420.00 7,280.00 3,210.00 7,490.00 37,850.00 22,200.00 24,610.00 22,640.00 7,950.00 33,180.00 3,150.00 7,800.00 23, 660.00 6,140.00 96, 400.00 470.00 280.00 1,900.00 2,280.00 2,380.00 470.00 2,800.00 350.00 770.00 220.00 11,800.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 660.00 660.00 0.00 0.00 180.00 180.00 0.00 0.00 8,230.00 8,230.00 0.00 0.00 46,200.00 46,200.00 0.00 0.00 2,550.00 2,550.00 0.00 0.00 1,700.00 1,700.00 0.00 0.00 29,600.00 29,600.00 0.00 0.00 11262 U. V. EQUIPMENT 0.00 0.00 0.00 A Materials 1 LS 76,680.00 76,680.00 0.00 0.00 B Installation 1 LS 1,200.00 1,200.00 0.00 11304 CLARIFIERS & GRIT EQUIPMENT 0.00 _ 0.07 10,150.00 0.02 A Materials 1 LS 83,630.00 83,630.00 0.00 0.00 B Clarifiers - Installation 2 EA 6,430.00 12,860.00 0.00 0.32 C Grit Equipment - Installation 1 LS 1,990.00 1,990.00 0.00 11306 SUB. SEWAGE PUMPS 3 EA 19,160.00 57,480.00 0.00 11312 PROGRESSIVE CAVITY PUM 1 EA 35,000.00 35,000.00 0.00 11328 VORTEX GRIT CHAMBER A Materials 1 LS 17,660.00 17,660.00 0.00 B Installation 1 LS 1,200.00 1,200.00 0.00 11348 SAMPLERS A Materials 1 LS 7,920.00 7,920.00 0.00 B Installation 1 LS 300.00 300.00 0.00 11361 GBT & POLYMER EQUIPMENT A Materials 1 LS 107,530.00 107,530.00 0.00 B Installation 1 LS 5,090.00 5,090.00 0.00 11377 P. D. BLOWERS 3 EA 10,240.00 30,720.00 0.00 11378 COARSE BUBBLE DIFFUSER 1 LS 10,700.00 10,700.00 0.00 11381 CARROUSEL AERATORS A Materials 2 EA 46,860.00 93,720.00 0.00 B Installation 2 EA 2,120.00 4,240.00 0.00 11383 VORTEX MIXING SYSTEM 1 LS 67,940.00 67,940.00 0.00 11386 SUB. TANK MIXERS A Materials 3 EA 9,330.00 27,990.00 0.00 B Installation 3 EA 450.00 1,350.00 0.00 11600 LABORATORY EQUIPMENT 1 LS 40,000.00 40,000.00 0.00 11691 ODOR CONTROL SYSTEM 1 LS 39,000.00 39,000.00 0.00 12505 BLINDS 1 LS 640.00 640.00 0.00 12600 LABORATORY FURNITURE 1 LS 31,500.00 31,500.00 0.00 12620 FURNITURE 1 LS 5,000.00 5,000.00 0.00 13301 MAG METERS 3 EA 3,660.00 10,980.00 3.00 15000 MECHANICAL A Mobilization 1 LS 30,000.00 30,000.00 0.500 B Sluice Gates Materials 1 LS 35,000.00 35,000.00 0.00 Labor 1 LS 4,500.00 4,500.00 0.00 c DIP Materials 1 LS 145,000.00 145,000.00 0.07 Labor 1 LS 126,490.00 126,490.00 0.02 o Hangers Materials 1 LS 10,000.00 10,000.00 0.00 Labor 1 LS 1,000.00 1,000.00 0.00 E Valves - Materials 1 LS 48,000.00 48,000.00 0.00 F Insulation 1 LS 20,810.00 20,810.00 0.00 G Underground Pipe Materials 1 LS 15,000.00 15,000.00 0.41 Labor 1 LS 20,000.00 20,000.00 0.32 H Vent Pipe Materials 1 LS 10,000.00 10,000.00 0.00 Labor 1 LS 12,000.00 12,000.00 0.00 i Domestic Water Pipe Materials 1 LS 15,000.00 15,000.00 0.00 Labor 1 LS 16,000.00 16,000.00 0.00 .i Excavation & Backfill 1 LS 9,000.00 9,000.00 0.00 K Fixtures Materials 1 LS 12,000.00 12,000.00 0.00 Labor 1 LS 1,500.00 1,500.00 0.00 L CO/FD/RD Materials 1 LS 18,500.00 18,500.00 0.00 Labor 1 LS 15,000.00 15,000.00 0.00 ' m Water Heater Materials 1 LS 5,000.00 5,000.00 0.00 Labor 1 LS 500.00 500.00 0.00 N Chemical Piping Materials 1 LS 5,000.00 5,000.00 0.00 Labor 1 LS 2,500.00 2,500.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 •• 0.00 0.00 0.85 0.85 91,400.00 0.00 - 3.00 3.00 30,720.00 1.00 1.00 10, 700.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3.00 10, 980.00 0.50 15, 000.00 0.00 - 0.00 _ 0.07 10,150.00 0.02 2,529.00 0.00 - 0.00 0.00 0.00 - 0.41 6,150.00 0.32 6,400.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0. DO 11262 U. V. EQUIPMENT A Materials 1 LS 76,680.00 76,680.00 0.00 0.00 B Installation 1 LS 1,200.00 1,200.00 0.00 0.00 11304 CLARIFIERS & GRIT EQUIPMENT A Materials 1 LS 83,630.00 83,630.00 0.00 0.00 B Clarifiers - Installation 2 EA 6,430.00 12,860.00 0.00 0.00 c Grit Equipment - Installation 1 LS 1,990.00 1,990.00 0.00 0.00 11306 SUB. SEWAGE PUMPS 3 EA 19,160.00 57,480.00 0.00 0.00 11312 PROGRESSIVE CAVITY PUM 1 EA 35,000.00 35,000.00 0.00 0.00 11328 VORTEX GRIT CHAMBER A Materials 1 LS 17,660.00 17,660.00 0.00 0.00 B Installation 1 LS 1,200.00 1,200.00 0.00 0.00 11348 SAMPLERS A Materials 1 LS 7,920.00 7,920.00 0.00 0.00 B Installation 1 LS 300.00 300.00 0.00 0.00 11361 GBT & POLYMER EQUIPMENT A Materials 1 LS 107,530.00 107,530.00 0.00 0.85 0.85 91,400.00 B Installation 1 LS 5,090.00 5,090.00 0.00 0.00 _ 11377 P. D. BLOWERS 3 EA 10,240.00 30,720.00 0.00 3.00 3.00 30,720.00 11378 COARSE BUBBLE DIFFUSER 1 LS 10,700.00 10,700.00 0.00 1.00 1.00 10,700.00 11381 CARROUSEL AERATORS A Materials 2 EA 46,860.00 93,720.00 0.00 0.00 _ B Installation 2 EA 2,120.00 4,240.00 0.00 0,00 11383 VORTEX MIXING SYSTEM 1 LS 67,940.00 67,940.00 0.00 0.00 11386 SUB. TANK MIXERS A Materials 3 EA 9,330.00 27,990.00 0.00 0.00 B Installation 3 EA 450.00 1,350.00 0.00 0.00 11600 LABORATORY EQUIPMENT 1 LS 40,000.00 40,000.00 0.00 0.00 11691 ODOR CONTROL SYSTEM 1 LS 39,000.00 39,000.00 0.00 0.00 12505 BLINDS 1 LS 640.00 640.00 0.00 0.00 12600 LABORATORY FURNITURE 1 LS 31,500.00 31,500.00 0.00 0.00 12620 FURNITURE 1 LS 5,000.00 5,000.00 0.00 0.00 - 13301 MAG METERS 3 EA 3,660.00 10,980.00 3.00 3.00 10,980.00 15000 MECHANICAL A Mobilization 1 LS 30,000.00 30,000.00 0.500 0.50 15,000.00 B Sluice Gates Materials 1 LS 35,000.00 35,000.00 0.00 0.00 - Labor 1 LS 4,500.00 4,500.00 0.00 0.00 _ c DIP Materials 1 LS 145,000.00 145,000.00 0.07 0.07 10,150.00 Labor 1 LS 126,490.00 126,490.00 0.02 0.02 2,529.00 o Hangers Materials 1 LS 10,000.00 10,000.00 0.00 0.00 - Labor 1 LS 1,000.00 1,000.00 0.00 0.00 E Valves - Materials 1 LS 48,000.00 48,000.00 0.00 0.00 F Insulation 1 LS 20,810.00 20,810.00 0.00 0.00 - G Underground Pipe Materials 1 LS 15,000.00 15,000.00 0.41 0.41 6,150.00 Labor 1 LS 20,000.00 20,000.00 0.32 0.32 6,400.00 H Vent Pipe Materials 1 LS 10,000.00 10,000.00 0.00 0.00 - Labor 1 LS 12,000.00 12,000.00 0.00 0.00 i Domestic Water Pipe Materials 1 LS 15,000.00 15,000.00 0.00 0.00 Labor 1 LS 16,000.00 16,000.00 0.00 0.00 j Excavation & Backfill 1 LS 9,000.00 9,000.00 0.00 0.00 K Fixtures Materials 1 LS 12,000.00 12,000.00 0.00 0.00 Labor 1 LS 1,500.00 1,500.00 0.00 0.00 L CO/FD/RD Materials 1 LS 18,500.00 18,500.00 0.00 0.00 Labor 1 LS 15,000.00 15,000.00 0.00 0.00 m Water Heater Materials 1 LS 5,000.00 5,000.00 0.00 0.00 Labor 1 LS 500.00 500.00 0.00 0.00 N Chemical Piping Materials 1 LS 5,000.00 5,000.00 0.00 0.00 Labor 1 LS 2,500.00 2,500.00 0.00 0.00 o Gas Pipe Materials Labor P Pump & Accessories Installation Materials Labor o Controls R HVAC 16000 ELECTRICAL SUBTOTAL: SUBTOTAL: 1 LS 3,500.00 3,500.00 0.00 1 LS 4,500.00 4,500.00 0.00 1 LS 6,500.00 6,500.00 0.00 1 LS 1,500.00 1,500.00 0.00 1 LS 14, 700.00 14, 700.00 0.00 1 LS 159,500.00 159,500.00 0.00 1 LS 566,750.00 566,750.00 0.016 6, 384, 000.00 TOTAL: 6,384,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.014 0.030 17,134.00 1,490,538.00 1,490,538.00 PROJECT PAYMENT STATUS OWNER CITY OF OTSEGO BRA FILE NO. 503-02-107 CONTRACTOR RICE LAKE CONSTRUCTION GROUP CHANGE ORDERS 1,40. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Pavman4 [?a4�in�ne r i a 1 12/01/2003 12/11/03 235,628.50 12,401.50 248,030.00 2 12/12/2003 01/12/04 419,612.15 34,486.34 689,726.99 3 01/13/2004 01/24/04 277,917.75 49,113.60 982,272.00 4 01/25/2004 02/28/04 482,852.70 74,526.90 1,490,538.00 Material on Hand Total Payment to Date $1,416,011.10 _Original Contract $6,384,000.00 .Retainage Pay No. 4 74,526.90 Change Orders Total Amount Earned $1,490,538.00 Revised Contract $6,384,000.00 50302107REQ4.xls ITEM 6.1 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 17 March 2004 RE: Otsego — T -Mobile PCS Antenna CUP NAC FILE: 176.02 — 04.04 The Planning Commission held a public hearing on 15 March 2004 to consider the application of T -Mobile USA for collocation of a PCS antenna upon the existing tower located at the northeast corner of CSAH 37 and Odean Avenue. Mr. Chuck Beisner was present to represent the applicant. There were no public comments. The only discussion item was the location and screening of the ground located support equipment. The applicant's equipment is designed with a outdoor cabinet, typical of electric or telephone utilities. The Planning Commission was comfortable with this type of structure. There was also discussion about the location of the ground equipment, which is to be located in a rear yard and screened in accordance with the Zoning Ordinance. The Planning Commission directed that City Staff should work with the applicant to find an appropriate location for the equipment. After closing the public hearing and the discussion, the Planning Commission voted 7-0 to recommend approval of the CUP for collocation of a PCS antenna upon an existing non-public tower, subject to the conditions outlined below. This application will be considered by the City Council at their meeting on 22 March 2004. A. Motion to approve a CUP for location of PCS equipment upon a non-public structure, subject to the following conditions: 1. Compliance with the performance standards of Section 20-33-2 of the Zoning Ordinance is required. 2. Ground located equipment shall be relocated within a rear yard and screened from view of adjacent properties and public rights-of-way in accordance with Section 20-16-7 of the Zoning Ordinance, subject to City Staff review and approval. 3 Comments of other City Staff. B. Motion to deny the request based on a finding that the application is inconsistent with the Zoning Ordinance. C. Motion to table. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Chuck Beisner 2 CITY OF 0TSEGO WRIGHT COUNTY, MINNESOTA APPLICANT: T -Mobile USA 03-17-04 FINDINGS & DECISION CONDITIONAL USE PERMIT APPLICATION: Request for a CUP to allow collocation of a PCS antenna upon an existing non- public tower located at the northeast corner of CSAH 37 and Odean Avenue. CITY COUNCIL MEETING: 22 March 2004 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. B. C. D. E. The legal description of the property is attached as Exhibit A. The property lies within the Urban Service Area Reserve and is guided for agriculture land uses by the Otsego Comprehensive Plan, as amended. The property is A-1, Agriculture Rural Service Area District. Section 20-33-4.A.2 of the Zoning Ordinance allows PCS antennas not located upon a public structure as a conditional use. Consideration of the application by the Planning Commission and City Council is to be based upon, but not limited to, the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: Provision of necessary services within the community of primary importance. However, collocation of PCS antennas on a minimum number of towers is considered preferable to new tower construction for obvious aesthetic and compatibility reasons. The City's antenna regulations have been specifically created to encourage collocation of PCS antennas. As such, the collocation of the proposed antennas upon the existing tower is positive. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The subject site is surrounded by the Lin -Bar neighborhood to the east and rural residential uses to the north, west and south. The west and south sides of the subject site abut Odean Avenue and CSAH 37, which are both major roadways. The addition of two more antennas to the existing tower and location of supporting ground equipment is not anticipated to create any compatibility issues. Landscaping should be provided at the base of the tower and adjacent to the equipment buildings for screening purposes. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Finding: The proposed location of new antennas onto the existing tower must conform to all requirements of Section 33 of the Zoning Ordinance. The proposed use's effect upon the area in which it is proposed. Finding: The proposed additional antennas will not create any additional physical impacts to the area. Location of the antennas will allow for better PCS service delivery within the City. 5. The proposed use's impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, the proposed location of additional antennas and support equipment is not anticipated to impact area property values. 6. Traffic generation by the proposed use in relation to capabilities of streets servicing the property. Finding: No significant additional traffic is anticipated to be generated by the addition of the antennas and support equipment to the subject site. 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. Finding. The request does not impact the City's service capacity or public facilities. F. The planning report dated 10 March 2004 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their regular 15 March 2004 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing 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 request for a CUP to allow a PCS antenna not on a public structure is hereby approved, subject to the following conditions: Compliance with the performance standards of Section 20-33-2 of the Zoning Ordinance is required. 2. Ground located equipment shall be relocated within a rear yard and screened from view of adjacent properties and public rights-of-way in accordance with Section 20-16-7 of the Zoning Ordinance, subject to City Staff review and approval. PASSED by the Otsego City Council this 22nd day of March, 2004. Attest: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk 2 ITEM 6.2 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 17 March 2004 RE: Otsego — Zimmer Farms 2; Preliminary Plat / Final Plat NAC FILE: 176.02 — 04.05 BACKGROUND D.R. Horton, Inc. has submitted preliminary plat and related development plans for Outlots B and C of the Zimmer Farms development, which is located between 70th Street and CSAH 37 east of MacIver Avenue. There are a total of 155 dwelling units in the Phase 2 area. The applicant has also submitted application for final plat approval of Zimmer Farms 2nd Addition, consisting of three lots and public right-of-way. Exhibits: A. Site Location B. Final Plat ANALYSIS Rezoning/Preliminary PlaVPUD-CUP. The applications for rezoing, preliminary plat and PUD -CUP were reviewed in the planning report from our office dated 10 March 2004 and engineering review dated 10 March 2004 prepared by the City Engineer. The Planning Commission held a public hearing on 15 March 2004 to consider the applications. Mr. Tom Bakritges of D.R. Horton was present as the developer. Mr. Bakritges indicated that they concurred with the Staff comments and conditions of approval. There was no public comment. After closing the public hearing, the Planning Commission voted 7-0 to recommend approval of the applications as outlined at the conclusion of this report. Final Plat. The applicant has also submitted a request for final plat approval. Final plats are subject only to review and approval by the City Council in accordance with Section 21-3-3 of the Subdivision Ordinance, so the Planning Commission did not act of this part of the application. ■ Preliminary Plat Consistency. The final plat consists of three single family lots at the corner of 67th Street and Mackenzie Avenue. More importantly, the final plat includes right-of-way from the existing exception parcel for MacIver Avenue, which is to be improved this year. The proposed lots are consistent with the preliminary plat and requirements of the R-6 District. ■ Landscaping. The applicant has previously submitted a landscape plan for the overall project. The applicant will be required to install those plantings on the landscape plan within the area of the 2"d Addition. ■ Park and Trail Dedication. Requirements for park and trail dedication for this development are to be satisfied by a cash fee in lieu of land. The required cash fee for this final plat is $8,460.00 based on three lots at $2,820.00 per dwelling outline by Section 21-7-18.1 of the Subdivision Ordinance. ■ Construction Plans. The applicant has submitted construction plans for the Phase 2 portion of the project, including the 2nd Addition Final Plat. These plans are subject to review and approval of the City Engineer. ■ Development Contract. The applicant is required to enter into a development contract with the City upon approval of a final plat. The development contract outlines the conditions of approval, applicable fees and securities and performance requirements. The development contract is subject to review and approval of the City Attorney. CONCLUSION In accordance with the previous reviews by City Staff and the recommendations of the Planning Commission, we recommend the City Council approve the Zoning Map amendment, PUD -CUP and preliminary plat for Zimmer Farms Phase 2. Furthermore, we recommend approval of the Zimmer Farms 2nd Addition Final Plat finding that the request is consistent with the preliminary plat and applicable performance standards. These recommendations for approval are to be made contingent upon the stipulations outlined below. Decision 1 — Zoning Map Amendment A. Motion to rezone the subject site to R-6 District based on a finding that the request is consistent with the Comprehensive Plan. 2 B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan. C. Motion to table the request. Decision 2 — Preliminary Plat and PUD -CUP A. Motion to approve the preliminary plat and PUD -CUP, subject to the following conditions: 1. Approval of the preliminary plat shall not guarantee access to sanitary sewer service. The City shall only allocate sanitary sewer capacity to approved final plats with signed development contracts to assure the City of timely development. 2. The preliminary plat is revised to provide a 30 foot wide trail corridor between Lots 7 and 8, Block 2. 3. Lots 21 to 29, Block 4 shall be allowed a reduced 50 foot setback from MacIver Avenue. 4. The exterior building materials and colors for the coach and villa townhouse units shall be consistent with the submitted elevations approved with the Phase 1 applications. 5. Guest parking shall be provided in accordance with the submitted parking plan, subject to City Staff approval. 6. Landscaping shall be installed within the Phase 2 preliminary plat in accordance with the submitted landscape plan, subject to City Staff approval. 7. Park and trail dedication requirements of Section 21-7-18 of the Subdivision Ordinance are to be satisfied as a cash fee in lieu of land in effect at the time of final plat approval, subject to any credits for construction of trails within Block 2 and along MacIver Avenue. 8. All grading, drainage, utilities, easements, streets or other construction plans are subject to review and approval of the City Engineer. 9. Comments of other City Staff. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance. 3 Decision 3 — Final Plat A. Motion to approve the Zimmer Farms 2nd Addition Final Plat, subject to the following conditions: 1. Landscaping shall be installed within area of the final plat in accordance with the submitted landscape plan, subject to City Staff approval. 2. Park and trail dedication requirements of Section 21-7-18 of the Subdivision Ordinance are to be satisfied as a cash fee in lieu of land of $8,460.00. 3. All grading, drainage, utilities, easements, streets or other construction plans are subject to review and approval of the City Engineer. 4. The applicant shall enter into a development contract with the City and pay all applicable fees and securities, subject to review and approval of the City Attorney. 5. Comments of other City Staff. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance. PC. Mike Robertson, City Administrator Judy Hudson, City Clerk Tim Rochel, City Building Official Andy MacArthur, City Attorney Ron Wagner, City Engineer Patty Fowler, DNR Tom Bakritges, D.R. Horton Ed Hasek, Westwood Professional Services, Inc. rd ON THE GREAT RIVER ROAD it I------ — as I e I i o• $l Y 'f I."" p�°D0� �$o� s I — Ne8I4e'45'w 309.50 v 1_ aor ti zo..-eo Ie B• •, 12 8 I I- v ei W 410 Jjp`�t r Np°•b_u_•�� �n",� +`23)07 -ns i�-si ,1�A ILC a N I iR $ as9?o N N L. �' old z 9 . O ' 8 8 O N y i o II II II II Iafi I g I I?b 41 N B9°4NC9°47.17£ I _ 7'17' £ � ti i A R, 1$280 N 8 9°45'47' g e N �$o� s I v ti a � r a 4 rr" Iafi I g I I?b 41 N B9°4NC9°47.17£ I _ 7'17' £ � ti i A R, 1$280 N 8 9°45'47' g e N �$o� q3a or v ti a � r a rr" O ' 8 Iafi I g I I?b 41 N B9°4NC9°47.17£ I _ 7'17' £ � ti i A R, 1$280 N 8 9°45'47' g N N v ti a rr" O 8 O O y CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA APPLICANT: D.R. Horton, Inc. 03-17-04 FINDINGS & DECISION ZONING MAP AMENDMENT APPLICATION: Request for a Zoning Map amendment rezoning land included as part of the Zimmer Farms Phase 2 Preliminary Plat from A-1, Agriculture Rural Service Area to R-6, Residential Townhouse, Quadraminium and Low Density Multiple Family District. CITY COUNCIL MEETING: 22 March 2004 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 attached as Exhibit A. B. The property lies within the West Sanitary Sewer Service District and is guided for low density residential and medium-high density residential land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned A-1 District. The applicant is requesting a Zoning Map amendment to include the property within the R-6 District for the purpose of developing single family and townhouse residential dwellings, which are permitted uses in the R-6 Districts. D. The Planning Commission and City Council must take into consideration the possible effects of the rezoning with their judgment based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: Approval of the Phase 1 preliminary plat and concept plan approval for the balance of the property reorients the land uses guided by the Comprehensive Plan with medium-high density land uses at the north and south ends of the property with lower intensity single family and smaller townhouse buildings near the center of the development plan in response to changes in the anticipated future classification of MacIver Avenue. However, the density of overall development plan is 4.3 units per gross acre, which is appropriate given the land uses guided for the subject site. 2. The proposed use's compatibility with present and future land uses of the area. Comment: The table below illustrates land uses surrounding the subject site. The proposed development plan is compatible with the various existing and planned land uses surrounding the subject site. Direction Land Use Plan Zoning Map Existing Use North LD Residential R-6 District Martin Farms East LD Residential A-1 District Rural Residential R-4 District Otsego Preserves 3 4 5 n The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: The proposed use will conform to the Zoning Ordinance, Subdivision Ordinance, and Engineering Manual except as may be allowed and specifically identified on the development plan under the PUD -CUP. The proposed use's effect upon the area in which it is proposed. Comment: The proposed development provides for logical extension of the City's sanitary sewer and water utilities to allow for implantation of the Comprehensive Plan for the west sanitary sewer service district. 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. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: Development of Phases 1 and 2 of the subject site will be accompanied by and provide for upgrades to Maclver Avenue and 70th Street, which are critical roadways for traffic generated within the west sanitary sewer service district. 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 provides for utilization of sanitary sewer and water capacities under construction and for a critical transportation system link between 70th Street and CSAH 37 to move traffic to and from the west sanitary sewer service district. E. The planning report dated 10 March 2004 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Engineering Review dated 10 March 2004 prepared by the City Engineer, Hakanson Anderson Associates, Inc. is incorporated herein. G. The Otsego Planning Commission held a public hearing at their regular meeting on 15 March 2004 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. 2 Park South LD Residential A-2 District Unsewered Residential Commercial B-3 District Agriculture Public/Semi-Public P/IDistrict Cemetery West LD residential R -1A District Agriculture — Albertville Public/Semi-Public P/1 District WWTP — Albertville Commercial A-1 District Nursery The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: The proposed use will conform to the Zoning Ordinance, Subdivision Ordinance, and Engineering Manual except as may be allowed and specifically identified on the development plan under the PUD -CUP. The proposed use's effect upon the area in which it is proposed. Comment: The proposed development provides for logical extension of the City's sanitary sewer and water utilities to allow for implantation of the Comprehensive Plan for the west sanitary sewer service district. 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. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: Development of Phases 1 and 2 of the subject site will be accompanied by and provide for upgrades to Maclver Avenue and 70th Street, which are critical roadways for traffic generated within the west sanitary sewer service district. 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 provides for utilization of sanitary sewer and water capacities under construction and for a critical transportation system link between 70th Street and CSAH 37 to move traffic to and from the west sanitary sewer service district. E. The planning report dated 10 March 2004 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Engineering Review dated 10 March 2004 prepared by the City Engineer, Hakanson Anderson Associates, Inc. is incorporated herein. G. The Otsego Planning Commission held a public hearing at their regular meeting on 15 March 2004 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. 2 DECISION: Based on the foregoing information and applicable ordinances, the request for approval of a Zoning Map amendment for lands included in the Zimmer Farms Preliminary Plat is hereby approved based on the most current plan and information received to date. PASSED by the Otsego City Council this 22nd day of March, 2004. Attest: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk ORDINANCE NO.: CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR LAND TO BE DEVELOPED AS PART OF THE ZIMMER FARMS PHASE 2 PRELIMINARY PLAT. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally described by Exhibit (the "property"). Section 2. The property is hereby rezoned from an A-1, Agriculture Rural Service District designation to a R-6, Residential Quadraminium, Townhouse and Low Density Multiple Family District designation. Section 3. The Zoning Administrator is hereby directed to make appropriate changes to the official Zoning Map of the City of Otsego to reflect the change in zoning classification set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication and the filling of a final plat. PASSED by the Otsego City Council this 22nd day of March, 2004. CITY OF OTSEGO Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk CITY OF 0TSE00 WRIGHT COUNTY, MINNESOTA APPLICANT: D.R. Horton, Inc. 03-17-04 FINDINGS & DECISION PUD -CUP / PRELIMINARY PLAT APPLICATION: Request for preliminary plat approval for Zimmer Farms Phase 2 consisting of approximately 155 dwelling units. CITY COUNCIL MEETING: 22 March 2004 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 attached as Exhibit A. B. The property lies within the West Sanitary Sewer Service District and is guided for low density residential and medium-high density residential land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned R-6 District. The proposed single family and townhouse residential dwellings are permitted uses in the R-6 Districts. D. A PUD -CUP is required by Section 20-17-10.C.1 of the Zoning Ordinance for platting townhouse uses in a unit and base lot configuration with multiple principal buildings and fror development within the Shoreland Overlay District per Section 20-92-17 of the Zoning Ordinance. The Planning Commission and City Council must take into consideration the possible effects of the PUD -CUP with theirjudgment based upon (but not limited to) the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: Approval of the Phase 1 preliminary plat and concept plan approval for the balance of the property reorients the land uses guided by the Comprehensive Plan with medium-high density land uses at the north and south ends of the property with lower intensity single family and smaller townhouse buildings near the center of the development plan in response to changes in the anticipated future classification of Maclver Avenue. However, the density of overall development plan is 4.3 units per gross acre, which is appropriate given the land uses guided for the subject site. 2. The proposed use's compatibility with present and future land uses of the area. Comment. The table below illustrates land uses surrounding the subject site. The proposed development plan is compatible with the various existing and planned land uses surrounding the subject site. Direction Land Use Plan Zoning Map Existing Use North LD Residential R-6 District Martin Farms _ East LD Residential A-1 District Rural Residential R-4 District Otsego Preserves Park South LD Residential A-2 District Unsewered Residential Commercial B-3 District Agriculture Public/Semi-Public P/IDistrict Cemetery West LD residential R -1A District Agriculture — Albertville Public/Semi-Public P/1 District WWTP — Albertville Commercial A-1 District Nursery The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: The proposed use will conform to the Zoning Ordinance, Subdivision Ordinance, and Engineering Manual except as may be allowed and specifically identified on the development plan under the PUD -CUP. 4. The proposed use's effect upon the area in which it is proposed. Comment: The proposed development provides for logical extension of the City's sanitary sewer and water utilities to allow for implantation of the Comprehensive Plan for the west sanitary sewer service district. 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. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: Development of Phases 1 and 2 of the subject site will be accompanied by and provide for upgrades to Maclver Avenue and 7d Street, which are critical roadways for traffic generated within the west sanitary sewer service district. 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 provides for utilization of sanitary sewer and water capacities under construction and for a critical transportation system link between 70`h Street and CSAH 37 to move traffic to and from the west sanitary sewer service district. E. The planning report dated 10 March 2004 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Engineering Review dated 10 March 2004 prepared by the City Engineer, Hakanson Anderson Associates, Inc. is incorporated herein. G. The Otsego Planning Commission held a public hearing at their regular meeting on 15 March 2004 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and 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 request for approval of a PUD -CUP and the Zimmer Farms Phase 2 Preliminary Plat is hereby approved based on the most current plan and information received to date, subject to the following conditions: ' 1. Approval of the preliminary plat shall not guarantee access to sanitary sewer service. The City shall only allocate sanitary sewer capacity to approved final plats with signed development contracts to assure the City of timely development. 2 2. The preliminary plat is revised to provide a 30 foot wide trail corridor between Lots 7 and 8, Block 2. 3. Lots 21 to 29, Block 4 shall be allowed a reduced 50 foot setback from MacIver Avenue. 4. The exterior building materials and colors for the coach and villa townhouse units shall be consistent with the submitted elevations approved with the Phase 1 applications. 5. Guest parking shall be provided in accordance with the submitted parking plan, subject to City Staff approval. 6. Landscaping shall be installed within the Phase 2 preliminary plat in accordance with the submitted landscape plan, subject to City Staff approval. 7. Park and trail dedication requirements of Section 21-7-18 of the Subdivision Ordinance are to be satisfied as a cash fee in lieu of land in effect at the time of final plat approval, subject to any credits for construction of trails within Block 2 and along MacIver Avenue. 8. All grading, drainage, utilities, easements, streets or other construction plans are subject to review and approval of the City Engineer. PASSED by the Otsego City Council this 22"d day of March, 2004. Attest: CITY OF OTSEGO IN Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk 3 CITY OF 0 T S E G 0 WRIGHT COUNTY, NHNNESOTA APPLICANT: D.R. Horton, Inc. 03-17-04 FINDINGS & DECISION FINAL PLAT APPLICATION: Request for final plat approval of Zimmer Farms 2nd Addition consisting of 3 single family lots and public right-of-way. CITY COUNCIL MEETING: 22 March 2004. 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 attached as Exhibit A. B. The property lies within the West Sanitary Sewer Service District and is guided for low density residential and medium-high density residential land uses by the Otsego Comprehensive Plan, as amended. C. The City Council approved a preliminary plat and rezoning of the property to R-6, Residential Townhome, Quadraminium and Low Density Multiple Family District on 22 March 2004 effective upon the filling of a final plat. Single family and townhouse uses are permitted uses within the R-6 District Zoning Districts. D. The final plat consists of 3 single family lots and public right-of-way E. The planning reports dated 10 March 2004 and 17 March 2004 prepared by the City Planner, Northwest Associated Consultants, Inc., are incorporated herein. F. The engineering review dated 10 March 2004 prepared by the City Engineer, Hakanson Anderson Associates, Inc, is incorporated herein. G. Final plats are processed in accordance with Section 21-3-3 of the Subdivision Ordinance and do not require review or recommendation by the Planning Commission. DECISION: Based on the foregoing information and applicable ordinances, the request for approval of the Zimmer Farms 2 d Addition Final Plat is hereby approved based on the most current plan and information received to date, subject to the following conditions: Landscaping shall be installed within area of the final plat in accordance with the submitted landscape plan, subject to City Staff approval. 2. Park and trail dedication requirements of Section 21-7-18 of the Subdivision Ordinance are to be satisfied as a cash fee in lieu of land of $8,460.00. 3. All grading, drainage, utilities, easements, streets or other construction plans are subject to review and approval of the City Engineer. 4. The applicant shall enter into a development contract with the City and pay all applicable fees and securities, subject to review and approval of the City Attorney. PASSED by the Otsego City Council this 22nd day of March, 2004. Attest: CITY OF OTSEGO la Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk Item 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 Bakritges, D.R. Horton Fran Hagen, PE, Westwood Professional Reviewed by: Ronald J. Wagner, P.E. Shane M. Nelson, E.I.T. Date: March 10, 2004 Proposed Development: Zimmer Farms Phase 2 Property Street Location of Property: A portion of the W '/2 of Section 31, T121, R23, south of 70th Street NE and east of Maciver Ave. Applicant: Tom Bakritges D.R. Horton 26860 Kenbridge Court, Suite #100 Lakeville, MN 55044 Developer: D.R. Horton Owners of Record: D.R. Horton Purpose: Zimmer Farms Phase 2 is a proposed single-family residential development in the City of Otsego, Wright County, Minnesota. The proposed development will be served with municipal water, sanitary sewer, storm sewer and public streets typical of an urban setting. Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of (but not limited to) Health, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency Permits Required: NPDES (but not limited to) Page 1 \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2266\Zimmer Farms 2nd phase RVW1.doc TABLE OF CONTENTS INFORMATION AVAILABLE EXISTING CONDITION/SURVEY DEVELOPMENT PLAN/PHASE 2 PRELIMINARY PLAT PRELIMINARY SITE PLAN PRELIMINARY OVERALL GRADING PLAN PRELIMINARY OVERALL UTILITY PLAN CENTER LINE PROFILES GRADING DETAILS HYDROLOGY STORM SEWER CALCULATIONS SUMMARY AND/OR RECOMMENDATIONS Page 2 \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2266\Zimmer Farms 2nd phase RVW1.doc INFORMATION AVAILABLE Preliminary Plat of Zimmer Farms Phase 2, 3/02/04 revision, by Westwood Professional Services, Inc. Existing Condition/Survey Plans of Zimmer Farms Phase 2, 2/24/04, by Westwood Professional Services, Inc. Grading, Drainage & Erosion Control Plan for Zimmer Farms Phase 2, 2/24/04 revision, by Westwood Professional Services, Inc. General Plans for Development for Zimmer Property by Westwood Professional Services, Inc. Construction Plans for Zimmer Property, 1/30/04 revision, by Westwood Professional Services, Inc. Utility and Street Specifications, January 2004, by Westwood Professional Services, Inc. Grading, Drainage & Erosion Control Specifications for Zimmer Farms, January 2004, by Westwood Professional Services, Inc. Final Stormwater Runoff Calculations, 1/29/04, by Westwood Professional Services, Inc. Storm Sewer Design Calculations, 1/29/04, by Westwood Professional Services, Inc. Wetland Delineation Report, 7/15/01, by Westwood Professional Services, Inc. Wetland Replacement Plan, 1/19/04, by Westwood Professional Services, Inc. Development Plan/Phase 1 Preliminary Plat, 3/02/04 revision, by Westwood Professional Services, Inc. Final Plat of Zimmer Farms by Westwood Professional Services, Inc. City of Otsego Engineering Manual Geotechnical Report, 1/06/04, by Braun Intertec. 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 Page 3 \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2266\Zimmer Farms 2nd phase RVW1.doc SHEET 1 - EXISTING CONDITION/SURVEY No comment. SHEET 2 - DEVELOPMENT PLAN/PHASE 2 PRELIMINARY PLAT 1. Label horizontal curve data for all public streets. 2. Cross -drainage from lot to lot must be covered under a drainage & utility easement. SHEET 3 - PRELIMINARY SITE PLAN 1. No comment. SHEET 4 - PRELIMINARY OVERALL GRADING PLAN 1. The grading plan shall include garage floor, first floor, and basement elevations. 2. It appears that there is cross -drainage depicted for Block 4, Lot 29. SHEET 5 - PRELIMINARY OVERALL UTILITY PLAN 1. Hydrant spacing shall be 300' max for med/hi density residential. SHEETS 6 TO 7 - CENTER LINE PROFILES 1. Revise vertical curves at station 26+00 on Marlowe Ave N.E. and at station 20+25 on MacKenzie Ave N.E such that they meet a 30 mph design speed. (The minimum K values for crest and sag vertical curves are 30 and 36 respectively for a 30 MPH design speed.) SHEET 8 - GRADING DETAILS 1. No comment. HYDROLOGY 1. Submitted with Zimmer Farms Phase 1. STORM SEWER CALCULATIONS 1. Submitted with Zimmer Farms Phase 1. SUMMARY AND/OR RECOMMENDATION We recommend approval contingent on the above comments. Page 4 \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2266\Zimmer Farms 2nd phase RVW1.doc Item Review No. 2 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 Bakritges, D.R. Horton Fran Hagen, PE, Westwood Professional Reviewed by: Ronald J. Wagner, P.E. Shane M. Nelson, E.I.T. Date: March 18, 2004 Proposed Development: Zimmer Farms 2nd Addition Street Location of Property: A portion of the W '/2 of Section 31, T121, R23, south of 70th Street NE and east of Maciver Ave. Applicant: Tom Bakritges D.R. Horton 26860 Kenbridge Court, Suite #100 Lakeville, MN 55044 Developer: D.R. Horton Owners of Record: D.R. Horton Purpose: Zimmer Farms 2nd Addition is a proposed 3 lot single-family residential development in the City of Otsego, Wright County, Minnesota. The proposed development will be served with municipal water, sanitary sewer, storm sewer and public streets typical of an urban setting. Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of (but not limited to) Health, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency Permits Required: NPDES (but not limited to) Page 1 \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2266\Zimmer Farms 2nd RVW2.doc TABLE OF CONTENTS INFORMATION AVAILABLE CONSTRUCTION PLANS SANITARY SEWER AND WATERMAIN PLAN STORM SEWER AND STREET PLAN GRADING, DRAINAGE & EROSION CONTROL PLAN HYDROLOGY STORM SEWER CALCULATIONS SUMMARY AND/OR RECOMMENDATIONS Page 2 \\Ha01\Shared Docs\MunicipalWotsego2xxx\2266\Zimmer Farms 2nd RVW2.doc INFORMATION AVAILABLE Preliminary Plat of Zimmer Farms Phase 2, 3/02/04 revision, by Westwood Professional Services, Inc. Existing Condition/Survey Plans of Zimmer Farms Phase 2, 2/24/04, by Westwood Professional Services, Inc. Grading, Drainage & Erosion Control Plan for Zimmer Farms Phase 2, 2/24/04 revision, by Westwood Professional Services, Inc. General Plans for Development for Zimmer Property by Westwood Professional Services, Inc. Construction Plans for Zimmer Property, 1/30/04 revision, by Westwood Professional Services, Inc. Utility and Street Specifications, January 2004, by Westwood Professional Services, Inc. Grading, Drainage & Erosion Control Specifications for Zimmer Farms, January 2004, by Westwood Professional Services, Inc. Final Stormwater Runoff Calculations, 1/29/04, by Westwood Professional Services, Inc. Storm Sewer Design Calculations, 1/29/04, by Westwood Professional Services, Inc. Wetland Delineation Report, 7/15/01, by Westwood Professional Services, Inc. Wetland Replacement Plan, 1/19/04, by Westwood Professional Services, Inc. Development Plan/Phase 1 Preliminary Plat, 3/02/04 revision, by Westwood Professional Services, Inc. Final Plat of Zimmer Farms by Westwood Professional Services, Inc. City of Otsego Engineering Manual Geotechnical Report, 1/06/04, by Braun Intertec. 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 Page 3 \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2266\Zimmer Farms 2nd RVW2.doc FINAL PLAT 1. No comment. CONSTRUCTION PLANS SANITARY SEWER AND WATERMAIN PLAN 1. Hydrant spacing shall be 300' max for med/hi density residential. 2. Class of watermain shall be called out on the plan. Watermain shall be class 52 DIP. 3. Label manhole 17A in the plan. 4. Sheet 8 of 26, please revise General Notes to read "Extend Rods on Valves Deeper that 7.5' from Finished Grade". 5. Horizontal bends are not allowed within the right-of-way for sanitary sewer services. STORM SEWER AND STREET PLAN A temporary cul-de-sac will be required at the south end of Mackenzie Avenue N.E. 2. Per City Standards, catch basins castings shall be sumped 2" below gutterline, manholes castings shall be adjusted to 1/4" - 3/8" below finished grade, and gate/butterfly valves boxes shall be adjusted to 1/2" below finished grade. 3. We recommend calling out some kind of temporary erosion control measure for the runoff from Mackenzie Avenue NE. GRADING, DRAINAGE & EROSION CONTROL PLAN 1. Lot corner elevations shall be called out. 2. Cross -drainage from lot to lot must be covered under a drainage & utility easement. HYDROLOGY 1. Submitted with Zimmer Farms Phase 1. STORM SEWER CALCULATIONS 1. Submitted with Zimmer Farms Phase 1. SUMMARY AND/OR RECOMMENDATION We recommend approval contingent on the above comments. Page 4 \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2266\Zimmer Farms 2nd RVW2.doc ITEM 6.3 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com PLANNING REPORT TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 17 March 2004 RE: Otsego — Riverwood National; Revised Final Plat NAC FILE: 176.02 — 03.22 BACKGROUND Mr. Chris Bulow has submitted a revised final plat for Riverwood National. The City Council previously approved a final plat for the development on 22 September 2003, consisting of 107 single family lots, 29 detached townhomes and 21 row -style townhomes with two or three units per building. The revised final plat modifies Blocks 1 and 2 by substituting detached townhomes for the approved row -style units. Exhibits: A. Site Location B. Approved Final Plat (detail only) C. Revised Final Plat (refer to sheet C-4 and C-7 for detail) ANALYSIS Zoning. The subject site is zoned PUD, Planned Unit Development District. Uses allowed in this PUD District include the commercial golf course and residential units as depicted on the development plan, including single family, detached townhome and row -style townhome. In that the revised final plat includes uses allowed by the PUD District and that the number of units is being decreased, the proposed change is considered minor. Number of Units. The proposed number of units within Blocks 1 and 2 is two less than shown on the approved final plat. The decrease in number of units ensures that the requirements of the lot area per unit requirements of the R-6 District are adhered to. Setbacks. The proposed detached townhomes will be subject to a 25 front yard setback from the private drive accessing these units, 10 foot side yard setbacks, and 10 foot rear yard setback consistent with the preliminary plat and PUD District approvals for the detached townhouse units. Building Design. The design of the proposed detached townhomes will be subject to future site and building review by the Planning Commission and City Council. This will include the exterior design and materials of the building, as well as site plan elements such a landscaping. Park and Trail Dedication. Park and trail dedication for the residential portion of the final plat is to be a cash fee in lieu of land. The revised final plat reduces the overall number of dwellings by two, thus reducing the cash fee in lieu of land by $4,200.00. The City Council previously discussed with the applicant deferring the cash fee in lieu of land for the clubhouse use on Block 13 for two years or issuance of a building permit, which ever comes first. The total cash fee in lieu of land due with the development contract is $325,000.00 Development Contract. City Staff and the applicant have nearly finalized the development contract for the final plat, pending City Council action on this request. The development contract is subject to review and approval of the City Attorney. CONCLUSION The proposed revision to the Riverwood Final Plat is a minor change that involves substituting detached townhouse dwellings for the row -style homes previously approved. We believe this change is positive given the intended character of the development and recommend approval of the request subject to the conditions outlined below. A. Motion to approve the revised Riverwood National Final Plat, subject to the following conditions: 1. The conditions of approval outlined in the findings of fact approved by the City Council on 22 September 2003 remain in full effect, except as modified herein. 2. Site and building plans for all detached townhouse units shall be submitted for review by the Planning Commission and approval of the City Council. 3. The applicant shall pay a cash fee in lieu of land to satisfy park and trail dedication requirements equal to $325,500.00. Park dedication for Block • 13 equal to $7,000.00 per gross acre shall be deferred for a period of two 2 (2) years from this date or issuance of any building permits for that site, whichever is less. 4. All utilities, easements, grading and drainage, street, drives and construction plans are subject to review and approval of the City Engineer. 5. The applicant shall enter into a development agreement with the City that provides for the dedication of the sewage treatment plant, community well and related infrastructure, as well as payment of all fees and securities, subject to review by the City Attorney and approval of the City Council. 6. Comments of other City Staff. B. Motion to deny the request based on a finding that the application is inconsistent with the PUD District and Subdivision Ordinance. C. Motion to table. PC. 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(SEE SKET T) y Obw A Ass 0 EXHIBIT C -s COPY . Co+.1nyx+ .n.. RI VER WOOD NA TIONAL N L. a .naw en:50.. ••+e np,,,ree, .a aw.n o. t e u ar xp^a1Mdu�ls b wl5 _w 9. • n.norn x.n ye fo-rno w..q mn � 0 r00 _pp `IA w• SCLC —_.. TEET +rtr r r i.0 iW icer 9KET IIIOEY IYC SKET 51 _ — MATCH LINE 8 +'aiurt igirir aci iqi. iariii a W Rod w __._. (SEE SKET T) y Obw A Ass 0 EXHIBIT C -s 0 ---j UNCHECKED PLAT SLSZCT TO CHAFIGE REV: 2/24/04 4w — w ­ " U. '. - �' ' "' " ' - - -- — — — — — — — — — — — — — — — — — — — — —_— 17 136431 — :'.4 K4DLEI? VENUE fY NE �-j z p -7i gal - Q:. z rn'IZ 86 r. jv Is F11 11 6 2 n4g it S LA a It, 4P I NO 14 ". 4 . - :6' V� lox ITT X L Lj U z 6 10- E- 11 S 10 9 .9 7 s 7 81 8 As. N R OUTLOT F REVISED AREA DETAIL 2 (SEE S"af 5) COPY RIVERWOOD NATIONAL t=U "V12 -H i?11.51 . DETAIL 3 (SEE SHEET 5) N wrLoT & OvrLor MR0 0 ovrz,SCKE DETAIL 5 NO .- (SFES.Ur 8) OLTLO oilmor i gin V, 3 5 4 O(MOr L DETAIL 4 (SEE SIIEP 5) John Oliver A Ass( EXHIBIT C-7 E Amendment to Review No. 3 ENGINEERING REVIEW Hakanson Residential and Commercial Anderson Subdivision Assoc., Inc. for the City of Otsego by Hakanson Anderson Associates, Inc. Submitted to: Mike Robertson, Administrator cc: Judy Hudson, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Manley Brothers Construction, Developer John Oliver & Assoc., Inc., Developer's Engineer Reviewed by: Ronald J. Wagner, P.E. William L. Morris, Jr, P.E. Shane M. Nelson, E.I.T. Date: July 24, 2003 Proposed Development: Riverwood National Street Location of Property: Part of NW '/ Section 23 & Part of W '/2 Section 14, T121, R24. 244.6 ± Acres, south of CSAH 39 and east of Kadler Ave NE. Applicant: Kevin Manley 419 Ethan Drive Eagan MN, 55123 Developer: Manley Brothers Construction Owners of Record: Donald & Phyllis Greninger Russell & Sheila Greninger Milton & Loraine Shelquist Donald & Elizabeth Servin Purpose: Rezone from A-1 to PUD district Jurisdictional Agencies (but not limited to): City of Otsego, Wright County Highway Department, MN • Department of Health, MPCA Permits Required (but not limited to): NPDES \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2246\ot2246Amend Reviewldoc Considerations: \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2246\ot2246Amend Reviewldoc TABLE OF CONTENTS INFORMATION AVAILABLE COVER SHEET SANITARY SEWER & WATERMAIN PLAN STREET & STORM SEWER PLAN DETAIL SHEETS GRADING, DRAINAGE & EROSION CONTROL PLAN HYDROLOGY OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION \\Ha01\Shared Docs\M unicipal\Aotsego2xxx\2246\ot2246Am end Review3.doc ( Revisions are printed in italics and bold print INFORMATION AVAILABLE Preliminary Plat Submittal of Otsego Meadows Golf Club, dated 5/10/02, by John Oliver & Associates, Inc. Sanitary Sewer, Watermain, Storm Sewer & Street Improvements Plans for Riverwood National, 6/18/03 revision, by John Oliver & Associates, Inc. Grading, Drainage & Erosion Control Plan for Riverwood National, 6/11/03 revision, by John Oliver & Associates, Inc. Wetland Permit Narrative for Vintage Pro Gulf Club, dated 3/4/03, by Graham Environmental Services, Inc. Kadler Avenue Street Grading Plans for Riverwood National, dated 6/18/03, by John Oliver & Associates, Inc. Wastewater Treatment Plant Permit Application Report, dated March 2003 Sanitary Lift Station Plan, dated 6/19/03 Community Well & Pumphouse Plans, dated 6/19/03 and Specifications, dated April 2003 Construction Cost Estimates, dated 7/09/03 City of Otsego Engineering Manual City of Otsego Aerial Topo Maps Wright County Soil Survey National Wetland Inventory Map, 1991 \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2246\ot2246Amend Reviewldoc COVER SHEET It would be helpful to show a smaller scale vicinity map which includes a larger portion of Otsego. SANITARY SEWER & WATERMAIN PLAN GENERAL DESIGN CONCEPT The plans, specifications and cost estimates received to date for the WWTP, Sewerage Lift Station and force main, Well and Pumphouse, gravity sewer system and water system represent the developer's improvements to meet just the limited needs of his development as if it would remain a private development and not be taken over by the City of Otsego for operation and maintenance. The City has outlined to the developer at its staff review meeting held on June 26, 2003, the municipal service concepts of design that the City would require before it would approve the development improvements and take them over for operation and maintenance. The developer's engineers were offered examples of current design of the lift station, well and pump house that the City has adopted as standards for its water and sewer systems. To date, no attempt has been initiated by the developer to comply with these standards. The basic components of the City's municipal system for this area of the west community consist of the following: SANITARY SEWER SYSTEM 1. Provide a 12" trunk sewer that provides access to the properties west of Kadler Ave. at the point of the un -named creek crossing. This 12" trunk sewer shall traverse the property generally following the creek as it flows to the eastern boundary of the plat. The upper service invert shall be elevation 916.00 and the lower invert shall be 908.00. 2. Additional access point shall be provided for the property west of the Kagan Ave. intersection with Kadler Avenue. This shall bean 8" sewer with an invert of 967.00. 3. Another access point shall be provided for the property north of the Kahl Way culdesac. This shall be an 8" sewer with an invert of 910.00. 4. A fifty (50') foot wide easement shall be provided for a future 12" trunk sewer that will cross the southeastern corner of the plat near Kahl Way. The easement shall be parallel to the creek alignment and shall be centered at 25' from the centerline of the creek. 5. The sanitary lift station shall be relocated to the termination point of the 12" trunk sewer as described in Item 1. Above. The interim 6" diameter force main from this lift station will discharge to the proposed WWTP on the developers property. A 12" diameter force main and appropriate valves shall be stubbed out to follow the general alignment of the creek flowing to the east. The developer shall provide a \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2246\ot2246Amend Reviewldoc stub out of a 12" gravity trunk line to accept flow for the remainder of the 1,300 to 1,600 acre future service area contingent with the larger creek that crosses the southeastern corner of the plat, as described in Item 4. above. This 12" stub out shall have an invert into the wet well at elevation 908.00 and shall be orientated to receive flow from the eastern direction. 6. The sanitary lift station shall be designed to provide immediate service for the 51,000 GPD plus an additional49,000 GPD future service area. The pumps shall be designed to provide a peak flow rate of 280 GPM to the proposed WWTP. The wet well shall be increased to a 12' diameter wet well to allow for future regional service area with an ultimate peak flow rate of 2,500 GPM. WATER SYSTEM 1. The well and pumphouse are not in an acceptable location for paved access or frequent maintenance. The pump house site should be on the highest point in the project plat so hat the hydropneumatic tank could still provide some flow and pressure in the event of a 1 hour power outage. A connection for an emergency generator shall be provided. The pump house should be much like the existing Pumphouse # 2 located near the Riverpointe development and the existing WWTP #1. Full treatment of the well water with chlorination, fluoridation and poly sulfate iron sequestering shall be provided. A hydropneumatic tank with an operating capacity of 5,000 gallons, (a total volume of 7,000 gallons)is required. The pump shall be a submersible pump with mechanical soft start contacts, not VFD. 2. The well shall be drilled into the Mt. Simon aquifer, approximately 450 to 500 foot depth. The discharge line shall be 12". The well pump shall be capable of providing the TDH to deliver the water to the 70th Street elevated tower ( under construction) elevation of 1120, approximately two miles south of the project, and at the 500 GPM rate. 3. The trunk water mains shall be a 16" line on Kadler Ave. for the full frontage of the project with both a 12" and 8" connection point for the western property to connect to when it develops. The developer shall provide a 12"trunk water line traversing through the project to its eastern boundary. All other water lines shall be 8" and with 6" hydrants. WWTP 1. The initial capacity of the WWTP shall be 67,000 GPD with two SBR's on line. The room and piping shall be provided to add the third SBR to bring the total capacity up to 100,000 GPD. 2. Phosphorous removal by coagulation followed by gravity sand filters shall be provided to reduce an assumed phosphorous concentration of 4 MGL down to 1 MGL. 3. A diesel powered electric generator shall be provided within the treatment enclosure building. \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2246\ot2246Amend Reviewldoc Provide a minimum of 0.10' fall across sanitary sewer manholes. 2. 45° bends in sanitary sewer services shall not be allowed. 3. Waterous Pacer hydrants (or approved equal) shall be installed throughout the proposed plat at maximum 500' spacing for single family low density and 300' spacing for medium-high density residential and commercial to meet City standards. Hydrants shall be equipped with tags which indicate that they are not for fire protection. No two inch hydrants are allowed. 4. Provide temporary hydrants at the end of watermain stubs for flushing purposes. 5. Redesign sanitary sewer system to provide 12" trunk sewer traversing property generally following creek east from Kadler Ave. to eastern boundary. Relocate sanitary lift station to eastern boundary south of creek (as discussed at previous staff meeting held June 26th). Inverts as marked on plans. 6. Provide three future access points for sanitary sewer from adjacent property. 7. Detail comments on well pumphouse, sanitary lift station, and waste water treatment plant designs will follow. STREET & STORM SEWER PLAN Plans prepared by a registered professional engineer shall be submitted for the proposed tunnels (box culverts). 2. Storm sewer pipe shall be 15" diameter minimum. (3.04) 3. The distance pond outlet shall be located as far as possible from the pond inlet to prevent short-circuiting. (ex. Pond located northwest of 92nd Street NE / Kaiser Circle NE intersection) 4. We would recommend Outlot G be dedicated right-of-way if provisions are going to be made for 92nd Street NE to continue to the east. However, if due to concerns by adjacent property owners, the Planning Commission and/or City Council decided that 92nd Street NE should not extend to the east plat line at this time, we would suggest revising the 92nd Street NE/Kaiser Circle NE intersection to a three legged intersection. Creating Outlot G will require future City Council action to convert the property to public right-of-way. DETAIL SHEETS Standard Plate No. 200 — Only steel post markers are now allowed. \\Ha01\Shared Docs\M unicipal\Aotsego2xxx\2246\ot2246Amend Reviewldoc 2. Standard Plate No. 300 — Chimney Seals are now required. 3. Standard Plate No. 302 — Only steel post markers are now allowed. Service pipe and fittings shall be SDR 26. 4. Standard Plate No. 303 — Only steel post markers are now allowed. GRADING, DRAINAGE, & EROSION CONTROL PLAN 1. All road surface storm water must pass through a NURP pond with a skimmer structure prior to entering the creek / creek pond system. 2. The high water elevations shall be established for rear yard inlets. 1.5' of freeboard shall be provided from the established high water elevation or emergency overflow elevation. 3. 1.5' of freeboard to the lowest opening shall be provided for all structures adjacent to storm -water basins/wetlands/ponding areas with outlets. Land -locked basins require 3' of freeboard above the established high water level. 4. The 2 -yr and 10 -yr elevations shall be shown for all NURP ponds as well as the NWL and HWL. 5. The high water elevations shall be called out for all wetlands/ponding areas. 6. All cross drainage from lot to lot shall be covered under a drainage & utility easement. Revise grading or provide easements. (ex. Block 4, Lots 13-17; Block 12, Lots 2-13) 7. Existing contours shall be labeled. 8. Provide a detail for inlet protection. 9. All drainage & utility easements shall be clearly depicted on the plan. Sedimentation basins and associated storm sewer shall be covered under a drainage & utility easement. 10. Easements of a minimum of 10' shall be provided on all lot lines. (21-7-15) 11. Point discharge of stormwater onto adjoining property shall not be allowed. 12. The size and invert elevations of the Kadler Avenue NE culverts shall be depicted on the plan. 13. Bottom elevations of existing and proposed mitigated wetlands appear erroneous (too deep). Approval of grading plan will be conditional upon DNR & LGU approval of the wetland mitigation plan. TEP meetings have been held and the LGU (City) will be sending out notice of wetland determination for 15 -day appeal period. \\Ha01\Shared Docs\MunicipakAotsego2xxx\2246\ot2246Amend Reviewldoc HYDROLOGY 1. We have received the Drainage Report and are in the process of reviewing it. We will incorporate the proposed data into a model of the upstream drainage area. Results and any comments will be forthcoming. OTHER CONSIDERATIONS 1. The storm sewer sizing and inlet spread computations have been received and we are in the process of reviewing them. Results and any comments will be forthcoming SUMMARY AND/OR RECOMMENDATION \\Ha01\Shared Docs\Municipal\Notsego2xxx\2246\ot2246Amend Reviewldoc September 2, 2003 Dale Cambell John Oliver & Associates, Inc. 580 Dodge Avenue Elk River, MN 55330 Re: Riverwood National Kadler Avenue Construction Plan Review Dear Mr. Cambell: We have reviewed the Kadler Avenue Construction Plans, dated 6/18/03, and would offer the following comments: The typical sections incorrectly depict 106' of total ROW. The correct ROW shall be depicted. Minimum vertical curve lengths shall be per Mn/DOT guidelines for a 45 mph design speed. We realize that at the vertical curve at station 57+50 it will be difficult to match driveways, but a 30 mph minimum curve must be implemented with appropriate signing. We suggest lowering the PVI approximately 1' and sliding approximately 25' to the north. More specifically, the length of the curve needs to be increased from 290 feet to 320 feet. 3. Kadler Avenue NE run-off shall be directed into a sedimentation basin before being allowed to enter the natural drainage system. From station 48+50 to station 50+50, avoid impacting the trees on the adjacent property to the east. It appears that the abbreviation "CMP" is missing from note 3. The sheet reference for the page break on sheet 2 of 20 refers to "see sheet 3". It should read, "see sheet 4". A ditch system shall be used to convey the stormwater. The contours/cross-sections do not correctly depict this in many locations. It appears that the template used for the road section does not correctly depict a ditch section in some locations (where the existing ground adjacent to the road is lower than 2.5' below the roadway) and some manual editing of the contours will be required. In many cases the cross sections indicate the locations where a defined ditch is not present. 8. The developer will be responsible for obtaining the temporary construction easements shown. \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2246\ot2246KadlerRvw2.doc Mr. Dale Cambell Page 2 of 2 9. An existing 30" CMP culvert is shown in the profile on sheet 7 with an invert elevation of approximately 917. Please verify. 10. We are in the process of modeling the watershed to determine the required size of the Kadler Avenue NE cross culverts. 11. Overall, it is somewhat difficult to differentiate between proposed and existing contours. Consider using a lighter pen for existing contours. Also, please label the proposed contours with elevations. If you have further questions, need additional information, or wish to discuss any of these items in greater detail please contact me, or Mr. Shane Nelson, at 763-427-5860. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. Ronald J. Wagner, P.E. cc: Mike Robertson, Administrator Judy Hudson, Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Manley Brothers Construction \\Ha01\Shared Docs\Municipal\Aotsego2xxx\2246\ot2246KadlerRvw2.doc NORTHWEST ASSOCIATED CONSULTANTS, INC. IV 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM- Daniel Licht, AICP DATE: 17 March 2004 RE- Otsego — City Code NAC FILE- 176.19 This memorandum forwards the codification of Otsego's City Code. The document incorporates all past Ordinances adopted by the Town Board and City Council and amendments, thus reflecting current regulations. The only language contained in the City Code not previously approved by the Town Board or City Council includes the following sections: Chapter 1 — General Provisions Chapter 8, Section 3 - On -Street Parking The City Council may choose to schedule a work session to review these sections in greater detail prior to adoption of the codified City Code. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner OTSEGO CITY CODE TABLE OF CONTENTS Chapter 1 General Provisions Section 1 Official City Code .................................................... Chapter 2 Administration 1-2 Section 1 Code of Ethics........................................................ 2-2 Section 2 Official Bonds......................................................... 2-6 Section 3 Mayor and City Council Salaries ................................. 2-7 Section 4 Fee Schedule.......................................................... 2-8 Chapter 3 Boards and Commissions Section 1 Planning Commission ................................................ 3-2 Chapter 4 Building Regulations Section 1 Building Code.......................................................... 4-2 Section2 Fire Code............................................................... 4-4 Section 3 Individual Sewage and Wastewater Treatment ............... 4-5 Chapter 5 Public Safety Section 1 Animals................................................................... 5-2 Section 2 Firearms and Hunting Regulations ................................ 5-19 Section 3 Juvenile Curfew........................................................ 5-21 Section 4 Open Burning........................................................... 5-24 Section 5 Address Display......................................................... 5-27 Section 6 Emergency Alarm Systems .......................................... 5-28 Section 7 Property Maintenance ................................................. 5-29 Section 8 Public Nuisances........................................................ 5-33 Chapter 6 Public Utilities, Property Improvements, and Ways Section 1 Municipal Utilities...................................................... 6-2 Section2 Water Use............................................................... 6-4 Section 3 Sewer Use............................................................... 6-9 Section 4 Special Assessments ................................................. 6-13 Section 5 Deferred Special Assessments ..................................... 6-21 Section 6 Right -of -Way Management .......................................... 6-23 TC -1 Chapter 7 Businesses and Licenses Section 1 Mechanical Amusement Devices .................................. 7-2 Section 2 Non -Intoxicating Malt Liquors ....................................... 7-13 Section 3 Intoxicating Liquors .................................................... 7-22 Section 4 Sunday Liquor Ordinance ............................................ 7-32 Section 5 Special Events.......................................................... 7-33 Section 6 Gas Franchise........................................................... 7-36 Section7 Mining ................................... ............................ 7-40 Section 8 Solid Waste...............................................................- 761 Section 9 Cable Ordinance......................................................... 7-86 Chapter 8 Motor Vehicles Section 1 Snowmobiles and Other Recreational Motor Vehicles ......... 8-2 Section 2 Unreasonable Acceleration and Erratic Driving ..................8-9 Section 3 On -Street Parking....................................................... 8-10 Chapter 9 - 19 Reserved Chapter 20 Zoning Ordinance Chapter 21 Subdivision Ordinance TC -2 CHAPTER11 GENERAL PROVISIONS Pace Section 1 Official City Code ....................................................... 1-2 1-1 SECTION 1 OFFICIAL CITY CODE Section 1-1-1 Title 1-1-2 Acceptance 1-1-3 Amendments 1-1-4 Code Alteration 1-1-5 Saving Clause 1-1-1: TITLE: Upon adoption by the City Council, this City Code is hereby declared to be and shall hereafter constitute the official City Code of the City of Otsego. This City Code of ordinances shall be known and cited as the OTSEGO CITY CODE and it is hereby published by authority of the City Council and shall be kept up to date as provided in Section 1-1-3 of this Chapter. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, and to the general penalty clause, relating thereto, as well as to the section itself, when reference is made to this City Code by title in any legal documents. (Ord. 2004- , 2004) 1-1-2: ACCEPTANCE: The City Code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in all administrative tribunals of this State as the ordinances of the City of general and permanent effect. (Ord. 2004- 2004) 1-1-3: AMENDMENTS: Any ordinance amending the City Code shall set forth the title, chapter and section number of the section or sections to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this City Code. All such amendments or revisions by ordinance shall be immediately codified and the ordinance material shall be prepared for insertion in its proper place in each copy of this City Code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the City Code. (Ord. 2004- , 2004) 1-1-4: CODE ALTERATION: It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this City Code in such a manner that the meaning of any phrase or order may be changed or omitted. Replacement pages may be inserted according to the official instructions when so authorized by the City Council. The Clerk shall see that the replacement pages are properly inserted in the official copies maintained in the office of the Clerk. Any person having in his custody an official copy of the City Code shall make every effort to 1-2 maintain the Code in an up to date and efficient manner. They shall see to the immediate insertion of new or replacement pages when such are delivered to him or made available to him through the office of the City Clerk. The Code books, while in actual possession of officials and other interested persons, shall be and remain the property of the City and shall be returned to the office of the Clerk when directed to do so by order of the City Council. (Ord. 2004- 2004) 1-1-5: SAVING CLAUSE: A. Repeal of General Ordinances. All general ordinances of the City passed prior to the adoption of this Code are hereby repealed, except such as are included in this Code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not hereby repealed: tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances, bond ordinances, ordinances relating to elections, ordinances relating to the transfer or acceptance of real estate by or from the City; and all special ordinances. B. Public Utility Ordinances. No ordinance relating to railroad crossings with streets and other public ways, or relating to the conduct, duties, service or rates of public utilities shall be repealed by virtue of the adoption of this Code or by virtue of the preceding section, excepting as this Code may contain provisions for such matters, in which case this Code shall be considered as amending such ordinance or ordinances in respect to such provisions only. C. Severability Clause. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Code or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Code, or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one (1) or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid, or ineffective. (Ord. 2004- 2004) 1-3 CHAPTER 2 ADMINISTRATION Paqe Section 1 Code of Ethics........................................................ 2-2 Section 2 Official Bonds......................................................... 2-6 Section 3 Mayor and City Council Salaries ................................. 2-7 Section 4 Fee Schedule.......................................................... 2-8 2-1 SECTION 1 CODE OF ETHICS Section 2-1-1 Policy and Purpose 2-1-2 Responsible for Public Office 2-1-3 Scope of Persons Covered 2-1-4 Conflict of Interest 2-1-5 Disclosure 2-1-6 City Council Enforcement 2-1-1: POLICY AND PURPOSE: It is imperative that all persons acting in the public service not only maintain the highest possible standards of ethical conduct in their transaction of public business, and that such standards be clearly defined and known to the public as well as to the persons acting in public service. The proper operation of a democratic government requires that public officials be independent, impartial, and responsible to the people. Governmental decisions and policies must be made in the proper channels of the governmental structure. Public office may not be used for personal gain. Citizens must have confidence in the integrity of their government officials. Employees and contracted staff of the City must also be held to the highest ethical standards, but the standards established for them should be contained within the City's employee manual and/or individual contracts. In recognition of these goals, there is hereby established a Code of Ethics for the City's elected and appointed public officials. The purpose of this Code is to establish ethical standards of conduct for such persons by prohibiting acts which are incompatible with the City's best interests, and to demonstrate to the public the City's commitment to hold said public officials to the highest possible standard of conduct. The provisions and purpose of this Code are declared to be in the best interests of the City of Otsego. (Ord. 97-13, Oct. 13, 1997) 2-1-2: RESPONSIBILITIES OF PUBLIC OFFICE: Public officials hold office on behalf of the public. They are bound to uphold the Constitution of the United States of America and the Constitution of the State of Minnesota. Public officials must carry out impartially the laws of the nation, state, and City in fostering respect for all government. They are bound in their official acts to the highest standards of morality, and to discharge faithfully the duties of their office. Public officials shall be dedicated to fulfilling the responsibilities of their office. They shall be dedicated to the public purpose and all programs developed by them shall be in the community interest. Public officials shall not exceed their authority or breach the law or ask others to do so. They shall 2-2 work in full cooperation with other public officials and employees unless prohibited from doing so by law. (Ord. 97-13, Oct. 13, 1997) 2-1-3: SCOPE OF PERSONS COVERED: A. The provisions of this Code of Ethics are applicable to the Mayor, all members of the City Council, and all appointed City officials. It shall not include City employees who are not otherwise appointed officials, contracted City staff, nor citizen volunteers. B. The disclosure provisions of Section 2-1-5 are applicable only to elected public officials, and members of the following boards and commissions: Planning and Zoning Commission, Economic Development Authority Advisory Commission, Heritage Preservation Commission, and Park and Recreation Commission. (Ord. 97-13, Oct. 13, 1997) 2-1-4: CONFLICT OF INTEREST: A. No person covered by this Code shall knowingly engage in any conflict of interest, or knowingly engage in any business or transaction, or shall have a direct or indirect financial or other personal interest which is incompatible with the proper discharge of the person's official duties or would tend to impair the person's independent judgment or action in the performance of his official duties. In determining whether or not a conflict of interest exists, factors to be considered include the nature of the matter before the City, the effect or potential effect of the actions taken by the public officials, and the need for action on the matter in question. While a conflict of interest could conceivably exist in many instances, a conflict only falls within the scope of this policy when it arises to the level of disqualifying conflict of interest. A disqualifying conflict of interest is a conflict which rises to such a level that a reasonable person viewing the matter in an objective fashion would conclude that the apparent or real conflict would not allow the involved official to make an unbiased decision in the matter. In the case of a proposal of general application throughout the City, the issue as to whether or not a conflict of interest exists is not as closely scrutinized as when a conflict of interest exists regarding an application for action regarding a defined specific parcel of property, or in a case where the action affects a particular individual or a narrowly defined class of individuals rather than the public in general. In the case of a specific application, a disqualifying conflict of interest exists when there is a reasonable perception (whether it actually exists or not) of a conflict of interest. In the case of an ordinance or decision of general 2-3 application, the standard shall be an actual conflict of interest, since it is in the nature of the system of City government that various conflicting views and interests be represented in any vote on an ordinance or policy of general application. Conflict of interest shall include both personal and financial conflicts. A "personal interest" is an interest arising from blood or marriage relationships, or from close business or political association. A "financial interest" means any monetary interest in a contract before the City, or a direct financial interest in the matter through the ownership of stocks, bonds, notes, or other securities. B. If a public official determines that they have a disqualifying conflict of interest, they shall bring it to the attention of the Council, Board, or Commission at the time that consideration of the matter is before that body. The public official shall then recuse themselves from any further discussion or action regarding that matter. If they so choose, they may leave the table and be seated in the audience, where they have the same rights as any other citizen. In the event that the chair, or any other member of the Council, Board, or Commission, reasonably believes that another member has a disqualifying conflict of interest, they may raise the matter with the member who has a perceived conflict of interest. In the event that the member does not believe that a conflict exists, and will not voluntarily recuse themselves, the matter may be called to a vote of the affected body. Notwithstanding that vote, it will still be up to the affected member to voluntarily recuse themselves or not recuse themselves. With the understanding that a failure to recuse may have legal implications in a matter where the vote directly affects the rights of an individual in a matter before the City Council, in such a case, the Council may request that the City Attorney render an opinion as to whether or not the conflict of interest alleged exists, and whether or not it is a disqualifying conflict of interest. C. A conflict of interest shall include, but shall not necessarily be limited to the following: 1. Holding a private or other public position in addition to the person's primary public position which interferes with the proper discharge of public duty. 2. Use of confidential information, obtained as a result of public position, for personal gain. 3. Soliciting of personal gifts and favors. 4. Use of official position for personal gain. 2-4 5. Holding investments which will interfere with the proper discharge of public duty. 6. Representation for profit of private interests before City governmental agencies. 7. Participation as a public representative in a business transaction in which the person has a direct or indirect financial or other personal interest, without full disclosure. 8. Personal interest in any matter which prevents the person from properly fulfilling their public duty. D. Notwithstanding any provision of this chapter to the contrary, no person subject to this chapter shall directly or indirectly solicit any gift or accept or receive any gift of substance whether in the form of money, services, loan, travel, entertainment, hospitality, promise, or any other form, under circumstance in which it could reasonably be expected to influence him or her in the performance of his or her official duties of was intended as a reward for any official action on his or her part. (Ord. 97-13, Oct. 13, 1977) 2-1-5: DISCLOSURE: A. Any Council member, Board member, or Commission member, prior to consideration of any matter affected by the section, shall disclose to the body on which he serves any fact or circumstance constituting a conflict of interest as set forth in this Code. If the matter is of such a nature that the member does not wish to specifically state the facts or circumstances of the conflict, they may state simply that they have a conflict. B. In the event that the conflict of interest is a disqualifying conflict of interest, the member shall recuse themselves from any discussion or action regarding the issue in front of the body. C. All Council members, Board members, or Commission members are encouraged to recuse themselves in any situation where facts and circumstances would lead an objective observer to the reasonable conclusion that a conflict of interest may exist. (Ord. 97-13, Oct. 13, 1977) 2-1-6: CITY COUNCIL ENFORCEMENT: Failure of any Commission or Board member to properly recuse themselves in a conflict of interest situation, may result in City Council initiated removal from the public body. (Ord. 97-13, Oct. 13, 1977) 2-5 SECTION 2 OFFICIAL BONDS Section 2-2-1 Bond Required 2-2-2 Executed Bond 2-2-3 Official Duties 2-2-4 City Bond 2-2-5 Premiums 2-2-1: BOND REQUIRED: The following officers and employees of the City of Otsego, before entering upon the discharge of their duties, shall each execute and furnish an official bond, the respective amounts thereof to be as follows: (Ord. 95-15, April 24, 1995) City Clerk $100,000.00 Deputy City Clerk $100,000.00 City Treasurer $100,000.00 Director of Business and Finance $1007000.00 2-2-2: EXECUTED BOND: The official bonds of all officers and employees shall be executed in favor of the City of Otsego, Minnesota, and shall be approved and filed as required by law. (Ord. 95-15, April 24, 1995) 2-2-3: OFFICIAL DUTIES: The official bond of each officer and employee shall be executed in such form as to require the faithful performance of official duties and the proper application of, and payment upon demand for, all monies officially received by each such officer and employee. (Ord. 95-15, April 24, 1995) 2-2-4: CITY BOND: The official bond of each officer and employee required to be furnished shall be covered by a blanket bond obtained by the City. (Ord. 95-15, April 24, 1995) 2-2-5: PREMIUMS: The premiums for the official bonds shall be paid from the general fund of the City. (Ord. 95-15, April 24, 1995) 2-6 SECTION 3 MAYOR AND CITY COUNCIL SALARIES Section: 2-3-1 Compensation 2-3-2 Additional Compensation 2-3-1: COMPENSATION: The salary of the Mayor shall be $4,200.00 per year ($350.00 per month) and the salary of each Council member shall be $3,600.00 per year ($300.00 per month). The Mayor and Council members shall be compensated in the amount of $25.00 for each special Council meeting attended, each meeting of any established committee or commission which the Mayor or any Council member is an ex - officio member, and each meeting which the Council has directed or authorized the Mayor or any Council member to attend. The Mayor and Council members shall also receive reimbursement for expenses related to attendance at said additional meetings as well as any other functions which they are authorized to attend on behalf of the City, including mileage costs at the then applicable IRS rate. The Mayor or Council members shall submit written claims to the City Clerk for compensation and for reimbursement expenses. (Ord. 91-04, Jan. 14, 1991) 2-3-2: ADDITIONAL COMPENSATION: In addition to that compensation listed above, the Mayor and Council members shall receive as compensation for attendance at workshops, seminars, or conventions $150.00 for each day of attendance plus reimbursement for expenses related to attendance including mileage costs at the then applicable IRS rate. Written claims for all additional compensation and related expenses shall be submitted to the City Cierk. (Ord. 91-04, Jan. 14, 1991) 2-7 SECTION 4 FEE SCHEDULE Section: 2-4-1 Purpose 2-4-2 Fee Schedule 2-4-1: Purpose: The purpose of this section is to establish certain fees for the delivery of services and processing of various permits and licenses as established by the Otsego City Code to equitably allocate administrative costs to those generating the demand or utilizing the service. (Ord. 2003-25, December 22, 2003) 2-4-1: Fee Schedule: The City Council hereby establishes the following schedule of fees: A. Licenses: 1. Liquor a. Non -intoxicating Liquor (on -sale): $ 75.00 b. Non -intoxicating Liquor (off -sale): $ 50.00 C. Club: $ 75.00 d. Intoxicating Liquor (on -sale): $4,000.00 e. Intoxicating Liquor (Sunday): $ 200.00 f. Investigation Fee (single): $ 500.00 g. Investigation Fee (corporation): $ 500.00 h. Set-ups: NO COST i. Wine: $ 150.00 j Temporary Non -Intoxicating Liquor: $ 25.00 k. Temporary Intoxicating Liquor: $ 25.00 I. Premises Extension Permit (on -sale): 2. Mechanical Amusement: $15.00/business, plus; a. Mechanical Rides: $15.00/ride, b. Pinball Games: $15.00/game C. Pool table (coin operated) $15.00/table d. Video Game: $15.00/game 3. Garbage Hauler: $20.00 B. Permits: 1. Building Permit: Refer to Chapter 4, Section 1 of the City Code. 2. Septic Installation/Repair: $60.00 2-8 3. Sewer and Water Hook -Up $50.00 4. Burning Permit NO COST 5. Home Occupation Permit: $15.00 6. Sign Permit: a. Up to 100 square feet $ 50.00 b. 101 square feet — 300 square feet $120.00 C. Over 300 square feet $200.00 d. Annual Advertising Structure Insp. $ 10.00 e. Temporary $ 10.00 f. Temporary Deposit $100.00 C. Development Applications: 1. Zoning Amendment (map or text): a. Base Fee: $ 500.00 b. Escrow: $ 600.00 C. Total: $1,100.00 2. Conditional Use Permit — Single Family a. Base Fee: $ 200.00 b. Escrow: $ 600.00 C. Total: $ 800.00 3. Conditional Use Permit — Other a. Base Fee: $ 200.00 b. Escrow: $ 800.00 C. Total: $1,000.00 4. Conditional Use Permit - Appeal: a. Base Fee: $ 200.00 b. Escrow: $ 400.00 C. Total: $ 600.00 5. Interim Use Permit: a. Base Fee: $ 500.00 b. Escrow: $ 400.00 2-9 E 2-10 C. Total: $ 900.00 6. Administrative Permit: a. Base Fee: $ 200.00 b. Escrow: $ 400.00 C. Total: $ 600.00 7. Site Plan Review: a. Base Fee: $ 200.00 b. Escrow: $ 400.00 C. Total: $ 600.00 8. Sketch Plan- a. Base Fee: $ 200.00 b. Escrow: $ 400.00 C. Total: $ 600.00 9. Preliminary Plat- a. Base Fee: $ 500.00 b. Escrow: $2,800.00 C. Total: $3,300.00 10. Final Plat: a. Base Fee: $ 200.00 b. Escrow: $ 400.00 C. Total: $ 600.00 11. Administrative Subdivision: a. Base Fee: $ 200.00 b. Escrow: $ 0.00 C. Total: $ 200.00 Development Fees 1. Collector Road Impact: a. Clay Soils: $1,165.00/dwelling b. Sand Soils: $ 980.00/dwelling 2. Sewer Availability Charge: $6,200.00/REC 2-10 3. Water Availability Charge: $3,100.00/REC 4. Storm Water Impact: a. Lefebvre Creek: $1,550.00/gross acre b. Otsego Creek: $2,250.00/net acre 5. Park and Trail Dedication: See Section 21-7-18 F. General Government Services - ervices:1. 1 . General Labor (minimum 15 min.): $15.00/hour 2. Copies (all sizes): $ 1.00/per sheet 3. Fax: $ 1.00/per page 4. Recycling Bin: $ 5.00 5. Legal and PIN/PID information: $25.00/search 6. Zoning Designation / Flood Panel No.: $25.00/search 7. Lot Dimension: $35.00/search 8. Special Assessment Search: $35.00/search 9. Septic Search: $35.00/search 10. Recycling Bin a. New construction: NO COST b. Existing Home: $ 5.00/bin G. Documents 1. Comprehensive Plan: $ 45.00 2. City Code: $135.00 3. Zoning/Subdivision Ordinance: $ 60.00 4. Engineering Manual: $ 30.00 5. City Map: $ 5.00 2-11 6. Zoning Map — Large Scale: $ 10.00 7. Zoning Map — Small Scale: $ 5.00 8. Floodplain Map: Free 9. Topography Maps/Data — Less than 3.Oac.: $ 30.00 10. Topography Maps/Data — 3.Oac. or More: $ 15.00/ac. 11 Half Section Map Sets: $160.00 12. Wright County Map: $ 5.00 H. Animals 1. Dog License (2 years): $ 10.00 2. Duplicate Dog License: $ 2.00 3. Impound Fees: a. 1St Impoundment / calendar year: $ 50.00 b. 2nd Impoundment/ calendar year: $ 75.00 C. 3rd Impoundment / calendar year; $100.00 I. Public Safety 1. False Alarm Charge: a. Fire: No charge for first three (3) alarms, $150.00 for fourth alarm, $50.00 for each successive alarm per calendar year. b. Other: No charge for first four (4) alarms, $50.00 for fifth alarm, $50.00 for each successive alarm per calendar year. J. Engineering 1. Mineral Extraction: $0.05 per cubic yard mined per calendar year. (Ord. 2003-25, December 22, 2003) 2-12 CHAPTER 3 BOARD AND COMMISSIONS Paqe Section 1 Planning Commission ................................................ 3-2 3-1 SECTION 1 PLANNING COMMISSION Section 3-1-1 Establishment and Membership 3-1-2 Meetings, Officers and Procedures 3-1-3 Function, Duties 3-1-4 Meetings 3-1-5 Compensation 3-1-5 Records 3-1-1: ESTABLISHMENT AND MEMBERSHIP: A City Planning Commission is hereby established. The Planning Commission shall consist of seven (7) members, all of whom are appointed by the City Council. The terms of each member of the Planning Commission shall be four (4) years. All members shall hold their respective offices until their successors are appointed and qualified. The City Council shall also appoint one (1) of its members as an ex -officio member of the City Planning Commission who shall attend Planning Commission meetings and act as a liaison between the City Council and the Planning Commission. The City Council shall also appoint alternate member(s) from time to time as they deem necessary, who shall assume any vacancy occurring during said alternate's period of appointment. The alternate shall attend all regular and special meetings of the City Planning Commission and shall act as a replacement at any specific meeting in the event of the absence, for whatever reason, of any regularly appointed member of the Commission. Any other vacancies occurring during the term shall be filled by appointment by the City Council and shall run until the term expires. (Ord. 2004-04, March 8, 2004) 3-1-2: MEETINGS, OFFICERS AND PROCEDURES: The Commission shall establish regular meeting dates and shall hold at least one (1) regular meeting every first (1S) and third (3rd) Wednesday of each month. Special meetings may be called by the Chairman or by any two (2) members of the Commission upon three (3) days written notice to all members. The Commission shall establish and adopt rules of procedure as necessary. (Ord. 92-01, March 9, 1992) 3-1-3: FUNCTION, DUTIES The Planning Commission shall meet regularly pursuant to this Code, shall hold public hearings when required by City ordinance or any other applicable law, and it, or the City Council, may, at their discretion, initiate any additional hearing they deem necessary. The Planning Commission shall have such duties as assigned in this Code, in other City ordinances, and in State Statutes, and shall act in an advisory capacity to the City Council in all such matters. 3-2 The Planning Commission shall transmit recommendations to the City Council on all matters which it considers. If such matter involves a decision regarding application of a City ordinance, the Planning Commission shall transmit to the Council specific and particularized information regarding the basis for such recommendation and the information which was considered in arriving at such recommendation. (Ord. 92-01, March 9, 1992) 3-1-4: MEETINGS: Meetings shall be held at least twice per month on every first (1S) and third (3rd) Wednesday, as called by the Chairman or members, or as set by the City Council. A majority, which is defined to include the designated alternate when said alternate is acting as a regular Commission member pursuant to this Code, shall constitute a quorum. Minutes of each meeting shall be kept and provided to the City Council. (Ord. 92-01, March 9, 1992) 3-1-5: COMPENSATION: As compensation for services rendered as a member of the Planning Commission, each member and the designated alternate shall receive $20.00 for attendance at each regularly scheduled or special meeting of the Planning Commission, plus $10.00 for each site inspection. (Ord. 92-01, March 9, 1992) 3-1-6: RECORDS: The Zoning Administrator shall provide for permanent records of the Planning Commission proceedings, which shall include minutes of its meeting, its finding of fact, recommendations, and the action taken on each matter which it considers. (Ord. 92-01, March 9, 1992) 3-3 CHAPTER 4 BUILDING REGULATIONS Section 1 Building Code.............................................................. 4-2 Section2 Fire Code.................................................................... 4-4 Section 3 Individual Sewage and Wastewater Treatment .................... 4-5 4-1 SECTION 1 BUILDING CODE Section 4-1-1 Application, Administration and Enforcement 4-1-2 Permits and Fees 4-1-3 Violations and Penalties 4-1-4 Building Code 4-1-1: APPLICATION, ADMINISTRATION AND ENFORCEMENT: A. The application, administration, and enforcement of this Code shall be in accordance with Minnesota Rule part 1300.2100 and as modified by Chapter 1305. This Code shall be enforced within the extraterritorial limits permitted by Minnesota Statute 16B.62, Subdivision 1, when so established by this ordinance. B. The Code enforcement agency of this municipality is called the Building Department. C. A Minnesota certified Building Official must be appointed by this jurisdiction to administer this Code (Minnesota Statute 16B.65). (Ord. 99-1, Jan. 27, 1999) 4-1-2: PERMITS AND FEES: A. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statute 166.62, Subdivision 1 and as provided for in Chapter 1 of the 1997 Uniform Building Code and Minnesota Rules part 1305.0106 and 1305.0107. (Ord. 99-1, Jan. 27, 1999) B. Permit fees shall be assessed for work governed by this Code in accordance with Table No. 1-A of the 1994 UBC of this ordinance. In addition, a surcharge fee shall be collected on all permits issued for work governed by this Code in accordance with Minnesota Statute 1613.70. (Ord. 99-1, Jan. 27, 1999) 4-1-3: VIOLATIONS AND PENALTIES: Violation of this Code is a misdemeanor (Minnesota Statute 16B.69). 4-1-4: BUILDING CODE: The Minnesota State Building Code, established pursuant to Minnesota Statutes 1613.59 to 1613.75 is hereby adopted as the building code for this jurisdiction. The code is hereby incorporated in this ordinance as if fully set out herein. 4-2 A. The Minnesota State Building Code includes the following chapter of Minnesota Rules - 1 . ules: 1. 1300 Minnesota Building Code 2. 1301 Building Official Certification 3. 1302 State Building Construction Approvals 4. 1305 Adoption of the 1997 Uniform Building Code including Appendix Chapters: a. 3, Division I, Detention and Correctional Facilities b. 12, Division II, Sound Transmission Control C. 15, Re -roofing d. 16, Division I, Snow Load Design e. 29, Minimum Plumbing Fixtures f. 31, Division II, Membrane Structures 5. 1307 Elevators and Related Devices 6. 1315 Adoption of the 1996 National Electrical Code 7. 1325 Solar Energy Systems 8. 1330 Fallout Shelters 9. 1335 Floodproofing Regulations 10. 1340 Facilities for the Handicapped 11. 1346 Adoption of the 1991 Uniform Mechanical Code 12. 1350 Manufactured Homes 13. 1360 Prefabricated Buildings 14. 1361 Industrialized/Modular Buildings 15. 1370 Storm Shelters (Manufactured Home Parks) 16. 4715 Minnesota Plumbing Code 17. 7670 Minnesota Energy Code B. This municipality adopts by reference any or all of the following optional appendix chapters of the 1997 Uniform Building Code as authorized by Minnesota Rule part 1305.0020, subpart 2: 3, Division III, 1992 One and Two Family Dwelling Code; 33, Excavating and Grading. The following optional appendix chapters of the 1997 Uniform Building Code are hereby adopted and incorporated as part of the Building Code for this municipality: 1. 1335 Floodproofing Regulations parts 1335.0600 to 1335.1200 C. This municipality adopts by reference any or all of the following optional chapters of Minnesota Rule: 1306, Special Fire Protection Systems with Option 8 (Group M, S, or F occupancies with 2,000 or more gross square feet) or 8a (Group M, S, or F occupancies with 5,000 or more gross square feet); 1335, Floodproofing Regulations part 1335.0600 to 1335.1200. (Ord. 99-1, Jan. 27, 1999) 4-3 SECTION 2 FIRE CODE Section: 4-2-1 Fire Code 4-2-2 Definitions 4-2-1: FIRE CODE: The Minnesota Uniform Fire Code and the Uniform Fire Code standards, as such may be from time to time amended, supplemented, or replaced in the future, pursuant to Minnesota Statutes and any rules thereunder is hereby adopted and incorporated by reference in this ordinance as is set forth in full as the Fire Code for the City of Otsego. One (1) copy of said code, as it may be from time to time amended, supplemented, or replaced under the above rules and statutes shall be on file in the office of the City Clerk. (Ord. 90-02, Dec. 10, 1990) 4-2-2: DEFINITIONS: A. Whenever the word "jurisdiction" is used in the Minnesota Uniform Fire Code, it shall be held to mean the City of Otsego, Minnesota. B. Whenever the term "corporation counsel" is used in the Minnesota Uniform Fire Code, it shall be held to mean the City Attorney for the City of Otsego, Minnesota. (Ord. 90-02, Dec. 10, 1990) 4-4 SECTION 3 INDIVIDUAL SEWAGE AND WASTEWATER TREATMENT Section.- 4-3-1 ection: 4-3-1 Purpose and Intent 4-3-2 Definitions 4-3-3 General Provisions 4-3-4 Administration 4-3-5 Permit Application Requirements and Procedures 4-3-6 Permit Approval Procedures 4-3-7 Inspections 4-3-8 Non -Compliant Systems; Failing Systems; and Systems Posing an Imminent Threat 4-3-9 Warrantied, Alternative, and Other Systems, Variances 4-3-10 Record Keeping 4-3-11 Enforcement 4-3-12 Connection to Municipal Sewer 4-3-13 Repealer 4-3-14 Severability 4-3-1: PURPOSE AND INTENT: The purpose of the Sewage and Wastewater Treatment Ordinance is to provide minimum standards for and regulation of individual sewage treatment systems (ISTS) and septage disposal including the proper location, design, construction, operation, maintenance, and repair to protect surface water and ground water from contamination by human sewage and waterborne household and commercial waste; to protect the public's health and safety; to protect the natural environment; and to eliminate or prevent the development of public nuisances. This ordinance is adopted pursuant to the authority granted under Minnesota Statutes Chapters 115 and 145A and Minnesota Rules Chapter 7080, pertaining to sewage and wastewater treatment, as the same may from time to tome be amended. (Ord. 00-09, June 12, 2000) 4-3-2: DEFINITIONS: For purposes of this ordinance, the following capitalized and italicized terms and phrases, wherever they appear, have the meanings indicated: `Alternative System' means an ISTS employing the methods and devices presented in Minnesota Rules 7080.0172, or as designated by the Commission in Minnesota Rules 7080. 0400, subpart 2. `Certificate of Compliance' means a document written after a compliance inspection, certifying that an ISTS is in compliance with the applicable requirements at the time of inspection. 4-5 `City' refers to the City of Otsego, a municipal corporation duly organized under the law of the State of Minnesota. `Commissioner' refers to the Commissioner of the Minnesota Pollution Control Agency. `Failing System' means a seepage pit, cesspool, drywell, leaching pit, other pit, a tank that obviously leaks below the designated operating depth, or any system with less than the required vertical separation as described in Minnesota Rules 7080.0060, subpart 3. `Imminent Threat' means situations with the potential to immediately and adversely impact or threaten public safety or health. At a minimum, ground surface or surface water discharges and any system causing sewage backup into a dwelling or other establishment shall constitute an imminent threat. `/STS' stands for Individual Sewage Treatment System. `Individual Sewage Treatment System' means a sewage treatment system, or part thereof, serving a dwelling, or other establishment, or group thereof, and using sewage tanks followed by soil treatment and disposal or using advanced treatment devices that discharge below final grade. Individual sewage treatment system includes holding tanks and privies. `ISIS Permit' refers to a permit required by and issued pursuant to this ordinance for the construction, installation, repair, alteration, relocation, maintenance or pumping of an ISTS. `ISTS Professional" means a person who designs, installs, alters, repairs, maintains, pumps, or inspects all or part of an individual sewage treatment system and is required to comply with applicable requirements. `Non -Compliant System' means an ISTS that is a failing system, a system posing and imminent threat or a system that otherwise does not meet the standards set forth in Minnesota Rules, Chapter 7080. A non-compliant system does not include alternative systems, warrantied systems, and other systems, provided such systems are not failing systems and do not pose an imminent threat to the natural environment or the public health, safety, and welfare. `Notice of Non -Compliance' means a document written and signed by a qualified employee or licensee after a compliance inspection that gives notice that an individual sewage treatment system is not in compliance with as specified under Minnesota Rules 7080.0060. `Other Systems' means systems described in Minnesota Rules 7080.0178 that do not meet the technical standards and criteria and rely on soil treatment and disposal. 4-6 `Standard System' means an ISTS that meets the requirements and specifications of Minnesota Rule Chapter 7080 and which is not a warrantied, alternative, or other system. `warrantied System' means an ISTS product or design on the warrantied systems list under Minnesota Rules 7080.0450. Any terms or phrases that appear in this ordinance and which are not specifically defined shall have the meaning given in Minnesota Rules 7080.0020. Any reference in this ordinance to Sections of 7080 refer to Minnesota Rules, Chapter 7080, as the same may be amended from time to time. (Ord. 00-09, June 12, 2000) 4-3-3: GENERAL PROVISIONS: A. Scope and Application. This ordinance shall apply to all existing and future individual sewage treatment systems located within the City of Otsego. B. Standards Adopted by Reference. The City hereby adopts by reference Minnesota Rules Parts 7080.0010 to 7080.0315, as the same may from time to time be amended, relating to minimum technical standards and criteria for individual sewage treatment systems_ Any ISTS constructed and installed within the City subsequent to the adoption of this ordinance must comply with these provisions adopted by reference, unless otherwise approved as a warrantied, alternative, or other system pursuant to Section 4-3-9 of this Code. C. Permits Required. No person shall construct, install, alter, repair, extend, relocate or pump any individual sewage treatment system in the City of Otsego without first applying for and obtaining a permit as provided in Section 4-3-5 of this Code. D. License Requirements. No person shall engage in the evaluation, inspection, design, installation, construction, alteration, extension, repair, maintenance or pumping of an individual sewage treatment system without first obtaining a license to perform such tasks from the Commission as required by Minnesota Rules 7080.0700 through 7080.0720. E. Additional Soil Treatment Area Required. For all lots created after January 23, 1996, and the ISTS system shall identify and designate at least one (1) alternative soil treatment area, in addition to the primary soil treatment area, which can support a standard soil treatment system. (Ord. 00-09, June 12, 2000) 4-7 4-3-4: ADMINISTRATION: A. Ordinance Administration. The City Clerk, Building Inspector, and City Engineer shall be responsible for the administration of this ordinance. B. Duties of the Clerk. The City Clerk shall be responsible for the administration and issuance of orders, permits and notices required by this ordinance. The Clerk is authorized and directed to cooperate with local and state officials and personnel in the enforcement of this ordinance, Minnesota Rules Chapter 7080 and applicable state laws. C. Duties of the Building Inspector. The Building Inspector shall be responsible for site and system inspections, compliance determinations, investigation of failing systems and permit review and any other duties necessary to ensure compliance with the provisions of this ordinance, Minnesota Rules Chapter 7080 and applicable state law. The Building Inspector shall be properly licensed by the MPCA to conduct the foregoing duties as required by Minnesota Rules Chapter 7080, as the same may from time to time be amended. D. City Engineer Duties. The City Engineer shall be responsible for review and system design analysis on all warrantied, alternative, or other systems approved under Section 4-3-9 of this Code. 4-3-5: PERMIT APPLICATION REQUIREMENTS AND PROCEDURES: A. Application Information. Each permit application required by Section 4-3-3.0 above shall be presented as follows and contain all of the following information: B. Application Form. Applications for permits shall be made on forms approved and furnished by the City. The applicant must be signed by the applicant and shall be submitted to the City Clerk. C. Legal Description, Name and License Data of ISTS Professional. Each permit application shall contain the legal description of the property for which the permit is requested. The application shall also disclose the name of the ISTS professional who will perform the work for which the permit is required and provide all license data required by Minnesota Rules 7080.0700 through 7080.0720. D. Site Plan. Each permit application shall be accompanied by a site plan, prepared by an ISTS professional or professional land surveyor, showing the following, unless such requirements are specifically waived, in whole or in part, in writing by the City's Building Inspector - 1 . nspector: 1. The location of any proposed or existing building on the subject property. 4-8 2. The boundary lines of the subject property. 3. The location of water supply facilities. 4. The location and ordinary high water mark or any streams, ponds, or lakes located on or within one hundred fifty (150) feet of the subject property. 5. That the proposed ISTS meets all setbacks as required by Minnesota Rules Chapter 7080. 6. Topographic contours at two (2) foot intervals. Topographic contours and elevations shall be drawn to scale on the site plan using common engineer's scale. 7. The location of any ISTS or wells on adjoining lots within one hundred fifty (150) feet of the subject property. 8. Each site plan shall be accompanied by a certificate of accuracy from the ISTS professional or land surveyor who prepared the site plan. E. System Design Data. Each permit application shall include a complete design plan showing the size and location of all parts of the ISTS and provide a design certification from a licensed ISTS professional as to the adequacy and location of the ISTS in relation to the requirements imposed by 7080. F. Other Data. Each permit application shall contain any and all additional information, as may be required by the City, necessary to show that the conditions of 7080 will be met. (Ord. 00-09, June 12, 2000) 4-3-6: PERMIT APPROVAL PROCEDURES: A. Permits. Permits shall be approved or denied as hereinafter provided in this subdivision. B. Permit Fees. The City Council shall, by resolution, set the amount of fees to be collected at the time of application for permits required by this ordinance. C. Submission of Application. Permit applications shall be submitted to the City Clerk, along with the permit fee. The Clerk shall forward all applications to the Building Inspector. The Building Inspector shall, within five (5) days, determine whether a submitted application is complete. Incomplete applications shall be rejected and returned to be applicant along with a written explanation as to why the application has been rejected. 4-9 D. Technical Review. Once a complete application is received, the Building Inspector shall review the application to determine whether it meets the requirements and standards of this ordinance and of Minnesota Rules Chapter 7080. The Building Inspector may, in his or her sole discretion, submit the permit application to the City Engineer for review, comment, and/or a determination as to whether the application meets the requirements of this ordinance and Minnesota Rule Chapter 7080. E. Approval by Building Inspector. Once a determination is made that the application meets all applicable requirements, then the application shall be returned to the City Clerk who shall issue the ISTS permit. The Building Inspector and/or City Engineer may impose any and all conditions to ensure compliance with the requirements of State law, Minnesota Rule Chapter 7080 and applicable local ordinance. If it is determined that the application does not meet the requirements of this ordinance or Minnesota Rules Chapter 7080, then the Clerk shall give notice to the applicant that the application has been rejected and state the reasons for such rejection as provided by the Building Inspector and/or City Engineer. The decision to approve or deny the application permit should occur within ten (10) days of the Building Inspector's receipt of a complete application. Failure to approve an application within ten (10) days shall not be construed as an approval or otherwise allowing an ISTS that would not be approved under this ordinance, Chapter 7080 or other applicable law. (Ord. 00- 09, June 12, 2000) 4-3-7: INSPECTIONS: A. General Inspection Requirements. The Building Inspector shall make such ISTS inspections as are necessary to determine compliance with this ordinance, Minnesota Rules Chapter 7080 and/or any conditions contained in permits issued hereunder. The following events shall trigger an ISTS compliance inspection: 1. A permit is granted under Section 4-3-6.E of this Code. 2. A building permit or variance is granted for new construction or the addition of a bedroom or bathroom on property served by an ISTS. 3. For all new ISTS construction, or any ISTS replacement, repair, alteration, maintenance, or operation. 4. Granting of request for change in system design or change in permit conditions. 5. The City learns or receives a complaint that a particular ISTS may be a failing system or poses an imminent threat to public health, safety, and welfare. 4-10 B. Time and Manner of Inspection. Inspections shall be made by the Building Inspector and/or City Engineer to ensure compliance with the requirements of this ordinance, Minnesota Rules Chapter 7080 and any permit conditions. Inspections shall be made within seven (7) days of written notification by any ISTS permit holder that the ISTS for which the permit was issued is ready for inspection. No part of the ISTS shall be covered until it has been inspected and accepted by the Building Inspector and/or the City Engineer. It shall be the responsibility of the permit applicant to notify the Building Inspector in writing that the project is ready for inspection. Inspections shall be made prior to the issuance of a building permit or variance for new construction or the addition of a bathroom or bedroom on property served by an ISTS. C. Certificate of Compliance and Notice of Non -Compliance. No newly constructed, installed, altered, repaired, extended or relocated ISTS shall be placed in operation until it has received a certificate of compliance as hereafter provided. Upon completion of the ISTS inspection as described in Section 4-3- 7.13 of this Code, the Building Inspector and/or City Engineer shall make a determination as to whether or not the ISTS has been constructed, repaired, extended or relocated in compliance with the requirements of this ordinance, Minnesota Rules Chapter 7080 and any permit conditions. If the ISTS is found to be compliant, then a certificate of compliance shall be issued to the property owner within thirty (30) days of inspection. If, however, the ISTS is found to be out of compliance, then a notice of non-compliance shall be issued. The notice of non-compliance shall state which portions of the ISTS are not compliant and shall further state a reasonable period for the property owner to bring the system into compliance. Once the necessary changes are made or the period specified in the notice of non-compliance has run, whichever occurs first, then the ISTS shall be again inspected as provided above. If upon re -inspection, the ISTS is not compliant, then a notice of non-compliance shall be issued to the property owner. The notice of non-compliance shall state why the ISTS is non-compliant. A copy of the certificate of non-compliance shall be forwarded to the City Attorney for enforcement as provided in Section 4-3-11 of this Code. D. Inspection Protocol. In the event that the Building Inspector cannot complete an inspection or perform all required inspections in a timely manner, the Building Inspector is authorized and directed to develop and inspection protocol. The inspection protocol shall establish the order and priority of inspections. For any ISTS required to be inspected for which the Building Inspector is unable to actually physically inspect the ISTS, the Building Inspector shall require that evidence of compliance be submitted. Evidence of compliance includes, but is not limited to, the following: 1. Affidavits from the ISTS professional who performed any construction, installation, repair, alteration, or relocation of the ISTS. 4-11 2. Video, electronic or photographic images of certain components and/or work performed. 3. "As built" drawings. 4. Any other data, as may be required by the Building Inspector in lieu of an actual inspection, evidencing compliance with this ordinance, Minnesota Rules Chapter 7080 and applicable state law. The Building Inspector shall review such evidence and issue either a certificate of compliance or notice of non-compliance accordingly. E. No Warranty or Guarantee of Operation. Neither the issuance of an ISTS permit or certificate of compliance, nor any inspection of an ISTS shall constitute any warranty or guarantee that said ISTS will operate or function properly. (Ord. 00-09, June 12, 2000) 4-3-8: NON-COMPLIANT SYSTEMS, FAILING SYSTEMS, AND SYSTEMS POSTING AN IMMINENT THREAT: A. Modification or Discontinuance Required. If upon inspection, an ISTS is found to be a non-compliant system, failing system, or a system posing an imminent threat to the natural environment or the public health, safety and welfare, then the ISTS shall, if possible, either be modified or repaired to comply with this ordinance or its use discontinued within the time periods specified in this subdivision. B. Non -Compliant Systems. A non-compliant system, other than a failing system or system posing an imminent threat, shall be properly repaired or modified or its use discontinued within three (3) years of issuance of a notice of non-compliance for said system. However, a certificate of compliance issued under this ordinance for a new system shall be valid for a period of five (5) years, unless said system is subsequently found to be a failing system or a system posing an imminent threat to the natural environment or the public health, safety, and welfare. C. Failing Septic Systems. A "notice of non-compliance" shall be issued and copies provided to the property owner and to the City within thirty (30) days after inspection when a failing system is found. A failing ISTS shall be upgraded, replaced, or its use discontinued within the six (6) months of issuance of the notice of non-compliance. In calculating the aforementioned six (6) month period, the months of November, December, January, February, March and April shall not be counted. 4-12 D. ISTS System Posing an Imminent Threat. Any ISTS posing an imminent threat to the natural environment or public health, safety, or welfare shall be upgraded, replaced or repaired, or its use discontinued, within a reasonable period of time, not to exceed three (3) months. In calculating the aforementioned three (3) month period, the months of November, December, January, February, March and April shall not be counted. (Ord. 00-09, June 12, 2000) 4-3-9: WARRANTIED, ALTERNATIVE, AND OTHER SYSTEMS; VARIANCES A. Application for Alternative or Other Systems. Application for approval of a warrantied, alternative, or other system shall be made in the same manner applying for an ISTS permit as provided for in Section 4-3-5 of this Code. B. Review by City Engineer. All applications requesting approval of a warrantied, alternative, or other system shall be forwarded to the City Engineer for a determination of eligibility for approval under this ordinance, Minnesota Rules Chapter 7080 and applicable State law. The City Engineer may require an applicant to submit any additional information as may be required by the City Engineer to determine eligibility for possible approval under this subdivision. If the City Engineer determines, based upon the application materials, that the proposed warrantied, alternative, or other system cannot meet the requirements of Minnesota Rules Chapter 7080 or this ordinance, then such application shall be denied and the City Clerk shall send to notice of such denial to the applicant. C. Requirements for Approval. To be eligible for possible approval, any warrantied, alternative, or other system must meet the requirements of Minnesota Rules 7080.0450, 7080.0172, and 7080.0178 respectively. In addition, the applicant must show that a standard system cannot be properly constructed on the subject property and that additional land for a standard system is unavailable. D. Approval Process. If the City Engineer determines that a warrantied, alternative, or other system application can meet the requirements of Minnesota Rules Chapter 7080 and this ordinance, then such application shall be forwarded to the City Council for consideration, along with the recommendation of the City Engineer as to whether or not approval should be granted. If a warrantied, alternative, or other system is approved by the Council, then a "non-standard system approval" in a form recommended by the City Attorney and approved by the City Council, shall be signed by the City and the applicant and recorded against the subject property. E. No Right to Approval. Nothing in this subdivision shall be construed to guarantee or create in any applicant a right to approval of a warrantied, alternative, or other system. The City of Otsego reserves the right to deny all requests for approval of warrantied, alternative, or other systems and to prohibit 4-13 their construction, regardless of whether such systems meet the requirements of Minnesota Rules Chapter 7080 or this ordinance. F. Variances. Any variances from the standards set forth in Minnesota Rules Chapter 7080 must be granted by the Commission as provided in Minnesota Rules part 7080.0030, subpart 3. (Ord. 00-09, June 12, 2000) 4-3-10: RECORD KEEPING: A. Required Records. The City Clerk shall keep and maintain records of all permit applications, permits issued, inspection data, notices of non-compliance, certificates of compliance, orders, enforcement proceedings and all other documents generated in the administration and enforcement of this ordinance. The storage, maintenance and dissemination of such records shall occur as prescribed by Minnesota Statutes Chapter 13, the Minnesota Government Data Practices Act. B. Reports and Filings. The Clerk shall prepare an annual report, as required by Minnesota Rules 7080.310, subpart 5, for submission to the Commissioner demonstrating enforcement of this ordinance. The annual report shall contain information for the calendar year and shall be submitted to the Commissioner no later than March 1St of the following year. At a minimum, the annual report shall contain the following information: 1. A copy of the standard permit and inspection forms used by the City. 2. The name and address of the program administrator. 3. A listing of all qualified employees and contracted licensees authorized by the City to perform ISTS inspections and evaluations as required by this ordinance. 4. The number of ISTS permits issued. 5. The number and methods of inspections conducted. 6. The number and type of variance issued. 7. The number and type of alternative or experimental systems approved, as well as the monitoring results of each. 4-3-11: ENFORCEMENT: 4-14 A. Violations. Any person who violates any of the provisions of this ordinance, fails to obtain any required permits, or who makes any false statement on a permit application or certificate of compliance, shall be guilty of a misdemeanor. Any offense committed under this ordinance shall be punishable by up to the maximum imprisonment and/or a fine allowed by law for a misdemeanor offense. B. Remedies. In the event of a violation of this ordinance, in addition to any other remedies available to the City, the City Attorney may institute appropriate civil and/or criminal actions or proceedings, including seeking an injunction, to prevent, restrain, correct or abate such ordinance violations. In addition, the City may issue stop work orders and repair orders at such times and upon such terms and conditions as are necessary to prevent violations of this ordinance from occurring or to eliminate existing ordinance violations. (Ord. 00-09, June 12, 2000) 4-3-12: CONNECTION TO MUNICIPAL SEWER: A. Connection to Municipal Sewer; When Required. When municipal sanitary sewer is available, a property is served by an ISTS shall be required to discontinue such use and connect to municipal sewer upon the first occurrence of any of the following events: 1. Upon application for an ISTS permit. 2. When a notice of non-compliance is issued in relation to the ISTS serving the property. 3. Upon the expiration of a certificate of compliance.. 4 Nothing in this section shall be construed as limiting the City's ability to specially assess, levy a sewer access charge (SAC) or otherwise bill properties served by an ISTS for the availability of municipal sanitary sewer and the public improvements associated therewith. B. Cause for Denial; Condition of Approval. The future availability of municipal sewer, in the City's sole discretion, may be cause for denial of an ISTS permit. The issuance of an ISTS permit may be conditioned upon the applicant connecting to municipal sewer when it becomes available. Connection to municipal sewer when available may be an explicit condition contained in and imposed on any ISTS permit prior to its approval. (Ord. 00-09, June 12, 2000) 4-3-13: REPEALER: Ordinance No. 99-4, Ordinance No. 92-27, Ordinance No. 91-24 of the City of Otsego related to individual sewage treatment systems are hereby specifically repealed in their entirety. (Ord. 00-09, June 12, 2000) 4-15 4-3-14: SEVERABILITY: Should any subdivision, section, paragraph, provision, sentence or lesser portion of this ordnance be found invalid by a court of competent jurisdiction, then such invalid portion shall be severed from this ordinance and all remaining subdivisions, sections, paragraphs, provisions, and sentences contained in this ordinance shall remain in full force and effect. (Ord. 00-09, June 12, 2000) :ML CHAPTER 5 PUBLIC SAFETY Paqe Section 1 Animals................................................................... 5-2 Section 2 Firearms and Hunting Regulations ................................ 5-19 Section 3 Juvenile Curfew........................................................ 5-21 Section 4 Open Burning........................................................... 5-24 Section 5 Address Display........................................................ 5-27 Section 6 Emergency Alarm Systems .......................................... 5-28 Section 7 Property Maintenance ................................................. 5-29 Section 8 Public Nuisances........................................................ 5-33 5-1 SECTION 1 ANIMALS Section 5-1-1 Repealer 5-1-2 Definitions 5-1-3 Dogs and Cats 5-1-4 Non -Domestic Animals Prohibited 5-1-5 Farm Animals 5-1-6 Impounding 5-1-7 Dog Kennels and Cat Shelters 5-1-8 Nuisances: Animals 5-1-9 Seizure of Animals 5-1-10 Animals Presenting a Danger to Health and Safety of City 5-1-11 Diseased Animals 5-1-12 Dangerous Animals 5-1-13 Dangerous Animal Requirements 5-1-14 Basic Care 5-1-15 Breeding Moratorium 5-1-16 Enforcing Officer 5-1-17 Pound 5-1-18 Interference with Officers 5-1-19 Violation and Penalties 5-1-1: REPEALER: Otsego Ordinance No. 8 related to Dogs is hereby repealed in its entirety. (Ord. 2004-01, February 23, 2004) 5-1-2: DEFINITIONS: As used in this Section, unless the context otherwise indicates, the following words shall be defined to mean: A. Animal. "Animal" shall mean any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other members commonly accepted as part of the animal kingdom. Animals shall be classified as follows: 1, Domestic. "Domestic animals' shall mean those animals commonly accepted as domestic household pets. Unless otherwise defined, such animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non-poisonous, non -venomous and non - constricting reptiles or amphibians, and other similar animals. 2. Non -Domestic. "Non- Domestic animals' shall mean those animals commonly considered to be naturally and not usually trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety and welfare of people. Unless otherwise defined, such animals shall include: a. Any member of the large cat family (family felidea) including lions, tigers, cougars, bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats. b. Any naturally wild member of the canine family (family canidae) including wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs. C. Any crossbreeds such as the crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as a domesticated house pet. d. Any member or relative of the rodent family including any skunk (whether or not de -scented), raccoon, or squirrel , but excluding those members otherwise defined or commonly accepted as domesticated pets. e. Any poisonous, venomous, constricting , or inherently dangerous member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators. f. Any other animal which is not explicitly listed above but which can be reasonably defined by the terms of this subpart, including but not limited to bears, deer, monkeys and game fish, unless explicitly allowed under State law. B. Farm. "farm animals" shall mean those animals commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, such animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (including Vietnamese pot-bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable. C. Cat. "Cat" shall be intended to mean both the male and female of the felidae species, commonly accepted as household pets. D. Dog. "Dog" shall be intended to mean both the male and female of the canine species, commonly accepted as domesticated household pets, and other domesticated animals of a dog kind. E. Owner. "Owner" shall be intended to mean any person or persons; firm, company, corporation, association or other entity owning, keeping, or harboring an animal. 5-3 F. Animals at Large. "At Large" shall be intended to mean off the premises (i.e. legal description of record) of the owner and not under the custody and control of the owner or other person, either by leash, cord, chain, or otherwise restrained or confined. G. Animal Release Permit. "Release Permit" shall mean a permit issued by the Animal Warden for the release of any animal confined. A Release Permit may be obtained upon payment of a fee as established by Council resolution, payment of the license fee for the animal if unlicensed, as well as payment of all costs incurred by the City in capturing, impounding and harboring the animal. The release fee shall be established from time to time by resolution of the City Council. (Ord. 2004-01, February 23, 2004) 5-1-3: DOGS AND CATS: A. Running at Large Prohibited. It shall be unlawful for the dog or cat of any person who owns, harbors, or keeps a dog or cat, or the parents or guardians of any such person under eighteen (18) years of age, to run at large. Dogs or cats on a leash and accompanied by and under the control and direction of a responsible person so as to be effectively restrained by command as by leash, shall be permitted in streets or on public land unless the City has posted an area with signs reading "Dogs or Cats Prohibited". B. License Required. 1, All dogs over the age of six (6) months kept, harbored or maintained by their owners within the City, shall be licensed and registered with the City. Dog licenses shall be issued by the City Clerk upon payment of the license fee. The Owner shall state at the time of application is made for the license and upon forms provided for such purpose; his or her name and address and the name, breed, color and sex of each dog owned or kept by him or her. No license shall be granted for a dog which has not been vaccinated against rabies, as provided in this Section. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated. A veterinarian who vaccinates a dog to be licensed in the City shall complete a certificate of vaccination. One copy shall be issued to the dog owner for affixing to the license application. 2. It shall be the duty of each owner of a dog subject to this Section to pay to the Clerk -Treasurer the license fee as imposed by resolution of the City Council. 5-4 3. Upon payment of the license fee, the City Clerk shall issue to the owner a license certificate and metallic tag for each dog licensed. The tag shall have stamped on it the number corresponding with the number on the certificate. Every owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. In case a dog tag is lost or destroyed, upon application and payment of the required fee a duplicate shall be issued by the City Clerk. Dog tags shall not be transferable from one dog to another and no refunds shall be made on any dog license or tag because of death of a dog or other reason. 4. The licensing provisions of this Section 5-1-3.13 shall not apply to dogs whose owners are non-residents temporarily within the City, nor to dogs brought into the City for the purpose of participating in any dog show, nor shall this provision apply to "seeing eye" dogs or helper dogs properly trained to assist disabled individuals. 5. The funds received by the City Clerk from all dog licenses, and metallic tag fees shall be first used to defray costs incidental to the enforcement of this Section. C. Cats. Cats shall be included as within the controls established within this sub- section of this Section in so far as running -at -large, pickup, impounding, boarding, licensing and proof of anti -rabies vaccine is concerned. All other provisions of this Section shall also apply to cats unless otherwise indicated. D. Vaccination. 1. All dogs and cats kept harbored, maintained, or transported within the City shall be vaccinated at least once every three (3) years by a licensed veterinarian for rabies (with a live modified vaccine). 2. A certificate of vaccination must be kept on which is stated the date of vaccination, owner's name and address, the animal's name (if applicable), sex, description and weight, the type of vaccine, and the veterinarian's signature. Upon demand made by the City Clerk or sheriff's deputy, the owner shall present for examination the required certificates of vaccination for the animals. In cases where certificates are not presented, the owner or keeper of the animals shall have seven days in which to present the certificates to the City Clerk or other designee or sheriff's deputy. Failure to do so shall be deemed to be a violation of this Ordinance. 5-1-4: NON-DOMESTIC ANIMALS PROHIBITED: It shall be illegal for any person to own, possess, harbor, or offer for sale, any non-domestic animal within the City limits. Any owner of such an animal at the defective date of adoption of this 5-5 Ordinance shall have thirty days from that date in which to remove the animal from the City after which time the City may impound as provide for in this Ordinance. An exception shall be made to this prohibition for animals specifically trained for and actually providing assistance to the handicapped or disabled, and for those animals brought into the City as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition. (Ord. 2004-01, February 23, 2004) 5-1-5: FARM ANIMALS: Farm animals shall only be kept in agricultural districts of the City or other districts as allowed in the City Zoning Ordinance and pursuant to restrictions set forth in the Zoning Ordinance. An exception shall be made to this sub- section for those farm animals brought into the City as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition. (Ord. 2004-01, February 23, 2004) 5-1-6: IMPOUNDING: A. Running at Large. Any unlicensed animal running at large is hereby declared a public nuisance. Any sheriff's deputy or authorized police officer may impound any dog or other animal found unlicensed or any animal found running at large and shall give notice of the impounding to the owner of such dog or other animal, if known. In case the owner is unknown, the officer shall post notice at the City Hall that if the dog or other animal is not claimed within the time period set forth in this Section, it will be sold or otherwise disposed of. Except as otherwise provided in this Section it shall be unlawful to kill, destroy, or otherwise cause injury to any animal, including dogs and cats, running at large. B. Biting Animals. Any animal that has not been inoculated by a live modified rabies vaccine and which has bitten any person, wherein the skin has been punctured or the services of a doctor are required, shall be confined in the City pound for a period of not less than ten days, at the expense of the owner. The animal may be released at the end of such time if healthy and free from symptoms of rabies, and by payment of all costs by the owner. However, if the owner of animal shall elect immediately upon receipt of notice of need for such confinement by the officer to voluntarily and immediately confine the animal for the required period of time in a veterinary hospital of the owner's choosing, not outside of Wright County, and provide immediate proof of such confinement in such a manner as may be required, the owner may do so. If, however, the animal has been inoculated with a live modified rabies vaccine and the owner has proof of the vaccination by a certificate from a licensed veterinarian, the owner may confine the dog or other animal to the owner's property. C. Reclaiming Animals. All animals conveyed to the City pound shall be kept, with humane treatment and sufficient food and water for their comfort, at least five regular business days or any time period specifically set forth in this Ordinance. 5-6 Any licensed or implanted animal shall be kept for at least fourteen (14) days. In case the owner or keeper shall desire to reclaim the animal from the pound, the following shall be required, unless otherwise provided for in this ordinance, or established from time to time by resolution of the City Council: 1. Payment of a $25.00 release fee and receipt of a release permit from the City or designee. 2. Payment of any and all maintenance cost for the animal, per day or any part of a day while the animal is in said pound; and 3. If a dog is unlicensed, payment of a regular license fee and valid certificate of vaccination for rabies is required. D. Unclaimed Animals. At the expiration of the times established in Section 5-1- 6.C, if the animal has not been reclaimed in accordance with the provisions of this Section, the City's designee may let any person claim the animal by complying with all provisions of this Section, or cause the animal to be destroyed in a proper and humane manner and shall properly dispose of the remains. (Ord. 2004-01, February 23, 2004) 5-1-7: DOG KENNELS AND CAT SHELTERS: A. Definition of Kennel and Cat Shelter. The keeping of three or more dogs and/or cats over six (6) months of age on the same premises, whether owned by the same person or not and for whatever purpose kept, shall constitute a "dog kennel" or a "cat shelter". B. Dog Kennel and Cat Shelter as Nuisance. Because the keeping of three or more cats or dogs on the same premises is subject to great abuse, causing discomfort to people in the area by way of smell, noise, hazard and general aesthetic depreciation, the keeping of three or more cats and/or dogs on the premises without obtaining a kennel license pursuant to applicable ordinances and the City Zoning Ordinance is hereby declared to be a nuisance and no person shall keep or maintain a dog kennel or cat shelter within the City without proper City authorization. (Ord. 2004-01, February 23, 2004) 5-1-8: NUISANCES: ANIMALS: A. Habitual Barking. It shall be unlawful for any person to keep or harbor a dog which habitually barks or cries. Habitual barking shall be defined as barking or crying for repeated intervals of at least three minutes with less than one minute of interruption. Such barking or crying must also be audible off of the Owner's or caretaker's premises. Repeated barking due to intentional provocation by an 5-7 unrelated individual residing off the property of the Owner is not considered habitual barking for purposes of this ordinance, nor is barking related to a periodic external stimulus such as a non domestic animal, machinery or unusual activity within the vicinity of the premises. B. Damage to Property. It shall be unlawful for any person's dog or other animal to substantially damage any lawn, garden or other property (including animals), whether or not the owner has knowledge of the damage. Any animal causing damage to property may be impounded as provided in this section, or a complaint may be issued by any party aggrieved by an animal under this Section, against the Owner of the animal for prosecution under this Section. C. Cleaning up Litter. The Owner of any animal or person having the custody or the control of any animal shall be responsible for cleaning up any feces of the animal and disposing of such feces in a sanitary manner whether on their own property, on the property of others or on public property. D. Other. Any animals kept contrary to this Section are subject to impoundment. (Ord. 2004-01, February 23, 2004) 5-1-9: SEIZURE OF ANIMALS: Any sheriff's deputy, animal control officer or City designee may enter upon private property and seize any offending animal provided that any of the following exist: A. There is an identified complainant other than the deputy, officer or designee making a contemporaneous complaint about the animal; B. The deputy, officer or designee reasonably believes that the animal meets the criteria for a barking dog, cruelty, or for an animal at large as set forth in this ordinance; C. The deputy, officer or designee can demonstrate that there has been at least one previous complaint of a barking dog, inhumane treatment of an animal, or that the animal was at large at this address on a prior date; D. The deputy, officer or designee has made a reasonable attempt to contact the owner of the property and those attempts have either failed or have been ignored; E. The seizure will not involve the forced entry into a private residence. Use of a pass key obtained from a property manager, landlord, innkeeper, or other person authorized to have such key shall not be considered unauthorized entry; F. Written notice of the seizure is left in a conspicuous place if personal contact with the Owner of the dog is not possible. (Ord. 2004-01, February 23, 2004) 5-8 5-1-10: ANIMALS PRESENTING A DANGER TO HEALTH AND SAFETY OF CITY: If in the reasonable belief of a deputy, officer or designee, an animal presents an immediate danger to the health and safety of any person including a deputy, officer or designee, or the animal is threatening imminent harm to any person, or the animal is in the process of attacking any person, the officer may destroy the animal in a proper and humane manner. Otherwise, the deputy, officer or designee may apprehend the animal and deliver it to the pound for confinement. If the animal is later determined to be no longer a danger to the health, safety and welfare of the City, it may be released to its owner. (Ord. 2004-01, February 23, 2004) 5-1-11: DISEASED ANIMALS: A. Running at Large. No person shall keep or allow to be kept on his or her premises, or on premises occupied by them, nor permit to run at large in the City, any animal which is diseased so as to be a danger to the health and safety of the City, even though the animal be properly licensed under this Section. B. Confinement. Any animal reasonably suspected of being diseased and presenting a threat to the health and safety of the public, may be apprehended and confined in the pound by any deputy, officer or designee. The deputy, officer or designee shall have a qualified veterinarian examine the animal. If the animal is found to be diseased in such a manner so as to be a danger to the health and safety of the City, the deputy, officer or designee shall cause such animal to be painlessly killed and shall properly dispose of the remains. The Owner or keeper of the animal killed under this Section shall be liable for all costs related to the apprehension, maintenance and disposal of the animal, plus the costs of any veterinarian examinations. C. Release. If the animal, upon examination, is not found to be diseased within the meaning of this Section, the animal shall be released to the Owner or keeper free of charge. (Ord. 2004-01, February 23, 2004) 5-1-12: DANGEROUS ANIMALS: A. Attack by an Animal. It shall be unlawful for any person's animal to inflict or attempt to inflict bodily injury to any person or other animal whether or not the Owner is present. This section shall not apply to an attack by a dog under the control of an on -duty law enforcement officer or to an attack upon an uninvited intruder who has entered the Owner's home with criminal intent. 5-9 B. Destruction of Dangerous Animal. A deputy, officer, or designee shall have the authority to order the destruction of dangerous animals in accordance with the terms established by this Section. C. Definitions. 1. A dangerous animal is an animal which has: a. Without provocation inflicts substantial bodily harm on a human being on public or private property; or b. Killed a domestic animal without provocation while off the Owner's property; or C. Been found to be potentially dangerous and after the Owner has notice that the animal is potentially dangerous, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals. 2. A potentially dangerous animal is an animal which has: a. When unprovoked, inflicts bites on a human or a domestic animal on public or private property; or b. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the animal Owner's property, in an apparent attitude of attack; or C. Has a known propensity, tendency or disposition to attack unprovoked causing injury or otherwise threatening the safety of humans or domestic animals. 3. Proper enclosure. Proper enclosure means securely confined indoors or in a securely locked pen or structure suitable to prevent the animal from escaping and to provide protection for the animal from the elements. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only barriers which prevent the animal from exiting. The enclosure shall not allow the egress of the animal in any manner without human assistance. A pen or kennel shall meet the following minimum specifications: a. Have a minimum overall floor size of thirty-two (32) square feet. 5-10 b. Sidewalls shall have a minimum height of five (5) feet and be constructed of 11 -gauge or heavier wire. Openings in the wire shall not exceed two (2) inches, support posts shall be one -and -one- quarter -inch or larger steel pipe buried in the ground eighteen (18) inches or more. The floor of the enclosure must be concrete, concrete block or asphalt. In the case of a dangerous dog the concrete, concrete block or asphalt must be at least four (4) inches thick. C. A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than two (2) inches. d. An entrance/exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openings in the wire greater than two (2) inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. e. A kennel or enclosure shall be subject to inspection for compliance with this sub -section at least once yearly, and the -owner shall pay any inspection fee at the rate then in effect for said inspections. 4. Unprovoked. Unprovoked shall mean the condition in which the animal is not purposely excited, stimulated, agitated or disturbed. D. Designation as Potentially Dangerous Animal. The deputy, officer, or designee shall designate any animal as a potentially dangerous animal upon receiving such evidence that such potentially dangerous animal has, when unprovoked, then bitten, attacked, or threatened the safety of a person or a domestic animal as stated in Section 5-1-12.C.2. When an animal is declared potentially dangerous, the deputy, officer, or designee shall cause one (1) Owner of the potentially dangerous animal to be notified in writing that such animal is potentially dangerous. E. Evidence Justifying Designation. The deputy, officer, or designee shall have the authority to designate any animal as a dangerous animal upon receiving evidence of the following: 1. That the animal has, when unprovoked, bitten, attacked, or threatened the safety of a person or domestic animal as stated in Section 5-1-12.C.1. 2. That the animal has been declared potentially dangerous and such animal has then bitten, attacked, or threatened the safety of a person or domestic animal as stated in Section 5-1-12.0.2. 5-11 F. Authority to Order Destruction. The deputy, officer, or designee, upon finding that an animal is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the animal be destroyed based on a written order containing one (1) or more of the following findings of fact: 1. The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without warning or multiple attacks; or 2. The Owner of the animal has demonstrated an inability or unwillingness to control the animal in order to prevent injury to persons or other animals. G. Procedure. The deputy, officer, or designee, after having determined that an animal is dangerous, may proceed in the following manner: 1. The deputy, officer, or designee shall cause one (1) Owner of the animal to be notified in writing or in person that the animal is dangerous and may order the animal seized or make such orders as deemed proper. This Owner shall be notified as to dates, times, places and parties bitten, and shall be given fourteen (14) days to appeal this order by requesting a hearing before the City Council for a review of this determination. a. If no appeal is filed, the orders issued will stand or the deputy, officer, or designee may order the animal destroyed. b. If an Owner requests a hearing for determination as to the dangerous nature of the animal, the hearing shall be held before the City Council, which shall set a date for hearing not more than three (3) weeks after demand for the hearing. The records of the deputy, officer, or designee or city clerk's office shall be admissible for consideration by the deputy, officer, or designee without further foundation. After considering all evidence pertaining to the temperament of the animal, the City Council shall make an order as it deems proper. The City Council may order that the deputy, officer, or designee take the animal into custody for destruction, if such animal is not currently in custody. If the animal is ordered into custody for destruction, the owner shall immediately make the animal available to a City designee. C. No person shall harbor an animal after it has been found by to be dangerous and ordered into custody for destruction. H. Stopping an Attack. If any deputy, officer, or designee is witness to an attack by an animal upon a person or another domestic or farm animal, the deputy, officer, or designee may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to the victim. 5-12 Notification of New Address. The Owner of an animal which has been identified as dangerous or potentially dangerous must notify the deputy, officer, or designee in writing if the animal is to be relocated from its current address or given or sold to another person. The notification must be given in writing at least fourteen (14) days prior to the relocation or transfer of ownership. The notification must include the current Owner's name and address, the relocation address, and the name of the new Owner, if any. J. City's Option to Use Alternative Enforcement. The City may, at its option, enforce the above Section through alternative means including enforcement of relevant State statutes by the City or County. (Ord. 2004-01, February 23, 2004) 5-1-13: DANGEROUS ANIMAL REQUIREMENTS: A. Requirements. If the City Council does not order the destruction of an animal that has been declared dangerous, the City Council may, as an alternative, order any or all of the following: 1. That the Owner provide and maintain a proper enclosure for the dangerous animal as specified in Section 5-1-12.C.3, 2. Post the front and the rear of the premises with clearly visible warning signs, including a warning symbol to inform children, that there is a dangerous animal on the property as specified in Minnesota Statute 347.51; 3. Provide and show proof annually of public liability insurance or surety bond in the amount of at least fifty thousand dollars ($50,000.00); 4. If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash (not to exceed six (6) feet in length) and under the physical restraint of a person sixteen (16) years of age or older. The muzzle must be of such design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration; 5. If the animal is a dog, it must have an easily identifiable, standardized tag identifying the dog as dangerous affixed to its collar at all times as specified in Minnesota Statute 347.51; 6. All animals deemed dangerous by the deputy, officer, or designee shall be registered with the County in which this City is located within fourteen (14) days after the date the animal was so deemed and provide satisfactory proof thereof to the deputy, officer, or designee. 5-13 7. If the animal is a dog, the dog must be licensed and up to date on rabies vaccination. If the animal is a cat or ferret, it must be up to date with rabies vaccination. 8. Comply with any and all additional conditions applying to dangerous dogs as set forth in Minnesota Statutes Section 347.51, and as amended. 13. Seizure. A deputy, officer, or designee shall immediately seize any dangerous animal if the owner does not meet each of the above requirements within fourteen (14) days after the date notice is sent to the owner that the animal is dangerous. Seizure may be appealed to district court by serving a summons and petition upon the city and filing it with the district court. C. Reclaiming Animals. A dangerous animal seized under Section 5-1-13.13, may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, applicable release permit fees, and presenting proof to animal control that each of the requirements under Section 5-1-13.A is fulfilled. An animal not reclaimed under this section within fourteen (14) days may be disposed of as provided under Section 5-1-12.F, and the owner is liable to animal control for costs incurred in confining the animal. D. Subsequent Offenses. If an owner of an animal has subsequently violated the provisions under Section 5-1-12 with the same animal, the animal must be seized by a deputy, officer, or designee. The owner may request a hearing as defined in Section 5-1-12.G. If the owner is found to have violated the provisions for which the animal was seized, the deputy, officer, or designee shall order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining the animal. If the person is found not to have violated the provisions for which the animal was seized, the owner may reclaim the animal under the provisions of Section 5-1-13.C. If the animal is not yet reclaimed by the owner within fourteen (14) days after the date the owner is notified that the animal may be reclaimed, the animal may be disposed of as provided under Section 5-1-12.F and the owner is liable to the animal control for the costs incurred in confining, impounding and disposing of the animal. (Ord. 2004-01, February 23, 2004) 5-1-14: BASIC CARE: All animals shall receive from their Owners or keepers kind treatment, housing in the winter, and sufficient food and water for their comfort. Any person not treating their pet in such a humane manner will be subject to the penalties provided in this Section. (Ord. 2004-01, February 23, 2004) 5-1-15: BREEDING MORATORIUM: Every female dog or female cat in heat shall be confined in a building or other enclosure in such manner that it cannot come in contact with another dog or cat except for planned breeding. Upon capture and failure to 5-14 reclaim the animal, every dog or cat shall be neutered or spayed prior to being transferred to a new Owner. (Ord. 2004-01, February 23, 2004) 5-1-16: ENFORCING OFFICER: The City Council is hereby authorized to appoint an officer or designee to enforce the provisions of this Section. The officer may be a deputy sheriff. In the officer's duty of enforcing the provisions of this Section, he or she may from time to time, with the consent of the City Council, designate assistants. (Ord. 2004-01, February 23, 2004) 5-1-17: POUND: From time to time the City Council shall designate an official pound to which animals found in violation of this Chapter shall be taken for safe treatment, and if necessary, for destruction. (Ord. 2004-01, February 23, 2004) 5-1-18: INTERFERENCE WITH OFFICERS: No person shall in any manner molest, hinder, or interfere with any person authorized by the City Council to capture dogs, cats or other animals and convey them to the pound while engaged in such operation. Nor shall any unauthorized person break open the pound, or attempt to do so, or take or attempt to take from any agent any animal taken up by him or her in compliance with this Section, or in any other manner to interfere with or hinder such officer in the discharge of his or her duties under this Section. (Ord. 2004-01, February 23, 2004) 5-1-19: VIOLATIONS AND PENALTIES: A. Separate Offenses. Each day a violation of this Section is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this Section. B. Misdemeanor. Unless otherwise provided, violation of this Section shall constitute a misdemeanor punishable by a fine of up to $1,000 or imprisonment for up to ninety (90) days. C. Petty Misdemeanor. Violations of Sections 5-1-3. 5-1-8-A, and 5-1-8.0 are petty misdemeanors punishable by a fine of up to $300 per violation. In the event that an owner commits three of the same or similar petty misdemeanor violations within a period of one year, the third violation shall be considered a misdemeanor. (Ord. 2004-01, February 23, 2004) 5-15 SECTION 2 FIREARM AND HUNTING REGULATIONS Section 5-2-1 Discharge and Carrying Firearms Regulated 5-2-2 Definitions 5-2-3 Permitted Use of Firearms Within the No Discharge Zone 5-2-4 Permitted Use of Firearms Outside the No Discharge Zone 5-2-5 Prohibitions 5-2-6 Dangerous Weapons 5-2-7 Designated No Discharge Zone 5-2-8 Penalties 5-2-1: DISCHARGE AND CARRYING FIREARMS REGULATED: (Ord. 95-21, July 24, 1995) 5-2-2: DEFINITIONS: Carry: The handling or transportation of a firearm concealed or otherwise outside a person's domicile. Dangerous Weapons: Slingshot, clubs, blackjacks, spring guns, brass or metal knuckles or any knife with a switch blade which opens automatically under spring pressure with a button or release mechanism or by any other mechanical contrivance. Discharge: The firing or shooting of any firearm. Dismantled Firearm: Any unloaded firearm or bow which is dismantled in such a manner so as to prevent discharge. Encased Firearm: Any unloaded firearm or bow, placed in a case which is tied or otherwise secured in the manner provided. Fine Shot: Shot sizes F through No. 12 inclusive. Firearm: Any device from which may be fired or ejected, one (1) or more solid projectiles by means of a cartridge or shell or by the action of an explosive substance; or for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas or vapor. Landowner: Any person, group, firm or corporation owning, leasing or legally controlling any lands within the territorial limits of the City. 5-16 Single Projectile: Any single projectile, whether contained in a metallic, paper, plastic or other cartridge including any method of loading a muzzle loader which results in a single projectile being discharged. Suitable Backstop: Any natural or manmade barrier of sufficient mass, size, or construction to wholly contain the projectile being discharged. Written Permission: The following information must be included: The full name, address, date of birth, and signature of the person authorized to hunt or discharge a firearm; the full name, address, and signature of the landowner. (Ord. 95-21, July 24, 1995) 5-2-3: PERMITTED USE OF FIREARMS WITHIN THE NO DISCHARGE ZONE: The discharge or carrying of firearms that are not encased or dismantled is permitted under the following circumstances so long as no innocent party is endangered unless otherwise prohibited by State or Federal law. A. By law enforcement officers in the line of duty or military personnel in the line of duty or persons with a lawfully issued and currently valid "permit to carry a pistol" as defined by Minnesota Statute 624.714. B. By any person to resist or prevent an offense which that person reasonably believes exposes himself or another to great bodily harm or death. C. By a certified firearms safety training instructor while participating in a Department of Natural Resources approved firearms safety program. D. By any person while participating in a Department of Natural Resources approved firearm safety program. E. By any person authorized to do so in writing by the Wright County Sheriff for the destruction of diseased, injured or dangerous birds, animals and reptiles. F. By any person on a rifle, trap, archery or target range established in accordance with the City's Zoning Ordinance or as part of a City -sponsored activity. G. By any person possessing, transporting or carrying handguns as specifically allowed by State law. H. By any person slaughtering farm animals which they own or with the permission of the owner. 1. By any person target practicing with a bow and arrow with target tips only, BB or pellet gun with parental supervision under the age of eighteen (18), against a suitable backstop, at least two hundred (200) feet from all buildings, unless the 5-17 buildings are owned by them or unless they have the owner's permission carried on their person. Bow and arrow target practice may also take place within the confines of a building if a suitable backstop is used. J. By any person participating in a special hunting season, which season may not conflict with State law or regulations, established the City Council for the purpose of wildlife management. The season shall be established by the City Council when, based upon competent professional advice such as a conservation office, a season is needed to reduce an animal population. The Council may authorize the use of single projectiles as part of the special hunt regulations set forth in the resolution. (Ord. 95-21, July 24, 1995) K. By any person engaged in a City approved event reenacting an historic military engagement, or engaged in a periodic ceremony such as a funeral or Memorial Day observances where firearms have traditionally been discharged, provided that only blank cartridges or shells are used which make noise similar to the discharge of a firearm without the firing or ejection of solid projectiles. In the case of a historical military reenactment, the owner of the property upon which the reenactment is to occur shall notify both the City and the Wright County Sheriff of the date, time and duration of the planned reenactment at least two (2) weeks prior to the proposed event. The City ma approved or disapprove the planned event at its sole discretion, or may require the owner to comply with certain provisions as conditions of approval. (Ord. 00-13, June 26, 2000) 5-2-4: PERMITTED USE OF FIREARMS OUTSIDE THE DESIGNATED NO DISCHARGE ZONE: In addition to the conditions set forth in Section 5-2-3, the discharge or carrying of firearms is permitted under the following circumstances so long as no innocent party is endangered unless otherwise prohibited by State or Federal law. A. By any person using projectiles for target practice provided that the projectiles are stopped by a suitable backstop and provided further that the discharge occurs at least five hundred (500) feet from all buildings, unless owned by them or with the owner's written permission carried on their person. B. By any person hunting with a single projectile in accordance with State and Federal regulations and provided further that the discharge occurs at least five hundred (500) feet from all buildings, unless owned by them or with the owner's written permission carried on their person. C. By any person hunting or target shooting with a shotgun using fine shot at least five (500) feet from all buildings, unless owned by them or with the owner's written permission carried on their person. 5-18 5-2-5: PROHIBITIONS: Except as specifically allowed in Section 5-2-3 and 5-2- 4 of this Code: A. The discharge of a firearm is prohibited. B. Hunting using a firearm with a single projectile or with a BB gun is prohibited. C. Carrying or discharge of a firearm by any person under the age of fourteen (14) is prohibited except when accompanied by parent, adult guardian, or certified safety training instructor. D. The aiming of any firearm, whether loaded or not, at or towards any human being is hereby prohibited. E. The carrying of an uncased firearm in a motor vehicle, in a place or area open to the public, or in any private place or area unless that private place or area is owned by the person carrying the firearm or with the owner's permission is prohibited. F. No person shall discharge a firearm while traveling on or using a wild, scenic, or recreational river, except for the purpose of hunting during those times and in those areas in which hunting for protected animals is allowed. (Ord. 95-21, July 24, 1995) 5-2-6: DANGEROUS WEAPONS: A. Weapons Prohibited. No minor under the age of eighteen (18) shall wear under his clothes, conceal about his person, or within a motor vehicle, display in a threatening manner, or sell, offer for sale or carry or use any dangerous weapon. B. Exceptions. The prohibition of this section shall not be construed to forbid any law enforcement officer from carrying or using dangerous weapons in the proper discharge of his or her duties. (Ord. 95-21, July 24, 1995) 5-2-7: DESIGNATED NO DISCHARGE ZONE: A. The City Council shall cause to be published a map designating the areas within the City where no discharge is allowed. Updates to this map shall be published no later than October 1St or the prior map approved by the City Council shall remain in full force and effect. Discharge in areas not designated on the map for discharge is prohibited. (Ord. 03-_, August 25, 2003) 5-19 B. Any person who violates provisions of this ordinance upon conviction shall be deemed guilty of a misdemeanor and shall be punished in accordance with the provision for misdemeanor penalty under State law as amended, plus costs of prosecution, for each offense. (Ord. 95-21, July 24, 1995) 5-20 SECTION 3 JUVENILE CURFEW Section.- 5-3-1 ection: 5-3-1 Definitions 5-3-2 Restrictions 5-3-3 Enforcement 5-3-4 Penalties 5-3-5 Severability 5-3-1: DEFINITIONS: Curfew Hours: 10:00 PM, every day of the week, until 5:00 AM of the following day. Establishment: Any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment. Guardian: A person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom a minor has been placed by a court. Minor: Any person under eighteen (18) years of age. Parent: A person who is a natural parent, adoptive parent, or step-parent of another person. Public Place: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings; transport facilities, and shops. Remain: To loiter, linger, or stay or to fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. (Ord. 96-2, March 28, 1996) 5-3-2: RESTRICTIONS: It shall be unlawful for: A. Any minor to remain in any public place or on the premises of any establishment within the City during curfew hours unless accompanied by a parent or legal guardian. B. Any parent or guardian to permit, either knowingly or by insufficient control, allow the minor to remain in any public place or on the premises of any establishment 5-21 within the City during curfew hours unless accompanied by a parent or legal guardian. C. Any owner, operator, or any employee of an establishment to knowingly allow a minor to remain upon the premises of the establishment during curfew hours unless accompanied by a parent or legal guardian. (Ord. 96-2, March 28, 1996) 5-3-3: ENFORCEMENT: Any minor apprehended while violating any of the restrictions of Section 5-3-2 of this Code shall be escorted home and placed in the custody of the minor's parent or guardian. (Ord. 96-2, March 28, 1996) 5-3-4: PENALTIES: A. A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. B. Any minor who is convicted of a violation of this ordinance after the case has been referred for prosecution in the trial court under Minnesota Statutes 260.15, and any adult person having the care and custody of such minor, is: 1. Minors. Guilty of a petty misdemeanor and shall be punished by a fine not to exceed seventy-five dollars ($75.00) or community service time as deemed necessary by the presiding judge, plus all costs of prosecution of this ordinance for a first offense. 2. Parents. Guilty of a petty misdemeanor and shall be punished by a fine not to exceed seventy-five dollars ($75.00) or community service time as deemed necessary by the presiding, plus all costs of prosecution of this ordinance for a first offense. 3. Minors. Guilty of a petty misdemeanor and a fine not to exceed two hundred dollars ($200.00) or community service time as deemed necessary by the presiding judge, plus all costs of prosecution of this ordinance for a second offense within six (6) months of a prior conviction under this ordinance. 4. Parents. Guilty of a petty misdemeanor and a fine not to exceed two hundred dollars ($200.00) or community service time as deemed necessary by the presiding judge, plus all costs of prosecution of this ordinance for a second offense within six (6) months of a prior conviction under this ordinance. (Ord. 96-2, March 28, 1996) 5-22 5-3-5: SEVERABILITY: The terms and provisions of this ordinance are severable. If any provision of this ordinance is, for any reason, held to be invalid, such decision shall not affect the validy of the remaining portions of this ordinance. It is intended that this curfew ordinancebe held inapplicable in such cases, if any, where its application would be unconstitutional. (Ord. 96-2, March 28, 1996) 5-23 SECTION 4 OPEN BURNING Section: 5-4-1 Definitions 5-4-2 Open Burning Prohibited 5-4-3 Exceptions 5-4-4 Office of Town Fire Marshal Retained 5-4-5 Severability 5-4-6 Repealed Ordinances 5-4-7 Criminal Penalty 5-4-1: DEFINITIONS: (Ord. 6, August 15, 1988) Burning Permit: A written permit issued by the City Fire Marshal authorizing fires exempted from the general provision hereof, and setting conditions therefore. Control Equipment: Control equipment shall mean any device, approved by the Minnesota Pollution Control Agency, which has the function of controlling or abating the emission of air contaminants to the atmosphere. Open Burning: Burning any matter whereby the resultant combustion products are emitted directly to the open atmosphere without passing through any adequate control equipment. Person: Defined in Minnesota Statutes Section 116.06, Subd. 8. Recreational Fires: Wood burning fireplaces and open fires used solely for outdoor food preparation. 5-4-2: OPEN BURNING PROHIBITED: From and after the effective date of this ordinance, except as herein otherwise provided, open burning shall be prohibited within the City of Otsego. (Ord. 6, August 15, 1988) 5-4-3: EXEMPTIONS: Open burning of the types and subject to the conditions, as hereinafter stated, shall be exempt from the prohibition of Section 5-4-2 of this Ordinance. A. Recreational fires. 5-24 B. Fires under managed supervision for which a written burning permit has been first obtained from the City Fire Marshal, where necessary, but limited to the following: 1. Fires purposely set for the instruction and training of public and industrial fire fighting personnel. 2. Fires set for the elimination of a fire hazard which cannot be abated by any other practicable means. 3. Fires purposely set for forest and game management purposes. 4. The burning of trees, brush, grass and other vegetable matter in the clearing of land, the maintenance of street, road and highway right-of-way, and in accepted agricultural land management practices. 5. Any exemption hereafter adopted by the Pollution Control Agency. C. Exemption to conduct fire under this section does not excuse a person from the consequences, damages or injuries which may result there from nor does it exempt any person from regulations promulgated by the governmental unit exercising jurisdiction in matters of pollution. D. Minnesota Rules 7005.0820 are hereby adopted relating to open burning and issuance of permits. (Ord. 6, August 15, 1988) 5-4-4: OFFICE OF CITY FIRE MARSHAL RETAINED: The office of City Fire Marshal, established in Otsego Town Ordinance No. 1, is hereby retained, notwithstanding the repeal of that ordinance. The Fire Marshal and one or more Deputy Fire Marshals may be appointed by the City Council and shall serve at the pleasure of the City Council and subject to its direction and control. If a Fire Marshal or Deputies have been appointed, they shall retain their office without the need of reappointment by the City Council. The City Council may from time to time provide such compensation for services of the Fire Marshal and Deputy Fire Marshals as it shall deem appropriate. (Ord. 6, August 15, 1988) 5-4-5: SEVERABILITY: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. (Ord. 6, August 15, 1988) 5-4-6: REPEALED ORDINANCES: That all ordinances or parts of ordinances of the City of Otsego in conflict herewith are hereby repealed. (Ord. 6, August 15, 1988) 5-25 5-4-7: CRIMINAL PENALTY: Any person violating the provisions of this ordinance shall be punished as defined by State law. (Ord. 6, August 15, 1988) 5-26 SECTION 5 ADDRESS DISPLAY Section - 5 -5-1 Compliance 5-5-2 Penalties 5-5-3 Severability 5-5-1: COMPLIANCE: A. Display. All houses and principal buildings in the City of Otsego shall display those numbers assigned to them by the City of Otsego. B. Location and Size. Numbers shall be displayed on the houses or principal buildings in numerals not less than four (4) inches high and of contrasting color to the background. C. Clearly Visible. Numbers shall be clearly visible from the nearest street. D. Mail Boxes. In those cases where the principal building is obscured from the view from the street of address by accessory buildings, trees, shrubbery or other visual obstruction, the numbers shall be displayed on the mail box in numerals not less than two (2) inches high, of a light reflective material, and of contrasting color to the background. E. Posted Signs. In those cases where the principal building is obscured from the view from the street address by accessory buildings, trees, shrubbery or other visual obstruction, and the residence does not have a mail box, the numbers shall be displayed from a permanent mounting on the property, clearly visible from the street, displayed prominently in numerals not less than four (4) inches high of light reflective material of contrasting color to the background. (Ord. 91- 05, Jan. 28, 1991) 5-5-2: PENALTIES: Every person convicted of a violation of the provisions of this ordinance shall be guilty of a misdemeanor and shall be subject to those penalties contained in the State Statutes as now exists; or is later amended, plus the costs of prosecution. (Ord. 91-05, Jan. 28, 1991) 5-5-3: SEVERABILITY: Should any section, subdivision, clause or other provision of this ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part held to be invalid. (Ord. 91-05, Jan. 28, 1991) 5-27 SECTION 6 EMERGENCY ALARM SYSTEMS Section - 5 -6-1 False Alarms 5-6-2 Unpaid Service Charge 5-6-1: FALSE ALARMS: Any false alarm call to an individual or business that, in the opinion of the Fire Chief having jurisdiction over the area, was the result of a defective or malfunctioning alarm system will receive a notice outlining this policy, indicating a second false alarm call within the calendar year will subject the property owner to a one hundred dollar ($100.00) charge. The notice will also indicate that three (3) or more false alarms during the calendar year will result in the property owner being charged two hundred fifty dollars ($250.00) for each additional false alarm. (Ord. 97-1, Jan. 13, 1997) 5-6-2: UNPAID SERVICE CHARGE: Any unpaid service charge shall be placed as a special assessment against the property pursuant to Minnesota Statutes 429.101, after proper notice and hearing. (Ord. 97-1, January 13, 1997) 5-28 SECTION 7 PROPERTY MAINTENANCE Section.- 5-7-1 ection: 5-7-1 Definition 5-7-2 Snow, Ice, Dirt, and Rubbish Removal 5-7-3 Weed Elimination 5-7-4 Public Health and Safety Hazards 5-7-5 Installation and Repair of Water Service Lines 5-7-6 Repair of Sidewalks and Alleys 5-7-7 Street Sprinkling, Street Flushing, Tree Care, etc. 5-7-8 Street Lighting System 5-7-9 Personal Liability 5-7-10 Penalty 5-7-11 Separability 5-7-1: DEFINITION: The term "current service" as used in this ordinance means one or more of the following: snow, ice, or rubbish removal from sidewalks; weed elimination from street grass plots adjacent to sidewalks or from private property; removal or elimination of public health or safety hazards from private property, excluding any hazardous building included in Minnesota Statutes, Section 463.15 to 463.26; installation or repair of water service lines; street sprinkling, street flushing, light street oiling, or other dust treatment of streets, repair or sidewalks and alleys; trimming and care of trees and removal of unsound and insect -infected streets from the public streets or private property the operation of a street lighting system, the operation and maintenance of a fire protection system or pedestrian skyway system. (Ord. 91-12, July 22, 1991) 5-7-2: SNOW, ICE, DIRT, AND RUBBISH REMOVAL: A. All snow, ice, dirt, and rubbish remaining on a public sidewalk more than twelve (12) hours after its deposit thereon is a public nuisance. The owner and the occupant of any property adjacent to a public sidewalk shall use diligence to keep such walk safe for pedestrians. No such owner or occupant shall allow snow, ice, dirt, or rubbish to remain on the walk longer than twelve (12) hours after its deposit thereon. B. The authority designated by the City Council shall remove from all public sidewalks all snow, ice, dirt, and rubbish as soon as possible beginning twelve (12) hours after any such matter has been deposited thereon or after the snow has ceased to fall. He shall keep a record showing the cost of such removal adjacent to each separate lot and parcel and shall deliver such information to the City Clerk. . (Ord. 91-12, July 22, 1991) 5-29 5-7-3: WEED ELIMINATION: A. Any weeds, whether noxious as defined by law or not, growing upon any lot or parcel of land outside the traveled portion of any street or alley in the City to a greater height than twelve (12) inches or which have gone or are about to go to seed are a nuisance. The owner and the occupant shall abate or prevent such nuisance on such property and on land outside the traveled portion of the street or alley abutting on such property. B. On or before June 1 of each year and at such other times as ordered by resolution of the Council, the City Clerk shall publish once in the official newspaper a notice directing owners and occupants of property within the City to destroy all weeds declared by Section 5-7-3.A to be a nuisance and stating that if not so destroyed within ten (10) days after publication of the notice, the weeds will be destroyed by the authority designated by the City Council at the expense of the owner and if not paid, the charges for such work will be made a special assessment against the property concerned. C. If the owner or occupant or any property in the City fails to comply with the notice within ten (10) days after its publication, the authority designated by the City Council shall cut and removal such weeds. He shall keep a record showing the cost of such work attributable to each separate lot and parcel and shall deliver such information to the City Clerk. (Ord. 91-12, July 22, 1991) 5-7-4: PUBLIC HEALTH AND SAFETY HAZARDS: When the City removes or eliminates public health or safety hazards from private property under Ordinance No. 6- 2, the City's Nuisance Ordinance, the administrative officer responsible for doing the work shall keep a record of the cost of such removal or elimination against each parcel of property affected and annually deliver such information to the City Clerk. This section does not apply to hazardous buildings under the hazardous building law, Minnesota Statutes, Sections 463.15 to 463.26. (Ord. 91-12, July 22, 1991) 5-7-5: REPAIR OF SIDEWALKS AND ALLEYS: A. The owner of any property within the City abutting a public sidewalk or alley shall keep the sidewalk or alley in repair and safe for pedestrians. B. The authority designated by the City Council shall make such inspections as are necessary to determine that public sidewalks and alleys within the City are kept in repair and safe for pedestrians or vehicles. If he finds that any sidewalks or alley abutting on private property is unsafe and in need of repairs, he shall cause a notice to be served, by registered or certified mail or by personal service, upon the record owner of the property and the occupant, if the owner does not reside 5-30 within the City or cannot be found therein ordering such owner to have the sidewalk or alley repaired and made safe within fourteen (14) days and stating that if the owner fails to do so, the authority designated by the City Council will do so on behalf of the City, that the expense thereof must be paid by the owner, and that if unpaid it will be made a special assessment against the property concerned. If the sidewalk or alley is not repaired within fourteen (14) days after receipt of the notice the authority designated by the City Council shall report the facts to the Council and the Council shall by resolution order said authority to repair the sidewalk or alley and make it safe or order the work done by contract in accordance with the law. The authority designated by the City Council shall keep a record of total cost of the repair attributable to each lot or parcel or property and report such information to the City Clerk. (Ord. 91-12, July 22, 1991) 5-7-7: STREET SPRINKLING, STREET FLUSHING, TREE CARE, ETC.: A. The Council shall each year determine by resolution what streets and alleys shall be sprinkled or flushed, oiled, or given other dust treatment during the year and the kind of work to be done on each. The Council shall also determine by resolution from time to time the streets on which trees shall be trimmed and cared for, the kind of work to be done, and what unsound trees shall be removed. Before any work is done pursuant to either of these resolutions, the Clerk shall, under the Council's direction, publish notice that the Council will meet to consider such projects. Such notice shall be published in the official newspaper at least once no less than two (2) weeks prior to such meeting of the Council and shall state the date, time, and place of such meeting, the streets affected and the particular projects proposed, and the estimated cost of each project either in total or on the basis of the proposed assessment per front foot or otherwise. B. At such hearing or at any adjournment thereof, the Council shall hear property owners with reference to the scope and desirability of the proposed projects. The Council shall thereupon adopt a resolution confirming the original projects with such modifications as it considers desirable and shall provide for the doing of the work by day labor through the authority designated by the City Council or by contract. The authority designated by the City Council shall keep a record of the cost and the portion of the cost properly attributable to each lot and parcel of property abutting on the street or alley on which the work is done and shall report such information to the City Clerk. (Ord. 91-12, July 22, 1991) 5-7-8: STREET LIGHTING SYSTEM: The City Clerk shall keep a record of the cost of operation of the street lighting system for the twelve (12) months preceding 5-31 September 1 of each year and the portion of the cost properly attributable during that period to each lot and parcel of property abutting on the street or alley in which the system is located. All such costs shall be collected in the manner provided by this ordinance. (Ord. 91-12, July 22, 1991) 5-7-9: PERSONAL LIABILITY: The owner of property on which or adjacent to which a current service has been performed shall be personally liable for the cost of such service. As soon as the service has been completed and the cost determined, the City Clerk, or other designated official, shall prepare a bill and mail it to the owner and thereupon the amount shall be immediately due and payable to the office of the City Clerk. (Ord. 91-12, July 22, 1991) 5-7-10: ASSESSMENT: On or before September 1 of each year, the Clerk shall list the total unpaid charges for each type of current service against each separate lot or parcel to which they are attributable under this ordinance. After notice and hearing as provided in Minnesota Statutes, Section 429.061, the Council may then spread the charges against property benefited as a special assessment under Minnesota Statutes, Section 429.101 and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten (10), as the Council may determine in each case. (Ord. 91-12, July 22, 1991) 5-7-11: PENALTY: Any person who maintains a nuisance in violation of Section 5-7-3 and any person who interferes with a City employee or other authorized person in the performance of any current service under this ordinance is guilty of a misdemeanor, but prosecution shall be brought for such violation only on the direction of the Council. If convicted of such violation, such person shall be subject to a fine of not more than seven hundred dollars ($700.00) or imprisonment for not more than ninety (90) days, and the costs of prosecution in either case may be added. (Ord. 91-12, July 22, 1991) 5-7-12: SEPARABILITY: In case any section of this ordinance is held invalid by a court of competent jurisdiction, the invalidity shall extend only to the section affected and other sections of the ordinance shall continue in full force and effect. (Ord. 91-12, July 22, 1991) 5-32 SECTION 8 PUBLIC NUISANCES Section 5-8-1 Purpose 5-8-2 Public Nuisance Defined 5-8-3 Public Nuisance Affecting Health 5-8-4 Public Nuisance Affecting Morals and Decency 5-8-5 Public Nuisance Affecting Peace and Safety 5-8-6 Storage of Personalty 5-8-7 Adoption by Reference 5-8-8 Public Nuisance Noise Prohibited 5-8-9 Specified Noises Prohibited 5-8-10 Responsibility 5-8-11 Public Drinking 5-8-12 Enforcement 5-8-13 Abatement 5-8-14 Recovery of Cost 5-8-15 Penalty 5-8-16 Separability 5-8-1: PURPOSE: The purpose of this ordinance is to protect the general, health, safety and welfare of the citizens of the City of Otsego by prohibiting the occurrence and maintenance of public nuisances and eliminating junk and blight within the City. The ordinance allows for the abatement of public nuisances and provides penalties for and remedies against those causing or maintaining a public nuisance. (Ord. 00-16, Oct. 9, 2000) 5-8-1: PUBLIC NUISANCE DEFINED: A public nuisance is a thing, act or use of property which: A. Maintains or permits a condition which unreasonably annoys, injures, or endangers the safety, health, morals, comfort, or repose of any considerable numbers of the public; or B. Interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way, or waters used by the public; or C. Any other act or omission declared by law or this chapter to be a public nuisance. (Ord. 91-23, Nov. 25, 1991) 5-33 5-8-2: PUBLIC NUISANCE AFFECTING HEALTH: The following are hereby declared to be nuisances affecting health: A. Exposed accumulation of decayed or unwholesome food or vegetable matter. B. All animals running at large. C. All ponds or pools of stagnant water. D. Carcasses of animals not buried or destroyed within twenty-four (24) hours after death. E. Accumulation of manure, refuse, or other debris. F. The discharge, disposal, accumulation, or collection of sewage or industrial waste without proper permit or approval. (Ord. 00-16, Oct. 9, 2000) G. Garbage cans or other refuse containers which are not rodent -free or fly -tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors and which waste is not removed at least once a week. H. The pollution of any public well or cistern, stream or lake, canal or other body of water by sewage, industrial waste, or any other substances. All noxious weeds, as defined in Minnesota Rules 1505.0730, and other rank growths of vegetation, upon public or private property. J. Burning in violation of City of Otsego Ordinance No. 6. K. Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities. L. All public exposure of persons having a contagious disease. M. Any offensive trade or business as defined by either ordinance or State Statute or such trade or business whose operation constitutes a clear and present danger to the health of the public in general. (Ord. 91-23, Nov. 25, 1991) 5-8-4: PUBLIC NUISANCE AFFECTING MORALS AND DECENCY: The following are hereby declared to be nuisances affecting public morals and decency: A. Any gambling device not authorized by State law and not properly permitted by the appropriate jurisdiction, including but not limited to, slot machines and punch boards. 5-34 B. Betting or bookmaking, not allowed by State law, and all apparatus used in such operations. C. All houses kept for the purpose of prostitution. D. All places where intoxicating liquor or illegal drugs are manufactured or dispensed of in violation of law or where, in violation of law, persons are permitted for the purpose of drinking intoxicating liquor or ingesting or otherwise using illegal drugs, or where intoxicating liquor or illegal drugs are kept for sale or other disposition in violation of law, and all liquor, illegal drugs, and other property used for maintaining such places. E. Any vehicle used for the illegal transportation of intoxicating liquor and/or illegal drugs, or for prostitution and/or other immoral or illegal purpose. (Ord. 91-23, Nov. 25, 1991) 5-8-5: PUBLIC NUISANCES AFFECTING PEACE AND SAFETY: The following are declared to be nuisances affecting public peace and safety: A. All snow and ice not removed from public sidewalks within twelve (12) hours after the snow or other precipitation causing the condition has ceased to fall. B. Depositing, or causing to be deposited, any snow or ice on or against any fire hydrant or on any sidewalk or roadway. C. All trees, hedges, billboards, or other obstructions which prevent persons from having a clear view of all traffic approaching an intersection. D. All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles. E. Obstructions and excavation affecting the ordinary use by the public of streets, alleys, sidewalks, or public grounds except under such conditions as are permitted by City ordinances or other applicable law. F. Placing or storing on any street, sidewalk, alley, or public right-of-way any boxes, goods, wares, merchandise, building materials, machinery, business or trade article except for the purpose of immediately transferring the same to some other proper place. (Ord. 00-16, Oct. 9, 2000) G. Any tree, shrub, bush, or other vegetation located on private property which obstructs the use or travel on any public right-of-way. H. Radio aerials or television antenna erected or maintained in a dangerous manner. (Ord. 00-16, Oct. 9, 2000) 5-35 Any use of property abutting a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk and which activity is conducted without a permit, license, or other permission duly granted by the City. J. All hanging signs, awnings, and other similar structures over streets and sidewalks, or so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance. K. The allowing of rain water, ice, snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk. L. Any electric or barbed wire fencing strung lower than six (6) feet in height and within three (3) feet of a public sidewalk or way, except when used in conjunction with agricultural uses in an area zoned for such use. M. All dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public. N. Wastewater cast upon or permitted to flow upon streets or other public property. 0. Accumulations in the open of broken or unused metal, wood, lumber, cement, electrical fixtures, plumbing fixtures, building materials (but excluding building materials awaiting use and stored for a reasonable period of time for allowable or improvement presently in progress on the same premises), discarded or unused machinery, household appliances, automobile bodies, trash, debris, rubbish or other material, in a manner conducive to the harboring of rats, mice, snakes, or vermin, or the rank growth of vegetation among the items so accumulated, or items accumulated in a manner creating fire, health, or safety hazards. (Ord. 00- 16, Oct. 9; 2000) P. Accumulation in the open of broken or unused metal, wood, lumber, cement, electrical fixtures, plumbing fixtures, building materials (but excluding building materials awaiting use in construction or improvement presently in progress on the same premises), trash, debris, rubbish, in a manner conducive to the harboring or rats, mice, snakes, or vermin, or the rank growth of vegetation among the items so accumulated, or in a manner creating fire, health, or safety hazards from such accumulations. Q. Any well, hole, or similar excavation which is left open or uncovered or in such other condition as to constitute a danger to any child or other person coming on the premises where it is located. R. Obstruction of the free flow of water in a natural waterway, a public street drain, storm sewer, gutter, or ditch with trash or other materials. 5-36 S. Digging excavations, placing culverts, placing dams, or doing any act which may alter or affect the drainage of public property, streets, alleys or sidewalks; or affect flows of the public storm sewer and drainage ditch system, without authorization by the City. T. The placing or throwing on any street, sidewalk, or other public property of any glass, tacks, nails, bottles, or other substance which may injure any person or animal or damage any pneumatic tire when passing over such substance. U. The deposition of garbage or refuse on a public right-of-way or on adjacent private property. V. Throwing, placing, or depositing dirt, rocks, sand, leaves, trash, lawn clippings, weeds, grass, or other materials in the streets, sidewalks, ditches or other public ways and the gutters thereof. W. Permitting dirt, rocks or mud from construction or landscaping activities to be carried or deposited onto nearby streets, sidewalks, ditches or other public ways and the gutters thereof. X. All other conditions or things which are likely to cause injury to the person or property of anyone. Y. Operation of any artificial lighting facilities upon any private property without an effective shade or equivalent device to protect nearby residential premises from being adversely affected thereby. Z. Any used refrigerator, ice box, or freezer, with door latch intact, which is accessible to children. (Ord. 91-23, Nov. 25, 1991) 5-8-6: STORAGE OF PERSONALTY: A. Unsheltered storage of unused, stripped, junked, and other automobiles, recreational vehicles, motorcycles, watercraft or any other motor vehicle, not in good and safe operating condition and bearing a current State of Minnesota license or registration for that type of vehicle, and of any other vehicles, machinery, implements, and/or equipment and personal property of any kind which is no longer safely usable for the purposes for which it was manufactured, all of which is hereinafter described as "said personalty", for any period of thirty (30) days or more within any given year (except in licensed junkyards) within the corporate limits of the City of Otsego is hereby declared to be a nuisance and dangerous to the public safety. 5-37 B. For purposes of this ordinance, unsheltered storage means said personalty which is not stored in a permitted structure complying with the then existing and controlling City ordinances. The period of one year for purposes of considering whether or not a continuing violation exists commences upon the date of notice of the violation. In the event that any violation is corrected but a same or similar act occurs within the one year time period set forth above, it shall be considered a continuation of the original violation and each day that said violation exists may be considered a separate violation as well as a continuation of the original violation. C. Abatement by Owners. The owner, owners, tenants, lessees and/or occupants of any lot within the corporate limits of the City of Otsego upon which above prohibited storage or any other violation of this ordinance is made, and also the owner, owners, and/or lessees of said personalty involved in such storage of an other material constituting a violation of this ordinance, all of whom are hereinafter collectively referred to as "owners" shall jointly and severally abate said nuisance by the prompt removal of said personalty or materials into completely enclosed buildings authorized to be used for such purposes, or to a licensed junkyard or waste facility, or remove it to a location outside the corporate limits of the City of Otsego. D. Abatement by the City. Whenever said owners fail to abate such nuisances, the City shall remove the said personalty or materials to a location of its selection. Abatement of such nuisance by the City shall be in accordance with Section 5-8-13 of this Code. Costs incurred by the City during said abatement, including the cost of storage or disposal, shall be recoverable from the said owners, jointly and severally, in accordance with Section 5-8-14 of this Code or in a suit at law. E. Disposal of Property After Abatement by the City. When said personalty or materials have been removed and placed in storage by the City, as provided for herein, said personalty shall be sold by the City after the lapse of such time as is provided for bylaw. If the proceeds of such sales are insufficient to pay the costs of abatement and storage, said owners shall be liable to the City for the balance of the costs. If the proceeds are in excess of the costs, including storage, the balance shall be paid to said owners or deposited in the City Treasury for their use. (Ord. 00-16, Oct. 9, 2000) 5-8-7: ADOPTION BY REFERENCE: The "Hazardous Building Law", Minnesota Statutes 463.15 through 463.261, is adopted by reference. Any hazardous building or dangerous excavation may be abated in accordance with the provisions of that law. (Ord. 91-23, Nov. 25, 1991) 5-38 5-8-8: PUBLIC NUISANCE NOISE PROHIBITED: A. It shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of others, or precludes the quiet enjoyment of their property or affects their property's value, or affects the peace and quiet of any neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. This general prohibition is not limited by the specific restrictions of Section 5-8-8.13. B. Standards to be considered in determining a violation of this section include, but are not limited to, the following: 1. The volume of the noise. 2. The intensity of the noise. 3. Whether the nature of the noise is usual or unusual. 4. The volume and intensity of the background noise, if any. 5. The proximity of the noise to residential sleeping. 6. The nature and zoning of the area within which the noise emanates. 7. The density of the inhabitation of the area within which the noise emanates. 8. The time of day or night the noise occurs, 9. The duration of the noise. 10. Whether the noise is recurrent, intermittent, or constant. 11. Whether the noise is produced by a commercial or non-commercial activity. (Ord. 91-23, Nov. 25, 1991) 5-8-9: SPECIFIC NOISES PROHIBITED: A. Prohibition. The following acts listed in Section 5-8-9.13 to Section 5-8-9.Q are declared to be nuisance noises in violation of this Code, but this listing shall not be deemed to be exclusive. 5-39 B. Horns, Signaling Devices, Etc. 1. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street, public place, or private property within the City except as a present danger warning. 2. The creation by means of any such horn or signaling and unreasonable period of time. 3. The sounding of any such device for any unnecessary and unreasonable period of time. 4. The use of any signaling device except one operated by hand or electricity. 5. The use of any horn, whistle, or other device operated by engine exhaust. 6. The use of any such signaling device when traffic is held up for any reason. C. Radios, Television Sets, Amplifiers, and Similar Devices. Using, operating, or permitting to be played any radio, musical instrument, phonograph, juke box, amplifier, or other machine or device for the producing, reproducing, or amplifying of sound in such a manner as to disturb the peace, quiet, or comfort of persons residing, working, or peaceably gathered in its vicinity. The operation of said machine or device between the hours of ten o'clock (10:00) PM and seven o'clock (7:00) AM shall be prima facie evidence of violation of this section if done in such manner as to be plainly audible: 1. Within any other building or structure used for residential purposes; or 2. At the distance of fifty (50) feet from the building, structure, or vehicle in which it is located. D. Loud Speakers, Amplifiers for Advertising. Using, operating, or permitting to be used or operated, any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure by persons other than personnel of law enforcement or other governmental agencies. E. Yelling, Shouting, Etc. Yelling, shouting, hooting, whistling, or singing at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling, hotel, motel, or other place of residence, or of any persons in the vicinity. 5-40 F. Animals, Birds, Etc. The keeping of any animal or bird which, by causing frequent or long continued noise, shall disturb the comfort or repose of any persons in the vicinity. G. Whistles or Sirens. The blowing of a locomotive whistle or steam whistle attached to any stationary boiler or any sire whatsoever except to give notice of the time to begin to stop work, as a warning of fire or danger, or by public emergency vehicles. H. Exhausts. The discharge into the open air of the exhaust of any stationary internal combustion engine, motor boat, motor vehicle, motorcycle or snowmobile except through a muffler or other device which effectively prevents loud or explosive noises there from and which complies with all applicable State laws and regulations. Defect in Vehicle or Load. The use of any automobile, motorcycle, or other motor vehicle so out of repair, so loaded, or operated in such manner as to create loud and unnecessary grating, rattling, or other noise which shall disturb the comfort or repose of any persons in the vicinity. J. Sound Trucks for Advertising Purposes. The use of sound trucks or any other vehicle equipped with sound amplifying devices for the purposes of advertising any program, project, or meeting of any public agency, private business, religious organization, civic group, political party, or charitable organization. K. Loading, Unloading, Opening Boxes. The creation of a loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates, and containers. L. Construction or Repairing of Building. The erection (including excavation), demolition, alteration, or repair of any building between the hours of ten o'clock (10:00) PM and seven o'clock (7:00) AM on any day except where single individuals or families work on a single family residence owned by the individual or family for their own occupancy, provided that the Building Inspector may, in cases of emergency, grant permission to repair at any time when he finds that such repair work will not affect the health and safety of the persons in the vicinity. M. Schools, Courts, Churches, Hospitals. The creation of any excessive noise on any street or private property adjacent to any school, institution of learning, church, court, or hospital while the same are in use which unreasonably interferes with the use thereof, provided conspicuous signs are displayed on such indicating that the same is a school, hospital, or court street. 5-41 N. Hawkers, Peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood. O. Pile Drivers, Hammers, Etc. The operation between the hours of ten o'clock (10:00) PM and seven o'clock (7:00) AM of any pile driver, power shovel, pneumatic hammer, jack hammer, derrick, power or electric hoist, or other appliance, the use of which is attended by loud or unusual noise. P. Blowers. The operation of any noise creating blower or power fan or any internal combustion engine, the operation of which causes noise due to the explosion of operation gases or fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device sufficient to deaden such noise. Q. Internal Combustion Engines. No person shall create any excessive noise by permitting diesel engines to idle, or by building, repairing or testing motor vehicles or other internal combustion engines, which causes a disturbance beyond the property line of the property on which the activity takes place. R. Noise in Residential Areas. No person shall, between hours of ten o'clock (10:00) PM and seven o'clock (7:00) AM congregate because of, or participate in, any party or gathering of people from which noise emanates of a sufficient volume so as to disturb the peace, quiet, or repose of persons residing in any residential area. Noise between the hours of ten o'clock (10:00) PM and seven o'clock (7:00) AM of such volume as to be plainly audible at a distance of fifty (50) feet from the residential dwelling unit wherein such party or gathering is located shall be prima facie evidence of a violation of this section. No persons shall visit or remain within any residential unit wherein such party or gathering is taking place except the owner, persons residing in that unit, or persons who have gone there for the sole purpose of abating the disturbance. S. Prima Facie Evidence of Loud Noise. Incorporation by reference: standards established in Minnesota Rule 7010.0010 to 7010.1600, noise pollution control, are hereby adopted by reference and exceeding these standards is considered prima facie evidence of noise constituting a nuisance. (Ord. 91-23, Nov. 25, 1991) 5-8-10: RESPONSIBILITY: The owner and tenant of any premises on which a violation of Sections 5-8-6 and 5-8-7 of this Code occurs shall make every reasonable effort to see that the violation ceases. Violation of Sections 5-8-6 and 5-8-7 shall be deemed the act of both the person committing the act and the person in possession, control, custody, or having charge of the premises who allows or permits the violation to take place. Violation of Sections 5-8-6 and 5-8-7 shall also be deemed the act of a non- resident landlord, provided he has received written notice from the City of the violation 5-42 and has failed to make every reasonable effort to see that the violation ceases. (Ord. 91-23, Nov. 25, 1991) 5-8-11: PUBLIC DRINKING: A. Consumption. No person shall consume intoxicating liquor or non -intoxicating malt liquor on any public sidewalk or street, or in a vehicle upon a public street. No person shall consume intoxicating liquor or non -intoxicating malt liquor in any public parking lot or in any park without City authorization. B. Possession. No person shall have in possession intoxicating liquor or non - intoxicating malt liquor in an open container on any public sidewalk or street or in a vehicle upon a public street. (Ord. 91-23, Nov. 25, 1991) 5-8-12: ENFORCEMENT: The City Council shall have the duty of enforcing the provisions of this ordinance, and the City Council may, by resolution, delegate to other officers or agencies power to enforce particular provisions of this ordinance, including the power to inspect private premises, and the officers charged with enforcement of this ordinance shall take all reasonable precautions to prevent the commission and maintenance of public nuisances. (Ord. 91-23, Nov. 25, 1991) 5-8-13: ABATEMENT: A. General. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the City, the officer shall notify in writing the owner or occupant of the premises of such fact and order that such nuisance be terminated or abated. The notice shall be served in person or by certified or registered mail. If the premises are not occupied and the owner is unknown, the notice may be served by posting it on the ??????????????????????? B. Emergency Abatement. When the officer charged with enforcement determines that a nuisance constitutes a serious and eminent danger to the public safety or health, the officer may summarily abate the nuisance after a reasonable attempt to notify the owner or occupant of the property. The officer shall immediately thereafter notify in writing the owner or occupant of the premises of the action taken. The notice shall be served in person or by registered or certified mail. (Ord. 91-23, Nov. 25, 1991) 5-43 5-8-14: RECOVERY OF COST: A. Personal Liability: The owner of the premises on which a nuisance has been abated by the City shall be personally liable for the cost to the City of the abatement, including legal and administrative costs. As soon as the work has been completed and the costs determined, the Clerk of other official designated by the Council shall prepare a bill for the cost and mail it to the owner. Thereupon, the amount shall be immediately due and payable at the Office of the City Clerk. B. Assessment. If the nuisance is a public health or safety hazard on private property or the accumulation of snow and ice on public sidewalks, the Clerk shall, on or before September 1, next following abatement of the nuisance, list the total unpaid charges (including all applicable legal and administrative costs) along with all other such charges as well as other charges for current services to be assessed under Minnesota Statutes, Section 429.101, against each separate lot or parcel to which the charges are attributable. The Council may then spread the charges against such property under that statute and other pertinent statutes for certification of the County Auditor and collection along with current and following year taxes, or in annual installments, not exceeding ten (10), as the Council may determine in each. (Ord. 00-16, Oct. 9, 2000) 5-8-15: PENALTY: Any person violating any provision of this order shall, upon conviction, be guilty of a misdemeanor and shall be punished pursuant to applicable State Statute regarding misdemeanor penalties, as amended, plus the costs of prosecution. Each day a nuisance continues to exist is deemed a separate punishable offense under this ordinance. The City may, in its discretion, seek any civil remedies available to it as well, including injunctive relief or abatement. Each right of remedy accruing to the City under this ordinance or at law is separate and distinct and may, in the City's discretion, be exercised independently or simultaneously with any other right or remedy. (Ord. 00-16, Oct. 7, 2000) 5-8-16: SEPARABILITY: Every section, provision, or part of this ordinance is declared separable from every other section, provision or part; and if any section, provision or part thereof shall be held invalid by a court of competent jurisdiction, it shall not affect an other section, provision, or part. (Ord. 91-23, Nov. 25, 1991) 5-44 CHAPTER 6 PUBLIC UTILITIES, PROPERTY IMPROVEMENTS AND WAYS Paqe Section 1 Municipal Utilities...................................................... 6-2 Section2 Water Use............................................................... 6-4 Section 3 Sewer Use............................................................... 6-9 Section 4 Special Assessments ................................................. 6-13 Section 5 Deferred Special Assessments ..................................... 6-21 Section 6 Right -of -Way Management .......................................... 6-23 6-1 SECTION 1 MUNICIPAL UTILITIES Section 6-1-1 Purpose and Establishment of Utilities 6-1-2 Definitions 6-1-3 Mandatory Connection to Public Systems 6-1-4 Fixing Rates and Charges for Municipal Utilities 6-1-1: PURPOSE AND ESTABLISHMENT OF UTILITIES: There is hereby established a Utilities Department. The water, sanitary sewer, and storm sewer and drainage systems as they are now constituted or shall be hereafter enlarged or extended shall be operated and maintained under the provisions of this Section subject to the authority of the City Council at any time to amend, alter, change and repeal the same. The City Clerk shall have charged and management of the water, sanitary sewer, and storm sewer and drainage systems subject to the direction of the City Council. The City Clerk may designate other City employees to carry out duties and responsibilities under this Section. (Ord. 95-5, March 27, 1995) 6-1-2: DEFINITIONS: As used in this Section, the following words and terms shall have the meanings stated: Company, Grantee, and Franchisee. Any public utility system to which a franchise has been granted by the City. Consumer and Customer. Any user of a utility. Hook Up. The original connection to the utility for that property. (Ord. 95-1, Jan. 9, 1995) Municipal Utility. Any City owned utility system, including but not by way of limitation, water service, sanitary sewer service, and storm water sewer and/or drainage service. (Ord. 95-5, March 27, 1995) Service. Providing a particular utility to a customer or consumer. Utility. All utility services, whether the same be public City owned facilities or furnished by public utility companies. 6-1-3: MANDATORY CONNECTION TO PUBLIC SYSTEMS: It shall be unlawful for any person to install or hook up to a private water system which is intended to provide water for human consumption, install or hook up to a private sanitary sewer 6-2 system, or to hook up to private storm water sewer and/or drainage system in the City, except in cases where the public water, sanitary sewer, or storm water sewer and/or drainage systems are not accessible to the premises requesting installation or hook up. The City Clerk shall refer to the City Engineer all questions of accessibility which may arise. The City Engineer shall determine if the public water, sanitary sewer, or storm water sewer and/or drainage systems are accessible to the premises requesting installation or hook up. (Ord. 95-5, March 27, 1995) 6-1-4: FIXING RATES AND CHARGES FOR MUNICIPAL UTILITIES: All rates and charges for municipal utilities, including but not by way of limitation, rates for service, rates for contribution to the system, permit fees, deposit, hook up, meter testing fees, disconnection fees, reconnection fees, and penalty fees for delinquency, shall be fixed, determined and amended by the Council and adopted by resolution. Such resolution, containing the effective date thereof, shall be kept on file and open to public inspection in the office of the City Clerk and shall be uniformly enforced. For the purpose of fixing rates and charges, the Council may categorize and classify under various types of services, or by contribution to the system, provided that such categorization and classification in just and equitable and is included in the resolution authorized by this Section. (Ord. 95-5, March 27, 1995) 6-3 SECTION 2 WATER USE Section 6-2-1 Water Availability and Use Charge 6-2-2 Water Line Connections 6-2-3 Meters 6-2-4 Accounts in Name of Property Owner; Deposit; Lien for Delinquent Accounts 6-2-5 Taking Water Without Authority 6-2-6 Right to Discontinue Service Reserved 6-2-7 Responsibility for Repairs 6-2-8 Repeal of Inconsistent Ordinances 6-2-9 Penalty 6-2-1: WATER AVAILABILITY AND USE CHARGE: The City Council has determined that in order to pay for the cost of construction, reconstruction, repair, enlargement, improvement, maintenance, operation, and use of the City water system; the cost of State and Federal regulations; and the principal and interest to become due on obligations issued or to be issued, it is necessary to impose just and equitable charges for the use and availability of the municipal water system pursuant to Minnesota Statutes, Section 444.075, Subdivision 3. A. Usage Charge. From and after hookup of any premises to the City water system, the owner or owners of said premises shall pay for such water services and usage at rates fixed by resolution of the City Council, and any rates so established may be amended at any time by duly adopted resolution of the City Council. B. Penalty Charge and Interest on Unpaid Bills. The monthly water consumption charges shall be deemed delinquent if not paid on or before the due date. Bills will be mailed approximately two (2) weeks before the due date. All delinquent accounts shall be subject to penalty calculated as follows: 1. A bill paid in full within thirty (30) days after the due date shall pay a penalty of ten (10) percent of the balance due. 2. Beginning thirty (30) days after the due date, all unpaid balances shall accrue interest at a rate established by resolution of the City Council. Said interest will be on top of the penalty charge. C. Availability of Water Service. Owners or users of any property within those areas where City water service is available may not use a non -municipal water 6-4 system without specific written agreement with the City. (Ord. 00-11, June 26, 2000) 6-2-2: WATER LINE CONNECTIONS: All connections to the municipal water system shall be in conformity with the following rules and regulations, except that the City Council may, by resolution, waive the same upon showing of special conditions justifying such waiver. A. Separate Connection. Every premises served by a water hookup shall have a separate connection and a separate meter. B. Permit Required. No person, firm, or corporation shall hook up any water connection or meter to the City water line without first obtaining a permit therefore from the City. The initial connection and turn on operation for any water system connection shall only be performed by a City employee or authorized agent. C. Licensed Plumber Required. No person, firm, or corporation may hook up or service, or assist therein, any water line connected to the City water system, unless such person, firm, or corporation is a plumber duly licensed under the laws of the State of Minnesota or the ordinances of the City. D. Connection Charge. The connection charge imposed by the City for hookup of premises to the municipal water system shall be set by a duly adopted resolution of the City Council. E. Residential Equivalent Connections (REC) will be established for non-residential users. The number of RECs per use will be as per the current version of the Metropolitan Council Environmental Services Procedures Manual. F. No person shall connect to the City water system without also connecting to the City sanitary sewer system, except by resolution of the City Council. (Ord. 00- 11, June 26, 2000) 6-2-3: METERS: All water shall be measured by a City provided meter. Every customer shall provide a suitable place where a meter can be installed. The customer shall pay for the meter from the City, pay for all costs of meter installation in an approved location, and pay for any maintenance or replacement costs of the City. For the purpose of reading or maintaining meters, shutting off or staring service, or other emergency situations, duly authorized employees or subcontractors of the City shall have authority legally to enter upon any premises at a reasonable hour. (Ord. 00-11, June 26, 2000) 6-5 6-2-4: ACCOUNTS IN NAME OF PROPERTY OWNERS; DEPOSIT; LIEN FOR DELINQUENT ACCOUNTS: A. Account Name. All accounts shall be carried in the name of the property owner who personally, or by their authorized agent, shall apply for such service. Said owner shall at all times be personally liable for water consumed upon the premises whether they are occupying the same or not. B. Deposit. The City also reserves the right to demand of each and every customer, before the said service is turned on, a deposit with the City Administrator in an amount established by resolution. C. Lien on Property. All accounts, charges, and interest imposed by and pursuant to this Section are hereby made a lien upon the premises served by the water hookup. All such accounts and charges which are, on the first day of October of each year, thirty (30) or more days past due, and the same having been properly billed to the owner or occupant of the premises served, may be certified by the City Clerk as unpaid and delinquent to the County Auditory by the first day of November of each year. The City Clerk, in so certifying such accounts and charges to the County Auditor, shall specify the amounts thereof, the description of the premises served, and the name of the owner thereof. The amount so certified shall be extended by the County Auditor on the tax rolls against such premises in the same manner as other taxes and shall be collected by the County Treasurer and paid to the City Treasurer. (Ord. 00-11, June 26, 2000) 6-2-5: TAKING WATER WITHOUT AUTHORITY: Any person, firm or corporation who takes water from the municipal water system without complying with the provisions of this Section, or without other authorization, or who assists any other person in so doing, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not to exceed seven hundred fifty dollars ($750.00) or by imprisonment not to exceed ninety (90) days, or both. Violators are also responsible for the City's costs for prosecution or in seeking injunctive relief. (Ord. 00-11, June 26, 2000) 6-2-6: RIGHT TO DISCONTINUE SERVICE RESERVED: The City shall have the right and authority to discontinue water service to any property that is delinquent in payment or is in violation of water service rules or other City ordinance. A. The City or its subcontractor shall notify each sewer and water user/owner who have sewer/water accounts thirty (30) days past due. The notification shall include: 1. The amount owed the City including interest and other appropriate charges. 2. Date by which the account must be paid. 3. Service shut off date. 4. If the user/owner does not contact the City within ten (10) days, the City shall hand deliver a shut off notice to the delinquent party. B. Shut Off. Services will be discontinued to the accounts who have not made arrangement with the City regarding the payment of delinquent account. The City shall also have the authority to shut off service immediately without notice pursuant to any action against the property. C. Charges. The City shall charge service fees as established by resolution to discontinue services and to reinstate services to a delinquent account. Any charges incurred by the City in discontinuing service shall be assessed to the property. D. User/Owner Shut Off Request. The user/owner may request that their water be shot off. The City will then shot off the water with a service fee as established by resolution. Turning on the water and reinstalling the meter will cost an additional service fee. While the water is shutoff, the owner/user will be billed for the minimum charge as established by Council resolution. (Ord. 00-11, June 26, 2000) 6-2-7: RESPONSIBILITY FOR REPAIRS: The cost of all repairs and replacement of any plumbing between the residence or structure and the municipal water main line, shall be borne entirely by the owner of the premises affected, and if such repair or replacement work is performed by the City, the cost of time and material shall be assessed against the owner of the affected premises. (Ord. 00-11, June 26, 2000) 6-2-8: REPEAL OF INCONSISTENT ORDINANCES: All ordinances or parts of ordinances in conflict with this Section are to the extent of such conflict hereby repealed. This Section shall take effect and be in full force from and after the date of its publication. (Ord. 00-11, June 26, 2000) 6-2-9: PENALTY: Any person violating any provision of this Section shall, upon conviction therefore, be punished by a fine not exceeding seven hundred fifty dollars ($750.00) or by imprisonment not exceeding ninety (90) days, or both. A separate offense shall be deemed committed for each day the violation shall continue. The City 6-7 is also allowed to seek injunctive or other relief and assess penalties as part of that process. (Ord. 00-11, June 26, 2000) IM SECTION 3 SEWER USER Section: 6-3-1 Purpose and Object 6-3-2 Sewer Usage Charges 6-3-3 Sewer Connection Charges 6-3-4 Accounts in Name of Property Owner; Lien for Delinquent Accounts 6-3-5 Use of Sewer Without Authority 6-3-6 Classification and Change of Rate 6-3-7 Responsibility for Repairs 6-3-8 Penalty 6-3-9 Severance 6-3-10 Repeal of Inconsistent Ordinances 6-3-1: PURPOSE AND OBJECT: The City Council has determined that in order to pay for the costs of construction, reconstruction, repair, enlargement, improvement, maintenance, operation, and use of the City sanitary sewage system and treatment plant; the cost of new State and Federal regulations; and the cost of principal and interest to become due or to be issued therefore; it is necessary to impose just and equitable charges for the use and availability of the municipal sanitary sewer collection and treatment system pursuant to Minnesota Statutes, Section 44.075. (Ord. 00-12, June 26, 2000) 6-3-2: SEWER USAGE CHARGES: A. Usage Charge. Sewer charges levied and assessed against the property in the City shall be established by resolution of the City Council. 1. For residential users, the sewer charge shall be determined using the average of the winter months water use. 2. Sewer charges for non-residential users shall be determined in the same manner as for residential users where practical and appropriate. Where this is not practical or appropriate, the monthly sewer charge shall be based on the monthly water usage for the affected premises. B. Penalty Charge and Interest on Unpaid Bills. The sewer usage charge shall be billed to the owner or occupant of the premises served by said sewer monthly and shall be payable to the City within fourteen (14) calendar days from the date in which the statement is issued. All delinquent accounts shall be subject to a penalty calculated as follows: • 1. A bill paid in full within thirty (30) days after the due date shall pay a penalty of ten (10) percent of the balance due. 2. Beginning thirty (30) days after the due date, all unpaid balances shall accrue interest at a rate to be established by resolution. C. Availability of Sewer Service. Owners or users of any property within those areas where City sewer service is available may not use a non -municipal sewer system without specific written agreement with the City. Ord. 00-12, June 26, 2000) 6-3-3: SEWER CONNECTION CHARGES: All connections to the municipal sewage treatment system shall be in conformity with the following regulations, except that the City may, by resolution, waive the same upon showing of special conditions justifying such waiver: A. Separate Connection. Every premises served by the municipal sewage system shall have a separate connection. B. Permit Required. No person, firm, or corporation shall hook up any sewage connection to the City sewage collection system without first obtaining a permit from the City. C. Licensed Plumber Required. No person, firm, or corporation may hook up or service, or assist therein, any sewage line connected to the City sewage collection system, unless such person, firm or corporation is a plumber duly licensed under the laws of the State of Minnesota or the ordinances of the City. D. Connection Charge. The connection charge imposed by the City for hookup of premises to the municipal sewage collection system shall be set by a duly adopted resolution of the City Council. E. Residential equivalent connections (RECs) will be established for non-residential users. The number of RECs per use will be as per the current version of the Metropolitan Council Environmental Services Procedures Manual. Any charges so established may be amended at any time by a duly adopted resolution of the City Council. F. No person shall connect to the City sewer system without also connecting to the City water system, except by resolution of the City Council. (Ord. 00-12, June 26, 2000) 6-10 6-3-4: ACCOUNTS IN NAME OF PROPERTY OWNER; LIEN FOR DELINQUENT ACCOUNTS: A. Account Name. All accounts shall be carried in the name of the property owner who personally, or by their authorized agent, shall apply for such service. Said owner shall at all times be personally liable for sewage treatment service used upon the premises whether they are occupying the same or not. B. Lien on Property. All accounts and charges imposed by and pursuant to this Section are hereby made a lien upon the premises served by the sewage treatment hook up. All such accounts and charges which are, on the first day of October of each day, thirty (30) or more days past due, and the same having been properly billed to the owner or occupant of the premises served, may be certified by the City Clerk as unpaid and delinquent to the County Auditor by the first day of November of each year. The City Clerk, in so certifying such accounts and charges to the County Auditory, shall specify the amounts thereof, the description of the premises served, and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes and shall be collected by the County Treasurer and paid to the City Treasurer. (Ord. 00-12, June 26, 2000) 6-3-5: USE OF SEWER WITHOUT AUTHORITY: Any person, firm, or corporation who uses or connects to the municipal sewer system without complying with the provisions of this Section, or without other authorization, or who assists any other person in so doing, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not to exceed seven hundred fifty dollars ($750.00) or by imprisonment not to exceed ninety (90) days, or both. Violators are also responsible for the City's costs for prosecution or in seeking injunctive relief. 6-3-6: CLASSIFICATION AND CHANGE OF RATE: The City Council shall have the power by resolution to classify all types of sewage discharged into the sanitary sewer system of the City based on the quantity, concentration, cost of disposal and other pertinent facts, and to fix, increase, or decrease the rates charged for the use of said sanitary sewer system on any equitable basis the City Council may deem appropriate as the proper basis for measuring the use of said sanitary sewer system. (Ord. 00-12, June 26, 2000) 6-3-7: RESPONSIBILITY FOR REPAIRS: The cost of all repairs and replacement of any sewer service lines between the residence or structure and the public sewer main line, shall be borne entirely by the owner of the premises affected, and if such repair or replacement work is performed by the City, the cost of time and 6-11 material shall be assessed against the owner of the affected premises. (Ord. 00-12, June 26, 2000) 6-3-8: PENALTY: Any person violating any provision of this Section shall, upon conviction therefore, be punished by a fine not exceeding seven hundred fifty dollars ($750.00) or by imprisonment not exceeding ninety (90) days, or both. A separate offense shall be deemed committed for each day the violation shall continue. The City is also allowed to seek injunctive or other relief and assess penalties as part of that process. (Ord. 00-12, June 26, 2000) 6-3-9: SEVERANCE: The provisions of this Section are separable and the invalidity of any provision shall not affect the remaining provisions. (Ord. 00-12, June 26, 2000) 6-3-10: REPEAL OF INCONSISTENT ORDINANCES: All ordinances or parts of ordinances in conflict with this Section are to the extent of such conflict hereby repealed. This section shall take effect and be in full force from and other the date of its publication. (Ord. 00-12, June 26, 2000) 6-12 SECTION 4 SPECIAL ASSESSMENTS Section 6-4-1 Classification of Projects 6-4-2 Financing Class B and C Improvements 6-4-3 Assessment Regulations for Class B Improvements 6-4-4 Assessment Rules for Class C ImprovemE�nts 6-4-5 Special Rules 6-4-6 Postponed Assessments 6-4-7 Apportionment of Assessments Upon Subdivision of Land 6-4-8 Federal, State and County Aid Use 6-4-9 Branch Service Lines 6-4-10 Partial Payment 6-4-11 Certification of Assessments 6-4-12 Assessment Manual 6-4-13 Effective Date 6-4-1: CLASSIFICATION OF PROJECTS: A. In General. Public improvements are divided into those classes specified in the following subdivisions according to their respective benefit to the City as a whole and to property specially served by the improvement, and taking into account past City practice. B. Class A. Class A improvements are those which are of general benefit to the City at large, including: 1. Public buildings, except a building which is part of an improvement described in one of the following subdivisions. 2. Any public park, trail, playground, or recreational facility. 3. The installation and maintenance of street lighting systems. 4. Any improvement not described in Minnesota Statutes 429.021, Subd. 1. All such improvements shall be financed from general City funds and not from special assessments, C. Class B. Class B improvements are those which are of both general benefit and special benefit to abutting or nearby property. Class B improvements include: 1. Trunk water mains larger than eight (8) inches. 6-13 2. Trunk sanitary sewer mains larger than eight (8) inches. 3. Permanently surfacing collector streets. 4. Storm sewers. D. Class C. Class C improvements are those which are primarily, if no exclusively, of benefit to property abutting or in the area of the improvement, including: 1. The construction of water mains no larger than eight (8) or ten (10) inches in diameter. 2. The construction of sanitary sewer mains no larger than eight (8) inches in diameter. 3. The construction of curbs and gutters. 4. Grading, graveling, oiling, and applying non -permanent surfacing to streets. 5. Permanently surfacing residential streets. 6. The abatement of nuisances. (Ord. 24-1, Oct. 24, 1994) 6-4-2: FINANCING CLASS B AND C IMPROVEMENTS: It is the policy of the City to finance Class B and C improvements by the methods prescribed in Sections 6-4- 3 and 6-4-4. The apportionment of the cost between benefited property and the City at large and the method of levying assessments prescribed in those sections shall be followed in each case unless the Council, by resolution, finds that because of special circumstances stated in the resolution, a different policy is necessary or desirable in the particular case. Any local improvement described in Minnesota Statutes, Section 429.02 and not placed in Class A, B or C by Section 1 shall be financed as the Council determines to be the most feasible and equitable in each case. In each case, the Council shall examine the assessment roll before approval and adjust any assessment which exceeds the benefit received by the property assessed. (Ord. 24-1, Oct. 24, 1994) 6-4-3: ASSESSMENT REGULATIONS FOR CLASS B IMPROVEMENTS: A. Trunk Water Mains and Sanitary Sewers. When a water or sewer main is laid across or adjacent to unplatted property, the City shall not defer the assessment against the unplatted property if the assessment would be made for such an improvement in the case of platted property, but the City shall make the assessment at the time the assessment against other property is made, 6-14 apportioning the assessment against the unplatted property on the basis of area. When a trunk sewer or water main is constructed and is to serve also as a lateral sewer or water main for abutting property, the abutting property shall be assessed for the cost of a lateral sewer or water main of eight (8) inches plus its proportionate share of the cost of the excuse capacity. When the abutting property is industrial or commercial, said properly shall be assessed for the cost of a lateral sewer or water main of eight (8) or ten (10) inches plus its proportionate share of the cost of the excess capacity. Other property benefited by the trunk sewer or water main but unable to utilize it until a lateral connected to the trunk sewer or water main has been built to serve the property shall not be assessed for its share of the cost of trunk sewer or water main until the lateral is built. The assessment for the lateral shall then include the property's share of the trunk sewer or water main. The cost of the trunk sewer or water main in excess of the lateral assessment shall be assess on the basis of area or unit against all properties benefited. The cost of a lift station shall be assessed on the basis of area against that property actually benefited by the lift station. Hookup charges for both sewer and water shall be established by ordinance or by Council resolution. B. Collector Street Surfacing. Collector streets as designated on Exhibit A are affected by this subdivision. When a collector street is paved with concrete, bituminous mat or other permanent surface, the cost of the pavement on any roadway shall be assessed against the benefited property on the basis of frontage on the abutting street, or upon lot unit equivalents depending upon the area of the City per City Assessment Policy. When the standards for such paving are higher than those the City would use for a residential street, the cost to be assessed shall be based on the cost of paving a residential street of the same width. The rest of the cost shall be paid from general funds. If bonding is used to finance the improvement at least twenty (20) percent of the cost of the improvement must be assessed against abutting properties. 1. If improvements are made to an MSA designated and eligible street, the abutting properties shall be assessed for the costs of a typical street and any additional costs shall be paid for by the City. 2. Within newly constructed development, residential or commercial - industrial, developer shall pay one hundred (100) percent of the costs of newly constructed streets unless any street is MSA eligible in which case the developer shall be assessed for the costs of a typical street and any additional costs shall be paid for by the City. (Ord. 24-1, Oct. 24, 1994) C. Storm Sewers. Cost for construction of storm sewers shall be assessed against the property in the area served by the sewer on the basis of the equivalent square footage of the property. The area to be assessed shall be determined on the basis of topographic maps and other pertinent data. The equivalent square 6-15 footage for properties shall be determined in accordance with rules or procedures adopted by Council resolution. 1. As a general policy, all properties are responsible for a proportionate and equitable share of the costs of storm sewer and surface water system components. a. All individual properties or aggregation of properties within a drainage area, development area, or other defined area are responsible for the total costs to construct storm sewer improvements that serve the area, including lateral facilities which are the surface water and storm sewer drainage pipes, ditches and appurtenances that provide service to smaller or local areas and trunk facilities. Lateral facilities can consist of portions of trunk facilities with the basic system costs allocated to lateral service and the portion of system cost associated with oversizing and/or added depth as required for area service allocated to the trunk system. b. All individual properties or aggregation of properties within a drainage area, project area, development area, or other defined area are responsible for providing ponding to reduce peak runoff rates from developed property to the rates from property in its natural state and to enhance surface water quality. C. All properties are responsible for an equitable proportion of the costs of trunk storm sewer facilities which are the larger surface or storm water drainage pipes, ditches and appurtenances that provide service to an entire area. d. All properties are responsible for an equitable proportion of the ongoing costs of storm sewer utility system operation, maintenance, repair and replacement as required for proper drainage system function. 2. Costs and charges for construction, operation and maintenance of the surface water and storm sewer management and control system will be allocated, assessed or paid under statutory authority including the municipal authority for zoning and subdivision control, the municipal authority to charge for the use and availability of storm sewer facilities, the municipal authority to establish storm sewer tax districts, the municipal authority to establish a storm sewer utility and the municipal authority to construct and assess the costs of public improvements as a benefit to properties. Under this authority, surface water management and storm sewer systems costs will be allocated, assessed and paid as follows: 6-16 a. For all land use changes made under City zoning and subdivision approval authority, properties will be responsible, at the time of the land use change approval, for total costs of construction of required storm sewer improvements, for costs of providing required ponding, and for proportionate costs of the trunk drainage system. b. To pay for the construction, reconstruction, repair, enlargement, improvement, or obtainment of storm sewer systems, including mains, holding areas and ponds, and other appurtenances and related facilities for the collection and disposal of storm water, the City shall impose just and equitable charges for the use and availability of the facilities. Charges to individual properties shall be as nearly as possible proportionate to the cost of furnishing the service, or shall be just and equitable. All charges shall be based upon established statutory procedures, City ordinances, resolutions, or by reference to procedures and rules established by the City Council pursuant to statute, ordinance or resolution. Said rules shall set forth the classification of properties based upon the quantity and quality of storm watE:r produced, and other relevant factors. Such charges shall be imposed to all eligible properties in a project area at the time when facilities are constructed for the use and availability of properties and shall include the costs of storm sewer improvements, required ponding and trunk drainage. C. All properties shall be responsible for a periodic fee, charge or tax for ongoing and continued operation, maintenance and repair of storm sewer facilities with such fee, charge or tax established by municipal authority as a storm sewer taxing district and/or under municipal authority for a storm sewer utility. (Ord. 95-4, March 27, 1995) 6-4-4: ASSESSMENT RULES FOR CLASS C IMPROVEMENTS: A. Water and Sewer. The cost of internal water mains not exceeding eight (8) inches in diameter and of lateral sanitary sewer mains not exceeding eight (8) inches in diameter shall be assessed against abutting property on the basis of frontage. The cost of water mains to be assessed includes the service lines, if furnished, hydrants and valves. The cost of sewer mains includes service lines, if furnished. B. Streets. The cost of construction of curbs and (gutters on any street, of grading, graveling, oiling, and applying non -permanent surfacing to any street, or if applying permanent surfaces to residential streets, shall be assessed on the basis of frontage, or by lot units or lot unit equivalents depending upon the area 6-17 of the City per City assessment policy. Industrial -commercial properties shall be assessed on the basis of frontage. C. Nuisances. The cost of abutting nuisances shall be assessed in a manner determined by the Council in each case to measure most equitably the benefit received by property to be assessed. The assessment in any such case may be made against non -abutting property to the extent the property is benefited by the improvement. (Ord. 24-1, Oct. 24, 1994) 6-4-5: SPECIAL RULES: A. Corner Lots. In any assessment made on the basis of frontage, except one for water or sanitary sewer, corner lots shall be assessed for footage along the longest side if residential property and along both sides if commercial -industrial property. Any remaining footage shall be spread among all other assessed properties. In the case of an assessment for a lateral water or sewer main, Class C, corner lots shall be assessed for the footage along the front side of the lot and shall be assessed for the footage along the front side of the lot and shall be assessed for the footage along the front side of the street abutting the lot. B. Intersections. The cost of water and sewer improvements in street intersections shall be included as part of the assessable cost. In the case of any kind of street improvement, intersection costs shall be paid by the City. C Adjusted Frontage. When the amount of an assessment is determined by frontage, an equivalent front footage shall be determined according to the following rules when an irregular lot requires such an adjustment to maintain fairness in the assessment: 1. Frontage footage shall be measured at setback or cul-de-sacs and sharply curved streets and irregularly shaped lots. 2. Equivalent front footage shall be determined by dividing the square footage of the lot by the general lot depth of the subdivision for pie shaped lots and irregular shaped lots where other rules do not apply. 3. Where frontage curves so greatly as to give a general appearance of a corner, the lot shall be considered a corner lot and equivalent front footage, as well as side footage where required, determined on the basis of an irregularly shaped lot. 4. Where a lot or unit consists of a combination of rectangular and pie shaped or irregular portions, the equivalent front footage shall be determined as the sum of the straight front footage plus the remainder in accordance with applicable rules. (Ord. 24-1, Oct. 24, 1994) 6-18 6-4-6: POSTPONED ASSESSMENTS: A. If the City advances its own funds to pay for improvement costs relating to property abutting on but not initially assessed for an improvement, the City may reimburse itself for all or any portion of this cost by levying assessments against such property upon notice and hearings provided for the assessments at a later date. B. If the City advances its own funds to pay for improvement costs that benefit non - abutting property not initially assessed for it, but able to use it when extensions or other improvements are made, the City may include all or any portion of the costs originally advanced into assessments for later improvements if notice to that effect is included in the notice of hearing on the matter of undertaking the later extension or improvement. (Ord. 24-1, Oct. 24, 1 994) 6-4-7: APPORTIONMENT OF ASSESSMENTS UPON SUBDIVISION OF LAND: If a special assessment is levied against a tract of land which is later subdivided, the installments remaining unpaid can be apportioned among the various lots and parcels in the tract upon a finding that such apportionment will not materially impair collection of the balance due. This may be done upon application of the property owner or by the City Council acting upon its own motion, but notice of such apportionment and of the right to appeal must be mailed to or personally served upon all owners of any part of the tract. If the assessment has been pledged towards payment of improvement bonds, the City Council must require the owner or owners to provide adequate security. The City Council may also, at its discretion, require security in other cases. (Ord. 24-1, Oct. 24, 1994) 6-4-8: FEDERAL, STATE, AND COUNTY AID USE: If the City receives financial assistance from the Federal government, the State, or the County to defray a portion of the cost of a street improvement project, such aid shall be used first to reduce the share of the project cost which would be met from general City funds according to the assessment formula contained in this Section. If such aid is more than the amount of the improvement cost to be borne by the City, such additional amount shall in no way affect a reduction in individual assessments calculated pursuant to this Section and City assessment policy. (Ord. 24-1, Oct. 24, 1994) 6-4-9: BRANCH SERVICE LINES: Water and sewer lines shall be installed from the main to the front property line of property to be served before any permanent street surfacing is constructed in the street. If any property owner fails to put in such water and sewer service lines within thirty (30) days after notice from the City Engineer, 6-19 the City Council shall proceed to have water and sewer service installed and to assess the cost against the property. (Ord. 24-1, Oct. 24, 1994) 6-4-10: PARTIAL PAYMENT: After the adoption by the City Council of the assessment roll in any local improvement proceeding, the owner of any property specially assessed in that proceeding may, prior to the certification of the assessment to the County Auditor, pay to the City Treasurer any portion of the assessment not less than one hundred dollars ($100.00). The remaining unpaid balance shall be spread over the period of time established by the Council for installment payment of the assessment. (Ord. 24-1, Oct. 24, 1994) 6-4-11: CERTIFICATION OF ASSESSMENTS: After the adoption of any special assessment by the Council, the Clerk or Deputy Clerk shall transmit a certified duplicate of the assessment roll with each installment, including interest, set forth separately to the County Auditor to be extended on the proper tax lists of the County. (Ord. 24-1, Oct. 24, 1994) 6-4-12: ASSESSMENT MANUAL: The City Clerk and staff shall prepare an administrative manual specifying more detailed procedures for the conduct of local improvements and the levy of special assessments in supplementation of this Section, and consistent therewith. Upon approval of the Council by resolution, such manual shall be used with this Section in the conduct off all local improvement proceedings to which they apply by their terms. (Ord. 24-1, Oct. 24, 1994) 6-20 SECTION 5 DEFERRED SPECIAL ASSESSMENTS Section 6-5-1 Deferment 6-5-2 Hardship 6-5-3 Retirement 6-5-4 Termination 6-5-1: DEFERMENT: A. The City Council may defer the payment of any special assessment on homestead property owned by a person who is sixty-five (65) years of age or older, or retired by reason of permanent and total disability, when payment of the assessment would create a hardship upon the property owner as defined herein. The deferment shall be granted upon a certification by the owner on a form prescribed by the County Auditor supplemented by the City Clerk to establish the qualification of the owner for such deferment. The applicant shall be made to the City Clerk and shall be renewed each following year upon the filing of a similar application not later than August 1, 1987. (Ord. 4A, July 20, 1987) B. The City Council shall either grant or deny the deferment, and if it grants the deferment, it may require the payment of the interest due each year. If the City Council grants the deferment, the Clerk shall notify the County Auditor who shall, in accordance with Minnesota Statutes, Section 435.194, record a notice of the deferment with the County Recorder setting forth the amount of the assessment. (Ord. 4A, July 20, 1987) 6-5-2: HARDSHIP: A hardship shall be deemed prima facie to exist when all of the following apply: A. The annual gross income of the applicant and spouse according to the most recent Federal income tax return plus their tax exempt income does not exceed ten thousand dollars ($10,000.00). If no such return was made, the Clerk shall require the applicant to submit other pertinent information to show that this qualification is met. B. The average annual payment due for all assessments levied against the property exceeds three (3) percent of the applicant's income as thus calculated. C. The special assessments to be deferred exceed -!'our hundred dollars ($400.00). 6-21 D. The total assets of the applicant and spouse, exclusive of the homestead, do not exceed twenty thousand dollars ($20,000.00). E. Notwithstanding the foregoing provisions of this subdivision, the City Council may consider exceptional and unusual circumstances pertaining to an applicant not covered by the above standards; but any determination shall be made in a non- discriminatory manner and shall not give the applicant an unreasonable preference or advantage over other applicants. (Ord. 4A, July 20, 1987) 6-5-3: RETIREMENT: Retirement by reason of permanent and total disability shall be deemed prima facie to exist when the applicant presents a sworn affidavit by a licensed medical doctor attesting that the applicant is unable to be gainfully employed because of a permanent and total disability. (Ord. 4A, July 20, 1987) 6-5-4: TERMINATION: A. The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due upon the occurrence of any one of the following events: 1. The death of the owner when there is no spouse who is eligible for deferment. 2. The sale, transfer, or subdivision of all or any part of the property. 3. Loss of homestead status on the property. 4. Determination by the City Council for any reason that there would be no hardship to require immediate or partial payment. 5. Failure to file a renewal application within the time prescribed by Section 6-5-1. B. Upon the occurrence of one of the events specified in Section 6-3-4.A of this Code, the City Council shall terminate the deferment. Thereupon, the City Clerk shall notify the County Assessor and the County Auditor of the termination, including the amounts accumulated on unpaid installments plus applicable interest which shall become due and payable as a result of the termination. (Ord. 4A, July 20, 1987) 6-22 SECTION 6 RIGHT-OF-WAY MANAGEMENT Section 6-6-1 Findings and Purpose 6-6-2 Definitions 6-6-3 Administration 6-6-4 Utility Coordination Committee 6-6-5 Registration and Right -of -Way Occupancy 6-6-6 Registration Information 6-6-7 Reporting Obligations 6-6-8 Permit Requirement 6-6-9 Permit Applications 6-6-10 Issuance of Permit Conditions 6-6-11 Permit Fees 6-6-12 Right -of -Way Patching and Restoration 6-6-13 Joint Applications 6-6-14 Supplementary Applications 6-6-15 Other Obligations 6-6-16 Denial of Permit 6-6-17 Installation Requirements 6-6-18 Inspection 6-6-19 Work Done Without a Permit 6-6-20 Supplementary Notification 6-6-21 Revocation of Permits 6-6-22 Mapping Data 6-6-23 Location of Facilities 6-6-24 Relocation of Facilities 6-6-25 Pre -Excavation Facility and Facilities Location 6-6-26 Damage to Other Facilities 6-6-27 Right -of -Way Vacation 6-6-28 Indemnification and Liability 6-6-29 Abandoned and Unusable Facilities 6-6-30 Appeal 6-6-31 Reservation of Regulatory and Police Powers 6-6-32 Severability 6-6-1: FINDINGS AND PURPOSE: The primary objective of this Section is to protect the public's interest in its rights-of-way. The Otsego City Council finds that regulation, maintenance and administration of public rights-of-way, as set forth in the section, is in the best interests of the health, safety and welfare of Otsego's citizens. Specifically, the Council makes the following findings: 6-23 A. Demands for usable space over, under, and across rights-of-way threaten to exceed the already limited space practically available in existing public rights-of- way. B. Because systems are typically installed in shallow trenches, the streets are restored in narrow "ribbons" which deteriorate faster than the surrounding street surface and shorten the original design life, thereby increasing costs to taxpayers. C. Lengthy and uncoordinated construction, installation, repair or relocation of equipment or facilities within the public rights-of-way add to existing hazards and inconvenience for motorists and pedestrians. D. Telecommunication companies and users are not paying their fair share of the costs to acquire, develop, and maintain public rights-of-way. E. Efficient management and regulation of public rights-of-way can ensure economical access to City owned water, storm drain and sanitary sewer systems, as well as economical access for all other current and future users of public rights-of-way. F. The ordinance seeks, among other things, to accomplish the following objectives - 1 Eliminate hidden subsidization of private companies by taxpayers. 2. Protect the public health, safety, welfare and convenience. 3. Ensure the structural integrity and quality of streets. 4. Minimize detours and bottlenecks on public streets do to lengthy and uncoordinated construction activity within public rights-of-way. 5. Make efficient use of the limited space below the public right-of-way to ensure both access by private utility and communications companies, as well as economical access to City owned water, storm drain, and sanitary sewer systems. (Ord. 98-2, April 13, 1998) 6-6-2: DEFINITIONS: The following definitions apply to the terms indicated below and found throughout this Section. References hereafter to "sections" are unless otherwise specified references to sections in this Section. Defined terms remain defined terms whether or not capitalized. Applicant: Any person requesting permission to excavate or obstruct a right-of-way. 6-24 City: The City of Otsego, Minnesota. For purposes of Section 6-6-28 of this Code, City means its elected officials, officers, employees, and agents. Construction Performance Bond: A performance bond, or other form of security posted to ensure the availability of sufficient funds to assure that right-of-way excavation and obstruction work is completed in accordance with the terms of the right-of-way permit, or other applicable State law or local regulation. Degradation: A decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation did not occur. Degradation Cost: The cost of achieve a level of restoration as determined by the City at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in proposed PUD rules parts 78'19.9900 to 7819.9950. Degradation Fee: The estimated fee established at the time of permitting by the City to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost. Delay Penalty: The penalty imposed as a result of unreasonable delays in right-of- way construction. Department: The Department of Public Works of the City. Director: The City Administrator, or his or her designee, or such other person authorized by City Council resolution to carry out the duties assigned to the Director pursuant to this Code. Emergency: A condition that (1) poses a clear and immediate danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement of facilities in order to restore service to a customer. Equipment: Any tangible asset used to install, repair, or maintain facilities in any right-of-way. Excavation Permit: The permit which, pursuant to this Section, must be obtained before a person may excavate in a right-of-way. An excavation permit allows the holder to excavate that part of the right-of-way described in such permit. Excavation Permit Fee: Money paid to the City by an applicant to cover the costs as provided in Section 6-6-11 of this Code. Facility or Facilities: Any tangible asset in the right-of-way required to provide utility service. 6-25 Inspector: The City Engineer, or such other person authorized by the City Council resolution to carry out inspections related to the provisions of this Section. Local Representative: A local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this Section. Management Costs: The actual costs the City incurs in managing its rights-of-way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to collect the work; and revoking right-of-way permits. Management costs do not include payment by a telecommunications right-of-way user for the use of the right-of-way, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minnesota Statutes Sections 237.162 or 237.163 or any ordinance enacted under those sections, or the City fees and costs related to appeals taken pursuant to Section 6-6-3 of this Code. Obstruct: To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. Obstruction Permit: The permit which, pursuant to this Section, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way by placing equipment described therein on the right-of-way for the duration specified therein. Obstruction Permit Fee: Money paid to the City by a permittee to cover costs as provided in Section 6-6-11 of this Code. Patch or Patching: A method of pavement replacement that is temporary in nature. A patch consists of (1) the compaction of the sub -base and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimum of two (2) feet beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the City's five year project plan. Permittee: Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the City under this Section. Person: Any natural or corporate person, business association or other business entity including, but not limited to, a partnership of any kind, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity. 6-26 Probation: The status of a person that has been found in non-compliance with the conditions of this Section. Probationary Period: One year from the date that a person has been notified in writing that they have been put on probation. Registrant: Any person who (1) has or seeks to have its equipment or facilities located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities in the right-of-way. Restoration Cost: The amount of money paid to the City by a permittee to achieve the level of restoration according to plates 1 to 13 of PUD rules. Restore or Restoration: The process by which a right-of-way is returned to the same condition and life expectancy that existed before excavation. Right -of -Way: The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the City. A right-of-way does not include the air waves above a right-of-way with regard to cellular or other non -wire telecommunications or broadcast service. Right -of -Way Permit: Either the excavation permit or the obstruction permit, or both, depending on the context, required by this Section. Service or Utility Service: This includes but is not limited to (1) those services provided by a public utility as defined in Minnesota Statutes 21613.02, Subds. 4 and 6; (2) telecommunications, pipeline, community anterna television, fire and alarm communications, water, electricity, light, heat, cooling energy, or power services; (3) the services provided by a corporation organized for the purposes set forth in Minnesota Statutes 300.03; (4) the services provided by a district heating or cooling system; and (5) cable communications systems as defined in Minnesota Statutes Chapter 238; and (6) a telecommunication right-of-way user as defined in Section 6-6-2. Supplementary Application: An application made to excavate or obstruct more of the right-of-way than allowed by, or to extend, a permit that had already been issued. Telecommunication Rights -of -Way User: A person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right-of-way, that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this Section, a cable communication system defined and regulated under Minnesota Statutes Chapter 2381 and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minnesota Statutes Section 21613.02, a municipality, a municipal gas or power agency organized under Minnesota Statutes Chapters 453 and 453A, or a 6-27 cooperative electric association organized under Minnesota Statutes Chapter 308A, are not telecommunications right-of-way users for purposes of this Section. Unusable Facilities: Facilities in the right-of-way which have remained unused for one year and for which the registrant is unable to provide proof that is has either a plan to begin using it within the next twelve (12) months or a potential purchaser or user of the facilities. (Ord. 98-2, April 13, 1998) 6-6-3: ADMINISTRATION: The Director is the principal City official responsible for the administration of the rights-of-way, right-of-way permits, and the ordinances related thereto. The Director may delegate any or all of the duties hereunder. (Ord. 98- 2, April 13, 1998) 6-6-4: UTILITY COORDINATION COMMITTEE: The City may create an advisory utility coordination committee. Participation on the committee is voluntary. It will be composed of any registrants that wish to assist the City in obtaining information and by making recommendations regarding use of the right-of-way, and to improve the process of performing construction work therein. The Director may determine the size of such committee and shall appoint members from a list of registrants that have expressed a desire to assist the City. (Ord. 98-2, April 13, 1998) 6-6-5: REGISTRATION AND RIGHT-OF-WAY OCCUPANCY: A. Registration. Each person who occupies, uses, or seeks to occupy or use, the right-of-way for purposes of placing, maintaining or repairing any equipment or facilities in the right-of-way, including persons with installation and maintenance responsibilities by lease, sub -lease or assignment, must register with the Director. Registration will consist of providing application information and paying a registration fee. B. Registration Prior to Work. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof in any right-of-way without first being registered with the Director. C. Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a City ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this Section. However, nothing herein relieves a person from compliance with the provisions of the Minnesota Statutes Chapter 216D, "One Call Law." (Ord. 98-2, April 13, 1998) 6-28 6-6-6: REGISTRATION INFORMATION: A. Information Required. The information provided to the Director at the time of registration shall include, but not be limited to: 1. Each of the following, if applicable, registrants name, Gopher One Call registration certification number, address, e-mail address, telephone and facsimile numbers. Z The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative o designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. 3. A certificate of insurance or self -insurance - a. Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State of Minnesota, or a form of self-insurance acceptable to the Director. b. Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the right-of-way by the registrant, its officers, agents, employees and permittees, and (ii) placement and use of facilities in the right-of-way by the registrant, its officers, agents, employees, and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property. C. Naming the City as an additional insured as to whom the coverage required herein are in force and applicable and for whom defense will be provided as to all such coverage. d. Requiring that the Director be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term. e. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the Director in amounts sufficient to protect the City and the public and to carry out the purposes and policies of this Section. 6-29 4. The City may require a copy of the actual insurance policies. 5. If the person is a corporation, a copy of the certificate required to be filed under Minnesota Statutes 300.06 as recorded and certified to by the Secretary of State. 6. A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable State or Federal agency, where the person is lawfully required to have such certificate from said Commission or other State or Federal agency. B. Notice of Changes. The registrant shall keep all of the information listed above current at all times by providing to the Director information as to changes within fifteen (15) days following the date on which the registrant has knowledge of any change. (Ord. 98-2, April 13, 1998) 6-6-7: REPORTING OBLIGATIONS: A. Operations. Each registrant shall, at the time of registration and by December 1St of each year, file a construction and major maintenance plan for underground facilities with the Director. Such plan shall be submitted using a format designated by the Director and shall contain the information determined by the Director to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights-of-way. The plan shall include, but not be limited to, the following information: 1. The locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year (in this section, a "next year project"). 2. To the extent known, the tentative locations and estimated beginning and ending dates for all projects contemplated for the five (5) years following the next calendar year (in this section, a "five year project"). The term "project" in this section shall include both next year projects and five year projects. By January 1St of each year, the Director will have available for inspection in the Director's office a composite list of all projects of which the Director has been informed in the annual plans. All registrants are responsible for keeping themselves informed of the current status of this list. Thereafter, by February 1St, each registrant may change any project in its list of next year projects, and must notify the Director and all other registrants of all such changes in said list. Notwithstanding the foregoing, a registrant may at any time join in a next year project of another registrant listed by another registrant. 6-30 B. Additional Next Year Projects. Notwithstanding the foregoing, the Director will not deny an application for a right-of-way permit for failure to include a project in a plan submitted to the City if the registrant has used commercially reasonable efforts to anticipate and plan for the project. (Ord. 98-2, April 13, 1998) 6-6-8: PERMIT REQUIREMENT: A. Permit Required. Except as otherwise provided in this Code, no person may obstruct or excavate any right-of-way without first having obtained the appropriate right-of-way permit from the Director to do so. 1. Excavation Permit. An excavation permit is required by a registrant to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein. 2. Obstruction Permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. B. Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless such person (1) makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and (2) a new permit or permit extension is granted. C. Delay Penalty. Notwithstanding Section 6-6-8.13, the City shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay penalty shall be established from time to time by City Council resolution. D. Permit Display. Permits issued under this Section shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the Director. (Ord. 98-2, April 13, 1998) 6-6-9: PERMIT APPLICATIONS: Application for a permit is made to the Director. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: A. Registration with the Director pursuant to this Section. 6-31 B. Submission of a completed permit application form, including all required attachments, and sealed drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities. C. Payment of money due the City for: 1. Permit fees, estimated restoration costs, and other management costs. 2. Prior obstructions or excavations. 3. Any undisputed loss, damage, or expense suffered by the City because of applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the City. 4. Franchise or user fees, if applicable. D. Payment of disputed amounts due the City by posting security or depositing in an escrow accounts an amount equal to at least one hundred ten (110) percent of the amount owing. E. When an excavation permit is requested for purposes of installing additional facilities, and the posting of a construction performance bond for the additional facilities is insufficient, the posting of an additional or larger construction performance bond for the additional facilities may be required. (Ord. 98-2, April 13, 1998) 6-6-10: ISSUANCE OF PERMIT; CONDITIONS: A. Permit Issuance. If the applicant has satisfied with requirements of this Section, the Director shall issue a permit. B. Conditions. The Director may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. (Ord. 98-2, April 13, 1998) 6-6-11: PERMIT FEES: A. Excavation Permit Fee. The excavation permit fee shall be established by the Director in an amount sufficient to recover the following costs: 1. The City management costs. 2. Degradation costs, if applicable. 6-32 B. Obstruction Permit Fee. The obstruction permit fee shall be established by the Director and shall be in an amount sufficient to recover the City management costs. C. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The City may allow the applicant to pay such fees within thirty (30) days of billing. D. Non -Refundable. Permit fees that were paid for a permit that the Director has revoked for a breach as stated in Section 6-6-21 are not refundable. (Ord. 98-2, April 13, 1998) 6-6-12: RIGHT-OF-WAY PATCHING AND RESTORATION: A. Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of extraordinary circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under Section 6-6- 15. B. Patch and Restoration. Permittee shall patch its own work. The City may choose to either have the permittee restore the right-of-way or to restore the right-of-way itself. 1. City Restoration. If the City restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If, during the thirty-six (36) months following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the City, within thirty (30) days of billing, all costs associated with having to correct the defective work. 2. Permittee Restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in an amount determined by the City Engineer to be sufficient to cover the cost of restoration. If, within thirty-six (36) months after completion of the restoration of the right-of-way, the City Engineer determines that the right-of-way has been properly restored, the surety on the construction performance bond shall be released. C. Standards. The permittee shall perform patching and restoration according to the standards and with the materials specified or approved by the City Engineer. The City Engineer shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on 6-33 a case-by-case basis. The City Engineer, in exercising this authority, shall comply with PUC standards for right-of-way restoration and shall further be guided by the following considerations: 1. The number, size, depth and duration of the excavations, disruptions, or damage to the right-of-way. 2. The traffic volume carried by the right-of-way; the character of the neighborhood surrounding the right-of-way; 3. The pre -excavation condition of the right-of-way; the remaining life expectancy of the right-of-way affected by the excavation. 4. Whether the relative cost of the method of restoration to the permittee is in reasonable balance with the prevention of an accelerated depreciation of the right-of-way that would otherwise result from the excavation, disturbance or damage to the right-of-way. 5. The likelihood that the particular method of restoration would be effective in slowing the depreciation of the right-of-way that would otherwise take place. D Guarantees. By choosing to restore the right-of-way itself, the permittee guarantees its work and shall maintain it for thirty-six (36) months following its completion. During the thirty-six (36) month period it shall, upon notification from the Director, correct all restoration work to the extent necessary, using the method required by the City Engineer. Said work shall be completed within five (5) business days of the receipt of the notice from the Director, exclusive of weekends, legal holidays, periods during which work cannot be done because of circumstances beyond permittees reasonable control or days when work is prohibited as unseasonal or unreasonable under Section 6-6-15. E. Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the City Engineer, or fails to satisfactorily and timely complete all restoration required by the City Engineer, the City at its option may do such work. In the event the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the City may exercise its rights under the construction performance bond. F. Degradation Cost in Lieu of Restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. (Ord. 98-2, April 13, 1998) 6-34 6-6-13: JOINT APPLICATIONS: A. Joint Application. Registrants may jointly apply for permits to excavate or obstruct the right-of-way at the same place and time. B. With City Projects. Registrants who join in a scheduled obstruction or excavation performed by the City, whether or not it is a joint application by two (2) or more registrants or a single application, are not required to pay the obstruction and degradation portions of the permit fee. C. Shared Fees. Registrants who apply for permits for the same obstruction or excavation, which the City does not perform, may share in the payment of the obstruction of excavation permit fee. Registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. (Ord. 98-2, April 13, 1998) 6-6-14: SUPPLEMENTARY APPLICATIONS: A. Limitation on Area. A right-of-way permit is valid only for the area of the right- of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area grater than that specified in the permit must be obstructed or excavated must before working in that greater area: (1) make application for a permit extension and pay any additional fees required thereby, and (2) be granted a new permit or permit extension. B. Limitation on Dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be done before the permit end date. (Ord. 98-2, April 13, 1998) 6-6-15: OTHER OBLIGATIONS: A. Compliance with Other Laws. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, license, and authority and to pay all fees required by the City or other applicable rule, law or regulation. A permittee shall comply with all requirements of local, State, and Federal laws, including Minnesota Statutes 216D.01-09 ("One Call Excavation Notice System"). A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all 6-35 work done in the right-of-way pursuant to its permit, regardless of who does the work. B. Prohibited Work. Except in an emergency, and with the approval of the Director, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. C. Interference with Right -of -Way. A permittee shall not so obstruct a right-of- way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit area, unless parked in conformance with City parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. (Ord. 98-2, April 13, 1998) 6-6-16: DENIAL OF PERMIT: The Director may deny a permit for failure to meet the requirements and conditions of this Section or if the Director determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. (Ord. 98-2, April 13, 1998) 6-6-17: INSTALLATION REQUIREMENTS: The excavation, backfilling, patching, and restoration, and all other work performed in the right-of-way shall be done in conformance with Engineering Standards adopted by the PUC or other applicable local requirements, in so far as they are not inconsistent with the PUC Rules. (Ord. 98- 2, April 13, 1998) 6-6-18: INSPECTION: A. Notice of Completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance with PUC Rules. B. Site Inspection. Permittee shall make the work site available to the City Engineer and to any other City employees or agents and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. C. Authority of Director. 1. At the time of inspection, the Director may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well being of the public. 6-36 2. The Director may issue an order to the permittee for any work which does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the permittee shall present proof to the Director that the violation has been corrected. If such proof has not been presented within the required time, the Director may revoke the permit pursuant to Section 6-6-21. (Ord. 98-2, April 13, 1998) 6-6-19: WORK DONE WITHOUT A PERMIT: A. Emergency Situations. 1. Each registrant shall immediately notify the Director of any event regarding its facilities which is considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Within two (2) business days after the occurrence of the emergency, the registrant shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this Section for the actions is took in response to the emergency. 2. If the Director becomes aware of an emergency regarding a registrant's facilities, the Director will attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the Director may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency. B. Non -Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right- of-way must subsequently obtain a permit, and as a penalty pay double the normal fee for said permit, pay double all the other fees required by this Section, deposit with the Director the fees necessary to correct any damage to the right- of-way and comply with all other requirements of this Section. (Ord. 98-2, April 13, 1998) 6-6-20: SUPPLEMENTARY NOTIFICATION: If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the Director of the accurate information as soon as this information is known. (Ord. 98-2, April 13, 1998) 6-37 6-6-21: REVOCATION OF PERMITS: A. Substantial Breach. The City reserves its right, as provided herein, to revoke any right-of-way permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following.- 1. ollowing: 1. The violation of any material provision of the right-of-way permit. 2. An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetuate any fraud or deceit upon the City or its citizens. 3. Any material misrepresentation of fact in the application for a right-of-way permit. 4. The failure to complete the work in a timely manner, unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control. 5. The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to Section 6-6-18. B, Written Notice of Breach. If the Director determines that the permittee has committee a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit, the Director shall make a written demand upon the permittee to remedy such violation. The demand shall state the continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the Director, at his or her discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. C. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of the breach, permittee shall provide the Director with a plan, acceptable to the Director, that will cure the breach. Permittee's failure to so contact the Director, or the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. Further, permittee's failure to so contact the Director, or the permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall automatically place the permittee on probation for one (1) full year. D. Cause for Probation. From time to time, the Director may establish a list of conditions of the permit, which if breached, will automatically place the permittee on probation for one (1) full year, such as, but not limited to, working out of the 6-38 allotted time period or working on right-of-way grossly outside of the permit authorization. E. Automatic Revocation. If a permittee, while on probation, commits a breach as outlined above, permittee's permit will automatically be revoked and permittee will not be allowed further permits for one (1) full year, except for emergency repairs. F. Reimbursement of City Costs. If a permit is revoked, the permittee shall also reimburse the City for the City's reasonable costs, including restoration costs and the cost of collection and reasonable attorneys' fees incurred in connection with such revocation. (Ord. 98-2, April 13, 1998) 6-6-22: MAPPING DATA: A. Information Required. Each registrant shall provide mapping information required by the City in accordance with PUC Rules. B. Trade Secret Information. At the request of any registrant, any information requested by the City, which qualifies as a "trade secret" under Minnesota Statutes 13.37(b) shall be treated as trade secrete information as detailed therein. (Ord. 98-2, April 13, 1998) 6-6-23: LOCATION OF FACILITIES: A. Under -grounding. Unless otherwise permitted by an existing franchise or Minnesota Statutes 216B.34, or unless existing above -ground facilities is repaired or replaced, new construction and the installation of new facilities and replacement of old facilities shall be done underground or contained within buildings or other structures in conformity with applicable codes. B. Corridors. 1. The City Engineer may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the City Engineer expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the Director involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. 2. Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the City Engineer shall, no later than at the time of the next reconstruction or excavation of the area where the 6-39 facilities are located, move the facilities to the assigned position within the right-of-way, under this requirement is waived by the Director for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the registrant. C. Nuisance. One (1) year after the passage of this Section, any facilities found in a right-of-way that have not been registered shall be deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the right-of-way to a usable condition. D. Limitation of Space. To protect health, safety, and welfare or when necessary to protect the right-of-way and its current use, the Director shall have the power to prohibit or limit the placement of new or additional facilities within the right-of- way. In making such decisions, the Director shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future City plans for public improvements and development projects which have been determined to be in the public interest. (Ord. 98-2, April 13, 1998) 6-6-24: RELOCATION OF FACILITIES: A. A registrant must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its facilities in the right-of- way whenever the Director for good cause requests such removal and relocation, and shall restore the right-of-way to the same conditions if it was in prior to said removal or relocation. The Director may make such request to prevent interference by the company's equipment or facilities with (1) a present or future City use of the right-of-way, (2) a public improvement undertaken by the City, (3) an economic development project in which the City has an interest or investment, (4) when the public health, safety and welfare require it, or (5) when necessary to prevent interference with the safety and convenience of ordinary travel over the right-of-way. B. Notwithstanding the foregoing, a person shall not be required to remove or relocate its facilities from any right-of-way which has been vacated in favor of a non-governmental entity unless and until the reasonable costs thereof are first paid to the person thereof. (Ord. 98-2, April 13, 1998) 6-6-25: PRE -EXCAVATION FACILITY AND FACILITIES LOCATION: In addition to complying with the requirements of Minnesota Statutes 216D.01-09 ("One 6-40 Call Excavation Notice System") before the start date of any right-of-way excavation, each registrant who has facilities or equipment in the area to be excavated shall mark the horizontal and approximate vertical placement of all said facilities. Any registrant whose facilities is less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its facilities and the best procedure for excavation. (Ord. 98-2, April 13, 1998) 6-6-26: DAMAGE TO OTHER FACILITIES: A. When the City does work in the right-of-way and finds it necessary to maintain, support, or move a registrant's facilities to protect it, the Director shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within thirty (30) days from the date of billing. B. Each registrant shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damages. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the City's response to an emergency occasioned by that registrant's facilities. (Ord. 98-2, April 13, 1998) 6-6-27: RIGHT-OF-WAY VACATION: A. Reservation of Right. If the City vacates a right-of-way which contains the facilities of a registrant, and if the vacation does not require the relocation of registrant's or permittee's facilities, the City shall reserve, to and for itself and all registrants having facilities in the vacated right-of-way, the right to install, maintain and operate any facilities in the vacated right-of-way and to enter upon such right-of-way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same. B. Relocation of Facilities. If the vacation requires the relocation of registrant's facilities; and (1) if the vacation proceedings are initiated by the registrant or permittee, the registrant or permittee must pay the relocation costs; or (2) if the vacation proceedings are initiated by the City, the registrant or permittee must pay the relocation costs unless otherwise agreed to by the City and the registrant or permittee; or (3) if the vacation proceedings are initiated by a person or persons other than the registrant or permittee, such other person or persons must pay the relocation costs. (Ord. 98-2, April 13, 1998) 6-6-28: INDEMNIFICATION AND LIABILITY: By registering with the Director, or by accepting a permit under this Ordinance, a registrant or permittee agrees as follows: 6-41 A. Limitation of Liability. By reason of the acceptance of a registration or the grant of a right-of-way permit, the City does not assume any liability (1) for injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the City, or (2) for claims or penalties of any sort resulting fro the installation, presence, maintenance, or operation of facilities by registrants or activities of registrants. B. Indemnification. 1. A registrant or permittee shall indemnify, keep, and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the issuance of permits or by the construction, maintenance, repair, inspection, or operation of registrant's or permittee's facilities located in the right-of-way. 2. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the local government unit's negligence as to the issuance of permits or inspections to ensure permit compliance. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts that the registrant or permittee reasonably believes will cause injury or damage, and the performance is nevertheless ordered or directed by the City after receiving notice of the registrant's or permittee's determination. C. Defense. 1. If a suit is brought against the City under circumstances where the registrant or permittee is required to indemnify, the registrant or permittee, at its sole cost and expense, shall defend the City in the suit if written notice of the suit is promptly given to the registrant or permittee within a period in which the registrant or permittee is not prejudiced by the lack or delay of notice. 2. If the registrant or permittee is required to indemnify and defend, it shall thereafter have control of the litigation, but the registrant or permittee may not settle the litigation without the consent of the City. Consent will not be unreasonably withheld. 3. This part is not, as to third parties, a waiver of any defense, immunity, or damage limitation otherwise available to the City. 4. In depending an action on behalf of the City, the registrant or permittee is entitled to assert in an action every defense, immunity, or damage limitation that the City could assert in its own behalf. (Ord. 98-2, April 13, 1998) 6-42 6-6-29: ABANDONED AND UNUSABLE FACILITIES: A. Discontinued Operations. A registrant who has determined to discontinue its operations in the City must either: 1. Provide information satisfactory to the Director that the registrant's obligations for its facilities in the right-of-way under this Section have been lawfully assumed by another registrant. 2. Submit to the Director a proposal and instruments for transferring ownership of its facilities to the City. If a registrant proceeds under this clause, the City may, at its option: a. Purchase the facilities; or b. Require the registrant, at its own expense, to remove it; or C. Require the registrant to post a bond in an amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the facilities. B. Abandoned Facilities. Facilities of a registrant who fails to comply with Section 6-6-29.A and which, for two (2) years, remains unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to (1) abating the nuisance, (2) taking possession of the facilities and restoring it to a usable condition, or (3) requiring removal of the facilities by the registrant, or the registrant's successor in interest. C. Removal. Any registrant who has unusable and abandoned facilities in any right-of-way shall remove it from that right-of-way during the next scheduled excavation, unless this requirement is waived by the Director. (Ord. 98-2, April 13, 1998) 6-6-30: APPEAL: A. A right-of-way user that (1) has been denied registration; (2) has been denied a permit; (3) has had a permit revoked; or (4) believes that the fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request, by the City Council. The City Council shall act on a written request in a timely manner. A decision by the City Council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. 6-43 B. Upon affirmation by the City Council of the denial, revocation, or fee imposition, the right-of-way user shall have the right to have the matter resolved by binding arbitration. Binding arbitration must be before an arbitrator agreed to by both the City Council and right-of-way user. If the parties cannot agree on an arbitrator, the matter must be resolved by a three (3) person arbitration panel made up of one (1) arbitrator selected by the City, one (1) arbitrator selected by the right-of- way user, and one (1) selected by the other two (2) arbitrators. The costs and fees of single arbitration shall be borne equally by the City and right-of-way user. In the event there is a third (3rd) arbitrator, each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the third (3 d) arbitrator and of the arbitration. (Ord. 98-2, April 13, 1998) 6-6-31: RESERVATION OF REGULATORY AND POLICE POWERS: A permittee's or registrant's rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. (Ord. 98-2, April 13, 1998) 6-6-32: SEVERABILITY: If any section, subsection, sentence, clause, phrase, or portion of this Section is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. If a regulatory body or a court of competent jurisdiction should determine by a final, non -appealable order that any permit, right or registration issued under this Section or any portions of this Section is illegal or unenforceable, then any such permit, right or registration granted or deemed to exist hereunder shall be considered as a revocable permit with a mutual right in either party to terminate without cause upon giving sixty (60) days written notice to the other. The requirements and conditions of such a revocable permit shall be the same requirements and conditions as set forth in the permit, right or registration, respectively, except for conditions relating to the term of the permit and the right of termination. Nothing in this Section precludes the City from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. 6-44 CHAPTER 7 BUSINESSES AND LICENSES Page Section 1 Mechanical Amusement Devices .................................. 7-2 Section 2 Non -Intoxicating Malt Liquors ....................................... 7-13 Section 3 Intoxicating Liquors .................................................... 7-22 Section 4 Sunday Liquor Ordinance ............................................ 7-32 Section 5 Special Events.......................................................... 7-33 Section 6 Gas Franchise........................................................... 7-36 Section7 Mining...................................................................... 740 Section 8 Solid Waste............................................................... 7-61 Section 9 Cable Ordinance......................................................... 7-86 7-1 SECTION 1 MECHANICAL AMUSEMENT DEVICES Section 7-1-1 Mechanical Amusement Devices 7-1-2 Arcades 7-1-3 Penalty 7-1-4 Billiard Halls and Pool Halls 7-1-5 Bowling Alleys 7-1-1: MECHANICAL AMUSEMENT DEVICES: A. Definition. Unless the context clearly indicates otherwise, the words, combination of words, terms and phrases used in this Section have the meanings stated in the following paragraphs: 1. Mechanical amusement device shall mean any machine which upon the insertion of a coin, slug, token, plate, or disk can be operated by the public for use as a game, entertainment or amusement, whether or not it registers a score. It shall include such devices as pinball machines, skill ball, electronic darts, mechanical pool tables, mechanical bowling lanes, video games, and all games, operations, or transactions similar to these not matter how they are identified. 2. Mechanical ride shall mean a device which, upon the insertion of a coin, slug, token, plate, disk, or key into a slot, or other opening, or by the payment of any price, operates to produce motion of any type on or within the device in order to entertain individuals. 3. Mechanical music box shall mean any machine, such as or similar to a juke box, which plays music when a coin, slug or token is inserted. B. Scope of Ordinance. This ordinance does not apply to mechanical amusement devices, mechanical rides, or mechanical music boxes which are held or kept in storage or for sale, and which are not actually in use or displayed for use in the City, nor shall it apply to such devices which are owned or operated by the City. C. License Requirement. 1. Any person displaying for public use or keeping for operation any mechanical amusement device, mechanical ride or mechanical music box, as defined above, shall be required to obtain a license. 7-2 2. No license shall be issued to any applicant who is an alien, a foreign corporation, or has not yet reached eighteen (18) years of age. 3. Nothing in this Ordinance shall be construed to authorized, license or permit any gambling device as defined by State law or any mechanism that has been judicially determined to be a gambling device under Minnesota State law. D. Application for License. Application for license must be made to the City Clerk or Deputy Clerk on a form approved by the City Council. A license may be secured by either the owner of the machine or by the person in whose place of business the machine will be placed for public use. The application must include the following information: 1. The applicant's name, address, age, and date and place of birth. 2. Any prior convictions for criminal offenses of the applicant, if any. 3. The place where the device, ride, or mechanical music box will be displayed for public use, and the business conducted at that place. 4. A description of the machines to be covered by the licenses, including a description of their purpose, mechanical features, name of the manufacturer and serial number. E. License Investigation and Issuance. A copy of the application shall be referred to the City Council or a designated inspector who will investigate the proposed location of the machine and ascertain whether the applicant is a person of good moral character. The City Clerk or other designated investigator shall submit a written report to the City Council. The City Council, in its discretion, may grant or refuse to grant the license. F. License Fees and Terms. 1. Temporary or Special Events Licenses. A temporary license shall be four dollars ($4.00) per machine, however, if the machines are used in an event where there are ten (10) or more such machines, the total temporary fee shall not exceed forty dollars ($40.00). A temporary license shall be effective for a period of thirty (30) days. 2. Annual License. An annual license shall be effective for one (1) year from the date of City Council approval. Each license must be renewed on the anniversary date of its approval. 7-3 a. The annual license fee for a mechanical amusement device shall be twenty-four dollars ($24.00) per machine. b. The annual license fee for a mechanical ride shall be twenty-four dollars ($24.00). G. Display of License. The license or licenses shall be posted permanently and conspicuously at the location of the machine in the premises where the machine is to be operated or maintained. H. Transferability. 1. Any license obtained under the Ordinance may be transferred from one machine or device upon application to the City Clerk. The applicant shall include a description of both the transferor and transferee machine and their respective serial numbers. No more than one (1) machine or device shall be operated under one (1) license and the applicant or licensee shall be required to secure a license for each and every machine displayed or operated on the premises. 2. Licenses are issued for one location only, and such licenses are non- transferable between locations. (Ord. 5, May 2, 1988) 7-1-2: ARCADES: A. Definition. For the purpose of this Section, the term "arcade" shall mean a building, structure, or tract of land or separate part of that tract, which has as its principal use or activity the providing of any of the following or any combination of any of the following amusements: 1. Foosball or air hockey. 2. Pinball machines. 3. Illegible skill ball. 4. Any other mechanical or electrical device which is designed to be played by a contestant or contestants for their amusement, whether or not they receive a score or rating based upon performance. B. License Requirement. No person shall operate an arcade without first paying a license fee and obtaining and having on the arcade premises a current license as provided by this Ordinance. This license requirement is in addition to any license required for the operation of mechanical amusement devices, mechanical rides, or mechanical music boxes. 7-4 C. Application. Persons desiring to operate an arcade or to renew a license to conduct such activity shall file an application with the City Clerk or Deputy Clerk on forms prepared by the City Council for that purpose. This application form shall contain the following information along with any other information the City Council may require: 1. Name, address, date of birth, and age of applicant. 2. Address of the proposed arcade. 3. The names and addresses of all persons owning or having an interest in the licensed premises. If the entity seeking licensure is a corporation, the application shall include the names and addresses of all corporate officers and directors, and all shareholders who own alone or in conjunction with their spouse or children more than ten (10) percent of the issued shared of corporate stock. 4. If the licensed business is owned by a corporation, a copy of the certificate of incorporation, articles of incorporation, and bylaws of the corporation. 5 Name and address of the manager or managers who will supervise the licensed facility. 6. Whether any of the persons listed in Sections 7-1-2.C.1, 7-1-2.C.3 and 7- 1-2.C.5 of this Code have been engaged in the business of operating an arcade in the last two (2) years. 7. Whether any of the persons listed in Sections 7-1-2.C.1, 7-1-2.C.3 and 7- 1-2.C.5 of this Code have been convicted of a crime or have had an application for an arcade license denied, revoked, or suspended within the last five (5) years. D. Fees and License Period. The license shall be effective for one (1) year, and must be renewed on the one (1) year anniversary of City Council approval. The license fee shall be twenty-four dollars ($24.00) per machine per year. The entire fee shall accompany the application and is only refundable if the application is withdrawn before the City Council considers the application. E. Procedure for Granting or Rejecting License Application. 1. All applications for arcade licensing shall be forwarded to the City Clerk or Deputy Clerk, or an independent investigator appointed by the City Council. The Clerk or Deputy Clerk or independent investigator to which the application has been referred shall make their report and recommendations in writing. 7-5 2. The application and all recommendations shall be submitted to the City Council, which shall decide whether to grant or deny the requested license. If the license is granted, the City Council may impose special conditions on the license if the City Council finds such conditions to be necessary due to particular circumstances related to a particular application. F. Ineligibility for License. 1. If either the applicant or manager of the applying business is under eighteen (18) years of age, an alien or a foreign corporation, such condition shall render applicant ineligible for a license. 2. If the applicant, manager, or persons owning the licensed activity: a. Is not a person of good moral character and repute. b. Has been convicted of an offense related to the conduct of the proposed business. C. Has operated a similar business elsewhere which operation did not substantially comply with the provisions of this Ordinance, or ordinances in that jurisdiction relating to the manner in which an arcade business should be conducted. G. Conditions of Licensure. The following conditions shall govern the issuance and holding of all licenses granted pursuant to this Ordinance: 1. Only premises within a designated commercial zone, as determined by the Wright County Planning Commission, may be licensed. 2. No arcade may be located on land adjacent to a residential or a multiple residential area of the City. 3. Arcades shall only be operated during normal business hours. 4. Consumption of alcoholic beverages, whether classified as intoxicating or non -intoxicating, or use of controlled substances shall not be permitted on any part of the licensed premises. 5. The arcade shall be in compliance with all applicable State and local health, zoning and building regulations. 6. The licensee shall be responsible for maintaining order on all parts of the premises at all times. 7-6 7. The licensee shall not permit any betting, wagering, or gambling on the licensed premises. 8. All mechanical amusement devices, mechanical rides, or mechanical musical boxes on the arcade premises must be currently licensed by the City. 9. The arcade shall be located and operated so as not to be likely to cause injury or damage to persons or property in the neighborhood, or to be injurious, annoying or disruptive to the patrons of other local businesses located in the area. 10. The applicant or manager designated in the license application shall be present on the premises during all hours of operation. If a new manager is hired by the applicant, he may not start his supervisory tasks until he has been approved by the City Council. H. Bonding. 1. Upon filing an application for license, the applicant must file with the City a bond with corporate surety in the amount of one thousand dollars ($1,000.00). 2. The surety company issuing the bond shall lawfully licensed to do business in the State of Minnesota. This bond must be approved by the City Attorney as to form and execution and shall be deposited with the City Clerk or Deputy Clerk. 3. The required bond is conditioned as follows: a. The licensee must obey all laws applicable to the licensed business. b. The license shall, when due, pay to the City all taxes, license fees, penalties, or other lawful charges. C. The required bond shall be forfeited to the City upon any violation of a law relating to the business for which the license has been granted. 4. A bond shall be kept in full force and effect throughout the license period for each arcade. Suspension or Revocation. The City Council may suspend an arcade's license for a period of up to sixty (60) days or revoke the license whenever the 7-7 licensee, its owner, manager, or any employee have engaged in any of the following conduct: 1. Fraud, deception, or misrepresentation in procuring the license. 2. Conduct injurious to the interests of public health, safety, welfare, or morals. 3. Conduct involving moral turpitude. 4. Conviction of an offense involving moral turpitude by a court of competent jurisdiction. 5. Conduct which would be grounds for initial denial of license application, or failure to comply with any provisions of this Ordinance. If the license holders' license is to be suspended or revoked, they shall be granted a hearing. Ten (10) days notice must be given the licensee before such a hearing, the notice shall also include the time and place of the hearing and indicate what charges are being made against the licensee. J. Unlawful Acts. The following acts are unlawful. - 1 . nlawful:1. To operate an arcade while the licensee is ineligible for license or when an issued license has been revoked. 2. To falsify information on a license application or make misrepresentations in the course of procuring a license. 3. To operate an arcade in violation of the conditions of licensure. 7-1-3: PENALTY: Any person violating provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not more than seven hundred dollars ($700.00) or imprisonment not to exceed ninety (90) days, or both. (Ord. 5, May 2, 1988) 7-1-4: BILLIARD HALLS AND POOL HALLS: A. Applicability. This Section applies to any place, building or structure where one (1) or more billiard or pool table are operated or maintained except for private family use. This Section applies to both business enterprises operated for profit and to social clubs. 7-8 B. License Requirement. Any person, persons, corporation or partnership operating a pool hall or billiard parlor in the City must secure a license. The annual license fee shall be twenty-four ($24.00) per table. This license shall be effective for one (1) calendar year from the date of City Council approval. The license must be annually renewed. C. Application. All license applications shall be filed with the City Clerk or Deputy Clerk. The application shall be signed and sworn to as to its truthfulness by the owner of the establishment, or in the case of a partnership, all of the partners, or in the case of a corporation or association, a majority of the board of directors or other governing body and the persons in charge of the pool hall or billiard parlor. D. Contents of Application. The following information must be contained in the application as the manner, owner, partner, executive officers or directors and/or such shareholders as may collectively own seventy-five (75) percent of the capitol stock. 1. Names, residences, and occupations for the last five (5) years. 2. If any of the persons mentioned above has been convicted of a felony, and if so, the date and place of such conviction and the offense. 3. If any of the above mentioned persons is a habitual user of intoxicating liquors or controlled substances. 4. If any of the above mentioned persons has ever operated, or been employed, or connected with a pool or billiard hall, and if so, its name, address, and dates of that person(s) connection with that establishment, and whether that hall's license was revoked during such connection. 5. Any other information that the City Council may require from time to time. E. Ineligibility for License. 1. The City Council may not issue any license to any person or persons singly or as a group until it finds: a. That all persons connected with the ownership and operation of the pool or billiard hall are responsible individuals of good moral character. b. That no person connected with the establishment's operation is a habitual user of intoxicating liquors or controlled substances or has been convicted of a felony within five (5) years immediately preceding the date of application. 7-9 C. That no person connected with the ownership or operation of the hall has suffered a revocation of any license to operate a pool or billiard hall within five (5) years immediately preceding the date of application, either in this City or in any other place. d. That the proposed billiard or pool hall complies as to construction with all applicable ordinances and laws. 2. The City Council may refuse to grant the license for any reasonable cause. F. Issuance of License and Display. Upon the City Council granting a license to the applicant, and payment of the proper fee, the City Clerk shall issue a license. The license shall indicate the name of the licensee, the name and location of the billiard or pool hall, and the number of tables authorized. This license is not transferable. The license shall be posted in a conspicuous place within the licensed premises. It shall be unlawful for any person to post a license upon premises other than those for which the license was issued, or to destroy or deface any such license. G. Unlawful Acts. It shall be unlawful for any person connected with the ownership or management, including employees, in any licensed billiard or pool hall or any appurtenant or connected place: 1. To permit any form of gambling. 2. To permit persons to become disorderly or to use profane, obscene, or indecent language. 3. To permit operation of the licensed premises beyond normal business hours. 4. To knowingly employ any person previously convicted of a felony. 5. To violate any law, ordinance, license, or permit. H. Penalty. Any persons violating provisions of this Ordinance shall be guilty to a misdemeanor and upon conviction shall be punished by a fine of not more than seven hundred dollars ($700.00) or imprisonment not to exceed ninety (90) days, or both. (Ord. 5, May 2, 1988) 7-1-5: BOWLING ALLEYS: A. Applicability. This Ordinance applies to any place, building, or structure where one (1) or more bowling alleys are operated or maintained except for private 7-10 family use. This Ordinance applies to both business enterprises operated for profit and to social clubs. B. License Requirement. Any person, persons, corporation or partnership operating a bowling alley in the City must secure a license. The annual license fee shall be fifty dollars ($50.00) for the first ten (10) lanes and five dollars ($5.00) for each additional lane. This license shall be effective for one (1) calendar year from the date of City Council approval. The license must be renewed annually. C. Application. All license applications shall be filed with the City Clerk or Deputy Clerk. The application shall be signed and sworn to as to its truthfulness by the owner of the establishment, or in the case of a partnership all of the partners, or in the case of a corporation or association a majority of the board of directors or other governing body and the person in charge of the bowling alley. D. Contents of Application. The following information must be contained in the application as the manager, owner, partner, executive officers or directors and/or such shareholders as may collectively own seventy-five (75) percent of the capital stock: 1. Names, residences, and occupations for the last five (5) years. 2. If any of the persons mentioned above has been convicted of a felony, and if so, the date and place of such conviction and the offense. 3. If any of the above mentioned persons is a habitual user of intoxicating liquors or controlled substances. 4, If any of the above mentioned persons has ever operated, or been employed, or connected with a bowling alley, and if so, its name, address, and dates of that person(s) connection with that establishment, and whether that bowling alley's license was revoked during such connection. 5. Any other information that the City Council may require from time to time. E. Ineligibility for License. 1. The City Council may not issue any license to any person or persons singly or as a group until it finds: a. That all persons connected with the ownership and operation of the bowling alley are responsible individuals of good moral character. b. That no person connected with the establishment's operation is a habitual user of intoxicating liquors or controlled substances or has 7-11 been convicted of a felony within five (5) years immediately preceding the date of application. C. That no person connected with the ownership or operation of the bowling alley has suffered a revocation of any license to operate a bowling alley within five (5) years immediately preceding the date of application, either in this City or in any other place. d. That the proposed bowling alley complies as to construction with all applicable ordinances and laws. 2. The City Council may refuse to grant the license for any reasonable cause. F. Issuance of License and Display. Upon the City Council granting a license to the applicant and payment of the proper fee, the City Clerk shall issue a license. The license shall indicate the name of the licensee, the name and location of the bowling alley, and the number of lanes authorized. This license is not transferable. The license shall be posted in a conspicuous place within the licensed premises. It shall be unlawful for any person to post a license upon premises other than those for which the license was issued, or to destroy or deface any such license. G. Unlawful Acts. It shall be unlawful for any person connected with the ownership or management, including employees, in any licensed bowling alley or any appurtenant or connected place: 1. To permit any form of gambling. 2. To permit persons to become disorderly or to use profane, obscene, or indecent language. 3. To permit operation of the licensed premises beyond normal business hours. 4. To knowingly employ any person previously convicted of a felony. 5. To violate any law, ordinance, license, or permit. H. Penalty. Any persons violating provisions of this Ordinance shall be guilty to a misdemeanor and upon conviction shall be punished by a fine of not more than seven hundred dollars ($700.00) or imprisonment not to exceed ninety (90) days, or both. (Ord. 5, May 2, 1988) 7-12 SECTION 2 NON -INTOXICATING MALT LIQUORS Section 7-2-1 Definitions 7-2-2 Provisions of State Law Adopted 7-2-3 License Requirement 7-2-4 License Application 7-2-5 License Fees 7-2-6 Granting of License 7-2-7 Persons Ineligible for License 7-2-8 Place Ineligible for License 7-2-9 Conditions of License 7-2-10 Hours of Operation 7-2-11 Clubs 7-2-12 Restrictions on Purchase and Consumption 7-2-13 Suspension and Revocation 7-2-14 Penalty 7-2-1: DEFINITIONS: The definitions contained in Minnesota Statutes 340A.101 are hereby adopted and incorporated within this Section by reference. The term "beer' will be substituted for non -intoxicating malt liquor throughout this Section. (Ord. 91-07, Feb. 11, 1991) 7-2-2: PROVISIONS OF STATE LAW ADOPTED: The provisions of Minnesota Statutes 340A et seq relating to licensing, consumption, sales, hours of sale, and all other matters pertaining to the retail sale, distribution and consumption of non - intoxicating malt liquor are adopted and made a part of this section as if set out in full. (Ord. 91-07, Feb. 11, 1991) 7-2-3: LICENSE REQUIREMENT: A. Licenses. No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, any beer within the City without first having received a license as hereinafter provided. Licenses shall be of three (3) kinds: regular "on -sale", temporary "on -sale", and "off -sale." B. Temporary On -Sale. Temporary on -sale licenses shall be granted only to bona fide clubs or charitable, religious or non-profit organization for the sale of beer for consumption on the premises only. 7-13 C. Regular On -Sale. Regular on -sale licenses shall be granted only to clubs, drug stores, restaurants, hotels, bowling centers and establishments used exclusively for the sale of beer with the incidental sale of tobacco and soft drinks. On -sale licenses shall permit the sale of beer for consumption on the premises only. D. Off -Sale. Off -sale licenses shall permit the sale of beer at retail in the original in the original package for consumption off the premises only. (Ord. 91-07, Feb. 11, 1991) 7-2-4: LICENSE APPLICATIONS: A. Regular On -Sale and Off -Sale Licenses. 1. Form. Every application for such licenses shall be made to the City Clerk on a form supplied by the City and containing such information as the Clerk or Council may require. 2. Proof of Insurance. Applicants shall provide proof of insurance in accordance with the requirements of this Section. 3. Evidence of Violations. Every application for the issuance or renewal of a license shall include a copy of each summons received by the applicant under Minnesota Statutes 340A.802 during the preceding year. 4. Process. The City Clerk shall perform a background investigation on each applicant as required by applicable Minnesota Statutes, this Section and the directions of the City Council. The results of the investigation shall be reported to the Council for consideration before any hearing considering the issuance of said license. 5. False Statements. It shall be unlawful to make any false statements in an application. B. Temporary On -Sale Licenses. 1. Form. Every application for such license shall be made to the City Clerk on forms supplied by the City and containing such information as the Clerk or Council may require. 2. Affidavit of Fitness. Applicant shall be required to provide a sworn affidavit of character. Said affidavit to be in a form approved by the City Attorney. 3. Proof of Insurance. Applicant shall provide proof of insurance in accordance with the requirements of this Section. 7-14 4. Delegation of Council Authority. The Council may delegate authority to issue temporary on -sale license to the Deputy Clerk, City Administrator or other such City official who reports directly to the Council and is responsible for the day to day management of the City's administrative affairs regardless of title. 5. Process. If the Council has delegated the authority to issue temporary on - sale licenses to a City official, that official shall review the required application materials and determine whether the applicant meets the requirements of this Section. If the applicant meets the requirements, the official shall inform the applicant of the denial, the reasons for the denial and of the applicant's right to appeal to the Council. If the Council ha not delegated its authority to issue temporary on -sale licenses, the City Clerk shall receive the application, review it, and report to the Council. The Council shall conduct a hearing and decide the matter in the manner prescribed for regular licenses. 6. False Statements. It shall be unlawful to make any false statements in an application. (Ord. 93-7, July 26, 1993) 7-2-5: LICENSE FEES: A. Payment Required. Each application for a license shall be accompanied by a receipt from the Clerk for payment in full of the required fee for the license. All fees shall be paid into the general fund of the City. Upon rejection of any application for a license, the Clerk shall refund the amount paid. B. Expiration; Pro Rata Fees. Every license except a temporary license shall expire on the last day of June of each year. Each license, except a temporary license, shall be issued for a period of one (1) year, except that if a portion of the license year has elapsed when the license is granted, the license shall be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one month. A temporary license shall be issued for a specific period in which a special event to which the sale is incident is being held and such period shall be stated on the license. C. Fees. The annual fee for an off -sale beer license is fifty dollars ($50.00). The annual fee for an on -sale beer license is seventy-five dollars ($75.00). The fee for a temporary license is twenty-five dollars ($25.00) per day. D. Refunds. No part of the fee paid for any license issued under this section shall be refunded except in the following instances upon application to the City Council within thirty (30) days from the happening of the event. There shall be refunded a pro rata portion of the fee for the unexpired period of the license, computed on 7-15 a monthly basis, when operation of the licensed business ceases not less than one (1) month before expiration of the license because of: 1. Destruction or damage of the licensed premises by fire or other catastrophe. 2. The licensee's illness. 3. The licensee's death. 4. A change in the legal status of the municipality making it unlawful for the licensed business to continue. 5. The business ceases to be lawful for a reason other than a license revocation. 6. The licensee ceases to carry on the licensed business under the license. 7-2-6: GRANTING OF LICENSE: A. Investigation and Hearing. The City Council or its designees shall investigate all facts set out in the application. After such investigation, and upon review of the result of said investigation, the Council shall grant or refuse the application in its sole discretion. (Ord. 02-04, March 25, 2002) B. Transfers. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the Council. (Ord. 91-07, Feb. 11, 1991) C. Proof of Financial Responsibility. Prior to issuance of license, the applicant shall file with the City Clerk proof of financial responsibility with regards to liability imposed by Minnesota Statutes 340A.801, by filing with the City one (1) of the following: 1. A certificate showing insurance against general liability and that imposed by Minnesota Statutes 340A.801 in the amount of fifty thousand dollars ($50,000.00) coverage for bodily injury to any one (1) person in any one (1) occurrence, one hundred thousand dollars ($100,000.00) coverage for two (2) or more persons in any one (1) occurrence, ten thousand dollars ($10,000.00) coverage because of injury to or destruction of property of others in any one (1) occurrence, fifty thousand dollars ($50,000.00) coverage for loss of means of support of any one (1) person in any one (1) occurrence, and one hundred thousand dollars ($100,000.00) for loss of means of support of two (2) or more persons in any one (1) occurrence. 7-16 2. A surety bond with minimum coverage as provided in Section 7-2-6.C.1 or a certificate of the State Treasurer or securities in accordance with Minnesota Statutes 340A.409. 3. Every license shall further demonstrate proof of financial responsibility by filing the insurance certificate, surety bond, or State Treasurer's certificate with the Commission of Public Safety in compliance with Minnesota Statutes 340A.409, Subd. 1 except that if a license involves sales of beer of a prospective vendor who is not required by law to file such proof with the Commission of Public Safety, such proof need only be filed with the City Clerk. 4. The liability insurance policy required by Section 7-2-6.C.1 of this section shall provide that it may not be canceled for: a. Any cause, except for non-payment of premium, by either the insured or the insurer unless the canceling party has first given thirty (30) days notice in writing to the City of intent to cancel the policy; and b. Non-payment of premium unless the canceling party has first given ten (10) days notice in writing to the City of intent to cancel the policy. The insurance certificate required by this section shall be approved as to form by the City Attorney. (Ord. 91-07, Feb. 11, 1991) D. Filing Violation. The operation of an on -sale or off -sale, on -sale, or temporary on -sale beer business without having on file at all time the insurance, bond, or other security required by Section 7-2-6.0 of this Code shall be grounds for immediate revocation of the license. (Ord. 91-07, Feb. 11, 1991) E. Temporary On -Sale License, Provision of Information. Upon granting any temporary on -sale license, the issuance authority shall provide the applicant with a summary of the relevant provisions of this Chapter. Said summary shall include, at a minimum, any restriction on the sale or consumption of beer, restriction on the sale or consumption of beer, restrictions on transfer of the license, any time or date restrictions, restrictions on location of the point of sale, insurance requirements and any requirements for maintaining documents or other filings at the place of sale. (Ord. 93-7, July 26, 1993) 7-2-7: PERSONS INELIGIBLE FOR LICENSE: No license shall be granted to any person made ineligible for such. a license by State law. (Ord. 91-07, Feb. 11, 1991) 7-17 7-2-8: PLACE INELIGIBLE FOR LICENSE: A. General Prohibition. No license shall be granted any place or any business ineligible for such a license under State law. B. Specific Prohibition. No license shall be granted for sale on any premises where a licensee has been convicted of the violation of ordinance, or of the state beer or liquor law, or where any license hereunder has been revoked for cause until one (1) year has elapsed after such conviction or revocation. C. Delinquent Taxes and Charges. No license shall be granted for operation on any premises on which taxes, assessments, or other financial claims of the City are delinquent and unpaid. D. Distance from School or Church. No license shall be granted within five hundred (500) feet of any independent school district owned building or within five hundred (500) feet of any church. (Ord. 91-07, Feb. 11, 1991) 7-2-9: CONDITIONS OF LICENSE: A. General Conditions. Every license shall be granted subject to the conditions in the following subdivisions and all other provisions of this Code and of any other applicable chapter of City or State law. B. Sales to Minors or Obviously Intoxicated Persons. No beer shall be sold or served to any obviously intoxicated person or to any person under twenty-one (21) years of age. C. Consumption by Minors. No person under twenty-one (21) years of age shall be permitted to consume beer on the licensed premises, nor shall any minor who has consumed beer or intoxicating liquor be permitted on the licensed premises. D. Employment of Minors. No persons under eighteen (18) years of age shall be employed on the premises of any establishment used exclusively for the sale of beer with the incidental sale of tobacco and/or soft drinks. E. Gambling. No gambling or any gambling device shall be permitted on any licensed premises, except for pull tabs, lottery, or other State -sanctioned gambling activities. F. Interest of Manufacturers or Wholesalers. No manufacturer or wholesaler of beer shall have any ownership of or interest in any establishment licensed to sell at retail contrary to the provisions of Minnesota Statutes 340A.301, 340A.308, or 340A.309. No retail licensee shall receive any benefit contrary to law from a 7-18 manufacturer or wholesaler of beer and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. G. Liquor Dealer's Stamp. No licensee shall sell beer holding or exhibiting in the licensed premises a Federal retail liquor dealer's special tax stamp unless he is licensed under the laws of Minnesota to sell intoxicating liquors. H. Sales of Intoxicating Liquor. No licensee who is not also licensed to sell intoxicating liquor and who does not hold a consumption or display permit shall sell or permit the consumption and display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the premises of such licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale,- and ale;and the serving of any liquid for the purpose of mixing with intoxicating liquors shall be prima facie evidence that intoxicating liquor is being permitted to be consumed or displayed contrary to this Section. Searches and Seizures. Any peace officer, health officer, or other properly designated office or employee of the City, may enter, inspect, and search the premises of a licensee during business hours without a search and seizure warrant and may seize all intoxicating liquors found on the premises in violation of Section 7-2-9.H. J. Licensee Responsibility. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. The act of any employee on the licensed premises authorized to sell or serve beer shall be deemed the act of the licensee as well, and the licensee shall be liable for all penalties provided by this Section equally with the employee. K. Banquet Rooms. A regular on -sale license shall entitle the holder to serve beer in a separate room of the licensed premises for banquets or dinners at which are present not fewer than twenty-five (25) persons. L. Insurance. Compliance with financial responsibility requirements of State law and this Section is a continuing condition of any license granted pursuant to this Section. (Ord. 91-07, Feb. 11, 1991) 7-2-10: HOURS OF OPERATION: No sale of beer shall be made on any Sunday between one o'clock (1:00) AM and twelve o'clock (12:00) PM nor between one o'clock (1:00) AM and eight o'clock (8:00) AM on Monday through Saturday. No beer shall be sold between the hours of one o'clock (1:00) AM to eight o'clock (8:00) PM on the day of any State-wide election. (Ord. 91-07, Feb. 11, 1991) 7-19 7-2-11: CLUBS: No club shall sell beer except to members and to guests in the company of members. (Ord. 91-07, Feb. 11, 1991) 7-2-12: RESTRICTIONS ON PURCHASE AND CONSUMPTION: A. Age Misrepresentations. No person under twenty-one (21) years shall misrepresent his age for the purpose of obtaining beer. B. Purchasing. No person under the age of twenty-one (21) years shall purchase or attempt to purchase beer. C. Inducing Purchase. No person shall induce a person under twenty-one (21) years of age to purchase or procure beer. D. Entering Licensed Premises. It is unlawful for a person under the age of twenty-one (21) years to enter an establishment licensed under this Section in order to purchase beer or have beer served or delivered to. E. Procurement. No person shall procure beer for any person under the age of twenty-one (21) years, except that a parent or guardian of a minor may give or furnish beer to that person solely for consumption in the household of the parent or guardian. F. Possession. No person under the age of twenty-one (21) years shall have beer in his possession with the intent to consume it at a place other than the household of his parent or guardian. Possession at a place other than the household of a parent or guardian is prima facie evidence of intent to consume it at a place other than the household of the parent or guardian. G. Proof of Age. Proof of age for purchasing or consuming beer may be established only by a valid drivers license or Minnesota identification card, or in the case of a foreign national, by a valid passport. H. Public Consumption. No person shall consume beer on a public street, public sidewalk, or public parking lot unless the location is under a temporary license in force when the consumption takes place. Liquor Consumption and Display. No person shall consume of display any intoxicating liquor on the premises of a licensee who is not also licensed to sell intoxicating liquors or who does not hold a consumption and display permit. (Ord. 91-07, Feb. 11, 1991) 7-20 7-2-13: SUSPENSION AND REVOCATION: A. General. The Council shall either suspend for up to sixty (60) days, or revoke the licensee's license or impose a civil fine not to exceed two thousand dollars ($2,000.00) for each violation on a finding that the licensee has failed to comply with an applicable statute, regulation or ordinance relating to alcoholic beverages. Except in cases of failure of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes 14.57 to 14.69. The lapse of required dram shop insurance or bond, or withdrawal of required deposit of cash or securities, shall effect an immediate suspension of an license issued pursuant to this Section without further action of the City Council. Notice of cancellation, lapse of a current liquor liability policy or bond, or withdrawal of deposited cash or securities shall also constitute notice to the licensee of the impending suspension of the license. The holder of a license who has received notice of lapse of required insurance or bond, or withdrawal of a required deposit, or of suspension or revocation of a license may request a hearing thereon, and if such a request is made in writing to the Clerk, a hearing shall be granted within ten (10) days or such longer period as may be required. Any suspensions under this paragraph shall continue until the City Council determines that the financial responsibility of this Section has again been met. B. Notice. Ten (10) days written notice of suspension or revocation shall be given to the licensee. Said notice shall contain the date, time, and place of the hearing as well as the nature of the charges against the licensee. (Ord. 91-07, Feb. 11, 1991) 7-2-14: PENALTY: Any person violating any provision of this Section is guilty of a misdemeanor and upon conviction shall be punished pursuant to penalty provided by State Statute, and as later amended, plus the costs of prosecution in any case, (Ord. 91-07, Feb. 11, 1991) 7-21 SECTION 3 INTOXICATING LIQUOR Section 7-3-1 Provisions of State Law Adopted 7-3-2 License Requirements 7-3-3 License Application 7-3-4 License Fees 7-3-5 Granting of Licenses 7-3-6 Persons Ineligible for Licenses 7-3-7 Place Ineligible for Licenses 7-3-8 Conditions of License 7-3-9 Closing Hours 7-3-10 Restrictions on Purchase 7-3-11 Suspension and Revocation 7-3-12 Penalties 7-3-1: PROVISIONS OF STATE LAW ADOPTED: The provisions of Minnesota Statutes 340A and subsequent amendments to, relating to the definition of terms, licensing, consumption, sales, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor are adopted and made a part of this Section as if set out in full. (Ord. 91-08, March 11,1991) 7-3-2: LICENSE REQUIREMENT: No person, except a wholesaler or manufacturer, to the extent authorized under State license, shall directly or indirectly deal in, sell, or keep for sale in the City any intoxicating liquor without a license to do so as provided in this Section liquor licenses shall be of four (4) kinds: on -sale, off -sale, temporary on -sale, and on -sale wine license. A. On -Sale Licenses. On -sale licenses shall be issued only to hotels, clubs, restaurants, and exclusive liquor stores, and shall permit on -sale of liquor only. B. Off -Sale Licenses. Off -sale licenses shall be issued only to drug stores and exclusive liquor stores and shall permit off -sale of liquor only. C. Temporary On -Sale License. The City may issue to a club or charitable, religious, or other non-profit organization that has existed for at least three (3) years a temporary on -sale license for the sale of intoxicating liquor in connection with a social event within the City sponsored by the licensee, and subject to restrictions imposed by the State Liquor Act. The license may authorize the on - sale of intoxicating liquor for no more than three (3) consecutive days, and may authorize on -sale on premises not owned or permanently occupied by the 7-22 licensee. No such license is valid unless first approved by the Commissioner of Public Safety. D. On -Sale Wine Licenses. 1. General. The City may issue an on -sale wine license to a restaurant having a seating capacity of at least twenty-five (25) guests, and shall permit only the sale of wine not exceeding fourteen (14) percent alcohol by, for consumption on the licensed premises only, in conjunction with the sale of food. No such license is effective until approved by the liquor control commissioner. 2. Days of Sale. An on -sale wine license shall authorize the sale of wine on al I days of the week. (Ord. 91-08, March 11, 1991) 3. Provision to Sell Intoxicating Malt Liquor. The holder of an on -sale wine license who is also licensed to sell three point two (3.2) percent malt liquor on -sale and whose gross receipts are at least sixty (60) percent attributable to the sale of food, may also sell intoxicating malt liquor on - sale without obtaining an additional license. (Ord. 00-2, March 27, 2000) E. Use of City Owned Facilities. The City may authorize the holder of a regular on -sale intoxicating liquor license issued by the City or by an adjacent City to dispense intoxicating liquor at any convention, banquet, conference, meeting or social affair conducted on the premises of a sports, convention or cultural facility owned by the City or its instrumentalities having independent policy making and appropriating authority. For purposes of this Section, the said premises specifically includes, but is not limited to, the City Hall and its associated community center. The licensee must be engaged to dispense intoxicating liquor at an event held by a person or organization permitted to use the premises and may dispense intoxicating liquor only to persons attending the event. In no case shall any licensee dispense intoxicating liquor to any person attending or participating in an amateur athletic event held on the premises. (Ord. 93-6, July 26, 1993) 7-3-3: LICENSE APPLICATION: A. Form. 1. On -Sale License or On -Sale Wine License. Every application for an on - sale or on -sale wine license allowing the sale of liquor within the City of Otsego on other than a temporary basis shall state the name of the applicant, the applicant's age, representations as to the applicant's character with such references as the Council may require, the applicant's citizenship, the type of license applied for, the business, corporation, 7-23 partnership or other organization controls other liquor licenses in other municipalities, whether or not the applicant has even been denied a liquor license or had a liquor license suspended or revoked in any other jurisdiction including a summary of facts leading to such actions(s), and such other information as the Council may require from time to time. Every application shall also include a copy of each summons and complaint under Minnesota Statutes 340A.802 received by the applicant or any business, corporation, partnership or other organization in which the applicant has been a principal, officer or owner during the preceding year. In addition to containing such information, the application shall be in the form prescribed by the Bureau of Criminal Apprehension and shall be verified and filed with the City Clerk. No person shall make a false statement in an application. 2. Temporary On -Sale License. Applications for a temporary on -sale license shall state the name of the applicant, the applicant's age, representations as to the applicant's character with such references as the Council may require, the applicant's citizenship, the type of license applied for, the business, corporation, partnership or other organization with which is sponsoring the event or occurrence requiring the license, the applicant's relationship to that organization, how long the organization has operated or existed within the City of Otsego, whether or not the applicant or the organization controls any other liquor licenses in the City of Otsego, whether or not the applicant has ever been denied a liquor license or had a liquor license suspended or revoked in the City of Otsego or any adjoining municipality including a summary of facts leading to such action(s), and such other information as the Council may require from time to time. Every application shall also include a copy of each summons and complaint under Minnesota Statutes 340A.802 received by the applicant or the organization during the preceding year. In addition to containing such information, the application shall be in the form prescribed by the Bureau of Criminal Apprehension. The application shall be accompanied by a sworn affidavit in a form approved by the City Attorney attesting to the facts of the application. No person shall make a false statement in an application. (Ord. 93-6, March 11, 1993) Notwithstanding the requirements listed above, any charitable, religious or other non-profit organizations qualified under 501,c of the Internal Revenue Code, which is issued a temporary on -sale license pursuant to Section 7-3-2.0 of this Code, need only provide a certificate showing insurance against general liability and that imposed by Minnesota Statutes 340A.801 in the amount of five hundred thousand dollars ($500,000.00) coverage for bodily injury to any one person in any one occurrence, five hundred thousand dollars ($500,000.00) coverage for two (2) or more persons in any one occurrence, one hundred thousand dollars ($100;000.00) coverage because of injury to or destruction of property of 7-24 others in any one (1) occurrence, one hundred thousand dollars ($100,000.00) coverage for loss of means of support of any one (1) person in any occurrence, and one hundred thousand dollars ($100,000.00) or loss of means of support of two (2) or more persons in any one (1) occurrence. (Ord. 94-10, June 27, 1994) B. Insurance. Every applicant for the issuance of renewal of any on -sale or off - sale license shall demonstrate proof of financial responsibility for filing with the City one (1) of the following: 1. A certificate showing insurance against general liability and that imposed by Minnesota Statutes 340A.801 in the amount of one hundred thousand dollars ($100,000.00) coverage for bodily injury to any one (1) person in any one (1) occurrence, one hundred fifty thousand dollars ($150,000.00) coverage for two (2) or more persons in any one (1) occurrence, one hundred thousand dollars ($100,000.00) coverage because of injury to or destruction of property of others in any one (1) occurrence, one hundred thousand dollars ($100,000.00) coverage for loss of means of support of any one (1) person in any one occurrence, and one hundred thousand dollars ($100,000.00) for loss of means of support of two (2) or more persons in any one (1) occurrence. 2, A surety bond with minimum coverage as provided in Section 7-3-3.13.1 a certificate of the State Treasurer that the licensee has deposited with the State Treasurer at one million five hundred thousand dollars ($1,500,000.00) in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of one million five hundred thousand dollars ($1,500,000.00). 3. Every licensee shall further demonstrate proof of financial responsibility by filing the insurance certificate, surety bond, or State Treasurer's certificate with the Commissioner of Public Safety in compliance with Minnesota Statutes 340.409, Subd. 1, except that if a license involves sales of wine by a prospective vendor who is not required by law to file such proof with the Commissioner of Public Safety, such proof need only be filed with the City Clerk. 4. The liability insurance policy required by Section 7-3-3.13.1 of this Section shall provide that it may not be canceled for any cause, except for non- payment of premium, by the insured or the insurer without first giving thirty (30) days written notice to the City, addressed to the Clerk. The policy shall also provide that it may not be canceled for non-payment of premium unless the canceling party first gives ten (10) days written notice to the City, addressed to the Clerk. 7-25 5. The insurance certificate required by this Section shall be approved as to form by the City Attorney. D. Filing Violation. The operation of an on -sale or off -sale liquor business, or on - sale wine business, without having on file at all times the insurance bond or other security required by Section 7-3-3.13 and 7-3-3.0 of this Code shall be grounds for immediate revocation of the license. (Ord. 91-08, March 11, 1991) 7-3-4: LICENSE FEES: A. Fees. The annual fee for an on -sale liquor license shall be four thousand dollars ($4,000.00). The annual fee for an off -sale liquor license shall be one hundred fifty dollars ($150.00) pursuant to Minnesota Statutes 340A.408, Subd. 3. The annual fee for an on -sale wine license shall be one hundred fifty dollars ($150.00). The fee for a temporary on -sale liquor license shall be twenty-five dollars ($25.00) per day. B. Payment. Each application for a license shall be accompanied by a receipt from the City Clerk for payment in full of the license fee and the investigation fee required under Section 7-3-5.13 of this Code. All fees shall be paid into the general fund. If an application for license is rejected, the Clerk shall refund the amount paid as the license fee. C. Term, Pro Rata Fee. Each license shall be issued for a period of one (1) year except that if the application is made during the license year, a license may be issued for the remainder of the year for a pro rata fee, with any unexpired fraction of a month being counted as one (1) month. Every license shall expire on the last day of June. D. Refunds. No refund of any fee shall be made except as authorized by statute. 7-3-5: GRANTING OF LICENSES: A. Delegation of Authority for Temporary Licenses. The Council may delegate authority to issue temporary on -sale licenses for intoxicating liquor to the Deputy Clerk, City Administrator or other such City official who reports directly to the Council and is responsible for the day to day management of the City's administrative affairs regardless of title. Such delegation shall be made by resolution of the Council. (Ord. 93-6, July 26, 1993) B. Investigation of Applicants Other Than Temporary On -Sale Licenses. The Council shall investigate, or cause to be investigated, preliminarily all facts set out in any application for an on -sale license or any application for transfer of an existing on -sale license. If the Council deems it in the public interest to have an 7-26 investigation made on a particular application for renewal of an on -sale license, it shall so determine. In any case, if the Council determines that a comprehensive background and financial investigation of the applicant is necessary, it may conduct the investigation itself or contract with another agency. No license shall be issued, transferred, or renewed if the results show to the satisfaction of the Council that issuance would not be in the public interest. (Ord. 93-6, July 26, 1993) C. Investigation of Applicants for Temporary On -Sale Licenses. If the Council has delegated the authority to issue temporary on -sale licenses in accordance with Section 7-3-5.A of this Code, as amended, the delegee shall review the facts set out in the application, the insurance information provided by the applicant and the affidavit provided by the applicant. If the application is complete in form and the facts indicate the applicant is of good moral character and repute, the delegee shall grant the license without hearing by the Council or other process required by this Section. The delegee, in the delegee's discretion, may refer the application to the Council for its consideration in which case the application shall be considered in the manner provided for other licenses for sale of intoxicating liquor. If the application is denied, the applicant may appeal to the Council for a hearing on the matter. A request for a hearing on a denial must be made in writing and within thirty (30) days of the denial. The Council shall ear the applicant at the next regularly scheduled meeting after receipt of the notice of appeal. No temporary on -sale license is valid until such time as it, together with the security furnished by the applicant, has been approved by the Commissioner of Public Safety. (Ord. 93-6, July 26, 1993) D. Hearing. The City Council or its designee(s), shall investigate all facts set out in the application and not investigated in the preliminary background and financial investigation conducted pursuant to Section 7-3-5.A. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the Council shall in its discretion, grant or refuse the application. No on -sale wine license or off -sale liquor license shall become effective until it, together with the security furnished by the applicant, has been approved by the Commissioner of Public Safety. (Ord. 91-08, March 11, 1991) Ee Investigation Fee. Along with the initial application fee or application for transfer of an existing on -sale license, the applicant shall be required to remit an investigation fee of five hundred dollars ($500.00) if it is determined that the investigation, required by Minnesota Statutes 340A.412 can be accomplished within the State of Minnesota. If it is determined that said investigation will have to be conducted outside of the State, the investigation fee shall be the actual cost of such investigation not to exceed ten thousand dollars ($10,000.00). All investigations shall be conducted by the City Council, the Wright County Sheriff's Office, or other agency as designated by the Otsego City Council. (Ord. 91-08, March 11, 1991) 7-27 F. Person and Premises License; Transfer. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person, or place without Council approval. Any transfer of stock of a corporate licensee is deemed a transfer of the license, and a transfer of stock without prior Council approval is grounds for revocation of the license. (Ord. 91-08, March 11, 1991) 7-3-6: PERSONS INELIGIBLE FOR LICENSE: No license shall be granted to any person ineligible for such license under State law. No more than one (1) intoxicating liquor license shall be directly or indirectly issued within the City to any one (1) person. (Ord. 91-08, March 11, 1991) 7-3-7: PLACE INELIGIBLE FOR LICENSE: A. General Prohibition. No license shall be issued for any place or any business ineligible for such a license under State law. B. Delinquent Taxes and Charges. No license shall be granted for operation on any premises on which taxes, assessments, or other financial claims of the City are delinquent and unpaid. C. Distance from School or School. No license shall be granted within five hundred (500) feet of any independent school district building or within five hundred (500) feet of any church. (Ord. 91-08, March 11, 1991) 7-3-8: CONDITIONS OF LICENSE: A. In General. Every license is subject to the conditions in the following subdivisions and all other provisions of this Section and of any other applicable ordinances, State law, or regulation. B. Insurance. Compliance with financial responsibility requirements of State law and of this Section is a continuing condition of any license granted pursuant to this Section. C. Licensee's Responsibility. Every licensee is responsible for the conduct of his place of business and the conditions of sobriety and order in it. The act of any employees in the licensed premises authorized to sell intoxicating liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this Section and the law equally with the employee. 7-28 D. Inspections. Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the City to enter, inspect, and search the premises for the licensee during business hours without a warrant. E. Display During Prohibited Hours. No intoxicating beverage shall be displayed or exhibited upon the bar or tables or booths, within the premises of an establishment licensed for on -sale of intoxicating liquor during hours when the sale of liquor is prohibited. F. Federal Stamps. No licensee shall possess a Federal wholesale liquor dealer's special tax stamp or a Federal gambling stamp. G. Minors. No licensee shall allow any person under eighteen (18) years of age to sell or serve liquor. No licensee shall allow any person under the age of twenty- one (21) who has consumed intoxicating liquor or non -intoxicating malt liquor to be in or on the licenses premises whether such person has consumed such beverages on the premises or any other place. (Ord. 91-08, March 11, 1991) 7-3-9: CLOSING HOURS: A. Customers. No person other than an employee of the licensed establishment shall remain on the premises of any licensed liquor establishment later than one- half (1/2) hour after sales are closed. B. Employees. Employees shall be off the premises by one (1) hour after sales are closed. Employees shall not re-enter the premises until six o'clock (6:00) AM the following day. C. Identification of Employees. The licensee shall post or display a legible list of the full names of all current employees. The list shall be displayed in the same location as the liquor license. (Ord. 91-08, March 11, 1991) 7-3-10: RESTRICTIONS ON PURCHASE AND CONSUMPTION: A. Unlicensed Places. No person shall make or prepare liquor for consumption in any public place or place of business unless it has a license to sell liquor on -sale or a permit from the Public Safety Commissioner under Minnesota Statutes 340A.414, and no person shall consume liquor in any such place. B. Public Places. No person shall consume liquor on a public street, public sidewalk, or public parking lot. No license holder shall allow the consumption of intoxicating liquor by its patrons within any parking lot owned or operated by any license holder. (Ord. 91-08, March 11, 1991) 7-29 7-3-11: SUSPENSION AND REVOCATION: A. General. The Council shall either suspend for up to sixty (60) days, or revoke the licensee's license or impose a civil fine not to exceed two thousand dollars ($2,000.00) for each violation on a finding that the license or permit holder has failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages. Except in cases of failure of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes 14.57 to 14.69. The lapse of required dram shop insurance or bond, or withdrawal of required deposit of cash or securities, shall effect an immediate suspension of any license issued pursuant to this Section without further action of the City Council. Notice of cancellation, lapse of a current liquor liability policy, or bond, or withdrawal of deposited cash or securities shall also constitute notice to the licensee of the impending suspension of any license issued pursuant to this Section without further action of the City Council. Notice of cancellation, lapse of a current liquor liability policy, or bond, or withdrawal of deposited cash or securities shall also constitute notice to the licensee of the impending suspension of the license. The holder of a license who has received notice of lapse of required insurance, or bond, or withdrawal of a required deposit, or of suspension or revocation of a license may request a hearing thereon, and if such a request is made in writing to the City Clerk, a hearing shall be granted within ten (10) days or such longer period as may be requested. Any suspension under this paragraph shall continue until the City Council determines that the financial responsibility of this Section has again been met. B. Notice. Ten (10) days written notice of suspension or revocation shall be given to the licensee. Said notice shall contain the date, time, and place of the hearing as well as the nature of the charges against the licenses. (Ord. 91-08, March 11, 1991) 7-3-12: PENALTIES: A. Gross Misdemeanors. The following violations of this Section shall be gross misdemeanors: 1. Selling alcoholic beverages without a license. 2. Having a direct or indirect interest in more than one (1) off -sale license in the City. 3. Selling, giving, or furnishing alcoholic beverages to an obviously intoxicated person. 7-30 4. Selling, bartering, furnishing, or giving alcoholic beverages to a person under twenty-one (21) years of age. 5. Violating any other provision of Minnesota Statutes 340A.702. and upon conviction shall be punished pursuant to the penalty provided by State Statute for a gross misdemeanor, and as later amended, plus the costs of prosecution in any case. B. Misdemeanors. Any violation of this Section or Minnesota Statutes 340A for which another penalty is not specified shall be a misdemeanor and shall be punished pursuant to the penalty provided by State Statutes for a misdemeanor, and as later amended, plus the costs of prosecution in any case. (Ord. 91-08, March 11, 1991) 7-31 SECTION 4 SUNDAY LIQUOR ORDINANCE Section 7-4-1 Special Sunday On -Sale License 7-4-2 Special License Fee 7-4-3 Sunday Hours 7-4-4 Conditions of License and Sale 7-4-1: SPECIAL SUNDAY ON -SALE LICENSE: Special on -sale licenses for the sale of intoxicating liquor and wine on Sundays shall be issued only to bowling centers, hotels, restaurants and clubs, as defined in Minnesota Statutes 340A.101. All special Sunday liquor licenses shall be issued for a period not to exceed one (1) year. All sales at such establishments shall be in accordance with Minnesota Statutes 340A.504, subdivision 3. (Ord. 98-8, Nov. 23, 1998) 7-4-2: SPECIAL LICENSE FEE: The fee for a special on -sale Sunday liquor license shall be $200.00. This fee shall be in addition to any fees required for separate on -sale of off -sale liquor licenses. (Ord. 98-8, Nov. 23, 1998) 7-4-3: SUNDAY HOURS: The sale of on -sale intoxicating liquor on Sundays is allowed between the hours of ten o'clock (10:00) AM and one o'clock (1:00) AM on Monday. Establishments serving liquor on Sundays must obtain a special license as provided in Section 7-4-1 above. (Ord. 03-04, Feb. 24, 2003) 7-4-4: CONDITIONS OF LICENSE AND SALE: All special Sunday liquor licenses and Sunday liquor sales shall be subject to the conditions and requirements imposed by Minnesota Statutes Chapter 340A and other applicable State law and Section 7-3 of the Otsego City Code, as the same may from time to time be amended, including, but not limited to, such matters as financial responsibility, insurance requirements, application processes and penalties for violations. (Ord. 98-8, Nov. 23, 1998) 7-32 SECTION 5 SPECIAL EVENTS Section 7-5-1 Purpose and Findings 7-5-2 Definitions 7-5-3 Permit Required 7-5-4 Application for Permit 7-5-5 Issuance of Permit, Conditions, Posting 7-5-6 Exceptions to the Permit Requirement 7-5-7 Penalty for Violations, Enforcement 7-5-1: PURPOSE AND FINDINGS: The purpose of this Section is to protect the health, safety, and welfare of the citizens of Otsego by regulating the time, place and manner of conduct of special events and by establishing permit requirements for conducting special events as such are herein defined. The Otsego City Council finds that special events often exceed the City's capacity to provide usual City services. Such City services include, but are not limited to sanitary, fire, police, and utility service. The Otsego City Council also finds these regulations necessary to ensure that such events are conducted with sufficient consideration given to public safety issues, including, among other things, the impact of such events on parking and vehicular traffic within the City. (Ord. 98-5, July 13, 1998) 7-5-2: DEFINITIONS: For purposes of this Section, the following terms shall have the meanings given to them: Person: A natural person, association, organization, club, group formed for a common purpose, partnership of any kind, limited liability company, corporation or any other legal entity. Special Event: An outdoor gathering of at least fifty (50) individuals, whether on public or private property, assembled with a common purpose for a period of one (1) hour or longer. Special events include, but are not limited to, concerts, fairs, carnivals, circuses, parades, flea markets, marathons, walkathons, festivals, races, bicycle events, celebrations or any other gathering or event of similar nature. Special events do not include non-commercial events held on private property such as graduation parties or social parties. (Ord. 98-5, July 13, 1998) 7-5-3: PERMIT REQUIRED: No person shall hold, conduct or participate in a special event within the City, unless a permit has been issued for such event upon timely written application made to the City. (Ord. 98-5, July 13, 1998) 7-33 7-5-4: APPLICATION FOR PERMIT: Written application for special event permits must be made at least thirty (30) days in advance of the event's proposed date in a form prescribed by the City Council. This application period shall not begin to run until a complete application has been filed with the City. Application forms shall be made available in the Office of the City Clerk. A fee, in the amount set by the City's fee schedule, shall be paid to the City along with the completed application form. Failure to provide a complete application or to pay the fee, as herein required, is sufficient reason to deny the special event permit. 7-5-5: ISSUANCE OF PERMIT, CONDITIONS, POSTING: Special event permits will be issued upon Council approval The Council may attach such reasonable conditions to the permit as are deemed necessary to protect the public health, safety and welfare. Such conditions may pertain to any of the following: A. Location and hours during which the event may be held. B. Sanitation / availability of potable water. C. Security / crowd management. D. Parking and traffic issues. E. Emergency and medical services. F. Clean up of premises and surrounding area / trash disposal. G. Insurance. H. Lighting. Fire service / safety. J. Temporary construction, barricades / fencing. K. Removal of advertising / promotional materials. L. Noise levels. M. Alcohol consumption. N. Any other condition which the Council deems necessary. Upon Council approval, the City Clerk shall issue a permit to the person(s) named in the permit application. The permit shall clearly state the conditions, if any, imposed by the 7-34 Council. Copies of the permit shall be posted in three (3) prominent locations during the special event. (Ord. 98-5, July 13, 1998) 7-5-6: EXCEPTIONS TO THE PERMIT REQUIREMENT: The permit requirement contained in this Section does not apply to the following: A. Special events sponsored and managed by the City of Otsego. B. Funerals and funeral processions. C. The grounds of any school, playground, place or worship, hotel, conference center, stadium, athletic fields, arena, auditorium, or similar permanent place of assembly when used for regularly established assembly purposes. (Ord. 98-5, July 13, 1998) 7-5-7: PENALTY FOR VIOLATIONS, ENFORCEMENT: Any person who violates any condition of a special event permit or any provision of this Section shall be guilty of a misdemeanor, punishable as prescribed by State law. Enforcement of this Section may, at the Council's discretion, take any of the following forms.- A. orms:A. Citation / criminal prosecution. B. Injunctions, declaratory judgments, or other civic remedies. C. Permit revocation. D. Disbursement of persons gathered. (Ord. 98-5, July 13, 1998) 7-35 SECTION 6 GAS FRANCHISE Section - 7 -6-1 Definitions 7-6-2 Franchise Generally 7-6-3 Conditions of Use 7-6-4 Indemnification 7-6-5 Assignment 7-6-6 Change in Form of Government 7-6-7 Severability 7-6-8 Notices 7-6-9 Previous Franchises Superceded 7-6-1: DEFINITIONS: The following terms shall mean: City, City Council, City Clerk: These mean respectively, the City of Otsego, the City Council of the City of Otsego, and the City Clerk of the City of Otsego. Company: Center Point Energy / Minnegasco, Inc., a Minnesota corporation, its successors and assigns. Gas: Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms of gas energy. Public Ground: All streets, alleys, public ways, utility easements, and public grounds of the City as to which it has the right to grant the use to the company. (Ord. 4, Nov. 19, 1984) 7-6-2: FRANCHISE GENERALLY: A. Grant of Franchise: There is hereby granted to the company, for a period of twenty (20) years, the right to import, manufacture, transport, distribute and sell gas for public and private use in the City, and for these purposes to construct, operate, repair and maintain in, on, over, under, and across the public ground of the City, all facilities and equipment used in connection therewith, and to do all things which are necessary or customary in the accomplishment of these objectives, subject to zoning ordinances, other applicable ordinances, permit procedures, customary practices, and the provisions of this franchise. B. Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage and publication as required by law, and its 7-36 acceptance by the company in writing filed with the City Clerk within sixty (60) days after publication. C. Non -Exclusive Franchise. This is not an exclusive franchise. D. Publication Expense. The expense of publication of this Section shall be paid by the company. E. Default. If the company is in default in the performance of any material part of this franchise for more than ninety (90) days after receiving written notice from the City of such default, the City Council may, by ordinance, terminate all rights granted hereunder to the company. The notice of default shall be in writing and shall specify the provisions of this franchise under which the default is claimed and state the bases therefore. Such notice shall be served on the company by personally delivering the notice to an officer thereof at its principal place of business in Minnesota. If the company is in default as to any part of this franchise, the City may, after reasonable notice to the company and the failure of the company to cure the default within a reasonable time, take such action as may be reasonably necessary to abate the condition caused by the default, and the company agrees to reimburse the City for all its reasonable costs. Nothing in this section shall bar the company from challenging the City's claim that a default has occurred. In the event of disagreement over the existence of a default, the burden of proving the default shall be on the Township. (Ord. 4, Nov. 19, 1984) 7-6-3: CONDITIONS OF USE: A. Use of Public Ground. All utility facilities and equipment of the company shall be located, constructed, installed and maintained so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of public ground, and shall be subject to those permit conditions the City has adopted for all utilities. B. Restoration. Upon completion of any work requiring the opening of any public ground, the company shall restore the same, including paving and its foundations, to as good condition as formerly, insofar as reasonably possible. The restoration shall be completed as promptly as weather permits, but if the company shall not promptly perform and complete the work, the City shall have the right to do so at the expense of the company; and the company shall, upon demand, pay to the City the reasonable cost of the work performed by the City. C. Relocation of Utility Facilities. The company shall promptly, with due regard for seasonal working conditions, permanently relocate its facilities or equipment whenever the City orders such relocation. If the relocation is a result of the proper exercise of the police power in grading, regarding, changing the location or shape of or otherwise improving any public ground or constructing or 7-37 reconstructing any sewer or water system therein, the relocation shall be at the expense of the company. If the relocation is not a result of the proper exercise of the police power, the relocation shall be at the expense of the City. If such relocation is done without an agreement first being made as to who shall pay the relocation cost, such relocation of the facilities by the company shall not be construed as a waiver of its right to be reimbursed for the relocation cost. If the company claims that it should be reimbursed for such relocation costs, it shall notify the City within thirty (30) days after receipt of such order. The City shall give the company reasonable notice of plans requiring such relocation. Nothing contained in this sub -section shall require the company to remove and replace its mains or to cut and reconnect its service pipe running from the main to a customer's premises at its own expense where the removal and replacement or cutting and reconnecting is made for the purpose of a more expeditious operation for the construction or reconstruction of underground facilities; nor shall anything contained herein relieve any person from liability arising out of the failure to exercise reasonable care to avoid damaging the company's facilities while performing any work in any public ground. D. Relocation When Public Ground Vacated. The vacation of any public ground shall not operate to deprive the company of the right to operate and maintain its facilities therein. Unless ordered under Section 7-6-3.C, the company need not relocate until the reasonable cost of relocating and the loss and expense of relocating resulting from such relocation are first paid to the company. When the vacation is for the sole benefit of the City in the furtherance of a public purpose, the company shall relocate at its own expense. E. Street Improvements, Paving or Resurfacing. The City shall give the company reasonable written notice of plans for street improvements where paving or resurfacing of a permanent nature is involved. The notice shall contain the nature and character of the improvements, the streets upon which the improvements are to be made, the extent of the improvements and the time when the City will start the work, and, if more than one (1) street is involved, the order in which this work is to proceed. The notice shall be given to the company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit the company to make any additions, alterations or repairs to its facilities the company deems necessary. (Ord. 4, Nov. 19, 1984) 7-6-4: INDEMNIFICATION: The company shall indemnify, keep and hold the City, its elected officials, officers, employees, and agents free and harmless from any and all claims and actions on account of injury or death of persons or damage to property occasioned by the construction, maintenance, repair, removal, or operation of the company's property located in, on, over, under, or across the public ground of the City, unless such injury or damage is the result of the negligence of the City, its elected officials, employees, officers, or agents. The City shall not be entitled to reimbursement 7-38 for its costs incurred prior to notification to the company of claims or actions and a reasonable opportunity for the company to accept and undertake the defense. If a claim or action shall be brought against the City under circumstances where indemnification applies, the company, at its sole cost and expense, shall defend the City if written notice of the claim or action is promptly given to the company within a period wherein the company is not prejudiced by lack of such notice. The company shall have complete control of such claim or action, but it may not settle without the control of such claim or action, but it may not settle without the consent of the City, which shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City, and the company in defending any action on behalf of the City shall be entitled to assert every defense or immunity that the City could assert in its own behalf. (Ord. 4, Nov. 19, 1984) 7-6-5: ASSIGNMENT: The company, upon notice to the City shall have the right and authority to assign all rights conferred upon it by this franchise to any person. The assignee of such rights, by accepting such assignment, shall become subject to the terms and provisions of this franchise. (Ord. 4, Nov. 19, 1984) 7-6-6: CHANGE IN FORM OF GOVERNMENT: Any change in the form of government of the City shall not affect the validity of this franchise. Any governmental unit succeeding the City shall, without the consent of the company, automatically succeed to all of the rights and obligations of the City provided in this franchise. (Ord. 4, Nov. 19, 1984) 7-6-7: SEVERABILITY: If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the rest of this franchise shall not be affected. (Ord. 4, Nov. 19, 1984) 7-6-8: NOTICE: Any notice required by this franchise shall be sufficient if, in the case of notice to the company, it is delivered to Minnegasco Inc./Center Point Energy, attention Vice President, Minnesota Operations, 201 South Seventh Street, Minneapolis, MN 55402 and, in the case of the City, it is delivered to. (Ord. 4, Nov. 19, 1984) 7-6-9: PREVIOUS FRANCHISES SUPERCEDED: This franchise supercedes all previous franchises granted to the company or its predecessors. (Ord. 4, Nov. 19, 1984) 7-39 SECTION 7 MINING Section 7-7-1 Purpose and Intent 7-7-2 Definitions 7-7-3 Permit Required 7-7-4 Exemptions From Permit Requirements 7-7-5 Applications for Permits; Procedures, Contents of Applications 7-7-6 Council Review and Approval of Overall Plan 7-7-7 Termination of Permit 7-7-8 Permits; Renewal; Conditions 7-7-9 Issuance of Permit Imposes No Liability on City and Relieves the Permittee of No Responsibilities, Etc. 7-7-10 Fees 7-7-11 Financial Guarantee 7-7-12 Standards — Extraction Site Location 7-7-13 Soil Investigations 7-7-14 Fencing 7-7-15 Appearance and Screening at the Extraction Site 7-7-16 Operating Standards and Requirements 7-7-17 Rehabilitation Standards 7-7-18 Penalties 7-7-1: PURPOSE AND INTENT: The purpose of this ordinance is to promote the health, safety, and welfare of the community and to establish reasonable uniform limitations, standards, safeguards and controls for excavation and mining within the City. (Ord. 94-4, March 28, 1994) 7-7-2: DEFINITIONS: The following words, terms and phrases shall have the following meanings respectively ascribed to them: Mine or Excavation: Mine or excavation shall have the following meanings: A. Any removal of the exposed layer of the earth's surface or the removal of any layer of soil under the exposed layer of the earth's surface, whether sod, dirt, topsoil, sand, gravel, soil, stone, or minerals performed with the intent of moving the same to another site as a raw material or processed product. B. Any area where the topsoil or overburden has been removed for the purpose of mining earthly deposits or minerals, yet the area has remained idle since the topsoil removal. 7-40 C. Any area that is being used for stockpiling, storage, and processing of said, gravel, black dirt, clay and other minerals. Overburden: Those materials which lie between the surface of the earth and material deposit to be extracted. Rehabilitation: To renew land to self-sustaining long-term use which is compatible with contiguous land uses, present and future, in accordance with the standards set forth in this Chapter. Topsoil: That portion of the overburden which lies closest to the earth's surface and supports the growth of vegetation. (Ord. 94-4, March 28, 1994) 7-7-3: PERMIT REQUIRED: Except as otherwise provided in this Chapter, it shall be unlawful for anyone to operate a mine or excavate without having first obtained a written permit from the City authorizing the same in accordance with this Chapter. Mining and excavation operations that predate this Chapter shall obtain a permit within six (6) months after the adoption of this Chapter. (Ord. 94-4, March 28, 1994) 7-7-4: EXEMPTIONS FROM PERMIT REQUIREMENTS: The following activities do not require a permit under this Chapter-. A. Excavation for a foundation, cellar; or basement of a building if a building permit has been issued. B. Grading a lot in conjunction with building if a building permit has been issued. C. Excavation by the Federal, State, County or City government in connection with construction or maintenance of roads, highways, or utilities. This exemption applies only to Federal, State, County, or City government projects which have received plan and specification approval by the City as part of their plan review process. D. Curb cuts, utility hookups, or street openings for which another permit has been issued by the City. E. Excavation or grading for agricultural purposes. F. Excavation or grading in accordance with a development contract approved under the City's Subdivision Ordinance. If the development contract requires that a letter of credit or other security be posted, the letter of credit or other security must be posted before any excavation takes place. 7-41 G. Excavations of less than five hundred (500) cubic yards in a calendar year. (Ord. 94-4, March 28, 1994) 7-7-5: APPLICATIONS FOR PERMITS; PROCEDURES, CONTENTS OF APPLICATIONS: A. An application for a mine or excavation permit shall be processed in accordance with the same procedures and requirements specified in the City Code relating to conditional use permits. If conflicts occur between this Chapter and the requirements for a conditional use permit as defined by the City Code, this Chapter shall prevail. An application for a conditional use permit is also required to be submitted for mining activities in conjunction with an application for a mining permit. B. An application for a mine or excavation permit shall contain: 1. A completed application form. 2. The required fees. 3. Cover sheet. a. General. The cover sheet shall be twenty-two (22) inches by thirty- four (34) inches in size and be utilized to depict general items relevant to the project and plan set. As a minimum, the cover sheet shall contain the following: 1) Title of the project. 2) Sheet index for the plan set. 3) Names, addresses and telephone numbers of the record owner(s), those in possession of vendees under contract for deed, any agent having control of the land, the applicant, land surveyor, geologist, engineer and preparer of the plan set. 4) A location of vicinity map, at a scale of one (1) inch equals two thousand (2,000) feet or approved other, which depicts the project site relevant to major roadways and other significant surrounding features. A north arrow and scale shall be shown. 7-42 4. Site plan. a. General. A standard twenty-two (22) inch by thirty-four (34) inch plan sheet shall be utilized for depicting required site plan data. A grid shall be incorporated onto the site plan to establish a coordinate system for referencing specific items on the plan. The site plan shall be at a scale of one (1) inch equals fifty (50) feet with a contour interval of one (1) foot. The site plan shall contain a north arrow, graphic scale, and date of preparation. b. Existing Conditions. As a minimum, the following items shall be depicted on the site plan: 1) Boundary lines to include bearings, distances, curve data, and total acreage of the site. 2) Existing zoning classifications for land in and abutting the site. 3) Location, right-of-way width and names of existing or platted streets or other public ways, parks and other public lands, permanent buildings and structures, easements and corporate lines. The aforementioned items shall be shown for the site and of all land located within three hundred fifty (350) feet of the boundary of the site. 4) Location and sizes of underground utilities, culverts and other below grade structures and facilities within the site area and to a distance of one hundred (100) feet beyond the site's boundaries. 5) Water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines, telephone poles and lines and other related surface items which will affect the mining operation. 6) Location of exploratory subsurface borings and tests to ascertain subsurface soil, rock and groundwater conditions. This shall be done to augment test results submitted with the application. 7) One hundred (100) year flood elevations, floodway and flood fringe areas. 8) Wetlands in or within one hundred (100) feet of the site. 7-43 5 9) Names, address and PID number of all property owners within three hundred fifty (350) feet of the property is located within platted areas of the City or within five hundred (500) feet of the property if located in non -platted areas of the City. 10) A certificate of survey prepared by a professional land surveyor licensed in the State of Minnesota. The certificate shall include the legal description of the property, a signed statement of certification, the registration number of the preparer, and date prepared. C. Proposed Mining Features. 1) Location of proposed permanent and temporary structures to be utilized in the operation. This shall include sanitary facilities, offices, trash receptacles, processing plants and living quarters. 2) Parking areas for employee vehicles and related equipment. 3) Vehicular circulation plan for the site. 4) Grading plan which depicts the limits of the material extraction from the site with a minimum of one (1) foot contours. 5) Intermittent erosion and sedimentation control method. 6) Location of temporary and permanent fencing and gates. 7) Drainage swales, culverts or other devices utilized for routing off-site flows around the site. 8) Those areas of the site to be utilized for storage of topsoil and overburden. 9) Yearly limits or extraction if operation is scheduled to last longer than one (1) year. Closure/Rehabilitation Plan. a. The closure/rehabilitation plan shall contain the same information as required for the site plan without showing the proposed mining features. The plan shall contain the following additional items - 7 -44 1) Proposed final contours at one (1) foot intervals. Typical grades shall be noted for all slopes. 2) Those areas of the site to be utilized for storage of topsoil and overburden if staged restoration is planned. 3) Areas of revegetation shall be noted. Areas to be landscaped and type of landscaping shall be notes. 4) Limits of staged restoration if mining operations are scheduled to last longer than one (1) year. 5) All items required by the current City of Otsego Zoning Ordinance for the proposed use of the land. 6) The closure/rehabilitation plan shall be updated and submitted as an "as -built" drawing upon completion of site restoration procedures. 6. Cross Sections. a. Cross sections shall be drawn to depict pre -mining grades, proposed post -mining grades and proposed closure/rehabilitation grades. Cross sections shall be drawn both horizontally and vertically with reference to the site plan grid. Cross sections shall be evenly spaced across the extraction site as depicted on the site plan and have an interval spacing of fifty (50) feet maximum. A minimum of three (3) cross sections each way shall be depicted. b. All cross sections shall be referenced to the grid system shown on the site plan. The scale for the cross sections shall be one (1) inch equals fifty (50) feet horizontal and one (1) inch equals five (5) feet vertical. Cross sections shall be drawn on twenty-two (22) inch by thirty-four (34) inch mylar. C. The cross sections shall be updated and resubmitted upon completion of mining or extraction operations and upon completion of closure/rehabilitation procedures. 7. Traffic Control Plan. A traffic control plan shall be submitted for all operations which will access onto a public roadway. The traffic control plan shall conform substantially to the latest edition of the Minnesota Manual on Uniform Traffic Control Devices for Streets and Highways as published by the Minnesota Department of Transportation. The plan shall be prepared by a professional civil engineer and contain the following - 7 -45 a. General. A standard twenty-two (22) inch by thirty-four (34) inch plan sheet shall be utilized to depict the following information: 1) North arrow. 2) Scale. 3) Title block. 4) Name, address, telephone number, and registration number of person responsible for preparing the plan. 5) Location map. b. Plan. The plan portion of the traffic control plan shall depict the following: 1) Roadway right-of-way width for all affected roadways. 2) Roadway width and asphalt width of all roadways affected. 3) Location and type of traffic control signs, signals, markings, barricades, channelizing devices, lighting devices and flagging personnel. Location shall be in reference to roadway intersections and type shall reference the Mn/MUTCD. 4) Notes referencing minimum mandatory requirements as dictated by the Mn/MUTCD. 5) Details for each type of traffic control sign or device utilized. 8. Narrative. a. A narrative shall be provided to augment the required plan sheets. The narrative shall be prepared, signed and dated by a professional civil engineer. The narrative shall be titled, dated and referenced to the permit application. As a minimum, the following items must be discussed in the narrative: 1) A time schedule for completion of all mining related activities. This shall include the start date, extraction completion date, and final closure/rehabilitation date. A schedule of typical hours of operation during the day shall be discussed, typical days of the week and typical weeks of the year shall be submitted. 7-46 2) A description and quantity of material to be excavated. This shall be documented by a sieve analysis, test hole logs and gradation curve performed by certified and independent testing laboratory. The quantity of material shall be on a per year basis if mining operations are scheduled to last longer than one (1) year. 3) The depth of the water table throughout the area. This shall be documented by boring lots recorded by a certified and independent testing laboratory. 4) The purpose and plan of operation. This shall include a description of the nature of any plants, source of water and means of water disposal. 5) Travel routes to and from the site. This shall be augmented with a legible sketch depicting the same. 6) A plan for drainage control. This shall include an analysis of the impact of the mining operation on the watershed drainage. Drainage calculations utilizing the SCS method of determining flows and pond sizing shall be provided for review. 7) A plan for mitigating water runoff erosion shall be detailed for the site. This shall include erosion control methods to be utilized during the mining operation and during rehabilitation of the site. A material list shall be provided for a typical erosion control strategy. The proposed use of silt fences, straw bales, etc. shall be discussed. 8) A dust control strategy shall be discussed and include the following: type of equipment to be utilized, supply of water or other dust -preventative material to be utilized, where equipment is to be stored and location of water supply. These items shall be discussed as they apply to the site and to haul routes and streets. 9) A street maintenance and haul material spill clean up plan. This shall include equipment such as shovels, brooms, etc. which will be utilized for off-site cleanup. The location that vehicles and equipment will be stored. The personnel to be utilized for spill cleanup (i.e. will the same personnel utilized for mining operations be utilized for clean up operations?). 7-47 Typical schedules for maintenance of streets and roadways shall be discussed. 10) A plan for storing topsoil and preventing wind erosion of the same. 11) A plan for preventing wind erosion at the site. This shall include standard details depicting erosion control methods such as blankets, dust prevention materials, etc. 12) A discussion of the proposed use of the land following closure/ rehabilitation of the site. 13) A closure/rehabilitation plan which will provide for the orderly and continuing rehabilitation of all disturbed areas. Typical details may be included and the site rehabilitation plan referenced in the narrative. The narrative shall discuss, as a minimum, the following: a) If fill material is to be imported to eliminate low areas, a gradation curve shall be provided for the imported soil. b) The type and extent of landscaping to be utilized. C) The timetable for which site closure/rehabilitation is to occur. This shall include dates for finalizing grading, dates for planting and seeding, and dates for completion of erosion control methods. A generalized schedule shall be provided describing frequency of return visits to the site for continuing maintenance. If mining operations are scheduled to continue longer than one (1) year; a staged restoration plan shall be discussed. d) The type of erosion control and sedimentation control to be utilized between final grading and turf establishment. 14) Special conditions which may be specified to the site. 9. Attachments. a. The following shall be attached to the application for permit - 7 -48 1) Soil logs. Soil logs shall be prepared by a certified and independent testing agency. The test bores shall be performed in the quantity required by this regulation. Each test bore shall show, as a minimum requirement, the following: a) Depth of bore. b) Soil stratifications. C) Type of soil for each stratification. d) High water mark. e) Existing water table. 2) Sieve analysis. A sieve analysis shall be performed at each test bore location on the material to be mined. A gradation curve shall then be plotted and the results submitted with the soil logs. 3) A certified abstract listing the names of all landowners owning property within three hundred fifty (350) feet of the boundary of the subject property if located within platted areas of the City or within five hundred (500) feet of the property if located in non -platted areas of the City. 4) A written right -of -entry which cannot be terminated for one (1) year after the anticipated closure date to the City for its officers or agents to enter the land for the purpose of determining compliance with all applicable conditions imposed on the operation. The right -of -entry shall be submitted with the application for permit. One (1) set of keys to locked gates utilized for limiting site access shall be delivered to the City. 5) The plan set shall be submitted to all affected agencies for their review and comments related to the proposed mining activities. The applicant shall be responsible for submitting any other required items to the individual agencies for their review. Prior to a mining permit being issued, comment letters must be received from the following agencies: a) Wright County Highway Department. b) Minnesota Department of Natural Resources. 7-49 c) Minnesota Pollution Control Agency. d) Minnesota Department of Transportation. e) United States Army Corps of Engineers. f) Other affected agencies. 6) A complete photographic log shall be submitted with the application for permit by the operator. Photographs shall be taken at close enough range to allow for details of key items to be identified. A legend shall be supplied with each photograph describing the view depicted. Each photograph shall contain a point of reference which will not be disturbed during mining operations for later use in site analysis. The photographs shall detail the following: a) Existing on-site conditions and significant features. b) Site perimeter with views depicting adjacent properties. C) Downstream drainage facilities which may be affected by mining operations. d) Site access and views of the roadway accessed in the immediate vicinity of the access point. (Ord. 94-4, March 28, 1994) 7-7-6: COUNCIL REVIEW AND APPROVAL OF OVERALL PLAN: The City Council shall review the permit application and shall approve the permit if it is in compliance with this Chapter, the City's Zoning Ordinance and other applicable laws, ordinances, and regulations. The Council may attach conditions to the permit approval to promote safety and prevent nuisance conditions. The rehabilitation plan shall only be approved if it is consistent with the uses allowed in the City's Comprehensive Plan and Zoning Ordinance. (Ord. 94-4, March 28, 1994) 7-7-7: TERMINATION OF PERMIT: A. The material excavation permit may be terminated for violation of this Chapter or any conditions of the permit. No permit may be terminated until the City Council has held a public hearing to determine whether the permit shall be terminated, at which time the operator shall be afforded an opportunity to contest the termination. The City Council may establish certain conditions, which if not 7-50 complied with, will result in immediate suspension of operations until the public hearing to consider termination of the permit can be held. Should the operator, for whatever reason, continue operations after termination or suspension of the permit, said operator shall be responsible for all costs, including reasonable attorney's fees, expended by the City in enforcing the terms and provisions of this Ordinance. B. The permit shall terminate on the date specified by the applicant on the application for permit. C. It shall be unlawful to conduct mineral extraction or excavation after a permit has been terminated or suspended. (Ord. 94-4, March 28, 1994) 7-7-8: PERMITS; RENEWAL; CONDITIONS: A. Request for renewal of a permit shall be made sixty (60) days prior to the expiration date. If application or renewal is not made within the required time, all operations shall be terminated, and reinstatement of the permit may be granted only upon compliance with the procedures set forth in this Chapter for an original application. B. A permit may be approved or renewed subject to compliance with conditions in addition to those set forth in this Chapter when such conditions are reasonable and necessary to ensure compliance with the requirements and purpose of this Chapter. When such conditions are established, they shall be set forth specifically in the permit. Conditions may, among other matters, limit the size, kind or character of the proposed operation, require the construction of structures, require the staging of extraction over a time period, require the alteration of the site design to ensure compliance with the standards, require a financial guarantee by the operator to ensure compliance with these regulations in this article or other similar requirements. (Ord. 94-4, March 28, 1994) 7-7-9: ISSUANCE OF PERMIT IMPOSES NO LIABILITY ON CITY AND RELIEVES THE PERMITTEE OF NO RESPONSIBILITIES, ETC.: Neither the issuance of a permit under this section, nor compliance with the conditions thereof or with the provisions of this section shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor impose any liability or damage to persons or property. A permit issued pursuant to this section does not relieve the permittee of the responsibility of securing and complying with any other permit which may be required by any other law, ordinance or regulation. 7-7-10: FEES: Fees shall be required for the examination and review of applications for permits and the inspections of mining operations for compliance with the 7-51 conditions of this Ordinance. A fee shall be paid at the time of application for permit. A fee based upon the quantity of material removed from the site as a result of the mining operation shall be paid according to the appropriate schedule listed below: A. If mining operations are scheduled to continue for a period of time less than one (1) year, the fee shall be paid within thirty (30) days of completion of mining activities. B. If mining operations are scheduled to continue for a period of time longer than one (1) year, a fee shall be paid prior to January 31 each year for materials removed from the site prior to December 31 of the previous year. A fee shall be paid within thirty (30) days of completion of mining activities for materials removed that calendar year. The fee shall be paid at a rate per cubic year of material excavated. The amount of material excavated shall be rounded up to the nearest one thousand (1,000) cubic yards and multiplied the rate to determine the required fee. The quantity of material excavated shall be substantiated and certified by the applicant's engineer. Quantity calculations based upon pre -mining site conditions and current topographic date shall be submitted with each payment for City review. The initial fee and rate per cubic yard of material excavated shall be determined by resolution of the City Council. The City Council may change the initial fee and rate per cubic yard of material excavated, from time to time, also by resolution. Such initial fees and fees related to the rate per cubic yard of material removed shall be paid to the City and deposited to the credit of the general fund. (Ord. 94-4, March 28, 1994) 7-7-11: FINANCIAL GUARANTEE: Prior to the approval and issuance of a permit, there shall be executed by the operator and submitted to the City Clerk an agreement to construct such required improvements, to dedicate such property or easements if any, to the City and to comply with such conditions as may have been established by the City Council. Such agreement shall be accompanied by a financial guarantee acceptable to the City Zoning Administrator in the amount of the established costs of complying with the agreement. The said guarantee shall be in the form of a certified check or irrevocable letter of credit, and shall be provided for guaranteeing completion and compliance with the conditions set forth in the permit within the time approved by the City Council. The adequacy, conditions and acceptability of any certified check or irrevocable letter of credit shall be determined by the City Zoning Administrator and shall be reviewed annually by the City. The City may direct the amount of the financial guarantee to be increased to reflect inflation or changed conditions. The City shall determine the required amount of the financial guarantee based upon the cost or value of the work to initiate mining operations, continue mining operations and complete closure/rehabilitation procedures. (Ord. 94-4, March 28, 1994) 7-52 7-7-12: STANDARDS — EXTRACTION SITE LOCATION: Operations permitted under this section shall not be conducted within.- A. ithin:A. Fifty (50) feet of an existing street or highway. B. Thirty (30) feet of the right-of-way on an existing public utility. C. Fifty (50) feet of the boundary of any zone where such operations are not permitted. D. Thirty (30) feet of the boundary of an adjoining property not in mining use; or as directed by the City Council (Ord. 94-4, March 28, 1994) 7-7-13: SOILS INVESTIGATIONS: A soils study shall be performed to aid in the analysis of the application for permit. Test borings shall be performed on the proposed mining site to determine the subsurface conditions which exist at the site. The number of test bores required shall be determined by the amount of land affected by the mining operations. Three (3) test bores shall be excavated for each site. One (1) additional test bore will be required for each acre of land affected by the mining operation. Test bores shall extend to five (5) feet below the lowest limits of the proposed mining excavation or to the water table. The following information shall be noted at each test bore location: A. Depth of bore. B. Depth to high water mark. C. Depth to water table. D. Soil stratification and soil type within each stratification. Thickness of each strata. A sieve analysis shall be performed at each test bore on all materials to be removed from the site. A gradation curve shall be developed based on the sieve analysis. All test results shall be submitted to the City for use in reviewing the application for permit. (Ord. 94-4, March 28, 1994) 7-7-14: FENCING: Where mining operations are to continue for a period of one (1) year or longer or are located in or adjacent to a residential district, perimeter fencing of the extraction site will be required. A lockable gate will be provided across the access to the site. The gate shall be locked when mining operations are not in progress. The perimeter fencing and gate construction shall conform to Section 2557 of the Standard Specifications for Construction and Supplemental Specifications as published by the Minnesota Department of Transportation. 7-53 The perimeter fencing and gate shall be woven fire fence in accordance with standard plate No. 9320G of the Minnesota Department of Transportation Standard Plates Manual. Temporary safety fencing shall be required where unsafe conditions warrant and are expected to last less than five (5) days. If unsafe conditions last longer than five (5) days, perimeter fencing shall be installed. Unsafe conditions shall be considered as follows: A. Where collections of water are one and one-half (1-1/2) feet in depth of greater. B. Where slopes exceed three (3) feet horizontal to one (1) foot vertical. C. Where machinery is left unattended for more than eight (8) hours. D. Other similar situations deemed hazardous by the City's Engineer. Temporary safety fencing may be snow fencing forty (40) inches high or other fencing approved by the City Engineer. Perimeter fencing may be required by the City Engineer if unsafe conditions warrant. (Ord. 94-4, March 28, 1994) 7-7-15: APPEARANCE AND SCREENING AT THE EXTRACTION SITE: The following standards are required at the extraction site of any operation permitted under this article: A. Machinery shall be kept in good repair. B. Abandoned machinery, inoperable equipment and rubbish shall be removed from the site at the end of each day's operations. C. All buildings and equipment that have not been used for a period of one (1) year shall be removed from the site. D. All equipment and temporary structures shall be removed and dismantled no later than ninety (90) days after termination of the extraction operation and expiration of the permit. E. Where practical, stockpiles of overburden and materials shall be used to screen the extraction. F. The perimeter of the site shall be planted or otherwise screened when such is determined by the City Council to be necessary. 7-54 G. Existing tree and ground cover shall be preserved to the extent feasible, maintained and supplemented by selective cutting, transplanting of trees, shrubs, and other ground cover along all setback areas. (Ord. 94-4, March 28, 1994) 7-7-16: OPERATING STANDARDS AND REQUIREMENTS: The following operating standards and requirements shall be observed at the extraction site at all times. Failure to comply with any of the following items constitutes a violation of a mining permit and is cause for termination of the permit. A. Noise. All equipment used in conjunction with the mining operation shall be constructed, maintained and operated in such a manner as to minimize noise levels at and adjacent to the site. The maximum noise level at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and the Federal Environment Protection Agency (MnPCA). If a violation is suspected or known to exist, the MnPCA will be notified and mining operations terminated. B. Hours of Operation. Extraction and hauling operations shall be performed only between the hours of seven o'clock (7:00) AM and six o'clock (6:00) PM. No work shall be performed on Saturdays, Sundays or holidays. Written permission must be obtained from the City for a variance to these conditions. Permissions is not required for minor work which may be required to insure safety at the site. C. Air and Water Pollution. Operators shall comply with all applicable City, County, State, and Federal regulations for the protection of air and water quality. Minnesota Pollution Control Agency regulations for the protection of air and water quality shall be observed. No waste products shall be deposited into any lake, stream or natural drainage system. All wastewater shall pass through a sedimentation basis before drainage into a stream. Downstream drainageways affected by sedimentation due to the mining operation shall be dredged and restored by the operator. If a violation is suspected or know to exist, the MnPCA will be notified and mining operation terminated. Sedimentation ponds, silt fences and straw bales shall be utilized to control sedimentation from the site. Methods of sedimentation control shall be depicted on the site plan. The narrative shall include calculations or explanations for the method utilized. D. Topsoil. All topsoil shall be retained at the site until complete rehabilitation of the site has taken place according to the approved rehabilitation plan. Topsoil which is to be used shall be free of roots, brush, weeds, debris and stones larger than one (1) inch in diameter. Topsoil shall be protected from erosion, degradation and mixing with other on-site materials. Topsoil borrow, if required, shall be in accordance with the Minnesota Department of Transportation Standard Specifications for Construction and Supplemental Specifications Section 3877. Topsoil shall be placed to an in-place depth of four (4) inches over all areas requiring reseeding, resodding or other vegetative restoration. 7-55 E. Dust Control. All equipment used in the mining operation shall be maintained and operated in such a manner as to minimize dust conditions which are annoying to adjacent property owners. The access to the site shall be paved, treated or watered in order to minimize dust conditions. The operator shall maintain a water truck or similar equipment which may be utilized for dust control at or near the site for the duration of the mining operation. A reliable source of water shall be obtained prior to mining operations commencing and be maintained during mining operations. Dust prevention and control measures shall be utilized at all times by the operator. If dust becomes a safety concern or a public nuisance, the City may order the operator to commence additional dust prevention measures or temporarily suspend mining operations. Citizen complaints will also serve as cause for the operator to affect additional dust control measures. Continued neglect of dust control by the operator shall be cause for termination of the mining permit. A dust prevention plan shall be outlined in the narrative to the application for permit. F. Site Appearance. All buildings, structures and plants used for the mining operation shall be maintained in such a manner as to assure that they will not become dilapidated. Weeds and any other unsightly or noxious vegetation shall be cut or trimmed weekly or as necessary to preserve a neat appearance and to prevent seeding on adjoining property. Stockpile excavated materials in a manner that will cause the least amount of damage to adjacent lawns, grassed areas, gardens, shrubbery or fences. No trees, except those specifically shown on the approved site plan to be removed, shall be removed without the express acceptance of the City Engineer. G. Off -Site Protection and Traffic Control. 1. The operator shall insure that no objectionable material will be allowed to blow from, wash off or drain off the subject property. If perimeter fencing is utilized, the operator shall insure that any objectionable materials lodged in the fence are removed daily. The operator shall police the site and surrounding areas at the end of each day's operations. 2. The operator shall take all precautions necessary to insure that streets and roads utilized for haul routes are not adversely affected by the mining operation. All spilled dirt, gravel or other foreign material caused by mining operations shall be thoroughly cleaned from all off-site streets and roads at the conclusion of each day's operations. A more frequent cleaning of the streets may be required by the City Engineer if unsafe conditions are caused by spilled materials. 3. A list of materials and equipment to be utilized for off-site clean up is required to be submitted with the application for permit. 7-56 4. If access from the mining operation is onto a public roadway, temporary traffic control shall be provided by the operator. Temporary signage shall conform to the latest edition of the Minnesota Manual on Uniform Traffic Control Devices for Streets and Highways as published by the Minnesota Department of Transportation. Temporary signage shall be placed prior to each day's mining operations commencing and be removed upon completion of each day's mining operations. An approved traffic control plan shall be delivered to local, County and State authorities having jurisdiction over the public roadway. 5. If the mining operation changes off-site traffic conditions along the proposed haul route, traffic control shall also be provided by the operator. 6. The maximum gross vehicle weight (fully loaded) of all trucks or tractor - trailer rigs to be utilized in conjunction with the mining operation shall be submitted in the narrative portion of the applications. The structural capacities of City roadways and bridges located along the proposed haul route shall not be exceeded. H. Drainage. 1. On -Site Drainage. The operator shall insure that on-site drainage does not adversely affect the quality of surface or subsurface water. Sedimentation shall be controlled by means of ponds, silt fences, or straw bales. If sedimentation ponds are utilized, the perimeter of the pond shall be enclosed with safety fencing. Erosion control measures shall be utilized to prevent deterioration of the site. 2. Off -Site Drainage. Off-site drainage shall not be allowed to flow across the mining site. A plan for routing off-site flows around the proposed site shall be submitted with the application for permit. The plan shall utilize the United States Department of Agriculture, Soil Conservation Service (SCS) Technical Release 55, Urban Hydrology for Small Watersheds (1986) method for determining flow quantities which will originate off-site. Historic flow rates (100 year event) shall not be exceeded at the release point of re-routed flows. Upon completion of mining operations, all previously existing drainage ditches, swales and culverts shall be reopened and grade and natural drainage restored. Sanitary Facilities. Sanitary facilities shall be maintained at the site and kept in a sanitary condition at all times. The temporary facility shall conform to code requirements and be acceptable to sanitary authorities. Upon completion of the mining operation, the sanitary facility shall be removed and the area restored to its original condition. 7-57 J. Access. One (1) access will be allowed for ingress and egress to and from the mining site. Additional access roads to the site may be constructed to allow emergency vehicles access to the site. These additional access roads shall not be utilized for the day to day affairs of the mining operation. Provisions shall be made for vehicular turn around and circulation within the site. K. Groundwater Table. Mining operations shall not occur below the level of the ground water table elevation as submitted in the soils report. (Ord. 94-4, March 28, 1994) 7-7-17: REHABILITATION STANDARDS: The following rehabilitation standards shall apply to the site of any operation permitted under this chapter. A. Rehabilitation shall be a continuing operation occurring as quickly as possible after the extraction operation has moved sufficiently into another portion of the extraction site or once the extraction operation is terminated. All work shall be in accordance with the approved site rehabilitation plan as submitted with the application for permit. B. When planning for rehabilitation and subsequent plan set preparation, the following minimum requirements shall be observed: 1. If the mining site is proposed to be developed upon completion of the mining operation, the most recent edition of the City of Otsego Zoning Ordinance shall govern rehabilitation requirements. The rehabilitation plan will be reviewed in accordance with the applicable section(s) of the Zoning Ordinance. 2. If the mining site is proposed to be left as vacant upon completion of mining operations, the following guidelines shall be complied with for land restoration: a. Finished grades shall not exceed slopes of five (5) feet horizontal to one (1) foot vertical. Exposed slopes steeper in grade than ten (10) feet horizontal to one (1) foot vertical shall be contour plowed to minimize direct runoff of water. b. Disturbed areas shall be graded in accordance with the rehabilitation plan submitted with the application for permit. If significant changes or alterations to the approved grading plan are required, a revised plan shall be submitted to the City for review. C. Excavations which are to be backfilled and imported soils shall be subject to the following - 7 -58 1) Imported materials shall be course — grained soils free from debris, roots, organic material and non -mineral matter containing no particles larger than four (4) inch size. The material shall be non -noxious, non-flammable and non- combustible. d. All areas shall be grated to allow for complete drainage of the site. The peaks and depressions of the area shall be reduced to a surface which will result in a gently rolling topography. e. The graded areas shall be cleared of all foreign debris, roots, weeds and rocks larger than four (4) inches in diameter. f. A minimum of four (4) inches of topsoil shall be placed over the finished grade. g. Turf establishment shall be in accordance with the Minnesota Department of Transportation (MnDOT) regulations. All areas that have been disturbed and subsequently regarded will require topsoil and turf establishment. Specifically, the Minnesota Department of Transportation Standard Specifications for Construction and Supplemental Specifications, Section 2575 shall govern the execution of the work related to turf establishment. Material requirements shall be as follows: 1) Seed Mixture. The seed mixture shall be the Minnesota Department of Transportation Standard Specifications for Construction and Supplemental Specifications, Section 3876 mixture number 700 or 800 applied at the rate of fifty (50) pounds per acre. 2) Imported Topsoil. Topsoil imported for the purpose of turf establishment shall be in accordance with the provisions of the Minnesota Department of Transportation Standard Specifications for Construction and Supplemental Specifications, Section 3877. 3) Sod. Sod shall conform to the Minnesota Department of Transportation Standard Specifications for Construction and Supplemental Specifications, Section 3878. 4) Commercial Fertilizer. Commercial fertilizer shall conform to the Minnesota Department of Transportation Standard Specifications for Construction and Supplemental Specifications, Section 3881 and shall be a minimum 7-59 analysis of 20-10-10 and be applied at a rate of five hundred (500) pounds per acre. 5) Mulch. Mulch material shall be in accordance with the provisions of the Minnesota Department of Transportation Standard Specifications for Construction and Supplemental Specifications, Section 3882 (Type 1) and be applied at a rate of two (2) tons per acre. The mulch shall be disc anchored. h. Temporary erosion control measures shall be utilized to protect the site from wind and water damage until a self-sustaining ground cover is established. The Minnesota Department of Transportation Standard Specifications for Construction and Supplemental Specifications, Section 2573 shall govern the execution of work related to the use of temporary erosion control measures. Materials shall be as referenced under the same section. Temporary erosion control measures shall be shown on the rehabilitation plan and installed per the same plan. (Ord. 94-4, March 28, 1994) 7-7-18: PENALTIES: Any person, firm, operator, corporation or association of persons who violate any of the provisions of this Ordinance upon conviction, shall be guilty of misdemeanor as defined by State law and shall be punished in accordance with the then existing applicable penalty provisions for a misdemeanor offense, plus costs of prosecution. Each separate day of violation shall constitute a separate offense and be punishable as such. If civil action, including application for injunctive relief, is required to enforce this Ordinance, the operator, or other parties responsible for violation(s), shall be responsible for all costs, including reasonable attorney's fees, incurred by the City for such enforcement action. (Ord. 94-4, March 28, 1994) 7-60 SECTION 8 SOLID WASTE Section: 7-8-1 Purpose 7-8-2 Definitions 7-8-3 Collection 7-8-4 Hazardous Waste 7-8-5 Yard Waste 7-8-6 Recycling 7-8-7 Waste Disposal Facilities 7-8-8 Violations and Penalties 7-8-9 Liability and Indemnification 7-8-10 Separability Clause 7-8-11 Provisions Cumulative 7-8-1: PURPOSE: It is the policy of the City of Otsego to comply with the policies and purposes of the State of Minnesota as stated in Minnesota Statute 115A.02, as amended, and further to provide a safe and healthy environment for the citizens of the City. The Solid Waste Management Ordinance governs the collection, transportation, and disposal of all waste generated within, transported through or within and disposed of within the corporate limits of the City. (Ord. 91-15, August 12, 1991) 7-8-2: DEFINITIONS: The following terms have the meaning given below for purposes of this Ordinance: Agency: The Minnesota Pollution Control Agency. City: The City of Otsego. County: Wright County. Collection: The aggregation of any waste from the place at which it is generated including all activities up to the time the waste is delivered to a waste facility. Minnesota Statutes 115A.03, Subd. 3. Collector: Any person who performs the act of waste collection including any generator who transports waste generated by that person to any facility whether the facility is located within or outside of the City. Construction Debris: Waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition of buildings and roads but specifically 7-61 excluding any and all hazardous waste, hazardous materials or problem materials. Minnesota Statutes 115A.03, Subd. 7. City Council: The governing body of the City of Otsego Disposal or Dispose: The discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that the waste, or any constituent thereof, may enter the environment, or be emitted into the air, or discharged into any waters including groundwater. Minnesota Statutes 115A.03, Subd. 9. Disposal Facility, Waste: Waste facility permitted by the Agency and other applicable government authority that is designed or operated for the purpose of disposing of waste on or in the land, together with any appurtenant facilities needed to process waste for disposal or transfer to another waste facility. Minnesota Statutes 115A.03, Subd. 10. Floodplain: The areas adjoining a watercourse which has been or hereafter may be covered by the 100 year flood as determined by the use of the 100 year flood profile and other technical data in the Flood Insurance Study. Garbage: Discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food. Minnesota Rules 7035.03, Subp. 40. Generate or Generation: The act or process of producing waste. Minnesota Statutes 115A.03, Subd. 11. Generator: Any person who generates waste. Minnesota Statutes 115A.03, Subd. 12. Hazardous Waste: Any refuse, sludge, or other waste material or combinations of refuse, sludge, or other waste materials in solid, semi-solid, liquor or contained gaseous form which because of its quantity, concentration, physical or infectious characteristics may: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed. Categories of hazardous waste materials include, but are not limited to, explosives, flammables, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended. Minnesota Statutes 116.06, Subd. 13. Landspreading: The placement of waste or waste byproducts on, or incorporation of them into, the soil surface. Minnesota Rules 7035.03, Subp. 54. Leachate: Liquid that has percolated through solid waste and has extracted, dissolved, or suspended materials from it. Minnesota Rules 7035.03, Subp. 56. 7-62 Major Appliance: Clothes washers and dryers, dishwashers, hot water heaters, garbage disposals, trash compactors, conventional ovens, ranges and stoves, air conditioners, refrigerators, and freezers. Minnesota Statutes 115A.03, Subd. 17a. Mixed Municipal Solid Waste: Garbage, refuse, and other solid waste from residential, commercial, industrial and community activities which is generated and collected in aggregate, but does not include auto hulks, ash, construction debris, mining waste, sludge, tree and agricultural wastes, tires, lead acid batteries, used oil, and other material collected, processed and disposed of as separate waste streams. Street sweepings are excluded from the definition of mixed municipal solid waste only if they are properly screened, meet applicable MPCA standards for heavy metal content, and are free of any pollutants or material determined to be solid waste or hazardous waste pursuant to this Ordinance, or any other material determined by the City Engineer to be a public health or safety hazard. Minnesota Statutes 115A.03, Subd. 21. (Ord. 95-3, Feb. 13, 1995) Operator: The person or persons responsible for the operation of the facility. Minnesota Rules, Subp. 73. Owner: An individual, association, syndicate, partnership, corporation, trust or any other legal entity holding an equitable or legal ownership interesting land, buildings, structures, dwelling unit(s), or other property. Person: Any individual or entity. Processing: The treatment of waste after collection and before disposal. Processing includes, but is not limited to reduction, storage, separation, exchange, resource recovery; physical, chemical or biological modification including composting, and transfer from one waste facility to another. Minnesota Statutes 115A.03, Subd. 25. Recyclable Material: Any materials that are separated from mixed municipal solid waste for the purpose of recycling except that refuse derived from fuel or other material destroyed by incineration is not a recyclable material. Minnesota Statutes 115A.03, Subd. 25a. Recycling: The process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. Minnesota Statutes 115A.03, Subd. 25. Refuse: Putrescible and non-putrescible solid wastes, including garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, and market and industrial solid wastes, and including municipal treatment wastes which do not contain free moisture. Minnesota Rules 7035.03, Subp. 89. 7-63 Release: Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injection, escaping, leaching, dumping, or disposing into the environment which occurred at a point in time or which continues to occur. Minnesota Statutes 11513.03, Subd. 15. Rubbish: Non-putrescible solid wastes, including ashes, consisting of both combustible and non-combustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, or litter of any kind. Minnesota Rules 7035.03, Subp. 94. Runoff: Any liquid that drains over land from any part of a facility. Minnesota Rules 7035.03, Subp. 95. Sewage Sludge: The solids and associated liquids in municipal waste water which are encountered and concentrated by a municipal waste water treatment plant. Sewage sludge does not include incinerator residues and grit, scum, or screenings removed from other solids during treatment. Minnesota Statutes 115A.03, Subd. 29. Sludge: Any solid, semi-solid or liquid waste generated from a municipal, commercial or industrial waste water treatment plant, water supply treatment plant or air contaminant treatment facility, or any other waste having similar characteristics and effects. Minnesota Statutes 116.06, Subd. 9i. Solid Waste: Garbage, refuse, sludge from a water treatment plant or air contaminant treatment facility, and other discarded waste materials and sludge in solid, semi-solid, liquid, or contained gaseous form, resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock, sewage sludge, solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under the Federal Water Pollution Control Act, as amended, or applicable State law, dissolved materials in irrigation return flows or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended. Minnesota Statutes 116.06, Subd. 10. Source Separation: The segregation by the generator of recyclable and reusable materials and yard waste from mixed municipal solid waste for collection in a separate waste stream resulting in reuse, recycling, resource recovery or other processing resulting in a usable end product. Waste: Solid waste, sewage sludge and hazardous waste. Minnesota Statutes 115A.03, Subd. 34. Wetland: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that in normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. 7-64 Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands have the following general diagnostic environmental conditions: A. Vegetation. The prevalent vegetation consists of macrophytes that are typically adapted to areas having hydrologic and soil conditions described above. Hydrophytic species, due to morphological, physiological and/or reproductive adaptation(s), have the ability to grow, effectively compete, reproduce and/or persist in anaerobic soil conditions. The period of inundation or soil saturation varies according to the hydrologic/soil moisture conditions. B. Soil. Sols are present and have been classified as hydric, or they possess characteristics that are associated with reducing soil conditions. C. Hydrology. The area is inundated either permanently or periodically at mean water depths less than or equal to two (2) meters (6.6 feet), or the soil is saturated to the surface at some time during the growing season of the prevalent vegetation. The period of inundation or soil saturation varies according to the hydrologic/soil moisture regime. Indicators of vegetation associated with wetlands, of development under reducing conditions, and of hydrologic conditions that occur in wetlands are listed in the "Corps of Engineers Wetlands Delineation Manual", (U.S.-ACOE, Environmental Laboratory, 1987. Technical Report Y-87- 1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss.). As defined here, wetlands also include any watercourse, natural drainage system, water body, storm water detention basin or wetland that may be subject to periodic flooding, overflow, and/or seasonal high water table. Yard Waste: Garden wastes, leaves, lawn cuttings, weeds and prunings generated at residential or commercial properties. Minnesota Rules 7035.03, Subp. 121. Yard Waste Composting Facility: A facility that accepts yard waste originating on other property and processes that waste to produce a useable end product. (Ord. 91- 15, August 12, 1991) 7-8-3: COLLECTION: A. Scope. The following sections apply to all solid waste generated and collected within the City including, but not limited to, mixed municipal solid waste, yard waste, industrial waste, commercial waste, construction debris, hazardous waste, household hazardous waste, recyclable materials, other solid waste and waste. B. Responsibility for Collection: The owner and the occupant of any premises, business establishment, or industry and the collector or collection service shall be responsible for the satisfactory and prompt collection of all waste accumulated at a premises, business establishment or industry and its transportation to an 7-65 appropriate waste disposal facility for which a permit has been issued by the Agency and the local government with the jurisdiction and responsibility to do so. C. Generators. 1. Waste Storage. The owner and the occupant of any premises, business establishment, or industry shall be responsible for storing the generated waste in a satisfactory manner that prevents threats to community health, safety and welfare. Storage of waste by any collector is prohibited within the limits of the City. a. Garbage Containers. Garbage and any putrescible material shall be placed in a durable, rust resistant, non-absorbent, water tight, rodent proof cleanable container with a close fitting, fly -tight cover. b. Refuse Containers. Refuse must be stored in a durable container that is waterproof. Where refuse and any garbage or putrescible material are stored together, the container must meet the requirements of part 3.3.1.1. C. Container Size and Type. Contractual relationships between individual generators and collectors may determine the allowable size of the container and the construction material as long as the chosen container meet the above standards and serves to protect the health, safety and welfare of the community. d. Container Maintenance. All storage containers shall be maintained to prevent creation of a nuisance or any menace to public health. e. Exceptions. Any objects or materials to large or otherwise unsuitable for storage containers shall be stored in a pollution and nuisance free manner that meets the intentions of the above sections and is in compliance with applicable Federal, State, County, and City statutes, regulations, rules, ordinances and resolutions. D. Collectors. 1. Collector Contracts. The collection of mixed municipal solid waste shall utilize free contracting between individual generators and collectors except as regulated by this Ordinance. 2. License. a. Required. Collectors of any solid waste, including source separate recyclable materials and yard waste, that operate in the City shall 7-66 obtain a City collectors license and no collector shall operate within the City without such a license. The City collectors license is revocable upon violation of any part of this Ordinance or any conditions attached by the City to the license. Issuance of the license does not constitute endorsement of the collector nor does it indicate any intention on the City's part to be bound or held liable for any actions taken by the collector or the results of those actions. b. Validity. The City collectors license shall be valid for one (1) year from the date of issuance unless revoked earlier and shall be renewable upon application and payment of a renewal fee prescribed by resolution of the City Council. C. Application. Applicants for City collector's licenses shall make application to the City on forms provided by the City and through procedures prescribed by the City Council. d. Issuance. City collector's licenses shall be granted to any collector of solid waste upon presentation to the City Clerk of evidence that a current State of Minnesota and Wright County license, evidence of adequate levels of insurance coverage and posting of a bond in the name of the City of Otsego. An applicant denied a license may have the decision reviewed by the City Council. The applicant shall request such review in writing within ten (10) days after denial of the license. e. Fee. The annual City collectors license fee shall be set by the City Council by resolution. License Bond. The amount of the required bond shall be set annually by resolution of the City Council. The bond posted as a license requirement is intended to provide indemnification to the City in the event of a release of any waste that is related to the bonded collector's activities. The posting of this bond does not relieve the collector of any liability for the release of waste. In the event that the City is caused to respond, the bond will be forfeited to the extent of the City's response costs. If the response costs exceed the bond amount, the collector shall remain liable to the City for costs in excess of the bond amount. g. Insurance. City collector's license applicants shall furnish the City with certificates of insurance containing a thirty (30) day cancellation notice issued by insurers duly licensed by the State of Minnesota. Insurance must include the following: 7-67 1) Commercial or business vehicle liability insurance, including non -owned and hired vehicles, with combined single liability limits not less than five hundred thousand dollars ($500,000.00) per occurrence. 2) Workers compensation insurance in accordance with Minnesota Statute 176.182, and including employers liability coverage with limits not less than one hundred thousand dollars ($100,000.00). h. Revocation. The City Council may suspend or revoke the City collector's license of any collector whose conduct is found to be in violation of this Ordinance. Suspension or revocation may also be based on other health, safety and welfare concerns arising out of the performance of any licensed collector. Revocation or suspension shall be preceded by a public hearing conducted in accordance with Minnesota Statutes Chapter 14.57 to 14.70. The City Council may appoint a hearing examiner or may conduct the hearing itself. The hearing notice shall be given at least ten (10) days prior to the hearing, shall include notice of the time and place of the hearing, and shall state the nature of the charges against the collector. Notice shall be provided to the collector by mail. 3. License Exemptions. The license requirements of this Ordinance shall not apply to persons who haul garbage, refuse, or recyclables from their own residence or business property. Provided the following conditions are met: a. Garbage and refuse are hauled in containers meeting the standards established in this Ordinance. b. Garbage and refuse is disposed of only at designated sanitary landfills or other facilities authorized by the County. C. Recyclables are disposed of only at a recycling facility, an organized recycling drive, or through licensed collectors. d. Yard waste is privately composted, or is disposed of at a composting facility authorized by the government agency or political subdivision with jurisdiction to do so. 4. No Vested Right. No collector holding a City collector's license pursuant to this Ordinance shall acquire a vested right of any kind in that license. The City may, upon finding that public necessity requires, determine to establish other means of refuse collection. 7-68 5. Charge for Service. Licensed collectors of mixed municipal solid waste shall not charge their customers a flat fee. To the extent possible, charges shall reflect the volume or weight of mixed municipal solid waste collected. 6. Duty to Provide Service. A licensed collector of mixed municipal solid waste shall pick up all such waste which has been deposited for collector pursuant to this Ordinance and the contract between the collector and the generator. 7. Liability. Any non -licensed collector operating within the City shall be liable for any damage or threat to community health, safety and welfare and subject to this Ordinance just as if that collector had obtained a City collectors license. 8. Containers and Vehicles. Collectors of waste shall utilize vehicles and contains that are covered, leak proof, durable, of easily cleanable construction and suitable for the type of waste being collector. The vehicles and containers shall be cleaned to prevent nuisances, pollution, vermin and insect breeding and shall be maintained in good repair and serviceable condition at all times. 9. Releases of Waste. If any material is released from a collector's vehicle or container, the collector shall pick up the material immediately and properly clean the area. If the material is hazardous in nature or a hazardous waste, the collector must immediately notify the City and comply with all other applicable statutes, rules, and regulations. E, Acceptable Waste. Mixed municipal solid waste, source separated recyclable material, and yard waste are the only materials authorized for regular collection by persons holding City collector's licenses. All other waste types require special arrangement with a collector licensed and authorized by the State of Minnesota and the County to transport that type of waste. Notice shall be provided to the City of the collection of other waste types waste before it is collected. 1. Waste Oil. Disposal of waste oil in any form as part of the mixed municipal solid waste stream is prohibited. 2. Lead Acid Batteries. Disposal of lead acid batteries, or any part of those batteries containing traces of lead or acid, as part of the mixed municipal solid waste stream is prohibited. 3. Tires. Disposal of tires, used or new, as part of the mixed municipal solid waste stream is prohibited. F. Ownership of Waste. Ownership of the waste shall transfer from the generator to the collector upon collection. At no time shall ownership of any waste reside in 7-69 the City. If the City comes into possession of any waste as a result of a response to a release, ownership continues to vest in the person owning the waste at the time of the release. (Ord. 91-15, August 12, 1991) 7-8-4: HAZARDOUS WASTE: A. Generation. Any person generating hazardous waste within the City shall hold a license issued by the Agency. If the County undertakes the issuance of licenses for the generation of hazardous waste, all generators located within the City shall be so duly licensed. B. Collection. Hazardous waste shall be collected only by handlers of hazardous materials duly licensed by the State of Minnesota and the County. In the event that any hazardous waste is released in the City, the collector or transporter shall immediately notify City authorities and shall immediately begin removal and remedial actions designed to protect the environment and the health, safety and welfare of the residents of the City. C. Disposal. Disposal of hazardous waste within the City is prohibited. Any collector or transporter operating within the City shall dispose of hazardous waste only in accordance with applicable Federal law, Minnesota Statutes, and the rules promulgated by the Agency. (Ord. 91-15, August 12, 1991) 7-8-5: YARD WASTE: A. Source Separation. All persons who are owners, lessees, or occupants of any building, commercial or residential, within the City that generates yard waste shall separate that yard waste from all solid waste. Commingling of yard waste and mixed municipal solid waste is prohibited. B. License Required. Collectors of yard waste shall hold a valid City collectors license. C. Collection. The collection, removal, and disposal of yard waste shall be by contract with a collector duly licensed to perform such collection by the Agency and the County and holding a City collectors license. Yard waste shall be colleted as part of any regular system of collection of mixed municipal solid waste operated within the City. Such collection shall be in accordance with Section 7-8- 3, and the following subsections. 1. Responsibility. The owner and the occupant of any premises, business establishment, or industry and the collector or collection service shall be responsible for the satisfactory and prompt collection of all yard waste accumulated at a premises, business establishment or industry and its 7-70 transportation to an appropriate waste disposal facility for which a permit has been issued by the Agency and the local government with the jurisdiction and responsibility to do so. 2. Suitable Material. Yard waste is the only material suitable for collection in this separate waste stream. Inclusion of any feces, animal or human, in the yard waste placed for collection shall be considered a nuisance and is prohibited. 3. Placement. Yard waste shall be placed separately from other solid waste by the owner or resident of the property from which the waste is derived. 4. Collection Sites. Yard waste collection sites shall be located at the property or residence generating the waste or at a suitable nearby location that is accessible to the owner or resident and the collector. 5. Containers. Yard waste shall be separately contained in bags that prevent the release of any such yard waste, are odor proof and which are capable of being lifted and transported without breakage. 6. Accumulation. Yard waste shall not be allowed to accumulate in excessive amounts that represent a hazard to public health. Accumulation of excessive amounts of yard waste at any property or collection location shall be considered a public nuisance. D. Disposal. Yard waste generated in the City shall not be disposed of in any landfill. The preferred method for yard waste disposal is composting that produces a usable end product or incorporation into the soil as an agricultural amendment. E. Self -Composting Encouraged. Self -composting of yard waste in a backyard composting facility or by leaving lawn clippings in place is encouraged as an efficient, safe and cost effective method of disposal for this waste. (Ord. 91-15, August 12, 1991) 7-8-6: RECYCLING: A. License Required. Collectors of recyclable materials shall hold a valid City collectors license, B. Opportunity to Recycle. Each licensed collector shall provide its customers with an opportunity to recycle through weekly curb side collection of the recyclables targeted below. The targeted recyclables shall be collected from a site at or near the customers mixed municipal solid waste collection site. The 7-71 City collectors license may specify how and where a customer is to place recyclables for collection. C. Ownership of Recyclables. The holder of the City collection license is deemed the owner of the recyclables upon collection and may market them. D. Quarterly Report on Recyclables. Each licensed collector of recyclable materials shall submit a quarterly report to the City to include the weight in tons of mixed recyclables collected by that licensee within the City. The report shall be due on or before the twentieth (20th) day of the month following the close of the quarter on a form prescribed by the City. The report shall also identify the estimated weight of each type of recyclable collected, distinguish domestic collection tonnage from commercial/business tonnage, and describe how the weights were calculated. E. Source Separation. 1. Pre -Collection. All persons who are owners, lessees, and occupants of any building, commercial or residential, within the City that generated mixed municipal solid waste shall separate from all solid waste the following designated recyclable materials before disposal, removal or collection: a. Paper Recyclables. Paper recyclables shall be bundled separately and/or secured in such a manner as to prevent them from being blow or scattered, and shall be maintained in a dry condition free of any other substance and shall not be placed in plastic bags. b. Aluminum Recyclables. Aluminum recyclables shall be clean of all contents and shall not be placed in plastic bags. C. Glass Recyclables. Glass recyclables shall be clean of all contents with caps, lids and all metal removed prior to collection and shall not be placed in plastic bags. d. Non -Aluminum Can Recyclables. Non -aluminum can recyclables shall be clean of all contents and shall not be placed in plastic bags. e. Plastic Recyclables. Plastic recyclables shall be designated by resolution of the City Council and shall be clean of all contents with caps, lids and all metal removed prior to collection. f. Other. Any other material designated as a source separated recyclable material by resolution of the City Council. These materials shall be packaged for collection as directed in the City Council's resolution. 7-72 2. Containers. All source separated recyclables materials shall be placed into containers and not mixed with other forms of solid waste or mixed municipal solid waste. Containers shall be maintained in a clean and sanitary condition in accordance with all pertinent health statutes, ordinances, rules and regulations. The style, type and construction material for the containers may be designated by the collector as long as the designated container is in accordance with this Ordinance and is adequate and substantial enough to contain the recyclables therein. Further specifications for containers may be adopted by the City Council by resolution. F. Collection. The collection, removal and disposal of recyclable material shall be by contract with a collector duly licensed to perform such collection by the Agency and the Count and holding a City collectors license. It shall be unlawful for any person other than a contacted collector, a City employee acting with authority, or any other authorized person to distribute, collect, remove, disturb, or dispose of recyclable materials after said material have been placed or deposited for collection. G. Disposition of Recyclable Materials. 1. Disposal of Recyclable Materials. Any source separated recyclable materials shall be delivered for reuse in their original form or for use in a manufacturing process that does not cause the destruction of recyclable materials in a manner that precludes further use. 2. Other Disposal of Recyclable Material. Disposal of source separated recyclable material in any manner other than stated in Section 7-8-7 shall operate to void the exemption from mixed municipal solid waste as to that material and brings that material within the full scope of this Ordinance. 3. Liability for Cost of Proper Disposal. The collector of the material in question shall be liable for all costs and charges relating to the proper disposal of the material after the exemption is void and the collector's City collection license may be revoked for any such improper disposal. H. Right to Individual Disposal of Recyclable Materials. Nothing in this Ordinance shall abridge the right of any person to give or sell their recyclable materials to any recycling program lawfully operated for profit, non-profit, charitable purposes. (Ord. 91-15, August 12, 1991) 7-73 7-8-7: WASTE DISPOSAL FACILITIES: The following sections control the location, use and operation of waste disposal facilities located within the corporate limits of the City. These sections are intended to complement, conform to, and operate in conjunction with the City Zoning Ordinance and the City's Comprehensive Plan. A. Floodplain and Wetland Prohibition. No waste disposal facility of any type or kind shall be located in, on, or within three hundred (300) feet of a floodplain or a wetland. This prohibition is not waiverable in reference to any facility and overrides any and all waivers or conditional uses allowed. B. Waste Disposal Facilities. 1. Prohibition. Location of any waste disposal facility, including, but not limited to, a landspreading facility for other than yard waste, a construction debris disposal facility, a mixed municipal solid waste disposal facility, an industrial waste disposal facility, a hazardous waste disposal facility, an infectious waste disposal facility or any waste incineration facility within the corporate limits of the City is prohibited except as allowed in the immediately following section. This prohibition is based on the City Council's finding that the soil types and subsurface material within the City and the City's proximity to a major surface water course generally preclude the location of these types of facilities within the City, 2. Backyard Yard Waste Composting Facilities. Backyard yard waste composting facilities are exempt from this Ordinance to the extent that they do not have any deleterious effect on the public health, environment, surface water or ground water. This exemption shall be void if it is found that a deleterious effect has resulted or is resulting from the disposal and upon such a finding such waste shall come within all of the terms of this Ordinance. Proof of the lack of deleterious effect is the burden of the generator. 3. Individual Waste Disposal Facilities. Where regular collection services are not available, mixed municipal solid waste resulting from a single family's property is exempt from this Ordinance to the extent that it does not have any deleterious effect on the public health, environment, surface water or ground water. This exemption shall be void if it is found that a deleterious effect has resulted or is resulting from the disposal and upon such a finding such waste shall come within all of the terms of this Ordinance. Proof of the lack of deleterious effect is the burden of the generator. 4. Waiver. It is within the discretion of the City Council to waive the prohibition on waste disposal facilities on a site specific basis. This discretionary waiver of the prohibition shall be preceded by submission of facts and plans by the proposed operator and owner of the facility, a public 7-74 hearing and issuance of a decision by the City Council. If allowed by the City Council, the facility must, at a minimum, conform to the rules promulgated by the Agency for the type of waste facility allowed. a. Facts and Plans. Facts and plans shall contain the following materials, at a minimum, and any other materials requested by the City Council - 1 ) ouncil: 1) Name of the site owner. 2) Name of the site operator. 3) Address of a contact person for the facility operation. 4) A telephone number for the contact person. 5) Location of the site. 6) An environmental impact statement or environmental assessment worksheet, as applicable, including but not limited to, an assessment of the potential impact on surface and groundwater, the potential for litter, the potential for particulate air pollution, the potential for runoff, the potential for leachate formation and the potential for excessive or offensive odors. 7) A description of any processing of the waste. 8) The plan for acceptance and disposal of the waste. 9) The end product of the process and its planned disposition if the waste is processed. 10) A description of steps to be taken to abate, ameliorate or negate the potential environmental hazards. 11) Any preliminary information or indications from the Agency or any other governmental or private organization relative to the potential hazards or problems with the site. b. Notice. Notice of the public hearing shall be given thirty (30) days prior to the hearing. Notice shall be published in a newspaper of general circulation in the City and mailed notice shall be provided to landowners adjacent to the proposed site. The notice shall indicate the type of facility proposed, its location, the time and date of the public hearing and shall state the fact that the plans and facts 7-75 relevant to the proposal are available for public review in the City offices. The facts and plans submitted by the operator shall be made available to the public during the notice period, during normal business hours, at the City offices. C. Public Hearing(s). Public hearing(s) shall be held by the City Council and all interested parties who request time to present information shall be given such time. Time to present information shall be allotted at the discretion of the City Council but shall be reasonable and equitable in amount. Written comments and objections may be submitted for the City Council's information and review. Records of the hearing shall be kept and such records shall consist of copies of all written materials and transcripts or recordings of the hearing(s). d. City Council Decision. The City Council shall render a decision within sixty (60) days of the final public hearing. A decision to allow the facility constitutes a conditional use permit and the City Council may attach such conditions as it feels are appropriate to protect the public health, safety and welfare and the environment. A negative decision must be accompanied by the reason for the decision. Any decision is appealable as allowed by law. C. Yard Waste Composting Facilities. 1. License. a. Required. Operation of a yard waste composting facility requires licenses provided by the Agency, the County, and a City yard waste composting facility license. b. Issuance. The City yard waste composting facility license shall be issued or denied by the City Council after a public hearing to consider application materials submitted by the proposed facility owner and the operator and to solicit public comment. The public hearing shall be preceded by thirty (30) days notice in a newspaper or general circulation. Mailed notice shall be provided to owners of land adjacent to the proposed site. During the notice period, the application materials shall be available for public review at the City offices and this shall be stated in the public notice. The application will be approved or denied within sixty (60) days of the public hearing. In the event the license is denied, the City Council shall provide the reason for the denial. c. Term. City yard waste composting facility licenses shall be valid for one (1) year with renewal conditional on City Council approval. 7-76 Matters to be considered on renewal include, but are not limited to, conformance with all license requirements and any other statutes, ordinances, rules and regulations promulgated by any governing body with legal authority to regulate the facility. Renewal shall be by resolution of the City Council. The renewal fee shall be set by resolution of the City Council. Public notice of the renewal shall be provided in a newspaper of general circulation in the City. d. Application. The City yard waste composting facility license application shall contain, at a minimum, the following materials, and any other materials requested by the City Council - 1 ) ouncil: 1) Name of the site owner. 2) Name of the site operator. 3) Address of a contact person for the operator. 4) A telephone number for the contact person. 5) Location of the site. 6) An assessment of the possible environmental hazards including, but not limited to, the potential impact on surface and ground water, the potential for litter, the potential for particulate air pollution, and the potential for excessive or offensive odors. 7) A description of the process. 8) The end product of the process and its projected disposition. 9) A description of steps to be taken to abate, ameliorate or negate the potential environmental hazards. e. Insurance. City yard waste composting facility license applicants shall furnish the City with certificates of insurance containing a thirty (30) day cancellation notice issued by insurers duly licensed by the State of Minnesota. Insurance must include commercial general liability insurance covering all operations of the facility with limits not less than two hundred fifty thousand dollars ($250,000.00) per person and five hundred thousand dollars ($500,000.00) per occurrence for bodily and personal injury. If the liability policy includes an aggregate limit, the collector shall insure that the unencumbered aggregate remains not less than five hundred thousand dollars ($500,000.00). 7-77 f. License Bond. The operator of any yard waste facility located within the City shall post a bond payable to the City of Otsego prior to issuance of the City license. The amount of the required bond shall be set by resolution of the City Council. The bond posted as a license requirement is intended to provide indemnification to the City in the event of any violation of this Ordinance or of conditions stipulated in the City license. The posting of this bond does not relieve the facility of any liability for any violations of this Ordinance or any stipulated conditions in the license. In the event that the City is caused to respond, the bond will be forfeited to the extent of the City's response costs. If the response costs exceed the bond amount the facility shall remain liable to the City for costs in excess of the bond amount. g. Fee. The fee for the issuance of the license and conditional use permit shall be set by resolution of the City Council. 2. Facility Requirements. a. Acceptable Materials. The only material acceptable at a yard waste composting facility is yard waste. Any other waste shall be considered unacceptable and acceptance of unacceptable waste at the facility constitutes grounds for revocation of the City license. b. Environmental Damage Limits. The facility shall incorporate methodology designed to: 1) Limit or eliminate surface runoff. 2) Limit or eliminate obnoxious or offensive odors and remain within the limits of the rules promulgated by the Agency concerning odors. 3) Limit or eliminate any dispersal of material off of the site. 4) Measure any leachate production and limit its entry into the ground water. 5) Meet any other requirements imposed as a condition of granting the license. 3. Performance Standards. a. The facility must meet MPCA requirements for a yard waste compost facility as specified in Minnesota Rules 7035.2835. 7-78 b. The facility must not abut a property planned, used, or zoned for residential or public use. C. The facility must be screened from the public right-of-way by operating in an enclosed building or, if outdoors: 1) Within an area enclosed by an opaque fence at least six (6) feet in height with landscaping; and 2) At least one hundred fifty (150) feet from property planned, used, or zoned for residential or public use. d. Other setback and landscape requirements shall be the same as those for the zoning district in which the facility will be located, except that all non -impervious surfaces other than planting beds shall be sodded and irrigated. e. The site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis; covered containers shall be provided for bags, boxes, and other litter left by patrons. f. Space shall be provided on site for a minimum of five (5) customers, or the anticipated peak customer load, whichever is higher, to circulate, park and deposit yard waste materials, except where the Zoning Administrator determines that allowing overflow traffic above five (5) vehicles is compatible with surrounding businesses and public safety. g. One (1) off-street parking space shall be provided for each commercial vehicle operated by the yard waste compost facility. Parking requirements will otherwise be as mandated by the zoning district in which the facility is located except that parking spaces for employees may be reduced when it can be shown that parking spaces are not necessary if employees are transported in a company vehicle to the site. h. All inbound and outbound trucks and equipment, except for personal vehicles, shall be restricted to designated routes established by the City. Noise levels shall not exceed sixty (60) decibels as measured tat the property line of property zoned for residential or public use. Otherwise, noise levels shall not exceed seventy (70) decibels. 7-79 If the facility is located within five hundred (500) feet of property planned, zoned or used for residential use, it shall only be in operation between nine o'clock (9:00) AM and seven o'clock (7:00) PM. k. A pest control plan shall be submitted that is acceptable to the local sanitarian or other appropriate official including, but not limited to, a contract with a licensed pest control operator or regular service. Sign requirements shall be those provided for in the Zoning Ordinance in which the facility is located or as provided by Minnesota Statutes, Chapter 173.086. The facility shall be clearly marked with the name and telephone number of the facility operator and the hours of operation. M. Power driven processing necessary for efficient temporary storage and shipment of material may be approved if the facility meets noise and other considerations listed above. n. The operation of the facility shall comply with a regular inspection scheduled as approved by the sanitarian or other appropriate local official. o. If required, an environmental impact statement or environmental assessment worksheet must be completed prior to granting approval for any yard waste compost facility. 4. Waste Acceptance. a. Inspection and Acceptance. Each load arriving at the facility shall be inspected and acceptance shall be noted on a permanent record. This record shall include the date, transporter name, point or origin and type of waste. This form shall be maintained at all times and shall be available for inspection. Completed acceptance forms shall be held for inspection for four (4) years. b. Unacceptable Waste. In the event that unacceptable waste is delivered to the facility and discovered before acceptance, it shall be the collector's or transporter's responsibility to remove the unacceptable waste within twenty-four (24) hours of receiving notice of its unacceptable status. It shall be considered sufficient notice to inform the driver of the transporting vehicle that the waste is unacceptable provided that the reason for the unacceptable status is provided to that driver in written form. A copy of this written notice shall be maintained in the waste acceptance records and shall be available for inspection. 7-80 C. Ownership of the Waste. Ownership of the waste shall remain in the collector or transporter until the waste is inspected and accepted at the facility at which time ownership shall vest in the facility owner and operator. 5. Facility Operation. a. Process. The process employed shall be designed to reduce or alter the waste to provide an acceptable end use product. b. Receipt of Waste. Yard waste shall be received at the composting site in containerless bulk form and not in plastic or other bags or boxes. Vehicles delivering yard waste must be enclosed. Yard waste may not be delivered, transferred or stored within three hundred (300) feet of any residential building. C. Processing Time. All yard waste accepted must begin processing within twenty (20) days of acceptance at the facility. d. Storage. Adequate storage for one (1) week's backlog of accepted waste shall be provided. This storage site must provide adequate measures to - 1 ) o: 1) Prevent the formation of leachate. 2) Prevent the dispersal of the waste off of the facility. e. Vehicles. All vehicles delivering yard waste must be in compliance with the weight limits of the roads utilized. f. Extraneous Materials. All extraneous materials must be removed within twenty-four (24) hours. g. Nuisance. The composting operation, including delivery, storage, spreading, and composting shall not generate off-site nuisances, Such off-site nuisances include, but are not limited to, dust, odor and wind blown debris or yard waste. The operation shall be free of litter and vermin. h. Other Regulations. The composting shall be accomplished it accordance with the regulations and rules of all other agencies, organizations, or entities having jurisdiction over such activity. Termination. Composting activities shall be suspended if at any time it is determined that conditions exist constituting a fire hazard, 7-81 or if there is a threat to surface or ground water fro runoff or leachate. The City may inspect the site at any time without prior notice to ensure compliance with this Ordinance. Reports. The operator of the composting facility shall report annually to the City. The report shall state the tonnage of yard waste delivered, the tonnage composted, the origin of the yard waste and shall distinguish any yard waste that originates within the City from that originating at other locations. One (1) copy of the annual report required to be submitted to the Agency by the operator or owner shall be submitted to the City Council no later than thirty (30) days after the report is due to be submitted to the Agency. Failure to submit this report constitutes grounds for revocation of the City yard waste composting facility license. D. Landspreading of Yard Waste. 1. License Required. Any person landspreading yard waste shall obtain a City yard waste composting license before beginning the process. 2. Location. Landspreading of yard waste shall be permitted only in those zones where a yard waste composting facility is allowable. 3. Receipt of Waste. Yard waste shall be received at the application site in containerless bulk form and not in plastic or other bags or boxes. Vehicles delivering yard waste must be enclosed. 4. Ownership of the Waste. Ownership of the waste shall remain in the collector or transporter until the waste is inspected and accepted at the facility at which time ownership shall vest in the facility owner and operator. 5. Handling. Yard waste may not be delivered, transferred or stored within three hundred (300) feet of any dwelling except the dwelling of the landowner. Yard waste may not be stored within three hundred (300) feet, nor spread within one hundred (100) feet, of any wetland or floodplain. 6. Application. Yard waste may be applied within any twelve (12) month period at a rate not to exceed three (3) inches in depth or such lesser amount as may be necessary to allow complete incorporation. 7. Processing. Yard waste must be spread within three (3) days of receipt and incorporated within fifteen (15) days of receipt. Yard waste received after a one (1) inch deep ground freeze must be incorporated by the following May 15. 7-82 8. Vehicles. All vehicles delivering yard waste must be in compliance with the weight limits of the roads utilized. 9. Extraneous Materials. All extraneous materials must be removed within twenty-four (24) hours. 10. Nuisance. The landspreading operation, including delivery, storage, spreading and incorporation, shall not generate off-site nuisances of a greater amount or different type than is typically associated with farming. Such off-site nuisances include, but are not limited to, dust, odor and wind blown debris or yard waste. The operation shall be free of litter and vermin. 11. Other Regulations. The landspreading shall be accomplished in accordance with the regulations and rules of all other agencies, organizations or entities having jurisdiction over such activity. 12. Termination. Landspreading activities shall be suspended if at any time it is determined that conditions exist constituting a fire hazard, or if there is a threat to surface or ground water from runoff or leachate. The City may inspect the site at any time without prior notice to ensure compliance with this Ordinance. 13. Rented Land. On rented or leased land, no landspreading shall take place without the permission of the landowners. 14. Reports. The operator of the landspreading facility shall report annually to the City. The report shall state the tonnage of yard waste delivered, the tonnage incorporated, the origin of the yard waste and shall distinguish any yard waste that originates within the City from that originating at other locations. Failure to submit this report constitutes grounds for revocation of the City yard waste composting facility license. E. Agricultural Waste. No part of this Ordinance is intended to limit the incorporation into soil of agricultural waste originating on the property on which it is incorporated. That agricultural practice shall not be considered waste or yard waste composting and shall be allowable without any license or permit from the City. (Ord. 91-15, August 12, 1991) 7-8-8: VIOLATIONS AND PENALTIES: A. Criminal Penalties. Any person who fails to comply with any provision of this Ordinance shall be deemed to have committed a penal violation. A separate offense shall be deemed committed upon each day during on or which a violation 7-83 occurs or continues. The penalty for such violation shall be a misdemeanor per Minnesota Statute 412.231 or as later amended, plus the costs of prosecution. B. Injunctive Relief. In the event of a violation or a threatened violation of this Ordinance, the City may institute appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, correct or abate such violations or threatened violations. C. Civil Action or Cost as a Special Tax. If any person fails to comply with any provision of this Ordinance, the City may recover costs incurred for corrective action in a civil action in any court of competent jurisdiction or, at the discretion of the City Council, the costs may be certified to the City Clerk as a special tax against the real property involved to the extent allowed by law. (Ord. 91-15, August 12, 1991) 7-8-9: LIABILITY AND INDEMNIFICATION: A. Liability. Compliance with this Ordinance does not act to shift any liability legally accruing to the generator, collector or facility owner or operator to the City. The City functions as a regulator only and is not participating in the management of any waste generation, collection or facility operation other than its own waste generation and disposal processes. B. Generators Indemnification. Each generator of waste residing within the City shall take all reasonable precautions necessary to protect the public from injury and shall defend, indemnify and save the City harmless from any liability, claims, damages, costs, judgments, expenses and claims of damages that may arise by reason of any tort claim for bodily or personal injury, disease, death or damage to property resulting directly or indirectly from an act or omission of the generator including any generator acting as a collector and self transporter by transporting that generator's own waste to a facility, C. Collectors Indemnification. Each collector of waste operating within the City shall take all reasonable precautions necessary to protect the public from injury and shall defend, indemnify and save the City harmless from any liability, claims, damages, costs, judgments, expenses and claims of damages that may arise by reason of any tort claim for bodily or personal injury, disease, death or damage to property resulting directly or indirectly from an act or omission of the collector, its agents, employees, or independent contractors, or anyone for whom any of them may be liable. D. Facility Indemnification. Each facility of any type located within the City shall take all reasonable precautions necessary to protect the public from injury and shall defend, indemnify and save the City harmless from any liability, claims, damages, costs, judgments, expense and claims of damages that may arise by 7-84 reason of any tort claim for bodily or personal injury, disease, death or damage to property resulting directly or indirectly from an at or omission of the facility owner or operator, their agents, employees, or independent contractors, or anyone for whom any of them may be liable. (Ord. 91-15, August 12, 1991) 7-8-10: SEPARABILITY CLAUSE: Should any court of competent jurisdiction adjudge any provision of this Ordinance invalid, such judgment shall not affect any other provision of this Ordinance not specifically included in such judgment. (Ord. 91-15, August 12, 1991) 7-8-11: PROVISIONS CUMULATIVE: The provisions of this Ordinance are cumulative and are additional limitations upon all other laws and ordinances covering any subject matter in this Ordinance (Ord. 91-15, August 12, 1991) 7-85 SECTION 9 CABLE ORDINANCE Section 7-9-1 Intent 7-9-2 Short Title 7-9-3 Definitions 7-9-4 Franchises 7-9-5 Construction Standards 7-9-6 System Design and Extension Provisions 7-9-7 Consumer Protection and Customer Service Standards 7-9-8 Community Services 7-9-9 Administration Provisions 7-9-10 Indemnification and Insurance 7-9-11 Franchise Transfer or Abandonment 7-9-12 Protection of Individual Rights 7-9-13 Unauthorized Connections and Modifications 7-9-14 Enforcement of the Cable Ordinance or Franchise 7-9-1: INTENT: A. Findings. The City finds that multiple providers may be interested in providing cable service in the City. The City is authorized to grant one (1) or more non- exclusive franchises to provide cable service in the City. (Ord. 02-21, October 28, 2002) B. Intent. The City's intent in adopting this cable ordinance is to further the public interest in the delivery of cable service and ensure that all provides of cable service are subject to comparable burdens consistent with applicable law. This Cable Ordinance may encourage further development of, and competitive choices for, cable service and related communications services in the City. Such a development could contribute significantly to the communication needs and desires of residents of the City, benefit local economic development, and improve public and municipal services. (Ord. 02-21, October 28, 2002) 7-9-2: SHORT TITLE: This ordinance will be known and cited as the "Cable Ordinance." (Ord. 02-21, October 28, 2002) 7-9-3: DEFINITIONS: For the purposes of this Cable Ordinance, the following terms, phrases, words, and their derivations must have the meaning given herein. Terms, phrases and words contained in this Cable Ordinance that are not defined herein or in a franchise will have their normal and customary meaning. When not 7-86 inconsistent with the context, words on the singular number include the plural number. The words "must" and "will" are always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. Basic Cable Service: Any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by a franchise. Cable System: A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (1) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (2) a facility that serves subscribers without using any right-of-way; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions of subchapter II of 47 U.S.C. 521, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on - demand services; (4) an open video system that complies with 47 U.S.C. 573; or (5) any facilities of any electric utility used solely for operating its electric utility system. Cable Service: (1) The one-way transmission to subscribers of (i) video programming, or (ii) other programming service; and (2) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. Channel: A portion of the electromagnetic frequency spectrum which is used in a system and which is capable of delivering a television channel (as television channel is defined by the FCC by regulation). City: The City of Otsego, Minnesota, a municipal corporation, in the State of Minnesota. Competition: The offering of cable service to substantially the same potential customers in the City by two (2) or more providers pursuant to franchises. Drop: The cable the connects the ground block on the subscriber's terminal device to the nearest feeder cable of the system. FCC: The Federal Communications Commission, or its lawful successor. Franchise, Cable Franchise, Franchise Agreement: An agreement between the City and any provider of cable service pursuant to this Cable Ordinance granting an initial authorization, or renewal thereof, to provide cable service or operate a system in the City. 7-87 Fee: A franchise fee, a fee on gross revenues in lieu of a franchise fee or an assessment imposed by the City on a grantee solely because of its status as a recipient of a franchise. The term "franchise fee" does not include: (i) any tax, fee or assessment of general applicability; (ii) capital costs which are required by the franchise related to the provision of public, educational, or governmental access facilities; (iii) requirements or charges incidental to awarding or enforcing the franchise, including payments for bonds, security funds or letters of credit, insurance, indemnification, penalties, or liquidated damages; (iv) any fee imposed under Title 17 of the United States Code. Grantee: Any recipient of a franchise, and its agents and employees, lawful successors, transferees, or assignees. Gross Revenues: All revenues received by a grantee or its affiliates from the sale or provision of cable service in the City. By way of example and not limitation, gross revenues shall include all carriage revenues received by a grantee or its affiliates from unaffiliated video programming providers, and any advertising revenues received by a grantee or its affiliates in connection with the provision of cable service. Gross revenues shall not include bad debt, any taxes or fees on services furnished by grantee imposed by any municipality, state, or other governmental unit and collected by grantee for such governmental unit, revenues received by the grantee or its affiliates from the provision of telecommunications services in the City, fees collected by a grantee or its affiliates from subscribers, and any other fees collected by a grantee or its affiliates from subscribers to support PEG access facilities. Installation: The connection of the system with the subscriber terminal device. Lockout Device: An optional mechanical or electrical accessory to a terminal device which inhibits the viewing of a certain program, certain channel or channels provided over a system. Normal Business Hours: Those hours during which most businesses in the City are open to serve customers. Normal business hours generally means between eight o'clock (8:00) AM and five o'clock (5:00) PM, but must include some evening hours at least one (1) night per week and/or some weekend hours. Normal Operating Conditions: Those service conditions which are within the control of a grantee. Those conditions which are not within the control of a grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of a grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade/construction of a grantee's facilities. Open Video System: A facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment that is designed to 7-88 provide cable service which includes video programming and which is provided to multiple subscribers within a community, provided that the FCC has certified such open video system complies with 47 C.F.R. subpart S. Pay Television: The delivery of pay -per -channel or pay -per -program audio visual signals to subscribers for a fee or charge, in addition to the charge for cable service. PEG Access Facilities: Public, educational, and governmental programming channels, or any equipment or facilities for use of such channels. Person: Any natural person, firm, partnership, association, corporation, company, or other legal entity. Right -of -Way or Rights -of -Way: The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the local government unit has an interest, including other dedicates rights-of-way for travel purposes and utility easements of local government units. Right-of-way does not include the air waves above a right-of-way with regard to wireless or other non -wire telecommunications or broadcast service. Right -of -Way Ordinance: An ordinance adopted by the City creating requirements regarding regulation, management and use of rights-of-way, including registration and permitting requirements. Standard Installation: Any residential installation that can be completed using a drop of one hundred fifty (150) feet or less. Subscriber: Any person who lawfully receives cable service via a system. System: A cable system, an open video system, or any other network of antennas, cables, wires, lines, towers, wave guides, or other conductors, terminal devices, equipment, or facilities located in whole, or in part, in the City and designed and constructed for the purpose of producing, receiving, transmitting, amplifying, or distributing cable service in the City. Telecommunications Services: The meaning ascribed in 47 U.S.C. 153(46), as may be explained or interpreted by final action of the FCC. Terminal Device: An electronic device that converts signals to a form accessible by the subscriber. (Ord. 02-21, October 28, 2002) 7-9-4: FRANCHISES: A. Generally. 7-89 1. No person may provide cable service in the City, nor operate a system in the City, unless and until such person is granted a franchise. All franchises must be granted pursuant to the provisions of this Cable Ordinance. 2. Any franchise granted hereunder will authorize the grantee to deliver cable service and construct, operate, and maintain a system in the rights-of-way in the City. 3. All franchises shall be non-exclusive, and City may grant additional franchises at any time. To the extent consistent with applicable law, the City will not grant a franchise for an area included in an existing franchise on terms and conditions more favorable or less burdensome than those in the existing franchise pertaining to: (1) the area service; (2) public, educational, or governmental access requirements; or (3) franchise fees, unless the area in which the additional franchise is being sought is not actually being served by an existing grantee. The City may impose additional terms and conditions on any additional franchises. 4. This Cable Ordinance and franchises granted pursuant hereto are intended to comply with Minnesota Statutes Chapter 238 and applicable law. Any applicable requirement established by Minnesota Statutes 238.084 not expressly incorporated in this Cable Ordinance or a franchise shall be deemed incorporated by reference in the franchise as those fully set forth therein. 5. The performance of any grantee is subject to periodic evaluation by the City upon reasonable notice to the grantee. B. Use of Rights -of -Way. 1. Use of the rights-of-way to provide cable service and operate a system must not be inconsistent with the terms and conditions by which such rights-of-way were created or dedicated and is subject to all legal requirements related to the use of such rights-of-way. 2. The City may adopt and enforce a right-of-way ordinance and all grantees shall be subject to such right-of-way ordinance. To the extent that rights, duties, and obligations regarding the use of rights-of-way are specifically addressed in a franchise such franchise terms shall prevail over any conflicting provisions of a right-of-way ordinance. The terms of the Cable Ordinance shall be subordinate to any conflicting provisions of a right-of- way ordinance. A grantee shall not, through adoption or amendment of a right-of-way ordinance be subject to additional burdens or obligations with respect to usage of the right-of-way which exceed the burdens on other users of the right-of-way under a right-of-way ordinance. 7-90 3. The City may construct, maintain, repair or relocate sewers, grade, pave, maintain, repair, relocate and/or alter any right-of-way; construct, repair, maintain or relocate water mains; or construct, maintain, relocate, or repair any sidewalk or other public work. 4. All system facilities, lines and equipment in the City must be located so as not to obstruct or interfere with the proper use of rights-of-way, alleys and other public ways and places, and cause minimum interference with the rights of property owners who abut any of the said rights-of-way, alleys and other public ways and places, and not interfere with existing public utility installments. 5. A grantee must file with the City maps, plats, or other record of the location and character of all facilities constructed in the City, including underground facilities. A grantee must update such maps, plats and permanent records annually if changes have been made in the system. Consistent with applicable State law, grantee may identify such maps, plats or other records as "confidential trade secret", and City shall comply with all State laws regarding the protection and dissemination of such materials. 6. If the City alters, or changes the grade or location of any right-of-way, alley or other public way, a grantee shall, at its own expense, upon reasonable notice by City, remove and relocate poles, wires, cables, conduits, manholes and other system fixtures, and in each instance comply with the standards and specifications of City. If City reimburses other occupants of the right-of-way, the affected grantee will be likewise reimbursed. 7. A grantee shall not place poles, conduits, or other system fixtures where the same will interfere with any gas, electric, telephone, water or other utility fixtures and all such poles, conduits, or other fixtures placed in any right-of-way shall be so placed as to comply with all lawful requirements of City. 8. A grantee will, on request of any person holding a moving permit issued by the City, temporarily raise or lower its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the person requesting the same, and the grantee will be given no less than ten (10) business days advance notice to arrange for such temporary changes. A grantee may require payment in advance. 9. A grantee will be liable for the failure to exercise reasonable care during construction, operation or maintenance of a system. C. Tree Trimming. A grantee is authorized to trim trees in or overhanging rights- of-way to prevent the branches of such trees from coming in contact with wires 7-91 and cables of a system, or as is otherwise necessary to protect a system. The City may condition the authority to trim trees as it deems appropriate and may supervise tree trimming activities. D. Franchise Term. Franchises will be granted for a term established in the franchise agreement. No franchise agreement may be granted for a period exceeding fifteen (15) years from the date of acceptance by grantee. E. Regulation of Cable Service. 1. The requirements of this Cable Ordinance define the City's regulatory authority over systems and cable services subject to applicable laws. All grantees are subject to all lawful exercise of the City's police power, ordinance -making authority and power to eminent domain. 2. The terms of franchise agreement define the contractual rights and obligations of the City and the grantee there under. F. Initial Franchise Applications. 1. Upon request or its own initiative, the City may initiate a cable franchise application process consistent with Minnesota Statutes Section 238.081 and other applicable laws. Any person desiring an initial franchise must file an application with the City. 2. The City will establish an application fee in an amount to offset the costs of processing applications and awarding a franchise. Such application fees will not constitute a franchise fee. 3. Upon receipt of an application for a franchise, City staff will prepare a report and recommendations to the City Council regarding the application(s). 4, A public hearing concerning applications will be held prior to reflection or acceptance of applications, and aware of any franchises. G. Franchise Renewal. Franchise renewals will be conducted in accordance with applicable laws. To the extent consistent with applicable laws, the City will require reimbursement of the City's expenses incurred in processing the renewal. (Ord. 02-21, October 28, 2002) 7-9-5: CONSTRUCTION STANDARDS: A. Registration, Permits and Construction Codes. 7-92 1. Within ninety (90) days of acceptance of a franchise, the grantee must apply for the necessary governmental permits, licenses, certificates, and authorizations to construct, repair, replace, relocate, operate, maintain or reconstruct a system. Grantees must strictly adhere to all State and local laws and building and zoning codes currently or hereafter applicable to location, construction, installation, operation or maintenance of the facilities used to provide cable service in the City. 2. The City may inspect any construction or installation work performed pursuant to the provisions of a franchise. The City may make such tests as it must find reasonably necessary to ensure compliance with the terms of this Cable Ordinance, the franchise, and applicable provisions of local, State and Federal law. B. Repair of Rights -of -Way and Property. 1. Any rights-of-way or other property disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or reconstruction of a system shall be fully and promptly restored, subject to weather conditions (i.e., winder conditions/frozen ground), by the grantee performing such work, at its expense, to a condition as good as that prevailing prior to such work. 2. If a grantee fails to promptly perform the restoration required herein, the City shall have the right, following ten (10) business days written notice to grantee, to restore rights-of-way and other public property to a condition as good as that prevailing prior to the grantee's work. The City shall be fully reimbursed by the grantee for its actual costs relating to such restoration. C. Undergrounding of Facilities. 1. In all areas of the City where utility facilities are required to be placed underground, or where all other utility lines are underground, all grantees must construct and install system facilities underground. 2. Amplifier boxes and pedestal mounted terminal boxes may be placed above ground, but such facilities shall be of such size, design, and location as not to be unsightly or unsafe, as reasonably approved by the City. 3. A grantee must bury new drops within a reasonable time period, which must not exceed fifteen (15) business days, subject to weather conditions. In the event the ground is frozen, a grantee will be permitted to delay burial until the ground is suitable for burial which in no event must be later than June 30tH 7-93 D. Erection, Removal and Joint Use of Poles. 1. A grantee must at all times employ ordinary and reasonable care in the construction, installation, and maintenance of system facilities and must use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. All system facilities must at all times be kept and maintained in good condition, order, and repair so that the same must not menace or endanger the life or property of the City or any person. 2. A grantee must install and maintain equipment and facilities in accordance with all applicable Federal, State and local laws and regulations, and the requirements of the National Electric Safety Code and in such manner that they will not interfere with private radio, police and fire communications or any installations of City or of any public utility serving City. (Ord. 02-21, . October 28, 2002) 7-9-6: SYSTEM DESIGN AND EXTENSION PROVISIONS: A. System Capacity and Channels. At a minimum, any franchise granted hereunder shall describe the grantee's network in terms of the total system capacity such as the total number of analog and digital video channels which can be provided, and the minimum number of video channels which will be offered. B. Cable Service Availability. 1. Any franchise granted hereunder may authorize cable service throughout the City, or a portion thereof. 2. Each franchise will identify a required service area. A grantee will be required to offer cable service to all dwellings, homes and businesses within its required service area. Franchises may authorize and require cable service throughout the corporate boundaries of the City, as it exists from time to time, or such smaller area as the City reasonably and lawfully deems appropriate and is agreeable to the grantee. 3. Any franchise granted hereunder may establish requirements for the extension of the system and provision of cable service beyond the initially required service area. 4. Cable service shall not be denied to any group of potential residential cable subscribers because of the income of the residents of the area in which such group resides. 7-94 C. Non -Standard Installations. Grantees must provide cable service to any person requesting other than a standard installation provided the cable service can meet FCC technical specifications and all payment obligations are met, except that a grantee may charge for the incremental increase in material and labor costs incurred above the cost of making a standard installation. D. Technical Standards. Any system offering cable service in the City must comply, at minimum, with the technical standards promulgated by the FCC relating to cable systems pursuant to Title 47, Section 76.601 to 76.617, as may be amended or modified from time to time. E. System Testing. 1. In the event City finds that there are signal or system performance difficulties which may constitute violations of applicable FCC technical standards, the grantee will be notified and afforded fifteen (15) business days to investigate and, if necessary, correct problems or complaints. If the performance difficulty is not resolved within fifteen (15) days, the City may require the grantee to demonstrate compliance via testing or other means selected by the grantee. 2. If a performance difficulty continues after the provision of Section 6.5(a), the City may test any system or facilities used to provide cable service in the City. The City will seek to arrange its testing so as to minimize hardship or inconvenience to grantee and subscribers. In the event that testing reveals that the source of the technical difficulty is within the grantee's reasonable control, the cost of the testing must be borne by the grantee. If the testing reveals the difficulties to be caused by factors that are beyond grantee's reasonable control, the cost of the testing must be borne by the City. F. FCC Reports. Grantees must, upon written request from City, file all required FCC technical reports with the City. G. Non -Voice Return Capability. Grantees are required to provide a system with capacity and technical capability to provide non -voice return communications. H. Lockout Device. Grantees shall provide by sale or lease a lockout device to any requesting subscriber. Emergency Alert System. All grantees must provide an emergency alert system (EAS) that complies with FCC requirements. Grantees must further ensure that City can insert, or direct the insertion of, brief audio and video emergency messages simultaneously on all channels. The City shall indemnify grantee for City's use of a system for emergency messages unless such use is consistent with the FCC's EAS requirements. (Ord. 02-21, October 28, 2002) 7-95 7-9-7: CONSUMER PROTECTION AND CUSTOMER SERVICE STANDARDS: A. Enforcement of Customer Service Standards. Section 7-9-7 shall be fully applicable except during periods when competition exists in the City in areas where competition exists in the City, except that the City may initiate enforcement of this section while competition exists in the event the City receives, in any thirty (30) day period, at least five (5) written complaints with respect to each competitor concerning similar customer service issues. In such case, the City Council may initiate enforcement of this section by adopting a resolution indicating the basis for initiating enforcement. B. Regulation of Cable Service Rates. 1. The City may regulate rates for the provision of cable service to the extent allowed under Federal or State law(s). 2. Grantees must file a list of current subscriber rates and charges with the City, which lists will be maintained on file with City and will be available for public inspection. Grantees must give the City and subscribers written notice of any change in a cable service rate or charge no less than thirty (30) days prior to the effective date of the change. C. Sales Procedures. A grantee may not exercise deceptive sales procedures when marketing any of its cable services within the City. Grantees may conduct marketing consistent with local ordinances and other applicable laws and regulations. D. Telephone Inquiries and Complaints. 1. A grantee must maintain local, toll free or collect call telephone access lines which will be available to its subscribers twenty-four (24) hours a day, seven (7) days a week. 2. During normal business hours, trained representatives of grantee must be available to respond to subscriber inquiries. Grantees must ensure that.. (1) an adequate number of trained company representatives will be available to respond to customer telephone inquiries during normal business hours, and; (2) after normal business hours, the access line will be answered by a trained company representative or a service or an automated response system such as an answering machine. 3. Inquiries received after normal business hours must be responded to by a trained company representative on the next business day. 7-96 E. Telephone Answer Time and Busy Signals. 1. Under normal operating conditions, telephone answer time by a customer representative, including wait time, must not exceed thirty (30) seconds when the connection is made. If the case needs to be transferred, transfer time must not exceed thirty (30) seconds. 2. These standards must be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis. Under normal operating conditions, the customer must receive a busy signal less than three (3) percent of the time. F. Installation, Outage and Service Calls. Under normal operating conditions, each of the following standards will be met no less than ninety-five (95) percent of the time measured on a quarterly basis. 1. Excluding conditions beyond the reasonable control of a grantee which prevent performance, grantees will begin working on service interruptions promptly, and in no event later than twenty-four (24) hours after the interruption becomes known, and grantees must begin actions to correct other service problems the next business day after notification of the service problem and resolve such problems as soon as is reasonably possible. 2. The "appointment window" alternatives for installations, service calls, and other installation activities will be either a specific time or, at maximum, a four (4) hour time block during normal business hours. Grantees may schedule service calls and other installation activities outside of normal business hours for the convenience of the customer. 3. A grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. 4. If a representative of a grantee is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be re -scheduled, as necessary, at a time during normal business hours which is convenient for the customer. G. Complaint and Other Service Records. 1. Upon written request by the City, and subject to a grantee's obligation to maintain the privacy of certain information, grantees must prepare and maintain written records of all complaints received and the resolution of such complaints, including the date of such resolution. 7-97 2. Written complaint records must be on file at the office of a grantee. Upon written request by the City, grantees must provide the City with a written summary of such complaints and their resolution on a quarterly basis and in a form mutually agreeable to the City and grantee. 3. Upon written request by the City, grantees must provide detailed compliance reports on a quarter basis with respect to the objectively measurable service standards required in this Section. A grantee will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards contained in this Section unless a historical record of complaints indicates a failure to comply. H. Subscriber Contracts. Grantees must provide to the City upon request any standard from subscriber contract utilized. If no such written contract exists, grantee must provide a document completely and concisely stating the length and terms of the subscriber contract offered to customers. J IN Video Programming. All franchises will identify the initial video channels to be provided by a grantee. To the extent required by 47 U.S.C. 544(b), prior City approval is required for any change in the broad categories of video programming provided. Individual programming decisions may be made in the discretion of a grantee. Billing and Subscriber Communications. 1. A grantee must give the City and Subscribers thirty (30) days advance written notice of any changes in rates, programming services, or channel alignments. 2. Bills must be clear, concise, and understandable. Bills must clearly delineate all activity during the billing period, including optional charges, rebates, and credits. In case of a billing dispute, the grantee must respond to a written complaint from a subscriber within thirty (30) days. Refunds and Credits. 1. If a grantee's cable service is interrupted or discontinued for twenty-four (24) or more consecutive hours, its subscribers must be credited pro rate for each interruption. Credits must be issued no later than the subscriber's next billing cycle following the determination that a credit is warranted. 2. in the event a subscriber establishes or terminates cable service and receives less than a full month's cable service, the grantee must prorate the monthly rate on the basis of the number of days in the period for which cable service was rendered to the number of days in the billing. Refund 7-98 checks will be issued promptly, but no later than the return of the equipment supplied by the grantee is cable service is terminated. L. Local Office/Drop Box. Grantees must maintain a local office or a local drop box for receiving subscriber payments. M. Additional Customer Service Requirements. The City may adopt additional or modified customer service requirements to address subscriber concerns or complaints. Such requirements must be consistent with applicable laws. (Ord. 02-21, October 28, 2002) 7-9-8: COMMUNITY SERVICES: A. PEG Access Facilities. Franchises will establish obligations to provide PEG access facilities to meet the community's needs and interests. B. Service to Public or Educational Institutions: Franchises will establish obligations for the provision of free or reduced cost services to identified public or educational institutions. (Ord. 02-21, October 28, 2002) 7-9-9: ADMINISTRATION PROVISIONS: A. Administration of Franchise. 1. The City Administrator will have continuing regulatory supervision over systems, cable services, and franchise compliance; provided, however, the City Council shall have the sole authority to hold hearings and take final enforcement action as provided in Section 7-9-14.A or revoke a franchise as provided for in Section 7-9-14.13. 2. The City Administrator may delegate this regulatory supervision by giving written notice of such delegation to affected grantees. Grantees must cooperate with any such delegate of the City Administrator. B. Fee. 1. A grantee must pay to the City a fee in the amount established in the franchise agreement. 2. Fee payments are payable quarterly. Fee payments must be made within sixty (60) days of the end of each calendar quarter. 3. Each fee payment must be accompanied by a report certified by an officer of the grantee, in form reasonably acceptable to City, detailing the 7-99 computation of the payment. All amounts paid must be subject to audit and re -computation by the City and acceptance of any payment must not be construed as an accord that the amount paid is in fact the correct amount. 4. A grantee may designate that portion of a subscriber's bill attributable to the fee as a separate line item on the bill. C. Access to Records. 1. The City may, upon reasonable notice and during normal business hours, and subject to the privacy provisions of 47 U.S.C. 521 et seq., inspect any records maintained by a grantee which relate to its franchise or system operations, including specifically grantee's records relating to gross revenues. Grantees must make copies of documents upon City's reasonable request but may identify and label any such documents as "confidential trade secret" in accordance with Section 7-9-9.C.1. 2. Grantees must prepare and furnish to the City such reports with respect to the operations, affairs, transactions or property, as they relate to this franchise or cable services as City may reasonably request. (Ord. 02-21, October 28, 2002) 7-9-10: INDEMNIFICATION AND INSURANCE: A. Indemnification of the City. 1. A grantee must indemnify, defend and hold harmless the City, its officers, boards, committees, commissions, elected officials, employees and agents (an "indemnified party") from and against any loss or damage to any real or personal property of any person; or for any injury to or death of any person, arising out of or in connection with the construction, operation, maintenance, repair or removal of, or other action or event with respect to a system or other facilities used by a grantee to deliver cable service. 2. A grantee must indemnify, defend, and hold harmless an indemnified party from and against all lawsuits, claims, actions, liability, damages, costs, expenses or penalties incurred as a result of the award or enforcement of a franchise. 3. A grantee shall not be required to provide indemnification or defense for any intentional misconduct, willful neglect or negligence by an indemnified party, for any enforcement action taken by an indemnified party against a grantee, or for any claim based solely on the City's operation of PEG 7-100 access facilities, delivery of PEG access programming, or EAS messages originated by the City. 4. With respect to each claim for indemnification: a. The indemnified party must promptly notify the grantee in writing of any suit, claim, or proceeding which gives rise to such right. b. The grantee must afford the indemnified party an opportunity to participate in any compromise, settlement, or other resolution or disposition of any suit, claim or proceeding. C. The indemnified party must cooperate with reasonable requests of the grantee, at grantee's expense, in its participation in a suit, claim or proceeding. 5. Subject to the limitations in Minnesota Statutes Chapter 466, the City shall indemnify, defend and hold a grantee harmless for any damage resulting from any intentional misconduct, willful neglect or negligence by an indemnified party in utilizing any PEG access facilities or PEG channels, or in connection with work performed on or adjacent to the system. B. Insurance. 1. A grantee must obtain and maintain in full force and effect, at its sole expense, a comprehensive general liability insurance policy, in protection of the grantee, and the City, its officers, elected officials, boards, commissions, agents and employees for damages which may arise as a result of operation of the system or delivery of cable service. 2. The policies of insurance must be in the sum of not less than one million dollars ($1,000,000.00) for personal injury or death of any one (1) person, and two million dollars ($2,000,000.00) for personal injury or death or two (2) or more persons in any one (1) occurrence, five hundred thousand dollars ($500,000.00) for property damage to any one (1) person and two million dollars ($2,000,000.00) for property damage resulting from any one (1) act or occurrence. 3. The insurance policy must be maintained by grantee in full force and effect during the entire term of the franchise. Each certificate of insurance must contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether for non-payment of premium, or otherwise, and whether at the request of grantee or for other reasons, except after thirty (30) days advance written notice have been provided to the City. (Ord. 02-21, Oct. 28, 2002) 7-101 7-9-11: FRANCHISE TRANSFER OR ABANDONMENT: A. Abandonment of Service. A grantee may not discontinue the provision of cable service without having first given three (3) months written notice to the City. B. System Removal After Abandonment, Termination or Forfeiture. 1. In the event of termination or forfeiture of the franchise or abandonment of the system, the City may require the grantee to remove all or any portion of its system from all rights-of-way and public property within the City; provided, however, that the grantee will not be required to remove its system to the extent it is authorized to provide telecommunications services or non -cable services over the system. 2. If the grantee has failed to commence removal of its system, or such part thereof as was designated by the City, within one hundred twenty (120) days after written demand for removal is given, or if the grantee has failed to complete such removal within twelve (12) months after written demand for removal is given, the City may apply funds secured by the franchise toward removal and/or declare all right, title, and interest in the system to be in the City with all rights of ownership including, but not limited to, the right to operate the system or transfer the system to another for operation by it pursuant to the provisions of 47 U.S.C. 547. C. Sale or Transfer of Franchise. 1. No sale or transfer of ownership of a grantee or "fundamental corporate change" in a grantee as defined in Minnesota Statutes 238.083, nor sale of transfer of a franchise, is permitted without City approval. Any sale or transfer of stock in a grantee creating a new controlling interest constitutes a sale or transfer of ownership. A "controlling interest" includes majority stock ownership or a lesser amount sufficient to confer actual working control in whatever manner exercised. City approval is not required where a grantee grants a security interest in its franchise or system to secure an indebtedness. 2. A grantee must file a written request with the City prior to any transaction described above. The City will approve or deny a transfer request within one hundred twenty (120) days of receipt of a written request. The City will not unreasonably withhold, delay or condition its approval. 3. In no event will a transaction be approved under Section 7-9-11.C.1 unless the transferee becomes a signatory to, and assumes all rights and obligations under, the franchise. 7-102 4. In the event of any proposed transaction described above, the City will have the right to purchase the system. In the event a grantee has received a bona fide offer for purchase of its system, the City shall have the right to purchase for the price which the proposed assignee or transferee agreed to pay. The City will be deemed to have waived its right to purchase the system in the following circumstances: a. The City does not notify the grantee in writing, within ninety (90) days of notice, that it accepts all material terms and conditions of the purchase of the system; or b. The City approves the transaction. (Ord. 02-21, Oct. 28, 2002) 7-9-12: PROTECTION OF INDIVIDUAL RIGHTS: A. Discriminatory Practices Prohibited. No grantee may deny cable service or otherwise discriminate against citizens or businesses on the basis of race, color, religion, national origin, sex, age, status as to public assistance, affectional preference, or disability. B Subscriber Privacy. 1. Grantees must comply with the subscriber privacy -related requirements of 47 U.S.C. 551. 2. No signals of a Class IV channel may be transmitted from a subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written authorization of the subscriber. 3. No lists of the names and addresses of subscribers or any lists that identify the viewing habits of subscribers may be sold or otherwise made available to any party other than to grantee and its employees for internal business use, and also to the subscriber subject of that information, without the express written authorization of the subscriber. 4. Written subscriber authorization is limited to a period not to exceed one (1) year. Subscriber authorization may be renewed at the option of the subscriber. No penalty may be invoked for a subscriber's failure to provide or renew such authorization. The authorization must be revocable at any time by the subscriber without penalty of any kind whatsoever. 5. Written authorization from a subscriber is not required for conducting system -wide or individually addressed electronic sweeps to verify system integrity or monitor for billing purposes. This information must be kept 7- 103 confidential subject to the provision set forth in Section 7-9-12.6.2 of this Section. (Ord. 02-21, Oct. 28, 2002) 7-9-13: UNAUTHORIZED CONNECTIONS AND MODIFICATIONS: A. Unauthorized Connections or Modifications Prohibited. 1. It is unlawful for any person, without the express consent of the grantee, to make or possess, or assist anybody in making or possessing, any connection, extension, or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of a grantee's system or receive cable service from a grantee's system without a grantee's authorization. 2. It is unlawful for any person to willfully interfere, tamper, remove, obstruct, or damage, or assist thereof, any part or segment of a system for any purpose whatsoever. 3. Any person found guilty of violating this section may be fined not less than one hundred dollars ($100.00) and the costs of the action nor more than five hundred dollars ($500.00) and the costs of the action for each and every subsequent offense. (Ord. 02-21, Oct. 28, 2002) 7-7-14: ENFORCEMENT OF THE CABLE ORDINANCE OR FRANCHISE: A. Violations or Other Occurrences Giving Rise to Enforcement Action. 1. In order to take enforcement action pursuant to this Cable Ordinance or a franchise, the City must provide the grantee with written notice of the violation or other occurrence giving rise to the City's action. 2. The grantee shall have thirty (30) days subsequent to receipt of the notice to cure the violation or occurrence giving rise to the City's action. Alternatively, the grantee may, within fourteen (14) days of receipt of notice from the City, notify City in writing that there is a dispute as to whether a violation or failure has in fact occurred. Such written notice by the grantee to the City shall specify with particularity the matters disputed by grantee. 3. In the event a grantee does not timely cure to the City's reasonable satisfaction the violation or other occurrence giving rise to the City's action, or timely disputes whether a violation has occurred, the City will schedule a public hearing affording grantee due process. The City will endeavor to 7- 104 schedule the hearing for a date within ninety (90) days of the initial violation notice. Notice of the hearing must be provided to the grantee. 4. At the completion of the hearing, the City will issue written findings of fact and its final determination. A grantee may not initiate legal proceedings until the City's final determination is issued. 5. In the event City determines that no violation has taken place, the City will rescind the notice of violation in writing. B. Franchise Revocation. 1. In addition to all other rights and remedies that the City possesses pursuant to applicable law, equity and the terms of the franchise agreement, the City may revoke or terminate the franchise, and all rights and privileges pertaining thereto, in accordance with the procedures set forth in Section 7-9-14.A, if the City determines that: a. The grantee has violated any material requirement or provision of the Cable Ordinance or a franchise and has failed to timely cure. b. The grantee has attempted to evade any of the material provisions of the Cable Ordinance or a franchise. C. The grantee has practices fraud or deceit upon the City. d. The grantee has filed for bankruptcy. 2. During any revocation proceeding, including any appeal period, the franchise will remain in full force and effect unless the term thereof sooner expires. C. Compliance with Federal, State and Local Laws. The City and grantee will conform to the State laws and rules regarding cable service or the system not later than one (1) year after they become effective, unless otherwise stated, and conform to Federal laws and regulations regarding cable service or the system as they become effective. (Ord. 02-21, Oct. 28, 2002) 7-105 CHAPTER 8 MOTOR VEHICLES Page Section 1 Snowmobiles and Other Recreational Motor Vehicles ......... 8-2 Section 2 Unreasonable Acceleration and Erratic Driving .................. 8-9 Section 3 On -Street Parking....................................................... 8-10 8-1 SECTION 1 SNOWMOBILES AND OTHER RECREATIONAL MOTOR VEHICLES Section 8-1-1 Purpose and Intent 8-1-2 Definitions 8-1-3 Snowmobile Operation Restrictions 8-1-4 Snowmobile Required Equipment 8-1-5 Snowmobile Operations and Prohibited Conditions Within Designated Areas 8-1-6 Snowmobile Prohibited Conditions and Operations Outside of Designated Areas 8-1-7 Recreational Motor Vehicle Required Equipment 8-1-8 Recreational Motor Vehicle Prohibited Conditions and Operations Within Designated Areas 8-1-9 Recreational Motor Vehicle Prohibited Conditions and Operations Outside of Designated 8-1-10 Exemptions 8-1-11 Penalty 8-1-1: PURPOSE AND INTENT: It is the intent of this Section to supplement Minnesota Statutes, Sections 84.81 through 84.88 and Chapter 169, with respect to operation of snowmobiles and Sections 84.787 through 84.805 and Sections 84.92 through 84.929 with respect to recreational motor vehicles. (Ord. 2001-12, Oct. 8, 2001) 8-1-2: DEFINITIONS: For purposes of this Section, terms defined herein shall have the meanings ascribed to them. Boulevard: The portion of the street right-of-way between the curb line and the property line. Designated Area: All areas of the City that as set forth on attached Exhibit A, which are may be amended by resolution of the City Council from time to time. Operate: To ride in or on and control the operation of a snowmobile or recreational motor vehicle. Operator: Every person who operates or is in actual physical control of a snowmobile or recreational motor vehicle. 8-2 Owner: A person, other than a lien holder having the property in or title to a snowmobile or recreational motor vehicles. Person: Includes an individual, partnership, corporation, the State and its agencies and subdivisions, and any body of person, whether incorporated or not. Recreational Motor Vehicle: Trail bikes, amphibious vehicles and similar devices other than snowmobiles, used at least partially for travel on natural terrain, but not "special mobile equipment" as defined in M.S.A. 168.011, Subdivision 22, which is hereby incorporated herein by reference. Also including any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle used for recreational purposes, including but not limited to a motorized bicycle, all terrain vehicle, hovercraft or motor vehicle licensed for highway operation which is being used for off-road recreational purposes. This definition includes "off highway motorcycles" as defined in Minnesota Statutes 84.787, "off road vehicles" as defined in Minnesota Statutes 84.797, and "all terrain vehicles" as defined in Minnesota Statutes 84.92. Right -of -Way: The entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes or holds prescriptive rights. Roadway: That portion of a highway, improved, designed, or ordinarily used for vehicular travel. Snowmobile: A self-propelled vehicle designated for travel on snow or ice steered by skis or runners. Street: A public thoroughfare, roadway, alley, or trail used for motor vehicle traffic which is not an interstate, trunk, County State aid road, or County highway. (Ord. 2001- 12, Oct. 8, 2001) 8-1-3: SNOWMOBILE OPERATION RESTRICTIONS: Except as herein otherwise provided, snowmobiles may be operated on City streets and all City traffic ordinances shall apply to the operations of snowmobiles upon the streets and highways, except for those relating to required equipment and except those which by their nature have not application. (Ord. 2001-12, Oct. 8, 2001) A. The following operating restrictions shall also apply.- Stop, pply: Stop, Yield Intersections. No snowmobile shall enter any intersection without making a complete stop, The operator shall then yield the right- of-way to any vehicles or pedestrians at the intersection, or in such close proximity as to constitute an immediate hazard. (Ord. 2001-12, Oct. 8, 2001) 8-3 2. Minors. No person under fourteen (14) years of age shall operate on streets or make a direct crossing of a City street as the operator of a snowmobile, unless accompanied by someone eighteen (18) years of age or older. A person fourteen (14) years of age or older, but less than eighteen (18) years of age, may operate a snowmobile on streets as permitted under this Section and make a direct crossing of such streets only if he or she has in his or her immediate possession a valid snowmobile safety certificate or indicator. (Ord. 2001-12, Oct. 8, 2001) 8-1-4: SNOWMOBILE REQUIRED EQUIPMENT: A. Snowmobiles operated within the jurisdiction of the City shall be equipped in accordance with all applicable Minnesota Statutes rules and regulations. (Ord. 2001-12, Oct. 8, 2001) B. When operated between the hours of one-half (1/2) hours after sunset to one-half (1/2) hour before sunrise or at times of reduced visibility, at least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead during the hours of darkness under normal atmospheric conditions. Such head lamp shall be so aided that glaring rays are not projected into the eyes of an oncoming snowmobile operator. (Ord. 2001-12, Oct. 8, 2001) C. Reflective material at least sixteen (16) square inches on each side, forward on the handlebars, so as to reflect lights at a ninety (90) degree angle. (Ord. 2001- 12, Oct. 8, 2001) D. Standard mufflers which are properly attached and in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for operation. Mufflers shall comply with regulation CONS.55 which is hereby adopted by reference as it existed on September 1, 1970. No person shall use a muffler cut out, bypass, straight pipe, or similar device on a snowmobile, and the exhaust system shall not emit or produce a sharp popping or crackling sound. (Ord. 2001-12, Oct. 8, 2001) 8-1-5: SNOWMOBILE OPERATIONS AND PROHIBITED CONDITIONS AND WITHIN DESIGNATED AREAS: A. You may not operate a snowmobile on the inside slope (closest to the road), shoulder and roadway of State and County highways, or in the median of a four lane highway. You can operate a snowmobile in the bottom or outside slope of a ditch (farthest from the road, closest to the house), of a County or State highway. (Ord. 2001-12, Oct. 8, 2001) 8-4 B. Operation of snowmobiles within that portion of County Road 42 (Parrish Avenue) from the bridge southward to County Road 39 is prohibited. (Ord. 2003- 28, Oct. 27, 2003) C. You may operate a snowmobile on the portion of the right-of-way of any street, in single file, on the most right-hand lane when available for traffic or as close as practical to the right-hand curb or edge of the roadway, except when passing another vehicle stopped in that lane at a maximum speed of ten (10) miles per hour. Where there are no curbs, snowmobiles must be operated on the right- hand side of the street or highway and within six (6) feet of the roadway surface, except where an obstruction prevents passages within said distance of the roadway, the entire right-of-way may be used only to bypass the obstruction. (Ord. 2004-02, Feb. 9, 2004) D. You may not operate a snowmobile on a paved walkway or walkway used for pedestrian use. (Ord. 2001-12, Oct. 8, 2001) E. You may not operate a snowmobile on boulevards within any public right-of-way F. You may not operate a snowmobile on private property of another without specific permission of the owner or person in control of said property. G. You may not operate a snowmobile upon any school grounds except as written permission is obtained from responsible school authorities. H. You may not operate a snowmobile on any other public place or grounds except as may be specifically permitted by other provisions of this City Code. You may not operate a snowmobile anywhere in a careless, reckless or negligent manner or heedlessly in disregard of the rights of safety to others, or in a manner so as to endanger or be likely to endanger or cause injury or damage to any person or property. J. The maximum speed on the streets as permitted by this Section shall not exceed ten (10) miles per hour in "designated areas." See attached outline of "designated areas." K. Snowmobile is prohibited during the hours from eleven o'clock (11:00) PM to eight o'clock (8:00) AM, Sunday through Thursday and one o'clock (1:00) AM to eight o'clock (8:00) AM on other days including days immediately previous to national holidays. L. You may not operate a snowmobile closer than tree hundred (300) feet from any residential area, except in coming and going from a residence to a designated trail on the most direct route or you are on your own property or have the property owners' permission. 8-5 M. A rigid tow bar is required when towing any person or thing with a snowmobile, except in an emergency or towing a disabled snowmobile. N. Within one hundred (100) feet of any fisherman, pedestrian, skating rink, or sliding area where the operation would conflict with use or endanger other persons or operation. 0. In a manner so as to create a loud, unnecessary or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons. P. Chasing, running over, or killing any animal, wild or domestic. 8-1-6: SNOWMOBILE PROHIBITED CONDITIONS AND OPERATIONS OUTSIDE OF DESIGNATED AREAS: All Minnesota State laws regarding prohibited conditions and operations apply. (Ord. 2001-12, Oct. 8, 2001) 8-1-7: RECREATIONAL MOTOR VEHICLE REQUIRED EQUIPMENT: All Minnesota State safety and required equipment laws apply. (Ord. 2001-12, Oct. 8, 2001) 8-1-8: RECREATIONAL MOTOR VEHICLE PROHIBITED CONDITIONS AND OPERATIONS WITHIN DESIGNATED AREAS: Recreational motor vehicles may not be operated in designated areas except on private property with owner's written permission between the hours of eight o'clock (8:00) AM and ten o'clock (10:00) PM. (Ord. 2002-22, Dec. 23, 2002) 8-1-9: RECREATIONAL MOTOR VEHICLES PROHIBITED CONDITIONS AND OPERATIONS OUTSIDE OF DESIGNATED AREAS: All Minnesota State laws regarding prohibited conditions and operations apply. (Ord. 2001-12, Oct. 8, 2001) 8-1-10: EXEMPTIONS: A. Law enforcement officers shall be exempt from the restrictions of this Section while operating a snowmobile or recreational motor vehicle in response to an emergency situation or in the immediate pursuit of an actual or suspected violator of the law. ow B. Notwithstanding the provisions of this Section, the Chief of Police and City Council shall have the authority to supervise and regulate events or programs conducted by the City or the City Park and Recreation Department in which snowmobiles or recreational motor vehicles are used. The City Council shall have the authority to designate City park areas that shall be deemed available for such use. (Ord. 2001-12, Oct. 8, 2001) 8-1-11: PENALTY: Every person convicted of a violation of any of the provisions of this Section shall be subject to the fines and penalties provided by State Statute for a misdemeanor, as amended, plus costs of prosecution. (Ord. 2001-12, Oct. 8, 2001) 8-7 SNOWMOBILE ORDINANCE MAP icon son 1998 )TE: IING ULD ACT ENT. aLE: ro more restncnve standards as outlined CITY OF in Section 8-1-8ofthe City Code OTSEGO ON THE GREAT RIVER ROAD SECTION 2 UNREASONABLE ACCELERATION AND ERRATIC DRIVING Section: 8-2-1 Unreasonable Acceleration 8-2-2 Erratic Driving 8-2-3 Penalty 8-2-1: UNREASONABLE ACCELERATION: A. No person shall start or accelerate any motor vehicle with an unnecessary exhibition of speed on any public highway, street, road, parking lot, alley, or other public property, or upon any private street or road freely used by the general public. (Ord. 7, March 6, 1988) B. Unreasonable acceleration of a motor vehicle hereby defined as acceleration which unnecessarily breaks the traction between a tire or tires of a motor vehicle and the driving surface, thereby causing squealing or screeching sounds by the motor vehicle's tire or tires or the unnecessary throwing of sand or gravel by the tires of said vehicle or both. (Ord. 7, March 6, 1988) 8-2-2: ERRATIC DRIVING: No person shall drive a motor vehicle on a public highway, street, road, parking lot, alley or other public property, or upon a private street or road freely used by the general public at erratic or irregular and changing speeds so as to create a hazard to himself of other persons or property or so as to interfere with other traffic in the area. (Ord. 7, March 6, 1988) 8-2-3: PENALTY: Any person found guilty of violating any provision of this section shall be guilty of a petty misdemeanor and upon conviction thereof shall be punished by a fine not to exceed the maximum fine for a petty misdemeanor provided for by State law, plus costs of prosecution. (Ord. 7, March 6, 1988) • SECTION 3 ON -STREET PARKING Section 8-3-1 Purpose 8-3-2 General Parking Prohibitions 8-3-3 Exceptions 8-3-4 Parked Vehicles Impounded 8-3-5 Penalties 8-3-1: PURPOSE: The City Council finds that it is necessary to promote the health, safety, and welfare of the citizens of Otsego, and to promote traffic flow, that restrictions be placed upon the parking of certain vehicles upon City streets. (Ord. 95- 28, Nov. 13, 1995) 8-3-2: GENERAL PARKING PROHIBITIONS: A. Trucks and Semi -Tractors and Trailers. Commercial vehicles, semi -tractors, trailers or trucks exceeding a gross vehicle capacity of nine thousand (9,000) pounds or an overall length of twenty-five (25) feet may not be parked or stored on streets or highways within the City. (Ord. 95-28, Nov. 13, 1995) B. General Limit. Parking of vehicles is hereby prohibited for more than eighteen (18) hours continuously on all streets within the corporate limits of the City, with the exception of those streets or highways otherwise provided time limitations in Section 8-3-2.0 of this City Code. (Ord. 2004- , ) C. Designation of Parking Zones and Fire Lanes. 1. The Council may, by resolution, designate streets, blocks or alleys, or portions thereof, as no parking zones, as fire lanes, or as five (5) minute, ten (10) minute, fifteen (15) minute, thirty (30) minute, one (1) hour, two (2) hour, or three (3) hour parking zones. 2. The Council may also upon application by the Fire Marshal or an owner, lessee or operator of any building, which building generally attracts numerous numbers of the public, designate and thus establish a fire lane upon private property. The application shall be reviewed and approved or disapproved by the Fire Marshal prior to being presented to the City Council for Council approval. The designated area, when approved by the City Council, shall effectively become a fire lane. 8-10 3. All designated zones pursuant to this section shall be appropriately marked at the direction of the City, at the property owner's expense when on private property, and the City's expense when on public property. Unless otherwise provided within the resolution or application approval, such restrictions shall apply every day of the week, including Saturdays, Sundays, and holidays. D. Night Parking. No vehicle shall be parked upon any public street in the City between the hours of two o'clock (2:00) AM and six o'clock (6:00) AM inclusive, on any day of the year, including, but not limited to, Saturdays, Sundays and holidays. E. Snow Emergency. After a snowfall of at least two and one-half (2-1/2) inches in the City, parking is prohibited on any public street or alley until and after that particular street or alley has been plowed and the snow removed to the curb line. It is unlawful to deposit snow or ice, plowed or removed from private property, onto the traveled portion of a street, alley or public way. F. Immobile Vehicles and Trailers. Vehicles and trailers incapable of movement under their own propulsion shall not be parked or stored on streets within the City. G. No vehicle shall be parked so as to block access to a driveway or block access to a mailbox. 8-3-3: EXCEPTIONS: This Section shall not apply to the following circumstances: A. Vehicles picking up or delivering products to residential customers, or providing a service to a residential customer. Even in the event of a pick up or delivery, in no case shall any vehicle park for any period of time in any manner which tends to block a designated bike path. B. City vehicles parked in connection with official City business. (Ord. 95-28, Nov. 13, 1995) C. Police, fire and medical emergency vehicles parked in connection with official duties. 8-3-4: PARKED VEHICLES IMPOUNDED: A vehicle in violation of this Section may be ordered removed from a public street by a law enforcement officer. The vehicle may be towed away to a garage, service station or other place of safekeeping as authorized by the City Council as soon as possible to facilitate snow removal, street maintenance, the orderly flow of traffic, fire fighting or other lawful purpose. The 8-11 vehicle will be surrendered to the duly identified owner thereof upon payment of the required fees for such towing and storage. Removal of a vehicle does not bar prosecution for a violation of traffic or parking regulations. 8-3-5: PENALTIES: A. Any person found to be in violation of any provision of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by penalty established by State Statute for a misdemeanor, and as amended. Each day in which such violation occurs shall be deemed a separate offense. B. Any person violating any of the provisions of this Section, shall become liable to the City for any expense, loss or damage occasioned by the City as the result of such violation, including court costs and reasonable attorneys fees. 8-12 ITEM 7_1 RESOLUTION NO. RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT WHEREAS, pursuant to a resolution of the council adopted April 14, 2003, a report has been prepared by Hakanson Anderson Associates, Inc. with reference to the improvement of Quaday Avenue NE (78th Street to CSAH #37), and this report was received by the council on March 22, 2004; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA. - 1 . INNESOTA: 1. The council will consider the making of such improvement in accordance with the report and the assessment of benefiting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 with the estimated total cost of the improvement being $1,248,000. 2. A public hearing shall be held on such proposed improvement on the day of , 2004 in the council chambers of the city hall at p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopted by the council this 22nd day of March 22, 2004. Larry Fournier, Mayor Judy Hudson, Clerk G:\Municipal\AOTSEGO\340\ot34002RECEIVE REPORT -CALL HEARING.doc ITEM 7-2 RESOLUTION NO. A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ST. MICHAEL AND THE CITY OF OTSEGO FOR STATE AID DESIGNATION ON QUADAY/QUAM AVENUE WHEREAS, both Otsego and St. Michael currently have adequate State Aid Mileage available to add the Quaday/Quam Avenue frontage road along the west side of State Highway 101 to the State Aid Systems of both Cities; and WHEREAS, a connected State Aid Route along Quaday Avenue/Quam Avenue (south of CSAH #37) is desired by both Cities; and WHEREAS, it is in the interest of both parties to construct and plan for State Aid street connections. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Otsego that the Mayor and City Administrator are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with St. Michael for the State Aid Designation on Quaday Avenue. Adopted by the Otsego City Council this 22nd day of March 2004. Mayor, Larry Fournier Clerk, Judy Hudson \\Ha01\Shared Docs\Municipal\AOTSEGO\315\2004\OT315RES3.doc RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS No.: 2004 - 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: Quaday Avenue from CSAH #37 to St. Michael Border (connects to St. Michael State Aid Street Quam Avenue). 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 her 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 217-107. ADOPTED .2004 ATTEST: Judy Hudson (City Clerk) CERTIFICATION Larry Fournier (Mayor) I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council of said City on , 2004. (City Clerk) Judy Hudson (SEAL) City of Otsego \\Ha01\Shared Docs\MunicipaMOTSEGO\315\2004\ot315RES2.doc RESOLUTION REVOKING MUNICIPAL STATE AID STREETS No. 2004 - 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: Queens Avenue from CSAH #37 to CSAH #42 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 her consideration, and that upon her 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 217-109-30. ADOPTED , 2004 ATTEST: Judy Hudson (City Clerk) CERTIFICATION Larry Fournier (Mayor) I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council of said City on 92004. (City Clerk) Judy Hudson (SEAL) City of Otsego Ma01\Shared Docs\MunicipaKAOTSEGO\315\2004\ot315RES1.doc N a U 2 i g Vill p q E !B �� f 1p 9 3 9 g n -.1 51A 5 � x 1 4 O V) O O N • P., 25'��� r �, •V�,,� Q , Northeast County Sub -Area Study Figure 24 MA Recommended Staging of Major Improvement Projects 25M Legend Short -Term (2004-2015) 94, �o r � W Long -Term (2025-2040)©Mid-Term (2015-2025) ROW Preservation (2004-2040) R O'Existing Interchange 60th St NE to (� ■0 Proposed •- • ' 10 1 O_ O• ' _' Proposed •- Ad Existing Bridge 1. 11 y 0 �� 1 r ;01 Future Bridge 2441 Ave4 Denotes Reference Number ) in Tables 19-21 �,►* 1. Proposed system plan has two options for treatment of access at 1-94/CSAH 37 (A); one option is for half -diamond interchange to and from the east. 2. River crossing location/ alignment to be determined (J). ��® ��� '• r r 1 • \� 9 4 0 � ilttt�Miles � t � 1 Northeast Wright County 10 .. Sub -Area Study Figure 7 MississippiR\ver Existing Roadway optic Wc Functional Classification Z . r Otsego AZE4� � Q Regional Park W I c m m W> ¢' Z m Legend �• a' • 85 St NE • m 85th St NE i Z W-..... - m u LU Principal Arterial �- z Otsego � a 10 72nd St NEY Z Minor Arterial vn t U 0 � P . a' 70th St 0 ~� a o o a to Major Collector Q 2 � Q d e60th St NE V' _; • o Minor Collector rT Z Roads 50th St NE• 119 °E' 0 50 St NE y co a i Q Lakes and Rivers _7 f . n+ontr� s OTA Parks St. Michael f r d c c o , _. ' U- �' o SYt�an •/J �m . o p wys t W ( , • .., „yak eRd N✓ Rogers ... Crow Hassan S P— a r I E o •� Park Reserve yas w. m ®• .` .O .r Y i • f vA IIY 0 4 15th St NE Beebe Lake Hanover L) (� i Regional ParkCn � • �4 ........... a 120 t "�� ' b ...,• EJ , o LL Miles • �.......a acro + r N Big Lake Bypass 0Northeast Wright County 10 • • Sub -Area Study a• Figure 8 Mississippi R%Ver Future Functional - Classification Plan W Otsego ' C d 4 d Q Regional Park > L ¢ z z ._ 1 1 q Legend y .85•NF D •-..._ - - - - - - - J - - - — a Z _ r 1 • 1 LU LL Otsego Principal Arterial a Z --- i •.� _10 0 72nd St NE Y w i 1 = Minor Arterial Collector — ■ 1 . D 65th St Minor Collector • • :'cc 1 loth St NE a n, — — — Future Roads (Dashed) tP o� 'LL --- ---r - erty Existing Interchange ' • 50th St NE 1191 p a y o C Proposed Interchange � f . nrc.•r. 1 � i - • ask rt pkVVZm• ` ' e x Existing Bridge cam, o St. llpichale I 1 121 •___• o o Future Bridge Sylvan Roads 'iS•' w„.,,w,,,.,. wt r ro^^`•Cake Op••ry - ' • °- '' 1 Z • ° """ Roger ' Lakes and Rivers 1 c G m _ 'v Crow Hassan � � R m Park Reserve Hassan Parks Q • • r,,,, JQ� •---' ,, �•L5th StNE a Potential Future River Crossing rT ,..., Beebe Lake 1 0 H Hover ; Regional Park 1 -44 •i W o \ C CA••wn W - • -_: • 120 " � ..r. ..° ...,.. 1 0 1 2 = a E �•7= Miles U_ �1 s 144 ----� �--j N ......, ... ► _ - - Big Lake B as u y Z-- t +� \ yp / Northeast Wright County 10 - Sub -Area Study T / Figure 22 Mississippijer ' Recommended "''••• = Access Spacing z r— aseyo Regional Park �h Z' .D • - . r - • 1 o a> m • • Legend + : > ¢ ..� • ICc, • -.� Q N• • ' a1 H �, - ■ii ■.•..mewed oven..■■.■.•■■■■ @n•e■e v■me■■/�9_1;t NF �• z ; High Priority Interregional Corridors W. Of o 11F Freeway ,._._._• « d ......•`�� � ,�e ••'.•sense�•.• seem.••••• � (Interchange Access Only) 10 o �•, 72nd St NE • ;� Z 44 • 1A - F ....... I Full Grade Separation P ^ , •••• ; ; « ; •• (Interchange Access Only) rj b �' 1•� �• • � • •, Medium Priority Interregional Corridors 4&-mo—T-- inn. rn. t tQi i■ 65th St • �• /l v __ 2A Rural, Exurban & Bypass (1 mile full intersection •` °a c • h St • •.^ . Q spacing, 1/2 mile secondary intersection spacing) ■ r: ' 117 Q �� ,nn •■• = u} ' .•t•.• ; x Jr •••.� 2A- F Full Grade Separation (Interchange Access Only) .b,19 Urbanizing (1/2 mile full intersection spacing, 5"h'qt NF• ■ . j•• : : ' ' 1/4 mile secondary intersection spacing) ., > •.��, ,i ♦ •`• Minor Arterials • ;.....i..... • �� . ;..• A •� � _ � � - � /j�iJ SA � Urban Mobility Corridor (112 mile full intersection s o fit. Michael.: Ta j �. spacing, 114 mile secondary intersection spacing) {.f .:.... 121 ' �" �.� I!•�•••"'••,• ° 5B ■.■■■■■, Urbanizing Arterial (1/4 mile full intersection c q..... .....'.■•• t' % p spacing, 1/8 mile secondary intersection spacing) ,: •• Sylvan •••• J '•.• Is • – Urban Core Arterial (300-600 feet •s ,ww�( w T : Lak�.Pi�•■• I • • •'. 5C depending upon block length) La ;¢ r7 • . •• Collectors • Q Crow Hassan P- 4 I.•• ' E : = ° « Park Reserve • Rural Collector (1/2 mile full intersection spacing, E Hassan sA .w 20th St NE• ■ ^„„ 1/4 mile secondary intersection spacing) > We.�r`�. .. mien.... Y: _ a:�+ 61211 —. «. Rural Urbanzing Collector (1/4 mile full intersection o ^�` /'< ee • ••••• • µ,, . a% r� , . �' spacing, 1/8 mile secondary intersection spacing) 6B2 ....... Local Collector (1/8 mile full intersection • ��•�.—n�■�.� J e�n—•�n-■om.I• yti ♦ �•wn.t - J Sparing) .• Beebe Lake • HEl7over 6C Urban Core Collector (300-600 feet • ^ Regional Park • • depending upon block length) Qb °' 120 � • • o” �._ 1 :.................lii� •. 1 0 1 2 £. ,.•. .. Miles 144 j�7 PIC—— / 2 5 .1t r I, • Northeast Wright Count FIN�` t �l •lily.. Sub-AreaStudy OL Figure 23 �� �_ " �� 111 ► i \ �� +!l ? � Recommended Roadway Configuration - Year 2040* Ili , �9 '• .' e- ��.�. �� "� i �ty •• 25i��!r:� 1101 •`�� 94 72nd St NE 8 -Lane Freeway WA 4 -Lane Freeway 6 -Lane Divided 0- 60th St NE 5 -Lane Divided IQ Jr 3 -Lane Undivided 50th St NE •�5. (.• IN,a! � 101 ^ . ♦ 241 ,-- �' . Notes: Bd Roge �. i' L CD Individual collector routes in high density 41L Crow Hassan areas and/or routes serving commercial Park Reserve J1 • areas should undergo individual b.analysis to determine proper roadway _sections. 3Based on • • • Hanover.Beebe Lake Regional Park LU CO �•� 94 •Miles CO !� F� �. ITEM 7_6 RESOLUTION NO. RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the city council adopted the 22nd Day of March 2004, ordering Hakanson Anderson Associates to prepare Plans and Specifications for City of Otsego Lift Station #4 (E3 of West Sanitary Sewer District). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO, MINNESOTA: 1. Hakanson Anderson Associates, Inc. is hereby designated as the engineer for this improvement, and are hereby directed and authorized to prepare plans and specifications for the making of such improvement. Adopted by the council this 22nd day of March 2004. THE CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, Clerk G:\Municipal\AOTSEGO\340\ot340RESordering Plans.doc ITEM 8--1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2004 - RESOLUTION APPROVING VACATION OF A PORTION OF DRAINAGE AND UTILITY EASEMENTS, CITY OF OTSEGO, COUNTY OF WRIGHT- KITTREDGE CROSSINGS SECOND ADDITION WHEREAS, the City of Otsego has received a request to vacate the above-described portions of drainage and utility easements from one of the affected property owners, Darrell A. Farr Development Company, Inc.; and WHEREAS, the Otsego City Council, on its own motion, ordered a public hearing on the proposed vacation; and WHEREAS, those portions of the established drainage and utility easements to be vacated are described as follows: See Exhibit A. WHEREAS, the City Council has determined that vacating said portion of the above described drainage and utility easements would be in the public interest; and WHEREAS, the City of Otsego having considered testimony related to the proposed vacation of that portion of the drainage and utility easements so described; and WHEREAS, the City Council ordered a public hearing and meeting to act upon said proposed vacation at p.m. on the 22nd day of March, 2004, at the Otsego City Hall; and WHEREAS, all legal requirements regarding giving notice have been satisfied; and WHEREAS, the City Council did meet on the 22nd day of March, 2004, at the Otsego City Hall and heard all parties interested therein, and; WHEREAS, it now appears to the Otsego City Council that such portion of said drainage and utility easement serves no useful purpose; NOW, THEREFORE, the City Council of the City of Otsego, Wright County, Minnesota, hereby orders: 1. That the portion of the drainage and utility easements located in the City of Otsego, Wright County, Minnesota, described as follows: See Exhibit A are hereby vacated. 2. The City Council hereby determines that vacation of said portion of a drainage and utility easements shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. Motion for adoption of resolution by , seconded by at the meeting of the Otsego City Council on the 22nd day of March, 2004. IN FAVOR: OPPOSED: 2 CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk EXHIBIT A All the drainage and utility easements dedicated and located within Outlots 13, C, D and N, Kittredge Crossings, according to the recorded plat thereof, Wright County, Minnesota. That part of Kohler Court as dedicated in the plat of Kittredge Crossings, according to the recorded plat thereof, Wright County, Minnesota, described as follows: Commencing at the southeast corner of Outlot B, said Kittredge Crossings; thence on an assumed bearing of North 20 degrees 18 minutes 00 seconds West, along the boundary line of said Outlot B, a distance of 10.62 feet; thence northwesterly, continuing along said line, a distance of 126.87 feet along a tangential curve concave southwesterly having a central angle of 19 degrees 07 minutes 46 seconds and a radius of 380.00 feet; thence northwesterly, northerly and northeasterly, continuing along said line, a distance of 20.42 feet along a reverse curve concave easterly having a central angle of 83 dcgrees 35 minutes .17 seconds and a radius of 14.00 feet; thence North 44 degrees 09 minutes 31 seconds East, continuing along said line and tangent to said curve, a distance of 17.13 feet; thence northeasterly, continuing along said line, a distance of 159.77 feet along a tmgendal curve concave northwesterly, having a central angle of 31 degrees 33 minutes 57 seconds and a radius of 290.00 feet; thence North 12 degrees 35 minutes 33 seconds East, continuing along said line, a distance of 67.94 feet to the point of beginning of the vacation parcel to be descnbed; thence continuing North 12 degrees 35 minutes 33 seconds East, along said line, a distance of 58.25 feet; thence North 63 degrees 49 minutes 41 seconds West, continuing along said line, a distance of 58.25 feet; thence southerly a distance of 98.70 feet along a tangential curve concave westerly having a central angle of 76 degrees 25 minutes 14 seconds and a radius of 74.00 feet to the point of beginning. Michael C Couri- Andrew J. MacArthur Robert T. Ruppe— David R. Wendorf *Also licensed in Illinois "Also licensed in California March 18, 2004 City Council Members City of Otsego c/o Mike Robertson, City 8899 Nashua Avenue NE Otsego, MN 55330 CO URI, MACAR THUR & RUPPE, AL.L.A Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376-0369 (763) 497-1930 (763) 497-2599 (FAX) couriandmacarthur@pobox.com Administrator ITEM 8_2 RE: Proposed Contract Between City of Otsego and Boonestroo Regarding Expansion of East Waste Water Treatment Facility Dear Council Members: At the request of the City I have reviewed the proposed agreement between the City of Otsego and Boonestroo regarding the east wastewater treatment facility. The City has entered into previous agreements with Boonestroo in which they have incorporated changes in the Standard Terms and Conditions which were negotiated in the initial contract between the City and Boonestroo. The current contract incorporates those changes but proposes a new system for payment of engineering design and contract administration based upon a percentage of the costs of construction. This contract is also for a much more expensive project. Following are my primary concerns with the Agreement: 1. The charge for engineering design and contract administration is not a lump sum, but a sliding percentage based upon the actual construction cost of the project (as defined in the agreement and which includes the cost of alternatives designed but not constructed). The percentage decreases slightly as costs increase. Previous agreements had a lump sum for engineering design and a lump sum for construction observation. The council needs to consider whether or not they want to agree to the sliding scale approach. 2. The estimated costs for the project are much greater than previous contracts. The insurance limitations (Engineer's Errors and Omissions coverage) in this Letter to Otsego Council March 18, 2004 Page 2 agreement are only 2 million dollars for a 10 million dollar project. An engineering design defect can be a major and expensive cost. The agreement also contains language that the insurance need only be retained if "reasonably available". Further, the agreement also purports to limit total liability of the engineer to 2 million dollars. In this case, it is my opinion that a higher level of insurance and a higher limitation of damages should be required based upon the scope and expense of the project. 3. The City is required to pay the engineer's "reimbursable expenses". These include mileage, copies and other such items. Previous agreements included as an addendum a list of reimbursable expenses. The current agreement includes no such list. Such a list with proposed rates should be included. I will be available at Monday night's meeting to further discuss the contract and to answer any questions. Very truly yours, ew J. lcArt ORI, MACARTHUR & RUPPE Bonestroo 0 Rosene Anderlik & Associates Engineers & Architects February 27, 2004 ITEM13 2 Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, PE. • Marvin I. Sorvala, PE. • Glenn R. Cook, PE. • Robert G. Schunicht, PE. Jerry A. Bourdon, P.E. • Mark A. Hanson, RE. Senior Consultants: Robert W Rosene, P.E. Joseph C. Anderlik, P.E. Richard E. Turner, PE. • Susan M. Eberlm. C.P.A. Associate Principals: Keith A. Gordon, PE. • Robert R. Pfefferle, PE. • Richard W. Foster, P.E. • David O. Loskota, PE. Michael T. Rautmann, PE. • Ted K. Field, PE. Kenneth P Anderson, PE. • Mark R. Rolfs. RE. • David A. Bonestroo, M.B.A. Sidney P Williamson, PE., L.S. • Agnes M. Ring, M.8 A. • Allan Rick Schmidt, P.E. • Thomas W Peterson, P.E. James R. Maland, PE. Miles B. Jensen, RE. L. Phillip Gravel III, PE. • Daniel J. Edgerton, PE. • Ismael Martinez, P.E. Thomas A. Syfko, P.E. • Sheldon J. Johnson • Dale A. Grove, RE. • Thomas A. Roushar. P.E. • Robert J. Devery. PE. Offices: St. Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee, WI • Chicago, IL Website: www.bonestroo.com Mike Robertson City Administrator City of Otsego 8899 Nashua Avenue NE Otsego MN 55330-7314 Re: East WWTP Expansion Our File No. 503-01-102 Dear Mike: MAR (� J 20()4 Enclosed are two (2) copies of our professional services agreement for design and construction phase engineering for the East Wastewater Treatment Facility Phase ill Expansion. If the agreement is acceptable, please sign both copies and return one to our Office. Some brief comLments about the agreement are appropriate. For the previous wastewater treatment projects at both the east and west sites, our compensation for design phase engineering has been a lump sum amount based on our complete understanding of the scope of the project. This approach has worked for us, and, hopefully, for the City. The design fees for previous projects have been in the range of 5.3% to 6.3% of the estimated construction costs. The East Plant Phase III Expansion will be a significantly larger project. Furthermore, in the near future, we wish to engage the City in discussions about options for the biosolids treatment and handling system. The range in the estimated project construction cost is $9.5 to $9.9 million, depending on whether the City selects a liquid or dry biosolids system. The advantages and disadvantages of both systems are to be discussed. Given the uncertain construction cost, we propose that our compensation under this agreement for the design phase be a percentage of the construction cost. This is a common approach -% ith many engineering agreements for projects where the full scope of' work is uncertain. Based on a $10 million project, our design fee would be .5% of the construction cost. In addition to all the design services the City has come to expect from our staff, this fee would also cover all tasks related to developing information that the City will need to make decisions about the biosolids system. For example, we may suggest that the city staff and council tour a biosolids drying facility before making its decision, a tour we would be happy to attend. 2335 West Highway 36 • St. Paul, MN 55113 ■ 651-636-4600 ■ Fax: 651-636-1311 As usual, we propose that compensation for the construction phase be based on actual hours spent, with a budget that we will not exceed without prior authorization from the city. Call me if there are any questions about the terms of this agreement at (651)604-4832. We appreciate the opportunity to continue our service to the City, as well as the confidence the City has shown in our firm. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. 41'a k,- jLt-',Z Ted K. Field, P.E. Associate Principal Encl PROFESSIONAL SERVICES AGREEMENT Between CITY OF OTSEGO And BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES, INC. THIS IS AN AGREEMENT, effective on February 24 , 2004, between the City of Otsego, Minnesota ("City") and Bonestroo, Rosene, Anderlik and Associates, Inc., St. Paul, MN ("Engineer'), for professional engineering services. City and Engineer agree as follows. SECTION 1. PROJECT DESCRIPTION AND UNDERSTANDING The "Project" consists of an expansion of the City's East Wastewater Treatment Facility to increase its liquid treatment capacity to 1.5 million gallons per day (MGD) of average flow. The expansion will consist of (1) constructing new oxidation ditches and final clarifiers to meet capacity needs; (2) expanding existing pretreatment, UV disinfection, and post -aeration systems to meet capacity needs; (3) converting the facility to biological phosphorus removal to replace the existing chemical phosphorus removal system; (4) expansion of biosolids treatment and storage facilities to meet State and Federal requirements for either Class A or B requirements at the expanded capacity; and (5) other miscellaneous improvements to comprise a complete and functioning facility. The estimated construction cost of the expansion is $10 million. SECTION 2. ENGINEER'S SERVICES 2.1. Scope of Basic Services The Engineer shall provide Basic Services as outlined in Appendix A, Section 1. 2.2. Supplemental Services As described in Appendix A, Section 2, if requested and authorized in advance by the City, the Engineer may furnish "Supplemental Services," services which are not included as Basic Services. Engineer shall submit a description and an estimate of the cost for any City -requested Supplemental Services for the City's written approval prior to commencement of the work. SECTION 3. COMPENSATION 3.1. Payment for Basic Services 3.1.1 For completion of the Engineer's Basic Services as outlined in Appendix A, Section 1, Task 1, the City shall pay the Engineer as a fee a percentage of the "Construction Cost of the Project", which is defined as the total cost of all work designed or specified by the Engineer for the project, including any change orders. The "Construction Cost of the Project" is determined as follows, with precedence in the order listed: 1) For completed construction, the costs to the City of all construction work performed, including the value of alternates designed, whether awarded or not. 2) For construction work bid but not constructed, the lowest bona fide bid received from a qualified bidder, including the value of alternates designed, whether awarded or not. 3) For work for which bids have not been received, the Engineer's latest Opinion of Probable Construction Cost. "Construction Cost of the Project" does not include: \\branas0l\user\MKT\AGR\Otsego Al 096 East WWTF.doc 1) Any payments to the engineer or its consultants 2) The cost of the land or right-of-way 3) Other costs which are the responsibility of the City described in Appendix B that were not specified by the Engineer. The fee for Section 1, Task 1 Basic Services—Preparation of Plans and Specifications—is determined from the table below. The fee for a Construction Cost between the values listed is interpolated. Construction Cost of the Project Design Fee as a Percentage of the Construction Cost of the Project $ 8,500,000 5.045% 9,000,000 5.030 9,500,000 5.017 10,000,000 5.005 10, 500,000 4.994 11,000,000 4.985 11, 500, 000 4.977 3.1.2. For completion of the Engineer's Basic Services as outlined in Appendix A, Section 1, Tasks 2 - 5, the City will pay the Engineer on an hourly basis in accordance with the Billing Rate Schedule attached as Appendix C, plus reimbursable expenses. Engineer's labor costs are estimated to be $610,000 but actual costs may vary. Engineer's level of services (and thus, actual charges) will depend in part on such currently unknown factors as quality and responsiveness of the Contractor, weather conditions and adherence to the construction schedule, and unforeseen site conditions that may be revealed during construction. 3.2. Payment for Supplemental Services For Supplemental Services authorized by the City and performed by the Engineer, the City will pay the Engineer on an hourly basis in accordance with the Billing Rate Schedule attached as Appendix C, plus Reimbursable Expenses. SECTION 4. STANDARD TERMS AND CONDITIONS The Standard Terms and Conditions attached as Appendix B are incorporated in this Agreement. \\branas01\user\MKT\AGR\0tsego Al 096 East WWTF.doc IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. ENGINEER: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. By Marvin L. Sorvala, President Date 2-2,4--o \\branas0l\user\MKTWGR\Otsego Al 096 East WWTF.doc CITY: CITY OF OTSEGO, MINNESOTA By Date And by Date Larry Fournier, Mayor Mike Robertson, Administrator Appendix A Engineer's Services Section 1. Basic Services Task 1 — Preparation of Plans and Specifications Purpose: To prepare project bidding and construction contract documents; and to assist the City in obtaining the necessary agency approvals. 1.1 Prepare contract documents, which include: • Construction agreement forms • Payment and performance bond forms • General conditions • Special provisions • Specifications • Detailed construction plans • Bid Proposal The design shall be complete such that every component necessary to construct the facility, to make it operational and to put it into use shall be designed, specified and/or included; provided, however, that the foregoing sentence does not increase the standard of care applicable to design professionals. 1.2 Prepare Engineer's final opinion of probable construction cost. 1.3 Prepare final estimate of operational costs 1.4 Submit final plans for approvals • City Building Official • Minnesota Pollution Control Agency • Minnesota Department of Administration 1.5 Submit a site plan showing the layout of the facility to the City. In addition, submit plans and specifications for formal City Council approval. 1.6 Assist the City in obtaining regulatory approvals with respect to environmental assessments, discharge permit, or other concerns raised by MPCA, MNDNR, or other permitting authority. 1.7 Advise the City as to necessary services in addition to those furnished by the Engineer, such as land and easement surveys, soil borings, testing services and other information needed for the Project. If authorized by the City, the Engineer will assist the City to procure these services. The providers of these services will contract with the City and issue invoices directly to the City. Task 2 - Bidding and Award Purpose: To assist the City in obtaining construction bids and awarding a construction contract to the lowest responsive bidder. 2.1 Issue bid advertisement 2.2 Conduct pre-bid conference with prospective bidders 2.3 Issue addenda if necessary 2.4 Receive bids \\branasOl\user\MKT\AGR\Otsego Al 096 East WWTF.doc A-4 2.5 Analyze bids and recommend award Task 3 - Contract Administration Purpose: To develop channels of communication between the contractor, City staff, and Engineer; to keep the City informed about the progress of construction; and to review and approve shop drawings. 3.1 Organize, attend and assist the City at the pre -construction conference with the successful bidder, and any other parties, bodies, or agencies who have an interest in the Project. 3.2 Review shop drawings, samples and other submittals. Engineer shall review shop drawings, samples and other submissions of the Contractor solely for their general compatibility with the Engineer's design intent and conformance with information given in the Contract Documents. The Engineer shall not be responsible for aspects of any shop drawing submission which are the Contractor's responsibility such as the means, methods, techniques, sequences and operations of construction, safety precautions and programs incidental thereto. 3.3 Review the Contractor's request for progress payments, advise the City in writing as to the Engineer's opinion of the extent of the work completed in accordance with the terms of the Construction Contract, and issue for processing by the City all requests for payment. 3.4 Make recommendations to the City as to all claims relating to the execution and progress of the construction work. 3.5 Issue such additional instructions to the Contractor as may be necessary to interpret the drawings and specifications or the illustrated changes required in the Contractor's work. 3.6 After consulting with the City, prepare Change Orders for work not covered by the Contract or for substantial over -run of estimated "contract quantities" as defined in the Project's Contract Documents, for the City's approval and execution. Change Orders shall be processed as soon as practical after the City provides written approval to the Engineer. The City understands that Change Orders may be required during a Project for many reasons, including because of incompleteness, errors, or ambiguities in the Construction Documents that are within professional standards. 3.7 Conduct bi-weekly construction progress reviews with the Contractor and the City related to the Contractor's date of completion. Provide periodic reports to the City regarding the progress of Project Construction. Task 4 - Construction Observation Purpose: To endeavor to assure that the plant is constructed in conformance with the plans and specifications. 4.1 Perform on-site construction observation as necessary to become generally familiar with the progress and quality of the contractor's work and to determine if the work is proceeding in general accordance with the Contract Documents. The City has retained the Engineer for full time inspection of the Project. Full time inspection means the Engineer will endeavor to observe all significant construction events on the Project; such "significant construction events" will be set forth in a document reviewed and approved by the Engineer and the City. While it is understood that the Engineer does not control the Contractor's work, the means or methods of construction or Contractor's safety precautions, the Engineer shall promptly bring to the City's attention any aspect of the Contractor's work that it discovers which is not in compliance with the Contract Documents or generally accepted standards for construction work. 4.2 Act as City's liaison with contractor 4.3 Maintain field records \\branasOl\user\MKT\AGR\Otsego Al 096 East WWTF.doc A - 5 • Record of site visits and observations • Phone call log • Weather conditions • Meetings, discussions, observations and decisions • Photograph project progress and underground construction details 4.4 Provide monthly reports to City 4.5 Coordinate periodic field tests during the course of construction 4.6 Endeavor to assure that record plans are being maintained by all contracting forces The Engineer's review of the Contractor's work (including reviewing the Contractor's shop drawings and samples, work product and requests for payments) is intended to endeavor to ensure that the Project is constructed in conformance with the Contract Documents. The Engineer shall perform these duties using the prevailing professional standard of care. The Engineer shall promptly report any and all substantial construction problems to the City along with appropriate recommendations to resolve the problem. Task 5 - Contract Close Out Purpose: To help train plant operators; to endeavor to provide a successful transition from construction to operation; to certify that construction is complete prior to final payment. 5.1 Prepare revisions to operation and maintenance manuals regarding operating and maintaining equipment, machinery and apparatus installed as part of the Project. Such instructions shall be supplied by the Contractor and manufacturers' representatives. 5.2 Provide plant start-up services. 5.3 Assist with training of operators. 5.4 Conduct an inspection to determine if the work is substantially complete. On the basis of its on-site observations, the Engineer shall prepare a "punch list" for the Contractor, listing work left to be completed by the Contractor. 5.5 Conduct, in the presence of the City's Representative, a final inspection of the Project as constructed to determine whether it: 1) Generally conforms with the Engineer's design concept of the Project as contained in the Contract Documents, and 2) Appears to be constructed in accordance with the Contract Documents. The Engineer shall certify a recommendation for acceptance of the work to the City and then shall forward to the City a written approval of the Contractor's Request for Final Payment which shall be signed by the Contractor. 5.6 Prepare and furnish the City a set of reproducible "Record Plans" of the Project showing those changes the Engineer considers significant which were made during the construction process, based on marked -up prints, drawings, and other data furnished by the Contractor, upon which the Engineer may rely in preparing the Record Plans. \\branasO1\user\MKT\AGR\Otsego Al 096 East WWTF.doc A - 6 Section 2. Potential Supplemental Services If authorized in advance by the City, the Engineer may provide the following Supplemental Services: 2.1 Making revisions in drawings, specifications or other documents when such revisions are: 2.1.1 Requested by the City and inconsistent with approvals or instructions previously given by the City; 2.1.2 Required by the enactment or revisions of codes, laws or regulations subsequent to the preparation of such documents; 2.1.3 Due to changes required as a result of the City's failure to render decisions in a timely manner; or 2.1.4 Due to any other causes beyond the Engineer's control. 2.2 Providing consultation regarding the replacement of all such parts of the Project as may be damaged by fire or other cause during construction and assisting the City in arranging for continuation of the work should the Contractor default for any reason. 2.3 Providing services made necessary by the default of a Contractor, by major defects or deficiencies in the work of a Contractor, or by failure of performance of either the City or a Contractor under the Contract for construction. 2.4 Construction dispute resolution assistance. 2.5 Providing services in connection with warranty work to be done by the Contractor. 2.6 Assisting the City or its representative in connection with mediation, arbitration, litigation or other proceedings involving the Project, including preparing to testify and testifying as an expert witness. 2.7 Providing any other service not otherwise included in Basic Services or not customarily furnished in accordance with generally accepted engineering practice. \\branas0l\user\MKTIAGR\Otsego Al 096 East WWTF.doc A - 7 Appendix B Standard Terms and Conditions SECTION 1. ENGINEER'S SERVICES borings, probings and subsurface explorations; hydrographic surveys, laboratory tests and inspections of Engineer shall act as the City's ("Owner's") agent only as samples, materials and equipment; appropriate provided for within this Agreement. professional interpretations of all of the foregoing; property, boundary, easement, and right-of-way surveys SECTION 2. THE OWNER'S RESPONSIBILITIES and property descriptions; zoning and deed restrictions. The Owner shall: 1) Provide full information as to its requirements for the Project. 2) 3) 5) IE 7) 9 N Furnish to the Engineer, prior to any performance by the Engineer under this Agreement, a copy of any planning, design and construction standards which the Owner shall require the Engineer to follow in the conduct of its services for the Project. Place at Engineer's disposal all available written data in the possession of or readily available to the Owner and pertinent to the Project, including existing reports, plats, surveys, contour mapping, utility mapping, record plans, wetlands, land -use, and zoning maps, borings and other data useful to the Engineer in the performance of its services. Acquire all land, easements, and rights-of-way and provide for land surveys and the preparation of legal descriptions and exhibits, certificates or plats, as may be necessary for the Project. Provide access to the Project site and make all provisions for the Engineer to enter upon public and private lands as required by the Engineer to perform its services. Examine all studies, reports, sketches, Opinions of Probable Construction Costs, specifications, drawings, proposals and other documents presented by the Engineer and render a decision when necessary within a reasonable period of time. Designate a single person to act as the Owner's Representative with respect to the Engineer's services. Such person shall have complete authority to transmit instructions, receive information, and interpret and define the Owner's policies and decisions with respect to services covered by this Agreement, subject to Owner's governing body approval when required by law. Give prompt written notice to the Engineer whenever the Owner has actual knowledge of any defect in the Project, or has actual knowledge of any circumstance that affects the scope or timing of the Engineer's services. Furnish, or instruct the Engineer to provide at the Owner's expense, necessary "Supplemental Services" as may be provided for in this Agreement, or other services as they may be required. 10) Furnish to the Engineer, as required by the Engineer for performance of its services, information or consultations not covered in the Engineer's Basic Services, such as core \\branas01\user\MKT\AGR\0tsego Al 096 East WWTF.doc 11) Furnish approvals and permits from all governmental authorities having jurisdiction over the Project, except for those permits and approvals for which the Engineer will be responsible for providing submittals under this Agreement, and such approvals and consents from others as may be necessary for completion of the work. 12) Furnish inspection or monitoring services as the Owner desires to verify that Contractor is complying with all laws or regulations and to verify that Contractor is taking all necessary safety precautions to protect persons and property, as the Engineer in this Agreement does not undertake to perform these services. In performing its services, the Engineer may rely upon the accuracy and completeness of all Owner -provided information, unless the Engineer has knowledge that the information may not be complete or accurate. SECTION 3. COMPENSATION 3.1 Payment for Reimbursable Expenses Unless otherwise provided, in addition to Engineering fees, the Owner will pay the Engineer for reasonable Reimbursable Expenses on the basis of the Engineer's cost. Although not a complete list, examples of Reimbursable Expenses include: the costs of plotting drawings and the reproduction of drawings and specifications; project -specific printing, duplicating, tabs and indexes; testing; mileage; travel and per -diem expenses of the Engineer for out-of-town trips required for the Project; long distance telephone calls and faxes as required to expedite the work; the costs for cellular phone calls/service for Engineer's field personnel on a Project; project photographs taken before and during construction; construction stakes; postage and delivery charges; and out-of-pocket expenses incurred directly for the Project. 3.2. Objections to Invoices/No Deductions It is important for the Engineer to be promptly informed of problems. If the Owner objects to any portion of an invoice, the Owner shall notify the Engineer in writing within twenty days of the invoice's receipt. The Owner agrees to pay any portion of the invoice which reasonably appears to be undisputed, but reserves the right to later contest any portion of the invoice if it is later discovered that the work was not complete or was not done correctly. 3.3 Suspension of Work If the Owner fails to make payments when due or otherwise breaches this Agreement, the Engineer may suspend work after providing five days notice to the Owner. The Engineer will not be liable for any costs or damages resulting from such B-1 a suspension of work. If the Engineer fails to timely perform, or herwise breaches this Agreement, the Owner may stop yment to the Engineer and take whatever steps necessary to complete the Project, including contracting with another Engineer for timely completion of the Project. In the event of such a breach by the Engineer, any additional payment to the Engineer will have deducted from it costs incurred by the city in remedying the breach. 3.4. Progress Payments The Owner will make progress payments to the Engineer in proportion to services performed. The Engineer will invoice the Owner monthly during the progress of the work. The Owner shall make payment of all undisputed portions of each invoice within 30 days after the Owner's receipt of each such invoice, subject to Section 3.2 of this Appendix. Owner may not reserve as retainage any portion of a payment due and owing under this Agreement. 3.5. Interest/Collection Costs The Owner agrees to pay the Engineer 1% per month interest on all portions of Engineer's invoices which are due and owing, with interest beginning to accrue 30 days after the date of the invoice. Engineer agrees to pay all subcontractors on the Project within ten (10) days of receipt of payment of its invoice. SECTION 4. GENERAL CONSIDERATIONS Standard of Care I he Engineer shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under like circumstances. 4.2. Delays Both the Engineer and the Owner will put forth reasonable efforts to complete their respective duties in a timely manner. Because the Engineer's performance must be governed by sound professional practices, the Engineer is not responsible for delays occasioned by factors beyond its control or that could not reasonably have been foreseen at the time of preparation of this Agreement. 4.3. Opinions of Costs and Schedules Since the Engineer has no control over the cost of labor and material or over competitive bidding and market conditions, the Engineer's Opinion of Probable Construction Cost and of Project schedules can only be made on the basis of experience or qualifications as a professional Engineer. The Engineer does not guarantee that proposals, bids, actual Project costs or construction schedules will not vary from Engineer's opinions or estimates. If the Owner desires greater assurance as to the anticipated Construction Cost of the Project, the Owner shall employ, or instruct the Engineer to nrovide as a Supplemental Service, an independent cost �mator. ,+.4. Insurance 4.4.1. The Engineer agrees to maintain a professional liability insurance policy for negligent acts, errors or omissions in an amount of at least $2,000,000 annual aggregate, on a claims -made basis as long as such insurance is reasonably available. 4.4.2. The Engineer shall maintain: 1) Statutory workers compensation and employers' liability insurance coverage. 2) Comprehensive general liability and automobile liability insurance coverage in the sum of not less than $1,000,000 each. 4.5. Ownership of Instruments of Service 4.5.1 Documents (including Electronic Data) prepared by the Engineer, such as drawings, specifications and reports ("Engineering Documents") are instruments of the Engineer's professional services, and not products. A printed copy of the reports, drawings, and specifications prepared under this Agreement shall become the property of the Owner upon completion of the services and payment of all amounts due and owing the Engineer. However, the Engineer retains its rights in standard drawing details and specifications, and in its field data, notes, databases, computer files, software, proprietary property and intellectual property developed or modified in the performance of its services, and further retains an unrestricted right to use the Engineering Documents in the course of its business. 4.5.2 The Engineering Documents are prepared for the Project and may not be used for other projects, except the Owner has the right to use the Engineering Documents for informational purposes or to illustrate the design and/or location of existing facilities for purposes of expansion, rehabilitation, or retrofit of the Project. Except as permitted herein, the Owner agrees it will not use the Engineering Documents for other purposes or provide them to other persons for purposes other than the Project. If the Owner violates this provision by using the Engineering Documents for unallowed purposes and, as a result of such violation, damage occurs to it or others, it waives claims against the Engineer caused by such violation and agrees to defend and indemnify the Engineer from claims pursued by others against Engineer if caused by such violation. 4.6. Electronic Data 4.6.1. If included in Basic Services or Supplemental Services and as a convenience to the Owner, the Engineer will furnish the Owner with electronic data versions of certain drawings or other written documents ("Electronic Data") provided in hard copy form. In the event of any conflict between a hard copy document and the Electronic Data, the hard copy document governs. The Electronic Data shall be prepared in the current software in use by the Engineer and is not warranted to be compatible with other systems or software. 4.6.2. Any Electronic Data submitted by the Engineer to the City is submitted for an acceptance period of 60 days ("Acceptance Period"). Any defects that the City discovers during this period and reports to the Engineer will be corrected by the Engineer at no extra charge. For correction of defects reported to the Engineer after the Acceptance Period, the City shall compensate Engineer on an hourly basis at Engineer's billing rates set forth in Appendix C. The City understands that the Electronic Data is perishable and the City is responsible for maintaining it. \\branas01\user\MKT\AGR\0tsego Al 096 East WWTF.doc B-2 4.7. Termination, Suspension or Abandonment 7.1 The Owner or the Engineer may terminate or suspend ..iis Agreement. The terminating or suspending party shall notify the other party 14 calendar days prior to the effective date of the termination or suspension. 4.7.2 The Engineer and the Owner will cooperate if the Engineer's work is terminated, suspended or abandoned for any reason. In addition, the Owner shall timely pay the Engineer for services rendered and costs incurred, if they are due and owing under this Agreement. Services and costs shall include only those due and owing, rendered and incurred up to the time of termination, suspension or abandonment. In the event that the Engineer terminates, suspends, or abandons this Agreement, and the City has paid all amounts due and owing under this Agreement, then Engineer shall promptly supply the Owner with all documents, to the extent prepared or completed by Engineer; provided, however, if there is a dispute as to amounts due and owing to Engineer, Owner shall only be entitled to such documents after payment to a mutually agreeable escrow agent the amount claimed due and owing by Engineer, and Engineer and Owner shall promptly resolve such dispute pursuant to § 4.8 of this Appendix. 4.8. Dispute Resolution 4.8.1 In an effort to resolve any conflicts that arise out of the services under this Agreement, all disputes between the Owner and the Engineer arising out of or relating to this Agreement shall be submitted to nonbinding mediation prior to ,mmencing arbitration or litigation. ,.8.2 Unless the Owner and the Engineer mutually agree otherwise, all claims, disputes, and other matters in question arising out of or relating to this Agreement which are not resolved by mediation and where the amount in controversy is less than $200,000, shall be decided by binding arbitration in accordance with the then -most current Construction Industry Rules of the American Arbitration Association. 4.8.3 In the event of litigation or arbitration arising from or related to the services provided under this Agreement, the prevailing party is entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees and other related expenses. 4.8.4. If the Engineer or the Owner intends to assert a claim against the other as a result of a dispute with a third party, the claiming party shall notify the other party as soon as possible, and in any event prior to resolving the dispute with the third party. 4.9. Hazardous Substance The Engineer's scope of services does not include any services related to hazardous or toxic materials, including asbestos and PCBs. If it becomes known that such materials may be present at or near a Project that may affect the Engineer's services, the Engineer may suspend performance of its services, without liability, and will assist the Owner to gin appropriate consultants to adequately identify and abate ;h materials so that Engineer's services may resume. \\branas01\user\MKT\AGR\0tsego Al 096 East WWTF.doc 4.10. Governing Law This Agreement shall be governed by the laws of the State of Minnesota and any dispute shall be venued in the state or federal courts in Minnesota. 4.11. Integration This is an integrated Agreement and it supersedes all prior negotiations or agreements between the parties. It shall be modified only by a written document signed by the party sought to be bound. The provisions of this Agreement are severable, and if any provision is found to be unenforceable, the remaining provisions continue to be valid, and the unenforceable provision shall be reformed with a valid provision that comes as near as possible to expressing the intention of the unenforceable provision. 4.12. Assignment Except for the Engineer's use of necessary consultants, the Engineer and the Owner shall not assign or delegate their respective obligations under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld. SECTION S. LIABILITY Having considered the potential liabilities that exist during the performance of the Engineers services, the benefits of the Project, the Engineer's fee for its services, and the promises contained in this Agreement, the Owner and the Engineer agree that risks should be allocated in accordance with this section, to the fullest extent permitted by law. 5.1 Indemnification The Engineer and the Owner each agree to defend and indemnify each other from liability for claims, losses, damages or expenses (including reasonable attorney's fees) to the extent they are caused by their negligent acts, errors or omissions relating to this Agreement. In the event the claims, losses, damages or expenses are caused by the joint or concurrent negligence of the Engineer and the Owner, they shall be borne by each party in proportion to its own negligence. 5.2 Limitation of Liability The Engineer's and its employees' aggregate liability to the Owner for any and all claims, losses or damages arising out of any Project or this Agreement for any cause shall not exceed the total combined sum of $2,000,000. 5.3 deleted 5.4 deleted B-3 Appendix C 2004 Billing Rate Schedule Classification Hourly Rate Senior Principal $107.00 - $117.00 Principal I Senior Project Manager 103.00 - 114.00 Specialist * 92.00 - 150.00 Project Manager I Planner 98.00 - 109.00 Registered En ineer/Architect/Landsca e Architect I Sr. GIS Designer 86.00 - 98.00 Project Engineer/Architect/Scientist/Landscape Architect 75.00 - 87.00 GIS Designer I Senior Designer 72.00 - 83.00 Graduate Engineer/Architect/Scientist/Landscape Architect 70.00 - 80.00 Senior Draftsperson 60.00 - 75.00 Draftsperson 56.00 - 69.00 Project Technician 39.00 - 45.00 Senior Field Supervisor 78.00 - 92.00 Field Supervisor I Senior Crew Chief 69.00 - 85.00 Senior Inspector 61.00 - 77.00 Inspector I Crew Chief I Senior Technician 57.00 - 71.00 Technician 39.00 - 56.00 GPS Survey Equipment 35.00 Total Station Equipment 25.00 GIS Workstation Equipment 20.00 GPS Submeter Unit(per half da 75.00 * Specialist: Expert in highly technical discipline Direct Project Expenses - at cost: reproduction, printing, duplicating, mileage, mobile phones, and any out-of-pocket expenses such as stakes, field supplies, etc. These rates are adjusted annually in accordance with the normal review procedures of Bonestroo, Rosene, Anderlik and Associates, Inc. \\branas0l\user\MKT\AGR\Otsego Al 096 East WWTF.doc C-1 MEMO Date: March 18, 2004 To: City Council From: City Administrator Mike Robertson Re: Park Board Update Tom Wittlock of Damon Farber Associates attended the Park & Recreation Commission meeting last week to address the concerns about park construction this summer. He toured the park with me before the meeting to get a look at the problems. Commissioners reviewed their concerns with him. I enclosed a memo from Wittlock addressing those concerns. The ball field issue seems to be the only one that can't be easily resolved. Easter Egg Hunt - THE BUNNY IS READY TO GO! The Easter Egg Hunt is set for Saturday, April 3rd at 11:00 a.m. The candy and bunny suit have been purchased and are being stored at City Hall. If anyone's bored during the Council meeting they can try the suit on. Aaron Trotsky of the Park Board is going to play the bunny. Recreation Events - The recreation events for this year have been established and they will be listed in the Community Education brochure which is coming out in late April. Damon Farber Associates Landscape Architects and Site Planners Date Thursday, March 11, 2004 To Mike Robertson, City of Otsego (763-441-8823) From Tom Whitlock Project Name Three City Parks Project Number DFA #03-139 Subject 3-10-04 meeting Copy to Ellen Stewart Mike, ITEM 9-2 PROJECT MEMORANDUM e0O4 Damon Farber Associates would like to address the questions and concerns raised at the Wednesday, March 10th meeting. Softball Field Questions The regulation distance from home plate to the "fence" (back of the warning track) varies with the type of softball being played (Slow -pitch, Fast -pitch or Modified) and who is playing (Men's, Women's, Co -Ed, Boys', Girls'). Three of the softball fields constructed at Prairie Park measure 300' to the fence. Due to changes in the survey, the northwest field was revised to measure 270'. The 300' fields accommodate all types of softball play. The 270' field complies with recommended all softball field dimensions except for: Men's slow pitch field (275'). Co-ed slow pitch field (275'). Boys 15 -under slow pitch field (275'). Boys 19 -under slow pitch field (300'). One easy way to resolve that would be to provide a 15'-20' fence to compensate for the difference in field length. The proposal we submitted to you dated January 20th which was forwarded to the Council for their consideration was a result of a walk-through with Howard Jacobson. We discussed the warning tracks and whether the City would like to add fencing at the outfield at some point. DFA asked Howard to provide potential costing information for that fencing. There are no regulations necessitating fencing, other than backstops, which are in place. However due to the proximity of the road to the field and the play area, the City may wish to pursue the erection of such fencing for safety reasons. Horseshoe Pit Questions The horseshoe pits at Prairie Park were designed in accordance with the requirements of the National Horseshoe Pitchers Association. The 6' x '6 concrete pitching platform and 3' x 4' sand pit within are standard details. Both a 12" rear extension to the pitcher's box and a 14" high backboard are optional features to minimize shoes bouncing out of the 923 Nicollet Mall, Minneapolis, MN 55402 (612) 332-7522 fax (612) 332-0936 1.0-, l = 419/L :31vos iiviia 1 (100 ]OHS JS�OH a�daNd1S ��id1S ��d1S bla „' INII WJ addMd0 30dd9 ONIaNf mO nS Hi IM Hsm- WdOAd�d ONIHOild 111d9N09 9 x c X08 S,dIHO1ld 01 NOISNIIXI dVIN ,Z[ aavoo ovo dalM „9b X lidl JL lid aNdS ,t x ,� TURF GRASS ADJACENT TO VOLLEYBALL COURTS. BRING FILTER FABRIC UP TO GRADE. TOP OF SAND FINISHED GRADE. INSFT 'A' NOT TO SCALE STANDARD VOLLEYBALL COURT DETAIL SCALE, -y %6 - '-e• 4or --m �`£ T BOUNDARY ROPES, BY OWNER. SPECIFICATIONS. IARD NET, SEE SPECS. ARD HEIGHT ADJUSTABLE WITH ADJUSTABLE NET N. SEE DETAIL 3/1-8. \SHED WHITE SAND BED 7ILTER FABRIC. ROLL : UP AT EDGE AND ENDS X UNDER TURF. OF SAND BED. SEE INSET 'A'. 12" WASHED WHITE SAND IN VOLLEYBALL PIT -E OVER FILTER FABRIC SEPERATOR. SEE SPECIFICATIONS. FILTER FABRIC SEPERATOR UNDER SAND PIT. WRAP FABRIC UP TO GRADE AS SHOWN & STAPLE. --'_ EXISTING SUBGRADE INSFT 'A' NOT TO SCALE STANDARD VOLLEYBALL COURT DETAIL SCALE, -y %6 - '-e• 4or --m �`£ T BOUNDARY ROPES, BY OWNER. SPECIFICATIONS. IARD NET, SEE SPECS. ARD HEIGHT ADJUSTABLE WITH ADJUSTABLE NET N. SEE DETAIL 3/1-8. \SHED WHITE SAND BED 7ILTER FABRIC. ROLL : UP AT EDGE AND ENDS X UNDER TURF. OF SAND BED. SEE INSET 'A'. DFA Transmittal T --non Farber Associates Landscape Architecture Site Planning And Urban Design Transmittal Date: 11 March 2004 Time: 2:30 pm Attention: Howard Jacobson Company: American Liberty Construction Phone Number: 763-477-9900 Fax Number: 763-477-9600 Copy To: Parks Commission, City of Otsego Mike Robertson 763-441-8823 DFA File From Ellen Stewart Project Name City of Otsego, Three City Parks DFA Number 03-139 Transmitting Drawings Attached For our A roval Detail Separate Cover For our Use Electronic Media Messenger As Re nested Fax US Mail Review and Comment E-mail File Other Howard: Damon Farber Associates met with the Parks Commission at the City of Otsego last night to discuss future planning for parks in the city. During their discussion they raised a couple of issues that I thought I would make you aware of as they would be items we would address in a punch list prior to closing out the project this spring. First of all, the drinking fountain at School Knoll Park has a hand crank. The one specified and the one which you provided submittal information dated 6/25/03, has a button for the jug filler. Because the installed fountain has a hand crank, they are having issues with the water being left on. Please replace with the specified equipment. Secondly, there are footings on some of the play equipment at School Knoll Park that are loose. And, finally, they reported that there is still excess mulch on trees. Before the project is complete, there must be the specified amount of mulch, and no more, on the trees as indicated on the construction documents. Thank you. Damon Farber Associates 923 Nicollet Mall Minneapolis, Minnesota 55402 estetivart@damonfarber.com phone 612.332.7522 fax 332.0936 SY0SITE IMPROVEMEN IS PRAIRIE 0 PARK OTSEGO• MN Ynwv(\s\d k5/YF AS—TED 0, PROPOSED SLEDDING HILI. LOCATION . _ . <, Ifs--TrTf, %�-, �h -� ►� ® SLEDDING HILL RELOCATION L 1 .0 L ITEM 17.7 March 23, 2004 Eugene H and Linda M Kirk 7637 MacIver Avenue NE Otsego, MN 55301 RE: 7637 MacIver Avenue NE PID 118-800-251405 At their meeting on March 22, 2004, the Otsego City Council approved a temporary exception to the Wright County Septic Point -Of -Sale Ordinance applicable to the sale of this property, PID 118-800-251405. The temporary exception is based on the property being sold to Insignia Development for development of residential uses to be served by municipal sanitary sewer and water services. The temporary Exception shall terminate upon the happening of any of the following events, whichever occurs first: 1. The temporary exception shall expire 03-22-05. 2. Application to improve the property involving a Building permit, administrative permit, conditional use permit, interim use permit, or variance. 3. Failure of the existing on-site system to the extent that a public health safety risk is created or other violation of the Otsego Sewage Treatment ordinance. 4. vacation of the property by the current residents. Sincerely, 3udy Hudson City Clerk/zoning Administrator