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09-23-02 CCITEM 5. 1. CLAIMS LIST CITY COUNCIL MEETING SEPTEMBER 23,2002 TO: Judy Hudson Attached is the Claims List for the City Council. For more details, please refer to the Check Detail Registers. If you have any questions regarding this service, please let me know. Claims Register 9-18-2002 $ 215,591.73 GRAND TOTAL $ 215,591.73 If you have any questions or if you would like to review this list further, please let me know. Kathy Grover Bookkeeper CITY OF OTSEGO 09/18/02 10:30 AM *Check Summary Register@ Page 1 SEPTEMBER 2002 FILTER: None Name Check Date Check Amt 10100 BANKOFELKRIVER UnPaid AFFORDABLE SANITATION UnPaid AIRGAS, INC. $182.92 UnPaid AMERICAN ENGINEERING TESTING $19.75 UnPaid AVENET, LLC $5,048.65 UnPaid BOISE CASCADE OFFICE PRODUCTS $1,180.00 UnPaid BOYER TRUCKS $350-56 UnPaid BRETT ADMIXTURES $567.35 UnPaid BRIAN ROBOLE $2,500.00 UnPaid CARLSON TRACTOR & EQUIP. Co. $360.00 UnPaid CROW RIVER FARM EQUIPMENT $168.13 UnPaid DAN HEASLEY PROPERTIES $203.86 UnPaid ECM PUBLISHERS INC $1,000.00 UnPaid EDWIN J OR ELIZABETH SPECHT $244.25 UnPaid ELECTION SYSTEMS & SOFTWARE $940.96 UnPaid ELK RIVER PRINTING & PARTY PLU $15.33 UnPaid FENNA HOMES $239.63 UnPaid G & K TEXTILE LEASING SYSTEM $3,000.00 UnPaid GOPHER STATE ONE -CALL INC $499.73 UnPaid GRIDOR CONSTR., INC. $26.60 UnPajd 194 WEST CHAMBER OF COMMERCE $170,119.00 UnPaid ICMA RETIREMENT TRUST $200.00 UnPaid J -CRAFT INC $422.31 UnPajd LEAGUE OF MN CITIES $12,959.99 ..nPaid M.J.B. CUSTOM HOMES INC $4,815.00 iPaid MONTICELLO ANIMAL CONTROL $2,000.00 JnPajd PITNEY BOWES $96.00 UnPadd PRIME INVESTMENT GROUP INC $100.02 UnPaid PRINCIPAL FINANCIAL GROUP $1,000.00 UnPajd PUBLIC EMPLOYEES RETIREMENT FD $495.22 UnPaid ROTHMEYER CONSTRUCTION INC $1,084.50 UnPajd SCHARBER & SONS $1,000.00 UnPaid SOFTRONICS $58.21 UnPaid STEVE'S NURSERY IRRIGATION $578.31 UnPaid STS CONSULTANT'S LTD $902.50 UnPaid TOSHIBA AMERICA INFO SYS INC $28.75 UnPaid TROPHIES PLUS $211.83 UnPaid UNLIMITED ELECTRIC INC $11.71 UnPaid XCELENERGY $2,631.33 S329.33 Total Checks $215,591.73 FILTER: None CITY OF OTSEGO 09/18/02 10:31 AM *Check Detail Reqister@ Page I SEPTEMBER 2002 rhock Amt lnvoic_e Comment 10109. ... BANK OF ELK RIVER Unpaid AFFORDABLE SANITATION z5350.56 Unpaid BOYER TRUCKS . ................................. E101-43100-220 RGpair/Majnt Supply (GENERAL) $21.65 1606OR 2000 IH TRK E . 101-43100-220 Repair/Maint Supply (GENERAL) ----L545.70 16175R 94 FORD TRK Total BOYER TRUCKS $567.35 ------------ - Unpaid BRETTADMIXTURES E 702-41400-310 Miscellaneous $2,500.00 LANDSCAPE ESCROW REFUND Total BRETT ADMIXTURES $2,500.00 npaid BRIAN ROBOLE ........ .................. E 101-43100-310 E201-45000-410 Rentals (GENERAL) $182.92 209033 HC UNIT SEPTEMBER E 101-43100-310 Total AFFORDABLE SANITATION $182.92 Miscellaneous E 101-43100-310 Miscellaneous E 101-43100-310 Miscellaneous $360.00 E101-43100-210 Operating Supplies (GENERAL) $19.75 105677831 ACETY/HAZ/OXYGEN Total AIRGAS, INC. $19.75 Unpaid AMERICAN ENGINEERING TESTING E 420-43100-302 Engineering Fees $5,048.65 19744 PAGE 79TH TO 85TH `6—npa—id Total AMERICAN ENGINEERING TESTING $5,048.65 AVENET,LLC ............... ............ E 101-41400-390 Contracted Services $1,180-00 3318 CITY WEB PAGE Total AVENET, LLC $1,180.00 Unpaid E101-41400-201 OfficeSupplies $357.33 657980 SUPPLIES E101-41400-201 OfficeSupplies ($16.09) 711038 CREDIT INV 657980 E 10 1 -41400-201 Office Supplies $9.32 711222 BADGES Total BOISE CASCADE OFFICE FmOn"t–ro z5350.56 Unpaid BOYER TRUCKS . ................................. E101-43100-220 RGpair/Majnt Supply (GENERAL) $21.65 1606OR 2000 IH TRK E . 101-43100-220 Repair/Maint Supply (GENERAL) ----L545.70 16175R 94 FORD TRK Total BOYER TRUCKS $567.35 ------------ - Unpaid BRETTADMIXTURES E 702-41400-310 Miscellaneous $2,500.00 LANDSCAPE ESCROW REFUND Total BRETT ADMIXTURES $2,500.00 npaid BRIAN ROBOLE ........ .................. E 101-43100-310 Miscellaneous E 101-43100-310 Miscellaneous E 101-43100-310 Miscellaneous E 101-43100-310 Miscellaneous E 101-43100-310 Miscellaneous E 101-43100-310 Miscellaneous Total BRIAN ROBOLE $60.00 DOT INSPECTION $60.00 DOT INSPECTION $60.00 DOT INSPECTION $60.00 DOT INSPECTION $60.00 DOT INSPECTION $60.00 DOT INSPECTION $360.00 Unpaid CARLSON TRACTOR & EQUIP. Co. E 101-43100-220 Repair/Maint Supply (GENERAL) $168.13 1035582 KNIFE EXT -SE Total CARLSON TRACTOR & EQUIP. Co. $168.13 Unpaid CROW RIVER FARM EQUIPMENT E101-43100-220 Repair/Maint Supply (GENERAL) $203A6 91996 SUPPLIES Total CROW RIVER FARM EQUIPMENT $203.86 Unpaid DAN HEASLEY PROPERTIES E 702-41400-310 Miscellaneous $1,000.00 8002 PADGETT LNDSCP REFUND Total DAN HEASLEY PROPERTIES $1,000.00 �!d ECM PUBLISHERS INC E602-49450-350 Print/Binding (GENERAL) $59.00 133874 SIOSOLIDS HAULING E 101-41400-350 Print/Binding (GENERAL) $39-90 134534 ZONING ORD E 101-41400-350 Print/Binding (GENERAL) $145.35 134539 FIREARMS ZONE MAP Total ECM PUBLISHERS INC $244.25 CITY OF OTSEGO 09/18/02 10:31 AM *Check Detail Reqister@ Page 2 SEPTEMBER 2002 Check A t Invoice EDWIN J OR ABETH SPECHT Omni t G 701-22307 Specht $940.96 ESCROW REFUND Total EDWIN J OR ELIZA13ETH SPECHT $940.96 _ I I 1___._,.._.__________ Unpaid ELECTION SYSTEMS & SOFTWARE E 101-41400-205 Election Supplies $39.29 490380 E 101-41400-205 Election Supplies 10 ROLLS PAPER ($23.96) 491529 Total ELECTION SYSTEMS & SOFTWARE CREDIT INV 489065 $15.33 E 101-41400-350 Print/Binding (GENERAL) $239.63 015948 ASSESSOR PRINTING Total ELK RIVE R PRINTING & PARTY PLU $239.63 -in FENNA HOMES . ..... - E 702-41400-310 Miscellaneous $1,000.00 E 702-41400-310 Miscellaneous 15146 81ST ST LNDSCP REFUND $1,000.00 E 702-41400-310 Miscellaneous 15147 83RD ST LNDSCP REFUND $1,000.00 8198 PADGETT AVE LNDSCP REFUND Total FENNA HOMES $,3,000.00 Unpaid G & K TEXTILE LEASING SYST6 — — - — - — ----------- - ------------- - - -- E 101-41940-390 Contracted Semc9s $80.09 841697 MATS E 101-43100-225 Uniforms $103.35 8416-98 UNIFORMS E 101-43100-225 Uniforms E 101-41940-390 Contracted Semces $76.77 846499 UNIFORMS E 101-43100-225 Uniforms $80-09 851308 MATS E 101-43100-225 Uniforms $73.26 851309 UNIFORMS $86.17 856139 Total G & K TEXTILE LEASING SYSTEM UNIFORMS $499.73 npajd . . . . ......... . ................ . ... E 101-41400-310 Miscellaneous $26.60 2080620 BILLABLE TICKETS Total GOPHER STATE ONE -CALL INC $26.60 Unpaid GRIDOR CONSTR., INC. E429-43256-500 Capital Outlay (GENERAL) $170,119-00 6 EWWT PHASE 2 Total GRIDOR CONSTR., INC. $170,119.00 Unpaid -6 194 WEST CHAMBER O*F Comj'�R E 101-41400-355 Dues & Memberships - $200-00 2002-2003 MEMBERSHIP - Total 194 WEST CHAMBER OF COMMERCE $200.00 Unpaid ICMA RETIREMENT TRUS - T G 101-21705 Other Retirement $230.00 E 101-41400-121 PERA PPE 9/14 CK DTD 9/18 $192.31 Total ICMA RETIREMENT TRUST PPE 9/14 CK DTD 9/18 $422.31 npaid i -C RAFT IN FC E101-43100-400 Repairs& Maint Cont (equip) $12,959.99 30547 92 FORD TRK DUMP BOX Total J -CRAFT INC $12,959.99 npaid LEAGUE OF' M N CITIES E 101-41400-355 Dues & Memberships $4,815.00 Total LEAGUE OF MN CITIES $4,815.00 MEMBERSHIP DUES )aid E 702-41400-310 Miscellaneous $1,000.00 E 702-41400-310 Miscellaneous 10009 JAMES LNDSCP REFUND $1,000.00 Total MA.B. CUSTOM HOMES INC 9995 JAMES LNDSCP REFUND $2,000.00 Vn�" MONTICELLO ANIMAL CONT—R-O-L--"—"-'---*-^-------,,------,,- CITY OF OTSEGO 09/18/02 10:31 AM Page 3 *Check Detail Re_qister@ SEPTEMBER 2002 Check Amt Invoice Comment E 101-42710-390 Contracted Services $64.00 314 JULY 2 DOGS PICKED UP E 10 1 -42710-390 Contracted Services $32.00 318 AUG I DOG PICKUP Total MONTICELLO ANIMAL CONTROL $96.00 -PITNEY BOWES ---- E 101 -41400-413 Office Equipment RentaJ $100.02 4705027-SP02 POSTAGE MACHINE Total PITNEY BOWES $100.02 ................................ 'Un PRIME INVESTMENT G-ROU-P 1'N ----'C E 702-41400-310 Miscellaneous $1,000.00 8104 PADGETT LNDSCP REFUND Total PRIME INVESTMENT GROUP INC $1,000.00 Unpaid PRINCIPAL FINANCIAL GROUP E 101-41400-123 Health $265.37 9/15 TO 10/14 ADMIN E 101-43100-123 Health $229.85 9/15 TO 10/14 PW Total PRINCIPAL FINANCIAL GROUP $495.29 PUBLIC EMPLOYEES RETIREMENT FD E 101-43100-121 PERA $242.65 PW PPE 9/14 CK 9/18 E 101-41400-121 PERA $321.52 ADMIN PPE 9/14 CK 9/18 G 101-21704 PERA $520.33 PPE 9/14 CK 9/18 Total PUBLIC EMPLOYEES RETIREMENT FD $1,084.50 Unpaid ROTHMEYER CONSTRUCTION INC E 702-41400-310 Miscellaneous $1,000.00 8238 PALMGREN LNDSCP REFUND Total ROTHMEYER CONSTRUCTION INC $1,000.00 Unpaid SCHARBER & SONS E101-43100-220 RGpajr/Maint Supply (GENERAL) $58.21 279031 91 DISK MOWER Total SCHARBER &SONS $58.21 Unpaid SOFTRONICS E 10 1 -41400-570 Off ice Equip and Furni shings $103.31 1974 MODEM/KEYBOARD/FAN E 101-41400-390 Contracted SwAces $475.00 1974 LABOR JULYIALIG Total SOFTRONICS $578.31 Unpaid STEVE'S NURSERY IRRIGATION E 101-43100-310 Miscellaneous $902.50 490 PAGE AVE SPRINKLER HEAD REPAIR Total STEVE'S NURSERY IRRIGATION $902.50 Unpaid STS CONSULTANT'S LTD E 101-43100-302 Engineering Fees $28.75 234582 02 STREET IMPROV Total STS CONSULTANT'S LTD $28.75 Unpaid TOSHIBA AMERICA INFO SYS INC E 101-41400-413 Office Equipment Rental $211.83 33679375 COPIER Total TOSHIBA AMERICA INFO SYS INC $211.83 Unpaid TROPHES PLUS E 101-41400-310 Miscellaneous $11.71 NAME PLATE Total TROPHIES PLUS $11.71 Unpaid UNLIMITED ELECTRIC INC E 203-45210-530 Improvements Other Than Bldgs $2,631.33 5577 NEW SERVICE IN PARK Total UNLIMITED ELECTRIC INC $2,631.33 Unpaid XCELENERGY E 101-43160-322 Utilities $226.58 RIVERPOINTE - WELL E 101-43160-322 Utilities $38.33 RIVERPOINTE - SEWER CITY OF OTSEGO *Check Detail Reqister@ SEPTEMBER 2002 E 101-43160-322 Utilibes $64.42 086709125424 RIVERPOINTE Total XCEL ENERGY $329.33 10100 BANKOFELKRIVER $215,591.73 FILTER: None 09/18/02 10:31 AM Page 4 nBonestroo OEM Rosene Anderlik & Associates Engineers & Architects September 3, 2002 Mr. Mike Robertson City of Otsego 8899 Nashua Ave NE Otsego, MN 55330 Elonestroo. Rosene, Anderilk and Associates. Inc. is an Affirmative ACtion/Equal and Employee Owned Principals: OttO G. Sonestroo. RE. - Marvin L. Sorvala. p - GI nn R. Cook. P.E. - Robelt S�hunic�h�t 1�5- Jerry A. Bourdon. RE. E. e Senior Consultants: Robert W. Rosene. RE. Joseph C. Anderlik. RE. Richard E. Turne ',E.L - s M Ebe Associate Principals: Keith A. Gordon. RE. Robert R. Pfefferle. RE. Richard W. Fosra�'� P . . . * David 0. Loskora, RE. Mark A. Hanson. RE. - Michael T. Raurmann. RE. - Ted K. Field. RE. - Kenneth Andersoh RE. - Mark R. Rolfs. pE. David A. Bonestroo. M.B.A. - Sidney P Williamson. RE.. L.S. - Agnes M. Ring. M.B.A 'Z"ck Schmidt. RE. Thomas W. Peterson. RE. . James R. Maland, RE. - Miles S. Jensen, RE. - L. Philli p Gravel Ismael Martinez, RE. . Thomas A. SyFko, RE. - Sheldon J. John Robert J. Devery. RE. son - Dale A. Grove. RE. - Thomas A. ROushar, RE. Offices: St. Paul, St. Cloud, RQChester and Willmar. MN - Milwaukee. W1 - Chicago, IL Website: www bone srroo.com Attn: Mik.e Robertson, Administrator Re: City of Otsego East Wastewater Treatment Facility Phase 2 Payment Request Number 6 BRA File No. 50301102-P.R. Dear Mr. Robertson: .Enclosed are four (4) copies of Requesf for Payment No. 6 from Gridor Constr., Inc. for the above referenced project for the period July 31, 2002 to August 29, 2002. The requested payment amount is $170,119.00. 1 1 recommend approval of this pay request by the City. Note the retainage is shown as zero because Gridor Construction Inc planned t he alternate retainage method. If this has not been completed yet the pay request should be contingent upon completion of the alternate retainage account. Please return one signed copy of the approved pay request to . our office. Send two to the Contractor along with his check, one for him and one for the Bonding Company. Keep one final copy for Your files. If you have any questions regarding- this letter or the- ildsted pt ent arn6tifit, —16ji- at(651)604-4851. , p e call me Sincerely, BONESTROO, FZRS�ENE, ANDERLIK 8c ASSOCIATES, INC. Joel chrnidt cc: Bob Meyer, Gridor Constr., Inc. 233S West High I way 36 & St. Paul, MN SS113 a 6Sl-636-4600 . Fax: 651-636-1311 GRIDOR CONSTR., INC. 1886 BERKSHIRE LANE PLYMOUTH, MN 55441 Owner CITY OF OTSEGO ForPeriod 7/31/02 TO 8/29/02 . Engineer BONESTROO ROSENE ANDERLIK &ASSOC. REQUEST FOR PAYMENT WASTEWATER TREATNENT FACILITY SUMMARY - Date t No. 763-559-3734 8/29/2002 6 ORIGINAL CONTRACT A -MOUNT s 2,217,700 2 CHANGE ORDER - ADDITION 3 CHANGE ORDER - DEDUCTION 4 REVISED CONTRACT AMOUNT VALUE COMPLETED TO DATE 6 MATERIAL STORED 7 AMOUNT EARNED TIES PERIOD 8 LESS RETAINAGE - 5% 9 SUB -TOTAL 10 LESS AMOUNT PREVIOUSLY PAID I I AMOUNT DUE THIS REQUEST Recommended for Approval by: Engineer k"L (Project Engineer) s s Approved by Contractor: Approved by Owner: GRIDOR CONSTIL, INC. CITY OF... Robert Meyer 8129/2002 Specified Contract Completion Date: 4/l/2003 Date 0:\BOB\Otsego 2001\Pay Estimate\PAY.XLS EQUAL OPPORTUNITY EMPLOYER S 2,217,700 s 590,100 s 656,002 s 1,246,102 s 0 S 1,246,102 s 1,075,983 s 170,119 PAY ITEMS TOTAL 2,217,700 1,075,983 170,119 1,246,102 8/2912002 WASTEWATER TREATMENT FACILITY PAY ESTIMATE NO. 6 OTSEGO, MN 7/31/02 TO 8/29/02 ITEM AMOUNT AMOUNT TOTAL NO DESCRIPTION CONTRACT AMOUNT PREVIOUSLY APPROVED COMPLETED THIS PERIOD COMPELTED 1 BOND & MBILIZATION - 60,000 40,000 2,500 TO DATE 42,500 2 EXCAVATION & BACKFILL 70,000 45,000 10,000 55,000 3 FINE GRADE SITE 7,000 4 FENCE 18,000 800 0 800 5 ROADS & WALKS 9,000 6 TREES & SHRUBS 6,000 0 7 CONCRETE 1300 CY @ $340.00 442,000 275,400 47,600 323,000 8 REINF. STEEL 130 TON @ $1,200.00 156,000 97,200 16,800 114,000 9 PRECAST CONCRETE 22,000 12,000 12,000 10 MASONRY 46,000 20,000 20,000 11 MISC. METALS - FRP - HATCHES 70,000 12 CARPENTRY 22,000 0 13 WOOD TRUSSES 9,000 0 14 FRP DONE 41,OCO 0 15 INSULATION & SHINGLES 28,000 0 16 METAL SIDING & TRIM 44,000 0 17 CAULKING 5,000 0 18 DOORS & WINDOWS 22,000 1,000 0 1,000 19 FLOORTREATMENT 6,000 20 PAINTING 45,000 0 21 SPECIALTIES 3,700 0 22 VORTEX GRIT PUNT 13,000 0 23 POLYMER FEED EQUIPMENT 10,000 0 24 UVDISINFTCTjoN 20,000 0 25 FINAL CLARIFIER 58,000 0 26 CENTRIF. NON -CLOG PUMPS 21,000 0 27 PROGRESSING CAVITY PUMPS 25,000 0 28 GRIT CYCLONE & CLASSIFIER 20,000 0 29 FORCED VORTEX GRrr CHAMBER 28,000 0 30 CYLINDRICAL FINE SCREEg 82,000 0 31 GRAVITY BELT THICKENER 112,000 0 32 CARROUSEL MECHANICAL AERATOR 55,000 0 33----. -ODOR CONTROL SYSTEM 0 34 PROCESS PIPE, VALVES, METER - MATERIAl 110,000 35 PEPE & EQUIPMENT LABOR EXTERIOR 56,000 3,000 5,000 0 8,000 36 PIPE & SLEEVE LABOR INTERIOR 15,000 2,000 1,000 3,000 37 PLUNMING 31,000 800 800 38 VENTILATION 77,000 39 ELECTRICAL 264,000 10,000 0 10,000 40 SCADA SYSTEM 28,000 SUBTOTAL 0 9 2,217,700 494,200 95,900 MATERIAL STORED 581,783 74,219 '100 656,002 (CHANGE ORDERS) 0 0 TOTAL 2,217,700 1,075,983 170,119 1,246,102 8/2912002 STORED MAT'L 29 WASTEWATER TREATMENT FACILITY MATERIAL STORED 30 CYLINDRICAL FINE SCR LAKESIDE EQUIP. OTSEGO, MN 31 PAY ESTIMATE No. 6 ASHBROOK ITEM NO. DESCRIPTION SUPPLIER PREVIOUS THIS AMOUNT AMOUNT INSTALLED NET AMOUNT 8 REINF-STEEL ANMASS'ADOR STEEL 24,081 7,081-17,000 34 11 MISC. METALS METRO NEG. 27,690 D. 1. PFPE & FITTINGS 14 FRP DONE FIBERGLASS STRUCT. 34,602 27,690 18 WINDOWS W. L. HALL 3,230 34,602 18 HM DOORS & FRAMES DAVID HDW. 1,768 3,230 18 DOORS FRAMES HDW DAVID HDW. 9,300 1,768 21 LOUVERS OLSEN ENTERPRISES 1,595 9,300 21 FIRE EXTINGUISHERS BARTT-EY SALES 301 1,595 22 VORTEX GRIT PUMP PARSONS ENGR!D. PROE 11,567 301 23 POLYMER FEED EQUIP. US FILTER STRANCO 8,143 11,567 24 UV DISINFECnON TROJAN 18,105 8,143 25 FINAL CLAREIER EIMCCI 47,925 18,105 27 PROGRESSING CAV. P. NETZSCH IA QQA 47,925 29 VORTEX GRIT CHAMBE SMITH & LOVELESS 1 25,541 30 CYLINDRICAL FINE SCR LAKESIDE EQUIP. 78,661 31 GRAVITY BELT THICK ASHBROOK 102,841 32 CARROUSEL LICENSE EIMCO 51,821 33 ODOR CONTROL SYS. CALGON 55,646 34 CHECK VALVES GA IND. / DAVCO 1,542 34 D. 1. PFPE & FITTINGS PLANT & FLANGED 66,510 34 M- I. VALVE ACCESS. DAVC0 2,888 34 FLOV;NIETER WILLIAM E. YOUNG 3,183 34 PLUG VALVES SPX - DEZURIK 13,005 34 MANHOLES ELK RIVER CONC. PROD. 34 MISC. SMALL PIPE US FILTER 38 HVAC MATERIALS GREEN MECHANICAL 42,450 1,252 7,871 585 20,980 25,541 78,661 102,841 51,821 55,646 1,542 67,762 2,888 3,183 13,005 7,871 585 42,450 581,783 81,300 0 8 1 656,002 TOTAL COMPLETED & STORED 74,219 8/29/2002 ITENI 5.2. RESOLUTION NO. 2002- 37 AMENDING RESOLUTION NO. 2002-32 APPOINTING ELECTION JUDGES FOR 2002 CITY OF OTSEGO, COUNTY OF WRIGHT ------------------------------------------------------------------------------------------- WHEREAS the General Elections are to be held on November 5, 2002, and, WHEREAS Election Judges are required to perform the election duties for these elections, NOW THEREFORE BE IT RESOLVED THAT, the following persons be appointed as Election Judges and attend the necessary training provided by the City of Otsego in order to hold the position of Election Judges: Della Anderson Kelly Ellis Carol Olson Elaine Beatty Kathy Evilsizer Patti Packer Germaine Beaudry Phyllis Fournier Linda Raymond Ann Bentz Kathy Grover Bev Roden Pam Black Rachel Hagen Karee Rowell Judy Blesi Lorene Hennick Julie Schoen Peggy Boyle Judy Hudson Steve Schuck Rose Cassady Erica Larson Lillian Schultz Cecilia Chapp Doris Jean Lcshovsky Bonnie Shierts Debra Christman Arlene Lindenfelser Beth Specht Gabe Davis Sandy Lindenfelser Donna Stcinkopf Barb DeMars Bryan Lugent Joy Swenson Nancy Duerr Shirley Madland Bernadette Vetsch Dennis Ebert JoAnn Martin Nikki Welton Virginia Marquette Richard Wilt Resolution No. 2002-37 Appointing Election Judges. Appointed by the City of Otsego Council th's-daY Of -, 2002. CITY OF OTSEGO L (Y FOURNIER, MAYOR ATTEST: JUDY HUDSON, CITY CLERK/ ZONING ADNIINISTRATOR FiIc:02EIectionWPS.00 Hakanson Anderson 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Assoc., Inc. Phone: 763/427-5860 Fax: 763/427-0520 CITY OF OTSEGO CITY COUNCIL CITY ENGINEER'S AGENDA SEPTEMBER 23, 2002 Item 7.1: Set Workshop for review of 85 1h Street Improvements Item 7.2: Pay Estimate #3, Page Avenue Item 7.3: Heritage Hills Speeding Update Item 7.4: Waterfront Street Lighting Item 7.5: Any Other Engineering Business Civil 6- Municipal Engineering 20r- G:\Municipal\AOTSEGO\Agendas\councilagendai4r.mi(s5urveyingfor September 18, 2002 Pay Estimate tq Honorable M City of Ots 0. 3 City Of Otsego Yor & City Council MSAP 217-103 eg 0 8899 Nashua Avenue NE -02 Page Avenue Otsego, MN 55330 RE: MSAP 217-103-02 p Contractor- H I age Avenue Ns ardrives, Inc. Contract AM'Ount: Award Date: Completion Date: Dear Council Members: The following work has been Completed on the above 'lid Schedule ,A " - treets referenced Project: Itern Description 1 Mobilization Contract 2 Clearin and Grubbinl Quantity Unit unit Price Used To Pavement L Date 4 Remove sewer 'nOval (4,, Soli 1 L $5,500.00 1 Extension 5 i e Remove P, torm - 18" aC 1360 $5,40C).O() $5,500.() e Drain p C) LF 7.12 0 6 Remc) 90 $0.38 $6,04800 7 Re ve, 'Conc,rete, Cu,rb & Gutter 40 LF $5-4 1527 $580-26 MOVE? 31iijI I'll, '1 1, r I I LF 1 8 Remov : 1, 1 1 �nt 17n $5.40 $567.00 Q e Catch Basin LF 40 .9 awin all ): ... I 00b $3.45 $216.00 10S jull el ull Delpth I SY $1.30 2oo $69 00 alva e Metal culverts EACH 1652 11 SaIv. e Retaining Wall '15 CAI 246 LF 105.00 1 147-60 12 Sal., & Reinstall S- - 1., 48 LF $2.75 351 $105.00 13 Comm Excavation I n so SF $5.40 122 $965-25 14 Commo 2 $8.00 $658.80 15 clas's 5 A Borrow - LV 5175 C $130.0() 5 $400.()o 16 Mill B. re ate ase (6,) CY 1 ItuMinous Surf, 1620 CY $3./u 670 $130.00 17 T $8,1() $2479740 Pe LV 4 Wearin C( 7911 TON 0 19,9 1 18 T e LV 3 Non-Wearin re 1! 25 SY $7.50 fU52 $16,183.80 9 Bituminous Material F Course Mixt 8) 2685 TON S11-50 14.5 $52,q 20 R or Tack coat 655 $29-35 $166.75 econstruct Retainin Wall TON 662-71 21 Ad-ust Gate ValvIl 995 $26.,qo Z $19, 0.54 GAL 572.17 22 Ad'USt I El 0 $1.00 $69.191-37 23 me & Rin Uastin 6 F 180 $180.00 Concrete Curb S15.0() rete Valle Gutt r 3 S750.00 24 6" Conc & Gutte Desi n 8618 C $160.00 50 25 1, C 7070 EACH $180.00 $0.00 oncrete Apron 86.3 LF $7.65 $0.00 26 Relocate Mailbox Su Ort SY 6894 !7 Traffic Control 81 SF $31-35 86. $52,739.10 1 $3.75 69 $2,705.,51 1 EACH $70.00 $258.75 LS $4,300.0() 2 $140.00 -6: Shareim,n 1 $4,300.00 6�T, PaY Estj'c1P""'tse9010t344PE .00 mate 3 I 1'rEM 7.2 Pay Estimate No. 3 City of Otsego MSAP 217-103-02 Page Avenue Bid Schedule "A" - Streets (Continued) ITEM 7.2 Item 28 29 30 31 Description Sign Panels, Type C Pavement Message (Left � �ow - Epoxy Pavement Message (Right Arrow) - Epoxy Pavement Message (Left-Thru Arrow) - Epoxy Contract Quantity 110.25 1 2 1 Unit Unit Price -SF $21.00 EACH $162.00 EACH $162.00 EACH $324.00 Used To Date Extension 95.25 $2,000.25 1 $162.00 $0.00 1 $324.00 32 Pavement Message (Right-Thru Arrow) - Epoxy 1 EACH $324.00 $0.00 33 4" Double Solid Line Yellow - Paint 4715 LF $0.06 - 3305.5 $198.33 34 12" Solid Line White - Paint 150 LF $0.06 52 $3.12 35 4" Double Solid Line Yellow - Epoxy 4715 LF- $0.32 1598 $511.36 36 4" Solid Line White - Epoxy 7300 LF --$0.27 1640 $442.80 37 12" Solid Line White - Epoxy 170 LF $4.30 r$16.45 $0.00 38 39 8" Solid Line Yellow - Epoxy 24" Stop Line White - Epoxy 375 76 LF $1.08 LF $0.00 26 $167.70 40 Bale Check 24 EACH 1 $6.65 17 $113.05 41 Silt Fence, Type Machine Sliced 1100 LF -- $1.95 1137 $2,217.15 42 Seeding - Type Lawn Restoration (Hydroseeding) 3.1 ACRE $1,075.00 1.52 $1,634.00 43 Sodding - Type Lawn Restoration 150 SY $4.30 657 $2,825.10 44 Seeding Mi ture - 60B - 310 LBS $3.25 225 $731.25 45 Commercial Fertilizer, 20-10-10 1550 LBS $0.38 750 $285.00 4E Hydraulic Soil Stabilizer Type 6 3.9 TON . $1,240.00 2.38 $2,951.20 Total Bid Schedule "A" Bid Schedule "B" - Storm Sewer $276,327.44 Item Description Contract Quantity Unit Unit Price --G-sedTo Date Extension 1. 15" RC Pipe Apron - 1 EACH $430.00 1 $430.00 2 21" RC Pipe Apron 2 EACH $605.00 2 $1,210.00 3 24" RC Pipe Apron 1 EACH $685.00 1 $685.00 4.15" RC Pipe Sewer Desiqn 3006 CL V (all depths) 310 LF $22.70 314 $7,127.80 5 18" RC Pipe Sewer Design 3006 CL III (all depths) 760 LF $24.35 734 $17,872.90 6 21" RC Pipe Sewer Design 3006 CL III (all depths) 501 LF $27.05 461 $12,470.05 7 24" RIC Pipe Sewer Design 3006 CL III (all depths) 33 LF $29.20 30 $876.00 8 21" Pipe Plug - 1 EACH $95.00 1 $95.00 9 Connect to Existing Storm Sewer 1 EACH $324.00 0 $0.00 10 Install Salvage 15" CMP 48 LF $8.65 1 $8.65 11 Construct Drainage Structure 2' x 3' 3 EACH $1,155.00 3 $3,465.00 12 Construct Draingage Structure Design 48" 4020 10 EACH $1,535.00 11 $16,885.00 13 Construct Draingage Structure Design 54" 4020 1 EACH $1,865.00 1 $1 86500 "'30 u 14 Random RipRap Class 111 30 CY $75.00 0 $2,250.*00 tal Bid Schedule "B" FILE: ShareWunicipalfaotsegolot344PE SHEET: Pay Estimate 3 $65,240.40 Pay Estimate No. 3 ITEM 7.2 City of Otsego MSAP 217-103-02 Page Avenue Summary Of Work Completed To Date: Bid Schedule "A" - STREETS $276,327.44 Bid Schedule "B" - STORM SEWER $65,240.40 WORK COMPLETED TO DATE: $341,567.84 LESS 10% RETAINAGE: $34,156.78. LESS PAY ESTIMATE NO. 1 $199,571.47 LESS PAY ESTIMATE NO. 2 $91,600.28 WE RECOMMEND PARTIAL PAYMENT OF: $16,239.30 APPROVALS: CONTRACTOR: Hardrives, Inc. 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: OWNECITY OF OTSEGO Signed: Title: FILE: ShareVAunicjpaI/aotsego/ot344PE SHEET: Pay Estimate 3 Date: ;1 ITEM 7.3 Hakanson Anderson Assoc., Inc. MEMORANDUM 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Phone: 763/427-5860 Fax: 763/427-0520 To: Honorable Mayor and City Council From: Ronald J. Wagner, PE tn' cc: Mike Robertson, Administrator Judy Hudson, Clerk Date: September 18, 2002 Re: Actions requested by Council This memo is to update the Council of actions requested by the Council. We have ordered additional speed limit, stop and children at play signs for Heritage Hills. These can take up to a couple months until installation depending, on availability of signs and availability of installation crews. 2. We have requested the speed and traffic counters from Mn/DOT. They will be . available for Otsego's use in two to three weeks. We have a demo "speed wagon" for the City of Otsego's use for I week starting Friday, September 20th . Dave Chase and I will set it up in Heritage Hills starting Friday morning. Brochures have been included if the City is interested in purchasing a trailer for continued use. Ci,il 6- M,,i,ipal w Engineering 2 OF G:Wunicipal\AOTSEGO\901\2002\ot9Olhmec3.doc Land Surveyingfi, Neighborhoods, school zones, construction sites and danger- ous roads could use a little help in promoting compliance with the speed limit. But officers can't be everywhere at once. That's why we offer SMART, a gentle reminder to slow down. Around -the- Clock Duty With SMART on the payroll, you have a virtual officer on duty around-the- clock, with no overtime pay. SMART, which stands for Speed Monitoring Awareness Radar Trailer is just that: a portable, self-contained speed display unit that is towed to sites with speed -related problems. After quick and easy set up—less than 5 n-Linutes—SMART is left on the road- side to display speeds of oncoming vehicles. Brake lights are the usual response. Features include: Kustom SMART Radar—this specially designed radar is mounted inside the locked trailer to clock speeds. Amber LED (Light Emitting Diode) Display —motorists see their speeds on this highly -visible LED display. The speed limit sign above the display reminds motorists to pay attention and ease up on the gas pedal. Violator Alert —when a preset speed is exceeded, the LEDs flash and change to red, sending a "This means YOU" message, offered only on Model I. The amber violator alert is available on other models. Community Relations Designed as a public relations tool, SMART generates a positive response from the community. Citizens notice when you take action against speed - related problems in their neighbor- hoods, school zones, and construction areas. 11YOUR SPEEDJ� With SMART on duty, officers have more time to deal with other important issues. Citizens see you responding to their concerns. They feel safer, which is what voluntary compliance with the speed limit is all about: safety. Kustom-Built Versatility Because needs vary from one agency to another, we offer three models. Each can be purchased with options, including: SMARTStat —the most versatile Windows -compatible statistics computer for gathering traffic data. Traffic Enforcement or Directional Radar —certified traffic enforcement radar is available as well as directional radar units for approaching targets only. * Motion Alarm --deters vandals. • Over -speed Blanking --display turns off if pre-set speed is exceeded. • For More Options —refer to specifications page located on the back. Public Acceptance We know of at least one officer who returned to the SMART trailer and found a note taped to it reading: "Please bring this to my neighbor- hood." SMART has become so popular that many agencies have waiting lists for neighborhoods that want it. Whether used to promote awareness at the start of a school year, support a temporary speed reduction site for road crews, or to simply promote good will, put SMART on your payroll. For more information, call 1-800-4KUSTOM (458-7866) www.kustomsignals.com First in traff ic��) Model I Model 11 Model III Standard Features Red LED violator alert X X X Directional radar 18" LED display (amber) X X X 12" LED display (amber) Amber violator alert X SMART radar X X X Solar -assisted recharge X 30 amp battery charger X Aluminum panels, steel frame X X X Grafitti-resistant paint X X X Locking access door X X X Removable trailer hitch X X X Towing lights X X X Torsion -spring suspension X X X Leveling jacks X X X A/C battery charger X X X Options Traffic enforcement radar X X X Directional radar X X X SMARTStat traffic statistics package X X X Amber violator alert X X Over -speed blanking X X X Motion alarm with remote X X X 30 amp battery charger X X X Axle lock X X X Speed limit signs X X X Speed sign rack X X X Aluminium wheels X X X Accent striping X X X Custom lettering X X X Canvas cover X X X SMART T11 System Specifications SMARTUnit Options Construction: Welded square, tubular frame and SMARTStat PC -compatible traffic statistics compuk aluminum outer panels. All paneling is provides 15 -minute tallies of traffic finished with a durable, graffiti -resistant counts and speeds, and an analysis by powder coat paint. percentile speed categories in 5 -mph or Access Door: Located curbside for officer safety. Locked, 1 -mph groups, for speed surveys. After provides well -sealed and weatherproof data is collected an operator may down - interior. load files to any Windows-based Power Supply: Internal bank of three, heavy-duty low- computer and print the data or graphs. maintenance batteries provide up to 14 days Data: Includes vehicle count and average of autonomous operation, depending upon speed in 15 minute intervals; total traffic. Total capacity: 345 amp hours. vehicle count; minimum, maximum and Chargers: 110 VAC: 18 amp output. average speeds; 50th and 85th Solar Panel: 3.0 amp output. percentiles; ten mile pace; and the num- Regulator. Internal controller regulates the amount of ber of vehicles recorded for each mile current delivered to the batteries to prevent per hour recorded. overcharging and battery damage. Graphs: Plot a bar or line graph with the number Display Glass: Safety glass —the type used for of vehicles vs. time of day, vehicle speed windshields. vs. time of day, and vehicle speed vs. Display Size: Two -digit display, 12" or 18" high. number of vehicles. Display Type: Amber light emitting diode (LED). Includes: Dedicated computer, proprietary Violator Alert: LEDs flash red when preset threshold speed software, and pneumatic tube to lay is exceeded - Model I only. The amber across the roadway for vehicle count. violator alert is available on other models. Axle Lock: Prevents rolling when trailer is parked Trailer Hitch: Removable, stores inside the trailer to on an incline. prevent unauthorized towing. Motion Alarm: Movement -sensitive, sounds a loud siren Suspension: Torsion -spring. Minin-dzes effects of road for several minutes before resetting. shock. Activated via remote control with Towing Hitch: Requires Class I hitch with 2" ball. audible confirmation of alarm status. Towing Lights: DOT approved rear brake, turn signals, Speed Sign Rack: Stores up to six 24" x 30" speed limit license plate and side markers. Standard signs. connector for vehicle hookup included. Aluminum Wheels: Replaces white powder coat painted Tow Weight: 1050 Ibs. max. wheels. Tongue Weight: 125 lbs. Canvas Cover: Protects during transport. Made -to -fit, Leveling Jacks: Ensures a firm standing on uneven water-repellent, vinylized canvas with terrain. grommets and straps to secure trailer. Dimensions: (Roomy interior provides storagefor equipment) Radar Upgrade: SMART's standard radar can be Panels Down: 6'5"H x 6'W x 81 replaced with a directional radar unit or Model 1: 10'2"H (panel up) a certified Falcon, KR-IOSP, the Eagle Models II & 111: 8'6" H (panel up) Series, or PRO100ODS. Either can also be used for speed enforcement from a RADARUnit patrol vehicle. Accent Stripe: Single 6%thick accent stripe encircles the Style: One-piece, stationary. unit. Available in 12 colors. Measurement: Available in mph or km/h. ring: Custom Lette Accent stripe can include SHERIFF or Type: True Doppler Radar. POLICE lettering in white, at no addi- Operating Frequency: 24.15 GHz (K -Band) ±100 MHz. tional charge. When certain require - Operating Temp. Range: -22'F to +140'F (-300C to +600C); 90% ments are met, agency lettering and logo relative humidity at +99*F (+371C), can be added. non -condensing. Heavy Duty Charger: Provides 30 amp charge for reduced Accuracy: ±1 mph. charging time. Target Speed Range: 10 to 99 mph. Microwave Source: Gunn -Effect Diode. In keeping with Kustom Signals' policy of continued refinement of its products, Power Output: 15 mW typ., 50 mW max. these specifications are subject to change without notice. SMART is a PATCO Power Density: <5 mW/cm2(measured 5 cm. from antenna product distributed by Kustom Signals. Kustom Signals' warranty includes parts face). and labor, and warrants all components—without exception—against defects in Beam Width: 120+10. materials and workmanship. SMART is warrantedfor one year, the radar Side Lobes: 25 dB below main beam. warrantedfor two years. Service can be performed by the Kustom Signals Receiver: Low noise Schottky Barrier Diode manufacturing facility. LeaselPurchase available. SMART is protected by U.S. (100 mW rating). Patent numbers 5,231,393 & 6,046,686; other patents pending. Visit our website at We(( zvww.kustomsignals.com orfor more information call toll-free: 1-8004KUSTOM. I SIGNALS, INC. 9325 Pflumm - Lenexa, KS 66215-3347 9 913-492-1400* 800-458-7866 e FAX 913-492-1703 * sales@kustomsignals.com SUBSIDIARY OF PUBLIC SAFETY EQUIPMENT INC. Printed in U.S.A. 8101 ir TM RT 10 WTI Vvith asveed Slow theM do eTtess fLadaf A,,W at sicy-nals. lostoTa ,V.ralle-r kk(((L( V-USIT1.6.4 ItAc. — n-ayvity A -P co A -?.roja,L%j IatavY j5pee- -volt alld .vvith the ,wa-rey,ess,,, COIVP I-lalak- LP Easy set-up in 3 minutes or less 1. Stabilize with leveling jacks and remove the hitch 2. Release the sign latch 3. Raise the display 4. Select the speed limit numbers 5. Power "on" and it's ready. Standard Features: o 18" Amber LED display provides high visibility and adjusts to all ambient light conditions • Adjustable tongue length for safer towing • Built-in axle lock adds stability and prevents theft • Tamper-resistant, dual lock storage box houses power switch, low -maintenance batteries, charger, and speed signs Optional Features: • Violator Alert - LED display flashes if pre-set speed is exceeded • DRU (Direction Radar Unit) - displays approaching traffic only • Electric Display Lift - raises and lowers display with ease • High-speed Blanking - display turns off if pre-set speed is exceeded • Solar Panel - provides alternative power source for longer field use • SMARTStat - Kustom's WindoWSTM - based traffic statistics software package SP11D, LIMIT a YOUR SPEED SMART -LP's advanced see-through design provides a clear line of sight for pedestrians and drivers. Standard Specifications: Display: 2-cligit, 18" High brightness amber LED Faceplate: Shatter- resistant safety glass Construction: Welded square tubing frame Enclosure: Tamper-resistant, anti-skid, aluminum Suspension: Torsion spring Stabilizers: 4 screw-type leveling jacks Hitch Size: 2" ball Power: 2 low -maintenance 12V batteries Charger: 11 OVAC: 10 amp output Hitch Weight: 75 lbs. Trailer Weight: 760 lbs. Dimensions: Display Down: 1181 x 70"W x 48"H (300 x 178 x 122 cm) Display Up: 1181 x 70"W x 106"H (300 x 178 x 269 cm) Radar: True Doppler K -Band Accuracy: + 1 mph (± 2 km/h) Temp. Range: -220F to +1 40OF (-300C to +600C) Operating Time: 7 days per charge Rese specifications are subject to change without notice. SNIART-LP is a PATCO product distributed by Kustom Signals. Kustom Signals' warranty includes parts and labor, and warrants all components—without exception—against defects in materials and wor n krk ship. SNIART-LP is warrantedfor one yet r is warrantedfor two years. LeaseIPurchase available. r more rijurma n, a quole, or to p ace an o r, ca We(( Visit our website at www.kustomsignals.com! toll-ftee: 1-800-4KLISTOM (458-7866). 1 SIGNALS, I NC. 9325 Pf lumm * Lenexa, KS 66215-3347 * 913/492-1400 * FAX 913/492-1703 9 800-458-7866 * sales@kustomsignals.com A SUBSIDIARY OF PUBLIC SAFETY EQUIPMENT, INC. Printed in U.S.A. 11/00 11�aHakanson Anderson Assoc., Inc. September 23, 2002 Honorable Mayor and City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Phone: 763/427-5860 Fax: 763/427-0520 Re: High Pressure Sodium Lights vs. Metal Halide Dear Honorable Mayor and City Council: In response to Mr. Fischer's letter to the Council with regard to metal halide (MH) fixtures, I thought you should be aware of some information on MH and high pressure sodium (HPS) lighting fixtures. Although MH, based on most opinions, offers a better color rendition as opposed to HPS, MH does have some significant deficiencies compared to HPS. The two main factors for most municipalities in the United States when detennining a specific light source is longevity and energy efficiency, both are related to maintenance and operation budgets. MH is lacking in 1= many categories compared to HPS. Lamp Life - HPS (all wattage's) 24,000 hrs warranty - MH 90 (250 watt or less) 10,000 hrs warranty requires lamps to be changed 2.4 times more often. Efficiency - HPS 104 lumens per watt - MH 90 lumens per watt requires light structures to be spaced closer to meet Illumination Engineers Society (IES). Lumcn - HPS maintains 90% through life of lamp Depreciation - MH maintains 85% through life of lamp again requires closer spacing to meet IES guidelines. Bulb Cost - MH bulbs cost about 15% more than HPS bulbs. Due to the sub -standard efficiency and longevity, I do not see any logic to pursuit adopting MH I as a standard lighting source. There has been some developments in lighting technology with Civil 6- Municipal Engineering 25 G:\Muiiicipai\AOTSECKM49\ot3491imec2.doc Land Surveyingfor regard to light sources that perform better than both HPS and MH. Hakanson Anderson Associates, Inc. will continue to monitor any new developments, but for now it is more cost effective from a maintenance and operation standpoint to continue with current practice of HPS. Sincerely, Hakanson Anderson Associates, Inc. P RJW:dlc G:\MunicipaMOTSEGO\349\ot349hmcc2.doc Hakanson Anderson Assoc., Inc. Otsego's Waterfront Corrimmial PUD "Development Standards - a. Upper Level Lights (20-301) The City of Otsego and the local utility company will approve upper level streetlights wattage These lights shall be used for intersections and in parking lots locations shall be identified with each development stage. The composition of the standard shal.1 match that of lower level liorhtincy. Along streets 25' - 30' poles and 20' - 25' poles in parking lots. b. Lower Level Lights (12-151) Where pedestrian traffic is expected and encouraged to occur, such, as on the river parkway and on interior roads, pedestrian li-hts shall be installed. These lio, ts shall be decorative dark C, gh metals. The cost of installation of these lights shall be identified in the developer's agreement, and become part of each project. Detachable double banner arms should be included on lights within Waterfront Boulevard. Lamps — concealed high Eres�"e odium, or metal halide 70 to 400 watt should be used for areas where 000d color rendition is required. Lamps up to 1000 watts may be used where the resultino, reduction in poles and fixtures will benefit the aesthetic ZD character of the area. TENNON TO ACCOMOOATE LUmINAIRE HOLOPHANE MONGOOSE LUMINAIRE 150 WATT HPS MULTIVOLT WIDE FLATE GLASS VERTICAL MOUNT BRONZE FINISH OR ENGINEER APPROVED EQUAL 30'-0" MTG. HT. ROUND TAPERED POLE (4) NUT COVER NOTE: 1. FINISH-EPDXY PRIMER 2. FINISH BRONZE THERMO-SET ACRYLIC SEE OTSEGO ST13��- DRAWING L4 A14CHOR BOLTS PER MANUFACTURERS SPECIFICATIONS CITY OF OTSEGO ?OVED HAKANSON-ANDERSON ASSOC. 0/02 E__ LIGHT UNIT TYPE 11 NO SCALE STANDARO DRAWING NO. L2 Otsego's Waterfront Commercial PUD "Development Standards" Poles — tapered steel poles painted to match the lower level poles. a Pole/finish - 0 Street Lamp - 0 Finish (Standard Black) Color to Match 100 — 175 Watt Metal Halide Powder Coated Bronze 200 — 400 Watt Metal Halide ght Poles. Street and Walkway Li,,, Illumination Levels and Uniformity An average of 5 -foot candles is allowed within the parking fields of the regional commercial areas. 2 3 BANNER BRACKE HOLOPHANE HALLBROOK LUMINAIRE OR ENGINEER APPROVED EQUAL GFI DUPLEX RECEPTICAL WITH WEATHERPROOF COVER MT0. AT 10' 2 PIECE BASE COVER 3"X 5" MINIMUM HANOHOLE THE POST SHAFT SHALL BE 6063 ALUMINUM ALLOY, 0.188 WALL THICKNESS. HEAT TREATED TO T6 CONDITION AFTER WELDING. THE POST. ARNI, AND BASE COVER SHALL BE PAINTED WITH A POYESTER POWDER COAT. COLOR SHALL BE BRONZE NO SCALE CITY OF OTSEGO STANDARD APPROVED HAKANSON—ANDERSON ASSOCIATES DRAWING 5/15/02 LIGHTING UNIT TYPE I NO. 15' MTG. HT. Ll 4.5" MINIMUM OPENING TO ACCOMODATE 2- 2" NIVIC BASE PLATE A4 DETAIL B.C. 7.5' To 9.5' 3/4'X 17" GALVINIZEO ANCHOR BOLTS 9,25" 4 EA SQUARE THE POST SHAFT SHALL BE 6063 ALUMINUM ALLOY, 0.188 WALL THICKNESS. HEAT TREATED TO T6 CONDITION AFTER WELDING. THE POST. ARNI, AND BASE COVER SHALL BE PAINTED WITH A POYESTER POWDER COAT. COLOR SHALL BE BRONZE NO SCALE CITY OF OTSEGO STANDARD APPROVED HAKANSON—ANDERSON ASSOCIATES DRAWING 5/15/02 LIGHTING UNIT TYPE I NO. 15' MTG. HT. Ll LIGHTING DESIGN OTSEGO QUADAY ST. NE AND 91ST ST. NE. The lighting design was completed in compliance with the roadway lighting guidelines for illumination as stated by AASHTO for a local commercial roadway. These guidelines are recognized by the industry as being acceptable to use in the design of street lighting systems. Based on the AASHTO guidelines and the street light appearance as illustrated in the proposal (see attachments), a design was created. Taking into account the desired appearance, the cost limitations and the need to adequately illuminate the roadway, a spacing was determined. This spacing was analyzed to be approximately 70' soldiered down the roadway with a combination of 15' ornamental lights (about 29ea), and 30' standard street lights (about l2ea). This spacing allowed the desired look to take precedence, and also comply with the uniformity guidelines by incorporating the 30' lights as needed. A desire was expressed to explore the option of adding outlets to the ornamental poles. There is an additional construction cost and a more extensive maintenance program that will be associated with this. However, this is included in the current plan. Outlets provide for a convenient method of illuminated theme lighting (i.e. Christmas & Festival). To comply with the National Electric Code these outlets are required to have Ground Fault Interrupters (GFI) and in service weather proof covers. These requirements are necessary for public safety, but also present some complications with regard to maintenance. GFI outlets are basically required where wet condition may exist. These outlets gauge the amount of current output from the outlet opposed to the amount of current returning. The slightest difference in the currents will trigger the interrupter thus disconnecting the circuit. The outlet will than have to be reset (a simple button push). This does happen frequently during snow and rain'. Outlet are proposed to be mounted at 101. Cost Reduction Strategies - Eliminating the outlets may save about $12,000. The cabinet, conduit raceway, and ornamental poles can be constructed to accommodate outlets in the future. - Eliminating decorative base may save about $20,000. This base adds a decorative flared look to the bottom of the ornamental pole as opposed to a straight pole attaching to the pole foundation. - Eliminating decorative base and outlets may save about $32,000. - Design for adding more 301 poles and reducing the number of ornamental poles. No cost analysis was completed with this. There is about a $1,000 difference in material costs between the two poles. ,, U- GlasWerks- Styied P*6ducts Hallbrook' Series The Hallbrook" Series is the original matrix of luminaires in Holophane's line of contemporary outdoor lighting products. This sleekly styled luminaire was The Hallbrook luminaire is available with Holophane's complete line of ClasWerkSTM Series decorative posts, arms, and brackets. HL -1954 9/00 designed to meet the aesthetic and architectural qualities desired in decorative street and area lighting, while still providing superior optical, electrical, and mechanical performance. Furthermore, the performance is enhanced by a precisely molded borosilicate glass refractor, which maintains uniform illumination while allowing maximum pole spacings. Symmetrical and asymmetrical light distributions are available to provide optimal performance in any application. �A GlasWerks- Styled Products Hallbrook' Series High efficiency high pressure sodium, metal halide, and mercury vapor lamps are the primary light sources available. Wattages range from 35 to 175 watts allowing for maximum flexibility in design. The lamps are operated by premium Holophane ballast components which ensure designed light output and optimal component life. In all applications, the Hallbrook Series can help achieve a warm, pleasant, and exceptionally well illuminated environment with lower wattage lamps and fewer luminaires. 2 Ucts 150M VrJasWerftW,'OIyUd fted rmE�I- FIVI Typical Configurations 1 1.09M (43-) 3.7m (12') 0 Dimensional Data 1 1.09M (43-) 3.7 m (12') 4.6m 5.5m 2 piece — base cover 'r and hole for iring access 1�1.67rri (65.63")---� V 3 The Hallbrook Series incorporates a contemporary 5hepherd's crook design as standard with an optional cast aluminum flared base. Poles are of steel or aluminum construction and available in 12', 15', 18' heights. Also available are banner arms, street sign brackets, and weatherproof receptacles. Hallbrook ".7 - I i L7A GlasWerksTm Styled Products i Availability Lamp type & wattages Colors Optics Metal Halide 70-175W Black Symmetric glass refractor HPS 35-15OW Bronze Asymmetric glass refractor Mercury 100-1 7SW Green As specified Pole height Materials Arm 3.66 m (12') Steel Single 4.5 7 rn (I Y) Aluminum Twin 5.49 rn (18') Options & Accessories Button style photocontrol Street sign bracket Protected starter Bannerarms Cast aluminum decorative base Wall mount Weatherproof receptacle Vertical cast guard Decorative arms Horizontal cast guard For detailed ordering information, specifications, and photometrics, refer to the appropriate technical data sheet Photometrics 6 Z 0 4 0 I&IIAZIAMM"111 N No RATIO = DISTANCE ACROSS / MOUNTING HEIGHT 15AHPOOXM TYPE V CUTOFF TEST NO. 43033 n 0 C Z M 7 6 0 4 < 3 2 WIN FA M El NUNN RATIO = DISTANCE ACROSS / MOUNTING HEIGHT 15AHPOGXA TYPE 11 SHORT CUTOFF TEST NO. 43032 Typical photometric data (Isofootcandle charts and coefficient of utilization curves) Iscifootcandle data is based on a 20 foot mounting height. To determine values for mounting heights other than 20 feet, multiply the value shown by the following factors: 1,6' -) rA I 1c, I I I - 1.JQ 10 - I.Z1 22 - 0.83 24 -0.69 26' - 0.59 A- E LEADER IN LIG=NG SOLUTIONS Holophane A Division of National Service Industries, Inc 214 Oakwood Ave., Newark, OH 43055 / Holophane Canada, Inc. 294 Walker Drive, Unit #3, Brampton, ON Canada L6T 4Z2 / Holophane Europe Limited, I Bond Ave., Milton Keynes MKI 11G, England / Unique .ighting Solutions, 13/30 HeathcoLe Road, loorpbank, NSW 2170 Australia/ Holophane, S.A. de _.V., Apartado Postal No. 986, Naucalpan de)uarez, S3000 Edo. de Mexico Contact your local Holophane sales representative for application assistance, and computer-aided design and cost studies. For information on other Holophane products and systems, call the Customer Service Center at 740-349-4160. In Canada call 905-793-3111 or fax 905-793-9597. - HL -1 954 9/00 QCopyright Holophane 2000 Valif — eb fte t --b.111Pb..e,.- 0 0 Z Limited Warranty and Limitation of Liability Refer to the Holophane limited material warranty and limitation of liability on this product, which are published in the "Terms and Conditions" section of the current price schedule, and is available from our local Holophane sales representative. Printed in USA L A MONGOOSE' ARCHITECTURAL "UM. - The Mongoose Architectural Area Lighting luminaire combines architectural style with advanced optical systems to provide superior lighting solutions for a wide varie� of applications. Solving the problem of lighting parking lots, entrance roadways and building facades has become easier by using one type of fixture for all areas. The Mongoose fixture provides lighting dist�buticins including forward throw, square symmetric, asymmetric, and wide and narrow floodlight patterns. The architectural styling provides an aesthetic aspect that easily blends Mth diverse designs and concepts. Installaton and maintenance are not issues with the fixture. Ore person can easily install the Mongoose fixture to a variety of pole styles. And lamp replacement is accomplished via a tool. less door entry. It is UL Listed for Suitable for Wet Locations. Why compromise when you can have it all in one fixture platform? IDO years of leading technology have been brought together to create the most versatile outdoor lighting product ever invented. The new mongoose series luminaires have been designed to overcome the diverse challenges of today's outdoor lighting. Maximum energy efficiency State of the art materials coupled with advanced optical designs ensure opbmal performance for any application, Large area lighting, forward throw, flood lighting, roadway, offset, sports, and even highmast lighting are optimized with Mongoose luminaires. Spacings of up to ten times the mounting height are possible with the advanced optical systems available. Optimal light control Segmented or parabolic hydroformed opbcal systems put the light where you want it. With the extensive optical choices available, spill light is eliminated and uniformity in the laroet area is maximized. Light the ground not the sky. If dark skies are a concern, the flat glass and clear drop glass options eliminate up -light while providing maximum spacings. Unparalleled versatility Four mounting arms, multiple mounting configurations, and field adjumbility between 0' and 45* give the designer ultimate application freedom. Use the architectural arm for multiple fixture applications and wall mounting. The horizontal arm allows retrofit to standard davit arms, and the vertical tenon arm provides unidirectional aiming of up to four fixtures for perimeter applications, Finally the trunion mount presents all the flexibility found in traditional floodlights, giving the designer the option of mounting up to twelve fixtures on a lowering device. A pioneering concept in maintenance One of the greatest problems facing maintenance personnel is dealing with all the replacement parts needed for the various lighting equipment used on outdoor projects. With the eight optical choices and four arms, the Mongoose can be used for any outdoor lighting application. However, when it comes to maintenance, all systems are interchangeable. All electrical components can be replaced in less than one minute without the use of tools. Style 21st century design allows big box performance in a compact design. Extensive research in the latest trends in industrial des;ign led to the rounded shapes. Revolutionary forward throw optics The unique design of the Mongoose forward throw reflector allows significantly enhanced performance over traditional des;igns. The vertical lamp orientation minimizes hot spots while allowing maximum spacing. A revolutionary stepped reflector virtually eliminates spill light behind the pole. Square area lighting optics A generous optical chamber in the Mongoose luminaire series permits the use of vertical lamp orientation, maximizing spacing with optimum uniformity, The unique square photometric pattern ensures light travels between poles reducing dark areas common to horizontal lamp units. MONGnOSEI ARCHITECTURAL U MONGOOS Mechanical Construction: The housing, door and fitter shall be die cast aluminum, They shall be pretreated with iron phosphate and finished with an electrostatically applied 2 to 4 mil coat of TGIC polyester powder paint cured at 425*F. The finish shall withstand a 160 inch - pound impact measured with a standard Gardner impact tester. It shall have passed a 1000 hour salt spray test as specified by ASTIVI B-117. It shall exhibit no cracking or loss of adhesion from a 180* bend over a 1/8" diameter mandrel per ASTIVI D522. All external hardware shall be corrosion resistant. Housing access shall not require tools, The fitter shall be built in and accommodate a standard 2 inch tenon or equivalent pole top. Units can be tilted from 3' to 21' or 28, to 45*. Electrical connection shall be inside the fitter assembly and not require fixture entry, A terminal block located inside the fitter shall be provided if specified. Quick Disconnect Electrical Assembly: The fixture door shall contain all ballast components and be hinged for fast, tool -free removal and replacement. Complete replacement shall take less than 60 seconds. Ballast: Copper wound, high power factor type as specified. Bailast shall reliably start the lamp in ambient tempera- tures to minus 40'F. The plug-in HPS starter shall be totally encapsulated with a material that electrically and thermally insulates all components from lamp and ballast heat. A I protected starter, if specified, shall socket shall be pulse rated, sense an inoperative lamp and shut nickel -plated and lamp grip down automatically to prevent porcelain enclosed. It shall continuous pulsing and thermal prevent undue lamp vibration damage to itself and the ballast and backout. secondary windings. Warranty: Optical and Socket Assembly: The electrical assembly shall be The reflector shall consist of high fully warranted for a period of 5 purity (#3002 alloy) aluminum of years and the housing for a minimum 0.08 " thick sheet. Flat lens period of 2 years from U -ie date shall be 1/8" fully tempered glass. of manufacture. Pressed prismatic or clear drop lens shall be manufaLzured of borosilicate glass. The reflector and lens o ' otical assembly shall be designed to provide the IES pattern specified. The V 7n __"z Mecharfical %aftm, Installation No mast arms Lower pole cost Easy to handle One person installation External wiring chamber Maintenance 60 second, single person electrical change out Quick disconnect ballast door assembly eliminates need to replace the entre fixture Less traffic disruption Increased maintenance crew safety. Superior optical performance is only half of the Mongoose story. At the heart of the Mongoose series is a dedication to reduction of long term maintenance costs. The first element of the lowest life cycle cost solution is the use of the highest grade components available, Holophanes copper wound ballasts use high grade electrical steel which means lower operating temperature and consequently longer component life. 90*C capacitors used in Mongoose have a rated life of 60,000 hours, almost two and a half times the life of the standard 100'C capacitors used in most roadway luminaires. AJI Holophane starters are encapsulated in a polyester resin which protects the electrical components from mechanical and thermal shock. The superior design and high grade components ensure that maintenance trips to the luminaire will be minimized, However, the attention to superior performance moves beyond component design. In the rare event that an electrical Component does fail, the entire electrical door can be replaced in under one minute without the need for tools. The Quick -Change electrical door allows the maintenance crew to replace only the failed components and not the entire fixture, consequently, saving time and saving money. An added benefit is that the doors on all Mongoose luminaires are interchangeable. This way the crew does not need to know what type of fixture in the field requires repair, Cutoff or prismatic, narrow or wide, offset or close -in can all be maintained by simply replacing the Quick -Change electrical door. C T ,MONGOOSL ARCHITE I URAL a a MONGOOSE' ARCHITECTURAL How to construct a catalog number for Mongoose' Architectural luminaire: EXAMPLE: MA —1 OOHP — 12 — FC —A — K — P 1 2 3 4 5 6 7 Catalog no. Description Luminaire type — MA Mongoose, Area Lighting Source and wattage — 15AHP 15OW/55 volt, HPS, mogul base — 250HP 250W HPS, mogul base — 400HP 40OW HPS, mooul base — 175MH 175W Metal l-ifide, mogul base — 25OMH 250W Metal halide, mogul base — 40OMH 400W Metal halide, mogul base — 4GCMH 40OW Metal halide, mogul base, compact lamp — 750MH 750W Metal halide, mogul base (Available through TSG wth SC optics using compact lamps) 3 Voltage 12 20 27 24 48 34 MT Vr 4 Optics 3F 3C FC' —FF* —SC* —SF*. —ND —WD 5 Mounting A H T V 6 Finish G K N W Z 7 Options 120 volt 208 volt 277 volt 240 volt 480 volt 347 volt Multi -voltage 120/208/2401277V Vari-tap 120/2771347V (Available in 250HP. 400HP, 40OMH only) Type 111, flat glass Type 111, dear drop glass Forward throw, dear drop glass Forward throw, flat glass Square distribution, dear drop glass Square distribution, flat glass Narrow flood Wide flood Architectural arm Horizontal arm Yoke mount (available through TSG) Vertical tenon Gray Black Green White Bronze — P Protected Starter (HPS only) — R NEMA twist -lock phctocontrol receptacle —6 Terminal block — W 6'pigtail D NEMA decal T Spade termination for ballast leads (available with MT and VT ballasts only) A 3" tenon adaptor (available with "V" mounting only) j�ccessories (ordered separately) — F1 Single fuse kit for 120, 240, 277 & 347V — F2 Double fuse kit for 208, 240& 480V — LAMP Ship appropriate lamp — BKT-5-G Galvanized wood pole bracket — BR -1091 3 " to 2' tenon adaptor 40OW MH, must use compact lamp *1 75W, 25OW MH and 40OW MH compact lamp only wk, W4 U t Flatglass 305mm (12') t�Q I- 932mm (36.7") Drop glass 384mm 41 gm rn Vertical Tenon (V) Architectural Arm (A). Horizontal Arm (H) Yoke Mount (T) Photom6trics Cat. No. MA400HPOOFF - 40OW Clear HPS 30' Mounting Height Test No. 51419 Cat. No. MA400HPDOSC -40OW Clear HPS 30'Mounting Height Test No. 51132 70 50 50 SL to log !0 00 I Cat. No. MA400HP003F - 40OW Clear HPS Cat. No. MA400HPOOWD - 40OW Clear HPS 30'Mounting Height Test No. 49396 30'Mounting Height Test No. 49257 7 1 6 1 S 5 4 3 2 .70 7 .60 6 .50. 5 .40 4 .30 3 .2 01 2 0 -S o 3 2 1 0 1 2 3 4 5 70 , .40 .30 .20 .10 Ratio = DiSta Acrossimot,inivig Height Ratio = Oistwce A�oss/lvlwnbng Height Cat. No. MA40CMHOOSF - 40OW Clear MH 30'Mounting Height Test No. 51055 50 $0 7 :2 6 5 4 3 2 0 Ion i Cat. No. MA40OMHOOSC - 4DOW Clear MH 30' Mounting Height Test No. 51031 r 7 5 0 4 3 2 Ratio = Dista -e AcrmVMo,.ihfing Height .70 .60 .502. S .40 Z 20, a .100 5 Cat. No. MA40CMHOOFF - 40OW Clear MH 30'Mounting Height Test No.51448 ON rm NIN Cat. No. MA400HPDOSC -40OW Clear HPS 30'Mounting Height Test No. 51132 70 50 50 SL to log !0 00 I Cat. No. MA400HP003F - 40OW Clear HPS Cat. No. MA400HPOOWD - 40OW Clear HPS 30'Mounting Height Test No. 49396 30'Mounting Height Test No. 49257 7 1 6 1 S 5 4 3 2 .70 7 .60 6 .50. 5 .40 4 .30 3 .2 01 2 0 -S o 3 2 1 0 1 2 3 4 5 70 , .40 .30 .20 .10 Ratio = DiSta Acrossimot,inivig Height Ratio = Oistwce A�oss/lvlwnbng Height Cat. No. MA40CMHOOSF - 40OW Clear MH 30'Mounting Height Test No. 51055 50 $0 7 :2 6 5 4 3 2 0 Ion i Cat. No. MA40OMHOOSC - 4DOW Clear MH 30' Mounting Height Test No. 51031 r 7 5 0 4 3 2 Ratio = Dista -e AcrmVMo,.ihfing Height .70 .60 .502. S .40 Z 20, a .100 5 Cat. No. MA40CMHOOFF - 40OW Clear MH 30'Mounting Height Test No.51448 Cat. No. MA40OMHO03F - 4DOW Clear MH 30' Mounting Height Test No.50276 7 a, 4 3 2 Ratio � D-tahGe Aaos-U—King Height .700 .60 S .50 40 74 309 e .20 ; Cat. No. MA40OMHOOWD - 40OW Clear MH 30'Mounting Height Test No. 50281 6 :E 4 < 3 2 ,2, Li,SW— Acrwi;/Motinfing Haight Ratio = DiSlarice A—ssvm-�rI'n-q Height .70 n 2 .60 .50 .40 .309 B .201 .ion I T MONGOOSE' ARCH I ECTURAL MEN W 1 01111111 Cat. No. MA40OMHO03F - 4DOW Clear MH 30' Mounting Height Test No.50276 7 a, 4 3 2 Ratio � D-tahGe Aaos-U—King Height .700 .60 S .50 40 74 309 e .20 ; Cat. No. MA40OMHOOWD - 40OW Clear MH 30'Mounting Height Test No. 50281 6 :E 4 < 3 2 ,2, Li,SW— Acrwi;/Motinfing Haight Ratio = DiSlarice A—ssvm-�rI'n-q Height .70 n 2 .60 .50 .40 .309 B .201 .ion I T MONGOOSE' ARCH I ECTURAL A HOLOPHANE LEADER IN LfGI-MNG SOLUTIONS Holophane A Division of National Service Industries, Inc. 214 Oakwood Ave., Newark. OH 43055 1 Holophane Canada, Inc. 9040 Leslie Street, Units 8 and 9, Richmond Hill. ON L4B 3M4 I Holophane Europe Limited, Bond Ave., Mifton Keynes MKI 1JG, England,/ Unique Lighting Solutions. 13/30 Heathcote Road, Moorebank, NSW 2170 Australiw Holophane, S.A. de CX Apartado Postal No. 986. Naucalpan de Juara 530DO Edo. de Mexico Contact your local Holophane sales representative for application assistance, and oDmputer-aided design and cost studies. For information on other Holopriane products and systems, ml; the inside Sales Service Department at 740-345-9e3l. In Canada call 905-707-5830 or fax 905- 707-5695. Limited Warranty and Limitation of Liability Refer to the Hobphane limited material warranty and limitatJon of liability on this product, which are published in the "Terms and Conditions" section of the current price schedule, and is available from our 1=1 Holophane sales representative. Visit our web site at www.hoiophane.com MR -0 04 A �'j NIETAL HALIDE Because NIH lamps erru'i light at many different wavelengths, they provide good color rendering They also provide better visibility of objects in �he off -axis (peripheral) regions of our vision. M Lume.n levels and spectral color, if maintained, allow the eye to see better in very dark - conditions. It is the edges of the lighted environment, where illuminance and luminance levels are very low, that the benefit from NTH becomes most apparent. This information is based on recent independent studies. MH lamps will dramatically shift in color duning their I ife. Group relarriping is important in order to maintain spectral output. The useful life of the. lamp will be when the color shifts, and not the rated lamp life. _>4Lower efficacy (lumens/watt) than BPS 82 lum/watt @ 250 waits ),Lamp life 7500 - 15,000 hours depending on wattage. MH lamps are sensitive to burning positions. C: Retrofitting of lamps into existing fixtures with a burning position other than specified can compromise lamp efficiency and produce a color shift. Lamp cost: $20 - $45.00 depending on wattage 0 M -e lamps are more expensive Lower warta. 100 watt = $45.00 MH lamps operate at higher pressures and temperatures than HPS. Therefore some retrofitting into existing fixtures can result in C, temperatures chat can affect color and shorten life of lamps and ballasts. Lamps are prone to non -passive failure - they explode. Existing fixtures may not be adequate to contain such an event. -ARestrike can be as Ion a as 15 minutes. 0 HIGH PRESSURE SODIUM Provide adequate color rendering and contrast recognition. No signif ., icant color shift Over life of lamp. 110 1 urn/w au @ 25 0 watts 24,000 hour lamp life. Burnin'-, position has no significant effect on lichi output. All lamps approximately $20.00. Will restiike in less than one minute. 100 *1\0 0 90 80 m70 HIGH PRESSURE SODIUM 0 20 40 PERCENT OF Hours 60 RATED 80 100 LIFE METAL HALIDE V Iffillm —90 > 80 770 601 1 1 1 --- I I 0 20 40 PERCENT OF Hours 60 80 100 RATED LIFE 27,500 r\j — 24,750 cyl z LAMP o hrs. 22,000 > 20,500 19,250 c K: 16,500 m Z 1 3,75C U) (A I l'ooc LAMP LUMEN DEPRECIATION (LLD) COMPARISON HIGH PRESSURE SODIUM—VS—METAL HALIDE 4,800 7,500 9,600 14,400 15,00U RATED LAMP LIFE, hrs. :oo M H Lo N 0 c; Lo 4,800 7,500 9,600 14,400 15,00U RATED LAMP LIFE, hrs. 24,000 Lamp Comparison Applications & Design Lamp Data ovwm Mercury L'ow Prossurg MeLal High Preewre lncand-sz rK Vaqw Scpdlurri Halide Sodium Efficiency Poor Fair Best Good Better 20 LPW 56 LPW 163 LPW 100 LPW 125 LPW M02n Life LOW High Medium High High 2K Hrs 24K Hrs I SK Hrs 20K Hrs 24K Hrs Lumen Maintenance High 97% Poor 570% High 100%(�S) Medium 80% High 900A Color Good Poor Good Poor Monochrome Exce0ent Acceptable System C.U_ Good Good FaIr Good Good Hot ReStart I nsWt 10 Minutes 1 Minute 15 Minutes 1 Minute Warm -Up Instant 10 Minutes 10 Minutes 10 Minutes 5 MinLAas Syslem Cost Lowest Medium High High High Typical Lamp Types 14000 -70 with Watts, Initial Lamp Lumens, Metal 250 20500 and Light Loss Factors 10,000 Halide 400 rnp .70 Raied ypo Wam L.mans L.LF. Alrarage L."a 35 2250 .61 16,000 50 4000 .81 24,000 70 6300 .81 24.000 High 100 3500 .81 24,000 Pressure 150 16000 .81 24,000 sodium 200 22000 .81 16,000 250 27500 .81 24,000 310 37000 .81 24,000 400 50000 -61 24,000 1000 1400600 .81 24,000 175 14000 -70 7,500 Metal 250 20500 .74 10,000 Halide 400 34000 .70 20.000 1000 110000 .72 12,000 1500 155000 .82 3,000 Recommended Minimum Mounting Heights for Various Lamps Hich Preswro 100 41 DO .76 24,000 Mercury 175 7900 .84 24,000 Vapor 250 12100 .78 24,000 400 21000 .80 24.000 1000 57500 .76 24,000 100 4400 .70 24,000 Mercury 175 8500 .50 24,000 Vapor 250 13000 .74 24,000 Deluxe 400 23000 .74 24,000 1 DOO (1300C .70 24,00o Recommended Minimum Mounting Heights for Various Lamps Hich Preswro Memry matal mods Wrilmum Mouffng SZdlum Lornp V*porLem; Larrip we�ghl (Ft) 50W 1 ODW 8.0 70W 12.0 1 0OW 175W 15.0 150W 175W 10.0 200W 40OW 20.0 250W 25.0 31 OW 4DOW 30.0 40OW 1 000W 35.0 1 0001W 1 000W 50.0 Maintenance Factors If malntalned footcandle level Is clasired. multiply the area coverage per"fixture Dy the maIntenance faclor. Maintenance factor Is determined by mull1plying the lamp lumen depreciation factor (LLD) by the luminalre dirt depreciation factor (LDD). The lamp lumen depreciation factor Is usually the mean lumen value of the lamp. The luminaire dirt depreciation factor range Is described in the illuminaUng EngineerIng Society Handbook- A .9 dirt factor is commonly used. Michael C Couii- Andrew J. MacAithur Robert T. Ruppe-- David R. Wendorf *A Lso licemed in Blinds **ALw licmsed in CaOanda March 20, 2002 City Council Members City of Otsego c/o Judy Hudson, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 COURI & MACARTHUR AHorneys at Law 705 CeNral Avenue Eayt PO Box 369 St. Michael, MN55376-0369 (763) 497-1930 (763) 497-2599 (TAX) couriandmacarthur(Eppobox. cvm RE: Proposed Reliant Energy Franchise Renewal Dear Council Members: Enclosed please find proposed Franchise Agreements for Reliant Energy. The proposed agreement is patterned after the model League of Cities Franchise. Two Agreements have been proposed, a longer Agreement and a shorter form.. The Reliant Energy Franchise is not up for another year or two but they wish to proceed to begin negotiation for a new franchise at this time. Myself and Mike Robertson met with representatives of Reliant and they asked whether or not the City would consider starting franchise negotiations early. We could not think of a reason why this would be detrimental to the City, as long they were willing to enter into an Agreement patterned after League of Cities models. As discussed in other Franchise issues recently in front of the City Council, the majority of issued contained in previous franchise agreements related to relocation of facilities, use of right of way, and right way restoration etc. Those issues are now addressed in the City's Right of Way ordinance which. was adopted in 1998, which I have enclosed with this letter. I have attached e-mailed versions that Reliant proposes as models. I have reviewed them and have no large problem with the general content. City staff is requesting Council authority to begin negotiations on a franchise renewal with Reliant Energy. A representative of Reliant Energy will be available at the Council meeting on Monday to make a presentation and answer any questions. Letter to Otsego City Council September 19, 2002 Page 2 It is my understanding that Reliant's goal is to complete a renewal of a franchise agreement by the end of this year. I will be available to answer questions from the Council regarding this matter at the City Council meeting on Monday evening. Very urs, ew J. cArth COZURI MLACARTHUR Encls. cc: Arnold Hendrickson, Reliant Energy ' I — 0 " 6 C 1Z 5 (1 r -J Model Ordinance LMC/SRA Gas Franchise Ordinance ORDINANCE NO. C3TY OF OTSEGO, WRIGHT COUNTY, MINNESOTA AN ORDINANCE GRANTING RELIANT ENERGY MINNEGASCO, A DIVISION OF RELIANT ENERGY RESOURCES CORPORATION, A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, NIANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC GROUND OF THE CITY OF OTSEGO, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. THE CTrY COUNCIL OF THE CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINMONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Otsego, County of Wright, State of Nfinnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, fighting, or other forms of energy, Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the NEnnesota Public Utilities Commission. Company. Reliant Energy Nfinnegasco, a Division of Reliant Energy Resources Corporation, its successors and assigns including all successors or assigns that own or operate any pan or parts of the Gas Facilities subject to this franchise. Gas Facilities. Gas transrn�ission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing gas energy for public or private use. AIS-187084vt SLI 160-46 4 Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to Reliant Energy Nfinnegasco, V.P., Regulatory & Supply Service, 800 LaSafle Avenue, Mnneapofis, MN 55402. Notice to the City shall be mailed to City of Otsego, 8899 Nashua Ave. NE, Otsego, NIN 55330-73 14 . Any party may change its respective address for the purpose of this Ordinance by written notice to the other parties. Public Way. Any street, alley or other public right-of-way within the City. Z� Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for use in common by the public. SEMON 2. ADOMON OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute and sell gas for public and private use witHn and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities 4 on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such reasonable regulations as may be imposed by the City pursuant to ordinance or permit requirements and to the fiirther provisions of this fi7anchise agreement. 2.2 Effective Date; Written Acceptance. This fi7anchise shall be in force and effect from and after its passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 60 days after the date the City Council adopts this Ordinance, or otherwise informs the City, at any time, that the Company does not accept this franchise, the City Council by resolution may revoke this franchise or seek its enforcement in a court of competent jurisdiction. 2.3. Service and Gas Rates. The service to be provided and the rates to be charged by Company for gas service in City are subject to the jurisdiction of the Conu-nission. 2.4. Publication Exnense. Company shall pay the expense of publication of this Ordinance. 2.5. Dispute . Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity. JMS- I 87084v I SLI160-46 5 2-6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this fi7anchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow the fi7anchise to expire. However, in no event shall this franchise continue for more than one year after expiration of the 20 -year term set forth in Section 2. 1. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and conven�ience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Pubfic Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance, location and relocation of Gas Facilities shall be subject to other reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this franchise. 3.2. Street Ovenings. . Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose wthout first having obtained a permit fi7om the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (1) an emergency exists requiring the inunediate repair of Gas Facilities and (�) Company gives telephone, email or sin�lar notice to the City before commencement of the emergency repair, if reasonably possible. Within two business days after conunencing the repair, Company shall apply for any required permits and pay any required fees. 3.3. Restoration. After undertaking any work requiring the opening of any Public Way, the Company shall restore the Public Way in accordance with Nfinnesota Rules, part 7819.1100 and applicable City ordinances consistent with law. Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration of the Public Ground at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.3. The Company shall also post a construction performance bond consistent with the provisions of Nfinnesota Rules parts 78 19.3000 and 78 19. 0 100, subpart 6. 3.4. Avoid Darnasm to Gas Facilities. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities fi-om damage that could be inflicted on the Facilities by persons, property, or the elements. The Company must take protective measures when the City INIS-IX7084vt SLI160-46 6 performs work near the Gas FacHities, if given reasonable notice by the City of such work prior to its commencement. 3.5. Notice of Improvements to Streets. The City will give Company reasonable written Notice of plans for improvements to Public Ways where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice will contain: (i) the nature and character of the improvements, (H) the Public Ways upon which the improvements are to be made, (�i) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one -Public Way is involved, the order in which the work is to proceed. The notice will be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities the Company deems necessary. 3.6 Mavyine Information. The Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules Parts 7819.4000 and 7819.4 100. SECTION 4. RELOCATIONS. 4.1. Relocation in Public Ways. The Company shall comply with Nfinnesota* Rules, part 78 19.3 100 and applicable City ordinances consistent with law. 4.2. Relocation in Public Grounds. City may require Company at Company's expense to relocate or remove its Gas Facilities fi7om Public Ground upon a finding by City that the Gas Faci.lities have become or wHI become a substantial impairment to the existing or proposed public use of the Public Ground. Relocation shall comply with applicable city ordinances consistent with law. 4.3. Proiects with Federal Fundin . Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46. SECTION 5. MENU*iMCATION. 5.1. Indemnity of City. Company shall indemni� and hold the City harmless fi-om any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. 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 City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. 5.2. Defense of City. In the event a suit is brought against the City under circumstances where th.is agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will JN(S- I 87084v I SLI160-46 7 thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent 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. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or lim�itations on liability under Nfinnesota Statutes, Chapter 466. SECTION 6. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. The City and the Company shall comply with Minnesota Rules, 7819.3200 and applicable ordinances consistent with law. SEC'TION 7. CMANGE IN FORM OF GOVERNNIENT. Any change in the form of government of the City shall not affect the va1idity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 8. FRANCHISE FEE. 8.1. Fonn. During the term of the franchise hereb granted, and 'In additi y ion to pen -nit fees being imposed or that the City has a right to impose, the City may charge the Company a franchise fee. The fee may be (1) a percentage of gross revenues received by the Company for its operations within the City, or (11) a flat fee per customer based on metered service to retail customers within the City or on some other similar basis, or (iH) a fee based on units of energy delivered to any class of reta customers within the corporate lim�its of the City. The method of imposing the franchise fee, the percentage of revenue rate, or the flat rate based on metered service may differ for each customer class or combine the methods described in (i) — (i�) above in assessing the fee. The City shall seek to use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. If the Company claims that the City required fee fon-nula is discrim�inatory or otherwise places the Company at a competitive disadvantage, the Company shall provide a formula that will produce a substantially similar fee amount to the City and reimburse the City's reasonable fees and costs in reviewing and implementing the formula. The City will attempt to acconunodate the Company but is under no franchise obligation to adopt the Company -proposed franchise fee formula and each review will not delay the Implementation of the City -imposed fee. 8.2. Sevarate Ordinance. The ftanchise fee shall be imposed by separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least thirty (30) days after written notice enclosing such proposed ordinance has been served upon the Company. The fee shall become effective ten (10) days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail. RvIS- 1 970X4v I SLI160-46 8 8.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfufly imposes a fee of the same or substanti"y similar amount on the sale of gas energy within the City by any other gas energy supplier, provided that, as to such supplier, the City has the authority or contractual right to require a fi7anchise fee or similar fee through a previously agreed upon franchise. 8.4. Collection of Fee., The franchise fee shall be payable not less than quarterly during complete Ming months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same notice requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legafly charge to its customers prior to payment to the City. Such fee is subject to subsequent reductions to account for uncoflectibles and customer refunds Incurred by the Company. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's deterrnination of the franchise fee payments. 8.5. Continuation of Franchise Fee. If this fi7anchise expires and the City and the Company are unable to agree upon terms of a new franchise, the fi7anchise fee, if any being imposed by the City at the time this franchise expires, wiU remain in effect until a new fi7anchise is agreed upon. SEMON 9. ABANDONED-FACILHUS. The Company shall comply with City ordinances, Minnesota Statutes, Section 216D.01 et jM. and Mnnesota Rules Part 7819.3300, as they may be amended from time to time. The Company shall maintain records describing the exact location of all abandoned and retired Facilities within the City, produce such records at the City's request and comply with the location requirements of Section 216D.04 with respect to all Facilities, including abandoned and retired Facilities. SECTION 10. PROVISIONS OF ORDINANCE. 10.1. Severabilitv. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part, and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10-2. Limitation on ADMicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. JMS-197084vi SLT160-46 9 SECTION 11. AMENDMEENT-PROCEDURE. Either party to this fiwchise agreement may at any time propose that the agreement be amended. This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 60 days after the effective date of the amendatory ordinance. Passed and approved: Mayor of the City of Otsego, Minnesota Attest: City Clerk, Otsego, Minnesota AM I 97084v I SU160-46 10 'f �o a T V&2t7,S I a A.) GAS ORDINANCE ORDINANCE NO. CITY OF OTSEGO, WRIGHT COUNTY, M1-4�,SOTA AN ORDINANCE GRANTING RELIANT ENERGY ME-4NEGASCO, A DIVISION OF RELIANT ENERGY RESOURCES CORPORATION, A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCEEISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF OTSEGO, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. THE CITY COUNCIL OF THE CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Otsego, County of Wright, State of Mnnesota. City Utflity System. Faci1ities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street fighting and traffic signals, but excluding facifities for providing heating, fighting, or other forms of energy. Commission. The NEnnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Util.ities Comrriission. Company. Reliant Energy Nfinnegasco, a division of Reliant Energy Resources Corporation, a Delaware corporation, its successors and assigns including a successors or assians that own or operate any part or parts of the Gas Facilities subject to this franchise. Gas Facdities. Gas transmission and distribution pipes, lines, ducts, fixtures, and a necessary equipment and appurtenances owned or operated by the Company for the purpose of providing gas energy for public or private use. Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forrns of gas energy. JNIS-178096vl2 SH155-77 Non-Betterinent CO3tS. Costs incurred by Company fi-om relocation, removal or rearrangement of Gas Facilities that do not result in an improvement to the Gas Facifities. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to Reliant Energy Mnnegasco, V.P., Regulatory & Supply Service, 800 LaSalle Avenue, Minneapolis, MN 55402-2006. Notice to the City shall be mailed to the City of Otsego, 8899 Nashua Ave NE, Otsego, MN 55330-7314. Any party may change its respective address for the purpose of this Ordinance by written notice to the other parties. Public Way. Public right-of-way within the City as defmed in Minn. Stat. § 237.162, subd. 3. Public Ground. Land owned or otherwise controlled by the City for park, open space or similar pubfic purpose, which is held for use in common by the pubfic. SECTION 2. ADOPTION OF FRANCHISE. 2.1. Grant of Franchise. City hereby grants Company, for a period of 20 years fi7om the date this Ordinance is passed and approved by the City, the fight to import, manufacture, distribute and sell gas for pubfic and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. This right includes the provision of Gas that is (i) manufactured by the Company or its affiliates and delivered by the Company, (ii) purchased and defivered by the Company or (iii) purchased from another source by the retail customer and delivered by the Company. For these purposes, Company may construct, operate, repair and maintain Gas Facifities 4 on, over, under and across the Pubfic Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such lawful regulations as may be adopted by separate ordinance and as currently exist under City Ordinance codified as Section ("Section "). The Company shall be notified 60 days in advance of proposed changes to Section . The City and Company shall negotiate in good faith to reach mutually acceptable changes. If the City and Company are unable to agree, disputes will be handled under the terms of Section 2.5 of this Ordinance. If a provision of Section conflicts with a provision on the same subject in this Ordinance, this Ordinance will control. 2.2. Effective Date; Written Acceptance. This ffanchise shall be in force and effect from and after its passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 90 Days after the date the City Council adopts this Ordinance, or otherwise places the City on written notice, at any time, that the Company does not accept all terrns of this fi-anchise, the City Council by resolution may either repeal this ordinance or seek its enforcement in a court of competent Jurisdiction. 2.3. Service and Gas Rates. The service to be provided and the rates to be charged by Company for gas service in City are subject to the jurisdiction of the Commission 2.4. Publication Expense. The expense of publication of this Ordinance shall be paid by Company. JMS-178096v12 SH155-77 2-5. Disvute Resolution. If either party asserts that the other party is in default in the performance of any obfigation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facihtate further discussion. The parties wiU equal-ly share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other refief permitted by law. 2-6. Continuation of Franchise., If the City and the Company are unable to agree on the terms of a new fiwchise by the time this franchise expires, this franchise Nkril-1 remain in effect untfl a new fiwchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow the fi-anchise to expire. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1. Location of Facilities. Subject to regulation under Section , Gas Facilities in the Public Way shafl be located, constructed, and maintained so as not to disrupt normal operation of any City Utflity System. Gas Faci.lities may be located on Public Grounds as determined by the City. 3.2. Restoration of Public Ways and Public Ground. Restoration of the Public Way shall be subject to Section . After completing work requiring the opening of Public Ground, the Company shall restore the Pubfic Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months thereafter. All work shafl be completed as promptly as weather permits. If Company shafl not promptly perform and complete the work, remove a dirt, rubbish, equipment and material, and put the Pubfic Ground in the said condition and after demand to Company to cure, City shall, after passage of a reasonable period of time following the demand, but not to exceed five days, have the fight to make the restoration of the Pubfic Ground at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section. 3.3. Waiver of Performance SecuHtv. The City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required under Section currently or in the future. The City reserves all other rights under Section to enforce Company performance requirements for work in the Public Way or Public Ground. 3.4. Avoid Damaze to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while perforrning any activity. 1.7 C� INIS-17909602 S H 15 5.77 SECTION 4. RELOCATIONS. 4.1. Relocation of Gas Facilities. Relocation of Gas Facilities in Public Ways shall be subject to Section - City may require Company at Company's expense to relocate or remove its Gas Facitities from Public Grounds upon a finding by City that the Gas Facilities have become or wifl become a substantial impairment to the existing or proposed pubfic use of the Grounds. Relocation Gas Facifities in Public Ground shafl comply with applicable City ordinances consistent with law. 4.2. Pro*ects with Federal Funding. Relocation, removal, or rearrangement of any Company Gas Facifities made necessary because of the extension into or through City of a federally - aided highway project shaU be governed by the provisions of Minnesota Statutes Section 161.46, as supplemented or amended. City shall not order Company to remove or relocate its Gas Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Govenunent or any agency thereof, unless agreement is made that the reasonable Non -Betterment Costs of such relocation and the loss and expense resulting therefrom will be paid to Company when available to the City. The City need not pay those portions of such for which reimbursement to it is not av"able. 4.3. No Waiver. The provisions of Section 4 apply only to Gas Facilities constructed in reliance on a permit or franchise from City and Company does not waive its rights under an easement or prescriptive right or State or County permit. SECTION 5. CHANGE IN FORM OF GOVERNNIIENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shafl, without the consent of Company, succeed to afl of the rights and obligations of the City provided in this Ordinance. SECTION 6. FRANCHISE FEE. 6.1. Reservation of Rights. The City reserves all rights under Minn. Stat. § 216B.36, to require a franchise fee at any time during the term of this franchise. If the City elects to require a franchise fee it shall notify Company and negotiate in good faith to reach a mutually acceptable fee agreement, which shall be set forth in a separate ordinance and not adopted until at least 60 days after Notice enclosing such proposed ordinance has been served upon the Company by certified mail. If the City and Company are unable to agree on a franchise fee or on any terms related thereto, each hereby consents to thejurisdiction of State District Court, Scott County, to construe their respective rights under the law, subject to all rights of appeal. AIS -17809602 SH155-77 SECTION 7. LE�HTATION ON APPLICABILITY: NO WAIVER. This Ordinance constitutes a franchise agreement between the City and its successors and the Company and its successors and permitted assigns, as the only parties. No provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agr eement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SEC'TION 9. ANHNDNHNT PROCEDURE. Either party to this fiwchise agreement may at any time propose that the agreement be amended. This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 60 days after the effective date of the amendatory ordinance. SECTION 9. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes and replaces previous franchises granted to the Company or its predecessors. Upon Company acceptance of this fi7anchise under Section 2.2, the previous fi-anchise shall terminate. Passed and approved: Attest: City Clerk, Otsego, Minnesota JMS-178096v12 SH 155-77 Mayor of the City of Otsego, Minnesota Adopted: 4/13/98 - CC City Of Otsego No. 98-2 County of Wright State of Nfinnesota ORDINANCE TO REGULATE THE PU13LIC RIGHT OF WAY IN THE PUBLIC INTEREST, AND TO PROVIDE FOR THE ISSUANCE AND ADIVIINISTRATION OF RIGHT-OF-WAY PERMITS THE COUNCrL OF OTSEGO ORDAINS: Riaht-of-Wa Management e� y IV Sec- 1.01. Findings and Purpose. The primary Objective of this ordinance is to protect the public's interest in its , t -O inds that regulation, maintenance and administra"'tion of Ways. The Otsego City Council f Ri gh f public Right -of -Ways, as set forth in the ordinance, is in the best interests of the health, safety and welfare ofotse,--O,s citizens. Specifically, the Council makes the following findings: I - Demands for usable space over. under and across public Right -of -Ways threaten to exceed the already limited space practically available in -existin" public Right -of. Ways. '0 2. 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 increasina costs to taxpayers. 3 )- Lengthy and uncoordinated construction, installation, repair or relocation of equipment or facilities within the public Right -of -Ways add to existing hazards and inconvenience for motorists and pedestrians. 4- Telecommunication companies and users are not paying there fair share of the costs to acquire. develop and maintain public Righ ., E -of -Ways. 5. Efficient management and regulation ofpublic Right -of -Ways 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 Right - of -Ways. The ordinance seeks. among other things, to accomplish the Following o bjectives: I - Eliminate hidden SUbsidlization of private companies by tax payers. 2. Protect the public health, safety, welfare and convenience. 3 3. Ensure the structural integrity and quality of streets. 4. Nfinimize detours and bottlenecks on public streets do to lengthy and uncoordinated construction activity within public Right -of -Ways. 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. Sec. 1.02. Definitions. The following definitions apply to the terms indicated below and found throughout this Ordinance. References hereafter to "Sections" are unless otherwise specified I references to sections .11 this Ordinance. Defined terms remain defined terms whether or not capitalized. (a) "Applicant" means any Person requesting permission to Excavate or Obstruct a Right -of -Way. (b) "City" means the City of Otsego, Minnesota. For purposes of section 1.28, City means its elected officials, officers, employees and agents. (c) "i'vIanagernent Costs" means 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 PerTnit 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 Perrnits. 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 2J7.162 or 2' )7.163 ) or any ordinance enacted' under those sections, or the City fees and costs related to appeals taken pursuant to Section 130 of this Ordinance. (d) "Degradation" ineans a decrease in the useful life of the Ri (Iht-of-Way caused 6Y excavation in or disturbance of the Pjght-of-Way resulting ia the K need to reconstruct such Right -of -Way earlier than would be required if the excavation did not occur. (e) "Degradation Cost" means the cost to 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 I to 13, set forth in proposed PUC rules parts 7819.9900 to 7819.9950. (f) "Degradation Fee" means 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 Costs. (g) "Department" means the Department of Public Works of the City. (h) "Director" ineans 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 -Ordinance . (i) "Delay Penalty" is the penalty imposed as a result of unreasonable delays in Right -of -Way construction. "Emeraency" means 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. (k) i "Equipment" means any tangible asset used to install, repair, or maintain Facilities in any Right -of -Way. (1) "Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of a Right -of -Way. (m) "Excavation Permit" means the permit which, pursuant to this Ordimuice. must be obtained before a Person may Excavate in a R.-glit-of- Way. Ali Excavatioa Permit allows the holder to Excavate that pan of the Right -of -Way described in such permit. (n) "Excavation Pennit Fee" means money paid to the City by an Applicant to cover- the costs as provided in Section i. I I. 3 (o) "Facility or Facilities" means any tangible asset in the Right -of -Way required to provide Utility Service. (P) "Inspector" means the City Engineer, or such other Person authorized by the City Council resolution to carry out inspections related to the provisions of this Ordinance. (q) "Local Representative" means 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 Ordinance. (r) "Obstruct" means 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. (s) "Obstruction Permit" means the permit which, pursuant to this Ordinance, 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 Riglit-of-Way by placing Equipment described therein on the Right -of -Way for die duration specified therein. (t) "Obstruction Permit Fee" means money paid to the City by a Permittee to cover costs as provided in Section 1. 11. (u) "Patch or Patching" means a method of pavement replacement that is temporary in nature. A Patch consists of (1) the compaction of the subbase and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimum of two feet beyond die 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. (v) "Permittee" means any Person to whom a permit to Excavate or Obstruct a Right -of -Way has been granted by the City under this Ordinance. (w) "Person" means 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 foretroing, or anv other legal entity. 4 W "Probation" means the status of a Person that has been found in noncompliance with the conditions of this Ordinance. (Y) "Probationary Period" means one year from the date that a Person has been notified in writing that they have been put on Probation. (z) "Registrant" means 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. (aa) "Construction Performance Bond" means 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. (bb) "Restore or Restoration" means the process by which a Right -of -Way is retuimed to the same condition and H6 expectancy that existed before excavation. (cc) "Restoration Cost" means the amount *of money paid.to the City by a Permittee to achieve the level of restoration according to plates I to 1-3 of PUC rules. (dd) "Right -of -Way" means 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 airwaves above a Right -of -Way with regard to cellular or other C51 nonwire telecommunications or broadcast service. (ee) "Kight-of-Way Permit" means either the Excavation Permit or the Obstruction Permit, or both, depending on the context, required by this Ordinance. M) "Service" or "Utility Service" includes but is not limited to (1) those services provided by a public utility as defined in Minn. Stat. § 216B.02, subds. 4 and 6; (2) telecommunications, pipeline, community antenna television, fire and alarm corrimunications, water, electricity, light, heat, cooling energry, oi- power services; the services provided by a corporation organized for the purposes set forth in Minn. Stat. § 300-03"(4) 5 the services provided by a district heating or cooling system; and (5) cable cornmunications systems as defined in Minn. Stat. Chap. 238; and a (6) Telecorrununication Right -of -Way User as defined in (kk). (9,g) "Supplementary Application" means 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. (hh) "Telecommunication Rights -of -Way User" means 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 teleconununication or other voice or data information. For purposes of this Ordinance, a cable communication system defined and regulated under Minn. Stat. Chap. 2381 and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minn. Stat. Sec. 21613.02, a municipality, a municipal gas or power agency organized under Minn. Stat. Chaps. 45" and 453A, or a cooperative electric association organized under Minn. Stat. Chap. 308A, are not Telecommunications Right -of -Way Users for purposes of this Ordinance. (ii) "Un ' usable Facilities" means Facilities in the Right -of -Way which have remained unused for one year and for which the Registrant is unable to provide proof that it has either a plan to begin using it within the next twelve ( 12) months or a potential purchaser or user of the Facilities. Sec. 1.03. Administration. The Director is the principal City officiaf responsible for the administration of the Rights -of -Way, f;tight-of-Way Permits, and the ordinances related thereto. The Director may delegate any or all of the duties hereunder. Sec. 1.04. 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 tile right-of-way, and to improve the process of performing construction work therein. The Director may determine tile size of such committee and shall appoint members from a list of registrants that have expressed a desire to assist the city. Sec. 1.05. Registration and Right -of -Way Occupancy. Subd. 1. RelaZYtratfon. Each Person who occupies, uses, or seeks to occupy or use, the Right -of -Way for pw-poses of placing, maintaining or repairing any rz Equipment or Facilities in the Right -of -Way, including Persons with installation and - maintenance responsibilities by lease, sublease or assignment, must register with the Director. Registration will consist of providing application information and paying a registration fee. Subd. 2. Req,&tratjj;n 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. Subd. 3. 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 sa6sfy any other requirements for planting or maintaining such boulevard plantings or gardens under this Ordinance. However, nothing herein relieves a Person from compliance with the provisions of the Minn. Stat. Chap. 216D, "One call" Law. Sec. 1.06. Registration Information. Subd. I. Inji)rmation Required The information provided to the Director at the time of registration shall include, but not be limited to: (a) Each Of the following, if applicable; Registrant's name, Gopher One - Call registration certificate number, address, e-mail address, telephone and facsimile numbers. (b) The naine, address and e-mail address, if applicable, and telephone and facsimile numbers of a Local Representative. The Local Representative or designee shall be available at all times. Cur -rent information regarding how to contact the Local Representadve in an Emergency shafl be provided at the time of registration. "7 (c) A certificate of insuranc%e or self-insurance: (1) Verifying that an insurance policy has been issued to the Rel2istrant bv an insurance company licensed to do business in t�e 7 State of Minnesota, or a form Of self insurance acceptable to the Director; (2) 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 Perrnittees, 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; (3) Naming the City as an additional insured as to whom the 0 coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; (4) Requiring that the Director be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage tenn, (5) 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 Ordinance. (d) The City may require a copy of the actual insurance policies. (e) If the Person is a corporation, a copy of the certificate required to be filed under Minn. Stat. § 300.06 as recorded and certified to by the Secretary of State. A copy of the Person's order granting a certificate of a . uthoriry 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. Subd. 2. lVotice 01'Chan-es. The Registrant shall keep all of the information listed above current at all times b providing to the Director information as to changes y within fifteen (15) days following the date on wilicil the Regi of any change. =istrant has knowledge 8 Sec. 1.07. Reporting Obligations. Subd. I. Operations. Each Registrant shall, at the time of registration and by December I 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: (a) 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"); and (b) To the extent known, the tentative locations and estimated begimmig and ending dates for all Projects contemplated for the five 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 I 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 1, each Registrant may change any Project in its list of Next -year Projects, and must nori� 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. Subd. 2. Additional Ne. -a -year Projects. Notwithstanding the foregoing, the Director will not deny an application for a Right -of -Way Permit fo"r 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. Sec. 1.08. Permit Requirement. Subd. I. Permit Required. Except as otherwise provided in this Code, no Person may Obstruct or Excavate any Right -of -Way without first having obtained th.- appropriate Right -of -Way Permit froin the Director to do so. (a) F—,ccavation 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 fi-ee 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. (b) 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. Subd. 2. Permit F—rTensions. No Person may Excavate or Obstruct the Right -of - Way beyond the date or dates specified in the permit unless such Person (i) makes a Supplementary Application for another Right -of -Way Permit before the expiration of die initial permit, and (ii) a new permit or permit extension is granted. Subd. 3. Delav Penalty. Notwithstanding subd. 2 of this section, the City shall establish and impose a Delay Penalty for unreasonable delays in R-ight-of-Way excavation, Obstruction, Patching, or Restoration. The Delay Penalty shall be established from time to time by City Council resolution. Subd. 4. Permit Diyph�y. Permits issued under this Ordinance shall be conspicuously displayed or odierwise available at all times at the indicated work site and shall be available for inspection by the Director. See. 1.09. Permit Applications. Application for a permit is inade 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 Ordinance; (b) Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed Facilities. 10 (c) Payment of money due the City for ( 1) Permit fees, estimated Restoration Costs and other Managment 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 account an amount equal to at least 110% 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 laraer Construction Performance Bond for the additional Facilities may be required. See. 1.10. Issuance of permit; conditions. Subd. 1. Permit Isvilance. If tile Applicant has satisfied die requirements of this Ordinance, the Director shall issue a permit. Subd- 2. 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 cur -rent use. Sec. 1.11. Permit Fees. Subd. 1. F—rcavation Permit Fee- The Excavation Permit Fee shall be established by the Director in an amount sufficient to recover the following costs: (a) tile City Management Costs; (b) Degradation Costs, if applicable. 11 Subd- 2. Obstrucfion permif Fee. The Obstruction Pen -nit Fee shall be established by the Director and shall be in an amount sufficient to recover the city Management Costs. Subd. 3. Payment of Permit F&ey. No Excavation Permit or Obstruction Penrit shall be issued without payment of Excavation or Obstruction Permit Fees. The City may allow Applicant to pay such fees within thirty (30) days of billing. Subd. 4. Non refundable. Permit fees that were paid for a permit that the Director has revoked for a breach as stated in Section 1.21 are not reftmdable. Sec. 1.12. Right -of -Way Patching and Restoration. Subd. 1. Timin.-. 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 1. 15. Subd. 2. Patch and Restoration. Pen-nittee shall Patch its own work. The City may choose either to have the Permittee restore the Right -of -Way or to Restore the Right -of -Way itself (a) G�y Restoration. If the City restores die 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 uinproper backfilling, the Per-mittee shall pay to the City, within thirty (30) days of billing, all costs associated with having to correct the defective work. (b) 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 u*i an amount determined by the City Engineer to be sufficient to cover die cost of Restoration. If, within thirty- six (36) months after completion of the Restoration of the Riaht-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. 12 Subd. 3. 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 maruier and extent of the Restoration, and may do so in written procedures of general application or on a case-by-case basis. The City Engineer in exercising this authority shall comply with PUC standards for Right -of -Way Restoration and shall ftirther be guided by the following considerations: (a)The number, size, depth and duration of the excavations, disruptions or damage to the Right -of -Way. (b) The traffic volume carried by the Right -of -Way; the character of the neighborhood surrounding the Right -of -Way; (c) The pre -excavation condition of the Right -of -Way; the remaining life expectancy of the Right -o f -Way affected by die excavation; (d) 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; and (e) The likelihood that the particular method of restoration wou Id be effective in slowing the depreciation of the Right -of -Way that would otherwise take place. Subd. 4. Guarantees. By choosing to Restore the Right -of -Way itself, the Per1r&tee guarantees its work and shall maintain it for thirty-six (3 ) 6) months following its completion. During this 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 die notice from the Director', "exclusive of weekends, legal holidays, periods during which work cannot be done because of circumstances beyond Permirtees reasonable control or days when work is prohibited as unseasonal or unreasonable under Section 1. 15. Subd. 5. Faijur(, to Resture. 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 require"'d by the City Engineer, th the City at its option may do such work. In that event die Permittee shall pay to e City, within thirty (30) days of billing, the cost of Restoring the Right-of-Way..If I 13 Permittee fails to pay as required, the City may exercise its rights under the Construction Performance Bond. Subd. 6. Degradation Cost in Lieu of Restoratiom 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. Sec. 1.13. Joint Applications. Subd. 1. Joint Application. Registrants may jointly apply for permits to Excavate or Obstruct the Right -of -Way at the same place and time. Subd. 2. With CitY Projects. Registrants whojoin in a scheduled Obstruction or excavation Performed by the City, whether or not it is a joint application by two or more Registrants or a single application, are not required to pay the Obstruction and Degradation portions of the permit fee. Subd. 3. Shared Fees. Registrants who apply for permits for the same Obstruction or excavati o n, 'which the City does not perform, may share in the payment of the Obstruction or Excavation Permit Fee. Reai ,istrants must agree among themselves as to the portion each will pay and indicate the same on their applications. Sec. 1.14. Supplementary Applications. Subd. L 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 detemiines that an area greater than that Specified in the permit must be Obstructed or Excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension. Subd. 2. Limitation on datay. 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 workina after the end date. If a Permittee does not finisli the work by the permit end"" date, it must apply for a new permit for the additional tiine 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. 14 Sec. 1.15. Other Obligations Subd. 1. Compliance With Other Laws. Obtaining a Right -of -Way Permit does not relieve Permittee of its duty to obtain all other necessary permits, licenses, 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 Minn. Stat. §§ 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 work done in the R�ight-of-Way pursuant to its permit regardless of who does the work. Subd. 2. 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. Subd. 3. Interference with Right -of -Way- A Permittee shall not so Obstruct a Right -of -Way that the natural fi-ee 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 permitarea, 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. See. 1.16. Denial of permit. The Director may deny a permit for failure to meet the requirements and conditions of this Ordinance or if the Director determines that the denial is necessary to protect the health, safely, and welfare or when necessary to protect the R�ight-of-Way ind its Current use. Sec. 1.17. 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 tile PUC or other applicable local requirements, in so far as they are not incollsistellt with the PUC Rules. Sec. 1.18. Inspection. Subd. I- lVotice V*Completion. Wlien the work under any permit hereunder is completed, tile Perinittee shall furnish a Completion Certificate in accordance PUC Rules. 15 Subd. 2. Site Inspection. Perinittee 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. Subd 3. Authority of Director. (a) At the time of inspection the Director may order the imrnediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public. (b) The Director may issue an order to the Permittee for any work which does not conform to the terTns 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 tirne, the Director may revoke the permit pursuant to Sec. 1.2 1. Sec. 1.19. Work Done Without a Permit. Subd. 1. Emergency Situations. Each Re istrant shall immediately notify the Director of any event regarding its Facilities which it considers to be an Emeraency. The Registrailt inay proceed to take whatever actions are necessary to respond to the Emergency. Within two 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 Ordinance for the actions it took in response to the Emergency. If the Direttor becomes aware of an Emergency regarding a Registrant's Facilities, the Director will attempt to contact the Lo'cal Representative of each Registrant affected, or potentially affected, by the Emergency. In any event, the Director may take whatever action it deems necessary to re'spond to the Emergency, die cost of which shall be bome by the Registrant whose Facilities occasioned the Emereencv. Subd. 2. Non-Emer,,,,ency Situations. Except in an Emergency, any Person who, without first having obtained the necessary permit, Obstruocts or Excavates a Right - of -Way must subsequently obtain a perinit, and as a penalty pay double the normal 16 fee for said permit, pay double all the other fees required by this Ordinance, deposit with the Director the fees necessary to correct any damage to the Right -of - Way and comply with all other requirements of this Ordinance. Sec. 1.20. 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 Z accurate information as soon as this information is known. See. 1.21. Revocation of Permits. Subd. 1. Substantial Breach. The City reserves its right, as provided herein, to revoke any Right -of -Way Permit, without a fee reftind, 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: (a) The violation of any inaterial provision of the Right -of -Way Permit, M An evasion or attempt to evade any material provision of the Right -of - Way Permit, or the perpetration or'attempt to perpetrate any fraud or deceit upon the City or its citizens; (c) Any mareiial misrepresentation of fact in the application for a Right -of - Way Permit; (d) 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 tile Permittee's control; or (e) The failure to COITeCt, in a timely manner, work that'does not conform to a condition indicated on an Order issued pursuant to Sec. 1. IS. Subd. 2. Written lVotice uf Breach. If the Director determines that the Permittee has committed 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 Pennittee to remedy such violation. The demand shail state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow tile Director, at his or her discretion, to place additional or revised conditions on tile permit to mitigate and remedy the breach. I 17 -1 Subd. 3. Reyponse 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 ediate 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. Subd. 4. Callsefor 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 full year, such as, but not limited to, working out of the allotted time period or working on Right -of -Way grossly outside of the permit authorization. Subd. 5. Automatic Revucation. 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 full year, except for Emergency repairs. g Subd. 6. Reimhursement uj*G�y Costs. If a permit is revoked, the Permittee shall also reimburse the City for the City's reasonable costs, including Restoration Costs and the costs of collection and reasonable attorneys'fees incurred in connection with such revocation. Sec. 1.22. Mapping Data. Subd. I. in/brmation Required. Each Registrant shall provide Mapping information required by the City in accordance with PUC Rules.' Subd. 2. Trade Secret Infi)rmation. At the request of any Registrant, any information requested by the City, which qualifies as a "trade -"s ec ret" under Minn. Stat. § 13.37 (b) sliall be treated as trade secret information as detailed therein. See. 1.23. Location of Facilities. Subd. 1. Underg groundln,. Unless otherwise permitted by an existing franchise or I "vfinnesota Stat. 2 16B.34, or unless exi*sting above -ground Facilities is repaired or I replaced, new construction and tli�- installation of li-ew Facilities and replacement is of old Facilities shall be done underground or contained within buildings or other structures in conformity with applicable codes. Subd. 2. Corridors. 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 cur -rent 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. 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 Facilities are located, move the Facilities to die assigned position within the Right -of -Way, unless this requirement is waived by the Director for good cause sohown, upon consideration of such factors as the remaining econom"ic life of the Facilities, public safety, customer Service needs and hardship to the Registrant. Subd. 3. Nuiyunce_- One year after the passage of this Ordinance, 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 useable condition. Subd. 4. Limitation oj'.Vpace. 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 accoiTunodate all exisfing and potential users of the Right -of -Way, but shall be guided primmily by considerations of the public interes ' t, 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. See. 1.24. Relocation of Facilities. A Registrant MLISt promptly and at its own expense, with due regard foi- seasonal Z z working conditions. Permanently remove and relocate its Facilities in the Ri�it-of- Way whenever the Director for good cause requests such removal and relocation, and shall restore the Right -of -Way to the same condition it was in prior to said z 19 removal or relocation. The Director may make such request to prevent interference by the Company's Equipment or Facilities with (i) a present or future City use of the Right -of -Way, (ii) a public improvement undertaken by the City, (iii) an economic development project in which the City has an interest or investment, (iv) when the public health, safety and welfare require it, or (v) when necessary to prevent interference with the safety and convenience of ordinary travel over the Right -of -Way. 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-governiriental entity unless and until the reasonable costs thereof are first paid to the Person therefor. Sec. 1.25. Pre -Excavation Facility and Facilities Location. In addition to complying with the requirements of Minn. Stat. §§ 216D.0 1-.09 ("One 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. Se -c'. 1.26. Damage to Other Facilities. 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. Each Registrailt 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. See. 1.27. Right-of-Wav Vacation. Subd. 1. Reservation oj*R�gft If the City vacates a Right -of -Way which cont4ins Z die Facilities of a Re,-,istrant, and if the vacation does not require the relocatiorl bf 20 Registrant's or Pennittee'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 die same. Subd. 2. Relocation of Facilities. If the vacation requires the relocation of Registrant's or Perniittee's Facilities, and (i) if the vacation proceedings are initiated by the Registrant or Permittee, the Registrant or Permittee must pay the relocation costs; or (ii) 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 (iii) 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. Sec. 1.28. Indemnification and Liability. By registering with die Director, or by accepting a permit under this Ordinance, a Registrant or Peimiittee agrees as follows: Subd. 1. Limitatij),, of Liahilio. By reason of the acceptance of a registration or tile grant of a Riglit-of-W,-Iy Permit, the City doe's not assume any liability (i) for injuries to Persons, dainage to property, or loss of Service claims by parties other than the Registrant or the City, or (ii) for claims or penalties of any sort resulting from the installation, presence, inaintenance, or operation of Facilities by Registrants or activities of Registrants. Subd. 2. Indemnifi-cation. 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. 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 peiformance 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 Re-istrant's or Pennittee's detennination. 21 Subd. 3. Defense. 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 PerTnittee is not prejudiced by the lack or delay of notice. 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. This part is not, as to third parties, a waiver of any defense, immunity, or damage limitation otherwise available to the City. In defending an action on belialf of the City, the Registrant or Pennittee is entitled to assert in an action every defense, immunity, or damage limitation that the City could assert in its own belialf, Sec. 1.29. Abandoned and Unusable Facilities. Subd. 1. Discontinued Operations. A Registrant who has determined to discontinue its operations in the City must either: (a) Provide information satisfactory to the Director that tile Registranes obligations for its Facilities in the Right -of -Way under this Ordinance have been lawfully assumed by another Registrant; or (b) Submit to the Director a proposal and insmurients for transferring ownership of its Facilities to the City. If a Registrant proceeds under this clause, the City may, at its option: ( 1) purchase the Facilities; or (2) require the Registrant, at its own expense, to remove it; z or (3) require the Registrant to post a bond in an amount sufficient to 0 reimburse the City for reasonably anticipated costs to be incurred in removing the Facilities. Subd- 2. Ahandoned Facilities. Facilities of a Registrant who fails to comply 0 with subd. I of this Section, and which, for two (2) years, remains unused shall be deemed to be abandoned. Abandoned Facilities are deemed to be a nuisance. T�e 22 M City may exercise any remedies or rights it has at law or in equity, including, but not lin-Lited to, (i) abating the nuisance (ii) taking possession of the Facilities and restoring it to a useable condition, or (iii) requiring removal of the Facilities by the Registrant, or the Registi-ant's successor in interest. Subd. 3. Remuvat Any Registrant who has unusable and abandoned Facilities in any Fight -of -Way shall rernove it from that Right -of -Way during the next scheduled excavation, unless this requirement is waived by the Director. Sec. 1.30. Appeal. a) A Right -of -Way User that: (1) has been denied registration; (2) has been denied a permit; (3) has had permit revoked; or (4) believes that the fees imposed are invalid, inay 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 writing and supported by wiitten Findings establisl-dng the reasonableness of the decision. 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- person arbitration panel made up of one arbitrator selected by the City, one arbitrator selected by the Right -of -Way User and one selected by the other two arbitrators. The costs and fees of single arbitrator shall be borne equally by the City and R�ight-ofWay User. In the event there is a third 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 arbitrator and of the arbitration. See. 1.31. Reservation of Regulatory and Police Powers. A Permittee's or Registrant's rights are subject to the regulatory alid police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. Sec. 1.32. Severability. 23 If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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 Ordinance or any portions of this Ordinance 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 terTninate 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 Ordinance precludes the City from requiring a franchise agreement with the Applicant, as allowed by law, in addition to requirements set forth herein. ADOPTED this 13TH day of April 1998 by die City Council of the City of Otsego. IN FAVOR: Larry Fournier, Mayor, Council Menbers Vern Heidner, Suzanne Ackerman, Virginia Wendel and Mark Berning OPPOSED: No One E I 4ai n e 6Beai �rrrtyy,C I e i - k CITY OF OTSEGO qarry 7ier, Mayor 24 City of Otsego State of Minnesota County of Wright SUMMARY OF ORDINANCE TO REGULATE THE PUBLIC RIGHT OF WAY IN THE PUBLIC INTEREST, AND TO PROVIDE FOR THE ISSUANCE AND ADMINISTRATION OF RIGHT-OF-WAY PERMITS The following is a suminary of Ordinance Number 98-2. City of Otsego, County of Wright, State of Minnesota. A complete copy of the ordinance is available for inspection at the Otsego City Hall during normal business hours. The purpose of this ordinance is to regulate, manage and control the use public Right -of -Ways witi'lin the City of Otsego, including the establishment of permit requirements and fees, location and relocation of equipment and facilities within public Right -of - Ways, the administration and maintenance of public Right -of -Ways and establishing penalties for ordinance violations . The primary objective of this ordinance is to protect the public's interest in its Right -of Ways. The Otsego City Council finds that regulation, maintenance and administration of public Right -of -Ways, as set forth in the ordinance, is in the best interests of the health, safety and welfare of Otsego's citizens. The ordinance specifically applies to and regulates those, such as utility and telecommunications companies, seeking to use or occupy a public Right -of -Way by placing or locating equipment of facilities, such as underground cable, in the public Right -of -Way. The ordinance requires those responsible for installation and maintenance of equipment and facilities with the public Right -of -Way to register with the City. This registration must occur prior to construction, installation, repair or relocation of equipment or facilities within a public Right -of Way. The ordinance requires registrants to provide and report certain specified information. The ordinance provides for obstruction and excavation permits and sets forth the conditions under which such permits are required. Also, the ordinance indicates circumstances under which permits will be issued and provides for possible permit extensions when necessary. The ordinance establishes permit fees. The ordinance requires that public Right -of -Ways be restored, at a Permittee's expense, after complete of work. The City is given the right to conduct restoration, should Permittee fail to do so, and to bill the Permittee for the costs associated therewith. The ordinance requires registrants to provide "mapping" data on equipment or facilities located within the public Right -of -Way. Mapping data is collected to allow the City to know where beneath a public Right -of -Way equipment and facilities are located. The City may specify "corridors" for future location of equipment of facilities. Finally, the ordinance specifies penalties for violations and provides limited liability and indemnity to the City. This ordinance summary is adopted this 13thOf �� 1998. In favor: Mayor Larry Fournier, Councilmembers, Vern Heidner, Suzame Ackerman#, Virginia Wendel and MArk Berning Opposed: No One City of Otsego Tirry �. �ier,Mayor Attest: Posted: 4/14/98 - of_seqo Pgsting Boards Published: 4/22/98 - Elk River tar NEws ITEM 9. 2. Be MEMO Date: September 19, 2002 To: Mayor & Council WWTP Operator Kurt Niedermeyer From: City Administrator Mike Robertson Re: Sludge Hauling Bids We received three bids for hauling sludge from the wastewater treatment plant and injecting it into a farm field. An estimated amount of 228,000 gallons needs to be hauled this fall. Hauling sludge will be a yearly occurrence in the future. We have not had to haul until now because we have plenty of storage capacity for sludge. Company Bid Price Total 'ft - 1. Five Star Pumping 0.029 $ 6,612.00 2. Sewerman 0.040 $ 9,120.00 3. Fergus Power Pump 0.045 $10,260.00 Kurt Niedermeyer is familiar with Five Star Pumping and recommends approval of their bid. sludge.wps Michael C Couri. Andrew J. MacArthur Robert T. Ruppe-- David R. Wendorf *A Lw Ucmsai in Rih,,jr "Alm hcaued m C-46,ma August 12, 2002 City Council Members City of Otsego c/o Judy Hudson, City Clerk 8899 Nashua Avenue NE Elk River, MN 55442 COUN & MACARTHUR Attorneys at Law 7195 Central Avenue East PO Box 369 St Michael, MN55376-0369 (763) 497-1930 (763) 497-2599 (TAX) couHan&nacarthurQpobox. com R -E: Action Necessary to Terminate EDAAC Dear Council Members: U ITEM 11.2 The EDAAC was established by the EDA. In the event that the City Council determines that the EDAAC should be terminated, the enabling resolution should be repealed by action of the EDA at a properly noticed EDA meeting. In the event that the EDA would like to establish a Special Projects Task Force that should be done by a resolution which would establish their authority, ability to seek staff assistance, and ability to spend EDA fimds, if any such authority is granted. Attached is a copy of EDA Resolution No. 93-54 establishing a mission statement and code of ethics for the EDAAC. If you have any further questions I will be available to discuss them at this evening's City Council meeting. Very �4",Crurs, ew J. IV cArth COUZJZ C COUIRUI CARTHUR Encl. 3/23/93 -RK RESOLUTION NO. C/ A RESOLUTION ESTABLISHING A MISSION STATEMENT, A DEFINITION OF RESPONSIBILITIES AND CODE OF ETHICS AND CONDUCT FOR THE OTSEGO ECONOMIC DEVELOPMENT AUTHORITY ADVISORY COMMITTEE WHEREAS, the Economic Development Authority of the City of Otsego has established an Economic Development Authority Advisory Committee (EDAAC); WHEREAS, the EDAAC is a group advisory to the Economic Development Authority (EDA) and shall carry out duties as requested by the EDA; WHEREAS, the mission of the EDAAC is to bring to the City a view from the community which recognizes that business retention and economic development are an element of the broader goal of quality community development; WHEREAS, the EDAAC needs to fully understand its ethical responsibilities, role and function and related conduct expectations. NOW, THEREFORE, BE IT RESOLVED by the Otsego Economic Development Authority that the following definition of responsibilities and code of ethics and conduct is established for the Otsego EDAAC. The EDAAC is in essence an advisory, study group, serving entirely at the will of the Economic Development Authority. Duties and functions of the EDAAC shall be directed by the EDA and may include the following: A. Acquainting themselves with the Comprehensive Plan. B. Initiate, coordinate, and promote industrial, commercial and residential dwelling developments within the City of Otsego. C. Establish procedures to encourage effective, orderly communication between all parties involved in the growth of Otsego. D. Initiate actions to determine Otsego's needs and to seek appropriate development to fill the need. E. Assist as a group as may be necessary in meetings with developers, builders, investors, financial institutions, government units to include City, County, State and Federal. F. Maintain an advisory position on financing available through governmental agencies for present and future development prospects. G. Meet as a group with new prospects to show promotional material, conduct tours of areas available for development, conduct tours of Otsego. H. Create and maintain an inventory of buildings and lots available for development. I. Focus on the development of available vacant land within the City in uses consistent with the Comprehensive Plan and sensitive to surrounding uses. J. Review and comment upon policy matters as requested by the EDA. This may involve occasional joint meetings with the Planning Commission and/or City Council. K. Review any changes to zoning regulations regarding industrial, commercial and residential areas and recommend specifications to the Planning Commission. L. Have the authority to contact staff specialists for assistance and advice on financing. M. Assist the' EDA in making an annual report to the City Council regarding achievements towards fulfillment of economic development programs. N. Develop and recommend methods to stimulate positive public interest and economic growth and development. 0. Develop and recommend feasible methods of financing and other measures of public input into the economic development process. 2. Completion of the aforementioned duties and functions requires the EDAAC to maintain an objective perspective and not become involved with a group or interest on any side of an issue. Additionally, specialized interests and shall not override a City-wide perspective nor unduly influence recommendations. 3. No member of the EDAAC shall participate in any case in which they have financial or personal interest in the property or action concerned ' or . will be directly affected by the decision, or have or believe they have any other conflict of 2 interest as defined by applicable law. As soon as any EDAAC member becomes aware of any potential conflict of interest in any case to come before the EDAAC, they shall notify the Chair or acting Chair of the particulars. Where the Chair finds that a conflict clearly exists, the Chair shall disqualify the EDAAC member from discussing and acting on the case and cause the secretary to enter the circumstances in the record and to make arrangements for such alternate services as are required. Where the Chair or acting Chair has reasonable doubt as to whether the facts and applicable law indicate a degree of conflict justifying disqualification or excuse from service, the Chair shall seek advice from the City Attorney. If the City Attorney advises that, under the circumstances reported and applicable law, a conflict appears to exist, the Chair shall proceed to disqualify or excuse as provided above. if the City Attorney advises that there is reasonable doubt, the Chair may (a) disqualify or excuse the person involved, or (b) call for a determination by the EDAAC at a public meeting. The record on any such determination by the EDAAC shall be full and complete and shall indicate the reasons supporting the EDAAC's decision. 4. All EDAAC member contacts with an applicant or any other interest involved in a request or issue shall be disclosed at a public meeting. 5. Failure of a member of the EDAAC to maintain objectivity, and/or avoid participating in a discussion and recommendation where there is a conflict of interest, is a factor to be considered by the Economic Development Authority in possible removal of the member. 6. Members of EDAAC may be discharged by the Economic Development Authority at any time and for any reason. ADOPTED by the Economic Development Authority of the City of Otsego, Wright County, Minnesota, this ??ND day of MA rch -0 1993. ATTEST: CITY OF OTSEGO ECONOMIC DEVELOPMENT AUTHORITY Larry FE4=fer, Pre-sident Cl - rault/N city Cl';�—rk 3