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11-12-02 CCw"'I" 1 mvv MV;)C11C ANUtHLIK R Bonestroo ir, Rosene Anderlik & Associates Engineers & ArchiteCts November 5, 2002 W 6516361311 11/06/02 11:24 (5 :01/03 NO:391 loneltroo, 209MRS, ^RdRrlfk and AlSoCidjam. Imc. Is, an Affirm",jue Acrlanj -d EMPIOY" Ownhid PrIntipall: arro G gariestroo. pE. . M4rvlvl L PF R Cnoi(' 1%, ITEM 4. L' 4rrry A. nuurcicjn, PJ:. 'J, , " . Senior COPHUIRAnti: Rot)@rt W guielle, pE jUseph F (l,rnf!r pE . S,,W M k borlm. CPA, Assoclale Principaiis: K*l1h A, Gn,don. PE, kobert r? ereffl-rie. PE Ricnaw w. rosLet PE - DdVld 0, LotictitA, iag, Mark A 11"n%Q11, P1 - Mlchscl T Rouirriann. pl�, - 1`1�rl K Flelt). PL P Anclrricl, . FE, - Mark R 04vld A. Goneirruu. M.&A. - Sidnily p. Wllllamsnn I.L. . I i Ralf i, F.E. Thomids IN Petei lon, pE, . 1111mot R. Mailaid, pE 1j. - Aqnr5 M rfirfl. M H A - A11,111 Rick i0midt, Ff, . Wriael Marflnez, P.E. lrnsrri [-� . 1. P11illIp (jrluel 111 Fli - Wnlfl I Edgerton. PF- RiLlOerl I Devery. P.E. � ThoMas A Syfkc, PE. a SlIvIcIL)r, ), johnion - bair A. t,�rovfl, PE. hurnai A Roij.inar, pE. Offic": St RAU1, Sr. Cl*Ud. RoCAest*r and WHIMAr, MN . Milw4ijkme Vill I Chotagn. 11 V1469118: WWW Done$ rroo.com City of Otsego 8899 Nashua Avenue NE Otsego MN 55330 Attn: Mike Rob"on, City Administrator Re: West Wastewater Treatment Plant Our File No. 503-01-104 Dear Mike: COPY This letter is a summary of the status, description, estimated costs, and schedule, of the West Otsego Wastewater Treatment Plant. This information is being presented herein as a preface to discussions about the project at the November 12, 2002 city council meeting. Project Status Th� Environmental Assessment Worksheat (EAW) for the project which is the major enviromnental review that identifies environmental issues that may preclude the issuance of an NPDES permit, came off of public notice last week. No significant comments were received by M?CA during the pubfic notice period. This mews that the issuance of an NPDES permit will most likely not encounter any resistance from either MPCA or other interested organizations. The application of the NPDES permit was submitted to MPCA earlier this year. Although the exact schedule for its issuance is difficult to predict, the best estimate is that MPCA will prepare a draft permit in the next three to four months, and that following a 30 -day public notice period the final permit will be issued in approximately April or May, 2003. It is important to note that MPCA wiU not allow construction for the project to begin until the final permit is issued. The construction schedule is addressed in the Schedule section of this letter. bUNLSTROO ROSENE ANDERLIK R 'S 6516361311 Description of Treatment Plant 11/06/02 11:24 (5 :02/03 NO:391 The West Otsego Treatment Plant will have an initial capacity of 600,000 gallons per day of average wastewater flow. This capacity will serve an equivalent residential population of 6,000 people (@ 100 gallons per capita per day, which is a typical wastewater flow). The plant will be expandable for greater capacity in the future. The plant will discharge treated effluent to Otsego Crack, which is class] ried by MPCA as a limited-resouTce water. This means that portions of the creek are intermittently dry, there is little or no recreational human contact with the CTeek, and that there is little or no aquatic life to protect. Based on this stream classification, effluent standards for the treatment plant were established. The standards are similar to those of the East Otsego plant which discharges to the Crow River, with the exception that there is no effluent limit for ammonia at the West plant. This is because there are no aquatic life concerns about toxicity or oxygen depiction in Otsego Creek. The treatment processes of the proposed plant are similar to those of the cast plant, with exception of the delction of a process for ammonia treatment. Waste biosolids are to be thickened and treated at the plant, and hauled for land disposal on agricultural sites Estimated Project Costs The estimated project costs are as follows: Item Cost Construction Cost S5,800,000 See Note I Engineering 694,800 See Note 2 Other Miscellaneous Costs 30,000 See Note 3 TOTAL CAPITAL COST $ 6,524,900 Notes: 1. Construction cost is an estimate to be revised afier plans and specifications are completed 2. Engineering costs are detailed in Bonestroo's agreementfor design services 3. Other miscellaneous costs are an estimate of "other" costs such as soil boringt and administrative costs. Project Schedule The estimated project schedule is as follows: Task or Milestone Start plans and speci fications Dtaft permit issued Estimated Date November 15, 2002 February 15, 2003 2 " "OF -11F- ANUCKLIF, K -19 6516361311 Final permit issued Complete plans and specifications Advertise for construction bids Receive MPCA approval of P&S Open bids Award construction contract Start construction Substantial completion Final completion 11/06/02 11:24 5 :03/03 NO:391 April 1, 2003 May 15, 2003 June 1, 2003 June 15, 2003 July 1, 2003 July 15, 2003 August 15, 2003 November 1, 2004 May 1, 2005 Note' Substantial completion is defined as start-up of treatmentprocesses. Final comPletion is the close-out of the construction contract. Thank you for this opportunity to sme the City of Otsego. Call me anytime with questions at (651) 604-4832. Sincerely, BONESTROO, ROSENE, ANDERLIK 4: ASSOCIATES, INC. Ted K. Field, P.E. Project Manager 3 CLAIMS LIST CITY COUNCIL MEETING NOVEMBER 12,2002 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 10-31-2002 $ 146,935.89 11-07-2002 $ 57,064.25 GRAND TOTAL $ 204,000.14 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 10/31/02 11:22 AM Page 1 *Check Summary Re_qister@) OCTOBER 2002 FILTER: None Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid ARLENE HOLEN UnPaid BOB'S SIGN COMPANY $5.29 UnPaid BOISE CASCADE OFFICE PRODUCTS $1,320.60 UnPaid BONESTROO ROSENE ANDERLIK $206.61 $14,767.13 UnPaid CITY OF MONTICELLO $2,870.00 UnPaid D&D DISTRIBUTING INC $118.98 UnPaid DRAKE CONSTRUCTION, INC. $1.000.00 UnPaid ECM PUBLISHERS INC $445.70 UnPaid GRANITE CITY LEASING INC $34.02 UnPaid ICMA RETIREMENT TRUST $422.31 UnPaid KNISLEY CONSTRUCTION INC $1,000.00 UnPaid KUSTOM SIGNALS INC $14,810.96 UnPaid LONG & SONS $1,388.65 UnPaid MINNESOTA HISTORICAL SOCIETY UnPaid PJ'S CUSTOM HOMES INC $20.00 UnPaid PUBLIC EMPLOYEES RETIREMENT FD $1,000.00 UnPaid RANDY'S SANITATION $1,421.93 UnPaid RMR SERVICES, INC $105.45 UnPaid STS CONSULTANT'S LTD $7,853.95 UnPa6d T.D. JUERGENS DVM $289.90 UnPaid TROPHIES PLUS $3,023.00 UnPaid W.B. MILLER INC $55.41 InPajd WRIGHT COUNTY HIGHWAY DEPT $94,577.50 ')aid WR.IGHT CTY HISTORICAL SOCIETY $188.50 $10.00 Total Checks $146,935.89 FILTER: None CITY OF OTSEGO 10/31/02 1122 AM Page 1 *Check Detail Reqister@ OCTOBER 2002 ChAA6 Invoice Comment 10100 BANKOFELKRIVER Unpaid ARLENE HOLEN E 101-45300-310 Miscellaneous $5.29- CASSETTE TAPES FOR HPC Total ARLENE HOLEN $5.29 d BOB'S SIGN COMPANY E 201-45000-203 Supplies - General $1,320.60 HAUNTED HOUSE SIGNS Total BOB'S SIGN COMPANY $1,320.60 Unpaid BOISE CASCADE OFFICE PRODUCTS E 101 -41400-201 Office Supplies $206.61 518258 OFFICE SUPPLIES Total BOISE CASCADE OFFICE PRODUCTS $206.61 BONESTROO ROSENE ANDERLIK . . .............. E 429-43256-302 Engineering Fees $13,096.83 92233 WW EAST PLANT E 430-43100-302 Engineering Fees $651.00 92234 WW WEST PLANT E 429-43256-302 Engineering Fees $1,019.30 92235 WW EAST PLANT Total BONESTROO ROSENE ANDERLIK $14,767.13 Unpaid CITY OF MONTICELLO E 213-42200-390 Contracted Services $2,870.00 7146 4TH QTR FIRE CONTRACT Total CITY OF MONTICELLO $2,870.00 D&D DISTRIBUTING INC E 101-43100-220 Repair/Maint Supply (GENERAL) $118.98 PICKUP PUMP Total D&D DISTRIBUTING INC $118.98 Unpaid DRAKE CONSTRUCTION, INC. E 702-41400-310 Miscellaneous $1,000.00 8323 PADRE CIR REFUND Total DRAKE CONSTRUCTION, INC. $1,000.00 Un ECM PUBLISHERS INC E 201-45000-350 Print/Binding (GENERAL) $126.50 136232 HAUNTED HOUSE E101-41400-350 PrinVBinding (GENERAL) $45.60 136385 PUBLIC HEARING E 101-41400-350 Print/Binding (GENERAL) $76.95 136386 PUBLIC HEARING E 101-41400-350 Print/Binding (GENERAL) $142.50 136387 ORDINANCE 2002-16 E101-41400-350 Print/Binding (GENERAL) $54.15136392 PUBLIC HEARING Total ECM PUBLISHERS INC $445.70 Unpaid GRANITE CITY LEASING INC E 101 -41400-413 Office Equipment Rental $34.0220 TOSHIBA FAX Total GRANITE CITY LEASING INC $34.02 ICMA RETIREMENT TRUST G 101-21705 Other Retirement $230.00 PPE 10/26 CK DTD 10/30 E 101-41400-121 PERA $192.31 PPE 10/26 CK DTD 10/30 Total ICMA RETIREMENT TRUST $42-2.31 Unpaid KNISLEY CONSTRUCTION INC E 702-41.400-310 Miscellaneous $1,000.00 8234 PARELL REFUND Total KNISLEY CONSTRUCTION INC $1,000.00 ,paid KUSTOM SIGNALS INC E101-43100-240 Small Tools and Minor Equip $14,810.96 139828 SPEED MONITOR Total KUSTOM SIGNALS INC $14,810.96 Unpaid LO4 E 101-41940-389 Cleaning Services $1,388.65 ADDT'L CLEANING/CARPETSMINC)OW CITY OF OTSEGO 10/31/02 11:22 AM Page 2 *Check Detail Re_qister@ OCTOBER 2002 C6,616,6" Comment Total LONG& SONS $1,388.65 Unpaid MINNESOTA HISTORICAL SOCIETY E 101-45300-355 Dues & Memberships $10.00 MEMBERSHIP Total WRIGHT CTY HISTORICAL SOCIETY $10.00 10100 BANKOIFELKRIVER $146,935.89 FILTER: None E101-45300-355 Dues& Memberships $20.00 MEMBERSHIP Total MINNESOTA HISTORICAL SOCIETY $20.00 npaid PJ'S CUSTOM HOMES INC E 702-41400-310 Miscellaneous $1.000.00 10125 JAMES REFUND Total PXS CUSTOM HOMES INC $1,000.00 Unpaid PUBLIC EMPLOYEES RETIREMENT 1FD G 101-21704 PERA $682.21 PPE 10/26 CK 10/30 E 101-41550-121 PERA $157.05 PPE 10/26 CK 10/30 E 101-43100-121 PERA $268.67 PPE 10/26 CK 10/30 E 101-41400-121 PERA $314.00 PPE 10/26 CK 10/30 Total PUBLIC EMPLOYEES RETlREMENTFD $1,421.93 paid RANDY'S SANITATION .... ........... E 101-43100-325 Garbage Service $43.29 PW GARBAGE/RECYCLING E101-41940-325 GarbageService $62.16 GARBAGE/RECYCLING Total RANDY'S SANITATION $105.45 Unpaid RMR SERVICES, INC E 601-49400-203 Supplies - General $7,853.95 2002-212 METERS Total RMR SERVICES, INC $7,853.95 U.- npaid STS CONSULTANT'S LTD E 423-43100-302 Engineering Fees $289.90 236749 QUADAY & 91ST Total STS CONSULTANT'S LTD $289.90 Unpaid T.D. JUERGENS DVM E 415-43251-500 Capital Outlay (GENERAL) $3,023.00 WWTP EASEMENT Total T.D. JUERGENS DVM $3,023.00 Un TROPHIES PLUS E 101-41400-310 Miscellaneous $55.41 SUPPLIES Total TROPHIES PLUS $55.41 paid W.B. MILLER INC E 434-43100-390 Contracted Services $94,577.50 PAY 1 85TH ST EXTENTION Total W.B. MILLER INC $94,577.50 'Unpaj WRIGHT COUNTY HIGHWAY DEPT E 101-43100-392 Culverts $188.50 3536 CULVERTS Total WRIGHT COUNTY HIGHWAY DEPT $188.50 Unpaid WRIGHT CTY HISTORICAL SOCIETY E 101-45300-355 Dues & Memberships $10.00 MEMBERSHIP Total WRIGHT CTY HISTORICAL SOCIETY $10.00 10100 BANKOIFELKRIVER $146,935.89 FILTER: None CITY OF OTSEGO 11/07/02 10:53 AM Page I *Check Summary ReqisterC NOVEMBER 2002 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid AMERICAN ENGINEERING TESTING $435.20 UnPaid BERLIN TIRE CENTER, INC $62.72 UnPaid BOISE CASCADE OFFICE PRODUCTS $208.32 UnPaid BREZE INDUSTRIES $104.52 UnPaid DAVID CHASE $30.00 UnPaid DSS TOTAL HOME CENTER $109.43 UnPaid DRAKE CONSTRUCTION, INC. $2,000.00 UnPaid ECM PUBLISHERS INC $126.00 UnPaid ELAINE NORIN $106.81 UnPajd FINKEN'S WATER CARE $117.12 UnPaid GREGORY& EDNA KNOLL $23,831.30 UnPaid HEARTHSTONE BUILDERS $1,000.00 UnPaid KNUTSON RICK $30.00 UnPaid LEAGUE OF MN CITIES INS TRUST $2,049.00 UnPaid LITTLE FALLS MACHINE $894.23 UnPaid LONG & SONS $657.31 UnPaid MONTICELLO ANIMAL CONTROL $96.00 UnPaid NAPA OF ELK RIVER INC $1,244.63 UnPaid PRINCIPAL FINANCIAL GROUP $528.83 UnPaid ST JOESPHS EQUIPMENT INC $17.72 UnPaid SUPERIOR LAWN &SNOW $2,840.89 UnPaid TOSHIBA AMERICA INFO SYS INC $211.83 Paid WRIGHT COUNTY AUDITOR -TREASURE $20,318.33 3aid XCELENERGY $44.06 Total Checks $57,064.25 FILTER: None UTY OF OTSEGO 11/07/02 10:54 AM Page 1 *Check Detail Reqister@ NOVEMBER 2002 Check Amt invoice Comment 10100 Unpaid AMERICAN ENGINEERING TESTING E 434-43100-302 Engineering Fees $435.20 20521 85TH ST EXTENSION Total AMERICAN ENGINEERING TESTING $435.20 Unpaid BERLIN TIRE CENTER, INC E101-43100-220 Repair/Maint Supply (GENERAL) $27.86 2790007729 2000 1H TRK E 101 -43100-220 Repair/Maint Supply (GENERAL) $34.86 2790008125 FLAT REPAIR 2000 IH TRK Total BERLIN TIRE CENTER, INC $62.72 Unpaid BOISE CASCADE OFFICE E101-41400-201 OfficeSupplies $212.48 858344 OFFICE SUPPLIES E 101-41400-201 Office Supplies ($13.23) 923571 CREDIT E101-41400-201 OfficeSupplies $9.07 923895 OFFICE SUPPLIES Total BOISE CASCADE OFFICE PRODUCTS $208.32 BREZE INDUSTRIES ......... . ....... E 101-43100-203 Supplies - General $104�52 13828 SUPPLIES Total BRIEZE INDUSTRIES $104.52 Unpaid DAVID CHASE E 101-43100-320 Telephone $30.00 NOV CELL PHONE Total DAVID CHASE $30.00 DJ'S TOTAL HOME CENTER E 101-43100-203 Supplies - General $21.02 606470 QUICKRETE CONCRETE E101-43100-203 Supplies -General $50-10 609193 MISC SUPPLIES E101-43100-203 Supplies -General $22.35 609576 MISC SUPPLIES E 101-43100-203 Supplies - General $15-96 613313 MISC SUPPLIES Total DJ'S TOTAL HOME CENTER $109.43 Unpaid DRAKE CONSTRUCTION, INC. E702-41400-310 Miscellaneous $1,000-00 15126 83RD ST LNDSCP E702-41400-310 Miscellaneous $1,000.00 15462 81ST CRT LNDSCP Total DRAKE CONSTRUCTION, INC. $2,000.00 Unpaid ECM PUBLISHERS INC . ......... .... .............. E 101- 41400-347 Newsletter $126.00 136590 OTSEGO VIEW Total ECM PUBLISHERS INC $126.00 Unpaid ELAINE NORIN E 101-45300-203 Supplies - General $26.82 PADDED MAILERS E 101-45300-203 Supplies - General $79-99 PHOTO PAGES Total ELAINE NORIN $106.81 Unpaid FINKEN'S WATER CARE E 101-41950-310 Miscellaneous $29.82 13620 90TH RENTAL HOUSE E101-41940-390 Contracted Services $51.90 CITY HALL E 101-43100-310 Miscellaneous $23.65 13474 95TH ST E 101-41950-310 Miscellaneous $11.75 SALT - HEAD START Total FINKEN'S WATER CARE $117.12 paid GREGORY & EDNA KNOLL E 413-43100-301 Legal Services - $23,831.30 ODEAN AVE SETTLEMENT Total GREGORY & EDNA KNOLL $23,831.30 z;_ aid HEARTHSTONE BUILDERS .. . .... E 702-41400-310 Miscellaneous $1,000.00 15501 79TH ST LNDSCP CITY OF OTSEGO 11 /07/02 10:54 AM Page 2 *Check Detail Reqister@ NOVEMBER 2002 Chff" Invoice Comment Total HEARTHSTONE BUILDERS $1,000.00 Unpaid KNUTSON RICK E 101-43100-320 Telephone $30.00 NOV CELL PHONE Total KNUTSON RICK $30.00 -OFMN C"'I-TIES I-N,S-T-R,,*,U,-ST--,-��,--�---,-�""",--,-,-,-,***"***"-,, ...... E 101-41400-204 Insurance $2,049.00 571 WORKCOMP Total LEAGUE OF MN CITIES INS TRUST $2,049.00 Unpaid LITTLE FALLS MACHINE E 101-43100-220 Repair/Maint Supply (GENERAL) $894.23 28952 81TRK Total LITTLE FALLS MACHINE $894.23 -&S-ONS E 101 -41940-389 Cleaning Services $440.12 OCT CLEANING E 101-41940-203 Supplies -General $37.80 C FOLDS E 101-41940-203 Supplies - General $82.85 HAND SOAP E 101-41940-203 Supplies - General $96.54 METER MIST Total LONG & SONS $657.31 Unpaid MONTICELLO ANIMAL CONTROL E 101-42710-390 Contracted Services $96.00 331 PICK UP 3 DOGS Total MONTICELLO ANIMAL CONTROL $96.00 NAPA OF ELK RIVER INC E 101-43100-220 Rqpajr/Majnt Supply (GENERAL) $856.05 67740 81TRK E 101-431OG-203 Supplies - General $46.85 955145 AIR HOSE E 101-43100-203 Supplies - General $58.98 955259 MISC SUPPLIES E 101-43100-220 Repair/Maint Supply (GENERAL) $2.12 955322 81TRK E 101-43100-203 Supplies - General $42.17 955641 MISC SUPPLIES E 101-43100-220 Repair/Maint Supply (GENERAL) $29.80 956587 92 FORD TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $16.92 956601 92 FORD TRK E 101-43100-203 Supplies - General $41.82 958219 MISC SUPPLIES E 101-43100-203 Supplies - General $9.36 958239 MISC SUPPLIES E 101-43100-203 Supplies - GeneraJ $79.90 958471 MISC SUPPLIES E 101-43100-220 Repair/Maint Supply (GENERAL) $13.78 959303 81 TRK E 101-43100-203 Supplies - General $23.43 961156 MISC SUPPLIES E 101-43100-203 Supplies - General $10.80 961172 MISC SUPPLIES E 101-43100-203 Supplies - General $12.65 961361 MISC SUPPLIES Total NAPA OF ELK RIVER INC $1,244.63 PRINCIPAL FINANCIAL GROUP E 101-41400-123 Health $265.37 ADMIN - NOV E 101-43100-123 Health $263.46 PW-NOV Total PRINCIPAL FINANCIAL GROUP $528.83 Unpaid ST JOESPHS EQUIPMENT INC E 101-43100-220 Repair/Maint Supply (GENERAL) $17.72 V106146 93 CASE TRACTOR Total ST JOESPHS EQUIPMENT INC $17.72 SUPERIOR LAWN & SNOW E 101-41950-310 Miscellaneous $236.00 213 OLD CITY HALL E 101-45200-390 Contracted Services $396.00 213 PRAIRIE PARK E 101-41940-390 Contracted Services $473.39 213 CITY HALLITAX E 101-45200-390 Contracted Services $387.00 213 VOLLEYBALL BALL FLDS E 601-49400-390 Contracted Services $31&00 213 PUMP HOUSE E 101-41940-390 Contracted Services $249.50 213 CITY HALL/FERTIL CITY OF OTSEGO 11/07/02 10�54 AM Page 3 *Check Detail Reqister@ NOVEMBER 2002 4L TER:None Check Arnt Invoice Comment E 101-45200-390 Contracted Services $225-00 213 SOCCER FILEDS E 101-45200-390 Contracted Services $200.00 213 NW BALL FIELDS E 601-49400-390 Contracted Services $150.00 213 WATER TOWER E 101-45200-390 Contracted Services $147.00 213 SWALE S WCOD E 601-49400-390 Contracted Services $10-00 213 CITYWELL E 101-41940-390 Contracted Services $49-00 213 OAKWOOD LOT Total SUPERIOR LAWN & SNOW $2,840.89 —TOSHI BA 'AM ER _1CA I NF -0 'SYS _IN-C E101-41400-413 Office Equipment Rental $211.83 34159031 COPIER Total TOSHIBA AMERICA INFO SYS INC $211.83 Unpaid WRIGHT COUNTY AUDITOR -TREASURE E 101-42100-390 Contracted Services . $20,318.33 11 NOV02PATROL Total WRIGHT COUNTY AUDITOR -TREASURE $20,318.33 Unpaid XCELENERGY E 101-43160-322 Utilities $44-06 086709125430 RIVERPPOINTEST LIGHTS Total XCEL ENERGY $44.06 10100 BANKOFELKRIVER $57,064.25 4L TER:None "ORTIAWRST ASSOCIATto CONSULTANTS" Not, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 6 November 2002 RE: Otsego - Fun City; PUD Amendment NAC FILE: 176.02 - 02.37 The Planning Commission held a public hearing on 4 November 2002 to consider the request to add a 504 square foot outdoor seating area and 220 square foot storage room to the existing Godfather's Pizza restaurant at CSAH 39 and CSAH 42. There were no comments from the applicant or from the public. The Planning Commission did not discuss any issues. After closing the public hearing, the Planning Commission voted 6-0 to recommend approval of the application subject to the conditions outlined below. The application will be considered by the City Council at their meeting on 12 November 2002. A. Motion to approve a PUD -CUP amendment for Godfather's Pizza, subject to the following conditions: The addition is constructed in conformance with the plans dated 2 October 2002. 2. The applicant provide documentation of the cross parking agreement with the adjacent Tom Thumb property. 3. Any exterior lighting must be installed a 90 degree cut-off and so directed not to impact the public right-of-way or adjacent residential properties. 4. Any grading and drainage issues are subject to review and approval of the City Engineer. r_ 1J. Comments of other City Sta"11. B. Motion to deny the request based on a finding that it is inconsistent with the Comprehensive Plan and Zoning Ordinance. C. Motion to table the request. pc. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner 2 CITY OF 0 T S E G 0 11-4-02 WRIGHT COUNTY, MINNESOTA PUD -CUP Amendment Findings of Fact & Decision Applicant's Name: Rudy Thibodeau (FUN CITYJ Request: Request to add a 504 square foot outdoor seating area and 220 square foot storage room to an existing restaurant at 9100 Park Avenue NE. (the "property"). City Council Meeting Date: 12 November 2002 Findings of Fact: Based upon review of the application, the recommendation of the Planning Commission and evidence received, the City Council of the City of Otsego now makes the following findings of fact - A. The legal description of the property is Section 15 Township 121 Range 023, Lots 3 and 4, Block 1, Mississippi Shores 6th Addition. B. The property lies within the Sanitary Sewer Service District as identified in the 1998 Comprehensive Plan Update. C. The property is guided for commercial development by . the 1998 Comprehensive Plan Update and is zoned B-3, General Business District. D. The property conforms to the minimum lot area and width requirements of the B-3 District. E. The Planning Commission and City Council must take into consideration possible adverse effects of the amended PUD -CUP, with judgement based upon the following factors, as outlined in Section 20-4-21 of the Zoning Ordinance. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment. The Comprehensive Plan designates the subject property for continued commercial use. This area of the community is anticipated develop as the primary commercial center or "downtown" In place expansion of the existing use is consistent with this vision. 2. The proposed use's compatibility with present and future land uses of the area. Comment. The proposed addition will be complementary to existing uses on site, and is in such a location so as not to impact surrounding properties. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment- The proposed use will conform to applicable performance standards of the Zoning Ordinance and PUD -CUP. 4. The proposed use's effect upon the area in which it is proposed. Comment. The proposed expansion will be expected to have a positive effect on the commercial area in which it is located. 5. The proposed use's impact upon property values of the area in which it is proposed. Comment- Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: Any traffic generated by the building addition can be accommodated by existing streets. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Comment: The proposed use is not anticipated to have a negative impact to the City's service capacity. F. The planning report dated 30 October 2002 prepared by Northwest Associated Consultants, Inc. is incorporated herein. H. The Otsego Planning Commission conducted a public hearing at their regular meeting on 4 November 2002 to consider the application, preceded by published and mailed notice. Upon review of the application and other evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 6-0 vote that the City Council approve the request. Decision: Based on theforegoing information and applicable plans and ordinances, the requested PUD -CUP amendment is hereby approved based on the most current plan and information received to date and subject to the following conditions: The addition is constructed in conformance with the plans dated 2 October 2002. 2. The applicant provide documentation of the cross parking agreementwith the adjacentTom Thumb property. 3. Any exterior lighting must be installed a 90 degree cut-off and so directed not to impact the public right-of-way or adjacent residential properties. 2 4. Any grading and drainage issues are subject to review and approval of the City Engineer. PASSED by the Otsego City Council this 12th day of November, 2000 Attest: CITY OF OTSEGO M - Larry Fournier, Mayor Elaine Beatty, Zoning Administrator/City Clerk "QIRT"Wt3T ASSOCIATI[lb I T E EM67.271 CONSULTANTS" lot, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952-595-9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM.- Daniel Licht DATE: 6 November 2002 RE: Otsego - Otsego Cemetery NAC FILE: 176.08 - 02.03 Please be advised th at the Planning Commission held a public hearing on 4 November 2002 to consider rezoning the Otsego Cemetery to an INS District and establishing it as a Heritage Preservation Site. There was no comment from the public and no presentation by the Otsego Heritage Preservation Commission. The Planning Commission did have questions regarding ownership of the Cemetery and the policies regarding sale of the lots. These are operational issues that are beyond the scope of the present application and more the jurisdiction of the City Council. The Planning Commission recommended approval of the rezoning and Heritage Preservation Site designation by 6-0 votes. The necessary actions for the City Council to consider are outlined below and findings supporting the Planning Commission recommendation are attached. Decision 1 - Zoning Map Amendment A. Motion to approve a Zoning Map amendment rezoning the Otsego Cemetery from a R-1 District to an INS District Designation based on a finding that the action is consistent with the Comprehensive Plan. B. Motion to deny the request based on a finding that the action is inconsistent with the Comprehensive Plan, C. Motion to table the request. Decision 2 - Heritage Preservation Site Designation A. Motion to approve designating the Otsego Cemetery as a Heritage Preservation Site based on a finding that the action is consistent with the Comprehensive Plan and criteria outlined in Section 20-96-5-C of the Zoning Ordinance. B. Motion to deny the request based on a finding that the action is inconsistent with the Comprehensive Plan. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner 0"A CITY OF 0 T S E G 0 WRIGHT COUNTY, MINNESOTA APPLICANT: City of Otsego - Heritage Preservation Commission. 11-4-02 FINDINGS & DECISION HERITAGE PRESERVATION STE APPLICATION: Request to designate the Otsego Cemetery as a Heritage Preservation Site subject to Chapter 96 of the Zoning Ordinance. CITY COUNCIL MEETING: 12 November 2002 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. B. C. D. E. The legal description of the property is attached as Exhibit A. The property is within the Rural Residential Preserve and is guided for institutional land use by the Otsego Comprehensive Plan, as amended. The property is zoned INS District, which allows for cemeteries as a conditional use. Designation of a Heritage Preservation Site is upon a determination that the site meets at least one of the following criteria from Section 20-96-6.0 of the Zoning Ordinance : It has character, interest or value as part of the development heritage or cultural characteristics of the City of Otsego, State of Minnesota or the United States. 2. Its location is the site of a significant historical event. 3. It has yielded, or is likely to yield, information important in pre -history or history. 4. It is associated with a person or persons who significantly contributed to the culture and development of the City. 5. It embodies distinctive characteristics of an architectural style, period, form or treatment. 6. It represents the work of an architectural design, detail, materials, or craftsmanship which represents a significant architectural innovation. 7. Its unique location or singular physical characteristics represents an established and familiar visual feature of a neighborhood, community or the City of Otsego. The planning report dated 30 October 2002 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Otsego Planning Commission conducted a public hearing at their meeting on 4 November2002 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 6-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for a Zoning Map amendment is hereby approved based on the most current plan and information received to date and the following findings: The Otsego Cemetery has character, interest or value as part of the development heritage or cultural characteristics of the City of Otsego, State of Minnesota or the United States, 2. The Otsego Cemetery has yielded, or is likely to yield, information important in history. 3. The Otsego Cemetery is associated with a person or persons who significantly contributed to the culture and development of the City. 4. The Otsego Cemetery has a unique location or singular physical characteristics represents an established and familiar visual feature of a neighborhood, community or the City of Otsego. PASSED by the Otsego City Council this 12th day of November, 2002. Attest: CITY OF OTSEGO M Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk 2 CITY OF 0 T S E G 0 11-4-02 FINDINGS & DECISION WRIGHT COUNTY, MINNESOTA ZONING MAP AMENDMENT APPLICANT: City of Otsego - Heritage Preservation Commission. APPLICATION: Request for Zoning Map amendment to rezone the Otsego Cemetery from a R-1 District to INS District designation. CITY COUNCIL MEETING: 12November2OO2 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The property is within the Rural Residential Preserve and is guided for institutional land use by the Otsego Comprehensive Plan, as amended. C. The property is zoned R-1 District where cemeteries are not an allowed use; The applicant is requesting a Zoning Map amendment to include the entire property within the INS District which allows for cemeteries as a conditional use. D-' The Planning Commission and City Council must take into consideration the possible effectsof the Zoning Map amendment with their judgement based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment. The Comprehensive Plan guides the subject site for public and semi- public use anticipating a continuation of the cemetery use. The INS District is specifically intended to provide for non-profit facilities devoted to serving the public, which would include cemeteries. 2. The proposed use's compatibility with present and future land uses of the area. Comment. The Otsego Cemetery has been long established and the change in zoning is not anticipated to effect compatibility with existing and planned rural residential uses surrounding the site. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: Cemeteries are allowed in the INS District as a conditional use per Seciton 20-90-6 of the Zoning Ordinance. The proposed use meets the requirements of this section except for setback requirements applicable to principal structures. As a pre- existing use, the setback issue would be considered a legal non -conforming condition. 4. The proposed use's effect upon the area in which it is proposed. Comment: The change in zoning is intended to facilitate continuation of the Cemetery use, provisions for historic preservation efforts. 5. The proposed use's impact upon property values of the area in which it is proposed. Comment.- Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The proposed zoning change is not anticipated to generate any additional traffic. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Comment- The proposed use is not anticipated to have a negative impact to the City's service capacity. E. The planning report dated 30 October 2002 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Otsego Planning Commission conducted a publichearing attheir meeting on 4 November2002 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 6-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for a Zoning Map amendment is hereby approved based on the most current plan and information received to date. 2 PASSED by the Otsego City Council this 12th day of November, 2002. Attest: CITY OF OTSEGO LM Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk 3 ORDINANCE NO.: CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR THE OTSEGO CEMETERY. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally described by Exhibit A (the "property"). Section 2. The property is hereby rezoned from an R-1, Residential Long Range Urban Service Area (River Frontage) District designation to an INS, Institutional District designation. Section 3. The Zoning Administrator is hereby directed to make appropriate changes to the official Zoning Map of the City of Otsego to reflect the change in*zoning classification set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 12th day of November, 2002. CITY OF OTSEGO M - Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk ITEM 8.1. MEMORANDUM TO: City of Otsego FROM: Bob Vose DATE: November 7, 2002 RE: WH Link Franchise This further supplements the Kennedy & Graven report dated August 21, 2002. The Council directed staff to prepare a franchise requiring WE Link to construct a system that serves the areas that Charter serves within seven (7) years, and thereafter meet the system extension requirement as Charter. This is to confirm the Council's rationale. In considering whether to grant franchises to Charter and WH Link, the Council acts in a quasi-judicial capacity and weighs the evidence submitted. Both parties were provided the opportunity to provide written comments or documentation addressing how the Minnesota cable "level playing field" requirement applies to VVH Link. VVH Link argued that a level playing field should not be applied to the service area issue due to its OVS status. Charter could have provided evidence showing what portion of the City its predecessor initially served and the period of time in which this construction was completed. However, Charter provided no written information concerning the issue. Charter's representative did claim at several Council meetings that Charter or its predecessor was required to extend the system based on a requirement contained in certain neighboring cities' cable franchises. Charter's line extension permit did not explicitly incorporate a system extension requirement. In addition, Charter's permit did not contain a description of the system proposed for construction, did not contain a map showing areas of the City where service was initially required, and did not require that "energized trunk cable must be extended substantially throughout the authorized area within one year" after permits were received. These requirements apply to "initial franchises" pursuant to Minn. Stat. § 238.084, Subd. 1(n), but are not required in extension permits pursuant to Minn. Stat. § 238.17. The Council granted VVH Link's franchise application but rejected its hn-dted service area proposal. The Council decided that to the extent Charter or its predecessor was subject to an "area served" requirement in the City, as evidenced by Charter's current system, the system was constructed over a period of years. In the absence of a factual record concerning system construction, the Council noted that cable service availability has gradually expanded in the 17 years since the line extension permit was granted to Charter's predecessor. This is supported by the fact that at least 500 new housing units were added in the City from 1990 to 2000, and housing development is increasing more rapidly. The Council rejected Charter's claim that WH Link should be required to immediately construct a system comparable to Charter's system. The Council also rejected WH Link's legal argument that the playing field should not be leveled at all because of its OVS status. The Council decided that it would be reasonable, fair and equitable to require WH Link to construct a system comparable to Charter's system within seven (7) years. CITY OF OTSEGO, MINNESOTA ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO WH LINK, LLC TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM AND PROVIDE CABLE SERVICE IN THE CITY OF OTSEGO, MINNESOTA. RECITALS I This Cable Franchise Ordinance ("Franchise") is made and entered into by and between the City of Otsego, a municipal corporation of the State of Minnesota ("City") and WH LINK, LLC, a Minnesota limited liability company ("Grantee"). 2 Pursuant to Ordinance No. _ ("Cable Ordinance"), the City is authorized to grant and issue a non-exclusive Franchise authorizing the Grantee to provide Cable Service and construct, operate, and maintain a System in the City. 3 The Grantee timely submitted a request for a Franchise. A- Upon evaluation of Grantee's technical, financial, legal qualifications, completion of Franchise negotiations, and as a result of a public hearing affording due notice and a reasonable opportunity to be heard, the City finds that it is in the best interests of the City and its residents to grant and issue a Franchise to Grantee. This Franchise is nonexclusive and complies with applicable laws and regulations. THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS: SECTION 1. GENERAL PROVISIONS Section 1.1 Deflnitions. Unless otherwise defined hqrein, the terms, phrases, and words contained in this Franchise have the meaning provided in the Cable Ordinance. Terms, phrases and words contained in this Franchise that are not defined here or in the Cable Ordinance will have their normal and customary meaning. a. "MPUC" means the Minnesota Public Utilities Commission, or its lawful successor. b. 'Telephone Exchange Service Are 'means the area within which the Grantee is offering telephone exchange service as defined in 47 U.S.C. § 153 (47). Section 1.2 Written Notice. All notices, reports, or der�ands required to be given in writing under this Franchise or the Cable Ordinance must be delivered personally to any officer of Grantee or the City Administrator or delivered by the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City of Otsego Attn: City Administrator City of Otsego 8899 Nashua Ave. NE Otsego, MN 55330-7314 If to Grantee: WH LINK, LLC Attn: President 9938 State Highway 55 N.W. P.O. Box 340 Annandale, MN 55302 Such addresses may be changed by either party upon notice to the other party given as provided in this Section. SECTION 2. GRANT OF FRANCHISE Section 2.1 Grant. a Grantee is authorized to deliver Cable Service and construct, operate and maintain a System in the Rights -of -Way in the City. The Grantee's System is an Open Video System. b This Franchise is granted pursuant to the Cable Ordinance. By accepting this Franchis * e, Grantee agrees to be bound by the terms of the Cable Ordinance. In the event of any conflict between the provisions of this Franchise and the Cable Ordinance, the provisions of this Franchise shall govern. The City shall, at all times, have the right to amend the Cable Ordinance to the extent permitted by applicable law. c Grantee acknowledges the right of City to issue this Franchise and agrees that this Franchise is in conformance with applicable laws and regulations. Grantee reserves all its rights under applicable laws. Section 2.2 Franchise Terin. This Franchise will be in effect for a period of fifteen (15) years from the date of acceptance by the Grantee, unless sooner renewed or revoked. Section 2.3 Service Area. a. Within one (1) year of acceptance of this Franchise, Grantee will extend energized System facilities (capable of offering Service) substantially throughout the area(s) identified on the map attached as Exhibit A. Grantee's System will pass all dwellings, homes and businesses within the areas identified in Exhibit A and Grantee will provide Drops and offer Cable Service during the same period of time. b. Within seven (7) years from acceptance of this Franchise, Grantee will extend its System and offer Cable Service to all dwellings, homes and businesses identified in Exhibit B. Within three (3) years, Grantee shall have extended energized System facilities and shall be offering Cable Service to at least 40% of the residential units in the area identified in Exhibit B. C. After completion of System construction and extension as provided in Section 2.3(b), Grantee shall continue System extension to all areas of the City that have a density of at least nine (9) residential units per one-quarter (1/4) cable mile of System, as measured from the nearest point on the System. Where the density of residential units is less than nine (9) units per one-quarter (1/4) mile, Grantee shall inform Persons requesting Service that such Service will be provided upon payment of a portion of the cost of System extension and Grantee shall provide a free written estimate of such cost within fifteen (15) days of the Service request. The charge for System extension for each Person requesting Service shall not exceed a pro rata share of the actual cost of extending the Service. d. At the City's request, Grantee will meet with the City to discuss the Grantee's progress in constructing and extending the System. Grantee shall annually file a report with the City detailing its compliance with the requirements of this Section 2.3. Such report shall include an "as built" map depicting the System and separately detailing the System extension which occurred in the preceding year. The requirements of this Section 2.3 may be waivedby the City upon the occurrence of unforeseen events or acts of God. Section 2.4 Provision of Telecommunications Services a. Grantee is a telecommunications carrier as defined in Minn. Stat. § 237.01, Subd. 6, and has been authorized by the MPUC to provide local facilities -based and interexchange (including resale) Telecommunications Services within the City. b. The construction and maintenance of Grantee's System and Grantee's use of Rights -of -Way shall be governed by the Cable Ordinance, this Franchise and applicable laws. C. The Grantee shall notify City if its MPUC authority to provide Telecommunications Services is revoked, relinquished, transferred or otherwise terminated. SECTION 3. SYSTEM Section 3.1 System Capacity. Grantee will construct and operate a System utilizing a fiber -to -the -curb distribution architecture designed to provide bi-directional digital transmission on an individual Subscriber basis. The System will provide bandwidth functionally equivalent to 750 MHz of capacity capable of delivering several hundred digital Channels. Grantee will actually offer at least 80 video programmed Channels throughout the term of this Franchise. A portion of the capacity may be reserved for competitive services such as digital programming, Internet Service or other Telecommunications Services. Grantee's System will have return capability. Section 3.2 Construction Deadline. Grantee must substantially complete the construction of its System within the service area identified in Section 2.3(a) within twelve (12) months after acceptance of this Franchise. This requirement may only be waived by City in writing, upon the occurrence of acts beyond the reasonable control of Grantee. Section 3.3 Pedestals. Pursuant to Section 5.3b of the Cable Ordinance, Grantee shall be permitted to install standard pedestals approximately 6"x6" and 3 feet tall without receiving prior approval from the City. Grantee shall receive City approval prior to installing USAM (universal service access multiplexer) cabinets which are approximately 3x4' and 5 feet tall. Section 3.4 EAS Requirements. - As of the Effective Date of this Franchise, the FCC does not require Open Video Systems to provide an emergency alert system (EAS) capability. Grantee will comply with any such requirement(s) when adopted and, as set forth in Section 6.9 of the Cable Ordinance, will use its best efforts to provide an EAS that is consistent with any regional EAS plan to the extent technically feasible. SECTION 4. COMMUNITY SERVICES Section 4.1 PEG Access Facilities. a. Access Channels. The Grantee must dedicate two (2) Channels for noncommercial public, education, and government access (hereinafter "PEG Access") programming. The PEG Access Channels must be cablecast on the Basic Cable Service tier. All Subscribers who receive Cable Services offered on the System must receive the PEG Access Channels at no additional charge. The PEG Access Channels must be activated upon Grantee's acceptance of this Franchise and thereafter maintained. The VHF spectrum must be used for the provision of at least one (1) of the PEG Access Channels. Nothing herein shall diminish the City's rights to secure additional channels pursuant to Minn. Stat. § 238.084, Subd. 3(a)(2), and applicable FCC regulations. b. Channel Usage. One specially designated PEG Access Channel must be available for noncommercial use by the general public, local education authorities i and local government on a first-come, first served, nondiscriminatory basis. During those hours that such PEG Access Channel is not being used by the general public, local educational authorities or local government, the Grantee may lease time to commercial or noncommercial users on a first-come, first-served, nondiscriminatory basis if the demand for that time arises. The Grantee may also use this PEG Access Channel for local origination during those hours when the channel is not otherwise in use. The second PEG Access Channel must be available for such noncommercial use as is determined solely by the City (hereinafter "City channen. The Grantee must ensure that the City channel is designed to be capable of cablecasting live programming originated at City Hall and such other public institutions as City may designate in writing, provided however, Grantee shall only be required to pay for the expense of the first one hundred and fifty (150) feet of new System construction and City shall pay any additional actual construction cost. Grantee must provide reasonable technical assistance in relation to the origination and delivery of access programming. City shall, at all times, provide Grantee with the same video programming provided to other Cable System operators in the City. C. Responsi ility for PEG, Access. The Grantee will have responsibility for PEG Access only as provided in this Section 4. 1. The City and Grantee may agree to the City's operation, administration, and management of PEG Access programming on the City channel and the specially designated PEG Access Channel. In such case, the City may designate responsibility for the City channel and/or specially designated PEG Access Channel to a City board, committee or a third party. d. PEG Access Facilities, Equipment and Pro 1. As an Open Video System operator, Grantee's PEG Access obligations under this Section 4.1 are subject to 47 C.F.R. § 76.1505. 2. Upon City's written request identifying the City's reasonable requests for PEG Access services, facilities and equipment, the Grantee shall initiate negotiations with the local Cable System operator and City concerning alternatives to meet the City's requests. The Grantee shall negotiate in good faith with the local Cable System operator and City. 3. The Grantee, local Cable System operator and City may negotiate mutually agreeable terms concerning in-kind contributions to permit the offering of PEG Access programming and services as requested. The Grantee, local Cable System operator and City shall negotiate the provision of adequate PEG Access Facilities of the following types: a) camera(s); b) appropriate camera mounting devices; c) audio/n-ticrophone feeds; d) such System equipment as may be necessary to provide live programming from City Hall. The Grantee, local Cable System operator and City shall further negotiate commitments to reasonably maintain and replace such equipment. 4. If the Grantee, local Cable System operator and City cannot agree concerning the provision of in-kind contributions as specified 0 in Section 4. 1 (d)(3) above within six (6) months from the City's written request, or such negotiations cease, the City may require the Grantee and local Cable System operator to make reasonable in-kind contributions to ensure the City's requests are met, or require reimbursement of the City's expenses associated with meeting such requests. Grantee and the local Cable System operator shall equitably contribute toward the costs of these in-kind contributions which may include the Access Fee set forth in Section 4. 1 (f) below. e. City Resolution of PEG Access Channel Disputes. 1. The Grantee and the local Cable System operator may mutually agree on how the PEG Access Channel connections will be completed taking into consideration the exact physical and technical circumstances of the Systems involved. The City will endeavor to require the local Cable System operator to permit the Grantee to connect with its PEG Access Channel feeds as provided in 47 C.F.R. § 76.1505(d)(3). 2. If the Grantee and local Cable System operator cannot agree on how to accomplish the connection necessary to share PEG Access Channel feeds within six (6) months from the City's written request, or such negotiations cease, the City may decide the matter and may require that the connection occur on government property or on a Right -of -Way. The costs of completing the connection to the Cable System operator's PEG Access -Channel feed shall be borne by the Grantee. f. Support for PEG Access Facilities. In addition to the requirements of Section 4. 1 (a) -(e) above, the City may upon ninety (90) days written notice require Grantee to collect an Access Fee solely to purchase additional PEG Access Facilities. The Access Fee must not exceed one dollar ($1.00) per Subscriber per month. Payments must made quarterly. All amounts paid shall be subject to audit and recomputation and City's acceptance shall not be an accord that the amount paid is correct. The City may adopt a Resolution modifying the Access Fee amount no more than once every twenty-four (24) months. The City must provide notice of any modification to Grantee on or before November 111, to be effective on January lst of the following year. Grantee may itemize any Access Fee on Subscriber's bills. Payment by Grantee must be separate from and in addition to any Fee. 9- Access Rules. The City may implement rules for use of the PEG Access Channels. Prior to the cablecast of any program on any PEG Access Channel established herein, any Person who requests access to the System to provide video programming must provide a written certification acceptable to City which releases, indemnifies, and holds harmless Grantee, City and their employees, offices, agents, and assigns from any liability, cost, damages and expenses, including reasonable expenses for legal fees, arising or connected in any way with said program. h. Charges for Use. Channel time and playback of prerecorded programming on the specially designated PEG Access Channel must be provided without charge. Personnel, equipment and production costs may be assessed for live studio presentations. Charges for production costs must be consistent with the goal of affording the public a low-cost means of television access. i. Parity of Obligations. In the event there is Competition in the City during the term of this Franchise, the City will impose equivalent PEG Access obligations on all franchised providers of Cable Service in the City and the Access Fee shall be identical for all providers. Section 4.2 Drops and Service to Public Buildings. a. To the extent located within or contiguous to Grantee's service area and upon written request, the Grantee must install one (1) Drop and one (1) outlet, and provide monthly Cable Service (excluding pay -per -channel or pay -per -program) without charge to City Hall, all public and state -accredited parochial primary and secondary schools, and such other public institutions as City may subsequently designate in writing. b. The Grantee must extend distribution cable up to one hundred and fifty (150) feet without cost in order to provide Service to institutions subsequently designated by the City. The City or institution may be required to pay the cost of any System extension in excess of one hundred fifty (150) feet. C. Grantee will have a reasonable time from City Council designation of additional institution(s) to complete construction of the Drop and outlet. Additional Drops and/or outlets at institutional locations must be provided by Grantee at the cost of Grantee's time and material. Alternatively, institutions may add outlets at their own expense. SECTION 5. ADMINISTRATION PROVISIONS Section 5.1 Fee. a. The Grantee must pay a Fee to the City in an annual amount equal to five percent (5%) of its Gross Revenues. The term"Gross Revenues" shall be defined consistent with 47 C.F.R. § 76.1511. b. The Grantee acknowledges that this Section 5 is the sole Fee obligation and that no other obligation, whether pursuant to this Franchise or the Cable Ordinance, is a "franchise fee" as defmed in 47 U.S.C. § 542. Section 5.2 Video Programming. The video programming which Grantee will initially provide pursuant to this Franchise is listed on Exhibit C attached hereto. Section 5.3 Rules of Grantee. The Grantee may promulgate such rules, terms and conditions governing the conduct of its business provided that such rules, terms and conditions must not be in conflict with the provisions of this Franchise,' the Cable Ordinance, or applicable laws or regulations. SECTION 6. INDEMNIFICATION, INSURANCE, BONDS AND SECURITY FUND Section 6.1 Indernnifleation. By acceptance of this Franchise, the Grantee agrees to indemnify, defend, and hold the City harmless in accordance with the Cable Ordinance. Section 6.2 Insurance. At the time of acceptance of this Franchise, the Grantee will file with the City a Certificate of Insurance in accordance with the Cable Ordinance. The Grantee must maintain such insurance for the entire term of this Franchise. Section 6.3 Construction Bond. a. During periods in which System construction rebuild, upgrade or line extension costs are exp6: cted to exceed Fifty Thousand Dollars ($50,000.00), Grantee shall provide a construction bond in the amount of Fifty Thousand Dollars ($50,000.00). b. Upon completion of inithd System construction within the' service area identified on the map attached as Exhibit A, the Grantee must provide written notice to City. Within thirty (30) days of receipt of notice of completion of said construction, City must give written notice to the Grantee indicating whether the construction is complete or specifying those items of construction which the City determines are not complete. The City may enforce the construction bond if such items of construction are not thereafter completed within sixty (60) days. Upon completion of construction or satisfaction of any items determined to be incomplete, the construction bond shall be returned to Grantee. C. In the event the City will make any claim against the construction bond, the City must comply with Section 14 of the Cable Ordinance governing enforcement of this Franchise. d. The City's rights pursuant to the construction bond are in addition to all other rights the City May have. Any action with respect to the construction bond does not constitute an exclusive remedy nor limit any other right. Section 6.4 Security Fund. a. The Grantee shall deliver to the City an irrevocable and unconditional Letter of Credit in form and substance acceptable to the City, or make a cash deposit in an interest bearing account at a mutually agreeable bank, in the amount of Five Thousand Dollars ($5,000). The Letter of Credit or deposit account must provide that funds will be paid to the City, upon written demand of the City authorized by the City Council, in an amount solely determined by the City in payment for liquidated damages pursuant to this Section. b. The City and Grantee agree that it may be difficult or impossible to accurately quantify actual damages or losses suffered by the City due to a violation or unsatisfied obligation under this Franchise, the Cable Ordinance, or applicable laws or regulations. Such violations or unsatisfied obligations may, however, be presumed to harm the City and the public's interest. Accordingly, the City and Grantee agree that the City, in its reasonable discretion, may charge to and collect from the Letter of Credit or deposit account liquidated damages in an amount of up to Two Hundred and Fifty Dollars ($250.00) per violation of any provision of this Franchise, the Cable Ordinance, or applicable laws or regulations. Each violation may be considered a separate violation for which separate liquidated damages can be imposed. C. In the event the City will make any claim against the security fund, the City must comply with Section 14 of the Cable Ordinance governing enforcement of this Franchise. d. The City's rights pursuant to the security fund are in addition to an other rights the City may have. Any action with respect to the construction bond does not constitute an exclusive remedy nor limit any other right. SECTION 7. MISCELLANEOUS REQUIREMENTS Section 7.1 Amendment of Franchise Ordinance. The Grantee and the City may agree, from time to time, to amend this Franchise. Nothing herein restricts the City's lawful exercise of its police powers, ordinance -making authority, and power of eminent domain. Section 7.2 Force Majeure. In the event Grantee's performance of this Franchise is prevented due to a cause beyond its reasonable control, such failure to perform must be excused for the period of such inability to perform provided Grantee has notified the City in writing within ten (10) days of its discovery of such cause preventing performance. Section 7.3 Severability. If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance is held, to any extent, invalid or unenforceable, the remainder and all the terms, provisions and conditions herein must, in all other respects, continue to be effective provided the loss of the invalid or unenforceable provisions do not substantially alter the agreement between the Parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the Franchise provision which had been held invalid or modified is no longer in conflict therewith, such Franchise provision will return to full, force and effect and thereafter be binding. Section 7.4 Nonenforcement by City. The Grantee is not relieved of its obligations to comply with this Franchise or the Cable Ordinance due to any failure or delay of the City to enforce prompt compliance. The City and Grantee may only waive its rights by expressly so stating in writing. Section 7.5 Rights Cumulative. AR of the City's and Grantee's rights and remedies pursuant to this Franchise are in addition to and not exclusive of any and aU other rights and remedies available to the City or Grantee. Section 7.6 Work Performed by Others. All obligations of this Franchise apply to any agent, subcontractor or other Person performing any work or services on behalf of the Grantee pursuant to this Franchise to the extent applicable, however, in no event will any such Person obtain any rights to maintain and operate a System or provide Cable Service. SECTION 8. ACCEPTANCE OF FRANCHISE Section 8.1 Publication and Effective'Date. This Franchise will, be effective on the date of acceptance by Grantee. As required by applicable law, this Franchise must be enacted and published as an ordinance. Section 8.2 Time for Acceptance. a. The Grantee must accept this Franchise within thirty (30) days of enactment by the City, unless the time for acceptance is extended by the City. Acceptance by the Grantee wiU be deemed the grant of this Franchise for all purposes. b. Upon acceptance of this Franchise, the Grantee and City wiR be bound by all the terms, conditions and obligations contained herein. Section 8.3 Manner for Acceptance. The Grantee must accept this Franchise in the following manner: a. The Franchise must be fully executed and acknowledged by Grantee and delivered to the City. b. The Grantee must also deliver any construction bond and insurance certificates required herein that have not previously been delivered, with its acceptance. Section 8.4 Failure to Accept. In the event the Grantee does not timely accept this Franchise in accordance with the requirements herein, this Franchise and all rights granted herein are null and void. Passed and adopted this - of 2002. CITY OF OTSEGO By: Its: By: Its: ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions. WH LINK, LLC Dated: By: Its: EXHIBIT A (Utitial Service Area Map) EXHIBIT B (7 Year Build -Out Map) EXHIBIT C (Channel Line Up) CITY OF OTSEGO RESOLUTION _. RESOLUTION CONDITIONALLY APPROVING THE FRANCHISE APPLICATION SUBMITTED BY WH LINK WHEREAS, the City of Otsego ("City") is a municipal corporation organized under the laws of Minnesota; WHEREAS, the predecessor to Charter Communications Holding Co., LLC ("Charter") was issued a "line extension permit" authorizing the delivery of cable service in the City; WHEREAS, Charter's predecessor requested that the City renew the line extension permit which expires on or about December 31, 2002, and; WHEREAS, the City subsequently received an inquiry from WH LINK, LLC ("WH LiW') concerning grant of a cable franchise authorizing the delivery of competitive cable services in the City; WHEREAS, in response to these requests, the City initiated the cable franchising process mandated by Minnesota Statutes, Chapter 238, provided notice of its intent to consider issuance of franchises, received cable franchise applications from Charter and WH Link, held a public hearing concerning the applications on May 13, 2002, permitted submission of additional writien comments, received timely written comments from WH Link and no comments from Charter, and considered the applications at several separate Council meetings and a worksession; WHEREAS, the City Council received and considered a report from its special cable counsel dated August'21, 2002 concerning the applications; WHEREAS, on October 14, 2002, the City adopted a cable regulatory ordinance setting forth certain requirements generally applicable to all providers of cable service operating in the City; WHEREAS, the City may require adequate assurance that the applicants have the fmancial, technical, or legal qualifications to provide cable service, may consider whether the applicants' proposals for providing cable service are reasonable and in the public's interest, and may require each successful applicant to accept a franchise containing reasonable terms and conditions; WHEREAS, the City has reviewed and considered the franchise applications, including the proposals for providing cable service in the City, and proposed franchise ordinances authorizing the delivery of cable service in the City; WHEREAS, WH Link is a competitive local exchange carrier ("CLEC") duly certified by the Minnesota Public Utilities Commission ("MPUC") and an open video system ("OVS") operator duly certified by the Federal Communications Commission ("FCC"); WHEREAS, WH Link's CLEC certification authorizes the company to construct and operate a telephone system and/or resell the incumbent telephone company's services in a service territory that includes all of the City, subject to the City's right-of-way requirements; WHEREAS, WH Link's OVS, certification authorizes the company to provide cable services in its 'telephone service area" defined as 'the area within which such [local exchange] carrier is offering telephone exchange service" pursuant to 47 U.S.C. § 573(d), subject to the City's right-of-way requirements; WHEREAS, WH Link has asserted that its OVS certification, and associated federal laws governing OVS, preempt and supercede certain state and local requirements governing cable television systems and service; WHEREAS, WH Link has specifically asserted that it is not subject to Minnesota Statutes, Section 238.08(l)(b), which provides: No municipality shall grant an additional franchise for cable service for an area included in an existing franchise on terms and conditions more favorable or less burdensome than those in the existing franchise pertaining to: (1) the area served; (2) public educational, or governmental access requirements; or (3) franchise fees; WHEREAS, WH Link's cable franchise application and service proposal contemplates the operation of a system and provision of cable services to certain selected subdivisions of the City; WHEREAS, WH Link's cable franchise application and service proposal further contemplate the subsequent extension of the system and cable services to the extent WH Link elects to extend its telephone facilities, or is required to extend such facilities by the MPUC as a function of its CLEC certification; WHEREAS, the City's legal counsel requested by letter dated May 17, 2002, that VVH Link further explain its proposed service area and system extension proposal; WHEREAS, WH Link responded, among other things, that it was requesting a cable franchise that effectively adopts any system extension and service area requirements imposed by the MPUC as a condition of its CLEC certification, rather than independent cable service area requirements; WHEREAS, WH Link has advised the City that it will only accept a franchise containing terms and conditions reflecting its application and service proposal, and will treat issuance of a franchise on any other terms and conditions as an effective denial of its application; WHEREAS, Charter claims that the City may not issue a franchise based on WH Link's proposal because Charter and its predecessor constructed a system serving the entire City where there is a dwelling density of at least 9 homes per 1/4cable mile; WHEREAS, the City's line extension permit adopts by reference terms and conditions contained in cable franchises issued by municipalities neighboring the City, and such franchises require the extension of a system and service based on the above - referenced dwelling density standard; WHEREAS, Charter's application contemplates the City's issuance of a franchise expressly requiring the extension of a system and service based on the above -referenced dwelling density standard; WHEREAS, the report issued by the City's legal counsel, incorporated herein by reference, concludes that WH Link's OVS certification does not exempt the company from Minnesota's cable statutes, including particularly Section 238.08(l)(b); WHEREAS, the report further concludes that the Council has discretion in determining whether WE Link's proposal is "more favorable or less burdensome" than any current system extension/service area requirements applicable to Charter, and that the Council should determine whether Charter is subject to the above -referenced dwelling density standard; WHEREAS, federal and state laws and regulations encourage competition in the provision of telecommunications and cable service and the City may not unreasonably refuse to award an additional competitive franchise; NOW, THEREFORE, BE IT RESOLVED THAT, WH Link possesses the requisite legal, technical and financial qualifications to provide cable television services in the City. BE IT RESOLVED FURTHER THAT, for the reasons stated in the report of the City's legal counsel, WH Link is fully subject to Minnesota's cable laws. BE IT RESOLVED FURTHER THAT, to the extent Charter is subject to an "area served" requirement as contemplated by Minnesota Statutes, Section 238.08(l)(b), as evidenced by Charter's current system construction and Charter's proposal for a franchise expressly requiring system extension and service based on the above -referenced dwelling density standard, Charter or its predecessor actually completed such system construction over a period of several years; BE IT RESOLVED FURTHER THAT, the service proposal in WH Link's franchise application contemplates a system extension and service area requirement that will ensure the availability of competitive cable service to only a relatively small portion of the City, and will not ensure the availability of competitive cable services throughout the City based on the above -referenced dwelling density standard applicable to Charter over a reasonable period of time; BE IT RESOLVED FURTHER THAT, the service proposal in WH Link's franchise application is more favorable and less burdensome than the requirement that has been applied to Charter and therefore fails to comply with Minnesota's cable laws, including Minnesota Statutes, Section 238.08(l)(b); BE IT RESOLVED FURTHER THAT, WH Link's application is conditionally approved subject to the following conditions: WH Link must promptly accept and execute the cable franchise ordinance offered by the City; 2. WH Link must construct and operate a system, provide services to residents, and provide other consideration to the City in accordance with the franchise and franchise application, which shall be incorporated into any franchise issued by the City, except that WH Link shall extend its system and service to those areas currently served by Charter within seven (7) years, and thereafter throughout the entire corporate boundaries of the City where there is a dwelling density of at least 9 homes per 1/4cable mile within seven (7) yeafs. 3. In the event WH Link fails to timely accept and execute the cable franchise ordinance offered by the City, WH Link's application shall be denied. BE IT RESOLVED FURTHER THAT, this Resolution'shall be effective immediately. Approved this - day of October, 2002 by the City Council of Otsego, Minnesota. al -I Its: ATTEST: LE Its: This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the Ttv e.'� ITEM 9.2. A. 'j L SE N 10 R? -- 5 4"' L c 7 TH PV--- P,jk,4 ELK R V=R. -76 11 . 0- -3-262-3444- 1 -7' 3-26 STATE LICE -NSE #Z'237:7- i"IPCA L T - �'J�j,3E 4 MPCt-i LICENSE #5364 DATE: October 3! 2002 TO: City of Otsego Nashua NE Otse.go, rlz-nnizesota 5�53-3Z, 76 -1 - 4 4- 1 - 4 44 14 jDG NUMBER: 3Z4 INVOICE NUMBER: 4143 TE R�-IS. NET DUE 10, DAYS FROM DATE OF BiLLING. AF- 11 , iEP* 20 DAYS. FROM ABOVE DATE -ADD 1.5% PER mONTH TLs UNPAID BPLANCE. FAILURE TO PAY INVOICE IN r -EQ) DAYS BILL WILL BE SUBMITTED FOR COLLECT10N. ANY COSTS INCURRED WILL BE ADDED TO BILL, rlesc'y-iPtlon of Wotk Performed or Materials orovide.dz ------------------------------------------------------------ in-stallation of new septic tanks, new line fr-cm tjous& to t-anks, and a new mound system bed area based on the design of Hal stad Contract inq dat"ed SEept emDer- I I Ck)02. This was i7istZilled or; thie property located at 15Lj-72 EZ�jncj Street, Otsego, Minnesotot 553-32.1 for the Pt'oPerty owner of Gary As;iagson. bill,�rxg Is per- letter, ciateci Septemoer- 200,21 to your office 'or the amount of: 51 6 14 i 9. 0 0 AC-I'dit-10n cc)st For excavation because clesign !cca-tion of discharge pipe ir. wrang location: ;1 15 0 . Q 1 -0! CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA CONTRACT FOR BUILDING OFFICIAL SERVICES THIS CONTRACT enteredm'to this day of November, 2002, by and between the City of Otsego, a municipal corporation (hereinafter "CITY') and Kermit ("Jerry") G. Olson, hereinafter referred to as the INDEPENDENT CONTRACTOR. BUILDING INSPECTOR DESIGNATED: The CITY hereby appomits the INDEPENDENT CONTRACTOR as the Building Official as that term is defined under Minnesota Statutes and Rules, for the CITY OF OTSEGO. The INDEPENDENT CONTRACTOR represents that he is certified by the State of Minnesota as a building official and shall undertake at his own expense to remain so certified throughout the term of this Contract. INDEPENDENT CONTRACTOR understands and acknowledges that continued certification is a material condition of this contract. TERMS OF CONTRACT: This Contract shall commence on the 1" day of January, 2003 and shall continue in effect until December 31, 2003; unless there is a material breach of the terms and conditions of the Agreement (which material breach will be determined solely by the CITY) or the Agreement is terminated by the CITY for cause during that time period. In the event of termination by CITY, for either a material breach or for cause, no notice period is required. For purposes of this Agreement, cause is defined as any violation of law by the INDEPENDENT CONTRACTOR, his employees or Subcontractors occurring while CITY work under this Agreement is being performed, or any other actions by the INDEPENDENT CONTRACTOR, his employees or subcontractors deemed to be detrimental to the CITY by, and at the sole discretion of, the City Council. SCOPE OF THE CONTRACT: The INDEPENDENT CONTRACTOR agrees to provide building inspection services, plan review, and *inspection of 'individual sewage treatment systems for the CITY in accordance with the State Building Code as adopted by the CITY and amended from time to time, Minnesota Rules for Individual Sewage Treatment Systems and as they are amended from time to time, and applicable City Ordinances. The INDEPENDENT CONTRACTOR agrees to make any and all necessary *inspections to insure compliance with the State Building Code, Minnesota Rules and applicable City ordinances. ADDITIONAL WORK UNDER THE CONTRACT: The INDEPENDENT CONTRACTOR shall at the request of the Mayor, City Council, City Administrator or City Zoning Administrator perform additional work not involving building permits. Additional work shall include, but not be limited to, such matters as the evaluation of dilapidated or hazardous buildings or structures, hazardous excavations, the preparation of reports for enforcement of City Code violations or abatement proceedmigs, as well as the service of documents, drafting of letters and testimony related to the same, and any other mivestigations, inspections, or testimony reasonably deemed to be necessary by the Mayor, City Council, City Administrator, City Zoning Administrator, City Attorney or Code Enforcement Attorney in order to promote and protect the health, safety and welfare of the citizens of the CITY. ATTENDANCE AT CITY COUNCIL MEETINGS: Within the scope of this Contract, and without additional compensation, the INDEPENDENT CONTRACTOR shall attend City Council meetings and public hearings where required by this contract, or as requested by the Mayor, City Council or City Administrator. KEEPING OF RECORDS: Within the scope of this Contract, the INDEPENDENT CONTRACTOR shall maintain and keep secure an adequate set of records, correspondence and memoranda from which can be determined the date, number, status, factual observations, findings and conclusions of all inspections and building permit applications together with any other information deemed necessary by the parties hereto. The original records maintained hereto are deemed the property of the CITY, and the CITY shall have access to said records at any time and for any purpose. Upon termination of this Contract all original records shall be turned over to the CITY. INDEPENDENT CONTRACTOR may retain copies for his files. INDEPENDENT CONTRACTOR STATUS: INDEPENDENT CONTRACTOR shall furnish all equipment of whatever nature necessary to fulfill the terms and conditions of this Contract including vehicles and any and all equipment, tools, materials and supplies, except for nominal office supplies, necessary for properly making and recording required inspections. INDEPENDENT CONTRACTOR shall be free to keep whatever hours he sees fit so as long as he fulfills the terms and conditions of this Contract. 2 INDEPENDENT CONTRACTOR may subcontract out portions of the work under this Agreement to other suitably qualified individuals and the City will have no obligation for payment or liability of any kind to any such Subcontractor. INDEPENDENT CONTRACTOR shall not request or receive, and is not qualified to receive, any retirement benefits, health or dental insurance benefits, life insurance benefits, PERA benefits, workers compensation benefits, unemployment benefits, or any other ffinge benefit or other 'incentive offered by the CITY. Further, INDEPENDENT CONTRACTOR forever waives any present or future claim to any such benefit and acknowledges that he is, in fact, an INDEPENDENT CONTRACTOR, and will make no claim either now, or anytime in the future, that his status with the CITY is, or was, that of an employee. The INDEPENDENT CONTRACTOR shall carry all insurance necessary to operate as an Independent Contractor and with coverage limits adequate to protect the CITY, 'including liability insurance for the benefit of the CITY and with coverage acceptable to the CITY. The acceptability of all insurance and the limits of coverage of such 'insurance will be determined by the CITY, at its sole discretion. INDEPENDENT CONTRACTOR shall be deemed solely liable for any acts or omissions of his employees or sub -contractors which affects the CITY's interests. It shall be the responsibility of the INDEPENDENT CONTRACTOR to make sure that his employees and/or Subcontractors have at all times sufficient insurance coverage to insure the protection of the CITY's interests. Due to the nature of the work to be performed and the convenience to citizens of having the Independent Contractor readily available, the CITY shall provide the INDEPENDENT CONTRACTOR with use of a work area within the CITY offices, including the use of usual furnishings. LOCATION OF THE WORK TO BE PERFORMED: The INDEPENDENT CONTRACTOR agrees that the work shall be performed within the CITY, except that *inspections of buildings to be moved into the CITY shall be made at the location of such buildmig prior to it's removal. A special *inspection fee, to be paid by the applicant, will apply of $47.00 per hour/ 2 hour minimum plus 321/2 cents per mile mileage reimbursement. EXPENSES: The INDEPENDENT CONTRACTOR agrees that it will seek no reimbursement for out-of-pocket expenses 'incurred in the performance of his obligations under this Contract, unless such expenses are specifically set forth in this Contract. k -1 CONTRACT PRICE: The Contract price shall be 30% of the fee schedule set forth in the 1997 Uniform Building Code, or any subsequent updated version of the Building Code adopted by the CITY, for the issuance of building permits, plus 30% of each plan review fee (including Commercial, Industrial and Multiple) charged by the CITY, and 50% of any septic perrmit fee. The respective fees shall be paid by the applicant directly to the CITY, and the INDEPENDENT CONTRACTOR'S share thereof pursuant to this Agreement shall be payable to the INDEPENDENT CONTRACTOR once a month on a date to be mutually agreed upon. PAYMENT FOR ADDITIONAL WORK: As compensation for additional work as set forth in this contract, the INDEPENDENT CONTRACTOR shall be paid $30.00 per hour, payable with other verified accounts at a regularly scheduled City Council meeting. BOND: The parties agree that no fiduciary bond shall be required and the INDEPENDENT CONTRACTOR agrees to remain at all times licensed by the State of Minnesota as a certified Building Official, as well as any other licenses required to make any and all inspections required by this Agreement. CONTROL: The INDEPENDENT CONTRACTOR retains the sole and exclusive right to control or direct the manner or means by which the work described herein is to be performed. The CITY retains only the right'to control the ends to insure its conformity with proper completion of the tasks set forth herein. PAYROLL OR EMPLOYMENT TAXES: No payroll or employment taxes of any kind shall be withheld of paid with respect to payments to the INDEPENDENT CONTRACTOR, his employees or Subcontractors. The payroll or employment taxes that are the subject of this paragraph 'include, but are not limited to, FICA, FUTA, federal personal income tax withholding, state personal income tax withholding, state disability insurance tax and state unemployment insurance tax. The INDEPENDENT CONTRACTOR is responsible for payment of any and all taxes related to compensation received under this Agreement. WORKER'S COMPENSATION: No Worker's Compensation insurance has been or will be obtained by the City on account of the INDEPENDENT CONTRACTOR or any employees or Subcontractors of the INDEPENDENT CONTRACTOR. SEVERABILITY: Should any term or condition of this Agreement be found invalid by a court of competent jurisdiction, such finding shall not affect or invalidate the remaining terms and conditions of this Agreement. MERGER: Any previous agreements between the parties, either written or oral, are hereby merged into this Agreement. IN WITNESS WHEREOF, the INDEPENDENT CONTRACTOR and CITY have executed this Agreement this day of November, 2002. CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk INDEPENDENT CONTRACTOR BUILD11% OFFICIAL Kermit (Jerry) G. Olson SUMNLNRY PUBLICATION ORDINANCE NO. 02-18 As authorized by state law, including Minnesota Statutes, section 412.191, subd.4, the City of Otsego has approved the publication of an ordinance - the "cable ordinance" - in summary form. The full text of the ordinance is posted, and copies are available for inspection, in the office of the city clerk. The approved summary of the ordinance follows: CITY OF OTSEGO, MINNESOTA ORDINANCE NO. 02-18 The cable ordinance governs the City's grant of cable television franchises. Such franchises will authorize the use of rights-of-way in the City to construct, operate and maintain systems to provide cable services. The cable ordinance generally sets forth requirements for cable franchises consistent with Minnesota Statutes, Chapter238, including requirements for the operation of such systems and delivery of cable services in the City. The ordinance shall be effective on the date of publication of this summary. BY ORDER OF THE CITY OF OTESGO By Its Mayor ATTEST: By Its Clerk Cable ordinance surnmary.co CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION 02-39 WHEREAS, pursuant to Agreement and Waiver by the assessed property for replacement of a septic system located at 15972 62 d Street NE. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO, MINNESOTA. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the land named therein, and the tract of land therein is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January 2003, and shall bear interest at the rate of 6.5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2003. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of the property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment us made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the council this 12 day of November, 2003. City Clerk Mayor Bonestroo Rosene Anderlik & Associates Engineers & Architects November 6, 2002 City of Otsego 8899 Nashua Avenue NE Otsego MN 55330 Sonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action/Equal Opportunity Employer and Employee Owned Principals: Otto Ca. Bonestroo, RE. - Marvin L. Sorvala, RE. - Glenn R. Cook. RE. - Robert G. Schunicht. RE. Jerry A. Bourdon. RE. Senior Consultants: Robert W. Rosene. RE. JOSepri C. Anderlik, RE. Richard E. Turner, RE. Susan M. Eberlin, C.PA. Associate Principals: Keith A. Gordon. RE. Robert R. Pfefferle. RE. Richard W. Foster. RE- David 0. LoTkota. RE. Mark A. Hanson, RE. - Michael T. Rautmann, RE. - Ted K. Field. RE. - Kenneth P Anderson. RE. Mark R. Rolls, RE. David A. Bonestroo, M.B.A. - Sidney P. Williamson. RE.. L.S. - Agnes M. Ring, M.B.A. - Allan Rick Schmidt, RE. - Thomas W Peterson. RE. - James R. Maland. RE. - Miles B. Jensen. RE. - L. Phillip Gravel Ill. RE. Daniel J. Edgerton, RE. Ismael Martinez, RE. - Thomas A. SyFka. PE. - Sheldon J. Johnson - Date A. Grove. RE. - Thomas A. Roushar, RE. Robert J. Devery. RE. Offices: St. Paul. St. Claud, Rochester and Willmar, MN - Milwaukee. WI Website: www.banestroo.com Attn: Mike Robertson, City Administrator Re: Engineering Report for West Otsego Wastewater Treatment Plant Our File No. 503-01-104 Dear Mike: C1 NOY 7 2002 By This report describes a proposed wastewater treatment facility in the western portion of the City of Otsego to serve future residential and commercial development. The report has been prepared to meet MPCA requirements for a new treatment facility that is to be constructed without State or Federal funding. I. Location The plant is to be located in Section 25, R.24W, T 12 IN, within City limits, immediately west of C.S.A.H. 19, approximately 1/4mile north of the City's southern boundary. A location map is included with the EAW. 2. Service Area The service area for the new facility is the SW area of the City that surrounds the City of Albertville in Sections 25, 26, 27, and 34 of T2 IN, R24W, and in Sections 30 and 3 1, T121N, R23W. 3. Capacity The proposed capacity of the facility is 600,000 gallons per day (gpd) of average flow. This capacity is expected to serve an equivalent population of 6,000, or 2,400 equivalent residential units. See Section 5 of this report for other design capacity criteria. 2335 West Highway 36 w St. Paul, MN 55113 a 651-636-4600 s Fax: 651-636-1311 West Otseo WWTP Report, 122 4. Discharge Point The proposed discharge point for treated effluent is Otsego Creek in T12 IN, R24W, Section 25, approximately V2mile north of and downstream ftom Mud Lake. 5. Design Conditions The proposed facility is to be designed for the following conditions: 6. Effluent Limits MPCA provided the following preliminary effluent limits for the proposed facility, based on the classification of Otsego Creek as a Class 7, limited -resource stream, and the downstream receiving water of the Mississippi River. Design Conditions -7 Parameter Quantity Rationale Average Flow 600,000 gpd 6,000 population P. 100 gpcd Average Wet Weather Flow 660,000 gpd 110% of average flow Average Dry Weather Flow 540,000 gpd 90% of averagi� flow Peak Hourly Flow 1.9 MGD Peaking factor of 3.2 Peak Instantaneous Flow 2.2 MGD 115% of peak instantaneous flow BOD 1,020 lb/day 0. 17 ppcd TSS 1,200 lb/day 0.20 ppcd TKN 120 lb/day 0.02 ppcd Phosphorus 40 lb/day 8 mg/l (2, average flow Population Equivalent (P.E.) 6,000 100 gpcd 6. Effluent Limits MPCA provided the following preliminary effluent limits for the proposed facility, based on the classification of Otsego Creek as a Class 7, limited -resource stream, and the downstream receiving water of the Mississippi River. 7. Treatment Process Based on the capacity and effluent requirements of the facility, it is proposed that the facility be an activated sludge process with biological phosphorus removal. The I Preliminary Effluent Limits Parameter Limit BOD 15 mg/I TSS I 30 mg/I Ammonia No limit Phosphorus :[I mg/I Chorine Residual I No limit 7. Treatment Process Based on the capacity and effluent requirements of the facility, it is proposed that the facility be an activated sludge process with biological phosphorus removal. The I West Otsego WWTP Re2ort,,p3 activated sludge process will be a conventional process without considerations for 4P ammonia removal. Sludge will be treated by thickening and aerobic digestion, and then stored on-site for 12 months prior to land application. 12 -month storage is proposed to =1 (1) eliminate the need for spring land application and (2) guarantee vector attraction and Class B pathogen requirements are met. Effluent disinfection will by UV -disinfection. 8. Facility Description The treatment facility is described in the following table: Proposed Facility Desc iption Unit No. Size Comment Influent Flume I 9 -inch Sized for ultimate peak of 5.0 MGD Mechanical Screen I 1/4openings w/ manually cleaned screen as bypass Grit Tank 1 2.5 MGD Vortex w/ grit washer RAS Mix Box I 6'dia. MH Anoxic Tanks 3 58,000 gal. 2 -hour detention time @ AWW Aeration Tank Splitter Box 1 4' weirs Aeration Tanks 2 128,000 g 1. ea. 30 ppd BOD per 1,000 cu.ft. Chemical Mixing Point I 6'dia MH Alum feed point, w/mixer Final Clarifier Splitter Box 1 4' weirs Final Clarifiers 2 36' dia. ea. 1,000 gpdJsq.ft. @ PHWW UV Disinfection 1 2.2 MGD w/ bypass channel RAS Pumps 3_ 2 10 gpm each 100% of avg. flow Raw sludge pounds NA 1,224 lb/day 1.2 lb/day/lb BOD Raw sludge volume NA 14,700 gpd 1% solids concentration WAS Pumps 2 104 gpm each 25% of avg. flow w/ I pump out (from 10 -States Stds) Unthickened sludge storage 1 58,700 gallons 4 -days storage of 1% sludge Thickener Feed Pumps 2 100 gpm each 100% of thickener capacity w/ I pump out Thickener 1 1 -meter 4 hrs/day, 4 days/week opera ion Thickened sludge storage I 11,000 gallons 3 -days storage of 4% sludge Thickened sludge pumps 1 100 gpm Match thickener feed pump clapacity to save need for redundant pump Aerobic digester 1 101,000 gallons 2.25 cu.ft./PE, based on 4% solids Digested sludge volume NA 2,900 gpd 0. 16 lb/day/PE @ 4% solids (from i o - States Standards) Sludge storage 1 1.1 MG 12 -month storage + freeboard Generator 1 125 k -w 100% of plant load 1 Chemical systea...L. 6,000 gal. tank I Alum or ferric chloride 9. Other Features The facility will include: Control building and office Pump basement for RAS and WAS pumps On-site well for potable and non -potable water supply Building for blowers and chemical system Building with lower level for thickener and thickener equipment Perimeter fence Stormwater pond on-site 10.Estimated Costs The estimated capital cost of the facility is S6,524,800, itemized as follows: Item Cost Estimated Construction Cost $5,800,000 Proposed Engineering Costs 694,800 Other miscellaneous costs 30,000 TOTAL PROJECT COST $6,524,000 The estimated annual operation and maintenance cost is $240,000. The facility labor requirements are 2 full-time people. Laboratory testing for permit requirements is to be done by an outside lab. qql� 1::::� +-c 4 Respectfully submitted, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Ted K. Field Associate Principal P