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02-10-03 CCPresentation to Otsego City Council by Christ Lutheran Church Council President February 10, 2003 HISTORY Late summer. 2000 - Quit claim deed hand delivered by former city engineer to youth pastor who was asked to sign it -No explanation of details was given -Senior pastor was on vacation -Change in administration and council at church October. 2000 - New council member/Vice President of Council took office and was asked by the Senior Pastor to sign the document and get it notarized - all believed it was a par', of the new street construction easement along 88. -No one from church had attended a public hearing during this time of absence and change in church administration -City now had .4 acres of Christ Lutheran Church property with no compensation to the church. May, 1 - The former city engineer again hand delivered to the youth pastor (senior pastor is again on his annual 6 week vacation) another quit claim deed for an additional .66 acres adjacent to the .44 acres previously taken and asked him to sign it -Youth Pastor asked for some time, and contacted the Church Council President -A meeting with the city engineer, youth pastor, lay property person, and council president was scheduled. -City engineer explained at this meeting that MNDOT had ordered a bigger storm water ditch be constructed to slow down the storm water before getting to the 101 holding pond. -No mention of compensation from the City for the land. -Church Council decided to hire an attorney for guidance and advice May. 2001 to August 2002 - frequent attempts through meetings and letters were made by the Church and attorney to negotiate fair compensation from the City for the "real taking of property." -City stated that the lack of comparable land prices was causing a problem in negotiating a settlement -City stated they would ask their appraisers for a valuation, but did not produce any evidence of having done so -Church paid several thousand dollars to get appraisals that were never considered -Appraiser believed that the easements were 100% takings -Church was informed by area developers that the land was worth $9.00 per square foot — City talked only441-75-per-square fooL_ -Receiving no response from the City, the church's attorney contacted the City Attorney for an update and was informed that he had not received any information regarding land values and probably would not for four months. As of April. 2002, the City had not indicated any willingness to budge from the $1.75 per square foot or consider compensation to the Church. -City attorney contacted the church's attorney and advised that he was going to obtain permission from the City Council to pursue condemnation if a resolution could not be reached. -Church was still willing to negotiate a settlement, with the same ultimate goal as the City — be accountable to respective constituents that fair value is given for property taken. May 16. 2002 - received a phone call from the City Attorney that he was postponing a scheduled meeting with the church, as the current City Engineer had identified another area in the new Waterfront development that MNDOT might accept as easement for additional storm water drainage. August 2. 2002 - the church was informed that MNDOT had accepted the City Engineer's idea of additional ponding in the new Waterfront Development, and the City no longer had any need for additional easement on the church property. -End of communication from the City of Otsego. Early October. 2002 - a phone call was made by the Church President to Mayor Fournier asking that some kind of closure be discussed between the parties. -Mayor Fournier responded two days later that the Church issue had been discussed at a joint City Council/staff work session, and that the Church would receive credit for any future storm water impact fees. -Evidence of this credit would be documented in a letter from the City Attorney within three weeks. -No letter has been received by the Church or the Church's attorney. *The cost and proposed assessments of the storm water portion of the fi8`'` Street improvements, including the newly constructed ditch across Church property, is not on record at this time. ISSUES TO BE RESOLVED 1. Church property (.4 acres) was taken without compensation by the City to solve storm water drainage for the entire Storm Water District. - - -Church feels they were -misled by the former-City—Engineer—who.—did-not explain - - - that the quit claim deed was not only for casement along 8e Street, but was for an additional .4 acres between Church property and outlot B, that is zoned commercial and also owned by the church. -No options were offered or discussed as to another way to engineer a solution -On lite night of the July 31, 2001, public hearing, a staff member stated that, "The city pays for what it is taking." (It is apparent that this is not true.) -A contact was made a second time by the same former City Engineer to obtain an additional .66 acres from the Church — no options offered. -On the night of the July 31, 2001, public hearing, a council member stated that, "Easements can be changed and moved. It is done all the time." (This was never offered by the City as an option.) 2. Church needlessly expended scarce dollars on legal fees to defend the threat of additional taking of property by the City. These fees could have been avoided if more time had been taken to study the issue. (The actual ditch, using the .4 acres, was not constructed until November, 2002!) -Unlike governmental entities, a church has no discretionary money -The Church is not a developer and cannot pass costs on to anyone else to recoup the expenses and assessments placed on them by the City. -The Church is growing, but the base of our population consists of wage earners who reside right here in Otsego. -Church did not expect, nor does it want, an adversarial relationship that seemed to develop with the City during negotiations The Church, like the City, needs to be accountable to its constituents in the areas of fiscal and property management. Therefore, we are asking the City to bring closure to the issues mentioned above in a reasonable solution guided by standards and guidelines that arc fairly applied to all property owners in Otsego, whether private, commercial, or institutional. ITEM 5.1. CLAIMS LIST CITY COUNCIL MEETING FEBRUARY 10, 2003 T0: 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 02-03-2003 $ 260,279.75 02-05-2003 $ 130,143.43 GRAND TOTAL $ 390,423.18 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 02/03/03 2:23 PM Page 1 *Check Summary Reqister© JANUARY 2003 FILTER: None Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid AIRGAS, INC. $315.90 UnPaid AMERICAN ENGINEERING TESTING $773.60 UnPaid BOISE CASCADE OFFICE PRODUCTS $115.32 UnPaid BREZE INDUSTRIES $63.74 UnPaid CROW RIVER NEWS $36.00 UnPaid DENNIS FEHN GRAVEL & EXCAVAT $42.60 UnPaid DESIGN ELECTRICAL CONTRACTORS $143,369.36 UnPaid DON'S BAKERY $33.00 UnPaid ECM PUBLISHERS INC $216.60 UnPaid FORTIS BENEFITS INSURANCE CO $94.19 UnPaid GRANITE CITY LEASING INC $34.02 UnPaid HAKANSON ANDERSON ASSOC INC $108,773.20 UnPaid LEAGUE OF MN CITIES $65.00 UnPaid LITTLE FALLS MACHINE $430.45 UnPaid MN DEPT OF REVENUE $65.00 UnPaid NORTHERN TOOL & EQUIPMENT CO $60.69 UnPaid PITNEY BOWES $77.15 UnPaid PRINCIPAL FINANCIAL GROUP $562.12 UnPaid RANDY'S SANITATION $100.77 UnPaid ST JOESPHS EQUIPMENT INC $1,881.19 UnPaid STANDARD TRUCK & AUTO $689.51 UnPaid TRUEMAN-WELTERS INC $9592 'nPaid US INTERNET $99.95 nPaid WRIGHT COUNTY AUDITOR -TREASURE $680.00 UnPaid WRIGHT COUNTY HIGHWAY DEPT _ $1,604.47 Total Checks $260,279.75 FILTER: None CITY OF OTSEGO 02/03/032:23 PM Page 1 *Check Detail Reqister© JANUARY 2003 --heck Amt Invoice Comment 10100 BANK OF ELK RIVER ................................................................................ Unpaid AIRGAS, INC. E 101-43100-210 Operating Supplies (GENERAL) $245.14 105894152 WELD CUTTING TIP E 101-43100-210 Operating Supplies (GENERAL) $70.76 105895580 HAZMAT Total AIRGAS, INC. $315.90 :.:.:::::::::::::::::::::::. Unpaid .::::::.:::.::::.::.:::::::::::..:::.:::..:::.:::::.:::.,:::::.:.:::.::...:.:...::::::•.:::::.::::,:,...:.,..:,::..,..:.,::::. AMERICAN ENGINEERING TESTING ....w:..kk,:..,.,..:,..::..,:.::,.:.:..,:.:...:kw:..................,............. E 429-43256-302 Engineering Fees $448.60 20646 W WTF PHASE 2 E 434-43100-302 Engineering Fees $325.00_21665 85TH ST EAST OF 42 Total AMERICAN ENGINEERING TESTING $773.60 Unpaid BOISE CASCADE OFFICE PRODUCTS E 101-41400-201 Office Supplies $106.89 792053 OFFICE SUPPLIES E 101-41400-201 Office Supplies $8.43 793183 OFFICE SUPPLIES Total BOISE CASCADE OFFICE PRODUCTS $115.32 ::::::::.::::::.::::::::::::::::::::::::::::.:::::::::::::::::::::::::::::::::::::::::::::::::.,.:::.::::::::.::::::.::.::::::::,::.•::::,: Unpaid BREZE INDUSTRIES w : M..H.w :..k..,.::...................................... E 101-43100-203 Supplies - General $63.74 14186 BOLTS/NUTS Total BREZE INDUSTRIES $63.74 Unpaid CROW RIVER NEWS .......... E 101-41400-310 Miscellaneous $36.00 1 YR SUBSCRIPTION Total CROW RIVER NEWS $36.00 .................................................................................................... paid :.:.......,..................:..........................,.M.: ........................... . DENNIS FEHN GRAVEL & EXCAVAT ,,.::.:.„ ,:,,:...:.:.:::- ... .:. •..,:..,....,,,................,............... E 101-43100-310 Miscellaneous $42.60 9324 BLACK DIRT Total DENNIS FEHN GRAVEL & EXCAVAT $42.60 Unpaid DESIGN ELECTRICAL CONTRACTORS E 423-43100-530 Improvements Other Than Bldgs $143,369.36 PAY 3 39/42 TRAFFIC SIGNALS Total DESIGN ELECTRICAL CONTRACTORS $143,369.36 Unpaid DON'S BAKERY ,M,M,.,..:...... _................. ,,.,... E 101-41400-203 Supplies - General $33.00 5824 MEETING 1/16 Total DON'S BAKERY $33.00 Unpaid>...... ...............:.......»:,.:...,.,>..::::.,�ECM ~PUBLISHERS INC :,wuk::,:.:, E 101-41400-350 Print/Binding (GENERAL) $162.45 139907 SUMMARY BUDGET DATA E101-41400-350 Print/Binding (GENERAL) $54.15 139908 NOT OF PH LANDCOR Total ECM PUBLISHERS INC $216.60 paid FORTIS BENEFITS INSURANCE CO ................................................................. E101-43100-130 Employer Paid Ins (GENERAL) $40.19 P/W - FEB STD E 101-41400-130 Employer Paid Ins (GENERAL) $54.00 ADMIN - FEB STD Total FORTIS BENEFITS INSURANCE CO $94.19 Unpaid GRANITE CITY LEASING INC E1011-411400-413 O',fica Equipment Recital $34.02 23 TOSHIBA FAX Total GRANITE CITY LEASING INC $34.02 Unpaid HAKANSON ANDERSON ASSOC INC E 101-41560-302 Engineering Fees $220.95 STAFF MEETING G 701-21974 Prairie Creek 4th $164.40 7273 PC4TH G 701-21977 Stone Gate 2nd $1,213.76 7274 STONEGATE 2ND G 701-21982 Prairie Creek 5th $290.81 7275 PC 5TH G 701-21940 The'Point 1 & 2" - Big Ed's $1,642.49 7276 POINTE 2ND G 701-21958 Crimson Ponds III $191.44 7277 CP 4TH G 701-21993 Otsego Farms $68.68 7278 OTSEGO FARMS G 701-22315 OTSEGO MEADOWS GOLF $288.05 7279 OTSEGO MEADOWS GOLF CITY OF OTSEGO 02/03/03 2:23 PM Page 2 *Check Detail Reqister© JANUARY 2003 Unpaid LEAGUE OF MN CITIES E 101-41400-360 Education/Training/Conterences Check Amt Invoice Comment G 701-22329 QUADAY ADDITION $825.00 7280 QUADAY ADDITION G 701-22341 WATERFRONT FAM REST $713.48 7281 REST G 701-22342 WATERFRON CONY STORE $1,060.85 7282 CONV STORE G 701-22340 WATERFRONT LIQUOR STORE $800.11 7283 LIQUOR STORE G 701-22338 F&F Food Mart $456.00 7284 F&F MART G 701-21940 The "Point 1 & 2" - Big Ed's $215.44 7285 THE POINTE G 701-21941 Pulte Prairie Crk 2nd $229.31 7286 PC 2 G 701-21942 Ranch Acres $246.21 7287 RANCH ACRES G 701-21947 Prairie Creek 3rd Addn $258.18 7288 PC3 G 701-21949 Stone Gate Estates $28.88 7289 STONEGATE 1 G 701-21922 Pheasant Ridge $129.94 7290 PR 2 G 701-21958 Crimson Ponds III $261.95 7291 CP 3 G 701-21961 Pheasant Ridge #rd & 4th $252.32 7292 PR4TH G 701-21987 Baurely site Plan Review $68.68 7294 194 W IND PARK G 701-21973 Pheasant Ridge 5th $237.88 7295 PR 5TH E 101-41400-348 Maps $715.00 7296 MAPS E 101-43100-302 Engineering Fees $35.00 7297 PUBLIC WORKS G 701-21946 Crimson Ponds 2nd $64.97 7299 CP2 G 701-21915 Crimson ponds/Backes 99-7 $64.97 7299 CP1 G 701-21936 Mississippi Pines PUD 00 $195.09 7300 MISS PINES E 434-43100-302 Engineering Fees $1,984.76 7302 85TH EXT G 701-22331 PHEAST RIDGE 6 $1,761.48 7304 PR 6TH G 701-21988 Cummings $1,219.64 7307 OTSEGO IND 5TH E 420-43100-302 Engineering Fees $1,394.52 7309 PAGE 79TH TO 85TH E 420-43100-302 Engineering Fees $35.00 7315 85TH ST BIKE PATH G 701-22344 PLEASANT CREEK FARMS $180.00 7319 PLEASANT CREEK FARMS G 701-22343 WF3RD ADD FINPLAT $37.50 7322 WFT 3RD E 101-41560-302 Engineering Fees $55.00 7322 DR HORTON E 420-43100-302 Engineering Fees $18,987.24 7324 PAGE 39 TH 85TH E 436-43100-302 Engineering Fees $3,661.61 7325 85TH ST ODEAN TO NASHUA E 101-41560-302 Engineering Fees $1,935.97 7332 MISC ENG E 435-43100-302 Engineering Fees $2,707.70 7333 85TH PAGE TO ODEAN E 430-43100-302 Engineering Fees $1,050.95 7334 WEST SEWER PLANT E 203-45210-302 Engineering Fees $36,936.28 7335 PRAIRIE PARK G 701-22321 RIVERPOINTE 2ND $1,596.27 7336 RIVERPOINTE 2 G 701-22332 PHEAST RIDGE 7 $1,394.72 7337 PR7TH G 701-22324 RIVERPOINTE 3 $1,994.08 7338 RIVERPOINTE 3 E 423-43100-302 Engineering Fees $4,774.19 7340 QUADAY/91ST E 423-43100-302 Engineering Fees $9,286.75 7341 TRAFFIC SIGNALS G701-21927 O. Thompson CUP 99-18 $519.53 7342 RIVERPOINTE i E 203-45210-302 Engineering Fees $6,320.17 7343 LILY POND PARK Total HAKANSON ANDERSON ASSOC INC $108,773.20 Unpaid LEAGUE OF MN CITIES E 101-41400-360 Education/Training/Conterences $65.00 1-000012353 03 STATE OF CITIES CON - MIKE Total LEAGUE OF MN CITIES $65.00 Unpaid LITTLE FALLS MACHINE E 101-43100-220 Repair/Maint Supply (GENERAL) $430.45 29437 94 FORD TRK Total LITTLE FALLS MACHINE $430.45 npaid MN DEPT OF REVENUE G 101-21802 SALES TAX PAYABLE $65.00 02 SALES & USE TAX Total MN DEPT OF REVENUE $65.00 Unpaid NORTHERN TOOL & EQUIPMENT CO E 101-43100-203 Supplies - General $60.69 07601631 WORK PLATFORM CITY OF OTSEGO 02/03iO3 2:23 PM Page 3 *Check Detail Reqister© JANUARY 2003 '.TER: None - heck Amt Invoice Comment Total NORTHERN TOOL & EQUIPMENT CO $60.69 Unpaid ..............: v.�:::::.�.�.�.�::::::::::.�::::::::::::n�:::::::::::x:::r::::::::::.�m:::::::.v..,-::::.-::::::.�.�n:�::::::::::::. PITNEY BOWES �::::::::::::. �:::::::::::::.:.--:.•::.t.::::.:vv-r:: r:.•. E 101-41400-203 Supplies - General $77.15 391208 E -Z SEAUINK Total PITNEY BOWES $77.15 Unpaid PRINCIPAL FINANCIAL GROUP E 101-41400-123 Health $298.66 ADMIN 2/15 - 3/14 E 101-43100-123 Health $263.46 P/W 2/15 - 3/14 Total PRINCIPAL FINANCIAL GROUP $562.12 Unpaid RANDY'S SANITATION E 101-41940-325 Garbage Service $62.16 GARBAGE/RECYLE E 101-43100-325 Garbage Service $38.61 GARBAGE/RECYLE Total RANDY'S SANITATION $100.77 Unpaid ST JOESPHS EQUIPMENT INC E 101-43100-400 Repairs & Maint Cont (equip) $1,521.54 SW40044 93 CASE TRACTOR E 101-43100-220 Repair/Maint Supply (GENERAL) $21.00 V106645 93 CASE TRACTOR E 101-43100-220 Repair/Maint Supply (GENERAL) $132.59 V106646 94 FORD TRUCK E 101-43100-220 Repair/Maint Supply (GENERAL) $123.68 VI06650 94 FORD TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $82.38 V106658 93 CASE TRACTOR Total ST JOESPHS EQUIPMENT INC $1,881.19 Inpaid STANDARD TRUCK & AUTO ........................ ..............................................................:::::.:.:::::::.:::.:. ------ E 101-43100-220 Repair/Maint Supply (GENERAL) $486.74 302324 94 FORD TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $202.77 302394 92 FORD TRK Total STANDARD TRUCK & AUTO $689.51 Un aid P TRUEMAN-WELTERS INC :...:..::.,:,,:.w..,.,.::... E 10 1-43100-220 Repair/Maint Supply (GENERAL) $36.81 262083 92 FORD TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $59.11 262661 94 FORD TRK Total TRUEMAN-WELTERS INC $95.92 Paid USINTERNET E 101-41400-390 Contracted Services $49.95 462355 FEB MONTHLY FEE E 101-41400-390 Contracted Services $50.00 462355 DOMAIN FEE Total US INTERNET $99.95 paid WRIGHT COUNTY AUDITOR -TREASURE .. ........................................ E 101-41400-205 Election Supplies $680.00 2003-ELECTIO BALLOT PROGRAMING Total WRIGHT COUNTY AUDITOR -TREASURE $680.00 Un P WRIGHT COUNTY HIGHWAY DEPT E 101.43100-372 Salt & Sand $1,386.84 3677 SAND & SALT E 101-43100-434 Blacktop Patching $217.63 3678 COLD MIX Total WRIGHT COUNTY HIGHWAY DEPT $1,604.47 10100 BANK OF ELK RIVER $260,279.75 '.TER: None CITY OF OTSEGO 02/05/03442 PM Page 1 *Check Summary Register© FEBRUARY 2003 FILTER: None Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid DXS TOTAL HOME CENTER $64.79 UnPad ECM PUBLISHERS INC $575.70 UnPaid GLENS TRUCK CENTER INC $16856 UnPaid GRIDOR CONSTR., INC. $94,344.00 UnPaid GROEN GARY CPA $1,980.00 UnPaid ICMA RETIREMENT TRUST $422.31 UnPad LONG & SONS $426.00 UnPaid MN COUNTIES INSURANCE TRUST $50.00 UnPaid PUBLIC EMPLOYEES RETIREMENT FD $1,634.57 UnPaid WRIGHT COUNTY AUDITOR -TREASURE $30,477.50 Total Checks $130,143.43 FILTER: None CITY OF OTSEGO 02/05iO3 4:42 PM Page 1 *Check Detail Reqister@ FEBRUARY 2003 --- BANK OF ELK RIVER Unpaid DJ'S TOTAL HOME CENTER - ------- ....................... E 101-43100-203 Supplies - General $25.35 636546 COPPER TUBE E 101-43100-203 Supplies - General ($3.11) 636701 CREDIT E 101-43100-203 Supplies - General $13.26 637025 MISC TAPE/UTIL KNF E101-43100-220 Repair/Maint Supply (GENERAL) $13.36 640997 94 FRO TRK E 101-43100-203 Supplies - General $15.93 643497 LUBE SPRAY/TAPE Total DJ'S TOTAL HOME CENTER $64.79 Unpaid ECM PUBLISHERS INC E101-41400-350 Print/Binding (GENERAL) $330.60 140159 AD FOR PARK BIDS E 101-41400-350 Print/Binding (GENERAL) $57.00 140160 ORDINANCE E101-41400-350 Print/Binding (GENERAL) $59.85 140161 ORDINANCE E 101-41400-350 Print/Binding (GENERAL) $128.25 140162 ORDINANCE Total ECM PUBLISHERS INC $575.70 Unpaid GLENS TRUCK CENTER INC E 101-43100-220 Repair/Maint Supply (GENERAL) $23.81 1230130032 92 FORD TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $95.70 1230160014 94 FORD TRK E101-43100-220 Repair/Maint Supply (GENERAL) $49.05 1230230021 94 FORD TRK Total GLENS TRUCK CENTER INC $168.56 Unpaid GRIDOR CONSTR., INC. E429-43256-500 Capital Outlay (GENERAL) $94,344,00 PAY 11 EAST WWTF PHASE 2 Total GRIDOR CONSTR., INC. $94,344.00 Unpaid GROEN GARY CPA E 101-41600-390 Contracted Services $1,980.00 JAN 03 44.5 HRS Total GROEN GARY CPA $1,980.00 Unpaid ICMA RETIREMENT TRUST E 101-41400-121 PERA $192.31 PPE 2/1 CK DTD 2/5/03 G 101-21705 Other Retirement $230.00 PPE 2/1 CK DTD 2J5/03 Total ICMA RETIREMENT TRUST $422.31 Unpaid LONG & SONS E 101-41940-389 Clewing Services $426.00 JAN CLEANING Total LONG& SONS $426.00 Unpaid E 101-43100-310 Miscellaneous $60-00 2532 03 DRUG/ALCOHOL TEST Total MN COUNTIES INSURANCE TRUST $50.00 Unpaid PUBLIC EMPLOYEES RETIREMENT FID E 101-41550-121 PERA $157.05 PPE 2/1 CK DTD 2/5 E 101-41400-121 PERA $344.70 PPE 2/1 CK DTD 2/5 E 101-43100-121 PERA $348.60 PPE 2/1 CK DTD 2/5 G 1 01-21 704 PERA $784.22 PPE 2/1 CK DTD 2/5 Total PUBLIC EMPLOYEES RETIREMENT FD $1,634.57 Unpaid WRIGHT COUNTY AUDITOR -TREASURE E 101-42100-390 Contracted Services $30,477-50 03-2 FEB 03 SHERIFF PATROL Total WRIGHT COUNTY AUDITOR -TREASURE $30,477.50 10100 BANK OF ELK RIVER $130,143.43 CITY OF OTSEGO 02/05/03 4:42 PM Page 2 *Check Detail Reqister© FEBRUARY 2003 FILTER: None ITEM 5, 2, FOURTH AMENDMENT TO O&M AGREEMENT WHEREAS, PeopleService, Inc., a Nebraska corporation (PeopleService), entered into an 4greement with the City of Otsego, Minnesota, dated April 10, 2000, for the management, operation, and maintenance of the Owner's water and wastewater treatment systems (the "Agreement"), WHEREAS, the "Effective Date" of the Agreement was delayed until December 1, 2000 in a writing by the parties, WHEREAS, the Agreement was amended in writing by the parties effective December 1, 2000, July 1, 2001 and January 1, 2002, and WHEREAS, the parties desire that the Agreement be amended to recognize the cost of operating the Owner's facilities for the next fiscal year (as provided in Section 4.2 of the Agreement). NOW, THEREFORE the Agreement made and entered into between the City of Otsego, Minnesota and PeopleService dated April 10, 2000, for the management, operations, and maintenance of the Owner's water and wastewater treatment systems is amended as follows: ■ Paragraph 1.3 is hereby amended to increase the maximum annual maintenance/repair amount from $5,130 to $5,207. ■ Paragraph 4.1 is hereby amended to increase the monthly payment from $10,626 to $11,448. ■ The "base amount" contained in Paragraph 4.3 for electricity and chemicals is amended to increase the amount to $44,000 for the twelve months ended December 31, 2003. Except as amended herein, and by amendments effective December 1, 2000, July 1, 2001, and January 1, 2002, the Operations and Maintenance Agreement entered into by the parties on April 10, 2000 is hereby ratified and confirmed and shall remain in full force and effect in accordance with the terms and conditions thereof. This amendment shall be effective January 1, 2003, and is agreed to by both parties as evidenced by endorsement below. PEOPLESERVICE, INC. By: President Attest: Assistant Secretary H: \www\ am end\Otsego. wp6 OTSEGO, MINNESOTA Attest: Mayor City Administrator Otsego, MN Overview of Amendment Effective January 2003 1. O&M costs are adjusted by the change in the CPI from September 2001 to September 2002 (1.5%) on January 1" 2003. $127,512 x 1.5% = $1,913 annual increase for CPI adjustment $1,913 divided by 12 months = $159 monthly CPI adjustment (This includes an increase of $77 to the maintenance cap. The adjusted maintenance cap is $5,207) (Refer to O&M Agreement, Section 4.2) 2. The base amount for the electrical and chemical usage true up is adjusted to $44,000. This is to reflect the history of the 12 months 1/01/02 — 12/31/02 and a projected system demand increase of approx. 15%. $38,259 (2002 actual) - $36,047 (2002 base) = $2,212 (amount exceeding base after 12 months of expenditures in 2002) $36,047 (2002 base) + $2,212 (amount above 2002 base) + 15% for projected system demand growth = $44,000 (2003 base amount) $44,000 - $36,047 = $7,953 annual increase for base amount adjustment $7,953 divided by 12 months = $663 needed monthly base amount adjustment (Refer to O&M Agreement, Section 4.3) 3. The monthly payment is amended to reflect: $159 CPI increase + $663 electrical/chemical base increase = total monthly payment increase of $822. $822 increase + $10,626 current monthly = $11,448 as the amended monthly payment that is in effect January 1', 2003. - ...- _ .--- _ .,t\✓LI\Lll� (D 07 I0 --)b I.D I 1 01/31/03 1 ITEM 5 - NO: 685 . 5. Fax Tran �Rosem r°° smission Arxkrflk� Erpinrerr i NOdt.R, Date: 1/31/2003 To: Michael Robertson Organization: City of Otsego Fax Number: 763 441 8823 Subject. Otsego East WWTF Phase 2 Mike, From: Joel W. Schmidt Our File No: 503-01-102 Pages to Follow: 1 Original Will Follow In Mall: Yes ❑ No Attached is the cover sheet to Payment Request No, 11 for the Subject Line referenced project. I have reviewed the payment request, find it to be in order, and recommend payment. Signed hard copies will follow via mail. If you have any questions please do not hesitate to give me a call. My direct extension is 651 604 4889. Sincerely Bonestroo Rosene Anderlik U �— Joel chmidt Rnnottrnn Rnoona Onr1A►Il4 And Otanr_iata¢ Inr_ WWW hnnwetrnn nnm U1/JVuJ rxl 1G:i4 rAA 512 e5d dld6'®®Wt111Ux lUyblx GRIDOR CONSTR., INC. 1886 BERKSHIRE LANE PLYMOUTH, MN 56441 01/31/03 12:32 [5 :02/02 N0:685 tJUUY 763-669-3734 Owrwr CITY OF OTSEGO Date 1/31/003 For Podod 12/26/02 TO 1/31/03 RequwtNo. II En Inner FIONESTKOO ROSENE ANDERLIK & ASSOC. REQUEST FOR PAYMENT WASTEWATER TREATMENT FACILITY SUMMARY. I ORTOFNAL CONTRACT AMOUNT 2 CIIANGE ORDER - ADDITION 3 CHANGE ORDER - DEDUCTION 4 REVISED CONTRACT AMOUNT 5 VALUE COMPLETED TO DATE 6 MATERIAL, STORED 7 AMOUNT EAiiNED THIS PERIOD 8 LESS RETAINAGE - 5% 9 SUB -TOTAL 10 LESS AMOUNT PREVIOUSLY PAID 1 I AMOUNT DUE THIS REQUEST Recommcndod for Approval by: Engineer (Project Engineer) Approved by Contractor: CRIDOR ONSTR., INC. Robert Moyer 1/31/2003 iecificd Contract Camplotlon Date: 4/1/'_003 Approved by Owner: CITY OF ... Date O,SOBOtsogo 2001Wey EstimatelPAYILS EQUAL OPPORTUNITY EMPLOYER S 2,217,700 S 2,217,700 S 1,496,420 S 398,347 $ 1,894,767 S 0 1,894,767 S 1,800,423 S 94,344 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. RESOLUTION REGARDING RESTRICTIONS ON THAT PROPERTY PRELIMINARILY PLATTED AS OTSEGO MEADOWS AND PROPERTY FINAL PLATTED AS GRENINS MISSISSIPPI HILLS WHEREAS, Bulow, Inc. has platted certain property as Grenins Mississippi Hills and in association with Manley Brothers Construction, Inc. has preliminarily platted certain property as Otsego Meadows; and WHEREAS, the underlying property so platted has recorded against it various restrictions previously placed upon it by Wright County, Otsego Township and the City of Otsego; and WHEREAS, those restrictions have been presented to the City Council in letter from the City Attorney dated January 27, 2003 which is attached hereto, and herein incorporated by reference as Exhibit A; and WHEREAS, Bulow, Inc. has requested that a certain provision of that Addendum No. ', to the Developer's Agreement between the City of Otsego and Bulow, Inc. dated November 10, 1999, and recorded as Document No. 698943, specifically No. 5 of that Agreement requiring combination of Outlot A and Lot 1, Block 1 and approval of a bed and breakfast by January 1, 2004, be modified to eliminate any time limit; and WHEREAS, the Council, on motion, did agree to modify that condition; and WHEREAS, the city Engineer has indicated that all other conditions of that Development known as Grenins Mississippi Hills and contained within the Developer's Agreement and Addendum No. 1 to the Agreement have been satisfied as to Bulow, Inc.; and WHEREAS, all current restrictions on the land preliminarily platted as Otsego Meadows will remain until said property has been final platted and all conditions of final plat approval have been satisfied. ;�Ip NOW THEREFORE BE IT RESOLVED by the City Council of the City of Otsego as follows: 1. That those restrictions placed upon the land preliminarily platted as Otsego Meadows by Wright County, Otsego Township and the City of Otsego shall be null and void and released by the City upon final plat approval of Otsego Meadows and satisfaction of all conditions of such approval. 2. That the Developer's Agreement for Grenins Mississippi Hills dated September 13, 1999 recorded as Document No. 689898, and the Addendum to that Agreement dated November 10, 1999 and recorded as Document No. 698943 shall be released as to Bulow, Inc., and that the condition that a bed and breakfast be approved and lots be combined to accomplish the same is hereby modified and any time limit is eliminated 3. That this resolution in no way assures Developers final plat approval and that the terms and conditions of the resolution related to Otsego Meadows shall not be effective until final plat approval is given, and all conditions of that final plat approval have been satisfied. 4. ADOP'T'ED by the Otsego City Council this day of February, 2003. IN FAVOR: OPPOSED: Judy Hudson, City Clerk 2 CITY OF OTSEGO Lary Fournier, Mayor Alichael C. Couri• COURI & MACAR THUR Andrew I MacArthur Attorneys at Law Robert T. Ruppe-- 705 Central Avenue East David R. Wendorf PO Box 369 Sr- Michael, MN 55376-0369 '''4`° Ucc=ed in "`i'°" (763) 497-1930 "Amo licemod in calyomia (763) 497-2599 tW couriandmacarrhurCpobox. co m January 27, 2003 VIA FACSIMILE AND U.S. MAIL City Council Members City of Otsego c/o Judy Hudson, City Clerk 8899 Nashua Avenue NE Otsego, MN 55376 RE: Greuinger Property- Bulow & Manley Dear Council Members: The City has been asked to provide a document indicating the status of various City approvals and Developer's Agreements related to the subject property. The owners have also asked, that for purposes of closing on the property, that the City indicate which of these documents will remain in effect and which will be rendered moot at the time of final plat approval.. I have reviewed those documents affecting the parcels which include the following: 1. Order Granting Conditional Use, dated February 4, 1977, Book 70 of Miscellaneous at page 383. Conditional Use for a residential lot split of less than five acresgranted to Owner Arthur May, issued by Wright County. 2. Order Granting Conditional Use, dated February 23, 1978, Book 72 of Miscellaneous at page 468. Conditional Use permit for a residential lot split of less than five acres granted to owner, Donald Greninger, issued by Wright County. 3. Deed Restriction, dated December 2, 1982, Book 81 of Miscellaneous at page 347. Prohibiting any further subdivision of quarter- quarter section applied to Donald Greninger by Otsego Township. Letter to Otsego City Council January 27, 2003 Page 2 4. Deed Restriction, dated February 24, 1986, Book 87 of Miscellaneous at page 764. Prohibiting any further subdivision of quarter- quarter section applied to Donald and Phyllis Greninger by Otsego Township. 5. Order of Variance, dated December 18, 1989, Book 96 of Miscellaneous at page 869. Variance granted for 1-40 subdivision based upon ordinance interpretation, no further residential building sites or divisions allowed, applied to Donald Greninger, issued by Wright County. 6. Deed Restriction dated November 14, 1996, recorded as Document No. 607673, 7. Rezoning Approval dated August 2, 1999, recorded as Document No. 687990. 8. Preliminary Plat Approval dated August 2, 1999, recorded as Document No. 687991 9. Plat Approval dated October 13, 1999, recorded as Document No. 698941. 10. Development Agreement dated September 13, 1999, recorded as Document No. 689898. 11. Development Agreement dated November 10, 1999, recorded as Document No, 698943. Most of the above listed documents relate to specific provisions on use of the property which will become moot at the time of rezoning and final plat approval of the property in question. According to the City Engineer, the developer's requirements contained within the Developer's Agreements have been met at this time. One provision of the Developer's Agreement is that the bed and breakfast be constructed and the underlying lots be combined by the end of this year. It is my understanding that Chris Bulow will be requesting that the condition be modified to allow further time to build the proposed bed and breakfast. Since this modification was included only as a condition of the Developer's Agreement, the City Council can approve any change by simple Council vote. If the change in the earlier approval is approved by the Council, I will prepare a resolution covering all topics for consideration at the next Council meeting. ITEM 6.1 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: 4 February 2003 RE: Otsego - Waterfront PUD; Hotel/Waterpark NAC FILE: 176.02 - 03.02 Please be advised that the Planning Commission held a public hearing on 3 February 2003 to consider the PUD Development Stage Plan and final plat for a hotel and water park use within the Waterfront Development. Mr. Bob Fields was present to review the project details. There was no comments from the public. City staff presented new information concerning the draft Mississippi River management plan, which would exclude the subject site from the Wild and Scenic Overlay District. This change likely means that the DNR will not object to the proposed four story height of the building. After closing the public hearing, the Planning Commission voted 5-0 to recommend approval of the applications as outlined below. The application will be considered by the City Council at their meeting on 10 February 2003 at 6:30 PM. A. Motion to approve a PUD Development Stage Plan and Final Plat for a hotel/waterpark use, subject to the following conditions: 1. The height of the proposed building is subject to review and approval of the DNR in accordance with Section 20-95-22 of the Zoning Ordinance. 2. Plans are provided for the east and west facade of the hotel and for all facades of the waterpark, subject to review by the Planning Commission and approval of the City Council. 3. The landscape plan is revised to replace the ten black hills spruce trees along the east lot line with shade or ornamental trees, subject to review and approval of City Staff. 4. The site plan should be revised to provide more of a turn -around or outlet from the north end of the parking stall on the east side of the building. 5. The site plan is revised show the sidewalk along Quaday Avenue and to provide a connection between the public sidewalk and private sidewalks adjacent to the building, subject to City staff review and approval. 6. All signs must conform to Section 37 of the Zoning Ordinance and the PUD District requirements. 7. A lighting plan must be provided that illustrates the type, location and illumination pattern of all proposed exterior lighting, subject to review and approval of City Staff. 8. All grading and utility plans are subject to approval of the City Engineer. 9. The requested easement vacations are approved by the City Council based upon a finding that they serve no public purpose, subject to review of the City Engineer. 10. The applicant shall pay a cash fee in lieu of land equal to $34,692.00 in satisfaction of park dedication requirements. 11 The applicant shall enter into a development contract and pay all fees and securities, subject to review and approval of the City Attorney. 12. Comments of other City Staff and the DNR. B. Motion to deny the application based on a finding that the use is inconsistent with the Comprehensive Plan and PUD District. C. Motion to table the request. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Bob Fields/Steve Fisher 2 CITY OF o T s E G o 2-4-03 FINDINGS & DECISION WRIGHT COUNTY, NUNNESOTA PUD DEVELOPMENT PLAN & FINAL PLAT APPLICANT: Landcor Construction, Inc. APPLICATION: Request for a PUD Development Plan and final plat for construction of a 125 room hotel and 20,000 square foot waterpark on Outlots D, E, and F of the Otsego Waterfront Addition. CITY COUNCIL MEETING: 10 February2003 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: 1. The legal description of the property is Outlots D, E, and F of the Otsego Waterfront Addition. 2. The property lies within the Sanitary Sewer Service District and is guided for commercial land uses by the Otsego Comprehensive Plan, as amended. 3. The property is zoned PUD, Planned Unit Development District as approved on April 8, 2002. The PUD District is subject to the uses and performance standards allowed in the B-3 District, except as expressly modified. The PUD District is further subject to the PUD Development Plan and PUD Development Standards incorporated as part of said District. 4. The Planning Commission and City Council must take into consideration the possible effects of the PUD District and PUD Development Plan with their judgement based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: - A. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The Comprehensive Plan describes this area as the City's primary commercial area to be developed with uses that serve local and regional markets. The opportunity for a hotel and recreational amenity at this location is consistent with the City's goals for this area of the community and is consistent with the overall project development plan. B. The proposed use's compatibility with present and future land uses of the area. Finding. The subject site is surrounded by other commercial uses. The site and design provides an appropriate face to the City's gateway and is consistent with the character of the overall project. C. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The proposed use will conform to all applicable development regulations, including those standards or requirements modified or incorporated as part of the PUD District. D. The proposed use's effect upon the area in which it is proposed. Finding:The proposed use will have a positive impact to the community in terms of expanding service and recreation opportunities, expanding the City's tax base, contributing positively to the City's identity with a high quality site and building design, and utilization of available municipal utilities. E. The proposed use's impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. F. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: Traffic generated by the proposed use will be within the capacity of streets serving the area required as part of the overall PUD Development Plan. G. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Finding: The proposed use is not anticipated to have a negative impact to the City's service capacity. The project will contribute to the City's tax base to support its service capabilities and utilize available infrastructure improvements. 7. The planning report dated 29 January 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. 3. The memorandum dated 30 January 2003 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. 9. The Otsego Planning Commission conducted a public hearing at their regular meeting 3 February 2003 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 5-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the requested PUD Development Plan for a 125 room hotel and 20,000 square foot waterpark within the Waterfront 4th Addition Final Plat is hereby approved based on the most current plan and information received to date, subject to the following conditions: 1. The height of the proposed building is subject to review and approval of the DNR in accordance with Section 20-95-22 of the Zoning Ordinance. 2. Plans are provided for the east and west facade of the hotel and for all facades of the waterpark, subject to review by the Planning Commission and approval of the City Council. The landscape plan is revised to replace the ten black hills spruce trees along the east lot 2 line with shade or ornamental trees, subject to review and approval of City Staff. 4. The site pian should be revised to provide more of a turn -around or outlet from the north end of the parking stalls on the east side of the building. 5. The site plan is revised show the sidewalk along Quaday Avenue and to provide a connection between the public sidewalk and private sidewalks adjacent to the building, subject to City staff review and approval. 6. All signs must conform to Section 37 of the Zoning Ordinance and the PUD District requirements. 7. A lighting plan must be provided that illustrates the type, location and illumination pattern of all proposed exterior lighting, subject to review and approval of City Staff, 8. All grading and utility plans are subject to approval of the City Engineer. 9. The requested easement vacations are approved by the City Council based upon a finding that they serve no public purpose, subject to review of the City Engineer. 10. The applicant shall pay a cash fee in lieu of land equal to $34,692.00 in satisfaction of park dedication requirements. 11 The applicant shall enter into a development contract and pay all fees and securities, subject to review and approval of the City Attorney. PASSED by the Otsego City Council this 10th clay of February, 2003. Atte CITY OF OTSEGO LIM ,Judy Hudson, Zoning Administrator/City Clerk 3 Larry Fournier, Mayor Item 6.1 -- Hakanson Anderson 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Assoc., Inc. Phone: 763/427-5860 Fax: 763/427-0520 MEMORANDUM To: Honorable Mayor and City Council cc: Mike Robertson, Administrator Judy Hudson, Clerk Dan Licht, NAC Andy MacArthur, City Attorney Bob Fields, LandCor Steve Fischer, LandCor Jeff Shopek, P.E., Loucks Associates From: Ronald J. Wagner, PE Date: February 5, 2003 Re: Otsego Waterfront 4th (Outlot D, Outlot E, Outlot F) — Hotel and Waterpark We have reviewed the Construction Plans, 1/30/03 revision, for the above -referenced project and offer the following comments: 1. Reference the benchmark(s) on the Existing Conditions Plan and on the Grading, Drainage and Erosion Control Plan. 2. The hydrant shown as existing northwest of the Quaday Avenue NE cul-de-sac was not constructed. The hydrant was moved northeast of the Quaday Avenue NE cul-de- sac, near the transformer and the light pole. 3. We recommend specifying the type of curb and gutter to be used, or providing a detail. 4. All existing and proposed easements shall be shown within the plan set on the appropriate sheets. 5. The first floor elevation/lowest opening shall be called out on the Grading, Drainage and Erosion Control Plan. 6. The type of casting shall be specified for CB 4A. The casting shall be Neenah R-. 4342 or equivalent. 7. Proposed invert elevations for sanitary sewer services shall be shown on the Utility Plan. 8. It appears that the proposed watermain crossing near the southwest corner of Outlot E, Otsego Waterfront will conflict with the existing 45" x 73" RCP storm sewer. We recommend utilizing the stub approximately 100' to the southwest of the proposed hydrant and eliminating the 202' of proposed 6" DIP watermain. Civil d'Municipal �� Engineering Page 1 of 1 Land Surveying for G:\Mmiici paRAOTSEG02000\2259\ot2259hmcc2.doc Item 6.1 9. The existing stub shall be utilized for the proposed hydrant on the east side of the water park building. The stub is located in the proposed delivery driveway approximately 30' south of the proposed hydrant. 10. Provide 0.8 diameter points fall across CB 3. 11. The rim elevations and invert elevations appear to be incorrect for CB 6 and CB 5. 12. Update storm water calculations to include CB 4A and applicable drainage area. We recommend approval contingent on the above items. Page 2 of 2 \\Ha01\Shared Docs\Municipal\AOTSEGO2000\2259\ot2259hmcc2.doc Hakanson Anderson Assoc., Inc. ITEM 6.2 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 4 February 2003 RE: Otsego — Waterfront PUD; Retail Center Sign NAC FILE: 176.02 -02.19 Landcor Construction, Inc. has submitted plans for a freestanding sign to be erected for the Market West center. The sign measures 20 feet tall and has a sign area less than 100 square feet per side. The developer is proposing to locate the sign on the west side of the building along CSAH 42. The PUD District approved 8 April 2002 included the following condition related to the location of freestanding signs: h. Freestanding signs shall be limited to monument type structures constructed of the same material as the principal building. The signs are to be located at the entrance to each site, except for a convenience gas use on Lot 1, Block 1, which may locate its sign along the CSAH 39 frontage. Co -location of individual businesses on one sign at a common entrance will be allowed subject to the standard height limitation. This condition would require that the sign be located on the east side of the building on Quaday Avenue. The developer has requested that the Planning Commission and City Council consider allowing the sign as they have proposed, which would be considered a minor amendment of the approved plans and no public hearing is required. The Planning Commission discussed the issue at their meeting on 3 February 2003 and has recommended by a 5-0 vote that the sign be allowed on the CSAH 42 side of the property, as proposed. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Steve Fisher Jill N-3I-L"Hi(HI) I0:5I 1.or R 0)61Z315081j P.0UH?i r'1 Im 1-1 TL --L-- f� "'j PROPOSED Pr ON SGN rL. -- i--1 ---.--_-.----' - -..._ � PARISH AVENUE NE � ----� _ - - - - - - - - - 4 40 %?m� SCALE IN FEET RETAIL CENTER �I.�. ,.�.a.a OTSEGO, MINNESOTA t���__,'ESW ��° ",,,.,;, .� PYLON SIGN LOCATION : EN ER �- ---_ tl Im 1-1 TL --L-- f� "'j PROPOSED Pr ON SGN rL. -- i--1 ---.--_-.----' - -..._ � PARISH AVENUE NE � ----� _ - - - - - - - - - 4 40 %?m� SCALE IN FEET RETAIL CENTER �I.�. ,.�.a.a OTSEGO, MINNESOTA t���__,'ESW ��° ",,,.,;, .� PYLON SIGN LOCATION ITEM 6.3. MEMO Date: February 5, 2003 To: Mayor & Council From: City Administrator Mike Robertson Re: Waterfront Sign Costs At the December 23, 2002 Council meeting, LandCor asked the City to pay 5o0 of the costs of a sign on State Highway 101 which would identify both the City of Otsego and the Waterfront development. The Council directed LandCor to return when they had some cost estimates. I have enclosed two sign designs along with their cost estimates that LandCor has submitted for consideration. mikeschd Steve Fischer Landcor One 9464 Hemlock Lane N. Maple Grove, MN 55369 Phone: 763-315-0818 Fax:763-315-0817 'AN 1 3 2003 Proposal Date: 1/9/03 Salesperson: Dennis Mellem Job Location: same Signcrafters proposes to furnish all labor and materials as needed to fabricate and install one, 20', two sided pylon sign as per print. All lettering and logos will be halo lighted with LED letters. Lettering will be '/4 aluminum with a polyurethane enamel finish. Poles will be covered with aluminum panels. The aluminum panels will be painted with 20 -year, non -fading paint. The 8' column will be clad in brick. Sign Option A: $35,000 Sign Option B: $30,000 Projected completion date is after receipt of down payment, signed contract, approved drawings and city approval. If provisions of above include installation of sign base and/or electrical hookup, sign base is bid "under normal ground conditions only" and electrical hookup is included in bid price with adequate power brought to within six feet (6') of sign(s) area(s) by others. Total bid price: $35,000 or 30,000(Does not include charges for sales tax(es), permits, permit staff time fees, and /or disposaUrecycling fees) :'=�:= •'r_t t" ts: 50%, down payment ($17,500 or $15,000); balance due upon job completion and receipt of invoice. Authorized signature: Note: This proposal may be withdrawn by Signcrafters, Inc., if not accepted within I!we accept the prices, terms, conditions and/or specifications listed here and on reverse page, and hereby authorize you to perform the work as specified. thirty days. Customer signature Date accepted 7775 MAIN STREET MINNEAPOLIS, MN 55432 (763) 571-2995p (763) 571-3588f E -Mail: Signcrafters@SCOUTDOOR.com r Steve Fischer Landcor Inc. 9464 Hemlock Lane North Maple Grove MN 55369 Phone: 763-315-0818 1 2002 Proposal Date: 10/30/02 Salesperson: Dennis Mellem Job Location: Otsego Fax: 763-315-0817 E -Mail: Signcrafters proposes to furnish all labor and materials as needed to fabricate and install one 2 sided entrance pylon sign. Design as per print. All lettering and logos will be halo lit with LED lighting. Lettering will be t/4" aluminum with a polyurethane enamel finish. Support poles will be clad in anodized aluminum panels with a 20 -year no fade paint warranty. Lower portion of column to be clad in brick. All fabrication and installation to be performed by union employees. --$38,000.00 Projected completion date is after receipt of down payment, signed contract, approved drawings and city approval. If provisions of above include installation of sign base and/or electrical hookup, sign base is bid "under normal ground conditions only" and electrical hookup is included in bid price with adequate power brought to within six feet (6') of sign(s) area(s) by others. Total bid price: $38,000.00(Dgks not include charges for sales tax(es), permits, permit staff time fees, and rec Payment terms: 50% down payment ($19,000.00); balance due upon job completion and receipt of invoice. Authorized signature: a'L4 Denn�em Note: This proposal may be withdrawn by Signcrafters, Inc., if not accepted within thirty days. Uwe accept the prices, terms, conditions and/or specifications listed here and on rt-werse page, and hereby authorize you to perform the work as specified. I Customer signature Date accepted 7775 MAIN STREET MINNEAPOLIS, MN 55432 (763) 571-2995p (763) 571-3588f E -Mail: Signcrafters@SCOUTDOOR.com — 24" T "I OTSEGO WATFRFRONT WINT ; 117-C" —24- �— 30' —1 .IM 1-- 30" —+ MQFILE S 1 C{ 1 a / �cYf%'CQ- OEM MEN OEM EMIR �Vl'l 'im Mim ( 8iAncraRcr8 ) 8igncrafte-r8 mom Eti fey' 8igncrafte-r8 Hakanson Anderson Assoc., Inc. 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Phone: 763/427-5860 Fax: 763/427-0520 CITY OF OTSEGO CITY COUNCIL CITY ENGINEER'S AGENDA February 10, 2003 Item 7.1: Discuss Page Avenue Alternate Typical Section Item 7.2: Any Other Engineering Items Civil 6- Municipal �� Engineering G:\MunicipaMOTSEGO\Agendas\2003\councila6gryda2lffging for �a�r.}�1OSRaxuAf� u� TYPICAL STREET SECTION 1 ���vwnu� owK sten mss rwrr—�vw�-4 o.. '•• TYPICAL STREET SECTION 2 "'•'• anv Taco Ra. �air�����rwc rk oRMr�•,awa��oa� r TYPICAL STREET SECTION a ow .R urs• iotas �, air+�u��fu.< aniu�—saAm�—` l.Oa TYPICAL STREET SECTION 4 0. r •� TYPICAL STREET SECTIONS u�1r � Rio. £ ¢ r 36er �a.11+�,y��,lM( MSS 1l.VF�-9MI1.RfER ' I �O.S� --I fn / 4 TYPI&L STREET SECTION a Option., . _ Pros .. - Com. _ 1 • Provides mom k)r parking or disabled • Too wide 6r home owrcn on west side orpa vehkLm Ave. NE (Road is wihn rigbt-of way). • W kWwk - bike patWwak path • Affects aees/firdticape. • Centerline Ofroad on''/. section line - - - • Lies Ip with Page Ave. NE to souh - • Wide boulevard between bike path and road 6r safety and snow storage. 2 • hest width taken than Option I, yet • No parking a8uwed, either side. still safe enough Ihr emergency shoulder and room to pass by yubage trucks, postalvehi:k etc. : • W idelsafe — bike pad&ak path • 7Narrow boulevard between bike path and mad; less safe and less snow storage. • Lies up well with Page Ave. NE to • Cerserim ofmad is 6 feet east of/. sLction fire. South, using tun lane. e. 3 • less width thin Option 1, yet std sak • 1.67 feet ck)ser to west hoses than Option 2. enough • Pronles parking hue on west s'kde. • I Narrow boulevard between bike path and mad; less sa& and less snow storage. • W klr/sak — bike pmWwak path • :Cenerlie of mad is 6 Let east Of/. section line. • Lies up well with Page Ave. NE to soULK using tun kue. 4 • Less width than Option I, yet still safe • Parked occupants will have to cross Pape Ave. enough NE • Provdcs parking lite on east We. • Narrow boulevard between bike pude and mad; . less sak and kss snow storage. • West curb moves 0.33 feet to the Narrow bike pack compared to Options 1, 2 ,east, compared to options 2 & 3. and 3. . • Lies up okay with Page Ave. NE to • '.Centerline ofroad is 6.33 feet east of/. section 'sot9d4 using tun kme. fie. _ 5... _. - - — lass widdl than Options I, yet stir fe sa - - - e --- . _ . _- - •llaavt drsiahle ie up too Page Ave. Nli (ofallA enough. Options) • Provides parking lae on west side, • Narrow boulevard between bike path and mad; sure as Option 3. less safe and less snow storage. • West cub moves 0.33 feet to the • Narrow bike path, compared to Options I, 2 ea% compared to Options 2 and 3. and 3. • Uses up okay with Page Avenue NE • Censerim of road is 8 feet cast of/. section fine. to the south using am hne. 6 • lass width Ocm Option 1, yet still sak • East cub 1.67 feet kstler west than Options 4 eaougK and 5. • Cerserfie ofmad s 4.33 feet east of • Parking Occupants will have to cross Page section fie. Averse NE • Provides parking fire on east side. • Narrow bo uk:vand between bike pads and mad; Usti sale and less snow sturage. • W ddr/safe - bike padVwak path • Lines Ip okay with Page Ave. NE to soak using tun kue. —aJr'� Hakanson TYPICAL SECTIONS sr1f, Anderson PAGE AVENUE N.E. 1 car Assocjnc. M.S.A.P. 217-103-03 cox• R r , ,,, „, o R v , „R IMP. PROJECT 02-09 1 WE __- _- -- �� ,,,�� atiy _ CITY OF OTSEGO MINNESOTA Tier One, LLC dba I1 c 2 !-1 Black Woods Grill & Bar 544 3rd Street #102 - 4 iru Elk River, NIN 55330 February 4, 2003 City of Otsego 8899 Nashua Ave NE Otsego, MN 55330 Dear Judy Hudson, ITEM 5.1. Black Woods Grill & Bar serves an extensive brunch buffet in Duluth NIN every Sunday from 9:00 am to 2:00 pm. We were granted permission to sell alcoholic beverages to coincide with the opening of our buffet. We would like similar consideration in our Otsego location and commence selling alcohol at 9:00 am on Sundays only. Black Woods is proud to be part of the Otsego community. Be assured we take very seriously our commitment to be a responsible provider of alcohol beverage in your city. Thank you for your consideration of our proposal. Sincerely, Brian Flaherty Tier One, LLC __ .. . .._.. . --- . ..x i i 'i ' 61 luf I u 4418823 P-02 Mel -11-10 To: Otsego City Council From: David R. Wendorf -g:) Date: February 5, 2003 Re: Sunday On -Sale Liquor Hours Our office received a request for information concerning Sunday on -sale liquor hours. Pursuant to Minnesota Statute §340A.504, subdivision 3(a), a restaurant which holds an on -sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises together with the sale of food between the hours of 12:00 noon on Sundays and 1:00 a.m. on Mondays. Pursuant to subdivision B of that section, the City may after one public hearing by ordinance permit a restaurant to sell alcoholic beverages for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. on Sundays and 1:00 a.m. on Mondays. That subdivision also requires that the licensee comply with the Minnesota Clean Air Act. The statute does not provide a specific notice period for the meeting to adopt the alternative Sunday on -sale hours. Therefore, under the open meeting law, the City must provide at least 3 days notice for a special meeting addressing that issue. However, the City may want to consider providing a longer notice period of 10 days to better ensure that all interested parties can attend the hearing and offer comment. Under subdivision C of that section, the restaurant serving the intoxicating liquor on Sundays must obtain a special Sunday license. The license must be issued by the City for a period of one year, and the fee for the license may not exceed $200.00. if the City Council has any questions or comments, please feel free to contact our office. Couri & MacArthur Law Office Mel -11-10 To: Otsego City Council From: David R. Wendorf -g:) Date: February 5, 2003 Re: Sunday On -Sale Liquor Hours Our office received a request for information concerning Sunday on -sale liquor hours. Pursuant to Minnesota Statute §340A.504, subdivision 3(a), a restaurant which holds an on -sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises together with the sale of food between the hours of 12:00 noon on Sundays and 1:00 a.m. on Mondays. Pursuant to subdivision B of that section, the City may after one public hearing by ordinance permit a restaurant to sell alcoholic beverages for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. on Sundays and 1:00 a.m. on Mondays. That subdivision also requires that the licensee comply with the Minnesota Clean Air Act. The statute does not provide a specific notice period for the meeting to adopt the alternative Sunday on -sale hours. Therefore, under the open meeting law, the City must provide at least 3 days notice for a special meeting addressing that issue. However, the City may want to consider providing a longer notice period of 10 days to better ensure that all interested parties can attend the hearing and offer comment. Under subdivision C of that section, the restaurant serving the intoxicating liquor on Sundays must obtain a special Sunday license. The license must be issued by the City for a period of one year, and the fee for the license may not exceed $200.00. if the City Council has any questions or comments, please feel free to contact our office. MN ST § 340A.504 M.S.A. § 340A.504 MINNESOTA STATUTES ANNOTATED POLICE REGULATIONS CHAPTER 340A. LIQUOR RETAIL SALES REGULATIONS Copr. C West Group 2003. All rights reserved. Current through End of 2002 1st Sp. Sess, 340A.504. Hours and days of sale Page 2 ot" 11 Page 1 Subdivision 1. 3.2 percent malt liquor. No sale of 32 percent malt liquor may be made between 1:00 am. and 8:00 a.m. on the days of Monday through Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday, provided that an establishment located on land owned by the metropolitan sports commission, or the sports arena for which one or more licenses have been issued under section 340A.404, subdivision 2, paragraph (c), may sell 3.2 percent malt liquor between 10:00 a.m. and 12:00 noon on a Sunday on which a sports or other event is scheduled to begin at that location on or before 1:00 p.m. of that day. Subd. 2. Intoxicating liquor, on -sale. No sale of intoxicating liquor for consumption on the licensed premises may be made: (1) between 1:00 a.m. and 8:00 am. on the days of Monday through Saturday; (2) after 1:00 a.m. on Sundays, except as provided by subdivision 3. Subd. 2a. Certain dispensing exempt. Where a hotel possessing an on -sale intoxicating liquor license places containers of intoxicating liquor in cabinets in hotel rooms for the use of guests staying in those hotel rooms, and a charge is made for withdrawals from those cabinets, the dispensing of intoxicating liquor from those cabinets does not constitute a sale for purposes of subdivision 2. Subd. 3. Intoxicating liquor; Sunday sales; on -sale. (a) A restaurant, club, bowling center, or hotel with a seating capacity for at least 30 persons and which holds an on -sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 12:00 noon on Sundays and 1:00 a.m. on Mondays. (b) The governing body of a municipality may after one public hearing by ordinance permit a restaurant, hotel, bowling center, or club to sell alcoholic beverages for consumption on the premises in conjunction with the sale of food between the hours of 10:00 am. on Sundays and 1:00 a.m. on Mondays, provided that the licensee is in conformance with the Minnesota Clean Air Act. [FNl] (c) An establishment serving intoxicating liquor on Sundays must obtain a Sunday license. The license must be issued by the governing body of the municipality for a period of one year, and the fee for the license may not exceed $200. (d) A city may issue a Sunday intoxicating liquor license only if authorized to do so by the voters of the city voting on the question at a general or special election. A county may issue a Sunday intoxicating liquor license in a town only if authorized to do so by the voters of the town as provided in paragraph (e). A county may issue a Sunday ;ntoxicatirg liquor fl -Cense it. unorganized teTitory only if authorized to do so by the voters of the election precinct that contains the licensed premises, voting on the question at a general or special election. Copr. 0 West 2003 No Claim to Orig. U.S. Govt Works iiaurirLnur IU 4418823 P.04 Page 3 of 11 MN ST § 340A.504 iti1.S.A. § 340A.504 Page 2 (e) An election conducted in a town on the question of the issuance by the county of Sunday sales licenses to establishments located in the town must be held on the day of the annual election of town officers. (f) Voter approval is not required for licenses issued by the metropolitan airports commission or common carrier licenses issued by the commissioner. Common carriers serving intoxicating liquor on Sunday must obtain a Sunday license from the commissioner at an annual fee of S50, plus S20 for each duplicate. Sub& 4. Intoxicating liquor, off -sale. No sale of intoxicating liquor may be made by an off -sale licensee. (1) on Sundays; (2) before 8:00 a.m. on Monday through Saturday; (3) after 10:00 p.m. on Monday through Saturday at an establishment located in a city other than a city of the first class or within a city located within 15 miles of a city of the first class in the same county; (4) after 8:00 p.m. on Monday through Thursday and after 10:00 p•m. on Friday and Saturday at an establishment located in a city of the first class or within a city located within 15 miles of a city of the first class in the same county, provided that an establishment may sell intoxicating liquor until 10:00 p.m. on December 31 and July 3, and on the day preceding Thanksgiving day, unless otherwise prohibited under clause (1); (5) on Thanksgiving Day; (6) on Christmas Day, December 25; or (7) after 8:00 p.m. on Christmas Eve, December 24, Subd. S. Bottle clubs. No establishment licensed under section 340A.414, may permit a person to consume or display intoxicating liquor, and no person may consume or display intoxicating liquor between 1:00 a.m. and 12:00 noon on Sundays, and between 1:00 a.m. and 8:00 a.m. on Monday through Saturday. Subd. 6. Municipalities may limit hours. A municipality may further limit the hours of sale of alcoholic beverages, provided that further restricted hours must apply equally to sales of 3.2 percent malt liquor and intoxicating liquor. A city may not permit the sale of alcoholic beverages during hours when the sale is prohibited by this section. CREDITS) 1990 Main Volume Laws 1985, c. 139, § I; Laws 1985, c. 305, art. 7, § 4; Laws 1985, 1st Sp., c. 16, art. 2, § 3, subd. 1. Amended by Laws 1987, c. 5, § 4, eff. March 18, 1987; Laws 1987, c. 152, art. 1, § 1; Laws 1988, c. 420, § 1; Laws 1989, c. 49, §§ 3, 4; Laws 1989, c. 49, § 5, eff. April 25, 1989; Laws 1990, c. 554, § 14. 2003 Electronic Pocket Part Update Amended by Laws 1991, c. 249, §§ 21, 22,31; Laws 1992, c. 513, am 3, § 60, eff. July 1, 1992; Laws 1994, c. 611, § 26; Laws 1997, c. 129, art, 1, § 8, eff. May 10, 1997; Laws 2002, c. 318, § 2, eff. April 6, 2002. Copr. C West 2003 No Claim to Orig. U.S. Govt. Works ITEM 9. 1. A CITY OF OTSEGO POLICE COMMISSION BYLAWS ESTABLISHMENT: A Police Commission is hereby established to advise the Otsego City Council on police matters. MEMBERSHIP: A) Composition - The Commission shall consist of seven (7) members. There shall be two Councilmembers to act as liaison between the Commission and the City Council. B) Membership - All members of the Commission shall be appointed by the City Council and shall serve at the will of the City Council. All adult residents and business property owners of Otsego are eligible to be appointed to the Commission. The City Council may establish term lengths for Commission members service. C) Council Liaison - The Council liaison shall be appointed by the Mayor with ratification by the City Council. The Council liaison is neither an officer nor a voting member. TERMS: The terms of the Commission shall be three years. Some initial members shall be appointed for one or two years in order to set up a rotation of terms. VACANCY: In case of a vacancy during the term of office of any commissioner, the City Council shall appoint a new member to serve the remainder of the term. A vacancy shall exist if any one of the following occur: death, disability, residence outside the City, resignation, or removal by majority vote of the City Council. LEGAL ADVISOR: The City Attorney shall serve as the legal advisor the Commission. Questions of the City Attorney shall be directed through a Councilmember or the City Administrator. MEETINGS: The Police Commission shall hold quarterly meetings. All meetings of the Commission shall be open to the public and have to meet the State Open Meeting Law requirements. Part of each meeting agenda must include an open forum for citizen comments. OFFICERS: The Commission shall elect from its members a Chair, Vice -Chair, and a Secretary A) Duties of Chair - The Chair shall preside at the meetings of the Commission. With the assistance -of City staff the Chair shall prepare the agenda of the meetings of the Commission. The Chair can call a Special Meeting of the Commission under State Open Meeting law requirements. B) Duties of Vice -Chair - The Vice -Chair shall preside at meetings in the Chair's absence. C) Duties of Secretary - The Secretary shall keep the minutes of the meetings of the Commission, which shall include any motions of recommendation to the City Council. The City Council may appoint a City Staff member to act as Secretary if they so chose. City staff cannot be voting members or officers. DUTIES AND FUNCTIONS: The duties and functions of the Police Commission shall be as follows: A) To develop a citizen complaint procedure on matters regarding police services. 0 B) To promote public interest in and an understanding of police work. C) To serve as a forum for the citizens of Otsego to voice their opinions regarding community safety and police services. D) This is not a Police Civil Service Commission with those powers granted such a commission under Minnesota state law. E) The Commission is not the supervisor of the Wright County Sheriff and the Sheriff's Deputies. That authority remains with the City Council. F) The Commission does not exist to make recommendations regarding; 1) Continuing, modifying, or ending the contract with the Wright County Sheriff. 2) Whether to start a City Police Department. 3) Development or other growth related issues. 4) Highway or street design or reconstruction. COMPENSATION: Compensation for Commission members will be established by City Council action. AMENDMENTS: This ordinance shall be amended only by majority vote of the City Council. 3 ITEM 9.1.B. MEMO Date: February 5, 2003 To: Mayor & Council From: City Administrator Mike Robertson Re: Senator Ourada's Liquor Bill As discussed at the last Council meeting, I have summarized below the provisions of State Senator Mark Ourada's proposed liquor bill that deal with local governments. I suggest that a Council consensus of favor/opposed will probably be enough of a response for most of the provisions. Or we can give as detailed a response as anyone wishes. I will send Senator Ourada a response after the Council meeting. 1. REMOVING 3.2 BEER AS A SEPARATE CLASS OF ALCOHOL AND CONVERTING ALL CURRENT 3.2 LICENSES TO REGULAR MALT LIQUOR LICENSES. 2. REMOVING THE RESTRICTIONS ON THE AMOUNT (FORMERLY 10) OF SEASONAL (LESS THAN 9 MONTHS) LIQUOR LICENSES A COUNTY BOARD CAN ISSUE IN AN UNINCORPORATED AREA. 3. REMOVING RESTRICTIONS ON AMOUNT OF LIQUOR LICENSES A MUNICIPALITY CAN ISSUE. 4. EXTENDING BAR CLOSING TIME FROM 1:00 A.M TO 2:00 A.M. S. ELIMINATING ALL LIMITATIONS ON COMPETITION TO MUNICIPAL LIQUOR STORES SUCH AS DISTANCE AND REQUIRING MUNICIPALITIES TO ISSUE AN OFF -SALE LICENSE TO ANYONE WHO WANTED TO ESTABLISH A LIQUOR STORE WITHIN THE MUNICIPALITY AS LONG AS THEY MET STATE GUIDELINES FOR OWNING A LIQUOR STORE. 02/06/2003 14:45 612-332-0935 DAMON FARBER ASSOC 1 C P LF r r r � tD ID P^ fd 1� n n N M Y N w • M Y V {q N g s us u a ev M N rpp► �f wM y 8 pw S 0 QN i[CCj1 Q O pM � pM O pM O [N O p O (M� O ^8 :Cp�S7� jaOj�' (Oy Qg N N N N N N N w �► M M N N N w M M co 8 E3 B 8 $ 8 $ _ N S ri N Y N M w M M W 10 N m r ti f M f o W r AalN N M M A M a N 8S 8 h g 8 8 S 8 S B S g ai R % r48 6-, oVi d O O Y7 t+ ifl l0 4 w M WW .o0 its N r SpA SpoA M G O N O pN O ti A pN O pp OO 0 p 0 p pM 8O S OO g 88 • IA N N N N �1 N M M p p N N N oN W Q W iD ~ W�j O 6 LU Q re ►i �6 [L!! 1 C P LF OOSS9 5jE5#j NOH#g 9EG@-3EE-EI9 SV:fl EB@J/]@/RH r @ L .4 Zn■ -§ g _ _ » _ , — # 7 ■ ■ a E § � � $ 7 ? % # § — 2 � � . . - - - - - - - - — - - - w — - - -on - - - - - - - - - - � § - - — - - - - - — - - to pi � ¥ B k § § \ \ k -- rd - - to - - - - - - — - to § f 8 E B - - - - - — - - - - - - / \ \ 'CO j \ - - - — - - - - - - - - - a OOSS9 5jE5#j NOH#g 9EG@-3EE-EI9 SV:fl EB@J/]@/RH 02/06/2003 14:45 612-332-0936 DAMON FARBER ASSOC iW q y N y N N NVp R r4 ti r N y N w M N M N N N �► q q M oN oM Qq ow r r �• w M N N M 4i Joel I"— » Ili twM �QiH pN H rte. pw O '" � S QM O pN QQO Op8 pM pM O S Og $ pQ�gj` RI SO ppO c((VVV YYY r N N IA N N Mcm M �► » M N N M 7A M N N S W r h (y C ♦ O N f N N � M w r• N N Mlob N N M w y N N w N N 17 WX N M y M M N y M M M M r: v ori u) � m I .� N �• q M w M M N M N N M N N N N M N r M 88 8 8 8 `° 8 $ N N � � � Ln f N r► y w •1 19 N I► N N Joe r O pQN 8M O pqN OqQ? 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