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03-09-98 CC
CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 4. Open Forum: (SMin Limit) Elaine Beatty Council of 3/9/98 6:30PM ITEM NUM33ER: ITEM DESCRIPTION: PREPARED BY: EB, CC 4.1-SRecial orpsentation: A. Leo offerman, Key Account Executive, Wright Henn. Elec. Disc. of Wright -Hennepin Electric items (see attached letter). B&CK BQM Attached is a letter from Leo Offerman, Key Account Executive of Wright -Hennepin Electric. He has a list of items he will explain to the Council. RECCHMENDATION: This is for Council information. Thanks, A Elaine BOARD DIRECTORS • Alvin E. Heinz, President Rogers, MN • Chris A. Lantto, Vice President Annandale, MN Dale F. Jans, Secretary -Treasurer Buffalo, MN • Timothy L. Young, Annandale, MN Ms. Elaine Beatty City Of Otsego 8899 Nashua Ave. NE Otsego, MN 55330-7314 Dear Elaine, Wright -Hennepin cooperative Electric Association PO Box 330 • Roddord MN 55373.0330 Metro • (612) 477-3000 Toll Free • 1-800-943-2667 24 -Hour Fax • (612) 477-3054 • Butch A. Lindenfelser, Monticello, MN • Howard L. Ellis, Buffalo, MN • Thomas B. Mach, Maple Grove, MN • Sandra M. Hunz, Maple Plain, MN • Donald A. Lucas, Maple Grove, MN GENERAL MANAGER • Mark F. Vogt, Annandale, MN FEB 2 31998 . -J February 19, 1998 31 Thank you for the opportunity to be put on the agenda for your March 9`h City Council meeting. The purpose of my presentation will be to cover the following items: Electric Utility Deregulation and its effects on Otsego and its residents Scheduled Wright Hennepin line construction or maintenance in Otsego Economic Development Initiatives Street Lighting I hope that this information e satisfactory leaseor you. I look forward to contact me if I may be of assistance. e opportunity make this presentation to th Sincerely, Leo O Key Account Executive THE POWER OF CHOICE NNW- 14; di a Wt� a I k.m: 4 111 _n OTSEGO IMINNESOTA WASTEWATER TREATMENT FACILITY PROPOSED S(TE PLAN J. tft- ONE ............ *0! - - ---- --------- ----- .v - ---------- ------------- --- ... ......._'E) CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 4. Open Forum: (5Min Limit) Elaine Beatty Council of 3/9/98 6:30PM ITEM r - • PREPARED 4.A. Council Annual goviAw of CLTp f e=is Fehn (For Grad-ing. Mining and Exca,-r-tion RR) (S- attached information) BACKGROUND: This CUP for Mining to Dennis Fehn was approved by the former Frankfort Township and transferred to Otsego when the land became part of Otsego through annexation. One of the conditions of approval is an annual review of this CUP. I have attached the permit information you will need to conduct the review. Also I have information from Hassan Township residents who are asking the Council to further limit hours of operation. RECOWRMATION : This is for Council information and any decision. Thanks, lame CITY OF TSEGO 8899 Nashua Avenue N.E. ON THE GREAT RIVER ROAD (612) 441-4414 Elk River, MN 55330 Fax: (612) 441-8823 February 24, 1998 Mr. Dennis Fehn Dennis Fehn Gravel, Inc. 11900 - 50TH ST NE Albertville, MN 55301 Dear Dennis: This letter is to inform you that on March 9th, 1998 at 6:30, the City Council of Otsego will conduct a review of the above mentioned Conditional Use Permit which was granted on April 1, 1991. One of the conditions of the permit is to have an annual review in March each year. Also, the letter of credit we have in place expires on March 4,1998 at 4PM. We need to have this letter of credit renewed before it expires on this date. We will look forward to meeting with you on March 9,1998 at 6:30PM. Thank you for your cooperation in this matter. Sincerely, CITY OF OTSEGO 5�1 Elaine Beatty, City Clerk/Zoning Adm. eb CC: Mayor and Council Mike Robertson, City Administrator Judy Hudson John Harwood/Larry Koshak, Engrs. File ADENDUINI TO: PROPOSED CONDITIONAL USE PERI IIT GRADING, Mr NG AND EXCAVATION S1/2 OF SECTION 1, TWP 120N, R23N RE: CITY COUNCIL OF OTSEGO ANNUAL REVIEW OF TNUtING AND EXCAVATION PERMLIT - FOR MR DENNIS FEHN After annual review of the above mentioned Mining and Excavation permit for Mr. Dennis Fehn, by the City Council on March 10, 1997 the following conditions were agreed to: 1. Five Cents a Cubic Yard will be charged for material mined and paid by December 31 each year, to the City of Otsego. (Starting date is March 10, 1997) 2. Hours of Operation will be: 7AM to 7PM - Monday through Friday 7AM to 5PM - Saturday 3. No CRUSHING as follows: - After 5PM Monday through Friday - No Crushing on Saturdays After discussion and review with with Dennis Fehn, this addendum was agreed to unanimously by the City Council on March 10, 1997. CITY OF OTSEGO 4Y K� FR,! M A Y -OR i LARRR ;RK .DM. Otsego City Council Meeting of March 10, 1997, cont'd. Page 4. 7.2_ Lipdare Council mi f -Co_ Mr. MacArthur had previously distributed to the Council copies of recent letters sent by Mr. Lenhardt and himself. . r City Planner (Heritage.tif��FSi Previously 7-4- Any other Legal Bud •ness- CM Heidner pointed out in view of what has happened with potential violation of a CUP has made him questioned what is the City's procedure for dealing with violations and what is the Council's responsibility and involvement. He suggested to review this and set a policy. Mr. MacArthur said he has looked at other cities standard CUP forms. He suggested a more comprehensive standard CUP Form which cover site inspections etc. Mr. Kirmis thought it would be more appropriate to amend the ordinance rather than changing the CUP to cover inspections. Kevin Kielb went over this issue as outlined in the attached engineering report. He asked for Council consideration of the engineer attending a meeting at Wright County on March 17 regarding this issue. CM Ackerman motioned authorization for the City Engineer and CM Berning to attend the March 17, 1997 County Transportation meeting. Seconded by CM Heidner. All in favor. Motion carried. �� AnnLal review of the Dennie Fehn � vel, Tnc , Mining P .rmit nn th_e ahn -p,�:�r Kevin Kielb went over the report and recommendations as contained in the attached engineer's report. Mr. MacArthur noted this CUP was issued by Frankfort Township in 1991 and should be reviewed each year. City Council L*vleeting of March 10, 1997, cont'd. Page 5. Dennis Fehn, Owner, stated under Frankfort, hours of operation were allowed between 7 Am and 7 PM, normally work didn't exceed 5:30 PM. They would like to be able to continue working Saturdays since more customers are home than and they can haul gravel to them. The Council discussed with Mr. Fehn hours of crushing, which seems to be the problem of any complaints. They also discussed charging five cents per cubic yard. CM Wendel motioned to renew permit with corrections of hours of operation: 7 AM to 7 PM Monday through Friday and 7 AM to 5 PM on Saturday with no crushing atter 5 PM Monday through Friday and no crashing on Saturdays and a five cent charge per cubic yard. All in favor. Motion carried. 8.4_ Flood Potential Rem Mr. Kielb gave a report on his meeting at Wright County regarding potential flooding which is attached. He noted the Corp of Engineering and the DNR did not attend. His recommendations are listed in his report which mainly included notification to residents. Mayor Fournier asked the engineer if it would be possible to control discharge on the pond southwest of Nashua and 85th Street to help control flooding Mrs. Woods discussed earlier. Mr. Kielb stated he will contact the DNR and let Elaine Beatty know. The council discussed this and possible solutions. The Council agreed if it can be controlled the Maintenance Department should do something ASAP. 8.5_ Any other Fnginepring hLsine�s_ Regarding the 62nd Street issue, Mr. MacArthur informed the Council that all but one property owner has signed the agreement. He wants to talk to that property owner and make sure he understands why he isn't signing the agreement. He feels since the majority signed, the City can continue plowing for the rest of this season. The residents have indicated they will petition the city to take over 62nd Street. Mr. MacArthur noted the residents are to give the City the full ROW and they could request waiving of paving but that would be a Council decision. CM Wendel questioned if the City has waived paving of other roads when taking over and why the City would change their policy on this street. Mr. MacArthur explained this would be a council decision. This street is preexisting and any waiver would not affect new subdivisions but he recommends a full ROW. A_ Letter from Chris Bulow re_ Proposed wetland sal Arad . Mr. Kielb reviewed Mr. Bulow's request with the Council as outlined in the attached report. Mr. Bulow noted this parcel is between five and seven acres. Appraisal was done by Riverside Appraisals and can be obtained from the Bank of Elk River. If the City is not interested, he will probably bank some wetland and construct a home. GGI y PROPOSED CONDITIONAL USE PERMIT GRADING, MINING AND EXCAVATION S1/2 OF SECTION 1, T120N, R23N On April 1, 1991, the Town of Frankfort, Wright County, Minnesota ("Township"), issued a Conditional Use Permit to Dennis Fehn for excavating and exporting materials in the A-2 Agriculture District on the property legally described as follows: Township of Frankfort, County of Wright, Section 1, Township 120, Range 23, East Half of Southwest Quarter in County and Southeast Quarter in County Ex TR DES beginning at point on North Line of Northwest Quarter of Southeast Quarter being 318.14 feet West of Northeast Corner then West 63 feet then South, 119.45 acres. This permit is issued pursuant to Sections 1004 and 1100.9 of the Frankfort Township Zoning Ordinance. The duration of this conditional use permit is one year from the date of issuance with annual renewal for 10 years so long as the conditions imposed herein are complied with. The 'conditions of this permit are as follows: 1. A phasing restoration plan shall be provided and followed to minimize erosion on the site and which plan shall not allow for more than five acres to be exposed at any one time. Mining of the site shall be phased to start on the west side and work to the south or southeast. Restoration as used herein shall be defined as meaning grading and topsoil replacement and grass seeding such that turf is established which will prevent water and wind erosion. The restoration schedule proposed in the permit application shall be as stated in Ordinance 1100.9. 2. All final slopes shall be less than 23% in grade. 3. All grading and excavating shall be limited to 250,000 cubic yards. Subcut below final proposed grade shall be made only for the purpose of soil correction and minor adjustment of subgrade prior to application of the topsoil layer to final proposed grade. 4. The topsoil applied to the property shall not exceed 12 inches in depth. 5. That the access to the subject property shall be from County Road No. 36 and the applicant shall apply to the county for a driveway access permit. The applicant shall also maintain the haul roads in a clean condition and remove all spillage of material onto paved roads. 6. The site shall be properly safeguarded to prevent the general public from depositing garbage or other refuse in the site. ♦�1 7. Existing tree and ground cover shall be preserved to the extent feasible. All trees along the Crow River shall be protected and preserved. 8. No excavation or digging shall be made beyond the limits for which this permit is granted and as shown on the plan dated 2/27/91 prepared by Meyer-Rohlin, Inc. 9. The mining operation shall be conducted in such a manner as to minimize interference with the surface water drainage outside of the boundaries of the operation. 10. No grading or mining operations shall occur at below an elevation of six feet above the elevation of the water table on the site. 11. The hours of operation shall be limited to the following: 7:00 a.m. to 7:00 p.m., Monday through Friday and Saturday from 7:00 a.m. to 5:00 p.m.; no operations on Sunday. 12. Stockpiled topsoil for restoration shall be stored at a height of not greater than twenty (20) feet with adequate erosion, sedimentation and duct control measure in place to assure that there is no pollution of any water body, health hazard or nuisance. 13. Dust created by travel on the access road shall be controlled by use of calcium chloride by the applicant. If it is not possible to control the dust on any given day, the extraction operation shall cease on that day. If, in the opinion of the Township Chairman, the dust created by the operation is excessive, the operation shall cease until the dust problem is abated. 14. In order to prevent excessive dust pollution, the excavation operation shall discontinue at any time when wind gusts are in excess of 30 miles per hour. 15. . All equipment used for grading, mining or filling operations shall be maintained and operated in such a manner as to minimize, as far as practicable, noises, dust and vibrations adversely affecting surrounding properties. In addition, all machinery shall be kept in good repair. Abandoned machinery and rubbish shall be removed from the site regularly. 16. All hauling operations shall be completed so as to minimize noise, safety and dust concerns to adjacent residential properties. 17. A letter of credit in the amount of $10,000 shall be filed with Township to cover any screening, buffer and turf establishment costs incurred by the Township in the restoration plan. This bond shall be kept current until the grading an excavation operation is finally completed. 18. Mr. Fehn shall be responsible for all expenses incurred in the administration of this conditional use permit and shall maintain a minimum of $500 in the CUP escrow account to assure same. 19. Insurance. The permit holder shall secure and maintain insurance from an insurance company acceptable to the Township and authorized to write casualty insurance in the State of Minnesota which will protect the permit holder, its agent and employees and the Township from claims for bodily injury, death or property damage which may arise from the operations on the mining site. The permit holder shall file a certificate of insurance or a certified copy of the insurance policy with the township. Such insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without thirty (30) days' written notice to the Township of intention to cancel. The following coverages shall be provided in amounts not less than those specified: a. Public liability, general liability, personal injury and property damage: (1) Injury or death of one person - $200,000. (2) Injury to more than one person in a single accident - $600,000. (3) Property damage - $50,000 for any one occurrence. (4) Total aggregate liability for all items - $600,000. b. Automobile and truck public liability personal injury and property damage including owned and leased vehicles; (1) Injury or death of one person - $500,000. (2) Injury to more than one person in a single accident - $1,000,000. (3) Property damage - $100,000. 20. Right to Require Performance. The failure of the Township, at any time, to require performance by the Permit Holder of any provisions hereof shall in no way effect the right of the Township thereafter to enforce the same. Nor shall waiver by the Township of any breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 21. Severability. If any provision of this Conditional Use Permit shall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. 22. Modification. This Conditional Use Permit constitutes the entire agreement and understanding between the parties hereto, and it shall not be considered modified altered, changed or amended in any respect unless in writing and signed by the parties hereto. 23. Modification Suspension or Revocation of Permit. The violation of any of the material terms of this Permit is grounds for suspension or revocation hereof. Furthermore, the Township specifically reserves the right, and the Permit Holder agrees that this Permit may be amended, a suspended or revoked by the Township as reasonably required to protect the public health, safety and welfare and the environment. Specifically, but without limiting the foregoing, the Township may amend, suspend or revoke this Permit if the Town Board determines that continued operation of the mining operation places the public health, safety or welfare or the environment in jeopardy. 24. Violation of Conditions. If the Permit Holder or his successors or assigns violate any material term or condition imposed by this Conditional Use Permit, it may be revoked and terminated. Without limiting the foregoing, the violation of any statute, regulation, ordinance or permit condition imposed by lawful governmental authority and governing. operations on the mining site is ground for revocation and termination of this Conditional Use Permit. The change, alteration or amendment of any such governmental authority other than the Township shall not excuse the Permit Holder from compliance with statues, regulations ordinances or permit conditions in effect on the date of the original issuance of this permit unless compliance is waived or excused by the Township. 25. Violation a Misdemeanor. Violation of any of the provisions of this Conditional Use Permit is. declared to be a violation of the Frankfort Township Zoning 'Ordinance in accordance with Section 2000.1 of the Zoning Ordinance. 26. Nonassignability of Permit. Any rights conferred on the Permit Holder by this Permit are personal to the Permit Holder. The Township is issuing this Permit on the basis of the credit and reputation of the Permit Holder. The Permit Holder shall not assign or transfer this permit without first obtaining approval of the Township which may allow or disallow such transfer in its absolute and sole discretion. In the event the Township declines for any reason to allow the transfer of this Permit, the Permit Holder shall either continue mining operations in full compliance with the terms of this Permit or terminate mining operations. 27. Annual Review. This CUP shall be reviewed annually by the Town Board at least 60 days prior to the anniversary date of the CUP date. Required insurance certificates shall be submitted to the Township prior to the anniversary date of the CUP. The board shall review the number of trucks used during the past year and may revise or limit the hours of operation at the time of renewal. Mr. Dennis Fehn hereby acknowledges receipt of this conditional use permit and that he has reviewed the conditions of this conditional use permit and has agreed that he will comply with the terms of the permit. Its: FRANKFORT TOWNSHIP By: Town Board Chairman Attest: - / i own 6&IerK STATE OF MINNESOTA )ss. - COUNTY OF WRIGHT On this day of , 1991 before me. a Notary Public,Jperdori21(ji t appeared and , the _arui the of , to me know to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. STATE OF MINNESOTA ) )ss. COUNTY OF WRIGHT ) On this day of appeared and the of described in and who executed the foregc executed the same as their free act and 537 Notary Public 494449 OFFICE OF COUNTY RECOROER riRI,HT COUNTY. MiHNE50TA CRRTtF;EO -;? a FILEO ON 1991 SEP 12 PM 3 22 msc• sn 100 PAGE586 MARCIA LANTTO.CO.RECOROER BY EPUTY 4/5 -"dna '-/' MAR 02 '98 13 00 FR SCIMED PURCHASING SCIMED Boston'Menti$c Corporation 612 494 1503 TO 94418823 ,,e�G w� #�� FAX TRANSMISSION P. 01/02 DATE: -3 �a " ATTENTION: COMPANY: FAX Sal ,49- S -o" -S NUISMER OF PAGES (including this one): 40- --� r 4/ DMECT PHONE Nk fZ SCIMD Life Systems, Inc. Switchboard Tel: (612) 494-1900 6655 Wedgwood Rd. Purchasing Fax: (612) 494-1503 Maple Grove, MN 55311-1566 COMMENTS: / e& "I g-A,� 44- �� 17 e v 1 e GcJ'4 f E �� dross MAR 02 '98 13:01 FR SCIMED PURCHASING 612 494 1503 TO 94418823 P.02/02 Date: October 21, 1998 To: O cSo Town Hall From: Residents near the Dennis Fenn Gravel Pit Operadun on the Wayne Lchn Farm Subject: Petition to limit hours and days of operation of Dennis Fehn Gravel Operation to Weekdays 7 -5 We would like to request that the Dennis Fehn Gravel Pit Operation located on the Wayne Lahn Farm be limited to normal working hours and work days. The constant noises from back-up beepers, heavy equipment, rock crushing and trucks is very annoying in a residential environment. The initial permit was granted under protest from residents from Grow River Heights and Crow River Terrace, neighborhoods across the river from the operation that existed prior to the mining operation. We were told by Dennis Fein at a Franfort Town Hall meeting that the operation would be part-time and would not involve rock crushing. The Frankfort Council told everyone that the permit is a yearly conditional use permit drat could be modified if complaints were cited. Now the operation is running constantly during the summer Monday thru Saturday, 7:00 AM to 7:00 PM. and rock crushing has been added to the permit. Dennis Fehn was recently contacted by a representative of the neighborhood and was asked to curtail the working hours, but was told that we need to take this issue up with the Otsego Council. Therefore, we would like the Otsego Council to consider our request for some quiet time after everyone comes home from work this sumer and limit the hours of operation to Monday - Friday, 7:00 AM - 5:00 PM. Name Terry and Theresa Olson Paul and Karen Rodosevich Larry and Presella Swenson Mark and Ranee Kraemer Debra and Paul Dubavieh Dr. Donald and Lois Jeronimus James and Joan Burkett David Mueller John Hepokoski Elaine and Earl Schulenberg Lawrence Rawlings Larry and Nancy Ladwig Pat and Barb Provo Hamid and Shirley Khoshnevis Tom and Nancy Nowek ' Frank and Annette Becker Brad and Jennifer Kimpling Marvin and Marge Ediger Dan Sheryl Vitez Address 15099 Scenic Drive, Hassan 15129 Park drive, Hassan 15150 Park Drive 15110 Scenic Drive 15063 Park Drive 15075 Scenic Drive 15069 Scenic Drive 15080 Scenic Drive 17322 53 St. Rogers (across from pit on 36) 6276 Rawlings Ave. N.E. Dayton 5854 Rawlings Ave. M.E. Dayton 15140 Park Drive 15072 Scenic Drive 15089 Scenic Drive 18970 Evergreen Lane 15071 Scenic Drive 15109 Scenic Drive 19110 Evergreen Lane 15074 Scenic Drive ** TOTAL PAGE.02 ** 1'' • 01, 11 To: Otsego City Council From: D & Y Family Limited Partnership Re: Exemption From Moratorium On March 4th we submitted a letter request to the City asking that the Moratorium be removed from the 200 + acres that we propose to develop for manufactured housing, multiple residential and retail / commercial uses. This afternoon (March 9th) we received your attorney's opinion that the request for exemption should not be allowed. We strongly disagree with this line of reasoning and conclusion since it appears that he apparently ignored the recent policy decision that development issues with respect to the Darkenwald property "shall be deferred until the capacity and potential service area of the private package treatment plant is defined and documented by the owners." With respect to various points made in the attorney's letter we offer the following: 1) Our project definitely falls within the "very limited cases where the affect is minimal and was clearly not intended". Our project will be privately financed and constructed with no risk to the city. 2) If our project is considered while the Comprehensive Plan update is being prepared the standards and our proposal can easily be conformed. 3) Out entire project is dependent on extensive residential development with an emphasis on affordable housing. Commercial / retail development is not viable without "roof tops". 4) As requested by the MCPA, we are eager to cooperate with the City in a shared "public / private partnership". We will soon have our facility plan approval from the MPCA and we respectfully request that the City remove our property from the moratorium so that we can move forward as outlined in our letter of March 3rd. Sincerely. J DDarkenwald for D imited Partnership Phone (612) 497-2428 Fax (612) 497-3893 JANUARY 7 8 15 20 21 FEBRUARY 71018 MARCH 3 APRIL - 0 DEQ'PEHN�S C'RAVEL - E%CAV00 INC. P.O. Box 256 11900 50th Street N.E. AlbertviHe, MN 55301 DATES GRAVEL HAULED FROM LAHN PIT MAY 12 14 16 19 20 21 23 27 28 30 JUNE 2369 11 1213 16 17 1819202627 JULY 1 11 14 18 21 22 23 24 31 AUGUST 4 5 6 11 12 15 19 20 21 22 25 26 27 28 29 SEPTEMBER 2 4 5 10 11 12 15 16 17 18 23 24 25 26 27 29 30 OCTOBER 1 2356710ll* 13 15 16 17 20 21 22 23 24 27 28 29 30 NOVEMBER 345671011121314171819202426 DECEMBER 1 2 4 5 9 10 11 12 15 16 17 18 19 22 23 *= SATURDAY COMMERCIAL & RESIDENTIAL SITEWORK' ROADBUILDINGi SAND & QUA MATERIALS PPORIUN17Y EMPLOYER CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 7. ANDREW MAC ARTHUR, CITY ATTORNEY Elaine Beatty Council of 3/9/98 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 7.1. Discussion of right-of-way acquisition policy A. Review and approve City Policy B. Review Procedures necessary to acquire R of W easements. C. Authorize action/services desired by motion of Council. 7.2. Discussion of Park and Recs. Otsego Family Fun Day - Lions Beer Tent 7.3. Hearing to Consider Renewal of Consumption and Display Permit for Pattern Station, Inc. DBA Riverwood Inn and Conference Center, 10990 - 95TH ST NE, Otsego, MN. 7.4. Consider request for exemption from development Moratorium - Darkenwald Family 7.5. Any other Legal Business A. Discussion of Municipal Liquor - Off Sale BACKGROUND: Andy MacArthur will provide information on 7.1, 7.2., 7.4 and 7.5 and will be here to comment on 7.3. Renewal of Consumption and Display Permit. I have attached a copy of their application for renewal and it has been reviewed and signed by Sheriff Don Hozempa. They found no problems. Also I have included a copy of the hearing notice to Elk River Star News. This is a renewal of an existing permit and we will make sure they have the proper Insurance and it will be sent to the State Liquor Control for final approval. This Permit allows them to have set upIs on Sunday when their regular Liquor On Sale Permit does not apply. 7.4.A. Discussion of Municipal Liquor - Off Sale. This item is on for discussion. Andy MacArthur will bring information and review with you. I have given out an application for a liquor license - On Sale for the F & F Foods lease space. If the Council is considering a municipal liquor store, this would be the time, as I heard from Warren Phillips that he is retiring and selling Riverview Liquorette in one year. He will give first offer to the City of Otsego he said as he had promised the former Town Board Members that he would do that when he sold. Attached is supporting information from Andy MacArthur on 7.1. A, B, C, 7.2,7.4.and 7.5. - 7.3. I have attached information on the Pattern Station Liquor License. RECCbSdENDATION : This is for Council information and any decision. On 7.3. Staff Recommendation is to Renew the Consumption and Display Permit for the Pattern Station, Inc., DBA Rive --wood Inn and Conference Center. Thanks, Elaine � , William S. Radzwill Andrew J. MacArthur Michael C. Court March 4, 1998 City Council Members City of Otsego C/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 RADZWILL & COURI Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) RE: Proposed Policy for Acquisition of Property Dear Council Members: Enclosed for your review and possible action at the next regularly scheduled City Council meeting please find a proposed policy for acquisition or land and a resolution adopting the policy. The policy is based upon a previous memo sent to you by John Harwood. (See attached). The idea is to establish a uniform policy for easement and land acquisition that would be used for all projects commenced by the City which will require any substantial land acquisition. Once the policy is adopted, it would apply to all City acquisition processes and would authorize City professional staff, under the direction of the City Administrator, to proceed with the steps in the policy as set forth without having to repeatedly come back to the City Council to have each step of the process approved. Adoption of this policy would also allow City staff to choose the most cost effective method of obtaining right of way or land parcels in any particular case. In order to initiate eminent domain proceedings it will be necessary to have a full description of all proposed takings at the time the initiating resolution is passed. Negotiation for acquisition can be authorized prior to or at the same time as the authorization to proceed with eminent domain. Letter to Otsego City Council March 4, 1998 Page 2 In the case of the proposed easement and other acquisitions for the sewer collector and water system, we would proceed to have an appraiser do an overall appraisal, which would establish land values for negotiation and eminent domain purposes. The initial appraisal could be expanded later if problems arose with the acquisition of particular parcels. A right of way company would be hired to negotiate easements. The first step in the process would be to order owners and encumbrance reports on each parcel slated for acquisition. These would be done by an abstract company, which would be far cheaper than having our office or the engineers put such reports together. These would then be transmitted to the engineer to draft legal descriptions. The reports would also indicate where all notices in the eminent domain procedure would have to go. Once all descriptions were drafted with the nature of all easements set forth, the Council would act upon a resolution ordering eminent domain proceedings and 90 day quick -take for all parcels. As negotiations were successful with individual property owners they could be dismissed from the condemnation proceedings. All those that remained unsettled would continue in the eminent domain proceedings. I have contacted Appraiser Bill Waytas and have asked him to provide an estimate for an overall appraisal of the parcels. John Harwood has also faxed Mr. Waytas information he requested regarding the proposed taking. I have had my paralegal contact various right of way companies and requested that they send information to the City. I have attached a list of those companies which were contacted. Adopting the proposed policy would establish a uniform process for acquisitions, and would place authority to oversee the process with the City Administrator. If the Council adopts the policy I would also request that by motion they direct staff to proceed with the preliminary steps of the process for the sewer collector and water system. I will be available to answer questions and further discuss this matter at the regularly scheduled City Council meeting on Monday evening. Letter to Otsego City Council March 4, 1998 Page 3 Very urs, An J. DZW 4&COURI Encls. Cc: John Harwood, Hakanson Anderson Mike Robertson, City Administrator Hakanson Anderson Assoc., Inc. `j M E M O R A N D U M TO: City Council and Staff, City of Otsego FROM: John A. Harwood, Engineer DATE: January 26, 1998 RE: Procedure for Acquisition of Right of Way or Easement 3601 Thurston Avenue Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3.30-1.- 0520 1) Engineer prepares right of way map showing alignment of proposed improvement. Transmits right of way map to City attorney. 2) Attorney supervises preparation of an ownership and encumbrance report showing who holds title and what, if any, easements and encumbrances are of record. 3) Engineer revises and completes the right of way map showing easements, acquisitions, and property requirements. The acquisitions are identified by type and can be fee title or any variety of permanent and temporary easements. 4) The completed right of way and easement acquisition drawing is presented to the City Council. After review and any modification, it is adopted by the Council along with a time frame for acquisition. Authorization for acquisition is given with acquisition by concurrent negotiation and eminent domain proceedings. 5) City staff and/or real estate appraisal consultants contact property owners and inform them of the proposed acquisition and of the process that has been and will be followed. This is the first contact with the property owners. 6) A real estate appraisal or consultant is engaged to provide a report or an appraisal of acquisition cost or damage. Under direction of the City Administrator, an offer to acquire is made. Simultaneously, under direction of the City attorney, eminent domain proceedings are initiated. 7) The acquisition process has several key elements: a) By specific action of the City Council, it is established that there is a public purpose in acquiring specific and described property rights. The acquisition is defined by the Council and once defined is certain. The only question is when, how much and what conditions are applicable to the acquisition. Engineers Landscape Architects Surveyors City Council and Staff Page 2 January 26, 1998 b) The City has an impetus to negotiate acquisition. With eminent domain, the City cannot appeal any award and thus loses control over the cost. Successful negotiation generally winds up with the best project at least cost with minimal impact to people and property. c) The property owner has impetus to negotiate. The eminent domain proceeding establishes a time frame for judicial review of the acquisition and judicial determination of damages or compensation with an award made by commissioners. Knowing that the acquisition is certain to occur and that delay is not productive, the owner has reason to negotiate cost and to negotiate conditions. Comment on the process: The City action should be consistent and professional. Everyone should be treated fairly and equally. The person who agrees early to an acquisition should not be penalized by receiving any lesser compensation than someone who fully pursues the eminent domain process. The person who does not agree and takes the process to its full conclusion should not be penalized for reasonable exercise of legal rights. The process must be pursued with respect for everyone involved. There is and will always be a question as to when people should be notified that their property is to be acquired. The process recommended does not make specific contact with each property owner until the necessary acquisition is determined and fixed by Council action. We should discuss this property owner contact timing. The recommendation is that the City use newspaper articles, newsletters, general mailings, public information meetings, and like general contacts to inform people until everything is pretty well fixed and decided. Personal contact is not made until "it's a done deal". This process can be open to criticism where people say they were not informed. I would recommend Council and Staff review of the process. We need to implement it or a like process immediately. otsl2.ccz Hakanson Anderson Assoc., Inc. MEMORANDUM Date: March 3, 1998 To: Andy From: Monica Re: OTSEGO — WWTP Right of Way Acquisition Services Ever e/en Land Service Co. contact Matt Storm 930-3100 3/3/98 Graydon R. Boeck Inc. contact: Grady 425-1950 Called and will send info. 3/3/98 North Star Land Services contact William Rottschaefer 631-1778 Called and will, send info. 3/3 or 3/4 W.D. Schock Co. contact Bob Swenson 724-8898 Called and will send info. 3/3 Wilson Development Services contact Dan Wilson 448-4630 Left message 3/3/98 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. RESOLUTION APPROVING CITY POLICY FOR ACQUISITION OF RIGHT-OF-WAY, EASEMENTS, OR PROPERTY PARCELS BY THE CITY OF OTSEGO WHEREAS, the City of Otsego will from time to time have a need to acquire various lands, right of way and easements for construction of various facilities and/or public improvement projects; and WHEREAS, these projects will require acquisition by the City of land parcels and easements; and WHEREAS, the City desires to adopt a uniform procedure for such acquisition which will be the most cost effective, convenient, and uniform so as to eliminate duplicative tasks, and so as to be fair as possible to the taxpayers of the City and individual property owners who will be affected by City action; and WHEREAS, the City has reviewed the proposed Policy for Acquisition of Land Parcels, Right of Way, and Easements. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA as follows: That the attached Policy for Acquisition of Land Parcels, Right of Way and Easements is hereby adopted as the City's policy for future land, right of way and easement acquisitions. ADOPTED this day of March, 1998. IN FAVOR: OPPOSED: CITY OF OTSEGO Larry Fournier, Mayor Elaine Beatty, City Clerk CITY OF OTSEGO POLICY FOR CITY ACQUISITION FOR RIGHT-OF- WAY, EASEMENT AND LAND PARCELS 1. A specific project is presented to City in general manner and City either authorizes project outright, or gives specific directions to staff to proceed with preparation for acquisition of needed property, pending order of project. 2. At direction of City Council, the City Engineer prepares a right-of-way map or plat or provides sufficient description of property to be taken, including the nature of the taking, and transmits the map, plat, sketch or description to the City Attorney, with a copy to the City for approval. 3. Attorney supervises preparation of an ownership and encumbrance report, stub abstract, or full abstract of property as needed, based upon the type and extent of the property and/or interest to be acquired. Copies of the completed owners and encumbrance reports are provided to the City Administrator and the City Engineer. 4. City staff contacts appraisers and right -of —way agents and provides them with adequate information to provide for estimates or quotes for services. Staff determines whether general appraisal will suffice or whether the project requires more complete appraisals. Staff also determines whether or not independent contractor is needed to proceed to negotiate for acquisition, or whether the scope of the project is such that the task of negotiation is left to the City or City professionals. 5. Based upon information from the Owners and Encumbrance reports the City Engineer revises and completes the right-of-way map, plat, or legal description of parcel(s) to be obtained, showing all temporary and permanent easements, acquisitions, or interests in property. Any and all acquisitions are identified by type, ranging from fee simple to temporary construction easements. 6. The completed right -of —way, easement, or parcel acquisition is presented to the City Council with a draft resolution authorizing City staff to initiate acquisition by negotiation and to simultaneously proceed with eminent domain and, if required, 90 day quick take. The resolution will specifically direct City staff to proceed with negotiation prior to and after eminent domain proceedings have been commenced. The Council will then consider adoption of the resolution. If modifications are requested, staff will be directed to make appropriate changes and the map and resolution will be brought back for Council consideration as soon as possible. 7. Either prior to or at the time the resolution is considered, staff will present a recommendation to Council as to whether an Independent Contractor should be retained to negotiate easement and/or property acquisition, or whether negotiations will be undertaken by City Staff or City professionals. 8. City staff or right of way agents commence negotiating with affected property owners based upon appraisal information. All negotiation terms and offers are subject to approval by the City Administrator prior to being made to property owners. Simultaneously, City Attorney initiates eminent domain proceedings against all affected parcels. 9. As easements are acquired, those parcels which the City successfully negotiates will be dismissed from eminent domain proceedings. If, in the course of negotiations, additional relevant facts are alleged, or are discovered related to valuation of a particular parcel, City staff may, at their discretion, order additional appraisals for use for further negotiations, or for purposes of a hearing before the Commissioners or at trial. 14F�a William S. Radzwill Andrew J. MacArthur Michael C. Couri March 4, 1998 City Council Members City of Otsego C/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 RADZWILL & COURI Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) RE: Otsego Family Fun Days Dear Council Members: I have been asked to provide some comment about the proposed Otsego Family Fun Days, which may include a beer tent sponsored by the Albertville Lions Club this year. At this time the City does not require a permit for any type of celebration or large gathering, outside of a block party. Enclosed with this letter you will find ordinances from other municipalities that have established controls over such activities. If a beer tent is to be established the Lions will need to apply for a special event liquor (beer) license under the current ordinance, and will need to provide proof of both liability and dram shop insurance up to the limits established by the City liquor ordinance. I would also want to receive from them a waiver and agreement to indemnify and hold harmless the City. The same waiver should be required of any other group participating in the celebration. If it is anticipated that any inherently dangerous activities will be undertaken (in particular, carnival type rides) I would recommend a more comprehensive written agreement and possibly proof of higher levels of insurance. It is sometimes hard to determine in these events who is acting as volunteer or on behalf of the City, in which case they should fall under the City coverage, and who is acting on behalf of another organization, thus falling outside of City insurance coverage. Letter to Otsego City Council March 4, 1998 Page 2 If the City is to be the sponsoring and coordinating agency of the celebration it should consider passing a resolution to that effect to clarify matters. The City should also consider adoption of an ordinance and permit for any other special events or parades within the City, since the issue of City control over special events has arisen within the last year. I have enclosed herein for your information some inforination from the League of Cities and some ordinances effective in other municipalities for your review and consideration. I have copied this letter and materials to the Parks and Recreation Commission. I will be available to discuss this matter and answer any questions at the regularly scheduled meeting on Monday evening. Very tP,.ac , dre�RADCOURI Encls. Cc: Bob Kirmis, NAC Mike Robertson, City Administrator Parks and Recreation Commission Ll A Publication of the League of Minnesota Cities Insurance Trust Summer 1996 Number 32 Watch out for that parade? Douglas D. Holm Senior Loss Control Consultant, Berkley Risk Services / LMCIT Loss Control Coordinator. Parades can be dangerous. The League of Minnesota Cities Insurance Trust had over 33 parade -related claims in the last five years at a cost of over $52,000. Clearly, there are many risks associated with parades. It is impor- tant for cities to plan ahead to reduce the chance of injuries or damages. Communication • Contact your LMCIT loss control consultant at Berkley Risk Services, Inc. to assist you with such parade issues as traffic control, risk transfer mechanisms, certificates of insur- ance, and written contracts. • Contact all city personnel involved with the parade. This includes po- lice, fire/ rescue, public works, parks and administration. Make sure ev- eryone knows what his or her re- sponsibilities are for planning the parade, during the parade, and af- ter the parade. Maintenance and inspection • Inspect the parade route for any hazards. Check sidewalks, streets, water gate valves, manholes, curbs, etc. Any problems should be re- paired before the parade, and records should be prepared show- ing those repairs. Insurance considerations • Organizations such as service groups and contractors working on the parade should have insurance. The city should obtain certificates of insurance showing that those orga- nizations have the right type and amount of insurance. • It is particularly important to ensure that high risk activities such as ve- hicle demonstrations are covered by insurance for the organizations conducting those activities. • Some parade participants may not have insurance. The citywill have to evaluate the potential risk involved in those participants' activities to determine if the city is willing to undertake that potential liability. Irdffiic controls • How will the parade route be blocked off? Police cars or barricades? You must follow the requirements of the Minnesota Manual on Uniform Traf- fic Control Devices for any barri- cades or signs used. • Train any police officers, police re- serve officers, orvolunteers on their responsibilities for managing the parade route. Vehicles • Cities often have city vehicles such as fire trucks or police cars in pa- rades. They add excitement and potential liability. Thecityshouldbe careful about allowing people to ride in city vehicles in parades unless there are enough seat belts and other safety features. Candv • How should candy be distributed along a parade route? LMCIT has had claims where people have been hurt when candy has been thrown during a parade. There also is a risk that thrown candy can create a haz- ard when children compete to get the candy. LMCIT recommends that candy be handed out along the parade route rather than throwing it. r Parades are tun but they can be dangerous. Plan now to make your next city parade sate. Photo by Douglas Holm MINNESOTA CITIES I JUNE/JULY 1996 19 General Requirements 0 Does the event sponsor have its own insurance? O Has the sponsor provided a certificate of insurance for general liability, liquor liability, auto liability (as needed)? ❑ Is the city named as an additional insured on the certificate? ❑ Has the sponsor signed a waiver of liability in favor of the city? ❑ Has the city's attorney reviewed contracts, waivers, insurance certificates, etc.? ❑ If a county or state road is to be closed, has the sponsor secured an encroachment permit? ❑ If temporary construction or electrical/plumbing services are use, have they been inspected by the agency responsible for their work? ❑ Has the sponsor coordinated security and emergency planning with EMS❑; Fire ❑; Police ❑. ❑ If security is provided by event sponsor, is there proof of their insurance coverage? Fairs & Carnivals ❑ Mechanical rides inspected by the appropriate agency. ❑ Temporary utilities inspected by appropriate agency. ❑ Spectators separate from inherently dangerous equipment. ❑ Ride vendor has completed contract and provided insurance certificates. SPECIAL EVENTS CHECKLIST Fireworks Exhibition ❑ Contractor has provided a certificate of insurance with limits and coverage equal to or greater than those carried by the city. ❑ Licensed pyrotechnician ❑ Display area segregated from Spectators. ❑ Fire service, EMS, security on-site. ❑ Written emergency plan ❑ Weather reports to monitor conditions (wind). Food Vendors ❑ Vendors complete waiver and insurance requirements. ❑ Health department coordination for sanitation monitoring. ❑ Refuse disposal planned. ❑ Temporary utilities monitored. Horse Shows ❑ Barrier/fencing segregates crowd from animal event. ❑ Spectator/event separation monitored by security. ❑ Temporary electrical service in stable area monitored. ❑ Fire access routes maintained sufficient exits available and unobstructed. ❑ Waivers signed by participants. Liquor/Beer Vendors ❑ Vendor/organization provides liquor liability certificate of insurance with limits equal to or greater than city's. 41 ❑ Age verification /ID required. ❑ Ticket sales separated from dispersing location. ❑ Beer gardens, etc., enclosed to control outside crowd. ❑ Security at dispensing site readily available. Walkathons & Bicycle Events ❑ All participants sign liability waivers to participate. ❑ Minor children's waivers signed by parent/guardian. ❑ Event course inspection before race --repairs made as needed. ❑ Traffic and closure arrangements completed. ❑ Emergency medical and other services available. Musical Concerts ❑ Crowd control through security/ ushers provided. ❑ Adequate aisles and exits provided and kept clear. ❑ Exits open prior to concert. ❑ Grounds, seating, etc., inspected prior to concert. Parades ❑ Road closure, traffic control coordinated through police, public works, and state/county (if applicable). ❑ EMS/ fire service available on standby. ❑ Parade entries inspected for hazards. ❑ Animal groups separated from noise generating sources (bands, loud noises.) Courtesy of Michigan Municipal League The City of Jordan Jordan Government Center. 210 East First Street Jordan, HN 55352 (612) 492- 2535 SPECIAL EVENT PERHIT APPLICATION I. TITLE, PURPOSE AND BRIEF DESCRIPTION OF EVENT: New Application Renewal of or change in Application Refer media or citizen inquiries to: Telephone: or II. APPLICANT AUTHORIZATION: Attach a written communication from the organization or organizations in whose name the event will be advertised which authorizes you, the applicant, to apply for this special events permit on its or their behalf. Applicant's Name: Titles Address: } Hailing Address: Affiliation: Daytime Phone: Evening Phone: Emergency Phone: III. EVENT PRINCIPALS:__ On the next sheet, please list names, addresses, and telephone numbers of all the principals involved in any way in the proposed special event. Include professional event organizers, event promoters, financial underwriters, commercial sponsors, charitable agencies for whose benefit the event is being produced, the organization or organizations in whose name the event is being advertised, and all others administratively, financially, or organizationally involved as principals in the production of the proposed special event. Hake additional copies of the next sheet as needed to include all of the principals involved in the proposed special event. 1 43 IV. REQUESTED EVENT COMPONENTS: A. Requested day and date (first choice): B. Alternate days and dates: C. Requested hours of operation, from AH/PH to AH/PH D. Set up beginning day and date , time AH/PH Dismantle by day and date , time AH/PH E. Describe the number and type of animals to be used in the events r. Attach a draft of the entry form for participants/spectators. G. Anticipated number of participants: and spectators: V. INSURANCE Attach to this application either an insurance policy or a certificate of insurance including the policy number, amount, and the provision that the City of Jordan is j included as an additional insured. VI. SANITATION: A. Attach your 'Plan for Clean-up/material Preservation.' Include number, type and location of trash containers to be provided for the event. Indicate who and how many will be responsible for emptying and cleaning up around containers during the event. Indicate who and how many will be responsible for cleaning up after animals if they are used in the event. Indicate who and how many will be responsible for cleaning up the event area after the event. Describe the number, type and location of portable toilets to be provided for the event (or permanent toilets to be used for the event). Includo any other plan you have for ensuring post -event cleanliness and material preservation of city facilities, equipment, premises and streets. VIZ. LOCATION HAP: Check off below items that apply to your event. Indicate these items on attached separate maps. Use, where necessary, a to -scale drawing. A. If a route is involved, the beginning area, the route (indicate directions with arrows), and the finished area; B. If a route is involved, the places where buses or trains need to be considered; C. If a route is involved, t will expedite approval of your event if you attach separate maps giving two r three alternate routes; D. If a relay is involved, indicate hand-off points; _E. Entertainment or stage locations (grandstand operators should provide you with a to -scale drawing); 3 45 E. If a casino party, a dance or live entertainment is part of your event, please describe. F. Please describe all of the activities of your event for which a license is required, for example, a cabaret license, a caterer's license, a general merchandise concession license, etc. (Attach to this application all required licenses.) G. Food and/or non-alcoholic beverages to be served? _Yes No H. If yes, describe sanitation measures, food handling procedures and the nature of the food (such as pre-packaged foods, hot dogs, pre -mixed sodas, unpeeled fruit raw meats, vegetables, fish or peeled and cut fruit). i I. If yes, you may need to have a health permit from either the state of Minnesota or Scott county. Attach a copy of your health permit to this application. J. If you intend to cook food in the event area, describe your area layout, including fuel or electrical sources to be used. IX. SECURITY AND SAFETY PROCEDURES: A. Describe your proposed procedures for set up, operation, internal security and crowd control. 5 47 B. Describe how you intend to regulate, monitor and control the type, number and quality of vendors /concessionairea whom you may permit to operate in conjunction with the event. XI. MITIGATION OF THE IMPACT ON OTHERSt Describe how you intend to mitigate the impact of the special event on businesses, churches, neighbors, motorists, mass transit users and others. Attach additional sheets, if necessary, entitled -Mitigation of the Impact on Others. - XII. CITY SERVICES/EQUIPMENT: Deacribe city services and/or equipment requested for this event. City barricades, cones, and no -parking signs may be borrowed on an as -available basis. You should plan to pick up and return this equipment. If you or your volunteers cannot pick up and return this equipment, please attach a letter requesting these services and explaining why your organization cannot perform them. This will be reviewed and approved or denied by the City Administrator. XIII. OTHER PERTINENT INFORMATION: 49 'INFORMATION SERVICE League of Minnesota Cities 183 University Ave E. St. Paul, MN 55101 MNA Clipping Bureau BABBITT WEEKLY NEWS ASR 1 21Q�?� PuAIZblic Notice MICE NO. 8.4 AN ORDWANCE REI A71NG TO SPECIAL EVENTS-, PERMITS REQUIRED Tie C--fi Of Tfao City Of BWM De Ordalat Seetfoe L No person, corporation. or organisation. individually or jointly, shall hold or conduct a parade. race. procession, or other special event. within the corporate limits of the City of Babbitt without A permit issued by the Council of the City of Babbitt having fust been obtained by the person, corporation. : or organization sponsoring or desir- ing to hoid or conduct the special event. Section IL Application for the permit shall be made not less than 1 twenty (20) days before the special ` event. Seedoa M. The Council, at the f time of issuing the permit. may 4 designate the time, place or route of the special event and may also prescribe other requirements or 7 i®itatioas as it deems necessary for •: the special event. Section N. A permit fee in the amount of $1.00. plus the cost of City services, which will be calculat- ed and charged as required, shall accompany the application. ' Seed= V. Applications for a permit for Special Event will be available at the City Clerk's office. 'and wken approved, shall become a part of the permit. Sectba Vl. Violation of this ordinance shall constitute a misde- meanor, punishable as prescribed by State Law, as amended from time to time. The foregoing Ordinance. offered by Councilman Warinaro. and upon its motion. supported by Council- man Thompson. was declared adop- ted this 5th day of Apri1,1984. by the following roll all: Ayes: Coun- dhnen Marmaro, McDowell. Olsen, 7101upsoa, and Mayor Cole. Nayes: None. Absent: Nome. oft Gle, Rayer Atteu Nrwed Cederholm, Clmk Published: Babbitt weeny News April 11. J%4 Classification #S Municipality ' a Date Subject INFORMATION SERVICES League of Minnesota Cities 183 University Avenue East St. Paul, MN 55101-2526 Classification 1 g15 Date I- 2 -4 -q2 - Subject Municipality E; X Ce- IAC r �Cfty of E;oCelSbr (ofrsdal PaYBeation) V Ordiaaact Na 234 t� Amending Sectim Mi d the E:cekisr Clty Cade 1 � \ and Ammdtng Seetfa M*:55. Sobel I (D) Operation. Prunalloe and Management at *ectal Events and Caodaet of Parades The City of Excelsior dors ordain as follows: Sernoa One: Section 406:10. Subdivision 1 of the &Welsior City Code shall be amended to read as Wows: Subd L It is the purpose of the City Camcil of Excelsior to [egulate the aaembia®e of large numbers d people in excess of those tnrmaRy needmgpol— the h�lth sanitary. 8r4 7n. tatwo and utili services regularly provided is the City d Excelsior; and to regulate the tient =" and manner d conduct d parades in skier that the hr�lth safety, am welfare Ball people the City of ttic.linm rsmdmm and visiton alike may be protected Seed= Two: Section 406:20. Subdvision I of the Excelsior City Code shLa be amended to read as follows: Subd L No person shag permit, ma:nt.m promote. conduct- adver M ad as ea trepreaeta undertake organ= manage sell or give tickets to as actual or reasonably anwpsted assembly of more than 100 people which continues or can reasonably be ex- pected to rnmm+e far three ar tntm camecutitie hours, wbetherm_ pulxlc W pr—WWW erty, i mlms a license to hold the assembly has first been issued .tit person shall eW is partiapate in. aid. form or start any parade, with the escepbon d hmcal promewna err any gwernme at agency action within the scope of its function. inks •parade permit has fret been sued The City Manager shall issue licenses for assemblies adiajrating 100 to 200 people and the City Council shall issue licenses for assemblies aatiapating 200 or more people. and for all parades Application for licm+es must be made at least 30 days in advance or the assembly or parade When applying for an assembly or parade license the sponsor must submit certified copies of other necessary Minnesota State hCe ses and/or permits to support his application A license to hold an assembly W parade issued to one p on shall permit an person to engage in any lawful activity in ob0oec- tion with the bofd�ing d the lietased assembly or parade. Section Three: Section 104 Subd 2C shall be added to the Ezceitiar City Code C. "Parader' - ANY parade ceremony, match cemony, show. exhibition. pageant, or pro[xssion of any kind. or any similar display, in or open upon street. part~ or other public place in the City. Section Four: Sectim 460:20. Subd. 3 of the E xceltior City Code shall be amended to read as follow: Subd 3. The fee for each license shall be as established by Resolution of the City C un. - cd from time to time and may be waived by Council provided that an application has been submitted with the fee and a waiver olt the fee has been requested by a}�iwant section Five: Section 460:20. Subd S of the E:pceivar City Code shall be amended to read as kams: Subd. &'Ibis Ordinance shall riot apply to any licensed liquor establishment to the ex- tent that any assemblies are held within the confines of areas wherein it caoducts its nor- mal bxainess activities and within its normal senting capacity and layout or toa� regular- ly established permanent place of warship school activity. stadh= adiletic a% arena.- rena. ' auditorium- coliseum, err other srauilar permanently estabiisbed place of assembly for assemblies which do not exceed the maxum capacity at the structure where the show or exhibition is bell Section Six: Section 460:20. Subd 9 of the Excelsw City Code shall be amended to read as follows: Subd 9. This Ordinance sbaR not aptly to activities conducted Won City ground or Pic pprr�aappaa�tt w�eepptt far parades condtrc on City street with the prior approval d the City Camalyprovided boweses that the City shall establish a to cmditfam m the one of the pant and public property to assure comnce pliawn�th the stent of this Ordinance. Secsim Seven; Semon 460:40. Subd 1 of the ESocelmor City code sball be amended to read as follows: Subd L Appbcaom for a license as stated herein abosm shall be in writing to the City Carncil at least 30 days in advance of such assembly or parade SectWw Elmet: Section 400:40. Subd 4 of the EWMkDar Cary Code shall be amended to read as follows: Subd t The name or purpose of the assembly err parade Seeds. dine: Section 40o:40. Subd S of the Ezceivar City Code shag be amended to read as kikmz: Subd. S. The total number of days and/or bans during which the assembly or parade is to last. Section Tea: Section 460:40, Subd 3 (171 shall be added to the ExmImor City Code (17) The date. time of day and exact route of the parade- Section aradeSection Eleven: Section 460:70, Subd. 2 of the Excelsior City Code shall be amended to read as follows: Subd. 2. The holding of an assembly or par2de in violation of any provision or coodi- tion contained in this ordinance shall be deemed a public nuisance and may be abated as such. Section Twelve: Section mo:55. Subd. I (D) shall be amended to read as follows: (D) General Use Permits for groups which desire to use portions Of the City property for ez- hibttions. pmx& parades, and pudic meetings and do not desire a license or permit noted LB (A). (B) or (C) above Permits for groins of less than 50 peoQie may be approved by the City Manager permits for groups of So to 20o people may be approved by the City Council. Permus may be msued for the assembly of groups over 300 people- if the city Cocil undetermines alem is a commuruty wide interest m doing xi Permits shall not be issued to individuals. only to qualified groups. Secant Thirteen: Thu ordinance shall take effect immediately upon passage and publintion. Adopted Uus 16th day of December. L991. u; cn.I.E o. crtow Mayor ATTEST MARLIN H. AMU`1DSON sty cark/ reasu rtr GREGORY S. WMW.RS City manager Scheduk: Sint Reading and Approval: December 21991 Second Read" and Vlopuon December 16. 1991 Public"uon in bailor December 25. x991 Effecuve Date January 24. 1992 1 Dec 25. L99u EXCISHWD INFORMATION SERVICE League of Minnesota Cities 480 Cedar Street St. Paul, Minnesota 55101 ORDINANCE 100. $47 AN ORDINANCE REGULATING LARGE A33EMBLIES rHJ CITY COUNCIL OF THE CITY OF MAPLEWOOD ORDAINS: Section 20-15. LARGE ASSEMBLIES. Purpose. In crow to regulate the assemofy of targe rarhbrs of portions .nose Prasancs in the cry can reason" be ars. tidpated TO exceed the Capability Of the health, soma ary. Mrs. polra, transportation aro ue&ty, services provided by we City of Maplewood and n crow to establish regulabom whoa pl0 tact the Manh. safety, aro warfare of as parsons wrdnn the C31y. the City Council of twit City of Maplewood M1abWsa the lobei rng r"Ifohs. Section 2418. DEFINITIONS, (a) Large assamoy means a gatheringntalspost- mon thm 500 persons: or actions by one or more persons the ;torch d which a to attract and assemble a gathering of persons in excess Of 500 at a single trtr and plea for any ptrpow Section 2417. LICENSE REQUIRED. NO Parson sass Derma. maintain. promote. CondUCl. ado• tar, manage. sett. bnw or g*+ tickets to an atXual at meson" arur lowed assembly of Sao or iron people. Wandler on Public or presale property. unless a Iico se o told the assemay, has been first issued by the City Council as piraww" harem. In addition to the license required herein• the appecant mum Dosses and submit to lM C.ty any other necessary Ma - room State ticsnses ndior permits necessary to carry on the assembly. Section 2418. EXCLUSIONS. The follownng large assemblies do not require a licww: rat Large assemames sponsored by To City of Maplewood. (b) This ordinance snam not apply to wry rsguitrfy estabfrA ed, permanent place of worship, stadium. athletic fields. grana, auditorium. =kseum or other moat permanently Mtadiwsd place Of assembly or assemdMs which 00 not exceed one hurt- direct rs.dnd fifty (150%) percent of the m ixim um occupancy of said bundtN. Section 2419. LARGE ASSEMBLIES PROHIBITED IN CERTAIN AREAS. Large assemblies may do "%Woo and a Iicerse denied upon a finding by the City Council that the Proposed a$"tT'bty a incompatible with exmwg nsidennral land uses. Factors con- sidered in de onhirrng incomOtubiif'/ including without! WrA@- tion, nose, ligmng, traffic, sanmaton. congestion of cerebM. communications, avatar supply. wasse disposal. wdORerr ent Of Laws against contraband of all types. Physical damage to all ,gmtng properties, parxrng areas, fire nazard. COmanmsn on the site. obedience to other ordinances of the City and Stall and Feoarr Statutes. and other factors affecting the public health, sat" and welfare of the Pub4iC Sedan 2420. APPLICATION FOR LICENSE. The application for a Inge assembly ticarrje shad be made in writing and filed with lir City C•.drk no less than 45 days in advance of the Proposed date lot los urge asemdy. upon torrrr supplied by the City Chert. The application sled Conran, wtthaa limitation. the tolfow+ng information: (s) The name. age. residence, soe I security Maribor and mai ng address of the aoprant. m an roiMnrel. ad prows R a Pem- rwsmo, and all officers of the corporation it the applicant is a corporation. (b) The address and legal description of all Woperry which will 've in any way used or occupied by the urge assembly. (c) The names and addresses of all Dersons hbldtng an equitable or Mgr intersst in land, except mongooses, where int proposed large assembly M to be conducted tOgethar with a wnhen statement of thew approval d such Lee. (d) The names and addresses of ad persons with a legal or equitable interest in the I" which aouts the subject prop". (e) A full descnaton of IM nature, purpose and extent of the Proposed large assembly. (0 The maximum n urnbof of persons Mach the aopoeed Iris assembly will attract at any glen tmra, together with the do" and hours during which the proposed large assembly will be mM1 ducted. sad assembly sham not be holo past 7 p.m. any 7— day. (g) The names, addresses, social security numbs, creders luau, hours of avadaDiry, and deployrneffl d security ofmcwl and other general plant row socumy to W W(Aled at the propo► ad large assembly by the applicant. (h) A lull Oescngcn of clam for sound amplification and said contra to be utmized oy the applicant. (l) Plans for any food or oder concession which wul be o"s. vded, Together with she harts, address and licensing inform l - tion of am concessionaires. U) All other information which would De rsquwed by the PrWf sans of Semon 2422. (t) Any other ;nlormatlon required or requested by the City ClWx or the City CoLricm of the C.ty of Maplewood. (I) All advMMing Ineratun. signs. and Dosws shad be Tarnow od wrinin 18 noun from the termination of the edge aasembtyr (ml Tme norirerunbaDa .nvesigatdn foe Soolon 2421. Seclan 2421 Classification No. Mun i ci pa 1 i Date Subject `s ADM"STRATIVE FEES. The applicant for large assembly flow shhad pay an n' .eeppapon Me of f100.h d wi in nww*hxdaCb. As a Cori dslon of grant" a euro the Csy may'souse eetabl+l+rn9 d a cash escrow to be dtNioard with We City CWIL The cash aaaow shad be used to guermw Peyr^efs by the aDOlicane of the Clry's roes for legal• angrneerrr9. Dlarwn4 sorrtaaom, heals. vault parrot, and aar law «hbrcrrrm arwro.. wMrlh an directly am DuaDM o the large a mnoy. Section 2422 CONDMONS OF APPROVAL IN GRANTING A LARGE ASSEMBLY Cquircl May attpoaa any, Condition reaaOnaNy to' atnd to; - - the Meson. salwy rid wetlre of the general public and ifs papaw eMwMled. including wow Wmaoon on lbd0'nrhQ oterherea: (reptlt IM Map wother 4"Idoe"al wil"'i Cole W4 and eogreae to aeeemb1Y wet rworlabla swwy and speed. 01 A potable wtaW KV*, meald5 ad Wea•a1*Vr rise d1aney ,randrw to serration, quali and qurrlay 901lon par parson per day. (c) Siaparwe enclosed 10iab for manta and f rrlales which mese afar specificabons, conveniently located mrou9haa the Wouds• in pafficwn numbers to maw me Morwaa Stew Board d Modish Regumebons and Standards. lid) An efscirnt and =der Y ntrddd Of dial"O'l d sold raid at the rte of at Mast 25 POO pr pef7od pus day together wet prdvsiorw for nasaaoom of the sae to ala original condition. (a) A lights Plan for sag Alfrunation dung the hors d dartnwss. M Security dffors, pi we". dt-dM or on dry kirrweoa lJ r Erroamwa P situ oft" n w8kwnl numbers to provide for adequ ss sa1My ands ax" d the proposed aamni*. Swint" and tratlfc conbot most haw Car requirerredflti d all stall aWorioas and atsprorel of the t leplewodd Ctrw Of Police. (0 An admirnstrttlA a Camtr+tabone Corxrol C w Mr of cots. ntwcaoon with CRY Offidett sew by mMMttgr or telephone wltiM the Large Aarmdy, is being doweled - (h) Sumoefr physiciarw• ruses, or odor med.nl Personnel licensed to prem n the Slee of Minrsoa sufficient o Pro' ode emergency medical cite together won at Meq too snrrgel cy ambulances.M aswnderss for each 5.000 people anticipated in the proposed assembly. M A prtung area od the Public r grin of ray and rale the pro' OMC targe assembly area sufficient 10 provide pare space Xane vencle per each tour Persor'e amtrpaed. x partirng from ad affected property dwean must be ootarrd. 14tim A iw Wo1e mron plan to be Wo" ed by the at"Pi"'I n• ehdin9 .eihput atrdn. nler am system. mss extinguishing tarts.:oget Myles, fire er hw1M sufficwn Personnel supplied ry the applicant to efficiently operate the required equiprrwe. (t) CdPlee d dsachollohe of as promised advertsrg m no," has the Oropoaed adwe,,.,g Con(Vms with the plans as reserved to the City Council. sound rePrO*- M Any rebonabM rtltnclxx on sound and vrvel7 ion and amplification as an necessary to lave wrmn the enclosed boundaries of the location of the targe ■owTo/ Bbrd or otter Mandel W_-_ approved as (ml A surety o form by da City Attorney and, by the City CorrrN in an amount no, Was than Five Thousand ($5.000) Dollars tb 7mariferalloroma npe by the applicant of the caddion's win* posed by the City Council in 9fenbr9 the large assmrdy : (n) A aomWemartive genial lialomy insurance policy if and ad damages• clams. or other IiabiBbq Kislevour do0oraction of the large ease"" whether incurred by dr Cay of Maplewood or, by ani cher association Or person. Sector 2423. MAXIMUM SIZE AND TIME. The CM Council may lima the size and time Of the large assembly after considering without lirtvt]tion, Inose mue l sus form .n Sedrdn 2419. Under no circumstances shus the assembly regulated herein continue longer than sit sews. Section 2424, OVERNIGHT No Nperson holdng a large a,W by sp license as PemR. nUand no paptpant n a large aasemblY sham remain ovemtighl at Tie location of a large assembly, except to a reasonable numbr of DerSonsrequired for security purposes. Secvon 2425. ENFORCEMENT. Thr large assembly license sham be issued by the C+ly tient timer apptvvr thereof by the Cay Council- The license shed cors Latin a statement of ase conditions attached by the City Council in issuing the t `c* se. Enlorcertemt of this ordinance and of wry large assembly ucwme may taxa any of the forlow•g toms wrttlin tlne Cscr lco o1 the Cdectanng such large assgmby o be a puplicEnnuisance following by &bitumen Wocedursa provided by salute or onlnann. �. or any (b) Enforcement by inryunctton, declaratory M1+d9 bitter, Civil remedy by any court of comow, iumdictdn. (c) Enforcement oy Melting a cnatlon or '„Timor complaint 119-W persons pan ng —UxrK I.. ,n v,ol bon Of the ordnance or any condition or the large assembly license and the tdwrhg of such automobiles at the expense of such Persons - (d) Enforcement by disbursing all persons 93thsred at such targe ass temsi the 1319 0 asser�Dty x"n", orde uan - at trioval rr cion t„ r dam lathe a g assembly paraphe Iskti nd the dabur- i sangg d d pPersons gadared at Me ruga assembly - Section 2428. PENALTY. Any person who ooains a large assembly floense, and any employee or agents thereof who violates IhM ordinance or any Codman of any lugs assembly Iloensa ,sued upon com,01041 Total by lawful autrwrry, sham be punished by a fore not to sxceed Seven Hundred FM (1750) Dolfan or by'mW'son-sn' no, to exceed ni ary (90) days or both. Secaon 20-27. PENALTY FOR VICLATION By PARTICIPANTS. The applicant snail he required to Post Copies d the I" osssmbly :;Carse at sq. al locations in aro about the W uncludiriq thea other TM yw cot area. Any put cipahe n the large asserrror'/, bailer stun 'tie a,ppmicant and,131 who wWles any orovsan of such Posted cordmas specifically applicable TO oartcipns. upon Conviction theme Lawful authority, small be punished by a fin not to exceed Severn Hundred FMy (STSM Down and D. Imprsschm"nt not to exceed ruriery (901 days, or loom. Section 2428. EFFECTIVE DATE. This ordinance shad be in lull force and erfec from and after .ts passage and oudticatdn 'n accordance with Law. passed b'/ the Cay Council Of the c.ty of Mapawood. Minnesota. Imus 22nd day of August. 198.7. ."Oen C. Greg" Maya Attest: s-Lualle E. Aurelius Clry Clew% Ayes vays – 7 �P"v Aug. 31. 1983) INFORMATION SERVICE League of Minnesota Cities 480 Cedar Street St. Paul, Minnesota 55101 j If the Police Chief rinds that such a 1 parade will not cause a haxard to — persons or property, and will cause no great inconvenience to the public. (Official Publication) and if he is able to make arrange - ORDINANCE N0. 135 ments for necessary direction and AN ORDINANCE OUTLINING control of traffic, he shall endorse kis PERMIT REQUIREMENTS FOR acceptance and return the applica- PARADES AND SPECIAL EVENTS tion to the Ciy Administrator. If the t THE CITY COUNCIL OF THE CITY Police Chief finds the parade or spe- OF ORONO ORDAINS: cial event described in the applica- Section L An ordinance listjog par. tion to be a bazard, a substantial mit requirements for parades and special events shall read as follows: Inconvenience, or if he is unable to make adequate arrangements for Subd, 1. Definition. The term 'ba- direction of control of traffic, he shall rade" means any movement of vehl- clea, persons or animals, or any cont. return the same to the City Adminls- trator with his findings. bfnation thereof, which either moves Subd. S. Council Action. The City together and as a body so as to In Administrator shall refer the appllca- some way impede or affect the free tion and results of the Investigation to and unobstructed flow of vehicular or the Council at its next regular meet. pedestrian traffic. or which moves so ing. The Council may either (1) deny that some part thereof is in violation the permit, (2) grant the permit, or of one or more traffic laws or regu- (S) grant the permit on condition that lations. if such movement is without a a date. time or route are acceptable Permit hereunder. to applicant which differ from suchas Subd. 2. Definition. The term "ape- stated in the application. Applicant cial event" means any marathon shall have three (2) days within runs, block parties, fishing contests, which to communicate his accep- parachute jumps, hot-air balloon tance to theCity Administrator. events, carnivals, or any other activi- Subd. S. Unlawful Acts. tyor events which in some way A. It is unlawful for any person or impedes or affects the free and un- hamper, obstruct, or Impede or in - obstructed flow of vehicular or pedes- terfere with any parade, parade as- trian traffic, so that some part there- sembly. special event or am person. of is in violation of one or more traffic animal or vehicle participating In the laws or regulations, if such event is parade or special event. Without a Permit hereunder. B. It is unlawful for any person to Subd. 3. Permit required. It is a drive a vehicle between the vehicles misdemeanor to sponsor or partici- or persons comprising a parade or pate in a parade or special event for special event when such parade or which no Permit has been obtained special event is in motion, except by from the City, and it is also a misde- direction of police officers directing meanor to obtain a parade permit or traffic. special event permit and not conduct C. It Is unlawful for any person to the same in accordance with the enter into a parade or special event permit granted by the City. Applica. without prior authorization from the tion for such permit shall be made to chairman. the City Administrator at least sixty Subd. 7. Exceptions. This Section (90) days in advance of the date on shall not apply to (1) funeral proces- which it is to occur and shall state the sions. or (2) a governmental agency sponsoring organization or individ- acting within the scope of its func- ual. the route or location, the length, tions. the estimated time of commence- Subd. 9. Insurance and Payment of ment and termination, the general tramposition, and such application shall be executed by the individuals Expenses. Applicant shall furnish a certificate of insurance in an amount to be determined by the City and shall applying therefor or the duly author- pay all extra ordinary expense in- ized agent or representative of the curred by the City for Police and sponsoring organization. enforcement of ordinance. The City Subd. t. investigation. The City may, as a condition of approval of the Administrator shall forthwith refer permit, require that the applicant ail applications for parades and ape- deposit money with the City in a sum cial events to the Police Chief for his equal to the estimated expenses to be consideration which shall take no incurred by the City longer than ten (10) days. If any Slate Subd. 9. Permit fees. All permits trunk highways are in the route the Police Chief shall make all necessary provided for in this Section shall be issued only upon payment in full of arrangements with the Minnesota permit fees and other costs fixed and Department of Public Safety for al- determined in accordance with City ternate routes at whatever may be Code Section 1.05. m�cessarv. Section 2. This ordinance shall be I published in the lake Minnetonka Sua and shall be effective upon publi- cation. Adopted by the City Council of Orono. Minoesota, at a regular meet. Ing held on 14 day of November. 1993. MARY C. BUTLER Mayor ATTEST ALBERTA M. STROM City Clerk (Nov 22. 1993) -LAKE Classification No. Municipality ' Date_ 11-1�-3 Subjects J CITY OF OTSEGO COUNTY OF WRIGHT Notice of a Public Hearings to be held for the purpose of considering renewal of the following Liquor License: 1. Pattern Station, Inc. DBA Riverwood Inn and Conference Center, 10990 - 95TH ST NE, (Otsego) Monticello, Minnesota 55362 to consider renewal of. A. CONSUMPTION AND DISPLAY PERMIT This Hearing will be held at the City of Otsego Council Meeting at 8899 Nashua Avenue NE, Otsego, MN 55330 at 6:30PM on March 9th, 1998 or as soon thereafter as time permits to consider the above applications for renewal of licenses for either acceptance or denial. All interested parties wishing to be heard either in favor or opposition to this Liquor License requests for renewal will be heard at this time and questions will be answered. If you would like further information, please call Otsego at 4414414 in advance of this meeting. CITY OF OTSEGO- laine Beatty, Clerk/Zoning . Dated and Posted: February 26, 1998 2 -Boards, Otsego City Hall Published: March 4, 1998 ELK RIVER STAR NEWS Hearing: March 9, 1998 6:30PM 771 CITY OF MA's 3 - 1998 OTSEGO �. ' 8899 Nashua Avenue N.E. ON THE GREAT RIVER ROA (61-2j)441 14 Elk River, MN 55330 Fax: (61 -8823 February 26, 1998 Sheriff Donald Hozempa Wright County Courthouse 10 NW 2ND ST Buffalo, Minnesota 55313 RE: Pattern Station Inc. - Renewal of Consumption and Display Permit Dear Sheriff Hozempa: Enclosed is the above mentioned application for renewal of license. Please conduct a check on this, sign and return to me. I have enclosed a self addressed stamped envelope for your convenience. As Always, thank you for your help with this matter Don. Sincerely, CITY OF OTSEGO Elaine Beatty, City Clerk/Zoning Adm. eb Enclosures Minnesota Department of Public Safety ALCOHOL & GAMBLING ENFORCEMENT DIVISION 444 Cedar St., Suite 133, St. Paul, MN 55101-5133 (612)296-6439 =(612)282-6555 .�� �• �a RENEWAL OF CONSUMPTION & DISPLAY PERMIT Permit Fee $150 (Renewal Date: April 1) MAKE CHECKS PAYABLE TO: ALCOHOL & GAMBLING ENFORCEMENT DIVISION 6133 Pattern Station Inc. Riverwood Conference 10990 95th St NE Otsego (Monticello) Center MN 53362 PUBLIC -IFNA_MB ADDRESS -: SHQWN' RIOT CORRE MAKE BELAV{F, " Worker's Comp Ins. CA'a f ma►. s �U J Policy No. QW b0i 1J&U QhcxPeriod 10" 1-1-7 11-4110-1-11 City/County where permit approved; W601k Permit Name: 2� It Trade Name: Location address: City, State, Zip Code: Rusirjess Phone- 61 t 9 3-z> By signing this renewal application, applicant certifies that there has been no change in ownership, corporate officers,bylaws, membership, partners, home addresses, or telephone numbers. If changes have occurred during the past 12 months, please give details on the back of this renewal, then sign below. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines. 1. Applicant confirms that it has never had a liquor license rejected by any city/township/county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 2. Applicant confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 3. Applicant confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 4. Applicant confirms that Workers Compensation insurance is in effect for the full license period. 5. Applicant confirms, no club on -sale intoxicating liquor license is held. 6. Applicant confirms business premises are separate from any other business establishment. (Signature certifies correct and permit has been approved by city/county. .,/Z'f • ` City Clerki LSignature Date (Signature certifies that a consumption and display permit has been approved by the city/county as stated above). PS09097 (10/97) Amount Received 1� � 1 : 1 1 %� 1 y� � � 1 f' 1 i 1 k' n �� l! 1 w 1� 11 '� � h. ,%• � � 1� 1 1 11 �.' P •;;OT gnrl-IP nrojfGC3 30 12 M IZe OeeO l Report below details of liquor law violations (civil or sdnimWl4bat bavefomuwedmMjb"eo lastHve years, (Dates+ offenses, fines or other oenal_ties: including L.iguor Control Penalties). &49" $eport below details involving any license rejections or revocations Al DONALD HO A, GHT OD. SHERIFF Ci /County Comments: William S. Radzwiu Andrew J. MacArthur Michael C. Court March 9, 1998 City Council Members City of Otsego C/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 RADZWILL & COURI Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN55376 (612) 497-1930 (612) 497-2599 (FAX) VIA FACSIMILE AND U.S. MAIL RE: Darkenwald Request for Exemption from Provisions Of Moratorium Dear Council Members: I have received and reviewed the request from the Darkenwald Family Partnership for exemption from the current moratorium. Any exemption would require an amendment to the current Interim Ordinance through majority vote of the City Council. My recommendation regarding any such exemption remains the same as it was for previous requests. The City should accomplish those things it has set out to do prior to considering applications for additional residential subdivisions, and not allow exemptions to the moratorium, except in very limited cases where the affect is minimal and was clearly not intended. If an exemption were allowed, the City could end up reviewing the present proposal under existing standards, only to find that by the time final plat review occurs the City could have determined that wholly different standards should apply to the area. This could place the City in a precarious legal position. In this case, based solely upon what has so far been preliminarily presented to the City, I question whether the proposed development would qualify as a PUD. Second, the present moratorium does not preclude the Darkenwald Family from proceeding on the commercial phase of the development, since the moratorium specifically excludes commercial, industrial development. Letter to Otsego City Council March 9, 1998 Page 2 What has been presented so far is merely a concept plan. By exempting the area from the present moratorium, it is possible that any actual submission may bear no resemblance to what has been previously presented to the City. If the City wishes to proceed with discussions with the Darkenwald Family regarding possible shared service arrangements, these should be completed prior to any consideration of exemption from the moratorium. I will be available to further discuss this matter at the regular City Council meeting on Monday evening. Very your drewac RADZ L & COURI Cc: Mike Robertson, City Administrator Bob Kirmis, David Licht, NAC John Harwood, Hakanson Anderson John Darkenwald, D&Y Family Limited Partnership r,jrkenwald, inc. Industrial and Commercial Real Estate —e ® 41..,04 7535 N.E. River Road :Ik River, Minnesota 55330 (612) 441-3700 March 3, 1998 Mr. Mike Robertson City Administrator City of Otsego 8899 Nashua Avenue N.E. Elk River, Mn 55330 D & Y FAMILY LIMITED PARTNERSHIP D Re: Darkenwald Hidden Lakes Development - PUD application Dear Mr. Robertson: Thank you for the opportunity to meet with you, John Harwood and councilman Heidner. The meeting was extremely timely first to convey the goals we hope to achieve in the development of our property and second, to develop a sense of mutual cooperation with the City of Otsego. Specific to this point, in the review letter of our Facility Plan, MPCA's David Sahli stated that "the MPCA wants to encourage you to work with, and cooperate with the City of Otsego in the planning of the solutions to your Waste Water treatment needs. Whether the ultimate solution is one treatment plant for the entire city or multiple treatment plants, a coordinated effort can provide a more efficient and cost effective system than a competition between the two parties." I certainly hope the information we presented not only helped you understand our request, but also reinforced the importance of the Action Steps we discussed at the conclusion of the meeting. Another copy of those steps is attached for your reference. The second and third steps are positively the most important at this point in our planning. As discussed, we desire to continue moving forward with our project. To date we are quite on schedule with our total PUD design effort, inclusive of necessary interaction with the MPCA. The removal of the development moratorium on our property is extremely important. This letter, among other purposes is our formal request from the D & Y Family Limited Partnership to remove the moratorium which presently constrains our property and precludes our submission to your council. The removal of this moratorium will enable us to proceed with our formal PUD application. It perhaps is not necessary to review the historic background of the Darkenwald family's long-term plans to develop its property. What must be reinforced is that the 200 plus acres have been owned by the Darkenwald family for -z- 30-40 years with development as the life long goal. The first phase of the manufactured home community, Riverbend. was constructed in the early 1970 time frame. [Important to this discussion is that the package plant then constructed was to support future phases by 1) excess capacity and 2) planned expansion under the guidelines of the MPCA. To this end, we have had supportive discussions with key members of the MPCA for many years.] At that time, a permit to treat and discharge up to 60.000 gallons per day of effluent was applied for and approved by the Minnesota Pollution Control Agency. Thereafter the Clough Package Wastewater Treatment Plant was constructed in its present location. The plant for the existing housing development processes approximately 30.000 gallons per day of waste effluent. The plant can handle additional loading, but that has not been required up to this period. Our proposal is to develop the entire 200 plus acres with a mixed use development consisting of multiple residential units, manufactured housing, and approximately 170,000 square feet of retail/commercial venues. We expect to emphasize affordable housing for seniors and adults, but we are not planning on subsidized housing. Development will be sequential in four distinct phases. It is important to understand that Hidden Lakes is a Planned Unit Development, in which all elements are mutually complementary. All infrastructure will be privately financed and construction will be to State and City specifications. At the heart of the phased development are the expanded waste water treatment plant, the sanitary sewer collection system, water wells, water storage and distribution system, storm water collection, streets. parks and trailways. The entire PUD is a total concept, that, as I have emphasized, will be privately financed and constructed without risk to the City of Otsego. As discussed and listed below in the Action Steps, once you have removed the moratorium from our property, we will submit the total and formal PUD application in conformance to Otsego's procedures. There are many substantial reasons why this PUD will be a win-win development for Otsego. It is of mutual benefit for us to be permitted to proceed now. -The City is currently designing an elaborate infrastructure system that will impact our land and others in our area. We would like to coordinate our project with the City's efforts to gain the efficiency and effectiveness of a well thought out and planned design. This will not happen without our involvement in the process. -City planning efforts are focussed on the completion of a Comprehensive Plan that will significantly impact our property. We would like to present our PUD concept plans and participate actively with the City in the _3_ determination of how our mutual objectives can be reached. -It appears to us that the primary reason the moratorium was placed was the Comprehensive planning process. However, another very important reason is the planning and design of the sanitary sewer collection and treatment system. Without sewer collection and treatment the City is in a difficult predicament relative to future development projects. Our site has a waste water treatment plant that is currently actively providing treatment for an existing development and can support additional units. We desire to move ahead and utilize this unique resource to its' fullest available capacity. This will directly increase the impact of the City's plant on other lands within the City. -Our project will be entirely privately financed. There is no risk to the City and substantial additional tax base will be created. -The timing of the market place with the availability of low interest financing, as well as the need for affordable housing and commercial development in this region, is very attractive. We would like to move forward in our planning. In order to plan the entire PUD , we are requesting the ability to make application for the planning of all of our property. We may only implement Phase One construction in 1998. The Oarkenwald Family Group is willing to proceed with the PUD application under the auspices of the City of Otsego. We are committed to a high level of coordination with the City on all aspects of the development planning process. Prior to submitting the application, the moratorium on development on our land has to be removed. Please take the necessary steps to have this step completed. Sincerely. hn F. Darkenwald 0r the D & Y Family lC Z / u � r Limited Partnership ACTION STEPS RELATING TO THE DARKENWALD DEVELOPMENT PROPOSAL — FEBRUARY 259 1998 • Darkenwald makes development application for their 200 acres of land in March, 1998; • Schedule is now — waiting for the City to complete their studies is much more risky than moving ahead now with a privatization approach ❖ No problems with the Crow River approval ❖ Financing the development is now at an all time favorable position relative to interest rates ❖ Development marketplace for our project is high • City removes the Darkenwald property from the limits and effect of the development moratorium; • City approves the use of the Mississippi WWTP for the entire Darkenwald development under the auspices and approval of the MPCA ; • City approves the Commercial, Residential and Manufactured Housing development plan as part of the PUD application; • Darkenwald Development team will coordinate and cooperate fully with the City; • The Developer will commit to normal private financing and no public subsidies for his multi -phase project. Page 3 /100� CML ENGINEERING - LAND SURVEY - CONSTRUCTION MANAGEMENT PJLK LANDSCAPE ARCHITECTURE • ENVIRONMENTAL - PLANNING b DESIGN • TRANSPORTATION KUUSISTO LTU e �6'4,1998 Mr. David Sahli, P.E. Point Source Compliance Section Water Quality Division Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155-4194 Re: Darkenwald Waste Water Treatment Plant — Mississippi River Dear Mr. Sahli: Based upon our discussion this week, we are initiating design studies for the use of the Darkenwald Treatment Plant to serve the 200 acre Darkenwald development project. As you are aware, this project has been explained in detail in the Facilities Plan Study for the Waste Water Treatment Plant revisions submitted last fall to the MPCA. In our preliminary design process, we will assume the existing treatment requirements that are contained in our existing waste water treatment plant permit will be the limiting regulatory controls on the realistic capacity of the plant. I understand your staff is working on a letter that will be transmitted to Mr. Darkenwald shortly that will confirm this understanding. Since we will coordinating closely with the City, if any one at the City has any questions concerning these design regulations, I will have them contact you or your associates on the MPCA staff. Thank you for the time you have spent with me this week, and in past weeks, on this important matter. Sincerely, RLK Kuusisto Associates Richard L. Koppy, P.E. Cc: John Darkenwald Mike Robertson, City of Otsego Mayor Larry Fournier, City of Otsego Offices: Hibbing - Minnetonka - St. Paul - '[Win Ports (612) 933-0972 - 6110 Blue Circle Drive - Suite 100 - Minnetonka, MN 55343-9123 - FAX (612) 933-1153 BONESTR00 AND ASSOCIATES a 612 6361311 02/27/98 11:20 5 :02/03 NO:299 yw oa Au -POW Jv*d wad %no %" ""10 0►+IUML W JMBDLPOW • I11141UVVY • D1>it�l RWIOC) • pieulsJg . t#nlr x'9"1;0 MJOO*13 PA +� Oto a71 08 uj-j am -nig (a lo) :(ov1oA) oo'aet (L to) :1•S«�GS'tgg NW �I^�d '16 !'N'PH soj IWloM aq Plnm uol;stuao;n 1vtp jo jdoo • uwroowjnuvw at{; wGV uonojvj ;*npoi /in aAvq no,Cjl '}itt;ap cuow ut ulun jusld oflujoad aq; oglJaaop OMW L&wWnlo Ivasnul s�sq �}tm luvid a�ts�lottd ati3 0{1 LP�Pnloul qi uol�taw iwuon1PPs ii!'" ao >suiiat opcAoad o3 oeotp orb 'aoowd 08pnls MIAROW mp JW Whin Wmuoo oin; tapnloul oat' uopd}Joc4p at{S, '9 44mw000u 'tunls n guns 'ap jv uont+}ftogm wy Lf41llmU paptndxo oip Joj pasodcud Su}oq on sisolwayo 3suM '8ulpllnq lsanum'lo s aapnloul uopdposep 4MON p410d0Jd OILL S Lquoplpaoo lls Japun poum;un= aq U90 aousildwoo mnUja MP omsua d}aq o; pwoplNoa uooq amig ;uonUPP uoli1118=1 DIP RH LSQOHD autni;o LSW 01 s a3npoad Apuv#truoo oa uaitaian putt otu1; uoltU" 3ual°lWW oPlAoad wus}d IUWtM si po�l� PO4Od°id eta 11I•M '3uonula pagwlu ,tW!T1 it oJ}nbaJ ,C1Rsgoad MmlootzRttoJs jo *dA If eAolues O.L 1AW 01 Apn=pm2dds of poonpw aq o; uornonuoauno S+QOHa a! w&,%tt Qq1 winbw pinoAk Pd6 00811P1 as (Pcm) 1(rP Jad sucluve 000`09 umo>j kL0L�,(l1Rp Gj1w9As ul 9"Woui a, tpItA 0M mo,( ui -onmiaA popuudxa ayl Joj ffulpv0l so= (;QOHC)) Puwump uo8dx0 1'�iwagoolq snomuogs,to;uon a �sr};slxo aqi u1nup" m 3uawaslnbw Qt}; ul MMtw jtq wM 1411VO1001H '13ITU uopsp4JEapuau oms atp (n J= qns oq HIM o"aslp popusdxa atp'°1°jcuDU =A}g 1ddissimr1W at,p jo uopoea (MA -d0) .,ajv l on118A aamoto'g lluipUmnp us o; It avaim *lp 14111 mu au volsaoglpotu 3i=ad ($$QdNi tutu (g uoPvulsuila 68314mla "Inl[od ImoTwx otp u} ua};t,uQpltuoa aoj p*Upugns aq ixnw puenoM � fttt1 oJd:o3 poeodoJxi potilaus ot{; put,;r t;dtul alp }o uotiduatop Y `pmra d p000dcad app Aq pagn%duq aq II)^K epos a Oji *gml�a* ca t;oodurl EnVusoJ q� J uoww}nbw aisingw ng astls (YOB Y 10AU00 uolnIlod n000uujW oq3 luodu mp u} pQouwgw oapl=ot{;ns Qui of uOPT ui 'I aQvulssu4 Supinsuoo .most putt noA o; puautwoa AM gulplAoad ws poo suopt}n8ai pus ovitu'coulloping siquildds 101M oout;wJgjuoo ao3 woumxP s{tp pt;MQJAat ansti oM :ptv&uwm 'jw SKI I MVM tit *ON u=sd MW AtMm g AM$ A111gmd s7wt I ARI013 suo>Iu.L ss4M*MM Md OEESL a09DMW'JOArd 3U2 'Oui 'nttua Tvwu Ptw►u2%MQ `u m=d pim=vva ugor ,jw 066T ' ft A2V1%3q.A lo.14uoo uoj4n110d 84099uulW `7 / dS d-no"a:jIt*VADW -gun NozJ.n� ww w�zz :90 a6, 92 ®-1 FE8 26 1 g ae:23AM M`1 POLLUTION CTRL AGCY/WPTR-QUAL P.2 .- Mr. John Darkenweid Page 2 7. The coat comparison Information between your vxpaaslon end tete proposed new oit♦y of Otsego facility in Table VI -1 shOMn that your expansion will cost about one -hall' SS much as if you were to combine with the city of Otsego. The &ssibility study lists ills cost of this expansion of $6,000 gpd to be $2,616,226.60, or $30.42 per gallon for ttestment. The Information we have from the city of Otsego fbr their 250,000 gpd 1k1cillty is • total treatment coat of $2,302,000, or $10 per gallon. There is it higher cost for the collection system fbr the city of Outgo, boeause that WkMWcture is not In place. Much of the collection system for the Darkinwald fkoility is already in place- 'therefore, it is not clear whY the cost comparison shows such a dbpachY In the GOSU fOt the two prgjecb. Can you provide additional information regarding the calculation of the oasts in Table V1-1 to explain why combining with the city is so much mote oxperuive? S. Recent discharge monitoring reports *how that chlorine has not been necessary to meet the eluent fecal coliform bacteria limit in the discharge. The modified permit will squire dechlorination of all chlorinated eMuent prior to the Installatiou of the new ultraviolet light dtsiO&Cdon system. 9. The fmalblitty study includes both force main and gravity sewer for the proposed expansion. Do you have a map of the locations whys the sewer system will be extended? In addition to the modifications to the NPDES permit for the treatment facility, a separate sewer extension permit Is required for each sewer project. 10. A mandator, BnviionraonlAl Assosment Worksheet (EA'W) will be required for this project. If you have not already done_f, , you should contact Craig Afhldt, In the MPCA Environmental Planning and Ravlow Office, et 296.7196, to obtain s copy of the SAW on computer diskette, and to d'asauss any questions you may have about the process. The HOCA wants to encourage you to work with, and cooperate with the city of Otsego In the planning of tate solutions to your wastawatcr treatment novds. Whether the ultimate solution Is one treatment plant for the entire ecity ffective or mum Pmt are�m�daoRn bb�+� the two part,". ted effort n provide a more efficient and cost effect system If you have any questions rogsrding thls letter, plan and specification review, or the permit process, please feel free to contact nate at (612) 296-M ly, David A. Sahli, P.E. Point source Compliance Section Water Quality Division DS:mbo co: Charica gchrvaxtz, RY.K-Kuusisto, Minnatonkst Dick Koppy, RLK-Kuusisto, Minnet"IM Ken LeVoir, WCA Regional Office, Hrninard 662:ON 20/0:(9 02:LL 26/L2/20 LL�L95:9 2L9 I S91VTOOSSV M 002i1S3N09 William S. Radzwill Andrew J. MacArthur Michael C. Couri March 4, 1998 Council Members City of Otsego C/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 RE: Municipal Liquor Dear Council Members: RADMILL & COURI Attorneys at Law 705 Central Avenue Fast PO Box 369 St. Michael, MN55376 (612) 497-1930 (612) 497-2599 (FAX) Please find enclosed a memorandum regarding adoption of Municipal Liquor and the necessary procedures for adoption of the same. The statute requires a one- year period of notification prior to the City commencing operations. The notice must indicate whether or not the City intends to be the exclusive source of liquor within the community. This issue was presented to the Council shortly after Otsego was incorporated as a City. (See attached information from David Licht's office). At the same time as the City adopted its liquor ordinances. At that time the Council determined that they did not wish to consider municipal liquor. I believe that they reviewed various financial analyses from different cities, in considering whether or not municipal liquor was a good idea for the City. While the necessary legal steps to start the process are very simple, I think the Council needs to have some financial information in front of it prior to taking even this preliminary step. I will be available to discuss this matter in more detail at the City Council meeting on Monday night. Very truly yours, Letter to Otsego City Council March 4, 1998 Page 2 An w J. Ma DZWIL COURI Enols. Cc: Mike Robertson, City Administrator Bob Kinnis, NAC MEMORANDUM Date: March 2, 1998 To: Andy From: Monica Re: OTSEGO — Municipal Liquor Store Minn. Stat. 340A.601 sets out the criteria required and the procedures to take in establishing a municipal liquor store: Otsego meets the population requirement of 10,000 or less and is not affected by incorporation requirements. It is the sole discretion of the council to approve the municipal liquor store. The city is not required to have a public referendum on establishing the store. The procedure for establishing a municipal liquor store requires the city to publish a notice of intent in the city's legal newspaper one year prior to the anticipated opening of the municipal liquor store. The notice shall state if the city will be the only off sell retailer of intoxicating liquor thereby excluding all private entities from doing the same. The city then needs to pass a resolution approving the establishment of the municipal liquor store. After the resolution is passed, it is not required but recommended, that an ordinance be passed establishing the rules of operation of the store. The city can continue to issue on -sale liquor license to hotels, clubs and restaurant with no effect to the newly established municipal liquor store. However, the number of licenses issued is governed under section 340A.413. Page Citation/Title MSA § 340A.601, Establishment of municipal liquor stores !9348 M.S.A. § 340A.601 MINNESOTA STATUTES ANNOTATED POLICE REGULATIONS CHAPTER 340A. LIQUOR MUNICIPAL LIQUOR STORES Current through End of 1997 2nd Sp. Sess. 340A.601. Establishment of municipal liquor stores Subdivision 1. Authority. A city having a population of not more than 10,000 may establish, own, and operate a municipal liquor store which may sell at retail alcoholic beverages and (1) in the case of a municipal liquor store that sells at off -sale only, all items that may lawfully be sold in an exclusive liquor store under section 340A.412, subdivision 14, or (2) in the case of a municipal liquor store that sells at on -sale only, or at on- and off -sale, any item that may lawfully be sold in an establishment with an on -sale intoxicating liquor license. A municipal liquor store may also offer recorded or live entertainment and make available coin-operated amusement devices. Subd. 2. Population change. A city which has established a municipal liquor store may continue to operate it notwithstanding a subsequent change in population. Subd. 3. Scope and application. A city which established a liquor store prior to July 1, 1967, may continue to own and operate it. Subd. 4. Newly formed municipalities; municipal liquor stores; liquor licenses. A city may not establish or operate a municipal liquor store or issue an on -sale or off -sale liquor license until two years after its incorporation. This restriction does not apply to a newly incorporated statutory city which had formerly been a town or is made up of a major geographic portion of what had formerly been a town, which town had the powers of a statutory city under section 368.01. Subd. 5. Issuance of licenses to private persons. A city owning and operating a municipal liquor store may issue on -sale liquor licenses to hotels, clubs, and restaurants. A city issuing on -sale licenses under this subdivision may continue to operate the municipal liquor store or may resume operation of a municipal liquor store previously discontinued. The number of on -sale licenses issued under this section by a city is governed by section 340A.413. A city may not issue licenses under this section, other than a license issued to a club under section 340A.404, subdivision 1, claus (4), until authorized by the voters of the city voting on the question at a special election called for that purpose. *59349 Subd. 6. Municipalities; certain on -sale licenses. A city which did not permit the sale of intoxicating liquor within its boundaries as of June 30, 1969, or was incorporated after that date may issue on -sale licenses for the sale of intoxicating liquor in accordance with subdivision 5. Subd. 7. Notice of intent. A city which has issued retail intoxicating liquor licenses may not establish a municipal liquor sto,r,gunt one year after publishing a notice of its intention in the city's legal newspaper. The city must provide in the notice if the municipality will be engaging in the sale of intoxicating liquor to the exclusion of all private interests,.k Copyright (c) West Group 1998 No claim to original U.S. Govt. works Page MSA § 340A.601, Establishment of municipal liquor stores CREDIT(S) 1990 Main Volume Laws 1985, c. 305, art 8, § 1. Amended by Laws 1990, c. 554, § 15, eff. May 5, 1990. 1997 ELECTRONIC POCKET PART UPDATE Amended by Laws 1991, c. 249, §§ 25, 31; Laws 1996, c. 418, § 14, eff. April 3, 1996. <General Materials (GM) - References, Annotations, or Tables> HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 1997 ELECTRONIC POCKET PART UPDATE 1991 Legislation Laws 1991, c. 249, § 31, in subd. 5 provides that a liquor referendum is not required for issuance of club licenses. Laws 1991, c. 249, § 31, instructed the revisor of statutes to change "nonintoxicating malt liquor" to "3.2 percent malt liquor". 1996 Legislation The 1996 amendment rewrote subd. 1, which previously read: "A city having a population of not more than 10,000 may establish, own, and operate a municipal liquor store which may sell at retail intoxicating liquor, 32 percent malt liquor, tobacco products, ice, soft drinks, beverages for mixing intoxicating liquor, and food for consumption on the premises. A municipal liquor store may also offer recorded or live entertainment and make available coin-operated amusement devices." 1990 Main Volume Derivation: St, 1994, §§ 340.353, 340.358. Laws 1983, c. 320, § 3. Laws 1982, c. 528, § 4. Laws 1981, c. 331, § 1. Laws 1981, c. 198, § 1. Laws 1978, c. 701, § 2. Laws 1975, c. 345, § 6. Laws 1974, c. 268, §§ 3, 4, 6. Laws 1973, c. 415, § 1. Laws 1973, c. 123, art. 5, § 7. Laws 1969, c. 1127, § 7. Laws 1969, c. 1119, § 7. Laws 1967, c. 19, § 11. Laws 1961, c. 582, § 1. Laws 1951, c. 286, § 2. Laws 1949, c. 124, § l . The 1990 amendment rewrote subd. 2 which formerly read: "A city which has established a municipal liquor store may continue to operate it notwithstanding a subsequent change in population if within one year after the effective date of the census by which the municipality exceeds 10,000 in population, the question,'Shall the city continue to operate its municipal liquor storeT is mitted to the voters of the city at a general or special municipal election and a majority of the voters voting on the question at the election vote in the affirmative Copyright (c) West Group 1998 No claim to original U.S. Govt. works MSA § 340A.601, Establishment of municipal liquor stores nn the question. The notice of the election shall state the question to be submitted to the electors at the election." x350 REFERENCES CROSS REFERENCES Cities, classification, see § 410.01. LIBRARY REFERENCES 1990 Main Volume Intoxicating Liquors G=157 et seq. Municipal Corporations 0847. WESTLAW Topic Nos. 223, 268. C.J.S. Intoxicating Liquors § 104. C.J.S. Municipal Corporations § 896 et seq. ANNOTATIONS NOTES OF DECISIONS Annexation 8 Census 5 Check cashing 12 Credit 13 lection 6 abtishment 9 ..icenses 10 Police power 2 Population 4 Premises 11 Private persons 7 Profits 14 Unincorporated municipalities 3 Validity 1 Wholesale 15 1. Validity Page Sections 340.353 and 340.358 (repealed; see, now, this section) authorizing establishment of municipal liquor stores in cities, villages and boroughs of not mor than 10,000 population were not invalid as "special legislation". Arens v. Village of Rogers, 1953, 240 Minn. 386, 61 N.W.2d 508, appeal dismissed 74 S.Ct. 680, 347 U.S. 949, 98 L.Ed. 1096. Refusal of village to renew private liquor licenses in order to establish an exclusive "on sale" and "off sale" municipal liquor store, does not deprive former licensees of their liberty or property without due process of law in violation of state or federal constitution, regardless of what motives may have prompted village council to establish municipal liquor store. Arens v. Village of Rogers, 1953, 240 Minn. 386, 61 N.W.2d 508, appeal dismissed 74 S.Ct. 680, 347 U.S. 949, 98 L.Ed. 1096. 2. Police power Operation of municipal liquor dispensary is a legitimate function of government. Allen v. Village of Savage, 1961, 261 Minn. 334, 112 N.W.2d 807. "59351 The establishment of municipal liquor stores is a proper exercise of the police power of the state. Arens v. Village of Rogers, 1953, 240 Minn. 386, 61 N.W.2d 508, appeal dismissed 74 S.Ct. 680,347 U.S. 949,98 L.Ed. 1096. Copyright (c) West Group 1998 No claim to original U.S. Govt. works Page MSA § 340A.601, Establishment of municipal liquor stores The authorization for establishment and operation of a municipal liquor store involves an application of the police power for the regulation of the intoxicating �uor traffic for the promotion and protection of public health, safety, morals, and welfare, and consequently, a municipal liquor store is primarily a governmental ency for the discharge of a governmental function. Hahn v. City of Ortonville, 1953, 238 Minn. 428, 57 N.W.2d 254. Publicly owned liquor establishments are governmental agencies established in the exercise of the police power to accomplish governmental purposes. Stabs v City of Tower, 1949, 229 Minn. 552, 40 N.W.2d 362. Village cannot divest itself of a portion of its police power by covcnanting that it will continue to operate municipal liquor store until all warrants issued for the financing of store have been retired, but may provide that if operation of store should be discontinued, all merchandise and fixtures owned by village in connection with operation of store should constitute a fund to be used for payment of obligation of village in connection with store. OpAtty.Gen., 218-R, May 24, 1948. Municipality has no right to operate municipal liquor store located outside municipality's corporate limits. OpAtty.Gen., 218-G-13, July 3, 1946. 3. Unincorporated municipalities An unincorporated hamlet or borough cannot issue license for a liquor store. OpAtty.Gen.1936, No. 299, p. 364. An unincorporated village cannot issue licenses or operate a municipal liquor store. OpAtty.Gen.1934, No. 562, p. 834. 4. Population The population determination made by the Minnesota municipal commission pursuant to § 414.01 had to be used for purposes of subds. 1, 5(2) of § 340.358 (repealed; see, now, this section) until the next "federal decennial census" and had to be used for purposes of subd. 2 of § 340.358 (repealed; see, now, this section until the next "census". OpAtty.Gen., 281g-1, Oct. 1, 1973. 5. Census Incorporation census for newly incorporated villages must form basis for determining number of private liquor licenses they may issue as well as their eligibility for municipal liquor dispensaries. Ellis v. Village of Bloomington, 1955, 245 Minn. 292, 72 N.W.2d 350. "59352 Effective date of 1950 census for purpose of this section was on January 1, 1951, and city of Bemidji was required to hold an election on question of tinuing operation of municipal liquor store within one year after that date. Op.Atty.Gen., 218-R, Nov. 28, 1951. 6. Elections A city which had established a municipal liquor store before, on or after July 1, 1967 would be required to comply with the provisions of subd. 2 of § 340.353 (repealed; see, now, this section) which required a special election when the city first exceeded 10,000 in population following the most recent federal census. OpAtty.Gen., No. 218R, Oct. 13, 1980. 7. Private persons Refusal of village to renew private liquor licenses in order to establish an exclusive "on sale" and "off sale" municipal liquor store, does not deprive former licensees of their liberty or property without due process of law in violation of state or federal constitution, regardless of what motives may have prompted village council to establish municipal liquor store. Arens v. Village of Rogers, 1953, 240 Minn. 386, 61 N.W.2d 508, appeal dismissed 74 S.Ct. 680, 347 U.S. 949, 98 L.Ed. 1096. A city could have issued a private on -sale liquor license to a hotel or restaurant pursuant to § 340.353 (repealed; see, now, this section), and thereafter established a municipal on -sale liquor dispensary. Op.Atty.Gen., 218g-20, April 24, 1978. Determination as to whether city should issue private licenses for sale of intoxicating liquor or establish municipal liquor stores was within discretion of local governing body of city. Op.Atty.Gen., 218g-15, July 13, 1965. Where village council proposed to discontinue municipal liquor store and to enter into a ten-year lease of building to an individual who would operate an on and off sale liquor store, council could not, as part of the consideration for the lease, agree to issue only one on and off sale license for such period to such lessee. Op.Atty.Gen., 469-A-9, March 18, 1957. Municipal liquor store of city could not sell intoxicating liquor at wholesale to clubs licensed for sale of intoxicating liquor in the city, and therefore city could no! require the licensed clubs to purchase their liquor from the municipal liquor store. Op.Atty.Gen., 218-J-10, Feb. 11, 1952. Copyright (c) West Group 1998 No claim to original U.S. Govt. works Page MSA § 340A.601, Establishment of municipal liquor stores 8. Annexation on -sale license issued by a county board to restaurant located on land which is annexed to municipality, which is renewed, does not constitute one of thatet' of licenses which may be issued pursuant to § 340A.353 (repealed; see, now, this section) and therefore continued renewal of that particular license was ne to be counted in determining whether a municipality must cease engaging in the municipal liquor store business. Op.Atty.Gen., 218g-11, Feb. 22, 1974. "59353 9. Establishment Village council has sole jurisdiction to determine whether village will have liquor store, and petition signed by many of village voters favoring municipal liquor i� of no effect. Op.Atty.Gen., 218-R, Oct. 15, 1953. Village council has no authority to submit question of establishment of municipal liquor store to vote of people, nor to pay cost of such election. Op.Atty.Gen., 218-R, Oct. 15, 1953. Power to establish a municipal liquor store is-yested.in village councitin a village located in Scott County and there is no provision in the law for holding an election on question of establishing a municipal liquor store in village of Elko, in Scott County. OpAtty.Gen., 218-G-13, Oct. 16, 1950. Under Wabasha city charter, and statutes relating to liquor stores, the city council alone has authority to determine whether city shall operate a municipal liquor store, and city has no authority to submit such question to an election of the people. OpAtty.Gen., 218-G-13, March 7, 1949. Question whether village ordinance providing for municipal off -sale liquor store should be amended so as to permit on -sale of liquor need.M ilo submitted to vote of people. Op.Atty.Gen., 218-G-13, Oct. 15, 1948. A general village fund could be used to establish a municipal liquor store and acquire a stock of liquors. Op.Atty.Gen., 218-R, 218-G-13, 218-C-2, Nov. 3, 1947. A municipal liquor store should be established by ordinance or resolution. 40p.Atty.Gen., 218-R, 218 -G -13,218-C-2, Nov. 3, 1947. A village could purchase building for municipal liquor store withoutan electicln. OpAtty.Gen., 218 -G -12,218-R, Oct. 31, 1947. Where village voted wet at last local option election, in village, no election was necessary to enable it to establish a municipal liquor store, since power to Ash a municipal store is vested in council when it has authority to do so. OpAtty.Gen., 218-G-12, 218-R, Oct. 31, 1947. The general fund of the village could be used fotpurchasinga municipal liquor store. Op.Atty.Gen., 218 -G -12,218-R, Oct. 31, 1947. Unencumbered balance in city's general revenue fund, water bond fund, and water operations fund necessary to pay initial cost of rent, fixtures, stock and operating expenses of municipal liquor store, may be borrowed and credited to liquor dispensary fund with reimbursement to be made out of first moneys coming into the liquor dispensary fund. Op.Atty.Gen., 218-R, June 26, 1947. "59354 If village desired to establish a municipal liquor store, it could on expiration of the one outstanding liquor license, refuse to issue a new license and thereupon start operating a municipal store. Op.Atty.Gen., 218-G-13, June 23, 1947. Municipal liquor store should be established by some action on part of council of municipality, and although a resolution is sufficient to establish the store, council should thereafter pass ordinance setting forth rules under which store shall be operated. Op.Atty.Gen., 218-G-13, May 24, 1946. Where liquor ordinance provided that all liquor licenses were to expire the last day of February in each year, ordinance establishing municipal liquor store would be inoperative until expiration of existing licenses. Op.Atty.Gen., 218-G-13, Jan. 30, 1946. 10. Licenses Statutory provisions relating to licensing of on and off sale liquor stores, have no application to publicly owned liquor establishments. Stabs v. City of Tower, 1949, 229 Minn. 552,40 N.W.2d 362. If a municipality is required to terminate its municipal ofTsale by reason of Laws 1969, c. 1127, § 7, it may then issue private ofTsale licenses. Op.Atty.Gen., 218g-20, July 30, 1969. 11. Premises Municipal off sale liquor store could not sell beer and liquor through a port on side of store to motorists who might drive up to the port on public alley to make Copyright (c) West Group 1998 No claim to original U.S. Govt. works Page MSA § 340A.601, Establishment of municipal liquor stores purchases, in view of liquor control regulations providing that no alcoholic beverages shall be sold except within licensed premises, and that no licensee shall sell an oholic beverages to any person, or persons, for consumption off the licensed premises while such person, or persons, are within a motor vehicle. OpAtty.Gen., j-10, July 1, 1957. Municipal liquor store may not be connected with a restaurant by either a door opening or serving window. OpAtty.Gen., 218-R, March 9, 1955. Space in village hall not needed for municipal purposes may be partitioned off and used for municipal liquor store. OpAtty.Gcn., 469-C-6, June 15, 1954. Municipal liquor store may be established in dance hall providing hall and liquor store are completely partitioned off and it would be necessary for patrons of ha to go outside to get to liquor store. OpAtty.Gen., 218-R, Jan. 28, 1954. Village council may rent room in building, part of which is used for sale of non -intoxicating malt liquor, for the use of municipal liquor store providing that root is completely partitioned off from rest of building so that liquor store may only be entered from street. OpAtty.Gen., 218-R, Jan. 28, 1954. "59355 Part of village hall may be used for municipal liquor store purposes if it is completely partitioned off with separate entrance, and if such is the case remainder of hall may be used for voting purposes. OpAtty.Gen., 218-R, 469-C-6, Jan. 8, 1954. A village council may enter into a 10 -year lease for building to be used as a municipal liquor dispensary, despite fact that lease may run after change in personne of village council. OpAtty.Gen., 218-R, May 11, 1953. Village, which had rented a building for three years for municipal liquor store, could install a floor at cost of 5200 in the building. OpAtty.Gen., 218-R, Feb. 2E 1953. It is not improper for a municipal liquor store to have an entrance into hotel, although liquor may not be purchased by glass in municipal liquor store for consumption in the hotel and food from the hotel may not be served in the municipal liquor store. OpAtty.Gen., 218-R, June 6, 1952. Municipality may purchase or have building constructed for liquor store purposes. OpAtty.Gen., 218-R, May 21, 1951. An ordinance for establishment of a municipal liquor store could be adopted in accordance with initiative provisions of home rule charter of city of fourth class and off sale and on sale licenses could be granted to separate exclusive liquor stores in adjoining rooms of building provided neither licensee operated any other ;ness in connection therewith. OpAtty.Gen., 218-R, May 2, 1951. Where municipal liquor store and restaurant operated by private proprietor are on same premises and connected by door and counter window, municipal liquor store cannot sell liquor to be consumed at tables in restaurant. OpAtty.Gen., 218-R, March 8, 1949. Village cannot rent a building for use as a municipal liquor store and pay as rent therefor 2% of gross receipts of business, since such arrangement would amour to putting village into partnership with owner of building. OpAtty.Gen.1948, No. 69, p. 122. 12. Check cashing A municipality operating a liquor store may not render a check cashing service in conjunction therewith. OpAtty.Gen., 218-R, June 6, 1952. 13. Credit Under § 340.353 (repealed; see, now, this section) municipal liquor stores had authority to extend limited credit to customers. Op.Atty.Gen., 218-R, Sept. 26, 1978. Overruling opinions of June 6, 1952, and September 28, 1952, to the extent inconsistent. 14. Profits Profits of municipal liquor store could be used for an authorized city purpose, such as improvement of city's park system. Op.Atty.Gen., 218-R, June 12, 1947. "59356 15. Wholesale A municipal liquor store must engage strictly in a retail business and cannot make sales at wholesale, and therefore city council cannot legally enact an ordinance requiring that retail intoxicating liquor licensee must purchase intoxicating liquor sold by him from the municipal store. Op.Atty.Gen.1938, No. 297, p. 441; Op.Atty.Gen., 218-G-15, April 4, 1946. Copyright (c) West Group 1998 No claim to original U.S. Govt. works Citation/Title MSA § 340A.603, Financial responsibility 59359 M.S.A. § 340A.603 MINNESOTA STATUTES ANNOTATED POLICE REGULATIONS CHAPTER 340A. LIQUOR MUNICIPAL LIQUOR STORES Current through End of1997 2nd Sp. Sess. 340A.603. Financial responsibility Page Every municipal liquor store must demonstrate proof of financial responsibility required of licensees under section 340A.409. Proof of financial responsibility must be filed by January 15 of each year. The commissioner may suspend the operation of a municipal liquor store failing to demonstrate proof of financial responsibility until the commissioner is satisfied that the municipal liquor store is in compliance with section 340A.409. The commissioner must notify in writing the municipality operating the store of the effective date of the suspension. A suspension under this subdivision is a contested case under the administrative procedure act. CREDIT(S) 1990 Main Volume ,s 1985, c. 305, art 8, § 3. <General Materials (GM) - References, Annotations, or Tables> HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 1990 Main Volume Derivation: St. 1994, § 340.353. Laws 1983, c. 320, § 3. Laws 1982, c. 528, § 4. Laws 1981, c. 331, § 1. Laws 1981, c. 198, § 1. Laws 1978, c. 701, § 2. Laws 1975, c. 345, § 6. Laws 1974, c. 268, §§ 3, 4, 6. Laws 1973, c. 415, § 1. Laws 1973, c. 123, art. 5, § 7. Laws 1969, c. 1127, § 7. Laws 1969, c. 1119, § 7. Laws 1967, c. 19, § 11. Laws 1951, c. 286, § 2. Laws 1949, c. 124, § 1. Copyright (c) West Group 1998 No claim to original U.S. Govt. works Page Citation/Title MSA § 340A.504, Iio..urs.-and,-days"'of. sale ' "59332 The city council, in exercise of its police power, has right to require that no intoxicating liquor licensee who operates a restaurant shall open his restaurant before eight o'clock a.m. OpAtty.Gen. 218-J-8, Jan. 15, 1948. The prohibitions of former §§ 340.021, 340.022 (now, this section) pertain to the sale of nonintoxicating malt liquors within specified hours and do not prohibit licensee from conducting other lawful business in his establishment during hours specified. OpAtty.Gcn.1940, No. 163, p. 212. 9. Municipal Rqtkq"Ww ► Municipal liquor store is not required to remain open during all hours when sale of intoxicating or non -intoxicating liquor is otherwise permitted by city ordinance or state law. OpAtty.Gen., 218-J-8, May 16, 1949. This act applies to municipal liquor stores so that no sale can be made by a municipal store during hours when such sale is prohibited by state law. OpAtty.Gcn.. 218-R, May 16, 1949. Ortonville municipal liquor store may close its doors before restricted closing hour fixed by village ordinance has been reached even though other establishments remain open for the full time permitted. OpAtty.Gen., 218-R, May 16, 1949. Municipal liquor store is not required to remain open during all hours when sale of intoxicating or non -intoxicating liquor is otherwise permitted by city ordinance or state law. OpAtty.Gen., 218-R, May 16, 1949. 10. Violations Evidence sustained conviction of licensed owners of beer parlor for violating city's closing ordinance. City of St. Paul v. St. Aubin, 1937, 201 Minn. 208, 275 N.W. 623. Evidence was sufficient to sustain conviction of permitting consumption of intoxicating liquor on defendant's premises during hours prohibited by muncipal ordinance. City of St. Paul v. Keeley, 1935, 194 Minn. 386,260 N.W. 357. Copyright (c) West Group 1998 No claim to original U.S. Govt. works Citation/Title MSA § 426.19, Municipal liquor store profits 66948 M.S.A. § 426.19 MINNESOTA STATUTES ANNOTATED MUNICIPAL FINANCE, TAXATION, SPECIAL ASSESSMENTS CHAPTER 426. FINANCE, TAXATION Current through End of 1997 2nd Sp. Sess. 426.19. Municipal liquor store profits Page Subdivision 1. Use of. Any city which operates a municipal liquor store from which a revenue is derived in excess of the cost of operation may use and apply such revenue for the construction, operation, repair, and maintenance of sewers and sewage disposal plants and waterworks and water mains, and for the construction, operation, repair, and maintenance of public buildings, and may irrevocably pledge any part of such revenues to the payment of bonds, warrants, or certificates of indebtedness issued for any of such purposes, including any bonds, warrants, or certificates of indebtedness which would otherwise be payable solely from a limited or special fund. Subd. 2. Referendum in certain cases. Before the pledge of any such revenues to the payment of any such bonds, warrants or certificates of indebtedness, except bonds, warrants or certificates of indebtedness to construct, reconstruct, enlarge or equip a municipal liquor store shall be made, the governing body shall submit to the voters of the city the question of whether such revenues shall be so pledged and such pledge shall not be binding on the city until it shall have been approved by a majority of the voters voting the question at either a general election or special election called for that purpose. No election shall be required for pledge of such venues for payment of bonds, warrants or certificates of indebtedness to construct, reconstruct, enlarge or equip a municipal liquor store. CREDIT(S) 1987 Main Volume Laws 1945, c. 273. Amended by Laws 1963, c. 33, § 1; Laws 1965, c. 92, § 1; Laws 1973, c. 123, art 5, § 7. <General Materials (GM) - References, Annotations, or Tables> HISTORICAL NOTES HISTORICAL AND STATUTORY NOTES 1987 Main Volume The 1963 amendment authorized the use of profits for "construction, operation, repair and maintenance of public buildings" by adding the quoted phrase to subdivision 1. The 1965 Amendment added the exception at the end of the first sentence of subd. 2, and added the last sentence of subd. 2. Laws 1965, c. 92, § 2, provided: "Any pledge of municipal liquor store revenues heretofore made by a city or village for the payment of bonds, warrants or certificates of indebtedness which Copyright (c) West Group 1998 No claim to original U.S. Govt. works MSA § 426.19, Municipal liquor store profits Page would be valid under the provisions of Minnesota Statutes 1961, Section 426.19, as amended by haws 1963, Chapter 33, and as amended by this act, is hereby Iwgalized and validated." 1 Copyright (c) West Group 1998 No claim to original U.S. Govt. works MAR 0 4 1998 NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Andy MacArthur FROM: David Licht DATE: 3 March 1998 RE: Otsego - Municipal Liquor FILE NO: 176.08 Per our phone discussion, I am forwarding copies of the information in our Otsego file on municipal liquor. If you have further questions, please call. As I noted to you, we have done municipal liquor store studies for a number of communities. Within the last six months, we just completed an update study for Robbinsdale. PC: Mike Robertson 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416 PHONE 612-595-9636 FAX 612-595-9837 E-MAIL NAC(a WINTERNET.COM ELK RIVER NEWS NOVEMBER 6, 1991 -Municipal liquor unlikely in city's U WAC FILE: Protect t�.l� l < Job No store is near future y Charmaine Barranco Staff writer any time for Otsego to get into It doesn't look like Otsego will the liquor business would be a bad time. have a municipal liquor store Despite the initial costs in - anytime soon. Sparked by word of Elk Rivers volved to begin the business, including constructing, buying decision to hire a consultant to or leasing a building and hiring check into the possibility of es- a manager as well as competing tablishing its second liquor fa- against private industry, Black cility as well as Otsego's ailing raised an ethical issue. budget, the council briefly dis- "It's my reaction that when a cussed the issue Oct. 28. municipality in particular is in Council member Larry the liquor business and at the Fournier, who brought the is- same time they have a police sue to the forefront said, "For department that's telling kids the cities that do have it and it to stay off drugs and booze, I works, its a major source of rev- think that's just plain phoney," enue for them." said Black. "I don't care what a But Council member Ron Black municipal liquor store does for a said, "Those people (in Elk River) city's budget. What kind of a may be sitting there crowing message are you sending?" now, but you need to take a look Council member Floyd Roden at what that liquor store was agreed. "There are better ways doing six years ago." Although Council member to make money," said Roden. Mayor Norm Freske said he Doug Lindenfelser agreed with didn't think that the city should Fournier that a municipal li- compete with private business. quor store could be a money maker, he told the council that "Right now I'm leaning toward "down the road it might be a not having a municipal liquor store in Otsego," said Freske. possibility," but the venture would be too costly for the city "But I wouldn't be opposed to looking at any facts and figures now. Black, however, decided that from other cities on their liquor stores." TO Elaine Beatty DEPT FROM David Licht DEPT SUBJECT Otsego- Municipal Liquor Licenses DATE 14 November 90 The attached information is for the mayor and city council.. There would apprear to be no rush in providing this information to them. Call if there are questions. FILE COPY TOPS 1;P FORM 3398 LITHO IN USA TO: FROM: _ ATE: — E: FILE NO.: ,NIEMORANDUNI Otsego City Council David Licht 14 November 1990 Otsego - Municipal Liquor Licenses 176.03 - 90.22 JIFN A (612) 925-942: FAX (612) 925-272 Pursuant to a discussion held by the Town Board on 13 I`lovember, we followed up on research relative to what neighboring communities charge for liqoor and cigarette licenses. This information is attached for your future refeeence. cc: Jerome Perrault Elaine Beatty Bill Radzwill 4601 EXCELSIOR BOULEVARD • SUITE 410 • MINNEAPOLIS, MN 55416 WHITE - ORIGINAL YELLOW • FILE COPY PINK - C FILE Buffalo Elk River Monticello MUNICIPAL FEE SCHEDULE LIQUOR One One Cigarettes Off Sale On Sale Club Day Wine Event Sunday On Sale Wine/3.2 Beer Combination License Beer License Beer License On Sale Beer License Liquor Set Ups Liquor Liquor — On Sale $25.00 $60.00 $200.00 $200.00 $10.00 $100.00 $250.00 $300.00 $200.00 Investigation - $300 Plus - $3,800 $12.00 $75.00 $150.00 $300.00 N.A. $500.00 N.A. N.A. $200.00 $4,000 N.A. $75.00 $275.00 (Veterans N.A. $275.00 N.A. $250.00 $275.00 $3,750 Organization) (Statutory Membership Statutory Limit Limit) 200 or less $300.00 201- 500 $500.00 501-1000 $650.00 1001-2000 $800.00 2001-4000 $1,000.00 Over 4000 $2,000.00 N.A. N.A. $500.00 .l - - - Comparison of OFF -BAER MUNICIPAL LIQUOR S'PORE'S - -- -- financial data with populations between 5,500 and 7,000 for the year 1989. 0 , 0 GROSS PROFIT NET INCOME CITY POP. ------------- COST OF 3 OF SALES SALES AMOUNT SALO OPERATIING EXPENSE INCOME NON- NON-OPERATING REVENUE EXP. ------------------- 3 OF TRANS - AMOUNT SALES FERS Buffalo Litchfield 6,084 6,020 1,018,725 706,979 311,746 313 811,822 620,014 191,808 243 145,601 109,260 166,145 82,548 2,546 168,691 173 140,000 Montevideo 5,832 719,713 528,023 191,690 273 134,284 57,406 14,512 18,.108 451 96,609 75,514 128 103 36,003 Morris Sauk Rapids 5,500 6,755 539,960 388,610 151,350 .283 775,663 600,089 175,574 233 97,835 53,515 5,763 59,278 118 40,500 30,000 Spring Lk Pk 6,881 2,357,487 1,920,016 437,471 193 97,435 317,080 78,139 120,391 35,702 132,297 66,822 113,841 185,866 153 15,000 --------------------------------------- 83 135,000 j AVERAGE_ -----6,179 1,037,228 793,955 243,273 253 150,249 ------------------------------------------------------------ 93,024 34,821 11,212 116,633 123 66,084 Information on the City of Buffalo Municipal Liquor Store Building: $ 380,000 Land: $ 71,000 Roads: $ 70,000 *no bonding or financing costs. *all inventory displayed on floor. Manager's Salary $ 32,000 *the only full time employee Approximately 20 part-time employees. john 11/12/90 otsego-liq 0 , 0 ` CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 8. JOHN HARWOOD, CITY ENGINEER EB Council 3/9/98 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 8.1. Receipt of Quotations to test wells for potable water A. Consider Award 8.2. Review and Approve 1998 Bituminous Rd. Maint. Prog. for crackfilling/ sealcoatlpavement markings (As per Mgm. Plan and as per Budget of $50,454.00) 8.3. Review and Approve 1998 Gravel Rd. and Dust Control Program (As per Mgm.Plan and Budget $68,482.00) 8.4. Authorize and Direct Preparation of a report & Feas. Study for 1998 Bituminous St. Overlay Program as per Mgm. Plan. (Report is to include a recommendation for assessment with consideration of City general tax expenditures on (gravel -vs -bituminous rds.) 8.5. Review addition of Quaday Avenue #42 to 85TH ST to MSA system 8.6. Review final right of way easement drawings 8.7. Review utility system cost reduction memo. A. Force main alignment along 65TH to WWTF B. Water system review well and tank locations 8.8. Any other Engineering Business BACKGROUND: The above information is being provided by John Harwood and is attached. He will explain to the Council and be available for questions and comments. Item 8.2. Attached is a copy of the un -approved minutes from the Public Works Meeting of Feburary 25, 1998 with attachments from John Harwood. RECOMMENDATION: This is for Council Information and Action where necessary. Thanks, �Z Elaine Hakanson 1Anderson Assoc., Inc. Engineering Items & Requested Action Council Agenda, March 9, 1998 3601 Thurston Avenue Anoka, Minnesota 55303 612/427-5860 Fax 612/427--144 0520 Item 8-1 Quotations for test well, within budget Motion to authorize Mayor and Administrator to enter into contract Item 8-2 1998 Bituminous Road Maintenance Plan Motion to authorize program, funded by general budget Item 8-3 1998 Gravel Road & Dust Control Plan Motion to authorize program, funded by general budget Item 8-4 1998 Bituminous Road Overlay Plan Resolution directing preparation of feasibility study & report Item 8-5 Addition of Quaday to Municiapal State Aid system Motion to direct preparation of Resolution for MSA addition Item 8-6 Utility System Right Of Way & Easement drawings Motion to approve drawings and authorize acquisition process Item 8-7 Review Utility System Memorandum for Council information, no action necessary �ot901 mar.agd Engineers Landscape Architects Surveyors r1 Hakanson Anderson Assoc., Inc. March 4, 1998 Honorable Mayor and City Council City of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 RE: Quotations for Test Well Program Dear Mayor and Council: I 3601 Thurston Avenue Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3494 0520 As authorized by the City Council, we solicited quotations for the test well program that will evaluate potential yield for City Well #2. We received 3 quotations as shown on the attached tabulation. We recommend acceptance of the low quotation from Traut Wells and request the Council, by motion, to authorize the Mayor and City administration to enter into a contract for potable water test wells, in accordance with the request for quotations. Sincerely, HAKANSON ANDERSON�4SSOCIATES, INC. A. Harwood, PE clk ot506may.ccl Engineers Landscape Architects Surveyors Estimated I�cm Ilocr•ri ntinn nI inntity • QUOTE TABULATION POTABLE WATER TEST WELLS FOR A COMMUNITY PUBLIC WATER SUPPLY CITY OF OTSEGO March 4, 1998 Bid Schedule "A" - TEST WELLS IHAUT WELLS E,H RENNER & _SM -S BERGERSON-CASWE�. INC. Unit Unit Unit Price Extension Price Extension Price Extension 1 Mobilization & Demobilization 3 EA $500.00 E_A $1,500.00 $100.00 EA $300.00 $500.00 EA $1,500.00 2 Drilling Unca -sed Hole 1000 LF 5.00 LF 5,000.00 9.00 LF 9,000.00 14.00 LF 14,000.00 3 GAMMA -LOG & Report 3 EA 840.00 EA 2,520.00 800.00 EA 2,400.00 1,475.00 EA 4,425.00 4 Restoration of Site and SealingHole 3 JEA 500.00 EA 1,500.00 950.00 EA 2,850.00 1,000.00 EA 3,000.00 Total of Bidding: $10,520.00 $14,550.00 $22,925.00 OT506BT.WK4 03/04/98 Hakanson Anderson Assoc., Inc. e C Cf 51'7 36 1 Thurston Av ue -- Anoka, Minnesota 55303 612/427-5860 Fax 612/427-349.10520 REQUEST FOR QUOTATIONS ATTENTION: SUBJECT: CITY: cc: oisoetst.w I PROSPECTIVE QUOTERS TEST WELL QUOTES FOR A POTABLE COMMUNITY WATER WELL OTSEGO, WRIGHT COUNTY MIKE ROBERTSON, CITY ADMINISTRATOR JOHN A. HARWOOD, PE The City of Otsego is requesting quotes for drilling and gamma logging one or more test wells. Attached is a quote form to submit a proposal to our office. Upon receipt of the quotes, the City Engineer and the City Administrator will review the results and make recommendation to the City Council for acceptance at the 3/9/98 Council meeting. No bonds are required for the work. Therefore, we are asking that the quote be received at our office by 4:30 pm, March 3, 1998. If you have questions, please contact Larry Koshak at 427-5860. Thank you. Engineers Landscape Architects Surveyors SPECIFICATION for Test Wells City of Otsego 1. Scope of Work: The City of Otsego intends to construct at least one and not more than three test wells for the purposes of determining the depth of the aquifer and gamma log data from which potable water may be taken for use in a Community Public Water Supply. 2. Wells: The test wells shall be temporary in nature for the purposes of gamma logging the full length of the well. The aquifer of interest is the Franconia -Ironton -Galesville formation and the terminal aquitard is the Eau Claire formation. The well depth must be at least 20-30 feet into the aquitard below the aquifer formation. The hole diameter shall be adequate size to allow for uninterrupted Gamma ray logging throughout the drill hole into the aquitard. 3. Location: The test wells shall be done at up to three locations as shown on the attached maps. The precise location will be determined in the field by the engineer. The City will provide access to the sites. 4. Priority: Site #1 shall be completed and the Gamma log reviewed for aquifer depth. If upon the expert opinion of the subcontractor doing the gamma log that adequate formation depth exists and potential yield meets proposed needs, the test. well drilling contract will end. Shou!d the engineer, with consultation with a garnma log expert, determine the formation appears to be inadequate for the required yield, another test hole will be drilled at Site #2. The same decision to dr ill ;Dn Site #3 will be made based on -the results and opinion of Site #2 gamma log. 5. Utilities & Permit: The contractor (driller) shall be responsible for any permits required and location of any underground utility before drilling. 1 6. Elevation: The City will provide sea level elevation for each test well site. City Engineer will provide that service. 7. Gamma Log: The contractor shall subcontract with a gamma log firm, providing a report on each well log result. The report shall identify formations, approximate depth of each formation and provide an opinion on potential yield capacity of the aquifer. The contractor shall gamma log the well utilizing equipment which provides a continuous strip chart record and also a digital interpretation of the data. The data shall be interpreted to ascertain the formational characteristics of the material encountered in the borehole by the Contractor. 8. Drilling Samples: Drilling samples shall be obtained at every formation change, where a sample shall be taken every 5 feet to determine the transition. Two samples from each sampling point shall be retained for the City Engineer to examine at the site. 9. Closure & Cleanup: The Contractor shall be responsible for closure of the test well in accordance with State of Minnesota requirements after a completed gamma log is taken and certified complete by the gamma log subcontractor. The site cleanup shall include restoration of the area by leveling and restoring the site to original condition. 10. Measurement !terns 1,3, 4 in Schedule "A" of the Quote Proposal shall be measured by its occurrence at each site #1, 2, and 3. Item 2 will be measured by the linear foot .. of open hole drilled into the Eau Claire formation from the ground surface at each test site. 11. Payment Each item shall be paid by the unit method shown in the Quote Proposal. ot506tst.spc 2 w7c,; /dal r r r. r 1 r i r I r Ic. s ti H. (+.E. 70th ST.) a '� Acn�anson ",An arson Assoc.,Inc. ITE 22 SIT z ry 2 N 72 A-SITE13 r 3 m"am mom 0 LOCATION MAP TEST WELL MARCH 1998 - (�. --s ,4t- g. a t� CITY OF OTSEGO PUBLIC WORKS SUB -COMMITTEE MEETING FEBRUARY 25, 1998 - 4PM MI.vUTES 1. Call meeting to order Councilmember Suzanne Ackerman called the meeting to order at 4:04PM. Roll Call: Larry Fournier, Mayor, Suzanne Ackerman, Council Member, Mike Robertson, City Administrator, John Harwood, City Engineer and Elaine Beatty, City Clerk/Zoning Adm. were present. Dave Chase was ill and did not attend. 2. Approve Minutes of January 15,1998: Minutes will be considered at the next P.W. Meeting (Had not been included in the packet - Add to next agenda). 3. Discuss Sewer & Water Issues: John Harwood has sent new drawings to the appraiser for the cost for right of way for new alignment of 62nd ST. It was decided that this item #3 should be a permanent agenda item while we are planning sewer and water. The Public Works Committee can make some decisions such as tower type, etc. Hydrants - there are national standards. John stated on 65th St. on East side of #101 they have changed plans and sent to Mr. Wyatas today. He will bid both kinds of towers (Water Spheroid and fluted) so we have a choice. 4. Discuss Otsego Roads: Attached is John Harwood's Memo on roadway maintenance plans #'s 431, 432, and 433. The budget was reviewed and $120,000.00 total has been budgeted. $116,423.00 was actual budget after reduction in striping (Odean Ave SIE striping taken off) from $20,270.00 to $8,250.00. The amount of $22,886.00 for crackfilling was budgeted. Discussion was had on hot tar crackfilling -vs- cold mix. It was agreed that the cold mix works much better. Eighteen segments are scheduled for overlay in 1998 for a total of $348,526.00. Discussion of getting on Wright County list for striping, and other items were discussed. Larry Fournier stated we need to look at City Assessment Policy for overlays, etc. P. W. Sub -Committee decided to go with overlays and look at it with the Council for next Council meeting of March 9, 1998. July is targeted for overlay work. John Harwood will check to see if the shouldering is included in the prices and they will patch the areas as needed before overlaying. (John will also address CITY OF OTSEGO PUBLIC WORKS MEETING MINUTES OF FEBRUARY 25, 1998 AT 4PM - PAGE 2 - topsoil for Mississippi Shores project and seeding at the same time). Gravel roads and dust control was discussed. 5. Any Other Public Works Issues: Mike Robertson discussed the Otsego Prairie Park and clean up of the park with Otsego Public Works and Sentence to Serve help. Judy Hudson will get estimates of what it will cost to cut down some of the major branches that are broken and dangling. LARRY FOURNIER MOTIONED MIKES RECOMMENDATION REGARDING OTSEGO PRAIRIE PARK. SUZANNE ACKERMAN SECONDED THE MOTION. MOTION CARRIED. Since Dave Chase is in the hospital, Mike Robertson will set a time with Dave Chase for his job review. 6. ADJOURN: LARRY FOURNIER MOTIONED TO ADJOURN MEETING. SUZANNE ACKERMAN SECONDED THE MOTION. MEETLYG ADJOURNED AT 4:54PM. CITY OF OTSEGO: ELALNE BEATTY, CITY CLERK eb CITY OF OTSEGO FIVE-YEAR BUDGET SUMMARY FOR ROADWAY MAINTENANCE 09/02/97 ,V/LO f/z ASK f"'L 1998 Type of Maintenance Graveling Roadways Dust Control Crack Filling Seal Coat Striping Cost Estimate $37,400 $22,243 $22,886 $25,644 6,Zs0 $128,443 �/ TUi'�iNoul %Z&If J 00d4LtiY /9g S P/i,� F2 17,41 i9 JCS 6-%rrf cr 3y8, s26 - LENGTH WIDTH OTHER TOTAL TRANSVERSE COST EST. STREET NAME LOCATION (ft.) (ft.) AREA SURFACE CRACKING' CRACK ASSUMPTIONS: ^.rase crack & joint repair= 2.4 LF/LB 1998 CITY OF OTSEGO COST ESTIMATES FOR SEAL COAT STREET NAME LOCATION JE [Kadler 7th St NE to Ka_dler Ave NE :70th St NE Ave NE to CSAH19 IPackard Ave NE SAH37_to 60th St NE 'TOTAL ASSUMPTIONS 19 verp2197 09102/97 LENGTH (!t•) 5,960 5.270 5,270 WIDTH (ft.) 28.4 28.0 24.1 OTHER AREA 8 - ft. 0 0 0 TOTAL SURFACE AREA s . ft. 169,264 147,560 127,007 COST BITUMINOUS MATERIAL 4,138 3,607 3,105 COST AGGREGATE MATERIAL 5.642 4,919 4,234_ TOTAL COST SEAL COA 9,780 8,526 - - _ 7,338 70th _th St NE to KadlerAve NE 5,960 $10,849 $14,794 _ $25,644 1998 CITY OF OTSEGO COST ESTIMATES FOR STRIPING STREET NAME LOCATION LENGTH COST(ft.) ESTIMATE -Si -NE 70th _th St NE to KadlerAve NE 5,960 STRIPING 2,980 70th Stdler Ave NE to CSAH19 lPac�i�-c[-A-v�--NEH37 5,270 2,635 "EJ to 60th St NE Gdea4,34-0 5,270 2,635 �Gdeen-Aye44E-190th St NE te 86th St NF= Adean-Rve-fV--- — 629 --- — - TotalIT --- 2, ASSUMPTIONS: /� soo -- zsa Price = $0.25/LF Per Stripe Odean Ave NE will have 4 stripes per roadway 09/02197 CITY OF OTSEGL. _ _RLAY COST ESTIMATE (1998) SUBDIVISION LENGTH WIDTH OTHER TOTAL ALLIGATOR BLOCK POTHOLES POTHOLES PATCHING OVERLAY TOTAL STREET NAME LOCATION NAME (tL) Of.) AREA SURFACE CRACKING CRACKING L. M. & H L. M, i H COST COST, MAT 09/02/97 ASSUMPTIONS: 30' diameter for potholes Price of patching material - $1.04/SF Y Wt a 150 LBSXF '1.2 Is the factor of safety to account for waste, rut filling, radii, driveways, etc. Price of overlay matedal • $221ton Approximately 2S% Contingency, Engineering, Legal, Administrative, and Bonding Pro)ect Cost - =435,657 Units+ 210 Cost Per Unit - $2,074.66 Based on 10 years bonding @ 6%, a yearly lee of $281.87 per unit per year Is required OT910%980VRLAY WK4 s. rc netts s. tt M 3 H s .tt M tL H s .h 11 s fL Odell Aw NE 78th St HE to Cuk*-sac Dear Field Acres 430 22.6 3,421 13,139 0 ESTIMATE 76th SI NE _ Odean Ave NE to an Ave NE Dear Field Arres/Hdden Valley 2,110 22.0 0 1,104 0 0 1,148 4,337 5 485 87th Cr NE Cul4e-sac W en Ave NE Hairs 3rd Addn. 235 23.0 46,420 1,975 582 5 25 2,685 15322 18,006 Packard Ave HE en Ave NEW 85th Sl NE Hairs 3rd Addn. 1 050 6 362 11 767 324 8 285 3 15 8889 3 884 10,773 88th St NE Ave NE to Odell Ave NE Hairs Adds 23.30 24,698 6,170 9,949 6 39 16,&)5 8,152 24,967 8&h St NE Odell Ave NEW Ogren Ave NE Hairs Addn. 510 29.0 6 434 21,224 552 0 0 0 574 7,005 7,579 8&h St NE Ohland Ave NE W East plat fine Hairs Addn. 1 180 22.4 0 26,432 1,056 7,482 1 5 8,885 8,724 17,609 89th Sl HE (bean Ave HE to Ohl" Ave NE Hairs Addn. 225 24.5 0 5,513 1,152 2,475 0 0 3,772 1,819 5,592 Odell Ave NE 89th St NE to 88th St NE Hairs Addn. 2,250 22.0 0 49,500 1 322 132 38 235 7 34 41 175 ,33 16 338 57 513 OQd�n AWS NE Noll plat Irw l0 8901 Sl NE Hairs Adds. 825 237 _23.5 0 19 388 4 976 0 0 5,,17 8 12,212 Owen Ave NE St NE to 85th Sl NE _ Hairs Addn./Hay's 2nd Addn. 2 560 22.8 23.0 0 5 404_ 351 1 242 0 0 1,657 1,784 3,4_40_ Ot"W Ave NE CSAH39 to Packard Ave NE Plde's Addn./Hairs Addn./Hairs 2nd Addn. 2,620 23.0 0 58,880 12,170 16,630 6 29 29,983_ 19,434 49 417 81 st Sl NE Ogren Ave NE W Packard Ave NE Vasseur's Oak Grove Estates 1st Addn. 650 18.5 0 60 260 12,420 25,630 2 10 39,582 19.8w 59,472 Packard Ave NE 85th St HE W South plat Ise Vasseur's Oak Grove Estates 1 st Adds. 2,610 18.5 0 0 12,025 153 0 1 5 164 3,969 4,133 83rd Sl NE _ Ocean Ave HE to Ogren Ave NE Vasseurs Oak Grove Estates 2nd Addn. 1,670 18.8 0 48,285 699 0 7 34 763 15 837 16 700 84th Sl NE Odell Ave NE to Ogren Ave NE Vasseur's Oak Grove Estates 2nd Addn. 1,260 18.8 0 31,396 63 18 4 20 105 10,363 10,467 Odes Ave NE 84th St NE W 83rd St NE Vasssur s Oak Grove Estates 2nd Addn. 638 18.8 0 23,688 246 0 0 0 256 7,819 8,074 Ogren Ave NE St HE to 78th St NE Vasseufs Oak Grove Est. 1 st d 2nd Addn. Midden Valla 3 610 24.4 0 11.994 1,368 627 0 0 2075 3 959 6,034 Totals 88 084 774 1 Olio 8 29 1959 29 074 31 032 558 098 $164 317 $1841209 _ 626 ASSUMPTIONS: 30' diameter for potholes Price of patching material - $1.04/SF Y Wt a 150 LBSXF '1.2 Is the factor of safety to account for waste, rut filling, radii, driveways, etc. Price of overlay matedal • $221ton Approximately 2S% Contingency, Engineering, Legal, Administrative, and Bonding Pro)ect Cost - =435,657 Units+ 210 Cost Per Unit - $2,074.66 Based on 10 years bonding @ 6%, a yearly lee of $281.87 per unit per year Is required OT910%980VRLAY WK4 1998 CITY OF OTSEGO COST ESTIMATES FOR GRAVEL LENGTH WIDTH OTHER TOTAL STREET NAME LOCATION (ft.) (ft.) AREA SURFACE - ---------7 (sq. ft. AREA (sq. ft.) 'r Ave NE Kadler Ave NE McAllister Ave NE McAllister Ave NE 77th St NE _ Nashua Ave NE TOTAL 09102197 COST GRAVELING (CLASS 6) CSAH39 to 92nd St NE 2,050 26.0 0 53,300 4,105 92nd St NE to 85th St NE 3,960 24.0 0 95,040 7,320 67th St NE to CSAH37 3,980 24.4 0 97,112 7,479 77th St NE to 67th St NE 4,000 22.0 0 88,000 6,777 McAllister Ave to Nashua Ave NE 4,160 21.0 0 87,360 6,728 83rd St NE to 77th St NE 2,700 24.0 0 64,800 4,991 67th St NE to South end 2,910 24.6 0 485,612 $37,400 ASSUMPTIONS: 2" LIFT CLASS 5 AGGREGATE = 140 LBS/CF FS = 1.1 PRICE = $6.001TON BEET NAME LOCATION fKadl� :Kadl( ;Mac IMac Mac IMcAI McAI 77th Nash 96th Qua( Parse 165th 1Qual 1162nd 89th (Pare' O'Bri 96th �O'Da 'CSAI CSAI tA' 10'Bri 87th ITOT, 1998 CITY OF OTSEGO COST ESTIMATES FOR DUST CONTROL LENGTH WIDTH OTHER TOTAL (ft.) (ft.) AREA SURFACE (Ra_ ft -1 AREA (so. ft.) 09102/97 COST DUST CONTROL (Ma C11 r Ave NE CSAH39 l0 92nd St NE 2,050 26.0 0 53,300 888 _ r Ave NE 92nd St NE to 85th St NE 3,960 24.0 0 95,040 1,584 _ r Ave NE 80th St NE to 70th St NE 5,170 22.2 0 114,774 1,913 ver Ave NE 80th St NE to 70th St NE 5,290 22.0 0 116,380 1,940 _ ver Ave NE_ 70th St NE to 67th St NE 1,330 24.6 0 32,718 545 _ ver_Ave NE 67th St NE to South end 2,910 24.6 0 71,586 1,19.3 ister Ave -NE- 67th St NE to CSAH37 3,980 24.4 0 97,112 1,619 ister Ave NE 77th St NE to 67th St NE 4,000 22.0 0 88,000 1,467 St NE_ lister Ave to Nashua Ave NE 4,160 21.0 0 87,360 1,456 __ ua Ave_N_E 83rd St NE to 77th St NE 2,700 24.0 0 64,800 1,080 _ St NE Nashua Ave NE to East end 1,670 18.0 0 30,060 501 ay Ave NE CSAH 42 to 72nd St 3,820 32.0 0 122,240 2,037 )n Ave NE 72nd St to CSAH37 1,690 22.4 0 37,856 631 _ St NE__ West end NE to Cul-de-sac 1,179 24.0 8,171 36,467 608_ _ . .Ave -NE 65th St NE to 62nd St 1,640 19.8 0 32,472 541 St NE West end to Quam Ave NE 1,585 22.0 0 34,870 581 St NE 1 Ave NE 3n Ave NE Page Ave NE to Parell Ave NE_ 1,100 21.0 0 23,100 385 _ CSAH 39 to 89th St HE 470_ 21.0 0 9,870 96th St NE to CSAH 39 890 18.0 0 16,020 165__ _ 267 St NE O'Brian Ave NE to O'Day Ave NE 1,360 18.6 0 25,296 422 _ y Ave NE 96th St NE to CSAH 39 1,170 20.4 0 23,868 398 139 Service Rd Ochoa Ave to East End 1,056 17.0 0 17,952 299 1 39 Service_Rd -139 Servic_e_R_ d Nelmark Ave NE to West plat line of H.P. 660 17.0 0 11,220 1_87 Naughtor St NE to Nelmark Ave NE 792 17.4 0 13,781 230 an Ave NE North plat line to 85th St NE 1,640 19.0 0 31,160 519 St NEO'Brian Ave NE to Odean Ave NE 2,250 21.0 0 47,250 788 kc -_-. -- - - 1,334,552 $22,243 ASSUMPTIONS: ipllcation Rate of Magnesium Chloride = 0.3 gal/sy ice = $0.50/gal t910198dust$. WK4 Total Other Services and Charges 4 10 13,515 44,378 -38- I 56,100 24,249 45,480 City of Otsego General Fund EVenditures Budget Streets & Roads Service Activity Number 43100 Actual Proposed 1995 1996 1997 1997 to 1998 Code Item Actual Actual Budget June 30 Budget Personal Services 101 Salaries & Wages $ 65,226 $ 68,296 $ 75,092 $ 38,675 $ 90,000 102 Overtime 4,758 3,601 5,977 6,000 Part-time - - - - 5,000 121 PERA 2,922 3,111 3,632 1,719 4,973 122 FICA 4,230 4,664 5,027 2,762 5,952 126 Medicare 989 1,011 1,176 117 1,392 123 Health & Dental 4,205 4,664 6,200 2,075 7,200 130 Disability 372 439 418 163 468 140 Unemployment Total Personal Services 82,702 86,740 97,522 45,511 120,985 Supplies 202 Gas, oil & propane 11,909 18,063 11,600 9,518 18,000 203 General supplies 320 1,657 500 1,756 500 210 Operating supplies 134 - 2,500 166 2,500 220 R & M supplies 22,256 17,901 12,000 9,084 18,000 392 Culverts 939 - 3,000 106 3,000 393 Street signs 1,010 1,763 - 142 - 394 Rock - - - - " Total Supplies 36,568 39,384 29.600 20,772 42,000 Other Services and Charges 225 Uniforms 1,328 1,876 1,560 173 2,340 204 Insurance 4,626 3,561 3,700 3,053 3,700 240 Small tools 25 200 500 - 500 310 Miscellaneous 25 - 390 246 390 320 Telephone/Comm. 807 159 700 377 700 322 Utilities 270 2,978 2,600 1,993 2,600 360 Education/training/conf. - - - 370 Gravel 447 16,310 15,000 7,760 15,000 372 Salt 3,934 1,187 11,400 - - 373 Salt & sand 2,053 18,107 20,250 10,647 20,250 Total Other Services and Charges 4 10 13,515 44,378 -38- I 56,100 24,249 45,480 Contractual Charges 302 Engineering 9,637 6,695 3,000 301 Lege! 310 Miscellaneous - 159 - - - 390 Contracted services 400 R & M - Equipment 32,773 2,757 2,699 3,057 - - - 3,054 - - 410 Rentals 108 4,360 5,000 51000 431 Gravel contracting 20,980 19,790 31,215 - 46,239 432 Sealcoating - 27,771 3,172 25,644 433 Crackfilling 27,896 16,560 Dust coating - - - - 22,243 Shingle overlays 5,000 Striping 20,270 434 Blacktop patch - 4,140 - - - 435 Street sweeping - 1,807 - - - Total Contractual Charges & Service. 66,255 70,603 63,986 6,226 143,956 Capital Outlay 501 Equipment - Lease 20,424 20,425 20,425 10,212 20,425 530 Improv. other than bldgs 4,152 1,950 - - 2,000 Total Capital Outlay 24,576 22,375 20,425 10,212 22,425 Total Service Activity $ 223,616 $ 263,480 $ 267,633 $106,970 $ 374,846 Hakanson Anderson Assoc.,Inc. August 29, 1997 Gary Groen, Finance Director City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 ; SEP -2199 RE: City 9 of Otsego - 1998 Engineer's Estimated Budget 3601 Thurston Avenue Anoka, Minnesota 55303 612/427.5860 Fax 612/427.3+0+- 0520 Dear Gary, Please find enclosed a detailed breakdown of our estimated budget for 1998. We feel this is a reasonable expectation of work to be performed in 1998. If you have any questions, please do not hesitate to contact me. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. Kevin P. Kielb, PE mrr cc: Elaine Beatty, Clerk Lawrence G. Koshak, PE ot901 .ggt Ei�};inc:en _42_ Landscape Architects Surveyors ■ CITY OF OTSEGO SUMMARY OF ENGINEERING BUDGET ESTIMATE FOR 1998 City Council Meetings 24 @ $62.50 x 1 Hour = $1,500 Special Meetings 12 @ $62.50 x 2 Hours = $1,500 Staff Meetings 12 @ $62.50 x 4 Hours = $3,000 Public Works Meetings* 4 @ $62.50 x 2 Hours = $500 Wetland Administration = $3,000 Public works Road and Culvert Review as Required* _ $4,000 MSA Submittals, Meetings & Communications = $3,800 Public Works Related (Maintenance Projects) * _ $16,200 General Engineering Services (council directed) _ $8,500 Miscellaneous Projects and Studies (not assessed) _ $9,000 Road Rating Update* _ $4.000 $ 55,000 *Public Works Engineering Budget can be reduced to $0, or these numbers can be incorporated into the Public Works Budget. ft otsol.sum I a 0 Gary Groen, Finance Director City of Otsego 8899 Nashua Avenue Otsego, MN 55330 M. we -D r-. 12 3601 Thurston Avvenut A2/k42 M86mta Ss3m Fax 612/427.3.- Oe20 RE: 1998 Budget - City of Otsego Dear Gary: Hakanson Anderson Associates, Inc. has reviewed the proposed 1998 budget for the City of Otsego, We have the following comments relating to Engineering and Public Works. 41560 -Engineering °I� 04 The proposed budget Is $5 0 e feel this is adequate to cover the general engineering services. 43100-302 - Public Works Engineering Presently, no money has been budgeted for this activity. We feel an amount of $3000 should be budgeted for street maintenance items. This includes a yearly update to the street rating program and miscellaneous minor public works related projects. 45302- Park Maintenance Engineering A budget amount of $2500 is listed for this item. We feel this is adequate for Park and Maintenance Engineering. The budget amounts listed for Engineering do not Include sewer and water related issues or special projects. Maintenanoe Itemq (431001 Based upon the five year maintenance plan presented to the Public Works Committee, the following budgetary amounts were discussed: Engineers Landscape Architects Surveyors -44- RUG. 25. 19W 3. 15PM TO:OTSEGO Hakanson Anderson Assoc., Inc. August 25, 1997 a 0 Gary Groen, Finance Director City of Otsego 8899 Nashua Avenue Otsego, MN 55330 M. we -D r-. 12 3601 Thurston Avvenut A2/k42 M86mta Ss3m Fax 612/427.3.- Oe20 RE: 1998 Budget - City of Otsego Dear Gary: Hakanson Anderson Associates, Inc. has reviewed the proposed 1998 budget for the City of Otsego, We have the following comments relating to Engineering and Public Works. 41560 -Engineering °I� 04 The proposed budget Is $5 0 e feel this is adequate to cover the general engineering services. 43100-302 - Public Works Engineering Presently, no money has been budgeted for this activity. We feel an amount of $3000 should be budgeted for street maintenance items. This includes a yearly update to the street rating program and miscellaneous minor public works related projects. 45302- Park Maintenance Engineering A budget amount of $2500 is listed for this item. We feel this is adequate for Park and Maintenance Engineering. The budget amounts listed for Engineering do not Include sewer and water related issues or special projects. Maintenanoe Itemq (431001 Based upon the five year maintenance plan presented to the Public Works Committee, the following budgetary amounts were discussed: Engineers Landscape Architects Surveyors -44- Gary Groan Page 2 August 25, 1987 431- Gravel Contracting $46,239 432, Sealconting $25,644 433- Crackfilling $16,560 410- Miscellaneous - Dust Coating $22,243 - Shingle Overlays $5,000 - Striping $20,270 The above items should be Incorporated into the 1998 budget. If you have any questions, please do not hesitate to contact me. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. Kevin P. Klelb, PE kas cc: 02901 Opti Elaine Beatty, Clerk -45- Ander on ■■ Assoc..Inc. Hakanson 3601 Thurston Avenue Anderson Anoka, Minnesota 55303 Assoc., Inc. 612/427-5860 Fax 612/427-3484 0520 March 4, 1998 Honorable Mayor and City Council City of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 RE: 1998 Street Program Dear Mayor and City Council: On February 25th, the City Public Works Committee reviewed the 1998 Street Maintenance and Reconstruction program as contained in the Pavement Management Study and recommended a program for calendar year 1998. Attached is a map showing the extent of the proposed 1998 work, along with excerpts from the Roadway Management Plan and from the 1998 City Budget. The only change from the Roadway Management Plan to the 1998 recommendation is the deletion of center and side line painting for Odean Avenue. It is noted that the addition of a center line stripe only on Odean has a cost of $3,000.00. The need for an Odean Avenue center strip will be reviewed prior to doing the actual paint work with consideration given to adding stripe based on traffic and road appearance. We recommend Council adoption of a motion authorizing the 1998 Roadway Maintenance Program. The implementation of the program will be in several steps, in part by "normal" Public Works grading or graveling operations, in part by receipt of bids in cooperation with adjoining communities, and in part by special bids or quotations. We will coordinate the Maintenance Program with City Public Works through the City Administrator. We request Council action on the street overlay project by consideration of the attached resolution directing preparation of a Feasibility Study. The resolution and Feasibility Report are a necessary step required by Minnesota Statutes Chapter 429 for a public improvement where assessments are proposed. During preparation of the Feasibility Report we will collect information on the relative cost to the City of bituminous vs. gravel road maintenance and provide data for Council consideration on equitable City funding support of road overlay assessments. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. pll( A. Harwood, PE cl k ot336may.ccl Engineers Landscape Architects Surveyors 'C=r • J . I%moi 7w Elm man !j _��LLIIY��GI�t�lt�l1 � IOdr�■-.I,� 'Q- ,_ 1. "NMI . . .111116. . . . . . . . . . . . . . . 1 ".1 ih.. M;. WHO,-'. W!"It ME NEW& Mll .04 la MEN Mill � ��I� �MINE�=M ��i ISO[ /498 -01.ot� T �R�►v6,� %ZOA�O.t ✓ a,Tu,w„veuf 6 7, t � . Tor/IA. 13s , qs6 City of Otsego General Fund Expenditures Budget Streets & Roads Service Activity Number 43100 Actual Proposed 1995 1996 - 1997 1997 to 1998 Code Item Actual Actual Budget June 30 Budget Personal Services 101 Salaries & Wages $ 65,226 $ 68,296 $ 75,092 $ 38,675 $ 90,000 102 Overtime 4,758 3,601 5,977 - 6,000 Part-time - - - 5,000 121 PERA 2,922 3,111 3,632 1,719 4,973 122 FICA 4,230 4,664 5,027 2,762 5,952 126 Medicare 989 1,011 1,176 117 1,392 123 Health & Dental 4,205 4,664 6,200 2,075 7,200 130 Disability 372 439 418 163 468 140 Unemployment 954 - - Total Personal Services 82,702 86,740 97,522 45,511 120,985 Supplies 202 Gas, oil & propane 11,909 18,063 11,600 9,518 18,000 203 General supplies 320 1,657 500 1,756 500 210 Operating supplies 134 - 2,500 166 2,500 220 R & M supplies 22,256 17,901 12,000 9,084 18,000 392 Culverts 939 3,000 106 3,000 393 Street signs 1,010 1,763 - 142 - 394 Rock - Total Supplies 36,568 39,384 29,600 20,772 42,000 Other Services and Charges 225 Uniforms 1,328 1,876 1,560 173 2,340 204 Insurance 4,626 3,561 3,700 3,053 3,700 240 Small tools 25 200 500 - 500 310 Miscellaneous 25 - 390 246 390 320 Telephone/Comm. 807 159 700 377 700 322 Utilities 270 2,978 2,600 1,993 2,600 360 Education/training/conf. - - - - 370 Gravel 447 16,310 15,000 7,760 15,000 372 Salt 3,934 1,187 11,400 - - 373 San & sand 2,053 18,107 20.250 10,647 20,250 Total Other Services and Charges 13,515 44,378 56,100 24,249 45,480 Contractual Charges 302 Engineering 9,637 6,695 - 3,000 301 Legal - - - 310 Miscellaneous -159 390 Contracted services 32,773 2,699 - 400 R & M - Equipment 2,757 3,057 3,054 410 Rentals 108 4,360 5,000 - 5,000 431 Gravel contracting 20,980 19,790 31,215 46,239 432 Sealcoating - - 27,TI1 3,172 25,644 433 Crackfilling 27,896 f;,56o-* Dust coating - y 22,243 T Shingle overlays _ - S OCO Striping - - - 20,270X' 434 %. cktop patch 4,140 435 Street sweeping - 1,807 Total Contractual Charges & Service; 66,255 70,603 63,986 6,22' _ 14 Capital Outlay 501 Equipment - Lease 20,424 20,425 20,425 10,212 20,425 530 Improv. other than bldgs 4,152 1,950 - 2.000 olal Capital Outlay 24,576 22,375 20,425 10,212 22,425 Total Service Activity $ 223,616 $ 263,480 $ 267,633 $ 106,970 $ 374,846 /498 -01.ot� T �R�►v6,� %ZOA�O.t ✓ a,Tu,w„veuf 6 7, t � . Tor/IA. 13s , qs6 CITY OF OTSEGO FIVE-YEAR BUDGET SUMMARY FOR ROADWAY MAINTENANCE 09102197. p,La yn A•K "It cf,4d Nv 6 ti y6 rit'j- 1998 Graveling Roadways Dust Control Crack Filling Seal Coat Striping '3/7-Ci-A11M0uf 04'E24t?Y Cost Estimate $37,400 $22,243 $22,886 $25,644 g,zS10 1/6 ,A� Z,3 /998 /7/2v6:1L/7M JI /8 ref "of 6Arr.r � o� 3y 8, s2 6 STREET NAME H Ove NE Kadler Ave NE McAllister Ave NE McAllister Ave NE 77th St NE Nashua Ave NE _ TOTAL 1998 CITY OF OTSEGO COST ESTIMATES FOR GRAVEL 09/02/97 • LENGTH WIDTH OTHER TOTAL COST LOCATION (ft.) (ft.) AREA SURFACE GRAVELING AREA (sq. ft.) (CLASS 5 CSAH39 to 92nd St NE 2,050 26.0 0 53,300_ 4,105 92nd St NE to 85th St NE 3,960 24.0 0 95,040 7,320 67th St NE to CSAH37 3,980 24.4 0 97,112 7,479 77th St NE to 67th St NE 4,000 22.0 0 88,000 _ 6,777 McAllister Ave to Nashua Ave NE 4,160 21.0 0 87,360 6,728 83rd St NE to 77th St NE 2,700 24.0 0 64,800 4,991 67th St NE to CS_AH37 3,980 24.4 0 485,612 $37,400 ASSUMPTIONS: 2" LIFT CLASS 5 AGGREGATE = 140 LBS/CF FS = 1.1 PRICE = $6.001TON =ET NAME LOCATION �Kadli IKadt Mac_ Mac Mac McA McA 77th Nast 96th Qua, Pars 65th Qua ium I89th IParE O'Br 96th IO'D C SP CSP CSF O'Bi 87th 1TM 1998 CITY OF OTSEGO COST ESTIMATES FOR DUST CONTROL 09102!97 LENGTH WIDTH OTHER TOTAL COST (ft,) (ft.) AREA SURFACE DUST CONTROL - "% wocn I.- H i rMn Cil �r Ave NE CSAH39 to 92nd St NE 2,050 26.0 0 A 0 53,300 888 1,584 �r Ave NE__ 92nd St NE to 85th St NE 3,960 24.0 222 0 114,774 14,77 1'913 ;r Ave NE Iver Ave NE 880th St NE to 70th St NE 80th St NE to 70th St NE 5,170 5,290 22.0 0 116,380 1,940 _ Iver Ave NE _ 70th St NE to 67th St NE 1,330 24.6 0 0 32,718 71,586 545 1,19.3 Iver_Ave N_ E__ 67th St NE to South end 2,910 24.6 0 97,112 1,619 lister Ave NE__ 67th St NE to CS_AH37 3,980 24.4 0 88,000 1,467 lister AveNE 77th St NE to 67th St NE 4,000 22.0 0 87,360 1,456 St Nit--_ ___ McAllist_er Ave to Nashua Ave NE 4,160 21.0 0 64,800 1,080 wa Ave_N_E 83rd St NE Co 77th St NE 2,700 24.0 18.0 0 30,060 501 St NE Nashua Ave NE to East end 1,670 0 122,240 2,037 iay AveNE CSAH 42 to 72nd St 3,820 32.0 0 37,856 631 on Ave NE _ 72nd St to CSAH37 1,690 1,179 22.4 24.0 8,171 36,467 608 St NE_ West end NE to Cul-de-sac 1,640 19.8 0 32,472 541 e Ave NE_ St tJE 65th St NE to 62nd St West end to Quam Ave NE 1,585 22.0 0 34,870 581 St NE Page Ave Nto Parell Ave NE E 1,100 21.0 0 23,100 385 II Ave NE CSAH 39 to 89th St NE 470_ 21.0 0 0 9,870 16,020 _165___ 267_ an Ave NE 96th St NE to CSAH_39 'Day 890 18.0 18.6 0 25,296 _ 422 St NE _ _ _ O'Brian Ave NE to 0 Ave NE 1,360 0 23,868 398 iy Ave NE 96th St NE to CSAH 39 1,170 20.4 0 17,952 299 H 39 Service Rd Ochoa Ave to East End 1,056 17.0 H 39 Service Rd Nelm_ark Ave_NE to West plat line of H.P. 660 17.0 0 11,220 1_87 H 3.9 Service -Rd Naughton St NE to Nelmark Ave NE 792 17.4 0 13,781 230 ian Ave NE North line to 85th St NE 1,640 19.0 0 0 31,160 47,250 519 788 St NE - _..___ O'Brian Ave NE to Odean Ave NE 2,250 21.0 1,334,552 $22,243 'AL ^SUMPTIONS: pplication Rate of Magnesium Chloride = 0.3 gal/sy rice - $0.50/gal ,t910\98dust$.WK4 STREET NAME LOCATION LENGTH WIDTH OTHER TOTAL TRANSVERSE COST EST. (h•) (ft.) AREA SURFACE CRACKING* CRACK Kadler Ave NE North end to K_ahler Ave NE 1,650 22.0 0 38,300 1,815 681 Kadler Ave fVE_ Kahter Ave NE to 101st St NE 1,170 22.0 0 25,740 1,287 463 Kadler Ave NE _1_,_0 1,071 101st St NE to CSAH39 2,380 24.0 0 57,120 2.856 Od- n Ave NE 800 ft. north of CSAH37 to CSAH 37 800 30.0 0 24,000 1,200 450 Napier -Ave NE Cul-de-sac to Nashua Ave NE 1,284 21.4 6,082 33,560 1,374 515 94th St_NE Nashua Ave NE to Nason St NE 630 32.3 0 20,349 1,017 382 Nason St NE Cul-de-sac to 93rd St NE 1,060 31.3 6,648 39,826 1,659 622 93rd S04C- St NE to Naughtor Ave NE 500 31.3 0 15,650 783 293 Naughtor Ave NE___ CSAH 39 to 93rd St NE 1,440 31.3 0 45,0722,254 845 85th St NE Nashua Ave NE to 750 ft. east 750 22.0 0 16,500 _ 825 309 Needham Ave- _N_E 85th St NE to 80th SI NE 2,570 20.8 0 53_45 _6 2_,67_3_ _ 80th St NE _1,002_ 249 Needham Ave NE to Oakwood Ave NE 680 19.5 0 13,260 663 Oakwood Ave NE 85th 85th St NE to 80th St NE 2,570 20.8 0 53,456 2,673 1,002 82nd St NE ___ Cul-d_e-sac tl O'Day Ave NE 1,900 25.0 5,542 53,042 2,375 891 O'Day Ave NE 473 82nd St NE to 81st St NE 1,010 25.0 0 25.250 1,263 81st St NE Ochoa Ave NE to Odean Ave NE 1670 22.3 0 37 241 1 862_ 698 O'Day Ave I ___ __ Ochoa Ave NE to 78th St NE 1,380 21.5 0 29,670 1,484 West plat tine to Brian Ave NE O' 321 21.8 0 6,998 350 _556 _ 79th St _ O'Brian Ave NE 334 79th St NE to South plat line 713 2 5. 0 0 17,825 891 Ochoa Ave iE- North plat line to 82nd St NE 300 23.8 0 7,140 357 134 62nd St NE to O'Brian Ave NE 2,320 24.0 0 55,880 2,784 Ochoa Ave tJE _ 1,044__ 78th St NE O'Brian Ave_ NE to Odean Ave NE 2,282 22.0 0 50,204 2,510 941 O'Day Cir_NE Cu1-de_-sac to 78th St NE 247 28.0 7,854 14,770 1 346 130 85th St NE __ Jaber Ave NE to Kadler Ave NE 5,280 22.6 0 119,328 5,966 _ 2,237 Kadler Ave NE _ 85th St NE l0 80th Sl NE 2,620 22.3 0 58,426 2,921 1,095 80th St NE___ Kadler Ave NE to CSAH 19 5,300 22.6 0 119,780 5,989 2,246 85th St NE - _ Page Ave NE to CSAH 42 2,840 40.8 0 107,712 5,386 88th St NE _ __CSAR _2,020 370 _ 42 to East end 427 46.2 0 19,727 986 Page Ave Wt -_ CSAH 39 to 85th St NE 2,620 23.5 0 61,570 3,079 1,154 77th St NE _ Totals Jaber Ave NE to Jal er Ave NE 1 1,287 1 21.8 0 28,057 1,403 -_ 49,801 $22,886 STP--- NAME LOCATION 70th -4E TOTAL 77th St NE to Kadler Ave NE ;70th St NE TOTAL KadlerAve NE to CSAH 19 Packard Ave N_ E - _ C_S_AH37 to 601h St NE TOTAL AGGREGATE COST ASSUMPTIONS: 1998 CITY OF OTSEGO COST ESTIMATES FOR SEAL COAT Uewuvr 09102197 LENGTH WIDTH OTHER TOTAL COST COST TOTAL (ft.) (ft.) AREA SURFACE BITUMINOUS AGGREGATE COST MATERIAL MATERIAL SEAL COAT 5,960 28.4169,264 4,138 5,642 5,270 28.0147,560 ffoO* 3,607 _ 4,919 _9,780 8,5265,270 24.1127 007 3,105 4,234 7,338 510,849 $14.794 S25 Edd 1998 CITY OF OTSEGO COST ESTIMATES FOR STRIPING STREET NAME LOCATION 70th St NE 77th St NE to Kadler Ave NE 70thSt Kadler Ave NE to CSAH 19 Packard AvNE_ e NE CSAH37 to 60th St NE 9dearl- -- 9dea-R-Aye-N- - te 7-81h St Nrm - -- - - St NE te 86th St NE Adest�4ie N - Total -- ASSUMPTIONS: Price = $0.25/LF Per Stripe Odean Ave NE will have 4 stripes per roadway po.rr-, 4rE A0?.1rlaj 90E/ta , /'l,000 ,4F LENGTH COST (ft.) ESTIMATE STRIPING _5,960 2,980_ 5,270 2,635_ 5.270 1 2.635 /F coo r8 aso :10 CPO 09/02197 O U' LU N O O —c1tT)-rk.1)%*r, ",�- o ;w.q-4-`.4T- /99,? ;Fi rawl"Vo u s r71Zd E r OV61U / Y 1, p O �' � yf � N N f� ♦ n f N m Q `ry y) f h �I f fG O O m m r1 I f N PfI m n m m m � OI � N O A N fV Ni a � A O N N O N 0 0 0 N O N Q R O O NI O N t" m 0 -- O A 0 0 m N .- A f O O m O pf �p W O A A m Om/ N N N fm Pl O N co vp � < ' N N N G N �f70 O! f t7 W a N N O c0 N c m Q 19 c'1 Pl N I of �Np m m H N N NI cel N m m N N N 4f Q N O N N N f7 N m N" N O N O m N N m 'di m m m m m m m T Y N O N oN cp O N o N n N p O O Q O f N N O N N N N m N N N N c'1 a p N 3 7 M y�e I W W cC Mi D D y i0 iyi -4. V yp V . ;� h O x x x x x x x x O O o o o; > % O > > > Z Z y w z i W m . Z . < W 2 W z i i < Z W z D< i CI y < � < � � � W Z N 5 Z m < `� C� < Z. rnI N v ,, $ m NI 3 °I g 9 gI U g W z 9 W z W z g w W z W z g I m g a. W zl N g W 2 w Z W0, Z< Z i W W g . W • W W. s < L{S H{ 'n N w W WW Wu�. uj 2 � W W Z W = Z LU z . W WI Z� < Z -, Z Z!< —c1tT)-rk.1)%*r, ",�- o ;w.q-4-`.4T- /99,? ;Fi rawl"Vo u s r71Zd E r OV61U / Y 1, p RESOLUTION NO. CITY OF OTSEGO, MINNESOTA A resolution ordering preparation of a report on an improvement, 1998 Bituminous Street Overlay Project. WHEREAS, the City has prepared and adopted a Roadway Management Plan directed at efficient and cost effective bituminous pavement management, AND WHEREAS, the roadway rating system, the observation of pavement distress and the planning for overlay projects by neighborhood area has recommended 1998 reconstruction of the bituminous roads in an area of Otsego generally located from Odean Ave. to Packard Avenue and from 78th Street to 90th Street, by pavement repair and overlay, AND WHEREAS, the reconstruction of the streets is an improvement that will be of special benefit to properties abutting the work and an assessment is proposed against the benefitted properties for all or a portion of the cost of the improvements pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and a report advising the council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and as to the estimated cost of the area of benefit and proposed assessment of the improvement as recommended AND; that the proposed improvement consists of the following roads, described as the proposed 1998 pavement overlay program in the Roadway Management Plan: 1 of 2 1 Odell Ave NE 78th St NE to Cul-de-sac 2 78th St NE Odean Ave NE to Ogren Ave NE 3 87th Cir NE Ogren Ave NE to Cul-de-sac 4 Packard Ave NE Ogren Ave NE to 85th St NE 5 88th St NE Odean Ave NE to Odell Ave NE 6 88th St NE Odell Ave NE to Ogren Ave NE 7 88th St NE Ohland Ave NE to Packard Ave 8 89th St NE Odean Ave NE to Ohland Ave NE 9 Odell Ave NE 89th St NE to 88th St NE 10 Ogden Ave NE 89th Street to North Terminus 11 Ogren Ave NE 89th St NE to 85th St NE 12 Ohland Ave NE CSAH 39 to Packard Ave NE 13 81 st St NE Ogren Ave NE to Packard Ave NE 14 Packard Ave NE 85th St NE to South of 81 st Street 15 83rd St NE Odean Ave NE to Ogren Ave NE 16 84th St NE Odell Ave NE to Ogren Ave NE 17 Odell Ave NE 84th St NE to 83rd St NE 18 Ogren Ave NE 85th St NE to 78th St NE AND; that the City Engineer with input from City staff shall prepare a summary tabulation of historical or recommended costs for bituminous versus gravel street maintenance and repair and from that data recommend to the Council a policy or program for equitable sharing of road reconstruction costs between City funding for maintenance and between assessment funding for reconstruction. Adopted by the Council this 9th day of March, 1998. Clerk, Elaine Beatty ot336.res Mayor, City of Otsego RECORD OF ADOPTION YES NO Larry Fournier Susan Ackerman Mark Berning Vern Heidner Virginia Wendel 2of2 F1 M E M O R A N D U M TO: John Harwood FROM: Larry Koshak DATE: February 27, 1998 IVO 7- n.; V cw piz��°i7/t � co�•uc •� I#Adc& RE: 1998 Otsego MSA Mileage Assignment According to the Mileage Certification submitted in December 1997, the City of Otsego can add 0.53 miles or 2798 feet. We have looked at placing mileage on the extension of Page Avenue to CSAH 37 (70th Street) at the intersection of Packard Ave. The extension would take at least 4600 feet and would be too long at this time for the mileage available. Other areas were also reviewed for construction such as extension of 77th Street from Page Avenue to Odean Avenue. It's length is longer than the mileage available. It is my opinion that assuming the present routes will remain 1998, the portion of Route 107 from 85th Street to CSAH 42 (Quaday Avenue) that was removed in 1997 should be put back in the system. The description of that addition is: Quaday Avenue from 85th Street to County State Aid 42 at its intersection with Quaday Avenue from the south, This should add $500,000 of needs to. the City's total. ot315.jh1 `Ta 077d-674:0 C/ry cou•�c•c. j*uo!L To -'/fid E,ovo of /I?/71LcH Dur, ll,,vvd ro X& fir" i f' T/V 6 ii vivu/!L X7-4re. /710 Chez rlF' c.4 rlo �/ GUS /�Aj�E Ervouyl lVdco 101e61I6G Tv /'ur a4e17,917Y e/7c/e OAI ri E ls'lTC �. ,Lrho ✓�- GY/>L- c.T 19V Y IV64v 1;f14d/166 11v 19,91 &,r EY/2eC r l v ZOOO TO Vd 176%C ro /70O AIXI'� ro 7/!e I/7 y C TO ;P/ICK/l/tv Rou r6 �Na �o ffi�/y o1261N ro )�/1? 6 Fu 096114 098 fA to Aoc.6aGe RDoertow J CRY Hakanson 3601 Thurston Avenue Anderson Anoka, Minnesota 55303 Assoc., Inc. Fax 61 2/4 86 0 II 349.1 0520 March 4, 1998 Honorable Mayor and City Council City of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 RE: Right of Way and Property Acquisition Project Schedule Dear Mayor and Council: Andy MacArthur has prepared a memorandum and a resolution establishing the city policy on right of way and easement acquisition for public improvements or public facilities. The procedures that follow from the policy embody the normal and accepted ways of handling what is often a very sensitive issue. The City Council acts on a policy level on facility size and location decisions and in approving and authorizing any property acquisition. Once the basic decision is made, the process is pursued under the executive control of the City Administrator. The City attorney keeps everything legal. The City engineer helps in the negotiation by describing the project and determining what special property owner requests or conditions can be accommodated. The real estate and appraisal consultants provide data on cost and make the individual contacts necessary for successful negotiation. Given good planning and with good real estate or appraisal data and personnel, the process is often completed without adversarial conflicts. Everyone involved has defined tasks and is working for the benefit of the project and actually for the benefit of the affected property owners. Once the process is authorized by the City Council there is seldom a reason for major personal involvement by the City Council, except for final approval of negotiated settlements or if a decision is required on any significant policy issue. Council approval of the acquisition policy and review of the procedures will give City staff the direction and authority to pursue and complete the acquisition process. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. Ha 12may.ccl Engineers Landscape Architects Surveyors Hakanson Anderson Assoc., Inc. M E M O R A N D U M TO: City Council and Staff, City of Otsego FROM: John A. Harwood, Engineer DATE: January 26, 1998 RE: Procedure for Acquisition of Right of Way or Easement sbu i t nurston Avenue Anoka, Minnesota 55303 612/427-5860 Fax 612/427-340.1. 0520 1) Engineer prepares right of way map showing alignment of proposed improvement. Transmits right of way map to City attorney. 2) Attorney supervises preparation of an ownership and encumbrance report showing who holds title and what, if any, easements and encumbrances are of record. 3) Engineer revises and completes the right of way map showing easements, acquisitions, and property requirements. The acquisitions are identified by type and can be fee title or any variety of permanent and temporary easements. 4) The completed right of way and easement acquisition drawing is presented to the City Council. After review and any modification, it is adopted by the Council along with a time frame for acquisition. Authorization for acquisition is given with acquisition by concurrent negotiation and eminent domain proceedings. 5) City staff and/or real estate appraisal consultants contact property owners and inform them of the proposed acquisition and of the process that has been and will be followed. This is the first contact with the property owners. 6) A real estate appraisal or consultant is engaged to provide a report or an appraisal of acquisition cost or damage. Under direction of the City Administrator, an offer to acquire is made. Simultaneously, under direction of the City attorney, eminent domain proceedings are initiated. 7) The acquisition process has several key elements: a) By specific action of the City Council, it is established that there is a public purpose in acquiring specific and described property rights. The acquisition is defined by the Council and once defined is certain. The only question is when, how much and what conditions are applicable to the acquisition. Engineers Landscape Architects Surveyors City Council and Staff Page 2 January 26, 1998 b) The City has an impetus to negotiate acquisition. With eminent domain, the City cannot appeal any award and thus loses control over the cost. Successful negotiation generally winds up with the best project at least cost with minimal impact to people and property. c) The property owner has impetus to negotiate. The eminent domain proceeding establishes a time frame for judicial review of the acquisition and judicial determination of damages or compensation with an award made by commissioners. Knowing that the acquisition is certain to occur and that delay is not productive, the owner has reason to negotiate cost and to negotiate conditions. Comment on the process: The City action should be consistent and professional. Everyone should be treated fairly and equally. The person who agrees early to an acquisition should not be penalized by receiving any lesser compensation than someone who fully pursues the eminent domain process. The person who does not agree and takes the process to its full conclusion should not be penalized for reasonable exercise of legal rights. The process must be pursued with respect for everyone involved. There is and will always be a question as to when people should be notified that their property is to be acquired. The process recommended does not make specific contact with each property owner until the necessary acquisition is determined and fixed by Council action. We should discuss this property owner contact timing. The recommendation is that the City use newspaper articles, newsletters, general mailings, public information meetings, and like general contacts to inform people until everything is pretty well fixed and decided. Personal contact is not made until "it's a done deal". This process can be open to criticism where people say they were not informed. I would recommend Council and Staff review of the process. We need to implement it or a like process immediately. ots l 2=2 Hakanson Anderson Assoc., Inc. Hakanson Anderson Assoc., Inc. ❑� 3601 Thurston Avenue Anoka, Minnesota 55303 (612) 427-5860 (612) 427-0520 Fax To: N,t/a u Cary rdyuc/r Attn: 103 Pine Street Monticello, MN 55362 (612) 295-5800 (612) 295-4488 Fax Memorandum Date: 3/Y/f p Subject: AWO'4e.vr .f6we.4 GtJ.t �c i%/tee f/Jrr Al File #: Narrative: /%% T/lC/� E.O � / X �/ I • /c. GC �%Gf C �j� .��« I � P1 �L / fiV �f! C.y T e �a C.1 /Go.%f C`G<l ��t. (•O //C e r/o.j PIN /4N'VY Me- PiTyInti T(0 1q)7rr1zaCT Co.k��.u,� C CJ f /iuFa it M.+ TI wv /N �O of Yr eue 71'ee N 17CReyf/r/oAl- i//d C/r Y cov.Ocec 17cr/cp.) yc�.0 r POW -,f1 --J ARU C E 6 o/- y ,r (5,1161 Tu Yaw 600 T,Ve ci r .lr f oGdyeZr,<�1.2 /166 /7/Lo/vEgr Y W41 /94/0.& 7-0 e{&J, / ON fk'/r GeJC Ldp !/ 17,01" o.V /lrrocmeo rleerr k / ro iv s- %AG4.NA Nowe / WArd.% rowGn ,S1eer.1 S/ ra S 12 By: Awn CN 3 1998 INDEX TO SHEETS N-1 FROM LIFT STATION TO EASEMENT ALONG C.S.A.H.42 INTERSECTION OF QUADAY AVE. AND C.S.A.H. 42 N-2 EASEMENT FROM C.S.A.H. 42 N-3 EASEMENT TO C.S.A.H. 42 N-4 NORTH ON C.S.A.H. 42 FROM EASEMENT N-5 NORTH OF 85TH AVE. TO C.S.A.H. 39 PUMP HOUSE ALONG THE 16TH LINE OF SEC. 22 FROM C.S.A.H. 42 WATER TOWER WEST ON 70TH STREET FROM HIGHWAY 101 S-1 GOING SOUTH FROM LIFT STATION S-2 CONTINUING FROM S-1 SOUTH S-3 CONTINUING FROM S-2 SOUTH TO 72ND STREET; THAN EAST TO THE R -O -W OF HIGHWAY 101 S-4 ALONG THE R -O -W OF HIGHWAY 101 FROM 72ND STREET TO 70TH STREET S-5 ALONG THE R -O -W OF HIGHWAY 101 FROM 70TH STREET SOUTH S-6 ALONG THE R -O -W OF HIGHWAY 101 CONTINUING FROM S-5 SOUTH TO 65TH STREET S-7 ALONG THE R -O -W OF 65TH STREET FROM HIGHWAY 101 GOING TO THE EAST S-8 ALONG THE R -O -W OF 65TH STREET CONTINUING FROM S-7 TO THE EAST S-9 ALONG THE R -O -W OF 65TH STREET CONTINUING FROM S-8 TO THE EAST S-10 ALONG THE R -O -W OF 65TH STREET CONTINUING FROM S-9 TO THE EAST TO A PROPERTY LINE TO THE SOU' S-11 SOUTH ALONG PROPERTY LINE FROM 65TH STREET S-12 CONTINUING SOUTH ALONG PROPERTY LINE TO THE SOUTH LINE OF SEC. 35, THENCE WEST TO WWTF Lir I 1 , , z I , \ I . o�y 1N3M3Sv3 I . J AW80dh31 '1! 09L _ I dW31 . � I 1N v3 - d 31 'IJ ti LL- o 1N3M35V3 i y I + cy it-r'`••-'� A 8OdV431 •1! OB F S 1N v3 , - ? I W ^ ^mv 0431 'ld oC SEWER' !I 15.0 PVC SACNASjtAG PIP IN JACKED_ — 1N3W3Sv3 ASV1lOdn31 •1! 09L .. �Z I.1! OI I I 1 IiARY SEMS LEE I + I tg»• Lp=� � I L - o I r •� Z _ i a W I t 1 CJ'1! Sl N •, I I 1 • to I I • � S• I I I • /� II 1 NE 16"0� DIP WATERMAIN IN JACKED CASING PIPE 10 11 ------------------------------------- 1150 FT. SANITARY SEWER AND -140 FT. TEMPORARY EASEMENT 140 FT. TEMPORARY 30 FY. WATER . MAIN IN FRONT OF HOUSE )E 16"0 DIP WATEF - - - - - - . IN JACKED CAS I FT. 5 NT EASEMENT 15 FT. PERMANENT r8--0 PVC SANITARY SEWER IZ PERU" T E 7 16"0 DIP WA TERMAIN- - 4 IN JACKED CASING PIPE DIP WATFRMAIN- - - - - - - - - - - .7 --16"0 NE 16"0� DIP WATERMAIN IN JACKED CASING PIPE 10 A -Z -"Po%Wcw S- AWMAAf 78RUY MSE VERII ACKED*:ASG W 100 0 100 200 SCALE IN FEET 11 11 1150 FT. 140 FT. TEMPORARY 30 FY. !r - )E EASEMENT O FT. 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(612) 427-0520 Fax (612) 295-4488 Fax Memorandum To: /%1i9►y42 t C/1 y �ki d�/4 Date: 3AV op C/ri O�e 4/fGcf i Subject: Attn: File #: (:2R6'740e AY6 A Ow ? e 97. re1w,eA ' Narrative: M N rT/! cHC /J fo/= rvyit /N /�G/r.�V.� !/yN /�A G J,/>, VJAI // j eWaC r/a t.V o e° ewelJA.) tVe6-• .&4e ",raw 4e v r { )e o, 14 />/c/1cw�•vs f . j/WX /.t AIV TOi E 14fW',f d' OK /?:AJ 4AJ O �ti CGt�L�Fit/�.uc EJ fZ�%��2T, GJG` /f/tC" J�L•�,�,vi.�g 4.v t/lrtcy .lu,•.,•tC,� .j'u,E3�i.TTi�7L v� P!�lut � f/�Ecil �.�rid�� � jZ• ,��- � �y ��rr! 7� ?i� �r.�rC .o A. e/N /J/N 9 A 1?(Ie4l C �6/lvciNy ON � � f7/t I� .fGT /rr orf&-Ao#te v;- civ el?4 cy ATT/lch�t' to/ Jf/Ce" cc: kd.4i-Add - c t a.y Ce COCK /yl/,& C - c 4 ,ry /I *J o"1- J i-0"f,6..pw I, /e Or 3 - 34/ 0 o Ca't.> i� .. _..........,� j _............................ I I k� }- , WE ' , J t•i` tats 1 t•i` tats I I I I Y I � ;lil; I 1 i I a I , 1 ' Ix I 1 1 1 I 1 1 t I I , 1 y� J` ' C I I ;lil; a I '4. 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II III '1:1 III; 1 1 I 11711 1 a e I ;1 III iV1 ( Ii I Ill I _ I 1 I 1 II / I , �. /// 1 I II 4j1� �• 1 1 Il III; •I I I I II III I 1 1 " `.��` .ice J• I ;I I I' 'r ; •� j 1 I II w II II 1 I I' 1 I t}7J I ,I III Y•'r I I SII If IY.I • )I � r 1 II I 1 it ' I i Ir i tl � ; I I �� i rl ❑ I. I r II I 1 I I I I ' I I I I I I I, 11 I' 1 1 1 1 11 II' nl C, 11 I 1 1 it I it I ; :��r""•Y� �.—. 1 ' ii �I .11 I 1 1 1 II III 1 .I I 11 II. I I ;1 III I I it s'li )t:l ' ZY �I I I; • I ; d F1 I ' ;I III; 1 I 1 II i tl � ; I I �� i rl ❑ I. I r II I 1 I I I O iS Cr &.i Z Hakanson Anderson Assoc., Inc. March 3, 1998 Honorable Mayor and City Council City of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 3601 Thurston Avenue Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3491 0520 RE: Estimated Cost Reduction Sanitary Sewer Alignment on 65th Street to Wastewater Treatment Facility Dear Mayor and Council, As discussed at the February 19, 1998 workshop, we have finalized the alignment of the sanitary sewer force main on an alignment east from TH 101, along 65th Street to the WWTF, and have reviewed the cost. The savings via this route is estimated at $ 250,000. In the original June 1997 Sanitary Sewer Study, the site for the WWTF was generically shown as being easterly of TH 101 and southerly of 65th Street. The original study did not closely define a force main route. In the October 1997 project authorization memorandum, the WWTF site had been selected and a force main alignment along TH 101 to CR 36 and easterly along CR 36 to the WWTF was shown. The February 1998 Design Report reviewed and refined the Sanitary Sewer System alignment & costs. An alternative route to the WWTF along 65th Street was identified as having a lower cost. The alternative route was selected and has cost savings as follows: Engineers Landscape Architects Surveyors Mayor and City Council Page 2 March 3, 1998 Estimated Force Main Costs, from CSAH 42 and Quaday Lift Station to Wastewater Treatment Facility October 1997 March 1998 Proiect Memorandum Design Report Force Main 20,735 LF $330,000 17,845 LF $256,000 Dewatering, Various depth $35,000 $33,000 County Road Pavement Restoration $70,000 $0 Other Restoration $170,000 $145,000 Traffic Control & Utility Relocation $87,000 $65,000 Construction Contingency $34,000 $26,000 Easement Acquisition Budget $93,000 $94,000 Indirect Costs $176,000 $125,000 Estimated Project Cost $994,000 $744,000 Estimated Total Cost Reduction $250,000.00 We will continue with design utilizing the 65th Street alignment. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. eJo A. Harwood, PE k ot612.cc5 H-19 Hakanson Anderson Assoc., Inc. 17Hakanson -111 Anderson Assoc., Inc. MEMORANDUM TO: John A. Harwood, PE FROM: Janele M. Taveggia, EIT DATE: March 3, 1998 RE: Water System Review I. THREE ELEVATED TOWERS VS. TWO ELEVATED TOWERS 3601 Thurston Avenue Anoka, Minnesota 55303 612/427.5860 Fax 612/427-3,4R3(x 0520 I have compared the overall construction costs of the preliminary Otsego water system outlined in the A) June 1997 Potable Water System Study versus the revised Otsego water system outlined in the B) January 1998 Potable Water Facilities Feasibility Report. Both water systems include estimated costs for the following: 1. The redevelopment of existing Well #1. 2. The construction of three new additional municipal wells. 3. The construction of three pumphouses for each of the three new wells. The difference between the two proposed water systems involves the number and capacity of elevated water towers for each scenario. The estimated cost breakdown for the two systems is outlined as follows: A) Three Elevated Towers 250,000 gallon tower = 500,000 gallon tower = 1,000,000 gallon tower = B) Two Elevated Towers $489,000 400,000 gallon tower = $700,000 1,200,000 gallon tower = $1,100,000 $2,289,000 $620,000 $1,240,000 $1,860,000 Therefore, the City of Otsego will have an overall savings of approximately $429,000 if scenario B) Two Elevated Towers is chosen, as recommended by Hakanson Anderson Associates, Inc. An additional savings of $195,000 shall also occur since one less pumphouse shall be constructed. Existing Well #I and New Well #2 shall be chemically treated at one pumphouse location together. Engineers Landscape Architects Surveyors I1. ADDITIONAL WATERMAIN COST I also calculated the additional first year costs for the City of Otsego due to the additional watermain for the 1998/1999 construction. The additional cost is approximately $452,000 and is outlined on the attached spreadsheet. This additional watermain will eventually be constructed as part of the Otsego water system and now becomes necessary in the first year in order to connect the new location for water tower #I to the entire water system. Therefore, the $452,000 amount for work that was originally planned for near 2003, has been moved up to 1998/1999 construction, but it is not an extra cost for the entire plan. 1121M Hakanson Anderson Assoc., Inc. WATERMAIN COST COMPARISON FOR 1998 CONSTRUCTION 10" DIP Watermain 12" DIP Watermain 16" DIP Watermain 16" Butterfly Valves and Boxes Hydrants Fittings 6" Hydrant valves 6" Hydrant leads Casing for 16" Pipe Jacking Dewater 3' Depth Dewater 4' Depth Seeding Restoration UNIT UNIT COST CT 0 BER A_997 QUANTITY COST JANUARY QUANTITY 1,290.0 199$ COST $32,250.00 LF $25.00 0.0 $0.00 LF $30.00 400.0 $12,000.00 1,280.0 $38,400.00 LF $36.00 8,200.0 $295,200.00 14,040.0 $505,440.00 EA $1,400.00 16.0 $22,400.00 28.0 $39,200.00 EA $1,500.00 22.0 $33,000.00 35.0 $52,500.00 LB $1.20 17,200.0 $20,640.00 35,000.0 $42,000.00 EA $450.00 .22.0 $9,900.00 35.0 $15,750.00 LF $18.00 440.0 $7,920.00 700.0 $12,600.00 LF $180.00 590.0 $106,200.00 590.0 $106,200.00 LF $6.25 500.0 $3,125.00 500.0 $3,125.00 LF $6.25 1,200.0 $7,500.00 1,200.0 $7,500.00 AC $1,500.00 10.6 $15,900-00 11.4 $17,100.00 Subtotal Construction Costs $533,785.00 $872,065.00 Temporary Easement Acquisition SF $0.05 345,250.0 $17,262.50 485,550.0 $24,277.50 Permanent Easement Acquisition SF $0.20 38,750.0 $7,750.00 44,150.0 $8,830.00 Construction Contingency 5.00% $26,689.25 $43,603.25 Indirect Costs 25.00% $140,118.56 $228,917.06 Total Estimated Project Cost $725,6051 $1,177,693 Difference between two project costs = _$4521088 STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES Grantor Program: Federal Disaster Assistance STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY MANAGEMENT SUB -GRANT AGREEMENT INMAN I KUL; I Ukkh YKUUKAM Agency P07 FY 1998 1 Vendor Number: 049 920 001 Total Amount Encumbered: $42,508 Object Code: 5B00 Accounting Distribution 1: Accounting Distribution 2: Fund: 300 Fund: 100 Appr: 236 Appr: 236 org/sub 2342 org/sub: 2342 rept cat: 87PA rept cat: 87ST adjusted total: $35,652 Requisition: 2000 - Fed Line # State Line # amount: $ 6,856 Orders: 2000- ?<v O % Fed Line # I State Line # Notice to SUB -GRANTEE: If SUB -GRANTEE is other than a governmental agency, it is required by Minnesota Statutes, Section 270.66 to provide its social security number or Minnesota Tax Identification number if it does business with the State of Minnesota. This information may be used on the enforcement of federal and state tax laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax liabilities. THIS SUB -GRANT WILL NOT BE APPROVED UNLESS THESE NUMBERS ARE PROVIDED. These numbers will be available to federal and state tax authorities and state personnel involved in the payment ofstate obligations. DR- 1 187 THIS SUB -GRANT AGREEMENT, which shall be interpreted pursuant to the laws of the State of Minnesota, between the STATE OF MINNESOTA, acting through its Department of Public Safety, Division of Emergency Management (hereinafter referred to as the "STATE") and the City of Otsego, Soc. Sec. or MN Tax ID. No. 9776815 , Federal Employer I. D. No. (if applicable) 41-0919123 , (hereinafter referred to as the "SUB -GRANTEE"), witnesseth that: MPS -DEM September, 1997 STATE OF MINNESOTA SUB-GR�RAAGREEMENT STRUCTUBE PROGRAM FOR SUB-GRACNTEES N UDER THE DR- 1187 Grantor program: Federal Disaster Assistance WHEREAS, pursuant to Minnesota Statutes Chapter 12�, Executive and amendment thereto, the FEMA -State Agreement designated FEMA 118 under the Robert T. Stafford Disaster Relief and Emergencycwith 44 CFR 206.202, he e Act, Public Law 93-288, as amended, 42 USC 5121 et sea. ('the Stafford Act"), in accordance STATE. is empowered to receive, allocate and disburse federal aid monies made available through the Federal Emergency Management Agency (FEMA); and WHEREAS, the STATE is the authorized Grantee in the FEMA-State terms gr which , FEMA -1187 DR -MINNESOTA and amendments thereto, delineates assistance will be provided to SUB -GRANTEES; and SUB-GRANTEE has applied for assistance, and is eligible and authorized to receive WHEREAS, such funds under this grant program as per the eligibility InuPrograme (IP)e(MPS Minnesota Administrative Plan and Procedures for frastructure DEM 01196 and WHEREAS, there has been a presidential disaster declaration on Ju e 28on x1997 throumage gh July 27, ng from severe storms, high winds, tornadoes, and flooding beginning 1997; except that reasonable expenses which were incurred in anticipation of and immediately preceding such event may be eligible;and NOW, 'THEREFORE, it is mutually agreed that the STATE shall all GRANaspects ° E shall receive funds through this program, and SUB -GRANTEE shall comply wit the Infrastructure Program (IP) and shall use funds provided by this Sub -grant in accordance with the terms of this agreement: I, SUB -GRANTEES DUTIES AND RESPONSIBILITIES. A SUB -GRANTEE shall comply with the Federal Assurances Construction Programs, as stated below: I SUB -GRANTEE certifies that the SUB -GRANTEE has the legal authority to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient nman gement andy the ederal completion complethon of are of project costs) to ensure prop planning, the project described in this Sub -grant Agreement. MPS -DEM September, 1997 STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES Grantor Program: Federal Disaster Assistance DR- 1187 2. SUB -GRANTEE will give FEMA, the Comptroller General of the United States, and the STATE, through their authorized representatives, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. SUB -GRANTEE shall be responsible for keeping records that fully disclose the amount and disposition of project funds. The accounting procedures utilized by the SUB -GRANTEE shall provide for the accurate and timely recording of the receipt of funds and expenditures. 4. SUB -GRANTEE will comply with the requirements of FEMA in regard to the drafting, review, and approval of construction plans and specifications. SUB -GRANTEE will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the work is completed and conforms with the approved plans and specifications. 6. SUB -GRANTEE will establish safeguards to prohibit SUB-GRANTEE's employees from using their positions for any purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 7. SUB -GRANTEE will comply with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds and with the Certification Regarding Lobbying, contained in Exhibit IV, hereby incorporated by reference and made a part of this Sub -grant Agreement and SUB -GRANTEE has filed with the State the certification contained in Exhibit IV. 8. If identified on the attached Damage Survey Report, SUB -GRANTEE will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234), 44 CFR part 206, subpart I, which requires SUB -GRANTEE in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $5,000 or more. MPS -DEM September, 1997 STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES Grantor Program: Federal Disaster Assistance DR- 1187 V 9. SUB -GRANTEE will comply with all applicable requirements of all federal laws, Executive Orders, regulations and policies governing this program including, but not limited to, those referenced in Exhibit II, which is hereby incorporated and made part of this Sub -grant Agreement. B. SUB -GRANTEE shall perform its duties in accordance with the State of Minnesota Administrative Plan and Procedures for the Infrastructure Program (IP) (MPS -DEM 01/96) , and as to the requirements contained in the State of Minnesota Sub -grantee's Guidebook on Major Disaster Assistance Procedures for the Infrastructure Program revised 04/97 (hereinafter referred to as the "IP Guidebook"). These documents will be provided to the SUB- GRANTEE by the STATE. SUB -GRANTEE further agrees to carry out the work described on each eligible Damage Survey Report, hereby attached to the SUB -GRANTEE'S copy of this Sub -grant Agreement and incorporated by reference and made a part of this Sub - grant Agreement. Original Damage Survey Reports shall be kept on file by the STATE with the STATE'S copy of the Sub -grant Agreement and shall be housed by the STATE at the STATE'S central office, located in the Minnesota State Capitol Building, Room B5, St. Paul, Minnesota. C. SUB -GRANTEE assures that funds provided and allocated through this sub -grant, as described on the eligibi Damage Survey Report(s) provided in support of this Sub -grant Agreement, will be used as approved and directed by the STATE. II. CONSIDERATION AND TERMS OF PAYMENT A- Consideration for all services performed and goods or materials supplied by SUB- GRANTEE pursuant to this Sub -grant Agreement shall be paid by the STATE as follows: Compensation shall be consistent with the Stafford Act, and applicable regulations, FEMA -State Agreement and amendments thereof, "IP Guidebook," and eligible Damage Survey Reports of this Sub -grant Agreement. 2. The total obligation of the STATE for all STATE compensation and reimbursement to SUB -GRANTEE shall not exceed the "State Share" amount stated in Exhibit III of this Sub -grant Agreement,and is contingent on the Minnesota State Leeislature special appropriation of the "State MPS -DEM September, 1997 STATE OF MINNESOTA SUB -GRAM AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES Grantor Program: Federal Disaster Assistance DR- 1187 Share" for this Infrastructure Prolaram that is necessa[Y for the payment stated as the "State Share" (see Exhibit III of i' • Agreement). SUB- GRANTEE shall be responsiblefor u•_ 3. The total obligation of the STATE for allocation and disbursement of federal (FEMA) funds for all compensation and reimbursement to SUB- GRANTEE shall not exceed the "Federal Share" and "Administrative Costs" amounts stated in Exhibit III of this Sub -grant Agreement, B. Terms of Reimbursement Federal assistance will be made available by the STATE, within the limits of funds available from Congressional appropriations for such purposes, in accordance with the Stafford Act, Executive Orders 12148 and 12673, and applicable regulations found in Title 44 of the Code of Federal Regulations (CFR), as amended, and currently applicable handbooks. 2. Payment of Claims a. Federal (FEMA) Funds - Small Projects The STATE shall make payment of the federal funds for small projects, as defined in the "IP Guidebook," as soon as practicable after federal approval of funding. However, failure to complete a project may require that the federal payment be refunded. b. Federal (FEMA) Funds - Large Projects The STATE shall make payment of the federal funds for large projects, as defined in the "IP Guidebook," when the approved work is completed, the Project Listing Form required by paragraph II. B. 3 of this Sub -grant Agreement, is returned to the STATE, and the STATE and FEMA have approved the payment of claims. The STATE will provide partial payments of federal funds to the SUB -GRANTEE to cover costs already incurred on large projects if the SUB -GRANTEE submits the Request for Advance of Funds Form provided by the STATE, and provides documentation in support of its costs including proof of payment. The partial payments will not exceed 90% of the federal share of the project. MPS -DEM September, 1997 STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES Grantor Program: Federal Disaster Assistance DR- 1187 C. State Share - All Projects The STATE will provide the State Share once all work has been completed and required documentation has been provided in support of the SUB-GRANTEE's costs as described in paragraph 3 below, and if and when the Minnesota State Legislature appropriates such funds pursuant to Clause II, Section A, paragraph 2 of the Sub -grant Agreement. 3. When the SUB -GRANTEE has completed its infrastructure project(s), the SUB -GRANTEE is responsible for completing the "Project Listing Form." A completed "Project Listing Form," along with the necessary supporting documentation including receipts, invoices, etc., as specified in the "IP Guidebook," must be returned to the STATE within 60 days of project completion to be eligible for reimbursement. 4. If SUB -GRANTEE- determines that there will be a cost overrun, SUB- GRANTEE is required to notify the STATE in writing as soon as SUB- GRANTEE determines that SUB -GRANTEE will have a cost overrun. The SUB-GRANTEE's letter to the STATE must include the dollar amount of the overrun, the reason for the overrun, and provide appropriate justification and documentation (invoices, copies of contracts, pictures, etc.) to support the additional cost. If overruns are approved by FEMA, the SUB -GRANTEE will be notified by the STATE and an amendment to this Sub -grant Agreement will be processed. Reimbursement for the IP project costs will = be paid on any expenditure made by the SUB -GRANTEE prior to the dates specified in the FEMA - State Agreement, FEMA -1187 DR -MINNESOTA and amendments thereto. The specified incident period is June 28, 1997 through July 27, 1997; except that reasonable expenses which were incurred in anticipator of and immediately preceding such event may be eligible. III. CONDITIONS OF PAYMENT. All services and duties provided by SUB -GRANTEE pursuant to this Sub -grant Agreement shall be performed to the satisfaction of the STATE and FEMA, as determined in the sole discretion of their authorized agents, and in accord with all applicable federal, state and local laws, ordinances, rules and regulations. SUB- GRANTEE shall not receive payment for work found by the STATE or FEMA to be MPS -DEM September, 1997 STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES Grantor Program: Federal Disaster Assistance DR- 1187 unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation. IV. TERM OF SUB -GRANT AGREEMENT. This Sub -grant Agreement shall be effective upon the date that the last signature is obtained by the STATE, pursuant to Minnesota Statutes 16B.06, Subd. 2, and shall remain in effect until all obligations set forth in this Sub -grant Agreement have been satisfactorily fulfilled or until February 25, 1999 which ever occurs first. Time Limits. SUB -GRANTEES have 6 months from August 25, 1997, the date of the declaration of a major disaster, to complete work in Category A and B and 18 months to complete the work in Categories C through G. The description of eligible work under each category is found in the "IP Guidebook." 2. Time Extensions. If a SUB -GRANTEE determines that it will not be able to complete its project by the date specified in this Sub -grant Agreement, it must immediately so notify the STATE, and request a time extension. The Time Extension form provided by the STATE should be used to request a time extension. The SUB -GRANTEE must explain on the time extension form why the SUB -GRANTEE will not be able to meet the completion deadline, what project work remains, and when it anticipates the project will be completed. Time extensions will be allowed only by the approval of the STATE or FEMA. V. CANCELLATION AND TERMINATION 1. If SUB -GRANTEE materially fails to comply with any term of this Sub -grant Agreement whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, the STATE may take one or more of the following actions, as appropriate in the circumstances: a. Temporarily withhold cash payments pending correction of the deficiency by the SUB -GRANTEE or more severe enforcement action by the STATE, b. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance, C. Wholly or partly suspend or terminate the current award for the SUB- GRANTEE's program, MPS -DEM September, 1997 STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES Grantor Program: Federal Disaster Assistance DR- 1187 d. Withhold further awards for the program, or e. Take other remedies that may be legally available. 2. This Sub -grant Agreement may be terminated in whole or in part by the STATE or SUB -GRANTEE upon written notification to the STATE or FEMA, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the STATE determines that the remaining portion of the award will not accomplish the purposes for which the award was made, the STATE may terminate the award in its entirety. 3. If at any time such funds become unavailable, this Sub -grant Agreement shall be terminated immediately upon written notice of such fact by the STATE to SUB- GRANTEE. In the event of such termination, SUB -GRANTEE shall be entitled to payment, determined on a pro rated basis, for services satisfactorily performed. VI. STATE'S AUTHORIZED AGENT. The STATE's authorized agent for the purposes of administration of this Sub -grant Agreement is the Director of the Minnesota Division of Emergency Management, or their successor. Such agent shall have final authority for acceptance of SUB-GRANTEE's services and authorization of payments. VII. ASSIGNMENT. SUB -GRANTEE shall neither assign nor transfer any rights or obligations under this Sub -grant Agreement without the prior written consent of the STATE. SUB -GRANTEE may sub -contract to provide services as described in the SUB- GRANTEE duties. It is understood, however, the SUB -GRANTEE remains solely responsible to the STATE for providing the projects and services described. VIII. AMENDMENTS. Any amendments to this Sub -grant Agreement shall be in writing, and shall be executed by the same parties who executed the original or their successors in office. IX. LIABILITY. To the extent permitted by law, the SUB -GRANTEE agrees to indemnify and save and hold the STATE, its agents and employees harmless from all claims or causes of action arising from the performance of this Sub -grant Agreement by the SUB- GRANTEE or SUB-GRANTEE's agent or employees. This clause shall not be construed to bar any legal remedies SUB -GRANTEE may have for the STATE's failure to fulfill its obligations pursuant to this Sub -grant Agreement. MPS -DEM September, 1997 STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES Grantor Program: Federal Disaster Assistance DR- 1187 X. ACCOUNTING, AUDIT AND RETENTION OF RECORDS A. SUB -GRANTEE will establish a separate account for this project and will maintain fiscal records in accordance with applicable federal regulations for P.L. 100-690. SUB-GRANTEE's records, documents, and accounting procedures and practices for this project shall be subject to the examination of the STATE's authorized agent and by the State and/or Legislative Auditor. Fiscal records shall be retained for a period of three years following submission of the final report, unless SUB -GRANTEE is notified by the STATE to extend the retention period. B. Should the SUB -GRANTEE receive more than $300,000 in total federal assistance in its fiscal year, the SUB -GRANTEE shall obtain an annual financial and compliance audit, made by an independent auditor, in accordance with the Single Audit Act of 1984 (Public Law 98-502) and the federal Office of Management and Budget Circular A-128, (or Circular A-133) as applicable. Exhibit I "Federal Audit Requirements" is binding upon the SUB -GRANTEE and is hereby incorporated by reference. A copy of this audit shall be submitted to the STATE in a timely manner. C. The books, records, documents, and accounting procedures and practices of the SUB -GRANTEE and SUB-GRANTEE's agents relevant to this Sub -grant Agreement shall be subject to examination by the STATE's authorized agent and the STATE and/or Legislative Auditor. XI. IDENTIFICATION AND SOURCE OF FUNDING. When. issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, SUB -GRANTEE will clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the projects or program, and (3) the source of Federal funds. XII. WORKER'S COMPENSATION. In accordance with the provisions of Minnesota Statutes, Section 176.182, the SUB -GRANTEE has provided acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, Section 176.181, Subdivision 2. XIII. NONDISCRIMINATION/PREVAEUNG WAGE. SUB -GRANTEE agrees that in the hiring of common or skilled labor for the performance of any work under any contract, or MPS -DEM September, 1997 STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES Grantor Program: Federal Disaster Assistance DR- 1187 any sub -contract here under, neither it nor any contractor, material supplier or vendor shall engage in any discriminatory employment practices as such practices are defined in Minnesota Statutes, Sections 363.03 and 181.59 or in any practices prohibited by Minnesota Statutes, Sections 177.42 and 177.43. IX. RECORDS AND DOCUMENTATION a For large projects, as defined in the "IP Guidebook," the SUB -GRANTEE shall complete a Quarterly Progress Report, in the format included as an attachment to the "IP Guidebook," provided by the STATE. SUB -GRANTEE shall forward completed Quarterly Progress Reports to the STATE at dates set by the STATE and shall provide all other information as may be required by FEMA or by the STATE. X. ANTITRUST. SUB -GRANTEE hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this Sub - grant Agreement resulting from antitrust violations which arise under the antitrust laws of the United States or the antitrust laws of the State of IV mesota. MPS -DEM September, 1997 10 STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES Grantor Program: Federal Disaster Assistance DR- 1187 In Witness thereof, the parties have caused this Sub -grant Agreement to be duly executed intending to be bound thereby. APPROVED F. -O "No • MAYOR Date: March 9, 1998 Title: �MN Date: As per FEMA/State Agreement and Amendments thereto 0 Date: A certified copy of the resolution authorizing the SUB -GRANTEE to enter into this Sub -grant Agreement and designating person(s) to execute this Sub -grant Agreement must be attached hereto. A sample resolution form is attached hereto as Exhibit V. MPS -DEM September, 1997 STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES Grantor Program: Federal Disaster Assistance DR- 1187 EXHIBIT I FEDERAL AUDIT REQUIREMENTS 1. For SUB -GRANTEES who are state (includes Indian tribes) or local governments: If the SUB -GRANTEE receives total direct and indirect federal assistance of: ** Equal to or in excess of $300,000 or more per year, the SUB -GRANTEE agrees to obtain a financial and compliance audit made in accordance with the Single Audit Act of 1984 (Public Law 98-502) and the federal Office of Management and Budget (OMB) Circular A-128. The law and circular provide that the audit shall cover the entire operations of the SUB -GRANTEE government or, at the option of the SUB -GRANTEE government, it may cover departments, agencies or establishments that received, expended, or otherwise administered federal financial assistance during the year. Audits shall be made annually unless the state or local government has, by January 1, 1987, a constitutional or statutory requirement for less frequent audits. For those governments, the cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall also honor requests for biennial audits by governments that have an administrative policy calling for audits less frequent than annual, but only fqr fiscal years beginning before January 1, 1987. 2. For SUB -GRANTEES who are institutions of higher education, hospitals, or other nonprofit organizations: If the SUB -GRANTEE receives total direct and indirect federal assistance of $300,000 or more per year, the SUB -GRANTEE agrees to obtain a financial and compliance audit made in accordance with OMB Circular A-133. The audit must be an organization wide audit, unless it is a coordinated audit in accordance with OMB Circular A-133. However, when the $300,000 or more was received under only one program, the SUB -GRANTEE may have an audit of that one program. Audits shall usually be made annually, but not less frequently than every two years. All audit shall be made by an independent auditor. An independent auditor is a state or local government auditor or a public accountant who meets the independence standards specified in the general Accounting Office's Standards for Audit of Governmental Organizations Programs Activities and Functions. MPS -DEM Z September, 1997 STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES Grantor Program: Federal Disaster Assistance DR- 1187 4. The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular A-128 or A-133 as applicable. The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accountant's (AICPA) Statement on Auditing Standards (SAS) 58, "Reports on Audited Financial Statements" or, SAS 62, "Special Reports", as applicable. The reporting requirements for audit reports on compliance and internal controls shall be in accordance with AICPS's SAS 63, "Compliance Auditing Applicable to Governmental Entities and Other Recipients of Governmental Financial Assistance" and Statement of Position (SOP) 89-6, "Auditors' reports in Audits of State and Local Governmental Units." In addition to the audit report, SUB -GRANTEE shall provide comments on the findings and recommendations in the report, including a plan for corrective action taken or planned and comments on the status of corrective action taken on prior findings. If corrective action is not necessary a statement describing the reason it is not should accompany the audit report. 5. The SUB -GRANTEE agrees that FEMA, the Legislative Auditor, the State Auditor and any independent auditor designated by FEMA shall have such access to SUB- GRANTEE's records and financial statements as may be necessary for FEMA to comply with the Single Audit Act the OMB Circular A-128 and OMB Circular A-133, as applicable. 6. Recipients of federal financial assistance from SUB -GRANTEES are also required to comply with the Single Audit Act and the OMB Circular A-128 or A-133, as applicable. 7. The SUB -GRANTEE agrees to retain documentation to support the schedule of federal assistance. 8. Required audit reports must be filed with the Office of the State Auditor, Single Audit Division and with the Department of Public Safety, within 30 days after the completion of the audit, but no later than nine (9) months after the end of the audit period or within a longer timeframe authorized by the Federal agency. If a federal cognizant audit agency has been assigned for the SUB -GRANTEE, copies of the required audit reports will be filed with that agency also. MPS -DEM September, 1997 13 STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES Grantor Program: Federal Disaster Assistance The Department of Public Safety's audit report should be addressed to: Minnesota Department of Public Safety Office of Fiscal and Administrative Services 444 Cedar Street, Suite 126 St. Paul, Minnesota 55101-5126 DR- 1187 Recipients of more than $300,000 in federal funds are to submit one copy of the audit report within 30 days after issuance to the clearinghouse at the following address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jeffersonville, Indiana 47132 Attn: Single Audit Clearinghouse MPS -DEM September, 1997 14 STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES Grantor Program: Federal Disaster Assistance FEDERAL ASSURANCES DR- 1187 SUB -GRANTEE will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 2. SUB -GRANTEE will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.0 §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 3. SUB -GRANTEE will comply with all federal statutes relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686) which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975 as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 93-255), as amended, relating to non- discrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91- 616), as amended, relating to non-discrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended relating to non-discrimination in the sale, rental or financing of housing; (i) any other non-discrimination provisions in the specific statue(s) under which application for federal assistance is being made, and 0) the requirements on any other non-discrimination Statute(s) which may apply to the Sub -grant Agreement. When applicable, SUB -GRANTEE will comply with Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR part 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or sub -grantees). MPS -DEM 15 September, 1997 STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES Grantor Program: Federal Disaster Assistance DR- 1187 4. SUB -GRANTEE will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal and federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases. For acquisition/relocation projects funded as a result of the FEMA -1187 -DR presidential disaster declaration, the purchase of any real property under a qualified buy-out program shall not constitute the making of Federal financial assistance available to pay all or part of the cost of a program or project resulting in the acquisition of real property or in any owner of real property being a displaced person (within the meaning of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970). SUB -GRANTEE will comply, as applicable, with the provisions of the Copeland "Anti -Kickback" Act (18 USC 874), and the Contract Work Hours and Safety Standards Act (40 U.S. 327-330) regarding labor standards for federally assisted construction sub -agreements, as supplemented by Department of Labor Regulations. 6. SUB -GRANTEE will comply with environmental standards or requirements which may be prescribed pursuant to the following: (a) institution environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 1.90) and Executive Order (EO) 11514; (b) Environmental Policy Act of 1969 (P.L. 91-1.90) and Executive Order (EMO) 11514; (c) notification of violating facilities pursuant to EO 11738; (d) protection of wetlands pursuant to EO 11990; (e) evaluation of flood hazards in floodplains in accordance with EO 11988; (f) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (g) compliance with all applicable standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368, and Environmental Protection Agency regulations (40 CFR part 15). 7. SUB -GRANTEE will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. MPS -DEM September, 1997 16 STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES Grantor Program: Federal Disaster Assistance DR- 1187 EXHIBIT III Disaster Declaration #: DR -1187 Declaration Date: August 25, 1997 CFDC #83:516 isaster Application #: 171-49138 S Code .... ...,.. ...::: a ••; � . .. 2y�°s$"<:�:�`'i � ..ot }.i?%�^.'•�il�c24.[ •r. y� httr� KIN 7Ef��•Y.. : SUB -GRANTEE City of Otsego Street 8899 NE Nashua Avenue City Elk River, Minnesota 55330 County: Wright Authorized Representative (Name and Title): Y Fournier, Mayor Contact Person (Name and Title): Elaine Beatty,_City Clerk Telephone Number: 441-4414 Facsimile Number: 441-8823 APPROVED AMOUNT Federal Share $34,281 *State Share S 6,856 Sub -Grantee Share: S 4,570 Sub -Total : 545,707 Administrative Cost: $1,371 (10(% federal funding) Grand Total $47,078 *Pursuant to Clause 11, Section A, paragraph 2 of this Sub -grant Agreement Contact Persons & Phone # Mailing Address: MPS -DEM FeMuary 20, 1997 WIN 01, MR EN' TTY: 612 297-2100 Jnaron Acuy u i a 1 -•. - — - w - John Gibson 612 725-2702 Facsimile Number: 612 725-2714 Minnesota Division of Emergency Management Room B5 - State Capitol St. Paul, Minnesota 55155 V STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES DR- 1187 Ck=tw Program: Federal Disaster Assistance 8 SUB -GRANTEE will assist the STATE in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 9. SUB -GRANTEE will comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). MPS -DEM 17 September, 1997 STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES Grantor Program: Federal Disaster Assistance DR- 1187 EXHIBIT IV CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS This certification is required by the regulations the bestenting the New Restrictions on of his or her knowledge and belief, that: Lobbying, 44 CFR Part 18. The undersigned certifies, 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fail to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. LARRY FOURN=, MAYOR Name and Title of Authorized Representative eigna�tture FOURNIER, MAYOR MPS -DEM September, 1997 MARCH 9, 1998 Date 19 STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES Grantor Program: Federal Disaster Assistance DR- 1187 5M EX 031T V RESOLUTION AUTHORIZING EXECUTION OF SUB -GRANT AGREEMENT Be it resolved that - ....-IMMMEW. LV tiaa (Name of organization/Local Unit of Government) enter into a Sub -grant Agreement with the Division of Emergency Management in the Nfumesota Department of Public Safety for the program entitled Infrastructure Program for FEMA 1187 - DR -MINNESOTA. LARRY FOURNIER, MAYOR is hereby authorized (Name and Title of authorized official) to execute and sign such Sub -grant Agreements and amendments as are necessary to implement the project on behalf of (Organization/Local Unit of Government) I certify that the above resolution was adopted by the = COUNCIL CITY OF OTSDGO (Executive Body) (Organization/Local Unit of Government) on MARCH 9, 1998 (Date) SIGNED: �ir LARRY FOURNIER *�hYoi� (Title) (Date) MPS -DEM September, 1997 11Tf1TTR C CFTH• DATE: 10/12/97 FEDERAL EMERGENCY MANAGEMENT AGENCY DSR NO: 16492 TIME: 01:30PM DAMAGE SURVEY REPORT SUPP TO DSR: PART I - PROJECT DESCRIPTION COUNTY - WRIGHT .ICANT NAME - OTSEGO (CITY OF) INSPECTION DATE: 09/25/97 PROJECT TITLE - WIND GENERATED DEBRIS ON PUBLIC PROPERTY DAMAGED FACILITY - OTESGO PRAIRIE PARK DISASTER NO: 1187 P.A.ID 171-49138 LOCATION - 8899 NASHUA AVE. CATEGORY A V COMPLETE 24 WORK ACCOM BY: FORCE ACCT DAMAGE DESCRIPTION AND SCOPE OF ELIGIBLE WORK: CITY PARK;PICNIC AREA, BALL FIELD, AND ASPHALT BIKE TRAIL. HIGH WINDS UPROOTED TREES AND SCATTERED DEBRIS THROUGHOUT 7 ACRE THE pARK,AND DAMAGED SEVERAL TREES. WIND GENERATED DEBRIS CONSISTING OF BUILDING MATERIALS, TREES AND PERSONAL PROPERTY WAS DEPOSITED ON PUBLIC PROPERTY. LOAD AND HAUL DEBRIS TO DISPOSAL SITE. RECO[MdENDATION BY INSPECTOR AGENCY ........... .......................................... FEDERAL - BEATY, DON FEMA STATE - LOCAL - ELAINE BEATTY PART II - ESTIMATED COST OF PROPOSED WORK UNIT QTY UNIT PRICE COST ITEM CODE MATERIAL AND/OR DESCRIPTION .......................................................... HR 1.00 $345.00 $345 9011 LABOR, OVERTIME LS 1.00 $1,397.00 EQUIPMENT 3 WORK TO BE DONE 4 1030 DEBRIS TREES (BROKEN UPROOTED 8-18" DIAMETER) EA 24.00 $100.00 $2,400 5 1031 DEBRIS TREES (BROKEN UPROOTED 19-36" DIAMETER) EA 13.00 $200.00 $2,600 6 1040 DEBRIS STUMPS ONLY (UPROOTED 8-18" DIAMETER) EA 14.00 $25.00 $350 7 1041 DEBRIS STUMPS ONLY (UPROOTED 19-36" DIAMETER) EA 3.00 $40.00 $120 - DI/IN 96.00 $2.50 $240 8 1042 STUMP GRINDING TOTAL: $7,452 AMOUNT ELIGIBLE: $7,452 75 % FEDERAL SHARE: $5,589 PART III - FLOOD PLAIN MANAGEMENT/HAZARD MITIGATION REVIEW IN OR AFFECTS FLOOD- FLOODPLAIN f DAMAGE DISASTER LAND USE FPM RECOMMEN- PLAIN OR WETLAND: N LOCATION: HISTORY: U - D DATION: PART IV - FOR FEMA USE ONLY ELIGIBLE SPECIAL CONSIDERATIONS FLOODPLAIN REV. NO. WORKSITE AMOUNT 16640 $7,452 Y M1S1F1 DSR NO: 16492 FEDERAL EMERGENCY MANAGEMENT AGENCY DAMAGE SURVEY REPORT - ITRACT: 1187 DSR: 16492 ID: 171-49138 (CONTINUED) ____LICANT NAME - OTSEGO (CITY OF) PROJECT TITLE - WIND GENERATED DEBRIS ON PUBLIC PROPERTY DAMAGED FACILITY - OTESGO PRAIRIE PARK LOCATION - 8899 NASHUA AVE. DATE PRINTED 10/12/97 INSPECTION DATE: 09/25/97 DISASTER NO: 1187 P.A.ID 171-49138 CATEGORY A PROJECT NO: 102 % COMPLETE 24 WORK ACCOM BY: FORCE ACCT COMMENTS/CHANGES THE APPROVED SCOPE OF WORK IN THIS DSR HAS MINIMAL OR NO POTENTIAL TO AFFECT THE ENVIRONMENT AND THUS QUALIFIES AS A STATUTORY EXEMPTION FROM THE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REVIEW PROCESS. ANY CHANGE TO THE APPROVED SCOPE OF WORK WILL REQUIRE RESUBMISSION TO FEMA FOR REEVALUATION AND NEPA REVIEW. NON-COMPLIANCE WITH THIS REQUIRMENT MAY JEOPARDIZE RECEIPT OF FEDERAL FUNDS. DSR NO: 16492 DATE: 10/12/97 FEDERAL EMERGENCY MANAGEMENT AGENCY DSR NO: 16640 TIME: 01:37PM DAMAGE SURVEY REPORT SUPP TO DSR: PART I - PROJECT DESCRIPTION ICANT NAME - OTSEGO (CITY OF) PROJECT TITLE - WIND GENERATED DEBRIS ON PUBLIC PROPERTY DAMAGED FACILITY - CITY OF OTSEGO LOCATION - CITY WIDE COUNTY - WRIGHT INSPECTION DATE: 09/24/97 DISASTER NO: 1187 P.A.ID 171-49138 CATEGORY A % COMPLETE 15 WORK ACCOM BY: FORCE ACCT CONT DAMAGE DESCRIPTION AND SCOPE OF ELIGIBLE WORK: HIGH WINDS DEPOSITED TREE'S,BRANCHES AND MISCELLANIOUS TRASH ON THE CITY STREETS,SEVERAL STREETS WERE CLOSED. DEBRIS WAS CLEARED AND STORED ON CITY PROPERTY FOR DISPOSAL. DISPOSE DEBRIS BY GRINDING AT LANDFILL. WIND GENERATED DEBRIS CONSISTING OF BUILDING MATERIALS, TREES AND PERSONAL PROPERTY WAS DEPOSITED ON PUBLIC PROPERTY. IAAD AND HAUL DEBRIS TO DISPOSAL SITE. RECOMMENDATION BY INSPECTOR AGENCY .......................................... ........... FEDERAL - BEATY, DON FEMA STATE - LOCAL - ELAINE BEATTY PART II - ESTIMATED COST OF PROPOSED WORK DSR NO: 16640 UNIT QTY UNIT PRICE COST ITEM CODE MATERIAL AND/OR DESCRIPTION ..... ......... .... -�_• •___ _:_••...............=._..........._...............__......_. HR 1.00 $1,276.00 $1,276 9011 LABOR, OVERTIME LS 1.00 $3,654.00 $3,654 9008 EQUIPMENT LS 1.00 $963.00 $963 3 9026 CONTRACTUAL SERVICE 4 WORK TO DO LS 1.00 $29,040.00 $29,040 5 9999 DEBRIS DISPOSAL TOTAL: $34,933 AMOUNT ELIGIBLE: $34,933 75 % FEDERAL SHARE: $26,200 PART III - FLOOD PLAIN MANAGEMENT/HAZARD MITIGATION REVIEW IN OR AFFECTS FLOOD- FLOODPLAIN t DAMAGE DISASTER LAND USE FPM RECOMMEN- PLAIN OR WETLAND: N LOCATION: HISTORY: U - D DATION: PART IV - FOR FEMA USE ONLY ELIGIBLE SPECIAL CONSIDERATIONS FLOODPLAIN REV. NO. WORKSITE AMOUNT $34,933 Y M1S1F1 DSR NO: 16640 FEDERAL EMERGENCY MANAGEMENT AGENCY DAMAGE SURVEY REPORT -MCT: 1187 DSR: 16640 ID: 171-49138 (CONTINUED) nrPLICANT NAME - OTSEGO (CITY OF) PROJECT TITLE - WIND GENERATED DEBRIS ON PUBLIC PROPERTY DAMAGED FACILITY - CITY OF OTSEGO LOCATION - CITY WIDE DATE PRINTED 10/12/97 INSPECTION DATE: 09/24/97 DISASTER NO: 1187 P.A.ID 171-49138 CATEGORY A PROJECT NO: 102 t COMPLETE 15 WORK ACCOM BY: FORCE ACCT CONT COMMENTS/CHANGES THE APPROVED SCOPE OF WORK IN THIS DSR HAS MINIMAL OR NO POTENTIAL TO AFFECT THE ENVIRONMENT AND THUS QUALIFIES AS A STATUTORY EXEMPTION FROM THE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REVIEW PROCESS. ANY CHANGE TO THE APPROVED SCOPE OF WORK WILL REQUIRE RESUBMISSION TO FEMA FOR REEVALUATION AND NEPA REVIEW. NON-COMPLIANCE WITH THIS REQUIRMENT MAY JEOPARDIZE RECEIPT OF FEDERAL FUNDS. DSR NO: 16640 DATE: 10/12/97 TIME: 01:37PM .ICANT NAME - OTSEGO (CITY OF) PROJECT TITLE - PUBLIC BUILDING CLEAN UP DAMAGED FACILITY - CITY HALL LOCATION - 8899 NASHUA AVE. FEDERAL EMERGENCY MANAGEMENT AGENCY DAMAGE SURVEY REPORT PART I - PROJECT DESCRIPTION DSR NO: SUPP TO DSR: COUNTY - WRIGHT INSPECTION DATE: 09/24/97 DISASTER NO: 1187 P.A.ID 171-49138 CATEGORY E V COMPLETE 100 WORK ACCOM BY: CONTRACT 16497 DAMAGE DESCRIPTION AND SCOPE OF ELIGIBLE WORK: CITY HALL; 60X60 CONCRETE BLOCK BLDG.. AIR CONDITIONING UNIT IS MOUNTED ON THE ROOF. HIGH WINDS DAMAGED THE ROOF AND AIR CONDITIONER. FLOODWATERS AND FIOATABLE DEBRIS WERE DEPOSITED THROUGHOUT THE INTERIOR OF THE BUILDING. REMOVE DEBRIS AND CLEAN BY USING FORCE ACCOUNT LABOR OR CONTRACT. RECobea2 DATION BY INSPECTOR AGENCY .......................................... ......... FEDERAL - BEATY, DON FEMA STATE - LOCAL - ELAINE BEATTY PART II - ESTIMATED COST OF PROPOSED WORK UNIT QTY UNIT PRICE COST ITEM CODE MATERIAL AND/OR DESCRIPTION �������������� .. .................................................... WORK COMPLETED2,051 LS 1.00 $2,051.00 $ 2 9026 CONTRACTUAL SERVICE LS 1.00 $-1,051.00 $-1,051 3 5900 DEDUCT INSURANCE PROCEEDS TOTAL: $1,000 AMOUNT ELIGIBLE: $1,000 EXISTING INSURANCE 75 t FEDERAL SHARE: $750 TYPE: G AMOUNT: $600,000 DEDUCTIBLE: $O PART III - FLOOD PLAIN MANAGEMENT/HAZARD MITIGATION REVIEW IN OR AFFECTS FLOOD- FLOODPLAIN 3 DAMAGE DISASTER LAND USE FPM RECOMMEN- PLAIN OR WETLAND: N LOCATION: HISTORY: U - D DATION: PART IV - FOR FEMA USE ONLY AMOUNT ELIGIBLE SPECIAL CONSIDERATIONS FLOODPLAIN REV. NO. WORKSITE $1,000 Y M1S1F1 COMMENTS/CHANGES HAS CE HAS BEEN APPLIED IN THIS DSR. THE APPROVED SCOPE OF WORK IN THIS DSR THE INSURANCE DEDUCTIBLE OF $1,000 PER OCCURAN ATUTORY EXEMPTION FROM THE NATIONAL ENVIRONMENTAL MINIMAL OR NO POTENTIAL TO AFFECT THE ENVIRONMENT AND THUS QUALIFIES AS A ST POLICY ACT (NEPA) REVIEW PROCESS. ANY CHANGE TO THE APPROVED SCOPE OF WORK WILL REQUIRE RESUBMISSION TO FEMA FOR REEVALUATION AND NEPA REVIEW. NON-COMPLIANCE WITH THIS REQUIRMENT MAY JEOPARDIZE RECEIPT OF FEDERAL FUNDS. DSR NO: 16497 DATE: 10/12/97 TIME: 01:37PM ICANT NAME - OTSEGO (CITY OF) PROJECT TITLE - PUBLIC BUILDING CLEAN UP DAMAGED FACILITY - STORAGE POLE SHED LOCATION - 8899 NASHUA AVE. FEDERAL EMERGENCY MANAGEMENT AGENCY DAMAGE SURVEY REPORT PART I - PROJECT DESCRIPTION DSR NO: SUPP TO DSR: COUNTY - WRIGHT INSPECTION DATE: 09/24/97 DISASTER NO: 1187 P.A.ID 171-49138 CATEGORY E t COMPLETE 100 WORK ACCOM BY: CONTRACT 16498 DAMAGE DESCRIPTION AND SCOPE OF ELIGIBLE WORK: 40X120 METAL POLE SHED. HIGH WINDS DAMAGED 40X40 SECTION OF ROOF AND A 16X14 SERVZCE DOOR. REPLACE ROOF AND DOOR. FLOODWATERS AND FIOATABLE DEBRIS WERE DEPOSITED THROUGHOUT THE INTERIOR OF THE BUILDING. REMOVE DEBRIS AND CLEAN BY USING FORCE ACCOUNT LABOR OR CONTRACT - RECOMMENDATION BY INSPECTOR AGENCY .......................................... ...... FEDERAL - BEATY, DON FEMA STATE - LOCAL - ELANE BEATTY PART II - ESTIMATED COST OF PROPOSED WORK UNIT QTY - ..i. -UNIT PRICE COST ..... ITEM CODE MATERIAL AND/OR DESCRIPTION .=.-....- ............................................... ... " LS 1.00 $2,322.00 $2,322 9026 CONTRACTUAL SERVICE TOTAL: $2,322 AMOUNT ELIGIBLE: $2,322 75 % FEDERAL SHARE: $1,742 PART III - FLOOD PLAIN MANAGEMENT/HAZARD MITIGATION REVIEW FLOODPLAIN t DAMAGE DISASTER LAND USE FPM RECOMMEN- IN OR AFFECTS FLOOD- U _ D DATION: PLAIN OR WETLAND: N LOCATION: HISTORY: PART IV - FOR FEMA USE ONLY FLOODPLAIN REV. NO. WORKSITE AMOUNT ELIGIBLE SPECIAL CONSIDERATIONS $2,322 Y M1S1F1 COMMENTS/CHANGES NO INSURANCE COVERAGE ON THIS SITE UNDER THEIR INSURANCE POLICY• THE APPROVED SCOPE OF WORK IN THIS DSR HAS MINIMAL OR N POTENTIAL TO AFFECT THE ENVIRONMENT AND THUS QUALIFIES AS A STATUTORY EXEMPTION FROM THE NATIONAL ENVIRONMENTAL POLICY ACT RK WILL REQUIRE RESUBMISSION TO FEMA FOR REEVALUATION AND NEPA (NEPA) REVIEW PROCESS. ANY CHANGE TO THE APPROVED SCOPE OF WO REVIEW. NON-COMPLIANCE WITH THIS REQUIRMENT MAY JEOPARDIZE RECEIPT OF FEDERAL FUNDS. DSR NO: 16498 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 9. COUNCIL ITEMS Elaine Beatty Council of 3/9/98 6:30PM ITEM NUMBER: I TEM DESCRIPTION: PREPARED BY: EB , CC 9.1. Consider Rivers of Hope request for funding of $1,000.00. Also consideration of line item being included in future City Budgets for funding dollars for Rivers of Hoge. BACRGROUN> 2g� 19gg on Special This item as on the Council Agenda of February Presentation. They asked for $1,000.00 funding from Otsego. They also asked to have this included as a line item Otsego Budget item. gECOWENDATION : This is for Council information and any decision. Thanks, Laine AGENDA SECTION: CITY OF OTSEGO REQUEST FOR COUNCIL ACTION ETING DATE: DEPARTMENT: DEPARTMENT: PREPARED BY: MEETING DATE 9. COUNCIL ITEMS Elaine Beatty Council of 3/9/98 6:30PM ITEM NUIMER: ITEM DESCRIPTION: PREPARED BY: EB, CC 9.2. Appoint a Council Member to the Wright County Transportation Task Force (See attached letter from Bert Bailey, Social Services Sup.) BACRGROUI3-L ointment of an Otsego Attached is a letter from Bert Bailey, Re: APP Councilmember to the Wright County Transportation Task Force. (R19er Rider Bus) . RECOMMENDATION: ointment by the Mayor. This is for Council information and any app Thanks, Elaine WRIGHT COUNTY �,; HUMAN SERVICES AGEN JNTY pA% . --. �i 10 2nd Street NW, Room 300 00 2 Buffalo, MN 55313-1191 Social Services 682-7400 _ Public Health 682-7456 (Q Financial Services 682-7414 0 Toll Free 1-80-362-3667 '6iL d O 682-7701 Fax 7 78156 Don R. Mleziva, Director February 27, 1998 Mayor Larry Fournier 16632 NE 70th Street Elk River, MN 55330 Dear Mayor Fournier: Thank you for participating with Wright County Human Services in our RiverRider transportation system. If you have not already done so, please forward a check at your earliest convenience. While transportation solutions will vary from place to place, a common ingredient to success is getting stakeholders to discuss what will work best and how resources might be managed to produce the best results. To achieve this, the Wright County Commissioners established a Transportation Task Force on January 26, 1998. The specific goal of the Task Force is to assure the implementation of a coordinated, self-sustaining public transportation system that will be available for utilization by all citizens of Wright County. The system is to ensure public access for employment, medical appointments, and basic transportation needs. We are currently looking for a city council representative (or designee) to participate on this Task Force. Wright County will pay a per diem as per County policy. The first Task Force meeting will be held April 1, 1998, at 3:30 p.m. in Room C117 (1st floor across from the jail) at the Wright County Government Center in Buffalo. If you could inform me as to who your designee will be, I will correspond directly with that individual. If at any time I can be of assistance or answer questions, please give me a call at (612) 682-7395 or 1-800-362-3667, ext. 7395. You may also contact me via e-mail at bhb7395@co.wright.mn.us. Sincerely, PertBaile�yK Social Services Supervisor cc: Ms. Elaine Beatty EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 9. COUNCIL ITEMS Elaine Beatty Council of 3/9/98 6:30PM ITEM NLTMBER: ITEM DESCRIPTION: PREPARED BY: EB , CC 9.4. Mike Robertson, City Administrator - Update: A. Consideration of Animal Control Services with the City of Monticello and Patty Salzwedel/fee schedule and Policy for same. BAC March, 1998. Attached is a City of Otsego Proposed Loose Dog Policy, Also attached is information on dog impounding at the City of Monticello Animal Facility with Patty A Salzwedel and an Agreement of Understanding and an Agreement for Sevices and fee schedule. Mike and Judy can explain further and answer questions on same. RECNDATION: This is for Council information and any action. Thanks, Elaine CITY OF OTSEGO PROPOSED LOOSE DOG POLICY MARCH, 1998 1) Loose dogs are a potential public health menace that the City must take prudent steps to control. 2) Complaints regarding loose dogs will be dealt with according to the following procedure; A) Complaints will be logged at City Hall. B) The first complaint will be followed by a warning letter. C) After a second complaint Monticello Animal the Control will be notified and asked to attempt to app g. D) Dogs that are apprehended will be held for a total of 5 days, not including Saturday and Sunday. E) people must pay all necessary fees per the City Fee Schedule in advance at City Hall in order to pick up their animal. City Hall will then notify Monticello Animal Control to release the dog when the person comes to pick it up. F) Unpaid fees will be assessed on residents' property taxes as a special assessment. March 2, 1998 Judy Hudson City Of Ostego 8899 Nashua Avenue Elk River, MN 55330 Dear Judy Hudson, Enclosed you will find two contracts for your consideration for animal control services. The `Agreement of Understanding' contract is with the City of Monticello. They own the Animal Facility in which the animals would be boarded at. I am a sub contractor for the City and maintain the shelter for the City. Generally the animals are held for a length of 5 business days. We are not open on Saturday or Sunday so those days are not considered a legal holding day. After the length of impoundment is up, most of the animals are adopted out. We pride ourselves that our shelter only has to euthanize animals for health or temperament reasons. We work closely with animal humane organizations that will take our adoptable animals. The second contract `Agreement for Services' is for the times in which your City would need the animals picked up and delivered to the Animal Shelter. I would perform this service. We would get authorization from City Hall or the Sheriffs department before we would go out and pick up an animal. If you decide to enter into one or both of the agreements, please sign both copies and return them to me at the address below. I will send you your copies back with the appropriate signatures. Also enclosed is a copy of the City of Monticello's fee schedule. Other cities have Running At Large fees in the range from 20.00 up to 55.00 for the first offence. If the owner is found, we would first send them to City Hall to pay the impound fee and purchase a dog license if it is not licensed. They would then show me receipt of payment when they come to get their dogY u havedalready received somelect all of the ding charges, impound reports then t at the animal would be released. show how the billing is done. If you have any questions, feel free to call me. This can sometimes be confusing. I would be happy to help. Sincerely, r Patty A Salzwedel Animal control officer Monticello Animal Facility 203 Chelsea Road Monticello, MN 55362 612-295-3808 Agreement of Understanding On this day of , 1998, the City of Monticello, Minnesota, hereinafter referred to as the City, and the City of Ostego, MN, hereinafter referred to as the client, so hereby agree as follows: 1. The city, upon reasonable request from the client, shall open the Animal Impound Facility for the delivery and intake of stray, unwanted, or loose animals in the custody of the client. The client shall provide the City with all pertinent information known about animals delivered including, but not limited to, attacks on humans, ownership, veterinary medical history, deposition and any information known by the client that affects the public health and safety. 2. The city shall provide shelter, � day for ir the mals while poundment. 4. 3. The client shall pay to the City a fee of $10.00 pe 4. The city shall, upon completion alf the for humane disposalment eliver the the animal to a qualified profess animal through the Humane Society, or private adoption. 5. The client shall reimburse the City $29.00for any type of disposal of an animal, including euthanasia, private adoption, or Humane Society adoption. 6. The City shall prepare and issue monthly an itemized statement of charges showing dates, length of impoundment, disposal, and when possible, the name of the owner of the animal. 7. The City shall hold the client harmless for any damage to the impound facility caused by any animal and arising out of the City's negligence. 8. The City shall hold the client harmless for any injury to and/or damage to the possessions of the City Animal Control Officer arising out of the City's negligence while the animal is impounded or otherwise under the responsibility of the City. 9. The City shall hold the client harmless against all claims of maltreatment, negligence, and/or wrongful death of any animal arising out to the City's negligence while the animal is impounded or otherwise under the responsibility of the City. 10. Either party may, upon 30 day written notice to the other party, may discontinue this agreement. This agreement is hereby adopted and entered into the of City of Monticello City of Ostego City Administrator City Administrator Agreement for Services This agreement, made the day of by and between the City of Ostego, a municipal corporation (hereinafter referred to as the "City"), and Monticello Animal Control, set out terms and conditions for the general purpose of providing animal control to the residents of the city. WHERAS, enforcement of said ordinance cannot be restricted to standard employees scheduling procedures, and WHERAS, the City desires to provide such enforcement through the services of a private party, which will be able to respond as needed under the general guidelines provided by the City. NOW, Therefore, in and for consideration of the mutual covenants and conditions hereinafter contained, the parties hereto mutually agree as follows: 3. The City , in and for consideration of the sum of Thirty Dollars ($30.00 )per animal picked up, hereby contracts with Monticello Animal Control for the following services: c. Provide timely response to animal pick up calls during the hours of Monday —Friday 8:00 A.M. until 5:OOP .M. c. Exercises care to ensure the humane treatment of animal during transportation. c. Authorization for animals to be picked up shall be made by City officials or the Wright County Sheriff Department when possible. 3. Ensure collection of fines and impound fee prior to the release of animals. 3. Maintains accurate, current records for each animal picked up. 4. Makes timely submittal of billings and records to the City finance department 5. Monticello Animal Control hereby agrees to utilize own vehicle to perform the aforementioned tasks, and further, to provides proper insurance coverage to indemnify and hold harmless the City form any claims or violations arising form the operation of said vehicle (certificate of insurance to be provided to the City). 6. It is hereby agrees by both parties that this agreement may be terminated at any time by either party, with or without reasons, provided that the party wishing to terminate this agreement shall provide written notice to the other party at least their (30) days prior to the effective date of termination. City Of Ostego Date Patty A Salzwedel Date Monticello Animal Control MAR -09-1998 13:32 NAC 512 5'7z> 7C.� r r- . rxi CJc NORTHWEST ASSOCIATED CONSULTANTS INCNIIIIIIIII10 COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM - Via Fax Transmission TO: Otsego Mayor and City Council FROM: Bob Kirmis / David Licht DATE: 9 March 1998 RE: Otsego - Darkenwald Request for Exemption From Moratorium FILE NO: 176.08 This memorandum is intended to document our office's concurrence with the recommendations of the City Attorney in his 9 March 1998 letter to the City Council regarding the Darkenwalds' request for an exemption from the City's moratorium. Obviously, the purpose of the moratorium's establishment is to allow the City a period of time in which to evaluate various issues which will influence the future development of the City. These issues are intended to be addressed as part of the Comprehensive Plan Update effort. As part of the Comprehensive Plan work, particular consideration will be given to desired land uses throughout the City including properties owned by the Darkenwalds. Not until these determinations are made (via the adoption of the Comprehensive Plan), should residential subdivisions (other than allowed 1 per 40 splits) be considered. PC: Mike Robertson Elaine Beatty Andy MacArthur 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK. MINNES PHONE 61 2-595-9636 FAX 6 12-595-9837 E-MAIL NAC(9) WINT STATE OF MINNESOTA SUB -GRANT AGREEMENT FOR FEDERAL ASSISTANCE UNDER THE INFRASTRUCTURE PROGRAM FOR SUB -GRANTEES DR- 1187 Grantor Program: Federal Disaster Assistance 11: RESOLUTION AUTHORIZING EXECUTION OF SUB -GRANT AGREEMENT Be it resolved that CI'T'Y OF OTSEGO (Name of organization/Local Unit of Government) enter into a Sub -grant Agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for the program entitled Infrastructure Program for FEMA 1187 - DR -MINNESOTA. LARRY FO©RNIER, MAYOR is hereby authorized (Name and Title of authorized official) to execute and sign such Sub -grant Agreements and amendments as are necessary to implement the project on behalf of (Organization/Local Unit of Government) I certify that the above resolution was adopted by the CITY COUNCIL CITY OF CYPSO (Executive Body) (Organization/Local Unit of Government) on MARCH 9, 1998 (Date) ELI ANOWrmoi.' . A LARRy • E• Mar-Mar-Gh , 1998 (Date) (Signature ELAINE u r .u• _ nareh 9, 1998 (Date) MPS -DEM 20 September, 1997 CITY OF OTSEGO INVESTMENT SCHEDULE YEAR ENDED DECEMBER 31, 1998 Investment Purchase Maturity Balance 1998 12/31/97 Purchases 1998 Balance Sales 1/31/98 Type Date Date Lasalle CD -EJ 7/14/95 12/2/02 $ 22,176.00 $ 22,176.00 98,750.5651,274.17 FHMA-EJ 7/14/95 12/10/98 98,750.56 MBNA -CD -SB 7/18/95 5/10/99 51,274.17 50,932.95 FNMA -SB 7/18/95 3/10/04 50,932.95 78,572.81 FNMA-DAIN 7/19/95 4/13/00 78,572.81 4,855.00 49,855.00 FNMA -SB 8/2195 2/18/04 511,171.88 51,171.88 FNMA -SB 12/27/95 8!12/03 5/21/03 50,291.34 50,291.34 FNMA -SB FHLM-EJ 7/10/96 7/19/96 7/9/98 25,080.21 25,080.21 29,885.87 FHLB-DAIN 7/25/96 3/5/01 29,885.87 59,641.99 59,641.99 FHLB-DAIN 10/8/96 3/25/97 3/6/01 11/10/05 65,330.59 65,330.59 FNMA -SB CD -Bk of ER 12/31/96 12/31/98 211,228.96 211,228.96 100,000.00 CD -Bk of ER 7/17/97 7/17/98 100,000.00 200,000.00 CD -Bank of ER 12/4/97 12/4/98 200,000.00 100,000.00 CD -Bank of ER 12/4/97 12/4/98 100,000.00 100,000.00 100,000.00 - CD -Bank of ER 12/4/97 12/4/98 Totals 1,344,192.33 - 100,000.00 $ 1,244,192.33 PLUS SMITH BARNEY FUNDS 17,953.13 TOTAL January Cash and Investments Consists of Checking Money Market Savings Investments Scheduled Above Total SB -Smith Barney DAIN-Dain Bosworth EJ -Edward Jones $ 1,262,145.46 $ 43,773.22 72,924.05 1,262,145.46 $ 1,378,842.73 MUNICIPAL OF CITY OF OTStuu INTERIM FINANCIAL^RQEPORT ci imn t7 Disbursements= "3l i i,41 ,a ,s i' 3 FI izc 256,.465.00 ADMINISTRATION 3,700.00 PLANNING COMMISSION ENGINEER PLANNER RECYCLING LEGAL SERVICES CITY HALL -8899 NASHUA OLD TOWN HALL S2,000-00 53 , 500 .00 32 , 000 .00 , 40,000.00 78,076.00 0.00 S+ 103,806.00 POLICE2,500.00 BUILDING INSPECTOR 374,846.00 HIGHWAYS, STREETS & ROADWAYS 12,000.00 STREET LIGHTING , -R 9,291-00 PARKS MAINTENANCE „6,091.00 VATION t1�,-; Anne Favorable 17,752.36. 0.00 9,694.00 3,456.39 2,167.50 3,596.00 1,071.93 425-09 8, 650.50 3,951 .73 0 �g-- 29 , 368 .23 994-90 20.32 680-00 238 ,712 .64 3,700-00 42,306.00 50,043.61 29,832.50 36,404.00 --6-,442--40-- 77,004.07 425.09) 95,155.50 25,548.27 - , .. - - - 34S,477.77 11,005.10 9,270.68 5,411-00 --s3-; 3�Y-f�@- HERITAGE PRESER 410 .63 C 410 .6-3 ) $ 0.00 =•+�87 , 650 .82 1 , 158 , 402 .18 1 , 246 , 053 .00 Total Disbursements 13,3; .37' Other Financing Uses _ — - -00�"� JM�� _ 0.00 TRANSFERS TO OTHER FUNDS �- -- 603 963.25 Beginning Cash Balance +3 S55,048.57 4djCash Balance as of 01/31/98 471 �J3i 141 INTERIM FINANCIAL REPORT AS OF 01/31/98 J s GENERAL FUND a! ( 700-00) 0.00 ( 50.00) 7 h1I_NSals ASSESSMENT/SEPTIC SEARCHES'0.00 0.00 Bud et 146,855-00) 0.00 ( iu Receipts= BLDG PERMIT SURCHG PAYABL 0.00 00 0.00 SALES TAX PAYABLE SALES - 0,00 0.00 ( DAMAGE DEPOSIT PAYABLE, 761,505.00 MAP S/GII TOPO SALES PROPERTY TAXES 3,017.71 X13' BUSIN S 100.00 a�-DOG LICENSES 50,000-00 07 BUILDING PERMITS 2,575-00 18,000.00 '13� SEP h P Rh 11 700-00 j' WETLAND REVIEWFEES 50.00 -� WEIGHT PERMITS 1,2 !;AZ-DD-- a7a014b,855.00 9,300.00 200.00 O 00 ( 146,855.00 HOMESTEAD CREDIT 8,471.00 Yi DISASTER AID 80000.00 �€ POLICE AID 74 ,000 .00 zg MSA MAINTENANCE -, AABGE:a� (ZR SFRVTi'F� 500-00 w' CONDITIONAL USE/VARIANCE FEES 1000.00 91 .50 31.64 400-00 18,236 .90 0.00 1,878-05 Variance Favorable 91.50 31.64 400.00 743,268.10) 100.00) 48,121.95) 0.00 ( 700-00) 0.00 ( 50.00) 7 h1I_NSals ASSESSMENT/SEPTIC SEARCHES'0.00 0.00 ( 146,855-00) 0.00 ( 8,471.00) 0.00 ( 8,000.00) 0.00 ( 74,000-00) 0.00 ( 2 , 500 .00 ) O .00 ( 1 , 000 .00 ) 1'1 - SUBDIVISION FEES 1,64 ) cl 31. 7 h1I_NSals ASSESSMENT/SEPTIC SEARCHES'0.00 ..2,100-00 455.00 ( 1,100.00) - 1,100.00 �i5Z_Z5 1 SNOW PLOWING 0.00 ( 2,500-00) - MAP S/GII TOPO SALES 2 ,500 .00 0 .00 3,017.71 3,017.71 Q`D_a_ ~" GRAVEL HAULING 0 ( 2,575.00) 3 RECREATION FEES 2,575-00 18,000.00 .00 2,035.10 ( 15,964.90) INTEREST EARNINGS __--oONAT-L4�N5 ----- HALL/PEAVEY HSE RENT 9,300.00 200.00 O 00 ( 9,100.00) 7,100,OOi OLD CITY 7,100-00 7�TF>7-) FRANCHISE FEES0.0-0-0- 300-00) .z: �- aEk�ll rF i 300 .00 0.00 ( 4,535.34) CLEAN UP DAY & REIMBURSEMENTS 5,000.00 464.66 "'-850 :00 ._ REFUNDS REL'T.�--------- _ _..__. -._C) r44- -- 553.00 -850:04•-===:===L 38 736.14 ( 1 194 816.86' _.._c:•LTY.-NAL- 1 Total Revenues 233 4C-Lltbar-F6i 0.00 SALE OF INVESTMENTS 0.00 TRANSFERS FROM OTHER FUNDS �I I Gt ' C A S H C 0 N T R 0 L For the Period 01/01/98 to 01/31/98 -- +.GENERAL FUND $ PARK. & REC . ACTIVITIES FUND _--p .:PARK DEVELOPMENT FUND " ND BEGINNING 603,998.25 ffi 38 , 701.14 $ 87,223.79 $ 0 .00 453 .00 S29.22 0r-rr0— TOTAL TOTAL ENDING E 'tJ ,JJv •+• 53,774.27 12 355.13 1,333.02 31.25 0.00 0.00 555,47S. -76. g 55,076. 12,355. INSURANCE RESERVE FU 0.00 -. 29 , 859 CAPITAL EQUIPMENT FUND 29 , 859 17 0 .00 1,747.27 57,687.50 128,954. DEBT SERVICE FUND 184,894.55 ._ --------- . --0 _ - 'rUND"� "� BUILDING CONSTUCTION FUND 134,622.98 0.00 0.00 0.00 19,010.54 134,622. 126,853. MSA CONSTRUCTION FUND 145,864.19 _54: PUBLIC IMPROVEMENT FUND 0=00 O 4.:00©O O .00 0.00 O . 10,732 'ROJECT 94 -2 -37TH & ODEAN FUND10,732.40 _ 0': . StANCT- MISSISSIPPI SHORES FUND , . 0.00 0.00 694.2.1 0.00 76,771.25 0, 103,449 G O . BONDS OF 1996A FUND 179,526.24 3- . - , 2 599 88 -14,450 rlulll IL DEVELOPMENT ESCROW FUND 12,912.43 BUILDERS ESCROW FUND 9,084.60 TOTAL $1,569,198.93 $ 1 ,061 .79 9,084 0.00 a.00 53,532.16 $ 243,888.36 $1,378,842 Claims List for Approval ( e MUNICIPAL OF CITY OF OTSEGO --- --- ---- -----OT/Z77'_3- - 1' i •-For+he-!�rrEod-�i2Y2TY9fi'to-b3/09/98"----------- __--- `t ,1 CLAIM TOTAL ACCOUNT ACCOUNT s A' TO-bdHdM ftY- ---_`-FOR-WFfiFiI`PURPOSF--- -DATE NC7MBEft--OC7.50 03/09/98 3290 12,247.50 101-41560-302 11.419.37 cl HAKANSON ANDERSON ASSOC INC DECEMBER/JANUARY SERVICES 201-41560-302 — 515.63 : •3 1 = --- - -- - -7III�iT�50 3� .i r' _ - -- --- REPAIR THERMOSTAT 03/09/98 3291 336.96 524.50 101-41440-406 101-41400-206 336.96 524.50 ], ',,jUNLIMITED ELECTRIC, INC "I POSTAGE 03/09/48 3292 O - - PURCHASE POWER ---- --O3t09Y98-3293---- 44.49 101-43100-220 44.4? :el -f1IMNESOIT*-eOPr,3Y� 1MC------'TC>=-AGREEMEitr--- "'I EQUIPMENT REPAIR & MAINTENANCE 03/09/98 3294 13.40 101-43100-220 13.40 =^• „i CROW RIVER FARM s GLENS TRUCK CENTER INC REP & MICE SUPPLIES T-INSPECT70NS- ---- 03/09/98 3295 --- — - 03709Y98"3295 03/09/98 3297 ` Q� 191.00 r�-31 301-47500-603 191 .00 , e TATRUST COMPANY -CORPORATE SVS FISCAL FEES 03/09/98 3298 85:27 101_43100_203 85.27 z,. �,IFIRSTAR n NORTHERN AIRGAS SUPPLIES fi2f-3UAPCIES--" —O3/09/9>3� 6,900.00 101-41400-310 6.900.00 zel =_• •o ME-TROPOt�TA APPINTENAMCE AERIAL MAPPING 03/09/98 3300 03/09/98 3301 3,459.33 101-41560-302 3,459.33 -T50-'W MARKHURD AMERICAN ENGINEERING TESTING CO. GEOTECHNICAL SERVICES FOR -----._.-------- WWTP -03/09/98 3302--- -- 150.00-" -101 �TYQ0-355- 233.40 'y x. u� MAYpR MEL-ViM 3wFt'tDRA'- -- �t1E5-_ & PUBLISHING 03/09/98 3303 233.40 101-41400-350 101_4310roOC-�7? 4.147:44 ]. ]a '�1 ECM PU81_I5HERS INC PRINTING, SALT, SAND ETC. 03/09/98 3304_ - 7.030.47 J1 1 =�IWRIGHT COUNTY HIGHWAY DEPT - - 101-43100-220 382.85 03/09/98 03/09/98 3305 853.41 101-41950-322 192.38 ]'I ELK RIVER MUNICIPAL UTILITIES SERVICE TO 2/9/98 - - --- 592.45. =,I —J_ 101-43200-322 1:9 L -- -- ------- — ------ - - 32,504.50 --- 32,504.50 •� 131 TOTAL FOR MONTH_ _ 1 'z' - - ---------- -- �2 500 -.SII.- .e - O - i4TAt YERR-TO-II�T� -'� YI _ '--- •� - 1 ------------- .n �� sa Claims List for Approval MUNICIPAL OF CITY OF OTSEGO - � For- O3LA4L98 ACCOUNT ACCOUNT 9 --' CLAIM CLAIM TOTAL W1. - - T 03/09/98 3306 400,pp 101-41400-347 400.00 121 19 " _ TQ_ pq•�---------- __TQ_ MARCH OTSEGO VIEW 03/09/98 3307 121.19 101-43100-220 : "' JACOUIE ROGNLI ELK RIVER INC FEBRUARY PARTS & SUPPLIES _- �'3f99f9a '33 101-43100-220 193.47 NAPA OF MTCE SUPPLIES 03/09/ 98 3309 193.47 229 101-43100-370 229.95 ; ' ST JOEPHS EQUIPMENT INC i S REP & GRAVEL 0.95 3/09/98 3310 ;CAMAS. SHIELY DIVISION 'LEI -����-zERy- 03/09/98 3312 1,140.00 101-41600-390 1.140.00 512.84 FEBRUARY SERVICES 03/09/98 3313 512.84 101-41940-389 zo GARY A. GROEN, CPA FEBRUARY CLEANINGI'I V 754 u LONG & SONS yEE-ESa=oc-Co'R'3' 03/09/98 3315 30.00 101-41400-320 6.36 SERVICE TO 2/16 201-45250-320 zu I1O� AT & T 468.73 101-41400-320 378.72 vi =a; �I SERVICE TO 3/21 03/09/98 3316 101-43100-320 53.28 z = U.S. WEST COMMUNICATIONS 44.00 '` ---- SERVICES 03/09/98 3317 44.00 549.49 101-42410-301 101-41940-322 343.05 •"' ;3 '!STEPHEN CONROY, ATTORNEY JANUARY SERVICE TO 2/25 03/09/9_ 3318 36.44 "! MINNEGASCO 03/09/98 3319 920.21 605-48000-322 101-41940-322 454.72 I,d iWRIGHT-HENNEPIN CO-OP ELECTRIC ASSN SERVICE TO 2/16 1' 101-43200-373 373.64' �,H zo 101-41960-322 32.70 +'' zni c - -REC- 03/09/98 3321 74.72 101-45300-203 101-48001-301 74.72 1,130:50 + I+� $E PHOTOS - HERITAGE 03/09/98 3322 5,711.30 +s ELIN NORIN -' RADZWILL LAW OFFICE FEBRUARY SERVICES �- 101-48001-301 158.40 •` - _ s. 101-48000-301 19.20 03/09/98 3323 204.17 101 -43100-220 101-41610-390 204.17 317:50 s' , _ ± GLENS TRUCK CENTER INC PARTS FEBRUARY RECYCLING 03/09/98 3324 - 317.50 20.05 s. BFI - WOODLAKE SANITATION SERVICE --4-YR-MONFTORINa-AGR£EMENT- 03/09/98 3326 22.05 101-43100-203 _ 1.230.00 _„`REAP•-AL-ARM5-+N�- D_00. WATERCARE SERVICE FEBRUARY SERVICE HISTORIC CONTEXT PROJECT 73/09/98 3327 - 2�----yam. 1.230 .OU :cam 101-45300-390 --101-4140)-310 � 653' 53.26 , ; ROBERT C. VOGEL & A'i50CIATES --YAiROLL1NG- OTHER -------- -_9 101-41400-310 odRieHF-cOHNW AUB�F9R-FREr45HRER- 56.26 101-43100-203 56.26 , FEBRUARY SUPPLIES 03/09/98 3329 _.- __-. ----------''-"-' - - THE HARDWARE STORE _ _. --- 21,585.18 . 21,58s.1a TOTAL FOR MONTH --- ----- 21 , 585 .18 21,585.18 TOTAL YEAR TO DATE a .38 ;-I i1i