12-08-97 CCCITY OF OTSEGO
KEt2UEST FOR COUNCIL ACTION
AGENDA SECTION= DEPARTMENT. MEETING DATE
4. OPEN FORUM (5 MIN. LIMIT) 12/8/97 - 6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC
4.1. Special Presentation
a. Dan Greene - Info. on equipment breakdown coverage
BACKGROUND:
The Council asked that I have Dan Greene give us a quote on equipment
breakdown coverage for our City. Attached is the base information
from the League. Dan Greene will be here to explain and answer
questions.
RECOMMENDATION:
This is a Council Decision. The price seem reasonable.
Thanks
Elaine
E16/12/1995 02:30 6124416714 FIRST NATIONAL INS PAGE 02
NOU-21-1997 09:43 LEAGUE JF MN CITIES 512 291 129@ 0.02102
LEAGUE OF MINNESO'T'A CITIES
Holler and Machinery Coverage Proposal
For the City of: OTSEGO
This is a proposal only. Coverage i9 not bound until you receive a confirmation in writing
from Berkley Risk Services. Coverage(s) quoted are:
L Comprchtnsive (Including Production Machines)
Limits: $5.000,000 Per Any "One Accident" Combined Property
Damage, Business htterruption and Extra Etpense
5 23, 000 Expediting ,Expenses
S 25,000 Ammonia Contamination
$ 25,000 Water Leakage
$ j0.000 Ice Rink Boned Piping
Deductible $ 1,000 per Accident
IL Limitation of Coverage for Specified Locations or Objects
LQajjjnn Occupy
.ill. Excluded Equipment
elude Ll Location
Annual Premium: 5400
Date: --&
Underwritter:
TOTgL r.32
CITY OF OTSEGO
ICEVUEST YOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE
5. CONSENT AGENDA (Non Controversial items) 12/8/97 - 6:30PM
ITEM NUMBER, ITEM DESCRIPTION: PREPARED BY: EB,CC
5.2. Council approval of Resolution No. 97-19 A Resolution
Transferring Funds from the 1997 Heritage Preservation Commission
Budget to the 1998 Heritage Preservation Commission Budget.
BACKGROUND:
At the Last Council Meeting of 11/24/97 the Council instructed Mike
Robertson, Interim City Administrator to bring back a Resolution as
stated above. Mr. Robertson has written Resolution No. 97-19 attached
for Council Approval.
RECOMMENDATION:
The Staff recommends approval of Resolution No. 97.19.
Thanks,
Elaine
RESOLUTION NO. 97-19
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
A RESOLUTION TRANSFERRING FUNDS FROM THE 1997
HERITAGE PRESERVATION COMMISSION BUDGET TO THE
1998 HERITAGE PRESERVATION COMMISSION BUDGET
WHEREAS, the City of Otsego 1997 budget, Heritage
Preservation Commission, line item Contracted
Services, has surplus funds of $3,000, and;
WHEREAS, the Heritage Preservation Commission
desires to combine those funds with funds in its
1998 budget to pay for the historic resources study
being done by Vogel & Associates.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF OTSEGO, MINNESOTA:
1. That the $3,000 in unspent funds in the 1997
budget, Heritage Preservation Commission, line item
Contracted Services, are hereby transferred to the
1998 budget as a revenue, and that the Contracted
Services line item of the 1998 Heritage
Preservation Commission budget is hereby increased
by an additional $3,000.
Dated this 8th day of December, 1997
CITY OF OTSEGO
Larry Fournier, Mayor
ATTEST:
Elaine Beatty, City Clerk
CITY OF OTSEGO
T FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT. MEETING DATE
5 -CONSENT AGENDA (Non -controversial items)December 8,1997 - 6:30PM
ITEM NUMBER, ITEM DESCRIPTION: PREPARED BY: EB, CC
5.3. Approve final pay request for Odean Ave. Crackfilling
5.4. Approve the P.C. Amendment of Planning Commission Bylaws
BACKGROUND:
5.3. Attached is the final pay request for Odean Ave. Crackfilling
for approval by the Council.
5.4. The P.C. reviewed their Bylaws to add the ethics Ordinance
recently passed by the Council and changed a few items. They request
that the Council Approve same. (Attached is an updated copy for your
review and approval)
RECOMMENDATION:
This is for Council information/Approval.
Staff recommends approval of 5.3 and 5.4 above.
Thanks,
A
Elaine
-s 3
Hakanson
Assoc.,
Anderson
Inc.
November 21, 1997
Elaine Beatty, Clerk
City of Otsego
8899 Nashua Avenue N.E.
Otsego, MN 55330
RE: Odean Avenue Crack Repair 1997
Dear Eiainc,
3601 Thurston Avenue
Zlul " ;G Anoka, Minnesota 55303
612/427-5860
Fax 612/427-3404-- 0520
Find enclosed the signed Final Pay requests for the above mentioned work by
Buffalo Bituminous.
We recommend paying the contractor in full the amount of $35,651.00.
Previous correspondence on November 5 and November 12, 1997 on this matter
explains the difference between the amount anticipated and the actual amount
needed to complete the work.
Please present this for payment to the City Council. Retain a copy of the signed
form for your files, return a copy to our offices, and send one with the check to the
contractor.
If you have any questions, please contact me.
Yours truly
HAKAK!. n. AN =RSON ASSOCIATFS. INC:.
Lawfen
clk
Enclosure
oshak, PE
cc: Mike Robertson, Administrator
John Harwood, PE
ot910.eb9
Engineers Landscape Architects Surveyors
FINAL PAY REQUEST
alo Bituminous, Inc.
J. Box 337
Buffalo, MN 55313
RE: City of Otsego 1997 Public Works Maintenance Projects
Odean Avenue Crack Repair
Bid Schedule "A"
ENGINEER
Estimated Unit Contract Used to
Item Descrintion Quantity Price Cost Date Extension
1.
2331 Type 41 Bituminous Mixture for Overlay
100JTONJ
$35.00 TONJ
$3,500.001
$1,421.00
2.
2357 Bituminous Tack Coat
50 GA
$2.00 I GA 1
$100.00
25 !GA 1
$50.00
3.
Traffic Control (signs)
1 ILS I
$1,000.00 LS 1
1,0001
1 SLS 1
$1,000.00
4.
MiIURe air Cracks(w/flagmen)
NA 1 1
$1.68 1 LF I
NAI
19,750 LF 1
$33,180.00
TOTAL BID SCHEDULE "A":
AMOUNT DUE CONTRACTOR:
$35,651.00
$35,651.00
APPROVALS:
CONTRACTOR: Certification by Contractor; I certify that all items and amounts shown are correct for the work completed to date.
Buffs
Signi
Title
ENGINEER:
Hakanson
Signed 77
Title l
OWNER:
City of Oisego
Signed
Title
ci�fes c.
Date/ Q
Date
OT910fin.WK4 Page 1 11/12/97
FINAL PAY REQUEST
`alo Bituminous, Inc.
r.0. Box 337
Buffalo, MN 55313
RE: City of Otsego 1997 Public Works Maintenance Projects
Odean Avenue Crack Repair
OWNER
Bid Schedule "A"
Estimated Unit Contract Used to
Item nescrintion Ouantitv Price Cost Date Extension
1.
2331 Type 41 Bituminous Mixture for Overlay
100 TON
$35.00 TON
$3,500.00
41 TON
$1,421.00
2.
2357 Bituminous Tack Coat
50 GA
$2.00 GA
$100.00
25 GA
$50.00
3.
Traffic Control (signs)
1 LS
$1,000.00 LS
1,000
1 LS
$1,000.00
4.
Mill/Repair Cracks (w/flagmen)
NA
_ $1.68 LF
_ NA
19,750 LF
$33,180.00
TOTAL BID SCHEDULE "A":
AMOUNT DUE CONTRACTOR:
$35,651.00
$35,651.00
APPROVALS:
CONTRACTOR: Certification by Contractor; I certify that all items and amounts shown are correct for the work completed to date.
Buffalo Bituminou Inc. %
Signed /
Title Date
ENGINEER:
Hakanson An r ssoc' tJ�
Signed
Title Date
OWNER:
City of Otsego
Signed
Title
Date
OT910fin.WK4 Page 1 11/12/97
FINAL PAY REQUEST
alo Bituminous, Inc.
.). Box 337
Buffalo, MN 55313
RE: City of Otsego 1997 Public Works Maintenance Projects
Odean Avenue Crack Repair
Bid Schedule "A"
CONTRACTOR
Estimated Unit Contract Used to
Item Descriotion Quantity Price Cost Date Extension
1. 2331 Type 41 Bituminous Mixture for Overlay
100 ITON
$35.00 ITON
$3,500.00
41 TONJ
$1,421.00
2. 2357 Bituminous Tack Coat
50 IGA
$2.00 'GA
$100.001
25 IGA 1
$50.00
3. Traffic Control (signs)
1 LS
$1,000.00 ILS
1,0001
1 ILS 1
$1,000.00
4. MiIURe air Cracks(w/flagmen)
NA
$1.68 1 LF
NAI
19,750 1 LF
$33,180.00
TOTAL BID SCHEDULE "A":
AMOUNT DUE CONTRACTOR:
$35,651.00
$35,651.00
APPROVALS:
CONTRACTOR: Certification by Contractor; I certify that all items and amounts shown are correct for the work completed to date.
Buffalo Bituminou Inc.
Signed - _ _ f, ,
\J- VY 1 44
Title Date
ENGINEER:
Hakanson An Associate
Signed
Title Date /
OWNER:
City of Otsego
Signed
Title
Daie
OT910fin.WK4 Page 1 11/12/97
s. 4/
CITY of OTSEGO Councll Approved
PLANNING COMMISSION
BYLAWS
Amended: December 3, 1997
ORGANIZATION:
1. The Planning Commission officers shall be:
Chair
Vice Chair
Secretary
2. Duties of the officers:
A. Chair:
The Chair shall preside at all meetings of the Commission.
The Chair shall preserve order and decorum and shall decide all questions of
order.
The Chair shall appoint any necessary committees and shall appoint any
committees requested by a majority of the members.
The Chair may call special or emergency meetings, providing notice pursuant to
the Open Meeting Law, Minn. Stat. 471.705, Subd. lc.
B. Vice Chair:
The Vice Chair shall preside at all meetings in the absence of the Chair and
perform such duties as requested by the Chair.
C. Secretary:
The Secretary shall be responsible for insuring that detailed minutes of all
Commission meetings shall be taken by the staff secretary and distributed to
the members at least a week before the next commission meeting.
The Secretary shall also maintain records of site inspection attendance and
attendance of Commission members at meetings and shall submit these records to
the staff upon a regular basis.
WORK RULES:
Page 2
1. There shall be two regularly scheduled meetings the first and third Wednesday of
each month, unless an alternative is scheduled due to an unforeseen conflict.
Notice of the change must be given in writing to members at least four days prior
to the meeting date.
2. At the first meeting in February, the Commission shall elect from it's membership a
Chair, a Vice Chair, and a Secretary.
3. The membership of the Commission shall consist of seven members appointed by
the City Council, one alternate member appointed by the City Council, and a
non-voting Council representative appointed by the Mayor.
4. The alternate member shall sit at the planning commission table during any
scheduled meeting and participate in all sessions, but the alternate shall only vote if
a member of the commission is absent.
5. A quorum shall consist of four members.
6. A member may be excused from an individual meeting for reasons of illness, work
or out of town trips. Notice of the members absence should be communicated to
the staff on the date of the meeting.
7. The order of business shall be as listed in the meeting agenda to be prepared by the
Zoning Administrator before each meeting.
8. All Commission recommendations shall be sent to the City Council in written
meeting minutes and shall include a record of the division of votes on each
recommendation.
9. All meetings shall be open to the public.
10. Any site inspection involving 4 members or more as a group, shall be noticed
as a special Planning Commission meeting.
11. Any resolution or motion, except the motion to adjourn, postpone, reconsider,
table, or force the previous question shall be written and included in the meeting
minutes.
12. Any resolution or motion may be withdrawn at any time before action is taken on
it.
Page 3
13. When a question is under debate, no other motion shall be entertained except to
table or call for the question, act on the question, postpone, refer to committee, or
amend. Motions shall take precedence in that order and the first two shall be
without debate.
14. All motions shall be carried by a majority vote of the members and Chair present,
except call for the "question". Any members or the Chair may call for a roll call
vote on any issue.
15. Motions shall be made only by persons recognized by the Chair.
16. Call for the question is not a motion, but an indication to the Chair that the person
making this statement is ready to have the motion or question acted upon without
further discussion.
17. These rules shall not be repealed or amended except by a five member vote of the
Commission and after notice has been given at a previous meeting. Changes in
these By -Laws will become active upon approval by the City Council.
18. Ordinance # 97-13, CODE OF ETHICS, as amended.
19. Any rule not covered by these Work Rules shall be governed by Robert's Rules of
Order.
co/pcbylaws.wps
97-13
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF NIINNESOTA
CODE OF ETHICS
Section 1. Policy and Purpose. It is imperative that all persons acting in the public service
not only maintain the highest possible standards of ethical conduct in their transaction of
public business, and that such standards be clearly defined and known to the public as well as
to the persons acting in public service.
The proper operation of a democratic government requires that public officials be
independent, impartial, and responsible to the people. Governmental decisions and policies
must be made in the proper channels of the governmental structure. Public office may not be
used for personal gain. Citizens must have confidence in the integrity of their government
officials.
Employees and contracted staff of the City must also be held to. the highest ethical standards,
but the standards established for them should be contained within the City's employee manual
and/or individual contracts.
In recognition of these goals, there is hereby established a Code of Ethics for the City's
elected and appointed public officials. The purpose of this Code is to establish ethical
standards of conduct for such persons by prohibiting acts which are incompatible with the
City's best interests, and to demonstrate to the public the City's commitment to hold said
public officials to the highest possible standard of conduct. The provisions and purpose of this
Code are declared to be in the best interests of the City of Otsego.
Section 2. Responsibilities of Public Office. Public officials hold office on behalf of the
public. They are bound to uphold the Constitution of the United States of America and the
Constitution of the State of Minnesota. Public officials must carry out impartially the laws of
the nation, state, and City in fostering respect for all government. They are bound in their
official acts to the highest standards of morality, and to discharge faithfully the duties of their
office. Public officials shall be dedicated to fulfilling the responsibilities of their office. They
shall be dedicated to the public purpose and all programs developed by them shall be in the
community interest. Public officials shall not exceed their authority or breach the law or ask
others to do so. They shall work in full cooperation with other public officials and employees
unless prohibited from doing so by law.
11
Section 3. Scope of Persons Covered.
Subdivision 1. The provisions of this Code of Ethics are applicable to the Mayor, all
members of the City Council, and all appointed City Officials. It shall not include City
employees who are not otherwise appointed officials, contracted City staff, nor citizen
volunteers.
Subdivision 2. The Disclosure provisions of Section 5 are applicable only to elected
public officials, and members of the following Boards and Commissions: Planning and
Zoning Commission, Economic Development Authority Advisory Commission,
Heritage Preservation Commission, and Park and Recreation Commission.
Section 4. Conflict of Interest.
Subdivision 1. No person covered by this Code shall knowingly engage in any conflict
of interest, or knowingly engage in any business or transaction, or shall have a direct
or indirect financial or other personal interest which is incompatible with the proper
discharge of the person's official duties or would tend to impair the person's
independent judgment or action in the performance of his official duties.
In determining whether or not a conflict of interest exists, factors to be considered
include, the nature of the matter before the City, the affect or potential affect of the
actions taken by the public officials, and the need for action on the matter in question.
While a conflict of interest could conceivably exist in many instances, a conflict only
falls within the scope of this policy when it arises to the level of a disqualifying
conflict of interest. A disqualifying conflict of interest is a conflict which rises to such
a level that a reasonable person viewing the matter in an objective fashion would
conclude that the apparent or real conflict would not allow the involved official to
make an unbiased decision in the matter.
In the case of a proposal of general application throughout the City, the issue as to
whether or not a conflict of interest exists is not as closely scrutinized as when a
conflict of interest exists regarding an application for action regarding a defined
specific parcel of property, or in a case where the action affects a particular individual
or a narrowly defined class of individuals rather than the public in general. In the case
of a specific application, a disqualifying conflict of interest exists when their is a
reasonable perception (whether it actually exists or not) of a conflict of interest. In the
case of an ordinance or decision of general application, the standard shall be an actual
conflict of interest, since it is in the nature of the system of City government that
various conflicting views and interests be represented in any vote on an ordinance or
2
policy of general application.
Conflict of interest shall include both personal and financial conflicts. A "personal
interest" is an interest arising from blood or marriage relationships, or from close
business or political association. A "financial interest" means any monetary interest in
a contract before the City, or a direct financial interest in the matter through the
ownership of stocks, bonds, notes, or other securities.
Subdivision 2. If a public official determines that they have a disqualifying conflict
of interest, they shall bring it to the attention of the Council, Board, or Commission at
the time that consideration of the matter is before that body. The public official shall
then recuse themselves from any further discussion or action regarding that matter. If
they so choose, they may leave the table and be seated in the audience, where they
have the same rights as any other citizen.
In the event that the chair, or any other member of the Council, Board, or Commission,
reasonably believes that another member has a disqualifying conflict of interest, they
may raise the matter with the member who has a perceived conflict of interest. In the
event that the member does not believe that a conflict exists, and will not voluntarily
recuse themselves, the matter may be called to a vote of the affected body.
Notwithstanding that vote, it will still be up to the affected member to voluntarily
recuse themselves or not recuse themselves.
With the understanding that a failure to recuse may have legal implications in a matter
where the vote directly affects the rights of an individual in a matter before the City
Council, in such a case, the Council may request that the City Attorney render an
opinion as to whether or not the conflict of interest alleged exists, and whether or not
it is a disqualifying conflict of interest.
Subdivision 3. A conflict of interest shall include, but shall not be necessarily limited
to the following:
A. Holding a private or other public position in addition to the person's primary
public position which interferes with the proper discharge of public duty.
B. Use of confidential information, obtained as a result of public position, for
personal gain.
C. Soliciting of personal gifts and favors.
D. Use of official position for personal gain.
E. Holding investments which will interfere with the proper discharge of public
duty.
F. Representation' for profit of private interests before City governmental
agencies.
G. Participation as a public representative in a business transaction in which the
person has a direct or indirect financial or other personal interest, without full
disclosure.
H. Personal interest in any matter which prevents the person from properly
fulfilling their public duty.
Subdivision 4. Notwithstanding any provision of this chapter to the contrary, no
person subject to this chapter shall directly or indirectly solicit any gift or accept or
receive any gift of substance whether in the form of money, services, loan, travel,
entertainment, hospitality, promise, or any other form, under circumstance in which it
could reasonably be expected to influence him or her in the performance of his or her
official duties or was intended as a reward for any official action on his or her part.
Section 5. Disclosure. Any Council member, Board member, or Commission member, prior
to consideration of any matter affected by this section, shall disclose to the body on which he
serves any fact or circumstance constituting a conflict of interest as set forth in this Ordinance.
If the matter is of such a nature that the member does not wish to specifically state the facts or
circumstances of the conflict, they may state simply that they have a conflict.
In the event that the conflict of interest is a disqualifying conflict of interest, the member shall
recuse themselves from any discussion or action regarding the issue in front of the body.
All Council members, board members, or commission members are encouraged to recuse
themselves in any situation where facts and circumstances would lead an objective observer to
the reasonable conclusion that a conflict of interest may exist.
Section 6. City Council Enforcement. Failure of any Commission or Board member to
properly recuse themselves in a conflict of interest situation, may result in City Council
initiated removal from the public body.
Section 7. Effective Date. This ordinance shall be in full force and effect after its passage
and publication.
4
ADOPTED BY THE OTSEGO CITY COUNCIL this 13TH day of october, 1997,
IN FAVOR: Mayor Larry Fournier, Council Members Vern Heidner, Suzanne Ackerman
Virginia Wendel and Mark Berning
OPPOSED:
No One
CITY OF OTSEGO
1 Four or
ilaine Beatty, Cit� Clerk
5
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION= DEPARTMENT: MEETING DATE:
DEPARTMENT: PREPARED BY: MEETING DATE
6. BOB KIRMIS, ASST. CITY PLANNER: December 8, 1997 6:30PM
ITEM NUMBER: ITEM DESCRIPTION:
6-1- Consider applicant Dennis Carpenter, Milestone Radio LLC, 14 West Division Street, Waite
Park, Mn. 55387, Owner of the property is UPA, 17845 East Hwy 10, Elk River, MN. Location of
property is 6155 Kadler Ave NE, Otsego (Albertville) Mn. PID #118-800-344401. That part of the East
half of the Southeast quarter (E-1/2 of the SE 1/4) Sec. 34, Twp 121, R24 (site of existing UPA Tower)
etc. Request is as follows:
a. A Zoning Ordinance amendment establishing commercial and public radio and
television transmitting and public utility microwave antennas and support structures as
conditional uses in the A-1, Agricultural Rural Service Zoning District.
b. A conditional use permit to allow the erection of a radio transmitting antenna and
support structure within an A-1, Agricultural Rural Service Zoning District.
C. A planned unit development conditional use permit to allow more than one
principal structure upon a single lot of record (in recognition of existing 260 foot UPA
transmission tower.
BACKGROUND:
The above items came before the Planning Commission on December 3, 1997
The Hearing was held, discussion was had and the following recommendation was made:
ING ROSKAFT MOTIONED TO ALLOW A ZONING ORDINANCE AMENDMENT
ESTABLISHING COMMERCIAL AND PUBLIC RADIO AND TELEVISION
TRANSMITTING AND PUBLIC UTILITY MICROWAVE ANTENNAS AND SUPPORT
STRUCTURES AS CONDITIONAL USES IN AN A-1, AGRICULTURAL RURAL SERVICE
ZONING DISTRICT, INCLUDING NAC'S REPORT DATED NOVEMBER 19, 1997.
BRUCE RASK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
There was some discussion on having a separate district to allow Commercial and Public Radio
Television Transmitting.
EUGENE GOENNER MOTIONED TO ALLOW A CONDITIONAL USE PERMIT TO ALLOW
THE ERECTION OF A RADIO TRANSMITTING ANTENNA AND SUPPORT STRUCTURE
WITHIN AN A-1, AGRICULTURAL RURAL SERVICE ZONING DISTRICT, AND INCLUDE
THE CONDITIONS OF NAC'S REPORT DATED NOVEMBER 19, 1997. ARLEEN NAGEL
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
(Cont. to Page 2 )
ING ROSKAFT MOTIONED TO ALLOW A PLANNED UNIT DEVELOPMENT,
CONDITIONAL USE PERMIT TO ALLOW MORE THAN ONE PRINCIPAL STRUCTURE
UPON A SINGLE LOT OF RECORD (IN RECOGNITION OF EXISTING 260 FOOT UPA
TRANSMISSION TOWER.) AS PER NAC'S REPORT DATED NOVEMBER 19, 1997.
ARLEEN NAGEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
It was noted that this item will be on the December 8, 1997 (Monday) Council Meeting at 6:30PM
RECOMMENDATION:
This is for Council decision. The P.C. and Staff recommendation is Approve the above requests as
motioned by the P. C.
Th s, ,
Elaine
DEC -04-1997 08:51
INC
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO:
NAC
612 595 983? P. 02/0?
NORTHWEST ASSOCIATED CONSULTANTS
COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
Otsego Mayor and City Council
Bob Kirmis
4 December 1997
Otsego - Milestone Radio CUP
176.02 - 97.22
Attached please find a findings of fact related to the Milestone Radio conditional use
permit request. The findings reflect the recommendation of the Planning Commission.
In addition to the 14 conditions of approval recommended by the Planning Commission,
the Council may wish to include an additional condition related to antenna height. Of
specific issue is an assurance that the proposed 500 foot antenna height is the minimum
necessary for proper (or allowable) functioning.
In this regard, the following additional condition may wish to be added:
15. The applicant demonstrate to the satisfaction of the City that the proposed antenna
height is the minimum necessary to function as intended and acquire necessary
federal licenses.
I will be available to discuss this matter further at the 8 December meeting.
pc: Mike Robertson
Elaine Beatty
Andy MacArthur
John Harwood
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6
PHONE 6 12-595-9536 FAX 5 1 2-595-9837
DEC -04-1997 08:52 NAC 612 595 9837 P.03i07
RE:
Conditional Use
Permit Approval
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
FINDINGS OF FACT
AND DECISION
Application of Dennis Carpenter on behalf of Milestone for a conditional use permit to
allow the erection of a radio transmitting antenna and support structure within an A-1,
Agricultural Rural Service Zoning District.
On 8 December 1997, the Otsego City Council met at its regularly scheduled meeting to
consider the application of Dennis Carpenter for a conditional use permit to allow the
aforementioned. Based upon the application, the recommendation of the Planning
Commission and the evidence received, the City Council now makes the following findings
of fact and decision.
FINDINGS OF FACT
1. The applicant is requesting a conditional use permit to allow the erection of a radio
transmitting antenna and support structure within an A-1, Agricultural Rural Service
Zoning District.
2. The subject property is zoned A-1, Agricultural Rural Service.
3. The legal description of the property is as follows: (See Attached Exhibit A)
4. Section 2051-5.1 of the City's Zoning Ordinance lists commercial and public radio
and television transmitting and public utility microwave antennas and necessary
support structures" as conditional uses in the A-1 Zoning District.
5. The applicant intends to erect a radio transmission antenna (and support structure)
measuring 500 feet in height.
6. Section 20-4-2.F of the Zoning Ordinance directs the Planning Commission and
City Council to consider seven possible adverse effects of the requested rezoning.
The seven effects and the findings regarding them are:
a. The proposed action's consistency with the specific policies and
Provisions of the official City Comprehensive Pian.
DEC -04-1997 08:53 NAC 612 595 9837 P.04i07
The proposed use will be compatible with adjacent properties. As such, the
use is consistent with the intent of the Comprehensive Plan and the
property's A-1 zoning designation.
b. The proposed use's compatibility with present and future land uses of
the area.
The proposed antenna and existing support structure will be compatible with
present and future uses in the area.
C. The proposed use's conformity with all performance standards
contained herein (i.e., parking, loading, noise, etc.).
The proposed use will conform to all applicable performance standards.
d. The proposed use's effect upon the area in which it is proposed.
The proposed use will not tend to or have an adverse effect upon the area
in which it is proposed.
e. The proposed use's impact upon property values of the area in which
it is proposed.
While no detailed study has been conducted, similar situations dictate that
the proposed use will not negatively impact area property values.
f. Traffic generation by the proposed use in relation to capabilities of
streets serving the property.
Traffic generated by the proposed use is within the capabilities of Kadler
Avenue which serves the property.
g. The proposed use's impact upon existing public services and facilities
including parks, streets, and utilities, and its potential to overburden
the City's service capacity.
The proposed use can be accommodated by existing public service facilities
and will not overburden the community's service capacity.
7. The planning report dated 19 November 1997, prepared by Northwest Associated
Consultants, Inc., is incorporated herein.
2
DEC -04-1997 08 53 NAC 612 595 9837 P.05i07
8. On 3 December, the Otsego Planning Commission conducted a public hearing to
consider the proposed conditional use permit preceded by published and mailed
notice. Upon review of the conditional use permit application and evidence
received, the Otsego Planning Commission closed the public hearing and
recommended that the City Council approve the conditional use permit based on
the aforementioned findings.
DECISION
Based on the foregoing considerations and applicable ordinances, the applicants' request
for a conditional use permit to allow the erection of a radio transmitting antenna and
support structure in an A-1 Zoning District is approved in its present form and subject to
the following conditions:
1. The City approve a Zoning Ordinance amendment establishing commercial radio
and television transmitting antennas as conditional uses in the A-1, Agricultural
Rural Service Zoning District.
2. The antenna and support structure be in compliance with all City building and
electrical code requirements.
3. The structural design, mounting and installation of the antenna are in compliance
with manufacturer's specifications and verged and approved by a registered
professional engineer.
4. Written authorization for antenna erection is provided by the property owner.
5. No advertising messages are affixed to the antenna or antenna support structure.
6. The antenna and support structure are not artificially illuminated unless required by
law or by a governmental agency to protect the public's health and safety.
7. If applicable, any required federal or state licenses (i.e., FAA, FCC) are acquired
and documentation of such acquisitions are supplied to the City.
8. The antenna support structure is designed to accommodate other users including
but not limited to other communication companies, local police, fire and ambulance
companies.
9. A qualified professional engineer specifies in writing (to the satisfaction of the City
Engineer) that the collapse of the antenna tower will occur within the boundaries of
the subject site.
3
DEC -04-1997 08:54 NAC
612 595 9837 P.06i07
10. Guy wire locations comply with applicable A-1 District setback requirements.
11. The site plan is revised to illustrate the location of the proposed mechanical
building.
12. The proposed mechanical building comply with applicable City building material
requirements.
13. A security fence not greater than eight feet nor less than seven feet in height with
a ma)dmum opacity of 50 percent is provided around the antenna support structure
and other equipment.
14. The City Engineer provide comment and recommendation in regard to site access
issues.
ADOPTED by the Otsego City Council this 8th day of December 1997_
CITY OF OTSEGO
By:
ATTEST:
Lary Fournier, Mayor
By:
Elaine Beatty, City Clerk/Zoning Administrator
4
NORTHWEST ASSOCIATED CONSULTANTS
O
INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
N w, 4#% e -=-!
PLANNING REPORT
TO:
FROM:
DATE:
RE:
FILE NO:
EXECUTIVE SUMMARY
Background
Otsego Mayor and City Council
Otsego Planning Commission
Bob Kirmis / David Licht
19 November 1997
Otsego - Milestone Radio: Zoning Ordinance Amendment/
Conditional Use Permit
176.02 - 97.22
Mr. Dennis Carpenter, on behalf of Milestone Radio, has submitted a request to erect a
500 foot high radio transmission antenna (and support structure) upon a 4.0 acre parcel
of land located south of County Road 37 and west of Kadler Avenue. Presently, a 260 foot
United Power Association (UPA) transmission tower exists upon the subject site.
To accommodate the proposed antenna erection, the following approvals are necessary:
1. A zoning ordinance amendment establishing commercial and public radio and
television transmitting and public utility microwave antennas and support structures
as conditional uses in the A-1, Agricultural Rural Service Zoning District.
2. A conditional use permit to allow the erection of a radio transmitting antenna and
support structure within an A-1, Agricultural Rural Service Zoning District.
3. A planned unit development conditional use permit to allow more than one principal
structure upon a single lot of record (in recognition of existing 260 foot UPA
transmission tower).
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6
PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837
Attached for reference:
Exhibit A - Site Location
Exhibit B - Detailed Site Location
Exhibit C - Zoning Ordinance Amendment
Exhibit D - General Antenna Standards
Exhibit E - Site Plan
Exhibit F - Support Structure Elevation
Recommendation
A decision regarding the acceptability of allowing commercial radio and television
transmitting antennas in agricultural zoning districts is considered a policy matter to be
determined by City officials. Should the City feel such use allowance is appropriate, we
would recommend approval of the requested conditional use permit subject to the following
conditions:
1. The City approve a Zoning Ordinance amendment establishing commercial radio
and television transmitting antennas as conditional uses in the A-1, Agricultural
Rural Service Zoning District.
2. The antenna and support structure be in compliance with all City building and
electrical code requirements.
3. The structural design, mounting and installation of the antenna are in compliance
with manufacturer's specifications and verified and approved by a registered
professional engineer.
4. Written authorization for antenna erection is provided by the property owner.
5. No advertising messages are affixed to the antenna or antenna support structure.
6. The antenna and support structure are not artificially illuminated unless required by
law or by a governmental agency to protect the public's health and safety.
7. If applicable, any required federal or state licenses (i.e., FAA, FCC) are acquired
and documentation of such acquisitions are supplied to the City.
8. The antenna support structure is designed to accommodate other users including
but not limited to other communication companies, local police, fire and ambulance
companies.
2
9. A qualified professional engineer specifies in writing (to the satisfaction of the City
Engineer) that the collapse of the antenna tower will occur within the boundaries of
the subject site.
10. Guy wire locations comply with applicable A-1 District setback requirements.
11. The site plan is revised to illustrate the location of the proposed mechanical
building.
12. The proposed mechanical building comply with applicable City building material
requirements.
13. A security fence not greater than eight feet nor less than seven feet in height with
a maximum opacity of 50 percent is provided around the antenna support structure
and other equipment.
14. The City Engineer provide comment and recommendation in regard to site access
issues.
15. Comments of other City staff.
ISSUES ANALYSIS
Processing Options. Presently, the Zoning Ordinance allows commercial radio and
television transmitting antennas only within 1-1, Limited Industrial Zoning Districts. As a
result, the following processing options were considered worthy of examination:
1. Rezone the Site From An A-1 to An 1-1 Zoning Designation. While this option may
be the simplest in terms of processing, the establishment of a spot 1-1 zone is
contrary to the intent of the Comprehensive Plan. Also to be recognized is that the
application of the 1-1 zoning designation to the subject site would establish it as
being appropriate for all uses allowed within the district (i.e., machine shops,
warehouses, etc.).
2. Process a Variance. The Ordinance does not allow the processing of a "use"
variance. Thus, granting of a variance to allow a radio transmitting tower within an
agricultural zoning district is not possible.
3. Amend the Ordinance to Allow Radio Transmission Towers Within the 1-1 Zoning
District. Recognizing that a rezoning of the property to an 1-1 designation would
likely establish an undesirable precedent, the Ordinance could be amended to
3
conditionally allow radio transmission antennas (and support structures) within A-1
Zoning Districts.
4. Establish a New Zoning District. In many ways, the extreme southwest area of the
City is beginning to take on characteristics of an "antenna farm". Recognizing this
and the desirability of confining antennas to a single area of the City, a new zoning
district could be created which exclusively allows antennas and could be applied
to the land area in question. This option does, however, have drawbacks in its
questionable relationship to the provisions of the 1996 Telecommunications Act, a
need to amend the Comprehensive Plan (to justify rezoning) and the potential for
"spot" zones throughout the City. In response to the provisions of the
Telecommunications Act, the City has recently adopted an ordinance which allows
personal wireless communication antennas and towers within all zoning districts of
the City. Subject to various conditions, the limitation of antennas to a single area
of the City may challenge the intent of the Act (and result in a substantial reworking
of the recently adopted amendment text).
It is the opinion of our office that the simplest and most appropriate means of processing
the applicant's development intentions is through an amendment to the Ordinance which
would establish radio transmission antennas as conditional uses in the A-1 Zoning District.
Draft Amendment. Attached as Exhibit C is a draft Zoning Ordinance amendment which
would establish commercial and public radio and television transmitting and public utility
microwave antennas and necessary support structures as conditional uses in A-1 Zoning
Districts (as well as 1-1 Districts). Obviously, the approval of the Ordinance amendment
is necessary to accommodate the applicant's request to erect a 500 foot high radio
transmission antenna and support structure.
Aside from the conditions listed in the attached amendment, it should be noted that the
general antenna standards of Section 20-33-2 of the Ordinance also apply (attached as
Exhibit D). Section 20-33-2.1 of the referenced antenna standards stipulates that
provisions must be made for co -location. This possible co -location opportunity, grouped
with existing co -location opportunities in the area, should provide financial incentives for
future antennas to be located upon existing towers. The co -location issue will be
addressed further in a latter section of this report.
Conditional Use Permit. In consideration of conditional use permit requests, Section 20-
4-2.F of the Zoning Ordinance directs the Planning Commission and City Council to
consider the proposed conditional use. Their judgement shall be based upon, but not
limited to, the following factors:
The proposed action's consistency with the specific policies and provisions of the
official City Comprehensive Plan.
rlr
2. The proposed use's compatibility with present and future land uses of the area.
3. The proposed use's conformity with all performance standards contained herein
(i.e., parking, loading, noise, etc.).
4. The proposed use's effect upon the area in which it is proposed.
5. The proposed use's impact upon property values of the area in which it is proposed.
6. Traffic generation by the proposed use in relation to capabilities of streets serving
the property.
7. The proposed use's impact upon existing public services and facilities including
parks, schools, streets, and utilities, and its potential to overburden the City's
service capacity.
Precedent. Of specific issue in consideration of the requested amendment will be its
ramifications upon future radio and television transmitting antenna requests within
agricultural zoning districts and the precedent established. Obviously, it would be
desirable that future transmitting antenna construction be confined to the southwest area
of the City. While no absolute assurances exist that such antenna construction/erection
will be limited to this area of the City, the following should be noted:
1. The Zoning Ordinance mandates co -location attempts. The only antenna co -
location opportunities which exist in the City are located in the southwest area.
2. The City's conditional use permit criteria require a finding that the proposed use is
compatible with the area. There are no assurances that transmitting antenna
requests (i.e., ± 500 feet in height) within all agricultural zones will be judged to be
compatible with surrounding uses.
3. While the personal wireless service antenna industry is presently in a state of rapid
expansion, the same rate of expansion in the radio transmitting industry is highly
unlikely. According to the applicant, there have been three AM radio station towers
constructed and no FM radio transmission towers constructed in the Twin Cities
Metropolitan Service Area in the last ten years.
Co -Location. The area in which the antenna is proposed to be located is characterized
by a number of tower structures. Specifically, a 250 foot WDAY tower lies ± 400 feet to
the northeast of the subject site. A 100 foot U.S. West Cellular tower lies ± 600 feet to the
northeast and a 260 foot high UPA tower lies directly adjacent to the proposed
transmission tower (on the same parcel of land).
5
The City's antenna regulations have been specifically created to encourage co -location.
Co -location is considered preferable to new tower construction for obvious compatibility
reasons. Co -location also provides financial incentives to service providers via reduced
capital investment (than new tower construction).
While other antennas in the area do have co -location abilities, the following determinations
have been made by the applicant:
1. The adjacent 260 foot high UPA tower is structurally unable to accommodate loads
associated with radio transmitting antenna and does not provide the height
necessary for desired F -M radio broadcasting.
2. The proximate 100 foot U.S. West Cellular tower is not of sufficient height to
accommodate desired radio transmission.
3. A 500 foot tower height is desired for radio transmission.
Generally speaking, the proposed grouping of antennas (and support structures) in a
single location in the City is considered positive. Recognizing however that the proposed
antenna is significantly higher than existing antennas in the area (500 feet versus 260
feet), a determination must be made that the antenna support structure satisfies applicable
performance standards and is compatible with the area.
Performance Standards. In February of this year, the City amended the Zoning
Ordinance to establish specific standards for various antenna types including, but not
limited to, radio transmitting. This Ordinance amendment included numerous performance
related requirements which are considered applicable to the Milestone radio proposal.
These requirements are listed on attached Exhibit D and must be satisfied as conditions
of CUP approval.
Setbacks. According to Section 20-33-6.13 of the Ordinance, transmitting towers must be
located on a continuous parcel having a dimension equal to the height of the transmitting
tower, measured between the base of the tower located nearest a property line and said
property line, unless a qualified structural engineer specifies in writing that the collapse
of any antenna or tower will occur within a lesser distance under all foreseeable
circumstances.
According to the applicant, the proposed antenna is in fact collapsible, and complies with
the aforementioned requirement. As a condition of CUP approval, such tower feature must
be demonstrated to the satisfaction of the City Engineer.
C.
The Ordinance does not include specific setback requirements for guy wires. Thus, the
following principal building setbacks of the A-1 Zoning District are considered applicable
and must be satisfied:
Front Yard
35 feet
Side Yard
30 feet
Rear Yard
50 feet
Mechanical Building. In conjunction with the proposed tower erection, a six foot by six
foot utility structure has been proposed. As a condition of CUP approval, such structure
should be illustrated on the submitted site plan and satisfy applicable City building material
requirements.
Fencing. According to Section 20-51-5.1 of the Ordinance, a security fence not greater
than eight feet in height with a maximum opacity of 50 percent shall be provided around
the support structure and other equipment. To ensure security, it is also recommended
that the fence be not less than seven feet in height. Such fence erection will be made a
condition of CUP approval.
Planned Unit Development. According to Section 20-16-3.0 of the Zoning Ordinance,
not more than one principal building (structure) may be located upon a lot except via
planned unit development (PUD). Thus, the approval of a PUD conditional use permit is
necessary to accommodate the co -existence of a UPA and Milestone radio towers upon
a single lot of record.
Site Access. The subject site is to be accessed via an existing 10 foot wide ingress and
egress easement from Kadler Avenue. Issues relating to easement acceptability should
be subject to comment and recommendation by the City Engineer and City Attorney.
CONCLUSION
Should the City determine that commercial radio and television transmitting antennas are
an appropriate conditional use in A-1 Zoning Districts, our office would recommend
approval of the requested conditional use permit subject to the conditions listed in the
Executive Summary of this report.
PC: Mike Robertson
Elaine Beatty
Andy MacArthur
John Harwood
Dennis Carpenter
7
. .__.._.."SITE
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EXHIBIT B - DETAILED SITE LOCATI
DRAFT - DRAFT - DRAFT
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 97 -
AN ORDINANCE AMENDING SECTION 33 OF THE OTSEGO ZONING ORDINANCE TO
ESTABLISH COMMERCIAL AND PUBLIC RADIO AND TELEVISION TRANSMITTING
AND PUBLIC UTILITY MICROWAVE ANTENNAS AND NECESSARY SUPPORT
STRUCTURES AS CONDITIONAL USES IN A-1, AGRICULTURAL RURAL SERVICE
ZONING DISTRICTS.
THE CITY OF OTSEGO ORDAINS:
Section 1. Section 33-33-6 of the Otsego Zoning Ordinance (commercial and
public radio and television transmitting antennas and public radio antennas) is hereby
amended to read as follows:
20-33-6: COMMERCIAL AND PUBLIC RADIO AND TELEVISION TRANSMITTING
ANTENNAS AND PUBLIC UTILITY MICROWAVE ANTENNAS
Commercial and public radio and television transmitting and
>s�rUctres
I
with the
public utility microwave antennas o�td
comply
.:...:.........:......:...
following standards:
A. Such antenna shall be considered an allowed conditional use within the
`< CUM- 6C>f f;":j 'tt[ a nd I-1 Limited Industrial Districts of the City and
::::::::::::.........:::::
shall be subject to the regulations and requirements of Section 20-4 of this
Chapter.
B. The antennas, transmitting towers, or array of towers shall be located on a
continuous parcel having a dimension equal to the height of the antenna,
transmitting tower, or array of towers measured between the base of the
antenna or tower located nearest a property line and said property line,
unless a qualified structural engineer specifies in writing that the collapse of
any antenna or tower will occur within a lesser distance under all
foreseeable circumstances.
C. Unless the antenna is mounted on an existing structure, a fence not greater
than eight (8) feet in height with a maximum opacity of fifty (50) percent shall
be provided around the support structure and other equipment.
EXHIBIT C - ZONING ORDINANCE AMENDME'
Section 2. Section 20-51-5 of the Otsego Zoning Ordinance (A-1 District -
Conditional Uses) is hereby amended to add the following:
Section 3. This Ordinance shall become effective immediately upon its passage
and publication.
ADOPTED by the Otsego City Council this day of
CITY OF OTSEGO
M
ATTEST:
Larry Fournier, Mayor
Elaine Beatty, City Clerk/Zoning Administrator
2
1997.
SECTION 33 *
ANTENNAS
Section
20-33-1 Purpose
20-33-2 General Standards
20-33-3 Accessory and Secondary Use Antennas
20-33-4 Personal Wireless Service Antennas
20-33-5 Satellite Dishes
20-33-6 Commercial and Public Radio and Television Transmitting
Antennas, and Public Utility Microwave Antennas
20-33-1: PURPOSE: The purpose of this section is to establish
predicable, balanced regulations for the siting and screening
----- of wireless communications equipment in order to accommodate
the growth of wireless communicating systems within the City
of Otsego while protecting .the public against any adverse
impacts on the City's aesthetic resources and the public
welfare.
20-33-2: GENERAL STANDARDS: The following standards shall apply to all
personal wireless service, public utility, microwave, radio
and television broadcast transmitting, radio and television
receiving, satellite dish and short-wave radio transmitting
and receiving antenna.
A. All obsolete and unused antenna shall be removed within twelve
(12) months of cessation of operation at the site, unless an
exemption is granted by the Zoning Administrator.
B. All antenna shall be in compliance with all City building and
electrical code requirements and as applicable shall require
related permits.
C. Structural design, mounting and installation of the antenna
shall be in compliance with manufacturer's specifications and
shall be verified and approved by a registered professional
engineer.
D. Unless the antenna/antenna support structure and land is under
the same ownership, written authorization for antenna erection
shall be provided by the property owner.
E. No advertising message shall be affixed to the antenna
structure.
* Amended Ord. No. 97-4, 24 February 1997
169
EXHIBIT D - riFNERAL ANTENNA STANDARD
F. The height of the antenna shall be the minimum necessary to
function satisfactorily, as verified by an electrical engineer
or other appropriate professional.
G. Antennas shall not be artificially illuminated unless required
by law or by a governmental agency to protect the public's
health and safety.
H. When applicable, proposals to erect new antenna shall be
accompanied by any required federal, state, or local agency
licenses.
I. If a new antenna support structure is to be constructed, it
shall be designed so as to accommodate other users including
but not limited to other personal wireless service
communication companies, local police, fire and ambulance
companies.
J. Antenna support structures under two hundred (200) feet in
height shall be painted silver or have a galvanized finish to
reduce visual impact, unless otherwise required by federal
law.
K. Except as may be applicable in cases where a conditional use
permit is required, antennas and support structures for
federally licensed amateur radio stations and used in the
amateur radio service are exempt from sub -paragraphs C, F, and
I above, and must comply with Subd. L. below.
L. Amateur radio support structures (towers) must be installed in
accordance with the instructions furnished by the manufacturer
of that tower model. Because of the experimental nature of
the amateur radio service, antennas mounted on such a tower
may be modified or changed at any time so long as the
published allowable load on the tower is not exceeded and the
structure of the tower remains in accordance with the
manufacturers specifications.
20-33-3: ACCESSORY AND SECONDARY USE ANTENNAS: The following
standards shall apply to all accessory and secondary use
antennas including radio and television receiving antennas,
satellite dishes, TVROs three and one-half (3.5) meters or
less in diameter, short-wave radio dispatching antennas, or
those necessary for the operation of electronic equipment
including radio receivers, federally licensed amateur radio
stations and television receivers.
A. Accessory or secondary use antennas shall not be erected in
any required yard (except a rear yard) or within public or
private utility and drainage easements, and shall be set back
a minimum of five (5) feet from all lot lines.
170
11
EXHIBIT E - SITE PLAN
FROM : CITY OF OTSEGO
FROM : EHRESh" ENG I NEER I NG, I NC
EHRESMANN ENGI NEERI NG, INC.
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PHONE NO. : 612 441 4414 .
PHONE NO. : 6056659780 No-. 10 1997 09:16AM P02
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EXHIBIT F - SUPPORT STRUCTURE ELEVATION
[Code of Federal Regulations]
[Title 47, Volume 4, Parts 70 to 79]
[Revised as of October 1, 19961
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR731
[Page 76-144]
TITLE 47 --TELECOMMUNICATION
CHAPTER I --FEDERAL COMMUNICATIONS COMMISSION (Continued)
PART 73 --RADIO BROADCAST SERVICES --Table of Contents
Subpart B --FM Broadcast Stations
Sec. 73.201 Numerical designation of FM broadcast channels.
The FM broadcast band consists of that portion of the radio
frequency spectrum between 88 MHz and 108 MHz. It is divided into 100
channels of 200 kHz each. For convenience, the frequencies available for
FM broadcasting (including those assigned to noncommercial educational
broadcasting) are given numerical designations which are shown in the
table below:
------------------------------------------------------------------------
Channel
------------------------------------------------------------------------
Frequency (Mc/s)
No.
88.1
........................................................
201
88.3
........................................................
202
88.5
........................................................
203
88.7
........................................................
204
88.9
........................................................
205
89.1
........................................................
206
89.3
........................................................
207
89.5
........................................................
208
89.7
........................................................
209
89.9
........................................................
210
90.1
........................................................
211
90.3
........................................................
212
90.5
........................................................
213
90.7
........................................................
214
90.9
........................................................
215
91.1
........................................................
216
91.3
........................................................
217
91.5
........................................................
218
91.7
........................................................
219
91.9
........................................................
220
92.1
........................................................
221
92.3
........................................................
222
92.5
........................................................
223
92.7
........................................................
224
92.9
........................................................
225
93.1
........................................................
226
93.3
........................................................
227
93.5
........................................................
228
93.7
........................................................
229
93.9
........................................................
230
94.1
........................................................
231
,J -)C K 73
(iv) If this distance is greater than 72 km and less than or equal
to 92 km, the station is Class C.
(4) For a station in Puerto Rico or the Virgin Islands:
(i) If this distance is less than or equal to 42 km, the station is
Class A.
(ii) If this distance is greater than 42 km and less than or equal
to 46 km, the station is Class Bl.
(iii) If this distance is greater then 46 km and less than or equal
to 78 km, the station is Class B.
[52 FR 37788, Oct. 9, 1987; 52 FR 39920, Oct. 26, 1987, as amended at 54
FR 16367, Apr. 24, 1989; 54 FR 19374, May 5, 1989; 54 FR 35339, Aug. 25,
1989]
Sec. 73.211 Power and antenna height requirements.
(a) Minimum requirements. (1) Except as provided in paragraphs
(a)(3) and (b)(2) of this section, FM stations must operate with a
minimum effective radiated power (ERP) as follows:
(i) The minimum ERP for Class A stations is 0.1 kW.
(ii) The ERP for Class B1 stations must exceed 6 kW.
(iii) The- ERP for Class & stations must exceed 25- kW.
-� (iv) The ERP for Class C3 stations must exceed 6 kW.
(v) The ERP for Class C2 stations must exceed 25 kW.
(vi) The ERP for Class Cl stations must exceed 50 kW.
(vii) The minimum ERRfor Class C stations is 104 kW.
(2) Class C stations must have an antenna height above average
terrain (HAAT) of at least 300 meters (9R4 feet). No minimum HAAT is
specified for Classes A, Bl, B, C3, C2, or Cl stations.
(3) Stations of any class except Class- A may have an ERP less than
that specified in paragraph (a)(1) of this section, provided that the
reference distance, determined in accordance with paragraph (b)(1)(i} of
this section, exceeds the distance to the class contour for the next
lower class. Class A stations may have- an ERP less than 100 watts
provided that the reference distance, determined in accordance with
paragraph (b)(1)(i) of this section, equals- or exceeds 6 kilometers.
(b) Maximum limits. (1) Except for stations located in Puerto Rico
or the Virgin Islands, the maximum ERP in any direction, reference HAAT,
and distance to the class contour for each FM station class are listed
below: L
------------------------------------------------------------------------
Class
Reference
contour
Station class
Maximum ERP
HAAT in
distance
meters
in
(ft.)
kilometers
------------------------------------------------------------------------
A..................
6kW (7.8
dBk).............
100 (328)
28
B1 .................
25kW
(14.0 dBk)...........
100 (328)
39
B ..................
50kW
(17.0 dBk)...........
150 (492)
52
-� C3 .................
25kW
(14.0 dBk)...........
100 (328)
39
--� C2 .................
50kW
(17.0 dBk)...........
150 (492)
52
C1 .................
100kW
(20.0 dBk)..........
299 (981)
72
C ..................
------------------------------------------------------------------------
100kW
(20.0 dBk)..........
600 (1968)
92
(i) The reference distance of a station is obtained by finding the
predicted distance to the lmV/m contour using
[[Page 11811
Figure 1 of Sec. 73.333 and then rounding to the nearest kilometer.
Antenna HAAT is determined using the procedure in Sec. 73.313. If the
HAAT so determined is less than 30 meters (100 feet), a HAAT of 30
meters must be used when finding the predicted distance to the 1 mV/m
contour.
(ii) If a station's ERP is equal to the maximum for its class, its
antenna HAAT must not exceed the reference HAAT, regardless of the
reference distance. For example, a Class A station operating with 6 kW
ERP may have an antenna HAAT of 100 meters, but not 101 meters, even
though the reference distance is 28 km in both cases.
(iii) Except as provided in paragraph (b)(3) of this section, no
station will be authorized in Zone I or I -A with an ERP equal to 50 kW
and a HAAT exceeding 150 meters. No station will be authorized in Zone
II with an ERP equal to 100- kW and a HAAT exceeding 60G meters.
(2) If a station has an antenna HAAT greater than the reference HAAT
for its class, its ERP must be lower than the class maximum such that
the reference distance does not exceed the class contour distance. If
the antenna HAAT is so great that the station's ERP must be lower than
the minimum ERP for its class (specified in paragraphs (a)(1) and (a)(3)
of this section), that lower ERP will become the minimum for that
station.
(3) For stations located in Puerto Rico ar the Virgin Islands, the
maximum ERP in any direction, reference HAAT, and distance to the class
contour for each FM station class are listed below:
------------------------------------------------------------------------
Class
Reference contour
Station class Maximum ERP HAAT in distance
meters in
(±t,) kilometers
------------------------------------------------------------------------
A.................. 6kW (7.8 dBk)............. 240 (787) 42
B1 ................. 25kW (14.0 dBk)........... 150 (492) 46
B .................. 50kW (17.0 dBk)........... 472 (1549) 78
------------------------------------------------------------------------
(c) Existing stations. Stations authorized prior to March 1, 1984
that do not conform to the requirements of this section may continue to
operate as authorized. Stations operating with facilities in excess of
those specified in paragraph (b) of this section may not increase their
effective radiated powers or extend their 1 mV/m field strength contour
beyond the location permitted by their present authorizations. The
provisions of this section will not apply to applications to increase
facilities for those stations operating with less than the minimum power
specified in paragraph (a) of this section.
[53 FR 17042, May 13, 1988, as amended at 54 FR 16367, Apr. 24, 1989; 54
FR 19374, May 5, 1989; .54 FR 35339, Aug. 25, 19891
Sec. 73.212 Administrative changes in authorizations.
(a) In the issuance of FM broadcast station authorizations, the
Commission will specify the transmitter output power and effective
radiated power in accordance with the following tabulation:
------------------------------------------------------------------------
Rounded
out to
nearest
Power (watts or M figure
(watts or
M
------------------------------------------------------------------------
1 to 3 ...................................................... .05
3 to 10 ..................................................... .1
10 to 30 .................................................... .5
30 to 100 ................................................... 1
100 to 300 .................................................. 5
300 to 1,000 ................................................ 10
------------------------------------------------------------------------
(b) Antenna heights above average terrain will be rounded out to the
nearest meter.
[28 FR 13623, Dec. 14, 1963, as amended at 48 FR 29506, June 27, 19831
Sec. 73.213 Grandfathered short -spaced stations.
(a) Stations at locations authorized prior to November 16-, 1964 that
did not meet the separation distances required by Sec. 73.207 and have
remained short -spaced since that time may be modified or relocated
provided that the predicted distance to the 1 mV/m field strength
contour is not extended toward the 1 mV/m field strength contour of any
short -spaced station. Mutual increase in the facilities of such stations
up to the limits set forth in Sec. 73.211 may be permitted pursuant to
an agreement between the affected stations and a showing of public
interest. See Sec. 73-.4235.
(b) Stations at locations authorized prior to May 17, 1989, that did
not meet the IF separation distances required by
[[Page 11911
Sec. 73.207 and have remained short -spaced since -that time may be
modified or relocated provided that the overlap area of the two
stations` 36 mV/m field strength contours is not increased.
(c) Short spacings involving at least one Class A allotment or
authorization. Stations that became short spaced on or after November
16, 1964 (including stations that do not meet the minimum distance
separation requirements of paragraph (c)(1) of this section and that
propose to maintain or increase their existing distance separations) may
be modified or relocated in accordance with paragraph (c)(1) or (c}(2)
of this section_, except that this provision does not apply to stations
that became short spaced by grant of applications filed after October 1,
1989, or filed pursuant to Sec. 73.215. If the reference coordinates of
an allotment are short spaced to an authorized facility or another
allotment (as a result of the revision of Sec. 73.207 in the Second
Report and Order in MM Docket No. 88-375), an application for the
allotment may be authorized, and subsequently modified after grant, in
accordance with paragraph (c)(1) or (c)(2) of this section only with
respect to such short spacing. No other stations will be authorized
pursuant to these paragraphs.
(1) Applications for authorization under requirements equivalent to
those of prior rules. Each application for authority to operate a Class
A station with no more than 3000 watts ERP and 100 meters antenna HAAT
(or equivalent lower ERP and higher antenna HAAT based on a class
contour distance of 24 km) must specify a transmitter site that meets
the minimum distance separation requirements in this paragraph. Each
CITY OF OTSEGO
ULJ'l' r VK LIUU1rl.1L A1.11"114
AGENDA SECTION: DEPARTMENT. MEETING DATE
6. BOB KIRMIS, ASST. CITY PLANNER: December 8,1997 6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPAKEIL isx : Ea,cc
f Consider _ Applicant Michael W Emberton, Allied Mortgage of Brooklyn Center, Inc., 19230
Evans St. Elk River, MN for owners Donald and Phyllis Greninger, 9383 Kadler Ave. NE, Monticello,
MN. PID #118-800-142402, all of the property located East of Kadler Ave NE and N and S of Co. Rd.
#39 (95TH ST NE) abutting Island View Estates to N, 186.63 approximate acres with any and all
exceptions, and PID #118-800-232101, 96.80 approx. acres E of Kadler Ave NE with any and all
exceptions. The total acres of the two parcels is approximately 283.43 acres. Request is as follows:
a. A Comprehensive Plan Amendment as follows:
1. Change suggested land use of the area S. of Co. Rd. #39 to
single family.
2. Change the whole site to Immediate Urban Service Area.
b. Rezone the property from A-1 (Gen. Ag. to R-4 Residential
Urban Single Family)
BACKGROUND:
The above item came to the Planning Commission for Hearing on
November 19, 1997. Bob Kirmis gave the Planners Report and
explanation. Mike Emberton explained his request and discussion was
had on the issues. (See attached minutes/Findings for Denial). The P.
C. Motion/recommendation is as follows:
RICHARD NICHOLS MOTIONED TO DENY THE AMENDMENT TO THE COMPREHENSIVE
PLAN TO CHANGE LAND USE DESIGNATION FROM AGRICULTURAL TO LOW DENSITY
RESIDENTIAL. SECONDED BY ARLEEN NAGEL. VOTING IN SUPPORT OF THE
MOTION, RICHARD NICHOLS, ARLEEN NAGEL, CARL SWENSON, EUGENE GOENNER,
BRUCE RASK, AND ING ROSKAFT. JIM KOLLES OPPOSED THE MOTION TO DENY.
MOTION CARRIED 6 TO 1. (REQUEST DENIED)
RECOMMENDATION:
This is a Council decision. Staff recommendation is to Deny as per P.
C. Recommendation.
Thanks
Elaine
William S. Radzwiu
Andrew J. MacArthur
Michael C. Couri
Megan M. McDonald
December 3, 1997
City Council Members
City of Otsego
8899 Nashua Avenue NE
Elk River, MN 55103
RE: Greninger Application
Dear Council Members:
RADZWILL & COURI
Attorneys at Law
705 Central Avenue Fast
PO Boz 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
I have reviewed the Planing Commission minutes of the public hearing on the Greninger
application for Comprehensive Plan Amendment and rezoning, as well as NAC's report
and proposed Findings. The applicant has the burden of proving his case and providing
an adequate basis for the City to approve his requests. The record I reviewed clearly does
not support the granting of the Comprehensive Plan Amendment sought and
consequently there is no basis for approval of rezoning.
In order to provide the applicant with notice of the City staff's concerns about whether or
not the application was premature, specifically due to the issue of delivery of public
services, a letter was sent to the applicant on October 31, 1997, prior to the Planning
Commission Hearing. This notified the applicant of the City staff concerns. This letter
provided ample notice that evidence related to delivery of services would be
advantageous to the applicant's case for Comprehensive Plan Amendment. Further, the
applicant was aware of the City's current efforts to construct a wastewater treatment
facility and the City's current revision of the Comprehensive Plan, as well as basic
planning concerns and establishment of poor precedent.
The public hearing in this matter has been closed. It would be my recommendation that
while the applicant may be allowed to comment on the proceedings and the Planning
Commission recommendations, that such comment be limited to evidence presented at
the Planning Commission hearing. New evidence should not be reviewed in these
Letter to Otsego City Council
December 3, 1997
Page 2
proceedings unless there is some compelling reason such as the evidence was not
available at the time of the Planning Commission hearing.
Additional proposals are not new evidence, and are irrelevant to what is now before the
Council. The Council should not negotiate these matters at a public meeting, but should
proceed to act upon the matter in front of the Council.
I still feel that consideration of the issues raised by this application are more
appropriately addressed in the process of revising the Comprehensive Plan.
VeryTJ.Arth
DOURI
Cc: Mike Emberton
Bob Kirmis, NAC
John Harwood, Hakanson Anderson
Mike Robertson, City Administrator
CITY OF OTSEGO
PLANNING COMMISSION MEETING
NOVEMBER 19, 1997 - 8 PM
OTSEGO CITY HALL
1 h it _ rl Cwenson will r211 meeting to order:
Chair Swenson called the Planning Commission Meeting to order at 8:00 PM.
Roll ll:
Present: Chair; Carl Swenson, Commission Members; Bruce Rask, Ing Roskaft,
Eugene Goenner, Jim Kolles, Arleen Nagel, and Richard Nichols.
Staff. Bob Kirmis, City Planner; Elaine Beatty, City Clerk/Zoning Adm.;
Carol Olson, Secretary
Council Representative: Vern Heidner
Mayor; Larry Fournier, Council Members; Mark Berning and Suzanne Ackerman.
2. Congideration of the Planning Commission Minutes of November 5, 1997.
ING ROSKAFT MOTIONED TO APPROVE THE PLANNING COMMISSION MINUTES OF
NOVEMBER 5, 1997. SECONDED BY BRUCE RASK. ALL IN FAVOR. MOTION CARRIED.
Chair Swenson went over the applicant's request.
Elaine Beatty noted that the proper publishing, posting and mailings have been done.
Chair Swenson noted the proper hearing procedures.
Bob Kirmis - Mr. Michael Emberton, Allied Mortgage of Brooklyn Center Inc. has
requested rezoning of approximately 283 acres located north and south of Co. Rd.#39
between Kahler and Kadler Avenue. The applicant wishes to rezone the property from
PLANNING COMMISSION MEETING of November 19, 1997 cont'd Page 2
A-1, Agricultural Rural Service to R-4, Residential -Urban Single Family. The application
of the R-4 District designation is necessary to accommodate sewered lots of f 16,000
square feet. The present application differs from a previous development proposal in that
prior submissions involved on-site private sewage systems on one acre lots. This proposal
involves a private package sewage treatment plant which would allow urban densities. To
accommodate this request a Comprehensive Plan Amendment is necessary to change from
A-1, Agricultural Rural Service to a low density residential R-4, Urban Family District.
The applicant is seeking the City's position regarding the acceptability of the proposed
land use. If the Comprehensive Plan Amendment is approved a formal subdivision request
should follow. Based on the City's current Comprehensive Plan policies and plans, the
development is untimely and would set an undesirable precedent. Staff has recommended
that the applicant demonstrate the feasibility of providing a private "package" sewage
treatment plant in this area of the City prior to formal City consideration of the rezoning
request. Should the City find that the proposed low density residential use of the property
is appropriate, NAC would recommend approval of the Comprehensive Plan amendment
and rezoning request contingent upon MPCA approval of the proposed package treatment
system. This property has been previously exempted from the moratorium by the City
Council. Regarding the ramifications of the package treatment plant, the previous
proposal was for approximately 210 lots. This proposal would be for approximately 580
lots. NAC does not feel justification exists to approve the amendment request. The
development is believed to be premature. We are also concerned with the competition
that would be created with urban sewered lots within the proposed sanitary sewer service
district. Should the Planning Commission approve this request we recommend it be
subject to MPCA approval. A letter to Mr. Emberton dated October 31, 1997 refers to
preliminary staff meetings with the applicant. The applicant was to provide the city with
an indication of MPCA acceptability of the project.
The applicants engineer responded with a letter dated November 19, 1997, indicating that
the MPCA would review an application for a package sewage treatment plant on site.
Mike Emberton, Developer - We intend to provide a package system. We have had
Allied Mortgage discussions with the MPCA and they have indicated that
they would approve the project. We would contribute our
system to the city at that point we capture the cost of
construction. I know where your concentration is for
your plant and do not believe this will affect that.
We intend to work with the City and are anxious to
bring in the revenues this project will create.
Chair Swenson opened the Hearing to the public.
John Simola Lives a few hundred feet west of the proposed project.
9843 92nd St. NE Concerned with the density of this proposal and cautioned
the
PLANNING COMMISSION MEETING of November 19, 1997 cont'd Page 3
Planning Commission on moving forward with this proposal
without knowing exactly what the project will look like. He
has worked with the MPCA to obtain a wastewater
discharge permit for the city of Monticello, and single point
discharge, if the city gives it up, they may not be able to get
one in the future. Cautioned again the Planning
Commission not to inherit something that becomes a
nightmare.
Chair Swenson brought the discussion back to the Planning Commission.
Bruce Rask asked if discharge would be into the Mississippi River.
Mike Emberton - The discharge location, size, capacity etc. will be determined by MPCA.
We would meet their requests.
Bruce Rask - The State said no more discharging to the Mississippi River. Would the city
consider turning down this request and go for this discharge permit and more centrally
locate it's proposed plant?
Vern Heidner - In the case of the City's plant, we've been told it would be very difficult
since the City can aquire land in the area to discharge into the Crow River. The applicant
would possibly have a better change getting the Mississippi River discharge permit.
Mike Emberton - We want to build a nice project and are not interested in sewer and
water in and of itself. A central plant would be super.
Bruce Rask - If approved, and at the time the City takes over, all responsibilities and
standards must be met. Requested a performance and guarantee bond for ten years of
operation to cover all labor, maintenance, and all water treatment chemicals.
Mike Emberton - We anticipate that there will be a bond prior to the project.
I want to make it clear that we were not building this project to solve all or any of the
problems that may exist. We will generate a project, and hook up to city system, if the
city wants. We don't want to own a sewer system, but are willing to do so to make the
project right.
Chair Swenson went back to the public and asked if anyone wished to be heard.
PLANNING COMMISSION MINUTES of November 19,1997 cont'd Page 4
Lori Hoffman I am Just shocked at the extent of what these people
9929 Kadler Ave NE are thinking with the 580 homes for this area where
there are so few homes. I would be very Concerned
with traffic and types of situations that would have
to occur. County road 39, is two lane highway,
Kadler Avenue on the south side is a dirt road and a
paved two lane road on the north side. I just can't
imagine how this type of a development would fit
into that area without causing major disruption to
the properties and the people that already live
in that area. I am very concerned about that. The
quality of life issues regarding noise, crime, there
would certainly be costs connected to this huge
project (services and schools).
Chair Swenson closed the hearing to the public.
Eugene Goenner would like more information from the MPGA regarding the single point
discharge, which could limit the City's discharge possibilities. The MPCA will look at
anything, but that does not indicate approval. Also concerned with the leap -frog effect
and setting a precedent. Using the current Comp. Plan it is not feasible.
Jim Kolles - I agree with most of the comments, but Mr. Greninger has an opportunity to
sell his property and get out of the agricultural business.
Carl Swenson- I also have mixed feelings, but this week we are looking at the
Comprehensive Plan, so I find it difficult to recommend a change to the current Comp.
Plan prior to upgrading the plan. Also agreed that the application is premature.
Bruce Rask - The MPCA criteria needs to be met before rezoning. I would like to see Mr.
Greninger sell, but the Planning Commission has to make its decision based on what is
best for the City. And would look more favorably on the project if the City wasn't
working on sewer and water now. He can develop under the current zoning for what is
allowed in that area.
Richard Nichols - Questioned the applicant if a package plant the recommended size
would be financially feasible for the project.
Mike Emberton - Yes; Your planner, your Engineer and my Engineer all agree and
recommend it. Make the Comp. Plan change, make all the changes contingent on the
MPCA or sewer service to the site, but don't deny the project based on the hypothetical
that we can't get approval. The question before the Planning Commission is is this
appropriate use of the land at this time. Mrs. Sinden, of MPCA expressed they would
provide approval on this project, just as on the Perlich project.
PLANNING COMMISSION MEETING of November 19, 1997 cont'dPage 5
We have to have a minimum number of housing units to do our own plant. If we can
connect to the City's, we will be glad to do that. We know it must get MPCA approval to
work.
Richard Nichols - Whether or not a MPCA permit is granted is not the real concern. The
real concern is the timeliness of the project. Are we going let the projects determine the
Comprehensive Plan or are we going to do the Comp. Plan first. This was premature
before and it is premature now.
Arleen Nagel - This is premature because of the density in that agricultural area and
agreed that the Comp. Plan needed to be done first.
Ing Roskaft - I would like to see an environmental assessment worksheet (EAW). This
should have been submitted before.
RICHARD NICHOLS MOTIONED TO DENY THE AMENDMENT TO THE
COMPREHENSIVE PLAN TO CHANGE LAND USE DESIGNATION FROM AGRICULTURAL
TO LOW DENSITY RESIDENTIAL. SECONDED BY ARLEEN NAGEL. VOTING IN
SUPPORT OF THE MOTION, RICHARD NICHOLS, ARLEEN NAGEL, CARL SWENSON,
EUGENE GOENNER, BRUCE RASK, AND ING ROSKAFT. JIM KOLLES OPPOSED THE
MOTION TO DENY. MOTION CARRIED 6 TO 1.
This will be on City Council agenda December 8, 1997, at 6:30 PM.
Chair Swenson went over the applicants request.
Elaine Beatty -noted that the proper publishing, posting and mailings have been made.
Bob Kirmis - Darkenwald's Riverbend Company has requested approval of a conditional
use permit to allow the reconstruction of a pole building which housed the park's
treatment plant. The structure is located south of Co. Rd. 42 and east of Hwy 101. The
applicants wish to replace a 120 foot by 14 foot pole structure. According to the Zoning
Ordinance, pole buildings are not allowed within the City except in association with
farming operations or in highly unique special cases by CUP. Should the City officials
determine the request to be a unique or special case NAC recommends approval of the
requested CUP with the three conditions listed in the report dated Novemberl0, 1997.
PLANNING COMMISSION MEETING of November 19,1997 cont'd Page 6
Findings which make this unique is the sewage treatment facility is a unique use and not
intended for occupancy. Also the plant may be considered interim in nature which may be
subject to expansion with further financial investment in a building making the use of
higher quality building materials impractical at this time. The plant manufacturer has
supplied documentation indicating that for the plant's aeration process a building without a
poured foundation (pole type construction) is better for the plant operation. In contrast,
this is a permanent structure with value. Allowing the building type flexibility would grant
a privilege not granted to other properties in the City and the purpose of the City's non-
conforming use provision is to achieve compliance with current development standards.
There are reasons both to approve or deny request, if approved NAC recommends
approval subject to two conditions listed in the report which he read.
George Yankoupe - The building was blown down in the July one storm and was a part of
the initial system approved by MPCA and intention is to conform with all
recommendations.
Chair Swenson opened Hearing to the public. No one wished to be heard. Brought
discussion back to the Planning Commission.
Eugene Goenner - Commented that this is not unique, would it be possible to use pole
foundation with lap siding. It was in the paper after the storm that pole buildings that went
down in the storm could not be reconstructed. Where do we draw the line on these type
of structures.
Richard Nichols- I have been in the old building and found it unique. Specific materials
designed for that type of structure have to be used. We need to look at these on a case by
case bases. This is unique because of what it covers.
ING ROSKAFT MOTIONED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE
PERMIT SUBJECT TO CONDITIONS OF NAC'S REPORT. SECONDED BY RICHARD
NICHOLS. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY.
This will be on the City Council Agenda of November 24, 1997 at 6:30 PM.
5. Review the Planning Commission By -Laws and Ethics Ordinance and
recommend any changes:
Eugene Goenner - Questioned number 2 of the work rules and whether that should read
February instead of January.
Carl Swenson explained that the change was made so new members could vote.
Richard Nichols recommended having all the commissions be the same.
Vern Heidner - The City Council said all terms run from February first to February first.
This was modified last year.
Eugene Goenner recommended leaving it as January.
PLANNING COMMISSION MEETING of November 19, 1997 cont'dPage 7
Chair Swenson recommended items 17 and 18 be deleted.
Vern Heidner -I don't believe item number 18 deals with the Code of Ethics. As I recall
the Planning Commission implemented it, not because of an ethical problem, but because
people may try to give you information that wouldn't be part of the official record. They
should come to the meeting so everyone can hear concerns and respond to their concerns.
Eugene Goenner recommended that number 19 be replaced with Ordinance 97-13, Code
of Ethics.
RICHARD NICHOLS MOTIONED TO DIRECT STAFF TO PREPARE A FINAL DRAFT OF
THE PLANNING COMMISSION BY-LAWS BY TAKING THE SUBMITTED DOCUMENT
DATED JULY 1995 AND DELE'T'E ITEMS 17,18 AND 19. SECONDED BY ING ROSKAFT.
Richard Nichols suggested making number 17 an attachment to the ordinance and not a
number so the City Council can change the ordinance without our having to change the
By -Laws.
RICHARD NICHOLS WITHDREW THE ORIGINAL MOTION.
Eugene Goenner - Number 19 would be Ord.97-13, see attached. Number 20 is also
including 97-13, attached.
Bob Kirmis- If the idea is not to have to go back an amend it, it would be appropriate
reference 97-13 as amended. That way if a change is made it is automatically included.
RICHARD NICHOLS TO DIRECT STAFF TO REVISE THE JULY 1995 PLANNING
COMMISSION BY-LAWS BY DELETING THE CURRENT NUMBER 17, 18, AND 19,
RENUMBERING 20, AND 21, AS NEW 17, AND 18 AND ADD A NEW 19, TO STATE
ATTACHMENT ORDINANCE 97-13, CODE OF ETHICS, AS AMENDED. SECONDED BY
EUGENE GOENNER. ALL IN FAVOR. MOTION CARRIED. (Ing Roskaft was not present).
6 Any other Planning Commission Bnsinesse
7. Adjourn:
ING ROSKAFT MOTIONED TO ADJOURN. BRUCE RASK SECONDED THE MOTION. ALL
IN FAVOR. MOTION CARRIED UNANIMOUSLY.
Jim Kolles, Secretary
Recorded by: Carol Olson
eo:PC I I I v7/.%TS
N
INC
MEMORANDUM
TO:
FROM:
DATE: -
RE:
FILE NO:
NORTHWEST ASSOCIATED CONSULTANTS
COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
Otsego Mayor and City Council
Bob Kirmis
3 December 1997
Otsego - Greninger Findings of Fact
176.02 - 97.20
Attached please find a Comprehensive Plan amendment resolution and findings of fact
relating to the Greninger request.
Please note that the resolution and findings rgflect the recommendation of the Planning
Commission.
This item is scheduled for City Council consideration on 8 December.
PC: Mike Robertson
Elaine Beatty
Andrew MacArthur
John Harwood
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6
PHONE 6 1 2-595-9636 FAX 6 1 2-595-9637
COMPREHENSIVE PLAN
AMENDMENT DENIAL
CITY OF OTSEGO
COUNTY OF WRIGHT
RESOLUTION 97 -
RESOLUTION DENYING AN AMENDMENT TO THE OTSEGO COMPREHENSIVE PLAN
TO: 1) CHANGE THE SUGGESTED LAND USE OF A PORTION OF THE LAND
LEGALLY DESCRIBED ON ATTACHED EXHIBIT A FROM AGRICULTURAL TO LOW
DENSITY RESIDENTIAL; AND 2) EXPAND THE IMMEDIATE URBAN SERVICE AREA
BOUNDARIES TO INCLUDE ALL OF THE PROPERTY LEGALLY DESCRIBED ON
ATTACHED EXHIBIT A.
WHEREAS, Mr. Michael Emberton on behalf of Allied Mortgage of Brooklyn Center,
Inc. has submitted a request to rezone the property legally described on attached Exhibit
A from A-1, Agricultural Rural Service to R-4, Residential Urban -Single Family; and
WHEREAS, that portion of the subject property lying south of County Road 39 is
presently guided for agricultural use by the Comprehensive Plan; and
WHEREAS, the proposed low density residential land use south of County Road
39 is not consistent with the agricultural use guided by the Comprehensive Plan; and
WHEREAS, an amendment to the Land Use Plan is necessary to justify the
rezoning action; and
WHEREAS, the entire subject property currently lies within the City's long range
urban service area; and
WHEREAS, inclusion of the subject property within the immediate urban service
area is also necessary to justify approval of the requested rezoning action; and
WHEREAS, the Planning Commission has considered the amendment and has
recommended that the City Council deny the applicant's amendment request; and
WHEREAS, the requested land use plan change and inclusion of the subject
property within the immediate urban service area is, at this time, considered premature for
the following reasons:
The allowance of sewered low density residential development in this area of the
City is inconsistent with the provisions of the Comprehensive Plan.
2. No evidence has been presented which demonstrates that either public or private
sanitary sewer service can be provided to the subject property.
3. Development of low density residential uses upon the subject property will result in
an inefficient delivery of public services.
4. The proposed use will encroach into an agricultural area of the City. Such
encroachment is specifically discouraged by the City's Comprehensive Plan.
NOW THEREFORE, THE CITY OF OTSEGO RESOLVED that the recommendation
of Comprehensive Plan amendment denial by the Otsego Planning Commission is hereby
adopted in its entirety along with the Northwest Associated Consultants staff report dated
10 November 1997.
Passed this day of 1997
0
CITY OF OTSEGO
Larry Fournier, Mayor
Elaine Beatty, City Clerk/Zoning Administrator
iA
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
IN RE:
REZONING
DENIAL
FINDINGS OF FACT
AND DECISION
Application of Mr. Michael Emberton on behalf of Allied Mortgage of Brooklyn Center to
rezone the following described land from an A-1, Agricultural Rural Service Area Zoning
District designation to an R-4, Residential Urban Single Family zoning designation.
The subject property is legally described as:
See Attached Exhibit A
On 8 December 1997, the Otsego City Council met at its regularly scheduled meeting to
consider the application of Allied Mortgage of Brooklyn Center to rezone the above
described land from an A-1, Agricultural Rural Service Area Zoning District to an R-4,
Residential Urban Single Family zoning designation. Based on the application, the
recommendation of the Planning Commission, and the evidence received, the City Council
now makes the following findings of fact and decision.
FINDINGS OF FACT
The applicant is requesting a rezoning of the following described property from A-1,
Agricultural Rural Service to R-4, Residential Urban Single Family zoning
designation.
The subject property is legally described s:
See Attached Exhibit A
2. In conjunction with the requested rezoning, the applicants have also requested an
amendment to the City's Comprehensive Plan to change the suggested land use
of that portion of the subject site lying south of County Road 39 from agricultural to
low density residential and to include the entire subject property in the immediate
urban service area.
3. Consistency with the land use plan and containment of the subject property within
the immediate urban service area is necessary to justify the requested rezoning
action.
4. Section 20-3-2.F of the Zoning Ordinance directs the Planning Commission and
City Council to consider seven possible adverse effects of the proposed conditional
use. The seven effects and findings regarding them are:
a. The proposed action's consistency with the specific policies and
provisions of the official City Comprehensive Plan.
The proposed rezoning is not consistent with the City's Land Use Plan which
suggests agricultural use of that portion of the subject property which lies
south of County Road 39.
The following established comprehensive plan policies further discourage
the proposed use:
• Residential development especially within the rural and long range
urban service areas of the City needs to be aware of impacts
resulting from agricultural uses which exist and will continue to
operate in such locations. Unless public health or some other such
issues are found to exist, agricultural activities will not be curtailed
due to negative impacts upon residential development.
• Protect and preserve prime agricultural lands and the economic
viability of farming operations.
• Permit growth on a phased basis providing for a logical extension of
urban growth and related community services.
• Boundary limits for urban expansion shall be clearly delineated and
non -farming type uses shall be prohibited from encroaching into
agricultural areas.
• All development proposals shall be analyzed on an individual basis
from a physical, economic and social standpoint to determine the
most appropriate uses within the context of the community as a
whole.
• Land use development shall be related to and reflect transportation
needs, desired development and community priorities.
1►.
Encourage continued but orderly growth in Otsego.
The spread of small scale, non-farm subdivisions in agricultural areas
shall be prohibited.
b. The proposed use's compatibility with present and future land uses of
the area.
That portion of the proposed use lying north of County Road 39 is
compatible with the Island View Estates single family residential subdivision
which borders the subject property on the north and consistent with the land
use plan. The portion of the development lying south of County Road 39 is
not, however, compatible with agricultural uses which exist in the area.
C. The proposed use conforms with all performance standards contained
herein (i.e., parking, loading, noise, etc.).
As a condition of subdivision approval and building permit issuance, the
proposed use shall be required to meet applicable performance standards
of the Zoning Ordinance.
d. The proposed use's effect on the area in which it is proposed.
The proposed rezoning and low density residential use may adversely affect
neighboring agricultural uses in the area.
e. The proposed use's impact upon the property values of the area in
which it is proposed.
While no detailed study has been conducted, similar situations indicate that
the proposed rezoning will not adversely affect property values in the subject
area.
f. Traffic generated by the proposed use in relation to capabilities of
streets serving the property.
Until an actual development plan is submitted, it is unknown whether traffic
generated from the rezoning will be within the capabilities of County Road
39 which serves the property.
g. The proposed use's impact upon existing public services and facilities
including parks, schools, streets and utilities, and its potential to
overburden the City's service capacity.
3
No evidence has been presented which demonstrates that either public or
private sanitary sewer service can be provided to the subject property.
5. The planning report dated 10 November 1997, prepared by Northwest Associated
Consultants, Inc., is incorporated herein.
6. On 19 November 1997, the Otsego Planning Commission conducted a public
hearing to consider the proposed conditional use permit application preceded by
published and mailed notice. Upon review of the conditional use permit application
and evidence received, the Otsego Planning Commission closed the public hearing
and recommended that the City Council deny the rezoning based on the
aforementioned findings.
DECISION
Based on the foregoing considerations and applicable ordinances, the applicants' request
to rezone the property legally described in attached Exhibit A from A-1, Agricultural Rural
Service Area Zoning District designation to an R-4, Residential Urban Single Family
zoning designation is denied in its present form.
ADOPTED by the Otsego City Council this day of 1997.
CITY OF OTSEGO
Larry Fournier, Mayor
ATTEST:
Elaine Beatty, City Clerk/Zoning Administrator
0
CITY OF OTSEGO
UEST r UK UUUNUIL AL 11UN
11 AGENDA SECTION: DEPARTMENT: MEETING DATE
7. ANDY MAC ARTHUR, CITY ATTORNEY December 8,1997 - 6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC
7.1. Discussion/approval of contract Re: Plans and specs. for
wastewater treatment facilities with Bonestroo.
BACKGROUND:
This was on the 11/24/97 Council Agenda and the Council asked Andy to
work out the contract with Bonestroo. Andy is in Rochester today
until 5PM or so, will try to be here as soon as possible. Mike
Robertson has been working on this contract negotiation with Bonestroo
and Andy. He can explain what has been done and where they are with
same. (See attached information)
RECOMMENDATION:
This is for Council Decision/Approval.
Thanks,
Elaine
William S. Radzwill
Andrew J. MacArthur
Michael C. Couri
Megan M. McDonald
December 3, 1997
City Council Members
City of Otsego
8899 Nashua Avenue NE
Elk River, MN 55103
RE: Bonestroo Contract
Dear Council Members:
RADZWILL & CO URI
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Midsael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
At the request of the City, I have reviewed and made recommendations for changes in
language in that proposed contract between the City of Otsego and Bonestroo for plans
and specifications for the wastewater treatment facility. On Monday, December 1, myself
and Mike Robertson participated in a telephone conference with Bonestroo's attorney,
and representatives of Bonestroo. The result of that conference was the changed contract
attached to this letter. Most of my requested changes were made, and some other terms
and conditions were deleted or changed.
It has come to my attention that the applicability of the municipal bidding law to this
professional service contract has been again raised. As I stated in my previous letter,
because of the nature of this contract there is no statutory requirement for the City to
request bids or requests for proposals, since such agreements do not fall within the
definition of contracts covered under the municipal bidding law. For the Council's
reference, I have enclosed a copy of the applicable statute, Minn. Stst. 471.345 and a
couple of relevant pages from the League of Minnesota Cities Handbook. If there are any
additional questions regarding this matter I would be happy to answer them.
I have reviewed the changed agreement and believe that it is acceptable and adequately
protects the City's interests in this matter.
I will briefly highlight some of the changes:
Letter to Otsego City Council
December 3, 1997
Page 2
1. The contract has been changed to recite plans and specifications for a 200,000 gallon
per day facility for the total lump sum of $125,500.00.
2. Section 3.2 and Appendix D have been changed so that the engineer must provide cost
estimates for listed preapproved services prior to providing said services. The contract
specifically preauthorizes a preliminary survey, estimated at $1,500.00.
3. A preliminary project schedule was inserted in Section 4 of the Agreement.
4. Various relatively minor language changes have been made in Section 2 and 3.1 of the
Standard Terms and Conditions.
5. The language in 3.2 has been changed to more clearly retain the City's ability to
contest invoices.
6.3.3 has been expanded to more clearly set forth the City's remedies in the event that the
Agreement is breached by the Engineer.
7. 3.4 has been rewritten so that no invoice will be submitted to the City until the final
plans are submitted for approval, or by April 30, 1998.
8. 3.5 has been shortened and establishes the interest rate if the invoice or portions of the
invoice are not paid within 30 days. The language regarding " due and owing" preserves
the right of the City to contest portions of the invoice.
9. In section 4.4, I believe that 2 million dollars of insurance coverage will adequately
protect the City.
10. Both 4.5.1 and 4.5.2 have been redrafted to state that the City owns the final plans
and specifications, subject to the right of the Engineer to retain use of these plans and
specifications in the course of its business, as well as supplemental data. 4.5.2 has been
redrafted to indicate that the documents are primarily only for the purposes of this
project, and that indemnification is limited only to violations of this agreement.
11. Section 4.7 has been redrafted to more specifically set forth the Engineer's duties
upon his termination or abandonment of the Agreement.
12. Sections 4.8.5 and 4.8.6 have been deleted.
Letter to Otsego City Council
December 3, 1997
Page 3
13. The limitation on liability of 2 million dollars in 5.2 should adequately protect the
City.
14. Section 5.3, waiver of consequential damages, has been deleted.
15. Section 5.4.2 has been expanded to specifically state that the City is providing no
waiver for deficiencies in the final product of this Agreement.
I have discussed a few changes with Boonestroo's attorney today. It is hoped that a clean
copy can be available for execution by next Monday evening.
Encls.
Cc: Paul Jacobsen, Attorney at Law
Ted Field, Bonestroo
Mike Robertson, City Administrator
John Harwood, Hakanson Anderson
§ 471.34 MUNICIPALITIES
NIICIPAL R:
Repealed
471.34. Repealed by Laws 1959, c. 261, § 4
urchase or sal
urpose, all la,,
Historical and Statutory Notes
ereof are supe
The repealed section required competitive See, now, § 471.345.
ble.
bids for the purchase of any supplies or equip-
Subd. 7. Mi
ment.
rued to prohi:
471.345. Uniform municipal contracting law
Winces which e�
Subdivision 1. Municipality defined. For purposes of this section, "munici-
a minimum sta
pality" means a county, town, city, school district or other municipal corpora-
conditions prev
tion or political subdivision of the state authorized by law to enter into
class of labor
contracts.
employees whit
Subd. 2. Contract defined. A "contract" means an agreement entered into
may be awardei
by a municipality for the sale or purchase of supplies, materials, equipment or
or service.
the rental thereof, or the construction, alteration, repair or maintenance of real
Subd, g, Pr
or personal property.
poses of this s,
Subd. 3. Contracts over $25,000. If the amount of the contract is estimated
ascribed to the
to exceed $25,000, sealed bids shall be solicited by public notice in the manner
., (a) "Small t
and subject to the requirements of the law governing contracts by the particular
:section 16B.19
municipality or class thereof provided that with regard to repairs and mainte-
"Busines
nance of ditches, bids shall not be required if the estimated amount of the
(b)
contract does not exceed the amount specified in section 103E.705, subdivi-
individual, par
sions 5, 6, and 7.
Nothing in t
Subd. 4. Contracts from $10,000 to $25,000. If the amount of the contract
adopting a res
is estimated to exceed $10,000 but not to exceed $25,000, the contract may be
designates anc
made either upon sealed bids or by direct negotiation, by obtaining two or more
percentage of
quotations for the purchase or sale when possible, and without advertising for
: services, inclu
bids or otherwise complying with the requirements of competitive bidding. All
contract proc
quotations obtained shall be kept on file for a period of at least one year after
aside prograrr
receipt thereof.
a negotiated F
Subd. 5. Contracts less than $10,000. If the amount of the contract is
estimated pric
estimated to be $10,000 or less, the contract may be made either upon
market and n,
quotation or in the open market, in the discretion of the governing body. If the
Subd. 9. F
contract is made upon quotation it shall be based, so far as practicable, on at
least two quotations which shall be kept on file for a period of at least one year
Subd. W.
after their receipt.
-equipment tc
Subd. 5a. County or town rental contracts. If the amount of a county or
144.50 to 14 -
town contract for the rental of equipment is estimated to be $60,000 or less, the
f ing arranger:
als, or equip -
contract may, in the discretion of the county or town board, be made by direct
for the rental when possible
_ hospitals or
negotiation by obtaining two or more quotations
competitive 1
and without advertising for bids or otherwise complying with the requirements
^R'
of competitive bidding. All quotations shall be kept on file for a period of at
met:
least one year after their receipt.
=;_ (1) the hoc
Subd. 6. Applicability of other laws. The purpose of this section is to
(2) the sh:
establish for all municipalities, uniform dollar limitations upon contracts which
-: more than o�
shall or may be entered into on the basis of competitive bids, quotations or
of prices; a:
456
e'.
1riUNICIPALITIES 4.1 MUNICIPAL RIGHTS, POWERS, DUTIES § 471.345
`
purchase or sale in the open market. To the extent inconsistent with this
_
purpose, all laws governing contracts by a particular municipality or class
thereof are superseded. In all other respects such laws shall continue applica-
=
ble.
Subd. 7. Minimum labor standards. Nothing in this section shall be con-
strued to prohibit any municipality from adopting rules, regulations, or ordi-
nances which establish the prevailing wage rate as defined in section 177.42, as
his section, "munici-
a minimum standard for wages and which establish the hours and working
municipal corpora- x,
conditions prevailing for the largest number of workers engaged in the same
law to enter into
class of labor within the area as a minimum standard for a contractor's
employees which must be agreed to by any contractor before the contractor
-eement entered into
may be awarded any contract for the furnishing of any labor, material, supplies,
erials, equipment or
or service.
maintenance of real
Subd. 8. Procurement from economically disadvantaged persons. For pur-
poses of this subdivision, the following terms shall have the meanings herein
:ontract is estimated
ascribed to them:
iotice in the manner
.cts by the particular i
(a) "Small targeted group business" means businesses designated under
repairs and mainte.
section 16B.19.
ated amount of the
(b) "Business entity" means an entity organized for profit, including an
E.705, subdivi-
individual, partnership, corporation, joint venture, association, or cooperative.
Nothing in this section shall be construed to prohibit any municipality from
ount of the contract
oucontract
adopting a resolution, rule, regulation, or ordinance which on an annual basis
may be
designates and sets aside for awarding to small targeted group businesses a
,taining two or more
hout advertising for
percentage of the value of its anticipated total procurement of goods and
)etitive bidding. All
services, including construction, and which uses either a negotiated price or bid
least one year after
contract procedure in the awarding of a procurement contract under a set -
aside program as allowed in this subdivision, provided that any award based on
a negotiated price shall not exceed by more than five percent the municipality's
t of the contract is .
estimated price for the goods and services if they were purchased on the open
made either upon
market and not under the set-aside program.
erning body. If the
Ls practicable, on at
Subd. 9. Repealed by Laws 1990, c. 549, § 3, eff. May 4, 1990.
of at least one year ,
Subd. 10. Hospital shared service purchasing. Supplies, materials, or
equipment to be used in the operation of a hospital licensed under sections
ount of a county or
144.50 to 144.56 that are purchased or leased under a shared service purchas-
560,000 or less, the
ing arrangement whereby more than one hospital purchases supplies, materi-
!, be made by direci
als, or equipment with one or more other hospitals either through one of the
=ntal when possible .
hospitals or through another entity, may be purchased without regard to the
Eh the requirements
competitive bidding requirements of this section, if the following conditions are
e for a period of at
met:
(1) the hospital's governing authority authorizes the arrangement:
this section is to
ion contracts which
(2) the shared services Purchasing program purchases items available from
bids, or
more than one source or the basis of competitive bids or competitive quotations
quotations
Of prices; and
457
§ 471.345 MUNICIPALITIES
MUNICIPAL R
(3) the arrangement authorizes the hospital's governing authority or its
more energy c
payments, exce
representatives to review the purchasing procedures to determine compliance
to be r
with these requirements.
non, are
installation, an.
Subd. 11. Fuel contracts for generation of municipal power. Notw•ith.
payments for t.�
standing the amount of the contract, any contract entered into by a municipali-
„ (c) Qualifiec
ty for the purchase of fuel required for the generation of power from municipal
'des implerr
power plants shall be governed by subdivision 4.
qualififi ed provic
Subd. 12. Procurement from rehabilitation facilities. Nothing in this sec-
to the municip.
tion prohibits a municipality from adopting a resolution, rule, regulation, or
r Notwithstanc
ordinance that on an annual basis designates and sets aside for awarding to
rehabilitation facilities as described in section 268A.06 a percentage of the
of and services, including
guaranteed ent
reduce energy
value of its anticipated total procurement goods
construction, and which uses either a negotiated price or bid contract proce-
:' Before enter
dure in the awarding of a procurement contract under a set-aside program as
: provide publis
allowed in this subdivision, provided that any award based on a negotiated
contract, the n
price shall not exceed by more than five percent the municipality's estimated
'purpose.
price for the goods and services if they were purchased on the open market and
�. Before insta
not under the set-aside program.
provider shall
Subd. 13. Energy efficiency projects. The following definitions apply to thisinstallations,
r
subdivision.
ing, installatic
(a) "Energy conservation measure" means a training program or facility
amounts by w
alteration designed to reduce energy consumption or operating costs and
= A guarantee
includes:
savings will r.
(1) insulation of the building structure and systems within the building;
' subject to corn
(2) storm windows and doors, caulking or weatherstripping, multiglazed
city charter.
windows and doors, heat absorbing or heat reflective glazed and coated
A municipa
window and door systems, additional glazing, reductions in glass area, and
qualified prov
other window and door system modifications that reduce energy consumption;
7 spend on the
likely to exce--
(3) automatic energy control systems;
years from tt
(4) heating, ventilating, or air conditioning system modifications or replace-
:' followed, anc
menu;
energy or opt
(5) replacement or modifications of lighting fixtures to increase the energv
f. The guarante
efficiency of the lighting system without increasing the overall illumination of a
period of tim
facility, unless an increase in illumination is necessary to conform to the
for lighting system after the proposed
A municip
applicable state or local building code the
purchase anc
modifications are made;
provide for F
(6) energy recovery systems;
two years frc
(7) cogeneration systems that produce steam or forms of energy such as heat,
paid monthl-,
as well as electricity, for use primarily within a building or complex of
f, Guarantee
buildings;
= which thev
r
(8) energy conservation measures that provide long-term operating cost
appropriatio
guaranteed e
reductions.
"Guaranteed a contract for the evalua-
'' uc
to make s uc
(b) energy savings contract" means
recommendations of energy conservation measures, and for one or
energy sa
tion and
458
MUNICIPALITIES
ring authority or its
Jetermine compliance
gal power. Notwith-
into by a municipali-
)ower from municipal
Nothing in this sec•
rule, regulation, or
.side for awarding to
a percentage of the
d services, including
r bid contract proce-
set-aside program as
ised on a negotiated
nicipality's estimated
the open market and
:initions apply to this
---gram or facility
ting costs and
within the building;
-ipping, multiglazed
glazed and coated
s in glass area, and
anergy consumption;
fications or replace -
increase the energy
-all illumination of a
to conform to the
n after the proposed
anergy such as heat,
ing or complex of
arm operating cost:
-act for the evalua-
-ec and for one or
MUNICIPAL RIGHTS, POWERS, DUTIES § 471.345
more energy conservation measures. The contract must provide that all
payments, except obligations on termination of the contract before its expira-
tion, are to be made over time, but not to exceed ten years from the date of final
installation, and the savings are guaranteed to the extent necessary to make
payments for the systems.
(c) "Qualified provider" means a person or business experienced in the
design, implementation, and installation of energy conservation measures. A
qualified provider to whom the contract is awarded shall give a sufficient bond
to the municipality for its faithful performance.
Notwithstanding any law to the contrary, a municipality may enter into a
guaranteed energy savings contract with a qualified provider to significantly
reduce energy or operating costs.
Before entering into a contract under this subdivision, the municipality shall
provide published notice of the meeting in which it proposes to award the
contract, the names of the parties to the proposed contract, and the contract's
purpose.
Before installation of equipment, modification, or remodeling, the qualified
provider shall first issue a report, summarizing estimates of all costs of
installations, modifications, or remodeling, including costs of design, engineer-
ing, installation, maintenance, repairs, or debt service, and estimates of the
amounts by which energy or operating costs will be reduced.
A guaranteed energy savings contract that includes a written guarantee that
savings will meet or exceed the cost of energy conservation measures is not
subject to competitive bidding requirements of section 471.345 or other law or
city charter. The contract is not subject to section 123.37.
A municipality may enter into a guaranteed energy savings contract with a
qualified provider if, after review of the report, it finds that the amount it would
spend on the energy conservation measures recommended in the report is not
likely to exceed the amount to be saved in energy and operation costs over ten
years from the date of installation if the recommendations in the report were
followed, and the qualified provider provides a written guarantee that the
energy or operating cost savings will meet or exceed the costs of the system.
The guaranteed energy savings contract may provide for payments over a
period of time, not to exceed ten years.
A municipality may enter into an installment payment contract for the
purchase and installation of energy conservation measures. The contract must
provide for payments of not less than one-tenth of the price to be paid within
two years from the date of the first operation, and the remaining costs to be
paid monthly, not to exceed a ten-year term from the date of the first operation.
Guaranteed energy savings contracts may extend beyond the fiscal year in
which they become effective. The municipality shall include in its annual
appropriations measure For each later fiscal year any amounts payable under
guaranteed energy savings contracts during the year. Failure of a municipality
to make such an appropriation does not affect the validity of the guaranteed
energy savings contract or the municipality's obligations under the contracts.
439
MUNICIPALITIES
NICIPAL R1
§ 471.345
Damage awards. In anv action brought challenging the validit,
location if the persor.
an area declared as a
Subd. 14.
of a municipal contract under this section,
the court shall not award, as an,"
but award an unsuccess-
United states depart_
cal handicap, or othe
part of its judgment, damages, or attorney's fees, may
an unsuccessful bid.
'"(b) business enti
ful bidder the costs of preparing
t�ized for profit. inc!
c. 1 2 123, art. 5, 7;
Laws 1969, c. 934, § 1, eff. July 1, 1969. Amended by Laws
1977, c. 182, 1 3; Laws
nership, corporation.
cooperative.
Laws 1973, c. 226, §§ 1, 2; Laws 1974, c. 510, § 1; Laws ,
s 8
462, § 4, eff. April 4, 1980; Laws 1983, c. 42, §§ 1 to 3; Laws 1983, c. 301,
Sp.,
"Nothing in this se
1980, c. c. 13,
§ 211; Laws 1984, c. 413, § 1; Laws 1985, c. 172, § 129; Laws 1985, 1st
444; Laws 1988, c. 409, § 1; Laws
prohibit any municir
regulati,
§ 347; Laws 1986, c. 350, §§ 1, 2; Laws 1986, c.
Laws 1989, c. 9, § 3; Laws 1989, c. 352. § 19; Laws 1990,
ution, rule,
an annual basis des
1988, c. 689, art. 2, § 268;.
8, § 51; Laws 1990, c. 541, § 26;
Laws 1990, c. 549, § 1, eff. May 4, 1990;
awarding to busines_
c. 391, art.
y or economical!
Laws 1992, c. 380, §§ 4 to 6.
percentage of the va
procurement of goo.
Historical and Statutory Notes
construction, and w,
be kept on file for a period of at least one year
price or bid c
Derivation:
after receipt thereof."
awarding of a pros
St.1957, § 471.34.
Laws 1985, c. 172, § 129 at the end of subd. 3
set-aside program a
�
Laws 1957, c. 912. § I.
reference to § 106A.705, subds. 4, 5
Sion, provided that a
St.Supp.1940, § 1933-76.
substituted
and 6 for reference to § 106.471, subd. 2.
tinted price shall no
Laws 1937, c. 416, § I.
Laws 1973, c. 123. art. 5, § 7, was a general
Laws 1985, 1st Sp., c. § Ser added subd.
service purchas-
percent the d seri:
the goods and
authorization for the consolidation of the terms
"cit-
shared
10, relating to hospital shared
market on the open market
..villages" and "boroughs" into the term
ies" or the substitution of the term "statutory
"boroughs."
ing.
Laws 1986, c. 350, §§ 1 and 2, added subds.
fuel contracts for the
program."
Laws 1989, c. 35=
cities" for "villages" and/or
11 and 12, relating to
of municipal power and to procure-
amendments to Mi:
Laws 1973, c. 226, §§ 1 and 2, in subd. 4,
generation
from sheltered workshops, respective }'.
§§ 2 to 21, are repe:
increased the lower of the two numbers consti-
the range from 5500 to s1,000; and, in
ment
Laws 1986, c. 444, authorized the removal of
revisor shall reinsta:
delete the new lang,_
tuting
subd. 5, increased the contract threshold from
nonsubstantive gender specific references.
see, 1990 legislation.
$500 or less to 51,000 or less.
Laws 1988, c. 409, added subd. 5a regarding
for equipment
�. Laws 1989, c. 35:
The 1974 amendment added subd. 7, relating
the making of county contracts
to be $60.000 or less.
25 are effective on
to minimum labor standards.
rental estimated
directed
(Governor's approv
The 1977 amendment, in subd. 3, raised the
amount from over 55000
Laws 1988, c. 689, art. 2. § 268
substitution of the term "rehabilitation facility"
apply only to contra
talion to bid or requ
minimum contractual
to over $10.000: in subd. 4, increased the con-
for various references to sheltered workshops.
"or
after that time.
tractual range from 51.000 but not to exceed
Laws 1989 c 9 § 3, inserted town"
55,000 to 55.000 but not to exceed 510,000;
the contract threshold
throughout subd. 5a.
b471.193f
and. in subd. 5, increased
from 61.000 or less to 55.000 or less.
section9sect ons 366.01ch , subd. s bd. 7 ended
County boards, con
The 1980 amendment added subd. 8, relating
disadvan-
thils
subd 2, and 505.09, subd. 1 and repealed sec-
contain the clause "Be it
Hennepin county, c
Housing and redevt
to procurement from economically
Caged persons.
tion 368.121. did not
enacted by the legislature of the state of Minne-
Improvement contr
Laws 1983, c. 42, §§ 1 to 3, substituted
sota." See Const. Art. 4. § 22.
subd. 8.
Preferencesagainst
Pub ratio
515,000 for 510.000 in subds. 3 and 4; and
Laws 1989 c. 352, § 19, rewrote
tcors
substituted 510,000 for 55,000 in subd. 5.
which formerly read:
Public corporation
Laws 1983. c. 301. § 211, added subd. 9,
"For purposes of this subdivision, the follow-
meanings herein as
471.37, see
which related to energy efficiency service con-
ing terms shall have the
public utility contra
tracts.
rewrote subd. 5, which
cribed to them:
"(a) 'socially and economically disadvantaged
Sale of materials a
Sale of school buil,
The 1984 amendment
formerly read:
person' means a person who has been deprived
to develop and maintain a
School districts, cc
Solid waste manae
"If the amount of the contract is estimated to
510,000 or less, the contract may be made
of the opportunity
competitive position in the economy because o
disadvantage. This
§ 115A.69.
se
be
either upon quotation or in the open market, in
social or economic
r eco
may arise from cultural, social or eco
Statutory cities,
the discretion of the governing bodv: but shall
vantage
or background, physical
t
be based on at least two quotations which shall
omit circumstances
460
26A MSA Sec 4664''
HANDBOOK FORMINNESOTA CMES
In the absence of a statutory requirement, it is not necessary for
a city to advertise for bids. Cities may advertise for bids even if
the law does not require them to do so. An increasing number
of cities are using the bid process for certain purchases. It is
not necessary for cities to advertise for bids for.
Krohnberg v. Pass, 187 Minn. Professional services such as those of doctors, engineers,
73, 244 N.W. 329 (1932); lawyers, architects, accountants and other services requiring
Schwandt Sanitation v. City of
Pavnesville. 423 N.W.2d 59 technical, scientific or professional training like refuse
(Minn. App. 1988); A.G. Op. hauling;
707A-7 (July 22, 1985); A.G.
Op. 707A (Feb. 8. 1990).
A.G. Ops. 469-A- IS (Feb. 14. The purchase or lease of real estate;
1957); (Feb. 18, 1955); (Sept.
11. 1946); (Sept. 5. 1945); (Jan.
18. 1945); A.G. Op. 707a-15
(Sept. 14, 1987).
Minn. Stat. § 471.36. Non-competitive products that are patented or obtainable
from only one source; or,
Minn. Stat. § 471.6161. For insurance in general, although cities must seek requests
for proposals for group insurance for 25 -or -more employees.
Purchasing consultant
services
Often a city may consider using a consultant like an attorney,
architect, engineer, accountant or other person with technical,
scientific or professional training. In certain cases, a city must
hire a state -licensed professional.
566
Meaning of lowest responsible bidder
Electronics Unlimited v. City of
The term "lowest responsible bidder" does not mean the bidder
Burnsville. 289 Minn. t l8. 182
whose offer, in terms of price, is best. It means, rather, the
N.W.2d 679 (1971); Otter Tail
Power Y. Village of Elbow
lowest bidder who is most likely, in regard to skill, ability and
Lake. 234 Minn. 419.49
integrity, to do faithful, conscientious work and to promptly
N.W.2d 197 (1951);
fulfill the contract according to the agreements. When bids on
Electronics Unlimited v. City of
equipment items are not capable of precise specifications, the
Burnsville. 289 Minn. 118. 182
N.W.2d 679 (1971).
council may exercise reasonable discretion in determining the
lowest bidder. And, in so doing, the council can consider the
quality, suitability and adaptability of the article the city is
seeking.
When bidding is unnecessary
In the absence of a statutory requirement, it is not necessary for
a city to advertise for bids. Cities may advertise for bids even if
the law does not require them to do so. An increasing number
of cities are using the bid process for certain purchases. It is
not necessary for cities to advertise for bids for.
Krohnberg v. Pass, 187 Minn. Professional services such as those of doctors, engineers,
73, 244 N.W. 329 (1932); lawyers, architects, accountants and other services requiring
Schwandt Sanitation v. City of
Pavnesville. 423 N.W.2d 59 technical, scientific or professional training like refuse
(Minn. App. 1988); A.G. Op. hauling;
707A-7 (July 22, 1985); A.G.
Op. 707A (Feb. 8. 1990).
A.G. Ops. 469-A- IS (Feb. 14. The purchase or lease of real estate;
1957); (Feb. 18, 1955); (Sept.
11. 1946); (Sept. 5. 1945); (Jan.
18. 1945); A.G. Op. 707a-15
(Sept. 14, 1987).
Minn. Stat. § 471.36. Non-competitive products that are patented or obtainable
from only one source; or,
Minn. Stat. § 471.6161. For insurance in general, although cities must seek requests
for proposals for group insurance for 25 -or -more employees.
Purchasing consultant
services
Often a city may consider using a consultant like an attorney,
architect, engineer, accountant or other person with technical,
scientific or professional training. In certain cases, a city must
hire a state -licensed professional.
566
CHAPTER ?4
Engineers and architects
Minn. Stat. § 326.03, subd. 1. For most construction projects. (buildings, streets,
remodeling), the city must retain a licensed architect or
engineer. There are only a few limited exceptions to this
requirement. Failure to use a qualified person may create
future liability problems for the city.
Registered land surveyor
Minn. Stat. § 326.03, subd. 3. A registered land surveyor must certify all plats, maps,
subdivisions or surveys that the city must file with the county
recorder.
Are there other alternatives to hiring an outside consultant?
These alternatives could include: a citizens advisory task
force; a loaned executive or specialist from a local or
statewide business; similar consultant work on similar
problems in other cities; assistance from neighboring cities,
towns, counties, regions or special purpose districts; or
research capabilities of college faculty and students.
What is the nature of the problem for which a consultant is
necessary? Unless the council can draft a brief statement
(100 words or less) conceming what the consultant is to
accomplish, the council should discuss the issue further.
567
Accountants
Minn. Stat. § 412.222; Minn.
People who audit, examine and report on the books and
Stat. § 471.697, subd. 1(c);
Minn. Stat. § 412.02, subd. 3.
records of a statutory city must be public accountants or
Minn. Stat § 412591, subd. 2;
certified public accountants.
Minn. Stat § 326.165; Minn.
Stat § 326.165; Minn. Stat. §
326 20, subd. 3; Minn. Stat §
326.165; Minn. Stat § 326.20,
subd. 3.
Other consultants
All cities of whatever size will consider, at one time or
another, hiring a consultant even though the law does not
require doing so. Before making the final decision on hiring a
consultant, the council should answer the following questions:
• Are members of the city work force (officers or employees)
capable of performing the job?
Are there other alternatives to hiring an outside consultant?
These alternatives could include: a citizens advisory task
force; a loaned executive or specialist from a local or
statewide business; similar consultant work on similar
problems in other cities; assistance from neighboring cities,
towns, counties, regions or special purpose districts; or
research capabilities of college faculty and students.
What is the nature of the problem for which a consultant is
necessary? Unless the council can draft a brief statement
(100 words or less) conceming what the consultant is to
accomplish, the council should discuss the issue further.
567
12/04/1997 16:24 2188291726 PAUL S JACOBSEN PAGE 12
PROFESSIONAL SERVICES AGREEMENT
Between
CITY OF OTSEGO, MINNESOTA
and
BONESTROO, ROSENE, ANDERLIK AND ASSOCIATES, INC.
THIS IS AN AGREEMENT, effective on December 1, 1997, between the City of Otsego, Minnesota ("City"),
and Bonestroo, Rosene, Anderlik and Associates, Inc. ("Engineer"), for professional engineering services.
SECTION 1. PROJECT DESCRIPTION AND UNDERSTANDING
The "Project consists of a new wastewater treatment plant to provide 200,000 gallons per day (gpd) capacity
and a treated effluent discharge to the Crow River, as recommended in the Engineer's report to the City titled
Wastewater Treatment Facll/des Plan, dated September, 1997. The facilities are described in the
recommended plan of the report.
SECTION 2. ENGINEER'S SERVICES
2.1. Engineer will provide 'Basic Services" as described in Appendix A.
2.2. The Engineer shall provide 'Pre -authorized Supplemental Services" as described in Appendix B,
Section 1, and, if requested and authorized in advance by the City, the Engineer may furnish "Other
Potential Supplemental Services" as described in Appendix B, Section 2. Engineer shall furnish an
estimate of the cost for any City -requested Other Potential Supplemental Services for the City's written
approval prior to commencement of the work.
SECTION 3. COMPENSATION
3.1. Payment for Basic Services
3.1.1 For completion of the Engineer's Phase I Basic Services as outlined in Appendix A, the City will pay
the Engineer a lump sum of $125,500, plus reimbursable expenses.
3.2. Payment for Suoalemental Services
For Pre -authorized Supplemental Services and for Other Supplemental Services authorized by the
City and performed by the Engineer, the City will pay the Engineer on an hourly basis in accordance
with the Billing Rate Schedule attached as Appendix D, plus Reimbursable Expenses, The City hereby
authorizes the Engineer to provide the preliminary survey to augment the aerial survey at an estimated
cost of $1500.
SECTION 4. PRELIMINARY SCHEDULE
Both the Engineer and the City will put forth reasonable efforts to complete their respective duties in a timely
manner, according to the target dates in the preliminary Project Schedule shown below. Neither the City nor
the Engineer is responsible for delays occasioned by factors beyond their respective control.
Milestone argot Date
Engineer begins preparation of design documents ecember, 1997
City confirms participation of City of Dayton and Project capacity Eecember 15 1997
J.-.0Wnm0n*%06L*Q6P".do0
12/04/1997 16:24 2188291726 PAUL S JACOBSEN PAGE ,13
provides E sneer access to site for rtlimina surveyecember
15 1997
retsina and provides soil testing company access to site for soil
tcember 15,1297
i"abruary,1998
vides aerial surveydate
anus 15 1998
a Net for NPDES Discharge Permit
I
ebn,a 1998
receives approval of Project fundi
sneer submits design documents to MPGA
April,1998
receives final discharge unita
, 1998
receives MPCA approval of design documents
une, 1998
SECTION 5. STANDARD TERMS AND CONDITIONS
The Standard Terms and Conditions attached as Appendix C are incorporated in this Agreement.
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12/04/1997 16:24 2188291726 PAUL S JACOBSEN PAGE 14
IN VATNE88 WHEREOF, the parties hereto have made and executed this Agreement as of the day and year
first above written.
ENGINEER:
SONEMOO, ROSENE, ANDERLIK AND
ASSOCIATES, INC.
By
Otto Q. Donestroo, CEO
Date
J;%ommowwlolspopaaAw 3
CITY:
CITY OF OTSEGO, MINNESOTA
By
Larry Fournier, Mayor
Date
And by
Elaine Beatty, Clerk
Date
12/04/1997 16:24 2188291726 PAUL S JACOBSEN PAGE, 15
Appendix A
Engineer's Basic Services
Phase I - Final Design
1.1. Design and prepare detailed plans and specifications for the project, periodically consult with the City's
appointed representative to obtain the City's comments, and submit five sets of the plans and
specifications for review by the City. The Project will be the recommended plan as described in the
Engineer's Report to the City titled Wastewater Treatment FadiNes Plan dated September, 1997: a new
extended aeration activated sludge treatment plant with 200,000 gpd capacity.
The design shall be complete such that every component necessary to construct the facility, to make
it operational and to put it into use shall be designed, specified and/or included; provided, however, that
the foregoing sentence does not increase the standard of care applicable to design professionals.
1.2. Prepare the Contract Documents for review by the City and its attorneys, which include:
0 Construction agreement forms
0 Payment and performance bond forms
0 General conditions
0 Special provisions
0 Specifications
❑ Detailed construction plans
❑ Proposal forms
1.3 Prepare Engineer's final opinion of probable construction cost
1.4 Final estimate of operational costs
1.5 Submit a site plan showing the layout of the facility to the City. In addition, submit final plans for
approvals by the:
❑ City Building Official
0 Minnesota Pollution Control Agency (MPCA).
1.6 Submit plans and specifications for formal City Council approval
1.7 Advise the City as to necessary services in addition to those furnished by the Engineer, such as land
and easement surveys, soil borings, testing services and other information needed for the Project. if
authorized by the City, the Engineer will assist the City to procure these services. The providers of
these services will contract directly with the City and issue invoices directly to the City.
1.8 Prepare and submit two copies of a design report and design summary to include:
(a) All engineering and/or design calculations related to soils, structures, treatment process, HVAC
facilities, site utilities or improvements and other designed or specified components.
(b) Detailed Information on the treatment process to include ail engineering assumptions and all design
data for construction of the facility described In the September, 1997 Waste Water Treatment
Facilities Plan.
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12/04/1997 16:24 2188291726 PAUL S JACOBSEN PAGE 16
Supplemental Ser vices
1. Pre -Authorized Supplemental Services
Upon notification to the City of the estimated cost, the City authorizes the Engineer to provide the following
Supplemental Services:
1.1. Preliminary survey to augment the aerial survey (in Section 3.2 of this Agreement. Engineer has
notified the City of an estimated cost of $1500 for this service)
1.2. Assist the City in preparing applications necessary for approvals, permits and licenses from other
entities such as the Minnesota Department of Transportation, Minnesota Department of Health,
Minnesota Department of Natural Resources, U.S. Army Corps of Engineers, watershed districts,
railroads, and private utilities, and making any unanticipated changes resulting therefrom.
1.3. Making revisions in drawings, specifications or other documents Wizen such revisions are:
1.3.1. Requested by the City and are inconsistent with approvals or instructions previously given by
the City;
1.3.2. Required by the enactment or revisions of codes, laws or regulations subsequent to the
preparation of such documents;
1.3.3. Due to changes required as a result of the City's failure to render decisions in a timely manner;
or
1.3.4. Due to any other causes beyond the Engineer's control.
2. Other Potential Supplemental Services
If authorized by the City, the Engineer may provide the following services.
2.1. Assistance with easements.
2.2. User rate studies.
2.3. Preparation of applications for funding assistance.
2.3. Attendance at public headng(s).
2.4. Pilot testing.
2.5. Assisting the City or its representative in connection with mediation, arbitration, litigation or other
proceedings involving the Project, including preparing to testify and testifying as an expert
witness.
2.6. Providing any other service not otherwise included in Basic Services or not customarily furnished
in accordance with generally accepted engineering practice.
CAC01®RANCwt..cls, khclo+sepo(r.v),doo B-1
12/04/1997 16:24 2188291726 PAUL S JACOBSEN PAGE' 17
Appendix C
Standard Terms and Conditions
SECTION 1. ENGINEER'S SERVICES
Engineer *hall act as the City rOwnees') agent only as provided for
within this Agreement.
SECTION 2. THE OWNER'S RESPONSIBILITIES
The Owner shall:
1) Provide full information as to its requirements for the Project.
2)
3)
4)
Furnish to the Engineer, prior to any performance by the
Engineer under this Agreement, a copy of any planning,
design and construction standards which the Owner shall
require the Engineer to follow in the conduct of its services for
the Project
Place at Engineer's disposal all available written data in the
possession of or readily available to the Owner and pertinent
to the Project, including existing reports, plats, surveys,
contour mapping, utiiGty mapping, record pians, wetlands,
land -use, and zoning maps, borings and other data useful to
the Engineer in the performance of its services,
Acquire all land, easements, and rights-of-way and provide for
land surveys and the preparation of legal descriptions and
exhibits, certificates or plats, as may be necessary for the
Project.
5) Provide access to the Project site and make all provisions for
the Engineer to enter upon public and private lands as
required by the Engineer to perform its services.
6)
7)
8)
9)
Examine all studies, reports, sketches, Opinions of Probable
Construction Costs, specifications, drawings, proposals and
other documents presented by the Engineer and render a
decision when necessary within a reasonable period of time.
Designate a single person to act as the Owners
Representative with respect to the Engineers services. Such
penton shall have complete authority to transmit instructions,
receive information, and interpret and define the Owners
policies and deasions with respect to services covered by this
Agreement, subject to Owners governing body approval when
required by low.
Give prompt written notice to the Engineer whenever the
Owner has actual knowledge of any defect in the Project, or
has actual knowledge of any circumstance that effects the
scope or timing of the Engineers services.
Furnish, or instruct the Engineer to provide at the Owners
expense, necessary "Supplemental Services' as may be
provided for in this Agreement, or other services as they may
be required.
10) Fumish to the Engineer, as required by the Engineer for
performance of its services, information or consultations not
covered in the Engineers Basic Services, such as core
borings, probing* and subsurface explorations: hydrographic
surveys, laboratory tests and inspections of *am plea, materials
A0ftaRA%C0n1r*et9, K4Wo%vls09o(rvv).doc C-1
and equipment; appropriate professional interpretations of all
of the foregoing; property, boundary, easement, and
right-of-way surveys and property descriptions; zoning and
deed restrictions.
11) Furnish approvals and permits from all governmental
authorities having jurisdiction over the Project; except for
those permits and approvals for which the Engineer will be
responsible for providing submittals under this Agreement, and
such approvals and consents from others as may be
necessary for completion of the work.
12) Furnish inspection or monitoring services as the Owner
desires to verify that Contractor is complying with all laws or
regulations and to verify that Contractor is taking all necessary
safety precautions to protect persons and property, as the
Engineer in this Agreement does not undertake to perform
these services.
In performing its services, the Engineer may rely upon the accuracy
and completeness of all Owner -provided information, unless the
Engineer has knowledge that the information may not be complete
or accurate.
SECTION 3. COMPENSATION
3.1 Paymentfbr Reimbursable Expenses
Unless otherwise provided, in addition to Engineering fees, the
Owner will pay the Engineer for reasonable Reimbursable
Expenses on the basis of the Engineer's cost. Although not a
oomplete list, examples of Reimbursable Expenses include: the
costs of plotting drawings and the reproduction of drawings and
specifications; project -specific printing, duplicating, tabs and
indexes; testing; mileage; travel and per -diem expenses of the
Engineer for out-of-town trips required for the Project; long
distance telephone calls and faxes as required to expedite the
work; the costs for cellular phone calla/seMce for Engineer's field
personnel on a Project; project photographs taken before and
during construction; construction stakes; postage and delivery
charges, and out-of-pocket expenses incurred directly for the
Project.
3.2. Oblections to Invoices/No Deductions
it is important for the Engineer to be promptly informed of
problems. If the Owner objects to any portion of an invoice, the
Owner shall notify the Engineer in writing within twenty days of the
invoice's receipt The Owner agrees to pay any portion of the
Invoice which reasonably appears to be undisputed, but reserves
the right to later contest any portion of the invoice if it is later
discovered that the work was not complete or was not done
correctly.
3.3 Suspension of Work
If the Owner falls to make payments when due or otherwise
breaches this Agreement, the Engineer may suspend work after
providing five days notice to the Owner. The Engineer will not be
liable for any costs or damages resulting from such a suspension
12/04/1997 16:24 2188291726
of work. If the Engineer fails to tlmey perform, or otherwise
breaches this Agreement, the Owner may stop payment to the
Engineer and take whatever steps necessary to compete the
Project, including contracting with another Engineer for timely
completion of the Project. In the event of such a breach by the
Engineer, any additional payment to the Engineer wig have
deducted from R costs incurred by the city in remedying the breach.
3.4. Proaress Payments
The Engineer will submit a property documented Invoice when it
has completed the services described in § 1.5 of Appendtx A to this
Agreement or April 30, 1999, whichever comes fins. The Owner
shall make payment of all undisputed portions of that invoice (and
later invoices, if such invoice Is not for all services contemplated
under this Agreement) within 30 days after the Owner's receipt of
such invoice, subject to Section 3.2 of this AppendbL Owner may
not reserve as retainage any portion of a payment due and owing
under this Agreement.
3.5. InteresUCollbcHon Costs
The Owner agrees to pay the Engineer 1 % per month interest on
all portions of Engineers invoices which are due and owing, with
interest beginning to accrue 30 days after the date of the invoice.
Engineer agrees to pay all subcontractors on the Project within ten
(10) days of receipt of payment of its invoice,
SECTION 4. GENERAL CONSIDERATIONS
4.1. Standard of Care
The Engineer shall exercise the same degree of care, skill and
Diligence in the performance of its services as is ordinarily exercised
oy members of the profession under like circumstances.
4.2. Delays
Both the Engineer and the Owner will put forth reasonable efforts
to complete their respective duties in a timely manner. Because the
Engineer's performance must be governed by sound professional
practices, the Engineer is not responsilbie for delays occasioned by
factors beyond its control or that could not reasonably have been
foreseen at the time of preparation of this Agreement..
4.3. Opinions of Costs and Schedules
Since the Engineer has no control over the cost of labor and
material or over competitive bidding and market conditions, the
Engineer's Opinion of Probable Construction Cost and of Project
schedules can only be made on the basis of experience or
quakfications as a professional Engineer. The Engineer does not
guarantee that proposals, bids, actual Project costs or construction
schedules will not vary from Engineer's opinions or estimates, if the
Owner desires greater assurance as to the anticipated
Construction Cost of the Project, the Owner shall employ, or
instruct the Engineer to provide as a Supplemental Service, an
independent cost estimator.
A.A. Insurance
4.4.1. The Engineer agrees to maintain a professional gebdlty,
insurance policy for negligent acts, errors or omissions in an
amount of at least $2,000,000 annual aggregate, on a claims -made
basis as long as such insurance is reasonably available.
CAUPBRANContracn.. h%*C%0ts.90(rsv).dw C-2
PAUL S JACOBSEN PAGE 18
4.4.2. The Engineer shall maintain:
1) Statutory workers compensation and employers' liability
insurance coverage.
2) Comprehensive general liability and automobile liability
insurance coverage in the sum of not less than $1,000,000
each.
4.5, Ownership of Instruments of Service
4.5.1 Documents (including Electronic Data) prepared by the
Engineer, such as drawings, specifications and reports
('Engineering Documents') are instruments of the Engineer's
professional services, and not products. A printed copy of the
reports, drawings, and specifications prepared under this
Agreement shall become the property of the Owner upon
completion of the services and payment of all amounts due and
owing the Engineer. However, the Engineer retains its rights in
standard drawing details and specifications, and in its field data,
notes, databases, computer files, software, proprietary property
and intellectual property developed or modified in the performance
of its services, and further retains an unrestricted right to use the
Engineering Documents in the course of its business,
4.5.2 The Engineering Documents are prepared for the Project
and may not be used for other projects, except the Owner has the
right to use the Engineering Documents for informational purposes
or to illustrate the design and/or location of existing facilities for
purposes of expansion, rehabilitation, or retrofit of the Project
Except as permitted herein, the Owner agrees it will not use the
Engineering Documents for other purposes or provide them to
other persons for purposes other than the Project If the Owner
violates this provision by using the Engineering Documents for
unallowed purposes and, as a result of such violation, damage
occurs to it or others, n waives claims against the Engineer caused
by such violation and agrees to defend and indemnify the Engineer
from claims pursued by others against Engineer if caused by such
violation,
4.6. Electronic Data
4.6.1. If included in Basic Services or Supplemental Services
and as a convenience to the Owner, the Engineer will fumish the
Owner with electronic data versions of certain drawings or other
written documents ('Electronic Data') provided in hard copy form.
In the event of any confffct between a hard copy document and the
Electronic Data, the hard copy document governs. The Electronic
Data shag be prepared in the current software in use by the
Engineer and is not warranted to be compatible with other systems
or software.
4.6.2. Any Electronic Data submitted by the Engineer to the City
is submitted for an acceptance period of 60 days ("Acceptance
Period'). Any defects that the City discovers during this period and
reports to the Engineer will be corrected by the Engineer at no
extra charge. For correction of defects reported to the Engineer
after the Acceptance Period, the City shall compensate Engineer
on an hourly basis at Engineer's billing rates set forth in Appendix
C. The City understands that the Electronic Data is perishable and
the City is responsible for maintaining it.
4.7. Termination. Suspension or Abandonment
4.7.1 The Owner or the Engineer may terminate or suspend
12/04/1997 16:24 2188291726 PAUL S JACOBSEN PAGE '19
this Agreement The terminating or suspending party shell notify
the other party 14 calendar days prior to the effects data of the
termination or suspension.
4.7.2 The Engineer and the Owner wil cooperate Y the
Engineer's work Is terminated, suspended or abandoned for any
reason. In addition, the Owner shag timely pay the Engineer for
services rendered and costs incurred, if they we due and owing
under this Agreement. services and costa shal include only those
due and owing, rendered and incurred up to the time of
termination, suspension or abandonment. in the event that the
Engineer terminates, suspends, or abandons this Agreement, and
the City has paid all amounts due and owing under this Agreement,
then Engineer shag promptly supply the Owner wrifft all documents,
to the extent prepared or completed by Engineer, provided,
however, if there in a dispute as to amounts due and owing to
Engineer, Owner shall only be entitled to such documents after
payment to a mutually agreeable escrow agent the amount claimed
due and owing by Engineer, and Engineer and Owner shag
promptly resolve such dispute pursuant to § 4.8 of this Appendix.
4.8. Dispute Resohi lon
4.8.1 In an effort to resolve any conflicts that arise out of the
services under this Agreement, all disputes between the Owner
and the Engineer arising out of or relating to this Agreement shah
be submitted to nonbinding mediation prior to commencing
arbitration or litigation.
4.8.2 Unless the Owner and the Engineer mutually agree
otherwise, all claims, disputes, and other matters in question arising
out of or relating to this Agreement which are not resolved by
mediation and where the amount in controversy is less than
$200,000, shag be decided by binding arbitration in accordance
with the then -most current Construction Industry Rules of the
lmerican Arbitration Association.
4.8.3 In the event of litigation or arbitration arising from or
related to the services provided under this Agreement, the
prevailing party is entitled to recovery of all reasonable costs
incurred, inducing staff time, court costs, attorney's fees and other
related expenses.
4.8.4. if the Engineer or the Owner intends to assert a claim
against the other as a result of a dispute with a third party, the
claiming party shall notify the other party as soon as possible, and
in any event prior to resolving the dispute with the third party.
4.9_ Hazardous Substance
The Engineers scope of services does not include any services
related to hazardous or toxic materials, including asbestos and
PCBs. if it becomes known that such materials may be present at
or near a Project that may affect the Engineer's services, the
Engineer may suspend performance of its services, without liability,
and wig assist the Owner to retain appropriate consultants to
adequately identity and abate such materials so that Engineers
services may resume.
4.10. GGovernino Law
This Agreement shall be governed by the laws or the State of
Minnesota and any dispute shall be venued in the state or federal
courts in Minnesota.
4.11. Integration
.1G11eRA%Cordraots, hfto%0tsepo(r".doo C-3
This Is an integrated Agreement and it supersedes oil per
negotiations or agreements between the parties. It shay be
modified only by a written document signed by the party sought to
be bound. The provisions of this Agreement are severable, and if
any provision is found to be unenforceable, the remaining
provisions continue to be valid, and the unenforceable provision
shall be reformed with a valid provision that comes as near as
possible to expressing the intention of the unenforceable provision.
4.12. Assionment
Except for the Engineer's use of necessary consultants, the
Engineer and the Owner shall not assign or delegate their
respective obligations under this Agreement without the mitten
consent of the other party, which consent shall not be
unreasonably withheld.
SECTION 5. LIABILITY
Having considered the potential liabiNdes that exist during the
performance of the Engineers services, the benelfts of the Project',
the Engineers fee for its services, and the promises contained in
this Agreement, the Owner and the Engineer agree that risks
should be allocated in accordance with this section, to the fullest
extent permitted by law.
5.1 indemnification
The Engineer and the Owner each agree to defend and indemnify
each other from liability for claims, losses, damages or expenses
(including reasonable attorney's fees) to the extent they are caused
by their negligent acts, errors or omissions relating to this
Agreement In the event the claims, losses, damages or expenses
are caused by the joint or concurrent negligence of the Engineer
and the Owner, they shall be borne by each party in proportion to
its own negligence.
5.2 Limitation of Liabilitv
The Engineers and its employees' aggregate liability to the Owner
for any and all claims, losses or damages arising out of any Project
or this Agreement for any cause shall not exceed the total
combined sum of $2,000,000.
5.3 Ieted
5.4 Design without Construction ase Sefyices
5.4.1. Should Owner provide Construction Phase services with
either Owner's representatives or a third party, Engineers Basic
Services under this Agreement will be considered to be completed
upon completion of the Final Design Phase as outlined in Appendix
A-
5.4.2. It is understood and agreed that if Engineers Basic
Services under this Agreement do not include Project observation,
or review of the Contractors performance, or any other
Construction Phase services, and that such services wiY be
provided by Owner, then Owner assumes all responsibility for
interpretation of the Contract Documents and for construction
observation or review and waives any claims against the Engineer
that may be in any way connected thereto. By this paragraph,
Owner waives no claims arising from deficiencies in the Contract
Documenta that violate the standard of care applicable to design
professionals.
12/04/1997 16:24 2188291726 PAUL S JACOBSEN PAGE 20
Appendix D
1997 Billing Rate Schedule
claaalfloadon Hourly Rate
Senior Prindpal $89.50
PrincipwWroject Manager/Sr. Scientist 80.00
Registered Enalneer/Architect• Sr. GIS Specialist 69.00
ProErgineer/Architect/Sclentist: Sr. Field Supervisor 60.50
Graduate Engineer/Architeci/Sdentist: Field Supervisor 55.00
Senior Drafter, 018 Specialist 49.50
Senior Technician, Inspector/Drafter 46.50
Techr-Adan 33.00
Word Processor 32.50
Clerical / Printing 25.50
Total Station Equipment 20.00
GIS Workstation Equipment 20.00
These rates are adjusted annually In accordance with the normal review
procedures of Bonestroo, Rosene, Anderllk and Associates, Inc.
;:WA%8 AWVnv.oa, WWW*spo(rw).doo D-1
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE
8. JOHN HARWOOD, CITY ENGINEER December 8,1997 - 6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC
8.1. Authorization/approval for sanitary sewer collection/potable
water distribution system
BACKGROUND:
The above has been on a couple of Council Agendas and it was asked
that this be brought back to this agenda. John Harwood has supplied
information previously received by the Council which is attached. He
will be at this Council Meeting and can explain and answer any
questions.
RECOMMENDATION:
This is for Council Decision/Approval. Staff recommendation is to
approve.
Thanks,
ltg�
Elaine
Hakanson
3601 Thurston Avenue
55303
El 103 Pine Street
Monticello, MN 55362
Anderson
Anoka, Minnesota
(612) 427-5860
(612) 295-5800
Assoc., ins,
(612) 427- ?01 Fax
(612) 295-4488 Fax
Memorandum
To: L�L/7/•ya
�G`�rr}/
Date: 12-
Z
V97
e/ry IlGRk
Subject:
1W X6
Attn:
File #:
Narrative:
'err/!clVew Fob Xe;4 ear c'.v ec i.�.�o /fir E �'kc ficArEl
/.uFo/t.k-�r�u•y �",«.ti �/J,rT C � r�' �ay.tJ � / t �C/<�r✓
o•y fcyc�/�uG��S
eM /V 1 gi o � COLT Af f j o.v
o^ p� �N ,� r/,rl- Z O TNRot+ ('ate trAU ciy•^
Ftt 0... / 11/ 31 q ,- �Weerlw 2 alt'9 / l f?&,O I /J;;q <<.f:
i
Gds` .���a a,w�.erJ C'oyu�ic r/oN lIY l?6'roe urio
&"w"Cl/ �occw✓ 1,(c .lr�T�r��ry �ZG�yu/�c�•.�C�..+tJ
cc: "&�rAyc' % eo +e
M
Hakanson
1 Anderson
Assoc., Inc.
MEMORANDUM
TO: Mayor and City Council
City of Otsego
FROM: John A. Harwood, City Engineer
DATE: November 5, 1997
RE: Sewer and Water Schedule
/i/ 141(l Y "
3601 Thurston Avenue
Anoka, Minnesota 55303
612/427-5860
Fax 612/427-3A01._ 0520
Attached for your information is the project schedule data from the September 1997 Wastewater
Treatment Facility Report. Also attached is a memo from Ted Fields.
The scheduling goal is to have sanitary sewer available for service to properties or developments
in late summer of 1999. A date of August 15, 1999 has been selected for startup of the treatment
plant. Backing up from that date, it is necessary to start structural construction early in the 1998
season and to order equipment in 1998.
If the start of construction is delayed from early 1998 until mid 1998, the project completion will
slip. Once completion slips so that service would not be ready for developers to complete their
on site connection work, the project would slip to the year 2000.
It is critical to have reasonable and achievable completion dates & schedules. Once the sewer
construction process is underway and people know for sure that sewer facilities are to be built,
final commitments for land purchase & for platting or property development will be made by
many people. The schedule then must be met. Delaying the process at the beginning will
jeopardize 1999 schedules.
The attached schedule shows that the authorization to start design was to occur in October 1997.
This authorization now appears to be delayed until at least the end of November. It would be my
judgement that if authorization is delayed beyond the December 8th Council meeting, the 1999
completion of the Treatment Plant may be jeopardized.
The council has received an estimate of design costs from Bonestroo for the Treatment Facility.
The costs appear to be reasonable. That firm is able to start design immediately and pursue
timely completion. We recommend WWTF design authorization to that firm. The collection
system and water system design are the type of projects that the Hakanson Anderson firm does
for the City under the Engineering Services Agreement. It is recommended that the design be
authorized in accordance with that agreement. The design fees are as provided to the council at
the last meeting.
Engineers Landscape Architects Surveyors
Mayor and City Council
Page 2
November 5, 1997
As of this date there still is a question regarding the design capacity of the fust phase treatment
facility with the question related to City of Dayton participation. If the Dayton question is not
resolved by the end of November, it is recommended that the council authorizes design of a
200,000 gpd treatment facility. If Dayton later decides to participate or request capacity, the
facility size can be increased. The City of Dayton would be responsible for any increased costs
of added facility sizing.
ot607.me 1
w4t'.A�O
R� Hakanson
VE Anderson
Assoc., lnc.
'Hakanson
Anderson
Assoc., Inc.
October 22, 1997
Honorable Mayor and Councilmembers
City of Otsego
8899 Nashua Avenue N.E.
Otsego, MN 55330
RE: Design services for 1998 Water and Sewer Improvements
Dear Mayor and Councilmembers:
3601 Thurston Avenue
Anoka, Minnesota 55303
612/427-5860
Fax 61 2/127-3G0.L- 0520
As requested at the October 13, 1997 City Council meeting, enclosed herein is the estimate of
design services for construction of the 1998 Water and Sewer Improvements. Total fees are
based on our Engineering Services Agreement with Otsego, with design services being a
percentage of construction cost. The fees are as follows:
Estimated Project Cost
Estimate Construction Cost
Fee Percentage, from Engineering Contract
Total Base Fee, through Construction
Fee through completion of Plans, 75%
Less Credit for Preliminary Study
Total Estimated Fee for Plans & Specifications
Total Fee
Sincerely,
HAKANSON ANDERSON ASSOCIATES, INC
A. Harwoo
clk
ot607.dsm
SANITARY SEWER WATER SYSTEM
$2,134,000 $1,300,000
$1,640,000 $1,000,000
5.8% 6.0%
$ 95,120
$
60,000
$ 71,325
$
45,000
$ 1.125
$
3.200
$ 70,200
$
41,800
$ 112,000
forfl Al d j S G T,!
!//Z,000 AA. 124"Ir
9 �+
Engineers Landscape Architects Surveyors
_ tLem o.�a /v/IVT/
RESOLUTION NO.
Resolution Ordering Preparation of Plans and Specifications
Sanitary Sewer Collection System
WHEREAS, the City Council has received a Sanitary Sewer Collection System Study dated
June, 1997 as prepared by Hakanson Anderson Associates, Inc.,
AND WHEREAS, the City Council intends to implement the initial phase of the improvement as
depicted in a preliminary way on the attached Exhibit A,
AND WHEREAS, the cost of the trunk portion of the project as depicted on the attached Exhibit
A will be recovered through connection charges,
AND WHEREAS, the City Council has determined that preparation of plans and specifications
will provide information needed prior to ordering the improvement.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OTSEGO,
MINNESOTA:
1. Hakanson Anderson Associates, Inc. is hereby designated as the engineer for preparation of
plans and specifications.
2. Hakanson Anderson Associates, Inc. shall prepare plans and specifications for the initial
phase of the improvement as depicted in a preliminary way on the attached Exhibit A.
Adopted by the Council this day of , 1997.
Mayor
Clerk
ot6o7. rO
I
TION N-2
c 1
r I 3T
Z. , J,
LIFT STATION
s �b Ix
Iff
0
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0
m
79
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• II �'�I FORCE"
! . > GRAVrry YMN
0 2000 4000 1(VWTF ?%`lii
IN FEET j l I` M N SITE
.-
SCALE �,, 1y� C CE 'N
CITYY•
LI FTSAWARYSEWER
/ r'
COLLECTION SYSTBA MDY -: ' �= \ ; ' STATION
EXHIBIT A ► ► '`' S— l
1998 CONSTRUCTION
1 L. C l l l U. J U
RESOLUTION NO.
Resolution Ordering Preparation of Plans and Specifications
Potable Water System
WHEREAS, the City Council has received a Potable Water System Study dated June, 1997 as
prepared by Hakanson Anderson Associates, Inc.,
AND WHEREAS, the City Council intends to implement the initial phase of the improvement as
depicted in a preliminary way on the attached Exhibit A,
AND WHEREAS, the cost of the trunk portion of the project as depicted on the attached Exhibit
A will be recovered through connection charges,
AND WHEREAS, the City Council has determined that preparation of plans and specifications
will provide information needed prior to ordering the improvement.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OTSEGO,
MINNESOTA:
1. Hakanson Anderson Associates, Inc. is hereby designated as the engineer for preparation of
plans and specifications.
2. Hakanson Anderson Associates, Inc. shall prepare plans and specifications for the initial
phase of the improvement as depicted in a preliminary way on the attached Exhibit A.
Adopted by the Council this day of 11997.
Mayor
Clerk
ot504,rs l
) A'v[NUF..
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71
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CITY OF OTSEGO
KEQUEST YUK C:UUNC;IL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE
8. JOHN HARWOOD, CITY ENGINEER December 8,1997 - 6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB, CC
8.2. Receipt of quotation for MacIver Avenue culvert
BACKGROUND:
The culvert on MacIver Avenue South of 80TH is rusted and needs
replacing. See attached information supplied by John Harwood. (Letter
dated Dec. 3, 1997 and other. He will be here to explain the attached
information and answer any questions.
RECOMMENDATION:
This is for Council Decision/Approval.
Thanks,
A
Elaine
Hd{(clnson 3601 Thurston Avenue
Anoka, Minnesota 55303
Anderson 612/427-5860
Assoc., Inc. Fax 612/427-34"- 0520
December 3, 1997
Mike Robertson
City Administrator
City of Otsego
8899 Nashua Avenue N.E.
Otsego, MN 55330
RE: Replacement of Culvert
MacIver Avenue at Otsego Creek
Dear Mike,
During a recent road inspection, Dave Chase reviewed the condition of the culvert under
MacIver Avenue at Otsego Creek, south of 80th street, and found the bottom of the
corrugated metal pipe to be eroded or rusted out. The culvert needs replacement. The best
time for such work is now, during low creek flow and before the ground is totally frozen. We
are seeking City Council authorization to solicit quotations. For this project time is of the
essence due to the winter weather. We propose that the City purchase the material directly
from the pipe supplier and that the installation be done under contract based on a quotation.
The requested action is for the City Council, by motion, to authorize the City Administrator to
purchase the material and to enter into a contract for placement. After such authorization, we
will solicit quotations and price information for City review.
We anticipate the material cost to be in the range of $7,500 to $8,500. We anticipate the
installation cost to be in the vicinity of $8,000 to $9,000. In addition, the survey, inspection
and administration will bring the total cost of the replacement to near $20,000. A recent
review of the 1997 public work maintenance budget showed a remaining budget amount of
$16,139.13. The work can be funded from this 1997 budget balance plus a portion of the
1998 budget as necessary.
The informal purchase, quotation & construction procedure that we propose for this project
has in the past been very successful in completing work of this kind at low cost. We will keep
costs as low as possible for completion of the necessary replacement.
Sincerely,
HAKANSON ANDERSON ASSOCIATES, INC.
A. Harwood, PE
clk
Nta.chments lrveyo r1
ngineers Landscape Architects Spiirveyors
Hakanson
1-111 Anderson
ASSOC., Inc.
I:: November 12, 1997
Elaine Beatty, Clerk
City of Otsego
8899 Nashua Avenue N.E.
Otsego, MN 55330
RE: Odean Avenue Crack Repair
Dear Elaine,
3601 Thurston Avenue
Anoka, Minnesota 55303
612/427-5860
Fax 612/427-3_4D1_ 0520
Recently, I sent a letter on the subject of the 1997 Public Works Maintenance Budget. I need to
correct the amount for the Odean Avenue Crack Repair Project by increasing the amo
$32,889.08 to $35,651.00. The reason being that the milling wo e intersection at 85th
Street and Odean Avenue prior to the over accounted for in our previous final
payment form. The C c aim is valid for additional milling and therefore the final
na , s revised.
The corrected amount remaining in budget is $16,139.13 "`, - $ 4 8,9@ J
Please disregard processing the claim and having the Mayor sign the payment forms until the
revised forms are sent to you by our office. Sorry for the inconvenience.
Yours truly,
HAKANS DER N ASSOCIATES, INC.
La e e G. osliak, PE
clk
cc: John Harwood, PE
ot910.eb8
Engineers Lantlscapo Architects Sune\ors
Gasket is included in above prices.
"Gasket lube will be furnished and invoiced as follows:
1 gallon can - 8 lbs. @ $ 8.80
ELK RIVER CONCRE I t HHUuu�. 1Z)
rage 1
6550 WEDGWOOD ROAD,
P.O. BOX 1660
CORED HOLE SERVICE PIPE
ASSEMBLY
PRICE
MAPLE GROVE,
MN 55311-6660
EACH
4"
5" 4 1/8" - 4 5/8"
006- 5
,11 f T
�/t ��
-
/i� J. R. -
j,& 4d C a?-
7'o Vlx c o v wr
006- 7B
REINFORCED CONCRETE
PIPE (ASTM C 76 WITH CX4 GASKETS) MNDOT PLATE 3006
6 3/4" - 7 3/4"
006- 7A
47.00
8"
PRICES PER
LINEAL FOOT
53.00
10"
1 1 " 10" - 10 3/4"
006-11
53.00
PILING PIPE
GASKET
WALL "B" OR "C"
THICK WALL
ADD ON
LUBE
DIAMETER
CLASS 2
CLASS 3
CLASS 4
CLASS 5
4000_q
5000 D
6000 D
PRICE/FT
PRICE/FT-
12"
11.05
18.65
18.65
18.65
4.45
0.06
15"
12.60
21.55
21.55
22.60
5.50
0.07
18"
14.70
14.95
14.95
25.45
26.50
27.55
6.55
0.08
21 "
17.60
17.60
19.45
29.65
31.00
32.05
6.55
0.09
24"
20.00
23.10
28.10
37.55
40.70
45.15
7.60
0.10
27"
27.55
33.60
47.00
51.70
58.55
60.65
7.60
0.11
30"
32.05
38.60
55.15
58.55
62.75
68.25
8.95
0.12
33"
39.65
49.60
67.75
72.70
77.20
82.70
10.00
0.13
36"
44.10
48.05
58.00
74.55
89.25
93.70
99.25
12.10
0.15
42"
64.05
69.05
78.75
103.70
105.80
113.65
150.95
13.15
0.18
48"
79.30
83.75
100.80
128.90
138.85
146.75
182.95
15.50
0.22
54"
99.25
108.70
128.65
160-90
163.30
178.50
218.40
1
60"
117.85
130.20
154.35
183.75
187.45
231.55
258.05
17.60
0.28
66"
142.80
154.90
194.00
207.90
213.95
266.70
295.60
18.65
0.30
72"
163.80
185.85
218.95
240.45
241.50
299.80
335.20
21.00
0.33
78"
223.40
251.50
277.75
320.80
318.70
368.30
413.45
22.05
0.36
84"
242.55
266.70
292.15
340.75
342.85
381.40
432.10
24.15
0.39
90"
253.85
289.30
313.95
355.70
358.85
414.50
25.45
0.41
96"
289.30
331.00
367.50
403.75
405.85
463.85
27.55
0.44
0.47
102"
351.25
380.10
0.49
108"
442.30
483.00
0.54
120"
479.85
551.50
Gasket is included in above prices.
"Gasket lube will be furnished and invoiced as follows:
Charge for Cored Hole in Plant 5", 7", 9" & 11 ". 60.00
Prices: FOB truck near as possible to jobsite under own power.
Terms: 2% 30th day - Net 60th day following end of month in which material was invoiced.
Subject to all applicable sales taxes.
P stimating only - subject to change without notice.
01-1 -
1 gallon can - 8 lbs. @ $ 8.80
5 gallon can - 45 lbs. @ $ 49.50
SERVICE CONNECTION
CORED HOLE SERVICE PIPE
ASSEMBLY
PRICE
PIPE DIAMETER DIAMETER O.D. RANGE
NO.
EACH
4"
5" 4 1/8" - 4 5/8"
006- 5
42.00
4" DI will require 6" Kor-N-Tee and reduce to 4"
6"
7" 5 7/8" - 6 3/8"
006- 7B
47.00
6 3/4" - 7 3/4"
006- 7A
47.00
8"
9" 8 1/2" - 9 7/8"
006- 9
53.00
10"
1 1 " 10" - 10 3/4"
006-11
53.00
Charge for Cored Hole in Plant 5", 7", 9" & 11 ". 60.00
Prices: FOB truck near as possible to jobsite under own power.
Terms: 2% 30th day - Net 60th day following end of month in which material was invoiced.
Subject to all applicable sales taxes.
P stimating only - subject to change without notice.
01-1 -
Trash guard design per Cretex drawing no. 11551.
See page 19 for adjustable eye bolt tie rod prices.
Prices: FOB truck near as possible to jobsite under own power.
Terms: 2% 30th day - Net 60th day following end of month in which material was invoiced.
Subject to all applicable sales taxes.
Prices for estimating only - subject to change without notice.
01-15-95
6550 WEDGWOOD ROAD, P.O.
BOX 1660
MAPLE GROVE, MN 55311-6660
/%j�ic/!,r /�AcTu.�� •r .% G•GC�lt
Re r#/t-
FOR ROUND PIPE
TRASH GUARDS'
FLARED ENDS
(GALVANIZED)
STD
HEAVY
WEIGHT
PRICE
BAR
PRICE
BAR
PRICE
DIAMETER
EACH
EACH
SIZE
EACH
SIZE
EACH
12"
670
213.95
5/8"
173.00
3/4"
249.10
15"
920
234.95
5/8"
206.10
3/4"
303.20
18"
1,265
264.60
5/8"
234.95
3/4"
335.20
21 "
1,280
290.10
5/8"
295.60
1 "
544.70
24^
1,830
318.70
5/8"
357.25
1 "
705.60
27"
1,930
364.90
3/4"
479.60
1 "
802.75
30"
2,520
406.90
3/4"
528.15
1 "
893.00
33"
3,310
540.25
3/4"
595.35
1"
1,047.40
36"
4,100
639.45
3/4"
633.95
1"
1,125.60
42"
5,380
793.80
3/4"
703.50
1 "
1,238.20
48"
6,550
909.55
3/4"
779.35
11/4"
1,795.00
54"
8,240
1,089.40
1 "
1,348.45
1 1/4"
2,105.80
60"
8,730
1,213.80
1 "
1,638.25
1 1 /4"
2,552.30
66"
10,710
1,371.55
1"
1,954.85
1 1/4"
3,051.85
72"
12,520
1,540.10
in
2,058.25
1 1/4"
3,215.90
78"
14,770
1,836.70
in
2,212.60
1 1/4"
3,462.90
84"
18,160
2,137.80
1"
2,510.30
11/4"
3,927.00
90"
20,900
2,689.05
1"
2,826.85
11/4"
4,414.45
FOR
ARCH PIPE
TRASH GUARDS'
(GALVANIZED)
FLARED
ENDS
STD
HEAVY
EQUIVALENT
SPAN/
WEIGHT
PRICE
BAR
PRICE
BAR
PRICE
DIAMETER
RISE
EACH
EACH
SIZE
EACH
SIZE
EACH
18"
22"-13"
1,090
266.70
5/8"
155.40
3/4"
233.65
24"
29"-18"
1,760
314.20
5/8"
326.30
1 "
675.95
30"
36"-22"
3,280
487.20
3/4"
511.60
1 "
915.10
36"
44"-27"
4,330
636.05
3/4"
552.30
1"
997.75
42"
51 "-31 "
5,260
768.35
3/4"
572.25
1 "
1,014.30
48"
59"-36"
6,380
877.55
3/4"
584.35
11/4"
1,255.80
54"
65"-40"
7,860
1,036.35
1 "
939.25
1 1/4"
1,446.40
60"
73"-45"
9,520
1,203.85
1"
1,359.50
11/4"
2,122.30
72"
88"-54"
13,550
1,834.60
1"
2,298.70
1 1/4"
3,588.65
84"
102"-62"
20,000
2,680.15
Trash guard design per Cretex drawing no. 11551.
See page 19 for adjustable eye bolt tie rod prices.
Prices: FOB truck near as possible to jobsite under own power.
Terms: 2% 30th day - Net 60th day following end of month in which material was invoiced.
Subject to all applicable sales taxes.
Prices for estimating only - subject to change without notice.
01-15-95
FAX TRANSMISSION COVER SHEET
i �,
Hakanson Anderson
Associates,, Inc.
3601 Thurston Avenue
Anoka, MN 55303
(612) 427-5860
Fax. (612) 427-0520
Date:
To:
Fax:
Re:
Sender:
YOU SHOULD RECEIVE 2 PAGE(S), INCL UDING THIS COVER SHEET. IF YO U DO
NOT RECEIVE ALL THE PAGES, PLEASE CALL (612) 427-5860.
Comments:
98
96
94
92
90
88
86
98
96
94
92
90
88
86
CITY OF OTSEGO
EXISTING 60" CMP_CULVERT
MACIVER AVENUE (SOUTH OF 80TH ST.)
C
20 10 U iv
EXISTING COVER IS 2.83'
NO F.E.S. ON EXISTING CMP
LEVEL ® ASSUMED
ELEVATION 100.00'
98
96
94
92
90
ss
1 1/2- WATER
86 IN CULVERT
PROPOSED 60" RCP CULVERT
MACIVER AVENUE (SOUTH OF 80TH ST.)
RAVE ROA
9 .74
LASS 5•
4.
RCP CUL ERT
INV F
I 4n
30 20 10 0 10 20 30
EAST
WEST
98
96
94
92
90
88
86
F: \DWGS-13\OT910MCG.D�
Hakanson
1-111 Anderson
Assoc., Inc.
To:
Attn:
X13601 Thurston Avenue
Anoka, Minnesota 55303
(612) 427-5860
(612) 427-�5?10 Fax
OrrEyo rho c
103 Pine Street
Monticello, MN 55362
(612) 295-5800
(612) 295-4488 Fax
Memorandum
Date:
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471.345 MUNICIPAL. RIGHTS, POWERS, DL?IES 1180
471.345 UNIFORM MUNICIPAL CONTRACTING LAW.
Subdivision 1. Municipality defined. For purposes of this section, "municipality"
means a county, town, city, school district or other municipal corporation or political
subdivision of the state authorized by law to enter into contracts.
Subd. 2. Contract defined. A "contract" means an agreement entered into by a
municipality for the sale or purchase of supplies, materials, equipment or the rental
thereof, or the construction, alteration, repair or maintenance of real or personal prop-
erty.
Subd. 3. Contracts over $25,000. If the amount of the contract is estimated to
exceed $25,000, sealed bids shall be solicited by public notice in the manner and subject
to the requirements of the law governing contracts by the particular municipality or
class thereof provided that with regard to repairs and maintenance of ditches, bids shall
not be required if the estimated amount of the contract does not exceed the amount
specified in section 103E.705, subdivisions 5, 6, and 7.
Subd. 4. Contracts from $10,000 to $25,000. If the amount of the contract is esti-
mated to exceed $10,000 but not to exceed $25,000, the contract may be made either
upon sealed bids or by direct negotiation,.by obtaining two or more quotations for the
purchase or sale when possible, and without advertising for bids or otherwise comply-
ing with the requirements of competitive bidding. All quotations obtained shall be kept
on file for a period of at least one year after receipt thereof.
Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated
to be $10,000 or less, the contract may be made either upon quotation or in the open
market, in the discretion of the governing body. If the contract is made upon quotation
it shall be based, so far as practicable, on at least two quotations which shall be kept
on file for a period of at_least one year after their receipt.
Subd. 5a. County or town rental. contracts. If the amount of a county or town con-
tract for the rental of equipment is estimated to be $60,000 or less, the contract may,
in the discretion of the county or town board, be made by direct negotiation by obtain-
ing two or more quotations for the rental when possible and without advertising for
bids or otherwise complying with the requirements of competitive bidding. All quota-
tions shall be kept on file for a period of at least one year after their receipt.
Subd. 6. Applicability of other laws. The purpose of this section is to establish for
all municipalities, uniform dollar limitations upon contracts which shall or may be
entered into on the basis of competitive bids, quotations or purchase or sale in the open
market. To the extent inconsistent with this purpose, all laws governing contracts by
a particular municipality or class thereof are superseded. In all other respects such laws
shall continue applicable.
CITY OF OTSEGO
UEST FOR COUNCIL ACTION
11 AGENDA SECTION: DEPARTMENT: MEETING DATE II
115. CONSENT AGENDA (Non Controversial items) 12/8/97 - 6:30PM 11
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC
5.1. Council approval of Resolution No. 97.18 A Resolution Approving a
Mighty Kids Grant Application to the State of Minnesota.
BACKGROUND:
At last Council Meeting of 11/24/97 the Council instructed Mike
Robertson, Interim City Administrator to review the Mighty Kids Grant
and work with the Park and Recs. Dept. on same. Attached is
information,a Memo and a Resolution No. 97.18 for Council
Consideration. Mike Robertson has compiled this information and will
be here to explain same and answer any questions
RECOMMENDATION:
The Staff recommends approval of Resolution No. 97.18.
Thanks,
Elaine
tib'o�*]
Date: December 3, 1997
To: Mayor & Council
From: Interim City Administrator Mike Robertson
Re: Mighty Kids Grant Application
I discussed the Mighty Kids grant application with
Jeff Bartheld of the Park & Recreation Commission.
I told Jeff that I thought that at this late date
in the year that the Council could probably not
find any additional money in the budget to support
applying for a matching grant. Jeff agreed to
focus on applying for a grant which did not require
the City to provide any matching funds.
Jeff suggested applying for funds to seed the
ballfields so that they can be used for soccer and
softball as well as T -ball. Jeff thought this
would be a good project for the grant because it
was a high priority of the Park & Rec Commission
and because some Councilmembers had questioned
whether City funds should be expended for grass
seed. This way no City funds would be used for the
project.
The City Council must pass a resolution of support
for the grant application, which must be in to the
State by December 31, 1997. I have enclosed a
Resolution supporting the grant application.
pc: City Staff
RESOLUTION NO. 97-18
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
A RESOLUTION APPROVING A MIGHTY RIDS
GRANT APPLICATION TO THE STATE OF MINNESOTA
WHEREAS, the Minnesota Amateur Sports Commission
(MASC), via the State of Minnesota General Fund,
provides funds to assist political subdivisions of
the State of Minnesota for the development of youth
sports and recreation programs, and;
WHEREAS, the City of Otsego desires to use these
funds for facility upgrades by improving its
soccer, T -ball, and softball fields. This will
increase the amount of recreational programs that
can be offered and increase the amount of
participants in those programs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF OTSEGO, MINNESOTA:
1. The total cost of the program is estimated at
$2,500 and the City of Otsego is requesting $2,500
from the State of Minnesota General Fund.
2. That City Administrator Michael Robertson is
authorized and directed to execute said application
and serve as the official liaison with the
Minnesota Amateur Sports Commission.
Dated this 8th day of December, 1997.
CITY OF OTSEGO
Larry Fournier, Mayor
ATTEST:
Elaine Beatty, City Clerk
M E M O R A N D U M
TO: Otsego City Council
FROM: Parks and Recreation Commission
DATE: November 19, 1997
RE: Mighty Kids Youth Sports Grant Program
Background:
The State of Minnesota has appropriated $800,000.00 for grants to expand or
upgrade recreation programming within communities. As shown on page 722 of the
attached announcement, funds may be used for:
A. Supervision or Coaching
B. Instructional or Marketing Materials
C. Membership or Participation Fees
D. Sport or Recreational Equipment
E. Facility Rental
F. Facility Upgrade
G. Transportation
The goal is to increase participation in youth sports and recreation programming.
Applications are due by December 31, 1997 and grants will be announced on January
26, 1998. Grant amounts range from $500.00 to a maximum of $20,000.00.
Matching funds are based on a sliding scale dependent on the grant request amount
and may be either actual dollars or in-kind contributions. Match requirements are as
follows:
Grant Request
$ 500 - $2,500
$2,501 - $5,000
$5,001 - $20,000
Match Requirement
No Match
.50C $1.00
$1.00 / $1.00
At the October 18th Parks Commission meeting the Commission discussed the
possibilities of pursuing funds for the following purposes:
Priority ivi
1 Subsidize Ride the
Rec Program
2 Subsidize Ice Skating
Lessons
$1,200.00 Reduce cost to
participants, increase
participation and
re -implement program
$300.00 Same
3 Youth Volleyball Clinics $ 500.00 Finish facilities and pay
for instructors thereby
reducing costs. New
Program.
4 Re -seed Softball & Soccer $2,500.00* Make fields useable for
Fields softball, youth baseball
instead of limiting to T -
ball. Make soccer field
useable.
Purchase Materials & Goals $ 7,500.00* * Develop facility to
for Hockey Rinks make available for
youth.
TOTAL $12,000.00
* In kind contribution of $1,250.00 to disc, seed & light drag fields at $ 250.00/acre.
** In kind contribution consisting of labor to construct rink ($5,000.00)
Of the $12,000.00, an in kind match would be $6,250.00 based on five acres of disc,
seed & drag @ $250.00/acre ($1,250.00) and labor for constructing hockey rink
($5,000 based on 800 hours at $6.25/hr.). The actual grant amount could be for
approximately $6,000.00. Alternatively, the City could pursue a grant for
$12,000.00, use in kind contributions for approximately half the required match and
match $6,000.00 in funds for additional facility improvements.
Another option would be to apply for up to $2,500.00 for programming which would
require no match.
CITY OF OTSEGO
UEST FOR COUNCIL ACTION
II AGENDA SECTION: DEPARTMENT: MEETING DATE II
119. COUNCIL ITEMS: December 8,1997 - 6:30PM II
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC
9.1. Consideration of Park and Rec. as follows:
a. Review Applications
b. Set date to interview candidates
C. Consider Park and Recs. request for 3rd alternate
d. Approve resignation of Michelle Tarka
BACKGROUND:
Jeff Bartheld, Chair of Park and Recs. Commission was at the 11/24/97
Council Meeting and asked to have the Council consider the above
items. The Council requested that we have these items on 12/8/97
agenda. See attached two applications. We need to set a date for
interviews if Council agrees. Attached also is a Memo from Jeff
Bartheld for your consideration dated 12/1/97. For your information,
the Council has not formally approved the resignation of Michelle
Tarka, but she has moved out of town. The 3rd Alternate position is
being asked for so Roche Martin can remain on the Park and Recs.
Commission as an alternate Ord alternate).
RECOMMENDATION:
This is for Council information Decision/Approval. Please also Approve
the resignation of Michelle Tarka. We did not get a formal letter as
she left so quick.
Th ks,
Elaine
DATE: 12/1/1997
TO: THE MAYOR & CITY COUNCIL
FROM: THE OTSEGO PARKS & RECREATION COMMISSION
RE: THE ADDITION OF COMMISSION MEMBERS
LADIES & GENTLEMEN,
IN LIGHT OF RECENT RESIGNATIONS, AND REQUESTS TO BE MOVED TO
DIFFERENT ASSIGNMENTS ON THE COMMISSION, WE HAVE EXPERIENCED A
DIFFICULTY TO ACHIEVE A QUORUM ON OCCASION.
WE FEEL THE ADDITION OF A 3RD ALTERNATE POSITION WILL ALLEVIATE
THIS PROBLEM, PLUS GIVE US THE INSIGHT OF YET ANOTHER MEMBER
OF OUR COMMUNITY.
AT PRESENT TIME, WE HAVE 2 CANDIDATES APPLYING FOR THE OPEN
COMMISSION SEAT THAT WAS HELD BY MICHELLE TARKA, SO THIS WOULD
BE THE PERFECT TIME TO IMPLEMENT THIS NEW POSITION.
IF YOU SHOULD HAVE ANY FURTHER QUESTIONS ABOUT THIS REQUEST,
PLEASE FEEL FREE TO CONTACT ME ANY TIME.
ALL OF US ON THE PARKS & RECREATION COMMISSION HOPE YOU CAN
TAKE ACTION ON THIS REQUEST AS SOON AS POSSIBLE.
THANK YOU FOR YOUR CONSIDE T ON
JEFF BARTHELD, CHAIRMEN
OTSEGO PARKS & RECREATION COMMISSION
CC:
THE MAYOR
CITY COUNCIL
P.& R. COMMISSION MEMBERS
CITY STAFF
To: Chairman Jeff Bartheld
Otsego Parks and Rec Commission
From: Roche L. Martin, Commissioner
Date: October 15, 1997
Re: Resignation as commissioner
It is with great thought and regret that I wish to submit my resignation as
a Parks and Rec Commissioner with the City of Otsego and request to be
placed on alternate status. While I have greatly enjoyed my tenure on the
commission, I have found my ability to commit time becoming less and
less as my children grow up and my job responsibilities expand. My hope
is that another candidate might be able to offer more of a commitment in
helping the City of Otsego grow at this time.
Please inform me regarding the status of this request.
cc: City Council
OTSEGO, MINNESOTA
PARK AND RECS COMISSION
APPLICANT QUESTIONNAIRE
The City of Otsego has received your indication of interest
to serve as a member of the Park and Recreation Commission.
In order to assist the City Council in evaluating candidates
and selecting individuals, you are requested to provide a
response to the items listed below:
NAME fijIGH4F_L T DAY
ADDRESS 9)YO 00104 COC-cfLTA 07-SIF60 14 IMA% -55330
PHONE 117&-'y030
Length of residency in the City A)Ew RESzD6n�T yN �Ecrt3tiZ
Do you work in Otsego? YES i< NO
Please list community organizations in which you are or have
been involved:
Ijo" E
Please indicate what qualifications or experience you may
have which will assist the Parks and Recs. Comm. and the
City?
GornpvTciZ SX;LLs
E L ecr��,rc:,, 6ACK6Ro�,^ D
What do you consider the role and responsibility of the
Park and Recs Comm.?
�o
/hR7NT-43T1
AN J _TMPiCuvE THj_
G=ty �J�Rxf.
TO
Ad� 'M T - WE
TA -1 OTS C -G U
OTSEGO PARK AND RECS COMMISSION
APPLICATION QUESTIONAIRE PAGE -2-
What do you consider to be the major problems being
confronted by the City of Otsego Park and Recs Comm?
:4-: -}M N4 AwAR E pr- C.�,2�L E�uT 7 S Su 61
What do you consider to be the major assets of the community?
PEOP(, E
L o C k- r*0 ^J
OPEN AKSA•S AND PRRKf
Other comments=
Please return this questionnaire in the enclosed, self-
addressed stamped envelope within five days from the date of
receipt. Thank you.
OTSEGO, MINNESOTA
PARK AND RECS COMMISSION
APPLICANT QUESTIONNAIRE
The City of Otsego has received your indication of interest
to serve as a member of the Park and Recreation Commission.
In order to assist the City Council in evaluating candidates
and selecting individuals, you are requested to provide a
response to the items listed below:
NAME ► . M .
ADDRESS 1L11nq 5 9
A 14 S�r Nuc -��e an
PHONE 4 \-1 r)os
Length of residency in the City Z- �Z y VS
Do you work in Otsego? YES _NO
Please list community organizations in which you are or have
been involved: YnvLti,,c� is Ck%S Ce $ a;•
"nexIA- cajvv-•
1 oc.a-\ oY-c�a:��.•z-a� �mS 10� �- � �. �Y � cyst- � �;�- �ti�
\ov c1u�6-
C�V0
G c,v ► �-; �S , o. ✓,d C.Y�av� t -t eS Svc9, G -s -�
Please indicate what qualifications or experience you may
have which will assist the Parks and Recs. Comm. and the
City?iNev e. pc�'nc.��a}ed a severCAA bnardS l Pobii L
6CA' bo\ frv'-S Co ;� yr�SS� or, , Av,l� ,1, S / �ll�uZ. Cv �►-� n��Ny J
.I- 1na.At may, exl2� sive baGlccl�c�rd ivy ✓v�clnac��✓N2r�i-1
C,V'cA 4-vie--
What
hZWhat do you consider the role and responsibility of the
Park and Recs Comm.?
ouv_ yesoufcer as rese r-,4 e »
b Qrwjc ��al�� Vecvea-hroa� areas grid e\1 et�f S PO�
l-� �e o PI cv 0 ur C 0 Or ✓Y' � i hf , Cv� d 4 v e,c � a L-, ci
�L'ne�e.� POS�;b;\�ieS Sro✓ 00✓' qr���:��n j Cl
OTSEGO PARK AND RECS COMMISSION
APPLICATION QUESTIONAIRE PAGE -2-
What do you consider to be the major problems being
confronted by the City of Otsego Park and Recs Comm?
�ecrA Qa:rl� r�.� �o �.iz C-. t"6 I -S 0"' d"'rev KZ
U h Jew C
Y`rw)• W " o n S �5 �au� �o iso\ �-I�
What do you consider to be the major assets of the community?
Pr rvV." septi h� e,asj acce5Sk 6 ti Am all o( Aa,�
U�ba•�n 1 vxune5-- -�.,` bei off- b�,, U•:,ov\c�5•
0 v � ) 5��'S � r� c.Lv bei � a-vode.. \ o`r3 �- 1-.� vv�c.6til'.�.✓5 — 1^0
��t��-v'csuxi� � Cv r' Ytu'N•, Po iex�.ha-\ , a�� `11�,i S iS 0.- UY�.OS�
r �so� ice � - a.-c�.� pc�k_s � �•�.- V-�`�-e.�.' , ��-c, ...
Other comments:
C Y'% ax we -AI, s e d� ell
Please return this questionnaire in the enclosed, self-
addressed stamped envelope within five days from the date of
receipt. Thank you.
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
DEPARTMENT MEETING DATE
Council Items
December 8, 1997
ITEM NUMBER:
ITEM DESCRIPTION: PREPARED BY:
9.4
Road Maintenance Agreement Mike Robertson
w/City of Albertville City Administrator
Attached is the revised agreement based on changes suggested at the last Council meeting. Linda
Houghton, City Clerk of Albertville, suggested that we pass it with the changes and send it to
Albertville. She will pass it on to the City Council. I have already faxed her a draft copy of the
agreement.
STAFF RECOMMENDATION
Approve the agreement, sign it, and forward it to the Albertville Council for their approval.
AGREEMENT FOR SHARING ROAD EXPENSES
BETWEEN THE CITIES OF OTSEGO AND ALBERTVILLE
WHEREAS, the City of Otsego and the City of Albertville have certain shared streets
located along the boundaries of the respective jurisdictions; and,
WHEREAS, the two cities desire to set forth in writing their agreement as to
responsibilities for maintenance and sharing of expenses for said shared streets; and,
WHEREAS, the shared streets which are the subject of this Agreement are as follows:
1. 70th Street (CSAH 19 to Kadler Avenue)- bituminous paved, designed to 10 ton
capacity with 12 foot lanes and 4 foot paved shoulders.
2. 70th Street (CSAH 19 to MacIver Avenue)- gravel surfaced with approximately 22 feet
of driving surface.
3. MacIver Avenue (70th Street to 62nd Street)- gravel surfaced with approximately 22
feet of driving surface.
4. Kadler Avenue (70th Street to dead end)- gravel surfaced with approximately 20 feet of
driving surface with limited turn around.
5. Kadler Avenue (CSAH 37 North to I-94)- gravel surfaced with approximately 16 feet
of driving surface.
6. Kadler Avenue (CSAH 37 to 60th Street)- gravel surfaced with approximately 20 feet
of driving surface.
NOW THEREFORE, the City of Otsego and the City of Albertville agree as follows:
1. The maintenance to be completed by the municipalities as assigned in this Agreement is
defined as follows; the care and upkeep of the existing roadway so as to provide a durable
all weather transportation route, including the following, motor patrol blading, dust
control, gravel overlay, crack sealing, seal coating, periodic replacement of culverts,
mowing, signage and replacement of signage.
a. On gravel roads, regular maintenance includes grading the road periodically with
a motor patrol grader, during the frost free season. Grading will occur once a week during
the summer unless it is determined by the party responsible for maintenance, and at their
sole discretion, that less frequent grading is necessary.
b. Gravel road maintenance also includes adding new gravel to the surface
approximately every four years. Depending upon traffic volumes and weather and soil
conditions, additional spot gravel may be needed from time to time. The frequency of
adding gravel to the surface shall be at the sole judgment and discretion of the City
responsible for maintenance, and upon notification to the City of Albertville.
c. During the snow season regular maintenance shall include plowing the
designated streets after each two inch or more snow event, or more frequently depending
upon drifting conditions.
d. Bituminous surfaced streets will be maintained by crack sealing and seal coating
periodically. Crack sealing shall be performed on average every two to three years. Seal
coating will be done on average every five to seven years. Streets that are striped for
traffic lanes will be re -striped after seal coating and when markings cannot be clearly
distinguished by motorists.
2. The City of Otsego agrees to provide the regular street maintenance as set forth above
upon the roads listed above with equipment and operators sufficiently skilled to perform
the necessary maintenance.
3. The City of Albertville agrees to compensate the City of Otsego for said services at a
rate which equally divides the costs of such maintenance, including one half the cost of all
materials and one half of all reasonable charges for time and equipment (including fuel
costs and costs for depreciation of equipment) provided by the City of Otsego, at those
rates contained within this Agreement, subject to yearly adjustment by resolution of the
Otsego City Council and notification of any changes provided to the Albertville City
Council.
4. Maintenance concerns on these shared roads will be directed to the City of Otsego
which shall respond to concerns raised using the normal criteria for priority of response
used throughout the City.
5. Otsego shall provide two years in advance its proposed maintenance program for such
items as seal coating, crack sealing, culvert replacement, and graveling.
6. The City of Otsego will maintain and install street and traffic signs along the shared
roads designated for maintenance in this Agreement. New signs, if needed, will be installed
at cost plus the reasonable hourly cost for time and equipment as set forth above, these
costs will be shared equally.
7. Grass and weeds will be cut at least once per year on the inslopes of the designated
roads. Additional mowing will be done as needed, at the discretion of the Otsego
Maintenance department.
8. All costs related to administration of this Agreement and drafting of the Agreement and
any addendum to the same shall be shared equally.
9. In the event that there is a dispute regarding the terms and conditions of this Agreement
the following process shall be followed: the dispute shall be first submitted to the standing
Public Works Subcommittees of each City at a joint meeting. If no resolution is reached at
such a meeting, the matter may be referred to the City Councils of both Cities which can
either resolve the matter or agree upon a neutral third party to arbitrate the dispute. All
costs related to resolution of the dispute shall be shared equally between the Cities.
10. This Agreement may be dissolved by either party hereto with six months notice to the
other party in the form of a resolution passed by a majority of the City Council delivered
to the other party. Dissolution of this Agreement shall not relieve either party from any
financial obligation incurred because of the Agreement.
11. If any portion of this Agreement is held to be invalid by a Court of competent
jurisdiction the invalidity of that portion or portions shall not effect the validity of the
other terms and conditions of this Agreement.
ADOPTED by the Otsego City Council on this day of , 1997.
IN FAVOR:
OPPOSED:
ADOPTED by the Albertville City Council on this day of , 1997.
IN FAVOR:
OPPOSED:
CITY OF OTSEGO: CITY OF ALBERTVILLE:
MAYOR
MAYOR
CITY CLERK CITY CLERK
CITY OF OTSEGO
UEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE
9. COUNCIL ITEMS: December 8,1997 - 6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB, CC
9.5. City Clerk's Update:
a. Update on Street Lighting Policy
BACKGROUND:
Attached you will find information on the contract with Wright
Hennepin Electric and a proposed Resolution Establishing Street
Lighting Policy Within the City of Otsego. This information was
reviewed by the P.C. but was never adopted by the Council. This is in
response to the 11/14/97 Council Meeting when this item came up.
The Council could not agree on the policy at the time it was brought
up and was never passed. The Contract attached was instead agreed
upon to solve the problem at hand. One reason the policy was not
adopted is that we did not have a way to bill the cost back to the
resident.
RECOMMENDATION:
This is for Council information.
T nks,
Elaine
Northwest Associated Consultants, Inc.
U R B A N PLANNING • DESIGN - MARKET RESEARCH
TO: Otsego Mayor and City Council
FROM: Bob Kirmis
DATE: 20 August 1992
RE: Otsego - Street Lighting Policies
FILE NO: 176.08
Attached please find a resolution establishing street lighting
policies for the City of Otsego.
The policies provided have been reviewed and recommended for
adoption by the Planning Commission. This material is to be
considered at the forthcoming 14 September Council meeting.
If you have any questions or comments regarding this material,
please do not hesitate to call.
pc: Elaine Beatty
Bill Radzwill/Andrew MacArthur
Larry Koshak
5775 Wayzata Blvd. - Suite 555 - St. Louis Park, MN 55416 - (612) 595 -9636 -Fax. 595-9837
CITY OF OTSEGO, MINNESOTA
RESOLUTION NO.
RESOLUTION ESTABLISHING STREET LIGHTING POLICY
WITHIN THE CITY OF OTSEGO
WHEREAS, the City of Otsego has provided street lighting in
various areas of the City in past years; and
WHEREAS, street lighting promotes pedestrian and traffic
safety and security; and
WHEREAS, the growth of the City and increase in the cost to
the City for electrical energy and maintenance of the street lights
is accelerating each year; and
WHEREAS, the street light system serves developed areas of the
City at a higher level of intensity; and
WHEREAS, an equitable policy of providing street lighting,
assessing installation costs and allocating energy and maintenance
costs to the most benefitted areas is deemed necessary by the City
Council.
NOW THEREFORE BE IT RESOLVED by the City Council that the
following policies be established for the City of Otsego:
1. The City shall pursue means and measures to establish a
street lighting billing system to benefitted property
owners.
2. Development contracts for new subdivisions shall require
developers to pay for the operation and maintenance of
the street lights for a period of two (2) years or until
such time as building permits have been issued for ninety
(90) percent of the subdivision's lots, whichever occurs
last. The first year of operation and maintenance shall
not commence until such time as the final plat is
accepted by the City and it is formally recorded.
3. All light standards within residential areas of the City
shall be a cobra head style, mounted upon a wooden pole.
At such time when urban section streets are constructed
within the City, light fixture standards within
residential areas shall be reconsidered. The said
fixture style shall be approved by the City Council and
based upon the recommendation of the City Engineer and/or
applicable utility company.
4. All light standards for commercial, industrial, or
institutional developments or white -way areas shall be
subject *to approval by the City Council and based upon
recommendation of the City Engineer and/or applicable
utility company.
5. The placement of commercial, industrial, institutional
and traf f is safety lighting shall be at the discretion of .
the City Council upon the recommendations of the City
Engineer, Maintenance Supervisor, appropriate law
enforcement agency and Highway Engineer, and Minnesota
Department of Transportation.
6. Utility companies which have service areas within the
City of Otsego shall be provided a copy of Otsego's
street lighting policies to insure understanding and
compliance with standards.
7. The street lighting requirements as provided in the
City's Subdivision Ordinance (Section 21-8-11) shall be
as follows:
The minimum requirement for street lighting
facilities shall be one (1) eight thousand (8,000)
lumen light, or equal, at each street intersection
within or abutting the subdivision. At least one
(1) street light shall be erected within blocks
having a length of nine hundred (900) feet or
greater an no street light shall be located within
two hundred fifty (250) feet of another street
light except for white -way areas. Light standards
shall be approved by the City.
8. Any new residential, commercial, industrial, or
institutional development shall have a street lighting
plan prepared by the developer submitted as a part of the
development plan, and approved by the City Council with
costs of the approved installation paid by the developer.
Exceptions to the plan submission requirement may be
allowed at the Council's discretion.
9. Any area of the City already developed, but without
street lighting or with inadequate street lighting may
have street lights installed, at the City's expense, if
no less than fifty (50) percent of the property owners
within nine hundred (900) feet of a requested street
light improvements) petition for the said improvements)
and/or if the City Council finds that improved street
lighting is necessary for the public health, safety and
welfare.
10. In commercial, industrial and institutional areas, the
costs of installing street lighting in accordance with a
plan approved by the City Council shall be paid by the
developer.
11. When the City Council deems it necessary to install a
street light to protect the public health, safety and
welfare at a street intersection or along a State or
County highway, the monthly energy and maintenance cost
shall be paid by the City from the General Fund.
12. Only energy efficient high pressure sodium street lights
shall be installed.
13. The lighting standard in residential areas may range from
100 watt High Pressure Sodium (H. P. S) . to 175 watt H.P.S.
The wattage in commercial, industrial and institutional
areas shall be reviewed by the City Council for each area
in determining the intensity of wattage of the street
lights.
14. These policies may be revised and/or modified pending
further study.
APPROVED AND ADOPTED THIS DAY OF
ATTEST:
Jerome Perrault, City Clerk
3
Norman F. Freske, Mayor
1992
STREET LIGH'T'ING CONTRACT Gc— rah
gi�93
THIS CONTRACT, dated January 1, 1993, between Wright -Hennepin Cooperative
Electric Association, a Minnesota Corporation hereinafter callleed "Ctheostate of "Mind innesota
of Otsego, a municipal corporation of Wright County,
hereinafter called "Customer .
WITNESSETH: That the parties hereto, each in consideration of the agreement of the
other, agree as follows:
omer with
1. KIND OF SERVICE: The Cooperative agrees to supply the Rate Schedule
illumination or service as designated in the Cooperative Owned Legh g
attached hereto and made a part of this Contract for facilities located as shown on
Exhibit(s) attached.
2. CHANGES AND ADDITIONS: When requested by the Customer and pursuant
to the additional conditions attached hereto, the Cooperative will provide additional street
lights. When there is a major change in the number, size or type of light source, or at
least once each calendar year when there have been changes in service,
the Cooperative
will prepare revised or new exhibits. Such revised or new exhibits shall be considered
incorporated herein when the parties have caused said exhibits to be executed. In the
event additional sizes or types of street lights are available from the Cooperative and
desired by the Customer, the applicable Rate Schedule shall be expanded to include these
additional lights and their respective rates. This section shall not apply for
Customer -owned street lighting.
3. TERMS: This Contract shall be in force for a period of 5 years commencing on
January 1, 1993, and shall continue in force thereafter for periods of 5 years unless
terminated b written notice of cancellation given by either party to the other not
less than 30 days prior to the expiration of any of said 5 year periods pro
in no event shall this Contract
be extended beyond the period for which the
Customer may legally bind itself.
4. PAYMENT' OF BILLS: All bills are payable at the Cooperative's office on or
before the 30th day succeeding date the bill is rendered.
5. ADDITIONAL CONDITIONS: The Customer agrees to accept and pay for such
service in accordance with the rates, rules and regulations of the Cooperative in
effect from time to time for the class of service. Rates presently in effect for
services hereunder shall be supplied for the Customer's use subject to agreements
contained herein and in the "Additional Conditions" attached hereto and made a
part of this Contract.
6. TERMINATION OF PRIOR CONTRACTS: It is agreed that, on the effective
date hereof, this Contract terminates all prior contracts covering street lighting
service furnished hereunder.
Irl WITNESS WIEREOF, the parties hereto have caused this Contract to be duly
executed.
In the presence of:
(Witnesses as to Cooperative)
NORMAN F FRE SKE , MAYOR
(Witnesses as to (,,ustomer)
By:
General Manager
2
�A
r
WRIGHT COOPERATIVE
ELECTRIC ASSOCIATION
JEROME PERRAULE, CLERK
39 13474 NE 95TH ST
OTSEGO MN 55330 441-4414
CITY OF OTSEGO
ADDITIONAL CONDTT'IONS
1. If bills are not paid when and as provided, the Cooperative shall have the right to ceasefurnishing
street lighting service and the Customer's liability shall not be avoided nor any right
Cooperative waived by said acts of the Customer and the Cooperative.
2. In the event the Cooperative is prevented from Performing the contract wholly or in part by reasole
n
of any cause not reasonably within its control including fire,lus on, flood,
strike
oad right of way; voib
accident, Federal, State or Municipal construction within public P ora practically
Cooperative will (except in the event of awls ��total 1 diligence of
ts put itself' and its works in
total suspension of its business) proceed l of electric energy and the performance of the contract.
condition to resume and continue the supply erative will furnish as much electric
During the existence of such interruption or cessation, the Cop rorata, with the rightful
energy and other service called for by the contract as it is able to furnish, p or
requirements of its own uses and the iiSeS use of within the on oll of other customers. In the the Cooperativent of the ve, including
interruption of service by reason of any ca not
the above mentioned causes, it is understood
that thextenot of a p oratarative lredu be
niaml the char eg for
caused by such interruption of serve except
street lighting service.
3. It is understood that all poles, wires, fixtures, apparatus and other material as may be used by the
is out the contract shall be and remain the property of the Cooperative and that
Cooperative in carrying on sets and
the Cooperative shall have the right to insihe s h e II expiration upontithe ontractys at locations,
approved by the customer; and to remove
4.- The Customer grants to the Cooperative during the term hereof, authority to cut or trim all trees and
shrubs in streets and alleys of the Customer that interfere with the proper erection and to bemaintenance
ne at red by
of said poles, wires, fixtures, apparatus and other material. Any and all damageP
the Cooperative.
e thereof
5. The rates specified in the contract are the Cooperative's
onioapt ti If, during a contract term, the tCoope alive and the Customer may obtain
communities which are similarly served an
reduces such rates, the Cooperative agrees to notify the Customer
service at the reduced rates by signing a new contract incorporating such reduced rates. If, during
a contract term, the Cooperative increases meh iotmakethe
suchCooperative
eased ratesreserves
effectiv�et on at on service
30 days prior written notice to the customer
furnished; however, the Customer may, by prior written notice to the Cooperative, terminate the
contract at the effective date of the increased rates.
6. The Cooperative will install street lights as may be requested in writing and duly authorized by the
if in the of the
Customer from time to time during the con
tinuance of the contract,
Cooperative, the revenue to be derived therefrom will justify the expenditure Thisuse� ement t on shall of
apply for Customer -owned street lighting.
7. The location of street lights and related facilities mabe changed at any time the Customer desires
y
by payment to the Cooperative of the cost incurred in making such change. This section shall not
apply for Customer -owned street lighting.
ovide
tion
g. The Cooperative's obligations to make newst�hetneigesting saryinstallations permits and riighto-ofrwaY across private
shall be contingent on the Cooperative having
property without cost to the Cooperative.
3
WRIGHT-HMMPIN COOPERATIVE ELECTRIC ASSOCIATION
COOPERATIVE OWNEDLIGHTING
I. Availability
Available for year -around illumination to all residential,
farm, commercial, and governmental members at available
secondary voltages.
II. Conditions
A. The light must be installed for a minimum two (2) year
period.
tion contribution may be required for
B. Aid-to-construc
line extensions or special poles.
C. The lights will be unmetered.
D. All new installations shall be High Pressure Sodium
lamps.
E. A street light contract may be required for large
quantities of lig
F. The Cooperative will replace bulbs and make repairs
for normal wear.
G. If a light is vandalized 3 times in a one year period,
it will be de -energized for six months.
Package I
Designed for low cost area lighting, this package includes
a Cobra -Head or �armopen
oGlobe
f flood lightlocated on
Style
light
four
anto
sixteen foot mar
existing pole.
Wattage Monthly Rate
100 W HPS
$ 7.30
(11)
150 W HPS
$ 8.40
(20)
250 W HPS
$16.05
(21)
400 W HPS
$18.00
(32)
* Existing Services Only
Wattage
* 175 W MV
* 250 W MV
* 400 W MV
Monthly Rate
$ 7.30 (1)
$12.50 (2)
$15.55 (3)
Iv. Package II
Designed as an attractive style of lighting for roadways
and parking lot areas. This package utilizes a direct
buried (**) 35 foot fiberglass or metal pole, together
with a Cobra -head, floodlight, or shoe box style light
s an ornamental
fixture. Also, included in this
ect bpacedgl8ifoot fiberglass
style light fixture o
n a pole.