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04-13-98 CC
CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT. PREPARED BY: MEETING DATE 4. OPEN FORUM: ;3 -Min. Limit) Elaine Beatty Council of 3/23/98 6:30PM ITEM NUMBER. ITEM DESCRIPTION: PREPARED BY: EB,CC 4A. Continuation of Council Annual Review of CUP for Dennis Fehn (For Grading, Mining and Excavation CUP) BACKGROUND: This item came before the Council at our last meeting of March 9, 1998 for annual review of CUP for mining. We had a petition from Terry Olson and neighbors in Hassan Township, across the Crow River from the Mining. Discussion was had on hours of operation and noise and traffic, etc. (Minutes are in the packet). It was decided that Dennis Fehn should bring back information on logs for for times the trucks are hauling and Mr. Olson is to bring back any additional information he has. (Letters from neighbors,and original petition with signatures, etc.) Continuation of Hearing for Council Meeting of March 23, 1998. RECObfl-IENDATION : This is for Counci_ information and any action/Decision. Thanes, E=aine V CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 4. Open Forum Elaine Beatty Council of 4/13/98 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB, CC 4.A. Second continuation of Council Annual Review of CUP for Dennis Fehn (For Grading, Mining and Excavation CUP) (See attached additional information) BACKGROUND: This is the second continuation of this item for Review of CUP for Dennis Fehn. The first meeting in March this was brought forward. Dennis Fehn was asked to provide information on times that the trucks were arriving and departing the site (See attached information). Mr. Terry Olson was to bring a petition with the actual signatures of the residents in Hassan Township. He also stated he would have some letters. (See attached signed petition and information). At the 2nd Council Meeting in March neither Dennis Fehn or Terry Olson came to the meeting. They told me they were not aware we have two meetings a month. They will be at this meeting. For your information, we received a check from Mr. Fehn for $2,845.10 to cover the 5 cents per yd. fee to the C_ty for mining for _997. As you probab_y remember, this was added at the last years review of this CUP. We also have received a new Letter of Credit from Highland Banks, dated March 16, 1998 to continue the $10,000.00 Letter of Credit for proper mining closure insurance. RECOI24ENDATION : This is for Council discussion and decision. Thanks, Laine APR 07 '98 10:41 FR SCINED PURCHASING 612 494 1503 TO 94418823 P.02/02 Date: October 21, 1997 To: Otsego Town Hall From: Residents near the Dennis Fehn Gravel Pit Operation on the Wayne L.ehn Farm Subject: Petition to limit hours and days of operation of Dennis Fehn Gravel Operation to Weekdays 7 -5 We would like to request that the Dcnnin Fehn Gravel Pit Operation located on the Wayne Zahn Farm be limited to normal working hours and work days. The constant noise from back-up beepers, heavy equipment, rock crushing and trucks is very annoying in a residential environment. The initial permit was granted under protest from residents from Crow River Heights and Crow River Terrace, neighborhoods across the river from the operation that existed prior to the mining operation. We were told by Dennis Fein at a Franfort Town Hall meeting that the operation would be part-time and would not involve rock crushing. The Frankfort Council told everyone that die permit is a yearly conditional use permit that could be modified if complaints were cited. Now the operation ka running constantly during the summcr Monday thru Friday, 7:00 AM to 7:00 PM, Saturday until 3:00 and rock crushing has been added to the per.. Dennis Fehn was recently contacted by a representative of the neighborhood and was asked to curtail the working hours, the representative was told that we need to take, this issue up with the Otsego Council. Therefore, we would like the Otscgo Council to consider our request for some quiet time after everyone comes home from work this summer and limit the hours of operation to Monday - Friday, 7:00 AM - 5:00 PM. Name Address .s ** TOTAL PAGE.02 ** APR 07 '98 10:41 FR SCIMED PURCHASING 612 494 1503 TO 94418823 P.01i02 SCINIED Boston scientific Corporation FAX TRANSMISSION DATE: ATTENTION: COMPANY: FAX: -NUMBER OF PAGES (including this one): FROM: r` DIRECT PHONE NO: / T r �z/&, �� -- -- — SCIMED Life Systems, Inc. Switchboard Tel: (612) 494-1900 6655 Wedgwood Rd. Purchasing Fax: (612) 494-1503 Maple Grove, MN 55311-1566 f -Z - 0' 7e�� -Z z'f2— / Owe 4E! 7Z IVA--c APR. 2.1998 2:59PM DENNIS FERN GRAVEL NO.378 P.2i2 is MINW\I t nnzx Amount: S 10,000 ,00 1 much 16,1998 Ladies and Gentlemen: We hereby establish our Irrevocable Letter of Credit in your favor at the request of and for the account of Dennis and Bertha Felin (hereinafter called "Principal', in the aggregate amount of Ten Thousand and no/100 U.S. Dollars (U.S. $10,000.00) available upon surrender of this Letter of Credit to us accompanied by your sight draft(s) drawn on us. All drafts drawn under this Letter of Credit must be marked "Drawn on the Highland Bank Letter of Credit No. 962" and must be accompanied by this original Letter of Credit and a certified statement signed by the drawer of the draft stating that Dennis and Bertha Felxu have not completed as requested, the final grading on property PID #207-100-162200 in the City of Otsego. We engage with you that all drafts drawn under and in strict compliance with the terms of this Letter of Credit will be duly honored if presented with this original Letter of Credit during regular business hours at our main office located at 701 Central Avenue East, St. Michael, Minnesota 55576 not later than 4:00 p.m. St. Michael time on March 16, 1999, at which time this Letter of Credit shall expire and become null and void. This Letter of Credit sets forth in full our undertaking, which shall not in any way be modified, amended, amplified or limited by reference to any document, instrument, agreement or other writing, except only the sight drafts referred to herein. We are not to be called upon to resolve any issues of law or fact between you, the Principal or any other person or entity. This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits, 1993 Revision, International Chamber of Commerce Publication No. 500. Sincerely, The Highland Bank By: Todd Peterson Title: Asst. Vine President 701 CENTRAL AvF,_ FAST P.O. Box 110 Sr. MicHAP.L, MN 55376 (612) 497-2131 FAX(612)497-4353 CITY OF OTSEGO 8899 NE NASHUA AVE. ELK RIVER. MN 55330 (812) 441-4414 2866 O.S /Il' 'Y-40' yvo �a �r �: Illp"0l ;YV-4.0 ,Mlle • �./�r # Ig - /997 'i�/A j,"Do P, /,csa' f 4/,/Y << //-"Av c b •DD c' /IW j 4,10 a2d .c gw_z-TA/ a l�"Ae �'•jv it wl �''.44 �D6 qoy�� 41, ago PM �a Kyo ,f•'aD a ,O"d r41n IOW yJo y'a �z day .0/,tyom Ao ..� y.�P � �•.s� fit 6 y-� t �•:�9 Pte' � a23 l�"Ae �'•jv it wl �''.44 �D6 qoy�� 41, ago PM �a Kyo ,f•'aD a ,O"d r41n CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 6.Dan Licht, Assistant City Planner Elaine Beatty Council of: 4/13/98 6:30PM I TEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB , CC 6.1. Consider an amendment to Section 204-6 of Otsego Zoning Ordinance RE: Cancellation of CUP's (NAC Memo Attached) 6.2. Any other Planning Business BACKGROUND• This item came to the P.C. for Hearing on March 18, 1998. Attached you will find the P.C. Minutes. Also attached is the proposed Ordinance Amendment as recommended by the Otsego P.C. RECONdENDATION : This is for Council discussion and decision. The P. C. has recommended unanimously to adopt this ordinance amendment as written. T: n' , Elaine CITY OF OTSEGO PLANNING COMMISSION MEETING CITY COUNCIL WORKSHOP (Comp. Plan) March 18,1998 - 8 PM 1„ Chair Swenson will call meeting to order: Chair Swenson called the March 18, 1998 Planning Commission Meeting to order at 8:00 PM. Roll Call: Planning Commission: Chair; Carl Swenson, Commission members; Ing Roskaft, Arleen Nagel, Eugene Goenner, Richard Nichols, and Jim Kolles. Bruce Rask excused absence. City Council: Larry Fournier, Mayor; Councilmembers; Virginia Wendel, Vern Heidner, Mark Berning, and Suzanne Ackerman. Staff: John Harwood, City Engineer; Bob Kirmis, Assistant City Planner; Elaine Beatty, City Clerk/Zoning Administrator; Jerry Olson, Building Official; Carol Olson, Secretary. 2 Consideration ----=-e'"" 1� �'^"*oc of March 4. 1998: Arleen Nagel - Page 3, Item #6 - There appeared to be something missing. Eugene Goenner stated that the question was if re -subdivision was going to be allowed. Change is - add "in new sewered district" Vern Heidner - Page 3, Item 6, last line add "there are" after and. RICHARD NICHOLS MOTIONED TO ACCEPT THE PLANNING COMbIISSION MINUTES OF MARCH 4,1998, WITH CHANGES. ARLEEN NAGEL SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED. 3 Puhlic Hearing to consider Amendment to the_Otcgg�illg ordinance - CITP Processing (Section 20-4-6) Chair Swenson opened the Public Hearing. Elaine Beatty stated that the proper publications and postings had been made. �V Bob Kirmis went over the Amendment to Sec.20-4-6 of the Zoning Ordinance. This �l � amendment would allow the Administrator to grant a 90 day extension from the initial CUP expiration date. Also the City Council may grant an extension up to one year t upon recommendation from the Planning Commission and City Staff. The changes are �(1 highlighted in the Draft Ordinance. Chair Swenson opened the Public Hearing for comments. There was none. Chair Carl Swenson brought the Hearing back to the Planning Commission for discussion. Eugene Goenner questioned the number of extensions. Bob Kirmis stated that Sec.20-4-6. B.2. states-"-rti,P PYrP^Sion ch 11 not exceed one vear from the initial conditional ase permit exnira i n date" (see attached) Under Sec.20-4-6.A.3.- The consensus was to add the word "Administrative " to denote the type of extension being granted. Vern Heidner - There are to be no charges for an administrative extension, but something needed to be added to address costs incurred under Sec. 20-4-6.B. MPR -23-1998 09:23 INC MEMORANDUM a`r e 612 595 9837 P.01i01 NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARK[T RESEARCH TO: Otsego Mayor and City Council FROM: ' Bob Klrmis DATE: 20 March 1998 RE: Otsego - Zoning Ordinance Amendment - CUP Processing FILE NO: 176.08 - 98.01 Attached please find a revised draft amendment to Section 20-4-6 of the Zoning Ordinance regarding the expiration of conditional use permits. The amendment has been revised to incorporate text modification suggested at the 18 March Planning Commission meeting. This item is scheduled for City Council consideration on 13 April. PC: Mike Robertson Elaine Beatty Andy MacArthur John Harwood 5775 WAYZATA BOULEVARD, SUITE SSS ST. LOUIS PARK, MINNESOTA 5541 6 'PHONE 61 2-595-9536 FAX 612-595-9837 E-MAIL NAC@W1NTERNET.COM TOTAL P.01 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA ORDINANCE NO 98- 3 AN ORDINANCE AMENDING SECTION 20-4-3 OF THE OTSEGO ZONING ORDINANCE REGARDING THE CANCELLATION OF CONDITIONAL USE PERMITS. THE CITY OF OTSEGO ORDAINS: Section 1. Section 20-4-6 of the Otsego Zoning Ordinance (Cancellation of Conditional Use Permits) is hereby amended to read as follows: 20-4-6: EXPIRATION OF CONDITIONAL USE PERMITS: A. Unless otherwise specified by the City Council at the time it is authorized, a conditional use permit shall be null and void and expire if the applicant fails to utilize such conditional use permit and fulfill each and every condition attached thereto within one (1) year from the date of its authorization unless a petition for an extension of time in which to complete or utilize the permit has been granted by the Zoning Administrator provided that: 1. The extension is requested in writing and filed with the City at least thirty (30) days prior to the expiration of the initial conditional use permit request. 2. The request for extension states facts demonstrating that a good faith attempt has been made to complete or utilize the use or activity permitted in the conditional use permit. 3. A maximum of one (1) administrative extension shall be granted. 4. The extension shall not exceed ninety (90) days from the initial conditional use permit expiration date. 5. There shall be no charge for the filing of a petition for an administrative extension. B. Upon receiving a recommendation from the Planning Commission and City staff, the City Council may grant an extension of the conditional use permit of greater than ninety (90) days provided that 1. The conditions described in subsection A.1-3 above are satisfied. 2. The extension shall not exceed one (1) year from the initial conditional use permit expiration date. 3. The filing of a petition for extension is subject to fee requirements established by City Council resolution. Section 2. This ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this 13TH day of Aril _1998. CITY OF OTSEGO BY' Lar 710urnier, Mayor ATTEST: BY: J Elaine Beatty, City lerk/Zoning inistrator Posted: 4/15/98 - Otsego City Hall Published: 4/22/98 - Elk River Star News 2 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 7. Andrew MacArthur, City Attorney Elaine Beatty Council of: 4/13/98 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB, CC 7.1. Discussion of contract with Dayton for Wastewater Treatment Capacity. 7.2. Update on 62ND ST 7.3. Consider Ordinance Regulating Right -of -Ways in Otsego 7.4. Consider Assessors Contract 7.5. Any Other Legal Business BACKGROUND: Attached for your information is Mr. MacArthur's letters and memo's for Agenda Items 7.1. - 7.4. He will be at the Council Meeting to explain his information and answer any questions. RECONdENDATION: This is for Council discussion and decision where necessary. ThApks, Laine William S. Radvvill Andreiv J. MacArthur Michael C. Couri Marcus W. Miller April 8, 1998 Otsego City Council c/o Elaine Beatty, City Clerk Otsego City Hall 8899 Nashua Avenue Otsego, iV1N 55330 7..7 - RADZWILL & CO URI Attunuys au Law 705 Coural Avenue East PO Buz 369 St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) Re: Resolution Accepting 62"`1 Street Dear Council Members: Please find enclosed for your review a resolution accepting 62"d street as a dedicated half street. Quit Claim Deeds have gone out to the appropriate parties for signature. However, as of today we have not received all of the deeds back. If we have all of the deeds by Monday's meeting, then we will be requesting Council action on the enclosed resolution. If the deeds have not been returned, then this mattes- will need to be rescheduled for a later time. I thank you for your kind attention to this matter. You ry t -u 1 c i'larcus W. Lliller RaDZWILL & COURI i✓i`VivI/klub Enclosure NOWTHERFORE BE IT RESOLVED, by the Otsego City Council that 62nd street is accepted as a half -street dedicated to the public and, at such time as further development occurs in the area, 62"d street will be improved and upgraded to a full street. Dated: Larry Fournier, Mayor City of Otsego WN -W." Elaine Beatty, City Clerk CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION ACCEPTING 62ND STREET AS A DEDICATED HALF -STREET Resolution No. WHEREAS, a private street, known 62od street, located in the City of Otsego has been plowed and maintained by the City for a period of time in excess of six (6) years; and WHEREAS, the property owners abutting 62°d street have, in the past, paid for snow plowing; and WHEREAS, these property owners have requested that the City accept 62nd street as a public street and have each conveyed a sixteen and one-half (16.5) foot easement, for road purposes, to the City over, across and under the existing street; and WHEREAS, the property owner to the south of the existing street has conveyed an additional sixteen and one-half (16.5) foot easement, as well as a ninety (90) by ninety (90) foot turn -around easement; and WHEREAS, the total width of the street easement conveyed to the City is thirty- three (33) feet, or half of a full sixty-six (66) foot street; and WHEREAS, the Otse�,o City Council finds that it is in the best interests of the health, safety and welfare of the citizens of Otsego to accept 62"' street as a dedicated half street. William S. Radzfvill Andrew J. MacArthur Michael C. Court Marcus W. Miller April 8, 1998 Otsego City Council c/o Elaine Beatty, City Clerk Otsego City Hall 8899 Nashua Avenue Otsego, MN 55330 ,-1-,3 RADZWILL & COURI Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) Re: Model Right -of -Way Ordinance Dear Council Members: Please find enclosed a copy of the League of Minnesota Cities model right-of-way ordinance, which has been modified to suit the City of Otsego. I forward this ordinance to you per the request of Andy MacArthur. We do not at this time request that you take action on it. However, we do request that you look it over and get back to us with any comments or concerns which you may have. The ordinance has been forwarded to the City Administrator and Engineer for comment as well. I draw your attention to just a few of its provisions. Please note that on page 10 section 1.08 subdivision 3, the ordinance provides that the City Council will from time to time establish a delay penalty. Also, on page 11 section 1.11 provides that excavation and obstruction permit fees shall be established by the Director. The Director, as defined under this ordinance, is the City Administrator. The Council may wish to provide some direction concerning these fees. Moreover, the fees should be set high enough so that they will at least covers engineering costs incurred under this ordinance. Finally, page 19 section 1.23 subdivision 3. This section provides that facilities found in a public right-of- way that have not been registered within one year, as provided in this ordinance, shall be deemed a nuisance. Obviously, there are many more provisions in this ordinance. I draw your attention to these particular provisions because they involve either council action or future deadlines. Please do not hesitate to contact us if you have any comments or questions. Yo ly, J �;J Marcus W. Miller RADZWILL & COURI MWM/khb Enclosure CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION AUTHORIZING PUBLICATION OF RIGHT-OF-WAY ORDINANCE TITLE AND SUMMARY Resolution No. 98-12 WHEREAS, the Otsego City Council has adopted an ordinance entitled `Ordinance to Regulate the Public Right -of -Way in the Public Interest, and to Provide for the Issuance and Administration of Right -of -Way Permits; and WHEREAS, the above -referenced ordinance is lengthy and, further, the Council finds that publication of the title and a summary of the ordinance, conforming to the requirements of Minnesota Statutes §331A.01 subdivision 10, will clearly inform the public of the intent and the effect of the ordinance; and WHEREAS, a copy of the proposed summary, prepared by the City Attorney, is attached hereto and incorporated herein by reference. NOWTHERFORE BE IT RESOLVED, by the Otsego City Council that the City Clerk is authorized and directed to publish the attached ordinance summary in the City's official newspaper in lieu of publication of the actual ordinance. An copy of the complete ordinance shall be made available at the City offices for public inspection. Dated: April 13, 1998 G Lai tit' Foy pier, Mayor C of Otsego ATTE T: Laine Beatty,city lerk City of Otsego State of Minnesota County of Wright SUMMARY OF ORDINANCE TO REGULATE THE PUBLIC RIGHT OF WAY IN THE PUBLIC INTEREST, AND TO PROVIDE FOR THE ISSUANCE AND ADMINISTRATION OF RIGHT-OF-WAY PERMITS The following is a summary of Ordinance Number L 2, City of Otsego, County of Wright, State of Minnesota. A complete copy of the ordinance is available for inspection at the Otsego City Hall during normal business hours. The purpose of this ordinance is to regulate, manage and control the use public Right -of -Ways within the City of Otsego, including the establishment of permit requirements and fees, location and relocation of equipment and facilities within public Right -of - Ways, the administration and maintenance of public Right -of -Ways and establishing penalties for ordinance violations . The primary objective of this ordinance is to protect the public's interest in its Right -of Ways. The Otsego City Council finds that regulation, maintenance and administration of public Right -of -Ways, as set forth in the ordinance, is in the best interests of the health, safety and welfare of Otsego's citizens. The ordinance specifically applies to and regulates those, such as utility and telecommunications companies, seeking to use or occupy a public Right -of -Way by placing or locating equipment of facilities, such as underground cable, in the public Right -of -Way. The ordinance requires those responsible for installation and maintenance of equipment and facilities with the public Right -of -Way to register with the City. This registration must occur prior to construction, installation, repair or relocation of equipment or facilities within a public Right -of Way. The ordinance requires registrants to provide and report certain specified information. The ordinance provides for obstruction and excavation permits and sets forth the conditions under which such permits are required. Also, the ordinance indicates circumstances under which permits will be issued and provides for possible permit extensions when necessary. The ordinance establishes permit fees. The ordinance requires that public Right -of -Ways be restored, at a Permittee's expense, after complete of work. The City is given the right to conduct restoration, should Permittee fail to do so, and to bill the Permittee for the costs associated therewith. The ordinance requires registrants to provide "mapping" data on equipment or facilities located within the public Right -of -Way. Mapping data is collected to allow the City to know where beneath a public Right -of -Way equipment and facilities are located. The City may specify "corridors" for future location of equipment of facilities. Finally, the ordinance specifies penalties for violations and provides limited liability and indemnity to the City. This ordinance summary is adopted this 13tr-0f A ri 1998. In favor: Mayor Larry Fournier, COuncilMembers, Vern Heidner, Suzanne Ackerman, Virginia Wendel and MArk Berning Opposed: No one City of Otsego Larry , Mayor Attest: Elaine Beatty, City Clerk Posted: 4/14/98 - ofsego Posting Boards Published: 4/22/98 - Elk River Star NEws Adopted: 4/13/98 - CC City of Otsego No. 98-2 County of Wright State of Minnesota ORDINANCE TO REGULATE THE PUBLIC RIGHT OF WAY IN THE PUBLIC INTEREST, AND TO PROVIDE FOR THE ISSUANCE AND ADMINISTRATION OF RIGHT-OF-WAY PERMITS THE COUNCIL OF OTSEGO ORDAINS: Right -of -Way Management Sec. 1.01. Findings and Purpose. The primary objective of this ordinance is to protect the public's interest in its Right -of Ways. The Otsego City Council Finds that regulation, maintenance and administration of public Right -of -Ways, as set forth in the ordinance, is in the best interests of the health, safety and welfare of Otsego's citizens. Specifically, the Council makes the following findings: 1. Demands for usable space over, under and across public Right -of -Ways threaten to exceed the already limited space practically available in ,existing public Right -of - Ways. 2. Because systems are typically installed in shallow trenches, the streets are restored in narrow -ribbons" which deteriorate faster than the surrounding street surface and shorten the original design life, thereby increasing costs to taxpayers. 3. Lengthy and uncoordinated construction, installation, repair or relocation of equipment or facilities within the public Right -of -Ways add to existing hazards and inconvenience for motorists and pedestrians. 4. Telecommunication companies and users are not paying there fair share of the costs to acquire, develop and maintain public Right -of -Ways. 5. Efficient management and regulation of public Right-of=Ways can ensure economical access to City owned water, storm drain and sanitary sewer systems, as well as economical access for all other current and future users of public Right - of -Ways. The ordinance seeks, among, other thins, to accomplish the following objectives: 1. Eliminate hidden subsidization of private companies by tax pavers. 2. Protect the public health, safety, welfare and convenience. 3. Ensure the structural integrity and quality of streets. 4. Minimize detours and bottlenecks on public streets do to lengthy and uncoordinated constriction activity within public Right -of -Ways. 5. Make efficient use of the limited space below the public Right -of -Way to ensure both access by private utility and communications companies, as well as economical access to City owned water, storm drain and sanitary sewer systems. Sec. 1.02. Definitions. The following definitions apply to the terms indicated below and found throughout this Ordinance. References hereafter to "sections" are unless otherwise specified references to sections in this Ordinance. Defined terms remain defined terms whether or not capitalized. (a) "Applicant" means any Person requesting permission to Excavate or Obstruct a Right -of -Way. (b) "City" means the City of Otsego, Minnesota. For purposes of section 1.28, City means its elected officials, officers, employees and agents. (c) "Managernent Costs" means the actual costs the City incurs in managing its Rights -of --Way, including such costs, if incurred, as those associated with registering Applicants; issuing, processing, and verifying Right -of - Way Permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user Facilities during Right - of -Way work; determining the adequacy of Right -of -Way restoration; restoring work inadequately performed after providing notice and the opportunity to collect the work; and revoking Right -Of -Way Permits. Management costs do not include payment by a Telecommunications Right - of -Way User for the use of the Right -of -Way, the fees and cost of litigation relating to the interpretation of Minnesota. Session Laws 1997, Chapter 123; Minnesota Statutes Sections 237.162 or 237.163 or any ordinance enacted under those sections, or the City fees and costs related to appeals taken pursuant to Section 130 of this Ordinance. (d) "Degradation" means a decrease in the useful life of the Right -of -Way caused by excavation in or disturbance of the Right -of -Way, resulting in the 2 need to reconstruct such Right -of -Way earlier than would be required if the excavation did not occur. (e) "Degradation Cost" means the cost to achieve a level of restoration as determined by the City at the time the permit is issued, not to exceed the maximum Restoration shown in plates 1 to 13, set forth in proposed PUC rules parts 7819.9900 to 7819.9950. (f) "Degradation Fee" means the estimated fee established at the time of permitting by the City to recover costs associated with the decrease in the useful life of the Right -of -Way caused by the excavation, and which equals the Degradation Costs. (g) "Department" means the Department of Public Works of the City. (h) "Director" means the City Administrator, or his or her designee, or such other Person authorized by City Council resolution to carry out the duties assigned to the Director pursuant to this Ordinance . (i) "Delay Penalty" is the penalty imposed as a result of unreasonable delays in Right -of -Way construction. 0) "Emergency" means a condition that (1) poses a clear and immediate danger to life or health, or of a significant loss of property; or (2) requires iminediate repair or replacement of Facilities in order to restore Service to a customer. (k) "Equipment" means any tangible asset used to install, repair, or maintain Facilities in any Right -of -Way. (1) "Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of a Right -of -Way. - (m) "Excavation Permit" means the permit which, pursuant to this Ordinance, must be obtained before a Person may Excavate in a Right -of - Way. An Excavation Permit allows the holder to Excavate that part of the Right -of -Way described in such permit. (n) "Excavation Permit Fee" means money paid to the City by an Applicant to cover the costs as provided in Section 1.1 1. 3 (o) "Facility or Facilities" means any tangible asset in the Right -of -Way required to provide Utility Service. (p) "Inspector" means the City Engineer, or such other Person authorized by the City Council resolution to carry out inspections related to the provisions of this Ordinance. (q) "Local Representative" means a local Person or Persons, or designee of such Person or Persons, authorized by a Registrant to accept Service and to make decisions for that Registrant regarding all matters within the scope of this Ordinance. (r) "Obstruct" means to place any tangible object in a Right -of -Way so as to hinder free and open passage over that or any part of the Right -of -Way. (s) "Obstruction Permit" means the permit which, pursuant to this Ordinance, must be obtained before a Person may Obstruct a Right -of -Way, allowing the holder to hinder free and open passage over the specified portion of that Right -of -Way by placing Equipment described therein on the Right -of -Way for the duration specified therein. (t) "Obstruction Permit Fee" means money paid to the City by a Permittee to cover costs as provided in Section 1.11. (u) "Patch or Patching" means a method of pavement replacement that is temporary in nature. A Patch consists of (1) the compaction of the subbase and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimurn of two feet beyond the edges of the excavation in all directions. A Patch is considered full Restoration only when the pavement is included in the City's five year project plan. (v) "Permittee" means any Person to whom a permit to Excavate or Obstruct a Right -of -Way has been granted by the City under this Ordinance. (w) "Person" means any natural or corporate Person, business association or other business entity including, but not limited to, a partnership of any kind, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity. 4 (x) "Probation" means the status of a Person that has been found in noncompliance with the conditions of this Ordinance. (y) "Probationary Period" means one year from the date that a Person has been notified in writing that they have been put on Probation. (z) "Registrant" means any Person who (1) has or seeks to have its Equipment or Facilities located in any Right -of -Way, or (2) in any way occupies or uses, or seeks to occupy or use, the Right -of -Way or place its Facilities in die Right -of -Way. (aa) "Construction Performance Bond" means a performance bond, or other form of security posted to ensure the availability of sufficient funds to assure that Right -of -Way Excavation and Obstruction work is completed in accordance with the terms of the Right -of -Way Permit, or other applicable State law or local regulation. (bb) "Restore or Restoration" means the process by which a Right -of -Way is returned to the same condition and life expectancy that existed before excavation. (cc) "Restoration Cost" means the amount of money paid to the City by a Permittee to achieve the level of restoration according to plates 1 to 13 of PUC rules. (dd) "Right -of -Way" means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the City. A Right -of -Way does not include the airwaves above a Right -of -Way with regard to cellular or other nonwire telecommunications or broadcast service. (ee) "Right -of -Way Permit" means either the Excavation Permit or the Obstruction Permit, or both, depending on the context, required by this Ordinance. (ff) "Service" or "Utility Service" includes but is not limited to (1) those services provided by a public utility as defined in Minn. Stat. § 216B.02, subds. 4 and 6; (2) telecommunications, pipeline, community antenna television, fire and alai -in communications, water, electricity, light, heat, cooling energy, or power services; (3) the services provided by a corporation organized for the purposes set forth in Minn. Stat. § 300.03; (4) 5 the services provided by a district heating or cooling system; and (5) cable communications systems as defined in Minn. Stat. Chap. 238; and a (6) Telecommunication Right -of -Way User as defined in (kk). (gg) "Supplementary Application" means an application made to Excavate or Obstruct more of the Right -of -Way than allowed by, or to extend, a permit that had already been issued. (hh) "Telecommunication Rights -of -Way User" means a Person owning or controlling a Facility in the Right -of -Way, or seeking to own or control a Facility in the Right -of -Way, that is used or is intended to be used for transporting telecornrnunication or other voice or data information. For purposes of this Ordinance, a cable communication system defined and regulated under Minn. Stat. Chap. 2381 and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minn. Stat. Sec. 216B.02, a municipality, a municipal gas or power agency organized under Minn. Stat. Chaps. 453 and 453A, or a cooperative electric association organized under Mimi. Stat. Chap. 308A, are not Telecommunications Right -of -Way Users for purposes of this Ordinance. (ii) "Unusable Facilities" means Facilities in the Right -of -Way which have remained unused for one year and for which the Registrant is unable to provide proof that it has either a plan to begin using it within the next twelve (12) months or a potential purchaser or user of the Facilities. Sec. 1.03. Administration. The Director is the principal City official responsible for the administration of the Rights -of -Way, Right -of -Way Permits, and the ordinances related thereto. The Director may delegate any or all of the duties hereunder. Sec. 1.04. Utility Coordination Committee The City may create an advisory utility coordination committee. Participation on the committee is voluntary. It will be composed of any registrants that wish to assist the City in obtaining information and by making recommendations regarding use of the right-of-way, and to improve the process of performing construction work therein. The Director may determine the size of such committee and shall appoint members from a list of registrants that have expressed a desire to assist the city. L Sec. 1.05. Registration and Right -of -Way Occupancy. Subd. 1. Registration. Each Person who occupies, uses, or seeks to occupy or use, the Right -of -Way for purposes of placing, maintaining or repairing any Equipment or Facilities in the Right -of -Way, including Persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the Director. Registration will consist of providing application information and paying a registration fee. Subd. 2. Registration Prior to Work. No Person may construct, install, repair, remove, relocate, or perforin any other- work on, or use any Facilities or any part thereof in any Right -of -Way without first being registered with the Director. Subd. 3. Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a City ordinance permitting Persons to plant or maintain boulevard plantings or gardens in the area of the Right -of -Way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the Right -of -Way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this Ordinance. However, nothing herein relieves a Person from compliance with the provisions of the Minn. Stat. Chap. 216D, "One call" Law. Sec. 1.06. Registration Information. Subd. 1. Information Required. The information provided to the Director at the time of registration shall include, but not be limited to: (a) Each of the following, if applicable; Registrant's name, Gopher One - Call registration certificate number, address, e-mail address, telephone and facsimile numbers. (b) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a Local Representative. The Local Representative or designee shall be available at all times. Current information regarding how to contact the Local Representative in an Emergency shall be provided at the time of registration. (c) A certificate of insurance or self-insurance: ( I ) Verifying that an insurance policy has been issued to the Registrant by an insurance company licensed to do business in the 7 State of Minnesota, or a form of self insurance acceptable to the Director; (2) Verifying that the Registrant is insured against claims for Personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the Right -of -Way by the Registrant, its officers, agents, employees and Permittees, and (ii) placement and use of Facilities in the Right -of -Way by the Registrant, its officers, agents, employees and Permittees, including, but not limited to, protection against liability arising fi-om completed operations, damage of underground Facilities and collapse of property; (3) Naming the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; (4) Requiring that the Director be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; (5) Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the Director in amounts sufficient to protect the City and the public and to cavy out die purposes and policies of this Ordinance. (d) The City may require a copy of the actual insurance policies. (e) If the Person is a corporation, a copy of the certificate required to be filed under Minn. Stat. § 300.06 as recorded and certified to by the Secretary of State. (f) A copy of the Person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other- applicable state or federal agency, where the Person is lawfully required to have such certificate from said Commission or other state or federal agency. Subd. 2. Notice uf*Chun,-,es. The Registrant shall keep all of the information listed above current at all times by providing to the Director information as to changes within fifteen ( 15) days following the date on which the Registrant has knowledge of any change. 0 Sec. 1.07. Reporting Obligations. Subd. 1. Operations. Each Registrant shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan for underground Facilities with the Director. Such plan shall be submitted using a format designated by the Director and shall contain the information determined by the Director to be necessary to facilitate the coordination and reduction in the frequency of excavations and Obstructions of Rights -of -Way. The plan shall include, but not be limited to, the following information: (a) The locations and the estimated beginning and ending dates of all Projects to be commenced during the next calendar year (in this section, a "Next -year Project"), and (b) To the extent known, the tentative locations and estimated beginnmi g and ending dates for all Projects contemplated for the five years following the next calendar year (in this section, a "Five-year- Project"). The term "project" in this section shall include both Next -year Projects and Five- year Projects. By January 1 of each year the Director will have available for inspection in the Director's office a composite list of all Projects of which the Director has been informed in the annual plans. All Registrants are responsible for keeping themselves informed of the current status of this list. Thereafter, by February 1, each Registrant may change any Project in its list of Next -year Projects, and must notify the Director and all other Registrants of all such changes in said list. Notwithstanding the foregoing, a Registrant may at any time join in a Next -year Project of another- Registrant listed by another Registrant. Subd. 2. Additional Newt -year Projects. Notwithstanding the foregoing, the Director will not deny an application for a Right -of -Way Permit for failure to include a project in a plan submitted to the City if the Registrant has used commercially reasonable efforts to anticipate and plan for the project. Sec. 1.08. Permit Requirement. Subd. 1. Permit Required. Except as otherwise provided in this Code, no Person may Obstruct or Excavate any Right -of -Way without first having obtained the appropriate Right -of -Way Permit fi-om the Director to do so. 9 (a) E_rcuvution Permit. An Excavation Permit is required by a Registrant to Excavate that part of the Right -of -Way described in such permit and to hinder free and open passage over the specified portion of the Right -of - Way by placing Facilities described therein, to the extent and for the duration specified therein. (b) Obstruction Permit. An Obstruction Permit is required by a Registrant to hinder free and open passage over the specified portion of Right -of -Way by placing Equipment described therein on the Right -of -Way, to the extent and for the duration specified therein. An Obstruction Permit is not required if a Person already possesses a valid Excavation Permit for the same project. Subd. 2. Permit E_rtensions. No Person may Excavate or Obstruct the Right -of - Way beyond the date or dates specified in the permit unless such Person (i) makes a Supplementary Application for another Right -of -Way Permit before the expiration of the initial permit, and (ii) a new permit or permit extension is granted. Subd. 3. Delay Penalty. Notwithstanding subd. 2 of this section, the City shall establish and impose a Delay Penalty for unreasonable delays in Right -of -Way excavation, Obstruction, Patching, or Restoration. The Delay Penalty shall be established frorn time to time by City Council resolution. Subd. 4. Permit Display. Permits issued under this Ordinance shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the Director. Sec. 1.09. Permit Applications. Application for a permit is made to the Director. Right -of -Way Permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: (a) Registration with the Director pursuant to this Ordinance; (b) Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed Facilities. 10 (c) Payment of money due the City for ( l) permit fees, estimated Restoration Costs and other Managment Costs; (2) prior Obstructions or Excavations; (3) any undisputed loss, damage, or expense suffered by the City because of Applicant's prior excavations or Obstructions of the rights-of-way or any Emergency actions taken by the City; (4) franchise or user fees, if applicable. (d) Payment of disputed amounts due the City by posting security or depositing in an escrow account an amount equal to at least 110% of the amount owing. (e) When an Excavation Permit is requested for purposes of installing additional Facilities, and the posting of a Construction Performance Bond for the additional Facilities is insufficient, the posting of an additional or larger Construction Performance Bond for the additional Facilities may be required. Sec. 1.10. Issuance of permit; conditions. Subd. 1. Permit Issuance. If the Applicant has satisfied the requirements of this Ordinance, the Director shall issue a permit. Subd. 2. Conditions. The Director may impose reasonable conditions upon the issuance of the permit and the performance of the Applicant thereunder- to protect the health, safety and welfare or when necessary to protect the Right -of -Way and its current use. Sec. 1.11. Permit Fees. Subd. 1. E.rcavation Permit Fee. The Excavation Permit Fee shall be established by the Director in an amount sufficient to recover the following costs: (a) the City Management Costs; (b) Degradation Costs, if applicable. Subd. 2. Obstruction Permit Fee. The Obstruction Permit Fee shall be established by the Director and shall be in an amount sufficient to recover the City Management Costs. Subd. 3. Payment of'Permit Fees. No Excavation Permit or Obstruction Permit shall be issued without payment of Excavation or Obstruction Permit Fees. The City may allow Applicant to pay such fees within thirty (30) days of billing. Subd. 4. Non refundable. Permit fees that were paid for a permit that the Director has revoked for a breach as stated in Section 1.21 are not refundable. Sec. 1.12. Right -of -Way Patching and Restoration. Subd. 1. Timin- The work to be done under- the Excavation Permit, and the Patching and Restoration of the Right -of -Way as required herein, must be completed within the dates specified in the permit, increased by as marry days as work could not be done because of extraordinary circumstances beyond the control of the Permittee or when work was prohibited as unseasonal or unreasonable under Section 1.15. Subd. 2. Patch and Restoration. Permittee shall Patch its own work. The City may choose either- to have the Permittee restore the Right -of -Way or to Restore the Right -of -Way itself. (a) City Restoration. if the City restores the Right -of -Way, Permittee shall pay the costs thereof within thirty (30) days of billing. If, during the thirty- six (36) months following such Restoration, the pavement settles due to Permittee's improper backfilling, the Permittee shall pay to the City, within thirty (30) days of billing, all costs associated with having to correct the defective work. (b) Permittee Restoration. If the Permittee Restores the Right -of -Way itself, it shall at the time of application for an Excavation Permit post a Construction Performance Bond in an amount determined by the City Engineer to be sufficient to cover the cost of Restoration. If, within thirty- six (36) montlis after completion of the Restoration of the Right -of -Way, the City Engineer determines that the Right -of -Way has been properly Restored, the surety on the Construction Performance Bond shall be released. 12 Subd. 3. Standards. The Permittee shall perform Patching and Restoration according to the standards and with the materials specified or approved by the City Engineer. The City Engineer shall have the authority to prescribe the manner and extent of the Restoration, and may do so in written procedures of general application or on a case-by-case basis. The City Engineer in exercising this authority shall comply with PUC standards for Right -of -Way Restoration and shall further be guided by the following considerations: (a)The number, size, depth and duration of the excavations, disruptions or damage to the Right -of -Way. (b) The traffic volume carried by the Right -of -Way; the character of the neighborhood surrounding the Right -of -Way; (c) The pre -excavation condition of the Right -of -Way; the remaining life expectancy of the Right -o f -Way affected by the excavation; (d) Whether the relative cost of the method of restoration to the Permittee is in reasonable balance with the prevention of an accelerated depreciation of the right-of-way that would otherwise result from the excavation, disturbance or damage to the Right -of -Way; and (e) The likelihood that the particular- method of restoration would be effective in slowing the depreciation of the Right -of -Way that would otherwise take place. Subd. 4. Guarantees. By choosing to Restore the Right -of -Way itself, the Permittee guarantees its work and shall maintain it for thirty-six (36) months following its completion. During this 36 -month period it shall, upon notification from the Director, correct all restoration work to the extent necessary, using the method required by the City Engineer. Said work shall be completed within five (5) business days of the receipt of the notice from the Director, exclusive of weekends, legal holidays, periods during which work cannot be done because of circumstances beyond Permittees reasonable control or days when work is prohibited as unseasonal or unreasonable under Section 1.1 5. Subd. 5. Failure to Restore. If the Permittee fails to Restore the Right -of -Way in the mariner and to the condition required by the City Engineer, or fails to satisfactorily and timely complete all Restoration required by the City Engineer, the City at its option may do such work. In that event the Permittee shall pay to the City, within thirty (30) days of billing, the cost of Restoring the Right -of -Way. If 13 Permittee fails to pay as required, the City may exercise its rights under the Construction Performance Bond. Subd. 6. Degradation Cost in Lieu of Restoration. In lieu of Right -of -Way Restoration, a Right -of -Way user may elect to pay a Degradation Fee. However, the Right -of -Way User shall remain responsible for Patching and the Degradation Fee shall not include the cost to accomplish these responsibilities. Sec. 1.13. Joint Applications. Subd. 1. Joint Application. Registrants may jointly apply for permits to Excavate or Obstruct the Right -of -Way at the same place and time. Subd. 2. With City Projects. Registrants who join in a scheduled Obstruction or excavation Performed by the City, whether or not it is a joint application by two or more Registrants or a single application, are not required to pay the Obstruction and Degradation portions of the permit fee. Subd. 3. Shared Fees. Registrants who apply for permits for the same Obstruction or excavation, which the City does not perform, may share in the payment of the Obstruction or Excavation Permit Fee. Registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. Sec. 1.14. Supplementary Applications. Subd. 1. Limitation on Area. A Right -Of -Way Permit is valid only for the area of the Right -of -Way specified in the permit. No Permittee may do any work outside the area specified in the permit, except as provided herein. Any Pernittee which determines that an area greater than that Specified in the permit must be Obstructed or Excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension. Subd. 2. Limitation on dates. A Right -of -Way Permit is valid only for the dates specified in the permit. No Permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a Permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive die new Permit or an extension of the old permit before working after the end date of the previous permit. This Supplementary Application must be done before the permit end date. 14 Sec. 1.15. Other Obligations. Subd. L Compliance With Other Laws. Obtaining a Right -of -Way Permit does not relieve Permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the City or other applicable rule, law or regulation. A Permittee shall comply with all requirements of local, state and federal laws, including Minn. Stat. §§ 216D.01-.09 ("One Call Excavation Notice System"). . A Permittee shall perform all work in conformance with all applicable Y codes and established Arles and regulations, and is responsible for all work done in the Right -of -Way pursuant to its permit, regardless of who does the work. Subd. 2. Prohibited Work. Except in an Emergency, and with the approval of the Director, no Right -of -Way Obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. Subd. 3. Interference with Right-of=Way. A Permittee shall not so Obstruct a Right -of -Way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the Right -of -Way may not be parked within or next to a permit area, unless parked in conformance with City parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. Sec. 1.16. Denial of permit. The Director may deny a permit for failure to meet the requirements and conditions of this Ordinance or if the Director- determines that the denial is necessary to protect the health, safely, and welfare or when necessary to protect the Right -of -Way and its current use. Sec. 1.17. Installation Requirements. The excavation, backfilling, Patching and Restoration, and all other work performed in the Right -of -Way shall be done in conformance with Engineering Standards adopted by the PUC or other applicable local requirements, in so far as they are not inconsistent with the PUC Rules. Sec. 1.18. Inspection. Subd. 1. Notice o1 Completion. When the work under any permit hereunder is completed, the Permittee shall furnish a Completion Certificate in accordance PUC Rules. 15 Subd. 2. Site Inspection. Permittee shall make the work -site available to the City Engineer and to any other- City employees or agents and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. Subd 3. Authority of Director. (a) At the time of inspection the Director may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public. (b) The Director may issue an order to the Permittee for any work which does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the Permittee shall present proof to the Director that the violation has been corrected. If such proof has not been presented within the required time, the Director may revoke the permit pursuant to Sec. 1.21. See. 1.19. Work Done Without a Permit. Subd. 1. Emergency Situations. Each Registrant shall immediately notify the Director of any event regarding its Facilities which it considers to be an Emergency. The Registrant may proceed to take whatever actions are necessary to respond to the Emergency. Within two business days after the occurrence of the Emergency the Registrant shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this Ordinance for the actions it took in response to the Emergency. If the Director becomes aware of an Emergency regarding a Registrant's Facilities, the Director will attempt to contact the Local Representative of each Registrant affected, or potentially affected, by the Emergency. In any event, the Director may take whatever action it deems necessary to respond to the Emergency, the cost of which shall be borne by the Registrant whose Facilities occasioned the Emergency. Subd. 2. Non -Emergency Situations. Except in an Emergency, any Person who, without first having obtained the necessary pernit, Obstructs or Excavates a Right - of -Way must subsequently obtain a permit, and as a penalty pay double the normal 16 fee for said permit, pay double all the other fees required by this Ordinance, deposit with the Director the fees necessary to correct any damage to the Right -of - Way and comply with all other requirements of this Ordinance. Sec. 1.20. Supplementary Notification. If the Obstruction or Excavation of the Right -of -Way begins later or ends sooner than the date given on the permit, Pennittee shall notify the Director- of the accurate information as soon as this information is known. Sec. 1.21. Revocation of Permits. Subd. 1..Substantial Breach. The City reserves its right, as provided herein, to revoke any Right -of -Way Permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by Permittee shall include, but shall not be limited to, the following: (a) The violation of any material provision of the Right -of -Way Permit; (b) An evasion or attempt to evade any material provision of the Right -of - Way Permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; (c) Any material misrepresentation of fact in the application for a Right -of - Way Permit; (d) The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the Perrnittee's control; or (e) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an Order issued pursuant to Sec. 1.18. Subd. 2. Written Notice of Breach. If the Director determines that the Permittee has conunitted a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit the Director shall make a written demand upon the Pennittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the Director, at his or her discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. 17 Subd. 3. Response to Notice of'13reach. Within twenty-four (24) hours of receiving notification of the breach, Permittee shall provide the Director with a plan, acceptable to the Director, that will cure the breach. Permittee's failure to so contact the Director, or the Permittee's failure to submit an acceptable plan, or Permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. Further, Permittee's failure to so contact the Director, or the Permittee's failure to submit an acceptable plan, or Permittee's failure to reasonably implement the approved plan, shall automatically place the Permittee on Probation for one (1) full year. Subd. 4. Cause.fur Probation. From time to time, the Director may establish a list of conditions of the permit, which if breached will automatically place the Permittee on Probation for one full year, such as, but not limited to, working out of the allotted time period or working on Right -of -Way grossly outside of the permit authorization. Subd. 5. Automatic Revocation. If a Permittee, while on Probation, commits a breach as outlined above, Permittee's permit will automatically be revoked and Permittee will not be allowed further permits for one full year, except for Emergency repairs. Subd. 6. Reimbursement uf'City Costs. If a permit is revoked, the Permittee shall also reimburse the City for the City's reasonable costs, including Restoration Costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. Sec. 1.22. Mapping Data. Subd. 1. Information Required Each Registrant shall provide Mapping information required by the City in accordance with PUC Rules. Subd. 2. Trude Secret Information. At the request of any Registrant, any information requested by the City, which qualifies as a "trade -secret" under Minn. Stat. § 13.37 (b) shall be treated as trade secret information as detailed therein. Sec. 1.23. Location of Facilities. Subd. 1. Underaroundin-Unless otherwise permitted by an existing franchise or Minnesota Stat. 2166.34, or unless existing above -ground Facilities is repaired or replaced, new construction and the installation of new Facilities and replacement 18 of old Facilities shall be done underground or contained within buildings or other structures in conformity with applicable codes. Subd. 2. Corridors. The City Engineer may assign specific corridors within the Right -of -Way, or any particular segment thereof as may be necessary, for each type of Facilities that is or, pursuant to current technology, the City Engineer expects will someday be located within the Right -of -Way. All excavation, obstruction, or other permits issued by the Director involving the installation or replacement of Facilities shall designate the proper- corridor for the Facilities at issue. Any Registrant who has Facilities in the Right -of -Way in a position at variance with the corridors established by the City Engineer shall, no later than at the time of the next reconstruction or excavation of the area where the Facilities are located, move the Facilities to the assigned position within the Right -of -Way, unless this requirement is waived by the Director for good cause shown, upon consideration of such factors as the remaining economic life of the Facilities, public safety, customer Service needs and hardship to the Registrant. Subd. 3. Nuisance. One year after the passage of this Ordinance, any Facilities found in a Right -of -Way that have not been Registered shall be deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the Facilities and restoring the Right -of -Way to a useable condition. Subd. 4. Limitation of'.Spuce. To protect health, safety, and welfare or when necessary to protect the Right -of -Way and its current use, the Director shall have the power to prohibit or limit the placement of new or additional Facilities within the Right -of -Way. In making such decisions, the Director shall strive to the extent possible to accommodate all existing and potential users of the Right -of -Way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular- Utility Service, the condition of the Right -of -Way, the time of year with respect to essential utilities, the protection of existing Facilities in the Right -of -Way, and future City plans for public improvements and development projects which have been determined to be in the public interest. Sec. 1.24. Relocation of Facilities. A Registrant must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its Facilities in the Right -of - Way whenever the Director for good cause requests such removal and relocation, and shall restore the Right -of -Way to the same condition it was in prior to said 19 removal or relocation. The Director may make such request to prevent interference by the Company's Equipment or Facilities with (i) a present or future City use of the Right -of -Way, (ii) a public improvement undertaken by the City, (iii) an economic development project in which the City has an interest or investment, (iv) when the public health, safety and welfare require it, or (v) when necessary to prevent interference with the safety and convenience of ordinary travel over the Right -of -Way. Notwithstanding the foregoing, a Person shall not be required to remove or relocate its Facilities from any Right -of -Way which has been vacated in favor of a non-governmental entity unless and until the reasonable costs thereof are first paid to the Person therefor. Sec. 1.25. Pre -Excavation Facility and Facilities Location. In addition to complying with the requirements of Minn. Stat. §§ 216D.01-.09 ("One Call Excavation Notice System") before the start date of any Right -of -Way excavation, each Registrant who has Facilities or Equipment in the area to be excavated shall mark the horizontal and approximate vertical placement of all said Facilities. Any Registrant whose Facilities is less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its Facilities and the best procedure for - excavation. Sec. 1.26. Damage to Other Facilities. When the City does work in the Right -of -Way and finds it necessary to maintain, support, or move a Registrant's Facilities to protect it, the Director shall notify the Local Representative as early as is reasonably possible. The costs associated therewith will be billed to that Registrant and must be paid within thirty (30) days from the date of billing. Each Registrant shall be responsible for the cost of repairing any Facilities in the Right -of -Way which it or its Facilities damages. Each Registrant shall be responsiUle for the cost of repairing any darnage to the Facilities of another Registrant caused during the City's response to an Emergency occasioned by that Registrant's Facilities. Sec. 1.27. Right -of -Way Vacation. Subd. 1. Re.vervution of'Rinht. If the City vacates a Right -of -Way which contains the Facilities of a Registrant, and if the vacation does not require the relocation bf 20 Registrant' s or Permittee's Facilities, the City shall reserve, to and for itself and all Registrants having Facilities in the vacated Right -of -Way, the right to install, maintain and operate any Facilities in the vacated Right -of -Way and to enter upon such Right -of -Way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same. Subd. 2. Relocation of Facilities. If the vacation requires the relocation of Registrant's or Permittee's Facilities; and (i) if the vacation proceedings are initiated by the Registrant or Permittee, the Registrant or Permittee must pay the relocation costs; or (ii) if the vacation proceedings are initiated by the City, the Registrant or Permittee must pay the relocation costs unless otherwise agreed to by the City and the Registrant or Permittee; or (iii) if the vacation proceedings are initiated by a Person or Persons other than the Registrant or Permittee, such other Person or Persons must pay the relocation costs. Sec. 1.28. lndemnifrcation and Liability. By registering with the Director, or by accepting a permit under this Ordinance, a Registrant or Permittee agrees as follows: Subd. 1. Limitation of'1_iahility. By reason of the acceptance of a registration or the grant of a Right -of -Way Permit, the City does not assume any liability (i) for injuries to Persons, damage to property, or loss of Service claims by parties other than the Registrant or the City, or (ii) for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of Facilities by Registrants or activities of Registrants. Subd. 2. Indemnification. A Registrant or Permittee shall indemnify, keep, and hold the City free and harmless from any and all liability on account of injury to Persons or damage to property occasioned by the issuance of permits or by the construction, maintenance, repair, inspection, or operation of Registrant's or Perrnittee's Facilities located in the Right -of -Way. The City shall not be indemnified for losses or claims occasioned tlu-ough its own negligence except for losses or claims arising out of or alleging the local government unit's negligence as to the issuance of permits or inspections to ensure permit compliance. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts that the Registrant or Permittee reasonably believes will cause injury or damage, and the performance is nevertheless ordered or directed by the City after receiving notice of the Registrant's or Permittee's determination. 21 Subd. 3. Defense. If a suit is brought against the City under circumstances where the Registrant or Permittee is required to indemnify, the Registrant or Permittee, at its sole cost and expense, shall defend the City in the suit if written notice of the suit is promptly given to the Registrant or Permittee within a period in which the Registrant or Permittee is not prejudiced by the lack or delay of notice. If the Registrant or Permittee is required to indemnify and defend, it shall thereafter have control of the litigation, but the Registrant or Permittee may not settle the litigation without the consent of the City. Consent will not be unreasonably withheld. This part is not, as to third parties, a waiver of any defense, immunity, or damage limitation otherwise available to the City. In defending an action on behalf of the City, the Registrant or Permittee is entitled to assert in an action every defense, immunity, or damage limitation that the City could assert in its own behalf. Sec. 1.29. Abandoned and Unusable Facilities. Subd. 1. Discontinued Operations. A Registrant who has determined to discontinue its operations in the City must either: (a) Provide information satisfactory to the Director that the Registrant's obligations for its Facilities in the Right -of -Way under this Ordinance have been lawfully assumed by another Registrant; or (b) Submit to the Director a proposal and instruments for transferring ownership of its Facilities to the City. If a Registrant proceeds under this clause, the City may, at its option: (1) purchase the Facilities; or (2) require the Registrant, at its own expense, to remove rt; or (3) require the Registrant to post a bond in an amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the Facilities. Subd. 2. Abandoned Facilities. Facilities of a Registrant who fails to comply with subd. 1 of this Section, and which, for two (2) years, remains unused shall be deemed to be abandoned. Abandoned Facilities are deemed to be a nuisance. The 22 City may exercise any remedies or rights it has at law or in equity, including, but not limited to, (i) abating the nuisance (ii) taking possession of the Facilities and restoring it to a useable condition, or (iii) requiring removal of the Facilities by the Registrant, or the Registrant's successor in interest. Subd. 3. Removal. Any Registrant who has unusable and abandoned Facilities in any Right -of -Way shall remove it from that Right -of -Way during the next scheduled excavation, unless this requirement is waived by the Director. Sec. 1.30. Appeal. a) A Right -of -Way User that: (1) has been denied registration; (2) has been denied a permit; (3) has had permit revoked; or (4) believes that the fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request, by the City Council. The City Council shall act on a written request in a timely manner. A decision by the City Council affirming the denial, revocation, or fee imposition will be writing and supported by written findings establishing the reasonableness of the decision. b) Upon affirmation by the City Council of the denial, revocation, or fee imposition, the Right -of -Way User shall have the right to have the matter resolved by binding arbitration. Binding arbitration must be before an arbitrator- agreed to by both the City Council and Right -of -Way User. If the Parties cannot agree on an arbitrator, the matter must be resolved by a three- person arbitration panel made up of one arbitrator selected by the City, one arbitrator selected by the Right -of -Way User and one selected by the other two arbitrators. The costs and fees of single arbitrator shall be borne equally by the City and Right -of -Way User. In the event there is a third arbitrator, each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the third arbitrator and of the arbitration. Sec. 1.31. Reservation of Regulatory and Police Powers. A Permittee's or Registrant's rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. Sec. 1.32. Severability. 23 If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. If a regulatory body or a court of competent jurisdiction should determine by a final, non -appealable order that any permit, right or registration issued under this Ordinance or any portions of this Ordinance is illegal or unenforceable, then any such permit, right or registration granted or deemed to exist hereunder shall be considered as a revocable permit with a mutual right in either party to terTninate without cause upon giving sixty (60) days written notice to the other. The requirements and conditions of such a revocable permit shall be the same requirements and conditions as set forth in the permit, right or registration, respectively, except for conditions relating to the term of the permit and the right of termination. Nothing in this Ordinance precludes the City from requiring a franchise agreement with the Applicant, as allowed by law, in addition to requirements set fortli herein. ADOPTED this 13TH day of April , 1998 by the City Council of the City of Otsego. IN FAVOR: Larry Fournier, Mayor, Council Members Vern Heidner, Suzanne Ackerman, Virginia Wendel and Mark Berning OPPOSED: No One 6 Elaine Beatty, Clerk CITY OF OTSEGO 24 arry Foul ler, Mayor William S. Radzwill Andrew J. MacArthur Michael C. Couri Marcus W. Miller April 8, 1998 Otsego City Council c/o Elaine Beatty, City Clerk Otsego City Hall 8899 Nashua Avenue Otsego, MN 55330 RADZWILL & CO URI Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN55376 (612) 497-1930 (612) 497-2599 (FAX) Re: Independent Contractor Agreement Between City and Assessor Dear Council Members: Please find enclosed for your review a copy of a contract between the City and Peter Merges as an independent contractor providing assessor services. Please let me know if you have any comments or suggest any changes to this contract. If this contract is acceptable, then I request that at least three copies be signed. One copy is for Mr. Merges, another is for the City and the final copy should be returned to our office for our records. Again, do not hesitate to contact our office if you have any questions or concerns whatsoever. YGurs—fiery Truly, /2 / Marcus W. Miller RADZ`VILL & COURI MWM/khb Enclosure INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITY OF OTSEGO, MINNESOTA AND PETER MERGES, ASSESSOR THIS AGREEMENT is made and entered into this day of , 1998, by and between the City of Otsego, a municipal corporation under the laws of the State of Minnesota (hereinafter "City") and Peter Merges, Real Estate Assessor. (hereinafter "Independent Contractor") RECITALS: WHEREAS, the City is in need of property valuation services for ad valorem property tax purposes; and WHEREAS, the Independent Contractor has substantial experience with real property valuation, and is qualified to assist the City as a consultant; and WHEREAS, the City desires to contract with the Independent Contractor for the performance of certain consulting tasks more fully described herein; and WHEREAS, the Independent Contractor's principal place of business is located at the following address: 6748 Kadler Avenue Northeast, Albertville, NIN >j301; and WHEREAS, the Independent Contractor declares that he is engaged in an independent business and has complied with all federal, state and local laws regarding business permits and licenses of any kind that may be required to cavy out said businesses and the tasks as set forth in this Agreement; and WHEREAS, the Independent Contractor represents that he is, or remains available to be, engaged in the same or sunilar activities with other clients during the term of this Agreement. The City enters this Agreement with the understanding that the City does not intend to be the Independent Contractor' s only customer or client. NOW, THEREFORE, in consideration of die mutual promises and covenants herein contained, it is agreed between die parties as follows: 1. Services to be Performed. The City engages die Independent Contractor to perform the following described consulting tasks and services. Independent Contractor is responsible for actually viewing, appraising and valuing each and every taxable parcel of real property within the City of Otsego. Independent Contractor will keep accurate and complete records of the work performed, including documentation of the basis for all appraisals done. Independent Contractor will cooperate and confer with the Wright County Assessor. Independent Contractor shall attend any sectional meetings called by the Wright County Assessor. Independent Contractor will use generally accepted standards and methods in determining property values within the City of Otsego. In performing these services, Independent Contractor will meet all deadlines set by law and all reasonable deadlines, if any, set by either the Wright County Assessor or Auditor. 2. Legal Qualification, Proof and Continuation Thereof. The Independent Contractor represents that he is legally qualified to perform the duties above-described and, further, that he has obtained all necessary licenses, permits or certifications, including a license from the State Board of Assessors, and has otherwise fulfilled all legal obligations requisite to providing assessor services. Within ten (10) days of executing this Agreement and prior to commencing service, the Independent Contractor shall provide proof of proper licensure to the City and shall remain legally qualified to perform the duties described in this contract throughout its teen. Failure by Independent Contractor to provide such proof or maintain such qualification shall be cause to terminate dais Agreement as provided in section ten (10) below. 3. Terms of Payment. The Independent Contractor shall be compensated at the rate of $ per taxable parcel actually viewed, appraised and valued by Independent Contractor. It is estimated that there are taxable parcels within the City. Payment shall be made on or about the first day of each month and shall be based on the Independent Contractor' s submission of an itemized claim, for audit and allowance by the City Council, indicating the parcels actually viewed, appraised and valued by the Independent Contractor during the previous month. 4. Instrumentalities. The Independent Contractor shall provide for his or her own vehicle, and any necessary equipment, tools, materials and supplies, except for nominal office supplies, for die performance of the obligations specified herein. The City may provide the Independent Contractor with periodic access to a work area within the City offices, including use of a computer and usual fiunisliings. :5. Expenses. The Independent Contractor shall be responsible for lus or her own expenses, except that die City will reimburse him or her for any necessary photocopies, mileage and meal or lodging expenses as usually approved by the City in the normal course of business. Expenses shall be submitted by the Independent Contractor to die City as a written claim, to be audited and allowed by the City Council. Expense claims shall be submitted monthly and, if allowed by die City Council, paid monthly. 6. Insurance, Proof Thereof. The Independent Contractor shall carry insurance necessary to operate as an Independent Contractor and with coverage limits sufficient, in the City' s sole discretion, to protect the City from liability. The City shall be named as an additional insured party and the insurance policy shall specify that the City will receive thirty (30) days written notice prior to expiration or cancellation of said policy. The Independent Contractor shall provide proof of such insurance prior to commencing service and within ten (10) days of executing this Agreement. Failure to provide and maintain such insurance shall be cause to tenninate this Agreement pursuant to section ten (10) below. 7. Control. The Independent Contractor retains the sole and exclusive right to control or direct the manner or means by which the work described herein is to be performed, subject to any applicable provisions of State or Federal law. The City retains only the right to control the ends to insure its conformity with flus Agreement and all applicable laws and regulations. 8. Payroll or Employment Taxes. No payroll or employment taxes of any kind shall be withheld or paid with respect to compensation paid to the Independent Conti -actor under this Agreement. The payroll or employment taxes that are the subject of flus paragraph include, but are not limited to, FICA, FUTA, federal personal income tax, state disability insurance tax, and state unemployment uisw Bance tax. The Independent Contractor is responsible for payment of any and all taxes related to compensafion received under this Agreement. 9. Worker's Compensation. No workers' compensation insurance has been or will be obtained by the City on account of the Independent Contractor or any employees of the Independent Contractor. 10. Termination. This Agreement shall terminate no later than December 31, 1998. Termination prior to that date (except for cause) may occur with seven (7) days prior written notice to the non -terminating pai-ty. For purposes of this Agreement, cause is defined as any violation of law occurring during a period when City work is being performed, or any other actions by the Independent Contractor deemed to be detrimental to the City's interest by, and at the sole discretion of, die City Council. Upon termination of this Agreement by either party, Independent Contractor will furnish copies of all records made in performance of the duties specified in the Agreement to die City, including the basis for and values assigned to each parcel of property appraised and assessed. 11. Option to Extend. Upon written agreement of the parties, this Agreement may be extended to any other future date mutually acceptable to the parties. It is agreed that the value of any such extension will be at the same per parcel rate as set forth in section three (3) above. 12. Integration, Merger, Modification. 'Ms Agreement represents the full and complete understanding of the parties and both parties represent that they are not relying on any prior Agreement of statements, whether oral or written. This Agreement may be modified only if m writing and signed by both parties. 13. Indemnification. The Independent Contractor holds the City haimless and agrees to defend and indemnify the City, its employees and agents, for any claims, causes of action, damages, losses, or expenses of any nature, whether incurred by the Independent Contractor or by Third Parties, arising in relation to services provided to the City under this contract during its term. The foregoing indemiuty and hold harmless provision does not, however, apply to property tax appeals brought by tax payers within the City or to expenses audited and allowed by the City Council pursuant to section five (5) above. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written above. CITY OF OTSEGO Larry Fournier, Mayor Elaine Beatty, City Clerk INDEPENDENT CONTRACTOR Peter Merges, Assessor CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 8. John Harwood, City Engineer: Elaine Beatty Council of: 4/13/98 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 8.1. Consider 1STEA Bike Trail Project Bids (Opened on April 9, 1998 11 AM) 8.2. Informational Memo - Test Well Program A City well at Site #l, N. of the School & adjacent to the Country Ridge Subdivision will be pursued. We expect to have plans & specs. to the City of Otsego 4/27/98 for authorization for bids. 8.3. Council Consideration of a Resolution for Odean Avenue Right -of -Way (Andy provide Resolution/John to provide Memo & Plan Sheets) 8.4. Any other Engineering Business BACKGROUND: Attached is John Harwood's information for Agenda items 8.1 through 8.4. John will be here to discuss, explain and answer any questions. (See attached information) RECM49MATION : This is for Council discussion and decision where necessary. Than s,5:i�_ aine APR.13.1998 8:39AM TO:OTSEGO NO. 572 P.1/3 Hakanson Anderson Ander InE. ❑ 3801 Thurston Avenue j Anoka, Minnesota 56303 (612) 427-5680 (612) 427-0620 Fox ❑ 103 Pine Street Monticello, MN 55362 (812) 295-6800 (612) 295-4488 Fax Memorandum To: Attn: Date: Z f2 Subject: File #: Narrative: /6f/-V/"V L'rAdA4 IA40U V cI' a v W 1C f T cid � Jd /f 6 ��� �-t1" �'/i� d .%�r•+r �'' N�`EOJ /✓ /ZG9ufoTG.F /t G fT a ✓A / _ ZY' d IJ"rd /F r 0Aof0Z Gv� l� '4d y Tifa 'A 11 1 ? A7 ti r /Ld CScr' a/'lr /1 af I By: APR.13.1998 8:40AM N0.572 n .P.2/3 PLANHOLDER'S LIST ' OTSEGO BIKE TRAILS (812) 427-6860 Opened Thursday April 9, 1998, 11:00 am (812) 427-0620 fax at Otsego City Hall, 8899 Nashua Avenue NAME ADDENDUM BID BOND AMOUNT 3 s9 7 • 9,6 Barber Construction Co. ✓ ✓ 2. Bauerly Bros. Inc. $ /DIP 3> Buffalo Bituminous ✓ $i� Qa / 4. Fehn Gravel & Excavating Inc. $ 5. H & R Const. Co. $ 27.x'-+ 3&_ fj�. 2z 'Hardrives, Inc. _�� �✓ $ = x 7. impact $ S. Knish Const. Co., Inc. 9. Mid -Minn Hot Mix, Inc. (3 W.B. Miller, Inc. V �� ✓ 3 1 1. Valley Paving, Inc. 12. AAA Striping 13. Elk River Conc. Products 14. PPMInc. 15 ���Cl 1�5� �K �,y� ✓ 16. * COJL'✓ 66,1 E O ?GT1!! C:ISHARE\WPMUNKAOTSEGO\OTHIO.LST ' N CLERK ADMINISTRATOR'S CERTIFTCAJE FEDERAL AID PROJECT STATE OF ME11NESOTA ) REFERENCE (S.P. 217-090-0I )ss City of Otsego r 1, Elaine Beatty _ . the duly appointed, qualified and acting City Clerk/Administrator of the City _ otsego and State of Minnesota, do hereby certify that a rreR,41ar scheduled meeting of the City Council of the City of Otsego held on the 13th day of April , 19 98 , the following named contractors Barber Construction Co.t Buffalo Bituminous; Hardrives Inc.; W.B. Miller Inc.; Valley Paving Inc.; Midwest Asphalt Corp. submitted bids for the furnishing of all labor, tools, materials and equipment necessary for the construction of the work provided for under plans and specifications for that improvement on Otsego Bike Trails otherwise known as S.P. No. 217-090-01 , Minnesota Project , located between being approximately miles in length. The bid of Buffalo Bituminous Dict. in the amount of$ 259,000.00 appeared to be the lowest bid received, subject to final audit, and on motion by Councilperson and seconded by Councilperson , it was voted by said City Council to recommend to the Commissioner of Transportation, as Agent for said City, that: (said contract be awarded to the lowest responsible bidder) or (that all bids be rejected). said contract be awarded to the lowest responsible bidder Attest: * Elaine Beatty City Clerk/Administrator Larry Fournier, Chairperson, City Council Mayor IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal this 13TH day of April , 1998 Recommendation: Elaine Beatty City Clerk/Administrator District State Aid Engineer "O W! l KELCLBRYADM-WPD C � - _ l Hakanson Anderson Assoc., Inc. MEMORANDUM TO: John A. Harwood, PE DATE: April 8, 1998 FROM: Lawrence G. Koshak, PE RE: Proposed Well #2 3601 Thurston Avenue Anoka, Minnesota 55303 612/427-5860 Fax 612/427)64jQ:C 0520 Traut Well Company drilled two test wells on 3/16, and 3/19, 1998. It was decided not to drill the third site based on the results found at Test Well Site #1. The third site was near the proposed water tower site. Test Well #1 was at the proposed location for Well #2 and Pumphouse #1. This test hole was drilled 240 feet from the 881 elevation surface into the Eau Claire formation. At about 105 feet, white sandstone was encountered and ran out at 170 feet. This sandstone was identified as the Ironton -Galesville formation. The cuttings indicated firm sandstone without inclusions which is likely excellent aquifer in which to develop Well #2. The well was gamma logged which is being interpreted by a hydrogeologist. The preliminary indications on the gamma log also indicate a solid area of water bearing sandstone formation. We have made a preliminary selection of this site as the place to install Well #2. Test Well #2 was located about 500 feet east of CSAH 42 on 88' Street. At this site the driller was instructed to go 280 feet below the 868 elevation of the surface. The aquifer in this test hole was encountered at about 85 feet and ran out at 150 feet. This sandstone had some shale and was tan in color. The sandstone formation was termed soft with hard spots. The aquifer is the Ironton -Galesville. The appearance of the drilling would indicate a poorer source of water than anticipated primarily due to inconsistency in the sandrock and with shale inclusions. The driller was instructed to drill into the top of the Mt. Simon. At 280 feet the cuttings produced a tan sandstone and green shale which indicated the driller was near the Mt. Simon. This would indicate that a Mt. Simon well at this location would need to be at least 300 ft. of cased hole plus the open hole into the formation. The hydrogeolist is currently reviewing the samples and the gamma log for this well. Conclusion: Pending final input and opinion from the Hydrogeologist, we will recommend constructing Well #2 at the Well test site #1. We will continue to prepare the plans and specifications for approval and proceed to take bids for the well construction. C:\Share\ot506.jh I .doc Engineers Landscape Architects Surveyors i William S. Radzwill Andrew J. MacArthur Michael C. Court Marcus W. Miller April 8, 1998 Elaine Beatty City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 7T - 3 RADMILL & CO URI Attonrevs to btw 705 Central Avenue East PO Box 369 St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) Re: Resolution Authorizing Procurement of Permanent Road Easements and Temporary Construction Easements for Improvements to Odean Avenue within the City of Otsego by Eminent Domain Dear Elaine: Please find enclosed the above referenced resolution that is a part of John Hardwood's agenda item for the city council meeting. John will provide the exhibits referenced in the resolution. Please call Andy tomos ow if you have any questions. Sinc MonicyR: Brown Legal Assistant Radzwill and Couri enclosure CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. RESOLUTION AUTHORIZING PROCUREMENT OF PERMANENT ROAD EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR LNIPROVEMENTS TO ODEAN AVENUE WITHIN THE CITY OF OTSEGO BY EMINENT DOMAIN WHEREAS, the City of Otsego proposes to reconstruct Odean Avenue between 71" Street (CSAH 37) and 93`d Street (CSAR 39) where the project terminates; and; WHEREAS, the improvement consists of widening and improving said road with the addition of curb and gutter and a bicycle and walking path; and WHEREAS, certain permanent and temporary construction easements are required as set forth on Exhibits A-01 through A-62 and as shown on Exhibits B 1 through B-3, all Exhibits are attached hereto; acid WHEREAS, the City has authority to acquire said easements by eminent domain pursuant to Muni. Stat. l 17.01 1 and 117.042; and WHEREAS, the City has the right to acquire die easements prior to the filing of an award by the cowt appointed commissioners, pursuant to Minn. Stat. 117.011 and 117.042; and WHEREAS, die land over wliich said temporary and permanent easements are required is owned by the following persons as set forth on attached Exhibit C; and WHEREAS, the following have an interest in said lands as set forth on attached Exhibit C; and WHEREAS, pursuant to its adopted policy, the City will simultaneously negofiate with the land owners and pursue eminent domain in order to insure timely construction of the project. NOW THEREFORE BE IT RESOLVED, that die Otsego City Council hereby authorizes the acquisition of said land by eminent domain and to take title and possession of that land prior to the filing of an award by the Court appointed commissioners, pursuant to Minn. Stat. 163.02, Subd. 2, 1 17.01 1 and 117.042; and Chris Witsdrn 3 019% 8600 N. E. Qd-ean___ Elk River;--Mn,55330__. (612) 441-1563 oe z 5 98 . ell! X�� 71 J /741ASA4 to Ae-ct9)tfv7— St T� CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION DEPARTMENT MEETING DATE Item 9 Council Items April 13, 1998 ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 9.1.D. Mowing Quotes Judy Hudson, Deputy Clerk We received 17 quotes for the 1998 mowing season!! As you can see by the attached Quote Sheet there was a huge quote range. The numbers reflect weekly mowing costs. Keep in mind, not all areas are mowed every week. The Administrative Sub -committee directed me to call the lowest four quotes for insurance requirements and their references. We did not take into consideration from these four quotes fertilizer and clean-up. In fact, in the future these items should be done separately. The reason being, for the City to hire a contractor the contractor must be licensed by the State of Minnesota to spray herbicides, pesticides and to apply fertilizer. Quite often, people in the lawn care business are not qualified for this. Therefore, Mike Robertson, is in the process of getting quotes for this service. As far as clean up. Mike is in the process of having the woods trimmed. He will also try and have Sentence to Serve come and clean this area up. The cleanup for the rest of the City's property can be negotiated with the selected lawn care service, if needed. Turfs Up - Roger Schmidt, Becker MN X540.00 weekly Mr. Schmidt listed two references. Both references (commercial) said he does a very good job and they are pleased and happy with his services. He submitted the required insurance. D & D Lawncare - Dave & Diana Quinn, Big Lake, MN. $532.50 weekly The Quinn's listed four references. I was able to get ahold of two. One reference, residential, gave a good report with they are very pleased with their work and they are prompt, pleasant and good cleanup. They also listed Big Lake Township. When I called the Town Clerk, she informed me that actually it is the Lions Club that hires D & D Lawncare since the Town Hall is located in the Lions Park. She assumes they are pleased with them as D & D Lawncare has been hired to mow the property this year. They submitted the required insurance. Superior Lawn & Snow Randolph Brenny.Qtsego $506.00 weekly The Brenny's listed three references, all commercial. They all gave glowing reports such as the best they have had in 20 years, dependable, honest, if it doesn't need mowing they don't mow, prompt and all were glad to have found him. They submitted the required insurance. Bermal Lawn Donal, Corcoran, iN $480.00 weekly Mr. Bermal listed four references, all commercial. Bermal is a division of J.A. Lloyd out of Rogers. I was able to contact two references who both said they were satisfied with Bermal Lawn. One reference as Rockford Schools. The person in charge just started in January but he had heard the school was satisfied. The other reference have dealt with Bermal for years and they are satisfied. He submitted the required insurance. STAFF RECOMMENDATION Attached are the quote sheets from these four lawn care services. Again, the above quotes reflect only mowing and if everything would be mowed weekly. These quotes are very close. Upon hearing the references, Superior received the most favorable. Superior is also owned and operated by Otsego residents. NAME TOTAL OFREFERENCE MUNICIPAL MOWING PROVIDED EXPERIENCE Dan's Lawn Cam $1,522.00 YES NO Jnlimited $1,480.73 NO (CM $1,285.00 YES NO Cut Rite $1,135.00 YES NO J Kittock $1,117.00 YES NO Affordable $975.00 NO Nature's $840.00 NO Best Yard $645.00 NO First Choice $615.00 YES YES Kevin's $610.89 NO Steve's $580.00 YES YES Carefree $555.00 NO Dan's ProMow $545.50 YES YES Turrs Up $540.00 YES NO D & D Lawncam $532.50 YES TOWNSHIP Superior $506.00 YES NO Bernal $480.00 YES NO QUOTE SHEET CITY OF OTSEGO 1998 Otsego Prairie Park �IR.C��S up Wooded Picnic Area (Approximately 4 acres) $ 75.00 Each Time General Spring Clean-up, fertilizer and weed control At 2 times per season $ _350.00 Each Time Athletic Fields 2 Softball fields, Soccer field (Approx. 9.22 acres) $_155.00-- Each Time Volleyball, Play Area (Approx. 2.06 acres) $ _ 35.00 Each Time NW Ballfield(Approx. 2.3 acres) $ _ 40.00 Each Time General Spring Clean-up, fertilizer and weed control At 2 times per season. $ 750.00 Each Time OutlyinE Areas Swale (Approx. 1.8 acres) South Wooded Area (Approx. 2.8 acres) $ _ 30_00 Each Time $ 45.00 Each Time City Hall Area running along Nashua Avenue Area around the Holding Pond Area around City Hall and Maintenance Shed including The ROW (Approx. 3 acres) $ 70.00 Each Time General Spring Clean-up, fertilizer and weed control At 2 times per season, aeration once in the Spring. $ 225.00 Each Time Old Citv Hall Approx. 1.5 acre City Well Inside the fence and 3 swipes around fence Located by Otsego Elementary School City Owned Lots 85 Street and Oakwood (Approx. lacre) All quotes include general debris pickup. $ 30.00 Each Time $ 30.00 Each Time $ 30.00 Each Time Contractors are encouraged to visually inspect all sites prior to submitting a Quote. Otsego Mowing Quote Sheet, cont'd. Page 2. Equipment to be used: l Q q r1 Lp 2.50 a .5 iYinA ) z,#,, ku-n� ,(4,1 1 --r L - n( - OL r���hindt12a bItU.e-r Attach: References or other previous grass mowing work. Company or Name: YYl r Address: �P 0 l n I � Ayz rt Lu— • 'ONE: ; D• • All quotes are to be received at Otsego City Hall, 8899 Nashua Avenue NE, Elk River MN 55330, no later than 5 PM, March 31,1998. The grass is to be cut and trimmed on a "as needed basis" by mutual agreement between the City and the contractor. The contractor shall be responsible to inspect the areas cut. The contractor shall provide liability insurance of at least $600,000 to the City before starting work. The contractor must use equipment suitable for turf. The contractor must also conform to all employment standards defined by the Department of Labor and Industry. The City reserves the right to accept or reject any or all quotes and to waive any informalities in the quotes. For any questions please contact Judy Hudson at 441-4414, Otsego City Hall. <e Q u.R �_vl k) CSS- r QUOTE SHEET CITY OF OTSEGO 1998 Wooded Picnic Area (Approximately 4 acres) $ �9J�. �J Each Time General Spring Clean-up, fertilizer and weed control at 2 times pre season $ S ��%'� Each Time Athletic Fields 2 Softball fields, Soccer Field (Approx. 9.22 acres) Volleyball, Play Area (Approx. 2.06 acres) NW Ballfield (Approx. 2.3 acres) General Spring Clean-up, fertilizer and weed control at 2 times per season. Outlying Areas Swale (Approx. 1.8 acre) South Wooded Area (Approx. 2.8 acres) $ P50, 00 Each Time $ 3 a , � 0 Each Time $ 3 7 . 5 O Each Time Per Season $ �SD , �Q Each Time $ �,� , t: 5" ``) Each Time City Hall Area running along Nashua Avenue Area around the Holding Pond area around City Hall and Maintenance Shed including the ROW (Approx. 3 acres) $ aD . O Each Time General Spring Clean-up, fertilizer and weed control at 2 times per season, aeration once in Spring. $ Lobo, 00 Per Season Old City Hall Approx. 1.5 acre City Well Inside fence and 3 swipes around fence located by Otsego Elementary School City Owned lots 85th Street and Oakwood (approx. 1 acre) All quotes include general debris pickup. $ Each Time $ ` `J Each Time $ ?Nq Each Time Contractors are encouraged to visually inspect all mowing sites prior to submitting a Quote. Otsego Mowing Quote Sheet, cont'd. Page Z. Equipment to be used: -�i a)7-)Q1t-N -7 �� C -0- nnm F ^� Vy"�O LC Qrn Attach: References or other previous grass mowing work. Company or Name: PHONE: DATED: All quotes are to be received at Otsego City Hall, 8899 Nashua Avenue NE, Elk River MN 55330, no later than 5 PM, March 31,1998. The grass is to be cut and trimmed on a "as needed basis" by mutual agreement between the City and the contractor. The contractor shall be responsible to inspect the areas cut. The contractor shall provide liability insurance of at least $600,000 to the City before starting work. The contractor must use equipment suitable for turf. The contractor must also conform to all employment standards defined by the Department of Labor and Industry. The City reserves the right to accept or reject any or all quotes and to waive any informalities in the quotes. For any questions please contact Judy Hudson at 441-4414, Otsego City Hall. sumior Lawn & Snow RandolphE Bre=y 9859 Parrish Ave. NE Otsego MN 55330 612-241-0772 Pager 612-329-1268 March 30 1998 Lawn Maintenance Proposal - April 1 to November 31 Otsego Praire Park Wooded Picnic Area - Grass mowing $64.00 each time General Spring Clean-up, stick removal, vaccuum-and riethatch, fill in rutted areas. $165.00 spring time Pre -emergent (crabgrass control) spring fertilization, Fall fertilization. $565.00 Total for season Broadleaf Weed control Spraying (One time per season) $280.00 Athletic Fields 2 Softball fields, Soccer Field. - Grass mowing $149.00 each time Volleyball, Play Area Grass mowing $ 33.00 each time NW Ballfield Grass mowing $ 37.00 each time General Spring Clean-up $150.00 spring time Pre-emergent(crabgrass control) spring fertilization, Fall fertilization $1690.00 Total for season Broadleaf weed control Spraying (one time per season) $460.00 Outlying Areas Swale - Grass mowing $29.00 each time South wooded area - Grass mowing $45.00 each time Old Cid Hall Approx. 1.5 acre - Grass mowing $39.00 each time City Hall Area running along Nashua Avenue, Area around holding pond, Area around City Hall and Maintenance shed (3acres) - Grass mowing $60.00 each time General Spring Cleanup, dethatch and vacuum Pre -emergent (crabgrass control) spring fertilization Fall fertilization Broadleaf weed control spraying (one time per season) After talking with Judy, I suggested no aeration this year at City Hall. Ci Well Inside fence and 3 swipes around fence --Grass mowing City Owned lots 85`h Street and Oakwood - Grass mowing Will trim all areas every 3`d week or when asked. $140.00 spring $494.00 total season $175.00 $10.00 each time $40.00 each time I am licensed by the State of Minnesota to spray herbicides and pesticides and to apply fertilizer. Equipment: Toro 220 with 62" Deck - with 8hp vacuum and trailer system. Toro 44" commercial walk behind. 10 foot boom sprayer 10 foot fertilizer spreader Numerous weed eaters, chain saws and blowers Tl}4nk You ';15FQ Ran►d�olpn E. Brenny Inc L— �jer t�Pr� QUOTE SHEET CITY OF OTSEGO 1998 Otsego Prairie Park ebO- DD Wooded Picnic Area (Approximately 4 acres) $ Each Time General Spring Clean-up, fertilizer and weed control d d©« e ' G at 2 times pre season $ 1 &D,ao c,le.: - Each Time Athletic Fields 2 Softball fields, Soccer Field (Approx. 9.22 acres) Volleyball, Play Area (Approx. 2.06 acres) NW Ballfield (Approx. 2.3 acres) General Spring Clean-up, fertilizer and weed control at 2 times per season. Outlying Areas Swale (Approx. 1.8 acre) South Wooded Area (Approx. 2.8 acres) $ dMNh@b 135,4b Each Time $ ftew 35•0'D Each Time $ Map Each Time $ Per Season $ 3D •oa Each Time $ 45"no Each Time City Hall Area running along Nashua Avenue Area around the Holding Pond area around City Hall and Maintenance Shed including .557,C0 the ROW (Approx. 3 acres) $ Each Time General Spring Clean-up, fertilizer and weed control 8D Ce i: - L--' at 2 times per season, aeration once in Spring. $ l l e Per Season Old City Hall Approx. 1.5 acre City Well Inside fence and 3 swipes around fence located by Otsego Elementary School City Owned Iots 85th Street and Oakwood (approx. 1 acre) All quotes include general debris pickup. $ !IL% o e Each Time $ to Each Time $ 3$ a e Each Time Contractors are encouraged to visually inspect all mowing sites prior to submitting a Quote. -� ")"r rkA 1 Otsego Mowing Quote Sheet, cont'd. Page 2. Equipment to be used: 7a `t GO v D. c� c O Lige" S.b�� l�`�,t C`.l� aee,- L��i X/k�,rk eo�,yc.�l �..�►- �et H �e c�elL, 1e1► -tel Attach: References or other previous grass mowing work. Company or Name: A l-ntipd L (4 -L -J n1 Address: 7:5-13 S M. Signature: PHONE: ;�0�0'384 DATED: All quotes are to be received at Otsego City Hall, 8899 Nashua Avenue NE, Elk River MN 55330, no later than 5 PM, March 31,1998. The grass is to be cut and trimmed on a "as needed basis" by mutual agreement between the City and the contractor. The contractor shall be responsible to inspect the areas cut. The contractor shall provide liability insurance of at least $600,000 to the City before starting work. The contractor must use equipment suitable for turf. The contractor must also conform to all employment standards defined by the Department of Labor and Industry. The City reserves the right to accept or reject any or all quotes and to waive any informalities in the quotes. For any questions please contact Judy Hudson at 441-4414, Otsego City Hall. CITY OF OTSEGO REQUEST FOR COUNCQL ACTION A GFXD.A SF,C'TinN: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 9. Council Items: Elaine Beatty Council of: 4/13/98 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPAKk!;li tsx : P:1S,cc 9.1. Council Consider the following: A. Discussion of Civil Defense B. Discussion of Community Rec. Participants C. Discussion/Information - Virginia Wendel 1. River Rider Bus 2. Kadler Avenue NE D. Consider .lowing Quotes (Recommended by Adm. Subcommittee) E. Any other Council Business 1. Discussion of Chris Wilson Letter (Attached) ]BACKGROUND: 9.1. A. Discussion of Civil Defense: This was added for this agenda from last Council Meeting. Discuss -on of if we want to appoint a Civ_! Defense Director to handle any emergency situation such as flood -ng, storms, (S-Xnmer and Winter) or any other emergency. Maybe we should consider this and be more prepared for a disaster. B. Discussion of Community Rec. Participants (Mayor Fournier W -1 - explain and discuss this. C. Discussion/Information - Virginia Wendel- !. endel!. River Rider Bus 2. Kadler Ave NE. (C.M. Wendel asked that these items be on the agenda and she w-11 explain/discuss) D. Consider Mowing Quotes (Recommended by Adm. Subcommitee) Deputy Clerk, vudy Hudson has information for Council review and approval. E. Any other Council Business . D -scission of Chris Nilson Letter ,Attac,ed` This letter Re: Odean Avenue accidents. RECObNENDATION : This is for Council d=scussion and decision where necessary. Thanks, !a-ne JN'T Y q4k, W � = Z M O .dy 7855 C�\ l GENELL K REESE, _ _ Director VETRRANS-SERVICE, CIVIL DEFENSE & NUCLEAR 10 2ND STREET NW RM 220 Telephone: (612) 682-7325 BUFFALO MN 55313-1184 1-800-362-3667 F-vt 7325 M E M 0 DATE: March 19, 1998 TO: Wright County City Civil Defenseuj� rectors FROM: Wright County Civil Defense RE: Tornado Awareness Week Enclosed please find the packet of information that we received from the State of Minnesota, Department of Emergency Management regarding Tornado Awareness Week, which has been scheduled for April 20-24. Wright County will participate in both drills on Thursday, April 23rd. The afternoon drill will be conducted at 1:45 PM, and the evening drill is scheduled for 6:55 PM -- Please call if you have any questions, or concerns. /de NOTE: If you want a packet of the information sent on this, please ask me and I will copy it for you. Thanks, laine Equal Opportunity / Affirmative Action Employer DIVISION OF EMERGENCY MANAGEMENT EMERGENCY RESPONSE COMMISSION B-5 State Capitol 75 Constitution Avenue St. Paul, Minnesota 55155-1612 TY (612) 282-6555 rAX (612) 296-0459 Telephone (612) 296-2233 March 11, 1998 STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY The 1998 Severe Storms Awareness Week as proclaimed by Governor Arne H. Carlson is scheduled for April 20-24, 1998. Enclosed are daily topics that focus on various severe weather threats. The statewide drill is scheduled for Thursday, April 23, at 1:45 p.m. with all communities activating their severe weather warning systems. As of this date, 24 counties have chosen to conduct a second tornado drill the evening of April 23. This second drill is scheduled to commence at 6:55 p.m. DEM will be sending mailings to schools, hospitals, and nursing homes statewide during the week of March 16-20. The Minnesota Safety Council will include information about the campaign in its newsletter which is distributed to 5,000 businesses in the state. A letter will also be sent to TV stations towards the end of the month to solicit media coverage. We have included a couple of paragraphs each on the NOAA tone alert radio and the new EAS alert system that you can use in press releases or news stories in your areas. Also, the week before the campaign, DEM will issue a statewide press release concerning the campaign. Other things in your packet include: the 1997 tornado locations/tracks; a map showing the NOAA weather radio sites and their coverage; a copy of the statewide tornado drill exercise questionnaire; and the statistics of participation in last year's drill day by county. This year, more information is available on the DEM website (www.dps.state.=.us/emermgt/index.html) and the NWS site (www.crh.noaa.gov). If you have any questions or would like informational brochures to support your educational efforts, please contact Barbara Fonkert, DEM, at 612-725-2705 or Todd Krause, NWS, at 612- 361-6670, ext. 726. Sincerely, yaoo-jl- Paul Aasen Acting Director Division of Emergency Management Crai dwards Meteorologist in Charge National Weather Service SEVERE STORMS AWARENESS WEEK APRIL 20 - 24, 1998 Statewide .Tornado Drills at_ 1:45 and 6:55 p.m. On April 23, 1998 DAILY TOPICS MONDAY: Today's focus is how severe weather warnings are prepared by the NWS and the media and issued to the public. The new Emergency Alert System (EAS) is in place. How will it be used in issuing warnings in more specific geographic areas? NOAA weather alert radio and why facilities should have one. TUESDAY: Thunderstorms, hail, and straight-line winds are today's topics., WEDNESDAY: Lightning is the number one killer and injury producer over all other summer weather threats. The focus is on lightning strikes on people and property and how to reduce your personal vulnerability to lightning. THURSDAY: Thursday is the statewide Tornado Drill Day. Focus is on tornadoes and proper sheltering techniques at work, home and play. The National Weather Service will simulate a Tornado Watch beginning at 9:00a.m. Two Tornado Drills are planned, the first is at 1:45p.m. and is statewide, with all jurisdictions activating their warning systems. This first drill allows schools, businesses, and hospitals to practice their sheltering plans. The second drill is at 6:55p.m. and is voluntary. The evening drill is designed to allow families an opportunity to practice their home sheltering plan as well as business' second shifts. FRIDAY: Flash Floods cause extensive crop and property damage each year in Minnesota. An average of five flash flood events occur in Minnesota each spring and summer, with June being the month of highest activity. For more information, check out these websites: Division of Emergency Management at www.dps.state.mn.us/emenngt/index.htmi and the National Weather Service at www.crh.noaa.gov TORNADO AWARENESS SURVEY COUNTY SCHOOLS # SCHOOLS NURSING NURSING HOSPITAL HOSPITALS OTHER OTHER FACILITIES POPULATION FACILITIES POPULATION FACILITY POPULATION FACILITY POP AITKIN 3 1830 1 100 0 0 0 0 ANOKA 37 31878 2 73 5 977 5 2225 BECKER 9 3200 1 25 0 0 0 0 BELTRAMI 7 9948 0 0 1 75 0 0 BENTON 6 5365 2 195 0 0 5 19 BIG STONE 4 735 0 0 0 0 0 0 BLUE EARTH 5 1775 7 781 2 580 0 0 BROWN 15 9185 4 345 1 30 8 30 Friday, February 20, 1998 Page 1 of 10 COUNTY SCHOOLS # SCHOOLS NURSING NURSING HOSPITAL HOSPITALS OTHER OTHER FACILITIES POPULATION FACILITIES POPULATION FACILITY POPULATION FACILITY POP CARLTON 9 3690 1 150 0 0 1 75 CARVER 10 6550 2 145 1 100 0 0 CASS 8 3962 2 500 0 0 0 0 CHIPPEWA 3 2665 1 80 0 0 0 0 CHISAGO 9 6175 3 349 0 0 0 0 CLAY 8 4194 0 0 0 0 1 100 CLEARWATER 3 900 1 0 0 0 0 0 COTTONWOOD 5 1065 1 0 0 0 0 0 CROW WING 8 3950 0 0 1 500 0 0 Friday, February 20, 1998 Page 2 of 10 COUNTY SCHOOLS # SCHOOLS NURSING NURSING HOSPITAL HOSPITALS OTHER OTHER FACILITIES POPULATION FACILITIES POPULATION FACILITY POPULATION FACILITY POP DAKOTA 55 38410 8 1157 2 0 0 0 DODGE 3 740 0 0 0 0 0 0 DOUGLAS 6 1615 3 334 1 0 0 0 FARIBAULT 2 650 3 158 0 0 0 0 FILLMORE 7 2410 0 0 1 60 0 0 FREEBORN 4 1508 1 250 1 0 0 0 GOODHUE 10 4645 4 115 0 0 0 0 GRANT 3 1145 2 125 0 0 0 0 HENNEPIN 132 88720 31 5646 3 2669 7 233 Friday, February 20, 1998 Page 3 of 10 COUNTY SCHOOLS # SCHOOLS NURSING NURSING HOSPITAL HOSPITALS OTHER OTHER FACILITIES POPULATION FACILITIES POPULATION FACILITY POPULATION FACILITY POP HOUSTON 5 2210 3 281 0 0 1 70 HUBBARD 2 1150 1 25 0 0 0 0 ISANTI 3 2550 2 390 0 0 0 0 ITASCA 13 5980 2 150 1 0 1 3 JACKSON 7 2100 2 100 0 0 0 0 KANABEC 1 550 1 0 1 8 0 0 KANDIYOHI 10 6375 1 0 0 0 0 0 KITTSON 3 793 1 0 0 0 0 0 KOOCHICHING 8 2171 2 145 0 0 1 0 Friday, February 20, 1998 Page 4 of 10 COUNTY SCHOOLS # SCHOOLS NURSING NURSING HOSPITAL HOSPITALS OTHER OTHER FACILITIES POPULATION FACILITIES POPULATION FACILITY POPULATION FACILITY POP LAC QUI PARLE 3 1295 1 240 1 120 0 0 LAKE 2 745 0 0 0 0 0 0 LAKE OF THE WOODS 1 86 0 0 0 0 0 0 LE SUEUR 4 1755 2 145 0 0 0 0 LINCOLN 5 1496 1 95 1 0 0 0 LYON 7 2775 2 187 2 110 0 0 MAHNOMEN 4 1730 0 0 1 0 1 0 MARSHALL 1 190 0 0 0 0 0 0 MARTIN 5 1797 1 60 0 0 0 0 Friday, February 20,1998 Page 5 of 10 (COUNTY SCHOOLS # SCHOOLS NURSING NURSING HOSPITAL HOSPITALS OTHER OTHER FACILITIES POPULATION FACILITIES POPULATION FACILITY POPULATION FACILITY POP MC LEOD 19 7957 4 157 0 0 17 436 MEEKER 4 2705 3 278 1 45 0 0 MILLE LACS 4 2790 2 120 0 0 0 0 MORRISON 13 4430 2 296 1 108 1 76 MOWER 9 4337 4 471 1 200 0 0 MURRAY 3 370 1 85 0 0 0 0 NICOLLET 3 1250 2 160 0 0 2 750 NOBLES 5 1595 3 250 1 0 0 0 NORMAN 3 770 0 0 0 0 0 0 Friday, February 20,1998 Page 6 of 10 (COUNTY SCHOOLS # SCHOOLS NURSING NURSING HOSPITAL HOSPITALS OTHER OTHER FACILITIES POPULATION FACILITIES POPULATION FACILITY POPULATION FACILITY POP OLMSTEAD 28 15587 3 54G 0 0 2 30 OTTERTAIL 16 ' 7961 3 417 0 2 0 PENNINGTON 1 620 0 0 0 0 0 0 PINE 6 3430 1 125 1 110 0 0 PIPESTONE 2 1050 2 223 0 0 0 0 POLK 3 700 0 0 0 0 0 0 POPE 4 2061 2 209 1 0 0 0 RAMSEY 103 63818 14 1825 1 150 5 153 RED LAKE 2 470 0 0 0 0 0 a Friday, February 20, 1998 Page 7 of 10 COUNTY SCHOOLS # SCHOOLS NURSING NURSING HOSPITAL HOSPITALS OTHER OTHER FACILITIES POPULATION FACILITIES POPULATION FACILITY POPULATION FACILITY POP REDWOOD 7 2790 4 170 0 0 0 0 RENVILLE 4 1410 2 97 0 0 0 0 RICE 9 5559 4 436 0 0 0 0 ROCK 1 0 2 130 1 100 0 0 ROSEAU 5 3126 1 90 1 225 0 0 SCOTT 12 6200 2 125 1 100 0 0 SHERBURNE 9 11942 4 433 0 0 0 0 SIBLEY 1 725 2 112 1 25 1 50 ST LOUIS 26 12028 6 307 3 41 1 500 Friday, February 20, 1998 Page 8 of 10 COUNTY SCHOOLS # SCHOOLS NURSING NURSING HOSPITAL HOSPITALS OTHER OTHER FACILITIES POPULATION FACILITIES POPULATION FACILITY POPULATION FACILITY POP STEARNS 39 20660 6 223 2 850 40 2523 STEELE 13 6997 3 324 1 0 3 490 STEVENS 1 525 0 0 0 0 0 0 SWIFT 3 1345 1 100 0 0 0 0 TODD 5 2400 1 150 1 150 0 0 TRAVERSE 2 535 1 54 1 10 0 0 WABAS1 A 5 3550 1 0 0 0 0 0 WADENA 4 3070 1 115 0 0 1 25 WASECA 9 4766 3 60 0 0 0 0 Friday, February 20, 1998 Page 9 of 10 COUNTY SCHOOLS # SCHOOLS NURSING NURSING HOSPITAL HOSPITALS OTHER OTHER FACILITIES POPULATION FACILITIES POPULATION FACILITY POPULATION FACILITY POP WASHINGTON 30 24035 1 200 1 50 l 0 WATONWON 5 2205 2 125 1 0 0 0 WINONA 11 4463 3 170 0 0 0 0 WRIGHT 22 12865 5 293 0 0 0 0 YELLOW MEDICINE 5 2118 1 71 0 0 0. 0 Grand Total 911 527873 204 • 21287 47 7393 107 7788 Friday, February 20, 1998 Page 10 of 10 Minnesota and Nearby Weather Radio Broadcast Areas Roosevelt�l :: Rimon ::: :::::..t • W WF -45 3 / International iX. :. Falls WXK-457 akl d Via Thief River Falls WXK-436 bennngldi!arn :Rc6WrJftng: Redtale* . G� :: ; .: ; :� Bemidji $Liars::::: ....... WXM-99Z : Notmaa .. . • . . . National Weather Service 8/96 Cacc�in'• tom: .'.'.' .. • ' Twin Cities Cray ' • ' • Beaker :1:::: : Hum2rd . . ; .:.:. hm.'....: Detroit Lakes :::: Duluth ;: WXJ-88' :•:::::;:; ::: 7WXM4' :: KG-64Far o ... ... 4 •::.:WXK-42:::::. '.'Yeeoa.Medv=e'.'.'. 'Aelr<Me.•.' .' ' WSW+.' ' WadanS . . . . ... '. La • vi e Li -d . LW . . . . _'•'Yom••• ..- u sur : : _ : Pte. Ooo1h� : ' W�cret . . eraMn •' •' Mankato .... ..... ..... ...... St. Cloud l •' .. AMirraJl ::: : WXL 1 ; ' • -isaiih ' ' • : • : .: ' : Slearr s �1 : � :aq .... , s& : sarr .... Willmar WXK-444 ' ' No01e4 ' National Weather Service 8/96 Cacc�in'• • • .. .'.'.' .. • ' Twin Cities Eau Claire hm.'....: KEC 65 7 WXJ-88' :•Mcleod:. 'EaN. . '.'Yeeoa.Medv=e'.'.'. 'Aelr<Me.•.' .' ' Li -d . LW . . . ' . ; . . Rgdvac0 u sur : : _ : Pte. Ooo1h� : ' W�cret . _ ........ eraMn •' •' Mankato Rochester AMirraJl ::: Cdtbnwood::. • : • WXK-40 : WXK-414 Sioux Falls:Farceui ' ' No01e4 ' ' J&Omn ' ; : Fre4oan: •' :'::: LaCrosse 7 WXM-28' .clock• . . . . . . . ..'.*w —.ann • WXJ-86 :Famore .4 6n National Weather Service 8/96 Information on NOAA Weather Radio Enclosed is a two-sided page taken from a collaborative publication (NOAA, FEMA, Red Cross) issued in March 1997 on NOAA Weather Radio. Other items in the publication include a state -by state listing of the weather radio stations, uses for the radio, what to listen for, and steps to take in - developing a family -disaster plan. The publication "number is NOAA PA 96070/ARC 5088. The information on the enclosed page can be used as is for press releases, presentations, news articles, and can be photocopied as needed. EMERGENCY ALERT SYSTEM Millions of Americans raised during the Cold War heard the weekly tests of the old Emergency Broadcast System (EBS). Beginning January 1, 1998, the new Emergency Alert System (EAS) replaced the EBS. With the EAS, messages are sent through automated digital equipment which means that the time needed to notify the public is shortened and the information is more accurate. The new EAS rules also require cable television operators to participate, just as radio and broadcast television have done in the past. In the future, pagers, computers, CD players and other devices will be produced to receive an EAS signal so you won't have to be near a radio or TV to be alerted to an emergency. The EAS will be used to notify the public of state or local emergencies such as severe weather or chemical spills, as well as national emergencies. For more information on the EAS, check the Division of Emergency Management website at: www. dps. state. mn.us/emermgtrndex. html or contact by phone at 612-296-2233. Your closest resource is your local emergency manager at: Note: This information can be used as is with your local phone number(s) or can be a lead to larger articles specific to your area. The website also includes the current Minnesota EAS statewide plan as well as more detail on the system itself. 1997 Minnesota Tornadoes L.b..0. W. r.,..� V— F1 > FO n.+6 V LAW. t 1 V v xL— F. FO V --FO tAh. V1 FO DA worm O TSG v 6�de FO C— wbs T.0 F1 F1 v D T FZ F1 (73-112 mph) 12 > F2 (113-157 mph) 5 -- F3 (158-206 mph) 2 >a.�. F4 (207-260 mph) 0 F1 F5 (> 260 mph) 0 FO F1 FO wd.,d v Brief Tornado Touchdown (2 miles or less) s V FO FO c Estimated Tornado Path Length and Track 71r F Scale # in 1997 FO (< 73 mph) 28 Yi vv- I V p � Fy �� v - rs11 /� CV yy �k1 r V FO lreY Liv V !-� MmWt facet �. ..d..«+ FO m F� Mree. W— r c.n....a w.... "..'� FO FO :yyi f V w.w \ ir...r FO FOFV . lWUo al W"th'r Serrkr 11/47-mhk STATE OF MINNESOTA 1998 STATEWIDE TORNADO DRELL/EXERCISE QUESTIONNAIRE STATEWIDE DRILL ON APRIL 23, 1998, AT 1:45 P.M. FACILITY NAME ADDRESS (STREET) (CITY) (ZIP) TELEPHONE NUMBER COUNTY TYPE OF FACILITY: [ ] SCHOOL [ ] AGING SERVICE PROVIDER [ ] BUSRI ESS/FACTORY [ ] GOVERNMENT AGENCY [ ] OTHER 1. Did your facility conduct a drill/exercise as part of tornado awareness week? [ ] Yes [ ] No 2. Did the building's population (students, residents, employees, etc.) evacuate to the building's designated shelter area, as part of the drill? [ ] Yes [ ] No If yes, approximately how many people?. 3. Of the following methods listed below, which do you normally rely on to receive weather watches and warnings: a. [ ] NOAA Weather Alert Radio b. ' [ ] Commercial Radio c. [ ] Commercial Television d. [ ]Telephone Call e. [ J Outdoor Warning Sirens f. [ ] Other 4. Do you feel you normally receive adequate warning of approaching severe weather from the above method(s)? [ ] Yes [ ] No 5. Do you have written emergency plans and procedures for your facility? [ ] Yes [ ] No 6. Do you routinely exercise or test your emergency plans? [ ] Yes [ ] No 7. Has your facility been involved in any large-scale community emergency exercises? [ ] Yes [ ] No 8. If you would like your local emergency management director to contact you and help you with additional emergency planning assistance, please provide your name and telephone below: (NAME AND TELEPHONE NUMBER) Thank you for completing this survey and returning it to the address below by May 22, 1998 to be counted in the statewide survey results. Department of Public Safety Division of Emergency Management B5 State Capitol 75 Constitution Avenue St. Paul, Minnesota 55155 NOAA Weather Radio broadcasts National Weathcr.Service warnings, watches., forecasts and ether hazard information 24 hours a day. Known as the "voice of lire National WeaMer Service," NOAA Weathcr Radio is provided as it public service by the Department of Commerce's National Oceanic and Atmospheric Administration. The NOAA Wtathcr Radio network has more than 425 stations in the 50 states and near adjacent coastal waters, Puerto Rico, the U.S. Virgin Islands and U.S. Pacific Territories. What's the weather? Thanks to NOAA Weather Radio, you'll always have the answer to that question and access to potentially life- saving emergency information whenever you need it. When you purchase a NOAA Wcather Radio receiver, you are purchasing ran of the National Weather Service network. The network is constantly upgrading its technology to provide the best weather reporting service possible for the nation. For less than the cost of a new pair of shoes, you can own a special weather radio that provides instant access to the same weather reports and emergency information that meteorologists and emergency personnel use—information that can cave your life! r GET THE INFORMATION YOU NEED...24 HOURS A PAY. -SETA NOAH WEATHER RAvlo! Laaendary canro S&O charaofar Mark Trpq. "OMW s00k#W@ft 4I ror Nona W081nef R.xna. Aal L&VAI 90AWAOons of Amarkans about Idea) the wrennrs Tha Bfnp, syndrWraa by icing Faafuras n !75 hawapapo•f naftohwide. is u mon - 4nd drawn byJwN Elrod 11A LL -HAMcAap�'bilities NOAA Weather Radio now broadcasts warning and post -event information for all types of hazards—both natural (such as earthquakes and volcano activity) and technological (such as chemical releases or oil spills). Working with other rtxleral agencies and the Federal Communications Commission's new Emergency Aleft System, NOAA Weather Radio is an "all hazards" radio network. making it the single source for the most comprehensive weather and emergency information available to the public. Weather radios equipped with a special alarm tone feature can sound an alert and gi vc you itnmediatc information about a life-threatening situation. During an emergency. National Wcather Service forecasters will intemtpt routine weather radio programming; and send out the special tone that activates weathet radius in the listening arca. The ficarine- and visually impaired also can get these warnings by connecting weatherradios with alarm toric. to ocher kinds i,l';I[telrtrcul •ce[tUlr &Vices like strobe lights, pagers. bed -shakers, per-nnal computers curd text printers. Who Needs NOAA Weather Radio? Public safety experts agree; the receivers should be, standard equipment in every home. They arc especially valuable in places that are entrusted with public safety, including hospitals, schouls. places of worship, nursing homes, restaurants. grocery stores. recreation -centers, office buildings, sports facilities, theaters, retail stores. bus and train stations, airports, marinas and ocher public-gatherine places. Where Can 1 Purchase a NOAH Weather Radio? Check with stores that sell electronics, or call the National Weather Service office closest to you. More information is available through the Internet at the National Weather Service's NOAH Weather Radio Web Site— http:/twww.nws.noaa.gov/nwr NOAA Weather Radio ... IMproving For the Future Additional NOAA Weather Radio transmitters will continue to expand the nationwide network coverage to more rural areas. With new digital technology, life-saving messages broadcast on NOAA Weather Radio will now be targeted to a specific area. like a county or portion of a state, to bring more hazard -specific information to the listening area. Additional digital technology will provide automated broadcast capability for more timely service. Digital technology also allows these messaces to he automatically received by all the communications industries of the information superhighway—broadcast, cable. satellites and other media—thrcxlgh the Federal Communications Commission's Emergency Alert Systcm. Receivers to Fit Different Needs Weather radios come in many sizes and with a variety of functions and costs. Many of the radios sound a tone alarm and/or turn on the audio when severe weather announcements or emergency information are broadcast. To make use of the new digital coding technology, more sophisticated weather radio receivers will be required. Most NOAA Weather Radio receivers are either buttery -operated portables or AC - powered desktop models with battery backup so they can be used in many different situations. Some CB radios, scanners, short wave and AM/FM radios are capable of receiving NOAA Weather Radio " transmissions. Many communities throughout the United States also make Weather Radio available on cable TV and broadcast television's secondary audio programming channels. Ya n s colh PartneWjj�r The goal of the National Weather Service and other emergency preparedness agencies is to expand the reach of weather radio broadcasts to 95 percent of the U.S. population. Innovative partnerships between the Weather Service, private Sector organizations and state and local governments are fueling this expansion. For more information about developing a partnership with the National Weather Service. contact your local Wcather Service office. O JNT Y 0.c �! P� r Z d O �dy X855 i LVELLKREEsE, Director 7 AGI: VETERAN_ &W V710E, CIVIL DENSE -& NUiCLEAR 10 21VD STREET NW RM 220 Telephone: (612) 682-7325 BUFFALO MN 55313-1184 1-800-362-3667 Ext. 7325 MEMO DATE: April 6, 1998 TO: Wright County Civil Defense Directors FROM: Genell K. Reese, Civil Defense Director RE: Weather Training On April 29, 1998, I will be having the National Weather Service come out to Wright County to give Weather Training. We will have two sessions, 1:30 PM and 7:00 PM. The sessions will be at the Wright County Government Cemter, in Rooms 120A and 120B (Community Room). The Weather Service will need to know how many will be attending each session.. -Please let me know the number that will attend, by April 20, 1998. If you have any questions, please do not hesitate to give me a call. My number is listed above. Hope you can join us on April 29th! � / Z'I'u , � L " EquaCOpportunity / Affirmative Action Employer C� CITY OF OTSEGO 8899 Nashua Avenue N.E. ON THE GREAT RIVER ROAD (612) 441-4414 Elk River, MN 55330 Fax: (612) 441-8823 January 29, 1998 Jeff Asfahl Community Recreation Coordinator 1230 School Street NW Elk River, Minnesota 55330 160 MITM-11%.V117 Me. tne Dear Mr. Asfahl: At our Council Meeting of January 26th the issue of participation numbers from Otsego in the Community Recreation Program was discussed. It was noted that your staff has had difficulty determining which registrants are from Otsego, as we have Elk River/Rogers mailing addresses. We understand how that can be confusing. We have suggested in the past that there could be check off boxes on the registration forms for the different communities and the registrant could simply check where they reside. We are not sure if this is being done, but our Council strongly urges you to implement this method. The Council also agreed that I should contact you to obtain your registration list. Our city staff can determine how many are Otsego residents quite easily. Therefore, please fax or mail a registration list so we can review it and indicate the Otsego residents and return the list to you. We appreciate vour cooperation with this matter. Sincerely, CITY OF OTSEGO Elaine Beatty, City Clerk,'Zoning Administrator eb CC: Mayor and Council Mike Robertson CITY" OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 9. CcunCi_ -- tents : E_aine Beatty Council of: 4/13/98 6:302NT ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB, CC 9.2. Mike Robertson, City Administrator - Update: A. Discussion of 1998 Annual LMC Conference in Duluth June 16th - 19th, 1998 B. Recommendation of Right-of-way agent C. Recommendation for Accounting Software D. Any other Administration Information BACKGROUND: Mike Robertson will be at this Council Meeting to discuss and answer any questions on the above 9.2. A - D. (See attached information) RECOWENDATION: T-Iiss for Council discussion and decision :•mere necessary. T: -tanks, a , n2 2� e LMC League o`Minnasota Cities Cities promoting exceflenca March 27, 1998 Dear Clerk, Administrator or Manager: r) 145 University Avenue West, St. Paul, 'MN 55103:2044 Phone: (612) 281-1200 0 (800) 925-1122 Fax: (612) 281-1299 • TDD (612) 281-1290 As President of the League of Minnesota Cities, I would like to invite you and the elected and appointed officials in your city to attend the 1998 Annual Conference, June 16-19, in Duluth. Enclosed with this letter is some information about the conference, together with a conference registration form and a housing registration form. Information and the registration form for the family program is also enclosed. Similar information was in the March issue of Minnesota Cities and will be contained in the April issue as well. If those from your city who are planning on attending have not registered, please encourage them to register now. And, if no one from your city is planning on attending, I hope my letter will highlight enough of the important events which are being planned so that officials in your city will consider attending. Please put the topic of attending the League's annual conference on the agenda of your next council meeting, if your city has not already discussed attending this event. There are three purposes for the annual conference: to learn by attending the general sessions and workshops, to learn by interaction with other city officials, and to inspire and re-energize city officials. As you review the enclosed preliminary program, I think you will agree with me that the conference planning committee again did an outstanding job in designing many learning opportunities on important topics. Many of these sessions apply to cities of all sizes, but, in addition to sessions especially focused on the needs of Small Cities, there will be sessions designed for Metro Cities and Greater Minnesota Cities as well. No matter what the size of your city or where it is located, there will be several sessions during which your city officials can learn how to better perform many of their responsibilities. In the exhibit hall, called "Cities Marketplace" about one hundred and fifty providers of goods and services to cities will display what they have to offer. This is a great place to learn about the newest innovations in providing services to citizens and in improving city government. The Leadership Institute for Elected City Officials will continue, with sessions on Conflict Resolution and The Basics for Elected Officials. AN EQUAL OPPORTUNITY/AFFIR`IATIVE ACTION EMPLOYER Letter to Clerks, Administrators or Managers Page Two Several sessions are planned where city officials can interact on an informal basis. The Tuesday Evening Kickoff will be at Spirit Mountain and will include Native American Dancers and stories of the ghosts of Spirit Mountain. On Wednesday evening for City Night, there will be strolling musicians and a spaghetti dinner in Cities Marketplace, followed by an ice cream social in Canal Park and free Omninex Theater admissions. General session highlights will include a Gubernatorial Forum on City Issues, a presentation by Mark Yudof, President of the University of Minnesota, on the topic of "Partnerships for Building Strong Communities, and, for the Grand Finale, the great marathon runner Dick Beardsley will give an inspirational presentation on "Facing Life's Challenges and Going the Distance.".. And there's more, too much more to outline here. See the enclosed preliminary program and family program for more details, and, I'll See You In Duluth! Sincerely, Bob Long, President League of Minnesota Cities Registration and Housing In'ormation , Important Instructions Rooms will be reserved on a first- come, first-served basis. The earlier you make your reservations, the better the chance you will have of getting your first choice hotel. The hotels will hold the room block until May 15, 1998. A deposit equal to one night's lodging per room must accompany this housing form. CREDIT CARD PREFERRED YOU WILL RECEIVE A CONFIRMA- TION OF YOUR RESERVATION FROM THE ASSIGNED HOTEL ALL CHANGES IN RESERVATIONS OR CANCELLATIONS MUST BE MADE THROUGH THE HOUSING BUREAU IN WRITING. -7 HOUSING FORM Information and rates Holiday Inn $71 single/double 200 West First Street $79 triple $87 quad Radisson Hotel Duluth $71 singleldouble 505 West Superior Street Inn on Lake Superior Single/double 350 Canal Park Drive $89 poolside Hampton Inn $69 single/double cityside 310 Canal Park Drive $79 single/double lakeside Comfort Suites $79 singleldouble atyside 408 Canal Park Drive $89 single/double lakeside Best Western Edgewater $64 single/standard 2400 London Road $70 double/triple/quad $74 single/atrium building $80 double/WpWquad atrium building Canal. Park Inn - $68 single/double _ 250 Canal Park Drive _ . Waterfront Plaza $89 studio suites 325 Lake Avenue South, : $99 one bedroom suites. .:. $119 jacuzzi suite A All abotre rates tax' room per night. N-m- HousingReservation (PLEASE PRINT OR TYPE) � Name: Title z� City or Organization: Address: >. . City: State: Zip: Arrival Date: Arrival Time: Departure Date: Hotel Preference First: Second: Third Special Requirements: Smoking: _ No _ Yes Names of All Occupants: One Bed Two Beds Enclosed is a deposit equal to one night's lodging per room. check credit card. MAKE CHECKS PAYABLE TO DULUTH CONVENTION AND VISITORS BUREAU Send to: Duluth Convention and Visitors Bureau LMC Housing Bureau 100 Lake Place Drive Duluth, MN 55802-2326 Attn: Pat Shinn or fax to Pat Shinn at (218) 722-1322. Credit Card Preferred Credit Card Company Card Number Expiration Date The LMC Housing Bureau is authorized to use the above card to guarantee my hotel reservations reserved by me. I understand that one night's room will be billed through this card if I fail to show up for my assigned housing on the confirmed date, unless I have cancelled my reservations with the hotel prior to 6:00 p.m. on the day of arrival. RESERVATIONS BY PHONE WILL NOT BE ACCEPTED. Cardholder signature Date Any questions, please call Pat Shinn at (800) 438-5884, ext. 109 Retain a copy of this form for your records. Special Housing Request: If you have special needs, please attach a written description to this housing form, e.g. wheelchair accessible room, etc. REGISTRATION FORM Please type or print Length of time in office years Name Sex F M Nickname for badge Title City or organization Mailing address City Telephone ( ). State Zip There is no registration fee for family members, HOWEVER MEAL TICKETS ARE NOT INCLUDED FOR FAMILY MEMBERS AND SHOULD BE ORDERED IN ADVANCE UNDER EXTRA MEAL TICKETS.* Family/Guests attending: Spouse full name Sex F M Child Child FEW 5 ISM a, I will attend the Minnesota Women In City Government (MWCG) Lunch Wednesday, June 17,11:15 a.m.-1:15 p.m. No charge. want to join MWCG. Please bill me ($18.00) This is my first League of Minnesota_ Cities Annual Conference I plan to attend the Leadership Institute for Elected Officials Thursday 9 a.m.-12 noon Conflict Resolution Thursday 2:15-4:30 p.m. Basics for Elected Officials FULL CONFERENCE June 16-19,1998 Registration includes admission to all sessions and conference activities, including tickets to: • TUESDAY EVENING KICK-OFF (m ' ' n.e s..ry) • WEDNESDAY EXHIBITORS' LUNCHEON • WEDNESDAY CITY NIGHT • THURSDAY MAYOR'S LUNCHEON • THURSDAY BANQUET WEDNESDAY ONLY June 17, 1998 Registration INCLUDES admission to all Wednesday sessions including tickets to: • TUESDAY EVENING KICK-OFF (m ftk t n.w...,y) • WEDNESDAY EXHIBITORS LUNCH • WEDNESDAY CITY NIGHT THURSDAY AND FRIDAY June 18, 1998 Registration INCLUDES admission to all Thursday and Friday sessions including tickets to: • WEDNESDAY CITY NIGHT • THURSDAY MAYOR'S LUNCHEON NOTE: This registration DOES NOT Include THURSDAY BANQUET TICKETS. ORDER UNDER EXTRA MEAL TICKETS. COST. INFORMATION EARLY REGISTRATION (POSTMARKED BY MAY._8•.1.998) $250 _FULL CONFERENCE $ $120 WEDNESDAY ONLY $ $120 THURSDAY AND FRIDAY $ ADVANCE REGISTRATION (POSTMARKED BY MAY 22, 1998) $270 FULL CONFERENCE $ $130 WEDNESDAY ONLY $ $130 THURSDAY AND FRIDAY $ ON-SrTE REGISTRATION (AT CONFERENCE) $295 FULL CONFERENCE $ $140 WEDNESDAY ONLY $ $140 THURSDAY AND FRIDAY $ EXTRA MEAL TICKETS PURCHASE FOR ALL FAMILY/GUESTS ATTENDING $10.00 WEDNESDAY $ EXHIBITORS LUNCH $10.00 WEDNESDAY $ CITY NIGHT $15.00 THURSDAY $ MAYORS LUNCH $26.00 THURSDAY $ BANQUET TOTAL ENCLOSED $ (NO'TICKET NECESSARY FOR TUESDAY EVENING KICK OFF) General Information Every delegate, guest, speaker, media representative, and other attendees MUST REGISTER with this form. Complete the form and return it along with full payment of appropriate confer- ence registration fees to address below. NOTE: No registration will be processed without payment in full, or without an accompanying city voucher or purchase order. Conference Registration Cancellation Policy All requests for cancellation must be in writing, postmarked by May 29, 1998, and are subject to a $30 cancellation fee. All registration cancellations/.: changes must be in writing. Special Needs:. If you are disabled and require special services or transportation, or if yod hi special dietary needs, please attach a written description to this registration , � form. . Registration Confirmation ' S Pre -registrants will receive a registration confirmation to be presented at the ADVANCE REGISTRATION desk. Leadership Institute Credit Available Elected Officials participating in the LMC Leadership Institute can earn five credits towards a certificate of recognition for conference attendance. Earn an additional two credits each by attending the Thursday morning Leadership Institute program on Conflict Resolution and the Thursday afternoon program on Basics for Elected Officials. Registration Information For more information contact: Cathy Dovidio (612) 281-1250 or 1-800-925-1122. Make check payable and return with form to: Finance Department—AC League of Minnesota Cities 145 University Avenue West St. Paul, MN 55103-2044 City contact Daytime phone number Feel free to duplicate for multiple registrations. 1998 LMC 85th Annual Conference Minnesota Cities: Going the Distance Tuesday, June 16, 1998 Thursday, June 18, 1998 Tuesday Evening Kickoff at Spirit Mountain with BBQ Dinner, Continental Breakfast Native American Dancers, and a telling of the Stories of the Ghosts 7:30 - 9 a. in. of Spirit Mountain 6 p.m. Registration/Computer Labi"Cities Marketplace - 7:30 - I I am. arketplace"7:30-Ilam. Wednesday, June 17, 1998 Registratioe'Cities Marketplace"/Tech City/Computer Lab 7:30 a.m.-8p.m. Continental Breakfast 7:30 - 8:45 a.m. Welcome/Opening Session 8:45-10:15 a.m. MARK YUDOF, PRESIDENT, UNivERsrrY OF MINNESOTA Tour "Cities Marketplace" 10:15-10:45 am. - Nominating Committee Meeting 10:45 a.m. - 4 p.m. Concurrent Sessions I (choose one) 10:45 - 11:45 a.m. • How to Handle Hot Topics • Improving Relationships Between Cities, School Districts and Counties - • Avoiding Expensive Mistakes in Eminent Domain • How to Recruit, Sustain, Recognize & Utilize the Services of Volunteers • Elected Officials Responsibility in Emergencies • Investing in the Internet—What You Can Learn from Other Cities • Special Interest Session—Especially for Cities With Airports Exhibitors' Luncheon in "Cities Marketplace" 11:45 a.m. - 1:15 p.m. General Session 1:15 - 3:00 p.m. GUZIMNATORLkL CA.NDIDATEs FORUM ON CITY ISSUES Tour "Cities Marketplace" 3 - 3:30 p.m. Concurrent Sessions II (choose one) 3:30 - 4:30 p.m. • Educating Citizens About Local Government • Affordable Housing That Works • Employee Recognition Programs • New Collaborative Approaches to Recreation • Alternative Revenue Sources (plus Setting Fees & Rates to Raise ;Money) • Improving Community Life for Youth • Special Interest Session—Especially for Cities With Railroads City Night 4:30 - 8:00 p.m. With Spaghetti Dinner and Strolling Musicians in "Cities Marketplace" followed by an ice cream social and games in Canal Park's Grand Slam, and Free Omninex Theater admissions. Note: On Thursday, certain sessions are specifically',' designed for Metropolitan Area Cities (MC), Greater Minnesota Cities (GMC), and Small Cities (SC). Concurrent Sessions III (choose one) 9-10 a.m. • Annexation (GMC) • Specialized Hiring (Police & Fire) (SC) • Met Council Forum (MC) • Leadership Institute: Conflict Resolution (until noon) • Customer Service: Dealing Directly With Citizens • Money Down The Drain • Special Interest Sesssion—Especially for Cities Trying to Implement Sustainable Development • Special Interest Session—Especially for Cities With Higher Education Institutions Tour "Cities Marketplace~ 10 -11 a.m. Concurrent Sessions IV (choose one) 11 - 12 noon • Corporate Subsidy Reform Commission (GMC) • Alternative Waste Treatment Systems (SC) • Greenways (MC) • Visioning for Your City • Leadership Institute: Conflict Resolution (continued) • Getting Citizens Involved in Relevant, Beneficial Ways • Special Interest Session—Especially for Cities With Armories Mayon Association/Mini-Conference Luncheon/LMC Annual Meeting 12 noon - 2:15 p.m. Concurrent Sessions V (choose one) 2:30 - 3:30 p.m. • Comprehensive Planning (GMC) • Collaboration (Intergovernmental & Between Cities) (SC) • The Comp Plan: A Tool For Decisionmaking (Part I—The Issues) (MC) • Leadership Institute: The Basics for Elected Officials (until 4:45 p.m.) • Electric Deregulation • Capital Improvements—Infrastructure • Special Interest Session—Especially for Cities With Municipal Liquor Stores Concurrent Sessions VI (choose one) 3:45 - 4:45 p.m. • Waste Water Treatment Regulations (GMC) • Roundtables on Topics of Interest to Small Cities (SCJ • The Comp Plan (Part II—Possibilities for Growth Management, Redevelopment, Implementation) (MC) • Leadership Institute: The Basics for Elected Officials (continued) • Partnership 2000: Improving City/State Relations LMC Reception and Banquet 6-9p.m. Recognition Celebration 9 p.m. - midnight Friday, June 19, 1998 Continental Breakfast 8-9a.m. General Session 9 - 10:45 a.m. DICK BEARDSLEV in aawo anBnal aw )n gampalq R.snw nna asuald suo}lsanb R nrq*naa non8) !I SOISS Aiw 61nod 'jS Tsai auua4V Rl}s.saa}u fl !;Pr salt}a wosauu}w Jo an6na7 vampaw fi.#nw :ol pallum aq pinogs s6nld 'papnlaul aq of sano/1 agil pgam pun aauaaaJuoa aqj ino -ufnoaq Haan is gigxa aW ui pa/i8ldsip aq 1llm sfinU SlIj zaauaaajuoa lunuuV 866 [ scanBuaj asp in fluldslp of Eng SJbIa anon Buippoad us i paisaaa�ul nob a sV •sailla 01 pat"n1aa aq 1114n sfinU 11 V sfimll 10 finjd s�,Q O)■ MEMO Date: April 8, 1998 To: Mayor & Council From: Interim City Administrator Mike Robertson Re: Selection of Right -of -Way Agent for Negotiation & Acquisition of Easements The Council had directed Andy MacArthur and I to seek proposals from Right -of -Way (ROW) agents to represent the City in the process of negotiating easement agreements with the approximately 155 property owners whose land we will be condemning to install the water and sewer system. Of the various firms Andy solicited five have submitted proposals. Those proposals are summarized below. Unfortunately, this is not a bidding process where we can measure exactly the work that needs to be done, have everyone bid on the same thing, and then select the lowest responsible bidder. Accordingly what I have done is contacted past clients of each firm to see how they have done their work; whether it has been done on time; and if the people whose land was acquired have been satisfied with the way the company treated them. Those comments are included as part of the summary of each applicant. W.D. SCHOCK & COMPANY Location - WD Schock is the one company that is national in scope. Their main office is in Nashville. They have three regional offices and seven project offices, among them Minneapolis. Their Minneapolis office has ten staff. Description - They primarily advertise their expertise in airport expansions and relocations. Their client and reference lists are mainly airports located around the country. The only Minnesota clients they reference are US West and the Mpls-St. Paul airport. References - They provided an article from the Richfield Sun -Current describing some homeowners satisfaction with the work WD Schock did in negotiating the purchase of their homes for the expansion of Mpls-St. Paul airport. All of their other references were airport managers around the country. Costs - None listed. 0 NORTH STAR LAND SERVICES Location - They are located in St. Paul. Descrixation - North Star has been in business 8 years and describes themselves as specializing in Right -of -Way (ROW) acquisition. Their listed clients include Champlin, Shakopee, the counties of Anoka, Washington, Chisago, Scott, & Ramsey, along with NSP and US West. ReLzrPncgs - I spoke with Jack Bittle, Champlin's City Engineer. They used North Star on a project which involved ROW and sewer easement acquisitions. He was very happy with them and does not recall any citizen complaints. I also spoke with Ken Anderson, County Engineer of Chisago County. He said they have used North Star on a variety of ROW acquisition projects and have always been happy with them. He said he has never received any complaints about them from property owners. Mike Kelly, Anoka County Engineering Department, echoed the above comments, saying they have used North Star several times and always been happy with them. Costs - $41-$45/hour for agents, $65/hour for principals. 3 EVERGREEN LAND SERVICES COMPANY Location - They are located in Minnetonka and have ten employees. n _s .r; io - Evergreen has been in business 25 years and describe themselves as specializing in ROW acquisition. Their client list includes at least 35 cities, 6 counties, and one township. They also list a variety of utility companies, school districts, and rail companies as past clients. References - I spoke with Desyl Peterson, City Attorney of Minnetonka. She spoke very highly of them. She said their first project with Minnetonka was a road expansion which involved acquiring additional ROW from 105 property owners and which was bitterly opposed by most of those 105 property owners. She said she received only one complaint from a property owner. She that Evergreen has excellent people skills and that the City has hired them for several subsequent projects. Rick Wolfstellar, City Administrator of Monticello, said Monticello has used them in the past for ROW acquisition and he was happy with their services. He said it was a few years ago that the City used them but that he does not recall receiving any complaints about them. Jan Olson, City Administrator of Oak Grove, echoed the above comments. She said they have used Evergreen several times, never received any complaints, and would use them again. Agents are $45/hour, managers are $60/hour. 19 WILSON DEVELOPMENT SERVICES Location - They are located in Chaska and have one principal and two agents, plus support staff. Description - Wilson has been in business 17 years and provides a variety of real estate related services. Besides ROW acquisition and relocation, those services include economic development consulting, market research, tax increment financing (TIF), housing, and property management. Otsego has used him to develop a TIF policy and to provide occasional advice to the EDA and EDAAC. References - Wilson is currently involved in ROW acquisition for the cities of Monticello and Buffalo. City Administrator Rick Wolfstellar of Monticello said that Wilson has been good to work with, that he has provided good suggestions on the acquisition process, and that they have not heard any complaints about him from property owners. Assistant Administrator Laureen Bodin of Buffalo says that they have used Wilson on a variety of projects and have been very happy with him. She noted that the firm has come through for the City under some tight deadlines and that she does not recall any complaints from property owners about Wilson. Buffalo has also used Wilson for TIF projects. Ken Anderson, County Engineer of Chisago County said the same things. He said he has never received any complaints about them from property owners and would use them again. Costs - Agents are $65/hour, principal is $75/hour. 5 GRAYDON R. BOECK Location - Boeck is located in Brooklyn Park and has 2 employees. Descri ion - Boeck has been in business for 25 years. Their information describes themselves as primarily civil engineers and planners, construction managers, and designers. References - They have done ROW acquisition for the cities of Eden Prairie and Brooklyn Park. With one exception, that work was done in the 70's and 80's. Costs - $80/hour. RECODMENDATION Discussions with people who have used their services clearly indicate that Evergreen, Wilson, and North Star are the best firms in this area. There is nothing I can point to that would separate one firm from another. In terms of costs, while their per hour charges are similar, the cost of their services will depend upon the amount of hours it takes to complete the job, so it is probably not useful to base any decision on per hour charges. If Council has a preference among the above three firms I would be happy to work with that preference. If Council does not have a preference, I request that Council allow me to negotiate with the three firms to determine which one could best fit our needs and schedule. 0 MEMO Date: April 8, 1998 To: Mayor & Council From: Interim City Administrator Mike Robertson Re: Fund Accounting Software On Monday, March 30 Councilmember Vern Heidner, Accountant Gary Groen, Deputy Clerk -Treasurer Judy Hudson, and Secretary Carol Olson viewed a presentation Banyon Data Systems of their Fund Accounting computer software. They were all very impressed and recommend purchase of the software, which will work on our existing computers. The Council Administrative Sub -Committee reviewed the issue and also recommends purchase of the software. This presentation was set up because the City's current accounting software is old and requires the same data to be entered twice. I asked Gary what accounting software he was aware of that he could recommend and he set up this demonstration with Banyon. I have enclosed Banyon's price list for the software. The software we are recommending the City purchase is the Fund Accounting Software ($2,495) with the Annual Support ($595) and the one day Training ($300), for a total price of $3,390. The money for this item would come from the Finance Department budget, which has $5,000 listed for a part-time assistant. Council will recall that their direction to me was that they did not want to hire part-time help and that staff was to look at other means for freeing up time. Purchase of this software should reduce Gary's (and later Judy's) time spent on data entry, which should reduce some of their costs. stems, Inc. 2)882-7734 !-441-4414 lab / 18 / 98 FAX: 'ustomer ID (BDS use on1VT .95 95 00 '95 .95 300 '46 35 10.2] (SUPPORT), 395 595 300 3-31-99 tort %is tool free number, new software releases and updates. duct and service in accordance with above specifications. All teration to above speciflcatiom hVoivbM extra costs wig be A above the estimate. ted within 30 days. Slg�atttre ad conditions are satisfactory reby accepted e, as specified. Payment shaII be a w of www.banyon.com 4 Fr�` )a NORTHERN, AIRGAS a AFFORDABLE SANITATION e RADZWILL LAW OFFICE 0 1� to TOTAL FOR MONTH to T(lTni i U DATE List fOr Approval 4TOb798____�-- MUNICIPAL OF CITY OF OTSEGO SUPPLIES RENTAL MARCFT–RECYC`L-rN MARCH SERVICES CLAIM ��E�VIII°fBE 04/06/98 3392 04/06/98 3393 V47Db 798-339-,4-- 04/.:06/98 3395 TOTAL 11-42 134.50 —317-56 8,102.40 1+1 v-bW.20 41,590.20 . I - - ----- - ------- - ------- - --------- - --- - ------ MEMO Date: April 13, 1998 To: Mayor & Council From: Interim City Administrator Mike Robertson Re: Letter to MPCA I have enclosed a copy of a letter I propose be sent to MPGA. This letter has been reviewed by and incorporates comments from City Attorney Andy MacArthur, City Engineer John Harwood, and Design Engineer Ted Field. They all recommend that we must take this step to attempt to get our project back on track. Please review the letter. We can incorporate any changes you desire into the letter. I would recommend the letter be approved by official vote of Council. 8899 Nashua Avenue N.E. Elk River, MN 55330 April 13, 1998 CITY OF O�SEGO ON THE GREAT RIVER ROAD Director Rod Massey Water Quality Division Minnesota Pollution Control Agency 520 Lafeyette Road North St. Paul, MN 55155-4194 Re: City of Otsego Wastewater Treatment Plant Permit Process Dear Mr. Massey: (612) 441-4414 Fax: (612) 441-8823 The Otsego City Council would like a meeting of yourself and the necessary MPCA staff, our Mayor, City Administrator, and City Engineer, and our legislative representatives to found why our wastewater treatment plant permit process is being held hostage to other interests and what is necessary to put the project back on track. On Thursday, April 9, 1998, Otsego City Administrator Mike Robertson and Design Engineer Ted Field met with your staff at our instigation to discuss the permit process for our proposed wastewater treatment plant. At that meeting our staff was astonished to learn that the EAW for the plant, which had been submitted October 28, 1997, over 5 months ago, had not been reviewed and would not be ready for public comment for some time. Our staff was further astonished to learn that MPCA staff did not intend to allow our EAW to go out for public comment until after the public comment period had concluded for the City of Greenfield's wastewater treatment plant EAW. This is unfair and unacceptable treatment. There is absolutely no reason to hold Otsego hostage to Greenfield's EAW process. There is no reason why the EAW hearings for the two communities cannot occur at similar times. Furthermore, our planned schedule for hearings and construction were part of our submittal of information to the MPCA in October, 1997 and we were not told that there was a problem with the schedule, even though we had discussed it with MPCA staff. Our schedule submitted in October, 1997 called for the NPDES permit to put out for public comment in February, 1998. It is very clear that if we had not asked for a meeting with the MPCA to discuss the permit process that MPCA staff would have been happy to let us go on in ignorance of the fact that they had every intention to hold up our process without telling us. The City Council of Otsego must, by State law, respond within a certain period of time when it receives requests. It is only fair that the MPCA do the same. The fact that MPCA staff is concerned, not about our project apparently, but about possible comments about it from other State agencies and environmental groups, is not a reason to deliberately delay our project. Lets hold the hearings, learn what the comments are, and take the steps required to address them. What is also frustrating to us is that we are being delayed because our treatment plant will discharge to the Crow River. We have offered to re -direct our discharge to the Mississippi River, which would physically be much easier and make more sense for our community. However, we have consistently been told by the MPCA that we should discharge to the Crow River. We have had numerous conversations with MPCA over the past six months and always we have asked "What more information do you need? Is there anything we can do to help speed up the process of approval? Always we were told that we had submitted everything we should and that things were going a little slower than usual because MPCA was short staffed. We can understand being short staffed because we all suffer under that handicap. What we cannot understand or accept is that there is K apparently a deliberate policy to delay our permitting process and that we were not informed of this policy. We want this policy ended immediately and our EAW promptly noticed for public comment. We attended the "Friends of the Crow River" meeting and were impressed with your comments about partnering with local communities on the Crow River. Let's start that partnering as soon as possible. Our City Administrator Mike Robertson will be calling you to set up a meeting. Sincerely, Larry Fournier Vern Heidner Virginia Wendel Mayor Councilmember Councilmember Suzanne Ackerman Mark Berning Councilmember Councilmember cc: State Senator Mark Ourada State Representative Bruce Anderson Wright County Commissioner Pat Sawatzke Dave Sahli, MPCA Hans Peterson, MPCA Design Engineer Ted Field City Engineer John Harwood City Attorney Andy MacArthur City Planner David Licht City Financial Advisor Tom Truzinski Phil Forseth, Mayor, Dayton Greenfield City Administrator Gail Lippert Delano City Administrator Kathleen Miller Del Haag, MPCA 3 Mission Statement Drafts (note: the action words in each are italicized to more clearly define the purpose of our commission in each statement. This is not necessarily intended to be a part of the actual statement format.) The mission of the Otsego Parks and Recreation Commission is to work together to provide for the growth of the community through the development of the parks and recreational programs and the serve the Otsego Ci Council, citizens, institutions and the neighboring communities. The mission of the Otsego Parks and Recreation Commission is the create and enhance the quality of�> recreation for the residents of Otsego through the development of parks and activities. The mission of the Otsego Parks and Recreation Commission is the provide park development and family activities to serve the recreational needs of the community. The mission of the Otsego Parks and Recreation Commission is to provide safe and fun parks in which the community can come together, to support quality activities for citizens to participate in, and to nurture growth and fellowship among the city residents. Feel free to add to, combine or use as a starting block to building a better statement.