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5.3 ERMUSR 07-11-2017 Elk River Municipal Utilities UTILITIES COMMISSION MEETING TO: FROM: ERMU Commission Troy Adams, P.E. - General Manager MEETING DATE: AGENDA ITEM NUMBER: July 11, 2017 5.3 SUBJECT: Otsego Streetlights ACTION REQUESTED: Approve proposed terms for transfer of Otsego street lighting assets within ERMU electric service territory. BACKGROUND: In late 2016, the City of Otsego contacted ERMU regarding their city owned street lighting located within ERMU electric service territory. The City of Otsego wanted to explore the possibility of transferring these streetlights to ERMU, and then pay ERMU to service and maintain the lights going forward. The ERMU Commission gave staff direction to research this opportunity. DISCUSSION: Proposed Streetlight Transfer Owning and maintaining streetlights falls within ERMU's current services offered. ERMU owns, services, and maintains over 1,300 lights within the City of Elk River. ERMU also already owns, services, and maintains 78 lights within the City of Otsego. These lights are separate from the proposed transfer. There are three commercial developments where the City of Otsego wants to transfer streetlights that they own and maintain. These areas are identified on the attached Exhibit A overview and broken out into Exhibits B, C, and D. These commercial developments are Otsego Waterfront, Otsego Waterfront East, and Great River Centre respectively. There are a total of 101 streetlights of three different types within these areas, none of which are currently used by ERMU. Also,the fixtures in these areas were installed over the years and many are damaged or do not currently work. There are seven additional locations within these areas where there are streetlight bases but no streetlights. The fixture cut sheets for these three different types of fixtures have been provided to ERMU staff. ERMU limits the number of streetlight styles in the current design standards. This is done to minimize inventory which helps to control costs and storage space. Per the 2017 ERMU Fee Schedule, aide to construction street light installation fees to developers are: $1,850 for a 30' decorative pole with a 6' arm, and $1,500 for a 23' decorative pole with a traditionaire style fixture. These styles are common and readily available from multiple lighting manufacturers which allows ERMU to have flexibility in purchasing yet maintaining consistency in appearance. Page 1 of 3 193 The aide to construction collected from the developer upfront helps to pay for approximately 50% of the initial cost of labor and materials. The fixtures are then depreciated over 20 years. Replacement is funded through energy sales on an electric tariff or a fixed fee per fixture. The 2017 ERMU Street/Security Light Service Tariff and 2017 ERMU Fee Schedule are attached for reference. ERMU also has a unique lighting situation in downtown Elk River where there are decorative two fixture light poles. In conjunction with the US HWY 10 bridge project in Elk River,the City will be adding a trail that will lead from Lake Orono Park into downtown. ERMU is in the process of selecting a decorative light pole that can be used on this trail and transition to a matching decorative light pole to replace the existing downtown streetlights. When transferred, ERMU would look to fix and paint many of these streetlights to extend their life. As previously noted, not all of these streetlights work and many have been damaged. ERMU would need to replace selected areas initially and potentially reuse some of the removed fixtures to replace broken fixtures. Once transferred,the City of Otsego would relinquish their authority to select the streetlight fixtures style. That authority would need to be ERMU's. Based on the remaining life of these fixtures and the potential for reusable parts, ERMU staff has estimated a supplemental transfer of$70,000 would be needed in addition to asset transfer. This is a prorated aide to construction equivalent. These streetlights would then become part of the ERMU capital project projects and be scheduled with applicable priority with all system projects. The City of Otsego had expressed interest in having their Otsego Waterfront commercial development outfitted with the same decorative lighting the ERMU selects for Elk River's downtown. This would be possible, but would require an additional premium per fixture. Overhead Electric Feeder Along County Road 39 There is an additional consideration. In January 2008, the City of Otsego informed ERMU that an upgrade portion of the 2.5 mile overhead electric distribution feeder that runs from the ERMU Otsego substation on CSAH 39 west to the Mississippi Cove residential development would need to be relocated to underground electric within 10 years or before CSAH 39 is upgraded. This was a waiver granted by the City of Otsego Council to delay an ordinance which required upgraded overhead electric systems to be placed underground. This county road has not been upgraded and we are approaching the 10 year mark. The purpose of the ordinance is aesthetics. The Otsego City Council meeting minutes from January 14, 2008, are attached. This issue is discussed in agenda item 9.1. There are multiple concerns for ERMU with this requirement. First, to retire an asset before its end of life is an undue financial burden on ERMU's customers. Second, the replacement of an overhead electric feeder with an underground electric feeder is not a one-for-one change. With overhead electric, restoration from damage is quicker than with underground. Because of this, ERMU can maintain high reliability and short outage times. Underground maintenance takes significantly longer. Because of this, ERMU loops all underground facilities allowing for an alternate power source while maintenance is performed. So the underground facilities required to accomplish the same function as the overhead facilities nearly double the amount of equipment and could more than quadruples the cost. Page 2 of 3 194 Third,there is not any available Right Of Way along this section of CSAH 39. And with underground facilities, ERMU's space needs would double. Without any ROW available, ERMU would need to purchase easements from the property owners. This would likely be very costly. And lastly, without Wright County issuing plans and starting the CSAH 39 upgrade project there is no way of guaranteeing that ERMU would be in the way of the road upgrade. The Terms Staff has had a number of conversations with the Otsego City Engineer regarding the proposed terms of a transfer. These are the terms which ERMU staff is recommending: 1. The transfer would include 101 fixtures and 7 missing fixtures identified on the attached exhibits. The transfer would also include the underground wiring, control cabinets, and all related electrical infrastructure related to these streetlights. 2. This transfer would be contingent upon an extension to the requirement to underground ERMU's facilities discussed during the January 14, 2008, Otsego City Council meeting. That extension would delay ERMU's requirement to underground those facilities until that section of CSAH 39 is upgraded and additional ROW is secured by the County which ERMU would be able to use. 3. The transferred lights would be subject to fees as approved by the ERMU Commission annually and published as part of the ERMU Fee Schedule. Currently, there would be 52 streetlights/locations that would be subject to the $15/month fixed fee and 56 streetlights/locations that would be subject to the $9/month fixed fee. These fees are subject to change under ERMU Commission's authority. These fees are the same fees used for the other streetlights within ERMU's electric service territory including those located within the City of Elk River. 4. ERMU would have the authority to select the streetlight style for fixtures replaced. 5. The transfer would include a prorated and reduced aide to construction totaling $35,000. 6. If the City of Otsego wanted to upgrade the Otsego Waterfront lights to match the future lights selected for downtown Elk River, this option would come with a $1,000 per fixture premium. Staff recommends the Commission approve the terms as described and give staff authority to develop an asset transfer agreement and CSAH 39 overhead to underground electric system relocation extension agreement. ATTACHMENTS: • Proposed 2017 City of Otsego Street Light Transfer Areas—Exhibit A • Proposed 2017 City of Otsego Street Light Transfer Areas—Exhibit B • Proposed 2017 City of Otsego Street Light Transfer Areas—Exhibit C • Proposed 2017 City of Otsego Street Light Transfer Areas—Exhibit D • 2017 ERMU Street/Security Light Service Tariff • 2017 ERMU Fee Schedule • Otsego City Council Meeting Minutes— 1/14/2008 Page 3 of 3 195 9439 1561; 2017 City of Otsego - Street Light Transfer Areas Exhibit A 15620 564: 570.157 121 437 15607_ 110.1111.:1-114. 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Installation costs will be determined by Elk River Municipal Utilities per the Utilities Fee Schedule or on a time and materials basis. Applicable: As determined by Elk River Municipal Utilities, but generally to non-metered roadway and area lighting: lighting unit burning time is limited to dusk to daylight (approximately 4,400 hours per year). Character Of Service: 120/240 volts, AC, as available. Street/Security Light Service Type Monthly Rate Per Fixture Low Output(0-249 Watt HPS, 0-89 Watt LED) $9.00 Medium Output (250-399 Watt HPS, 90-149 Watt LED) $15.00 High Output(400 Watt or larger HPS, 150 Watt or larger LED) $21.00 Sales tax applicable. Ownership of Equipment: Elk River Municipal Utilities will install, own, and operate the lighting units including fixtures, and control equipment unless otherwise agreed upon by Elk River Municipal Utilities and the Customer. Lamp Replacements: Lamp replacements will be made by Elk River Municipal Utilities when and as requested by the Customer. Terms of Payment: Bills are due and payable upon receipt and are considered delinquent if not paid by the due date noted on the bill. There will be a ten (10) percent late payment charge added to all accounts that are not paid by the due date. General Terms and Conditions Applicable To Non-Metered Lighting Service: 1. Area lighting installed on Elk River Municipal Utilities poles shall not be of the type that interferes with climbing room, work space, or wire clearance as defined by the National Electrical Safety Code and is to be installed below the secondary line and service drops, all per Elk River Municipal Utilities' specification. 2. At Elk River Municipal Utilities' option, all area applicable lighting units installed under this schedule shall be equipped with a photo-electric control which will limit the burning time to approximately 4,400 hours per year. 3. The rates set forth herein may be modified by the amount of any governmental changes imposed and levied on transmission, distribution, production, or the sale of electrical power. 4. Exceptions by management approval only. Approved 4-"Tt- /1"-- Adopted December 13, 2016 Effective January 1, 2017 200 Elk River . 2017 Utilities Fee Schedule Municipal Utilities ELECTRIC New Residential Electric Connection - Developer- Lot with ERMU water service $475.00 New Residential Electric Connection - Developer- Lot without ERMU water service $575.00 New Residential Electric Connection - Builder $875.00 New Wire Footages over 200' (per foot) $4.00 New Service Frost Trenching(per foot) $5.00 New Commercial&Industrial Electric Connection 50% Service Upgrades or Additions for Existing Customers 100% Minimum Temporary Electric Service Fee-Existing Transformer $150.00 Minimum Temporary Electric Service Fee-Without Existing Transformer $500.00 Street Light- 30' Decorative Pole with 6'Arm and Fixture $1,850.00 Street Light-23' Decorative Pole with Traditionaire Fixture $1,500.00 Security Light-Wood Pole with Fixture $975.00 Security Light- Existing Pole $125.00 Pole Attachment Fee(per pole) $6.50 WATER Water Access Charge=Water Connection Charge+Water Availability Charge $3,528.00 Water Connection Charge(Per Plumbing Unit) - Builder $3,183.00 Water Availability Charge(Per Plumbing Unit)- Developer $345.00 Abandoned Water Service $2,500.00 Hydrant Water Sales- Rental (per week) $50.00 Hydrant Water Sales- Units (per 1000 gallons) $4.00 Deposit for 5/8"Hydrant Meter $150.00 Deposit for 2 1/2"Hydrant Meter $1,000.00 Private Hydrant Maintenance Program Monthly Fee $5.00 ADMINISTRATIVE Administrative Fee for Continued Submission of Checks After No-Check Notice Given $20.00 Billable Cost of Materials Markup 15% Billable Labor Markup 55% Billable Vehicle/Equipment(per employee per hour) $30.00 Electric Service Disconnect/Trip Fee- Meter Technician $50.00 Electric Service Disconnect/Trip Fee- Line Crew $150.00 Energy Audit $150.00 Meter Tampering Fee $250.00 Meter Testing Fee $50.00 NSF Fee $30.00 Penalty Amount 10% Photocopies (per page) $0.25 Red Tag Handling Fee $20.00 Water Shut-Off Fee $100.00 Adopted by the Utilities Commission on October 11,2016 under authority per Minnesota Statute 412361 201 ITEM 3_1 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL JANUARY 1.4, 2008 6:30 PM 1. Mayor Larry Fournier will sail the meeting to order. Mayor Fournier called the meeting to order at 6:34 PM. Roll Call: Mayor Larry Fournier; Coundimembers: Vern Heidner, Jessica Stockamp, Mark Thorsted and Tom Darkenwald. Staff: Mike Robertson, City Administrator; Judy Hudson, City Cieric/Zonin9 Administrator; Andrew MacArthur, City Attorney; Dan Licht, City Planner; Ron Wagner, City Engineer; Gary Groen, City Finance Director and Brad Belair, Public Works Supervisor. Pledge of Allegiance: Mayor Fournier led in the Pledge of Allegiance. 2. Consider agenda approval. CM Heidner requested to move Item 5.6. under 7.1. and move Item 5.7 under 10.2. Mayor Fournier requested to add under Item 12.2. Report on Water Treatment Studies. CM Daricenwald requested to move Item 53. to 6.2. and move Item 5.13 to Item 9.3. CM Heidner motioned adoption of agenda as amended. Seconded by CM Stodramp. AN in favor. Motion carried. 3. Consider the following minutes. 3.1. December 5, 2007 City Cmicil Workshop. CM Heidner motioned adoption. Seconded by CM Thorsted. CM Diulco wall Wistakied. Motion carded. 3.21__QualiberilalQ0Z-Cti-Cancikleding. CM Heidner motioned adoption. Seconded by CM Stockamp. AM in favor. Motion carded. 4. Open Forum: (5 minute limit) Ctwis Wilson, Heritage Commission, requested funchng of $125.27 for Dragonfly Journey for imaging work for their recent published book. Council would like to see the Heritage Commission work from a Budget to be approved by the Council, to get approval from the Heritage Commission for purchases and to keep them informed. CM Thorsted motioned to approve the payment of$125.27 to Dragonfly Journey out of the Heritage Commission Budget Seconded by CM Heidner. AN in favor. Motion carded. Pat Hilden, President of the Otsego Snowmobile Club, updated the Coundi on snowmoblftng Issues, signs,education and trying to keep the trail systems open. Mayor Fournier thanked him for having a representative at the Coma meetings. 202 City Council Meeting January 14, 2008. Page 2. 5. Consent Agenda. (Non-controversial items). 5.1. Approve Claims List. 5.2. Approve Resolution No.2008-01 Adopting an Official Newspaper. 5.3. Approve Resolution No. 2008-02 Establishing Depositories for City Funds. REMOVED 5.4. Approve Pay Request in the amount of$752.55 to Bonestroo for East WWTF Expansion, Phase 3. 5.5. 2008 Garbage Hauler License. 5.6. Approve Pay Request #12 in the amount of$10,000.00 to KUE Contractors for the Otsego Pubic Works Facility. REMOVED 5.7. Dara Glen Developer's Agreement REMOVED 5.8. Approve Pay Request No.23 and final in the amount of$9,766.00 to Gridor Construction, Inc for East WWTF. 5.9. Received October 9, 2007 Police Commission Minutes. 5.10. Approve Pay Request No.4 in the amount of$41,264.29 to E.H. Renner&Sons, Inc. for Well No.3 Redevelopment 5.11. Received December 11, 2007 Police Commission Minutes. 5.12. Received December 12, 2007 Park and Rec Commission Minutes. 5.13. Reduce Dr. Horton Escrow balance for Zimmer Farms 1-6 Additions in the amount of$80,000.00. REMOVED CM Heidner motioned to adopt the revised Consent Agenda. Seconded by CM Molded. All in favor. Motion carried. 6. Old Business. 6.1. Public Works Generator. Brad Belair went over his January 8, 2008 Memo on the Public Works Generator Proposal. Mayor Fournier motioned for City Engineer to prepare a Specification Form for bidding. Seconded by CM Darkenwald. All in favor. Motion carded. 6.2. Approve Resolution No. 2008-02 Establishing Depositories for City Funds. Gary Groen explained how the Bank of Elk River provides Collateral making sure the City's monies are protected and how the CDARS Program works. CM Darkenwald motioned to adopt Resolution 2008-02 establishing depositories for City Funds. Seconded by CM Stockamp. AN in favor. Motion carried. 7. Public Works. 7.1. Approve Pay keruest #12 in ttg amount of$10,000.00 to KUE Contractors for tile Otsego RibSic'Norks Facility. Brad Belair recommended that they receive a letter making sure everything is okay with the overhead crane the city doesn't make the final payment 203 City Council Meeting January 14, 2008. Page 3. 8. Dan Licht, City Planner. 8.1. William &Mary Johnson: A. Conditional Use Permit(CUP) to allow relocation of an existing detached garage to a lot within Otsego. Dan Ucht presented the Planner's Report. CM Heidner motioned to approve the Conditional Use Permit to relocate an existing detached garage to 7041 Odell Circle NE subject to the five conditions listed in the Findings of Fact. Seconded by CM Thorsted. All in favor. Motion carried. 9. Ron Wagner. City Engineer. 9.1 Discussion on Elk River Municipal Utilities request to delay Ordinance required upgrade of overhead system to underground along CSAR 39 until 11.,•• . Glenn Sundeen and Brian Adams from Elk River Municipal Utilities were in attendance. Ron Wagner went over Elk River Municipal Utilities request Bryan Adams stated they desire to keep their power fines overhead until CSAH 39 is upgraded to four lanes. Mike Robertson explained that the CSAH 39 upgrade is not on the Wright County's 10 Year Plan. Mr. Adams said that they would probably need to replace the line in 10 years. Coundi said that in the agreement to have it state either 10 years or before if CSAH 39 is upgraded. CM Darkenwald motioned to have the director provide a Waiver that the lines will be replaced either in 10 years or before if CSAH 39 is updated. Seconded by Mayor Fournier. All in favor. Motion carried. 9.2 Consider Resolutions Accepting Feasibility Report for 75th St Improvement and Ordering Preparation of Plans and Specs. Ron Wagner presented the Feasibility Report for 75th Street Improvement CM Darkenwald motioned to adopt Resolution 2008-03 accepting the Feasibility Study for 75th Street Improvements, from Odean Avenue NE to Ohland Avenue NE. Seconded by CM Heidner. All in favor. Motion carried. CM Daricenwald motioned to adopt Resolution 2008-04 ordering preparation of Plans and Specifications for 75th Street Improvements, form Odean Avenue NE to Ohland Avenue NE. Seconded by CM Heidner. All in favor. Motion carried. 9.3. Reduce Dr. Horton Escrow balance for Zimmer Farms 1-6 Melons in the amount of$80,000.00. Ron explained that there was substantially more money in this escrow account to begin with because DR Horton thought their development would be done faster and 70,000 would remain in escrow which is more than the cost of any remaining items. 204 City Council Meeting January 14, 2008. Page 4. CM Darkenwald motioned to reduce the escrow account by $80,000 down to $70,000. Seconded by CM Stockamp. All in favor. Motion carried. Ron Wagner discussed Well #8. The test results from the well indicated the radium level after test pumping was below Minnesota Department of Health standards therefore water treatment will not be necessary. This will allow the City to forgo the need for immediate construction of additional water treatment facilities at Pumphouse #2. 10. Andrew MacArthur, City Attorney. 10.1. Albertville County Road 19 Agreement. Andy went over his proposed agreement. Count felt there should be County monies tied to this project. There was concern with ROW costs. Albertville has already collected road access fees for MacIver Avenue. Council suggested a workshop with Albertville. Mike Robertson will call Albertville to set it up. Council wants the staff to prepare a report. 1.0.2. Dara Glen Developer's Agreement, CM Heidner would like to see the paragraph on page 11 regarding assessment changed to indude that the $319,000 (Paragraph 11) could also be assessed because a Public Entity can't do a Letter of Credit to guarantee payment CM Heidner motioned to approve the Development Agreement with modifying Paragraph 11 to include the allowance of aging $319,000. Seconded by Mayor Fournier. All In favor. Motion carried. 11. Council Items. 11.1. Appointments to City Commissions for 2008. Mayor Fournier reminded that when you are the Council liaison person you are there not as a member of the commission but as a liaison. APPOINTMENTS TQ CITY COMMISSIONS 2008 Planning Commission: CM Heidner Alternate: CM Thorsted Park and Rec. CM Stockamp Alternate: CM Thorsted Heritage: CM Thorsted Alternate: CM Stockamp Police Commission: CM Stockamp Alternate: CM Thorsted Public Works Sub-committee: Mayor Fournier, CM Stodcamp Alternate: CM Thorsted Administrative Sub-committee: Mayor Fournier, CM Heidner Alternate: CM Darkenwald 205 City Council Meeting January 14, 2008. Page 5. Otsego Creek Authority: CM Stockamp, CM Thorsted Alternate: CM Heidner Post Office: CM Thorsted, CM Stockamp Alternate: Mayor Fournier Albertville/Otsego Shared Road Sub-committee (70th St) CM Darkenwald, CM Thorsted Alternate: CM Heidner Sewer Sub-committee: CM Heidner, Mayor Foumier Alternate: CM Darkenwald Otsego Police Department: CM Heidner, CM Darkenwald Alternate: Mayor Fournier Otsego/Dayton Sewer Sub-committee: CM Heidner, Mayor Fournier Alternate: CM Stockamp Otsego Are Department: CM Darkenwald, CM lhorsted Alternate: CM Heidner Safety Committee: CM Thorsted, CM Darkenwald CM Heidner motioned to adopt the appointments for 2008 as amended. Seconded by CM Thorsted. All in favor. Motion carried. 11.2. Appoint Deputy Mayor. Change to Mayor Pro Tem. CM Thorsted motioned to appoint Vern Heidner as Mayor Pro Tem. Seconded by CM Stockamp. All in favor. Motion carried. 11.3. Albertville 2008 Are Contract. CM Heidner motioned to approve. Seconded by CM Stockamp. All in favor. Motion carried. CM Darkenwald stated concern with the increase. Mike Robertson said it was due to the increase in value of western Otsego. Council would like the contract amount earlier in the year. 12. Mike Robertson, City Administrator. 12.1. Review 2008 Project Priorities. Mike Robertson reviewed. Council wants snow removal from sidewalks inspected and not generated from complaints and also the same with grass complaints. Council would like good documentation. NAC is to be the Code Enforcer and all complaints go thru them and Building will provide assistance. Council asked for future workshops on the Kadier Ave Interchange Study and the City Newsletter. They added a Pawn Shop Ordinance to the Planner's list Add under Gary—provide additional training. Under Brad- Run the soccer field in Prairie Park by the Parks Commission. 206 City Council Meeting January 14, 2008. Page 6. 12.2. Set Workshop on Water/Sewer Rates. Set workshop on water/sewer rates and include the water study. Council said to use one of the dates that Albertville doesn't use. 13. Judy Hudson, City Clerk. Board of Review set for April 21, 2008 at 7:00 PM. 14. Adjourn by 10 PM. CM Darkenwald wants minutes from last joint meeting at Albertville. CM Stockamp can't attend Public Works subcommittee meeting — change to Wednesday, January 23, at 4 PM. CM Stockamp would also like goals for the commissions. CM Stodcamp motioned to adjourn at 9:58 PM. Seconded by CM Darkenwald. All in favor. Motion carried. Mayor Larry Fournier ATTEST: Judy Hudin,City Clerk/Zoning Admin. Written by: Tami Loft, Deputy Clerk 207