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04-26-10 CCCLAIMS LIST CITY COUNCIL MEETING APRIL 26, 2010 TO: Tami Loff ITEM 5-1 Attached is the Claims List for the City Council. For more details, please refer to the check detail registers. CLAIMS REGISTER 04-21-2010 $ 305,377.14 Check # 48503, and #48505 - 48542 *Check #48504 voided (misprint) PAYROLL 04-21-2010 $ 30,945.00 ELECTRONIC PYMTS FOR APRIL: Bldg Permit Surcharge Qwest Centerpoint Energy Dept. of Revenue -Fuel Tax Dept. of Revenue -Sales Tax Elk River Utilities Wright -Hennepin Delta Dental Total GRAND TOTAL $ 358,925.84 $ 2,642.10 $ 104.75 $ 3,768.27 $ 60.16 $ 0.00 $ 1,909.10 $ 12,894.45 $ 1,224.87 $ 22,603.70 If you have any questions or if you would like to review this list further, please let me know. Sue Frisch Bookkeeper CITY OF OTSEGO 04/21/10 2:32 PM Page 1 *Check Summary Register@ APRIL 2010 Name Check Date Check Amt 10100 BANK OF ELK RIVER BANK OF AMERICA 4/21/2010 $142.33 Paid Chk# 048503 SRF CONSULTING GROUP, INC. 4/14/2010 $11,736.23 PARKS CONSULTING Paid Chk# 048505 ENVENTIS 4/20/2010 $617.06 TELEPHONE Paid Chk# 048506 AFLAC 4/21/2010 $1,140.64 SUPPLEMENTAL INSURANCE Paid Chk# 048507 AIRGAS NORTH CENTRAL 4/21/2010 $33.46 ACETYLENE/OXYGEN/HAZMAT Paid Chk# 048508 ALLIANCE BENEFIT GROUP HSA 4/21/2010 $1,865.40 PPE 4/17/10 CH DTD 4/21/10 Paid Chk# 048509 BANK OF AMERICA 4/21/2010 $142.33 UTILITY REFUND - 7381 LARGE AV Paid Chk# 048510 CITY OF ELK RIVER 4/21/2010 $99,980.00 2010 FIRE INSPECTIONS Paid Chk# 048511 CITY OF MONTICELLO 4/21/2010 $5,661.00 2ND QTR 2010 FIRE Paid Chk# 048512 CITY OF OTSEGO 4/21/2010 $781.23 15501 83RD - IRRIG Paid Chk# 048513 CRABTREE COMPANIES, INC. 4/21/2010 $10,370.91 LASERFICHE DOCUMENT IMAGING Paid Chk# 048514 CROW RIVER FARM EQUIPMEN 4/21/2010 $340.38 MISC OPERATING SUPPLIES Paid Chk# 048515 DAKOTA SUPPLY GROUP 4/21/2010 $3,205.18 MAG METER FOR WELL #3 Paid Chk# 048516 DEHMER FIRE PROTECTION 4/21/2010 $267.77 ANNUAL FIRE EXT MAINT/INSP Paid Chk# 048517 EDINA REALTY TITLE 4/21/2010 $4.35 W/S REFUND - 7878 PRAIRIE CREE Paid Chk# 048518 FIRST LAB 4/21/2010 $78.00 RANDOM DOT - BELAIR, LAMSON Paid Chk# 048519 G & K TEXTILE LEASING SYSTE 4/21/2010 $508.35 MATS Paid Chk# 048520 GRAND VIEW LODGE 4/21/2010 $375.82 ROBERTSON ROOM FOR MCMA CONF Paid Chk# 048521 HAKANSON ANDERSON ASSOC 4/21/2010 $21,870.29 OTSEGO NPDES PHASE 11 Paid Chk# 048522 HEALTH PARTNERS 4/21/2010 $6,494.20 MAY MEDICAL Paid Chk# 048523 HELGESON MAILING SERVICE L 4/21/2010 $1,917.68 APR/MAY NEWSLETTER Paid Chk# 048524 ICMA RETIREMENT TRUST 4/21/2010 $1,054.88 PLAN #304185 Paid Chk# 048525 MENARDS 4/21/2010 $43.86 WHITE MARKING PAINT Paid Chk# 048526 METRO WEST INSPECTION SVC 4/21/2010 $6,700.00 BLDG INSPECTION SVCS - 134 HRS Paid Chk# 048527 MINNESOTA COPY SYSTEMS 4/21/2010 $37.19 TOSHIBA ESTUDIO 165 Paid Chk# 048528 MINNESOTA UNEMPLOYMENT 1 4/21/2010 $487.21 1 ST QTR 2010 - ACCT #07993041 Paid Chk# 048529 MONTICELLO ANIMAL CONTROL 4/21/2010 $200.00 ANIMAL CONTROL Paid Chk# 048530 NEXTEL COMMUNICATIONS 4/21/2010 $366.47 CELL PHONES Paid Chk# 048531 OFFICEMAX - A BOISE CO 4/21/2010 $207.21 OFFICE SUPPLIES Paid Chk# 048532 PEOPLE SERVICE INC. 4/21/2010 $45,205.00 MONTHLY SERVICE - MAY Paid Chk# 048533 PUBLIC EMPLOYEES RETIREME 4/21/2010 $3,705.55 #677600 PPE 4/17/10 Paid Chk# 048534 SOFTRONICS, INC. 4/21/2010 $4,554.74 FIN - LABOR Paid Chk# 048535 VERIZON WIRELESS 4/21/2010 $97.22 LAP TOP SERVICE Paid Chk# 048536 VINYL GRAPHICS, INC. 4/21/2010 $288.56 DECALS - UNITS 42, 43, 44 Paid Chk# 048537 WRIGHT COUNTY AUDITOR -TRE 4/21/2010 $69,958.33 APRIL SHERIFF PATROL Paid Chk# 048538 WRIGHT COUNTY AUDITOR -TRE 4/21/2010 $2,167.00 PID #R118-243-000010 Paid Chk# 048539 XCEL ENERGY 4/21/2010 $208.52 RIVERPOINTE LIGHTS Paid Chk# 048540 XCEL ENERGY 4/21/2010 $1,204.58 5740 RANDOLPH - WELL #8 Paid Chk# 048541 ZAHL-PETROLEUM MAINT CO. 4/21/2010 $250.00 ANNUAL INSPECTION Paid Chk# 048542 ZARNOTH BRUSH WORKS INC 4/21/2010 $1,250.54 GUTTER BROOMS Total Checks $305,377.14 FILTER: None CITY OF OTSEGO 04/21/10 2:33 PM Page 1 *Check Detail Register© APRIL 2010 Check Amt Invoice Comment 10100 BANK OF ELK RIVER _ _ __ Paid Chk# 048503 �4/14%20F10 SRCONSULTING GROUP, INC. E 203-45210-390 Contracted Services $11,736.23 5521-38 PARKS CONSULTING Total SRF CONSULTING GROUP, INC. $11,736.23 Paid Chk# 048505 4/20%2010 ENVENTIS E 250-42410-320 Telephone $308.53 TELEPHONE E 101-41400-320 Telephone $154.27 TELEPHONE E 101-43100-320 Telephone $154.26 TELEPHONE Total ENVENTIS $617.06 PadCFik# 048506 4%21%2010 AFLAC -INSURANCE ��..-. �� _. �� G 101-21706 Hospitalization/Medical Ins $1,140.64 722226 SUPPLEMENTAL INSURANCE Total AFLAC -INSURANCE $1,140.64 Paid Chk# 048507 4/21/2010 AIRGAS, INC. E101-43100-210 Operating Supplies (GENERAL) $33.46 105572879 ACETYLENE/OXYGEN/HAZMAT Total AIRGAS, INC. $33.46 PaidChk# 048508 4/21%2010 a ALLIANCE BENEFIT GROUP E 101-41600-123 Health $375.00 PPE 4/17/10 CH DTD 4/21/10 E 101-41400-123 Health $250.00 PPE 4/17/10 CH DTD 4/21/10 E 101-43100-123 Health $625.00 PPE 4/17/10 CH DTD 4/21/10 G 101-21706 Hospitalization/Medical Ins $415.40 PPE 4/17/10 CH DTD 4/21/10 E 250-42410-123 Health $200.00 PPE 4/17/10 CH DTD 4/21/10 Total ALLIANCE BENEFIT GROUP $1,865.40 Paid Chk# 048509 4%21/2010 BANK OFTAMERICA-RI �. y _ �� ._ _ Y R 601-37150 WATER SALES $142.33 UTILITY REFUND - 7381 LARGE AVE Total BANK OF AMERICA -RI $142.33 Paid Chk# 048510 4/21/2010 CITY OF ELK RIVER E 250-42410-390 Contracted Services $28,817.00 201004021431 2010 FIRE INSPECTIONS E 210-42200-390 Contracted Services $114,506.00 201004021431 2010 FIRE CONTRACT E 210-42200-390 Contracted Services ($43,343.00) 201004021431 2009 FIRE CONTRACT RECONCILIATION Total CITY OF ELK RIVER $99,980.00 Paid Chk# 048511 4/21/2010 CITY OF MONTICELLO E 213-42200-390 Contracted Services $5,661.00 6423 2ND QTR 2010 FIRE Total CITY OF MONTICELLO $5,661.00 Paid Chk# 048512 4/21/2010 CITY OF OTSEGO E 602-49450-322 Utilities $6.41 7551 LANCASTER -WEST WWTF E 602-49450-322 Utilities $705.86 5850 RANDOLPH - EAST WWTF E 602-49450-322 Utilities $28.65 7551 LANCASTER -WEST WWTF E 602-49450-322 Utilities $6.41 7551 LANCASTER - WEST WWTF E 101-45200-322 Utilities $6.41 11313 77TH - IRRIG E 101-45200-322 Utilities $6.41 10400 71ST - IRRIG E 101-45200-322 Utilities $6.41 6480 MASON - IRRIG E 101-45200-322 Utilities $6.41 15501 83RD - IRRIG E 602-49450-322 Utilities $8.26 7551 LANCASTER -WEST WWTF Total CITY OF OTSEGO $781.23 Paid Chk# 048513 4/21!2010 CRABTREE COMPANIES, INC. E 206-41400-570 Office Equip and Furnishings $10,370.91 97689 LASERFICHE DOCUMENT IMAGING Total CRABTREE COMPANIES, INC. $10,370.91 Paid Chk# 048514 4/21/2010 CROW RIVER FARM EQUIPMENT m CITY OF OTSEGO 04/21/10 2:33 PM Page 2 *Check Detail Register© APRIL 2010 Check Amt Invoice Comment E101-43100-210 Operating Supplies (GENERAL) $340.38 141151 MISC OPERATING SUPPLIES Total CROW RIVER FARM EQUIPMENT $340.38 Paid Chk# 048515 4/21/2010DAKOTA SUPPLY GROUP E 601-49400-400 Repairs & Maint Eqpt - Cont $3,205.18 6394825 MAG METER FOR WELL #3 Total DAKOTA SUPPLY GROUP $3,205.18 Paid Chk# 048516 4/21/2010 DEHMER FIRE PROTECTION � �� E 101-41940-390 Contracted Services $24.59 3773 ANNUAL FIRE EXT MAINT/INSP E 250-42410-390 Contracted Services $18.09 3773 ANNUAL FIRE EXT MAINT/INSP E 101-43100-390 Contracted Services $225.09 3773 ANNUAL FIRE EXT MAINT/INSP Total DEHMER FIRE PROTECTION $267.77 Paid Chk#' 048517 4%21%2010 �EDINA REALTY TITLE �� R 601-37150 WATER SALES $4.35 15620-01 W/S REFUND - 7878 PRAIRIE CREEK CT Total EDINA REALTY TITLE $4.35 Paid Chk# 04$518 4%21/2O10µ FIRST LAB E 101-43100-310 Miscellaneous $78.00 243916 RANDOM DOT - BELAIR, LAMSON Total FIRST LAB $78.00 Paid Chk# 048519 V 4/21/20101,- G & K TEXTILE LEASING SYSTEM E 101-43100-225 Uniforms/Clothing Allowance $54.49 1043426731 UNIFORMS & MATS E 101-43100-225 Uniforms/Clothing Allowance $98.69 1043431649 UNIFORMS & MATS E 101-41940-390 Contracted Services $125.28 1043431650 MATS E 101-43100-225 Uniforms/Clothing Allowance $41.02 1043436580 UNIFORMS & MATS E 101-43100-225 Uniforms/Clothing Allowance $63.59 1043441508 UNIFORMS & MATS E 101-41940-390 Contracted Services $125.28 1043441509 MATS Total G & K TEXTILE LEASING SYSTEM $508.35 MISC W/S E 601-49400-302 Paid Chk# 048520 4/21/2010 GRAND VIEW LODGE 26655 MISC W/S E 250-42410-302 E 101-41400-360 Education/Training/Conferences $375.82 R35D00 ROBERTSON ROOM FOR MCMA CONF Engineering Fees Total GRAND VIEW LODGE $375.82 MISC ENG E 101-41560-302 Paid Chk# -048521 4/21/2010 HAKANSON ANDERSON ASSOC INC G 701-22256 RANCH ACRES $521.78 26646 RANCH ACRES E 101-41560-302 Engineering Fees $142.50 26650 2010 MSAA E 408-43100-302 Engineering Fees $3,811.73 26652 OTSEGO CREEK NORTH E 499-49400-302 Engineering Fees $617.50 26653 CITY WELL HEAD PROT E 203-45210-302 Engineering Fees $205.00 26654 CITY PARK MAINT E 101-41560-302 Engineering Fees $1,146.00 26655 MISC GRADING & SS ISSUES E 602-49450-302 Engineering Fees $701.30 26655 MISC W/S E 601-49400-302 Engineering Fees $521.54 26655 MISC W/S E 250-42410-302 Engineering Fees $237.50 26655 MISC PERMITS E 101-41560-302 Engineering Fees $3,097.56 26655 MISC ENG E 101-41560-302 Engineering Fees $932.50 26657 STAFF MEETINGS E 101-41400-348 Maps $3,280.93 26658 GOPHER ONE CALL MAPS E 101-41400-391 GIS Services $2,057.66 26659 GIS INFORMATION E 222-49490-302 Engineering Fees $3,151.57 26660 OTSEGO NPDES PHASE 11 E 101-41560-302 Engineering Fees $197.95 26661 CITY MAP G 703-21980 Hidden Creek Trail Subd $339.00 26683 HIDDEN CREEK TRAILS G 701-22374 KITTREDGE FINAL $445.26 26684 KITTREDGE CROSSING E 414-43100-390 Contracted Services $302.75 26685 REMINGTON COVES E 101-41560-302 Engineering Fees $160.26 26686 WETLAND CONS ACT 1991 Total HAKANSON ANDERSON ASSOC INC $21,870.29 Paid Chk# 048522 4/21/2010 HEALTH PARTNERS E 250-42410-123 Health $1,016.40 34576275 MAY MEDICAL CITY OF OTSEGO 04/21/10 2:33 PM Page 3 *Check Detail Register© APRIL 2010 E 101-41400-347 Newsletter Check Amt Invoice Comment E 101-41400-123 Health $1,478.30 34576275 MAY MEDICAL E 101-43100-123 Health $2,959.50 34576275 MAY MEDICAL E 101-41600-123 Health $1,040.00 34576275 MAY MEDICAL $790.00 Total HEALTH PARTNERS $6,494.20 $1,054.88 Paid-Chk# 048523 4/21/2010 "-HELGESON MAILING SERVICE LLC #677600 PPE 4/17/10 E 101-41400-347 Newsletter $1,917.68 3712 APR/MAY NEWSLETTER Total HELGESON MAILING SERVICE LLC $1,917.68 $13,939.02 Paid�Chk# 048524 4/21/2010 ICMARETIREMENTTRUST---__._.-____-__ .___._—, E 101-41400-121 PERA $264.88 PPE 4/17/10 PLAN #304185 G101-21705 Other Retirement $790.00 PPE 4/17/10 PLAN #304185 Total ICMA RETIREMENT TRUST $1,054.88 E 602-49450-121 Total PEOPLE SERVICE INC. $45,205.00 #677600 PPE 4/17/10 E 101-45200-220 Repair/Maint Supply (GENERAL) $21.33 45951 GEARDRIVE HEAD, GEAR DRIVE E101-45200-220 Repair/Maint Supply (GENERAL) $22.53 48463 WHITE MARKING PAINT Total MENARDS $43.86 Paid Chk# 048526 4/21/2010 METRO WEST INSPECTION SVC INC. E 250-42410-390 Contracted Services $6,700.00 BLDG INSPECTION SVCS - 134 HRS Total METRO WEST INSPECTION SVC INC. $6,700.00 Paid Ctik# 048527 4%21/2010 MINNESOTA COPY SYSTEMS„ E101-43100-413 Office Equipment Rental $37.19 48053 TOSHIBA ESTUDIO 165 Total MINNESOTA COPY SYSTEMS $37.19 Paid Chk# 048528 4/21/2010 MINNESOTA UNEMPLOYMENT INS E101-43100-140 Unemployment Comp (GENERAL $487.21 1ST QTR 2010 - ACCT #07993041 Total MINNESOTA UNEMPLOYMENT INS $487.21 Paid Chk# 048529. 4/21/2010 MONTICELLO ANIMAL CONTROL A - E 101-42710-390 Contracted Services $200.00 527 -MAR ANIMAL CONTROL Total MONTICELLO ANIMAL CONTROL $200.00 Paid Chk# 048530 4/21/2010 NEXTEL COMMUNICATIONS�� E 101-43100-320 Telephone $230.19 184430382-02 CELL PHONES E 250-42410-320 Telephone $136.28 184430382-02 CELL PHONES Total NEXTEL COMMUNICATIONS $366.47 Paid Chk# 048531 4/21/2010 OFFICEMAX E101-41400-201 Office Supplies and Expenses $147.63 243155 OFFICE SUPPLIES E 250-42410-201 Office Supplies and Expenses $59.58 25596 OFFICE SUPPLIES Total OFFICEMAX $207.21 Paid Chk# 048532 4/21/2010 PEOPLE SERVICE INC. E 601-49400-390 Contracted Services $119.73 16146 RETRO - APRIL E 601-49400-390 Contracted Services $13,939.02 16146 MONTHLY SERVICE - MAY E 602-49450-390 Contracted Services $30,880.98 16146 MONTHLY SERVICE - MAY E 602-49450-390 Contracted Services $265.27 16146 RETRO - APRIL E 602-49450-121 Total PEOPLE SERVICE INC. $45,205.00 #677600 PPE 4/17/10 Paid Chk# 048533 4/21/2010 PUBLIC EMPLOYEES RETIREMENT FD E 101-41600-121 PERA $478.13 #677600 PPE 4/17/10 E 601-49400-121 PERA $46.98 #677600 PPE 4/17/10 E 250-42410-121 PERA $160.85 #677600 PPE 4/17/10 E 101-43100-121 PERA $1,014.57 #677600 PPE 4/17/10 G 101-21704 PERA $1,710.27 #677600 PPE 4/17/10 E 602-49450-121 PERA $46.97 #677600 PPE 4/17/10 CITY OF OTSEGO 04/21/10 2:33 PM Page 4 *Check Detail Register© APRIL 2010 Check Amt Invoice Comment E 101-41400-121 PERA $247.78 #677600 PPE 4/17/10 3tal PUBLIC EMPLOYEES RETIREMENT FD $3,705.55 Pa d Chk# 048534 4/21/2010 SOFTRONICS, INC. E 250-42410-201 Office Supplies and Expenses $80.16 2322 BLDG - POWER SUPPLY E 101-41400-201 Office Supplies and Expenses $50.24 2322 ADMIN - BATTERY, FAN BEARING E 101-41400-390 Contracted Services $891.24 2322 ADMIN - LABOR E 250-42410-390 Contracted Services $850.79 2322 BLDG - LABOR E 101-41600-390 Contracted Services $225.00 2322 FIN - LABOR E 101-43100-390 Contracted Services $231.88 2322 PW - LABOR E 601-49400-390 Contracted Services $306.01 2322 UTIL - LABOR E 602-49450-390 Contracted Services $306.01 2322 UTIL - LABOR E 601-49400-201 Office Supplies and Expenses $37.40 2322 UTIL - BATTERY, CABLE E 602-49450-201 Office Supplies and Expenses $37.40 2322 UTIL - BATTERY, CABLE E 101-41400-391 GIS Services $150.00 2322 GIS - LABOR E 101-41400-390 Contracted Services $975.00 2322 ADMIN IT - LABOR E 101-41400-501 Equipment $413.61 2322 ADMIN IT - 3) HARD DISK DRIVES Total SOFTRONICS, INC. $4,554.74 E 250-42410-320 Telephone $97.22 2382813199 LAP TOP SERVICE Total VERIZON WIRELESS $97.22 Paid Chk#-048536 4/21% 2010 --VINYL GRAPHICS�� E 101-43100-210 Operating Supplies (GENERAL) $288.56 4308 DECALS - UNITS 42, 43, 44 Total VINYL GRAPHICS $288.56 Paid Chk# 048537 4/21/2010 WRIGHT COUNTY AUDITOR -TREASURE E 101-42100-390 Contracted Services $69,958.33 PATROL -10-4 APRIL SHERIFF PATROL tal WRIGHT COUNTY AUDITOR -TREASURE $69,958.33 Paid Chk# 048538 -4/21/2610 WRIGHT COUNTY AUDITOR -TREASURE E 101-41400-310 Miscellaneous $25.00 17877-2010 PID #R118-010-078010 E 101-41400-310 Miscellaneous $25.00 57748-2010 PID #R118-177-001010 E 203-45210-310 Miscellaneous $2,092.00 69586-2010 PID #R118-243-000010 E 101-41400-310 Miscellaneous $25.00 70069-2010 PID #R118-246-001010 tal WRIGHT COUNTY AUDITOR -TREASURE $2,167.00 Paid Chk# 048539 4/21/2010 XCEL ENERGY E 101-43160-322 Utilities $208.52 RIVERPOINTE LIGHTS Total XCEL ENERGY $208.52 Paid Chk# 048540 4/21/2010 XCEL ENERGY E 601-49400-322 Utilities $74.51 16575 61ST - WT #3 E 101-43160-322 Utilities $17.48 SIGNAL Q CR36 & 101 E 101-43160-322 Utilities $26.87 16501 53RD E 601-49400-322 Utilities $1,085.72 5740 RANDOLPH - WELL #8 Total XCEL ENERGY $1,204.58 Paid Chk# 048541 4/2112010 ZAHL-PETROLEUM MAINT CO. E 101-43100-402 Repairs/Maint Buildingss $250.00 161298 -IN ANNUAL INSPECTION Total ZAHL-PETROLEUM MAINT CO. $250.00 Paid Chk#048542 4/21/2010 ZARNOTH BRUSH WORKS INC E 101-43100-210 Operating Supplies (GENERAL) $570.81 127720 -IN BROOM REFILL E101-43100-210 Operating Supplies (GENERAL) $679.73 127720 -IN GUTTER BROOMS Total ZARNOTH BRUSH WORKS INC $1,250.54 CITY OF OTSEGO 04/21/10 2:33 PM Page 5 *Check Detail Register© APRIL 2010 Check Amt Invoice Comment 10100 BANK OF ELK RIVER $305,377.14 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $103,800.72 203 PARK DEVELOPMENT $14,033.23 206 CAPITAL EQUIPMENT REVOLVING $10,370.91 210 ER Fire District $71,163.00 213 Monticello Fire District $5,661.00 222 Citywide Stormwater(NPDES II) $3,151.57 250 Comm. Dev. & Bldg Safety $38,682.40 408 Otsego Creek Watershed $3,811.73 414 Revolving Capital Improvements $302.75 499 WELLHEAD PROTECTION PROJECT $617.50 601 WATER FUND $19,482.77 602 SEWER FUND $32,993.52 701 DEVELOPMENT ESCROWS FUND $967.04 703 Wetland Escrows $339.00 $305,377.14 Otsego Police Commission Minutes I T E M 5-2 March 9, 2010 PRESENT: Jane Theisen, Denise Andrusko, Paul Fields, Rob VanDenBerg, Joel Torkelson, Linda Lewis, John Hinnenkamp, Jason Warehime, Jessica Stockamp. Pat Brink — Otsego View Police Officer — Butch Darsow Meeting called to order at 6:39 p.m. ADGENDA — Approved Minutes from Feb 9 — Approved OPEN FORUM: Law enforcement update: Very few calls in Otsego. \ Road restrictions begin March 10. Resident using bike path for entrance to backyard between Ogren and Odean. Traffic light timing issue at Co Rd 37 and Hwy 101. OLD BUSINESS: McGruff coloring and poster contest: Pat Brink will advertise the event in the view. The ad will direct residents to the Otsego website for more info and to print off a coloring sheet. The next edition of the View is scheduled to be out on March 23 or 24. Pat will make a web copy and try to get it in the Star News, and send to the city to be posted on the website. National Night Out, 8-3-10: Decision made to do neighbor gatherings only this year. Too late in the year to start planning for an entire community gathering. Denise will start a list of needs - registration, donations, services, etc. NEW BUSINESS: Community Night Out — will not do this year. Bike Parade? TBD Event Dates — Commission Spring Clean Up — Sunday May 2 at 1:OOPM. Meet at City Hall. Otsego Festival — September 18 City Council Meeting assignments March 22 — Joel April 12 - Paul Next meeting — April 13, 2010 Meeting adjourned 7:49 PM ITEM 5-3 OTSEGO PARKS AND RECREATION COMMISSION MEETING OTSEGO CITY HALL MARCH 10; 2010 7:00 PM 1. Call to Order. Chair Susan Krekelberg called the meeting to order at 7:01 pm Roll Call: Chair Susan Krekelberg; Commissioners: Krista Bean, Mike Brumm, Peter Torresani, Kathy Roberts, Duane Launseng, Kayla Block-Torgerson; Absent: Commissioner Rose Cassady; City Council: Mayor Jessica Stockamp; City Staff. Brad Belair, Public Works Supervisor, Sandy Lindenfelser, Special Licensing; Ron Wagner, City Engineer 2. Consider agenda pproval Commissioner Kayla Block-Torgerson asked to have Item 8.1 removed. Commissioner Peter Torresani motioned to approve the agenda as amended. Seconded by Commissioner Kayla Block-Torgerson. All in favor. Motion passed. 3. Consider the following minutes 3.1. February 10, 2010 Regular Meeting Minutes. Chair Susan Krekelberg motioned to approve the minutes as written. Seconded by Commissioner Duane Lauseng. All in favor. Motion passed 4. Open Forum: Steve Zoebek requested the use of the soccer field from May 1, 2010 thru June 20t` 2010. Commissioner Torresani noted that Community Ed is using the soccer fields in July. Chair Krekelberg noted the commission is happy to have them back. 5. Unfinished Business. 5.1. 2009 Community Ed Bill Commissioners discussed the Community Ed Bill and questioned the administrative and tangible costs. 5.2. Rain Gardens City Engineer Ron Wagner gave an explanation of the pros and cons of putting rain gardens in our city parks and on city owned land. City Engineer Wagner noted that sand and grit from city parking lots and garbage from these areas could cause the blocking of water runoff Mr. Wagner also explained the cost to design these rain gardens. A diagram of Prairie Park was displayed along with a rain garden design. Commissioner Torresani questioned whether residents would be required to obtain a permit before putting in a rain garden. City Engineer Wagner explained that an inspection could be done before and after making sure of the 1/2' —1" grade which is required for runoff to drain to the correct area and to keep water from running into the neighbor's yard. Discussed available funding and the city's educational requirements. Chair Krekelberg requested this be added to the list of potential projects for 2010. 6. Public Works Update. 6.1. Consider request to donate labor for concrete and brick work at Frankfort Park Doug Schroeder 8615 Parell Avenue NE, Otsego gave an overview of projects they have done by donating their time and labor. Mr. Schroeder noted that they are offering their donated time and labor of concrete and brick work on Frankfort Park. Mr. Schroeder also noted that the city would also save money by asking other businesses to donate materials. Public Works Supervisor Brad Belair asked about scheduling. Mr. Schroeder stated that this was not an issue and would coordinate with Public Works and stick to Mr. Belair's schedule. Discussed safety issues and waivers. Public Works Supervisor Belair is willing to work with Mr. Schroeder. Chair Susan Krekelberg motioned to recommend that City Council review and approve the offer of donated labor concrete and brick work on Frankfort Park. Seconded by Commissioner Peter Torresani. All in favor. Motion passed. 6.2. Consider K-5 and Pre-K playground proposals and quotes Public Works Supervisor Brad Belair gave an overview of the K-5 playground equipment. After reviewing the proposals, Mr. Belair stated SRF's recommendation of Flanagan Sales and Minnesota/Wisconsin GameTime eliminating Big Toys proposal based on cost and quality. It was noted that Kittredge, Beaudry and Zimmer Parks have GameTime equipment from MN/WI Playground. Commission discussed the differences between equipment, rubber mats and wood chips. Public Works Supervisor Belair asked that a recommendation be made approving either Flannigan or MN/WI playground equipment. Chair Krekelberg made a motion to recommend the approval of either the Flannigan (Little Tykes) or MN/WI (Game Time) playground equipment with the substitution of a net climber for a rock climbing wall, with priority to MN/WI Playground if it remains the lowest quote. Seconded by Vice Chair Krista Bean. All in favor. Motion passed. Public Works Supervisor Brad Belair gave an overview of the Pre K playground equipment proposed. Commissioner Peter Torresani made a motion of recommendation that 2 members meet with Brad and or SRF to select a small structure that is comparable to the price range under $25,000. Seconded by Commissioner Mike Brumm. All in favor. Motion passed. It was agreed on that Vice Chair Krista Bean and Commissioner Duane Lauseng will meet with Public Works Supervisor Brad Belair at 6:OOpm Tuesday March 16, 2010. 6.3. Consider shelter design and quotes Public Works Supervisor Brad Belair gave an overview of the quotes and designs for the shelter at Frankfort Park with the polygon design by Flanagan as being the best design by SRF's recommendation. Commissioner Peter Torresani motioned to recommend going with the Flanagan quote for the polygon structure minus the footing costs. Seconded by Commissioner Kathy Roberts. All in favor. Motion passed. 7. Pride in our Parks Steve Zoebek gave a handout of the February Monthly Report asking for the report on the bluebird house to be updated on the City's website. 8. New Business. 8.1. "Tree City USA" This was taken off the agenda 9 Update on City Council actions by Mayor Stockarn Mayor Stockamp noted that she attended the Police Commission meeting and explained that they would like to pair up with the Park and Rec for Wednesday evenings in the park. Some of the ideas were to have McGruff and Police Officers attend along with having other safety items. This would not be every Wednesday, but the Police Commission will decide at their next meeting in April. Mayor Stockamp explained that the City Council has hired a new planning company and that Dan Licht would still be the City's Planner. Mayor Stockamp updated the commission about Waterfront East landscaping and there is money in the letter of credit to be used for this. 10. Subcommittees a All Sports (Commissioner Torresani) Commissioner Torresani updated the commission that Community Ed was given same schedule as last year noting that no more than two nights per week should be scheduled for tennis lessons. This will give others the opportunity to use the tennis courts. City Hall should be contacted to post a schedule. b Communi y Ed/Ids 728 (Commissioner Bean) Community Ed books come out Saturday. c Communication (Commissioner Krekelberg The next View is coming out soon. Editor of the View, Pat Brink gave an update on the new changes that will be happening with the View, particularly page 3 being the Otsego Parks Map and a script about Pride in our Parks. Mr. Brink noted that information about the Easter Egg Hunt is in the February/March issue and that pictures of the event will be in the next issue. d Pumpkin Patch (Commissioner Roberts) e Santa Day (Commissioner Cassady) f Egg Hunt —(Commissioner Brumm) Commission discussed the memo re: Denny's of Otsego borrowing the bunny suit. Commissioner Mike Brumm will contact to Lori of Denny's to make arrangements as to when they can pick up the suit. Set up and the day of the event was discussed. Mayor Stockamp noted that the boy scouts will help both Friday to set up and Saturday for the Egg Hunt. Commissioner Brumm confirmed that a 20" bike will be donated by the Women of Today along with bins. Thank yous to all participating in the event will be done by Commissioner Brumm. 11. Adjourn by 10 PM. Chair Susan Krekelberg motioned to adjourn the meeting. Seconded by Vice Chair Krista Bean. All in favor. Meeting adjourned at 9:17PM. Written by Sandy Lindenfelser, Special Licensing ITEM Otsego Heritage Preservation Commission Meeting: March 11, 2010 Present: Ron Black, Chris Wilson, Shirley -Isaacson, Toni Seroshek, Gail Anderson Chair Ron Black opened the meeting. Minutes for the Iast n t meeting were tabled for approval because a quorum was present. A work meeting has been scheduled with the 3t m Council and the Commission on Thursday, April ,at argoing forward discussion centered on what ourpriorities and how we want to communicate those to the Council. A variety of ideas were discussed and the following were deemed worthy to pursue: 5_4 ✓ Create Heritage driving tours: convert large map to handy map which notes historic sites in the City of Otsego ✓ Digitize or otherwise make cemetery information accessible online in a variety of ways. ✓ Stabitize McDonald house so that it' is less vulnerable to aging deterioration. ✓ Create careful and appropriate storage of records and archival material. ✓ Pursue StEPs grant which allows for a process f standards and excellence for History Organizations. We asked ourselves what we want from the City and we agreed: 1. commitment and resources toward getting Commission members; 1 2. a budget. We agreed that we need to communicate fully with the City Council on a regular and timely basis. We are opposed to being de -commissioned because it will make our attempts to get funding much more difficult or impossible. Recorder, Gail Anderson 2 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Rhone: 763.231.5840 Facsimile: 783.427.0520 TPC@PIannWVCo.ccxn MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 13 April 2010 RE: Otsego — City Code; Construction Hours TPC FILE: 101.01 The City Council at their meeting on 12 April 2010 directed City staff to draft an ordinance amending the City Code to change construction hours on Sundays to start one hour later from 7:00 AM to 8:00 AM. The change in construction hours is based on noise complaints received by individual City Council members and at City Hall. The proposed ordinance attached hereto would change the allowed construction hours as directed by the City Council. The amendment would also move the construction hours regulation from the public nuisance section to the building regulations section of the City Code for easier reference by the public. The proposed amendment will be considered by the City Council at their meeting on 26 April 2010. City staff recommends approval of Ordinance 2010-03 as presented. C. Mike Robertson, City Administrator Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer Lynn Paulson, Building Inspector Barb Williams, Building Technician Sandy Lindenfelser, Special Licensing ORDINANCE NO.: 2010-03 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF OTSEGO REGULATING CONSTRUCTION HOURS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 4-1-4 of the Otsego City Code (Building Code) is hereby amended to read as follows: 4-1-4: CONSTRUCTION HOURS: A. The erection (including excavation), demolition, alteration, or repair of any building shall occur only between the following hours: 1. Monday through Saturday: 7:00 AM to 10:00 PM 2. Sunday: 8:00 AM to 10:00 PM B. The Building Official may, in cases of emergency, grant permission to repair at any time when they find that such repair work will not affect the health and safety of the persons in the vicinity. Section 2. Chapter 4, Section 1 of the Otsego City Code (Building Code) is hereby amended to include the following provision: 4-1-5: VIOLATIONS AND PENALTIES: Violation of this Code is a misdemeanor (Minnesota Statute 166.69). Section 3. Section 5-8-91 of the Otsego City Code (Public Nuisances — Specific Noises Prohibited) is hereby amended to include the following provision: L. Construction or Repairing of Building. The erection (including excavation), demolition, alteration, or repair of any building between the hours and on any day prohibited by Section 4-1-4 of the City Code. Section 4. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this 26th day of April, 2010. CITY OF OTSEGO BY: Jessica Stockamp, Mayor ATTEST: Tami Loff, City Clerk INVOICE M"'I CONSULTING GROUP, INC. ONE CARLSON PAR.vAY NORTH, SUITE 150, MINNEAPOLIS, MN 55447-4443 Mr. Mike Robertson City Administrator CITY OF OTSEGO 8899. Northeast Nashua Avenue Otsego, MN 55330 Re: Otsego Parks 763.475.0010 763.475.2429 FAX Invoice Date: March 31, 2010 Invoice No: 05521.00 - 39 Professional Services for oeriod ending March 31. 2010 Prior ------------------------------ Phase 00160 Parks / Open Space / Trails 5,191.83 Professional Personnel 154,385.19 Expense 28.00 Hours Rate Amount Sr. Assoc./L. Arch. 5,219.83 152,254.03 Grieshaber, Kenneth 19.50 150.58 2,936.31 Associate/L. Arch. Wold, Timothy 24.00 93.98 2,255.52 Totals 43.50 5,191.83 Reimbursable Expenses Mileage Total Reimbursables Billings to Date 5,191.83 28.00 28.00 28.00 Total this Phase $5,219.83 Current Prior Total Labor 5,191.83 149,193.36 154,385.19 Expense 28.00 3,060.67 3,088.67 Totals 5,219.83 152,254.03 157,473.86 ------------------------------ Phase 01160 Roskaft Park Total this Phase $0.00 Billings to Date Current Prior Total Labor 0.00 6,764.22 6,764.22 Totals 0.00 6,764.22 6,764.22 Project 05521.00 Otsego Parks Invoice 39 Phase 02160 Norin Landing Total this Phase $0.00 Billings to Date Current Prior Total Labor 0.00 6,460.18 6,460.18 Expense 0.00 30.80 30.80 Totals 0.00 6,490.98 6,490.98 Total Amount Due this Invoice ---$5.219.83 Page 2 ITEM 5.7 RESOLUTION NO.: 2010 - 09 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION TO ESTABLISH A COLLECTOR STREET RECONSTRUCTION FUND WHEREAS, THE City Council has determined that monies will be needed in the future to reconstruct collector streets within the City, and WHEREAS, the City Engineer has provided the City Council will information regarding the condition of collector streets, and WHEREAS, the City Engineer has provided reasonable estimates as to the timeline and projected cost to reconstruct the collector streets within the City, and WHEREAS, the City Council has determined that it is responsible to the citizens of the City of Otsego to provide a reasonable means to finance such improvements while minimizing the effect of the tax capacity rate, and WHEREAS, the City Council has determined that it is important to establish a separate fund to accumulate the financial resources for the reconstruction of collector streets; NOW THEREFORE, BE IT RESOVLED BY THE CITY COUNCIL OF OTSEGO, MINNESOTA AS FOLLOWS: The City will establish within its financial accounting records a separate fund titled "Collector Street Reconstruction Fund" to accumulate the financial resources for future collector street reconstruction projects. The City will transfer $150,000 from the General Fund to establish the Collector Street Reconstruction Fund. The Collector Street Reconstruction Fund will be reported in the City's financial statements for the year ended December 31, 2009. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ATTEST: ADOPTED by the City Council of the City of Otsego this 26h day of April 2010. Tami Loff, City Clerk CITY OF OTSEGO L" Jessica Stockamp, Mayor a3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimilw 763.427.0520 TPQ PlanningCo.cam MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 16 April 2010 RE: Otsego — City Code; Animals TPC FILE: 101.01 —10.05 BACKGROUND Wright County adopted an ordinance for dangerous and potentially dangerous dogs on 19 January2010. The ordinance provides for County wide regulation of dangerous dogs unless a City (or Town) specifically opts out. This issue was discussed by the Administrative Subcommittee on 14 April 2010 and recommended to be brought to the full City Council at their meeting on 26 April 2010 for consideration. Exhibits: A. Draft Ordinance 2010-04 B. Draft Summary of Ordinance 2010-04 ANALYSIS Dangerous Dogs. Wright County adopted Ordinance 10-01 on 19 January 2010 to provide for the regulation of dangerous and potentially dangerous dogs within the County. The Ordinance is authorized by Minnesota Statutes Chapter 347 to reduce the threat to the public as well as other animals from dangerous or potentially dangerous dogs. The Ordinance includes criteria for designation of dangerous and potentially dangerous dogs, registration requirements and requirements and restrictions for keeping animals so designated. Failure to comply with the Ordinance is a criminal offence and may result in confiscation and destruction of the designated animal. The Ordinance is administered by Wright County through the Sheriffs office in partnership with Crossroads Animal Shelter. Given the City's current contract with Wright County for Sheriffs for police protection and criminal prosecution within the City, handling dangerous or potentially dangerous dogs through their jurisdictions would be the most efficient approach to this issue. In order to turnover jurisdiction for dangerous and potentially dangerous dogs to Wright County under Ordinance 10-01, the City must repeal the existing dangerous and potentially dangerous dog provisions outlined in Chapter 5, Section 1 of the City Code and notify Wright County of its decision to opt in to the jurisdiction of the County Ordinance. Animal Licensing. The Administrative Subcommittee also discussed eliminating the City Code requirements in Chapter 5, Section 1 that all dogs over six months of age kept within the City be licensed by the City. There are two reasons a City adopts licensing requirements for dogs. First is to verify that annual vaccinations are being maintained for the animal to protect public safety. In that Otsego does not require annual renewal of the license, this purpose is not being accomplished. The second reason to require licensing is to aid identifying the owner of impounded animals. There are alternatives to City licenses available to aid in identifying owners including dog tags/microchips or vaccination tags issued by veterinarians. As such, a City license is not needed for identification purposed. The City has only issued 340 dog licenses since 2002 and does not enforce the licensing provisions of the City Code. As there is no longer a public purpose for the license requirement, City staff recommends these provisions be repealed. RECOMMENDATION City staff recommends approval of Ordinance 2010-04 in the form attached hereto. POSSIBLE ACTIONS A. Motion to approve Ordinance 2010-04 and Summary of Ordinance 2010-04 and authorize opting for the regulation of dangerous dogs to be the jurisdiction of Wright County. B. Motion to table. C. Mike Robertson, City Administrator Tami Loff, City Clerk Sandy Lindenfelser, Special Licensing Andy MacArthur, City Attorney 2 SUMMARY OF ORDINANCE NO.: 2010-04 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF OTSEGO REPEALING ANIMAL LICENSING REQUIREMENTS AND REGULATION OF DANGEROUS DOGS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 5-1-3 of the City Code is hereby amended to repeal license requirements for all dogs over the age of six (6) months within the City. Section 2. Section 5-1-6.A of the City Code is hereby amended to repeal reference to unlicensed animals. Section 3. Section 5-1-6.0 of the City Code is hereby amended to repeal reference to unlicensed animals. Section 4. Section 5-1-11.A of the City Code is hereby amended to epeal reference to unlicensed animals. Section 5. Section 5-1-12 of the City Code applicable to dangerous animals is hereby repealed. Section 6. Section 5-1-13 of the City Code applicable to requirements for dangerous animals is hereby repealed. Section 7. Section 5-1-14 of the City Code is hereby amended and renumbered as Section 5-1-12 of the City Code. Section 8. Section 5-1-15 of the City Code is hereby amended and renumbered as Section 5-1-13 of the City Code. Section 9. Section 5-1-16 of the City Code is hereby amended and renumbered as Section 5-1-14 of the City Code. Section 10. Section 5-1-17 of the City Code is hereby amended and renumbered as Section 5-1-15 of the City Code. Section 11. Section 5-1-18 of the City Code is hereby amended and renumbered as Section 5-1-16 of the City Code. Section 12. Section 5-1-19 of the City Code is hereby amended and renumbered as Section 5-1-17 of the City Code. Section 13. This Ordinance shall become effective immediately upon its passage and publication according to law. ADOPTED by the Otsego City Council this 26th day of April, 2010. CITY OF OTSEGO BY: Jessica Stockamp, Mayor ATTEST: Tami Loff, City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the Zoning Administrator/City Clerk, Otsego City Hall, 8899 Nashua Avenue, Otsego, Minnesota 55330 during regular office hours. ORDINANCE NO.: 2010-04 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF OTSEGO REPEALING ANIMAL LICENSING REQUIREMENTS AND REGULATION OF DANGEROUS DOGS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 5-1-3 of the City Code is hereby amended to read as follows: 5-1-3: DOGS AND CATS: A. Running at Large Prohibited. It shall be unlawful for the dog or cat of any person who owns, harbors, or keeps a dog or cat, or the parents or guardians of any such person under eighteen (18) years of age, to run at large. Dogs or cats on a leash and accompanied by and under the control and direction of a responsible person so as to be effectively restrained by command as by leash, shall be permitted in streets or on public land unless the City has posted an area with signs reading "Dogs or Cats Prohibited". .10 �.1011200.01 : ie- GI3. Cats. Cats shall be included as within the controls established within this sub -section of this Section in so far as running -at -large, pickup, impounding, boarding, iise1II16ing and proof of anti -rabies vaccine is concerned. All other provisions of this Section shall also apply to cats unless otherwise indicated. W. Vaccination. 1. All dogs and cats kept harbored, maintained, or transported within the City shall be vaccinated at least once every three (3) years by a licensed veterinarian for rabies (with a live modified vaccine). 2. A certificate of vaccination must be kept on which is stated the date of vaccination, owner's name and address, the animal's name (if applicable), sex, description and weight, the type of vaccine, and the veterinarian's signature. Upon demand made by the City Clerk or sheriffs deputy, the owner shall present for examination the required certificates of vaccination for the animals. In cases where certificates are not presented, the owner or keeper of the animals shall have seven days in which to present the certificates to the City zrnrmmm Ti i I ■ ME GI3. Cats. Cats shall be included as within the controls established within this sub -section of this Section in so far as running -at -large, pickup, impounding, boarding, iise1II16ing and proof of anti -rabies vaccine is concerned. All other provisions of this Section shall also apply to cats unless otherwise indicated. W. Vaccination. 1. All dogs and cats kept harbored, maintained, or transported within the City shall be vaccinated at least once every three (3) years by a licensed veterinarian for rabies (with a live modified vaccine). 2. A certificate of vaccination must be kept on which is stated the date of vaccination, owner's name and address, the animal's name (if applicable), sex, description and weight, the type of vaccine, and the veterinarian's signature. Upon demand made by the City Clerk or sheriffs deputy, the owner shall present for examination the required certificates of vaccination for the animals. In cases where certificates are not presented, the owner or keeper of the animals shall have seven days in which to present the certificates to the City Clerk or other designee or sheriffs deputy. Failure to do so shall be deemed to be a violation of this Ordinance. Section 2. Section 5-1-6.A of the City Code is hereby amended to read as follows: A. Running at Large. Any uAIisensed animal running at large is hereby declared a public nuisance. Any sheriffs deputy or authorized police officer may impound any dog or other animal found URIisensed-OFaRy anfound running at large and shall give notice of the impounding to the owner of such dog or other animal, if known. In case the owner is unknown, the officer shall post notice at the City Hall that if the dog or other animal is not claimed within the time period set forth in this Section, it will be sold or otherwise disposed of. Except as otherwise provided in this Section it shall be unlawful to kill, destroy, or otherwise cause injury to any animal, including dogs and cats, running at large. Section 3. Section 5-1-6.0 of the City Code is hereby amended to read as follows: C. Reclaiming Animals. All animals conveyed to the City pound shall be kept, with humane treatment and sufficient food and water for their comfort, at least five regulaF business days OF any time peFied speGiftally set feFth in this OrdinanGe. Any IiGensed GF implanted animal shall be kept far at least fourteen (14) days. In case the owner or keeper shall desire to reclaim the animal from the pound, the Wowjag avment of anv and all maintenance cost for the animal, per day or any part of a day while the animal is in said pound shall be required_, 6eunsi" If -a dog as unliGensed, payment of a F9gU!aF IiGense fee and valid GOFtifiGate of van-a-ination for rabies is FequiFed-. Section 4. Section 5-1-11.A of the City Code is hereby amended to read as follows: A. Running at Large. No person shall keep or allow to be kept on his or her premises, or on premises occupied by them, nor permit to run at large in the City, any animal which is diseased so as to be a danger to the health and safety of the City, even though the animal 198 PADPSAY IiGensed undeF this-SeEtien. Section 5. Section 5-1-12 of the City Code applicable to dangerous animals is hereby repealed. MITTMI" MA G. Has a known propensity, tendenGy OF disposition to attack ON 0-00 i �. �. deputy, OffiGeF, oF designee, 00.1 ■ ._"Mil0-1 deputy, OffiGeF, oF designee, 00.1 I.r-lw.ltmr-T"w =72M]"r-W&M. Ow M ANN f).M NO I r- ��W"r I T: t TTT If -'TW 7 ir i T T : -Im :Tm! 1. ...... . ......... ....... Ow f).M NO I r- ��W"r I T: t TTT If -'TW 7 : -Im :Tm! 1. Section 6. Section 5-1-13 of the City Code applicable to requirements for dangerous animals is hereby repealed. and as an;AndAd PP 4 and as an;AndAd Section 7. Section 5-1-14 of the City Code is hereby amended and renumbered as follows: 5-14412: BASIC CARE: All animals shall receive from their Owners or keepers kind treatment, housing in the winter, and sufficient food and water for their comfort. Any person not treating their pet in such a humane manner will be subject to the penalties provided in this Section. Section 8. Section 5-1-15 of the City Code is hereby amended and renumbered as follows: ■ .. JIM Section 7. Section 5-1-14 of the City Code is hereby amended and renumbered as follows: 5-14412: BASIC CARE: All animals shall receive from their Owners or keepers kind treatment, housing in the winter, and sufficient food and water for their comfort. Any person not treating their pet in such a humane manner will be subject to the penalties provided in this Section. Section 8. Section 5-1-15 of the City Code is hereby amended and renumbered as follows: 5-1-451: BREEDING MORATORIUM: Every female dog or female cat in heat shall be confined in a building or other enclosure in such manner that it cannot come in contact with another dog or cat except for planned breeding. Upon capture and failure to reclaim the animal, every dog or cat shall be neutered or spayed prior to being transferred to a new Owner. Section 9. Section 5-1-16 of the City Code is hereby amended and renumbered as follows: 5-14-614: ENFORCING OFFICER: The City Council is hereby authorized to appoint an officer or designee to enforce the provisions of this Section. The officer may be a deputy sheriff. In the officer's duty of enforcing the provisions of this Section, he or she may from time to time, with the consent of the City Council, designate assistants. Section 10. Section 5-1-17 of the City Code is hereby amended and renumbered as follows: 5-1-47-15: POUND: From time to time the City Council shall designate an official pound to which animals found in violation of this Chapter shall be taken for safe treatment, and if necessary, for destruction. Section 11. Section 5-1-18 of the City Code is hereby amended and renumbered as follows: 5-1-4810: INTERFERENCE WITH OFFICERS: No person shall in any manner molest, hinder, or interfere with any person authorized by the City Council to capture dogs, cats or other animals and convey them to the pound while engaged in such operation. Nor shall any unauthorized person break open the pound, or attempt to do so, or take or attempt to take from any agent any animal taken up by him or her in compliance with this Section, or in any other manner to interfere with or hinder such officer in the discharge of his or her duties under this Section. Section 12. Section 5-1-19 of the City Code is hereby amended and renumbered as follows: 5-14-917: VIOLATIONS AND PENALTIES: A. Separate Offenses. Each day a violation of this Section is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this Section. B. Misdemeanor. Unless otherwise provided, violation of this Section shall constitute a misdemeanor punishable by a fine of up to $1,000 or imprisonment for up to ninety (90) days. C. Petty Misdemeanor. Violations of Sections 5-1-3, 5-1-8-A, and 5-1-8.0 are petty misdemeanors punishable by a fine of up to $300 per violation. In the event that an owner commits three of the same or similar petty misdemeanor violations within a period of one year, the third violation shall be considered a misdemeanor. Section 13. This Ordinance shall become effective immediately upon its passage and publication according to law. ADOPTED by the Otsego City Council this 26th day of April, 2010. CITY OF OTSEGO BY: Jessica Stockamp, Mayor ATTEST: Tami Loff, City Clerk ATTACH LEGAL DESCRIPTION HERE EXHIBIT A ATTACH LEGAL DESCRIPTION HERE EXHIBIT B ATTACH LEGAL DESCRIPTION HERE EXHIBIT C April 27, 2010 Brian J. Asleson Chief Deputy Attorney Wright County Attorney's Office Wright County Government Center 10 2nd Street NW, Room 400 Buffalo, MN 55313 RE: Otsego — City Code; Dangerous and Potentially Dangerous Dogs Dear Mr. Asleson: The Otsego City Council at their meeting on April 26, 2010 reviewed Wright County Ordinance 10-01 regulating dangerous and potentially dangerous dogs. The City Council believes that having dangerous and potentially dangerous dogs within Otsego regulated under the jurisdiction of Wright County Ordinance 10-01 is the most efficient way to address this issue and provide necessary protection for the public and other animals given our established relationship with the Wright County Sheriffs Office for police services and Wright County Attorney's Office for prosecution of violations of the City Code. As such, the City Council voted 4-0 to adopt Ordinance 2010-04 repealing provisions of Chapter 5, Section 1 of the City Code regulating dangerous and potentially dangerous dogs within Otsego. With this action and this letter, the City of Otsego is opting to be within the jurisdiction of Wright County Ordinance 10-01. If you have any questions or comments regarding this matter, please do not hesitate to contact me. Brian J. Asleson Page 2 Sincerely, CITY OF OTSEGO Michael Robertson City Administrator C. Tami Loff, City Clerk Sandy Lindenfelser, Special Licensing Andy MacArthur, City Attorney Gary Miller, Wright County Sheriff WRIGHT COUNTY Ordinance Number 10-01 DANGEROUS AND POTENTIALLY DANGEROUS DOG ORDINANCE Adopted by the Wright County Board of Commissioners on the 19th day of January, 2010. TABLE OF CONTENTS WRIGHT COUNTY ORDINANCE NUMBER 10 - SECTION 1— PURPOSE AND INTENT........................................................... 4 SECTION2 — TITLE........................................................................................... 4 SECTION 3 — VALIDITY.................................................................................... 4 SECTION 4 — JURISDICTION.......................................................................... 4 SECTION 5 — INCORPORATION......................................................................5 SECTION 6 — DEFINITIONS..............................................................................5 SECTION 7 — DANGEROUS DOGS, DESIGNATION....................................7 Subsection1: Designation................................................................. 7 Subsection2: Notice........................................................................... 7 Subsection3: Hearing........................................................................ 8 Subsection4: Exemption................................................................... 9 Subsection 5: Review of designation ................................................ 9 SECTION 8 — DANGEROUS DOGS; REGISTRATION .............................. 10 Subsection1: Requirements............................................................ 10 Subsection2: Registration............................................................... 10 Subsection 3: Registration requirements ....................................... 10 Subsection4: Release.......................................................................11 Subsection5: Fee.............................................................................. 11 Subsection6: Revocation................................................................. 11 Subsection7: Registration renewal ................................................ 12 Subsection 8: Death or relocation of Dangerous Dog ................... 12 Subsection9: Sale of Dangerous Dogs ........................................... 12 SECTION 9 — DANGEROUS DOGS; REQUIREMENTS ............................ 12 Subsectionl: Requirements............................................................ 12 Subsection 2: Restraint.................................................................... 12 Subsection3: Leased premises........................................................ 12 Subsection4: Warning symbol ....................................................... 13 Subsection5: Tag............................................................................. 13 Subsection6: Property inspection .................................................. 13 Subsection7: Review....................................................................... 13 2 SECTION 10 - POTENTIALLY DANGEROUS DOGS; DESIGNATION... 13 Subsection1: Designation............................................................... 13 Subsection2: Notice.........................................................................14 Subsection3: Hearing .................................. :................................... 14 Subsection 4: Exemption ................................................................ 15 Subsection5: Review of designation .............................................. 15 SECTION 11— POTENTIALLY DANGEROUS DOGS; REQUIREMENTS... 15 Subsection1: Microchipping.........................................................:. 15 Subsection2: Other restrictions.....................................................15 SECTION 12 — MICROCHIP IDENTIFICATION........................................16 SECTION13 — CONFISCATION....................................................................16 Subsection1: Seizure....................................................................... 16 Subsection 2: Additional dogs subject to seizure ...........................17 Subsection3: Reclaiming dogs.........................................................17 Subsection4: Subsequent offenses..................................................17 SECTION 14 — DESTRUCTION OF DOGS IN CERTAIN CIRCUMSTANCES... 18 Subsection 1: Upon infliction of death or. bodily harm ................18 Subsection2: Suffering beyond cure .............................................. 18 Subsection3: Unclaimed Dogs ........................................................ 18 SECTION15 — PENALTY................................................................................18 SECTION16 — RESTRICTIONS......................................................................18 Subsection 1: Dog ownership prohibited ....................................... 18 Subsection2: Household members ................................................. 19 Subsection 3: Dog ownership prohibition review ......................... 19 SECTION17 — DATE OF EFFECT..................................................................19 AN ORDINANCE FOR DANGEROUS AND POTENTIALLYDANGER 0US DOGS IN WRIGHT COUNTY The Board of Commissioners of the County of Wright, State of Minnesota, does hereby ordain and adopt this Ordinance establishing regulations and standards for the management of Dangerous and Potentially Dangerous Dogs pursuant to Minnesota Statutes Chapter 347. SECTION 1— PURPOSE AND INTENT It is the intent of Wright County to protect the public against the health and safety risks posed by Dangerous and Potentially Dangerous Dogs. By their very nature, dogs classified as "Dangerous" or "Potentially Dangerous" pose a direct threat to the people and other animals that live in the same community or may otherwise come into contact with them. The intent of this Ordinance is to govern and control Dangerous and Potentially Dangerous Dogs located within Wright County. This Ordinance uses the same framework as Minnesota Statutes Sections 347.50 — 347.565, which govern Dangerous Dogs. This Ordinance does not regulate, govern, or control dogs not considered Dangerous or Potentially Dangerous, or otherwise impact the regulation and control of other animals, whether wild or domestic. SECTION 2 — TITLE This Ordinance shall be known as, and may be cited and referenced as, the "Wright County Dangerous and Potentially Dangerous Dog Ordinance;" and, when referred to herein, it shall be referenced to as "this Ordinance." SECTION 3 — VALIDITY All sections and provisions of this Ordinance are deemed severable in nature. Should a court of competent jurisdiction declare any particular section or provision to be void, invalid, or unenforceable, that decision shall not affect the validity of this Ordinance as a whole nor be construed as a determination that any other section or provision is void, invalid, or unenforceable. SECTION 4 — JURISDICTION This Ordinance shall apply to all areas of the County of Wright; except this Ordinance does not apply in any city or town which has a dangerous dog ordinance complying with state law and which has declared itself to be the Animal Control Authority within its jurisdiction. This Ordinance also does not apply to any dog used by law enforcement officials for police work. 4 SECTION 5 — INCORPORATION This Ordinance expressly adopts and incorporates the provisions of Minnesota Statutes Sections 347.50 — 347.565. When the provisions of this Ordinance impose greater restrictions than those of any other statute, ordinance, rule or regulation, the provisions of this Ordinance shall be controlling. Where the provisions of any other statute, ordinance, rule or regulation impose greater restrictions than this Ordinance, the provision of such statute, ordinance, rule or regulation shall be controlling. SECTION 6 - DEFINITIONS For the purpose of this Ordinance, the terms defined in this section shall have the following meanings assigned to them: (A) Animal Control Authority. "Animal Control Authority" shall mean Wright County or any Law Enforcement agent or other. public official acting under its direction and control. Additionally, "Animal Control Authority" shall mean any individual, organization, partnership, or entity operating under contract to perform animal control operations pursuant to a written agreement authorized and approved by the Wright County Board of Commissioners, or any city or town located within Wright County which has declared itself to be the Animal Control Authority within its jurisdiction. (B) Board. "Board" shall mean the Wright County Board of Commissioners. (C) County. "County" shall mean the County of Wright, a political subdivision of the State of Minnesota. (D) Dangerous Dog. "Dangerous Dog" shall mean any dog that has: (1) When Unprovoked, inflicted death, Great Bodily Harm, Substantial Bodily Harm, or permanent disfigurement to any person on public or private property; or (2) When Unprovoked, engaged in any attack on any person under circumstances which indicated danger to personal safety; or (3) Killed a domestic animal while off the Owner's property; or (4) When Unprovoked, has bitten one (1) or more persons on two (2) or more separate occasions; or (5) Been found to be Potentially Dangerous, and after the Owner received notice or personal knowledge that the dog is Potentially Dangerous, the dog aggressively bites, attacks, or endangers the safety of a human being or domestic animal; or (6) Been or will be used, trained, or encouraged to fight with another animal; or whose Owner has in custody or possession any training apparatus, paraphernalia or drugs used to prepare such dog for fighting with another animal. 5 (E) Great bodily harm. "Great bodily harm" shall have the meaning given it under Minnesota Statutes Section 609.02, Subdivision 8. (F) Hearing. "Hearing" shall mean a proceeding conducted by a Hearing Officer in accordance with the requirements of this Ordinance. (G)Hearing Officer. "Hearing Officer" shall mean a licensed doctor of veterinary medicine, an Animal Control Authority official, or any otherwise qualified impartial hearing officer, appointed by the Board. (H)KMed. A dog "Killed" or "Kills" a human being or domestic animal if there was a direct causal connection between the act of the attacking dog and the death of the person or other animal. For domestic animals which were euthanized following such an attack, "Killed" or "Kills" shall mean the death was the direct and inescapable consequence of the attack, extensive veterinarian assistance would be futile, and that euthanasia merely hastened the inevitable death of the victim animal. (I) Owner. "Owner" shall mean any person or persons, firm, corporation, association, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog. Any person keeping or harboring a dog for five (5) consecutive days shall, for the purposes of this Ordinance, be deemed to be an Owner thereof. (.n Potentially dangerous dog. "Potentially dangerous dog" shall mean any dog that has: (1) When Unprovoked, bitten a human or domestic animal on public or private property; or (2) When Unprovoked, chased or approached a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than upon the dog Owner's property, in an apparent attitude of attack; or (3) A known history or propensity, tendency, or disposition to attack while Unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. (K -)Proper Enclosure. "Proper Enclosure" shall mean securely confined indoors, or in a securely enclosed and locked pen or structure outdoors, suitable to prevent the animal from escaping and providing the dog protection from the elements. A Proper Enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting. Such enclosure shall not allow the egress of the animal in any manner without human assistance. A pen or kennel, in order to qualify as a Proper Enclosure, shall meet the following minimum specifications: (1) The overall floor size shall have a minimum area of thirty-two square feet (32 sq. ft.); R (2) Sidewalls shall have a minimum height of five feet (5 ft.) and be constructed of 11 - gauge or heavier wire. Openings in the wire shall not exceed two inches (2 in.), support posts shall be one and one -quarter -inch (1'/4 in.) or larger steel pipe buried in the ground eighteen inches (18 in.) or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of eighteen inches (18 in.) into the ground; (3) A cover over the entire pen or kennel shall be provided, constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than two inches (2 in.); and (4) An entrance/exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openings in the wire greater than two (2) inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. (L) Substantial Bodily Harm. "Substantial bodily harm" shall have the meaning given to it under Minnesota Statutes Section 609.02, Subdivision 7a. (M) Unprovoked. "Unprovoked" shall mean the condition in which the animal is not purposely excited, stimulated, agitated or disturbed. SECTION 7 - DANGEROUS DOGS, DESIGNATION. Subsection 1: Designation The Animal Control Authority or Hearing Officer shall designate any dog as a Dangerous Dog upon receiving evidence that the dog meets any of the criteria of applicable state law or Section 6(D) of this Ordinance. Subsection 2: Notice (1) Upon a designation that a dog is Dangerous, the Animal Control Authority shall provide a written Notice of Dangerous Dog to the Owner of record or, if none, to any Owner of such dog by personally serving the Owner or a person of suitable age and discretion at the residence of such Owner. Service upon any Owner shall be effective as to all Owners. The notice shall state the dates, times, places and facts of the incidents which form the basis for the determination, and include the following: (i) A description of the dog deemed to be Dangerous; (ii) The factual basis for that determination; and (iii) The identity of the official who made the determination. (2) The Notice shall also set forth the registration requirements and other restrictions imposed upon a Dangerous Dog under this Ordinance or Minnesota Statutes Chapter 347. 7 (3) The Notice shall also advise the Owner(s) that they have ten (10) days to appeal the determination by requesting a Hearing before the Hearing Officer, and shall include a pre- printed form which the Owner can use to request a hearing. The request for a Hearing shall be made directly to the Animal Control Authority, and must be submitted in writing. (4) If the Owner does not request a Hearing within the allotted ten (10) days, the designation of Dangerous Dog as issued in the written Notice of Dangerous Dog will stand, and the Owner will be subject to all restrictions and requirements as set forth in the Notice by the Animal Control Authority. Subsection 3: Hearing (1) If an Owner, within ten (10) days of the date of the Notice, requests a Hearing for determination as to the Dangerous nature of the dog, the Hearing shall be held before a Hearing Officer within ten (10) days after the Animal Control Authority is notified of the Owner's request for a Hearing. The Hearing Officer may allow the Hearing date to be extended beyond the ten (10) day period for good cause. Any dog Owner who requests such a Hearing is liable to the County for all costs and expenses related to the Hearing. (2) Pending the a Hearing, the dog may be seized and kept at animal control unless the Owner shows proof that the dog is properly licensed, if required; has met the requirement for rabies vaccinations; keeps the dog only in a Proper Enclosure unless restrained on a leash with a muzzle; and otherwise demonstrates to the Animal Control Authority that the dog, under its present circumstances, does not present an unreasonable risk of harm to persons or other domestic animals. (3) The records of the Animal Control Authority, any police reports relating to an attack or bite, medical records, and all reliable hearsay shall be admissible for consideration by the Hearing Officer without further foundation. (4) The Animal Control Authority shall be represented by the Wright County Attorney's Office. The Owner may be represented by private legal counsel of the Owner's choosing, although the Owner does not have the right to an attorney at public expense. (5) At the Hearing, both the Owner and the Animal Control Authority may present the testimony of live witnesses, cross-examine witnesses, and present documentary evidence. The Animal Control Authority, and the dog's Owner, may apply to the District Court for subpoenas for Hearings. (6) The burden of proof shall be upon the Animal Control Authority. The standard of proof shall be clear and convincing evidence if the Authority seeks to destroy the dog; in all other cases it shall be by a preponderance of the evidence. (7) Amer considering all evidence pertaining to the dog, the Hearing Officer shall make such order as he/she deems proper, including ordering the Animal Control Authority to take the dog into custody, if the dog is not currently in custody. 0 (8) Any person who fails or refuses to release a dog to the Animal Control Authority or law enforcement agent upon demand, or after it has been found by a Hearing Officer to be Dangerous and ordered into custody, shall be guilty of a misdemeanor. (9) Authority to order destruction. The Hearing Officer, upon finding that a dog is Dangerous hereunder, is authorized to order, as part of the disposition of the case, that the dog be destroyed based on a written order containing findings of fact establishing that each of the following criteria are present: (i) The dog is Dangerous, as demonstrated by a vicious attack, an unprovoked attack, an attack without warning, or multiple attacks; and (ii) The Owner of the dog has demonstrated an inability or unwillingness to sufficiently control the dog in order to prevent injury to persons or other animals; and (iii) The Owner cannot, will not, does not, or otherwise refuses to provide proof of the liability insurance for the dog as required by Section 8, Subsection 3(3) of this Ordinance. (10) The decision of the Hearing Officer is a quasi-judicial determination that is subject to review by writ of certiorari to the Minnesota Court of Appeals. (11) The Owner or person claiming an interest in the dog is liable for all actual costs of care, keeping, and disposal of the dog, except to the extent that a court or Hearing Officer finds that the seizure or impoundment was not substantially justified by law. The costs must be paid in full, or a mutually satisfactory arrangement for payment must be made between the County and the person claiming an interest in the dog, before the dog is returned to the person. Subsection 4: Exemption A dog may not be declared Dangerous if the threat, injury, or damage was sustained by a person who: (1) Was committing, at the time, a willful trespass or other tort upon the premises occupied by the Owner of the dog; or (2) Was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or (3) Was committing or attempting to commit a crime against the Owner or the Owner's property. Subsection 5: Review of designation Beginning one year after a dog is declared a Dangerous Dog; an Owner may request annually in writing that the Animal Control Authority or the Hearing Officer review the designation. The Owner, must provide evidence that the dog's behavior has changed due to the dog's age, 9 sterilization, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the Animal Control Authority or Hearing Officer finds sufficient evidence that the dog's behavior has changed, the Authority may rescind the dangerous dog designation. If a review of designation is conducted by the Hearing Officer, the burden of proof shall be upon the dog's Owner and the standard of proof is clear and convincing evidence. SECTION 8 — DANGEROUS DOGS; REGISTRATION. Subsection 1: Requirements For any dog determined or declared to be Dangerous by operation of this Ordinance, state statute, court order, ordinance or regulation from another jurisdiction, or valid declaration from an Animal Control Authority, the dog shall, at all times during the dog's life, be registered as a Dangerous Dog pursuant to this Ordinance or state law. Subsection 2: Registration No person may own or possess a Dangerous Dog in this County unless the dog is registered as provided in this Ordinance or applicable state law. All dogs deemed Dangerous by the Animal Control Authority or Hearing Officer, as applicable, shall be registered as a Dangerous Dog with the Animal Control Authority within thirty (30) days after the date the dog was so deemed. Subsection 3: Registration requirements The Animal Control Authority shall issue a Certificate of Registration to the Owner of Dangerous Dog only if the Owner presents sufficient evidence that all of the following are met: (1) The Owner provides and maintains a Proper Enclosure for the Dangerous Dog, as defined in Section 6(K) of this Ordinance; and (2) The Owner posts clearly visible warning signs, understandable to children, that there is a Dangerous Dog on the property. These warning signs must be posted on the front and. the rear of all buildings on the property and upon the Proper Enclosure for the dog. The warning signs must meet the requirements set forth in Minnesota Statute Section 347.5 1, and Section 9 of this Ordinance; and (3) The Owner provides, and annually shows proof of, public liability insurance pre -paid in full in the minimum amount of five -hundred thousand dollars ($500,000.00) per person and one -million dollars ($1,000,000.00) per incident, payable to any person or persons injured by the Dangerous Dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in this state in the amount of at least five - hundred thousand dollars ($500,000.00) per person and one -million dollars ($1,000,000.00) per incident insuring the Owner for any personal injuries inflicted by the Dangerous Dog; and (4) The Owner pays the annual registration fee set by Board pursuant to Subsection 5 of this Section; and 10 (5) An identification microchip was implanted in the dog as required under Minnesota Statutes Section 347.515 and Section 12 of this Ordinance; and (6) The dog must have a lifetime license, if required, and must be up to date on all vaccinations including rabies. (7) The dog must be sterilized. If not done within 30 days, Animal Control Authority shall seize the dog and have it sterilized at the owner's expense. Subsection 4: Release If a Dangerous Dog was impounded by the Animal Control Authority, or upon order of a Hearing Officer, the dog shall not be released until the Owner demonstrates to the Animal Control Authority that all applicable requirements of this Ordinance, including all registration requirements imposed by this Section or applicable state law, have been complied with. The Owner shall have a maximum of thirty (30) days to comply with all requirements. The Owner must pay the County for all costs incurred in the seizure and boarding of the dog prior to its return. Subsection 5: Fee The County will charge the Owner of a Dangerous Dog an annual fee, in addition to any regular dog licensing fees, to obtain a Certificate of Registration for a Dangerous Dog under this Section. This annual fee will be set by the Board following a public hearing, in an amount not to exceed five -hundred dollars ($500.00). Subsection 6: Revocation (1) Any Certificate of Registration for a Dangerous Dog may be revoked, following Hearing, if the Owner fails to maintain compliance with any registration requirement, or fails to keep or maintain the Dangerous Dog as required by any provision of this Ordinance or applicable state law. The provisions of Sections 13 and 14 of this Ordinance, applicable to the seizure and disposition of dogs, shall apply. (2) The Animal Control Authority shall serve upon the Owner a written Notice setting forth the alleged reasons why the dog is not being kept in conformance with this Ordinance, and shall also notify the Owner of the date, time, and location of the Hearing. Any Hearing to revoke a Certificate of Registration shall be held before a Hearing Officer within twenty (20) days of the date of the Notice, and shall comply with all the requirements as set forth in Section 7, Subsection 3. The Hearing Officer may allow the Hearing date to be extended beyond the twenty (20) day period for good cause. (3) If a Dangerous Dog Certificate of Registration is revoked following Hearing, the Hearing Officer shall order the dog disposed of immediately or, in the alternative, permit the Owner a reasonable time period, not to exceed thirty (30) days, to obtain the dog if the Owner is in compliance with all registration requirements. 11 Subsection 7: Registration renewal An Owner of a Dangerous Dog shall renew the registration of the dog annually until the dog is deceased. Subsection 8: Death or relocation of Dangerous Dog An Owner of a Dangerous Dog shall notify the Animal Control Authority, in writing, of the death of the dog, or if the dog relocates or transfers out of the County to a new location or new jurisdiction, within thirty (30) days of the death or relocation. An Owner shall, if requested by the Animal Control Authority, execute an affidavit, under oath and penalty of perjury, setting forth either the circumstances of the dog's death and disposition; or the complete name, address, and telephone number of the person to whom the dog was transferred. Subsection 9: Sale or transfer of Dangerous Dogs A person who sells or otherwise transfers ownership or control of a Dangerous Dog must notify any potential purchaser or transferee, prior to the consummation of the transaction, that the dog was previously designated as Dangerous. The seller must also notify the Animal Control Authority, in writing, of the sale and provide the Animal Control Authority with the new Owner's name, address, and telephone number. SECTION 9 - DANGEROUS DOGS; REQUIREMENTS. Subsection 1: Requirements For any dog declared Dangerous by operation of this Ordinance, state statute, court order, an ordinance or regulation from another jurisdiction, or by operation of a declaration by an Animal Control Authority, the Owner, in addition to complying with all the registration requirements set forth under Section 8 of this Ordinance, shall keep and maintain the dog pursuant to all requirements of this Section, all other provisions of this Ordinance, and all requirements of any applicable state statute. Subsection 2: Restraint An Owner of a Dangerous Dog shall keep the dog, while on the Owner's property, in a Proper Enclosure as defined by Section 6(K) of this Ordinance. The dog shall, at all times, be kept in such Proper Enclosure unless the dog is, at any and all times the dog is outside a Proper Enclosure, muzzled and restrained by a substantial chain or leash not to exceed six feet (6 ft.) in length and under the physical restraint of a responsible person eighteen (18) years of age or older. The muzzle, chain, and leash must all be of such a design, manufacture, and maintained in a condition that will prevent the dog from biting any person or animal, but that will not cause injury to the dog or interfere with its vision or respiration. Subsection 3: Leased premises A person who owns a Dangerous or Potentially Dangerous Dog and who rents property from 12 another where the dog will reside shall disclose to the property owner prior to when the dog begins to reside on the property, or prior to entering the lease agreement, and at the time of any lease renewal, that the person owns a Dangerous or Potentially Dangerous Dog that will reside at the property. Subsection 4: Warning symbol If the County issues a Certificate of Registration to the Owner of a Dangerous Dog pursuant to this Ordinance, the County must provide, for posting on the Owner's property, an adequate number of a warning symbol to inform all persons, including children, that there is a Dangerous Dog on the property. The design of the warning symbol must be uniform with any specifications for such a sign as issued by the Minnesota Commissioner of Public Safety, if any, and shall otherwise be obtained by the County from the Commissioner of Public Safety. The County will charge the Owner a reasonable fee to cover its administrative costs and the cost of the warning symbol. Subsection 5: Tag A Dangerous Dog registered under this section shall have a standardized, easily identifiable tag identifying the dog as Dangerous and containing the uniform Dangerous Dog symbol, as developed by the Commissioner of Public Safety or the Animal Control Authority, affixed to the dog's collar at all times. Subsection 6: Property inspection The Owner of a Dangerous Dog shall permit the Animal Control Authority and/or Law Enforcement to enter the property where a Dangerous Dog is kept or located, at all hours reasonable under the circumstances, without a warrant or other advance judicial process, to inspect the premises so as to ensure compliance with the provisions of this Ordinance, applicable state statutes, order from a hearing officer, or directive from the Animal Control Authority. The failure of an Owner to permit such inspection is, by itself, a ground to immediately seize the dog pursuant to Section 13 of this Ordinance and revoke the Dangerous Dog registration pursuant to Section 8, Subsection 6 of this Ordinance. Subsection 7: Review If, in reviewing the conditions for keeping a Dangerous Dog there have been no ordinance violations for a period of two (2) years, the Animal Control Authority or Hearing Officer may use discretion in determining whether the conditions set forth above are still required. SECTION 10 - POTENTIALLY DANGEROUS DOGS; DESIGNATION. Subsection 1: Designation The Animal Control Authority or Hearing Officer shall designate any dog as --a Potentially Dangerous Dog upon receiving evidence that the animal meets any of the criteria in Section 6(J) of this Ordinance. 13 Subsection 2: Notice (1) Upon determination that a dog is Potentially Dangerous, the Animal Control Authority shall provide a written Notice of Potentially Dangerous Dog to the Owner of record, or if none, any Owner of such dog by personally serving the Owner or a person of suitable age and discretion at the residence of such Owner. Service upon any Owner shall be effective as to all Owners. The notice shall state the dates, times, places and facts of the incidents which form the basis for the determination, and shall include the following: (i) A description of the dog deemed to be Potentially Dangerous; (ii) The factual basis for that determination; and (iii) The identity of the official who made the determination. (2) The Notice shall also set forth the restrictions imposed upon a Potentially Dangerous Dog under this Ordinance. (3) The Notice shall also advise the Owner(s) that they have ten (10) days to appeal the determination by requesting a Hearing before a Hearing Officer, and shall include a pre- printed form the Owner may use to request the Hearing. The request for a Hearing shall be made directly to the Animal Control Authority, and must be submitted in writing. (4) If the Owner does not request a Hearing within the allotted ten (10) days, the designation of Potentially Dangerous Dog as issued in the written Notice of Potentially Dangerous Dog will stand, and the Owner will be subject to all restrictions and requirements as set forth in the Notice by the Animal Control Authority. Subsection 3: Hearing (1) If an Owner requests a Hearing within ten (10) days of the date of the Notice for determination as to the Potentially Dangerous nature of the dog, the Hearing shall be held before a Hearing Officer within ten (10) days after the Animal Control Authority is notified of the Owner's request for a Hearing. The Hearing Officer may allow the Hearing date to be extended beyond the ten (10) day period for good cause. Any dog Owner who requests such a Hearing is liable to the County for all costs and expenses related to the Hearing. (2) The Hearing shall be conducted pursuant to the requirements of Section 7, Subsection 3 of this Ordinance. (3) After considering all evidence pertaining to the dog, the Hearing Officer shall issue a written order which rejects or upholds the determination. If the Hearing Officer upholds the determination as Potentially Dangerous, the order may affirm or modify the conditions recommended by the Animal Control Authority. If, as a result of testimony or other evidence at the hearing, there are grounds for declaring the dog to be a Dangerous Dog pursuant to Section 7 of this Ordinance, the Hearing Officer may change the designation and issue the appropriate orders. 14 (4) The decision of the Hearing Officer is a quasi-judicial determination that is subject to review by writ of certiorari to the Minnesota Court of Appeals. Subsection 4: Exemption A dog may not be declared Potentially Dangerous if the threat, injury, or damage was sustained by a person who: (1) Was committing, at the time, a willful trespass or other tort upon the premises occupied by the Owner of the dog; or (2) Was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or (3) Who was committing or attempting to commit a crime against the Owner or the Owner's property. Subsection 5: Review of designation The Animal Control Authority, or Hearing Officer, may, upon the written request of the Owner, review the status of a dog which has been determined to be Potentially Dangerous if a period of two (2) years has passed without any fixrther incidents or violations of this Ordinance, and may use discretion in determining whether any conditions which have been ordered are still required. If the review is conducted by the Hearing Officer, the burden of proof shall be upon the dog's Owner and the standard of proof shall be by clear and convincing evidence. SECTION 11— POTENTIALLY DANGEROUS DOGS; REQUIREMENTS. Subsection 1: Microchipping Any dog that has been determined to be Potentially Dangerous shall be microchipped in accordance with Section 12 of this Ordinance. Subsection 2: Other restrictions Any dog determined to be Potentially Dangerous may be subject to any or all of the following restrictions, as determined by the Animal Control Authority or the Hearing Officer: (1) The Owner of a dog may be required to complete an approved dog obedience class within a designated period of time, and provide proof of completion to the Animal Control Authority; (2) The dog may be required to be kept in a Proper Enclosure, or restrained by chain or leash not to exceed six feet (6 ft.) in length, and/or muzzled, and under the control of a responsible person eighteen (18) years of age or older at all times it is outdoors and not inside a Proper Enclosure; 15 (3) The Owner may be required to post the property where the dog resides with warning signs, readable to children, containing a written notice and warning that a Potentially Dangerous Dog is present on the property. Such signs shall conform to the requirements set forth in Section 9, Subsection 4; (4) The Owner may be required to show proof of up-to-date rabies vaccination and, if required, licensing; (5) The dog may be required to wear, at all times, a tag or marker identifying it as a Potentially Dangerous Dog; and (6) The dog may be.required to be sterilized within 30 days of the owner receiving notice. SECTION 12 - MICROCHIP IDENTIFICATION. It shall be the responsibility of each Owner of any dog kept or harbored within the County and determined to be a Dangerous or Potentially Dangerous Dog under this Ordinance, court order, state statute, designation from the Animal Control Authority, or a substantially similar ordinance from another jurisdiction, to ensure that a microchip is implanted in the dog for identification. The name of the microchip manufacturer and identification number of the microchip must be provided to the Animal Control Authority. If the microchip is not implanted by the Owner, it must be implanted by a qualified veterinarian or clinic or shelter staff under the direction and control of the Animal Control Authority. In either case, all costs related to purchase and implantation of the microchip must be borne by the dog's Owner. SECTION 13 - CONFISCATION. Subsection 1: Seizure. The Animal Control Authority shall immediately seize any Dangerous Dog or Potentially Dangerous Dog if: (1) After thirty (30) days after the Owner has notice that the dog is Dangerous or Potentially Dangerous, the dog is not validly registered under this Ordinance or applicable state law; (2) After thirty (30) days after the Owner has notice that the dog is dangerous, the Owner does not secure the proper liability insurance or surety coverage as required under this Ordinance; (3) The dog is not maintained in a Proper Enclosure, as defined in Section 6(K) of this Ordinance; (4) The dog is outside the Proper Enclosure and not under the proper physical restraint of a responsible person as required under this Ordinance or any applicable state law; or 16 (5) The Owner is served with written notice, by certified mail to the Owner's last known address, that the Owner is in violation of any of the requirements of this Ordinance or any applicable state statute, or is in violation of any directive issued by the Animal Control Authority or order from a Hearing Officer; and, within thirty (30) days of service of such written notice, has refused or failed to achieve satisfactory compliance; or (6) The Animal Control Authority has reason to believe the dog is a Dangerous or Potentially Dangerous Dog, and is kept or maintained under conditions or circumstances creating a unacceptable risk of harm to physical persons or other domesticated animals; or (7) For any other reason authorized by law. Subsection 2: Additional dogs subject to seizure (1) Any dog found to be in circumstances which to a reasonable person indicate that the dog has been or will be used, trained or encouraged to fight with another animal, or any animal whose owner has in custody or possession any training apparatus, paraphernalia or drugs used to prepare such dog to be fought with another animal, is hereby declared to be a public nuisance and shall be immediately seized and taken to the designated animal control center. (2) Any dog may be seized and held to determine if rabid. (3) Any dog may be seized and held if suspected of being feral. (4) Any dog which meets the definitions found in Sections 6(D) or 6(J) may be seized and held at animal control pending a determination whether the animal is Dangerous or Potentially Dangerous. Subsection 3: Reclaiming dogs A dog seized under this Ordinance may be released to the Owner of the dog upon payment of impounding and boarding fees, and presenting proof to the Animal Control Authority that all requirements of this Ordinance and state law have or will be met. A dog not reclaimed under this subdivision within thirty (30) days may be disposed of as provided under Minnesota Statutes Section 35.71, Subdivision 3, and the Owner is liable to the Animal Control Authority for costs incurred in confining and disposing of the dog. Subsection 4: Subsequent offenses If a person has been convicted of a misdemeanor for violating a provision of this Ordinance, and the person is charged with a subsequent violation relating to the same dog, the dog shall be seized by the Animal Control Authority. If the Owner is convicted of the crime for which the dog was seized, the Court shall order that the dog be destroyed in a proper and humane manner and the Owner pay the cost of confining and destroying the dog. If the person is not convicted of the crime for which the dog was seized, the Owner may reclaun the dog upon payment to the Animal Control Authority of a fee for the care and boarding of the dog. If the dog is not reclaimed by the Owner within thirty (30) days after the Owner has been notified that the dog may be reclaimed, the dog may be disposed of as provided under Minnesota Statutes Section 17 35.71, Subdivision 3. The Owner is liable to the Animal Control Authority for the costs incurred in confining, impounding, and disposing of the dog. SECTION 14 —DESTRUCTION OF DOGS IN CERTAIN CIRCUMSTANCES. Subsection 1: Upon infliction of death or bodily harm A dog that, when Unprovoked, inflicted death or Substantial or Great Bodily Harm on a human being on public or private property, or, when Unprovoked, bit multiple human victims on public or private property in the same attack may be destroyed in a proper and humane manner by the Animal Control Authority. The Animal Control Authority may not destroy the dog until the dog Owner is provided the opportunity for a Hearing before a Hearing Officer, as set forth in this Ordinance. Subsection 2: Suffering beyond cure Notwithstanding any other provision of this Ordinance, any dog taken into custody may be immediately disposed of when the dog is suffering and is beyond cure through reasonable care and treatment, upon a proper determination by a licensed doctor of veterinary medicine. The County shall recover from the dog's Owner all costs incurred under this section. Subsection 3: Unclaimed dogs At the expiration of the time a dog is impounded as provided for in this Ordinance, if the dog has not been reclaimed in accordance with the provisions hereof, it shall be the duty of the Animal Control Authority to cause such dog to be destroyed according to the most humane and approved methods, or otherwise disposed of. SECTION 15 — PENALTY. (1) Any person who violates any provision of this Ordinance is guilty of a misdemeanor. (2) It is a misdemeanor to remove a microchip from a Dangerous or Potentially Dangerous Dog; to fail to renew the registration of a Dangerous Dog; to fail to account for a Dangerous Dog's death, transfer of ownership, or removal from the jurisdiction; to sign a false affidavit with respect to a Dangerous Dog's death, transfer of ownership, or removal from the jurisdiction; or to fail to disclose ownership of a Dangerous or Potentially Dangerous Dog to a property owner from whom the person rents property. SECTION 16 - RESTRICTIONS Subsection 1: Dog ownership prohibited. Except as provided in subdivision 3, no person may own a dog if the person has: 18 (1) Been convicted of a third or subsequent violation of Section 8, Section 9, or Section 12; (2) Been convicted of a violation under section 609.205, clause (4); (3) Been convicted of a gross misdemeanor under section 609.226, subdivision 1; (4) Been convicted of a violation under section 609.226, subdivision 2; or (5) Has a dog ordered destroyed under Section 14 and been convicted of one or more violations of Section 8, 9, and 12, or 609.226, subdivision 2. Subsection 2: Household members. If any member of a household is prohibited from owning a dog in subdivision 1, unless specifically approved with or without restriction by an Animal Control Authority, no person in the household is permitted to own a dog. Subsection 3: Dog ownership prohibition review. Beginning three years after a conviction under subsection 1 that prohibits a person from owning a dog, and annually thereafter, the person may request that the Animal Control Authority review the prohibition. The Animal Control Authority may consider such facts as the seriousness of the violation or violations that led to the prohibition, any criminal convictions, or other facts that the Animal Control Authority deem appropriate. The Animal Control Authority may rescind the prohibition entirely or rescind it with limitations. The Animal Control Authority also may establish conditions a person must meet before the prohibition is rescinded, including, but not limited to, successfully completing dog training or dog handling courses. If the Animal Control Authority rescinds a person's prohibition and the person subsequently fails to comply with any limitation imposed by the Animal Control Authority or the person is convicted of any animal violation involving unprovoked bites or dog attacks, the Animal Control Authority may permanently prohibit the person from owning a dog in this County. SECTION 17 — DATE OF EFFECT This Ordinance shall be in full force and effect from and after March 1, 2010. Passed and approved this 19th day of January, 2010. Chair, Wright County Board of Commissioners Attest: 0 - P_ J",// - Special Projects Administrator 19 !N3801 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 783.231.5840 Facsimile: 783.427.0520 TPC@PlanningCo.com MEMORANDUM TO: FROM: DATE: RE: NAC FILE: BACKGROUND Otsego Mayor and City Council Daniel Licht, AICP 19 April 2010 Otsego — Parks; 2010 Priorities 101.01-10.01 ITEM 8_2 The Parks and Recreation Commission has discussed possible park project priorities for 2010 at their meetings on 13 January 2010 and on 14 April 2010. The current down turn in development has resulted in a favorable bid environment for City improvement projects such as parks. City staff assisted with development of a list of potential projects to start the discussion. Several of these projects would be funded using community facilities funds. Exhibits: A. Norin Landing concept plan B. Darkenwald Landing parcel C. School Knoll Park site plan D. Waterfront Park landscape plan (2 sheets) ANALYSIS Park and Trail Funds. The park and trail funds have the following balances as of 31 December 2009. Note that the park development funds will be reduced with costs incurred for pending construction of Frankfort Park. Park Development Fund: $867,334.00 Community Facilities Fund: $1,024,576.00 Potential Projects. The Parks and Trails Commission voted 7-0 to recommend City Council approval to proceed with the following projects in order of priority for 2010. Norin Landing. The Parks and Recreation Commission has previously approved a concept plan for development of a Mississippi River landing at the north terminus of Kadler Avenue. Since the concept plan was approved, DNR staff approached the City regarding potential funding for improvement of the existing boat launch and trailer parking facilities at this location in the 2011-2012 State budget biennium. City staff discussed the issue with DNR staff again in recent weeks. DNR staff said that because of the current State budget deficit issue there is no ability to formally commit funding for the project at this time. However, DNR staff said that the improvement of access to the Mississippi River at this location remains a priority. DNR staff suggested that the likelihood of obtaining funding either at the end of a budget year or in the next biennium would be increased if the project were "shovel ready". Taking the project from concept plan to shovel ready would involve preparation of plans and specifications for the boat launch, off-street parking areas and improvements to Kadler Avenue. Preparation of plans and specifications would also allow for a more accurate estimate of construction costs that would be used to further discuss funding from the DNR. The Parks and Recreation Commission also recommended completing a tree inventory and undertaking maintenance of the trees on the site to protect the larger trees. The City Engineer has provided a quote to complete the plans and specifications for the boat launch, off-street parking areas, Kadler Avenue improvements and tree inventory at Norin Landing for a cost not to exceed $8,400. This project would be paid for from community facilities funds. Darkenwald Landing. The City received a donation of a 9.96 acre parcel adjacent to the Mississippi River at the northeast corner of TH 101 and CSAH 42 as part of the TH 101 project. As part of the agreement with D&Y Family Limited Partnership regarding the TH 101 project, this parcel will be retained permanently by the City in satisfaction of park and trail dedication requirements for the future commercial parcel at the southwest corner of TH 101 and CSAH 42. The parcel is currently vacant. There is a trunk sanitary sewer pipe within the parcel as well as a driveway easement for access to the single family home to the north. The Future Park and Trail Plan anticipates development of a landing park on this parcel. City staff is recommending that the Parks and Recreation Commission consider proceeding with concept plan approval for this landing park based on the visibility and accessibility of the site from TH 101. SRF has provided a work plan to prepare two or three preliminary alternative layouts for the parcel including trails, picnic areas, boat launch/dock and off-street parking. The preliminary layouts would be finalized into a concept plan and preliminary construction cost estimate. The fee for SRF to work with the Parks and K Recreation Commission to develop the concept plan is a cost not to exceed $3,500.00. This project would be paid for from community facilities funds. School Knoll Park. The Park and Recreation Commission requested the addition of benches at School Knoll Park at locations where the play equipment would be visible. City staff has reviewed the site plan and recommends relocation of two existing benches. Two additional benches could be added if desired at a cost of $900 per bench plus concrete materials and Public Works labor. These possible modifications are shown on the attached site plan. The Parks and Recreation Commission recommended that these improvements be paid for from the budgeted discretionary funds for park improvements. City staff has also suggested that portions of the improvement may be able to be combined with the pending Safe Routes to School project. Trail from Randoph Avenue to Queens Avenue. The Riverpointe and River place neighborhoods are isolated from the balance of the park and trail system. There will eventually be sidewalks and/or trails to provide a connection between existing trails along Randolph Avenue and Queens Avenue. The Parks and Recreation Commission has discussed attempting to acquire an easement for a temporary trail across two parcels to the north of Riverpointe and the East Waste Water Treatment facility. The acquisition of the easement is a more critical (and likely difficult) issue for this trail segment. City staff suggested that a subcommittee of the Parks and Recreation Commission and/or City Council approach the landowners as an initial step. Otsego Elementary Ball Fields. City staff had suggested further discussions with ISD 728 as to a joint use agreement that would provide for improvement of playfields at Otsego Elementary. However, a basic service agreement for the Community Education program is considered a priority to establish a basis for field usage as well as possible scheduling. The Parks and Recreation Commission recommends that discussion regarding improvements to the ball fields be started as soon as a services agreement with Community Education has been completed. CONCLUSION The recommendation of the Parks and Recreation Commission regarding possible park projects is to be considered by the City Council at their meeting on 26 April 2010 at 7:00 PM. City staff is seeking approval to move forward with specific projects in the priority determined by the Parks and Recreation Commission. C. Mike Robertson, City Administrator Tami Loff, City Clerk Brad Belair, Public Works Supervisor Sandy Lindenfelser, Special Licensing Ron Wagner, City Engineer Ken Grieshaber, SRF ITEM 8-2 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC@PlanningCo.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 19 April 2010 RE: Otsego — Parks; 2010 Priorities NAC FILE: 101.01 —10.01 BACKGROUND The Parks and Recreation Commissionhas discussed possible prk aThercue ct rent down priorities for 2010 at their meetings on 13 January 2010 and on 14 April 2010 turn in development has resulted in a favorable bid environment for City improvement projects such as parks. City staff assisted with development of a list of potential projects to start the discussion. Several of these projects would be funded using community facilities funds. Exhibits: A. Norin Landing concept plan B. Darkenwald Landing parcel C. School Knoll Park site plan D. Waterfront Park landscape plan (2 sheets) ANALYSIS Park and Trail Funds. The park and trail fundsfollowing be educed with costs December 2009. Note that the park development funds will incurred for pending construction of Frankfort Park. Park Development Fund: $867,334.00 Community Facilities Fund: $1,024,576.00 Potential Projects. The Parks and Trails Commission voted 7-0 to recommend City Council approval to proceed with the following projects in order of priority for 2010. Norin Landing. The Parks and Recreation Commission has previously approved a concept plan for development of a Mississippi River landing at the north terminus of Kadler Avenue. Since the concept plan was approved, DNR staff approached the City regarding potential funding for improvement of the existing boat launch and trailer parking facilities at this location in the 2011-2012 State budget biennium. City staff discussed the issue with DNR staff again in recent weeks. DNR staff said that because of the current State budget deficit issue there is no ability to formally commit funding for the project at this time. However, DNR staff said that the improvement of access to the Mississippi River at this location remains a priority. DNR staff suggested that the likelihood of obtaining funding either at the end of a budget year or in the next biennium would be increased if the project were "shovel ready". Taking the project from concept plan to shovel ready would involve preparation of plans and specifications for the boat launch, off-street parking areas and improvements to Kadler Avenue. Preparation of plans and specifications would also allow for a more accurate estimate of construction costs that would be used to further discuss funding from the DNR. The Parks and Recreation Commission also recommended completing a tree inventory and undertaking maintenance of the trees on the site to protect the larger trees. The City Engineer has provided a quote to complete the plans and specifications for the boat launch, off-street parking areas, Kadler Avenue improvements and tree inventory at Norin Landing for a cost not to exceed $8,400. This project would be paid for from community facilities funds. Darkenwald Landing. The City received a donation of a 9.96 acre parcel adjacent to the Mississippi River at the northeast corner of TH 101 and CSAH 42 as part of the TH 101 project. As part of the agreement with D&Y Family Limited Partnership regarding the TH 101 project, this parcel will be retained permanently by the City in satisfaction of park and trail dedication requirements for the future commercial parcel at the southwest corner of TH 101 and CSAH 42. The parcel is currently vacant. There is a trunk sanitary sewer pipe within the parcel as well as a driveway easement for access to the single family home to the north. The Future Park and Trail Plan anticipates development of a landing park on this parcel. City staff is recommending that the Parks and Recreation Commission consider proceeding with concept plan approval for this landing park based on the visibility and accessibility of the site from TH 101. SRF has provided a work plan to prepare two or three preliminary alternative layouts for the parcel including trails, picnic areas, boat launch/dock and off-street parking. The preliminary layouts would be finalized into a concept plan and preliminary construction cost estimate. The fee for SRF to work with the Parks and 2 Recreation Commission to develop the concept plan is a cost not to exceed $3,500.00. This project would be paid for from community facilities funds. School Knoll Park. The Park and Recreation Commission requested the addition of benches at School Knoll Park at locations where the play equipment would be visible. City staff has reviewed the site plan and recommends relocation of two existing benches. Two additional benches could be added if desired at a cost of $900 per bench plus concrete materials and Public Works labor. These possible modifications are shown on the attached site plan. The Parks and Recreation Commission recommended that these improvements be paid for from the budgeted discretionary funds for park improvements. City staff has also suggested that portions of the improvement may be able to be combined with the pending Safe Routes to School project. Trail from Randoph Avenue to Queens Avenue. The Riverpointe and River place neighborhoods are isolated from the balance of the park and trail system. There will eventually be sidewalks and/or trails to provide a connection between existing trails along Randolph Avenue and Queens Avenue. The Parks and Recreation Commission has discussed attempting to acquire an easement for a temporary trail across two parcels to the north of Riverpointe and the East Waste Water Treatment facility. The acquisition of the easement is a more critical (and likely difficult) issue for this trail segment. City staff suggested that a subcommittee of the Parks and Recreation Commission and/or City Council approach the landowners as an initial step. Otsego Elementary Ball Fields. City staff had suggested further discussions with ISD 728 as to a joint use agreement that would provide for improvement of playfields at Otsego Elementary. However, a basic service agreement for the Community Education program is considered a priority to establish a basis for field usage as well as possible scheduling. The Parks and Recreation Commission recommends that discussion regarding improvements to the ball fields be started as soon as a services agreement with Community Education has been completed. CONCLUSION The recommendation of the Parks and Recreation Commission regarding possible park projects is to be considered by the City Council at their meeting on 26 April 2010 at 7:00 PM. City staff is seeking approval to move forward with specific projects in the priority determined by the Parks and Recreation Commission. C. Mike Robertson, City Administrator Tami Loff, City Clerk Brad Belair, Public Works Supervisor Sandy Lindenfelser, Special Licensing Ron Wagner, City Engineer Ken Grieshaber, SRF 3 COMPOSITE CONCEPT PICNIC AREA- / LAWN AREA-� / 1 WOODLAND BUFFER CAR PARKING / 1 ~ / (10 STALLS) BITUMINOUS TRAIL CONNECTION EXISTING STORM I POND k•A. tl . L. E -R A-Y•I;•N -0 AE EXISTING DRAINAGE SWALE NORTH- D NORIN LANDING CITY OF OTSEGO / BITUMINOUS TRAIL RIVEROVERLOOK NATIVE VEGETATION RESTORATION AREA PICNIC SHELTER OVERLOOK :1310 -RETENTION AREA BOAT LANDING &z BOARDING DOCK TRAILER PARKING Revised June 1, 2009 Project #5521-0150 tp 1y x? v. ag S a 'Ns MM JA NXN It ak •' 1 •s'r"��' e•'T �. 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