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01-11-10 CCCLAIMS LIST CITY COUNCIL MEETING JANUARY 11, 2010 TO: Tami Loff ITEM 5_7 Attached is the Claims List for the City Council. For more details, please refer to the check detail registers. CLAIMS REGISTER 12-16-2009 $ 147,195.05 1,525.00 Check #48047 - 48056 Check #48057 12-16-2009 12-30-2009 $ $ 114,995.48 Check #48058 — 48143 12-30-2009 $ 6,982.79 Check #48144 • Check #48062 & 48063 have been voided due to printing error. PAYROLL 12-16-2009 $ 35,637.00 12-30-2009 $ 38,867.30 ELECTRONIC PYMTS FOR DEC: Qwest Centerpoint Energy Dept. of Revenue -Fuel Tax Dept. of Revenue -Fuel Tax Dept. of Revenue -Sales Tax Elk River Utilities Wright -Hennepin Delta Dental Total $ 104.92 $ 2,089.87 $ 62.06 (Nov) $ 63.69 (Dec) $ 0.00 $ 1,954.08 $ 12,059.10 $ 1 235.84 $ 17,569.56 GRAND TOTAL $ 362,772.18 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 12/16109 9:26 AM Page 1 *Check Summary Register© DECEMBER 2009 Name Check Date Check Amt 10100 BANK OF ELK RIVER 2/12/09 CH DTD 12/16/09 Paid Chk# 048047 ALLIANCE BENEFIT GROUP 12/16/2009 Paid Chk# 048048 DENNIS FEHN GRAVEL & EXCAV 12/16/2009 Paid Chk# 048049 DENNYS RESTAURANT 12/16/2009 Paid Chk# 048050 ENVENTIS 12/16/2009 Paid Chk# 048051 HARDRIVES INC 12/16/2009 Paid Chk# 048052 ICMA RETIREMENT TRUST 12/16/2009 Paid Chk# 048053 NORTH VALLEY, INC. 12/16/2009 Paid Chk# 048054 PUBLIC EMPLOYEES RETIREME 12/16/2009 Paid Chk# 048055 ROCKWOODS RESTAURANT 12/16/2009 Paid Chk# 048056 TERRA GENERAL CONTRACTOR 12/16/2009 Total Checks FILTER: None $926.89 PPE 1 $27,794.37 SMITH POND GRADING $300.00 GIFT CARDS $611.06 TELEPHONE $35,391.42 75TH ST IMPROVEMENTS $1,186.00 PLAN #304185 $74,290.69 MISS COVES -1ST/2ND WEAR COUR $3,994.62 #677600 PPE 12/12/09 $700.00 GIFT CARDS $2,000.00 SECURITY/LOC REDUCTION $147,195.05 CITY OF OTSEGO 12/16/09 9:27 AM Page 1 *Check Detail Register© DECEMBER 2009 Check Amt Invoice Comment 10100 BANK OF ELK RIVER #677600 PPE 12/12/09 Paid Chk# 048047 12/16/2009 ALLIANCE BENEFIT GROUP #677600 PPE 12/12/09 $38.43 PPE 12112/09 CH DTD 12/16/09 E 101-41600-123 Health $64.05 PPE 12/12/09 CH DTD 12/16/09 E 101-43100-123 Health $ PPE 12/12/09 CH DTD 12/16/09 G 101-21706 Hospitalization/Medical Ins $12.81 $12'81 PPE 12/12/09 CH DTD 12/16/09 E 250-42410-123 Health $25.62 PPE 12112!09 CH DTD 12/16/09 E 101-41400-123 Health Total ALLIANCE BENEFIT GROUP $926.89 Paid Chk# 048048 12/16/2009 DENNIS FERN GRAVEL & EXCAVAT G 701-21938 TMH Development $27,794.37 FINAL PAY SMITH POND GRADING Total DENNIS FEHN GRAVEL & EXCAVAT $27,794.37 Paid Chk# 048049 12/16/2009 DENNYS RESTAURANT E 101-41100-801 CONTINGENCY $300.00 GIFT CARDS Total DENNYS RESTAURANT $300.00 $305.53 TELEPHONE E 250-42410-320 Telephone $152.76 TELEPHONE E 101-43100-320 Telephone $152.77 TELEPHONE E 101-41400-320 Telephone Total ENVENTIS $611.06 aunKff v'+ovai � •,� - - E403-43100-530 Improvements Other Than Bldgs $35,391.42 FINAL PAY 75TH ST IMPROVEMENTS Total HARDRIVES INC $35,391.42 E 101-41400-121 PERA $212.22 PPE 12/12/09 PLAN #304185 G 101-21705 Other Retirement $973.78 PPE 12/12/09 PLAN #304185 Total ICMA RETIREMENT TRUST $1,186.00 Paid Chk# 04SOb3 lZilulzuutp $74,290.69 FINAL PAY MISS COVES -1ST/2ND WEAR COURSE G 701-22392 MISSISSIPPI COVE 1 & 2 Total NORTH VALLEY, INC. $74,290.69 P -y aik Chk# 048054 12/16/2009 PUBLIC EMPLOYEES RETIREMENT FD y1y09 G 101-21704 PERA E 101-41400-121 PERA E 101-43100-121 PERA E 250-42410-121 PERA E 601-49400-121 PERA E 602-49450-121 PERA E 101-41600-121 PERA �ital PUBLIC EMPLOYEES RETIREMENT FD $1,879.82 #677600 PPE 1 $228.05 #677600 PPE 12/12/09 $1,016.81 #677600 PPE 12/12/09 $339.93 #677600 PPE 12112/09 $38.99 #677600 PPE 12/12/09 $38.98 #677600 PPE 12/12/09 $452.04 #677600 PPE 12112/09 $3,994.62 E 101-41100-801 CONTINGENCY $700.00 GIFT CARDS Total ROCKWOODS RESTAURANT $700.00 LLC G 701-21887 OTSEGO AUTOCARE $2,000.00 lal TERRA GENERAL CONTRACTORS, LLC $2,000.00 101100 BANK OF ELK RIVER $147.195-05 SECURITY/LOC REDUCTION CITY OF OTSEGO 12/16/09 9:27 AM Page 2 *Check Detail Register© DECEMBER 2009 Check Amt Invoice Comment Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND 250 Comm. Dev. & Bldg Safety 403 COLLECTOR RDS (FORMERLY MSA) 601 WATER FUND 602 SEWER FUND 701 DEVELOPMENT ESCROWS FUND $6,982.33 $658.27 $35,391.42 $38.99 $38.98 $104,085.06 $147,195.05 CITY OF OTSEGO 12/16/09 10:51 AM Page 1 *Check Summary Register© DECEMBER 2009 Name Check Date Check Amt 10100 BANK OF ELK RIVER Paid Chk# 048057 TARGET STORES 12/16/2009 $1,525.00 GIFT CARDS Total Checks $1,525.00 FILTER: None CITY OF OTSEGO 12/16/09 10:52 AM Page 1 *Check Detail Register© DECEMBER 2009 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Paid 05 Chk# 0487 12/16/2009 TARGET STORES E 101-41100-801 CONTINGENCY $1,525.00 GIFT CARDS Total TARGET STORES $1,525.00 Fund Summary 101 GENERAL FUND 10100 BANK OF ELK RIVER $1,525.00 10100 BANK OF ELK RIVER $1,525.00 $1,525.00 CITY OF OTSEGO 12/30/09 1:22 PM Page 1 *Check Summary Register© DECEMBER 2009 Name Check Date Check Amt 10100 BANK OF ELK RIVER Paid Chk# 048058 INTERNAL REVENUE SERVICE 12/17/2009 $706.25 REF JAY BROS - PRESS CNTL STAT Paid Chk# 048059 RICOH AMERICAS CORPORATIO 12/23/2009 $298.35 WIDE FORMAT PRINTER Paid Chk# 048060 VERIZON WIRELESS 12/23/2009 $93.98 LAP TOP SERVICE Paid Chk# 048061 RICOH AMERICAS CORPORATIO 12/23/2009 $379.43 RICOH COPIER LEASE Paid Chk# 048064 PITNEY BOWES 12/23/2009 $588.00 PSTG MTR/LETTER OPENER Paid Chk# 048065 XCEL ENERGY 12/23/2009 $2,576.21 16935 56TH CT NE Paid Chk# 048066 XCEL ENERGY 12/23/2009 $2,036.96 5740 RANDOLPH - WELL #8 Paid Chk# 048067 HSBC BUSINESS SOLUTIONS 12/28/2009 $150.97 HOSE CART DOLLY Paid Chk# 048068 NEXTEL COMMUNICATIONS 12/28/2009 $361.29 CELL PHONES Paid Chk# 048069 GRAINGER 12/28/2009 $168.43 FLAGS, FIRST AID KITS Paid Chk# 048070 AARON STRITESKY 12/30/2009 $60.00 2009 PLANNING COMM MTGS (3) Paid Chk# 048071 AKER DOORS, INC. 12/30/2009 $941.32 GARAGE DOOR FOR EAST WWTF Paid Chk# 048072 ALLIANCE BENEFIT GROUP 12/30/2009 $785.32 PPE 12/26/09 CH DTD 12/30/09 Paid Chk# 048073 BEAUDRY OIL & SERVICES INC. 12/30/2009 $10,420.07 GAS & OIL Paid Chk# 048074 BERTELSON 12/30/2009 $118.88 OFFICE SUPPLIES Paid Chk# 048075 BEVERLY KUMAR 12/30/2009 $70.00 2009 PARK & REC MTGS (7) Paid Chk# 048076 BLACK PAM 12/30/2009 $120.00 2009 PLANNING COMM MTGS (6) Paid Chk# 048077 BLACK RON 12/30/2009 $70.00 2009 HERITAGE COMM MTGS (7) Paid Chk# 048078 BOYER TRUCKS 12/30/2009 $255.23 95 INTL REPAIR Paid Chk# 048079 BRAD SHERRILL 12/30/2009 $42.35 MILEAGE TO AKER DOORS Paid Chk# 048080 BRIAN GERTEN 12/30/2009 $20.00 2009 PLANNING COMM MTG (1) Paid Chk# 048081 CASSADY ROSE 12/30/2009 $110.00 2009 PARK & REC MTGS (10) Paid Chk# 048082 CASSADY ROSE 12/30/2009 $76.85 SANTA DAY SUPPLIES Paid Chk# 048083 CHRIS WILSON 12/30/2009 $50.00 2009 HERITAGE COMM MTGS (5) Paid Chk# 048084 CITY OF MONTICELLO 12/30/2009 $721.41 NOV ANIMAL CONTROL 7551 LANCASTER -WEST WWTF Paid Chk# 048085 CITY OF OTSEGO 12/30/2009 $513.47 Paid Chk# 048086 CITY OF OTSEGO 12/30/2009 $864.74 $80.00 GRC - OUTLOT I 2009 PLANNING COMM MTGS (4) Paid Chk# 048087 DAVID THOMPSON 12/30/2009 $90.00 2009 POLICE COMM MTGS (9) Paid Chk# 048088 DENISE ANDRUSKO 12/30/2009 12/30/2009 $40.00 2009 PLANNING COMM MTGS (2) Paid Chk# 048089 DOUG HACKMAN 12/30/2009 $40.00 2009 PARK & REC MTGS (4) Paid Chk# 048090 Paid Chk# 048091 DUANE LAUSENG ECM PUBLISHERS INC 12/30/2009 $75.00 LEGAL - PUBLIC HEARING Paid Chk# 048092 ELK RIVER WINLECTRIC CO. 12/30/2009 $659.58 REPLACEMENT BULBS Paid Chk# 048093 H & L MESABI 12/30/2009 $2,292.27 BLADES, CURB BUMPER Paid Chk# 048094 HD SUPPLY WATERWORKS, LT 12/30/2009 $11.68 NIPPLE FOR CURB BOX REPAIR Paid Chk# 048095 HELGESON MAILING SERVICE L 12/30/2009 $1,372.27 DEC/JAN NEWSLETTER Paid Chk# 048096 ICMA RETIREMENT TRUST 12/30/2009 $1,186.00 PLAN #304185 CONFERENCE ROOM RENO PLAN Paid Chk# 048097 J.B. ANDERSONS 12/30/2009 $300.00 $100.00 2009 POLICE COMM MTGS (10) Paid Chk# 048098 JANE M THEISEN 12/30/2009 12/30/2009 $40.00 2009 POLICE COMM MTGS (4) Paid Chk# 048099 JEFF STIMAC 12/30/2009 $17.56 DRY CLEANING - SANTA SUIT Paid Chk# 048100 JESSICA STOCKAMP 12/30/2009 $20.00 2009 PLANNING COMM MTG (1) Paid Chk# 048101 JIM KOLLES 12/30/2009 $40.00 2009 HERITAGE COMM MTGS (4) Paid Chk# 048102 Paid Chk# 048103 JOAN VASSEUR JOEL TORKELSON 12/30/2009 $100.00 2009 POLICE COMM MTGS (10) Paid Chk# 048104 JOHN HINNENKAMP 12/30/2009 $70.00 2009 POLICE COMM MTGS (7) Paid Chk# 048105 JOHN THELEN 12/30/2009 $100.00 2009 PLANNING COMM MTGS (5) Paid Chk# 048106 JOHNS AUTO ELECTRIC 12/30/2009 $261.84 ALTERNATOR REBUILD Paid Chk# 048107 KATHY ROBERTS 12/30/2009 $120.00 2009 PARK & REC MTGS (12) Paid Chk# 048108 KOLLES TRUCKING LLC 12/30/2009 $420.00 DELIVERY - CLASS 5 GRAVEL Paid Chk# 048109 KRISTA BEAN 12/30/2009 $120.00 2009 PARK & REC MTGS (11) Paid Chk# 048110 LINDA LEWIS 12/30/2009 $90.00 2009 POLICE COMM MTGS (9) Paid Chk# 048111 LITTLE FALLS MACHINE 12/30/2009 $913.83 HUB, AUGER MOTOR Paid Chk# 048112 MENARDS 12/30/2009 $4.03 AIR DEFLECTORS Paid Chk# 048113 METRO WEST INSPECTION SVC 12/30/2009 $6,207.50 BLDG INSP SVCS Paid Chk# 048114 MICHAEL R BRUMM 12/30/2009 $130.00 2009 PARK & REC MTGS (12) Paid Chk# 048115 NEWMAN TRAFFIC SIGNS 12/30/2009 $287.58 SIGN MAIL CITY OF OTSEGO 12/30/09 1:22 PM Page 2 *Check Summary Register© DECEMBER 2009 Total Checks $114,995.48 FILTER: None Name Check Date Check Amt Paid Chk# 048116 NICHOLS JOAN OR RICHARD 12/30/2009 $60.00 2009 PLANNING COMM MTGS (3) Paid Chk# 048117 NORM FRESKE 12/30/2009 $10.00 2009 HERITAGE COMM MTG (1) Paid Chk# 048118 NORTH AMERICAN SALT COMP 12/30/2009 $18,997.31 SALT/SAND WAREHIME NAME PLATE Paid Chk# 048119 NORTH STAR AWARDS CARE MEDICAL CENTERS 12/30/2009 12/30/2009 $7.48 $344.00 JASON HEP VAC - RICK, BRENT, KEVIN, Paid Chk# 048120 Paid Chk# 048121 NOW OFFICEMAX 12/30/2009 $106.57 OFFICE SUPPLIES Paid Chk# 048122 PAUL FIELDS 12/30/2009 $100.00 2009 POLICE COMM MTGS (10) Paid Chk# 048123 PEOPLE SERVICE INC. 12/30/2009 $44,435.00 MONTHLY SERVICE Paid Chk# 048124 PETER TORRESANI 12/30/2009 $140.00 2009 PARK & REC MTGS (13) Paid Chk# 048125 PUBLIC EMPLOYEES RETIREME 12/30/2009 $4,050.20 #677600 PPE 12/26/09 Paid Chk# 048126 PURCHASE POWER 12/30/2009 $768.99 POSTAGE Paid Chk# 048127 QWEST 12/30/2009 $151.88 PW PHONE SERVICE Paid Chk# 048128 RANDY'S SANITATION 12/30/2009 $213.87 8899 NASHUA AVE Paid Chk# 048129 ROBERT VANDENBERG 12/30/2009 $70.00 2009 POLICE COMM MTGS (7) Paid Chk# 048130 SCOTT OLMSTEAD BUILDERS IN 12/30/2009 $46.29 UTILITY REFUND - 7340 LANDER Paid Chk# 048131 SHIRLEY ISAACSON 12/30/2009 $20.00 2009 HERITAGE COMM MTGS (2) Paid Chk# 048132 SUSAN KREKELBERG 12/30/2009 $130.00 2009 PARK & REC MTGS (12) 2009 PLANNING COMM MTGS (5) Paid Chk# 048133 TAMARA FALLON 12/30/2009 12/30/2009 $100.00 $165.34 COFFEE, HOLIDAY SUPPLIES Paid Chk# 048134 Paid Chk# 048135 TARGET STORES TOSHIBA AMERICA BUSINESS S 12/30/2009 $55.49 PW TOSHIBA COPIER Paid Chk# 048136 TOWN & COUNTRY LANDSCAPI 12/30/2009 $641.25 RESIDENTIAL MOWING - TO BE ASS Paid Chk# 048137 WILD WOOD SLEIGH & CARRIA 12/30/2009 $475.00 SANTA DAY SLEIGH RIDES Paid Chk# 048138 WINTER EQUIPMENT CO. INC. 12/30/2009 $545.59 CURB RUNNER/GUARD JOHNSON/LEHTOLA AMENDED ADMIN Paid Chk# 048139 WRIGHT COUNTY RECORDER 12/30/2009 $46.00 $823.20 GUTTER/DOWNSPOUTS - EAST WWTF Paid Chk# 048140 WRIGHT-WAY SEAMLESS INC. 12/30/2009 $1,164.78 FALL MAINT & REPAIR @ WEST WWT Paid Chk# 048141 YALE MECHANICAL 12/30/2009 12/30/2009 $516.53 KEYS, HOSE REPLACEMENTS Paid Chk# 048142 ZAHL-PETROLEUM MAINT CO. 12/30/2009 $3,022.06 CAT LOADER REPAIR Paid Chk# 048143 ZIEGLER INC Total Checks $114,995.48 FILTER: None CITY OF OTSEGO 12/30/09 1:08 PM Page 1 *Check Detail Register© DECEMBER 2009 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Paid Chk# 048058 12/17/2009 INTERNAL REVENUE SERVICE E 444-49400-500 Capital Outlay (GENERAL) $706.25 REF JAY BROS - PRESS CNTL STATION Total INTERNAL REVENUE SERVICE $706.25 Paid Chk# 048059 12/23/2009 RICOH AMERICAS CORPORATION E 250-42410-410 Rentals (GENERAL) $298.35 10906057 WIDE FORMAT PRINTER Total RICOH AMERICAS CORPORATION $298.35 Paid Chk# 048060 12/23/2009 VERIZON WIRELESS E 250-42410-320 Telephone $93.98 2325185271 LAP TOP SERVICE Total VERIZON WIRELESS $93.98 Paid Chk# 048061 12/23/2009 RICOH AMERICAS CORPORATION E fol -41400-413 Office Equipment Rental $379.43 10906056 RICOH COPIER LEASE Total RICOH AMERICAS CORPORATION $379.43 Paid Chk# 048064 12123/2009 PITNEY BOWES E 101-41400-413 Office Equipment Rental $588.00 4705027-DC09 PSTG MTR/LETTER OPENER Total PITNEY BOWES $588.00 Paid Chk# 048065 12/23/2009 XCEL ENERGY E 602-49450-322 Utilities $103.88 1693556TH CT NE 5750 RANDOLPH - WELL #3 E 601-49400-322 Utilities ($751.35) 17388 52ND ST E 602-49450-322 Utilities $51.18 $3,172.50 5850 RANDOLPH AVE E 602-49450-322 Utilities Total XCEL ENERGY $2,576.21 Paid Chk# 048066 12/23/2009 XCEL ENERGY $1,593.18 5740 RANDOLPH - WELL #8 E 601-49400-322 Utilities $19.09 16499 53RD - CR 36/101 E 101-43160-322 Utilities $26.85 16501 53RD - ST LIGHT E 101-43160-322 Utilities $180.61 16575 61ST ST E 601-49400-322 Utilities $217.23 RIVERPOINTE LIGHTS E 101-43160-322 Utilities Total XCEL ENERGY $2,036.96 Paid Chk# 048067 12/28/2009 NORTHERN TOOL & EQUIPMENT CO E 101-43100-220 Repair/Maint Supply (GENERAL) $16.08 191315739 HOSE CART DOLLY JACK STANDS FOR TANK REMOVAL E 101-43100-240 Small Tools/Equipment $134.89 193023460 Total NORTHERN TOOL & EQUIPMENT CO $150.97 Paid Chk# 048068 12/28/2009 NEXTEL COMMUNICATIONS E 250-42410-320 Telephone $135.34 184430382-02 CELL PHONES E 101-43100-320 Telephone $225.95 184430382-02 CELL PHONES Total NEXTEL COMMUNICATIONS $361.29 Paid Chk# 048069 12/28/2009 GRAINGER E 101-43100-227 Safety supplies $168.43 9136611317 FLAGS, FIRST AID KITS Total GRAINGER $168.43 Paid Chk# 048070 12/30/2009 AARON STRITESKY E 101-41530-101 Full -Time Employees Regular $60.00 2009 PLANNING COMM MTGS (3) Total AARON STRITESKY $60.00 PairChk# 048071 12/30/2009 AKER DOORS, INC. E 602-49450-402 Repairs/Maint Buildingss $941.32 68503 GARAGE DOOR FOR EAST WW TF Total AKER DOORS, INC. $941.32 CITY OF OTSEGO *Check Detail Register© DECEMBER 2009 Check Amt Inv d Chk# 048072 12/30/2009 ALLIANCE BENEFIT GROUP G 101-21706 Hospitalization/Medical Ins $785.32 Total ALLIANCE BENEFIT GROUP $785.32 d Chk# 048073 12/30/2009 BEAUDRY OIL & SERVICES INC. E 101-43100-202 Gas & Oil $5,904.20 749676 E 101-43100-202 Gas & Oil $4,515.87 749677 Total BEAUDRY OIL & SERVICES INC. $10,420.07 12/30/091:08 PM Page 2 GAS & OIL GAS & OIL T Chk# 048074 12/30/2009 BERTELSON $118.88 WO -593477-1 OFFICE SUPPLIES E 101-41400-201 Office Supplies and Expenses Total BERTELSON $118.88 ;'Chk# 048075 12/30/2009 BEVERLY KUMAR 2009 PARK & REC MTGS (7) E 101-45250-100 Wages and Salaries (GENERAL) $7_ 0.00 Total BEVERLY KUMAR $70.00 id Chk# 048076 12/30/2009 BLACK PAM 2009 PLANNING COMM MTGS (6) ular E 101-41530-101 . Full -Time EmTooY sal BLACK $120.00 PAM $120.00 id Chk# 048077 12130/2009 BLACK RON 2009 HERITAGE COMM MTGS (7) E 101-45300-101 Full -Time Employees Regular $70.00 Total BLACK RON $70.00 aid Chk# 048078 12/30/2009 BOYER TRUCKS $25 447581 951NTL REPAIR E 101-43100-390 Contracted Services Total BOYER TRUCKS $255.23 aid Chk# 048079 12/30/2009 BRAD SHERRILL MILEAGE TO AKER DOORS E 602-49450-321 Mileage/Travel $42.35 Total BRAD SHERRILL $42.35 aid Chk# 048080 12/30/2009 BRIAN GERTEN 2009 PLANNING COMM MTG (1) E 101-41530-101 Full -Time Employees Regular $20.00 Total BRIAN GERTEN $20.00 'aid Chk# 048081 12/3012009 CASSADY ROSE 2009 PARK & REC MTGS (10) E 101-45250-100 Wages and Salaries (GENERAL) $100.00 MAY 2008 PARK & REC MTG E 101-45250-100 Wages and Salaries (GENERAL) $10.00 Total CASSADY ROSE $110.00 'aid Chk# 048082 12130/2009 CASSADY ROSE SANTA DAY SUPPLIES E 101-45250-440 Recreation Programming $76.85 Total CASSADY ROSE $76.85 Paid Chk# 048083 12130/2009 CHRIS WILSON 2009 HERITAGE COMM MTGS (5) E 101-45300-101 Full -Time Em ees; Regular yCHRIS $50.00 Total WILSON $50.00 Paid Chk# 048084 12/30/2009 CITY OF MONTICELLO NOV ANIMAL CONTROL E 101-42710-390 Contracted Services $721.41 6214 Total CITY OF MONTICELLO $721.41 Paid Chk# 048085 12130/2009 CITY OF OTSEGO 64,80 MASON - IRRIG E 101-45200-322 Utilities $3.37 $3.21 15501 83RD -IRRIG E 101-45200-322 Utilities $3.21 10400 71ST - IRRIG E 101-45200-322 Utilities $448.23 7551 LANCASTER -WEST WWTF E 602-49450-322 Utilities CITY OF OTSEGO *Check Detail Register© DECEMBER 2009 Check Amt Invoice Commei E 602-49450-322 Utilities $ E 602-49450-322 Utilities $55.25.99 E 101-45200-322 Utilities $3.21 E 602-49450-322 Utilities $3'29 E 602-49450-322 Utilities $36.71 T tal CITY OF OTSEGO $513.47 7551 LANCASTER -WEST WWTF 7551 LANCASTER -WEST WWTF 11313 77TH - IRRIG 7551 LANCASTER -WEST WWTF 5850 RANDOLPH - EAST WWTF 0 Paid Chk# 048086 12/30/2009 CITY OF OTSEGO G 701-22465 GREAT RIVER CTR $540.40 31580-00 DEC GRC - OUTLOT I G 701-22465 GREAT RIVER CTR $324.34 31590-00 DEC GRC - 2ND Total CITY OF OTSEGO $864.74 vasa unmF u,+ovo, - - E 101-41530-101 Full -Time Employees Regular $80.00 2009 PLANNING COMM MTGS (4) Total DAVID THOMPSON $80.00 Paid Chk# 048088 12/30/2009 DENISE ANDRUSKO 2009 POLICE COMM MTGS (9) E 101-42150-101 Full -Time Employees Regular $90.00 Total DENISE ANDRUSKO $90.00 a GnKFF V4ovoa 2009 PLANNING COMM MTGS (2 E 101-41530-101 Full -Time Employees Regular $40.00 Total DOUG HACKMAN $40.00 3 GnK?F V40VVU 2009 PARK & REC MTGS (4) E 101-45250-100 Wages and Salaries (GENERAL) $40.00 Total DUANE LAUSENG $40.00 d unmf V4ovu 1 1uw1e..... .--.... --- - E 101-41400-350 Print/Binding (GENERAL) $75.00 306720 LEGAL - PUBLIC HEARING Total ECM PUBLISHERS INC $75.00 CO. E 101-43100-402 Repairs/Maint Buildingss $378.90 149446-00 REPLACEMENT BULB E 101-43100-402 Repairs/Maint Buildingss $174.06 149446-01 REPLACEMENT BULBS E 101-43100-402 Repairs/Maint Buildingss $106.62 149446-03 REPLACEMENT BULBS Total ELK RIVER WINLECTRIC CO. $659.58 1 Chk# 048093 12/30/2009 H & L MESAbl E 101-43100-210 Operating Supplies (GENERAL) $2,292.27 H79010 BLADES, CURB BUMPER Total H & L MESABI $2,292.27 7 Chk# 048094 103-0/2009 HD SUPPLY WATERWORKS, LTD E 601-49400-220 Repair/Maint Supply (GENERAL) $11.68 9881160 NIPPLE FOR CURB BOX REPAIR Total HD SUPPLY WATERWORKS, LTD $11.68 12/30/09 1:08 PM Page 3 raw t.nn+r VIV .. , - -- ---- - $1,372.27 3687 DEC/JAN NEWSLETTER E 101-41400-347 Newsletter Total HELGESON MAILING SERVICE LLC $1,372.27 Paid Chk# 048096 12/30/2009 ICMA RETIREMENT TRUST E 101-41400-121 PERA $212.22 PPE 12/26/09 PLAN #304185 G 101-21705 Other Retirement $973.78 PPE 12/26/09 PLAN #304185 Total ICMA RETIREMENT TRUST $1,186.00 Paid Chk# 048097 12/30/2009 J.B. ANDERSONS RENO PLAN E 441-41940-525 Building Improvements $300.00 507908 CONFERENCE ROOM Total J.B. ANDERSONS $300.00 CITY OF OTSEGO 12/30/09 1:08 PM Page 4 *Check Detail Register© DECEMBER 2009 Amt E 10142150-101 Full -Time Employees Regular $100.00 2009 POLICE COMM MTGS (10 Total JANE M THEISEN $100.00 2009 POLICE COMM MTGS (4) Paid Chk# 048099 12/30/2009 JEFF STIMAC E 101-42150-101 Full -Time Employees Regular $40.00 Total JEFF STIMAC $40.00 DRY CLEANING - SANTA SUIT Paid Chk# 048100 12/30/2009 JESSICA STOCKAMP E 101-45250-440 Recreation Programming $17.56 Total JESSICA STOCKAMP $17.56 12/30/2009 JIM KOLLES 2009 PLANNING COMM MTG (1) Paid Chk# 048101 E 101-41530-101 Full -Time Employees Regular $20.00 Total JIM KOLLES $20.00 2009 HERITAGE COMM MTGS (4) Pali Chk# 048102 12/30/2009 JOAN VASSEUR E 101-45300-101 Full -Time Employees Regular $40.00 Total JOAN VASSEUR $40.00 2009 POLICE COMM MTGS (10) Paid Chk# 048103 12/30/2009 JOEL TORKELSON E 101-42150-101 Full -Time Employees Regular $100.00 Total JOEL TORKELSON $100.00 2009 POLICE COMM MTGS (7) Paid Chk# 048104 12/30/2009 1 11111JOHN HINNENKAMP E 101-42150-101 Full -Time Employees Regular $70.00 Total JOHN HINNENKAMP $70.00 2009 PLANNING COMM MTGS (5) Paid Chk# 048105 12/30/2009 JOHN THELEN E 10141530-101 Full -Time Employees Regular $100.00 Total JOHN THELEN $100.00 ALTERNATOR REBUILD Paid Chk# 048106 12/30/2009 JOHNS AUTO ELECTRIC E10143100-400 Repairs & Maint Cont $261.84 Total JOHNS AUTO ELECTRIC $261.84 Paid Chk# 048107 12/30/2009 KATHY ROBERTS 2009 PARK &REC MTGS (12) E 101-45250-100 Wages and Salaries (GENERAL) $120.00 Total KATHY ROBERTS $120.00 Paid Chk# 048108 12/30/2009 KOLLES TRUCKING LLC DELIVERY - CLASS 5 GRAVEL E 101-43100-370 Sand andGravel $157.50 DELIVERY -CLASS 5 GRAVEL G 701-22392 MISSISSIPPI COVE 1 & 2 $262.50 Total KOLLES TRUCKING LLC $420.00 Paid Chk# 048109 2009 PARK & REC MTGS (11) 12/30/2009 KRISTA BEAN E 101-45250-100 Wages and Salaries (GENERAL) $110.00 MAY 2008 PARK & REC MTG E 101-45250-100 Wages and Salaries (GENERAL) $10.00 Total KRISTA BEAN $120.00 Paid Chk# 048110 2009 POLICE COMM MTGS (9) 12/30/2009 LINDA LEWIS E 101-42150-101 Full -Time Employees Regular $90.00 . Total LINDA LEWIS $90.00 if-Chk# 048111 12/30/LuOaLII ILC r/��a me+v.•.- E 101-43100-220 Repair/Maint Supply (GENERAL) $820.69 43260 HUB, AUGER MOTOR E 101-43100-220 Repair/Maint Supply (GENERAL) $93.14 43260 AUGER SEAL KIT Total LITTLE FALLS MACHINE $913.83 CITY OF OTSEGO 12/30/09 1:08 PM Page 5 *Check Detail Register© DECEMBER 2009 Chemo E 101-41940-220 Repair/Maint Supply (GENERAL) $4.03 21704 AIR DEFLECTORS Total MENARDS $4.03 Paid Chk# 048113 12/30/2009 METRO WEST INSPECTION SVC INC. E 250-42410-390 Contracted Services $6,207.50 BLDG INSP SVCS Total METRO WEST INSPECTION SVC INC. $6,207.50 Paid Chk# 048114 12/30/2009 MICHAEL R BRUMM E 101-45250-100 Wages and Salaries (GENERAL) $120.00 2009 PARK & REC MTGS (12) E 101-45250-100 Wages and Salaries (GENERAL) $10.00 MAY 2008 PARK & REC MTG Total MICHAEL R BRUMM $130.00 Paid Chk# 048115 12/30/2009 NEWMAN TRAFFIC SIGNS E 101-43100-393 Sign material purchased $287.58 TI -0216358 SIGN MAT'L Total NEWMAN TRAFFIC SIGNS $287.58 Paid Chk# 048116 12/30/2009 NICHOLS JOAN OR RICHARD E 101-41530-101 Full -Time Employees Regular $60.00 2009 PLANNING COMM MTGS (3) Total NICHOLS JOAN OR RICHARD $60.00 Paid Chk# 048117 12/30/2009 NORM FRESKE E 101-45300-101 Full -Time Employees Regular $10.00 2009 HERITAGE COMM MTG (1) Total NORM FRESKE $10.00 Paid Chk# 048118 12/30/2009 NORTH AMERICAN SALT COMPANY E101-43100-372 Salt & Sand $10,445.75 70446992 SALT/SAND E101-43100-372 Salt & Sand $6,841.12 70448142 SALT/SAND E 101-43100-372 Salt & Sand $1,710.44 70449225 SALT/SAND Total NORTH AMERICAN SALT COMPANY $18,997.31 Paid Chk# 048119 12/30/2009 NORTH STAR AWARDS E 101-42150-310 Miscellaneous $7.48 1874 JASON WAREHIME NAME PLATE Total NORTH STAR AWARDS $7.48 Paid Chk# 048120 12/30/2009 NOW CARE MEDICAL CENTERS E 101-43100-310 Miscellaneous $344.00 HEP VAC - RICK, BRENT, KEVIN, STEVE Total NOW CARE MEDICAL CENTERS $344.00 Paid Chk# 048121 12/30/2009 OFFICEMAX E 101-41400-201 Office Supplies and Expenses $43.42 473501 OFFICE SUPPLIES E 101-41600-201 Office Supplies and Expenses $12.80 473501 OFFICE SUPPLIES E 250-42410-201 Office Supplies and Expenses $16.02 473501 OFFICE SUPPLIES E 101-41400-201 Office Supplies and Expenses $2.74 473802 OFFICE SUPPLIES E 101-41400-201 Office Supplies and Expenses $17.08 72802 OFFICE SUPPLIES E 101-41400-201 Office Supplies and Expenses $14.51 743489 OFFICE SUPPLIES Total OFFICEMAX $106.57 Paid Chk# 048122 12/30/2009 PAUL FIELDS E 101-42150-101 Full -Time Employees Regular $100.00 2009 POLICE COMM MTGS (10) Total PAUL FIELDS $100.00 Paid Chk# 048123 12/30/2009 PEOPLE SERVICE INC. E 602-49450-390 Contracted Services $30,615.71 15641 MONTHLY SERVICE E 601-49400-390 Contracted Services $13,819.29 15641 MONTHLY SERVICE Total PEOPLE SERVICE INC. $44,435.00 Paid Chk# 048124 12/30/2009 PETER TORRESANI CITY OF OTSEGO 12/30/09 1:08 PM Page 6 *Check Detail Register© DECEMBER 2009 Check Amt Invoice Comment E101-45250-100 Wages and Salaries (GENERAL) $130.00 2009 PARK & REG MTGS (13) E 101-45250-100 Wages and Salaries (GENERAL) $10.00 MAY 2008 PARK & REG MTG Total PETER TORRESANI $140.00 Paid Chk# 048125 12/30/2009 PUBLIC EMPLOYEES RETIREMENT FD E 602-49450-121 PERA $39.93 #677600 PPE 12/26/09 E 601-49400-121 PERA $39.94 #677600 PPE 12/26/09 E 250-42410-121 PERA $337.89 #677600 PPE 12/26/09 E 101-43100-121 PERA $1,068.33 #677600 PPE 12/26/09 $209.71 #677600 PPE 12/26/09 E 101-41400-121 PERA $1,905.99 #677600 PPE 12/26/09 G 101-21704 PERA $448.41 #677600 PPE 12/26/09 E 101-41600-121 PERA Dtal PUBLIC EMPLOYEES RETIREMENT FD $4,050.20 Paid Chk# 048126 12/30/2009 PURCHASE POWER E 101-41400-206 Postage $768.99 POSTAGE Total PURCHASE POWER $768.99 Paid Chk# 048127 12/30/2009 QWEST E 101-43100-320 Telephone $151.88 PW PHONE SERVICE Total QWEST $151.88 Paid Chk# 048128 12/30/2009 RANDY'S SANITATION E 101-41940-325 Garbage Service $110.07 8899 NASHUA AVE E 101-43100-325 Garbage Service $103.80 13400 90TH ST Total RANDY'S SANITATION $213.87 Paid Chk# 048129 12/30/2009 ROBERT VANDENBERG E101-42150-101 Full -Time Employees Regular $70.00 2009 POLICE COMM MTGS (7) Total ROBERT VANDENBERG $70.00 Paid Chk# 048130 12/30/2009 SCOTT OLMSTEAD BUILDERS INC R 601-37150 WATER SALES $46.29 31880-00 UTILITY REFUND - 7340 LANDER Total SCOTT OLMSTEAD BUILDERS INC $46.29 Paid Chk# 048131 12/30/2009 SHIRLEY ISAACSON E 101-45300-101 Full -Time Employees Regular $20.00 2009 HERITAGE COMM MTGS (2) Total SHIRLEY ISAACSON $20.00 Paid Chk# 048132 12/30/2009 SUSAN KREKELBERG E 101-45250-100 Wages and Salaries (GENERAL) $10.00 MAY 2008 PARK & (12) E 101-45250-100 Wages and Salaries (GENERAL) $120.00 2009 PARK & REG MTGS Total SUSAN KREKELBERG $130.00 Paid Chk# 048133 12/30/2009 TAMARA FALLON E 101-41530-101 Full -Time Employees Regular $10.00 2009 PLANNING COMM MTGS (5) Total TAMARA FALLON $100.00 Paid Chk# 048134 12/30/2009 TARGET STORES E 101-41400-203 Other Supplies $28.41 24560765401 STATIONARY, HOLIDAY SUPPLIES E 101-41400-203 Other Supplies $136.93 24560892883 COFFEE, HOLIDAY SUPPLIES Total TARGET STORES $165.34 Paid Chk# 048135 12/30/2009 TOSHIBA AMERICA BUSINESS SOLUT E 101-43100-413 Office Equipment Rental $55.49 53176214 PW TOSHIBA COPIER 'otal TOSHIBA AMERICA BUSINESS SOLUT $55.49 Paid Chk# 048136 12/30/2009 TOWN & COUNTRY LANDSCAPING G 250-12300 Special Assess Reo-Deferred $641.25 2878 RESIDENTIAL MOWING - TO BE ASSESSED 12/30/091:08 PM CITY OF OTSEGO Page 7 *Check Detail Register© DECEMBER 2009 Check Amt Invoice Comment Total TOWN & COUNTRY LANDSCAPING $641.25 Fund Summary 10100 BANK OF ELK RIVER $475.00 $52,736.70 SANTA DAY SLEIGH RIDES E 101-45250-440 Recreation Programming $300.00 444 SE Utilities Project $706.25 Total WILD WOOD SLEIGH & CARRIAGE $475.00 602 SEWER FUND $37,455.32 d Chk# 048138 12/30/2009 WINTER EQUIPMENT CO. INC. CURB RUNNER/GUARD E 101-43100-210 Operating Supplies (GENERAL) $545.59 IV02971 Total WINTER EQUIPMENT CO. INC. $545.59 id Chk# 048139 12/30/2009 WRIGHT COUNTY RECORDER JOHNSON/LEHTOLARMENDED ADMIN SUBDIVISION E 101-41400-340 Recording Fees $46.00 Total WRIGHT COUNTY RECORDER $46.00 id Chk# 048140 12/30/2009 WRIGHT-WAY SEAMLESS INC. GUTTER/DOWNSPOUTS - EAST WWTF E 602-49450-402 Repairs/Maint Buildingss $823.20 490 Total WRIGHT-WAY SEAMLESS INC. $823.20 yid Chk# 048141 12/3012009 YALE MECHANICAL FALL MAINT & REPAIR @ WEST WWTF E 602-49450-402 Repairs/Maint Buildings $639.25 $525.53 105361 106094 FALL MAINT & REPAIR (a3 WEST WWTF E 602-49450-402 Repairs/Maint Buildings Total YALE MECHANICAL $1,164.78 aid Chk# 048142 AINT CO. 12/30/2009 ZAHL-PETROLEUM M6.53 KEYS, HOSE REPLACEMENTS E 101-43100-400 Repairs & Maint Cont $ 159333 -IN Total ZAHL-PETROLEUM MAINT CO. $516.53 aid Chk# 048143 12/30/2009 ZIEGLER INC SWO80087690 CAT LOADER REPAIR E 101-43100-400 Repairs & Maint Cont $3,022.06 Total ZIEGLER INC $3,022.06 10100 BANK OF ELK RIVER $114,995.48 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $52,736.70 250 Comm. Dev. & Bldg Safety $7,730.33 441 Otsego Municipal Building Fund $300.00 444 SE Utilities Project $706.25 601 WATER FUND $14,939.64 602 SEWER FUND $37,455.32 701 DEVELOPMENT ESCROWS FUND $1,127.24 $114,995.48 12/30/09 4:24 PM CITY OF OTSEGO Page 1 *Check Summary Register© DECEMBER 2009 Name Check Date Check Amt 10100 BANK OF ELK RIVER Paid Chk# 048144 HENNEN CONSTRUCTION CO. 12/30/2009 $6,982.79 STREET REPAIRS & RWN Total Checks $6,982.79 FILTER: None CITY OF OTSEGO 12/30/09 4:24 PM Page 1 *Check Detail Register© DECEMBER 2009 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Paid Chk# 048144 12/30/2009 HENNEN CONSTRUCTION CO. E 201-43100-400 Repairs & Maint Cont $6,982.79 STREET REPAIRS & RWN Total HENNEN CONSTRUCTION CO. $6,982.79 10100 BANK OF ELK RIVER $6,982.79 Fund Summary 10100 BANK OF ELK RIVER 201 PAVEMENT AND TRAIL MANAGEMENT $6,982.79 $6,982.79 MONTICELLO City Clerk City of Otsego 8899 Nashua Avenue NE Elk River, MN 55330 December 16, 2006 Re: Otsego/A4onticello Fire Service Contract Renewal Dear City Clerk: ITEM 5-2 The current contract for fire protection services between the City of Monticello and City of Otsego will be expiring on December 31, 2009. Enclosed you will find two copies of a new fire protection agreement covering the next three years and expiring 12-31-12. The current number of units being covered is 444 at a cost of $51 per parcel. The same rate is being proposed with the new contract. Please have the appropriate officials sign the agreements and return one copy of the signed agreement to me for our files. Should you have any additional questions, please feel free to contact me at 763.271.3211 or tom.kelly@ci.monticello.mn.us. Sincerely, CITY OF MONTICELL0 Alf -41 Thomas Kelly Finance Director Enclosure: Fire Contract (2 copies) Cc: Fire Contract File Monticello City Hall, 505 Walnut Street, Suite 1, Monticello, MN 55362-8831 • (763) 295-2711 • Fax (763) 295-4404 Office of Public Works, 909 Golf Course Rd., Monticello, MN 55362 • (763) 295-3170 • Fax (763) 271-3272 FIRE PROTECTION AGREEMENT This AGREEMENT between the City of Monticello, Minnesota, hereafter referred to as the MONTICELLO FIRE DEPARTMENT, and the City of Otsego, hereafter referred to whether in whole or in part as the CITY, both agree as follows: ARTICLE I The MONTICELLO FIRE DEPARTMENT agrees to furnish fire service and fire protection to all properties subject to the terms of this agreement, within the CITY area, said area being set forth in EXHIBIT A, attached hereto. ARTICLE II The MONTICELLO FIRE DEPARTMENT will make a reasonable effort to attend all fires within the CITY area upon notification of such fire or fires, and under the direction of the MONTICELLO FIRE DEPARTMENT fire chief, subject to the following terms and conditions: A. Road and weather conditions must be such that the fire run can be made with reasonable safety to the firemen and equipment of the MONTICELLO FIRE DEPARTMENT. The decision of the fire chief or other officer in charge of the fire. department at the time that the fire run cannot be made with reasonable safety to firemen and equipment shall be final. B. The MONTICELLO FIRE DEPARTMENT shall not be liable to the CITY for the loss or damage of any kind whatever resulting from any failure to furnish or any delay in furnishing firemen or fire equipment, or from any failure to prevent, control, or extinguish any fire, whether such loss or damage is caused by the negligence of the officers, agents, or employees of the MONTICELLO FIRE DEPARTMENT or its fire department, or otherwise. ARTICLE III The MONTICELLO FIRE DEPARTMENT further agrees: A. To keep and maintain in good order at its own expense the necessary equipment and fire apparatus for fire service and fire protection within the town area so serviced. B. The MONTICELLO FIRE DEPARTMENT shall provide sufficient manpower m its fire department to operate fire equipment. D. The MONTICELLO FIRE DEPARTMENT will submit a summary to the City of all fires on a monthly basis. FireAgreementOtsego 2010-2012.doc ARTICLE IV The CITY agrees: A. To pay an annual fee of $51 for each tax identification parcel as determined by the Otsego City Assessor and/or Wright County Auditors office for years 2010 through 2012. These fees shall include all standby charges and fire call costs. The total annual fee for the first year of this contract is estimated to be $22,644 based on an estimated 444 parcels @ $51 each. The annual fee shall be adjusted for years 2011 and 2012 at the same $51.00 rate per parcel for additional parcels added within coverage area. B. Annual fee shall be paid as follows: prior to January 1 of each year - 25% prior to April l of each year - 25% prior to July 1 of each year - 25% prior to October 1 of each year - 25% C. Any false alarm call to an individual or business that, in the opinion of the Monticello Fire Chief, was the result of a defective or malfunctioning alarm system will receive a written notice outlining this policy, indicating a second false alarm call within the calendar year will subject the property owner to a $250 charge. The notice will also indicate that three or more false alarms during the calendar year will result in the property owner being charged $350 for the alarm call. D. Any false alarm charge billed directly to an individual or business by the Monticello Fire Department under this Agreement that remains unpaid by October 31 of each year shall become the responsibility of the City for reimbursement. E. All payments must be made in accordance with this schedule to render this agreement effective for each calendar year of the contract. ARTICLE V In case an emergency arises within the MONTICELLO FIRE DEPARTMENT while equipment and personnel of the fire department are engaged in fighting a fire within the CITY area, calls shall be answered in the order of their receipt unless the fire chief or other officer in charge of the fire department at the time otherwise directs. In responding to fire calls within the CITY area, the fire chief or other officer in charge shall dispatch only such personnel and equipment as in his opinion can be safely spared from the MONTICELLO FIRE DEPARTMENT. ARTICLE VI In cases where the MONTICELLO FIRE DEPARTMENT receives a notification of an FireAgreementOtsego 2010-2012.doc emergency other than a fire, and its assistance is requested in the area defined in Exhibit A of this contract, it shall respond to such emergency in the same manner as a fire as outlined in this contract. Charges for such service shall be as outlined in ARTICLE VI. ARTICLE VII The CITY agrees to make a fire protection tax levy or otherwise to provide funds each year in an amount sufficient to pay the MONTICELLO FIRE DEPARTMENT the compensation agreed upon. ARTICLE VIII This AGREEMENT shall be in force for a term of three (3) years beginning on January 1, 2010, and ending on the 31 st day of December, 2012. This contract may be terminated upon a six- month notice by either party. CITY OF MONTICELLO By: Mayor Attest: Cle ►,+ts^#°r" Signed this 1.5 44- day of �.Gc�rvt�o�r 2009. FireAgreementOtsego 2010-2012.doc CITY OF OTSEGO By: Mayor Attest: Clerk Signed this day of EXHIBIT A This EXHIBIT is a part of the attached FIRE PROTECTION AGREEMENT, and its purpose is to designate the area covered under this AGREEMENT and referred to herein as the CITY area. Therefore, the CITY area in which protection for fires is agreed to involves the following sections of the CITY herein: (SEE ATTACHED MAPS) Range 24 (Unplatted Areas) Section 10 Section 11 Section 14 Section 15 Section 22 Section 23 N1/2 of Section 27 Plats: Billstroms Riverview Addition Island View Estates Arrowhead Estates Riverwood PUD Island View Estates II Vintage Golf Course Mississippi Pines Riverwood National Grenins Mississippi Hills Otsego Farms Grenins Mississippi Hills 2nd Addition Forest HillsI Nozin Landing TOTAL NO. OF PARCELS 444 at $51.00 per parcel= $22,644.00 CITY OF MONTICELLO By: -� �� ?� - By: Mayor Attest: Cler l n%s1r✓ CITY OF OTSEGO Mayor Attest: Clerk ITEM 5_3 Resolution No. 2010 - 01 City of Otsego County of Wright State of Minnesota A Resolution Adopting An Official Newspaper. Whereas, the Elk River Star News is a qualified newspaper of general circulation within the City of Otsego: Be It Resolved, that the City of Otsego designated the Elk River Star News as the City's official newspaper effective immediately. Be It Further Resolved, that all ordinances and any other matters which are required by law to be published in an official newspaper, and all other matters which the City Council shall deem advisable and in the public interest to be published, shall be published in the Elk River Star News. Dated this 11th day of January, 2010. Jessica Stockamp, Mayor Attest: Tami Loff, City Clerk City Seal ITEM 5.4 Resolution No. 2010- 02 City of Otsego Country of Wright State of Minnesota A Resolution Establishing Depositories for City Funds. WHEREAS, the City of Otsego each year must stipulate official depositories for City Funds. Now, therefore, be it resolved by the City Council of Otsego, Minnesota. 1. That the following are designated as official depositories for City Funds: Bank of Elk River, Elk River, MN. First National Bank of Elk River, Elk River, MN Klein Bank, Otsego, MN Edward D. Jones & Co. - Elk River, MN Minnesota Municipal Money Market (4M) Fund, St. Paul, MN Multi -Bank Securities, Inc., Pleasant Ridge, MI Northland Securities, Minneapolis, MN Central Bank, Otsego, MN Institutional CD's Inc., Scottsdale, AZ 2. That to properly diversify and protect the City's funds the City Treasurer is authorized to deposit up to ten (10) million dollars ($10,000,000.00) in each of these depositories. Collateral is required for funds that are not directly invested in investment securities that are insured by the Federal Deposit Insurance Corporation or other United States Government Agencies. Investments shall be in accordance with investment securities allowable under the State of Minnesota guidelines for municipalities and the City's investment policy. The City Treasurer shall deposit all or any part of the City's funds into the approved depositories and withdraw the same when necessary, or when directed by the City Council. Dated this 11th day of January, 2010. City of Otsego Jessica Stockamp, Mayor Attest: Tami Loff, City Clerk City Seal Invoice ITEM 5-5 Consulting Group, Inc =:(763)_475-0010 One Carlson Parkway North, Suite 150, Minneapolis, Minnesota 55447-4443 (763) 475=2429 FAX__ Invoice Date: 11/30/2009 Invoice No: 5521-35 Mr. Mike Robertson City Administrator CITY OF OTSEGO 8899 N.E. Nashua Avenue Otsego MN 55330 Re: Otsego Parks Professional services for the period ending Nov 30, 2009 Task: 0160 Parks / Open Space / Trails Hours Rate Amount Grieshaber, Kenneth J Sr. Assoc./L. Arch. 17.00 146.88 2,496.96 Wold, Timothy B Associate/L. Arch. 8.50 92.14 783.19 3,280.15 Total SRF Professional Services - Current Period 25.50 Reimbursable Expenses 29.70 Mileage - Personal/Employee 29.70 Total Reimbursables - Current Period Total this task $0.00 Billings to date Current Prior . Total Invoice continued on next page Total this task $3,309.85 Billings to date Current 3,280.15 Prior 120,838.14 Total 124,118.29 Labor 29.70 3,001.82 3,031.52 Expense Totals 3,309.85 123,839.96 127,149.81 .............................. Task: 1160 Roskaft Park Total this task $0.00 Billings to date Current 0.00 Prior 6,764.22 Total 6,764.22 Labor Totals 0.00 6,764.22 6,764.22 .................................... Task: 2160 Norin Landing Total this task $0.00 Billings to date Current Prior . Total Invoice continued on next page Project: 5521 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 1 $3,309.85 Page 2 Otsego Police Commission Minutes 17 E M 5-6 October 13, 2009 PRESENT: Jessica Stockamp, Jane Theisen, Paul Fields, Denise Andrusko, Rob VanDenBerg, Joel Torkelson, Linda Lewis. Police Officer — Todd Jorgenson Meeting called to order at 6:40 p.m. ADGENDA — Add: Speed limit in Pheasant Ridge Updated agenda - Approved Minutes from September 8 — Approved OPEN FORUM: Riverwood Nat'l cited for selling alcohol to minors — 2°d offense. Corrective action has been tabled by the city council until a later council meeting TBD. West Otsego watertower overflowed recently. Residents were not sure who to call for such an event, and the police were called. In the future, the police dispatch should refer these calls to the City Works Dept. Collision between a van and car reported on Co Rd 42 and entrance to Otsego Elementary School. Robbery reported at Riverview Community Bank on 10-9-09. Receiving increasing reports of failure to stop at intersection of 85th & Odean. Will continue to monitor. OLD BUSINESS: NIXLE — This is a service that can alert residents of the whereabouts of offenders, local events, activities or emergencies/alarms and send to individual's e-mail or phone. This could report anything from dates of an upcoming festival to road construction/blockage information to an immediate report of a robbery. Paul contacted the City of Brooklyn Park about their usage, they endorse the website. Brooklyn Park city officials say the information is from the Police Dept, and is valid. The Otsego City Council believes Otsego is not ready to pursue this service just yet. Road Clean Up — City commission clean up happened Oct 4. All went well. Riverwood Nat'l may sign up to clean Kadler. The Holiday Inn and Mormon Church have expressed interest in signing up to clean a road. Otsego Festival — All went well. The new signs really helped identify the commissions. Lots of positive discussions. NEW BUSINESS: Otsego Pumpkin Patch — Saturday Oct 17. Police Commission will not have McGruff attend. Will ask Otsego Cub Scouts and Otsego Girl Scouts to help out. Issue of speeding in the Pheasant Ridge neighborhood. Suggest a "caution" type 20MPH sign on curves?? Fatal auto accident reported at intersection of 93`d & Ohland. City Council approved Otsego Snowmobile Club use of city buildings to hold Youth Safety Training. Need to get new signs up prohibiting snowmobiles from driving on boulevards in curbed areas — Rick Knutson in sign dept. Dec 1 target date. Suggest Otsego Snowmobile Club link on city website and snowmobile curb ordinance in the View. City Council Meeting assignments Oct 26 - Jane Nov 9 - Linda Next meeting —November 10 Meeting adjourned 7:55 PM 1"TEM 5_7 Owner PAY ESTIMATE #6 CITY OF OTSEGO Otsego Creek Restoration Improvement Project No. 04-05 December 16, 2009 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Otsego Creek Restoration Contractor. Doboszenski & Sons, Inc. Contract Amount: $643,728.13 Award Date: December 4, 2006 Completion Date: April 30, 2007 Dear Honorable Mayor and Council Members: The following work has been completed on the above -referenced project by Doboszenski & Sons, Inc. "'W' o,.,,o.._._ C:\Documents and SettingsVOrNADesktoPWOTSEGO\424\Pay Estimates\OK20tEx s 1 PAY ESTIMATE #6 CITY OF OTSEGO Otsego Creek Restoration Improvement Project No. 04-05 Bid Sr_haduia "R" _ r_hnnnn n..e. e, Owner ITEM NO. I ITEM DESCRIPTION ESTIMATED QUANTITY UNIT CONTRACT UNIT PRICE CONTRACT AMOUNT USED TO DATE EXTENSION 1 Autumn Blaze Red Maple 46 EACH $300.00 $ 52 $ 15 600.00 2 Sugar Maple 28 EACH $325.00 $ 36 11700.00 3 Summit Ash 1 7 EACH $240.00 $ 7 1680.00 4 Patmore Ash I 10 EACH $240.001$ --1-101$ 2 400.00 Total Bld Schedule 'B" Bid Schedule A" Bid Schedule "B" - Change Order #1 TOTAL Total Work Completed to Date LESS 2.50% RETAINAGE: LESS PAY ESTIMATE #1: LESS PAY ESTIMATE #2: LESS PAY ESTIMATE #3: LESS PAY ESTIMATE #4 LESS PAY ESTIMATE #5 WE RECOMMEND PAYMENT OF: APPROVALS: $ $ 643,728.13 $ CONTRACTOR: DOBOSZENSKI 8, SONS, INC. Certification by Co ct r. i that all ite r s and amounts are correct for the work completed to date. Signed: Title: V I Date ENGINEER: HAKANSON ANDERSON ASSOCIATES, INC. Certification by Engineer. We rec4lend payment for work and quantities as shown. OWNER: CITY OF OTSEGO Signed: Title: Date C:00cuments and Settingsv wzesktoplAOTSEGOW24%Pay Estimatesbt424FIEds 2 _$ 31.380.00 $ 588,898.16 $ 31,380.00 $ 620,278.16 $ 620,278.16 $ 15,506.95 $ 258,236:09 $ 146,380.79 $ 157,271.89 $ 13,504.77 $ 10,169.04 $ 19208.63 ITEM 5-S OTSEGO PARKS AND RECREATION COMMISSION MEETING OTSEGO CITY HALL NOVEMBER 18, 2009 7:00 PM 1 Vice -Chair Krekelberg will call the meeting to order. Vice -Chair Krekelberg called the meeting to order at 7:OOPM Roll Call: Vice -Chair Susan Krekelberg; Commissioners: Kathy Roberts, Rose Cassady, Mike Brumm, Peter Torresani and Duane Lauseng. Absent: Commissioner Krista Bean. City Council: Mayor Stockamp. Staff: Dan Licht, City Planner; Brad Belair, Public Works Supervisor and Sandy Lindenfelser, Special Licensing. 2 Consider agenda gpproval. City Planner Dan Licht requested to Add Item 8.1. Park Dedication. Commissioner Krekelberg motioned to approve as amended. Seconded by Commissioner Cassidy. All in favor. Motion carried. 3 Consider the following minutes: 3.1. October 14 2009 Regular Meeting Minutes. Chair Krekelberg said under Item 5.1 that she requested looking into the price for using a sport court for the tennis court Commissioner Torressani motioned to approve as amended. Seconded by Commissioner Lauseng. All in favor. Motion carried. 4 Open Forum: Nothing 5. Unfmished Business. 5.1. Interview for Park Commission Vacancy. Commission members interviewed Kayla Block-Torgerson for the alternate commission opening. Ms. Block-Torgerson asked the difference between a regular commission member and an alternate. It was noted that it is the same except they cannot vote unless there is an absence. The Park and Rec Commission will recommend that the City Council appoint Ms. Block-Torgerson to the Park and Recreation Commission. Commissioner Torresani made the recommendation that City Council appoint Ms. Block-Torgerson to be appointed to the Park and Rec Commission. Seconded by Chair Krekelberg. All in favor. Motion carried. 5.2. Naming of the new park Commission discussed possible names for the new park. Suggestions included River Park, Jerry Perrault Park, Fournier Park, Randolph Park, Steepleview Pazk, Old Frankfort Park and Frankfort Park. Commission members voted to recommend one of the following — Steepleview coming in first, Randolph second and Frankfort third. 5.3. Park Sig- Costs City Planner Licht gave an overview of park sign costs and the number of signs. Commissioners questioned whether the quote included the sign for Prairie Park and City Planner Licht said it did not nor is a sign included for School Knoll Park. City Planner Licht explained that City Staff requests a recommendation from the Park and Recreation Commission to approve the quote not to exceed $12,699. Additional quotes will be solicited and awarded to the lowest bidder if approved by City Council and brought back to the December 9t' meeting for a final decision. Commissioner Torresani proposed adding a sign for Prairie Park. Commissioner Brumm motioned to approve the $12,699 quote for signs with the addition of the Prairie Park sign. Seconded by Commissioner Torresani. All in favor. Motion passed. 5.4. River Place Park update. City Planner Licht updated the commission on the planning and development of the neighborhood park at River Place. Commission discussed the possibility of having a skating rink this year or is there a better area for this. It was also noted that there are volunteers offering to help. City Planner Licht said he will check with SRF and City Engineer Ron Wagner to see if the area is feasible and get back to the Parks and Rec Commission. City Planner Licht did not think it would be feasible to do this year. City Planner Licht said the City Council will consider approval of the final design, equipment and preliminary budget based on the recommendations of the Parks and Rec Commission by the end of the year. Chair Krekelberg thanked Mr. Belair and the Public Works department for their hard work getting the preliminary grading of the site completed. 6. Public Works Update. 6.1. Grant anolication update for playground equipment Public Works Supervisor Belair gave an update on the grant application for playground equipment. It was noted that a Gametime equipment grant of $62,000 was awarded to the City. Mr. Belair stated that City Council denied the grant because the time frame was too short. Mr. Licht explained that both the Parks and Rec Commission and the City Council need to be involved in the decision. 7. Pride in our Parks 7.1. Monthly Reports Commissioner Brumm noted that the August and September monthly reports were submitted to City Clerk Tami Loff. Also noted that Amy Brumm and the Girl Scout Troop will be out Saturday. 8. New Business. 8.1 Park Dedication City Planner Licht explained Park & Trail fees for next year. 8.2 Prairie Park Parking Lot Commissioner Torresani stated he is concerned about some of the lights not working in the parking lot of Prairie Park and that they should be fixed. Public Works Supervisor Belair explained that all the lights were gone thru today and those not working will be fixed. Mayor Stockamp recommended that anyone that see lights out in their neighborhoods should call city hall and report it. 9 Update on City Council actions by Mayor Stockamn. Mayor Stockamp updated the Commission on the Community Ed bills from 2006 to 2008 with the totals ranging from $11,000 in 2006, $19,000 in 2007 and $30,915.31 in 2008 and what the City was charged for. The bill for 2009 has not been received. Discussed that City Administrator Mike Robertson, Finance Director Gary Groen and Public Works Supervisor Belair meet with Community Ed after Thursday's staff meeting to discuss a formal agreement with the city outlining a memorandum that will coincide with city planning, budgeting, and scheduling. Commission is to begin looking at and identifying areas where monies can be spent. City Planner Licht will give then give an overview of things to look at in 2010. 10. Subcommittees a All Snorts (Commissioner Torresani). Commissioner Torresani noted that January scheduling meetings are coming up. What should or should not be set aside for Community Ed. Steve Zoubek of Three Rivers Soccer Association will be notified regarding the scheduling of the soccer fields. b Community Ed/Ids 728 (Commissioner Bean). Chair Krekelberg updated the Commission with an email from absent Commission member Bean stating that the winter brochure was given to Barb Williams to put on the website and if there was any questions to please call her. c Communication (Chair Krekelbers) Chair Krekelberg asked if there was anything for Santa Day. Commissioner Cassady stated that information will be displayed in the show cases in the park. Santa Day signs will go up on the streets after the Thanksgiving holiday. d Pumpkin Patch (Commissioner Roberts). Chair Krekelberg congratulated Commissioner Roberts on a very nice job. Commissioner Roberts noted that the Boy Scouts were a great help. e Santa Day — (Commissioner Cassady). Commissioner Cassady has the flyers for Santa Day. Not all mailbox locations have been approved at this time. Santa Day flyers were given to Commissioners to review. Commission agreed to include " pictures with Santa available from Quality Photo". Discussed the purchase of cookies, cocoa, apple cider and candy canes. Mayor Stockamp will check with Mike of Target regarding the possibility of donating the candy canes. Commission agreed to have public works bring over decorations for Santa Day and go over the supplies at the next Park and Rec meeting on December 9d'. f. Egg Hunt — (Commissioner Brumm) 11. Adjourn by 10 PM. Commissioner Cassady motioned to adjourn. Seconded by Commissioner Torresani. All in favor. Motion carried. Adjourned at 9:05PM Written by Sandy Lindenfelser, Special Licensing ITEM 5_9 LEAGUE OF MINNESOTA CITIES INSURANCE TRU... LIABILITY COVERAGE -WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $300,000.on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,000,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,000,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,000,000., regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. CITY OF OTSEGO accepts liability coverage limits of $500,000/1.500,000 from the League of Minnesota Cities Insurance Trust (LMCIT). Check one: ® The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting Signature Position Return this completed form to LMCIT, 145 University Ave. W., St. Paul, MN, 55103-2044 LMCIT (11/00)(Rev.11/03) Page 1 of 1 TO: Mayor Stockamp, Council Members Vern Heidner, Tom Darkenwald and Dan Scharber CC: Tami Loff, City Clerk and Mike Robertson, City Administrator Fram Sandy Dater January 12, 2010 Res Garbage Hauling Licenses for 2010 I have received all the necessary paperwork to renew the garbage hauling licenses for the following in the City of Otsego and recommend their approval. Ace Solid Waste Randy's Sanitation, Inc Veolia ES Solid Waste, Inc #kaj Onyx Waste Services, Inc Walter's Recycling & Refuse, Inc Waste Management Services, Inc Allied Services of North America Inc ITEM 5-11 January 5, 2010 Mr. Ron Wagner (via email only) City Engineer C/o City of Otsego 8899 Nashua Avenue Otsego, MN 55330 RE: Timmer Farms — Development Escrows Dear Mr.. Wagner: Please accept this letter as a request for full and final release of the development escrows for the Zimmer Farms project, phase 1 through 6. It is understood that there were currently five active building permits for which a final grading certification has not been completed as of the end of day on December 31, 2009. D.R.. Horton also requests that the City process a one-time charge of $150.00 per building permit ($750 total) against the development escrow prior to its release to cover expenses related to final grading certification for the building. If re -inspection is needed on any of the five lots, the re -inspection fee can be billed direly to D.R.. Horton similar to how it will be handled for all permits processed from January 1, 2010 forward. Should you have any questions, please feel free to contact me by phone at 952-985-7827 or by email at Ram ullenbach@drhorton.com_ Thankyou Sincerely, Ron Mullenbach Acquisitions & Development Sue Frisch, City of Otsego (sue@ci.otsego mn.us) crT22 L(, 2. Wetland Delineation Review: $2,000.00 escrow 3• Water Tower Lease Review: $1,500.00 escrow 4. Sign: $ 235.00 5. ication Grading: Initial Survev Review ...—A-1150". 00/let x5 s7� ---�_�aCh reinsnprtir,� 6. Petition for R.O.W. $ 125 00/lot or Easement Vacation: a. Base Fee: $ 200.00 b. Escrow: $1,000.00 C. Total: $1,200.00 7. R.O.W. Permit: $200.00 + costs incurred 8. Site Development Permit: a. Under one (1) acre: $ 250.00 escrow b• One (1) acres to five (5) acres: $ 500.00 escrow C. More than five (5) acres: �. GIG ata Entrv• $1,000.00 escrow J. Public Utilities: $100/aro 1 • Municipal Water and Sewage Usage Rates: a. Water and sewer usage rates are established to be effective with the 1 at Quarter billing and may be adjusted based operations, anticipated future repair and on a review of prior year maintenance needs and estimated operating costs. b. Water Usage Rate: 1 • $3.00 base charge + $1.50/1,000 gal. thereafter. 10 ITEM 6_1 Memo To: City Council From: Gary Groen Date: January 5, 2010 Re: Newsletter Cost Information For your review and consideration, the newsletter cost for the last issue was printed in a four color, two sided format. The final decision as to the paper weight and number of color options should be formalized before the next newsletter is printed. The December/January newsletter printing was as follows: ■ 5,000 copies of the newsletter were printed, ■ Of the 5,000 copies, 4,922 pieces were mailed, ■ It was printed on 80# paper and was 4 color and 2 sided. The cost for printing was $980 and the cost of mailing was $392.27. The total invoice of $1,372.27 was approved earlier as part of the consent agenda. The cost of Brink PR services totaled $1,100 and the postage cost was $959.11. The total cost for the December/January newsletter was $3,431.38. If the newsletter is published six times during the year, the City's cost will total approximately $20,600. The 2010 newsletter budget is $17,500 but can be adjusted to reflect the increased cost. The only variable cost is the number of colors and the paper weight. The cost to print 5,000 pieces was quoted as follows: ■ 70# White Offset, 2 color 2 sided $766 ■ 70# White Offset, 4 color 2 sided $942 ■ 80# White Matte, 2 color 2 sided $810 ■ 80# White Matte, 4 color 2 sided $980 • Page 1 Page Two Newsletter Cost Information The prior newsletter cost to print 4,700 pieces on 70# gray, 1 color 2 sided was $446. The decision for the December/January color and paper weight was made as the issue was being completed. The Council should review this decision and approve the budget revision necessary. • Page 2 ITEM 8_1 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 6 January 2010 RE: Otsego — Gateway North; Farming IUP NAC FILE: 176.02 The Planning Commission held a public hearing on 4 January 2010 to consider the application of Duke Realty to allow crops to be planted on Outlot B Gateway North second addition. Mr. David Bade of Duke Realty was present as the applicant. The Planning Commission asked Mr. Bade about the amount of top soil on the property. Mr. Bade said that there is approximately three inches of top soil. The property is to be planted by a farmer renting adjacent property. Duke Realty is renting the property to put it to some use and improve the appearance of the property until an industrial user is presented for continued development of the site. The Planning Commission had no other questions or concerns and there was no public comment. The public hearing was closed and the Planning Commission voted 6-0 to recommend approval of the application as outlined below. The request will be considered by the City Council at their meeting on 11 January 2010. POSSIBLE ACTIONS A. Motion to approve an interim use permit allowing farming activities within an 1-2 District subject to the following conditions: 1. The interim use permit shall terminate upon the happening of any of the following events, whichever occurs first: a. Upon violation of the conditions upon which the permit was issued. b. Upon change in the city's zoning regulations which renders the use non -conforming. C. Farming activities shall cease on any portion of the subject site final platted into a lot/block. 2. No farm animals shall be kept upon the property. 3. In ground storm sewer locations shall be staked in the field as may be required by the City Engineer. 4. Silt fence or other erosion control measures shall be provided by the developer as required by the City Engineer. 5. The developer shall provide a security for the installation and maintenance of erosion control measures as determined by the City Engineer. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and Zoning Ordinance. C. Motion to table. C. Mike Robertson, City Administrator Tami Loff, City Clerk Andy MacArthur, City Attorney Ston Wagner, City Engineer David Bade, Duke Realty, LLP 2 CITY OF 01-06-10 OTSEGO FINDINGS &DECISION INTERIM USE PERMIT WRIGHT COUNTY, MINNESOTA APPLICANT: Duke Realty LLP APPLICATION: Request for approval of a IUP allowing farming within an 1-2 District. CITY COUNCIL MEETING: 23 June 2008 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is Outlot A, Gateway North 2"d Addition, City of Otsego, County of Wright, State of Minnesota. B. The subject site is guided by the Comprehensive Plan for industrial land uses within the east sewer district. C. The subject site is zoned 1-2, General Industrial District. D. The applicant is proposing planting agricultural crops within the property defined as farming activities by the Zoning Ordinance; Farming is allowed as an interim use within the 1-2 District. E. Consideration of the application is to be based upon (but not limited to) the criteria set forth by Section 20-4-2.F of the Zoning Ordinance: 2. KI The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The Comprehensive Plan encourages phased development to avoid an oversupply of vacant land or buildings of any type of given land use. The temporary use of the subject site for crop production until there is a development plan presented is consistent with this policy. The proposed use's compatibility with present and future land uses of the area. Finding: The subject site is surrounded by the existing and planned uses shown in the table below. Crop production on the subject site will not create any negative impacts to existing or planned uses in the area. Direction Land Use Plan Zonina Existing Use North Commercial B-3 District Anoka Equine East Industrial A-1 District Horse fart Tree farm South Industrial 1-2 District Building #1 West Industrial A-1 District TH 101 Agriculture The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed use will comply with all applicable performance standards. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The proposed use will not generate traffic that cannot be accommodated by streets serving the subject site. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding. No impacts to City services or service capabilities will occur as a result of the crop production. F. The Planning Report dated 29 December 2009 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 14 January 2010 to consider the application, preceded by published and mailed notice; upon review of the application, and other evidence, the public hearing was closed and the Planning Commission recommended by a 6-0 vote that the City Council approve the request based on the findings outlined above. DECISION: Based on the foregoing information and applicable ordinances, the application is hereby APPROVED subject to the following conditions: 1. The interim use permit shall terminate upon the happening of any of the following events, whichever occurs first: a. Upon violation of the conditions upon which the permit was issued. b. Upon change in the city's zoning regulations which renders the use non -conforming. C. Farming activities shall cease on any portion of the subject site final platted into a lot/block. 2. No farm animals shall be kept upon the property. 3. In ground storm sewer locations shall be staked in the field as may be required by the City Engineer. 4. Silt fence or other erosion control measures shall be provided by the developer as required by the City Engineer. 5. The developer shall provide a security for the installation and maintenance of erosion control measures as determined by the City Engineer. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: 2 ADOPTED by the City Council of the City of Otsego this 11th day of January, 2010. CITY OF OTSEGO By: Jessica Stockamp, Mayor Attest: Tami Loff, City Clerk ITEM 8-2 MEMORANDUM TO: Honorable Mayor and City Council FROM: Ronald J. Wagner, City Engineer CC: Mike Robertson, City Administrator Tami Loff, City Clerk Daniel Licht, City Planner Lynn Paulson, Metro West Building Inspector DATE: January 7, 2010 RE: 6023 Quale Ave Variance Last month Harold Leonard, the Building Official; Dan Licht, the City Planner and I reviewed an application for a variance for placing a septic system within a 10' setback from the property line. The house currently has a non -conforming septic system. Although the home is located on a larger lot, the entire back yard has slopes steeper than allowable for drainfields. The front yard is nearly non-existent due to the proximity of Quale Avenue Right of Way. The north and south side yards are the only viable locations for installing of a septic system. With Quale Avenue Right of Way encroaching so close to the backyard slope, staff concurs, the only location available included the setback area of Quale Avenue. In conjunction with the replacement of the septic system, the existing well, located within the house, will be abandoned and a new well installed on the north side. These improvements will make the home conforming and saleable. Staff, therefore, recommends approving of a variance for placement of a septic system at 6023 Quale Avenue within the setback of Quale Avenue as shown on the attached Exhibit. Dec 31 09 04:17p Lyle 320-743-2195 p.7 Wright County, MN C, �' VJT O� J 001020 r� 1J� 1065 11OU14DO1010 i 0 30 ft Parcel ID 118014001020 Sec/Twp/Rng 35-121-23 Property Address 6263 QUALE AVE NE OTSEGO District 4 in 13628 '��o / V 118500353305 106C2 l \O Alternate ID N/A Class 201- RESIDENTIAL Acreage 0.00 Brief Tax Description Sect -35 Twp -121 Range -023 CHRISTIAN ACRES Lot -002 Block -001 Last Data Upload: 12/31/2009 7:01:28 AM Obeacon TM Date Created: 12/31/2009 Map Scale: 1 in = 3D ft — ± Overview II j aParcels N Owner Name ,a N/A !-= Owner Address N/A n' Lty1e'c Fgc4,vat--g Ly: 0 CITY OF 0 T S E G 0 WRIGIiT Cp�TY, MINNESOTA 01-11-10 FINDINGS & DECISION NON-STANDARD SETPIC SYSTEM APPLICANT: Household Industrial Finance Company APPLICATION: Request for approval to allow construction of an individual sewage treatment system within 10 feet of a public right-of-way. CITY COUNCIL MEETING: 11 January2010 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fact: County A. The legal description of the property is Lot 2, Block 1 Christian Acres, City of Otsego, of Wright, State of Minnesota. B. The subject site is guided by the Comprehensive Plan for low density residential land uses within the east sewer district. C. The subject site is zoned R-3, Residential Long Range Urban Service District. D. The property is developed with a single family detached dwelling served by an individual sewage treatment system and well. es 7080; E. The existing septic system pl mens standard Minnesota dard i div dg individual sewage has been found betreatment The City Engineer has determined that a replace due to existing topography of the site; system cannot be constructed upon the property The applicant has requested approval of anon -standard system under Section 4-3-10 of the F. ptic system within 10 feet of the right-of-way of Quale City Code to allow construction of a se Avenue. G. The memorandum dated 7 January 2010 prepared by the City Engineer, Hakanson Anderson Associates Inc. is incorporated DECISION: Based on the foregoing information and applicable ordinances, the application is hereby APPROVED. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 11th day of January, 2010. CITY OF OTSEGO By: Jessica Stockamp, Mayor Attest: Tami Loff, City Clerk ITEM 9-1 MEMORANDUM TO: Honorable Mayor and City Council FROM: Ronald J. Wagner, City Engineer CC: Mike Robertson, City Administrator Tami Loff, City Clerk Andy MacArthur, City Attorney DATE: January 7, 2010 RE: Bob's Produce Street Light Issue The Bob's Produce building streetlights, which illuminate the drive through parking lot area have been without electricity for some time now. According to the agreement worked out between the City and the businesses along the frontage road, the City would vacate the frontage road Right of Way with the stipulation that the businesses would be responsible for maintenance of the parking lot/road including streetlights. Due to the street lights begin on private property and connected to power inside the building, the City is unable to have power restored. I have spoken to the Elk River Municipal Utilities. I asked them to give us an estimate of costs to install a temporary streetlight of sufficient height and wattage to illuminate the Bob's Produce Parking Lot area. The street light would be temporary until power is returned to the private streetlights. The cost is estimated to be $7,500. The street light would be mounted on a wooden pole, be 400 watts, and be located on City easement. Temporary overhead power would be necessary to feed it. I also requested the cost per month that the owner of the old Bob's Produce building would be charged if they returned power to the streetlights. That amount was approximated to be $12/month. My recommendation to the Council would be to have the City Attorney write a letter notifying the current owner that the City may install a temporary streetlight at a cost of $7,500 for installation and $19.50 per month for electricity. Those costs would be assessed against the property for violation of the frontage road agreement. The other option for the property owner would be to have power restored to the existing streetlights. A timetable for power restoration should also be set. If you have any questions, I will be at the Council meeting. Bobs Produce St lights Page 1 of 1 Ron Wagner From: Adams, Troy [tadams@elkriverutilities.com] Sent: Tuesday, January 05, 2010 3:40 PM To: Ron Wagner Cc: Fuchs, Mark Subject: Temporary Light Ron, I'm writing in response to your quote request for a temporary light. The requested right was to be installed near the service road and parking lot adjacent to the northwest corner of the intersection of Co. Rd. 39 and Parish Ave NE. An installation this time of the year would need to be overhead which would require Otsego City Council approval. The cost for installation and future removal/restoration would be $75M. An underground installation would be the same price but wouldn't be possible until spring. There would be a $19.50 monthly energy and maintenance charge as well. You had also inquired about the existing parking lot lights which are currently feedfrom the old Bob's Produce building. It appears there are two 150W light fixtures. Depending on the line losses and ballasts, these lights should cost approximately $12 a month to operate. If you have any additional questions, please give me a call Best regards, Troy Troy Adams, P.E. I Elk River Municipal Utilities 113069 Orono Parkway PO Box 430 1 Elk River, MN 55330-0430 1763.441.2020 Office 1763.441.8099 Fax I www.elkriverutilities.com 1/5/2010 ITEM 9-2 MEMORANDUM TO: Honorable Mayor and City Council FROM: Ronald J. Wagner, City Engineer CC: Mike Robertson, City Administrator Tami Loff, City Clerk Andy MacArthur, City Attorney Kurt Neidermier, People Services DATE: January 79 2010 RE: Quaday Avenue Lift Station Upgrade Project We are writing this memo to update the council with regards to timelines and possible assessment of liquidated damages on the above referenced project. uada Upgrade project had a bid opening in May of 2008 with The Lift Station #1 (Q Y Ave)) pg p � project was to happen by contract signed in June of 2008. Substantial completionSC of t ae subcontractor of Electrical August 22" of 2008. According to Auto ho icsSassubcontra for to RL Larson, the prime Installation and Maintenance (EIM), and installation of their portion of the contractor, 15 weeks were necessary for delivery Project, once shop drawings were approved. With this in mind the substantial completion date would be moved back to Nov. 25, 2008. ember 23 rd of 2008. There are 28 Actual substantial com letion occurred DecrdDecember 23rd the lift stationdwas between November 25 h and December 23 Aft umps alternating) rather than as the Rlanned triplex station. running as a duplex station (2 p This was because an existing pump malfunctioned on December 23r . Anew replacement pump was ordered. From December 23rd, 2008 until May 31St, 2009 the lift station functioned as a duplex to arrive. During this time several station while waiting for the newly ordered pump res onsive handling these warranty type issues occurred. At times ASC was not very p warranty issues. ASC complained of nonpayment f om their primes on this job and o was not to blame for nonpayments and used it as a reason to stop work. The City of Otsego Kurt Neidermier made an emergency call to Tri-Stateo onMay 31"t 200 from ASC the over station completely shut down. Tri-State was called duunresponsiveness the past several weeks. liquidated damages letter Tri-State was able to get one pump running. Two of the three Variable Frequency Drives (VFD's) were damaged at some point. Determination of who, how and when exactly these VFD's were damaged has been an issue. All of June, July and August the lift station ran on one pump while two were available as only one VFD was operable. In early September of 2009 the 3rd pump was installed. During September and % of October the lift station continued to run on one pump although three were available. On October 13th, 2009 the lift station was competed as a triplex station. Operations and Maintenance Manuals (O&M's) were received on December 29th 2009 completing the project. Our opinion is liquidated damages could be assessed from September 4th until October 13th for an addition 39 days for a total of 67 days. At the contract amount of $600/day this amounts to $40,200. Currently the City is retaining $10,000 and we would recommend assessing all $10,000 with the stipulation if the contractor disputes the liquidated damages the city reserves the right to full compensation of $40,200 of liquidated damages. Attached is a calendar describing the events as we documented them and invoices sent to the city and EIM by ASC. Also attached is an invoice from Tri-State to the City to perform the emergency work needed to have the lift station running on May 31st. Lastly, we have attached ASC letter to EIM describing their version of occurrences. Needless to say the project, unfortunately, did not go as planned and there are additional costs and issues the city should be compensated for. If you have any questions I will be available at the council meeting. liquidated damages letter AUTOMATIC SYSTEMS C.O. 30X 1.20359 ST. PAUL, MN 55112 (651) 631-'9005 SOLO SHIP TO Otsego, City of TO City Hall 8,899 Nashua Ave. N.E. Otsego, MN 55330 OUR ORDER NO YOUR ORDER NO.TERMS .... .......... SEE Br=L Otsego, City of 4uaday LS Otsego, MN 55330 SHIPPED VIAPPbo4aCOLL SALES KIIA Y i ACc a, $474.50 $474.50 Unless other arrangements have been made and approved in writing by this office at time of order, payment is due in full and payable 30 days from the date of invoice, unless start up service is required prior to the expiration of the 30 days, in which case payment is due in full prior to start up. Your payment to us will not be dependent or contingent upon receipt of payment by you from any other party. Any balance remaining due 31 days beyond the invoice date will be subject to a 1.5 percent monthly service fee until paid. ni IPL_�ICATE — °A T�atel: a, $474.50 $474.50 Unless other arrangements have been made and approved in writing by this office at time of order, payment is due in full and payable 30 days from the date of invoice, unless start up service is required prior to the expiration of the 30 days, in which case payment is due in full prior to start up. Your payment to us will not be dependent or contingent upon receipt of payment by you from any other party. Any balance remaining due 31 days beyond the invoice date will be subject to a 1.5 percent monthly service fee until paid. ni IPL_�ICATE — 08/25/2009 16:49 763-428-9215 763 428 9215 TR' -STATE PUMP & CONTROL 20092 21St AVENUE EAST PODOX7 CLEARWATER, MN 65320 USA 320-558-2000 or 1-800-537.2040 Fax: 320-858-2002 Email: tdstate@tristatepumptom www.tristatepump.com Bill To: CITY OF OTSEGO CITY HALL 8899 NE NASHUA AVE OTSEGO, MN 58330 11.5 111-6 10.00 ILF10T 0TSE60 PEOPLESERVICE EX HIB I T B Invoice29089 Customer OTSEGO Ship To: CITY OF OTSEGO CITY HALL, 8898 NE NASHUA AVE OTSEGO, MN 65330 LABOR IN FIELD,1 MAN, AFTER HOURS, 5131/09 Pulled both pumps, Cleared debris from pump #2. VISA & MASTERCARD ACCEPTED NET 30 DAYS - 1.6%MO THEREAFTER ===am====? NO RETAINAGE ALLOWED VISIT OUR WEBSITE AT WWW,TRISTATEPUMP.COM HR I N ( 196.00 Icct Cade Date:... -.-1' ...w. �% THANK YOU FOR YOUR BUSINESSI PLEASE CALL AGAIN NonTaxabie Subtotal Taxable Subtotal Tax (e.500%) Tote/ Invoice RECEIVED TIME AUG. 25. 4: 44PNNatomaroriginal PRINT TIME—AUG. 25. — 4461 2242.5o 0.00 0.00 Joe MacPherson 1/7/2010 1:42 PM July 2008 5 M August 2008 T W T F 5 July 2008 5 M T W 1 2 T F 5 3 4 5 10 11 12 g 4 1 2 5 6 7 8 9 6 7 8 9 13 14 15 16 17 18 19 10 17 11 18 12 13 14 15 16 19 20 21 22 23 20 21 22 23 27 28 29 30 24 25 26 31 24 25 26 27 28 29 30 31 Wednesday Thursday Friday Sat/Sun Monday Tuesday 2 3 Jul 1 9 10 11 1 7 8 ASC sho drawings ASC shoodrawings sent dated 7/8_/08 to R.L. Larson 13 16 17 18 1 1 15 2 —— — 2 25 2 21 ---22-- 23 ASC s op drawings stam ed 0 film - 2 29 30 31 28 1/7/2010 1:42 PM 3 Joe MacPherson August 2008 August 2008 S M T W T F September 2008 S 1 S M T W T F S 3 17 4 1'1910 11 5 6 7 9 12 13 14 15 16 20 21 22 23 1 2 89 14 15 16 3 4 5 6 10 11 12 13 17 18 19 20 24 31 25 26 27 28 29 30 21 22 23 28 29 30 24 25 26 27 Monday Tuesday Wednesday Thursday Friday Sat/Sun A ust 1 Eby Stuart Ste h n 3 6 'back to R.L. Larson from H 8 1 11 12 13 SC rcvd approved sho drawin C requested PUmP motor FLA 1 1 1 18 19 20 21 2 ASC rcvd um motor FLA 2 25 26 27 28 29 3 31 Joe MacPherson 4 1/7/2o10 1:42 PM September 2008 Ober 2008 September 2008 S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 4 7 8 9 S0 it 12 13 5 6 7 8 9 10 11 14 15 16 17 18 19 20 12 13 14 15 16 17 16 21 22 23 24 25 26 27 19 26 20 21 22 23 24 7 28 29 30 31 25 28 29 30 Wednesday 3 Thursday 4 Friday 5 Bollards installed Sat/Sun Monday September 1 Tuesday 2 Contrail final comp. date MH castings installed Site restoration - -- -- 13 8 1 16 10 17 11 18 -- 12 19 i 2 2 2 25 26 2 22 23 28 29 30 5 1/7/2010 1:42 PM Joe MacPherson October 2008 ° S M l 5 6 7 12 13 14 19 20 21 26 27 28 TueSday Wedn ThuWay October 2 8 9 13 1 1 1 20 21 22 23 2 28 2 3 01 lna MarPh,-mnn 1/7/2010 1:42 PM 0 0 0 Joe MacPherson 1/7/2010 1:42 PM 7anuary 2009 January 2009 5 M T W T 1 4 5 6 7 B 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 f 5 2 3 9 10 16 17 23 24 30 31 S M 1 2 B 9 15 16 22 23 February 2009 T 11 T F 5 3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 Monday Tuesday Thursday Wednesday ]anus 1 2009 Friday 2 Sat/Sun 3 8 6 7 —_ Site visit w/Stuart Stephens Aw l,&#A1l'L7.Sf1B - - 9 1 11 12 13 14 15 16 1 18 19 20 21 23 2 2 26 27 28 29 27 30 31 Joe MacPherson 9 1/7/2010 1:42 PM February 20 0 9February Monday Tuesday Wednesday 5 M 1 2 19 15 16 22 23 Thursday 2009 T W T 3 4 5 10 11 12 17 18 19 24 25 26 F S 6 7 13 14 20 21 27 28 Friday S M 1 2 8 9 15 16 22 23 29 30 March 2009 T W T F S 3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 31 Sat/Sun February 3 6 13 1 8 - 10 11 1 1 Letter sent to R.Lr* 1 1 18 regarding r jest status and 19 20 21 2 23 2 2 2 27 28 Joe MacPherson 10 1/7/2010 1:42 PM 0 0 March 2009 Apra 2009 SM T W T F S 5 M T W T F 5 March 2009 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 Thursday Friday Sat/Sun Monday Tuesday Wednesday -March 6 3 13 1 1 11 1 1 1 18 19 2 2 1 2 26 2 2 23 2 2 2 3 3 1/7/2010 1:42 PM 11 Joe MacPherson 1/7/2010 1:42 PM —AO May tuuy------ May 2009 3 9 7 M T W T F M T 10 T F 5 1 2 1---i- 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 Mond a Tuesday Wednesday Thursday Friday Sat/Sun y Ma 1 3 4 5 6 13 8 1 1 15 1 11 12 1 18 19 20 27 21 22 23 28 29 25 26 3 31 Lift station shutdown ibit 1/7/2010 1:42 PM Joe MacPherson 1J u n e z 0 09 June 2009 July 2009 S M T W T F 5 5 M T W T F S 1 2 3 4 5 6 7891011 9 10 11 12 13 5 14 15 I6 17 18 19 20 12 21 22 23 24 25 26 27 1 2 3 4 6 7 8 9 10 11 13 14 15 16 17 18 19 28 29 30 26 20 21 22 23 24 25 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Sat/Sun t to discuss shutdown ! -----g - is 3 Pum 3(new Pump) out for repair - - 5 6 Pum 1 (existing pump) out for repairs __.._ LS operating ump`2 m s availablej2 Automatic Systems onsite VFDs inoperable Pum 3 new pum out for re a OpgLiltiAon 1_ptm-(2jiump 9 --- - -- — 12� --- - 13 Pump 3 (new pump) out for repair - - LS operating_on i_p4mp/2 um _s available/2 VFDs inoperable Letter to EIM from ASC resardin 9 �hibitC 'VFD-repairosts 1 Pump 3 new pump) out for repa -- — - LS 09 erating_on 1 pumpf2_pump 15 16 - - 17 - - -- 18 19 _ -- - - 20 Pum 3 new um out for repair 21 Pump 3 (new pump out for repa LS operating on 1 pumpL2ump_ 22 - -- - 23 24 2 - -- - 26 Pump 3 new pumpl out for repair 2 - - LS operatin on 1 = - - 28 mp 3 new um out for repa 0 1 - - - --- -- - Pum 3 new um out for -repair LS�eratin on loe MacPherson ,A 1/7/2010 1:42 PM 4;00 o. AUTOMATIC SYSTEMS CO. January 6, 2010 Mr. Paul Fulkerson Electrical Installation & Maintenance Co. 1480 County Road 90 Maple Plain, Mn. 55359 Reference: Otsego, MN — Quaday Lift Station Dear Paul: Our order from EIM for the Otsego, MN Quaday Lift Station totaled $45,525.00 including tax. To date we have received $35,525.00 in payments leaving a balance of $10,000.00 or 22% retainage that is now more than 8 months overdue. It has come to our attention that the general contractor has been paid down to $10,000.00 on a $208,750.00 contract or 4.8% retainage. This is in direct violation of state statute "471.425 PROMPT PAYMENT OF LOCAL GOVERNMENT BILLS" which requires the general contractor to pay his sub- contractors within ten days of receipt of payment from the municipality. Please be advised that we will aggressively pursue collection of our remaining balance through all available means including legal if necessary. We also have been informed that the City may be pursuing liquidated damages on this project. In response we offer the following: The contract included a total of 108 days from bid date to final completion. Automatic Systems waited 21 days for an order, 5 days for the engineer to provide existing drawings, 36 days for submittal approval, 7 days for the motor Full -Load -Amps and 4 days waiting for paint color confirmation for the air conditioner. That is a total of 73 days or 68% of the total contract time that was spent due to delays beyond our control. And this only accounts for time up to the shipment of the control panel, additional delays can be documented after the panel was in the field. if you consider that the contract duration includes two holidays (Memorial Day and Independence Day) this leaves only 24 weekdays to engineer, manufacture, program, install, field modify, test, startup and provide training. It is simply not possible to complete 100% of a project in 32% of the time. A full third of the contract time was spent for control panel submittal review, it literally took less time to prepare the submittal data/drawings than it did to review the submittals. CONTROLS MECHANICAL EQUIPMENT MANUFACTURERS REPRESENTATIVES • MAIN OFFICE: P.O. BOX 120359 ST. PAUL, MINNESOTA 55112 PHONE 651-631-9005 (FAX) 651-631-0027 0 BRANCH OFFICE: • P.O. BOX 787 AMES, IOWA 50010 PHONE 515-232-4770 (FAX) 515-232-0795 January 6, 2010 Page 2 Otsego, MN • Automatic Systems Company specifically quoted delivery dates that could be met. Our quotation is our only offer of sale and stated 8-10 weeks for submittal approval and 10-12 weeks for equipment delivery for a total of 18-22 weeks. We produced submittals in 4 weeks and equipment in 15 weeks for a total of 19 weeks, well within our quoted deliveries. • The terms and conditions of our quotation clearly states "AUTOMATIC SYSTEMS CO. SHALL NOT BE HELD RESPONSIBLE FOR, OR SHALL ACCEPT ANY BACKCHARGES FOR LIQUIDATED DAMAGES RESULTING FROM FAILURE OF THE CONTRACTOR TO COMPLETE THE PROJECT CONTRACT ON TIME, OR ANY EXTRA ENGINEERING COSTS NECESSITATED BY THE CONTINUANCE OF WORK BEYOND THE SPECIFIED COMPLETION DATE. AUTOMATIC SYSTEMS CO. ANTICIPATES DELIVERY OF APPROVAL DRAWINGS AND MATERIAL/EQUIPMENT IN ACCORDANCE WITH THE PERIODS STATED ON PAGE I OF THIS PROPOSAL". • A complete project time line is attached for reference. If you review the time line you will notice that ASC made multiple requests for information throughout the submittal/approval process in an effort to expedite the project. Despite our efforts we never did received a response to our multiple requests for the status of the pump 3 seal failure module, we were delayed due to numerous pump problems, our equipment was damaged by an unauthorized service organization, etc., etc, etc. Automatic Systems Company has incurred significant additional expense throughout the duration of the project that up to this point we have been willing to absorb in the spirit -of - cooperation. Should liquidated damages continue to be a topic of discussion we will have no choice but to issue an invoice for the following expenses and aggressively pursue collection through all means necessary: 5/4/07 ASC provided design assistance to HA/Barr through existing drawings, phone calls and sending a service technician to the site. 4.0 hours @ $120.00/hour for a total of $480.00. Waived travel and mileage since we were in the area for other work. 9/21/07 ASC provided additional design assistance to HA/Barr including phone calls, a second site visit by an application engineer and emailing pictures to Barr. 3.5 hours @ $160.00/hour plus travel and mileage for a total of $598.00. 3/20/08 Reviewed design philosophy with Barr. 2.0 hours @ $160.00/hour for a total of $320.00. 3/26/08 Additional design review with Barr. 2.0 hours @ $160.00/hour for a total of $320.00. January 6, 2010 Page 3 Otsego, MN 1/5/09 ASC had to purcho�materials $ build plus $85.35 tinallow materialsfnra total of in the bitter cold. 4.0 h @120.00/hour $565.35. 1/5/09 Changed the scaling of the wetwell per the request of People's Service 1.0 hour at $160.00/hour for a total of $160.00. 1/19/09 Changed the scaling of the wetwell again per the request of People's Service 1.0 hour at $160.00/hour for a total of $160.00. 6/1/09 Service call to troubleshoot VFD damage and defective pump after the control panel was service by an unauthorized and unqualified service organization. 6.0 hours at $120.00/hour for a total of $720.00. 6/17/09 Extra service trip to install the seal failure module. This module was requested for installation in our control panel back on 8/22/08, 12/31/08 and again on 2/25/09. 6.0 hours at $120.00/hour plus travel and mileage for a total of $758.00 6/17/09 Warne with People's Service called after we had left the site indicating they received an overtemp alarm on pump 3. ASC pulled a service engineer off another project to assist with troubleshooting and after the pump was removed by the People's Service it was determined that an 8" piece of PVC pipe was lodged in the pump, along with other debris. The obstruction was removed and the pump ran fine. 3.0 hours of emergency service at $240.00/hour plus travel and mileage for a total of $748.50. 10/2/09 ASC replaced the control boards on the VFDs damaged when the lift station was serviced by Tri-State on 5/31/09. Materials $1923.30, freight $30.00, $135.00 tax, 4.0 at $120.00/hour plus travel and mileage for a total of $2568.30. Grand total of $7398.15. We are amazed at how the contract schedule was compressed yet the last guys on site are somehow expected to turn back time and make up for all past delays. If you consider that 68% of the contract time was lost due to delays beyond our control before we could even begin the manufacturing process, coupled with the fact that pump failures occurred on at least 4 occasions and the third pump was not even installed until many weeks after the project completion date, it is obvious that ASC was not the source of the project delays. January 6, 2010 Page 4 Otsego, MN We look forward to immediate payment down to the 4.8% retainage, the same level as the general contact. Please provide written confirmation of payment status on or before January 8`h, 2010. This is your final opportunity to settle this matter quickly and amicably. Should you fail to comply with the January 8`h, 2010 deadline we will forward all project documentation to our legal department to take whatever steps are necessary to protect our interests. Should it be necessary to file suit, and/or file a lien on the General Contractor's Bond, we will request prejudgment and post judgment interest, court cost and all additional attorney's fees incurred in the prosecution of such an action, as allowable by law. Sincerely, Lane Stewart Automatic Systems Co. Cc: Mr. Brent Hamak — R.L. Larson Excavating, Inc. Mr. Ron Wagner — Hakanson Anderson Mr. Bruce Wirth — ASC President AUTOMATIC SYSTEMS CO. Otsego, MN — Quaday Lift Station Project Timeline: 5/20/08 Project bid date 6/10/08 ASC received an order (3 weeks or 20% of total contract time) 6/11/08 ASC released the project into engineering 6/19/08 ASC requested drawings of the existing equipment. 6/24/08 ASC received requested drawings from the engineer (5 days or 5% of total contract time). 7/9/08 ASC completed the engineering and sent submittals to EIM. 8/13/08 ASC received a "No Exceptions Taken" submittal approval (5 weeks or 33% of total contract time). 8/14/08 ASC made a second requested for the missing motor FLA information to allow proper sizing of the motor starting components. This information was first requested in tab 2 sheet 20080616.2.8 of the submittal. 8/21/08 ASC received the requested motor FLA (7 days or 6% of total contract time). 8/22/08 ASC confirmed the motor FLA to the contractor, released the equipment for production and formally requested the pump 3 seal failure module (provided by others). 11/17/08 ASC requested the air conditioner paint color from Barr. 11/21/08 ASC received the requested paint color from the engineer (4 days or q% of total contract time). 12/5/08 Control Panel shipped to EIM. 12/15/08 ASC received notice from EIM that the panel was set in place allowing field modifications to the existing control panel. 12/18/08 ASC began interconnection between the new and old panel. Station continued to operate from the existing across -the -line starters. 12/19/08 Per a conversation with Joe MacPherson ASC was informed that the City had pump 2 out for service and pump 3 had not yet been installed by the contractor. Joe MacPherson was going to check with the general contractor and Kurt with People's Service to see when pump 3 was to be installed. 12/22/08 The switch from the old controls to the new controls was postponed to 1/5/09 under the direction of Joe MacPherson. MANUFACTURERS REPRESENTATIVES * MAIN OFFICE: P.O. BOX 120359 0 BRANCH OFFICE: P.O. BOX 787 CONTROLS MECHANICAL EQUIPMENT ST. PAUL, MINNESOTA 55112 PHONE 651-631-9005 (FAX) 651-631-0027 AMES, IOWA 50010 PHONE 515-2324770 (FAX) 515-232-0795 January 6, 2010 Page 2 Otsego, MN 12/31/08 12/31/08 V/ 1/6/09 ASC sent an email to Joe MacPherson requesting the status of all three pumps. Joe MacPherson sent a response to ASC that Kurt was still trying to determine if they would repair or replace the defective pump. EIM finished their wiring and Pumps 1 & 2 were placed on-line in automatic. 2/16/09 2/25/09 / V 2/25/09 4/30/09 5/4/09 -X5/11/09 Pump 3 was not available and the flow meter was not yet electrically installed. ASC received a copy of a letter from Joe MacPherson to R.L. Larson stating all work was complete with the exception of the control panel yet we had still not received a response to our 12/31/09 request for status of the third pump or the status of the seal failure module requested on 8/22/09. ASC provided additional testing on pump alternation, pump control, flow control and provided training. ASC responded to Joe MacPherson's letter and made a third request for the status of the third pump and the seal failure module. ASC received a punch list developed by Stuart Stephens that included 9 items. ASC was notified by Kurt with People's Service that the third pump would be installed on 5/7/09. At this point Automatic Systems Company had not received any payment on the project and began making requests for the status of payment on our 12/9/09 invoice in the amount of $37,285.00 that was now 5 months old. ASC received a call from Al with EIM who had received a call from Joe 5/29/09 5/31/09 MacPherson to report that the third pump was installed, they powered the VFD but it did not run. We were also informed that the pay request was being signed paying the project down to $10,000.00 and would go to the City on the 26h. ASC was notified of a meeting scheduled for 6/1/09 to discuss the project. The City had a problem with pump no. 2 and called Tri-State rather than calling Automatic Systems Company. Tri-State pulled both pumps and according to their 6/1/09 service report ended up clearing debris from pump 2. ASC's Service Engineer met Kurt with People's Service at the site. A pump had failed the previous night and Kurt had the remaining pump operating in hand at 100 GPM when we arrived. ASC's Service Engineer discovered that the cables from the VFDs to the associated interface modules had been switched around and (/ 6/1/09 VFD 1 & 2 had been damaged. ASC's Service Engineer also found that the motor leads had been swapped around. ASC's Service Engineer determined pump 2 motor leads where shorted to ground. With the assistance of People's Service ASC placed the remaining pump in lead and in auto. A meeting was held at HA to discuss project with Ron Wagner, Joe MacPherson, Doug Moen, Al Klein and Automatic Systems. /674/09 V ASC received notice that the pump 3 motor had failed and was being pulled for repair/replacement. ASC also received notice that two of the VFDs had issues (no mention that they were damaged by Tri-State). January 6, 2010 Page 3 Otsego, MN 6/5/09 ASC sent an email to RL Larson and EIM advising them that the drives had been ASC work on the lift station and damaged when someone other than performed that we were in the process of determining the repair costs. W.W. Goetsch had been on site earlier / 6/5/09 L/ ASC's Service Engineer was on site after in the day. ASC's Service Engineer found wetwell pump 2 was wired into VFD 3 and the overtemp circuits for pumps 1 & 2 were jumpered out. to confirm the pump 3 seal failure and 6/10/09 ASC's Service Engineer was on site overtemp circuitry. The seal failure module was still not present. 6/12/09 ASC sent a cover letter with the cost of VFD repairs to our customer, EIM. 6/19/09 ASC sent a second copy of the VFD repair cost to our customer, EIM. t/ 8/25/09 ASC faxed a copy of the VFD repair proposal to Doug at RL Larson. ASC a letter from RL Larson claiming VFD repairs should be warranty 8/26/09 received and that they were also looking for someone to cover the cost of the Tri -State's 9/1/09 invoice. ASC sent a letter responding to the 8/26/09 letter requesting a meeting also j requesting the name and address of the bonding company. Brent with RL Larson requested a meeting for 9/15/09 at 9:30 AM at HA. 9/3/09 9/3/09 Joe MacPherson responded stating he would check the schedule and get back to 9/11/09 Brent. ASC requested an update if the meeting had been confirmed. V v 9/17/09 ASC received a request from Brent with R.L. Larson for the shop pictures was wired when it was delivered. 9/17/09 confirming the panel properly ASC responded to Brent with R.L. Larson stating we would bring the pictures to 10/2/09 the meeting and again asked for the meeting date. ASC's Service Engineer replaced the control boards on VFD 1 & 2. a� 10/13/09 ASC's Service Engineer found one of the VFD control boards that was recently board was dispatched and installed the same replaced was not functioning, a new day. Even after the drive repair pump 1 would not run. After swapping pumps and drives it was determined that the City/People's Service had a problem with pump 1. People's service was going to pull the pump the next day. ITEM 9-3 MEMORANDUM TO: Honorable Mayor and City Council FROM: Ronald J. Wagner, City Engineer CC: Mike Robertson, City Administrator Tami Loff, City Clerk Gary Groen, Financial Director Kurt Neidermeier, Water/Wastewater Operator Andy MacArthur, City Attorney DATE: January 712010 RE: Rockwoods Illicit Discharge Rockwoods illegal connection to the City of Otsego storm sewer system was rectified on December 18, 2009 and verified by the Building Department. As you may recall, the dishwasher and nearby floor drains were found to be connected to the buildings rain leaders and then to Otsego's storm sewer system. Rockwoods management was helpful in determining the source and quickly rectified the problem. During, discussions with Rockwoods management, I stated that the cooperation and promptness in remedying the situation would likely cause Council to negate any fines, but the Council would likely bill for City's cost to administrate, investigate, verify correction, etc. I have determined Hakanson Anderson's cost to be $1,416.77. People Services have 4 hours of time and $85 in supplies. Council direction to the City Staff as to invoicing Rockwoods and for what amount is requested. I will be available at the next Council meeting if you have any questions. ot901hmccmemol Rockwoods Storm Sewer Investigation Billable Time and Material PeopleService Inc. Oct — Nov 2009 Time 2 site visits Initial meet Investigation Scheduling Material order Time total 4 hrs Material 3 dyes, tax, shipping $85 Page 1 of 2 Ron Wagner From: Ron Wagner Sent: Wednesday, January 06, 2010 2:12 PM To: 'Kathy Grover' Subject: RE: deferred assessment Yes thanks think II have the total now 'Gct —520.77 Nov — 594.50 Dec — 301.50 Total $1,416.77 That is w wi bring to the council for possible billing to Rockwoods. From: Kathy Grover [mailto:finance@ci.otsego.mn.us] Sent: Wednesday, January 06, 2010 2:01 PM To: Ron Wagner Subject: RE: deferred assessment Thanks Did you get my message about Rockwoods Total of $520.77 all on one invoice dated 11/25 invoice # 26153 From: Ron Wagner [mailto:RonW@hakanson-anderson.com] Sent: Wednesday, January 06, 2010 1:56 PM To: Kathy Grover Subject: RE: deferred assessment We have little on the agenda tomorrow so late morning should work fine. I think we can set it up that he could pay the interest (same amount) each year if he wants — he could also pay it down as he may want. Ron From: Kathy Grover [mailto:finance@ci.otsego.mn.us] Sent: Wednesday, January 06, 2010 1:53 PM To: Ron Wagner Subject: deferred assessment Hi Ron — Hoping you can help me here Tim Neibling at 15647 90th Street PID 118-500-221203 1/6/2010 ITEM 10_1 CONSULTING SERVICES AGREEMENT This Agreement is made as of , 200_ (the "Effective Date"), by and between GIS RANGERS, ("GIS RANGERS" or "Contractor") and the City of Otsego ("Client" or "City of Otsego"). GIS RANGERS and Client are collectively referred to as "Parties" and individually as a "Party." WHEREAS, City of Otsego requires services to be provided for GIS support; WHEREAS, Contractor desires to and is capable of providing the necessary services according to the terms and conditions stated herein; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the Parties agree as follows: TERM 1.1 The term of this Agreement shall be January, 2010, to December 31, 2010, unless earlier terminated by law or according to the provisions of this Contract. 1.2 Client may terminate the Services to be provided under this Agreement in whole or in part at any time, upon 30 days written notice to GIS RANGERS, setting forth the portion of the Services affected, and the date on which said termination is to be effective. In the event of any such termination, Client will pay GIS RANGERS for all Services satisfactorily performed to the date of cancellation. 1.3 Client may renew the term for an additional year by providing GIS RANGERS at least sixty days' notice prior to the then -current Term's expiration. If GIS RANGERS agrees to the extension, then the Term shall be extended, on the same terms and conditions as set forth in this Agreement. Neither a termination notice nor a termination will waive any of the terminating Party's rights or remedies. 2. CONTRACTOR'S OBLIGATIONS Contractor shall provide the following services generally described as GIS Services, including but not limited to the tasks outlined in Section 3. SERVICE FEES. 3.1 GIS RANGERS's fees for Services are set forth below in this paragraph ("Service Fees"). Service Fees do not include any taxes that may be due based on the Service Fees, for which Client agrees to pay directly or reimburse GIS RANGERS. Client will be invoiced on a monthly basis for the hours worked on each task per month. Invoices will refer to each task and billable rate charged for that task. The application development and maintenance tasks have been differentiated as there will be a completion date for an application after which subsequent work on that application will fall under GIS maintenance. The GIS RANGERS Project Manager will advise the City when GIS RANGERS considers an application to be complete. Professional GIS staff billing rates are as follows: Project manager = $100/hr Developer = $90/hr GIS Specialist = $65/hr GIS Maintenance and Application Development (Please See Exhibit A for detailed scope, time and cost estimate) Billing will be invoiced at the actual hours spent each month on GIS Services work at the applicable rate. 3.2 GIS RANGERS shall submit invoices to Client for the Services completed in accordance with this Agreement. All invoices are due within thirty days after invoice date. 3.3 If Client disputes any portion of a GIS RANGERS invoice, then Client will: (a) pay any amount not in dispute by the due date; and (b) within five business days after receipt of that invoice, inform GIS RANGERS in writing of the disputed amount and the specific reason(s) for withholding payment. On GIS RANGERS receipt of this, the Parties will work together in good faith to resolve such disputes in a prompt and mutually acceptable manner. Client agrees to pay any disputed amounts within five days after the issues have been resolved. 3.4 Client shall have the right to request changes within the scope of the Services; however, all such changes are subject to acceptance by GIS RANGERS. If any change causes an increase or decrease in the fees, or in the time required for performance, prior to commencing the services required by the requested change, GIS RANGERS shall notify Client of F) such increase or decrease and the Agreement shall be modified in writing accordingly. GIS RANGERS shall not proceed with any change until a written amendment has been accepted by GIS RANGERS; however GIS RANGERS right to payment for such change shall not be affected in the event GIS RANGERS agrees in writing to proceed prior to the completion of such amendment. 3.5 Payments will be adjusted annually on the anniversary of the Agreement based upon changes to the Consumer Price Index ("CPI") over the previous year. The payments will be the increased or decreased by a percent equal to the percentage change in the CPI. 4. LIMITED WARRANTY AND REMEDY. 4.1 GIS RANGERS warrants that the Services will be performed in a safe, professional and workmanlike manner consistent with the applicable industry standards and this Agreement. 4.2 GIS RANGERS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, A CUSTOM OR USAGE OF TRADE. 5. DISPUTE RESOLUTION. 5.1 This Agreement will be construed and enforced according to the laws of the State of Minnesota, without regarding to its conflicts of law rules. Any litigation regarding this Agreement must be filed and maintained in the state or federal courts of the State of Minnesota and the Parties consent to the personal jurisdiction of such courts. No provision of this Section 5 will preclude either Party seeking injunctive relief to prevent immediate or irreparable harm to it, but the mediation stated in Section 5.3 will otherwise be fully exhausted before the commencement of any litigation. 5.2 EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. Any lawsuit or other action, regardless of form, relating to this Agreement, including, without limitation, an action for breach of warranty, must be commenced within one year after the later of (a) date on which the breach of warranty or other cause of action occurred; or (b) date on which that Parry knew or should have known of that breach of warranty or other cause of action. Q 7. 5.3 Prior to commencement of any litigation regarding this Agreement, the Parties agree to non-binding mediation to resolve any dispute they may have. The mediation will be conducted by a mutually selected mediator (or if the Parties cannot agree, by a mediator selected by the CPR Institute for Dispute Resolution), in accordance with the CPR Institute's Model Procedure for Mediation of Business Disputes. The Parties will each pay its own attorneys' fees and will share equally the other mediation costs. While this mediation will be non-binding in all respects (except agreements in settlement of the dispute negotiated by the Parties), each Party will appear when directed by the mediator, be fully prepared to work toward the dispute's resolution, and participate in good faith. If the mediation does not result in a mutually satisfactory resolution of the dispute within ninety days after it is begun, either Party may commence an action as permitted under Sections 5.1 and 5.2. The one-year limitations period stated in Section 5.2 will be tolled during the pendency of any on-going mediation, but in any event, any action or lawsuit must be commenced under Section 5.2 within eighteen months. All negotiations between the Parties pursuant to this Section 5 will be treated as compromise and settlement negotiations for purposes of the applicable rules of evidence. LIMITATION OF LIABILITY. NEITHER PARTY WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO THE SERVICES, THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT. AUTHORIZED REPRESENTATIVE Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. To Contractor: President GIS RANGERS 2434 Virginia Circle Roseville, MN 55113 4 City of Otsego: City Administrator City of Otsego 8899 Nashua Ave. NE Otsego, MN 55330 8. GENERAL PROVISIONS 8.1 This Contract is the final statement of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. 8.2 If any of this Agreement's terms are, for any reason, held invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, this Agreement will be deemed severable and such invalidity, illegality or un- enforceability will not affect any of this Agreement's other provisions, all of which will be enforced in accordance with this Agreement. 8.3 GIS RANGERS will not be responsible for the delay in its performance of any obligation under this Agreement caused by acts of God, legal restrictions, or any other similar conditions beyond the control of GIS RANGERS. 8.4 In addition to the City of Otsego and with approval of GIS RANGERS, this Agreement may be extended for use by other municipalities/government agencies within the State of Minnesota. Any such usage by other entities must be in accordance with the ordinance, charter and/or procurement rules and regulations of the respective political entity. Pricing for such usage will be in accordance with hourly rates contained in this Agreement. 8.5 Ownership of data and documents. Any reports, studies, photographs, databases or other documents, whether in tangible or electronic forms, prepared by GIS RANGERS in the performance of its obligations under this Agreement and paid for by the Client shall be the exclusive property of the Client and all such material shall be remitted to the Client by GIS RANGERS upon completion, termination or cancellation of the Agreement. 8.6 Ownership of web mapping application. Nothing in this Agreement is intended to transfer title or ownership of intellectual property rights from one party to the other. Any software provided to the Client by GIS RANGERS shall be subject to the software license agreement attached hereto. GIS RANGERS grants to Client a perpetual, non-exclusive, non -transferable license to use the Web Mapping Application Software and accompanying documentation ("Software"), solely in connection with the GIS Consulting Services Agreement, and solely for its internal, business proposes. In the event GIS RANGERS ceases to exist as a business, the CLIENT will have access to the source code of the web mapping application to enable the CLIENT to continue to utilize the application and may use internal support or a third party to complete any changes but may not transfer the license to third party. In the event the GIS Consulting Services Agreement is cancelled by either party, the CLIENT will have access to the source code of the web 5 mapping application to enable the CLIENT to continue to utilize the application. However, the CLIENT shall not modify, distribute or create any derivative work based upon the Software, in whole or in part. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date(s) indicated below. CONTRACTOR By: Title: Date: 2 CITY OF OTSEGO By: Title: Date: Exhibit WA Contractor shall provide the following services generally described as GIS Services, including but not limited to: • Acquire GIS data where needed • Adding links to GIS data for scanned documents • Maintain and edit all GIS datasets where needed • Create new datasets by: o Heads up digitizing o Merging new datasets o Spatial analysis o Geoprocessing o Geocoding • Create and update GIS maps • Advise on GIS projects and software • Maintain and keep records of GIS -related software and software licenses • Maintain GIS related web pages and web mapping applications • Maintain GIS ONESTOP web page • Maintain and update GIS web mapping site • Document processes related to GIS • Create and update GIS maps • Work with Wright County to acquire GIS and Assessor Updates • Printing of Large format maps • Metadata creation • Work with other consultants in regard to GIS data and applications • Quarterly progress meetings • One on One Training • GPS and Mobile GIS Support Other services to be billed at Developer rate: • Create and maintain Microsoft Access databases • Customize forms and reports using Microsoft Access • Custom GeoMoose updates • Custom ArcPad forms • Other GIS Custom Development Time/Cost Estimate The estimated maintenance hours are approximately three days per month. These hours will be billed on a monthly basis and can be adjusted as needed. 550 hours of GIS Specialist, 100 Developer hours, and 50 hours of Project Manager ($49,750) ITEM 12_7 Mike Robertson From: Larry Kruse [Ikruse@ci.albertville.mn.us] Sent: Monday, December 28, 2009 2:47 PM To: Mike Robertson Subject: Albertville Otsego Joint Meeting Mike, How does Tuesday, February 2nd at 7:00 p.m. work to meet jointly to discuss Otsego Creek, 70th Street, CSAH 19, 1-94 and any other issues our Council's may have? I believe last time it was in Otsego, so would we meet here? Larry Kruse P.O. Box 9 Albertville, MN 55301 (763) 497-3384 ext 100 ITEM 12_3 MEMO Date: January 7, 2010 To: Mayor & Council From: City Administrator Mike Robertson Re: Population Estimate, 2010 As of January 1, 2010 I estimate our population to be 14,647. I am estimating that our official census count on April 1, 2010 will be close to this number. On January 1, 2009 I had estimated our population to be 13,953. There were 94 permits pulled in 2009 for housing units. Twenty six of those were townhomes and sixty eight were single family. In addition, over the last few years for the purpose of population projections I assumed that approximately 150 homes were unoccupied. Based on what we are seeing this year we think most of those homes are now occupied and they are counted in this projection For those who are interested, the following assumptions were made to estimate Otsego's population; 1) Each newly occupied single family home is assumed to hold 3 occupants. 2) Each newly occupied town home is assumed to hold 2.5 occupants. 3) Births and deaths of the existing population are assumed to cancel each other out. cc: City staff ITEM 11_2 Tam! Loff Brom: Carol Swanson[cswanson@northlandsecurities.com] ant: Tuesday, January 05, 2010 8:44 AM ,,o: gary@ci.otsego.mn.us; tami@ci.otsego.mn.us Cc: Paul Donna Subject: City of Otsego Attachments: Certificate Resolution.DOC Gary and Tami, Attached you will find the Resolution Providing for the Issuance and Sale of the above Certificates to be considered at your January 11th meeting. We will provide you with a completed resolution for your meeting once the issue is priced. CAROL L SWANSON Fiscal Administrator NORTHLAND SECURITIES, INC. 45 South 7th Street Suite 2000 Minneapolis, MN 55402 Phone: 612-851-935 Fax. 612-851-5918 Email: cswansonC&northlanclsecurities.com Please do not transmit orders, instructions or identifying information regarding your Northland Securities, Inc. account(s) by e-mail. Action oriented messages, transaction orders, fund transfer instructions or check stop payments should not be transmitted by e-mail to Northland Securities, Inc. employees. Northland Securities, Inc. cannot be held responsible for carrying out such orders and/or instructions. Your Northland Securities, Inc. confirmation and monthly account statement are the official records of the firm and should be the documents that you exclusively rely upon. This is not an offer to purchase or sell securities. Information transmitted is believed to be reliable, but is not warranted by Northland Securities, Inc. Northland Securities, Inc. does not provide tax advice. If you do not wish to receive emails from our company, you have the following options:call the Branch Manager at 612-851-5992; fax the Branch Manager at 612-851-5955, or email IknutconCabnorthiandsecurities com E-mail sent through the Internet is not secure and could be intercepted by a third party. Northland Securities, Inc. and its affiliates reserve the right to monitor all e-mail. Northland Securities is a Member FINRA/SIPC EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA HELD: January 11, 2010 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Otsego, Wright County, Minnesota, was duly held at the City Hall on January 11, 2010, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $395,000 General Obligation Equipment Certificates of Indebtedness, Series 2010A. The following members were present: and the following were absent: Member adoption: introduced the following resolution and moved its RESOLUTION 2010-03 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $395,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2010A AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City of Otsego, Minnesota (the "City"), hereby determines and declares that it is necessary and expedient to issue $395,000 General Obligation Equipment Certificates of Indebtedness, Series 2010A of the City (the "Certificates"), pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, to finance the purchase of various equipment for the City (the "Equipment"); and B. WHEREAS, each item of equipment to be financed by the Certificates has an expected useful life at least as long as the term of the Certificates; and C. WHEREAS, the principal amount of the Certificates does not exceed one-quarter of one percent (0.25%) of the market value of the taxable property in the City ($1,266,920,200 times 0.25% is $3,167,301); and D. WHEREAS, the Certificates are being sold pursuant to a private sale as permitted by Minnesota Statutes, Sections 412.301 and 475.60, Subdivision 2(1); and E. WHEREAS, it is in the best interests of the City that the Certificates be issued in book -entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Otsego, Minnesota, as follows: 24459400 1. Acceptance of Offer. The offer of Northland Securities, Inc. (the "Purchaser"), to purchase the Certificates in accordance with the terms and at the rates of interest hereinafter set forth, and to pay therefore the sum of $ , plus interest accrued to settlement, is hereby accepted. 2. Certificate Terms. (a) Original Issue Date,• Denominations,• Maturities,• Term Bond Option. The Certificates shall be dated January 15, 2010, as the date of original issue, shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on July 15 in the years and amounts as follows: Year Amount 2011 $ 2012 2013 2014 2015 2016 2017 2018 2019 2020 As may be requested by the Purchaser, one or more term bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Certificate(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Certificates, and to this end: (i) The Certificates shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Certificate for each maturity of the Certificates; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Certificate shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Certificate. (ii) Upon initial issuance, ownership of the Certificates shall be registered in a bond register maintained by the Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). 2 244594Ox1 (iii) With respect to the Certificates neither the City nor the Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Certificates as securities depository (the "Participant") or the person for which a Participant holds an interest in the Certificates shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Certificates, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Certificates, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Certificates, or (D) the consent given or other action taken by the Depository as the Register Holder of any Certificates (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Certificates are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Registrar may treat as and deem the Depository to be the absolute owner of the Certificates for the purpose of payment of the principal of and premium, if any, and interest on the Certificates, for the purpose of giving notices of redemption and other matters with respect to the Certificates, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Certificates, and for all purpose whatsoever. The Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Certificates only to or upon the Holder of the Holders of the Certificates as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Certificates to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 9 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Certificate is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Certificate and all notices with respect to such Certificate shall be made and given, respectively, by the Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Certificates (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Certificates, collectively hereinafter referred to as the "Letter of Representations"). 3 24459400 (vii) All transfers of beneficial ownership interests in each Certificate issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Certificates. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Registrar may establish a special record date for such consent or other action. The City or the Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Certificates at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Certificate if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Certificate that the Beneficial Owners be able to obtain certificates for the Certificates, the Certificates shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Certificates shall designate at that time, in accordance with paragraph 9 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 9 hereof, the Certificates will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. 4 2445940vl (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Certificates shall provide funds to finance the Equipment. The total cost of the Equipment, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Certificates. 4. Interest. The Certificates shall bear interest payable semiannually on January 15 and July 15 of each year (each, an "Interest Payment Date"), commencing January 15, 2011, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity dates as follows: MagWV Year Interest Rate 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 5. Redemption. Certificates maturing on July 15, 2016, and thereafter, shall be subject to redemption and prepayment at the option of the City on July 15, 2015, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Certificates subject to prepayment. If redemption is in part, the selection of the amounts and maturities of the Certificates to be prepaid shall be at the discretion of the City. If only part of the Certificates having a common maturity date are called for prepayment, the specific Certificates to be prepaid shall be chosen by lot by the Registrar. Certificates or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Certificates at least thirty days prior to the date fixed for redemption. To effect a partial redemption of Certificates having a common maturity date, the Registrar prior to giving notice of redemption shall assign to each Certificate having a common maturity date a distinctive number for each $5,000 of the principal amount of such Certificate. The Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Certificates, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Certificates to be redeemed. The Certificates to be redeemed shall be the Certificates to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Certificate of a 5 2445940v1 denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Certificate is to be redeemed only in part, it shall be surrendered to the Registrar (with, if the City or Registrar so requires, a written instrument of transfer in form satisfactory to the City and Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Registrar shall authenticate and deliver to the Holder of the Certificate, without service charge, a new Certificate or Certificates having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Certificate so surrendered. 6. Registrar. Northland Trust Services, Inc. , in Minneapolis, Minnesota, is appointed to act as registrar and transfer agent with respect to the Certificates (the "Registrar"), and shall do so unless and until a successor Registrar is duly appointed, all pursuant to any contract the City and Registrar shall execute which is consistent herewith. The Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Certificates shall be paid to the registered holders (or record holders) of the Certificates in the manner set forth in the form of Certificate and paragraph 12. 7. Form of Certificate. The Certificates, together with the Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 6 2445940v1 UNITED STATES OF AMERICA STATE OF MINNESOTA WRIGHT COUNTY CITY OF OTSEGO R - GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF INDEBTEDNESS, SERIES 2010A INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP JULY 15, 20_ JANUARY 15, 2010 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Otsego, Wright County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above and to pay interest thereon semiannually on January 15 and July 15 of each year (each, an "Interest Payment Date"), commencing January 15, 2011, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Certificate will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Certificate are payable upon presentation and surrender hereof at the principal office of Northland Trust Services, Inc., in Minneapolis, Minnesota (the "Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Certificate will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Certificate is registered (the "Holder") on the registration books of the Issuer maintained by the Registrar and at the address appearing thereon at the close of business on the first day of the calendar month of such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date) fixed by the Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Holders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Certificate are payable in lawful money of the United States of America. So long as this Certificate is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Certificate and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution. Until termination of the book -entry only system pursuant to the Resolution, Certificates may only be registered in the name of the Depository or its Nominee. 7 244594Ox1 Optional Redemption. The Certificates of this issue (the "Certificates") maturing on July 15, 2016, and thereafter, shall be subject to redemption and prepayment at the option of the Issuer on July 15, 2015, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Certificates subject to prepayment; if redemption is in part, the selection of the amounts and maturities of the Certificates to be prepaid shall be at the discretion of the Issuer. If only part of the Certificates having a common maturity date are called for prepayment, the specific Certificates to be prepaid shall be chosen by lot by the Registrar. Certificates or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Certificates at least thirty days prior to the date fixed for redemption. Selection of Certificates for Redemption• Partial Redemption. To effect a partial redemption of Certificates having a common maturity date, the Registrar shall assign to each Certificate having a common maturity date a distinctive number for each $5,000 of the principal amount of such Certificate. The Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Certificates, as many numbers as, at $5,000 for each number, shall equal the principal amount of the Certificates to be redeemed. The Certificates to be redeemed shall be the Certificates to which were assigned numbers so selected; provided, however, that only so much of the principal amount of Certificate of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Certificate is to be redeemed only in part, it shall be surrendered to the Registrar (with, if the Issuer or Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Registrar shall authenticate and deliver to the Holder of the Certificate, without service charge, a new Certificate or Certificates having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Certificate so surrendered. Issuance• P=ose. General Obligation. This Certificate is one of an issue in the total principal amount of $395,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, which Certificate has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on January 11, 2010 (the "Resolution"), for the purpose of providing money to finance the purchase of various equipment for the Issuer. This Certificate is payable out of the General Obligation Equipment Certificates of Indebtedness, Series 2010A Fund of the Issuer. This Certificate constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Certificates are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Certificates of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Registrar, but only in the manner and 8 24459a0vl subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Registrar. Copies of the Resolution are on file in the principal office of the Registrar. Transfer. This Certificate is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Registrar upon presentation and surrender hereof to the Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Registrar. Thereupon the Issuer shall execute and the Registrar shall authenticate and deliver, in exchange for this Certificate, one or more new fully registered Certificates in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Certificate, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Certificate and any legal or unusual costs regarding transfers and lost Certificates. Treatment of Registered Owners. The Issuer and Registrar may treat the person in whose name this Certificate is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Certificate shall be overdue, and neither the Issuer nor the Registrar shall be affected by notice to the contrary. Authentication. This Certificate shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Registrar. Qualified Tax -Exempt Obli ag tion. This Certificate has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution, laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Certificate, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Certificate, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. E 244594OVI IN WITNESS WHEREOF, the City of Otsego, Wright County, Minnesota, by its City Council has caused this Certificate to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk -Treasurer, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Certificate is one of the Certificates described in the Resolution mentioned within. NORTHLAND TRUST SERVICES, INC., Minneapolis, Minnesota Registrar Authorized Signature Registrable by: NORTHLAND TRUST SERVICES, INC. Payable at: NORTHLAND TRUST SERVICES, INC. CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk -Treasurer 10 24459400 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Certificate, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Minor) Uniform (Cust) under the (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Certificate and does hereby irrevocably constitute and appoint attorney to transfer the Certificate on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Certificate in every particular, without alteration or any change whatever. Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- I5(a)(2). The Registrar will not effect transfer of this Certificate unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Certificate is held by joint account.) 11 2445940v1 8. Execution: Temporary Certificates. The Certificates shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Clerk -Treasurer and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Certificates as permitted by law. In the event of disability or resignation or other absence of either such officer, the Certificates may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Certificates shall cease to be such officer before the delivery of the Certificates, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive certificates, one or more typewritten temporary certificates in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary certificate. Such temporary certificates may be executed with photocopied facsimile signatures of the Mayor and Clerk -Treasurer. Such temporary certificates shall, upon the printing of the definitive certificates and the execution thereof, be exchanged therefore and canceled. 9. Authentication. No Certificate shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Certificate, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Registrar. Certificates of Authentication on different Certificates need not be signed by the same person. The Registrar shall authenticate the signatures of officers of the City on each Certificate by execution of the Certificate of Authentication on the Certificate and by inserting as the date of registration in the space provided the date on which the Certificate is authenticated, except that for purposes of delivering the original Certificates to the Purchaser, the Registrar shall insert as a date of registration the date of original issue, which date is January 15, 2010. The Certificate of Authentication so executed on each Certificate shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration,• Transfer; Exchange. The City will cause to be kept at the principal office of the Registrar a certificate register in which, subject to such reasonable regulations as the Registrar may prescribe, the Registrar shall provide for the registration of Certificates and the registration of transfers of Certificates entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Certificate at the principal office of the Registrar, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Certificates of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Certificate may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Certificates may be exchanged for Certificates of any Authorized Denomination or Denominations of a like aggregate principal amount and stated 12 24459aov1 maturity, upon surrender of the Certificates to be exchanged at the principal office of the Registrar. Whenever any Certificates are so surrendered for exchange, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration of, and deliver the Certificates which the Holder making the exchange is entitled to receive. All Certificates surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. All Certificates delivered in exchange for or upon transfer of Certificates shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Certificates surrendered for such exchange or transfer. Every Certificate presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Certificate and any legal or unusual costs regarding transfers and lost Certificates. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Registrar, including regulations which permit the Registrar to close its transfer books between record dates and payment dates. The Clerk -Treasurer is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Certificate delivered upon transfer of or in exchange for or in lieu of any other Certificate shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Certificate. 12. Interest Payment• Record Date. Interest on any Certificate shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Certificate is registered (the "Holder") on the registration books of the City maintained by the Registrar and at the address appearing thereon at the close of business on the first day of the calendar month of such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Registrar may treat the person in whose name any Certificate is registered as the owner of such Certificate for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Certificate and for all other purposes whatsoever whether or not such Certificate shall be overdue, and neither the City nor the Registrar shall be affected by notice to the contrary. 13 2445940x1 14. Delivery_ Application of Proceeds. The Certificates when so prepared and executed shall be delivered by the Clerk to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the General Obligation Equipment Certificates of Indebtedness, Series 2010A Fund" (the "Fund") to be administered and maintained as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Certificates and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Capital Account" and "Debt Service Account", respectively. (a) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Certificates less capitalized interest and less accrued interest received thereon. From the Capital Account there shall be paid all costs and expenses of the acquisition of the Equipment including all costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. The moneys in the Capital Account shall be used for no other purposes except as otherwise provided by law; provided that the proceeds of the Certificates may also be used to the extent necessary to pay interest on the Certificates due prior to the anticipated date of commencement of the collection of taxes herein levied. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) accrued interest received upon delivery of the Certificates; (ii) any collections of all taxes herein or hereafter levied for the payment of the Certificates and interest thereon; (iii) all funds remaining in the Capital Account after the payment of all costs of the Equipment; (iv) all investment earnings on funds held in the Debt Service Account; and (v) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest of the Certificates and any other general obligation certificates of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Certificates shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Certificates were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5%) of the proceeds of the Certificates or $100,000. To this effect, any proceeds of the Certificates and any sums from time to time held in the Capital Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the certificates payable there from) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to 14 2445940x1 the extent that such investment would cause the Certificates to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Tax Lew: Coverage Test. To provide moneys for payment of the principal and interest on the Certificates there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Lew Year of Tax Collection Amount See Attached The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Certificates, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Certificates. The tax levies shall be irrepealable so long as any of the Certificates are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Defeasance. When all Certificates have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Certificates shall cease. The City may discharge its obligations with respect to any Certificates which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Certificates, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due thereon to maturity. 18. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Certificates, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Certificates and any other certificates payable there from, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Certificate of Registration. The Clerk -Treasurer is hereby directed to file a certified copy of this resolution with the County Auditor of Wright County, Minnesota, together 15 2445940vl with such other information as the County Auditor shall require, and to obtain from the County Auditor a certificate that the Certificates have been entered in the County Auditor's Register and that the tax levy required by law has been made. 20. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Certificates, certified copies of all proceedings and records of the City relating to the Certificates and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Certificates as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 21. Compliance with Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Certificates, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Certificates, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Certificates. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Certificates or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. 16 2445940v1 (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Certificates and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Certificates are issued, shall be treated as made on the day the Certificates are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Certificates stating in effect that such action will not impair the tax-exempt status of the Certificates. 22. Negative Covenant as to Use of Certificate Proceeds and Eauitiment. The City hereby covenants not to use the proceeds of the Certificates or the Equipment or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Equipment, in such a manner as to cause the Certificates to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 23. Tax -Exempt Status of the Certificates: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Certificates, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Certificates, and (3) the rebate of excess investment earnings to the United States if the Certificates (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small -issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Certificates are issued by a governmental unit with general taxing powers, (2) no Certificate is a private activity bond, (3) ninety-five percent (95%) or more of the net proceeds of the Certificates are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Certificates are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 24. Designation of Qualified Tax -Exempt Obligations. In order to qualify the Certificates as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Certificates are issued after August 7, 1986; 17 2445940x1 (b) the Certificates are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Certificates as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code. (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2010 will not exceed $30,000,000; and (e) not more than $30,000,000 of obligations issued by the City during this calendar year 2010 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 25. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Certificate proceeds allocable to the payment of issuance expenses to the Registrar on the closing date for further distribution as directed by the Purchaser. 26. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 27. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by Member and, after a full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 18 2445940vl STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF OTSEGO I, the undersigned, being the duly qualified and Clerk -Treasurer of the City of Otsego, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of $395,000 General Obligation Equipment Certificates of Indebtedness, Series 2010A. WITNESS my hand on January , 2010. Clerk -Treasurer 24459400 19