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03-23-09 CCITEM 5-1 CLAIMS LIST CITY COUNCIL MEETING MARCH 23, 2009 TO: Judy Hudson Attached is the Claims List for the City Council. For more details, please refer to the check detail registers. CLAIMS REGISTER PAYROLL 03-11-2009 $ 16,335.82 03-18-2009 $ 58,142.14 03-11 -2009 $ 40,665.73 ELECTRONIC PYMTS FOR MARCH: Qwest Centerpoint Energy Dept. of Revenue -Fuel Tax Dept. of Revenue -Sales Tax Elk River Utilities Wright -Hennepin Delta Dental Total GRAND TOTAL $ 138,779.53 $ 110.86 $ 6,671.10 $ 343.49 (Feb) $ 0.00 $ 1,847.10 $ 13,579.42 $ 1,083.87 $ 23,635.84 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 03/11/09 9:03 AM Page 1 *Check Summary Register© MARCH 2009 Name Check Date Check Amt 10100 BANK OF ELK RIVER Paid Chk# 046987 COMDATA CORPORATION 3/10/2009 $45.11 DRY CLEANING Paid Chk# 046988 CITY OF OTSEGO 3/10/2009 $1,738.15 15800 87TH - COMMON AREA IRRIG Paid Chk# 046989 WRIGHT COUNTY RECORDER 3/11/2009 $46.00 HUEBNER/DOGUE SPOT IUP Paid Chk# 046990 ALLIANCE BENEFIT GROUP 3/11/2009 $595.23 PPE 3/7/09 CH DTD 3/11/09 Paid Chk# 046991 ICMA RETIREMENT TRUST 3/11/2009 $648.22 PLAN #304185 Paid Chk# 046992 OHW, LLC 3/11/2009 $8,878.70 ARBOR CRK #701-22349 ESCROW RE Paid Chk# 046993 PUBLIC EMPLOYEES RETIREME 3/11/2009 $4,338.41 #677600 PPE 3/7/09 Paid Chk# 046994 WRIGHT COUNTY RECORDER 3/11/2009 $46.00 VANVLEET/HYLO ACRES PRE/FNL PL Total Checks $16,335.82 FILTER: None CITY OF OTSEGO 03/11/09 9:03 AM Page 1 *Check Detail Register© MARCH 2009 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Paid Chk# 046987 3/10/2009 COBORNS INC E 250-42410-225 Uniforms/Clothing Allowance $45.11 M90609673 DRY CLEANING Total COBORNS INC $45.11 Paid Chk# 046988 3/10/2009 CITY OF OTSEGO G 701-22465 GREAT RIVER CTR $1,738.15 15800 87TH - COMMON AREA IRRIG Total CITY OF OTSEGO $1,738.15 Paid Chk# 046989 3/11/2009 WRIGHT COUNTY RECORDER E 101-41400-340 Recording Fees $46.00 HUEBNER/DOGUE SPOT IUP Total WRIGHT COUNTY RECORDER $46.00 Paid Chk# 046990 3/11/2009 ALLIANCE BENEFIT GROUP G 101-21706 Hospitalization/Medical Ins $595.23 PPE 3/7/09 CH DTD 3/11/09 Total ALLIANCE BENEFIT GROUP $595.23 Paid Chk# 046991 3/11/2009 ICMA RETIREMENT TRUST G 101-21705 Other Retirement $436.00 PPE 3/7/09 PLAN #304185 E 101-41400-121 PERA $212.22 PPE 3/7/09 PLAN #304185 Total ICMA RETIREMENT TRUST $648.22 Paid Chk# 046992 3/11/2009 OHW, LLC G 701-22349 ARBOR CREEK $8,878.70 ARBOR CRK #701-22349 ESCROW REDUCTION Total OHW, LLC $8,878.70 Paid Chk# 046993 3/11/2009 PUBLIC EMPLOYEES RETIREMENT FD E 602-49450-121 PERA E 601-49400-121 PERA E 250-42410-121 PERA G 101-21704 PERA #677600 PPE 3/7/09 E 101-43100-121 PERA E 101-41600-121 PERA E 101-41400-121 PERA Aal PUBLIC EMPLOYEES RETIREMENT FD $38.26 #677600 PPE 3/7/09 $38.27 #677600 PPE 3/7/09 $477.87 #677600 PPE 3/7/09 $2,041.61 #677600 PPE 3/7/09 $895.27 #677600 PPE 3/7/09 $448.41 #677600 PPE 3/7/09 $398.72 #677600 PPE 3/7/09 $4,338.41 Paid Chk# 046994 3/11/2009 WRIGHT COUNTY RECORDER E 101-41400-340 Recording Fees $46.00 Total WRIGHT COUNTY RECORDER $46.00 10100 BANK OF ELK RIVER $16,335.82 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $5,119.46 250 Comm. Dev. & Bldg Safety $522.98 601 WATER FUND $38.27 602 SEWER FUND $38.26 701 DEVELOPMENT ESCROWS FUND $10,616.85 $16,335.82 VANVLEET/HYLO ACRES PRE/FNL PLAT CITY OF OTSEGO 03/18/09 1:29 PM Page 1 *Check Summary Register© MARCH 2009 Name Check Date Check Amt 10100 BANK OF ELK RIVER Paid Chk# 046995 WRIGHT-HENNEPIN CO-OP ELE 3/16/2009 Paid Chk# 046996 AFFORDABLE SANITATION 3/18/2009 Paid Chk# 046997 AIRGAS, INC. 3/18/2009 Paid Chk# 046998 BATTERIES PLUS 3/18/2009 Paid Chk# 046999 BEAR ALARMS 3/18/2009 Paid Chk# 047000 BEVERLY KUMAR 3/18/2009 Paid Chk# 047001 CENTRAL MORTGAGE COMPAN 3/18/2009 Paid Chk# 047002 CHARLIE BROWNS 3/18/2009 Paid Chk# 047003 CITY OF ALBERTVILLE 3/18/2009 Paid Chk# 047004 CITY OF OTSEGO 3/18/2009 Paid Chk# 047005 COMMUNITY PARTNERS RESEA 3/18/2009 Paid Chk# 047006 CP TELECOM 3/18/2009 Paid Chk# 047007 CURT OTTERNESS 3/18/2009 Paid Chk# 047008 DEHMER FIRE PROTECTION 3/18/2009 Paid Chk# 047009 DEPT OF LABOR & INDUSTRY 3/18/2009 Paid Chk# 047010 EXECUTIVE TITLE NORTHWEST, 3/18/2009 Paid Chk# 047011 FINKEN'S WATER CARE 3/18/2009 Paid Chk# 047012 FIRST FINANCIAL TITLE 3/18/2009 Paid Chk# 047013 G & K TEXTILE LEASING SYSTE 3/18/2009 Paid Chk# 047014 GODFATHER'S PIZZA 3/18/2009 Paid Chk# 047015 GOPHER STATE ONE -CALL INC 3/18/2009 aid Chk# 047016 GRAINGER 3/18/2009 aid Chk# 047017 GREAT EXTERIORS 3/18/2009 Paid Chk# 047018 H & L MESABI 3/18/2009 Paid Chk# 047019 HEALTH PARTNERS 3/18/2009 Paid Chk# 047020 HOME DEPOT 3/18/2009 Paid Chk# 047021 JOHN WATERS JR. 3/18/2009 Paid Chk# 047022 LEAGUE OF MN CITIES 3/18/2009 Paid Chk# 047023 MENARDS 3/18/2009 Paid Chk# 047024 METRO WEST INSPECTION SVC 3/18/2009 Paid Chk# 047025 MONTICELLO ANIMAL CONTROL 3/18/2009 Paid Chk# 047026 OFFICEMAX 3/18/2009 Paid Chk# 047027 PETERBILT NORTH 3/18/2009 Paid Chk# 047028 PITNEY BOWES 3/18/2009 Paid Chk# 047029 PITNEY BOWES SUPPLIES 3/18/2009 Paid Chk# 047030 SNAP-ON TOOLS 3/18/2009 Paid Chk# 047031 SOFTRONICS, INC. 3/18/2009 Paid Chk# 047032 STEVE KRAFT 3/18/2009 Paid Chk# 047033 TERMINAL SUPPLY CO, INC. 3/18/2009 Paid Chk# 047034 TIM ROCHEL 3/18/2009 Paid Chk# 047035 TOM DARKENWALD 3/18/2009 Paid Chk# 047036 VERIZON WIRELESS 3/18/2009 Paid Chk# 047037 WRIGHT COUNTY RECORDER 3/18/2009 Paid Chk# 047038 XCEL ENERGY 3/18/2009 Total Checks r"ILTER: None $65.26 16348 70TH ST/TCM SYSTEM $274.00 FEB PORTA RENTALS $29.96 ACETYLENE/OXYGEN/HAZMAT $12.99 CUSTOM BATTERY PACK $4,601.87 1 YR MON - EAST WWTF $118.98 EASTER EVENT SUPPLIES $48.66 W/S REFUND - 15551 83RD ST $23.16 PROPANE $31,862.62 ENGINEERING FOR 70TH ST $335.33 5850 RANDOLPH - EAST WWTF $3,000.00 NSP APPLICATION SERVICES $607.45 TELEPHONE $17.00 REIMBURSE FOR SUPPLIES $409.87 ANNUAL FIRE EXT INSP/MAINT $30.00 AIR TANK INSPECTION $80.88 W/S REFUND - 6287 MARSHALL AVE $37.02 BOTTLED WATER $71.70 W/S REFUND - 12460 66TH ST $459.48 UNIFORMS & MATS $65.80 CC SPEC MTG - MEAL $37.70 LOCATE TICKETS $356.87 SAFETY SUPPLIES $120.00 SIDING PERM REF - 9201 91ST ST $646.50 CUTTING EDGES $6,121.70 APRIL MEDICAL $32.95 PW BLDG REPAIR SUPPLIES $1,450.93 ESC REFUND - ANGEL ACRES SUBDI $220.00 HEIDNER - FEB 2009 CONFERENCE $36.48 KEY BOX & MAILBOX SUPPLIES $810.00 BLDG INSP SVCS 2/9/09 - 2/13/0 $240.00 ANIMAL CONTROL $489.62 OFFICE SUPPLIES $86.31 FILTERS $588.00 PSTG METER/LETTER OPENER $141.61 INK CART/TAPE STRIPS $371.64 RETAINER CHUCK/AIR HAMMER $3,050.33 ADMIN - LABOR $5.00 W/S REFUND - 6311 MASON AVE $267.50 GROMMET, DRILL BIT KIT, FAST A $138.57 MILEAGE - ISTS SEMINAR $57.92 LEAGUE CONF LUNCH $145.83 LAP TOP SERVICE $46.00 ARBOR CRK 3 -1 ST ADDEN DEV AG $528.65 RIVERPOINTE LIGHTS $58,142.14 CITY OF OTSEGO 03/18/09 1:31 PM Page 1 *Check Detail Register© MARCH 2009 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Paid Chk# 046995 3/16/2009 WRIGHT-HENNEPIN CO-OP ELECTRIC E 101-43160-322 Utilities otal WRIGHT-HENNEPIN CO-OP ELECTRIC Paid Chk# 046996 3/18/2009 AFFORDABLE SANITATION $65.26 150-1682-4746 16348 70TH ST/TCM SYSTEM $65.26 E 101-45200-410 Rentals (GENERAL) $274.00 8156 FEB PORTA RENTALS Total AFFORDABLE SANITATION $274.00 Paid Chk# 046997 3/18/2009 AIRGAS, INC. E101-43100-210 Operating Supplies (GENERAL) $29.96 105078855 ACETYLENE/OXYGEN/HAZMAT Total AIRGAS, INC. $29.96 Paid Chk# 046998 3/18/2009 BATTERIES PLUS E 101-43100-402 Repairs/Maint Buildingss $12.99 33-121021 CUSTOM BATTERY PACK Total BATTERIES PLUS $12.99 Paid Chk# 046999 3/18/2009 BEAR ALARMS E 601-49400-390 Contracted Services $332.28 2790 1 YR MON - WEST WATER TOWER E 601-49400-390 Contracted Services $332.28 2791 1 YR MON - PH #2 E 601-49400-390 Contracted Services $332.28 2792 1 YR MON - PH #1 E 101-41950-310 Miscellaneous $332.28 2793 1 YR MON - OLD CITY HALL E 602-49450-390 Contracted Services $332.28 2794 1 YR MON - WEST WWTF E 601-49400-390 Contracted Services $332.28 2795 1 YR MON - BOOSTER STATION E 601-49400-390 Contracted Services $332.28 2796 1 YR MON - PH #3 E 601-49400-390 Contracted Services $332.28 2797 1 YR MON - PH #4 (RWN) E 601-49400-390 Contracted Services $332.28 2798 1 YR MON - EAST TOWER ON 70TH E 101-41940-390 Contracted Services $400.44 2799 1 YR MON - CITY HALL E 602-49450-390 Contracted Services $400.44 2800 1 YR MON - EAST WWTF E 101-43100-390 Contracted Services $478.19 2801 1 YR MON - PUBLIC WORKS E 601-49400-390 Contracted Services $332.28 2802 1 YR MON - EAST TOWER #3 ON 61ST Total BEAR ALARMS $4,601.87 Paid Chk# 047000 3/18/2009 BEVERLY KUMAR $3.20 11313 77TH - IRRIG E 101-45250-440 Recreation Programming $118.98 EASTER EVENT SUPPLIES E 101-45200-322 Total BEVERLY KUMAR $118.98 10400 71ST - IRRIG Paid Chk# 047001 3/18/2009 CENTRAL MORTGAGE COMPANY $3.20 R 601-37150 WATER SALES $48.66 W/S REFUND -15551 83RD ST Total CENTRAL MORTGAGE COMPANY $48,66 E 602-49450-322 Paid Chk# 047002 3/18/2009 CHARLIE BROWNS 7551 LANCASTER - WEST WWTF E 602-49450-322 E 101-43100-210 Operating Supplies (GENERAL) $23.16 28863 PROPANE Total CHARLIE BROWNS $23.16 Paid Chk# 047003 3/18/2009 CITY OF ALBERTVILLE E 211-42200-390 Contracted Services $31,743.87 2009026 1ST QTR FIRE SERVICES E 101-41560-302 Engineering Fees $118.75 2009032 ENGINEERING FOR 70TH ST Total CITY OF ALBERTVILLE $31,862.62 Paid Chk# 047004 3/18/2009 CITY OF OTSEGO E 101-45200-322 Utilities $3.20 11313 77TH - IRRIG E 101-45200-322 Utilities $3.20 15501 83RD - IRRIG E 101-45200-322 Utilities $3.20 10400 71ST - IRRIG E 101-45200-322 Utilities $3.20 6480 MASON - IRRIG E 602-49450-322 Utilities $3.22 7551 LANCASTER -WEST WWTF E 602-49450-322 Utilities $3.83 7551 LANCASTER - WEST WWTF E 602-49450-322 Utilities $10.35 7551 LANCASTER -WEST WWTF CITY OF OTSEGO 03/18/09 1:31 PM Page 2 *Check Detail Register© MARCH 2009 Check Amt Invoice Comment E 602-49450-322 Utilities $34.19 5850 RANDOLPH - EAST WWTF E 602-49450-322 Utilities $270.94 7551 LANCASTER -WEST WWTF Total CITY OF OTSEGO $335.33 Paid Chk# 047005 3/18/2009 COMMUNITY PARTNERS RESEARCH E 101-41400-390 Contracted Services $3,000.00 NSP APPLICATION SERVICES Total COMMUNITY PARTNERS RESEARCH $3,000.00 Paid Chk# 047006 3/18/2009 CP TELECOM E 101-41400-320 Telephone $151.86 TELEPHONE E 250-42410-320 Telephone $303.73 TELEPHONE E 101-43100-320 Telephone $151.86 TELEPHONE Total CP TELECOM $607.45 Paid Chk# 047007 3/18/2009 CURT OTTERNESS E 101-43100-210 Operating Supplies (GENERAL) $17.00 REIMBURSE FOR SUPPLIES Total CURT OTTERNESS $17.00 Paid Chk# 047008 3/18/2009 DEHMER FIRE PROTECTION E 101-43100-390 Contracted Services $365.21 2604 ANNUAL FIRE EXT INSP/MAINT E 250-42410-390 Contracted Services $22.33 2604 ANNUAL FIRE EXT INSP/MAINT E 101-41940-390 Contracted Services $22.33 2604 ANNUAL FIRE EXT INSP/MAINT Total DEHMER FIRE PROTECTION $409.87 aid Chk# 047009 3/18/2009 DEPT OF LABOR & INDUSTRY E 101-43100-390 Contracted Services $10.00 B42351R1557 AIR TANK INSPECTION E 101-43100-390 Contracted Services $20.00 B42351 R1559 AIR TANK/FIRE TUBE HOT WATER INSPECTION Total DEPT OF LABOR & INDUSTRY $30.00 Paid Chk# 047010 3/18/2009 EXECUTIVE TITLE NORTHWEST, LLC R 601-37150 WATER SALES $80.88 W/S REFUND - 6287 MARSHALL AVE Total EXECUTIVE TITLE NORTHWEST, LLC $80.88 Paid Chk# 047011 3/18/2009 FINKEN'S WATER CARE E 101-41940-390 Contracted Services $37.02 BOTTLED WATER Total FINKEN'S WATER CARE $37.02 Paid Chk# 047012 3/18/2009 FIRST FINANCIAL TITLE R 601-37150 WATER SALES $71.70 W/S REFUND -12460 66TH ST Total FIRST FINANCIAL TITLE $71.70 Paid Chk# 047013 3/18/2009 G & K TEXTILE LEASING SYSTEM E 101-43100-225 Uniforms/Clothing Allowance $47.19 1043140444 UNIFORMS & MATS E 101-43100-225 Uniforms/Clothing Allowance $103.49 1043145708 UNIFORMS & MATS E 101-41940-390 Contracted Services $95.70 1043145709 MATS E 101-43100-225 Uniforms/Clothing Allowance $47.19 1043150942 UNIFORMS & MATS E 101-43100-225 Uniforms/Clothing Allowance $70.21 1043156188 UNIFORMS & MATS E 101-41940-390 Contracted Services $95.70 1043156189 MATS Total G & K TEXTILE LEASING SYSTEM $459.48 Paid Chk# 047014 3/18/2009 GODFATHER'S PIZZA E 101-41400-310 Miscellaneous $65.80 CC SPEC MTG - MEAL Total GODFATHER'S PIZZA $65.80 Paid Chk# 047015 3/18/2009 GOPHER STATE ONE -CALL INC E 250-42410-310 Miscellaneous $37.70 9020753 LOCATE TICKETS Total GOPHER STATE ONE -CALL INC $37.70 Paid Chk# 047016 3/18/2009 GRAINGER CITY OF OTSEGO 03/18/09 1:31 PM Page 3 *Check Detail Register© MARCH 2009 Check Amt Invoice Comment E101-43100-227 Safety supplies $356.87 9854574085 SAFETY SUPPLIES Total GRAINGER $356,87 Paid Chk# 047017 3/18/2009 GREAT EXTERIORS R 250-32260 BUILDING PERMITS $120.00 SIDING PERM REF - 9201 91ST ST Total GREAT EXTERIORS $120.00 Paid Chk# 047018 3/18/2009 H & L MESABI E101-43100-210 Operating Supplies (GENERAL) $646.50 H77338 CUTTING EDGES Total H & L MESABI $646.50 Paid Chk# 047019 3/18/2009 HEALTH PARTNERS E 250-42410-123 Health E 101-41600-123 Health E 101-41400-123 Health E 101-43100-123 Health Total HEALTH PARTNERS $1,822.00 31711011 APRIL MEDICAL $473.80 31711011 APRIL MEDICAL $898.40 31711011 APRIL MEDICAL $2,927.50 31711011 APRIL MEDICAL $6,121.70 3/18/2009 JOHN WATERS JR. FILTERS Paid Chk# 047020 3/18/2009 HOME DEPOT E101-41400-201 Office Supplies and Expenses E 101-43100-402 Repairs/Maint Buildingss $32.95 9024721 PW BLDG REPAIR SUPPLIES CUSTOM STAMP - BANK OF E.R. Total HOME DEPOT $32.95 OFFICE SUPPLIES Paid Chk# 047021 3/18/2009 JOHN WATERS JR. FILTERS E101-43100-210 G 701-22391 ANGEL ACRES $1,429.43 ESC REFUND -ANGEL ACRES PRELIM PLAT G 701-22417 JOHN WATERS $21.50 ESC REFUND -ANGEL ACRES SUBDIVISION Total JOHN WATERS JR. $1,450.93 Paid Chk# 047022 3/18/2009 LEAGUE OF MN CITIES E 101-41100-360 Education/Training/Conferences $220.00 128363 HEIDNER - FEB 2009 CONFERENCE Total LEAGUE OF MN CITIES $220.00 Paid Chk# 047023 3/18/2009 MENARDS E101-43100-220 Repair/Maint Supply (GENERAL) $36.48 38194 KEY BOX & MAILBOX SUPPLIES Total MENARDS $36.48 Paid Chk# 047024 3/18/2009 METRO WEST INSPECTION SVC INC. E 250-42410-390 Contracted Services $810.00 BLDG INSP SVCS 2/9/09 - 2/13/09 Total METRO WEST INSPECTION SVC INC. $810.00 Paid Chk# 047025 3/18/2009 MONTICELLO ANIMAL CONTROL E 101-42710-390 Contracted Services $240.00 304 ANIMAL CONTROL Total MONTICELLO ANIMAL CONTROL $240.00 Paid Chk# 047026 3/18/2009 OFFICEMAX E101-43100-210 Operating Supplies (GENERAL) E101-41400-201 Office Supplies and Expenses E 250-42410-201 Office Supplies and Expenses E 101-41400-201 Office Supplies and Expenses CUSTOM STAMP - BANK OF E.R. Total OFFICEMAX Paid Chk# 047027 3/18/2009 PETERBILT NORTH $19.16 819737 OFFICE SUPPLIES $273.24 819737 OFFICE SUPPLIES $39.30 864227 CUSTOM STAMP - BANK OF E.R. $157.92 990838 OFFICE SUPPLIES $489.62 E101-43100-210 Operating Supplies (GENERAL) $30.57 F290410026 FILTERS E101-43100-210 Operating Supplies (GENERAL) $30.82 F290560008 FILTERS E101-43100-210 Operating Supplies (GENERAL) $17.06 F290560008 FILTERS E101-43100-210 Operating Supplies (GENERAL) $7.86 F290570106 FILTERS Total PETERBILT NORTH $86.31 Paid Chk# 047028 3/18/2009 PITNEY BOWES E 101-41400-413 Office Equipment Rental $588.00 4705027 -MRO PSTG METER/LETTER OPENER CITY OF OTSEGO 03/18/09 1:31 PM Page 4 *Check Detail Register© MARCH 2009 Check Amt Invoice Comment Total PITNEY BOWES $588.00 Paid Chk# 047029 3/18/2009 PITNEY BOWES SUPPLIES E101-41400-201 Office Supplies and Expenses $141.61 5500884644 INK CART/TAPE STRIPS Total PITNEY BOWES SUPPLIES $141.61 Paid Chk# 047030 3/18/2009 SNAP-ON TOOLS E101-43100-240 Small Tools/Equipment $371.64 226610 RETAINER CHUCK/AIR HAMMER Total SNAP-ON TOOLS $371.64 Paid Chk# 047031 3/18/2009 SOFTRONICS, INC. E 101-43100-390 Contracted Services $100.00 2273 PW - LABOR E 250-42410-201 Office Supplies and Expenses $110.76 2273 BLDG - BATTERY, VIDEO CARD E 602-49450-390 Contracted Services $50.00 2273 UTIL - LABOR E 601-49400-390 Contracted Services $50.00 2273 UTIL - LABOR E 101-41400-201 Office Supplies and Expenses $26.63 2273 ADMIN - BATTERY E 250-42410-390 Contracted Services $600.00 2273 BLDG - LABOR E 101-41400-391 GIS Services $31.90 2273 GIS - COMPUTER SUPPLIES E 101-41600-390 Contracted Services $150.00 2273 FIN - LABOR E 101-41400-390 Contracted Services $225.00 2273 ADMIN - LABOR E 101-41400-390 Contracted Services $1,000.00 2273 ADMIN IT - LABOR E 101-41400-391 GIS Services $475.00 2273 GIS - LABOR E 101-41400-201 Office Supplies and Expenses $231.04 2273 ADMIN IT - ANTIVIRUS, CABLES, VIDEO CARDS Total SOFTRONICS, INC. $3,050.33 Paid Chk# 047032 3/18/2009 STEVE KRAFT R 601-37150 WATER SALES $5.00 W/S REFUND - 6311 MASON AVE Total STEVE KRAFT $5.00 Paid Chk# 047033 3/18/2009 TERMINAL SUPPLY CO, INC. E 101-43100-210 Operating Supplies (GENERAL) $267.50 57137-00 GROMMET, DRILL BIT KIT, FAST ACTING GLASS Total TERMINAL SUPPLY CO, INC. $267.50 Paid Chk# 047034 3/18/2009 TIM ROCHEL E 250-42410-225 Uniforms/Clothing Allowance $5.57 DRY CLEANING E 250-42410-321 MileagefTravel $88.00 MILEAGE - ISTS SEMINAR E 250-42410-360 Education/Training/Conferences $15.00 BLDG OFFICIAL LUNCHEON E 250-42410-360 Education/Training/Conferences $30.00 MEALS - ISTS SEMINAR Total TIM ROCHEL $138.57 Paid Chk# 047035 3/18/2009 TOM DARKENWALD E 101-41100-360 Education/Training/Conferences $57.92 LEAGUE CONF LUNCH Total TOM DARKENWALD $57.92 Paid Chk# 047036 3/18/2009 VERIZON WIRELESS E 250-42410-320 Telephone $145.83 1982613223 LAP TOP SERVICE Total VERIZON WIRELESS $145.83 Paid Chk# 047037 3/18/2009 WRIGHT COUNTY RECORDER E 101-41400-340 Recording Fees $46.00 ARBOR CRK 3 - 1ST ADDEN DEV AGR Total WRIGHT COUNTY RECORDER $46.00 aid Chk# 047038 3/18/2009 XCEL ENERGY E 101-43160-322 Utilities $210.96 RIVERPOINTE LIGHTS E 101-43160-322 Utilities $25.52 16501 53RD -101/36 STREET LIGHT E 101-43160-322 Utilities $20.07 SIGNAL @ CR36/101 E 601-49400-322 Utilities $272.10 16575 61ST - WT #3 Total XCEL ENERGY $528.65 Fund Summary CITY OF OTSEGO 03/18/09 1:31 PM Page 5 *Check Detail Register© MARCH 2009 Check Amt Invoice Comment 10100 BANK OF ELK RIVER $58,142.14 10100 BANK OF ELK RIVER 101 GENERAL FUND $16,505.29 211 Albertville Fire District $31,743.87 250 Comm. Dev. & Bldg Safety $4,150.22 601 WATER FUND $3,186.58 602 SEWER FUND $1,105.25 701 DEVELOPMENT ESCROWS FUND $1,450.93 $58,142.14 OTSEGO PARKS AND RECREATION COMMISSION MEETING OTSEGO CITY HALL FEBRAURY 11, 2009 7:00 PM 1. Call to Order. Chair Kumar called the meeting to order at 7:01 PM. Roll call: Chair Beverly Kumar and Commissioners Krista Bean, Kathy Roberts, Mike Brumm, Susan Krekelberg, and Peter Torresani. Absent: Rose Cassady and Duane Lauseng. Council: Mayor Stockamp and Councilmember Mark Thorsted. Staff: Brad Belair, Public Works Supervisor and Tami Loff, Deputy Clerk. 2. Consider agenda approval. Commissioner Torresani requested to move item 6.2. to 4.1. Commissioner Torresani motioned to approve agenda as amended. Seconded by Commissioner Brumm. All in favor. Motion carried. 3 Consider the following minutes: 3.1. January 14 2009 Regular Meeting Minutes. Commissioner Bean motioned adoption of the minutes. Seconded by Chair Kumar. All in favor. Motion carried. 4. Ogen Forum: 4.1. Field usage request and update Brian Lindquist, local girls fast pitch softball, regarding summer use of fields. Commissioner Brumm said that the schedule is the same as last year. Mr. Lindquist said that will work for them. Mr. Lindquist asked Brad about the shed in Prairie Park how to go about getting the bases. Brad Belair, Public Works Supervisor, said that the bases are stored in the shed and he will give them the code so that they are able to get them out. 5. Unfinished Business. 5.1 Community Education update from Charlie Blesener. Charlie Blesener, Community Education, is the new contact person for Otsego. He said typically it is a good idea to meet in January and September to review the Community Ed events. Julie Zahler, Community Ed Program Coordinator, presented t -shirts from last year to the commissioners and said they are looking for ideas on t -shirts for the programs, logo, color etc. for this year. Ms. Zahler passed out a handout with recreation updates to the commission. They have had low enrollment in the fall and it picked up a little in winter. They are looking at ways to promote, mailings, emailing etc. Mr. Blesener said he spoke with Mike Robertson about having a small section in the Otsego Newsletter. Commissioners reminded him that not all people that live in Otsego get the Star News paper or go to District 728 Schools. Commissioners would like to see a way to get brochures out to people that have younger children and more activities geared toward three and under. Chair Kumar said last year they handed out a certificate at the Easter event to promote Otsego Community Ed and was wondering if they could do that again this year. Mr. Blesener said yes. Commissioner Krekelberg asked if the spring brochures will be available for the event and if they would be available to set up a booth. Mr. Blesener said yes and he will try to have someone at the event. Mr. Blesener asked what the commission thinks about the Entertainment in the Park activities. Commissioner Krekelberg suggested appropriate entertainment for age groups and including that on the brochures. Some of the items last year where not geared to the younger children. Chair Kumar asked about prices and said they have not received an invoice. Mr. Blesener said should have one by the end of the week. 5.2. Adopt -a -Park Program. Commissioners would like an Adopt -A- Park Program brochure to hand out. Commissioner Brumm motioned to table until next meeting. Seconded by Commissioner Roberts. All in favor. Motioned approved. 6. Public Works Update. 6.1. Recycling Bins for Parks. Brad went over his handout with information on recycle bins for the parks. Commissioners would like to place some in Prairie Park and School Knoll Park. Commissioner Torresani motioned for Brad Belair to spend $1500 total on bins funded by the Park Equipment Fund. Seconded by Commissioner Brumm. Commissioner Torresani requested to amend the motion for funds to come out of the Park Commission Capital Improvement Fund for small items. All in favor. Motion carried. 7. New Business. 7.1. Otsego Park and Recreation Events 2009. Chair Kumar motioned to discuss at the work session after the meeting. Seconded by Commissioner Bean. All in favor. Motion carried. 7.2. Park and Recreation Web Site Content. Commissioners discussed what they would like on the Park and Recreation section of the website; map with park names and park description, Adopt -A -Park, Community Ed link, feedback form. Commissioners would like Barb Williams at next meeting if possible to discuss this. 8. Other. Brad asked the Commission if they would like the annual activity reports of Emerald Ash Borer (EAB) he will add them to the packets when they come in. Commissioners agreed. 9. Update on City Council actions by Mayor Stockam2. Mayor Stockamp updated the Commissioners. 10. Adjourn by 10 PM. Commissioner Torresani motioned to adjourn. Seconded by Commissioner Roberts. All in favor. Motion carried. Meeting adjourned at 8:57 PM. Written by: Tami Loff, Deputy Clerk ITEM 5-3 Otsego Police Commission Minutes January 13, 2009 PRESENT: Jeff Stimac, Tom Darkenwald, Jane Theisen, Paul Fields, Denise Andrusko, Linda Lewis, John Hinnankamp, Rob VanDenBerg, Joel Torkelson. Officer — Butch Darsow Meeting called to order at 6:55 p.m. ADGENDA - approved Minutes from Dec 9 — approved with date change OPEN FORUM: Snowmobile complaints about riding on boulevards on Odean. No one on snowmobile club at last city council meeting. Police will patrol Odean on Saturdays and Sundays from 8:OOAM-5:OOPM to watch for illegal snowmobilers. Rob will work with Rick Knutson in the city sign shop to design and make signs in an effort to keep snowmobilers off the boulevards/yards and stay on the roads. Snowmobile club will also re -state rules, regulations and ordinances in the Otsego View. OLD BUSINESS: Road Clean up Paul talked to Brad Belair about starting up the road clean up program — still waiting for response. National Night Out Denise will call Elk River Nat Nite Out committee for strategies to get donations. Otsego View Ideas for articles (list from John) - discount radon kits, adopt -a -road, other ideas? See if Brad Belair can come to next meeting on Feb 10 — Paul will call Brad. City Council Meeting assignments Jan 26 - Linda Feb 9 — Joel Next metting February 10. Meeting adjourned 7:30 p.m ITEM 5-4 Consent of Surety to Final Payment AIA DOCUMENT G707 Bond No. 929412557 TO OWNER: City of Otsego, MN - City Hall (nlameandaddess) 8899 Nashua Ave. NE Otsego, MN 55330 PROJECT: Otsego, MN - Elevated Water Storage Tank & (Name and address) Tower #3 1 Million Hydropillar OWNER ARCHITECT CONTRACTOR SURETY OTHER ARCHITECTS PROJECT NO.: CONTRACT FOR: ,Otsego, MN - Elevated Water Storage Tank & Tower #3 1 Million Hydropillar CONTRACT DATED: In accordance with the provisions of the Contract between the Owner and the Contractor as included above, the Western Surety Company, 9000 Keystone Crossing, Suite 500, Indianapolis, IN 46240 (Insert name and address of Surely) SURETY, on bond of Pittsburg Tank & Tower Company Elevated Tank Division, Inc. (Insert name and address of Contractor) 1329 US Hwy. 41 N, Sebree, KY 42455 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to City of Otsego, MN - City Hall (Insert name and address of Owner) 8899 Nashua Ave. NE, Otsego, MN 55330 as set forth in the said Surety's bond. , OWNER, IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: February 16, 2009 (Insert in wftng the month Wowed by the numeric date and year.) Western Surety Company IS Attest: (Seal); (Signature of authorized representative) Daniel T. Touw, Attomey-In-Fact (Printed name and title Printed in cooperation with the American Institute of Architects (AIA) by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document G707 - Consent of Surety Company to Final Payment - 1994 Edition. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existingcorporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Stuart P Peterson, Daniel T Touw, Philip R Peterson, Liana M Shelton, Norma J Lerch, Jason D McEldowney, Individually of Indianapolis, IN, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indsxadod, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 2nd day of September, 2008. *r WESTERN SURETY COMPANY oavt� 8 fpw. it Paul . Brnflat, Senior Vixx president State of South Dakota1 ss County ofMinnehaha f On this 2nd day of September, 2008, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and dad of said corporation. My commission expires +aaa•aaaaaaaaaaawawaaaaaa D. KRELL November 30,2012f PUWX(R r SOtJ7H DAWTA r 4wwaaaaaaaawwawaaaaawaaa + D. Krell, N Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in fonx, and further certify that the By -Low of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 16th day of February. 2009. - Er WESTERN SURETY COMPANY pat� L010 L. Nelson, AssistartSecretwy Form F4280.09-06 Am AO FABRICATORS AND ERECTORS, INC. 182 SOUTH COUNTY ROAD 900 EAST - AVON, IN 46123-8973 February 17, 2009 City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Attention: Judy Hudson WL FIMAR 22009 D Our auditors, Katz, Sapper .&. Mi31ei, L'LP-,°are conducting and audit of our financial statements. Please confirm the following information regarding our contract with you as of December, 31, 2008: Contract number and description Original contract amount Total approved change orders through change order #1 Total other change order Job #6016 — Otsego, $2,061,000.00 ($ 127M.00) 0.00 Total contract amount including change orders (approved and unapproved): $ 1,933,800.00 Total amount of progress billings as of December 31, 2008 $1,933,800.00 12.40.ocx). M j 7/3 g'oo, 0.0 Please indicate below whether this is in agreement with your records. If there are differences, es, ie-ase pmvW-- {may-,itrfwir:t :f tli;tl wail gess:;::t ;��Fr a.��Jiit reco-trili;Jg these d P%reregs. hl addition, please provide details of any claims, back charges, or disputes that you are aware of concerning this contract. Please sign and date your response and mail your reply (the entire letter, please) directly to Katz, Sapper & Miller, LLP, attention: Julie Critser, P.O. Box 40857, Indianapolis, IN 40629-4064 in the enclosed return envelope. Very truly yours, Matt Cornacchione Chief Financial Officer (317) 271-7002 - FAX (317) 273-1154 COMPLETE WATER STORAGE TANK SERVICE W F..GJA L Phoenix Fabricators & Erectors, Inc. Page Two TO: Katz, Sapper & Miller, LLP The preceeding information about the above referenced contract is correct as of December 31, 2008 with the following exceptions (if any): Date: FINAL PAY ESTIMATE CITY OF OTSEGO ELEVATED WATER STORAGE TANK AND TOWER #t3 Date: February 10, 2009 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Elevated Water Storage Tank and Tower 03 Contactor. Pittsburg Tank and Tower Company Con"dAmount: $2,061,000.00 Award Date: October 25, 2006 Completion Dote: December 14, 2007 Doer Honorable Mayor and Council Members: The following work has been completed on the abow4ebmwed project by Pittsburg Tank and Tower Company. aid SchmdLds -a- - Aarnulra ane ITm ESTIMATED CONTRACT UWT UBM TO NO. ITEM DESCRIPTION C"NTITY UNT PRICE CONTRACT AMOINIT DATE R ENSION Provide foundstion dmpn pnapared by Engkreer ioensed in the SMIe of MYarssola bond I deft in Division 13. 1 LS $10 000. 8 10 000.00 1 $ 10.01M.00 Provide 9" tar* 8 twos design. intluding parad by Prc faai m 'EighmkoweclintheStalsol 2 Mirxwwft basad 0n Ore pkm and spodk000nL 1 LS $10.000.00 s 10 000.00 1 s 10 000.00 CO WAO ten* 8 Iowa ioundedon wwu ft 3 paraaft beadle and 1 LS $=.s 29 0,000.00 1 s 290 000.00 Famish and Insuo piping. wwkx g watwm % raw VON", , hydrant and inadaaon Per 4 and speolicaliorwk 1 LS =5.000.00 i 26,000.00 1 i 21LOOD.00 Furnish and wept tfre 1,000,000 goo OrMd pow waftr tower and tan* irrtJrrdir -all 5 an ab 1 LS i1 000. i 1 00 0.00 1 s 1243.000.00 Fnsn wh and aP* coapnps an Uta aftel suntans of ft 8 Sidad piller alevaftd wow tower and tank n specoW. 1 LS sm.000.1101 S 2150.0w.00 1 $ =0.0(10.00 Furnish and irau0 eler I I -I and 00n0 dwAm To 7 prowkied farm the ph= and spedftaborn. 1 LS $30,000. $ 30 000.00 1 s 30 000.00 s O W N aeon and DenvAftelion. 1 Ls $20.000.00 $ 2D.000.00 1 s 20,000.W Furnish and apply .slings for lope on the web tank e show. on Oft glare and as spwNW. 1 LS $6.000.00 s 6,000.00 1 i 000.00 10 ExWw CardWra ent SysswvO 1 Ls $100.0004 s 100 000.00 1 5 100 000.00 AN sift work inducing, stripping, exowew►, importam 0ompectirrg of borrow meftri .. sub -bass nralwid a00ran b M . aeaenraK of biftminous canereft curb and gu0s►. won eoretrucion of 11 and skbwo k. 1 LS I S15,00D.00 s 1&000.00 1 s 1s .00 Erosion Control items such as bee rJlsr•Jk, sit fain 12 rock conanxdim snaarrce. 1 LS $3.000.00 s 3,000.00 1 i 3,000.00 13 knporfing wW oadM LS $0.000.00 s 8,000.W 1 s 8,000.00 14 Exa wanon and dqmw of all axosss soil matwids.2 1 Ls $110-00D.00 s 50 000.00 1 $ 50,000M 15 AN raaarabon. I and nwh*L 1 LS $Z000.00 $ ZOOO.00 1 $ Z000.00 ' Iftm drrrnaft W Chage 0"W Numbs 1. Sas paps 2 ofPay tistirroW 2 hem reduced by 630.000 per Cher" Onder pJ wdw 1. Sas pegs 2 of Pay tcsinula. 0t521PE PE -1 FINAL PAY ESTMAATE CITY OF OTSEGO ELEVATED WATER STORAGE TANK AND TOWER #3 ry,...n. r%.i . Mn 1 ITEIII 2,081.000,00 ESTMTBD (127,100.00) CONTRACT UNIT 1,053,000.00 USED TO 1,953,000.00 NO. rTEMDMMPTION QUANTITY UNIT PRICE CONTRACTAMOUNT DATE EKTENSION $ Dtaaasae anent of excavation and disposal of aocaw $ 130.093.00 $ 220.000.00 1 ad rtWAN Decrosae to Bid Schsduls'B-- Nae No. 14 1 LS 000. i 000. 1 i 000.00 Delete the Exis hm Containnsrd System (Dscraasa to Bid 2 Schedule -B- - hern No. 10) 1 LS $100 000. i 100 000. 1 $ 100 000.00 R visa type. sae anM d d nwdspot and poles S Inerwe to Bid Sche" Ir - can No. 1 LS .00 i 2900.00 1 3 000.00 Total Original Bid Schedule "W Change Order No. 1 TOTAL Total Watt Complebd to Dale LESS PAY ESTIMATE #1 LESS PAY ESTIMATE 82 LESS PAY ESTIMATE $3 LESS PAY ESTIMATE 04 LESS PAY ESTIMATE #5 LESS PAY ESTIMATE 06 LESS LIQUIDATED DAMAGES PER NEGOTIATIONS WITM CITY COUNCIL AT THE FEBRUARY 9.2009 COUNCIL MEETING SUBTOTAL WITH ALL LIQUIDATED DAMAGES ASSESSED WE RECOMMEND PAYMENT OF: t 2,081.000.00 t (127,200.00) S 1,953,800.00 APPROVALS: Q fa CONTRACTOR: PITTSBMG TANK AND TOWEI D 7� �(�c a'KX�'�g Y' Vr&'*=r that all items and amounts aro oonet:t for the work oomplsle 'to dale. T01.: Csil AmAt. 3 /4 e, g ENGINEER:. HAKANSON ANDERSON ASSOCIATES, INC. Certification by Ergkleer. Wo r000rghlend payment for work and quantities as shown. OWNER: CITY OF OTSEGO Signed: T01t: Date 0521PE PE -2 S 2,081.000,00 S (127,100.00) $ 1,053,000.00 S 1,953,000.00 $ 148,200.00 $ 483,288.00 $ 401,488.00 $ 221,103.00 $ 130.093.00 $ 220.000.00 $ 143.926.00 $ 143,926.00 AGREEMENT BETWEEN THE CITY OF OTSEGO AND PHOENIX FABRICATORS AND ERECTORS, INC. REGARDING OTSEGO PROJECT NO. 06-02, OTSEGO WATER TOWER #3 RELATIVE TO LIQUIDATED DAMAGES WHEREAS, PITTSBURG TANK & TOWER COMPANY, ELEVATED DMSION, INC. (hereinafter PITTSBURG) and the CITY OF OTSEGO (hereinafter CITY) executed a CONTRACT dated November 11, 2006 calling for construction of water tower facilities (the TOWER) by PITTSBURG; and WHEREAS, PHOENIX FABRICATORS AND ERECTORS, INC. (hereinafter PHOENIX) has subsequently acquired PITTSBURG and has succeeded to all.rights and obligations under the CONTRACT and subsequent addendum; and WHEREAS, said CONTRACT and change order specified that the Tank would be substantially complete (which included painting) by November 30, 2007 and called for liquidated damages at the rate of $2,500.00 per calendar day if not completed by that date; and WHEREAS, the TOWER was not completed by that date but was substantially complete on July 7, 2008; and WHEREAS, the CITY calculated the amount of liquidated damages to be $580,000.00 based upon the CONTRACT; and WHEREAS, PHOENIX approached the CITY and asked that they reconsider the amount of liquidated damages, alleging that a lower amount would cover actual damage incurred by the CITY due to project irregularities and delays; and WHEREAS, the CITY, through its CITY COUNCIL, determined that they would accept the compromise amount offered by PHOENIX which was $220,000.00 in liquidated damages. NOW THEREFORE, IT IS AGREED between the Parties as follows: 1. That the CITY will accept $220,000.00 as the total amount of liquidated damages, pursuant to the CONTRACT. 2. That in light of the CITY's action, PHOENIX agrees that the $220,000.00 is a fair and accurate statement of liquidated damages under the CONTRACT and hereby specifically waives any and all actions or claims under the CONTRACT or otherwise, in law or equity, challenging the amount agreed upon, or seeking reduction of that amount. In the event that PHOENIX does violate this AGREEMENT or challenge the amount agreed upon it shall be liable for the full amount of liquidated damages originally contemplated ($ 580,000.00) as well as any costs or fees incurred by CITY as a result of such action, including attorney's fees and witness fees. 3. That the parties have specifically agreed upon the issue of liquidated damages only and that said Agreement in no way affects or modifies any other unrelated term or condition of the CONTRACT between the parties, and that all such unrelated terms, conditions and obligations of the CONTRACT remain in full force and effect 4. That PHOENIX represents that it has acquired PITTSBURG and has succeeded to all contractual obligations incurred by PITTSBURG, which specifically includes the CONTRACT, and has authority to enter into this Agreement PHOENIX specifically states that this Agreement applies to itself and PITTSBURG and that it will defend, fully indemnify and hold harmless the CITY from any claim or cause of action of any nature brought by PITTSBURG or any other third party relative this Agreement Dated: CITY OF OTSEGO Jessica Stockamp, Mayor Judy Hudson, City Clerk 2 r PHOENIX FABRICATORS and ERECTORS, INC. with authority and on behalf of its successor, PITTSBURG TANK & TOWER COMPANY, ELEVATED TANK DIVISION, INC. By: Its 5wi RK 16I 14%f. 3. ITEM 5-5 (Above Space is Reserved for Recording Information Minnesota Wetland Conservation Act Declaration of Restrictions and Covenants for Site Specific Wetland Replacement Replacement Wetland Declarant: City of Otsego 8899 Nashua Avenue NE, Otsego, MN 55330 General Location of Replacement: Sec. 25, Twp. 121, Rge.24, County of Wri t That part of Outlot K shown on attached Exhibit R. This Declaration of Restrictions and Covenants for Site Specific Wetland Replacement Wetland (Declaration) is made this day of , 2009 by the undersigned Declarant: RECITALS A. The Declarant holds the fee title or perpetual easement on the real property described in Exhibit R, attached hereto. B. This real property is the site of a Replacement Wetland, as defined in Minnesota Rules 8420.0110, subp. 40. Exhibit B, attached hereto, is a map or survey of the subject Replacement Wetland. C. The Declarant is seeking approval of (1) a replacement plan under Minnesota Statutes section 103G.222. D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as amended, Minnesota Statutes section 103G.222 et sea., and all other provisions of law that apply to wetlands, except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to the Replacement Wetland, pursuant to Minnesota Rules 8420.0115. Page 1 of 4 Outlot K Recital—Wells Fargo (April 2003) E. The Local Government Unit (LGU) charged with approval of the Replacement Plan is Cil, of Otsego, whose address is 8899 Nashua Avenue NE, Otsego, MN 55330 F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and Rules currently in effect and as amended or renumbered in the future. RESTRICTIONS AND COVENANTS The Declarant makes the following declaration of restrictions and covenants for the Replacement Wetland. These restrictions and covenants shall run with the land, and bind Declarant, and Declarant's heirs, successors, and assigns: 1. The Declarant shall maintain a Replacement Wetland of the size and type specified in the replacement plan approved by the LGU and on file at the offices of the LGU. Declarant shall not make any use of the Replacement Wetland that would adversely affect the functions or values of the wetland as determined by Minnesota Rules 8420.0540, subp. 10, and as specified in the replacement plan. 2. Declarant shall pay the costs of maintenance, repairs, reconstruction, and replacement of the Replacement Wetland, which the LGU or the State of Minnesota through the Minnesota Board of Water and Soil Resources may deem necessary to comply with the specifications for the Replacement Wetland in the approved replacement plan. 3. Declarant grants to the LGU, the State of Minnesota, and the agents and employees of the LGU and the State of Minnesota, reasonable access to the Replacement Wetland for inspection, monitoring, and enforcement purposes. This Declaration grants no access to or entry on the lands described to the general public. 4. Declarant represents that he or she has a fee simple or easement interest in the land on which the Replacement Wetland is or will be located. Declarant represents that he or she has obtained the consent of all other parties who may have an interest in the land on which the Replacement Wetland is or will be located to the creation of the restrictions and covenants herein, and that, all such parties have agreed in writing to subordinate their interests to these restrictions and covenants, pursuant to the attached Consent and Subordination Agreement(s). 5. Declarant shall record or file this Declaration, pay all costs associated with recording or filing, and provide proof of recording or filing to the LGU. If this Declaration is given pursuant to a replacement plan, such proof shall be provided to the LGU before proceeding with construction of the Replacement Wetland. 6. Acknowledge that this Easement shall be unlimited in duration, without being re- recorded. This Easement shall be deemed to be a perpetual conservation easement pursuant to Minn. Stat. ch. 84C. 7. If the replacement plan approved by the LGU and on file at its offices requires the Page 2 of 4 Outlot K Recital—Wells Fargo (April 2003) establishment of areas of native vegetative cover, the term "Replacement Wetland" as used in this Declaration shall also include the required areas of permanent vegetative cover, even if such areas are not wetlands. All provisions of this Declaration that apply to the Replacement Wetland shall apply equally to the required areas of native vegetative cover. In addition, the Declarant: (a) Shall comply with the applicable requirements of Minnesota Rules 8420.0540, subpart 2.1); (b) Shall, at Declarant's cost, establish and maintain permanent vegetative cover on areas specified in the replacement plan for native vegetative cover, including any necessary planting and replanting thereof, and other conservation practices, in accordance with the replacement plan; (c) Shall not produce agricultural crops on the areas specified in the replacement plan; (d) Shall not graze livestock on the areas specified in the replacement plan or; (e) Shall not place any materials, substances, or other objects, nor erector construct any type of structure, temporary or permanent, on the areas specified in the replacement plan, except as provided in the replacement plan; (f) Shall, at Declarant's cost, be responsible for weed control by complying with noxious weed control laws and emergency control of pests necessary to protect the public health on the areas specified in the replacement plan; and (g) Shall comply with any other requirements or restrictions specified in the replacement plan, including, but not limited to, haying, mowing, timber management or other vegetative alterations that do not enhance or would degrade the ecological functions and values of the replacement site. 8. This Declaration may be modified only by the joint written approval of the LGU and the State of Minnesota through the Minnesota Board of Water and Soil Resources. If the Replacement Wetland has been used to mitigate wetland losses under the Federal Water Pollution Control Act, the U.S. Army Corps of Engineers (or successor agency) must also agree to the modification in writing. Such modification may include the release of land contained in the legal description above, if it is determined that non -wetland areas have been encumbered by this Declaration, unless the approved replacement plan designates these non -wetland areas for establishment of permanent vegetative cover. 9. This Declaration may be enforced, at law or in equity, by the LGU, or by the State of Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable attorneys fees from Declarant in any action to enforce this Declaration. The right to enforce the terms of this Declaration is not waived or forfeited by any forbearance or failure to act on the part of the State or LGU. If the subject replacement area is to be used partially or wholly to fulfill permit requirements under the Federal Water Pollution Control Act or a federal farm program, then the Page 3 of 4 Outlot K Recital—Wells Fargo (April 2003) provisions of this Declaration that run to the State or the LGU may also be enforced by the United States of America in a court of competent jurisdiction. 10. This Declaration must be recorded and proof of recording submitted to the LGU or other regulatory authority in order to be valid. Signature of Declarant Signature of Declarant STATE OF MINNESOTA) ) ss. COUNTY OF Wri it ) This instrument was acknowledged before me on (date) by (name(s) of person(s). (Signature of Notarial Officer) (Title) My commission expires: Attachments: Exhibit R (legal descriptions & map or survey of Replacement Wetland) This instrument drafted by: Westwood Professional Services, Inc. 7699 Anagram Drive Eden Prairie, MN 55344 Page 4 of 4 Outlot K Recital—Wells Fargo (April 2003) n e N i CP ea.zt a 12498 12.40 1 3/1b W2 vi C9.Z1 � - Z 9e. = aZ,2t l,z .z,zt —Ol.zl z � w - 94CZ1 " I— 1901 Cy 12794 Q 12;7 �rzl m `,51t " 4oczt ,7241, 1 m +2s+� N + 122 Q stzZl ,1% m 12270 n p cD 12769 + +2284 y m \ m ,'1�• 12242 12237 12229pf e 122.28 1�1 m \� mq m+� n� � _ •_ " �� \ ♦M1`� il. `M1�`� ^�.o `ri �.�n .� W /LtZ991L1 z 59M \M1`'� 'n 1 S Cil tlzt^ ULZl " c� �i� w •l 1� f� �'�_ L,lzn 99tal wtzt gE 12M % , fir! — *OM9zlzml Kl + g �� ^" !2N i,tzl "R — z t totzN WL n ,►° 2 UZI Z LLL,1r ` BGO�t t9pZL tlza O 7779 +�U^ r BOlzt 890zn (f)90tz^ 7776 m �'� , t ;But Q = ZWZL F— c9ozm .—gg Z 1 1 uozl 043 98LL 89LL 777, m 12018 ;68 — 74 8 a.9L— .9.L y,90z1 QKJ tb 31ZN3>IDVV4 ¢ 3N 3AV 31ZN3>IOVV4 s, = f� 12994 LB9C �- ,rT I I 41 t l l_r_-, £aG EASTERLY LINE WETLAND COVENANT DESCRIPTION OF OUTLOT K That part of Outlot K, MARTIN FARMS, according to the recorded plat thereof, Wright County, Minnesota, described as follows: Commencing at the most southwesterly lot corner of said Lot 1, Block 24, thence North 08 degrees 29 minutes 56 seconds East, assumed bearing along the westerly line of said Lot 1, a distance of 29.14 feet, to the actual point of beginning of the line to be described,thence North 19 degrees 55 minutes 21 seconds West, o distance of 173.16 feet, thence North 04 degrees 30 minutes 16 seconds East, o distance of 26.20 feet, thence North 89 degrees 28 minutes 39 seconds East, o distance of 294.78 feet, thence North 72 degrees 52 minutes 25 seconds East. o distance of 213.40 feet, to the easterly line of Outlot K, and said line there terminating. Denotes Proposed KSNoed Co -t Area - Outlot K PROPOSED WETLAND COVENANT yo / A \� WE TL f�3 fs \ \ r r r� WETLAND BUFFER MONUMENT \ N08°29'56"E 29.14 11 Lot 4 t 1 Lot 3 Block 24 Lot 2 WETLAND BUFFER LINE AND WESTERLY LINE OF LOT 1, BLOCK 24 �. Lot 1 MOST SOUTHWESTERLY CORNER OF LOT 1, BLOCK 24 VVj r r / / a a m Outlot K Martin Farms otmo, Min> ewta Date 03/10/09 Wetland Covenant P Description Exhibit R 20081137mt1otK.Owp *..d W . e �� I-MWe6tS0 %%% ttvv"d r raw.maeq�cm. ly 11 Lot 4 t 1 Lot 3 Block 24 Lot 2 WETLAND BUFFER LINE AND WESTERLY LINE OF LOT 1, BLOCK 24 �. Lot 1 MOST SOUTHWESTERLY CORNER OF LOT 1, BLOCK 24 VVj r r / / a a m Outlot K Martin Farms otmo, Min> ewta Date 03/10/09 Wetland Covenant P Description Exhibit R 20081137mt1otK.Owp ly 11 Lot 4 t 1 Lot 3 Block 24 Lot 2 WETLAND BUFFER LINE AND WESTERLY LINE OF LOT 1, BLOCK 24 �. Lot 1 MOST SOUTHWESTERLY CORNER OF LOT 1, BLOCK 24 VVj r r / / a a m Outlot K Martin Farms otmo, Min> ewta Date 03/10/09 Wetland Covenant P Description Exhibit R 20081137mt1otK.Owp ITEM 5_6 Memorandum To: City of Otsego From: Kurt Neidermeier, PeopleService Inc Re: Well 8 DNR approval, Appropriation Amendment, Well 1 & 2 monitoring. Date: March 2, 2009 The DNR has accepted the City of Otsego's proposed well monitoring program in lieu of the installation of a monitoring well. The acceptance gives Otsego approval to run well #8 and increases the annual appropriation allotment. As part of the proposal we are agreeing to monitor well #5 and #8 on an 8 hour basis and incorporate the information onto an excel spreadsheet for the DNR.. The proposal included completes two tasks. (1) Well monitoring program to meet DNR requirements as mentioned above. (2) Aquifer monitoring equipment for wells #1 and #2 required in the Well Head Protection team tasks. Enclosures included with the packet are supporting documentation. Sincerely, / Kurt Neidermeier PeopleService Inc. February 26, 2009 Mr. Kurt Neidermeier City of Otsego (People Service) 5850 Randolph Ave. Otsego, MN 55374 AUTOMATIC SYSTEMS CO. Reference: Well Level Drawdown Monitoring & Report Enhancements Dear Kurt: Per your recent request we are pleased to provide the following proposal to add well level drawdown transmitters at wells 1 & 2 and add a well level drawdown DNR report for wells 5 & 8: A Two (2) Submersible Well Level Drawdown Transmitters for wells 1 & 2 as follows: • Well 1 — 201 ft. insertion length with 240 ft. of cable. • Well 2 — 172 ft. insertion length with 215 ft. of cable. B One (1) Lot of Field Modifications to the existing Supervisory Control Panels at well no.1 and pumphouse n¢ 2ncluding analog inputs, fusing, terminal blocks, etc. �J C One (1) Lot of programming as required to add the new well levels to the existing SCADA system including programmable logic controller (PLC) programming, Gaphic User Interface (GUI) programming, Operator Interface Terminal (01T) programming, etc. D One (1) Lot of engineering to update the project documentation including four (4) copies for insertion in the existing O& M manuals. Your net price for Items A through D, FOB factory with freight allowed to jobsite including one (1) year warranty from date of startup (not to exceed 18 months from date of shipment).............$6353.00 (plus tax). mANUFACTURERS REPRESENTATIVES 0 CONTROLS 0 MECHANICAL EQUIPMENT NMAIN OFFICE: P.O. BOX 120359 ❑ BRANCH OFFICE: P.O. BOX 787 ST. PAUL, MINNESOTA 55112 PHONE 651-631-9005 (FAX) 651-631-0027 AMES, IOWA 50010 PHONE 515-232-4770 (FAX) 515-232-0795 February 26, 2007 Page 2 Otsego, MN E One (1) Lot of programming as required to create, implement, and test a new well 5 & 8 drawdown report for the DNR. Proposed report would sample and report the well levels once every eight (8) hours. Your net price for Item E is.............$2560.00 (plus tax). Note: The above prices to not include any installation costs including conduit, wire, or insertion of well level drawdown transmitters. To expedite handling and confirmation, you may sign below and forward as your order for the equipment quoted above. Total Net Price Date Customer Firm Name Authorized By Purchase Order No. Sincerely, Lane Stewart Automatic Systems Co. TERMS AND CONDITIONS Page :3 o? 1. We request that our company's quotation be executed by you. However, your purchase order referencing our quotation by number and date will be sufficient so long as it does not create an unfair advantage to either purchaser (sometimes referred to as buyer you) or Automatic Systems Company (sometimes referred to as our company we, our, us). The order will be subject to written acceptance by our company's Contracts Officer at Ames, Iowa. 2. Prices are based on direct factory shipments, or as noted. 3. If quantities vary from those indicated we reserve the right to revise our prices. 4. Quoted shipping dates, unless otherwise stated, are from the date of receipt at the office of the Principal, of required complete technical data and/or approved drawings. Any changes requested by the Purchaser will be made only at the purchaser's expense. 5. Where a quantity of material is quoted according to our takeoff, such quantity is believed to be accurate but cannot be guaranteed. 6. If an item quoted is not approved by the Consulting Engineer we assume no responsibility to furnish the item manufactured by others. 7. All orders are subject to approval of the purchaser's credit by the Principals involved. 8. Our Warranty on equipment and material covered herein is limited to that which is extended by the Manufacturer involved. We shall not be responsible for any damage arising directly or indirectly from installation or use of this equipment Unless stated otherwise the manufacturer warrants for a period of one (1) year from the date of startup not to exceed 18 mo. from date of shipment, that the equipment listed (excluding expendable components such as fuses grease oil or water seals, packing, light bulbs, etc.) will be free from defects in material and workmanship. The Manufacturers sole obligation in the event of breach of such warranty shall be the repair or replacement of the defective item at no charge to Purchaser, except for labor costs for repair or removal of the defective item and installation of any replacement item and transportation charges for delivery of the replacement and return of the defective item. The Manufacturer shall have no obligation to provide maintenance or make repairs or replacements through normal wear and tear or necessitated in whole or in part by catastrophe, fault or negligence of the user, improper or unauthorized use of the equipment by the user, or by causes external to the equipment, such as, but not limited to, power failure or air conditioning failure. Replaced parts shall become the property of the manufacturer. DISCLAIMER OF WARRANTY AND LIMITATION OF REMEDIES: Purchaser understands and agrees as follows: (a) The express warranties set forth in this agreement are in lieu of all other warranties, express or implied, including without limitation, any warranties of merchantability or fitness for a particular purpose, and all such other warranties are hereby disclaimed and excluded by Automatic Systems Co. (b) Automatic Systems Co. shall not be liable for any loss or damage caused by delay in furnishing equipment, products, services or any other performance under or pursuant to this agreement (c) The sole and exclusive remedies for breach of any and all warranties for Automatic Systems Company's liabtltty of any kind (induding liability for negligence) with respect to the equipment, products and services covered by this agreement and all other performance by Automatic Systems Co. under or pursuant to this agreement shall be limited to the remedy provided above. (d) In no event shall Automatic Systems Company's liability of any kind include any special, incidental or consequential damages, even if Automatic Systems Company shall have been advised of the possibility of such potential loss or damage. 9. Any preliminary drawings and illustrative materials herewith show general arrangement and approximate dimensions only. Certified drawings will be submitted after receipt of order If required. 10. No returns for credit will be allowed without specific permission by the Principal involved before such return shipment is made. It. Any material and/or equipment held at the Purchaser's request from the date of the invoice will be stored at the Purchaser's expense unless otherwise agreed upon. Invoice will be rendered, as of the date equipment is ready for shipment 12. Unless specifically stated herein, all material and/or equipment shall be installed and placed in service by and at the expense and under the exclusive responsibility of the Purchaser. 13. Purchaser shall be responsible for care, maintenance and protection of material and/or equipment after delivery. Purchaser agrees to provide and maintain adequate insurance for equipment and/or materials covered herein against loss or damage by fire, explosion or other causes during the time between shipment and final payment in an amount fully protecting Vendor. 14. All agreements are contingent upon strikes, accidents or other causes beyond our control. 15. Please note that our proposal does not include any sales or other required taxes or permits. The applicable tax will be charged to you at the time of invoicing. If you are exempt on this job, you will need to provide us with your exemption certificate. You agree to reimburse our company for any taxes we must pay on your behalf. You are responsible for obtaining permits in connection with the sale or installation of our equipment 16. Our proposal includes the equipment we offer to furnish you at the prices stated and these prices will remain firm when you execute our proposal (or send us your purchase order referencing our proposal) within 30 days from the date of our proposal and we receive the final approved drawings within 30 days after we mail the shop drawing booklets. The price could change If you should require a change in the design of the product or require changes in the components we have quoted. We will issue the necessary change orders to either decrease or increase the price and said change orders will be deemed accepted and assented to you N within a reasonable time the terms of the change order have not been objected to in writing by you to us, it being agreed upon that a reasonable time for objection is 20 days from the date thereof. We of course want to reserve the right to correct typing and clerical errors in our price or proposal. 17. Unless we agree otherwise this transaction will be handled on a credit basis and is for business or commercial purposes. On this basis there must be agreements on certain terms and conditions so there will be no misunderstanding at a later date, therefore you and our company agree to the following such Terms and Conditions: TERMS AND CONDITIONS — Continued Page of =f (a) We will retain title to and a secured interest in the equipment described in the proposal until we are paid in full. You and our company agree and it is our mutual intention that the equipment proposed and described in our quote is now and shall retain personal property and shall not become a fixture or part of a fixture until we have been paid in full. In effect, you and our company are agreeing to waive any other possible definition of the equipment so proposed and described for the purpose of this credit transaction that would invalidate your and our stated intention, and so that no unfair advantage will be gained by any third person or entity should our company not be paid for any reason. (b) Payment, subject to continuing approval of credit, is due -in full and payable 30 days from the date of invoice or date of shipment, which ever comes first unless startup service is required prior to the expiration of the 30 days in which case payment is due in full prior to startup, with no retainage allowed! Our company will invoice you, as the equipment you ordered is ready to be shipped, which may be within the estimated shipment period quoted to you or after such period. You agree to pay in full all invoices within the time specified above in this sub -paragraph. 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. Should we have to engage an attorney to collect the balance due us, including the service fee, you agree to reimburse us for all collection costs including reasonable attorney" fees. (c) Once manufacture of the equipment has begun, you will be notified of the tentative shipment date. Once the equipment is ready to be shipped, we or the manufacturer may, at our option, agree to store the equipment should you not be ready for delivery, but this will not postpone your duty to pay the invoices) as they become due according to the terms of this contract. Should our company find it necessary to store such equipment for said reason you hereby agree to pay a storage fee at the rate of 1.5% of the contract price per month in addition to your duty to pay invoice(s). Please note that your return of the final approved drawings will constitute your notice to us to proceed with the manufacturing of the equipment (d) Our company will not be liable for any damages sustained by you resulting from our company's or any suppliers failure to perform or delay in performing any obligation, if such failure(s) or delay(s) Ware caused directly or indirectly by circumstances or events beyond our control. Some examples include invasion, insurrection, riot, fire, flooding, strikes, etc. A more common example of such circumstances of events would be the failure of a truck or supplier to meet delivery schedules. You agree to waive any right to incidental or consequential damages as stated in our company's warranty, and as further agreed herein. You further agree that our company will not be responsible for any "backcharges" or costs unless and until you first obtain our company" written approval before you sustain such "backcharges" or costs. (e) You agree that if our equipment is installed or repaired by others, you will not seek to hold us responsible for any damage and injury, which may result from such installation or repair, directly or indirectly. In addition, our company will not be responsible for damage to your property or any other property, real or personal, caused by malfunction of our equipment whether or not it is installed by others or by our company. (f) In order for our company to insure delivery, it is agreed by you and by our company that you provide us with an access road to and from the job site, which road is capable of supporting trucks loaded to 75,000 pounds and with a 14 foot height clearance. Should the job site or such road not be suitable for such use and our purposes, you will reimburse us for any delays at the hourly labor rate and demurrage rate current at that time. You will also be responsible for unloading the equipment, unless we are responsible for the erection of the equipment (g) The responsibility for protection of the equipment will be yours after it is delivered to the job site. Damage to the equipment after delivery, which is caused by vandalism, the elements or otherwise will be your responsibility and not that of our company. (h) For your added protection, we are providing you with a warranty on our equipment which is made part of our proposal, and which is made a part of this agreement by reference. (i) Except as otherwise contained in the Quotation, this Contract after acceptance by you is not subject to cancellation by Buyer except prior to shipment and then only by the payment to us an amount equal to the cost of labor and materials used plus 10% of quoted sales price as liquidating damages, which the Buyer hereby agrees to pay. Orders for custom equipment (non-standard or non -stocked equipment), or designed equipment are not cancelable by you. (I) We both agree that this contract contains the complete and final agreement between us and may not be modified, supplemented, explained, or waived by officer. parole evidence, your purchase order, course of dealing, or any other way, except where made in writing and signed by you and our company's authorized 18. Since we will close this agreement upon acceptance of it by our Contracts Officer in Ames, Iowa, it is understood by you and our company that the laws of the State of Iowa will govern the Contract Default and our remedies thereafter are defined and outlined below. You shall be in default under the contract upon the happening of any one or more of the following: (a) Default in the payment or performance of any obligation you have under this contract; or (b) Any statement of a material fact, made in writing by you to our company, which proves to be untrue; or (c) Any omission, from any statement made in writing by you to our company, of any material fact which is necessary in order to make such statements not misleading; or (d) Any event, or change of condition, which impairs your ability to pay or perform your obligation under this contract; or (e) Any event or condition which reasonably justifies our company in deeming itself insecure. Upon default by you, and at any time thereafter, our company shall have, at its option, the right to exercise any one or more of the following remedies: (a) Prior to delivery of the equipment described in this Contract, to refuse to deliversuch equipment to you or your agent; or (b) Exercise any remedy available to our company under the Uniform Commercial Code or under any other laws of the jurisdiction where such remedy is sought to be exercised; or (c) Enter the real estate upon which such equipment is stored or installed and take possession of such equipment and remove the same, without demand and other legal process; or (d) Demand that you shall assemble such equipment and make it available to our company at a place reasonable convenient to you and our company and thereupon you shall comply with such demand at your expense; or (e) Retain all sums received by our company as payment from you made prior to any repossession referred to in subparagraph (c) above; or (f) Void all warranties and refuse service and start-up; or (g) Sell such equipment at public or private sale, with our without notice, at a fair price. ITEM g-7 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan ners9nacpla nning.com PLANNING REPORT TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP RE: Otsego — Anoka Equine; Minor Variance REPORT DATE: 17 March 2009 NAC FILE: 176.02 — 09.02 BACKGROUND Anoka Equine is requesting a minor variance to allow for construction of a freestanding sign adjacent to their property entrance off of CSAH 37. The proposed sign is a replacement for a previous sign that was removed when the Minnesota Department of Transportation acquired additional right-of-way for CSAH 37 as part of the TH 101/CSAH 37 interchange project. The proposed location for the freestanding sign would be within the 10 foot setback required by Section 20-37-3.13 of the Zoning Ordinance. Section 20-6-3.A of the Zoning Ordinance provides a procedure for consideration of minor variances. Qualification for consideration of a Minor variance application includes cases where hardship to existing developed properties are created as a result of a public action, such as the acquisition of right-of-way by MN/DoT for the TH 101 project. Minor variances are subject only to review by the City Council and do not require a public hearing. A motion to approve a minor variance required a 4/5ths vote of the entire City Council. Exhibits: A. Site Location B. Findings of Fact ANALYSIS Use. The subject site is guided for commercial uses by the Comprehensive Plan and zoned B-3 District. The existing veterinary clinic is allowed subject to a conditional use permit last amended on 14 April 2003. A preliminary/final plat establishing the current boundaries of the parcel related to transfer of property as part of the Gateway North industrial park was approved on 25 September 2006. Right -of -Way. MN/DoT acquired 67 feet of additional right-of-way for CSAH 37 along the front of the Anoka Equine Clinic property to accommodate the planned interchange at TH 101 and CSAH 37. Anoka Equine previously had a freestanding sign located within the acquired right-of-way adjacent to the site access off of CSAH 37. The acquisition of the additional right-of-way leaves the curb for the driveway and parking areas approximately five feet from the property line, whereas 15 feet is required. The purpose of the setback for signs and parking areas is not to affect visibility for traffic along the adjacent roadway or that entering/exiting the site and also so not to interfere with City drainage and utility easements. Location. The applicant is proposing to install a new 60 square foot sign to the east of the CSAH 37 access, approximately three feet from the property line. Alternative locations for the sign were considered by the property owner. Locating the sign further to the east of the CSAH 37 access would require a sign up to 20 feet tall to be seen over an earth berm left by MN/DoT within the CSAH 37 right-of-way. Moving the sign location to the west of the CSAH 37 access would require removal of mature trees to provide visibility of the sign from the roadway. The applicant is also concerned that moving the sign too far from a location adjacent to the CSAH 37 access would compromise the purpose of the sign to provide direction to patrons. Sign Permit. The applicant states that the proposed sign would be ten feet high by 6 feet wide (60 square feet). The subject site is within the Freeway Corridor Sign District defined by the Zoning Ordinance. One freestanding sign not to exceed 200 square feet and a height of 50 feet is allowed by Section 20-37-5.C.3 of the Zoning Ordinance. The proposed sign is within area and height allowances of the Zoning Ordinance. A sign permit must be requested and approved prior to construction of the sign. Easement. There is a 10 foot wide drainage and utility easement along the front line of the Anoka Equine property. The proposed sign location would be within this easement. City staff recommends that a condition of approval be that the sign is subject to removal/replacement at no cost to the City if access to the drainage and utility easement is required in the future. Criteria. Section 20-6-2.6 of the Zoning Ordinance outlines the criteria for consideration of variance applications: In considering all requests for a variance and in taking subsequent action, the Planning Commission and the City Council shall make a finding of fact that the proposed action will not: 2 2. a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. C. Have the effect of allowing any uses which are prohibited, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this [Zoning Ordinance]. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of Item 2, below. A variance from the terms of this [Zoning Ordinance] shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district or area. (1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. (2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Chapter. (3) Special conditions and circumstances causing undue hardship shall not be a result of lot or building size, or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of this [Zoning Ordinance] would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this [Zoning Ordinance] or deny the applicant the ability to put the property in question to any reasonable use. C. The special conditions and circumstances causing the undue hardship are not the result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this [Zoning Ordinance] to other lands, structures or buildings in the same district under the same conditions. e. The request is not a result of non -conforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. 3. Application for a variance shall set forth reasons that the variance is justified in order to make reasonable use of the land, structure or building. 4. Should the City Council find that the conditions outlined heretofore apply to the proposed lot or parcel, the City Council may grant a variance from the strict application of this [Zoning Ordinance] so as to relieve such difficulties or hardships to the degree considered reasonable, provided such relief may be granted without impairing the intent of this [Zoning Ordinance]. Hardships caused by public action such as the taking of right-of-way for public street improvements are recognized by the Zoning Ordinance as a legitimate basis for approval of a variance. In this situation, the taking of right-of-way for the TH 101 project negatively effects the intended use of the freestanding sign as a directional aid and business identification. Alternative locations for the sign within the property are also compromised by MN/DoT's improvements within the acquired right-of-way and existing mature trees on the property and within the right-of-way. RECOMMENDATION Our office recommends approval of a minor variance to allow the proposed freestanding sign to be located within the setback required by the Zoning Ordinance based on an undue hardship caused by acquisition of public right-of-way for the TH 101 project, improvements within acquired public right-of-way and existing natural conditions of the subject site. POSSIBLE ACTIONS A. Motion to approve a minor variance allowing a freestanding sign to encroach with the setback required by Section 20-37-3.13 of the Zoning Ordinance, subject to the following conditions: 1. The sign shall be erected within the boundaries of the subject site. 4 2. The City reserves the right to remove the sign located within a drainage and utility easement without compensation for purposes consistent with the easement. 3. A sign installed within a required setback under this minor variance shall be limited to a maximum area of 100 square feet and maximum height of 20 feet; Any sign freestanding sign with greater area or height as may be allowed by the Zoning Ordinance shall comply with applicable setback requirements. 4. A sign permit shall be obtained prior to construction of the sign upon the property. B. Motion to deny the request based on a finding that the application is inconsistent with the Comprehensive Plan and Zoning Ordinance. C. Motion to table. C. Mike Robertson, City Administrator Judy Hudson, City Clerk Tami Loff, Deputy City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer 5 CITY OF GTSEG0 WRIGHT COUNTY, MINNESOTA APPLICANT: Anoka Equine 03-17-09 FINDINGS & DECISION MINOR VARIANCE APPLICATION: Request for a minor variance to allow an encroachment of a freestanding sign into the setback required by Section 20-37-3.13 of the Zoning Ordinance. CITY COUNCIL MEETING: 23 March 2009 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, 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 Lot 1, Block 1 Anoka Equine, City of Otsego, County of Wright, State of Minnesota. B. The property lies within the East Sanitary Sewer District and is guided for commercial land uses by the Otsego Comprehensive Plan. C. The property is zoned B-3, General Business District. D. The applicant is requesting a variance to allow a freestanding sign to be constructed within ten (10) foot setback required by Section 20-37-3.13 of the Zoning Ordinance. E. The request qualifies as a minor variance as established by Section 20-6-3.A.2 of the Zoning Ordinance; Applications for m inor variance do not require a public hearing or review by the Planning Commission unless determined to be necessary by the City Council. F. Consideration of the application by the City Council is to be based upon, but not limited to, the criteria outlined in Section 20-6-2.13 of the Zoning Ordinance: 1. In considering all requests for a variance and in taking subsequent action, the Planning Commission and the City Council shall make a finding of fact that the proposed action will not: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. C. Have the effect of allowing any uses which are prohibited, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Chapter. f. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of Item 2, below. 2. A variance from the terms of this Chapter shall not be granted unless it can be demonstrated that: Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district or area. (1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. (2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Chapter. (3) Special conditions and circumstances causing undue hardship shall not be a result of lot or building size, or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter or deny the applicant the ability to put the property in question to any reasonable use. C. The special conditions and circumstances causing the undue hardship are not the result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other lands, structures or buildings in the same district under the same conditions. e. The request is not a result of non -conforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. G. The planning report dated 17 March 2009prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. DECISION: Based on the foregoing information, applicable ordinances and submitted plans, the requested minor variance is hereby approved subject to the following conditions: 1. The sign shall be erected within the boundaries of the subject site. 2. The City reserves the right to remove the sign located within a drainage and utility easement without compensation for purposes consistent with the easement. 3. A sign installed within a required setback under this minor variance shall be limited to a maximum area of 100 square feet and maximum height of 20 feet; Any sign freestanding sign with greater area or height as may be allowed by the Zoning Ordinance shall comply with applicable setback requirements. 4. A sign permit shall be obtained prior to construction of the sign upon the property. 2 ADOPTED by the Otsego City Council this 23RD day of March, 2009. CITY OF OTSEGO By: Jessica Stockamp, Mayor Attest: Judy Hudson, Zoning Administrator/City Clerk Anoka Equine Exhibit A Date Created: 3/17/2009 Map Scale: 1 in = 180 ft aw F'a7Ctls Clty!Tawrlshlp Limits Reads CS ICL CTYCL MUNICL PRNATCCL TW PCL Intoratalo Tac I lwy U S I l" Parcel ID 118500352100 Alternate ID N/A Owner Name ANOKA EQUINE PROPERTY LLC Sec/Twp/Rng 35-121-23 Class 233 - COMM LAND & BLDGS Owner AddressNOK EQUINE NE PROPERTY LLC Property Address 16445 70TH ST NE Acreage 0.00 OTSEGO, MN 55330 OTSEGO District Brief Tax Description Sect -35 Twp -121 Range -023 UNPLATTED LAND TH PRT OF E570FT OF N548FT OF E1/2 OF NWl/4 WH LIES WLY OF ELY 222FT OF El/ OF NW1/4 EX TH PRT SHWN AS PARCEL 209 ON MNDOT R/W PLAT NO.86-26 EX TH PRT SHWN AS PARCEL 3098 ON MNDOT R/W PLAT NO.86-109 (118237-030902) (Note: Not to be used on legal documents) ITEM g_2 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan nersgnacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 16 March 2009 RE: Otsego — Pride in Our Parks Program NAC FILE: 176.08 — 09.01 The Parks and Recreation Commission has been working to develop an adopt -a -park program to be known as Pride in Our Parks. The purpbse of the program is to provide a framework for volunteer efforts within park maintenance and improvements. Volunteers or groups of volunteers interested in park related projects will propose a work program of activities and documentation of participants subject to review by the Public Works Supervisor and Parks and Recreation Commission and approval of the City Council. The Public Works Department will direct volunteer activities and provide support. The policy establishing the Pride in Our Parks program drafted by City staff at the direction of the Parks and Recreation Commission establishes necessary work rules and waivers of liabilities. City staff has also drafted related application, participation waiver and reporting forms. The Parks and Recreation Commission recommended City Council approval of the proposed Pride in Our Parks Program at their meeting on 11 March 2009. The City Council will review the proposed policy document and related forms at their meeting on 23 March 2009 at 6:30 PM. C. Mike Robertson, City Administrator Judy Hudson, City Clerk Tami L.off, Deputy Clerk Brad Belair, Publirks Supervisilf Andy MacArthur, Attorney POLICY 1 PRIDE IN OUR PARKS PROGRAM Section: 1.01: Purpose 1.02: Participation 1.03: Program 1.04: Park and Trail Rules 1.05: Agreement 1.06: Waiver of Liability 1.01: PURPOSE: The purpose of the Otsego Pride in Our Parks program is to encourage business, civic groups or individuals to assist, on a volunteer basis, in improving and maintaining City parks and trails to provide for a welcoming and safe recreation experience for all users. 1.02: PARTICIPATION: A. Eligible Participants: All persons eighteen (18) years of age or older. 2. Persons under the age of eighteen (18) years of age may participate provided that at least one (1) person eighteen (18) years of age or older is present as the primary responsible person to supervise any work or service performed under the Pride in Our Parks program. 3. The number of persons within a group participating in the Pride in Our Parks program shall be sufficient to complete the activities set forth by the approved program the group has committed to. B. Application: 1. Requests to participate in the Otsego Pride in Our Parks program shall be submitted to the City Clerk using the form provided by the City and shall include the following information: a. Name of organization. b. Name, address and phone number of a primary contact person at least eighteen (18) years of age or older. C. Names and addresses for all participants; ages for any participants under the age of eighteen (18) years. d. Choice of park or trail facilities to adopt. e. Proposed activity program. Other information requested by City staff, the Parks and Recreation Commission or City Council. 2. The Parks and Recreation Commission shall review the application and proposed program activities and make a recommendation to the City Council as to approval of the application taking into consideration the capabilities of the participants and scope of the activity program in relation to the facility to be adopted. 3. Upon receiving a recommendation from the Parks and Recreation Commission, the City Council shall consider the application with approval requiring a majority vote. C. Participant Commitment: 1. Participants will be a positive representative of the City of Otsego and a good role model for public service within the community. 2. Participants agree to a two (2) year commitment to the Pride in Our Parks program; a two (2) year commitment shall not be required for special projects approved under this Policy or as otherwise recommended by the Parks and Recreation Commission and approved by the City Council. 3. Participation in the Pride in Our Parks program may be renewed at the end of the commitment period upon recommendation by the Parks and Recreation Commission and approval of the City Council. 4. The City Council may terminate a participant in the Pride in Our Parks program at any time. D. City Support: 1. The City Council will award a certificate of appreciation to participants at a regular City Council meeting. E 2. A sign identifying the participants will be placed for individual adoptions after acceptance of at least two (2) activity reports by the Parks and Recreation Commission. a. The City reserves the right to approve, edit and/or amend content displayed on the sign. 3. Public works staff will coordinate and oversee participant activities. 4. The City will provide: a. Trash bags and trash pick-up/disposal. b. Other hand tools or safety equipment as determined by the Public Works Supervisor. 1.03: PROGRAM ACTIVITIES: A. Areas to adopt may include entire parks or particular areas within specific parks including the following: 1. Neighborhood parks. 2. Playgounds, picnic areas, sports fields/courts within community parks. 3. Trail segments. 4. Trees, shrubs, flower beds. 5. Undeveloped park land. B. Pride in Our Parks program activities may include: 1. Inspection of the adopted park facilities a minimum of one (1) time per month to pick up trash, identify needed repairs, light replacement and report graffiti or vandalism. 2. Park maintenance a minimum of two (2) times per year for trash pickup, rake grass or sand to remove leaves, sweep shelters, sidewalks and trails and clean picnic tables and benches or other activities as approved by the Public Works Supervisor. 3. Planting of flowers, shrubs and/or trees: 3 a. Plants to be installed must be of a type and size approved by the Public Works Supervisor. b. Participants are required to maintain and water installed plants for a minimum of one growing season. C. The scope of work may be limited to adoption of one or more planting beds within a given park. 4. Other activities subject to review by the Parks and Recreation Commission and approval of the City Council. C. Participants shall submit a monthly report of activities to the Parks and Recreation Commission on the form provided by the City. D- Activity Rules: 1. Work or service shall be limited to the approved activity within the designated area upon City property. 2. Work or service is encouraged to occur during daylight hours and in no case shall extend beyond the hours of 8:00 AM and 10:00 PM. 3. There must be at least one (1) person eighteen year of age or older present or each five (5) persons under the age of eighteen (18). 4. Participants shall wear gloves and closed toe shoes while doing the work or service. 5. The use of power tools, equipment and machinery by participants is prohibited, unless approved by the Public Works Supervisor. 6. Participants shall not attempt repair of City owned property and will report any needed repairs to the Public Works Supervisor, unless set forth as part of a participant's approved Pride in Our Parks program. 7. Participants shall not attempt removal of any hazardous or unreasonably large or heavy items and will report any such material to the Public Works Supervisor. E. All activities shall be coordinated with the Public Works Department: 4 1. The date and time work or service is to be performed shall be approved by the Public Works Supervisor at least fourteen (14) days in advance of the scheduled activity. 2. The Public Works Supervisor will review any safety procedures and special instructions with participants before each activity. 1.04: PARK AND TRAIL RULES: Participants in the Pride in Our Parks program shall comply with all rules and regulations for City parks and trails established in Chapter 6, Section 7 of the City Code. 1.05: AGREEMENT: Participants shall enter into an informal agreement with the City of Otsego for volunteer services to maintain and make improvements within City parks and trails in accordance with a work program reviewed by the Parks and Recreation Commission and approved by the City Council and agreeing to waive liabilities as set forth by this Policy. 1.06: WAIVER OF LIABILITY: All participants in the Otsego Pride in Our Parks program engaged in any work or service performed under this policy shall s agreeing to the following: A. All participants shall assume liability for and save the City of Otsego, its agents and employees, harmless from and fully indemnify the City for any and all claims for damages, actions or causes of action of any nature arising out of the work or service to be done under the Pride in Our Parks program. B. All participants shall not be considered employees, agents or contractors of the City of Otsego and any and all claims made by the participants or other party engaged in work or services to be done under the Pride in Our Parks program shall in no way be the obligation or responsibility of the City of Otsego. C. All participants shall provide a signed waiver of liability in the form provided by the City prior to any work or service activity being performed under the Pride in Our Parks program. CITY OF 0 T S E G 0 8899 Nashua Ave., NE, Otsego, MN 55330 Phone: 763-441-4414 Fax: 763-441-8823 Group Name (or Participant): PRIDE IN OUR PARKS PROGRAM PROPOSAL AND AGREEMENT Contact Information for Responsible Individual (minimum 18 years of age or older): Name: Address: City: State: Zip Code: Phone(d): (e): e-mail: * Please provide a separate list of all participants names, ages and contact information. Program Proposal Park or Area to be Adopted: Scope of Work: Terms and Conditions 1. 2. 3. 4. 5. 6. This agreement shall be in effect for two (2) years from the date of City Council approval. The participant(s) shall develop and follow an activity program of the property in accordance with the Pride in Our Parks policy of the City of Otsego. The participant shall provide a monthly report all program activities to the Parks and Recreation Commission. Each individual participating in the Adopt -A -Park program must sign a liability waiver in the form provided by the City of Otsego. Participants shall follow all park and trail regulations established by the City Code and adhere to the Pride in Our Parks policy. The City of Otsego may terminate this agreement at any time Participant: Dom: CITY OF OTSEGO 8899 Nashua Ave., NE, Otsego, MN 55330 Phone: 763-441-4414 Fax: 763-441-8823 Adopt -A -Park Group (or Participant): PRIDE IN OUR PARKS PROGRAM LIABILITY WAIVER Participant Information: Name: Address: City: State: Zip Code: Phone(d): (e): e-mail: Release of Liability and Waiver Agreement: In consideration of myself or my child's participation in the City of Otsego's Pride in Our Parks program 1, the undersigned, agree that: A. All activities undertaken by me or my child are at my or my child's own risk and that the City of Otsego, its employees, agents, contractors and volunteers shall not be liable for any claim, demand, injury, damage, action, or causes of action whatsoever to myself or my child, my property or my child's property do to the negligence or failure to act of the City of Otsego, its employees, agents, contractors and volunteers arising out of or connected with my or my child's participation in this program. 1 expressly forever release and discharge the City of Otsego its employees, agents, contractors and volunteers from any such claim, demand, injury, damage, action, or causes of action whatsoever. B. I understand that my signature is required before my or my child's participation is allowed. 1 have read this agreement carefully and know and understand its contents. I agree to participate or allow my child to participate in the Pride in Our Parks program sponsored by the City of Otsego. I understand that participation in the program is completely voluntary and that the program is being offered as an optional activity for the benefit of the participants and that there is no requirement to participate in the program. Participant: per: !f participant is under eighteen (18) years of age: Parent/Guardian: per: CITY OF O T S E G O 8899 Nashua Ave., NE, Otsego, MN 55330 Phone: 763-441-4414 Fax: 763-441-8823 Group Name (or Participant): Month of: Contact Information for Responsible Individual: Name: Phone(d): (e) e-mail: Activity Report: PRIDE IN OUR PARKS PROGRAM MONTHLY REPORT Notes/Comments: Participant: Date: Please e-mail this report to c/tvhallC aotsego mn us by the first Monday of each month. ITEM 8_3 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: 16 March 2009 RE: Otsego — Adopt -A -Street Program NAC FILE: 176.08 The Police Commission has proposed an Adopt -A -Street program for City streets within Otsego. The primary focus of the program is to encourage volunteer efforts for trash pick up in ditches and boulevards along City streets. The Police Commission recommended City Council approval of an Adopt -A -Street program at their meeting on 10 March 2009 and directed City staff to prepare the necessary policy. The policy establishing the Adopt A -Street program drafted by City staff establishes necessary work rules and waivers of liabilities. The Public Works Department will direct volunteer activities and provide support. City staff has also drafted related application, participation waiver and reporting forms. City staff recommends approval of the propose Adopt -A -Street program in the form attached hereto. The City Council will review the proposed policy document and related forms at their meeting on 23 March 2009 at 6:30 PM. C. Mike Robertson, City Administrator Judy Hudson, City Clerk Tami Loff, Deputy Clerk Brad Belair, Public Works Supervisor Andy MacArthur, City Attorney POLICY 2 ADOPT -A -STREET Section: 2.01: Purpose 2.02: Participation 2.03: Program 2.04: Agreement 2.05: Waiver of Liability 2.01: PURPOSE: The purpose of the Otsego Adopt -A -Street program is to encourage business, civic groups or individuals to assist, on a volunteer basis, in improving and maintaining boulevard areas along City streets to provide for an attractive streetscape within the community. 2.02: PARTICIPATION: A. Eligible Participants: 1. All persons eighteen (18) years of age or older. 2. Persons ten (10) years old, but under the age of eighteen (18) years may participate provided that at least one person eighteen (18) years of age or older is present as the primary responsible person to supervise any work or service performed under the Adopt -A -Street program. 3. The number of persons within a group participating in the Adopt -A - Street program shall be sufficient to complete the activities set forth by the approved program the group has committed to. B. Application: 1. Requests to participate in the Otsego Adopt -A -Street program shall be submitted to the City Clerk using the form provided by the City and shall include the following information: a. Name of organization. b. Name, address and phone number of a primary contact person at least eighteen (18) years of age or older. C. Names and addresses for all participants; ages for any participants under the age of eighteen (18) years. d. Choice of City street segment to adopt. e. Proposed activity program. f. Other information requested by City staff, the Police Commission or City Council. 2. The Police Commission shall review the application and proposed program activities and make a recommendation to the City Council as to approval of the application taking into consideration the capabilities of the participants and scope of the activity program in relation to the Street segment to be adopted. 3. Upon receiving a recommendation from the Police Commission, the City Council shall consider the application with approval requiring a majority vote. C. Participant Commitment: 1. Participants will be a positive representative of the City of Otsego and a good role model for public service within the community. 2. Participants agree to a two (2) year commitment to the Adopt -A - Street program; a two (2) year commitment shall not be required for special projects approved under this Policy or as otherwise recommended by the Police Commission and approved by the City Council. 3. Participation in the Adopt -A -Street program may be renewed at the end of the commitment period upon recommendation by Police Commission and approval of the City Council. 4. The City Council may terminate a participant in the Adopt -A -Street program at any time. D. City Support: The City Council will award a certificate of appreciation to participants at a regular City Council meeting. 2 2. A sign identifying the participants will be placed at each approach to the Street segment after acceptance of at least two (2) activity reports by the Police Commission. a. The name on the sign shall be limited to two lines of eighteen characters. b. The City reserves the right to approve, edit and/or amend content displayed on the sign. 3. Public works staff will coordinate and oversee participant activities. 4. The City will provide: a. Trash bags and trash pick-up/disposal. b. Safety vests. C. Other hand tools or safety equipment as determined by the Public Works Supervisor. 2.03: PROGRAM ACTIVITIES: A. Areas to adopt may include: 1. City streets or segments of City streets. 2. Major intersections involving at least one (1) City street. B. Adopt -A -Street program activities may include: 1. Inspection of the adopted street segment a minimum of one (1) time per month to identify needed repairs, light replacement and report graffiti or vandalism. 2. Boulevard or ditch maintenance a minimum of two (2) times per year for trash pickup, clean signs or other activities as approved by the Public Works Supervisor. 3. Planting of flowers, shrubs and/or trees. a. Plants to be installed must be of a type and size approved by the Public Works Supervisor. 3 b. Participants are required to maintain and water installed plants for a minimum of one growing season. C. The scope of work may be limited to adoption of one or more planting beds along a City street segment. 4. Other activities subject to review by the Police Commission and approval of the City Council. C. Participants shall submit a monthly report of activities to the Police Commission on the form provided by the City. D. Activity Rules: 1. Work or service shall be limited to the approved activity within the designated area of the City public right-of-way: a. No work or service shall be performed within the traveled portion of roadway or paved/gravel shoulder. b. Work or service shall be confined to the outside edge of the shoulder or curb and the right-of-way boundary unless specifically approved by the Public Works Supervisor. 2. Work or service shall be performed only in accordance with a schedule approved by the Public Works Supervisor only during daylight hours and in no case shall extend beyond the hours of 8:00 AM and 8:00 PM. 3. There shall be at least one (1) person eighteen year of age or older present for each three (3) persons under the age of eighteen (18). 4. Participants shall wear gloves and closed toe shoes while doing the work or service. 5. The use of power tools, equipment and machinery by participants is prohibited, unless approved by the Public Works Supervisor. 6. Participants shall not attempt repair of City owned property and will report any needed repairs to the Public Works Supervisor, unless set forth as part of a participant's approved Adopt -A -Street program. 7. Participants shall not attempt removal of any hazardous or unreasonably large or heavy items and will report any such material to the Public Works Supervisor. 4 E. All activities shall be coordinated with the Public Works Department: 1. The date and time work or service is to be performed shall be approved by the Public Works Supervisor at least fourteen (14) days in advance of the scheduled activity. 2. The Public Works Supervisor will review any safety procedures and special instructions with participants before each activity. 2.04: AGREEMENT: Participants shall enter into an informal agreement with the City of Otsego for volunteer services to maintain and make improvements within City right-of-way in accordance with a work program reviewed by the Police Commission and approved by the City Council and agreeing to waive liabilities as set forth by this Policy. 2.05: WAIVER OF LIABILITY: All participants in the Otsego Adopt -A - Street program engaged in any work or service performed under this policy shall agree to the following: A. All participants shall assume liability for and save the City of Otsego, its agents and employees, harmless from and fully indemnify the City for any and all claims for damages, actions or causes of action of any nature arising out of the work or service to be done under the Adopt -A -Street program. B. All participants shall not be considered employees, agents or contractors of the City of Otsego and any and all claims made by the participants or other party engaged in work or services to be done under the Adopt -A - Street program shall in no way be the obligation or responsibility of the City of Otsego. C. All participants shall provide a signed waiver of liability in the form provided by the City prior to any work or service activity being performed under the Adopt -A -Street program. y u HADOPT A HIGHWAY NEXT 2 MILES THANKS TO M wPtofessional Plurqbinq r�• CITY OF OTSEGO 8899 Nashua Ave., NE, Otsego, MN 55330 Phone: 763-441-4414 Fax: 763-441-8823 ADOPT -A -STREET PROGRAM PROPOSAL AND AGREEMENT Contact Information for Responsible Individual (minimum 18 years of age or older): Name: Address: City: _ Phone(d; (e): State: Zip Code: e-mail: * Please provide a separate list of all participants names, ages and contact information. Name to appear on Sign (Maximum 18 characters including spaces and punctuation): Program Proposal Street Segment to be Adopted: Scope of Work: Terms and Conditions 1. This agreement shall be in effect for two (2) years from the date of City Council approval. 2. The participant(s) shall develop and follow an activity program of the property in accordance with the Adopt -A -Street policy of the City of Otsego. 3. The participant shall provide a monthly report all program activities to the Police Commission. 4. Each individual participating in the Adopt -A -Street program must sign a liability waiver in the form provided by the City of Otsego. 5. Participants shall follow all regulations established by the City Code and adhere to the Adopt -A - Street policy. 6. The City of Otsego may terminate this agreement at any time. Participant: Date: CITY OF O T S E G O 8899 Nashua Ave., NE, Otsego, MN 55330 Phone: 763-441-4414 Fax: 763-441-8823 Adopt -A -Street Group (or Participant): ADOPT -A -STREET PROGRAM LIABILITY WAIVER Participant Information: Name: Address: City: State: Zip Code: Phone(d): (e): e-mail: Release of Liability and Waiver Agreement: In consideration of myself or my child's participation in the City of Otsego's Adopt -A -Street program I, the undersigned, agree that: A. All activities undertaken by me or my child are at my or my child's own risk and that the City of Otsego, its employees, agents, contractors and volunteers shall not be liable for any claim, demand, injury, damage, action, or causes of action whatsoever to myself or my child, my property or my child's property do to the negligence or failure to act of the City of Otsego, its employees, agents, contractors and volunteers arising out of or connected with my or my child's participation in this program. I expressly forever release and discharge the City of Otsego its employees, agents, contractors and volunteers from any such claim, demand, injury, damage, action, or causes of action whatsoever. B. I understand that my signature is required before my or my child's participation is allowed. I have read this agreement carefully and know and understand its contents. I agree to participate or allow my child to participate in the Adopt -A -Street program sponsored by the City of Otsego. I understand that participation in the program is completely voluntary and that the program is being offered as an optional activity for the benefit of the participants and that there is no requirement to participate in the program. Participant: Date: If participant is under eighteen (18) years of age: Parent/Guardian: Date: CITY OF OTSEGO 8899 Nashua Ave., NE, Otsego, MN 55330 Phone: 763-441-4414 Fax: 763-441-8823 Adopt -A -Street Group (or Participant): Month of: Contact Information for Responsible Individual: Name: Phone(d): (e): e-mail: Activity Report: Date # of Activities Participants Notes/Comments: Participant: ADOPT -A -STREET PROGRAM MONTHLY REPORT Date: Please e-mail this report to cWhallAci.otsecro.mmus by the first Monday of each month. ITEM 8_4 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: 16 March 2009 RE: Otsego — Property Maintenance Ordinance NAC FILE: 176.08 — 08.09 City staff has drafted proposed amendments to Chapter 5, Section 7 of the City Code related to property maintenance. The recommended changes have been developed based upon City staffs experience with development and grass maintenance nuisance enforcements. To this end, the purpose of the amendments is to: ■ Separates property maintenance requirements for properties in residential and agricultural districts from those for properties in commercial, industrial and institutional districts. ■ Reduces the allowed height for lawns and boulevards from 12 to eight inches. ■ Requires in -ground irrigation for commercial, industrial and institutional properties. ■ Lists specifically those plants defined by the State as noxious weeds prohibited by the City Code. ■ Provides guidelines for boulevard plantings including a statement that such plants are subject to removal by the City in maintaining the right-of-way. ■ Establishes an administrative permitting procedure for natural lawns to ensure that these types of plantings are properly designed, installed and maintained. ■ Regulates composting activities as an accessory use subject to size and location restrictions. ■ Allows exceptions from the lawn maintenance requirements for fence lines, open pastures, undeveloped parcels and outlots, areas adjacent to ponds or wetlands and City properties. Properties must still be maintained to prevent noxious weeds and where undeveloped parcels abut developed lots, a 10 foot wide buffer must be also maintained to the eight inch height limit. City staff recommends approval of Ordinance 2009-02 in the form attached hereto. The City Council will review the proposed City Code amendment at their meeting on 23 March 2009 at 6:30 PM. C. Mike Robertson, City Administrator Judy Hudson, City Clerk Tami Loff, Deputy Clerk Sandy Lindenfelser, Special Licensing Brad Belair, Public Works Supervisor Andy MacArthur, City Attomey Ron Wagner, City Engineer 2 ORDINANCE NO.: 2009-02 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING CITY CODE OF THE CITY OF OTSEGO REGARDING PROPERTY MAINTENANCE. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 5-7-1 of the Otsego City Code is hereby amended to read as follows: 5-7-1: DEFINITIONS: The following terms shall be defined as follows for the purposes of this Section: A. Boulevard. The public right-of-way lying between the property line and sidewalk, and between the sidewalk and the roadway, or where no sidewalk exists, between the property line and the roadway. B. Current Service. One or more of the following: snow, ice or rubbish removal from sidewalks; weed elimination from street grass plots adjacent to sidewalks or from private property; removal or elimination of public health or safety hazards from private property, excluding any hazardous building included in Minnesota Statutes, Section 463.15 to 463.26; installation or repair of water service lines; street sprinkling, street flushing, light street oiling, or other dust treatments of streets, repair of sidewalks and alleys; trimming and care of trees and removal of unsound and insect -infected streets from the public streets or private property the operation of a street lighting system, the operation and maintenance of a fire protection system or pedestrian skyway system. C. Natural Landscaping. Any land managed to preserve or restore native Minnesota grasses, forbs, native trees, shrubs, wildflowers and aquatic plants. E. Natural Landscaping Permit. A permit issued by the City pursuant to this Section allowing an owner or occupant to cultivate native Minnesota grasses, forbs, native trees, shrubs, wildflowers and aquatic plants upon his/her property, subject to the restrictions of this Section. E. Natural Landscaping Maintenance Plan. A document submitted with an application for a Natural Landscaping Permit demonstrating a precise course of maintenance for numerous individual plants in a landscape over months and seasons. F. Noxious Weed. An annual, biennial or perennial plant that the State of Minnesota designates to be injurious to public health, the environment, public roads, crops, livestock or other property. G. Undesirable Plant. A non -noxious species that is classified as exotic, invasive, injurious or poisonous including but not limited to, broadleaf and grass weeds. H. Turf Grass. Cultivated vegetation consisting of a highly maintained surface of dense grass underlain by a thick root system. Section 2. Section 5-7-3 of the Otsego City Code is hereby amended to read as follows: 5-7-3: YARD AND BOULEVARD MAINTENANCE A. Purpose. The purpose of this Section is to establish minimum standards for lawn and yard maintenance while recognizing that a variety of landscapes within a community adds diversity and richness to the quality of life for all residents. Turf grass lawns continue to be recognized as the dominant feature in the landscape; however, alternatives to this traditional type of lawn are recognized as important parts of a diverse and successful landscape. B. General Requirements. Properties within agricultural and residential zoning districts established by Section 20-50-1 of the Zoning Ordinance. a. The owner or occupant of any lot or parcel shall install and maintain turf grass or combined ground cover of cultivated vegetation, garden, hedges, trees and shrubbery. All plants shall be alive, of good quality, and disease free or shall be replaced or removed. b. The owners or occupant of any lot or parcel shall be responsible for lawns and the boulevard portion of the public right-of-way to be maintained to a height not to exceed eight (8) inches. C. Plantings shall be maintained so as not to present hazards to adjoining properties or to persons or vehicles traveling on public ways and shall be maintained so as to enhance the appearance of the property on which located and thereby the appearance of the neighborhood and the City. 2. Properties within business, industrial and institutional districts established by Section 20-50-1 of the Zoning Ordinance. 2 a. All properties are subject to requirements outlined in Section 5-7- 3.6.1 of this Section. b. All properties shall provide an exterior irrigation system within the property and the boulevard portion of the public right-of-way abutting the property to ensure that all turf grass, ground cover of cultivated vegetation, garden, hedges, trees and shrubbery maintenance can be accomplished. C. Plants Prohibited. The owners and occupants of all property within the City shall destroy all of the following plants listed on the prohibited noxious weeds list established by Minnesota State Statue, Chapter 18, Sections 18.75 — 18.88 and Minnesota Rules, parts 1505.0730 —1505.0760, which include the following: a. Garlic Mustard, Alliaria petiolata b. Hemp, Cannabis sativa C. Bull Thistle, Cirsium vulgare d. Musk Thistle, Carduus nutans e. Plumeless Thistle, Carduus acanthoides f. Canada Thistle, Cirsium arvense g. Field Bindweed, Convolvulus arvensis h. Leafy Spurge, Euphorbia esula i. Perennial Sowthistle, Sonchus arvensis Poison Ivy, Toxicondendron radicans* k. Purple Loosestrife, Lythrum salicaria, virgatum * Native species to Minnesota. 2. Any property subject to Section 5-7-3.13 of this Section containing dead or diseased plants, secondary noxious weeds as established by Minnesota Rule 1505.0740, or undesirable plants or turf grass growing to a height in excess of eight (8) inches shall be in violation of the provisions of this Section and deemed a nuisance. D. Boulevard Plantings. A property owner in the City shall be permitted to plant and maintain trees and gardens on the boulevards abutting their property along local streets defined by the Comprehensive Plan. 2. No boulevard shall be planted without written documentation that the property owner has contacted "Gopher State One Call" to determine location of sewer and water mains, laterals and service and other underground utility lines forty-eight (48) hours before digging. I. Trees. a. Trees shall be deciduous of the type authorized by Section 20-16-7 of the Zoning Ordinance. b. Tree shall not be planted within ten (10) feet of any sewer or water line or driveway or within two (2) feet of any gas, electric or telephone lines underground. 4. Plantings other than trees allowed by Section 5-7-3.D.3 of this Section: a. Plantings may include flowers, vegetables and other plants, but in no event shall any noxious weed be planted or maintained. b. Plantings may not exceed thirty-six (36) inches in height. Plantings within thirty (30) feet of any intersection (as measured from the property line) or within) twenty (20) feet of any alley, or driveway approach (as measured from the end of the radius, or within five (5) feet of a public utility fixture or street curb may not exceed twelve (12) inches in height. C. Plantings shall be limited to twelve (12) inches in height within ten (10) feet of the curb on street sections that do not have parking lanes, or along on street sections where "no parking" restrictions of any kind apply. 5. No herbicides, pesticides and/or fertilizers may be used in the maintenance of gardens under this section without written approval of the Zoning Administrator, which approval shall contain the type and amount of said herbicide, pesticide and/or fertilizer that is allowed. 6. Plantings must be maintained in such a way that there is no overhang or encroachment onto the sidewalk, curb or street area. 4 7. Notwithstanding the foregoing, all boulevards remain public property and are subject to the right of the City to restrict any plantings and or private irrigation systems that are deemed to interfere with the use of the public right-of-way as determined necessary by the City or which affects the safety of pedestrians and motorists alike: a. The City and other right-of-way users allowed by Chapter 6, Section 6 of the City Code shall have the right to perform necessary work to plant, trim and otherwise maintain trees, to access utilities and to store excess snow. b. In the event the City or other right-of-way user interferes with boulevard plantings or private irrigation in the course of such work, they shall be responsible only to restore the boulevard to the original grassy state by use of black dirt and grass seed. C. In no event shall the City or other right-of-way user be liable for any damage to, disruption of or removal of plantings, either direct or indirect, as a result of the city, its employees, agents or contractors performing any installation, maintenance or repairs. E. Natural Landscaping. 1. Any owner or occupant of a lot or parcel subject Section 5-7-3.13 of this Section desiring natural landscaping as defined by this Section may apply for a natural landscaping permit, where native grasses and forbs may exceed eight (8) inches in height, subject to the review and approval by the Zoning Administrator. 2. An application for a natural landscaping permit shall be submitted on the form provided by the City and shall include the required application fee established by Section 2-4-2 of the City Code and the following information: a. Statement of intent and purpose in cultivating natural landscaping. b. A site plan drawn to scale illustrating the following information: 1. Lot lines. 2. Location of principal and accessory buildings. 3. Any drainage and utilities easements upon the property. 4. Boundaries of wetlands, wetland buffers, required buffer yards, stormwater basins, drainageways or public waters within the property. 5. Location of the proposed natural landscaping. C. Latin and common names of the species the property owner or occupant plans to cultivate. d. Name and address of a Professional Landscaping Company which has been hired to perform maintenance on the natural landscaping; or the name, address, and qualifications of the person(s) who will be responsible for maintenance of the natural landscaping. e. A maintenance plan, which shall contain the following: Planting diagram showing the location and mature height of all specimens of natural landscaping; and, 2. Detailed information on the upkeep of each specimen; and, 3. Details of any long-term maintenance required for natural landscaping. f. Other information as may be required by the Zoning Administrator. 2. Maintenance of Setbacks and Drainage Swales. a. Natural landscaping shall be setback ten (10) feet from any lot line abutting a public right-of-way and five (5) feet from interior side and rear lot lines. b. All stormwater basins and drainage swales shall be free of plantings and maintained in accordance with Section 5-7-3.13 of this Section. C. In addition, a five (5) percent area exclusive of the setback area shall be left open for maintained paths. 3. Review and Approval. a. The Zoning Administrator shall review the natural landscaping permit list of all registered natural landscaping properties within thirty (30) days of the submittal and notify in writing the owner of occupant of any noncompliance of this subsection. b. The Zoning Administrator shall approve no natural landscaping for any owner or occupant having unresolved City code violations or administrative citations. 1.1 4.. Revocation. a. The Zoning Administrator shall regularly inspect any property holding a natural landscaping permit for compliance with the maintenance plan on file with the City. b. For any property out of compliance with the maintenance plan shall be subject to enforcement action as provided for Section 5-7-3.G of this Section. F. Composting. Composting shall be allowed on agricultural properties, properties where there is a single family detached dwelling or on property owned or operated by the City as an essential service in conformance with the following standards: 1. Permitted Composting Materials. Only yard waste, straw, fruit, vegetable scraps, coffee grounds or egg shells generated on the site are permitted composting materials as well as commercially available ingredients specifically designed to speed up or enhance decomposition and can be placed in the composting structure. 2. Prohibited Composting Materials. The following materials shall not be placed in the composting structure: woody yard waste, meat, bones, fat oils, whole eggs, dairy products, unshredded branches or logs, weeds heavily loaded with seeds, plastics, synthetic fibers, human or pet wastes, diseased plants, or any other garbage or refuse except those permitted in Section 5-7-31.1 of this Section. 3. Composting Structure. All composting materials shall be contained in a structure constructed of wood, wire mesh, a combination of wood and wire or in commercially fabricated compost bins design to contain composting materials subject to the following: a. One (1) composting structure shall be allowed per lot. b. Composting structures shall not exceed a total of three hundred (300) cubic feet in volume. C. Location: 1. The composting structure shall be located in the rear yard of the property as defined by the Zoning Ordinance 2. The composting structure shall comply with setbacks applicable to the property for accessory structures established by the Zoning Ordinance. 7 3. The composting structure shall be a minimum of forty (40) feet from any habitable building on abutting properties. 4. Maintenance. Standard compost management shall be used to enhance rapid biological degradation of the material to prevent combustion and objectionable odors, including aeration, adding moisture and providing a balance of composting materials. 5. The compositing or operation of composting structure in a manner that not compliant with the provisions of this section or that results in objectionable odors shall be a public nuisance and a violation of this Section. G. Exceptions: Fence lines and open pastures within agricultural zoning districts defined by Section 20-50-1 of the Zoning Ordinance or other properties being actively farmed shall be exempt from the provisions of Section 5-7-3.B.1.b of this Chapter. 2. Outlots platted with in subdivisions zoned R -C, Residential Rural Cluster Open Space District and designated as permanent open space in accordance with Section 20-60-7 of the Zoning Ordinance shall be exempt from the provisions of Section 5-7-3.B.1.b of this Chapter. 3. Outlots and Undeveloped Parcels. a. The outlot or undeveloped parcel(s) shall be planted with a seed mixture approved by the Zoning Administrator and maintained to prevent growth of noxious weeds prohibited by Section 5-3-7.C.1 of this Section. b. For an outlot or undeveloped parcel(s) consisting of: A contiguous tract of less than one (1) acre shall be more shall be exempt from Section 5-7-3.B. 1.b of this Chapter and shall maintained to a height not to exceed twelve (12) inches provided that a physical barrier exists to separate the parcel from adjacent properties. 2. A contiguous tract of one (1) acre or more shall be exempt from Section 5-7-3.B.1.b of this Chapter if a physical barrier exists to separate the parcel from adjacent properties. 3. A transition strip of land measuring ten (10) feet on that property that is maintained in compliance with Section 5-7- 3.13.1 of this Chapter is required next to the abutting properties if a physical barrier separating the properties does not exist. 8 C. For the purposes of this Section, a physical barrier shall meet one of the following criteria: The properties are separated by a public right-of-way, wetland, water body, floodplain, public open space, park or other such similar publicly reserved and development restricted area with a minimum width of thirty (30) feet across its entire length. 2. The abutting land use is a nonresidential use allowed in the district in which it is located. 4. Any privately or publicly owned land encumbered by a stormwater basin, drainageway, wetland, wetland buffer or public water shall be exempt from Section 5-7-3.13 of this Section. 5. Parks, natural areas and other properties owned by the City of Otsego. 6. Public rights-of-way maintained by the State, County or City shall be exempt from Section 5-3-7.13 of this Section. 7. Natural Landscaping approved in accordance with Section 5-7-3.E of this Section. G. Enforcement: On or before June 1 of each year and at such other times as ordered by resolution by the City Council, the City Clerk shall publish once in the official newspaper a notice directing owners and occupants of property within the City to destroy all plantings declared by Section 5-7-3.C. of this Section to be a nuisance and stating that if not destroyed within ten (10) days after publication of the notice, the City may act to abate the nuisance. 2. If the owner or occupant of any property in the City fails to comply with an Administrative Notice issued in accordance with Section 2-5-3 of the City Code for a property maintenance violation of this Section within ten (10) days after its publication, the Zoning Administrator shall order cutting and/or removal of such weeds and maintain a record showing the cost of such work attributable to each separate lot and parcel and shall deliver such information to the City Clerk. Section 3. Section 5-7-12 of the Otsego City Code is hereby amended to read as follows: 5-7-12: PENALTY: A. Any person who maintains a nuisance in violation of the provisions of this Section and any person who interferes with a City employee or other authorized person in the performance of any current service under this Section is guilty of a misdemeanor and shall be punished pursuant to applicable State Statute regarding misdemeanor penalties, as amended, plus the costs of prosecution. B. The City may, in its discretion, seek any administrative or civil remedies available to it as well, including administrative fines, injunctive relief or abatement. Each right or remedy accruing to the City under this ordinance or at law is separate and distinct and may, in the City's discretion, be exercised independently or simultaneously with any other right or remedy. Section 4. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 23 day of March, 2009. CITY OF OTSEGO M Jessica Stockamp, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk 10 ITEM 9-1 CSAH 39 JaDUFAvts. Kalenda Ave. &,njw w--- 250w Cobra - NW SE X $450.00 $450.00 40iaua $16.05 CSAH 37 Packard Ave. 250w Cobra SE SW X X $450,00 $16.05 70th St. 250w Cobra SW SW X $0,00 $16.05 67th St. 250w Cobra NE Inplace 250 Watt $0.00 $16.05 62nd St. 250w Cobra NE SW X X $450.00 $16.05 60th St. 250w Cobra NE SW X $450.00 $16.05 MacAlister Ave. 250w Cobra NW NW X $21.08 Jansen Ave. 250w Cobra NW Inplace 2 Watt X $450.00 $16.05 65th SL 250w Cobra NW X $450.00 $16.05 CSAH 19 70th St. 250w Cobra NE NE NE Inphm 250 Watt X $21.08 73rd St. 250w Cobra NE X $2,475.00 $21.08 77th St. 250w Cobra NE X $0.00 $16.05 80th SL 250w Cobra NE NE X $2,475.00 $21.06 Odeon Ave. 75th St. 250w Cobra NE NE X $0.00 $16.05 Nashua Ave, NopwAve. 250w Cobra SW SW SE X $0.00 $16.05 83rd St. 250w Cobra SW NE X $450.00 $16.05 Mason Ave. 83rd St. 250w Cobra NW NW X $1,100.00 $16.05 Ma~ Ave. 80th St. 250w Cobra SE SE X $0.00 $16.05 70th St. 250w Cobra NW/SE X $1.100.00 $21.08 Kadler Ave. 85th SL 250w Cobra SW NE X $1 0 $16.05 80th SL 250w Cobra NE SW X $$00 00 $16.05.0 Ja/gerAve. 85th St. 250w Cobra SE NW X $0.00 $16.05 70th St. 71st. (L) 250w Cobra NW SW SW X $0.00 $16.05 71st (VVI 250w Cobra NW X $13.50 Quam Ave 72nd St. 100W Col NW Inplace 100 Watt X $13.50 78th SL 100W Col SW Inplaw 100 Watt �-* TYPE 1 15% lantern 2 30R. Cobra/Shoe box Memo To: Mayor, Council, Mike Robertson, City Administrator and Judy Hudson, City Clerk, Andy MacArthur, City Attorney From: Sandy Lindenfelser, Special Licensing Date: March 18, 2009 Re: New Liquor License I have received the necessary paperwork to issue a new liquor license for the following establishment in the City of Otsego and recommend their approval contingent upon the Wright County Sheriff's background check. This license will not be issued until it is signed and dated by the Minnesota Alcohol & Gambling Enforcement Director and mailed back to the City of Otsego. NAPA Valley Liquor Inc, DBA NAPA Valley Liquors — Off -Sale Liquor License located at 15940 87"' Street NE, Otsego ITEM 77-2 COUNCIL ITEM SCHARBER & SONS CITY COUNCIL MEETING MARCH 23, 2009 TO: Judy Hudson Attached is the Scharber & Sons claims list for the City Council. For more details, please refer to the check detail registers. Claims Register 03-18-2009 $ 261.81 GRAND TOTAL $ 261.81 If you have any questions or if you would like to review this list further, please let me know. Sue Frisch Bookkeeper