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01-28-08 CCCLAIMS LIST CITY COUNCIL MEETING JANUARY 28, 2008 TO: Judy Hudson ITEM 5-1 Attached is the Claims List for the City Council. For more details, please refer to the Check Detail Registers. Claims Register PAYROLL 01-16-2008 01-16-2008 $ 62,756.30 01-18-2008 $ 80,000.00 01-23-2008 $ 99,939.03 $ 38,485.27 GRAND TOTAL $ 281,180.60 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 01/23/08 3:13 PM Page 1 `Check Summary Register© JANUARY 2008 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid ABDO ABDO EICK & MEYERS LL UnPaid BEAR ALARMS UnPaid BLACK RON UnPaid BRAUN INTERTEC UnPaid BRENT KOLLES UnPaid CENTRAL HYDRAULICS, INC. UnPaid CHRIS WILSON UnPaid CITI RESIDENTIAL LENDING UnPaid CITY OF OTSEGO UnPaid CITY OF ROGERS UnPaid CIVIC SYSTEMS, LLC UnPaid COURT MACARTHUR LAW OFFIC UnPaid DEPT OF LABOR & INDUSTRY UnPaid DRAGONFLY JOURNEY UnPaid ECM PUBLISHERS INC UnPaid ELK RIVER FLORAL Unpaid ELK RIVER MUNICIPAL UTILITIE UnPaid G & K TEXTILE LEASING SYSTE UnPaid HELGESON MAILING SERVICE L UnPaid HOTSY EQUIPMENT OF MINNES UnPaid INTERNATIONAL CODE COUNCI UnPaid JOAN VASSEUR JnPaid KEVIN LAMSON UnPaid LAND TITLE INC. UnPaid MAMA UnPaid MENARDS UnPaid MONTICELLO ANIMAL CONTROL UnPaid MORTON SALT UnPaid NORM FRESKE UnPaid OASIS DEVELOPMENT, INC. UnPaid OFC OF THE SECRETARY OF ST UnPaid OFFICEMAX UnPaid PEOPLE SERVICE INC. UnPaid SARPINOS UnPaid SCHLUENDER CONSTRUCTION UnPaid SCHWAAB, INC UnPaid SHIRLEY ISAACSON UnPaid SNAP-ON TOOLS UnPaid SRF CONSULTING GROUP, INC. UnPaid XCEL ENERGY UnPaid XEROX CORPORATION FILTER: None $4,000.00 2007 AUDIT SERVICES $2,470.80 PH #4 - BATTERY/ANALOG TO DIGITAL $90.00 2007 HERITAGE MTGS (9) $333.50 70TH ST IMPR PROJ $24.00 EXPO $160.51 HYD LINES FITTINGS $90.00 2007 HERITAGE MTGS (9) $73.19 W/S REFUND - 7779 PALISADES $1,330.39 15501 83RD ST - IRRIG $19,969.97 2008 FIRE CONTRACT $697.00 1/8/08 - 6/30/08 SUPPORT $6,408.65 ADMIN ENFORCEMENT -VIOLATION LETTE $20.00 HAROLD LEONARD - BLDG OFCL CERT RE $125.27 IMAGE WORK/TRANS TO CD $326.71 LEGAL - PUBLIC HEARING $53.25 JOY SWENSON FUNERAL $27.48 WILDFLOWER STREET LIGHTS $1,087.48 UNIFORMS/MATS • $759.17 NOV/DEC NEWSLETTER $384.72 SOAP FOR PRESSURE WASHER $75.73 RES CODE MAT'L $30.00 2007 HERITAGE MTGS (3) $15.00 EXPO $380.00 TITLE INS - BOOSTER STATION $18.00 1/17/08 MAMA LUNCHEON $472.49 GROUND FAULT TESTERS $120.00 ANIMAL CONTROL $11,853.55 BULK SAFE -T -SALT TREATED $20.00 2007 HERITAGE MTGS (2) $1,000.00 6781 MASON - LNDSCP ESC REFUND $40.00 NOTARY COMM - KATHY GROVER $116.49 OFFICE SUPPLIES $42,124.00 MONTHLY SERVICE - DEC $31.02 MEAL FOR PW SUB COMMITTEE MTG $750.00 PW SEPTIC PUMPING $37.27 NOTARY STAMP - SANDY $20.00 2007 HERITAGE MTGS (2) $37.26 METRIC MAG WRENCH $463.86 PARKS CONSULTING $3,813.87 16935 56TH CT $88.40_ STAPLES FOR XEROX Total Checks $99,939.03 CITY OF OTSEGO 01/23/08 3:14 PM Page 1 *Check Detail Register© JANUARY 2008 Check Amt Invoice Comment 10100 BANK OF ELK RIVER ABDO ABDO EICK &MEYERS LLP E 101-41600-304 Accounting & Auditing $4,000.00 236580 2007 AUDIT SERVICES Total ABDO ABDO EICK & MEYERS LLP $4,000.00 E 601-49400-390 Contracted Services $308.85 2585 WEST WTR TWR - BATTERY/ANALOG E 601-49400-390 Contracted Services $308.85 2586 PH #2 - BATTERY/ANALOG TO DIGI E 601-49400-390 Contracted Services $308.85 2587 PH #1 - BATTERY/ANALOG TO DIGI E 101-41950-400 Repairs & Maint Cont $308.85 2588 OLD CITY HALL- BATTERY/ANALOG E 602-49450-390 Contracted Services $308.85 2589 WEST WWTF - BATTERY/ANALOG TO E 601-49400-390 Contracted Services $308.85 2590 PH #3 - BATTERY/ANALOG TO DIGI E 601-49400-390 Contracted Services $308.85 2591 PH #4 - BATTERY/ANALOG TO DIGI E 602-49450-390 Contracted Services $308.85 2592 EAST WWTF - BATTERY/ANALOG TO Repair/Maint Supply (GENERAL) Total BEAR ALARMS $2,470.80 Total CENTRAL HYDRAULICS, INC. Unpaid- BLACK RON E101-45300-101 Full -Time Employees Regular $90.00 2007 HERITAGE MTGS (9) Total BLACK RON $90.00 Unpaid - -,._..�..' BRAUN INTERTEC _BRAUN - E 440-43100-302 Engineering Fees $333.50 288971 70TH ST IMPR PROJ Total BRAUN INTERTEC $333.50 Jnpafd � � BRENT KOLLES E 101-43100-360 Education/Training/Conferences $15.00 EXPO E 101-43100-360 Educationlrraining/Conferences $9.00 EXPO/PARKING Total BRENT KOLLES $24.00 Unpaid CENTRAL HYDRAULICS, INC. E 101-43100-220 Repair/Maint Supply (GENERAL) $160.51 9327 HYD LINES FITTINGS Total CENTRAL HYDRAULICS, INC. $160.51 CHRIS WILSON E 101-45300-101 Full -Time Employees Regular $90.00 2007 HERITAGE MTGS (9) Total CHRIS WILSON $90.00 CITI RESIDENTIAL LENDING R 601-37150 WATER SALES $73.19 W/S REFUND - 7779 PALISADES Total CITI RESIDENTIAL LENDING $73.19 E 101-45200-322 Utilities $6.39 15501 83RD ST - IRRIG E 101-45200-322 Utilities $145.37 6480 MASON AVE - IRRIG E 602-49450-322 Utilities $904.66 7551 LANCASTER - WEST WWTF E 602-49450-322 Utilities $156.71 7551 LANCASTER - WEST WWTF E 602-49450-322 Utilities $91.70 17330 53RD ST - EAST WWTF E 602-49450-322 Utilities $6.39 7551 LANCASTER -WEST WWTF E 602-49450-322 Utilities $6.39 7551 LANCASTER - WEST WWTF E 101-45200-322 Utilities $6.39 10400 71 ST ST - IRRIG E 101-45200-322 Utilities $6.39 11313 77TH ST - IRRIG Total CITY OF OTSEGO $1,330.39 .CITY OFROGERS �...M .�,,..,�.,...,_._.,.-..�...._. �... E 212-42200-390 Contracted Services $19,969_97 2778 2008 FIRE CONTRACT Total CITY OF ROGERS $19,969.97 CITY OF OTSEGO 01/23/08 3:14 PM Page 2 *Check Detail Register© JANUARY 2008 Check Amt Invoice Comment E 601-49400-390 Contracted Services $348.50 CVC4993 1/8/08 - 6/30/08 SUPPORT E 602-49450-390 Contracted Services $348.50 CVC4993 1/8/08 - 6/30/08 SUPPORT Total CIVIC SYSTEMS, LLC $697.00 Unpaid COURI MACARTHUR LAW OFFICE E 101-41700-301 Legal Services $52.65 DRURY PROPERTY E 250-42410-301 Legal Services $60.00 ADMIN ENFORCEMENT -VIOLATION E 101-41700-301 Legal Services $1,388.00 GENERAL E 101-41700-301 Legal Services $264.00 ASSESSMENTS G 701-21856 WATERFRONT EAST 3RD $60.00 WATERFRONT EAST G 701-22366 MARTIN FARMS $45.00 MARTIN FARMS E 101-41700-301 Legal Services $24.00 GAMBLING G 701-21871 KALEIDOSCOPE CHARTER SCHOO $45.00 KALEIDOSCOPE G 701-22426 FIN PLAT ARBOR CRK 3 $15.00 ARBOR CREEK 3 G 701-22462 DUKE REALTY $75.00 DUKE TAX ABATEMENT G 701-22392 MISSISSIPPI COVE 1 & 2 $150.00 MISSISSIPPI COVE E 444-49400-301 Legal Services $510.00 BOOSTER STATION E 601-49400-301 Legal Services $90.00 PEOPLESERVICE - W/S ORDINANCE E 101-41700-301 Legal Services $1,008.00 ZACHMAN E 480-43100-301 Legal Services $60.00 CSAH 19 G 701-21868 MN NATIVE LNDSCP ANNEXATION $828.00 MN NATIVE LANDSCAPES E 602-49450-301 Legal Services $1,332.00 SEWER ORDINANCE E 602-49450-301 Legal Services $156.00 WWTF CLARIFIER E 602-49450-301 Legal Services $90.00 PEOPLESERVICE - W/S ORDINANCE E 444-49400-301 Legal Services $36.00 WATER TOWER #3 E 602-49450-301 Legal Services $60.00 W/S GENERAL E 601-49400-301 Legal Services $60.00 W/S GENERAL Total COURT MACARTHUR LAW OFFICE $6,408.65 Unpaid �� DEPT OF LABOR & INDUSTRY E 250-42410-355 Dues & Memberships $20.00 MN 2214 HAROLD LEONARD - BLDG OFCL CER Total DEPT OF LABOR & INDUSTRY $20.00 Unpaid DRAGONFLY JOURNEY E 101-45300-310 Miscellaneous $125.27 65 IMAGE WORK/TRANS TO CD Total DRAGONFLY JOURNEY $125.27 ECM PUBLISHERS INC E 101-41400-350 Print/Binding (GENERAL) E101-41400-350 Print/Binding (GENERAL) E 101-41400-350 Print/Binding (GENERAL) E 101-41400-350 Print/Binding (GENERAL) LEGAL - PUBLIC HEARING Total ECM PUBLISHERS INC $81.68 261697 LEGAL - PUBLIC HEARING $81.68 261698 LEGAL - PUBLIC HEARING $74.25 261699 LEGAL - PUBLIC HEARING $89.10 262149 LEGAL - PUBLIC HEARING $326.71 ELK RIVER FLORAL E 101-41400-310 Miscellaneous $53.25 7DEC31014 JOY SWENSON FUNERAL Total ELK RIVER FLORAL $53.25 Unpaid � �W� ����ELK RIVER MUNICIPAL UTILITIES ���� E 101-43160-322 Utilities _$27.48 19794 WILDFLOWER STREET LIGHTS Total ELK RIVER MUNICIPAL UTILITIES $27.48 G & K TEXTILE LEASING SYSTEM E 101-41940-390 Contracted Services $127.58 1043617847 MATS E 101-43100-225 Uniforms/Clothing Allowance $152.53 1043617848 UNIFORMS/MATS E 101-43100-225 Uniforms/Clothing Allowance $106.21 1043623212 UNIFORMS/MATS E 101-41940-390 Contracted Services $127.58 1043628587 MATS E 101-43100-225 Uniforms/Clothing Allowance $187.26 1043628588 UNIFORMS/MATS CITY OF OTSEGO 01/23/08 3:14 PM Page 3 *Check Detail Register© JANUARY 2008 Check Amt Invoice Comment E 101-43100-225 Uniforms/Clothing Allowance $106.21 1043633928 UNIFORMS/MATS E 101-41940-390 Contracted Services $127.58 1043639294 MATS E 101-43100-225 Uniforms/Clothing Allowance $152.53 1043639295 UNIFORMS/MATS Total G & K TEXTILE LEASING SYSTEM $1,087.48 Unpaid � HELGESON MAILING SERVICE LLC E 101-41400-347 Newsletter $759.17 3498 NOV/DEC NEWSLETTER Total HELGESON MAILING SERVICE LLC $759.17 Unpaid HOTSY EQUIPMENT OF MINNESOTA E 101-43100-400 Repairs & Maint Cont $349.66 30114 EQPT REPAIR E 101-43100-210 Operating Supplies (GENERAL) $35.06_ 30114 SOAP FOR PRESSURE WASHER Total HOTSY EQUIPMENT OF MINNESOTA $384.72 Unpaid���� INTERNATIONAL CODE COUNCIL INC�� E 250-42410-203 Supplies - General $75.73 624094 -IN RES CODE MAT'L Total INTERNATIONAL CODE COUNCIL INC $75.73 Unpaid- JOAN VASSEUR���. E101-45300-101 Full -Time Employees Regular $30.00 2007 HERITAGE MTGS (3) Total JOAN VASSEUR $30.00 __ KEVIN LAMSON _-_ _-___KEVIN E-101-43100-360 Education/Training/Conferences $15.00 EXPO Total KEVIN LAMSON $15.00 LAND TITLE INC. E 444-49400-204 Insurance $380.00 300009 TITLE INS - BOOSTER STATION Total LAND TITLE INC. $380.00 Unpaid - MAMA E 101-41400-360 Education/Training/Conferences $18.00 1947 1/17/08 MAMA LUNCHEON Total MAMA $18.00 Unpad�'FA �w��h�'��MENARDS •��� E 101-43100-240 Small Tools/Equipment $453.54 31333 SHELVING FOR SIGN SHOP E 250-42410-203 Supplies - General _ $18.95_ 31346 GROUND FAULT TESTERS Total MENARDS $472.49 Unpaid---' -- —r-- '---MONTICELLO ANIMAL CONTROL E 101-42710-390 Contracted Services $_120.00 1/10/08 ANIMAL CONTROL Total MONTICELLO ANIMAL CONTROL $120.00 E 101-43100-372 Salt & Sand $11,853.55 458965 BULK SAFE -T -SALT TREATED Total MORTON SALT $11,853.55 Unpaid NORM FRESKE E101-45300-101 Full -Time Employees Regular $20.00_ 2007 HERITAGE MTGS (2) Total NORM FRESKE $20.00 Unpaid —. --- - OASIS"DEVELOPMENT, INC. E 702-41400-310 Miscellaneous __$1,000.00_ 6781 MASON - LNDSCP ESC REFUND Total OASIS DEVELOPMENT, INC. $1,000.00 Unpaid OFC OF THE SECRETARY OF STATE E 101-41400-310 Miscellaneous _$40.00 NOTARY COMM - KATHY GROVER Total OFC OF THE SECRETARY OF STATE $40.00 CITY OF OTSEGO 01/23/08 3:14 PM Page 4 *Check Detail Register© JANUARY 2008 Check Amt Invoice Comment E 101-41600-201 Office Supplies $39.38 556076 OFFICE SUPPLIES E 101-41400-201 Office Supplies $77.11 556076 OFFICE SUPPLIES Total OFFICEMAX $116.49 Unpaid — ..... -,-, . -,..._ —m "-PEOPLE SERVICE INC. — E 601-49400-390 Contracted Services $13,058.58 12799 MONTHLY SERVICE - DEC E 602-49450-390 Contracted Services $28,930.42 12799 MONTHLY SERVICE - DEC E 602-49450-390 Contracted Services _ $135.00 12799 GRENINS MISSISSIPPI - DEC Total PEOPLE SERVICE INC. $42,124.00 Unpaid � SARPINOS E 101-41400-310 Miscellaneous $31.02 MEAL FOR PW SUB COMMITTEE MTG Total SARPINOS $31.02 Unpaid SCHLUENDER CONSTRUCTION E 101-43100-322 Utilities $750.00_ 14564 PW SEPTIC PUMPING Total SCHLUENDER CONSTRUCTION $750.00 Unpaid-����� SCHWAAB, INC E 101-41400-203 Supplies -General $37.27 W67847 NOTARY STAMP - SANDY Total SCHWAAB, INC $37.27 Unpaid SHIRLEY ISAACSON' E 101-45300-101 Full -Time Employees Regular_ $20.00 2007 HERITAGE MTGS (2) Total SHIRLEY ISAACSON $20.00 Unpaid'' SNAP-ON TOOLS E 101-43100-240 Small Tools/Equipment $37.26 211838 METRIC MAG WRENCH Total SNAP-ON TOOLS $37.26 ' Unpaid Rwe 4SRF CONSULTING GROUP, INC. s E 203-45210-390 Contracted Services $463.86 5521-24 PARKS CONSULTING Total SRF CONSULTING GROUP, INC. $463.86 Unpaid ��� XCEL ENERGY E 601-49400-322 Utilities $49.54 17326 53RD ST E 602-49450-322 Utilities $67.33 17388 52ND ST E 602-49450-322 Utilities $84.66 16935 56TH CT E 602-49450-322 Utilities _$3,612.34 17330 53RD ST Total XCEL ENERGY $3,813.87 Unpaid XEROX CORPORATION E 101-41400-201 Office Supplies _ $88.40 101483037 STAPLES FOR XEROX Total XEROX CORPORATION $88.40 10100 BANK OF ELK RIVER $99,939.03 CITY OF OTSEGO 01/23/08 3:14 PM Page 5 *Check Detail Register© JANUARY 2008 Check Amt Invoice Comment Fund Summary 101 GENERAL FUND 203 PARK DEVELOPMENT 212 Rogers Fire District 250 BUILDING PERMIT FEES 440 70th ST Improvement 444 SE Utilities Project 480194/CSAH 37/19 & Kadler 601 WATER FUND 602 SEWER FUND 701 DEVELOPMENT ESCROWS FUND 702 BUILDERS ESCROW FUND 10100 BANK OF ELK RIVER $23,969.16 $463.86 $19,969.97 $174.68 $333.50 $926.00 $60.00 $15,224.06 $36,599.80 $1,218.00 $1,000.00 $99,939.03 CITY OF OTSEGO 01/18/08 11:25 AM Page 1 *Check Summary Register© JANUARY 2008 Name Check Date Check Amt 10100 BANK OF ELK RIVER _ Paid Chk# 045317 D.R. HORTON INC 1/17/2008 $80,000.00 ESCROW REDUCTION Total Checks $80,000.00 FILTER: None CITY OF OTSEGO 01/18/08 11:25 AM Page 1 *Check Detail Register© JANUARY 2008 10100 BANK OF ELK RIVER $80,000.00 Fund Summary 10100 BANK OF ELK RIVER 701 DEVELOPMENT ESCROWS FUND $80,000.00 $80,000.00 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Paid Chk# 045317 1/17/2008 D.R. HORTON INC G 701-22369 DR H ZIMMER PROP $40,000.00 ESCROW REDUCTION G 701-22419 ZIMMER 4TH $25,000.00 ESCROW REDUCTION G 701-22467 ZIMMER FARMS 6 $10,000.00 ESCROW REDUCTION G 701-22401 ZIMMERFARMS 3RD $5,000.00 ESCROW REDUCTION Total D.R. HORTON INC $80,000.00 10100 BANK OF ELK RIVER $80,000.00 Fund Summary 10100 BANK OF ELK RIVER 701 DEVELOPMENT ESCROWS FUND $80,000.00 $80,000.00 CITY OF OTSEGO 01/16/084:32 PM Page 1 *Check Summary Register© JANUARY 2008 FILTER: None Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid ALLIANCE BENEFIT GROUP $3,223.13 PPE 1/12/08 CH DTD 1/16/08 UnPaid DRAKE CONSTRUCTION, INC. $1,000.00 7747 LANDER - LNDSCP ESC REFUND UnPaid E H RENNER & SONS $41,264.29 WELL #3 REDEVELOPMENT - PH #2 IMPR UnPaid FORT DEARBORN LIFE $883.44 W/S - JAN UnPaid GRIDOR CONSTR., INC. $9,766.00 EAST WWTF PHASE 3 UnPaid ICMA RETIREMENT TRUST $823.22 PPE 1/12/08 CH DTD 1/16/08 UnPaid OASIS DEVELOPMENT, INC. $1,500.00 6781 MASON - DRWY ESC REFUND UnPaid PUBLIC EMPLOYEES RETIREME $4,296.22 PPE 1/12/08 CH DTD 1/16/08 Total Checks $62,756.30 FILTER: None CITY OF OTSEGO 01/16/08 4:33 PM Page 1 *Check Detail Register© JANUARY 2008 Check Amt Invoice Comment 10100 BANK OF ELK RIVER 'Unpaid ALLIANCE BENEFIT GROUP ������� E 101-43100-123 Health $725.00 PPE 1/12/08 CH DTD 1/16/08 G 101-21706 Hospitalization/Medical Ins $504.38 PPE 1/12/08 CH DTD 1/16/08 E 250-42410-123 Health $725.00 PPE 1/12/08 CH DTD 1/16/08 E 101-41400-123 Health $725.00 PPE 1112/08 CH DTD 1/16/08 E 101-41600-123 Health $543.75 PPE 1/12/08 CH DTD 1/16/08 Total ALLIANCE BENEFIT GROUP $3,223.13 Unpaid -- 'w DRAKE CONSTRUCTION, INC. E 702-41400-310 Miscellaneous $1,000.00 7747 LANDER - LNDSCP ESC REFUN Total DRAKE CONSTRUCTION, INC. $1,000.00 E H RENNER & SONS ,_.m..- � �..�,_......__.�__.._..__.._.�.._...�___®��..._._,__w.... ..._.. E444-49400-530 Improvements Other Than Bldgs _$41,264.29 PAY #4 WELL #3 REDEVELOPMENT - PH #2 Total E H RENNER & SONS $41,264.29 Unpaid _ FO0 RT DEARBORN LIFE E 602-49450-130 Employer Paid Ins (GENERAL) E 601-49400-130 Employer Paid Ins (GENERAL) E 101-43100-130 Employer Paid Ins (GENERAL) E 101-41600-130 Employer Paid Ins (GENERAL) E 101-41400-130 Employer Paid Ins (GENERAL) E 250-42410-130 Employer Paid Ins (GENERAL) Total FORT DEARBORN LIFE $8.85 W/S - JAN $8.85 W/S - JAN $313.04 PW - JAN $148.55 FIN - JAN $207.53 ADMIN - JAN $196.62 BLDG - JAN $883.44 Unpaid - GRIDOR CONSTR., INC. E 432-43256-500 Capital Outlay (GENERAL) $9,766.00 PAY 23 - FINA EAST WWTF PHASE 3 Total GRIDOR CONSTR., INC. $9,766.00 Unpaid ICMA RETIREMENT TRUST G 101-21705 Other Retirement $611.00 PPE 1/12/08 CH DTD 1/16/08 E 101-41400-121 PERA $212.22 PPE 1/12/08 CH DTD 1/16108 Total ICMA RETIREMENT TRUST $823.22 Unpaid OASIS DEVELOPMENT, INC. E 702-41400-310 Miscellaneous $1,500.00 6781 MASON - DRWY ESC REFUND Total OASIS DEVELOPMENT, INC. $1,500.00 Unpaid PUBLIC EMPLOYEES RETIREMENT FD G 101-21704 PERA E 101-41400-121 PERA E 101-43100-121 PERA E 250-42410-121 PERA E 60149400-121 PERA E 60249450-121 PERA E 101-41600-121 PERA Total PUBLIC EMPLOYEES RETIREMENT FD $2,062.18 PPE 1/12/08 CH DTD 1/16/08 $342.94 PPE 1/12/08 CH DTD 1/16/08 $827.57 PPE 1/12/08 CH DTD 1/16/08 $581.90 PPE 1/12/08 CH DTD 1/16/08 $30.22 PPE 1/12/08 CH DTD 1/16/08 $30.21 PPE 1/12/08 CH DTD 1/16108 $421.20 PPE 1/12/08 CH DTD 1/16/08 $4,296.22 10100 BANK OF ELK RIVER $62,756.30 CITY OF OTSEGO 01/16/08 4:33 PM Page 2 *Check Detail Register© JANUARY 2008 Check Amt Invoice comment Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $7,644.36 250 BUILDING PERMIT FEES $1,503.52 432 East WWTP Phase III $9,766.00 444 SE Utilities Project $41,264.29 601 WATER FUND $39.07 602 SEWER FUND $39.06 702 BUILDERS ESCROW FUND $2,500.00 $62,756.30 COST: City of Otsego 8899 Nashua Avenue WE Otsego M 55330 FROK: NU CONTRACT=, INC. 130 Central Ave S WATEINIS, NON 55389 JOB:Otsego Public Works Facility Northwest Quadrant of 90th St 6 Nashua Avenue WE Otsego, m N 55330 ARCBITECT:Oertel Architects, Ltd. 1795 Saint Clair Avenue JOB DESCRIPTION: Otsego Public Works Facility (New Construction) CHANGE ORDERS I I-----------------------------------------------------1 1 ) AMITION8 i DEDUCTIONS I 1 1 1 1 PREVIOUS TOTAL 1 83,969.00 1 .00 1 t -----------------------------------------------------I 1 -----Comm" ----- ----------------------- number ---------------------------number Data ----------------------- -------------- ----------- — ------ — -- — ---------- 1 1 TOTALS TO DATE 1 83,969.00 1 .00 1 i ------------------------------------------------------I NET AMOUNT 1 83,969.00 1 ARCHITECT'S CERTIFICATE FOR 2AMM4T In accordance with the Contract Documents, based on on-site observations and the data comprising this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMDUNT CM TIFIED- Moo= CERTIFIED..................0 (Attach explanation if amount certified differs from the amount applied for. Initial all figures on this Application and on the Continuation Sheet that ars changed to conform to the amount certified.) ARCHITECT: By: DATE: This Certificate is not negotiable. The AMOUNT CERSIFIED is payable only to the Contractor named sin. Issuance, payment and acceptance of payment s without prejudice to any rights of the Owner or Contractor under this Contract. APPLICATION NO: 12 PERIOD ENDING : 10/31/07 CONTRACT NO: CONTRACT DATE: 03/28/06 ITEM 5-2 Page: i ORIG]3AL CONTRACT ANDLUT ............................. 6 3,859,668.00 TOTAL C®IN= ORDER AMB)OUT............................ $ 53,969.00 TOTAL CONTRACT XmczmIUG CM N K OSS ............... $ 3,943,637.00 AMOOM ComrLETED TO DATE ............................. $ 3,943,637.00 aE�►zen+Ga - .0016 OF WORE OO6VLETSD................ $ .00 .00% OF STORED MLTERIAL COMPLETED TO DAIS LESS RLTAIIUM..................... $ 3,943,637.00 PREVIOUS MOUNT BILLED ............................... 4 3,933,637.00 SALES TAZ............................................ $ .00 CURRENT AMOUNT DUB ................................... $ 10,000.00 AMOUNT 2106MUNG..................................... 8 .00 The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONTRACTOR: EDS CONTRACTORS, INC. 8z; DATE: 10/29/2007 Jaws State : Minnsso County of: Stearns Subs to before we this 29th day of Octaber 2007 Notary Public:�hft AdAv Ny Camsission expires: January 31, 2010 EATHER LYNN 04DWEHR Notary Public Minnesota y camrnsw ExPuesjam y 31,2010 Job Number: 2604 Otsego Public Works Facility Application No.: 12 Period From: 07/31/07 Project # Invoice Number 929 Thru: 10/31/07 ------------------------------------------------------------------------------------------------------------- ----WORK COMPLETED---- COMPLETED ITEM SCHEDULED PREVIOUS THIS STORED AND STORED ER DESCRIPTION OF WORK ------------------------------------------------------------------------------------------------------------- VALUE APPLICATION PERIOD MATERIALS TO DATE % 01000 General Requirements 115,254.00 115,254.00 .00 .00 115,254.00 100 02200 Earthwork & Site Clearing 70,600.00 70,600.00 .00 .00 70,600.00 100 02513 Asphalt Concrete Paving 143,000.00 143,000.00 .00 .00 143,000.00 100 02514 Site Concrete 27,900.00 27,900.00 .00 .00 27,900.00 100 02730 Sewage Systems 59,100.00 59,100.00 .00 .00 59,100.00 100 03310 Concrete 246,900.00 246,900.00 .00 .00 246,900.00 100 03410 Structural Precast Concre 69,300.00 69,300.00 .00 .00 69,300.00 100 03450 Tilt -up Precast Wall Pane 338,600.00 338,600.00 .00 .00 338,600.00 100 04200 Unit Masonry 212,874.00 212,874.00 .00 .00 212,874.00 100 05120 Structural Steel 264,500.00 264,500.00 .00 .00 264,500.00 100 05210 Steel Joist w/05120 .00 .00 .00 .00 .00 0 05300 Steel Decking w/05120 .00 .00 .00 .00 .00 0 05500 Mise Metals x/05120 .00 .00 .00 .00 .00 0 06100 Rough Carpentry 8,800.00 8,800.00 .00 .00 8,800.00 100 06200 Finish Carpentry 20,800.00 20,800.00 .00 .00 20,800.00 100 06400 Archit Millwork w/06200 00 .00 .00 .00 .00 0 07200 Insulation 600.00 600.00 .00 .00 600.00 100 07530 Single Ply Membrane Roofi 153,000.00 153,000.00 .00 .00 153,000.00. 100 07600 Flash/Sheet Metal w/07530 .00 .00 .00 .00 .00 0 07900 Joint Sealers 11,200.00 11,200.00 .00 .00 11,200.00 100 08110 Steel Doors 6 Frames 51,900.00 51,900.00 .00 .00 51,900.00 100 08210 Wood Doors w/08110 .00 .00 .00 .00 .00 0 08305 Access Doors 600.00 800.00 .00 .00 800.00 100 '8330 Overhead Coiling Shutter 1,200.00 1,200.00 .00 .00 1,200.00 100 J8360 Sectional Overhead Doors 37,200.00 37,200.00 .00 .00 37,200.00 100 08410 Alum. Entrances & Framing 137,900.00 137,900.00 .00 .00 137,900.00 100 08710 Finish Hardware w/08110 .00 .00 .00 .00 .00 0 08800 Glass & Glazing w/08410 .00 .00 .00 .00 .00 0 08900 Alum Curtainwall & x/8410 .00 .00 .00 .00 .00 0 08955 Unit Skylights 19,200.00 19,200.00 .00 .00 19,200.00 100 09250 Gypsum Drywall 52,300.00 52,300.00 .00 .00 52,300.00 100 09300 Tile 16,400.00 16,400.00 .00 .00 16,400.00 100 09510 Acoustic Ceilings 11,600.00 11,600.00 .00 .00 11,600.00 100 09680 Carpeting 6,200.00 6,200.00 .00 .00 6,200.00 100 09900 Painting 37,500.00 35,750.00 1,750.00 .00 37,500.00 100 10160 Toilet Partitions 1,100.00 1,100.00 .00 .00 1,100.00 100 10200 Louvers & Vents 800.00 800.00 .00 .00 800.00 100 10400 Signage 6,100.00 6,100.00 .00 .00 6,100.00 100 10500 Metal lockers & Accessori 7,100.00 7,100.00 .00 .00 7,100.00 100 10522 Fire Extinguishers & Acce 400.00 400.00 .00 .00 400.00 100 10800 Toilet Accessories 400.00 400.00 .00 .00 400.00 100 11320 Projection Screen 500.00 500.00 .00 .00 500.00 100 11450 Appliances 1,900.00 1,900.00 .00 .00 1,900.00 100 11600 Vehicle Fueling System 91,900.00 91,900.00 .00 .00 91,900.00 100 12500 Window Treatment 2,800.00 2,600.00 .00 .00 2,800.00 100 14250 Hydraulic Elevator 44,600.00 44,600.00 .00 .00 44,600.00 100 14450 Truck Lifts 12,400.00 12,400.00 .00 .00 12,400.00 100 14630 Overhead Crane Systems 31,300.00 31,300.00 .00 .00 31,300.00 100 15000 Mechanical 1118740.00 1118740.00 .00 .00 1118740.00 100 16000 Electrical 425,000.00 425,000.00 .00 .00 425,000.00 100 20100 Change order #01 45,461.00 45,461.00 .00 .00 45,461.00 100 20200 Change Order #02 38,508.00 38,508.00 .00 .00 38,508.00 100 3943637.00 3941887.00 1,750.00 .00 3943637.00 100 Page Number 2 BALANCE TO FINISH RETAINAGE --------------------- .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 January 15, 2008 Mr. Mike Robertson City of Otsego 8899 Nashua Ave NE Otsego, MN 55330 Re: City of Otsego West Wastewater Treatment Facility Bonestroo File 503-02-107 Pay Request No. 15 -Final Dear Mr. Robertson: U �' ITEM 5-3 JAN 16 ZUU6u Tel 651-636-4600 fax 651-636-1311 rrwww.bonestroo.com Bonestroo Enclosed are four (4) copies of Request for Payment No. 15 -Final for the above referenced project. We have reviewed the request and hereby recommend approval for payment in the amount of $16,839.50. Please execute the documents and distribute as follows: 2 copies City of Otsego 1 copy Rice Lake Construction, attn: Mr. Wade Leonard 1 copy Bonestroo, attn: Justin Kubisiak Also enclosed is an email from Wade Leonard and Andy MacArthur in regards to the Lien Waivers. Copies of the Minnesota Withholding Affidavit for Contractors Form IC 134 and Receipt and Waiver of Mechanics Lien Rights are attached. The originals will follow under separate cover. If you have any questions regarding this project, please feel free to call me. My direct number is 651-967-4645. Sincerely, BONESTROO �Ju*Kubisiak 1PK:cv Enclosures St Paul St Cloud Rochester Milwaukee Chicago r Bonestroo SUMMARY )wner: City of Otsego, 8899 Nashua Ave. NE, Otsego, MN 55330 Date: January 14 2008 :or Period: 12/18/2005 to 1/14/2008 Request No: 16 AND FINAL :ontractor: Rice Lake Construction Group, 22360 County Rd. 12, Deerwood, MN 56444 CONTRACTOR'S REQUEST FOR PAYMENT OTSEGO WASTEWATER TREATMENT FACILITY BONESTR00 FILE NO. 000503-02107-0 1 Original Contract Amount $ 6,384,000.00 2 Change Order - Addition $ 198,840.00 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 6,582,840.00 5 Value Completed to Date $ 6,582,840.00 6 Material on Hand $ 0.00 7 Amount Earned $ 6,582,840.00 8 Less Retainage 0% $ 0.00 9 Subtotal $ 6,582,840.00 10 Less Amount Paid Previously $ 6,566,000.50 11 Liquidated damages - $ 0.00 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 16 AND FINAL $ 16,839.50 Recommended for Approval by: BONESTR00 IiL Lu, I.-14.—OIL Approved y Contractor: Approved by Owner: RICE LAKE CONSTRUCTION GROUP CITY OF OTSEGO See Attached for Signature Specified Contract Completion Date: October 29, 2004 503 02107 R E Q 16 F I N A L. xls Date: ZEQUEST FOR PAYMENT 'ROJECT: WASTEWATER TREATMENT FACILITY OTSEGO, MN RLCG PROJECT NO. 03-16 BRA FILE NO. 503-02-107 DATE: December 1, 2007 REQUEST FOR PAYMENT NO.: 16 - FINAL FOR PERIOD: Final CONTRACTOR: RICE LAKE CONSTRUCTION GROUP, P.O. BOX 517, DEERWOOD, MN 56444 SUMMARY: ORIGINAL CONTRACT AMOUNT CHANGE ORDER - Addition CHANGE ORDER - Deduction REVISED CONTRACT AMOUNT "4LUE COMPLETED TO DATE PREVIOUS PAYMENTS AMOUNT DUE THIS REQUEST FOR PAYMENT ESCROW ACCOUNT: PREVIOUS AMOUNT IN ESCROW 60,000.00 RELEASE FROM ESCROW ACCOUNT 60,000.00 TOTAL AMOUNT IN ESCROW ACCOUNT - Submitted: Rice Lake Construction Group Wade Recommended: Bonestroo, Rosene, Anderlik & Assoc. Approved: City of Otsego 198,840.00 0.00 6,384,000.00 6,582,840.00 6,582,840.00 6,566,000.50 16,839.50 Date Date Date REQUEST FOR PAYMENT RICE LAKE CONSTRUCTION GROUP P.O. BOX 517, 22360 COUNTY ROAD 12 DATE: December 1, 2007 DEERWOOD, MN 56444 REQUEST FOR PAYMENT NO.: 16 - FINAL WASTEWATER TREATMENT FACILITY OTSEGO, MN RLCG PROJECT NO. 03-16 BRA FILE NO. 503-02-107 ----CONTRACT AMOUNT---- -ESTIMATE AMOUNT - ITEM # DESCRIPTION QTY U/M UNIT TOTAL QUANTITY QUANTITY PREV. THIS EST. QUANTITY TO DATE AMOUNT TO DATE 1010 MOBILIZATION 1 LS 244,800.00 244,800.00 1.00 1.00 244,800.00 1020 PERFORMANCE BOND 1 LS 72,270.00 72,270.00 1.00 1.00 72,270.00 1030 PROJECT INSURANCE 1 LS 9,230.00 9,230.00 1.00 1.00 9,230.00 1080 DEMOBILIZATION 1 LS 5,800.00 5,800.00 1.00 1.00 5,800.00 2200 EARTHWORK A Lump Sum 1 LS 487,000.00 487,000.00 1.00 1.00 487,000.00 a Remove Unsuitable Materials 1,000 CY 6.00 6,000.00 1000.00 1000.00 6,000.00 c Install Granular Materials 1,000 CY 14.00 14,000.00 1000.00 1000.00 14,000.00 2320 SITE PIPE A Pipe Materials 1 LS 198,870.00 198,870.00 1.00 1.00 198,870.00 B Precast Manholes 1 LS 24,360.00 24,360.00 1.00 1.00 24,360.00 c Castings 1 LS 1,330.00 1,330.00 1.00 1.00 1,330.00 D Installation 1 LS 242,350.00 242,350.00 1.00 1.00 242350.00 2630 STORM DRAINAGE A Pipe Materials 1 LS 8,060.00 8,060.00 1.00 1.00 8,060.00 B Installation 1 LS 5,600.00 5,600.00 1.00 1.00 5,600.00 2635 DRAIN TILE A Pipe Materials 1 LS 14,630.00 14,630.00 1.00 1.00 14,630.00 e Installation 1 LS 16,600.00 16,600.00 1.00 1.00 16,600.00 2820 RETAINING WALLS 1 LS 8,000.00 8,000.00 1.00 1.00 8,000.00 2830 FENCE & GATES 1 LS 25,990.00 25,990.00 1.00 1.00 25,990.00 2920 SEEDING & SODDING 1 LS 28,750.00 28,750.00 1.00 1.00 28,750.00 2930 LANDSCAPING 1 LS 20,480.00 20,480.00 1.00 1.00 20,480.00 3200 REINFORCING STEEL A Materials 325 TON 504.00 163,800.00 325.00 325.00 163,800.00 B Installation 325 TON 430.00 139,750.00 325.00 325.00 139,750.00 3300 CONCRETE WORK A Pretreatment Building 469 CY 484.00 226,996.00 469.00 469.00 226,996.00 B Anaerobic Basin 200 CY 484.00 96,800.00 200.00 200.00 96,800.00 c Oxidation Ditch 516 CY 484.00 249,744.00 516.00 516.00 249,744.00 D Clarifier No. 1 230 CY 484.00 111,320.00 230.00 230.00 111,320.00 E Clarifier No. 2 230 CY 484.00 111,320.00 230.00 230.00 111,320.00 F Final Clarifier Splitter Box 11 CY 484.00 5,324.00 11.00 11.00 5,324.00 G Sludge Thickening Building 522 CY 484.00 252,648.00 522.00 522.00 252,648.00 H Aerobic Digesters 152 CY 484.00 73,568.00 152.00 152.00 73,568.00 i Sludge Storage Tank 610 CY 484.00 295,240.00 610.00 610.00 295,240.00 .i U. V. Building 186 CY 484.00 90,024.00 186.00 186.00 90,024.00 K Control Building 112 CY 484.00 54,208.00 112.00 112.00 54,208.00 L Misc. Concrete 42 CY 484.00 20,328.00 42.00 42.00 20,328.00 3400 PRECAST CONCRETE 1 LS 36,800.00 36,800.00 1.00 1.00 36,800.00 4200 MASONRY A Materials 1 LS 31,860.00 31,860.00 1.00 1.00 31,860.00 B Installation 1 LS 51,030.00 51,030.00 1.00 1.00 51,030.00 5500 MISC. METALS A Materials 1 LS 123,000.00 123,000.00 1.00 1.00 123,000.00 B Installation 1 LS 33,550.00 33,550.00 1.00 1.00 33,550.00 6100 ROUGH CARPENTRY A Pretreatment Building 1 LS 18,670.00 18,670.00 1.00 1.00 18,670.00 B Sludge Thickening Building 1 LS 20,870.00 20,870.00 1.00 1.00 20,870.00 c U. V. Building 1 LS 12,510.00 12,510.00 1.00 1.00 12,510.00 D Control Building 1 LS 17,220.00 17,220.00 1.00 1.00 17,220.00 6110 PLYWOOD ROOF MATERIALS A Pretreatment Building 1 LS 5,790.00 5,790.00 1.00 1.00 5,790.00 B Sludge Thickening Building 1 LS 12,310.00 12,310.00 1.00 1.00 12,310.00 c U. V. Building 1 LS 5,430.00 5,430.00 1.00 1.00 5,430.00 D Control Building 1 LS 12,670.00 12,670.00 1.00 1.00 12,670.00 I 6190 WOOD TRUSSES A Pretreatment Building 1 LS 6,930.00 6,930.00 1.00 1.00 6,930.00 B Sludge Thickening Building 1 LS 14,720.00 14,720.00 1.00 1.00 14,720.00 c U. V. Building 1 LS 6,490.00 6,490.00 1.00 1.00 6,490.00 D Control Building 1 LS 15,160.00 15,160.00 1.00 1.00 15,160.00 6630 FRP COVERS A Materials 1 LS 69,400.00 69,400.00 1.00 1.00 69,400.00 B Installation 1 LS 14,240.00 14,240.00 1.00 1.00 14,240.00 7110 WATERPROOFING 1 LS 6,750.00 6,750.00 1.00_ 1.00 6,750.00 7200 RIGID INSULATION A Pretreatment Building 1 LS 1,170.00 1,170.00 1.00 1.00 1,170.00 B Sludge Thickening Building 1 LS 1,560.00 1,560.00 1.00 1.00 1,560.00 c U. V. Building 1 LS 1,170.00 1,170.00 1.00 1.00 1,170.00 D Control Building 1 LS 1,710.00 1,710.00 1.00 1.00 1,710.00 7212 BATT INSULATION A Pretreatment Building 1 LS 1,920.00 1,920.00 1.00 1.00 1,920.00 B Sludge Thickening Building 1 LS 3,590.00 3,590.00 1.00 1.00 3,590.00 c U. V. Building 1 LS 1,940.00 1,940.00 1.00 1.00 1,940.00 D Control Building 1 LS 3,460.00 3,460.00 1.00 1.00 3,460.00 7310 SHINGLES A Pretreatment Building 1 LS 3,420.00 3,420.00 1.00 1.00 3,420.00 B Sludge Thickening Building 1 LS 7,280.00 7,280.00 1.00 1.00 7,280.00 c U. V. Building 1 LS 3,210.00 3,210.00 1.00 1.00 3,210.00 D Control Building 1 L$ 7,490.00 7,490.00 1.00 1.00 7,490.00 7460 METAL SIDING A Pretreatment Building 1 LS 37,850.00 37,850.00 1.00 1.00 37,850.00 B Sludge Thickening Building 1 LS 22,200.00 22,200.00 1.00 1.00 22,200.00 c U. V. Building 1 LS 24,610.00 24,610.00 1.00 1.00 24,610.00 D Control Building 1 LS 22,640.00 22,640.00 1.00 1.00 22,640.00 7920 CAULKING 1 LS 7,950.00 7,950.00 1.00 1.00 7,950.00 8110 H.M.& FRP DOORS A Materials 14 EA 2,370.00 33,180.00 14.00 14.00 33,180.00 B Installation 14 EA 225.00 3,150.00 14.00 14.00 3,150.00 8330 OVERHEAD DOORS 2 EA 3,900.00 7,800.00 2.00 2.00 7,800.00 500 ALUMINUM ENTRANCES 1 LS 23,660.00 23,660.00 1.00 1.00 23,660.00 9510 ACOUSTICAL CEILING 1 LS 6,140.00 6,140.00 1.00 1.00 6,140.00 9800 PAINTING 1 LS 96,400.00 96,400.00 1.00 1.00 96,400.00 10165 TOILET COMPARTMENTS A Materials 1 LS 470.00 470.00 1.00 1.00 470.00 B Installation 1 LS 280.00 280.00 1.00 1.00 280.00 10200 LOUVERS A Materials 19 EA 100.00 1,900.00 19.00 19.00 1,900.00 B Installation 19 EA 120.00 2,280.00 19.00 19.00 2,280.00 10400 PLASTIC SIGNS A Materials 1 LS 2,380.00 2,380.00 1.00 1.00 2,380.00 B Installation 1 LS 470.00 470.00 1.00 1.00 470.00 10500 LOCKERS A Materials 1 LS 2,800.00 2,800.00 1.00 1.00 2,800.00 B Installation 1 LS 350.00 350.00 1.00 1.00 350.00 10520 FIRE EXTINGUISHERS A Materials 11 EA 70.00 770.00 11.00 11.00 770.00 B Installation 11 EA 20.00 220.00 11.00 11.00 220.00 10650 DECORATIVE FENCE 1 LS 11,800.00 11,800.00 1.00 1.00 11,800.00 10800 TOILET ACCESSORIES A Materials 1 LS 660.00 660.00 1.00 1.00 660.00 B Installation 1 LS 180.00 180.00 1.00 1.00 180.00 11117 VORTEX GRIT PUMP 1 EA 8,230.00 8,230.00 1.00 1.00 8,230.00 11205 SCREW CONVEYOR & ROTARY DRUM A Materials 1 LS 46,200.00 46,200.00 1.00 1.00 46,200.00 B Conveyor -Installation 1 LS 2,550.00 2,550.00 1.00 1.00 2,550.00 c Rotary Drum - Installation 1 LS 1,700.00 1,700.00 1.00 1.00 1,700.00 11240 CHEMICAL FEED EQUIPMENT 1 LS 29,600.00 29,600.00 1.00 1.00 29,600.00 11262 U. V. EQUIPMENT A Materials 1 LS 76,680.00 76,680.00 1.00 1.00 76,680.00 e Installation 1 LS 1,200.00 1,200.00 1.00 1.00 1,200.00 1304 CLARIFIERS & GRIT EQUIPMENT A Materials 1 LS 83,630.00 83,630.00 1.00 1.00 83,630.00 B Clarifiers - Installation 2 EA 6,430.00 12,860.00 2.00 2.00 12,860.00 c Grit Equipment - Installation 1 LS 1,990.00 1,990.00 1.00 1.00 1,990.00 11306 SUB. SEWAGE PUMPS 3 EA 19,160.00 57,480.00 3.00 3.00 57,480.00 11312 PROGRESSIVE CAVITY PUMP 1 EA 35,000.00 35,000.00 1.00 1.00 35,000.00 11328 VORTEX GRIT CHAMBER A Materials 1 LS 17,660.00 17,660.00 1.00 1.00 17,660.00 B Installation 1 LS 1,200.00 1,200.00 1.00 1.00 1,200.00 11348 SAMPLERS A Materials 1 LS 7,920.00 7,920.00 1.00 1.00 7,920.00 B Installation 1 LS 300.00 300.00 1.00 1.00 300.00 11361 GBT & POLYMER EQUIPMENT A Materials 1 LS 107,530.00 107,530.00 1.00 1.00 107,530.00 B Installation 1 LS 5,090.00 5,090.00 - 1.00- 1.00 5,090.00 11377 P. D. BLOWERS 3 EA 10,240.00 30,720.00 3.00 3.00 30,720.00 11378 COARSE BUBBLE DIFFUSERS 1 LS 10,700.00 10,700.00 1.00 1.00 10,700.00 11381 CARROUSEL AERATORS A Materials 2 EA 46,860.00 93,720.00 2.00 2.00 93,720.00 B Installation 2 EA 2,120.00 4,240.00 2.00 2.00 4,240.00 11383 VORTEX MIXING SYSTEM 1 LS 67,940.00 67,940.00 1.00 1.00 67,940.00 11386 SUB. TANK MIXERS A Materials 3 EA 9,330.00 27,990.00 3.00 9.00 27,990.00 B Installation 3 EA 450.00 1,350.00 3.00 3.00 1,350.00 11600 LABORATORY EQUIPMENT 1 LS 40,000.00 40,000.00 1.00 1.00 40,000.00 11691 ODOR CONTROL SYSTEM 1 LS 39,000.00 39,000.00 1.00 1.00 39,000.00 12505 BLINDS 1 LS 640.00 640.00 1.00 1.00 640.00 12600 LABORATORY FURNITURE 1 LS 31,500.00 31,500.00 1.00 1.00 31,500.00 12620 FURNITURE 1 LS 5,000.00 5,000.00 1.00 1.00 5,000.00 13301 MAG METERS 3 EA 3,660.00 10,980.00 3.00 3.00 10,980.00 15000 MECHANICAL A Mobilization 1 LS 30,000.00 30,000.00 1.00 1.00 30,000.00 B Sluice Gates Materials 1 LS 35,000.00 35,000.00 1.00 1.00 35,000.00 Labor 1 LS 4,500.00 4,500.00 1.00 1.00 4,500.00 c DIP Materials 1 LS 145,000.00 145,000.00 1.00 1.00 145,000.00 Labor 1 LS 126,490.00 126,490.00 1.00 1.00 126,490.00 D Hangers Materials 1 LS 10,000.00 10,000.00 1.00 1.00 10,000.00 Labor 1 LS 1,000.00 1,000.00 1.00 1.00 1,000.00 E Valves - Materials 1 LS 48,000.00 48,000.00 1.00 1.00 48,000.00 F Insulation 1 LS 20,810.00 20,810.00 1.00 1.00 20,810.00 G Underground Pipe Materials 1 LS 15,000.00 15,000.00 1.00 1.00 15,000.00 Labor 1 LS 20,000.00 20,000.00 1.00 1.00 20,000.00 H Vent Pipe Materials 1 LS 10,000.00 10,000.00 1.00 1.00 10,000.00 Labor 1 LS 12,000.00 12,000.00 1.00 1.00 12,000.00 i Domestic Water Pipe Materials 1 LS 15,000.00 15,000.00 1.00 1.00 15,000.00 Labor 1 LS 16,000.00 16,000.00 1.00 1.00 16,000.00 j Excavation & Backfill 1 LS 9,000.00 9,000.00 1.00 1.00 9,000.00 K Fixtures Materials 1 LS 12,000.00 12,000.00 1.00 1.00 12,000.00 Labor 1 LS 1,500.00 1,500.00 1.00 1.00 1,500.00 L CO/FD/RD Materials 1 LS 18,500.00 18,500.00 1.00 1.00 18,500.00 Labor 1 LS 15,000.00 15,000.00 1.00 1.00 15,000.00 M Water Heater Materials 1 LS 5,000.00 5,000.00 1.00 1.00 5,000.00 Labor 1 LS 500.00 500.00 1.00 1.00 500.00 N Chemical Piping Materials 1 LS 5,000.00 5,000.00 1.00 1.00 5,000.00 Labor 1 LS 2,500.00 2,500.00 1.00 1.00 2,500.00 o Gas Pipe Materials 1 LS 3,500.00 3,500.00 1.00 1.00 3,500.00 Labor 1 LS 4,500.00 4,500.00 1.00 1.00 4,500.00 P Pump & Accessories Installation Materials 1 LS 6,500.00 6,500.00 1.00 1.00 6,500.00 Labor 1 LS 1,500.00 1,500.00 1.00 1.00 1,500.00 Q Controls 1 LS 14,700.00 14,700.00 1.00 1.00 14,700.00 R HVAC 1 LS 159,500.00 159,500.00 1.00 1.00 159,500.00 16000 ELECTRICAL Mobilization 1 LS 10,000.00 10,000.00 1.00 1.00 10,000.00 System Integrator 1 LS 215,000.00 215,000.00 1.00 1.00 215,000.00 Generator 1 LS 79,000.00 .79,000.00 1.00 1.00 79,000.00 Lighting Fixtures 1 LS 19,000.00 19,000.00 1.00 1.00 19,000.00 Fire Alarm 1 LS 1,900.00 1,900.00 1.00 1.00 1,900.00 Security 1 LS 2,000.00 2,000.00 1.00 1.00 2,000.00 Material 1 LS 51,000.00 51,000.00 1.00 1.00 51,000.00 Labor 1 LS 1 188,850.00 188,850.00 - 1.00 1.00 188,850.00 SUBTOTAL: 6,384,000.00 6,384,000.00 CHANGEITEMS Change Order No. 1 A PR 01 1 LS I 99,790.00 99,790.00 1.00 1.00 99,790.00 B PR 02 1 LS 25,948.00 25,948.00 1.00 1.00 25,948.00 Change Order No. 2 A PR 02 1 LS I 13,429.00 13,429.00 1.00 1.00 13,429.00 Change Order No. 3 A PR 05 1 LS I 3,693.00 3,693.00 1.00 1.00 3,693.00 Change Order No. 4 A Item No. 1 1 LS 2,980.00 2,980.00 1.00 1.00 2,980.00 B Item No. 2 1 LS I 2,900.00 2,900.00 1.00 1.00 2,900.00 c Item No. 3 1 LS (300.00) (300.00) 1.00 1.00 (300.00) Change Order No. 5 A Item No. 1 1 LS 3,148.00 3,148.00 1.00 1.00 3,148.00 e Item No. 2 1 LS 6,061.00 6,061.00 1.00 1.00 6,061.00 c Item No. 3 1 LS 8,415.00 8,415.00 1.00 1.00 8,415.00 D Item No. 4 1 LS 2,471.00 2,471.00 1.00 1.00 2,471.00 E Item No. 5 1 LS 988.00 988.00 1.00 1.00 988.00 F Item No. 6 1 LS (14,000.00) (14,000.00) 1.00 1.00 (14,000.00) G Item No. 7 1 LS (6,000.00) (6,000.00) 1.00 1.00 (6,000.00) H Item No. 8 1 LS (1,719.00) (1,719.00) 1.00 1.00 (1,719.00) i Item No. 9 1 LS 25,836.00 25,836.00 1.00 1.00 25,836.00 .i Item No. 10 1 LS 2,084.00 2,084.00 1.00 1.00 2,084.00 K Item No. 11 1 LS 6,294.00 6,294.00 1.00 1.00 6,294.00 Change Order No. 6 A Item No. 1 1 LS 6,286.00 6,286.00 1.00 1.00 6,286.00 B Item No. 2 1 LS I 3,538.00 3,538.00 1.00 1.00 3,538.00 c Item No. 3 1 LS 2,740.00 2,740.00 1.00 1.00 2,740.00 Change Order No. 7 A Item No. 1 1 LS ( 4,258.00 4,258.00 0.00 1.00 1.00 4,258.00 SUBTOTAL: 198,840.00 198,840.00 TOTAL: 6,582,840.00 6,582,840.00 4 PROJECT PAYMENT STATUS OWNER CITY OF OTSEGO BONESTR00 FILE NO. 000503-02107-0 CONTRACTOR RICE LAKE CONSTRUCTION GROUP CHANGE ORDERS No. Date nacrrintinn A`nnaint 1 5/17/2004 This Change Order provides for additional work on this project. See Change Order. $1251738.00 2 5/17/2004 This Change Order provides for additional work on this project. See Change Order. $13,429.00 3 8/6/2004 This Change Order provides for changes to the Generator concrete base slab. See Change Order. $3,693.00 4 8/6/2004 This Change Order provides for additional work on this project. See Change Order. $5,580.00 5 3/10/2005 This Change Order provides for final adjustments to this project. See Change Order. $33,578.00 6 1/16/2006 This Change Order provides for additional work on this project. $12,564.00 7 2/13/2007 This Changes Order provides for the installation of a remote switch for the sludge loadout stand per Proposal Request No. 26, $4,258.00 109,220.45 2,184,411.85 6 03/29/2004 Total Change Orders $198,840.00 PAYMENT SUMMARY No. From Tn Pavmant Ratninnna rnn,nla4n�1 1 12/01/2003 12/11/03 235,628.50 12,401.50 248,030.00 2 12/12/2003 01/12/04 419,612.15 34,486.50 689,727.15 3 01/13/2004 01/24/04 277,917.75 49,113.75 982,272.15 4 01/25/2004 02/28/04 482,852.70 74,526.75 1,490,537.85 5 02/29/2004 03/28/04 659,180.30 109,220.45 2,184,411.85 6 03/29/2004 05/17/04 909,836.85 157,087.20 3,142,115.45 7 05/18/2004 06/11/04 .694,510.80 193,640.20 3,873,179.25 8 06/12/2004 07/08/04 666,050.70 228,696.50 4,574,286.25 9 07/09/2004 08/09/04 588,330.21 259,661.50 5,193,581.46 10 08/10/2004 09/07/04 467,989.04 284,293.50 5,686,202.50 11 09/08/2004 10/07/04 211,058.65 295,401.85 5,908,369.50 12 10/08/2004 11/08/04 603,138.85 314,038.70 6,530,145.20 13 11/09/2004 12/07/04 155,169.20 65,000.00 6,436,275.70 14 12/08/2004 02/21/05 76,147.00 65,000.00 6,512,422.70 15 02/22/2005 12/17/05 53,577.80 65,000.00 6,631,000.50 City Payment -retainage 65,000.00 16 AND FINAL 12/18/2005 01/14/08 16,839.50 6,582,840.00 Material on Hand Total Payment to Date $6,582,840.00 Original Contract $6,384,000.00 Retainage Pay No. 16 AND FINAL Change Orders $198,840.00 Total Amount Earned $6,582,840.00 Revised Contract $6,582,840.00 50302107REQ 16FINALAs ITE 5_4 GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of 07 SEGO County of AGN' Whereas, ....W,&M "GEME9VTSERvIM.... has paid the sum of TWEJVITY—TIVE and n%ents cDOLLAgS to the Treasurer of said CITY as required 6y the Ortnances of said MY and compCaed with alrthe requirements of said necessary foro6taining this License: Now, Therefore, By order of the O?SEGO CITY Council and 6y the said !YAM XW- -A9§ E9V7,M-VTM is hereby 6 eased authorized to COLLECTA9M `nXUUTM VAM GEMV ESD WIMN ME COR MglA L15WITS OT 9Y& ClTYTZVJVANTT0 ORPI9V.,aNM 91- 24 for the periodoff' OJVE 24F.AR starting lANVARTI-ST Tear2oo8 . and enifing DEC9KBER 315TTear 2008 su61'ect to alithe conditions and provisions of said Orinances Given under my hand and the corporate seaLof the CIzY of OZEGO ?his 2841 day of IVA)AsR,T . A. D. Fear 2008 Attest: City Clerk. .Mayor Judy Hudson Larry. Fournier ff $ 25.00 GENERAL CORPORATE LICENSE STATE OF MINNESOTA City of OTSEGO County of UWGWT Whereas, ., .. j,'EOLIA SOLID ZVASg7E, INC (fka) O WAM SERVICES, INC.... has paid the sum of ?rWF� — FlVE and n%ents DOLLARS' to the Treasurer of said CITY as required 6y the Or�znances of said CITY and compCzed with ad the requirements of said necessary for obtaining this License: Now, Therefore, By order of the OTSEGO CITY Councif,, and 6y the said ZEOLIA ES SOLID `i gS` qt ,IN({�a) ONYK WAS`T'E SEWVjC S', IXr as hereby Licensed authorized to COLLEC7,WD `MNS(P0RT VASTE GEVEMTED tiVIMN DIE COR(TORA2tE LIWITS OF `pTE CI`1*YPVWU IANITT0 04WINANCE 91— 24 for the period of ONE YEAR starting -ZVLW.ARTl-5T Tear2oo8. . and end ng DEC9WOER 3lsT Tear 2008 subject to aff the conditions and provisions of said ordinances. Given under my hand and the corporate seafof the CITY of OTSEGO this 28th day of ,�A9 VART A. Q Year 2008 Attest: Citi, Clerk Judy Hudson Larry Fournier Mayor ITEM 5_5 V� [:A 111 67 To: City Council From: Gary Groen Date: January 24, 2008 Re: Change to Personnel Manual The current personnel manual does not address the obligation of the City for the continuation of health and dental benefits for City employees under the provisions of the City's long-term disability insurance. This recommended personnel policy change has been reviewed with the City Attorney and was reviewed and approved by the Administrative Subcommittee on January 8. we end the approval of the attached addendum to Section 3-11, Continuation of Benefifs. If you have any questions, Please contact the City Attorney or myself. 0 Page 1 Here is the proposed revision to the personnel policy: SECTION 3-11 CONTINUATION OF BENEFITS Sec. 3-11.1 The City of Otsego as required by law, provides continuation of benefits under Consolidated ,inibus Budizet Reconciliation Act (COBRA) and Minnesota Continuation law. COBRA gives employees and their aendents that lose their health benefits due to a qualifying event the right to choose to continue group health benefits provided by their group plan for limited periods of time Sec 3-11.2 Except for new employees still completing the probationary period the City may continue an employee's city -paid contribution to health and dental insurance benefits while an employee is on qualifying leave pursuant to the City's LTD policy (see Section 3-2) In no case shall the city's contribution during LTD leave exceed six (6) months from the commencement of the LTD leave Any exceptions to this policy will require the approval of the Otsego City Council. ITEM 6_1 MEMO Date: January 24, 2008 To: Mayor & Council From: City Administrator Mike Robertson Re: Workshop with Albertville Workshop Reviewing Water/Sewer Rates Albertville has agreed to a joint Council meeting on Wednesday, January 30th at 7:00 p.m. at Otsego. Staff suggests a workshop on Water/sewer rates on Wednesday, February 6th at 5:30 p.m. 4 40 AL QP, : 11 d 11 � 'i � :.! A u I ITEM 7_1 MEMO Date: January 24, 2008 To: Mayor & Council From: City Administrator Mike Robertson Re: Career Development Plan Public Works Department I have enclosed the first draft of a Career Development Plan for the Public Works Department. This plan will describe the skills needed to move from one step to another in the City's salary step system. We are not presenting this plan to have a discussion of every detail in it because that would require a workshop. The reason we have presented it in early draft form is to get a sense from the Council whether or not we are on the right track. If we are on the right track, we will refine this further and bring it back to the Council. The Public Works Subcommittee reviewed this on Wednesday, January 23, 2008 and found it acceptable. CITY OF OTSEGO Public Works CAREER DEVELOPMENT PROGRAM The City of Otsego Public Works Department and City Administration are committed to formulating a career development program that will encourage skill enhancement and education, and recognize years of service. Our goal is to continuously improve the services we deliver to the citizens of the community and our co-workers. The program consists of 7 steps. Each step will have a certain number of requirements and associated pay. As employees advance through the steps they also increase their wages. The intent of the program is to provide the opportunity for employees to take greater ownership and responsibility for their professional development and advancement. The following items serve to clarify the Career Development Program: 1. Definitions: Department: Public Works Division: Streets Parks Equipment Maintenance Utilities 2. Step 4 is considered to be the standard or minimum step for all public works employees. All employees need to acquire the qualifications necessary to meet the requirements of steps 1 through 4. Steps 5, 6, and 7 have been created to recognize those employees whose performance is above average and who wish to advance in their field. Employees classified in any of these advanced steps will still be required to perform day-to-day maintenance tasks. 3. Step 5 is considered to be the standard or minimum step for all mechanics. Steps 6 and 7 have been created to recognize those employees whose performance is above average and who wish to advance in their field. Employees classified in any of these advanced steps will still be required to perform day-to-day maintenance tasks. 4. Employees are required to demonstrate that they successfully meet the qualifications of the subsequent step prior to their receiving approval to move to that step. The City must provide employees with the opportunity to obtain the necessary training and practice to move within the Step Program. Not being provided the opportunity for training and practice will not preclude an employee from moving within the program. 5. Each employee is responsible for initiating his or her progress to the next step available by submitting a written application to the employer designated representative. Once formal application is made, the following actions will take place: A. The employee and department head will meet to establish a development program. It is the responsibility of the employee and employer designated representative exclusively to complete this step. B. Once a development program is established, a series of meetings (2 minimum) over the projected time of the development program are required. The meetings will be to review the progress and to establish items to be accomplished prior to the next meeting. This is meant to ensure steady progress. Completion times may be adjusted by mutual agreement. C. The employee is responsible for completing the documentation (forms to be provided by the employer) regarding development opportunities. Development opportunities include the individual step requirements, training and education that are specifically listed within each step. 6. The City reserves the right to place new employees within the Step Program based upon the needs of the City and the individual's qualifications. 7. The City reserves the right to reclassify Public Service Workers in Steps 5, 6, or 7 and Public Service Mechanics in Steps 6 or 7 if the employee no longer successfully fulfills the requirements of their respective step. The employee would be provided with a six-month period to resolve what deficiencies exist prior to a reclassification. The employer designated representative is responsible for notifying the employee in writing when a deficiency exists. 8. The City has sole authority for determining whether an employee shall advance to public service worker steps 5, 6, and 7 or mechanic steps 6 2 7. Successful completion of in-house snow removal course designated specifically for departmental requirements and equipment. 8. Completion of confined space entry training. 9. Maintains safe work practices and a safe work driving record. 10. Successfully follows work directions. 11. Completion of Defensive Driving Class (St. Cloud DOT). 12. Demonstrates knowledge of and adheres to City policies affecting Public Works. 13. Follows safety manual policies and safe practices. 14. Routinely demonstrates ability to perform pre -trip DOT inspections. 15. Chain saw training, procedure for all departments. To get to Step 2: Forty (40) hours of training during established working hours is required. The intent of this does not preclude employees from pursuing training/ education outside of established working hours if desired. Division supervisors will make available to all workers information regarding schools and seminars. Disputes regarding course selection will be resolved by the Step Committee. DIVISION REQUIREMENTS: Meets all prior division requirements and: Parks: Streets: Utilities: • Must know where city parks and City facilities are located and have a basic understanding of maintenance procedures. • Ability to operate small hand tools and equipment such as saws, trimmers, riding lawn mowers, and tractors. • Knowledge and understanding of basic ball field maintenance operations. • Demonstrated knowledge and understanding of in-house snow plowing and sanding activities. • Demonstrated knowledge of street maintenance and equipment. • Minor asphalt -patching skills. • Minor concrete repair skills (i.e. grout catch basin rings). • Assist in street sign repair. • Demonstrate knowledge of skid steer, roller, tractors, front end loader, TLB, dump truck; dump truck with snow plow, sander, and underbody; saws and hand tools. • Must know where pump and lift stations are located and have basic understanding of the operation. • Knowledge and understanding of city water and sewer system. 5 and 7. The step committee described in the following section thereof shall review this movement or lack. 9. A Step Committee will be created as necessary. The Committee, consisting of ................... 10. Placement of Current Employees within the program. • Program optional for current employees. • Please note that no employee will receive less than his or her current pay or have his or her wages frozen as a result of this program implementation. 11. Training to acquire proficient operation is integral to advancement in the Step System. 3 City of Otsego Public Works Maintenance Step System Step 1 Time in Step: The following requirements must be met prior to hiring: MINIMUM REQUIREMENTS: 1. High School Diploma, GED, or equivalent. 2. Valid driver's license with satisfactory driving record and obtain a "B" CDL w/ air brake and tanker endorsements within 6 months. 3. Successful completion of city's physical exam including drug test. 4. Ability to read, understand and follow written and oral instruction, including safety rules. 5. Ability to meet the physical demands of the job including, but not limited to: lifting, bending, climbing, reaching overhead, pushing and pulling. 6. Ability to perform job responsibilities in normal to adverse climatic conditions. 7. Ability to perform routine repair and maintenance tasks in one or more of the following divisions. 8. Ability to work as a member of a team or crew. 9. Ability to demonstrate knowledge of streets and public facilities within 6 months. City of Otsego Public Works Maintenance Step System Step 2 Advancement Opportunity: After completion of the probationary period. MINIMUM REQUIREMENTS: 1. Successful completion of one year at Step 1 or possess equivalent experience. Meets all minimum requirements of Step 1. 2. Demonstrates a basic understanding of equipment maintenance needs, record keeping and requests for service. 3. Successful completion of the Local 49 three to five day basic equipment operating and safety course (bob cat, loader, rubber tire.) (Phase 1). 4. Completion of a traffic control seminar (work zone safety). 5. Successful completion of all applicable City and/or divisional safety and hazardous materials training. 6. Demonstrates knowledge of and completes appropriate departmental record keeping (i.e. time sheets, leave requests, overtime requests, and accident reports). 4 • Knowledge of water/sewer maintenance, tools, equipment, generators and methods. City of Otsego Public Works Maintenance Step System Step 3 Advancement Opportunity: After a minimum of 1 year at Step 2 or equivalent After completion of the probationary period. MINIMUM REQUIREMENTS: 1. Successful completion of one year at Step 2 and meets the minimum requirements of all previous steps; or possesses equivalent experience. 2. Demonstrates knowledge of and ability to perform running repairs and light maintenance on assigned equipment. Basic skills to remove and reattach implements, such as plows, blowers, mower decks with various coupling devices (3 pt. hitches, etc.) Would be required to perform daily light maintenance on equipment, lubrication, light bulbs, wiper blades, cutting edges, blade sharpening on mower decks, chain and belt tightening, tire inflation and all other items required to operate safely. Required to keep inside and outside of vehicle and equipment clean. 3. Demonstrates understanding of division job responsibilities and shows ability to complete tasks as assigned with minimal instructions. 4. Contributes information to supervisor concerning daily operations. 5. Completes division record keeping as required (i.e.: project productivity data). 6. Demonstrates knowledge of Gopher One call procedures. 7. Successful completion of the Local 49 heavy equipment operating and safety course (Phase 2). To get to Step 3: Forty (40) hours of training during established working hours is required. The intent of this does not preclude employees from pursuing training/ education outside of established working hours if desired. Division supervisors will make available to all workers information regarding schools and seminars. Disputes regarding course selection will be resolved by the Step Committee. DIVISION REQUIREMENTS: Meets all prior division requirements and: Parks: • Demonstrated knowledge and understanding of turf management and maintenance. • Demonstrated knowledge and understanding of basic irrigation/ fountain system maintenance. 6 Streets: Utilities: • Ability to set up safe work zones • Training in asphalt/ bituminous technology and repair • On-the-job basic manhole repairs, catch basin repairs • Snow and ice control • Ability to operate and maintain loader, crack filling kettle, roller, tandem, water truck, tractor w/mower, street sweeper, road grader. • Must obtain a class SD wastewater or D water license within one year or the 1St testing opportunity available after the one year opportunity. Wastewater or water distribution training to maintain or advance licenses such as annual collections system operators' conference. • Knowledge and understanding of hazardous chemicals within industry including chlorine, fluoride, etc. • Vic -all seminar. • Ability to operate Vactor City of Otsego Public Works Maintenance Step System Step 4 Advancement Opportunity: After a minimum of 1 year at Step 3 or equivalent outside experience MINIMUM REQUIREMENTS: 1. Successful completion of one year at Step 3 and meets the minimum requirements of all previous steps. 2. Looks for and completes additional tasks either as directed or on own when direction is not available. 3. Shows the ability to work without on-site supervision and makes general on-site decisions related to task assignments. 4. Understands all division vehicles and equipment and operates this equipment effectively. Understands preventive maintenance and care procedures for equipment and routinely performs them. Identifies problems and demonstrates the initiative to perform necessary repairs or report the problem to the appropriate person. 5. Demonstrates knowledge of methods, materials and tools used in areas of job responsibilities. 6. Knows division operations and performs tasks proficiently and to completion. Can help others understand and develop their skills to perform assigned tasks. 7. Demonstrates safe working practices. Communicates with other employees regarding safe practices. 8. Provides instructions to seasonal employees and provides input to the supervisor regarding seasonal employees work habits. To get to Step 4: Forty (40) hours of training during established working hours is required. The intent of this does not preclude employees from pursuing training/ education outside of established working hours if desired. Division supervisors will make available to all workers information regarding schools and seminars. Disputes regarding course selection will be resolved by the Step Committee. DIVISION REQUIREMENTS: Meets all prior division steps and: Parks: (Must have 4 of 5) • Building maintenance proficiency. • Demonstrated knowledge and understanding of bucket truck operation • Demonstrated knowledge and understanding operating the John Deere tractor 4720 & all attachments • Demonstrated knowledge and understanding of John Deere 1545 mower. • Knowledge of playground equipment inspection and repair. Streets: Qualified to operate and maintain 4 of 5 • Demonstrated knowledge and understanding operating the John Deere 5525 & all attachments • Demonstrated knowledge and understanding of John Deere Tractor 4720 & all attachments • Demonstrated knowledge and understanding of operating a dump truck with plow, sander, under body plow • Ability to perform duties as crew leader performing sign maintenance/repair, asphalt patching, or other projects. Utilities: • Class SD Wastewater and Class D water license. • Meter repair workshops. • Building and plumbing maintenance proficiency (gauge repairs, leaks) • SCADA operation. 0 • Ability to operate hand held meter reader. • Ability to perform Gopher State One Call locates City of Otsego Public Works Maintenance Step System Step 5 Advancement Opportunity: After a minimum of 1 year at Step 4 or equivalent outside experience. MINIMUM REQUIREMENTS: 1. Successful completion of one year at Step 4 and meets the minimum requirements of all previous steps. 2. Demonstrates a depth of knowledge within one division (annual planning and operation considerations). To get to Step 5: Forty (40) hours of training during established working hours is required. The intent of this does not preclude employees from pursuing training/ education outside of established working hours if desired. Division supervisors will make available to all workers information regarding schools and seminars. Disputes regarding course selection will be resolved by the Step Committee. DIVISION REQUIREMENTS: Meets all prior division steps and: Utilities: Parks: • Class SC Wastewater or Class C water license. • Meter installation with MXU. • Tree and shrub pruning experience and knowledge • Bucket truck operation • Operation/ Maintenance of pavilion and shelters • Demonstrated knowledge and understanding of irrigation systems (installation, maintenance and operation — including set up / tear down and diagnosis of problems). Streets: Operate and perform basic maintenance • Vactor • Plow • Flusher • Sweeper • Front end loader/ backhoe • Bombardier • Bucket Truck Operation 9 Mechanic: • Qualified automotive mechanic with a minimum of 3 year's repair work experience on small engines and a variety of light and heavy equipment. • 50% progress towards Vocational/ Technical College diploma in vehicle and/or equipment repair and maintenance, or equivalent experience. • CDL Inspection Certification. City of Otsego Public Works Maintenance Step System Step 6 Advancement Opportunity: After a minimum of 1 year at Step 5. MINIMUM REQUIREMENTS: 1. Successful completion of one year at Step 5 and meets the requirements of all previous steps. 2. Independently and successfully performs appropriate work without direction from the supervisor. Informs the supervisor of daily activities. 3. Leads a work crew as assigned on a task by task basis depending on expertise. Makes on-site decisions regarding work crew activities. Provides input to supervisor regarding work problems and progress. 4. Has cross -trained (semi -skilled/ skilled) in all other divisions of Public Works to be qualified to fill in during emergency situations including laborer tasks. 5. Demonstrates knowledge of the capabilities of all equipment used by the Public Works Department and chooses the appropriate equipment for each task. To get to Step 6: Forty (40) hours of training during established working hours is required. The intent of this does not preclude employees from pursuing training/ education outside of established working hours if desired. Division supervisors will make available to all workers information regarding schools and seminars. Disputes regarding course selection will be resolved by the Step Committee. One class (3 CEU's or credits) on leadership and/or supervision required. -or- Complete 40 hours of technical training and 8 hours of leadership/management training. (For clarification) One hour of approved accredited training = 0.1 CEU. On going after reaching Step 6, must take 28 hours pre -approved technical and/or leadership education every three years. [Note: equivalent work towards Public Works Administration Certificate (or equivalent) meets this requirement.] 10 DIVISION REQUIREMENTS: Meets all prior division requirements and: Utilities: • SC waste water AND C water licenses • Demonstrated knowledge of pump repair and maintenance. • Supervise part-time employees • Lead three-person crew (i.e. hydrant flushing) • Demonstrated knowledge of water main breaks • Demonstrate the ability to supervise the repair of water main breaks Parks: • Demonstrated basic electrical knowledge • Supervise part-time employees • Demonstrated knowledge of current playground/ bleacher safety standards • Demonstrated basic carpentry knowledge • Lead crew for special projects. Streets: • Snowplowing, asphalt, water main breaks, working all types of traffic control. • Ability to train other full-time employees in safe operation of heavy equipment. • Advanced asphalt training • Advanced snow and ice control • Ability to act as crack sealing crew leader Mechanic: • Obtain at least the following: • Boiler License • Perform light and Heavy vehicle maintenance and repairs • Perform other department job tasks: jetting, sanding, plowing • Cross train with other department personnel for basic requirements Lead Mechanic: Utilities: • Obtain at least the following: • Boiler License • CDL Inspection Program • Perform light and heavy vehicle maintenance repairs • Perform other department job tasks; jetting, sanding, plowing • Cross train with other department personnel for basic requirements • Perform administrative responsibilities including but not limited to taking repairs for orders, maintaining shop supplies and inventory, maintaining a current vehicle maintenance library. • SC waste water AND C water licenses 11 • Demonstrated knowledge of pump repair and maintenance. • Supervise part-time employees • Lead three-person crew (i.e. hydrant flushing) • Demonstrated knowledge of water main breaks • Demonstrate the ability to supervise the repair of water main breaks Generalist: Employees who have reached at least Step 4 in three divisions or Step 5 in 2 divisions may request consideration for movement to Step 6. Request to be reviewed by the Step Committee described under item 10 of the general program description. City of Otsego Public Works Maintenance Step System Step 7 Advancement Opportunity: After a minimum of 1 year at Step 6. Must meet requirements of previous steps. Utilities: • Windows 95, SCADA computer, lap top, pager, cell phone • 30 hours of pre -approved education outside of work hours • Supervise department during Supervisor's absence • Maintain SB wastewater AND B water licenses • Boiler license Parks, Streets, Mechanics: Obtain one-half of the requirements towards a Public Works Administration Certificate from North Hennepin or pre -approved equivalent (11 semester credits). To stay at this step, would have to be making continual progress towards completion of the Public Works Certificate or equivalent (must obtain certificate within 4 years). Once certificate obtained, must complete a minimum of 40 hours of pre -approved technical or management/leadership education outside of working hours every 2 years. On going after reaching Step 7 employee must participate in one of the On-call rotation schedules. 12 Utilities: • Windows 95, SCADA computer, lap top, pager, cell phone • 30 hours of pre -approved education outside of work hours • Supervise department during Supervisor's absence • Maintain SB wastewater AND B water licenses • Boiler license This is a draft. Consider: Requiring applicators license Computer Knowledge and training Ability to perform required building safety inspections Operating sign making equipment and software Manage fuel system software Inspect and set up back-up generators Knowledge and training for NPDES inspections, repairs, and records Provide a list of current, future and rental equipment used - Using this program, all full time public works employees should have the same job description. Duties and comp worth values change with each step. -Currently, Otsego public works employees will be noted to be required to perform duties in all divisions. - I left utilities division in for an example of what might be required in the future. 13 ITEM 8-1 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 703.231.2581 planners@nacplanning.com MEMORANDUM TO: Otsego City Council FROM: Daniel Licht, AICP DATE: 23 January 2008 RE: Otsego.— Wildflower Meadows South NAC FILE: 176.02 —07.27 The Planning Commission held a public hearing on 22 January 2008 to consider the applications for development of Wildflower Meadows South. Ms. Deb Ridgeway of The Rottlund Company was present to represent the applicant and stated that they were in agreement with the recommendations of City staff. There were no comments from the public. The Planning Commission discussed the design of the proposed buildings relative to the other two approved building pians for Wildflower Meadows. A specific issue of discussion was the dimensions of the garage, which has been an on-going concern of the Planning Commission related to townhouse developments. City staff responded that the garages for the proposed buildings were consistent with the dimensions of the garages on the previously approved buildings. City staff also noted that the 25 foot setback of the garage face to the private driveway allows sufficient space on the apron for parking an oversized vehicle without impeding access. The public hearing was closed and the Planning Commission voted 6-0 to recommend approval of the Zoning Map amendment and 5-1 to recommend approval of the PUD - CUP and preliminary plat. Commissioner Thompson stated that he voted against recommending approval of the PUD -CUP and preliminary plat based upon the proposed garage dimensions, which he believed to be undersized. The City Council will consider the applications at their meeting on 28 January 2008 at 6:30 PM. Findings of fact consistent with the recommendations of the Planning Commission are attached and options for City Council action are outlined below. POSSIBLE ACTIONS Decision 1 - Zoning Map Amendment A. Motion to approve a Zoning Map amendment rezoning the subject site from A-1 District to R-7 District based on a finding that the action is consistent with the Comprehensive Plan. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan. C. Motion to table. Decision 2 — PUD-CUP/Preliminary Plat A. Motion to approve a PUD-CUP/Preliminary Plat for Wildflower Meadow South, subject to the following conditions: 1. Approval of the preliminary plat shall not guarantee access to sanitary sewer service. The City shall only allocate sanitary sewer capacity to approved final plats with signed development contracts and payment of applicable SAC and WAC fees to assure the City of timely development. 2. A phasing plan shall be submitted outlining the anticipated final platting of the proposed subdivision. The phasing plan is subject to approval of the City Council, its schedule shall be made a condition of preliminary plat approval and it shall be incorporated as part of the terms and conditions of a development contract executed for the initial final plat of a phased development. 3. The developer shall specify a minimum of three distinct color packages (siding, trim and masonry) for the proposed townhouse buildings, with no scheme used for more than 1/3 of the building exteriors. 4 Right-of-way dedication for CSAH 37 and vacation of existing CSAH 37 right-of-way shall be subject to review and approval of Wright County. 5. All 22 foot wide private drives and the north side of the 28460t wide east - west private drive abutting CSAH 27 shall be posted "Fire Lane — No Parking". 6. The following setbacks shall apply within the area of the Preliminary Plat: CSAH 37 Quenroe Ave. West Plat Line Between Bkhn. Private Drives Wetland 65ft. 351 301 201 251 1 40ft. 7. The landscape plan shall be revised illustrate proposed foundation plantings and to provide for the required buffer yard plantings along CSAH 37, subject to review and approval of City staff. 8. Park and trail dedication requirements for both future additions of Wildflower Meadows and Wildflower Meadows South will be satisfied as a cash fee in lieu of land based on 41.7 percent of the per dwelling unit cash fee in effect at the time of final plat approval with credits for any developer installed improvements. 9. The preliminary plat is revised to illustrate the lots approved as Wildflower Meadows in place of proposed Outlot A. 10. A conservation easement shall be established over the 20 foot buffer required from the delineated edge of the wetland within the preliminary plat. 11. All grading, drainage, utilities, easements and private drive construction shall be subject to review and approval of the City Engineer. 12. The City and developer shall establish an easement for the location of an area identification sign east of Quenroe Avenue to provide for long term maintenance and ownership of the sign. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and Engineering Manual. C. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer Deb Ridgeway, The Rottlund Company Lary and Phyllis Fournier, property owners K� CITY OF 0 T S E G 0 WRIGHT COUNTY, MINNESOTA APPLICANT: The Rottlund Company 01-23-08 FINDINGS S DECISION ZONING MAP APPROVAL APPLICATION: Request for a Zoning Map amendment rezoning land included within the WkIflower Meadows Preliminary Plat from A-1 District to R-7 District. CITY COUNCIL MEETING: 28 January 2008 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is PIDs 118-500-264300 and 118-500-264301. B. The subject site is guided by the Comprehensive Plan for medium to high density residential land uses within the East Sanitary_ Sewer Service District. C. The subject site is zoned A-1, Agriculture Rural Service District. The applicant is requesting a Zoning Map amendment to rezone the subject site to R-7 High Density Residential District for the purpose of developing 24 townhouse dwelling units. D. Consideration of the application is to be based upon (but not limited to) the criteria set forth by Section 20-3-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The exception parcel and the south portion of llkftmr Meadows are guided by the Comprehensive Plan for medium to high density rasidVential development Townhouse buildings with eight units in a back-to-back configuration are an appropriate land use in this area consistent with the Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. Finding. The subject site is sunounded by the existingoVanned uses shown in the table below! Public sheets separate the subject site firm existing single Camay dwellings and a large wetland separates the subject site from future commercial uses to the wrest The proposed use will be compatible with existing and future land uses in the area. Direction Land Use Plan Zoning Mag Existing Use North MMD Residential R-7 District Townhouses East MD Residential A-1 District Single family South LD Residential A-1 District Horse farm Single family West Commercial &3 District RWrbend South 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed use will conform to the performance standards established by the Zoning Ordinance, Subdivision Ordinance and those approved as part of the tNMdflow er Meadows Preliminary Plat/PUD-CUP. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding:Access to the site is provided by CSAH 37 off of Quenroe Avenue. CSAH 37 is designated as a major collector street by the Weight County Transportation Plan and has adequate capacity to accommodate traffic generated by the proposed use. 5. The proposed use can be accommodated by existing public services and facilitiess and will not overburden the City's service capacity. Finding: The subject site is within the designated east sewer district with utiN7ies avar/able to the site and can be accommodated within existing City services and infrastructure. E. The Planning Report dated 16 January 2008 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Engineering Review dated 16 January 2008 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their meeting on 22 January 2008 to consider the application, preceded by published and mailed notice; upon review of the application, and other evidence, the public hearing was dosed and the Planning Commission recommended by a 6-0 vote that the City Council approve the request based on the findings outlined above. DECISION: Based on the foregoing information and applicable ordinances, the application is hereby APPROVED. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 21P day of January, 2008. CITY OF OTSEGO By: Vem HoWner, Mayor pro tempore Attest: Judy Hudson, Zoning Administrator/City Cleric 2 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA APPLICANT: The Rottlund Company 01-23-08 FINDINGS & DECISION PUD-CUP/PRELIMINARY PLAT APPLICATION: Request for approval of a PUD -CUP and preliminary plat for Wildflower Meadows South. CITY COUNCIL MEETING: 28 January 2008 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fad: A. B. C. D. The legal description of the property is PIDs 118-253-000010, 118-500-264300 and 118- 500-264301. The subject site is guided by the Comprehensive Plan for medium to high density residential land uses within the East Sanitary Sewer Service District. The subject site is zoned R-7 High Density Residential District. Consideration of the application is to be based upon (but not limited to) the criteria set forth by Section 20-42.F of the Zoning Ordinance: 2. 3. The proposed aeon's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The exception parcel and the south portion of Wi/dAbwer Meadows are guided by the Comprehensive Plan for medium to high density residential development Townhouse buildings with eight units in a bade to -back configuration are an appropriate land use in this area consistent with the Comprehensive Plan. The proposed use's compatibility with present and future land uses of the area. Finding: The subject site is surrounded by the exisfing/planned uses shown in the table below. Public streets separate the subject site from existing single family dwellings and a large wetland separates the subject site from future commercial uses to the west The proposed use will be compatible with existing and future land uses in the area. Direction Land Use Plan Zoning Map Existing Use North MMD Residential R-7 Disbict Townhouses East MD Residential A-1 District Single family South LD Residential A-1 District Horse farm Si le far' West Commercial B-3 District Riverbend South The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed use will conform to the performance standards established by the Zoning Ordinance, Subdivision Ordinance and those approved as part of the INifdl/ower Meadows Preliminary PWPUD-CUP. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding:Access to the site is provided by CSAH 37 off of Quenroe Avenue. CSAH 37 is designated as a major collector street by the Wright County Transportation Plan and has adequate capacity to accommodate traffic generated by the proposed use. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The subject site is within the designated east sewer disbrd with utkies available to the site and can be accommodated within existing City services and infrastructure. E. The Planning Report dated 16 January 2008 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Engineering Review dated 16 January 2008 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their meeting on 22 January 2008 to consider the application, preceded by published and mailed notice; upon review of the application, and other evidence, the public hearing was dosed and the Planning Commission recommended by a 5-1 vote that the City Council approve the request based on the findings outlined above. DECISION: Based on the foregoing information and applicable ordinances, the application is hereby APPROVED, subject to the following stipulations: Approval of the preliminary plat shall not guarantee access to sanitary sewer service. The City shall only allocate sanitary sewer capacity to approved final plats with signed development contracts and payment of applicable SAC and WAC fees to assure the City of timely development. 2. A phasing plan shall be submitted outlining the anticipated firsti platting of the proposed subdivision. The phasing plan is subject to approval of the City Council, its schedule shall be made a condition of preliminary plat approval and it shall be incorporated as part of the terms and conditions of a development contract executed for the initial final plat of a phased development 3. The developer shall specify a minimum of three distinct color packages (siding, trim and masonry) for the proposed townhouse buildings, with no scheme used for more than 1/3 of the building exteriors. 4 Right -of --way dedication for CSAH 37 and vacation of existing CSAH 37 right-of-way shall be subject to review and approval of Wright County. 5. All 22 foot wide private drives and the north side of the 28-1oot wide east -rest private drive abutting CSAH 27 shall be posted "Fire Lane — No Parking". 6. The following setbacks shall apply within the area of the Preliminary Plat: CSAR Quenroe West Between Private Wetland 37 Ave. Plat Bidgs. Drives Line 65ft. 35ft. 30R. 20ft. 25ft. 40ft. 2 7. The landscape plan shall be revised illustrate proposed foundation plantings and to provide for the required buffer yard plantings along CSAH 37, subject to review and approval of City staff. 8. Park and trail dedication requirements for both future additions of Wildflower Meadows and Wildflower Meadows South will be satisfied as a cash fee in lieu of land based on 41.7 percent of the per dwelling unit cash fee in effect at the time of final plat approval with credits for any developer installed improvements. 9. The preliminary plat is revised to illustrate the lots approved as Wildflower Meadows in place of proposed Outlot A. 10. A conservation easement shall be established over the 20 foot buffer required from the delineated edge of the wetland within the preliminary plat. 11. All grading, drainage, utilities, easements and private drive mon shall be subject to review and approval of the City Engineer. 12. The City and developer shall establish an easement for the location of an area identification sign east of Quenroe Avenue to provide for long term maintenance and ownership of the sign. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 210h day of January, 2008. CITY OF OTSEGO By: Vern Heidner, Mayor pro tempore Attest: Judy Hudson, Zoning Administrator/City Clerk 3 ORDINANCE NO.: 2008-01 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR LAND INCLUDED AS PART OF THE WILDFLOWER MEADOWS SOUTH PRELIMINARY PLAT. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally described as PIDs 118- 500-264300 and 118-500-264301. Section 2. The property is hereby rezoned from A-1, Agriculture Rural Service District to R-7, Residential - High Density District. Section 3. The Zoning Map of the City of Otsego shall not be republished to show the aforesaid rezoning, but the City Clerk shall appropriately mark the Zoning Map on fie in the City Clerk's office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. 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 2e day of January, 2008. CITY OF OTSEGO BY: Vern Heidner, Mayor pro tempore ATTEST: Judy Hudson, Zoning Administrator/City Clerk ITEM 8_2 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacpianning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 23 January 2008 RE: Otsego — Remington Coves 2nd Addition NAC FILE: 176.02-08.01 The Planning Commission held a public hearing on 22 January 2008 to consider the concept plan for replatting a portion of the Remington Coves detached townhomes with twin home units. Mr. Brian Reiner of Cottage Builders, Inc. was present to discuss the concept plan. There were no comments from the public. The Planning Commission appredated the circumstances the builder finds themselves in with regards to the lack of sales of the detached townhome product- The consensus of the Planning Commission is that the proposed twin home buildings would be appropriate in this location, but the site plan must be modified to reduce crowding and improve the orientation/location of the proposed buildings. To this end, the Planning Commission added a condition to the recommended comments for at least one of the proposed twin home buildings to be eliminated and the site plan adjusted accordingly to address their concerns. Mr. Rimer stated that they were agreeable do modifying the site plan as requested by the Planning Commission. The Planning Commission closed the public hearing. Pr+ooessing of concept Plans does not involve formal-approvar but advisory comments as to the acoeptabiliiY of a proposed project. As such, the Planning Commission voted 6-0 to recommend favorable comments on the proposed re -plat subjed to the conditions outlined below being addressed as part of a subsequent preliminary Plat application. The City Council will consider the concept plan at their meeting on 28 January 2008 at 6:30 PM. POSSIBLE ACTIONS A. Motion to provide favorable comment on the concept plan for ROningOon Coves 2"d Addition, subject to the following conditions: 1. The Concept Plan shall require the following applications to be processed in accordance with the Zoning Ordinance and Subdivision Ordinance: a. PUD -CUP amendment b. Preliminary Plat C. Final Plat d. Vacation of drainage and utility easement 2. The builder shall submit building elevations and floor plans for the proposed twin homes, which are subject to review by the Planning Commission and approval of the City Council. 3. The site plan is revised to eliminate a minimum of one building to reduce crowding. 4. A revised landscape plan shall be submitted reflecting changes to the site plan. 5. The following setbacks shall apply unless modified as part of the PUD - CUP amendment: 76m Street 69th Street Between Bk1gs. Private Drive 1 VVietland 65ft. 25ft. 201t. 25ft 40ft. 6. The utility plan shall be revised as recommended by the City Engineer, subject to that office's review and approval. 7. A revised grading plan reflecting the site plan changes is submitted and is subject to review and approval of the City Engineer. 8. Existing drainage and utility easements over Outlot C, Remington Coves 1St Addition are vacated and new easements established over the base lot based on the revised site plan, subject to review and approval of City staff. B. Motion to provide unfavorable comment on the concept plan based on the proposed land use being inconsistent with the intent of the Comprehensive Plan and previous Remington Coves approvals. C. Motion to table. C. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer Brian Reiner, Cottage Builders, Inc. Bruce Bonebright, Cottage Builders, Inc. 2 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA APPLICANT: Cottage Builders, Inc. 01-23-08 FINDINGS & DECISION SKETCH PLAN REVIEW APPLICATION: Consideration of a concept plan to replat 18 detached townhouse lots as 18 twin home units within the Remington Coves subdivision. CITY COUNCIL MEETING: 28 January 2008 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is B. The subject site is guided by the Comprehensive Plan for low density residential land uses within the west Sanitary Sewer Service District. C. The subject site is zoned R-6 Medium Density Residential District. D. The concept plan was processed in accordance with Section 20.36-4.0 of the Zoning Ordinance and any comments by the Planning Commission and City Council are non- binding. E. The Planning Report dated 17 January 2008 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Memorandum dated 16 January 2008 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their meeting on 22 January 2008 to consider the application, preceded by published and mailed notice; upon review of the application, and other evidence, the public hearing was dosed and the Planning Commission recommended by a 6-0 vote that the City Council provide favorable comment on the concept plan based on the findings outlined above. DECISION: Based on the foregoing information and applicable ordinances, the City Council provides favorable comment regarding the concept plan subject to the following conditions being addressed as part of a subsequent preliminary plat application: 1. The Concept Plan shall require the following applications to be processed in accordance with the Zoning Ordinance and Subdivision Ordinance: a. PUD -CUP amendment b. Preliminary Plat C. Final Plat d. Vacation of drainage and utility easement 2. The builder shall submit building elevations and floor plans for the proposed twin homes, which are subject to review by the Planning Commission and approval of the City Council. 3. The site plan is revised to eliminate a minimum of one building to reduce crowding. 4. A revised landscape plan shall be submitted reflecting changes to the site plan. 5. The following setbacks shall apply unless modified as part of the PUD -CUP amendment: 7e Street 69th Street Between Private Bldgs. Drive Wetland 65ft. 25ft. 20ft. 25ft. 40ft. 6. The utility plan shall be revised as recommended by the City Engineer, subject to that ofrice's review and approval. 7. A revised grading plan reflecting the site plan changes is submitted and is subject to review and approval of the City Engineer. 8. Existing drainage and utility easements over Outlot C, Remington Coves 1'r Addition are vacated and new easements established over the base lot based on the revised site plan, subject to review and approval of City staff. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 281h day of January, 2008. Attest: CITY OF OTSEGO By: Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk K ITEM 8-2 Mike Robertson From: "Scott Dahlke" <sdahlke@gsdesign.com> To: "Mike R @ Otsego" <mike@ci.otsego.mn.us> Cc: "Ron Wagner @ HAA" <ronw@hakanson-anderson.com>; "Andrew M @ C&M Law" <amacarthur@earthlink.neh; "Mike Leuer @ MLC" <mikeleuer@moenleuer.com>; "Ralph" <rstation58@aol.com> Sent: Friday, January 18, 2008 12:37 PM Subject: Remington Cove Payment status to the City of Otsego Mike, The Remington Cove developer has yet to make the $15,000.00 payment to the City of Otsego (which then gets forwarded to the Otsego Preserve developer Otsego West LLC) for the improvements installed in 67th Street as defined in the developers agreement. 1 see that Remington Cove is requesting a replat of part of the project, and it is to be discussed at the January 22, 2008 P!Z meeting. Is there and opportunity to get this payment issue resolved as part of the replat process? As I see it, the Remington Cove developer is not in compliance with the developers agreement, and therefore the City should not be granting additional approvals until non-compliant issues are resolved. Give me a call with any questions at 763-550-9056. Thanks, Scott Dahlke QSD 1/23/2008 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: 23 January 2008 RE: Otsego—, City Code; Utility Operations Ordinance NAC FILE: 176.08 — 07.16 The City adopted Ordinance 2007-13 establishing a Utility Billing Ordinance as Chapter 6, Section 2 of the City Code on 24 September 2007. City staff has subsequently been working together on an update of the Utility Operations Ordinance that addresses connection and discharge to the sanitary sewer system. The draft Utility Operations Ordinance is based upon a model ordinance provided by Peoples Service, Inc. The intent of the Utility Operations Ordinance to be adopted as Chapter 6, Section 3 of the City Code is to protect the sanitary sewer system and waste water treatment facilities from potentially harmful discharges or discharges that exceed the capabilities of the system to ensure efficient and safe operations. The draft City Code amendment would also re-establish provisions for the assessment of SAC and WAC fees that were removed from the City Code when the utility billing ordinance amendment was adopted. Other updates included within the draft amendment are provisions allowing watering restrictions to be imposed, which is a requirement of the DNR related to the City's water permits, policies encouraging conservation of water resources that the DNR require to become mandatory in the future, requirements for separation of public and private water sources and a provision requiring property owners to maintain access to fire hydrants within the boulevard area abutting their property (grass, weeds, snow, etc.). City staff has also drafted proposed updates to the regulations in Chapter 4, Section 3 of the City Code regarding Individual Sewage Treatment Systems. These updates reflect primarily administrative changes to the processing, review and issuance of permits for septic systems handled almost entirely within the Building Department. City staff recommends approval of Ordinances 2008-02 and 2008-03 as presented and approval of summary ordinances for publication also attached. City staff will be available at the City Council meeting on 28 January 2008 to address any comments or questions regarding the draft utilities operations ordinance and amended ISTS Ordinance. C. Mike Robertson Judy Hudson Gary Groen Tim Rochel Ron Wagner Andy MacArthur Kristen Carr Kurt Neidermeier 2 ORDINANCE NO.: 2008-02 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AUTHORIZING AND REGULATING SANITARY SEWER USE AND OPERATIONS WITHIN THE CITY OF OTSEGO, MINNESOTA AND AMENDING CHAPTER 6, PUBLIC UTILITIES, PROPERTY IMPROVEMENTS, AND WAYS, SECTION 3 SEWER USE OF THE OTSEGO CITY CODE THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Chapter 6, Section 1 of the Otsego City Code is hereby amended to include the following provisions: 6-1-5: Water Access Charge (WAC) 6-1-6: Sewer Access Charge (SAC) 6-1-7: Water Emergency 6-1-8: Water Use Conservation Section 2. Section 6-2-6 of the Otsego City Code is herby amended to include the following provisions: G. City water supply and any private water supply system separation. H. Lawn sprinkler and irrigation systems. Section 3. Section 6-2-10 of the Otsego City Code is hereby amended to read as follows: 6-2-10: Fire Hydrants Section 4. Chapter 6, Section 3 of the Otsego City Code is hereby amended to read as follows: Section: SECTION 3 SANITARY SEWER USE AND OPERATIONS 1 6-3-1 Purpose 6-3-2 Scope 6-3-3 Definitions 6-3-4 Permit and Permit Fee 6-3-5 Connection Requirements 6-3-6 Abatement of Violations 6-3-7 Prohibited Discharges 6-3-8 Pretreatment 6-3-9 Monitoring Facilities 6-3-10 Reporting Requirements 6-3-11 Private Sewage Disposal System Required 6-3-12 Special Agreements Permitted 6-3-13 Penalty 6-3-14 Severability Section 5. This Ordinance shall become effective immediately upon its passage and publication according to law. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 28th day of January, 2008. CITY OF OTSEGO CYA Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk 2 Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the Zoning Administrator/City Clerk, Otsego City Hall, 8899 Nashua Avenue, Otsego, Minnesota 55330 during regular office hours. 3 ORDINANCE NO.: 2008-02 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING ADMINSTRATIVE PROVISONS FOR REGULATION OF INDIVIDUAL SEWAGE TREATMENT SYSTEMS THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Chapter 4, Section 3 of the Otsego City Code is hereby amended to include the following provisions: SECTION 3 INDIVIDUAL SEWAGE TREATMENT SYSTEMS Section 4-3-1 Purpose and Intent 4-3-2 Definitions 4-3-3 General Provisions 4-3-4 Administration 4-3-5 Permit Application Requirements and Procedures 4-3-6 Permit Approval Procedures 4-3-7 Inspections 4-3-8 Non -Compliant Systems; Failing Systems, and Systems Posing an Imminent Threat 4-3-9 Warrantied, Alternative, and Other Systems; Variances 4-3-10 Record Keeping 4-3-11 Enforcement 4-3-12 Connection to Municipal Sewer 4-3-13 Repealer 4-3-14 Severability 4-3-1: PURPOSE AND INTENT: The purpose of this section is to provide minimum standards for and regulation of individual sewage treatment systems (ISTS) and septage disposal including the proper location, design, construction, operation, maintenance, and repair to protect surface water and ground water from contamination by human sewage and waterborne household and commercial waste; to protect the public's health and safety; to protect the natural environment; and to eliminate or prevent the development of public nuisances. This ordinance is adopted pursuant to the authority granted under Minnesota Statutes Chapters 115 and 145A and Minnesota 4-1 Deleted: AND WASTEWATER Deleted: the Sewage and Wastewater Treatment Ordinance Rules Chapter 7080, pertaining to individual sewage treatment systems, as the same may from time to tome be amended. (Ord. 00-09, June 12, 2000) 4-3-2: DEFINITIONS: For purposes of this ordinance, the following capitalized and italicized terms and phrases, wherever they appear, have the meanings indicated: Alternative System' means an ISTS employing the methods and devices presented in Minnesota Rules 7080.0172, or as designated by the Commission in Minnesota Rules 7080. 0400, subpart 2. Building Official' means the person employed as the Building Official of the City of Otsego or their designee. `Certificate of Compliance' means a document written after a compliance inspection, certifying that an ISTS is in compliance with the applicable requirements at the time of inspection. `City' refers to the City of Otsego, a municipal corporation duly organized under the law of the State of Minnesota. `City Engineer' means the firm or individual designated by the City Council as the City Engineer for the City of Otsego. `Commissioner' refers to the Commissioner of the Minnesota Pollution Control Agency. `Failing System' means a seepage pit, cesspool, drywell, leaching pit, other pit, a tank that obviously leaks below the designated operating depth, or any system with less than the required vertical separation as described in Minnesota Rules 7080.0060, subpart 3. `Imminent Threat' means situations with the potential to immediately and adversely impact or threaten public safety or health. At a minimum, ground surface or surface water discharges and any system causing sewage backup into a dwelling or other establishment shall constitute an imminent threat. `ISTS'stands for Individual Sewage Treatment System. `Individual Sewage Treatment System' means a sewage treatment system, or part thereof, serving a dwelling, or other establishment, or group thereof, and using sewage tanks followed by soil treatment and disposal or using advanced treatment devices that discharge below final grade. Individual sewage treatment system includes holding tanks and privies. 'ISIS Permit' refers to a permit required by and issued pursuant to this ordinance for the construction, installation, repair, alteration, relocation, maintenance or pumping of an ISTS. 4-2 Deleted: sewage and wastewater treatment F—anted: Font: Italic Formatted: Font: Italic ISTS Professional" means a person who designs, installs, alters, repairs, maintains, pumps, or inspects all or part of an individual sewage treatment system and is required to comply with applicable requirements. `Non -Compliant System' means an ISTS that is a failing system, a system posing and imminent threat or a system that otherwise does not meet the standards set forth in Minnesota Rules, Chapter 7080. A non-compliant system does not include alternative systems, warrantied systems, and other systems, provided such systems are not failing systems and do not pose an imminent threat to the natural environment or the public health, safety, and welfare. `Notice of Non -Compliance' means a document written and signed by a qualified employee or licensee after a compliance inspection that gives notice that an individual sewage treatment system is not in compliance with as specified under Minnesota Rules 7080.0060. `Other Systems' means systems described in Minnesota Rules 7080.0178 that do not meet the technical standards and criteria and rely on soil treatment and disposal. `Standard System' means an ISTS that meets the requirements and specifications of Minnesota Rule Chapter 7080 and which is not a warrantied, alternative, or other system- Warrantied System' means an ISTS product or design on the warrantied systems Inst under Minnesota Rules 7080.0450. Any terms or phrases that appear in this ordinance and which are not specifically defined shall have the meaning given in Minnesota Rules 7080.0020. Any reference in this ordinance to Sections of 7080 reW to Minnesota Rules, Chapter 7080, as the same may be mended from time to time. (Ord. 00-09, June 12, 2000) GENERAL PROVISIONS: A. Scope and Application. This ordinance shah apply to all existing and future individual sewage treatment systems located within the City of Otsego. B. Standards Adopted by Reference. The City hereby adopts by reference Minnesota Rules Parts 7080.0010 to 7080.0315, as the same may from time to time be amended, relating to minimum technical standards and criteria for individual sewage tnretrnent systems. Any ISTS constructed and installed within the City subsequent to the adoption of this ordinance must comply with these provisions adopted by reference, unless otherwise approved as a warrantied, alternative, or other system pursuant to Section 43-9 of this Code. 4-3 C. Permits Required. No person shall construct, install, alter, repair, extend, relocate or pump any individual sewage treatment system in the City of Otsego without first applying for and obtaining a permit as provided in Section 4-3-5 of this Code. D. License Requirements. No person shall engage in the evaluation, inspection, design, installation, construction, alteration, extension, repair, maintenance or pumping of an individual sewage treatment system without first obtaining a license to perform such tasks from the Commission as required by Minnesota Rules 7080.0700 through 7080.0720. E. Additional Soil Treatment Area Required. For all lots created after January 23, 1996, and the ISTS system shall identify and designate at least one (1) alternative soil treatment area, in addition to the primary soil treatment area, which can support a standard soil treatment system. (Ord. 00-09, June 12, 2000) 4-3-4: ADMINISTRATION: A. Ordinance Administration. The Building Inspector and City Engineer shall be responsible for the administration of this Section. B. Duties of the Clerk. The Building Official shall be responsible for the administration and issuance of orders, permits and notices required by this ordinance and is authorized and directed to cooperate with local and state officials and personnel in the enforcement of this ordinance, Minnesota Rules Chapter 7080 and applicable state laws. C. Duties of the Building Inspector. The Building Inspector shall be responsible for site and system inspections, compliance determinations, investigation of failing systems and permit review and any other duties necessary to ensure compliance with the provisions of this ordinance, Minnesota Rules Chapter 7080 and applicable state law. The Building Inspector shall be properly licensed by the MPCA to conduct the foregoing duties as required by Minnesota Rules Chapter 7080, as the same may from time to time be amended. D. City Engineer Duties. The City Engineer shall be responsible for review and system design analysis on all warrantied, alternative, or other systems approved under Section 4-3-9 of this Code. (Ord. 00-09, June 12, 2000) 4-3-5: PERMIT APPLICATION REQUIREMENTS AND PROCEDURES: A. Application Information. Each permit application required by Section 4-3-3.0 above shall be presented as follows and contain all of the following information: 4-4 Deleted: CRy Clerk, Deleted: Deleted: ordinance Deleted: CRy Clerk Deleted:. The Clerk B. Application Form. Applications for permits shall be made on forms approved and furnished by the City. The applicant must be signed by the applicant and shall be submitted to thej3uidling Official. C. Legal Description, Name and License Data of ISTS Professional. Each permit application shall contain the legal description of the property for which the permit is requested. The application shall also disclose the name of the ISTS professional who will perform the work for which the permit is required and provide all license data required by Minnesota Rules 7080.0700 through 7080.0720. D. Site Plan. Each permit application shall be accompanied by a site plan, prepared by an ISTS professional or professional land surveyor, showing the following, unless such requirements are specifically waived, in whole or in part, in writing by the Building 1. The location of any proposed or existing building on the subject property. 2. The boundary lines of the subject property. 3. The location of water supply facilities. 4. The location and ordinary high water mark or any streams, ponds, or lakes located on or within one hundred fifty (150) feet of the subject property. 5. That the proposed ISTS meets all setbacks as required by Minnesota Rules Chapter 7080. 6. Topographic contours at two (2) foot intervals. Topographic contours and elevations shall be drawn to scale on the site plan using common engineer's scale. 7. The location of any ISTS or wells on adjoining lots within one hundred fifty (150) feet of the subject property. 8. Each site plan shall be accompanied by a certificate of accuracy from the ISTS professional or land surveyor who prepared the site plan. E. System Design Data. Each permit application shall include a complete design plan showing the size and location of all parts of the ISTS and provide a design certification from a licensed ISTS professional as to the adequacy and location of the ISTS in relation to the requirements imposed by 7080. F. Other Data. Each permit application shall contain any and all additional information, as may be required by the City, necessary to show that the conditions of 7080 will be met. (Ord. 00-09, June 12, 2000) 4-5 Deleted: CityClerk Deletes: Cky�s Deleted: Inspector 4-3-6: PERMIT APPROVAL PROCEDURES: A. Permits. Permits shall be approved or denied as hereinafter provided in this subdivision. B. Permit Fees. he amount of fees to be collected at the time of application for resolution, heY City Council shall, by permits required by this Section shall be established in Section 2-4-2 of the City Deleted: ordinance Code. C. Submission of Application. Permit applications shall be submitted to the J3uildinq Offici, along with the permit fee. The Building Official shall, within Deleted:City Clerk, fifteen 15 days, determine whether a submitted application is complete. [a�pp#ic�afionsThe Clerk shall forward all Incomplete applications shall be rejected and returned to be applicant along with theBuiklinglnspector. eted a written explanation as to why the application has been rejected. Del` Inspector Deleted: five (5) D. Technical Review. Once a complete application is received, the Building shall review the application to determine whether it meets the requirements and standards of this ordinance and of Minnesota Rules Chapter 7080. The City Engineer shall be responsible for review and system design analysis on all warrantied alternative or other systems approved under Section 4-3-9 of this Code. The Building Official may, at their discretion, submit all other permit application to the City Engineer for review, comment, and/or a determination as to whether the application meets the requirements of this ordinance and Minnesota Rule Chapter 7080. E. Approval by Building Official, Once a determination is made that the application meets all applicable requirements, the,Building Official shall issue the ISTS permit. The Building Off_icia' and/or City Engineer may impose any and all conditions to ensure compliance with the requirements of State law, Minnesota Rule Chapter 7080 and applicable local ordinance. If it is determined that the application does not meet the requirements of this ordinance or Minnesota Rules Chapter 7080, then the shall give notice to the applicant that the application has been rejected and state the reasons for such rejection. (Ord. 00- 09, June 12, 2000) 4-3-7: INSPECTIONS: A. General Inspection Requirements. The Building Official and/or City Engineer shall make such ISTS inspections as are necessary to determine compliance with this ordinance, Minnesota Rules Chapter 7080 and/or any conditions contained in permits issued hereunder. The following events shall trigger an ISTS compliance inspection: SM -1 Deleted: Inspector Deleted: Inspector Deleted: , in his or her sole Deleted: the Deleted: inspector Deleted: Deleted: then Deleted: application shall be returned to the City Clerk who �eted: Inspector Deleted: Clerk Deleted: as provided by the Building Inspector and/or City Engineer Deleted: The decision to approve or deny the application permit should occur within ten (10) days of the Building Inspector's receipt of a complete application. Failure to approve an application within ten (10) days shall not be construed as an approval or otherwise allowing an ISTS that would not be approved under this ordinance, Chapter 7080 or other applicable law. Deleted: Inspector 1. A permit is granted under Section 4-3-6.E of this Code. 2. A building permit or variance is granted for new construction or the addition of a bedroom or bathroom on property served by an ISTS. 3. For all new ISTS construction, or any ISTS replacement, repair, alteration, maintenance, or operation. 4. Granting of request for change in system design or change in permit conditions. 5. The City learns or receives a complaint that a particular ISTS may be a failing system or poses an imminent threat to public health, safety, and welfare. B. Time and Manner of Inspection. Inspections shall be made by the Building Official and/or City Engineer to ensure compliance with the requirements of this ordinance, Minnesota Rules Chapter 7080 and any permit conditions. Inspections shall be made within seven (7) days of written notification by any ISTS permit holder that the ISTS for which the permit was issued is ready for inspection. No part of the ISTS shall be covered until it has been inspected and accepted by the Building Official__and/or the City Engineer. It shall be the responsibility of the permit applicant to notify the Building in writing that the project is ready for inspection. Inspections shall be made prior to the issuance of a building permit or variance for new construction or the addition of a bathroom or bedroom on property served by an ISTS. C. Certificate of Compliance and Notice of Non -Compliance. No newly constructed, installed, altered, repaired, extended or relocated ISTS shall be placed in operation until it has received a certificate of compliance as hereafter provided. Upon completion of the ISTS inspection as described in Section 4-3- 7.6 of this Code, the Building Official and/or City Engineer shall make a determination as to whether or not the ISTS has been constructed, repaired, extended or relocated in compliance with the requirements of this ordinance, Minnesota Rules Chapter 7080 and any permit conditions. If the ISTS is found to be compliant, then a certificate of compliance shall be issued to the property owner within thirty (30) days of inspection. If, however, the ISTS is found to be out of compliance, then a notice of non-compliance shall be issued. The notice of non-compliance shall state which portions of the ISTS are not compliant and shall further state a reasonable period for the property owner to bring the system into compliance. Once the necessary changes are made or the period specified in the notice of non-compliance has run, whichever occurs first, then the ISTS shall be again inspected as provided above. If upon re -inspection, the ISTS is not compliant, then a notice of non-compliance shall be issued to the property owner. The notice of non-compliance shall state why the ISTS is non-compliant. 4-7 Deleted: Inspector Deleted: Inspector Delebed: Inspector l Deleted: Inspector Deleted; A copy of the certificate of non-compliance shall be forwarded to the City Attorney for enforcement as provided in Section 4-3-11 of this Code. D. Inspection Protocol. In the event that the Building Official and/or City Deleted.Inspedor Engineer cannot complete an inspection or perform all required inspections in a timely manner, the Building Official is authorized and directed to develop and (—iekftd:lnspec;lor inspection protocol. The inspection protocol shall establish the order and priority of inspections. For any ISTS required to be inspected for which the Building Official is unable to actually physically inspect the ISTS, the Building Official shallDeretee:lnspedor require that evidence of compliance be submitted. Evidence of compliance Delebed: inspector includes, but is not limited to, the following: 1. Affidavits from the ISTS professional who performed any construction, installation, repair, alteration, or relocation of the ISTS. 2. Video, electronic or photographic images of certain components and/or work performed. 3. "As built' drawings 4. Any other data, as may be required by the Building Official in lieu of an Deleted: Inspector actual inspection, evidencing compliance with this ordinance, Minnesota Rules Chapter 7080 and applicable state law. The Building Official shall review such evidence and issue either a certificate of �e��ted:Inspeaor compliance or notice of non-compliance accordingly. E. No Warranty or Guarantee of Operation. Neither the issuance of an ISTS permit or certificate of compliance, nor any inspection of an ISTS shall constitute any warranty or guarantee that said ISTS will operate or function properly. (Ord. 00-09, June 12, 2000) 4-3-8: NON-COMPLIANT SYSTEMS, FAILING SYSTEMS, AND SYSTEMS POSTING AN IMMINENT THREAT: A. Modification or Discontinuance Required. If upon inspection, an ISTS is found to be a non-compliant system, failing system, or a system posing an imminent threat to the natural environment or the public health, safety and welfare, then the ISTS shall, if possible, either be modified or repaired to comply with this ordinance or its use discontinued within the time periods specified in this subdivision. B. Non -Compliant Systems. A non-compliant system, other than a failing system or system posing an imminent threat, shall be properly repaired or modified or its use discontinued within three (3) years of issuance of a notice of non-compliance 4-8 for said system. However, a certificate of compliance issued under this ordinance for a new system shall be valid for a period of five (5) years, unless said system is subsequently found to be a failing system or a system posing an imminent threat to the natural environment or the public health, safety, and welfare. C. Failing Septic Systems. A `notice of non-compliance" shall be issued and des provided to the property owner and to the City within thirty (30) days after inspection when a failing system is found. A failing ISTS shall be upgraded, replaced, or its use discontinued within the six (6) months of issuance of the lculating month notice of non-compliance. In the months November,ceDecember,Ja aforementioned Maw P andApril shall not be counted. D. ISTS System Posing an Imminent Threat. Any ISTS posing an imminent threat to the natural environment or public health, safety, or welfare shall be upgraded, replaced or repaired, or its use discontinued, within a reasonable period of time, not to exceed three (3) months. In calculating the aforementioned three (3) month period, the months of November, December, January, February, Manch and April shall not be counted. (Ord. 00-09, June 12, 2000) 4-3-9: WARRANTIED, ALTERNATIVE, AND OTHER SYSTEMS; VARIANCES A. Application for Alternative Or Other Systems. Application for approval of a warrantied, alternative, or other system shall be made in the same manner applying for an ISTS permit as provided for in Section 4-3-5 of this Code. B. Review by City Engineer. All applications requesting approval of a warrantied, alternative, or other system shall be forwarded to the City Engineer for a n� determination of eligibility for approval under this ection, Minnesota Rules Chapter 7080 and applicable State law. The City Engineer may require an applicant to submit any additional information as may be required by the City Engineer to determine eligibility for possible approval under this subdivision. If the City Engineer determines, based upon the application materials, that the proposed warrantied, alternative, or other system cannot meet the requirements of Minnesota Rules Chapter 7080 or this ordinance, then such application shall be denied and the City Clerk shall send to notice of such denial to the applicant. C. Requirements for Approval. To be eligible for possible approval, any warrantied, alternative, or other system must meet the requirements of Minnesota Rules 7080.0450, 7080.0172, and 7080.0178 respectively. In addition, the applicant must show that a standard system cannot be property constructed on the subject property and that additional land for a standard system is unavailable. 4-9 D. Approval Process. If the City Engineer determines that a warrantied, alternative, or other system application can meet the requirements of Minnesota Rules Chapter 7080 and this ordinance, then such application shall be forwarded to the City Council for consideration, along with the recommendation of the City Engineer as to whether or not approval should be granted. If a warrantied, alternative, or other system is approved by the Council, then a "non-standard system approval" in a form recommended by the City Attorney and approved by the City Council, shall be signed by the City and the applicant and recorded against the subject property. E. No Right to Approval. Nothing in this subdivision shall be construed to guarantee or create in any applicant a right to approval of a warrantied, alternative, or other system. The City of Otsego reserves the right to deny all requests for approval of warrantied, alternative, or other systems and to prohibit their construction, regardless of whether such systems meet the requirements of Minnesota Rules Chapter 7080 or this ordinance. F. Existing Systems. Any established warrantied alternative or other system Fonnaeted: Indent: Left: 0 legally existing prior to June 12 2000 may be continued in the manner of Hanging: 0.49" operation existing upon such date except as hereinafter specified or ronacted: Font: Bold subsequently amended Any change to such a system shall however, be processed according to this Section Variances. Any variances from the Chapter 7080 must be granted by the Rules part 7080.0030, subpart 3. (Ord. 4-3-10: RECORD KEEPING: standards set forth in Minnesota Rules Commission as provided in Minnesota 00-09, June 12, 2000) A. Required Records. The '•g Official shall keep and maintain records of all Deleted:CRY clerk permit applications, permits issued, inspection data, notices of non-compliance, certificates of compliance, orders, enforcement proceedings and all other documents generated in the administration and enforcement of this ordinance. The storage, maintenance and dissemination of such records shall occur as prescribed by Minnesota Statutes Chapter 13, the Minnesota Government Data Practices Act. B. Reports and Filings. The ,.suidling Officia, shall prepare an annual report, as Deleted: clerk required by Minnesota Rules 7080.310, subpart 5, for submission to the Commissioner demonstrating enforcement of this ordinance. The annual report shall contain information for the calendar year and shall be submitted to the Commissioner no later than March 1st of the following year. At a minimum, the annual report shall contain the following information: A copy of the standard permit and inspection forms used by the City. 4-10 ISTS Professional" means a person who designs, installs, alters, repairs, maintains, pumps, or inspects all or part of an individual sewage treatment system and is required to comply with applicable requirements. `Non -Compliant System' means an ISTS that is a failing system, a system posing and imminent threat or a system that otherwise does not meet the standards set forth in Minnesota Rules, Chapter 7080. A non-compliant system does not include alternative systems, warrantied systems, and other systems, provided such systems are not failing systems and do not pose an imminent threat to the natural environment or the public health, safety, and welfare. 'Notice of Non -Compliance' means a document written and signed by a qualified employee or licensee after a compliance inspection that gives notice that an individual sewage treatment system is not in compliance with as specified under Minnesota Rules 7080.0060. `Other Systems' means systems described in Minnesota Rules 7080.0178 that do not meet the technical standards and criteria and rely on soil treatment and disposal. 'Standard System' means an ISTS that meets the requirements and specifications of Minnesota Rule Chapter 7080 and which is not a wartantied, alternative, or other system. Wanantied System' means an ISTS product or design on the warrantied systems list under Minnesota Rules 7080.0450. Any terms or phrases that appear in this ordinance and which are not specifically defined shall have the meaning given in Minnesota Rules 7080.0020. Any reference in this ordinance to Sections of 7080 refer to Minnesota Rules, Chapter 7080, as the same may be amended from time to time. (Ord. 00-09, June 12, 2000) 4-3,3: GENERAL PROVISIONS: A. Scope and Application. This ordinance shah apply to all existing and future individual sewage treatment systems located within the City of Otsego. B. Standartle Adopted by Reference. The City hereby adopts by reference Minnesota Rules Parts 7080.0010 to 7080.0315, as the same may from time to time be amended, relating to minimum technical standards and criteria for individual sewage treatment systems. Any ISTS constructed and instaNed within the City subsequent to the adoption of this ordinance must comply with these provisions adopted by reference, unless otherwise approved as a warrantied, alternative, or other system pursuant to Section 4-3-9 of this Code. 4-3 3. Upon the expiration of a certificate of compliance. 4. Nothing in this section shall be construed as limiting the City's ability to specially assess, levy a sewer access charge (SAC) or otherwise bill properties served by an ISTS for the availability of municipal sanitary sewer and the public improvements associated therewith. B. Cause for Denial; Condition of Approval. The future availability of municipal sewer, in the City's sole discretion, may be cause for denial of an ISTS permit. The issuance of an ISTS permit may be conditioned upon the applicant connecting to municipal sewer when it becomes available. Connection to municipal sewer when available may be an explicit condition contained in and imposed on any ISTS permit prior to its approval. (Ord. 00-09, June 12, 2000) 43-13: REPEALER: Ordinance No. 99-4, Ordinance No. 92-27, Ordinance No. 91-24 of the City of Otsego related to individual sewage treatment systems are hereby specifically repealed in their entirety. (Ord. 00-09, June 12, 2000) 4344: SEVERABILITY: Should any subdivision, section, paragraph, provision, sentence or lesser portion of this ordnance be found invalid by a court of competent jurisdiction, then such invalid portion shall be severed from this ordinance and all remaining subdivisions, sections, paragraphs, provisions, and sentences contained in this ordinance shall remain in full force and effect. (Ord. 00-09, June 12, 2000) 4-12 ORDINANCE NO.: 2008-02 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING ADMINSTRATIVE PROVISONS FOR REGULATION OF INDIVIDUAL SEWAGE TREATMENT SYSTEMS THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Chapter 4, Section 3 of the Otsego City Code is hereby amended to include the following provisions: SECTION 3 INDIVIDUAL SEWAGE TREATMENT SYSTEMS Section: 4-3-1 Purpose and Intent 4-3-2 Definitions 4-3-3 General Provisions 4-3-4 Administration 4-3-5 Permit Application Requirements and Procedures 4-3-6 Permit Approval Procedures 4-3-7 Inspections 4-3-8 Non -Compliant Systems; Failing Systems; and Systems Posing an Imminent Threat 4-3-9 Warrantied, Alternative, and Other Systems; Variances 4-3-10 Record Keeping 4-3-11 Enforcement 4-3-12 Connection to Municipal Sewer 4-3-13 Repealer 4-3-14 Severability 4-3-1: PURPOSE AND INTENT: The purpose of this section is to provide minimum standards for and regulation of individual sewage treatment systems (ISTS) and septage disposal including the proper location, design, construction, operation, maintenance, and repair to protect surface water and ground water from contamination by human sewage and waterborne household and commercial waste; to protect the public's health and safety; to protect the natural environment; and to eliminate or prevent the development of public nuisances. This ordinance is adopted pursuant to the authority granted under Minnesota Statutes Chapters 115 and 145A and Minnesota Rules Chapter 7080, pertaining to individual sewage treatment systems, as the same may from time to tome be amended. (Ord. 2008-03, January 28, 2008) 4-3-2: DEFINITIONS: For purposes of this ordinance, the following capitalized and italicized terms and phrases, wherever they appear, have the meanings indicated: Alternative System' means an ISTS employing the methods and devices presented in Minnesota Rules 7080.0172, or as designated by the Commission in Minnesota Rules 7080. 0400, subpart 2. `Building Official' means the person employed as the Building Official of the City of Otsego or their designee. 'Certificate of Compliance' means a document written after a compliance inspection, certifying that an ISTS is in compliance with the applicable requirements at the time of inspection. 'City' refers to the City of Otsego, a municipal corporation duly organized under the law of the State of Minnesota. 'City Engineer' means the firm or individual designated by the City Council as the City Engineer for the City of Otsego. 'Commissioner' refers to the Commissioner of the Minnesota Pollution Control Agency. 'Failing System' means a seepage pit, cesspool, drywell, leaching pit, other pit, a tank that obviously leaks below the designated operating depth, or any system with less than the required vertical separation as described in Minnesota Rules 7080.0060, subpart 3. 'Imminent Threat' means situations with the potential to immediately and adversely impact or threaten public safety or health. At a minimum, ground surface or surface water discharges and any system causing sewage backup into a dwelling or other establishment shall constitute an imminent threat. 7STS'stands for Individual Sewage Treatment System. 'Individual Sewage Treatment System' means a sewage treatment system, or part thereof, serving a dwelling, or other establishment, or group thereof, and using sewage tanks followed by soil treatment and disposal or using advanced treatment devices that discharge below final grade. Individual sewage treatment system includes holding tanks and privies. 7STS Permit' refers to a permit required by and issued pursuant to this ordinance for the construction, installation, repair, alteration, relocation, maintenance or pumping of an ISTS. N ISTS Professional" means a person who designs, installs, alters, repairs, maintains, pumps, or inspects all or part of an individual sewage treatment system and is required to comply with applicable requirements. `Non -Compliant System' means an ISTS that is a failing system, a system posing and imminent threat or a system that otherwise does not meet the standards set forth in Minnesota Rules, Chapter 7080. A non-compliant system does not include alternative systems, warrantied systems, and other systems, provided such systems are not failing systems and do not pose an imminent threat to the natural environment or the public health, safety, and welfare. `Notice of Non -Compliance' means a document written and signed by a qualified employee or licensee after a compliance inspection that gives notice that an individual sewage treatment system is not in compliance with as specified under Minnesota Rules 7080.0060. 'Other Systems' means systems described in Minnesota Rules 7080.0178 that do not meet the technical standards and criteria and rely on soil treatment and disposal. 'Standard System' means an ISTS that meets the requirements and specifications of Minnesota Rule Chapter 7080 and which is not a warrantied, alternative, or other system. Warrantied System' means an ISTS product or design on the warrantied systems list under Minnesota Rules 7080.0450. Any terms or phrases that appear in this ordinance and which are not specifically defined shall have the meaning given in Minnesota Rules 7080.0020. Any reference in this ordinance to Sections of 7080 refer to Minnesota Rules, Chapter 7080, as the same may be amended from time to time. (Ord. 2008-03, January 28, 2008) 4-3-3: GENERAL PROVISIONS: A. Scope and Application. This ordinance shall apply to all existing and future individual sewage treatment systems located within the City of Otsego. B. Standards Adopted by Reference. The City hereby adopts by reference Minnesota Rules Parts 7080.0010 to 7080.0315, as the same may from time to time be amended, relating to minimum technical standards and criteria for individual sewage treatment systems. Any ISTS constructed and installed within the City subsequent to the adoption of this ordinance must comply with these 3 provisions adopted by reference, unless otherwise approved as a warrantied, alternative, or other system pursuant to Section 4-3-9 of this Code. C. Permits Required. No person shall construct, install, alter, repair, extend, relocate or pump any individual sewage treatment system in the City of Otsego without first applying for and obtaining a permit as provided in Section 4-3-5 of this Code. D. License Requirements. No person shall engage in the evaluation, inspection, design, installation, construction, alteration, extension, repair, maintenance or pumping of an individual sewage treatment system without first obtaining a license to perform such tasks from the Commission as required by Minnesota Rules 7080.0700 through 7080.0720. E. Additional Soil Treatment Area Required. For all lots created after January 23, 1996, and the ISTS system shall identify and designate at least one (1) alternative soil treatment area, in addition to the primary soil treatment area, which can support a standard soil treatment system. (Ord. 2008-03, January 28, 2008) 4-3-4: ADMINISTRATION: A. Ordinance Administration. The Building Offical and City Engineer shall be responsible for the administration of this Section. B. Duties of the Clerk. The Building Official shall be responsible for the administration and issuance of orders, permits and notices required by this ordinance and is authorized and directed to cooperate with local and state officials and personnel in the enforcement of this ordinance, Minnesota Rules Chapter 7080 and applicable state laws. C. Duties of the Building Official. The Building Official shall be responsible for site and system inspections, compliance determinations, investigation of failing systems and permit review and any other duties necessary to ensure compliance with the provisions of this ordinance, Minnesota Rules Chapter 7080 and applicable state law.. The Building Official shall be properly licensed by the MPCA to conduct the foregoing duties as required by Minnesota Rules Chapter 7080, as the same may from time to time be amended. D. City Engineer Duties. The City Engineer shall be responsible for review and system design analysis on all warrantied, alternative, or other systems approved under Section 4-3-9 of this Code. (Ord. 2008-03, January 28, 2008) 4-3-5: PERMIT APPLICATION REQUIREMENTS AND PROCEDURES: 4 A. Application Information. Each permit application required by Section 4-3-3.0 above shall be presented as follows and contain all of the following information: B. Application Form. Applications for permits shall be made on forms approved and furnished by the City. The applicant must be signed by the applicant and shall be submitted to the Building Official. C. Legal Description, Name and License Data of ISTS Professional. Each permit application shall contain the legal description of the property for which the permit is requested. The application shall also disclose the name of the ISTS professional who will perform the work for which the permit is required and provide all license data required by Minnesota Rules 7080.0700 through 7080.0720. D. Site Plan. Each permit application shall be accompanied by a site plan, prepared by an ISTS professional or professional land surveyor, showing the following, unless such requirements are specifically waived, in whole or in part, in writing by the Building Official: The location of any proposed or existing building on the subject property. 2. The boundary lines of the subject property. 3. The location of water supply facilities. 4. The location and ordinary high water mark or any streams, ponds, or lakes located on or within one hundred fifty (150) feet of the subject property. 5. That the proposed ISTS meets all setbacks as required by Minnesota Rules Chapter 7080. 6. Topographic contours at two (2) foot intervals. Topographic contours and elevations shall be drawn to scale on the site plan using common engineer's scale. 7. The location of any ISTS or wells on adjoining lots within one hundred fifty (150) feet of the subject property. 8. Each site plan shall be accompanied by a certificate of accuracy from the ISTS professional or land surveyor who prepared the site plan. E. System Design Data. Each permit application shall include a complete design plan showing the size and location of all parts of the ISTS and provide a design certification from a licensed ISTS professional as to the adequacy and location of the ISTS in relation to the requirements imposed by 7080. 5 F. Other Data. Each permit application shall contain any and all additional information, as may be required by the City, necessary to show that the conditions of 7080 will be met. (Ord. 2008-03, January 28, 2008) 4-3-6: PERMIT APPROVAL PROCEDURES: A. Permits. Permits shall be approved or denied as hereinafter provided in this subdivision. B. Permit Fees. The amount of fees to be collected at the time of application for permits required by this Section shall be established in Section 2-4-2 of the City Code. C. Submission of Application. Permit applications shall be submitted to the Building Official along with the permit fee. The Building Official shall, within fifteen (15) days, determine whether a submitted application is complete. Incomplete applications shall be rejected and returned to be applicant along with a written explanation as to why the application has been rejected. D. Technical Review. Once a complete application is received, the Building Official shall review the application to determine whether it meets the requirements and standards of this ordinance and of Minnesota Rules Chapter 7080. The City Engineer shall be responsible for review and system design analysis on all warrantied, alternative, or other systems approved under Section 4-3-9 of this Code. The Building Official may, at their discretion, submit all other permit applications to the City Engineer for review, comment, and/or a determination as to whether the application meets the requirements of this ordinance and Minnesota Rule Chapter 7080. E. Approval by Building Official. Once a determination is made that the application meets all applicable requirements, the Building Official shall issue the ISTS permit. The Building Official and/or City Engineer may impose any and all conditions to ensure compliance with the requirements of State law, Minnesota Rule Chapter 7080 and applicable local ordinance. If it is determined that the application does not meet the requirements of this ordinance or Minnesota Rules Chapter 7080, then the Building Official shall give notice to the applicant that the application has been rejected and state the reasons for such rejection. (Ord. 2008-03, January 28, 2008) 4-3-7: INSPECTIONS: E. A. General Inspection Requirements. The Building Official and/or City Engineer shall make such ISTS inspections as are necessary to determine compliance with this ordinance, Minnesota Rules Chapter 7080 and/or any conditions contained in permits issued hereunder. The following events shall trigger an ISTS compliance inspection: 1. A permit is granted under Section 4-3-6.E of this Code. 2. A building permit or variance is granted for new construction or the addition of a bedroom or bathroom on property served by an ISTS. 3. For all new ISTS construction, or any ISTS replacement, repair, alteration, maintenance, or operation. 4. Granting of request for change in system design or change in permit conditions. 5. The City learns or receives a complaint that a particular ISTS may be a failing system or poses an imminent threat to public health, safety, and welfare. B. Time and Manner of Inspection. Inspections shall be made by the Building Official and/or City Engineer to ensure compliance with the requirements of this ordinance, Minnesota Rules Chapter 7080 and any permit conditions. Inspections shall be made within seven (7) days of written notification by any ISTS, permit holder that the ISTS for which the permit was issued is ready for inspection. No part of the ISTS shall be covered until it has been inspected and accepted by the Building Official and/or the City Engineer. It shall be the responsibility of the permit applicant to notify the Building Offiical in writing that the project is ready for inspection. Inspections shall be made prior to the issuance of a building permit or variance for new construction or the addition of a bathroom or bedroom on property served by an ISTS. C. Certificate of Compliance and Notice of Non -Compliance. No newly constructed, installed, altered, repaired, extended or relocated ISTS shall be placed in operation until it has received a certificate of compliance as hereafter provided. Upon completion of the ISTS inspection as described in Section 4-3- 7.6 of this Code, the Building Official and/or City Engineer shall make a determination as to whether or not the ISTS has been constructed, repaired, extended or relocated in compliance with the requirements of this ordinance, Minnesota Rules Chapter 7080 and any permit conditions. If the ISTS is found to be compliant, then a certificate of compliance shall be issued to the property owner within thirty (30) days of inspection. If, however, the ISTS is found to be out of compliance, then a notice of non-compliance shall be issued. The notice of non-compliance shall state which portions of the ISTS, are not compliant and shall further state a reasonable period for the property owner to bring the system 7 into compliance. Once the necessary changes are made or the period specified in the notice of non-compliance has run, whichever occurs first, then the ISTS shall be again inspected as provided above. If upon re -inspection, the ISTS is not compliant, then a notice of non-compliance shall be issued to the property owner. The notice of non-compliance shall state why the ISTS is non-compliant. A copy of the certificate of non-compliance shall be forwarded to the City Attorney for enforcement as provided in Section 4-3-11 of this Code. D. Inspection Protocol. In the event that the Building Official and/or City Engineer cannot complete an inspection or perform all required inspections in a timely manner, the Building Official is authorized and directed to develop and inspection protocol. The inspection protocol shall establish the order and priority of inspections. For any ISTS required to be inspected for which the Building Official is unable to actually physically inspect the ISTS, the Building Official shall require that evidence of compliance be submitted. Evidence of compliance includes, but is not limited to, the following: Affidavits from the ISTS professional who performed any construction, installation, repair, alteration, or relocation of the ISTS. 2. Video, electronic or photographic images of certain components and/or work performed. 3. "As built' drawings. 4. Any other data, as may be required by the Building Official in lieu of an actual inspection, evidencing compliance with this ordinance, Minnesota Rules Chapter 7080 and applicable state law. The Building Official shall review such evidence and issue either a certificate of compliance or notice of non-compliance accordingly. E. No Warranty or Guarantee of Operation. Neither the issuance of an ISTS permit or certificate of compliance, nor any inspection of an ISTS shall constitute any warranty or guarantee that said ISTS will operate or function property. (Ord. 2008-03, January 28, 2008) 4-3-8: NON-COMPLIANT SYSTEMS, FAILING SYSTEMS, AND SYSTEMS POSTING AN IMMINENT THREAT: A. Modification or Discontinuance Required. If upon inspection, an ISTS is found to be a non-compliant system, failing system, or a system posing an imminent threat to the natural environment or the public health, safety and welfare, then the ISTS shall, if possible, either be modified or repaired to comply with this ordinance or its use discontinued within the time periods specified in this subdivision. B. Non -Compliant Systems. A non-compliant system, other than a failing system or system posing an imminent threat, shall be properly repaired or modified or its use discontinued within three (3) years of issuance of a notice of non-compliance for said system. However, a certificate of compliance issued under this ordinance for a new system shall be valid for a period of five (5) years, unless said system is subsequently found to be a failing system or a system posing an imminent threat to the natural environment or the public health, safety, and welfare. C. Failing Septic Systems. A "notice of non-compliance" shall be issued and copies provided to the property owner and to the City within thirty (30) days after inspection when a failing system is found. A failing ISTS shall be upgraded, replaced, or its use discontinued within the six (6) months of issuance of the notice of non-compliance. In calculating the aforementioned six (6) month period, the months of November, December, January, February, March and April shall not be counted. D. ISTS System Posing an Imminent Threat. Any ISTS posing an imminent threat to the natural environment or public health, safety, or welfare shall be upgraded, replaced or repaired, or its use discontinued, within a reasonable period of time, not to exceed three (3) months. In calculating the aforementioned three (3) month period, the months of November, December, January, February, March and April shall not be counted. (Ord. 2008-03, January 28, 2008) 4-3-9: WARRANTIED, ALTERNATIVE, AND OTHER SYSTEMS; VARIANCES A. Application for Alternative or Other Systems. Application for approval of a warrantied, alternative, or other system shall be made in the same manner applying for an ISTS permit as provided for in Section 4-3-5 of this Code. B. Review by City Engineer. All applications requesting approval of a warrantied, alternative, or other system shall be forwarded to the City Engineer for a determination of eligibility for approval under this Section, Minnesota Rules Chapter 7080 and applicable State law. The City Engineer may require an applicant to submit any additional information as may be required by the City Engineer to determine eligibility for possible approval under this subdivision. If the City Engineer determines, based upon the application materials, that the proposed warrantied, alternative, or other system cannot meet the requirements of Minnesota Rules Chapter 7080 or this ordinance, then such application shall be denied and the City Clerk shall send to notice of such denial to the applicant. 9 C. Requirements for Approval. To be eligible for possible approval, any warrantied, alternative, or other system must meet the requirements of Minnesota Rules 7080.0450, 7080.0172, and 7080.0178 respectively. In addition, the applicant must show that a standard system cannot be properly constructed on the subject property and that additional land for a standard system is unavailable. D. Approval Process. If the City Engineer determines that a warrantied, alternative, or other system application can meet the requirements of Minnesota Rules Chapter 7080 and this ordinance, then such application shall be forwarded to the City Council for consideration, along with the recommendation of the City Engineer as to whether or not approval should be granted. If a warrantied, alternative, or other system is approved by the Council, then a "non-standard system approval' in a form recommended by the City Attorney and approved by the City Council, shall be signed by the City and the applicant and recorded against the subject property. E. No Right to Approval. Nothing in this subdivision shall be construed to guarantee or create in any applicant a right to approval of a warrantied, alternative, or other system. The City of Otsego reserves the right to deny all requests for approval of warrantied, alternative, or other systems and to prohibit their construction, regardless of whether such systems meet the requirements of Minnesota Rules Chapter 7080 or this ordinance. F. Existing Systems. Any established warrantied, alternative or other system legally existing prior to June 12, 2000 may be continued in the manner of operation existing upon such date except as hereinafter specified or subsequently amended. Any change to such a system shall, however, be processed according to this Section. G. Variances. Any variances from the standards set forth in Minnesota Rules Chapter 7080 must be granted by the Commission as provided in Minnesota Rules part 7080.0030, subpart 3. (Ord. 2008-03, January 28, 2008) 4-3-10: RECORD KEEPING: A. Required Records. The Building Official shall keep and maintain records of all permit applications, permits issued, inspection data, notices of non-compliance, certificates of compliance, orders, enforcement proceedings and all other documents generated in the administration and enforcement of this ordinance. The storage, maintenance and dissemination of such records shall occur as prescribed by Minnesota Statutes Chapter 13, the Minnesota Government Data Practices Act. B. Reports and Filings. The Buidling Official shall prepare an annual report, as required by Minnesota Rules 7080.310, subpart 5, for submission to the 10 Commissioner demonstrating enforcement of this ordinance. The annual report shall contain information for the calendar year and shall be submitted to the Commissioner no later than March 1st of the following year. At a minimum, the annual report shall contain the following information: 1. A copy of the standard permit and inspection forms used by the City. 2. The name and address of the program administrator. 3. A listing of all qualified employees and contracted licensees authorized by the City to perform ISTS inspections and evaluations as required by this ordinance. 4. The number of ISTS permits issued. 5. The number and methods of inspections conducted. 6. The number and type of variance issued. 7. The number and type of alternative or experimental systems approved, as well as the monitoring results of each. (Ord. 2008-03, January 28, 2008) 4-3-11: ENFORCEMENT: A. Violations. Any person who violates any of the provisions of this ordinance, fails to obtain any required permits, or who makes any false statement on a permit application or certificate of compliance, shall be guilty of a misdemeanor. Any offense committed under this ordinance shall be punishable by up to the maximum imprisonment and/or a fine allowed by law for a misdemeanor offense. B. Remedies. In the event of a violation of this ordinance, in addition to any other remedies available to the City, the City Attorney may institute appropriate administrative, civil and/or criminal actions or proceedings, including seeking an injunction, to prevent, restrain, correct or abate such ordinance violations. In addition, the City may issue stop work orders and repair orders at such times and upon such terms and conditions as are necessary to prevent violations of this ordinance from occurring or to eliminate existing ordinance violations. (Ord. 2008-03, January 28, 2008) 4-3-12: CONNECTION TO MUNICIPAL SEWER: A. Connection to Municipal Sewer; When Required. When municipal sanitary sewer is available as defined by City policy, a property is served by an ISTS shall 11 be required to discontinue such use and connect to municipal sewer upon the first occurrence of any of the following events: 1. Upon application for an ISTS permit. 2. When a notice of non-compliance is issued in relation to the ISTS serving the property. 3. Upon the expiration of a certificate of compliance. 4. Nothing in this section shall be construed as limiting the City's ability to specially assess, levy a sewer access charge (SAC) or otherwise bill properties served by an ISTS for the availability of municipal sanitary sewer and the public improvements associated therewith. B. Cause for Denial; Condition of Approval. The future availability of municipal sewer, in the City's sole discretion, may be cause for denial of an ISTS permit. The issuance of an ISTS permit may be conditioned upon the applicant connecting to municipal sewer when it becomes available. Connection to municipal sewer when available may be an explicit condition contained in and imposed on any ISTS permit prior to its approval. (Ord. 2008-03, January 28, 2008) 4-3-13: REPEALER: Ordinance No. 99-4, Ordinance No. 92-27, Ordinance No. 91-24 of the City of Otsego related to individual sewage treatment systems are hereby specifically repealed in their entirety. (Ord. 2008-03, January 28, 2008) 4-3-14: SEVERABILITY: Should any subdivision, section, paragraph, provision, sentence or lesser portion of this ordnance be found invalid by a court of competent jurisdiction, then such invalid portion shall be severed from this ordinance and all remaining subdivisions, sections, paragraphs, provisions, and sentences contained in this ordinance shall remain in full force and effect. (Ord. 2008-03, January 28, 2008) Section 2. This Ordinance shall become effective immediately upon its passage and publication according to law. MOTION BY: SECOND BY: ALL IN FAVOR: 12 THOSE OPPOSED: ADOPTED by the Otsego City Council this 28th day of January, 2008. CITY OF OTSEGO M Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk 13 ORDINANCE NO.: 2008-02 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING ADMINSTRATIVE PROVISONS FOR REGULATION OF INDIVIDUAL SEWAGE TREATMENT SYSTEMS THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Chapter 4, Section 3 of the Otsego City Code is hereby amended to include the following provisions: SECTION 3 INDIVIDUAL SEWAGETREATMENT SYSTEMS Section: 4-3-1 Purpose and Intent 4-3-2 Definitions 4-3-3 General Provisions 4-3-4 Administration 4-3-5 Permit Application Requirements and Procedures 4-3-6 Permit Approval Procedures 4-3-7 Inspections 4-3-8 Non -Compliant Systems; Failing Systems; and Systems Posing an Imminent Threat 4-3-9 Warrantied, Alternative, and Other Systems; Variances 4-3-10 Record Keeping 4-3-11 Enforcement 4-3-12 Connection to Municipal Sewer 4-3-13 Repealer 4-3-14 Severability 4-3-1: PURPOSE AND INTENT: The purpose of This section is to provide minimum standards for and regulation of individual sewage treatment systems (ISTS) and septage disposal including the proper location, design, construction, operation, maintenance, and repair to protect surface water and ground water from contamination by human sewage and waterborne household and commercial waste; to protect the public's health and safety; to protect the natural .environment; and to eliminate or prevent the development of public nuisances. This ordinance is adopted pursuant to the authority granted under Minnesota Statutes Chapters 115 and 145A and Minnesota Deleted: AND WASTEWATER Deleted: the Sewage and Wastewater TreatrneM OrcJinance Rules Chapter 7080, pertaining to individual sewage treatment systems, as the same may from time to tome be amended. (Ord. 00-09, June 12, 2000) 4-3-2: DEFINITIONS: For purposes of this ordinance, the following capitalized and italicized terms and phrases, wherever they appear, have the meanings indicated: 'Alternative System' means an ISTS employing the methods and devices presented in Minnesota Rules 7080.0172, or as designated by the Commission in Minnesota Rules 7080. 0400, subpart 2. `Building Official' means the person employed as the Building Official of the City of Otsego or their designee. 'Certificate of Compliance' means a document written after a compliance inspection, certifying that an ISTS is in compliance with the applicable requirements at the time of inspection. 'City' refers to the City of Otsego, a municipal corporation duly organized under the law of the State of Minnesota. :City Engineer' means the firm or individual designated by the Citv Council as the City Engineer for the City of Otsego. 'Commissioner'refers to the Commissioner of the Minnesota Pollution Control Agency. 'Failing System' means a seepage pit, cesspool, drywell, leaching pit, other pit, a tank that obviously leaks below the designated operating depth, or any system with less than the required vertical separation as described in Minnesota Rules 7080.0060, subpart 3. 'Imminent Threat' means situations with the potential to immediately and adversely impact or threaten public safety or health. At a minimum, ground surface or surface water discharges and any system causing sewage backup into a dwelling or other establishment shall constitute an imminent threat. 'ISTS'stands for Individual Sewage Treatment System. 'Individual Sewage Treatment System' means a sewage treatment system, or part thereof, serving a dwelling, or other establishment, or group thereof, and using sewage tanks followed by soil treatment and disposal or using advanced treatment devices that discharge below final grade. Individual sewage treatment system includes holding tanks and privies. 'ISTS Permit' refers to a permit required by and issued pursuant to this ordinance for the construction, installation, repair, alteration, relocation, maintenance or pumping of an ISTS. Deleted: sewage and wastewater treatment Formatted: Front: Italic Formatted: Font: Italic ISTS Professional" means a person who designs, installs, alters, repairs, maintains, pumps, or inspects all or part of an individual sewage treatment system and is required to comply with applicable requirements. 'Non -Compliant System' means an ISTS that is a failing system, a system posing and imminent threat or a system that otherwise does not meet the standards set forth in Minnesota Rules, Chapter 7080. A non-compliant system does not include alternative systems, warrantied systems, and other systems, provided such systems are not failing systems and do not pose an imminent threat to the natural environment or the public health, safety, and welfare. 'Notice of Non -Compliance' means a document written and signed by a qualified employee or licensee after a compliance inspection that gives notice that an individual sewage treatment system is not in compliance with as specified under Minnesota Rules 7080.0060. `Other Systems' means systems described in Minnesota Rules 7080.0178 that do not meet the technical standards and criteria and rely on soil treatment and disposal. 'Standard System' means an ISTS that meets the requirements and specifications of Minnesota Rule Chapter 7080 and which is not a warrantied, alternative, or other system. Warrantied System' means an ISTS product or design on the warrantied systems list under Minnesota Rules 7080.0450. Any terms or phrases that appear in this ordinance and which are not specifically defined shall have the meaning given in Minnesota Rules 7080.0020. Any reference in this ordinance to Sections of 7080 refer to Minnesota Rules, Chapter 7080, as the same may be amended from time to time. (Ord. 00-09, June 12, 2000) 4-3-3: GENERAL PROVISIONS: A. Scope and Application. This ordinance shall apply to all existing and future individual sewage treatment systems located within the City of Otsego. B. Standards Adopted by Reference. The City hereby adopts by reference Minnesota Rules Parts 7080.0010 to 7080.0315, as the same may from time to time be amended, relating to minimum technical standards and criteria for individual sewage treatment systems. Any ISTS constructed and installed within the City subsequent to the adoption of this ordinance must comply with these provisions adopted by reference, unless otherwise approved as a warrantied, alternative, or other system pursuant to Section 4-3-9 of this Code. C. Permits Required. No person shall construct, install, alter, repair, extend, relocate or pump any individual sewage treatment system in the City of Otsego without first applying for and obtaining a permit as provided in Section 4-3-5 of this Code. D. License Requirements. No person shall engage in the evaluation, inspection, design, installation, construction, alteration, extension, repair, maintenance or pumping of an individual sewage treatment system without first obtaining a license to perform such tasks from the Commission as required by Minnesota Rules 7080.0700 through 7080.0720. E. Additional Soil Treatment Area Required. For all lots created after January 23, 1996, and the ISTS system shall identify and designate at least one (1) alternative soil treatment area, in addition to the primary soil treatment area, which can support a standard soil treatment system. (Ord. 00-09, June 12, 2000) 4-3-4: ADMINISTRATION: A. Ordinance Administration. The Building Offica and City Engineer shall be responsible for the administration of this -Section. B. Duties of the Clerk. The Buildinci Official shall be responsible for the administration and issuance of orders, permits and notices required by this ordinance, and is authorized and directed to cooperate with local and state officials and personnel in the enforcement of this ordinance, Minnesota Rules Chapter 7080 and applicable state laws. C. Duties of the Building -Offical. The Building _Offical shall be responsible for site and system inspections, compliance determinations, investigation of failing systems and permit review and any other duties necessary to ensure compliance with the provisions of this ordinance, Minnesota Rules Chapter 7080 and applicable state law. The Building Offical shall be properly licensed by the MPCA to conduct the foregoing duties as required by Minnesota Rules Chapter 7080, as the same may from time to time be amended. D. City Engineer Duties. The City Engineer shall be responsible for review and system design analysis on all warrantied, alternative, or other systems approved under Section 4-3-9 of this Code. (Ord. 00-09, June 12, 2000) 4-3-5: PERMIT APPLICATION REQUIREMENTS AND PROCEDURES: A. Application Information. Each permit application required by Section 4-3-3.0 above shall be presented as follows and contain all of the following information: Deleted: city Clerk, Deleted: Inspector Delated: Deleted: ordinance Deleted: city clerk Deleted:. The Clerk Deleted: Inspector Deleted:lnspector Deleted: Inspector B. Application Form. Applications for permits shall be made on forms approved and furnished by the City. The applicant must be signed by the applicant and shall be submitted to theBuidling Official. Deleted: cnyClerk C. Legal Description, Name and License Data of ISTS Professional. Each permit application shall contain the legal description of the property for which the permit is requested. The application shall also disclose the name of the ISTS professional who will perform the work for which the permit is required and provide all license data required by Minnesota Rules 7080.0700 through 7080.0720. D. Site Plan. Each permit application shall be accompanied by a site plan, prepared by an ISTS professional or professional land surveyor, showing the following, unless such requirements are specifically waived, in whole or in part, in writing by the Building Official: Dem: CKYS Deleted: Inspector 1. The location of any proposed or existing building on the subject property. 2. The boundary lines of the subject property. 3. The location of water supply facilities. 4. The location and ordinary high water mark or any streams, ponds, or lakes located on or within one hundred fifty (150) feet of the subject property. 5. That the proposed ISTS meets all setbacks as required by Minnesota Rules Chapter 7080. 6. Topographic contours at two (2) foot intervals. Topographic contours and elevations shall be drawn to scale on the site plan using common engineer's scale. 7. The location of any ISTS or wells on adjoining lots within one hundred fifty (150) feet of the subject property. 8. Each site plan shall be accompanied by a certificate of accuracy from the ISTS professional or land surveyor who prepared the site plan. E. System Design Data. Each permit application shall include a complete design plan showing the size and location of all parts of the ISTS and provide a design certification from a licensed ISTS professional as to the adequacy and location of the ISTS in relation to the requirements imposed by 7080. F. Other Data. Each permit application shall contain any and all additional information, as may be required by the City, necessary to show that the conditions of 7080 will be met. (Ord. 00-09, June 12, 2000) 4-3-6: PERMIT APPROVAL PROCEDURES: A. Permits. Permits shall be approved or denied as hereinafter provided in this subdivision. B. Permit Fees. The amount of fees to be collected at the time of application for Deleted: The City Council shall, by permits required by this .Section shall be established in Section 2-4-2 of the City resolution, sett Code. Deleted: ordinance C. Submission of Application. Permit applications shall be submitted to the Building Official along with the permit fee. The Building Official shall, within Deleted: City Clerk, -fifteen (15) days, determine whether a submitted application is complete. Deleted: The Clerk shall forward all Incomplete applications shall be rejected and returned to be applicant along with applications to the Building Inspector. a written explanation as to why the application has been rejected. Deleted: inspector Deleted: flue (5) D. Technical Review. Once a complete application is received, the Building Official shall review the application to determine whether it meets the Deleted: inspector requirements and standards of this ordinance and of Minnesota Rules Chapter 7080. The City Enaineer shall be responsible for review and system design analysis on all warrantied, alternative, or other systems approved under Section 4-3-9 of this Code. The Building Official may, at their discretion, submit all other Deleted: Inspector permit applications to the City Engineer for review, comment, and/or a Deleted: , in his or her sole determination as to whether the application meets the requirements of this Deleted: the ordinance and Minnesota Rule Chapter 7080. E. Approval by Building -Official, Once a determination is made that the Deh tad: Inspector application meets all applicable requirements, )he Building Official shall issue the Deleted: ISTS permit. The Building Official and/or City Engineer may impose any and all Deleted: men conditions to ensure compliance with the requirements of State law, Minnesota Deleted: application shall be Rule Chapter 7080 and applicable local ordinance. If it is determined that the returned to the City Clerk who application does not meet the requirements of this ordinance or Minnesota Rules Deleted: Inspector Chapter 7080, then the Building Official shall give notice to the applicant that the leted: Clerk application has been rejected and state the reasons for such rejection, 10rd. 00- [Deleted:as provided by me Building 09, June 12, 2000) pector and/or City Engineer Deleted: The decision to approve or deny the application permit should 4-3-7: INSPECTIONS: occur ildingIInspecntor's)receiptofa complete application. Failure to A. Eric General Inspection Requirements. The Building ,Official and/or City En approve an application within ten (10) days shall not be construed as an shall make such ISTS inspections as are necessary to determine compliance approng an ISTSt atwl or ouldni be ISTS that would not be approved ioved with this ordinance, Minnesota Rules Chapter 7080 and/or any conditions under this ordinance, Chapter 7080 or contained in permits issued hereunder. The following events shall trigger an other applicable Is ISTS compliance inspection: Deleted: inspector 1. A permit is granted under Section 4-3-6.E of this Code. 2. A building permit or variance is granted for new construction or the addition of a bedroom or bathroom on property served by an ISTS. 3. For all new ISTS construction, or any ISTS replacement, repair, alteration, maintenance, or operation. 4. Granting of request for change in system design or change in permit conditions. 5. The City learns or receives a complaint that a particular ISTS may be a failing system or poses an imminent threat to public health, safety, and welfare. B. Time and Manner of Inspection. Inspections shall be made by the Building Official and/or City Engineer to ensure compliance with the requirements of this ordinance, Minnesota Rules Chapter 7080 and any permit conditions. Inspections shall be made within seven (7) days of written notification by any ISTS permit holder that the ISTS for which the permit was issued is ready for inspection. No part of the ISTS shall be covered until it has been inspected and accepted by the Building SWicial and/or the City Engineer. It shall be the responsibility of the permit applicant to notify the Building Offiical in writing that the project is ready for inspection. Inspections shall be made prior to the issuance of a building permit or variance for new construction or the addition of a bathroom or bedroom on property served by an ISTS. C. Certificate of Compliance and Notice of Non -Compliance. No newly constructed, installed, altered, repaired, extended or relocated ISTS shall be placed in operation until it has received a certificate of compliance as hereafter provided. Upon completion of the ISTS inspection as described in Section 4-3-- 7.13 of this Code, the Building Official and/or City Engineer shall make a determination as to whether or not the ISTS has been constructed, repaired, extended or relocated in compliance with the requirements of this ordinance, Minnesota Rules Chapter 7080 and any permit conditions. If the ISTS is found to be compliant, then a certificate of compliance shall be issued to the property owner within thirty (30) days of inspection. Jf, however, the ISTS is found to be out of compliance, then a notice of non-compliance shall be issued. The notice of non-compliance shall state which portions of the ISTS are not compliant and shall further state a reasonable period for the property owner to bring the system into compliance. Once the necessary changes are made or the period specified in the notice of non-compliance has run, whichever occurs first, then the ISTS shall be again inspected as provided above. If upon re -inspection, the ISTS is not compliant, then a notice of non-compliance shall be issued to the property owner. The notice of non-compliance shall state why the ISTS is non-compliant. Deleted: Inspector Deleted: Inspector Deleted: Inspector Deleted: Inspector Deleted: A copy of the certificate of non-compliance shall be forwarded to the City Attorney for enforcement as provided in Section 4-3-11 of. this Code. D. Inspection Protocol. In the event that the Building ,Official and/or City Engineer cannot complete an inspection or perform all required inspections in a timely manner, the Building Official is authorized and directed to develop and inspection protocol. The inspection protocol shall establish the order and priority of inspections. For any ISTS required to be inspected for which the Building Official is unable to actually physically inspect the ISTS, the Building Official shall require that evidence of compliance be submitted. Evidence of compliance includes, but is not limited to, the following: 1. Affidavits from the ISTS professional who performed any construction, installation, repair, alteration, or relocation of the ISTS. 2. Video, electronic or photographic images of certain components and/or work performed. 3. "As built" drawings. 4. Any other data, as may be required by the Building Official in lieu of an actual inspection, evidencing compliance with this ordinance, Minnesota Rules Chapter 7080 and applicable state law. The Building Pfficial shall review such evidence and issue either a certificate of compliance or notice of non-compliance accordingly. E. No Warranty or Guarantee of Operation. Neither the issuance of an ISTS permit or certificate of compliance, nor any inspection of an ISTS shall constitute any warranty or guarantee that said ISTS will operate or function properly. (Ord. 00-09, June 12, 2000) 4-3-8: NON-COMPLIANT SYSTEMS, FAILING SYSTEMS, AND SYSTEMS POSTING AN IMMINENT THREAT: A. Modification or Discontinuance Required. If upon inspection, an ISTS is found to be a non-compliant system, failing system, or a system posing an imminent threat to the natural environment or the public health, safety and welfare, then the ISTS shall, if possible, either be modified or repaired to comply with this ordinance or its use discontinued within the time periods specified in this subdivision. B. Non -Compliant Systems. A non-compliant system, other than a failing system or system posing an imminent threat, shall be properly repaired or modified or its use discontinued within three (3) years of issuance of a notice of non-compliance Deleted: Inspector Deleted: Inspector Deleted: Inspector Deleted: Inspector Deleted: Inspector Deleted: Inspector for said system. However, a certificate of compliance issued under this ordinance for a new system shall be valid for a period of five (5) years, unless said system is subsequently found to be a failing system or a system posing an imminent threat to the natural environment or the public health, safety, and welfare. C. Failing Septic Systems. A "notice of non-compliance" shall be issued and copies provided to the property owner and to the City within thirty (30) days after inspection when a failing system is found. A failing ISTS shall be upgraded, replaced, or its use discontinued within the six (6) months of issuance of the notice of non-compliance. In calculating the aforementioned six (6) month period, the months of November, December, January, February, March and April shall not be counted. D. ISTS System Posing an Imminent Threat. Any ISTS posing an imminent threat to the natural environment or public health, safety, or welfare shall be upgraded, replaced or repaired, or its use discontinued, within a reasonable period of time, not to exceed three (3) months. In calculating the aforementioned three (3) month period, the months of November, December, January, February, March and April shall not be counted. (Ord. 00-09, June 12, 2000) 4-3-9: WARRANTIED, ALTERNATIVE, AND OTHER SYSTEMS; VARIANCES A. Application for Alternative or Other Systems. Application for approval of a warrantied, alternative, or other system shall be made in the same manner applying for an ISTS permit as provided for in Section 4-3-5 of this Code. B. Review by City Engineer. All applications requesting approval of a warrantied, alternative, or other system shall be forwarded to the City Engineer for a determination of eligibility for approval under this Bection, Minnesota Rules Deleted: ordinance Chapter 7080 and applicable State law. The City Engineer may require an applicant to submit any additional information as may be required by the City Engineer to determine eligibility for possible approval under this subdivision. If the City Engineer determines, based upon the application materials, that the proposed warrantied, alternative, or other system cannot meet the requirements of Minnesota Rules Chapter 7080 or this ordinance, then such application shall be denied and the City Clerk shall send to notice of such denial to the applicant. C. Requirements for Approval. To be eligible for possible approval, any warrantied, alternative, or other system must meet the requirements of Minnesota Rules 7080.0450, 7080.0172, and 7080.0178 respectively. In addition, the applicant must show that a standard system cannot be properly constructed on the subject property and that additional land for a standard system is unavailable. D. Approval Process. If the City Engineer determines that a warrantied, alternative, or other system application can meet the requirements of Minnesota Rules Chapter 7080 and this ordinance, then such application shall be forwarded to the City Council for consideration, along with the recommendation of the City Engineer as to whether or not approval should be granted. If a warrantied, alternative, or other system is approved by the Council, then a "non-standard system approval" in a form recommended by the City Attorney and approved by the City Council, shall be signed by the City and the applicant and recorded against the subject property. E. No Right to Approval. Nothing in this subdivision shall be construed to guarantee or create in any applicant a right to approval of a warrantied, alternative, or other system. The City of Otsego reserves the right to deny all requests for approval of warrantied, alternative, or other systems and to prohibit their construction, regardless of whether such systems meet the requirements of Minnesota Rules Chapter 7080 or this ordinance. F. ,Existing Systems. Any established warrantied, alternative or other system,- Fom atted: indent: Left: 0 legally existing prior to June 12, 2000 may be continued in the manner of Hanging: 0.49" operation existing upon such date except as hereinafter specified or F°""a : Font: Wid subsequently amended Any chance to such a system shall however, be processed according to this Section. G. Variances. Any variances from the standards set forth in Minnesota Rules Chapter 7080 must be granted by the Commission as provided in Minnesota Rules part 7080.0030, subpart 3. (Ord. 00-09, June 12, 2000) 43-10: RECORD KEEPING: A. Required Records. The Building Official shall keep and maintain records of all Derated: CityClerk permit applications, permits issued, inspection data, notices of non-compliance, certificates of compliance, orders, enforcement proceedings and all other documents generated in the administration and enforcement of this ordinance. The storage, maintenance and dissemination of such records shall occur as prescribed by Minnesota Statutes Chapter 13, the Minnesota Government Data Practices Act. B. Reports and Filings. The guidling Official shall prepare an annual report, as Deleted: cierk required by Minnesota Rules 7080.310, subpart 5, for submission to the Commissioner demonstrating enforcement of this ordinance. The annual report shall contain information for the calendar year and shall be submitted to the Commissioner no later than March 1st of the following year. At a minimum, the annual report shall contain the following information: A copy of the standard permit and inspection forms used by the City. 10 2. The name and address of the program administrator. 3. A listing of all qualified employees and contracted licensees authorized by the City to perform ISTS inspections and evaluations as required by this ordinance. 4. The number of ISTS permits issued. 5. The number and methods of inspections conducted. 6. The number and type of variance issued. 7. The number and type of alternative or experimental systems approved, as well as the monitoring results of each. 4-3-11: ENFORCEMENT: A. Violations. Any person who violates any of the provisions of this ordinance, fails to obtain any required permits, or who makes any false statement on a permit application or certificate of compliance, shall be guilty of a misdemeanor. Any offense committed under this ordinance shall be punishable by up to the maximum imprisonment and/or a fine allowed by law for a misdemeanor offense. B. Remedies. In the event of a violation of this ordinance, in addition to any other remedies available to the City, the City Attorney may institute appropriate administrative. civil and/or criminal actions or proceedings, including seeking an injunction, to prevent, restrain, correct or abate such ordinance violations. In addition, the City may issue stop work orders and repair orders at such times and upon such terms and conditions as are necessary to prevent violations of this ordinance from occurring or to eliminate existing ordinance violations. (Ord. 00- 09, June 12, 2000) 4-3-12: CONNECTION TO MUNICIPAL SEWER: A. Connection to Municipal Sewer; When Required. When municipal sanitary sewer is available as defined by City policy, a property is served by an ISTS shall be required to discontinue such use and connect to municipal sewer upon the first occurrence of any of the following events: Upon application for an ISTS permit. 2. When a notice of non-compliance is issued in relation to the ISTS serving the property. 11 Upon the expiration of a certificate of compliance. 4. Nothing in this section shall be construed as limiting the City's ability to specially assess, levy a sewer access charge (SAC) or otherwise bill properties served by an ISTS for the availability of municipal sanitary sewer and the public improvements associated therewith. B. Cause for Denial; Condition of Approval. The future availability of municipal sewer, in the City's sole discretion, may be cause for denial of an ISTS permit. The issuance of an ISTS permit may be conditioned upon the applicant connecting to municipal sewer when it becomes available. Connection to municipal sewer when available may be an explicit condition contained in and imposed on any ISTS permit prior to its approval. (Ord. 00-09, June 12, 2000) 4-3-13: REPEALER: Ordinance No. 99-4, Ordinance No. 92-27, Ordinance No. 91-24 of the City of Otsego related to individual sewage treatment systems are hereby specifically repealed in their entirety. (Ord. 00-09, June 12, 2000) 4-3-14: SEVERABILITY: Should any subdivision, section, paragraph, provision, sentence or lesser portion of this ordnance be found invalid by a court of competent jurisdiction, then such invalid portion shall be severed from this ordinance and all remaining subdivisions, sections, paragraphs, provisions, and sentences contained in this ordinance shall remain in full force and effect. (Ord. 00-09, June 12, 2000) Section 2. This Ordinance shall become effective immediately upon its passage and publication according to law. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 28th day of January, 2008. 12 CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk 13 ORDINANCE NO.: 2008-02 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING ADMINSTRATIVE PROVISONS FOR REGULATION OF INDIVIDUAL SEWAGE TREATMENT SYSTEMS THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Chapter 4, Section 3 of the Otsego City Code is hereby amended to include the following provisions: SECTION 3 INDIVIDUAL SEWAGE TREATMENT SYSTEMS Section: 4-3-1 Purpose and Intent 4-3-2 Definitions 4-3-3 General Provisions 4-3-4 Administration 4-3-5 Permit Application Requirements and Procedures 4-3-6 Permit Approval Procedures 4-3-7 Inspections 4-3-8 Non -Compliant Systems; Failing Systems; and Systems Posing an Imminent Threat 4-3-9 Warrantied, Alternative, and Other Systems; Variances 4-3-10 Record Keeping 4-3-11 Enforcement 4-3-12 Connection to Municipal Sewer 4-3-13 Repealer 4-3-14 Severability Section 2. This Ordinance shall become effective immediately upon its passage and publication according to law. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 28th day of January, 2008. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the Zoning Administrator/City Clerk, Otsego City Hall, 8899 Nashua Avenue, Otsego, Minnesota 55330 during regular office hours. E ORDINANCE NO.: 2008-02 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AUTHORIZING AND REGULATING SANITARY SEWER USE AND OPERATIONS WITHIN THE CITY OF OTSEGO, MINNESOTA AND AMENDING CHAPTER 6, PUBLIC UTILITIES, PROPERTY IMPROVEMENTS, AND WAYS, SECTION 3 SEWER USE OF THE OTSEGO CITY CODE THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Chapter 6, Section 1 of the Otsego City Code is hereby amended to include the following provisions: 6-1-5: WATER ACCESS CHARGE (WAC): The City Council has determined that in order to pay for the cost of construction, reconstruction, repair, enlargement, improvement, maintenance, operation, and use of the City water system; the cost of State and Federal regulations; and the principal and interest to become due on obligations issued or to be issued, it is necessary to impose just and equitable charges for the use and availability of the municipal water system pursuant to Minnesota Statutes, Section 444.075, Subdivision 3. A. From and after hookup of any premises to the City water system, the owner or owners of said premises shall pay for such water services and usage at rates fixed by resolution of the City Council, and any rates so established may be amended at any time by duly adopted resolution of the City Council. B. The connection charge imposed by the City for hookup of premises to the municipal water system shall be set by a duly adopted resolution of the City Council. C. Residential Equivalent Connections (REC) will be established for non-residential users. The number of RECs per use will be as per the current version of the Metropolitan Council Environmental Services Procedures Manual. D. No person shall connect to the City water system without also connecting to the City sanitary sewer system, except by resolution of the City Council._ 6-1-6: SEWER ACCESS CHARGE (SAC): All connections to the municipal sewage treatment system shall be in conformity with the following regulations, except that the City may, by resolution, waive the same upon showing of special conditions justifying such waiver: A. Every premises served by the municipal sewage system shall have a separate connection. B. The connection charge imposed by the City for hookup of premises to the municipal sewage collection system shall be set by a duly adopted resolution of the City Council. C. Residential equivalent connections (RECs) will be established for non-residential users. The number of RECs per use will be as per the current version of the Metropolitan Council Environmental Services Procedures Manual. Any charges so established may be amended at any time by a duly adopted resolution of the City Council. D. No person shall connect to the City sewer system without also connecting to the City water system, except by resolution of the City Council. 6-1-7: WATER EMERGENCY: To protect the health and safety of the consumers, as well as the general welfare, the Public Utilities Director, City Administrator or their designee may impose emergency regulations pertaining to City water use. A. During an emergency, restrictions for the use of City water may include, but are not limited to, the total prohibition of watering, sprinkling, or irrigation of lawn, grass, turf, or plantings. B. Restrictions imposed during an emergency shall continue in effect until the end of the emergency and/or removed by the City Administrator or their designee. C. Notification of restrictions to City water use may be given by publication or by posting in the City Hall and at such public places as the council may direct. D. Penalties: Failure to comply with restrictions or prohibitions imposed under this Section 6-1-7 shall result in a surcharge for water service for each violation in an amount established by Section 2-4-2.J of the City Code, which will be added to the water bill for the property on which such violation occurs. 2. Violators will be notified prior to the imposition of a surcharge. An initial notice of violation will be given to the violator. Subsequent violations in the same calendar year will result in the imposition of a surcharge. Notices of surcharge for violations occurring after receipt of the initial notice shall be mailed to the property owner. The City shall presume receipt of the notice of surcharge three (3) days after mailing. Fa 6-1-8: WATER USE CONSERVATION: To conserve water resources and allow the City's water system flexibility in meeting peak demands, certain limitations on the use of the City's water supply are encouraged: A. An odd -even sprinkling restriction based on street addresses is in effect from May 1 to September 30 each year; Property owners with odd numbered addresses may water on odd calendar days and property owners with even numbered addresses may water on even calendar days. B. Homeowners' associations and apartment complexes that provide a common irrigation system shall water only every other day. C. City water shall not be used for the purposes of irrigating or watering lawns, sod, or seeded areas between eleven o'clock (11:00) A.M. and five o'clock (5:00) P.M. daily. D. Sections 6-1-8.A to C of this Section do not apply in the following situations: 1. Limited hand watering of plants using a hose or hand held watering container. 2. Watering of new landscaping, sod, or seed within thirty (30) days of installation. 3. Watering from a source other than the city's water supply if the water user has registered the alternative source with Wright County and the alternative source is properly permitted by the state of Minnesota. Under this exemption, the City may inspect the property to ensure compliance. Section 2. Section 6-2-6 of the Otsego City Code is hereby amended to include the following provisions: G. Whenever any premises are connected to the city water system, there shall be maintained a complete physical separation between the city water supply system and any private water supply system so that it is impossible to intentionally or unintentionally allow any water produced by a private system to be introduced in the supply line of the city system. H. Lawn sprinkler and irrigation systems. All lawn sprinkler systems and irrigation systems connected to the municipal water system, whether such systems are aboveground or underground, shall require a permit for connection and shall be installed in accordance with the provisions of this Section and Section 4-1-2 of the City Code. 2. All lawn sprinkler systems and irrigation systems which are automatic or are equipped to operate automatically and which are connected to the municipal 3 water system shall be equipped with a rain -detection device so as to prevent the system from operating during times of precipitation. Section 3. Section 6-2-10 of the Otsego City Code is hereby amended to read as follows: 6-2-10: FIRE HYDRANTS: A. No person, except a person authorized by the City, shall be allowed to use any fire hydrant in the City for any purpose whatsoever without first securing a permit from the City. Payment for the water used, except for firefighting, shall be made in accordance with the rate schedule duly adopted by the City Council. B. The owner and/or occupant of any property adjacent to a fire hydrant shall be responsible for the fire hydrant being visible and accessible from the public street including, but not limited to, removal of landscaping, grass, weeds, snow, ice and/or rubbish. Section 4. Chapter 6, Section 3 of the Otsego City Code is hereby amended to read as follows: SECTION 3 SANITARY SEWER USE AND OPERATIONS Section: 6-3-1 Purpose 6-3-2 Scope 6-3-3 Definitions 6-3-4 Permit and Permit Fee 6-3-5 Connection Requirements 6-3-6 Abatement of Violations 6-3-7 Prohibited Discharges 6-3-8 Pretreatment 6-3-9 Monitoring Facilities 6-3-10 Reporting Requirements 6-3-11 Private Sewage Disposal System Required 6-3-12 Special Agreements Permitted 6-3-13 Penalty 6-3-14 Severability 6-3-1: PURPOSE:The purpose of this Section is to provide for the optimum public use of the City's wastewater collection and treatment facilities through the regulation of sewer construction, sewer use and industrial wastewater discharges; to 4 provide for the distribution of the City's costs for ownership, operation and maintenance of the wastewater collection and treatment facilities necessary for protection of public health and environment; and to meet the applicable regulatory requirements that may be imposed on the City now or in the future. 6-3-2: SCOPE: A. This Section shall be interpreted in accordance with the definitions set forth in Section 6-3-3 of the City Code. B. The provisions of this Section shall apply to direct and/or indirect wastewater discharge to the City's facilities. This Section provides for regulation of sewer construction that will contribute to the City's facilities, quantity and quality of wastewater discharges, industrial wastewater pretreatment requirements, establishment of fees for the distribution of costs for ownership, operation and maintenance of the collection and treatment facilities, the approval of plans and/or specifications for sewer construction, issuance of permits for industrial wastewater discharge, miscellaneous permits, and establishment of appropriate enforcement actions for violations of this Section. 6-3-3: DEFINITIONS: A. For use in this Section, the following terms are defined: Act or The Act: Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq. Authorized Representative: The individual designated by the City Council with authority to act on the City's behalf in regard to a specific issue. Average Daily Flow: The volume of flow compiled over a given period of time and converted to a daily average by dividing the total flow by the number of days represented in the time period for which data has been compiled. Where individual day's flow readings are recorded, the average will be based on the number of days for which flows are recorded and not necessarily the total number of days in the time period. For computing average daily flow for industrial users, only production days shall be included in the computation. Weekends and/or holidays, shutdowns, etc., shall not generally be considered by the City in computing the Average Daily Flow. Average Daily Loading: The measure of a particular constituent generally BOD, TSS and/or TKN compiled over a period of time and converted to a daily average by dividing the cumulative concentration and/or volume of the constituent by the number of days represented in the time period for which data has been compiled. Where individual day's loadings are recorded, the average shall be based on the number of days for which loadings are recorded and not 5 necessarily the total number of days in the time period. For computing average daily loadings for industrial users, only production days shall be included in the computation. Weekends and/or holidays, shutdowns, etc., shall not generally be considered by the City in computing the Average Daily Loading. Basic Wastewater Charge: The monthly charge based on volume of flow by a contributor which is intended to recover the cost of operation and maintenance of the City's share of POTWs and associated programs. Billable Flow: The volume of wastewater generated by a user as measured by a water meter or other approved metering system. Biosolids/Sludge: The solids, semi-solids, residues and/or precipitates that result from the treatment of wastewater. Bypass: The diversion of wastewater from or around any portion of the collection system and/or treatment facility. Categorical Pretreament Standards: The national pollutant discharge limits promulgated by EPA in accordance with Section 307(b) and (c) of the Clean Water Act, which apply to specific categories of industrial users (40 CFR 403.6 and 405-471). Unless noted otherwise. Categorical Pretreatment Standards shall always refer to the latest approved limits. CBOD (Carbonaceous Biochemical Oxygen Demand): That portion of the BOD attributable to the biochemical oxidation of the carbonaceous organic matter. This is determined through standard laboratory analyses using a nitrification inhibitor in performing the BOD test, and generally expressed in mg/I. City Engineer: The City Engineer of the City and is an individual/company designated by the City Council with the authority to act on the City's behalf in specific issue(s). COD (Chemical Oxygen Demand): The quantity of oxygen used in the chemical decomposition of organic matter in wastewater as determined by the appropriate laboratory procedure, usually expressed in mg/I. Combined Sewer: A sewer that receives both sanitary sewage and storm sewage. Composite Sample: The sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time. Contributor/Discharger/or User: Any person, firm, corporation or other entity or organization responsible for the production of domestic, commercial or industrial wastewater which is discharged to the wastewater collection and treatment system. R Cross Connection: A connection between a storm drain system and a sanitary collection system, and/or a connection between two sections of a collection system to handle anticipated overloads of one system. Current License: One which is current, valid, unsuspended and urevoked. Debt Service: The funds necessary to recover annual principal and interest payments for bonds issued for the wastewater system. Demand Charge: The charge which recovers debt service costs associated with the wastewater treatment system. Director: The individual or company appointed by the City Council as the Public Utilities Director of the City of Otsego with the authority to act on the City's behalf in specific issue(s). Domestic User: The discharge of wastewater originating in a residential facility or dwelling. In this use, it means the type and quantity of wastes are different from commercial and industrial or agricultural wastes. Domestic Wastewater: Household type wastes discharged from places of human habitation, including sanitary convenience, kitchen and laundry waste. Domestic strength wastewater is accepted as having the following strengths, or less: BOD - 300 mg/I TSS - 350 mg/I TKN- 30 mg/I NH3-N - 15 mg/I FOG -100 mg/I Effluent: Discharge from a particular facility, unit, treatment process or system. Effluent Limits/Effluent Standards: The numerical limits on pollutants in effluents generally reported in mg/I or lbs./day. Foundation Drain or Footing Drain: The piping system around the foundation of a structure or building which is intended to cant' groundwater away from the structure to relieve hydraulic pressure and help keep the structure walls dry. This may also refer to the sump pump used in the footing drain system, where applicable. Grab Sample: A single sample which is taken from a waste stream without regard to the flow in the waste stream and without consideration of time. Gravity Sewer: A sewer that flows by the force of gravity, and generally operates hydraulically as an open channel. 7 Gravity Separation Interceptor: A facility designed for removal of dangerous, deleterious or prohibited matter from the waste stream by differential gravity separation (i.e., grease traps and/or catch basins). Hazardous Waste: Waste defined as hazardous by 40 CFR part 261. House Service Connection/Building Sewer: The sewer connection from the house/building plumbing system to a lateral or branch sewer. The building sewer may begin at the outside of the building's foundation wall. Also called a house connection or service connection. Industrial User: Source of discharge of wastewater into a POTW from any source other than a domestic user. Industrial Wastewater: Wastewater and water-bome wastes of the community, excluding domestic wastewater and uncontaminated water and includes all wastewater from any production, manufacturing, processing, institutional, commercial, agricultural or other operation where the wastes discharged include significant quantities of wastes from non-domestic sources. Inspector: An authorized representative of the Public Utilities Department, Public Works Department, Building Inspection Department, City Engineer or other individual authorized by the Otsego City Council. Interceptor Sewer: A public sewer which generally collects wastewater from lateral sewers and transports it to another interceptor, pumping station or treatment facilities. Interference: means a discharge, alone or in conjunction with discharges from other sources, which: A. Inhibits or disrupts a POTW, its treatment process or operations, or its sludge process, use or disposal; and/or B. Causes a violation of any requirement of the PTOW's NPDES permit (including an increase in magnitude of duration of a violation) or prevents sewage sludge use or disposal in accordance with Section 405 of the Act, or any criteria, guidelines or regulations of EPA or MPCA. Jurisdictional Limits: The area within the corporate limits of the City and all of the territory outside the corporate limits of the city which is within one (1) mile of the corporate limits but exclusive of that part of such territory which lies within the corporate limits of another city, town or village. Lateral Sewer Sewer: A public sewer which generally collects wastewater from house sewers and /or industrial sewers and transports it to an interceptor sewer. Local Government: The Mayor and Council of the City. 0 Milligram Per Liter (mg/1): The measure of concentration of a substance in a liquid generally accepted to equal parts per million. New Source: (as defined in 40 CFR 403.3 (k)): A. Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: 1. The building, structure, facility, or installation is constructed at a site at which no other source is located; or 2. The building, structure, facility, or installation totally replaces the process of production equipment that causes the discharge of pollutants at an existing source; or 3. The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. B. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection A (2) or (3) above but otherwise alters, replaces, or adds to existing process or production equipment. C. Construction of a new source as defined under this section has commenced if the owner or operator has: Begun, or caused to begin, as part of a continuous on site construction program, any placement, assembly, or installation of facilities or equipment; or significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or 2. Entered into a binding contractual obligation for the purchase of facilities or equipment that is intended to be used in its operation within a reasonable time. Options to purchase or contracts that can be terminated or modified without substantial loss, and E contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. NPDES Permit (National Pollutant Discharge Elimination System Permit): A permit issued pursuant to Section 402 of the Act. Pass Through: A discharge which exits a POTW into a water of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any of the requirements of a POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or other permit issued to the POTW by the MPCA or USEPA. pH: means the negative logarithm of the hydrogen ion activity. It generally refers to a measure of the acidity of a solution; pH 7 is neutral, pH>7 is alkaline and pH<7 is acidic. Pretreatment: The reduction of pollutants or conditioning of the waste stream to enhance treatability prior to discharge to a POTW for treatment. Public Sewer: means a sewer constructed for public use under the control of the City. Publicly Owned Treatment Works (POTW): The system of public sewers, pumping facilities and treatment facilities used to collect, convey and treat wastewater and manage wastewater sludges which is owned, managed and regulated by the City or its authorized representative. POTW Treatment Plant: The treatment works portion of a POTW. Rendering establishment: Any establishment, plant, or premises at or within which dead animals, dead fowls, fish, inedible offal, meat scraps, bones, suet, feathers, unrendered animal fat, waste cooking greases, and similar animal matter, or the transportation of such matter to and from disposal at a rendering establishment, either as a separate business or in connection with any other established business. Sanitary Sewer: A sewer which is intended to transport wastewater and to which storm sewage, surface water and groundwater are not intentionally connected. Sewer System: A network of wastewater collection, conveyance, pumping, treatment and disposal facilities connected with sewers and owned and controlled by the City. Significant Industrial User: An industrial user meeting any of the following criteria: 10 A. Discharges more than 25,000 gallons per day of process wastewater B. Discharges a process wastewater which makes up 5 percent or more of the hydraulic or organic capacity of a POTW. C. Is designated as significant by the Director because the discharge may adversely affect the operation of a POTW or for violating any pretreatment requirement. D. Any industrial user subject to Categorical Pretreatment Standards. Significant Noncompliance: A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of wastewater measurements taken during a six month period exceed, by any amount, the daily maximum limit or average limit for the same pollutant parameter; B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent or more of wastewater measurements taken for each pollutant parameter during a six month period equals or exceeds the product- of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, Oil and Grease, and 1.2 for all other pollutants except pH); C. Any other discharge violation the Director believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of any POTW's personnel or the general public; D. Any discharge of pollutants that have caused imminent endangerment to the public or to the environment, or has resulted in the Director exercising emergency authority to halt or prevent such a discharge; E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge pretreatment agreement or enforcement order for starting construction, completing construction, or attaining final compliance: F. Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules; G. Failure to accurately report noncompliance; or H. Any other violation(s) which the Director determines will adversely affect the operation or implementation of the local pretreatment program. 11 11 Sludge/Biosolids: Solids, semi-solids, residues and/or precipitates that result from the treatment of wastewater. Standard Industrial Classification (SIC): A classification of industrial facilities in accordance with the Standard Industrial Classification Manual issued by the Office of Management and Budget or, whatever officially replaces it. Suspended Solids (SS): Solids that float on the surface or are in suspension in wastewater which can be removed through standard laboratory filtering. Total Kjeldahl Nitrogen (TKN): The measure of nitrogen in wastewater determined in a laboratory by measuring ammonia after digesting organic nitrogen to convert it to ammonia nitrogen. Toxic Pollutant: Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Environmental Protection Agency. User Charge: Rates, charges and fees charged to contributors for use of a POTW. Wastewater/Sewage: A combination of water -borne wastes from residences, businesses, institutions and industrial facilities, along with the groundwater and surface runoff that may be present, which is discharged to a POTW. Wastewater Collection System: Network of sewers and pumping stations which collect wastewater from individual building sewers and convey it to the treatment facilities. Wastewater Treatment Facilities/Water Pollution Control Facilities: A system of unit processes which function to reduce pollutant discharges, and therefore, receiving water pollutant loading through physical, chemical and/or biological processes. The following abbreviations shall have the designated meaning: BOD Biochemical Oxygen Demand CBOD Carbonaceous Biochemical Oxygen Demand CFR Code of Federal Regulations CFS Cubic Feet Per Second COD Chemical Oxygen Demand EPA Environmental Protection Agency FOG Fats Oils Grease GPD Gallons Per Day GPM Gallons Per Minute ISTS Individual Sewage Treatment System MPCA Minnesota Pollution Control Agency mg Milligram 12 mg/I Milligrams Per Liter MGD Million Gallons Per Day NH3-N Ammonia Nitrogen NPDES National Pollutant Discharge Elimination System POTW Publicly Owned Treatment Works PPM Parts Per Million RCRA Resource Conservation and Recovery Act SIC Standard Industrial Classification SIU Significant Industrial User TKN Total Kjeldahl Nitrogen TSS Total Suspended Solids WPCF Water Pollution Control Facilities WWTF Wastewater Treatment Facility ng/L Nanograms per Liter 6-3-4: PERMIT AND PERMIT FEE: A. No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City. B. The application for the permit shall set forth the location and description of the property to be connected with the sewer system and the purpose for which the sewer is to be used, and shall be supplemented by any plans, specifications, or other information considered pertinent. C. The permit shall require the applicant to complete construction and connection of the building sewer to the public sewer within ninety (90) days after the issuance of the permit, except that when the applicant makes sufficient showing that due to conditions beyond the applicant's control or due to peculiar hardship, such time period is inequitable or unfair, an extension of time within which to comply with the provisions herein may be granted. D. Any sewer connection permit may be revoked at any time for a violation of this Section. E. The applicant shall pay a fee to the City as established in Section 2-4-2 of the City Code to cover the cost of issuing the permit and supervising, regulating and inspecting the work. 6-3-5: CONNECTION REQUIREMENTS: Any connection with a public sanitary sewer shall be performed consistent with the City of Otsego Engineering Manual (adopted March 1999 and subsequent revisions). 13 6-3-6: ABATEMENT OF VIOLATIONS: Construction or maintenance of building sewer lines whether located upon the private property of any owner or in the public right-of-way, which construction or maintenance is in violation of any of the requirements of this chapter, shall be corrected, at the owner's expense, within thirty (30) days after date of official notice from the Council of such violation. If not made within such time the Council shall, in addition to the other penalties herein provided, have the right to finish and correct the work and assess the cost thereof to the property owner. Such assessment shall be collected with and in the same manner as general property taxes. 6-3-7: PROHIBITED DISCHARGES: No person shall discharge or cause to be discharged, either directly or indirectly, any wastewater which, in the opinion of the Director, may have any harmful effect on the sewer system, any POTW's personnel or equipment, effluent quality, sludge quality, public or private property, or may otherwise endanger the public, a POTW, the environment or create a public nuisance. The Director, in reviewing the acceptability of specific wastewater, shall consider the characteristics of the wastewater and the adequacy and characteristics of any POTW to accept the wastewater. A. General Discharge Prohibitions. No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of any POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to national categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements. A user may not contribute the following substances to a POTW: Any liquids, solids, or gases with a closed cup flashpoint of less that 140 degrees F (60 degrees C) using test methods referenced in 40 CFR 261.21 or which, by reasons of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion hazard or be injurious in any other way to a POTW or to the operation of a POTW. At no time shall two (2) successive readings on an explosimeter at any point in the system be more than five (5) percent nor any single reading over ten (10) percent of the lower explosive limit (LEL) of the meter. 2. Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with a POTW. 3. Any wastewater having a pH less than five (5.0) or higher than nine (9.0), or wastewater having any other corrosive property capable of causing damage of hazard to structures, equipment and/or personnel of a POTW. 4. Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure of interfere with any wastewater treatment process, constitute a hazard to humans or animals, 14 create a toxic effect in the receiving waters of a POTW, or to exceed the limit set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act. 5. Any noxious or malodorous liquids, gases, or solids which either singly, or by interaction with other wastes, are sufficient to create a public nuisance, or hazard to life, or are sufficient to prevent entry into the sewers for maintenance and repair. 6. Any substance which may cause a POTW's effluent, or any other product of a POTW, such as residues, sludges or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to a POTW cause the POTW to be out of compliance with sludge use or disposal criteria, guidelines or regulations. 7. Any substance which will cause a POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards. 8. Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. 9. Any wastewater having a temperature which will inhibit biological activity in a POTW resulting in treatment interference. Wastewater with a temperature at the introduction to a POTW which exceeds forty (40) degrees Celsius (one hundred four (104) degrees Fahrenheit) unless the POTW is designed to accommodate such temperature. 10. Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which -will cause interference to a POTW. Industry shall coordinate with any connected POTW for the discharge of any slug load which may have the potential to cause interference with that POTW. 11. Any wastewater containing any radioactive wastes or isotopes of such half-life, or concentration as may exceed limits established by the Director in compliance with applicable state of federal regulations. 12. Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference with POTW processes or pass through to the receiving waters. 13. Any wastewater which causes a hazard to human life or creates a public nuisance. 14. Mercury quantities in excess of ten ng/L. 15 B. Dilution of Discharges. No user shall ever increase the use of process water for the purposes of attempting to dilute or to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the federal categorical pretreatment standards or in any other pollutant -specific limitation developed by the City, State or Federal Government. C. Specific Limits. In most cases, the concentration of amount of any particular constituent which will be considered excessive will depend upon the results of technical determinations and regulatory agency regulations. Limits and/or constituents to be subject to limits are subject to change based on POTW impacts, technical determinations and regulatory requirements. Specific local limits for pollutants to be allowed in the discharge to any Otsego Wastewater Treatment Facility are developed based upon the design limits of the respective POTW. When the Director determines that a user(s) is contributing to a POTW any of the substances identified in Section 6-3-8.13 of the City Code in such amounts as to interfere with the operation of the POTW, the Director shall advise the user(s) of the impact of the contribution on the POTW, and require effluent limitation(s) for such user to correct the interference with the POTW. E. Stonmwater Prohibited. It shall be unlawful for any owner, occupant or user of any premises to direct into or allow any storm water, surface water, water from air conditioning systems or building sump pump systems, oil or other material hereafter excluded by the city to drain into the sanitary sewer system. F. Swimming Pools. Swimming pools shall be equipped with facilities for completely emptying the pool and other drainage to the POTW. Discharge of the pool water to the POTW shall be at a rate not exceeding 250 gallons per minute. No direct connection shall be made to the sewer. The outlet from the pool recirculation system shall terminate at least six inches above the receptacle connected to the POTW. 6-3-8: PRETREATMENT: Users shall provide necessary wastewater treatment as required to comply with this Section and shall achieve compliance with all federal categorical pretreatment standards and schedules where applicable. Any non-domestic user of the any Otsego POTW may be required to have a pretreatment agreement and will be required to achieve certain pollutant discharge limits. If pretreatment is necessary to achieve these limits the facility constructed/installed to meet the limits shall be provided, operated and maintained the user/owner's expense. A. Wastewater Discharge Permits. Any violation of the terms and conditions of a wastewater pretreatment agreement shall be deemed a violation of this Ordinance and subjects the non domestic user to extra sewer charges and sanctions described in the agreement. Obtaining a pretreatment agreement does not relieve a user of its obligation to comply with all federal, state, or local 16 laws. The wastewater pretreatment agreement may require pretreatment of industrial wastewaters prior to discharge to any Otsego POTW, flow equalization to reduce peak flows, discharge of certain wastes only to specific sewers, relocation of discharge points, prohibition of certain discharges, restriction of some discharges to specific hours of the day, payment of charges to defray costs that may be related to specific discharges, extra charges for discharges over limits, and other conditions that may be needed to implement activities consistent with the intent of these Sanitary Sewer chapters. No person shall discharge wastewater to any Otsego POTW in excess of the quantity or quality limits established in the wastewater pretreatment agreement. A schedule for complying with agreement requirements, effluent limits, self-monitoring requirements or other requirements deemed necessary by the Director shall be submitted to the City for approval by the non-domestic user in a time frame established by the Director. The Director may require compliance schedule progress reports, a report on final compliance with effluent limits and standards, and periodic reports on continued compliance. The Director may require a non- domestic user to submit to compliance independent of a compliance schedule. B. Federal Categorical Pretreatment Standards. Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this Code of Ordinances for sources in that subcategory, shall immediately supersede the limitations imposed under this Code of Ordinances. The Director shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12. C. Federal Categorical Pretreatment Modifications. Where the City's wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the City may apply to the approval authority for modification of specific limits in the federal pretreatment standards. Consistent removal shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state in the effluent which is achieved by the system in ninety five (95) percent of the samples taken when measured according to the procedures set forth in Section 403.7(c)(2) of Title 40 of the Code of Federal Regulations, General Pretreatment Regulations for Existing and New Sources of Pollution promulgated pursuant to The Act. The City may then modify pollutant discharge limits in the federal pretreatment standards if the requirements contained in 40 CFR Section 403.7 are fulfilled and prior approval from the approval authority is obtained. 6-3-9: MONITORING FACILITIES: A. The City may require to be provided, at the user's own expense, monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the City may, when such a location would 17 be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not interfere with traffic or be obstructed by landscaping or parked vehicles. B. There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, and sampling and measuring equipment shall be accessible to the City or its authorized representative at all times for the purpose of gathering samples and flow data. If the sampling manhole or facility is a confined space as defined by federal or state OSHA the user shall supply equipment to safely enter the confined space. C. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City's requirements and all applicable local construction standards and specifications. Construction shall be completed within ninety (90) days following written notification by the City. 6-3-10: REPORTING REQUIREMENTS: A. Compliance Reports. Within ninety (90) days following the date for final compliance with an applicable pretreament agreement or, in the case of a new source, following commencement of the introduction of wastewater into any Otsego POTW, any user subject to a pretreatment agreement shall submit to the Director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment agreement and the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment agreement. The report shall state whether the applicable pretreatment standards or requirements can be met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the user into compliance with the applicable pretreament standards or requirements. This statement shall be signed by an authorized representative of the industrial user and certified by a qualified professional. B. Other Reports. The Director may require reports from non domestic/industrial users as necessary, including, but not limited to, the reports required by 40 CFR 403.12. C. Record Keeping. All industrial users required to have an individual pretreatment agreement subject to reporting requirements shall retain in accordance with the City's record retention schedule, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this Section and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. 18 6-3-11: INDIVIDUAL SEPTIC TREATMENT SYSTEM REQUIRED: All houses, buildings or properties which are required by this Section or by other authority to have sanitary wastewater facilities and are located where a POTW is not available shall be equipped at the owner's expense, with suitable wastewater facilities connected to a private wastewater disposal system which complies with the provisions of Chapter 4, Section 3 of the Otsego City Code. 6-3-12: SPECIAL AGREEMENTS PERMITTED: No statement in this Section shall be construed as preventing a special agreement, arrangement or contract between the City Council and any POTW user as to special conditions, rates and costs as established by the City Council. 6-3-13: PENALTY: Any person violating any provision of this chapter shall be punished pursuant to applicable State Statute regarding misdemeanor penalties, as amended, plus the costs of prosecution. 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. 6-3-14: SEVERABILITY: Should any subdivision, section, paragraph, provision, sentence or lesser portion of this chapter be found invalid by a court of competent jurisdiction, then such invalid portion shall be severed from this chapter and all remaining subdivisions, sections, paragraphs, provisions and sentences contained in this ordinance shall remain in full force and effect. Section 5. This Ordinance shall become effective immediately upon its passage and publication according to law. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: 19 ADOPTED by the Otsego City Council this 28th day of January, 2008. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk 20 ITEM 9-1 PAY ESTIMATE #5 Engineer CITY OF OTSEGO Quantrelle Avenue Improvements; 88th Street Improvements Improvement Project No. 07-04 January 23. 2008 Honorable Mayor & City Council 8899 Nashua Avenue NE Otsego. MN 55330 RE: Querelle Avenue Improvements; 881h Street Improvements, Improvement Project No. 07-04 Conhac oc. Northdale Construction Company, Inc. Contract Amowet $509,518.87 Award Date: Jelly 17, 2007 Completion Date: June 15, 2008 Deer Honorable Mayor and Council Members: The Wowing work has been cormleted on the abo+ rented pnJed by Naltrdele Consbuctlon Company, Im Bid Schedule "A" - QuantreM Avemw and UM Street sMrpNdprwarSEGOWBPB Es lOMaPE PE -1 °i�::! �.. -.3:. �.�. h' �� �.il:!�t1':iJ•��!!' •nal �� � n• .;/mac h• �n_i .Lt1.iL l� � •.♦ � .,,: '� �. _ NOW 11 I 1 E� ,.Nor, �eIt M00019� 3AL-. -aI ::u4.. ! :. r!..'.i KI • 1 �3;irJ 0100— �x 1-11. I-II I �w _ ;1111=.7. io �._ 1 i..:. �._a 1'. a�.. ► •. � R sMrpNdprwarSEGOWBPB Es lOMaPE PE -1 PAY ESTIMATE #5 Engineer CITY OF OTSEGO Quantrelle Avenue Improvements; 88th Street Improvements Improvement Project No. 07-04 Rid Schadula "A" . Ouantralla Avenue and 990% Street . Continued ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT CONTRACT UNIT PRICE CONTRACT AMOUNT USED TO DATE EXTENSION 43 CONSTRUCT DRAINAGE STRUCTURE DESIGN 4020 - 48" 6 EA $1,333.00. 7,998.00 5 6,665.00 44 CONSTRUCT DRAINAGE STRUCTURE DESIGN 4020 - 54" 2 EA $1,663.00 3,726.00 2 3,726.00 45 CONSTRUCT DRAINAGE STRUCTURE DESIGN 4020 - 60" 1 EA $2,533.00 2,533.00 2 6,066.00 46 CONSTRUCT DRAINAGE STRUCTURE DESIGN 4020 - 86" 1 EA $2.683.00 S 2,8W.00 LS 115.00 47 CONSTRUCT DRAINAGE STRUCTURE DESIGN 4020 - 72" 1 EA $3,295.00 3,295.00 2 6,590.00 48 CONSTRUCT DRAINAGE STRUCTURE DESIGN 4020 - 84" 3 EA S4A73.00 13 419.00 3 13 419.00 49 ADJUST FRAME AND RING CASTING 4.0 EA $175.00 700.00 50 RANDOM RIPRAP CLASS III 13.8 CY $98.50 1,359.30 13.8 1,359.30 51 GRANULAR FILTER MATERIAL 7 CY $20.001 $ 140.00 7 S 140.00 52 CONCRETE CURB AND GUTTER DESIGN 8618 2.272 LF $9.581 S 21 765.76 1,931 18 496.98 53 8" CONCRETE VALLEY GUTTER 270 1 BY $37.411 $ 10100.70 270 10100.70 54 RELOCATE FENCE 100 LF $6.501 $ 850.00 55 TYPE III BARRICADES 2 EA $271.631 S 643.26 2 643.26 56 SIGN PANELS TYPE C 35.375 SF $29.211 S 1.033.30 30 S 883.60 67 SILT FENCE TYPE MACHINE SLICED 4250 LF 1.71 S 7,267.50 2,950 5,044.60 58 INLET PROTECTION 10 EA $55.00 650.00 59 TEMPORARY ROCK CONSTRUCTION ENTRANCES 2 EA $760.00 1,500.W 60 SEED MIXTURE 260 264 LS $3.70 939.80 100 ll 370.00 61 MULCH MATERIAL TYPE 1 5 TON $279.52 1. 397.80 5 1397.60 62 1 FERTILIZER TYPE 1 762 LB SO.31 S 236.22 63 PAVEMENT MESSAGE RT ARROW) - EPDXY 2 EA $128.13 2511.28 64 PAVEMENT MESSAGE (ONLY)- EPDXY 2 EA $179.38 358.78 65 4" SOLID LINE WHITE - EPDXY 411 LF $2.05 842.55 66 4" DOUBLE SOLID LINE YELLOW - PAINT 250 LF 2.05 512.50 Total Bid Schedule "A" $ 809.816.87 $ 462.894.30 Plaid Modification No_ I . Extra Work and Sewer and Water Modifications ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT CONTRACT UNIT PRICE USED TO CONTRACT AMOUNT DATE EXTENSION 67 Lower Watermain 1 LS $3,375.01 3,375.01 1 3,376.01 68 Move Topsoil Pile 1 LS $751.17 751.17 1 751.17 69 Install Hydrant Extension 1 LS $699.69 699.89 1 699.69 70 Adjust exlsU9 sewer stub 1 LS2 472.31 2,4723 1 2,472.31 71 Extra Core Ddllln 1 LS 115.00 115.00 1 115.00 Total Field Modification No.1 S 7,413.18 S 7.413.18 S.%Munldpa1lAOTSEG013751Pay Estlmates%OT375PE PE -2 Bid Schedule "A" Field Modification No. 1 TOTAL Total Work Completed to Date LESS RETAINAGE* LESS PAY ESTIMATE 91: LESS PAY ESTIMATE #2: LESS PAY ESTIMATE #3: LESS PAY ESTIMATE #4: WE RECOMMEND PAYMENT OF: PAY ESTIMATE #5 Engineer CITY OF OTSEGO Quantrelle Avenue Improvements; 88th Street Improvements Improvement Project No. 07-04 $ 509,516.87 $ 462,594.50 $ 7,413.18 $ 7,413.18 $ 516,930.05 $ 470,007.48 S 470,007.46 S 179,577.52 $ 86,402.21 $ 155,767.19 S 20.855.59 * Contractor has deposited treasury bills in the amount of $26,000 with (Fidelity Bank) in Lieu of Retainage as allowed by Minnesota Statute. APPROVALS: CONTRACTOR: NORTHDALE CONSTRUCTION CQMPANY, INC. Certificati by Contractor. I certify that all items and amounts are correct for the work completed to dale. Signed: Titre: ?C4s • Data ENGINEER: HAKANSON ANDERSON ASSOCIATES, INC. Certification b sneer: We m d payment for work and quantities as shown. Sign Title: Date .i O OWNER: CITY OF OTSEGO Title: Date S:1MunldpalW0TSEG013751Pay Estlmates\OT375PE PE -3 $ 27,404.98 ITEM 9_2 Order No. 2 Hakanson Anderson Date: January 23, 2008 Assoc.,inc. CONTRACT CHANGE ORDER Project: Well No. 8, Raw Water Line and Pumphouse No. 2 Improvements (Imp. Project 06-05) Owner: City of Otsego To: Rice Lake Construction Group (contractor) You are hereby requested to comply with the following changes from the contract plans and spedfications: Estimate of Cost of Change Order Description of Changes 1. Add additional well casing at a lump sum of $16,610 2. Add 2056 cy of sandstone removal and disposal at $62.75/cy 3. Deduct discharge piping not used at a lump sum of $5,000 4. Deduct 300 cy of Class 3 aggregate base at $10/cy 5. Deduct 320 lbs. of dynamite for blasting @ $19/lb. 6. Deduct 34 hours of air development @ $425/hr. 7. Deduct 48 hours of test pumping @ $192/hr. 8: Deduct 7 cy of cement grout aQ $425/cy 9. Add a lump sum of $3,986.00 for bonding, insurance and overhead INCREASE In Contract Price $16,610.00 $129,014.00 $3,986.00 DECREASE In Contract Price ($5,000.00) ($3,000.00) ($6,080.00) -'($14,450.00) ($9,216.00) ($2,975.00) Totals $149,610.00 ($40,721.00) Net Change in Contract $108,889.00 Justification: Due to a change in the formation between the test well and the actual Municipal Well No. 8, additional well casing was required for the construction of the well. The Mount Simon Sandstone was found to be much softer than anticipated, which resulted in the removal of an additional 2056 cubic yards of sandstone during the development process. The cost of the additional sandstone removal was renegotiated at $62.75/cy from the original cost of $105.00/cy. In addition, deducts for discharge piping, aggregate base, dynamite, air development, test pumping and cement grout were provided due to changes in quantities from the original bid. The removal of the additional sandstone resulted in a well with a yield of over 21 gallons per foot of draw down. Test pumping was conducted at a pumping rate of 1500 gallons per minute (gpm). Based on the test pumping data, it is estimated that this well can produce over 2000 gpm. Due to the change order, the contract period will be: Unchanged. Original Contract Amount $799.700.00 Previous contract changes ($178,540.00) .-Irior approved contract amount $621,160.00 Change in contract due to this change order $108,889.00 Total contract including this and previous change orders $730,049.00 Original contract period: June 27, 2008 Change contract period from previous Change Order September 25, 2008 Contract period including this and all previous change orders: September 25, 2008 This document will become a supplemeryt-tQ the contract and all provisions will apply hereto. Recommended: (Owner's Archit gineer) // Da� � Accepted: (/ (Contractor) Date Approved by: For the Owner (Name and Title) Date This information will be used as a record of any changes to the original construction contract. S:WIunicipal AOTSEGO%5221ot522changeorder2.doc PAY ESTIMATE #4 CITY OF OTSEGO Improvement Project No. 06-05, Well No. 8 January 23, 2008 Raw Water Line and Pumphouse No. 2 Improvements Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Well No. 8, Raw Water Line and Pumphouse No. 2 Improvements Contractor: Rice Lake Construction Contract Amount: $730,049.00'"' Award Date: April 24, 2007 Completion Date: September 25, 2008" Dear Honorable Mayor and Council Members: The following work has been completed on the above -referenced project by Rice Lake Construction. Rid Sch. hd. "P"A 1 - W.11 a .nd ".*.. V...N" ENGINEER ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT CONTRACT UNIT PRICE CONTRACT AMOUNT USED TO DATE EXTENSION NO. Includes construction of Well 08; furnishing, installation, QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION CY sltework and testing of well pump and motor, Meter Vault $ 129 014.00 2,066.00 $ 129 014.00 3 1 Discharge piping -1 LS 1 $5.000.00 and its components, and buried piping between Well 98 -1.00 (5,000.00) 4 Class 3 aciareciate base -300 CY $10.00 1 and Meter Vault. Delete Gravel Backfdl') 1 LS $539,920.00' $ 539,920.00 0.53 $ 286,157.60 2 Sample Tap on Pidess Adapter* 1 LS 2040.00' $ 2,040.00 1 $ 1200.00 Total Bid Schedule "A" $ 541.960.00 • $ 286,157.60 Rid Arh.d.d. "Pn.► A _ P.— ITEM ESTIMATED QUANTITY ESTIMATED CONTRACT UNIT PRICE CONTRACT UNIT USED TO DATE USED TO 1 Additional well casing NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION CY Includes furnishing, installation, sitework and testing of $ 129 014.00 2,066.00 $ 129 014.00 3 1 Discharge piping -1 LS 1 $5.000.00 buried piping, valves and fittings from Meter Vault to Well -1.00 (5,000.00) 4 Class 3 aciareciate base -300 CY $10.00 1 #3 and Pumphouse #2. 1 LS $78,000.00 $ 78 000.00 0.38 $ 29 640.00 Total Bid Schedule "C" $ 78,000.00 $ 29,640.00 Rid s, h.d.d. "0..4 i _ P......h...... a7 ITEM ESTIMATED QUANTITY ESTIMATED CONTRACT UNIT PRICE CONTRACT UNIT USED TO DATE USED TO 1 Additional well casing NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION CY Includes demolition, and furnishing, Insta ation sdewo $ 129 014.00 2,066.00 $ 129 014.00 3 1 Discharge piping -1 LS 1 $5.000.00 and testing of piping, valves, fittings, meters, and -1.00 (5,000.00) 4 Class 3 aciareciate base -300 CY $10.00 $ (3,000.00) equipment for Pumphouse 92. (Delete all work Except for $ (3,000.00) 5 Dynamite for blasting -320 LBS. $19.00 $ 16080.00) 1 Bonds') 1 LS $1200.00' $ 1200.00 1 $ 1200.00 Total Bid Schedule "D" $ 1.200.00 ' $ 1.200.00 ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT CONTRACT UNIT PRICE CONTRACT AMOUNT USED TO DATE EXTENSION 1 Additional well casing 1 LS $16,610.00 $ 16 610.00 1.00 $ 16 610.00 2 Sandstone removal and disposal 2056 CY $62.75 $ 129 014.00 2,066.00 $ 129 014.00 3 1 Discharge piping -1 LS 1 $5.000.00 $ (5.000.00) -1.00 (5,000.00) 4 Class 3 aciareciate base -300 CY $10.00 $ (3,000.00) -300.00 $ (3,000.00) 5 Dynamite for blasting -320 LBS. $19.00 $ 16080.00) -320.00 $ (6,080.00) 6 Air development -34 HRS. $425.00 $ 14 450.00 -34.00 $ 14 450.00 7 Test Pumping 1 -48 HRS. 1 $192.00 $ (9.216.0011 -48.00 $ (9.21 8 Cement grout -7 CY $425.00 $ (2,975.00) 7.00 $ (2,97500) 9 Bonding, insurance and overhead 1 LS $3,986.00 $ 3,986.00 1.00 $ 329600 Total Change Order No. 2 Revised Per Change Order No. 1 Revised Per Change Order No. 2 S:WlunicipailAOTSEGO\5221ot522PE2 PE -1 $ 108,889.00 $ 108,889.00 PAY ESTIMATE #4 CITY OF OTSEGO Improvement Project No. 06-05, Well No. 8 Raw Water Line and Pumphouse No. 2 Improvements Bid Schedule 'Part I - Well 8 and Meter Vault" Bid Schedule "Part 2 - Raw Watermain" Bid Schedule 'Part 3 - Pumphouse #2 Improvements" Change Order No. 2 TOTAL Total Work Completed to Date LESS 5% RETAINAGE: LESS PAY ESTIMATE NO. 1 LESS PAY ESTIMATE NO.2 LESS PAY ESTIMATE NO. 3 WE RECOMMEND PAYMENT OF: APPROVALS: CONTRACTOR: Rice Lake Construction _$ 541,960.00 $ 78.000.00 $ 1,200.00 $ 108,889.00 _$ 730,049.00 '* Certification by Contractor: I certify that all items 5nd amounts are correct for the work completed to date. Signed: Title: Date ENGINEER: HAKANSON Certification OWNER: City of Otsego ASSOCIATES, INC. payment for work and quantities as shown. Signed: Title: Date — Revised per Change Order No. 2 S:1MunidpalWOTSEG01522\ot522PE2 PE -2 ENGINEER $ 286,157.60 $ 29.640.00 $ 1,200.00 $ 108,889.00 $ 425,886.60 _$ 425,886.60 E 21,294.33 $ 83.207.84 $ 99.967.36 $ 117,972.52 $ 103,444.55 WELL NO. 8 PROFILE \cad_eng\HKOJECTS\MUNICIPAL\OT522\dwg\OT522—STRATA EXHIBIT.dwg 1/24/2008 10:57:44 AM CST ITEM 13_1 RESOLUTION 2008-M CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA RESOLUTION DESIGNATING A NEW POLLING PLACE FOR THE CITY OF OTSEGO. WHEREAS, Minnesota StaftAw Section 204B.16, subd.1, Polling Places, permits the city to change the location of the city polling place. WHEREAS, the City of Otsego is one precinct at large and known as Wright County Precinct 140. WHEREAS, the City of Otsego has changed the polling place from 8899 Nashua Ave NE, known as the Otsego City Hall and designatedthe Otsego public Works Facility, 13400 90 St NE, as the designated polling place. THEREFORE, BE IT RESOLVED that the City of Otsego, Wn County, Minnesota does hereby designate the Otago Public Works Facility, 34()o 90® St NE, as the Otsego Precinct polling Place. BE IT FURTHER RESOLVED, that the desigaaaion of a new polling place shall take effiect at the September, 2008 primary election and the November, 2008 election. Adopted by the City Council this 28* day of January, 2008. City of Otsego Larry Fow'nier, Mayor Attest: Jody Hudson, City Clerk City Seal