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04-11-11 CCITEM 4_7 3601 Thurston Avenue 'N, Suite 100 - Anoka, MN 55303 T. P C Rhone: 763.231.6840 Facsimile: 763.427.0520 TPC@PlahningCo.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 5 April 2011 RE: Otsego — Otsego Clean Up Week TPC FILE: 101.01 BACKGROUND Mr. Jason Warehime of Metro Appliance Recycling is proposing to partner with the City to have an Otsego Clean Up Week event from May 2 to May 7. Mr. Warehime held this event at the same time last year in place of the City's previous clean up program whereby the City distributed vouchers to residents for use at the Elk River landfill. The Clean Up Week with Metro Appliance Recycling has City residents come to City Hall to pick up a voucher with discounted rates for disposal of appliances, electronics, tires etc. that cannot be disposed of in the regular trash. The City issued 94 vouchers as part of the event last year. The City's contribution to the program is printing of the voucher forms and City staff time to issue the vouchers at the counter. A quote for the printing costs is attached and City staff recommends printing 150 numbered vouchers for a cost of $49.50, which would be paid from the General Fund. The City has already started receiving inquires about the clean up week event for this year. The event is proposed to be advertised on the City's website, the information box on April utility bills and as an item in the Elk River Star News. Exhibits: A. Voucher B. Printing quote RECOMMENDATION City staff recommends approval of the proposed clean up week event with Metro Appliance Recycling as proposed and printing of 150 numbered vouchers. POSSIBLE ACTIONS A. Motion to approve Otsego Clean Up Week in partnership with Metro Appliance Recycling and authorize printing of vouchers based on. B. Motion to table. C. Tami Loff, City Clerk Gary Groen, Finance Director Brad Belair, Public Works Supervisor Jason Warehime, Metro Appliance Recycling 2 cmr OF TSEGO 1k,ON THE GREAT RIVER ROAD '8899 Nashua Avenue N.E. • Otsego. MN 55330 (763) 441-4414. s Fax (763) 441-8823 E-mall: cityhallfd.otsego.mmus Metro Appliance mg RECYCLING f76,3) 2-41-87787 Appliances - Computers - Electronics - Bulbs OTSEGO CLEAN UP WEEK VOUCHER MAY 2-7, 2011 16403 60th Street N.E. Otsego, MN 55330' WHERE: Metro Appliance Recycling - 16403 60th Street N.E.,'Otsego, MN 55330 HOURS: Monday thru Friday 9:00 a.m. to 5:00 p.m. *ABSOLUTELYNO Saturday - May 7th 9:00 a.m. to 2:00 p.m. AFTER HOURS DUMPING THIS VOUCHER ENTITLES YOU TO BRING LISTED ITEMS TO METRO APPLIANCE RECYCLING. NOT ACCEPTABLE No .liquids such as: oil, paint, hazardous material, antifreeze No household garbage, furniture, brush or compost materials ITEMS ACCEPTED AND CHARGED FOR: Amount Amount Household Appliances $10.00 ea. Computers .30/1b. Air Conditioners $15.00 ea. (Tower, Monitor or Printer) Fluorescent Lights .45-1.35 ea. Tires w/o rims $ 6:00 ea. TV's .30/lb: Tires w/rims $ 8.00, ea. Electronics .30/1b. Auto 'Battery FREE (NOTE: THESE PRICES ARE GOOD FOR ONLY THE WEEK OF MAY 2-7) YOU ARE REQUIRED TO UNLOAD YOUR OWN LOAD. Names _ Identification/Proof of Residence is required. .. . Address: PTD#: Approved 'by: City of Otsego ONE VOUCHER PER HOUSEHOLD March 31, 2011 Metro Appliance Recycling 16403 601h Street NE Otsego, MN 55330 Hi Jason Pricing for the Otsego Clean Up Week Vouchers One sided on 20# white stock (single sheets this year) 150 = $30.00 200 = $35.00 Numbering the Vouchers 150 = $19.50 200 = $21.00 Thank you for the opportunity to quote your project. We look forward to working with you. Donna Elk River Printing Donna anelkriverprintin4 com 763-441-6092 596 Dodge Avenue - Elk River, Minnesota 55330 - www.elkriverprinting.com (763) 441-6092 - (763) 441-7379 - 1-800423-5994 - Fax (763) 441-2751 CLAIMS LIST CITY COUNCIL MEETING APRIL 11, 2011 TO: Tami Loff ITEM 5-1 Attached is the Claims List for the City Council. For more details, please refer to the check detail registers. CLAIMS REGISTER 03-28-2011 $ 684.08 Check # 49949 - 49950 03-28-2011 $ (684.08) Void Check # 49934 04-06-2011 $ 156,924.83 Check # 49951 - 49990 PAYROLL 04-06-2011 $ 37,913.87 ELECTRONIC PYMTS FOR Bldg Permit Surcharge $ Qwest $ Centerpoint Energy $ Dept. of Revenue -Fuel Tax $ Dept. of Revenue -Sales Tax $ Elk River Utilities $ Wright -Hennepin $ Delta Dental $ Total $ GRAND TOTAL $ 194,838.70 If you have any questions or if you would like to review this list further, please let me know. Sue Frisch Bookkeeper CITY OF OTSEGO 04/06/11 11:12 AM Page 1 *Check Summary Register© APRIL 2011 Name Check Date Check Amt 10100 BANK OF ELK RIVER Paid Chk# 049951 AFFORDABLE SANITATION 4/6/2011 $384.54 MAR PORTA RENTALS Paid Chk# 049952 ALLIANCE BENEFIT GROUP HSA 4/6/2011 $1,193.65 PPE 4/2/11 CH DTD 4/6/11 Paid Chk# 049953 BANYON DATA SYSTEMS, INC. 4/6/2011 $1,257.07 FUND/POS ANNUAL SUPPORT Paid Chk# 049954 BARBARA ERICKSON 4/6/2011 $1,050.28 REFUND W/S OVERCHARGE Paid Chk# 049955 BEAUDRY OIL 8 SERVICES INC. 4/6/2011 $13,412.00 UNLEADED FUEL Paid Chk# 049956 CENTRAL HYDRAULICS, INC. 4/6/2011 $112.74 REPAIR PARTS Paid Chk# 049957 CHARTER COMMUNICATIONS LL 4/6/2011 $119.00 cable service Paid Chk# 049958 CITY OF MONTICELLO 4/6/2011 $865.69 February animal control Paid Chk# 049959 CROW RIVER FARM EQUIPMEN 4/6/2011 $275.38 NUTS/BOLTS/BEARINGS Paid Chk# 049960 DISTRICT 728 COMMUNITY ED 4/6/2011 $31,000.00 2010 RECREATION PROGRAMMING Paid Chk# 049961 DIVERSIFIED DOOR CO 4/6/2011 $235.75 GARAGE DOOR REPAIR PARTS Paid Chk# 049962 EDCO PRODUCTS 4/6/2011 $100.00 FIRE INSPECTION FEE REFUND Paid Chk# 049963 ELK RIVER PRINTING 4/6/2011 $252.76 CITATION FORMS Paid Chk# 049964 EXPRESS EMPLOYMENT PROF 4/6/2011 $83.00 TEMP - KIMBERLEY STRAK 3/15/11 Paid Chk# 049965 FASTENAL COMPANY 4/6/2011 $276.54 OPERATING SUPPLIES Paid Chk# 049966 GIS RANGERS, LLC 4/6/2011 $3,847.50 GIS SERVICES Paid Chk# 049967 GOPHER STATE ONE -CALL INC 4/6/2011 $104.80 locates Paid Chk# 049968 HELGESON MAILING SERVICE L 4/6/2011 $1,128.76 FEB/MAR NEWSLETTER Paid Chk# 049969 ICMA RETIREMENT TRUST 4/6/2011 $1,070.93 PLAN #304185 Paid Chk# 049970 J & B EQUIPMENT COMPANY, IN 4/6/2011 $548.02 ANNUAL CRANE INSPECTION Paid Chk# 049971 J H LARSON COMPANY 4/6/2011 $139.64 BULBS Paid Chk# 049972 JACOBS TRADING COMPANY 4/6/2011 $1,806.19 SANDBAGS Paid Chk# 049973 LACOMBE EQ -ELK RIVER PROP 4/6/2011 $75.00 FIRE INSPECTION FEE REFUND Paid Chk# 049974 LIBERTY LIFE INS COMPANY 4/6/2011 $100.00 FIRE INSPECTION FEE REFUND Paid Chk# 049975 LONG & SONS 4/6/2011 $1,280.03 CITY HALL CLEANING SUPPLIES Paid Chk# 049976 MENARDS 4/6/2011 $65.07 ROOF REPAIR Paid Chk# 049977 MN MUNICIPAL UTILITIES ASSO 4/6/2011 $2,168.75 2ND QTR 2011 SAFETY MGMT PROG Paid Chk# 049978 MONTICELLO ANIMAL CONTROL 4/6/2011 $630.00 Animal Pick up Paid Chk# 049979 NAPA AUTO PARTS 4/6/2011 $35.62 brushes/handles small tools Paid Chk# 049980 NEWMAN TRAFFIC SIGNS 4/6/2011 $2,754.31 SIGN MAT'L Paid Chk# 049981 OFFICEMAX - A BOISE CO 4/6/2011 $293.31 office supplies Paid Chk# 049982 PLAISTED COMPANIES 4/6/2011 $1,107.88 SAND FOR SAND BAGS Paid Chk# 049983 PUBLIC EMPLOYEES RETIREME 4/6/2011 $4,039.48 #677600 PPE 4/2/11 Paid Chk# 049984 RANDY'S SANITATION 4/6/2011 $249.11 13400 90TH ST Paid Chk# 049985 TARGET CORPORATION 4/6/2011 $100.00 FIRE INSPECTION FEE REFUND Paid Chk# 049986 THE PLANNING COMPANY LLC 4/6/2011 $9,146.32 GENERAL- CODE Paid Chk# 049987 UNLIMITED ELECTRIC INC 4/6/2011 $1,393.28 ST LIGHT REPAIR BY TARGET Paid Chk# 049988 WRIGHT COUNTY AUDITOR -TRE 4/6/2011 $71,783.33 APR SHERIFF PATROL Paid Chk# 049989 ZARNOTH BRUSH WORKS INC 4/6/2011 $1,320.01 SWEEPER SUPPLIES Paid Chk# 049990 ZIEGLER INC 4/6/2011 $1,119.09 REPAIR SUPPLIES Total Checks $156,924.83 FILTER: None CITY OF OTSEGO 04/06/11 11:13 AM Page 1 *Check Detail Register© APRIL 2011 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Paid Chk# 049951. 4/6/2011 AFFORDABLE SANITATION E 101-45200-410 Rentals (GENERAL) $384.54 9565 MAR PORTA RENTALS Total AFFORDABLE SANITATION $384.54 7Chk# 049952 4/6/2011 ALLIANCE BENEFIT E 101-41600-123 Health $250.02 PPE 4/2/11 CH DTD 4/6/11 G 101-21706 Hospitalization/Medical Ins $476.93 PPE 4/2/11 CH DTD 4/6/11 E 101-43100-123 Health $333.36 PPE 4/2/11 CH DTD 4/6/11 E 250-42410-123 Health $133.34. PPE 4/2/11 CH DTD 4/6/11 Total ALLIANCE BENEFIT GROUP $1,193.65 Paid Chk# 049953 4/6%2011 BA MYON DATA SYSTEMS, INC. ^� E 101-41600-390 Contracted Services $1,257.07 146409 FUND/POS ANNUAL SUPPORT Total BANYON DATA SYSTEMS, INC. $1,257.07 -P—aid—Ch—k#64-965-4-4/0-201 1 BARBARA ERICKSON w�� R 601-37150 WATER SALES $1,050.28 24540-01 REFUND W/S OVERCHARGE Total BARBARA ERICKSON $1,050.28 Paid Chk# 049955 4/6/2011 BEAUDRY OIL & SERVICES INC. Total DIVERSIFIED DOOR CO $235.75 E101-43100-202 Gas & Oil $6,766.00 760511 Dyed Fuel E101-43100-202 Gas & Oil $6,646.00 760553 UNLEADED FUEL Total BEAUDRY OIL & SERVICES INC. $13,412.00 Paid Chk# 049956 4/6%2011 CENTRAL HYDRAULICS, INC. E 101-43100-220 Repair/Maint Supply (GENERAL) $112.74 17360 REPAIR PARTS Total CENTRAL HYDRAULICS, INC. $112.74 Paid Chk# 049957 4/6/2011 CHARTER COMMUNICATIONS�� '^ E 101-41400-390 Contracted Services $119.00 3/26/2011 cable service Total CHARTER COMMUNICATIONS $119.00 Paid Chk# 0499588 4/6/2011 CITY OF MONTICELLO ---- E 101-42710-390 Contracted Services $865.69 99.98 February animal control Total CITY OF MONTICELLO $865.69 Paid Chk# 049959 4/6%2011 CROW RIVER FARM EQUIPMENT ----- E 101-43100-220 Repair/Maint Supply (GENERAL) $275.38 146745 NUTS/BOLTS/BEARINGS Total CROW RIVER FARM EQUIPMENT $275.38 Paid Chk# 049960 r 4/6/2011 A@ DISTRICT 728 COMMUNITY ED"LL' E 101-45250-440 Recreation Programming $31,000.00 2010 RECREATION PROGRAMMING Total DISTRICT 728 COMMUNITY ED $31,000.00 Paid Chk#- 049961 4/6%2011 DIVERSIFIED DOOR CO E 101-43100-402 Repairs/Maint Buildings $235.75 GARAGE DOOR REPAIR PARTS Total DIVERSIFIED DOOR CO $235.75 Paid 64-6-0—R-110-1hk# EDCO PRODUCTS--- ---- R 250-32130 Fire inspections $100.00 FIRE INSPECTION FEE REFUND Total EDCO PRODUCTS $100.00 Paid Chk# 049963 4/6/2011 —ELK RIVER PRINTING & PARTY PLUa__.._e___, E 101-41400-350 Print/Binding (GENERAL) 30602 CITATION FORMS Total ELK RIVER PRINTING & PARTY PLU _$252.76 $252.76 Paid Chk# 049964 4/6/2011 EXPRESS EMPLOYMENT PROF CITY OF OTSEGO 04/06/11 11:13 AM Page 2 *Check Detail Register© APRIL 2011 Check Amt Invoice Comment E 101-41400-104 Part-time - Employees Regular $83.00 99385617-8 TEMP - KIMBERLEY STRAK 3/15/11 Total EXPRESS EMPLOYMENT PROF $83.00 Paid Chk# 049965 4/6/2011 FASTENAL COMPANY E101-43100-210 Operating Supplies (GENERAL) $17.41 MNELK29363 OPERATING SUPPLIES E 101-43100-210 Operating Supplies (GENERAL) $206.53 MNELK29410 OPERATING SUPPLIES E 101-43100-210 Operating Supplies (GENERAL) $52.60 MNELK29426 MISC OPERATING SUPPLIES Total FASTENAL COMPANY $276.54 Paid Chk# 049966 4/6%2011 GIS RANGERS, LLC PPE 4/2/11 PLAN #304185 E 602-49450-391 GIS Services $782.50 389 GIS SERVICES E 101-41400-391 GIS Services $3,065.00 389 GIS SERVICES Paid Chk# 049970 4/6/2011 J & B EQUIPMENT COMPANY, INC. Total GIS RANGERS, LLC $3,847.50 Paid Chk# 049967 4/6%2011 GOPHER STATE ONE -CALL INC E 250-42410-310 Miscellaneous $104.80 9563 locates Total GOPHER STATE ONE -CALL INC $104.80 Paid Chk# 049968 4/6/2011 HELGESON MAILING SERVICE LLC _....e_._a. -"" " E 101-41400-347 Newsletter $1,128.76 3786 FEB/MAR NEWSLETTER Total HELGESON MAILING SERVICE LLC $1,128.76 Paid Chk# 049969 4/6/2011 ICMA RETIREMENT TRUST E 101-41400-121 PERA $280.93 PPE 4/2/11 PLAN #304185 G 101-21705 Other Retirement $790.00 PPE 4/2/11 PLAN #304185 Total ICMA RETIREMENT TRUST $1,070.93 11-101 Paid Chk# 049970 4/6/2011 J & B EQUIPMENT COMPANY, INC. E 101-43100-389 E 101-43100-390 Contracted Services $548.02 81595 ANNUAL CRANE INSPECTION Total J & B EQUIPMENT COMPANY, INC. $548.02 Other Supplies Paid Chk# 049971 _ 4%6/2011 J H LARSON COMPANY 11-101 CITY HALL CLEANING SUPPLIES E 101-43100-402 Repairs/Maint Buildings $139.64 4324046-01 BULBS Total J H LARSON COMPANY $139.64 Paid Chk# 049972 4/6/2011 JACOBS TRADING COMPANY E 101-41100-801 CONTINGENCY $1,806.19 1048222 SANDBAGS Total JACOBS TRADING COMPANY $1,806.19 Paid*Chk# 049973 4/6/2011 LACOMBE EQ -ELK RIVER PROP LLC�� R 250-32130 Fire inspections $75.00 FIRE INSPECTION FEE REFUND Total LACOMBE EQ -ELK RIVER PROP LLC _ $75.00 _ Paid Chk# 049974 4/6%201 T LIBERTY LIFE INS COMPANY----- OMPANY---R R250-32130 Fire inspections $100.00 FIRE INSPECTION FEE REFUND Total LIBERTY LIFE INS COMPANY $100.00 Paid Chk# 049975 4/6/2011 LONG & SONS E 101-41940-389 Cleaning Services $748.13 11-101 CITY HALL MAR CLEANING E101-43100-210 Operating Supplies (GENERAL) $47.57 11-101 PW CLEANING SUPPLIES E 101-43100-389 Cleaning Services $363.38 11-101 PW MAR CLEANING E 101-41940-203 Other Supplies $120.95 11-101 CITY HALL CLEANING SUPPLIES Total LONG & SONS $1,280.03 bPaid Chk# 049976 4/6/2011 MENARDS E 101-43100-210 Operating Supplies (GENERAL) $22.50 43574 SOAP, UTIL KNIVES, BLADES E601-49400-210 Operating Supplies (GENERAL) $36.68 45412 METER TOOLS E 101-41940-402 Repairs/Maint Buildings $5.89 45412 ROOF REPAIR CITY OF OTS'EGO 04/06/11 11:13 AM Page 3 *Check Detail Register© APRIL 2011 Check Amt Invoice Comment Total MENARDS $65.07 Paid Chk# 049977 4/6/2011 MNSMUNICIPAL UTILITIES ASSOC — -- E 101-41400-360 Education/Training/Conferences $542.19 37190 2ND QTR 2011 SAFETY MGMT PROG E 250-42410-360 Educationfrraining/Conferences $542.18 37190 2ND QTR 2011 SAFETY MGMT PROG E 101-41600-360 Educationfrraining/Conferences $542.19 37190 2ND QTR 2011 SAFETY MGMT PROG E 101-43100-360 Education/Training/Conferences $542.19 37190 2ND QTR 2011 SAFETY MGMT PROG Total MN MUNICIPAL UTILITIES ASSOC $2,168.75 —.--- Paid Chk# 049978 4%6%2011 W—MONTICELLO ANIMAL CONTROL E 101-42710-390 Contracted Services __$630.00 533 Animal Pick up Total MONTICELLO ANIMAL CONTROL $630.00 -� ai—d A .. §97.— /6/2 011 a.�., N �..(.F E—L K k 7E -R � ,�- Paid Chk# 049979 4/6/2011 NAPA OF ELK RIVER INC -- �-- E 101-431'00-240 Small Tools/Equipment $21.28 551789 brushes/handles small tools E101-43100-220 Repair/Maint Supply (GENERAL) $9.33 552212 reapir parts E101-43100-210 Operating Supplies (GENERAL) $5.01_ 552598 grease Total NAPA OF ELK RIVER INC $35.62 Paid Chk# 049980 4/6/2011 NEWMAN TRAFFIC SIGNS E 101-43100-393 Sign & Signal Mat'I Purchased $149.09 TI -0232091 SIGN MATT E 101-43100-393 Sign & Signal Mat'I Purchased $1,547.1.5 TI -0232577 sign materials E 101-43100-393 Sign & Signal Mat'I Purchased $1,058.07 TI -0232652 sign materials Total NEWMAN TRAFFIC SIGNS $2,754.31 Paid Chk# 049981 _ 4/6/2011 OFFICEMAX ..__W_..__- —.--- -. --- --- E 101-41400-201 Office Supplies and Expenses $226.94 701674 office supplies E 101-41400-201 Office Supplies and Expenses $66.37 774601 office supplies Total OFFICEMAX $293.31 Paid Chk# 049982 4/6/2011 PLAISTED COMPANIES p"""-` - - -- E 101-43100-370 Sand andGravel $1,078.98 37931 SAND & GRAVEL E 101-41100-801 CONTINGENCY $28.90 37931 SAND FOR SAND BAGS Total PLAISTED COMPANIES $1,107.88 PaidChk# 049983 4/6/2011 PUBLIC EMPLOYEES RETIREMENT FD� E 101-41400-121 PERA $259.43 #677600 PPE 4/2/11 E 101-41600-121 PERA $509.64 #677600 PPE 4/2/11 E 101-43100-121 PERA $1,109.56 #677600 PPE 4/2/11 E 250-42410-121 PERA $190.06 #677600 PPE 4/2/11 E 601-49400-121 PERA $50.33 #677600 PPE 4/2/11 E 602-49450-1.21 PERA $50.32 #677600 PPE 4/2/11 G 101-21704 PERA $1,870.14 #677600 PPE 4/2/11 )tal PUBLIC EMPLOYEES RETIREMENT FD $4,039.48 Paid Chk# 049984 4/6/2011 RANDY'S SANITATION --"-- E 101-41940-325 Garbage Service $131.05 8899 NASHUA AVE E 101-43100-325 Garbage Service $118.06 13400 90TH ST Total RANDY'S SANITATION $249.11 Paid Chk# 049985 4/6/2011 TARGET CORPORATION ��'��-�-"'�" R 250-32130 Fire inspections $100.00 FIRE INSPECTION FEE REFUND Total TARGET CORPORATION $100.00 'Pa—id 044%6%2011 TPC E 101-41570-303 Planning Fees $300.00 280 HOSPITAL E 208-45210-303 Planning Fees $450.00 281 COMMUNITY PARKS E 101-41570-303 Planning Fees $400.00 282 HPC CITY OF OTSEGO 04/06/11 11:13 AM Page 4 *Check Detail Register© APRIL 2011 Total TPC $9,146.32 Paid Chk# 049987 4%6/2011 M UNLIMITED�ELECTRIC INC��` Check Amt Invoice Comment E 101-41570-303 Planning Fees $100.00 283 POLICIES E 101-41570-303 Planning Fees $150.00 284 CITY CODE E 403-43100-303 Planning Fees $200.00 285 70TH STREET E 101-41570-303 Planning Fees $200.00 286 ISLAND VIEW E 101-41570-303 Planning Fees $2,950.00 287 GENERAL E 101-41570-303 Planning Fees $40.00 288 GENERAL E 101-41570-303 Planning Fees $3,500.00 289 MEETINGS E 250-42410-303 Planning Fees $376.32 290 GENERAL- CODE E 101-41570-303 Planning Fees $180.00 291 WFE/GCI G 701-22465 GREAT RIVER CTR $240.00 292 GRC G 703-21980 Hidden Creek Trail Subd $60.00 293 HIDDEN CREEK TRAILS Total TPC $9,146.32 Paid Chk# 049987 4%6/2011 M UNLIMITED�ELECTRIC INC��` 10100 BANK OF ELK RIVER - ""� E 101-43100-393 Sign & Signal Mat'I Purchased $750.78 9680 REPAIR LIGHT ON TOP OF SIGNAL - 851CR42 E 225-43160-220 Repair/Maint Supply (GENERAL) $642.50 9681 ST LIGHT REPAIR BY TARGET Total UNLIMITED ELECTRIC INC $1,393.28 602 SEWER FUND $832.82 Paid Chk# 049988 4/6/2011 WRIGHT COUNTY AUDITOR -TREASURE 703 Wetland Escrows $60.00 E 101-42100-390 Contracted Services $_71,783.33 April 2011 APR SHERIFF PATROL tal WRIGHT COUNTY AUDITOR -TREASURE $71,783.33 Paid Chk# 049989 4/6/2011 ZARNOTH BRUSH WORKS INC�"- E 101-43100-210 Operating Supplies (GENERAL) $1,268.07 0132676 SWEEPER SUPPLIES E 101-43100-220 Repair/Maint Supply (GENERAL) $51.94 132483 -IN SWEEPER SUPPLIES Total ZARNOTH BRUSH WORKS INC $1,320.01 Paid Chk# 049990 4/6/2011 ZIEGLER INC6�� — E 101-43100-220 Repair/Maint Supply (GENERAL) $1,119.09 PCO80324312 REPAIR SUPPLIES Total ZIEGLER INC $1,119.09 10100 BANK OF ELK RIVER Fund Summary $156,924.83 10100 BANK OF ELK RIVER 101 GENERAL FUND $151,640.52 208 COMMUNITY FACILITIES FUND $450.00 225 Street Light Utility Fee $642.50 250 Comm. Dev. & Bldg Safety $1,721.70 403 COLLECTOR RDS (FORMERLY MSA) $200.00 601 WATER FUND $1,137.29 602 SEWER FUND $832.82 701 DEVELOPMENT ESCROWS FUND $240.00 703 Wetland Escrows $60.00 $156,924.83 CITY OF OTSEGO 03/28/11 4:01 PM Page 1 *Check Summary Register© MARCH 2011 Name Check Date Check Amt 10100 BANK OF ELK RIVER Paid Chk# 049949 RICOH AMERICAS CORPORATIO 3/28/2011 Paid Chk# 049950 RICOH AMERICAS CORPORATIO 3/28/2011 Total Checks FILTER: None $304.65 WIDE FORMAT PRINTER $379.43 RICOH COPIER LEASE $684.08 CITY OF OTSEGO 03/28/11 4:02 PM Page 1 *Check Detail Register© MARCH 2011 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $0.00 250 Comm. Dev. & Bldg Safety $0.00 $0.00 Check Amt Invoice Comment 10100 BANK OF ELK RIVER 'Paid Chk# 049934 3%23%2011 RICOH AMERICAS CORPORATION —a-- E 101-41400-413 Office Equipment Rentals ($379.43) 12886195VOI VOID CHECK #49934 E 250-42410-410 Rentals (GENERAL) ($3_04.65) 12886196VOI VOID CHECK #49934 Total RICOH AMERICAS CORPORATION ($684.08) Paid Chk# 049949 3/28%2011 RICOH AMERICAS CORP—ORA'---TIO E 250-42410-410 Rentals (GENERAL) $304.65 12886196A WIDE FORMAT PRINTER Total RICOH AMERICAS CORPORATION $304.65 Paid Chk# 049950E 3/28%2017--k-1C-0H— RICOH E101-41400-413 E 101-41400-413 Office Equipment Rentals $379.43 12886195A RICOH COPIER LEASE Total RICOH AMERICAS CORPORATION $379.43 10100 BANK OF ELK RIVER $0.00 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $0.00 250 Comm. Dev. & Bldg Safety $0.00 $0.00 ITEM 5_2 3-8-11 Otsego Heritage Preservation Commission Present: Ron Black, Chris Wilson, Toni Seroshek, Gail Anderson. Guest: Laura Schroeder. Mayor Jessica Stockamp. Chair Ron Black called the meeting to order. Minutes from the meetings of January 11 and February 19 were approved. We learned that public notice for filling a vacancy on OHPC was posted in the Elk River Star News. Commissioners agreed that the article we prepare for the fall Otsego View newsletter will be regarding the ferry crossings from Otsego and river -related history. We discussed taking a field trip down the river to find certain sites such as the mooring stone purported to be on the north side of the river. That article is due July 22. Toni Seroshek led our review of proposed forms she had prepared. The following forms were reviewed, revised and approved unanimously: 1. OHPC Collection Policy 2. OHPC Reference Policy 3. OHPC Deed of Gift 4. OHPC Accession Form 5. OHPC Deaccession Policy and Forms 6. OHPC Certificate of Transfer of Title Our next meeting will be held Saturday, March 19, 10am to fpm with Consultant Heather Koop when we will discuss historic structures. Gail Anderson, Recorder ITEM 5-3 Otsego Police Commission Minutes March 8, 2011 Present: John Hinnenkamp, Jason Warehime, Mayor Jessica Stockamp, Jane Theisen, Denise Andrusko, Dana VanDenBerg, Paul Fields, Police Officer: Peter Walker Meeting called to order at: 6:35 p.m. AGENDA — Approved. Review informational handouts: Park & Rec minutes, 2011 Otsego View Schedule, Shawn's Bike Rodeo handout. MINUTES from: February 9, 2011 - Approved OPEN FORUM: Resident stated that there had been 3 incidents in her neighborhood 78" and Page area, 2 attempted break in's, 1 actual break in. Police were notified and are working on these incidents. Pete informed us that they are working on these break in's along with the Monticello and Elk River police departments as these communities have had some break in's also. Also resident stated a number of snowmobilers driving on their property, snowmobile club had been notified. OLD BUISNESS: Dates of Park and Rec Events The Entertainment in the Park for the evenings will be: July 20, July 27, August 3, August 10 and August 17. The morning ones are: June 14, June 21, June 28, July 12, July 19. NEW BUSINESS: We have been asked to have McGruff attend the Otsego Carnival on April 29th. Amee Brumm will get approval needed by the District Office. Discussed Bike Rodeo Heather Eidem from New River Medical Center attended to discuss how New River puts on their Bike Rode's. They contact local business for donations for the purchase of helmets. They staff their bike rodeos with volunteers and the Big Lake Police department who sets up the course. They also have a car seat inspection. She discussed the cost of a bike rodeo. After reviewing all the information that Heather provided and considering the cost of helmets we have decided that we would continue this discussion at our next meeting. John asked that we address these four items: • Cost of event • Date- TBD • Event Coordination • Advertisement Jason will ask Target for donations of possible bike helmets, and miscellaneous items. Dana will ask Rob to bring this to the New River Medical Center Board meeting to see if they would like to donate helmets. Jessica will talk to Joel to see if the Public Health Department would like to participate in the rodeo and also have Child Safety Seat checks. Calendar of Events: March 10th Law Enforcement Center Open House Easter Egg Hunt April 9, 2011 Spring PC Adopt -a -Park Clean Up — TBD 'National Night Out- August 2, 2011 Pumpkin Patch —TBD Otsego Festival — TBD Otsego View Submission Dates: Summer'(May 6th), Fall {Ju'ly.22),'Winter (October 7) City Council Meeting Updates: February, 28th Shawn — Nothing to report City Council Meeting assignments: March 14, 2011- Paul March 28, 2011- Paul Next Meeting: April 12, 2011 Meeting Adjourned 7:50 p.m. ITEM 5_4 OTSEGO PARKS AND RECREATION COMMISSION MEETING OTSEGO CITY HALL MARCH 9, 2011 7:00 PM 1. Call to Order. Chair Mike Brumm called the meeting to order at 7:02PM. Roll Call: Chair Mike Brumm; Vice Chair Krista Bean; Commission Members: Susan Krekelberg, Kathy Roberts, and Peter Torresani. Absent: Commission Members: Duane Lauseng, Rose Cassady and Kari Menzia; City Council: Councilmember: Doug Schroeder; Staff. Brad Belair, Public Works Supervisor, Sandy Lindenfelser, Special Licensing and Dan Licht, City Planner. 2. Consider agenda approval. Commissioner Torresani motioned to approve the agenda as written. Seconded by Commissioner Bean. All in favor. Motion carried. 3. Consider the following minutes. 3.1. February 9, 2011 Regular Meeting Minutes. Commissioner Roberts motioned to approve the minutes as written. Seconded by Commissioner Torresani All in favor. Motion carried. 4. Open Forum. Members of Girl Scout Troop 11211, Nicknamed "The Shooting Stars" requested to do a project for the City. They will be working with PW Supervisor Brad Belair. 5. New Business. 5.1. Recommend Recognized Youth Associations. City Planner Licht presented the draft resolution establishing recognized youth associations. Commissioner Torresani motioned to recommend City Council approval of the draft resolution establishing the four recognized youth associations. Seconded by Commissioner Roberts. All in favor. Motion carried 5.2. Denny's request to borrow Bunny Suit April 16`h and 19�h Commission discussed the borrowing of the bunny suit to Denny's. In the past, Denny's has given gift certificates in exchange of borrowing the suit. Chair Brumm recommends the Parks and Rec Commission allow Denny's to borrow the Bunny Suit contingent upon dry cleaning and mending of any damages to the suit before it is returned. Seconded by Commissioner Torresani. All in favor. Motion carried. 6. Unfinished Business. 6.1. Eagle Scout Project PW Supervisor Belair has been in contact with Eagle Scout Aaron Dorvinen and emailed him a concept plan. Mr. Dorvinen contacted City Planner Licht and seems excited about a project either at Waterfront East of possibly at the Splash Pad. City Planner Licht will contact Mr. Dorvinen in another week and move forward from there. 6.2. Prairie Park Splash Pad Conceit City Planner Licht presented the 2 concept plans and explained the drainage of the splash pad. It was noted that concept plan A-2 and option 3 for drainage were favored by City Staff. City Staff recommends going with the colored concrete due to the iron in the water that would cause staining of the concrete. Lighting was discussed. Wright Hennepin is to be contacted to draw up a plan and a quote for lighting. Commission discussed leaving the tables on the plan and having Tim from SRF bring pictures of the tables to the next meeting and decide if they want them or not. Commissioner Krekelberg inquired as to the location of a port a potty. City Planner Licht said it is a good idea and will be looked in to. Vice Chair Bean recommended to move forward with the approval of Concept Plan A-2 including additional wall enhancements, the colored concrete and tables for the splash pad at Prairie Park. Seconded by Chair Brumm. All in favor. Motion carried. 6.3. Little League update City Planner Licht gave an update on the possible Little League organization in Otsego. It is noted that Mr. Welch is taking some additional time organizing and will contact the city once he has a more complete proposal. 6.4. Billette Field sign concept City Planner will email commission members the bosox and ballpark font styles. Commission member Roberts will show the 2 styles to Susan Louricas. Decisions will be made at the next Parks and Rec meeting. 7. Public Works Update. PW Supervisor Belair stated that they are working on the parks to get them ready for spring. 8. Pride in our Parks. PW Supervisor Belair updated the commission on the 3 Pride in Our Parks contracts. Master Kohls is excited for another year. He has one year left on his contract. Rhonda with Women of Today told Mr. Belair that they have joined St Michael's Women of Today. Dana VanDenBerg has taken over Girl Scout Troop 13514 for Amy Brumm. Mr. Belair will contact Ms. VanDenBerg regarding their contract. Commissioner Torresani questioned whether a one year contract would be accepted instead of a 2 year contract. City Planner Licht said to look at it as a one year extension of the current contract. 9. Update on City Council actions by Council Member Doug Schroeder. 9.1. Otsego — Safe Routes to School Trail CM Schroeder noted that the City Council has adopted the plans and specs for construction of the trail segments for safe routes to school trail. 10. Subcommittees. a. All Sports Commissioner Torresani). Commissioner Torresani will notify organizations of the updates. b. Community Ed/Ids 728 (Commissioner Bean Discussion of whether or not to have Community Ed at the Egg Hunt noting they usually give gift certificates for prizes. c. Communication (Commissioner Krekelberg). No Items. d. Pumpkin Patch (Commissioner Roberts). No Items. e. Santa Day — (Commissioner Cassadx). No Items. f. Egg Hunt — (Commissioner Brumm). Chair Brumm will dress as Easter Bunny. There will be bikes for prizes. Commissioner Torresani will pick up candy and contact Commissioner Cassady and Mayor Stockamp regarding bags. Commissioner Roberts will contact Teensie the Clown to see they can get her for the event. Otsego Royalty will be there the help. Contact Boy Scouts to see if they are willing to help out. Chair Brumm will contact the Police Commission to see if they are planning on having the McGruff Coloring Contest this year. Commission Members are to meet at 6:30pm on Friday, April 8th to set up. 11. Information. 12. Adjourn by 10 PM. Commissioner Krekelberg motioned to adjourn the meeting. Seconded by Vice Chair Bean. All in favor. Meeting adjourned at 8:27PM. Written by Sandy Lindenfelser, Special Licensing CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA BY: Brad Belair DATE: March 6, 2011 RE: Mowing Contract BACKGROUND ITEM 5_5 REQUEST FOR COUNCIL—ACTION I have attached a proposal from Superior Lawn for 2011 contract mowing and weed control at city properties. Superior Lawn has provided services to the City for several years and has done an excellent job. Financial Issues: Cost: Source: Budgeted Supporting Information: $29,518 Park general fund/Sewer and Water fund Yes The proposal from Superior Lawn was reviewed at the March Public works Committee Meeting with the consensus to recommend City Council approval. RECOMMENDATION I recommend City Council approve to contract with Superior Lawn for mowing and weed control as proposed. POSSIBLE ACTIONS A. Motion to approve ... B. Motion to table. C. i0.i' MAR 14 .2011 j .... � 985Parrish 9 Ave. NE Otsego, MN 55330 (763)241-0772 March 9, 2011 City of Otsego 8899 Nashua Ave. NE Elk River, MN. 55330 Lawn Maintenance Proposal -2011 April 4 thru November 1 City of Otsego Properties $17,172.00 Water and Sewage Department $12,346.00 Total 2011 season $29,518.00 (plus MN Sales Tax) Payment due by the 15th of the month. 7 month season $4216.00. Due each month, (plus MN Sales Tax) Think You Randolph E. Brenny March 9, 2011 City of Otsego Properties - 2011 85th and Oakwood Lot 1.Mow grass bi-weekly $754.00 season Odean Blvd 1.Mow grass bi-weekly 2. Spray herbicide, spring $1952.00 season 3.Mow other side of Blvd, maintain 5' area $750.00 season 85th St. NE Blvd 1.Mow grass bi-weekly 2.SUray herbicide, spring $1952.00 season Ouaday Ave Blvd 1.Mow grass bi-weekly 2.Spray herbicide, $985.00 season 3.Mow other_ side of Blvd, maintain 5' area $550.00 season Page Blvd 1.Mow grass bi-weekly 1.Mow bi-weekly 2.Spray Herbicide, spring $1285.00 season --_Randolph Ave Blvd &54th St NE 1.Mow bi-weekly 2.Spray Herbicide, spring $895.00 season Maciver Blvd 1.Mow bi-weekly 2.Spray Herbicide, spring $3329.00 season 3.Mow other side of Blvd, maintain 5' area $950.00 season Maciver Blvd, SW corner 1.Mow bi-weekly $458.00 season -Oueens Ave Blvd 1.Mow bi-weekly 2.Spray herbicide, spring $809.00 season 3.Mow other side of Blvd, maintain 5' area $300.00 season 1. Mow bi-weekly 2. Spray herbicide; spring $744.00 season 3.Mow other side of Blvd, maintain 5' area $300.00 season Total 2011 season(Plus Mn Sales tax) $17172.00 Note: The City of Otsego will do all spring cleanup on Blvds. March 9, 2011 Water and Sewage Department- 2011 East Water Tower #1 l.Spring cleanup. 2.Mow and trim bi- weekly $613.00 season Well #1, by. Otsego elementary 1.Mow bi-weekly $185.00 season East Sewage Plant 1. Mow and trim turf area at sewage plant, Pump house # 2, Well along tar road throughout area, done weekly. #8, maintain 5' 2. Spray herbicide, one time 3. Fertilize, spring and fall $3338.00 season Maintain 5' around south,.west and north outer fence every 2 wks $350.00 season West Water Treatment Plant 1. Mow and trim turf area at sewage plant and lift station #3, maintain 5' along tar road throughout area, done weekly. 2. Spray herbicide, one time 3. Fertilize, spring and fall $3203.00 season Maintain 5' around south, west & north outer fence every 2 wks $350.00 season Pump House #3 1.Mow and trim bi-weekly $386.00 season Pump House # 4 1. Mow and trim bi-weekly $386.00 season —Water Tower West #2 I. Spring cleanup 2.Mow and trim bi-weekly$569.00 season Lift Station (56th Crt NE) 1.Mow and trim bi-weekly $247.00 season Lift Station (south of cty 36 & East sewage plant) 1.Mow and trim bi-weekly $247.00 season Lift Station (Marquette & 76th St NE) 1.Mow and trim bi-weekly $247.00 season Lift Station(63`d & Mason) 1,Mow and trim bi-weekly $247.00 season Water Tower, Oueens Ave 1.Spring cleanup 2.Mow and trim bi-weeklv $573.00 season Ouaday & ety 42 lift station 1. Mow and trim bi — weekly 2. Spray herbicide, late spring $324.00 season Lift Station #8 1. Mow and trim bi-weekly $247.00 season Lift station #9 1. Mow and trim bi-weekly $247.00 season Pressure Control Station #1 1. Mow and trim bi-weekly $340.00 season Lift Station #6 1. Mow and trim bi-weekly $247.00 season Total 2011 season (plus Mn sales tax) $12,346.00 1, March 9, 2011 City Of Otsego Public Works Property Spring herbicide spraying $210.00 (plus nin sales tax) TA-4nk You Randolph E. Brenny 9859 Parrish Ave. NE Otsego, MN 553.30 (763) 241-0772 ITEM 5_6 CO URI, MA CAR THUR & R UPPE, P.L.L. P Attorneys at law Michael C. Couri* 705 Central Avenue East Sarah E. Schwarzhoff Andrew J. MacArthur Robert T. Ruppe** 'Also Licensed in Illinois *'Also Licensed in California April 6, 2011 City Council Members City of Otsego c/o Tami Loff, City Clerk 8899 Nashua Avenue NE Otsego, MN 55330 PO Box 369 St. Michael, AIN 55376-0369 (763) 497-1930 (763) 497-2599 (FAX) www. courimacarthur. com RE: Revision to Elk River Fire Contract Dear Council Members; As you may recall, the City Council previously approved the Elk River Fire Contract after some changes were made to the document. It was subsequently approved by the Elk River City Council with a minor change which more specifically indicated that Otsego would not hold the City of Elk River or the Fire Department liable for negligent acts in delivering fire service, but that they could be held liable for actions which were grossly negligent or criminal in nature. This change was noted to the City of Otsego in the attached letter from the City of Elk River. The proposed change in language does not change the meaning of the contract provision, and is acceptable. I would recommend the City Council approve the contract with the slight amendment by motion. The matter should be included on the Consent Agenda. Very trulyour- , An. w J. M Arth OURI, CARTHUR & RUPPE, PLLP Encl. `;1 v '`I City of Elk PdVeor—ft Fire Department 13065 Orono Parkway Elk River, MN 55330 Monday, February 28, 2011 Mike Robertson City of Otsego 8899 N.E. Nashua Avenue Otsego, MN 55330 Dear Mr. Robertson, On Tuesday, February 22, 2011, the Elk River City Council approved the updated Contract for Firefighting Services document. Enclosed, please find two complete original copies of the document. Please have your mayor sign and return one of the copies. The second is for your records. Our city attorney did insist on clarifying Article II, Section C of the contract. The change clarifies the indemnification clause, specifically addressing ordinary and gross negligence. As requested, the language pertaining to gross negligence and criminal acts has been incorporated into the final document. With this change, it was necessary to specifically address claims pertaining to ordinary negligence. I have included the section below, highlighting the point of clarification. C. The CITY OF ELK RIVER and/or the FIRE DEPARTMENT shall not be liable to the CITY OF OTSEGO, nor to any property within the Fire District, for loss or damage of any kind whatever resulting from any failure to furnish or any delay in furnishing personnel or equipment, or from any failure to prevent, control or extinguish any fire or control or mitigate a situation, whether or not such loss or damage is caused by the negligence of the officers, agents or employees of the CITY OF. ELK RIVER cr the FIRE DEPARTMENT, except when such loss or damage is caused by gross negligence or criminals acts by the CITY OF ELK RIVER and/or the FIRE DEPARTMENT. The CITY OF OTSEGO shall indemnify and hold harmless the CITY OF ELK RIVER and/or the FIRE DEPARTMENT from any claims of loss or damage arising from the CITY OF ELK RIVER's undertaking to furnish firefighting Services under this Agreement, except for loss or damage caused by the gross negligence or criminal acts of the CITY OF ELK RIVER or the FIRE DEPARTMENT. Please feel free to call if you have any questions. Sincerely, T. John Cunningham Fire Chief Phone: 763.635.1100 Fax: 763.635.1090 www.ci.elk-river.rnn.us CONTRACT FOR FIREFIGHTING SERVICES This Contract for Firefighting Services ("Agreement") is made and entered into effective January 1, 2011 by and between the CITY OF ELK RIVER, a Minnesota municipal corporation ("CITY OF ELK RIVER") and the CITY OF OTSEGO, a Minnesota municipal corporation ("CITY OF OTSEGO"). IT IS HEREBY AGREED BY AND BETWEEN SAID PARTIES AS FOLLOWS: ARTICLE I: FIRE SERVICE The CITY OF ELK RIVER agrees to furnish, through the Elk River Fire Department ("FIRE DEPARTMENT"), firefighting services ("Services"), as outlined in EXHIBIT A attached hereto, to all properties in the CITY OF OTSEGO located within the area set forth in EXHIBIT B attached hereto ("Fire District"). ARTICLE II: RESPONSE AND RESOURCES The FIRE DEPARTMENT will make reasonable efforts to promptly respond to requests for service ("Fire Call(s)") in the Fire District upon notification of such requests through the FIRE DEPARTMENT's primary public safety answering point ("PSAP"), subject to the following terms and conditions: A. The Fire Chief of the FIRE DEPARTMENT ("Fire Chief'), and/or his/her designee, shall 'be in command of the FIRE DEPARTMENT, including its personnel, equipment and resources, at all times, as outlined in the FIRE DEPARTMENT's policy manual and/or the CITY OF ELK RIVER Code of ordinances. Furthermore, the CITY OF ELK RIVER owns the buildings and equipment associated with the FIRE DEPARTMENT, and the amounts paid by the CITY OF OTSEGO for firefighting Services do not give rise to any ownership interest in, or responsibility toward, those items. B. The safety of FIRE DEPARTMENT personnel and equipment are of the utmost importance when responding to and operating at an incident. The Fire Chief and/or his/her designee shall have the authority to modify and/or cancel a response if road, weather and/or other hazardous condition(s) pose a safety threat to the FIRE DEPARTMENT's personnel and/or equipment. C. The CITY OF ELK RIVER and/or the FIRE DEPARTMENT shall not be liable to the CITY OF OTSEGO, nor to any property within the Fire District, for loss or damage of any kind whatever resulting from any failure to furnish or any delay in furnishing personnel or equipment, or from any failure to prevent, control or extinguish any fire or control or mitigate a situation, whether or not such loss or damage is caused by the negligence of the officers, agents or employees of the CITY OF ELK RIVER or the FIRE DEPARTMENT, except when such loss or damage is caused by gross negligence or criminals acts by the CITY OF ELK Otsego Contract for Firefighting Services with the City of Elk River (Elk River Fire Department) January 1, 2011 RIVER and/or the FIRE DEPARTMENT. The CITY OF OTSEGO shall indemnify and hold harmless the CITY OF ELK RIVER and/or the FIRE DEPARTMENT from any claims of loss or damage arising from the CITY OF ELK RIVER's undertaking to furnish firefighting Services under this Agreement, except for loss or damage caused by the gross negligence or criminal acts of the CITY OF ELK RIVER or the FIRE DEPARTMENT. D. In the event that the FIRE DEPARTMENT is committed and unavailable at the time of dispatch to a call in the CITY OF OTSEGO, the FIRE DEPARTMENT will respond to the call as soon as reasonably possible in the sole discretion of the Fire Chief and/or his/her designee. The Fire Chief and/or his/her designee has the sole authority to prioritize fire calls, to allocate equipment and resources, and to request mutual aid assistance, at his/her discretion and professional judgment. ARTICLE III: PAYMENT For 2011, the CITY OF OTSEGO agrees to pay the CITY OF ELK RIVER an annual fee of $52.28 per parcel of property located within the Fire District, as determined by the Wright County Auditors office. The total cost for 2011 is $169,805.44 (3,248 parcels). The annual fee shall be paid in two equal payments. The first payment shall be made within the month of January and the second payment shall be made within the month of July. The annual fee shall be adjusted on January 1 of each subsequent year that this Agreement is in effect, as follows: A. The number of parcels shall be adjusted to reflect the then current number of parcels located within the Fire District, as determined by the Wright County Auditors office; and B. The total fee shall be determined by result of application of the following formula: TOTAL FEE _ (Approved Annual Fire Department Budget + 15% Administrative Factor + Annual Depreciation of Equipment) x % of Parcels in Fire District C. The per parcel fee over the term of this Agreement after application of the above formula shall not exceed 3% over the fee for the immediately preceding year. The total fee due may increase more than 3% based on the number of parcels in the Fire District. D. The parties shall meet and review the proposed fee increases each year prior to August 1. Page 2 Otsego Contract for Firefighting Services with the City of Elk River (Elk River Fire Department) January 1, 2011 ARTICLE IV: MUTUAL AID Because the FIRE DEPARTMENT has heretofore entered into mutual assistance firefighting agreements with other fire departments, municipalities and agencies possessing equipment and/or personnel, which equipment and/or personnel could be called by the Fire Chief and/or his/her designee to a call in the CITY OF OTSEGO, the CITY OF OTSEGO agrees to pay such additional cost as may be incurred thereby if in the sole judgment of the Fire Chief and/or his/her designee such additional equipment and/or personnel are needed for assistance in the CITY OF OTSEGO and are in fact called upon by the Fire Chief and/or his/her designee. ARTICLE V: FALSE ALARMS All parties acknowledge that excessive false alarms constitute a public nuisance. The CITY OF OTSEGO agrees to enforce its false alarm policy and to collect and forward to the CITY OF ELK RIVER penalties and fees collected from properties within the Fire District for excessive false alarms. ARTICLE VI: TERM This Agreement shall commence on January 1, 2011 and shall expire on December 31, 2015, unless terminated earlier as provided herein. ARTICLE VII: MODIFICATION This writing contains the entire agreement between the parties and no alterations, variations, modifications or waivers of the provisions of this Agreement are valid unless reduced to writing and signed by both the CITY OF ELK RIVER and the CITY OF OTSEGO. This Agreement and the exhibits attached hereto contain the entire agreement of the parties with respect to the subject matter of this Agreement, and supersede all prior negotiations, agreements and understandings with respect thereto. ARTICLE VIII: TERMINATION This Agreement may be terminated at any time during its term by mutual agreement of the parties. Such mutual agreement to terminate shall be in writing and shall be effective when fully executed by both parties. Either party may terminate this Agreement by serving a 365 day written notice of termination to the other party. This Agreement shall terminate 365 days from the date of written notice of termination, unless the party serving the notice specifies a later date of termination or withdraws the notice of termination in writing before it is effective. Page 3 Otsego Contract for Firefighting Services with the City of Elk River (Elk River Fire Department) January 1, 2011 If the CITY OF OTSEGO fails to pay for Services as provided in Article III hereof, the CITY OF ELK RIVER may terminate this Agreement upon 60 days' written termination notice. If the CITY OF OTSEGO fails to reimburse the CITY OF ELK RIVER for mutual aid costs as provided in Article IV hereof, or fails to collect and forward to the CITY OF ELK RIVER penalties for false alarms as provided in Article V hereof, the CITY OF ELK RIVER may terminate this Agreement after 30 days notice to make payment or settle any dispute. In the event that payment is not made, or any dispute is not resolved within the 30 day period, the CITY OF ELK RIVER may terminate this Agreement upon 180 days written termination notice. In the event this Agreement is terminated, the CITY OF OTSEGO shall still be responsible for paying in full any amount owed to the CITY OF ELK RIVER for Services provided under this Agreement up to the date of termination. The CITY OF ELK RIVER shall return any portion of the annual fee already paid allocated for Services provided after the date of termination. Notice to either party shall be made to the city administrator, or city clerk if there is no city administrator. ARTICLE IX: SEVERABILITY The provisions of this contract shall be deemed severable. If any part of this contract is rendered void, invalid, or otherwise unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this contract. Page 4 Otsego Contract for Firefighting Services with the City of Elk River (Elk River Fire Department) January 1, 2011 IN WITNESS WHEREOF, the parties have executed this contract effective on the date indicated above. CITY OF ELK RIVER RV its Mayor. i Si ature Print Name Date City C rk: /—f Signature 1 �" R�("' Print Name CITY OF OTSEGO By its Mayor: Signature Print Name Date City Clerk: Signature Print Name Page 5 Otsego Contract for Firefighting Services with the City of Elk River (Elk River Fire Department) January 1, 2011 EXHIBIT A: SERVICES The CITY OF ELK RIVER and the FIRE DEPARTMENT agrees to provide the CITY OF OTSEGO the following Services, subject to the terms and conditions of the Agreement: • Structural Firefighting, specifically: o Exterior Structural Firefighting o Interior Structural Firefighting • Grass/Forest Firefighting • Other Firefighting, specifically: o Vehicle & Equipment Firefighting • Technical Rescue, specifically: o Vehicle & Equipment Extrication o General Search and Rescue o Surface Ice Rescue o Rope Access/Confined Space Rescue (subject to team availability) • Other, specifically: o Investigation of Fire and Carbon Monoxide Alarms • Hazardous Materials Response, specifically: o First Responder, Awareness Level o First Responder, Operations Level • Emergency Medical Services, specifically: o First Responder Level to Personal- Injury Accidents (as requested and per FIRE DEPARTMENT policy) and to support Technical Rescue Operations • Disaster Response, specifically: o Initial response for rescue, life -safety and incident stabilization (not including emergency management related functions) GP:2898801 v3 Page 6 Otsego Contract for Firefighting Services with the City of Elk River (Elk River Fire Department) January 1, 2011 EXHIBIT B: FIRE DISTRICT Elk River FD Payable 2010 Tax Data 06/15/2010 Legend 0 Elk River FD MUN L 118 Year Ii UN Municipality # Parcels Land Bui ding Machine 'total Market Value 2010 118 Otsego 3248 266,613.300.W 3S4,869,900-00 953,500.00 622,436,700.CO Page 7 Otsego Contract for Firefighting Services with the City of Elk River (Elk River Fire Department) January 1, 2011 Page 8 CW Minnesota Pollution Control Agency CERTIFICATE OF COMMENDATION Awarded to the city of Otsego and its wastewater treatment facility staff Recognizing exemplary effort expended in the year 2010, to comply with the Minnesota Pollution Control Agency's Permit Program. Your efforts help protect and preserve the waters of Minnesota. March 24, 2011 Paul W. Aasen, Commissioner N v ITEM 5_8 Memo To: City Council From: Gary Groen Date: March 9, 2011 Re: Fund Balance Policy Attached with this transmittal is a fund balance policy based on new reporting standards for implementation for the year ended 12/31/11. In addition to the new terminology, I have also included some of the criteria for the determination of appropriate fund balance levels for the various City fund accounts maintained. Please review the draft of this policy and I welcome your input into the process of establishing this policy. • Page 1 %_ POLICY 03.03 FUND BALANCE POLICY Section 03.03.01 Purpose and Intent 03.03.02 Classification 03.03.03 Committing Fund Balance 03.03.04 Assigning Fund Balance 03.03.05 Unassigned Fund Balance 03.03.06 Order of Resource Use 03.03.07 Appropriate Fund Balance Levels SECTION 03.03.01: PURPOSE AND INTENT: A. The implementation of Governmental Accounting Standards Board (GASB) No. 54 is effective for local units of government for the financial reporting year ended December 31, 2011. GASB Statement No. 54 is titled, "Fund Balance Reporting and Governmental Fund Type Definitions" and creates new classifications for reporting the components of fund balance. B. Fund balance needs only to be classified in these categories for external financial reporting purposes. However, in order to capture the information necessary for these classifications, both the City Council and City staff will have significant roles in the classification of the unrestricted fund balance components. C. To affect the reporting of the various components of fund balance will also require input from the City Council and City staff and in many ways will facilitate and document the continuation of long range planning for the City. SECTON 03.03.02: CLASSIFICATON: A. With the 2011 implementation of GASB 54, the fund balance of the governmental funds will be classified in the year end financial report as follows, expanding the classification from three to five categories: Nonspendable 2. Restricted 3. Unrestricted — committed 4. Unrestricted — assigned 5. Unrestricted — unassigned B. Incorporated by reference with this policy is a table that includes each classification, its definition and some examples to help explain the definition and purpose of each classification. C. Both the nonspendable and restricted fund balance categories result from requirements or restraints that are placed on the City's assets by external factors, whether it is the nature of the asset affecting the ability to expend the resource or externally imposed restrictions of others. Examples of nonspendable fund balance would include inventories, prepaid items, and permanent principal of an endowment fund. Examples of restricted fund balance would include fund balance restricted by statutes, unexpended bond proceeds, debt covenants, taxes dedicated to a specific purpose, etc. D. The unrestricted fund balance has three components and is reported as committed, assigned or unassigned based on the actions of the City Council and/or staff. SECTON 03.03.03: COMMITTNG FUND BALANCE: A. Council resolution, which is the highest level of decision-making authority in the City, will be required to "commit" available fund balance to a specific purpose. B. Once City Council action has been taken, the "committed" funds cannot be used for any other purpose unless the commitment is rescinded by the same type of council action. C. Council resolution will be required prior to the year end but actual amounts committed may be determined following the year end as the final balances are determined. SECTION 03.03.04: ASSIGNING FUND BALANCE: Authority to "assign" available fund balance may be delegated to City staff after year end. Actual amounts may also be determined after year-end. In governmental funds, other than the General Fund, the assignment must follow the intent for the specific purpose of the individual fund. As a result, all remaining fund balances of special revenue, debt service and capital projects funds are classified as assigned. SECTON 03.03.05: UNASSIGNED FUND BALANCE: The components of unassigned fund balance will include all remaining fund balances not classified elsewhere. SECTION 03.03.06: ORDER OF RESOURCE USE: As expenditures are incurred, the resources will be applied in the same order as the hierarchy above and the following: A. Restricted funds will be used to finance expenditures prior to the use of any unrestricted funds. B. The unrestricted monies will be applied in the same order as the hierarchy as well with committed funds first applied to the expenditure, then any assigned funds will be applied and lastly the unassigned fund balance will be used to finance the balance of the expenditures. SECTION 03.03.07: APPROPRIATE FUND BALANCE LEVELS: A. The "fund" is the basic accounting entity of the City and the City may have several "funds" depending upon the use for which each has been established. The fund balance represents the available net assets, or assets less the liabilities within each fund of the City. Fund balance requirements of a particular fund may vary significantly based on the purpose of the fund and the resources financing the activities accounted for within the fund. B. The General Fund is the most important fund of the City and accounts for all activities not required to be accounted for in a separate fund. The General Fund, like all other governmental funds, must maintain a minimum fund balance to provide adequate working capital/cash flow so all expenditures will be paid as they come due. The reason the City maintains a fund balance in the General Fund are as follows: For Working Capital/Cash Flow: The expenditure activities of the General Fund are financed primarily by general property taxes and state aids. The general property tax revenues and state aids are received at specific dates during the calendar year. Currently the general property tax settlements, which accounted for 82% of the General Fund revenues in 2011, are received by the City in July and December each year. As the general property taxes are the major revenue source of the General Fund, the fund balance must be sufficient to finance the expenditures for a five to six month period between the property tax settlements. 2. For a Revenue Shortfall: The fund balance in the General Fund should be sufficient to absorb revenue reductions from state sources or other sources as well. While the state aid received by the City is currently less than 5% of the total budgeted expenditures, it is expected the impact of revenue reductions from state sources will have a minimal impact on the budget in any given year. 3. For Unexpected Expenditures: The fund balance of the General Fund should be sufficient to absorb any unexpected expenditures that would not be financed by other revenue sources of the City. While the scope of these examples would be difficult to quantify, the City must have sufficient fund balance to absorb unanticipated expenditures within the scope of the General Fund. The City also maintains general property and liability insurance to replace losses of City property with only a minimal deductible in the current policies which serves the purpose of reducing the City's exposure to catastrophic events. C. Minimum Fund Balance: General Fund: a. The minimum fund balance requirements of each fund of the City will be evaluated on an individual basis taking into consideration the working capital/cash flow requirements, the ability to absorb a revenue shortfall or unexpected expenditures. b. The General Fund minimum fund balance policy is established based on the current flow of revenues. If or when such revenues flows are changed or the percentage of General Fund revenues derived from general property taxes changes, minimum fund balance requirements may also change. As the level of activity (expenditures) in the General Fund increases, it is expected the minimum fund balance should increase also. The Office of the State Auditor has established a written policy indicating the fund balance should be approximately 35 to 50% of the budgeted expenditures of the subsequent year or no less than five months of the budgeted expenditures. C. The City Council has established the minimum fund balance in the General Fund as forty five (45%) percent of the subsequent) ears' expenditures. If year end fund balance levels exceed the forty five (45%) percent level, the excess fund balance will be transferred to the Revolving Capital Improvements Fund and reported as such in the year end financial statements. The City Council will review the future use of any amounts transferred to the Revolving Capital Improvements Fund and may determine that the monies may be used for any public purpose and may be committed, assigned or remain as unassigned. If the fund balance is reduced below the forty five (45%) level established, the council will determine if the monies necessary to achieve the minimum fund balance will be identified within other funds of the City or a future property tax levy will be increased to finance the deficiency. N d. The minimum fund balance policy will be reviewed every year during the annual budget process or more frequently if General Fund financing would change. 2. Other City Funds: The City Council and City staff will review the fund balance requirements of all funds at the conclusion of the annual audit. Recommendations from the auditors and finance department will be presented to the City Council for their review and approval. Fund Balance Classifications/Definitions for Governmental Funds The fitnd balances of a local government's goverrrmental funds should be reported in the new classifications based on ttte dctinitions in the tollowin'- table: Froin Balance Reporting Classification Definition Evainj)les• Nonspendable "Amounts that cannot be spent because they are 0 Inventories, either (a) not in spendable form or (b) legally or . Prepaid items, contractually required to be maintained intact." 0 Lune -term receivables, and • permanent principal of endowment funds. Restricted ' Fund balance should be reported as restricted when • Restricted by state statute, constraints placed on the use of resources are either: 0 Unspent bund proceeds, a. f xtemally imposed by creditors (such as . Grants earned but nut spent, through debt covenants), grantors, 0 Debt covenants, contributors, or laws or regulations of other . "faxes dedicated to it specific governments; or purpose, and b. Imposed by law through constitutional Revenues restricted by provisions or enabling legislation. enablinc legislation. Committed Used for specific purposes pursuant to constraints . The governing board has imposed by formal action of the guverrtnnent's decided to set aside SIM for a highest level of decision-making authority"' new city hall. • Property tax levies set for a s ecific purpose by resolution. Assioned "Amounts that are constrained by the government's • Governing board has set aside intent to be used fur specific purposes, but are S2 million for a county neither restricted nor committed"' hospital and the county manager may amend this up to S100,000. :J u0 Governing body delegates the authority to assign fund balance to the finance officer. c0 Governing board has appropriated fund balance usually titled "subsequent year's expenditures'" • Positive residual balances in governmental funds other than the general fund. Unassigned Unassigned find balance is the residual classification for the General Fund. This is fund balance that has not been reported in any other classification. The General Fund is the only fund that can report a positive unassigned fund balance. Other governmental funds would report deficit fund balances as unassigned.' 3 GASB Statement No. 54,116 J GASB Statement No. 54, ¶ 8 5 GASB Statement No. 54, ¶ 10 GASB Statement No. 54, ¶ 13 7 See appropriated fund balance section of this document. M GASB Statement No. 54, Ii 17 Reviewed: Deccrnber 2010 2 2010-1003 Revised: NA RESOLUTION NO.: 2011 -18 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION ADOPTING A FUND BALANCE POLICY. WHEREAS, the City of Otsego is implementing the Governmental Accounting Standards Board (GASB) No. 54 for the financial reporting year, which creates new classifications for reporting the components of fund balance; and, WHEREAS, the City Council finds it necessary to establish a policy regarding Governmental Accounting Standards Board (GASB) No. 54 and fund balance; and, WHEREAS, the Finance Director has prepared a Fund Balance Policy attached hereto; and, WHEREAS, the Administrative Subcommittee on 9 March 2011 reviewed the Fund Balance Policy and recommends it's approval. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego that the Fund Balance Policy is hereby adopted and shall be in full force and effect. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: 2011. ADOPTED by the City Council of the City of Otsego this 11th day of April ATTEST: Tami Loff, City Clerk CITY OF OTSEGO BY: Jessica Stockamp, Mayor 0 ITEM 7_1 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.6840 Facsimile: 763.427.052.0_ TiPCTFCQP1anningco.00M MEMORANDUM TO:. Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 5 April 2011 RE: Otsego — Jet -Vac Disposal Site agreement TPC FILE: 101.01 BACKGROUND Public Works and Utility Operations staffs have been working to identify a disposal site for waste collected by the City's Jet -Vac truck. City staff looked at a number of options for disposing of this waste including going to a landfill, disposal at a Metropolitan Council Facility, sharing facilities with another community or constructing a disposal site on City property. City staff visited the disposal sites in St. Michael and Maple Grove as part of this process. St. Michael City staff and Otsego City staff further discussed the fees that Otsego would be charged for use of St. Michael's disposal site at their waste water treatment facility. The rates proposed by St. Michael are shown below: $500.00 for each "dirty load", defined as a load containing rags or numerous solids such as loads originating from lift station maintenance. 2. $350.00 for each "semi dirty load", defined as a load with some solids such as sand and gravel. 3. $200.00 for each "clean load", defined as a load with practically no solid content. City staff believes that the proposed fees are reasonable in comparison to other options for disposing of the Jet -Vac waste and the accessibility of the St. Michael facility. The fees would paid from the appropriate Otsego budget fund depending on the work being done, The Public Works Subcommittee reviewed the proposed rates and concurred with City staffs findings. In order to use the St. Michael WWTF as a disposal site, a modification to the Jet -Vac truck is required to assist in the dump. This modification would be for Public Works staff to add a flow thru pipe and valve to the base of the back gate on the Jet -Vac truck. City staff estimates that the modification of the Jet -Vac truck will take four hours labor and cost $500.00 for material. Finance Director Groen recommends this cost be allocated from the sewer operations fund. A draft agreement was prepared by the City Attorney and reviewed by St. Michael City staff to allow Otsego use of the St. Michael Jet -Vac disposal site. The Otsego City Council will consider the agreement at their meeting on 11 April 2011. The St. Michael City Council will subsequently consider the agreement at their meeting on 12 April 2011. Exhibits: A. Agreement RECOMMENDATION City staff recommends approval of the proposed agreement as presented. POSSIBLE ACTIONS A. Motion to approve an agreement with the City of St. Michael for use of their Jet - Vac disposal. B. Motion to table. C. Tami Loff, City Clerk Gary Groen, Finance Director Brad Belair, Public Works Supervisor Steven Bot, St. Michael City Engineer/PW Director/Assistant Administrator E AGREEMENT BETWEEN THE CITY OF OTSEGO AND CITY OF ST. MICHAEL REGARDING OTSEGO USE OF ST. MICHAEL WASTE WATER TREATMENT FACILITY FOR DUMPING JET -VAC TRUCK LOADS AGREEMENT made this day of April, 2011, between the CITY OF OTSEGO (OTSEGO), a Minnesota municipal corporation and the CITY OF ST. MICHAEL (ST. MICHAEL), a Minnesota municipal corporation. ST. MICHAEL agrees to make available to OTSEGO use of its Wastewater treatment facility for periodic, scheduled dumps of municipal waste from OTSEGO's Jet -Vac Truck, on the following terms and conditions. 1. Loads will be scheduled by and between OTSEGO and ST. MICHAEL Public Works Departments. 2. OTSEGO will pay to ST. MICHAEL $500.00 for each "dirty load", defined as a load containing rags or numerous solids such as loads originating from lift station maintenance. 3. OTSEGO will pay to ST. MICHAEL $350.00 for each "semi dirty load", defined as a load with some solids such as sand and gravel. 4. OTSEGO will pay to ST. MICHAEL $200.00 for each "clean load", defined as a load with practically no solid content. 5. ST. MICHAEL will define if a load being dumped by OTSEGO is a dirty, semi -dirty or clean load. 6. ST. MICHAEL will invoice OTSEGO monthly for use of its facilities. 7. OTSEGO will pay invoices submitted by ST. MICHAEL within 30 days of receipt. This AGREEMENT can be amended or modified from time to time by mutual written agreement of the parties. This AGREEMENT can be terminated by either party upon 30 days written notice. CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk CITY OF ST. MICHAEL Jerry Zachman, Mayor Diana Berning, City Clerk CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA BY: Ronald J. Wagner, Otsego City Engineer DATE: April 6, 2011 RE: Great River Center Agreement BACKGROUND ITEM 9_-1 REQUEST FOR COUNCIL ACTION Last year, the City of Otsego and the Developer of Great River Center (Appello) came to an Agreement regarding the required infrastructure completion. (See attached Agreement.) The City granted an extension to Appello to complete all work remaining. The extension had a completion date of July 15, 2011. If, due to economic reasons, Appello was unable to complete its obligations they could request further extensions as long as they requested this from the Council in writing prior to April 15, 2011. Staff contacted Appello informing them that the request for extension deadline was fast approaching. Attached is Appello's extension request. Financial Issues: Cost: Cost of Improvements Remaining = $675,000 Source: LOC (Expires Nov, 2011) = $300,000 Budgeted: Not Budgeted beyond LOC Council may elect to assess costs to benefitted property beyond LOC Supporting Information: A single lift of asphalt on 85th Street and Quaday Avenue will continue to deteriorate. "Throw and go" patching may be necessary as an interim measure with all costs paid by Appello as per Agreement. RECOMMENDATION Staff recommendation would be for Council to table the item until accommodations are made to extend the LOC. Staff proposes expiration to coincide with Developer's extension of July 15, 2012. At that time Staff may recommend Council approval of the extension to the agreement. POSSIBLE ACTIONS ot2296Request for Council Action(Tami) April 6, 2011 City Council Members City of Otsego c/o Tami Loff, City Clerk 8899 Nashua Avenue NE Otsego, MN 55330 RE: Appello-City of Otsego Agreement -Great River Center Dear Council Members: Pursuant to the Agreement between Appello Group, LLC and the City of Otsego, dated July 12t', 2010 Appello is requesting an extension of the Agreement for completion of the remaining public improvement associated with the Great River Center. Presently, the market conditions for the development of commercial real estate in the Otsego area and throughout the entire metropolitan area are best characterized as extremely difficult. Furthermore, Appello lacks the internal financial resources to pay for these improvements until funds become available through the sale and subsequent escrow of certain funds for the purpose of constructing the public improvements. At present, Appello is not aware of any actual or prospective closings of properties that would satisfy the obligations of these public improvements. The 21" Century Bank as the Lender to the Appello Group, LLC and the issuer of the Letter of Credit on behalf of the Appello Group affecting the Great River Center, has consented to the Agreement extension. However, the Letter of Credit will terminate on November 30, 2011 to coincide with the maturity of the Appello loan. Dated: Appello Group, LLC By: Its: City Of Otsego Mayor: City Clerk: A. Motion to approve an extension of the agreement between the City of Otsego and Appello Group LLC regarding completion of public improvements within Great River Center. Current LOC expires November 2011. 13. Motion to table item until Appello provides $300K LOC with expiration date of July 15, 2012. C. Motion to deny an extension of the agreement between Otsego and Appello Group LLC regarding completion of public improvements within Great River Center. ot2296Request for Council Action(Tami) Page 1 of 2 Ron Wagner From: Jon Dolphin Bdolphin@21stcenturybank.comj Sent: Monday, April 04, 2011 3:12 PM To: Ron Wagner; centennialcap@gmail.com Cc: Andy MacArthur Subject: RE: GRC Agreement Gentleman: The only comment that I can make related to this email has to do with the Letter of Credit. It is already extended through November 2011. I don't have ability to extend it beyond that date at this point as the maturity date of the loan is November of 2011. I will let Roger speak to the other items contained within this email. Sincerely, JFD Jonathan F. Dolphin President -Chief Operating Officer 21st Century Bank jdolphin@21stcenturybank.com Direct phone - (763) 792-3716 Note: The information in this e-mail is confidential and may be legally privileged. It is intended solely for the addressee(s). Access to this e-mail by anyone other than the recipient is unauthorized. If you are not the intended recipient, any disclosure, reproduction, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful. From: Ron Wagner [mailto:RonW@hakanson-anderson.com] Sent: Monday, April 04, 20113:08 PM To: Jon Dolphin; centennialcap@gmail.com Cc: Andy MacArthur Subject: GRC Agreement Roger/Jon, According to the agreement signed last summer between the City of Otsego and Appello, Appello has until April 15th to request an extension if the commercial real estate market has not turned around. We have only one more council 4/6/2011 Page 2 of 2 meeting (April 11th) prior to that date and the request would need to be in Tami's hands by April 6th. I have attached a copy of the signed agreement. Appello should keep in mind the LOC will need to be extended and any costs associated with repairs to the non conforming and unapproved sections of pavement will be Appellos per the agreement. Any questions contact Andy or I Thanks 0 Ronald J. Wagner, CEO 3601 Thurston Avenue Anoka, MN 55303 (763) 427-5860 phone (763) 427-0520 fax 4/6/2011 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA AGREEMENT BETWEEN THE CITY OF OTSEGO AND APPELLO GROUP, LLC REGARDING COMPLETION OF PUBLIC IMPROVEMENTS WITHIN GREAT RIVER CENTRE AGREEMENT entered this 12th day of July, 2010 between Appello Group, LLC (APPELLO), a Minnesota Limited Liability Company and the City of Otsego (CITY) a municipal corporation under the laws of the State of Minnesota. WHEREAS, APPELLO and CITY previously entered into an agreement regarding completion of certain public improvements, and more specifically a final lift of bituminous on roads within the Plat of GREAT RIVER CENTRE; and WHEREAS, pursuant to that Agreement, said public improvements were to be completed by June 1, 2010 utilizing, in part, funds escrowed for that purpose with 21St Century Bank; and WHEREAS, APPP-LLO has not completed said public improvements by June 1, 2010; and WHEREAS, the Otsego City Council by resolutions adopted at a regularly scheduled City Council meeting on June 14, 2010 authorized City staff to draw on the escrow and Letter of Credit for the purpose of completing the public improvements; and WHEREAS, representatives of APPELLO appeared at the above mentioned meeting and requested a delay by the CITY in drawing the escrow and Letter of Credit funds; and WHEREAS, the CITY agreed to delay the draws in order to allow APPELLO to meet with City staff to bring forward a written agreement to complete the public improvements by a date certain. NOW, THEREFORE, IT IS AGREED between the Parties as follows: 1. APPELLO agrees with the conclusion of the City Engineer that the roadways (specifically Quaday Avenue from 87th Street to 85th Street and 85th Street from CSAH 42 to Quaday Avenue) within GREAT RIVER CENTRE that have not received a final lift of bituminous have deteriorated to such an extent that those roadways will have to be re -milled and an adequate base will have to be laid prior to application of a wear course of bituminous. APPELLO agrees that this substantially increases the estimated cost of the work to be completed. Further, APPELLO specifically agrees not to raise the issue of the adequacy of the initial laying of the base course or oversight with the CITY and agrees to waive any and all possible claims or causes of action against the City and its employees, agents and contractors based upon such allegations. 2. APPELLO agrees to utilize the funds being held in escrow as well as its own funds to immediately complete to the reasonable satisfaction of the City Engineer by August 1, 2010 the following improvements: a. Placement of wear course on Parsons Avenue between 85th and 87t" Streets. b. Complete the concrete median within 85th Street between Parrish and Parsons Avenue. c. Install street lighting within the boulevard along the south side of 85' Street from CSAH 42 through the new Twin City Orthopedic lot. The City Engineer estimates that six (6) street lights will be installed; and infrastructure for up to six (6) additional street lights will be completed. 3. APPELLO agrees to fully complete removal of existing base course and installation of new base course and wear -course on 85t' Street and Quaday Avenue as set forth in the City Engineer's e-mail to City staff and APPELLO dated May 28, 2010 to the satisfaction and approval of the City Engineer by July 15, 2011 utilizing fluids escrowed from any closing occurring between the date of execution of this Agreement and July 15, 2011. Additionally, all other required public improvements (landscaping, street lights, trails/sidewallcs) shall also be completed by July 15, 2011 unless otherwise agreed to by CITY. APPELLO shall notify CITY of any and all closings for properties within GREAT RIVER CENTRE and shall prior to the closing disclose any amounts available from that closing to be placed in escrow for the purpose of constructing the additional public improvements. Any funds available for that purpose, as reasonably determined by CITY, and approved by APPELLO's lender, shall be placed in escrow for that purpose. In the event that at anytime, fiords available for escrow exceed the estimated amount of the remaining public improvements, APELLO shall use all available excess funds for the purpose of paying assessments for CSAH 42 related to this project. The obligation to escrow for public improvements shall remain in force and effect until such time as all CITY required public improvements within the Plat have been constructed to the reasonable satisfaction of the City Engineer and sufficient surety is available to cover all applicable warranties. In the event that objective market conditions exist that will hinder or delay APPELLO's ability to meet timelines set forth in this paragraph, APPELLO shall contact the CITY by April 15, 2011 requesting an extension or modification of the extent of work to be completed within the timeline. APPELLO shall provide sufficient information regarding said market 2 conditions and APPELLO's financial position to the CITY in order for the Council to make an informed decision as to whether or not a proposed modification will be approved or denied or whether an alternative modification should be made. 4. APPELLO agrees to keep in force and effect at all times from this date forward the required Letter of Credit in at least the amount of $300,000.00 for purposes of assuring CITY that all public improvements are completed and that assessments and taxes on GREAT RIVER CENTRE are timely paid as required by the Developer's Agreement and addendums thereto. This provision is to insure that the CITY always has available to it security to cover the costs of public improvements that must be finished by CITY and to assure that taxes and assessments on the Plat are timely paid. In the event that the CITY must draw upon any posted Letter of Credit for the purpose of completing public improvements as set forth in this Agreement, APPELLO must immediately cause there to be a replacement Letter of Credit in the same amount, and in force and effect for a period of not less than one year from the date of posting the Letter of Credit. Any new Letter of Credit must contain an automatic renewal provision and be issued by an FDIC approved and insured banking or lending institution with an office at which the Letter of Credit can be delivered to draw upon within fifty (50) miles of CITY. S. This current Agreement does not affect any of the terms and conditions of those previous Developers Agreement and amendments thereto between APPELLO and CITY, unless specifically amended or modified by this Agreement. All other terms and conditions of the previous Developers Agreement and amendments thereto shall remain in full force and effect. 6. Any and all required upkeep and repair (such as potholes and crack sealing) of those portions of the road (85t' and Quaday) which will not receive the wear course until next year as well as prompt mowing of all lots within the Plat, are the responsibility of APPELLO. Any such required repairs or mowing, as determined at the reasonable discretion of the CITY, shall be promptly undertaken and completed by APPELLO upon receipt of notice of the same from the CITY. hi the event that APPELLO does not promptly make the repairs as required by the City Engineer or undertake mowing as required by the City Administrator, CITY may make such repairs and/or undertake mowing and bill the costs of the repair or mowing as well as any attendant administrative, legal, engineering, planning or other costs incurred by the CITY to APPELLO which shall promptly (within thirty days) make such payment. If APPELLO fails to pay for any costs CITY may draw upon any available escrow or security that it holds to cover these costs plus interest and/or assess the costs against any property within the Plat owned by APPELLO. Failure to immediately pay any such repair costs shall be considered a material breach of this Agreement, and CITY may immediately terminate the Agreement. 3 Dated: /-- /'� fl D APPELLO GROUP LLC V' By: Its Dated: /-1,-2i /0 CITY OF OTSEGO Ormuk --),dzT Jes i a Stockamp, Mayor An mi4m &A Tauri Loff, City Clerk CONSENT 21St Century Bank as Lender to Appello Group LLC and as the issuer of a Letter of Credit on behalf of Appello Group, LLC affecting Great River Centre, has reviewed this Agreement and consents to its terms and conditions. Dated: / / r'/'q 211T CENTURY BANK B�� Its (//C e 4 Engineers Estimate Great River Centre Project Completion City of Otsego Schedule "N'- STREETS Attachment B Item No. S ec. No. Descri tion Estimated QuantityContract Unit Price Contract Amount 1 21.04.501 . REMOVE CONCRETE CURB 15 LF $10.00 $150.00 2 2105.501 REMOVE SILT FENCE 1,500 LF $0.60 $900.00 3 2105.501 COMMON EXCAVATION 1,462 CY $11.00 $16,082.00 4 2211.501 CLASS 5 AGGREGATE BASE 1,622 TON $15.00 $24,330.00 5 2232.501 MILL BITUMINOUS SURFACE 110 SY $12.00 $1,320.00 6 EPDXY PATCH CONCRETE REPAIR 5 EA $30.00 $150.00 7 2301.603 SAW & SEAL CONCRETE CRACK REPAIR 15 EA $30.00 $450.00 8 RECLAIM AND REMOVE 14,810 SY $2.00 $29,620.00 9 2350.501 TYPE MV 4 NON WEARING COURSE MIXTURE B 1,740 TON $55.00 $95,700.00 10 2350.501 TYPE LV 4 WEARING COURSE MIXTURE B 1 540 TON $60.00 $92,400.00 11 2357.502 BITUMINOUS MATERIAL FOR TACK COAT 775 GAL $2.50 $1.937.50 12 2401.515 6' WIDE CONCRETE SIDEWALK, 4" THICK 3,040 SY $30.00 $91,200.00 13 2401.515 CONCRETE MEDIAN, 4" THICK SY $40.00 $0.00 14 2401.603 CONCRETE CURB, B618 15 LF $25.00 $375.00 15 2504.602 ADJUST VALVE BOX 11 EA $175.00 $1,925.00 16 2506.522 ADJUST FRAME AND RING CASTING 10 EA $300.00 $3,000.00 17 2582.501 PAVEMENT MESSAGE ARROW - PAINT 14 EACH $50.00 $700.00 2582.502 4" DOUBLE SOLID LINE YELLOW - PAINT 2,133 LF $0.16 $341.28 2582.502 4" SOLID LINE WHITE - PAINT 1,730 LF $0.08 $138.40 L2022 2582.502 4" BROKEN LINE WHITE - PAINT 510 LF $008 $40.80 2582.503 CROSSWALK MARKING 3'X6' BLOCKS - PAINT 648 SF $1.25 PREPARE AS -BUILT CONSTRUCTION & GRADING PLANS 1 1 LS $5,000.00 $810.00 $500000 Schedule "A" - STREETS Overhead for Engineering, Legal and Construction Contigencies Total Schedule "A" - STREETS Schedule "B" - LANDSCAPING AND LIGHTING $366,569.98 $91,642.50 $458,212.48 Item No. 1 Sec. No. Description Estimated Quantity Contract Unit Price Contract Amount 2 2575.501 LIGHTS = (44-(6-0.5)) SEEDING MnDOT 260 MIX 41 EA $2,000.00 $8200000 3 2575.505 SODDING 0.5 AC $1,250.00 $625.00 4 TREES 5,700 SY $5.00 $28,500.00 5 2575.607 COLORED MULCH 1/3 YD Der TREE 112 38 EA CY $250.00 $28 000.00 6 IRRIGATION $75.00 $2,850.00 1 LS $30,000.00 $30,000.00 Schedule "B" - LIGHTING AND LANDSCAPING $171,975.00 Overhead for Engineering, Legal and Construction Contigencies $42,993.75 Total Schedule "B" - LIGHTING AND LANDSCAPING $214,968.75 Total Schedule "A" STREETS $458,212.48 Total Schedule "B" LIGHTING AND LANDSCAPING $214,968.75 TOTAL ALL SCHEDULES $673,181.23 SUMMARY: Construction Costs $638,544.98 Overhead for Engineering, Legal and Construction Contigencies $134,636.25 TOTAL PROJECT COSTS $673,181.23 0t2296EngEst 2011(completion).As Completion Esllmate 1 4/6/2011 4:03 PM ITEM 10_1 COURT, MACARTHUR & RUPPE, P.L.L.P Attorneys at law Michael C. Couri* 705 Central Avenue East Sarah E. Schwarzhoff Andrew J. MacArthur PO Box 369 Robert T. Ruppe * * St. Michael, MN 55376-0369 (763) 497-1930 *Also Licensed in Illinois (763) 497-2599 (FA -Ag *A Licensed in California www. courimacarthur. com April 6, 2011 City Council Members City of Otsego c/o Tami Loff, City Clerk 8899 Nashua Avenue NE Otsego, MN 55330 RE: Waterfront East- Bank Iowa and Glenwood State Bank and GCI Capital, Inc. Request for Authorization to Participate in Mediation Dear Council Members, The two other attorneys involved in this matter and I have discussed the possibility of proceeding to mediation in this matter. As the matter involves the Letter of Credit and the underlying Developer's Agreement and its interpretation, it would be beneficial for the City to participate in this process as opposed to being involved in subsequent litigation. The mediation is not binding unless agreed upon by all parties. I would want to have two Council members available to be involved in the mediation. The mediation would only be scheduled for one day. Tentatively, and subject to City Council approval, the attorneys involved have arrived at a scheduled date of May 19 and have agreed upon retired Hennepin County District Judge Steven Lange as the mediator. I have attached Judge Lange's resume. I would like the City Council to approve participation in the mediation and appoint two Council members to attend the tentatively scheduled mediation. Letter to Otsego City Council April 6, 2011 Page 2 If you have any questions regarding this matter I will be available to answer them at the regularly scheduled City Council meeting on Monday, April 11. Very trul yon, Zdr�l. M'ac,, ur CCOTJRI, IARTHUR & RUPPE, PLLP Encl. Steven Z. Lange District Court Judge, Retired Professional Resume Telephone: 612-799-9116 E-mail: lang_eiudge@msn.com Judge Lange recently retired from the Hennepin County District Court bench after nearly 20 years of service. During his tenure, he established a reputation for having a strong work ethic, being knowledgeable, and extremely fair. In 1994 and 2000, the Hennepin County Bar Association conducted a blind retention poll of its civil practitioners. More than 95 percent of the 1,500 litigators who had appeared before Judge Lange in the six years preceding each poll voted in favor of his retention on the bench. A few of the more significant cases presided over by Judge Lange over the years includes: Foust v. McFarland, 698 N.W.2d 24 (Minn. App. 2005); Sentinel Management Company v. Aetna Casualty and Surely Company, 615 N.W.2d 819 (Minn. 2000); Minneapolis Community Development Agency v. Opus Northwest, LLC, 582 N.W.2d 596 (Minn. App. 1998); Upper Midwest Sales Company v. Ecolab, Inc., 577 N.W.2d 236 (Minn. App. 1998); State of Minnesota by Nina Archibal v. County of Hennepin, et al., 495 N.W.2d 416 (Minn. 1993); Brooks v. Doherty, Rumble & Butler, 481 N.W.2d 120 (Minn. App. 1992); Wirig v. Kinney Shoe Corporation, 461 N.W.2d 374 (Minn. 1990); Benson v. Northern Gopher Enterprises, Inc., 455 N.W.2d 444 (Minn. 1990). Prior to his appointment to the bench in 1986, Judge Lange was a partner of Katz, Lange & Manka, Ltd., a Minneapolis litigation firm of which he was one of the founding partners. During the 20 years that Judge Lange was in practice, he litigated a wide variety of matters including commercial, real estate, product liability, personal injury, malpractice, and employment cases. Judge Lange was always known as a very capable litigator, whose conduct was characterized by personal courtesy and professional integrity. Now, Judge Lange is embarking on the next phase of his legal career. Not only will he continue his public service as a retired judge, but he will bring his 40 years of civil experience to his ADR practice. In so doing, he will be available to conduct mediations, arbitrations, trials, and to serve as a Special Master. Education B.A., 1960 University of Minnesota, Magna Cum Laude, Phi Beta Kappa J.D., 1963 University of Minnesota Law School MEDIATION I ARBITRATION I TRIALS I SPECIAL MASTER OURI, MACARTHUR & RUPPE PLLP Memo To: Otsego City Council From: Andy MacArthur, City Attorney CC: Dan Licht, Gary Groen Date: April 6, 2011 Re: Beaudry Farm Lease Background: Brian Beaudry uses the City property next to the West Wastewater Treatment Plant to grow and harvest hay. The City should have written leases regarding all City properties being utilized by others, setting forth what is allowed on the property and the responsibilities of the tenant. The lease allows Mr. Martinson to retain the crops on the property, but relieves the City of the responsibility of mowing that property. Exhibit A to the lease shows the property to be farmed. I think it is preferable that these leases be approved yearly rather than having automatic extensions. RECOMMENDATION: Staff recommends that the City Council adopt by motion the proposed Lease as presented. 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into by the City of Otsego, a Minnesota Municipal corporation (hereafter referred to as the "Lessor") and Brian Beaudry (hereafter referred to as the "Lessee"). 1. RENT. Lessee shall pay to Lessor, at Lessor's address, a yearly rent for the premises of $1.00 (the "Rent"). The Rent shall be payable in advance on the first day of the year throughout the term of this Lease. 2. THE PREMISES. In consideration of the Rent and covenants provided for herein, Lessor agrees to lease to Lessee, and the Lessee hereby agrees to lease -- acres of City property as designated in attached Exhibit A. 3. DUTIES 3.1 Lessee shall be responsible for any liability created as a result of Lessee's use of the property, including any accidents occurring on the Premises. Lessee shall maintain insurance to cover any and all such liability listing Lessor as an additional insured; 3.3 Lessee shall be allowed to use the premises for farming, specifically for the purpose of growing and harvesting hay. 4. HOLD HARMLESS AND INDEMNIFY. Lessee shall fully indemnify, defend, and hold harmless Lessor from any and all claims, lawsuits, and causes of action of any nature and of any kind related to Lessee's operation within or use of the Premises. 5. SURRENDER UPON TERMINATION. Lessee shall, on or before expiration of the Lease term, surrender the Premises in its present condition (reasonable wear and tear and damage by elements excepted) free of any personal property. 6. RIGHT OF ENTRY. Lessor and its representatives may enter the Premises at any reasonable time to inspect the Premises or perform any work which Lessor elects or is required to undertake. People's Service may enter the Premises at any time which is necessary to perform tasks related to their contract with Lessor. Lessor shall undertake to provide advance notice to Lessee of its entry, when possible. In Emergency situations, as determined at the sole discretion of the Lessor, Lessor and its representatives (which includes People's Service) are to be provided full and immediate access to the Premises. In the event that Lessee defaults on any term or condition of this Lease, Lessee shall provide immediate Right of Entry to Lessor to inspect, take control of the Premises, or perform any work necessitated by the breach of this Lease. 7. SUBLETTING AND ASSIGNMENT. Lessee shall not, without prior written consent of Lessor, assign, mortgage or encumber this Lease, nor sublet or permit the Premises or any part thereof to be uses by others than Lessee. 8. INSURANCE. Lessee shall have in force and effect at all times relative to this Lease statutory general liability insurance in an amount acceptable to Lessor. 9. LEASE TERM. The Lease term shall be a one year tenancy, commencing on January 1, 2011. This Lease may be terminated by either party upon 30 days written notice. IN WITNESS HEREOF, the Parties have hereunto set their hands the day and year first written above. CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk BRIAN BEAUDRY 2 Memo To: Otsego City Council From: Andy MacArthur, City Attorney CC: Dan Licht, Gary Groen Date: April 6, 2011 Re: Martinson Farm Lease Background: Mr. Martinson uses the City property next to and behind the Public Works Building to grow crops. The City should have written leases regarding all City properties being utilized by others, setting forth what is allowed on the property and the responsibilities of the tenant. The lease allows Mr. Martinson to retain the crops on the property, but he must also make any necessary preparations for biosolid application and the crops grown on the property must be approved by the City Exhibit A to the lease shows the property to be farmed. I think it is preferable that these leases be approved yearly rather than having automatic extensions. RECOMMENDATION: Staff recommends that the City Council adopt by motion the proposed Lease as presented. 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into by the City of Otsego, a Minnesota Municipal corporation (hereafter referred to as the "Lessor") and Chad Martinson (hereafter referred to as the "Lessee"). 1. RENT. Lessee shall pay to Lessor, at Lessor's address, a yearly rent for the premises of $1.00 (the "Rent"). The Rent shall be payable in advance on the first day of the year throughout the term of this Lease. 2. THE PREMISES. In consideration of the Rent and covenants provided for herein, Lessor agrees to lease to Lessee, and the Lessee hereby agrees to lease 14 acres of City property as designated in attached Exhibit A. 3. DUTIES 3.1 Lessee shall be responsible for any liability created as a result of Lessee's use of the property, including any accidents occurring on the Premises. Lessee shall maintain insurance to cover any and all such liability listing Lessor as an additional insured; 3.2 All crops shall be maintained as provided in the Land Application of Biosolids, chapter 11, pages 166-167, and subject to approval of Lessor's representative from People's Service, Inc.; 3.3 Lessee shall be allowed to use the premises for farming, however, Lessee shall only farm crops that are approved by the Lessor. The choice of crop is subject to the approval of Lessor's representative from People's Service, Inc. Lessee shall notify the Lessor's representative prior to the planting of crops; 3.4 Lessee shall be responsible for the preparation of the Premises to accommodate Lessor's need for sludge and biosolids disposal. All costs related to this preparation shall be Lessee's responsibility. Lessee shall consult with Lessor's representative from People's Service, Inc. regarding requirements for site preparation. 4. HOLD -HARMLESS AND INDEMNIFY. Lessee shall fully indemnify, defend, and hold harmless Lessor from any and all claims, lawsuits, and causes of action of any nature and of any kind related to Lessee's operation within or use of the Premises. 5. SURRENDER UPON TERMINATION. Lessee shall, on or before expiration of the Lease term, surrender the Premises in its present condition (reasonable wear and tear and damage by elements excepted) free of any personal property. 6. RIGHT OF ENTRY. Lessor and its representatives may enter the Premises at any reasonable time to inspect the Premises or perform any work which Lessor elects or is required to undertake. People's Service may enter the Premises at any time which is necessary to perform tasks related to their contract with Lessor. Lessor shall undertake to provide advance notice to Lessee of its entry, when possible. In Emergency situations, as determined at the sole discretion of the Lessor, Lessor and its representatives (which includes People's Service) are to be provided full and immediate access to the Premises. In the event that Lessee defaults on any term or condition of this Lease, Lessee shall provide immediate Right of Entry to Lessor to inspect, take control of the Premises, or perform any work necessitated by the breach of this Lease. 7. SUBLETTING AND ASSIGNMENT. Lessee shall not, without prior written consent of Lessor, assign, mortgage or encumber this Lease, nor sublet or permit the Premises or any part thereof to be uses by others than Lessee. 8. INSURANCE. Lessee shall have in force and effect at all times relative to this Lease statutory general liability insurance in an amount acceptable to Lessor. 9. LEASE TERM. The Lease term shall be a one year tenancy, commencing on January 1, 2011. This Lease may be terminated by either party upon 30 days written notice. 0) IN WITNESS HEREOF, the Parties have hereunto set their hands the day and year first written above. CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk CHAD MARTINSON 3 TILLABLE;AREA EXHIBIT yyvvv Vv Vvv.v- M. X. vvvvvvvvvvv.VVVNIVVVVv d,-vv,,y4VV.VVvvvVvvv, 4, VV vvVVVVVxiv "t yy 1— V)FV,VVVVVVVVVVVVVV lw "WvVvvVVVvV V, V, 414 yvVVVVV v-vvbVv-VVy.vv: V. v V11 VVV vV J, \iVVVVVVV.4,VYVVVV -45 vvvv Vy vvvvvvvvvvvyvyvv V-IL- CITY OF Hakanson Anderson ON THE GREAT RIVERROAD �DATA SOURCES: WRIGffTCOUIVTY SURVEY DEPT. IINOMR, & CITY OF OTSEGO DATE.- APRIL 2011 VVVvvVyy Al tLx jk- V-IL- CITY OF Hakanson Anderson ON THE GREAT RIVERROAD �DATA SOURCES: WRIGffTCOUIVTY SURVEY DEPT. IINOMR, & CITY OF OTSEGO DATE.- APRIL 2011 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA BY: Kurt Neidermeier DATE: April 6, 2011 RE: AE2S Instrumentation Agreement BACKGROUND 0TEM I7_I REQUEST FOR COUNCIL ACTION AE2S supports the instrumentation throughout the utility system. The enclosed agreement solidifies emergency response and general services based on an hourly plus expenses. Purchase orders will be used in the approval process for general service. Designation of a contact and access to facilities are required by the agreement. Financial Issues: Cost: Source: Budgeted: Supporting Information: A. Proposed Contract RECOMMENDATION Per attached fee schedule Utility maintenance budget Yes City staff including the City Attorney has reviewed the proposed agreement and recommends approval. The Public Works Subcommittee also has reviewed the agreement and recommends approval. POSSIBLE ACTIONS A. Motion to approve the agreement with AE2S and designate the City Engineer as the Client contact as specified in the agreement. B. Motion to table. C. Tami Loff, City Clerk : nf;rs---� www. ae2s. com March 21, 2011 Kurt Neidermeier People Service Inc. 5850 Randolph Ave NE. Otsego, MN 55374 RE: Proposal for I&C Services for Water and Wastewater Control Systems City of Otsego, Minnesota Dear Mr. Neidermeier: Thank you for this opportunity to provide this professional services proposal for the Otsego Wastewater Treatment Facilities (WWTF), and the treated water systems. As you requested, we have prepared this proposal to provide Emergency and General Instrumentation and Control (I&C) services. We propose to complete the following items under this proposal: Proposed Scope of Services 1) Emergency Instrumentation and Control (I&C) Services AE2S proposes to provide I&C services in response to emergency and/or urgent situations that ,require immediate response and resolution.. 'Emergency sl&C Services :include: 1) Prompt response to service calls. 2) Immediate resolution of problem, when feasible, including documentation of the service performed, resolution, and recommended subsequent follow-up. 3) Resolution within a reasonable mutually acceptable timeframe, when an immediate solution is not feasible. 4) Identification of problems for future resolution. Upon the completion of each Emergency task, AE2S will provide a written service report,lh explains in detail the type of services performed, any materials that were used to complete task, and the time and expenses incurred in order to complete the task. 2) General Instrumentation and Control (I&C) Services E AE2S proposes to provide.Gene at the request of the City, and al; resolution. Items that are identifk authorized through Purchases O documents shall define scope, si expenses, and any associated,el I&C Services to implement control system improvements to resolve issues that arise that do not require immediate ,to be provided under General I&C Services will be ars between AE2S and the CLIENT. Purchase Order :dole, estimated professional fees and reimbursable ;tical services required to be completed by a Contractor. I&C Proposa l 032111. docx Mr. Kurt Neidermeier RE: Proposal for I&C Services for Water and Wastewater Control Systems City of Otsego, Minnesota March 21, 2011 Page 2 Of 2 CLIENT Responsibilities CLIENT will be responsible for the following: 1. Designate a contact person to act as CLIENT's representative with respect to the professional services to be rendered with complete authority to transmit instructions, receive information, and interpret and define the CLIENT's policies and decisions with respect to professional engineering services. 2. Provide access to the various facilities in order to complete the proposed services. Proposed Professional Fees 1) Emergency I&C Services AE2S proposes to provide Emergency I&C Services on an as needed basis and consistent with the Scope of Services outlined above on an hourly plus expenses basis, consistent with the conditions of the 2011 AE2S Hourly Fee and Expenses Schedule included as Exhibit A. 2) General I&C Services AE2S proposes to provide General I&C Services identified in future Purchase Order documents on an hourly plus expenses basis, consistent with the conditions of the 2011 AE2S Hourly Fee and Expenses Schedule. We propose to provide the above professional engineering services in accordance with the standard terms and conditions (Exhibit B). Acceptance Should this proposal satisfactorily establish the scope of services desired by the City of Otsego and you approve the fees/terms/conditions, please sign and date both copies of this proposal in the space provided. Please retain one (1) copy for your records and return the other to AE2S. Acceptance of this proposal will serve as our notice to proceed and the work will be scheduled upon receipt. Thank you again for the opportunity to provide professional services to the City of Otsego. We look forward to working with you, and we are confident our experience and expertise will provide value to your municipality. Sincerely, N AE2S Grant L. Meyer, PE Operations Manager, AE2S Accepted this day of , 20_ City of Otsego ;-27 . By: Title: K:IOtsegolProposallGen l&C Emergency_Se-iceslOtsego [&C.'rroposai_W-1« f:ao" 2011 AE2S Hourly Fee and Expense Schedule Labor Rates Engineer I Engineer E Engineer III Engineer IV Engineer V Engineer VI Engineer VII Engineer VIII Project Manager Technical Expert I Technical Expert II Technical Expert III I&C Technician I I&C Technician II I&C Technician III I&C Technician IV I&C Technician V I&C Technician VI Land Surveyor I Land Surveyor II Land Surveyor III Land Surveyor IV Land Surveyor V Land Surveyor VI Engineering Technician I Engineering Technician II Engineering Technician III Engineering Technician IV Engineering Technician V Engineering Technician VI Engineering Technician VII Marketing Consultant I Marketing Consultant II CPA Senior Consultant IT I IT II IT III IT Manager Financial Analyst I Financial Analyst II Financial Analyst III Financial Analyst IV Financial Analyst V $88.00 $98.00 $115.00 $130.00 $142.00 $154.00 $165.00 $175.00 $145.00 $185.00 $200.00 Negotiable $84.00 $94.00 $105.00 $115.00 $128.00 $137.00 $76.00 $86.00 $98.00 $109.00 $121.00 $140.00 $48.00 $62.00 $74.00 $87.00 $97.00 $112.00 $130.00 $90.00 $100.00 $130.00 $145.00 $75.00 $95.00 $110.00 $125.00 $75.00 $90.00 $100.00 $115.00 $130.00 This is EXHIBIT A, consisting of 1 pages, referred to in and part of the Agreement between OWNER and AE2S for I&C Services for Water and Wastewater Control Systems dated March 21, 2011. Administrative I Administrative II Administrative III Administrative IV Administrative V Reimbursable Expense Rates Transportation Survey Vehicle Photocopies Plots - Color Bond Plots - Monochrome Bond/Vellum Plots - Fihn/Photo High Gloss Digital Imaging Laser Printouts Color Laser Printouts/Copies Fax Projector Total Station Total Station - Robotic Pro-XR GPS Fast Static/RTK GPS 3D Laser Scanner Survey Monuments Fence Posts Survey Lath Survey Stakes All Terrain Vehicle/Boat Hydrant Pressure Recorders Telemetry Radio Pressure Recorder Outside Services* Out of Pocket Expenses** Rental Car $44.00 $55.00 $66.00 $76.00 $84.00 $0.60/mile $0.65/mile $0.10/copy $1.25/s.f. $0.75/s.f. $2.00/s.f. $10.00/day $0.20/page $0.68/page $0.40/page $25.00/hour $10.00/hour $35.00/hour $15.00/hour $50.00/hour $100.00/hour $3.00/each $6.00/each $18.00/bundle $10.00/bundle $100.00/day $10.00/day $50.00/site $5.00/day cost *1.15 cost*1.15 cost* 1.20 * Includes laboratory testing, architectural and engineering consultants, surveying, etc. ** Includes toll telephone, shipping, postage, subsistence, technical literature, equipment rental, etc. These rates are subject to adjustment each year on January 1. K:IOtsegolProposallGenl&C Emergency-ServiceslOtsego I&CProposal-032111.docx This is EXHIBIT B, consisting of 2 pages, referred to in and part of the Agreement between CLIENT and AE2S for I&C Services for Water and Wastewater Control Systems dated March 21, 2011. Standard Terms and Conditions The proposal is supplemented to include the following Agreement of the parties: Standard of Care a. The standard of care for all professional services performed or furnished by AE2S under this Agreement will be the care and skill ordinarily used by members of AE2S's profession practicing under similar circumstances at the same time and in the same locality. AE2S makes no warranties, express or implied, under this Agreement or otherwise, in connection with AE2S's services. b. CLIENT shall be responsible for, and AE2S may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by CLIENT to AE2S pursuant to this Agreement. AE2S may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. 2. Independent Contractor All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and AE2S and not for the benefit of any other party. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either CLIENT or AE2S. AE2S's services under this Agreement are being performed solely for CLIENT's benefit, and no other entity shall have any claim against AE2S because of this Agreement or the performance or nonperformance of services hereunder. Payments to AE2S Invoices will be prepared in accordance with AE2S's standard invoicing practices and will be submitted to CLIENT by AE2S monthly, unless otherwise agreed. Invoices are due and payable within 30 days of receipt. If CLIENT fails to make any payment due AE2S for services and expenses within 30 days after receipt of AE2S's invoice therefore, the amounts due AE2S will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. In addition, AE2S may, after giving seven days written notice to CLIENT, suspend services under this Agreement until AE2S has been paid in full all amounts due for services, expenses, and other related charges. 4. Insurance AE2S will maintain insurance coverage for Workers' Compensation, General Liability, and Automobile Liability and will provide certificates of insurance to CLIENT. 5. Indemnification and Allocation of Risk a. To the fullest extent permitted by law, AE2S shall indemnify and hold harmless CLIENT, CLIENT's officers, directors, partners, and employees from and against costs, losses, and damages (including but not limited to reasonable fees and charges of engineers, architects, attorneys, and other professionals, and reasonable court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of AE2S or AE2S's officers, directors, partners, employees, and consultants in the performance of AE2S's services under this Agreement. b. To the fullest extent permitted by law, CLIENT shall indemnify and hold harmless AE2S, AE2S's officers, directors, partners, employees, and consultants from and against costs, losses, and damages (including but not limited to reasonable fees and charges of engineers, architects, attorneys, and other professionals, and reasonable court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of CLIENT or CLIENTS officers, directors, partners, employees, and consultants with respect to this Agreement. c. in addition to the indemnity provided under paragraph 5.b. of this Exhibit, and to the fullest extent permitted by law, CLIENT shall indemnify and hold harmless AE2S and AE2S's officers, directors, partners, employees, and consultants from and against injuries, losses, damages and expenses (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other disputes resolution costs) caused by, arising out of, or resulting from Hazardous Environmental Condition, provided that (i) any such injuries, losses, damages and expenses are attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, and (ii) nothing in this paragraph 5.c. shall obligate CLIENT to indemnify any individual or entity to the extent of that individual or entity's own negligence or willful misconduct. d. To the fullest extent permitted by law, notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of Engineer and Engineer's officers, directors, partners, employees, agents, and Engineer's Consultants, and any of them, to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to a Specific Project or Task Order, or this Agreement, from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, or breach of contract or warranty, express or implied, of Engineer or Engineer's officers, directors, partners, employees, agents, or Engineer's Consultants, or any of them (hereafter "Owner's Claims") shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer's insurers in settlement or satisfaction of Owner's Claims under the terms and conditions of Engineer's insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal). 6. Termination of Contract Either party may at any time, upon seven days prior written notice to the other party, terminate this Agreement. Upon such termination, CLIENT shall pay to AE2S all amounts owing to AE2S under this Agreement, for all work performed up to the effective date of termination, plus reasonable termination costs. Access CLIENT shall arrange for safe access to and make all provisions for AE2S and AE2S's Consultants to enter upon public and private property as required for AE2S to perform services under this Agreement. K• IOtsegolProposallGenl&C Emergency_ServiceslOtsego faCt'roposat_vs,ui.aocz This is EXHIBIT B, consisting of 2 pages, referred to in and part of the Agreement between CLIENT and AE2S for I&C Services for Water and Wastewater Control Systems dated March 21, 201L 8. Hazardous Environmental Conditions It is acknowledged by both parties that AE2S's scope of services does not include any services related to a "Hazardous Environmental Condition," i.e. the presence at the site of asbestos, PCBs, petroleum, hazardous waste, or radioactive materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Assignment. In the event AE2S or any other party encounters a Hazardous Environmental Condition, AE2S may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Assignment affected thereby until CLIENT: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (ii) warrants that the site is in full compliance with applicable laws and regulations. CLIENT acknowledges that AE2S is performing professional services for CLIENT and that AE2S is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the site in connection with AE2S's activities under this Agreement. 9. Patents AE2S shall not conduct patent searches in connection with its services under this Agreement and assumes no responsibility for any patent or copyright infringement arising therefrom. Nothing in this Agreement shall be construed as a warranty or representation that anything made, used, or sold arising out of the services performed under this Agreement will be free from infringement of patents or copyrights. 10. Ownership and Reuse of Documents All documents prepared or famished by AE2S pursuant to this Agreement are the property of the CLIENT. Reuse of any such documents by CLIENT shall be at CLIENT's sole risk; and CLIENT agrees to indemnify, and hold AE2S harmless from all claims, damages, and expenses including attorney's fees arising out of such reuse of documents by CLIENT or by others acting through CLIENT. 11. Use of Electronic Media a. Copies of Documents that may be relied upon by CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by the AE2S. Files in electronic media format of text, data, graphics, or of other types that are furnished by AE2S to CLIENT are only for convenience of CLIENT. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. b. When transferring documents in electronic media format, AE2S makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by AE2S at the beginning of this Assignment. C. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. d. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the party delivering the electronic files. AE2S shall not be responsible to maintain documents stored in electronic media format after acceptance by CLIENT. 12. Force Majeure AE2S shall not be liable for any loss or damage due to failure or delay in rendering any service called for under this Agreement resulting from any cause beyond AE2S's reasonable control. 13. Assignment Neither party shall assign its rights, interests or obligations under this Agreement without the express written consent of the other party. 14. Binding Effect This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, administrators, successors, and assigns. 15. Severability and Waiver of Provisions Any provision or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CLIENT and AE2S, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non -enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 16. Survival All express representations, indemnifications, or limitations of liability included in this Agreement will survive its completion or termination for any reason. 17. Headings The headings used in this Agreement are for general reference only and do not have special significance. 18. Controlling Law This Agreement is to be governed by the law of the State of Minnesota. 19. Notices Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. K:IOtsegolProposallGenl&C Emergency_ServiceslOtsego 7&CProposal_032111.docx