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12-08-03 CC
CLAIMS LIST CITY COUNCIL MEETING DECEMBER 08, 2003 TO: Judy Hudson ITEM g.., Attached is the Claims List for the City Council. For more details, please refer to the Check Detail Registers. If you have any questions regarding this service, please let me know. Claims Register 12-04-2003 $ 244,734.65 GRAND TOTAL $ 244,734.65 If you have any questions or if you would like to review this list further, please let me know. Kathy Grover Bookkeeper CITY OF OTSEGO *Check Summary Register@ Name 10100 BANK OF ELK RIVER UnPaid ADMIN MINNESOTA UnPaid AFFORDABLE SANITATION UnPaid AIRGAS, INC. UnPaid AMERICAN LIBERTY CONSTRUC UnPaid ASPEN CREEK INC UnPaid ASSOC OF METRO MUNICIPALIT Unpaid BENCHMARK CUSTOM HOMES UnPaid BERLIN TIRE CENTER, INC UnPaid BOISE CASCADE OFFICE PROD UnPaid BOYER TRUCKS UnPaid BRAUN INTERTEC UnPaid CHARTER COMMUNICATIONS UnPaid CHOUINARD OFFICE PRODUCT UnPaid CITY OF MONTICELLO UnPaid CUB FOODS ELK RIVER UnPaid DAVID CHASE UnPaid DENNIS FEHN GRAVEL & EXCAV UnPaid DJ'S TOTAL HOME CENTER UnPaid DRESEL CONTRACTING INC UnPaid EARL F ANDERSON INC UnPaid ECM PUBLISHERS INC "Paid ELK RIVER PRINTING & PARTY P 'aid FINKEN'S WATER CARE .Paid GLENS TRUCK CENTER INC UnPaid GRANITE CITY LEASING INC UnPaid HALLMAN OIL COMPANY UnPaid ICMA RETIREMENT TRUST Unpaid INTERNATIONAL CODE COUNCI UnPaid J -CRAFT INC UnPaid KNUTSON RICK UnPaid LEAGUE OF MN CITIES INS TRU UnPaid LONG & SONS UnPaid MAMA UnPaid MEDICA UnPaid NAPA OF ELK RIVER INC UnPaid NATIONAL WATERWORKS INC UnPaid NORTH HENNEPIN COMM COLL UnPaid NORTHERN TOOL & EQUIPMENT UnPaid NOVA COMMUNICATIONS UnPaid PRINCIPAL FINANCIAL GROUP UnPaid PUBLIC EMPLOYEES RETIREME UnPaid RANDY'S SANITATION UnPaid ST JOSEPH EQUIPMENT INC UnPaid STS CONSULTANT'S LTD UnPaid T & S TRUCKING BUFFALO INC UnPaid UNIVERSITY OF MINNESOTA UnPaid WRIGHT COUNTY AUDITOR -TRE UnPaid WRIGHT COUNTY RECORDER UnPaid WRIGHT-HENNEPIN CO-OP ELE FILTER: None DECEMBER 2003 Check Date Check Amt Total Checks 12/04iO3 9:38 AM Page 1 $35.00 TIM ROCHEL - APRIL 8 ST CLOUD $220.75 HC UNIT RENTAL $20.83 OXYGEN/HAZMAT $151,740.04 PARKS CONSTRUCTION $2,500.00 ESCROW REFUND - SHED REMOVED $30.00 03 LMC/AMM MEETING $1,000.00 8363 PADGETT LNDSCP $712.78 2000 CAT LOADER $1,998.66 SUPPLIES $8.88 03 PLOW TRK $2,824.50 WEST LIFT STATION $100.00 MONTHLY SERVICE FEE $37.94 RIBBONS/CORRECTION TAPE $348.00 OCT ANIMAL CONTROL $85.45 MISC SUPPLIES $30.00 DEC CELL PHONE $5,116.40 CLASS 5 $280.76 KEY CUT $3,228.53 ODEAN AVE $85.70 STREET SIGNS $203.12 NOTICE BUDGET/PROPERTY TAX $272.16 STAMPS/INK PADS $82.48 13474 95TH ST $1,491.92 92 FORD TRK $34.02 TOSHIBA FAX $2,119.38 GAS/DIESEL/OIL $422.31 PPE 11/22 CK DTD 11/26 $356.38 BOOKS - BLDGING $176.60 94 FORD TRK $30.00 DEC CELL PHONE $110.00 WORK COMP $457.79 NOV CLEANING $18.00 NOV 20 MEETING $3,430.70 ADMIN - DEC $140.45 LIGHT BULB $75.96 CULVERTS $238.20 TIM ROCHEL - CLASSES $36.17 03 PLOW TRUCK $20,964.61 PHONE SYSTEM $721.86 DEC - ADMIN $1,769.68 PPE 11/22 CK DTD 11/26 $105.81 8899 NASHUA - GARBAGE $487.73 93 CASE TRACTOR $1,220.10 QUADAY/91ST $1,150.00 STREET SWEEPING $365.00 SCHOOL - TIM ROCHEL $31,755.00 DECEMBER SHERIFF PATROL $20.00 PLEASANT CREEK RECORDING $6,075.00. 85TH ST LIGHT INSTALLATION $244,734.65 CITY OF OTSEGO 12/04/03 9:39 AM Page 1 *Check Detail Register© DECEMBER 2003 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid ADMIN MINNESOTA .. ... .. .. ......._. .....:. �...,_-.... 6,_� _..,�. .,.,,...... E 250-42410-360 Education/Training/Conferences $35.00 TIM ROCHEL - APRIL 8 ST CLOUD Total ADMIN MINNESOTA $35.00 Unpaid AFFORDABLE SANITATION ------- E 201-45000-410 Rentals (GENERAL) $220.75 312010 HC UNIT RENTAL Total AFFORDABLE SANITATION $220.75 Unpaid AIRGAS, INC. E 101-43100-210 Operating Supplies (GENERAL) $20.83 105373866 OXYGEN/HAZMAT Total AIRGAS, INC. $20.83 Unpaid AMERICAN LIBERTY CONSTRUCTION E203-45210-530 Improvements Other Than Bldgs $151,740.04 PAY 6 PARKS CONSTRUCTION Total AMERICAN LIBERTY CONSTRUCTION $151,740.04 Unpaid ASPEN CREEK INC R 702-38090 ESCROW DEPOSIT $2,500.00 ESCROW REFUND - SHED REMOVED Total ASPEN CREEK INC $2,500.00 Unpaid ASSOC OF METRO MUNICIPALITIES E 101-41400-360 Education/Training/Conferences $30.00 552 03 LMC/AMM MEETING Total ASSOC OF METRO MUNICIPALITIES _ $30.00 ipaid BENCHMARK CUSTOM HOMES E 702-41400-310 Miscellaneous $1,000.00 8363 PADGETT LNDSCP Total BENCHMARK CUSTOM HOMES $1,000.00 Unpaid BERLIN TIRE CENTER, INC E 101-43100-220 Repair/Maint Supply (GENERAL) $712.78 2790018067 2000 CAT LOADER Total BERLIN TIRE CENTER, INC $712,78 Unpaid Y - B61SE CASCADE OFFICE PRODUCTS E 101-41400-201 Office Supplies $94.44 038773 SUPPLIES E 250-42410-570 Office Equip and Furnishings $1,904.22 310281 CHAIRS/TABLE Total BOISE CASCADE OFFICE PRODUCTS $1,998.66 Unpaid BOYER TRUCKS E 101-43100-220 Repair/Maint Supply (GENERAL) ($299.53) 24306R1 92 FORD TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $4.52 24962R 94 FORD TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $184.73 24963R 03 PLOW TRK E 101-43100-220 Repair/Maint Supply (GENERAL) ($168.97) 24973R 03 PLOW TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $48.95 25005R 92 FORD TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $18.44 25019R 94 FORD TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $65.57 25034R 94 FORD TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $7.91 25036R 94 FORD TRK E 101 43100-220 Repair/Maint Supply (GENERAL) $35.41 250948 03 PLOW TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $24.41 25176R BATTERY CA/NUT E 101-43100-220 Repair/Maint Supply (GENERAL) _ _ $8_7.44 25322R 03 PLOW TRK Total BOYER TRUCKS $8.88 laid _a.�.BRAUN INTERTEC. E 428-49400-302 Engineering Fees $252.00 411274 TRUNK WATERMAIN E 428-49400-302 Engineering Fees $965.00 411275 PUMP HOUSE 3 E 430-43256-302 Engineering Fees $1,6_07.50. 411276 WEST LIFT STATION Total BRAUN INTERTEC $2,824.50 Unpaid CHARTER COMMUNICATIONS CITY OF OTSEGO 12/04/03 9:39 AM Page 2 *Check Detail Register© DECEMBER 2003 Check Amt Invoice Comment E 101-41400-390 Contracted Services $100.00 MONTHLY SERVICE FEE Total CHARTER COMMUNICATIONS $100.00 Unpaid CHOUINARD OFFICE PRODUCTS E 101-41400-201 Office Supplies $37.94 53533 RIBBONS/CORRECTION TAPE Total CHOUINARD OFFICE PRODUCTS $37.94 Unpaid _ ...-I-'--"--"-*-"w,w,..,.o- CITY OF MONTICELLO _....... � �. E 101-42710-390 Contracted Services $348.00 7487 OCT ANIMAL CONTROL Total CITY OF MONTICELLO $348.00 Unpaid CUB FOODS ELK RIVER E 101-41400-203 Supplies - General $85.45 MISC SUPPLIES Total CUB FOODS ELK RIVER $85.45 DAVIDCHASE .._,......_..,..��....�..,.�..�..,�.�x.�....�.�...�,�,�- .�,-.�____._... E 101-43100-320 Telephone $30.00 DEC CELL PHONE Total DAVID CHASE $30.00 Unpaid DENNIS FEHN GRAVEL & EXCAVAT E 101-43100-370 Sand andGravel $1,603.25 12022 CLASS 5 E 101-43100-370 Sand andGravel $231.90 12085 CLASS 5 E 101-43100-390 Contracted Services _$3,281.25 12134 DITCH CLEANING -FLOOD Total DENNIS FEHN GRAVEL & EXCAVAT $5,116.40 paid DJ'S TOTAL HOME CENTER E 101-43100-203 Supplies -General $126.66 741206 SWITCH/EXT CORDS E 101-43100-203 Supplies - General $41.35 743441 BROOM/HAMMER/PLUMBING E 101-43100-220 Repair/Maint Supply (GENERAL) $19.15 743448 00 IH TRK E 101-43100-203 Supplies - General $91.48 745050 FLASHLIGHTS/BATTERIES E 101-43100-203 Supplies - General _ _ $2.12 745051 KEY CUT Total DJ'S TOTAL HOME CENTER $280.76 Unpaid DRESEL CONTRACTING INC E 413-43100-500 Capital Outlay (GENERAL) $2,762.43 ODEAN AVE G 701-21947 Prairie Creek 3rd Addn $466.10 EXTRA WORK 78TH ST Total DRESEL CONTRACTING INC $3,228.53 Unpaid EARL F ANDERSON INC E 101-43100-393 Street Signs $85.70 0057228 STREET SIGNS Total EARL F ANDERSON INC $85.70 Unpaid ECM PUBLISHERS INC E 101-41400-350 Print/Binding (GENERAL) $203.12 157556 NOTICE BUDGET/PROPERTY TAX Total ECM PUBLISHERS INC $203.12 Unpaid ELK RIVER PRINTING & PARTY PLU E 250-42410-201 Office Supplies 18440 STAMPS/INK PADS Total ELK RIVER PRINTING & PARTY PLU __$272.16_ $272.16 Unpaid FINKEN'S WATER CARE E 101-41940-390 Contracted Services $25.50 CITY HALL E 101-43100-310 Miscellaneous $27.16 13474 95TH ST E 101-41950-310 Miscellaneous __$_29.82 13620 90TH ST Total FINKEN'S WATER CARE $82.48 Unpaid GLENS TRUCK CENTER INC E 101-43100-220 Repair/Maint Supply (GENERAL) $157.95 1233080033 92 FORD TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $1,099.02 1233100068 92 FORD TRK CITY OF OTSEGO 12/04/03 9:39 AM Page 3 *Check Detail Register© DECEMBER 2003 E 101-43100-123 Health E 101-41400-123 Health E 250-42410-123 Health $1,137.58 PW - DEC $1,396.37 ADMIN - DEC $896.75 BLDING - DEC Total MEDICA $3,430.70 Unpaid NAPA OF ELK RIVER INCA Check Amt Invoice Comment E 101-43100-220 Repair/Maint Supply (GENERAL) $3.38 1233110008 92 FORD TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $11.25 1233140039 03 PLOW TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $20.32 1233170025 94 FORD TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $27.50 1233170065 03 PLOW TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $115.00 1233230052 PWER UNITS E 101-43100-220 Repair/Maint Supply (GENERAL) $57.50 1233240009 PWER UNITS Total GLENS TRUCK CENTER INC $1,491.92 Unpaid GRANITE CITY LEASING INC E 101-41400-413 Office Equipment Rental _ $34.02 33 TOSHIBA FAX Total GRANITE CITY LEASING INC $34.02 Unpaid P HALLMAN OIL COMPANY _ ....::. ,.-,,..... _... ,._._„-.__._�.._- .w ..... ........ . E 101-43100-202 Gas & Oil $145.37 00156 GAS/DIESEL/OIL E 101-43100-202 Gas & Oil $461.96 00285 GAS/DIESEL/OIL E 101-43100-202 Gas & Oil $626.45 00286 GAS/DIESEL/OIL E 101-43100-202 Gas & Oil $301.08 00310 GAS/DIESEL/OIL E 101-43100-202 Gas & Oil $341.70 00362 GAS/DIESEL/OIL E 101-43100-202 Gas & Oil $242.82 105705 GAS/DIESEL/011- AS/DIESEL/OILTotal TotalHALLMAN OIL COMPANY $2,119.38 Unpaid ICMA RETIREMENT TRUST G 101-21705 Other Retirement $230.00 PPE 11/22 CK DTD 11/26 E 101-41400-121 PERA __$192.31 PPE 11/22 CK DTD 11/26 Total ICMA RETIREMENT TRUST $422.31 Unpaid INTERNATIONAL CODE COUNCIL INC E 250-42410-203 Supplies - General $49.99 0702125 BLDGING DEPT ADMIN BOOKS E 250-42410-203 Supplies - General $306.39 697429 BOOKS - BLDGING Total INTERNATIONAL CODE COUNCIL INC $356.38 Unpaid J -CRAFT INC E 101-43100-220 Repair/Maint Supply (GENERAL) $176.60 33325 94 FORD TRK Total J -CRAFT INC $176.60 Unpaid KNUTSON RICK E 101-43100-320 Telephone $30.00 DEC CELL PHONE Total KNUTSON RICK $30.00 Unpaid LEAGUE OF MN CITIES INS TRUST E 101-43100-204 Insurance $110.00 2584 WORK COMP Total LEAGUE OF MN CITIES INS TRUST $110.00 Unpaid LONG & SONS E 101-41940-389 Cleaning Services $426.00 NOV CLEANING E 101-41940-203 Supplies - General $31.79 TOILET PAPER Total LONG & SONS $457.79 Unpaid MAMA E 101-41400-360 Education/Training/Conferences $18.00 744 NOV 20 MEETING Total MAMA $18.00 laid MEDICA E 101-43100-123 Health E 101-41400-123 Health E 250-42410-123 Health $1,137.58 PW - DEC $1,396.37 ADMIN - DEC $896.75 BLDING - DEC Total MEDICA $3,430.70 Unpaid NAPA OF ELK RIVER INCA CITY OF OTSEGO 12/04/03 9:39 AM Page 4 *Check Detail Register© DECEMBER 2003 E 423-43100-302 Engineering Fees $1,220.10 250921 QUADAY/91ST Total STS CONSULTANT'S LTD $1,220.10 Unpaid _... T & S TRUCKING BUFFALO INC E 101-43100-435 Street Sweeping $1,150.00 112 STREET SWEEPING Total T & S TRUCKING BUFFALO INC $1,150.00 Check Amt Invoice Comment E 101-43100-203 Supplies - General $1.90 037682 LIGHT BULB E 101-43100-220 Repair/Maint Supply (GENERAL) $51.83 039925 PICKUP/PLOW E 101-43100-203 Supplies - General $31.91 040108 SUPPLIES E 101-43100-220 Repair/Maint Supply (GENERAL) $14.32 041235 88 GRADER E 101-43100-203 Supplies - General $2.77 041699 LIGHT BULBS E 101-43100-220 Repair/Maint Supply (GENERAL) $30.41 042461 03 PLOW TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $7.31 042505 81 TRK AIR FILTER Total NAPA OF ELK RIVER INC $140.45 Unpaid NATIONAL WATERWORKS INC E 101-43100-392 Culverts $75.96 9943600 CULVERTS Total NATIONAL WATERWORKS INC $75.96 Unpaid NORTH HENNEPIN COMM COLLEGE E 250-42410-360 Education/Training/Conferences $238.20 TIM ROCHEL - CLASSES Total NORTH HENNEPIN COMM COLLEGE $238.20 Unpaid NORTHERN TOOL & EQUIPMENT CO E 101-43100-220 Repair/Maint Supply (GENERAL) $6.37 09086063 02 PICKUP/PLOW E 101-43100-220 Repair/Maint Supply (GENERAL) $10.64 09086066 02 PICKUP/PLOW E 101-43100-220 Repair/Maint Supply (GENERAL) $19.16 09094057 03 PLOW TRUCK Total NORTHERN TOOL & EQUIPMENT CO $36.17 Oaid NOVA COMMUNICATIONS E 250-42410-570 Office Equip and Furnishings $13,798.20 2874 PHONE SYSTEM E 250-42410-570 Office Equip and Furnishings $1,694.41 2876 PHONE SYSTEM E 250-42410-570 Office Equip and Furnishings $5,472.00 2877 4 YR MAINT AGREEMENT Total NOVA COMMUNICATIONS $20,964.61 Unpaid � - ����� PRINCIPAL FINANCIAL GROUP E 101-43100-123 Health $253.68 DEC - PW E 101-41400-123 Health $290.07 DEC - ADMIN E 250-42410-123 Health _$178.11 DEC - BLDGING Total PRINCIPAL FINANCIAL GROUP $721.86 Unpaid PUBLIC EMPLOYEES RETIREMENT FD E 250-42410-121 PERA $177.55 PPE 11/22 CK DTD 11/26 E 101-41400-121 PERA $283.42 PPE 11/22 CK DTD 11/26 E 101-43100-121 PERA $302.61 PPE 11/22 CK DTD 11/26 E 101-41550-121 PERA $157.05 PPE 11/22 CK DTD 11/26 G 101-21704 PERA $849.05 PPE 11/22 CK DTD 11/26 Total PUBLIC EMPLOYEES RETIREMENT FD $1,769.68 Unpaid RANDY'S SANITATION E 101-41940-325 Garbage Service $65.27 8899 NASHUA - GARBAGE E 101-43100-325 Garbage Service _$40.54_ 13474 95TH ST - GARBAGE Total RANDY'S SANITATION $105.81 Unpaid ST JOSEPH EQUIPMENT INC E 101-43100-220 Repair/Maint Supply (GENERAL) $487.73 V108591 93 CASE TRACTOR Total ST JOSEPH EQUIPMENT INC $487.73 aid STS CONSULTANT'S LTD E 423-43100-302 Engineering Fees $1,220.10 250921 QUADAY/91ST Total STS CONSULTANT'S LTD $1,220.10 Unpaid _... T & S TRUCKING BUFFALO INC E 101-43100-435 Street Sweeping $1,150.00 112 STREET SWEEPING Total T & S TRUCKING BUFFALO INC $1,150.00 CITY OF OTSEGO 12/04/03 9:39 AM Page 5 *Check Detail Register© DECEMBER 2003 Check Amt Invoice Comment Unpaid UNIVERSITY OF MINNESOTA E 250-42410-360 Education/Training/Conferences $85.00 SCHOOL -SANDY E 250-42410-360 Education/Training/Conferences $280.0_0_ SCHOOL - TIM ROCHEL Total UNIVERSITY OF MINNESOTA $365.00 Unpaid WRIGHT COUNTY AUDITOR -TREASURE E 101-42100-390 Contracted Services $31,755.00 03-12 Total WRIGHT COUNTY AUDITOR -TREASURE $31,755.00 Unpaid WRIGHT COUNTY RECORDER E 101-41400-340 Recording Fees $20.00 Total WRIGHT COUNTY RECORDER $20.00 Unpaid WRIGHT-HENNEPIN CO-OP ELECTRIC E 435-43100-530 Improvements Other Than Bldgs $6,075.00 Total WRIGHT-HENNEPIN CO-OP ELECTRIC $6,075.00 10100 BANK OF ELK RIVER $244,734.65 Fund Summary 101 GENERAL FUND 201 PARK AND REC ACTIVITIES 203 PARK DEVELOPMENT 30 BUILDING PERMIT FEES .13 1998 ODEAN PROJECT 423 Quaday Watefront Project 428 WEST WATER PROJ 430 West Trtmnt Plant -Phase 1 435 85th Street Project - East 701 DEVELOPMENT ESCROWS FUND 702 BUILDERS ESCROW FUND 10100 BANK OF ELK RIVER $50,537.75 $220.75 $151,740.04 $25,387.98 $2,762.43 $1,220.10 $1,217.00 $1,607.50 $6,075.00 $466.10 $3,500.00 $244,734.65 DECEMBER SHERIFF PATROL PLEASANT CREEK RECORDING 85TH ST LIGHT INSTALLATION ITEM 5-2 NORTHLAND SECURITIES November 19, 2003 Ms. Judy Hudson, Clerk Mr. Gary Groen, Finance Director CITY OF OTESGO City Hall 8899 Nashua Avenue NE Otsego, Mn 55330-7314 RE: Call Resolution and Notice City of Otsego, Minnesota General Obligation Improvement Bonds, Series 1996A Dear Judy & Gary: Per Paul's request, I am enclosing two copies of the Call Resolution and Notice for your City Council action on December 8th. Please review the resolution to ensure the maturity dates and amount called is what you and Paul have talked about. I will be out of the office beginning Friday, November 2151, returning on December 1st. If you need revisions please advise me when I return, prior to the Council's meeting. I have prepared the resolution doing a full call of all maturities. If the resolution is OK as is, then please complete the attendance and motion details, then sign the document where noted. Please retain one copy for the City records, and forward the remaining copy to my attention. I will notify the paying agent of the City's action. If I can be of further assistance, please feel free to contact me. Happy Thanksgiving. Very truly yours, Nort Nand Seecu 'ties, Inc. Lori A. Giampaolo ►-� Vice President, Partner Enclosures Northland Securities, Inc. 45 South 7th Street, Suite 2500, Minneapolis, MN 55402 'AdI F,m t-800-851-2920 m:nn 612-851-5900 F,s 612-851-5987 www.northlandsecurities.com Member NASD and SIPC EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA Held: December 8, 2003 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Otsego, Wright County, Minnesota, was duly called to order on the December 8, 2003, at 6:30 o'clock P.M. The following members were present: and the following members were absent: Member introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR THE REDEMPTION OF THE OUTSTANDING GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996A WHEREAS: A. The City Council of the City of Otsego, Minnesota issued $655,000 General Obligation Improvement Bonds, Series 1996A, dated August 1, 1996; and B. All of said bonds maturing on February 1, 2005 to 2007, inclusive and thereafter, are subject to redemption, in whole or in part, and prepayment at the option of the City on February 1, 2004, and on any date thereafter at 100% plus accrued interest, all as provided in the resolution of the City authorizing the issuance of said bonds; and C. The City deems it desirable and in the best interest of the City to call $165,000 of the outstanding bonds maturing in the years 2005 to 2007, inclusive, for redemption on February 1, 2004, in accordance with said resolution authorizing the issuance of said bonds, and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Otsego, Minnesota as follows: 1. $165,000 of the General Obligation Improvement Bonds of 1996A, dated August 1, 1996, of the City of Otsego, Minnesota, maturing in the years 2005 to 2007, inclusive, shall be redeemed and prepaid on February 1, 2004, at 100% of their principal amount plus accrued interest for each such bond called. 2. The City Clerk is hereby authorized and directed to give mailed notice of call to the bank where said bonds are payable and said bank shall provide such notice to the holders of the bonds as may be required by law. Said notice shall be in substantially the following form: Otsego.doc NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION TAX INCREMENT BONDS OF 1995 DATED: August 1, 1996 CITY OF OTSEGO, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Otsego, Minnesota, there have been called for redemption and prepayment on February 1, 2004 those outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 1996A, dated August 1, 1996, having the stated maturity dates of February 1, 2005 to 2007, inclusive, totaling $165,000 in principal amount. The bonds are being called for redemption at a price of 100% of their principal amount plus accrued interest to February 1, 2004, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment to Wells Fargo Corporate Trust Department, Sixth & Marquette, N9303-110, Minneapolis, Mn 55479, on or before February 1, 2004. Dated: December 8, 2003 BY ORDER OF THE CITY COUNCIL /s/ Judy Hudson City Clerk Important Notice: In compliance with the Economic Growth and Tax Relief reconciliation Act of 2001, federal backup withholding tax will be withheld at the applicable backup withholding rate in effect at the time of the payment by the redeeming institutions if they are not provided with your social security number or federal employer identification number, properly certified. This requirement is fulfilled by submitting a W-9 Form, which may be obtained at a bank or other financial institution. Additional Information may be obtained from: NORTHLAND SECURITIES, INC. 45 South 7`h Street, Suite 2500 Minneapolis, Minnesota 55402 Attn: Lori A. Giampaolo Public Finance Department Phone: 612-851-5900 or 800-851-2920 Otsego.doc 3. The City Clerk is hereby authorized and directed to deposit with the bank where said bonds are payable prior to said call date sufficient funds to pay all principal and interest due on the bonds as of the call date. The motion for the adoption of the foregoing resolution was duly seconded by council member and upon a vote taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Otsego.doc STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF OTSEGO I, the undersigned, being the duly qualified and acting City Clerk of the City of Otsego, Wright County, Minnesota, DO HEREBY CERTIFY, that I have carefully compared the preceding extract of minutes of a meeting of the City Council of said City held on the date therein indicated with the original minutes thereof on file in my office and that the same is a full, true and correct transcript thereof insofar as said minutes relate to the topic described in the title of the resolution set forth in the extract. WITNESS my hand officially and the official seal of the City on December 8, 2003. City Clerk (SEAL) Otsego.doc Michael C. Couri{ Andrew J. MacArthur Robert T. Ruppe— David R. Wendorf *Also licensed in Illinois ••ALso licensed in California December 4, 2004 City Council Members City of Otsego 8899 Nashua Avenue Ne Otsego, MN 55330 CO URI & MACAR THUR Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376-0369 (763) 497-1930 (763) 497-2599 (FAX) couriandmacarthur@pobox.com RE: Proposed Animal Ordinance Dear Council Members: Please find enclosed a revised Animal ordinance, as per Council directive at the recent workshop on the subject. The revised ordinance is patterned after the League of Cities Animal Ordinance and incorporates current regulations on animals included in the City zoning ordinance. The ordinance prohibits wild animals within the City, and places many of the same regulations for dogs on cats and other animals. There are certain blanks left in the ordinance where the amount of certain permits and fees is listed. It will be up to the Council to determine what these fees should be. I have also left a section of the penalty provisions with blanks in case the Council would like to specify that certain specific sections be petty misdemeanors instead of misdemeanors. I will be available to discuss the proposed ordinance at the City Council meeting on Monday evening. Very urs, ndrew J. acArthu COURI MACARTHUR Encl. CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE REGULATING ANIMALS WITHIN THE CITY OF OTSEGO AND REPEALING OTSEGO ORDINANCE NO.8 RELATED TO DOGS The City Council of the City of Otsego, Wright County, Minnesota ordains as follows: Section 1. Repealer. Otsego Ordinance No. 8 related to Dogs is hereby repealed in its entirety. Section 2. Definitions. As used in this Chapter, unless the context otherwise indicates, the following words shall be defined to mean: Subdivision 1. Animal. "Animal" shall mean any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other members commonly accepted as part of the animal kingdom. Animals shall be classified as follows: A. Domestic. "Domestic animals" shall mean those animals commonly accepted as domestic household pets. Unless otherwise defined, such animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non-poisonous, non- venomous and non -constricting reptiles or amphibians, and other similar animals. B. Non -Domestic. "Non- Domestic animals" shall mean those animals commonly considered to be naturally and not usually trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety and welfare of people. Unless otherwise defined, such animals shall include: 1. Any member of the large cat family (family felidea) including lions, tigers, cougars, bobcats, leopards and jaguars, but excluding commonly accepted domesticated house cats. 2. Any naturally wild member of the canine family (family canidae) including wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs. 3. Any crossbreeds such as the crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as a domesticated house pet. 4. Any member or relative of the rodent family including any skunk (whether or not descented), raccoon, squirrel or ferret, but excluding those members otherwise defined or commonly accepted as domesticated pets. 5. Any poisonous, venomous, constricting , or inherently dangerous member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators. 6. Any other animal which is not explicitly listed above but which can be reasonably defined by the terms of this subpart, including but not limited to bears, deer, monkeys and game fish. Subdivision 2. Farm. "farm animals" shall mean those animals commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, such animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (including Vietnamese pot-bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable. Subdivision 3. Cat. "Cat" shall be intended to mean both the male and female of the felidae species commonly accepted as household pets. Subdivision 4. Dog. "Dog" shall be intended to mean both the male and female of the canine species, commonly accepted as domesticated household pets, and other domesticated animals of a dog kind. Subdivision 5. Owner. "Owner" shall be intended to mean any person or persons, firm, company, corporation, association or other entity owning, keeping, or harboring an animal. Subdivision 6. Animals at Large. "At Large" shall be intended to mean off the premises of the owner and not under the custody and control of the owner or other person, either by leash, cord, chain, or otherwise restrained or confined. 2 Subdivision 7. Animal Release Permit. "Release Permit" shall mean a permit issued by the Animal Warden for the release of any animal confined. A Release Permit may be obtained upon payment of a fee as established by Council resolution, payment of the license fee for the animal if unlicensed, as well as payment of all costs incurred by the City in capturing, impounding and harboring the animal. The release fee shall be established from time to time by resolution of the City Council. Section 3. Dogs and Cats. Subdivision 1. Running at Large Prohibited. It shall be unlawful for the dog or cat of any person who owns, harbors, or keeps a dog or cat, or the parents or guardians of any such person under 18 years of age, to run at large. Dogs or cats on a leash and accompanied by and under the control and direction of a responsible person so as to be effectively restrained by command as by leash, shall be permitted in streets or on public land unless the City has posted an area with signs reading "Dogs or Cats Prohibited". Subdivision 2. License Required. A. All dogs over the age of six months kept, harbored or maintained by their owners within the City, shall be licensed and registered with the City. Dog licenses shall be issued by the City Clerk upon payment of the license fee. The Owner shall state at the time of application is made for the license and upon forms provided for such purpose, his or her name and address and the name, breed, color and sex of each dog owned or kept by him or her. No license shall be granted for a dog which has not been vaccinated against distemper and rabies, as provided in this Ordinance. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated. A veterinarian who vaccinates a dog to be licensed in the City shall complete a - certificate of vaccination. One copy shall be issued to the dog owner for affixing to the license application. B. It shall be the duty of each owner of a dog subject to this Section to pay to the Clerk -Treasurer the license fee as imposed by resolution of the City Council. C. Upon payment of the license fee, the City Clerk shall issue to the owner a license certificate and metallic tag for each dog licensed. The tag shall have stamped on it the year in which it was issued and the number corresponding with the number on the certificate. Every Kl owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. In case a dog tag is lost or destroyed, upon application and payment of the required fee a duplicate shall be issued by the City Clerk. Dog tags shall not be transferable from one dog to another and no refunds shall be made on any dog license or tag because of death of a dog or other reason. D. The licensing provisions of this Subdivision shall not apply tom dogs whose owners are non-residents temporarily within the City, nor to dogs brought into the City for the purpose of participating in any dog show, nor shall this provision apply to "seeing eye" dogs or helper dogs properly trained to assist disabled individuals. E. The funds received by the City Clerk from all dog licenses, and metallic tag fees shall be first use to defray costs incidental to the enforcement of this Ordinance. Subdivision 3. Cats. Cats shall be included as within the controls established within this sub -section of the Ordinance in so far as running -at -large, pickup, impounding, boarding, licensing and proof of anti -rabies vaccine is concerned. All other provisions of this Ordinance shall also apply to cats unless otherwise indicated. Subdivision 4. Vaccination. A. All dogs and cats kept harbored, maintained, or transported within the City shall be vaccinated at least once every three years by a licensed veterinarian for: rabies (with a live modified vaccine) and distemper. B. A certificate of vaccination must be kept on which is stated the date of vaccination, owner's name and address, the animal's name (if applicable), sex, description and weight, the type of vaccine, and the veterinarian's signature. Upon demand made by the City Clerk or sheriffs deputy, the owner shall present for examination the required certificates of vaccination for the animals. In cases where certificates are not presented, the owner or keeper of the animals shall have seven days in which to present the certificates to the Clerk -Treasurer or sheriffs deputy. Failure to do so shall be deemed to be a violation of this Ordinance. rd Section 4. Non- Domestic Animals Prohibited. It shall be illegal for any person to own, possess, harbor, or offer for sale, any non-domestic animal within the City limits. Any owner of such an animal at the defective date of adoption of this ordinance shall have thirty days from that date in which to remove the animal from the City after which time the City may impound as provide for in this Ordinance. An exception shall be made to this prohibition for animals specifically trained for and actually providing assistance to the handicapped or disabled, and for those animals brought into the City as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition. Section 5. Farm Animals. Farm animals shall only be kept in agricultural districts of the City or other districts as allowed in the City Zoning Ordinance and pursuant to restrictions set forth in the Zoning Ordinance. An exception shall be made to this sub -section for those farm animals brought into the City as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition. Section 6. Impounding. Subdivision 1. Running at Large. Any unlicensed animal running at large is hereby declared a public nuisance. Any sheriff's deputy or authorized police officer may impound any dog or other animal found unlicensed or any animal found running at large and shall give notice of the impounding to the owner of such dog or other animal, if known. In case the owner is unknown, the officer shall post notice at the City Hall that if the dog or other animal is not claimed within the time period set forth in this Ordinance, it will be sold or otherwise disposed of. Except as otherwise provided in this Ordinance it shall be unlawful to kill, destroy, or otherwise cause injury to any animal, including dogs and cats, running at large. Subdivision 2. Biting Animals. Any animal that has not been inoculated by a live modified rabies vaccine and which has bitten any person, wherein the skin has been punctured or the services of a doctor are required, shall be confined in the City Pound for a period of not less than ten days, at the expense of the owner. The animal may be released at the end of such time if healthy and free from symptoms of rabies, and by payment of all costs by the owner. However, if the owner of animal shall elect immediately upon receipt of notice of need for such confinement by the officer to voluntarily and immediately confine the animal for the required period of time in a veterinary hospital of the owner's choosing, not outside of Wright County, and provide immediate proof of such confinement in such a manner as may be required, the owner may do so. If, however, the animal has been inoculated with a live modified rabies vaccine and the owner has proof of the vaccination by a certificate from a licensed veterinarian, the owner may confine the dog or other animal to the owner's property. 5 Subdivision 3. Reclaiming Animals. All animals conveyed to the City Pound shall be kept, with humane treatment and sufficient food and water for their comfort, at least five regular business days or any time period specifically set forth in this Ordinance. In case the owner or keeper shall desire to reclaim the animal from the pound, the following shall be required, unless otherwise provided for in this ordinance, or established from time to time by resolution of the City Council: A. Payment of a $ release fee and receipt of a release permit from the City or designee. B. Payment of any and all maintenance cost for the animal, per day or any part of a day while the animal is in said pound; and C. If a dog is unlicensed, payment of a regular license fee and valid certificate of vaccination for rabies and distemper shots is required. The $ release fee in A above is in addition to the release permit fee established in this Ordinance. Subdivision 4. Unclaimed Animals. At the expiration of the times established in Subdivision 3, if the animal has not been reclaimed in accordance with the provisions of this Section, the City's designee may let any person claim the animal by complying with all provisions of this Section, or the designee may sell the animal to the University of Minnesota, or cause the animal to be destroyed in a proper and humane manner and shall properly dispose of the remains. Section 7. Dog Kennels and Cat Shelters. Subdivision 1. Definition of Kennel and Cat Shelter. The keeping of three or more dogs and/or cats over six (6) months of age on the same premises, whether owned by the same person or not and for whatever purpose kept, shall constitute a "dog kennel" or a "cat shelter". Subdivision 2. Dog Kennel and Cat Shelter as Nuisance. Because the keeping of three or more cats or dogs on the same premises is subject to great abuse, causing discomfort to people in the area by way of smell, noise, hazard and general aesthetic depreciation, the keeping of three or more cats and/or dogs on the premises without obtaining a kennel license pursuant to applicable ordinances and the City Zoning Ordinance is hereby declared to be a nuisance and no person shall keep or maintain a dog kennel or cat shelter within the City without proper City authorization. 2 Section 8. Nuisances: Animals Subdivision 1. Habitual Barking. It shall be unlawful for any person to keep or harbor a dog which habitually barks or cries. Habitual barking shall be defined as barking or crying for repeated intervals of at least three minutes with less than one minute of interruption.. Such barking or crying must also be audible off of the owner's or caretaker's premises. Subdivision 2. Damage to Property. It shall be unlawful for any person's dog or other animal to damage any lawn, garden or other property (including animals), whether or not the owner has knowledge of the damage. Any animal causing damage to property may be impounded as provided in this section, or a complaint may be issued by any party aggrieved by an animal under this Section, against the owner of the animal for prosecution under this Ordinance. Subdivision 3. Cleaning up Litter. The owner of any animal or person having the custody or the control of any animal shall be responsible for cleaning up any feces of the animal and disposing of such feces in a sanitary manner whether on their own property, on the property of others or on public property. Subdivision 4. Other. Any animals kept contrary to this Section are subject to impoundment. Section 9. Seizure of Animals. Any sheriff's deputy, animal control officer or City designee may enter upon private property and seize any animal provided that the following exist: A. There is an identified complainant other than the deputy, officer or designee making a contemporaneous complaint about the animal; B. The deputy, officer or designee reasonably believes that the animal meets the criteria for a barking dog, cruelty, or for an animal at large as set forth in this ordinance; C. The deputy, officer or designee can demonstrate that there has been at least one previous complaint of a barking dog, inhumane treatment of an animal, or that the animal was at large at this address on a prior date; D. The deputy, officer or designee has made a reasonable attempt to contact the owner of the property and those attempts have either failed or have been ignored; 7 E. The seizure will not involve the forced entry into a private residence. Use of a pass key obtained from a property manager, landlord, innkeeper, or other person authorized to have such key shall not be considered unauthorized entry; F. Written notice of the seizure is left in a conspicuous place if personal contact with the owner of the dog is not possible. Section 10. Animals Presenting a Danger to Health and Safety of City. If in the reasonable belief of a deputy, officer or designee, an animal presents an immediate danger to the health and safety of any person including a deputy, officer or designee, or the animal is threatening imminent harm to any person, or the animal is in the process of attacking any person, the officer may destroy the animal in a proper and humane manner. Otherwise, the deputy, officer or designee may apprehend the animal and deliver it to the pound for confinement. If the animal is later determined to be no longer a danger to the health, safety and welfare of the City, it may be released to its owner. Section 11. Diseased Animals. Subdivision 1. Running at Large. No person shall keep or allow to be kept on his or her premises, or on premises occupied by them, nor permit to run at large in the City, any animal which is diseased so as to be a danger to the health and safety of the City, even though the animal be properly licensed under this Section. Subdivision 2. Confinement. Any animal reasonably suspected of being diseased and presenting a threat to the health and safety of the public, may be apprehended and confined in the pound by any person or police officer. The police officer shall have a qualified veterinarian examine the animal. If the animal is found to be diseased in such a manner so as to be a danger to the health and safety of the City, the officer shall cause such animal to be painlessly killed and shall properly dispose of the remains. The owner or keeper of the animal killed under this Section shall be liable for at least to cover the cost of maintaining and disposing of the animal, plus the costs of any veterinarian examinations. Subdivision 3. Release. If the animal, upon examination, is not found to be diseased within the meaning of this Section, the animal shall be released to the owner or keeper free of charge. Section 12. Dangerous Animals. Subdivision 1. Attack by an Animal. It shall be unlawful for any person's animal to inflict or attempt to inflict bodily injury to any person or other animal whether or not the owner is present. This section shall not apply to an attack by a dog under the control of an on -duty law enforcement officer or to an attack upon an uninvited intruder who has entered the owner's home with criminal intent. Subdivision 2. Destruction of Dangerous Animal. A deputy, officer, or designee shall have the authority to order the destruction of dangerous animals in accordance with the terms established by this ordinance. Subdivision 3. Definitions. (1) A dangerous animal is an animal which has: a. Caused bodily injury or disfigurement to any person on public or private property; or b. Engaged in any attack on any person under circumstances which would indicate danger to personal safety; or C. Exhibited unusually aggressive behavior, such as an attack on another animal; or d. Bitten one (1) or more persons on two (2) or more occasions; or e. Been found to be potentially dangerous and/or the owner has personal knowledge of the same, the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals. (2) A potentially dangerous animal is an animal which has: a. Bitten a human or a domestic animal on public or private property; or b. When unprovoked, chased or approached a person upon the streets, sidewalks, or any public property in an apparent attitude of attack; or C. Has engaged in unprovoked attacks causing injury or otherwise threatening the safety of humans or domestic animals. we (3) Proper enclosure. Proper enclosure means securely confined indoors or in a securely locked pen or structure suitable to prevent the animal from escaping and to provide protection for the animal from the elements. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only barriers which prevent the animal from exiting. The enclosure shall not allow the egress of the animal in any manner without human assistance. A pen or kennel shall meet the following minimum specifications: a. Have a minimum overall floor size of thirty-two (32) square feet. b. Sidewalls shall have a minimum height of five (5) feet and be constructed of 11 -gauge or heavier wire. Openings in the wire shall not exceed two (2) inches, support posts shall be one - and -one -quarter -inch or larger steel pipe buried in the ground eighteen (18) inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of eighteen (18) inches in the ground. C. A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than two (2) inches. d. An entrance/exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openirigs in the wire greater than two (2) inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. (4) Unprovoked. Unprovoked shall mean the condition in which the animal is not purposely excited, stimulated, agitated or disturbed. Subdivision 4. Designation as potentially dangerous animal. The deputy, officer, or designee shall designate any animal as a potentially dangerous animal upon receiving such evidence that such potentially dangerous animal has, when unprovoked, then bitten, attacked, or threatened the safety of a person or a 10 domestic animal as stated in subparagraph (c)(2). When an animal is declared potentially dangerous, the deputy, officer, or designee shall cause one (1) owner of the potentially dangerous animal to be notified in writing that such animal is potentially dangerous. Subdivision 5. Evidence Justifying Designation. The deputy, officer, or designee shall have the authority to designate any animal as a dangerous animal upon receiving evidence of the following: (1) That the animal has, when unprovoked, bitten, attacked, or threatened the safety of a person or domestic animal as stated in subparagraph (c)(1). (2) That the animal has been declared potentially dangerous and such animal has then bitten, attacked, or threatened the safety of a person or domestic animal as stated in subparagraph (c)(1). Subdivision 6. Authority to Order Destruction. The deputy, officer, or designee, upon finding that an animal is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the animal be destroyed based on a written order containing one (1) or more of the following findings of fact: (1) The animal is dangerous as demonstrated by a vicious attack, an unprovoked attack, an attack without warning or multiple attacks; or (2) The owner of the animal has demonstrated an inability or unwillingness to control the animal in order to prevent injury to persons or other animals. Subdivision 7. Procedure. The deputy, officer, or designee, after having determined that an animal is dangerous, may proceed in the following manner: (1) The deputy, officer, or designee shall cause one (1) owner of the animal to be notified in writing or in person that the animal is dangerous and may order the animal seized or make such orders as deemed proper. This owner shall be notified as to dates, times, places and parties bitten, and shall be given fourteen (14) days to appeal this order by requesting a hearing before the city council for a review of this determination. a. If no appeal is filed, the orders issued will stand or the deputy, officer, or designee may order the animal destroyed. 11 b. If an owner requests a hearing for determination as to the dangerous nature of the animal, the hearing shall be held before the city council, which shall set a date for hearing not more than three (3) weeks after demand for the hearing. The records of the deputy, officer, or designee or city clerk's office shall be admissible for consideration by the deputy, officer, or designee without further foundation. After considering all evidence pertaining to the temperament of the animal, the city council shall make an order as it deems proper. The city council may order that the deputy, officer, or designee take the animal into custody for destruction, if such animal is not currently in custody. If the animal is ordered into custody for destruction, the owner shall immediately make the animal available to a City designee. C. No person shall harbor an animal after it has been found by to be dangerous and ordered into custody for destruction. Subdivision 8. Stopping an Attack. If any deputy, officer, or designee is witness to an attack by an animal upon a person or another animal, the deputy, officer, or designee may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to the victim. Subdivision 9. Notification of New Address. The owner of an animal which has been identified as dangerous or potentially dangerous must notify the deputy, officer, or designee in writing if the animal is to be relocated from its current address or given or sold to another person. The notification must be given in writing at least fourteen (14) days prior to the relocation or transfer of ownership. The notification must include the current owner's name and address, the relocation address, and the name of the new owner, if any. Subdivision 10. City's Optibn to Use Alternative Enforcement. The City may, at its option, enforce the above Section through alternative means including enforcement of relevant State statutes by the City or County. Section 13. Dangerous Animal Requirements. Subdivision 1. Requirements. If the city council does not order the destruction of an animal that has been declared dangerous, the city council may, as an alternative, order any or all of the following: (1) That the owner provide and maintain a proper enclosure for the dangerous animal as specified in Section 12, Subdivision 3(3); 12 (2) Post the front and the rear of the premises with clearly visible warning signs, including a warning symbol to inform children, that there is a dangerous animal on the property as specified in Minnesota Statute 347.51; (3) Provide and show proof annually of public liability insurance in the minimum amount of three hundred thousand dollars ($300,000.00); (4) If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash (not to exceed six (6) feet in length) and under the physical restraint of a person sixteen (16) years of age or older. The muzzle must be of such design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration; (5) If the animal is a dog, it must have an easily identifiable, standardized tag identifying the dog as dangerous affixed to its collar at all times as specified in Minnesota Statute 347.51; (6) All animals deemed dangerous by the deputy, officer, or designee shall be registered with the County in which this city is located within fourteen (14) days after the date the animal was so deemed and provide satisfactory proof thereof to the deputy, officer, or designee. (7) If the animal is a dog, the dog must be licensed and up to date on rabies vaccination. If the animal is a cat or ferret, it must be up to date with rabies vaccination. Subdivision 2. Seizure. A deputy, officer, or designee shall immediately seize any dangerous animal if the owner does not meet each of the above requirements within fourteen (14) days after the date notice is sent to the owner that the animal is dangerous. Seizure may be appealed to district court by serving a summons and petition upon the city and filing it with the district court. Subdivision 3. Reclaiming Animals. A dangerous animal seized under Section 13, Subdivision 2, may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, applicable release permit fees, and presenting proof to animal control that each of the requirements under Section 13, Subdivision 2, is fulfilled. An animal not reclaimed under this section within fourteen (14) days may be disposed of as provided under Section 12, Subdivision 13 6, and the owner is liable to animal control for costs incurred in confining the animal. Subdivision 4. Subsequent Offenses. If an owner of an animal has subsequently violated the provisions under Section 12 with the same animal, the animal must be seized by a deputy, officer, or designee. The owner may request a hearing as defined in Section 12, Subdivision 6. If the owner is found to have violated the provisions for which the animal was seized, the deputy, officer, or designee shall order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining the animal. If the person is found not to have violated the provisions for which the animal was seized, the owner may reclaim the animal under the provisions of Section 13, Subdivision 3. If the animal is not yet reclaimed by the owner within fourteen (14) days after the date the owner is notified that the animal may be reclaimed, the animal may be disposed of as provided under Section 12, Subdivision 6 and the owner is liable to the animal control for the costs incurred in confining, impounding and disposing of the animal. Section 14. Basic Care. All animals shall receive from their owners or keepers kind treatment, housing in the winter, and sufficient food and water for their comfort. Any person not treating their pet in such a humane manner will be subject to the penalties provided in this Section. Section 15. Breeding Moratorium. Every female dog or female cat in heat shall be confined in a building or other enclosure in such manner that it cannot come in contact with another dog or cat except for planned breeding. Upon capture and failure to reclaim the animal, every dog or cat shall be neutered or spayed prior to being transferred to a new owner. Section 16. Enforcing Officer. The Council is hereby authorized to appoint an officer or designee to enforce the provisions of this Section. The officer may be a deputy sheriff. In the officer's duty of enforcing the provisions of this Section, he or she may from time to time, with the consent of the Council, designate assistants. Section 17. Pound. Every year the Council shall designate an official pound to which animals found in violation of this chapter shall be taken for safe treatment, and if necessary, for destruction. Section 18. Interference with Officers. No person shall in any manner molest, hinder, or interfere with any person authorized by the Council to capture dogs, cats or other animals and convey them to the pound while engaged in such operation. Nor shall any unauthorized person break open the pound, or attempt to do so, or 14 take or attempt to take from any agent any animal taken up by him or her in compliance with this Chapter, or in any other manner to interfere with or hinder such officer in the discharge of his or her duties under this Chapter. Section 19. Violations and Penalties. Subdivision 1 Separate Offenses. Each day a violation of this Chapter is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this Section. Subdivision 2 Misdemeanor. Unless otherwise provided, violation of this Chapter shall constitute a misdemeanor punishable by a fine of up to $1,000 or imprisonment for up to 90 days. Subdivision 3. Petty Misdemeanor. Violations of misdemeanors punishable by a fine up to $300. ADOPTED this _ County, Minnesota. IN FAVOR: OPPOSED: ATTEST: are petty day of December, 2003 by the Otsego City Council, Wright Judy Hudson, City Clerk Larry Fournier, Mayor 15 Memo To: City of Otsego From: David R. Wendorf Date: 12/4/2003 Re: Authority for a Statutory City to Adopt a Ward Election System Our office received an inquiry concerning the legal authority and procedure for a statutory city to adopt a ward election system. I was unable to find any specific statutory authority for a statutory city to adopt a ward system. Most references to ward systems relate home rule charter cities. I did contact the League of Minnesota Cities research department to see if they were aware of any such authority. They indicated that they were not aware of any authority that applied to statutory cities. I next did some online research on Minnesota statutory cities to determine if any were using a ward system. I obviously did not check every statutory city in Minnesota but I did discover four statutory cities using a ward system. I contacted those cities to determine how they became ward system cities. The Cities of Elk River and Hibbing became ward cities as a result of annexation and consolidation agreements. The municipal incorporation, consolidation and annexation by order statutes all contain a specific provision by which a ward system may be established as part of those processes. The City of St. Peter went back in its records to 1905 and determined that it has always had a ward system. The City of Chaska as of the date of this memo has not yet responded. The City of Otsego at the time of its incorporation could have requested that a ward system be included in the incorporation order. The City's order does not contain the ward system establishment language and therefore, Otsego has an at large election system like most statutory cities. A charter city may have a ward system by operation of the terms of its charter. A charter is a body of law developed by the city for the regulation of all municipal functions including elections. Charters typically provide for the establishment and administration of all departments of city government. Charters generally may provide for any scheme of municipal government not inconsistent with the state constitution and Minnesota Statutes Chapter 410. DRW 0 Page 1 ITEM 9_2 RESOLUTION NO. 2003-88 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION SETTING A TAX LEVY OF $1,673,967 FOR 2004 BUDGET APPROPRIATIONS WHEREAS, the Otsego City Council is required by State law to establish a final tax levy for 2004 by December 17, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO, MINNESOTA 1. That there is hereby approved for proposed expenditure from general taxes the following sums for the purpose indicated. General Government $1,303,335 1999 Overlay Debt Service $ 55,000 2003 Debt Service $ 289,632 Equipment Certificate $ 26,000 Total Tax Levy $1,673,967 Dated this 8th day of December, 2003 CITY OF OTSEGO Larry Fournier•,. Mayor ATTEST: Judy Hudson, City Clerk ITEM 9.3 RESOLUTION NO. 2003-89 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION SETTING A BUDGET OF $1,757,332 FOR 2004 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO, MINNESOTA 1. That there is hereby approved for proposed expenditure a total budget of $1,757,332.00 for the year 2003. Dated this 8th day of December, 2003 ATTEST: Judy Hudson, City Clerk CITY OF OTSEGO Larry Fournier, Mayor ITEM 10.1 MEMO Date: December 4, 2003 To: Mayor & Council From: City Administrator Mike Robertson Re: Update on Special Project Priorities I have listed below our current special projects list according to the primary person working on it. I have also enclosed a description of each project. These projects are in addition to the normal flow of work, which would include expected projects such as East Waterfront development, West Sewer & Water System Construction, Hiring a Building Inspector, etc. I would like Council to review the list, add or delete any projects, and determine the priorities for 2004. Prioritizing this list makes everyone aware of the priorities and allows staff to focus on their top priority project until it is done. Council can obviously change the priority of any project at any time. CITY ADMINISTRATOR MIKE ROBERTSON Equipment Inventory Public Works Facility Plan Capital Equipment Plan Emergency Response Plan Street Lighting Policy CITY CLERK JUDY HUDSON Records Retention Schedule Peddlers Ordinance CITY PLANNER DAN LICHT City Ordinance Codification Comp Plan Update Park Plan Update - West Otsego On Street Parking Ordinance CITY ATTORNEY ANDY MACARTHUR Dog Ordinance Update Report on Establishing Wards Methamphetamine Ordinance Ordinance on Private Used Car Sales CITY ACCOUNTANT GARY GROEN GASB 34 Conversion Financial Procedures & Policies Manual Expanded Budget Document CITY ENGINEER RON WAGNER Quaday Avenue Improvement MacIver Avenue Improvement Otsego Creek Improvement NE Wright County Transportation Plan East Otsego Sewer & Water Plan West Otsego Transportation Plan Parrish Avenue Dike Review PEOPLE SERVICE, INC. Water & Sewer Rate Study 2 SPECIAL PROJECT DESCRIPTIONS EQUIPMENT INVENTORY Provide a list of existing equipment with age, hours, mileage, etc., and current usage included. PUBLIC WORKS FACILITY PLAN Review/Estimate Public Works needs for the next 10-20 years to determine how much space and what type of facilities are needed. Review possible sites for such a facility. CAPITAL EQUIPMENT PLAN Draft a plan for the City's equipment needs for all departments. The first phase would focus on the Public Works department. EMERGENCY RESPONSE PLAN Draft a plan which would lay out the City of Otsego`s responses to various emergencies. STREET LIGHTING POLICY Council has at various times over the last few years discussed establishing a street lighting policy to determine where streetlights should be located in the City. At this point the City policy as established in the Engineering Standards Manual is that the City provides streetlights only at intersections. CITY RECORDS RETENTION SCHEDULE City Clerk Hudson has pulled together all of the requirements of the State and the recommendations of the League of Minnesota Cities for making certain that we are maintaining our records properly. City Attorney MacArthur is currently reviewing the information to be sure we are up to date with legal requirements. PEDDLERS ORDINANCE Update our peddler's ordinance to bring it into the 21St Century. CITY ORDINANCE CODIFICATION This is expected to be submitted to the City Council 3 within the next month. COMP PLAN UPDATE Update of the Comprehensive Plan to plan for eventual sewer service to the entire community. Dan has already started preliminary work on this. PARK PLAN UPDATE The Park Plan needs to be updated for the West Sewer District area. This could be done as part of the Comp Plan Update. ON STREET PARKING ORDINANCE We have had several requests to restrict on street parking, particularly in the new subdivisions. Staff will review other communities ordinances and present options to the Council. DOG ORDINANCE UPDATE The City Attorney has met with Council to review this ordinance and this project could be completed shortly. REPORT ON ESTABLISHING WARDS Review State statutes and produce a report detailing the actions Otsego would need to take to establish a ward system. METH LAB ORDINANCE Produce an ordinance establishing conditions for the human habitation of properties convicted of having a methamphetamine laboratory on the premises. ORDINANCE ON PRIVATE PROPERTY USED CAR SALES Produce an ordinance governing used car sales on non- commercial property. QUADAY AVENUE IMPROVEMENT Replace % of a mile of existing gravel road with a major collector road. MACIVER AVENUE IMPROVEMENT Replace two miles of an existing gravel road with a major collector road. 51 OTSEGO CREEK IMPROVEMENT Begin the improvement of Otsego Creek from County Road 19 to the Section 30 wetland. NE WRIGHT COUNTY TRANSPORTATION PLAN This plan is near completion. It will guide future transportation planning for Otsego, St. Michael, Albertville, and Wright County. EAST OTSEGO SEWER & WATER PLAN Draft a comprehensive sewer and water plan for those areas of East Otsego that will be served by the expansion of the East Otsego Sewer Plant. WEST OTSEGO TRANSPORTATION PLAN As part of the Comp Plan update, staff will be updating the transportation plan for West Otsego. The City Engineer has already prepared a draft which the Council has reviewed. PARRISH AVENUE DIKE REVIEW Working with the Army Corp of Engineers on their review of the Parrish Avenue dike. GASB 34 CONVERSION Gather the necessary information and convert the City's financial systems to met the federal unfunded mandate known as General Accounting Standards Board #34. FINANCIAL POLICIES & PROCEDURES MANUAL Develop a manual for Council approval detailing the financial policies and procedures that are to govern the actions of City staff. EXPANDED "BUDGET DOCUMENT Perform the necessary financial analysis to develop an expanded budget document that lays out the average cost per household for most city services. WATER & SEWER RATE STUDY People Service is currently working on a rate study for our water and sewer system. They do this for free as part of their regular services. 5 COMPLETED PROJECTS FINANCIAL PLAN The Financial Plan was completed and reviewed by the Council in late 2002. Staff will update this plan on yearly basis and present it for review early each calendar year. PARK CAPITAL IMPROVEMENTS PLAN This plan was submitted last year and was the legal basis for raising the City's Park & Trail fees. OTSEGO CREEK CULVERTS Costs for these culverts were determined and an Otsego Creek Fund has been set up and will be updated yearly as part of the Financial Plan. WEST OTSEGO REGIONAL PARK SITES Council and Park Commissioners have reviewed several sites for major community parks. The concepts discussed for these parks can be refined further as part of the Park Plan update. OTSEGO CREEK STORMWATER PLAN Council has approved the Otsego Creek Stormwater Plan. CITY HALL REMODELING City Hall remodeling based on accommodating building inspection and administrative personnel for the next few years has been completed. Council has reviewed remodeling concepts for accommodating either a police department or an expansion of existing services. WATER &"SEWER BUDGET A water & sewer budget was submitted and reviewed by Council. People Service is currently doing a free rate study which they expect to present some time in the next few months. This may cause the budget to be revised. CITY IDENTIFICATION SIGNAGE COSTS The City Council examined cost estimates and decided not to spend the money except for the Waterfront sign. 0 REVISION OF LIQUOR ORDINANCES The ordinances have been revised so that there are no longer public hearings required for renewals of every license. PARRISH AVENUE FLOODING GRANT The grant was not funded and the information we received from State and federal officials convinced us that they are not likely to ever fund it unless criteria drastically change. AGENDA SECTION Item 11. ITEM NUMBER: 11.1 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION DEPARTMENT Clerk's ITEM DESCRIPTION: Fire Contract MEETING DATE 12-08-03 PREPARED BY: Judy Hudson, Clerk Attached is the Monticello Fire Contract. This is a 3 Year Contract. I recommend approval. They are charging $45.00 per parcel and we are collecting $55.50 per parcel. MONTICELLO NTS. Judy Hudson City of Otsego 8899 Nashua Avenue NE Elk River. MN 55330 Re: Otsego/Monticello Fire Service Contract Renewal Dear Judy: December 1. 2003 Enclosed you will find three copies of a new fire protection agreement covering the next three years expiring. I2-31-06. Based on the information you provided, I added two additional parcels to the number of units being covered to arrive at a total of 285 parcels for year 2004. Please have the appropriate officials sign all three copies of the agreement and return them to me for further signatures. A signed agreement will be returned to }'-ou. As a reminder, if the total parcel count is incorrect, simply insert the correct number of parcels and initial the change. This will be acceptable to the Joint Fire Board. Should you have any additional questions, please feel free to give me a call. Sincerely, CITY OF A101YTICELLO �zvjtzv� Rick Wolfsteller City Administrator RW/dg Enclosure: Fire Contract (3 copies) cc: Fire contract file. Monticello City Hall, 505 Walnut Street, Suite 1, Monticello, MN 55362-8831 • (763) 295-2711 • Fax: (763) 2954404 Office of Public Works, 909 Golf Course Rd., Monticello, MN 55362 • (763) 295-3170 • Fax: (763) 271-3272 FIRE PROTECTION .% REEMENT This AGREEMENT between the Cite and To%�nship of Monticello. Minnesota. hereafter referred to as the JOINT FIRE DEPARTMENT. and the Citv of Otsego. hereafter referred to whether in whole or i CITY, both agree as follows::n part as the _ARTICLE I The JOINT FIRE DEPARDOENTa`_rees to furnish fire service and Fire protection to all properties subject to the terms of this agreement. %% ithin the CITY area. said area being set forth in EXHIBIT A. attached hereto. ARTICLE 11 The JOINT FIRE DEPARPOENT kill make a reasonable effort to attend all tires within the CITY area upon notification of such fire or tires, and under the direction of the JOINT FIRE DEPARTMENT fire chief. subject to the follo%%in�_ terms and conditions: A. Road and %weather conditions must be such that the fire run can be made with reasonable safety to the firemen and equipment of the JOINT FIRE DEPARTMENT. The decision of the fire chief or other officer in charge ofthe fire department at the time that the fire run cannot be made ,.\ith reasonable safety to firemen and equipment shall be final. B. The JOINT FIRE DEPARTMENT shall not be liable to the CITY for the loss or damage of any kind whatever resultin`_ from any failure to furnish or any delay in furnishin`_ equipment. or from any failure to prevent. control. or extin`� firemen or fir' extinguish damage is caused by the ne�,li`ence of the officers. ageor employees of the JOINT FIRE any tire, tyhether such loss or DEPARTMENT or its fire department. or other%�ise. �� ARTICLF III The JOINT FIRE DEPARTIMENT further aurees: A. To keep and maintain in good order at its Oen expense the necessary equipment and fire apparatus for fire service and fire protection %%ithin the town area so serviced. B. The JOINT FIRE DEPARTMENT shall provide sufficient manpower in its Fire department to operate fire equipment. D. file JOINT FIRE DEPARTMENT %\ ill submit a summary to the Cite basis. ofall tires on a munthl� Page 1 ARTICLE IV The CITY a;rees: A. To pay an annual fee of $45 for each tax identification parcel as determined by the Otsego City - Assessor and/or Wright County Auditors office for years 2004 through 2006_These fees shall include all standby charges and fire call costs. The total annual fee for the first year of this contract is estimated to be $12.825.00 based on an estimated 285 parcels c $-l5 each. The annual fee shall be adjusted for years 2005 and 2006 at the same $45.00 rate per parcel for additional parcels added within coverage area. B. Annual fee shall be paid as follovys: prior to January 1 of each year - 25% prior to April 1 of each year - 25% prior to July 1 of each year - 25% prior to October 1 of each year - 25% C. Any false alarm call to an individual or business that, in the opinion of the NNIonticello Fire Chief. was the result of a defective or malfunctionin�(y alarm system NN -111 receive a written notice outlining this policy. indicating a second false alarm call within the calendar year will subject the property owner to a $100 charge. The notice \,%ill also indicate that three or more false alarms durinu the calendar year will result in the property owner being charged $2_50 for the alarm call. D. Anv false alarm charge billed directly to an individual or business by the Joint Fire Board under this Agreement that remains unpaid by October 31 of each year shall become the responsibility of the City for reimbursement. E. All payments must be made in accordance with this schedule to render this agreement effective for each calendar year of the contract. ARTICLE V In case an emergency arises within the JOINT FIRE DEPARTMENT while equipment and personnel of the fire department are engaged in ti`_htina a fire within the CITY area. calls shall be answered in the order of their receipt unless the Fire chief or other officer in charge of the fire department at the time otherwise directs. In respondinor to fire calls within the CITY area. the fire chief or other ofticer'in charge shall dispatch only such personnel and equipment as in his opinion can be safely spared from the JOINT FIRE DEPARTMENT. EN . ARTICLE VI In cases yyhere the JOINT FIRE DEPARTMENT receives a notification of an emergency other than a tire. and its assistance is requested in the area defined in Exhibit A of this contract. it shall respond to such emerliency in the same manner as a fire as outlined in this contract. Char -es for such service shall be as outlined in ARTICLE VI. Pa,ze 2 ARTICLE VII The CITY agrees to make a fire protection tax levy or otherwise to provide funds each year in an amount sufficient to pay the JOINT FIRE DEPARTMENT the compensation agreed upon. ARTICLE VIII This AGREEMENT shall be in force for a term of three (3) years beginning on January 1, 2004. and ending on the 31 st day of December. 2006. This contract may be terminated upon a six-month notice by either party. CITY OF i✓IONTICELLO By: Mayor Attest: Clerk Signed this CITY OF OTSEGO By: Mayor Attest: Clerk day of Signed this day of , 2003. 2003. TOWNSHIP OF MONTICELLO Chairperson Attest: Clerk Signed this day of 2003. Page 3 EXHIBIT A This EXHIBIT is a part of the attached FIRE PROTECTION AGREEMENT, and its purpose is to designate the area covered tinder this AGREEMENT and referred to herein as the CITY area. Therefore, the CITY area in which protection for tires is agreed to involves the following sections of the CITY herein: (SEE ATTACHED ,1APS) Ranee 24 (Unplatted Areas) Section 10 Section I 1 Section 14 Section 1 Section 22 Section 23 Nl/2 of Section 27 Plats: Billstroms Riverview Addition Island View Estates Arrowhead Estates Riverwood PUD Island View Estates III Vintage Golf Course Mississippi Pines TOTAL NO. OF PARCELS 285 At $45.00 per Parcel = $12.825.00 CITY OF MONTICELLO By: i'vlayor Attest: Clerk T0Vv11SHIP OF MONTICELLO By: Chairperson Attest: Clerk IJLsego Farms Gre<<ir.s `lississ� ��_�i Kills CITY OF OTSEGO By: Mayor Attest: Clerk Page 4