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10-14-02 CCCLAIMS LIST CITY COUNCIL MEETING OCTOBER 14,2002 TO: Judy Hudson ITEM 5. 1. Attached is the Claims List for the City Council. For more details, please refer to the Check Detail Registers. If you have any questions regarding this service, please let me know. Claims Register 09-26-2002 $ 99,469.98 10-07-2002 $ 48,319.87 10-09-2002 $ 190,078.24 GRAND TOTAL $ 337,686.09 If you have any questions or if you would Eke to review this list further, please let me know. Kathy Grover Bookkeeper CIITY OF OTSEGO 10/09/02 2:54 PM *Check Summary Register@ PagG 1 OCTOBER 2002 FILTER: None Name Check Date Check Amt 10100 BANKOFELKRIVER UnPaid ABC ARROW BLDG CNTR UnPaid AFFORDABLE SANITATION $12.23 UnPaid AIRGAS, INC. $172.92 UnPajd B & D PLUMBING & HEATING INC $19.11 UnPaid BRIAN KELLEY $798.00 UnPaid COURI MACARTHUR LAW OFFICE $477.49 UnPaid CUB FOODS ELK RIVER $15,792.50 UnPajd DAVID CHASE $78.21 UnPaid DRAKE CONSTRUCTION, INC. $30.00 UnPaid FENNA HOMES $1,000.00 UnPaid GLENS TRUCK CENTER INC $1,000.00 UnPaid GRIDOR CONSTR., INC. $167.22 UnPaid H G WESER OIL COMPANY $111,806.00 UnPaid HAKANSON ANDERSON ASSOC INC $1,302.79 UnPaid KNUTSON RICK $52,513.73 UnPaid LAW BULLETIN PUBLISHING CO $30.00 UnPaid MICHAEL JOHN ROBERTSON $805.00 UnPaid THOMAS REGER $625-27 UnPaid TOSHIBA AMERICA INFO SYS INC $61.84 UnPaid WRIGHT COUNTY AUDITOR -TREASURE $211.83 UnPaid XCELENERGY $376.00 UnPaid ZIEGLER INC $45.07 $2,753.03 Total Checks $190,078.24 FILTER: None CITY OF OTSEGO 10/09/02 2:54 PM Page I *Check Detail Register@ OCTOBER 2002 Check Amt Invoice Comment 10100 BANKOFELKRIVER E 101-43100-310 Miscellaneous $12.23 - 57366 MISC WOOD LATH/SPRAY PAINT Total ABC ARROW BLDG CNTR $12.23 XF— E201-45000-410 Rentals (GENERAL) $172.92 210013 HC UNIT Total AFFORDABLE SANITATION $172.92 �f — Alifdiij ........................... E101-43100-210 Operating Supplies (GENERAL) $19-11 - 105725185 ACET/HAZ/O)CrGEN Total AIRGAS, INC. $19.11 Unpaid B & 0 PLUMBING & HEATING INC E 101-41970-310 Miscellaneous $798.00 - 48473 PEAVEY HOUSE FURN/W HEATER Total 8 & D PLUMBING & HEATING INC $798.00 Unp aid BRIAN KELLEY E 101-41970-310 Miscellaneous $477.49 PEAVEYHOUSE REPAIRS Total BRIAN KELLEY $477.49 COURI MACARTHUR LAW OFFICE .......... . I . . ............. G 701-21990 W H U N K $380.00 WH LINK G 701-22313 BLACKWOODS SITE $2,375.00 BLACKWOODS G 701-22321 RIVERPOINTE 2ND $1,375.00 RIVERPOINTE 2 E 101 -41700-301 Legal Services $2.990.00 GENERAL G 701-21938 TMH Development $737.50 TODAY - OTSEGO BUS PARK E 413-43100-301 Legal Services $600.00 ODEAN AVE G 701-21938 TMH Development $2,062.50 TODAY - OTSE BUS PARK E 405-431OG-301 Legal Services $500.00 CHRIST LUTHERAN E 101-42420-301 Legal Services $300.00 BALAMUT E 420-43100-301 Legal Services $290.00 PAGE AVENUE G 701-22312 FEMAFLOODAREAPARISH $3,440.00 PARRISH AVE E 101-41700-301 Legal Services $170.00 CABLE FRANCHOSE E 101-4242G-301 Legal Services S30.00 ASLAGSON G 701-22306 DeMars Plat $100.00 DEMARS E 101 -42420-301 Legal Services $50.00 ABATEMENT G 701-22315 OTSEGO MEADOWS GOLF $62.50 OTSEGO MEADOW GOLF E 101-41700-301 Legal Services $30.00 RELIANT E 434-431OG-301 Legal Services $100.00 85TH ST E41S-43251-301 Lega[Swvices $200.00 WASTEWATER TREATMENT Total COURI MACARTHUR LAW OFFICE $15,792,50 E 101-41400-205 Election Supplies $78.21 - 90702 PRIM ELECTION SUPPLIES Total CUB FOODS ELK RIVER $78.21 --.— .... -- ........... E 101-431010-320 Telephone S30.00 OCT CELL PHONE Total DAVID CHASE $30.00 E 702-41400-310 Miscellaneous $1,000.00 8262 PADRE CT LNDSCP REFUND Total DRAKE CONSTRUCTION, INC. $1,000.00 , E 702-41400-310 Miscellaneous $1,000.00 8187 PADGETT LNDSCP REFUND Total FENNA HOMES $1,000.00 CITY OF OTSEGO *Check Detail Register@ OCTOBER 2002 Amt Invoice K CENTER INC E 101-43100-220 Repair/Maint Supply (GENERAL) $11-91 1222470048 2000 IH TRK E101-43100-220 Repair/Maint Supply (GENERAL) $135.23 12"4800010 81 TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $20.08 1222680039 81 TRK Total GLENS TRUCK CENTER INC -$167.22 E429-43256-500 Capital Outlay (GENERAL) $111,806-00 7 WWTF #7 Total GRIDOR CONSTR., INC. $111,806.00 10/09/02 2:54 PM Page 2 H G BER OIL C PANY E101-43100-202 Gas&OiI $617.40 44846 DIESEL FUEL E 101-43100-202 Gas & Oil $448-16 44847 GAS E 101-43100-202 Gas & Oil $237.23 45025 ANTIFREEZE Total H G WESER OIL COMPANY $1,302.79- E 422-43100-530 Improvements Other Than Bldgs ($1,916.03) 88TH ST EXT 42 TO QUADAY G 701-21982 Prairie Creek Sth $410.30 6428 PRAIRIE CREEK 5 G 701-21958 Crimson Ponds 111 $266.77 6430 CP 4TH G 701-22315 OTSEGO MEADOWS GOLF $164.60 6432 MEADOWS GOLF G 701-21988 Cummings $115.51 6433 OTSEGO IND PARK STH G 701-22313 BLACKWOODS SITE $29.56 6434 BLACKW00os G 701-22320 RETAIL OFFICE SPACE $268.13 6435 MARKEY WEST G 701-22331 PHEAST RIDGE 6 $197.75 6438 PHEAST RIDGE 6TH E 420-43100-302 Engineering Fees $12,427.25 6439 PAGE 79TH TO 85TH G 701-21927 0. Thompson CUP 99-18 $34.38 6440 RIVERPOINTE 1 G 701-21946 Crimson Ponds 2nd $118.94 6441 CP2 G 701-21915 Crimson Ponds/Backes 99-7 $118.94 6441 CP 1 G 701-21936 Mississippi Pines PUD oo $37.99 6442 MISSISSIPPI PINES G 701-21949 Stone Gate Estates $473.94 6443 STONEGATE1ST G 701-21958 Crimson Ponds 111 $270.20 6444 CP3RD G 701-21961 Pheasant Ridge #rd & 4th $216.57 6445 PHEAST RIDGE 3 G 701-21987 Baurely site Plan Review $34.34 6446 1-94 WEST IND PARK G 701-21973 Pheasant Ridge 5th $115.50 6447 PHEAST RIDGE 5 G 701-21961 Pheasant Ridge #rd & 4th $889.41 6449 PHEAST RIDGE 4 G 701-21942 Ranch Acres $297.53 6450 GRUPA RANCH ACRES E 418-43100-302 Engineering Fees $837.00 6451 QUADAY E 203-45210-302 Engineering Fees $2,278.19 6453 PARKS E 423-43100-302 Engineering Fees $5,301.26 6454 TRAF SIGN 42 & 39 E 101-41400-348 Maps $451.00 6455 CITY MAP E 101-41560-302 Engineering Fees $280.00 6456 STAFF MEETING E 420-43100-302 Engineering Fees $296.63 6458 85TH ST BIKE PATH G 701-22310 LEFEBVRE CARPET REZONE $112.50 6461 LEFEB CARPET G 701-22317 CHURCH JCLS $174.29 6461 LOS CHURCH G 701-22302 BETTY BENSON $112.50 6461 BETTY BENSON G 701-22327 MRD BANK SITE $457.26 6461 MRD BANK G 701-22325 101 MARKET $544.94 6461 101 MARKET E 423-43100-302 Engineering Fees $16,992.23 6477 QUADAY & 91 ST E 101-43100-302 Engineering Fees $1,829.02 6478 PUBLIC WORKS G 701-21977 Stone Gate 2nd $1,087.61 6506 STONEGATE2 G 701-21980 Hidden Creek Trail Subd $95.53 6507 HIDDEN CREEK TRAILS G 701-21940 The 'Point I & 2' - Big Eds $325.89 6508 THE POINTE 2 G 701-21993 Otsego Farms $1,609.64 6509 OTSEGO FARMS G 701-22321 RIVERPOINTE 2ND $1,478-99 6510 RIVERPOINTE 2 E 101-41560-302 Engineering Fees $3,005.81 6513 MISC ENG G 701-22324 RIVERPOINTE 3 $671.86 6590 RIVERPOINTE 3 CITY OF OTSEGO 10/09/02 2:54 PM Page 3 *Check Detail Register@ OCTOBER 2002 Check Amt Invoice Comment Total HAKANSON ANDERSON ASSOC INC $52,513.73 E 101-43100-320 Telephone $30.00 OCT CELL PHONE Total KNUTSON RICK $30.00 HING CO Unpaid LAW BULL iii-069C)"i— E101-41900-390 Contracted Services $805-00 59196 MN REAL ESTATE AD Total LAW BULLETIN PUBLISHING CO $805.00 Unpaid MICHAEL JOHNI E 101-41400-360 Educaton/Training/Conferences $625.27 REIMBURSEMENT/ICM Total MICHAEL JOHN ROBERTSON $625.27 Unpaid THOMAS REGER G 701-22322 REGER CUP $61.84 CUP REFUND Total THOMAS REGER $61.84 - - '_ - I - ___f6SHI6XME91CA. INF6—SYi EIOI-41400-413 Office EquipmentRenial $211.83 33914454 TOSHIBA COPIER Total TOSHIBA AMERICA INFO SYS INC $211.83 REASURE E 101-41400-310 Miscellaneous $37.00 R 118-010-077100 E 101-41400-310 Miscellaneous $339.00 R 118-010-078010 Total WRIGHT COUNTY AUDITOR -TREASURE $376.00 E 101-43160-322 Utilities $45.07 0867-091-254.2RIVERPOINTEST LIGHT Total XCEL ENERGY $45.07 ...... ........... ............. E101-43100-410 Rentals (GENERAL) $2,753.03 2011226 RENTAL CAT EXCAVATOR Total ZIEGLER INC $2,753.03 10100 BANKOFELKRIVER $190,078.24 FILTER: None CITY OF OTSEGO *Check Summary Register@ OCTOBER 2002 Name Check Date Check Amt 10100 BANKOFELKRIVER UnPaid AIRGAS, INC. UnPaid BOYER TRUCKS $82.54 UnPaid CHRISTIAN BUILDERS INC $69-52 UnPaid CITY OF MONTICELLO $1,000.00 UnPaid COUNTRYSIDE HOMES INC $116.00 UnPaid CROW RIVER FARM EQUIPMENT $1,000.00 UnPaid DXS TOTAL HOME CENTER $270.40 UnPaid DON'S BAKERY $20.37 UnPaid DRAKE CONSTRUCTION, INC. $28.13 UnPaid DUSTCOATING, INC. $2,000.00 UnPaid FENNA HOMES $2,610.00 UnPaid FINKEN'S WATER CARE $1,000.00 UnPaid GODFATHER'S PIZZA $100.33 UnPaid ICMA RETIREMENT TRUST $259.49 UnPaid J & C BUILDERS INC $422.31 UnPaid KNISLEY CONSTRUCTION INC $1,000.00 UnPaid LONG & SONS $1,000.00 UnPaid MENARDS $504.60 UnPaid MINNESOTA COPYSYSTEMS $9.55 UnPaid MONTICELLO TIMES, INC $183.47 UnPaid NAPA OF ELK RIVER INC $34.00 UnPaid NORTHWEST ASSOC CONSULTANTS $492.29 UnPaid PRINCIPAL FINANCIAL GROUP $3,424.51 ",Paid PUBLIC EMPLOYEES RETIREMENT FD $528.83 3aid - RANDY'S SANITATION $1,465.65. —nPaid RMR SERVICES, INC $97.26 UnPaid STS CONSULTANT'S LTD $5,235.97 UnPaid SUPERIOR LAWN & SNOW $1,336.06 UnPaid WRIGHT COUNTY AUDITOR -TREASURE $3,501.72 UnPaid WRIGHT COUNTY HIGHWAY DEPT $20,318.33 $208.54 Total Checks $48,319.87 FILTER: None 10/07/02 9:39 AM Page 1 CITY OF OTSEGO 10/07/02 9:39 AM Page 1 *Check Detail Reclister@ OCTOBER 2002 10100 �R��IVER Unpaid AIRGAS, INC. ------------- - ........................ E101-43100-210 Operating Supplies (GENERAL) $82.54105712021 MISC Total AIRGAS, INC. $82.54 ��'-------BOY—ERTR-UCKS E101-43100-220 Repair/Maint Supply (GENERAL) $69.52 1659OR MISC Total BOYER TRUCKS $69.52 Unpaid CHRISTIAN BUILDERS INC E702-41400-310 Miscellaneous $1,000.00 8116 PADGETT LNDSCP REFUND Total CHRISTIAN BUILDERS INC $1,000.00 Unpaid CITY OF MONTICELLO . ....... -1.1 ...... .......... E 101 -42710-390 Contracted Services $116.00 7117 AUG ANIMAL CONTROL Total CITY OF MONTICELLO $116.00 Unpaid COUNTRYSIDE HOMES INC E 702-41400-310 Miscellaneous $1,000.00 15073 81ST CIR LNDSCP REFUND Total COUNTRYSIDE HOMES INC $1,000.00 Unpaid CROW RIVER FARM EQUIPMENT E101-43100-220 Repair/Maint Supply (GENERAL) $270.40 92854 SUPPLIES Total CROW RIVER FARM EQUIPMENT $270.40 paid DJ'S TOTAL HOME CENTER E101-43100-203 Supplies -General $7." 597599 NYLON ROPE E101-43100-203 Supplies- General $12.93 604142 MISC SUPPLIE S Total DXS TOTAL HOME CENTER $20.37 Unpaid DONS BAKERY ............... .............. E 101-41400-205 Election Supplies $28.13 5820 ELECTION DAY Total DONS BAKERY $28.13 Unpaid DRAKE CONSTRUCTION, INC. E 702-41400-310 Miscellaneous $1,000.00 8168 PADGETT LNDSCP REFUND E 702-41400-310 Miscellaneous $1,000.00 8267 PADRE CT LNDSCP REFUND Total DRAKE CONSTRUCTION, INC. $2,000.00 Unpaid DUSTCOATING, INC. E 101-43100-436 Dustcoating $2,610.00 1634 DUST CONTROL Total DUISTCOATING, INC. $2,610.00 Unpaid FENNA HOMES E 702-41400-310 Miscellaneous $1,000.00 8156 PADGETT LNDSCP REFUND Total FENNAHOMES $1,000.00 FINKEN'S WATER CARE E 101-43100-310 Miscellaneous $29.82 13620 90TH ST E 101-43100-310 Miscellaneous $31.11 13474 95TH ST E 101-41940-390 Contracted Services $39.40 CITY HALL Total FINKEN'S WATER CARE $100.33 GODFATHER'S PIZZA E 101-41400-205 Election Supplies $259.49 ELECTION DAY Total GODFATHER'S PIZZA $259.49 'N�Z— ICMA RETIREMENT TRUST E 101-41400-121 PERA $192.31 PPE 9/28 CK DTD 10/2 CITY OF OTSEGO 10/07/02 9:39 AM Page 2 *Check Detail Reqister@ OCTOBER 2002 G 101-21705 Other Retirement $230.00 PPE 9/28 CK DTD 10/2 Total ICMA RETIREMENT TRUST $422.31 Unpaid J & C BUILDERS INC E 702-41400-310 Miscellaneous $1,OCO.00 9989 JAMES LNDSCP REFUND Total J & C BUILDERS INC $1,000.00 -KNI-SLEY -CONS-TRUCT-ION INC E 702-41400-310 Miscellaneous $1,000.00 15035 82NO CIR LNDSCP REFUND Total KNISLEY CONSTRUCTION INC $1,000.00 Unpaid LONG &SONS E101-41940-389 CleaningSwAces $36.00 COMM RM USE CLEANUP E 101-41940-203 Supplies - General $37.80 C -FOLDS E101-41940-389 CleaningSerAces $430.80 SEPT CLEANING Total LONG& SONS $504.60 Unpaid MENARDS . ................................ E101-43100-220 Repair/Maint Supply (GENERAL) -_____19.55 9565 81TRK Total MENARDS $9.55 Unpaid MINNESOTA COPY SYSTEMS E101-41400-413 Office Equipment Rental ($427.64) 106418 CREDIT COPIES E101-41400-413 Office Equipment Rental $522.41 110211 MAINT/COPIES E101-41400-201 OfficeSupplies $88.70 110211 STAPLES/TONER Total MINNESOTA Copy SYSTEMS $183.47 MONTICELLO-TIMES, _INC E 101-41400-355 Dues & Memberships $34.00 SUBSCRIPTION Total MONTICELLO TIMES, INC $34.00 Unpaid NAPA OF ELK RIVER INC E 10 1 -43 1 OG -203 Supplies - General $79A4 950731 WASH BRUSH E 10 1 -43100-203 Supplies - General $2.75 950963 LENS E 10 1 -43100-220 Repair/Maint Supply (GENERAL) $68.14 951643 81TRK E 10 1 -43100-220 Repair/Maint Supply (GENERAL) $7.44 951871 81TRK E 10 1 -43100-220 Repair/Maint Supply (GENERAL) $33.92 951874 81TRK E 101-43100-203 Supplies - General $13.07 952427 MISC E 10 1 -43100-220 Repair/Maint Supply (GENERAL) $51.84 953099 81TRK E 10 1 -43100-203 Supplies - General $6.82 953634 MISC E 10 1 -43100-220 Repair/Maint Supply (GENERAL) $101.29 953829 81TRK E 101-43100-220 RGpajr/Maint Supply (GENERAL) $2.20 953831 81TRK E 101-43100-220 Repair/Maint Supply (GENERAL) ____j124.98 954491 81TRK Total NAPA OF ELK RIVER INC $492.29 Unpaid NORTHWEST ASSOC CONSULTANTS G 701-22333 MIDWEST LNDSCP $106.98 G 701-22325 101 MARKET $162.50 12158 10 1 MARKET - NATH E G 701-22306 DeMars Plat $39.00 12158 DEMARS G 701-22318 RIVERVIEW BANK $433.30 12158 WATERFRONT BANK G 701-22331 PHEAST RIDGE 6 $312.65 12158 PHEAST RIDGE 6TH G 701-22329 QUADAY ADDITION $64.97 12158 DARKENWALD - QUADAY G 701-22310 LEFEBVRE CARPET RE-70NE $58-50 12158 LEFEBVRE G 701-22330 VETSCH -QUEST $57.61 12158 VETCH - QUEST G 701-21978 Krauser CUP $52.00 12158 HOOFBEATS G 701-22327 MRD BANK SITE $42.50 12158 MARYDARE BANK SITE E 101-41570-303 Planning Fees $110.00 12159 GENERAL E 203-45210-303 Planning Fees $156.50 12159 PARK PLANNING CITY OF OTSEGO 10/07/02 9:39 AM Page 3 *Check Detail ReqisterQ OCTOBER 2002 10 E 101-43100-392 Culverts $208.54 3508 CULVERTS Total WRIGHT COUNTY HIGHWAY DEPT $208.54 10100 BANKOFELKRIVER $48,319.87 Check Amt In wo Comment E101-41570-303 PlanningFees $518.30 12159 ZONING MAP UPDATE E 101 -41570-303 Planning Fees $232.45 12159 87TH ST VACATION E 101-42420-310 Miscellaneous $477.25 12160 CODE ENFORCEMENT E 101-41570-303 Planning Fees $600.00 12161 STAFF MEETINGS Total NORTHWEST ASSOC CONSULTANTS $3,424.51 6n PRINCIPAL FINANCIAL GROUP E 101-43100-123 Hedth $263.46 PW 10/15 TO 11 /14 E 101-41400-123 Health $265.37 ADMIN - 10/15 TO 11/14 Total PRINCIPAL FINANCIAL GROUP $528.83 Unpaid . . PUBLIC EMPLOYEES RETIREMENT FD . . . . ............................... E 101-41400-121 PERA $301.54 ADMIN CK DTO 10/2 E 101-43100-121 PERA $303.87 PW CK OTO 10/2 E 101-41550-121 PERA $157.05 ASSESS CK OTO 10/2 G 101-21704 PERA $703.19 PPE 9/28 CK 10/2 Total PUBLIC EMPLOYEES RETIREMENT FO $1,465.65 Unpaid RANDY'S SANITATION E101-43100-325 GarbageService $38.61 GARAGE E101-41940-325 GarbageService $58.65 8899 NASHUA Total RANDY'S SANITATION $97.26 Unpaid RMR SERVICES, INC E 601-49400-203 Supplies - General $5,235.97 2002-201 METERS Total RMR SERVICES, INC $5,235.97 Unpaid STS CONSULTANIT'S LTD E 423-43100-302 Engineering Fees $1,336.06 235203 QUADAY & 91 ST Total STS CONSULTANT'S LTD $1,336.06 Unpaid SUPERIOR LAWN & SNOW E 601-4MO-390 Contracted Services $200.00 185 WATER TOWER E 101-45200-390 Contracted Services $684.00 185 BALL FIELDS E 101-41940-390 Contracted Services $513.72 185 CITY HALL/TAX E 101-41940-390 Contracted Services $460.00 185 BIKE PATHS E 101-45200-390 Contracted Services $387.00 185 WEED CONTROL B FIELDS E 101-45200-390 Contracted Services $352.00 185 PRAIRIE PARK E 601-49400-390 Contracted Services $276.00 185 PUMP HOUSE 1 E 101-45200-390 Contracted Services $216.00 185 SWALE S WOODS E 101-41940-390 Contracted Services $98.00 185 OAKWOOD E 602-49450-390 Contracted Services $59.00 18S SEWAGE PLANT E 601-49400-390 Contracted Services $20.00 185 WELL I E 101-41940-390 Contracted Services $236.00 185 OLD CITY HALL Total SUPERIOR LAWN & SNOW $3,501.72 Unpaid WRIGHT COUNTY AUDITOR -TREASURE . ....... ....................... ...... E101-42100-390 Contracted Services $20,318.33 10 OCTOBER 02 PATROL Total WRIGHT COUNTY AUDITOR -TREASURE $20,318.33 Unpaid WRIGHT COUNTY HIGHWAY DEPT 10 E 101-43100-392 Culverts $208.54 3508 CULVERTS Total WRIGHT COUNTY HIGHWAY DEPT $208.54 10100 BANKOFELKRIVER $48,319.87 CITY OF OTSEGO 10/07/02 9:39 AM *Check Detail Re_qister@ Page 4 OCTOBER 2002 FILTER: None I CITY OF OTSEGO 09/26/02 10:55 AM Page 1 *Check Summary Register@ SEPTEMBER 2002 Name Check Date Check Amt 10100 BANKOFELKRIVER UnPaid BANK OF ELK RIVER -11 $28,370.00 UnPaid BOYERTRUCKS $36.00 UnPaid CITY OF ALBERTVILLE $9,045.14 UnPajd CURT OR GINA HUETTL $1,000.00 UnPajd ECM PUBLISHERS INC $114.00 UnPaid ELECTION SYSTEMS & SOFTWARE $573.00 UnPald ELK RIVER PRINTING & PARTY PLU $168.27 UnPaid EXCEPTIONAL HOMES INC $1,000.00 UnPaid FENNA HOMES $2,000.00 UnPaid FORTIS BENEFITS INSURANCE CO $94.19 UnPaid GRANITE CITY LEASING INC $34.02 UnPaid HARDRIVES INC $16,239.30 UnPaid HEARTHSTONE BUILDERS $1,000.00 UnPaid HEARTWOOD IMPERIAL HOMES INC $1,000.00 UnPaid HYDRANT SPECIALIST INC $79.88 UnPaid KENNEDY & GRAVEN, CHARTERED $4,437.37 UnPald LORAYNE ORTON SMITH $90.00 UnPaid M.J.B. CUSTOM HOMES INC $1,000.00 UnPaid MEDICA $4,193.06 UnPaid METRO TIRE CENTER INC $893.40 UnPaid MINNESOTA UFE $102.00 riPaid NORTHERN HOME BUILDERS INC $2.000-00 iPald PEOPLE SERVICE INC. $11,772.25 UnPaid PURCHASE POWER $35.00 UnPaid RUSH MAR LAND CORPORATION INC $10,904.40 UnPaid TARGETSTORES $25.50 UnPaid TWIN RIVERS CONSTRUCTION INC $1,000.00 UnPajd USINTERNET $49.95 UnPald WINKELMAN DRYWALL $1,000-00 UnPajd WRIGHT-HENNEPIN CO-OP ELECTRIC $1,213.25 Total Checks $99,469.98 FILTER: None 0 CITY OF OTSEGO 09/26/02 10: 55 AM Page 1 *Check Detail Reqister@ SEPTEMBER 2002 Check Amt Invoice Comment , 10100 BANKOFELKRIVER npaid BANK OF ELK RIVER -1 E 601-49400-601 Debt Sry Bond Principal $24,000.00 94 WATER PRINCIPAL E 601-49400-302 Engineering Fees $4,370.00 94 WATER BOND INTEREST Total BANK OF ELK RIVER -1 $28,370.00 BOYERTRUCKS E 101-43100-220 Repair/Maint Supply (GENERAL) $36.00 16452R CLAMP ASY Total BOYER TRUCKS $36.00 Unpaid CITY OF ALBERTVILLE E 211-42200-390 Contracted Services $9,045.14 2002 FIRE PROTECTION Total CITY OF ALBERTVILLE $9,045.14 CURT OR GINA HUETTL E 702-41400-310 Miscellaneous $1,000.00 8040 PADRE WAY LDSCP REFUND Total CURT OR GINA HUETTL $1.000.00 Unpaid ECM PUBLISHERS INC E 101-41400-350 Print/Binding (GENERAL) $57.00 134860 ORDINANCE 2002-14 E101-41400-350 Print/Binding (GENERAL) $S7.00 134861 ORDINANCE 2002-15 Total ECM PUBLISHERS INC $114.00 ELECTION SYSTEMS & SOFTWARE E101-41400-390 Contracted Services $573.00 494345 2 YR HDWR SUPPORT AGRMT Total ELECTION SYSTEMS & SOFTWARE $573.00 Unpaid ELK RIVER PRINTING & PARTY PLU E 101-41400-350 Print/Bincling (GENERAL) $168.27 016041 BLDG PERMITS/APPLI FORMS Total ELK RIVER PRINTING & PARTY PLU $168.27 Unpaid EXCEPTIONAL HOMES INC ............ .................. E702-41400-310 Miscellaneous $1,000.00 8262 PARELL LNDSCP REFUND Total EXCEPTIONAL HOMES INC $1,000.00 Unpaid FENNA HOMES E 702-41400-310 Miscellaneous $1,000.00 8301 PADRE CIR LNDSCP REFUND E 702-41400-310 Miscellaneous $1,000.00 8222 PALMGREN LNDSCP REFUND Total FENNA HOMES $2,000.00 FORTIS BENEFITS INSURANCE CO E 101-43100-130 Employer Paid Ins (GENERAL) $40.19 PW - OCT E 101-41400-130 Employer Paid Ins (GENERAL) $S4.00 ADMIN - OCT Total FORTIS BENEFITS INSURANCE CO $94.19 ------- --- Unpaid GRANITE ClfiiEASING INC E101-41400-413 Office Equipment Rental $34.02 19 TOSHIBA FAX Total GRANITE CITY LEASING INC $34.02 Un '�aZ HARDRIVES INC . .......... .................................. E 420-43100-530 Improvements Other Than BIdgs $16,239.30 PAY3 PAGE AVE Total HARDRIVES INC $16,239.30 Unpaid HEARTHSTONE BUILDERS E 702-41400-310 Miscellaneous $1,000.00 7867 PARK CRT LNDSCP REFUND Total HEARTHSTONE BUILDERS si,000.00 Unpaid HEARTWOOD IMPERIAL HOMES INC E702-41400-310 Miscellaneous $1,000.00 8250 PARELL LNDSCP REFUND CITY OF OTSEGO 09/26/02 10:56 AM Page 2 *Check Detail Reqister@ SEPTEMBER 2002 Check Amt Invoic Total HEARTWOOD IMPERIAL HOMES INC $1,000.00 Unpaid HYDRANT SPECIALIST INC E601-49400-220 Repair/Maint Supply (GENERAL) $79.88 2471 5 GALLONS HYDRANT OIL Total HYDRANT SPECIALIST INC $79.88 KENNEDY & GRAVEN, CHARTERED E 101-41700-301 Legal Swoces $4,437.37 53388 CHARTER RENEWAL Total KENNEDY & GRAVEN, CHARTERED $4,437.37 Unpaid LORAYNE ORTON SMITH E 101-45300-350 Print/Binding (GENERAL) $90.00 DAISIES DON'T TELL BOOKS Total LORAYNE ORTON SMITH $90.00 Unpaid MA.B. CUSTOM HOMES INC E 702-41400-310 Miscellaneous $1,000.00 9992 JAMES LNDSCP REFUND Total M.j.B. CUSTOM HOMES 114C $1,000.00 Unpaid MEDICA E 101-43100-123 Health $1,604.12 PW - OCT E 101-41400-123 Health $2,588.94 ADMIN - OCT Total MEDICA $4,193.06 . . ............................ paid METRO TIRE CENTER INC E101-43100-400 Repairs& Maint Cont (equip) $893.40 13836 2000 IH TRK Total METRO TIRE CENTER INC $893.40 Unpaid MINNESOTA LIFE E101-41400-130 Employer Paid Ins (GENERAL) $27.40 ADWN - OCT E101-43100-130 Employer Paid Ins (GENERAL) $74.60 PW - OCT Total MINNESOTA LIFE $102.00 Unpaid NORTHERN HOME BUILDERS INC E 702-41400-310 Miscellaneous $1,000.00 8237 PALMGREN LNDSCP REFUND E 702-41400-310 Miscellaneous $1,000.00 7977 PALMGREN LNDSCP REFUND Total NORTHERN HOME BUILDERS INC $2,000.00 Unpaid PEOPLE SERVICE INC. E 602-49450-390 Contracted Services $7,834.55 6076 MONTHLY SERVICE E601-49400-220 Repair/MaintSuppiy (GENERAL) $1,146.25 6076 LABORAIVATER DEPT E 601-49400-390 Contracted SeNces $2,791.45 6076 MONTHLY SERVICE Total PEOPLE SERVICE INC. $11,772.25 Unpaid PURCHASE POWER E 101-41400-206 Postage $35.00 ACCT ANNUAL FEE Total PURCHASE POWER $35.00 Unpaid RUSH MAR LAND CORPORATION INC R 424-36200 Miscellaneous Revenues $10,904.40 ROAD ACCESS - HIDDEN CREEK Total RUSH MAR LAND CORPORATION INC $10,904.40 npaid TARGET STORES E101-43100-203 Supplies -General $25.50 1103179148 DAWN SOAP Total TARGET STORES $25.50 Unpaid TWIN RIVERS CONSTRUCTION INC E 702-41400-310 Miscellaneous --$-1.1-0-00.00 15496 79TH ST LNDSCP REFUND Total TWIN RIVERS CONSTRUCTION INC $1,000.00 CITY OF OTSEGO 09126/02 10:56 AM Page 3 *Check Detail ReqisterQ SEPTEMBER 2002 Check Amt Invoice Comment .......................................... .................. Unpaid US INTERNET E 101 -41400-390 Contracted SeNces $49.95 440592 MONTHLY W EB/DIAL IN Total US INTERNET $49.95 Z;p_aid_W1N_KE_LMAN DRYWALL E 702-41400-310 Miscellaneous $1,000.00 15644 79TH ST LNDSCP REFUND Total WINKELMAN DRYWALL $1,000.00 Unpaid WRIGHT-HENNEPIN CO-OP ELECTRIC E 601-49400-390 Contracted SwAces $1,213.25 9211 MONTHLY FEE Total WRIGHT-HENNEPIN CO-OP ELECTRIC $1,213.25 10100 BANK01FELKRIVER $99,469.98 FILTER: None E ITEM 6. 1. "Gair"WIST ASSOCIAtab CoNsutim"Irs" INC, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com PLANNING REPORT T 0.- Otsego Mayor and City Council FROM: Daniel Licht DATE: 3 October 2002 RE: Otsego - Pheasant Ridge Vh Addition; Final Plat NAC FILE: 176.02 - 02.34 BACKGROUND Arcon Development, Inc. has submitted a request for final plat approval of 5 single family dwelling units as part of the Pheasant Ridge 7' Addition Final Plat. The subject parcel is being developed on the south side of 78th Street near the intersection with Page Avenue. The subject parcel is guided by the Comprehensive Plan for low density residential uses and is zoned R-5,Residential - Single and Two Family District. The preliminary plat for this parcel was approved by the City Council on May 29, 2001. Exhibits: A. Site Location B. Preliminary Plat C. Final Plat ANALYSIS Preliminary Plat Consistency. The final plat is being platted out of the area of Outlot A of Pheasant Ridge 5th Addition. The proposed final plat is generally consistent with the approved preliminary plat and conditions of approval thereof. The final plat includes the same number of lots/units within the given area. Building Design. The dwellings to be constructed on these five lots are the "detached townhorne" units approved as part of the PUD -CUP and preliminary plat. The units shall be constructed consistent with the approved site and building plans. Development Moratorium. The proposed final plat will be served by municipal sanitary sewer and water services. This parcel was specifically exempted from the current subdivision moratorium based upon available capacity to service the anticipated development approved with the preliminary plat. Construction Plans. Construction plans have been submitted. All construction plans are subject to review and approval of the City Engineer. Park and Trail Dedication. No land is proposed to be dedicated for park and trail facilities as part of the final plat. As such, the applicant must pay a cash fee in lieu of land equal to $1,075 per unit. Based upon 5 units, a total fee of $5,375.00 is to be provided for this phase of the development. Development Contract. The applicant must enter into a development contract with the City and pay all required securities and fees, upon approval of the 7 th Addition final plat. The development contract is subject to review and approval of the City Attorney. CONCLUSION The proposed final plat is consistent with the approved preliminary plat and conditions of approval. The plat is also consistent with the Comprehensive Plan, Zoning Ordinance, and Subdivision Ordinance. Based on these considerations, our office recommends approval of the final plat subject to the following conditions: 1 . The dwelling units shall be constructed consistent with the approved site and building plans. 2. Temporary cul-de-sacs are provided at the terminus of all public or private streets constructed as part of this phase as recommended by the City Engineer. 3. All grading, utilities, easements, and other construction plans are subject to review and approval of the City Engineer. 4. The applicant pay a cash fee in lieu of land of $5,375 in satisfaction of park and trail dedication requirements. 5. The applicant enter into a development contract with the City and pay all required securities and fees, subject to review and approval of the City Attorney. 6. Comments of other City Staff. pc. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Rick Packer Fran Hagen Page 2 of 2 X Nmr� IAP. on )n r�c om E: qG LD ly IT. ON THE GREAT RIVER ROAD FXHIBIT B cu a LU t U) FXHIBIT B cu a (U 4� P64 W* 93 x u Di 31H FXHIBIT B PHEASAI(T "'WE 7TH ADDITION PRELIMINARY JV 89'47'12* f 141.33 4' 49 Al 4- I Q �'/ " A "I T J-" 1p f at 4 'z;l A� 11' .it 76 TH or r4 .26. It a j r I!'! at I 5 to BL OFT LAND OUMOT A \rj V C C 76J.03 i bi ow 150 S,W. S.— 1 50 1W 1/1',14* k- -, ., -d —k d by R4.5 R.ot,.ii- No '2043 D..W 112 - 04' k- .--I f—d —A -d bY RL 5 Al. 1204A A -t .---t ��a �o- t -y J.t.t. requeed locoWn bidjtes a plot omml that �W b. ..t. ..d "kh �od b. . pl.,. .. , b-1— .. W. d., f 2wi tht —th Me of 0oll'i A PhEASANI ROGE 51H �170N. -NI- . to o— N 69-23-19- W --1 +5 d,��oq �f lk— d 10 I..t x, �idth. -d —.1 10,,. m. plot EXHIBIT C ENGINEERING REVIEW Review No. 1 Hakanson Residential Subdivision Anderson for the City of Otsego Assoc., Inc. by Hakanson Anderson Associates, Inc. Submitted to: Mike Robertson, Adm inistrator cc: Judy Hudson, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Arcon Development, Inc., Developer; Rick Packer Westwood Professional Services, Inc.; Fran Hagen, P.E. Reviewed by: Ronald J. Wagner, PE Shane M. Nelson, EIT Date: October 7, 2002 Proposed Development: Pheasant Ridge 7 th Addition Street Location of Property: Part of the SE 1/4of Section27 & Part of the SW 1/4of Section 26, Township 121, Range 23, Wright County Applicant/ Arcon Development, Inc. Developer: 7625 Metro Blvd. Suite 350 Edina, MN 55439 Purpose: Residential development consisting of 5 detached townhome units. Jurisdictional Agencies (but not limited to): City of Otsego, Wright County Permits Required (but not limited to): NPDES Considerations: N\Ha01\Shared Docs\Municipal\AOTSEGO2000\2254\ot2254RVW1.doc INFORMATION AVAILABLE Preliminary Plat of Pheasant Ridge 5th Addition, 5/18/01, by Westwood Professional Services, Inc. Preliminary Site Plan of Pheasant Ridge 5t" Addition, 5/18/01, by Westwood Professional Services, Inc. Preliminary Grading Plan of Pheasant Ridge 5th Addition, 5/18/01, by Westwood Professional Services, Inc. Utility Plan of Pheasant Ridge 5th Addition, 5/18/01, by Westwood Professional Services, I nc. Preliminary Planting Plan of Pheasant Ridge 5th Addition, 5/18/01, by Westwood Professional Services, Inc. Preliminary Unit Planting Plan & Details of Pheasant Ridge 5 th Addition, 5/18/01, by Westwood Professional Services, Inc. Grading Plan for Pheasant Ridge 6th Addition, 9/11/02, by Westwood Professional Services, Inc. Construction Plans for Pheasant Ridge 7th Addition, 9/24/02, by Westwood Professional Services, Inc. Specifications for Pheasant Ridge 7 th Addition, 9/25/02, by Westwood Professional Services, Inc. City of Otsego Engineering Manual, March 1999, 2/27/01 Revision Minnesota Rules, Chapter 4410 — EAW Requirement Trunk Stormwater Facilities Study for Portions of Lefebvre Watershed, March 1999 City of Otsego Zoning and Subdivision Ordinances, February 1991 National Wetland Inventory Map, 1991 Page I \\Ha01\Shared Docs\MunicipaMOTSEGO2000\2254\ot2254RVW1.doc REVIEW AND COMMENTS COVER SHEET (SHEET 1) 1 . No comments. SANITARY SEWER AND WATERMAIN PLAN (SHEET 2) 1 . No comments. STORM SEWER AND STREET PLAN (SHEETS 3) It appears that the 10' transition for CBMH-53C will interfere with the adjacent driveway. The catchbasin shall either be relocated to a lot line, or a surmountable casting (Neenah R-3501-TR/TL) shall be used. 2. Given the current configuration of the pipes at STMH-53A, a 84" diameter manhole will be required. Please revise. 3. CB -53B & CB -63A shall be 2' x 3' catchbasins, rather than 27" diameter, to allow for a rectangular type casting. Please revise. 4. The North arrow is incorrect on sheet 3. Please revise. GRADING PLAN REVIEW 1 . Submit a Grading Plan depicting Pheasant Ridge 7th Addition. SPECIFICATIONS 1 . Page SPH -1 refers to Pheasant Ridge 6th Addition. FINAL PLAT 1 . Submit the Final Plat. OTHER CONSIDERATIONS 1. Submit inlet spread calculations. SUMMARY AND/OR RECOMMENDATION Resubmit for review. Page 2 \\HaOl\Shared Docs\Municipal\AOTSEGO2000\2254\ot2254RVW1.doc ITEM 6.2. "alkill'"Wasir ASSOCIA-tab camsuumwts" me, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com PLANNING REPORT TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 9 October 2002 RE: Otsego - Nathe Garden Center; Final Plat NAC FILE: 176.02 - 02.27 BACKGROUND Ken and Julie Nathe have submitted an application for final plat approval of the Nathe Addition. The proposed final plat consists of one lot and two outlots with approximately 17 acres of total area located east of TH 101 along Quantrelle Avenue. The final plat is based on the PUD Development Stage plan approved by the City Council on 12 August 2002 for a retail garden center to be built on Lot 1. This business is a relocation of the existing Highway 101 Market. Exhibits: A. Site Location B. Preliminary Plat / Site Plan C. Final Plat ANALYSIS Preliminary Plat Consistency. The proposed final plat is generally consistent with the preliminary plat design. Easements. The proposed final plat illustrates drainage and utility easements at the perimeter of each lot and outlot as required by Section 21-7-15 of the Subdivision Ordinance. A drainage and utility easement has also been provided over the drainage pond on the east portion of Lot 1. The final plat needs to be revised to provide a conservation easement measuring 75 -feet from the Ordinary High Water Mark or 30 feet from the bluffline of the Mississippi River, which ever is greater. This easement is required as part of the PUD District in order to protect the river corridor consistent with the intent of the Mississippi Wild, Scenic and Recreational River Management Plan. Park and Trail Dedication. Commercial developments are required to dedicate 10% of the gross area of the plat or a cash fee in lieu of land equal to 10% of the fair market value of the undeveloped property per Section 21-7-18 of the Subdivision Ordinance. The applicant has proposed dedicating land for a trail corridor and amenities such as benches along the Mississippi River. This trail would connect to one proposed to be constructed within the Waterfront East and would provide greater access to the River. If land is accepted, the final plat will need to be revised to separate the parcel to be dedicated. If the amount of land and/or value of the amenities is less that the minimum 10 percent, the balance of the park dedication requirement must be satisfied with a cash fee in lieu of land. Satisfaction of park and trail requirements is subject to review of the Parks and Recreation Commission and approval of the City Council. The Parks and Recreation Commission is expected to consider the request at their meeting on 9 October 2002. Grading and Utilities. All grading and utility plans are subject to review and approval by the City Engineer. The PUD Development Stage Plan allows for temporary use of holding tanks and wells for the use until such time as municipal utilities are extended through the Waterfront East project. The terms of useage will be specified in the development contract. Development Contract. The applicant is already required to enter into a development contract as part of the PUD Development Stage approval. This development contract will include all necessary provisions regarding the final plat and is subject to review and approval of the City Attorney. CONCLUSION The proposed final plat is generally appropriate, but a few issues must be resolved or corrected. First, the final plat must be revised to illustrate the conservation easement required as part of the PUD District approval. Second, satisfaction of park and trail dedication requirements must be determined. As such, approval of the final plat is recommended subject to the following conditions: 1 The final plat shall be subject to all of the conditions of the PUD District approval of 12 August 2002. 2 2. The final plat is revised to provide a 75 -foot no disturb zone from the OHWM or 30 - foot no disturb zone from the bluffline (whichever is greater) by conservation easement. 3. Satisfaction of park and trail dedication requirements shall be subject to recommendation by the Parks and Recreation Commission and approval of the City Council. 4. All grading, drainage, and utility easement issues are subject to review and approval of the City Engineer. 5. The applicant shall enter into a development contract and pay all fees and securities required by it, subject to review and approval of the City Attorney. 6. Comments of other City Staff. pc. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Ken and Julie Nathe 3 ON THE GREAT RIVER ROAD A 0 i 5; ;I I I EXHIBIT B :." jjU ZQ/41/t -M I iVId MAVNIV41138d :1UL —Wa -oo NouonMISNOO NOOMV I NVI '003SiO ON ��MSW AU -------- 'somaossy v j9A#o uyor 'MN30 N308VO 101 AVMHDIH A 0 i 5; ;I I I EXHIBIT B ct t�f- li� -f C --t LW I S.. 1-1 12.1=3 ------ Nag*37'os*w 717.59 - - - - - - - - - - - - - - - - - - - - - - - - - 407- 39&57 ir t1i - ------------ --------- Nk .LL 't - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 't-7 -- - - - - - - - - - -F2 w N - - - - --- -- % Vzl V-1 Ur Is. .43 w N89 58 511 w 497%,, ft, PWO N. 86-8 S89158151"E 4 oo \ C, tt, - - - - - - - - - - - -- ow zv 15*W 473% VA S� L��G� Lw IC 4� 21 0 0, S. It I T C-9 7 r) r—IF z rxi . li $fit g 9 ca W 0 "ORT"WaST ASSOCIATRO CONSULTANTS* INC, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Parks and Recreation Commission FROM: Daniel Licht DATE: 7 October 2002 RE: Otsego - Nathe 101 Market; Park Dedication NAC FILE: 176.02 - 02.27 CITY FILE: 2002 - 26 Ken and Julie Nathe operate the existing Highway 101 Market, located northeast of CSAH 39andTH101. They have received preliminary plat and necessary zoning approvals for construction of a new store located on approximately 17 acres south of the existing facility on the east side of TH 101. As part of the subdivision process, a 75 foot conservation easement along the Mississippi River is being dedicated to conform with the intent of the Wild Scenic and Recreational River Management Plan. Park and trail dedication requirements must also be satisfied. As outlined in Section 21-7-18.1.2 of the Subdivision Ordinance, commercial developments must dedicate 10 percent of the gross area being subdivided or a cash fee in lieu of land equal to 10 percent of the fair market value of the undeveloped land. The requirement for dedicating land, cash in lieu of land, or a combination is determined by the City. The developers have proposed to provide a trail along the Mississippi River, possibly with some land adjacent to a pond ing area. This trail would connect with a similar trail planned within the Otsego Waterfront East development to the north. The advantage of such a trail corridor is access to the River frontage. The Nathe Addition final plat is scheduled for consideration by the City Council on 14 October 2002. The Parks and Recreation Commission should provide direction as to whether such a trail and some amount of land are desirable. Based on this direction, City Staff will work with the developer to finalize the necessary details, which can be made subject to further review and approval by the Parks and Recreation Commission and City Council. pc. Mike Robertson Judy Hudson Ron Wagner Andy MacArthur Ken and Julie Nathe ON THE GREAT RIVER ROAD TO: Otsego Mayor and City Council FROM: Ken and Julie Nathe RE: Park and Dedication Fee for Hathe Addition - 101 Market DATE: October 7, 2002 We would like to inform you of the plans that we are proposing to satisfy the Park and Dedication Fee requirements. As we discussed with the Council at the August 12th Council Meeting, we would like to be a part of the trail that is being proposed as part of the Waterfront Development Project. We would bring the trail around our pond, which would include a fountain. We would landscape the path with trees and perennials and Install benches and picnic tables. As the plantings mature this would turn into a park -like setting for our customers and the public to enjoy. We have included some photographs to give you an idea of what this might look like and welcome any suggestions on what else to include. Thank you, Julie and/KenNathe 47: ib , 51 4f Review No. 3 ENGINEERING REVIEW Hakanson Preliminary Plat Anderson for the City of Otsego Assoc.,Inc- by Hakanson Anderson Associates, Inc. Submitted to: Mike Robertson, Administrator cc: Judy Hudson, City Clerk, Dan Licht, City Planner Andy MacArthur, City Attorney John Oliver & Associates, Inc. Ken & Julie Nathe, Applicant Mary Dare, Owner Reviewed by: Ronald J. Wagner, PE Shane M. Nelson, EIT Date: September 17, 2002 Proposed Development: Highway 101 Garden Center Street Location of Property: Part of the NW 1/4of Section 23, Twp 121, Range 23, Wright County. Applicant: Ken & Julie Nathe 19080 Lincoln Street NW Elk River, MN 55330 Owner of Record: Mary Dare 5549 Bimini Drive Minnetonka, MN 55343 Purpose: Rezone from A-1 (General Agricultural District and Subdistrict "C" of the Wild, Scenic, Recreation River District) to PUD Jurisdictional Agencies (but not limited to): City of Otsego, Wright County MN Department of Natural Resources Permits Required (but not limited to): NPDES Considerations: Page I \\Ha01\Shared Docs\Municipal\AOTSEG02000'\2500\2002\ot2500natheRVW3.doc INFORMATION AVAILABLE Plan set dated July 17, 2002, revised 9/13/02, by John Oliver & Associates, Inc. Sheet 1 of 3 — Preliminary Plat Sheet 2 of 3 — Preliminary Grading Plan Sheet 3 of 3 — Preliminary Utility Plan City of Otsego Engineering Manual, 2/27/01 revision City of Otsego Zoning and Subdivision Ordinances as revised National Wetlands Inventory Map 1991 City of Otsego Comprehensive Plan dated September 1998 REVIEW AND COMMENTS PRELIMINARY PLAT 1. No comments. PRELIMINARY GRADING PLAN 1 Please re -label the typical section to "typical driveway/parking lot section" rather than "typical street section". 2. It appears that the "end curb" leader points to the wrong location in the southeast corner of the parking lot. Please revise. 3. Please change the invert elevation of "957.0" to "857.0" on the skimmer structure detail. 4. Please revise the 1 00 -yr flood elevation on the skimmer structure detail to correspond with HWL for the pond. 5. We suggest some kind of edging material to separate the gravel surface from the grass area. 6. We suggest the concrete valley gutter is at right angles with the proposed building and the proposed curb. 7. Relabel Preliminary Grading Plan to Utility Plan. PRELIMINARY UTILITY PLAN 1 . Relabel Preliminary Utility Plan to Utility Plan. HYDROLOGY 1 The outlet pipe, inlet pipe, and overflow grate of the skimmer structure shall all be considered in the model of the pond. We have not yet received a revised report. Page 2 \�HaO!\Shared Docs\Municipal�AOTSEGO2000\2500\2002\ot2500natheRVVV3.doc ITEM 6.3. CONSULTAN-ts" INC, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952-595-9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE- 8 October 2002 R E.- Otsego - Zoning Ordinance Update NAC FILE.- 176.20 Please be advised that the Planning Commission held a public hearing on 7 October 2002 to consider amendments to the Zoning Ordinance. These amendments are related to the 2001 Comprehensive Plan update and various housekeeping measures. There was no public attendance, other than members of the City Council. As part of the discussion, the Planning Commission considered the issue of aluminum or galvanized steel frame buildings that are enclosed with canvas or vinyl skins and used as accessory buildings. These buildings present aesthetic, durability, and compatibility issues when used as residential accessory buildings. These issues are similar to those for pole buildings, which are not now allowed within residential districts. The Planning Commission decided to leave the Ordinance language and interpretation as is pending further study next spring. The current interpretation of these structures is that they would not be allowed if over 150 square feet. Enforcement of this interpretation on existing structures will not be initiated until the Planning Commission and City Council make a final conclusion. After closing the public hearing, the Planning Commission voted 5-1 to recommend approval of the Zoning Map amendments. The desenting vote was related to specifically to the frame building issue, and not the balance of the Ordinance amendments. The final Ordinance amendment is attached for City Council consideration. A summary Ordinance is also attached for approval, which reduces publishing costs. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner ORDINANCE NO.: 2002 - CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING THE OTSEGO ZONING ORDINANCE AS DIRECTED BY THE COMPREHENSIVE PLAN AND RELATED UPDATES. The City Council of the City of Otsego hereby ordains: Section 1. Section 20-2-21 (Definitions - Flood Related) of the Zoning Ordinance is hereby amended to read as follows: Flood Insurance Rate Map: The Flood Insurance Rate Map prepared by the Federal Emergency Management Agency for the City and as applicable and allowed by law, the Flood Insurance Rate Map prepared by the Federal Emergency Management Agency for Wright County. Flood Insurance Study: The Flood Insurance Study prepared for the City by the Federal Emergency Management Agency and, as applicable and allowed by law, the Flood Insurance Study prepared by the Federal Emergency Management Agency for Wright County. Section 2. Section 20-3-2.N (Amendments - Administration) of the Zoning Ordinance is hereby amended to read as follows: N. Approval of a proposed amendment shall require a majority vote of the City Council. Approval of a proposed Zoning Map amendment which changes all or part of the existing classification of a zoning district from agriculture or residential to business, industrial, or planned unit development that allows for commercial or industrial uses shall require a four -fifth's (4/5's) vote of the City Council. Section 3. Section 20-4-2.N (Conditional Use Permits - Administration) of the Zoning Ordinance is hereby amended to read as follows - 1 EXHIBIT N. Approval of a request shall require passage by a majority vote of the City Council. Section 4. Section 20-16-4.B of the Zoning Ordinance (Accessory Buildings - Single and Two -Family Uses) of the Zoning Ordinance is hereby amended to read as follows. - B. Detached Single Family and Two Family Uses: No accessory use, building, structure or equipment shall be allowed within a required front yard. With the exception of a garage, no accessory building, structure, use or equipment may be placed within a front yard. 2. No accessory building, structure, and/or detached garage for a single family dwelling shall occupy more than ten (10) percent of the area of the required rear yard in the A-1, A-2, R- C, RA R-2 and R-3 Zoning Districts or not more than twenty- five (25) percent of the area of the required rear yard in the R- 4, R-5, R-6, and R-7 Zoning Districts. 3. Accessory buildings with an area of one thousand (1,000) square feet or less may encroach into the principal building required side and rear yard setbacks within the rear yard of a lot, except, however, that no such encroachment may occur on required easement, or in a required side yard setback abutting a street in the case of a corner lot and that no such encroachment shall be closer than ten (10) feet to any lot line, occur upon a required easement, or in a required side yard. 4. The total floor area of an attached accessory garage shall not be less than four hundred eighty (480) square feet and shall not be greater than the gross floor area of the principal structure or one thousand (1,000) square feet, whichever is least. 5. Detached accessory buildings and structures within the A-1 and A-2 Zoning Districts: a. The total floor area allowed for all detached accessory structures shall be as follows: 2 Lot Area - Maximum Total Floor Area of All Detached Accessory Structures ac. or smaller 1,000 square feet F1.00 1.01 ac. to 2.00 ac. 1,500 square feet 2.01 ac. to 3.00 ac. 2,000 square feet 3.01 ac. to 4.00 ac. 2,500 square feet 4.01 ac. to 5.00 ac. 3,000 square feet 5.01 ac. to 6.00 ac. 3,500 square feet 6.01 ac. to 7.00 ac. 4,000 square feet 7.01 ac. to 8.00 ac. 4,500 square feet 8.01 ac. to 9.00 ac. 5,000 square feet 9.01 ac. to 10.00 ac. 5,500 square feet 10.01 ac. and larger 6,000 squar!_feet b. For parcels located within the long range urban service area or those parcels with an area of five (5) acres or less - (1) In no case shall the floor area of an individual detached accessory building exceed one thousand five hundred (1,500) square feet for parcels with an area of five acres or less. (2) The total floor area of all accessory structures shall not exceed two hundred (200) percent of the gross floor area of the principal structure, or shall not exceed the maximum combined accessory area allowed based upon lot size, as outlined in this section, whichever is least. C. There is to be no more than two (2) detached private garages or accessory structures for each single family dwelling. 6. Detached accessory buildings and structures within the R -C, R-1, R-2, and R-3 Zoning Districts: a. The total floor area allowed for all detached accessory buildinqs shall be as follows: Lot Area Maximum Total Floor Area of All .1 - I Detached Accessory Structures I 0.00 to 1.00 ac. 1,000 square feet 1.01 to 2.00 ac. 1,500 square feet 2.01 ac. or larger 2,000 square feet b. In no case shall the floor area of an individual detached accessory building exceed one thousand five hundred (1,500) square feet. C. The total floor area of all accessory structures shall not exceed two hundred (200) percent of the gross floor area of the principal structure, or shall not exceed the Maximum combined accessory area allowed based upon lot size as outlined in this section, whichever is least. d. There is to be no more than two (2) detached private garages or accessory structures for each detached single or two-family dwelling. 7. Within the RA R-5, R-6, and R-7 Zoning Districts - a. No accessory detached building shall occupy more than one hundred fifty (150) square feet when accompanied by an attached garage on the same lot nor shall the combined total floor area of an accessory detached building and/or attached garage exceed one thousand one hundred fifty (1, 150) square feet. b. There is to be no more than one (1) detached private garage or accessory structure for each detached single or two-family dwelling. Section 5. Section 20-16-4.G.2.a (Accessory Buildings - Building Type and Standards) of the Zoning Ordinance is hereby amended to -read as follows: a. The lot or parcel lies within the Rural Service Area or Urban Service Area Reserve, as defined by the Comprehensive Plan. U, Section 6. Section 20-16-645 (Fences) of the Zoning Ordinance is hereby amended to read as follows. 5. Required Front Yards and Side Yards of Corner Lots - Fences extending across required front yards or a required side yard that abuts a street on a corner lot shall not exceed forty-eight (48) inches in height and shall be at least seventy- five (75) percent open space for the passage of air and light, except as provided for by Section 20-16-6-J.5.b of this Chapter. b. A fence with a height greater than forty-eight (48) inches and/or less than seventy-five (75) percent open space may be constructed within the required rear yards and side yard of a corner lot abutting collector or arterial street by administrative permit, provided that: 1 . The fence does not exceed six (6) feet in height. 2. The fence is setback ten (10) feet from the lot line abutting a collector or arterial street right-of-way. 3. For interior lots, a gate or other opening is to be provided in the fence to allow for maintenance of the street side boulevard. 4. The fence along a side lot line abutting a collector or arterial street right-of-way shall not extend closer to the front lot line than a point intersecting the rear line of the principal building. 5. On lots where no bufferyard has been established pursuant to Section 20-16-7.D of this Chapter, the yard on the street side of the fence shall be grass and landscaped with plant materials that will grow to the height of the fence. C. All fences located within any required yard abutting a public right-of-way shall maintain the traffic visibility requirements of Section 20-16-8 of this Chapter. 5 Section 7. Section 20-16-7 (Required Fencing, Screening and Landscaping) is hereby amended to add the following language - D. Residential Bufferyards, Double frontage lots or corner lots abutting a collector or arterial street, as defined by the Comprehensive Plan, preliminary platted after [EFFECTIVE DATE] shall have an additional ten (10) feet of depth or width to be overlaid with a drainage and utility easement in order to allow space for screening along the lot line abutting such street rights-of-way. 2. Plan Required. For all applicable subdivisions, a landscape plan shall be submitted. The plan shall identify all proposed buffer screening including plantings, berms, and fences. The development contract shall include a security for the cost of materials and installation of the approved plan. 3. Design Standards a. Plantings: All designated buffer yards must be seeded or sodded except in areas of steep slopes where natural vegetation is acceptable as approved by the City Engineer. All plantings within designated buffer yards shall adhere to the following. - Plant material centers shall not be located closer than three (3) feet from the fence line or property line, and shall not conflict with public plantings, sidewalks, trails, etc. 2. Landscape screen plant material shall be planted in two (2) or more rows. Plantings shall be staggered in rows unless otherwise approved by the Zoning Administrator. 3. Deciduous shrubs shall not be planted more than four (4) feet on center, and/or evergreen shrubs shall not be planted more than three (3) feet on center. 4. Deciduous trees intended for screening shall be planted not more than forty (40) feet apart. Evergreen trees intended for screening shall be planted not more than fifteen (15)) feet apart. 9 b. Earth Berms - Except in areas of steep slopes or where other topographic features will not permit, as determined by the City Engineer, an earth berm at least four (4) feet in height shall be installed in all designated buffer yards. 2. Earth berms shall not exceed a three to one (3-1) slope unless approved by the City Engineer. 3. Shall contain no less than four (4) inches of topsoil. d. Landscaping and fences shall maintain the traffic visibility requirements of Section 20-16-8 of this Chapter. 4. Installation. All buffer plantings, berms, and fences shall be installed or planted prior to release of the security required as part of the development contract. 5. Maintenance. a. Maintenance of the buffer strip planting shall be the responsibility of the individual property owners or, if applicable, the homeowners' association. b. Replacement of landscape materials or plantings in a buffer yard area shall be consistent with the original screen design. C. All repair or plant replacement shall be done within forty five (45) days of written notification from the City. Section 8. Section 20-16-9 (Drainage Plans) of the Zoning Ordinance is hereby amended by adding the following language: E. Wetlands: In addition to the requirements of Section 93 of this Chapter, the following shall be the minimum protection for natural wetlands. 7 Runoff must not be discharged directly into wetlands without appropriate quality and quantity runoff control, depending on the individual wetland's vegetation sensitivity, subject to approval of the City Engineer. 2. Wetlands must not be drained or filled, wholly or partially, unless replaced by either restoring or creating wetland areas of at least equal public value. Compensating for the impact by replacing or providing substitute wetland resources or environments with those of at least equal public value. Compensation, including the replacement ratio and quality of replacement should be consistent with the requirements outlined in the rules adopted by the Board of Water and Soil Resources to implement the Wetland Conservation Act of 1991, as may be amended. 3. Work in and around wetlands must be guided by the following principles in descending order of priority: a. Avoid both the direct and indirect impact of the activity that may destroy or diminish the wetland. b. Minimize the impact by limiting the degree or magnitude of the wetland related activity and its implementation. C. Rectify the impact by repairing, rehabilitating, or restoring the affected wetland environment with one of at least equal public value. d. Reduce or eliminate the adverse impact over time by preservation and maintenance operations during the life of the activity. e, Compensate for the impact by replacing or providing approved substitute wetland resources or environments. 4. Vegetated Buffer Protection. a. A protective buffer of natural vegetation at least twenty (20) feet wide from the delineated edge at the time of development shall surround all wetlands within parcels preliminary platted, developed, or redeveloped after [EFFECTIVE DATE]. The City Engineer may require a larger buffl Uer than the minimum based upon site specific IQ design issues. The design criteria should follow common principles and the example of nearby natural areas. The site should be examined for existing buffer zones and mimic the slope structure and vegetation as much as possible. b. A principal building setback of forty (40) feet from the delineated edge of all wetlands or twenty (20) feet from the edge of a buffer easement, whichever is greater, shall be provided within parcels preliminary platted, developed, or redeveloped after [EFFECTIVE DATE] C. Grading, construction, or vegetation alteration/disturbance within this buffer is prohibited. Buffer design and protection during construction shall accomplish any or all of the following: 1 . Slow water runoff. 2. Enhance water infiltration. 3. Trap sediment, fertilizers, pathogens, heavy metals, blowing snow and soil, and act as corridors for wildlife. 4. Drain tiles shall be identified and rendered inoperable. d. The buffer shall be overlaid by a perpetual conservation easement and maintained by the property owner and marked by permanent signs to prevent encroachment. 5. Ponding areas established for stormwater drainage purposes are exempt from the provisions of this section. Section 9. Section 20-16-10 (Glare) of the Zoning Ordinance is hereby repealed and replaced by the following: 20-16-10 Exterior Lighting: A. Purpose: It is the purpose of this section to encourage the use of lighting systems that will reduce light pollution while increasing night time safety, utility; security and productivity. 9 B. Exemptions. The provisions of this section shall not apply to the following - Temporary outdoor lighting used during customary holiday seasons. 2. Temporary outdoor lighting used for civic celebrations and promotions. 3. Lighting required by a government agency for the safe operation of airplanes, or security lighting required on government buildings or structures. 4. Emergency lighting by police, fire, and rescue authorities. 5. Arch itectural/hi stcrica I light fixtures that feature globes that are not shielded. In no case shall the light affect adjacent property in excess of the maximum intensity defined in Section 20-16-10- C. 1. 6. All outdoor lighting fixtures existing and legally installed prior to [EFFECTIVE DATE] are exempt from regulations of this Section but shall comply with the previous standards for glare as follows. a. Any lighting used to illuminate an off- street parking area, sign or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets. Director sky -reflected glare, where from flood lights or from high temperature processes such as combustion or welding shall not be directed into any adjoining property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights which cast light on a public -street shall not exceed -one (1 ) 4100,[ 10 candle (meter reading) as measured from the center line of said street. Any light or combination of lights which cast light on residential property shall not exceed four - tenths (.4) foot candles (meter reading) as measured from said property. b. Replacement. Whenever a light fixture that was existing on [EFFECTIVE DATE] is replaced by a new outdoor light fixture, the provisions of this section shall be complied with. C. Performance Standards. Intensity. No light source or combination thereof which cast light on a public street shall exceed one (1) foot candle meter reading as measured from the centerline of said street nor shall any light source or combination thereof which cast light on adjacent property exceed four -tenths (0.4) foot candles as measured at the property line. 2. Agriculture or Residential District Standards. In all agriculture or residential districts, any lighting used to illuminate an off-street parking area, structure, or area shall be arranged as to deflect light away from any adjoining residential property or from any public right-of-way in accordance with the following provisions: a. The light source shall be hooded or controlled so as not to light adjacent property in excess of the maximum intensity defined in Section 20-16-10. C. 1. b. Bare light bulbs shall not be permitted in view of adjacent property or public right- of-way, unless part of a permanent fixture. 3. Institutional, Business, and Industrial Districts. Any lighting used to illuminate an off-street 40 parking area, structure, or area shall be 11 arranged so as to deflect light away from any adjoining property or from any public right-of- way in accordance with the following provisions: a. Shielding. The light fixture shall contain a cutoff which directs the light at an angle of ninety (90) degrees or less. Exposure of the light source shall not be permitted in view of adjacent property or public right-of-way. b. Lighting of entire facades or architectural features of a building shall be approved by the City Council. Building facades or architectural features may not be internally illuminated and shall only utilize illuminating devices mounted on top and facing downward onto the structure. In no case shall the light affect adjacent property in excess of the maximum intensity defined in Section 20-16-1 O -C. 1. C. Intensity, Light sources shall not be permitted so as to light adjacent property in excess of the maximum intensity defined in Section 20-16-10.C.1 of this Chapter. d. Search Lights. The use of search lights for any business shall be limited to not more than two (2) events per calendar year. During any one event, the use of search lights shall be limited to five (5) days consecutively and shall not be used between the hours Of 10:00PM and sunrise. 4. Height. The maximum height above the ground grade permitted for poles, fixtures, and light sources mounted on a pole is twenty-five (25) feet. A light source mounted on a building shall not exceed the height of the building. Exceptions to the height limits for light sources may be approved by conditional use permit provided that all other requirements of this 12 Section are complied with. 5. Location. a. All outdoor light fixtures shall be setback a minimum of ten (10) feet from a street right-of-way and five (5) feet from an interior side or rear lot line. b. No light sources shall be located on the roof unless said light enhances the architectural features of the building and is approved by the City Council. 6. Hours. a. The use of outdoor lighting for parking lots serving institutional, commercial, and industrial uses shall be turned off one (1) hour after closing, except for approved security lighting. b. All illuminated business identification signs shall be turned off between 11 -00 PM and sunrise, except that said signs may be illuminated while the business facility on the premise is open for service. 7. Glare. Direct or reflected glare from high temperature processes such as combustion or welding shall not be visible from any adjoining property. 8. Outdoor Recreation. Outdoor recreational uses such as, but not limited to, baseball fields, football fields, tennis courts and snow skiing areas have special requirements for night time lighting. Due to these unique circumstances, a conditional use permit shall be required for outdoor lighting systems for such uses that do not comply regulations of this section, provided that: 13 a. No Public or private outdoor recreation facility shall be illuminated after 11:00 PM. b. Off-street parking areas for outdoor recreation uses that are illuminated shall meet the requirements for institutional, commercial, and industrial applications as found in Section 20-16-10.C.3 of this Chapter. C. The provisions of Section 20-4-2.17 of this Chapter are considered and satisfactorily met. 9. Outdoor Signs. Outdoor signs constructed of translucent materials and wholly illuminated from within do not require shielding. Signs not exclusively illuminated internally may only utilize illuminating devices mounted on top and facing downward of the display structure. All shall comply with all other provisions of this Ordinance. D. Prohibitions. The following outdoor lights are prohibited - 1 . Flashing lights. Section 10. Section 20-25-5 (Accessory, Second Residential Dwellings (Temporary)) of the Zoning Ordinance is here by repealed and reserved for future use, 20-25-5 RESERVED. Section 11. Section 20-26-4.13 (Farm Animals) of the Zoning Ordinance is hereby amended to read as follows: B. The keeping and maintaining of farm animals, including livestock and horses, shall be allowed by administrative permit in the A-2 District and by conditional use permit in the R -C Zoning District, provided: The applicable provisions of Section 20-4-2.F or 20-8-2.D of this Chapter are considered and determined to be satisfied. M 2. The minimum lot size upon which animals are to be located shall be two and one-half (2 1/2) acres. 3. Farm animals may not be confined in a pen, feedlot, or building within two hundred (200) feet of any Residential District, other than an R -C District, established by Section 50 of this Chapter property line not owned or leased by the operator. 4. The keeping and care of animals is provided as regulated by the City Code. 5. The density per acre of farm animals specifically allowed must not exceed the maximum densities, as specified below, unless permitted by conditional use permit: - Animals Number/Acre a. Cattle, horses mules,clonkeys I b. Goats, sheep 5 C. Swine 10 d. Turkeys, ducks, geese 25 e. Chickens, rabbits, guinea pigs, hamsters, pigeons 50 6. A shelter or stabling facility shall provide a minimum of one hundred (100) square feet per acre of enclosed area per animal, or fractions thereof, as based upon the number of animals per acre listed above (example- 100 square feet divided by five goats/acre = 20 square feet of enclosed area per goat). Section 12. Section 20-27-2 (Feedlots - Allowed Feedlots) of the Zoning Ordinance is hereby amended to read as follows-. 20-27-2: ALLOWED FEEDLOTS: A. Except as provided for by Section 20-27-2.B, existing feedlots may continue operations as legal nonconforming uses as set forth in Section 15 of this Chapter, and as long as they do not constitute a potential pollution hazard. Such feedlots may only continue on the condition that they obtain approval from MPCA, if necessary. 15 0 Interpretation of Section 1555- It is understood that by its nature the raising of animals and farming creates a situation where there are seasonal, natural, fluctuations in the number of animals within a facility. it is also understood that to remain viable, a farming operation must have a reasonable ability to limited expansion. Due to these peculiar circumstances, and only for purposes of this Section, the phrase "enlarged" contained in Section 15 of this Ordinance shall be construed as an enlargement of a legally established pre-existing use in the following circumstances: a. In a case where a new structure is constructed or is proposed for construction for the purpose of housing additional animals. b. In a case where a lagoon or earthen basin associated with an increase in animal units is constructed or proposed for construction. C. In a case where an existing animal feedlot is not in compliance with the terms and conditions of an MPCA permit or interim permit. d. In the case where additional animal units place the facility in violation of current City ordinances regarding the care of animals. e. Any increase of the total number of animal units in an existing animal feedlot which raises the cumulative total of animal units above twice the number present upon the facility at the date of adoption of this Ordinance. Any construction, outside of normal maintenance, which has the effect of increasing the size of a building used for the purposes of housing animals which is done without the conditional use permit required by this section. 9. Absent any ongoing violations of other City ordinances. 16 B. Registered Feedlots.- Those feedlots registered with the City by October 1, 2000 may continue operations and be allowed limited expansion opportunities as provided for in this section, subject to the following- Registration.- All existing feedlots shall be registered with the City by October 1, 2000 by administrative permit, subject to the procedures set forth in and regulated by Section 8 of this Chapter. a. An application for an administrative permit to register an existing feedlot shall include the following information: Owners and operator's name and address. (2) Location of the animal feedlot including quarter, section, range and township. (3) Animal types and existing number of animals of each type confined at the feedlot and maximum number of animal units allowed in conformance with MPCA permits and guidelines. (4) A scale drawing clearly indicating the dimensions of the feedlot and showing all existing homes, buildings, existing manure storage areas and/or structures, lakes, ponds, water courses, known wetlands, dry runs, rock outcroppings, roads and wells within one thousand (1,000) feet of the feedlot. (5) Plans for buildings and structures as required by this Ordinance and/or other County and State ordinances and regulations. 17 (6) A manure and waste management plan as required by the MPCA. (7) Leases or agreements allowing disposal of manure on land other than that of the feedlot owner/operator. No land may be subject to more than one (1) such lease or agreement. (8) Documentation of compliance with all MPCA rules and regulations and approval of MPCA permits, as may be applicable. (9) Information identified in Section 20-8-3 of this Chapter, as may be applicable. b. Amended Registration- An amendment to a registration may be applied for and shall be administered in a manner similar to a new registration application. Amended registration shall be required for any of the following: (1) Ownership of an existing feedlot is changed, including but not limited to the following: (a) A change in ownership of buildings and/or land. (b) A lease for the use of buildings andlor land is entered into, modified or terminated. (2) There is a substantial change in operation of the feedlot. (a) The number of animal units is increased two hundred (200) percent above the number of animal units im existing at the feedlot on the date of registration. (b) Construction of new buildings or expansion of existing buildings capable of housing animals. (c) Any change in the operation of a feedlot that would affect the storage, handling, utilization or disposal of manure. C. Termination. Registration of an existing feedlot shall be valid indefinitely provided that the operation is in full compliance with the provisions of this Chapter and County and/or State regulations, as may be applicable. The owner of a feedlot may terminate an approved registration at any time by submitting a written request to the Zoning. Administrator. Once terminated by a feedlot owner, registration shall be permanently forfeited a ' nd not be re-established under any circumstances. Any feedlot for which registration was terminated may continue operations as a legal non -conforming use as outlined in Section 20-27-2.A.1 of this Section. d. Any feedlot not registered with the Zoning Administrator by October 1, 2000 may continue operations as a legal non- conforming use as outlined in Section 20- 27-2.A. 1 of this section. Section 13. Section 20-27-4 (Feedlots - Expansion of Animal Units) of the Zoning Ordinance is hereby amended to read as follows: 20-27-4: EXPANSION OF ANIMAL UNITS: An existing feedlot that is registered pursuant to Section 20-27-2.13 may be allowed to increase the number of animal units, subject to the following: 19 Section 14. Section 20-27-5-A (Feedlots - Structures for Housing Farm Animals) of the Zoning Ordinance is hereby amended to read as follows - 20 -27-5.A Construction of new buildings or expansion of existing buildings for the purpose of housing farm animals is allowed for existing feedlots that are registered per Section 20-27-2.13 provided that: Section 15. Section 20-27-5.13 (Feedlots - Structures for Housing Farm Animals) of the Zoning Ordinance is hereby amended to read as follows: B. Construction of new buildings or expansion of existing buildings for the purpose of housing farm animals for existing feedlots that are not registered in accordance with Section 20-27-2.13 shall be subject to the provisions of 20-27-5.A above and require approval of a conditional use permit. Section 16. Section 20-37-2.E (Signs - General Provisions) of the Zoning Ordinance is hereby amended to read as follows: E. No sign or sign structure, unless otherwise regulated by this Section, shall be closer to any lot line than ten (10) feet). On corner lots, no sign shall be located within the visibility triangle required by Section 20-16-8 of this Chapter. No sign shall be placed within any drainage and utility easement. Section 17. Section 20-37-5.B.3 (Signs - Real estate development project signs) of the Zoning Ordinance is hereby amended to read as follows: 3. Real Estate Development Project Signs. Signs involving temporary identification of a new subdivision or development located upon the project site. a. Each subdivision or development shall be allowed the following temporary signs by administrative permit: One (1) sign located on the project site not to exceed sixty-four (64) square feet in surface area and a maximum height of fifteen (15) feet, except signs abutting principal arterial streets which may not exceed one hundred (100) square feet in surface area and fifteen (15'), feet in height. 20 (2) One (1) sign located off -premises for directional purposes may be allowed for each arterial street approach to the property which may not exceed sixty- four (64) square feet and a maximum height of 15 feet. Not more than one (1) directional sign may be erected on a single parcel. b. The permit shall be renewable annually and conditioned upon documentation allowing such sign or structure by the property owner upon which it is to be located, and a vacancy rate of the subdivision greater than ten (10) percent. C. A security as determined by the Zoning Administrator shall be provided to ensure compliance with this Section and removal of the sign at such time as the number of vacant lots within the subdivision is less than ten (10) percent of the total number of lots. d. Signs shall be setback not less than twenty (20) feet from any property line. e. Signs may be illuminated provided that the light source is downcast and shielded to prevent - glare onto adjacent properties or the public right-of-way. Section 18. Section 20-51-51 (A-1 District - Conditional Uses) of the Zoning Ordinance is hereby amended to read as follows: F. Residential lot sizes larger than two and one-half (2-1/2) acres for lots of record and preliminary platted lots established prior to [EFFECTIVE DATE], provided that: All other applicable provisions of Section 20-51-8.A of this Chapter are met. 2. The lot expansion is the result of: a. Existing buildings occupying an area larger than the lot size minimum. b. The land involved in the subdivision is non -tillable and marginal for use in agricultural production. 3. In no case shall the lot area exceed ten (10) acres, 21 4. The provisions of Section 20-4-2.F of this Chapter are considered and satisfactorily met. Section 19. Section 20-51-6.A (A-1 District - Lot Requirements) of the Zoning Ordinance Is hereby amended to read as follows - A. Lot Area Requirements - 1 . Minimum Lot area: 2. Maximum Lot area 3. Minimum Lot width 4. Minimum Lot Depth: Lots of Record and Preliminary Platted Lots Established Prior To [EFFECTIVE DATE] 1 acre 2.5 acres 150 feet 150 feet Lots of Record After rEFFECTIVE DATEI 20 acres None 450 feet None Section 20. Section 20-51-6.C.2 (A-1 District - Side Yard Setbacks) of the Zoning Ordinance is hereby amended to read as follows - 2. Side Yard.- Ten (10) feet. Section 21. Section 20-51-8 (A-1 District - Quarter -Quarter Residential Divisions) of the Zoning Ordinance is hereby amended to read as follows. - 20 -51-8. QUARTER -QUARTER RESIDENTIAL DIVISIONS: In a complete quarter -quarter section which contains no dwellings, one parcel may be subdivided, "the division" to be used as a residential site provided that: A. The division shall conform to all the lot area, density, and setback requirements of Section 20-51-6 of this Chapter. B. A deed restriction shall be placed upon parcels that have exercised development rights to prohibit additional subdivision, unless it is rezoned. 22 C. The initial quarter -quarter section is under common ownership. D. The division is processed in accordance with the City's Subdivision Ordinance. E. The site is capable of accommodating a private well and septic system. Section 22. Section 20-52-5 (A-2 District - Conditional Uses) of the Zoning Ordinance is hereby amended to add the following language - H. Residential lot sizes less than 20 acres in area and less than 450 feet in width for lots established after [EFFECTIVE DATE], provided that - All other applicable requirements of Section 20-52-6 of this Chapter are complied with. 2. A concept plan utilizing all development rights allowed by Section 20- 52-6.13 of this Chapter is submitted and recorded with the subdivision. 3. Lots are to be clustered and the overall subdivision designed in such a manner so as to provide for logical future street and utility extensions. 4. No lot shall be less than one (1) acre in size or 150 feet in width. 5. The maximum lot size for clustered lots in the Urban Service Reserve Area shall be two and one-half (2.5) acres except if one of the following conditions is met: a. Topography, soils, wetlands, or other natural features dictate a larger minimum lot area. b. The location of existing buildings cannot be fully accommodated in compliance with applicable setback requirements of Section 20-52-6.0 of this Chapter. C. One (1) development right as allowed by Section 20-52- 6.13 of this Chapter is used for a dwelling located on the parent parcel outside of the residential cluster. 23 6. A resubdivision plan for future division of each lot with availability of municipal sanitary sewer service is submitted and recorded on the deed for each lot. Principal and accessory buildings shall be located on each lot in conformance with all present and future setback requirements based on the resubdivision plan. 7. A deed restriction is placed on the parcel exercising development rights and all subdivided lots to prohibit additional subdivision unless it conforms to applicable zoning district requirements. 8. Each lot is capable Of accommodating a private well and septic system. 9. The provisions of Section 20-4-2.F of this Chapter are considered and satisfactorily met. Section 23. Section 20-52-6.A (A-2 District - Lot Area Requirements) is hereby amended to read as follows. A. Lot Area Requirements: 1 . Minimum Lot area 2. Minimum Lot width - 3. Minimum Lot Depth Lots of Record and Preliminary Platted Lots Established Prior To [EFFECTIVE DATEI 1 acre 150 feet 150 feet Lots of Record After fEFFECTIVE DATEI 20 acres 450 feet None Section 24. Section 20-52-6.C.2 (A-2 District - Side Yard Setbacks) of the Zoning Ordinance is hereby amended to read as follows. - 2. Side Yard- Ten (10) feet. Section 25. Section 20-61-6.B.2 (R-1 District - Side Yard Setbacks) of the Zoning Ordinance is hereby amended to read as follows: 24 2. Side Yard- Ten (10) feet. Section 26. Section 20-62-6.B.2 (R-2 District - Side Yard Setbacks) of the Zoning Ordinance is hereby amended to read as follows - 2. Side Yard: Ten (10) feet. Section 27. Section 20-62-6.13.2 (R-3 District - Side Yard Setbacks) of the Zoning Ordinance is hereby amended to read as follows. - 2. Side Yard- Ten (10) feet. Section 28. Section 20-76-6 (B-2 District - Conditional Uses) of the Zoning Ordinance is hereby amended to add the following language - H. Motor vehicle sales, leasing, and rental including new and used automobiles, light trucks, recreational vehicles and equipment, motorcycles, boats and marine equipment, provided that - An enclosed building that complies with the following standards shall be constructed. - Lot Size Minimum Minimum Lot Coverage by Building Buildinqs' Size' Less than 2.00ac. 10% 2,500sf, 2.01 ac. to 4.00ac, 10% 1 0,000sf. 4.01 ac. and larger 20% 40,000sf. 'ger building. 2. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area so as to constitute a blighting influence. 3. The outdoor sales lot shall be surfaced with bituminous or concrete material and surrounded by perimeter concrete curb. 4. The use shall be fenced or screened from view of adjacent Residential Districts in compliance with Section 16 of this Chapter. 25 5. The lot shall have frontage, if not direct access, to a collector or arterial street as designated by the Comprehensive Plan. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with Section 21 of this Chapter, subject to approval of the City Engineer. 6. Off-street parking and loading areas shall be provided in conformance with Section 21 and 22 of this Chapter exclusive of areas used for outdoor sales. 7. Site lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and the location, type, and Illumination field of all site lighting shall comply with Section 16 of this Chapter. 8. The number, size, and location of all signs and visual communication shall comply with Section 37 of this Chapter. 9. Accessory major or minor auto repair or car washing shall be allowed provided that all activities occur within an enclosed building. 10. Accessory outdoor storage shall be limited to vehicles being serviced which shall be fully screened from view of adjacent properties and the public right-of-way in compliance with Section 16 of this Chapter. 11. Hours of operation shall be limited to 9:00AM to 10-.00PM unless otherwise approved by the City Council. 12. The provisions of Section 20-4-2.F of this Chapter are considered and determined to be satisfied. Section 29. Section 20-94-4.13 (Floodplain Overlay District - General Provisions) of the Zoning Ordinance is hereby amended to read as follows: B. Establishment of Official Zoning Map. The official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be part of this Chapter. The attached material shall include the Flood Insurance Study for the City of Otsego prepared by "the Federal Emergency Management Agency (FEMA) dated 30 September 1992, the Flood Insurance Study for Wright County prepared by FEMA dated 18 August 1992, the Flood 26 Insurance Rate Maps for the City of Otsego dated 30 September 1992, and panel #270534 0032C of the Flood Insurance Rate Map for Wright County dated 18 August 1992 therein. The official Zoning Map shall be on file in the office of the Zoning Administrator. Section 30. Section 20-95-7.C.2.d ( WS "A" District - Side Yard Setbacks) of the Zoning Ordinance is hereby amended to read as follows: d. Side Yard- 10 feet. Section 31. Section 20-95-7.D.2.d ( WS "B" District - Side Yard Setbacks) of the Zoning Ordinance is hereby amended to read as follows: Non-Sewered Sewered d. Side Yard: 10 feet. 10 feet Section 32. Section 20-95-7.E.2.d ( WS "C" District - Side Yard Setbacks) of the Zoning Ordinance is hereby amended to read as follows- Non-Sewered Sewered d. Side Yard: 10 feet. 10 feet Section 33. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 14th day of October 2002 CITY OF OTSEGO BY. - Larry Fournier, Mayor 27 ATTEST: Judy Hudson, Zoning Administrator/City Clerk 28 ORDINANCE NO.: CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE OTSEGO ZONING ORDINANCE AS DIRECTED BY THE COMPREHENSIVE PLAN AND RELATED UPDATES. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN. - Section 1. The following Sections of the Otsego Zoning Ordinance are hereby amended. - Section 20-2-2.F. Section 20-3-2.F. Section 20-4-2.F. Section 20-16-4.B. Section 20-16-4.G2.a. Section 20-16-6,J.5. Section 20-16-7. Section 20-16-9. Section 20-16-10. Section 20-25-5. Section 20-26-4.B. Section 20-27-2. Section 20-27-4. Section 20-27-5.A. Section 20-27-5.B. Section 20-37-2.E. Section 20-37-5.B.3. Section 20-51-5. Section 20-51-6.A. Section 20-51-6.C-2. Section 20-51-8. Section 20-52-5, Section 20-52-6.A. Section 20-52-6.C.2. Section 20-61-6.B.2. Section 20-62-6,13.2. Section 20-63-6.B.2. Definitions. Administration - Amendments (Text and Map). Administration - Conditional Use Permits. Accessory Buildings - Single and Two Family Uses. Accessory Buildings - Building Type and Standards. Fences. Required Fencing, Screening and Landscaping. Drainage Plans. Exterior Lighting. Accessory Second Residential Dwellings (Temporary). Farm Animals. Feedlots - Allowed Feedlots. Feedlots - Expansion of Animal Units. Feedlots - Structures for Housing Farm Animals. Feedlots - Structures for Housing Farm Animals. Signs - General Provisions. Signs - Real Estate Development Project Signs. A-1 District - Conditional Uses. A-1 District - Lot Area Requirements. A-1 District - Side Yard Setbacks. A-1 District - Quarter -Quarter Residential Divisions. A-2 District - Conditional Uses. A-2 District - Lot Area Requirements. A-2 District - Side Yard Setbacks. R-1 District - Side Yard Setbacks. R-2 District - Side Yard Setbacks. R-3 District - Side Yard Setbacks. EXHIBIT B Section 20-76-6. B-2 District - Conditional Uses. Section 20-94-4.B. Floodplain Overlay District - Establishment of Official Zoning Map. Section 20-95-7.C.2.d. WS District - Side Yard Setbacks. Section 20-95-7.D.2.d. WS District - Side Yard Setbacks. Section 20-95-7.E.2.d. WS District - Side Yard Setbacks. Section 2. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 14th day of October 2002. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST. - Judy Hudson, Zoning Administrator/City Clerk Pursuant to Minnesota Statutes, this Ordinance is published in summary form. Complete copies of the amended Otsego Zoning Ordinance are available for inspection by contacting the Zoning Administrator/City Clerk, Otsego City Hall, 8899 Nashua Avenue, Otsego, Minnesota 55330. CITY OF OTSEGO CITY COUNCIL CITY ENGINEER'S AGENDA OCTOBER 14,2002 Item 7. 1: Heritage Hills Speeding Issues — Kadler Avenue Speeding Results. Purchase of Speed Monitoring Trailer. Item 7.2: Consider Pay Estimate No. 1 for City of Otsego Project 02-04 CSAH 39 & CSAH 42 Traffic Signal. Item 7.3: Consider Change Order No. 1 for City of Otsego Project 02-03, Otsego Waterfront. Item 7.4: Consider Pay Estimate #4 for City of Otsego Project 02-01, Page Avenue Item 7.5: Any Other Engineering Business G:\MunicipaMOTSEGO\Agendas%councilagenda23.doc Hakanson Anderson 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Assoc., Inc. Phone: 763/427-5860 Fax: 763/427-0520 October 8, 2002 Honorable Mayor and City Council City of Otsego 8899 Nashua Avenue NE Otsego, N N1 5 5' )3 0 Re: Heritage Hills Speeding C, Dear Honorable Mayor and City Council: We have reviewed the information gathered by Mn/DOT within the Heritage Hills Subdivision. The information was gathered between noon on Monday, September 23, 2002 and noon on Wednesday, September 25, 2002. Three stations were set up, one 0.2 miles south of 85'h Street on O'Brian Avenue, one 0.2 miles south of 95 1h Street on Ochoa Court and one north of 82 rid Street on O'Brian Avenue (see sketch). Average Daily Traffic (ADT) on the streets was between 50 to 80. An average of 80 vehicles per day travel between Walesch Estates and Heritage Hills. :z The information gathered shows that the majority (95.5%) of traffic was below or not more than 5 miles over the posted speed limit. There were a total of 31 out of 8421 cars (3.7%) that were exceeding the speed limit by more than 5 mph. 7 out of 842 cars (<I%) exceeded the speed limit by more than 10 mph. The worse single offense (55 to 59 mph) occurred at 9:00 am on Wednesday, September 25, 2002. C7 d 4 of the 31 speeding offenses occurred at the station nor-th of 82 Street on O'Brian Avenue, 15 speeding offenses occurred at the station south of 85th Street on O'Brian Avenue and 12 speeding offenses occurred at the station south of 85th Street on Ochoa Court. The data collected appears typical of a local street. A majority of the traffic stays within or very near the posted speed limit, but there are speeders. Enforcement to deter the few speeders is sua-ested. 6 out of 7 excessive speed events occurred between 3:00 prn and 8:00 pm. = Z1 - Sincerely, Hakanson Anderson Associates, Inc. RJW:dlc cc: Mike Robertson, Administrator Judy Hudson, Clerk Civil & Municipal Enginee7ing 25 GAN I Lin icipaRAOTSEG0\9 I O\ot9 I 011fispeeding.do, Land Surveyingfor MINDOT ST CLOUD #2203 2 1 N.E. 85th --.ST ui Lj LJ cr- LLJ LLJ. N.E. Lj LLJ u C-) N, 8th ET S.7?.27'2002 09:19 3202036089 �LNTDOT ST CT OUC '12203 7r P-002 MNI/D0T Traffic Finginecrina 320-255-4229 O'BR1AN AVE. Site: N of 82nd. it. NF. Dam: 09M/02 TitIe3 S5 OTSEGO Direction: ��C,; '_j.TT_ _F5_ti_TQT4__25_-29 _30-3�__' T)_-36__A6Z_ —45-4§-- 54T--54 _55'.5'F_ Time MPH MPI -I MPH MPH MPH IMPH MPH MP14 MPH MPH MPH MPH MPH 01;00 0100 04:00 ()6;00 07:00 0* 0 0 12 -PM 4 0 0 0 0 0 0 17 01:00 4 2 1 0 0 a 0 0 0 0 a 26 02:()0 3 2 1 0 0 0 0 a 1) 0 1) Z4 03:00 9 0 1 3 4 0 0 0 0 0 0 a a 25 04JI0 6 0 2 4 a 0 0 0 0 0 0 0 0 20 05:00 5 1 1 3 0 0 0 a 0 0 0 0 a 19 06:00 9 2 2 4 0 1 0 D a 0 0 a 0 0 19 07:00 6 1 1 2 2 a 0 0 a 0 0 0 0 0 20 08:00 3 0 0 1 1 0 a 0 a a 0 0 0 27 09:00 0 0 0 0 0 0 0 0 0 0 0 a 0 0 a 10:00 0 0 0 a 0 0 0 0 0 0 0 0 0 11:00 0 0 0 0 0 0 0 0 0 0 0 .7- 0 9 —is—, 7 _0_0 0 _D Pcr-.cnf 10.0 18.0 46.0 19.0 3.0 n.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 oCTotal PercentlIc Suceds I -O -LK" L5y—. Ma/. _S5 0Zp 90% 15.6 16.7 22.4 29.3 29.4 10 MPH Paze Soced IS -25 Numbcr in narc 32 I/a in pace 4W.0 Soced Exceedcd 45 MpIq 55 MPH 65 MPH Paccnw2c 0.0. 0.0 0.0 Totals a 0 0 prIn d 7 '20d2' 15at.1 File 7s�hbri'a_n Le 5-7?.27'2002 09:19 3202036029 MNZOT ST C:;CUi-,, #2203 ?.ou MN/DOT Traffic Enizineerina 320-255-4229 O'BRIAN AVE. Site: ,.je2 N of 82ild. sc. NE Title3 Sa 07SEGO Direction: Date: 09/24102 ffe—gin -r�r.,�F7-7- 14 15. �19 zo-Z4 31):34 35 39 45 ��4§ -69 707'-93.— 1)-54 5"9 Time ZAM MPH MPH MPF MPH MM IMP14 MpIll M?H MP14 LY P 114 MPH MPH Nfpk Avp I ;1.00 0 T— 0 0 0 0 0 0 1.) a 02:00 0 0 0 0 0 0 0 0 0 03:00 0 a a 0 0 0 0 n 04;00 0 0 0 0 0 0 0 0 0 27 05:00 0 2 1 1 0 06;00 4 0 0 2 1 1 1 0 0 07:01) 6 0 1 4 1 0 0 0 0 0 1) 26 0 0 0 0 0 0 Z2 09:00 L 0 1 0 0 0 a 0 0 a n a a 0 24 0 1) a 0 0 a 0 27 11:00 3 0 2 0 0 0 0 a a a 0 0 24 12:?M 5 0 1 3 0 1 0 0 0 0 20 01:00 3 Q 0 A, 1 0 0 0 02:00 9 0 3 3 2 1 0 0 0 0 04:00 6 1 3 2 0 0 0 0 a 0 0 13 0 23 0 0 0 0 0 0 17 06:00 5 0 1 4 0 0 0 21 07:00 3 0 2 1 0 0 0 0 0 0 19 09:00 1 0 0 0 0 0 0 0 G 0 22 10:00 0 0 0 0 0 0 0 27 11:00 1 0 1 0 0 0 du 3 20 35 16 5."*,— 0 0 1) 0 0 —0�� 17 U --d- —00-- a Perccnx 2's 25.0 43.9 20.0 6.3 1.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 orToial 10% 15% 50% Ls 5 -1 e 9 0 0/1, 16.3 17.3 22.4 28.1 29.4 10 MPF Pece Smed -25 Number in mace 55 % in vwx SCA'ed Exreeded 45 pvcaltaec! I;$ MP14 65 MPH 0.0 0.0 0 0 SE?.27'2002 09:19 3202036089 DUiZOT a -T CLOUD 02203 P.004 MN/DOT Traffic Engincerine 320-255-4229 :1 O'BRIAN AVE. SiTe: I I Lde2 N of 82nd. sr. NE Date: 09/25/02 Til:16 SB OTSEGO Direction: 1-14 T19 �6:14 B-i� 36'�4 35-39"' 40-1i� 0-54 55- 60-64 6 69 7F-9-9 Time MFH MPH MFIK MPH M?14 MPH MPF MPH MPH MPR MPH M PH MP14 --0 0 —D —a --- -0 —0" 0 0 a a 01:00 o 0 0 0 0 0 0 0 0 0 0 0 0 02:00 0 0 0 0 0 0 0 a 0 0 0 0 0 03:00 1 a 0 0 1 0 0 G 0 0 0 0 0 0 27 04:00 a 0 a a 0 a 0 0 a 0 a 0 0 0 0 05;00 7 a 1 2 3 j 0 0 0 0 0 0 0 26 06:00 3 0 0 2 0 0 0 a 0 0 0 0 2d 07:00 5 0 a 4 1 0 a 0 0 1) 0 0 0 a 23 0.1;00 5 0 0 3 1 1 0 a 0 0 0 0 G 25 0�m 3 1) 1 1 0 r) 0 0 0 0 (v 0 0 0 32 10:00 1 0 a I a 0 0 0 0 a 0 a 0 0 22 1 L:00 0 0 a 0 0 a 0 0 0 0 0 a 0 0 01:041 02:00 03:00 04:00 05 , 00 06:00 07:00 08:00 09:00 0:00 (i—f- —13 —7 0 0 25 's Pcrccnt 0.0 orTotal PcFCcndIC Spceds 20.4 10 MPH Pace SDftd Number in asce % in cace SDccd Exceeded Percenmee Totals 20 me 0 MPH 4.0 8.0 52.0 2K.0 4.0 4.0 0.0 0.0 0. 0 4.0 0.0 OJI 0.0 U 0/-- 20.8 55 MPH 4.0 1 24.2 30.0 65 NIPH KY2 35.0 09:119- 3202,336,0813 I-LN:�OT ST CIOUD 42203 ?.005 MN/DOT Traffic Enj7-ineerjpa 320-255-4229 Tirlel O'BRIAN Ave. Site: N of -32nd. st. NE Date: 09/23/0-7 j ue3 NB OTSEGO Direction: 25-29 36--34-' 5-0-54' Time MPH MPH MPH M?J4 MP14 MPH MPH. %Yf P H MPH IMPH MPH MPH Nf PH 12AM 02:00 04:00 05:00 06:00 a 7:00 08:00 09:00 10;00 0 0 0 0 0 0 0 11-00 5 0 0 3 2 0 0 1) 0 0 0 0 0 a 24 12:PM 2 0 0 2 0 0 0 0 0 0 a 0 0 0 1.2 01:00 3 0 0 t I 1 0 (1 0 a 0 0 (1 a 27 02:00 5 2 2 1 0 a 0 0 a 0 0 0 21 03:00 9 0 1 (1 2 0 0 a a 0 0 0 0 V OA:00 to 0 3 1 4 2 0 a 0 0 0 0 0 24 050 9 1 2 4 1 0 0 a 0 0 0 11 0 0 20 06:00 13 0 4 6 2 a 1 0 0 0 0 0 a 0 22 07-00 5 0 2 3 a 0 0 0 0 0 0 0 0 0 20 09:00 3 0 a 0 3 0 0 0 0 0 n 0 0 0 27 09:00 1 a a 1 0 0 0 0 0 n a 0. 27 10:00 1 0 0 1 0 0 0 a 0 0 0 0 417 11 -00 0 0 0 0 0 0 0 0 0 1) 0 ouilv 65 1 14 29 18 3 0 0 —0-76—jy 1.5 21.5 43.1 27.7 4.6 1.5 0.0 0.0 0.0 0.0 0.0 .0.0 0.0 of 1,0121 I"CTC-CI)IiIC Saecds 1006 15"/0 90% 17.1 18.2 23.2 28.6 29.4 10 MPH Pace Soccd : 20 - 30 Number in nace 46 % in Duce 70.8 Spc,zd Exceeded 45 SAPR 5-1 MPH 65 MPH Perceritaec 0.0 0.0 0.0 Totals 0 0 6 �jT 1 e--n6�-b—riii�--- P89c I 61?. z t ',�UJ2 C3 :19 3202013E,118� 10% 5001. HN17)OT ST CLCUID 10 MPJI Pace Speed 20-30 Number in pace t2203 % ill 094C 74.7 Speed Exrecded 45 MPJ.l 55 MP14 65 MPH Parcentatc 0.0 0.0 0.0 P.006 MIN/DOT Traffic Engineerine 320-255-4229 O'BRIAN Ave. Sire: -e2 N of 32nd. sr.. NE Daw 09124/02 Tit.10 NB OTSEGO Direcdon: e2in Torzi C4' —25--2-:f 36737. — Time MP14 MPH. MPV MPH MPH MP14 MPH MP14 MPH MP14 MPH N04 MPPI AvP L2*AM F) 0 01:00 0 0 0 0 02:00 0 0 0 n 0 0 03:00 0 0 0 a 0 0 04:()0 1 0 1 0 0 0 0 0 a 0 27 1 0 1 0 0 0 0 0 0 24 0 0 0 0 0 0 0 07:00 7 1 2 2 0 0 20 08:00 a 0 a 0 0 0 0 0 0 0 09:00 A a a 3 1 0 C 0 0 0 0 23 10:00 3 0 a 3 0 0 a 0 0 0 0 0 0 22 11:00 3 1 tj I 1 0 0 0 0 0 0 0 19 12:PM 6 0 0 .4 2 1 0 0 0 0 0 1 0 0 0 0 0 0 0 02:00 7 0 1 2 4 0 0 0 0 a 0 0 2d 03:00 10 0 3 1 1 n 0 a a 0 24 04;00 5 0 a 4 0 0 0 a 0 0 24 05:00 12 1 2 3 5 1 0 0 0 0 0 0 0 116:00 A 0 4 4 0 0 0 a 0 23 07:00 2 0 0 2 0 0 0 0 0 0 0 118:00 1 0 1 0 0 0 a 0 0 0 22 0 0 0 0 0 0 0 0 0 0 22 10:00 3 0 0 3 0 0 0 0 0 0 a 0 22 11:00 0 0 0 n 0 0 27 79 3 1-3 4 1) 0 0 0 0 0 0 6 22 0 0-- 2T Pcrcent 3. 8 16.5 41.8 32.9 5.1 0.0 0.0 0.0 (10 0.0 0.0 0.0 0.0 orTotal Pcrccntilc Speeds 10% 5001. 76.9 18.5 23.6 28.7 10 MPJI Pace Speed 20-30 Number in pace 59 % ill 094C 74.7 Speed Exrecded 45 MPJ.l 55 MP14 65 MPH Parcentatc 0.0 0.0 0.0 906/-, 29.4 !nt otal Percentile Sneeds 10 MPH PlAcc Speed Number in pace % In Vace S Deed Exceeded perccnmgc Totals 5.9 11.8 35.3 47.1 0.0 10% 17.5 20-30 14 8LA 45 MP14 0.0 0 Uyj7 508% 20.0 25.0 SS MPH 0.0 0 65 MPH 0.0 0 28.8 0.0 0.0 0.0 0.01 0.0 0.0 0.0 90% 29.4 ean 'Printed: 9/2&2002 �C MINXOT Traffic Engincerinp- 320-255-4229 Title I O'BRJAN Ave. Site.. Title2 N of 82nd. st. NE Date: 1e3 NB OTSEGO Direction: W25/02 ,zoin 7ZT. 25-29 30-34--35:39 4C44 45-49 '-70-54 .64 Time MPH MPH —o—o N(PH MPI -I IMPI'l MPH IMP14 MPH MPH MPH MPI-( MPH MPH 0 0 0 1) 0 0 0 01;00 0 0 0 0 0 ,)2:00 0 a 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 a 0 U 1) 0 0 2 0 0 0 0 0 27 06:00 3 0 2 0 0 0 0 0 0 24 1 3 1 0 0 0 0 0 0 0 0 25 09:0() 2 1 0 1 a 0 0 0 0 0 0 22 09: 00 1 0 0 1 0 0 0 0 0 0 0 0 22 10:00 2 0 a 0 2 0 0 0 0 0 0 0 27 11:00 0 0 0 0 0 0 0 a a 0 0 0 12:PM 01:00 QZ:OO 03:00 (14:00 05:00 06:00 07:00 09:00 04:00 10:01) 11:00 Daily 17 1 2 6 -0'-- 0 0 Touls !nt otal Percentile Sneeds 10 MPH PlAcc Speed Number in pace % In Vace S Deed Exceeded perccnmgc Totals 5.9 11.8 35.3 47.1 0.0 10% 17.5 20-30 14 8LA 45 MP14 0.0 0 Uyj7 508% 20.0 25.0 SS MPH 0.0 0 65 MPH 0.0 0 28.8 0.0 0.0 0.0 0.01 0.0 0.0 0.0 90% 29.4 ean 'Printed: 9/2&2002 �C 4 Q V : 4,j J 4,j /. u �! 0 j ;4�uj ?.Uuu MN/DOT Traffic En-gineenria 320-255-4229 T"le I O'BRIAN Ave. Site: 2 2 0.2 Mi S of 85tb. st. NE Date: 09/23/02 1. it] 0 SS OTEGO Direction: n Toml 1-14 15-19 20-24 25-29 3O -3A 35-39 40-44 45-49 50-54 55-5� 60-64 65-69 Time MPH MPH llvfprq MPH MPH MPH MPH MPH MPH MPH MPH MPR MPH 12:AM 01�00 02:01) 03:00 04:00 05:00 06:00 07:00 08;00 09:00 10:00 11:00 1 0 0 0 a 1 0 0 0 0 0 0 32 12;PM 3 2 0 0 0 1 a 0 0 a a 0 0 0 J6 010) 4 0 1 2 0 1 0 0 a 0 0 a a 0 23 02:00 4 0 2 0 2 0 0 0 a 0 1) Q 0 0 22 03:00 5 2 0 0 3 0 0 0 0 0 0 0 0 19 04:00 5 0 3 2 0 1 0 0 41 0 0 0 0 0 21 05:00 2 0 0 1 1 0 a 0 0 0 a 0 0 0 24 nA.no 5 0 0 1 2 1 0 (D o 0 0 0 0 0 30 07;00 11 a 4 5 2 0 a a a a 0 0 a 21 IJ8;00 3 0 0 0 2 1 0 0 0 0 0 0 0 29 a 0 0 0 0 0 a 0 27 10:00 0 0 0 0 0 0 0 13 0 0 0 0 0 1:00 0 0 0 a 0 0 0 0 0 1 0 0 0 0 0 23 Pr.rceryt 9.9 oCTatal perc,mble sDccd.% 1. 9M 15.5 10 MPH Pace Suced 20-30 Number in Dece 24 */a in Dacc $3.3 Specd Exceedcd 4i MPH puccnEace 0.0 Tr.7talt 0 22.2 24,4 28.9 13.3 D.0 2.2 0.0 0.0 0.0 0.0 0.0 0.0 15% 50% 8 20/3 900/f, 16.5 24.1 30.8 32.5 55 MPH 65 MPH 0.0 0.0 0 0 Prinreff. 5-7?.27'2002 09:20 320203601.1a MINXT ST CLOUD ?YI.N/D()T Trafflc En2ineerina t2203 P.009 Title) O'BRIAN Avc. 0-2 Mi S Of,35th, St. NE S3 OTF-Go Dat,--: 2 --F— ---7atai n eg n .— 1-14 F57�- Direction: 09t24/02 7inne MPH Mpj4 MP14 -5 72 --;�mf —t) --0 —rj MPH mpf.-I MPH MPH MPI -f MpIq 01:00 0 M P14 MPH 62:00 a 0 0 ri a 0 03,00 0 0 0 0 0 0 0 13 a 0 1 0 0 a 0 0 0 0 0 05:00 0 0 0 0 a 0 0 32 07;00 3 3 0 7 0 0 11 0 0 0 0 0 32 0 0 0 0 24 a a 0 0 0 22 0 0 22 22 12:?M 4 1 13 z 0 20 0 JAC 3 0 0 1 0 a 0 0 0 0 14 2 0 0 26 (33:00 5 0 1) 1 a 0 0 25 04; 00 4 0 1 1 0 0 26 05:00 7 a 1 2 2 a 0 0 G 0 06:00 4 0 0 4 4 0 0 23 177:00 1 0 0 1 0 0 0 0 0 0 27 QN:00 a 0 0 a 0 0 22 09:00 0 0 0 0 0 0 a 0 0 0 a 0 22 10:00 0 a 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 a 0 0 a L —7 —22 0 0 1) .... . 0 0 0 0 0 37 0 --6-- 0 1. 0 -25- 20 0 TON 1.9 12.3 38.6 21.1 21.1 5.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 rcentile Sriceds 15!12 5001. 92% 18.6 20.2 24.8 32.9 34.2 MPH Pacc Smell: 20-30 mber in vace 34 ill pucc $9.6 :cd Excecded As MPH 55 65 cenunze 0.0 gli 0 ize I .�UQ;� UV : 'eu �2Q2ujcul, DiNUUT 611, CLOULD MN/DOT Traff .jC Engineering Titlel O'BRIAN Ave, 32c.255-4229 Tide2 0-2 Nfj S Of MI. St. NE Site: :Ie3 SB OTEGO _701al' Direction: Dare: 09/25/o: -cein Time -- 1.14 20-242�-IT--��--34 MPH .— -- -- 'j"' "':a 11-:W 0-54 f --5 5 9 -TY;UT MPI MPH —0 MP14 --6 MP14 MPR M?H MPH MPH _9 Avg 01:00 MP14 MPH 02:00 0 0 0 0 0 0 0 04:00 0 0 32 1) (MOO 3 0 0 0 37 08:00 5 1 a 2 2 0 1 0 0 0 0 0 0 0 22 09:00 2 0 0 1 0 0 0 0 0 0 a 0 25 1 0 0 0 0 0 0 Z I 0 0 0 0 0 27 12:PM 0 0 0 0 0 20 01:00 0 02:00 03:00 qk 05:00 06:00 f)$:QO 09:00 10:00 11:00 lb el 2 T5 0 0 —24 6.7 3.3 40.0. 13.3 13.3 13.3 0.0 0.1) 0.0 0.0 0. ri 0. Percentile Speeds 9L. 154/4 5041a 17.5 20.0 24.2 35.0 37.5 10 VP14 Pace Sneed Nurnber in Pace % in nace Smeld F--irceded 45 MPJJ ss;M?H 65 IMP14 percenrug-C C1.0 0.0 0.0 TOW.5 0 0 a ta Ile --Friti ted p -- age : �Q Q 2 0 9 : 20' 3 2 0 2 0 3. 6 0 8 9 1,12400T ST CLOU: '#�2203 ?.oli JVIN/J)OT Traffic Elizineering Thiel O'BRJAN Ave. 320-255-4229 0.2 Mi S of 85th. st.N'E Sire: Ie3 NS OTSEGO Dare: 2 Direction: 09,'23/02 Tim: MPH 15-19 20-iA 30'3 -f9 40- T_ 454�7_ -3T)--54 —'I.:i 4 Tr'r�l MPH MPH �r9 A,- -12 MPH MPH MP14 MPH MPH MPH MPH 01;00 MPH 02:00 03:00 04:00 05:00 06:00 ()7;00 08:00 09:00 1040 t 1:00 0 0 34 12 -PM 2 0 0 01:00 0 0 0 0 0 24 0 0 0 25 0 0 21 04:00 4 0 1 1 3 0 0 0 0 0 27 0 0 26 0 0 0 n7.00 2 0 0 0 23 a 09:130 2 0 a 24 0 0 25 0 0 26 0 0 0 27 0 0 0 11:00 0 a 0 0 0 Daily 0 0 Towls _TI_ 1-4 __6 0_ 0 25 5.3 7.9 28.9 36.11 15.9 5.3 0.0 0.0 0.0 0.0 0.0 0.0 0% 15 Ua Percentile Saceds ) 5001 26.1 32.5 34.2 65 MPH 0.0 0 18.3 20-5 10 NPH FACC SP=d 20.31) Nu-bcr in Ducc 25 "/0 in pace 0.8 Smed EXCCCded 55 MPT -1 0.0 26.1 32.5 34.2 65 MPH 0.0 0 57.?.2712002 09:21 3202036029 MN/DOT Traffic En.-incerine, 320-255-4229 #2203 P-012 Tidel O'BRJAN Ave. T' 0.2 A4j S of 85th. st.NE Site: I NS OTSECiO Dare: 09/24/02 Direcrion: Time TOtal .1-14 15-19 6-fX 2 75-29 �5-69 7�1046-- 7;2— �0-54 5-59 I Z: AM MPF M P R MPH 0 MPH MPr.-j MP14 MRH ------- MPH' MPH MPH MP14 MPH NI H F 01:00 0 0 u 0 - _0 0 a 0 0 a 0 0 0 0 0 0 37 0 0 0 06.00 0 0 0 0 0 0 0 24 07:00 4 0 2 0 0 0 0 0 2,A 0 a 0 32 10:00 0 0 0 a 0 23 0 a 0 0 0 0 0 27 0 0 0 0 0 30 0 0 0 a a a a 0 27 6 4 0 0 0 0 a 0 29 f)4. 7 0 2 0 11 ([> 0 G 0 0 0 0 24 0 0 0 0 0 a 0 0 0 31 25 136:00 2 0 0 1 —0 0 0 0 0 0 a 26 07;00 3 0 1 0 1 0 0 0 0 21) 08:00 1 0 0 0 1 0 09:00 0 0 0 0 a a 0 0 0 0 a 0 0 0 0 27 1 f):Qn 0 0 0 0 0 0 0 0 0 0 0 0 11.00 .-. a 0 0 0 0 1) 0 WIV 'citair 0 0 2T C1 r Totar 9.3 22.2 29.6 22.2 7.4 1.9 0.0 1.9 0.0 0.0 0A 0.0 crccnr.ile Soceds 1 8 5 Uo 90% 18.0 20.4 27.2 LL. J2 36.3 7 MP14 Pace Sneed 20-30 umba in pace 28 w in trace 51.9 )ccd Exceeded 45'MPH 55 MPH 65 MPH :rrt..n(az-. 1.9 0.0 0.0 nbs 'Print. -d �LNDOT ST CLOUD #2203 P.013 MN/DOT 00 PTitle .1c En- Traff -incering I O'SPJAN Ave. 320-255-4229 0.2 N4i 5 of 35th, st.NE Site: NB OTSECio Date: 2 jTj —4 Direction. 09/25/rj2 Timc MPH ?vfpH () -Z JS-S'9---4d!:FT—' 4 5 6�41-- _70-rg 12 ANT-- r— 114 P H MPH MP14 MPH MPF -f N04 MP14 Avr_- 0 0 MPH MPH 02:00 0 0 0 03;00 0 04:00 0 0 0 0 1 0 1 0 rl 0 0 37 06:00 3 0 1 1 1 0 0 a 0 0 0 0 07:00 1 1 0 n 2 1 0 0 25 08-00 2 0 0 0 0 24 09:00 2 0 0 0 21 0 0 0 24 11:00 0 0 0 0 0 24 I zYm 0 32 01:00 o" :00 03:00 04:00 06:00 07:00 09;00 0:00 J 1:00 --T5 I:iailv —4 4 0 oFTctal 6,7 20.0 13.3 26.7 26.7 6.7 0.0 0.0 0.0 0.0 0.0 0.0 0.0 P=entilc Smeds 1 154/a 50% ui� 16.7 19.3 27.5 33.8 35.0 1 () MPH Pacc -Smeed 25-35 Numbcr in pact a % in DaCC 53.1 Soced Excftdcd 45 MPH 55 MPH 65,WPH ?arcentAm: 0.0 0.0 0.0 rocals 0 0 1 -?2203 ?-014 NIN/I)OT Traffic Engincerinc 320-255-4229 Tj t Ic, I OCHO CT TitLe2 0.1 M! S of 85rh. NE Size: 3 S B OTSErjO Date: 09/723/02 ' Direction: rime TZI 1-14 - -!U— Ij [9 24 MPH - .-- '5--'§ 36:3a — —T -35-33 0-�—J .4 1 12 —AM- W- MPH impli MPH mill -i mpiq MPH MPH MPH 99 Ava MPH 02:00 03:00 04:00 05:00 08:00 09:00 10;00 11-00 12:pm 4 1 0 0 0 01:00 0 0 0 0 0 0 02;00 2 0 0 1 1 0 0 0 03:00 9 1 2 3 1 2 0 0 0 0 0 0 24 04:00 6 0 0 4 1 0 0 0 0 a 0 22 0 0 0 0 0 24 2 0 0 0 0 0 0 0 20 07:00 5 1 2 2 0 0 0 0 a 0 0 11 0 23 0 0 0 a 0 7-3 09;00 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 27 10:00 1 1 0 0 0 0 0 0 0 0 32 11:00 0 0 0 a a 0 hlily 53 6 1 17 14 ----4 ---- T 0 .orals o 0 11.3 20.8 32.1 26.4 9.4 0 .0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 'ercendle Sceeds 10% 1.5% 5001. ITI- 900/. 15.0 15.9 22.9 29.3 30.0 0 MPH Pace Speed: 20-.31) Jumf2cr in pace 31 4 in pace Pced Exceeded 45 MPH $5 NIPH 65 NIP14 'ercentnee 0.0 0.0 0.0 .0rals 0 0 a - Title I Trafric b.n9incering Title? OC140 CT 320-255-4229 Tide3 O'l M'S of 85dl. NE i�-7zyn 53 OTSEGO Size: f--1-9 20-N- D'reCt'on: Dare: NTH T5f9 —4i-4-9 09/2412 --Am T L-p�— MPR 01 Iq -- MP14 MP14 ff p f, Mp, _, "fplq Prp Avg 0 ..— _ H xf Pu 0 04:0o 0 0 Q 05:00 0 0 0 0 0 0 06:1)o 0 0 0 0 07:00 0 0 0 0 a 0 0 0 0 0 0 08:01) 0 2 0 0 0 0 0 09:00 2 0 1 0 0 0 0 10:00 4 0 0 0 0 11:00 2 0 a 0 0 0 0 0 0 0 a 0 0 0 0 23 12:PM 0 0 0 0 0 20 01:00 1 2 0 0 1) 0 0 0 0 0 24 02:M 0 0 0 0 24 4 0 1 1 2 0 0 0 0 0 0 0 03:0r) 2 1 1 0 0 0 0 27 04AO 9 0 0 4 1) a ro 4 0 a 21, 0 2j a 16 14 0 0 0 0 0 25 07oo 3 1 0 0 0 a 0 24 3 0 1 2 0 1) 0 0 0 Won 3 1 0 a 0 Z3 0 0 0 0 (19:0o I I a 0 0 0 20 2 1 0 0 11:00 0 0 0 0 0 25 h. TI -Y 0 0 0 .9 0 0 0 0 0 n 0 0 22 a 24 4 2 — —._ 0 a 0 1) a a -0 0 0 29 7ccnt —0 TOW 5.1 17.7 3S.4 35,4 5.1 1.3 0.12 0,0 D S lote L5 LO4, 0.0 0.0 ILla 90v,) 16.4 17.9 23.9 28.9 29.6 t*fp'4 Pace SrIced -30 71ber in once 54 ft Pace 'd F ceeded 45 M,pjl cnmac Ss MPH 65,NtpH 0.0 7. -:-- - sb�Tc—hcct-- rccn r. 0.0 16.7 25.0 41.7 16.7 0.0 0.0 0.0 0A 0.0 0.0 0.0 0.0 Tor-' rce., Sioceds I 0�111 15% 20.0 20.0 MPJ7f POCe SPced 20-30 Mber in opec 8 ;44,jj 66.7 ,cd Exceedcd NIPH 1.55 NfpH '"Wace 0.0 0.0 0 a Tnaffic EnRineerine Tidel OCHO CT 320-255-4229 Tirle2 0-1 Nli',; Of 85ch. St. NE Site: 3 Titic3 SS OTSEoo Date: 0911.15102 TOE" 19 TO_ -21'T5-29_ Direction: MPH MPH NIPT4 M?H 30-34 MPH 55.59 MPH MPH MP14 IWPT-f MPH M PH MPH 0 02:00 0 0 0 u 0 0 03:00 a 0 0 04 , 00 0 0 0 0 0 0 0 0 0 05:00 0 0 0 0 a 07:00 3 0 0 2 0 0 17 08:00 a a 0 0 1 0 0 0 0 0 0 0 27 09:04) 3 0 0 1 0 0 1) 0 0 0 0 24 1 0 1 0 1 0 0 0 0 11:00 3 0 0 0 0 0 0 0 27 0 0 f;00 0 0 0 0 29 02:00 04:00 05:00 06:00 07;00 10:00 11:00 T-2 2 0 0 rccn r. 0.0 16.7 25.0 41.7 16.7 0.0 0.0 0.0 0A 0.0 0.0 0.0 0.0 Tor-' rce., Sioceds I 0�111 15% 20.0 20.0 MPJ7f POCe SPced 20-30 Mber in opec 8 in Doce 66.7 ,cd Exceedcd NIPH 1.55 NfpH '"Wace 0.0 0.0 0 a 5001" 26.0 32.5 32.5 65 IMPH 0.0 0 atu File Printcd W267r2_019-9 '.' —3 I'LIN ij� . a � �, �C L; Z; MN'/DOT Traffic En,—,inccriTl--' 320-255-4229 #2203 ?-017 rc 6. 1 112 28.6 36.7 mentilc Speeds 1011% 151% 5001. 1-5.7 19.2 .25.6 MPI -I P3cC Speed 20 -30 rmhcr in vacc 32 in vocc 65.3 ced E;rceded 4 SM P ff. UllUee 0.0 wl!.; 0 55 INIPH 65 MP14 0.0 0.0 0 0 6.1 6. 1 4.1 8501. 2Qjj 31.7 36.7 0.0 0.0 0.0 0.0 0.0 0.0 sac.. I OCHO CT. 0- 1 Mi S Of -35th. st. NE Site: NB OTSEGO Date: 09/23/02 Direction: Tor.71 1-14 154� Z�-2T725--29 .23-jy -- 40-44 4 T�9 —.50-54 55-59 6-0-64 me MN MPH MPH mpff M?H MPH MPH WH MPH 99 Ayr 4:Am LYPH MPH MPH MPH 01:00 02:00 03:00 04:00 03:00 06:00 08:00 09:00 10;01) I 1:0o 2:PM 4 0 L 2 0 0 0 . 01:00 4 1 0 0 0 0 0 0 0 0 0 2j 02,00 3 0 1 2 0 0 0 0 0 0 0 Is 03;00 7 1 0 1 3 1 0 0 0 20 0 25 0 0 30 06:00 7 0 0 2 3 1 0 0 0 21 07:00 3 1 5 0 OF:00 0 0 0 1 0 09:00 2 0 0 1 1 0 a 0 0 0 0 0 0 0 37 10:00 0 0 0 0 0 0 0 0 0 0 0 30 11:00 0 0 0 0 0 0 0 a 0 0 0 My 49 3 14 18 3 3 2 —6, 0 0 0 0 tals 0 o rc 6. 1 112 28.6 36.7 mentilc Speeds 1011% 151% 5001. 1-5.7 19.2 .25.6 MPI -I P3cC Speed 20 -30 rmhcr in vacc 32 in vocc 65.3 ced E;rceded 4 SM P ff. UllUee 0.0 wl!.; 0 55 INIPH 65 MP14 0.0 0.0 0 0 6.1 6. 1 4.1 8501. 2Qjj 31.7 36.7 0.0 0.0 0.0 0.0 0.0 0.0 sac.. I ItN:OT ST C7�CUT,� MJN/DOT T,.Fflc Enizinccring #2203 p.oI3 Title f OCHO CT. 320-255-4229 Titic2 0, 1 A S of 95th. sr. NE Site: NS OTSr:r ,o Date: Direcdon: 09/24/02 1-14' 34 Timc 4 4. MPH MP14 MPH MP74 49 9. MpH 9 —io:T —2A. N I _MPH MPH MPH MPH MPH Avp. MPH MPH MPH 0 0 0 0 0 0 0 0 0 0 2 2 0 0 0 0 05;00 3 0 a 0 0 0 0 32 5 0 0 0 0 10 2 4 3 0 5 a 0 0 0 0 0 24 1 1 2 2 a 0 a 0 24 0 4 2 0 0 27 1 1 1 0 26 0 1 3 0 24 0 I:OU 3 0 0 1 1 1 0 0 0 0 0 22 02;00 3 0 0 0 0 a 0 1 0 0 0 0 0 0 26 3 2 0 0 0 0 27 3 1 0 0 22 A140 7 0 2 0 0 0 0 orj:oo 4 0 1 3 2 a 0 24 a 1 0 2 t 0 0 0 0 a 25 0 0 0 1 0 0 0 0 0 29 0 0 0 0 26 .0-2:00 (D a 0 3 7 0 0 22 -Lam--, 1 0 0 0 0 0 WOO 0 0 1) 0 0 0 (D o 0 0 22 —' - 0 '. 0 0 0 78 —0 0 0 0 0 0 37 T4— 0 0 0 0 — — ------- 0 26 0.0 7.7 34.6 35.9 - 17,9 2.6 CID 0.0 CrccnUIc Socedr, loo* 90.1. 20.4 21.1 26.1 32.1 33.6 ) NIPH Pace Svecd 20 . 30 Urnba In 138ce 55 in voce 70.S Pcod Exceedcd 4 5 Nf PH. rcentacc 'rals 55 mil" 6S MPH 0 0.0 0.0 0.0 �UiDOT ST CLOUD MIN/Vul Traffic Enizineering #2203 ?.o-9 Tide I OCHO CT. .520-255-4229 Tirle2 0- 1 Mi S of 85di. -;t. NE Sire: 3 T;PI,3 N13 OTSEGO Date: Direcrion: 09/25/02 77*-Gl--1 - 147-15. i 9 -T- 4 MPH NIP14 MPH MPH MPH 49 A4PI-f mpT.j MPIJ M?14 9 Avg MPH M Pjj Q MPH 0 0 0 02:00 0 0 0 0 03:00 0 0 0 04.00 1 0 0 32 06:00 0 0 0 Z6 07:00 11 0 3 0 0 0 0 0 27 09:00 1 0 0 0 0 0 10:00 2 0 0 0 0 0 0 0 22 2 0 0 11:00 2 0 0 21 0 0 27 12:P.M 0 27 0 0 0 01:00 02.00 03;00 04:00 05:00 06:00 07zOO 08;00 09;00 0;00 11:00 Tcc— 6.5 16,1 9.7 41.9 16.1 9.7 'T 0.0 0.0 0.0 0.0 rcendic SD�ecds W N. 5 0 17.0 18.0 27.3 34.0 35.0 MPH Pace SrIced 25 - 3 5 Imber in Ilacc Is in Liace S8.1 ced aicecdtd 45 j-*jpjJ 55 MPH 65 MPH 0.0 0.0 0.0 0 0 0 0;0 0.11 Fr—inted -T �NZ)OT ST C70UO #2203 P-020 ArTOMAT-IC DAILY RL -PORT - FIELD ACMIn, T -RA MC CLASSU7CATIC), CREw START TDr END TpvfE TOTAL SITEI --------- REMARKS Box I -C TIME S LN & LOC SITE # REMARKS S7-- _n ox 1.0 -7—. ............ , 7�- -- ---- TIME SET ............................................................... lim .......... . ............................ & UP TIME SITE REMARKS .. ................. Box 1.0 TIM' SET LN & LOC PK UP 7,1&fE SITE REMARKS 13OX TIME SET DV UP TIME L.N & LOC SITE# REMARKS . .... . SOX 1.0 11 ....... .............. 11 TI E SET PK UP IME LN & LOC SITE # REMARKS E?o�� .......... I D TIME SET PK UP TIME LN & Loc SITE %EMARKS ox TIME S LN & LOC PK UP TIME SITE # ------- REMARKS 8 x I'D ------- - TIME SET--_ PK UP TWE LN & LOC SITE............ --------- REMARKS Box 1. ............. TIME SET PK UP Timp E LN & oc SITE # BOX 1.0 TIM; CCT TIME SET____� PK UP TWE LN & LOC SITE # ------- =�: REMARKS BOX fz=_ ��_��T I m ��;, z c T TIME SET___� PK Up TIME P TIME .................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... "I'l'"'I'll""I'll'll""I'll""I'll'I ��l ..... LN & LOC SITE ------ REMARKS BOX 1.0 ................ TIME SE'r___. ..... ... . . PK UP TIME LIN & LOC S17E REMA,9KS Box 1.0 TIME SET PK UP TIME --- LN & LOC S17E ------- REMARKS Box J.G- TIME SET PK UP TIME LN & Loo SITE --------- REMAPKS EOX I'D TIME SET-- PK UP TIME L At & Loc SITE w m ------- REMARKS Box 1.0 --- TIME SET PK UP TIME LN LOC 'a . qKs Box 1.0 ---------- TIME SET---. PK UP TIME LN &-LOC S17E # ------ REMA,qKS BOX 1.0 ------ TIMEsc-'r—, PK UP TI & LDC PK U_ _VeE Hakanson Anderson 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Assoc., Inc. Phone: 763/427-5860 Fax: 763/427-0520 MEMORANDUM To: Honorable iNlayor and City Council From: Ronald J. Wagner, PE Z31 Date: 10/9/02 Re: Kadler Avenue Speeding Report ep cc: Mike Robertson, Administrator Judy Hudson, Clerk During the time we used the demo speed monitoring trailer, we set up on Kadler Avenue approximate 1/2 of a mile north of CSAH 39. 1 have compiled the results and found that nearly 25% of the traffic was exceeding the speed limit by over 5 mph. This local street is fairly busy, carrying approximately 250 cars/day in each direction. No correlation between time of day and high speeds could be determined except that nearly all excessive speeding (more than 10 mph over posted speed limit) occurred between 7:00 am and 7:00 pm or daylight hours. GANIunicipaRAOTSEG0\9 I MOO I Ohmcc.doc Civil 6 -Municipal Engineering 2 Land Surveyingfor Ron Wagner IIIIIII From: David Chase [dchase@kustomsignals.com] Sent: Thursday, October 03, 2002 7:53 PM To: Ron Wagner Subject: We have a trailer available. Hello Ron, Our company has brought a new SMART One like mine, except it has blue stripes added for display at the International Association of Chief Is of Police show this week end in Minneapolis. I can sell this trailer at the end of the show. The savings to the city would be no freight charges and it would be delivered next week. And could go right to work. This could knock off all the time the city would wait while theirs would be built. This trailer is new. It was shipped here on a trailer and bubble wrapped. If not sold, it will be trailered back to the factory and go to the next department on the order list. I am working with other members of the company setting up our display for the show. I plan to call You tomorrow to ask if this is an option for the city. David 1 'je.9/2882 12: 19 PT FROM: 888-4SB-?866 TO: RON WAGNER PAGE: 883 Quotation CUSTOM SIGNALS, INC. 1 or I A SUBSICIARY OF PUBLIC SAFETY EQUIPMENT, INC 9325 Pflu--. Lenexa KS 56215-ZZ47 9?3-492-1400 Fax 313-492.1703 sales @kus to ms igna is. com www.kus tam signals.com Date 9J23/2002 To... RON WAGNER QUote* 26-57999173813 OTSEGO COIU-N,-TY Ternis - Net 3 0 This Quote EXpires on 12/22/2002 Phone 763-427-:5"860 Fax 763-427-0520 tem 1 SNL-kRT MODEL I - SOLAR PANEL, 18" DISPLAY, VIOLATOR ALERT, 9,745.00 SubTo al ONE YEAR WALRRANTY S9,745.00 3 - t -�� - 0 OPTIONS: 1&0- -ITO ,4' 1 A—XLE LOCK 0.00 1 SPEED SIGN RACK 85.00 $85.00 6 1 T-kNIPER ALAJ;W 90.00 S90.00 -7'*�' 1 SINLA-RT TRAFFIC STATISTICS PACK -AGE 225.00 522-5.00 ---8— t N 3,000.00 S3,000.00 '4' 1 THRESHOLD SPEED BLA—',-K ';S&VT U---d-ro 10 1 ALU-3,11INU-N11 WHEELS (TJTPGRADE5 9:5.00 S9-4.00 11 1 DI-RECU-n-O—INAL RADAR UNIT, UTGRADE 225.00 ",225.00 12 1 2N"D YEAR WARR-A.NTY 200.00 S200.00 242.00 S242.00 Total O� 'Ls� �0 7 oc Signature Title Sales Representative Kustom Si2nals 9325 Pflumm Rd Lenexa KS 6621-5-1270 Toll Free 800-4KUSTO.M (800-458-7866) 9D CELUXE BUSINESS FORMS 1 -800-3213-OZ304 V CITY OF OTSEGO 8899 NE NASHUA AVE. ELK RIVER, NIN 55330 (612) 441-4414 f-1 11—bf, line spa—g V. v�o� v —, V T V I-P�URCHA S- E ORDER Show this Purchase Order Nu ber 2090 on all . M correspondence, invoices, shipping Papers and packages. DA TE 0 OF DA TE SHIP VIA POER REQUIRED F.O.B. POINT PREPAID COLLECT TAXABLE TAXEXEMPT TERMS DA E DA TE QUIP 0 T I 4PEEDff SHIP VIA F OPOE 02- NO. Q Ty. ORDERED RECEIVED STOCK NO. DESCRIPTION UNIT PRICE TOTAL - 7obc-L- 1. Please send Copies of Your invoic,. 2. Order is to b-e—er-,ile-r-e3 in accordance with prices, delivery and specifications shown above. 3. Notify us 'mm diatelY if you am unable to ship e as specified. A HORIZED BY -4 Pay Estimate No. I city of Otsego ENGNNEER Improvement Project 02-04 CSAH 39 and CSAH 42 Trafflic Signals October 4, 2002 Honorable Ivlayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, NIN 553,30 RE: Improvement Project No. 02-04, CSAH 39 and CSAH 42 Traff-ic Signals Contractor: Design Electrical Contractors Contract Amount: $520,656.80 Award Date: July 22, 2002 Completion Date: December 1, 2CO2 Dear Council Members: The following work has been completed on the above referenced project: Bid Schedule "A" - Streets Unit LS SY SY LF SY LF LF CY CY CY TON SY TON TON GAL EACH EACH EACH SY LF LF LS SF EACH EACH LF Unit Price 1$10.000.00 IS7.14 $39.74 IS3.62 $2.05 $2.36 $21.00 $9.08 S11.03 S9.98 S8.66 $5.88 $39.43 $35.54 $1.05 -F---� $183.75 S1,837.50 S2,257.50 $21.74 S9.08 $9.77 S6,825 ��3 S21.53 $78.75 $78.75 IS89.25 ISO.19 Used To n 0 0 1550 650 3784 620 - 700 410 1897.8 1 0.25 Extension $5,000.00 1----L0.00 $0.00 $5.631 1.0o $1,332.50 L: $87930.24 $0.00 __�5,629 60 $7,721.00 $4,091.80 S16,434,95 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 S0.00 $1,706.25 $0.00 $0.00 $0.00 $0.00 Item Description Contract Quantity 1 Mobilization I 2 1 Remove 3" Concrete Median ------- 465 Remove 6" Concrete Median 20 4 Remove Curb and Gutter 1,550 5 Remove Bituminous Pavement 1,370 n�E it P av 6 Sawin ; Sit Pavement (Full Depth) 3,800 '34S 7 wiinc Con", 7 Sawing Concrete Curb and Gutter and SW 50 8 Common Exc--�;__ /=%/N 620 �Gra n u Jar a 9 Granular Borrow (LV) 700 10 Topsoil Stripping (EV) 820 11 Class 5 A"�'reQate Base (7) 1 2,250 ' ' ' '2" *5 3 ' 12 Mill Bituminous Surface 4 ! 15 134 Type LV"4 Wearinq Course Mixture (C) 660 14 Type LV 3 Non-Wearino 1,150 15 Bituminous Material For Tack Coat 600 16 Adiust Frame & Rinq Casting 1 17 48" Diameter Storm MH/CB 1 18 Connect to Existinq Storm 1 19 Concrete Median (31 860 20 Concrete Curb & Gutter Desiqn 6618 500 21 Concrete Curb & Gutter Design 8624 2,050 22 Traffic Control 1 =J13ign e s 23TS,-Qn Pam I , Type C 205 24 Pavement Message (Right Arrow) - Epoxy 8 I 25 - Pavement Messaqe (Let', Arrow) - EcIo 14 -TEACH 26 Pavement Message "ONLY" - Epoxv 1911 27 4" Solid Line Yellow - Pnoxy 11 , E63 � 0 FILE: SharakMuridpaVaotsagoio(34906.Al5 SHIEET� PAY ESTIMATE I FILE. Sh-eWUniCiDaVaCtSegoi�t349pe.xls 2 SHEET: pAy ESTIMATE 1 Pay Estimate No. 1 ENGitIEER city of Otsego Improvement Project 02-04 CSAH 39 and CSAH 42 Traffic Signals Bid Schedule "A" - Streets (Continued) Used To Contract Qu Unit Unit Price OatL Extension Item Description 8,500 LF SO -18 sa.co 23 J4" Solid Line White - Epoxy LF ISO so.co 29 �s-- Solid Line white - Eocxy eo -36 �S4.18 S000 30 124" Solid Line Yeii 220 31 124" Stop Line �Pihite 360 LF �$2.05 so.co 32 3')( 10, Ppfiestrian C, 0-- 2 10 aH S6.83 $0.00 33 1 Sale Check 1 0 100 LF S3.68 Saco 34 Sijt Fence, T, pe Machine Sliced ACRE ki,o5o.00 $0.00 35 Seedinc - Type Lawn R-clnrnticn 0.5 LBS $3.15 $0.00 !36 Seedin Nlixture - 608 5 250 -2 :1 SO.42 S0.100 37 Commercial Fenilizer, '10-10-10 TON �S3,360-00 $0.00 38 H draulic Sail Stabilizer Type 5 .65 SIGS � $150,341.00 Som 39 Full T Art T Control Sic-" 1 1$2.79 S0.00 40 �2" Non-Metatlic Conduit 650 '70 LF $0.00 41 3" Non-Nietallic Cond uit $0.0 . 230 42 2" Ri id Steel Conduit J SO.00 43 Under round Wre I Cond. No. 2 750 $0.62 S0.00 44 Under ound VV re 1 Cond. No. 4 7,920 LF LF $0.47 S0.00 . 45 Under round Wre 1 Cond. No. 8 10,560 JS3,990-00 1 EACH 46 Service Cabinet - Li Intin /Outlets EACH $790-00 47 Service Cabinet Foundation I EACH S39�7.00 5u.0 48 Li htin Unit T pe 11 Foundation 12 29 EACH $377.00 0.00 49 Li htin Unit Type I Foundation 12 EACH $1,607.00 $0.00 50 Li htin Unit T ne 11 29 EACH $3,079.00 SO.00 51 L! htin UnitTypel- ELCH -27.00 S0.00 52 Pull B x Desi. n Mols 4 EACH $183.75 $0.00 53 Benche 2 EACH $143.3 S0.00 54 Trash ece.otacles $56,457.34 Total Bid Schedule "A" S56,457.34 Bid Schedule "A" - STREETS S56,437.34 WORK COMPLETED To DATE: $2,822 -87 LESS 5% RETAINAGE: S53,634.47 WE RECOMMEND PARTIA L PAYIMENT OF: FILE. Sh-eWUniCiDaVaCtSegoi�t349pe.xls 2 SHEET: pAy ESTIMATE 1 Pay Estimate No. 1 Cit'l of Otsego ENGINEE-iR Improvement Project 02-04 CSAH 33 and CSAH 42 Trafffic Signals APPROVALS: CONTTRACTOR: Design Electrical Contractors Certification by Contractor: I certify that all items and amounts are correct 'for the work completed to date. Signed: Title: Date: ENGNEER: Certification by Engineer: We recommend payment for work and quantities as shown. HAKANSONN A,1141DERSON ASSOCI -S, INC. Signed: Title: Z-7=4- ED) a t OWNER: CITY OF OTSEGO Signed: Title: Date: FILE Sh&r@WU6dWa0t309010049P9.xIS SHEEET. PAY ESTIMATE 1 3 rVINCOT TP -2184-02 (-=M) State of Min - nesota Department of Transporltation of CHANGE ORDER #1 Contractor: Arcon Ccrstruct�on. S.P. No. N/A Address: PO BOX 159, 43425 F-rontage Road F.P. No. N/A Hats &IN Location: Quaday Avenue NE & 91 " Street NE Contract No. N/A In accordance with the terms of this Contract, you are hereby authorized and instructed to per-forrn the Work as alter ...... . ed by the following provisions: Remobilization for two (2) additional hydrants, removal of concrete weirs, added trash guards for FES's, addition of 31 " X 51 " RCPA, upgrade 27" RCP CL 5 from CL3, revised quantity for 4" concrete sidewalk — stamped & colored, addition of 4" concrete sidewalk, addition of colored concrete median (6"), removal of curb for revised Quaday Ave NE at CSAH 39, addition of sodding, authorization of dormant seeding. Added Items ITEM NAME Remobilization (hydrants) Remove C—oncrete Weirs 31 " x 51 " RC Arc ipe Upgrade 27" RCP CL 5 from 27' RCP CL 3 L36" Trashguard 42" Trashguard 45' x 73" Trashguard Delete Stamped Concrete - idewalk (4") 4" Concrete Sidewalk - Stamped & Colored 4" Concrete Sidewalk L�oncrete Median (6") concrete Median (6") - C6�lored Remove Concrete Cu -b Sod Blanket Seed ESTIMATE OF COST Original Contract Amount Change in Contract due to this Change Order Total Contract Amount CHANGE IN CONTRACT TIME Due to this chanqe, the Contract 7me: 2 is Increased by 3 8, /24, Calendar Days fl� C1 is Decreased by '_ Calendar Days C1 is not changed. C1 May be revised if the work affected the controlling operation. G:Wunicipai�AOTSEGOk247\ot347col.doc UNIT I QUANTITY UNIT VR -IC --E7 —AMOUNT LS T 1 1 .. 1 $2,465.83 $2,465.83 T & M T-1 $1,378.14 $1,378.14 - LF 16 $ ) F7. 9-5 -T- $1,567.20 LF 65 $1,053.65 EACH 1 $850.co $850 EACH 1 $950.00 EACH ';1600.00 $1,600.00 SY 1700 Z�ot.u(j S96,900.00 SY 437 $69.05 SY 1 �263 $21.80 SY $28.50 -$6,697. SY 235 $72-05 1 $16,931.75 LF 139 $3.35 1 $465.65 Sy 300 $1320.00 $1,054,085.50 - $17,307.03 $1,036,778.47 Issued by: 4Praj ct E2fngii Ve- D e Approved by: Uty U111cial Date Accented by: 7-o z- Co�-F-acto�s ut crized Repre-sentatlVe Date- October 9, 2002 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: IVISAP 217-103-02, Page Avenue NE Contractor: Hardrives, Inc. Contract Amount: Award Date: Completion Date: Dear Council Members: Pay Estimate No. 4 City of Otsego MSAP 217-103-02 Page Avenue The following work has been completed on the above referenced project: Sid Schedulp "A" - qfr==f� Item 50,escriptio Contra I Description E -on -tract - n Qua n ti� Quantity Unit Unit Price I Mobilization I LS $5,500.00 2 Cljearin and Grubbing - 1 LS $5,400.00 - 3 Pavement Marking Removal (4" Solid) 13,60 LF $0.38 4 Remove Sewer Pipe (Storm - 13" RCP) 90 LF " R CP) go $5.40 0 5 Remove Pipe Drain (8" PVC) 0 40 LF $5.40 0 6 Remove Concrete Curb & Gutter 170 LF $3.45 7 Remove Bituminous Pavement 1665 SY $1.30 8 Remove Catch Basin I EACH $105.00 - 9 Sawing Bit Pavement (Full Depth) 246 LF $2.75 10 Salvage Metal Culverts (15" CrvIP) 48 LF $5.40 11 Salvage Retaining Wall 50 SF $8.00 12 Salva e & Reinstall Sign 2 EACH $130.00 13 mo Common Excavation (P) 5175 CY $3.70 144 C B ommo Common Borrow - LV 1620 CY $8.10 15 15 Cl Class 5 Aggregate Base (6") 7911 TON $7.50 16 Jill B'tu m i Mill Bituminous Surface 25 SY $11.50 7 Type LV 4 Wearing Course Mixture (B) 2685 TON $29.35 18 Type LV 3 Non-Wearinq Course Mixture (6) 2655-F TON $26.90 19 Bituminous Material For Tack Ccat - 995 GAL $1.00 20 Reconstruct Retaining Wall 50 SF $15.00 21 Adjust Gate Valve 6 6-- EACH $160.00 22 Adiust Frame & Ring Casting 3 EACH $180.00 23 Concrete Curb & Gutter Cesiqn 8618 7070 LF S7.65 24 6" Concrete Valley Gutter 86.3 SY $31.35 25 6" Concrete Apron 81 SF $3.75 26 Relocate Mailbox Support 1 EACH -7-1 :[,,�S�70.00 L 271Traffic Control --------------LS . $4,300.00 FILE: SharekMuricicailactsegoiat344PE �1� SHEET: Pay Estimate 4 CONTRACTOR Used To Date 1 1.12 1527 105 40 200 1652 Extension $5,500.00 $6.048.00 __L580.26 $567.00 $216.00 $690.00 $2,147.60 1 $105.00 351 $965.25 122 50 --L6-58.80 $400.00 1 $130.00 6702 $24,797.40 1998 $16,183.80 7052 14.5 _152,890-00 $166.75 662.71 $19,450.54 2572.17 $69,191.37 180 $180.00 50 $750.00 $0.00 $0.00 6894 $52,739.10 86.3 $2,705.51 69 $258.75 2 $140.00 1 1 $4,300.00 Pay Estimate No. 4 City of Otsego CONTRAC-IOR MSAP 217-103-02 Page Avenue Bid Schedule "A" - Streets (Continued) Item Contract __LC o n tra t Description uantity Q Qu an ti� Unit �rUnit Unit7 Price Used To Date 95.25 Extension ('0 $2,0001.25 28 Sign Panels, Tyce C 110.25 1 0 SF 15" RC Pipe Apron i 29 Pavement Messaqe (Left Arrow) - Epoxy 1 EACH EAC E$21.00 $1 () of $16E2.00 1 Ej5q $1 00 $162.00 30 nt Message (Right Arrow) - Epoxy 2 EACH $162.00 1 $162.00 31 Pavement Message (Left-Thru Arrow) - Epoxy 1 EACH 32410 $324.00 1 1 1324 $324.00 32 Pavement Message (Right-Thru Arrow) - �Epcx 1 EACH .324 .00 $324.00 1 '00 $324.00 33 4" Double Solid Line Yellow - Paint 4715 LF $0 06 $0.06 3305.5 3305.5 $198.33 34 12" Solid Line White - Paint 150 LF $0.06 $() 06 21" RC Pipe Sewer Desion 3006 CL III (all depths)l $3.12 $3 2 35 4" Double Solid Line Yellow - Epoxy 4715 LF $0.32 ------- 1598 .1 $511.36 36 36 4" Solid Line Wh Ile _ E po 4" Solid Line White - Epoxy 7300 LF $0.27 1640 $442.80 37 I I 12" Solid Line White - Epoxy 170 LF $4.30 1 $0.00 3 1 8 �j 8" Solid Line Yellow - Epoxy 375 LF $1.08 $324.00 0 105 $113.40 39 24" Stoo Line White - Ecoxv 76 E 76 LF LF EEA $6.45 26 $167.70 40 Bale Check 2 4E 24 EACH CH $6.65 17 $113.05 M 41 4 1 Fence e h S" t Typ Nac Silt Fence, Type Machine &iced 1100 LF $1.95 1137 $2,217 $2,217.15 42 Seedin -Type Lawn Restcration (Hydrosee�ding) 3.1 ACREE $1,075.00 3.37 .15 $3,622.75 43 F Soddin Type Lawn Restoration i 5r, nO SY $4.30 1354 $5,822.20 44 i i. , F; Seeding Mixture - 60B 310 L B S S $3.25 480 $1,560.00 45 Commercial Fertilizer, 20-10-10 1550 L 3 $038 1650 $627.00 46 Hydraulic Soil Stabilizer Type 6 9 3.9 EESS T 0 NN IT To $6,460.40 Total Bid Schedule "A" $28 3,592.64 Bid Schedule "B" - Storm Sewer Item Description Contract Quantity U nit Unit Price Used o Date Extension 1 hi 15" RC Pipe Apron i 1 ACH $430.00 1 $430.00 2 21" RC Pipe Apron 2 EACH $605.00 2 0.00 3 24" RC Pipe Apron 1 - EACH S685.00 1 $685.00 4 15" RC Pipe Sewer Design 3006 CL V (all depths) 310 LF $22.70 314 $7,127.80 5 18" RC Pipe_Sewer Design 3006 CL III (all depths) 760 LF $24.35 734 $17.872.90 6 21" RC Pipe Sewer Desion 3006 CL III (all depths)l 501 LF $27.05 ------ - Z_ 461 $12,470.05 7 24" RIC Pipe Sewer Design 3006 CL III (all dePths) 33 LF $29.20 30 $876.00 8 21" Pipe Plug 1 EACH S95.00 1 $95.00 9 Connect to Existing Storm Sewer 1 EACH $324.00 0 10 Install Salvaqe 15" CMP 48 LF $8.65 __$0.00 1 $8.65 11 Construct D ' rainaqe Structure 2' x 3' 3 EACH $1,155.00 S3,465.00 121Construct Draingage Structure Design 48" 4020 10 EACH $1.535.00 $16,385.00 13 Construct Draingage Structure Desiqn 54" 4020 1 EACH $1,865.00 $1,865.00 14 Random RipRap Class 111 30 CY S7- rotal Bid Schedule "B" 0-5,240.40 __K_ FILE: ShareWuniboaUacts�010t344PE SHEET: P3Y EsUmate 4 Pay Estimate No. 4 CCNTRACTOR City of Otsego MSAP 217-103-02 Page Avenue Summary Of Work Completed To Date: Bid Schedule "A" - STREETS Bid Schedule "B" - STORM SEWER S286,592.64 S65,24070 WORK COMPLETED TO DATE: LESS 10% RETAINAGE: S3 5 1,33 3.04 LESS PAY ESTIMATE NO. 1 S35,183.30 LESS PAY ESTIMATE NO. 2 S 199,571.47 LESS PAY ESTIMATE NO. 3 S91,600.23 WE RECOMMEND PARTIAL PAYMENT OF: S16,239-30 S9,233.63 APPROVALS: CONTRACTOR: Hardrives, Inc. Certification by Contractor: I certify that all items and amounts are correct for the work completed to date. Signed: Title: Date: ENGINEER: Certification by Engineer: We recommend payment for work and quantities as shown. HAKANSON ANDERSON ASSOC INC, Signed: Title: 10� r"A 024 Date: '1419 X-2— OWNECITY OF OTSEGO Signed: Title: Date: FILE: Share�Municipatiactsegoict344PE.�ts SHEET: Pay EStMate 4 3 ITEM 8.1. CITYOF OTSEGO, MINNESOTA ORDINANCE NO. SECTION 1. INTENT Section 1.1 Findings. 2� The City finds that multiple providers may be interested in providing Cable Service in the City. The City is authorized to grant one or more nonexclusive Franchises to provide Cable Service in the City. Section 1.2 Intent. The City's intent in adopting this Cable Ordinance is to further the public interest in the delivery of Cable Service and ensure that all providers of Cable Set -vice are subject to comparable burdens consistent with applicable law. This Cable Ordinance may encourage further development of, and competitive choices for, Cable Service and related communications set -vices in the City. Such a development could contribute significantly to the communication needs and desires of residents of the City, benefit local economic development, and improve public and municipal services. SECTION 2. SHORT TITLE This Ordinance will be known and cited as the "Cable Ordinance." SECTION 3. DEFINITIONS For the purposes of this Cable Ordinance, the following terms, phrases, words, and their derivations must have the meaning given herein. Termcs', phrases and words contained in this Cable Ordinance that are not defined herein or in a Franchise will have their normal and customary meaning. When not inconsistent with the context, words in the singular number include the plural number. The words "must" and "will" are always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. a "Basic Cable Service" means any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by a Franchise. b "Cable Svstem" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Subscribers within a community, but such ter -in doecs' not include (1) a facility that serves only to retransmit the television signals of I or more television broadcast stations; (2) a facility that serves Subscribers without using any Right -of -Way; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions of subchapter 11 of 47 U.S.C. § 52 1, except that such facility shall be considered a Cable System to the extent such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on - demand services; (4) an Open Video System that complies with 47 U.S.C. § 573; or (5) any facilities of any electric utility used solel for operating its electric utility system. y L d "Cable Service" means (1) the one-way transmission to Subscribers of (1) video programming, or _(ii) other programming service; and (2) Subscriber interaction, if any, which Is required for the selection or use"of such video programming or other programming service. e "Channel" means a portion of the el ectromagn eti c. frequency spectrum which is used in a System and which is capable of delivering a television channel (as television channel is defined by the FCC by regulation). f "Citv" means the City of Otsego, Minnesota, a municipal corporation, in the State of Minnesota. zz� 9 "-C-O-m-P-e—tition" means the offering of Cable Service to substantially the same potential customers in the City by two (2) or more providers pursuant to Franchises. h "Droa" means the cable that connects the ground block on the Subscriber's Terminal Device to the nearest feeder cable of the System. i "FCC" means the Federal Communications Commission, or its lawful successor. J "E—ranchise", "Cable Franchise" or "Franchise A2reement" means an agreement between the City and any provider of Cable Service pur—suant to this Cable lz� r -V Ordinance granting an initial authorization, or renewal thereof, to provide Cable Se ice or operate a System in the City. k "E_ee" means a franchise fee, a fee on Gross Revenues in -lieu of a franchise fee or an assessment imposed by the City on a Grantee solely because -of its status as a recipient of a Franchise. The term "Franchise Fee" does not include: (i) any tax, fee or assessment of general applicability; (ii) capital costs which are required by the Franchise related to the provision of public, educational, or governmental access facilities; (iii) requirements or charges incidental to awarding or enforcing the Franchise, including payments for bonds, security funds or letters of credit, insurance, indemni fi cation, penalties or liquidated damages; (iv) any fee imposed under Title 17 of the United States Code. I "Grantee" is any recipient of a Franchise, and its agents and employees, lawful successors, transferees or assignees. rn "Gross B&venues,, means all revenues received by a Grantee or its affiliates from the sale or provision of Cable Service in the City. By way of example and not limitation, Gross Revenues shall include all carriage revenues received by a Grantee or its affiliates from unaffiliated video programming providers, and any advertising revenues received by a Grantee or its affiliates in connection with the provision of Cable Service. Gross Revenues shall not include bad debt, any taxes or fees on services furnished by Grantee imposed by any municipality, state, or other governmental unit and collected by Grantee for such governmental unit, revenues received by the Grantee or its affiliates from the provision of Telecommunications Services in the City, Fees collected by a Grantee or its affiliates from Subscribers, and any other fees collected by a Grantee or its affiliates from Subscribers to support PEG Access Facilities. n "installation" means the connection of the System with the Subscriber Terminal Device. o "Lockout Device" means an optional mechanical or electrical accessory to a Terminal Device which inhibits the viewing of a certain program, certain Channel or Channels provided over a System. p "Normal Business Hours" means those hours during which ZD 1 most businesses in the City are open to serve customers. Normal Business Hours generally means between 8:00 a.m. and 5:00 p.m. but must include some evening hours at least one night per week and/or some weekend hours. 0 q "Normal Operating Conditions" means those service conditions which are within the control of a Grantee. Those conditions which are not within the control of a Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outacres, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of a Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade/constr-uction of a Grantee's facilities. r "Open Video System- means a facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and which is provided"'to multiple subscribers within a community, provided that the FCC has certified such Open Video System complies with 47 C.F.R. Subpart S. s "Pav Television" means the delivery of pay -per -channel or pay -per -program audio-visual signals to Subscribers for a fee or charge, in addition to the charge for Cable Service. t "PEG Access Facilities" means public, educational, and governmental programming channels, or any equipment or facilities for use of such Channels. u "Person" means any natural person, firm, partnership, association, corporation, company, or other legal entity. v "Right-of-Wgy" or "Rights -of -Way" means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the local government unit has an interest, including other dedicated rights-of-way for travel purposes and utility easements of local government units. Right -of -Way does not include the airwaves above a Right -of -Way with regard to wireless or other nonwire telecommunications or broadcast service. w "Ri6t-of-Way Ordinance" means an ordinance adopted by the City creating requirements regarding regulation, -management and use of Rights -of -Way, including registration and permitting requirements. x "Standard Installation" means any residential installation that can be completed using a Drop of 150 feet or less. y "jubscriber" means any Person who lawfully receives Cable Service via a System. z "System" means a Cable System, an Open Video System or any other network of antennas, cables, wires, lines, towers, waveguides, or other conductors, L ninall devices, equipment, or facilities located in whole, or in part, in the City and designed and constructed for the purpose of producing, receiving, transmitting, amplifying, or distributing Cable Service in the City. 1Z 1 aa "Telecommunications Services" shall have the meaning ascribed in 47 U.S.C. § 153(46), as may be explained or interpreted by final action of the FCC. ab "Terminal Device" means an electronic device that converts signals to a form accessible by the Subscriber. SECTION 4. FRANCHISES Section 4.1 Generally a No Person may provide Cable Service in the City, nor operate a System in the City, unless and until such Person is granted a Franchise. All Franchises must be granted pursuant to the provisions of this Cable Ordinance. b Any Franchise granted hereunder will authorize the Grantee to deliver Cable Service and construct, operate and maintain a System in the Rights -of -Way in the City. c All Franchises shall be nonexclusive, and City may grant additional Franchises at any time. To the extent consistent with applicable law, the City will not grant a Franchise for an area included in an existing Franchise on terms and conditions more favorable or less burdensome than those in the existing Franchise pertaining to: (1) the area served; (2) public, educational, or governmental access requirements; or (3) franchise fees, unless the area in which the additional Franchise is being sought is not actually being served by any existing Grantee. The City may impose additional terms and conditions on any additional Franchises. d This Cable Ordinance and Franchises granted pursuant hereto are intended to comply with Minnesota Statutes Chapter 238 and applicable law. Any applicable requirement established by Minn. Stat. § 238.084 not expressly incorporated in this Cable Ordinance or a Franchise shall be deemed incorporated by reference in the Franchise as though fully set forth therein. 0 e The performance of any Grantee is subject to periodic evaluation by the City upon reasonable notice to the Grantee. Section 4.2 Use of Rights -of -Way a Use of the Ri-hts-of-Way to provide Cable Service and operate a System 0 must not be inconsistent with the terms and conditions by which such Rights -of -Way were created or dedicated and is subject to all legal requirements related to the use of such Rights -of -Way. b The City may adopt and enforce a Right -of -Way Ordinance and all Grantees shall be subject to such Right -of -Way Ordinance. To the extent that rights, duties and obligations regarding the use of Rights -of -Way are specifically addressed in a Franchise, such Franchise terms shall prevail over any conflicting provisions of a Right - of -Way Ordinance. The terms of the Cable Ordinance shall be subordinate to any conflicting provisions of a Right -of -Way Ordinance. A Grantee shall not, through adoption or amendment of a Right -of -Way Ordinance be subject to additional burdens or obligations with respect to usage of the Right -of -Way which exceed the burdens on other users of the Right -of -Way under a Right -of -Way Ordinance. c The City may construct, maintain, repair or relocate sewers; grade, pave, maintain, repair, relocate and/or alter any Right -of -Way; construct, repair, maintain or relocate water mains; or construct, mainialn, relocate, or repair any sidewalk or other public work. d All System facilities, lines and equipment in the City must be located so as not to obstruct or interfere with the proper use of Rights -of -Way, alleys and other public ways and places, and cause minimum interference with the rights of property owners who abut any of the said Rights -of -Way, alleys and other public ways and places, and C� not interfere with existing public utility installations. e A Grantee must file with the City maps, plats, or other record of the location and character of all facilities constructed in'the City, including underground facilities. A Grantee must update such maps, plats and permanent records annually if changes have been made in the System. Consistent with applicable state law, Grantee may identify such maps, plats or other records as "confidential trade secret," and City shall comply with all state laws regarding the protection and dissemination of such materials. f If the City alters, or changes the grade or location of any Right -of -Way, alley or other public way, a Grantee shall, at its own expense, upon reasonable notice by City, remove and relocate poles, wires, cables, conduits, manholes and other System fixtures, and in each instance comply with the standards and specifications of City. if City reimburses other occupants of the Right -of -Way, the affected Grantee will be likewise reimbursed. g A Grantee shall not place poles, conduits, or other System fixtures where the same will interfere with any gas, electric, telephone, -water or other utility fixtures and all such poles, conduits, or other fixtures placed in any Right -of -Way shall be so placed as to comply with all lawful requirements of City. h A Grantee will, on request of any Person holding a moving permit issued by the City, temporarily raise or lower its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same, and the Grantee will be given no less than ten (10) business days advance notice to arrange for such temporary changes. A Grantee may require payment in advance. i A Grantee will be liable for the failure to exercise reasonable care during construction, operation or maintenance of a System. Section 4.3 Tree Trimming A Grantee is a.u.thorized to trim a4;y trees ;ipen and in or overhanging tho Rights-of- Wa I - - I I J11;_ elaseme4its of City so to the extent reasonably necessar to prevent the branches of such trees from coming in contact with wires and cables of a System. Tho City ;nay supej:;,i8@ tr@_ t4m , gng activiti— and. or as is otherwise necessary M nrntpet a System. The 011 mav condition the authority to trim trees as it deems appropriate and may supervise tree trimming, ag—tiv—ities. Section 4.4 Franchise Term. Franchises will be granted for a term, established ;in the Franchise Agreement- No r ranchise may be granted for a period exceeding fifteen (15) years from the L date of acceptance by Grantee. Section 4.5 Regulation of Cable Service. a The requirements of this Cable Ordinance define the City's regulatory authority over Systems and Cable Services subject to applicable laws. All Grantees are subject to all lawful exercise of the City's police power, ordinance -making authority, and power of eminent domain. b The terms of a Franchise Agreement define the contractual rights and obligations of the City and the Grantee�thereunder. Section 4.6 Initial Franchise Applications. a Upon request or its own initiative, the City may initiate a cable franchise application process consistent with Minnesota Statutes Section 238.081 and other applicable laws. Any Person desiring an initial Franchise must file an application with the City. Z) b The City will establish an application fee in an amount to offset the costs Of processing applications and awarding a Franchise. Such application fees will not constitute a Franchise Fee. C�- c Upon receipt of an application for a Franchise, City staff will prepare a report and recommendations to the City Council regarding the application(s). d A public hearing concerning applications will be held prior to rejection or acceptance of applications, and award of any Franchises. Section 4.7 Franchise Renewal. Franchise renewals will be conducted in accordance with applicable laws. To the extent consistent with applicable laws, the City will require reimbursement of the City's expenses incurred in processing the renewal. SECTION 5. CONSTRUCTION STANDARDS Section 5.1 Registration, Perrnits and Construction Codes. a Within ninety (90) days of acceptance of a Franchise, the Grantee must apply for the necessary governmental permits, licenses, certificates, and authorizations to construct, repair, replace, relocate, operate, maintain or reconstruct a System. Grantees must strictly adhere to all state and local laws and building and zoning codes currently or hereafter applicable to location, construction, installation, operation or maintenance of the facilities used to provide Cable Service in the City. b The City may inspect any construction or installation work performed pursuant to the provisions of a Franchise. The City may make such tests as it must find reasonably necessary to ensure compliance with the terms of this Cable Ordinance, the Franchise, and applicable provisions of local, state and federal law. Section 5.2 Repair of Rights -of -Way and Property. a Any Rights -of -Way or other property disturbed or d—ann—ed clurinor the . r .1 �5 U U I L 0 construction, repair, replacement, relocation, operation, maintenance or reconstruction of a System shall be fully and promptly restored, subject to weather conditions (i.e., winter conditions' 'frozen ground), by the Grantee performing such work, at its expense, to a condition as good as that prevailing prior to such work. b If a Grantee fails to promptly perform the restoration required herein, the City shall have the right, following 44oet� ten (10) business days written notice to Grantee, to restore Rights -of -Way and other public property to a condition as good as C� that prevailing prior to the Grantee's work. The City shall be fully reimbursed by the Grantee for its actual costs relating to such restoration. Section 5.3 Under-roundincy of Facilities. ID 119 a In all areas of the City where utility facilities are required to be placed underground, or where all other utility lines are underground, all Grantees must construct and Install System facilities underground. b Amplifier boxes and pedestal mounted terminal boxes may be placed above ground, but such facilities shall be of such size, design, and location as not to be unsightly or unsafe, as reasonably approved by the City. c A Grantee must bury new Drops within a reasonable time period, which must not exceed fifteen (15) business days, subject to weather conditions. In the event the ground is frozen, a Grantee will be permitted to delay burial until the ground is suitable for burial which in no event must be later than June 30th. Section 5.4 Erection, Removal and Joint Use of Poles. a In any area of the City where facilities may be located above ground, a Grantee must make use of existing poles and other facilities to the extent technically and economically feasible. b No poles, above -ground conduits, amplifier boxes, similar structures, or other wire-holdin 4 o; structures may be erected or installed by the Grantee on public property without prior approval of the City with regard to location, height, type and other pertinent aspects. c All facilities are subject to applicable zoning and other land use regulations. Section 5.5 Safety Requirements. a A Grantee must at all times employ ordinary and reasonable care in the construction, installation and maintenance of System facilities and must use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. All System facilities must at all times be kept and -maintained in good condition, order, and repair so that the same must not menace or endanger the life or property of the City or any Person. b A Grantee must install and maintain equipment and facilities in accordance with all applicable federal, state and local laws and regulations, and the requirements of the National 'Electric Safety Code and in such manner that they will not interfere with private radio, police and fire communications or any installations of City or of any public utility serving City. SECTION 6. SYSTEM DESIGN AND EXTENSION PROVISIONS Section 6.1 System Capacity and Channels. At a minimum, any Franchise granted hereunder shall describe the Grantee's network in terms of the total System capacity such as the total number of analog and digital video channels which can be provided, and the minimum number of video channels which will be offered. Section 6.2 Cable Service Availability. a Any Franchise granted hereunder may authorize Cable Service throughout the City, or a portion thereof b Each Franchise will identify a required service area. A Grantee will be required to offer Cable Service to all dwellings, homes and businesses within its required service area. Franchises may authorize and require Cable Service throughout the corporate boundaries of the City, as it exists from time to time, or such smaller area as the City reasonably and lawfully deems appropriate and is agreeable to the Grantee. c Any Franchise granted hereunder may establish requirements for the extension of the System and provision of Cable Service beyond the initially required service area. d Cable Service shall not be denied to any group of potential residential cable Subscribers because of the income of the residents of the area in which such group resides. Section 6.3 Non -Standard Installations. Grante es must provide Cable Service to any Person requesting other than a Standard Installation provided the Cable Service can meet FCC technical specifications and all payment obligations are met, except that a Grantee may charge for the incremental increase in material and labor costs incurred above the cost of making a Standard Installation. Section 6.4 Technical Standards. Any System offering Cable Service in the City must comply, at minimum, with the technical standards promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76.601 to 76.617, as may be amended or modified from time to time. Section 6.5 System Testinla. a In the event City finds that there are signal or System performance difficulties which may constitute violations of applicable FCC technical standards, the Grantee will be notified and afforded fifteen (15) business days to investigate and, if necessary, correct problems or complaints. If the performance difficulty is not resolved within fifteen (15) days the City may require the Grantee to demonstrate compliance via testino, or other means selected by the Grantee. C.) b If a performance difficulty continues after the provision of Section 6.5(a), the City may test any System or facilities used to provide Cable Service in the City, The City will seek to arrange its testing so as to minimize hardship or inconvenien�e to Grantee and Subscribers. In the event that testing reveals that the source of the technical difficulty is within the Grantee's reasonable control,the cost of the testine must be bome by the Grantee. If the testing reveals the difficulties to be caused by factors that are beyond Grantee's reasonable control, the cost of the testing must be bome by the City. ZD Section 6.6 FCC Reports. Grantees must, upon written request from City, file all required FCC technical reports with the City. Section 6.7 Nonvoice Return Capability. Grantees are required to provide a System with capacity and technical capability to provide nonvoice return communications. Section 6.8 Lockout Device. Grantees shall provide by sale or lease a Lockout Device to any requesting Subscriber. Section 6.9 Emergency Alert System. Z!) All Grantees must provide an emergency alert system (EAS) that complies with FCC z:1 requirements. Grantees must further ensure that City can insert, or direct the insertion of, brief audio and video emergency messages simultaneously on all channels. The City shall indemnify Grantee for City s use of a:System for emergency messages unless such use is consistent with the FCC's EAS requirements. SECTION 7. CONSUMER PROTECTION AND CUSTOMER SERVICE STANDARDS Section 7.1 Enforcement of Customer Service Standards. This 3ection 7 shall be fully apnl t during periods when C mpetition exists in_ itv. The City will stay and not enforce this Section 7 during pe,40d&AWwa in area where Competition exists in the City, except that the City may initiate enforcement of this Section while Competition exists in the event the City receives, in any thirty (30) day period, at least five (5) written complaints with respect to each competitor concerning similar customer service issues. In such case, the City Council may initiate enforcement of this Section by adopting a Resolution indicating the basis for initiating enforcement. Section 7.2 Regulation of Cable Service Rates. t-mv a The City may regulate rates for the provision of Cable Service to the extent allowed under federal or state law(s). b Grantees must file a list of current Subscriber rates and charges with the City, which lists will be maintained on file with City and will be available for public inspection. Grantees must give the City and Subscribers written notice of any change in a Cable Service rate or charge no less than thirty (30) days prior to the effective date of the change. Section 7.3 Sales Procedures. A I" A Urantee may not exercise deceptive sales procedures when marketing any of its Cable Services within City. Grantees may conduct marketing consistent with local ordinances and other applicable laws and regulations. Section 7.4 Telephone Inquiries and Complaints. a A Grantee must maintain local, toll-free or collect call telephone access lines which will be available to its Subscribers 24 hours a day, seven days a week. b During Normal Business Hours, trained representatives of Grantee must be available to respond to Subscriber inquiries. Grantees must ensure that: (1) an adequate number of trained company representatives will be available to respond to customer telephone inquiries during Normal Business Hours, and; (2) after Normal Business Hours, the access line will be answered by a trained company representative or a service or an automated response system such as an answering machine. z:1 c Inquiries received after Normal Business Hours must be responded to by a trained company representative on the next business day. Section 7.5 Telephone Answer Time and Busy Signals. a Under Normal Operating, Conditions, telephone answer time by a customer representative, including wait time, ID must not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time must not exceed thirty (30) seconds. b These standards must be met no less than ninety (90) percent of the time under Normal Operating Conditions, measured on a quarterly basis. Under Normal 4� Operating Conditions, the customer must receive a busy signal less than three (3) percent of the time. Section 7.6 Installation, Outage and Service Calls. Under Normal Operating Conditions each of the following standards will be met no less than ninety five (95) percent of the time measured on a quarterly basis: a Excluding conditions beyond the reasonable control of a Grantee which prevent performance, Grantees will begin working on service interruptions promptly, and in no event later than twenty-four (24) hours after the interruptio'n becomes known, and Grantees must be -in actions to correct other service problems the next business day after notification of th-'e service problem and resolve such problems as soon as is reasonably possible; b The "appointment window" alternatives for Installations, service calls, and other Installation activities will be either a specific time or, at maximum, a four-hour time block during Normal Business Hours. Grantees may schedule service calls and other installation activities outside of Normal Business Hours for the convenience of the customer; c A Grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment; d If a representative of a Grantee is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time during Normal Business Hours which is convenient for the customer. C 17 " �Jectlort 1. / Complaint and Other Service Records. a Upon written request by the City, and subject to a Grantee's obligation to C� maintain the privacy of certain information, Grantees must prepare and maintain written records of all complaints received and the resolution of such complaints, including the date of such resolution. "D b Written complaint records must be on file at the office of a Grantee. Upon written request by the City, Grantees must provide the City with a written summary of such complaints and their resolution on a quarterly basis and in a form mutually agreeable to the City and Grantee. c Upon written request by the City, Grantees must provide detailed compliance reports on a quarterly basis with respect to the objectively measurable service standards required in this Section. A Grantee will not be required to acquire equipment or perform surveys to measure compliance with the tele hone answering standards contained in this p 4:� Section unless a historical record of complaints indicates a failure to comply. Section 7.8 Subscriber Contracts. Grantees must provide to the City upon request any standard form Subscriber contract utilized. If no such written contract exists, Grantee must provide a document completely and concisely stating the length and terms of the Subscriber contract offered to customers. Z; Section 7.9 Video Programming. All Franchises will identify the initial video channels to be provided by a Grantee. To the extent required by 47 U.S.C. § 544(b), prior City approval is required for any change in the broad categories of video programming provided. Individual programming decisions may be made in the discretion of a Grantee. Section 7.10 Billing and Subscriber Communications. a A Grantee must give the City and Subscribers thirty (30) days advance written notice of any changes in rates, programming services, or channel alignments. b Bills must be clear, concise, and understandable. Bills must clearly delineate all activity during the billing period, including optional char es, rebates, and cr its. In C) 9 ed case of a billing dispute, the Grantee must respond to a written complaint from a Subscriber within 30 days. Section 7.11 Refunds and Credits. a If a Grantee's Cable Service is interrupted or discontinued for 24 or more consecutive hours, its Subscribers must be credited pro rata for such interruption. Credits must be issued no later than the Subscriber's next billing cycle following the determination that a credit is warranted. b In the event a Subscriber establishes or terminates Cable Service and receives less than a fall month's Cable Service, the Grantee must prorate the monthly rate on the basis of the number of days in the period for which Cable Service was rend-ered to the number of days in the billing. Refund checks will be issued promptly, but no later than the return of the equipment supplied by the Grantee if Cable Service is terminated. Section 7.12 Local Office/Drop Box. Grantees must maintain a local office or a local drop box for receiving Subscriber payments. Section 7.13 Additional Customer Service Requirements. The City, may adopt additional or modified customer service requirements to address subscriber concerns or complaints. Such requirements must be consistent with applicable laws. SECTION 8. COMMUNITY SERVICES Section 8.1 PEG Access Facilities. Franchises will establish obligations to provide PEG Access Facilities to meet the community's needs and interests. Section 8.2 Service to Public or Educational Institutions. Franchises will establish obligations for the provision of free or reduced cost services to identified public or educational institutions. SECTION 9. ADMINISTkXTION PROVISIONS Section 9.1 Administration of Franchise. a The City Administrator will have continuing regulatory supervision over Systems, Cable Services, and Franchise compliance; provided, however, the City Council shall have the sole authority to hold hearings and take final enforcement action as provided in Section 14. 1 c -d or revoke a Franchise as provided in Section 14.2. b The City Administrator may delegate this regulatory supervision by giving written notice of such delegation to affected Grantees. Grantees must cooperate with any such delegatee of the City Administrator. Section 9.2 Fee. a A Grantee must pay to the City a Fee in the amount established in the Franchise Agreement. b Fee payments are payable quarterly. Fee payments must be made within sixty (60) days of the end of each calendar quarter. c Each Fee payment must be accompanied by a report certified by an officer of the Grantee, in form reasonably acceptable to City, detailing the computation of the payment. All amounts paid must be subject to audit and recomputation by the City and acceptance of any payment must not be construed as an accord that the amount paid is in fact the correct amount. d A Grantee may designate that portion of a Subscriber's bill attributable to the Fee as a separate line item on the bill. Section 9.3 Access to Records. a The City may, upon reasonable notice and during Normal Business Hours, and subject to the privacy provisions of 47 U.S.C. § 521 et seq., inspect any records maintained by a Grantee which relate to its Franchise or System operations, including specifically Grantee's records relating to Gross Revenues. Grantees must make copies 4= of documents upon City's reasonable request but may identify and label any such documents as "confidential trade secret" in accordance with Section 4.2 above. i b Grantees must prepare and furnish to the City such reports with respect to the operations, affairs, transactions or property, as they relate to this Franchise or Cable Services as City may reasonably request. SECTION 10.1NDET'VINIFICATION AND INSURANCE Section 10.1 Indernnification of the City. a A Grantee must indemnify, defend and hold harmless the City, its officers, boards, committees, commissions, elected officials, em loyees and agents (an P =1 "Indemnified Party") from and against any loss or damage to any real or personal Z, property of any Person, or for any injury to or death of any Person, arising out of or in 0 connection with the construction, operation, maintenance, repair or removal of, or other action or event with respect to a System or other facilities used by a Grantee to deliver Cable Service. b A Grantee must indemnify, defend, and hold harmless an Indemnified Party from and against all lawsuits, claims, actions, liability, damages, costs, expenses or penalties incurred as a result of the award or enforcement of a Franchise. c A Grantee shall not be required to provide indemnification or defense for any intentional misconduct, willful neglect or negligence by an Indemnified Party, for any enforcement action taken by an Indemnified Party against a Grantee, or for any claim based solely on the City's operation of PEG AccessFacilities, delivery of PEG Access progranuning, or EAS messages originated by the City. d With respect to each claim for indemnification: 1 the Indemnified Party must promptly notify the Grantee in writing of any suit, claim or proceeding which gives rise to such right; 2 the Grantee must afford the Indemnified Party an opportunity to participate in any compromise, settlement or other resolution or disposition of any suit, claim or proceeding; and 3 the Indemnified Party must cooperate with reasonable requests of the Grantee, at Grantee's expense, in its participation in a suit, claim or proceeding. e Subject to the limitations in Minnesota Statutes Chapter 466, the City shall indemnify, defend and hold a Grantee harmless for any damage resulting from any intentional misconduct, willful neglect or negligence by an Indemnified Party in utilizing any PEG Access Facilities or PEG Channels, or in connection with work performed on or adjacent to the System. Section 10.2 Insurance. a A Grantee must obtain and maintain in full force and effect, at its sole expense, a comprehensive general liability insurance policy, in protection of the Grantee, and the City, its officers, elected officials, boards, commissions, agents and employees for damages which may arise as a result of operation of the System or delivery of Cable Se'rvice. b The policies of insurance must be in the sum of not less than One Million Dollars (S 1,000,000.00) for personal injury or death of any one Person, and Two Million Dollars (52,000,000.00) for personal injury or death of two or more Persons in any one occurrence, Five Hundred Thousand Dollars ($500,000.00) for property damage to any one person and Two Million Dollars ($2,000,000.00) for property damage resulting from any one act or occurrence. c The insurance policy must be maintained by Grantee in fall force and effect during the entire term of the Franchise. Each certificate of insurance must contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether for nonpayment of premium, or otherwise, and whether at the request of Grantee or for other reasons, except after thirty (30) days advance written notice have been provided to the City. SECTION I LFRANCHISE TRANSFER OR ABANDONMENT Section 11.1 Abandonment of Service. A Grantee may not discontinue the provision of Cable Service without having first given three (3) months written notice to the City. Section 11.2 System Removal After Abandonment, Termination or Forfeiture. a In the event of termination or forfeiture of the Franchise or abandonment of the System, the City may require the Grantee to remove all or any portion of its System from all Rights -of -Way and public property within the City; provided, however, that the Grantee will not be required to remove its System to the elxtent it is authorized to provide Telecommunications Services or non -Cable Services over the System. b If the Grantee has failed to commence removal of its System, or such part thereof as was designated by the City, within one hundred twenty (120) days after written demand for removal is given, or if the Grantee has failed to complete such removal within twelve (12) months after written demand for removal is given, the City may apply funds secured by the Franchise toward removal and/or declare all right, title, and interest in the System to be in the City with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it pursuant to the provisions of 47 U.S.C. § 547. Sectionl1.3 Sale or Transfer of Franchise. a No sale or transfer of ownership of a Grantee or "fundamental corporate change" in a Grantee as defined in Minn. Stat. 238.083, nor sale of transfer of a Franchise, is permitted without City approval. Any sale or transfer of stock in a Grantee creating a new controlling interest constitutes a sale or transfer of ownership. A 64controlling interest" includes majority stock ownership or a lesser amount sufficient to confer actual working control in whatever manner exercised. City approval is not be required where a Grantee grants a security interest in its Franchise or System to secure an indebtedness b A Grantee must file a written request with the City prior to any transaction described above. The City will approve or deny a transfer request within one hundred and twenty (120) days of receipt of a written request. The City will not unreasonably withhold, delay or condition its approval. c In no event will a transaction be approved under Section 11.3(a) unless the transferee becomes a signatory to, and assumes all rights and obligations under, the Franchise. 0 nz� d In the event of any proposed transaction described above, the City will have the right to purchase the System. In the event a Grantee has received a bona fide offer for purchase of its System, the City shall have the right to purchase for the price which the proposed assignee or transferee a -reed to pay. The City will be deemed to have waived its right to purchase the Syster in the following circumstances: I The City does not notify the Grantee in writing, within 90 days of notice, that it accepts all material terms and conditions of the purchase of the System; or 2 The City approves the transaction. SECTION 12 -PROTECTION OF INDIVIDUAL RIGHTS Section 12.1 Discriminatory Practices Prohibited. No Grantee may deny Cable Service or otherwise discriminate against citizens or businesses on the basis of race, color, religion, national origin, sex, age, status as to public assistance, affectional preference, or disability. Section 12.2 Subscriber Privacy a Grantees must comply with the subscriber privacy -related requirements of 47 U.S.C. § 551. b No signals of a Class IV Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written authorization of the Subscniber. c No lists of the names and addresses of Subscribers or any lists that identify the viewing habits of Subscribers may be sold or otherwise made available to any party other than to Grantee and its employees for internal business use, and also to the Subscriber subject of that information, without the express written authorization of the Subscriber. d Written Subscriber authorization is limited to a period not to exceed one (1) year. Subscriber authorization may be renewed at the option of the Subscriber. No penalty may be invoked for a Subscriber's failure to provide or renew such authorization. The authorization must be revocable at any time by the Subscriber without penalty of any kind whatsoever. e Written authorization from. a Subscriber is not be required for conducting System -wide or individually addressed electronic sweeps to verify System integrity or monitor for billing purposes. This information must be kept confidential subject to 'the provision set forth in Subparagraph (b) of this Section. 0 SECTION 13.UNAUTHORIZED CONNECTIONS AND MODIFICATIONS Section 13.1 Unauthorized Connections or Modifications Prohibited. a It is unlawful for any Person, without the express consent of the Grantee, to make or possess, or assist anybody in making or possessing, any connection, extension, C, 1-� or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of a Grantee's Syste 1.7 m or receive Cable Service from a Grantee's System without a Grantee's authorization. b It is unlawful for any Person to willfully interfere, tamper, remove, obstruct, or damage, or assist thereof, any part or segment of a System for any purpose Z:1 whatsoever. c Any Person found guilty of violating this section may be fined not less than r= One Hundred Dollars (S 100-00) and the costs of the action nor more than Five Hundred Dollars ($500.00) and the costs of the action for each and every subsequent offense. SECTION 14.ENFORCEMENT OF THE CABLE ORDINANCE OR FRANCHISE Section 14.1 Violations or Other Occurrences Giving Rise to Enforcement Action. r-3 a In order to take enforcement action pursuant to this Cable Ordinance or a Franchise, the City must provide the Grantee with written notice of the violation or other occurrence giving rise to the City's action. b The Grantee shall have thirty (30) days subsequent to receipt of the notice to cure the violation or occurrence giving rise to the City's action. Alternatively, the Grantee may, within fourteen (14) days of receipt of notice from the City, notify City in writing that there is a dispute as to whether a violation or failure has in fact occurred. Such written notice by the Grantee to the City shall specify with particularity the matters disputed by Grantee. c In the event a Grantee does not timely cure to the City's reasonable satisfaction the violation or other occurrence giving rise to the City's action, or timely disputes whether a violation has occurred, the City will schedule a public hearing affording Grantee due process. The City will endeavor to schedule the hearing for a date within ninety (90) days of the initial violation notice. Notice of the hearin"g must be provided to the Grantee. d At the completion of the hearing, the City will issue written findings of fact and its final determination. A Grantee may not initiate legal proceedings until the City's final determination is issued. e In the event City determines that no violation has taken place, the City will rescind the notice of violation in writing. Section 14.2 Franchise Revocation. a Triadd-iont all other rights anci remedies that the City possesses pursuant to X LLI LO applicable law, equity and the terms of the Franchise Agreement, the City may revoke or terminate the Franchise, and all rights and privileges pertaining thereto, in accordance with the procedures set forth in Section 14.1, if the City determines that: I The Grantee has violated any material requirement or provision of the Cable Ordinance or a Franchise and has failed to timely cure; or 2 The Grantee has attempted to evade any of the material provisions of the Cable Ordinance or a Franchise; or -1 _3 The Grantee has practiced fraud or deceit upon the City; or 4 The Grantee has filed for bankruptcy. a During any revocation proceeding, including any appeal period, the Z7 lt� Franchise will remain in full force and effect unless the term thereof sooner expires. Section 14.3 Compliance with Federal, State and Local Laws. The City and Grantee will conform to state laws and rules regarding Cable Service or the System not later than one year after they become effective, unless other -wise stated, and conform to federal laws and regulations regarding Cable Service or the System as they become effective. This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between - original document : K:\DMS\RJV\4M$602!.DOC and revised document: K:\DNIS\RJV\4M$603!.DOC CompareRite found 10 change(s) in the text Deletions appear as Overstrike text Additions appear as Bold+Dbl Underline text ITEM 8.3. 1. Dogs of the following breeds, or crosses must be insured in the amount of $1,000,00 for cases of dog bite. Pitt bulls, Rottweillers, and Akitas 2. The aforementioned dogs must be contained in a chain link kennel with a solid concrete floor of 4 -inch construction. Said chain link fence will be 6 foot high with a 2 -foot sloping extension inward of 3 equally spaced barbwires. Kennel doors must be padlocked at all times. I Kennels will be inspected annually by the building inspector or an approved officer of the city at a charge of $250. 4. Any dog of other breeds that bites a human or other animals must subsequently be treated in the same manner as dogs under heading 1. Michael C Couri- Andrew J. MacArthur Robert T. Ruppe-- David R. Wendorf *Also licaued in R&wds —Also licemed in Galorma October 10, 2002 City Council Members City of Otsego c/o Judy Hudson, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 RE: City Dog Ordinance Dear Council Members: COURI & MACARTHUR Attorneys at Law 705 Central A venue East PO Box 369 St. Michael, MiV55376-0369 (763) 497-1930 (763) 497-2599 (FAX) couriandmacarihur@pobox. com Please find enclosed a copy of the current Otsego Dog Ordinance, which was actually adopted at the time that Otsego was still a Township. Also enclosed please find a copy of the current State statutes relative to Dangerous and Potentially Dangerous Dogs, which were recently changed. ' I have also discussed this matter with the Wright County Attorney's office. I was informed by that office that the County still deals with Dangerous Dogs and to a smaller extent with Potentially Dangerous Dogs. However, Wright County has no specific ordinance related to dogs and relies on either local ordinances or State statute. One of the changes that was recently made in the statute was that it deleted the specific reference to "County" in the section concerning registration and instead replaced it with the term "animal control authority". The current City ordinance is out of date and needs to be updated. In updating that ordinance the Council needs to determine for what purposes they want to be the animal control authority and how much authority they want to assume. The City may adopt any reasonable restrictions upon dogs within the City, but is specifically prohibited from regulating dangerous or potentially dangerous dog solely on the basis of a specific breed. I have also enclosed for your review a more recent dog ordinance adopted in Livonia Township, which could serve as a model for an updated ordinance. Letter to Otsego City Council October 10, 2002 Page 2 Notwithstanding, the contents of any City Ordinance, or even the existence of an ordinance, dogs are still regulated under the State statute. The only question that then arises is which local unit of government is the animal control authority for purposes of the statute. I will be available to further discuss this matter at Monday night's regularly scheduled City Council meeting. Very tru Purs, Ari��rew I M,�Ztru, COURI & MACARTHUR Encls. CHAPTER 347. DOGS AND CATS REGULATION OF DANGEROUS DOGS Copr. 0 West Group 2002. All rights reserved. Current through End of 2001 1 st Sp. Sess, 347.50. Definitions Page 2 of 4 Subdivision 1. Terms. For the purpose of sections 347.50 to 347.56, the terms defined in this section have the meanings given them. Subd. 2. Dangerous dog. "Dangerous dog" means any dog that has: (1) without provocation, inflicted substantial bodily harm on a human being on public or private property; (2) killed a domestic animal without provocation while off the owner's property; or (3) been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Subd. 3. Potentially dangerous dog. "Potentially dangerous dog" means any dog that: (1) when unprovoked, inflicts bites on a human or domestic animal on public or private property; (2) when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or (3) has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. ../delivery. html?dataid=AO05 5 800000005 23 0003 178427B 8 5B4 I DAF23 C 18 CA&dest=atp&for 10/10/02 Page 3 of 4 Subd. 4. Proper enclosure. "Proper enclosure" means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog 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 obstacles that prevent the dog from exiting. Subd. 5. Owner. "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog. Subd. 6. Substantial bodily harm. "Substantial bodily harm" has the meaning given it under section 609.02, subdivision 7a. Subd. 6a. Great bodily harm. "Great bodily harm" has the meaning given it under section 609.02, subdivision 8. Subd. 7. Animal control authority. "Animal control authority" means an agency of the state, county, municipality, or other governmental subdivision of the state which is responsible for animal control operations in its jurisdiction. CREDIT(S) 1990 Main Volume Laws 1988, c. 711, § I - Amended by Laws 1989, c. 3 7, §§ 3 to 5, eff April 18, 1989. 2002 Electronic Update Amended by Laws 1994, C. 550, § 1; Laws 200 1, 1 st Sp., c. 8, art. 8, §§ 14, 15. <General Materials (GM) - References, Annotations, or Tables> HISTORICAL AND STATUTORY NOTES 2002 Electronic Update .Ideliver-y.html?dataid=AO055800000005230003178427B85B41DAF23Cl8CA&dest=atp&for 10/10/02 Page 4 of 4 1994 Legislation The 1994 amendment, in subd. 3, extended cl. (2) to persons on bicycles and persons on private property, but excluded dogs that chase or approach people on the dog owner's property. 2001 Legislation Laws 2001, Ist Sp., c. 8, art. 8, § 3 1, provides in part that §§ 14 and 15 (amending subd. I and adding subd. 6a, respectively) are effective August 1, 2001, and the provisions relating to crimes apply to crimes committed on or after that date. 1990 Main Volume The 1989 amendment in the definition of "proper enclosure" added the provisions regarding what a proper enclosure does not include; in the definition of "owner" included those having "care" of a dog; and added the definition of "animal control authority". LAW REVIEW AND JOURNAL COMMENTARIES Tips for new lawyers: Critters and the law. Richard A. Williams, Jr., 24 Minn.Trial Law. 29 (Summer 1999). M. S. A. § 347.50 MN ST § 347.50 END OF DOCUMENT Aelivery. html?datald=AO05 5 80000000523 0003 178427B 8 5134 1 DAF23 C 18 CA&dest=atp&for 10/10/02 Page 2 of 6 CHAPTER 347. DOGS AND CATS REGULATION OF DANGEROUS DOGS Copr. 0 West Group 2002. All rights reserved. Current through End of 2001 1 st Sp. Sess. 347.51. Dangerous dogs, registration Subdivision 1. Requirement. No person may own a dangerous dog in this state unless the dog is registered as provided in this section. Subd. 2. Registration. An animal control authority shall issue a certificate of registration to the owner of a dangerous dog if the owner presents sufficient evidence that: (1) a proper enclosure exists for the dangerous dog and a posting on the premises with a clearly visible 0 warning sign, including a warning symbol to inform children, that there is a dangerous dog on the property; (2) a surety bond issued by a surety company authorized to conduct business in this state in a form acceptable to the animal control authority in the sum of at least $50,000, payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in this state in the amount of at least $50,000, insuring the owner for any personal injuries inflicted by the dangerous dog; (3) the owner has paid an annual fee of not more than $500, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section; and (4) the owner has had microchip identification Implanted in the dangerous dog as required under section 347.515. Subd. 2a. Warning symbol. If a county issues a certificate of registration to the owner of a dangerous dog pursuant to subdivision 2, the county must provide, for posting on the owner's property, a copy of a warning symbol to inform children that there is a dan erous do- on th prope y. 0c, 0 e rt The design of the warning symbol must be uniform and specified by the commissioner of public safety, after consultation with animal control professionals. The commissioner shall provide the number of ./delivery. html?datald=AO05 5800000009150003 178427B 85B4264FE08AC07&dest=atp&for 10/10/02 Page 3 of 6 copies of the warning symbol requested by each county and shall charge the county the actual cost of the warning symbols received. The county may charge the registrant a reasonable fee to cover its administrative costs and the cost of the warning symbol. Subd- 3. Fee. The county may charge the owner an annual fee, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section. Subd. 3a. Dangerous dog designation review. Beginning six months after a dog is declared a dangerous dog, an owner may request annually that the animal control authority review the designation. The owner must provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the animal control authority finds sufficient evidence that the dog's behavior has changed, the authority may rescind the dangerous dog designation. Subd. 4. Law enforcement; exemption. The provisions of this section do not apply to dangerous dogs used by law enforcement officials for police work. Subd. 5. Exemption. Dogs may not be declared dangerous if the threat, injury, or damage was sustained by a person: (1) who was comm-itting, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog; (2) who was provoking, tormenting, abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or (3) who was committing or attempting to commit a crime. Subd. 6. Repealed by Laws 2001, Ist Sp., c. 8, art. 8, § 30, eff. Aug. 1, 2001 Subd. 7. Tag. A dangerous dog registered under this section must have a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol, affixed to the dog's collar at all times. The commissioner of public safety, after consultation with animal control professionals, shall provide by rule for the design of the tag. Subd. 8. Local ordinances. A statutory or home rule charter city, or a county, may not adopt an ordinance regulating dangerous or potentially dangerous doas based solelxl on the specific breed of 'he 0 J L dog. Ordinances inconsistent with this subdivision are void. /delivery. html?dataid=AO05 5800000009150003 178427B 8 5B4264FE08AC07&dest=atp&for 10/10/02 Page 4 of 6 Subd. 9. Contracted services. A county may contract with another political subdivision or other person to provide the services required under sections 347.50 to 347.54. Notwithstanding any contract entered into under this subdivision, all fees collected under sections 347.50 to 347.S4 shall be paid to the county and all certificates of registration must be issued in the name of the county. CREDIT(S) 1990 Main Volume Laws 1988, c. 711, § 2. Amended by Laws 1989, c. 37, §§ 6 to 10, eff April 18, 1989. 2002 Electronic Update Amended by Laws 1991, c. 195, § 1; Laws 1994, c. 550, § 2; Laws 1997, c. 187, art. 3, § 32, eff. June 3 0, 1997; Laws 200 1, 1 st Sp., c. 8, art. 8, § § 16 to 18. <General Materials (GM) - References, Annotations, or Tables> HISTORICAL AND STATUTORY NOTES 2002 Electronic Update 1991 Legislation The 1991 legislation added subd, 2a, providing for the designation of a warning symbol to inform children of the presence of a dangerous dog, Laws 1991, c. 195, § 2, provides that the symbol design provisions of § 1, enacting subd. 2a, are effective May 28, 1991. On and after August 1, 1991, a copy of the dangerous dog symbol must be distributed to each owner of a dangerous dog who has registered or registers a dog pursuant to § 3 47.5 1, subd. 2, before, on, or after that date. 1994 Leizislation ./delivery. html?dataid=AO05 5 800000009150003 178427B85B4264FE08AC07&dest=atp&for 10/10/02 Page 5 of 6 The 1994 amendment, in subd. 7, inserted the provision which required identification tags on registered dangerous dogs to contain the uniform dangerous dog symbol, and added the sentence requiring the commissioner of public safety to provide by rule for the design of the tag. 1997 Legislation Laws 1997, c. 187, art. 3, § 33, provides that the exemptions in this article (in part amending this section) are eliminated because the entity is not subject to c. 14, or the agency action is not a rule, and that the agency or other entity need not comply with c. 14, in order to take actions affected by the amendments and repeals in this article. 2001 Legislation Laws 2001, Ist Sp., c. 8, art. 8, § 30, repealed subd. 6, which related to counties without licensing systems. Laws 2001, Ist Sp., c. 8, art. 8, § 31, provides in part that §§ 16 to 18 (amending subd. 2, adding subd. 3a, and amending subd. 9, respectively) and § 30 (repealing subd. 6) are effective August 1, 200 1, and the provisions relating to crimes apply to crimes committed on or after thatdate. 1990 Main Volume The 1989 amendment in subd. 5 substituted "or who can be shown to have repeatedly, in the past, provoked" for "or has, in the past, been observed or reported to have provoked"; in subd. 6 inserted "or other person designated by the county board"; and added subd. 7 requiring tags for dangerous dogs, subd. 8 prohibiting local ordinances based solely upon specific breeds, and subd. 9 permitting counties to contract for services under §§ 347.50 to 347.54. CROSS REFERENCES Provocation by victim causing bodily harm, affirmative defense to liability, see § 609.226. ADMINISTRATIVE CODE REFERENCES Uniform dangerous dog tag., see Minn. Rules 7417.0 100 et seq. .../delivery. html?dataid=AO05 5 80000000915 0003 17 8427B 8 5 B4264FE08AC07&dest=atp&fbr 10/10/02 NOTES OF DECISIONS Ordinance I 1. Ordinance Page 6 of 6 Ordinance providing for destruction of dangerous dog was not preempted by state law-, legislature neither expressly nor impliedly indicated that regulation of dangerous dogs was solely matter of state concern, legislature had implicitly given municipalities full authority to regulate dangerous dogs, and regulation and control of dangerous dogs was a wholly legitimate issue for municipal interest because it primarily affected local populace. Hannan v. City of Minneapolis, App.2001, 623 N.W.2d 28 1. M. S. A. § 347.51 MN ST § 347.51 END OF DOCUMENT /delivery. html?dataid=AO055 80000000915 0003 ) 178427B 85B4264FE08AC07&dest=atp&for 10110/02 OCT -08-2002 10:50AW FROW-CITY OF OTSEGO +TS3-44,-8823 T-744 P-001/008 F-366 ORDINANCE NO. 2 TOWN OF OTSEGO WRIGHT COUNTY, MINNESOTA AN ORDLNANCE REGULATING THE KEEPING OF DOGS Ile Town Board of Supervisors of the Town of Otsego, Wright County, Nfinnesota, ordains: The existing Ordinance No. 2 rrgulating the kxeping of dogs, is hexeby repealed Ebis ordinance is hereby adopted in ies, pLuce. Section 1. Defiritiom A. As ttsed herein the tum uru=ing at large" of dogs shall mean perrnitfm- any dog to go on or about the pablic streets, alleys, or other M places in the Town, except the premises of the owner or harborer thereof, and at aU firnes under coutml of a. responsible person - A dog shall not be detmmined to be at large if engaged in wild game or animal hunfuig and under the control of ft owner or a responsible person, or when eagaged in obedience training and tinder the control of its owner or a responsible person. B. The terin "harborer" of a dog shall mean any person who has the c:ustody of any dogs or permits the same to be kept or to stay on or about his prernises. C. The term "peace office!' shall include the Wright County Sheriff and any of his Deputies and any other person having the powers of a peace officer exercisable widtin *dw boundaries of the Town of Otsego, Wright County, Minnesota. D. The term Oanimal warden" shall mean thaT person from time to time appoinred by the Otsego Town.Board to carry out the du'des of a pound master as defined by Minnesota Statutes, or to enforce this ordinance, or both. * Amendment # 93-2 "E. The term "kennel" shall mean any 1" prernises, dwelling or dwelling unit in which three (3) or more dogs over the age of six (6) months are kept, harbored, owned or otherwise possesscd, either on a OCT -08-2002 10: 50AM FROW-CITY OF OTSEGO +763-441-8823 T-744 P-002/006 F-366 commercial basis or scale for boarding or breeding, or on a private basis for personal use, enjoyment or profit." (an Amendment to Ordinance 4 2 dated 6-14-95) SeWon I Running at Laqe Prohibited A. No dog shall be permitted to run at large widda the limits of this Town. B. No person owning or harboring a dog shall pe:rmit die sarne to run at large within the limits of this Town. C. Any dog running at large shall be subject to sEzure by the animal warden or any pence officer or by any person on whose premises the dog may be at large. Section 2.1 Certain Barking Dogs ProlUbited ------ — - --- — ------- I ------- No person Shall keep or harbor a dog which habituaRy barks, howls or crim between the hours of 10:00 P.M. and 6:00 A -M., and in doing so disturbs another perscan- Any such dog is hereby declared to be a public nuisance and may be impounded under procedures set forth in this Ordinance. S"on 2.2 Vicious Dogs Prohibited No person shall keep or harbor a dog which is known to be vicious or destructive. Any dog of the following types is hereby declared to be a public nuisance and subject to impoundment under the procedures set out in this Ordinance: A- Any dog that commits damage to the person or property of aayone other than the owner except as shalJ be committed in the defense of sach owner, or in the defense of lis family, or in the defe= of his property - B. Any dog that snarls at persons� bites persons or other animals, or habitually exhibits vicious tendencies. C. Any dog that chases vehicles or interferes with persons walking, or riding horseback, or interferes with The driving of automobiles, bicycles, motorcycles, mowrbikes, snowmobiles, or other vehicles, on public grounds. streets or highways within the limiLs of this Town. 2 OCT -08-2002 10:50AI4 FROWCITY OF OTSEGO +T53-441-8923 T -T44 P-003/006 F-366 Section 3. License Required All dogs kept, harbored or maintained by their owners in the Township of Otsego sball be licensed and registered if over six mouths of age. Dog licenses shall be issued by 6c Clerk upon payment ofa license fee of S10.00 for each male or female and upon receipt by the Clerk of a certificate from a quaRfied veterinarian showing that the do& to be licensed has been given a vaccinadon, against rabies in cmpliance with Section 3.2 - Dogs which have been spayed or neutered may be eligible for a reduced license fee of $5.00 upon presentation to the Clerk of a cerffIcate or letter from a qualified veterinarian showing that the Dog has b= spayed or neutered. Such license shall be for a whole or unexpired portion of the two (2) year period in which the same is issued and shaU expire on Alarch 1 of the second (2nd) year following. Licenses shall be renewable afer rwo (2) years if the Otsego Town Board deems the ordinance is e&ctive. The Clerk shall cause a notice of the necessity of obtaining licenses and registration to be published in the official Town Newspaper on time prior to each March of ewh year. Section 3.1 Tag and Collar Upon payment of tIx license f=, the Clerk shall provide and fmmish. for each licensed dogs a metallic tag urn which there shall be stamped or engraved the registered number of the dog, the words "Otsego". and the ym when licensed. Every Owner slWI be required to provide each dog with a colftar 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 detroyed, a duplic= or new tag will be issued by the Cie& upon proof thar such dog was licensed, and ihe payment of $2.50 for such duplicate. Dog tags sbaU not be transferable from one dog to another and no rehinds shall Ew, made on any dog license fee because of death of the dog or the owners leaving the Town before expiration of die license. Section 3.2 Rabies Vaccination No license shall be granted for a dog which has not been vaccinated for rabies with a modified live virus type of vaccine within 18 months prior to March of the license year for which application is made, or with a killed virus type vaccine within 3 months prier to March of the license year for which application is made- A certificate of vaccinxion or odLer statement to the same effect executed by a docter qualified to practice veterinu7 medicine in the state in which the dog is vaccinated shall be prima facie proof of the required vaccination. Section 4. Contract with Animal Warden ----------- — 3 OCT-08-20OZ ID:50AM FROWCITY OF OTSEGO +T63-441-8823 T-744 P-004/006 F-366 The Town Board is ampowerud. to Mntmct with a dog pound keeper, a do - catcher, an animal warden, Or any other officers, including police officers, tec=ar'y' to enforce the Provisions, terms and conditions Of this Ordinance. SeLlion 5. brtpounding ... . ........ .. . ...... . .... A. Any dog impounded within the Town limits shall be confmed in a humane manner in an animal shelter desigaated by the Town Board. Any impounded dog shall be kept for not less dw five (5) days, unless claimed during that period by its owner- All dogs impounded hereunder shall be fed and treated in a hamane manner 33. Any person not an animal warden or pe=e officer impoundiag or seizing any dog so found running at large upan the premises of another, shall immediately notify the animal warden or a peace officer whm duty it shall be to call for such dog and impound it. Any person not an animal warden or peace officer scizing, or PicIdnEUP any dog running at large, shall not I=p said dog any longer -dm six (6) hours without notifying the animal warden or surrendering it to the owner. The person who fim mkes, such dog into custody shall Inform the animal warden or peace of[icer of the name and address of the owner, if known. C. Upon impounding a dog under this Ordinance, the animal wardea shall determine whether the dog has been licensed and vaccinated. If die dog has not been licensed or vaccinated, the animal warden shall arrange to have the dog licensed and vaccinated and the. owner shall pay the fee tberefor as part of the redemption f= set forth in Section 7 of dds Ordinance. Section 6. Notice of Tinpoundinent ... . ....... . ...... . . ............ ---- If the owner of said dog is known, written notice of impounding shall be given the owner thereof either by mail or personal service. In all other circumstances, a no tice of said impoundment shall be posted at the Town HaU. No sale or disposition of any dog impounded sb all be made ontiL the sixth (6) day after the postiug or giving of the notice unless the date faJIs on a Sunday or holiday the following day. Section 7. Redemption .. . ......... ... . .......... . Any dog may be reclaimed from the animal shelter by its owner -Mthin the time specTied in the notice by the payment to the Town Clerk of an impounding fee plug a daily boarding fee for each day or fraction of day said dog hAs been confined. The Town shall A r OCT -08-2002 10:51AM FROk+-CITY OF OTSEGO +763-441-8823 T -T44 P -005/M F-366 impose an impounding fee of $25.00 to the owner for the first time a do- is impounded; $100.00 for the second time a dog is impounded within one 12-mooth period, $200.00 for the third and each subsequent ti=- a dog is impounded within one 12 month period. 11M =otmt of the dailey fee Shall be equal to rile per diem f= that the TO "'n is charged for said boarding by the animal warden or dog catcher wit which die Town Board has contracted. Not withstanding tWs section, the owner sball remain subject to aE other penalties contained in dids Ordinance. Section 8. Dispogtion of Unclaimed Dogs Any dog wbich is not redeemed as her=fore provided may be sold for not less dian, the amounts provided in Section 7 to anyone desiring to pwchase the dog if not requested by a licensed educational or sckutific institution -under Minnesota law. All sums receAved shall be placed in the general fund of the Town, 11z anLnal warden may also surrender any 3ucb dog, without cost to a humane society. Any dog which is not claimed by the owner, sold or surrendered to a humane society shall be painlessly kiWd and buried by the animal warden - Section 9. Quarantine of Certain Dogs Any dog which bi= a person shaH be quarrantined for such time as may be directed by the Town or County Health Office. During quarantine the animal shall be secuscly confined and kept from contact with any other animals. At the premises of the own= however, if the I-1calth Officer requires other confuvinen4 the owaer sW summder the animal for the quarantine period to an animal shelter or 3hall. at his own expense place it in a veteri� hospital. Section 10. Sununary Destruction of Certain Dogs .......... Whenever a peace officer has reasonable cause to behave tha a particular dog presents a clear and immediate danger to residents of the Town because it is infected with rabies (hydrophobia) ot because of a clearly &Monstrated victious nature, the officer, after maldng reasonable a=mpts to impound such dog, zmay summazily destroy said dog, withstanding die no&e requirtments of S=don 6 of this Ordii=ce- Section 11. Interference with Officers ------- -- — It sluM be unlawful for any unauthorized person to break open the pound or attempt to do so, or to take or let out any dogs therefrom, or to take or attempt to Lake from any animal warden or peace officer, any dog impounded by him in compliance with 5 OCT -08-2002 MEW FROk�-CITY OF CTS5GO +763-441-8823 T-744 P.006/006 F-366 This Ordinance or to interfere in any manner with said officer or hinder said officer in the discharge of his duties under d�s Ordinance. MWIMMT77-M-WrorwT. e 'T. The term "kennel" shall mean any lot, premiws, dwelling or dweRing unit in which tkee (3) or more dogs over tbc age of six (6) months &-,e kept, harbored, owned or otherwise poss d, citl= on a commercial basis or scale for boarding or breieding. or on.a private basis for personal use, enjoyrnent or profit. 1, Posted 4-29-93 Published 5-15-93 Section 12. Penalty Any person, fitm, or corporation found quRty of violating an -y provision of this Ordinance sbaU be quilty of a misdemeanor and upon convicticm therof shaE be punished by a fine not to exceed $700.00, by imprisonment not to exceed ninety (90) days, or both. 11is Ordirtance shall be effective upon publication. AIIMT: Jerome Perrault ................. Town Clerk eb Norman F Mwke M TOWN OF LIVONIA, MINNESOTA ORDINANCE NO. 102 ANIMAL CONTROL ORDINANCE The Town Board for the Town of Livonia, Sherburne County, Minnesota, in order to provide for the health, welfare and safety of the people of the Town of Livonia and in order to provide for the regulation and protection of dogs, ordain as follows: Section 1. Definitions. For purposes of this ordinance the terms contained in this section shall have the definitions given to them. A. "Running at large", "run at large", or "at large" means permitting a dog to stroll, wander, rove, or ramble at will and without constraint or confinement. "Running at large" shall not include the foregoing conduct when the same occurs on property owned or leased by the person to whom a dog belongs. B. "Owner" means any person, keeper, custodian or legal entity owning, harboring or keeping a dog, whether temporary or permanent. C. "Dangerous Dog" and "Potentially Dangerous Dog" have the meanings given by Minnesota Statutes §347.50 subdivisions (2) and (3) respectively. D. "Habitually Barking Dog" means any dog that (i) barks, whines, cries or makes other similar such noises for a period of five minutes or more, with less than I minute intervals between noises or (ii) barks, whines, cries or makes other similar such noises between the hours of 10:00 p.m. and 7:00 a.m., regardless of frequency, and (iii) any such noises are audible off of the Owner's property or premises, or such other property or premises upon which the dog is kept. E. "Person" shall mean any individual, firm, partnership or corporation. F. "Animal Warden" shall mean the County Sheriff or any of his deputies, a town constable or the town pound master. G. "Commercial Kennel" shall mean a place where more than three (3) dogs of over six (6) months of age are kept for purposes of breeding, sale or boarding. I H. "Citation" shall mean a notice or complaint issued by the Animal Warden to the owner of any animal apprising said owner of one or more violations of this ordinance. "Veterinary Hospital" shall mean a place for the treatment, hospitalization, surgery, care and boarding of animals or birds, which place is owned and operated by a licensed veterinarian. J. "Under Restraint-- A dog is under restraint if it is on the premises of the person harboring or keeping the dog; if it is at heel beside a person having custody of it or obedient to that person's command; if it is within a private motor vehicle of a person owning, harboring or keeping the dog; or if it is controlled by a leash not exceeding six (6) feet in length. K. "Dog Kennel" shall mean any place, building, tract of land, boat or vehicle wherein or whereupon dogs or kept, congregated, or confined; such dogs having been obtained from municipalities, dog pounds, dog auction, or by advertising for unwanted dogs, or dogs abandoned or stolen. "Premises" shall mean any building, structure, shelter or land whereupon dogs are kept or confined. M. "Pound Master" shall mean the person or persons from time to time appointed by the Livonia Town Board to carry out the duties of a pound master as defined by Minnesota Statutes or to enforce this ordinance or both. N. "Public Nuisance Animal or Animals" shall mean any domestic pet which: 1. If dog or dogs is/are repeatedly found at large; 2. Damage the property of anyone other than its owner; 3. Is/are vicious animal(s); 4. Causes fouling of the air by odor; 5. Causes unsanitary conditions of enclosures or surroundings; 6. By virtue of dog(s) maintained are offensive or dangerous to the public health, safety or welfare; 7. Excessively making disturbing noises; 8. Molests passer(s) by or passing vehicles; 9. Attacks other domestic animals; 10. Has been designated by the Animal Warden to be a public nuisance animal or animals by virtue of being a menace to the public health, welfare and safety. 2 Section 2. Noisy Animals. Habitually Barking Dogs are hereby declared a public nuisance. No owner shall keep or harbor a Habitually Barking Dog within the Town of Livonia. Section 3. Dangerous Dogs, "Dangerous Dogs" and "Potentially Dangerous Dogs" are defined and regulated by MuMesota Statutes §347.50 through §347.55. With regard to Dangerous Dogs and Potentially Dangerous Dogs, the Township of Livonia recognizes Sherburne County as the "Animal Control Authority" within the meaning of Minnesota Statutes §347.50 subdivision 7. When the Township learns of such dogs, it will contact and inform the Animal Warden and/or other appropriate authority. Section 4. Running at Large Prohibited. No Owner shall permit a dog to run at large within the Town of Livonia and every owner of a dog shall cause the same to be: A. Confined to the owner's property by trainig, fencing, or leashing and females in heat shall be confined in an enclosure and so kept and confined therein during such entire period and until such dogs shall not attract other dogs on account thereof B. While in any public place such as a school, playground, or a park to be on a leash, chain or cord of not mo ' re than six (6) feet in length and in the c * ustody of a person of sufficient age to adequately control the dog at all tunes. C. While in all others areas such as on a public street or in an automobile, to be in the custody of a person of sufficient age to adequately control the dog at all tunes, and to have keep said dog under control. Any dog found running at large may be impounded by the Township as provided in this Ordinance and may be destroyed if not timely redeemed as provided in Section eight (19) below. Section 5. Leash and Control. The restrictions imposed by the preceding Section four (4) shall not prohibit the appearance of any dog upon the streets or public property when such dog is on a leash and kept under the control of the accompanying person, or when the dog is not on a leash, but is under the immediate and complete control of the person charged with its care, either by voice control or other device. Section 6. Contract- Animal Catcher. The Town Board is empowered to contract with an animal warden, animal pound keeper, a animal catcher and any other officers, including 9 police officers and sheriffs deputies, necessary to enforce the provisions, terms and conditions of this ordinance. Section 7. Enforcement. The provisions of this ordinance shall be enforced by the Animal Warden or other designated person pursuant to policies established by the Town Board. Section 8. Right of Enqry. The Animal Warden or any other officer shall have the right to enter upon any premises at all reasonable tuines for the purpose of discharging the duties imposed by this ordinance where there is a reasonable belief that a violation of this ordinance has been committed. Section 9. Record. It shall be the duty of the Animal Warden or any other officer to keep the following records, subject to inspection by the Town Board or their designated agents as set forth in the following paragraphs: A. Accurate and detailed records of the licensing, impoundment, and disposition of dog(s) coming into custody. B. Accurate and detailed records of all reported bite cases and investigations for a period of three (3) years. C. Accurate records of all citations issued for violations of this ordinance. D. Accurate and detailed records of all money collected and expended in the operation of the functions of his/her office. Section 10. Five (5)--Dqy Notice. Any dog impounded under the provisions of this ordinance shall be kept in a pound for a period of at least five (5) days after a notice of such impounding has been posted in the Town Hall. If the owner of the dog is known, then the Township shall make reasonable effort to notify the owner of the impoundment. All impounded dogs shall be fed and treated in a humane manner. Section 11. Confinement. Every fierce, dangerous or vicious dog that has a history of biting a human or any domestic animal, shall be confined by the owner within a building or secure covered enclosure. Such dog(s) shall not be taken out of such building or secure, covered enclosures unless muzzled and on a leash. Section 12. Abandonment. It shall be unlawful to abandon any dog within this Town. Ell Section 13. Impounding. A. The Animal Warden may seize or impound any dog found astray on public property or claimed to be astray by the owner of the premises upon which such dog may be found provided that the owner of the premises demands such seizure or impoundment and agrees in writing to indemnify and hold harmless the Town from any claims for damages by the owner of said dog. B. Upon taking and impounding any dog the Animal Warden shall within one (1) day thereafter post at the front door of the town hall a Notice of Impoundment in the form established by the Town Board. If the owner of the dog be known a written Notice of Impoundment, in lieu of posted notice, shall be given the owner thereof either by mail or personal service. C. Disposition of such impounded stray shall thereafter be pursuant of the provisions of Section 19 therein. Section 14. Diseased or Dangerous Do2s. A. Any dog displaying symptoms of being rabid may be seized at any place or time and shall be confined in the Town dog pound, or other appropriate place designated for purpose by the Town Board form time to time, at the expense of the owner, until found to be free from rabies. B. If any dog appears to be diseased, vicious, dangerous, rabid, or has been exposed to rabies, and such dog cannot be taken up and impounded within serious risk, such dog may be killed if reasonably necessary for the safety of any person or persons. C. When any dog has bitten any person, wherein the skin has been punctured or the service of a doctor are required, a report of the incident shall be made to the Town by the owner or custodian of the biting animal, or the person bitten or his/her parent or guardian within twenty-four (24) hours of the bite. Section 15. Nuisance Animals. No person shall keep, own, harbor or otherwise posses within the Town a dog which is a public nuisance animal as defined in this ordinance. Section 16. Distarbing the Peace. It shall be unlawful for any person to own, keep, have in his/her possession or harbor a dog by which frequent and habitual howling, yelping, barking or otherwise, shall cause serious annoyance or disturbance to persons or the neighborhood; provided, however, that the provisions of this ordinance shall not apply to 5 duly authorized hospitals or clinics established and operating for the treatment of dogs. No warrant shall be issued except after written notice has been mailed or delivered to the occupant of the premises where such dog is kept or harbored advising that a complaint has been made about the dog and calling attention to the provisions of this ordinance. Section 17. Commercial Dog Kennels. A. No person shall operate a commercial dog kennel in this Town without first obtaining a permit. Applications for such permit shall be made to Sherburne County and shall be accompanied by the permit fee. B. Commercial kennels shall be kept in a clean and healthful condition at all times and shall be open for inspection by duly authorized Town authorities at any reasonable time. A commercial kennel pennit may be revoked by the County by reason of the violation of this ordinance or any health or nuisance order, laws or regulations. C. No person shall own, harbor, or keep upon his premises more than three (3) dogs over the age of six months unless in a commercial kennel duly licensed under this section. Section 18. Animal Quarters and Commercial Kennels. A. Animal housing facilities and commercial dog kennel facilities shall be structurally sound and maintained in good repair. Indoor housing facilities should be adequately ventilated and have ample light and heat, either natural or artificial. B. Dogs kept outside shall be provided with access to shelter to protect them from the sun, rain and snow, together with adequate bedding when the temperature falls below 50 degrees Fahrenheit. C. If dogs are confined by chains, such chains shall be so attached that they cannot become entangled with the chamis of other dogs or other objects. Chains will be of a size commonly used for the size of dogs involved and shall be attached to the dog by means of a well -fitted collar. Such chains shall be at least three times the length of the dog as measured from the tip if its nose to the base of its tall. D. Enclosure shall be of sufficient size to allow each dog to turn around fully and stand, sit, and lie in a comfortable, normal position. The floors of the 9 enclosure shall be constructed so as to prevent injury to the dog's legs and feet. E. The temperature for indoor housing facilities shall not be allowed to fall below 50 degrees Fahrenheit for dogs not accustomed to lower temperatures. F. Disposal facilities shall be provided to minimize vermin, infestation, odors and disease hazards. G. Adequate storage and refrigeration shall be provided to protect food supplies against contamination and deterioration. Section 19. Redemption of Animals, Unclaimed Animals, Disposal and Cost of Impounding. The Town, upon the Impounding of any dog, may condition redemption of said dog from impounding upon payment of the required impounding fee as duly set by the Town Board from time to time, plus the cost of boarding for each day said dog has been confined in said pound. Payment to said impoundment facility for rabies vaccination, if needed, shall also be paid. If at the end of five (5) days after said impounding, the dog has not be redeemed, it may be sold at private sale, or the keeper of the pound may dispose of the dog in a humane manner or pursuant to the terms of Minnesota Statutes, Section 35.71. Section 20. Safety of Person(s) Enforcing this Ordinance. The animal catcher or any other duly designated officer or agent of the Town is hereby empowered and authorized to kill any dog found in violation of this ordinance if said dog cannot be safely taken up and impounded, Section 21. Interference with Officers. It shall be unlawful for any unauthorized person to break open the pound or attempt to do so, or to take or let out any dogs therefrom, or to take or attempt to take from any officer or agent, any dog taken up by him in compliance with this ordinance or in any manner to interfere with or hinder such officer or agent 'in the discharge of his duties under this ordinance. Section 22. Penally. Any person, association, firm, corporation or other legally recognized entity violating any of the provisions of this ordinance shall be guilty of a misdemeanor punishable by up to the maximum sentence allowed by law for such offense, unless the Town Board has by resolution set a fine schedule for particular offenses hereunder. If the Town Board has set a fine schedule for particular offenses hereunder, then sentences for such violations shall be imposed consistent with said fine schedule. Any dog determined to have violated the provisions of this ordinance may be 7 impounded, subject to the terms and provisions of this ordinance and other applicable law. Section 23. Repealer. Ordinance number 101 is hereby repealed and replaced by this Ordinance, number 102. Passed by the Town Board of the Town of Livonia this day of 2002. This ordinance shall be effective upon passage and publication in the official Township newspaper. ATTEST: Clerk, Livonia Township \\8obruppe\bob's clloW�\L—ia\ Dog Ordin—.01 rim] —ondo, LIV Chair, Livonia Township ITEM 9. 1. A 14101kir"WIST ASSOCIATI10 CQl14!&UL1tAl14rS* 4qq%' 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 plan ne rs@nacplann i ng. com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 2 October 2002 RE: Otsego - Waste Water Treatment Plant Sludge Disposal NAC FILE: 176.08 Judy Hudson contacted our office as to allowances within the City Code and Zoning Ordinance for disposal of sludge from the east waste water treatment plant within the City. The following considerations apply: City Code. Section 6 of the City Code regulates solid waste handling, collection and disposal within the City. Section 6-1-7.13. of the City Code prohibits any waste disposal facilities within the City, except for backyard composting facilities or individual sites where regular collection is not available or as may be waived by the City Council. Sewage sludge or sludge are both defined in Section 6-1-2 of the City Code and their disposal would be subject to the prohibition of waste disposal facilities unless specifically exempted by the City Council. Section 6-1-7.13.3 specifies the means for the City Council to waive the prohibition of waste disposal facilities within the City on a site specific basis. The process involves submission of plans for the waste disposal and a public hearing requirement. The decision on a wavier of the waste disposal facility prohibition is subject only to review and approval of the City Council. Zoning. Waste disposal facilities are lot a listed use within the Otsego Zoning Ordinance, consistent with their prohibition in the City Code. However, the disposal of sewer sludge on agriculture fields could be considered an incidental accessory activity to allowed agriculture activities within the A-1 or A-2 Zoning District. This allowance within the Zoning Ordinance does not, however, excuse the waiver process required by Section 6 of the City Code. The City may want to consider a formal allowance for disposal of municipal sewer sludge as a interim or conditional use of the A-1 District, limited to the City of Otsego only. pc. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Minnesota Pollution Control Agency September 20, 2002 The Honorable Larry Fournier Mayor, City of Otsego 8899 Nashua Avenue, NE Otsego, Minnesota 55330 Dear Mayor Fournier: This letter is written to notify you that the blosolids land application sites submitted to the Minnesota Pollution Control Agency (MPCA) by the city of Otsego, permit number N4N 0063703, on August 20, 2002, have been approved for this purpose. Site approvals are enforceable to the same extent as a permit. The approved sites, located in the city of Otsego, Township 121 N, Range 23 W, Wright County, are: Site JK 1, 12.25 acres in the NE 1/4 of Section 3 1. Site JK2, 14.4 acres in the NE 1/4 of Section 3 1. Site JK3, 17.5 acres in the NE 1/4 of Section 3 1. These sites were reviewed and determined suitable by the MPCA for land application of blosolids. Applicable standards and management practices of Minn. R. ch. 7041 must be followed. Any proposed changes to management practices specified in this letter must be requested in w-fiting and approved by the MPCA before the change is initiated. In addition to general site management practices, the following site specific conditions apply: Sites JK I, JK2, JK3: The application of blosolids is prohibited on these sites for cropping years when they are to be used or are in use for the application of animal manure or other waste by- products containing nitrogen. Carry-over nitrogen from any blosolids or waste by-products including manure must be considered when calculating nitrogen application rates for the year following the application. If you have any questions regarding this approval, please call me at (651) 296-9292. Sincerely, JolJa uFresne Soil Scientist Majors Water and Land Section Majors and Remediation Division JD:Img cc: Kurt Neidermeier, Otsego, MN Jon.ri Kolles, Otsego, MN Chuck Davis, Buffalo, MN 520 Lafayette Rd, N.; St. Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 282-5332 (TTY) St. Paul - Brainerd - Detroit Lakes - Duluth - Mankato - Marshall - Rochester * Willmar; www.pca. state. mn.us Equal opportunity Employer - Printed on recycled paper containing at least 20% fibers from paper recycled by consumers. ..... .. .... ACORA CERTIFICATE OF LIABILITY INSUF;MNCqs DATE (MWDO[Yy) R JR PRODUCER TERAG 09/26/02 PIONEER ASSOCIATES THIS CERTIFICATE IS ISSU-ED AS A MATTER OF TN�FORMATION 100 SOUTH ST W ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE BOX 716 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SPICER bN 56288- ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. YCE RUPP COMPANY COMPANIES AFFORDING COVERAGE .eNo. 320-796-2169 FaxNa. A Owners Insurance Company —aURED COMPANY B Auto Owners insurance Co. 0 ruce c. Peterson COMPANY D13A Five Star Pumping, Inc C 20320 115th St. NE New London MN 56273- COMPANY D COVERAGES THIS IS TO CERTIFY T14AT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOO INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITICN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAJN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPI TIO I DATE (MM/DDNY) DATE (MMWI 0 GENERAL LIABILITY A [� COWMMERCIALGENFRAL LIABILITY 874606-0826,5269-02 CLAIMS MADE 7X OCCUR 0 NER'S &CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS B X SCHEDULED AUTOS B X HIRED AUTOS X NON -OWNED AUTOS GARAGE UABIUTY 7 ANY AUTO 95-640-757-00 95-640-757-00 95-640-757-00 EXCESS LIABILITY UMBREL=LA FORM UM aOTHER BRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY A THE PROPRIETOPj PARTNER&EXECUTIVE R INCL 011706-08626.548 0 FFICERS ARE: X EXCL DESCRIPTION OF OPEE—FtX--TIONSLOCATjONSVE,,C, Liquid manure application CERTIFICATE HOLDER ----------- CITY OF OTSEGO ATTN: KURT NEIDM'-IEIER 17330 53RD STREET OTSEGO MN 55374 LIMITS COMBINED SINGLE LIMIT $ BODILYINJURY 09/12/02 03/12/03 (Per person) $100,000 09/12/02 03/12/03 BODILY INJURY 09/12/02 03/12/03 (Per accident) $300,000 PROPERTY DAMA13E 3100,000 AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: EACH ACCIDENT 3 AGGREGATE 5 EACH OCCURRENCE AGGREGATE f HY LIMIT R EL EACH ACCIDENT s 500�0-0 05/29/02 05/29/03 ELDISEASE-POILICYUMIT '$500000 EE $500000 CANCELLATION CITYOST SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO L 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO " THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ACORD 25-S (1/95) JJOYCF. RUPP -'/�A 0 ��PORATION1988 GENERAL AGGRELA E- �IAGG "o, 000 03/26/02 03/26/03 7RODUCTS - CCM :i66,000 PERSONAL & ADV INJURY D $500/000 EACH OCCURRENCE $500,000 I FIRE DAMAGE (Any one fire) S 50,000 MEO EXP (Any an person) S 5,1000 COMBINED SINGLE LIMIT $ BODILYINJURY 09/12/02 03/12/03 (Per person) $100,000 09/12/02 03/12/03 BODILY INJURY 09/12/02 03/12/03 (Per accident) $300,000 PROPERTY DAMA13E 3100,000 AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: EACH ACCIDENT 3 AGGREGATE 5 EACH OCCURRENCE AGGREGATE f HY LIMIT R EL EACH ACCIDENT s 500�0-0 05/29/02 05/29/03 ELDISEASE-POILICYUMIT '$500000 EE $500000 CANCELLATION CITYOST SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO L 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO " THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ACORD 25-S (1/95) JJOYCF. RUPP -'/�A 0 ��PORATION1988 ITENI 9.2. A. TO: City Council FROM: Judy Hudson, City Clerk RE: 2003 Fire Assessments. Fire District 2002 Assessment Suggested 2003 Assessment Elk River $40.00 $40.00 Monticello $45.00 $45.00 Rogers $55.00 $55.00 Albertville $58.00 $58.00 The City of Albertville Contract needs to be renewed. I talked to Linda on 10- 10-02 and she didn't think there would be an increase. ITEM 9A.B. MEMO Date: October 10, 2002 To: Mayor & Council From: City Administrator Mike Robertson Re: Update on Special Projects This memo provides an update on the various special projects currently being pursued by staff. In discussing this with Mayor Fournier it became clear that the majority of these projects had been suggested by individual Councilmembers or staff and that a priority has never been set for them. I would like Council to review the status of these projects and determine what the level of priority should be for each one. FINANCIAL PLAN This plan came out of discussions between myself, City Clerk Judy Hudson and Accountant Gary Groen. We realized that the city's financial information has not been gathered in one place and was highly dependant on what each of us was carrying in our memories. I have been working on and off during the year, with assistance from Gary and Judy, to review all of the City's financial information and to set it down in one plan. Some of the transfers Council has made from one fund to another this year have been based on this work. I have treated this as my top special project priority through the year. A draft plan could be ready for submittal to Council by November. PARK CAPITAL IMPROVEMENTS PLAN Staff was waiting to receive bids on School Knoll Park that would provide cost information. Now that we have bids, staff is working on Putting together a plan. The plan will be submitted to the Park & Recreation Commission and the Council. Our goal is to submit the plan to the Park & Recreation Commission at their November meeting. This plan would provide legal justification for raising the City's Park & Trail fees. CITY IDENTIFICATION SIGNAGE COSTS The City Council examined cost estimates I obtained for concrete block signs and concluded that they were too expensive. I was asked to obtain cost information for metal and wood signs. I have not had time to do anything further. PARK PLAN UPDATE The Park Plan needs to be updated for the West Sewer District area. Work on this project has not started yet. WATER & SEWER BUDGET City Accountant Groen is examining water & sewer costs to determine how many customers we need to break even, and to estimate what revenues can be generated at full build out. The following projects have been completed this year. ZONING ORDINANCE UPDATE This has been completed by staff and reviewed by the Planning Commission and is ready for Council action. PARRISH AVENUE FLOODING GRANT Staff held many meetings with Parrish Avenue residents to gather information to put into the grant application. I expect that if the grant application is not funded or not funded for all applicants that reapplying for the grant for those people interested will become an annual occurrence. CITY HALL REMODELING PLANS Several options for remodeling City Hall based on future growth and staff needs have been prepared and reviewed by Council and Council has indicated the direction staff should follow. REVISION OF LIQUOR ORDINANCES The ordinances have been revised to hold a joint public hearing rather than individual hearings for every license. 3 ITEM 9.2. I - OCT 0 3 2002 To: Richard Nichols Chairman Planning and Zoning Committee Due to continued scheduling conflicts with family activities and my schooling I am resigning my position on the Planning and Zoning Committee effective immediately. C, cc Mike Robertson cc Larry Fornier cc City Council October 9th 2002 Judy Hudson City of Otsego 8899 N.E. Nashua Avenue Elk River, M`N 55330 Dear Ms. Hudson, POST OFFICE BOX 985 ST. CLOUD, IVIN 56302-0985 TELEPHONE 320-253-3044 USA TOLL FREE 800-538-7898 FAX TOLL FREE 838-538-7898 E-MAIL info@americanpaymentcenters.com Mr. Denny Fredrickson of ACE Solid Waste has asked our company to furnish a Payment Center in Otsego. I kindly request to locate a courtesy payment drop -box for ACE patrons outside Otsego City Hall. Shown below is the proposed installation: The dimensions of this Payment Center are 12W x 12D x 52 inches high. It can be set in poured concrete or fastened to a pre -cast concrete pad and set below rock grade. If the City of Otsego is dissatisfied with this arrangement for any reason, we will remove it promptly. If this site proves helpful to residents, we are glad to encourage more companies to become a Sponsor at this Otsego site. Thank you for considering our request. Respectfully submitted, I remain, 4D Ready to serve Otsego residents, Robb Bates, Area Manager "Serving the Nation's Service Firms-