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10-09-95 CCCITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION ORIGINATING DEPT. MEETING DATE CONSENT AGENDA FINANCE OCTOBER 9,1995 ITEM NO: ITEM DESCRIPTION PREPARED BY / 5.1 CONSIDER DUANE FIEDLER REQUEST / FOR LEAVE OF ABSENCE WITHOUT PAY P.Boedigheimer Section 3-7 of the City's Personnel Policy addresses leave of absence without pay. The policy states that requests for leave of absence without pay in excess of ten working days in a calendar year must be submitted to and approved in advance by the City Council. Attached is a copy of Section 3-7 for your reference. In accordance with the city's personnel policy, Duane Fiedler is submitting the attached letter to Dave Chase, Maintenance Supervisor and the Mayor and City Council requesting time off during the month of November. As Duane's letter indicates, he is requesting approval for fifteen days of leave without pay. There are two holidays in the month of November and Duane has indicated to me that he will also have five personnel days to use during the month. There are twenty-two working days in November, therefore, the request is for an additional fifteen days leave without pay. He has also stated that he will be available for any snowplowing operations, should weather require, during this time off. The policy also indicates that the employee is responsible for their own insurance benefits during leave without pay. I have discussed this issue with Duane and it is my suggestion that the City prorate the City's contribution toward insurance benefits based on his request for fifteen days of leave without pay. The requested fifteen days is 69% of the possible working days in November, therefore he would be responsible for 69% ($138.00) of the City's monthly contribution of $200.00 toward health, dental and life insurance. PERA contributions would be based on the actual wages paid for the month. I have discussed Duane's request with Maintenance Supervisor, Dave Chase, and Dave has approved the request. Therefore, it is recommended that the City Council approve Duane Fiedler's request for up to fifteen days of leave without pay during the month of November and to authorize the Finance Director to prorate the City's contribution toward insurance benefits based on Duane's actual days of leave without pay. SECTION 3-7 LEAVE OF ABSENCE WITHOUT PAY Sec. 3-7.1 Supervisors may, giving consideration to the needs of the City and the ability of the remaining staff to accomplish work responsibilities, authorize regular employees to be absent without pay for personal reasons for a period or periods not to exceed a total of ten (10) working days in any calendar year. Requests for leave of absence without pay in excess of ten (10) days in a calendar year must be submitted to and approved in advance by the City Council. Employees shall request such leaves of absence without pay in writing in advance of the date so desired indicating the reason(s) for absence, the specific absence period and anticipated date of return to work. Sec. 3-7.2 Leaves of absence will not be given for the purpose of enabling any employee to work for another employer or to engage in any form of self-employment. Any employee who obtains a leave of absence by misrepresenting the purpose therefore shall be discharged. Sec. 3-7.3 While on approved leave of absence without pay exceeding ten consecutive working days, an employee will not receive city contributions to city sponsored insurance(s) in which he/she is a member or be eligible to accrue vacation or holiday pay. Nor will the time on leave of absence without pay be considered for purposes of calculating time in active service where the period exceeds ten consecutive working days. SECTION 3-8 INSURANCE Sec. 3-8.1 Benefits under City authorized insurance programs are governed by the terms and condition of the respective insurance policies, administrative interpretations thereof, and administrative procedures established unilaterally by the City. The City Council may authorize the participation of regular part time employees in these programs. SECTION 3-9 DEFERRED COMPENSATION Sec. 3-9.1 Deferred compensation plans, which defer a portion of the employee's income for retirement purpose and shelters such deferred amounts from state and federal taxes, may be made available to all regular full time City employees. SECTION 3-10 FLEXIBLE BENEFIT PLAN Sec. 3-10.1 A flexible benefit plan which allows an employee to set aside pre-tax income for deductible medical and child care expenses may be made available to all regular full time City employees. 9 T0: Dave Chase, Maintenance Supervisor TO: Otsego Mayor and City Council FROM: Duane Fiedler DATE: 9/20/95 RE: Time off without pay I request that the Mayor and City Council consider the following. - I would like to take some time off this November 1995 from 11/1/95 Thru 11/30/95. - The reason I am requesting this time off is for personal reasons. - In the month of November there are 22 working days - 2 Paid holidays ( Veterans Day and Thanksgiving ) - 5 Personal leave days 15 remaining days of unpaid time off - I will be available for the snowplowing operations on a "call me" basis as in every other year. - Since I will be available for snowplowing, and that the 7days (vaction and holidays) would be payable as any other month,I would like to suggest a prorated payment for the City of Otsego's monthly health insurance and PERA contributions. Thank you, Duane Fiedler CC: Phyllis Boedigheimer, Finance Director CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION DEPARTMENT MEETING DATE 5. Consent Agenda 10-9-95 ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 5.2 Recycling Bins Judy Hudson DC BACKGROUND Roche Martin, Principal of Otsego Elementary School has requested 30 recycling bins. These bins would be placed in each class room for students to recycle. Currently the City charges $5.00 for a replacement of a recycling bin. All new buildings built, receive the first one free. We recently ordered 500 recycling bins. The final cost to the City, after a Grant reimbursement was $3.65. STAFF RECOMMENDATION I have discussed this with Elaine and we recommend the City donate the 30 recycling bins for the following reasons: 1. Encourages and educates students in the recycling program. 2. The School is a tax supported institution. CITY OF OTSEGO ENGINEER'S AGENDA ITEMS CITY COUNCIL MEETING OCTOBER 9, 1995 8.1 Improvement Project 94-2 CSAH37 and Odean Avenue A. Update The project is substantially complete at this time. A Project Review Report, detailing items yet to be completed has been sent to the Contractor. Wright County's review of the project was favorable. Meetings with individual landowners will occur in the next several weeks to discuss the project. Release forms will be required from landowners for which cash settlements or property improvements were made in conjunction with the project. The release forms are intended to protect the City and County against potential claims related to the project. B. Consider recommendation to approve Supplemental Project No. 1 A drainage pond is proposed to be constructed east of the project site. The pond easement was obtained'in conjunction with the Lin -Bar Estates plat. The cost of construction, city/county cost split and State -Aid project costs split are depicted on the agreement form. The construction limits of the pond are depicted on the attached Exhibit A. City trucks are proposed to be utilized to haul the material from the pond for stockpiling at Otsego Prairie Park. This has been discussed on a preliminary level with Dave Chase. The State -Aid drainage related cost split for the original project was 100% state funds, 0% local cost. Conversations with Mike Tardy, District State Aid Engineer, indicate that the pond costs will be paid entirely out of the State -Aid funds, with no City contribution required. We recommend approval of Supplemental Agreement #1. We anticipate that all signatures can be obtained by October 20, 1995. Construction could then begin the following week. 8.2 Otsego Prairie Park A. Consider recommendation to approve Final Pay Request The grading work by Fehn Excavating has been completed at Otsego Prairie Park. The council has previously approved partial payment through Pay Request No. 1. This action is for approval of the remaining grading under the base contract plus Change Order No. 1. Signed pay requests will be available by October 16, 1995. Final payment will be made upon receipt of State Form IC 134, Withholding Affidavit, Monthly Employment Compliance Report and EEO Compliance Certificate. A resolution approving final payment is included for your action. We recommend adoption of the resolution. 8.3 Any other Engineering Business Item 8.1 B 86-637-22 Mn/DOT TP -02134-03 (5/88) 217-105-01 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. to Contract No. 217-020-02 SUPPLEMENTAL AGREEMENT No. 1 Sheet 1 of 2 Contractor: Federal Project: State Project No.: BUFFALO BITUMINOUS, INC. N/A SAP #86-637-22 Item Description ion SAP #217-105-01 U.Lt _Q_= SAP #217-020-02 Address: Location: BUFFALO BITUMINOUS, INC. CY BOX 337 THE INTERSECTION OF CSAH37 AND ODEAN AVENUE IN OTSEGO, MINNESOTA. BUFFALO, MN 55313 Seeding Pro. No. F.Y. Account I.D. Dept/Div. Sequence No. Suffix Object Vendor Type 180.00 4 Mulch Material Type 1 2.4 TON 150.00 01 5 Disc Anchor JAmount V ACRE Purchase Terms Asset No. C.CDA C.CD.2 C.CD.3 C.CD.4 C.CD.5 OOONET 7 Mobilization (Seed Contractor) 1 LS 350.00 350.00 TYPE OF A40 ( 1 A41 ( ) Dated Number Entered by TRANSACTION: A44 ( ) A45 ( ) A46 ( 1 Dated Number Entered by This contract is amenaea as ronows: The contract will be amended to allow for construction of a drainage pond to mitigate additional stormwater runoff attributable to the project. A lump sump (plan quantity) cost has been determined for the construction of the drainage pond as depicted below: TOTAL $11,472.5Q The contractor shall be responsible for loading material into City trucks for transportation of material off the project site. The lump sum cost of $11,472.50 will be considered a plan quantity cost and shall be deemed payment in full for work related to this agreement. Costs associated with this agreement will be prorated based upon city/county R.O.W. acreage contributing to the additional flow. This proration and associated cost was determined to be as follows: Project Owner Percentaae Cost SAP 217-105-01 City of Otsego 55.9% $6,413.13 SAP 86-637-22 Wright County 44.1% 5.059.37 TOTAL $1 1 ,472.50 Unit Item Description ion Quantity U.Lt _Q_= Extension 1 Common Excavation (loaded into City Trucks) 4137 CY $2.50 $10,324.50 2 Seeding 1.2 ACRE 100.00 120.00 3 Seed Mix 800 60 LB 3.00 180.00 4 Mulch Material Type 1 2.4 TON 150.00 360.00 5 Disc Anchor 1.2 ACRE 25.00 30.00 6 Comm. Fert. 20-10-10 0.3 TON 300.00 90.00 7 Mobilization (Seed Contractor) 1 LS 350.00 350.00 TOTAL $11,472.5Q The contractor shall be responsible for loading material into City trucks for transportation of material off the project site. The lump sum cost of $11,472.50 will be considered a plan quantity cost and shall be deemed payment in full for work related to this agreement. Costs associated with this agreement will be prorated based upon city/county R.O.W. acreage contributing to the additional flow. This proration and associated cost was determined to be as follows: Project Owner Percentaae Cost SAP 217-105-01 City of Otsego 55.9% $6,413.13 SAP 86-637-22 Wright County 44.1% 5.059.37 TOTAL $1 1 ,472.50 86-637-22 Mn/DOT TP -02134-03 (5/88) 217-105-01 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. to Contract No. 217-020-02 SUPPLEMENTAL AGREEMENT No. 1 Sheet 2 of 2 (Continued) The contract amount for the three State Aid Projects will be revised as follows based upon this agreement: Original Revision Due Project No. Contract Price To Supp, Agreement Final Cost SAP 86-637-22 $214,553.59 $5,059.37 $219,612.96 SAP 217-105-01 67,014.78 6,413.13 73,427.91 SAP 217-020-02 26.410.88 Q.QQ, 2.6.410.88 TOTAL $307,979.25 $11,472.50 $319,451.75 The pond shall be constructed to the lines and grades as shown on the attached Exhibit A. APPROVED: APPROVED: Original Contract Commissioner of Commissioner of Dated Adminisraton Finance Approved as to form Owner - City of Otsego and execution Dated Wright County Engineer Dated Project Engineer - City of Otsego BY: BY: Dated Contractor Dated Assistant Attorney General District Engineer Dated Dated Dated Agency Head Original to State Auditor - Copy to Agency OT323sup.agr N.E. 71 st \ \Streikt \ \ A CONCEPTUAL LOT 93,>l 0 LINES SHOWN 03(.4 I \ LIMITS OF ' \ SETBACK UNE HIGHWAY EAS / �� " n \ 9SEMENT LINE) (RIGHT-OF-WAYS / 9�T6, \ S 838 00 W ` — — — — — �- — — — — — — PROPOSED17 LIMITS OF LIMITS OF 'ROW LINE DRAINAGE DRAINAGE EAJEMENT EASEMENT FUTURE w a RIGHT OF FUTURE 3 / N , WAY LINE ROW �o� 6 — BOTTOM - 928.0 LINE StING ROW LINE INV - 9 1 0_ 50' ROW �o'W"-�—�� (HIGHWAY (C EASEMENT .S.A.H No.37_ N.E. 170t .ill ee-t -��" I/ N 8" v N 88053'48" E 88°53 48 E 708.56 South line of the S1/2 of the SE1 /4 EXHIBIT A POND DATA: 24" R.C.P. PROPOSED POND INV - 933.91 H WL: 935.98 NORMAL WATER LINE = 934.22 Hakanson BOTTOM ELEVATION = 928.00 SLOPES: 4:1 938 TO 935 I—Nil Anderson DEAD STORAGE = 1.16 AC -FT 10 1 935 TO 934 Assoc.jnc. 4:1 934 TO 928 I SW comer of the S1/2 of the SEt /4 e/2-427-5880 FAX 612-427-3401103 K,. a K M"+m..• W.,. w S&M of Section 28, Twp 121, R 23 ail-iso-oaaa FAX 612-205-5588 WRIGHT COUNTY MONUMENT SCALE 1" = 60' DATE: SEPT., 1995 FILE: OT2134 Item 8.2A Councilmember introduced the following resolution and moved for its adoption: RESOLUTION 95 RESOLUTION APPROVING FINAL PAY REQUEST FOR FEHN EXCAVATING, INC. (PROJECT 95-1 OTSEGO PRAIRIE PARK IMPROVEMENTS) WHEREAS, the City Council of the City of Otsego awarded this project on July 24, 1995; and WHEREAS, the City Council of the City of Otsego awarded the bid to Fehn Excavating, Inc. for the grading of ball fields at Otsego Prairie Park. WHEREAS, the City Council of the City of Otsego approved Change Order No. 1 on August 28, 1995 deleting the ag. lime and modifying grading. Said change order for a net $5750.00 increased the contract amount to $44,500.00 WHEREAS, Hakanson Anderson Associates, Inc. recommended final payment to Fehn Excavating, Inc. in the amount of $10,619.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, WRIGHT COUNTY, STATE OF MINNESOTA, as follows: 1. That the City Council hereby authorized final payment to Fehn Excavating, Inc. for the grading of ball fields at Otsego Prairie Park in the amount of $10,619.00. 2. That the City Council hereby authorized the Mayor or City Clerk to sign the release form for this final payment upon submittal of necessary documents by the contractor. 3. That the City of Otsego Finance Department be provided a signed copy of this resolution. 4. That the invoice and supporting documents be submitted to DNR for reimbursement. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: and the following abstained: and the following were absent: Whereupon said resolution was declared duly passed and adopted by the Otsego City Council this the 9th day of October, 1995. CITY OF OTSEGO By: City Clerk OT708b.res Attest: Pa timate Final Pay Estimate Dennis Fehn Gravel and Excavating 11900 - 50th Street NE City, State, Zip RE: Improvement Project No. 95-1; Otsego Prairie Park Development City of Otsego, Minnesota Contractor: Dennis Fehn Gravel and Excavating Bid Amount: $38,750.00 Award Date: July 24, 1995 Completion Date: September 1, 1995 Pr 1 I BID -SCHEDULE " Etimaled Item Description �uantlt Unit Price Contract Cost Used To Date Extension 1 CwoWxcavation/Grading 1 LS $16,650.00 LS $16,650.00 1 LS $16,650.002 $38,750.00 Solt Fence 1000 LF 1.50 1 LF 1 1,500.00 1 554 1 LF 831.00 TOTAL BID SCHEDULE "A" $18,150.00 $17,481.00 1ALTE NATE " " Etimaled Descri tion Mantic Unit Price Contract Cost Used To Date Extension Item 1 CnwoWxcavation/Grading 1 1 LS 1 $16,400.00 1 LS $16,400.00 1 1 LS $16,400.00 TOTAL ALTERNATIVE SCHEDULE "B" $16,400.00 $16,400.00 I ALTERNATIVE SCHEDULE "C" Edstimaled I Unit Price I Contract Cost I Used To Date I Extension I ItAm rlacrrrintinn UantltY TOTAL ALTERNATIVE SCHEDULE "C" SUMMARY OF BIDDING: TOTAL BID SCHEDULE "A" ALTERNATIVE SCHEDULE "B" ALTERNATIVE SCHEDULE "C" TOTAL OF BID SCHEDULES: Change Order No. 1 Net Increase Total of Bid & C.O. #1 Total Work Completed to Date Less Pay Estimate No. 1 Final Payment Amount $4,200.00 $0.00 Original Work Contract Completed $18,150.00 17,481.00 16,400.00 16,400.00 4,200.00 0.00 $38,750.00 $33,881.00 $5,750.00 $44,500.00 $44,500.00 $33,881.00 $33,881.00 $10,619.00 Pa timate P; APPROVALS: CONTRACTOR: Certification by Contractor: I certify that all items and amounts shown are correct for the work completed to date. DENNIS FEHN GRAVEL AND EXCAVATING Signed: Title: ENGINEER: HAKANSON ANDERSON ASSOCIATES, INC. Signed: Title: OWNER: CITY OF OTSEGO Signed: Title: OT708.pay Date: Date: Date: DENNIS FEHN GRAVEL & EXC P.12112 PF010 at (;v) to flt 771 131.1.041JEW envewpa FEHN GRAVEL & EXCAVATING, INC. 11900 50th Street N.E. ALBEPT\,l!-:-E. 55301 (612) 497-2428 DATE JOB NO. JOB NAUE JOB LOCA'nON DESCRIPTION i PRICE AMOUNT : -:., , , 4AL A 40% pro-cor'surtur Content "!YV 1014 P*m-Cansurnar Corittmi CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 9.Council Items 9.5.Any Other Council Bus. 10/9/95 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 9.5.1. Discussion of Albertville/Otsego Elaine Beatty,Clerk,ZA Border issues/Annexation a. Discuss Review of the Comprehensive Land Use Plan in the Albertville/Otsego Border area. b. Discuss public services in the Albertville/Otsego Border area. For your information, a Sub -Committee meeting on the Albertville/Otsego Border discussions and working together was held on Thursday October 5, 1995 at 72M. This has been added to the agenda to have the Council Discuss what happened at the above subcommittee meeting. We should discuss if and when we should have Dave Licht's office NAC, do the review of the Comp. Plan in that area. We should also discuss what kind of services we should look at supplying in this area. Maybe it should be studied, or maybe we should wait until the Comp. Plan review is done. These are just some of the questions and I hope you can have a good discussion of all of these issues. The Sub -Committee will have more information after the meeting of 10/5/95 with Albertville as to where they/we stand and where they think't,his should be going. Thank you for your consideration and discussion. CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 9. Council Items Clerk October 9,1995 6:302M ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 19.2 Discussion of Dave Licht NAC -Fee Change Elaine Beatty, Clerk/Z.A. for 1996. BACKGROUND Dave Licht asked that I bring this item before the Mayor and Council. At the Budget Workshop the letter from Dave Licht was addressed Re: the suggested contract change for services of NAC beginning on January 1, 1996. The fee arrangement for meeting attendance is the suggested change.. In the past NAC has charged $125.00 per person per meeting. They now are requesting an increase to $150.00 per meeting for Bob Kirmis and $200.00 per meeting for Dan Wilson and Dave Licht. Please read the Memorandum of September 21, 1995 attached. If you have any questions or wish to have Dave Licht attend a meeting to discuss this, he is willing. This item is for your discussion and Dave Licht would like to have an answer on this proposed increase. Thank you, TO: FROM: _ NTE: _ RE: FILE NO. ENIOR.-\NDU 1 Mayor and City Counci David Licht 21 September 1995 Otsego - Planning Services N A X51W00151420 WXX0)ZX S( X (612) 595-9636 As part of the budgeting process for 1996 we alerted Phyllis Boedigheimer that we were suggesting a contract change for our services beginning on 1 January. The area in which we are suggesting a modification is the flat fee arrangement for meeting attendance. For the past seven years, we have charged a flat fee of $125.00 per person, per meeting. (We would also note that some staff attendance has been on a free of charge basis.) Given increased operation costs, we are requesting what we view as a modest increase to $150.00 per meeting for support staff (i.e., Bob Kirmis) and $200 per meeting for associates and principals (i.e., Dan Wilson, David Licht). Unless the City wishes other changes in our working relationship considered, we are proposing no other substantive modifications. We bring this house keeping matter to your attention at this point in time so that if a change is approved, it can be formalized before the "rush" of activities at the end of the year. Should this modification be acceptable, we will proceed to draft a revised contract for signature by the Mayor and Clerk. If you believe it necessary, I can be in attendance at one of your future meetings to formally discuss this matter. Additionally, do not hesitate to call should you wish to review the matter with me on an individual basis. pc: Elaine Beatty Phyllis Boedigheimer a 5775 Wayzata Boulevard #555 40XtyXbVt4 )WWLVA MXX)WP AX( - MINNEAPOLIS, MN 55416 WHITE - ORIGINAL YELLOW - FILE COPY PINK - C FILE CITY OF OTSEGO REOUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 7. ANDY MAC ARTHUR, CITY ATTY LEGAL 9/25/95 ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 7._ Discussion and Review of other city ord. Re: Elaine Beatty, clerk Street Parking BACKGROUND The City has had a number of complaints of Large Trucks parking on the City Streets. The Council asked us to get copies of information and ordinances from other cities regarding this issue. REVIEW OF THE ISSUES Andy Mac Arthur will review the Ordinances and have discussion with the Council on this issue ALTERNATIVEVIMPACTS: STAFF RECOMMENDATION See the Attached letter of September 20, 1995 from Andy MacArthur and Ordinances from St Michael, Albertville, and Robbinsdale. For your review and Discussion. Thank You, ORDINANCE NO. 87 AN ORDINANCE RESTRICTING THE PARKING OF RECREATIONAL VEHICLES UPON CITY STREETS THE CITY COUNCIL OF THE CITY OF ST. MICHAEL DOES ORDAIN: Section 1. Purpose. The City Council finds that it is necessary, to promote the health, welfare and safety of the citizens of St. Michael, and to promote traffic flow, that restrictions be placed upon the parking of certain vehicles upon city streets at certain times. Section 2. Definition. The term "recreational vehicle" shall include, without limitation, the following: a. "Travel Trailer" - a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified as such by the manufacturer of the trailer; b. "Pickup Coach" - a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation; C. "Motorhome" - a portable, temporary building to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle; d. "Camping Trailer" - a folding structure, mounted on wheels and designed for travel, recreation and vacation uses. Section 3. General Parking Prohibitions. Subd. 1 - Recreational Vehicle: Other than persons on emergency calls, parking of recreational vehicles is prohibited on any public street, highway or alley within the city between the hours of 2:00 a.m. and 6:00 a.m. Subd. 2 - Trucks exceeding 3/4 ton gross vehicle weictht:� Other than persons on emergency calls, parking of trucks exceeding 3/4 ton gross vehicle weight is prohibited on any public street, highway or alley within any residential district designated as such pursuant to St. Michael Zoning Ordinance, No. 81, as amended. Section 4. Applicability. The terms of this Ordinance shall apply during the months of May through October. Nothing herein shall be deemed to repeal, contradict, or vary from the terms of St. Michael Ordinance No. 47, which is applicable during the months of November through April. Section 5. Presumption. It shall be presumed, for purposes ORDINANCE NO. 1979-9 CHAPTER 901 General Nuisances AN ORDINANCE OF THE CITY OF ALBERTVILLE, MINNESOTA, PROVIDING FOR THE PROTECTION OF THE CITY STREETS AND PARKING LOTS. The City Council of City of Albertville, Minnesota, ordains as follows: 1. Tractors or other vehicles with lugs thereon or any other type of farm machinery that is not equipped with rubber tires are hereby prohibited from using bituminous treated streets and parking lots in said City of Albertville. 2. It is prohibited for any person or party to drive any vehicle over said street and parking lots having an axle weight load in excess of four tons, unless permission is obtained and ranted by the City Council herein. J. It is prohibited for any person or party to operate or park a truck of over 9,000 pounds gross weight on any primarily residential street within the City of Albertville, unless said truck is actually engaged in making a pick-up or delivery at a residential dwelling. a. Any person, party or firm who violates any provision of the above ordinance shall be guilty of a petty misdemeanor, and subject to fine of not more than One Hundred ($100.00) Dollars. Passed this 5th day of November, 1979. /s/ Cornelius L. Paulson Mayor ATTEST: I /s/ Donald Berning City Clerk. (195) (196) Robbinsdale City Code Section 1310 - Recreational Vehicles 1310.01 1310.01. Statutes. The regulatory provisions of Minnesota Statutes, section 84.81 to 84.929 inclusive, regulating snowmobiles and recreational off-road vehicles in the city are adopted by reference. 1310.03. Prohibitions. Subdivision 1. General. Except as provided in this section it is unlawful to operate a snowmobile or recreation off-road vehicle: (a) upon a city street or alley in the city; (b) upon private property of another except upon written permission; (c) upon publicly owned areas and easements, including school property, park property, playgrounds, recreational areas, public lakes or lake surfaces, waters public boulevards or sidewalks, or land designed for the use thereof; Subd. 2. Time. A snowmobile or recreational off-road vehicle may not be operated after the hour of 9:30 p.m. nor prior to 8:00 a.m. in the city. 1310.05. Permitted areas. The city council may, by resolution, designate public areas that may be used by the public for the operation of snou-mobiles or recreational off-road vehicles, provided that in designated areas snowmobile or recreational off-road vehicle may not be operated: (a) after the hour of 9:30 p.m. nor prior to 8:00 a.m.; (b) within 50 yards of: (1) a fisherman engaged in fishing;; (2) a skating rink; (3) a sliding area. (c) within 250 feet of lake shore except for designated park entrance and exit areas; (d) unless the snowmobile or recreational vehicle complies with the state statute on noise; (e) unless a required safety certificate has been obtained. A person under 18 years of age may not operate a snowmobile unless the operator has a valid snowmobile safety certificate in the person's immediate possession issued pursuant to Minnesota Statutes, section 84.872 or is under the supervision of an adult. Robbinsdale Citv Code Section 1305 - Parking Regulations 1305.01 1305.01. Scope. The provisions of this section apply to drivers of vehicles and owners of vehicles operated in the city. 1305.03. Prohibitions. Subdivision 1. General. It is unlawful to stop, stand or park a vehicle in any of the following places: (a) on a sidewalk; (b) in front of a public or private driveway; (c) within an intersection; (d) within ten feet of a fire hydrant; (e) in a public park, except upon designated roadways and in designated parking areas; (f) upon a street, highway, or road boulevard or in an area between, a sidewalk and a street, highway or road; (g) upon a median or divider strip in a street, highway or road; (h) within 15 feet of the driveway entrance to a fire station and on the side of the street opposite the entrance to a fire station within 75 feet of said entrance when properly sign posted; (i) within 25 feet of the intersection of curb lines or, if none, then within, 15 feet of the intersection of property lines at an intersec- tion of a highway or road or street; (j) within 30 feet of any thru street stop sign or thru highway stop sign or at any other stop sign placed on the side or a roadway or street or highway on the approaching side; (k) within 20 feet of a point opposite the nearest end of a designated safety zone; (1) within five feet of the intersection of a public highway with any ally; (7.) at any other place prohibited by law. Subd. 2. Exceptions. The prohibitions of subdivision 1 do not apply to vehicles parked to: (a) avoid conflict with other traffic; (b) comply with a traffic control device; (c) comply with the directions of a peace officer. This subsection does not apply to city vehicles parked in connection with official city business. 1305.05. Special loading zones. There is reserved for loading and unloading of passengers or commodities, during the hours between 8:00 o'clock a.m. and 6:00 o'clock p.m. except on Sundays and legal holidays, spaces of proper and adequate length wherever the city council directs the police department to establish and mark a loading zone, and when and to the extent so marked. Robbinsdale City Code 1305.07 1305.07. Parking in congested zones. Subdivision 1. General rule. It is unlawful to park a vehicle or permit it to stand upon a street in a congested zone for a period of time longer than one hour during the hours between 8:00 o'clock a.m. and 6:00 o'clock p.m. Subd. 2. Congested zones. It is unlawful to park a vehicle or permit it to stand upon a street which has been designated a one hour zone for more than one hour. When a one hour zone is in an area in which parking by resident permit pursuant to subsection 1305.15, the one hour restriction does not apply to vehicles bearing resident permits, but allows non -permitted vehicles to remain on the street for not more than one hour. 1305.09. Restricted parking. Subdivision 1. Four hour rule. Except as otherwise provided in this code, no person in charge of a vehicle may park or permit the vehicle to stand upon a highway, street or alley in the city or on property owned or leased by the city, for more than four consecutive hours between the hours of 12 o'clock a.m. and 8 o'clock a.m. nor for more than six consecutive hours at any time. Subd. 2. Trucks. In an industrial, commercial, or multiple dwelling area where off-street parking area or truck standing spaces are provided, those vehicles must use the designated area for parking, loading or unloading. Subd. 3. Snow. After a snowfall of at least 2 inches, parking is prohibited on public streets, highways, and alleys in the city and on property owned or leased by the city. Parking may not resume on a street, highway or alley until it has been plowed and the snow removed to the curb line. Parking may not be resumed on any individual property owned or leased by the city until the property has been plowed to the perimeters thereof. (Amended, Ord. No. 91- 14, Sec. 1) 1305.11. Taxicabs and common carriers. Taxicabs or other vehicles having a capacity for and engaged in the business of carrying less than seven passengers for hire, or in carrying baggage, property or material for hire, may not stand on a highway in the congested zone except at stands plainly indicated by markings or signs placed and maintained by the police department, at locations designated and authorized by the council, and only to the extent and for the period of time indicated by the markings and signs. 1305.13. Parking by permit only parking. Subdivision 1. Purpose: policy. The council has found that in certain areas of the city, and in particular in the vicinity of North Memorial Hospital, streets in residential areas are congested because of heavy residential and non-residential traffic and parking. It is the purpose of this subsection to stem the flow of commuter traffic from institutional, commercial and industrial districts into an adjoining residential neighborhood; to reduce air pollution and other environmental effects of automobile emissions, and to enhance the quality of life in the residential area by reducing noise, traffic hazards and litter; to protect the residents from unreasonable burdens in gaining access to their residences; to preserve the character of the residential district as such; to promote efficiency in the maintenance of these streets in a clean and safe condition; to preserve the value of property; to preserve the safety of children and other pedestrians and traffic safety, and to promote the peace, good order, comfort, convenience and welfare of the inhabitants of the city. The provisions of this subsection, providing the parking by permit only, are in furtherance of those objectives. Robbinsdale City Code 1305.25, Subd. 2 Subd. 2. Snow. No person may by pushing, shoveling or by any mechanical means cause snow or ice to be placed in or on any street or alley. Subd. 3. Debris. A person hauling debris or construction materials and dropping it on city streets must remove such materials or debris immediately. Persons causing damage to streets by trucks must repair same to the satisfaction of the city. In the event either of the above provisions are not complied with the person will be charged by the city for time and materials required to clean or repair said street. 1305.27. Keys in parked vehicles. It is unlawful to allow keys to a vehicle to remain in the ignition lock while the vehicle is parked and unattended on any street, alley cr public property in the city. CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION ORIGINATING DEPT. MEETING DATE COUNCIL ITEMS FINANCE OCTOBER 9,1995 ITEM NO: ITEM DESCRIPTION PREPARED BY 9.3 CONSIDER MEMBERSHIP TO THE ECONOMIC DEVELOPMENT PARTNERSHIP OF WRIGHT COUNTY P.BOEDIGHEIMER The City of Otsego has been approached for membership to the Economic Development Partnership of Wright County on a number of occasions. The Partnership was created in 1993 with membership representation from the county, several municipalities and townships, utility companies, banks and lending institutions. The board members are volunteers with a variety of backgrounds appointed from the membership. The mission of the Partnership is to coordinate, promote and support economic development which will enhance and improve the quality of life in Wright county. I have attended two of the Partnership meetings to understand the organization, their goals, and the benefits the City of Otsego might gain through membership. The primary project the Partnership is involved in at this time is the hiring of a coordinator to facilitate the organization. It was agreed upon by the current membership to establish the coordinator position as a full time position, to be filled by November. The coordinator position will pursue memberships, fund raising, and promotion of economic development within the county. In addition, the Partnership will pursue county involvement in economic development, grant and loan incentives to promote development, and support for membership recipients of grants through the Central Minnesota Initiative Fund. The Partnership has offered the City of Otsego an associate membership for the balance of 1995 and a reduced membership fee for 1996 as an incentive to encourage the City's participation in the organization. The associate membership fee is $50.00 and the reduced membership fee for 1996 is $1,000.00. Currently, there is a vacancy on the board, and there was discussion regarding my appointment to that vacancy, allowing representation of Otsego on the board. Some of the advantages of membership to the Economic Development Partnership include: 1) The networking opportunities offered to each member, through meetings and workshops. 2) Information, help and support in securing funding through grants and loans offered to cities for economic development. 3) Information and involvement in infrastructure development, i.e. wastewater treatment. For example, the Partnership helped the City of Cokato receive funding through the update of the overall Wright County economic development plan. 4) The Partnership is an advocate of community growth and will work with individual communities to promote growth whenever necessary. 5) Support of membership through work with the Central Minnesota Initiative Fund. It is my belief that the Economic Development Partnership of Wright County, Inc. is becoming a very viable, active organization for economic development through the hiring of a coordinator, aggressive membership drives, pursuit of county involvement in economic development, and potential grant and loan administration. It is my recommendation the City Council consider an associate membership to the Economic Development Partnership of Wright County, Inc. for 1995 and full membership for 1996. The 1996 proposed EDA budget includes $1,000.00 for membership to the Wright County Partnership. The city's membership can then be reevaluated at 1997 budget time for future years. I have discussed this recommendation with Liz Wilder, Chair of the Economic Development Authority Advisory Commission, and she is in support of the membership for 1996. I would also request the City Council's support in my membership on the board, should the board vote to appoint me to that position. Claims List for Approval For the period 09/26/95 to 09/26/95 CLAIM TOTAL TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER _ CLAIM ICMA RETIREMENT -TRUST- - -----'""" DEFERRED COMP=PAY PDERIO9%23%95 09/26%95 995 300.00 PUBLIC EMPLOYEES RETIREMENT FUND EMPLOYER/EMPLOYEE-PAY END 9/23/95 09/26/95 996 '745.72 BANK -OF- -ELK -RIVER— -- --FED-. WITH ,-SS ; MEDICARE-- /23 95 09%26 95 997 _Z, .24 :PT"OF"REVENUE_- - " - ---------.--STA7E-WITHHOLDING=ADGUST---- CAPITAL CREDIT UNION DEDUCTIONS -PAY PERIOD 9/23/95 09/26/95 999 100.00 WRIGHT COUNTY SHERIFF'S DEPT AUGUST SERVICE _ 09/26/95 1000 _7,786.67 GEORGE -SPEAR.. - -REFUND ESCROW DEPOSIT 09/26/95 1001 2,500.00 WRIGHT COUNTY RECORDER RECORDING FEES 09/26/95 1002 78.00 DENNIS FEHN GRAVEL 8 EXCAVATING INC PAY ESTIMATE #J 09/26/95 1003 33,881.00 MEDICA -- - OCTOBER HEALTH PREMIUM 09/26/95 1004 1,486.54 TOTAL FOR MONTH 49,824.38 TOTAL YEAR TO DATE 463,786.08 Claims List for Approval For the period__- 10/04/95 to 10/04/95_ 10/04/95 1011 - DUERRS WATERCARE SERVICE WATER/CUPS-SHOP AND SALT 10/04/95 1012 28.65 - ECM PUBLISHERS INC CLAIM TOTAL 1013 TO WHOM PAID FOR WHAT PURPOSE ___0Ajj_NUMBER _.— _ CLAIM__ LEAGUE OF MN CITIES INSURANCE TRUST GENERAL LIABILITY AND OPEN MEETING 10/04/95 1006 15,038.00 CUSTOM ELECTRIC BACKUP CONTROL,TRANSMITTER,ETC, A3_49 49 SERVICE FOR CITY HALL & GARAGE 10/04/95 10/04/95 1007 2,395.43 BOYER TRUCKS PIPES,CLAMPS,MUFFLER 10/04/95 1008 632.67 EARL G ANDERSON_ INC____ _ 5TREET SIGNS—___ PAMIDA INC FLY SWATER,DISH LIQUID.TWINE AT & T 1026 PHONE SERVICE 10/04/95 1010 27.76 BEST DISPOSAL SERVICE H, OCTOBER RECYCLING 10/04/95 1011 47.50 DUERRS WATERCARE SERVICE WATER/CUPS-SHOP AND SALT 10/04/95 1012 28.65 - ECM PUBLISHERS INC ORDINANCES & LEGAL NOTICES 10/04/95 1013 194.97 ELK RIVER MUNICIPAL UTILITIES ELECTRIC SER.-GAR.OLD CITY,ST.LIGHT 10/04/95 1014 660.67 GLENS TRUCK CENTER INC FILTER 10/04/95 1015 27.46 _THE HARDWARE _STORE�_._. -MI-SC-HDWE-.FLU5HyALVE - LIGHIS..WIRE__.1.OZ0A/9F 1016 A3_49 49 H, S FEED & GARDEN GRASS SEED 10/04/95 1017 2,130.00 LAPLANT --- SANI­TA.T_ION__INC .. __._OCTOBER GAR.._SER_.. SEPT RECYCLING__ 1 x/0419.5_1.018 1,034 ea _-- LEAGUE OF MN CITIES LEAGUE DUES 10/04/95 1019 3,464.00 LARRY _LEITHER,_____ _ REFUND RENIAL-DEPOS=-& 10.40419-5-1020-- ----.-b80_OII— LONG & SONS SEPT.CLEANING & STRIP,SEAL,WAX 10/04/95 1021 1,259.37 MINNEAPOLIS SPRING & BODY BRACKEET,SHOCK ABSORBER.LEVEL KIT _ 10/04/95 1022 620_81 MINNEGASCO SERVICE FOR CITY HALL & GARAGE 10/04/95 1023 119.36 NAPA OF ELK RIVERINC INC FILIEP,S ,CLAMPS-FI-TTING,AEROSOL- _.. _ 10104/95-1024- 101,70 JERRY OLSON BLDG.INSP FEES FOR SEPT 10/04/95 1025 1,935.72 PAMIDA INC FLY SWATER,DISH LIQUID.TWINE 10/04/95 1026 18.01 =T JOSEPHS EQUIPMENT Ird_: PARTS 10/04/95 1027 8.19 TF:UEMAN-WELTERS INC BLADE.BOLT,TONGUE,SPRING PIN,COVER 10/04/95 1028 127.22 J.S. WEST COMMUNICATION, PHONE ERVICE-CITY HALL ,GAF:.PARKS 10/04/95 1029 430.91 WF;IGHT-HENNEPIN C:O-OF' ELECTRIC ASSN ELECTF:iC SEP..WELL .CITY HALL .ST .LGTS 10,104/95 1C30 948.94 NIF•_�:�- `'JI i i F•iv.•�' :,F. i•:_n. �a.�.L•�7LL LAW LEu:iL _`_?VIC=` - ..EF'TEM3EF 1G/04,'Q'_, 11 :-Z _ .wc.1.00 G Claims List for Approval Fir the riper 10/04/95 to 10/04/95 CLAIM TOTAL TQ—WHOM-P1iID FOR WHAT PURPOSE DATE NUMBER CLAIM XEROX CORPORATON QUARTER MAINTENANCE 10/04/95 1033 80.00 UNIVERSITY OF MN ASSESSOR TRAINING 10/04/9/5 1034` 85.00 44 38,729.80 TOTAL FOR MONTH TOTAL YEAR TO DATE 604,224.13 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 9.Councii Items Clerk October 9, 1995 ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: ul .:SS.Cn Ci .zil_Tldi �.:f1Ct�i }[Jtlt_�dii .-n.Lm-a! ZonC=. Z.A. BACKGROUND The City Ccuncil asked _hat I cal'_ Montice'_le animal Control and gec sc:^e 4nforzat4 cn. REVIEW OF THE ISSUES We former'_�i had an Animal 'Warden when we were a Towns::. -L=- She moved ou_ of _cwn and we tried a couple of times to get someone to handle the Animal Control for us. As hard as we tried, it just did not work out. For the past several years (5 or 6) we have had no animal control, other than what the Sheriff's Department can handle, even though certain Council Members wish to have money in the budget for Animal Control. STAFF RECOMMENDATION The attached information is for your review and discussion. There is a letter from Patty Salzwdel, Animal Control Officer for Monticello Animal Control. There are two documents as follows: 1. An Agreement of Understanding 2. An Agreement for Service The City of Monticello owns the facility and subcontracts out to operate the facility. It is explained in the letter of September 26, 1995 from Patty Salzwedel. I did call Patty back and ask her if we would have to pay a monthly fee if we used the service or not. She said no, the owner of the animal/animals would pay the fee and City fine. The City would only have to pay if the owner did not claim the animal. Also, to refresh your memory, our fees as set out in our City Dog Ordinance are as follows: $25.00 fine the first time the dog is impounded $ 100.00 fine the second time the dog is impounded in a 12 Mo. period 5200.00 fine the third time the dog is impounded in a 12 Mo. period For your informationJ have attached a copy of our curtest Dog Ordinance w/amendments. Thank you, Monticello Animal Control ', 6 ;&'- 0-.. mo -06110, MN 55162 .612 295 3808 September 26, 1995 ,Mrs. Elaine Beatty City of Oste-o 8899 Nashua Ave NE Ostego, MN 55330 Re: Animal control services Dear Mrs. Beatty: 5 II� RILL -L -L Enclosed you will find two contracts that should provide you with the information that you need in reference to animal control/impoundment procedures. The one contract is from the City of Monticello. The city owns the facility, and subcontracts out to me to operate the facility. The boarding charges and disposal charges for a dog, if it is not claimed, are payable to the City of Monticello. The contract explains the breakdown of fees. Since we are smaller animal shelter, we do have a higher adoption placement of unclaimed animals. We work very hard to find new homes for every animal that we feel is adoptable. Generally the only animals that are euthanized are animals that have health problems, are too old, or have bad temperament. The second contract is for the picking up of the animals and delivering them to the shelter. I have been an animal control officer for the past 7 years. I am currently certified through the Minnesota Animal Control Association. Several of your surrounding cities and townships use our services, if you would like me to provide references. I am able to be reached by using the animal shelter phone, or by a pager that I carry on me while out on patrol. Most cities do try to have the animal contained for picking up, in order to keep the costs down. I feel that nuisance complaints, barking complaints, etc..., can still be handled through the sheriffs department, as this again would be most cost effective for you. I hope this is not too confusing. If you have any questions, please feel free to call me. I look forward to talking with you soon. Sincerely yours, Patty Salzwedel Animal Control Officer J�'L� c� - - paJec -# - a95 -798x. Cr. ..._s day c: C --.r of ucnt.cai-la, co as t e C:__%, and OL , i^._nnescta, _J as t:e cl_enE cc aerezy acree as :c:lews: The C_t,T, upon reaserahle request from the di=nt, s;.all open, the asiimal 7 -=cu -.d facilit'7 for ^.e delivery and intake of St --ay, unwanted, or iccse an_mals in the custody cf the client. The clie.^.t sial_ otoV=de th'3 C_'7 w_tn all infor'at_on. 'known aCcut animals de_'i'lerad _ icludinq, tut rct l_ri_ted t0, at ticks on humans, cw;ie_s:^. 7eterina'-7 med_ca; .._stor_7, d_ ncsi __cn and any infcr7at:Cn ::{n.^_wn by client t.' -at a--ec and safecv. 2. The City_ shah orovide sv el ler, care, and f?eC; nC :or the an=mals while imcounded. 3. The client shall pav to the Ct_T a fee of S per day for impoundment except that on any day an animal is discharged or disposed of prior to 1:00 p.m., there will be no charge. 4. The City shall, upon completion of the required impoundment duration, deliver the animal to a qualified veterinary medicine professional for humane disposal (euthanasia), or adopt the animal throuch the Humane Society or private adoption. 5. The client shall reimburse the City qff.00 for any type of disposal of an animal, including eutzanization, private adoption, or Humane Society adoption. 6. The City shall prepare and issue monthly an itemized statement of charges showing dates, length of impoundment, disposal, and when possible, the name of the owner of the animal. 7. The -City shall hold the client harmless for any damage to the impound facility caused by any animal and arising out of the City's negligence. S. The City shall hold the client harrLTess for any inju: r to and/or damage to the possessions of the City Animal Control Officer and Animal Impound Custodian arising out of the City's negligence while the anima'_ is impounded or otherwise under the responsibility of the Cit_r. 9. The City shall hold the client harmless against all claims of maltreatment, negligences and/or wrongful death of any animal arising out of the City's negligence while the animal is impounded or otherwise under the responsibility of the City. acraemen.t cc �rdarscard:nc ?ace 2 1 mti, raer- nt t,a 1 af*:!-'- za and effect until 0 . -- -s ac,. „e s, r m,.._.. :z rcr.. ecamter 3:, and sl. -,all be ranewed for are .,ear terns, Ur', -SZ eit: er =ar::'T nct.=_es tale of'—e: ca:t:7 at least 30 days ,or_cc tc "-'-e renewal Cate that it wis es to escort:..nue t:.is acree.ment. !I. E_t er -arty -rav, ucon 20 day writ- tan notice tc the of er party, d_sccnt:aue t:. -s acreement. This ac:aement is ::eranv adceted and entered into this OL - 1 Co�cc��-sr �r AGREEMENT FnR SERVICES This agreement, made this day of by and between the k /-57 (� a municipal corporation (hereinafter referred to as "City"), and Tracy and Patty Salzwedel, an individual (hereinafter cefercei as " Sal zwedeI's"), sets out terms and conditions for tiie general purpose of providing animal control to the cesidenr_s of the city. WHEREAS, the City has a duly adopted ordinance cegulating animal control, and WHEREAS, enforcement of said ordinance cannot be to standard employee scheduling procedures, and WHEREAS, the City desires to provide such enforcement through the services of a private party which will be able to respond as needed under the general guidelines provided by the City. NOW, THEREFORE, in and for consideration of the mutual convenants and conditions hereinafter contained, the parties hereto mutually agree as follows: 1. The City, in and for consideration cf the sum of pl per -Oj - payable on the last business day of each month, hereby contracts with the Salzwedel's for the period of twelve (12) months from the date of.,execution of this agreement for the services of the Salzwedel's as Animal Control Officers. 2. Salzwedel's hereby agree to perform substantially the following services as Animal Control Officers: a. Provides prompt, timely response to animal calls (complaints, reports of loose animals). Monday-Fciday 8:00 A.M. unti1�4:00 P.M. and Saturday 9:00 A.M. until W-00 P.M. b. Monitors care of kennels and animals. ANIMAL AGR: Page 1 C. Provides timely response to requests to reclaim animals from and/or impound animals at the facility other than during "public hours". (It is considece(f reasonable to respond to routine calls between 8:00 A.M. and 6:00 P.M. daily. Emergency calls can be expected to occur outside these hours.) Although timely telephone response to pager calls ace expected on Sunday, both parties agree that patrol servies on this day may be limited to urgent and / oc emergency calls. d. Exercises care to ensure the humane treatment of animals both in transport and during impoundment. e. Ensure collection of fines and impound fees prior to release of animals. f. Maintains accurate, current records for each animal. g. Maintains orderly records filing systems for easy retrieval of information. h. Makes timely submittal of logs and records to the City finance department. 3. Salzwedel's hereby agree to provide service six (6) days per week. If Salzwedel's cannot be on call for any period of time, Salzwedel's hereby agree to provide and pay for an approved replacement during such period. 4. Salzwedel's hereby agree to utilize his/her own vehicle to perform the aforementioned tasks, and further, to provide proper insurance coverage to indemnify and hold harmless the City from any claims or violations arising from the operation of said vehicle (certificate of insurance to be provided to City). 5. The City hereby agrees to provide and maintain appropriate insurance coverage for all City owned facilities and for all claims arising from any property damage, or from charges of neglect or inhumane treatment of animals, provided that Salzwedel's, as Animal Control Officers, observe and exercise all proper means of fulfilling the duties herein stated. ANIMAL AGR: Page 2 6. The City hereby agrees to assume the cost of the use of additional equipment such as live traps, capture tranquilizing gun, etc. Such use of this l equipment will be authorized by the City before using. 7. It is hereby agreed by both parties that this agreement may be terminated at any time by either party, with or without any reasons, provided that the party wishing to terminate this agreement shall provide written notice to the other party at least thirty (30) days prior to the effective date of the termination. This agreement shall run for the period first stipulated above and shall automatically renew itself for a like period unless a thirty (30) day written notice is given that one of the parties hereto desires to engage in discussion concerning the terms and conditions stated herein. COY\ C��t S1 LLA -2 \ City Administrator Date Animal Control Officer Date ANIMAL AGR: Page 3 CA .D,CATICN OF PICKUP' RESPONSIBLE JURISDICTION; REASCN FOR PICKUP: G ?'U =AL I-- Stray C1 Owner Release ❑ Custodial Release 7_ Injured DOA C Ass ? ist: a Cuarantlne: C 'U ;rcm -�w SPE•�1E3. Doo ❑ Cat (Deciawed: --Yes CNo) ❑ Squirrel ❑ Raccoon ❑ Other- SEX: therSE:<: AGE: APPRCXIMATE 'NEIGH C .Male � Female = Neutered . ❑ Under .1 months (Weaned: ❑ Yes ❑ Nc) s to g months C Adult pounds �RF=7' I COLOR: ; MARKINGS. i I I NAME: TAIL: ❑ Docked ❑ Full ❑ Curled EARS: I COAT: I C Cropped ❑ Erect ❑ Hanging ❑ Folded j ❑ Short ❑ Medium C Long ❑ Wiry C Curly C Clicoed COLLAR (COLOR AND Choke Chain ❑ Leather ❑ Nylon ❑ None ❑ Other MONTICELLO ANIMAL CONTRt IMPOUND REPORT CA .D,CATICN OF PICKUP' RESPONSIBLE JURISDICTION; REASCN FOR PICKUP: G ?'U =AL I-- Stray C1 Owner Release ❑ Custodial Release 7_ Injured DOA C Ass ? ist: a Cuarantlne: C 'U ;rcm -�w SPE•�1E3. Doo ❑ Cat (Deciawed: --Yes CNo) ❑ Squirrel ❑ Raccoon ❑ Other- SEX: therSE:<: AGE: APPRCXIMATE 'NEIGH C .Male � Female = Neutered . ❑ Under .1 months (Weaned: ❑ Yes ❑ Nc) s to g months C Adult pounds �RF=7' I COLOR: ; MARKINGS. i I I NAME: TAIL: ❑ Docked ❑ Full ❑ Curled EARS: I COAT: I C Cropped ❑ Erect ❑ Hanging ❑ Folded j ❑ Short ❑ Medium C Long ❑ Wiry C Curly C Clicoed COLLAR (COLOR AND Choke Chain ❑ Leather ❑ Nylon ❑ None ❑ Other Color: LICENSE: RABIES TAG: ORDER ID TAG: OWNER NOTIFIED: ❑ Yes ❑ No DATE: Numoer Year cay Numoer Year c4y COMMENTS: 1 10 TYPE: ❑ _ Drivers License ❑ Olher:__ 10 NUMBER: TELEPHONE NUME Notice is hereby given that unless animal is claimed on or before 4:00 P.M. on the 199_ the same will be sold or disposed of as provided by Minnesota Statutes 35.71. day of ISPOSITION: ❑ Returned to Owner ❑ Returned to Custodian ❑ Adopted ❑ Euth'd ❑ Died ❑ Other: Board days at $ $ Impound.......................................... $ Adoption.......................................... S Miscellaneous: Box, Vaccine .......... $ License ............................................ $ Disposition Fee .............................. $ Bill To: �I1n I certify that I have examined, identified, and received the above described animal as my own and pal J (date) l (ADDRESS - FILL IN ONLY IF ANIMAL'S HOME IS DIFFERENT THAN ADDRESS RELEASED TO): r '� NAME (PLEASE PRINT): SIGNATURE: Released by: White - File Yellow - Owner Pink - Billing Goldenrod - Anin NAME: STREET ADDRESS: CITY: STATE: ZIP CODE. DOB: 10 TYPE: ❑ _ Drivers License ❑ Olher:__ 10 NUMBER: TELEPHONE NUME li �I1n I certify that I have examined, identified, and received the above described animal as my own and pal J (date) l (ADDRESS - FILL IN ONLY IF ANIMAL'S HOME IS DIFFERENT THAN ADDRESS RELEASED TO): r '� NAME (PLEASE PRINT): SIGNATURE: Released by: White - File Yellow - Owner Pink - Billing Goldenrod - Anin ORDINANCE NO. 2 TOWN OF OTSEGO WRIGHT COUNTY, MINNESOTA AN ORDINANCE REGULATING THE KEEPING OF DOGS The Town Board of Supervisors of the Town of Otsego, Wright County, Minnesota, ordains: The existing Ordinance No. 2 regulating the keeping of dogs, is hereby repealed and this ordinance is hereby adopted in it's place. Section 1. Definitions A. As used herein the term "running at large" of dogs shall mean permitting any dog to go on or about the public streets, alleys, or other places in the Town, except the premises of the owner or harborer thereof, and at all times under control of a responsible person. A dog shall not be determined to be at large if engaged in wild game or animal hunting and under the control of its owner or a responsible person, or when engaged in obedience training and under the control of its owner or a responsible person. B. The term "harborer" of a dog shall mean any person who has the custody of any dogs or permits the same to be kept or to stay on or about his premises. 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 within the boundaries of the Town of Otsego, Wright County, Minnesota. D. The term "animal warden" shall mean that person from time to time appointed by the Otsego Town Board to carry out the duties 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 lot, premises, dwelling or dwelling unit in which three (3) or more dogs over the age of six (6) months are kept, harbored, owned or otherwise possessed, either on a commercial basis or scale for boarding or breeding, or on a private basis for personal use, enjoyment or profit." (an Amendment to Ordinance # 2 dated 6-14-95) Section 2. Running at Large Prohibited A. No dog shall be permitted to run at large within the limits of this Town. B. No person owning or harboring a dog shall permit the same to run at large within the limits of this Town. C. Any dog running at large shall be subject to seizure by the animal warden or any peace officer or by any person on whose premises the dog may be at large. Section 2.1 Certain Barking Dogs Prohibited --------------- ------------------------------------------ No person shall keep or harbor a dog which habitually barks, howls or cries between the hours of 10:00 P.M. and 6:00 A.M., and in doing so disturbs another person. Any such dog is hereby declared to be a public nuisance and may be impounded under procedures set forth in this Ordinance. Section 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 anyone other than the owner except as shall be committed in the defense of such owner, or in the defense of his family, or in the defense 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, motorbikes, snowmobiles, or other vehicles, on public grounds, streets or highways within the limits of this Town. f 2 Section 3. License Required ----------- -------------------- All dogs kept, harbored or maintained by their owners in the Township of Otsego shall be licensed and registered if over six months of age. Dog licenses shall be issued by the Clerk upon payment of a license fee of $10.00 for each male or female and upon receipt by the Clerk of a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies in compliance 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 certificate or letter from a qualified veterinarian showing that the Dog has been 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 shall expire on March 1 of the second (2nd) year following. Licenses shall be renewable after two (2) years if the Otsego Town Board deems the ordinance is effective. 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 each year. Section 3.1 Tag and Collar --------------- -------------------- Upon payment of the license fee, the Clerk shall provide and furnish, for each licensed dog, a metallic tag upon which there shall be stamped or engraved the registered number of the dog, the words "Otsego", and the year when licensed. Every Owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. In case a dog tag is lost or detroyed, a duplicate or new tag will be issued by the Clerk upon proof that such dog was licensed, and the payment of $2.50 for such duplicate. Dog tags shall not be transferable from one dog to another and no refunds shall be made on any dog license fee because of death of the dog or the owners leaving the Town before expiration of the 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 prior to March of the license year for which application is made. A certificate of vaccination or other statement to the same effect executed by a doctor qualified to practice veterinary 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 ----------------------------------------------------- The Town Board is empowered to contract with a dog pound keeper, a dog catcher, an animal warden, or any other officers, including police officers, necessary to enforce the provisions, terms and conditions of this Ordinance. Section 5. Impounding A. Any dog impounded within the Town limits shall be confined in a humane manner in an animal shelter designated by the Town Board. Any impounded dog shall be kept for not less than five (5) days, unless claimed during that period by its owner. All dogs impounded hereunder shall be fed and treated in a humane manner. B. Any person not an animal warden or peace officer impounding or seizing any dog so found running at large upon the premises of another, shall immediately notify the animal warden or a peace officer whose duty it shall be to call for such dog and impound it. Any person not an animal warden or peace officer seizing or picking up any dog running at large, shall not keep said dog any longer than six (6) hours without notifying the animal warden or surrendering it to the owner. The person who first takes such dog into custody shall inform the animal warden or peace officer of the name and address of the owner, if known. C. Upon impounding a dog under this Ordinance, the animal warden shall determine whether the dog has been licensed and vaccinated. If the 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 therefor as part of the redemption fees set forth in Section 7 of this Ordinance. Section 6. Notice of Impoundment -------------- -------------------------------- 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 notice of said impoundment shall be posted at the Town Hall. No sale or disposition of any dog impounded shall be made until the sixth (6) day after the posting or giving of the notice unless the date falls on a Sunday or holiday the following day. Section 7. Redemption ------------- ----------------- Any dog may be reclaimed from the animal shelter by its owner within the time specified in the notice by the payment to the Town Clerk of an impounding fee plus a daily boarding fee for each day or fraction of day said dog has been confined. The Town shall 4 impose an impounding fee of $25.00 to the owner for the first time a dog is impounded; $100.00 for the second time a dog is impounded within one 12 -month period; $200.00 for the third and each subsequent time a dog is impounded within one 12 month period. The amount of the dailey fee shall be equal to the per diem fee that the Town is charged for said boarding by the animal warden or dog catcher with which the Town Board has contracted. Not withstanding this section, the owner shall remain subject to all other penalties contained in this Ordinance. Section 8. Disposition of Unclaimed Dogs ------------- ----------------------------------------- Any dog which is not redeemed as heretofore provided may be sold for not less than the amounts provided in Section 7 to anyone desiring to purchase the dog if not requested by a licensed educational or scientific institution under Minnesota law. All sums received shall be placed in the general fund of the Town. The animal warden may also surrender any such 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 killed and buried by the animal warden. Section 9. Quarantine of Certain Dogs Any dog which bites a person shall be quairantined for such time as may be directed by the Town or County Health Office. During quarantine the animal shall be securely confined and kept from contact with any other animals. At the premises of the owner; however, if the Health Officer requires other confinement, the owner shall surrender the animal for the quarantine period to an animal shelter or shall, at his own expense place it in a veterinary hospital. Section 10. Summary Destruction of Certain Dogs ----------------------------------------------------------------- Whenever a peace officer has reasonable cause to believe that a particular dog presents a clear and immediate danger to residents of the Town because it is infected with rabies (hydrophobia) or because of a clearly demonstrated victious nature, the officer, after making reasonable attempts to impound such dog, may summarily destroy said dog, withstanding the notice requirements of Section 6 of this Ordinance. Section 11. 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 animal warden or peace officer, any dog impounded by him in compliance with 5 this Ordinance or to interfere in any manner with said officer or hinder said officer in the discharge of his duties under this Ordinance. Mr MM e ' .• Go•-oT4u • e • • -M • •Ti's * "E. The term "kennel" shall mean any lot, premises, dwelling or dwelling unit in which three (3) or more dogs over the age of six (6) months are kept, harbored. owned or otherwise possessed, either on a commercial basis or scale for boarding or breeding, or on a private basis for personal use, enjoyment or profit." Posted 4-29-93 Published 5-15-93 Section 12. Penalty Any person, firm, or corporation found quilty of violating any provision of this Ordinance shall be quilty of a misdemeanor and upon conviction therof shall be punished by a fine not to exceed $700.00, by imprisonment not to exceed ninety (90) days, or both. This Ordinance shall be effective upon publication. ATTEST: Jerome Perrault --------------------- Town Clerk eb Norman F Freske D