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08-13-12 CCCLAIMS LIST CITY COUNCIL MEETING AUGUST 13, 2012 TO: Tami Loff ITEM 3.1 Attached is the Claims List for the City Council. For more detail, please refer to the check detail registers. CLAIMS REGISTERS: VOIDED CHECKS: PAYROLL: 07-24-2012 $ 20,270.91 08-08-2012 $ 327,483.50 NONE 07-25-2012 $ 38,951.38 08-08-2012 $ 42,133.45 ELECTRONIC PYMTS FOR Bldg Permit Surcharge $ Century Link . ` $ Centerpoint Energy $ Dept. of Revenue -Fuel Tax $ Dept. of Revenue -Sales Tax $ Elk River Utilities $ Wright -Hennepin $ Delta Dental $ Aflac $ Total: $ GRAND TOTAL $ 428,839.24 Check # 51887 - # 51890 Check # 51891 - # 51972 If you have any questions or if you would like to review this list further, please let me know. Sue Frisch Finance Assistant Name 10100 BANK OF ELK RIVER CITY OF OTSEGO *Check Summary Register© JULY 2012 Check Date Check Amt Paid Chk# 051887 ALLIANCE BENEFIT GROUP HSA 7/24/2012 Paid Chk# 051888 ICMA RETIREMENT CORP 7/24/2012 Paid Chk# 051889 PUBLIC EMPLOYEES RETIREME 7/24/2012 Paid Chk# 051890 READY WATT ELECTRIC 7/24/2012 Total Checks $577.24 $675.00 PLAN #304185 $4,992.67 $14,026.00 SIREN INSTALLATION\ $20,270.91 -71,9)111a 474G42-11:37 AM Page 1 CITY OF OTSEGO *Check Detail Register© JULY 2012 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Paid Chk# 051887 7/24/2012 ALLIANCE BENEFIT GROUP G 101-21706 Hospitalization/Medical Ins $577.24 Total ALLIANCE BENEFIT GROUP $577.24 Paid Chk# 051888 7/24/2012 ICMA RETIREMENT CORP G 101-21705 Other Retirement $675.00 Total ICMA RETIREMENT CORP $675.00 Paid Chk# 051889 7/24/2012 PUBLIC EMPLOYEES RETIREMENT FD E 602-49450-121 PERA $52.95 E 601-49400-121 PERA $52.95 E 250-42410-121 PERA $127.66 E 101-43100-121 PERA $1,153.55 E 101-41600-121 PERA $529.05 E 101-41400-121 PERA $765.08 G 101-21704 PERA $2,311.43 3tal PUBLIC EMPLOYEES RETIREMENT FD $4,992.67 Paid Chk# 051890 7/24/2012 READY WATT ELECTRIC E 414-42000-390 Contracted Services $1,870.00 96601 E 414-42000-390 Contracted Services $12,156.00 96602 Total READY WATT ELECTRIC $14,026.00 10100 BANK OF ELK RIVER $20,270.91 Fund Summary 10100 BANK OF ELK RIVER 101 General Fund $6,011.35 250 Comm. Dev. & Bldg Safety $127.66 414 Revolving Capital Improvements $14,026.00 601 Water Fund $52.95 602 Sewer Fund $52.95 $20,270.91 aw\i;E13141 i"I SIREN INSTALLATION\ SIREN INSTALLATION\ 07/24/12 3:49 PM Page 1 CITY OF OTSEGO *Check Summary Register@ AUGUST 2012 Name Check Date Check Amt 10100 BANK OF ELK RIVER PORTA RENTAL - BASEBALL TOURNA Paid Chk# 051891 AFFORDABLE SANITATION 8/8/2012 Paid Chk# 051892 FLEX ONE - AFLAC 8/8/2012 Paid Chk# 051893 ALLIANCE BENEFIT GROUP HSA 8/8/2012 Paid Chk# 051894 AME RED - E - MIX, INC. 8/8/2012 Paid Chk# 051895 B & B HOFFMAN SOD FARMS IN 8/8/2012 Paid Chk# 051896 TIMOTHY P. BOYLE 8/8/2012 Paid Chk# 051897 BRAUN INTERTEC 8/8/2012 Paid Chk# 051898 TRACY BRENNING 8/8/2012 Paid Chk# 051899 BROCK WHITE CO LLC 8/8/2012 Paid Chk# 051900 CENTRA HOMES 8/8/2012 Paid Chk# 051901 CENTRAL WOOD PRODUCTS 8/8/2012 Paid Chk# 051902 CHARTER COMMUNICATIONS L 8/8/2012 Paid Chk# 051903 KYLE CHRISTEN 8/8/2012 Paid Chk# 051904 CITY OF ALBERTVILLE 8/8/2012 Paid Chk# 051905 CITY OF MONTICELLO 8/8/2012 Paid Chk# 051906 CITY OF ST. MICHAEL 8/8/2012 Paid Chk# 051907 CLIMB, INC. 8/8/2012 Paid Chk# 051908 CNA, LTC 8/8/2012 Paid Chk# 051909 ROSS E DEMANT 8/8/2012 Paid Chk# 051910 DEPT OF LABOR & INDUSTRY 8/8/2012 Paid Chk# 051911 DIAMOND MOWERS, INC. 8/8/2012 Paid Chk# 051912 DJ'S TOTAL HOME CENTER 8/8/2012 Paid Chk# 051913 ECM PUBLISHERS INC 8/8/2012 Paid Chk# 051914 ELECTION SYSTEMS & SOFTWA 8/8/2012 Paid Chk# 051915 ELK RIVER MUNICIPAL UTILITIE 8/8/2012 Paid Chk# 051916 ELK RIVER MUNICIPAL UTILITIE 8/8/2012 Paid Chk# 051917 ELK RIVER PRINTING 8/8/2012 Paid Chk# 051918 ENVENTIS TELECOM, INC. 8/8/2012 Paid Chk# 051919 FASTENAL COMPANY 8/8/2012 Paid Chk# 051920 FINKEN'S WATER CENTERS 8/8/2012 Paid Chk# 051921 FIRST LAB 8/8/2012 Paid Chk# 051922 GOPHER STATE ONE -CALL INC 8/8/2012 Paid Chk# 051923 GRAND RENTAL STATION 8/8/2012 Paid Chk# 051924 Void 8/8/2012 Paid Chk# 051925 HOME SECURITY ABSTRACT & 8/8/2012 Paid Chk# 051926 HOTSY EQUIPMENT OF MINNES 8/8/2012 Paid Chk# 051927 ICMA RETIREMENT CORP 8/8/2012 Paid Chk# 051928 JOHN DEERE FINANCIAL 8/8/2012 Paid Chk# 051929 LORI JOHNSON -WARNER 8/8/2012 Paid Chk# 051930 KERN, DEWENTER, VIERE LTD 8/8/2012 Paid Chk# 051931 LANO EQUIPMENT, INC. 8/8/2012 Paid Chk# 051932 ANDREA OR GERALD LAWSON 8/8/2012 Paid Chk# 051933 TAMI LOFF 8/8/2012 Paid Chk# 051934 LONG & SONS 8/8/2012 Paid Chk# 051935 MACARTHUR LAW OFFICE LLC 8/8/2012 Paid Chk# 051936 MARTIES FARM SERVICE INC 8/8/2012 Paid Chk# 051937 MENARDS 8/8/2012 Paid Chk# 051938 MID -AMERICA BACKFLOW PREV 8/8/2012 Paid Chk# 051939 MIDWEST LANDSCAPES 8/8/2012 Paid Chk# 051940 MINNESOTA COPY SYSTEMS 8/8/2012 Paid Chk# 051941 MN POLLUTION CONTROL AGEN 8/8/2012 Paid Chk# 051942 MN/WI PLAYGROUND 8/8/2012 Paid Chk# 051943 TERRI MUNICH 8/8/2012 Paid Chk# 051944 NAPA AUTO PARTS 8/8/2012 Paid Chk# 051945 NEWMAN TRAFFIC SIGNS 8/8/2012 Paid Chk# 051946 NEXTEL COMMUNICATIONS 8/8/2012 08/08/12 11:39 AM Page 1 $157.22 PORTA RENTAL - BASEBALL TOURNA $42.00 FLEX FEES $1,410.64 PPE 8/4/12 CH DTD 8/8/12 $3,619.59 CONCRETE FOR SHADE STRUCTURE $272.39 SOD - SHADE STRUCTURE $480.00 FIELD LINING $1,824.00 70TH ST - MF TO MARLOWE $16.74 UTIL REFUND - 7870 PADRE CV $507.66 SHADE STRUCTURE SUPPLIES $5,000.00 7267 QUIGLEY - LNDSCP/DRWY ESC $3,729.94 PLAYGROUND CHIPS $119.00 MONTHLY SERVICE $1,000.00 7599 LANNON - LNDSCP ESC REFUN $58,291.10 2ND QTR 2012 FIRE SVCS $7,011.84 3RD QTR 2012 FIRE $1,000.00 VACTOR DUMPING $100.00 GAMBLING LICENSE REFUND $97.10 LONG TERM CARE INS $83.34 AUG DEPOSIT - HSA ACCT #804092 $100.00 ANNUAL ELEVATOR PERMIT $13,145.63 MOWER FLAIL ATTACHMENT $151.61 THERMOMETERS $142.50 LEGAL - PUBLIC TESTING $390.00 NEW EQPT SUPPORT $7,895.00 DECORATIVE STREET LIGHTS $4,662.68 REPAIR DAMAGED POWER POLE $2,364.08 UB ENVELOPES, STMTS $562.12 TELEPHONE $46.19 MISC OPERATING SUPPLIES $78.02 BOTTLED WATER $39.95 PRE -EMPLOY: UDEE $391.70 LOCATE TICKETS $127.46 VIBRATOR RENTAL - SHADE STRUCT $0.00 $34.64 UTIL REFUND - 11594 79TH ST $1,235.23 PRESSURE WASHER PUMP REPAIR $675.00 PLAN #304185 $107.91 REPAIR SUPPLIES $83.34 AUG DEPOSIT - HSA ACCT #448-98 $750.00 1 ST QTR 2012 - INV/ACCT REVIEW $160.31 AUGER RENTAL - SHADE STRUCTURE $170.00 REFUND SKATE CAMP FEE $77.03 MILEAGE $1,215.98 CITY HALL JULY CLEANING $6,813.50 GEN'L $82.29 SEED - BEAUDRY PK DRAINAGE $679.32 BATTERY, MASONRY BIT, ROTARY $486.05 RPZ REBUILD - CART #1 $9,749.00 TREES & MULCH FOR WFE PARK $69.85 TOSHIBA ESTUDIO 282 MAINT/COPT $400.00 IND SW PERMIT FEE (EAST WWTF) $3,671.00 EQUIPMENT INSTALLATION @ PR PK $5,000.00 ESCROW REFUND $151.41 TOWELS $421.96 SIGN MAT'L $541.20 CELL PHONES CITY OF OTSEGO *Check Summary Register© AUGUST 2012 Name Check Date Check Amt Paid Chk# 051947 OFFICEMAX INCORPORATED 8/8/2012 Paid Chk# 051948 OMANN BROTHERS INC. 8/8/2012 Paid Chk# 051949 PEOPLE SERVICE INC. 8/8/2012 Paid Chk# 051950 PITNEY BOWES 8/8/2012 Paid Chk# 051951 PLAISTED COMPANIES 8/8/2012 Paid Chk# 051952 POMP S TIRE SERVICE INC 8/8/2012 Paid Chk# 051953 PUBLIC EMPLOYEES RETIREME 8/8/2012 Paid Chk# 051954 RANDY'S SANITATION 8/8/2012 Paid Chk# 051955 RICOH AMERICAS CORPORATIO 8/8/2012 Paid Chk# 051956 RICOH AMERICAS CORPORATIO 8/8/2012 Paid Chk# 051957 SEMLER HOMES INC 8/8/2012 Paid Chk# 051958 SOFTRONICS, INC. 8/8/2012 Paid Chk# 051959 STANDARD INSURANCE CO 8/8/2012 Paid Chk# 051960 RANDY & SANDY STANGLER 8/8/2012 Paid Chk# 051961 STREET SMART RENTAL 8/8/2012 Paid Chk# 051962 SUPERIOR LAWN 8/8/2012 Paid Chk# 051963 TARGET BANK 8/8/2012 Paid Chk# 051964 THE PLANNING COMPANY LLC 8/8/2012 Paid Chk# 051965 TRACTOR SUPPLY CREDIT PLA 8/8/2012 Paid Chk# 051966 TRI COMMUNICATIONS SECURI 8/8/2012 Paid Chk# 051967 UNITED STATES POSTAL SERVI 8/8/2012 Paid Chk# 051968 US INTERNET 8/8/2012 Paid Chk# 051969 USA BLUE BOOK 8/8/2012 Paid Chk# 051970 WRIGHT COUNTY AUDITOR -TRE 8/8/2012 Paid Chk# 051971 XCEL ENERGY 8/8/2012 Paid Chk# 051972 YALE MECHANICAL 8/8/2012 08/08/12 11:39 AM Page 2 $332.72 OFFICE SUPPLIES $107.40 AC FINES MIX $49,452.00 MONTHLY SERVICE $69.94 RED INK CARTRIDGE $660.14 SEALER & SPRAYER - SHADE STRUC $215.00 TIRE DISMOUNT/REMOUNT $5,015.32 #677600 PPE 8/4/12 CH DTD 8/8/ $272.01 8899 NASHUA AVE $379.43 RICOH COPIER LEASE $311.70 WIDE FORMAT PRINTER $7,500.00 7517 LANGLEY - LNDSCP/DRWY ESC $5,759.81 BLDG - LABOR $746.95 #150697 AUG LIFE INS $152.93 UTIL REFUND - 11619 77TH ST $10,313.44 WANCO SPEED TRAILER $2,912.34 W/S PROPERTIES $123.34 ELECTION SUPPLIES $11,714.09 COMP PLAN $70.52 MOWER BLADES $1,409.24 SECURITY/SFTWR UPGRADE $190.00 PERMIT #40 PRESORT RENEWAL $51.25 SECURENCE $418.93 DOLLY, MISC SUPPLIES $72,895.00 AUG SHERIFF PATROL $7,078.11 17388 52ND $1.897.37 FAN REPAIR - EAST WWTF Total Checks $327,483.50 CITY OF OTSEGO 08/08/1211:40 AM Page 1 *Check Detail Register© ra111clef-twzlliV Check Amt Invoice Comment 10100 BANK OF ELK RIVER Paid Chk# 051891 8/8/2012 AFFORDABLE SANITATION E 101-45250-440 Recreation Programming $157.22 10652 PORTA RENTAL - BASEBALL TOURNAMENT Total AFFORDABLE SANITATION $157.22 Paid Chk# 051892 8/8/2012 AFLAC -FLEX ONE E 101-41400-390 Contracted Services $42.00 411494ER FLEX FEES PPE 8/4/12 CH DTD 8/8/12 PPE 8/4/12 CH DTD 8/8/12 PPE 8/4/12 CH DTD 8/8/12 PPE 8/4/12 CH DTD 8/8/12 CONCRETE FOR SHADE STRUCTURE CONCRETE FOR SHADE STRUCTURE CONCRETE FOR SHADE STRUCTURE CONCRETE FOR SHADE STRUCTURE SOD - SHADE STRUCTURE FIELD LINING 70TH ST - MF TO MARLOWE UTIL REFUND - 7870 PADRE CV E203-45210-530 Improvements Other Than Bldgs $507.66 12223790-00 SHADE STRUCTURE SUPPLIES Total AFLAC -FLEX ONE $42.00 Paid Chk# 051900 Paid Chk# 051893 8/8/2012 ALLIANCE BENEFIT GROUP E 702-41400-310 E 250-42410-123 Health $83.34 Miscellaneous G 101-21706 Hospitalization/Medical Ins $577.24 Total CENTRA HOMES E 101-41600-123 Health $250.02 E 101-45200-210 E 101-43100-123 Health $500.04 Repair/Maint Supply (GENERAL) Total ALLIANCE BENEFIT GROUP $1,410.64 CENTRAL WOOD PRODUCTS Paid Chk# 051894 8/8/2012 AME GROUP 8/8/2012 CHARTER COMMUNICATIONS E 101-41400-390 E 203-45210-530 Improvements Other Than Bldgs $833.63 43659 E 203-45210-530 Improvements Other Than Bldgs $692.55 43691 E 203-45210-530 Improvements Other Than Bldgs $1,263.26 43732 E 203-45210-530 Improvements Other Than Bldgs $830.15 43757 Total AME GROUP $3,619.59 'Paid Chk# 051895 8/8/2012 B & B HOFFMAN SOD FARMS INC E 203-45210-530 Improvements Other Than Bldgs $272.39 42431 Total B & B HOFFMAN SOD FARMS INC $272.39 Paid Chk# 051896 8/8/2012 BOYLE, TIM E 101-45200-390 Contracted Services $480.00 Total BOYLE, TIM $480.00 'Paid Chk# 051897 8/8/2012 BRAUN INTERTEC E 403-43100-302 Engineering Fees $1,824.00 355053 Total BRAUN INTERTEC $1,824.00 Paid Chk# 051898 8/8/2012 BRENNING, TRACY R601-37150 Water Sales $16.74 Total BRENNING, TRACY $16.74 Paid Chk# 051899 8/8/2012 BROCK WHITE CO LLC PPE 8/4/12 CH DTD 8/8/12 PPE 8/4/12 CH DTD 8/8/12 PPE 8/4/12 CH DTD 8/8/12 PPE 8/4/12 CH DTD 8/8/12 CONCRETE FOR SHADE STRUCTURE CONCRETE FOR SHADE STRUCTURE CONCRETE FOR SHADE STRUCTURE CONCRETE FOR SHADE STRUCTURE SOD - SHADE STRUCTURE FIELD LINING 70TH ST - MF TO MARLOWE UTIL REFUND - 7870 PADRE CV E203-45210-530 Improvements Other Than Bldgs $507.66 12223790-00 SHADE STRUCTURE SUPPLIES Paid Chk# 051903 8/8/2012 CHRISTEN, KYLE 7259 QUIGLEY - LNDSCP/DRWY ESC REFUND 7267 QUIGLEY - LNDSCP/DRWY ESC REFUND PLAYGROUND CHIPS PLAYGROUND CHIPS MONTHLY SERVICE Total BROCK WHITE CO LLC $507.66 Paid Chk# 051900 8/8/2012 CENTRA HOMES E 702-41400-310 Miscellaneous $2,500.00 E 702-41400-310 Miscellaneous $2,500.00 Total CENTRA HOMES $5,000.00 Paid Chk# 051901 8/8/2012 CENTRAL WOOD PRODUCTS E 101-45200-210 Operating Supplies (GENERAL) $1,864.97 21841 E 101-45200-220 Repair/Maint Supply (GENERAL) $1,864.97 21954 Total CENTRAL WOOD PRODUCTS $3,729.94 Paid Chk# 051902 8/8/2012 CHARTER COMMUNICATIONS E 101-41400-390 Contracted Services $119.00 Total CHARTER COMMUNICATIONS $119.00 Paid Chk# 051903 8/8/2012 CHRISTEN, KYLE 7259 QUIGLEY - LNDSCP/DRWY ESC REFUND 7267 QUIGLEY - LNDSCP/DRWY ESC REFUND PLAYGROUND CHIPS PLAYGROUND CHIPS MONTHLY SERVICE *Check Detail Register© AUGUST 2012 08/08/12 11:40 AM Page 2 Check Amt Invoice Comment E 702-41400-310 Miscellaneous $1,000.00 7599 LANNON - LNDSCP ESC REFUND Total CHRISTEN, KYLE $1,000.00 Paid Chk# 051904 8/8/2012 CITY OF ALBERTVILLE E 101-42200-390 Contracted Services $29,145.55 20120080 1ST QTR 2012 FIRE SVCS E 101-42200-390 Contracted Services $29,145.55 20120080 2ND QTR 2012 FIRE SVCS Total CITY OF ALBERTVILLE $58,291.10 Paid Chk# 051905 8/8/2012 CITY OF MONTICELLO E 101-42200-390 Contracted Services $6,579.00 13051 3RD QTR 2012 FIRE E 101-42710-390 Contracted Services $432.84 13055 JUNE ANIMAL CONTROL Total CITY OF MONTICELLO $7,011.84 Paid Chk# 051906 8/8/2012 CITY OF ST. MICHAEL E 602-49450-419 SLUDGE HAULING $1,000.00 8022012-4 VACTOR DUMPING Total CITY OF ST. MICHAEL $1,000.00 Paid Chk# 051907 8/8/2012 CLIMB, INC. R 101-32180 Other Licenses/Permits $100.00 GAMBLING LICENSE REFUND Total CLIMB, INC. $100.00 Paid Chk# 051908 8/8/2012 CNA, LTC G 101-21705 Other Retirement $97.10 1092333 LONG TERM CARE INS Total CNA, LTC $97.10 Paid Chk# 051909 8/8/2012 DEMANT, ROSS (HSA) G 101-21706 Hospitalization/Medical Ins $83.34 AUG DEPOSIT - HSA ACCT #804092 Total DEMANT, ROSS (HSA) $83.34 Paid Chk# 051910 8/8/2012 DEPT OF LABOR & INDUSTRY E 101-43100-390 Contracted Services $100.00 ALR00207301 ANNUAL ELEVATOR PERMIT Total DEPT OF LABOR & INDUSTRY $100.00 Paid Chk# 051911 8/8/2012 DIAMOND MOWERS, INC. E 206-43100-501 Equipment $13,145.63 69227 -IN MOWER FLAIL ATTACHMENT Total DIAMOND MOWERS, INC. $13,145.63 Paid Chk# 051912 8/8/2012 DJ S TOTAL HOME CENTER E 101-45200-210 Operating Supplies (GENERAL) $6.40 63070 SOCKET E 101-43100-220 Repair/Maint Supply (GENERAL) $4.80 63103 ROD THREAD E 101-43100-393 Sign & Signal Mat I Purchased $16.00 63167 SIGN MAT'L E 101-41410-205 Election Supplies $17.08 63198 LOCKS & KEYS - ELECTIONS E 101-43100-210 Operating Supplies (GENERAL) $4.80 63457 BATTERIES E 101-43100-240 Small Tools/Equipment $76.91 63604 FANS, RULE TAPE E 101-43100-402 Repairs/Maint Buildings $25.62 63613 THERMOMETERS Total DJ S TOTAL HOME CENTER $151.61 Paid Chk# 051913 8/8/2012 ECM PUBLISHERS INC E 101-41400-350 Print & Publishing $82.50 IC353320 LEGAL - PUBLIC HEARING E 101-41410-350 Print & Publishing $60.00 IC353646 LEGAL - PUBLIC TESTING Total ECM PUBLISHERS INC $142.50 Paid Chk# 051914 8/8/2012 ELECTION SYS & SFTWR - CHICAGO E 101-41410-205 Election Supplies $390.00 823511 NEW EQPT SUPPORT Total ELECTION SYS & SFTWR - CHICAGO $390.00 Paid Chk# 051915 8/8/2012 ELK RIVER MUNICIPAL UTILITIES E 414-43100-390 Contracted Services $7,895.00 17524 DECORATIVE STREET LIGHTS CITY OF OTSEGO *Check Detail Register© AUGUST 2012 08/08/12 11:40 AM Page 3 Check Amt Invoice Comment Total ELK RIVER MUNICIPAL UTILITIES $7,895.00 Paid Chk# 051916 8/8/2012 ELK RIVER MUNICIPAL UTILITIES E 204-41400-310 Miscellaneous $4,662.68 17517 REPAIR DAMAGED POWER POLE Total ELK RIVER MUNICIPAL UTILITIES $4,662.68 Paid Chk# 051917 8/8/2012 ELK RIVER PRINTING & PARTY PLU E 602-49450-350 Print & Publishing $1,182.04 32327 UB ENVELOPES, STMTS E 601-49400-350 Print & Publishing $1,182.04 32327 UB ENVELOPES, STMTS Total ELK RIVER PRINTING & PARTY PLU $2,364.08 Paid Chk# 051918 8/8/2012 ENVENTIS E 250-42410-320 Telephone $281.06 TELEPHONE E 101-43100-320 Telephone $140.53 TELEPHONE E 101-41400-320 Telephone $140.53 TELEPHONE Total ENVENTIS $562.12 Paid Chk# 051919 8/8/2012 FASTENAL COMPANY E 101-43100-210 Operating Supplies (GENERAL) $46.19 MNELK38308 MISC OPERATING SUPPLIES Total FASTENAL COMPANY $46.19 Paid Chk# 051920 8/8/2012 FINKEN S WATER CARE E 101-41940-390 Contracted Services $78.02 BOTTLED WATER Total FINKEN S WATER CARE $78.02 Paid Chk# 051921 8/8/2012 FIRST LAB E 101-43100-201 Office Supplies and Expenses $39.95 546938 PRE -EMPLOY: UDEE Total FIRST LAB $39.95 Paid Chk# 051922 8/8/2012 GOPHER STATE ONE -CALL INC E 101-41560-348 Utility Locates $391.70 44346 LOCATE TICKETS Total GOPHER STATE ONE -CALL INC $391.70 Paid Chk# 051923 8/8/2012 GRAND RENTAL STATION E 203-45210-530 Improvements Other Than Bldgs $28.97 188389-1 VIBRATOR RENTAL - SHADE STRUCTURE E 203-45210-530 Improvements Other Than Bldgs $98.49 188581-1 TRENCHER RENTAL - SHADE STRUCTURE Total GRAND RENTAL STATION $127.46 Paid Chk# 051925 8/8/2012 HOME SECURITY ABSTRACT & TITLE R 601-37150 Water Sales $34.64 UTIL REFUND - 11594 79TH ST rotal HOME SECURITY ABSTRACT & TITLE $34.64 Paid Chk# 051926 8/8/2012 HOTSY EQUIPMENT OF MINNESOTA E 101-43100-210 Operating Supplies (GENERAL) $304.20 40620 SOAP FOR PRESSURE WASHER E101-43100-400 Repairs & Maint - Cont $931.03 40620 PRESSURE WASHER PUMP REPAIR Total HOTSY EQUIPMENT OF MINNESOTA $1,235.23 Paid Chk# 051927 8/8/2012 ICMA RETIREMENT CORP G 101-21705 Other Retirement $675.00 PPE 8/4/12 PLAN #304185 Total ICMA RETIREMENT CORP $675.00 Paid Chk# 051928 8/8/2012 JOHN DEERE FINANCIAL E 101-45200-220 Repair/Maint Supply (GENERAL) $46.75 1101708 REPAIR SUPPLIES E 101-45200-220 Repair/Maint Supply (GENERAL) $32.06 1102445 REPAIR SUPPLIES E 101-45200-220 Repair/Maint Supply (GENERAL) $29.10 1102595 REPAIR SUPPLIES Total JOHN DEERE FINANCIAL $107.91 Paid Chk# 051929 8/8/2012 JOHNSON -WARNER, LORI (HSA) G 101-21706 Hospitalization/Medical Ins $83.34 AUG DEPOSIT - HSA ACCT #448-98887 CITY OF OTSEGO *Check Detail Register© Total JOHNSON -WARNER, LORI (HSA) Paid Chk# 051930 8/8/2012 KDV E101-41600-304 Accounting & Auditing Total KDV Paid Chk# 051931 8/8/2012 LANO EQUIPMENT, INC. AUGUST 2012 Check Amt Invoice Comment $83.34 $750.00 152810 1 ST QTR 2012 - INV/ACCT REVIEW $750.00 E203-45210-530 Improvements Other Than Bldgs $160.31 77667 Total Total LANO EQUIPMENT, INC. $160.31 Paid Chk# 051932 8/8/2012 LAWSON, GERALD OR ANDREA R 101-34711 Contracted Prog (PR.04) $170.00 $11.35 Total LAWSON, GERALD OR ANDREA $170.00 $44.91 Paid Chk# 051933 8/8/2012 LOFF, TAMI Improvements Other Than Bldgs $95.27 E 101-41410-321 Mileage/Travel $77.03 $34.82 91712 Total LOFF, TAMI $77.03 $239.31 Paid Chk# 051934 8/8/2012 LONG & SONS Improvements Other Than Bldgs $10.22 E 101-41940-389 Cleaning Services $748.13 12-334 E 101-41940-203 Other Supplies $52.24 12-334 E 101-43100-389 Cleaning Services $363.37 12-334 E 101-43100-210 Operating Supplies (GENERAL) $52.24 12-334 94009 Total LONG & SONS $1,215.98 $20.05 Paid Chk# 051935 8/8/2012 MACARTHUR LAW OFFICE LLC G701-22426 FIN PLATARBOR CRK 3 $261.00 G701-22279 KITTREDGE CROSSING 11TH $971.50 G701-22272 KC 6TH REPLAT (TO KC 10TH) $551.00 E 101-41700-301 Legal Services $5,030.00 Total MACARTHUR LAW OFFICE LLC $6.813.50 Paid Chk# 051936 8/8/2012 MARTIES FARM SERVICE INC E 408-43100-220 Repair/Maint Supply (GENERAL) $82.29 832651 Total MARTIES FARM SERVICE INC $82.29 Paid Chk# 051937 8/8/2012 MENARDS E 101-45200-220 Repair/Maint Supply (GENERAL) $11.35 90681 E 203-45210-530 Improvements Other Than Bldgs $44.91 91268 E 203-45210-530 Improvements Other Than Bldgs $95.27 91676A E 203-45210-530 Improvements Other Than Bldgs $34.82 91712 E 101-43100-240 Small Tools/Equipment $239.31 91858 E 203-45210-530 Improvements Other Than Bldgs $10.22 93222 E 101-43100-402 Repairs/Maint Buildings $29.64 93235 E 203-45210-530 Improvements Other Than Bldgs $13.32 93324 E 203-45210-530 Improvements Other Than Bldgs $37.91 93932 E 203-45210-530 Improvements Other Than Bldgs $24.57 94009 E 101-43100-402 Repairs/Maint Buildings $20.05 95170 E 101-43100-402 Repairs/Maint Buildings $20.05 95536 E 101-43100-402 Repairs/Maint Buildings $97.90 96030 Total MENARDS $679.32 08/08/12 11:40 AM Page 4 AUGER RENTAL - SHADE STRUCTURE REFUND SKATE CAMP FEE MILEAGE CITY HALL JULY CLEANING CITY HALL SUPPLIES PW JULY CLEANING PW SUPPLIES ARBOR CREEK 3RD KITTREDGE 11TH KITTREDGE 10TH GEN'L SEED - BEAUDRY PK DRAINAGE PARKS SUPPLIES SHADE STRUCTURE SUPPLIES SHADE STRUCTURE SUPPLIES SHADE STRUCTURE SUPPLIES BATTERY, MASONRY BIT, ROTARY HAMMER SHADE STRUCTURE SUPPLIES FILTER, WALL ANCHORS SHADE STRUCTURE SHADE STRUCTURE SUPPLIES SHADE STRUCTURE SUPPLIES WALL ANCHORS WALL ANCHORS WALL ANCHORS Paid Chk# 051938 8/8/2012 MID -AMERICA BACKFLOW PREVENTER E 601-49400-400 Repairs & Maint - Cont $155.96 1200242 RPZ REBUILD - CART #4 E 601-49400-400 Repairs & Maint - Cont $155.96 1200243 RPZ REBUILD - CART #1 E 101-43100-400 Repairs & Maint - Cont $174.13 1200269 RPZ REPAIR - PW WASH BAY :al MID -AMERICA BACKFLOW PREVENTER $486.05 CITY OF OTSEGO 08/08/1211:40 AM Page 5 *Check Detail Register© AUGUST 2012 Check Amt Invoice Comment Paid Chk# 051939 8/8/2012 MIDWEST LANDSCAPES E 414-45210-530 Improvements Other Than Bldgs $9,749.00 T20011-0001 TREES & MULCH FOR WIFE PARK Total MIDWEST LANDSCAPES $9,749.00 Paid Chk# 051940 8/8/2012 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rentals $46.95 93125 TOSHIBA ESTUDIO 45 MAINT/COPIES E 101-43100-413 Office Equipment Rentals $22.90 93125 TOSHIBA ESTUDIO 282 MAINT/COPIES Total MINNESOTA COPY SYSTEMS $69.85 Paid Chk# 051941 8/8/2012 MN POLLUTION CONTROL E 602-49450-201 Office Supplies and Expenses $400.00 4400095934 IND SW PERMIT FEE (EAST WWTF) Total MN POLLUTION CONTROL $400.00 Paid Chk# 051942 8/8/2012 MN/WI PLAYGROUND E 205-45210-501 Equipment $3,671.00 2012197 EQUIPMENT INSTALLATION @ PR PK Total MN/WI PLAYGROUND $3,671.00 Paid Chk# 051943 8/8/2012 MUNICH, TERRI G 701-22274 MUNICH CUP $5,000.00 ESCROW REFUND Total MUNICH, TERRI $5,000.00 Paid Chk# 051944 8/8/2012 NAPA OF ELK RIVER INC E 101-43100-210 Operating Supplies (GENERAL) $73.88 631238 ANTIFREEZE E 101-43100-220 Repair/Maint Supply (GENERAL) $5.03 631720 RADIATOR CAP E 101-43100-220 Repair/Maint Supply (GENERAL) $6.38 632481 ADAPTER E 101-43100-210 Operating Supplies (GENERAL) $38.35 632946 BRAKE CLEANER E 101-43100-210 Operating Supplies (GENERAL) $27.77 634210 TOWELS Total NAPA OF ELK RIVER INC $151.41 Paid Chk# 051945 8/8/2012 NEWMAN TRAFFIC SIGNS E 101-43100-393 Sign & Signal Mat I Purchased $421.96 TI -0251557 SIGN MAT'L Total NEWMAN TRAFFIC SIGNS $421.96 Paid Chk# 051946 8/8/2012 NEXTEL COMMUNICATIONS E 101-43100-320 Telephone $541.20 184430382-05 CELL PHONES Total NEXTEL COMMUNICATIONS $541.20 Paid Chk# 051947 8/8/2012 OFFICEMAX E 101-41400-201 Office Supplies and Expenses $272.11 101722 OFFICE SUPPLIES E 101-41410-205 Election Supplies $7.97 223913 OFFICE SUPPLIES E 101-41400-201 Office Supplies and Expenses $52.64 223913 OFFICE SUPPLIES Total OFFICEMAX $332.72 Paid Chk# 051948 8/8/2012 OMANN BROTHERS INC. E 101-43100-434 Blacktop Supplies $107.40 9786 AC FINES MIX Total OMANN BROTHERS INC. $107.40 Paid Chk# 051949 8/8/2012 PEOPLE SERVICE INC. E 602-49450-390 Contracted Services $748.94 19623 RETRO - JULY E 601-49400-390 Contracted Services $15,041.52 19623 MONTHLY SERVICE E 602-49450-390 Contracted Services $33,323.48 19623 MONTHLY SERVICE E 601-49400-390 Contracted Services $338.06 19623 RETRO - JULY Total PEOPLE SERVICE INC. $49,452.00 Paid Chk# 051950 8/8/2012 PITNEY BOWES E 101-41400-201 Office Supplies and Expenses $69.94 5501975836 RED INK CARTRIDGE Total PITNEY BOWES $69.94 CITY OF OTSEGO 08/08/1211:40 AM Page 6 *Check Detail Register© AUGUST 2012 Paid Chk# 051952 8/8/2012 POMP S TIRE SERVICE INC E 101-43100-400 Repairs & Maint - Cont Check Amt Invoice Comment Paid Chk# 051951 8/8/2012 PLAISTED COMPANIES $240.00 700001296 TIRE DISMOUNT/REMOUNT Total POMP S TIRE SERVICE INC E 203-45210-530 Improvements Other Than Bldgs $71.57 14029 SHADE STRUCTURE SUPPLIES E 203-45210-530 Improvements Other Than Bldgs $45.90 14156 SEALER - SHADE STRUCTURE E 203-45210-530 Improvements Other Than Bldgs $291.70 14247 SEALER & SPRAYER - SHADE STRUCTURE E 203-45210-530 Improvements Other Than Bldgs $45.90 14289 SEALER - SHADE STRUCTURE E 203-45210-530 Improvements Other Than Bldgs $191.73 44621 BLACK DIRT - SHADE STRUCTURE E 203-45210-530 Improvements Other Than Bldgs $13.34 44621 GRAVEL - SHADE STRUCTURE E 602-49450-121 Total PLAISTED COMPANIES $660.14 #677600 PPE 8/4/12 CH DTD 8/8/12 3tal PUBLIC Paid Chk# 051952 8/8/2012 POMP S TIRE SERVICE INC E 101-43100-400 Repairs & Maint - Cont ($25.00) 700000719A REF CH #51869 E 101-43100-400 Repairs & Maint - Cont $240.00 700001296 TIRE DISMOUNT/REMOUNT Total POMP S TIRE SERVICE INC $215.00 E 101-45200-325 Paid Chk# 051953 8/8/2012 PUBLIC EMPLOYEES RETIREMENT FD CART RENTAL - PRAIRIE PARK E 101-41400-121 PERA $762.33 #677600 PPE 8/4/12 CH DTD 8/8/12 G 101-21704 PERA Paid Chk# 051955 $2,321.91 #677600 PPE 8/4/12 CH DTD 8/8/12 E 101-41600-121 PERA $529.05 #677600 PPE 8/4/12 CH DTD 8/8/12 E 101-43100-121 PERA $1,158.10 #677600 PPE 8/4/12 CH DTD 8/8/12 E 250-42410-121 PERA $132.45 #677600 PPE 8/4/12 CH DTD 8/8/12 E 601-49400-121 PERA $55.74 #677600 PPE 8/4/12 CH DTD 8/8/12 E 602-49450-121 PERA $55.74 #677600 PPE 8/4/12 CH DTD 8/8/12 3tal PUBLIC EMPLOYEES RETIREMENT FD $5,015.32 Paid Chk# 051954 8/8/2012 RANDY S SANITATION E 101-43100-325 Garbage Service $122.27 13400 90TH ST E 101-41940-325 Garbage Service $135.70 8899 NASHUA AVE E 101-45200-325 Garbage Service $14.04 CART RENTAL - PRAIRIE PARK Total RANDY S SANITATION $272.01 Paid Chk# 051955 8/8/2012 RICOH AMERICAS CORPORATION E 101-41400-413 Office Equipment Rentals $379.43 15147295 RICOH COPIER LEASE Total RICOH AMERICAS CORPORATION $379.43 Paid Chk# 051956 8/8/2012 RICOH AMERICAS CORPORATION E250-42410-410 Rentals (GENERAL) $311.70 15147296 WIDE FORMAT PRINTER Total RICOH AMERICAS CORPORATION $311.70 Paid Chk# 051957 8/8/2012 SEMLER HOMES INC E 702-41400-310 Miscellaneous $2,500.00 11691 75TH - LNDSCP/DRWY ESC REFUND E 702-41400-310 Miscellaneous $2,500.00 7517 LANGLEY - LNDSCP/DRWY ESC REFUND E 702-41400-310 Miscellaneous $1,000.00 7551 LANGLEY - LNDSCP ESC REFUND E 702-41400-310 Miscellaneous $1,500.00 7505 LANGLEY - DRWY ESC REFUND Total SEMLER HOMES INC $7,500.00 Paid Chk# 051958 8/8/2012 SOFTRONICS, INC. E 250-42410-390 Contracted Services $75.00 2385 BLDG - LABOR E 101-41650-309 Computer Software and Design $147.43 2385 IT - UPS W/CABLE NETWORK PROT E 601-49400-390 Contracted Services $25.00 2385 UTIL - LABOR E 101-41650-390 Contracted Services $942.19 2385 IT - LABOR E 414-41945-390 Contracted Services $795.19 2385 PW BUILDOUT E 602-49450-390 Contracted Services $25.00 2385 UTIL - LABOR E 414-41945-390 Contracted Services $3,750.00 2385 PW BUILDOUT Total SOFTRONICS, INC. $5,759.81 Paid Chk# 051959 8/8/2012 STANDARD INSURANCE CO E 101-41600-130 Other Employer Paid Ins $157.39 #150697 AUG LIFE INS E 250-42410-130 Other Employer Paid Ins $82.36 #150697 AUG LIFE INS CITY OF OTSEGO Total TPC $11,714.09 Paid Chk# 051965 8/8/2012 TRACTOR SUPPLY E101-43100-210 Operating Supplies (GENERAL) $70.52 200078460 MOWER BLADES Total TRACTOR SUPPLY $70.52 Paid Chk# 051966 8/8/2012 TRI COMMUNICATIONS SECURITY SV E 101-43100-402 Repairs/Maint Buildings $1,409.24 13171 SECURITY/SFTWR UPGRADE -otal TRI COMMUNICATIONS SECURITY SV $1,409.24 Paid Chk# 051967 UNITED STATES POSTAL SERVICE $95.00 PERMIT #40 PRESORT RENEWAL $95.00 PERMIT #40 PRESORT RENEWAL *Check Detail Register© E 601-49400-206 Postage AUGUST 2012 Postage Check Amt Invoice Comment E 101-43100-130 Other Employer Paid Ins $350.29 #150697 AUG LIFE INS E 602-49450-130 Other Employer Paid Ins $13.41 #150697 AUG LIFE INS E 101-41400-130 Other Employer Paid Ins $130.08 #150697 AUG LIFE INS E 601-49400-130 Other Employer Paid Ins $13.42 #150697 AUG LIFE INS Total STANDARD INSURANCE CO $746.95 Paid Chk# 051960 8/8/2012 STANGLER, RANDY & SANDY R 601-37150 Water Sales $152.93 UTIL REFUND - 11619 77TH ST Total STANGLER, RANDY & SANDY $152.93 Paid Chk# 051961 8/8/2012 STREET SMART RENTAL E 206-43100-501 Equipment $10,313.44 121061 WANCO SPEED TRAILER Total STREET SMART RENTAL $10,313.44 Paid Chk# 051962 8/8/2012 SUPERIOR LAWN E 602-49450-390 Contracted Services $633.23 569 W/S PROPERTIES E 601-49400-390 Contracted Services $633.24 569 W/S PROPERTIES E 101-45200-390 Contracted Services $1,645.87 569 PARK PROPERTIES Total SUPERIOR LAWN $2,912.34 Paid Chk# 051963 8/8/2012 TARGET BANK E 101-41400-201 Office Supplies and Expenses $9.52 14560939239 DESKTOP MICROPHONE E 101-41600-201 Office Supplies and Expenses $27.81 24560873353 BINDERS E 101-43100-210 Operating Supplies (GENERAL) $10.36 24560877348 GATORADE E 101-41400-201 Office Supplies and Expenses $43.68 24560885054 CC MTG SUPPLIES E 101-41410-205 Election Supplies $31.97 24560885054 ELECTION SUPPLIES Total TARGET BANK $123.34 Paid Chk# 051964 8/8/2012 TPC E 101-41570-303 Planning Fees $650.00 927 PARKS E 203-45210-303 Planning Fees $350.00 927 SHADE STRUCTURE E 414-45210-303 Planning Fees $350.00 927 WIFE PARK E 101-41570-303 Planning Fees $100.00 928 HPC E 101-41400-347 Newsletter $400.00 930 OTSEGO VIEW E 101-41570-303 Planning Fees $500.00 931 MISC UTILITIES E 101-41900-303 Planning Fees $750.00 932 ECON DEV E 101-41570-303 Planning Fees $1,650.00 933 COMP PLAN E 101-41570-303 Planning Fees $100.00 934 OTSEGO FESTIVAL E 101-41570-303 Planning Fees $1,950.00 935 GEN'L E 250-42410-303 Planning Fees $1,994.09 936 GEN'L - CODE G 701-22275 KALEIDOSCOPE CUP $420.00 937 KALEIDOSCOPE G701-22272 KC 6TH REPLAT (TO KC 10TH) $720.00 938 KC 10TH E 101-41570-303 Planning Fees $360.00 939 JAMFEST G701-22279 KITTREDGE CROSSING 11TH $420.00 940 KC 11TH E 101-41570-303 Planning Fees $1,000.00 941 MTGS Total TPC $11,714.09 Paid Chk# 051965 8/8/2012 TRACTOR SUPPLY E101-43100-210 Operating Supplies (GENERAL) $70.52 200078460 MOWER BLADES Total TRACTOR SUPPLY $70.52 Paid Chk# 051966 8/8/2012 TRI COMMUNICATIONS SECURITY SV E 101-43100-402 Repairs/Maint Buildings $1,409.24 13171 SECURITY/SFTWR UPGRADE -otal TRI COMMUNICATIONS SECURITY SV $1,409.24 Paid Chk# 051967 UNITED STATES POSTAL SERVICE $95.00 PERMIT #40 PRESORT RENEWAL $95.00 PERMIT #40 PRESORT RENEWAL 8/8/2012 E 601-49400-206 Postage E 602-49450-206 Postage 08/08/12 11:40 AM Page 7 CITY OF OTSEGO *Check Detail Register© AUGUST 2012 Check Amt Invoice Comment 08/08/12 11:40 AM Page 8 Total UNITED STATES POSTAL SERVICE $190.00 101 General Fund $177,490.50 Paid Chk# 051968 8/8/2012 US INTERNET 204 Insurance Reserve $4,662.68 205 Park Equipment Capital Fund E 101-41400-390 Contracted Services $51.25 986138 SECURENCE 403 Collector Roads Fund Total US INTERNET $51.25 $82.29 414 Revolving Capital Improvements Paid Chk# 051969 8/8/2012 USA BLUE BOOK $20,316.55 602 Sewer Fund $42,676.15 E 101-43100-240 Small Tools/Equipment $147.44 726415 DOLLY, MISC SUPPLIES E101-45200-220 Repair/Maint Supply (GENERAL) $271.49 726415 CURB BOX, ROD, GATE VALVE & SVC BOX KEYS FOR PARKS Total USA BLUE BOOK $418.93 Paid Chk# 051970 8/8/2012 WRIGHT COUNTY AUDITOR -TREASURE E 101-42100-390 Contracted Services $72,895.00 PATROL -12-8 AUG SHERIFF PATROL tal WRIGHT COUNTY AUDITOR -TREASURE $72,895.00 Paid Chk# 051971 8/8/2012 XCEL ENERGY E 602-49450-322 Utilities $213.11 16935 56TH E 602-49450-322 Utilities $55.48 17388 52ND E 601-49400-322 Utilities $2,416.30 5750 RANDOLPH - WELL #3 E 602-49450-322 Utilities $4,393.22 5850 RANDOLPH Total XCEL ENERGY $7,078.11 Paid Chk# 051972 8/8/2012 YALE MECHANICAL E 602-49450-402 Repairs/Maint Buildings $246.25 131093 COIL CLEANING - WEST WWTF E 101-43100-402 Repairs/Maint Buildings $1,359.87 131094 COIL CLEANING/FILTERS - PW E 602-49450-402 Repairs/Maint Buildings $291.25 131925 FAN REPAIR - EAST WWTF Total YALE MECHANICAL $1,897.37 10100 BANK OF ELK RIVER $327,483.50 Fund Summary 10100 BANK OF ELK RIVER 101 General Fund $177,490.50 203 Park Development $5,958.57 204 Insurance Reserve $4,662.68 205 Park Equipment Capital Fund $3,671.00 206 Capital Equipment Revolving $23,459.07 250 Comm. Dev. & Bldg Safety $2,960.00 403 Collector Roads Fund $1,824.00 408 Otsego Creek Watershed $82.29 414 Revolving Capital Improvements $22,539.19 601 Water Fund $20,316.55 602 Sewer Fund $42,676.15 701 Development Eascrows Fund $8,343.50 702 Builders Escrow Fund $13,500.00 $327,483.50 OTSEGO CITY COUNCIL MEETING OTSEGO CITY HALL July 23, 2012 6:00 PM Call to Order. Mayor Jessica Stockamp called the meeting to order at 6:00 PM. Roll Call: Mayor Jessica Stockamp; Councilmembers: Vern Heidner, Dan Scharber and Doug Schroeder. CM Tom Darkenwald arrived at 6:02 PM. Staff: Lori Johnson, City Administrator; Gary Groen, Finance Director; Tami Loff, City Clerk and Ross Demant, Parks and Recreation Manager. Pledge of Allegiance: Mayor Stockamp led in the Pledge of Allegiance. 1. Open Forum. Heather Eidem, New River Medical Center Representative, gave a hospital update. 2. Consider agenda approval. CM Heidner motioned to approve. Seconded by CM Schroeder. All in favor. Motion carried. 3. Consent Aaenda. (Non -controversial items). 3.1 Approve Claims List. 3.2 Approve City Council Meeting Minutes. A. July 9, 2012 6:00 PM Meeting. B. July 9, 2012 Special Meeting. C. July 9, 2012 Special Meeting Executive Session. 3.3 Received Commission Minutes. A. Heritage Preservation Commission June 12, 2012. B. Parks & Recreation Commission June 13, 2012. 3.4 Pay Estimates: A. Approve Pay requests to Ready Watt in the amount of $12,156.00 & $1,870. 00 for siren installs. 3.5 Approve update to the Personnel Policy. 3.6 Approve Resolution 2012-57 accepting conference table from HAK. 3.7 Approve Resolution 2012-58 for City Hall relocation. 3.8 Approve Resolution 2012-59 allowing Rockwoods JamFest use of the official City logo advertising their event for 2012. 3.9 Approve Dental Insurance renewal. 3.10 Approve Water and Sewer Study. 3.11 Approve Informational Signage. 3.12 Approve Riverwood National Lift Station Pumps. 3.13 Approve revised Public Works Uniform Policy. 3.14 Summary of City Administrator Performance Review. CM Heidner motioned to approve. Seconded by CM Scharber. All in favor. Motion carried. 4. Administration. 4.1 Consider Scharber and Sons invoice. CM Darkenwald motioned to approve invoice in the amount of $3,418.93. Seconded by CM Heidner. All in favor. Motion carried 4-0. CM Scharber abstained. 4.2 Knife River request to assess SAC/WAC fees. City Administrator Johnson presented the staff report. CM Heidner said we have not given 2% interest in the past and his concern is that another company may for the same terms. City Administrator Johnson said that this is a unique situation; the business suffered a fire causing them to rebuild which required the building to connect to City services. She further stated that language referencing the unique circumstances of this situation is included in the agreement to differentiate it from other requests. She indicated the interest rate was based on the return the City is receiving on investments with a similar term. CM Darkenwald asked what the bond interest rate is. Finance Director Groen said 3.4%. CM Darkenwald requested that the interest rate should be increased to 2.7% splitting the difference between 2% and 3.4%. Knife River Representative Jerry Lang stated that is acceptable. CM Darkenwald motioned to approve the Agreement between the City of Otsego and Knife River regarding payment and assessment of City SAC and WAC fees with 2.7%. Seconded by CM Heidner. All in favor. Motion carried. Mayor Stockamp said to make sure we have documentation that this is a unique situation. 5. Staff Reports and Updates. 5.1 City Hall update. City Administrator Johnson gave an update on the City Hall project. City Administrator Johnson said that the project is currently under budget and will be completed on time. She stated that a two of items that have come up including correcting the hot water issue from the original building construction. The cost to install check valves and related items to fix the problem is $2,150 which she approved in order to get this required repair completed on time. The next item is the tile/carpet issue on the lower level in the building safety area. The estimate to replace the carpet in the hall and behind the reception counter is $2,140. She requested Council direction on this item. CM Schroeder motioned to add the tile issue to the Special meeting following this meeting. Seconded by CM Darkenwald. All in favor. Motion carried. City Administrator Johnson said an item came to light today that staff would like Council direction on tonight because of the timing of completing the work with a contractor currently completing a City project. The issue that there currently no cross walks at County Road 42 and County Road 39. The City Engineer received a quote in the amount of $1,231 from Astech, the contractor currently working for the City, to stripe the crosswalks. CM Heidner asked if we know when the County will do any seal coating in that area because he doesn't want to pay for the cross walks and then have the County seal coat or overlay the road. The City Council agreed to proceed with striping the crosswalks contingent upon City staff confirming with the County that no work will be done by the County in this area for at least two years. Finance Director Groen gave an update on the storm damage claim from 2010-11 and for the West and East Waste Water Facilities. Parks and Recreation Manager Demant gave an update on the shade structure in Prairie Park and the new play structure. 6. City Council Reports and Updates. Mayor Stockamp asked about the status of the City's Festival donation. City Administrator Johnson stated that the Festival organizers were previously notified that the City has committed to the contribution as long as the 501(c) 3 paperwork was filed, which according to the organizers has been done. The Festival organizers will need to turn in receipts to be reimbursed for eligible expenses. She further stated that Parks and Recreation Manager Demant is working with the Festival as the main staff contact person. 7. Adjourn. CM Scharber motioned to adjourn. Seconded by CM Darkenwald. All in favor. Motion carried. Adjourned at 6:32 PM. ATTEST: Tami Loff, City Clerk 3 Mayor 3essica Stockamp SPECIAL CITY COUNCIL MEETING OTSEGO CITY HALL July 23, 2012 *6:00 PM Call to Order. Mayor Jessica Stockamp called the meeting to order at 7:04 PM. Roll Call: Mayor Jessica Stockamp; Councilmembers: Vern Heidner, Dan Scharber, Doug Schroeder and Tom Darkenwald. Staff: Lori Johnson, City Administrator; Gary Groen, Finance Director and Tami Loff, City Clerk. 1. Tile Issue. CM Scharber motioned to approve replacing the carpet with tile up to the wall of the reception counter and hallway on the lower level. Seconded by CM Darkenwald. All in favor. Motion carried. 2. 2013 Budget. City Administrator Johnson reviewed the staff report and presented a PowerPoint presentation on the preliminary 2013 budget, tax levy, and reserve fund levies. She indicated that staff is requesting input from Council on the proposed budget including program changes, staff reorganization, levels of service, cost of living adjustment, and funding strategic planning goals. City Administrator Johnson reviewed market value and tax capacity data. CM Darkenwald asked staff to provide comparative market value and tax capacity data for St. Michael and Monticello. Reserve fund levies were discussed in depth. Finance Director Groen went through the financial data for each fund and responded to questions from the Council. The Council concurred with all of the proposed 2013 reserve fund levies. Finance Director Groen presented the proposed debt levies and the City's outstanding debt obligations. CM Scharber asked for future material to include each bond's interest rate. The City Council recommended exploring refinancing. City Administrator Johnson said that City staff will work with the financial advisors on refunding and restructuring options. Finance Director Groen and City Administrator Johnson presented summary information on the preliminary 2013 General Fund budget. They reviewed all General Government department budgets with the Council. The City Council directed City staff to reorganize to start a Community Development department. No other changes were made. The Public Safety department budgets were reviewed. The budgets were discussed and no changes were made. The next scheduled budget meeting is August 13 to review the Public Works and Recreation department budgets. 3. Any other items. 3.1 Wright County Sheriff/Probation. There was discussion of relocating the Sheriffs department's Otsego office to 8899 Nashua and the use of City Hall for Wright County Sheriff Department probation meetings with probationers. The City Council said they had not approved this use and only became aware when clients were noticed going into the office when Public Works Subcommittee meetings were held. City Administrator Johnson stated that to her knowledge this has been going on for several years. The Council expressed concern with the potential conflicts of public recreation use at 8899 Nashua and the probationers. CM Scharber motioned that no probation meetings can be held at the City facilities. Seconded by CM Darkenwald. All in favor. Motion carried. 4. Adjourn. CM Scharber motioned to adjourn. Seconded by CM Schroeder. All in favor. Motion carried. Adjourned at 9:31 PM. ATTEST: Tami Loff, City Clerk Mayor Jessica Stockamp *immediately following the adjournment of the City Council meeting at 6:00 PM. ITEM 3-3A OTSEGO PARKS AND RECREATION COMMISSION MEETING OTSEGO CITY HALL July 11, 2012 7:00 PM Call to Order. Vice Chair Vonberg called the meeting to order at 7:04 PM. Roll Call: Vice -Chair Charles Vonberg; Commissioners; Kathy Roberts, Triste Freeberg, Rose Cassady and Mike Brumm. Absent: Chair Peter Torresani; Commissioners; Susan Krekelberg and Jim Kjendle. City Council: Mayor Jessica Stockamp and Councilmember Doug Schroeder. City Staff: Ross Demant, Parks and Recreation Manager and Sandy Lindenfelser, Special Licensing. 1. Open Forum. No items. 2. Consider Agenda Approval. Commissioner Roberts motioned to approve the agenda. Seconded by Commissioner Cassady. All in favor. Motion carried. 3. Consider the Following Minutes. 3.1. June 132012 Regular Meeting Minutes. Commissioner Freeberg motioned to approve the minutes. Seconded by Commissioner Brumm. All in favor. Motion carried. 4. Unfinished Business. No items 5. New Business. 5.1. Move Slidinq Hill. 5.2. Establish a skate rink East of Public Works. Parks and Recreation Manager Demant presented the plans to move the sliding hill from its current location in Prairie Park to the East side of the Public Works building and to install a skating rink to the South of the sliding hill. Parks and Recreation Manager Demant said that City staff thought it would also be a good idea to use the sliding hill as the backdrop for movies on movie night. Lighting will be installed by Wright Hennepin Electric. The installation of a skating rink south of the sliding hill will be done this fall and then taken down again in the spring. There is no plan at this time to put up a warming house. Benches will be installed for use at the sliding hill and skating rink. Parks and Recreation Manager Demant will have maintenance costs for the skating rink at the next Parks and Recreation meeting. City Staff would like a recommendation from the Parks and Recreation Commission to move forward to City Council for approval of these projects. Commissioner Roberts motion to recommend that City Council approve moving the Sliding Hill to the East side of the Public Works building and approve the establishing of a skating rink to the South of the sliding hill. Seconded by Commissioner Cassady. All in favor. Motion carried. 6. Parks and Recreation Manager Update. Parks and Recreation Manager Demant updated the Commission on the following items. The sails structure was approved and will be installed the second week of July, this will take approximately one week to complete. A disc golf course is proposed to be installed in Prairie Park with costs being covered by grant money. City Hall will be moving to the Public Works building and the current City Hall building will become a Community Center. New play equipment consisting of a new swing set and web crawler will be installed in Prairie Park with completion by the end of next week. 7. City Council Reports. No items 8. Information. 9. Adjourn by 10 PM. Commissioner Cassady motioned to adjourn the meeting. Seconded by Vice Chair Vonberg. All in favor. Meeting adjourned at 7:40 PM. Written by Sandy Lindenfelser, Special Licensing ITEM 3_313 OTSEGO PLANNING COMMISSION MEETING OTSEGO CITY HALL 3ULY 16, 2012 7 PM Call to Order. Chair Black called the meeting to order at 7:00 PM. Roll Call: Chair Pam Black; Commissioners: David Thompson, Richard Nichols, Aaron Stritesky, Brian Gerten and Jim Kolles. Excused absence: Tammie Fallon. City Council: CM Vern Heidner. Staff: Daniel Licht, City Planner; and Tami Loff, City Clerk. 1. Consider the following minutes. 1.1 June 18, 2012 Planning Commission Meeting. Commissioner Nichols motioned to approve as written. Seconded by Commissioner Thompson. All in favor. Motion carried. 2. Non -Public Hearing item: 2.1 Comprehensive Plan update. City Planner Licht presented the draft Community Perspectives section of the Comprehensive Plan update. CM Heidner said that the County is redistricting their boards and that may have an effect on the transportation plan. Commissioner Gerten asked on the plans for achieving this plan. City Planner Licht said the Comprehensive Plan is a long term decision making guide and does not include specific measures, which may be part of other implementation tools. Commissioner Gerten said regarding the Parks and Trails; we have the river but nothing highlighting it do we have something specific planned for drawing people to the area. City Planner Licht said it is a work in progress; there is the Waterfront East Park and the Kadler Avenue river entrance along with proposed Park and access at CSAH 42 and Highway 101. Commissioner Gerten asked about the City's influence on the School Districts as to development of a high school and other facilities to strengthen community identity. City Planner Licht responded that the City advises the school districts of its growth plans and that facilities such as a high school will be constructed when the population warrants. 3. Update on City Council actions. CM Heidner updated the Commissioners on City Council actions. 4 Update on future Planning Commission Agenda items. City Clerk Loff said that next scheduled meeting is August 6, 2012. The Planning Commission agreed to a 6:30 PM start time for that meeting. 5. Adjourn. Commissioner Stritesky motioned to adjourn. Seconded by Commissioner Gerten. All in favor. Motion carried. Adjourned at 7:37 PM. Pam Black, Chair ATTEST: Tami Loff, City Clerk 111 OtsezoTF MINNETCDO DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Public Works City Engineer Wagner August 13, 2012 PRESENTER(s): REVIEWED BY: ITEM #: City Engineer Wagner City Administrator Johnson 3.4A AGENDA ITEM DETAILS RECOMMENDATION: City Staff Recommends payment in the amount of $2,582.00 for the relocation of one pole and siren. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: Council approved the relocation of the siren for 2012 to provide the residents with better warning coverage. SUPPORTING DOCUMENTS: X ATTACHED X NONE List: Invoice from Ready Watt MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve payment to Ready Watt Electric in the amount of $2,582 for siren relocation. BUDGET INFORMATION FUNDING: 414 Revolving Capital Improvement Fund ACTION TAKEN BUDGETED: X YES ❑ NO In 2012 CIP in the amount of $35,500. ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: Ready Watt ELECTRIC 8700 171st Avenue NW Ramsey MN 55303 Phone (763) 241-4944 Fax (763) 241-5245 www.readywattelectric.com rschiller@readywattelectric.com Invoice Date Invoice # 7/23/2012 96625 Bill To Hakanson Anderson 3601 Thurston Avenue Anoka, MN 55303 Attention: Ronald J. Wagner P.O. No. Terms Due Date Project Net 30 3/22/2012 12-454 Move Otsego Siren Description Amount Move Siren from River Road NE to Padgett Avenue NE and install under 2.582.00 ground power to siren, If there are any additional questions please call me. Bob Schiller 612-282-4840 Over 40 years of Civil Defense Siren experience, installation, maintenance, and consulting. 0� � tiapK ,ti' If payment is not received with in 30days 1 1/21%, interest penalty will be added to the total of the invoice. Thank you for your business, Bob Schiller 612-282-4840 Total $2,582.00 0 OtCI�egoF MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Public Works City Engineer Wagner August 13, 2012 PRESENTER(s): REVIEWED BY: ITEM #: City Engineer Wagner City Administrator Johnson 3.46 AGENDA ITEM DETAILS RECOMMENDATION: City Staff recommends approval of Pay Estimate #1. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: Annual street maintenance as per the Otsego Pavement Management Program. SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE List: Pay Estimate # 1 MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve Pay Estimate #1 in the amount of $168,471.41 to ASTECH for placement, micro surfacing, fog seal and striping in various locations within Otsego. BUDGET INFORMATION FUNDING: BUDGETED: X YES 201 Pavement Management Fund ❑ NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: PAY ESTIMATE #1 CITY OF OTSEGO 2012 Street Maintenance Project Improvement Project 12-02 August 6, 2012 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: 2012 Street Maintenance Project, Improvement Project 12-02 Contractor. Asphalt Surface Technologies Corp. ContractAmount: $184,555.00 Award Date: May 31, 0212 Completion Date: July 31, 2012 Dear Honorable Mayor and Council Members: The following work has been completed on the above -referenced project by Asphalt Surface Technologies Corp ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT CONTRACT UNIT PRICE CONTRACTAMOUNT USED TO DATE EXTENSION 1 PAVEMENT MESSAGE(ARROW) - PAINT Mobilization 1 LS $10,000.00 $ 10,000.00 1 $ 10,000.00 2 2356.606 Bituminous Material for Micro Surfacing 16,650 GAL $3.50 $ 58,275A0 18,225.23 $ 63,788.31 3 2356.609 Micro Surfacing Scratch Course 270 TON $139.00 $ 37530.00 301 $ 41,839.00 4 2356.609 Micro Surfacing Surface Course 270 TON $139.00 $ 37,530.00 301 $ 41,839.00 5 1 2355.502 Bituminous Material for Fog Seal - CSSA H 1 5,500 1 GAL 1 $3.001 $ 16,500.00 1 5,1911 $ 15,573.00 Total Bid Schedule "A" $ 159.835.00 $ 173.039.31 ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT CONTRACT UNITPRICE CONTRACTAMOUNT USED TO DATE EXTENSION 1 2582.501 PAVEMENT MESSAGE(ARROW) - PAINT 19 EACH $50.00 $ 950.00 $ 2 2582.502 INTERIM PAVEMENT MARKING -4" DOUBLE SOLID YELLOW PAINT 23,000 LF $0.22 $ 5060.00 19,541 $ 4299.02 3 2582.502 4" DOUBLE SOLID LINE YELLOW - PAINT 23,000 LF $0.15 $ 3,450.D0 $ 4 2582.502 4" SOLID LINE WHITE - PAINT 36,750 LF $0.10 $ 3,675.00 $ 5 2582.502 12" SOLID LINE WHITE - PAINT 1,550 LF $1.80 $ 2790.00 $ 6 2582.502 24" SOLID LINE WHITE - PAINT 400 LF $3.50 $ 1,400.00 $ 7 2582.502 24" SOLID LINE YELLOW - PAINT 250 LF $3.10 $ 775.00 $ 8 2582.503 CROSSWALK MARKING 3'X6' BLOCKS - PAINT 900 SF $1.80 $ 1,620.00 $ 9 2563.601 TRAFFIC CONTROL 1 LS $5,000.00 $ 5,000.00 $ Total Bid Schedule "B" $ 24.720.00 Bid Schedule "A" Bid Schedule "B" TOTAL Total Work Completed to Date LESS 5% RETAINAGE: WE RECOMMEND PAYMENT OF APPROVALS: CONTRACTOR: ASPHALT SURFACE TECHNOLOGIES CORP. Certification by Contractor. I certify that all items and amounts are correct for the work completed to date. ENGINEER: HAKANSON ANDERSON Certification by Engineer. We recommend payment for work and quantities as shown. Signed: OWNER: CITY OF OTSEGO Signed: S:WunicipalWOTSEGO\387\2012\PayEstimatesbt387pe-12-02 PE- 1 $ 159,835.00 $ 24,720.00 $ 184,555.00 $ 4,299.02 $ 173,039.31 $ 4,299.02 $ 177,338.33 $ 177,338.33 $ 8,866.92 $ 168,471.41 ots,,.F o MINNESOTA g DEPARTMENT INFORMATION Request for City Council Action ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Public Works City Engineer Wagner August 13, 2012 PRESENTER(s): REVIEWED BY: ITEM #: City Engineer Wagner City Administrator Johnson 3.4C AGENDA ITEM DETAILS RECOMMENDATION: City Staff recommends approval of Pay Estimate #2 - Final. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: SUPPORTING DOCUMENTS: x ATTACHED ❑ NONE List: Pay Estimate # 2 - Final MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve Pay Estimate #2 - Final in the amount of $413.92 to Fehn Companies for construction of storm water utilities with Island View Estates. BUDGET INFORMATION FUNDING: I BUDGETED: x YES Assessed and General Fund ACTION TAKEN ❑ NO n APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: PAY ESTIMATE #2 - FINAL CITY OF OTSEGO Island View Estates Drain Tile August 6, 2012 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Island View Estates Drain Tile Contractor: Fehn Companies Contract Amount: $8,728.40 Award Date: September 16, 2011 Completion Date: October 10, 2011 Dear Honorable Mayor and Council Members: The following work has been completed on the above -referenced project by Fehn Companies. Rirl Cr h.ri„I. "A" _ 1.1—A %1i.— P-4.. main Til. ITEM NO. ITEM DESCRIPTION ESTIMATED I QUANTITY UNIT CONTRACT UNIT PRICE CONTRACT AMOUNT USED TO DATE EXTENSION 1 6" Plastic Drain Tile 468 LF $ 10.00 $ 4,680.00 580 $ 5,800.00 2 Catch Basin 2 EA $ 1,000.00 $ 2,000.00 1 $ 1,000.00 3 Seeding 1 LS $ 900.00 $ 900.00 0.50 $ 450.00 4 1 Blanket 10,000 SF $ 0.10 $ 1,000.00 4,584 $ 458.40 5 12" CPP 50 LF $ 10.00 $ 500.00 0 $ Total Bid Schedule "A" $ 9,080.00 $ 7,708.40 Bid Schedule "B" - Field Modifications TEM ESTIMATED CONTRACT USED TO NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE CONTRACT AMOUNT DATE EXTENSION 1 6" Schedule 40 32 LF $ 10.00 S 320.00 1 32 $ 320.0( 2 Cleanouts 2 EA $ 125.00 S 250.00 1 2 $ 250.0( Total Bid Schedule "B" Bid Schedule "A" Bid Schedule "B" TOTAL Total Work Completed to Date LESS Pay Estimate #1 WE RECOMMEND PAYMENT OF $ 570.00 $ 9,080.00 $ 570.00 APPROVALS: CONTRACTOR: FEHN COMPANIES Certification by Contractor: I certify that all items and amounts are correct for the work completed to date. ENGINEER: HAKANSON ANDERSON Certification by Engineer: We recommend payment for work and quantities as shown. Signed: Date OWNER: CITY OF OTSEGO Signed: Title: Date S:\Municipal\AOTSEGO\433\Pay Estimates\ot433PE2 PE - 1 $ 570.00 $ 7,708.40 $ 570.00 $ 8,278.40 $ 8,278.40 $ 7,864.48 $ 413.92 1W ot�TI F O MINNFSOTA g DEPARTMENT INFORMATION Request for City Council Action ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Public Works City Engineer Wagner August 13, 2012 PRESENTER(s): REVIEWED BY: ITEM #: City Engineer Wagner City Administrator Johnson 3.4D AGENDA ITEM DETAILS RECOMMENDATION: City Staff recommends approval of Pay Estimate #1. ARE YOU SEEKING APPROVAL Of A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: Annual street maintenance as per the Otsego Pavement Management Program. SUPPORTING DOCUMENTS: x ATTACHED ❑ NONE List: Pay Estimate # 1 MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve Pay Estimate #1 in the amount of $284,939.47 to Pearson Bros., Inc. for placement of seal coat and striping in various locations within Otsego. BUDGET INFORMATION FUNDING: BUDGETED: x YES 201 Pavement Management Fund and ❑ NO Albertville Reimbursement ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: PAY ESTIMATE #1 CITY OF OTSEGO 2012 Street Maintenance Project Improvement Project 12-01 August 6, 2012 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: 2012 Street Maintenance Project, Improvement Project 12-01 Contractor: Pearson Bros., Inc. Contract Amount: $322,093.15 Award Date: May 31, 0212 Completion Date: July 31, 2012 Dear Honorable Mayor and Council Members: The following work has been completed on the above -referenced project by Pearson Bros., Inc. Id Schedule "A" • SEAL COAT TEM ESTIMATED CONTRACT UNIT USED TO NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACTAMOUNT DATE EXTENSION 1 BITUMINOUS MATERIAL FOR SEAL COAT CR 55,190 GAL $2.98 $ 164,467.30 55,191.00 $ 164,469.11 2 SEAL COAT AGGREGATE FA -2 250.865 SY $0.54 $ 135,467.10 250,865.001 $ 135 467.11 Total Bid Schedule "A" $ 299,934.40 S 299.936.28 ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT CONTRACT UNIT PRICE CONTRACT AMOUNT USED TO DATE EXTENSION 1 PAVEMENT MESSAGE(ARROW) - PAINT 72 EACH $55.00 $ 3,960.00 $ 2 4" DOUBLE SOLID LINE YELLOW - PAINT 33,250 LF $0.10 $ 3,325.00 $ 3 4" BROKEN LINE WHITE - PAINT 2,000 LF $0.01 $ 20.00 $ 4 4" SOLID LINE YELLOW - PAINT 1,775 LF $0.05 $ 88.75 $ 5 4" SOLID LINE WHITE - PAINT 67,500 LF $0.05 $ 3,375.00 $ 6 12" SOLID LINE WHITE - PAINT 2,300 LF $2.00 $ 4,600.00 $ 724" SOLID LINE WHITE - PAINT 340 LF $2.50 $ 850.00 $ 8 24" SOLID LINE YELLOW - PAINT 770 LF $2.00 $ 1,540.00 $ 9 CROSSWALK MARKING 3'X6' BLOCKS - PAIN 1,700 SF $2.00 $ 3,400.00 $ 10 TRAFFIC CONTROL 1 LS $1,000.00 $ 1,000.00 $ Total Bid Schedule "B" S 22,168.75 $ Bid Schedule "A" $ 299,934.40 $ 299,936.28 Bid Schedule "B" $ 22,158.75 $ TOTAL $ 299,936.28 Total Work Completed to Date $ 299,936.28 LESS 5% RETAINAGE: $ 14,996.81 WE RECOMMEND PAYMENT OF: $ 284,939.47 APPROVALS: CONTRACTOR: PEARSON BROS., INC. Certification by Contractor: I certify that all items and amounts are correct for the work completed to date. Signed: Title: Date ENGINEER: HAKANSON ANDERSON Certification by Engineer: We recommend payment for work and quantities as shown. Signed: Title: Date OWNER: CITY OF OTSEGO S:\Municipal%OTSEGO\387\2012\Pay Estimates\ot387pe - 12-01 PE - 1 F Otsezo MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Finance Finance Director Groen August 13, 2012 PRESENTER(s): REVIEWED BY: ITEM #: Consent Agenda City Administrator Johnson 3.5 AGENDA ITEM DETAILS RECOMMENDATION: Recommend approval of the 2012 contract with the City of Albertville for fire protection services. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: The City recently received the 2012 fire protection agreement from the City of Albertville. The proposed agreement for 2012 is $116,582.20, compared to $112,943.36 for 2011, and $108,724.24 for 2010. The increase was 3.8% for 2011 and is 3.2% with the 2012 proposed fire protection agreement. The fire protection agreement is based on a percentage of the tax capacity valuation of the Otsego properties served by the Albertville fire department. This is fully explained in Section Two of the proposed fire protection agreement. The total fire contract expenditure budget for 2012 totaled $345,000. The actual 2012 fire service expenditures will total $347,923 or .85% more than the budget estimate. The agreement is automatically renewed annually on January 1St unless notification is provided by either party to the agreement six months prior to the renewal date. SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE List: Albertville Fire Protection Agreement MOTION: (Please word motion as you would like it to appear in the minutes.) Approve the 2012 fire protection agreement with the City of Albertville BUDGET INFORMATION FUNDING: BUDGETED: X YES General Fund No ACTION TAKEN ❑ APPROVED AS REQUESTED o DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS 2012 FIRE PROTECTION AGREEMENT WITH THE CITY OF OTSEGO This agreement made and entered into by and between the City of Albertville, a municipal corporation of the County of Wright in the State of Minnesota, and the City of Otsego, in the County of Wright in the State of Minnesota. WHEREAS, Otsego desires the services of the fire department of Albertville in case of fires occurring in Otsego, as well as the emergency medical services of Albertville in case of a medical emergency, and WHEREAS, Albertville maintains a volunteer fire department with emergency medical response capability, which department is available to provide fire protection and emergency medical response services to properties located in Otsego, and THEREFORE, it is agreed by and between said parties as follows: 1. Albertville, through its fire department, shall provide fire protection and emergency medical response services to those properties in Otsego. Such fire protection and emergency medical response services shall be provided from January 1 through December 31, 2012. 2. Otsego shall agree to pay Albertville $116,582.20 ("Fire Service Fee") in exchange for the provision of fire protection and emergency medical response services as described above. Payment due for the year 2011 shall be made in four installments of $29,145.55 on or before April 1, 2012, $29,145.55 on or before July 1, 2012, $29,145.55 on or before October 1, 2012, and $29,145.55 on or before December 31, 2012. The Fire Service Fee is subject to change based on the Fire District Tax Capacity Values which are not available from Wright County until July of each year. The final Fire Service Fee shall be calculated by multiplying the adjusted fire department budget of $352,386.70 (consisting of the fire department budget less state fire aids received) times the value of the 2011 Tax Capacity within the Fire District that is located in Otsego divided by the total 2011 Tax Capacity of the entire Fire District. Albertville shall issue a final bill to Otsego within 60 days of the release of the 2012 Tax Capacity information for the Fire District from the Wright County Auditor's Office. 3. Albertville's obligation to provide fire protection service and emergency medical response shall be subject to the following: a. If road and weather conditions at the time of the call are such that the fire/medical run cannot be made with reasonable safety to men and equipment, in the opinion of the Fire Chief or his Deputy in charge, no obligation arises under this agreement on the part of the City of Albertville to answer such call. b. In the event that a sufficient amount of the fire fighting/medical equipment and the number of volunteer firemen, or both, are committed at the time of the fire call, in sole judgment of the Fire Chief or his Deputy, to fighting pre-existing fires or attending pre- MAPublic DataTire Department\fire contractsTire Service Contract12 - Otsego.doc existing medical emergencies, so as to render the available equipment and manpower inadequate to answer a. fire or medical call from Otsego, no obligation shall arise under this agreement to answer such call, and no person or party shall have recourse against the City of Albertville for refusal to answer such call. c. In the event a fire call by Otsego is answered by Albertville, but before the fire in question is extinguished, the fire fighting equipment or volunteer firemen, or both, are needed to fight a fire in Albertville or protect property in Albertville from a fire, the Chief or his Deputy without liability therefore to any person or to Otsego under this agreement, may in their judgement recall the fire equipment and firemen to Albertville for the purpose of fighting the fire in Albertville. The judgement of the Fire Chief or his Deputy shall be final and no person or party shall have recourse against the City of Albertville for any damages or losses resulting from such action or decision. d. The parties acknowledge that Albertville has entered into mutual aid contracts with other fire departments in other municipalities, and that a fire call under any such contract preceding a call in Otsego could be a valid and reasonable basis for the decision of the Fire Chief or his Deputy in refusing to answer a fire call in Otsego. 4. This agreement shall automatically renew each January lst, unless either party notifies the other party of its intent to terminate this Agreement as set forth below. Such notification must be received in writing by July 1St in order to terminate this contract on the following December 31St. The Fire Service Fee for each renewal shall be calculated using the formula set out in paragraph 1 above, except that the adjusted fire department budget and the tax capacities shall be those for the renewal year. S. Because the City of Albertville has heretofore entered into mutual assistance fire fighting agreements with other municipalities possessing fire fighting equipment and firemen, which equipment and firemen could be called by the Chief or his Deputy to a fire or other emergency in Otsego, the City of Otsego agrees to pay such additional cost as may be incurred thereby if in the sole judgement of the Chief or his Deputy, such additional fire fighting equipment/emergency response equipment and firemen are needed to respond to an emergency in Otsego and are in fact called to such emergency by the Chief or his Deputy. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of , 2012. M. CITY OF ALBERTVILLE Mark Meehan, Mayor ATTEST: Kimberly Olson City Clerk CITY OF OTSEGO Jessica Stockamp, Mayor Lori Johnson City Administrator MAPublic DataTire Departmentlfire contractsTire Service Contract12 - Otsego.doc 2 Otsezo MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Finance Finance Director Groen August 13, 2012 PRESENTER(s): REVIEWED BY: ITEM #: Consent Agenda City Administrator Johnson 3.6 AGENDA ITEM DETAILS RECOMMENDATION: Recommend approval of the proposal of Civic Svstems for the finance department software u ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: The 2012 Capital Improvement Plan (IT -12-001) includes the request for a finance department upgrade of the accounting software. The City's current fund accounting software was acquired about fifteen years ago. The software has been periodically updated by the vendor since the original purchase. The current system has several shortcomings. For instance, when accounts payable checks are processed, everyone else must be "out" of the finance system. When receipts are recorded and transferred into the finance system, everyone else needs to be "out" of the finance system. Utility billing information must be transferred into the fund accounting system via journal entry. The City started the billing of water and sewer services in August, 2006 and selected utility billing software provided by Civic Systems, LLC. The selection was based on the vendor's ability to support the system and the utility billing product itself. The finance department has not been disappointed with either. It is time to transition to a more comprehensive, integrated software system for the finance department. The new fund accounting software system from Civic Systems will be integrated with the utility billing system and, eventually, the payroll system can also be added if desired. Softronics has reviewed the hardware requirements and has determined the City's current computer hardware can support the new software. The Civic Systems proposal dated July 5, 2012 totals $23,650 for the software, conversion and training and is payable in two installments financed from the Capital Equipment Revolving Fund #206. The software upgrade does not include travel related expenses for the "on-site" training services. The estimate for the travel related expenses totals $1,535, bringing the total cost of the upgrade to $25,185. The estimate in the 2012 CIP was $22,000. The annual support cost will be $3,280. The finance department budget will be increased by $2,000 to reflect the increased support cost if this upgrade is approved by the City Council. It is expected that Civic Systems representatives will be here in August/September for an initial planning meeting with a probable conversion very close to the end of the year. Based on our experience with the conversion of the utility billing system information, I fully expect this to be a very smooth transition. SUPPORTING DOCUMENTS: X ATTACHED � NONE List :Civic Systems Computer Software and Conversion Services Proposal dated July 5, 2012 MOTION: (Please word motion as you would like it to appear in the minutes.) Accept the proposal of Civic Systems for the finance department software upgrade BUDGET INFORMATION FUNDING: BUDGETED: X YES, part of 2012 CIP Capital Equipment Revolving Fund #206 NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) Computer Software and Conversion Services Proposal City of Otsego Prepared by Civic Systems, LLC 49 Civic Systems STRONG SOFTWARE, STRONG COMMUNITY A SUBSIDIARY OF BAKER TILLY VIRCHOW KRAUSE, LLP Civic Systems, LLC Ten Terrace Court P.O. Box 7398 Madison, WI 53707-7398 Phone: 888.241.1517 Fax: 608.249.1050 mlaescli @civicsystems.co m www.civicsystems. coni July 5, 2012 Civic Systems, LLC Ten Terrace Court P.O. Box 7398 Madison, WI 53707-7398 City of Otsego 8899 Nashua Ave NE Otsego, MN 55330 You agree to purchase the software and services detailed below and Civic Systems, LLC agrees to provide them, An initial $11,000 down payment is due with this contract. The remainder is due In 2013 after installation. The information provided in this proposal is valid for 90 days after the date of issue. Totals $ 23.650 ANNUAL SUPPORT INCREASE $ 3,280 "Above amounts do not Include travel costs. SIGNATURE AGREEMENT The signatures below indicate each party's acceptance of this agreement. CITY OF OTSEGO Signature: Title: Date: CIVIC SYSTEMS, LLC Signature: Title: Date: Investment INVESTMENT SUMMARY 5 CONCURRENT USERS License Fees (3 Concurrent Users) $ 17,500 Negotiated Discount (25%) (4,375) 2 Additional Concurrent Users 2,000 Training 4,200 Conversion 3,125 Onsite Assistance 1,200 Totals $ 23.650 ANNUAL SUPPORT INCREASE $ 3,280 "Above amounts do not Include travel costs. SIGNATURE AGREEMENT The signatures below indicate each party's acceptance of this agreement. CITY OF OTSEGO Signature: Title: Date: CIVIC SYSTEMS, LLC Signature: Title: Date: LICENSE FEES License Fees based on a maximum of Five (5) concurrent users. *Additional users above 5 are sold at $2,000 per user. CONVERSION Conversion costs estimated at 25 hours @ $125 per hour. Total estimated cost 25. Conversion costs include, but are not limited to: • Pre -conversion working session to identify key individuals, discuss current processes and procedures, evaluate potential challenges and establish a project timeline. • Existing data will be extracted, converted, transferred, tested, adjusted and finalized prior to your arrival for training • Form and customized report set-up (if necessary) ocivic Systems STRONG SOFTWARE, STRONG COMMUNITY A SUBSIDIARY OF BAKER TILLY VIRCHOW, KRAUSE, LLP Accounts Payable 7,000 Purchase Orders Included Cash Reccipting 5,000 General Ledger 5,500 Activity Reporting Included Budgeting Included miExcel Included Total 17,500 *Additional users above 5 are sold at $2,000 per user. CONVERSION Conversion costs estimated at 25 hours @ $125 per hour. Total estimated cost 25. Conversion costs include, but are not limited to: • Pre -conversion working session to identify key individuals, discuss current processes and procedures, evaluate potential challenges and establish a project timeline. • Existing data will be extracted, converted, transferred, tested, adjusted and finalized prior to your arrival for training • Form and customized report set-up (if necessary) ocivic Systems STRONG SOFTWARE, STRONG COMMUNITY A SUBSIDIARY OF BAKER TILLY VIRCHOW, KRAUSE, LLP TRAINING o ° & < Glassoam daysiyeFtpmen t ." '` '� �� ""'§� „a:Ef:�-7'� ... c '..b .✓ ..v Accounts Payable 1 1,200 Purchase Orders -- Included Cash Receipting 1/2 600 General Ledger 2 2,400 Activity Reporting -- Included Budgeting -- Included Total LZ2 4,M X Above amounts do not include travel expenses. SUPPORT Support fees are billed semi-annually in December (for January through June) and in June (for July through December). Support fees include yearly updates to the software as well as unlimited phone, fax, e-mail and internet support. Annual Fee Increase 2 ON-SITE ASSISTANCE Above amounts do not include travel expenses. ocivic Systems STRONG SOFTWARE, STRONG COMMUNITY A SUBSIDIARY OF BAKER TILLYVIRCHOW, KRAUSE, LLP 4 Month End Close (GL) 1 1,200 Totals L200 Above amounts do not include travel expenses. ocivic Systems STRONG SOFTWARE, STRONG COMMUNITY A SUBSIDIARY OF BAKER TILLYVIRCHOW, KRAUSE, LLP 4 1011 OtAqgTF MINN DEPARTMENT INFORMATION Request for City Council Action ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Community Development City Planner Licht 13 August 2012 PRESENTER(s): REVIEWED BY: ITEM #: Consent Agenda City Administrator Johnson 3.7 Kittredge Crossings 10" Add. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of the Kittredge Crossings 10th Addition Final Plat and Development Agreement. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No. No. BACKGROUND/JUSTIFICATION: Shellard Capital Investments Inc. has submitted application for final plat approval of Kittredge Crossings 10th Addition consisting of 28 single family lots and two outlots. The subject site is a replat of the previously approved Kittredge Crossings 6th Addition. The applicant received approval of a preliminary plat at the 12 March 2012 City Council meeting changing the development from 70 townhouse dwelling units to 28 single family lots. Concurrent with consideration of the Final Plat, the City Engineer has reviewed and approved the construction plans. The City Attorney has also drafted a Development Agreement, which the applicant has signed and submitted to the City all required fees, escrows and securities required by said Agreement. We offer the following additional comments: ■ The subject site is zoned PUD District. Single family lots are a permitted use of the subject site subject to the lot requirements and setbacks of the R-6 District. All of the proposed lots conform to the R-6 District lot requirements and the proposed final plat is consistent with the subdivision design approved with the preliminary plat. ■ Outlots A and B will be deeded to the City with the recording of the final plat and Development Agreement for stormwater management purposes as required by Section 21-7-15 of the Subdivision Ordinance. ■ Kittredge Circle will be accepted as a City street upon completion of improvements to remove the existing guest parking stalls that are perpendicular to the vehicle lanes. The City Engineer has reviewed core samples of the existing section and determined that the construction of the private drive meets the Engineering Manual specification for a local residential public street. ■ The applicant has submitted a cash escrow and fees in the amount of $15,001.44 as outlined in Paragraph 27 of the Development Agreement. There is no payment due for transportation infrastructure costs, stormwater area charges or park dedication as these requirements were met with the previous Kittredge Crossings 6th Addition Final Plat. One half of the current SAC and WAC fee remains to be paid for each lot at the time of application for a building permit. ■ The applicant has submitted a Letter of Credit from an institution meeting the City's requirements for $158,616.25 as security for completion of public improvements. ■ Upon approval of the Final Plat and Development Agreement, the applicant will initiate construction of the proposed improvements. This action will likely occur prior to recording of the Final Plat and Development Agreement with Wright County as the Final Plat drawings are still being reviewed by the Wright County Surveyor. In that the City has possession of the cash fees and escrow, Letter of Credit and executed Development Agreement there is no risk to the City in allowing construction to proceed. ■ The City Council approved a resolution vacating a portion of existing drainage and utility easements overlying the common open space of the previous townhouse subdivision for Kittredge Crossings 6th Addition. This resolution will be recorded with Wright County concurrent with the recording of the Kittredge Crossings 10th Addition Final Plat and Development Agreement putting the City Council action into effect. SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE A. Final Plat B. Development Agreement C. Findings of Fact and Decision D. Resolution 2012-51 MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve the Kittredge Crossings 10th Addition Final Plat as outlined in the Findings of Fact and Decision as presented and Resolution 2012-51 approving a Development Agreement. BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES NA o NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: DEVELOPMENT AGREEMENT KITTREDGE CROSSINGS 10th ADDITION AGREEMENT entered into this I'l �t- day of J - "-<_ , 2012 between the City of Otsego ("City"), a municipal corporation organized under the laws of the State of Minnesota, and Shelard Capital Investments, Inc., a Minnesota Corporation ("Developer"). 1. Request for Plat Approval. The Developer has requested that the City approve a plat entitled KITTREDGE CROSSINGS 10th ADDITION (referred to in this Agreement as "the Plat") and legally described as follows: (See attached Exhibit A) The plat contains twenty eight (28) single family residential lots, as well as two (2) outlots for stormwater management purposes. The plat is located within the City's West Sewer District, is zoned PUD, Planned Unit Development District as approved by Ordinance 2003 -XX adopted by the City Council on May 1,2003. The Final Plat for KITTREDGE CROSSINGS 6th ADDITION was approved by the City Council on July 12, 2004 KITTREDGE CROSSINGS 10th ADDITION is a re -plat of a portion of the previous KITTREDGE CROSSINGS 6" ADDITION. 1 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Agreement, furnish the security required by it, and record the Plat with the Wright County Recorder or Registrar of titles within one hundred (100) days after the City Council approves the final plat. The Developer shall cooperate with the City in recording the Plat and all required additional deeds and documents and providing assurance that the Plat and all required documents have been properly and timely recorded. Any restrictive covenants for the Plat shall be submitted to the City Attorney for approval and shall be recorded prior to sale of any lots within the Plat. 3. Right to Proceed. Within the Plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, storm sewers, water lines, streets, utilities, public or private improvements, or any buildings or structures until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the City Clerk, and all conditions contained in the Agreement have been met, 2) the necessary security has been received by the City, 3) the Plat and this Agreement have been recorded with the Wright County Recorder's Office, 4) The Developer has initiated and attended a pre -construction meeting with the City Engineer, and 5) the Zoning Administrator has issued a letter that all conditions have been satisfied and that the Developer may proceed; or until such time as approval to commence earlier construction is specifically approved by the City, and Developer has fully complied with all conditions set forth by City staff. 4. Sanitary Sewer Service Allocation. Allocation of sanitary sewer service has already been made for this Plat in previous approvals for KITTREDGE CROSSINGS 6' ADDITION. The allocation of sanitary sewer service previously approved does not occur until all required security has been posted. 5. Changes in Official Controls. KITTREDGE CROSSINGS 10th ADDITION is a planned and staged development within the meaning of Minn. Stat. 462.358, Subd. 3c, and no amendment to the City's Comprehensive Plan or other Official Controls shall apply to or effect the use, development density, lot size, lot layout, or platting requirements for future phases of KITTREDGE CROSSINGS 101' ADDITION for a period of five (5)years. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan, other Official Controls enacted after the date of this Agreement. This provision does not apply to regulations or Official Controls related to park and trail dedication or any fee established by the City chargeable to the Developer for municipal costs arising from said future phases. 9 6. Development Plans. The Plat shall be developed in accordance with the plans on file at the office of the City Clerk and the conditions stated below. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A Final Plat, KITTREDGE CROSSINGS 10' ADDITION, dated , 2012 prepared by Pellinen Land Surveying. Plan B Grading, Drainage, and Erosion Control Plan prepared by Campion Engineering Services, Inc. and as finally approved by the City Engineer. Plan C Construction Plans for KITTREDGE CROSSINGS 10'' ADDITION, prepared by Campion Engineering Services, Inc. and as finally approved by the City Engineer. Plan D Specifications for KITTREDGE CROSSINGS 10th ADDITION, prepared by Campion Engineering Services, Inc. and as finally approved by the City Engineer. 7. Improvements. The Developer shall install and/or pay for the following: A. Streets B. Street lights C. Site grading and ponding D. Underground installation of all utilities E. Sanitary sewer lines F. Water lines G. Storm water management improvements H. Setting of lot and block monuments I. Construction surveying and staking J. Traffic control signs Improvements shall be installed in accordance with City standards, the City Code, and the above -referenced plans that have been furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits before proceeding with construction. The City shall provide adequate field inspection personnel to assure acceptable quality control, which will allow certification of the construction work. The City may, when reasonably required to do so, and at the Developer's expense, have one (1) or 3 more City inspectors and a qualified engineer inspect the work. Within thirty (30) days after the completion of the improvements and before all retained security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" and an electronic file of the "as constructed" plans in AutoCAD.DWG file or a .DXF file, all prepared in accordance with City standards. Before the security for the completion of utilities is fully released, iron monuments shall be installed in accordance with Minnesota Statutes 505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments are installed following site grading, utility and street construction. 8. Contractors/Subcontractors. City Council members, City employees, and City Planning Commission members, and corporations, partnerships and other entities in which such individuals have greater than a twenty five percent (25%) ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 7 above. 9. Permits. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include, but are not limited to: A. Wright County for County Road access and work in County right of way. B. MNDOT for State Highway Access C. MNDOT for work in right of way D. Minnesota Department of Health for watermains E. MPCA NPDES Permit for construction activity F. MPCA for sanitary sewer and hazardous material removal and disposal G. DNR for dewatering H. City of Otsego for building permits I. City of Otsego for sanitary sewer connections J. City of Otsego for retaining walls 10. Dewatering. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable County, State, and Federal rules and regulations. DNR regulations regarding appropriations permits shall be strictly followed. 11. Time of Performance. The Developer shall install all listed improvements by October 31, 2012. The Developer may request an extension of time from the City to be 4 submitted in writing to the City Clerk, which extension will shall be conditioned upon updating the security posted by Developer to reflect cost increases and the extended completion date. Final wear course placement outside of the above time frame must have the written approval of the City Engineer. The City may impose additional conditions on the extension necessary to ensure performance. 12. Right of Entry. The Developer hereby grants to the City, its agents, employees, officers and contractors an irrevocable right of entry to enter the Plat to perform any and all work and inspections necessary or deemed appropriate by the City during the installation of improvements by Developer or the City, or to make any necessary corrective actions necessary by the City. Except in emergency situations, as defined by the City, the City shall give the developer fifteen (15) business days notice stating the deficiencies and necessary corrections prior to making any corrective action. Said right of entry shall continue until the City finally accepts the improvements and any applicable warranty period has expired. 13. Erosion Control. Prior to initiating site grading, and before any utility construction is commenced or further building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. If the City Engineer determines that it would be unreasonable to require full implementation of the erosion control plan prior to utility construction or issuance of certain building permits, he shall state in writing what construction can take place and what particular building permits can be issued prior to full implementation. The City may impose additional erosion control requirements if, in the opinion of the City Engineer, they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. If the Developer does not comply with the erosion control plan and schedule or any supplementary instructions, the City may, with reasonable notice, take action as it deems appropriate. 14. Grading Plan. Plat grading shall be in accordance with the approved grading plan, Plan B. The plan shall conform to City specifications and the City Code. Ponds, swales, and ditches shall be constructed on public easements or land owned by the City. Within thirty (30) days after completion of grading and before any retained security is fully released, the Developer shall provide the City with an "as built" grading plan including certification by a registered land surveyor or qualified engineer that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. "As built" plans shall include field verified elevations of the following: A. Cross sections of ponds yi B. Location and elevations of swales and ditches C. Lot corners and house pads Occupancy permits shall not be issued by the Building Official until the grading and drainage plan is certified as set forth above. 15. Clean Up. The Developer shall promptly clean any and all dirt and debris from streets and construction sites in accordance with the City Code resulting from construction work by the Developer, its agents or assigns. 16. Ownership of Improvements. Upon acceptance by the City Council of the work and construction required by this Agreement, improvements lying within public easements and public right-of-way shall become City property without further notice or action. 17. Streets. The Developer agrees to maintain the streets in the Plat until the base course bituminous surfacing has been accepted by the City. Should the City be required to grade the street prior to paving, the cost of such grading shall be paid by the Developer and drawn from the Developer's letter of credit. Should snow plowing be necessary prior to street paving, the Developer shall be responsible for such plowing as may be required by the Streets Supervisor. If, upon the Developer's request, the City agrees to plow the street prior to acceptance, such work will be done upon agreement that the Developer will hold harmless and indemnify the City from any and all liability claims related to such work and pay all costs associated with that work. Any plowing undertaken by the City will constitute no acceptance or evidence of acceptance of the street(s) in question. Upon final completion of streets and acceptance by the City as a City street rather than a private drive, the Developer shall guarantee to the City for a period of two (2) years that the streets have been constructed to City standards. The warranty period shall not commence until such time as street construction is completed and the streets are accepted as City streets by the City. The two (2) year warranty set forth above commences upon the date on which the City accepts the streets by resolution. 18. Sewage Treatment. No occupancy permit for any building within the plat will be issued by the City unless the Building Official has inspected both the sewer and water connections to the building and has certified that they have been constructed satisfactorily in accordance with City specifications and the City Code. 0 19. Administrative Fee. A fee for City Administration of this project shall be paid prior to the City executing the plat and this Agreement. Said fee shall be one percent (1/2%) of the estimated construction costs of the improvements within the plat, or alternatively a minimum fee. The administrative fee for this Plat is the minimum fee of $1,500.00 and is contained within the escrow and fees established in Paragraph 27 of this Agreement. This fee is immediately available to the City upon establishment of the escrow. 20. Storm Water Management Cost. The Developer shall fully comply with the Grading, Drainage, and Erosion Control Plan (Plan B). The City has established a cost for the impact of the Plat upon storm water drainage within the Otsego Creek watershed. The cost is based upon engineering studies completed by the City. The Storm Water Management Cost for KITTREDGE CROSSINGS 10th ADDITION has already been paid for in the previous platting of KITTREDGE CROSSINGS 6th ADDITION. 21. Transportation Infrastructure Costs. In the event that safe, practical and convenient access to the plat requires that the City expend funds for construction, reconstruction or repair of any City street providing access to the plat and which construction, reconstruction or repair would not be necessary or timely but for the development, Developer shall pay a lump sum fee for such access to those roadways. Transportation Infrastructure Costs for KIITREDGE CROSSINGS 10`" ADDITION have already been paid with the platting of KITTREDGE CROSSINGS 6' ADDITION. 22. Sanitary Sewer Fees. Current fees for the provision of sanitary sewer (SAC) are as follows: 28 REC units at $ 7,270.00 per unit x 50% or $3,635.00 per unit. Sanitary sewer fees shall be paid at the time that a building permit is obtained from the City for each individual lot. In the event that building permits are issued after the City has increased the SAC fee, the applicable amount due per unit shall be 50% of the fee per REC unit in place at the time of application for a building permit. 23. Water Fees. Current fees for the provision of water service (WAC) are as follows: 28 units at $ 4,090.00 per unit x 50% or $2,045.00 per unit. Water fees 7 shall be paid at the time that building permit is obtained from the City for each individual lot. In the event that building permits are issued are issued after the City has increased the WAC fee, the applicable amount due per unit shall be 50% of the fee per REC unit in place at the time of application for a building permit. 24. Park and Trail Dedication. Park dedication fees for KITTREDGE CROSSINGS 10'h ADDITION have already been paid for in the previous platting of KITTREDGE CROSSINGS 6' ADDITION 25. Street and Traffic Control Signs. Before the City signs the final plat, the Developers shall pay to the City $ 490.00 for installation of traffic control signs (stop signs, street signs, dead-end signs). The said amount was calculated as follows: 2 signs at $ 245.00 per sign. Using these funds, the City shall purchase and install the street and traffic control signs. 26. Street Light Construction. The Developers shall pay for the operation and maintenance of the street lights for a period of two (2) years or until such time as the plat is ninety percent (90%) built out, whichever occurs first. In order to facilitate payment of an estimated one year's payment for operation and maintenance of street lights, Developer shall submit a fee to make estimated payments as billed for that period. The fee will be included within the escrow and fees established in Paragraph 19 of this Agreement and is calculated as follows 3 lights x $550.00 per light for a total payment of $ 1,650.00. The first year of operation and maintenance shall not commence until such time as the final plat is accepted by the City and is formally recorded. Street lighting shall conform to adopted City Code. 27. City Engineering Administration and Construction Observation, Legal Fees Escrow and City Fees. The Developer shall pay a fee for consulting engineering administration. City engineering administration following approval of the Plat. City engineering administration will include consultation with Developer and its engineer on status or problems regarding the project, monitoring during the warranty period, general administration and processing of requests for reduction in security. Fees for this service shall be the actual amount billed for those services estimated to be three percent (3%) of the estimated construction cost of the improvements to be inspected, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City Engineer. Construction observation shall include part or full time observation, as determined by the City Engineer, of proposed street, sanitary sewer, water and storm drainage construction and will be billed on hourly rates actually required for said inspection estimated to be five percent (5%) of the estimated construction cost of the M improvements to be inspected. In the event of prolonged construction or unusual problems, the City will notify the Developer of anticipated cost overruns for engineering administration and observation services. The escrow and fee account shall also include estimated fees for Legal expenses actually incurred, City Administrative Fee (a flat fee due upon execution of this Agreement), Trunk Water and Sewer Access Fees (a flat fee due upon execution of this Agreement), Transportation Infrastructure Costs (a flat fee due upon execution of this Agreement), Park and Trail Dedication Fees (a flat fee due upon execution of this Agreement), Street Light Maintenance and Operation Fee (a flat fee due upon execution of this Agreement) and shall be established as follows: ESCROW AND FEES City Construction Administration and Utility and Street Inspection Fees (estimated 8% of $ 129,393.00) $ 10,351.44 Legal Fees (estimated, actual billings to be paid) $ 1,500.00 City Administrative (flat minimum fee) Trunk Water and Sewer Access Fee Trunk Sanitary Sewer (SAC) 2. Trunk Water Storm Water Management Cost Transportation Infrastructure Cost Park & Trail Dedication Fee Street light maintenance and operation $ 1,500.00 To be paid at building permit To be paid at building permit NA NA NA $ 1,650.00 TOTAL $ 15,001.44 This escrow amount shall be submitted to the City prior to the City executing the Plat and this Agreement. All administrative and legal fees related to plan review, drafting of this Agreement and any other necessary items shall be paid to the City prior to execution of the Plat and this Agreement. Any amounts for legal and engineering not utilized from this escrow fund shall be returned to the Developer when all improvements have been completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been received by the City. All other amounts listed as flat fees are non-refundable and available immediately for City use when posted. 28. Security. To ensure compliance with the terms of this Agreement, and construction of all public improvements, the Developers shall furnish the City with a cash escrow or other "security" in the amount of $ 158,616.25 said amount calculated as follows: Site, grading, drainage, erosion and sediment control and wetland protection Sanitary Sewer- Lateral and Trunk Watermain- Lateral and Trunk Storm Sewer- Lateral Streets $ 53,125.00 $ 00.00 $ 2,100.00 $ 37,128.00 $ 30,040.00 Engineering and Surveying Construction Services $ 4,500.00 TOTAL $126,893.00 TOTAL SECURITY REQUIRED ($126,893.00 x 125%) $158,616.25 The issuer and form of the security (other than cash escrow)shall be subject to City approval. The security shall be issued by a banking institution in good standing as determined by the City and approved by the City Administrator. The City shall have the ability to draw on the security at a bank or branch bank located within fifty (50) miles of the 10 City Hall. The security shall be for a term ending July 1, 2013 and shall contain an automatic renewal provision. The City may draw down the security for any violation of the terms of this Agreement, or upon receiving notice of the pending expiration of the security. It shall be the responsibility of the Developer to inform the City at least thirty (30) days prior to expiration of the security of the impending expiration and the status of the project relative to the security and this Agreement. If, for whatever reason, the security lapses prior to complete compliance with this Agreement (other than during any warranty period), the Developer shall immediately provide the City with either an extension of the security or an irrevocable letter of credit of the same amount upon notification of the expiration. If the required improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw down the security. If the security is drawn down the proceeds shall be used to cure any default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval, the security may be reduced from time to time down to $ 15,861.00 the amount of warranty security, whichever is more. A warranty security in the amount of $15,861.00 shall be posted with the City as set forth in paragraph 33 of this Agreement. Notwithstanding the posting of that warranty security, the security shall not be reduced below ten percent (10%) of the posted security until all improvements have been completed, all financial obligations to the City satisfied (which includes posting of warranty security), and the required "as built" plans have been received by the City. The intent of this Agreement is that the City have access to sufficient security, either security or warranty security, to complete the project and insure warranty on all public improvements at all times. This security amount shall be submitted to the City prior to execution of the Plat and this Agreement. All administrative and legal fees related to plan review, drafting of this Agreement and any other necessary items shall be paid to the City prior to execution of the plat and this Agreement. The security for this Agreement shall be cash or an Irrevocable Letter of Credit in the amount of $ 158,616.25 The Letter of Credit shall comply with the requirements of the first paragraph of this section. The issuer of the Letter of Credit shall immediately notify the City of any circumstances that would place the security in jeopardy. 11 29. Outlots. Outlots A and B shall be conveyed to the City by warranty deed at the same time that the Plat is recorded. Said outlots will be held by the City for drainage and utility purposes. 30. Landscaping. The Developer shall install two trees upon each lot within the Plat of a species approved by the Zoning Administrator. These plantings may not be installed in a public right-of-way. Any security posted for this agreement or prior additions may be used to cure any defects in the event that the Developer, it assigns or successors fails to install landscaping according to this Agreement. Landscaping security to insure compliance with the approved Landscape Plan shall be $ 1,000 per lot to posted with the City at the time of application for a building permit on each lot. Any trees which can cause a public nuisance or public hazard, such as bug infestation or weak bark, are specifically prohibited. The Developer, Builders or Property Owners (applicant for building permit) in the residential lot area shall sod all front yards within the buildable portion of each lot and shall post any security required by the City to assure landscaping or other items in compliance with the City Code. The Developer, Builder or Property Owner shall provide not less than six (6) inches of topsoil in required front yards or side yards abutting public rights-of-way. Where slopes lie in excess of ten (10) percent, sodding (staked) shall be required. Weather permitting, the trees, grass seed and sod shall be planted before Certificates of Occupancy are issued. All grass seed shall be maintained so that turf is established within one (1) year of planting. If landscaping as required by the City Code and this Agreement is not timely completed, the City may enter the lot or lots, perform the work, and apply any posted security toward the cost. The Developer, it assigns or successors, Builder or Property Owner will provide will provide all trees, grass, seed and sod within the Plat and shall maintain said plantings and warrant them to remain alive, of good quality and disease free for twelve (12) months after planting. Any replacement shall be warranted for twelve (12) months from the time of planting. 31. Significant Trees. There are no significant trees within the Plat. The Developer is not required to replace any significant trees. 32. Meters. Meters shall be provided as per City policy. 33. Warranty. The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of one (1) year after its 12 completion and acceptance by the City. The amount of posted warranty security for public improvements to be posted by the Developer shall be in the amount of $ 15,861.00. The amount, has been determined by the City Engineer, and is based upon the costs of the raw materials and labor which would be necessary to correct the most common deficiencies in such public improvements. 34. Claims. The Developer shall pay any subcontractor within ten (10) days of the Developer's receipt of payment by the City for undisputed services provided by the subcontractor. In the event that the City receives claims from labor, materialmen, or others that perform work required by this Agreement, and the sums due them have not been paid, and the laborers, materialmen or others are seeking payment from the City, the Developer hereby authorizes the City to commence an interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to one hundred twenty-five percent (125%) of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorney fees pursuant to this Agreement. In the event that the Developer desires to make a cash deposit instead of drawing down the letter of credit if a claim is made as stated above, they shall immediately notify the City of this intent at the time the claim is made and shall delivery one hundred twenty-five percent (125%) of the claim to the City within ten (10) days of such notice in the form of cash or certified check. 35. Restrictions. The following restrictions apply to the property and all lots thereon shall be held, sold, and conveyed subject to the following conditions and restrictions, which are for the purpose of protecting the value and desirability of the plat and insuring that all conditions imposed by the City in this Agreement are properly recorded against the property. Said conditions shall run with the real property and be binding on all parties having a right, title or interest in the plat or any part thereof, their heirs, executors, representatives, successors and assigns: None. 36. Responsibility for Costs. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by them or the City in conjunction with the development of the Plat, including, but not limited to, legal, planning, engineering, and inspection expenses incurred in connection 13 with development of said Plat, the preparation of this Agreement, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from Plat development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering fees, attorney's fees, and costs and disbursements. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developers may or may not have sold, until all bills are paid in full. Claims not paid within thirty (30) days shall accrue interest at the rate of twelve percent (12%) per year. 37. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the City may then draw down the security established in Paragraph 17 to pay for any work undertaken, provided the Developer is first given notice of the work in default, not less than seven (7) days in advance. This notice provision does not apply if the work performed by the City or its contractors is of an emergency nature, as determined at the sole discretion of the city. Should such emergency work be required the City will make all reasonable efforts to notify the Developer as soon as possible. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part pursuant to any applicable statutes or ordinances. 38. Miscellaneous. A. The Developer represents to the City that the plat complies with all City, County, State, and Federal laws and regulations, including but not limited to, Subdivision Ordinances, Zoning Ordinances, and environmental regulations except where specifically excluded by this agreement. If the City determines that the Plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does 14 comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Agreement. C. Breach of any of the terms of this Agreement by the Developer shall be grounds for denial or revocation of building permits. D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. If building permits are issued by the City prior to the completion and acceptance of public improvements, the Developer shall assume all liability for the costs resulting in any delay in completion of public improvements and damage to any public improvements caused by the City, the Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface, unless a specific exception is approved by the City. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. This Agreement shall run with the land, shall be recorded against the title to the property and all properties therein established by the Plat, and shall be binding on all parties having any right, title or interests in this phase of the plat or any part thereof, their heirs, successors, and assigns. After the Developer has completed the work required of them under this Agreement as set forth in Section 8, at the Developer's request, the City will execute and deliver to the Developers a release or partial release (s) of this Agreement. H. The Developer shall take out and maintain until one (1) year after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and any claims for 15 property damage which may arise out of the Developer's work or the work of their subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall be not less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, and the Developer shall file a copy of the insurance coverage with the City prior to the City issuing further building permits. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer shall pay for all local costs related to drainage improvements required to complete the construction according to the plans and conditions that are a part of this Agreement. K. Should development of the plat proceed at a pace slower than anticipated, and for that reason, specific terms of this agreement become onerous or unduly burdensome to the Developers, upon his/her application, the City will enter into negotiations regarding those specific terms and shall not unreasonably withhold consent to appropriate changes in the terms of this Agreement. L. The Developer shall demonstrate and maintain compliance with the 1991 Wetland Conservation Act. M. The Developer shall be responsible for all on site drainage as well as for any affects that their actions may have on adjoining properties. Specifically, the Developer shall maintain existing drainage tiles on site, and shall be responsible for any and all drainage problems related to either the site drainage tiles or problems with on-site drainage facilities to be constructed in accordance with this agreement and plat approval. 16 39. Previous Developer's Agreement. KITTREDGE CROSSINGS 6' ADDITION. Upon execution of this Agreement, Developer and others shall be released from the terms and conditions of that Developer's Agreement for KIITTREDGE CROSSINGS 5' and 6' ADDITION dated October 4, 2004 relate to the portion of KITTREDGE CROSSINGS 6`t' ADDITION being platted as KITTREDGE CROSSINGS 10th ADDITION_ The Release does not apply to KITTREDGE CROSSINGS FIFTH ADDITION nor to any portion of KITTREDGE CROSSINGS 6`' ADDITION not included in this Plat. 40. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, their employees or agents, or mailed to the Developer by registered mail at the following address: Shelard Capital Investments, Inc., 11455 Viking Drive, Suite 300, Eden Prairie, MN 55344 Attention: Jacob Wert. Notice to the City shall be in writing and shall be either hand delivered to the City Clerk at the following address: City of Otsego, City Hall, 8899 Nashua Avenue NE, Otsego, MN 55330, Attention: City Clerk CITY OF OTSEGO 1111" 17 IM Jessica Stockamp, Mayor Tami Loff, City Clerk DEVELOPER SHELARD CAPITAL INVESMENTS, INC. BY: , V, Its: U� STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 2012, by Jessica Stockamp, Mayor and by Tami Loff, City Clerk, of the City Otsego, a Minnesota municipal corporation, on behalf of the City and pursuant to the authority of the City Council. Notary Public 18 STATE OF MINNESOTA ) ss. COUNTY OF FICA nz P I () ) The foregoing instrument was acknowledged before me this I cl day of Su nc, 2012, by :TQcob Wc(- t the Nli c e. E r P s rl e o f , of Shelard Capital Investments, Inc. a Minnesota corporation, with authority and on behalf of the corporation. DRAFTED BY: MACARTHUR LAW OFFICE, LLC 3601 Thurston Avenue North Suite 103 Anoka, MN 55303 (763) 231-5850 19 (N Molly Kathleen Sore Notary Public Minnesota 31, 2011 `F Mt 08 e` o kh[SOTA V FINDINGS OF FACT AND DECISION FINAL PLAT 08-09-12 APPLICANT: Shelard Capital Investments, Inc. APPLICATION: Request for approval of a Final Plat for 28 single family lots to be known as Kittredge Crossings 10th Addition. CITY COUNCIL MEETING: 13 August 2012 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The subject site is guided by the Comprehensive Plan for low/medium density residential land uses within the West Sewer District. C. The subject site is zoned PUD, Planned Unit Development District. D. The applicant is proposing to replat 70 townhouse unit lots and common open space within portions of Kittredge Crossings 6th Addition as 28 single family lots. E. The City Council conditionally approved a preliminary plat for Kittredge Crossings 10th Addition on 12 March 2012. F. The Request for City Council Action dated 13 August 2012 prepared by the City Planner, The Planning Company LLC., is incorporated herein. G. The memorandum dated June 11, 2012 prepared by the City Engineer, Hakanson Anderson Associates Inc., is incorporated herein. H. Final plat applications are processed without review and recommendation by the Planning Commission unless determined to be necessary by the City Council in accordance with Section 21-3-3.D.2 of the Subdivision Ordinance. DECISION: Based on the foregoing information and applicable ordinances, the application is hereby APPROVED subject to the following conditions: The construction plans shall be revised in accordance with the City Engineer's Memorandum dated June 11, 2012. 2. The City Clerk shall record the Final Plat and Development Agreement with Wright County upon approval of the Final Plat by the Wright County Surveyor. 3. The parking area adjacent to Outlot A will be required to be removed, the area restored and the curb extended subject to review and approval by the City Engineer. 4. The single family lots shall be subject to the following lot requirements: Lot Area Lot Width Lot Depth Setbacks Corner Interior Front/Side- Interior Rear Wetland Corner Side 9,OOOsf. 90ft. 60ft. 100ft. 30ft.garage 7ft. 20ft. NA 25ft. bldg. 5. The applicant may initiate construction of the improvements upon approval of the Final Plat and Development Agreement by the City Council prior to recording of said documents provided that all fees, escrows and securities have been submitted in a form approved by City staff. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 13th day of August, 2012. Tami Loff, City Clerk 2 CITY OF OTSEGO By: Jessica L. Stockamp, Mayor CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2012-51 RESOLUTION APPROVING DEVELOPERS AGREEMENT BETWEEN THE CITY OF OTSEGO AND SHELARD CAPITAL INVESTMENTS, INC. RELATIVE TO THE PLAT OF KITTREDGE CROSSINGS 10" /.Vilm IM OL11 WHEREAS, the City of Otsego (CITY) has approved the Plat of KITTREDGE CROSSINGS 10' ADDITION; and WHEREAS, the property within the Plat will be owned by Shelard Capital Investments, Inc. (DEVELOPER) who intends to develop the parcel; and WHEREAS, a Developers Agreement has been drafted setting forth the terms and conditions for development of the property, and requiring that the Developer provide certain escrow, payment of fees, and security to insure that all public improvements are constructed as required by CITY; and WHEREAS, DEVELOPER has agreed to the terms and conditions of the Developers Agreement, has executed the Agreement, and has provided the required fee payments, escrow, and Security. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows: The CITY hereby approves the Developers Agreement as attached and authorizes the Mayor and City Clerk to execute the Agreement on behalf of the CITY. 2. That DEVELOPER shall not proceed with any construction activities upon the property and CITY will not execute the Plat or release the Plat for recording until full execution of this Agreement and City receipt of all required escrow, fees and security, CITY receipt of a recorded copy of a deed conveying platted property to DEVELOPER, and DEVELOPER provides a deed to CITY for Outlot A. ADOPTED this 13th day of August, 2012. MOTION to approve the Resolution made by Council Member And seconded by Council Member IN FAVOR: OPPOSED: 2 CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk 0 OtsTeF o MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Community Development City Planner Licht 13 August 2012 PRESENTER(s): REVIEWED BY: ITEM #: City Planner Licht City Administrator Johnson 4.1—Sign Ordinance Update AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends the City Council direct the Planning Commission to consider possible updates to the Sign Ordinance. ARE YOU SEEKING APPROVAL OF A CONTRACT? I ISA PUBLIC HEARING REQUIRED? No I No BACKGROU ND/1 USTI FICATION: Comments from the initial Otsego Business group meetings prompted City staff to schedule a meeting to discuss the City's sign regulations, answer questions and receive ideas. City staff met on 10 July 2012 with Todd Rick of Otsego Denny's and Dion Grover of Boondox Grille and Bar, who were among three businesses the responded to the invitation. City staff reviewed the existing allowances for business signs provided for by the Zoning Ordinance. City staff further outlined possible amendments to the Sign Ordinance that we would recommend to address issues previously identified or for which approvals have been granted under PUD Development Stage Plans for specific projects. These possible amendments include: o Review height allowances for freestanding signs within the Freeway Corridor District to ensure visibility of the signs from TH 101. The need to increase the allowed height of freestanding signs was caused by construction design changes to the bridge at CSAH 39 being higher than originally planned. o Review the boundaries of the Freeway Corridor District to ensure that properties that have visibility from TH 101 are allowed the increase sign area and sign height. o Add provisions for businesses within the Freeway Corridor District to have low profile monument signs visible to traffic at site entrances in addition to the taller freeway signage. ■ The business owners were also very positive about the idea to allow collocation of businesses on signs with increased area and/or height. There is specific interest in further discussion regarding placement of a gateway sign north of the Holiday Inn site that would identify businesses together with City identification. Implementation of this concept will require further meetings with the business owners and property owner to address issued in detail. SUPPORTING DOCUMENTS: ❑ ATTACHED X NONE MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to direct the Planning Commission to consider amendments to the Sign Ordinance in response to comments from the Otsego Business Group meetings based on the outline presented by the City Planner. BUDGET INFORMATION FUNDING: I BUDGETED: ❑ YES Not to exceed $1,000.00 time/materials not x NO including meetings paid for from the General Fund as a planning item. ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: Otsezo MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Community Development City Planner Licht 13 August 2012 PRESENTER(s): REVIEWED BY: ITEM #: City Planner Licht City Administrator Johnson 4.2— Lawful Gambling AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of an ordinance amending the City Code regarding provisions for lawful gambling. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No. No. BAC KG ROU N D/J U STI F ICATI ON: City staff has identified sections of the City Code regulating lawful gambling in need of revision or clarification. The draft ordinance amendment attached hereto addresses the following items: ■ Procedures and Criteria for consideration of a lawful gambling permit application are listed in Sections 7-12-8 and 7-12-9 of the City Code. While the language is mostly the same, there are slight variations in the two sections that may cause confusion or errors. The language of the criteria is also written in a negative tense. City staff is proposing revising the City Code to include the performance standards for issuance of a lawful gambling permit in Section 9 with Section 8 dealing only with the procedure for consideration of an application. ■ The City Code currently requires an organization applying for a gambling permit to have been established within the "City' for three consecutive years prior to the date of application. Many of the organizations that may apply for a gambling permit serve Otsego residents but are based outside of the City but within the trade area. City staff proposes revising this requirement to specify the organization seeking a gambling permit have been established within the "trade area" for three years prior to application. ■ The City Code limits issuance of lawful gambling permits to three premises within the City. Given the number of possible eligible business locations within the City, City staff recommends deleting this requirement. The City Code limits organizations to being issued only one premises permit for lawful gambling. The City recently received an application from a youth athletic association that has an existing premises permit for one location and is requesting approval of another. City staff recommends deleting the limit on the number of premises permits that may be issued to anyone organization to leave the decision as to who conducts gambling at locations within the City an issue for the businesses and the organizations. The City Code prohibits more than one organization from conducting gambling activities at one location. The language of this provision would prohibit a gambling activity such as a raffle otherwise exempt from the City Code being conducted at a location where a premises permit has been issued. City staff has revised this provision to specify that not more than one premises permit to allow lawful gambling subject to the regulations of the City Code is allowed. The City Code prohibits any gambling activity from occurring at locations other than those with an on -sale liquor license. The writing of this provision would prevent a form of gambling exempt from regulation by the City Code from being conducted at other venues. City staff recommends revising this provision to specify that only lawful gambling subject to the regulations of the Citv Code is limited to establishments with an on -sale liquor license. SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE A. Draft ordinance amendment B. Ordinance 2012-09 MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to adopt Ordinance 2012-09 amending the City Code related to lawful gambli BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES ❑ NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE REGARDING LAWFUL GAMBLING. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 7-12-8.A of the City Code is hereby amended to read as follows: A. Any organization seeking to obtain a premises permit or renewal of a premises permit from the Board shall file with the City Clerk an executed, complete duplicate application, together with all exhibits and documents accompanying the application as will be filed with the Board as well as an application form as prescribed by the City and the following information: 1. Name and address of the organization requesting the permit. 2. Name and address of the officers and person accounting for receipts, expenses, and profits for the event. 3. Dates of gambling occasion for which permit is requested. 4. Address of premises where event will occur. 5. Copy of rental or leasing arrangement, if any, connected with the event including rental to be charge to organization. 6. Estimated value of prizes to be awarded. Section 2. Section 7-12-8.0 of the City Code is hereby amended to read as follows: C. Theapplicant shall pay a fee at the time of application for a local premises permit shall e as established by Section 2-4-2.13 of the City Code for the City Clerk to 1 accept the application. Section 3. Section 7-12-8.H of the City Code is hereby amended to read as follows: H. The City Council shall dyonly approve an application for issuance or renewal of a premises permit feF any of the follewingTeasers er ethepw+se—t"aGit¢ if all of the requirements of Section 7-12-9 of this Section are complied with. Section 4. Section 7-12-9 of the City Code is hereby amended to read as follows: 7-12-9: REQUIREMENTS FOR LOCAL PERMITS: A. No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by Minnesota Statue, Section 349.166, as it may be amended from time to time, without a valid local permit. This section shall not apply to lawful gambling exempted from local regulation by Section 7-12-5 of this Ordinance. imp 1713 The GGURGiI shall drenewal of a nramicoc permit fer any of the f011OWORg reasons otherwise the G unniI shall approve the appl+safienApproval of a premises permit under this Section shall be subject to compliance with the following requirements: The gambling organization shall not have been found to have violated Violation by the gambling organizatien any State Statute, State Rule, or City erdenaneeCode relating to gambling within the last three (3) years. 2. The establishment for which the premises permit is to be issued or the organization leasing the premises for gambling shall not have been found to have violated Violation by the ensale_establishment, or nrganizatinn leasing its premises for gambling, of any State Statute, State Rule, or City nrdCode relating to the operation of the establishment, including, but not limited to, laws relating to the operation of the establishment, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last three (3) years. 3. The aamblina organization has Pet been in existence in the Qtytrade area for at least three (3) consecutive years prior to the date of application. 4. The aamblina organization dees etshall have at least fifteen (15) active members. 5 Exempted er ovn'uded Lawful gambling subject to the requirements of this Chapter will not take place at a premises the aamblina organization owns or rents. 6. Exempted nr eXGluded Lawful gambling subject to the requirements of this Chapter will net shall be limited to premises for which an on -sale liquor license has been issued. 97. There shall be Not more than one (1) seas d, qualified organization will be GendUGting exempted er eXGluded licensed to conduct lawful gambling activities subject to the requirements of this Chapter shall conduct lawful gambling at any one (1) premises. 1C. Local premises permits shall be valid for one (1) year after the date of issuance unless suspended or revoked. Section 2. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this day of , PtilPA ATTEST: Tami Loff, City Clerk 5 CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor ORDINANCE NO.: 2012-09 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE REGARDING LAWFUL GAMBLING. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 7-12-8.A of the City Code is hereby amended to read as follows: A. Any organization seeking to obtain a premises permit or renewal of a premises permit from the Board shall file with the City Clerk an executed, complete duplicate application, together with all exhibits and documents accompanying the application as will be filed with the Board as well as an application form as prescribed by the City and the following information: 1. Name and address of the organization requesting the permit. 2. Name and address of the officers and person accounting for receipts, expenses, and profits for the event. 3. Dates of gambling occasion for which permit is requested. 4. Address of premises where event will occur. 5. Copy of rental or leasing arrangement, if any, connected with the event including rental to be charge to organization. 6. Estimated value of prizes to be awarded. Section 2. Section 7-12-8.0 of the City Code is hereby amended to read as follows: C. The applicant shall pay a fee at the time of application for a local premises permit as established by Section 2-4-2.13 of the City Code for the City Clerk to accept the application. 1 Section 3. Section 7-12-8.1-1 of the City Code is hereby amended to read as follows: H. The City Council shall only approve an application for issuance or renewal of a premises permit if all of the requirements of Section 7-12-9 of this Section are complied with. Section 4. Section 7-12-9 of the City Code is hereby amended to read as follows: 7-12-9: REQUIREMENTS FOR LOCAL PERMITS: A. No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by Minnesota Statue, Section 349.166, as it may be amended from time to time, without a valid local permit. This section shall not apply to lawful gambling exempted from local regulation by Section 7-12-5 of this Ordinance. B. Approval of a premises permit under this Section shall be subject to compliance with the following requirements: 1. The gambling organization shall not have been found to have violated any State Statute, State Rule, or City Code relating to gambling within the last three (3) years. 2. The establishment for which the premises permit is to be issued or the organization leasing the premises for gambling shall not have been found to have violated any State Statute, State Rule, or City Code relating to the operation of the establishment, including, but not limited to, laws relating to the operation of the establishment, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last three (3) years. 3. The gambling organization has not been in existence in the trade area for at least three (3) consecutive years prior to the date of application. 4. The gambling organization shall have at least fifteen (15) active members. 5. Lawful gambling subject to the requirements of this Chapter will not take place at a premises the gambling organization owns or rents. 2 6. Lawful gambling subject to the requirements of this Chapter shall be limited to premises for which an on -sale liquor license has been issued. 7. Not more than one (1) licensed gambling organization licensed to conduct lawful gambling activities subject to the requirements of this Chapter shall conduct lawful gambling activities at any one (1) premises. C. Local premises permits shall be valid for one (1) year after the date of issuance unless suspended or revoked. Section 2. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 13th day of August, 2012. ATTEST: Tami Loff, City Clerk 3 CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor Otsezo MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Community Development City Planner Licht 13 August 2012 PRESENTER(s): REVIEWED BY: ITEM #: City Planner Licht City Administrator Johnson 4.3 — SAC/WAC Fee Structure AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of an ordinance amending the City Code to modify the structure for payment of SAC/WAC fees for new construction. ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED? No. BACKGROUND/JUSTIFICATION: City staff discussed with the Administrative Subcommittee at the meeting on 11 July 2012 a review of the current structure of the Water Availability Charge (WAC) and Sewer Availability Charge (SAC). Based on this discussion, City staff was directed to prepare possible amendments to the City Code to modify the payment of SAC/WAC fees for new development. If approved, the ordinance amendments outlined herein would apply to all new residential final plats, construction of commercial, industrial or institutional uses, or expansion of existing uses from the effective date of the amendment. The current structure of the SAC and WAC fees established by the City reflect that the utilities were a startup operation. As such, the costs for the construction of the existing system were incurred by the City within a few years and included both the operating facilities such as the waste water treatment plans, lift stations, water towers, wells and pump houses as well as trunk collection and distribution pipes. The City was thus able to establish flat fees for connection to the sewer and water utilities. Future expansion of the utility systems may involve unequal expenditures related to the water or sewer operational facilities, extension of sewer trunk lines or extension of water trunk lines or various combinations thereof. Incorporating the costs of these future expansions into the existing flat fee structure is problematic. Thus, City staff is recommending the existing WAC and SAC fees be broken down into separate charges for operational facilities and trunk distribution/collection facilities. The Citv Engineer calculates that the cost of the existing sewer utilitv system is divided two-thirds for operational facilities and one-third for trunk collection pipes. Regarding the water utility system, the City Engineer estimates that the cost of the existing system is divided equally between operational facilities and trunk distribution facilities. Based on this information, City staff is recommending the following changes be implemented: Existing Proposed Charges Charge Availability Charge Connection Charge (operating facilities) (distribution/collection) Sewer utility $7,270 $2,472 $4,798 Water Utility $4,090 $2,045 $2,045 TOTAL $11,360 $4,517 $6,843 Note: Charges paid per REC The current charges are paid one-half at the time of final plat and one-half at the time of building permit for residential uses. Commercial, industrial and institutional uses are required to pay one Residential Equivalent Connection (REC) at the time of final plat approval with the balance due at the time of building permit for all or a portion of the building being finished. The amount of the charges paid for all uses is based on the current fee schedule at the time of either final plat or building permit approval when the payment is made. Expansions of an existing use that increases the number of RECs requires payment of additional sewer and water utility charges. City staff recommends that the new structure for utility charges be implemented in the same manner. Residential uses would pay the Availability Charge at the time of final plat approval based on the allowed number of dwelling units. Commercial, industrial and institutional uses would pay a Availability Charge equal to one REC at the time of final plat approval. The Connection Charge would be paid by both residential and commercial/industrial/institutional uses prior to issuance of a building permit. Commercial, industrial and institutional uses would also pay the balance of the Availability Charge based on the specific use being developed prior to issuance of a building permit. City staff is also recommending an additional provision be added to the City Code stating that the capacity necessary to allow connection to the utility systems will only be reserved for five years The rationale for the timing for paying the charges under the new structure is that the extension of the trunk distribution or collection pipes makes the utility available to the property. The extension of trunk distribution and collection pipes to serve a development occurs with the final plat approval. The utilization of the system, including the operating facilities, does not occur until there is actual development of the lot which is allowed with approval of a building permit. Deferring the higher connection charges to the building permit may also provide incentive for development activity in that it lessens the charges incurred by subdividers, who must also incur costs stormwater management charges and park and trail dedication fees in addition to site improvements including extension of lateral utility lines, street construction and grading. SUPPORTING DOCUMENTS: X ATTACHED :jNONE A. Draft Ordinance 2012-10 B. Ordinance 2012-10 MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve Ordinance 2012-10 amending the City Code regarding municipal utilities. BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES ❑ NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: ORDINANCE NO.: 2012-10 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF OTSEGO REGARDING MUNICIPAL UTILITIES. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 2-4-2.D.2 of the City Code is hereby amended to read as follows: 2. SewerWater Availability Charge: $7270-.002,045/REC Section 2. Section 2-4-2.D.3 of the City Code is hereby amended to read as follows: 3. WaterSewer Availability Charge: $4,090.002,472/REC Section 3. Section 2-4-2.J of the City Code is hereby amended to add the following provisions: 8. Water Connection Charge: $2,045.00/REC 9. Sewer Connection Charge: $4,798.00/REC Section 4. Section 2-4-2.J.1 of the City Code is hereby amended to read as follows: 1. Municipal Water and Sewage Usage Rates: a. Water and sewer usage rates are established to be effective with the 1St Quarter billing and may be adjusted based on a review of prior year operations, anticipated future repair and maintenance needs and estimated operating costs. b. Calculation of Base Charges: 1. For residential uses the base charge shall be the base fee multiplied by the number of dwelling units. 2. For non-residential uses the base charge shall be the base fee multiplied by the number of Residential Equivalent Connections (RECs). bc. Water Usage Rate: 1. $8.00 base charge + $1.00 for first 2,000 gal + $0.0015/gal. for 2,001 to 10,000 gal. + $0.0016/gal. thereafter. 2. Minimum charge for accounts with usage of 2,000 gal. or less is $8.00. Gd. Sewer Usage Rate: 1. Non-residential users shall be billed in accordance with actual sewage usage for each month. For residential uses, monthly sewage usage is estimated based on the average of the actual usage for the months of December, January and February. 2. Usage Rates: a. $5.00 base charge. b. $0.005/1,000 gal. thereafter. 3. Minimum charge for accounts with less than three month usage history the minimum charge is $32.00. 4. Minimum charge for accounts with usage of 2,000 gal. or less is $15.00. be. Bulk Water Fee: 1. $1.00/100 gallons plus sales tax. 2. $50.00 minimum charge plus sales tax. 2 Section 5. Section 6-1-3 of the City Code is hereby amended to include the following provisions: D. Capacity for sanitary sewer and water service shall be reserved upon pavment of utility availability charges for a period of five (5) years. If after five (5) years, a user having paid utility availability charges has not paid the required utility connection charges applicable to the use and connected to the municipal utility system there shall be no guarantee of adequate sanitary sewer or water utility capacity to serve a development of the property. Section 6. Section 6-1-4 of the City Code is hereby amended to read as follows: 6-1-4: FIXING RATES AND CHARGES FOR MUNICIPAL UTILITIES: A. All rates and charges for municipal utilities, including but not by way of limitation, rates for trunk fees, service, rates for contribution to the system, permit fees, deposit, hook up, meter testing fees, disconnection fees, reconnection fees, and penalty fees for delinquency, shall be set forth in Section 2-4-2 of the City Code. B. For the purpose of fixing rates and charges, the City Council may categorize and classify under various types of services, or by contribution to the system, provided that such categorization and classification in just and equitable and is included in the resolution authorized by this Section. C. Residential Equivalent Connections (RECs) will be established for non-residential users: 1. The number of RECs for a specific use will be as per the current version of the Metropolitan Council Environmental Services Procedures Manual. 2. The Citv Council. at its discretion upon a findina that the Metropolitan Council Environmental Services Procedures Manual may not apply due to circumstances unique to a particular user, may enter into an agreement to determine the number of RECs based on one of the following alternative methods: a. Information is provided regarding actual water and sewer use by v the same or substantially similar use that has been existing for a period of not less than three (3) years. 3 b. The user shall escrow the required fee(s) calculated in accordance with the Metropolitan Council Environmental Services Procedures Manual and monitor actual water use for a period of three(3)years, 1. If the actual water and sewer use during this period is less than the RECs estimated by the Metropolitan Council Environmental Services Procedures Manual, the Citv will refund the difference without interest. 2. If the actual water and sewer use durina this period is greater than the RECs estimated by the Metropolitan Council Environmental Services Procedures Manual the user is not obligated to pay additional fees and the escrow funds shall be released and deposited into the respective Water Fund or Sewer Fund. D. Expansion and Redevelopment. If an existina use connected to the muncipal utility systems is expanded or redeveloped so as to increase the number of RECs, additional water utility charges and sewer utility charges shall be paid for the additional RECs at the current rate established by Section 2-4-2 of the City Code. There shall be no refund of water utility charges or sewer utility charges already paid if the expansion or redevelopment results in a_ reduction of the number of RECs. Section 7. Section 6-1-5 of the City Code is hereby amended to read as follows: 6-1-5: WATER ACCESS UTILITY CHARGE§SWAG): The City Council has determined that in order to pay for the cost of construction, reconstruction, repair, enlargement, improvement, maintenance, operation, and use of the City water system; the cost of complying with State and Federal regulations; and the principal and interest to become due on obligations issued or to be issued, it is necessary to impose just and equitable charges for the use and availability of the municipal water system pursuant to Minnesota Statutes, Section 444.075, Subdivision 3. A. From and after hookup of any premises to the City water system, the owner or owners of said premises shall pay for such water services and usage at rates set forth in Section 2-4-2 of the City Code. B. The Y-YAG--irnpesedhthe City for hookup of premie to the M ininipal wafcr c� t holl�Set forth by Quinn 24 2 of the City G 2 Mwom rF1- 2w a1 1 - 1 I I . . . mm Mw Ml I OB Payment of WACfee Water Availability Charges (WAC): 1. The `^A°fee-Water Availability Charge for one (1) REC shall be adopted by the City Council in Section 2-4-2 of the City Code and calculated by the City Engineer to include those current and future costs related to the construction of the trunk distribution system for the municipal water utility. 2. The calculation of the Water Availability Charge required to be paid for a specific use shall be calculated by multiplying the Water Availability Charge set forth in Section 2-4-2 of the City Code by the number of RECs for that use. 4-3. For residential uses one-half of the ` VAG fee Water Availability Charge shall be paid at the time of final plat approval with the re inin„ „no_hal permit,of the VVAG fee paid pr!Gr to issuanGe of a building except as may be provided for by an agreement entered into by the City Council at its discretion. 24. For commercial, industrial and institutional uses one (1) WAG feeWater Availability Charge shall be charged for construction of unfinished space prior to issuance of a building permit for the initial construction; subsequently the WAS- feeWater Availability Charae applicable to the build out of the finished space within all or a portion of a building shall be paid in full prior to the issuance of a building permit for that construction. 34. The VVAG fee Water Availability Charge, or portion thereof, Ghargedreauired to be paid either at the time of final plat approval or building permit shall be the current fee in effect as set forth by Section 2-4- 2 of the City Code. DC. Water Connection Charges: 1. The Water Connection Charae for one (1) REC shall be adopted by the City Council in Section 2-4-2 of the City Code and calculated by the Cit_v Engineer to include those current and future costs related to the construction the municipal water utility other than the facilities that comprise the distribution system. 2. The calculation of the Water Connection Charge required to be paid for a specific use shall be calculated by multiplying the Water Connection Charge set forth in Section 2-4-2 of the City Code by the number of RECs for that use. 3. For residential uses the Water Connection Charae shall be paid prior to issuance of a building permit, except as may be provided for by an a reement entered into by the City Council at its discretion, except: a) For the initial development of residential uses on lots of record final platted prior to [EFFECTIVE DATEI, the water connection charges to be paid prior to issuance of a building permit shall be calculated as one-half the sum of the Water Availability Charge and the Water Connection Charge as set forth by Section 2-4-2 of the City Code multiplied by the number of RECs. 130 4. For commercial, industrial and institutional uses the Water Connection Charge applicable to the build out of the finished space within all or a portion of a building shall be paid prior to issuance of a building permit for that construction. D. No person shall connect to the City water system without also connecting to the City sanitary sewer system, except by resolution of the City Council. Section 8. Section 6-1-7 of the City Code is hereby amended to read as follows: 6-1-6: SEWER ACC€SSUTILITY CHARGES(SAC): 'hat the Gity may, by rese!UtieR, waive the same upon showing of speGial The City Council has determined that in order to pay for the cost of construction, reconstruction, repair, enlargement, improvement. maintenance, operation, and use of the City sewer system: the cost of complying with State and Federal regulations: and the principal and interest to become due on obligations issued or to be issued, it is necessary to impose just and equitable charges for the use and availability of the municipal sewer system pursuant to Minnesota Statutes, Section 444.075, Subdivision 3. 13A. From and after hookup of any premises to the City water system, the owner or owners of said premises shall pay for such sewer services and usage at rates set forth in Section 2-4-2 of the City Code. 7 - - k,- €13 payment of SAG feesSewer Availability Charges: 1. The Sewer Availability Charge for one (1) REC shall be adopted by the City Council in Section 2-4-2 of the City Code and calculated by the City Engineer to include those current and future costs related to the construction of the trunk collection system for the municipal sewer utility. 2. The calculation of the Sewer Availability Charge required to be paid for a specific use shall be calculated by multiplying the Sewer Availability Charge set forth in Section 2-4-2 of the City Code by the number of RECs for that use. 43. For residential uses nnc half of the SAC fee Sewer Availability Charge shall be paid at the time of final plat approval with the re ininn nn 3 half permit,of the SAG fee paid prier to issuaRG8 of a build!Rg except as may be provided for by an agreement entered into by the City Council at its discretion. 24. For commercial, industrial and institutional uses one (1) SAG feeSewer Availability Charge shall be charged for construction of unfinished space prior to issuance of a building permit for the initial construction; subsequently the SAG feeSewer Availability Charge applicable to the build out of the finished space within all or a portion of a building shall be paid in full prior to the issuance of a building permit for that construction. 34. The S,4C—fee—Sewer Availability Char e, or portion thereof, c#argedreauired to be paid either at the time of final plat approval or building permit shall be the current fee in effect as set forth by Section 2-4- 2 of the City Code. [)C. Sewer Connection Charges: 1. The Water Connection Charae for one (1) REC shall be adopted by the City Council in Section 2-4-2 of the City Code and calculated by the City Engineer to include those current and future costs related to the construction of the municipal sewer utility_ other than the facilities that comprise the collection system. 2. The calculation of the Sewer Connection Charge required to be paid for a specific use shall be calculated by multiplying the Sewer Connection Charge set forth in Section 2-4-2 of the City Code by the number of RECs for that use. 3. For residential uses the Sewer Connection Charge shall be paid prior to issuance of a building permit, except as may be provided for by an agreement entered into by the City Council at its discretion except: a) For the initial development of residential uses on lots of record final platted prior to [EFFECTIVE DATEI. the Sewer Connection Charges to be paid prior to issuance of a building permit shall be calculated as one-half the sum of the Sewer Availability Charge and the Sewer Connection Charge as set forth by Section 2-4-2 of the City Code multiplied by the number of RECs. 4. For commercial, industrial and institutional uses the Sewer Connection Charge applicable to the build out of the finished space within all or a portion of a building shall be paid prior to issuance of a building permit for that construction. GD. No person shall connect to the City sewer system without also connecting to the City water system, except by resolution of the City Council. Section 9. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this day of 2012. ATTEST: Tami Loff, City Clerk 10 CITY OF OTSEGO Jessica L. Stockamp, Mayor ORDINANCE NO.: 2012-10 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF OTSEGO REGARDING MUNICIPAL UTILITIES. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 2-4-2.D.2 of the City Code is hereby amended to read as follows: 2. Water Availability Charge: $2,045/REC Section 2. Section 2-4-2.D.3 of the City Code is hereby amended to read as follows: 3. Sewer Availability Charge: $2,472/REC Section 3. Section 2-4-2.J of the City Code is hereby amended to add the following provisions: 8. Water Connection Charge: 9. Sewer Connection Charge: $2,045.00/REC $4,798.00/REC Section 4. Section 2-4-2.J.1 of the City Code is hereby amended to read as follows: 1. Municipal Water and Sewage Usage Rates: a. Water and sewer usage rates are established to be effective with the 1St Quarter billing and may be adjusted based on a review of prior year operations, anticipated future repair and maintenance needs and estimated operating costs. 1 b. Calculation of Base Charges: 1. For residential uses the base charge shall be the base fee multiplied by the number of dwelling units. 2. For non-residential uses the base charge shall be the base fee multiplied by the number of Residential Equivalent Connections (RECs). C. Water Usage Rate: 1. $8.00 base charge + $1.00 for first 2,000 gal + $0.0015/gal. for 2,001 to 10,000 gal. + $0.0016/gal. thereafter. 2. Minimum charge for accounts with usage of 2,000 gal. or less is $8.00. d. Sewer Usage Rate: 1. Non-residential users shall be billed in accordance with actual sewage usage for each month. For residential uses, monthly sewage usage is estimated based on the average of the actual usage for the months of December, January and February. 2. Usage Rates: a. $5.00 base charge. b. $0.005/1,000 gal. thereafter. 3. Minimum charge for accounts with less than three month usage history the minimum charge is $32.00. 4. Minimum charge for accounts with usage of 2,000 gal. or less is $15.00. e. Bulk Water Fee: 1. $1.00/100 gallons plus sales tax. 2. $50.00 minimum charge plus sales tax. 0 Section 5. Section 6-1-3 of the City Code is hereby amended to include the following provisions: D. Capacity for sanitary sewer and water service shall be reserved upon payment of utility availability charges for a period of five (5) years. If after five (5) years, a user having paid utility availability charges has not paid the required utility connection charges applicable to the use and connected to the municipal utility system there shall be no guarantee of adequate sanitary sewer or water utility capacity to serve a development of the property. Section 6. Section 6-1-4 of the City Code is hereby amended to read as follows: 6-1-4: FIXING RATES AND CHARGES FOR MUNICIPAL UTILITIES: A. All rates and charges for municipal utilities, including but not by way of limitation, rates for trunk fees, service, rates for contribution to the system, permit fees, deposit, hook up, meter testing fees, disconnection fees, reconnection fees, and penalty fees for delinquency, shall be set forth in Section 2-4-2 of the City Code. B. For the purpose of fixing rates and charges, the City Council may categorize and classify under various types of services, or by contribution to the system, provided that such categorization and classification in just and equitable and is included in the resolution authorized by this Section. C. Residential Equivalent Connections (RECs) will be established for non-residential users: 1. The number of RECs for a specific use will be as per the current version of the Metropolitan Council Environmental Services Procedures Manual. 2. The City Council, at its discretion upon a finding that the Metropolitan Council Environmental Services Procedures Manual may not apply due to circumstances unique to a particular user, may enter into an agreement to determine the number of RECs based on one of the following alternative methods: a. Information is provided regarding actual water and sewer use by the same or substantially similar use that has been existing for a period of not less than three (3) years. 3 b. The user shall escrow the required fee(s) calculated in accordance with the Metropolitan Council Environmental Services Procedures Manual and monitor actual water use for a period of three(3) years: 1. If the actual water and sewer use during this period is less than the RECs estimated by the Metropolitan Council Environmental Services Procedures Manual, the City will refund the difference without interest. 2. If the actual water and sewer use during this period is greater than the RECs estimated by the Metropolitan Council Environmental Services Procedures Manual the user is not obligated to pay additional fees and the escrow funds shall be released and deposited into the respective Water Fund or Sewer Fund. D. Expansion and Redevelopment. If an existing use connected to the muncipal utility systems is expanded or redeveloped so as to increase the number of RECs, additional water utility charges and sewer utility charges shall be paid for the additional RECs at the current rate established by Section 2-4-2 of the City Code. There shall be no refund of water utility charges or sewer utility charges already paid if the expansion or redevelopment results in a reduction of the number of RECs. Section 7. Section 6-1-5 of the City Code is hereby amended to read as follows: 6-1-5: WATER UTILITY CHARGES: The City Council has determined that in order to pay for the cost of construction, reconstruction, repair, enlargement, improvement, maintenance, operation, and use of the City water system; the cost of complying with State and Federal regulations; and the principal and interest to become due on obligations issued or to be issued, it is necessary to impose just and equitable charges for the use and availability of the municipal water system pursuant to Minnesota Statutes, Section 444.075, Subdivision 3. A. From and after hookup of any premises to the City water system, the owner or owners of said premises shall pay for such water services and usage at rates set forth in Section 2-4-2 of the City Code. B. Water Availability Charges (WAC): 1. The Water Availability Charge for one (1) REC shall be adopted by the City Council in Section 2-4-2 of the City Code and calculated by the City 0 Engineer to include those current and future costs related to the construction of the trunk distribution system for the municipal water utility. 2. The calculation of the Water Availability Charge required to be paid for a specific use shall be calculated by multiplying the Water Availability Charge set forth in Section 2-4-2 of the City Code by the number of RECs for that use. 3. For residential uses Water Availability Charge shall be paid at the time of final plat approval except as may be provided for by an agreement entered into by the City Council at its discretion. 4. For commercial, industrial and institutional uses one (1) Water Availability Charge shall be charged for construction of unfinished space prior to issuance of a building permit for the initial construction; subsequently the Water Availability Charge applicable to the build out of the finished space within all or a portion of a building shall be paid in full prior to the issuance of a building permit for that construction. 5. The Water Availability Charge, or portion thereof, required to be paid either at the time of final plat approval or building permit shall be the current fee in effect as set forth by Section 2-4-2 of the City Code. C. Water Connection Charges: 1. The Water Connection Charge for one (1) REC shall be adopted by the City Council in Section 2-4-2 of the City Code and calculated by the City Engineer to include those current and future costs related to the construction the municipal water utility other than the facilities that comprise the distribution system. 2. The calculation of the Water Connection Charge required to be paid for a specific use shall be calculated by multiplying the Water Connection Charge set forth in Section 2-4-2 of the City Code by the number of RECs for that use. 3. For residential uses the Water Connection Charge shall be paid prior to issuance of a building permit, except as may be provided for by an agreement entered into by the City Council at its discretion, except: (a) For the initial development of residential uses on lots of record final platted prior to [EFFECTIVE DATE], the water connection charges to be paid prior to issuance of a building permit shall be calculated 5 as one-half the sum of the Water Availability Charge and the Water Connection Charge as set forth by Section 2-4-2 of the City Code multiplied by the number of RECs. 4. For commercial, industrial and institutional uses the Water Connection Charge applicable to the build out of the finished space within all or a portion of a building shall be paid prior to issuance of a building permit for that construction. D. No person shall connect to the City water system without also connecting to the City sanitary sewer system, except by resolution of the City Council. Section 8. Section 6-1-7 of the City Code is hereby amended to read as follows: 6-1-6: SEWER UTILITY CHARGES: The City Council has determined that in order to pay for the cost of construction, reconstruction, repair, enlargement, improvement, maintenance, operation, and use of the City sewer system; the cost of complying with State and Federal regulations; and the principal and interest to become due on obligations issued or to be issued, it is necessary to impose just and equitable charges for the use and availability of the municipal sewer system pursuant to Minnesota Statutes, Section 444.075, Subdivision 3. A. From and after hookup of any premises to the City water system, the owner or owners of said premises shall pay for such sewer services and usage at rates set forth in Section 2-4-2 of the City Code. B. Sewer Availability Charges: 1. The Sewer Availability Charge for one (1) REC shall be adopted by the City Council in Section 2-4-2 of the City Code and calculated by the City Engineer to include those current and future costs related to the construction of the trunk collection system for the municipal sewer utility. 2. The calculation of the Sewer Availability Charge required to be paid for a specific use shall be calculated by multiplying the Sewer Availability Charge set forth in Section 2-4-2 of the City Code by the number of RECs for that use. 3. For residential uses the Sewer Availability Charge shall be paid at the time of final plat approval except as may be provided for by an agreement entered into by the City Council at its discretion. on 4. For commercial, industrial and institutional uses one (1) Sewer Availability Charge shall be charged for construction of unfinished space prior to issuance of a building permit for the initial construction; subsequently the Sewer Availability Charge applicable to the build out of the finished space within all or a portion of a building shall be paid in full prior to the issuance of a building permit for that construction. 5. The Sewer Availability Charge, or portion thereof, required to be paid either at the time of final plat approval or building permit shall be the current fee in effect as set forth by Section 2-4-2 of the City Code. C. Sewer Connection Charges: 1. The Water Connection Charge for one (1) REC shall be adopted by the City Council in Section 2-4-2 of the City Code and calculated by the City Engineer to include those current and future costs related to the construction of the municipal sewer utility other than the facilities that comprise the collection system. 2. The calculation of the Sewer Connection Charge required to be paid for a specific use shall be calculated by multiplying the Sewer Connection Charge set forth in Section 2-4-2 of the City Code by the number of RECs for that use. 3. For residential uses the Sewer Connection Charge shall be paid prior to issuance of a building permit, except as may be provided for by an agreement entered into by the City Council at its discretion except: (a) For the initial development of residential uses on lots of record final platted prior to [EFFECTIVE DATE], the Sewer Connection Charges to be paid prior to issuance of a building permit shall be calculated as one-half the sum of the Sewer Availability Charge and the Sewer Connection Charge as set forth by Section 2-4-2 of the City Code multiplied by the number of RECs. 4. For commercial, industrial and institutional uses the Sewer Connection Charge applicable to the build out of the finished space within all or a portion of a building shall be paid prior to issuance of a building permit for that construction. D. No person shall connect to the City sewer system without also connecting to the City water system, except by resolution of the City Council. 7 Section 9. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 13th day of August, 2012. CITY OF OTSEGO M. Jessica L. Stockamp, Mayor ATTEST: Tami Loff, City Clerk 10 O tsTe F o MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Administration City Clerk Loff August 13, 2012 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator Johnson 4.4 Cowboy Jacks Saloon. City Planner Licht AGENDA ITEM DETAILS RECOMMENDATION Approval of Premises Permit for Rogers Youth Hockey Association. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? n/a n/a BACKGROUND/JUSTIFICATION: City Gambling Premises Permit allowing Rogers Youth Hockey Association to sell pull tabs at Cowboy Jacks Saloon. The $100 fee has been received and the background check completed. SUPPORTING DOCUMENTS: ❑ ATTACHED X NONE MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve a premises permit allowing Rogers Youth Hockey Association to sell pulls tabs at Cowboy Jacks Saloon. BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES 71 NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: otsT., co MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Administration Lori Johnson, City Administrator August 13, 2012 PRESENTER(s): REVIEWED BY: ITEM #: Lori Johnson, City Administrator The MnDOT recently notified the City that, based on the 2010 Census, Otsego and several other cities in 5.1 AGENDA ITEM DETAILS RECOMMENDATION: Recommend Council member Vern Heidner be appointed to represent Otsego on Minnesota Department of Transportation's (MnDOT) Region 7W Special Committee on Urbanized Areas (UZA) and the requirement to have a designated metropolitan planning organization (MPO) and that Mayor Jessica Stockamp is appointed as an alternate. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: The MnDOT recently notified the City that, based on the 2010 Census, Otsego and several other cities in Sherburne and Wright Counties are now part of the Twin Cities UZA, which is significant because under federal transportation planning laws those cities must now have a designated metropolitan planning organization. According to the attached letter from MnDOT, that MPO is the Metropolitan Council even though Sherburne and Wright Counties are not part of the Metropolitan Council's jurisdiction. A special committee with representatives from the affected cities, MnDOT, and the Metropolitan Council is being formed to discuss this matter. The first meeting of this group will be held in September. Mayor Stockamp and I discussed representation on the committee, the time commitment it may require as well as the importance of this matter to the City's future. Given those considerations, Council member Heidner has agreed to be appointed as the City's representative with Mayor Stockamp serving as alternate. In addition to the special committee, the Region 7W engineers discussed this matter at a recent Region 7W Transportation Advisory Committee TAC meeting. City Engineer Ron Wagner attended that meeting and excerpts from the agenda and minutes are attached for your review. SUPPORTING DOCUMENTS: Xo ATTACHED ❑ NONE List: • July 13, 2012, Letter from Steven Voss, Minnesota Department of Transportation 1 • Excerpts from TAC meeting agenda and materials MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to appoint Council member Heidner to represent Otsego on the Region 7W Special Committee and that Mayor Stockamp serve as the City's alternate. BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES N/A ❑ NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) �,,,.114ESpT4yp Minnesota Department of Transportation g District 3 F �Qo 7694 Industrial Park Road �OF TRP`° Baxter, MN 56425 July 13, 2012 Ms. Lori Johnson City Administrator City of Otsego 8899 Nashua Avenue Northeast Otsego, MN 55330-7387 Dear Ms. Johnson: Office Phone: 218-828-5700 Fax: 218-828-5814 Toll Free: 1-800-657-3971 On March 27, 2012, the U.S. Census Bureau published its updated list of Urban Areas, based on the results of the 2010 Census. Urban Areas consist of Urbanized Areas (UZA), with a contiguous population of 50,000 or more residents, and Urban Clusters (UC), with populations of 2,500 to 49,999 residents. Under federal transportation planning laws, UZAs are required to have a designated metropolitan planning organization (MPO), whose boundaries must encompass the entire UZA. With the 2010 Census, the Census Bureau expanded the Twin Cities UZA boundary to include portions of She and Wright Counties, including the cities of Albertville, Elk River, Otsego, and St. Michael. The Metropolitan Council serves as the MPO for the Twin Cities UZA. This is the first time the Twin Cities UZA boundary has extended beyond the legislatively defined boundary for the Metropolitan Council jurisdiction. Because of the changes to its UZA boundary, the Metropolitan Council, as the designated fAP0, is obligated under federal transportation `law to consider the newly added urban area in its future transportation planning. and programming activities. Accordingly, the Metropolitan Council, along with the Minnesota Department of Transportation (MnDOT), would like to initiate a dialogue with the jurisdictions affected by the changes to explore options for addressing the expanded Twin Cities metropolitan transportation planning area. An Equal Opportunity Employer 4 0 00- Ms. Lori Johnson City Administrator City of Otsego Page 2 July 13, 2012 The Region 7W Transportation Policy Board (TPB) reviewed this matter at its June 15, 2012 meeting and took action to recommend that each jurisdiction affected by the UZA changes in Region 7W appoint an official to serve on a special committee. This committee will also include representatives from MnDOT and the Metropolitan Council and will review the implications of the changes to the UZA on the region and develop a plan to move ahead for consideration by all parties involved. Please Have your jurisdiction take'actioii 61rthis request to designate a represeriCative to serve on the special committee. Please submit the name of this individual along with their essential contact information to me by Wednesday, August 15, 2012. We will then be in contact with this individual to schedule a meeting sometime in September. Feel free to contact me if you have any questions regarding this matter. Sincerely, �4"Js District Planning Director Region 7W Facilitator min cc: Region 7W Transportation Policy Board Region 7W Transportation Advisory Committee Twin Cities Urban Area Boundary Changes Age Pre -Meeting Wednesday, July, 25, 2012 1:30 to 3:30 p.m. St. Michael City Hall 11800 Town Center Drive NE St. Michael, MN 55376 Agenda topics Welcome and Introductions Steve Voss Explanation of Urban Area & MPO Connie Kozlak Boundary Changes Roles and Responsibilities of MPOs Connie Kozlak Options for Moving Ahead All Next Steps All Adjourn Steve Voss What is a Metropolitan Planning Organization and its functions? /17n - eV"JCz.ss 14 Po �IcrJ a_ KJ4 -r716Y TV v7/r-s g� .5rq � �) Se�ef' . �7GS A metropolitan planning organization (MPO) is a transportah n poic - ing organization made up of representatives from local government and transportation authorities. The Federal legislation passed in the early 1970,'s required the formation of an MPO for any urbanized area with a population greater than 50,000. MPOs were created in order to ensure that existing and future expenditures for transportation projects and programs were based on a continuing, cooperative and comprehensive (3-C) planning process. Federal funding for transportation projects and programs are channeled through this planning process. There are five core functions of an MPO: Establish a setting: Establish and manage a fair and impartial setting for effective regional decisionmaking in the metropolitan area. Evaluate alternatives: Evaluate transportation alternatives, scaled to the size and complexity of the region, to the nature of its transportation issues, and to the realistically available options. Maintain a Long -Range Transportation Plan (LRTP): Develop and update a long-range transportation planfor the metropolitan area covering a planning horizon of at least twenty years that fosters (1) mobilityand access for people and goods, (2) efficient system performance and preservation, and (3) quality of life. Develop a Transportation Improvement Program (TIP): Develop a program based on the long-range transportation plan and designed to serve the area's goals, using spending, regulating, operating, management, and financial tools. Involve the public: Involve the general public and all the significantly affected sub -groups in the four essential functions listed above. Conforms with the SIP for air quality if the region is designated a nonattainment or maintenance area; Is approved by the MPO and the governor for air quality; and }: Is incorporated into the statewide transportation improvement program (STIP). 0 0 Population Change in the Twin Cities Metropolitan Area and Adjacent Counties, 2000-2010 Loss 0-99 100-499 500-999 1,000 - 2,499 .'. 2,500 - 4,999 ® 5,000 - 16,508 ®Twin Cities Metropolitan Area county bounday Adjacent counties boundary Municipal boundary 2 Metropolitan Council Source: U.S. Census Bureau. 04 8 16 Miles I, l l l, l l l Twin Cities Urbanized Area Interstate Highway lState Border L._ County Q 2010 UZA Boundary Existing UZA Boundary Municipality � leer Blig Lake- Ma'n 194 Ot Ram, ancis S aier t. Ils h66,m D ser Oak Grove East Bethel &fi ago ming ce a • i CoiumbLIS j a a /Forest Lake Scandia ; Saint M! e _ noka Dayto %� Marine on nt Croix Buffalo- non Rapids r M ' 1% t amplin Blaine este e u o Gi Rines �1 SQet �, 4i Osseo �Nlirsg, Laky` j Corcoran ap rove 'Mo `ds iew F?e Richmo reenfield ' Brook yn Park Fri ley. ord Montrose Broo S rev vu_ hpdeh 694 ills Grant r c y �; ea' 'ak H on Loretto Coligmbia Hei toNe .tri to 4 M 'Kt¢ e i til Deland N Ilndependen Me ina Ply Ho C I" ; S pe rya utho6binsda r11,4 adnis_ ! ne La _ l4F!a fights it I Ma o ain _ ficin d _ aGblden Valloy oseville and eLittle Cana, 9plewdod - N (H dson L al on He!ghis `' ale 1 Watertown Minnetns Oronoi Wobdl 194 ! 194 `" 4 nd Saint Louis Park ound D�phaven . S oo hiopkips._ ... L i L el r " ke Sam ., ix Beach " 'Marys Saint Tonk� Bay% `' Minneto ' ca:_ M stiSaint Me P I Woodbury AftonS Point Mayen enwood Chanhassen Edina IR field'_4 n Hgig 'Sou w e.. _ MconiaEden J Prairie ; Saih i6 Pa Bloomin on �� Inv r e H haska ate° - an '•.; rov Ca r ;Savage Bur v' Apple Valley amount 'gid. s t 1-1^mho+rc re .: Hastings' omo®off 7.. _ . _ ._ - Coates _ fe L-------- akeville Vermillion Jardarr _ F g iia Red ° Belle Plaine Hampton Dram -4/5/2012 For informational purposes only. MPO/UZA Boundary Discussion Issue Definition - Since 1967 Council jurisdiction has covered full 7 counties for transportation as well as all other purposes, which until now has been a larger area than federal minimum (UZA + 20 years is usually pretty close to the Council defined MUSA) - 2010 UZA map which was recently released is the first UZA to go beyond the seven counties, taking in about .05 Sq mi and 260 pop in Houlton, WI and about 57,000 pop in Wright and Sherburne counties (see map) Assumptions No desire to expand the Metro Council boundaries except for MPO purposes No desire to expand MPO boundaries to include all of Sherburne and Wright counties (a portion of Sherburne county is already in St Cloud MPO) Governance Questions - What are options for expansion into Wright/Sherburne? How much of Wright and Sherburne to include? (more than UZA plus 20 year growth?) Who decides? Met Council boundary is defined in state law, while federal rules are that the governor designates the MPO with concurrence of local govts including the central city How to include other areas in the MPO process? o Through an MOU with the affected areas? o TAC/TAB representation o MnDOT issues (Wright/Sherburne are part of district 3, rest of area is Metro. STP "Urban guarantee", MnDOT "target formula" goes by district) o Will a change in state law be needed? (Met Council boundary and Tab membership are defined in state law; federal rules are that the governor designates the MPO with concurrence of local govts including the central city, but legislative involvement is not required) o Does there need to be a "redesignation" or just a boundary change (redesignation is not a US DOT requirement for UZA changes, but local situation may dictate otherwise) 473.146, 2011 Minnesota Statutes Page 2 of 3 Subd. 3. Development guide: transportation. The transportation chapter must include policies relating to all transportation forms and be designed to promote the legislative determinations, policies, and goals set forth in section 473.371. In addition to the requirements of subdivision 1 regarding the contents of the policy plan, the nontransit element of the transportation chapter must include the following: (1) a statement of the needs and problems of the metropolitandand for and constraints ton access to o the functions covered, including the present and prospects ve regional business concentrations and other major activity centers and the constraints on and acceptable levels of development and vehicular trip generation at such centers; (2) the objectives of and the policies to be forwarded by. the policy plan; (3) a general description of the physical facilities and services to be developed; (4) a statement as to the general location of physical facilities and service areas; (5) a general statement of timing and priorities in the development of those physical facilities and service areas; (6) a detailed statement, updated every two years, of timing and priorities for improvements and expenditures needed on the metropolitan highway system; (7) a general statement on the level of public expenditure appropriate to the facilities; and (8) a long-range assessment of air transportation trends and factors that may affect airport development in the metropolitan area and policies and strategies that will ensure a comprehensive, coordinated, and timely investigation and evaluation of alternatives for airport development. The council shall develop the nontransit element in consultation with the transportation advisory board and the Metropolitan Airports Commission and cities having an airport located within or adjacent to its corporate boundaries. The council thell alsotaento consideration coupe 1 shall he airport development and operations plans and activities of lcommission. transmit the results to the state Department of Transportation. Subd. 4. Transportation planning. (a) The Metropolitan Council is the designated planning agency for any long-range comprehensive transportation planning required by section 134 of the Federal Highway Act of 1962, Section 4 of Urban Mass Transportation Act of 1964 and Section 112 of Federal Aid Highway Act of 1973 and other federal transportation laws. The council shall assure administration and coordination of transportation planning with appropriate state, regional and other agencies, counties, and municipalities. (b) The council shall establish an advisory body consisting of citizens and representatives of municipalities, counties, and state agencies in fulfillment of the planning responsibilities of the council. The membership of the advisory body must consist of: (1) the commissioner of transportation or the commissioner's designee; (2) the commissioner of the Pollution Control Agency or the commissioner's designee; (3) one member of the Metropolitan Airports Commission appointed by the commission; (4) one person appointed by the council to represent nonmotorized transportation; 11 __._ _._.,--,,/,tatr,tPc/7;c1=473.146&year=2011 7/25/2012 Federal Register / Vol. 72, No. 30/Wednesday, February 14, 2007/Rules and Regulations 7271 §450.308 Funding for transportation planning and unified planning work programs. (a) Funds provided under 23 U.S.C. 104(f), 49 U.S.C. 5305(d), 49 U.S.C. 5307, and 49 U.S.C. 5339 are available to MPOs to accomplish activities in this subpart. At the State's option, funds provided under 23 U.S.C. 104(b)(1) and (b)(3) and 23 U.S.C. 105 may also be provided to MPOs for metropolitan transportation planning. In addition, an MPO serving an urbanized area with a population over 200,000, as designated by the Bureau of the Census, may at its discretion use funds sub -allocated under 23 U.S.C. 133(d)(3)(E) for metropolitan transportation planning activities. (b) Metropolitan transportation planning activities performed with funds provided under title 23 U.S.C. and title 49 U.S.C. Chapter 53 shall be documented in a unified planning work program (UPWP) or simplified statement of work in accordance with the provisions of this section and 23 CFR part 420. (c) Except as provided in paragraph (d) of this section, each MPO, in cooperation with the State(s) and public transportation operator(s), shall develop a UPWP that includes a discussion of the planning priorities facing the MPA. The UPWP shall identify work proposed for the next one- or two-year period by major activity and task (including activities that address the planning factors in § 450.306(a)), in sufficient detail to indicate who (e.g., MPO, State, public transportation operator, local government, or consultant) will perform the work, the schedule for completing the work, the resulting products, the proposed funding by activity/task, and a summary of the total amounts and sources of Federal and matching funds. (d) With the prior approval of the State and the FHWA and the FTA, an MPO in an area not designated as a TMA may prepare a simplified statement of work, in cooperation with the State(s) and the public transportation operator(s), in lieu of a UPWP. A simplified statement of work would include a description of the major activities to be performed during the next one- or two-year period, who (e.g., State, MPO, public transportation operator, local government, or consultant) will perform the work, the resulting products, and a summary of the total amounts and sources of Federal and matching funds. If a simplified statement of work is used, it may be submitted as part of the State's planning work program, in accordance with 23 CFR part 420. (e) Arrangements may be made with the F'HWA and the FTA to combine the UPWP or simplified statement of work with the work program(s) for other Federal planning funds. (f) Administrative requirements for UPWPs and simplified statements of work are contained in 23 CFR part 420 and FTA Circular C8100.113 (Program Guidance and Application Instructions for Metropolitan Planning Grants). §450.310 Metropolitan planning organization designation and redesignation. (a) To carry out the metropolitan transportation planning process under this subpart, a metropolitan planning organization (MPO) shall be designated for each urbanized area with a population of more than 50,000 individuals (as determined by the Bureau of the Census). (b) MPO designation shall be made by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city, based on population, as named by the Bureau of the Census) or in accordance with procedures established by applicable State or Iocal law. (c) Each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate MPOs shall, to the extent practicable, provide coordinated transportation planning for the entire MPA. The consent of Congress is granted to any two or more States to: (1) Enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under 23 U.S.C. 134 and 49 U.S.C. 5303 as the activities pertain to interstate areas and localities within the States; and (2) Establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and com acts effective. (d�Each MPO that serves a TMA, when designated or redesignated under this section, shall consist of local elected officials, officials of public agencies that administer or operate major modes of transportation in the metropolitan planning area, and appropriate State transportation officials. Where appropriate, MPOs may increase the representation of local elected officials, public transportation agencies, or appropriate State officials on their policy boards and other committees as a means for encouraging greater involvement in the metropolitan transportation planning process, subject to the requirements of paragraph (k) of this section. (e) To the extent possible, only one MPO shall be designated for each urbanized area or group of contiguous urbanized areas. More than one MPO may be designated to serve an urbanized area only if the Governor(s) and the existing MPO, if applicable, determine that the size and complexity of the urbanized area make designation of more than one MPO appropriate. In those cases where two or more MPOs serve the same urbanized area, the MPOs shall establish official, written agreements that clearly identify areas of coordination and the division of transportation planning responsibilities among the MPOs. (f) Nothing in this subpart shall be deemed to prohibit an MPO from using the staff resources of other agencies, non-profit organizations, or contractors to carry out selected elements of the metropolitan transportation planning process. (g) An MPO designation shall remain in effect until an official redesignation has been made in accordance with this section. (h) An existing MPO may be redesignated only by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the existing metropolitan planning area population (including the largest incorporated city, based on population, as named by the Bureau of the Census). (i) Redesignation of an MPO serving a multistate metropolitan planning area requires agreement between the Governors of each State served by the existing MPO and units of general purpose local government that together represent at least 75 percent of the existing metropolitan planning area population (including the largest incorporated city, based on population, as named by the Bureau of the Census). (j) For the purposes of redesignation, units of general purpose local government maybe defined as elected officials from each unit of general purpose local government located within the metropolitan planning area served by the existing MPO. (k) Redesignation of an MPO (in accordance with the provisions of this section) is required whenever the existing MPO proposes to make: (1) A substantial change in the proportion of voting members on the existing MPO representing the largest incorporated city, other units of general purpose local government served by the MPO, and the State(s); or (2) A substantial change in the decisionmaking authority or Federal Register /Vol. 72, No. 30/W ednesday, February 14, 2007 / Rules and Regulations 7273 metropolitan transportation planning of pedestrian walkways and bicycle facilities, representatives process required under the EPA transportation mity 3 confor anaion s, processes for affected MPOs should, to the maximum extent possible, reflect transportation of the disabled, and other interested to part ( P and re on e Poo coordinated data collection, analysis, parties with reasonable opportunities be involved in the metropolitan s haport ll e as part of the and planning assumptions across the MTAs. Alternatively, a single transportation planning process. shall be final metropolitan transportation plan an(3 metropolitan transportation plan and/or TIP for the entire urbanized area may be (1) The participation plan developed by the MPO in consultation all interested parties and shall, at ATminimum public comment period of 45 calendar days shall be developed jointly by the MPOs in with describe explicit provided before the initial or revised cooperation with their respective planning partners. Coordination efforts a minimum, procedures, strategies, and desired participationthe Cop es of the applan is rovedted and outcomes shall be documented in and outcomes for: (i) Providing adequate public notice of participation plan shall be provided to subsequent transmittals of the UPWP and other planning products, including public participation activities and time key the FHWA and the FTA for ti nal shall the metropolitan transportation plan TIP, to the State(s), the FHWA, and forpublicrevieinc d dincomment points, but not to posted on the Wold Wide to the extent practicable. and the FTA. (e) Where the boundaries of the limited to a reasonable opportunity comment on the proposed metropolitan TIP; maximum (b) In developing metropolitan rt and s,nd MPO ation pwith urbanized area or MPA extend across two or more States, the Governors with transportation plan and the (ii) Providing timely notice and to information about should consultagencies alans officials responsible for other planning responsibility for a portion of the multistate area, the appropriate MVO(s), reasonable access transportation issues and processes; (iii)Em Employing visualization activities within the MPA that are affected by transportation (including and the public transportation operator(s) shall coordinate transportation planning techniques to describe metropolitan trans ortation and TIPS; State and local planned growth, economic development, environmental for the entire multistate area. States plans (iv�Making public information protection, airport operations, or freight involved in such multistate (technical information and meeting movements) or coordinate its planning transportation planning may: (1) Enter into agreements or compacts, notices) available in electronically formats and means, such as process (to the maximum extent with such planning not to conflict with any law of thed States, for cooperative efforts Unite accessible the World Wide Web; Holding ) v an public meetings at p (og y practicable) activities. In addition, metropolitan transportation plans and TIPS shall be and mutual assistance in support of ti convenient and accessible locations and developed with due consideration of activities authorized under this section as the activities pertain to interstate times; (vi) Demonstrating explicit other related planning activities within the metropolitan area, and the process areas and localities within the States; consideration and response to public shall provide for the design and delivery and (2) Establish such agencies, joint or in input received during the development of the metropolitan transportation plan P P P of transportation services within the area that are provided by: otherwise, as the States may determine desirable for making the agreements and and the TIP; the (1) Recipients of assistance under title compacts effective. (f) If part of an urbanized area that has (vii) Seeking out and considering needs of those traditionally underserved by transportation systems, such 49 U.S.C. Chapter 53; (2) Governmental agencies and non - (including been designated as a TMA overlaps into MPA an urbanized existing as low-income and minority profit organizations representatives of the agencies and. an adjacent serving area that is not designated as a TMA, the households, who may face challenges employment and other organizations) that receive Federal from a source other than the adjacent urbanized area shall not be treated as a TMA. However, a written accessing services; (viii) Providing an additional assistance U.S. Department of Transportation to non -emergency transportation agreement shall be established between the MPOs with MPA boundaries opportunity for public comment, if the final metropolitantransportation plan or provide services; and (3) Recipients of assistance under 23 including a portion of the TMA, which clearly identifies the roles and TIP differs significantly from the version U S.C. 204. that was made available for public When the MPA includes Indian responsibilities of each MPO in meeting comment by the MPO and raises new (c) Tribal lands, the MPO shall specific TMA requirements (e.g., erested parties material issues which intappropriately involve the Indian Tribal congestion management process, Surface Transportation Program funds could not reasonably have foreseen from the public involvement efforts; government(s) in the development of the metropolitan transportation plan and suballocated to the urbanized area over 200,000 population, and project (ix) Coordinating with the statewide transportation planning public the TIP d When the MPA includes Federal selection). Interested parties, participation, involvement and consultation processes under subpart B of this part; and blit lands, the MPO shall involve the Federal land §450.316 and consultation. (a) The MPO shall develop and use a (x) Periodically reviewing the effectiveness of the procedures and appropriately management agencies in the development TIP documented participation plan that strategies contained in the participation to a full and open transportation plane and the NpOs defines a process for providing citizens, plan ensure shall, to the extent affected public agencies, representatives participation process. (e) (2) When significant written and oral practicable, of public transportation employees, freight shippers, providers of freight comments are received on the draft e tran ad s(es) that outlinesroles, resp ldecision and er is transportation services, private providers of transportation, metropolitanw th othities, fi financial plans)station governments na forconsulting (including s g in this and agencies, as defined in paragraphs representatives of users of public result of the participation process or the interagency consultation (b), (c), and (d) of this section, which transportation, representatives of users section