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07-09-07 ITEM 5_1 CLAIMS LIST CITY COUNCIL MEETING JULY 9, 2007 TO: Judy Hudson Attached is the Claims List for the City Council. For more details, please refer to the Check Detail Registers. If you have any questions regarding this service, please let me know. Claims Register 06-26-2007 $ 1,101,762.78 07 -05 -2007 $ 665,271.66 PAYROLL 07 -03 -2007 $ 39,652.59 GRAND TOTAL $ 1,806,687.03 If you have any questions or if you would like to review this list further, please let me know. Sue Frisch Bookkeeper CITY OF OTSEGO 07/05/07 10:04 AM Page 1 *Check Summary Register© JULY 2007 Name Check D ate C heck Amt 10100 BANK OF ELK RIVER UnPaid ABDO ABDO EICK & MEYERS LL $22,525.00 2006 YEAR END AUDIT UnPaid ARROW TERMINAL LLC $295.05 COTTER PINS UnPaid BARTON SAND & GRAVEL CO $221.82 CLASS 5 UnPaid BUSINESS FORMS AND ACCOU $147.10 A/P LASER CHECKS $1,528.81 PLAYGROUND MULCH - PR PK/SK UnPaid CENTRAL WOOD PRODUCTS $119.06 MONTHLY SERVICE UnPaid CHARTER COMMUNICATIONS UnPaid CITY OF MONTICELLO $268.38 MAY ANIMAL CONTROL UnPaid CITY OF ROGERS $19,895.35 2007 FIRE CONTRACT UnPaid COBORNS INC $83.20 DRY CLEANING UnPaid CUB FOODS ELK RIVER $91.70 MISC SUPPLIES UnPaid DISTINCTIVE CUSTOM BUILDER $1,000.00 7451 LARGE - LNDSCP ESC REFUND UnPaid DJ'S TOTAL HOME CENTER $47.61 REPAIR PARTS UnPaid DRAKE CONSTRUCTION, INC. $1,000.00 7669 PADGETT - LNDSCP ESC REFUND UnPaid DUSTCOATING, INC. $1,340.00 DUST CONTROL UnPaid EARL F ANDERSON INC $1,142.08 ZIMMER FARMS 6 UnPaid ECM PUBLISHERS INC $1,410.76 LEGAL NOTICE $2,036.93 REPAIR ELECTRIC LINES UnPaid ELECTRICAL INSTALLATION & M $ $321.63 ADMIN NOTICE FORMS, LETTERHEAD UnPaid ELK RIVER PRINTING & PARTY $886.48 UTIL - JULY UnPaid FORT DEARBORN LIFE UnPaid GOVERNMENT TRAINING SERVI $135.00 DAVE THOMPSON ZONING WKSHP UnPaid GRANDVIEW BUILDERS INC $2,500.00 6577 MASON - LNDSCP & DRVWY ESC REF UnPaid HAKANSON ANDERSON ASSOC $152,669.37 WATER TOWER #1 ALT VLV & BOOSTER P UnPaid HELGESON MAILING SERVICE L $749.00 MAY /JUNE NEWSLETTER UnPaid HOMES PLUS $7,500.00 7712 PADGETT - LNDSCP /DRWY ESC REFU UnPaid ICMA RETIREMENT TRUST $823.22 PPE 6/30/07 CH DTD 7/3/07 UnPaid INK WIZARDS, INC. $143.60 PW UNIFORM SHIRTS UnPaid JOHN DEERE LANDSCAPES $25.61 SPRAYHEADS FOR PRAIRIE PARK UnPaid KRUEGER CONSTRUCTION, INC $50.50 15729 -94TH REFUND -JOB CANCELLED UnPaid LEAGUE OF MN CITIES INS TRU $24,858.00 WORKERS COMPENSATION UnPaid LEGACY COMPANIES, INC. $544.50 AC UNITS REPAIR AT CITY HALL UnPaid LUBRICATION TECHNOLOGIES $571.18 MOBIL DELVAC XTREME SV GRS UnPaid MENARDS $83.76 TANKER & GEN'L PURPOSE ROLLERS UnPaid MERGES ANDREW $5,416.66 JUNE 2007 ASSESSING WORK UnPaid NAPA OF ELK RIVER INC $165.13 AIR HOSE, FITTINGS UnPaid NORTHLAND TRUST SERVICES, $225,206.66 GEN OBL IMP BOND SERIES 2006B UnPaid OFFICEMAX $310.25 OFFICE SUPPLIES UnPaid PUBLIC EMPLOYEES RETIREME $4,096.88 PPE 6/30/07 CH DTD 7/3/07 UnPaid PURCHASE POWER $518.99 POSTAGE $145.08 PW PHONE SERVICE UnPaid QWEST $190.18 8899 NASHUA UnPaid RANDY'S SANITATION UnPaid REED BUSINESS INFORMATION $298.82 AD FOR BIDS - QUANTRELLE /88TH UnPaid ROLFE BUILDERS, INC. $1,000.00 7768 LASALLE - LNDSCP ESC REF UnPaid S. R. WEIDEMA $82,086.96 65TH STREET DUAL FORCEMAIN UnPaid SHERWIN - WILLIAMS CO. $47.32 PAINT UnPaid SIGNCAD SYSTEMS, INC. $4,495.00 SIGNCAD SOFTWARE $1,000.00 7510 OHLAND - LNDSCP ESC REFUND UnPaid SIMMER BROTHERS HOMES, IN $205.98 LAP TOP SERVICE UnPaid SPRINT UnPaid STS CONSULTANTS LTD $1,176.45 QUEENS AVENUE CONSTRUCTION UnPaid SUPERIOR LAWN $2,850.35 CITY PROPERTIES UnPaid TIM ROCHEL $441.05 MILEAGE UnPaid TOSHIBA AMERICA INFO SYS IN $130.29 PW TOSHIBA COPIER $246.99 BROOM, SMALL TOOLS UnPaid UNITED RENTALS NORTHWEST, $39,371.25 GEN OBL IMP BONDS, SERIES 2003A UnPaid US BANK UnPaid WRIGHT COUNTY AUDITOR -TRE $50,856.67 JULY SHERIFF PATROL CITY OF OTSEGO 07/05/07 10:04 AM Page 2 *Check Summary Register© JULY 2007 Name Check Date C heck Amt Total Checks $665,271.66 FILTER: None CITY OF OTSEGO 07/05/07 10:05 AM Page 1 *Check Detail Register© JULY 2007 Check Amt Invoice Comment 10100 BANK OF ELK RIVER 'Unpaid ------ -- ABDO ABDO EICK & MEYERS LLP E 101-41600-304 Accounting & Auditing $22525.00 232467 2006 YEAR END AUDIT Total ABDO ABDO EICK & MEYERS LLP $22,525.00 N$irr-----------AiitbWfiiiiiiiCilrc--------- ---- — — E 101-43100-210 Operating Supplies (GENERAL) $90.41 48324-IN WIRE LOCK PINS E 101-43100-210 Operating Supplies (GENERAL) $24.58 48426-IN COTTER PINS E 101-43100-220 Repair/Maint Supply (GENERAL) $180.06 48489-IN REPAIR PARTS Total ARROW TERMINAL LLC $295.05 ntmsssemn *seat. ■ mom** — Unpaid BARTON SAND & GRAVEL CO E 101-43100-370 Sand andGravel $221.82 CLASS 5 Total BARTON SAND & GRAVEL CO $221.82 --- ---- Unpaid BUSINESS FORMS AND ACCOUNTING E 101-41600-201 Office Supplies $147.10 37903 NP LASER CHECKS Total BUSINESS FORMS AND ACCOUNTING $147.10 U E 101-45200-210 Operating Supplies (GENERAL) $764.40 72014 PLAYGROUND MULCH - PR PK/SK E 101-45200-210 Operating Supplies (GENERAL) $764.41 72014 PLAYGROUND MULCH - PR PK/SK Total CENTRAL WOOD PRODUCTS $1,528.81 Unpaid CHARTER COMMUNICATIONS --- E 101-41400-390 Contracted Services $119.06 MONTHLY SERVICE Total CHARTER COMMUNICATIONS $119.06 ----- , — Unpaid CITY OF MONTICELLO E 101-42710-390 Contracted Services $268.38 10479 MAY ANIMAL CONTROL Total CITY OF MONTICELLO $268.38 --------- Unpaid CITY OF ROGERS E 212-42200-390 Contracted Services $19,895.35 2007 FIRE CONTRACT Total CITY OF ROGERS $19,895.35 Unp COBORNS INC E 250-42410-310 Miscellaneous $83.20 DRY CLEANING Total COBORNS INC $83.20 ---- Unpaid CUB FOODS ELK RIVER E 101-41400-203 Supplies - General $91.70 MISC SUPPLIES Total CUB FOODS ELK RIVER $91.70 — _ --- Unpaid DISTINCTIVE CUSTOM BUILDERS E 702-41400-310 Miscellaneous $1,000.00 7451 LARGE - LNDSCP ESC REFUND Total DISTINCTIVE CUSTOM BUILDERS $1,000.00 IirWir-----1371TOTAIIBiebiiiiii- --* ' - - -- - — E 101-45200-210 Operating Supplies (GENERAL) $4.24 22944 CUT KEYS E 101-43100-210 Operating Supplies (GENERAL) $18.08 23103 CAULK, TAPE E 101-45200-220 Repair/Maint Supply (GENERAL) $4.00 23316 REPAIR PARTS E 101-45200-210 Operating Supplies (GENERAL) $21.29 23333 PADLOCK Total DJ'S TOTAL HOME CENTER $47.61 Unpaid DRAKE CONSTRUCTION, INC. E 702-41400-310 Miscellaneous $1,000.00 7669 PADGETT - LNDSCP ESC REFU Total DRAKE CONSTRUCTION, INC. $1,000.00 CITY OF OTSEGO 07/05/07 10:05 AM Page 2 *Check Detail Register© JULY 2007 Check Amt Invoice Comment Unpaid DUSTCOATING, INC. E 101 - 43100 -436 Dustcoating $1,340.00 8014 DUST CONTROL Total DUSTCOATING, INC. $1,340.00 Unpaid EARL F ANDERSON INC R 101 -34301 Street, Sidewalk and Curb Fees $81.66 77948 -IN RIVERPLACE 3 R 101 -34301 Street, Sidewalk and Curb Fees $1,060.42 77949 -IN ZIMMER FARMS 6 Total EARL F ANDERSON INC $1,142.08 Unpaid - ECM PUBLISHERS INC E 101 -41400 -350 Print/Binding (GENERAL) $111.38 246325 LEGAL NOTICE E 101 -41400 -350 Print/Binding (GENERAL) $59.40 246326 LEGAL NOTICE E 101 -41400 -350 Print/Binding (GENERAL) $89.10 246937 AD FOR CLEANING SERVICES E 101 -41400 -350 Print/Binding (GENERAL) $490.05 246938 LEGAL NOTICE - PUBLIC HEARING E 101 -41400 -350 Print/Binding (GENERAL) $74.25 246939 LEGAL NOTICE - PUBLIC HEARING E 101 -41400 -350 Print/Binding (GENERAL) $96.53 246940 LEGAL NOTICE - PUBLIC HEARING E 101 -41400 -350 Print/Binding (GENERAL) $51.98 246941 LEGAL NOTICE - PUBLIC HEARING E 101 -41400 -350 Print/Binding (GENERAL) $59.40 246942 LEGAL NOTICE - PUBLIC HEARING E 495 -49450 -350 Print/Binding (GENERAL) $378.67 246965 AD FOR BIDS - QUANTRELLE AVE Total ECM PUBLISHERS INC $1,410.76 Unpaid ELECTRICAL INSTALLATION & MNTC E 601 - 49400 -400 Repairs & Maint Cont $2,036.93 9013 -IN REPAIR ELECTRIC LINES Total ELECTRICAL INSTALLATION & MNTC $2,036.93 Unpaid ELK RIVER PRINTING & PARTY PLU E 101 -41400 -350 Print/Binding (GENERAL) $211.40 25277 ADMIN NOTICE FORMS, LETTERHEAD E 250 -42410 -350 Print/Binding (GENERAL) $110.23 25277 TIM, JOE, HAROLD BUSINESS CARD Total ELK RIVER PRINTING & PARTY PLU $321.63 Unpaid FORT DEARBORN LIFE E 601 -49400 -130 Employer Paid Ins (GENERAL) $8.85 UTIL - JULY E 101 -43100 -130 Employer Paid Ins (GENERAL) $278.37 PW - JULY E 602 -49450 -130 Employer Paid Ins (GENERAL) $8.85 UTIL - JULY E 101 -41400 -130 Employer Paid Ins (GENERAL) $203.53 ADMIN - JULY E 250 -42410 -130 Employer Paid Ins (GENERAL) $238.33 BLDG - JULY E 101 -41600 -130 Employer Paid Ins (GENERAL) $148.55 FIN - JULY Total FORT DEARBORN LIFE $886.48 Unpaid GOVERNMENT TRAINING SERVICE E 101 -41530 -360 Education/Training/Conferences $135.00 13122 DAVE THOMPSON ZONING WKSHP Total GOVERNMENT TRAINING SERVICE $135.00 Unpaid GRANDVIEW BUILDERS INC E 70241400 -310 Miscellaneous $2,500.00 6577 MASON - LNDSCP & DRVWY ES Total GRANDVIEW BUILDERS INC $2,500.00 Unpaid HAKANSON ANDERSON ASSOC INC G 701 -22434 Crimson Ponds West $893.93 21317 CRIMSON PONDS WEST G 701 -22315 RIVERWOOD NATIONAL $100.00 21318 RIVERWOOD NATIONAL G 701 -22349 ARBOR CREEK $200.00 21319 ARBOR CREEK G 701 -22356 KITTR CROSS PPRZ $348.55 21320 KITTREDGE CROSSING G 701 -22366 MARTIN FARMS $746.60 21321 MARTIN FARMS G 701 -22377 OTSEGO PRESERVE $770.48 21322 OTSEGO PRESERVE G 701 -22384 FOREST HILLS $78.65 21323 FOREST HILLS G 701 -22393 REMINGTON COVES $45.38 21324 REMINGTON COVES G 701 -22387 ARBOR PLACE PPREZONE $173.25 21325 ARBOR PLACE G 701 -22394 DUERR PROP $200.00 21326 DUERR CREEK CITY OF OTSEGO 07/05/07 10:05 AM Page 3 *Check Detail Register© JULY 2007 Check Amt Invoice Comment G 701 -22397 SUNRAY FARMS 2ND $100.00 21327 SUNRAY FARMS 2 G 701 -22401 ZIMMERFARMS 3RD $16.74 21328 ZIMMER FARMS 3 G 701 -22409 PLEASANT CRK 3RD $136.13 21329 PLEASANT CREEK 3 G 701 -22419 ZIMMER 4TH $658.11 21331 ZIMMER FARMS 4 G 701 -22413 OTSEGO PRESERVE II $571.97 21332 OTSEGO PRESERVE 2 G 701 -22426 FIN PLAT ARBOR CRK 3 $389.86 21333 ARBOR CREEK 3 G 701 -22396 ARBOR CREEK 2ND $627.33 21334 ARBOR CREEK 2 G 701 -22432 OTSEGO PRESERVED! $1,342.72 21335 OTSEGO PRESERVE 3 G 701 -22422 ROTTLUND HOMES $10,991.19 21336 ROTTLUND/WILDFLOWER G 701 -22465 GREAT RIVER CTR $458.26 21338 GREAT RIVER CENTRE G 701 -22431 PLEASANT CRK 4TH $338.80 21339 PLEASANT CREEK 4 E 601 -49400 -302 Engineering Fees $96.94 21340 SCADA REVISIONS /RADIO FREQUENC E 490 -49400 -302 Engineering Fees $291.12 21341 W/S IMPR -194 W IND PK E 490 -49450 -302 Engineering Fees $291.11 21341 W/S IMPR -194 W IND PK E 444- 43100 -302 Engineering Fees $5,163.57 21342 65TH ST DUAL FORCEMAIN E 101 -41560 -302 Engineering Fees $1,501.95 21344 STAFF MEETINGS E 495 -49450 -302 Engineering Fees $1,278.01 21345 GRENINS MISS CITY SEWER E 203 -45210 -302 Engineering Fees $96.94 21346 OTSEGO CITY PARKS G 701 -22353 PLFRM ORRIN THOMP $744.93 21347 PLEASANT CREEK 2 G 701 -22361 SUN RAY FARMS $493.25 21348 SUNRAY FARMS G 701 -22369 DR H ZIMMER PROP $102.23 21349 ZIMMER FARMS G 701 -22462 DUKE REALTY $177.72 21350 GATEWAY NORTH - DUKE G 701 -22392 MISSISSIPPI COVE 1 & 2 $4,589.28 21351 DAVIS MISSISSIPPI COVE G 701 -22445 RIVER PLACE II $385.10 21352 RIVERPLACE 2 G 701 -22463 ARBOR CREEK 4TH $222.48 21353 ARBOR CREEK 4 G 701 -22433 ZIMMER FARMS 5 /PHASE 4 $494.58 21354 ZIMMER FARMS 5 G 701 -22467 ZIMMER FARMS 6 $249.12 21355 ZIMMER FARMS 6 G 701 -22479 RIVERPLACE 3RD ADDITION $2,110.76 21356 RIVERPLACE 3 G 701 -21855 FRIENDSHIP ADDITION $80.79 21357 FRIENDSHIP PLAT E 101 -41560 -302 Engineering Fees $553.71 21358 2007 MSAA E 444 -43256 -302 Engineering Fees $107.25 21360 UPGRAD LIFT STATION E 101 -41560 -302 Engineering Fees $5,000.04 21361 2007 ROAD MAINT PROJ E 485 - 43100 -302 Engineering Fees $2,098.24 21362 CSAH 42 - (39 TO 85TH) E 480 - 43100 -302 Engineering Fees $280.93 21363 194 /ALBERTVILLE TRAFFIC STUDY E 485 -43100 -302 Engineering Fees $125.12 21364 CSAH 42 SIGNALS E 408 -43100 -302 Engineering Fees $5,794.24 21366 OTSEGO CRK IMPROVEMENT PROJ E 499 -49400 -302 Engineering Fees $777.51 21369 CITY WELL HEAD PROT E 444 -49400 -302 Engineering Fees $17,513.06 21370 WATER TOWER #3 E 444 -49400 -302 Engineering Fees $12,500.10 21372 WATER TOWER #1 ALT VLV & BOOST E 475 - 43100 -302 Engineering Fees $5,429.56 21373 WFE UTILITIES E 444 -43100 -302 Engineering Fees $1,145.75 21375 TRUNK WTRMN & FRCMN - 101 FRTG E 444 -43100 -302 Engineering Fees $2,168.07 21376 TRUNK SS & WTRMN - 42/101 E 485 -43100 -302 Engineering Fees $23,632.91 21377 QUEENS AVE IMPROVEMENT E 101 -41400 -348 Maps $2,649.52 21378 GOPHER ONE CALL MAPS E 250 -42410 -311 Ping & Eng. - 101Traffic Study $2,222.25 21379 TRUNK HWY 101 E 408 -43100 -302 Engineering Fees $5,000.00 21381 OTSEGO CRK NORTH CROSSING UPDA G 701 -21863 E.R. AREA SCHOOLS #728 $274.66 21382 ELK RIVER SCHOOL DISTRICT G 701 -22439 BRAD PRAUGHT $96.94 21382 LINCO G 701 -22499 ARROWHEAD SUPPLY $16.16 21382 EDCO E 444 -49400 -302 Engineering Fees $666.61 21383 WELL #8 & #9 & RAW WATERMAIN E 101 -41560 -302 Engineering Fees $322.82 21384 CITY MAP E 602 -49450 -302 Engineering Fees $750.68 21386 W/S ISSUES E 101 -41560 -302 Engineering Fees $4,209.90 21386 MISC ENGINEERING E 601 -49400 -302 Engineering Fees $750.67 21386 W/S ISSUES E 495 -43100 -302 Engineering Fees $21,024.84 21387 QUANTRELLE /88TH STREET Total HAKANSON ANDERSON ASSOC INC $152,669.37 CITY OF OTSEGO 07/05/07 10:05 AM Page 4 *Check Detail Register© JULY 2007 Check Amt Invoice Comment Unpaid HELGESON MAILING SERVICE LLC E 10141400 -347 Newsletter $749.00 3426 MAY /JUNE NEWSLETTER Total HELGESON MAILING SERVICE LLC $749.00 Unpaid „ . ___.,, _.._.__, _.. HOMES PLUS �_ _ _ ___��, ��� -,�,� E 702 -41400 -310 Miscellaneous $2,500.00 6307 MARX - LNDSCP /DRWY ESC RE E 702 -41400 -310 Miscellaneous $2,500.00 6343 MARX - LNDSCP /DRWY ESC RE E 702 -41400 -310 Miscellaneous $2,500.00 7712 PADGETT - LNDSCP /DRWY ESC Total HOMES PLUS $7,500.00 � Unpaid ICMA RETIREMENT TRUST G 101 -21705 Other Retirement $611.00 PPE 6/30/07 CH DTD 7/3/07 E 101 -41400 -121 PERA $212.22 PPE 6/30/07 CH DTD 7/3/07 Total ICMA RETIREMENT TRUST $823.22 Unpaid INK WIZARDS, INC. E 101 -43100 -225 Uniforms /Clothing Allowance $143.60 46574 PW UNIFORM SHIRTS Total INK WIZARDS, INC. $143.60 Unpaid JOHN DEERE LANDSCAPES E 101 - 45200 -220 Repair /Maint Supply (GENERAL) $25.61 12428488 SPRAYHEADS FOR PRAIRIE PARK Total JOHN DEERE LANDSCAPES $25.61 Unpaid KRUEGER CONSTRUCTION, INC. R 250 -32260 BUILDING PERMITS • $50.00 15729 -94TH REFUND -JOB CANCELLE G 250 -21801 BUILDING PERMIT SURCHARGE $0.50 15729 -94TH REFUND -JOB CANCELLE Total KRUEGER CONSTRUCTION, INC. $50.50 Unpaid LEAGUE OF MN CITIES INS TRUST E 101 - 43100 -204 Insurance $18,080.00 200087516 WORKERS COMPENSATION E 101 -41400 -204 Insurance $3,803.00 200087516 WORKERS COMPENSATION E 101 -45200 -204 Insurance $2,975.00 200087516 WORKERS COMPENSATION Total LEAGUE OF MN CITIES INS TRUST $24,858.00 Unpaid LEGACY COMPANIES, INC. E 101 - 41940 -402 Repairs /Maint Buildingss $544.50 1416 AC UNITS REPAIR AT CITY HALL Total LEGACY COMPANIES, INC. $544.50 Unpaid LUBRICATION TECHNOLOGIES Kn E 101 -43100 -202 Gas & Oil $571.18 1422012 MOBIL DELVAC XTREME SV GRS Total LUBRICATION TECHNOLOGIES $571.18 Unpaid MENARDS E 101 -45200 -210 Operating Supplies (GENERAL) $35.00 70960 TANKER & GEN'L PURPOSE ROLLERS E 101 -45200 -220 Repair /Maint Supply (GENERAL) $33.94 71252 GEARDRIVE, SPRAY HEAD, WIRE LO E 101 -45200 -210 Operating Supplies (GENERAL) $14.82 73092 WOOD LATH Total MENARDS $83.76 Unpaid MERGES ANDREW E 101 -41550 -390 Contracted Services $5,416.66 JUNE 2007 ASSESSING WORK Total MERGES ANDREW $5,416.66 Unpaid NAPA OF ELK RIVER INC E 101 -43100 -210 Operating Supplies (GENERAL) $83.98 293388 AIR HOSE, FITTINGS E 101 -45200 -220 Repair /Maint Supply (GENERAL) $81.15 294965 CEMENT, PATCH, TOOLS Total NAPA OF ELK RIVER INC $165.13 Unpaid p NORTHLAND TRUST SERVICES, INC. CITY OF OTSEGO 07/05/07 10:05 AM Page 5 *Check Detail Register© JULY 2007 Check Amt Invoice Comment E 380 - 47000 -602 Bond Interest $225,206.66 GEN OBL IMP BOND SERIES 2006B Total NORTHLAND TRUST SERVICES, INC. $225,206.66 M OFF ICE _, .— — Unpai AX E 101 -41400 -201 Office Supplies $83.22 232356 OFFICE SUPPLIES E 601 -49400 -201 Office Supplies $79.87 232356 W/S PRINT CARTRIDGE E 602 -49450 -201 Office Supplies $79.87 232356 W/S PRINT CARTRIDGE E 101 -41400 -201 Office Supplies $4.69 69507 OFFICE SUPPLIES E 101 -43100 -203 Supplies - General $55.55 69507 PAPER TOWELS E 10141400 -201 Office Supplies $7.05 70306 OFFICE SUPPLIES Total OFFICEMAX $310.25 ....... ............................... _... Unpaid — PUBLIC EMPLOYEES RETIREMENT FD E 601 -49400 -121 PERA $23.97 PPE 6/30/07 CH DTD 7/3/07 E 602 -49450 -121 PERA $23.97 PPE 6/30/07 CH DTD 7/3/07 E 101 -41600 -121 PERA $371.24 PPE 6/30/07 CH DTD 7/3/07 G 101 -21704 PERA $1,963.08 PPE 6/30/07 CH DTD 7/3/07 E 101 -43100 -121 PERA $632.64 PPE 6/30/07 CH DTD 7/3/07 E 25042410 -121 PERA $681.68 PPE 6/30/07 CH DTD 7/3/07 E 101 -41400 -121 PERA $400.30 PPE 6/30/07 CH DTD 7/3/07 Total PUBLIC EMPLOYEES RETIREMENT FD $4,096.88 Unpaid x . - PURCHASE POWER E 101 - 41400 -413 Office Equipment Rental $518.99 POSTAGE Total PURCHASE POWER $518.99 Unpaid QWEST E 101 -43100 -320 Telephone $145.08 PW PHONE SERVICE Total QWEST $145.08 .................... .. ............................... . Unpaid RANDY'S SANITATION E 10141940 -325 Garbage Service $99.01 8899 NASHUA E 101 -43100 -325 Garbage Service $91.17 13400 90TH STREET Total RANDY'S SANITATION $190.18 Unpaid REED BUSINESS INFORMATION E 495 -43100 -351 Legal Notices Publishing $149.41 3666037 AD FOR BIDS - QUANTRELLE/88TH E 495 -43100 -351 Legal Notices Publishing $149.41 3669440 AD FOR BIDS - QUANTRELLE /88TH Total REED BUSINESS INFORMATION $298.82 Unpaid ROLFE BUILDERS, INC. E 702 -41400 -310 Miscellaneous $1,000.00 7768 LASALLE - LNDSCP ESC REF Total ROLFE BUILDERS, INC. $1,000.00 Unpaid S. R. WEIDEMA E 444 -43100 -530 Improvements Other Than Bldgs $82,086.96 PAY #5 65TH STREET DUAL FORCEMAIN Total S. R. WEIDEMA $82,086.96 Unpaid SHERWIN-WILLIAMS CO. E 101 -45200 -210 Operating Supplies (GENERAL) $47.32 7607 -6 PAINT Total SHERWIN-WILLIAMS CO. $47.32 Unpaid SIGNCAD SYSTEMS, INC. E 206 -43100 -570 Office Equip and Furnishings $4,495.00 102186 SIGNCAD SOFTWARE Total SIGNCAD SYSTEMS, INC. $4,495.00 Unpaid SIMMER BROTHERS HOMES, INC. E 702 -41400 -310 Miscellaneous $1,000.00 7510 OHLAND - LNDSCP ESC REFUN CITY OF OTSEGO 07/05/07 10:05 AM Page 6 *Check Detail Register© JULY 2007 Check Amt Invoice Comment Total SIMMER BROTHERS HOMES, INC. $1,000.00 Unpaid ...... .. _ p..,.- _ -��..- SPRINT � .�,.,...�.....��a.�...�.,�,��.� ..,.�,..�,,.,...- .....,�,.. E 250 -42410 -320 Telephone $205.98 LAP TOP SERVICE Total SPRINT $205.98 Unpaid STS CONSULTANTS LTD E 485 -43100 -302 Engineering Fees $1,176.45 C5080 QUEENS AVENUE CONSTRUCTION Total STS CONSULTANT'S LTD $1,176.45 Unpaid SUPERIOR LAWN E 101 -41940 -390 Contracted Services $1,811.24 1148 CITY PROPERTIES E 601 -49400 -390 Contracted Services $519.56 1148 W/S PROPERTY E 602 -49450 -390 Contracted Services $519.55 1148 W/S PROPERTY Total SUPERIOR LAWN $2,850.35 Unpaid TIM ROCHEL E 250 -42410 -203 Supplies - General $173.45 FIRE CODE INSPECTION MATERIAL E 250 -42410 -321 Mileage/Travel $77.60 MILEAGE E 250 -42410 -320 Telephone $180.00 APRIL, MAY, JUNE CELL PHONE E 250 -42410 -360 Education/Training /Conferences $10.00 INSP MTG LUNCHEON Total TIM ROCHEL $441.05 Unpaid TOSHIBA AMERICA INFO SYS INC E 101 - 43100 -413 Office Equipment Rental $130.29 47457264 PW TOSHIBA COPIER Total TOSHIBA AMERICA INFO SYS INC $130.29 Unpaid UNITED RENTALS NORTHWEST, INC. E 101 -43100 -240 Small Tools $246.99 66029025 -001 BROOM, SMALL TOOLS Total UNITED RENTALS NORTHWEST, INC. $246.99 Unpaid US BAN E 350 - 47000 -602 Bond Interest $39,371.25 GEN OBL IMP BONDS, SERIES 2003 Total US BANK $39,371.25 Unpaid WRIGHT COUNTY AUDITOR- TREASURE E 101 -42100 -390 Contracted Services $50,856.67 PATROL -07 -7 JULY SHERIFF PATROL Total WRIGHT COUNTY AUDITOR TREASURE $50,856.67 10100 BANK OF ELK RIVER $665,271.66 CITY OF OTSEGO 07/05/07 10:05 AM Page 7 *Check Detail Register© JULY 2007 Check Amt Invoice Comment Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $134,818.68 203 PARK DEVELOPMENT $96.94 206 CAPITAL EQUIPMENT REVOLVING $4,495.00 212 Rogers Fire District $19,895.35 250 BUILDING PERMIT FEES $4,033.22 350 Waterfront West/85th DS $39,371.25 380 2006 Street Improvement $225,206.66 408 Otsego Creek Watershed $10,794.24 444 SE Utilities Project $121,351.37 475 Waterfront East/Miss. Shores $5,429.56 480 I94/CASH 37 Project $280.93 485 Street Impr. Fund - 2006 $27,032.72 490 194 Industrial Park - W/S PROJ $582.23 495 2007 Grenins, Friendship &Quan $22,980.34 499 WELLHEAD PROTECTION PROJECT $777.51 601 WATER FUND $3,516.79 602 SEWER FUND $1,382.92 701 DEVELOPMENT ESCROWS FUND $29,225.95 702 BUILDERS ESCROW FUND $14,000.00 $665,271.66 CITY OF OTSEGO 06/26/07 10:16 AM Page 1 *Check Summary Register© JUNE 2007 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid AUTOMATIC SYSTEMS CO $42,790.00 SCADA RADIO REPLACEMENT UnPaid DOBOSZENSKI & SONS $157,271.89 OTSEGO CREEK RESTORATION UnPaid PITTSBURG TANK & TOWER CO $401,489.00 ELEV WTR STRG & TOWER #3 UnPaid RYAN CONTRACTING COMPANY $500,211.89 QUEENS AVE CONSTRUCTION Total Checks $1,101,762.78 FILTER: None CITY OF OTSEGO 06/26/07 10:17 AM Page 1 *Check Detail Register© JUNE 2007 Check Amt Invoice Comment 10100 BANK OF ELK RIVER _ _ _ Unpaid AUTOMATIC SYSTEMS CO E 602 -49450 -500 Capital Outlay (GENERAL) $21,395.00 19287 - FINAL SCADA RADIO REPLACEMENT E 601 -49400 -500 Capital Outlay (GENERAL) $21,395.00 19287 - FINAL SCADA RADIO REPLACEMENT Total AUTOMATIC SYSTEMS CO $42,790.00 4elows pp. - Unpaid ---- DOBOSZENSKI & SONS v E 408 -43100 -530 Improvements Other Than Bldgs $157,271.89 PAY 3 OTSEGO CREEK RESTORATION Total DOBOSZENSKI & SONS $157,271.89 Unpaid - _. PITTSBURG TANK & TOWER CO E 444 -49400 -530 Improvements Other Than Bldgs $401,489.00 PAY #4 ELEV WTR STRG & TOWER #3 Total PITTSBURG TANK & TOWER CO $401,489.00 ............. .........._......._............ Unpaid RYAN CONTRACTING COMPANY E 485 -43100 -530 Improvements Other Than Bldgs $500,211.89 PAY #4 QUEENS AVE CONSTRUCTION Total RYAN CONTRACTING COMPANY $500,211.89 10100 BANK OF ELK RIVER $1,101,762.78 Fund Summary 10100 BANK OF ELK RIVER 408 Otsego Creek Watershed $157,271.89 444 SE Utilities Project $401,489.00 485 Street Impr. Fund - 2006 $500,211.89 601 WATER FUND $21,395.00 602 SEWER FUND $21,395.00 $1,101,762.78 ITEM 5_2 Tel 651 -636 -4600 1—pf f 11 1 . �l. foul, Bnc - .., .iu r� 2007 Fax 651 - 636 -1311 www.bonestroo.com mil June 20, 2007 Bonestroo Mr. Michael Robertson City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 -7314 Re: Warranty Work for Clarifier Cover Dear Mike; The attached invoice is for time spent on the Otsego East WWTF, Phase 3 project over the last two months due to the clarifier cover collapse. All time shown on the attached invoice is directly related to the clarifier cover collapse. The hours invoiced are for the following work performed (included in a time lime of the project): 1. Initial Collapse Notification from Plant Operator: Structural engineer sent for observation of collapse, collection and recording of findings, photos, measurements. City and City's representatives (insurance /legal) notified. 2. Cover Removal: Structural engineer present for observation of removal of collapsed panels, recording findings, photos, assuring damaged cover and parts were kept on site and recording observed damage to cover and clarifier equipment. 3. In- house: Collection of shop drawings and forwarding information to City's representatives (insurance /legal). 4. Testing: Contacting Braun Intertec (testing firm) to confirm existing snow load on collapsed cover at time of collapse & record current snow density. Testing Confirmed covers were not loaded to or near design load. 5. Notification: Contacting City of test findings, induding contactor, manufacturer, and City's representatives. 6. Meeting: Meeting with all parties to discuss failure and next step. Manufacturer was to provide approved shop drawings by a registered engineer for a new cover that would meet the design specifications within two weeks. 7. Submittal: Review of manufacturer's newly submitted shop drawings showed the exact same cover with a registered engineer's signature. St. Paul St. Cloud Rochester Milwaukee Chicago ?i ; He 8. Notification: Contractor contacted and told existing failed cover /design unacceptable. Contractor stated that design meets specifications and was signed by a registered engineer. Contractor chooses to do additional testing in order to keep remaining cover in place, as is. 9. Analysis: Simplified structural analysis was performed on design submitted to Bonestroo signed by a registered engineer. Analysis confirmed design failure that mimicked that seen in field. 10. Follow -up: Contact Contractor to status of project and updated City /City's representatives. Manufacturer of clarifier equipment inspects and tests equipment. Damaged parts replaced by contractor. 11. Testing: Contractor chose to do additional testing on failed cover in hopes of keeping second cover. Bonestroo's structural field person present during testing on failed cover sections. Tests evaluated thickness of panels. Tests failed. 12. Updates: Provided Updates on findings from Contractor's testing on failed cover to City, City's representatives. 13. Follow -up: Additional follow -up with Contractor on status. Failed cover will be replaced with new cover by EDI. Shop drawings are to be provided within the next week for review and approval. Contractor will notify Bonestroo on status of second cover within the week. If you have any questions please do not hesitate to call. Res ectfully, 1A " tvitpLa v"e Karen A. Cavett Project Manager Enclosures I I 1 T 2335 Highway 36 W I Pi St. Paul, MN 55113 I JUN 2 f4 Lrin ( Tel 651 - 636 -4600 Fax 651- 636 -1311 Y www.bonestroo.com June 20, 2007 4r Bonestroo Mr. Michael Robertson City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 -7314 Re: Services rendered April 15, 2007 through June 9, 2007 Dear Mr. Robertson, Please find enclosed our invoices dated June 20, 2007 for the projects listed below. These invoices are due within 30 days. Project Name Invoice No. Amount 000503 - 02107 -0 WWTF, West, Phase 1 144733 $1,068.00 000503 - 04108 -0 WWTF, East, Phase 3 144742 $1,528.54 Total Amount Due: $2,596.54 Thank you for allowing us to provide our services to your community. Please remit all invoice payments to our lockbox at Bonestroo, P.O. Box 1521, Dept. #1156, Minneapolis, MN 55480 -1521. If you have questions regarding these invoices, please contact me at 507 - 387 -4679. Sincerely, BONESTROO act __ avAl Karen A. Cavett Project Manager Enclosures 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651- 636 -1311 www.bonestroo.com June 20, 2007 Invoice No: 144733 Invoice Amt: $1,068.00 Bonestroo Mr. Michael Robertson City of Otsego 8899 Nashua Ave NE Otsego, MN 55330 -7314 Professional Services from April 15, 2007 to June 9, 2007 Project 000503 02107 - 0 Otsego, MN - West Wastewater Treatment Facility, Phase 1 Start-up and Project Cert SCADA punch list inspections, update change orders and send copies Hours Rate Amount Project Manager 6.75 135.00 911.25 Inspector 1.50 76.00 114.00 Total Labor 8.25 1,025.25 Total this Phase $1,025.25 Direct Project Expenses Mileage 42.75 Total Direct Project Expenses 42.75 Total this Phase $42.75 Total this Invoice $1,068.00 Billings to Date Current Prior Total Fee 0.00 306,800.00 306,800.00 Hourly 1,025.25 420,056.38 421,081.63 Consultant 0.00 8,132.41 8,132.41 Expenses 42.75 21,568.58 21,611.33 Totals 1,068.00 756,557.37 757,625.37 r Project 000503 - 02107 -0 Otsego, MN - West Wastewater Treatment Facility, Invoice 144733 Phase 1 All invoices are due and payable within 30 days. Interest will be charged at an annual rate of 18% on all amounts not paid within 30 days. Please remit all invoice payments to our lockbox: Bonestroo P.O. Box 1521, Dept. #1156 Minneapolis, MN 55480 -1521 All other correspondence should continue to be sent to your local Bonestroo office. Page 2 2335 Highway 36 W • St. Paul, MN 55113 Tel 651 - 636 -4600 Fax 651 - 636 -1311 June 20, 2007 Invoice No: 144742 www.bonestroo.com Invoice Amt: $1,528.54 Bonestroo Mr. Michael Robertson City of Otsego 8899 Nashua Ave NE Otsego, MN 55330 -7314 Professional Services from April 15, 2007 to June 9, 2007 Project 000503- 04108 -0 Otsego - East Wastewater Treatment Facility Expansion, Phase 3 Construction Admin Hours Rate Amount Project Manager 3.25 135.00 438.75 Project Manager 6.50 122.00 793.00 Project Technician 1.00 63.00 63.00 Project Technician .50 52.50 26.25 Total Labor 11.25 1,321.00 Total this Phase $1,321.00 Project Closeout Hours Rate Amount Inspector 2.50 76.00 190.00 Total Labor 2.50 190.00 Total this Phase $190.00 Direct Project Expenses Mileage 17.54 Total Direct Project Expenses 17.54 Total this Phase $17.54 Total this Invoice $1,528.54 Billings to Date Current Prior Total Fee 0.00 381,000.00 381,000.00 Project 000503 - 04108 -0 Otsego - East Wastewater Treatment Facility Invoice 144742 Expansion, Phase 3 Hourly 1,511.00 489,244.27 490,755.27 Consultant 0.00 4,715.30 4,715.30 Expenses 17.54 25,883.90 25,901.44 Totals 1,528.54 900,843.47 902,372.01 All invoices are due and payable within 30 days. Interest will be charged at an annual rate of 18% on all amounts not paid within 30 days. Please remit all invoice payments to our lockbox: Bonestroo P.O. Box 1521, Dept. #1156 Minneapolis, MN 55480 -1521 All other correspondence should continue to be sent to your local Bonestroo office. Page 2 ITEM 5_3 F E I U7 I f 1 1_ yl St. Paul, MN 55113 Tel 651 - 636 -4600 .JUN 2 5 2007 11 Fax651 -636 -1311 1 www.bonestroo.com By June 20, 2007 # Bonestroo Mr. Michael Robertson City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 -7314 Re: Services rendered April 15, 2007 through June 9, 2007 Dear Mr. Robertson, Please find enclosed our invoice dated June 20, 2007 for the warranty work listed below. This invoice is due within 30 days. Project Name Invoke No, AMIAlli 000503 - 04108 -0 WWTF, East, Phase 3 144740 $17,657.00 Total Amount Due: $17,657.00 Thank you for allowing us to provide our services to your community. Please remit all invoice payments to our lockbox at Bonestroo, P.O. Box 1521, Dept. #1156, Minneapolis, MN 55480 -1521. If you have questions regarding this invoice, please contact me at 507 - 387 -4679. Sincerely, BONESTROO ia CI (._itit Karen A. Cavett Project Manager Endosures 2335 Highway 36 W St. Paul, MN 55113 Tel 651- 636-4600 Fax 651 - 636 -1311 June 20, 2007 Invoice No: 144740 www.bonestroo.com Invoice Amt: $17,657.00 Bonestroo Mr. Michael Robertson City of Otsego 8899 Nashua Ave NE Otsego, MN 55330 -7314 Professional Services from April 15, 2007 to June 9, 2007 Project 000503 - 04108 -0 Otsego - East Wastewater Treatment Facility Expansion, Phase 3 Clarifier Cover Warranty Work Hours Rate Amount Senior Principal 5.00 150.00 750.00 Project Manager 53.00 135.00 7,155.00 Project Manager 28.75 122.00 3,507.50 Engineer 45.00 105.00 4,725.00 Engineer 7.00 92.00 644.00 Field Supervisor 4.00 83.00 332.00 Inspector 5.50 76.00 418.00 Total Labor 148.25 17,531.50 Total this Phase $17,531.50 Direct Project Expenses Mileage 125.50 Total Direct Project Expenses 125.50 Total this Phase $125.50 Total this Invoice $17,657.00 Billings to Date Current Prior Total Fee 0.00 381,000.00 381,000.00 Hourly 17,531.50 489,244.27 506,775.77 Consultant 0.00 4,715.30 4,715.30 Expenses 125.50 25,883.90 26,009.40 Totals 17,657.00 900,843.47 918,500.47 Project 000503 - 04108 -0 Otsego - East Wastewater Treatment Facility Invoice 144740 Expansion, Phase 3 MI invoices are due and payable within 30 days. Interest will be charged at an annual rate of 18% on all amounts not paid within 30 days. Please remit all invoice payments to our lockbox: Bonestroo P.O. Box 1521, Dept. #1156 Minneapolis, MN 55480 -1521 All other correspondence should continue to be sent to your local Bonestroo office. Page 2 ITEM 5_4 SUMMARY OF ORDINANCE NO.: 2007 -05 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE RELATING TO THE SEPARATION DISTANCE BETWEEN PRINCIPAL ADULT USE BUSINESSES AND USES FOUND TO BE SENSITIVE TO SUCH ADULT USES WITHIN THE CITY OF OTSEGO THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The following Sections of the Otsego Zoning Ordinance are hereby amended: 20 -31 -2 Adult Use - General 20 -31 -3 Adult Uses - Principal Section 2. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 9 day of July 2007. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator /City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the Zoning Administrator /City Clerk, Otsego City Hall, 8899 Nashua Avenue, Otsego, Minnesota 55330 during regular office hours. SUMMARY OF ORDINANCE NO.: 2007 -06 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE RELATING TO THE LICENSING AND REGULATION OF ADULT USE BUSINESSES WITHIN THE CITY OF OTSEGO THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The following Sections of the Otsego City Code are hereby added: 7 -12 -1 Purpose and Intent 7 -12 -2 Definitions 7 -12 -3 Classification 7 -12-4 License Required 7 -12 -5 Issuance of License 7 -12 -6 License Fees 7 -12 -7 Inspection 7 -12 -8 Expiration of License 7 -12 -9 Suspension of License 7 -12 -10 Revocation of License 7 -12 -11 Hearing and Appeal 7 -12 -12 Transfer of License 7 -12 -13 Additional Regulations 7 -12 -14 Prohibition against Children in an Adult Use Businesses 7 -12 -15 Exemptions 7 -12 -16 Enforcement Section 2. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 9 day of July 2007. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator /City Clerk Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, subd.10, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the Zoning Administrator /City Clerk, Otsego City Hall, 8899 Nashua Avenue, Otsego, Minnesota 55330 during regular office hours. ITEM 5.5 Memo To: Mayor and City Council From: Tami Loff Date: 7/16/07 Re: Otsego City Hall and Public Works Cleaning Proposal The Administrative Sub - Committee recommended the low cleaning proposal from Long and Sons at $ 725.00 a month for City Hall and $380.00 a month for the Public Works Building. I have enclosed a sheet with the proposal's we received. MONTHLY PROPOSAL - CITY HALL PUBLIC WORKS 1. CARTER CLEANING carpet .25 sq ft strip /seal .47 sq ft $700.00 $600.00 2. EXSELL JANITORIAL carpet strip /seal $830.00 $415.00 3. LONG & SONS carpet .20 sq ft strip /seal .35 sq ft $725.00 $380.00 4. TOWER CLEANING carpet .18 sq ft strip /seal .35 sq ft $345.00 + supplies $195.00 + supplies ITEM 5_6 PAY ESTIMATE #5 OWNER CITY OF OTSEGO Dual Forcemain along N.E. 65th Street, Improvement No. 06 -14 Date: July 2, 2007 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Dual Forcemains along N.E. 65th Street, Improvement Project No. 06-14 Contractor. S.R. Weidema, Inc. Contract Amount $1,156,076.50 Award Date: September 14, 2006 Completion Date: July 1, 2007 Dear Honorable Mayor and Council Members The following work has been completed on the above - referenced project by S.R. Weidema, Inc. Bid Schedule "A" - Street Construction ITEM ESTIMATED CONTRACT UNIT USED TO NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION 1 Mobilization 1 LS 55,250.00 $ 5,250.00 1 $ 5,250.00 2 Traffic Control 1 LS 53,000.00 $ 3,000.00 1 $ 3,000.00 3 Salvage and Reinstall Sign 2 EACH 5200.00 $ 400.00 2 $ 400.00 4 Salvage and Reinstall Fence 100 LF 530.00 $ 3,000.00 $ - 5 Granular Fill 300 TON 511.00 $ 3,300.00 129.98 5 1,429.78 8 Class 5 Aggregate Base (7" Depth) 590 TON 513.00 $ 7,670.00 748.19 $ 9,725.47 7 Silt Fence, Type Machine Sliced 1,900 _ LF $2.50 $ 4,750.00 267 $ 687.50 Total Bid Schedule "A" $ 27,370.00 $ 20,473.75 Bld Schedule "B" - Sanitary Sewer For ernain _ ITEM ESTIMATED CONTRACT UNIT USED TO NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION 12" Plastic Pipe Forcemain Installed by 8 Horizontal Directional OrMng 8050 LF 547.10 $ 379,155.00 7668 $ 361,162.80 16" Plastic Pipe Forcemain Installed by 9 Horizontal Directional Drilling 7725 LF 576.40 $ 590,190.00 7545 $ 576,438.00 10 12" DIP Class 52 Sewer Pipe 110 LF 537.15 $ 4,086.50 80 $ 2,972.00 11 16" DIP Class 52 Sewer Pipe 110 LF $54.00 $ 5,940.00 80 $ 4,320.00 12 8" Gate Valve wNalve Box 4 EA $1,260.00 $ 5,040.00 4 $ 5,040.00 13 12" Gate Valve vd Valve Box 6 EA $2,100,00 $ 12,600.00 6 $ 12.600.00 14 16" Gate Valve wt Valve Box 6 EA 55,300.00 $ 31,800.00 8 $ 31,800.00 15 DIP Fittings 2500 LBS 52.50 $ 6,250.00 3975 $ 9.937.50 12" x 8" Cleanout Assembly - Includes an DIP 16 pipe, fittings and labor (valves paid separately) 2 EA $3,000.00 $ 6,000.00 2 $ 8,000.00 16" x r Cleanout Assembly - includes all DIP 17 pipe, fittings and labor (valves paid separately) 2 EA 53,540.00 $ 7,080.00 2 $ 7,080.00 72" Diameter Air Valve Manhole - Includes Combination Mr Valve, Ball Valve and 18 associated fittings and labor 8 EA 59.030.00 $ 72,240.00 8 $ 72,240.00 19 Connect to Existing Forcemmain 3 EA 52,775.00 $ 8,325.00 3 $ 8,325.00 Total Bid Schedule "B" $ 1,128,706.50 $ 1,097,915.30 Bid Schedule "A" $ 27,370.00 $ 20.473.75 Bid Schedule "B" $ 1,128,706.50 $ 1,097,915.30 TOTAL $ 1,118,389.05 Total Work Completed to Date $ 1,118,389.05 LESS 1% RETAINAGE: $ 11,183,89 LESS PREVIOUS PAY ESTIMATE NO. 1 $ 102,235.87 LESS PREVIOUS PAY ESTIMATE NO. 2 $ 588,397.70 LESS PREVIOUS PAY ESTIMATE NO. 3 $ 133,106.80 LESS PREVIOUS PAY ESTIMATE NO. 4 $ 201,377.84 WE RECOMMEND PAYMENT OF: $ 82,086.96 S:V unicipaMOTSEGOV8321Pay Estimates ot632pe.xls PE - 1 PAY ESTIMATE #5 OWNER CITY OF OTSEGO Dual Forcemain along N.E. 65th Street, Improvement No. 06 -14 APPROVALS: CONTRACTOR: S.R. WEIDEMA, INC. Certification by . I certify that aY - as ounfs are coned for the work completed to date. osok Signed: Z0 7 Title: t"?W` Date '7 o ENGINEER: HAKANSON ANDERSON ASSOCIATES, INC. Certification by Engineer. We recommend payment for work and quantities as shown. Signed: Title: Date OWNER: CITY OF OTSEGO Signed: Title: Date S :W unieipeAOTSEGO16321Pay Estimateslot632pe.xls PE - 2 rh Page l of l Judy Hudson L-\e'T\ S From: <kimaree.solarz @pb.com> To: <judy @ci.otsego.mn.us> Sent: Friday, July 06, 2007 8:57 AM Attach: WSCA OPTION A.pdf; LeasetrmWSCA_OptA.pdf Subject: paperwork for DM400 and Letter opener Judy, Here is the paperwork for the new DM400 and the letter opener. This number will be a little Tess than the 48 mo. # you have. We went from 212.00 to $196.00 for 48 mo. The state contract changed some of the allowances for the new quarter which started July 1st. so you get to benefit from it. The payment will be $196.00 for the lease with the mail machine and the letter opener as stated below. These pages can be signed and faxed to me ...or you may call me and let me know when they are complete and I can pick them up. Thank you, Have a great day!! Kimaree Solarz Senior Account Rep. office- 320 - 282 -4291 fax- 320-573-2521 1 %0‘( . e� at,c(etst Ye,A a\ _ ! I^), oD JrnoY\4-K \*\\ ‘,0P eCtyms ,e d A ou.e b gab • M - ki\e \ ` `neeA l J k4 son CI-efA 7/9/2007 Pitney Bowes Engineering the flow of communication- WSCA Installment Option A Agreement Account # 60 I I I I Your Business Information CAN # ORDER # CITY OF OTSEGO Full Legal Name of renter DBA Name of renter Tax ID # (FEIN/TIN) 8899 NASHUA AVE NE ELK RIVER MN 55330 -7314 Biting Address City State Zip+4 Billing Contact Name Billing Contact Phone # Billing CAN # 8899 NASHUA AVE NE ELK RIVER MN 55330 -7314 Installation Address (If different than billing address) City State Zip+4 16069160865 Installation Contact Name Installation Contact Phone # Installation CAN # Credit Carl # Name on Card Exp Date Type of Card Tax Exempt # State Tax (if applicable) Fiscal Period (from - to) Your Business Needs Qty Business Solution Description Check Items to be included in customer's payment Mail Stream Solution -1 © Equipment Maintenance (1st year included) 1 DM400C/ 51b Weighing Platform Provides service coverage including certain parts and labor 1 IntelliLink Interface / PSD for DM$00C/ DM400C/DM450C w/PP (NTF) © Software Maintenance (1st year Included) � Provides revision updates and technical assistance ,LJ 1 Accounting (50 Dept) Software Soft - Guard® Subscription 1 I ntelliLink Subscription ' Provides postal and carrier updates If you do not elect to Include Soft- Guard® protection with your lease, you will 1 1225 Letter Opener — New automatically receive updates at the then - current rates IntelllLinkT"t Subscription/Meter Rental Provides simplified brlling and includes ( )resets per year Q Confirmation Servlces Electronic access to postal conflmla on services Your Payment Plan Number of months Monthly amount' ( ) Required advance check of $ received First 48 $196 ( ) Tax Exempt certificate attached Initial rental term Your Acknowledgement By your signature below, you are entering into a Installment Lease Agreement pursuant to your Participating Addendum to the WSCA Contract # EPS050076 -A2 -2. The Terms and Conditions of such WSCA Installment Lease Agreement Option A govern this transaction. Signature Date Print Name Title Email Address Kimaree Solarz 008 Account Rep District Office PBGFS Acceptance WSCA OPTION A Form (Rev.05/07) Paget Egtipn,sn' 'ta;xtcr. Punsy Bewss Inc Sea ad./v. :^ai i;.3g.,?c for .?drit :a' farm; and F" Sa : =s a- d Servac »s �' 3- BC'J- .127- 251?(it3 INSTALLMENT LEASE AGREEMENT OPTION A The State will have the option to acquire Pitney Bowes Mailing Equipment through an Installment Lease Agreement, subject to the applicable terms and conditions set forth herein. The pricing plan for the Installment Lease Agreement is as follows: Monthly Billing: Quarterly Billing: Term Lease Rate Term Lease Rate 36 .03 36 .0960 48 .0247 48 .0750 60 .0205 60 .0625 The terms and conditions are as follows: 1. GENERAL. All Installment Lease Option A Agreements (each referred to herein as "Installment Agreement ") consist of the following terms and conditions in addition to the applicable terms and conditions of the State Contract. By issuing a Purchase Order under this Installment Lease Option A, the State is requesting that Contractor leases the referenced equipment (the "Equipment ") for essential governmental purposes. Such Equipment does not include any referenced IntelliLinkTM Control Center or postage meter, which remain the property of Contractor or one of its wholly owned subsidiaries. Any IntelliLinkTM Control Center or postage meter is subject to the applicable USPS regulations and meter terms and conditions as may be provided by Contractor. 2. TERM. This Agreement shall commence upon acceptance of the Equipment and shall continue until the earlier of: (i) termination at Contractor's Option upon the occurrence of an event of default, (ii) the occurrence of an event of non - appropriation or termination for Contractor default under the State Contract, (iii) termination in accordance with paragraph 3 below, or (iv) the expiration of the specified term. 3. CANCELLATION OR TERMINATION. The State intends to enter into each Installment Agreement for the entire agreed upon term and Contractor has relied upon such represented intention when determining the applicable pricing plan. If the State cancels or terminates an Installment Agreement prior to its expiration (other than for non - appropriations or Contractor default pursuant to the State Agreement), the State shall pay a termination charge equal to the net present value of the monthly payments remaining through the completion of the term, discounted to present value at a rate of 6% per year. Notwithstanding the foregoing, the State may not terminate an Installment Agreement to obtain the same or similar equipment at more favorable terms. 4. REMEDIES. If the State defaults, Contractor may, at its option and with out demand or notice, take one or any combination of the following actions: terminate the relevant Installment Agreement, take possession of the relevant Equipment (including meters), declare the entire amount of all payments, and other amounts due and to become due, for the then current fiscal period for which funds have been appropriated to be immediately due and payable, and pursue any other remedy permitted by law or in equity. 5. REPRESENTATIONS; MISCELLANEOUS. The State represents and warrants that: (a) it shall timely file an information reporting retum (e.g. Form 8038 - GC or, as necessary, Form 8038 - G) with the Internal Revenue Service in accordance with Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code "), and the regulations thereunder and the State hereby appoints Contractor as its Agent for the purpose of maintaining a registration system as required by Section 149(a) of the Code; and the State is (and shall continue to be) a State or local government entity, and that any obligation arising out of this Agreement constitutes an obligation by or on behalf of a state or political subdivision thereof, within the meaning of Section 103 of the Code and the regulations thereunder. The State acknowledges that the Agreement is entered into based on the assumption that the interest portion of each Period Payment is not includible in gross income of the owner thereof for Federal income tax purposes under Section 103(a) of the Code. A portion of each Period Payment that the State shall pay includes interest. If any interest is determined not to be excludible from gross income in accordance with Section 103(a) of the Code, the State's Period Payment shall be adjusted in an amount sufficient to maintain Contractor's original after tax yield utilizing Contractor's consolidated marginal tax rate, which adjusted Period Payments the State agrees to pay as provided in this Agreement. The rate at which the interest portion of Period Payments is calculated is not intended to exceed the maximum rate or amount of interest permitted by applicable law. If such interest portion exceeds such maximum, then at Contractor's option, if permitted by law, the interest portion will be reduced to the legally permitted maximum amount of interest, and any excess will be used to reduce the principal amount of the State's obligation or be refunded to the State. 6. ASSIGNMENT. The State may not assign, transfer or sublet any interest in this agreement or the equipment without Contractor's prior written consent. 7. TITLE. Title to the equipment passes to the State at the time and place of delivery to the State of each unit of equipment. The State will have a grace period of sixty (60) days after the equipment is delivered to notify Contractor of any defects in the equipment. If the State does not notify Contractor within the grace period, it will be deemed accepted. The Contractor or its duly authorized assignee shall have a purchase money security interest in the equipment, until payment of all installments are made. Upon payment of the final installment, or any concluding payment option, the Contractor or his duly authorized assignee shall have no further interest in the equipment. 8. PURCHASE OPTION. The State shall have the option to purchase the Equipment at any time during the Term "as is, where is" by paying the remainder of all installment payments. 9. INSURANCE. The State is responsible for Equipment loss, damage or destruction from any cause, whether or not insured. The State shall provide, maintain, and pay for: (a) insurance against Equipment loss, theft, or damage, for the full replacement value thereof, with loss payable to Contractor, and (b) public liability and property damage insurance naming Contractor as an additional insured. No Equipment loss, theft or damage shall relieve the State of its obligation to pay the Period Payments or any other obligation under this Agreement. Notwithstanding the foregoing, the State shall not be responsible for Equipment loss, damage or destruction if Contractor has delivered non - conforming goods. WSCA OPTION A Fenn (Rev. 05/07) 3 ITEM 8 _ 1 NAC NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 7 March 2007 RE: Otsego — UPA Substation; T- Mobile CUPNariance NAC FILE: 176.02 — 07.05 The Planning Commission held a public hearing to consider the application of T- Mobile USA for a CUP and variance to allow construction of a 120 foot personal wireless service tower and antenna on the UPA substation property located east of Ohland Avenue along CSAH 39. Mr. Steven Edwards was present on behaff of T Mobile USA. Mr. Edwards said that the proposed antenna would provide adequate coverage at a height of 75 feet if the variance were denied. One of the reasons for the variance was to allow the tower to be high enough for other providers with antennas mounted below T- Mobile's units to also have a potentially larger coverage area. Mr. Edwards indicated that T Mobile had no issues with the recommended conditions of approval set forth by City staff. Mr. Dan Limoseth owns the property adjacent to the subject site. Mr. Limoseth is concerned about the proposed use on the subject site following Elk River Utilities expansion in 2006 and potential future expansions. City staff explained that any use of the property is evaluated and must comply with required setbacks and other regulations. Mr. Limoseth also did not feel the antennas were needed on the site as he is a T Mobile customer and receives service at his house. Mr. Edwards and City staff explained that T Mobile has submitted an engineering analysis of their coverage areas showing the need for improved coverage. Mr. Limoseth asked about the health effects of the proposed antennas and it was explained that those factors would be regulated by the Federal Govemment and are beyond the City's jurisdiction. Mr. Limoseth was also against approval of the variance to allow the additional height to the tower because of impacts to his property. Two other residents spoke regarding the application. The first acknowledged that the City may have to allow the tower at that location, but was opposed to the height variance. The second resident was opposed to the tower and antennas at this location because of potential health effects and aesthetic impacts. There were no other public comments. The Planning Commission closed the public hearing and discussed the need for the variance. There was discussion as to whether allowing additional height for the proposed tower would minimize the need for more towers in the area. City staff and the applicant explained that tower and antenna locations are unique to each provider, which are changing with technology, and that there is no means for the City to determine an ultimate solution. The Planning Commission voted 7-0 to recommend the variance application be denied. In a separate motion, the Planning Commission voted 7-0 to recommend approval of the CUP with conditions including reducing the height of the tower to 75 feet. Consideration of the application was tabled at the City Council meeting on 12 March 2007 and the applicant directed to submit a revised site plan showing the proposed tower and related equipment at a location on the site that complies with required setbacks. A revised site plan was submitted to City staff on 20 March 2007, but this site plan did not show the proposed tower at a location that complies with all required setbacks. As such, the applicant was directed by City staff to revise and resubmit the site plan for consideration by the City Council. City staff provided notice to the applicant that the City of Otsego extended the review period in accordance with Minnesota Statutes 15.99 for the T- Mobile USA CUP application to 31 May 2007. The applicant provided an additional 60 day extension prior to 31 May 2007 extending the deadline to 30 July 2007 to allow T- Mobile to work with Great River Energy to locate the proposed tower at a location on the site that complies with all setbacks. Revised plans were submitted to the City on 28 June 2007. The revised plans show that the now 70 foot tall tower will still be located generally in the northwest comer of the site. The location of the tower and accessory equipment is setback more than 50 feet from the west lot line and more than 30 feet from the CSAH 39 lot line compliant with required setbacks. The proposed location does require removal of one tree planted by Great River Energy as a screen for the electric substation. We recommend that this tree be relocated to the northwest of the tower location and that an additional tree be added to the northeast of the tower adjacent to the driveway. Findings of fact consistent with the recommendations of the Planning Commission and the updated site plan are attached for consideration. Possible actions that the City Council may take on the applications are outlined below. Our office recommends that the City Council deny the variance application and approve the CUP application based on the most current plan submitted to date. 2 POSSIBLE ACTIONS Decision 1 - Variance A. Motion to approve a variance allowing construction of a PWS tower to a height of 120 feet based on a finding that the applicant has demonstrated undue hardship caused by compliance with the established 75 foot height restriction imposed by the Zoning Ordinance. B. Motion to deny the variance application based on a finding that: 1. Approval of the variance is inconsistent with the intent of the Zoning Ordinance to limit the height of PWS towers to avoid potential impacts to adjacent properties. 2. Adequate service coverage can be accomplished with placement of additional PWS antennas indicating that compliance with the Zoning Ordinance does not cause the applicant undue hardship. 3. The basis for the variance request is related to the additional economic costs associated with installation of additional PWS towers and antennas to provide adequate service coverage for the area. C. Motion to table. Decision 2 — Conditional Use Permit A. Motion to approve a conditional use permit for construction of a PWS tower and antenna subject to the following stipulations: 1. The tower shall be painted silver or have a galvanized finish. 2. There shall be no overnight parking of PWS provider vehicles on the subject site. 3. The tree impacted by the location of the tower shall be transplanted and an additional tree added to the northeast and northwest of the tower location, subject to approval of City staff. 4. The comments in the City Engineer's memo dated 20 February 2007 are addressed subject to approval by City staff. c. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attomey Ron Wagner, City Engineer Steve Edwards, on behalf of T- Mobile USA 3 s T o I • a ne ii I _s MAW 0 Neama Y1Yw®a■.aN MEW r - \ ' \ w ie�m amaru ` 11 \ ro \ d lo _ — I . I � \ H y • M o \\ R ogo \ B ROADWAY ip 1��F ��� 1� 3g non ov -■Ar •- trill i, eEmEw� ti i ii — tax A■u _. 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MO N LQWOwIDN OE . ; wR1EJ1 1, 1,/0, POWER nE mx 1 DE I. DM•Eq ME .a..•u NMN� M O GROUNDING PLAN K ANEES ro MO R w Ml IEpNNI M. .NI� 1MM NNxrr LORA N Dn.1NleE M•nm a p[NLr a N�io Cur 1q w.+.. WM FOR ANY Nli•MeE onW IOM 11111* rt e 1 S(109 - 95TH STREET ELK RIVER, MINNESOTA — / MINNEAPOLIS MARKET I- ...... ..•1.w 5w ECM MIEN NINAM - 1,5, • 1 — •MM..w - +.o WO WA FM l..w. In 010 o Nan M••O A10126E7 1 awo eF. n1, ., •Ownm BID TABULATION CITY OF OTSEGO Quantrelle Avenue Improvments; 88th Street Improvements Project Bids opened 10:00 a.m., Tuesday, July 3, 2003. There were 17 bids received, as shown herein. S.R. WdMma, Inc. Bid Schedule "A" - Quantrelle Ave. and 88M Street ITEM ESTIMATED NO. SPEC, ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENSION 1 2021.501 MOBIUZATION 1 LS $30.500.00 530.500.00 2 2101.601 TREE TRIMMING 8 EA $200.00 51.600.00 3 2102.502 PAVEMENT MARKING REMOVAL - PERMANENT 110 LF 81.00 5110.00 4 2104.501 REMOVE CURB AND GUTTER 85 EA 87.50 5637.50 5 2105.501 COMMON EXCAVATION (EV) 370 CY 810.00 83.700.00 6 2105.523 COMMON BORROW (CV) 1.661 CY 811.40 818,935.40 7 2211.501 AGGREGATE BASE, CLASS 5 (100% CRUSHED) 2,192 TON 815.12 833,143.04 8 2350.501 TYPE LV4 NEARING COURSE MIXTURE (B) 360 TON 558.65 821.114.00 9 2350.502 TYPE MV3 NON WEARING COURSE MIXTURE (1) 569 TON 847.00 828,743.00 10 2350.502 TYPE MV4 WEARING COURSE MIXTURE (C) 450 TON 562.00 827,900.00 11 2357.502 BITUMINOUS MATERIAL FOR TACK COAT 208 GAL 52.50 8520.00 12 2501.502 36" PIPE APRON 1 EA 51.195.00 81,195.00 13 2502.602 CONNECT INTO DRAINAGE STRUCTURE 1 EA 51.375.00 51.375.00 14 2503.511 12' RC PIPE SEWER. DESIGN 3006 CI. V 66 LF 927.00 $1.782.00 15 2503.511 15" RC PIPE SEWER, DESIGN 3006 CL V 303 LF 526.25 $7,953.75 16 2503.511 18" RC PIPE SEWER, DESIGN 3006 C.I. V 32 LF , 539.00 81,248.00 17 2503.511 24" RC PIPE SEWER. DESIGN 3006 CL III 384 LF $35.60 513,031.20 16 2503.511 30' RC PIPE SEWER. DESIGN 3008 C1.111 293 LF 847.60 513,946.80 19 2503.511 36" RC PIPE SEWER. DESIGN 3006 CL II 276 LF 563.30 817,597.40 20 2503.511 42" RC PIPE SEWER. DESIGN 3008 CL 11 279 LF 886.00 523,994.00 21 2503.602 CONNECT TO EXISTING SANITARY SEWER 2 EA $2.050.00 84,100.00 22 2503.803 8" PVC PIPE SANITARY SEWER SOR 35 (0' -10' DEPTH) 291 LF 826.60 87.796.60 23 2503.603 8" PVC PIPE SANITARY SEWER SDR 35 (10' -12 DEPTH) 806 LF 826.30 522,809.60 24 2503.603 8" PVC PIPE SANITARY SEWER SDR 26 (2Y -24' DEPTH) 275 LF 5102.00 828,050.00 25 2503.803 8"PVC SCH 40 SERVICE PIPE 211 LF 526.10 55,929.10 28 2503.603 STANDARD 48" SANITARY SEWER MH (0'49 8 EA 52,385.00 516.920.00 27 2503.603 EXTRA DEPTH MANHOLE 56.5 VF 5166.00 89.379.00 28 2503.803 DROP CONNECTION (0' -2" DEPTH) 1 EA 52,600.00 52,800.00 29 2503.803 EXTRA DEPTH DROP CONNECTION (OVER 21 10 VF 9115.00 51,150.00 30 2503.803 TELEVISE SANITARY SEWER 1.364 LF 51.70 52,352.60 31 2503.803 SEWER TEST 2 LS 51,200.00 82.400.00 32 2504.602 ADJUST VALVE BOX 3 EA 8225.00 5675.00 33 2504.802 CONNECT TO EXISTING WATERMAIN 3 EA 8830.00 52,490.00 ot375bid*ab8ID TABULATION BT - 9 OF 10 BID TABULATION CITY OF OTSEGO Quantrelle Avenue Improvments; 88th Street Improvements Project S.R Madam Inc. Bid Schedule "A" - Quantrdle Ave. and 39111 Street (Continued) _ ITEM ESTIMATED NO. SPEC. REM DESCRIPTION QUANTITY UNIT PRICE EXTENSION 34 2504.602 HYDRANT WITH GATE VALVE AND BOX 9 EA $3,170.00 528,530.00 35 2504.802 IF GATE VALVE WIBOX 11 EA $875.00 59,625.00 36 2504.602 8" GATE VALVE WIBOX 3 EA 57,080.00 53,240.00 37 2504.602 12" BUTTERFLY VALVE WIBOX 3 EA 91,315.00 53,945.00 38 2504.602 RELOCATE HYDRANT AND VALVE 3 EA 61.480.00 54,440.00 39 2504.803 6' WATERMAIN DUCTILE IRON CL 52 380 LF $29.50 511,210.00 40 2504.603 r WATERMAIN DUCTILE IRON CI. 52 961 LF 527.95 $26.859.95 41 2504.603 12" WATERMAIN DUCTILE IRON CL 52 2.135 LF 538.25 881,863.75 42 2504.608 WATERMAIN FITTINGS 3.852 LBS $3.13 512.056.78 43 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 4020 - 48" 0 EA 51,560.00 59,360.00 44 2506.502 CONSTRUCT DRAINAGE STRUCTURE. DESIGN 4020 - 54' 2 EA 52,500.00 55.000.00 45 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 4020 - 60" 1 EA 83.120.00 $3,120.00 46 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 4020 - 68' 1 EA 53.400.00 53.180.00 47 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 4020.72' 1 EA 54.375.00 54.315.00 48 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 4020.94' 3 EA 85.305.00 815,915.00 49 2509.522 ADJUST FRAME AND RING CASTING 4.0 EA 5275.00 51,100.00 50 2511.501 RANDOM RIPRAP, CLASS III 13.8 CY 5105.00 81,449.00 51 2511.511 GRANULAR FILTER MATERIAL 7 CY 565.00 8455.00 52 2531.501 CONCRETE CURB AND GUTTER DESIGN 8618 2.272 LF 89.35 521.243.20 53 2531.604 6" CONCRETE VALLEY GUTTER 270 SY 536.50 89,855.00 54 2557.603 RELOCATE FENCE 100 LF , 510.00 51,000.00 55 2583.602 TYPE III BARRICADES 2 EA 5300.00 5600.00 58 2564.531 SIGN PANELS TYPE C 35.375 SF 830.00 $1,08125 57 2573.502 SILT FENCE TYPE MACHINE SLICED 4250 LF , 91.90 88,075.00 58 2573.530 INLET PROTECTION 10 EA 5325.00 53250.00 59 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCES 2 EA 81,000.00 52.000.00 60 2575.502 SEED MIXTURE 260 254 LB 910.00 82.540.00 81 2575.511 MULCH MATERIAL TYPE 1 5 _ TON 5300.00 51,500.00 62 2575.531 FERTILIZER TYPE 1 762 LB 51.00 5762.00 83 2582.501 PAVEMENT MESSAGE (RT ARROW) - EPDXY 2 EA $250.00 5500.00 64 2582.501 PAVEMENT MESSAGE (ONLY) - EPDXY 2 EA 5250.00 5500.00 85 2582.502 4" SOLID LINE WHITE - EPDXY 411 LF 53.00 51,233.00 66 2582.502 4" DOUBLE SOLID LINE YELLOW - PAINT 250 LF 53.00_ $750.00 Total BId Schedule "A" 5636.494.50 SUMMARY OF BIDDING: S.R. WNWma, Inc. Total Base BM Schedule A 8836.494.50 0375adlabBID TABULATION BT - 10 OF 10 ITEM 9 .2 RESOLUTION NO. 2007 - 43 A RESOLUTION ACCEPTING THE FEASIBILITY STUDY FOR PROPOSED OTSEGO CREEK DRAINAGE IMPROVEMENTS 83` STREET N.E. TO COUNTY ROAD 39 WHEREAS, the City Council ordered the preparation of a feasibility study for the improvements on the 26 day of March 2007; and WHEREAS, such feasibility study was prepared by Hakanson Anderson Associates, Inc. and presented to the Council on the 9 day of July 2007 and declares the improvements feasible, for an estimated cost of $112,000; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. Such improvements are necessary, cost— effective, and feasible as detailed in the feasibility report. 2. Hakanson Anderson Associates, Inc. is hereby designated as the engineer for these improvements. The engineer shall prepare the plans and specifications for the making of such improvements. Adopted by the council this 9 day of July, 2007. Motioned By: Seconded By: All in Favor. Those Apposed: Larry Fournier, Mayor Judy Hudson, Clerk S: VvtunicipaMOTSEGO\ 429Utesolutionssot429ResAcceptFeasRptdoc ITEM g_3 RESOLUTION NO. 2007- 42 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to Council requesting, Hakanson Anderson Associates, Inc. has prepared plans and specifications for Improvement Project No. 07-03, Pressure Control Station No. 1. And has presented such plans and specifications to the Council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO MINNESOTA: 1. Such plans and specifications, dated July 9, 2007, a copy of which is attached hereto and made a part hereof, are hereby approved by the City Council of Otsego to be submitted to the Minnesota Department of Health for their review and approval. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin, an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall specify the work to be done, shall state that bids will be opened at 10:00 a.m. on August 8, 2007, in the Council Chambers of the Otsego City Hall, 8899 Nashua Avenue, Otsego, Minnesota, 55330. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the Clerk for 5.0 percent of the amount of such bid. Adopted by the Council this 9 day of July, 2007. Motioned By: Seconded By: All in Favor: Those Opposed: Larry Fournier, Mayor Judy Hudson, Clerk ot523Resolution Accepting Plans Specs.doc • CONSTRUCTION PLANS GOVERNING SPECIFICATIONS THE 2005 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR Y "STANDARD SPECIFICATIONS FOR CONSTRUCTION SHALL APPLY. PRESSURE CONTROL STATION #1 ALL FEDERAL. STATE AND LOCAL LAWS. REGULATIONS, AND ORDINANCES /'l SHALL BE COMPLIED WITH IN THE CONSTRUCTION OF THIS PROJECT. CITY OF OTSEGO PROJECT NO. 07-03 WORK SHALL CONFORM TO THE STANDARD TI SPECIFICATIONS AS PUBLISHED BY THE CITY ENGINEERS ASSOCIATION OF MINNESOTA, 1999 REVISION. SHEET INDEX THIS PLAN CONTAINS XX SHEETS \ 6 I SHEET NO. _. - .__ , ( • I I / I j 0-2. PRESSURE CONTROL STATI STATION LEGEND X 1 \ p I I C -3. PRESSURE STATION R DIAGRAM I \ ! PUN AND SECTIONS N �E j} fA +! 0-4. PRESSURE CONTROL STATION #1 il i j c, p..1, ;TRUCTI AI • / r� S - 1. RESSURE CONTROL STATION /1 1 � ' I� PUN, SECTIONS, DETAILS AND NOTES S -2. PR PRESSURE CONTROL STATION p1 1 i I NOTES AND DETAILS 1 tiJ \0i✓( I mama .: ' ' I I i 0 -1. PRESSURE CONTROL STATION 61 li I — 1 ELECTRICAL SITE PUN T ( t L — ti ' LEGEND I i t �. ` f I �. • A l PROJECT f � � EXISTING PROPOSED LOCATION _ , i I , ` �/ , - - N O, DIRECTION it , , IMAM - -._ - vase tii .._ . / 1_ �.r'.. — - - . dr — y � "— ,7 � f 7,1', -... / I ® e IMI' wuK 11,1107 O PRIA a eroussc ss.4 • T 1 L I rz swxcs mint • • am � � ) 01 Illitlfri MAMA. �nww m i i ' .. I; I It _ e I I n i ' i . ∎L i I _ - 0 wa,a.a il . 1 f ' f l WA 11111111 ` ` � ` ___ _� 1 ., I ( ��``_ er eey a ify Mat this di pion. specification on , r r port won tluly PrepL�ared • I h ert I, �- " "� - - - I 1 by ms or under my cl su lows of the State of Minnesota. and that I om o cenaetl I \ ! w.pl Engineer under the law � ( I lz CITY OF OTSEGO Pro(eesi 2 2196 DATE 7/09/07 ice! Ayfk� I II ` , 1 ' +, ( III) WRIGHT COUNTY, MINNESOTA MICHAEL D. FOREMAN, P.E. UC. NO. HAKANSON A DESIGN EN GIN ORSON ASSOCIATES, INC. /p /// F APPROVED /S f —_ DATE Z CITY 0 ENGINEER 11%1 Hakanson THE SUBSURFACE UTILITY L IN GATE REVISION i THIS PLAN N IS IS UUTILITY QUALJIJTY TY LEVEL EVEL 0. I BENCHMARKS: Anderson THIS LEVEL WAS DETERMINED 916.27 a RAILROAD SPIKE TELEPHONE POLE SOUTH SIDE ACCORDING DING T 70 THE WIDELINES OF - 20(.0 0 2poo woo OF 65TH ST. - 3RD POLE WEST OF TH 101 Assoc .slnc. CI /ASCE 38 -02, ENTITLED 'STANDARD 929.27 a TNH • 85TH ST. - 100 rt. WEST OF TH 101 CIA En Incas and Land Surveyor WROELINES FOR THE COLLECTION AND SINE N rL['t g 9 DEPICTION OF EXISTING SUBSURFACE DATUM: R - 3601 Thurston Ara, Anoka. Minnesota 55303 UTILPTY DATA.' SEE SPECIFICATIONS. NAM 29 S 763 - 427 -5860 FAX 763 - 427 -0520 7�' CITY PROJECT 07 -03 SHEET G -1 OF G -4 SHEETS PROJECT NUMBER 07523 TO TOPER E1 (LOW PRESSURE) • METER MHO 1s IMMO OITUNE © I _ _ AR RELEASE VALVE BOOSER PUP 11D. 2 1Y lw 0. 52 __..- XIS " TEE ICI " H tid air Ilk 1 s BUTTERFLY f ROOSTER 512 Na 1 VALVE .. li L 12 qP a . _`IP x16 x13 TEE RELEASE VALVE - PRESSURE RUMOUR VALVE N 16" V I / I 10 TOWER /3 (11511 PRESSURE) PRESSURE CONTROL EXISTING 16" TRUNK � STATION 11 FLOW DIAGRAM WATERMAIN DIP Cl. 52 — �, NO SCALE PROPOSED 3' — PROPOSED W 1' ■ CONCRETE APRON METER MANH' ■ PROPOSED PRESSURE PROPOSED I(SEE DETAIL , ; CONTROL STATION 11 SEEPAGE PIT ■ V I SHEET G 4) / 1 / o I PROPOSED GRAVEL 1' e" TM iIt it r v 1 ' % OUTSIDE OF FENCE LINE r' — �� s � -- " + • PROPOSED FENCE Nit 6� * ` / ' O I / Z / ..: I , II EXISTI G 8" P C FORCEIWN .. _ .... i '� `'' ,,: f (A6 ) NOTE: CUT INTO EXISTING 16" TRUNK WATERMAIN DIP — /' 1. CONTRACTOR SHALL COORDINATE CONNECTION CL 52, INSTALL (2) -16 "X16 "X12" TEE, r TO THE EXISTING 16" TRUNK WATERMAIN WITH m / Q THE CITY WATER AND WASTEWATER DEPARTMENT. (1) -16 "'BUTTERFLY VALVE, (2) -12" BUTTERFL v FUTURE/CUL -DE -SAC 3 THIS WORK MUST BE PERFORMED BETWEEN THE VALVES, (1)- METERING MANHOLE, APPROXIMATE / Grovel i EXISTING EL PVC C _ 9 HOURS OF 12:00 AM AND 4:00 AM, WITH A 201/-1r DIP CL 52 WATERMAIN, AND — _ j113 ' treXIMATE 8511 -12" DIP CL 52 WATERMAIN EXiovis e^ rulc w FORCEMMN P1• 12" MU * j> ALL I FlTTINGS NECESSARY TO MAKE CONNECTION SHALL BE THOROUGHLY CLEANED AND • �.��i� DISINFECTED PRIOR TO INSTALLATION SO THE WATER MAY BE TURNED ON AS QUICKLY AS — — Grovel 65TH STREET N.E. _ ==== --.■ ,u,............. POSSIBLE. EXISTNG 16" FORCFJWN _ z I ' IY / 1 Shrub ate— - / / W , '.try- -% 3 It �a� ( Res l de 9Ge j L 20 0 20 b SOM N S L R , DATE REVISION — R 1 1/ r o N, MPx speNsA , r Wp,rw, PMSM IR 1W .' .... SHEET • MR monde. M I • • • 0q Unroof !Mahal NDF Hakanson Anderson Assoc., Inc. CITY OF SITE PLAN AND FLOW DIAGRAM G -2 E1pw r1b ti Sp of J IRRxs4 RAY R I _ CM FRpYMMS •E LAW SNNps @ a 1 .' ' . UCA ,,, 3301 1 Won A,.., /0110,, NYnaek 55303 7113-427 -sew FM PRESSURE CONTROL STATION /1 m -4 . ...� � •� 7es- 427- rnroYRMUR- u.aMaR ; ��� pd. 7/09/07 Ue No P 2121 MUM CITY ON TII c IISA N ROAD CITY OF OTSEGO. MINNESOTA ,. E sH E A Ts POWER AND coNmOL r�E�% \ \ wrnx TRANSMITTER PANEL vraESSwE REDUCING (V _ OA \� CAECA VOL Ir DUTrDFLY VALVES _ VALVE (TT 1) ,(3 REWIRED) , 2. -0.. �MURE SCA°A PANEL :, �� �.-. //� 'r D ROOSTER PUMP NO. 1 ' O O \\ \ O \ \! Y 4 FLOOR DRAW (TTY) +p r���'l' \WS •• iLOOR DI" 1 77 I t `. wl o - • POMP NO. 2 ---.7\ i . -I 1 12" ( •� S'-D" WIWW BOTO . CLEARANCE I (3 IEED) WIRTFLT VALVES i� OIfUSER • APRON CONCRETE i VIEWER I i uR RELEASE VALVE NOTES: 1 I - - 1 1. PIPE SUPPORTS NOT 1 e• • Pvc (soR26) 3' MINIMUM SHOWN FOR CLARITY. dwN PFE CLEARANCE _f 2. SHADED RISER PIPES WITH I ELBOWS TO BE INSTALLED __ I 1— IN THE FIELD. + R'Y (TVP.) • ' SEE SITE PLAN FOR I SEEPAGE PIT LOCATOR EM r FLOOR PLAN aLLEA0 vuvE (TTP.) /' MIT FUTURE MP.) (2 R EWIRR ) / NEATER WM STAMMDM . S .. - ..4 MR ROF/SE VALVE (T1.) U MONORAIL TROLLEY AND 1401S1 r OUTSME MONORAIL DNT i i 3e Y �, 1 L C 1 °., -- $ ry WRfERFLY _ • m � DTRTERRY �. VALVE YA<K . �� rte» 1131111 1111.WAMIIII �EL,EV..V20.W i If - µ, - - Atm �? :t. .. <P.RIZRi ■ T4 `L .4 CONCRETE FODi1N0 3s i iY' DIP CL62 R 2" DP C s 5 SECTION 1 -1 u SECTION 2 -2 s I MCK V � ... '• 4 . • , , r.., f SEC DETAIL SWEET W [ N, wake DATE REVISION Thee, PANE Gal na n y.NPoH, w ate Iowa A WIN .. Paela a•P SWEET �# y . 1 a a. •T * aaara wpm.* anal I WDF duly Hakanson Anderson Assoc., Inc. 0r PLAN AND SECTIONS G_3 u Isn ltia E 55 ar Na my e1 _ r e CiCivil En0)nD Land Surveyors Ego PRESSURE CONTROL STATION 1 m it ,k) E , \ npawr ) � 3801 Thurston Am. Anoka. Minnesota 55303 i� C_4 \ ,� y �� 763 -427 -5860 FAX 783 -427 -0520 3 t \ ®N SHEETS 2J Date 7 /DD /07 uc. No. 22tR8 FM N.n.hokenson- olMenon.eem ON 1ffi cR6 PAAD CITY OF OT MINNESOTA y MOOT 2573.503 r t 1.0(0(5 do. wArzRNAw 12' DIMMER MME 2 1/2' RELEASE VALK SUMP ROLE • E GROUND OPT II ..ION PPE THRI FLOOR ' - 'PE SLEEVE aN.nxc Nut 1 AS APPROVED BY TIE CTIT ENGINEER E %TExxw x00 " (.) MER :: .. � 6. 3/T BAIL YALY %- �� ' j ERO max. � @{Y ,jpR7 6'%e' FARIR ELL /, 8�05� 11 3/E W IND WAIFRIM RUBBER -I.NK SEAT i 11 FENCE RAM. MATERIAL 40 4111., RUBBER ‘ BOOT ALL PI IERPR00E 6' APRON ...a.!+, 72 MR WALLS (TYPICAL) S POSTS - B' MAI. ON CENTER 2 '1' eLGNS 1W1 1°"I"II2' PENETRATION PIPE FLOOR PENETRATION DETA rIV i REF. M,DOT 3BU NO SCALE Roe LOCATE COVER OPENING ,...:'::::::(:1::,/ xx 1:0045,, N POSMON SNOW" D SILT FENCE MD MR AIR VALVE DETAIL BURIED BUTTERFLY PLAN NO SCALE VALVE AND BOX DETAIL r M EuV.. HOE ` T NEENAN CASTING E2 STICK MASTIC RIM ELEV.. [SEED I! ! MULCH - R -1751( OR COWL. OR EQUAL IEENAN R -1751 -A OR EOWL PUCE 2 READS CASTING. LID. ANTI INNER UD ` / C MN COVER SHALL BE TYPE 2 GROUT 27" CCCENTIC OPENING ANVILS STEEL THREADED _ iiiii RINGS OUTSIDE. MM RING FOR 1620 CCE R SNOW 4020J �� INSERT 70 ACCENT S/4" DOLT 4 WAiERIIONT _2" THICK CONCRETE ADJUSTING RINGS. EACH TO MATCH FRAME D011 SLEEVE i — . . OF 2 -2' S MAX. OF h2' � L.A. u J 1/r BOLT CIRCLE - RINGS w /YDIVK L EI PIASTER _ J W M OIE CLEAN N INDIA 3/4 DIA. SUNLESS STEEL MOLT J Willi Willi G 3 1/2" LONG. PRECAST CONC. MANHOLE SECTIONS ' `, y _...4 � P WATERTWMT W APPROVED STEPS PER D ,N INNER UD MA/DOT PUTS NO. 41110J J Z �J A - WIN GASKET , � — APPROVED STEPS PER ammo w VIM WB' mow BASE goo � t IIRENISINQ Mn/DOT PUrz NO. 41 W J � �� ;� z 12. BEWILrzE nua, MnH ROCK ALL OTSEGO MANHOLES MUST BE MOBTIME PRECAST WALLS TO BE CONSTRUCTED Of I Y SO I (N IVIES) IxNReWDI sn VxNs n"N sot PROOTED (BD1N SIDES) PRECAST SECTIONS. JOINTS SHALL BE PLAN 'A' NIP, CONSTRUCTED WM G PLAN j - -WITH CONSEAL CS-55 (GRAY) — GASKETS. - . - OR APPROVED EQUAL SEEPAGFG Ell DETAIL E WET TAP TON 2" BALL VALVE ON W a - /32 MW a‘ i a s 11I[CB :: ° . FOR wo METER INSTALLATION LO..3 /6 MAX., 0.D..7/8" MAX.) i T (L DR NOT ''/' 4/ MN E S TO MATCH V ALVE SOW. PIPE OR NETER SIGN PAN0.� SECTON '50 — 5/B' X 2 1/Y % 6' PLATE AT WS e ECTION ( 12 DIAMETER ' � /i/ IF / /' POST SUM► MOTE �' ADJUSTABLE STEEL PIPE ^ - -POST �i 2500 o: STREWN " SUPPORT (SEE DETAIL) II B" REINFORCED 1 /2' 1 1 /4 DI THREADED ROD IM1 5/16" STAINLESS STEEL BASE 4;k - BBLT 75 TH NYLON - MOM I/4' W SANMRD 0 NsE«T LOCK "UT. ��� �I N.. e ai s. SECTION A -A Ali _ _ •�• "U POST" MOUNTING ,. �j xN a • o r s ECnox 'AA' ALL CONFORM MAG METER MANHOLE y� / , ) SPEC. C. 3'"40 TO �.y � r NO SCALE NOMINAL WIGHT OF 2 LBS F o P ORRE R m n on= :, col PLAN AA B yr ' ' Axe DOLE X TER ME MANHOLE (WWI ON BLUE) U POST oY . wrz VALVE (NNE ON BLUE) LEDER $ • ■• THRUST BLOCKS � � S 1DN NO SCALE ADJUSTABLE STEEL PIPE SUPPORT R CO SCALE MARKER POST INSTALLATION gg .. ACNE S C DATE REVISION I xwW ea1xY Had MM s Mon. eP.p11m1Nn. w .sWi SOW SHEET papered a e» e, 0x51. ray OH. sasNHx ..a Owl I CIY OI DETAILS „� D oT E ,, „„ „„ MDF '� Hakanson Anderson Asso Inc G —a 1, N II slow p NOR CNn k., Av n and Load Surveyors EGO CONTROL STATION 11 19 g ..- LKA 3801 lvtl En l AV.., nd Lo d Surv eyG S530S f $ I � wk DoR 765- 427 1wkanwn- anMraon �emS20 G_ EE 2 De = 7/09/07 Lk. N.• 22198 RAW •""' o TTSE cRttA7 a R RoAO CITY OF O TSEGO, MINNESOTA SHEETS I MAE USE 011011791 MOD S161. EaG TO SCHEDULE A FU6491 AID A6T NL 1 1' CTOIA CONGO. PAM N 10 ME TER ■ NWA PRESSURE corm. STATION 10 N 448X0. L COMM COMM CABLE i METRO PANEL MO MAN MOOED 110 YAOETER A0 YALE MAGNETIC FLOIDEiER RIME ICIER OSCONECT iUR119ED COIDECR04i MANHOE FURNISHED YON PREEMIE ■ $ C01PlEE 110 S TR UC TUR E . CONTROL STATEN. WALE ELECTRICAL x CONNECtro6. SEE OCTAL ARS SHEET. N BARE STRAKER COPPER•CENouctm 10 SEAN(E EMTRAI CE • 1111111X 161) PRESSURE CONROL STATOR VIII BE ROMEO BRIE COPPER COOIIC100 - MO N 10 STE COMPLETELY ASSURED. SEE SPECEICATONS •• • - MOW FCR MOM EIFL'IRmE WALE COr{C11040 TO SFRNCE ENTRANCE N$CORNECT BOO 10 A MOW FC Mall RECUR. IALLRO 1114 hl -4/0-2 WALE S Wl -� _. — -- CaE10 FROM lAWIEM FLOWER TO WNTRa ^ _ PANEL FURNISH MO INSTALL no (2) r SW. 80 PVC tp .. - CONDUIT 51115 DOTAL 10)01 0 FLOOR AND WT -0 000004 FOUNDATION FOR NPUE USE AND CAP EROS LOCATE COOUT STUBS A0AACENT 0 C04100. — • PANEL CO NOVAE MTN ENBNEFR maw CO STRUCTION. - - - I 10'-0 WNW FURNISH AO NSTAIl 4-1 - /1/0 -2' � WING FRCO AND ENE nCORTECTDNi TO METER . ' FWMRIM AND MAKE CONNECTIONS N TO -1 I/2' t 1/r /'4 - ENTRANCE SEE OCTAL 1X5 SHEET. 0 A00111011. WIIOEIE FOOTING nun 1RAN1OR ER. COObINAIE PNYARY SERNCE YAK QI MEI T O WATER PS i0 METAL 12 00 OF E ELIDING AID b WATER PPE PER NEC TIE MO 8451 7ION 110 F ORME FURD91 ,' �� G�TF 4618*. VT/ERAT00 RECEPTACLE PROLOG) BY UFER GROUNDING ELECTRODE DETAIL AND N REOU TRANSFORMER PAD PER UIUn REOWEMEN75. A • NSTALL O hI A Ii /C- A 001 NO SCALE ' OVER RECEPTACLE 3SYY C MAT R BREAKER INSIDE . SKOOG AND MAKE FUANSI AO INSTALL 00VAC, 30, 200A. UTILITY- APPRD100 LIVER SOCNET ON SCE CC BLOOM FLORIN O CT w AZOOAMP . 1104-0661 9LLRERPR°OF °CLOSURE a UPSTREAM SOX 0 1E10R PER UXUTY XE5IIREOEIIIS FOR COOYCU04¢ MEIERN6 DETER TO E 46TAwn BY UTILITY. - _ i i eme ELECTRICAL SITE PLAN D 5 N* N x Isi sou: -X' 44. 1 10 01084100 EIECJRONC5 STA�00N N WORM MAIE ' OE CINCAL CO4NEC11ops i ' -- MEN IIb Ns1AU 1/4 I' SCI. BO PVC MUTT • 0401001 90E °F ICIER MANHOLE AID THEN DOAN RISCE 11 E TOLL 11144 O 1 i5 '4 . ST F? ,, - �� ,-�� 51410(05 51101. HARDWARE. I' EIECTROM 0(1IC FLOw/E1ER PRO EE FURNISHED CO I E R � 110 CABLE FUN'S' AND INSTALL YOB' ''e "Y�.,/ FUN'S' 5111E EGAD OBP T A ETD 'f ...alt COQRT MD WALE OPP LOOP \I . r BILL YA.YE FOR We - �-'�"- _-/- N CARE ALAFOR AND • WWII! i . / TIP IrOP NAIERYNI H�. , FOR NAG METER t SECTION METER MANHOLE 1 - NO SCALE i 5 O GATE ReniO4 1 040 Me We V.n nwCAm6a, DON 9rt> arm many* aoa --,„ -- -I- Hakanson Anderson Assoc., Inc. "TM OF y2 or nowt + E —T �E 1 .............. w �e CM 5^91 04.0, aM Lrna SurwW. Jobs r w Stole Obi 14H u ..e. AA, A o8*. r 53101 PRESSURE CONTROL STATION #1 bILIV �E 763 27 -5NN FAX 763- 137 -0510 CRY OF OTSEGO, MINNESOTA SAVAT S. SMARM © 611 70 un ...ma_ 555 .Mmnan-atlww..can On GMT MYR ROAD Is C1TY OF OTSEGO COUNTY OF VVRIGHT STATE OF MINNESOTA RESOLUTION NO. 2007-44 RESOLUTION APPROVING VACATION OF PORTION OF RIGHT OF WAY IN THE CITY OF OTSEGO, COUNTY 01? WRIGHT- TURNBACK PROPERTY RELEASED BY THE STATE OF MINNESOTA EFFECTIVE MARCH 1, 2007 PURSUANT TO NOTICE OF RELEASE OF TRUNK HIGHWAY NO. 1348 AND RESERVING EXISING UTILITY EASEMENTS WHEREAS, the City of Otsego has received a request to vacate the above- described turnback from the affected property owner, Duke Realty; and WHEREAS, the City received a Notice of Release of Trunk Highway No. 1348 dated February 20, 2007 releasing the property from the right of way of State Trunk Highway No. 101 attached as Exhibit A; and WHEREAS, the Otsego City Council, on its own motion, ordered a public hearing on the proposed vacation; and WHEREAS, that previous portion of the right of way for Trunk Highway 101 released by the State of Minnesota proposed to be vacated is described and graphically depicted on attached Exhibit B ; and 1 WHEREAS, the City has received notice from certain utilities requesting that easements for existing utilities be maintained; and WHEREAS, the City also needs to retain a utility easement for purposes of sanitary sewer, water and storm sewer; and WHEREAS, the City Council has determined that vacating the City's roadway interest in the described portion of the turnback and retaining utility easement would be in the public interest; and WHEREAS, the City of Otsego having considered the testimony in favor and opposed to vacating that portion of the turnback so described; and WHEREAS, the City Council ordered a public hearing and meeting to act upon said proposed vacation at 6:30 p.m. on the 9th day of July, 2007 at the Otsego City Hall; and WHEREAS, all legal requirements regarding giving notice have been satisfied; and WHEREAS, the City Council did meet on the 9th day of June, 2007, at the Otsego City Hall and heard all parties interested therein, and; WHEREAS, it now appears to the Otsego City Council that such portion of said turnback serves no useful purpose; and WHEREAS, that the rights of utilities currently using the right of way as well as present and future utility needs of the City need to be preserved. NOW, THEREFORE, the City Council of the City of Otsego, Wright County, Minnesota, hereby orders: 1. That the portion of that turnback property previously included as part of the Trunk Highway 101 right of way and recently released by the State of Minnesota located in the City of Otsego, Wright County, Minnesota, described as follows: See Exhibit B is hereby vacated, subject to the rights of existing private utilities and the City of Otsego to maintain current utilities and place additional utilities within identified areas of the turnback being vacated. 2 2. The City Council hereby determines that vacation of said turnback shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. Motion for adoption of resolution by , seconded by at the meeting of the Otsego City Council on the 9th day of July, 2007. IN FAVOR: OPPOSED: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk 3 oTz a- 7 .04Eso Minnesota Department of Transportation Transportat Building 395 John Irelan C Boulevard op Saint Paul, Minnesota 55155 -1899 Maint. Area No. 3B Release No 1348 Control Section No. 8608 NOTICE OF RELEASE OF TRUNK HIGHWAY To: Ronald Wagner Otsego City Engineer Hakanson Anderson & Associates, Inc. 3601 Thurston Avenue Anoka, MN 55303 -1603 You are hereby notified that portions of Trunk Highway No. 101 have been definitely designated and located by Orders Numbered 89647 and 89648 and that the portions of trunk highway not included within the right of way of said definite location are hereby released to the City of Otsego as foNows: Beginning at a point on the west line of the state highway right of way of Trunk Highway No. 101, said point is located approximately 1190 feet east and approximately 1000 feet north of the southwest corner of Section 35, Township 121 North, Range 23 West; thence west along the centerline of 62nd Street NE for approximately 300 feet to its intersection with Quam Avenue NE; thence continue south along the centerline of Quam Avenue NE for approximately 1000 feet to its intersection with the south line of said Section 35 and there terminating. Beginning again at a point on the west line of the state highway right of way of Trunk Highway No. 101, said point is located on the east-west quarter line of Section 35, Township 121 North, Range 23 West, approximately 1220 feet east of the west quarter comer thereof; thence west along the centerline of 65th Street NE for approximately 250 feet and there terminating. Beginning again at a point on the east line of the state highway right of way of Trunk Highway No. 101, said point is located on the east -west quarter line of Section 35, Township 121 North, Range 23 West, approximately 1490 feet east of the west quarter corner thereof; thence east along the centerline of 65th Street NE for approximately 350 feet and there terminating. An equal opportunity employer Page 2 This release to be effective as of March 1, 2007. Dated •a --d 7 Carol Mdnau Commissioner of Transportation (This notice is being sent to the County Auditor and to all affected governing bodies within the county in accordance with Minnesota Statutes, Section 161.16 and 161.24 and acts amendatory thereto). If you have any questions regarding this matter, feel free to contact the Office of Land Management, telephone 651- 366 -3469. STATE OF MINNESOTA COUNTY OF RAMSEY The undersigned, being duly appointed agent of the Commissioner of Transportation for the purpose of certifying copies of orders, records or files issued or maintained by the Commissioner, hereby certifies that this is a true and correct copy of the order, record or file of the State of Minnesota, Department of Transportation. Dated th D' da of7.� j u- a/' MNDOT Right of Way Release That part of the Trunk Highway No. 101 right of way lying in the Northeast Quarter of the Southwest Quarter of Section 35, Township 121 North, Range 23 West, Wright County, Minnesota, as shown on the MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 86 -25, filed August 31, 1995, as Document No. 578036, in the office of the Wright County Recorder, lying easterly of the northerly extension of a line drawn from DOT Monument No. B17, as shown on said plat, through DOT Monument No. B16, as shown on said plat, to the north line of said Northeast Quarter of the Southwest Quarter and said line there terminating. That part of the Trunk Highway No. 101 right of way lying in the Southeast Quarter of the Northwest Quarter of Section 35, Township 121 North, Range 23 West, Wright County, Minnesota, as shown on the MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 86 -26, filed August 21, 1995 as Document No. 577204, in the office of the Wright County Recorder, lying easterly of the southerly extension of a line drawn from DOT Monument No. B13, as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 86 -109, filed June 2, 2005 as Document Number 961567, through DOT Monument No. B27, as shown on said plat no. 86 -26, to the south line of said Southeast Quarter of the Northwest Quarter and said line there terminating. NOTE: MNDOT ROW Plat No. 86 -25 shows a portion oldie property to he vacated as "NE 65 Street ". It is suggested that the Cities release document also note that any and all rights to this portion of NE 65 Street are also released. ROW Release 80037-002 djp 6/6/07 1 80037 -002 I sr; i , >coa tsar S Schoell Madson T F 763 =746 i m Planning Engineering Surveying '''' Th'rd Streot NW Suite 'O) Elk RI.er, Mirnesota 55330 T 763- 241-01■8 F 763.24 -835' www schoellmadsor corn MNDOT ROW RELEASE EXHIBIT U I-__ u_ I r3 0 O 0 0 0 O zZ J�� z J \I he t z ti1 Dw w o w w 50013'15 "W N z 117.91 `‘ ` 500.33'26 "W � ' ' � ' 33.00 1 rt — — — a V i / R I \ I i W 1 7 a t ing 003 •ti N 04 / 1 N Z I I O ` 1 g , N of J 1 N , t1 6. 85 �{, n 1 .00 -_/ P N N00'33'15 "E ` - - -- 1 t J 60.01 • = - - -,1 % .14 Ci. r � : 589'59'41 "W ,' I ` — — — S r-� J WET LAND , � �� / - 71 J 827 C B/6 � B17 913 t 265.89 2019.57 730.00 AST ROW LINE OF TH 101 500'33'26 "W EAST ROW LINE OF TH 101 ` PER MNDOT ROW PLAT NO. PER MNDOT ROW PLAT NO. 86 -26 86 -25 MINNESOTA DEPARTMENT OF MINNESOTA DEPARTMENT OF TRANSPORTAI1ON RIGHT- OF —.:AY TRANSPORTATION RIGHT —OF -WAY PLATS P.O. 86 -26 & 86 -109 PLAT P.O. 86 -25 ,STATE TRUNK HIGHWAY �d0. i v ITEM 90_2 TAX ABATEMENT AND BUSINESS SUBSIDY AGREEMENT BY AND BETWEEN CITY OF OTSEGO, MINNESOTA AND DUKE REALTY LIMITED PARTNERSHIP 2045605v2 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS 1 Section 1.1 Definitions 1 ARTICLE II REPRESENTATIONS AND WARRANTIES 3 Section 2.1 Representations and Warranties of the City 3 Section 2.2 Representations and Warranties of the Developer 3 ARTICLE III UNDERTAKINGS BY DEVELOPER AND CITY 5 Section 3.1 Construction of Project and Reimbursement of Tax Abatement Property Cost 5 Section 3.2 Limitations on Undertaking of the City 5 Section 3.3 Commencement and Completion of Construction 5 Section 3.4 Damage and Destruction 5 Section 3.5 Change in Use of Project 5 Section 3.6 Prohibition Against Transfer of Project and Assignment of Agreement 6 Section 3.7 Real Property Taxes 6 Section 3.8 Business Subsidies Act 7 Section 3.9 Duration of Abatement Program 8 ARTICLE IV EVENTS OF DEFAULT 9 Section 4.1 Events of Default Defined 9 Section 4.2 Remedies on Default 9 Section 4.3 No Remedy Exclusive 9 Section 4.4 No Implied Waiver 9 Section 4.5 Agreement to Pay Attorney's Fees and Expenses 10 Section 4.6 Release and Indemnification Covenants 10 ARTICLE V ADDITIONAL PROVISIONS 11 Section 5.1 Conflicts of Interest 11 Section 5.2 Titles of Articles and Sections 11 Section 5.3 Notices and Demands 11 Section 5.4 Counterparts 12 Section 5.5 Law Governing 12 Section 5.6 Duration 12 Section 5.7 Provisions Surviving Rescission or Expiration. 12 EXHIBIT A A -1 20456052 -i- TAX ABATEMENT AND BUSINESS SUBSIDY AGREEMENT THIS AGREEMENT, made as of the day of , 2007, by and among the City of Otsego, Minnesota (the "City "), a municipal corporation and political subdivision of the State of Minnesota, and Duke Realty Limited Partnership, an Indiana limited partnership (the "Developer "). W1TNESSETH: WHEREAS, pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815, the City has established a Tax Abatement Program; and WHEREAS, the City believes that the development and construction of a certain Project (as defined herein), and fulfillment of this Agreement are vital and are in the best interests of the City, will result in preservation and enhancement of the tax base, provide employment opportunities and are in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted; and WHEREAS, the requirements of the Business Subsidy Law, Minnesota Statutes, Section 116J.993 through 116J.995, apply to this Agreement; and WHEREAS, the City has adopted criteria for awarding business subsidies that comply with the Business Subsidy Law, after public hearings for which notice was published; and WHEREAS, the Council has approved this Agreement as a subsidy agreement under the Business Subsidy Law. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I DEFINITIONS Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement, as the same may be from time to time modified, amended or supplemented; Benefit Date means the date on which a Certificate of Occupancy for the Project is issued by the City; Business Day means any day except a Saturday, Sunday or a legal holiday or a day on which banking institutions in the City are authorized by law or executive order to close; 2045605v2 City means the City of Otsego, Minnesota; County means Wright County, Minnesota; Developer means Duke Realty Limited Partnership, an Indiana limited partnership, its successors and assigns; Event of Default means any of the events described in Section 4.1; Project means the construction by the Developer of an approximately 153,000 square foot office /warehouse building located on the Tax Abatement Property; State means the State of Minnesota; Tax Abatement Act means Minnesota Statutes, Sections 469.1812 through 469.1815; Tax Abatement Program means the actions by the City pursuant to Minnesota Statutes, Section 469.1812 through 469.1815, as amended, and undertaken in support of the Project; Tax Abatement Property means the real property on which the Project is constructed and is described on Exhibit A attached hereto; Tax Abatements means 30% of the City's share of real estate taxes on the Tax Abatement Property abated in accordance with the Tax Abatement Program. 2045605v2 2 ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1 Representations and Warranties of the City. The City makes the following representations and warranties: (1) The City is a municipal corporation and a political subdivision of the State and has the power to enter into this Agreement and carry out its obligations hereunder. (2) The Tax Abatement Program was created, adopted and approved in accordance with the terms of the Tax Abatement Act. (3) To finance the costs of the Project to be undertaken by the Developer, the City proposes, subject to the further provisions of this Agreement, to apply the Tax Abatements to reimburse the Developer for a portion of the costs of the Tax Abatement Property attributable to the Project as further provided in this Agreement. (4) The City has made the findings required by the Tax Abatement Act for the Tax Abatement Program. Section 2.2 Representations and Warranties of the Developer. The Developer makes the following representations and warranties: (1) The Developer has the power to enter into this Agreement and to perform its obligations hereunder and is not in violation of its articles or bylaws or any local, state or federal laws. (2) The Developer is a limited partnership validly existing under the laws of the State of Indiana and has full power to enter into this Agreement and carry out the covenants contained herein. (3) The Developer will cause the Project to be constructed in accordance with the terms of this Agreement and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations). (4) The Developer will obtain or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Project may be lawfully constructed (5) The construction of the Project would not be undertaken by the Developer, and in the opinion of the Developer would not be economically feasible within the reasonably foreseeable future, without the assistance and benefit to the Developer provided for in this Agreement. 2045605v2 3 (6) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (7) The Developer will cooperate fully with the City with respect to any litigation commenced with respect to the Project but only to the extent that the City and the Developer are not adverse parties to the litigation. (8) The Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Project. 2045605v2 4 ARTICLE III UNDERTAKINGS BY DEVELOPER AND CITY Section 3.1 Construction of Project and Reimbursement of Tax Abatement Property Cost. (1) The Developer agrees that it will construct the Project in accordance with the construction plans approved by the City, the terms of this Agreement and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations). The Developer will obtain or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Project may be lawfully constructed. Nothing in this Agreement shall be deemed to impair or limit any of the City's rights or responsibilities under its zoning laws or construction permit processes. The Developer will, at all times prior to the termination of this Agreement, operate and maintain, preserve and keep the Project or cause the Project to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. (2) Upon submission to the City of invoices relating to the cost of the Tax Abatement Property attributable to the Project in an amount not less than $380,000 (the "Reimbursement Amount "), the City shall reimburse the Developer for such costs pursuant to the Abatement Program as provided in Section 3.9. Section 3.2 Limitations on Undertaking of the City. Notwithstanding the provisions of Section 3.1, the City shall have no obligation to reimburse the Developer for the cost of the Tax Abatement Property attributable to the Project, if the City, at the time or times such payment is to be made, is entitled under Section 4.2 to exercise any of the remedies set forth therein as a result of an Event of Default which has not been cured. Section 3.3 Commencement and Completion of Construction. The Developer shall complete the Project by , . All work with respect to the Project to be constructed or provided by the Developer shall be in conformity with the construction plans as submitted by the Developer and approved by the City. Nothing in this Agreement shall be deemed to impair or limit any of the City's rights or responsibilities under its zoning laws or construction permit processes. Section 3.4 Damage and Destruction. In the event of damage or destruction of the Project the Developer shall repair or rebuild the Project. Section 3.5 Change in Use of Project. The City's obligations pursuant to this Agreement shall be subject to the continued operation of the Project by the Developer. 2045605v2 5 Section 3.6 Prohibition Against Transfer of Project and Assignment of Agreement. The Developer represents and agrees that prior to the termination date of this Agreement the Developer shall not transfer the Project or any part thereof or any interest therein, without the prior written approval of the City. The City shall be entitled to require as conditions to any such approval that: (1) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer. (2) Any proposed transferee, by instrument in writing satisfactory to the City shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Developer under this Agreement and agreed to be subject to all the conditions and restrictions to which the Developer is subject. (3) There shall be submitted to the City for review and prior written approval all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Project. Section 3.7 Real Property Taxes. The Developer shall, so long as this Agreement remains in effect, pay all real property taxes with respect to all parts of the Tax Abatement Property owned by it which are payable pursuant to any statutory or contractual duty that shall accrue until title to the property is vested in another person. The Developer agrees that for tax assessments so long as this Agreement remains in effect: (a) It will not challenge the market value of the Tax Abatement Property with any governmental entities, other than the City. (b) It will not seek administrative review or judicial review of the applicability of any tax statute relating to the ad valorem property taxation of real property contained on the Tax Abatement Property determined by any tax official to be applicable to the Project or the Developer or raise the inapplicability of any such tax statute as a defense in any proceedings with respect to the Tax Abatement Property, including delinquent tax proceedings; provided, however, "tax statute" does not include any local ordinance or resolution levying a tax; (c) It will not seek administrative review or judicial review of the constitutionality of any tax statute relating to the taxation of real property contained on the Tax Abatement Property determined by any tax official to be applicable to the Project or the Developer or raise the unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings with respect to the Tax Abatement Property; provided, however, "tax statute" does not include any local ordinance or resolution levying a tax; (d) It will not seek any tax deferral or abatement, either presently or prospectively authorized under Minnesota Statutes, Section 469.181, or any other State or 2045605v2 6 federal law, of the ad valorem property taxation of the Tax Abatement Property so long as this Agreement remains in effect. Section 3.8 Business Subsidies Act. (1) In order to satisfy the provisions of Minnesota Statutes, Sections 116J.993 to 1161995 (the "Business Subsidies Act "), the Developer acknowledges and agrees that the amount of the "Business Subsidy" granted to the Developer under this Agreement is the value of a portion of the Tax Abatement Property attributable to the Project, which is approximately $380,000, and that the Business Subsidy is needed because the Project is not sufficiently feasible for the Developer to undertake without the Business Subsidy. The public purpose of the Business Subsidy is to increase the tax base in the City. The Developer agrees that they will meet the following goals (the "Goals "): it will create at least one (1) full time job in connection with the development of the Project at a wage of at least $9.50 per hour, which includes benefits not required by law, within two years from the Benefit Date. (2) If none of the Goals are met, the Developer agrees to repay all of the Business Subsidy to the City, plus interest ( "Interest ") set at the implicit price deflator defined in Minnesota Statutes, Section 275.70, Subdivision 2, accruing from and after the Benefit Date, compounded semiannually. If the Goals are met in part, the Developer will repay a portion of the Business Subsidy (plus Interest) determined by multiplying the Business Subsidy by a fraction, the numerator of which is the number of jobs in the Goals which were not created at the wage level set forth above and the denominator of which is one (1) (i.e. number of jobs set forth in the Goals). (3) The Developer agrees to (i) report its progress on achieving the Goals to the City until the later of the date the Goals are met or two years from the Benefit Date, or, if the Goals are not met, until the date the Business Subsidy is repaid, (ii) include in the report the information required in Section 116J.994, Subdivision 7 of the Business Subsidies Act on forms developed by the Minnesota Department of Employment and Economic Development, and (iii) send completed reports to the City. The Developer agrees to file these reports no later than March 1 of each year commencing March 1, 2008, and within 30 days after the deadline for meeting the Goals. The City agrees that if it does not receive the reports, it will mail the Developer a warning within one week of the required filing date. If within 14 days of the post marked date of the warning the reports are not made, the Developer agrees to pay to the City a penalty of $100 for each subsequent day until the report is filed up to a maximum of $1,000. (4) The Developer agrees to continue operation of the Project for at least five (5) years after the Benefit Date. (5) Other than the Tax Abatements provided by the City and comparable tax abatements from the County, there are no state or local government agencies providing financial assistance for the Project. (6) There is no parent corporation of the Developer. 2045605v2 7 Section 3.9 Duration of Abatement Program. The Tax Abatement Program shall exist for a period of up to ten years beginning with real estate taxes payable in 2008 through 2017. On or before February 1 and August 1 of each year commencing August 1, 2008 until the earlier of the date that the Developer shall have received the Reimbursement Amount or February 1, 2018 the City shall pay the Developer the amount of the Tax Abatements received by the City in the previous six month period. The City may terminate the Tax Abatement Program and this Agreement at an earlier date if an Event of Default occurs and the City rescinds or cancels this Agreement. 2045605v2 8 ARTICLE IV EVENTS OF DEFAULT Section 4.1 Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean whenever it is used in this Agreement any one or more of the following events: (1) Failure by the Developer to timely pay any ad valorem real property taxes, special assessments, utility charges or other governmental impositions with respect to the Project. (2) Failure by the Developer to cause the construction of the Project to be completed pursuant to the terms, conditions and limitations of this Agreement. (3) Failure by the Developer to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. Section 4.2 Remedies on Default. Whenever any Event of Default referred to in Section 4.1 occurs and is continuing, the City, as specified below, may take any one or more of the following actions after the giving of thirty (30) days' written notice to the Developer citing with specificity the item or items of default and notifying the Developer that it has thirty (30) days within which to cure said Event of Default. If the Event of Default has not been cured within said thirty (30) days: (a) The City may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement. (b) The City may cancel and rescind this Agreement. (c) The City may take any action, including legal or administrative action, in law or equity, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 4.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 4.4 No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by the other party, such waiver shall be 2045605v2 9 limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 4.5 Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that they shall, on demand 0 herefore, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. Section 4.6 Release and Indemnification Covenants. (1) The Developer releases from and covenants and agrees that the City and its governing body members, officers, agents, servants and employees shall not be liable for and agrees to indemnify and hold harmless the City and its governing body members, officers, agents, servants, and employees against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project. (2) Except for any willful misrepresentation or any willful or wanton misconduct of the following named parties, the Developer agrees to protect and defend the City and its governing body members, officers, agents, servants and employees, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from a breach of the obligations of the Developer under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, maintenance and operation of the Project. (3) The City and its governing body members, officers, agents, servants and employees shall not be liable for any damages or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be about the Project due to any act of negligence of any person. (4) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. 2045605v2 1 ARTICLE V ADDITIONAL PROVISIONS Section 5.1 Conflicts of Interest. No member of the governing body or other official of the City shall participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the City shall be personally liable to the City in the event of any default or breach by the Developer or successor or on any obligations under the terms of this Agreement. Section 5.2 Titles of Articles and Sections. Any titles of the several parts, articles and sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 5.3 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (1) in the case of the Developer is addressed to or delivered personally to: Duke Realty Limited Partnership c/o Duke Realty Corporation 1600 Utica Avenue, Suite 250 St. Louis Park, MN 55416 Attention: Patrick E. Mascia copy to: Duke Realty Corporation 6133 North River Road, Suite 200 Rosemount, IL 60018 Attn: Ann Colussi Dee (2) in the case of the City is addressed to or delivered personally to the City at: City of Otsego Otsego City Hall 8899 Nashua Avenue NE Otsego, MN 55330 Attention: City Administrator or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. 2045605v2 11 Section 5.4 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 5.5 Law Governing. This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. Section 5.6 Duration. This Agreement shall remain in effect through the earlier of the date the Developer receives the Reimbursement Amount or February 1, 2018, unless earlier terminated or rescinded in accordance with its terms. Section 5.7 Provisions Surviving Rescission or Expiration. Sections 4.5 and 4.6 shall survive any rescission, termination or expiration of this Agreement with respect to or arising out of any event, occurrence or circumstance existing prior to the date thereof. 2045605v2 12 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and on its behalf, and the Developer has caused this Agreement to be duly executed in its name and on its behalf, on or as of the date first above written. DUKE REALTY LIMITED PARTNERSHIP, an Indiana limited partnership By Duke Realty Corporation, Its General Partner By: Patrick E. Mascia Senior Vice President This is a signature page to the Tax Abatement and Business Subsidy Agreement by and between the City of Otsego, Minnesota and Duke Realty Limited Partnership. 2045605v2 S -1 CITY OF OTSEGO, MINNESOTA By Its Mayor By Its Administrator This is a signature page to the Tax Abatement and Business Subsidy Agreement by and between the City of Otsego, Minnesota and Duke Realty Limited Partnership. 2045605v2 S -2 EXHIBIT A Gateway North Second Addition — Block 1, Lot 1 2045605v2 A -1 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA HELD: July 9, 2007 Pursuant to due call and notice thereof, a meeting of the City Council of the City of Otsego, Wright County, Minnesota, was duly called and held at the City Hall in said City on Monday, the 9th day of July, 2007, at 6:30 o'clock p.m. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROPERTY TAX ABATEMENTS AND AUTHORIZING EXECUTION OF A TAX ABATEMENT AND BUSINESS SUBSIDY AGREEMENT BE IT RESOLVED by the City Council (the "Council ") of the City of Otsego, Minnesota (the "City "), as follows: 1. Recitals. (a) Duke Realty Limited Partnership ( the "Developer") proposes to construct an approximately 109 acre industrial park in the City (the "Project "). The Developer has requested that the City provide financial assistance to the Developer for the Project. The City proposes to use the abatement for the purposes provided for in the Abatement Law (as hereinafter defined), including the Project. The proposed term of the abatement will be for up to ten years in an amount not to exceed $500,000. The abatement will apply to 30% of the City's share of the property taxes (the "Abatement ") derived from the property currently described as Parcel Identification No. 118- 249 - 000060 (the "Property"). (b) On the date hereof, the Council held a public hearing on the question of the Abatement, and said hearing was preceded by at least 10 days but not more than 30 days prior published notice thereof. (c) The Abatement is authorized under Minnesota Statutes, Sections 469.1812 through 469.1815 (the "Abatement Law"). 2036247v2 2. Findings for the Abatement. The City Council hereby makes the following findings: (a) The Council expects the benefits to the City of the Abatement to at least equal or exceed the costs to the City thereof. (b) Granting the Abatement is in the public interest because it will significantly increase the tax base of the City and provide quality employment opportunities in the City. (c) The Property is not located in a tax increment financing district. (d) In any year, the total amount of property taxes abated by the City by this and other resolutions and agreements, if any, does not exceed the greater of ten percent (10 %) of the current levy or $200,000. 3. Terms of Abatement. The Abatement is hereby approved. The terms of the Abatement are as follows: (a) The Abatement shall be for up to ten (10) years ten years beginning with real estate taxes payable in 2008 and continuing through 2017, inclusive. (b) The City will abate and pay to the Developer 30% of the City's share of the property tax amount which the City receives from the Property, not to exceed $500,000. (c) The Abatement shall be subject to all the terms and limitations of the Abatement Law. (d) The Abatement may not be modified or changed during its term. 4. Approval of Tax Abatement and Business Subsidy Agreement. (a) The City Council hereby approves a Tax Abatement and Business Subsidy Agreement with the Developer providing for payment of the Abatement and the City's assistance for the Project in substantially the form submitted, and the Mayor and Clerk are hereby authorized and directed to execute the Tax Abatement and Business Subsidy Agreement on behalf of the City. (b) The approval hereby given to the Tax Abatement and Business Subsidy Agreement includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City officials authorized by this resolution to execute the Agreement. The execution of the Agreement by the appropriate officer or officers of the City shall be conclusive evidence of the approval of the Agreement in accordance with the terms hereof. 2036247v2 2 The motion for the adoption of the foregoing resolution was made by member and duly seconded by member and, upon a vote being taken thereon after full discussion thereof, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 2036247v2 3 STATE OF MINNESOTA ) ) SS COUNTY OF WRIGHT ) I, the undersigned, being the duly qualified and acting Clerk of the City of Otsego, Minnesota (the "City "), by reason of my office as Clerk, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of the City, duly called and held on the date therein indicated, insofar as such minutes relate to property tax abatements for the Duke Realty Project. WITNESS my hand this day of July, 2007. City Clerk 2036247v2 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2007-45 RESOLUTION ADOPTING A POLICY AND CRITERIA FOR GRANTING BUSINESS SUBSIDIES BE IT RESOLVED by the City Council (the "Council ") of the City of Otsego, Minnesota (the "City "), as follows: (1) Hearing. On July 9, 2007, the Council held a public hearing on the question of the adoption of the Business Subsidy Policy and Criteria, and said hearing was preceded by published notice thereof. (2) Adoption of the Business Subsidy Criteria; Filing. The Business Subsidy Policy and Criteria attached hereto as Exhibit A is hereby adopted. The City Clerk is hereby authorized and directed to submit a copy of the Business Subsidy Policy and Criteria with the Department of Employment and Economic Development, along with the next annual report in accordance with Minnesota Statutes, Section 1161994, Subdivision 2. Adopted on July 9, 2007, by the Otsego City Council. Mayor Attest: City Clerk Councilmember moved the adoption of the foregoing resolution, and said motion was duly seconded by Councilmember • , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly adopted. 2036173v2 CITY CLERK'S CERTIFICATE I, the undersigned, being the duly qualified and acting City Clerk of the City of Otsego, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of a duly called and regularly or specially held meeting of the City Council of said City held on July 9, 2007, with the original minutes thereof on file in my office and I further certify that the same is a full, true, and correct transcript thereof insofar as said minutes relate to adoption of a policy and criteria for granting business subsidies. WITNESS my hand officially this day of July, 2007. City Clerk Otsego, Minnesota 2036173v2 EXHIBIT A City of Otsego Business Subsidy Criteria SECTION 1. PURPOSE AND AUTHORITY 1.1 The purpose of this document is to establish the criteria for the City of Otsego (the "Grantor ") for granting of business subsidies for private development. The criteria shall be used as a guide in the processing and reviewing applications requesting business subsidies. 1.2 The City's ability to grant business subsidies is governed by the limitations established in Minnesota Statutes, Sections 116J.993 through 116J.995 (the "Statutes "). 1.3 Unless specifically excluded by the Statutes, business subsidies include grants by state or local government agencies, contributions of personal property, real property, infrastructure, the principal amount of a loan at rates below those commercially available to the recipient of the subsidy, any reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business. 1.4 These criteria are to be used in conjunction with other relevant policies of the Grantor. 1.5 The City may deviate from these criteria by documenting in writing the reason(s) for the deviation. The documentation shall be submitted to the Department of Employment and Economic Development with the next annual report. 1.6 The Grantor may amend this document at any time. Amendments to these criteria are subject to public hearing requirements contained in the Statutes. SECTION 2. PUBLIC PURPOSE REQUIREMENT 2.1 All business subsidies must meet a public purpose. 2.2 The creation or retention of jobs may be, but is not required to be, a public purpose for granting a subsidy. If job creation is a goal, the City shall enter into a business subsidy agreement requiring the creation of at least 1 job at the wage floor set forth in Section 2.5 and any additional job creation requirements. The determination that jobs are not a public purpose for the subsidy and that the related wage and job goals are zero shall be made following a public hearing. 2.3 Job retention may only be used as a public purpose in cases where job loss is specific and demonstrable. The City shall document the information used to determined the nature of the job loss. 2036173v2 2.4 The creation of tax base shall not be the sole public purpose of a subsidy. 2.5 The wage floor for wages to be paid for the jobs created shall be one hundred and fifty percent (150 %) of the State minimum wage in effect at the time the subsidy is granted. The City will seek to create jobs with higher wages as appropriate for the overall public purpose of the subsidy. SECTION 3. BUSINESS SUBSIDY APPROVAL CRITERIA 3.1 All new projects approved by City of Otsego should meet the following minimum approval criteria. However, it should not be presumed that a project meeting these criteria will automatically be approved. Meeting these criteria creates noncontractual rights on the part of any potential developer. 3.2 To be eligible to receive a business subsidy, the recipient must meet the following minimum requirements: (a) The subsidy must achieve a public purpose. (b) The project must comply with local plans and ordinances. (c) The recipient shall provide information demonstrating that granting the subsidy is necessary for the proposed development to occur. (d) The recipient enters into an agreement pursuant to these criteria and the Statutes. 3.3 The business subsidy shall be provided within applicable state legislative restrictions, debt limit guidelines, and other appropriate financial requirements and policies. 3.4 The project must be in accord with the Comprehensive Plan and Zoning Ordinances, or required changes to the plan and Ordinances must be under active consideration by the City at the time of approval. 3.5 Business subsidies will not be provided to projects that have the financial feasibility to proceed without the benefit of the subsidy, in effect, business subsidies will not be provided solely to broaden a developer's profit margins on a project. Prior to consideration of a business subsidy request, the Grantor may undertake an independent underwriting of the project to help ensure that the request for assistance is valid. 3.6 Prior to approval of a business subsidy, the developer shall provide any required market and financial feasibility studies, appraisals, soil boring, information provided to private lenders for the project, and other information or data that the Grantor or its financial consultants may require in order to proceed with an independent underwriting. 2036173v2 2 3.7 Any developer requesting a business subsidy should able to demonstrate past successful general development capability as well as specific capability in the type and size of development proposed. 3.8 The developer must retain ownership of the project at least long enough to complete it, to stabilize its occupancy, to establish the project management, and to initiate repayment of the business subsidy, if applicable. 3.9 A recipient of a business subsidy must enter into a subsidy agreement with the Grantor as described in Section 4. 3.10 A recipient of a business subsidy must make a commitment to continue operations within the City for at least five years after the benefit date. 3.11 Any business subsidy will be the lowest possible level and least amount of time necessary, after the recipient maximizes the use of private debt and equity financing first. SECTION 4. SUBSIDY AGREEMENT 4.1 In granting a business subsidy, the Grantor shall enter into a subsidy agreement with the recipient that provides the information, wage and job goals, commitments to provide necessary reporting data and recourse for fail to meet goals required by the Statutes. 4.2 The subsidy agreement may be incorporated into a broader development agreement for a project. 4.3 The subsidy agreement will describe the requirements for the recipient to provide the reporting information required by the Statutes. Adopted by: City Council of the City of Otsego, Minnesota Date of adoption: July 9, 2007 Date of public hearing: July 9, 2007 2036173v2 3 ITEM 10_4 COURI, MACARTHUR & RUPPE, P.L.L.P. Michael C Court. Attorneys at Law Kristen H. Carr Andrew J. MacArthur 705 Central Avenue East Kyle R. Hartnett Robert T. Ruppe•• PO Box 369 St Michael, AN 55376-0369 *Also `' Ninon (763) 497-1930 "Also licensed in Car (763) 4974599 (FAA cao acwlhw®eavthlb* net July 5, 2007 City Council Members City of Otsego c/o Judy Hudson, City Clerk 8899 Nashua Avenue NE Otsego, MN 55330 RE: Otsego- Albertville Road Agreement Dear Council Members: I have reviewed the Otsego — Albertville Road Agreement presented to the Council, as has City Administrator Mice Robertson. The Agreement was drafted by the Albertville City Attorney and was discussed and approved by the Albertville City Council at their last meeting. The agreement that they approved incorporated Mike Robertson's comments made by e-mail. I agree with Mike's proposed changes and find the agreement to be acceptable in form and similar to earlier versions of a contemplated road agreement which were discussed at City star level. Albertville was to provide Exhibits B and C to the agreement, and I have talked with Hakanson Anderson about preparing Exhibit A which would be a drawing of the final as built MacIver Avenue. I will be available to further discuss the Agreement at Monday night's City Council meeting. Very truly yours, Andrew J. MacArthur COURI, MACARTHUR & RUPPE, PLLP cc: Ron Wagner, City Engineer Dan Licht, City Planner 1 Draft —June 27 2007 ( Deleted: 1, AGREEMENT BETWEEN THE CITY OF OTSEGO, THE CITY OF ALBERTVILLE AND WRIGHT COUNTY REGARDING IMPROVEMENTS TO BORDER ROADS AGREEMENT entered into this day of , 2007 between the City of ( Deleted: 6 Albertville ( "Albertville "), a municipal corporation organized under the laws of the State of Minnesota, the City of Otsego ( "Otsego "), also a municipal corporation organized under the laws of the State of Minnesota, and the County of Wright, a political subdivision of the State of Minnesota. For purposes of this Agreement, Albertville and Otsego may also be collectively described as the "Cities" and Wright County may be described as the "County." 1. Streets Subject to This Agreement. This Agreement covers the following existing and future roads which are on the borders of the two Cities: a. Maclver Avenue (north-south alignment) north of CSAH 37; b. CSAH 19 north of I -94 to 1,320 feet north of the Albertville /Otsego border; c. 70 Street between CSAH 19 and Maclver Avenue; d. Maclver Avenue /future 63` Street (east west alignment) west of new MacIver Avenue. 2. Purpose of This Agreement. The parties intend in this Agreement to set out the major responsibilities of each respective party in regard to the streets which are subject to this Agreement. It is the intention of the Cities that the subject streets be constructed in the years or other times as set out in this agreement, weather and other conditions beyond the control of the Cities permitting. It is also the intention of the Cities that the streets be constructed in the approximate locations and with accesses in the same number and approximate locations as shown on the attached Exhibits, unless otherwise agreed by the Cities. 3. Provisions Applicable to Wright County. It is the intent of the parties that Wright County be a party to this Agreement only so far as necessary to implement the provisions of this Agreement related to CSAH 19. Wright County shall not be bound by the provisions of this Agreement that apply only to the non -CSAH roads. 4. Project Management. For all road projects subject to this Agreement which consist of improvements to a County State Aid Highway, the City of Otsego, the City of Albertville, and Wright County shall all designate one representative from each community to serve on a Project Management Team, hereafter referred to as "PMT," for the purposes of addressing all project related issues which arise during the design and construction of the project. 1 5. Maclver Avenue (north -south alignment) north of CSAH 37. a. Scope of Project. The project is located on the east boundary of Albertville and the boundary of Otsego between 62 street and 70 streets. This road was previously a rural two -lane gravel border street between the two Cities, which in 2005 was improved by Otsego to a paved two lane urban street with a paved trail on the east side of the street. The Maclver section of street abutting Albertville was a small portion of the overall project completed by Otsego. At the time of planning and construction, Maclver was not on Albertville's street improvement schedule and Otsego decided to proceed without Albertville's participation. In 2004 and 2005 the City of Otsego through its City Engineer developed Plans and Specifications, bid and constructed the improvement project. The project was determined to be substantially completed by the City of Otsego in November of 2005. The location of Maclver Avenue and the access to it (present and future) are shown on the attached Exhibit A). b. Project Funding. Albertville and Otsego agree to each be responsible for 50% of the total cost of the 4,200 feet of street, butting Albertville, ( Deleted: and trail excluding the trail on the east side of the roadway. The cost of the project includes all project related engineering costs, including construction observation and plans and specifications, any project related legal costs, costs of right of way and construction costs. c. Project Payment„ The Albertville and Otsego engineers have reviewed Deleted: The total cost of the Otsego all costs and have mutually determined that Albertville's share of the $2,885,00 project is determined to be $2,885,000 representing approximately project for 50% of the cost for the portion of Maclver Avenue Abutting 26,610 feet of project Albertville is $,466,270 representing 4,200 feet of project. Albertville ( Deleted: and accompanying trail agrees to pay Otsego $,466,270 within 30 days of the execution of this ( Deleted: 486,934.50 agreement by the Cities. (Deleted, 486,934.5o I. ( Deleted: $ 6. CSAH 19 north of the I -94 to 1,320 feet north of the Albertville/Otsego Dew` rnt Trail cost of a ' o border. the west side of Maclver Avenue, do n n when the Albertville City Council votes in the affirmative that a trail is necessary. a. Scope of Project. This project shall consist of improvements to CSAH 19 Otsego agrees to pay Albertville within from I -94 north through 70 Street approximately 1,000 to 1,320 feet into 30 days of substantial completion of the trail project Otsego. The proposed CSAH 19 project includes adding turn lanes into the Deleted: $ Albertville Premium Outlet site and improvement to the existing 2 -lane roadway of approximately 2,800 feet in Albertville,pnd 1,000 to 1,320 feet ( Deleted: and in Otsego to a four lane urban section with a center median and turn lanes meeting Mn/DOT State Aid Standards, hereinafter called the "CSAH 19 Project ". 2 b. CSAH 19 Street Plans and Specifications. Albertville shall be the lead Government Unit for the CSAH 19 Project, and it shall, through its City Engineer complete the Plans and Specifications to be used for purposes of bidding the improvement project. Such plans and specifications shall be based upon the improvements proposed by the NE Wright County Study including, but not limited to, the extension of a four -lane divided road section into Otsego, additional turning lanes at the Outlet Mall Entrance, and continuation of the off -road trail on the west side of the roadway and a potential sidewalk on the east side of the roadway.. The Albertville City Engineer shall provide copies of the completed Plans and Specifications for review to the Otsego Engineer and the Wright County Highway Engineer at least thirty (30) days prior to presentation to both City Councils and the County Board. The plans and specifications must be approved by both Cities and the County prior to the time advertisement for bids is published. In the event the Cities cannot agree upon the same plans and specifications, the Cities agree to allow the Wright County Highway Engineer to determine which plans and specifications shall be used, in which case the Cities shall approve such plans and specifications without modifications. c. Awarding of Bid. Upon receipt of bids, the Albertville City Engineer shall provide the bids and related calculations to the Otsego and Wright County Engineers for review prior to award of bid. In the event that issues are raised by either City or the County relative to responsiveness of a bid or responsibility of a bidder they shall be resolved by mutual agreement prior to awarding of a bid. Upon passage of resolutions by Otsego and the County authorizing Albertville to award the bid to the lowest responsible bidder, Albertville shall pass a resolution awarding the bid to the lowest responsible bidder and Albertville shall enter into a contract with such lowest responsible bidder. The contract shall provide that Otsego, the County, and Albertville shall be indemnified and held harmless by the contractor from any claim or cause of action related to the project. Both cities and the County shall provide to the contractor access as necessary to portions of their respective right of way. d. Project Management and Oversight. Albertville and its City Engineer shall be responsible for management and oversight of the project and shall coordinate with the PMT to complete the project. Albertville shall approve and make progress payments to the contractor after consultation with the PMT. Upon such progress payments to the contractor, Albertville shall invoice Otsego and the County for reimbursement of their portion of the payments. Otsego and the County shall remit its reimbursement to Albertville within 30 days of receipt of said invoice, provided, however, that the County may choose to make payments to Albertville consistent with the terms of paragraph 6.h. below in which case said payments shall be due at the time specified in paragraph 6.h. below. If payment is not 3 received by Albertville within 30 days, the invoice amounts shall accrue interest at a rate of .5% per month. The PMT shall consult and agree on all issues involving retainage or partial payment of requested progress payments. All reports and correspondence related to contractor payments or disputes shall be copied to the PMT. e. Change Orders. Albertville shall coordinate with the PMT regarding major change orders and shall inform and copy the PMT regarding all change orders. Members of the PMT shall be able to submit comments to Albertville's PMT representative regarding any change order. Albertville shall have unilateral discretion to approve up to two (2) change orders which have an aggregate sum of not more than 5% of the total construction contract. In the event of a change order that exceeds 5% of the total construction cost or more than two such change orders, both Cities and the County must approve the change order(s). In the event of any disagreement between the Cities and/or County relative to a proposed change order or change orders, the PMT shall meet as soon as practicable and make all good faith efforts to resolve the dispute in a timely manner so as to not delay or adversely affect the project. If the parties are still unable to agree on the change order, the County Board shall be empowered to decide whether to approve the change order for the parties and upon doing so, shall direct Albertville to approve the change order, disapprove the change order, or modify the change order. In such case, Albertville shall act upon the change order as directed by the County. f. Construction Schedule. Construction of the CSAH 19 Project shall occur at such time as Albertville and Wright County agree upon commencement of the project, provided the project shall not commence prior to January 1, 2010. g. Project Funding. Otsego and Albertville shall each be responsible for the project costs as prorated portion of the total cost of the project to the respective city, less the financial contribution from the County pursuant to the County's funding policy, which the County agrees to contribute pursuant to such policy. Said proration of construction cost between Albertville and Otsego shall be based upon the proportionate quantities of materials and labor used in each City. Said proration of all other project costs shall be based upon the proportion of construction cost allocated to each City under this Agreement. The cost of the project includes all project related costs, including topographic surveys, engineering plans and specifications and construction management and construction observation, any project related legal costs, and construction costs. In the event that the project is discontinued for any reason, each City shall be responsible for the project costs incurred up to the date of discontinuance as prorated to their respective share less the County's proportionate share which is paid pursuant to the County's funding policy. 4 h. County Option to Finance. In the event the Cities decide to construct the project in advance of when the County has this section of CSAH 19 scheduled for construction, the City of Albertville and Otsego agree to pay 100% of the County's respective share within their respective city boundaries, and hold those cost without interest until the year the County has the project scheduled, but no later than December 31, 2012, To select ( Deleted: 09 this option, the County Board must upon approving the award of the bid in paragraph 6.c. above, declare the County's intent to have the Cities provide interim financing for the County. If the County selects this deferred financing option, the County then agrees to pay Albertville and Otsego the County's share of such costs required by this Agreement within 30 days of the date when the State of Minnesota normally sends the County's Municipal State Aid in 2013, ( Deleted: 0 i. Future Modifications to CSAH 19. Nothing in this Agreement shall prohibit either City from modifying that portion of CSAH 19 in the future which is wholly within the respective City, providing that Wright County approves such modification. 7. 70 Street between CSAH 19 and Maclver Avenue. a. Scope of Project. The proposed project is located on that segment of 70 Street between CSAH 19 and Maclver Avenue. The project involves the improvement of 70 Street to a 28 -foot wide bituminous surface and a typical section designed for a 7 -ton roadway, or as determined by the Cities. b. 70 Street Plans and Specifications. Otsego shall be the lead Government Unit for the project, and it shall, through its City Engineer complete the Plans and Specifications to be used for purposes of bidding the improvement project. Such plans and specifications shall be based upon the concept and access points shown on the attached Exhibit C. The Otsego City Engineer shall provide copies of the completed Plans and Specifications for review to Albertville's City Engineer at least fourteen (14) days prior to presentation to both City Councils for approval for purposes of review and comment. Both Cities shall approve the Plans and Specifications and authorize the bidding for the project prior to the time such advertisement is published. c. Awarding of Bid. Upon receipt of bids, the Otsego City Engineer shall provide the bids and related calculations to the Albertville City Engineer for review prior to award of bid. In the event that issues are raised by either City relative to responsiveness of a bid or responsibility of a bidder they shall be resolved by mutual agreement prior to awarding of a bid. 5 Upon passage of a resolution by Albertville authorizing Otsego to award the bid to the lowest responsible bidder, Otsego shall pass a resolution awarding the bid to the lowest responsible bidder and Otsego shall enter into a contract with such lowest responsible bidder. The contract shall provide that Albertville shall be indemnified and held harmless from any claim or cause of action related to the project. Both cities shall provide contractors with access to necessary portions of their respective right of way. d. Project Management and Oversight. Otsego and its City Engineer shall be responsible for management and oversight of the project and shall coordinate with Albertville staff and the Albertville City Engineer to complete the project. Otsego shall approve and make progress payments to the contractor and consulting engineer after consultation with Albertville and its City Engineer. Upon such progress payments to the contractor, Otsego shall invoice Albertville for reimbursement of Albertville's portion of the payments. Albertville shall remit its reimbursement to Otsego within 30 days of Otsego's invoice. If payment is not received by Otsego within 30 days, invoice amounts shall accrue interest at a rate of .5% per month. The two Cities shall consult and agree on all issues involving retainage or partial payment of requested progress payments. All reports and correspondence related to contractor payments or disputes shall be copied to Albertville and its City Engineer. e. Change Orders. Otsego shall coordinate with Albertville regarding major change orders and shall inform and copy Albertville and its City Engineer regarding all change orders. Albertville shall be able to submit comments to Otsego regarding any change order. Otsego shall have unilateral discretion to approve up to two (2) change orders which have an aggregate sum of not more than 5% of the total construction contract. In the event of a change order that exceeds 5% of the total construction cost or more than two such change orders, both Cities must approve the change order(s). In the event of any disagreement between the Cities relative to a proposed change order or change orders, the Cities shall meet as soon as practicable and make all good faith efforts to resolve the dispute in a timely manner so as to not delay or adversely affect the project. f. Construction Schedule. Construction of the 70 Street project is scheduled to commence during 2007. g. Project Funding. Albertville and Otsego shall each be responsible for 50% of the total cost of the project. The cost of the project includes all project related engineering costs, including construction observation and plans and specifications, any project related legal costs, and construction costs. In the event that the project is discontinued for any reason, each City shall be responsible for 50% of project costs incurred up to the date 6 of discontinuance. Each City shall also be responsible for 50% of any costs that are incurred as a result of the discontinuance. 8. Maclver Avenue/future 63 Street (east west alignment) west of new Maclver Avenue. a. Scope of Project. The proposed project is located on that segment of 63 Street south of Albertville sewage treatment plant to the newly constructed and realigned Maclver Avenue. The project involves subgrading and installing asphalt surfacing to be centered on the existing right of way. b. Construction schedule or timing of the project. The project is not immediately contemplated to take place, and will be triggered or scheduled for construction when either Albertville or Otsego have development abutting the project and formally request the project. c. 63 Street Plans and Specifications. Albertville shall be the lead Government Unit for the project, and it shall, through its City Engineer or another Engineer acceptable to both Cities, complete the Plans and Specifications to be used for purposes of bidding the improvement project. Such plans and specifications shall be based upon the concept and access points shown on the attached Exhibit D. The Albertville City Engineer shall provide copies of the completed Plans and Specifications at least fourteen (14) days prior to presentation to both City Councils for approval for purposes of review and comment. Both Cities shall approve the Plans and Specifications and authorize the bidding for the project prior to the time such advertisement is published. d. Sewer and Water Installation. Albertville may desire to install sanitary sewer and municipal water in the road right of way prior to construction of said road project. In such event, Albertville shall install such utilities in the Albertville portion of road right of way and shall restore the right of way to subgrade level with suitable materials for road subgrade. 100% of all such utility costs shall be borne by Albertville. e. Awarding of Bid. Upon receipt of bids, the Albertville City Engineer shall provide the bids and related calculations to the Otsego City Engineer for review prior to award of bid. In the event that issues are raised by either City relative to responsiveness of a bid or responsibility of a bidder they shall be resolved by mutual agreement prior to awarding of a bid. Upon passage of a resolution by Otsego authorizing Albertville to award the bid to the lowest responsible bidder, Albertville shall pass a resolution awarding the bid to the lowest responsible bidder and Albertville shall enter into a contract with such lowest responsible bidder. The contract shall provide that Otsego shall be indemnified and held harmless from any 7 claim or cause of action related to the project. Both cities shall provide contractors with access to necessary portions of their respective right of way. f. Project Management and Oversight. Albertville and its City Engineer shall be responsible for management and oversight of the project and shall coordinate with Otsego staff and the Otsego City Engineer to complete the project. Albertville shall approve and make progress payments to the contractor and consulting engineer after consultation with Otsego and its City Engineer. Upon such progress payments to the contractor, Albertville shall invoice Otsego for reimbursement of Otsego's portion of the payments. Otsego shall remit its reimbursement to Albertville within 30 days of Albertville's invoice. If payment is not received by Albertville within 30 days, invoice amounts shall accrue interest at a rate of .5% per month. The two Cities shall consult and agree on all issues involving retainage or partial payment of requested progress payments. All reports and correspondence related to contractor payments or disputes shall be copied to Otsego and its City Engineer. g. Change Orders. Albertville shall coordinate with Otsego regarding major change orders and shall inform and copy Otsego and its City Engineer regarding all change orders. Otsego shall be able to submit comments to Albertville regarding any change order. Albertville shall have unilateral discretion to approve up to two (2) change orders which have an aggregate sum of not more than 5% of the total construction contract. In the event of a change order that exceeds 5% of the total construction cost or more than two such change orders, both Cities must approve the change order(s). In the event of any disagreement between the Cities relative to a proposed change order or change orders, the Cities shall meet as soon as practicable and make all good faith efforts to resolve the dispute in a timely manner so as to not delay or adversely affect the project. h. Project Funding. Albertville and Otsego shall each be responsible for 50% of the total cost of the road portion of the project abutting the two Cities. The cost of the project includes all project related engineering costs, including construction observation and plans and specifications, any project related legal costs, and construction costs. In the event that the project is discontinued for any reason, each City shall be responsible for 50% of project costs incurred up to the date of discontinuance. Each City shall also be responsible for 50% of any costs that are incurred as a result of the discontinuance., ( Formatted: Font: Not Bold i. Right of Way. The existing east/west gravel street is located 100% in • ( Formatted: Bullets and Numbering Albertville. Otsego shall pay Albertville for the total road right of way area that would have been located in Otsego along the common border had 8 the right of way been realigned. The per square foot value of said right of way shall be agreed upon by Albertville and Otsego, and if the Cities cannot agree on a value, the Cities shall agree upon an appraiser who shall appraise the value of the land, and that value shall then be binding upon the Cities. If the parties cannot agree upon an appraiser, the Cities shall each submit a list of three appraisers to the Wright County Board and the Wright County Board may choose the appraiser for the Cities. The Cities shall equally share the cost of the appraiser Deleted: <# >Right of Way. The 9. Storm Sewer. In any project where storm sewer is determined to be needed to existing a lbertv gravel n either is located Y P � 100 /o to Albertville. Upon either City adequately drain water from the road, such storm sewer costs shall be included in formally requesting construction of the cost. In the event storm water ponding is required for project, the rode livry project, Otsego shall, within 3o days the project P g q P J of delivery of such notification, choose engineers for the Cities shall consult with each other and determine the best one of the two following right of way locations for such storm sewer ponding. The City Councils shall then attempt to op"Ons. agree upon the location of such storm water pond. In the event the two Cities cannot agree upon the location of such storm water pond, they shall submit the choices to the County Board and the County Board may choose the location for the Cities. Once the location is chosen, the City in which such pond is located shall acquire the necessary ponding easement in the name of both Cities (and the County for CSAH projects). All such acquisition costs shall be included in the project costs. 10. Street Maintenance. The Cities shall continue to negotiate an agreement regarding maintenance of all streets included in this Agreement which are not County State Aid Highways. 11. Obstruction of Road. Neither City shall obstruct any street included in this Agreement except as necessary during normal maintenance operations. Neither City shall substantially alter the location of any street or the access points as shown on the attached Exhibits without the written consent of the other City. 12. Disagreements and Contested Issues. In the event of a disagreement or contested issue arising from this Agreement or construction of a project subject to this Agreement, the Cities agree that every effort will be made to resolve such issues between themselves prior to initiating the involvement of any third- parties. If the matter cannot be resolved between the parties both Cities agree to proceed to mediation in order to resolve the dispute with all mediation related costs split evenly between the parties. In the event that the dispute cannot be resolved through mediation, the two parties will agree upon a third party who will hear all issues involved in the dispute and shall render a decision. Both parties will be bound by this decision and shall equally divide the costs related to the rendering of the decision. Any appeal from such a decision shall be governed by the provisions of Minn. Stat. Chapter 572. 13. Miscellaneous. 9 a. Any action or inaction of any party to this Agreement 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 both Albertville and Otsego's City Council for any non -CSAH road and by the City Councils for Albertville and Otsego and the Wright County Board for any CSAH road. Any parties' failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. b. 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. c. Third parties shall have no recourse against either City or the County under this Agreement. d. The lead City on any project under this Agreement shall require that any and all contractors working on the project shall have adequate public liability insurance in an amount acceptable to both Cities (and the County on CSAH projects) and with both Cities (and the County on CSAH projects) being named as an additional insured. e. This Agreement shall not be considered as any representation to others, or agreement between the parties that would allow for the stacking of any applicable insurance coverages in relation to any claim or cause of action. f. This written Agreement is the final agreement between the parties and any previous agreements either oral or in writing regarding the construction of the street areas covered by this agreement are merged into this Agreement, except that that agreement between Wright County and Albertville dated [prior CSAH 19 improvement agreements for areas solely in Albertville or involving Albertville /St. Michael portions of CSAH 19] shall remain unchanged by the terms of this Agreement. g. This Agreement may only be amended or modified by written addendum to this Agreement signed by both parties. h. Except as may be specifically set out in this Agreement, each City is responsible for acquiring necessary right of way in its jurisdiction as required for each project. All such right of way cost shall be borne by the City in which the right of way is located. 14. Applicable Law. This Agreement shall be construed under the laws of the State of Minnesota. 10 ADOPTED this day of , 2007 by the Otsego City Council. IN FAVOR: OPPOSED: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk Adopted this day of , 2007 by the Albertville City Council. IN FAVOR: OPPOSED: CITY OF ALBERTVILLE Ron Klecker, Mayor Bridget Miller, City Clerk 11 EXHIBIT A 4110 Maclver Avenue EXHIBIT B CSAH 19 EXHIBIT C 70 Street EXHIBIT D 63 Street 12 ITEM 10_5 COURT, MACARTHUR & RUPPE, P.L.L.P. Michael C Could- Anorneys at Law ,fristen H. Carr Andrew J. MacArthur 705 Central Avenue East _kyle R. Hartnett Robert T. Ruppe•• PO Box 369 St Michael, MN 55376-0369 *Also licensed in ruimis (763) 497 -1930 "Also licensed inCalifornia (763) 497 -2599 (FAX) courbnacarthur@eartldinknet July 3, 2007 Equity One Inc. 910 Berlin RD Store No. 5B Voorhees, NJ 08043 RE: PROPERTY AT 14266 78 STREET NE, OTSEGO, MN 55330 To Whom It May Concern: This firm represents the City of Otsego, Minnesota. Wright County tax records indicate that Equity One Inc. is the owner of the property located at 14266 78 Street NE, Otsego, MN 55330. The property has recently burned down and the neighbors are concerned that the structure, in its current state, is a danger to residents. The Otsego City Council will consider passing the enclosed resolution at its July 9, 2007 meeting. The resolution orders the owner of the property to put up a fence to keep trespassers out. If no action is taken within six days of being served with the passed order, the City will be authorized to enter your property and secure it at your expense. For the safety of its residents, the City wants to resolve this matter as soon as possible. Please let me know when you plan to secure your property. If you have any questions feel free to contact me. Sincerely, Kyle Hartnett Court, MacArthur & Ruppe, PLLP Enclosure Cc: City of Otsego CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDER TO SECURE VACANT BUILDING WHEREAS, it has been brought to the attention of the City Council that the property located at 14266 78 Street Northeast, Otsego, MN 55330 (PID No. 118- 037- 003130) has been destroyed by fire; and WHEREAS, the condition of the building is deteriorating and there has been no apparent maintenance of the residence; and WHEREAS, the neighbors have observed trespassers at the building site and have expressed concerns about easy access to the structure, particularly by children; and WHEREAS, Minn. Stat. 463.251 authorizes the City to order securing of vacant buildings. NOW THEREFORE IT IS HEREBY ORDERED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA as follows: 1. The Otsego City Council deems the property at 14266 78 Street Northeast, Otsego, MN 55330, to be hazardous in its current condition. 2. That the owner of the property located at 14266 78 Street Northeast, Otsego, MN 55330 is hereby ordered to secure said premises by, providing adequate lighting and fencing the property to such an extent as to secure the building to the satisfaction of the City Building Inspector and by placing no trespassing signs on the property. 3. That the owner has six days after service of this order to either fully comply with this order or to provide the Otsego City Council with a reasonable plan and schedule to comply with the order. 4. That if the owner does not either comply with the order or provide a reasonable plan within said six days the City will cause the building to be secured and the cost of securing the building will be charged against the real estate. DATED: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk Pace 1 of 1 ITEM 10_7 Mike Robertson From: "Andy MacArthur" <amacarthur @earthlinknet> To: <Joe©mnnativelandscapes.com>; "Judy Hudson (E- mail)" <judy @ci.otsego.mn.us >; <Mike @ci.otsego.mn.us >; "Dan Licht <dlicht©nacplanning.com>; "Ron Wagner <ronw @hakanson - anderson.com> Sent: Tuesday, July 03, 2007 2:20 PM Attach: Native Landscape- Annexation Petition.doc Subject: Native Landscapes Annexation Petition Joe, As we discussed over the telephone please find attached a Petition for Annexation. I have made most of the changes on the form. You will have to fill in appropriate blanks, have all property owners sign and present it to the Otsego City staff by Thursday of this week in order to have it considered on the July 9 meeting. All owners must sign the petition including a contract for deed or purchase agreement interest The waiver of notice on the form is just a waiver of an obscure provision related to change in electric utility service rates due to annexation. If you have any questions please feel free to give me a call. Andy MacArthur 7/3/2007 IN THE MATTER OF THE PETITION OF CERTAIN PERSONS FOR ANNEXATION PURSUANT TO MINNESOTA STATUTES 414.033, SUBD. 2, 3 TO: Council of the City of Otsego, Minnesota AND Office of Administrative Hearings Municipal Boundary Adjustments 300 Centennial Office Building 658 Cedar Street St. Paul, MN 55155 (651) 284 -3383 PETITIONER(S) STATE: The property owners are all of property owners in number as are required to commence a proceeding under M.S. 414.033, Subd. 2, 3. It is hereby requested by: the sole property owner; or x all of the property owners; or a majority of the property owners of the area proposed for annexation to annex certain property described herein lying in the Town of Monticello to the City of Otsego, County of Wright, Minnesota. The area proposed for annexation is described as follows: INSERT THE COMPLETE AND ACCURATE PROPERTY DESCRIPTION. DO NOT USE DESCRIPTIONS FROM PROPERTY TAX STATEMENTS. 1. There are property owners in the area proposed for annexation. (If a property owner owns more than one parcel in the area proposed for annexation, he /she is only counted once as an owner - the number of parcels owned by a petitioner is not counted.) 2. property owners have signed this petition. (If the land is owned by both husband and wife, both must sign the petition to represent all owners.) 3. Said property is unincorporated, abuts on the city's N S E W (circle one) boundary(ies), and is not included within any other municipality. 4. The area of land proposed for annexation, in acres, is: Unplatted Platted Total 5. The reason for the requested annexation is 6. The area proposed for annexation will be zoned 7. The petitioners have: complied with M.S. 414.033, Subd. 13; or x waived any notice concerning M.S. 414.033, Subd. 13 8. All of the area proposed for annexation is or is about to become urban or suburban in character. 9. The area to be annexed is not included in any other boundary adjustment proceeding pending before the Office of Administrative Hearings - Municipal Boundary Adjustments. 10. The area proposed for annexation is not included in any area that has already been designated for orderly annexation pursuant to M.S. 414.0325. PETITIONERS REQUEST: That pursuant to M.S. 414.033, the property described herein be annexed to and included within the City of Otsego, Minnesota. Dated: Signatures: NOTE: Pursuant to Minnesota Statutes 414 and Minnesota Rules 6000.0800, the petition to the Office of Administrative Hearings must be accompanied by a certification showing that a copy of the petition was filed within 10 days after service on the annexing city with the Town of Monticello on _ date _ , the County of Wright on date COURI, MACARTHUR & RUPPE, P.L.L.P. Michael C Couri• Attorneys at Law Kristen H. Carr Andrew J. MacArthur 705 Central Avenue East Kyle R. Hartnett Robert T. Ruppe•• PO Box 369 St. Michael, MN 55376-0369 =Also licensed in Illinois (763) 497-1930 "Also licensed in Coloomaa (763) 497 -2599 (FAX) courimacarthur@earthlink net July 5, 2007 City Council Members City of Otsego c/o Judy Hudson, City Clerk 8899 Nashua Avenue NE Otsego, MN 55330 RE: Annexation Petition- Minnesota Native Landscapes Property in Monticello, Township Dear Council Members: In light of a recent proposed development within Monticello Township which would directly affect Otsego City roads, the property owner has contacted Otsego City staff regarding possible annexation into the City of Otsego. I was contacted by the property owner and reviewed the procedures for annexation and provided them with a draft of a petition for annexation. The property owner indicated that the property proposed for annexation was less than 60 acres and abutted the City of Otsego. If the property meets those requirements, it can be annexed by the City by passing an Ordinance after a public hearing with thirty day's notice. The notice goes to Monticello Township as well as surrounding properties. The public hearing is held at the City Hall, usually at a regular City Council meeting. Under the rules of Municipal Boundary Adjustments the petition must be forwarded to the Township within 10 days of receipt by the City. It is normally a good idea to have discussions with the Township prior to a public hearing on the annexation. It is my understanding that the property owners will provide the City with a signed petition prior to the City Council meeting on Monday. I will be available at that meeting to further discuss the matter. Letter to Otsego City Council July 5, 2007 Page 2 Very truly yours, Andrew J. MacArthur COURI, MACARTHUR & RUPPE, PLLP Encl. cc: Dan Licht, City Planner Ron Wagner, City Engineer Joe Schaeffer, Minnesota Native Landscapes ITEM 12_1 liallio Owner: City of Otsego, 8899 Nashua Ave NE, Otsego, MN, 55330 -7314 Date June 26, 2007 Contractor. Gridor Construction Inc, 3990 27th St SE, Buffalo, MN, 55313 gone5t! 4o Bond Company: Liberty Mutual Insurance Company, ,Interchange Corporate Center„ 450 Plyi Bond No: 190 -013 -E CHANGE ORDER NO. 10 OTSEGO EAST WASTEWATER TREATMENT FACILITY BONESTROO FILE NO. 000503 -04108 -0 Description of Work Item No 1 - Provides for purchase and installation of (3) three additional trees at locations staked by the Owner. Item No 2- Provides for replacement of the Ultraviolet( Disinfection Equipment 34 KVA transformer, damaged by flood i n. July 2006. Contract . Unit Total No item Unit Quantity Price Amount CHANGE ORDER NO. 10 ._ 1 PLANT (3) ADDITIONAL TREES LS 1 $700.00 $700.00 2 REPLACE U.V. DISINFECTION TRANSFORMER. LS 1 . $700.00 $700.00 TOTAL CHANGE ORDER NO. 10 $1400.00 5o304108C010