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08-13-07 ITEM 5.1 CLAIMS LIST CITY COUNCIL MEETING AUGUST 13, 2007 TO: Judy Hudson Attached is the Claims List for the City Council. For more details, please refer to the Check Detail Registers. Claims Register 07 -25 -2007 $ 37,320.34 07 -31 -2007 $ 39,245.99 08 -06 -2007 $ 152,028.88 08 -08 -2007 $ 209,286.48* *Amount includes Minks Custom Homes voided check # 44567 in the amt of$1,000.00. • PAYROLL 08 -01 -2007 $ 38,594.93 GRAND TOTAL $ 476,476.62 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 08/08/07 10:09 AM Page 1 *Check Summary Register© AUGUST 2007 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid AG ENTERPRISES $5,200.00 LAND LOCATE /SLUDGE HAULING UnPaid AIRGAS, INC. $29.38 ACETYLENE /OXYGEN /HAZMAT UnPaid AUTOMATIC SYSTEMS CO $2,841.53 ELECTRICAL ISSUES - WEST FACILITY UnPaid BARTON SAND & GRAVEL CO $639.30 LANDSCAPE ROCK - PW BLDG UnPaid BEAUDRY OIL & SERVICES INC. $13,313.31 GAS & OIL UnPaid BLUE CROSS BLUE SHIELD OF $6,361.00 SEPT MEDICAL UnPaid COBORNS INC $150.12 DRY CLEANING UnPaid CP TELECOM $600.44 TELEPHONE UnPaid DISTINCTIVE DESIGN IRRIGATIO $6,926.66 BAL OF PW IRRIGATION INSTALL UnPaid DJ'S TOTAL HOME CENTER $207.76 DRAIN, PVC, FASTENERS UnPaid ECM PUBLISHERS INC $757.36 AD FOR BIDS - WELL #3 UnPaid EULLS MANUFACTURING CO IN $186.38 CONCRETE - PR PK FOUNTAIN UnPaid FINKEN'S WATER CARE $48.17 8899 NASHUA UnPaid GRAINGER $94.04 CORK BULLETIN BOARDS UnPaid GROVE NURSERY $6,923.14 LANDSCAPE MAT'LS FOR PW UnPaid HYDRO METERING TECHNOLOG $22,981.64 WATER METERS UnPaid ICC, INC $100.00 MEMBER DUES - TIM ROCHEL UnPaid KAEDING & ASSOCIATES INC $7,653.80 ELEC /STRUCTURAL ENG - BOOSTER STATI UnPaid LONG & SONS $1,263.30 PW - JULY CLEANING UnPaid MARIE HELENA CORBIN $13,968.66 QUEENS RD/TEMP CONST EASEMENT UnPaid MENARDS $512.44 FENCING MAT'L FOR 78TH ST FIRE SITE UnPaid MERGES ANDREW $5,416.66 JULY 2007 ASSESSING WORK UnPaid MINKS CUSTOM HOMES $1,000.00 11214 71ST - LNDSCP ESC REF UnPaid NAPA OF ELK RIVER INC $66.92 FITTINGS/TUBING - PR PK FOUNTAIN UnPaid NORTHERN TOOL & EQUIPMEN $85.27 TIE DOWNS, STRAPS, SLINGS UnPaid NORTHWEST ASSOC CONSULT $7,950.21 DUERR CREEK UnPaid NOVA COMMUNICATIONS $24.20 CORD FOR PSTG MACHINE UnPaid OASIS DEVELOPMENT, INC. $1,000.00 6765 MASON - LNDSCP ESC REF UnPaid OFFICEMAX $224.81 OFFICE SUPPLIES UnPaid PEOPLE SERVICE INC. $44,510.00 MONTHLY SERVICE - AUG & RETRO UnPaid PITNEY BOWES SUPPLIES $84.11 PSTG METER INK CARTRIDGE UnPaid SCHLUENDER CONSTRUCTION $300.00 SEPTIC PUMPING UnPaid SIGNCAD SYSTEMS, INC. $8,000.00 SIGN CUTTER UnPaid TROPHIES PLUS $9.20 NAME BADGES UnPaid WRIGHT COUNTY AUDITOR -TRE $50,856.67 AUGUST SHERIFF PATROL Total Checks $210,286.48 FILTER: None CITY OF OTSEGO 08/08/07 10:09 AM Page 1 *Check Detail Register© AUGUST 2007 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid AG ENTERPRISES , �,.,,, m� .m.......�.��.��,�.,....�.. -.. ��._..�....,..�...,.� .. �...,a w.��...__�._._._A E 60249450 -390 Contracted Services $5,200.00 05-03 LAND LOCATE /SLUDGE HAULING Total AG ENTERPRISES $5,200.00 Unpaid AIRGAS, INC. E 101 -43100 -210 Operating Supplies (GENERAL) $29.38 105848415 ACETYLENE/OXYGEN /HAZMAT Total A1RGAS, INC. $29.38 AUTOMATIC E 602 - 49450 -400 Repairs & Maint Cont $2,344.03 19331 LS#2 MAINTENANCE E 432 -43256 -500 Capital Outlay (GENERAL) $497.50 19340 ELECTRICAL ISSUES - WEST FACIL Total AUTOMATIC SYSTEMS CO $2,841.53 Unpaid BARTON SAND & GRAVEL CO E 441 -43100 -530 Improvements Other Than Bldgs $639.30 LANDSCAPE ROCK - PW BLDG Total BARTON SAND & GRAVEL CO $639.30 Unpaid BEAUDRY OIL & SERVICES INC. E 101 -43100 -202 Gas & Oil $2,995.00 727902 GAS & OIL E 101 -43100 -202 Gas & Oil $5,699.78 728285 GAS & OIL E 601 -49400 -202 Gas & Oil $2,309.27 728285 GAS & OIL E 602 -49450 -202 Gas & Oil $2,309.26 728285 GAS & OIL Total BEAUDRY OIL & SERVICES INC. $13,313.31 Unpaid BLUE CROSS BLUE SHIELD OF MN E 101 -41600 -123 Health $588.00 SEPT MEDICAL E 101 - 43100 -123 Health $1,377.00 SEPT MEDICAL E 101 - 41400 -123 Health $2,225.00 SEPT MEDICAL E 250 -42410 -123 Health $2,171.00 SEPT MEDICAL Total BLUE CROSS BLUE SHIELD OF MN $6,361.00 Unpaid COBORNS INC E 101 -41400 -310 Miscellaneous $21.54 DRY CLEAN TABLECLOTHS E 250 -42410 -310 Miscellaneous $128.58 DRY CLEANING Total COBORNS INC $150.12 Unpaid CP TELECOM E 250 -42410 -320 Telephone $300.22 TELEPHONE E 101 -43100 -320 Telephone $150.11 TELEPHONE E 101 -41400 -320 Telephone $150.11 TELEPHONE Total CP TELECOM $600.44 Unpaid DISTINCTIVE DESIGN iRRIGAtION E 441 -43100 -530 Improvements Other Than Bldgs $6,843.55 780 BAL OF PW IRRIGATION INSTALL E 441 -43100 -530 Improvements Other Than Bldgs $83.11 906 PW IRRIGATION REPAIR Total DISTINCTIVE DESIGN IRRIGATION $6,926.66 Unpaid DJ'S TOTAL HOME CENTER E 101 -43100 -203 Supplies - General $47.90 23807 COOLER/DISPOSABLE CUPS E 101 - 45200 -210 Operating Supplies (GENERAL) $59.97 24014 DRAIN, PVC, FASTENERS E 101- 45200 -210 Operating Supplies (GENERAL) $7.66 24165 PVC PIPE E 101-45200-210 Operating Supplies (GENERAL) $75.03 24176 COUPLERS, BUSHINGS, BALL VALVE E 101 - 45200 -210 Operating Supplies (GENERAL) $2.64 24190 WASHER, COUPLER E 101 -43100 -210 Operating Supplies (GENERAL) $14.56 24194 FLASHLIGHT, FASTENERS Total DJ'S TOTAL HOME CENTER $207.76 a MR Unpaid ECM PUBLISHERS INC CITY OF OTSEGO 08/08/07 10:09 AM Page 2 *Check Detail Register© AUGUST 2007 Check Amt Invoice Comment E 444 -49400 -351 Legal Notices Publishing $356.40 249888 AD FOR BIDS - BOOSTER STATION E 444 -49400 -351 Legal Notices Publishing $222.75 249889 AD FOR BIDS - WELL #3 E 101 -41400 -350 Print/Binding (GENERAL) $81.68 249890 LEGAL - ORDINANCE E 101 -41400 -350 Print/Binding (GENERAL) $96.53 249891 LEGAL - ORDINANCE Total ECM PUBLISHERS INC $757.36 Unpaid EULLS MANUFACTURING CO INC E 203 - 45210 -530 Improvements Other Than Bldgs $186.38 74671 CONCRETE - PR PK FOUNTAIN Total EULLS MANUFACTURING CO INC $186.38 Unpaid ��F INKEN'S WAT CARE E 101 -41940 -390 Contracted Services $48.17 8899 NASHUA Total FINKEN'S WATER CARE $48.17 Unpaid GRAINGER E 101 -43100 -210 Operating Supplies (GENERAL) $94.04 9419794293 CORK BULLETIN BOARDS Total GRAINGER $94.04 Unpaid GROVE NURSERY E 441 -43100 -530 Improvements Other Than Bldgs $1,759.81 19183500 LANDSCAPE MATLS FOR PW E 441 -43100 -530 Improvements Other Than Bldgs $2,202.90 19183501 LANDSCAPE MAILS FOR PW E 441 -43100 -530 Improvements Other Than Bldgs $1,759.38 19183502 LANDSCAPE MAILS FOR PW E 441 -43100 -530 Improvements Other Than Bldgs $1,201.05 19183503 LANDSCAPE MATLS FOR PW Total GROVE NURSERY $6,923.14 Unpaid HYDRO METERING TECHNOLOGY INC E 601 -49400 -203 Supplies - General $22,981.64 36990 -IN WATER METERS Total HYDRO METERING TECHNOLOGY INC $22,981.64 Unpaid ICC, INC E 250 -42410 -355 Dues & Memberships $100.00 07- 5213962 MEMBER DUES - TIM ROCHEL Total ICC, INC $100.00 Unpaid KAEDING & ASSOCIATES INC E 444 -49400 -302 Engineering Fees $7,000.00 70849C ELEC /STRUCTURAL ENG - BOOSTER E 441 -43100 -302 Engineering Fees $653.80 70872C ELEC ENG FOR PW GENERATOR Total KAEDING & ASSOCIATES INC $7,653.80 Unpaid LONG & SONS E 101 -41940 -203 Supplies - General $120.35 07 -247 CITY HALL - TOWELS, TP E 101 -43100 -389 Cleaning Services $164.01 07 -247 PW - JULY CLEANING E 101 -43100 -203 Supplies - General $233.44 07 -247 PW - TOWELS, TP, LINERS E 101 -41940 -389 Cleaning Services $745.50 07 -247 CITY HALL - JULY CLEANING Total LONG & SONS $1,263.30 Unpaid MARIE HELENA CORBIN E 485 -43100 -310 Miscellaneous $13,968.66 QUEENS RD/TEMP CONST EASEMENT Total MARIE HELENA CORBIN $13,968.66 Unpaid MENARDS G 101 -12300 Special Assess Rec- Deferred $512.44 84557 FENCING MATL FOR 78TH ST FIRE Total MENARDS $512.44 Unpaid MERGES ANDREW E 101 -41550 -390 Contracted Services $5,416.66 JULY 2007 ASSESSING WORK Total MERGES ANDREW $5,416.66 Unpaid MINKS CUSTOM HOMES E 702 -41400 -310 Miscellaneous $1,000.00 11214 71ST - LNDSCP ESC REF CITY OF OTSEGO 08/08/07 10:09 AM Page 3 *Check Detail Register© AUGUST 2007 Check Amt Invoice Comment Total MINKS CUSTOM HOMES $1,000.00 Unpaid NAPA OF ELK RIVER INC E 101 -43100 -240 Small Tools /Equipment $15.52 299880 IMPACT E 203 -45210 -530 Improvements Other Than Bldgs $51.40 304704 FITTINGS/TUBING - PR PK FOUNTA Total NAPA OF ELK RIVER INC $66.92 Unpaid NORTHERN TOOL & EQUIPMENT CO E 101 -43100 -240 Small Tools /Equipment $85.27 193232545 TIE DOWNS, STRAPS, SLINGS Total NORTHERN TOOL & EQUIPMENT CO $85.27 Unpaid NORTHWEST ASSOC CONSULTANTS G 701 -21866 WITSCHEN 2ND DRIVEWAY $105.94 16770 WITSCHEN 2ND DRIVEWAY G 701 -22465 GREAT RIVER CTR $31.50 16770 GRT RIVER CENTRE G 701 -21856 WATERFRONT EAST 3RD $126.00 16770 WFE 3RD G 701 -22493 RIVERBEND NORTH - DARKENWAL $157.50 16770 RIVERBEND NORTH G 701 -22422 ROTTLUND HOMES $168.00 16770 ROTTLUND/WILDFLOWER G 701 -21853 T- Mobile antenna CupNariance $186.10 16770 T MOBILE CUP G 701 -22495 ANOKA EQUINE EXPANSION $115.50 16770 ANOKA EQUINE G 701 -22431 PLEASANT CRK 4TH $220.50 16770 PLEASANT CREEK 4 G 701 -22394 DUERR PROP $358.20 16770 DUERR CREEK G 701 -21867 LINDENFELSER CUP $582.45 16770 LINDENFELSER G 701 -21868 MN- NATIVE LNDSCP ANNEXATION $656.21 16770 MN NATIVE LANDSCAPE E 101 -41570 -303 Planning Fees $94.50 16770 CHARTER SCHOOL G 701 -21869 TIMOTHY BENSON ADMIN PERMIT $210.47 16770 BENSON ADMIN PERMIT E 441 -43100 -303 Planning Fees $367.00 16771 PW LANDSCAPE PLAN E 101 -41570 -303 Planning Fees $22.00 16771 ADULT USE REGULATION E 101 -41570 -303 Planning Fees $180.00 16771 WETLAND ORDINANCE UPDATE E 101 -41570 -303 Planning Fees $261.00 16771 SUBD ORD - HALF STREETS E 101 -41570 -303 Planning Fees $807.00 16771 GENERAL E 250 -42410 -303 Planning Fees $1,800.34 16772 CODE ENFORCEMENT E 10141570 -303 Planning Fees $1,500.00 16773 JULY MEETINGS Total NORTHWEST ASSOC CONSULTANTS $7,950.21 Unpaid NOVA COMMUNICATIONS E 101 -41400 -203 Supplies - General $24.20 21026 CORD FOR PSTG MACHINE Total NOVA COMMUNICATIONS $24.20 Unpaid OASIS DEVELOPMENT, INC. E 702 -41400 -310 Miscellaneous $1,000.00 6765 MASON - LNDSCP ESC REF Total OASIS DEVELOPMENT, INC. $1,000.00 Unpaid OFFICEMAX E 250 -42410 -201 Office Supplies $16.15 133607 OFFICE SUPPLIES E 101 -41400 -201 Office Supplies $208.66 133607 OFFICE SUPPLIES Total OFFICEMAX $224.81 Unpaid PEOPLE SERVICE INC. E 60249450 -390 Contracted Services $30,667.39 12106 MONTHLY SERVICE - AUG & RETRO E 601 -49400 -390 Contracted Services $13,842.61 12106 MONTHLY SERVICE - AUG & RETRO Total PEOPLE SERVICE INC. $44,510.00 Unpaid PITNEY BOWES SUPPLIES E 101 -41400 -203 Supplies - General $84.11 5500366737 PSTG METER INK CARTRIDGE Total PITNEY BOWES SUPPLIES $84.11 Unpaid SCHLUENDER CONSTRUCTION E 101 - 43100 -322 Utilities $300.00 14111 SEPTIC PUMPING CITY OF OTSEGO 08/08/07 10:09 AM Page 4 *Check Detail Register© AUGUST 2007 Check Amt Invoice Comment Total SCHLUENDER CONSTRUCTION $300.00 Unpaid SIGNCAD SYSTEMS, INC. E 206 -43100 -570 Office Equip and Fumishings $8,000.00 102186B SIGN CUTTER Total SIGNCAD SYSTEMS, INC. $8,000.00 Unpaid TROPHIES PLUS - E 101 -41600 -310 Miscellaneous $4.60 NAME BADGES E 250 -42410 -310 Miscellaneous $4.60 NAME BADGES Total TROPHIES PLUS $9.20 Unpaid W RIGHT COUNTY AUDITOR- TREASURE E 101 -42100 -390 Contracted Services $50,856.67 PATROL -07 -8 AUGUST SHERIFF PATROL Total WRIGHT COUNTY AUDITOR - TREASURE $50,856.67 10100 BANK OF ELK RIVER $210,286.48 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $75,400.03 203 PARK DEVELOPMENT $237.78 206 CAPITAL EQUIPMENT REVOLVING $8,000.00 250 BUILDING PERMIT FEES $4,520.89 432 East WWTP Phase III $497.50 441 Otsego City Campus $15,509.90 444 SE Utilities Project $7,579.15 485 Street Impr. Fund - 2006 $13,968.66 601 WATER FUND $39,133.52 602 SEWER FUND $40,520.68 701 DEVELOPMENT ESCROWS FUND $2,918.37 702 BUILDERS ESCROW FUND $2,000.00 $210,286.48 CITY OF OTSEGO 08/06/07 9:55 AM Page 1 *Check Summary Register© AUGUST 2007 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid ALLIANCE BENEFIT GROUP $2,785.36 PPE 7/28/07 CH DTD 8/1/07 UnPaid API COMPANIES $2,500.00 7521 LARGE - LNDSCP /DRWY ESC REF Un Paid COURI MACARTHUR LAW OFFIC $17,550.00 FRIENDSHIP ADDITION UnPaid FINISH CARPENTRY SERVICES, $1,000.00 12327 63RD - LNDSCP ESC REF UnPaid HAKANSON ANDERSON ASSOC $120,265.21 RIVERPLACE UnPaid ICMA RETIREMENT TRUST $823.22 PPE 7/28/07 CH DTD 8/1/07 UnPaid KNISLEY CONSTRUCTION INC $1,000.00 9272 KAEDING - LNDSCP ESC REF UnPaid MINKS ENTERPRISES INC $1,000.00 11214 71ST - LNDSCP ESC REF UnPaid PUBLIC EMPLOYEES RETIREME $4,105.09 PPE 7/28/07 CH DTD 8/1/07 UnPaid THERESA KORNWOLF $1,000.00 12865 90TH - LNDSCP ESC REF Total Checks $152,028.88 FILTER: None CITY OF OTSEGO 08/06/07 9:56 AM Page 1 *Check Detail Register© AUGUST 2007 Check Amt Invoice Comment 10100 BANK OF ELK RIVER _ __ _ Unpaid .._ ,,�.- ALLIANCE BENEFIT GROUP ._.-., �..,..,,-, _.,,...� E 101 -41600 -123 Health $320.84 PPE 7/28/07 CH DTD 8/1/07 E 101 -41400 -123 Health $641.68 PPE 7/28/07 CH DTD 8/1/07 E 250 -42410 -123 Health $802.10 PPE 7/28/07 CH DTD 8/1/07 G 101 -21706 Hospitalization /Medical Ins $539.48 PPE 7/28/07 CH DTD 8/1/07 E 101 -43100 -123 Health $481.26 PPE 7/28/07 CH DTD 8/1/07 Total ALLIANCE BENEFIT GROUP $2,785.36 Unpaid ...�. API COMPANIES�m, _ - E 702 -41400 -310 Miscellaneous $2,500.00 7521 LARGE - LNDSCP /DRWY ESC R Total API COMPANIES $2,500.00 ........... Unpaid COURI MACARTHUR LAW OFFICE G 701 -22309 Stonebridge $264.00 STONEBRIDGE LEASE E 101 -41700 -301 Legal Services $240.00 KALEIDOSCOPE E 101 -41700 -301 Legal Services $60.00 ULTRAVIOLET - LESTER PRAIRIE G 701 -22394 DUERR PROP $30.00 DUERR CREEK G 701 -22465 GREAT RIVER CTR $45.00 TERRA - GRT RIVER CENTRE E 602 -49450 -301 Legal Services $752.00 W/S ORDINANCE G 701 -22479 RIVERPLACE 3RD ADDITION $225.00 RIVERPLACE 3 G 701 -22366 MARTIN FARMS $1,720.00 MARTIN FARMS G 701 -22315 RIVERWOOD NATIONAL $300.00 RIVERWOOD NATIONAL G 701 -22462 DUKE REALTY $465.00 DUKE TAX ABATEMENT G 701 -22462 DUKE REALTY $690.00 DUKE VACATION G 701 -21868 MN NATIVE LNDSCP ANNEXATION $1,032.00 ANNEXATION - MN NATIVE LNDSCP G 701 -21855 FRIENDSHIP ADDITION $1,545.00 FRIENDSHIP ADDITION G 701 -22393 REMINGTON COVES $150.00 REMINGTON COVES E 601 -49400 -301 Legal Services $752.00 W/S ORDINANCE E 101 - 41700 -301 Legal Services $420.00 ZACHMAN G 701 -21867 LINDENFELSER CUP $180.00 LINDENFELSER E 101 -41700 -301 Legal Services $600.00 QWEST - DATA PRACTICES E 495 -43100 -301 Legal Services $156.00 BONDING E 485 -43100 -301 Legal Services $276.00 METRO HOME /QUEENS AVE DRAINAGE E 485 -43100 -301 Legal Services $120.00 CORBIN EASEMENT E 480 - 43100 -301 Legal Services $816.00 ALBERTVILLE /OTSEGO - CSAH 37 E 444 -43100 -301 Legal Services $336.00 WINTER E 444 -43100 -301 Legal Services $180.00 FORCEMAIN/WINTER G 101 -12300 Special Assess Rec- Deferred $1,056.00 78TH ST FIRE PROP /EQUITY ONE E 101 -41700 -301 Legal Services $4,104.00 GENERAL E 250 -42410 -301 Legal Services $712.00 ADMIN ENFORCEMENT E 250 -42410 -301 Legal Services $24.00 FRITZ/DIAZ PROPERTY E 101 -41700 -301 Legal Services $240.00 PERSONNEL G 701 -22308 Verizon $60.00 VERIZON Total COURI MACARTHUR LAW OFFICE $17,550.00 Unpaid" FINISH CARPENTRY SERVICES, LLC E 702 - 41400 -310 Miscellaneous $1,000.00 12327 63RD - LNDSCP ESC REF Total FINISH CARPENTRY SERVICES, LLC $1,000.00 Unpaid HAKANSON ANDERSON ASSOC INC E 601 - 49400 -302 Engineering Fees $173.00 21559 SCADA REV & RADIO FREQ LICENSE E 490 -49450 -302 Engineering Fees $387.53 21560 W/S IMPR -194 W IND PK E 490 - 49400 -302 Engineering Fees $387.53 21560 W/S IMPR -194 W IND PK E 444- 43100-302 Engineering Fees $7,094.54 21561 65TH ST DUAL FRCMN E 495 -49450 -302 Engineering Fees $5,712.08 21562 GRENINS MISSISSIPPI HILLS CITY E 203 - 45210 -302 Engineering Fees $485.61 21563 OTSEGO CITY PARKS CITY OF OTSEGO 08/06/07 9:56 AM Page 2 *Check Detail Register© AUGUST 2007 Check Amt Invoice Comment E 10141560 -302 Engineering Fees $1,443.65 21564 STAFF MEETINGS E 441 -43100 -302 Engineering Fees $87.50 21566 PUBLIC WORKS BLDG E 485 -43100 -302 Engineering Fees $942.71 21567 CSAH 42 - 39TH TO 85TH G 701 -22396 ARBOR CREEK 2ND $1,206.78 21568 ARBOR CREEK 2 G 701 -22397 SUNRAY FARMS 2ND $159.18 21569 SUNRAY FARMS 2 G 701 -22409 PLEASANT CRK 3RD $16.16 21570 PLEASANT CREEK 3 G 701 -22415 NORIN'S LANDING $113.09 21571 NORIN'S LANDING G 701 -22413 OTSEGO PRESERVE 11 $2,137.84 21572 OTSEGO PRESERVE 2 G 701 -22432 OTSEGO PRESERVE III $2,104.64 21574 OTSEGO PRESERVE 3 E 10141400 -348 Maps $854.58 21575 GOPHER ONE CALL MAPS E 480 -43100 -302 Engineering Fees $987.78 21576 I94 /ALBERTVILLE TRAFFIC STUDY E 485 -43100 -302 Engineering Fees $763.00 21577 CSAH 42 SIGNALS - 85TH TO 87TH E 101 -41560 -302 Engineering Fees $1,660.70 21578 2007 ROAD MAINT PROJ E 495 -43100 -302 Engineering Fees $1,366.40 21579 QUANTRELLE /88TH ST STUB E 408 -43100 -302 Engineering Fees $9,575.78 21580 OTSEGO CRK IMPR PROJ E 408 -43100 -302 Engineering Fees $3,000.00 21581 OTSEGO CRK NO. CROSSING UPGRA G 701 -22387 ARBOR PLACE PPREZONE $180.13 21582 ARBOR PLACE G 701 -22394 DUERR PROP $1,586.22 21583 DUERR CREEK G 701 -22451 BOULDER CREEK - EMMERICH EA $115.50 21584 BOULDER CREEK G 701 -22422 ROTTLUND HOMES $18,784.98 21585 ROTTLUND - WILDFLOWER G 701 -22431 PLEASANT CRK 4TH $45.38 21586 PLEASANT CREEK 4 G 701 -22445 RIVER PLACE II $697.52 21587 RIVERPLACE 2 G 701 -22426 FIN PLAT ARBOR CRK 3 $839.85 21589 ARBOR CREEK 3 G 701 -22465 GREAT RIVER CTR $45.38 21590 GREAT RIVER CENTRE G 701 -22392 MISSISSIPPI COVE 1 & 2 $5,837.86 21591 DAVIS MISSISSIPPI COVE G 701 -22463 ARBOR CREEK 4TH $22.69 21592 ARBOR CREEK 4 G 701 -22433 ZIMMER FARMS 5 /PHASE 4 $417.32 21593 ZIMMER FARMS 5 G 701 -22467 ZIMMER FARMS 6 $83.12 21594 ZIMMER FARMS 6 G 701 -22479 RIVERPLACE 3RD ADDITION $492.14 21595 RIVERPLACE 3 E 485 -43100 -302 Engineering Fees $16,358.86 21596 QUEENS AVE IMPR E 250 -42410 -311 Ping & Eng. - 101Traffic Study $932.27 21597 TRUNK HWY 101 E 427 -43100 -302 Engineering Fees $988.36 21598 MACIVER AVE - 80TH TO 60TH E 42643100 -302 Engineering Fees $1,508.54 21599 QUADAY - 78TH TO CSAH 37 G 701 -22380 RIVERPLACE 1ST $1,623.88 21600 RIVERPLACE G 701 -22361 SUN RAY FARMS $313.50 21601 SUNRAY FARMS G 701 -22369 DR H ZIMMER PROP $1,119.47 21602 ZIMMER FARMS G 701 -22462 DUKE REALTY $921.94 21603 GATEWAY NORTH - DUKE G 701 -22366 MARTIN FARMS $305.60 21604 MARTIN FARMS G 701 -22377 OTSEGO PRESERVE $137.69 21605 OTSEGO PRESERVE G 701 -22393 REMINGTON COVES $243.70 21606 REMINGTON COVES E 499 -49400 -302 Engineering Fees $216.75 21607 CITY WELL HEAD PROTECTION E 475 -43100 -302 Engineering Fees $592.08 21608 OTSEGO WFE UTILITIES E 444 -49400 -302 Engineering Fees $7,833.84 21609 WATER TOWER #3 E 444 -43100 -302 Engineering Fees $590.16 21610 TRUNK WTMN & FRCMN - 101 FRTG G 701 -21973 Pheasant Ridge 5th $38.50 21611 PHEASANT RIDGE 5 G 701 -22434 Crimson Ponds West $1,871.12 21612 CRIMSON PONDS WEST G 701 -22315 RIVERWOOD NATIONAL $115.00 21613 RIVERWOOD NATIONAL G 701 -22349 ARBOR CREEK $431.07 21614 ARBOR CREEK G 701 -22356 KITTR CROSS PPRZ $195.25 21615 KITTREDGE CROSSING E 250 -42410 -302 Engineering Fees $19.25 21616 VETSCH G 701 -22491 GATEWAY NORTH L1 BLK 1 2ND A $6,375.27 21616 GATEWAY NORTH BLDG 1 G 701 -22499 ARROWHEAD SUPPLY $1,190.50 21616 EDCO G 701 -22439 BRAD PRAUGHT $309.38 21616 LINCO E 601 -49400 -302 Engineering Fees $2,362.50 21617 WATER TREATMENT STUDY E 101 -41560 -302 Engineering Fees $1,263.82 21620 MISC ENGINEERING E 408 -43100 -302 Engineering Fees $102.05 21620 OTSEGO CREEK G 701 -21868 MN NATIVE LNDSCP ANNEXATION $817.18 21620 MN NATIVE LANDSCAPE CITY OF OTSEGO 08/06/07 9:56 AM Page 3 *Check Detail Register© AUGUST 2007 Check Amt Invoice Comment E 602 -49450 -302 Engineering Fees $823.60 21620 MISC W/S ISSUES E 495 -43100 -302 Engineering Fees $32.31 21620 CITY FIN MTG - BONDING E 601 -49400 -302 Engineering Fees $823.60 21620 MISC W/S ISSUES Total HAKANSON ANDERSON ASSOC INC $120,265.21 Unpaid ICMA RETIREMENT TRUST G 101 -21705 Other Retirement $611.00 PPE 7/28/07 CH DTD 8/1/07 E 101 -41400 -121 PERA $212.22 PPE 7/28/07 CH DTD 8/1/07 Total ICMA RETIREMENT TRUST $823.22 Unpaid KNISLEY CONS TRUCTION INC E 702 -41400 -310 Miscellaneous $1,000.00 9272 KAEDING - LNDSCP ESC REF Total KNISLEY CONSTRUCTION INC $1,000.00 Unpaid MINKS ENTERPRISES INC E 702 -41400 -310 Miscellaneous $1,000.00 11214 71ST - LNDSCP ESC REF Total MINKS ENTERPRISES INC $1,000.00 Unpaid PUBLIC EMPLOYEES RETIREMENT FD E 101 -43100 -121 PERA $627.60 PPE 7/28/07 CH DTD 8/1/07 G 101 -21704 PERA $1,967.02 PPE 7/28/07 CH DTD 8/1/07 E 250 -42410 -121 PERA $687.51 PPE 7/28/07 CH DTD 8/1/07 E 101 -41400 -121 PERA $402.70 PPE 7/28/07 CH DTD 8/1/07 E 601 -49400 -121 PERA $24.78 PPE 7/28/07 CH DTD 8/1/07 E 101 -41600 -121 PERA $370.70 PPE 7/28/07 CH DTD 8/1/07 E 602 -49450 -121 PERA $24.78 PPE 7/28/07 CH DTD 8/1/07 Total PUBLIC EMPLOYEES RETIREMENT FD $4,105.09 Unpaid THERESA KORNWOLF E 702 -41400 -310 Miscellaneous $1,000.00 12865 90TH - LNDSCP ESC REF Total THERESA KORNWOLF $1,000.00 10100 BANK OF ELK RIVER $152,028.88 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $18,117.25 203 PARK DEVELOPMENT $485.61 250 BUILDING PERMIT FEES $3,177.13 408 Otsego Creek Watershed $12,677.83 426 Quaday & CSAH 37 $1,508.54 427 MACIVER/70TH ST ACCESS $988.36 441 Otsego City Campus $87.50 444 SE Utilities Project $16,034.54 475 Waterfront East/Miss. Shores $592.08 480 I94 /CASH 37 Project $1,803.78 485 Street Impr. Fund - 2006 $18,460.57 490 194 Industrial Park - W/S PROJ $775.06 495 2007 Grenins, Friendship &Quan $7,266.79 499 WELLHEAD PROTECTION PROJECT $216.75 601 WATER FUND $4,135.88 602 SEWER FUND $1,600.38 701 DEVELOPMENT ESCROWS FUND $57,600.83 702 BUILDERS ESCROW FUND $6,500.00 $152,028.88 CITY OF OTSEGO 07/31/07 3:09 PM Page 1 *Check Summary Register© JULY 2007 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid 10,000 LAKES CHAPTER $60.00 TIM - 8/16/07 SEMINAR UnPaid AFFORDABLE SANITATION $1,556.00 WKEND RENTAL - BASEBALL UnPaid ALPINE HOMES INC $1,500.00 9994 JANSEN - DRWY ESC REF UnPaid BOBS PRODUCE $81.36 BUDGET MTG MEALS UnPaid CARTRIDGE WORLD $86.25 INK CARTRIDGE REFILLS UnPaid CEDAR CREEK SPRINKLERS $170.00 SPRINKLER HEAD REPLACEMENT - 2 HOM UnPaid CENTRAL WOOD PRODUCTS $1,399.94 MEDIUM GRIND HARDWOOD UnPaid CHARTER COMMUNICATIONS $119.06 MONTHLY SERVICE UnPaid CITY OF MONTICELLO $5,936.07 3RD QTR FIRE CONTRACT UnPaid ECM PUBLISHERS INC $289.58 LEGAL - PUBLIC HEARING UnPaid ELK RIVER PRINTING & PARTY $54.85 STAMPS UnPaid FORT DEARBORN LIFE $886.48 ADMIN - AUG UnPaid HAROLD LEONARD $150.28 MILEAGE - MAPLEWOOD CLASS UnPaid HARRINGTON HOMES, INC. $2,500.00 9198 KAGAN - LNDSCP /DRWY ESC REFUN UnPaid HOMES PLUS $2,500.00 7520 LANGLEY - LNDSCP /DRWY ESC REF UnPaid HYDROLOGIC $223.66 PARK SUPPLIES UnPaid JDB CONSTRUCTION, LLC $1,500.00 11291 77TH - DRWY ESC REF UnPaid JOE ABRAHAMSON $20.00 JUNE /JULY INSP MTG LUNCHEON UnPaid JOHN DEERE LANDSCAPES $203.88 7005 PC /FC ROTOR UnPaid MENARDS $7.35 WALL REGISTER DEFLECTORS UnPaid MINNESOTA COPY SYSTEMS $190.03 PW COPIER MAINT UnPaid NORTHERN TOOL & EQUIPMEN $27.71 RATCHET TIE DOWNS UnPaid NOVA COMMUNICATIONS $60.00 CC MACHINE PHONE LINE UnPaid NOVAK -FLECK INC $1,000.00 11284 78TH - LNDSCP ESC REF UnPaid OFFICEMAX $119.32 OFFICE SUPPLIES UnPaid OMANN BROTHERS INC. $225.66 A.C. FINES MIX UnPaid PREMIER HOME BUILDERS $1,000.00 11457 76TH - LNDSCP ESC REF UnPaid PURCHASE POWER $518.99 POSTAGE UnPaid QWEST $145.05 PW PHONE SERVICE UnPaid RANDY'S SANITATION $191.06 8899 NASHUA AVE UnPaid REED BUSINESS INFORMATION $298.82 AD FOR BIDS - BOOSTER STATION UnPaid ROYCES PLUMBING AND REPAI $1,262.00 PR PK FOUNTAIN HOOKUP UnPaid SPRINT $206.17 LAP TOP SERVICE UnPaid SRF CONSULTING GROUP, INC. $1,810.84 PARKS CONSULTING UnPaid STEVE SPRINGER $90.00 MAY, JUNE, JULY CELL PHONE UnPaid STS CONSULTANT'S LTD $1,800.00 QUEENS AVE TURN LANE UnPaid SUPERIOR LAWN $2,719.55 W/S PROPERTY UnPaid TAMI LOFF $23.28 MILEAGE - CLERKS SCHOOL UnPaid TOSHIBA AMERICA INFO SYS IN $55.29 PW TOSHIBA COPIER UnPaid UNITED STATES POSTAL SERVI $2,000.00 POSTAGE FOR W/S UnPaid VANCE BROTHERS INC $337.92 SS -1H TACK UnPaid VISION BUILDERS $1,000.00 7528 LARGE - LNDSCP ESC REF UnPaid XCEL ENERGY $4,397.18 16935 56TH COURT UnPaid XEROX CORPORATION $522.36 XEROX COPIER Total Checks $39,245.99 FILTER: None CITY OF OTSEGO 07/31/07 3:10 PM Page 1 *Check Detail Register© JULY 2007 Check Amt Invoice Comment 10100 BANK OF ELK RIVER _ rnm _ Unpaid ,4 10,000 LAKES CHAPTER E 250 -42410 -360 Education/Training /Conferences $60.00 TIM - 8/16/07 SEMINAR Total 10,000 LAKES CHAPTER $60.00 Unpaid AFFORDABLE SANITATION E 101 - 45250 -410 Rentals (GENERAL) $1,396.00 6858 JUNE PORTA RENTALS E 101 - 45100 -390 Contracted Services $160.00 6859 WKEND RENTAL - BASEBALL Total AFFORDABLE SANITATION $1,556.00 Unpaid ALPINE HOMES INC - E 702 -41400 -310 Miscellaneous $1,500.00 9994 JANSEN - DRWY ESC REF Total ALPINE HOMES INC $1,500.00 Unpaid ,. BOBS PRODUCE E 101 -41400 -310 Miscellaneous $81.36 23045 BUDGET MTG MEALS Total BOBS PRODUCE $81.36 _mot, �. -: b WO Unpaid CARTRIDGE RLD E 250 -42410 -201 Office Supplies $86.25 1991 INK CARTRIDGE REFILLS Total CARTRIDGE WORLD $86.25 Unpaid �� CREEK SPRINKLERS �- � �µ E 408 -43100 -530 Improvements Other Than Bldgs $170.00 25 SPRINKLER HEAD REPLACEMENT - 2 Total CEDAR CREEK SPRINKLERS $170.00 Unpaid CENTRAL WOOD PRODUCTS E 101 -45200 -210 Operating Supplies (GENERAL) $1,399.94 72558 MEDIUM GRIND HARDWOOD Total CENTRAL WOOD PRODUCTS $1,399.94 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 $402.57 10512 JUNE ANIMAL CONTROL E 213 -42200 -390 Contracted Services $5,533.50 10512 3RD QTR FIRE CONTRACT Total CITY OF MONTICELLO $5,936.07 E 101 -41400 -350 Print/Binding (GENERAL) $193.05 248690 LEGAL - PUBLIC HEARING E 101 -41400 -350 Print/Binding (GENERAL) $96.53 248691 LEGAL - ORDINANCE Total ECM PUBLISHERS INC $289.58 Unpaid ELK RIVER PRINTING 8 PARTY PLU E 250 - 42410 -201 Office Supplies $54.85 25377 STAMPS Total ELK RIVER PRINTING & PARTY PLU $54.85 Unpaid FORT DEARBORN LIFE E 101 -41600 -130 Employer Paid Ins (GENERAL) $148.55 FIN -AUG E 250 - 42410 -130 Employer Paid Ins (GENERAL) $238.33 BLDG - AUG E 601 -49400 -130 Employer Paid Ins (GENERAL) $8.85 UTIL - AUG E 602 -49450 -130 Employer Paid Ins (GENERAL) $8.85 UTIL - AUG E 101 -41400 -130 Employer Paid Ins (GENERAL) $203.53 ADMIN -AUG E 101 -43100 -130 Employer Paid Ins (GENERAL) $278.37 PW - AUG Total FORT DEARBORN LIFE $886.48 Unpaid HAROLD LEONARD CITY OF OTSEGO 07/31/07 3:10 PM Page 2 *Check Detail Register© JULY 2007 Check Amt Invoice Comment E 250 - 42410 -360 Education/Training /Conferences $30.00 MAY -JULY INSP MTG LUNCHEON E 25042410 -321 Mileage/Travel $38.80 MILEAGE - ST. CLOUD CLASS E 250 - 42410 -321 Mileage/Travel $81.48 MILEAGE - MAPLEWOOD CLASS Total HAROLD LEONARD $150.28 Unpaid HARRINGTON HOMES, INC. E 702 - 41400 -310 Miscellaneous $2,500.00 9198 KAGAN - LNDSCP /DRWY ESC R Total HARRINGTON HOMES, INC. $2,500.00 Unpaid HOMES PLUS E 702 -41400 -310 Miscellaneous $2,500.00 7520 LANGLEY - LNDSCP /DRWY ESC Total HOMES PLUS $2,500.00 Unpaid HYDROLOGIC — E 10145200 -220 Repair / Maint Supply (GENERAL) $223.66 302173 -IN PARK SUPPLIES Total HYDROLOGIC $223.66 Unpaid JDB CONSTRUCTION, LLC E 702 -41400 -310 Miscellaneous $1,500.00 11291 77TH - DRWY ESC REF Total JDB CONSTRUCTION, LLC $1,500.00 Unpaid JOE ABRA HAMSON E 250 - 42410 -360 Education/Training /Conferences $20.00 JUNE /JULY INSP MTG LUNCHEON Total JOE ABRAHAMSON $20.00 Unpaid JOHN DEERE LANDSCAPES E 101 -45200 -220 Repair/Maint Supply (GENERAL) $203.88 12558424 7005 PC /FC ROTOR Total JOHN DEERE LANDSCAPES $203.88 Unpaid MENARDS E 101 -41940 -220 Repair /Maint Supply (GENERAL) $7.35 80058 WALL REGISTER DEFLECTORS Total MENARDS $7.35 Unpaid MINNESOTA COPY SYSTEMS E 101 - 41400 -413 Office Equipment Rental $154.26 160346 ESTUDIO MAINT/ COPIES E 101 - 43100-413 Office Equipment Rental $35.77 160524 PW COPIER MAINT Total MINNESOTA COPY SYSTEMS $190.03 Unpaid N ... . . . ORTHERN TOOL & EQUIPMENT CO E 101 -43100 -240 Small Tools /Equipment $27.71 194083199 RATCHET TIE DOWNS Total NORTHERN TOOL & EQUIPMENT CO $27.71 ...... .-,. a Unpaid NOVA COMMUNICATIONS E 602 -49450 -320 Telephone $30.00 20872 CC MACHINE PHONE LINE E 601 - 49400 -320 Telephone $30.00 20872 CC MACHINE PHONE LINE Total NOVA COMMUNICATIONS $60.00 Unpaid NOVAK -FLECK INC E 702 - 41400 -310 Miscellaneous $1,000.00 11284 78TH - LNDSCP ESC REF Total NOVAK -FLECK INC $1,000.00 Unpaid OFFICEMAX E 101 -41400 -201 Office Supplies $119.32 760523 OFFICE SUPPLIES Total OFFICEMAX $119.32 Unpaid OMANN BROTHERS INC. E 101- 43100 -434 Blacktop Supplies $154.99 7538 A.C. FINES MIX E 101 - 43100 -434 Blacktop Supplies $70.67 7552 #2341 A.C. MIX CITY OF OTSEGO 07/31/07 3:10 PM Page 3 *Check Detail Register© JULY 2007 Check Amt Invoice Comment Total OMANN BROTHERS INC. $225.66 Unpaid — — — PREMIER HOME BUILDERS E 702-41400-310 Miscellaneous $1,000.00 11457 76TH - LNDSCP ESC REF Total PREMIER HOME BUILDERS $1,000.00 Unpaid PURCHASE POWER E 101-41400-206 Postage $518.99 POSTAGE Total PURCHASE POWER $518.99 Unpaid QWEST E 101-43100-320 Telephone $145.05 PW PHONE SERVICE Total QWEST $145.05 Unpaid RANDY'S SANITATION E 101-41940-325 Garbage Service $99.47 8899 NASHUA AVE E 101-43100-325 Garbage Service $91.59 13400 90TH ST Total RANDY'S SANITATION $191.06 Unpaid REED BUSINESS INFORMATION E 444-49400-351 Legal Notices Publishing $149.41 3693018 AD FOR BIDS - BOOSTER STATION E 444-49400-351 Legal Notices Publishing $149.41 3697705 AD FOR BIDS - BOOSTER STATION Total REED BUSINESS INFORMATION $298.82 Unpaid ROYCES PLUMBING AND REPAIR E 203-45210-530 Improvements Other Than Bldgs $273.33 PR PK FOUNTAIN HOOKUP E 441-43100-530 Improvements Other Than Bldgs $988.67 PLUMBING BACK FLOW/HEAD GUARD Total ROYCES PLUMBING AND REPAIR $1,262.00 Unpaid SPRINT E 250-42410-320 Telephone $206.17 LAP TOP SERVICE Total SPRINT $206.17 Unpaid SRF CONSULTING GROUP, INC. — — E 203-45210-390 Contracted Services $1,810.84 5521-18 PARKS CONSULTING Total SRF CONSULTING GROUP, INC. $1,810.84 Unpaid STEVE SPRINGER E 101-43100-320 Telephone $90.00 MAY, JUNE, JULY CELL PHONE Total STEVE SPRINGER $90.00 Unpaid STS CONSULTANTS LTD E 485-43100-302 Engineering Fees $1,800.00 N19875 QUEENS AVE TURN LANE Total STS CONSULTANTS LTD $1,800.00 Unpaid SUPERIOR LAWN E 101-41940-390 Contracted Services $1,681.93 1182 CITY PROPERTY E 602-49450-390 Contracted Services $518.81 1182 W/S PROPERTY E 601-49400-390 Contracted Services $518.81 1182 W/S PROPERTY Total SUPERIOR LAWN $2,719.55 Unpaid TAMI EIFF E 101-41400-321 Mileage/Travel $23.28 MILEAGE - CLERKS SCHOOL Total TAMI LOFF $23.28 Unpaid TOSHIBA AMERICA INFO SY INC E 101-43100-413 Office Equipment Rental $55.29 47648675 PW TOSHIBA COPIER Total TOSHIBA AMERICA INFO SYS INC $55.29 CITY OF OTSEGO 07/31/07 3:10 PM Page 4 *Check Detail Register© JULY 2007 Check Amt Invoice Comment Unpaid UNITED STATES POSTAL SERVICE E 602 -49450 -206 Postage $1,000.00 POSTAGE FOR W/S E 601 - 49400 -206 Postage $1,000.00 POSTAGE FOR W/S Total UNITED STATES POSTAL SERVICE $2,000.00 Unpaid VANCE BROTHERS INC E 101 - 43100 -434 Blacktop Supplies $337.92 11196 SS -1H TACK Total VANCE BROTHERS INC $337.92 Unpaid VISION BUILDERS E 702 - 41400 -310 Miscellaneous $1,000.00 7528 LARGE - LNDSCP ESC REF Total VISION BUILDERS $1,000.00 Unpaid XCEL ENERGY E 602 - 49450 -322 Utilities $4,167.58 17330 53RD STREET E 602 - 49450 -322 Utilities $89.03 16935 56TH COURT E 602 - 49450 -322 Utilities $35.77 17388 52ND STREET E 601 - 49400 -322 Utilities $104.80 17326 53RD STREET Total XCEL ENERGY $4,397.18 Unpaid XEROX CORPORATION E 101 - 41400 -413 Office Equipment Rental $522.36 26602122 XEROX COPIER Total XEROX CORPORATION $522.36 • 10100 BANK OF ELK RIVER $39,245.99 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $9,042.45 203 PARK DEVELOPMENT $2,084.17 213 Monticello Fire District $5,533.50 250 BUILDING PERMIT FEES $815.88 408 Otsego Creek Watershed $170.00 441 Otsego City Campus $988.67 444 SE Utilities Project $298.82 485 Street Impr. Fund - 2006 $1,800.00 601 WATER FUND $1,662.46 602 SEWER FUND $5,850.04 702 BUILDERS ESCROW FUND $11,000.00 $39,245.99 CITY OF OTSEGO 07/25/07 10:38 AM Page 1 *Check Summary Register© JULY 2007 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid DRESEL CONTRACTING INC $37,320.34 CSAH 42 RECONSTRUCTION Total Checks $37,320.34 FILTER: None • CITY OF OTSEGO 07/25/07 10:39 AM Page 1 *Check Detail Register© JULY 2007 Check Amt Invoice Comment 10100 BANK OF ELK RIVER E 485 -43100 -530 Improvements Other Than Bldgs $37,320.34 PAY #8 CSAH 42 RECONSTRUCTION Total DRESEL CONTRACTING INC $37,320.34 10100 BANK OF ELK RIVER $37,320.34 Fund Summary 10100 BANK OF ELK RIVER 485 Street Impr. Fund - 2006 $37,320.34 $37,320.34 • ITEM 5_2 Otsego Police Commission Minutes June 12, 2007 Present: Edgar Pearsall, Sandy Michaelson, Denise Andrusko, Jane Theisen, Jeff Stimac, Jessica Stockamp, Sgt. Darsow. Meeting was called to order at 6:32 PM. Agenda was approved unanimously. Minutes for May 8 were approved unanimously. Open Forum 1. John Hindenkamp, John Rohl and Alisha Amundson live in the Zimmer Farms neighborhood. They had questions about an incident where the Wright County SWAT Team served an arrest warrant at 6506 McKenzie. Sgt. Darsow answered their questions. They also are concerned about the amount of rental properties in the area. Jessica discussed the city's new rental agreement that is going to be implemented. A copy will be in the next issue of the Otsego View. 2. 80 & Maciver. Many people are going in and out of an abandoned house in the area. This was also brought up at a council meeting Old Business 1. Mc Gruff. Nothing to report at this time. We did get a couple more Mc Gruff houses. 2. Mailboxes. Nothing new to report at this time. 3. Restaurant Tents. We are waiting to hear back from the printer. The new information is ready for the printer to review. 4. Curfew. The new curfew was approved and will be published in the Otsego View shortly. 5. National Night Out. Nothing new to report at this time. New Business 1. Jeff will be the contact for the Otsego View. 2. July meeting is cancelled. Next meeting will be August 14. Jane will stay on top of any new National Night Out developments. 3. We will discuss a new idea called Meet the Sheriff at our next meeting. This is something that would be published in the Otsego View. Council Meetings May 14. Joel was assigned but is absent. May 29. Linda was assigned but is absent. June 11. Jane stated there was nothing to report back. Meeting Assignments June 25 Sandy July 9 Edgar July 23 Jeff Aug 13 Jane Next meeting will be August 14. Meeting was unanimously adjourned at 8:00 PM. ITEM 5_3 RESOLUTION NO. 2007-49 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION APPROVING THE PERMANENT INTERFUND ACCOUNTING TRANSFER WHEREAS, the City has completed the Quaday Avenue improvement project, and WHEREAS, the capital project fund used to account for this project has a remaining unexpended balance of $204,174, and WHEREAS, the authorizing bond resolution requires the unexpended balance of the bond proceeds to be transferred to the related debt service fund, and WHEREAS, the accounting transfers require the approval of the City Council by a resolution to properly document this financing and approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO, MINNESOTA THAT THE FOLLOWING ACCOUNTING TRANSFER BE APPROVED: $204,174 is hereby transferred from the Quaday Capital Improvements Fund to the related Quaday Debt Service Fund to transfer the remaining assets of the project for debt service payments. Approved by the City of Otsego Council this 13 day of August, 2007. City of Otsego Mayor Larry Fournier ATTEST: Judy Hudson, City Clerk ITEM 5_ Memorandum To: Mayor and City Council Cc: Heritage Commission From: Judy Hudson, Clerk Date: 8/8/2007 Re: Heritage Meeting Dates The Heritage Commission has requested to change their meeting dates from the fourth Thursdays in the month to the third Thursdays of each month. This will be effective immediately. If approved, staff will update their By -laws. Thanks you. 1 ITEM 5_5 CITY OF OTSEGO PARK & RECREATION COMMISSION MEETING MINUTES JULY 11, 2007 7:00 PM Call to Order: The meeting was called to order at 7:00 PM. Roll Call: Commissioners: Russ Langer, Aaron Stritesky, Rose Cassady, Kathy Roberts, and Beverly Kumar. Mike Brumm arrived at 7:10 p.m. Absent: Peter Torresani and Rob Miller. Councilmembers: Mark Thorsted. Jessica Stockamp arrived at 7:15 p.m. Staff: City Administrator Michael Robertson. 1. Agenda Approval. Park Rules 5.A. and Park Heritage Signs 5.B. were added. - Motion by Commissioner Roberts, seconded by Commissioner Langer, to approve the agenda as amended. Motion carried 5 -0. 2. Approval of June 13, 2007 minutes. Motion by Commissioner Roberts, seconded by Commissioner Kumar to approve the minutes. Carried 5 -0. 3. Community Education Report Carole McNaughten- Commers of Community Education reviewed the registration numbers for summer activities and reviewed the planned offerings for the fall. Carole noted that the Youth Softball League, Basketball Camp, and the Safety Camp had been cancelled due to no registrants. She said that the other activities had enough registrants. Commissioners were happy with the report and proposed fall activities and complemented Carole on the job Community Education is doing. 4. Potential City Survey Councilmembers Thorsted and Stockamp reviewed the discussion on a potential survey the Council had with a surveying company. The Council has directed all City Commissions to provide a list of what information they would want a survey to find out. The Council has set a date of Wednesday, October 17, 2007 at 7:00 p.m. to review the information provided by the City Commissions. 5. Splash Park Cost Estimates Administrator Robertson said that SRF had estimated the costs of a Splash Park at $100 = 150,000 depending on the size. This estimate did not include a well to provide the water, any water treatment equipment need, and a storm sewer pipe to take the water away. Commissioners suggested a smaller scale water fixture such as the "bubbler" in down town Elk River, and asked Robertson to get the construction cost of that structure. 5a. Park Rules Administrator Robertson explained the open meeting law and asked that Commissioners not email one another with information for potential recommendations to the City Council such as was done with park usage rules information. He said if an individual commissioner emailed him information he could then email it to every commissioner. After reviewing the potential rules Commissioners asked Robertson to prepare a draft for consideration at the August Park Commission meeting. 5b. Park Heritage Signs Councilmember Thorsted said that after discussion with City Planner Licht he had brought a suggestion to the Heritage Preservation Commission (HPC) that signs be installed for each park explaining the heritage of the area. The HPC loved the idea and so did the Park Commissioners. CM Thorsted said the HPC will be working on developing the necessary historical information for each park and the signs could be made in the City's sign shop. 6. City Update Councilmember Stockamp updated Commissioners on Council actions, particularly the booths that the City will have at the Otsego Festival. Commissioners suggested that the City print a thousand Park & Trail maps for people to take. 7. Other Business Commissioners asked that when the bulletin board is installed in the Prairie Park shelter that the rental schedule note that on the days that Community Education has events that the Park Shelter is reserved for them during those times. Commissioners discussed an article one of them had seen in the Star Tribune regarding new types of park equipment. 9. Adjournment: Commissioner Cassady moved, seconded by Commissioner Roberts, to adjourn at 8:39 p.m. Motion carried 6 -0. Michael Robertson City Administrator ITEM 5_6 PAY ESTIMATE #5 CITY OF OTSEGO ELEVATED WATER STORAGE TANK AND TOWER #3 Date: August 6, 2007 Honorable Mayor & City Cowell City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Elevated Water Storage Tank and Taxer #3 Contractor. Pittsburg Tank and Tower Company Contract Amount $2,061.000.00 Award Date: October 25, 2006 Completion Date: Decker 14.2007 Dear Honorable Mayor and Court Members: The f $ow ng work has been completed on the above - referenced project by Pittsburg Tank and Tower Company. End Schedule "B" - Alternate Sid ITEM ESTIMATED CONTRACT UNIT USED TO NO. REM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION Provide foundation design prepared by Professional Engineer licensed to the State of Minnesota, based on 1 Ioadinn data in Division i3. 1 LS S10,000.00 $ 10,000.00 1 $ 10,000.00 Provide steel tank & tower design. Muting anchorage prepared by Professional Engineer Ncensed in the State of 2 NNrmesata based on the plans and spedli ons. 1 IS 510,000,00 $ 10,000.00 1 $ 10.000.00 Construct tads a tower founded= including excavation. 3 Costaete, back* and anchorage per apprOVed desks. 1 US 5280.000.00. S 290000.00 1 $ 290.000.00 Furnish and install piping. ind0dinp viaternairk riser & ovdaow, valves, Menge. hyd mat, and khaia9on per plans 4 and meditations. 1 LS $25.000.00 S 25,000.00 1 $ 25.000.00 Furnish and erect the 1,000,000 gallon fluted pillar elevated water lower and tank incite sag all appurtenances 5 , as provided on plans and specifications. 1 1S $1243.000.00 $ 1,243,000.00, 0.92 $ 1.143,560.00 Finnish and apply coatings on the steel surfaces of the 6 Ailed oIar elevated water loner anti tank as spec Led. 1 LS $250.000.00 S 250,000.00 $ - Furnish and instal electrical and control devices as 7 provided for in the plans and soeci6cadOn& 1 LS $90,000.00 $ 30,000.00 5 t Moblazation and DemobNzafon. 1 LS 520,000.00 $ 20,000.00 0.7 5 14.10000 Furnish end apply coatings for logo on the water tank as 9 shown on the plans and as spea9ied. 1 LS 55,000.00 $ 5,000.00 $ - 10 Exterior Containment System.' 1 LS 5100.000.00 $ 100,000.00 1 $ 100.000.00 AN de work fig, skipping. excavation, import and compacting of borcw material, sub -base material and aggregate base. placement of bituminous materials, concrete cab and gutter. and construction of concrete 11 splash pact apron and sidewalk. _ 1 LS 515,00000 $ 15,000.00 $ Erosion Control kerns such as bale .wok, sA lame and 12 rock construed= entrance. 1 LS $3.000.00 $ 3.000.00 1 S 3,000.00 13 bnportino and Manila Mosel 1 LS , 54000,00 $ 6,000_00 $ - i4 Excavation and disposal d ale ethers soil materials. 2 1 1.8 550.000,00 $ 50,000.00 1 $ 50.000.00 15 Al restoration. Including seeding. rerflsbh0 and mulch 1 LS 82,000.00 S 2,000.00 $ - ' Item eNminate per Charge Order Number 1. See page 2 of Pay Estimate. 2 Rem reduced by 590.000 per Chhahge Gender Number 1. See page2 of Pay Esdmate. S.�WltaidpannOTSEG0 6211Pay Eadmstea►ot521 PE PE - 1 PAY ESTIMATE 85 CITY OF OTSEGO ELEVATED WATER STORAGE TANK AND TOWER 83 Change Order N0.1 ITEM ESTIMATED CONTRACT UNIT USED TO NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION Decrease amount ofexcavation and disposal of excess _ 1 sol material (Decrease to Bid Schedule 'B' - Item No. 14) 1 LS ($30.00D.00Z S (30,000.00) 1 S (30,000.00) Delete the Exterior Containment System (Decrease to Bid 2 Schedt e'8' • Item No. 10) 1 , LS (3100,000.00) S (100,000.00) 1 S (100,000.00) Revise type. size and mode) of spoilghts and poles 3 (Increase to Bid Schedule "B' . Item No. 7) 1 LS _ 82,800.00 S 2,800.00 S • Total Original Bid Schedule -13° S 2,061,000.00 $ 1,646.0.00 Change Order No. 1 $ (127,200.00) $ (130,000.00) TOTAL S 1.933,800.00 $ 1,515560.00 Total Work Completed to Date $ 1,515,560.00 LESS 5% RETAINAGE: $ 75,778.00 LESS PAY ESTIMATE 91 $ 185 726.00 LESS PAY ESTIMATE #2 S 148,200.00 LESS PAY ESTIMATE #3 LESS PAY ESTIMATE 84 $ 4046500 1 , $ 401469.00 WE RECOMMEND PAYMENT OF: S 221,103.00 APPROVALS: CONTRACTOR: PITTSBURG TANK AND TOWER .. Certificatio by trpchr. I certify that all items and amounts are correct for the work completed to date. Signed: ) * ✓' 4. Title: VICE - 4.111; Cif AJ' Date ENGINE • HAKANSON D - = • N ASSOCIATES, INC. Ce ' n by Eng nee . We ,. • - • payment for work and quantities as shown. Signed: 1 Title: Frt e G vli; n i t Date 818107" OWNER: CITY OF OTSEGO Signed: Title: Date S:VrMxldpaltAOTSEG015211say Es&mateslot521PE PE-2 ITEM 5_7 FIRST AMENDMENT TO GRANT OF EASEMENT (SHORT FORM) THIS FIRST AMENDMENT TO GRANT OF EASEMENT ( "First Amendment") is made as of the _ day of August, 2007, by TARGET CORPORATION, a Minnesota corporation, whose address is Target Corporation, Property Development, Attn: Real Estate - Existing Stores, 1000 Nicollet Mall, Minneapolis, Minnesota 55403 and RYAN COMPANIES US, INC., a Minnesota corporation, whose address is Ryan Companies, 50 South Tenth Street, Suite 300, Minneapolis, MN 55403 (collectively "Grantor") and the City of Otsego, a municipal corporation under the laws of the State of Minnesota ("Grantee "). WHEREAS, Grantee and Grantor entered into a Grant of Easement dated the 27 day of June, 2006, recorded in the Office of the County Recorder, Wright County, Minnesota, on the 28 day of June, 2006, as Document No. 1019268 ( "Easement "); and WHEREAS, Grantee and Grantor wish to amend the Easement to replace Exhibit B to the Easement in its entirety. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledge, Grantee and Grantor agree that Exhibit B to the Easement shall be replaced with Exhibit B attached hereto. 1. Defined Terms. Capitalized terms not otherwise defined herein shall have the meaning given them in the Easement. 2. Confirmation of Agreement. Except as set forth herein, all other terms and conditions of the Easement shall remain unmodified and in full force and effect. The Easement as amended herein is hereby confirmed and ratified by each of the parties hereto. 3. Approvals; Binding Effect. Each of the parties represents and warrants that it has the full capacity, right, power and authority to execute, deliver and perform this First Amendment, and all required actions, consents and approvals therefor have been duly taken and obtained. Furthermore, each of the parties represents and warrants that upon full execution of this First Amendment, the Easement as amended by this First Amendment shall be binding on all parties with any interest in their respective Tracts as defined in the Easement, including the TL 51922 v.5 - Grant of Underground Easement (Short Form) holder of any mortgagee's interest. This First Amendment shall be binding on the parties hereto and their respective heirs, successors and assigns. 4. Miscellaneous. This First Amendment shall be governed by and construed in accordance with the laws of the State of Minnesota. This First Amendment shall not be construed strictly for or against Grantor or Grantee. 5. Counterparts. This First Amendment may be signed in any number of counterparts, each of which shall be deemed an original and all of which together constitute one and the same instrument. In addition, signature and acknowledgment pages from any counterpart may be removed and attached to any other counterpart so that any counterpart with all such signature and acknowledgment pages attached shall be deemed to be a complete and fully- executed original. [Rest of page intentionally left blank.] 2 IN WITNESS WHEREOF, the undersigned has executed this instrument as of the date first above written. TARGET CORPORATION, a Minnesota corporation By: Its: RYAN COMPANIES US, INC., a Minnesota corporation By: Its: By its execution of this instrument, Grantee certifies to Grantor that it is authorized to and hereby accept and agree to the same, and that its covenants and agreements hereunder constitute legal and binding obligations of Grantee and are enforceable against Grantee in accordance with their terms. All notices to Grantee shall be delivered in writing at the address noted below or such other address as is provided by Grantee. City of Otsego, a municipal corporation By: Its: City of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of August, 2007, by , the of TARGET CORPORATION, a Minnesota corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of August, 2007, by , the of RYAN COMPANIES US, INC., a Minnesota corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF The foregoing instrument was acknowledged before me this day of August, 2007, by , the of the City of Otsego, a municipal corporation, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: BARNA, GUZY & STEFFEN, LTD. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, Minnesota 55433 (763) 780 -8500 (MFH) 382380v1 4 EXHIBIT B -1 Water Easement Exhibit (attached) , ...,_____.„ WATER CYAN NE 88TH 665.5 RETAIL W STREET MUNNC LASTING nnenoNSNws EAS E M E N _.„._ Dn�° ��e°h h an. oO �� ° .ed. e ■ ■� : : : :I N COMPANIES 1x N - 4. 4 - _ I■ ■■■■■■!�■■■■■\.. \ wi ::w.. SIN s d :u ■ * 1 ■ ■ ■ ■ ■ ■ ■ ME IMI ■ ■l Q L -7.1111 ■ ■■ ■ ■ ■ ■ ■ ■1 EXHIBIT Q : :; - ---: Q 11 ,■ ■■ ■■. Ci Q g ■ ■■�r ,., ° �� '5 GREAT RIVER NI 0 CENTRE GENERAL MERCHANDISE OTSEGO . OF 4 OTSEGO, MN 909 l ,..1 - - 187,800 SF ; R LOCATION (� RETAIL MINNES, LEGEND ` G � 2 6. 13,500 SF 111 WI N OTe F.F.E. 865.5 Q Q F.F.E. ATER EASMENT M WATER EASEMENT P. 0\ 4,800 SF E A TEIT bk§k F.F.E. 865.5 TC Q o k V>V> MV Vp.LT.hV >tAV\V>Vl��AV>V. x I i a w i . ■ `- l4[ O SCALE F - -.EEI II IT r q Qs= 0 0 0 0 r) L o 0 0 . A, 1 aa0 O O 0 0 /= O O O VO �O az 0 000d aoo __,� su� �- i s Z - -- - -- • R NE 87TH ST I MIST NUMBER . lir' .1 1) (11 1 OF RT . ITEM 5_8 COURI, MACARTHUR & RUPPE, P.L.L.P. Michael C. Court, Attorneys at Law David R Wendorf Andrew J. MacArthur 705 Central Avenue East Kristen H. Carr Robert T. Ruppe•• PO Box 369 St. Michael, MN 55376-0369 'Also read lug (763) 497 -1930 "Also licensed inCd vnia (763) 497 -2599 (FAX) courimacarthsw@earthlinstnet June 8, 2006 City Council Members City of Otsego c/o Judy Hudson, City. Clerk 8899 Nashua Avenue NE Otsego, MN 55330 RE: Developer's Contract Between City of Otsego and Ryan Dear Council Members: Please find enclosed for your review and action at Monday night's City Council meeting is an Agreement between the City and Ryan relative to the "Phase One Property" in Great River Centre. This is the property controlled by Ryan and Target and which will be developed under their control. This Agreement is a sub Agreement under the overall Developer's Agreement. I will be at the meeting to ask any questions that you might have relative to this Agreement. Very truly yours, Andrew J. MacArthur COURT, MACARTHUR & RUPPE, PLLP Encl. cc: Mike Hurley, Attorney Ron Wagner, City Engineer Dan Licht, City Planner CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA DEVELOPMENT CONTRACT- LOTS 1 -4, BLOCK 1 GREAT RIVER CENTRE OF OTSEGO AGREEMENT made this day of August, 2007 between the City of Otsego ( "City"), a municipal corporation under the laws of the State of Minnesota and Ryan Companies US, Inc, a corporation organized under the laws of the State of Minnesota ( "Developer ") and Target Corporation, a corporation organized under the laws of the State of Minnesota ( "Target "). The Agreement affects the following described real property located in Wright County, Minnesota: Developer is the fee owner of Lots 2, 3 and 4, Block 1, Great River Centre of Otsego according to the Plat on file and of record at the Office of the County Recorder, Wright County, Minnesota. Target is the fee owner of Lot 1, Block 1, Great River Centre of Otsego according to the Plat on file and of record at the Office of the County Recorder, Wright County, Minnesota. Lots 1 -4, Block 1, Great River Centre of Otsego according to the Plat on file and of record at the Office of the County Recorder, Wright County, Minnesota (hereinafter "Lots "). 1. SITE AND BUILDING PLAN and PLAT APPROVAL. Developer has submitted Site Plan and Building Plan for approval. On March 13, 2006, City approved the Site and Building Plan, subject to certain conditions, which include execution of a Development Contract between the Developer and City. Developer subsequently modified the Site and Building Plan and the City approved the i modified Site and Building and Plan on July 27, 2007. The City approved the Final Plat for GREAT RIVER CENTRE OF OTSEGO on March 27, 2006. 2. DEVELOPER SUBJECT TO PREVIOUS AGREEMENT. Developer, if Developer assumes the obligations of Appello Group, LLC, a Minnesota limited liability company ( "Appello ") pursuant to the terms and conditions of said Development Agreement, will be subject to any applicable terms and conditions of the Development Agreement dated May 16, 2006 between City and Appello Group, LLC and on file at the City Hall. 3. SEWER (SAC) AND WATER (WAC) AVAILABILITY CHARGES. Developer shall be charged for sewer and water availability in the estimated equivalent of twelve (12) Residential Equivalent Charges (RECs). These charges have been discounted from 25 RECs, the average usage of a SuperTarget store, because Developer agrees to pay the SAC and WAC charges at the time of issuance of a building permit for Lot 2, Block 1 (SuperTarget site) rather than have the amount assessed against the property for a period of years. Therefore, the SAC and WAC charges for Lot 2, Block 1 are calculated as follows and shall be paid by Developer at the time of building permit approval for said Lot: SAC 12 REC units x $6,200.00 per unit = $ 74,400.00 WAC 12 REC units x $3,500.00 per unit = $ 42,000.00 Total $ 116,400.00 SAC and WAC charges for other Lots subject to this Agreement shall be determined at the time of Site and Building Plan Approval. 4. PARK AND TRAIL DEDICATION FEE. Developer's obligation to pay Park and Trail dedication for the Plat has been satisfied by the terms contained in the May 16, 2006 Development Agreement between the City and Appello Group, LLC. 5. LANDSCAPING. Developer has provided the City and the City has approved a Landscaping Plan for the Lots dated May 16, 2006. The approved Landscaping Plan, as revised, for purposes of this Agreement is only for items specific to property subject to this Agreement and not those included in the Landscape Plan for GREAT RIVER CENTRE OF OTSEGO dated July 12, 2007 and approved by the City on July 27, 2007. The Landscaping Plan for property subject to this Agreement shall be placed on file and of record with the City. In order to assure that all Landscaping required by this Agreement is completed in a timely and work 2 man like fashion, Developer shall submit an escrow or other approved security in the amount of $20,000.00. Said escrow or security shall be submitted upon execution of this Agreement. In the event that the Landscaping is not completed in a timely manner, or landscaping is not satisfactorily completed, and upon reasonable notice to Developer of any deficiency, City may utilize escrow or security funds to complete or cure any deficiencies in landscaping. In the event that escrow or security funds must be utilized the City may also deduct from the escrow or security any costs and disbursements it incurs including, but not limited to, administrative fees, professional fees and attorney's fees. Landscaping for the Lots shall be completed on or before October 1, 2008. 6. PUBLIC IMPROVEMENTS. Developer and City acknowledge that the only Public Improvements to be constructed within the Lots by Developer will be a water line as further discussed in Paragraph 13 herein ( "Public Improvements "). Public Improvements shall be installed in accordance with City standards, ordinances, and the plans furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits before proceeding with construction. The City shall provide adequate field inspection personnel to assure acceptable quality control, which will allow certification of the construction work. The City may, when reasonably required to do so and at the Developer's expense, have one (1) or more City inspectors and a soil engineer inspect the work. Within thirty (30) days after the completion of the Public Improvements and before any security is released, the Developer shall supply the City with a complete set of reproducible "as built" plans and two (2) complete sets of blue line "as built" plans prepared in accordance with City standards. Before the security for the completion of utilities is released, iron monuments shall be installed in accordance with Minnesota Statutes 505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments are installed. 7. PRIVATE IMPROVEMENTS. Developer shall cause to be constructed within the Lots certain Private Improvements at its sole cost and expense, including: (a) Parking areas and common drives (b) Parking lot lights (c) Site grading (d) Underground utilities (except for utilities within City or County right of way or easement), specifically storm water drainage improvements and sanitary sewer and water hookups. 3 (e) Setting of lot and block monuments 8. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION, AND LEGAL AND ADMINISTRATIVE FEES ESCROW. The Developer shall pay a fee for consulting engineering administration. CITY engineering administration will include monitoring of construction, observation, consultation with Developer and their engineer on status or problems regarding the project, monitoring during the warranty period and processing of requests for reduction in security. Fees for this service shall be three percent (3 %) of the estimated construction cost of the Public Improvements to be inspected, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City's consulting engineer. Construction observation shall include part or full time inspection of Public Improvements and will be billed at hourly rates estimated to be five percent (5 %) of the estimated construction cost of the improvements to be inspected. In the event of prolonged construction or unusual problems, the City will notify the Developer of anticipated cost overruns for administration and observation services. The escrow account shall include estimated fees for Administrative and Legal expenses and Signs and shall be established at the time that Public Improvements are commenced. The escrow amount shall be submitted to the City upon the issuance of the first building permit for any Lot. All administrative and legal fees related to plan review, drafting of any Agreement and any other necessary items shall be paid to the City prior to execution of the Agreement. Any amounts not utilized from this escrow fund shall be returned to the Developer when all improvements have been completed, all financial obligations to the City satisfied, and any required "as built" plans have been received by the City. The escrow set forth in this Paragraph is separate and distinct from escrow established under any other portion of this Agreement. An estimate of the proposed escrow is set forth. The estimate is based upon current engineering and fee projections and is a minimum estimate. ESCROW (Cash) City Construction Administration and Utility Inspection Fees (estimated 8% of $ 121,500.00) For construction of water line under SuperTarget parking lot and construction of water hydrants $9,720.00 City Administrative $1,215.00 4 (1% of $ 121,500.00) Legal Fees $1,215.00 (1% of $ 121,500.00) Park and Trail Dedication $0.00 TOTAL ESCROW — AMOUNT DETERMINED AT TIME OF AGREEMENT EXECUTION $12,150.00 9. EROSION CONTROL. After the site is rough graded, but before any utility construction is commenced or further building permits are issued, an erosion control plan for the Lots approved by the City Engineer shall be implemented by the Developer and inspected and approved by the City. If the City Engineer determines that it would be unreasonable to require full implementation of the erosion control plan prior to utility construction or issuance of certain building permits, he shall state in writing what construction can take place and what particular building permits can be issued prior to full implementation. The City may impose additional erosion control requirements if, in the reasonable opinion of the City Engineer, they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. If the Developer or Lot Owner does not comply with the erosion control plan and schedule or any supplementary instructions, the City may, with reasonable notice, take action as it deems appropriate. 10. GRADING PLAN. Lot grading shall be in accordance with the approved grading plan. Within thirty (30) days after completion of grading and before any security release, the Developer or Lot Owner shall provide the City with an "as built" grading plan including certification by a registered land surveyor or engineer. "As built" plans shall include field- verified elevations of: (i) Lot comers Occupancy permits shall not be issued until the grading and drainage plan is certified as set forth above. 11. RIGHT OF ENTRY. The Developer hereby grants to the City, its agents, employees, officers and contractors a right of entry to enter the plat to perform any and all work and inspections necessary or deemed appropriate by the City during the installation of improvements by Developer or the City, or to make any necessary corrective actions. Except in emergency situations, as defined by the City, the City shall give the Developer five (5) business days notice stating the deficiencies and necessary corrections prior to making any corrective action. Said right of entry shall 5 continue until the City finally accepts the improvements and through any applicable warranty period. 12. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Agreement, improvements lying within public easements shall become City property without further notice or action. 13. CONVEYANCE OF UTILITY EASEMENT and EASEMENT AGREEMENT. Developer or Owner shall convey to the City a permanent utility easement for the twenty (20) foot strip of land containing the water line underneath the parking lot and shall enter into an Easement Agreement with the City regarding use, construction and maintenance of said easement Said Easement Agreement and easement conveyance shall be subject to the approval of the City Attorney. 14. CLEAN UP. The Developer shall promptly clean any and all dirt and debris from streets resulting from construction work by the Developer, its agents or assigns. 15. RESPONSIBILITY FOR COSTS. (a) Except as otherwise specified herein, the Developer shall pay all costs incurred by them or the City in conjunction with the development of the Lots, including, but not limited to, legal, planning, engineering, and inspection expenses incurred in connection with development of said Lots, the preparation of this Agreement, and all costs and expenses incurred by the CITY in monitoring and inspecting development of the Lots. (b) The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from the development of the Lots. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees, except for liability resulting from intentional or reckless actions of the City, its employees or agents. (c) The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering fees, reasonable attorney's fees, and costs and disbursements. (d) The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the Developer has a good faith objection to a billing submitted it shall notify the City in writing of the nature of its objection and may deposit the disputed amount in an escrow account pending resolution of the dispute which must occur within 120 days from the date of notice of the dispute. If 6 bills are otherwise not paid on time, the City may halt Lots 2, 3 and 4 development work and construction, including but not limited to the issuance of building permits for Lots 2, 3 and 4 which the Developer may or may not have sold, until all bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of twelve percent (12 %) per year. 16. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the Public Improvements or Landscaping to be performed by it hereunder, the City may, at its option, perform the work and the City may then draw down the security established in Paragraphs 23 to pay for any work undertaken, provided the Developer are first given notice of the work in default, not less than fourteen (14) days in advance and are provided an opportunity to cure any default. This notice provision does not apply if the work performed by the City or its contractors is of an emergency nature, as determined at the sole discretion of the City. Should such emergency work be required, the City will make all reasonable efforts to notify the Developer as soon as possible. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part pursuant to any applicable statutes or ordinances. (a) Abandonment of Project — Costs and Expenses. In the event the Developer should abandon its proposed development of the Subject Property, City's costs and expenses shall be paid by Developer. If the development is abandoned, the City may withdraw funds from the above - referenced deposit or surety or any other surety provided, for the purpose of paying their costs referred to in the Escrow or Letter of Credit. If the surety is inadequate to cover costs actually accrued by the City, Developer shall be responsible for reimbursement to City of all such costs above the security. 17. DEVELOPER TO PAY ALL COSTS. It is understood and agreed that amounts set forth in this Agreement as costs, unless specifically specified as fixed amounts, are estimated. Developer agrees to pay the actual costs, provided the costs are consistent with the feasibility reports and preliminary cost estimates and associated with the proposed development together with platting costs, interest, administrative, engineering and legal costs with respect to their respective parcels. 18. MISCELLANEOUS. (a) Third parties shall have no recourse against the City under this Agreement, except for permitted assignees as approved by the City. (b) Breach of any of the terms of this Agreement by the Developer shall be grounds for denial or revocation of building permits for Lots 2, 3 or 4 only. A certificate of occupancy may be denied for Lot 3 if public improvements are not installed. (c) 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. (d) If building permits are issued prior to the completion and acceptance of Public Improvements, the Developer shall assume all liability for the costs resulting in any delay in completion of Public Improvements and damage to any public improvements caused by the City, the Developer, is/her contractors, subcontractors, materialmen, employees, agents, or third parties. (e) The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. (f) This Agreement shall run with the land, shall be recorded against the title to the property, and shall be binding on all parties having any right, title or interests in the plat or any part thereof, their heirs, successors, and assigns. After the Developer has completed the work required of them under this Agreement, at the Developer's request, the City will execute and deliver to the Developer a release of this Agreement. (g) Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. (h) Should development of the lot proceed at a pace slower than anticipated, and for that reason, specific terms of this agreement become onerous or unduly burdensome to the Developer, upon his/her application, the City will enter into negotiations regarding those specific terms and shall not unreasonably withhold consent to appropriate changes in the terms of this Agreement. 8 (i) Developer has demonstrated compliance with the 1991 Wetland Conservation Act. (j) Developer shall be responsible for all on site drainage and ensure all on -site drainage drains into publicly dedicated storm water easement area. Specifically, Developer shall be responsible for any and all drainage problems related to on -site drainage facilities to be constructed in accordance with this agreement and Lot approval. (k) Separability. In case any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and any other application thereof shall not in any way be affected or impaired thereby. (1) Notices. Required notices to the Developer and Target shall be in writing, and shall be either hand delivered to the Developer and Target, their employees or agents, or mailed to the Developer and Target by registered mail at the following address: Ryan Companies US, Inc., Attn: Molly Carson, 50 South Tenth Street, Suite 300, Minneapolis, MN 55403- 2012 and Target Corporation, Attn: Sean Kelly, 1000 Nicollet Mall, TPS 3155, Minneapolis, MN 55403. Notice to the City shall be in writing and shall be either hand delivered to the City Clerk or Deputy City Clerk at the following address: City of Otsego, City Hall, 8899 Nashua Avenue NE, Otsego, MN 55330, Attention: City Clerk. 19. VIOLATION OF AGREEMENT. If, while the sureties provided pursuant to Paragraph 23 of this Agreement are outstanding, a violation of any of the convenants, terms, conditions or agreements herein contained occurs and such violation is not cured within thirty (30) days after written notice thereof from City to the offending party, the City may draw upon that party's Escrow Items surety and apply the amount so drawn to pay for said Escrow Items to the extent of surety so provided pursuant to Paragraph 23 hereof. 20. WARRANTY. The Developer warrants that the Public Improvements required to be performed by it against poor material and faulty workmanship for a period of one (1) year after its completion and acceptance by the City. 21. MAINTAIN PUBLIC PROPERTY DAMAGED OR CLUTTERED DURING CONSTRUCTION. Developer agrees to assume full fmancial responsibility for any damage which may occur to public property including, but not limited to, street, street subbase, base, bituminous surface, curb, utility system including, but not limited to, watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activity which takes place during its development 9 of the Lots, except for damage caused by City, Appello, as defined in Paragraph 2 herein, its employees, agents or contractors. Developer further agrees to pay all costs required to repair the streets and/or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place on the above - described lot. In the event Developer fails to maintain or repair the damaged public property referred to aforesaid, City may, upon notifying said party m writing and providing a reasonable time period to abate the situation, undertake making or causing it to be repaired or maintained. When City undertakes such repair, Developer shall reimburse City for all of its expenses within fourteen (14) days of its billing to the respective party in which repair was required. If Developer fails to pay said bill within fourteen (14) days, the Escrow Items surety shall be responsible for reimbursing City therefor. 22. AGREEMENT EFFECT. This Agreement shall be binding and extend to the respective representatives, heirs, successors and assigns of the parties hereto. 23. SECURITY FOR PUBLIC IMPROVEMENTS. In order to assure proper completion of all Public Improvements, Developer shall post a Letter of Credit in the amount of $151,875.00 ($121,500 x 125 %). Said Letter of Credit shall be for a term ending on August 1, 2008, but shall be renewed for an additional equal term if any obligations still remain at the time of expiration of the original Letter of Credit. The Letter of Credit may be reduced from time to time upon recommendation of the City Engineer, but shall not be reduced below 25% of the original amount until the City Engineer has fmally approved all Public Improvements set forth above. It shall be the responsibility of the Developer to notify City of the progress of the project and the need for additional or continued Security at least sixty (60) days prior to the expiration of the Letter of Credit. In the event that the Public Improvements are not timely or satisfactorily completed the City may, upon reasonable notice to Developer and opportunity to cure any deficiency, draw upon the Letter of Credit to cure any deficiencies or complete certain work. If City draws down the Letter of Credit it may include in any such draw any additional costs it incurs including, but not limited to, administrative fees, professional fees and attorney's fees. All Public Improvements shall be completed by December 31, 2007. Signatures will appear on the following pages 10 CITY OF OTSEGO Larry Fournier, Mayor And: Judy Hudson, City Clerk STATE OF MINNESOTA ) COUNTY OF WRIGHT ) SS. CITY OF OTSEGO ) On this day of August, 2007, before me personally appeared Larry Fournier and Judy Hudson to me known to be the persons described in the foregoing instrument and who did say they are, respectively, the Mayor and City Clerk of the municipal corporation named therein and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Larry Fournier and Judy Hudson acknowledged said instrument to be the free act and deed of said corporation. Notary Public 11 RYAN COMPANIES US, INC. By: Its: STATE OF MINNESOTA ) COUNTY OF ) SS. CITY OF ) On this day of August, 2007, before me personally appeared to me known to be the person described in the foregoing instrument and who did say they are the of Ryan Companies US, Inc., and that said instrument was signed on behalf of Ryan Companies US, Inc. with authority and said acknowledged said instrument to be the free act and deed of said entity. Notary Public 12 TARGET CORPORATION By: Its: STATE OF MINNESOTA ) COUNTY OF ) SS. CITY OF ) On this day of August, 2007, before me personally appeared to me known to be the person described in the foregoing instrument and who did say they are the of Target Corporation, and that said instrument was signed on behalf of Target Corporation with authority and said acknowledged said instrument to be the free act and deed of said entity. Notary Public DRAFTED BY: COURI MACARTHUR & RUPPE PLLP PO Box 369 705 Central Avenue East St. Michael, MN 55376 (763) 497 -1930 330123_7 13 GREAT RIVER CENTRE OF CYAN' BUILDING ,N� RELATIONSHIPS OTSEGO - PHASE 1 .µ COMP SO South 'Imh B..., R.be N4 BIWAHON, MN 5110.012 PARRISH AVENUE N.E. . WWWIWANCOIWANIESCON OTSEGO MINNESOTA GREAT RIVER CENTRE OF SITE CONSTRUCTION PLANS OTSEGO PHASE 1 LOCATION OTSEGO, • MINNESOTA SHIS. TITAN COVER SHEET PROJECT CONTACTS SHEET INDEX OWNER CIVIL ENGINEER • - 7/12/2007 01 COVER SHEET a...cwP.ME..w.w. UA PIO OO,nxlaAmOROrt'Emrt. W e COWAN. a,RN1eAR,ERf6lEIRrtfW N.NlIID11E.YIREN NPRRMONENN WM • - 7/12/2007 C2 SITE, SIGNAGE AND STRIPING PLAN WSW -MAL RAM TAROETWNORT WPM R. LM�EGNEE dry IMAM bRR.tlw HICOLL177.11 57.64000 ,R • 7 .6.. 0 � 7/12/2007 C3 DIMENSIONAL SITE PLAN MOW W �A�.RR Pm .mmm,. - owNERS REPRESRENTA1rvE LANDSCAPE u:cwrt�cT Ll 1H�,, • - 7/12/2007 C4 GRADING, DRAINAGE & EROSION CONTROL PLAN MEV wIMEmalElRrtso 41:1 • - 7/12/2007 C5 PAVING PLAN MOLLY CARSON IWOWAPC151.1517. ° e TAW • - 7/12/2007 C8-C9 PAVING PLAN INSETS GENRALaME1R11Ci0R "`�""—"— I ' • - 7/12/2007 C10 STORMWATER POLLUTION PREVENTION PLAN WPAiN00Ma .u0. WO. SURVEYOR ) 1 {. • • eevnow eenurREUrtwR I.C. 1 l \ - 7/12/2007 C11 UTILITY PLAN wr nuoaAR,WYmI wLaowr aowVE•NCB. �e • E.72.14 MS. • - 7/12/2007 C12 -C14 UTIU1 Y PLAN AND PROFILES 111.615.2.00 27005,177-5. 1 91M'0°' • - 7/12/2007 C15 STORM SEWER PLAN i ARCHITECT m I. %/,fBB \ � P. MOW / # • • - 7/12/2007 C16 CARL DETAILS . ` y \ - 7/12/2007 C17 CARL DETAILS 11.65 s • - 7/12/2007 C18 LIGHTING PLAN ° a '.'° . �..... A • - 7/12/2007 L1 LANDSCAPE PLAN ® ®® • • 7/12/2007 L2 LANDSCAPE DETAILS I N..ey oMRy Net MN 04011 Rof pnp�04 ty m. a un my Anot EupMYMlen aNl tlwe an \\ m . w ue 7.a umer the mwn or r,075150. PAIR REC. No. ../ Ti ..4. -- 1 - : .....or..ee..c 419411 nun R. LARS011 DATE DRAWING INDEX LEGEND JOB NUMBER 1118 701(1• .�/ /_ // / /// / / /��,///JJJ / / //// / / /�� niEOa.uEROaIlORRVMOEalmmINW.5 MO �J II�RDVED /, s _ , � '' 7 7 y �- YORRROIIIIOYrtImmREml • K C re ! i' r wnREa�RrwE aR iswio�omE p1Y I 1 - iX/XX/200XI cx SHEET TITLE LOCATION MAP , C1 p 3R RMIDx2 wrs 501110.0. 117/02.07 ITEM 5.9 Sherrie Le Human Resource and Labor Relations' Services, LLC Quality Service to Meet the Needs of Minnesota Communities Sherrie Le 974 Aspen Lane Lino Lakes, MN 550 sherriele@yahoo.com June 8, 2007 Proposal for Professional Human Resource Services Mike Robertson City of Otsego 8899 Nashua Ave. NE Elk River, MN 55330 Dear Mr. Robertson: Thank you for considering my firm for the human resource work you desire to have completed. I appreciate having the opportunity to submit this proposal and look forward to the opportunity to assist the City of Otsego. Sherrie Le Human Resource & Labor Relations' Services, LLC agrees to provide human resource services requested by the City for an hourly rate of $90 per hour, plus expenses, not to exceed $3,000. The initial project, as I understand it, involves analysis of the new City of Otsego Compensation Plan and Salary Administration Policies. I will recommend changes to ensure the Policies are clear, comprehensive and meet the needs of the City as relayed to me by the Finance Director and/or City Administrator. This initial project is estimated to take approximately 8 -15 hours of staff time. Travel to Otsego is not anticipated at this time. Expenses, if any, will include mileage up to IRS - approved rate. The proposal can be modified at your request. Additional items that come up may be added by agreement of both parties; additional costs may apply. The City will be billed for work performed 'and expenses incurred on a monthly basis. Upon approval by the City Council, the initial project could begin in July. Sincerely, Sherrie Le President and Chief Executive Officer Sherrie Le HR & LR Services, LLC If you have any questions or desire changes to this proposal, please feel free to contact me at (651) 770 -7216 or e-mail me at: sherriele @yahoo.com. I would be more than happy to discuss any aspect of the project with you. If you decide to accept my proposal, please print two copies of this proposal, sign both and return them to me for my signature. The terms contained herein for services described in this proposal are accepted and the above constitutes a contract between Sherrie Le Human Resource & Labor Relation's Services, LLC and the City of Otsego. Sherrie L. Le City of Otsego By By Sherrie Le Mayor President // City Administrator 1 ITEM 5_10 CITY OF OTSEGO Finance M emo To: City Council From: Gary Groen Date: August 7, 2007 Re: Dental Insurance Renewal The City currently provides dental insurance through AIG — Employer Plan Services. The policy is due for renewal on September 1, 2007. Our current dental carrier is proposing a 28% increase in the premiums beginning September 1. Our insurance agent has presented a proposal from Delta Dental. Delta Dental insurance premiums would be nearly the same as our current rate. The coverage can be transferred to Delta Dental as of September 1 with no increased cost to the City. A comparison of the two policies is attached. The staff recommendation is to accept the proposal of Delta Dental as our insurance carrier as of September 1, 2007. We are asking for the City Counc Ws approval. • Page 1 CITY OF OTSEGO DENTAL EFFECTIVE SEPTEMBER 1, 2007 , a sit . e q. � � ? x x �.3 B � s `` wyhi� rz a 0 a« 1 - fi � ,a ' Y � 4 ,,, �'Sa - ; :s .' y 10 0% covera • e 100% covera • e 100% covera • e x , 90 coverage 80% coverage 80% coverage ;.' e a t " 07� . , n, t 60% coverage 50 % coverage 50% coverage ® � : �, 90 coverage 80% coverage 50% coverage 4 � , 12 Months No waiting period ,, r:e ': a� $50 per person per calendar year $50 per person per calendar year � $150 per family per calendar year $150 per family per calendar year $100 per person per calendar year $1000 per person per calendar year Y. R N c overage available Available — employee choice for .:F -- A additional cost Current Renewal � � $33 Employee (EE) $42.71 Employee (EE) $33.85 $63.86 EE +Spouse $81.74 EE +1 $65.45 ,fr $62.25 EE +Child(ren) $79.68 $92.73 Family $118.69 _Family $89.30 ITEM 5_11 CITY OF OTSEGO Finance Memo To: City Council From: Gary Groen Date: August 7, 2007 Re: Building Safety Department Refund Policy The City is required by the Minnesota State Building Code to have a refund policy for the refund of permit fees, plan review fees and the state surcharges. The policy is attached and requires City Council approval. The staff is requesting approval of the attached policy. • Page 1 Subject: Refunds of Permit, Plan Review, and Surcharge Fees CITY OF OTSEGO BUILDING DEPARTMENT POLICY AND PROCEDURE Date: February 1, 2007 Issued By: Tim Rochel, Building Official Policy: All requests for cancellations of permits and refunds of fees must be in writing. The request must include a copy of the original permit and the reason why the refund is being requested. The request must come from the person, firm, or corporation that paid the original fees. Any request for refund must be made within 180 days of the date when the fee was paid or the request will not be considered. 100% of permit fees may be refunded when a fee was erroneously paid or collected. Examples include fees paid for a permit for an incorrect address of fees paid for a permit when it is later determined a permit is not required. This does not include situations where a contractor has obtained a permit and the building owner chooses to use a different contractor. Those refunds will be limited by the following. When no work has started, 80% of permit fees may be refunded when the permit fee paid is $125 or more. When the fee paid is less than $125, the refund shall be the fee paid minus $25 (ex. $75 fee paid minus $25 equals $50 refund). The 80 %/$25 minimum refund policy applies to permit fees paid by multiple contractors for the same work. If work has begun, refund requests will be considered on a case by case basis and only when a minimal amount of work is completed. When refunds are granted, they will be based on a pro rata share of 80% of the fee paid. If unusual circumstances occur, the building official may consider refund requests on a case by case basis based on the merits of the request. Plan review fees are collected at the completion of the plan review and shall not be subject to refund Surcharge fees will not be refunded once they are paid Procedure Upon receipt of a written request to cancel a permit and obtain a refund, a check request in an amount based on the above policy must be sent to Finance, which would include a copy of the refund request and a copy of the original permit if required by Finance. Copies of the refund request and the check request must be filed with the original permit and the permit must be voided. ITEM 5_12 CITY OF OTSEGO Finance M emo To: City Council From: Gary Groen Date: August 7, 2007 Re: Civic Systems annual conference The City contracts with Civic Systems for the utility billing software. The annual seminar /conference is a two day conference in Madison, Wisconsin scheduled for September 11 and 12. The registration is $140 per attendee and $109 per room for a one night stay. The City has used this software for one year. I believe it is very important to attend this conference this year. I am requesting approval for Mary Olson and Sue Frisch to attend this conference. • Page 1 ITEM 5_13 CITY OF OTSEGO Finance M emo To: City Council From: Gary Groen Date: August 7, 2007 Re: Revised and updated personnel manual The City's personnel manual has been updated to reflect the changes in the compensatory time policy and the prorated benefits for part-time employees that work more than 24 hours per week. The Council has previously discussed and _ approved the changes. Attached with this memo is the revised personnel manual for your review and approval. • Page 1 CITY OF OTSEGO PERSONNEL POLICY ADMINISTRATIVE ORGANIZATION SECTION 1 -1 PURPOSE It is the purpose of this personnel policy to establish a uniform and equitable system of personnel administration for employees of the City of Otsego. It is the policy of the City of Otsego not to discriminate in employment matters on the basis of race, creed, color, age, marital status, national origin, sex, status with regard to public assistance, or disability. SECTION 1 - 2 INTENTION OF CITY REGARDING POLICIES AND EMPLOYMENT Sec. 1 -2.1 The foregoing policies are unilaterally created and implemented by the City and are intended to serve only as guides for employment. THE POLICIES ARE NOT TERMS AND SHALL NOT BE REGARDED AS OR CONSTRUED AS CONTRACTUAL PROVISIONS. THE PROVISIONS MAY BE CHANGED AT ANY TIME BY A MAJORITY VOTE OF THE CITY COUNCIL. THE PROVISIONS SHALL NOT BE INTERPRETED AS CREATING ANYTHING OTHER THAN AN AT WILL EMPLOYMENT RELATIONSHIP, WHEREIN THE EMPLOYEE MAY TERMINATE HIS/HER EMPLOYMENT AT ANY TIME FOR ANY REASON AND THE CITY MAY TERMINATE THE EMPLOYEE AT ANY TIME FOR ANY REASON. Sec. 1 -2.2 This booklet is not a contract but is intended solely to give eligible employees a short description of the working conditions at this place of employment. If at any time there should be a conflict between a description in this booklet and a labor contract, personnel policy, or both, the terms of the actual contract or personnel policy will govern in all cases. Personnel policies are applied at the discretion of the City Council and may be withdrawn, applied, or amended at any time. The foregoing policies are not intended to in any way supersede or replace any applicable State or Federal laws. SECTION 1 - 3 CITY COUNCIL RESPONSIBILITIES Sec. 1 -3.1 The City Council shall in accordance with its statutory responsibility to manage the City, be responsible for the maintenance and periodic revision of personnel policy and the City's personnel program. SECTION 1 - 4 APPLICABILITY Sec. 1 -4.1 Only individuals occupying positions designated as "regular" or "probationary" full time by the City Council shall be covered by the provisions of this policy. Specifically excluded are temporary, seasonal, volunteer, or paid on call positions. "Regular" and "probationary" part time positions designated as such by the City Council shall be extended the provisions of this personnel policy only when the provision expressly indicates that it applies to such employees. 1 Sec. 1 -4.2 Elected officials, contract employees, contract consultants, members of appointed City boards, commissions, and committees, volunteer personnel, and emergency employees are all not within the scope of this Personnel Policy. Sec. 1 -4.3 Any individual receiving wages and benefits from the City pursuant to a Joint Powers Agreement between the City and other political subdivision are not within the scope of this personnel policy, but are, rather, subject to those policies of the Joint Powers entity. SECTION 1 - 5 DURATION OF EMPLOYMENT Sec. 1 -5.1 After an employee has successfully completed the probationary period after hire or promotion as indicated by a satisfactory performance evaluation, and as approved by the City Council, they shall be designated as a regular employee. Such designation shall be employed to differentiate between these employees and probationary or other employee classifications. The term 'regular' shall not be used to define duration of employment with the City. Employment shall remain at will and may be terminated by either the City or the employee at any time for any reason. SECTION 1 - 6 DISCRIMINATION Sec. 1 -6.1 No person shall be employed, promoted, demoted, or discharged by the city or in any way favored or discriminated against because of political opinions or affiliations, race, color, national origin, religion, sex, marital status, status with regard to public assistance or disability, or because of the exercise of rights under provisions of the public Employment Labor Relations Act, Minn, Stat. 179A.01 to 179A.25. No person who is between 18 and 70 years of age shall be discriminated against with reference to city employment in any way forbidden by federal or state law. SECTION 1 - 7 UNLAWFUL ACTS Sec. 1 -7.1 Falsification of records. No person shall knowingly make any false statement, certificate, mark, rating, or report in regard to any test, certificate, or appointment held or made under the city personnel system, or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions of this policy. SECTION 1 - 8 DEFINITIONS Sec. 1 -8.1 For policy purposes, the following terms shall have the meanings given herein: Sec. 1 -8.2 "Compensatory Time Off." Time off accrued by nonexempt employees who are eligible for overtime. Sec. 1 -8.3 "Exempt Employees" means employees who are assigned to executive, administrative, or professional positions which are exempt from the minimum wage and overtime compensation provisions of the Fair Labor Standards Act (FLSA). Sec. 1 -8.4 "Holiday Time" means the period of time between the commencement of the first shift on the day on which the holiday is observed continuing through twenty -four (24) consecutive hours thereafter. 2 Sec. 1 -8.5 "Non- Exempt Employees" means those employees assigned positions which are subject to the minimum wage and overtime compensation provisions of the Fair Labor Standards Act (FLSA). Sec. 1 -8.6 "Overtime Pay" means payment to non - exempt employees for services performed in excess of 40 hours per week and when the payments are required by applicable state and federal overtime laws, by an applicable collective bargaining agreement, or by written personnel policies. Vacation time and Personal time is not counted in calculating overtime hours. Sec. 1 -8.7 "Overtime Double Time" means the rate of pay for employees who work Sundays and holidays as overtime. Payment shall be twice the hourly rate. Sec. 1 -8.8 "Regular Full Time Position" means a group of duties and responsibilities requiring the employment of a person for at least forty (40) hours per week throughout the year, from year to year, and which have been defmed as regular full time by the City Council. Sec. 1 -8.9 "Regular Part-time Position" means a group of duties and responsibilities requiring the part-time employment of one person for a least fourteen (14) but less than forty (40) hours per week throughout the year, from year to year, and which have been defmed as regular part-time by the City Council. Sec. 1 -8.10 "Temporary Position" means a group of duties and responsibilities requiring the temporary or seasonal employment of one person without regard to the number of hours worked per day or per week by the individual. Sec. 1 -8.11 "Time and a Half' means the rate of pay to be compensated to employees who work over 40 hours in a week. The rate of pay shall be one and one half hours for every hour of overtime worked. SECTION 1 - 9 PROVISIONS SUPERSEDED IN CERTAIN CASES Sec. 1 -9.1 No provision of this Policy is intended to violate, supersede, or conflict with any applicable Constitution, statute or regulation, whether state or federal, or any provision of a collective bargaining agreement in effect between the City and any of its employees, and to the extent of any such violation the offending provision of this Policy shall be void, but all remaining provisions of this Policy shall remain in effect. SECTION 1 - 10 COMPENSATION Sec. 1 -10.1 Amount. Employees of the city shall be compensated according to the schedule established by the City Council. Any wage or salary so established is the total remuneration for employment, but shall not be considered as reimbursement for official travel or other expenses which may be allowed for the conduct of official business. Unless approved by the Council, no employee shall receive pay from the city in addition to the salary authorized for the position to which he or she has been appointed. Sec. 1 -10.2 Subject to MN Stat., 179A.25 but notwithstanding any other law to the contrary, the city shall, by August 1, 1991, establish equitable compensation relationships as prescribed by MN Stat. 471.991 to 471.999. Thereafter compensation of each class of city positions shall be fixed in compliance with the provisions of those statutes. Sec. 1 -10.3 Temporary. Temporary employees are not entitled to sick leave, vacation leave, or holidays with pay. 3 Sec. 1 -10.4 Employees to whom the Fair Labor Standards Act applies shall be compensated for overtime work at one and one -half times their regular rate of pay. Compensatory time off shall be taken as approved by the department head for periods of not less than one (1) hour at a time. Employees may accrue up to forty (40) hours between December 1 and November 30 each year. Hours of compensatory time not taken by November 30 shall be paid to the employee as hours worked at the applicable rate of pay. Sec. 1 -10.5 Paydays. Employees shall be paid bi- weekly on Wednesdays. When a pay day falls on a holiday, employees shall receive their pay the preceding work day. Sec. 1 -10.6 Work hours. Work schedules for personnel shall be established by the appropriate department head with the approval of the City Administrator and/or the City Council. PROBATION SECTION 2 -1 PROBATIONARY PERIODS Sec. 2 -1.1 Objective: The probationary period shall be regarded as an integral part of the selection process and shall be utilized by supervisors for closely observing the employee's work. Performance, skills and ability demonstrated during the probationary period shall be evaluated by the supervisor to recommend or deny regular appointment. Sec. 2 -1.2 Duration: Every person appointed to a position, including promotional positions, shall be required to successfully complete a probationary period. The probationary period shall be a minimum of six (6) months which may be extended in certain circumstances to enable the immediate supervisor to observe the employees' ability to perform the duties of the position. The probationary period shall begin immediately upon appointment and shall normally continue for the period established. If the probationary period is a result of promotion, employee benefits will not be discontinued for the duration of the period. EMPLOYEE BENEFITS SECTION 3 -1 ELIGIBILITY Sec. 3 -1.1 Employee benefits mentioned in this section apply to all employees except seasonal, contract, part-time under 24 hours per week, temporary, paid on call, or volunteer employees, except when such groups are expressly included by the provisions of this policy. Regular employees who are hired for positions requiring less than full time may be granted certain employee benefits enumerated in this policy as determined by the City Council, provided that the granting of such benefits shall be based on a ratio of the employee's actual working hours as compared to a full time position of two thousand eighty (2080) hours per year. 4 SECTION 3 -2 VACATION & PERSONAL LEAVE Sec. 3 -2.1 Vacation. Vacation will accrue according to the following schedule for regular full -time employees: YEARS ACCRUAL PER VACATION IN OF EMPLOYMENT PAY PERIOD HOURS PER YEAR* 0 through 1 year 1.54 hours 40 hours 2 through 5 years 3.08 hours 80 hours 6 through 9 years 4.62 hours 120 hours 10 through 14 years One additional day for each year 15+ years 6.15 hours 160 hours * Effective beginning January 1, 2007 vacation time will begin accruing on Employee's anniversary (hire) date. Sec. 3 -2.2 Personal Leave. Employees will receive 40 hours of Personal Leave per year once they have passed their probationary period. There shall be no accrual of Personal Leave. Sec. 3 -2.3 Vacation Leave will be classified as leave which is scheduled in advance with department approval. Sec. 3 -2.4 Employees may carry over up to 80 hours of vacation per calendar year. There shall be no carry over for Personal Leave; it must be used by December 31 of each calendar year. Sec. 3 -2.5 The City will provide short (STD) and long term disability (LTD) insurance for each employee. The coverage pays weekly benefits beginning on the first day of disability caused by an injury or the eighth day of disability resulting from sickness. Sec. 3 -2.6 An employee receiving payments under the City's STD or LTD insurance plan will not accrue annual leave. Sec. 3 -2.7 Administration of Vacation and Personal Leave. The following procedures shall be followed in administering annual leave for regular full time and regular part time employees. Sec. 3 -2.7.1 Employees may not use Vacation and Personal Leave in excess of the amount they have accrued without departmental approval. Sec. 3 -2.7.2 Vacation and Personal Leave cannot be transferred from one employee to another. Sec. 3 -2.7.3 Vacation Leave shall accrue during the probationary period. Vacation and Personal Leave shall not be available for use until after successful completion of the probationary period. Sec. 3 -2.7.4 Vacation Leave shall not be earned by an employee during leaves of absence without pay. Sec. 3 -2.7.5 Supervisors shall establish procedures for scheduling leaves over as long a period as possible, giving consideration to the needs of the City services and the ability of the remaining staff to perform work responsibilities. Sec. 3 -2.7.6 Vacation Leave shall normally be scheduled in periods of one week (40 hours), but in no case less than half that employee's normal workday (For example, no less than 4 hours of an 8 hour work day). 5 Sec. 3 -2.7.7 Personal Leave may be used in no less than one (1) hour increments. Sec. 3 -2.7.8 Vacation and Personal Leave shall be calculated as follows: if an employee is on leave during a regularly scheduled eight -hour day, eight hours will be considered; the same shall apply for 4, 9, and 10 hour days. SECTION 3 - 3 HOLIDAYS Sec. 3 -3.1 The City observes the following to be official holidays for regular and probationary full time City employees and part-time employees if the holiday is a regularly scheduled work day; New Year's Day (January 1st) Martin Luther King, Jr.'s Birthday (3rd Monday in January) Presidents Day (Third Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4th) Labor Day (First Monday in September) Veteran's Day (November 11th) Thanksgiving Holiday (Fourth Thursday in November) Christmas Day (December 25th) Sec. 3 -3.2 Holiday Leave. All regular full time employees will be eligible to receive one day or commensurate hours (dependent upon the number of regularly scheduled hours) of holiday leave, to be known as a floating holiday, which shall be taken at a time mutually agreed upon by the Employee, and their supervisor. A floating holiday shall not be scheduled on the same day as another holiday. A floating holiday must be used the year received or it will be lost. Sec. 3 -3.3 Holiday leave shall be administered according to the following: A. All official holidays shall be considered to commence at the beginning of the first shift on the day on which the holiday is observed and continue for twenty four (24) consecutive hours thereafter. B. Regular and probationary full time employees will be entitled to receive pay for official holidays at their regular straight time pay provided they have worked the day prior and the day after the official holiday, or if they are on vacation the day prior and the day after the holiday. C. Employees who are required to work on a holiday recognized by the City shall receive double pay depending upon their eligibility as determined by the City Council. D. When a holiday falls upon a Saturday, the preceding Friday shall be observed as the holiday. When a holiday falls upon a Sunday, the following Monday shall be observed as the holiday. SECTION 3 - 4 EMERGENCY/FUNERAL LEAVE Sec. 3 -4.1 Emergency /funeral leave may be granted to regular full time City employees by the employee's immediate supervisor. To be eligible for emergency /funeral leave an employee must furnish adequate proof that a death has occurred within the employee's immediate family or 6 that a member of the immediate family suffers from a debilitating personal illness or accidental bodily injury such that his/her physical care required the continuous presence of the employee. Sec. 3 -4.2 The term "immediate family" shall include spouse, mother, father, children, step - children, brother, or sister of the employee; or grandmother or grandfather of the employee or spouse, mother -in -law or father -in -law, brother -in -law, or sister -in -law of the employee. Relatives of the employee other than those above listed shall not be considered members of the immediate family for the purposes of this policy. Sec. 3 -4.3 Paid emergency /funeral leave may be granted for one or two work days where the supervisor concludes such leave is warranted. SECTION 3 -5 MILITARY LEAVE Sec. 3 -5.1 The reinstatement of rights of any employee who entered the military service of the United States by reason of a Law enacted by Congress or who voluntarily enlisted during the effective period of such law shall be determined in accordance with the provisions of the law granting such rights. Sec. 3 -5.2 Employees who are members with active status with an armed forces reserve unit shall be granted military leave when called to authorized training or active service. Such employee shall receive a maximum of fifteen (15) days leave in any calendar year which may be allowed provided that the employee appropriately requests such leave in writing accompanied with a copy of the official written orders; returns to City employment immediately following such authorized leave and immediately submits verification of all military pay received to the immediate supervisor. Employees on authorized military leave shall receive the difference between their normal salary and military pay for the approved period. The City cannot require that an employee on military leave use accrued paid leave. While on such authorized leave, employees shall not lose seniority status or benefits normally accorded them as a City employee. SECTION 3 -6 JURY DUTY LEAVE Sec. 3 -6.1 Full time employees shall be granted paid leaves of absence for required jury duty provided that such duty does not exceed one - hundred twenty (120) hours in any one calendar year. Employees shall receive that portion of their regular straight time pay which will, together with their jury pay, equal their total compensation for the same period. The time spent on jury duty shall not be counted as time in computing overtime. Employees excused or release from jury duty during their regular working hours shall report to their supervisors immediately thereafter. Sec. 3 -6.2 Employees shall notify their supervisor as soon as possible after receiving notice to report for jury duty. The employee will be responsible for ensuring that a report of jury duty and pay form is completed by the clerk of the court each week so that City will be able to determine the amount of compensation due for the period involved. 7 SECTION 3 -7 LEAVE OF ABSENCE WITHOUT PAY Sec. 3 -7.1 Supervisors may, giving consideration to the needs of the City and the ability of the remaining staff to accomplish work responsibilities, authorize regular employees to be absent without pay for personal reasons for a period or periods not to exceed a total of ten (10) working days in any calendar year. Requests for leave of absence without pay in excess of ten (10) days in a calendar year must be submitted to and approved in advance by the City Council. Employees shall request such leaves of absence without pay in writing in advance of the date so desired indicating the reason(s) for absence, the specific absence period and anticipated date of return to work. Sec. 3 -7.2 Leaves of absence will not be given for the purpose of enabling any employee to work for another employer or to engage in any form of self - employment. Any employee who obtains a leave of absence by misrepresenting the purpose therefore shall be discharged. Sec. 3 -7.3 While on approved leave of absence without pay exceeding ten consecutive working days, an employee will not receive city contributions to city sponsored insurance(s) in which he /she is a member or be eligible to accrue vacation or holiday pay. Nor will the time on leave of absence without pay be considered for purposes of calculating time in active service where the period exceeds ten consecutive working days. Exceptions may be made for employees during active status with the armed forces. 3 -7.4 The City acknowledges these provisions are not intended to modify or replace any rights to any employee that are granted under State or Federal law. SECTION 3 - 8 INSURANCE Sec. 3 -8.1 Benefits under City authorized insurance programs are governed by the terms and condition of the respective insurance policies, administrative interpretations thereof, and administrative procedures established unilaterally by the City. The City Council may authorize the participation of regular part time employees in these programs. SECTION 3 - 9 DEFERRED COMPENSATION Sec. 3 -9.1 Deferred compensation plans, which defer a portion of the employee's income for retirement purpose and shelters such deferred amounts from state and federal taxes, may be made available to all regular full time City employees. SECTION 3 - 10 FLEXIBLE BENEFIT PLAN Sec. 3 -10.1 A flexible benefit plan which allows an employee to set aside pre -tax income for deductible medical and child care is available to all regular full time City employees. It provides them with a choice among different combinations of medical care benefits, dependent care benefits, and direct compensation. Sec. 3 -10.2 Each participant may designate a portion of their compensation as Pay Conversion Contributions. These contributions may be applied toward the following benefits: A. Medical Expense Reimbursement Benefit. This benefit has been established by the Employer to help provide full and complete medical care for those employees who 8 participate in the Employer's cafeteria plan and who choose to make contributions to a medical expense reimbursement account. It is intended to provide reimbursement of deductibles, co- payments, and coinsurance amounts that a participant may be required to pay, as well as reimbursement of other medical and hospitalization expenses covered by this plan. B. Dependent Care Assistance Plan. This plan has been established by the Employer as a dependent care assistance program for the benefit of employees who participate in the cafeteria plan and who choose to make contributions to a dependent care expense reimbursement account. It is intended to provide reimbursement for eligible expenses for the custodial care of a child or other eligible dependent when such custodial care is needed to enable the participant and his or her spouse (if applicable) to remain employed. C. Premiums for Health/Dental Insurance. A participant may NOT allocate an amount of contribution toward a non -City provided benefit or policy, even if that benefit or policy is owned by the participant. Sec. 3 -10.3 The Plan Document that details each benefit. Participants are given a Summary Plan Description upon entering the plan is on file at Otsego City Hall. EXEMPT EMPLOYEES SECTION 4 -1 ELIGIBILITY FOR EXEMPT STATUS Sec. 4 -1.1 All employees of the City of Otsego that are exempt under the Fair Labor Standards Act minimum wage and overtime regulations, or covered under a collective bargaining contract, are subject to the following subsections. SECTION 4 - 2 SALARIED EXEMPT EMPLOYEES Sec. 4 -2.1 The City Administrator and all Department Directors shall be employed as salaried employees. As such, their salary shall be determined by the Council and once determined the salary shall be divided into twenty -six equal pay periods throughout the calendar year. This salary shall be deemed to be the full and entire salary of those employees. These employees shall not be eligible for overtime. Sec. 4 -2.2 As salaried employees, they will be expected to log their hours and their work day will vary. Their regular work days shall be based upon their department schedule. On occasion, they are required to work on Holidays, Saturdays or Sundays and these will not be considered extra work days and they will not be compensated additionally for them. Sec. 4 -2.3 If a full day is taken off, it must be used as vacation or personal leave. Sec. 4 -2.4 Over a sustained year period, it is expected that salaried employees shall put in at least as many hours as would an hourly salaried employee considered to be full -time. SECTION 4 - 3 SALARY REVIEW Sec. 4 -3.1 It shall be the general policy to review salaries and establish salary adjustments on an annual basis effective with the first day of January in each year. The City Administrator does retain the right to recommend salary adjustments in mid year due to the responsibilities, the 9 quality of the work or the demands of the job description. EMPLOYEE RESPONSIBILITY SECTION 5 -1 RESPONSIBILITIES OF CITY EMPLOYEES Sec. 5 -1.1 Efficient and effective delivery of municipal services requires active effort and cooperation between City employees and the general public. It is particularly important that all work undertaken by City employees be accomplished expeditiously, efficiently and economically. To reach this goal, the establishment of rules for employee conduct and responsibility are required. Sec. 5 -1.2 It shall be the responsibility of all employees to: A. Perform their assigned duties and responsibilities to the best of their ability at all times, and to continually strive to improve their performance. B. Render prompt, friendly and courteous service to the public at all times. C. Read, understand and comply with the rules and regulations as set forth in the personnel policy, administrative regulations and departmental rules. D. Conduct themselves with decorum and respond to inquires and information with patience and every possible courtesy. E. Report all unsafe conditions to their supervisor, report all injuries to their supervisor and file the appropriate accident or injury related reports immediately. F. Recommend ideas for improving City services or methods of achieving greater efficiency or economy. SECTION 5 - 2 SEXUAL HARASSMENT Sec. 5 -2.1 PURPOSE: It is the City of Otsego's policy that the work force environment and the City's employees will be free of sexual harassment and that all individuals will be treated with respect. Sec. 5 -2.2 POLICY: The City's policy is that: Sec. 5 -2.3 Sexual harassment of employees is prohibited. Sec. 5 -2.4 This policy will apply to all officials and employees of the City of Otsego. Sec. 5 -2.5 Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, and other verbal, visual or physical conduct of a sexual nature when: A. Submission to such conduct is made either implicitly or explicitly a term or condition of an individual's employment: B. Submission to or rejection of such conduct by an individual is used as a basis for an employment decision affecting that individual's employment: C. Such conduct has a purpose or effect of substantially interfering with an individual's work performance of creating an intimidating, hostile, or offensive working environment. Sec. 5 -2.6 Behavior which may constitute sexual harassment includes, but is not limited to: A. Verbal harassment (e.g., epithets, derogatory remarks, or slurs): 10 B. Physical harassment (e.g., touching, gestures, assault, impeding or blocking movement, or any physical interferes with normal work or movement); C. Visual forms of harassment (derogatory posters, letters, poems, graffiti, cartoons, or drawings); and D. Requests for sexual favors or unwelcome sexual advances. Sec. 5 -2.7 Any employee who feels he or she is being subjected to sexual harassment in any form, or who believes he or she has witnessed sexual harassment in any form, must contact his or her supervisor, the Department Head or City Council immediately. If allegations are brought against a supervisor or department head, such allegations are to be brought directly to the City Council. If allegations are made against any elected official they shall be brought to the City Council through the Mayor or a member of the Council who is not the subject of said allegations. All supervisors are required to report immediately any allegation to the Department Head, and City Council. Only persons with a need to know of the allegation or its resolution will be made aware of the issue. Sec. 5 -2.8 Any complaints which are made will be investigated in a timely fashion. All employees shall cooperate in any investigation of such a complaint. If the facts support the allegations, the perpetrator of the sexual harassment will be subject to disciplinary action. Any employee found to have made a false complaint of sexual harassment or found to have given knowingly false information during an investigation of such a complaint will also be subject to disciplinary action. SECTION 5 - 3 DISCIPLINE Sec. 5 -3.1 Disciplinary Action. Employees shall be subject to disciplinary action for failing to fulfill their duties and responsibilities, including but not limited to: A. Negligence or carelessness in the performance of a duty, such as in the handling or control of municipal property equipment or funds; B. Offensive or inappropriate conduct or language toward City employees or other persons; C. Violation of any provisions of this policy, ordinances, order of the City Council or City Administrator or adopted Council or Administrative Policy; D. Inappropriate acceptance of fees, gifts, or other benefit in the course of the employee's work; E. Incompetence or inefficiency in performance of duties; F. Failure to obey any lawful and reasonable direction given by an employee's supervisor, City Administrator, or City Council; G. Conviction of a crime which affects or relates to the performance of assigned duties; H. Using, threatening, or attempting to use the political influence or unethical pressure to influence on a promotion, leave, transfer or absence, increased compensation, other benefit, or any other matter in which the employee has an interest. Unethical pressure shall include offers of gifts or other special benefits, coercion, collusion, threats of blackmail, requests for favoritism, and use of unfair advantage; I. Absence from work without prior approval in accordance with this policy; 11 J. During assigned work schedules: (1) consuming or being under the influence of alcoholic beverages, (2) having the odor of an alcoholic beverage or non- alcoholic replica on the breath, or (3) consuming or being under the influence of a controlled substance, other than one prescribed by a physician which does not impair the ability to perform assigned duties; K. Excessive tardiness or abuse of sick leave privileges; L. Theft of public property, pilferage, or other unauthorized use or taking of public property; M. Discrimination or harassment of any City employee or any other person during work hours based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age; N. Engaging in a conflict of interest or performing public duties in a situation where the employee has a conflict of interest; O. Dishonesty in the employee's performance of duties, or making any false statements or material omissions in any matter relating to the employee's duties or employment, including employment and promotion applications and work undertaken in the scope of employment; P. Acting or failing to act in a manner otherwise specified that tends to lower discipline or morale among City employees, brings or tends to bring discredit to the City, its elected officials or employees, or that adversely affects the City. Speech that is protected by the First Amendment of the U.S. Constitution shall not be a basis for a discipline; Q. Failure to report an accident to a supervisor immediately upon occurrence. In the case of an accident involving a vehicle the Wright County Sheriff's Department must be notified and a report written; R. Use of city vehicles, property or equipment for unauthorized reasons. Sec. 5 -3.2 It shall be the policy of the City to administer disciplinary action uniformly and without discrimination. Discipline will be based upon the nature and severity of the infraction and the conditions surrounding the incident. Generally accepted principles of progressive discipline will be used where practical. Sec. 5 -3.2 Disciplinary Process. Except for severe infractions, disciplinary action will progress in the following manner: A. Oral reprimand. B. Written reprimand. A written reprimand shall state that the employee is being warned for misconduct; describe the misconduct; describe past actions taken by the supervisory to correct the problem; urge prompt correction or improvement by the employee; include timetables and goals for improvement when appropriate; and outline future penalties should the problem continue. C. Suspension without pay. Prior to the suspension without pay, the employee shall be notified in writing of the reason for suspension and its length. Upon the employee's return to work, the employee shall be given a written statement outlining further disciplinary actions should the misconduct continue. D. Termination. The City Council may terminate an employee. The City shall provide written notice to that employee prior to taking fmal action regarding termination. The 12 notice shall contain the reasons for the termination; the employee's rights and the veteran's preference law if a veteran; a statement indicating that the employee may respond to the charges both orally and in writing and that the employee may appear personally before the City Council. The City Administrator shall issue reprimands, but the City Council must order and approve all suspensions, and terminations. Section 5 -3.3 Other Disciplinary Actions. The following other disciplinary actions may be imposed on any employee after steps A and B above have been followed: A. Involuntary Demotion. B. Forced transfer to a comparable position. C. Withholding a salary increase or decreasing the employee's salary or hourly wage. SECTION 5 - 4 REPORTS OF DISCIPLINARY ACTION Sec. 5 -4.1 The City Council shall be promptly notified of all disciplinary action taken against an employee. Proper record of written reprimands, notices of demotion, suspension, or discharge are to become a part of the employee's personnel file. Employees subject to discipline will receive notices of such discipline. RETIREMENT BENEFITS SECTION 6 -1 PUBLIC EMPLOYEES' RETIREMENT ASSOCIATION (PERA) Sec. 6 -1.1 All persons hired for regular full and part time positions and certain temporary positions with the City of Otsego are members of the Public Employees Retirement Association. Employees shall have deductions made for the PERA, as established by law, from each payroll, unless changed by contract. Sec. 6 -1.2 Every employee shall be subject to the provisions of the Federal Social Security Old -Age and Survivor Insurance Program, and deduction to cover such payments will be made from each payroll. GENERAL PERSONNEL POLICY PROVISIONS SECTION 7 -1 REPORT OF PERSONNEL CHANGES Sec. 7 -1.1 The City Council shall prescribe the necessary forms for reports of all personnel changes. Such forms shall provide spaces for entering such supporting or other pertinent information as the City Council shall deem necessary. 13 SECTION 7 -2 CONFLICT OF INTEREST Sec. 7 -2.1 The credibility of local government rests heavily upon the confidence which citizens have in public employees to render fair and impartial services to all without regard to personal interest and/or political influence. The delivery of public services to our citizens requires that City employees scrupulously avoid any activity which suggests a conflict of interest between their private interest and City responsibilities. Employees of the City, or their family members, shall not engage or have financial interest in any business or other activity which could reasonably lead to a conflict of interest with the employee's primary City responsibilities. "Family members" shall be deemed to be the employee, the spouse of the employee and the parents, children, and siblings of the employee or spouse and/or the lineal descendants of any of them. Sec. 7 -2.2 Examples of activities which are not in accordance with this policy include, but are not limited to: 1) Having an interest in any business which has contracts or other direct dealings with the City of Otsego; 2) Activities which require the employee to interpret City Codes, ordinances or regulations when such activity involves matters with which the employee has business and/or family ties; 3) Consulting activities carried out within the City of Otsego if such consulting involves talents or skills primarily related to the employee's City work responsibilities. Sec. 7 -2.3 Any employee engaging in any activity involving either an actual or potential conflict of interest or having knowledge of such activity by another employee shall promptly report the same to the City Council. The City Council shall investigate the matter and make a determination as to whether or not an actual or potential conflict exists. Sec. 7 -2.4 If the City Council determines a conflict exists, it shall be presumed that the continuation of the practice would be injurious to the effectiveness of the employee in carrying out the employee's responsibilities. In such cases the employee shall immediately terminate the conflicting activity or be subject to termination of employment. SECTION 7 -3 CHILD SUPPORT OR SPOUSAL MAINTENANCE Sec. 7 -3.1 Newly hired employees will be asked at the time of hire whether they are required by court order to pay child support or spousal maintenance (alimony) which is required by law to be withheld from their income. Those who answer yes will be asked to supply the City of Otsego with a copy of the order. SECTION 7 -4 RECEIPT OR SOLICITATION OF GIFTS Sec. 7 -4.1 No employee shall receive or solicit any gift from any person, business or organization having any business, administrative, legislative, contractual or any other relationship with the city if the gift could be perceived to or could influence actions of an official nature. A gift is any money, tangible or intangible personal property, food, beverage, loan, promise, service or entertainment exceeding $10.00, or such amount as may be set by state 14 statute. Sec. 7 -4.2 Departments may adopt more stringent requirements but any such requirements shall be communicated to the employee and City Council by official notice at least once each calendar year or shall be part of the official written procedures of the department. Sec. 7 -4.3 Rendering of consideration. No person seeking employment to or promotion in the municipal service shall either directly or indirectly give, render, or pay any money, service, or other valuable consideration to any person, or on account of or in connection with the test, appointment, or promotion, or proposed appointment or promotion. SECTION 7 - 5 WORKER'S COMPENSATION Sec. 7 -5.1 Officials under workers' compensation act. Pursuant to Minn. Stat. 176.011, Subd. 9, clause 6, the elected officials of the city and those municipal officers appointed for a regular term of office are hereby included in the coverage of the Minnesota Workers' Compensation Act. Sec. 7 -5.2 Exposure to hazardous substances. Any employee routinely exposed to hazardous substances or harmful physical agents as defined in the Minnesota Employee Right to Know Act of 1983 (Laws 1983, Ch. 316, Minn. Stat. 182.65- 182.675) shall be trained before being assigned or reassigned work exposing the employee to such substances or agents and shall be given training annually thereafter. Training shall include an explanation of how and where information about hazards is stored in the work place, how the hazards are labeled, and where to obtain specific information. The supervisor (or other designated official) shall provide for such training and for compliance with the "Minnesota Employee Right to Know Act of 1983," including the establishment of specific policies to insure compliance with the state law and regulations. An employee acting in good faith has the right to refuse to work under conditions which the employee reasonably believes present an imminent danger of death or serious physical harm to the employee. SECTION 7 - 6 WHISTLEBLOWERS Sec. 7 -6.1 Pursuant to Minn. Stat. 181.932, the City of Otsego will not discharge, discipline, threaten, or otherwise discriminate against, or penalize an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because: Sec. 7 -6.1 a Employee, or person acting on behalf of an employee, in good faith, reports a violation or suspected violation of any federal or state law or rule adopted pursuant to law to the City of Otsego or to any governmental body or law enforcement official; Sec. 7 -6.1 b The employee is requested by a public body or office to participate in an investigation, hearing, inquiry; or Sec. 7 -6.1 c The employee refuses the City's order to perform an action that the employee has an objective basis in fact to believe violates any State or Federal law or rule regulation adopted pursuant to law, and the employee informs the City of Otsego that the order is being refused for that reason. Sec. 7 -6.2 No city official or law enforcement official will disclose, or cause to disclose, the identity of any employee making a report or providing information under Whistleblowers provisions without the employee's consent unless the investigator determines that disclosure is necessary for prosecution. If the disclosure is necessary for prosecution, the employee will be 15 informed prior to the disclosure. Sec. 7 -6.3 Employees shall not make any statements or disclosures pursuant to this section knowing that they are false or that they are in reckless disregard of the truth. Sec. 7 -6.4 This section does not permit disclosures that would violate federal or state law or diminish or impair the right of any person to the continued protection of confidentiality or communications provided by common law. SECTION 7 - 7 NOTICE OF REASONS FOR TERMINATION Sec. 7 -7.1 An employee who has been involuntarily terminated may, within five working days following such termination, request in writing that the City of Otsego inform the employee of the reason for the termination. Within five working days following receipt of such request, the City of Otsego shall inform the terminated employee in writing of the truthful reason for the termination. Sec. 7 -7.2 No communication of the statement furnished by the City of Otsego to the employee under Whistleblower provisions may be made the subject of any action for libel, slander, or defamation by the employee against the City of Otsego. SECTION 7 - 8 DRUG - FREE WORKPLACE Sec. 7 -8.1 No employee of the City of Otsego shall manufacture, distribute, dispense, possess, or use a controlled substance in the work place. Violation of this provision may result in immediate termination of employment or other disciplinary action as determined by, and at the sole discretion of, the Otsego City Council. Sec. 7 -8.2 Drug and Alcohol Testing Policy for Drivers of Commercial Vehicles. As mandated by applicable State and Federal laws, all City employees whose job duties require operating a commercial motor vehicle and who are required to hold a commercial driver's license (CDL) shall be subject to the City's Drug and Alcohol Testing Policy for Drivers of Commercial Vehicles. Sec. 7 -8.3 Drivers of City Vehicles. As regulated by State Law, employees of the City of Otsego Building and Maintenance Department who operate a city -owned vehicle in the regular course of their duties are subject to the City of Otsego's Drug and Alcohol Testing Policy for City Vehicles as it pertains to them. SECTION 7 - 9 ANTI NEPOTISM POLICY Sec. 7 -9.1 All applicants, current employees and elected officials are subject to the City of Otsego's Anti- Nepotism Policy. A copy of this policy is available at Otsego City Hall. 16 ITEM 5_14 CITY OF OTSEGO 08/08/07 9:31 AM Page 1 Cash Balances Current Period: JUNE 2007 MTD MTD Current FUND Descr Account Debit Credit Balance CASH & INVESTMENTS GENERAL FUND G 101 -10100 $1,267,009.27 *217,925.14 *1,327,356.39 PARK AND REC DO NOT USE G 201 -10100 *0.00 *0.00 80.00 FIRE FUND G 202 -10100 *0.00 *0.00 *0.00 PARK DEVELOPMENT G 203 -10100 *10.00 *8,556.67 *1,366,366.20 INSURANCE RESERVE G 204-10100 *0.00 W.00 *65,191.84 PARK SHELTER FUND G 205 -10100 *0.00 50.00 *0.00 CAPITAL EQUIPMENT REVOLVING G 206 -10100 W.00 *19,194.48 *250,460.94 PARK TREE FUND G 207 -10100 *0.00 *0.00 *3,200.79 COMMUNITY CENTER FUND G 208 -10100 *0.00 *0.00 $919,130.62 ER Fire District G 210 -10100 *0.00 *0.00 -$10,376.62 Albertville Fire District G 211 -10100 *0.00 *14,109.90 *89,601.04 Rogers Fire District G 212 -10100 *0.00 *0.00 *19,899.48 Monticello Fire District G 213 -10100 *0.00 *5,533.50 *2,470.81 Citywide Stormwater(NPDES 1I) G 222 -10100 *0.00 *0.00 - *5,901.78 BUILDING PERMIT FEES G 250 -10100 *112,695.69 *37,911.57 *405,828.45 GENERAL DEBT SERVICE G 301 -10100 *0.00 *0.00 *0.00 1996 GO DEBT SERVICE G 302 -10100 *0.00 *0.00 *362.80 W & S DEBT SERVICE (E. WWTP) G 315 -10100 *35,175.00 *0.00 *525,813.04 1999 Bituminous Debt Service G 316 -10100 *465.80 *0.00 *46,199.25 99 Equip Debt ServiceG 321 -10100 *0.00 *0.00 *0.00 Waterfront West/85th DS G 350 -10100 *0.00 *0.00 *105,986.37 West W & S Debt Service Fund G 360 -10100 *95,475.00 *0.00 *7,486,826.66 Quaday Debt Service -2004 Bond G 365 -10100 *0.00 *0.00 *111,635.53 East Phase 1I1 Debt Service G 370 -10100 *0.00 *0.00 *0.00 WATERFRONT EAST & MISS. SHORES G 375 -10100 *0.00 *0.00 - $7,338.27 2006 Street Improvement G 380 -10100 *0.00 *0.00 *551,658.31 2007 Public Facility Lease Rev G 385 -10100 *10,754.06 *0.00 *10,754.06 MUNICIPAL BUILDING CONSTUCT G 402 -10100 *0.00 $0.00 *192,054.24 COLLECTOR RDS (FORMERLY MSA) G 403 -10100 *0.00 *0.00 *580,072.74 WATERSHED PROJECT FUND G 404-10100 *0.00 $0.00 i0.00 No. Mississippi Watershed G 405 -10100 $0.00 *0.00 -$274,602.89 Lefebvre Watershed G 406 -10100 $0.00 *120.00 *80,306.17 Hall's Pond Watershed G 407 -10100 *0.00 $0.00 - 586,407.44 Otsego Creek Watershed G 408 -10100 *0.00 $158,065.17 *908,703.67 So. Mississippi Watershed G 409 -10100 *0.00 *0.00 *69,580.00 ISLAND VIEW 1996 PROJECT G 411 -10100 *0.00 *0.00 $0.00 94-12 ODEAN G 412 -10100 $0.00 *0.00 *0.00 1998 ODEAN PROJECT G 413 -10100 $0.00 *0.00 - *62,473.74 Revolving Capital Improvements G 414 -10100 *0.00 *375.00 *884,465.98 WATER & SEWER CONST -E. Phase 1 G 415 -10100 *0.00 *0.00 *0.00 1999 Bit. Capital Project G 416 - 10100 $0.00 $0.00 $0.00 78th, Page & Quaday S & W G 417 -10100 $0.00 *0.00 *0.00 78th Street Construction G 418 -10100 *0.00 $0.00 - $218,373.36 78th, Page & Quaday Storm Swr. G 419 -10100 *0.00 *0.00 *0.00 CITY OF OTSEGO 08/08/07 9:31 AM Page 2 Cash Balances Current Period: JUNE 2007 MTD MTD Current FUND Descr Account Debit Credit Balance Page Ave. Street Construction G 420 -10100 $0.00 $0.00 $0.00 99 Equipment Certificates G 421 -10100 $0.00 $0.00 $0.00 88th Street Improvement G 422 -10100 $0.00 $0.00 $0.00 Quaday Watefront Project G 423 -10100 $0.00 $0.00 $0.00 CITY WIDE ST ACCESS FEE G 424 -10100 $0.00 $0.00 $63,450.00 G 425 -10100 $0.00 $0.00 $0.00 Quaday & CSAH 37 G 426 -10100 $0.00 $5,970.12 $205,677.65 MACIVER/70TH ST ACCESS G 427 -10100 $0.00 $2,373.47 $52,049.45 WEST WATER PROJ G 428 -10100 $0.00 $310.62 - $548.50 WWTP -East Phase 2 G 429 -10100 $0.00 $0.00 $0.00 West Trtmnt Plant -Phase 1 G 430 -10100 $0.00 $0.00 - $13,390.53 Slab Town W & S G 431 -10100 $0.00 $0.00 - $17,251.65 East WWTP Phase III G 432 -10100 $0.00 $0.00 $141,127.72 85TH STREET EXTENT G 434 -10100 $0.00 $0.00 $0.00 85th Street Project - East G 435 -10100 $0.00 $0.00 $0.00 85th Street Project - West G 436 -10100 $0.00 $0.00 $0.00 87TH /OBRIAN IMPROV G 437 -10100 $0.00 $0.00 $0.00 KADLER, 70th ST., & CSAH 19 TO G 440 -10100 $0.00 $0.00 $501,481.53 Otsego City Campus G 441 -10100 $0.00 $21,775.80 $1,058,644.03 G 442 -10100 $0.00 $0.00 $0.00 HWY 101 Project Costs G 443 -10100 $0.00 $0.00 $0.00 SE Utilities Project G 444 -10100 $0.00 $446,593.98 $2,711,493.21 Waterfront West G 445 -10100 $0.00 $0.00 $0.00 RANDOLPH STREET ACCESS FEES G 450 -10100 $0.00 $0.00 $0.00 Waterfront East/Miss. Shores G 475 -10100 $0.00 $635.95 $24,998.19 I94 /CASH 37 Project G 480 -10100 $0.00 $11,561.72 - $32,662.81 Street Impr. Fund - 2006 G 485 -10100 $0.00 $541,170.96 - $657,790.77 194 Industrial Park - W/S PROJ G 490 -10100 $0.00 $2,210.58 $14,940.96 2007 Grenins, Friendship &Quan G 495 -10100 $0.00 $13,984.07 - $27,328.50 WELLHEAD PROTECTION PROJECT G 499 -10100 $0.00 $903.00 - $3,484.29 WATER FUND G 601 -10100 $72,666.23 $58,380.98 $583,898.29 SEWER FUND G 602 -10100 $51,883.92 $67,709.95 - $432,587.50 G 699 -10100 $0.00 $0.00 $0.00 DEVELOPMENT ESCROWS FUND G 701 -10100 $3,783.62 $37,976.69 $1,262,560.83 BUILDERS ESCROW FUND G 702 -10100 $7,000.00 $15,500.00 $216,980.31 Wetland Escrows G 703 -10100 $0.00 $0.00 $10,533.00 Total CASH & INVESTMENTS $1,656,918.59 $1,688,849.32 $21,001,241.88 Cash with Fiscal Agent 1999 Bituminous Debt Service G 316 -10101 $0.00 $0.00 $0.00 Total Cash with Fiscal Agent $0.00 $0.00 $0.00 Change Fund WATER FUND G 601 -10150 $0.00 $0.00 $150.00 SEWER FUND G 602 -10150 $0.00 $0.00 $150.00 Purchase Maturity 1/1/07 Interest 6/30/07 Type Location Date Date Rate Beg Bal Purchases Earned Sales End Bal CD Bank of ER - 47061 7/14/06 1/12/07 5.04% 535,462.05 13,456.67 548,918.72 0.00 CDARS Bank of ER 12/22/06 1/18/07 5.10% 1,000,000.00 1,000,000.00 0.00 CD EJ - Darby Bank & Trust 7/19/05 1/19/07 3.90% 97,000.00 97,000.00 0.00 CD EJ - Premier Bank 7/22/05 1/22/07 3.95% 28,000.00 28,000.00 0.00 CD EJ - Hibernia Nat'1.Bank 7/26/05 1/26/07 4.00% 97,000.00 97,000.00 0.00 GA MBS - FHLB 7/26/05 1/26/07 4.00% 200,000.00 200,000.00 0.00 CD MJSK - Commerce NB, Columbus, 0 8/8/05 2/8/07 4.15% 94,058.11 94,058.11 0.00 GA MBS - FHLB 2/13/06 2/16/07 4.833% 150,910.94 150,910.94 0.00 CD Bank of ER - 44003 12/3/05 3/3/07 4.70% 630,404.98 7,477.36 637,882.34 0.00 CD MBS - PrimeSouth Bank 3/7/05 3/16/07 3.75% 98,000.00 98,000.00 0.00 CD Riverview 3/23/05 3/23/07 4.47% 515,732.29 515,732.29 0.00 CDARS Bank of ER 9/28/06 3/29/07 5.20% 1,500,000.00 1,500,000.00 0.00 CD MBS - Somerset Trust Co. 4/6/05 4/6/07 4.00% 100,000.00 100,000.00 0.00 CD Bank of ER - 31522 4/10/01 4/10/07 4.25% 134,582.37 2,867.15 137,449.52 0.00 CD Bank of ER - 31523 4/10/01 4/10/07 4.25% 134,582.37 2,867.15 137,449.52 0.00 CD Bank of ER - 31524 4/10/01 4/10/07 4.25% 134,582.37 2,867.15 137,449.52 0.00 CD Bank of ER - 42036 4/12/05 4/12/07 4.25% 423,476.92 9,021.77 432,498.69 0.00 CD Bank of ER - 42037 4/12/05 4/12/07 4.00% 212,315.55 4,255.79 216,571.34 0.00 CD EJ - Resource Bank, Virginia 4/19/06 4/19/07 5.00% 83,000.00 83,000.00 0.00 CD Bank of ER - 32637 4/23/01 4/23/07 4.43% 119,329.81 2,666.87 121,996.68 0.00 CDARS Bank of ER 3/29/07 4/26/07 5.25% 1,000,000.00 1,000,000.00 0.00 CD MJSK - Eastside Comm Bank 11/9/05 4/30/07 4.70% 93,532.43 6,467.57 100,000.00 0.00 GA MBS - FHLB 1/17/06 5/10/07 4.83% 164,808.26 1,191.74 166,000.00 0.00 CDARS Bank of ER 4/26/07 5/24/07 5.10% 750,000.00 750,000.00 0.00 GA MBS - FHLB 9/30/05 5/25/07 4.314% 267,559.31 - 2,559.31 265,000.00 0.00 CD First National - ER 12/8/03 6/6/07 4.25% 564,153.60 24,498.41 588,652.01 0.00 CDARS Bank of ER 3/29/07 6/28/07 5.25% 800,000.00 800,000.00 0.00 CD Bank of ER - 46807 6/26/06 6/26/07 5.15% 506,490.41 19,761.16 526,251.57 0.00 GA MBS - FHLB 9/26/06 6/29/07 5.245% 178,625.65 1,374.35 180,000.00 0.00 CD First National - ER 1/5/06 7/5/07 5.00% 750,000.00 750,000.00 CD Bank of ER - 24682 7/8/98 7/8/07 4.96% 139,736.88 3,477.35 143,214.23 CD Bank of ER - 34796 7/9/02 7/9/07 4.96% 224,561.13 5,588.19 230,149.32 CD Bank of ER - 34798 7/9/02 7/9/07 4.96% 224,561.13 5,588.19 230,149.32 CD Bank of ER - 47062 7/14/06 7/14/07 5.05% 506,364.38 12,830.93 519,195.31 GA NS - FNMA DEBT 9/27/06 7/15/07 5.0103% 799,139.41 799,139.41 CD EJ - Plunder Bank 7/22/05 7/23/07 4.05% 69,000.00 69,000.00 CD EJ - Washington Mutual 7/25/05 7/25/07 4.05% 97,000.00 97,000.00 CDARS Bank of Elk River 6/28/07 7/26/07 5.08% 0.00 1,300,000.00 1,300,000.00 CD EJ - MB Financial Bank 7/29/05 7/27/07 4.10% 56,000.00 56,000.00 GA NS - Fed Home Loan Banks 4/11/06 8/8/07 5.092% 49,835.91 49,835.91 GA NS - FNMA DEBT 9/27/06 8/15/07 5.0097% 1,999,526.83 1,300,000.00 699,526.83 GA NS - FHL Mortgage 9/15/05 8/15/07 4.0994% 293,930.00 293,930.00 0.00 CD Bank of ER - 32778 9/6/01 9/6/07 4.96% 117,505.96 1,437.11 118,943.07 GA NS - FNMA DEBT 9/27/06 9/15/07 5.0143% 850,221.65 850,221.65 CD Bank of ER - 32780 9/17/01 9/17/07 4.96% 469,931.07 5,747.32 475,678.39 CD MJSK - Ind Bank of Austin, TX 9/27/05 9/20/07 4.60% 91,649.14 91,649.14 CD Riverview 3/23/05 9/23/07 3.46% 263,295.95 7,022.42 270,318.37 0.00 CDARS Bank of ER 9/28/06 9/27/07 5.30% 1,500,000.00 1,500,000.00 CDARS Riverview 9/29/05 9/29/07 4.50% 270,297.38 270,297.38 CDARS Bank of ER 4/12/07 10/11/07 5.25% 1,000,000.00 1,000,000.00 CD MJSK - Assurance Partners, Carmel, 1 10/13/05 10/12/07 4.60% 91,585.67 91,585.67 GA NS - FHLB 3/27/06 10/24/07 4.999% 297,003.12 297,003.12 GA NS - FHLB 12/9/05 11/2/07 4.7799% 733,970.00 733,970.00 GA NS - FHLB 12/2/04 11/28/07 3.68% 800,332.11 800,332.11 GA NS - Federal Home Ln Mtge (CTFS P 4/13/06 12/1/07 5.00% 98,857.82 8,675.93 90,181.89 GA NS - FHLB 9/29/05 12/18/07 4.1496% 511,262.93 511,262.93 GA NS - FHLB 3/27/06 12/28/07 4.9995% 590,113.67 590,113.67 CD Bank of ER - 21458 12/31/96 12/31/07 4.91% 308,191.92 3,731.23 311,923.15 CD EJ - Alliance Bank 1/24/07 1/24/08 5.10% 0.00 87,000.00 87,000.00 CD EJ - Home Federal Savings 1/26/07 1/25/08 5.10% 0.00 90,000.00 90,000.00 CD EJ - Northeast Bank 1/26/07 1/25/08 5.10% 0.00 90,000.00 90,000.00 CD MBS - Discover Bank 1/31/07 1/31/08 5.25% 96,000.00 96,000.00 GA MBS - Fed Nat'l Mtge Ass'n 3/13/06 2/25/08 5.175% 245,112.50 245,112.50 GA NS -FNMA Term Notes 4/4/07 2/28/08 5.019% 994,273.33 994,273.33 CD NS - Americaunited Bank, Schambur1 3/16/05 3/17/08 4.00% 97,005.00 97,005.00 CD Riverview 3/23/07 3/23/08 5.30% 0.00 515,732.29 23,453.20 539,185.49 CDARS Bank of ER 3/29/07 3/29/08 5.25% 1,500,000.00 1,500,000.00 GA MBS - FNMA 2/27/06 5/22/08 5.00% 149,879.17 149,879.17 CD Bank of ER - 49898 3/3/07 6/5/08 5.20% 400,000.00 400,000.00 CD MBS - Westem Bank, Mayaguez, PR 1/31/07 7/31/08 5.20% 50,000.00 50,000.00 GA NS - FHL Banks (Callable 6/30/05) 12/3/04 9/3/08 4.00% 500,005.00 500,005.00 CD MBS - FHLMC 3/27/06 9/15/08 5.32% 250,645.49 250,645.49 CD MJSK - Bank of Eastman, Georgia 3/31/06 9/29/08 5.28% 87,906.27 87,906.27 CD MJSK - Peninsula Bank 3/30/07 9/30/08 5.30% 92,619.34 92,619.34 CD MBS - Kent Comm Bank, Kentwood, 1/26/07 1/26/09 5.194% 96,738.10 96,738.10 CD MBS - First Comm Bank, Douglasvill 2/21 /07 2/23/09 5.25% 100,000.00 100,000.00 GA NS - Federal Home Ln Mtge 4/17/06 2/24/09 4.13% 244,105.73 244,105.73 GA NS - FHL Mtg Corp 2/1/06 3/3/09 4.999% 196,006.33 196,006.33 CD MBS - RG PremierBank, PR Hato Re; 3/16/07 3/9/09 5.20% 97,096.73 97,096.73 CD MBS- National Bank, Norwich, New 4/11/07 4/13/09 5.00% 97,000.00 97,000.00 CD MJSK - First Centennial, Redlands, C. 5/1/07 4/20/09 5.30% 90,534.78 90,534.78 CD EJ- Franklin Bank 4/25/07 4/27/09 5.00% 83,000.00 83,000.00 CD MBS - Mercantile Bank, Grand Rapid 5/29/07 5/29/09 5.05% 97,000.00 97,000.00 CD MBS- Univest National Bank 6/14/07 6/8/09 5.30% 97,709.76 97,709.76 CD MBS Bank of Northern Michigan 6/29/07 6/29/09 5.30% 97,000.00 97,000.00 CD MBS - Southport Bank, Kenosha, WI 2/16/07 7/31/09 5.20% 49,935.68 49,935.68 GA NS - Federal Home Loan Banks 4/17/06 8/13/09 5.2689% 160,120.91 160,120.91 GA NS - FHLB 2/28/06 8/28/09 4.9993% 250,005.00 250,005.00 CD MBS - ANB Financial 5/30/07 11/30/09 5.05% 99,000.00 99,000.00 CD MBS_Commerce Bank, Geneva, MN 5/31/07 11/30/09 5.05% 75,000.00 75,000.00 CD MBS CFBank, Fairlawn, Ohio 6/29/07 12/28/09 5.25% 99,042.72 99,042.72 GA NS - Oregon School Bonds 2/14/06 6/30/10 5.00% 48,669.63 48,669.63 CD MJSK - Capital City Bk & Trust, Atla 10/12/05 10/4/10 5.14% 77,887.29 77,887.29 CD MJSK - KeyBank N.A. 1/4/06 12/20/10 5.30% 78,256.33 78,256.33 GA NS - FHLB 2/24/06 2/24/11 5.2995% 250,005.00 250,005.00 GA NS- Eastern Iowa Community 6/20/07 6/1/12 5.1500% 0.00 152,702.42 152,702.42 Totals: 26,203,091.13 6,644,682.73 165,089.77 12,582,745.55 20,582,820.50 PLUS Edward Jones Funds: 433.63 Northland Securities: 27,776.06 * Multi-Bank Securities: 1,350.00 * Plus MJSK Funds -Money Market: 0.92 * Total: 20,612,381.11 Checking: 388,860.77 Investments Scheduled Above: 20,612,381.11 Total: 21,001,241.88 ITEM 5_15 CITY OF OTSEGO Finance M emo To: City Council From: Gary Groen Date: August 7, 2007 Re: Computer server systems The City needs to replace the computers at the service counters for both administration and building safety. There is a planned replacement schedule for the City's computer hardware. The two service counter computers will be transferred to the public works department. Softroniics has provided the City's technical support for several years. Attached are the estimates for the review and approval of the City Council. • Page 1 Page 1 of 1 Kathy Grover -rom: "Robert Snavely" <softronics @charter.net> o: "'Kathy Grover'" <finance @ci.otsego.mn.us> Sent: Thursday, August 02, 2007 7:54 AM Subject: Computer price estimates Price estimates for the server computer systems Processor: Dual Core Intel® Xeon 3040, 2MB Cache, 1.86GHz, 1066MHz FSB or Core -2 -Duo E6750 CPU, 4MB L2 Cache 64 -bit, 2.66GHz, 1333FSB RAM: 1 to 2 GB PC6400 DDR2 /800 Dual Channel Memory HDD: 160GB to 250GB 7.2K RPM Serial ATA (3Gbps) CD/DVD: 48X CD -ROM to 18X DVD±R/±RW + CD -R/RW Dual Layer Drive Monitor: ViewSonic TFT Active Matrix SXGA LCD Display 1280x1024 or equivalent Operating System: Microsoft Small Business Server 2003 R2 Cost estimate per computer: $1900 to $2400 depending on the range of selected hardware CaII me on my cell phone (612) 802 -3352 if you have any questions Thanks! Rob Z ( e w 7 S 8/2/2007 ITEM 5_16 PAY ESTIMATE #1 CITY OF OTSEGO SEWER EXTENSION TO GRENIN'S MISSISSIPPI HILLS July 26, 2007 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Sewer Extension to Grenin's Mississippi Hills Contractor Kober Excavating, Inc. Contract Amount: $114,175.74 Award Date: May 29, 2007 Completion Date: Dear Honorable Mayor and Council Members: The following work has been completed on the above- referenced project by Kober Excavating, Inc. Bid Schedule "A" - Sewer Improvements ITEM ESTIMATED CONTRACT UNIT USED TO NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION 1 Mobilization 1 LS $4,300.00 $ 4,300.00 1 $ 4,300.00 _ 2 Remove Septic Tank 12 EA *390.00 $ 4,680.00 $ - 3 Salvage HDPE Sewer Pipe (Storm) 30 LF $8.54 $ 198.20 8.5 $ 55.59 4 Replace HDPE Sewer Pipe (Storm) 30 LF $17.00 $ 510.00 8.5 $ 144.50 5 Salvage Septic pod 15 EA *260.00 $ 3,900.00 5 $ 1,300.00 6 Salvage Septic Equipment 4 EA $220.00 $ 880.00 $ - 7 Site Grading 1 LS $8,900.00 , $ 6,900.00 $ - 8 Aggregate Surfacing Class 5 140 TON *19.00 $ 2,660.00 $ - 9 21" RC Pipe Sewer Design 3006 CUII 24 _ LF $33.00 $ 792.00 $ - 10 21" RC Pipe Apron 3006 CLIII 2 EA $840.00 $ 1,280.00 $ - 11 4" PVC Sanitary Service Pipe 440 LF $13.00 $ 5,720.00 34.1 $ 4,459.00 12 4" Cleanout Assembly 4 EA $160.00 $ 640.00 4 $ - 640.00 13 8" PVC Pipe Sewer SDR 35 (0 -10 feet) 538 LF *13.00 $ 6,994.00 538 $ 6,994.00 14 8" PVC Pipe Sewer SDR 35 (10 -12 feet) 65 LF $14.00 $ 910.00 65 $ 910.00 15 8" PVC Pipe Sewer SDR 35 (12 -14 feet) 60 LF $16.00 $ 960.00 60 $ 980.00 16 8" PVC Pipe Sewer SDR 35 (14 -16 feet) 70 LF *18.00 $ 1,260.00 70 $ 1,260.00 17 8"x4" Service PVC Wye 7 EA $69.00 $ 483.00 7 $ 483.00 18 4' Insulation 704 SF $3.27 $ 2,302.08 704 $ 2,302.08 19 3" HDPE Pipe Sewer (Directionally DrRed) 1,050 LF *13.00 $ 13,850.00 1,000 $ 13,000.00 20 Combination Air Valve w/ Manhole 1 EA *3,700.00 $ 3,700.00 1 $ 3,700.00 21 3" Gate Valve and Box 2 EA $760.00 $ 1,520.00 2 $ 1,520.00 22 Connect to Existing Sanitary Sewer Service 4 EA *670.00 $ 2,680.00 $ - 23 Connection to Existing 3" HDPE Forcemain 4 EA $550.00 $ 2,200.00 4 $ 2,200.00 24 Test existing 3° HDPE Forcemain 1 LS *870.00 $ 870.00 0 $ - 25 Televise sanitary sewer 746 LF *1.01 $ 753.46 $ - 26 Repair Underground Lawn Sprinkler System 4 EA *540.00 $ 2,180.00 $ - 27 Sitt Fence type machine sliced 1,250 LF $1.94 $ 2,425.00 885 $ 1,716.90 28 Turf Establishment 1 LS *4.600.00 $ 4,600.00 $ - 29 Sodding 2,000 SY $2.55 $ 5,100.00 $ - 30 48" Diameter Manhole (0-8 feet) 2 EA *3,000.00 $ 6,000.00 2 $ 8,000.00 31 Package Lift Station for 9 RECs 1 EA $23,150.00 $ 23,150.00 0.9 $ 20,835.00 Total Bid Schedule "A" $ 114,175.74 $ 72,780.07 S:WiunicipaMOTSEG0A633\Pay Estimates10T633PE PE - PAY ESTIMATE #1 CITY OF OTSEGO SEWER EXTENSION TO GRENIN'S MISSISSIPPI HILLS Bid Schedule "B" - Change Order No. 1 ITEM ESTIMATED CONTRACT UNIT USED TO NO. ITEM D ESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION City Sewer Manager request for cold contacts to indicate pump 1 running, pump 2 running, 1 highwater. 1 _ LS $211.00 $ - 1 $ 211.00 City Sewer Manager request for oversized 2 recessed padlock asssembly on access hatch. 1 LS $140.67 $ - 1 $ 140.67 Encountered abandoned 6" & 12" drain tile lines. These lines were full of water. Smashed pipe ends to plug. 1 hour downtime for crew to 3 remove water from trench. 1 LS $682.47 $ - 1 _ $ 682.47 Total Bid Schedule "B" - $ - - - -- _ -- - $ 1.034.14 Bid Schedule "A" $ 114,175.74 $ 72,780.07 Bid Schedule "B" $ - $ 1,034.14 TOTAL $ 73,814.21 Total Work Completed to Date $ 73,814.21 LESS 5% RETAINAGE: $ 3,690.71 WE RECOMMEND PAYMENT OF: $ 70,123.50 APPROVALS: CONTRACTOR: KOBER EXCAVATING, INC. Certification by ontractor: I ' th all items and amounts are correct for the work completed to date. Signed:: Title: 1 f'i 4 s ,,r -1 Date 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:\Municipal%OTSEGO \633\Pay Estimates \OT633PE PE - 2 Mn /DOT TP- 2184 -02 (5/83) State of Minnesota Department of Transportation Page 1 of 1 CHANGE ORDER #1 Contractor: Kober Excavating, Inc. S.P. No. N/A Address: 16112 Jarvis Street N.W. F.P. No. N/A Elk River, MN 55330 Location: Sewer Extension to Grenin's Mississippi Hills Contract No. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: You are hereby requested to comply with the following changes from the contract plans and specifications. The items added are listed as follows: ESTIMATE OF COST Added Items ITEM NO. ITEM NAME UNIT QUANTITY UNIT PRICE AMOUNT 1 City Sewer Manager request for cold contacts to LS 1 $ 211.00 $ 211.00 indicate pump 1 running, pump 2 running. 2 City Sewer Manager request for oversized LS 1 $ 140.67 $ 140.67 recessed padlock assembly on access hatch. 3 Encountered abandoned 6" & 12" drain tile lines. LS 1 $ 683.47 $ 683.47 These lines were full of water. Smashed pipe ends to plug. 1 hour downtime for crew to remove water from trench. Original Contract Amount $114,175.74 Change in Contract due to this Change Order $ 1,034.14 Total Contract Amount $115,188.42 Issued by: Project Engineer Date Approved by: Otsego City Official Date Accepted by: (4 a Contrac or's Authorized Representative Date ot633C0#1 ITEM 5_17 FINAL - PAY ESTIMATE NO. 8 CONTRACTOR CITY OF OTSEGO Waterfront East Street and Utility Construction Project 04 -08 July 16, 2007 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 RE: WATERFRONT EAST, COP 04-08 Final - Pay Estimate No. 8 Contractor: Veit & Companies, Inc. Original Contract Amount $ 1,650,674.80 Revised By Change Orders Contract Amount $ 1,887,727.80 Award Date: May 11, 2005 Substantial Completion Date: December 15, 2005 Dear Honorable Mayor and Council Members: The following work has been completed on the above referenced project: TOTAL CONTRACT AMOUNTS ACCUMULAT E D QUANTITIES TO DATE Bid Schedule "A" - Street Construction Quantity Completed this Pay item S Description Estimated Quantity Unit Price Extension period Extension 1 MobNizahon 1 _ LS 545.00000 545,000.00 1.00 145,000.00 2 Remove Existing 24' & 27' RCP 225 LF 511.00 52,475.00 150 $1.650.00 3 Remove Existing 15' RCP 65 LF 511.00 5715.00 65 5715.00 4 Remove Existing Curb inlet Stnlctwe 2 EACH 585.00 $170.00 2 $170.00 5 Remove Existing Curb & Gutter 860 LF S1.20 51,032.00 520 5624.00 6 Remove F istiing Concrete Medan 350 SY 51.50 3525.00 300 1450.00 7 Remove Bituminous Pavement 3,920 - SY 32.00 57.840.00 3,920 $7.840.00 8 Sawing Bid Pavement (FuH Depth) 250 LF S325 5812.50 250 $812.50 9 Savage & Reinstall Sign 4 EACH S110.00 3440.00 4 3440.00 10 Grarxdar Fee , 12,000 CY S1.50 518.000.00 12,000 $18,000.00 11 Topsoil Shipping (P) - 1,000 CY 31.50 51,500.00 1,000 11,500.00 12 Class 5 Aggregate Base (r) 5,033 TON $11.00 555.363.00 4,984 354.824.00 13 M8 Bituminous Surface 30 SY 517.50 3525.00 30 1525.00 14 Type LV 4 Wearing Course Mbdare (B) 1,405 TON S32.9D $46,224.50 1,141 537,538.90 15 Type LV 3 Non - Wearing Course Mixture (B)(2.5') 1,273 TON 530.80 139,208.40 1.504 546,322.58 16 Bituminous 'Material For Tads Coat 450 GAL 51.80 $810.00 75 5135.00 17 Adjust Valve Box 22 , EACH 3350.00 57.700.00 12 54.200.00 18 Adust Frame & ITrng Casting 8 _ EACH $600.00 51,800.00 8 34,800.00 19 Concrete Curb & Gutter Design 8618 2,708 LF $8.00 521,664.00 2,805 122.440.00 20 Tra Mc Control 1 LS , 15,000.00 35,000.00 1.00 $5,000.00 21 MAg Panels. Type _C 65 SF 324.50 $1,592.50 - 65 51,592.50 22 Pavement ;WOW -Epoxy 6 EACH 5125.00 3750.00 6 1750.00 23 Pavement Message PONLY") - Epoxy 6 EACH $175.00 $1,050.00 0 $0.00 24 4' Solid Line White - Epoxy 800 IF $0.60 5480.00 1,526 3915.60 25 4' Broken Strip Line WHIe - Epoxy 240 IF $0.60 5144.00 149 $89.40 26 24' Stop Une White - Epoxy 60 LF 10.50 $390.00 6D 5390.00 27 4' Sold Une Yellow - Epoxy 3,504 LF 50.60 $2.102.40 3,074 $1,844.40 28 24' Sold Line Yellow - Epoxy , 576 LF $2.50 31,440.00 233 $582.50 29 Bioiog Erosion Check 200 LF 56.80 $1.360.00 0 $0.00 30 Slit Fence, Type Machine Sliced 4,000 _ LF 51.60 56.400.00 3,000 $4.800.00 Total Sid Schedule "A" 1275,513.30 $263,951.38 onn.AY6s,.w,r NO. ..RIM PE -1 FINAL - PAY ESTIMATE NO. 8 CONTRACTOR CITY OF OTSEGO Waterfront East Street and Utility Construction Project 04-08 • ACCUMULATED TOTAL CONTRACT AMOUNTS QUANTITIES TO DATE BM Schedule "B" - Watenntain Quantity Completed item 8 Description this Pay Estimated Quantity Unit Price Extension period Extension 31 Connect to Existing Wateimain 2 LS 8750.00 51,500.00, 2 51,500.00 32 12" Ductile Iron Pipe CI 52 1940 LF $52.00 5100,880.00 1,914 599,528.00 33 8' Dudde Iron Pipe CI 52 525 LF 542.00 522,050.00 1,095 545,990.00 34 6" Ductile tan Pipe CI 52 80 LF 527.00 82,160.00 279 57.533.00 35 1 -1/2" Copper Service Pipe 60 IF 530.00 51,600.00 50 51.500.00 36 1 -1/2" Service Tap and Curb Stop 1 EACH 5750.00 5750.00 1 5750.00 37 Ductile Iron Fittings 3000 LB 84.00 512,000.00 3,000 512,000.00 38 12' DIP Cut-in Sleeve 2 EACH 8450.00 8900.00 2 5900.00 39 1? Butterfly Valve and Box 8 EACH 51,450.00 511,600.00 11 815,950.00 40 8' Gate Valve and Box 3 EACH 51,050.00 53,150.00 3 53,150.00 41 6" Gate Valve and Box 10 EACH 5800.00 59000.00 13 510,400.00 42 Hydrant 8 EACH 52.225.00 517,800.00 9 520.025.00 43 Hydrant Extension 8 LF 5450.00 53,600.00 0 50.00 44 Salvage and Reinstall 12' Plug 1 EACH 8300.00 $300.00 1 $300.00 45 2' Insulation 1000 SF 5125 51,250.00 1,000 51,250.00 12 - DIP CL 52. Fastite Jt., Instaded by Jactdng and Boring or 20" 46 Steel Casing 450 LF 5240.00 5106,000.00 450 810%000.00 Total Bid Schedule "B" 5295.740.00 5328,776..00 ACCUMULATED TOTAL CONTRACT AMOUNTS QUANTITIES TO DATE BM Schedule "0" - Sanitary Sewer Quantity Completed this Pay item* Description Estimated Quantity Unit Price Extension period Extension 56 8' PVC SDR 35 8.10' Deep 335 LF 516.00 55,360.00 339 55.424.00 57 8' PVC SDR 3510 -12' Deep 270 . LF 525.00 56,750.00 664 516,600.00 58 8' PVC SDR 35 12-14' Deep 350 LF $30.00 510.500.00 80 82,400.00 59 8" PVC SDR 3514 -1G Deep 340 J LF _ 532.00 510.880.00 100 53.200.00 60 8 PVC 513R 3516 -16' Deep 430 LF 543.00 818.490.00 303 513.029.00 61 10" DIP CL 52, Faslke JL.16.18' Deep 34 LF 5110.00 53,740.00 65 57.150.00 62 8' PVC SOR 35 Service lateral 250 , IF 519.00 81,750.00 256 54,864.00 83 Standard Sanitary Sewer Manhole 0-8' Deep 9 EA 52,800.00 525,200.00 7 519,600.00 64 Marsh de Overdeplh 50 VF 5185.00 $9,250.00 22 54,07900 65 Remove Existing Manhole 8 Connect to Existing Sanitary Sewer 1 EA 8850.00 5850.00 1 5850.00 66 6" PVC Riser Pipe 30 VF 520.00 5600.00 36 8720.00 67 8516" PVC Wye 6 EA 575.00 5450.00 6 5450.00 68 6' Pty 6 EA 510.00 860.00 6 560.00 69 Package Sanitary U6 Station 1 LS 525.000.00 525.000.00 1 525.000.00 70 3' PVC SDR 21 Force Main _ 585 LF S10.00 55.650.00 560 55.600.00 71 Televise Sanitary Sewer 1725 LF 50.50 5882.50 1,551 577550 Total Bid Schedule "C" 512%39250 5109.79250 07ehrAvnT"rTEw.11-141w1. PE -2 FINAL - PAY ESTIMATE NO. 8 CONTRACTOR CITY OF OTSEGO Waterfront East Street and Utility Construction Project 04 -08 ACCUMULATED TOTAL CONTRACT AMOUNTS QUANTITIES TO DATE Bid Schedule "D" • Storm Sewer, Detention Pond and South Ditch Quantity Completed this Pay Item # Description Estimated Quantity Unit Price Extension period Extension 72 12' X 6' Concrete Box Culvert- Straight Section, Class 2(3' -8' cover) 600 LF $525.00 $315,000.00 600 1315,000.00 73 12' X 6' Concrete Box Culvert-Curved Section,Class 2(3' -8' cover) 198 LF $525.00 $103,950.00 198 $103,950.00 74 7'X 5' Concrete Box Culvert- Straight Section, Class 2(3' -8' cover) 36 LF $320.00 $11,520.00 36 111,520.00 75 27 "RCP Class III 268 LF $43.00 $11,524.00 122 15,246.00 76 18 "RCP Class III 160 LF $30.00 $4,800.00 297 $8,910.00 77 15 "RCP Class III 130 LF $28.00 $3,640.00 245 $6,860.00 78 2T FES w/Trash Guard _ 3 EACH $950.00 $2,850.00 2 $1,900.00 79 18" FES w /Trash Guard 2 EACH $650.00 11,300.00 2 11,300.00 80 15" FES w/Trash Guard 1 EACH 1600.00 $600.00 1 $600.00 81 48" Skimmer Outlet Structure 1 EACH $2,100.00 $2,100.00 1 $2,100.00 82 48" Catch Basin Manhole 5 EACH $1,550.00 17,750.00 8 112,400.00 83 60" Catch Basin Manhole 1 EACH $2,000.00 $2,000.00 1 12,000.00 84 12'x6' Box Culvert Cast -in -place Concrete Headwall 1 EACH $30,000.00 $30,000.00 1 $30,000.00 85 7'x5' Box Culvert Cast -in -place Concrete Headwall 2 EACH $20,000.00 $40,000.00 2 f40,000.00 86 Random RipRap Class III 40 CY $100.00 $4,000.00 40 $4,000.00 87 Random RipRap Class V 670 CY $100.00 $67,000.00 740 $74,000.00 88 Gravel Filter Bed Under Rip Rap 350 CY $55.00 $19,250.00 40 52,200.00 89 Filter Fabric Under Gravel Filter Bed 1000 SY $1.00 $1,000.00 1,000 11,000.00 90 Common Excavation- Detention Pond & Ditch 200,800 CY $0.55 1110,440.00 200,800 $110,440.00 91 Topsoil Stripping (P) _ 39,500 CY $2.35 $92,825.00 39,500 192,825.00 92 Waste Topsoil Replacement Fill 76,500 CY $0.01 $765.00 76,500 $765.00 93 Seeding Mixture - 606 2,550 LBS $2.10 $5,355.00 2,634 15,531.40 94 Commercial Fertilizer, 10 -10-10 8,500 LBS $0.45 $3,625.00 3,737.5 11,681.88 95 Erosion Control Blanket - Category 2- Straw 1S 63,000 SY $1.00 $63,000.00 36,170 $36,170.00 Erosion Control Blanket - Category 5- Coconut 96 2S 1,200 SY $2.10 $2,520.00 0 $0.00 97 Mulch Material -Type 1 34.0 TON $120.00 $4,080.00 8 $960.00 98 Seeding - Type Lawn Restoration 17 ACRE $105.00 $1,785.00 4 $420.00 Total Bid Schedule "D" $912,879.00 $871,779.28 OrawAY ESTIMATE NO. N. ruin PE -3 FINAL - PAY ESTIMATE NO. 8 CONTRACTOR CITY OF OTSEGO Waterfront East Street and Utility Construction Project 04 -08 ACCUMULATED Alternate Bid Schedule "E" - Watennain- (DELETED BY CHANGE ORDER TOTAL CONTRACT AMOUNTS QUANTITIES TO DATE NO. 1) Quantity Completed this Pay Item # Description Estimated Quantity Unit Price Extension period Extension 99 12° Ductile Iron Pipe CI 52 0 LF 825.00 $0.00 0 80.00 100 6" Ductile Iron Pipe CI 52 0 LF 820.00 $0.00 0 $000 101 Ductile Iron Fittings 0 LB 84.50 $0.00 0 80.00 102 12" Butterfly Valve and Box 0 EACH 81,250.00 80.00 0 $0.00 103 6" Gate Valve and Box 0 EACH $800.00 $0.00 0 80.00 104 Hydrant 0 EACH $2,225.00 80.00 0 80.00 105 Hydrant Extension 0 LF 8450.00 $0.00 0 80.00 106 2" Insulation 0 SF _ 8125 $0.00 0 80.00 Total Alternate Bid Schedule "E" $0.00 80.00 ACCUMULATED Alternate Bid Schedule "F" - Sanitary Sewer -(DELETED BY CHANGE TOTAL CONTRACT AMOUNTS QUANTITIES TO DATE ORDER NO. 1) Quantity Completed this Pay Item # Description Estimated Quantity Unit Price Extension period Extension 107 8' PVC SDR 3514 -16' Deep 0 LF $20.00 $0.00 0 80.00 108 8" PVC SDR 3516 -18' Deep 0 LF $21.00 80.00 0 80.00 109 6" PVC SDR 35 Service Lateral 0 LF $16.50 80.00 0 80.00 110 Standard Sanitary Sewer Manhole 0-8' Deep 0 EA 82,850.00 80.00 0 80.00 111 Manhole Overdepth 0 VF $185.00 $0.00 0 $0.00 112 6" PVC Riser Pipe 0 VF $20.00 $0.00 0 80.00 113 6" Plug 0 EA $10.00 $0.00 0 80.00 114 Televise Sanitary Sewer 0 LF $0.50 $0.00_ 0 80.00 Total Alternate Bid Schedule "F" 80.00 80.00 TOTAL CONTRACT AMOUNTS ACCUMULATED Change Order No. 1 QUANTITIES TO DATE Completed this Pay Item # Description Estimated Quantity Unit Price Extension period Extension 115 Mobilization 1 LS $2,500.00 $2,500.00 1 $2,500.00 116 Class 5 Aggregate Base (7 ") 210 TON 512.50 $2,625.00 210 $2,625.00 117 Type LV 4 Wearing Course Mixture (B) 71 TON $37.00 $2,627.00 71 82,627.00 118 Type LV 3 Non - Wearing Course Mixture (B)(2.5 ") 88 TON 835.00 83,080.00 88 83,080.00 119 Bituminous Material For Tack Coat 23 GAL 52.00 846.00 0 80.00 120 Concrete Curb and Gutter, Design 8618 390 LF $9.00 $3,510.00 400 $3,600.00 121 Concrete Drive Apron 1296 SF $3.75 $4,860.00 60 8225.00 122 24" RCP 146 LF $40.00 85,840.00 146 85,840.00 123 24" RCP FES w/ Rip Rap 1 EA 51,300.00 $1,300.00 1 $1,300.00 124 48" CBMH 3 EA 52,012.00 $6,036.00 3 $6,036.00 125 30" RCP 260 LF 852.00 $13,520.00 260 813,520.00 126 42" RCP 194 LF 890.00 $17,460.00 194 817,460.00 127 42" RCP FES w/ Rip Rap 1 EA $2,700.00 $2,700.00 1 82,700.00 128 60" CBMH 2 EA 82,800.00 $5,600.00 2 85,600.00 OT83SPAY ESTIMATE NO. B - FINAL PE-4 FINAL - PAY ESTIMATE NO. 8 CONTRACTOR CITY OF OTSEGO Waterfront East Street and Utility Construction Project 04 -08 TOTAL CONTRACT AMOUNTS ACCUMULATED QUANTITIES TO DATE Change Order No. 1 - Continued Completed thls Pay Item # Description Estimated Quantity Unit Price Extension period Extension 129 72" CBMH 3 _ EA $3,175.00 $9,525.00 3 89,525.00 130 12" DIP Water 228 LF $42.00 $9,576.00 228 89,576.00 131 6" DIP Water 107 LF $27.00 $2,889.00 107 $2,889.00 132 Water Fittings 1 LS $6,500.00 $6,500.00 1 $6,500.00 133 Connect to Water Main 2 EA $625.00 $1,250.00 2 81,250.00 134 8" SDR 35 Sewer Pipe 59 LF $23.00 $1,357.00 59 $1,357.00 135 Sanitary MH 1 EA 82,300.00 $2,300.00 1 $2,300.00 136 Connect to Sanitary 1 EA $915.00 $915.00 1 $915.00 137 Dewatering 848 LF $19.50 816,536.00 0 $0.00 138 6" SCH 80 Pipe Conduits for Small Utilities 700 LF $10.50 $7,350.00 700 87,350.00 139 Adjust Paved Shoulder Width 1 LS 82,715.00 $2,715.00 1 $2,715.00 140 Remove and Replace Curb and Gutter for Pedestrian Ramps 1 LS $2,313.00 $2,313.00 1 82,313.00 141 16" DIP Storm Pipe 100 LF $43.56 $4,356.00 100 $4,356.00 142 Core Drill Box Culvert for 16" DIP Connection 1 LS 8611.00 8611.00 1 $611.00 143 Clear and Grub For South Ditch 1 LS 85,335.00 $5,335.00 1 85,335.00 144 Repair 12" RCP Damaged by Small Utilities 1 LS $1,130.00 $1,130.00 1 $1,130.00 145 6" Conduit for Sprinkler Line Under Nathe's Driveway 1 LS . 81,460.00 $1,460.00 1 $1,460.00 146 Connect 6" Sewer Service to Lit Station 1 LS 81,150.00 $1,150.00 1 81,150.00 Total Change Order No. 1 $148,972.00 8127,845.00 TOTAL CONTRACT AMOUNTS ACCUMULATED QUANTITIES TO DATE Change Order No. 2 - Building B Completed this Pay Item # Description Estimated Quantity Unit Price Extension perked Extension 147 Mobilization 1 LS _ $1,500.00 $1,500.00 1 81,500.00 148 Prep Work 516 SY $6.00 $3,096.00 516.0 $3,096.00 149 Concrete Sidewalk (4 ") 458 SY $46.00 $21,068.00 343.3 815,791.80 150 Color Stamped Concrete Sidewalk (4 ") 58 SY $173.00 810,034.00 58.0 $10,034.00 151 Color Stamped Concrete Pedestrian Ramp 3 EA $1,500.00 $4,500.00 3 $4,500.00 152 Block Retaining Wall (0.5' Bury) 818 SF $27.00 $22,086.00 940.6 825,396.20 153 Wrought Iron Railing 381 LF 855.00 820,955.00 200 $11,000.00 Total Change Order No. 2 - Building B $83,239.00 871,318.00 OTE23PAY ESTIMATE NO 1- FINAL PE -5 FINAL - PAY ESTIMATE NO. 8 CONTRACTOR CITY OF OTSEGO Waterfront East Street and Utility Construction Project 04 -08 TOTAL CONTRACT AMOUNTS ACCUMULATED Change Order No. 2 - Building E QUANTITIES TO DATE Completed this Pay Item # Description Estimated Quantity Unit Price Extension period Extension 154 Mobilization 1 LS $1,500.00 $1,500.00 1 81,500.00 155 Prep Work 335 SY _ $6.00 82,010.00 335 82,010.00 156 Concrete Sidewalk (4 ") 320 SY $46.00 $14,720.00 320.0 $14,720.00 157 Color Stamped Concrete Sidewalk (4 ") 15 SY $173.00 82,595.00 15.0 $2,595.00 158 Color Stamped Concrete Pedestrian Ramp 1 EA $1,500.00 81,500.00 1 $1,500.00 159 Block Retaining Wall (0.5' Bury) 271 SF $27.00 $7,317.00 271.0 87,317.00 160 Adjust Street Light Foundation 2 EA $900.00 $1,800.00 2 81,800.00 161 Wrought Iron Railing 210 LF $55.00 $11,550.00 173.6 $9,548.00 Total Change Order No. 2 - Building E $42,992.00 840,990.00 Total Base Contract A -D 81,612,524.80 Total Alternate E -F 80.00 Total Change Order No. 1 8148,972.00 Total Change Order No. 2 8126,231.00 - Total Contract Amount 81,887,727.80 TOTAL USED TO DATE 81,814,452.16 LESS PREVIOUS PAYMENTS $1,723,729.55 81,723,729.55 Pay Estimate No.1 8159,310.45 Pay Estimate No.2 $690,115.90 Pay Estimate No.3 8606,007.38 Pay Estimate No.4 894,977.48 Pay Estimate No.5 846,025.68 Pay Estimate No. 6 898,38428 Pay Estimate No. 7 $28,908.38 WE RECOMMEND FINAL PAYMENT OF: 890,722.61 Please verify the amount of previous payments, and the receipt of the following items prior to making payment. 1. Certificate of claims payment (lien waiver), 2. Affidavit of payment of States taxes (MN State TAX Form IC 134), 3. Letter of consent from surety firm. APPROVALS: • ' CONTRACTOR: VEIT AND COMPANY, INC. Certification Contractors l certify tha -all items and amounts are correct for the work completed to date. Signed:. ___ Date�-7 Title: SC/H.. , : ` irro7 ENGINEER: HAK N8; . ;. II - - iu N A S. IATES, INC. Certification fiy a ,.. , - n, payment for work and quantities as shown. Signed -. , 1 Title: "-- kl_iff Date: + It 7 OWNER: CITY OF OTSEGO Signed: Title: Date: OT823PAY ESTIMATE NO a- FINAL PE -6 ITEM 5_18 FINAL PAY ESTIMATE Engineer CITY OF OTSEGO 2007 Street Mabntonanco Project August 7.200T Honorable Mayor a CID Coundl City of Olcopo 8$V9 Nashua Avenue NE Owego. MN 33330 RE: 2007 Skeet Makdonance R Contractor: Ailed 6l elSols OW ContmctArnaull: 5166.657.77 Award Daft. July 6, 2007 Completion Data July 13.2007 Oeor Honorable Mayor and Council Members: The Mooing work he been completed on the aaere-reloroacad project by Allied Blacktop. tlyd 9tludWn'A`- , mat 7 ` CONTRACT NO. traM D88GAIOTIppr auawrriY uNrr tiNtT usaD7o 1 11111-t.171- , 1:_. _SIJill rl.17 t'ANTitACTA1aO1Hn t7 r ` man .t.11Lt1 " r WA, zr,,-,ENNairiarrnumirlynimnimirnamirr, Iry ,,,,T*T-r1,,,,r_unlornimurvinrumewnswor Ira rlLlll SLL 1 'Mid Old Schedule "A" Mir S ' ISMS. rr t; judelLt Old Schedule A' TOTAL s 180.0 s 1117 .407.92 Total work Completed to Date s 167.c07 WE RECOMMEND FINAL PAYMENT OF: s 187 A07 0 Please wally Ise MOOR d proUtOUB _S lssso7s2 1. CeNAeo dolma payment cilia Mooing gene piano gal* Pte. 2. Altdaull or payment 01 States tame 6K Smut Mr( Point IC 134). 3. tailor of consent tam away fi m APPROVALS: CONTRACTOR ALUM) BLACKTOP Cenifl ton by Contractor: I conic f Ihatalt kerns and amounts aro correct forme work completed to date. ale: y alanegt- 4allas.2xut. Delo q - ENGINEER MAMMON ANDERSON OCIATES, INC. ��, . payment fOrwan «onl Owe= aatown. 7 OWNER CITY OF 073E00 YWE Dcto war nola ussio sssae PE -1 ITEM 6_1 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 2045605v2 4- TAX ABATEMENT AND BUSINESS SUBSIDY AGREEMENT THIS AGREEMENT, made as of the day of , 2007,2007 "Effective D.te" , 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 h- Ci d D- vel.. -r enter-d into at ertain Devel. , m - n Au e - m- nt dated Se.tember 20.2006 whereb the City a'reed to provide abatement of taxes for the P o'ect and oth - r ad' • ce ! t . ro . - owned b D- vel .. - in an amount no to e ceed ', 510 100.00 . rovid - d that D - vel.. er come lie with all ...licable statuto re• uirements to re eiv- such abatement; 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: 2045605v2 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; 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 Term means the •eriod in which this A eement shall remain in effect, commencin on the ff- ctive Date and continuin . until the earlier . f i he • ate the Devel • . er receive the Reimbursement Amount •r ii Febru. 1 2018 le s earlier termin.ted or res ind- d in accordance with the terms contained herein. 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 2045605v2 3 (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. (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 make commercially reasonable efforts to cooperate fully -with the City- with- etc s reasonable r for inf directl related to any litigation commenced with respect to the Project in which the City is named a artybut only to the extent that the City and the Developer are not adverse or potentially adverse parties to the litigation. (8) The Developer will make commercially reasonable efforts to 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 substantial accordance with the construction plans approved by the City, in accordance with the terms of this Agreement and in compliance with 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 (sub' - t t factors outside the control of Developer), 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 , December 31, 2007, subject to delays not caused by Developer or outside Developer' control. All work with respect to the Project to be constructed or provided by the Developer shall be in substantial 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 thethat (i) Developer shallchooses not to repair or rebuild, or (ii) Developer does not ommenc - and dili , entl _, ursue su re . air or ebuil • i within one hundred ei ' h 80 • a s after such event of dama ' e or des ction City may with written notice to Developer. terminate 2045605v2 5 this A • eement and discontinue such Tax Abatement Pro ',ram for the Project as of the date of such event of damage or destruction. 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, or any successors or assi , ns • f ) evelo • er . • 'roved b Ci as set forth in ection 3.6 below • urin ' e Term. Section 3.6 P ^ t Transfer of Project and Assignment of Agreement. The Developer represents and agrees that prior to the expiration or earlier termination date -of this Agreement the Developer shall not assign this Agreement in coniunction with a transfer of the Project or any part thereof or any interest therein, without the prior written approval of the City, which a' nroval shall not be unreasonabl withhel • conditioned or dela - d. 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 reasonably 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. Th- Ci lo shall ore yid - Developer with writt - n . ' . royal or • enial within thi i 31 d. of Developer's request therefor. In the event of a transfer of any interest in this Agreementr of the Proiect to a transferee annrove• b Cit Developer shall be released from liabilit h- re der after the Project.date ' f such transfer and Ci shall look solel to such transferee to lfill the obli • ation of Developer hereunder. 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, 2045605v2 6 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 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 116J.995 (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 2045605v2 7 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. 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 as more fully set forth in Article IV herein. 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 -4f or commence an. di i' entl _. ursu - s h v - n o Default if Developer is unable to cure within su h thirty (30 •av oeri.d . d Devel er i dili • ently nursuina . d can demonstrate oroaress toward curing the default . If the Develo ler is unable to cure or commence a cure for the Event of Default has of been within said thirty (30) days as required above: (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. 2045605v2 9 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 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 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 0 5 If Dev-1 • se s all fail t • . erform its o.li • . tion hereunder and if i shall as a cone• ence thereof r-c•v-r a m•ne 'ud•ment a•ainst D velo.er Ci a.rees that it shall first lo • k to evelo . er's ri • ht title . d in erest in and to the Pro' ect for the collecti • n of su h 'ud • ment: and unless Develo sees ri • ht title and interest in and to the Pro'ect is in. d- t- t • satis uch 'u•' ent i _•re-s that no ether assts of Developer shall b- s b. - ct o e _ execution or other process for th atisf o f s uch 'ud rnen . 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 2045605v2 1 1 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. 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 DuratienTerm. This Agreement shall remain in effect tltroughcommencing on the Effective Date until the earlier of (i) the date the Developer receives the Reimbursement Amount or (ii) 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 ITEM 6 - :z`. ? ,r� as�. a» xx, Vi ` -d , s - y - e$'u Y° 27 x- ,.a``; prsr'a4 -, ... I FI N � rc ?' FINANCE PLAN `SUMMARY }3 l '- 4.- ;i FOR CITY OF OTSEGO, MINNESOTA $865,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007B NORTHLAND 'SECURITIES 45 South 7th Street Suite 2500 Minneapolis, MN 55402 612 - 851 - 5900 800 -851 -2920 August 9, 2007 i City of Otsego, Minnesota $865,000 General Obligation Improvement Bonds, Series 2007B Financing Overview: The Bonds will be issued pursuant to Minnesota statutes 475 and 429 to fund various public improvement projects within the City including Grenin's Mississippi Hills and Quantrelle Avenue /88th Street projects. The City's total combined cost of the projects is approximately $750,000. The net financing requirement is $865,000 inclusive of all financing costs and capitalized interest. The estimated debt service structure is shown as Exhibit A. The debt service structure illustrates interest only payments until 2010 and level annual payments thereafter. This structure is reflective of the terms of the assessment agreement the City has in place with the developer(s) which allows for a two year delay in assessment collections (with interest) and a final collection year of 2016. The debt service assumes a current average market interest rate of 4.13 %. Exhibit B illustrates the estimated debt service fund cash- flow. We understand approximately $781,000 of assessments will be filed in 2007 over a nine year term with the first collection in 2010 at a rate of 7.00 %. The total estimated sources and uses are as follows: Sources & Uses Dated 09/01/2007 I Delivered 09/01/2007 Sources Of Funds Par Amount of Bonds $865,000.00 Total Sources $865,000.00 Uses Of Funds Total Costs of Issuance including Underwriters Discount 31,029.00 Deposit to Capitalized Interest (CIF) Fund 80,340.00 Deposit to Project Construction Fund 750,000.00 Rounding Amount 3,631.00 Total Uses $865,000.00 INISENSIBIlliMailemener Page 2 NOR'T'HLAND 'SECURITIES Summary of Recommended Terms: 1. Type of Bond Sale Negotiated sale with Northland Securities 2. Expected Pricing Thursday, September 6, 2007 3. Contract Signing Friday, September 7, 2007 4. Council Consideration Monday September 10, 2007 @ 6:30 P.M (Regular Meeting) 5. Repayment Term The Bonds will mature annually each December 1, 2010 - 2016. Interest on the Bonds will be payable on June 1, 2008 and semiannually thereafter on each June 1 and December 1. Capitalized interest has been included in the Bond proceeds to cover the interest payments through December 1, 2009. 6. Security General obligation of the City. In addition, special assessments totaling $781,000 will be pledged to the repayment of the bonds. The assessments are expected to be filed in the fall of 2007 for first collection in 2010 over a term of 9 years at approximately 7.00 %. The City does not expect to need a debt service tax levy. 7. Prepayment Option The Bonds maturing December 1, 2015 — 2016 will be subject to prepayment on December 1, 2014 at a price of par plus accrued interest. 8. Tax Status Federal and State tax exempt. 9. Credit Enhancement We believe a credit rating will be cost beneficial. The City's general obligation debt is currently rated A2 by Moody's Investors Service. Page 3 NORTHLAND' SECURITIES Related Considerations: • Bank Qualified - the bonds will not be designated as "bank qualified" obligations pursuant to Federal Tax Law because the City's issues coupled with the charter school conduit financing the City will issue later this year will exceed the $10.0 M threshold. The impact of this designation may result in slightly higher interest rates since banking institutions will not be interested in purchasing the bonds. We have adjusted the estimated interest rates accordingly. In addition, we understand the City has an agreement in place with the charter school to reimburse the City for any impact caused by this designation. • Arbitrage Compliance — o Project / Construction Fund — All tax exempt issues are subject to federal rebate requirements which require all arbitrage earned to be rebated to the U.S. Treasury. A rebate exemption the City expects to qualify for is the "two year spend -down exemption ". o Debt Service Fund — The City must maintain a bona fide debt service fund for the bonds or be subject to yield restriction in the debt service fund. A bona fide debt service fund involves an equal matching of revenues to debt service expense with a balance forward permitted equal to the greater of the investment earnings in the fund during that year or 1/12 of the debt service of that year. The City should become familiar with the various Arbitrage Compliance requirements for this bond issue. The Bond Resolution explains the requirements in greater detail. We are also available to assist the City in meeting these requirements. • Book Entry - The Bonds will be global book entry with a bank designated as the paying agent. As "paperless" bonds, you will avoid the cots of bond printing and annual registrar charges. The Paying Agent will invoice you for the interest semiannually and on an annual basis for the principal coming due. You will be charged only for paying agent /transfer agent services provided by the bank. This cost of services has been capitalized into the bond issue. • Continuing Disclosure - Because this issue is less than $1,000,000, the Securities and Exchange Commission's continuing disclosure requirements do not apply. Page 4 NORTHLAND SECURITIES EXHIBIT A Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 09/01/2007 - - - - 06/01/2008 - - 26,649.38 26,649.38 12/01/2008 - - 17,766.25 17,766.25 44,415.63 06/01/2009 - - 17,766.25 17,766.25 12/01/2009 - - 17,766.25 17,766.25 35,532.50 06/01/2010 - - 17,766.25 17,766.25 - 12/01/2010 110,000.00 3.950% 17,766.25 127,766.25 145,532.50 06/01/2011 - - 15,593.75 15,593.75 12/01/2011 115, 000.00 4.000% 15, 593.75 130, 593.75 146,187.50 06/01/2012 - - 13,293.75 13,293.75 - 12/01/2012 120,000.00 4.050% 13,293.75 133,293.75 146,587.50 06/01/2013 - - 10,863.75 10,863.75 - 12/01/2013 120,000.00 4.100% 10,863.75 130,863.75 141,727.50 06/01/2014 - - 8,403.75 8,403.75 12/01/2014 125,000.00 4.150% 8,403.75 133,403.75 141,807.50 06/01/2015 - - 5,810.00 5,810.00 - 12/01 /2015 135, 000.00 4.200% 5,810.00 140, 810.00 146, 620.00 06/01/2016 - - 2,975.00 2,975.00 - 12/01/2016 140,000.00 4.250% 2,975.00 142,975.00 145,950.00 Total $866,000.00 - $229,360.63 $1,094,360.63 - Date And Term Structure Dated 9/01/2007 Delivery Date 9/01/2007 First Coupon Date 6/01/2008 First available call date 12/01/2014 Call Price 100.0000000% Yield Statistics Bond Year Dollars $5,541.25 Average Life 6.406 Years Average Coupon 4.1391496% Net Interest Cost (NIC) 4.4451094% True Interest Cost (TIC) 4.4921907% All Inclusive Cost (AIC) 4.7974244% IRS Form 8038 Net Interest Cost 4.1391496% Weighted Average Maturity 6.406 Years Bond Yield for Arbitrage Purposes 4.1329060% Page 5 NORTHLAND SECURITIES EXHIBIT B Debt Service Cashflow Assessment Capitalized Total Excess Date Revenue Interest Revenues Scheduled P +I Revenues 12/01/2007 - - - - - 12/01/2008 - 44,415.63 44,415.63 44,415.63 - 12/01/2009 - 35,532.50 35,532.50 35,532.50 - 12/01/2010 166,439.78 1,381.83 167,821.61 145,532.50 22,289.11 12/01/2011 163,851.00 - 163,851.00 146,187.50 17,663.50 12/01/2012 163,850.32 - 163,850.32 146,587.50 17,262.82 12/01/2013 163,850.72 - 163,850.72 141,727.50 22,123.22 12/01/2014 163,850.64 - 163,850.64 141,807.50 22,043.14 12/01/2015 163,850.08 - 163,850.08 146,620.00 17,230.08 12/01/2016 163,850.18 - 163,850.18 145,950.00 17,900.18 Total $1,149,542.72 $81,329.95 $1,230,872.67 $1,094,360.63 $136,512.05 Assessments are based on a principal amount of $781,000 (not including capitalized interest) for a term of 9 years (7 collections) with first collections in 2010 at a rate of 7.00 %. Page 6 NORTHLAND SSE CURITIES ITEM 9_1 Hakanson Anderson 3601 Thurston Avenue, Anoka, MN 55303 Assoc., Inc. 3601 763/427 -5860 Fax: 763/427 -0520 30 August 8, 2007 Honorable Mayor and City Council • City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Re: Construction Bids, Improvement Project No. 07 -03, Pressure Control Station #1 Dear Mayor and City Council: Bids were received and opened on August 8, 2007, for the Pressure Control Station #1, Improvement Project No. 07 -03. A total of three bids were received as shown on the attached Bid Tabulation and as listed below: Base Bid Jay Bros., Inc. $435,600.00 Northdale Construction Co., Inc. $479,333.33 Gridor Constr., Inc. $486,203.00 It was found that Jay Bros., Inc. of Forest Lake, Minnesota is the low bidder with a Base Bid of $435,600.00. Jay Bros., Inc. has previously worked on other projects with Hakanson Anderson Associates, Inc. Based on the above, we recommend award of the contract to the low bidder, Jay Bros., Inc, P.O. Box 700, Forest Lake, MN 55025. Sincerely, Hakanson Anderson Associates, Inc. Ro • d J. i er, ngineer RJW:dmb Enclosure cc: Mike Robertson, Administrator Judy Hudson, City Clerk OT523awardletter RESOLUTION NO. 2007 -50 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the City of Otsego, Improvement Project No. 07 -03, Pressure Control Station #1, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Base Bid Jay Bros., Inc. $435,600.00 Northdale Construction Co., Inc. $479,333.33 Gridor Constr., Inc. $486,203.00 AND WHEREAS, it appears that Jay Bros., Inc. of Forest Lake, Minnesota is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Jay Bros., Inc. of Forest Lake, Minnesota in the name of the City of Otsego for the Improvement Project No. 07 -03, Pressure Control Station #1, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the bid bond made with their bids, except that the bid bond of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 13 day of August, 2007. Motioned By: Seconded By: All in Favor: Those Apposed: Larry Fournier, Mayor Judy Hudson, Clerk ot523ResAcceptBid BID TABk.._,-,TION CITY OF OTSEGO Pressure Control Station #1 Improvement Project No. 07 -03 Bids opened 10:00 a.m., Wednesday, August 8th, 2007. There were 3 bids received, as shown herein. Jay Bros., Inc. Northdale Construction Co., Inc. Gridor Constr., Inc. Bid Schedule ITEM ESTIMATED NO. ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION Fabricate, furnish and install a prepackaged pressure control assembly with an environmental enclosure. Furnish and install a meter manhole with water meter. Cutting into existing 16" watermain, fumish and install piping, valves and fittings for connection to Pressure Control Station No. 1. Site work includes furnishing and installing chain link fencing, bituminous driveway, minor site 1 grading, field testing and final restoration: 1 LS $435,600.00 $435,600.00 $ 479, 333.33 $ 479 ,333.33 $486,203.00 $486,203.00 Total Bid Schedule "A" $435,600.00 $479,33333 $486,203.00 SUMMARY OF BIDDING: Jay Bros., Inc. Northdale Construction Co., Inc. Gridor Constr., Inc. Total Base Bid Schedule $435 600 $479,333.33 $488,203.00 ot523bidtabBlD TABULATION BT -1 OF 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: 13 August 2007 RE: Otsego — Waterfront East 3` Addition NAC FILE: 176.02 — 07.03 BACKGROUND Landcor has submitted an application for final plat approval of Waterfront East 3 Addition. The final plat includes lots for the proposed Golds Gym and riverboat restaurant, four outlots for future phases and right-of-way for Quantrelle Avenue. A preliminary plat/PUD development stage plan for the subject site was approved by the City Council on 26 March 2007. The subject site is guided by the Comprehensive Plan for commercial land uses and is zoned PUD, Planned Unit Development District. Exhibits: A. Site Location B. Final Plat ANALYSIS Preliminary Plat Consistency. The layout of the proposed final plat is generally consistent with the approved preliminary plat and PUD development stage plan. The developer shall submit documentation of ingress/egress easements for access to Lot 1, Block 2 of the proposed final plat, which does not have direct access to a public street, across Lot 1, Block 1 Waterfront East 2" Addition. Outlots. The proposed final plat includes four outlots. Outlot A is anticipated to be divided into two Tots to accommodate a retail store and medical office building. Outlot B may be divided into as many as four Tots planned for restaurant uses. Outlots C and D are planned to have "main street" buildings constructed similar to that on Lot 1, Block 1 Waterfront East First Addition. Streets. The proposed final plat provides right -of -way for QuantreIle Avenue. The developer has requested the City construct the public street and assess the costs to the lots / outlots within the 3 Addition. The City Engineer prepared a feasibility report and plans and specifications and the project has been bid and a contract awarded. Construction was anticipated to start, but the developer requested that action be delayed as they had not secured a commitment to build from Golds Gym. Because the City has executed a contract for the project, the City Engineer is discussing with the contractor the additional costs that will be incurred because of the requested delay in construction and also a cost to abandon the project. Given that the project was initiated and fast tracked at the request of the developer, all costs related to the delay or cancellation will be borne by the developer. A security in an amount sufficient to cover the project cost and any additional expenses due to delay or cancellation and City must be provided as a condition of final plat approval. Utilities. Utilities are proposed to be extended off of existing trunk sewer and water lines to provide service to Lot 1, Block 1, Lot 1, Block 2 and the future uses of Outlot A. Construction of all utilities is subject to review and approval of the City Engineer. Grading. Grading, drainage and erosion control plans are to be subject to review and approval of the City Engineer. Easements. The final plat illustrates drainage and utility easements at the perimeter of the two buildable lots and over proposed utility locations. All easements are subject to review and approval of the City Engineer. Landscaping. The preliminary plat/PUD development stage plan called for a revised landscape plan to be submitted for proposed Lot 1, Blodc 1 illustrating plantings at the base of the proposed building. The revised landscape plan has not been submitted. Prior to issuance of a building permit, a revised landscape plan shall be submitted and is subject to review and approval by City staff. Park and Trail Dedication. Park and trait dedication requirements for the Waterfront East development were to be satisfied with establishment of an easement and trail and landscaping improvements to the riverside outlot. These improvements are required to be completed in 2007 as a condition of preliminary plat/PUD development stage plan approval for the 3 Addition. Development Contract. The developer must enter into a development contract with the City, including payment of all fees and submission of applicable securities. In accordance with Section 21- 3 -3.D.6 of the Subdivision Ordinance, the final plat must be recorded with Wright County within 60 days of City Council approval or the approval will be void. 2 RECOMMENDATION The proposed Waterfront East 3 Addition is consistent with the approved preliminary plat and PUD Development Stage Plans. Our office recommends approval of the application as set forth below subject to the comments of other City staff. POSSIBLE ACTIONS A. Motion to approve a Final Plats for Waterfront East 3 subject to the following conditions: 1. The developer shall provide a security with the development contract for the Quantrelle Avenue improvement project including additional securities for costs incurred due to any delay or cancellation of the project caused by the developer. 2. All utility plans shall be subject to review and approval of the City Engineer. 3. All grading, drainage and erosion control plans shall be subject to review and approval by the City Engineer. 4. All easements shall be subject to review and approval by the City Engineer. 5. A revised landscape plan shall be submitted prior to issuance of a building permit for Lot 1, Block1 illustrating plantings at the base of the proposed building. 6. Construction of the trail and installation of the landscaping within Outtot A as shown on the plan prepared by Loucks Associates dated 14 September 2004 shall be completed by the developer before 1 November 2007. 7. The developer shall enter into a development contract and record the final plat within 60 days of City Council approval or the final plat shall be void. B. Motion to deny the request based on a finding that the application is inconsistent with the Comprehensive Plan, Zoning Ordinance or Subdivision Ordinance. C. Motion to table. c. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer Bob Fields, Landcor 3 OTSEGO WATERFRONT EAST THIRD ADDITION KNOW ALL MEN BY THESE PRESENTS: That Land Funding I, LLC, a Minnesota limited liability company, lee owner of the following described property situated in the State of Minnesota, County of Wright, to Thus Plat of a OTSEGO f WATERFRONT M EASt THIRD meeting ADDITION was approved and accepted by the City wit: Council of the City of Otsego, Minnesota of a mestinq hind this __ day of 200__ Outlots B, C, D, E. F, 0, H AND J, OTSEGO WATERFRONT EAST, according to the recorded plot thereof, on MO B City park Me In the office of the County Recorder, Wright County, Minnesota. Has caused the same to be surveyed and platted os OTSEGO WATERFRONT EAST THIRD AOD*TbON and Examined and recommended for does hereby donate and dedicate to the public for public use Carew the avenue and easements as shown on this approval this _day of 200__, plot for drainage and utility purposes. County Surveyor, Wright County, Minnesota In witness whereof said Land Funding I, U.C. a Minnesoto limited liability company hos caused these presents to be signed by Its officer this _ day of 2pp� MAIN STREET OTSEGO, LLC Taxes paid for all years through year and transfer entered this day of 200_ County Auditor. Wright County, Minnesota STATE OF MINNESOTA I hereby certify that tuxes payable in the year on bonds heroin described are paid this COUNTY OF __ day of 200 — The foregoing Instrument was acknowledged before me this day of 200_ County Treasurer, Wright County, Minnesota b y of Land Funding u, LLC, a Minnesota limited Il0Dility company, on behalf of said company. I hereby certify that this instrument was Ned in this office of the County Recorder for record on this d Notary Public. County, Minnesota _ o of My Commission Expires Y 200 at _o'clock _M, and was duly recorded in Cabinet esve oe Doaaamest Number County Recorder Wrght County, Minnesota I hereby certify that 1 have surveyed and platted the property described on this plot as OTSEGO WATERFRONT EAST THIRD ADDITION, that this is a correct representation of the survey, that all distances am correctly Mown on the plat In feet and hundredths of a foot; that all monuments have been correctly placed M the ground as Mown or will be placed as required by the local governmental unit; that the outside boundary lines are correctly designated on the plot and that then are no wet tends as defined in MS 505.02 Subd. 1 or public highways to be designated other than as Mown. Ronald P. Abwln, Land Minnesota License No. 17765 STATE OF MINNESOTA COUNTY OF The foregoing Surveyor's Certificate was acknowledged before me this day of 200_, by Ronald P. Alwln, Land Surveyor. Minnesota License Na 17765. Notary Public County, Minnesota My Commission Expires • #: MLSE fil@r 1 aP 2 etiEET8 • PRELIMINARY MASTER PLAN FOR 1 a ceE! i . n::, sF c 0 7 A f _r____, _ AS ..:./ ., , ,, FR -4 C . ii i , , I ‘ RI i‘ il , , I... f il ' oT '' OTSE(i0, ‘/IINNESOTA — e. -- -- — ---- - .....A. — 41 • • !MITT% ist%i r: ■ 1 I 1 1 r ',.0`:, 1 V • -. 1111.111111 A or. \5 :' Pf / - '-'-'----- 1 • we' in , ° I , Vt ■ Il i ■ , tin.; 1 u o 1 , Y (1 ,, - - - — --. ■ 00 . 7 * — d I V 1 I I # 7, -- - r . 1 1 i --, me. 1 .. ' ',. • V ' .,,,,..... ' , •.' \", i ' . .j • .. — i 1 1 -- fi rm) 1, ....- ■ fir , _-- i tt” . - d o - , .Al ',.• f.. 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".7....__ to \ 0 0 1-4 !IP I / . ; : . * I .o 1 " 41 : 64frn , ' ' i 14 ,/ 4 / ,A,.. :;-• ,,k ,,..:'"/ il og \ 9 // ■ 0 ;44 '‘` -,, l \ , ..- x , , ... z .!. v. / zr bb / /r ,*., . /..:- 11.140/1 xgi 1 la r .f % - . i .iy / g i l 4 4 .1 ; ;11 c4 f V ! i 2 ----- I g r'' m \ 1 .‘,, , t 1. 11 k 1 / 1 1# t' iifi-'4'.477Zil 2 'CP * j '- ; ;---r-14----- i l 1 III ii IX.12.11 , , 1 , '--- WWI . . 1. k . -, , • ..../ .1.1 11 2/ - •"• ..' if. i L.1.- . o v ,.... • CITY OF 08 -13 -07 OTSEGO FINDINGS & DECISION WRIGHT COUNTY, MINNESOTA FINAL PLAT APPLICANT: Landcor Construction, Inc. APPLICATION: Request for Final Plat approval of Waterfront East 3` Addition. CITY COUNCIL MEETING: 13 August 2007 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is Outlot B, C, D, E, F, G H and J, Waterfront East, City of Otsego, Wright County, Minnesota. B. The property lies within the East Sanitary Sewer Service District and is guided for commecial land uses by the Otsego Comprehensive Plan, as amended. C. The property was zoned to PUD District by the Otsego City Council on 10 November 2004. D. The final plat consists of two Tots, four outlots and public right -of -way. E. The planning report dated 13 August 2007 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The engineering review dated prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. DECISION: Based on the foregoing information and applicable ordinances, the Waterfront East 3' Addition Final Plat is hereby approved based on the current plan and information received to date, subject to the following conditions: 1. The developer shall provide a security with the development contract for the Quantrelle Avenue improvement project including additional securities for costs incurred due to any delay or cancellation of the project caused by the developer. 2. All utility plans shall be subject to review and approval of the City Engineer. 3. All grading, drainage and erosion control plans shall be subject to review and approval by the City Engineer. 4. All easements shall be subject to review and approval by the City Engineer. 5. A revised landscape plan shall be submitted prior to issuance of a building permit for Lot 1, Block1 illustrating plantings at the base of the proposed building. 1 6. Construction of the trail and installation of the landscaping within Outlot A as shown on the plan prepared by Loucks Associates dated 14 September 2004 shall be completed by the developer before 1 November 2007. 7. The developer shall enter into a development contract and record the final plat within 60 days of City Council approval or the final plat shall be void. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 13th day of August, 2007. CITY OF OTSEGO By: Larry Fournier, Mayor Attest: Judy Hudson, Zoning Administrator /City Clerk 2 ITEM 9_2 RESOLUTION NO. 2007-51 A RESOLUTION ACCEPTING THE FEASIBILITY STUDY FOR 70 STREET IMPROVEMENTS, FROM CSAH 19 TO MACIVER AVENUE NE WHEREAS, the City Council ordered the preparation of a feasibility study for the improvement on the 9th day of July 2007; and WHEREAS, such feasibility study was prepared by Hakanson Anderson Associates, Inc. and presented to the Council on the 13th day of August 2007 and dedares the improvement feasible, for an estimated cost of $ 440.000 ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: 1. Such improvement is necessary, cost— effective, and feasible as detailed in the feasibility report. 2. Hakanson Anderson Associates, Inc. is hereby designated as the engineer for this improvement. The engineer shall prepare the plans and specifications for the making of such improvement. Adopted by the council this 13th day of August 2007. Motioned By: Seconded By: All in Favor Those Apposed: Larry Fournier, Mayor Judy Hudson, Clerk 70th STREET N.E. GOVERNING SPECIFICATIONS CONSTRUCTION PLANS FOR STREET GRADING THE 2005 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND p p /� "STANDARD SPECIFICATIONS FOR CONSTRUCTION" SHAD- APPLY BITUMINOUS SURFACING ALL FEDERAL, STATE AND LOCAL LAWS. REGULATIONS. AND ORDINANCES SHALL BE COMPUED WITH IN THE CONSTRUCTION OF THIS PROJECT CITY OF OTSEGO PROJECT NO. 07 -07 WORK SHALL CONFORM TO THE STANDARD UTILITY SPECIFICATIONS AS PUSHED BY THE CITY EN0INEERS ASSOCIATION OF MINNESOTA. 1999 REVISION. SHEET INDEX � 1( � J .. !� --- ..■.' THIS PLAN CONTAINS 35 SHEETS �- Ow.� e- ► ! I SHEET tia. wiz Y --- --- - u lli 2 plis 11,E �� 11 IIIIIF�i!1111111/ 1�t \`i ■ � � �. �'.�� /I isHEEr 5-6 TITLE + \IIIIIIIIIII ■�riB /IIIIIIIIII_ EROSION CONTROLJSWPP PLANS REMOVALS PLAN �1� 3 -4 SW ' = -- -- -- .,'• ` — I ' 7 -10 STREET AND STORM SEWER PLANS g....,R97 41P9 ion mkg 11 1. — - .1 ` — 11 'II. �, ,'`,VI 11 -33 CROSS SECTIONS - 1 1 � �1 11off _11� °tea e . el • . i N .:., ♦ _ ��1/_� BIIIIIIIIL -ET 1111k" " f i 1!r ♦ wr �1�111 lV % ♦ O ` � At — = _A.....�i11� T III IN IM I i _, PROJECT — In � �! /�i ni �_ � ° � 1 � LOCATION 31 j, ..., .... <45009 Vt _ . i OCAT .. r-- ( LS I! 1 f ; Illy 4 ill --, i y I .II�� N1 c N1� � - I r - - I ��w . , 0± , 0% ...... m . N.. ,,,,, _ __ 1 , I II P _ - � hereby waft d lreol w peplfleaMen, or report w prepared I 1 , bT . er abler peMebn and that I m dN Lloeneed Amgen Q Profwlonol En,lneer abler IM levee oT Me State of Ninnese/o. ∎L Ir�\� U C . DATE 5 RENT M. LARSON, P.E. UC. NO. HAKANSON ANDERSON CITY OF OTSEGO INC. WRIGHT COUNTY, MINNESOTA APPROVED DATE Tin CRY OF OTSEGO ENGINEER ' Hn THE E SUBSUR PACE UTILITY II Y ORNAIION IN ' � T - L� DATE REVISION Anderson 35)5 PLAN IS � W,DETE LEVEL D. BENCHMARKS: THS ASSOC. InC. ACCORD THE GUIDELINES of bop p bop laoo TNN 020.37 - TIN • MW CORNER OF _ ST 0 _ AVE. F ACCORDING M CIIASCE 30-02. Dam= cou "STANDARD 021.12 - 0 NW CORNER OF _ ST ! _ AVE. o Surveyors WIDEUNES FOR THE 5 COUJxTgN AND 1 ( CAI T A noNe M aeeeta 55303 DEPICTION OF EXISTING SUBSURFACE .TIRO B 763 -427 -5600 M% 763- 427 -0320 UTIUII' DATA." SEE SPECIFICATIONS. NGVD MS 7 CITY PROJECT 07 -07 SHEET 1 OF 35 SHEETS 07376 Xe o 4 R.` o Sg$i lr l �l ` 899 @�C0E�a y � ('1'' if �� ®lICI�60EI c 1 _ 1 ( / �ll G ,,.` Nii®�0iiii# � �' W z 1`f i( 1' pi bi ® i1i1i!thii „„, . i P i o 0 r Vl( l � it � M111l1ffi11l1 � 1 1 1 g o rilloulion Oil Q i I il e i ..G_8 E 1 a Yi 1 1 _ aa�p'.��nnpnaa g 3 1 11 : 1 Y i © AA i2:: P :rrr 1 !if R@ z B.r�Grr��crr�_`” SSS risi a a 1 1.0 1;!! ; Firiumung i : 'i'Ii'I'IIi'i1i'III k 1 111 n a . VI 1 Ifiliiiiiiiiiiii fr de a 9 pill Ai � I' Ira fox 11 ` , -' ,� 5 L 1 1 cal? R , 1 I II e P 1 Y $ g n i _ , ei i@@ � b l I' 1 •, A 1 ! p t ww . ilr- 1 .3.1 ti4 I. q it i ,3 b 1... iri if b : i z-I 1 a f l # 1b 11 3 1 �• 1 1 —ins $ �1 ed Li i 1g . 0 i e a OH 1 b I a 8I a L/ I ■ \ o I. , I I u 1 Y y T I I I ` t i 11 ¢ a- . I i I I 1 SIr 0 I : 0 6 I I 3 y I1=� 1Y g I 1 II N r � l i ' I— _ _ AAA \ \ C �T ; I „, & �I LiJ I 1 1 - LL w o 10 0 I 1,1 II I O` i I 0 n I , I , `l / I': � 1 a 1 oo = / 1 ,- 3'N 311N3AY 1/1381W1 T . 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SILT FEN i![)1itIKEI --�'- - 'p � - / ♦ , ♦ ♦ I I r1-1-129.,--v, r1-1-129.,--v, 2741F CE - I • ` o r r - - I LOT 13 LdT 4 r LOT 1 H N , ; I \ I RS \ \pASS ` \ \\\ \ I ' II LOT 121,', \ , I '1 \ \ ' A k[ I DATE - REVISION I p. m I...M VII, Sr 06 n sp. wm. ' ■ MOIR $ a a: y.1. a rn.nd "O I � HakanSOn Anderson ASSOC., Inc. ; EROSION CONTROL SWPPP SHEET Ew6+ and a 4 . rte 3601 TNwMan nBN AZ, Mak nd Ip 56303 )<4 D b nfil 'f Ne. S i_ �B 763 -137 -6660 FAX 763- 427 -0520 70TH STREET N.E. m �+ waa.Aakanaon- ondan,on aan a CITY OF OTSE00, MINNESOTA 35 SHEETS 07376 i 118 - 800 -25 -3300 7054 Labeaux Avenue N.E. Raymond & Nanc Slavik LOT 38 r D U E FI R C A I I Nancy Otsego, MN 55301 I 1 NUT HYDRANT it SAW CUT ( SAW CUT 2� I SALVAGE AND SALVAGE AND MOOR TO BAE PRIOR TO REINSTALL EXISTING REINSTALL EXISTING SALVAGE AND COURSE MILL 1 COURSE MILL 1 - I STOP SIGN STOP AHEAD SIGN STO _REINSTALL EXISTING FOOT SICK PRIOR PRIOR TACN -_ _ _ _ J L T)T� BAR COURSE ( r ir CAP REMOVE ISLE 12' CMP T I COURSE (2RSF) �i q -- - -- - — - - _-4- - _ -- _ __ _ .n ,s, SALVAGE AND REINSTALL EXISTING � � I__ R - _- _ . -a O i - __ _ _ _ __ _ _ - - _ + t — — _ Erizr TM. — I— E,E (AS 1 a � MON , AV AMP) SALVAGE AND OUTLOT A p REINSTALL EXIST ING ( � LOT 43 —{ I 11 STREET SIGN SAW CUT OASERRLF) I I TELEPHONE MANHOLE o COURSE IOU. I -- O FOOT RACK PRIOR T (LEAVE AS IS) WEAR TO PIACING T i COARSE GOOSE) TOWNE LA <ES 6TH ADDITIO\ I 50 100 S IN ttT cV 4„ /: i / i , i r i t y r i t r r I in aR' E E / ' , / /' i (O Q O , I REINST EXOiTI \" �' '- / , f- , , 1 1 N STOP AND STREET / R 0 0 _J " i I 1.- �- 1- 1-- SIGNS /\ LOT 1 -� o --/ o o o o o o 118- 800 -25 -4200 L : ._ i 1i - y i \ E GR Gerald & Jeannette K urtti p�{ �_- _ TOP , OF WORMY NE - -- ivp w,� ��'— 1 1 ELEVATION • IMO - ---� - � - n'` _'— s'^o awe ---- ' - - - -cam - der — - ---,ea — - — - -• o goORONNAIL I1 - TOW \E — ■ - 1 - r • OVUM I OUTLOT B ii LA<ES OUTLOT B I OUTLOT C I; 3RD LOT 1 1 ; HU \TERS PASS H A DDI TI O\ `' 1 -- II II DATE REVISION I nor .r W,. NM R,y �,, - - L, i mw».w Oury MOAN( er m. r wr . ewI Mlle � � — m n°. M,,,,e,d� "" 1 " I Hakanson Anderson Assoc., Sur Inc. r REMOVALS PLAN SHEET j RAA Ii 3501 TlvuMavl Aw., Anoka. Mlnnwde SSSOS 5 " Is nu. k . I. 13 IJ I Ae 7as- a27 -sea0 FAX Tes- a2T -as2o 70TH STREET NE. m Raw -OM" CITY OF OTSEGO. MINN.ESOTA 36 SMUTS 07378 • 'URTTI VEYER W ADD. • 11528 70tn Street N.E. V A R TI FARMS i Otsego, MN 55301 LOT 8 g LOT 8 OUTLOT B 1 18 - 122 - 080 -001 0 118 - 122- 080 -001 Gerald & 3 Gerald & Jeannette Kurtti I Jeannette Kurtti — — — _ _ I — — ��,� REMOVE ISLE S" CMP ((M SS 1 _ - i.W A,A `� a�az :aasav_ - -~— _ I--- _I_� I- — --h _ - —I-- - Y I •_a 0-01 a P- _ sw. - ._-� N PSI' _ P-m n .. r-w �, _ ■ _ — 7' V j - - -- �7µ � - r �rtn iR tE . \C \ _ mo — '° , .. - -1. w — — I EocL SALVAGE AND 1 I J REIN5 fAU EXISTIN G __ - \ S / \ Oil PMT C FIO AND STREET \` ,.1 l 1 II SAW CUT (GOLF) PRIOR TO ` ` \ \ °.re H U NOTE - R S P , A S S I I 1 11 1 1 PAVEMENT ro P tlHD PARK LC BASE COURSE MATH vasnmo – – ^ – :11: /____' /, , , I COURSE (2551) \ I ' I 1 1 1 T \ - • / -- / I \ • OUTLOT B : ,s1 I DRIVEWAY TO m BE REMOVED D ig I (177 SY) GRAVEL 4' CLIP / < 1 1 x 1 1 ,1r 1 R rta I a xw Kr p,[E _ Ery '°64 Y I / REMOVE GOLF f ® m / 4 SAW CUT PRIOR TO 50 0 I or \ SO -1- - --,— - _ �--- m ___2_,".± - - .t. BASE COU LL 1 FOOT —�- – 1 _ Or _ OI'� y I swo PRI M,ACMID wEM ' WALT 111 FEU E.-014 r-CO1 ,n SAW CUT [F) P RIOR TO .- I _ BAS WIIIFSE MILL , FOpT r i BACK PRKR TO PLACING 1„.,-=,..n r."-lij 1 WESUr000RBE'(NUF7 7 r ma LOT 1 LOT 13 LOT 14 LOT 1 m i 1 r , r I HU \ T RS ' tk, ASS P LOT 12 1'1 \ \ % 1 %' \ OAF[ REVISION - 1 r mitt, [nl `Om iMl ' E R ' � HGkanson Anderson Assoc InC. REMOVALS PLAN s h AA 3501 union A we. . O Meko. MIn 55703 RR MX x 763-427-0520 70TH STREET N.E. m 0°" 111 CITY OF OTSEGO, MINNESOTA 35 SHEER OT378 W \ \ 1 118-800-25-3300 7054 Labeaux Avenue N.E. LOT 38 I- i D U E 1 .='c 1 0 w Raymond & Nancy Slavik Otsego, MN 55301 TOP NUT OF HYDRANT II L J Fad 55LF 15' RCP 1 I:i .# _.........._ _..._ _ - I * . I - - - - - , 13" , ' IIWIIIMI=OMIIr:j.::=E=i= 77-AT- II I _--- . ___ Poll _.“----.-.--,-. . '7, •- . p ,„.. •• , ir ncv xv . rer-da- ii _ _____ _ _ _i_... 1 _ ___ i - 1 r- la' PASOMT CPS nut roof uses a. roomo.) 11 lir UPORM OUTLOT A LOT 43 0 1 —1 .1 ---' 0 !I a N i .. , TO WN E LAKES 3 6TH A II D I TI 0 \ iin6i , , . , . „..„,,. • ..,„ POINT ELEV - 98690 R3 • ' g HIGH POINT STA - 4+02.99 oz ... .275 ; i 4.. PVI STA- 175 4+93 . PV1 ELEV := 969.78 i g 8 RIC 8 A.o. =: -3.70 0 = 8129 .... 400! VC . PROPOSED LOW POINT ELEV - 961201 .; X .270 0 1 ..` PROFILE 8 F LOW POINT STA - 10+39.33 ... ...:1 970 . ; I - ---------------- __ ElasnmO t PROFILE I i PVI STA = 10+50 PV1 ELEV:= 95&12 V 8 1 1 -._ • ..,,. "" ---_ AA = 3.79 ---- . ..t. --. ....... .955 __ -- : if g g K = i05.55 965 0 :_ ----......._ EXIST. 12" RCP ---....... ....---- - ---- -- - ------ INV=9113.81 -........_ --..- ...-. 960 0 -- 960 r ------. ------------- — - ----- EXIST. 15": CRP HV.958.01 ..955 955_ .250 95Q .245 945 .240 94Q . , 4 s .,2 4 I I tg i Z1 V tg I tg Vg tg Og 11 Ig tg Vg ti I ti i 4 i 4 i ig i tg i ill i 4 tg tfl ig tg ig ig ii Fig Og ii ig tg Og ti ig 4 k kg i kg i 4 ig ig ig ig 2 3 5 5 :.. 7 a 9 i..) 11 12 14 15 I I DATE REISION • - i hen* aprEN 14 lb. gm. PpOPIIPadirl. PP; 10•11 pm,. by me or =or my dippiikirbs, I a .tiorgjauxxixrpx_. ... 11 H akanson Anderson Assoc. Inc. STREET AND STORM SEWER PLAN : duly tropsd PM.** r...irvirszeo '""T 7 sem 1 mu 13 70TH STREET N.E. tiff= 763-427-5560 FAX 765-427-0520 35 1, Do. uo. No. AMIN_ RAY yonchakonsen-anderyensom CITY OF OTSEGO. MINNESOTA SPIEV5 07376 V,1 g O .' .1 m 600s2' : 3303 I °' m p N N f 'v' i � g 1 6ayss6 0 a O g o0+6z :son s C psT j i I� + on :� 8 Z:K 6 �` � R i 1 1 I a .,1 41056. N f I O . .f." 1 ! l / i x j 95'006 S O c a � 1 I. a. 59'956 3398 1 rn O 1 1 I ' 00+9Z '93n9 1 09 8 . W W W = 1 d I _ / I cm N 0� L W / 1 mar Y 7 r I 1 e+u 1.171 o 1 gr.. ir% 0 Z iak I a I I I .1 WM )Z 101 I ; 44.. II I 1 MO 1 O 2 t 6L 101 II— W 1 I I D 2 I fi p s 2L 101. 1 �y. •;� W I I 1 �_ = I .us ° I _ L6 193 I BB .. (�y o S Z+tZ YON I Le -906 I 11 i 1 % L 101 : t30 t ' 1 I a•nnn I 1 >. t /86 Y a. c • I 1 1. 1.... . . F Z 1 1 1 4 §.. 9L 101 11 -z I az 6 <" r s� E x L 4 1 8 _ 1 . :, 0 ¢ w � g W vi 1 06'156 3399 1 T I .Z 1 1 1 J - »'156 :3303 ; 11 08 .,. x . p 3 7 L 101 I-11 1 1 . Y fl n 09 +ZZ S'Y�3 99006 ° �1 n 1 ` r 1 J �I I I � Q �( a 1 cg ue a - f 1— J < erne Ea ■ a. I 1 ¢a 9f = 7i 1 I I I . a I ✓n u f626 Rich 1 1 A. m, � Q _ vpp I 1 I I y I 1 1 I +R 1 T.:6 \ Z� �/ I I 9 a ag?4 I 'mil. F. 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Rat 1 a XI LOT C \ ax : \\ 1 I > > OU1 1 L�OT C RS PASS PARK HUN•TE RS'P,ASS 1 I j I x — \ SCK I N El: .270 970 HIGH POINT ELEV ■ 957.85 I o o 39 +25 -100' VC $ _HIGH POINT STA - :37 +52.11. $ Pw ST p 5TA - 40+50 ..96 S PONT I 1 1 Pw:STA - 37 4 25 w ELEV . 956.41 GO' VC —� 165`. 'VC p p.m - BA4 3 965 `� P w ELEV - 91b. 0 P n AI: ∎ 0:96 " 8 FIR STA - 32 +15 LOT/ EkEV .. 952.32 + P A;O. - -206 — 1 0 3 . 8} R m �, A0. - -0.74 P Pw ELEV ■ 95290 LOW POINT STA . 33+50.19 u4 IPi K} "4 g K .. 535 $ r $ J 960 n AD. - "4 $ Pw STA -34+00 y W d! % 5360 g g 3 v g • " - •2 PJ .n ... Pw. ELEV �. 952 ... $ i f yµ 960 .. . /- PROPOSED Q PROFILE { n m g $ A w A.D. - 246 G� IX � S' y1 g g K - 87.19 4 - _ - _ IST910 PROFILE 953 .. - m m m t ----------------------- - it 955 .950 950 ... 9.45 945 .940 940 ... .. 933 ..43 n �p q {y m p q n H W a n e ap O 935 aY �Y 9 N O [0. R [Y 9� [Pl w. n Y I� M N ,•f 9 1� �•m 9S wO O, N r 1'1 T r'f N „ P .+O 3 • 0 01 0 010 ia:a0a01010 ii 0a :1010101 01 0 010 01 0 01 aag010tai 01i raii i1 i; i 013 01 0 a ix — :v.., a ®` Hakanson Assoc., Inc. 9 11.x. w.p.,l T " w STREET AND STORM SEWER PLAN SMEE T a ,fl � wFpt 70TH STREET N.E. 35 3 — Q R M 3601 Thurston Ave., Aw., Anoka. ke= 55503 ' � �/�/�,/ m �— °a 7 � nakan. nro D *6 LSD CITY OF OTSEGO, MINNESOTA SHEETS u — DaM U o. Na dSCQ9 RJW OT376 o � O O O N C in to M„ ^ h r0 to In N V a M Or Or 01 m 01 01 Or Or e o S O Z 5 a a I- K N d $ er W 2 N Z Z _ ? W 0 P • O u. . O O v - -..9) ,, g y S _ _ �1 3_N 30lgAY N3A13VI5 g - - - - - - .- c+n T I ' ►4 w 1 (e 1 t I / 1 . I 11. 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IIII��77 zo GI Ti �• \ r■ IEII fkM Enpk,w• 0 od IanO s�n3 1 ` eo n ' �� )7 I (`j / , CITY OF OTSEGO, MINNESOTA • www.6akanoon- oa6oroomoom z«2ns 07376 23 +00 900 M` --- x2,9 /ao - - - -- - - - - Ise — -- — s56 — f 932 — _- �-- - - - - -- 052 545 - - — 948 9e{ i 1 -00 -00 -40 -20 0 20 40 e0 00 22 +50 ----KW 666 966 1 950 - - -- 902 - -< M2 900 . -. - -- ' 948 944 9e{ ii 940 -60 -e0 -00 -20 0 20 b e0 60 10 22 +00 '55 509 056 963 - - -- - - - -- 092 941 _ 048 9N__ --- 066 il W -50 -60 -e0 -20 0 20 00 00 q NO 21 +50 flee 6pt — 036 962 962 / 444 NS 904 < -- -- ]g 990 540 P -50 -W -00 -20 g 0 20 00 e0 N 940 w12 REVISION ®t CROS SECTIONS S HEET r _ PaE�� I � H 3801 %o n Aw... Anoka, Assoc., Inc. rt-isitintao 21 C3 3s 6AA 360, iM w ekn AvO., Anoka. 6530.5 ®. 763 -427 -5660 FAX 763 -427 -0320 I �+ `ww.hokansen andenen.oem a I CRY OF OTSE00, MINNESOTA smuts 07376 25 +00 ew KM - - - - ---- -- Ild 060 052 - - _ 502 948 ii we -00 -60 -40 -20 0 20 40 00 24 +50 060 _RON NOW 000 *511 --- -- - -- - -- 656 f -- �� 062 - -_ --- '.--- 052 040 010 vu su -60 -00 -40 -20 0 20 40 60 24 +00 6011 0a 060 NI � - -- --- 032 • — 016 016 i i 044 04{ -40 -40 -20 0 20 40 60 23 +50 KW WV O w — 000 6w - - - ---- ��_____ - -� '•�. -_- 666 652 - -- _ - - - - -- 662 1 r,__ ' w 644 -60 -00 .40 -20 0 20 40 00 . � REVISION v ®. CROSS SECTION SMUT • dm. Hakanson Anderson Assoc. Inc. 6111111144)°' 22 , W , y p E r e CMI E nOlneen aM loM rv0F 1 d �`' ° "` RAA 3601 T00Men Ave.. 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Mnnmte 55303 70.5 - tY7 - 5660 CAX 763 - 427 - OS20 v- 3.hakanson and7wn.ocon CITY SHEETS 01316 38 +00 060 _ — •. 900 066 � - -- _ - -�� ._ Na ME ------- - - - - -- 2u __ 0.6 111.111111111.11111 w2 -60 -40 -20 0 20 ._• 40 w . 946 37 +50 050 500 — 1100 000 - r -_ -- --- - -- OM MI -1; a2 -00 -40 -m 0 20 b so 00 37 +28.85 000 092 tow no IMO - - -- -- - - - - -- - - ...-447 _. - - - -- - - - - -- no 062 p q - 0 -40 -110 -2o o 20 b w 00 37+00 500 590 0W 2w 956 _ _ — �- - - -- - - --'' w 2a: sat N6 -eo -- -m so 20 40 io 041 36 +50 59, "4 i WM —_,....:;''''.....- r — -- --- ____ no WM -d6 -40 -20 0 20 20 a 10 0 DATE REVISION sec CROSS SECTIONS 2 MEEt g Hakanson Anderson Assoc. Inc. r --, ,E l f incool 28 a _ �` r' OA AI cnan .«+ end land urw�o 35 f A FGA 3601 11wrNon Aw.. 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I I H111 H111, / / o.. 11111 # # ? # # # $ 3 # # :$ ri # # # i a 1 g nE„ na FN o 0 M Q f 0 H W 2 Z — O 3 U W Q N W N H cn O 8 0 $ 1 I . 8 8 8 $ I 3 a 11 I s 1- t 1 § 1 if ! fr R { 1 i 3 a P s a ; s 6 s O I + C� ps I IA 1 e / 2 I i 8 41-014i 9 ; g 8 ■ � Cw i i a E • I 8 ;31F p ° Ln v 1 + Errs0 e ' R = ln , s � � a ' 11 1 , I h 0 $ a ,raw e MEM rag I In i o $ ' + 111,1110 e I s ' 1) exe 1 1 '2' 1 I $ S I $ Iiii � 1 f. lt F. i i 3 4 : I 3 3 I 3 3 I 1 s 6 1 1 1 a a .mod i - (YOt YOW ITEM 9_3 RESOLUTION NO. 2007 -52 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 the 70 Street Improvements, from CSAH 19 to Maciver Avenue NE. 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, revision date August 8 2007, a copy of which is attached hereto and made a part hereof, are hereby approved. 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 September 4 2007, in the council chambers of the city hall, 8899 Nashua Avenue, Otsego, Minnesota, 55330. No bids will be considered unless sealed and fled with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the clerk for 5.0 per cent of the amount of such bid. Motioned By Seconded By Larry Fournier, Mayor Judy Hudson, Clerk S AMunidpaMOTSEGO\376WESOLUTIONS ot376resPlansOrdAds.doc ITEM 10 -1 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 **Aso licensed in Colifornio (763) 497 -2599 (FAX) courimacarthur@earthlink net August 9, 2007 City Council Members City of Otsego c/o Judy Hudson, City Clerk 8899 Nashua Avenue NE Otsego, MN 55330 RE: Proposed Annexation of Property from Monticello Township to City of Otsego Minnesota Native Landscapes, Inc. Dear Council Members; Please find enclosed for possible action after the scheduled Public Hearing on Monday night, August 13 an Ordinance annexing the petitioning properties into the City of Otsego and a proposed resolution adopting the Ordinance. I have included within the ordinance compensation to Monticello Township for the loss of taxable property as required by statute. I have also included a differential taxation provision for the easterly (Helfert) parcel. This would step the property up from the Township tax rate to the City tax rate over a period of years. This is an option provided for in statute when the property will not be immediately developed. I will be available to further discuss the public hearing and annexation process at the City Council meeting on Monday night. Very u An ew J. hur OURI, MACARTHUR & RUPPE, PLLP Encls. cc: Monticello Township Wright County Planning Minnesota Native Landscapes, Inc. Michael and Alice Helfert Elaine Shierts CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2007-09 AN ORDINANCE ANNEXING UNINCORPORATED LAND ABUTTING THE EXISTING CITY LIMITS OF THE CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES 414.033, SUBDIVISION 2(3) PERMITTING ANNEXATION BY ORDINANCE THE CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS AS FOLLOWS: Section 1. That the unincorporated land described on the attached Exhibit A abuts upon the limits of the City of Otsego, is not now included within the limits of any City, is 60 acres or less in size, is or is about to become urban or suburban in character, is not presently served by public sewer or water facilities and 100% of all the owners of property in the area described have signed a petition requesting that the property be annexed to the City of Otsego. Section 2. That the corporate limits of the City of Otsego are hereby extended to include the land described in the attached Exhibit A, said property containing 51.7 acres, more or less. Section 3. In compliance with Minnesota Statutes §414.033, subdivision 2,3 , property taxes payable on the property described in the attached Exhibit A shall be apportioned and paid to Monticello Township by the City as follows: a. Property taxes payable on the annexed area shall be payable to the Township for the year in which the annexation becomes effective. Thereafter, property taxes shall be paid to the City but shall be apportioned as listed below, and the City shall make a cash payment to the Township yearly in the following amounts: b. In the first year following the year in which the land was annexed, 90% of the property taxes paid in the year the land was annexed; c. In the second year following the year in which the land was annexed, 70% of the property taxes paid in the year the land was annexed; d. In the third year following the year in which the land was annexed, 50% of the property taxes paid in the year the land was annexed; e. In the fourth year following the year in which the land was annexed, 30% of the property taxes paid in the year the land was annexed; f. In the fifth year following the year in which the land was annexed, 10% of the property taxes paid in the year the land was annexed. Section 4. The easterly parcel (Helfert Parcel) is currently rural residential and may remain so for a period of years, and therefore the City has determined that the tax rate for that property for City purposes shall remain at the Township rate for the first year, and then shall be brought up to the City rate over a five year period with a 20% increase per year of the difference between Township and City rate at the time of annexation, except that if the land is rezoned for other purposes the full City rate at that time shall apply. Section 5. That prior to approval of the annexation by Municipal Boundary Adjustments, petitioners shall execute an agreement with the City insuring upgrading of Jaber Avenue to the standards set forth in that Agreement within three years from the date that any business operations are commenced on the westerly parcel. Section 4. The City Clerk is hereby directed to file certified copies of this ordinance with Minnesota State Department of Administration, Boundary Adjustment Division, Secretary of State, the Monticello Town Clerk, and the Wright County Auditor. ADOPTED this 13 1 day of August, 2007. IN FAVOR: OPPOSED: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk UBobtuppc\bob's dBoblMonveadMasysvilk Annexation \Annexation (EP* DakY)uunc mdinana for EPpk Dairy.doc 3 Proposed Annexation Descriptions City of Otsego Property 213- 000 - 281200 Section 28, Township 121, Range 24, 29.14 acres That part of the Northwest Quarter of the Northeast Quarter of Section 28, Township 121, Range 24, Wright County, Minnesota, lying northeasterly of the northeasterly line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 86 -3 said Wright County, Minnesota Property 213- 000 - 281400 Section 28, Township 121, Range 24 22.67 acres That part of the Southwest Quarter of the Northeast Quarter and the Southeast Quarter of the Northeast Quarter of Section 28, Townsh8p 121, Range 24, Wright County, Minnesota, lying northeasterly of the northeasterly line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 86-3 said Wright County, Minnesota. EXHIBIT A U T • IA h.- 8 - i -;--- L1 ... „ t.., > RTH < 0 .ce il Lu li IP _ to si 0 z go 30.to REP 85TH ST 0 I° 85TH ST —J LL III ; (.2 4 Z 0 is M V 1 I” 1 IA LL1 , . (X 4,...,.., - 2 P< PID 213000281200 „,,, . ..,....4 -eu 4.. s t;''''It‘ 77TH ST. ..... *. I .rt,"lb P10 213000281400 ..,..,,,,...,,, r''' 70TH sT, 1 MI • i II. 0 - ilk z•i-„._-z, : . I coma :.4.-... lila I 1•.57.. A.'",.. ''.7-•'• 7 I. 0 ° s'=.4 ......i,.... tal gi ce c4i1 1--gul o co -- < o • 01 u 2 1 1111.C) a Fil a ' Z...3 0 a a a 1 a fin . -7 7 , a a v ,.: .. .- g 17 5A.SEIVI AP F_OURCE ' COUNTY . , ki--- ,-- Ic ' v •.as="'” ' -4.- ,,,_____, f: .,-, , , 1! ;1. , , 3 •- CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2007-53 RESOLUTION ADOPTING ORDINANCE NO. 2007-09 AN ORDINANCE ANNEXING UNINCORPORATED LAND ABBUTTING THE EXISTING CITY LIMITS OF THE CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA PURSUANT TO MINNESOTA STATUTES 414, SUBDIVISION 2(3) PERMITTING ANNEXATION BY ORDINANCE WHEREAS, all of the property owners (Helfert, Shierts and Minnesota Native Landscapes, Inc.) of the Subject Property owning less than sixty acres and abutting the City of Otsego have requested annexation to the City; and WHEREAS, the land in question is deemed to be urban or suburban in character or about to become so; and WHEREAS, the City of Otsego has caused notice to be served in conformance with State statute and has held a public hearing on the matter on August 13, 2007 at a regularly scheduled City Council meeting; and WHEREAS, a commercial operation is proposed upon portions of the property and traffic from that operation would directly impact Otsego City roads; and WHEREAS, as a condition of annexation the owners of the proposed commercial operation have agreed to provide for upgrade of the impacted road (Jaber Avenue) to an agreed standard as approved by the City Engineer within three years of commencement of business operations; and WHEREAS, the proposed ordinance provides for City reimbursement to Monticello Township for taxable property annexed under the order pursuant to Minn. Stat. 414.036; and 1 WHEREAS, the City has determined that the easterly parcel (Helfert Parcel) qualifies for differential taxation pursuant to Minn. Stat. 414.035. NOW THEREFORE, the City Council of the City of Otsego, Wright County, Minnesota hereby adopts Ordinance No. 2007 -09 and hereby directs that the Ordinance be transmitted to State of Minnesota Department of Administration Boundary Adjustments for an order consistent with the ordinance. ADOPTED this 13 day of August, 2007. Motion for adoption made by Council Member and seconded by Council Member IN FAVOR: OPPOSED: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk 2 ITEM 11_1 AGREEMENT BETWEEN THE CITY OF OTSEGO AND THE CITY OF ALBERTVILLE REGARDING IMPROVEMENTS TO 70TH STREET AGREEMENT entered into this day of , 2007 between the City of Albertville ( "Albertville"), a municipal corporation organized under the laws of the State of Minnesota, and the City of Otsego ( "Otsego "), also a municipal corporation organized under the laws of the State of Minnesota. For purposes of this Agreement, Albertville and Otsego may also be collectively described as the "Cities" 1. Streets Subject to This Agreement This Agreement covers the following existing and future road which is on the borders of the two Cities: a. 70 Street between CSAH 19 and Maclver 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 street 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 street be constructed in the approximate location and with accesses in the same number and approximate locations as shown on the attached Exhibits, unless otherwise agreed by the Cities. 3. Project Management. For this road project subject to this Agreement the City of Otsego and the City of Albertville shall all designate one or more 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 4. 70 Street between CSAH 19 and Mather 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 A. The Otsego City Engineer shall provide copies of the completed Plans and Specifications for review to Albertville's City Engineer 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. 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 of discontinuance. Each City shall also be responsible for 50% of any costs that are incurred as a result of the discontinuance. 5. Storm Sewer. In any project where storm sewer is determined to be needed to adequately drain water from the road, such storm sewer costs shall be included in the project cost. In the event storm water ponding is required for a project, the engineers for the Cities shall consult with each other and determine the best locations for such storm sewer ponding. The City Councils shall then attempt to agree upon the location of such storm water pond. 6. Street Maintenance. The Cities shall continue to negotiate an agreement regarding maintenance of all streets included in this Agreement. 7. 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. 8. 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. 2 9. Miscellaneous. 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. 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 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 with both Cities 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 70 Street covered by this agreement are merged into 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. 10. Applicable Law. This Agreement shall be construed under the laws of the State of Minnesota. ADOPTED this day of , 2007 by the Otsego City Council. IN FAVOR: OPPOSED: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk 3 Adopted this _day of , 2007 by the Albertville City Council. IN FAVOR: OPPOSED: CITY OF ALBERTVILLE Ron Klecker, Mayor Bridget Miller, City Clerk 4 EXHIBIT A 70 Street 5 ITEM 11.2 CSAH 37 JOINT ROAD IMPROVEMENT AGREEMENT BETWEEN WRIGHT COUNTY CITY OF OTSEGO CITY OF ALBERTVILLE THIS AGREEMENT, made and entered into by and between the County of Wright, Minnesota, acting by and through its County Board of Commissioners (the "County ") and the City of Albertville, Minnesota, acting by and through its City Council ( "Albertville ") and the City of Otsego, Minnesota, acting by and through its City Council ( "Otsego "). WHEREAS, a study of the transportation needs of the north east quadrant of Wright County has been previously performed via a report dated June, 2004, which identified that the portion of CSAH 37 addressed in this Agreement has been identified as a candidate for turn back to Albertville and Otsego; and WHEREAS, improvements to Wright County State Aid Highway No. 37 ( "CSAH 37 ") are necessary in conjunction with the development of property in Albertville located on the south right of way line of CSAH 37, east and north of Interstate No. 94, and west of MacGiver/MacKenzie Avenues as shown on the attached Exhibit A (the "Morris Property "); and . WHEREAS, the parties contemplate that future improvements will be necessary with the development of property in Otsego located on the north right of way line of CSAH 37, east and north of Interstate No. 94, and west of McGiver/MacKenzie Avenues as shown on the attached Exhibit A (the "Eide Property"); and WHEREAS, a Cooperative Agreement between the County, Albertville, and Otsego outlines the responsibilities and financial commitments related to the development of the Morris and Eide Properties. NOW THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD THAT: 1. Albertville shall, at its expense or at the expense of the owner of the Morris Property, construct or cause to be constructed the road improvements shown on the attached Exhibit B. Such road improvements shall be substantially completed by October 31, 2008. 2. The parties contemplate that at some point after development of the Morris Property commences a traffic control signal ( "Traffic Control Signal ") may be needed at the intersection of CSAH 37 and the 1 proposed Lymon Avenue shown on Exhibit B. Anytime after the issuance of an occupancy permit for any building on the Morris Property, Albertville or Otsego, upon concluding that installation of a Traffic Control Signal at CSAH 37 and Lymon Avenue would be in the best interest of the public, may request that Wright County require the construction of a three - sided Traffic Control Signal in substantially the configuration shown on the attached Exhibit C. In response to such request, or upon its own initiation, Wright County may, in its discretion, require Albertville to install said Traffic Control Signal, in which case Albertville shall install, at its expense or the expense of the owners of the Morris Property, said Traffic Control Signal in accordance with plans and specifications approved by the County Highway Department. 3. Upon construction of the three -sided Traffic Control Signal, Albertville shall be responsible for providing the necessary electrical energy for the operation of the Traffic Control Signals, and any electrical energy for street lights. In addition, Albertville shall be responsible, at its cost and expense, to (1) relamp the Traffic Control Signals; and (2) clean and paint the Traffic Control Signals and cabinets; (3) provide the maintenance on luminaries; and (4) reimburse the County for maintaining the EVP System. (Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statues Chapter 169.01, Subdivision 5 and 169.03). In the event said EVP System or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violations continues after the receipt by Albertville of written notice thereof from the County, the County shall remove the EVP System, at Albertville's expense. 4. The parties contemplate that at some point after development of the Eide Property commences, the fourth side of the Traffic Control Signal (controlling traffic to and from the Eide Property on the north side of CSAH 37) may be needed at the intersection of CSAH 37 and the proposed Lymon Avenue shown on Exhibit B. At the time of platting of the Eide Property or anytime after such platting of the Eide Property, Albertville or Otsego, upon concluding that the installation of the fourth side of a Traffic Control Signal at CSAH 37 and Lymon Avenue would be in the best interest of the public, may request that Wright County require the construction of such fourth side of the Traffic Control Signal. In response to such request, or upon its own initiation, Wright County may, in its discretion, require Otsego to install said fourth side of the Traffic Control Signal, in which case Otsego shall install, at its expense or the expense of the owners of the Eide Property, said fourth 2 side of the Traffic Control Signal in accordance with plans and specifications approved by the County Highway Department, and shall _ install, at Otsego' s expense or the expense of the owners of the Eide Property, any road improvements to CSAH 37 or changes to the Traffic Control Signal which Wright County determines are necessary to allow the Eide Property to access CSAH 37 at the Lymon Avenue intersection. 5. Upon construction of the fourth side of the traffic signal, Otsego and Albertville agree to each be 50% responsible for providing the necessary electrical energy for the operation of the four -sided Traffic Control Signal, and any electrical energy for street lights on CSAH 37 east of Interstate 94 and west of Maclver/MacKenzie Avenue. In addition, Albertville and Otsego shall each be 50% responsible for the cost and expense to (1) relamp the Traffic Control Signals; and (2) clean and paint the Traffic Control Signals and cabinets; (3) provide the maintenance on luminaries; and (4) reimburse the County for maintaining the EVP System. (Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statues Chapter 169.01, Subdivision 5 and 169.03). In the event said EVP System or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violations continues after the receipt by Albertville and Otsego of Written notice thereof from the County, the County shall remove the EVP System, at Albertville's and Otsego's expense. 6. Upon Completion of any portion of the Traffic Control Signal, it shall be the County's responsibility at its cost and expense to (1) maintain the signal controller, (2) determine the appropriate signal timing sequence, (3) provide phone service to the controller for remote servicing, (4) provide for replacement of poles, cabinet etc. if they should be damaged • through vehicle collision etc. (major maintenance), (5) provide - maintenance for the EVP system which costs would be reimbursed by Albertville and/or Otsego pursuant to the terms of this Agreement. 7. Albertville and Otsego shall each indemnify, save and hold harmless the County and all of its agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or performance of each party's respective work provided for herein to be performed. The County shall indemnify, save and hold harmless Albertville and Otsego and all of its agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or 3 character arising out of or by reason of the execution or performance of the work provided for herein to be performed by the County. Albertville and Otsego shall indemnify, save and hold harmless each other and all of their agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or performance of each party's respective work provided for herein to be performed. 8. It is further agreed that any and all full -time employees of the County and all other employees of the County engaged in the performance of any work or services required or provided for herein to be performed by the County shall be considered employees of the County only and not of Albertville or Otsego and that any and all claims that may or might arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the work or services provided or to be rendered herein shall be the sole obligation and responsibility of the County. 9. It is further agreed that any and all full -time employees of Otsego and Albertville and all other employees of the Otsego and Albertville engaged in the performance by any work or services required or provided for herein to be performed by Otsego or Albertville shall be considered employees of their respective cities only and not of the County and that any and all claims that may or might arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said Otsego or Albertville employees while so engaged on any of the work or services provided or to be rendered herein shall be the sole obligation .and responsibility of the City employing such employee. 10. It is further agreed that any and all full -time employees of the Otsego and Albertville and all other employees of the Otsego and Albertville engaged in the performance of any work or services required or provided for herein to be performed by Otsego or Albertville shall be considered employees of their respective cities only and not of the other city and that any and all claims that may or might arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said Otsego or Albertville employees while so engaged on any of the work 4 or services provided or to be rendered herein shall be the sole obligation and responsibility of the respective City which employs such employee. _ 11. Before this Agreement shall become binding and effective it shall be approved by the City Council of Albertville and Otsego and it shall also be approved by the County Board and such other officers as the law may provide. 12. In the event that CSAH 37 is turned back to Albertville and Otsego or is otherwise no longer a Wright County highway, the terms of this Agreement shall no longer apply to Wright County. IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers and caused their respective seals to be hereunto affixed. County of Wright: City of Albertville: Recommended for Approval: Recommended for Approval: County Engineer City Engineer, Albertville APPROVED APPROVED Chair, County Board Mayor City of Albertville County Attorney City Attorney, City of Albertville County Coordinator City Clerk, City of Albertville Date Date 5 Recommended for Approval: City Engineer, Otsego APPROVED Mayor City of Otsego City Attorney, City of Otsego City Clerk, City of Otsego Date 6