Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
06-25-07
ITEM 4_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: 25 June 2007 RE: Otsego — Minnesota Natives Landscapes, Inc. NAC FILE: 176.08 Minnesota Natives Landscapes Inc. (MNL) is a commercial wholesale business related to restoring wetlands, woodlands and shorelines proposing to locate on a 30 acre site in Monticello Township. The business location would be accessed via a private driveway extended from the site through a parcel abutting the City of Otsego and a connection to 77 Street west of Jaiger Avenue. The Wright County Board of Adjustments approved a variance on 22 June 2007 to allow for the proposed site to be accessed other than directly to a public street. A public hearing before the Wright County Planning Commission for a conditional use permit to allow the business at that site is scheduled for 28 June 2007. The proposal for 77 Street to be used for heavy truck traffic raises significant concems for the City of Otsego, whether the use is located in Otsego or Monticello Township. This section of 77 Street was constructed as part of the °Finn Road' extending along the boundary between Otsego and Monticello Township. According to the Otsego City Engineer and Public Works Director, the construction and condition of existing 77 Street is inadequate in terms of width and load capacity to support heavy truck traffic likely to be utilized by Minnesota Natives Landscapes, Inc. The City Engineer recommends that 7r Street be United to a five ton weight limit to prevent additional deterioration of the roadway. Please refer to the attached memorandum from the City Engineer for more detail. A related issue is that this street currently provides access only to property in Monticello Township. The City Council recently directed that minimal maintenance be done for this street as part of the City's annual street maintenance program to minimize City expenditures. Given its current condition, use of 77 Street by MNL would cause the need for additional street maintenance and advance the need for reconstruction with no corresponding increase in property tax revenue. It must also be emphasized that a use proposing to utilize 77 Street on the north or south side of the roadway in Otsego would likely be required to upgrade the street to a 10 ton commercial/industrial street section as a condition for access. City staff met with MNL at the staff meeting on 21 June 2007 and discussed the City's concerns with Wright County Planning staff. It was discussed at the staff meeting that there are four potential options for allowing MNL to utilize access to 77 Street: 1. Upgrade the street to a 10 ton commercial/industrial street as would be required for a development in Otsego. 2. Overlay the street to provide an approximate 7 ton capacity, which would leave the full upgrade to City standards in the future to an abutting development. A developer of a project abutting 77 Street after it is overlaid would likely argue that the street is in adequate condition to support their use. 3. Enter into an agreement with Monticello Township to assume full responsibility for maintenance and future reconstruction of the Street currently only used to access Township parcels. If an abutting parcel in Otsego were to develop and the street upgraded to City standards, the City would once again assume responsibility for 77 Street. 4. Do nothing. City staff stated that only options "1" or "3" would likely be acceptable to the City Council. City staff will add this issue to the City Council agenda on 25 June 2007 for discussion and direction to the developer and representatives on MNL are expected to attend. We recommend that the City Council direct City staff to prepare a resolution limiting the weight on 77 Street to five tons unless an agreement is executed between the City of Otsego and Monticello Township whereby Monticello Township assumes full responsibility for the street until accessed by property in Otsego. c. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer 2 Hdk son 3601 Thurston Avenue, Anoka, MN 55303 3( ) jj Anderson Phone: 763/427 -5860 Fax: 763/427 -0520 Assoc.,tnc. MEMORANDUM To: Honorable Mayor and City Council cc: Mike Robertson, Administrator Judy Hudson, Clerk Dan Licht, NAC Andy MacArthur, City Attorney Ronald Wagner, P.E. City Engineer From: Brent Larson, E.LT. Date: June 19, 2007 Re: Monticello Township — potential landsca • business using 77"' Street NE as haul route When considering the primary haul route for a future landscape business to be looted in the Northeast quadrant of Section 28, Range 24, Township 121, in Monticello Township, it is our opinion that 77 Street NE should not be an option. 77 Street NE was constructed in October 1994 as part of a cooperative experimental project between the Finnish National Road Administration and several units of Minnesota government. Those included in the research project were the University of Minnesota's Center for Transportation Studies, the Minnesota Local Road Research Board , Wright County, Stearns County, as well as the City of Otsego, Benton and Sherburne Counties, and MnDOT. Prior to the Finnish Overlay Paving project, 77 Street NE was reconstructed along with the Mn /ROAD Research Project located to the south and west. 77 Street NE was subcut 2' removing unsuitable soils and replacing with good subgrade soil, 4" of Class 5 aggregate and 2" of Class 1 surfacing aggregate. As part of the cooperative Finnish Overlay project a 2" layer of the Finnish oil gravel mix was placed on an additional 6" of Class 5 aggregate base. The street was built to 22' wide with 1' shoulders. Tests were taken on the in place soils and found to have R- values between 8 and 12, indicating a soft subgrade. The mad was constructed in numerous test sections varying in thickness to determine which area will maintain a passable road condition the longest. Certain sections along 77 Street NE and Jalger Avenue NE have already required maintenance due to some sections failing. The streets constructed during this experiment do not meet the City of Otsego's current commercial/mdustrial road section. C:\Docu ments and Sertings\D. DANIEL LICEI\My Doca \Otsrgo \77th sired RV W2.doc RESOLUTION NO.: 2007 -40 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION ESTABLISHING FIVE TON WEIGHT RESTRICTIONS FOR A PORTION OF 77 STREET WITHIN THE CITY OF OTSEGO. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY RESOLVE: WHEREAS, the 77 Street between the west boundary of Otsego and Jalger Avenue is a public street under the jurisdiction of the City of Otsego; and, WHEREAS, 77 Street was constructed 77 Street NE was constructed in October 1994 as part of a cooperative experimental project between the Finnish National Road Administration and several units of Minnesota govemment including the University of Minnesota's Center for Transportation Studies, the Minnesota Local Road Research Board, Wright County, Steams County, Benton County, Sherbume County MnDOT and the City of Otsego; and, WHEREAS, prior to the Finnish Overlay Paving project, this section of 77 Street was reconstructed along with the Mn/ROAD Research Project located to the south and west by subcutting 2 feet to remove unsuitable soils and replacing with good subgrade soil, 4 inches of Class -5 aggregate and 2 inches of Class 1 surfacing aggregate; and, WHEREAS, as part of the cooperative Finnish Overlay project a 2 inch layer of the Finnish oil gravel mix was placed on an additional 6 inches of Class 5 aggregate base and surface was built to 22 foot wide with 1 foot wide shoulders for this section of 77 Street; and, WHEREAS, tests were taken on the in place soils of this section of 77 Street and found to have R- values between 8 and 12, indicating a soft subgrade; and, WHEREAS, this section of 77 Street was constructed in numerous test sections varying in thickness to determine which area will maintain a passable road condition the longest; and, WHEREAS, this section of 77 Street constructed during this experiment does not meet the City of Otsego's current commercial/industrial street section established by the adopted City Engineering Manual; and, WHEREAS, this section of 77 Street has already required maintenance and patching due to some sections failing; and, WHEREAS, the City Council directed at their meeting on 11 June 2007 that this 1 section of 77 Street be designated as a minimum maintenance street as part of the City's Annual Street Maintenance Program; and, WHEREAS, no properties in the City of Otsego access directly to this section of 77th Street; and, WHEREAS, one property in Monticello Township currently accesses this section of 77 Street; and, WHEREAS, the Wright County Board of Adjustment approved a variance on 22 June 2007 allowing development by Minnesota Native Landscapes, Inc. of a parcel in Monticello Township not abutting this section of 77 Street based on access only to 77 Street across an abutting property using a private drive; and, WHEREAS, the proposed Minnesota Native Landscapes, Inc. development is a commercial wholesale business related to restoring wetlands, woodlands and shorelines; and, WHEREAS, the opinion of the City Engineer, Hakanson Anderson Associates, Inc., is that 77 Street in its current condition does not have the capability to support heavy truck traffic generated by a business such as Minnesota Native Landscapes, Inc., whether proposed in the City of Otsego or Monticello Township; and, WHEREAS, use of this section of 77 Street by a business such as Minnesota Native Landscapes, Inc. has the potential to cause damage to the public street outside of expected normal wear increasing the burden on the City's Public Works Department and City budgets for Street maintenance and construction. WHEREAS, Minnesota Statues 169.87 allows Cities to prohibit the operation of vehicles upon any such roadway or impose restrictions as to the weight of vehicles to be operated upon any such roadway, whenever any such roadway by reason of deterioration will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights thereof reduced. NOW THEREFORE BE IT RESOLVED THAT, the section of 77 Street between the City of Otsego's west boundary and Jalger Avenue shall be weight restricted and enforced to not more than five tons per axle until repealed by resolution of the City Council MOTION BY: SECOND BY: ALL IN FAVOR: 2 THOSE OPPOSED: ADOPTED by the Otsego City Council this 25th day of June, 2007. CITY OF OTSEGO By: Larry Foumier, Mayor Attest: Judy Hudson, Zoning Administrator /City Clerk 3 ITEM 5 -1 CLAIMS LIST CITY COUNCIL MEETING JUNE 25, 2007 TO: Judy Hudson Attached is the Claims List for the City Council. For more details, please refer to the Check Detail Registers. If you have any questions regarding this service, please let me know. Claims Register 06-12 -2007 $ 23,777.25 06 -14 -2007 $ 20,274.00 06-14 -2007 $ (19,507.00) * 06 -20 -2007 $ 147,598.03 * VOIDED CHECK #44227 TO COURI MACARTHUR PAYROLL 06-20 -2007 $ 40,310.50 GRAND TOTAL $ 212,452.78 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 06/20/07 10:00 AM Page 1 *Check Summary Register© JUNE 2007 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid AARON BAILIE $1,000.00 9387 KAGAN - LNDSCP ESC REFUND UnPaid AFFORDABLE SANITATION $1,474.50 APRIUMAY PORTA RENTALS UnPaid AIRGAS, INC. $25.69 ACETYLENE, OXYGEN, HAZMAT UnPaid AL PEARSON $300.00 100 BALES OF STRAW UnPaid ALLIANCE BENEFIT GROUP $549.48 HSA ADMIN FEE UnPaid ALPINE HOMES INC $5,000.00 6287 MARSHALL - DRVWY ESC REFUND UnPaid AMERICAN FLAG & FLAGPOLE, $1,111.00 FLAG & FLAGPOLE UnPaid BARB WILLIAMS $500.00 REPLACE FLEX CH #1084 UnPaid BAUNE CONSTRUCTION, INC. $2,500.00 12460 65TH - LNDSCP /DRWY ESC REFUND UnPaid BEVERLY KUMAR $21.92 EASTER EVENT SUPPLIES UnPaid BRADLEY BELAIR $60.00 JUNE CELL PHONE UnPaid BRAUN INTERTEC $682.00 WATER TOWER #3 UnPaid BRENT KOLLES $30.00 JUNE CELL PHONE UnPaid CAPITAL CONCRETE, INC. $3,890.75 DRVWY APRON TO EAST PARKING LOT UnPaid CITY OF OTSEGO $3,315.50 7551 LANCASTER - WEST WWTF UnPaid CIVIC SYSTEMS, LLC $676.00 7/07 - 12/07 SUPPORT UnPaid COURI MACARTHUR LAW OFFIC $9,948.00 ADMIN ENFORCEMENT UnPaid CROW RIVER FARM EQUIPMEN $444.23 REPAIR SUPPLIES UnPaid DAVID CASTLE $30.00 JUNE CELL PHONE UnPaid DAVID THOMPSON $42.68 MILEAGE TO ZONING TRAINING UnPaid DIANE ASCHEMAN $9.10 15496 -76TH ST (W /S REFUND) UnPaid DON MASS $30.00 JUNE CELL PHONE UnPaid ECM PUBLISHERS INC $163.36 LEGAL - PUBLIC HEARING UnPaid ELK RIVER PRINTING & PARTY $724.21 ENVELOPES UnPaid EMPLOYER PLAN SERVICES IN $1,124.28 BLDG - JULY UnPaid G & K TEXTILE LEASING SYSTE $783.99 UNIFORMS UnPaid GOPHER STATE ONE -CALL INC $905.10 LOCATE TICKETS UnPaid GREENBERG IMPLEMENT INC. $23.32 MOWER REPAIR PARTS UnPaid GROEN, GARY $279.00 CONTINUING ED COURSE UnPaid HAROLD LEONARD $30.00 JUNE CELL PHONE UnPaid HOMES PLUS $1,000.00 6430 MARSHALL - LNDSCP ESC REF UnPaid ICMA RETIREMENT TRUST $823.22 PPE 6/16/07 CH DTD 6/20/07 UnPaid JACQUIE ROGNLI $1,025.00 MAY /JUNE OTSEGO VIEW UnPaid JOE ABRAHAMSON $30.00 JUNE CELL PHONE UnPaid JUDY & ALBERT MAUE $400.00 LOT LINE SPLIT - ESCROW REFUND UnPaid KATHY ROBERTS $150.00 TEENCY THE CLOWN - EASTER UnPaid KNUTSON RICK $30.00 JUNE CELL PHONE UnPaid LARRY FOURNIER $118.83 MILEAGE TO MAYORS CONFERENCE UnPaid LLOYD OR LORI EICHER $2,500.00 9101 91ST - LNDSCP /DRWY ESC REFUND UnPaid LONG & SONS $149.10 INTERIOR & EXTERIOR WINDOW CLEANIN UnPaid MATTHEW OR KARYN REESE $1,000.00 12355 76TH - LNDSCP ESC REFUND UnPaid MENARDS $26.75 PARK REPAIRS UnPaid MN CITY /COUNTY MANAGEMEN $87.00 MEMBERSHIP DUES - MIKE UnPaid MN /DOT TRAFFIC ENGINEERING $2,264.52 OTSEGO 194 SIGNS UnPaid MONTICELLO ANIMAL CONTROL $70.00 ANIMAL CONTROL UnPaid NORTHERN TOOL & EQUIPMEN $74.63 CANVAS TARP UnPaid NORTHWEST ASSOC CONSULT $14,076.94 ROTTLUND - WILDFLOWER UnPaid OFFICEMAX $1,013.86 4 DRWR FILE CABINET UnPaid OMANN BROTHERS INC. $242.09 A.C. FINES MIX UnPaid PAT LAUNDERVILLE $30.00 JUNE CELL PHONE UnPaid PEOPLE SERVICE INC. $40,925.00 MONTHLY SERVICE - JULY UnPaid PITNEY BOWES $351.00 POSTAGE METER UnPaid PUBLIC EMPLOYEES RETIREME $4,116.44 PPE 6/16/07 CH DTD 6/20/07 UnPaid REED BUSINESS INFORMATION $245.30 2007 STREET MAINT PROJECT UnPaid REINDERS, INC. $1,357.88 PARK SUPPLIES UnPaid SCHARBER & SONS $19,782.90 JOHN DEERE 1545/72 CITY OF OTSEGO 06/20/07 10:00 AM Page 2 *Check Summary Register© JUNE 2007 Name Check Date Check Amt UnPaid SRF CONSULTING GROUP, INC. $1,638.28 PARKS CONSULTING UnPaid TRICIA KNUDSEN $166.64 CABOOSE CUP - ESCROW REFUND UnPaid TROPHIES PLUS $6.89 NAME PLATE - MARY SCHMAUS UnPaid VAN LITH HOMES LLC $2,500.00 14901 76TH - LNDSCP /DRVWY ESC REFUN UnPaid VEIT & CO $4,916.00 REMOVAL OF POLE BLDG UnPaid WASTE MANAGEMENT $6,879.86 CLEAN UP MONTH UnPaid WILD WOOD SLEIGH & CARRIA $400.00 SANTA DAY SLEIGH RIDES UnPaid WRIGHT COUNTY RECORDER $92.00 OSTROM CUP UnPaid XCEL ENERGY $3,433.79 RIVERPOINTE LIGHTS Total Checks $147,598.03 FILTER: None CITY OF OTSEGO 06/20/07 10:01 AM Page 1 *Check Detail Register© JUNE 2007 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid AARON BAILIE E 702 -41400 -310 Miscellaneous $1,000.00 9387 KAGAN - LNDSCP ESC REFUND Total AARON BAILIE $1,000.00 Unpaid AFFORDABLE SANITATION E 101 - 45250 -410 Rentals (GENERAL) $1,474.50 6722 APRIL/MAY PORTA RENTALS Total AFFORDABLE SANITATION $1,474.50 Unpaid AIRGAS, INC. E 101 -43100 -210 Operating Supplies (GENERAL) $25.69 105666130 ACETYLENE, OXYGEN, HAZMAT Total AIRGAS, INC. $25.69 Unpaid AL PEARSON E 101 -45200 -210 Operating Supplies (GENERAL) $300.00 100 BALES OF STRAW Total AL PEARSON $300.00 Unpaid ALLIANCE BENEFIT GROUP G 101 -21706 Hospitalization /Medical Ins $539.48 PPE 6/16/07 CH DTD 6/20/07 E 101 -41600 -390 Contracted Services $10.00 4404 HSA ADMIN FEE Total ALLIANCE BENEFIT GROUP $549.48 Unpaid ALPINE HOMES INC E 702 -41400 -310 Miscellaneous $1,500.00 6379 MARSHALL - DRVWY ESC REFU E 702 -41400 -310 Miscellaneous $1,500.00 6287 MARSHALL - DRVWY ESC REFU E 702 -41400 -310 Miscellaneous $1,000.00 12457 66TH - LNDSCP ESC REFUND E 702 -41400 -310 Miscellaneous $1,000.00 12455 66TH - LNDSCP ESC REFUND Total ALPINE HOMES INC $5,000.00 Unpaid AMERICAN FLAG & FLAGPOLE, LLC E 203 -45210 -501 Equipment $1,111.00 402707 FLAG & FLAGPOLE Total AMERICAN FLAG & FLAGPOLE, LLC $1,111.00 Unpaid BARB WILLIAMS G 101 -10100 CASH & INVESTMENTS $500.00 REPLACE FLEX CH #1084 Total BARB WILLIAMS $500.00 Unpaid BAUNE CONSTRUCTION, INC. E 702 -41400 -310 Miscellaneous $2,500.00 12460 65TH - LNDSCP /DRWY ESC R Total BAUNE CONSTRUCTION, INC. $2,500.00 Unpaid BEVERLY KUMAR E 101 - 45250-440 Recreation Programming $21.92 EASTER EVENT SUPPLIES Total BEVERLY KUMAR $21.92 Unpaid BRADLEY BELAIR E 101 -43100 -320 Telephone $60.00 JUNE CELL PHONE Total BRADLEY BELAIR $60.00 Unpaid BRAUN INTERTEC E 444 -49400 -302 Engineering Fees $682.00 276509 WATER TOWER #3 Total BRAUN INTERTEC $682.00 Unpaid BRENT KOLLES E 101 -43100 -320 Telephone $30.00 JUNE CELL PHONE Total BRENT KOLLES $30.00 Unpaid CAPITAL CONCRETE, INC. E 441 -43100 -520 Buildings and Structures $1,699.75 0007 LANDSCAPE PATIO CITY OF OTSEGO 06/20/07 10:01 AM Page 2 *Check Detail Register© JUNE 2007 Check Amt Invoice Comment E 441 -43100 -520 Buildings and Structures $2,191.00 0007 DRVWY APRON TO EAST PARKING LO Total CAPITAL CONCRETE, INC. $3,890.75 Unpaid CITY OF OTSEGO E 602 -49450 -322 Utilities $296.14 7551 LANCASTER - WEST WWTF E 101 -45200 -322 Utilities $503.85 15501 83RD - IRR E 203 -45210 -322 Utilities $1,734.89 10400 71ST - IRR E 203 -45210 -322 Utilities $533.72 6480 MASON - IRR E 602 -49450 -322 Utilities $6.39 7551 LANCASTER - WEST WWTF E 602 -49450 -322 Utilities $7.63 7551 LANCASTER - WEST WWTF E 602 -49450 -322 Utilities $53.64 7551 LANCASTER - WEST WWTF E 602 -49450 -322 Utilities $172.85 17330 53RD - EAST WWTF E 203 -45210 -322 Utilities $6.39 11313 77TH - IRR Total CITY OF OTSEGO $3,315.50 Unpaid CIVIC SYSTEMS, LLC E 601 -49400 -390 Contracted Services $338.00 CVC4431 7/07 - 12/07 SUPPORT E 602 -49450 -390 Contracted Services $338.00 CVC4431 7/07 - 12/07 SUPPORT Total CIVIC SYSTEMS, LLC $676.00 Unpaid COURI MACARTHUR LAW OFFICE E 101 -41700 -301 Legal Services $216.00 PERSONNEL G 701 -21856 WATERFRONT EAST 3RD $2,040.00 WATERFRONT EAST 3 E 601 -49400 -301 Legal Services $12.00 W/S ORDINANCE E 485 -43100 -301 Legal Services $714.00 E.R. COLLISION /QUEENS AVE DRAI E 414 -43100 -301 Legal Services $375.00 GRENINS MISSISSIPPI E 406 -43100 -301 Legal Services $120.00 DRAINAGE PROJECT 2003 E 250 -42410 -311 Ping & Eng. - 101Traffic Study $456.00 HIGHWAY 101 E 101 -41700 -301 Legal Services $2.00 PEAVEY HOUSE E 101 -41700 -301 Legal Services $240.00 DRURY PROPERTY E 101 -41700 -301 Legal Services $300.00 ZACHMAN E 101 -41700 -301 Legal Services $360.00 ROMANO VIOLATION E 101 -41700 -301 Legal Services $2,068.00 GENERAL G 701 -22415 NORIN'S LANDING $375.00 NORINS LANDING E 250 -42410 -301 Legal Services $540.00 ADMIN ENFORCEMENT G 701 -22499 ARROWHEAD SUPPLY $138.00 EDCO E 602 -49450 -301 Legal Services $12.00 W/S ORDINANCE G 701 -21855 FRIENDSHIP ADDITION $285.00 FRIENDSHIP ADDITION G 701 -22491 GATEWAY NORTH L1 BLK 1 2ND A $1,305.00 GATEWAY NORTH 2 G 701 -21863 E.R. AREA SCHOOLS #728 $120.00 SCHOOL DISTRICT G 701 -22377 OTSEGO PRESERVE $120.00 OTSEGO PRESERVE G 701 -22392 MISSISSIPPI COVE 1 & 2 $45.00 MISSISSIPPI COVE 2 G 701 -22356 KITTR CROSS PPRZ $45.00 KITTREDGE CROSSING E 602 -49450 -301 Legal Services $60.00 WWTP CLARIFIER Total COURI MACARTHUR LAW OFFICE $9,948.00 Unpaid CROW RIVER FARM EQUIPMENT E 101 -45200 -220 Repair /Maint Supply (GENERAL) $444.23 124604 REPAIR SUPPLIES Total CROW RIVER FARM EQUIPMENT $444.23 Unpaid DAVID CASTLE E 250 -42410 -320 Telephone $30.00 JUNE CELL PHONE Total DAVID CASTLE $30.00 Unpaid DAVID THOMPSON E 101 -41530 -321 Mileage/Travel $42.68 MILEAGE TO ZONING TRAINING Total DAVID THOMPSON $42.68 CITY OF OTSEGO 06/20/07 10:01 AM Page 3 *Check Detail Register© JUNE 2007 Check Amt Invoice Comment Unpaid DIANE ASCHEMAN R 601 -37150 WATER SALES $9.10 15496 -76TH ST (W /S REFUND) Total DIANE ASCHEMAN $9.10 Unpaid DON MASS E 101 -43100 -320 Telephone $30.00 JUNE CELL PHONE Total DON MASS $30.00 Unpaid ECM PUBLISHERS INC E 101 -41400 -350 Print/Binding (GENERAL) $81.68 245064 LEGAL - PUBLIC HEARING E 101 - 41400 -350 Print/Binding (GENERAL) $81.68 245065 LEGAL - PUBLIC HEARING Total ECM PUBLISHERS INC $163.36 Unpaid ELK RIVER PRINTING & PARTY PLU E 602 -49450 -350 Print/Binding (GENERAL) $281.70 25170 W/S STMTS & LETTERHEAD E 601 -49400 -350 Print/Binding (GENERAL) $281.69 25170 W/S STMTS & LETTERHEAD E 101 -41400 -350 Print/Binding (GENERAL) $160.82 25204 ENVELOPES Total ELK RIVER PRINTING & PARTY PLU $724.21 Unpaid EMPLOYER PLAN SERVICES INC E 601 -49400 -123 Health $140.60 W/S - MAY THRU JULY E 101 -41600 -123 Health $100.23 FIN - JULY E 101-41400-123 Health $354.05 ADMIN - JULY E 101 -43100 -123 Health $162.47 PW - JULY E 602 -49450 -123 Health $140.59 W/S - MAY THRU JULY E 250 -42410 -123 Health $226.34 BLDG - JULY Total EMPLOYER PLAN SERVICES INC $1,124.28 Unpaid G & K TEXTILE LEASING SYSTEM E 101 -41940 -390 Contracted Services $126.48 1043463098 MATS E 101 -43100 -225 Uniforms /Clothing Allowance $179.19 1043463099 UNIFORMS E 101 -43100 -225 Uniforms /Clothing Allowance $115.19 1043468075 UNIFORMS E 101 -41940 -390 Contracted Services $126.48 1043473125 MATS E 101 -43100 -225 Uniforms /Clothing Allowance $139.03 1043473126 UNIFORMS E 101 -43100 -225 Uniforms /Clothing Allowance $97.62 1043478186 UNIFORMS Total G & K TEXTILE LEASING SYSTEM $783.99 Unpaid GOPHER STATE ONE -CALL INC E 250 -42410 -310 Miscellaneous $905.10 7050699 LOCATE TICKETS Total GOPHER STATE ONE -CALL INC $905.10 Unpaid GREENBERG IMPLEMENT INC. E 101 -43100 -220 Repair /Maint Supply (GENERAL) $23.32 PS34908 MOWER REPAIR PARTS Total GREENBERG IMPLEMENT INC. $23.32 Unpaid GROEN, GARY E 101 -41600 -360 Education/Training /Conferences $279.00 CONTINUING ED COURSE Total GROEN, GARY $279.00 Unpaid HAROLD LEONARD E 250 -42410 -320 Telephone $30.00 JUNE CELL PHONE Total HAROLD LEONARD $30.00 Unpaid HOMES PLUS E 702 -41400 -310 Miscellaneous $1,000.00 6430 MARSHALL - LNDSCP ESC REF Total HOMES PLUS $1,000.00 Unpaid ICMA RETIREMENT TRUST CITY OF OTSEGO 06/20/07 10:01 AM Page 4 *Check Detail Register© JUNE 2007 Check Amt Invoice Comment G 101 -21705 Other Retirement $611.00 PPE 6/16/07 CH DTD 6/20/07 E 101 -41400 -121 PERA $212.22 PPE 6/16/07 CH DTD 6/20/07 Total ICMA RETIREMENT TRUST $823.22 Unpaid JACQUIE ROGNLI E 101 - 41400 -347 Newsletter $1,025.00 2007 -03 MAY /JUNE OTSEGO VIEW Total JACQUIE ROGNLI $1,025.00 Unpaid JOE ABRAHAMSON E 250 -42410 -320 Telephone $30.00 JUNE CELL PHONE Total JOE ABRAHAMSON $30.00 Unpaid JUDY & ALBERT MAUE G 701 -22497 MAUE LOT LINE ADJUSTMENT $400.00 LOT LINE SPLIT - ESCROW REFUND Total JUDY & ALBERT MAUE $400.00 Unpaid KATHY ROBERTS E 101 - 45250 -440 Recreation Programming $150.00 TEENCY THE CLOWN - EASTER Total KATHY ROBERTS $150.00 Unpaid KNUTSON RICK E 101 -43100 -320 Telephone $30.00 JUNE CELL PHONE Total KNUTSON RICK $30.00 Unpaid LARRY FOURNIER E 101 -41100 -321 Mileage/Travel $118.83 MILEAGE TO MAYORS CONFERENCE Total LARRY FOURNIER $118.83 Unpaid LLOYD OR LORI EICHER E 702 -41400 -310 Miscellaneous $2,500.00 9101 91ST - LNDSCP /DRWY ESC RE Total LLOYD OR LORI EICHER $2,500.00 Unpaid LONG & SONS E 101 - 41940 -389 Cleaning Services $149.10 07 -176 INTERIOR & EXTERIOR WINDOW CLE Total LONG & SONS $149.10 Unpaid MATTHEW OR KARYN REESE E 702 -41400 -310 Miscellaneous $1,000.00 12355 76TH - LNDSCP ESC REFUND Total MATTHEW OR KARYN REESE $1,000.00 Unpaid MENARDS E 101 -45200 -220 Repair /Maint Supply (GENERAL) $26.75 67436 PARK REPAIRS Total MENARDS $26.75 Unpaid MN CITY /COUNTY MANAGEMENT ASSO E 101 -41400 -355 Dues & Memberships _ $87.00 MEMBERSHIP DUES - MIKE Total MN CITY /COUNTY MANAGEMENT ASSO $87.00 Unpaid MN /DOT TRAFFIC ENGINEERING E 101 -43100 -393 Street Signs $2,264.52 OTSEGO 194 SIGNS Total MN /DOT TRAFFIC ENGINEERING $2,264.52 Unpaid MONTICELLO ANIMAL CONTROL E 101 -42710 -390 Contracted Services $70.00 681 ANIMAL CONTROL Total MONTICELLO ANIMAL CONTROL $70.00 Unpaid NORTHERN TOOL & EQUIPMENT CO E 101 -43100 -210 Operating Supplies (GENERAL) $53.31 193226348 CANVAS TARP E 601 -49400 -220 Repair /Maint Supply (GENERAL) $21.32 193226959 BULK METER REPAIR CITY OF OTSEGO 06/20/07 10:01 AM Page 5 *Check Detail Register© JUNE 2007 Check Amt Invoice Comment Total NORTHERN TOOL & EQUIPMENT CO $74.63 Unpaid NORTHWEST ASSOC CONSULTANTS E 101 -41570 -303 Planning Fees $84.00 16584 GUMONT CUP G 701 -22392 MISSISSIPPI COVE 1 & 2 $936.70 16584 DAVIS MISSISSIPPI COVE G 701 -22492 RIVERBEND SOUTH - DARKENWAL $52.50 16584 RIVERBEND SOUTH G 701 -21851 RIVERPOINTE 4TH $52.50 16584 RIVERPOINTE 4 G 701 -22499 ARROWHEAD SUPPLY $82.50 16584 EDCO G 701 -21863 E.R. AREA SCHOOLS #728 $791.09 16584 ISD 728 G 701 -21862 TRICIA KNUDSEN - CUP $433.36 16584 KNUTSON CUP G 701 -22422 ROTTLUND HOMES $262.50 16584 ROTTLUND - WILDFLOWER G 701 -21856 WATERFRONT EAST 3RD $189.00 16584 WFE 3RD ADDITION G 701 -21853 T- Mobile antenna CupNarlance $105.00 16584 T MOBILE G 701 -22451 BOULDER CREEK - EMMERICH EA $52.50 16584 BOULDER CREEK G 701 -22493 RIVERBEND NORTH - DARKENWAL $168.00 16584 RIVERBEND NORTH G 701 -21855 FRIENDSHIP ADDITION $13.00 16584 FRIENDSHIP ADDITION G 701 -22491 GATEWAY NORTH L1 BLK 1 2ND A $189.00 16584 GATEWAY NORTH BLDG #1 E 441 -43100 -303 Planning Fees $801.20 16585 PUBLIC WORKS LANDSCAPE PLAN E 203 -45210 -303 Planning Fees $279.00 16585 PARK PLANNING E 101 -41570 -303 Planning Fees $36.00 16585 SCHABER PROPERTY E 101 -41570 -303 Planning Fees $78.00 16585 RENTAL MAINT CODE E 101 -41570 -303 Planning Fees $108.00 16585 RESIDENTIAL FENCES E 101 -41570 -303 Planning Fees $146.00 16585 CONSTRUCTION DEBRIS ORDINANCE E 101 -41570 -303 Planning Fees $191.00 16585 ADULT USE REGULATIONS E 101 -41570 -303 Planning Fees $261.30 16585 CURFEW ORDINANCE E 101 -41570 -303 Planning Fees $696.70 16585 WETLAND ORDINANCE E 101 - 41570 -303 Planning Fees $1,782.70 16585 GENERAL E 101 -41570 -303 Planning Fees $36.00 16585 LIGHTING POLICY E 250 -42410 -303 Planning Fees $3,499.39 16586 CODE ENFORCEMENT E 101 -41570 -303 Planning Fees $2,750.00 16587 MAY MEETINGS Total NORTHWEST ASSOC CONSULTANTS $14,076.94 Unpaid OFFICEMAX .. E 101 -41400 -201 Office Supplies $702.89 741358 4 DRWR FILE CABINET E 101 -41400 -201 Office Supplies $310.97 833554 OFFICE SUPPLIES Total OFFICEMAX $1,013.86 Unpaid OMANN BROTHERS INC. E 101 - 43100 -434 Blacktop Supplies $242.09 20218 A.C. FINES MIX Total OMANN BROTHERS INC. $242.09 Unpaid PAT LAUNDERVILLE E 101 - 43100 -320 Telephone $30.00 JUNE CELL PHONE Total PAT LAUNDERVILLE $30.00 Unpaid PEOPLE SERVICE INC. E 601 -49400 -390 Contracted Services $12,727.67 11990 MONTHLY SERVICE - JULY E 602 -49450 -390 Contracted Services $28,197.33 11990 MONTHLY SERVICE - JULY Total PEOPLE SERVICE INC. $40,925.00 Unpaid PITNEY BOWES E 101 - 41400 -413 Office Equipment Rental $351.00 4705027 -JNO7 POSTAGE METER Total PITNEY BOWES $351.00 Unpaid PUBLIC EMPLOYEES RETIREMENT FD E 101 -41600 -121 PERA $370.70 PPE 6/16/07 CH DTD 6/20/07 E 101 -41400 -121 PERA $400.30 PPE 6/16/07 CH DTD 6/20/07 E 101 -43100 -121 PERA $632.64 PPE 6/16/07 CH DTD 6/20/07 CITY OF OTSEGO 06/20/07 10:01 AM Page 6 *Check Detail Register© JUNE 2007 Check Amt Invoice Comment E 601 -49400 -121 PERA $23.87 PPE 6/16/07 CH DTD 6/20/07 G 101 -21704 PERA $1,972.46 PPE 6/16/07 CH DTD 6/20/07 E 250 -42410 -121 PERA $692.61 PPE 6/16/07 CH DTD 6/20/07 E 602 - 49450 -121 PERA $23.86 PPE 6/16/07 CH DTD 6/20/07 Total PUBLIC EMPLOYEES RETIREMENT FD $4,116.44 Unpaid REED BUSINESS INFORMATION E 101 -43100 -530 Improvements Other Than Bldgs $122.65 3647716 2007 STREET MAINT PROJECT E 101 -43100 -530 Improvements Other Than Bldgs $122.65 3659663 2007 STREET MAINT PROJECT Total REED BUSINESS INFORMATION $245.30 Unpaid REINDERS, INC. E 101 -45200 -210 Operating Supplies (GENERAL) $1,357.88 235623 -00 PARK SUPPLIES Total REINDERS, INC. $1,357.88 Unpaid ..... _.,,, _ . SCHARBER & SONS E 206 -45200 -501 Equipment $19,194.48 10707 JOHN DEERE 1545/72 E 101 -43100 -240 Small Tools $559.13 10756 FERTILIZER SPREADER E 101 -45200 -210 Operating Supplies (GENERAL) $29.29 375672 AIR FILTER Total SCHARBER & SONS $19,782.90 Unpaid SRF CONSULTING GROUP, INC. E 203 -45210 -390 Contracted Services $1,638.28 5521 -17 PARKS CONSULTING Total SRF CONSULTING GROUP, INC. $1,638.28 Unpaid TRICIA KNUDSEN G 701 -21862 TRICIA KNUDSEN - CUP $166.64 CABOOSE CUP - ESCROW REFUND Total TRICIA KNUDSEN $166.64 Unpaid TROPHIES PLUS E 250 -42410 -310 Miscellaneous $6.89 NAME PLATE - MARY SCHMAUS Total TROPHIES PLUS $6.89 Unpaid VAN LITH HOMES LLC E 702 -41400 -310 Miscellaneous $2,500.00 14901 76TH - LNDSCP /DRVWY ESC Total VAN LITH HOMES LLC $2,500.00 Unpaid VEIT & CO E 101 - 41940430 Miscellaneous (GENERAL) $4,916.00 70187 -1 REMOVAL OF POLE BLDG Total VEIT & CO $4,916.00 Unpaid WASTE MANAGEMENT E 101 - 43620 -390 Contracted Services $6,879.86 23954 CLEAN UP MONTH Total WASTE MANAGEMENT $6,879.86 Unpaid WILD WOOD SLEIGH & CARRIAGE E 101 - 45250 -440 Recreation Programming $400.00 SANTA DAY SLEIGH RIDES Total WILD WOOD SLEIGH & CARRIAGE $400.00 Unpaid WRIGHT COUNTY RECORDER E 101 -41400 -340 Recording Fees $46.00 OSTROM CUP E 101 -41400 -340 Recording Fees $46.00 KNUDSEN CUP Total WRIGHT COUNTY RECORDER $92.00 Unpaid XCEL ENERGY E 601 -49400 -322 Utilities $42.14 17326 53RD STREET E 602 -49450 -322 Utilities $28.37 17388 52ND STREET E 602 -49450 -322 Utilities $74.01 16935 56TH COURT E 602 -49450 -322 Utilities $3,153.75 17330 53RD STREET CITY OF OTSEGO 06/20/07 10:01 AM Page 7 *Check Detail Register© JUNE 2007 Check Amt Invoice Comment E 101 -43160 -322 Utilities $135.52 RIVERPOINTE LIGHTS Total XCEL ENERGY $3,433.79 10100 BANK OF ELK RIVER $147,598.03 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $39,791.05 203 PARK DEVELOPMENT $5,303.28 206 CAPITAL EQUIPMENT REVOLVING $19,194.48 250 BUILDING PERMIT FEES $6,416.33 406 Lefebvre Watershed $120.00 414 Revolving Capital Improvements $375.00 441 Otsego City Campus $4,691.95 444 SE Utilities Project $682.00 485 Street Imp*. Fund - 2006 $714.00 601 WATER FUND $13,596.39 602 SEWER FUND $32,846.26 701 DEVELOPMENT ESCROWS FUND $8,367.29 702 BUILDERS ESCROW FUND $15,500.00 $147,598.03 CITY OF OTSEGO 06/14/07 7:54 AM Page 1 *Check Summary Register© JUNE 2007 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid COURI MACARTHUR LAW OFFIC $19,507.00 REPLACES CHECK #44227 UnPaid UNITED STATES POSTAL SERVI $767.00 POSTAGE FOR OTSEGO VIEW Total Checks $20,274.00 FILTER: None CITY OF OTSEGO 06/14/07 7:54 AM Page 1 *Check Detail Register© JUNE 2007 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid COURI MACARTHUR LAW OFFICE E 101 -41700 -301 Legal Services $19,507.00 REPLACES CHECK #44227 Total COURI MACARTHUR LAW OFFICE $19,507.00 Unpaid UNITED STATES POSTAL SERVICE E 101 - 41400 -347 Newsletter $767.00 POSTAGE FOR OTSEGO VIEW Total UNITED STATES POSTAL SERVICE $767.00 10100 BANK OF ELK RIVER $20,274.00 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $20,274.00 $20,274.00 CITY OF OTSEGO 06/12/07 1:57 PM Page 1 *Check Summary Register© JUNE 2007 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid DRESEL CONTRACTING INC $23,777.25 CSAH 42 RECONSTRUCTION Total Checks $23,777.25 FILTER: None CITY OF OTSEGO 06/12/07 1:57 PM Page 1 *Check Detail Register© JUNE 2007 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid DRESEL CONTRACTING INC E 485 -43100 -530 Improvements Other Than Bldgs $23,777.25 PAY #7 CSAH 42 RECONSTRUCTION Total DRESEL CONTRACTING INC $23,777.25 10100 BANK OF ELK RIVER $23,777.25 Fund Summary 10100 BANK OF ELK RIVER 485 Street Impr. Fund - 2006 $23,777.25 $23,777.25 ITEM 5_2 e i° 6 7 ' C 6 INC Water & "Wastewater Trofessionaa June 7, 2007 Mayor Larry Fournier City of Otsego 8899 Nashua Ave. NE Otsego, Minnesota 55330 -7314 Dear Mayor Fournier, Pursuant Paragraphs 1.4, 4.2 and 4.3 of the Operations and Maintenance Agreement dated November 16, 2005 between the City of Otsego, Minnesota and PeopleService, Inc., the maximum annual maintenance/repair (non - capital) expenditure amount in Paragraph 1.4, the monthly compensation in Paragraph 4.1 and the base amount for chemicals in Paragraph 4.3 that the City of Otsego, Minnesota pays for our services are to be adjusted each July 1'. This adjustment is to be based on the change in the Consumer Price Index for All Urban Consumers (CPI -U) between April of 2006 and April of 2007. The change to the CPI -U was 2.6%. Thus, effective July 1, 2007, the City of Otsego's maximum annual maintenance/repair ( non - capital) expenditure amount will be increased from $17,500 to S17,955, the monthly compensation will be increased from $40,925 to $41,989 and the base amount for chemicals will be increased from $58,226 to $59,740. PeopleService would appreciate your signing this letter in the space provided below, and returning a copy to the address shown at the bottom of this letter. By doing so, you acknowledge receipt of this letter and the adjustment and increase in accordance with the Operations and Maintenance Agreement. If you have any questions, please don't hesitate to contact either Paul Christensen, our Region Manager for your area, or myself. Yo truly, Alan F. Meyer G' President Acknowledged: CITY OF OTSEGO, MINNESOTA By: Mayor Dated: 209 S. 19th Street • Suite 555 • Omaha, Nebraska • 68102 402 -344 1800 • FAX 402 -311 1799 5/30/2007 4:31 PM ITEM 5_3 BMSI Quote #: 70119 Surnx �" CBU's City of Otsego 9476 Mendock Lane Nord Miens Grove, MN 55369 Minnesota Phone: 888 -383 -8383 Fax: 888 SALES TAX 1S INCLUDED AT THE RATE OF: 6.50% ******Due to the volatile cost of St.St. these prices can only be guaranteed for 30 days'""'*' Section: 10550 - Postal Speciaitiss (Materials Only) ITEM! DESCRIPTION Qty. ( UNIT PRICE SUB TOTAL Lot pie on Manama 12 c8u box Qty GangslCBP1— 1 1 Freight Included Section Total $ 1,546.87 *"*'**Due to the volatile cost of SLSt these prices can only be guaranteed for 30 days"'""* BNISI THIS ESTIMATE IS VAUD FOR 30 DAYS slrtnu. BUSINESS CERTIFIED Orders must be released into production within 60 days of this estimate www.bmsizone.com for immediate shipment or may be subject to price increases THIS ESTIMATE IS SUBJECT TO THE ACCOMPANYING TERMS AND CONDITIONS PHONE: 888- 383 -8383 EMAIL,: info(bmsizone.com oevi CO "ili IA/ 0 1 fr iljjirfI X PA /Lir 5/30/2007 4:31 PM . tiff f r B]Ir�[SI e. no w M.aun+r. SI I.I bit.'.... tea.. SMALL BUSINESS CERTIFIED www.bmsizone.com BMSI TERMS AND CONDITIONS ` ' <t "() t) This Bid is subject to the following Terms and Conditions. Approval of the Bid constitutes acceptance of these Terms and Conditions. Payment For standard materials, Buyer shall pay any undisputed sum within thirty (30) days following receipt of the materials. For special order and made to order materials such as lockers, non stock toilet partitions and items determined by BMSI to be special orders, Buyer shall pay fifty percent (50 %) of the Purchase Price at the time Buyer submits the shop drawings and the remaining undisputed balance within thirty (30) days following receipt of the materials. For installation, Purchaser shall pay any undisputed sum within thirty (30) days following installation. The Purchase Price is inclusive of any sales, use or privilege tax, customs duty or import, excise tax based on gross revenue or any similar tax or charge from the production, sale or shipment of any Goods. Delivery. Unless otherwise noted, goods shall be shipped F.O.B. to Buyer's designated site with title and risk of loss or damage to pass to Buyer upon delivery. The installation will be done in a workmanlike manner and in compliance with applicable laws and regulations. BMSI will confirm a date to begin installation with Buyer and Buyer agrees to pay costs for rescheduling, including trip charges and costs because the installation site is not ready or accessible. Nonconforming Good. Buyer may inspect the goods and, with respect to nonconforming goods, return them at Buyer's expense or hold them at the Buyer's risk and expense. Within a commercially reasonable time, BMSI agrees to replace or correct defects of any rejected goods or other nonconforming goods. In the event of failure of BMSI to replace or correct such defects, Buyer, after reasonable notice to BMSI, may make such corrections or replace such goods and charge BMSI for the costs (not including profit or overhead) incurred by Buyer. Proprietary Rights. Absent BMSI's written permission, all information furnished by BMSI shall be confidential and not disclosed to any other person, or used by Buyer for any purpose other than performing this order. In the event BMSI devises and incorporates any new features or design into any goods made under this order, all proprietary title and rights remain with and are reserved by BMSI. Warranty. BMSI will provide any manufacturer warranties for the materials. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING WARRANTIES OF PERFORMANCE, MERACHANTABILTTY, OR FITNESS FOR A PARTICULAR PURPOSE. BMSI SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM BMSI'S PERFORMANCE OR BREACH OF ANY TERMS OF THIS AGREEMENT. Integration. This Agreement constitutes the entire agreement and understanding between the Parties concerning the subject matter hereof and supersedes all prior agreements, negotiations and understandings of the Parties with respect thereto. Although Buyer may use its standard form to give any order or notice, said order or notice will be governed by the terms and conditions of this Agreement, and any teen or condition set forth in any such form which is inconsistent with or in addition to the terns and conditions of this Agreement shall have no force or effect. Disputes. The parties agree to resolve by "fast track" arbitration in Hennepin County, Minnesota, any dispute whose total value (including claims and counterclaims) is less than twenty five thousand dollars ($25,000). The prevailing party shall be entitled to its costs and arbitration fees. Any other dispute arising from this Agreement shall be brought in Hennepin County, Minnesota, USA, and the Parties agree to jurisdiction and venue in that court. Miscellaneous. This Agreement is governed by the laws of the State of Minnesota, specifically including the provisions of the Uniform Commercial Code, without regard to conflicts of law principles. If any court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, the other provisions or parts thereof will remain in full force and effect. The waiver or failure of either party to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement. Consent Agenda 06/25/07 City of Otsego Project Project Name Pay Estimate No. Contractor Amount Ryan Queens Avenue #5 06-01 Contracting $500,211.89 Construction Co. Water Tower #3 #4 06-02 Pittsburg Tank $401,489.00 Otsego Creek Restoration #3 04 -05 Doboszenski & $157,271.89 Sons SCADA Radios #1 - FINAL 06-08 Automatic $42,790.00 Systems Total $1,101,762.78 ITEM 5_4 Pay Estimate No. 4 City Of Otsego Improvement Project 06-01 Queens Avenue NE Construction June 25, 2007 Honorable Mayor & City Council . Cyr of Otsego - 8899 Nashua Avenue NE Otsego, MN 55330 RE: QUEENS NE CONSTRUCTION, IMPROVEMENT PROJECT NO. N-01 • Contractor: Ryan Contracting Comer Contract Amount 33,149,667.98 Award Date: Judy 24, 2006 Final Cation Date July 1,2007 Dear CourxA Members: • The following work has been ornpleted on project Bid Schedule W • Streets Item Estimated Contract Contract Used t No. Description Qum*/ Unit Price Amount Date Extension 1 Mobilization 1 LS $40.000.00 340,00000 0.9 *36,000.00 2 Auld Office, Type D 1 EA *10.000.00 $10,000.00 0 $0.00 3 Clearing and Cktthbkig 1 LS *7.500.00 $7.500.00 1 $7.500.00 4 Remove Forownabr Pipe 540 LF 54.00 *2.160.00 613 52.452.00 5 Remove Culvert 120 LF $4.00 *480.00 140 3560.00 8 Remove Bituminous nous Pavement 3,300 SY 33.00 *9,900.00 3000 39,000.00 7 Remove Air Release Manhole 1 EA $650.00 $650.00 1 3650.00 8 ' Salvage Air Release/ Vacuum Valve 1 EA - $850.00 3650.00 1 $650.00 . 9 Salvage Sign 8 EA *25.00 $200.00 0 *0.00 10 Common Ear 15,050 CY *2.25 333,882.50 59000 *132,750.00 11 Common Borrow.(CV) 10.000 CY 33.25 *32,600.00 0 30.00 12 Ajregate Base, Class 5 (10096 Crushed) 33.800 ,TON *12.50 3422.500.00 33020 *412.760.00 13 Aggregate Base, Class 3 or 44200 TON 35.60 3243.100.00 41500 *228,250.00 14 Sawing Numinous Pavement (Full Depth) 100 LF 33.00 $300.00 114 3342.00 15 Mil Bituminous Surface (r) 50 _ S $29.78 31.487.50 0 *000 16 Bidurdnous Driveway Pavement (2.5" Thick) 250 SY *23.00 $5.750.00 336 $7.728.00 17 Type MV4 Wearing Course Mbdure (C) 4,650 TON $60.90 3283.185.00 0 30.00 18 Type LV4 Wesrkig Course Mbdure SB2 _ ur 940 TON 356.50 353.110.00 0 30.00 19 Type LV3 Non Wearing Course Mbdure (B) 9,250 TON $4365 $403.762.50 8741.01 $381.545.09 20 Numinous Material for Tack Coat 1,860 GAL $286 35.272.50 1675 34,773.75 21 2" Polystyrene Insulation 50 SY $20.00 *1.000.00 35 *700.00 22 Concrete Curb and Gutter Design 8618 12 LF 39.15 3117,120.00 12836 3115,819.40 23 6" Concrete Valley Gutter 139 SY 345.00 $6,255.00 143 36,435.00 24 6" Concrete Driveway Apron 75 SY 345.00 $3,375.00 0 $0.00 25 Traffic Control 1 LS $4.400.00 $4,400.00 - 1 $4,400.00 26 Cie Fabric Type 5 45,000 SY 31.00 $45.000.00 42570 $42,570.00 27 SNt Fence Type tie Sliced 9.500 tF *1.10 *10.450.00 9040 $9,944.00 28 Inlet Protection 31 EA $370.00 311,470.00 0 30.00 29 Seed Mbchr a Type 260 670 LBS 3300 _ 32.010.00 870 $2.010.00 30 Seed Mtxhue Type 250 375 LBS $3.00 *1.125.00 375 $1,125.00 31 Mullah Material, Type 1 26 TON *80.00 31.560.00 26 31.560.00 32 Erasion Control [Nankai. Catejo y 3 '10,900 ' SY $1.00 310.000.00 4800 $4,800.00 33 Hyc Soil Stuff Type 5 or 6 2,625 LBS $1.00 32.625.00 0 10.00 34 Sign Panel Type C 209 SF 321.00 34.389.00 0 $0.00 35 lnstaN Sign Type C 36 EA 350.00 31.800.00 0 30.00 Pay Estimate No. 4 City of Otsego Improvement Project 06 -01 Queens Avenue NE Construction Bid Schedule "A" - Streets (continued) _ item Estimated Contract Contract Used to No. Description Quantity Unit Price Amount Date Extension 36 Type III Barricades 9 EA $240.00 $2,160.00 0 $0.00 37 4' Broken Line Yellow - Paint 6,320 LF $0.10 $632.00 0 $0.00 38 4' Broken Line Yellow - Epoxy 320 LF $0.10 632.00 0 $0.00 39 4" Double Solid Line Yellow - Epoxy 1,650 LF $0.45 $742.50 0 $0.00 40 4" Broken Line White - Epoxy 140 LF $0.10 $14.00 0 60.00 41 4" Solid Line White - Epoxy 12.220 LF $0.20 62.444.00 0 $0.00 42 4" Double Line, Broken and Solid Yellow - Epoxy 7,655 LF $0.25 $1,913.75 0 $0.00 43 24" Solid Line White - Epoxy 66 LF $6.50 $429.00 0 60.00 44 24" Solid Line Yellow - Epoxy 60 LF 65.50 $330.00 0 60.00 45 Pavement Message - Epoxy 6 EA $90.00 $540.00 0 $0.00 45 Pavement Arrow - Epoxy 40 EA $65.00 $2.800.00 0 $0.00 47 36" Crosswalk Biodc White- Epoxy 40 EA - $65.00 $2,800.00 0 $0.00 Total Bid Schedule "A" $1.794,286.25 $1,414,114.24 Bid Schedule "B" - Forcemain Item Estimated Contract Contract Used to No. Description Quantity Unit Price Amount Date Extension 48 Conned to Existing Forcemain 4 EA $450.00 $1,800.00 4 $1,800.00 49 8" Ductile iron Pipe Forcemain CL 52 20 LF $36.00 $720.00 20 $720.00 50 8" PVC C-900 Pipe Forcemain 540 LF $13.50 $7,290.00 602 $8,127.00 51 12" Ductile Iron Pipe Forcemain CL 52 20 IF $47.00 $940.00 79 $3,713.00 52 12" PVC C -900 Pipe Forcemain 1330 LF $22.60 $29,925.00 1252 $28,170.00 53 16" Ductile Iron Pipe Forcemain CL 52 20 LF $60.00 61,200.00 95 $5.700.00 54 16" PVC C -905 Pipe Forcemain 1330 IF 634.00 $45,220.00 1235 $41,990.00 55 72" Diameter Air Release! Vacuum Valve Manhole As 3 EA $8.575.00 $25.725.00 3 $25,725.00 Total Bid Schedule "B" $112,820.00 $115,945.00 . Bid Schedule "C" - Sanitary Sewer item Estimated Contract Contract Used to No. Description Quantity Unit Price Amount Date Extension 56 Connect to Existing Sanitary Sewer 4 EA 65.000.00 $20,000.00 3 $15,000.00 57 8" Ductile Iron Pipe Sanitary Sewer CL 5218' -10' Dept, 40 , LF 648.00 $1,840.00 40 $1,840.00 58 8" Ductile Iron Pipe Sanitary Sewer C1.52 (14 Der 20 LF $48.00 $920.00 20 $920.00 59 8" PVC Pipe Sanitary Sewer SDR 35 (0'-8' Depth) 917 LF $22.00 $20,174.00 917 $20,174.00 60 8" PVC Pipe Sanitary Sewer SDR 35 (8=10' Depth) 907 LF $22.00 619,954.00 907 $19,954.00 61 8" PVC Pipe Sanitary Sewer SDR 35 (10-12' Depth) 1,818 LF $22.00 639,996.00 1818 $39,996.00 62 8" PVC Pipe Sanitary Sewer SDR 35 (12' -14' Depth) 1.640 LF 622.00 $36,080.00 1640 $36,080.00 63 8" PVC Pipe Sanitary Sewer SDR 35 (14=16' Depth) , 557 , LF $22.00 $12,254.00 557 612,254.00 64 8" PVC Pipe Sanitary Sewer SDR 35 (16' -18' Depth) 603 LF $22.00 $13,266.00 ` 603 $13,266.00 65 8" PVC Pipe Sanitary Sewer SDR 35 (18 -20' Depth) 637 LF $22.00 $14,014.00 510 $11,220.00 66 8" PVC Pipe Sanitary Sewer SDR 26 (10=12' Depth) 50 IF $52.00 $2.600.00 148 67,696.00 67 8" PVC Pipe Sanitary Sewer SDR 26 (1214' Depth) 93 LF $52.00 $4,838.00 93 . $4,836.00 68 8" PVC Pipe Sanitary Sewer SDR 26 (14'-16' Depth) 25 LF $52.00 $1,300.00 25 $1,300.0 69 8" PVC Pipe Sanitary Sewer SDR 26 (16'-18' Depth) 152 LF $52.00 $7.904.00 152 $7,904.00 70 8' PVC Pipe Santry Sewer SDR 26 (18=20' Depth) 64 LF $52.00 $3,328.00 64 $3,328.00 71 8" PVC Pipe Sanitary Sewer SDR 26 (20' -22' Depth) 67 LF $52.00 $3.484.00 67 $3,484.00 72 8" PVC Pipe Sanitary Sewer SDR 26 (22=24' Depth) 65 LF 652.00 $3.380.00 65 $3,380.00 73 8' PVC Pipe Sanitary Sewer SDR 26(24' -26' Depth) 58 LF $52.00 53,016.00 58 $3,016.00 74 8' PVC Pipe Sanitary Sewer SDR 26 (26' -28' Depth) 204 LF $52.00 $10.608.00 204 $10,808.00 75 Standard 48" Diameter Sanitary Sewer Manhole (0' -8' 32 EA $2,435.00 $77.920.00 32 $77,920.00 Pay Estimate No. 4 City of Otsego Improvement Project 06 -01 Queens Avenue NE Construction Bid Schedule "C" - Sanitary Sewer (Continued) Item Estimated Contract Contract Used to No. Description Quantity Unit Price Amount Date Extension 76 ' Extra Depth Manhole 182 _ VF ' $115.00 $20,930.00 150.8 _ $17,342.00 77 Construct Outside Drop Connection (0 -2') 3 EA $1,355.00 $4,065.00 3 $4,065.00 78 Extra Depth Drop Connection (over 2') 26 VF $175.00 $4,550.00 26 $4,550.00 79 Adjust Frame and Ring Casting - Sanitary Sewer 22 EA _ $0.01 $0.22 0 $0.00 Total Bid Schedule "C" $326,419.22 $320,133.00 Bid Schedule "D" - Watermain item Estimated Contract Contract Used to No. Description Quantity Unit Price Amount Date Extension 80 Connect to Existing Watermain 4 EA 81,350.00 $5,400.00 3 $4,050.00 81 6" Watermain Ductile Iron CL 52 489 r LF $21.00 $10,269.00 489 $10,269.00 , 82 8" Watermain Ductile Iron CL 52 270 LF 825.00 $6,750.00 637 $15,925.00 83 12" Watermain Ductile Iron CL 52 7,333 LF $36.00 $263,988.00 6902 $248,472.00 84 16" Watermain Ductile Iron CL 52 4,698 LF $50.00 8234,900.00 4645 $232,250.00 85 Hydrant 21 EA $2,185.00 $45,885.00 22 $48,070.00 86 6" Gate Valve w/Box 21 EA $735.00 815,435.00 22 $16,170.00 87 8" Gate Valve w/Box 6 EA $1,215.00 $7,290.00 6 $7,290.00 88 12" Butterfly Valve w/Box 16 EA ' $1,385.00 ' $22,160.00 16 $22,160.00 89 16" Butterfly Valve w /Box ' 9 EA .$2,170.00 $19,530.00 9 $19,530.00 90 Watermain Fittings 30,150 LBS $2.00 $60,300.00 25417 $50,834.00 91 Adjust Valve Box 26 EA _ $0.01 $0.26 0 $0.00 Total Bid Schedule "D" $691,907.26 $676,020.00 Bid Schedule "E" - Storm Sewer ' Item Estimated ' Contract Contract Used to No. Description Quantity Unit Price Amount Date Extension 92 Drain Tile 150 LF . $10.00 $1,500.00 230 $2.300.00 93 Permeable Aggregate Base (P.A.B.) Drain 10 EA ' $545.00 $5,450.00 10 $5,450.00 94 Outlet Skimmer Structure 3 EA . $2,230.00 $6,690.00 4 $8,920.00 . 95 Construct Drainage Structure, Design 4020 - 48" 16 EA $1,700.00 $27,200.00 16 $27,200.00 96 Construct Drainage Structure, Design 4020 - 54" 1 EA $2,335.00 $2,335.00 1 $2,335.00 97 Construct Drainage Structure, Design 4020 - 60" 3 EA $2,390.00 $7,170.00 3 $7,170.00 98 Construct Drainage Structure, Design 4020 - 78" 1 ` EA $3,715.00 $3,715.00 1 $3,716.00 99 Construct Drainage Structure, Design 4020 -2'x3' 10 EA 81,445.00 $14,450.00 10 $14,450.00 100 12" RC Pipe Apron 2 EA $435.00 $870.00 2 $870.00 101 15" RC Pipe Apron 5 EA $455.00 $2,275.00 4 $1,820.00 102 18" RC Pipe Apron 4 EA $480.00 $1,920.00 5 $2,400.00 103 24" RC Pipe Apron w/Trash Guard 5 EA $1,235.00 $6,176.00 5 $6,175.00 104 33" RC Pipe Apron w/Trash Guard 1 EA $1,775.00 $1,775.00 1 $1,775.00 105_12" RC Pipe Sewer, Design 3006 CL V 30 LF $20.00 $600.00 30 $600.00 106 - 15" RC Pipe Sewer, Design 3006 CL V 2,620 IF $21.00 $55,020.00 2400 $50,400.00 107 18" RC Pipe Sewer, Design 3006 CL 11I ' 1,024 LF $23.00 $23,552.00 1024 $23,552.00 108 21" RC Pipe Sewer. Design 3006 CL Ili 730 LF $2625 $19,162.50 ^ 730 $19,162.50 109 24" RC Pipe Sewer, Design 3006 CL Ill 942 LF $32.00 $30,144.00 - 942 $30,144.00 110 33" RC Pipe Sewer, Design 3000 CL 111 70 ' LF $60.00 $4,200.00 116 $6,960.00 111 Random Riprap. Class 10 48 CY $83.00, $3,984.00 48 $3,984.00 Total Bid Schedule "E" $218,187.50 $219,382.50 Pay Estimate No. 4 City of Otsego Improvement Project 06-01 Queens Avenue NE Construction Bid Schedule "F" - Televising Item Estimated Contract Contract Used to No. Description Quantity Unit Price Amount Date Extension 112 Televise Sanitary Sewer 7,917 1 LF $0.75 $5,937.75_ 0 $0.00 Total Bid Schedule "F' $5,937.75 $0.00 Change Order #1 Bid Schedule "G" - Queens Ave. South Drainage improvements Item Estimated Contract Contract Used to No. Description Quantity Unit Price . Date Extension 1 Mobilization 1 LS $2,500.0 $2,500.00 1 $2,500.00 2 Remove Trees 7 EA $250.00 $1,750.00 7 $1,750.00 3 SALVAGE RCP STORM SEWER 96 LF 58.00 5768.00 96 5768.00 4 SALVAGE RCP APRON 3 EA $350.00 51,050.00 3 51,050.00 5 REMOVE CMP CULVERTS 240 IF $9.00 ' $2,160.00 240 $2,160.00 6 REMOVE CATCH BASIN/MANHOLE STRUCTURE 1 EA 5350.00 $350.00 1 $350.00 7 REMOVE CURB AND GUTTER 40 _ LF 58.00 $320.00 40 5320.00 , 8 REMOVE CONCRETE TRUCK PAD 240 SF 51.50 $360.00 240 $360.00 , 8A REMOVE UNSUITABLE MATERIAL: CONCRETE RU 1,800 _ CY $12.00 $21.600.00 550 $6,600.00 9 SAWING BITUMINOUS PAVEMENT FULL DEPTH 750 LF $3.00 52.250.00 803 $2,409.00 10 REMOVE BITUMINOUS PVMT. (FULL DEPTH REMO 1,750 SY $3.50 $6,125.00 1750 $6,125.00 11 SALVAGE SEWER CASTING 1 EA $150.00 $150.00 1 $150.00 12 COMMON BORROW 1,800 CY $6.00 $10,800.00 600 1 $3,600.00 13 CLASS 5 AGGREGATE BASE 400 TON $18.00 $7,200.00 400 $7,200.00 14 Type LV-4 WEARING COURSE 50 TON $125.00 $6,250.00 34.2 $4,275.00 15 Type LV-3 NON - WEARING COURSE 65 TON $125.00 $8,125.00 0 $0.00 16 BITUMINOUS MATERIAL FOR TACK COAT 20 GAL $8.00 $160.00 0 $0.00 17 BITUMINOUS DRIVEWAY PVMT. (2.5" THICK) 1V4 , 1,400 SY $14.00 0 $0.00 17A CONCRETE CURB AND GUTTER DESIGN B612 40 LF $14.00 $560.00 35 $490.00 18 '8" CONCRETE TRUCK PAD 240 SF $7.50 $1,800.00 240 $1,800.00 19 TRAFFIC CONTROL 1 LS $2.000.00 $2,000.00 1 $2,000.00 20 TYPE 1I1 BARRICADES - TEMPORARY 6 EA $375.00 $2,250.00 0 - $0.00 20A CONTROL BLANKET 200 SY $2.00 5400.00 200 $400.00 21 INLET PROTECTION 4 EA $400.00 11,600.00 0 $0.00 22 SEED MIXTURE TYPE 260, FERTILIZE & MULCH 0.30 ACRE $1,500.00 $450.00 0.3 $450.00 23 SEED MIXTURE TYPE 310, FERTILIZE & MULCH 0.45 ' ACRE $1,500.00 $675.00 0.45 $675.00 24 24" RC APRON/FES WITH TRASH GUARD 4 EA 51,441.00 $5,764.00 4 $5,764.00 25 24" RC PIPE SEWER DESIGN 3006 CL III 522 LF $38.00 $19,836.00 522 $19,836.00 26 + INSTALL SALVAGED 30" RCP 96 _ LF $27.00 $2,592.00 96 $2.592.00 26A FURNISH & INSTALL 30" RCP 20 LF . 555.00 $1,100.00 20 51,100.00 27 CONSTRUCT DRAINAGE 60" STRUCTURE DESIGN 1 EA 52,390.00. $2,390.00 1 $2,390.00 28 CONSTRUCT DRAINAGE HEADWALL STRUCTURE 1 EA ' $1,500.00 $1,500.00 1 $1,500.00 29 RIPRAP CLASS III . 10 CY $90.00 $900.00 10 $900.00 Total Change Order #1 - Bid Schedule "G" $135,335.00 $79,514.00 Field Modification No. 1 - Extra Work on "Future Road/Jacobs Property" Item Estimated Contract Contract Used to No. Description Quantity Unit Price ' Amount Date Extension 1 Extra Clearing and Grubbing 11LS , $6,600.00 $6,600.00 1 $6,600.00 2 8" x 4" PVC Wye 1 EA 5350.00 $350.00 1 $350.00 $6,950.00 $6,950.00 Pay Estimate No. 4 City of Otsego Improvement Project 06-01 Queens Avenue NE Construction I Contract I Extension I SUMMARY OF BIDDING Amount Bid Schedule "A" - Streets $1,794,286.25 $1,414,114.24 Bid Schedule "8" - Forcemain $112,820.00 $115,945.00 Bid Schedule "C" - Sanitary Sewer $326,41922 $320.133.00 Bid Schedule'" - Watermain $691,90726 $675,020.00 Bid Schedule "E" - Storm Sewer $218,187.50 $219,382.50 Bid Schedule "F" - Televising $5,937.75 $0.00 . Change Order #1 - Bid Schedule "G" - Queens Ave. South Drainage Improvements $135,335.00 $79,514.00 Field Modification No. 1 $6,950.00 $6,950.00 TOTAL ALL BID SCHEDULES $3,291,842.98 $2.831.05824 TOTAL WORK COMPLETED TO -DATE $2,831,058.74 LESS 5% RETAINAGE $141,552.94 LESS PREVIOUS PAY ESTIMATES $2489,293.91 WE RECOMMEND PAYMENT OF: $500,211.89 APPROVALS: CONTRACTOR: Ryan in mp�any Certiftcat on or: certtfy thaat all ms and amounts are correct for the worts completed to date. • i f Signed: / mss ' f 15:h.---..- Z 0 - Title: Date: � 7 ENGINEER: Certification by Engineer: We recommend payment for work and quantities as shown. HAKANSON AND - SON AS a CI '' , INC. Title: A ..2-�. Dat e: ‘/2/ D 7 OWNER: CITY OF OTSEGO Signed: Title: Date: • PAY ESTIMATE 154 CITY OF OTSEGO ELEVATED WATER STORAGE TANK AND TOWER S3 balm June 19 2007 Honorable 9a uncil Mayor & City Co 8899 Nashua Avenue NE Ottsego, MN ; RE: Beveled Water Storage Tank and Tower #3 Con*acta: Moberg Tank and Tower Company Contract Amount: 061.000.00 "%lard Dade: October 25, 2006 CompkGon Wm December 14.2007 Dear Honorable Mayor and Co mdl Members: The following work lies been completed on the above-referenced project by Pittsburg Tank and Tower Company. edsdadule ir• Alternate Bid REM ESSNAIED CONTRACT USEO -TO NO. tiEM DESCRIPTION QUANTITY UNIT MICE oONTRACT ASTSUIff DATE • ENTINISION design prep by - 1.J , _,. licensed is the State of einnes0l. based 1 • data in Otredon 13 1 L8 $10.000. $ 10.000.00 1 $ 10I00.00 • slat tank & tower desk including •by Professional EgineericensedtoteeSidb 2 Weed on tueyhMrand sweNodons. 1 1.8 010000.' ' $ 10.000.00 1 $ 10.000.00 - Ink a awes tarasion including 5 • • - andseberelle ter sop ed desist 1 L$ ' " ' s 290.000.00 1 $ 200.000.00 and testa piping. including waierradn, riser • - , valves. Hangs, hydrant. and Madeline per 4 specilicaSons. 1 I.S SX.000.. $ 25800.00 1 $ 25000.00 and end Ss 1.000,000 9sean Ruled water tower and teak including - .. 1 _.0 ' - s 1 , 4 8 Y y $ T 1 8 s 5.000.00 10 E 1 $ 1'_ .._ " • . • • di borne maladal. Web base metedd • beer. plceaeent of bibeaktoi s • nab and gutter. and aonsbucion of .. - 11 pad. anon sad ,Wallah $ 15.00000 $ - Cant of Naas eudt as be le dock silt fence is " ■,,, 14 . - T PINE 1111 $ 09 00 1b eealooiar. '-- ,o seeding. terliking and a dch. 1 1.8 - $ 2.000.00 , s - 'Item eliminate per Change Osier Number 1. See page 2of Pay Saimaa. 2 Item reduced by $30.000 per Mange Order ilusaber 1. Nee page 2 of Pay Setim de. Est slates af621PE PE -1 PAY ESTIMATE #4 CITY OF OTSEGO ELEVATED WATER STORAGE TANK AND TOWER #3 Change Order No. 1 tTEM ' ESTIMATED CONTRACT UNIT USED TO NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION Decrease amount of exavalion and dgposal of excess 1 sell maledal (Decrease to Sid Schedule "B "- Item No. 14) 1 LS ($30.000.00) $ (30.000.00) 1 Y (30.000.00) Dean the Exterior Containment System (Decrease to Bid 2 Scheduler - Item No. 10) 1 t.8 (8100,000.00) $ (100.000.00) 1 $ (100.000.00) Revise type, size and model of spotlights and poles 3 (Increase to Bid Scheduler tam No. 7) 1 LS 52,800.00 $ 2.000.00 $ - , Total Orfgil Sid Schedule "B" $ 2,061,000.00 $ 1412,820.00 Change Order No. 1 $ (127,200.00) $ (180.000.00) TOTAL $ 1,933.800.00 $ 1.284,820.00 Total Work Completed to Date $ 1.282.820.00 LESS 5% RETAINAGE: $ 64141.00 LESS PAY ESTIMATE 11 $ 184728.00 LESS PAY ESTIMATE #2 $ 148.200.00 LESS PAY ESTIMATE 13 $ 483,286.00 WE RECOMMEND PAYMENT OF: $ 401A59.00 APPROVALS: CONTRACTOR: PITTSBURG TANK AND TOWER .. I cerW(y that all items and amounts are correct for the work completed t0 date. Ste: v,�? Titte: • Date OG -20 -In ENGINEER: HAKANSON AND = - • N ASSOCIATES, INC. . payment payment for work and wangles as shown. • JO Tits: E !a i _ er :A 44A Date C/Z.$D OWNER: CITY OF OTSEGO SOW: Tits: Date RIMunIcipaPAOTSEG015211Pay Es91sIes1ot321PE PE - 2 PAY ESTIMATE #3 I T E M 5_ 6 CITY OF OTSEGO Otsego Creek Restoration Improvement Project No. 04-05 June 20, 2007 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Otsego Creek Restoration Contractor. Doboszensld & Sons, Inc. Contract Amount: $643,728.13 Award Date: December 4, 2006 Completion Date: April 30, 2007 • Dear Honorable Mayor and Council Members: The following work has been completed on the above - referenced project by Doboszenski & Sons, Inc. Bid Schedule "A" ITEM ESTNIATED CONTRACT UNIT USED TO NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION 1 Mobilization 1 LS 14,100.00 $ 4,100.00 1.00 $ 4,100.00 2 Ck#rhg 5.45 ACRE $1,625.00 $ 8,856.25 5.45 $ 8,856.25 3 Grubbing 5.45 ACRE $1,100.00 $ 5,995.00 5.45 $ 5,995.00 4 Remove Pipe Culverts 106 LF 113.00 $ 1,378.00 106 $ 1,378.00 5 Remove and Dispose Existing Sit Fence 3,000 LF $0.51 $ 1,530.00 6.063 $ 3,092.13 6 Common Excavation, P 17,453 CY $4.05 $ 70,684.65 17,453 $ 70,684.65 7 Dewatering 1 LS $48.000.00 $ 48.000.00 1.0 $ 48,000.00 8 Geot xtle Fabric Type V 14,724 SY 10.80 $ 11,779.20 13,243 $ 10,594.40 9 Sol Sfabiiza6on Geogrid 8,847 SY $2.45 $ 21,675.15 7,511 $ 18,401.95 10 Haul and Dispose Excess Sol, P 18,562 CY $4.55 1 75,357.10 18,562 $ 75,357.10 11 Aggregate Base Class 5 (100% Crushed) 5,010 TON $17.85 $ 89,428.50 5,345.18 $ 95,411.46 12 3X7 Precast Compete Box Culver 12 LF 1910.00 $ 10,920.00 12 $ 10,920.00 13 24" RC PDe Apron 6 EACH $925.00 $ 5,550.00 8 $ 5,550.00 14 88" Span RC Pipe -Arch Culvert pass HA 8 IF 1710.00 $ 5,680.00 16 $ 11,360.00 15 24" RC Pipe Culvert DES 3008 CL Ili 48 LF $58,00 1 2,784.00 48 $ 2,784.00 16 Random Rlprac Class III 161 CY $90.00 $ 14,490.00 217.09 1 19,538.10 17 Random Riprap Class IV 220 CY 175.00 $ 16,500.00 133.6 1 10,020.00 18 Relocate Miscellaneous Structures 3 EACH 12,500.00 1 7,500.00 2 $ 5,000.00 19 Instal Iron Fence 100 LF $55.00 $ 5,500.00 120 $ 6,600.00 20 Traffic Control 1 LS $2,525.00 $ 2,525.00 1.00 $ 2,525.00 21 Sign Panels Type C 67 SF 130.00 $ 2,010.00 $ - 22 Sign Panels Type C 8 EACH 156.00 $ 448.00 $ - 23 Transplant Existing Tree 12 EACH 1135.00 $ 1,620.00 $ - 24 Slit Fence, Type Machine Sliced 5.000 LF 13.03 ,$ 15,150.00 $ - 25 Fiotaticn Sit Curtain 400 LF 115.15 $ 6,060.00 90 $ 1,363.50 26 Temporary Rock Construction Entrance 9 EACH $1,390.00 $ 12,510.00 9 $ 12,510.00 27 Erosion Control Mat - Special 1 56.667 SY 11.62 1 91,800.54 46,411.0 $ 75,185.82 28 Erosion Control Mat- Special 2 38,267 SY 11.72 1 62,379.24 21,750 1 37,410.00 29 Turf Establishment - Special 1 13.1 ACRE $1,890.00 $ 24,759.00 6.55 $ 12,379.50 30 Turf Establishment- Special 2 5.2 ACRE 11,970.00 $ 10,244.00 2.8 $ 5,122.00 31 Turf Establishment- Special 3 2.3 ACRE 11,515.00 $ 3,484.50 1.2 $ 1,818.00 32 Turf Establishment - Special 4 0.3 ACRE $5.050.00 $ 1,515.00 0.15 $ 757.50 33 Colored Wood Mulch 30 CY 150.50 $ 1,515.00 35 $ 1,767.50 Told Bid Schedule "A' $ 643,728.13 $ 66448186 SMAunicipaMOTSEGO14245Pay Estimatesbt424PE PE - 1 PAY ESTIMATE #3 Engineer CITY OF OTSEGO Otsego Creek Restoration Improvement Project No. 04 -05 Bid Schedule "B" - Change Order #1 ITEM ESTIMATED CONTRACT UNIT USED TO NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION 1 Autumn Blaze Red Maple 46 EACH $300.00 $ - 46 $ 13,800.00 2 Sugar Maple 28 EACH $325.00 $ - 28 $ 9,100.00 3 Summit Ash 7 EACH $240.00 $ - 7 $ 1,680.00 4 Patmore Ash 10 EACH $240.00 $ - 10 $ 2,400.00 Total Bid Schedule "B" $ - $ 26,980.00 Bid Schedule "A" $ 643,728.13 $ 564,481.86 Bid Schedule "B" - Change Order #1 $ - $ 26,980.00 TOTAL $ 591,461.86 Total Work Completed to Date $ 591,461.86 LESS 5% RETAINAGE: $ 29,573.09 LESS PAY ESTIMATE #1: $ 258,236.09 LESS PAY ESTIMATE #2: $ 146,380.79 WE RECOMMEND PAYMENT OF: $ 157,271.89 APPROVALS: CONTRACTOR: DOBOSZENSKI & SONS, INC. Certification b Contractor: I ce Ty that all items and amounts are correct for the work completed to date. Signed: t Title: /M Date 6/e ENGINEER: HAKANSON ANDERSON ASSOCIATES, INC. Certification by Engineer: / - reco mend payment for work and quantities as shown. Signed: .__ - _ ■ Title: (?i Et/ Date to /020 n OWNER: CITY OF OTSEGO Signed: Title: Date S: \Municipal\AOTSEGO\424\Pay Estimates\ot424PE PE - 2 Final Pay Estimate 11 5 - 7 City of Otsego Improvement Project 06 -08 SCADA Radio Replacements June 20, 2007 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: SCADA Radio Replacements, Improvement Project No. 06-08 Contractor Automatic Systems Company Contract Amount $ 42,790.00 Award Date: December 26, 2006 Substantial Completion Date: May 1, 2007 Dear Council Members: The following wok has been completed on the above - referenced project Bid Schedule "A" - SCADA Radio Replacements item Estimated Contract Contract No. Description Quantity Unit Price Amount Used to Date Extension 1 Mobilization and Demobilization 1 LS $500.00 5500.00 1 8500.00 2 Remove 13 Existing Radios 1 LS $1,500.00 51,500.00 1 51,500.00 3 Furnish and install 13 New Radios 1 LS 516,000.00 516.000.00 1 516,000.00 4 Fumish Signal - Strength Equipment 1 LS $0.00 $0.00 1 50.00 5 Advise City of Other Equipment Needs 1 LS $0.00 80.00 1 $0.00 Total Bid Schedule "A 818,000.00 518,000.00 Change Order No. 1 kern Estimated Contract Contract No. Description Quantity Unk Price Amount Used to Date Extension 1 Supply Radio Diagnostic Software for all radios. 1 LS $3,358.00 $3,358.00 1 $3,358.00 2 Furnish and supply new power supplies for the new SCADA 1 LS 1 radios. 83,178.00 53,178.00 $3,178.00 Total Change Order No. 1 Change Order No. 2 item Estimated Contract Contract No. Description Quantity Unl Price Amount Used to Date Extension 1 Relocate SCADA master radio to Water Tower No. 1. 1 1 LS 518,254.00 _ 518,254.00 _ 1 518,254.00 Total Change Order No. 2 $ 518,254.00 SUMMARY OF WORK COMPLETED TO DATE Bid Schedule "A" - SCADA Radio Replacements $18,000.00 $18,000.00 Change Order No. 1 56,536.00 $6,.00 Change Order No. 2 $18,254.00 $18,254.00 TOTAL ALL BID SCHEDULES $42,790.00 $42,790.00 TOTAL WORK COMPLETED TO -DATE 542,790.00 WE RECOMMEND FINAL PAYMENT OF: $42,790.00 Final Pay Estimate OWNER City of Otsego Improvement Project 06 -08 SCADA Radio Replacements APPROVALS: CONTRACTOR: Burschville Construction, Inc. Certification by Contractor: I certify that all items and amounts are correct for the work completed to date. Signed: Title: Date: ENGINEER: Certification by Engineer: We recommend payment for work and quantities as shown. HAKANSON ANDERSON A - .00IAT a. , INC. Signed: 41111 i , . Title: ' 4,7 / Date: t%2//, OWNER: CITY OF OTSEGO Signed: Title: Date: IV V lJ1UC -.. '5';9,,,,..1.,:-- us t - - Wf +g t ,F - O'�SEO" , AUTOMATIC SYSTEMS CO. BOX 120359 . �vs f4uMBE� „ > '1 , _ • ST. PAUL, MN 55112 '� (651) 631 -9005 ▪ F , := _ _ Ada � .v.,,ri - -. 1» i - z ,: ' ,,, . , ;....,,,,; .: ,',,,,. TF X . ▪ ", ^ y . _ aO A SOLD C Of TO Otseg City of City Halt Various - SCADA RADIO UPGRADES 8899 Nashuel Ave. N:E. Otsego, MN 55330 Otsego, MN- 55330 Otsego / O4JR ORbER iJb { YQ( R,ORDER t� S � 4 � h t s ." ` 6 s r 1 • � �.5K o ';',..';*'.-1':- 1.911? cr 4�ti. , « ,.,a s t r ° i s � o L 1 `,,,k1 .a t , .- QUA � C UNIT PRICE F 1OUM '` ,' t c y xry + +'z�, s. �. o- A' ' t --, n .. er'i 1 y��, fib A p � F�f ^2 d4 *' t ,: $ trr - �a 3 �� a 1 r R -- on: , b �' m4 Y. 9 d r i 6 m B ! 3.' , Y e asa s .0 ? /.( R t 4�'"s4-' i- y ' .may 5 .� z t M Ie l ( 1) 9 i „ a : V",-.. 1 r e o b o r Y n . 4 N i t }' x ' ni ' ,, Y • .,3. ♦ � + /� o oo • r :',44,14:,-;'1141;,.' i s �d• "r�s f3 t3 u- `� a$ - , S ' 6 1 � .. ,f� _ x ` ter . _ 4 ,4,1' .; a . 1 aafs ., II , l u�r ai _ ;- ro # tt '' .. - - ya `< x '` +� ' a, s y - • ,, s p ` b� " r 1 t Y 1 3 35 5 ,: ' . � - .. i ea R.! ! 3 1 aw -r•-::,''....:•-•.: y ' : . y f kf'k S' _. . ! Y f r °. w • `-+a, a � :.. ''� •i +.r ., .� atR: F ` . a :,,,,*??,,,,-.:•-i„,..'.1:,..,:, 14 r;r � ; . S IG :,, , ..-Y, - a r g s.::S y � A _ t ' °' X 91E 1 fie , � ail i e . ,' 1 . ., • �. 7 ,� • t- a: a ' d , � ,yr n t ' • •1!* ,rr 4 • r(. "7 $2, 04 3 -.'.•-•'..;!','''' ,r'i � b {� �T :4 e - , : 3 . ' .. . Vi i " } 1 � C + 1 9 � p sT '.1:7,4`..,;':',.'.: ,--.--.---:7;,:.:.•-,':. V 4 & ^ $xn f - au _ b _. T '`dal fi+-'r • ,R: s 5 201 :. . $4520.1 03 K a , ice On e ( 1 ,� A e-- ;4 Y a I I a ! Y ng, A nd s i te. . $1 ' ' '' -" 0 s �' ti . - - $ 13 , . 00 • s , , ., - # R 4 . q _. ' :.. ��`m �+ ; � ,� � � �� �� � L r s+' �'� �i i . �^^s � ;.' - z' � `y� �� � � j - ��"T i� � t r ' X e s A p pli cab113 . . �,. �tb, 's - d w-� 1, a 1 a - eau e, 4; : r,,4�x I + ac ... • '�"r 1 �, - , ai " b£ t, a '' s . F u • - i�aw 00 � • . ate � � � -� _ yc��+�r3i�i*���� � ' w " "£ , � '°.,�c���i�/V • ^ _ .c 3 €' �' ' t' �, C , +;=''t r ; "tom,+:`„ . s ,Lis: �.1 `" k f kv +.� 3r' .� • �� <a :t ' F . R . gy t • x r -4 °.: ' l"t w Si .3 "3! x - ''1 *f 1 Y x • r °� ro e xFI f ° ` iVi a . y . ;, k4s r k4 j 4,K t a ;,:: i 4} Y # �.. , " -n' , - X 1 Unless other arrangements have been made and approved in w by this office at time of order, payment is due in full and payable 30 days from the date of invoice, unless start up service is required prior to the expiration of the 30 days, in which case payment is due in full prior to start up. You payment to us will not be dependent or contingent upon receipt of payment by you from any other party. Any balanc remaining due 31 days beyond the invoice date will be subject to a 1.5 percent monthly sery ice fee until paid. ORIGINAL AUTOMATIC SYSTEMS COMPANY 2740 Ford Street Ames, IA 50010 ,. 2400 W Co Rd D Roseville, MN 55112 Monday, June 18, 2007 To: Jane Kramer From: Dan Swenson Subject: City of Otsego Radio Upgrade Project The upgrade from 900 MHZ Spread Spectrum to dedicated 900 MHZ although proving demanding at first, has in the end proven to be everything we hoped for in performance. The radio configuration is as designed from Kaeding. I have found all sites to have excellent receive levels and reliable communication with the master site. This said it bodes well for a few sites that are being considered for future telemetry. I obtained the following RSSI Levels. 1) East Elevated Tank - -- West Elevated Tank Link -86 db 5.0 Miles 2) LS 1 Quaday - -- East Elevated Tank Link > -60 db 3) Well 1 - -- East Elevated Tank Link > -60 db 4) Pumphouse 1 - -- East Elevated Tank Link —68 db 5) East WWTF - -- East Elevated Tank Link —70 db 6) Pumphouse 2 - -- East Elevated Tank Link —72db 7) LS Riverpointe - -- East Elevated Tank —85 db 8) LS Riverplace - -- East Elevated Tank Link -83 db 9) Pumphouse 3 - -- West Elevated Tank Link > -60 db 10) LS3/We115 - -- West Elevated Tank Link > -60 db 11) West WWTF - -- West Elevated Tank Link > -60 db Note: the MDS Diagnostic software has an RSSI receive range from —60db to —120 db. Sincerely, Dan Swenson Automatic Systems Co c.c. Lane Stewart Bruce Wirth inufactureres Representatives Controls 0 Mechanical Equipement Main Office: P.O. Box 120359 St. Paul, Minnesota 55112 (651) 631 9005 Fax (651) 631 0027 Branch Office: P.O. Box 787 Ames, Iowa 50010 (515) 232 4770 Fax (515) 232 0795 lutop,.at F aystun3 eo. AUTOMATIC SYSTEMS CO June 20, 2007 Mr. Ronald J. Wagner, P.E. Hakanson Anderson Assoc., Inc 3601 Thurston Ave Anoka, MN 55303 • RE: Otsego, MN SCADA Radio Upgrade Dear Mr. Wagner, Enclosed please find the following: (1) Copy of Invoice # 19287S issued today to the City of Otsego for work completed (contract amount) for the SCADA Radio Upgrade Project. (2) Copy of our on site technician's (Mr. Dan Swenson) documentation that provides the specification requirement to provide the measured signal strengths with newly installed radios. Per our conversation of this afternoon- we discussed obtaining a little more detailed clarification as to "what" the measured signals (RSSI) really mean. Some additional clarification or explanations are as follows: The radio software diagnostics RSSI receive range is —60db to —120db (as noted on the report enclosed). The —60db represents the "highest or strongest signal strength, whereas the —120db represents the lowest or weakest signal strength. A typical reading one should expect for "good/very good" signal strength is in the range of —80 into (approximately) a —95db reading. Anything "over" the mid 95 's is deemed as "not so good or "poor". All sites (as per the attached) are "very good"; those noted as >60 db represent sites that were "better" than the strongest strength available with the diagnostics software range. - ,NUFACTURERS REPRESENTATIVES • CONTROLS • MECHANICAL EQUIPMENT 1- 11 :.. MAIN OFFICE: P.O. BOX 120359 ST. PAUL, MINNESOTA 55112 PHONE 651- 631 -9005 (FAX) 651 - 631 -0027 BRANCH OFFICE: P.O. BOX 787 AMES, IOWA 50010 PHONE 515 - 232 -4770 (FAX) 515 - 232 -0795 Mr. Ronald Wagner June 20, 2007 Page 2 The other item that we discussed relates to the "removed" equipment (ie: radios and processor) and as to their location. Please note that our personnel left all removed radios and the processor at the West Wastewater Facility. Should you have any questions, please let us know. S Ably OtfZ4a-i-ix--4----.._ e Kramer Automatic Systems Company Enclosures: ASC Invoice #19287S (copy), and radio signal report ITEM 6.2 CITY OF OTSEGO FINANCIAL PLAN JUNE, 2007 This Financial Plan lists a variety of City financial issues, from improvement assessments to particular bond issues to specially created funds, along with the assumptions, agreements, and reasoning that went into the creation of each financial issue. It is intended to be used as; 1) A historical tool for anyone who wants to review past decisions and their reasoning. 2) A reference for anyone who wants to understand the City of Otsego`s financial planning decisions. 3) Assistance for City staffs who may not have been involved in the decision - making but who are now charged with carrying out the decisions. This document is intended to be complementary to the annual audit of City finances. The audit contains more detailed information on City finances. 1991 ROAD IMPROVEMENT BOND PACKARD AVENUE The 1991 Improvement Bond was for $210,000 and was for Packard Avenue Reconstruction. The length of the bond was 12 years. The bond was called early and paid off from the Capital Improvement Fund to save on interest costs by Council resolution of April 23, 2001. The remaining past due assessments were transferred to the Capital Improvement Fund. 1992 CITY HALL CONSTRUCTION The construction of City Hall in 1992 was financed by debt issued by the City's Economic Development Authority (EDA). The debt issued was $450,000. The debt service payment is budgeted as Rent /Debt Service in the General Fund budget each year and listed under the City Hall department. The final payment on the bond is December, 2007. Because some of the construction work was done by Councilmembers, City staff, and other volunteer labor, the building was constructed for less than estimated costs and this account (Municipal Building Construction Fund) has a surplus of $192,054 as of December, 2006. The surplus has been reserved for repairs, remodeling, or expansion of City Hall. The 2003 and 2006 remodeling projects were funded by the Building Inspections Department Fund as they improved space for the Building Department. 2 1994 IMPROVEMENT BOND WELL #1 The 1994 Improvement Bond was for $210,000 and was for construction of the City's Well #1. The bond length was 10 years. Well #1 served only Otsego Elementary School until 1999 when the City constructed the East Otsego Water System and Well #1 was connected into that system. Payments totaling $153,464 on this bond were made from the general fund between 1995 and 1999. These payments were reimbursed to the Capital Improvement Fund from the 1999 Water & Sewer Debt Service Fund by Council resolution on December 23, 2002. The remaining balance was paid off in December 2004 using funds from the Water Fund. 1996 ROAD IMPROVEMENT BOND ISLAND VIEW & MISSISSIPPI SHORES The 1996 Improvement Bond was for road improvements in the Island View and Mississippi Shores Additions in the amount of $655,000. The bond length was 10 years. The bond was paid for entirely by assessments. Assessments were at 7.5% interest. The bond was called in December, 2003. $215,000 in principal remained and $147,942 was in the debt service fund. The difference of $67,058 was paid from the Capital Improvement Fund. Future assessments remain to be collected. Those assessments will be deposited in the Capital Improvement Fund as they are received. In 2006 $35,653 was transferred to the Capital Improvement Fund from this account and the Debt Service Fund was closed. This is the last assessment payment. Any future payments would be delinquent assessment payments. They will be transferred to the Capital Improvement Fund. 3 1998 & 1999 SEWER & WATER IMPROVEMENT BONDS EAST OTSEGO SEWER DISTRICT The 1998 & 1999 Sewer & Water Improvement Bonds were for the installation of Otsego's first municipal water and sewer system. This was installed in eastern Otsego adjacent to Highway 101. $4,500,000 was borrowed in 1998, and $2,595,000 was borrowed in 1999, for a total of $7,095,000. The bond length was 22 years. The bond payments were made from the Sewer Accessibility Charges (SAC) and Water Accessibility Charges (WAC) paid by those developers, builders, and property owners who hooked into the system. These charges were deposited into the Water & Sewer Debt Service Fund. There was enough money in the fund to pay the bonds off early at their call date of December 1, 2004. The City Council paid the bonds off early and will save approximately three million dollars in future interest costs over the original life of the bonds. 4 1998 ROAD IMPROVEMENTS 78TH STREET, QUADAY AVENUE, & PAGE AVENUE The 78 th Street, Quaday Avenue, and Page Avenue improvements were constructed in 1998 and 1999 as part of three residential developments that connected to City sewer and water. Those developments were Prairie Creek, Pheasant Ridge, and Crimson Ponds Additions. The improvements consisted of Quaday Avenue from County Road 42 south to 78 th Street, 78 th Street from Quaday Avenue west to Page Avenue, and Page Avenue from 78 th Street north to 79 th Street. These improvements were paid for by a combination of MSA funds, Road Access fees paid on a per lot basis by the developers, and Park Dedication funds for the trails. The Road Access fees were intended to cover approximately 50% of the road construction costs, because that was about the cost of a residential road. The City paid the additional costs because the roads were Collector streets and were wider than a normal residential road. There is undeveloped land on the south side of 78 th Street and the east side of Quaday Avenue. Because of that, both of those improvements show a deficit which will be made up when that land develops and the developers pay road access fees. The current status (12/31/06) of each of these projects is 78 Street (Between Quaday Avenue & Page Avenue) Road Improvement. There is a deficit of $218,373 in this account. This represents approximately half of the cost of the construction of this street. This deficit will be made up when the area on the south side of 78 th Street is developed and assessed street access fees. Quaday Avenue (Between County Road 42 & 78 Street) Road Improvement. There is a deficit of $65,772.50 in this account. This represents approximately half of the cost of the construction of this street. This deficit will be made up when the area on the east side of Quaday Avenue is developed and assessed street access fees. 5 Page Avenue (Between 78 Street & 85 Street) Road Improvement. Page Avenue between 79 Street and 85 Street was constructed in summer, 2002 and summer, 2003. 6 1999 OVERLAY STREET IMPROVEMENT BOND The 1999 Overlay Improvement consisted of the milling and overlay of a number of streets in the City of Otsego. Besides street overlays, a small amount of storm sewer work was done on 80 Street. Though begun in 1999, the improvement was not totally completed until 2001, and contractor delays caused a lot of complaints. The improvement was bonded for at the same time as the Sewer & Water improvement, and was included in the same bond issue. Consequently the bond amount of $1,800,000 was based on a cost estimate, and bids came in well under the estimate. The additional funds were transferred to the debt service account for this improvement in 2002. This, along with considerable pre - payment of assessments, allowed the City tax levy contribution to be reduced from initial estimates. The bond length was 10 years. The total cost was $1,425,128.40. 43% of the cost was assessed. The rest is being paid for on a yearly basis as part of the general tax levy. This improvement was assessed in November, 1999 at $1,164.50 per benefiting household unit. The assessment was for 10 years at 6% interest. There were 525 -M benefiting household units, including undeveloped acreage. In the rural parts of the improvement, acreage was assessed at one benefiting unit per 40 acres. Property owners were told that if they developed their acreage in the future, they could be assessed for each new lot created. In June, 2003, the bonds maturing in the years 2005 -2009 (totaling $925,000) were refunded. The money needed to pay these bonds off came from the 1999 Overlay Debt Service Fund ($480,000) and $460,000 in new bonds issued at a much lower interest rate than the 1999 Bonds. The net present value of the refunding transaction to the City was $37,181. These new bonds will be paid by tax levies and the remaining assessments due. The City levied $45,000 in 2006 and $40,000 in 2007 in taxes for this bond. 7 ODEAN AVENUE IMPROVEMENT 1999 -2000 The Odean Avenue Improvement consisted of the reconstruction and widening of a little over two miles of Odean Avenue from County Road 39 south to County Road 37. The city received a grant of over one million, three hundred thousand dollars through the ISTEA(T -2000) federal grant program. This grant, MSA funds, assessments of benefited properties, and Park Dedication funds for the bike trail were the funding sources for the improvement. $82,571.44 of the storm sewer work benefited the Halls Pond Watershed, so it has been accounted for under that watershed. Total Costs: Construction $1,848,933.11 Engineering $ 322,221.46 Easements $ 331,797.00 Appraisals $ 54,370.00 Legal $ 25,314.50 TOTAL $2,582,636.07 Funding Sources: ISTEA Grant $1,343,558.91 MSA Funds $ 848,197.00 Assessments $ 178,500.00 Cap Improvement funds $ 69,809.72 Bike Trail Funds $ 60,000.00 Halls Pond Funds $ 82,571.44 TOTAL $2,582,636.07 This improvement was assessed in July 30, 2001 at $3,500 per benefiting household unit. There were 51 benefiting household units, including undeveloped acreage. In the rural parts of the improvement, acreage was assessed at one benefiting unit per 40 acres. Property owners were told that if they developed their acreage in the future, they could be assessed for each new lot created. The assessment was for 10 years at 6% interest. 8 Of the $178,500 in assessments, $54,000 was initially deferred pending future development. The deferred parcels ($28,000) remaining and their current (12/06) owners are; Contractor Property Development 3 Units DeSoto Associates 2 Units Frank & Melanie Morrisette 2 Units Rex & Karen Osterbauer 1 Unit 9 2001 SLABTOWN IMPROVEMENTS The Slabtown Improvement assessment was one of the most complicated assessments ever done by the City of Otsego. The improvements consisted of sewer, water, storm sewer, and street improvements which were installed by the City of Dayton in 2001. The Public Improvement hearing was held July 31, 2000, and August 8, 2000. The Assessment Hearing was held September 10, 2001 and September 24, 2001. The assessment period is for 20 years, the interest rate is 6 %, and the first installment was paid in 2002. These improvements were part of a larger Dayton improvement project which provided sewer and water to the "Old Village" of Dayton, along with street and stormwater improvements, while providing the same improvements to the Slabtown neighborhood, four properties of which were in Otsego. In addition, one of the Otsego properties was in the process of being subdivided into an additional 5 lots, with the final platting of the 5 lots being delayed until the sewer and water were installed. This was part of Otsego's construction of the East Otsego Sewer Plant, of which Dayton contracted to purchase and pay for 20% of the l Phase of the plant. Dayton entered into an agreement with the Otsego City Council to assess the City of Otsego for the improvements to the four Otsego properties, and Otsego then assessed the four properties directly. Since Dayton and Otsego's assessment policies were different, this resulted in slightly different amounts being assessed to the Otsego properties. The total assessments were as follows. 1. Clare T. Brauch, PID #118 - 500 - 364100, 17950 62 Lane NE, $22,536.00 2. Earl & Elaine Schulenburg, PID #118 - 500 - 364101, 6276 Rawlings Avenue NE, $15,270.00 3. Bruce & Nancy McAlpine, PID #118 - 500 - 364401, 6169 Richardson Avenue NE, $19,770.00 4. Rick & Rebecca Grupa, PID #118- 500 - 364400, 6201 Richardson Avenue NE, $86,222.00 10 The breakdown of the assessment was as follows; Street & Storm Sewer $ 9,104 Sewer Trunk $ 2,033 Water Trunk $ 1,538 Sewer Lateral $ 2,380 Water Lateral $ 4,715 Sewer Plant Access Fee $ 2,766 Total $22,536 The Sewer Plant Access fee was not part of Dayton's expenses that was assessed to the City of Otsego, but was the City of Otsego's cost as part of its regular SAC fee. Dayton had paid their SAC fees by paying for 20% of the cost of the construction of the sewer plant. The Otsego City Council offered all four property owners the opportunity to have the SAC fee assessed as part of the improvement assessment. The benefit for the property owners is that they could pay off the fee as part of their assessment. Those property owners who did not agree to this will have to pay the SAC fee in its entirety in the future when they hook up to City sewer. Clare T. Brauch was the only one who agreed to this. That is why her assessment is $2,766 higher than the others. The McAlpines and Schulenburgs did not agree to be assessed since they did not intend to hook up to sewer until some time in the future. The Grupas did not agree since they were intending to subdivide their property in the future. The Schulenburg assessment is lower by $4,500 because they were not charged for % of a street /storm water assessment because their driveway went into County Road 36 rather than the improved city street. The City Council told the Schulenburgs that if they or future property owners ever put a driveway into the improved city street the City could assess them for the street improvement. The Grupa assessment is larger because they received Preliminary Plat approval for five additional lots, so their assessment is spread across six total lots. The Grupa assessments have been paid because the lots were developed. As of 12/06, the only assessments remaining are those belonging to Schulenburgs and McAlpines. 11 2001 IMPROVEMENTS - 88TH STREET STREET, SEWER, WATER, & STORMSEWER The 2001 88 Street improvements were petitioned for by Christ Lutheran Church. As part of their expansion plans the City required them to be hooked up to City sewer and water. Among other benefiting property owners were the Bank of Elk River and land to their south owned by Mary Rose Dare. The improvements consisted of reconstruction of the existing street, construction of a new street extension, and installation of sewer, water, and storm sewer. The improvement hearing was held August 22, 2000. The total cost was $318,158. The improvement was funded by the City out of cash balance and 100% assessed to benefiting properties. The assessment hearing was held July 30, 2001. The assessment period is for 10 years, with an interest rate of 6% and all costs were 100% assessed. The storm sewer costs ($151,162) were assessed as a storm sewer fee on a cost per acre basis to benefiting developed properties. In April, 2003 the Bank of Elk River paid all of their storm sewer fees and Christ Lutheran Church paid the fees on the developed portion of their property. Undeveloped benefiting properties will pay the storm sewer fee when they develop, as will Christ Lutheran Church on the remainder of their property. Total Costs: Street $ 21,961 Stormwater $151,162 Water $ 46,090 Sewer $ 36,347 Engineering $ 43,625 Easements $ 16,800 Legal $ 2,173 Total $318,158 Funding Sources: Christ Lutheran Church Assessments $ 98,570 Mary Rose Dare Assessments $103,414 Bank of Elk River Assessments $ 19,570 Storm Sewer Fees (Assessed) $ 25,156 Storm Sewer Fees (Deferred) $ 71,448 Total $318,158 12 2001 IMPROVEMENTS - PULTE SEWER & WATER EXTENSIONS, QUADAY AVENUE The 2001 Sewer & Water line extensions were installed by Pulte Homes as part of their development at Highway 101 and County Road 37 known as The Point. The sewer and water lines were extended south of 78 Street in order to serve the Pulte Homes development. Pulte Homes paid 100% of the costs. They were extended past undeveloped properties. When those properties develop in the future, Pulte Homes is due reimbursement of $193,500, minus land acquisition costs. That reimbursement is spelled out in a development agreement signed with Pulte Homes. 13 2002 IMPROVEMENTS - WATERFRONT WEST STREET, SEWER & WATER, AND TRAFFIC LIGHT This improvement was the installation of street (Quaday Avenue north of County Road 39), sewer, water, storm sewer, and a traffic light at the intersection of County Road 39 and County Road 42. These improvements were for the Waterfront West commercial development located at County Roads 39 & 42. These improvements were paid for by the City out of cash balance and then the City reimbursed cash balance from the proceeds of the 2003 Improvement Bond. The costs were guaranteed by the developer, LandCor, Inc., which provided a Letter of Credit of $1,500,000.00. The improvement was 100% petitioned for by LandCor, Inc., which waived all hearings. Construction of the improvements began in summer 2002 and they were finished in summer 2003. The assessments were adopted on November 10, 2003. The interest rate was 7 %. Total Costs: Sewer $ 220,699 Water $ 234,034 Street $ 412,527 Storm Sewer $ 211,517 Traffic Light $ 526,125 Engineering $ 278,026 Legal $ 5,422 Other $ 7,185 Total $1,895,535 Costs were 100% assessed to benefiting properties. Portions of the assessments were paid up front. Assessments remaining as of 12/06 for the Waterfront Addition are; 14 Lot 1, Block 1. Rockwoods Restaurant $232,728 2 nd Add, Lot 1, Block 1. Marketplace West $113,193 2 nd Add, Lot 1, Block 1. Hempl Bldg $ 63,308 3 rd Add, Lot 1, Block 1. Medical Bldg $ 56,486 3 rd Add, Lot 2, Block 1. Gas Station $ 57,219 3 rd Add, Lot 1, Block 2. Embers Restaurant $ 50,632 3 rd Add, Lot 2, Block 2. Riverview Bank $ 85,943 4th Add, Lot 1, Block 1. Hotel /Water Park. $240,065 Total $899,574 This is a reduction of $281,048 from 2004's amount. A portion of these assessments are WAC & SAC fees, which are paid to the Water & Sewer Debt Service Fund. 15 2002 IMPROVEMENTS - 85 STREET EXTENSION STREET, SEWER & WATER This improvement is the extension of 85 th Street east from its intersection with County Road 42 (Parrish Avenue). This improvement includes installation of sewer and water, storm sewer, and street reconstruction. The improvement was petitioned for by Today Companies as part of the development of a four lot business park on the south side of 85 th Street. The improvement hearing was held October 22, 2001. Construction began in fall, 2002 and was completed in spring, 2003 for a total cost of $380,755. The improvement was paid for out of cash balance. The City later reimbursed cash balance from the proceeds of the 2003 Improvement Bond. The south side of the street, owned by Today Companies, guaranteed payment of their share of improvement costs with a letter of credit. The north side of the street, owned by the Kolles Family Trust, was assessed for their share. The assessment hearing was held September 25, 2003. The final assessments were set on November 24, 2003. The terms were 10 years at 4.8% interest. The deferred Kolles assessment will be paid as part of the Great River Centre development in 2007. Total Costs: Construction $233,962 Easements $ 86,500 Engineering $ 49,569 Legal $ 8,750 Other $ 1,974 Total $380,755 Funding Sources: Today Assessment $186,500 Kolles Assessment $186,500 (Deferred) MSA Funds $ 7,755 Total $380,755 The Kolles Assessment will be reassessed to the Great River Centre commercial development in 2008 as part of the developer's agreement with Terra Development. 16 2002 EAST OTSEGO SEWER PLANT PHASE II EXPANSION The Phase II expansion of the East Otsego Sewer Plant was ordered by Council on October 8, 2001. Construction began in spring 2002 and was completed in summer 2003. The cost of the expansion was $2,514,906. This was funded out of the Water & Sewer Debt Fund. The cost was reimbursed to the Water & Sewer Debt Fund as part of the 2003 Water & Sewer Bond. The bond payments will be paid for by sewer hookup charges paid by users of the system. 2003 IMPROVEMENT BOND The 2003 Improvement Bond borrowed $4,970,000 for the following uses. $2,660,000 Reimbursed the City for the Waterfront West Improvements (2002). Costs on this improvement were 100% assessed. $2,310,000 Funded the 85` Street /Page Avenue Improvement. Costs on this improvement will be paid for by a combination of City tax levies, assessments, and Park & Trail fees. The bond length is 10 years. 17 2003 85 STREET /PAGE AVENUE IMPROVEMENTS The 85 Street and Page Avenue Improvements began in summer, 2003 and were completed summer, 2004. The improvements consisted of the reconstruction of 85 Street from Page Avenue west to Nashua Avenue, and the reconstruction of Page Avenue from 85 Street north to County Road 39. The improvements were paid for from proceeds from the 2003 Improvement Bond. The bond payments will be paid for by a combination of general tax levies, assessments, and Park Dedication Funds for the bike trails. The improvement hearing was held January 16, 2003. The assessment hearing was held September 25, 2003 and the assessment was set at $4,186.72 per benefited residential parcel. The interest rate was 6% and the term was 10 years. Total Costs: Construction $1,798,902 Engineering $ 355,526 Easements $ 186,374 Other $ 2,631 Legal $ 23,548 TOTAL $2,366,981 Funding Sources: Tax Levies $2,103,678 Assessments $ 183,303 Bike Trail Funds $ 80,000 TOTAL $2,366,981 A total of $2,103,678 is scheduled to be levied on property taxes to pay the non - assessed portion of this improvement. Any remaining balance after the bond is paid off will be transferred to the Capital Improvement Fund. 18 2003 SEWER & WATER REVENUE BOND The 2003 Water & Sewer Revenue Bond borrowed $11,370,000 for the following uses. $2,500,000 reimbursed the City for the East Sewer Plant Phase II Expansion. These costs will be paid for by sewer hookup fees on users who hook into the sewer system. $8,870,000 funded the West Otsego Sewer & Water System construction based on preliminary cost estimates. These costs will be paid for by sewer and water hookup fees on users who hook into the system. The bond length is 20 years. Note: Costs over the preliminary cost estimate for the West Sewer & Water System will be funded by WAC & SAC fees collected from new development in the West Sewer District. 19 2003 WEST OTSEGO SEWER & WATER IMPROVEMENTS The West Otsego Sewer and Water improvements were constructed in 2003, 2004, and 2005, and were financed by the 2003 Water & Sewer Revenue Bond. The bond will be paid by sewer and water hookup charges paid by users of the sewer and water system. The costs incurred in the planning of these improvements were $136,436. Total construction costs are $8,320,817 for the sewer system and $3,815,303 for the water system. This includes costs for two improvement projects that are funded as follows. Total Costs: Construction $10,571,062 Engineering $ 1,430,424 Easements $ 57,392 Other $ 62,891 Legal $ 14,351 Total $12,136,120 Kurtti Watermain - This trunk water line was installed earlier than planned at the request of Zimmer Farms, Otsego Preserve, and Martin Farms developments for a total cost of $214,845. These developments paid for this cost and will be reimbursed in the future from the WAC fees paid by the Remington Coves subdivision. Kittredge Crossings - Trunk water and sewer lines were extended through other properties and paid for by Farr Development's Kittredge Crossings at a total cost of $400,262. These lines will also serve properties west of County Road 19, including the "Golden Triangle" area south of I -94. Farr Development will be reimbursed for these costs, minus the $69,350 paid for easements, up to a total of $330,912, once these areas develop and the City receives the SAC and WAC fees from the development. 20 2003 PARK CONSTRUCTION The 2003 Park Construction projects consisted of improvements to Prairie Park and the construction of School Knoll Park. These improvements were funded from the Park Development Fund, which consists of park dedication funds paid by the developers of new homes. Construction began in June 2003 and was substantially complete in October, 2003, with additional work done in 2004 and 2005. Total Costs Prairie Park $ 897,446 School Knoll Park $ 354,358 Total $1,251,804 2003 O'BRIAN AVENUE & 87 STREET IMPROVEMENT The O'Brian Avenue and 87 Street Improvement was petitioned for by the affected landowners. The Improvement Hearing was held September 4, 2003. Construction began in fall, 2003 and was completed in summer, 2004. The total cost was $150,745 consisting of $128,060 in construction costs and $22,685 in engineering costs. The improvement was 100% funded by assessments. The Assessment Hearing was held August 9, 2004. The improvement was assessed at $6,465 per parcel. The assessment was for 10 years at 6%. 21 2004 IMPROVEMENT BOND The 2004 Improvement Bond borrowed $1,675,000 for the Quaday Avenue Improvement. The bond length is 10 years. The improvement was delayed until 2005 by federal and state review requirements. Bond payments will be made by a combination of a Federal T2000 grant, assessments, stormwater funds, City tax levies and Park & Trail fees. 2004 PARK CONSTRUCTION The 2004 Park Construction projects consisted of some improvements to Prairie Park and the construction of Lily Pond Park. These improvements were funded from the Park Development Fund, which consists of park dedication funds paid by the developers of new homes. Construction began in July 2004 and was finished in October 2005. Landscaping was completed in 2006. Total Costs Lily Pond Park $452,520 22 2004 MACIVER AVENUE & 70 STREET IMPROVEMENT The 2004 Maclver Avenue & 70 Street Improvement consisted of the reconstruction and widening of a little over two miles of gravel road (MacIver Avenue) from 80 Street south to County Road 37. A quarter mile of new road (70 Street) was constructed east of MacIver Avenue. The roads are 44 foot wide with curb and gutter and storm sewer. The improvement was funded primarily by Road Access fees paid by area developments. Additional funding was provided by the MSA fund. Construction began in summer of 2004 and was completed in 2005. Total Costs; Street $2,259,611 Trunk Storm Sewer $ 479,161 Water Line Extensions $ 9,183 Sewer Line Extensions $ 8,193 Bike Path Construction $ 125,604 Engineering $ 392,500 Easements $ 65,370 Legal $ 7,286 Other $ 40,000 Total $3,386,908 Funding Sources; Road Access Fees $1,593,025 (60 %) MSA Funds $1,062,017 (40 %) Otsego Creek Fund $ 191,860 Bike Trail Fees $ 146,816 WAC Fees $ 10,434 SAC Fees $ 9,309 Albertville Portion $ 466,270 Total $3,479,731 *Street access fees and other funding sources include their pro - rata share of engineering, easements, legal, and other expenses. 23 2005 QUADAY AVENUE IMPROVEMENT The Quaday Avenue Improvement consisted of the reconstruction and widening of a little over 3 4 of mile of gravel road (Quaday Avenue) from 78 Street south to County Road 37. The improvement is partially funded by a Federal T2000 grant the City received. The Improvement Hearing was held April 26, 2004. Due to delays in Federal and State review of the plans, the improvement could not start until summer, 2005. Construction began in the summer of 2005 and was completed in summer, 2006. The Assessment Hearing was held October 30, 2006. The assessment was for 10 years at 6% interest. Total Costs; Street $ 762,488 Water $ 111,941 Sewer $ 117,251 Storm Sewer $ 132,611 Bike Path $ 43,975 Engineering $ 193,514 Easements $ 190,000 Legal $ 19,371 Other $ 33,724 Total $1,604,875 Funding Sources: T2000 Grant $ 530,000 Assessments (Current) $ 186,678 Assessments (Deferred) $ 614,991 Stormwater Fees $ 132,500 Tax Levies $ 91,454 Bike Trail Funds $ 49,252 TOTAL $1,604,875 *Many Assessment costs were traded for free easements. Some Storm Sewer fees were traded for a drainage easement to build the regional storm pond. These are still accounted for as cash in these figures. 24 2005 89 TH & PARELL IMPROVEMENT This improvement, the paving of an existing gravel road, was been requested by the residents by petition of a majority of affected property owners. The improvement hearing was held March 28, 2005. Construction began in May 2005 and was complete in June 2005. The assessment hearing was held October 24, 2005. This improvement was 100% assessed. This improvement was financed through the Revolving Capital Improvement Fund, and the assessments received will go back into that fund. Total Costs: Construction $33,152 Engineering $ 8,353 Public Works Costs $ 1,617 Total $43,122 2005 IMPROVEMENT BOND The 2005 Improvement Bond borrowed $3,000,020 to fund the Waterfront East and Mississippi Shores Frontage road improvements. The bond term is 20 years. These costs will be paid for primarily by assessments on benefiting properties. The City portion was paid for by a transfer from the Revolving Capital Improvement Fund. WELLHEAD PROTECTION Wellhead Protection is an unfunded State mandate. The City has spent $27,508 on this mandate as of December 2006. $9,381 was spent in 2006. These expenditures are taken from the Water fund account. 25 2005 FRONTAGE ROAD IMPROVEMENT MISSISSIPPI SHORES 6TH & 7TH ADDITIONS This improvement consisted of improving the frontage road adjacent to the older businesses along County Road 39 just west of County Road 42. The improvement was petitioned for by some of the property owners and all of the owners signed waivers of assessment. The Improvement Hearing was held November 8, 2004 and January 24, 2005. Construction began in 2005 and was completed in 2006. Initial assessments were made in 2006 in the amounts the property owners had waived. A second assessment hearing of the amount's over what the property owners had waived was held March 12, 2007 and March 26, 2007. This improvement was financed through the 2005 Improvement Bond. The City paid a portion of the costs with the remainder being assessed or paid by fees. The City share was paid from the Revolving Capital Improvement Fund. Total Costs; Street $ 299,239 Storm Sewer $ 128,128 Sewer $ 248,444 Water $ 73,947 Engineering $ 156,239 Legal $ 15,616 Park Ave Improvements $ 106,467 Total $1,028,080 Funding Sources Assessments $ 635,569 SAC Fees $ 164,867 WAC Fees $ 9,350 Stormwater Funds $ 55,306 Cap Improvement Fund $ 162,988 Total $1,028,080 Lateral costs were assessed to benefiting property owners. Trunk costs are funded from SAC, WAC and Stormwater fees. 26 2005 SEWER & WATER REVENUE BOND The 2005 Water & Sewer Revenue Bond borrowed $10,855,000 to fund the East Otsego Sewer Plant Phase III Expansion. The bond term is 20 years. These costs will be paid for by sewer hookup fees paid by users who hook into the system. 2005 EAST SEWER PLANT PHASE III EXPANSION The Phase III expansion of the East Otsego Sewer Plant was ordered in February 14, 2005. The expansion increased the size of the East Otsego Sewer Plant from 400,000 gallons per day to 1,000,000 gallons per day. Construction began in April, 2005 and was completed in fall, 2006. The cost of the expansion was $10,290,876. This was funded by the 2005 Sewer & Water Revenue Bond. The costs will be paid for by sewer hookup charges paid by users who connect to the system. Total Costs; Construction $ 9,271,516 Engineering $ 600,849 Easements /Land Purchase $ 339,579 Legal $ 4,442 Sludge Hauling $ 74,490 Total $10,290,876 27 2005 IMPROVEMENTS - WATERFRONT EAST PHASE I STREET, SEWER & WATER, AND STORM SEWER This improvement consisted of the installation of street (County Road 39/90 Street extension), sewer, water, streetlights, and storm sewer at the northeast corner of the intersection of County Road 39 and State Highway 101 for the Waterfront East commercial development. All improvements were assessed 100% per developer's agreement. City agreed as a development incentive that assessments would not be filed until Pay 2008. The assessment term is 15 years and the interest rate is 7 %. The improvement was 100% petitioned for by the developer, LandCor, Inc., which waived all hearings. Construction of the improvements began in summer 2005 and was completed in 2006. A portion of these assessments are WAC & SAC fees, which will be paid to the Water & Sewer Debt Service Fund. Total Costs; Street $ 208,306 Storm Sewer $ 869,449 Sewer $ 109,793 Water $ 328,776 Engineering $ 213,622 Legal $ 1,979 Easements $ 0 Other $ * * * * * * * ** Total $1,731,925 Waterfront East Phase II improvements are scheduled to be constructed in 2007 and 2008. 28 2006 IMPROVEMENT BONDS The following Bonds were sold in 2006. 1) 2006 SE Otsego Sewer & Water Improvements. This bond was in the amount of $8,875,000 and funded water & sewer improvements for SE Otsego including water tower #3, wells, water line extensions, sewer line extensions, and sewage lift stations. This also included the movement of city water and sewer utilities out of the Highway 101 right -of -way and the extension of sewer forcemain. The bond payments will be made from SAC and WAC fees on new development. 2) 2006 Road Improvements. This bond was in the amount of $5,985,000 and funded road improvements including the widening of Parrish Avenue from two lanes to four lanes between County Road 39 and 85 Street, the improvement of the County Road 39 and Parrish Avenue Intersection and the extension of Queens Avenue north to County Road 37. The bond payments will be made from a combination of assessments, Capital Improvement Funds, and City tax levies. 3) Public Works Building. This bond was in the amount of $3,595,000 and funded the construction of a Public Works building. The bond payments will be made by a combination of tax levies and funds that were set aside in the City Campus account. 29 2006 SE OTSEGO SEWER & WATER IMPROVEMENTS These improvements consist of extending sewer and water infrastructure to SE Otsego including water tower #3, wells, water line extensions, sewer line extensions, and sewage lift stations. These improvements also included the movement of city water and sewer utilities out of the Highway 101 right -of -way and the extension of an additional sewer force main from the Quaday Avenue Lift station to the East Treatment Plant. The improvements are expected to be completed by the end of 2007. The improvements were paid for by the 2006 Sewer & Water Bond. Bond payments will be paid from SAC and WAC fees paid for by new development. Total Costs as of 12/06; Water Tower #3 $1,933,800 Well #8 $ * * * * * * * * *? Sewer $2,554,107 Water $1,047,327 Storm Sewer $ 48,281 Street $ 5,425 Engineering $ 546,110 Easements $ 268,500 Other $ 2,639 Legal $ 3,816 Total $6,410,005 Funding Sources; (Estimated) SAC Fees $2,910,534 Storm Sewer Fund $ 55,580 WAC Fees $3,667,515 Total $6,633,629 *Water Treatment Costs will be added in the 2008 update. 30 2006 ROAD IMPROVEMENTS PARRISH AVENUE & QUEENS AVENUE These improvements consisted of the widening of Parrish Avenue from two lanes to four lanes between County Road 39 and 85 Street, the improvement of the County Road 39 and Parrish Avenue Intersection and the extension of Queens Avenue north to County Road 37. The improvements were funded by the 2006 Road Improvement Bond and bond payments will be made from a combination of Assessments, Storm Sewer Funds, SAC & WAC Fees, Park & Trail Fees, and City tax levies. PARRISH AVENUE Total Costs as of 12/06; Street $1,593,995 Storm Sewer $ 221,819 Water $ 21,009 Sewer $ 11,200 Bike Trail $ 30,757 Traffic Signals $ 538,135 Engineering $ 292,634 Easements $ 373,691 Other (Trees + Testing) $ 16,932 Legal $ 25,763 Total $3,125,935 Funding Sources; Assessments $2,802,474* Lefebvre Creek Fund $ 201,606 N. Mississippi Fund $ 50,401 WAC Fees $ 23,868 SAC Fees $ 12,724 Bike Trail Funds $ 34,943 Trees $ 5,025 Tax Levies $ * * * * * * * *? Total $3,131,041 31 2006 QUEENS AVENUE This improvement consists of the extension of Queens Avenue north to County Road 37 from its previous terminus at 60 Street. The improvement was funded by the 2006 Road Improvement Bond and bond payments will be made from a combination of Assessments, Road Access Fees, Storm Sewer Funds, SAC & WAC Fees, Capital Improvement Funds, and City tax levies. Additional work remaining as of 12/06 is; finish paving north to the CSAH 37 intersection, put the second lift down, and restoration. Total Costs as of 12/06; Street $1,571,499 Sewer $ 426,450 Water $ 675,029 Storm $ 219,383 Engineering $ 353,549 Easements $ 142,547 Trail $ 68,526 Other $ 25,123 Legal $ 34,764 Total $3,516,870 Funding Sources; Assessments $ Road Access Fees $1,900,000* Cap Improvement Fund $ SAC & WAC Fees $ Trail Fees $ Stormwater Fees $ Tax Levies $ Total $ 32 2006 IMPROVEMENTS PUBLIC WORKS BUILDING This improvement consisted of the construction of a Public Works building. The building can be easily expanded northward when additional vehicle storage is needed. The improvement was funded by the 2006 EDA Public Works building bond. The bond payments will be made by a combination of tax levies and funds that were set aside in the City Campus account. Total Costs Building Construction $3,905,129 Land Acquisition $ 902,439 Architect $ 302,907 Salt Storage Facility $ 128,998 Engineering $ 10,551 Utilities $ 9,688 Other $ 18,594 Legal $ 15,178 Total $5,293,484 Funding Sources; City Campus Fund $1,803,224 Tax Levies $3,490,260 Total $5,293,484 33 2006 SEWER & WATER EXTENSION TO I -94 WEST INDUSTRIAL PARK This improvement consists of the extension of sewer and water west from Farr Development's Kittredge Crossings to serve the I- 94 West Industrial park. This improvement was 100% petitioned for by the property owners. The improvement was paid for from the Capital Improvement Fund and was 100% assessed to the benefiting property owners. Some of the assessments were deferred up to three years until the development of the property. Some of the assessments were deferred until the property hooks up to sewer and water. Some of the WAC & SAC fees will go towards reimbursing Farr Development up to $330,912 of their costs to oversize the trunk water and sewer mains installed in the Kittredge Crossings development. Total Costs $636,979 Sewer $339,730 Water $212,485 Engineering $ 81,310 Legal $ 3,454 Total $636,979 Funding Sources; Current Assessments $134,000 3 Year Deferred Assessments $154,213 Development Deferred Assessments $233,500 SAC Fees $107,506 WAC Fees $ 17,200 Total $646,419 34 2007 IMPROVEMENTS The improvements contemplated for 2007 are listed below. GRENIN'S MISSISSIPPI HILLS SEWER EXTENSION This improvement consists of the extension of sewer service from the Riverwood National Golf Course to serve an area of failing septic systems. The improvement will also serve five vacant lots which are expected to develop in the near future. Estimated Costs $230,000* Sewer $ * * * * ** Engineering $ Easements $ 0 Other $ Legal $ * * * * ** Total $ Funding Sources; Assessments $ * * * * * ** Cap Improvement Fund $ * * * * * ** SAC Fees $ * * * * * ** Private Contributions $ * * * * * ** Total $ * * * * * ** 35 WEST OTSEGO STREET ACCESS FEES The West Otsego Street Access Fees consist of fees paid per lot by developers for new development to construct their portion of collector roads needed to serve the new developments. State law does not allow 100% of the cost of collector roads to be assessed to new development as they are considered to provide a partial benefit to the rest of the City. Consequently developers are assessed collector road access fees based on the estimated cost of a local street. The West Street Access fees consist of two separate funds. Maclver Avenue /70 Street Fund consists of those fees collected from development located east of County Road 19 and is intended for the construction /reconstruction of Maclver Avenue and 70 Street. This fund has a balance of zero as of 12/06 because all funds have been dedicated toward the Maclver construction fund. Future development fees will accumulate in this fund after the Maclver Avenue deficit is eliminated. Kadler Avenue /70 Street Fund consists of those fees collected from development located west of County Road 19 and is intended for the construction /reconstruction of 70 Street and the future reconstruction of Kadler Avenue. This fund has a balance of $523,632 as of 12/06. (Proposed uses of the Fund in 2007 are for the paving /reconstruction of 70 Street.) 36 COLLECTOR ROAD FUND The Collector Road Fund (formerly the MSA Fund) is funded by money Otsego receives on a yearly basis from the State of Minnesota for major road improvements. The amount of those funds is determined by State formula, which is based on population and mileage of City roads. Twenty five percent (25 %) of the funds the City receives are designated for road maintenance. The funds designated for road maintenance by the State have gone into the general fund on a yearly basis to help pay for City road maintenance. This fund is intended to be used to finance road improvements on major city roads such as collectors or arterials. The fund will pay the balance of costs for collector or arterial roads that cannot, per State law, be charged to a developer. The fund will occasionally be used to finance collector or arterial roads in advance of receipt of a developer's road access fees. The Collector Road Fund will be paid back when the road access fees are received from development. The current balance in the fund is $579,084 which is a decrease of $311,331 from 2005. The Collector Road Fund received $35,974 in interest in 2006. The expenditures from this fund in 2006 were $348,284 to finance the balance of the Maclver Avenue /70 Street improvement. (Proposed uses of the Collector Road Fund in 2007 are whatever funds are needed to balance out the Maclver Avnue /70 Street project.) 37 DEVELOPMENT ASSISTANCE The City of Otsego currently has two development assistance agreements, both for tax rebates, with Long Haul Trucking and Apex Warehouse. APEX WAREHOUSE On December 15, 1998, the City of Otsego signed an agreement with Apex Business Center to provide financial assistance as part of the development of Apex Business Center. The total assistance would be 3.75% of the building market value for Pay 2000, and would be paid from 30% of the City portion of taxes received yearly until such time as the assistance was fully paid. The Pay 2000 estimated market value of the Apex Business Center was $1,842,200. This means the total assistance will be 3.75% of that amount, or $69,082.50. The total amount of taxes paid to the City in 2005 was $19,594.36. 30% of that is $5,878.31. That check, plus the previous payments that are listed below, reduces the total amount of assistance owed to Apex to $24,633.67. Year Payments 2006 $ 5,907.26 2005 $ 5,878.31 2004 $ 6,131.90 2003 $ 7,181.64 2002 $ 8,435.83 2001 $ 5,636.96 2000 $ 5,276.93 Total $44,448.83 LONG HAUL TRUCKING On December 14, 1998, the City of Otsego signed an agreement with Long Haul Trucking, Inc. to provide financial assistance as part of the development of the Otsego Industrial Park. That assistance would be the lesser of $6,500 a year or the total of the City portion of property taxes paid by Long Haul Trucking, Inc., and would run for seven years. After seven years the agreement was complete and the City had paid Long Haul Trucking $20,824.53. 38 FUTURE IMPROVEMENTS This list of improvements contemplated in the near future (5 years +) is listed below. 70TH STREET BETWEEN MACIVER AVENUE AND CSAH 19. (Phase I) This project requires the cooperation of the City of Albertville and will be done under an agreement with Albertville. It would consist of a two lane rural section road with gravel shoulders and ditches. 62 STREET AND QUALE AVENUE This would involve paving the existing gravel road which is needs constant repair because stormwater washes gravel away due to the steepness of the road. This would be paid for by assessments and tax levies. 70 STREET EAST OF MACIVER AVENUE This would be an extension from the new road currently being built on 70 Street 1/ mile east of Maclver Avenue. 70 would extended A mile further east. Estimated cost is $225,000. QUANTRELLE AVENUE ADJACENT TO HIGHWAY 101 MARKET This would consist of the upgrading of Quantrelle Avenue and the extension of sewer & water, and storm sewer to serve the lots south of Highway 101 Market. This would be less expensive if done in 2008 as part of MNDOT's Highway 101 improvement. Estimated Cost is $700,000. Cost would be 100% Assessed except for the Trunk Water line, which would be paid from Water Funds. 75 STREET EXTENSION FROM CRIMSON PONDS WEST TO ODEAN AVENUE This would involve extending the current road from the Crimson Ponds West subdivision to Odean Avenue. RANDOLPH AVENUE This would be a new major north -south collector road that would run from County Road 36 north to 65 Street in SE Otsego. The first quarter mile of this road north of CSAH 36 was constructed by Orrin Thompson in 2006. 70TH STREET BETWEEN MACIVER AVENUE AND CSAH 19. (Phase II) This project requires the cooperation of the City of Albertville and will be done under an agreement with Albertville. It would 39 consist of widening a two lane rural section road into a four lane divided road with curb and gutter. COUNTY ROAD 36 GRADE RAISE Raise the road to extend sewer and water. Estimated Cost: $235,000 Funding Source: Unknown. QUEENS AVENUE REALIGNMENT (COUNTY ROAD 36 NORTH) Upgrade road to urban section with sewer and water. MNDOT will only construct rural section. (Also known as the City Engineer's Pipe Dream.) Estimated Cost: $120,500 Funding Source: Unknown. QUEENS AVENUE SOUTH RECONSTRUCTION Reconstruct Queens Avenue from CSAH 36 north to the City water tower with curb & gutter, sewer, water, and storm sewer. (Known as the City Engineer's Big Pipe Dream). Estimated Cost: $605,000 Funding Source: Unknown. 75 STREET IMPROVEMENT Construct road from Quaday Avenue east to Highway 101 Frontage Road with street, sewer & water, and storm sewer. Estimated Cost: $210,000 Funding Source: Capital Improvement Funds for north side, deferred assessments for south side. 72ND STREET IMPROVEMENT Construct road from Quaday Avenue east to Highway 101 Frontage Road with street, sewer & water, and storm sewer. Estimated Cost: $130,000 Funding Source: 100% assessed, done only at development or request of VFW. RECONSTRUCTION OF KADLER AVENUE This would involve reconstructing Kadler Avenue to meet City arterial road standards. 40 RESERVE FUNDS (As of DECEMBER 31, 2006) Reserve funds are necessary for financial management for several reasons. Some reserves are for specific projects that are contemplated in the future, some are for assistance with improvement projects that cannot be 100% percent assessed, some are for cash flow purposes, and some are for emergencies. Cash Flow /Budget Reserve The City receives its property tax revenues in July and December. It receives any State aid payments in July and December. Because of this, the City needs to have funds on hand to pay for the first six months of its operations. The City's auditors have recommended that Otsego have a reserve of at least 40 -45% of its general yearly budget. The State Auditor has recommended that a budget reserve of 35 -50% is proper. Year Cash Flow Reserve % of Budget 2000 $ 644,561 41.2% 2001 $ 710,411 45.0% 2002 $ 791,000 46.2% 2003 $ 945,979 53.8% 2004 $1,004,940 44.6% 2005 $1,027,382 38.3% 2006 $1,001,198 31.3% Water & Sewer Debt Service Fund (East Otsego) The Water & Sewer Debt Service fund contains the Water Access Charges (WAC) and Sewer Access Charges (SAC) paid by the developers and builders of new homes and commercial buildings in the sewer district, as well as the SAC /WAC fees paid by existing homes and buildings that hooked up to City sewer and water. These funds are used to make the payments on the money that the City borrowed to construct the sewer and water system. This fund currently has a balance of $360,380, which is a decrease of $393,225 from 2005. Bond payments remaining that will be paid from this fund total $9,920,000. 41 Water & Sewer Debt Service Fund (West Otsego) The Water & Sewer Debt Service fund contains the Water Access Charges (WAC) and Sewer Access Charges (SAC) paid by the developers and builders of new homes and commercial buildings in the sewer district, as well as the SAC /WAC fees paid by existing homes and buildings that hooked up to City sewer and water. These funds are used to make the payments on the money that the City borrowed to construct the sewer and water system. This fund currently has a balance of $7,393,857. This is an increase of $1,540,303 over 2005. Bond payments remaining that will be paid from this fund total $10,145,000. Park Development Fund This fund consists of the Park & Trail fees paid by developers when they plat their land. These fees are used for the purchase of park land, construction of parks, purchasing park equipment, and construction of trails. This fund currently has a balance of $1,285,399 which is a decrease of $1,503,044 from 2005 due to the construction of three new parks. Park Tree Fund This fund consists of donations and grants for the purchase of trees for City parks, trails, and boulevards. This fund currently has a balance of $3,201, up $127 from 2005. Building Inspection Fund This fund tracks the revenues received from building permits and septic permits on a yearly basis along with the expenditures for the Building Inspection contract. At the end of each year, all surpluses are transferred to other City funds, typically the Revolving Capital Improvement Fund or General Fund, and this fund starts the year with a zero balance. $82,000 has already been transferred to the General Fund budget. $187,758 was transferred to the Revolving Capitol Improvement Fund from this fund. Revolving Capital Equipment Fund This fund consists of funds transferred to it from other funds, typically surplus revenues from prior budget years, as well as a designated transfer from the General Fund that's part of the regular budget. This fund is set up to purchase new City equipment either outright or provide a source of yearly payments, so that the purchase of a major piece of equipment 42 does not strain the budget in any one year. The balance in the fund is $351,351, an increase of $60,421 from 2005. Revolving Capital Improvement Fund This fund consists of; cash left over when improvement bonds are closed out, delinquent assessments still coming in on closed bonds, assessments on City financed (non- bonded) improvements, budget surpluses from previous years, and transfers of surplus building permit revenues. This fund is intended to be used to finance smaller City improvements that are not bonded and to finance the portion of City improvements that are not supported by other fund sources such as assessments, MSA funds, and State or Federal grants. The current balance in the fund is $1,143,413 which is a decrease of $416,147 from 2005. The transfers to this fund in 2006 were $35,653 from the 1996 Road Fund, $6,839 in delinquent assessments from closed funds, $187,758 from the Building Fund, and $62,605 in interest earned. The expenditures from this fund in 2006 were $54,293 for I- 94/CSAH 37 study, $637,677 for the I -94 West Sewer & Water Improvement, $15,580 to fund the Mueller's septic installation and $1,452 for preliminary legal and engineering costs for projects. (Proposed uses of the Capital Improvement Fund in 2007 are $230,000 for Grenins Mississippi Hills sewer; $50,000 for curb work at CSAH 39 & CSAH 42; $230,000 for Friendship Addition Improvements; and $500,000 for Waterfront East Improvements.) Fire District Funds The Fire Funds consist of the funds assessed each property in the City for fire protection. 2000 was the first year these funds were broken into sub - districts for each fire department the City contracts with. Elk River Fire District - There is a balance of $105,504 in this district, a decrease of $318,443 from 2005. The decrease was due to the purchase of land on 85 Street for a future Fire Station. The City was billed $82,665 in 2006 from Elk River for fire protection. Council is currently looking at accumulating funds for construction of a fire station in this district. 43 Albertville Fire District - There is a balance in this district of $117,821, an increase of $86,598 from 2005. The City was billed $31,661 in 2006 from Albertville for fire protection. The balance in this district is growing due to new development. Council is currently looking at accumulating funds for construction of a fire station in this district. Rogers Fire District - There is a balance in this district of $19,899, which is an increase of $3,459 from 2005. The City was billed $8,468 in 2006 from Rogers for fire protection. Monticello Fire District - There is a balance in this district of $13,538, which is an increase of $8,623 from 2005. The City was billed $18,855 in 2006 from Monticello for fire protection. Watershed Funds The Watershed Funds consist of storm sewer work done by watershed. This work is funded by the storm sewer fees paid by developers and assessments to property owners benefited by storm sewer improvements. The watershed districts are established by the City. North Mississippi Watershed Fund - There is a deficit in this fund of - $58,163. This is an improvement of $92,851 from 2005. There is a deficit because most of the trunk storm sewer facilities in this district have been completed in advance of development. As this area develops further, particularly Waterfront North, Waterfront East and the Great River Centre (Super Target) developments, the fees received from development should bring this fund into balance. Lefebvre Creek Watershed Fund - The balance in this fund is $82,382, which is an increase of $58,945 from 2005. The majority of new residential development in east Otsego is occurring in this district. While fees are still being received in this watershed, the City continues to work to improve the capacity of Lefebvre Creek. A regional pond was constructed as part of the 2005 Quaday Avenue Improvement. 44 South Mississippi Watershed Fund - There is no balance in this fund, which was established in 2003. This watershed district mainly covers the area east of Highway 101 and north of 65 Street which will be developed as part of the Duke Gateway Industrial Park. Crow River Watershed Fund - There is no balance in this fund, which has not yet been established. This watershed district mainly covers the area east of Highway 101 and south of 65 Street. Otsego Creek Watershed Fund - The balance in this fund is $1,524,270. This is a decrease of $22,430 over 2005. The Otsego Creek improvement of 2007 will reduce this balance considerably. Storm sewer fees paid by new development will fund and reimburse this account. Halls Pond Watershed Fund - There is a deficit in this fund of - $86,407 which is unchanged since 2003. This represents the amount of storm sewer work done on the Odean Avenue Improvement (1999 -2000) beyond what was necessary to capture storm water generated by Odean Avenue. It is principally the cost of establishing the Wilson -Berge storm water pond on 85 Street and Odean. It also represents minor improvements made to the Heritage Hills pond in 2003. Municipal Building Construction Fund This fund consists of money left over after the construction of City Hall. The money was saved from the construction bid price because Councilmembers, staff, and volunteers did a lot of the work to save money. This money is reserved for the construction of an addition to, or major remodeling of, City Hall. The balance in this fund is $184,449, an increase from $179,832 in 2004. Remodeling in 2006 was funded from the Building Safety Department funds. Community Center Fund This fund was established by Council action on March 8, 2004 for the future construction of a community center. It consists of funds paid as part of the park & trail fees by developers of new housing units. It also consists of funds obtained from donations, grants, and other sources for the purpose of constructing a community center. The balance in this fund is 45 $899,563 as of December, 2006, an increase of $82,052 from 2005. City Campus Fund A City Campus Fund has been established to account for the money set aside for the purchase of land and the construction of facilities on the City Campus. The Fund currently has a deficit of $1,547,560.85. This is a reduction of $3,350,785 from the 2005 balance. This fund was the initial source of funds for the construction of the new Public Works building before the 2006 Bond funds were received. 46 ITEM 6_3 CITY OF OTSEGO Public Works M emo To: City Council From: Brad Date: 6/20/07 Re: Public works generator As directed by the City Council, l solicited another proposal to prepare specifications for a back up generator at the Public Works building. I also required a lump sum bid rather than a not to exceed. I have attached the two proposals for you to review and recommend we contract with Keading and Associates, Inc. to prepare the documents. • Page 1 JUN -18 -2007 10:50 PAULSON & CLARK ENG 651 407 6476 P. 01/04 Paulson & Clark Engineering, Inc. 2352 East County Road J. White Bear Lake, Minnesota. 55110 Phone 651/407 -6056 Fax 651/407 -6476 Email dpaulsonapaulsonclark.com May 30, 2007 Mr. Brad Belair Fax: 763 -441 -8823 Public Works Supervisor Pages: 4 City of Otsego 8899 N.E. Nashua Avenue Otsego, Minnesota 55330 RE: Proposal for Engineering Services Generator Addition • Dear Brad, Paulson & Clark Engineering, Inc. is pleased to submit the following proposal for electrical engineering services for your consideration on the above referenced project. This proposal is based on our Project Understanding and Basic Services, as identified below. PROJECT UNDERSTANDING: • Provide plans and specifications to add a generator to the existing facility. Unit shall be mounted adjacent to the existing building and include connections to the existing switchgear. • Project will consist of two packages: First package will be for the purchase of the generator by the Owner through state contract. Second package will consist of installation requirements for bidding by invited electrical contractors. 1 JUN -18 -2007 10:50 PAULSON & CLARK ENG 651 407 6476 P.02/04 BASIC SERVICES ELECTRICAL ENGINEERING Contract Document and Construction Phases 1. Attend design meetings, as agreed (one design meeting is included under this phase). 2. Provide coordination and documentation to building code officials upon request. 3. Prepare bidding documents (drawings and specifications) for: A. New generator and enclosure B. Connections to existing power distribution system 4. Review shop drawing submittals. 5. Prepare final inspection (punch list) report and submit to Owner and Contractor. COMPENSATION Our fee's for Basic Services will be a billed on a lump sum basis with an amount of $5,500 and will be invoiced per project schedule on a monthly basis. After 45 days, any unpaid balances on invoices submitted shall be accessed an interest rate of 1.5% per month (18% APR) to cover additional handling charges. ADDITIONAL SERVICES Where requested in writing by client Paulson & Clark Engineering, Inc. will furnish or obtain from others Additional Services, services not included under basic services. Additional services would include, but not limited to: Electrical Engineering 1. Lightning Protection system. 2. Life cycle cost analysis. 3. Commissioning of new system. 4. Increase in scope of project. 5. Redesign due to cost overruns. 6. Value engineering. 7. Additional site visits. 8. Attendance at preconstruction or weekly construction meetings. 2 JUN -18 -2007 10:51 PAULSON & CLARK ENG 651 407 6476 P.03/04 COMPENSATION FOR ADDITIONAL SERVICES 1. Paulson & Clark Engineering, Inc. staff at standard hourly rates as listed below: STANDARD HOURLY RATE SCHEDULE (Effective through December of 2007) Principal in Charge $125.00 Sr. Engineer $110.00 Senior Designer S 80.00 Engineer $ 75.00 REIMBURSABLE EXPENSES Reimbursable expenses are not included under fees for basic services. Reimbursable expenses include, but are not limited to: 1. Reproduction costs. 2. Special delivery, postage, etc. 3. Mileage to and from meetings, site, etc. 4. If out of town travel is required; hotel, airfare, meals, etc. COMPENSATION FOR REIMBURSABLE EXPENSES REIMBURSABLE SCHEDULE (Effective through December of 2007) Mileage $0.485 /mile Vellum Sheets $1.25 /sq. ft. Reproducible Bond Sheets $0.70 /sq. ft. Photo Copies $0.05 /sheet Reimbursable expense other those listed above (i.e. deliveries, travel expenses, outsourced reproduction services) will be billed at cost plus 15 %. 3 JUN -18 -2007 10:51 PAULSON & CLARK ENG 651 407 6476 P.04/04 MISCELLANEOUS 1. The following shall be submitted to Paulson & Clark Engineering, Inc.: A. Name of individual responsible for project coordination. B. A copy of the project construction budget. C. Updated project schedule. 2. Paulson & Clark Engineering, Inc. and associated consultants shall not be responsible for the means, methods, procedures or sequences of construction, safety on the job or have direct control of the contractor during this project. DISPUTE RESOLUTION AND RISK ALLOCATION All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of the Agreement, including but not limited to breach thereof, shall be referred for mediation under the then current construction industry mediation rules of the American Arbitration Association prior to any recourse to arbitration or litigation. If you would like to discuss this further please feel free to contact us at your earliest convenience. This proposal will remain open for acceptance for a period of thirty days. If this proposal is acceptable, please sign below and fax a copy back to our office so that we may proceed with the work. This proposal will serve as a letter agreement with the terms of the agreement will be as per the provisions outlined in AIA C141 -1997. If there are any items of conflict between this agreement and the AIA C141 -1997, this agreement shall supercede. Engineering Firm: Client: c,dIbJ •8 ii 5/30/2007 Signature Date Signature Date Daniel S. Paulson - Principal Paulson & Clark Engineering, Inc. City of Otsego X:Two-pond \xProposals Otsetco-Brod Bebir doc 4 Kaeding and Associates, Inc. 7300 France Avenue South Suite 330 Minneapolis, Minnesota 55435 Phone: (952) 831 -0317 E -Mail: infoGkaeding.com Fax: (952) 831 -2179 June 15, 2007 City of Otsego Attn: Mr. Brad Belair 8899 Nashua Avenue NE Otsego, Minnesota 55330 Re: Public Works Building Standby Generator Set Dear Mr. Belair: This letter outlines our proposed scope of services and related fees for electrical engineering services for the proposed standby generator set for the City of Otsego Public Works Building. Protect Description The City plans on installing a standby generator set at the Public Works Building. The building was recently built, and provisions for a generator were included in the construction; an automatic transfer switch, conduit and a slab for the generator are already in place. As a result, installation of the generator should be straightforward, only requiring setting the generator on the slab and making connections to the transfer switch. A diesel generator will be specified. It will be housed in a weatherproof, sound - attenuating enclosure. The kW output of the generator will be determined based on a review of the building as well as the electrical drawings, recent electrical bills, and any expected future additional loads. In addition, Wright - Hennepin Cooperative Electric Association has a program whereby they offer reduced electrical rates if the generator is used to provide power to the building during high demand periods, so a review of the proposed cost saving by entering this program will be performed. More information on the Wright - Hennepin program is available on their website, at http: / /www.whe.org/commercial /i nfo_Stan dby_Generation. asp Proposed Scone of Services Kaeding and Associates, Inc. proposes to provide the following services: 1. We will make one visit to the Public Works Building to meet with City personnel and to inspect the existing electrical system. It is assumed the City will provide copies of the electrical drawings for the building for our use. City of Otsego Attn: Mr. Brad Belair June 15, 2007 Page 2 2. We will prepare plans and specifications for the new generator, for the City's use. It is assumed the electrical plans will be fairly minimal, consisting of schematics and wiring diagrams that can be easily attached to the specifications. It is further assumed that the City will be responsible for procuring the generator, either by soliciting bids or by purchasing the generator through a state program. 3. We will prepare a construction cost estimate for purchasing and installing the generator set. 4. Services during the construction administration phase of the project will mainly include shop drawing review, and a final inspection of the generator equipment after it is installed. Other tasks may include preparation of memorandums, correspondence with the contractor, preparation of change orders if required, etc. Kaeding and Associates, Inc. proposes to provide the described electrical engineering services for the following hourly- not -to- exceed amounts: Electrical design $2,000 Electrical construction administration $1,050 Spreadsheets showing the estimated design and construction administration hours are enclosed. Services are billed monthly. Thank you for the opportunity to present this proposal. If you have any question, comments or revisions, please call. Sincerely, Stuart Stephens Kaeding and Associates, Inc. Otsego, Minnesota Public Works Building Standby Generator City of Otsego / Mr. Brad Belair Design fees June 15, 2007 ELECTRICAL ENGINEERING (ICAEDING) TASK Engineer Designer Drafting Secretarial Site visit, meet with City personnel, inspect existing conditions 4 (Includes travel time to/from she) Review electrical plans provided by City, size generator 3 Write specifications 2 Prepare wiring diagrams 2 3 Prepare cost estimate 1 Other tasks - memos, telephone calls, etc. 2 • SUBTOTAL HOURS 14 0 3 0 RATE $123 $79 572 $58 SUBTOTAL $1,938 OUTSIDE COSTS 562 OUTSIDE COSTS' $0 TOTAL $2,000 Otsego, Minnesota Public Works Building Standby Generator City of Otsego / Mr. Brad Belair Construction Administration fees June 15, 2007 ELECTRICAL ENGINEERING (KAEDING) TASK Engineer Designer Drafting Secretarial Review shop drawings 2 Final inspection (includes travel time to/from site) 3 Other tasks - memos, correspondence w /contractor, change orders, etc. 3 • SUBTOTAL HOURS 8 0 0 0 RATE 5123 579 572 558 SUBTOTAL 5984 OUTSIDE COSTS $66 OUTSIDE COSTS 50 TOTAL 54050 ITEM 8 - NA: 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: 18 June 2007 RE: Otsego — Lorbiecke; Subdivision Ordinance Variance NAC FILE: 176.02 — 07.11 The Planning Commission held a public hearing on 18 June 2007 to consider the request of Timothy and Wendy Lorbiecke for variance to allow construction of a single family home on a lot having access only to a half street. Mr. Lorbiedce was present at the public hearing. One resident also of 62 Street spoke at the public hearing. He asked if their own property taxes would increase because of the variance. City staff explained that the variance was to allow construction of a home on the Lorbiecke property and it approved, the variance would not affect area property taxes. The Planning Commission asked if the existing detached accessory building would comply with setback requirements. City staff responded that the building does meet setback requirements. There was no additional discussion. The Planning Commission then closed the public hearing and voted 5-0 to recommend approval of the application. The City Council will consider the application and the findings of fact attached consistent with the recommendations of the Planning Commission at their meeting on 25 June 2007 at 6:30 PM. POSSIBLE ACTIONS A. Motion to approve a variance from Section 21 -7 -7.J of the Subdivision Ordinance for 14166 62 Street allowing construction of a single family home, subject to the following conditions: 1. Construction of a new single family home shall require issuance of a building permit approved by the Building Official. 2. Construction of a new single family home and any site alterations shall be subject to the requirements of the Zoning Ordinance. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and the specific criteria for variance established by the Subdivision Ordinance. C. Motion to table. c. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Tim Roche!, Building Official Andy MacArthur, City Attorney Ron Wagner, City Engineer Timothy and Wendy Lorbiecke, applicant 2 CITY OF 06 -18 -07 OTSEGO FINDINGS & DECISION SUBDIVISION ORDINANCE WRIGHT COUNTY, MINNESOTA VARIANCE APPLICANT: Timothy and Wendy Lorbiecke. APPLICATION: Request for approval of variance from Section 21 -7 -7.J of the Subdivision Ordinance to allow construction of a new single family dwelling replacing an existing manufactured home on a lot accessed by a half street. CITY COUNCIL MEETING: 25 June 2007 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The subject property is PID 118 - 500 - 333204. B. The subject site is guided by the Comprehensive Plan for future Medium to High Density Residential land uses within the Urban Service Reserve Area E2. C. The subject site is zoned A -1, Agriculture Rural Service District. D. Consideration of the application is to be based upon (but not limited to) the criteria set forth by Section 21 -10-4 of the Subdivision Ordinance: 1. That there are special circumstances or highly unique conditions affecting the property such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of his land. 2. That the granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which property is situated. 3. That the granting of the variance will not increase the flood hazard or flood damage potential. 4. That the use proposed by the applicant would not result in a stage increase violating the requirements of Minnesota Statutes, Chapters 104 and 105, as such chapters may be amended or replaced from time to time, and any applicable requirements imposed by the Federal Emergency Management Agency. 5. That the variance is to correct inequities resulting from an extreme physical hardship such as topography. 6. Hardships relating to economic difficulties shall not be considered for the purpose of granting a variance. 7. That the hardship is not a result of an action or actions by the owner, applicant or any agent thereof 1 E. The Planning Report dated 13 June 2007 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Otsego Planning Commission conducted a public hearing at their regular meeting on 18 June 2007 to consider the application, preceded by published and mailed notice; upon review of the application, and other evidence, the public hearing was closed and the Planning Commission recommended by a 5-0 vote that the City Council approve the request based on the findings outlined below: FINDING: The acceptance of 62n Street as a public half street is a unique situation in that the lots accessing the roadway were fully developed at the time the street was dedicated to the City. As such, strict application of Section 21 -7 -7.J of the Subdivision Ordinance would deprive the applicant reasonable use of the property that existed at the time 62nd Street was dedicated and rights allowed other properties in the same circumstance. FINDING: The granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the area in which property is situated as the number of homes utilizing the existing half street and traffic generated within the area is not increased. FINDING: The applicant is seeking approval of the variance to allow improvements to the property that will upgrade the character of the neighborhood consistent with the policies of the Comprehensive Plan. FINDING: The status of 62"d Street as a half street is a situation beyond the control of the applicant and the need for variance is not related to the property owners' actions. DECISION: Based on the foregoing information and applicable ordinances, the application is hereby APPROVED, subject to the following conditions: 1. Construction of a new single family home shall require issuance of a building permit approved by the Building Official. 2. Construction of a new single family home and any site alterations shall be subject to the requirements of the Zoning Ordinance. MOTION BY: SECOND BY: 2 ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 25th day of June, 2007. CITY OF OTSEGO By: Larry Foumier, Mayor Attest: Judy Hudson, Zoning Administrator /City Clerk 3 v. ITEM 8_2 • Xc 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: 19 June 2007 RE: Otsego — EMF Antenna Co- Location CUP NAC FILE: 176.02 — 07.13 The Planning Commission held a public hearing on 18 June 2007 to consider the request of American Tower to locate three antennas on an existing tower structure. The applicant did not attend the public hearing as to do so would have involved travel from North Carolina or Califomia. City staff had approved the applicant not attending the meeting on the basis that the application did not appear to present any significant issues the applicant would need to address. There were no public comments. One question raised by the Planning Commission was to ask what type of antennas are proposed to be installed on the existing tower. City staff has checked with the applicant who stated that the antennas broadcast radio station content. There was no additional discussion. The Planning Commission closed the public hearing and voted 5 -0 to recommend approval of the application. The City Council will consider the application at their meeting on 25 June 2007 at 6:30 PM. POSSIBLE ACTIONS A. Motion to approve a CUP allowing three new antennas upon the current antenna at 6155 Kadler Ave NE. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and Zoning Ordinance. C. Motion to table. c. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer Dwayne Lyerly, American Tower Corp. CITY OF 06 -18 -07 OTSEGO FINDINGS & DECISION CUP APPROVAL WRIGHT COUNTY, MINNESOTA APPLICANT: American Tower, Inc / EMF. APPLICATION: Request for approval of a conditional use permit (CUP) to allow co-location of three additional antennas upon an existing tower. CITY COUNCIL MEETING: 25 June 2007 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The subject property is B. The subject site is guided by the Comprehensive Plan for future Low Density Residential land uses within the West Sanitary Sewer Service District. C. The subject site is zoned A -1, Agriculture Rural Service District; Antennas not located upon a public structure are allowed as a conditional use. D. Consideration of the application is to be based upon (but not limited to) the criteria set forth by Section 20 -4-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The existing antenna was approved in accordance with comprehensive Plan and the proposed co- located antenna will not change the site from its future configuration. 2. The proposed use's compatibility with present and future land uses of the area. Comment: The proposed antennas will be co-located on the existing antenna and shall not change the continued use of the site. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: The location of the proposed antennas shall conform to all applicable Zoning Ordinance and Engineering Manual performance standards. 4. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The proposed antennas are not anticipated to generate any additional traffic in the surrounding areas. 5. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Comment: The proposed use is not anticipated to have a negative impact to the City's service capacity. 1 E. The Planning Report dated 13 June 2007 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Otsego Planning Commission conducted a public hearing at their regular meeting on 18 June 2007 to consider the application, preceded by published and mailed notice; upon review of the application, and other evidence, the public hearing was closed and the Planning Commission recommended by a 5-0 vote that the City Council approve the request based on the findings outlined above. DECISION: Based on the foregoing information and applicable ordinances, the application is hereby APPROVED. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 25"' day of June, 2007. CITY OF OTSEGO By: Larry Foumier, Mayor Attest: Judy Hudson, Zoning Administrator /City Clerk 2 ITEM S - NAC ::: NORTHWEST ASSOCIATED CONSULTANTS, INC. AP 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 - g-Kt Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 18 June 2007 RE: Otsego — Zoning Ordinance; Adult Uses NAC FILE: 176.08 - At the direction of the City Council, the Planning Commission has reviewed the City's existing adult use regulations based on analysis prepared by City staff and discussions at their meeting on 4 June 2007. Following this initial discussion of regulatory concepts, review of studies regarding potential secondary effects and analysis of opportunity areas, a public hearing was set for 18 June 2007 to consider proposed amendments to the Zoning Ordinance and City Code. The Planning Commission had been provided copies of studies regarding potential negative effects caused or not caused by adult use businesses at their meetings on 4 June 2007 and 18 June 2007. In review of this information, the Planning Commission recommends the City Council adopt a proposed resolution stating that adult uses do have the potential to cause negative secondary effects and that the City should take appropriate regulatory steps to mitigate or lessen these potential secondary effects. The amendment to the Zoning Ordinance drafted by City staff would increase the required separation distance between an adult use and defined sensitive uses or other adult uses from 600 feet to 1,650 feet. The proposed separation distance still maintains an opportunity area of almost seven percent of the existing commercially zoned property in the City. City staff considers this amount of area available for an adult use business to locate a reasonable opportunity within the context of the City's overall area and limited existing commercial development. A question asked by the Planning Commission concerned availability of sites within the illustrated opportunity areas. City staff responded that the City must only provide for opportunities within the elements it can control such as zoning. Decisions of private property owners or market conditions effecting vacancy of sites within the illustrated opportunity area do not concern the City. Finally, City staff drafted a proposed City Code section requiring adult use businesses to be licensed by the City. The purpose of these provisions is to provide for the orderly, safe and legal operation of adult businesses within the City of Otsego. The Planning Commission also recommended adoption of these provisions. There were no public comments. The Planning Commission closed the public hearing and voted 5 -0 to recommend approval of the draft resolution and two ordinances. The City Council will consider the application at their meeting on 25 June 2007 at 6:30 PM. POSSIBLE ACTIONS A. Motion to approve: 1. Resolution 2007- establishing that zoning and licensing regulations of adult uses are necessary to minimize potential secondary adverse effects of such businesses on the City of Otsego. 2. Ordinance 2007- amending Section 31 of the Zoning Ordinance relating to the separation distance between principal adult use businesses and uses found to be sensitive to such adult uses within the City of Otsego. 3. Ordinance 2007- relating to the licensing and regulation of adult use businesses within the City of Otsego. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan. C. Motion to table. c. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer 2 RESOLUTION NO. 2007 - 39 RESOLUTION ESTABLISHING FINDINGS OF FACT THAT ZONING AND LICENSING REGULATIONS OF SEXUALLY ORIENTED BUSINESSES ARE NECESSARY TO MINIMIZE THE POTENTIAL SECONDARY ADVERSE EFFECTS OF SUCH BUSINESSES ON THE CITY OF OTSEGO. THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY RESOLVES THAT: LEGAL BACKGROUND WHEREAS, the Otsego City Council has been provided with background information on sexually oriented businesses which, in summary fashion, is as follows: 1. The United States Supreme Court in its decisions of Young v. American Mini Theaters. 96 S.Ct. 2440 (1976), and City of Renton v. Playtime Theaters. 106 S.Ct. 925 (1986) has held that sexually oriented businesses engaged in the offering of adult fare characterized by an emphasis on matter depicting specified sexual activities or anatomical areas may not be completely prohibited from doing business within cities by municipal ordinances. 2. The Supreme Court has further held that municipalities may regulate sexually oriented businesses with lawfully enacted content - neutral time, place and manner zoning and licensing ordinances if said regulations are not merely a pretext for completely prohibiting within a City sexually oriented businesses based on the content of the material being offered. 3. The Supreme Court has concluded that lawful content - neutral time, place and manner regulations may have as their focus the minimization of the adverse secondary effects on a community generated by the location and operation of a sexually oriented business within a community. Adverse secondary effects are defined as: a. Increased incidence of crime. b. Diminution of property values within the community and especially the values of those properties adjacent to or in close proximity to the sexually oriented business, and c. Increased risk for the spread of sexually transmitted diseases. FINDINGS OF FACT WHEREAS, based on the legal background referenced herein, the Otsego City Council hereby makes the following Findings of Fact in connection with the regulation of sexually oriented businesses within the City: 1. That the City Council has reviewed and considered all the material and unswom testimony presented before it in connection with the regulation of sexually oriented businesses within the City. 2. The City Council has reviewed and studied the "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses ", dated June 6, 1989 referred to hereafter as the "Report". 3. The Report considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses. 4. The Attorney General's Report, based upon the above referenced studies and the testimony presented to it has concluded "that sexually oriented businesses are associated with high crime rates and depression of property values ". In addition, the Attorney General's Work Group "...heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually oriented businesses adjacent to residential property". 5. The Report concludes that sexually oriented businesses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses. 6. The Report concludes that residential neighborhoods located within close proximity to adult theaters, book stores, and other sexually oriented businesses experience increased crime rates (sex - related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership. 7. The Report concludes the adverse impacts which sexually oriented businesses have on surrounding areas diminished as the distance from the sexually oriented businesses increases. 8. The Report concludes that studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of sexually oriented businesses are rapes, prostitution, child molestation, indecent exposure, and other lewd and lascivious behavior. 2 9. The Report concludes that the Phoenix, Arizona study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually oriented businesses. 10. The Report concludes that many members of the public perceive areas within which sexually oriented businesses are located as Tess safe than other areas which do not have such uses. 11. The Report concludes that studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to sexually oriented businesses. 12. The Report concludes that the Indianapolis, Indiana study established that professional real estate appraisers believe that an adult book store would have negative effect on the value of both residential and commercial properties within a one to three block area of the store. 13. The City Council finds the suburban characteristics of Otsego are similar to those of the cities cited by the Reports when considering the effects of sexually oriented businesses and that the findings concerning the effects of sexually oriented businesses in other cities documented in the Reports are relevant to Otsego's circumstances. 14. The City Council finds, based upon the Report and the studies citied herein, that sexually oriented businesses will have adverse secondary effects upon certain pre - existing land uses within the City of Otsego and that in reliance on the data and conclusions made by the studies documented in the Report, it is not necessary for Otsego to conduct its own independent study concerning the effects of sexually oriented businesses locating within the City. 15. Pursuant to the United States Supreme Court case of City of Renton v. Playtime Theaters, Inc.. 106S.Ct. 925 (1988), and others, it is clear that a permanent total prohibition against sexually oriented businesses would be unconstitutional. 16. The City of Otsego is a predominantly agricultural/residential community with a relatively small proportion of its area devoted to commercial and industrial uses. 17. The City Council finds that the location of sexually oriented businesses within the City of Otsego will have a detrimental effect on the City by unnecessarily lowering property values within the City if said establishments were located in inappropriate areas. 3 19. The City Council finds there will be increased crime within the City from inadequate regulations of sexually oriented businesses locating and operating within the City. 20. The City Council finds that content- neutral time, place and manner restrictions that regulate the zoning and licensing of sexually oriented businesses are necessary in the City of Otsego to minimize the adverse secondary effects which will accompany the location and operation of said businesses within the City but that said regulations be drafted in such a manner as to allow for reasonable opportunity to open and operate sexually oriented businesses within the City while minimizing the secondary adverse effects. NOW THEREFORE, BE IT RESOLVED that content- neutral time, place and manner restrictions that regulate the zoning and licensing of sexually oriented businesses are necessary in the City of Otsego to minimize the adverse secondary effects which will accompany the location and operation of said businesses within the City but that said regulations be drafted in such a manner as to allow for reasonable opportunity to open and operate sexually oriented businesses within the City while minimizing the secondary adverse effects. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: 4 ADOPTED by the Otsego City Council this 25 day of June, 2007. CITY OF OTSEGO BY: Larry Foumier, Mayor ATTEST: Judy Hudson, Zoning Administrator /City Clerk 5 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2007 — 05 AN ORDINANCE AMENDING SECTION 31 OF THE OTSEGO ZONING ORDINANCE RELATING TO THE SEPARATION DISTANCE BETWEEN PRINCIPAL ADULT USE BUSINESSES AND USES FOUND TO BE SENSITIVE TO SUCH ADULT USES WITHIN THE CITY OF OTSEGO THE CITY COUNCIL OF OTSEGO ORDAINS: Section 1. Section 20 -31 -2, ADULT USE - GENERAL of the Otsego Zoning Ordinance shall be amended to read as follows: E. Minnesota State Statute Section 617.242 shall not coo ly. Section 2. Section 20 -31 -3, ADULT USES - PRINCIPAL of the Otsego Zoning Ordinance shall be amended to read as follows: A. Adult use - principal shall be located at least a drod4600) tho usand s ix hundred and fifty (1.650) radial feet, as measured in a straight line from the closest point of the property line of the building upon which the adult use - principal is located to the property line of: 1. Residentially zoned property 2. A licensed day care center 3. A public or private educational facility classified as an elementary, junior high or senior high 4. A public library 5. A public park 6. Another adult use - principal 7. An on -sale liquor establishment B. An adult use - principal shall be located at least aix hundlred(600) one thousand six hundred and fifty (1.6501 feet as measured from one another. Section 3. This ordinance amendment shall be effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED this 25 day of June, 2007 by the City Council of the City of Otsego, Minnesota. CITY OF OTSEGO BY: Larry Foumier, Mayor ATTEST: Judy Hudson, City Clerk/Zoning Administrator CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 2007 — 06 AN ORDINANCE RELATING TO THE LICENSING AND REGULATION OF ADULT USE BUSINESSES WITHIN THE CITY OF OTSEGO THE CITY COUNCIL OF OTSEGO ORDAINS: Section 1. Chapter 7, Section 12 of the Otsego City Code shall be added to read as follows: SECTION 12 ADULT USE BUSINESSES Section 7 -12 -1 Purpose and Intent 7 -12 -2 Definitions 7 -12 -3 Classification 7 -12 -4 License Required 7 -12 -5 Issuance of License 7 -12 -6 License Fees 7 -12 -7 Inspection 7 -12 -8 Expiration of License 7 -12 -9 Suspension of License 7 -12 -10 Revocation of License 7 -12 -11 Hearing and Appeal 7 -12 -12 Transfer of License 7 -12 -13 Additional Regulations 7 -12 -14 Prohibition against Children in an Adult Use Businesses 7 -12 -15 Exemptions 7 -12 -16 Enforcement 7 -12 -17 Severability 7 -12 -1: PURPOSE AND INTENT: A. It is the purpose of this chapter to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city, to guard against the inception and transmission of disease, and to establish reasonable and uniform regulations. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent of this chapter to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. B. The city council further finds that experience from other cities demonstrates that sexually oriented businesses conducted in private by members of the same or the opposite sex, and employing personnel with no specialized training, are susceptible to operation in a manner contravening, subverting or endangering the health, safety and welfare of members of the community by being the sites of acts of prostitution, illicit sex, and occasions of violent crimes, thus requiring close inspection, licensing, and regulation. C. Minnesota State Statute Section 617.242 shall not apply. 7 -12 -2: DEFINITIONS: The following words, terms, and phrases, when used in this chapter, shall have the following meaning: Adult Arcade: Any place to which the public is permitted or invited wherein coin - operated or slug- operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image - producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas ". Adult Bookstore, Adult Video Store, or Adult Store: A commercial establishment which as a principal business purpose offers for sale or rental for any form of consideration any one or more of the following: A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas "; or B. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities ". Adult Cabaret: A nightclub, bar, restaurant, or similar commercial establishment which regularly features: A. Persons who appear seminude or in a state of nudity; or B. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities "; or C. Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas ". Adult Conversation /Rap Parlor: A conversation /rap parlor which excludes minors by reason of age, or which provides the service of engaging in or listening to conversation, talk, or discussion between an employee of the establishment and a customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". Adult Massage Parlor: A massage parlor which excludes minors by reason of age, or which provides for any form of consideration, the rubbing, stroking, kneading, tapping, or rolling of the body, if the service provided by the massage parlor is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". Adult Motel: A hotel, motel or similar commercial establishment which: A. Offers accommodations to the public for any form of consideration; provides patrons with closed- circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas "; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or B. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours. Adult Motion Picture Theater: A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas ". Adult Sauna: A sauna which excludes minors by reason of age, or which provides for any form of consideration, a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". Adult Theater: A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear seminude or in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities ". City Administrator: The city administrator of the City of Otsego. Distinguished or Characterized by an Emphasis Upon: The dominant or principal theme of the object referenced. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the exhibition or display of specified anatomical areas ", or "specified sexual activities ". Employee, Employ or Employment: Describes and pertains to any person who performs any service on the premises of a sexually oriented business on a full -time, part-time or contract basis, regardless of whether the person is denominated as an employee, independent contractor, agent, or by another status. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises, or for the delivery of goods to the premises. Escort: A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. Escort Agency: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration. Establish or Establishment: Means and includes any of the following: A. The opening or commencement of any sexually oriented business as a new business; B. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; C. The addition of any sexually oriented business to any other existing sexually oriented business; or D. The relocation of any sexually oriented business. Licensee: A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and, in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business. Nude Model Studio: Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nudity, Nude or a State of Nudity: A. The appearance of a human bare anus, male genitals, female genitals, or female breast; or B. A state of dress which fails to opaquely cover a human anus, male genitals, female genitals, or areola of the female breast. Operate or Cause to be Operated: To cause to function or to put or keep in a state of doing business. Operator: Any person on the premises of a sexually oriented business who is authorized to exercise operational control of the business, or who causes to function or who puts or keeps in operation, the business. A person may be found to be operating or causing to be operated a sexually oriented business regardless of whether that person is an owner, part owner, or licensee of the business. Person: An individual, proprietorship, partnership, corporation, association, or other legal entity. Regular Features or Regularly Shown: A consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business. Seminude or in a Seminude Condition: A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices. Sexual Encounter Center: A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration a place where two (2) or more persons may congregate, associate, or consort for the purpose of "specified sexual activities ". The definition of "sexual encounter center" or any sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy. Sexually Oriented Business or Adult Use Business: An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. Specified Anatomical Areas: A. Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or B. Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola. Specified Sexual Activities: Means and includes any of the following: A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; C. Masturbation, actual or simulated; or D. Excretory functions as part of or in connection with any of the activities set forth in subsections A through C of this definition. Substantial Enlargement of a Sexually Oriented Business: The increase in floor area occupied by the business by more than twenty five percent (25 %), as the floor area existed on the effective date hereof. Transfer of Ownership or Control of a Sexually Oriented Business: Means and includes any of the following: A. The sale, lease, or sublease of the business; B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or C. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. 7 -12 -3: CLASSIFICATION: The following are classified as sexually oriented businesses: A. Adult arcades; B. Adult bookstores, adult video stores, adult stores; C. Adult cabarets; D. Adult conversation /rap parlors; E. Adult massage parlors; F. Adult motels; G. Adult motion picture theaters; H. Adult saunas; I. Adult theaters; J. Escort agencies; K. Nude model studios; and L. Sexual encounter centers. 7 -12 -4: LICENSE REQUIRED: A. Prohibition: It is unlawful: 1. For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the city for the particular type of business. 2. For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the city pursuant to this chapter. 3. For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter. B. Application Form: An application for a sexually oriented business license or a sexually oriented business employee license must be made on a form provided by the city clerk. C. Required Information: An application shall be considered complete if it includes the information required in this section. The applicant shall be qualified according to the provisions of this chapter. The application shall be notarized. The application shall include the following information: 1. The applicant's full true name and any other names used in the preceding five (5) years. 2. The current business address. 3. Either a set of fingerprints suitable for conducting necessary background checks pursuant to this chapter, or the applicant's social security number, to be used for the same purpose. 4. If the application is for a sexually oriented business license, the name, business location, legal description, business mailing address and phone number of the proposed sexually oriented business. 5. Written proof of age, in the form of either: a) a copy of a birth certificate and current photo, b) a current driver's license with picture, or c) other picture identification document issued by a governmental agency. 6. The issuing jurisdiction and the effective dates of any license or permit held by the applicant relating to a sexually oriented business, and whether any such license or permit has been denied, revoked, or suspended, and the reason or reasons therefore. 7. If the application is for a sexually oriented business license, the name and address of the statutory agent or other agent authorized to receive service of process. D. The information provided pursuant to subsections C.1 through C.7 of this section shall be supplemented in writing by certified mail, retum receipt requested, to the city clerk within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete. E. Diagram of Premises: The application for a sexually oriented business license must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with market dimensions of the interior of the premises to an accuracy of plus or minus six inches ( ±6 "). Applicants who must comply with section 7 -12 -13 of this chapter shall submit a diagram meeting the requirements of that section. F. Inspections: The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the fire department and building official. G. Execution Of Application: If a person who wishes to operate a sexually oriented business is an individual, the individual must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten percent (10 %) or greater interest in the business, and each officer, director, general partner, or other person who will participate directly in decisions relating to management of the business must sign the application for a license as applicant. Each applicant must be qualified under section 7 -12 -5 of this chapter and each applicant shall be considered a licensee if a license is granted. H. No Exemption: A person who possesses a valid business license is not exempt from the requirement of obtaining any required sexually oriented business license. A person who operates a sexually oriented business and possesses a business license shall comply with the requirements and provisions of this chapter, where applicable. 7 -12 -5: ISSUANCE OF LICENSE: A. Temporary License: Upon the filing of a completed application for a sexually oriented business license or a sexually oriented business employee license, the city shall issue a temporary license to the applicant, which temporary license shall expire upon the final decision of the city to deny or grant the license. B. Approval of License: Within thirty (30) days after the receipt of a completed application, the city administrator shall either issue a license, or issue a written notice of intent to deny a license, to the applicant. The city administrator shall approve the issuance of a license unless one or more of the following is found to be true: 1. An applicant is under eighteen (18) years of age. 2. An applicant is delinquent in the payment to the city of taxes, fees, fines, or penalties assessed against him or her or imposed upon him or her in relation to a sexually oriented business. 3. An applicant has failed to provide information required under section 7 -12- 4 of this chapter or which is necessary for issuance of the license or has falsely answered a question or request for information on the application form. 4. An applicant has been convicted of a violation of a provision of this chapter within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect. 5. The premises to be used for the sexually oriented business has not been approved by the fire department and the building official as being in compliance with applicable laws and ordinances. 6. The license fee required by this chapter has not been paid. 7. An applicant or the proposed establishment is in violation of or is not in compliance with this chapter. 8. An applicant has been convicted of a crime: a. Involving any of the following offenses: (1) Prostitution as described in Minnesota statutes section 609.321; (2) Solicitation, inducement of promotion of prostitution as described in Minnesota statutes section 609.322; (3) Receiving profit derived from prostitution as described in Minnesota statutes section 609.323; (4) Other prohibited acts relating to prostitution as described in Minnesota statutes section 609.324; (5) Obscenity as described in Minnesota statutes section 617.241; (6) Sale, dissemination, distribution, display or exhibition of harmful materials to minors as described in Minnesota statutes sections 617.293 and 617.294; (7) Sexual performance by a child as described in Minnesota statutes section 617.246; (8) Dissemination or possession of child pornography as described in Minnesota statutes section 617.247; (9) Indecent exposure as described in Minnesota statutes section 617.23; (10) Criminal sexual conduct as described in Minnesota statutes sections 609.342, 609.343, 609.344, and 609.345; (11) Incest as described in Minnesota statutes section 609.365; or (12) Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses. b. For which: (1) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; (2) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or (3) Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty four (24) month period. 9. The proposed sexually oriented business would or does not comply with the city's zoning ordinance. C. Conviction: The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant. For purposes of this section, "conviction ": 1. Means a conviction or a guilty plea; and 2. Includes a conviction of any business entity for which the applicant had, at the time of the offense leading to the conviction for a crime designated under this section, a management responsibility or a controlling interest. D. Time Periods: An applicant who has been convicted of an offense listed in subsection B.8.a of this section may qualify for a sexually oriented business license only when the time period required by subsection B.8.b of this section has elapsed. E. License Information and Posting: The license, if granted, shall state the name of the person or persons to whom it is granted, the expiration date and, if the license is for a sexually oriented business, the address of the sexually oriented business. A sexually oriented business employee license shall contain a photo of the licensee. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing, and shall produce such license for inspection upon request by a law enforcement officer or other authorized city official. 7 -12 -6: LICENSE FEES: The annual fee for a sexually oriented business license and a sexually oriented business employee license shall be set by resolution of the city council. The investigation fee for the purpose of issuing a license shall be set by resolution of the city council. In the event that the license is denied upon application, the license fee shall be refunded; however, no part of the license investigation fee shall be returned to the applicant. No part of the annual license fee shall be refunded if the license is suspended or revoked. 7 -12 -7: INSPECTION: A. Inspection Required: An applicant, operator, or licensee shall permit law enforcement officers and any other federal, state, county or city agency in the performance of any function connected with the enforcement of this chapter, normally and arguably conducted by such agencies to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business. B. Refusal: A person who operates a sexually oriented business or their agent or employee commits an offense if the person refuses to permit a lawful inspection of the premises by a representative of the police department at any time it is occupied or open for business. C. Exception: The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation. 7 -12 -8: EXPIRATION OF LICENSE: A. Period of License and Renewal: Each renewal license shall be issued for a maximum period of one year. All licenses expire on December 31 of each year. Each license may be renewed only by making application as provided in section 7 -12 -4 of this chapter. Application for renewal should be made at least ninety (90) days before the expiration date. If the council determines good and sufficient cause is shown by the applicant for failure to file a timely renewal application, the council may, if other provisions of the chapter are complied with, grant the application. B. Denial of License Renewal: If the city administrator denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the city administrator finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial became final. 7 -12 -9: SUSPENSION OF LICENSE: The City Administrator may suspend a license for a period not to exceed thirty (30) days following written notice and an opportunity to be heard if the administrator determines that a licensee or an employee of a license has: A. Violated or is not in compliance with this chapter; B. Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter; C. Knowingly permitted unlawful gambling by any person on the sexually oriented business premises. 7- 12 -10: REVOCATION OF LICENSE: A. Intent to Revoke: The city administrator shall issue a written statement of intent to revoke a sexually oriented business license if a cause of suspension in section 7 -12 -9 of this chapter occurs and the license has been suspended within the preceding twelve (12) months. B. Basis for Revocation: The city administrator shall issue a written statement of intent to revoke a sexually oriented business license if the city administrator determines that: 1. A licensee gave false or misleading information to the city during the application process; 2. A licensee or operator has knowingly allowed possession, use, or sale of controlled substances on the premises; 3. A licensee or operator has knowingly allowed prostitution on the premises; 4. A licensee or operator knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended; 5. A licensee has been convicted of an offense listed in subsection 7-12 - 5.B.8.a of this chapter for which the time period required in subsection 7- 12-5.B.8.b of this chapter has not elapsed; 6. On two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in subsection 7- 12- 5.B.8.a of this chapter, for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed; 7. A licensee or operator has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licensed premises. The term "sexual contact" shall have the meaning as it is defined in Minnesota statutes section 609.341, subdivision 11(b). This subsection shall not apply to an adult motel, unless the licensee knowingly allowed sexual activities to occur either: a) in exchange for money, or b) in a public place or within public view; or 8. A licensee is delinquent in payment to the city for ad valorem taxes, local lodging tax, or other taxes or fees related to the sexually oriented business. C. Appeal of Conviction: The fact that a conviction is being appealed shall have no effect on the revocation of the license. D. Exception: Subsection B.7 of this section does not apply to adult motels as grounds for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view. E. Provisional License: When, after the notice and hearing procedure described in section 7 -12 -11 of this chapter, the city administrator revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation became effective, provided that, if the conditions of subsection 7- 12 -11.B of this chapter are met, a provisional license shall be granted pursuant to that section. If, subsequent to revocation, the city administrator finds that the, basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under subsection B7 of this section, an applicant may not be granted another license until the appropriate number of years required under subsection 7- 12- 5.B.8.b of this chapter have elapsed. 7- 12 -11: HEARING AND APPEAL: A. Notification: If the city administrator determines that facts exist for denial, suspension, or revocation of a license under this chapter, the city administrator shall notify the applicant or licensee ( "respondent ") in writing of the intent to deny, suspend, or revoke the license, including the grounds therefore, by personal delivery or by certified mail. The notification shall be directed to the most current business address on file with the city administrator. Within five (5) working days of receipt of such notice, the respondent may provide to the city administrator, in writing, a response that shall include a statement of reasons why the license or permit should not be denied, suspended, or revoked. Within three (3) days of the receipt of respondent's written response, the city administrator shall notify respondent in writing of the hearing date on respondent's denial, suspension, or revocation proceeding. B. Appeal and Hearing: Within ten (10) working days of the receipt of respondent's written response, the city shall conduct a hearing on respondent's appeal of the city administrator's decision. The city council may appoint a committee of the council or an independent hearing officer to hear the matter, report findings of fact and a recommendation for disposition to the council. Hearings on the appeal shall be open to the public and the licensee or applicant shall have the right to appear and be represented by legal counsel and to offer evidence in its behalf. At the conclusion of the hearing, the city council shall make a final decision. If a response is not received by the city in the time stated or, if after the hearing, the city finds that grounds as specified in this chapter exist for denial, suspension, or revocation, then such denial, suspension, or revocation shall become final five (5) days after the city sends, by certified mail, written notice that the license has been denied, suspended, or revoked. Such notice shall include a statement advising the applicant or licensee of the right to appeal such decision to a court of competent jurisdiction. If the city council finds that no grounds exist for denial, suspension, or revocation of a license, then within five (5) days after the hearing, the city administrator shall withdraw the intent to deny, suspend, or revoke the license, and shall so notify the respondent in writing by certified mail of such action and shall contemporaneously issue the license. C. Judicial Review: Any decision of the city council shall be a final appealable order and the applicant or licensee ( "aggrieved party ") may seek prompt judicial review of such administrative action in any court of competent jurisdiction. D. Stay of Decision: The filing of an appeal stays the action of the city administrator in requiring, denying, suspending or revoking a license until sixty (60) days after a final decision by the city council, to provide the aggrieved party sufficient time to appeal the city council's decision to a court of competent jurisdiction. If the aggrieved party appeals the city council's decision within the sixty (60) days provided, the stay shall be extended until a final judicial decision is rendered in the matter. E. Provisional License: Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the city's enforcement of the denial, suspension, revocation, or licensue requirement, the city shall immediately issue the aggrieved party a provisional license. The provisional license shall allow the aggrieved party to continue operation of the sexually oriented business or to continue employment as a sexually oriented employee, as the case may be, and will expire upon the court's entry of a judgment on the aggrieved party's action to appeal, challenge, restrain, or otherwise enjoin the city's enforcement. F. Additional Requirements: The city council may condition denial, suspension, revocation, or nonrenewal of a license upon appropriate terms and conditions. 7- 12 -12: TRANSFER OF LICENSE: A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application. 7- 12 -13: ADDITIONAL REGULATIONS A. Escort Agencies: 1. An escort agency shall not employ any person under the age of eighteen (18) years. 2. A person commits an offense if he or she acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years. B. Nude Model Studios: 1. A nude model studio shall not employ any person under the age of eighteen (18) years. 2. A person commits an offense if he or she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right of way. C. Adult Theaters and Adult Motion Picture Theaters: 1. A person commits an offense if he or she knowingly allows a person under the age of eighteen (18) years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater. 2. It is a defense to prosecution under subsection A of this section if the person under eighteen (18) years was in a restroom not open to public view or persons of the opposite sex. D. Adult Motels: 1. Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is Tess than ten (10) hours creates a rebuttable presumption that the establishment is an "adult motel" as that term is defined in this chapter. 2. A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, he or she rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he or she rents or subrents the same sleeping room again. E. Exhibition of Sexually Explicit Films, Videos, or Live Entertainment in Video Rooms: 1. Requirements: A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, videocassette, live entertainment or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements: a. Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches ( ±6 "). The city administrator may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. b. The application shall be sworn to be true and correct by the applicant. c. No alteration in the configuration or location of a manager's station may be made without the prior approval of the city administrator or his or her designee. d. It is the duty of the owners and operator of the premises to ensure that at least one licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the premises. e. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. f. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in subsection A5 of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection Al of this section. g. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not Tess than one (1.0) foot - candle as measured at the floor level. h. It shall be the duty of the licensee, owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above, is maintained at all times that any patron is present in the premises. No viewing room may be occupied by more than one person at any time. j. No licensee shall allow openings of any kind to exist between viewing rooms or booths. k. No person shall make or attempt to make an opening of any kind between viewing booths or rooms. I. The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist and shall cover or repair all openings or holes with twenty four (24) hours. m. The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting. n. The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board, or other porous material shall be used within forty eight inches (48 ") of the floor. 2. Misdemeanor: A person having a duty under subsections 1.a through 1.n of this section commits a misdemeanor if the person knowingly fails to fulfill that duty. F. Conduct within an Adult Use Business: 1. Distance Requirement For Live Entertainment: All performers, dancers, and persons appearing in a seminude condition or providing live entertainment distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas in the licensed facility or in areas adjoining the licensed facility where such entertainment can be seen by patrons of the licensed facility shall remain at all times a minimum distance of six feet (6') from all patrons, customers, or spectators and shall dance or provide such entertainment on a platform intended for that purpose, which shall be raised at least two feet (2') from the level of the floor on which patrons or spectators are located. 2. Interaction With Patrons: No dancer, performer, or person while seminude or providing live entertainment distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas in the licensed facility or in areas adjoining the licensed facility where the entertainment can be seen by patrons of the licensed facility shall knowingly or intentionally touch any spectator or patron or the clothing of any spectator or patron. 3. Gratuity Prohibition: No customers, spectator, or patron of a licensed facility shall directly pay or give any gratuity to any dancer or performer in a seminude condition and no dancer or performer in a seminude condition shall solicit or receive any pay or gratuity directly from any patron or spectator. 4. Hours of Operation: No sexually oriented business, except for an adult motel, may remain open at any time between the hours of one o'clock (1:00) A.M. and eight o'clock (8:00) A.M. on weekdays and Saturdays, and one o'clock (1:00) A.M. and twelve o'clock (12:00) noon on Sundays. G. Public Nudity: It shall be a misdemeanor for a person to knowingly and intentionally, in a sexually oriented business, appear in a state of nudity or engage in specified sexual activities. 7- 12 -14: PROHIBITION AGAINST CHILDREN IN AN ADULT USE BUSINESS: No licensee, operator or employee shall knowingly allow a person under the age of eighteen (18) years on the premises of a sexually oriented business. 7- 12 -15: EXEMPTIONS: It is a defense to prosecution under this chapter that a person appearing in a state of nudity did so in a modeling class operated: A. By a proprietary school licensed by the state of Minnesota; a college, junior college, or university supported entirely or partly by taxation; B. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or C. In a structure: 1. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and 2. Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and 3. Where no more than one nude model is on the premises at any one time. 7- 12 -16: ENFORCEMENT: A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of this chapter is subject to a suit for injunction as well as prosecution for criminal violations. Any person violating a provision of this chapter, upon conviction, is guilty of a misdemeanor. Each day a sexually oriented business so operates is a separate offense or violation. 3- 12 -17: SEVERABILITY: If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted the chapter and each subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Section 2. This ordinance shall be effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED this 25 day of June, 2007 by the City Council of the City of Otsego, Minnesota. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, City Clerk/Zoning Administrator ITEM 8.4 4' x 6' CITY OF OTSEGO DEVELOPMENT PROPOSED CONTACT CITY HALL 763- 441 -4414 www.ci.otsego.mn.us CITY OF OTSEGO DEVELOPMENT PROPOSED CONTACT CITY HALL 763 - 441 -4414 www.ci.otsego.mn.us Mn /DOT TP- 2184 -02 (5/83) I T E M 9- 1 State of Minnesota Department of Transportation _ CHANGE ORDER #1 Contractor: Dobosenski and Sons, Inc. S.P. No. N/A Address: 6450 Pioneer Trail F.P. No. N/A Loretto, MN 55357 Location: Otsego Creek Contract No. 05 -04 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 Autum Blaze Red Maple EACH 46 $ 300.00 $13,800.00 2 Sugar Maple EACH 28 $ 325.00 $ 9,100.00 3 Summit Ash EACH 7 $ 240.00 $ 1,680.00 4 Patmore Ash EACH 10 $ 240.00 $ 2,400.00 iginal Contract Amount $643,728.13 �ftange in Contract due to this Change Order $ 26,980.00 Total Contract Amount $670,708.13 Issued by: v 7 7. , . 04/2i0 7 roject En - r Approved by: Otsego City Official Date Accepted by: /' if4 `Q' 'T 5 C tractor's Authorized Representative Date S:1MunicipaMOTSEGOkl24\Pay Estimatesbt424C0#1.doc COURT, 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 .AA, licensed in Illinois (763) 497 -1930 • "Alen hevn. +'ed w (ul Jbr,a (763) 497 -2599 (FAX) courimacarthur Jearthlink.net June 21, 2007 City Council Members City of Otsego c/o Judy Hudson, City Clerk 8899 Nashua Avenue NE Otsego, MN 55330 RE: City Service Contract Dear Council Members: Enclosed for your review and approval please find a generic Service Contract for inclusion with City quotes or proposals where no actual contract document has been required before. In the past many of these services have been contracted for by signing off on the proposal or by letter. The purpose of this Service Contract is to have a Council approved general format contract that can be included with small bids or quotes as a condition of the bid or quote. The Service Contract covers insurance, worker's compensation, indemnification, payment to subcontractor's, payment and performance bonds, compliance with statutes and rules and other issues which should be covered under any substantial agreement between the City and a contractor or service provider. Kristen Carr will be available to answer any questions or further discuss the matter at the Monday City Council meeting. Very t ours / 17/ • • : rew J. MacArthur COURI, MACARTHUR & RUPPE, PLLP Encl. CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA SERVICES CONTRACT AGREEMENT, made this th day of , 2007, between the CITY OF OTSEGO, a Minnesota municipal corporation ( "CITY ") and ( "CONTRACTOR "); RECITALS CITY has awarded to CONTRACTOR the job described below, Description of Project: 1. Contract Performance. CONTRACTOR shall complete construction or performance of the PROJECT in accord with the Request for Bids/Proposal hereto attached, which shall be a part of this agreement as if fully set forth. 2. Compliance with Applicable Regulations. CONTRACTOR shall, pursuant to performance, comply with all applicable rules, regulations, statutes or ordinances of any other unit or agency of government, including but not limited to those relating to non- discrimination in hiring or labor practices, payment of all required withholding taxes, 1 • workers' compensation and unemployment compensation insurance, liability insurance, OSHA or other safety rules and regulations, construction practices, environmental practices, wetland protection measures, vehicular safety and/or weight restrictions, refuse disposal practices, and notices to employees, whether or not such rules, regulations, statutes or ordinances are set forth or adopted by reference in the Submission Requirements herein. CONTRACTOR shall also comply with all applicable CITY rules, regulations and ordinances. Pursuant to Minnesota Statutes 471.425, if CONTRACTOR shall fail to pay any subcontractor hired by CONTRACTOR under this project within 10 days after CONTRACTOR receives payment from CITY for work for which CONTRACTOR is liable to any subcontractor, CONTRACTOR shall be liable to the subcontractor for interest on the unpaid balance, at the rate of 1.5 per cent per month. Any subcontractor aggrieved by CONTRACTOR'S failure to remit payment to the subcontractor shall, for the purpose of enforcement, be considered a third -party beneficiary of this contract. However, nothing in this contract shall be deemed to impose upon CITY any duty to monitor, enforce or otherwise become involved in payments from CONTRACTOR to any subcontractor. 3. Indemnification. CONTRACTOR shall defend, fully indemnify and hold harmless CITY from any liability arising out of CONTRACTOR's actions or failures to act as well as failure to observe compliance with Paragraph 2 above, specifically including, without limitation, liability arising out of the improper disposal or storage of any hazardous waste by CONTRACTOR or any entity hired or used by CONTRACTOR for such disposal. 4. Warranty of Workmanship and Timely Completion. In addition to any warranty which might be a part of the Plans and Specifications/Proposal, CONTRACTOR 2 • warrants that all work completed in connection with the PROJECT shall be done in a workmanlike and timely manner in accord with applicable industry standards. Where materials are being furnished by CONTRACTOR, CONTRACTOR warrants that all materials will be of good quality and suited for the purpose for which they are intended. 5. Compliance with Statutory Requirements A. Data Practices Compliance: CONTRACTOR will have access to data collected or maintained by the CITY to the extent necessary to perform CONTRACTOR'S obligations under this contract. CONTRACTOR agrees to maintain all data obtained from the CITY in the same manner as the CITY is required under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. CONTRACTOR will not release or disclose the contents of data classified as not public to any person except at the written direction of the CITY. CONTRACTOR agrees to defend, fully indemnify and hold harmless the CITY from any claim, liability, damage or loss asserted against the CITY as a result of CONTRACTOR'S failure to comply with the requirement of the Act or this contract. Upon termination of this contract, CONTRACTOR agrees to return data to the CITY, as requested by the CITY. B. Worker's Compensation CONTRACTOR shall, at the time of execution of this contract, furnish evidence satisfactory to the CITY that CONTRACTOR maintains or is exempt from maintaining Worker's Compensation coverage, pursuant to Minnesota Statutes Chapter 176.182. 3 C. Income Tax Withholding Prior to the time of final payment of any amounts owing to CONTRACTOR under this agreement, CONTRACTOR shall furnish a copy of Form IC -134, certified by the Minnesota Department of Revenue, documenting that all withholding tax requirements have been observed by CONTRACTOR. D. Audit Pursuant to Minnesota Statutes Chapter 16C.05 (subd. 5), the books and records of CONTRACTOR which are relevant to the services being performed under this Contract shall be subject to inspection in accord with said statute, for a period of six years from the date of final payment hereunder. E. Insurance. CONTRACTOR shall at all times while working on the PROJECT be insured with proper liability and automobile or other insurance in amounts either required by statute or as set forth in the Requests for Bids/Proposal, and shall provide proof of insurance coverage to the CITY prior to commencing any work. 6. Performance and Payment Security (Check One) CONTRACTOR is not required to post any performance and payment security as a condition of this Contract by reason of the fact that the contract amount is for less than $75,000.00, and CITY is not requiring performance security. CONTRACTOR is required to post performance and payment security acceptable to the CITY, even though the contract price is less than $75,000.00. CONTRACTOR is required to post performance and payment security because the contract price is more than $75,000.00. 4 Regardless of which option above is checked, if performance and payment security is required, the security shall meet the standards outlined in Minnesota Statutes 574.26. 7. Notices. Any notice which is or should be required to be given to CONTRACTOR shall be sufficient if addressed as follows, and deposited, postage prepaid, in the regular United States Mail. Notice shall be deemed to have been received on the third business day following the postmark: 8. Termination Either party may terminate this agreement on days written notice to the other. In the event that the Agreement is terminated by CONTRACTOR prior to completion of the PROJECT, CONTRACTOR shall be responsible for assuring that the PROJECT be completed satisfactorily within the required time periods and in a workmanlike manner at no additional cost to the CITY above the contract amount. 9.Payment. CITY shall remit to CONTRACTOR the sum of $ representing payment in full, within 30 days of receiving invoice, and assuming that CONTRACTOR has fully complied with all of the terms of this agreement, completing the project in a timely and compliant manner. In the event that the PROJECT is not completed in a timely and compliant manner the CITY may retain funds to assure satisfactory completion of the PROJECT. 5 t 10. Separability. If any term or condition of this Agreement is determined to invalid by a Court of competent jurisdiction, the remainder of the Agreement shall be deemed valid and shall be construed to achieve the original intent of the Agreement. 11. Merger. The above is a full and complete recitation of the Agreement between the parties and supercedes any previous Agreement either written or oral. IN WITNESS WHEREOF, the parties have executed this Agreement the date above written. CITY OF OTSEGO CONTRACTOR By Larry Fournier By Mayor Its By Judy Hudson City Clerk 6 7 ITEM 10_2 MEMO Date: June 21, 2007 To: Mayor & Council From: City Administrator Mike Robertson Re: Business Subsidy Policy I have enclosed a policy prepared by our bond counsel Briggs and Morgan. The City is required to have a an approved policy like this before approving any tax abatement or tax increment financing. After Mary Ipple of Briggs and Morgan reviewed our existing policies she said they needed to be upgraded to comply with current law. CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. RESOLUTION ADOPTING A POLICY AND CRITERIA FOR GRANTING BUSINESS SUBSIDIES BE IT RESOLVED by the City Council (the "Council ") of the City of Otsego, Minnesota (the "City "), as follows: (1) Hearing. On July 9, 2007, the Council held a public hearing on the question of the adoption of the Business Subsidy Policy and Criteria, and said hearing was preceded by published notice thereof. (2) Adoption of the Business Subsidy Criteria Filing. The Business Subsidy Policy and Criteria attached hereto as Exhibit A is hereby adopted. The City Administrator is hereby authorized and directed to submit a copy of the Business Subsidy Policy and Criteria with the Department of Employment and Economic Development, along with the next annual report in accordance with Minnesota Statutes, Section 116J.994, Subdivision 2. Adopted on July 9, 2007, by the Otsego City Council. Mayor Attest: City Administrator Councilmember moved the adoption of the foregoing resolution, and said motion was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly adopted. 2036173v1 EXHIBIT A City of Otsego Business Subsidy Criteria SECTION 1. PURPOSE AND AUTHORITY 1.1 The purpose of this document is to establish the criteria for the City of Otsego (the "Grantor ") for granting of business subsidies for private development. The criteria shall be used as a guide in the processing and reviewing applications requesting business subsidies. 1.2 The City's ability to grant business subsidies is governed by the limitations established in Minnesota Statutes, Sections 116J.993 through 116J.995 (the "Statutes "). 1.3 Unless specifically excluded by the Statutes, business subsidies include grants by state or local government agencies, contributions of personal property, real property, infrastructure, the principal amount of a loan at rates below those commercially available to the recipient of the subsidy, any reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business. 1.4 These criteria are to be used in conjunction with other relevant policies of the Grantor. 1.5 The City may deviate from these criteria by documenting in writing the reason(s) for the deviation. The documentation shall be submitted to the Department of Employment and Economic Development with the next annual report. 1.6 The Grantor may amend this document at any time. Amendments to these criteria are subject to public hearing requirements contained in the Statutes. SECTION 2. PUBLIC PURPOSE REQUIREMENT 2.1 All business subsidies must meet a public purpose. 2.2 The creation or retention of jobs may be, but is not required to be, a public purpose for granting a subsidy. If job creation is a goal, the City shall enter into a business subsidy agreement requiring the creation of at least 1 job at the wage floor set forth in Section 2.5 and any additional job creation requirements. The determination that jobs are not a public purpose for the subsidy and that the related wage and job goals are zero shall be made following a public hearing. 2.3 Job retention may only be used as a public purpose in cases where job loss is specific and demonstrable. The City shall document the information used to determined the nature of the job loss. 2036173v1 2.4 The creation of tax base shall not be the sole public purpose of a subsidy. 2.5 [The wage floor for wages to be paid for the jobs created shall be two hundred percent (200 %) of the State minimum wage in effect at the time the subsidy is granted. The City will seek to create jobs with higher wages as appropriate for the overall public purpose of the subsidy. — Mike — Revise ?] SECTION 3. BUSINESS SUBSIDY APPROVAL CRITERIA 3.1 All new projects approved by City of Otsego should meet the following minimum approval criteria. However, it should not be presumed that a project meeting these criteria will automatically be approved. Meeting these criteria creates noncontractual rights on the part of any potential developer. 3.2 To be eligible to receive a business subsidy, the recipient must meet the following minimum requirements: (a) The subsidy must achieve a public purpose. (b) The project must comply with local plans and ordinances. (c) The recipient shall provide information demonstrating that granting the subsidy is necessary for the proposed development to occur. (d) The recipient enters into an agreement pursuant to these criteria and the Statutes. 3.3 The business subsidy shall be provided within applicable state legislative restrictions, debt limit guidelines, and other appropriate financial requirements and policies. 3.4 The project must be in accord with the Comprehensive Plan and Zoning Ordinances, or required changes to the plan and Ordinances must be under active consideration by the City at the time of approval. 3.5 Business subsidies will not be provided to projects that have the financial feasibility to proceed without the benefit of the subsidy, in effect, business subsidies will not be provided solely to broaden a developer's profit margins on a project. Prior to consideration of a business subsidy request, the Grantor may undertake an independent underwriting of the project to help ensure that the request for assistance is valid. 3.6 Prior to approval of a business subsidy, the developer shall provide any required market and financial feasibility studies, appraisals, soil boring, information provided to private lenders for the project, and other information or data that the Grantor or its financial consultants may require in order to proceed with an independent underwriting. 2036173v1 2 3.7 Any developer requesting a business subsidy should able to demonstrate past successful general development capability as well as specific capability in the type and size of development proposed. 3.8 The developer must retain ownership of the project at least long enough to complete it, to stabilize its occupancy, to establish the project management, and to initiate repayment of the business subsidy, if applicable. 3.9 A recipient of a business subsidy must enter into a subsidy agreement with the Grantor as described in Section 4. 3.10 A recipient of a business subsidy must make a commitment to continue operations within the City for at least five years after the benefit date. 3.11 Any business subsidy will be the lowest possible level and least amount of time necessary, after the recipient maximizes the use of private debt and equity financing first. SECTION 4. SUBSIDY AGREEMENT 4.1 In granting a business subsidy, the Grantor shall enter into a subsidy agreement with the recipient that provides the information, wage and job goals, commitments to provide necessary reporting data and recourse for fail to meet goals required by the Statutes. 4.2 The subsidy agreement may be incorporated into a broader development agreement for a project. 4.3 The subsidy agreement will describe the requirements for the recipient to provide the reporting information required by the Statutes. Adopted by: City Council of the City of Otsego, Minnesota Date of adoption: July 9, 2007 Date of public hearing: July 9, 2007 2036173v1 3 CITY ADMINISTRATOR'S CERTIFICATE I, the undersigned, being the duly qualified and acting City Administrator of the City of Otsego, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of a duly called and regularly or specially held meeting of the City Council of said City held on July 9, 2007, with the original minutes thereof on file in my office and I further certify that the same is a full, true, and correct transcript thereof insofar as said minutes relate to adoption of a policy and criteria for granting business subsidies. WITNESS my hand officially this day of July, 2007. City Administrator Otsego, Minnesota 2036173v1