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03-26-07 ITEM 5 -1 CLAIMS LIST CITY COUNCIL MEETING MARCH 26, 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 03 -14 -2007 $ 7,156.77 03 -21 -2007 $ 144,140.91 PAYROLL 03 -12 -2007 $ 43,672.84 GRAND TOTAL $ 194,970.52 If you have any questions or if you would like to review this list further, please let me know. Kathy Grover Bookkeeper CITY OF OTSEGO 03/14/07 10:15 AM Page 1 *Check Summary Register© MARCH 2007 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid ALLIANCE BENEFIT GROUP $489.48 PPE 3/10 CK DTD 3/14 UnPaid FORT DEARBORN LIFE $1,127.38 BALANCE OF JAN UnPaid ICMA RETIREMENT TRUST $823.22 PPE 3/10 CK DTD 3/14 UnPaid PUBLIC EMPLOYEES RETIREME $4,578.69 PPE 3/10 CK DTD 3/14 UnPaid WRIGHT COUNTY RECORDER $138.00 3 DOCUMENTS FOR SHIERTS PROPERTY Total Checks $7,156.77 FILTER: None CITY OF OTSEGO 03/14/07 10:15 AM Page 1 *Check Detail Register© MARCH 2007 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid ALLIANCE BENEFIT GROUP G 101 -21706 Hospitalization /Medical Ins $489.48 31407 PPE 3/10 CK DTD 3/14 Total ALLIANCE BENEFIT GROUP $489.48 Unpaid FORT DEARBORN LIFE E 101 - 41600 -130 Employer Paid Ins (GENERAL) $148.55 02012007 FEB - FINANCE E 101 -41400 -130 Employer Paid Ins (GENERAL) $169.95 02012007 FEB - ADMIN E 250 - 42410 -130 Employer Paid Ins (GENERAL) $240.73 02012007 FEB - BUILDING E 101 -43100 -130 Employer Paid Ins (GENERAL) $339.46 02012007 FEB - PW E 101 -41400 -130 Employer Paid Ins (GENERAL) $228.69 1012007 BALANCE OF JAN Total FORT DEARBORN LIFE $1,127.38 Unpaid ICMA RETIREMENT TRUST G 101 -21705 Other Retirement $611.00 PPE 3/10 CK DTD 3/14 E 101 -41400 -121 PERA $212.22 PPE 3/10 CK DTD 3/14 Total ICMA RETIREMENT TRUST $823.22 Unpaid PUBLIC EMPLOYEES RETIREMENT FD E 101 -41600 -121 PERA $346.10 PPE 3/10 CK DTD 3/14 E 602 -49450 -121 PERA $23.56 PPE 3/10 CK DTD 3/14/07 E 101 -43100 -121 PERA $948.82 PPE 3/10 CK DTD 3/14 G 101 -21704 PERA $2,193.96 PPE 3/10 CK DTD 3/14 E 250 -42410 -121 PERA $726.10 PPE 3/10 CK DTD 3/14 E 601 -49400 -121 PERA $23.57 PPE 3/10 CK DTD 3/14/07 E 101 -41400 -121 PERA $316.58 PPE 3/10 CK DTD 3/14 Total PUBLIC EMPLOYEES RETIREMENT FD $4,578.69 Unpaid WRIGHT COUNTY RECORDER E 101 -41400 -340 Recording Fees $138.00 3 DOCUMENTS FOR SHIERTS PROPER Total WRIGHT COUNTY RECORDER $138.00 10100 BANK OF ELK RIVER $7,156.77 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $6,142.81 250 BUILDING PERMIT FEES $966.83 601 WATER FUND $23.57 602 SEWER FUND $ $7,156.77 CITY OF OTSEGO 03/21/07 2:46 PM Page 1 *Check Summary Register© MARCH 2007 Name Check Date Check Amt u �., , - ..,s, '�a 4g ..,. ;; Sa� a,,>,e,. . .,a. ,ssZW.,�'.a4Zi;,?; - .- �,x,4.27A.agA- . wKTM =A .ZntWtbV:'X`x" K, a 10100 BANK OF ELK RIVER UnPaid AFFORDABLE SANITATION $172.80 FEB PORTA RENTALS UnPaid AIRGAS, INC. $22.00 ACETYLENE/OXYGEN /HAZMAT UnPaid APEX BUSINESS CENTER $5,907.26 ECON DEV ASSIST UnPaid ARROW TERMINAL LLC $55.84 CURVED JAW LOCKING PLIERS UnPaid BARTON SAND & GRAVEL CO $1,199.13 CLASS 5 RECYCLE UnPaid BEAUDRY OIL & SERVICES INC. $50.06 BACTERIA KILLER UnPaid BENCO EQUIPMENT $467.16 20 GAL SELF EVAC OIL DRAIN UnPaid BONESTROO ROSENE ANDERLI $7,946.52 WEST WWTF PHASE 1 UnPaid BOYER TRUCKS $310.11 SOCKET, PISTON ASSM, CYL KIT UnPaid BRAUN INTERTEC $1,155.85 65TH STREET DUAL FORCEMAIN UnPaid CAP CARPET SALES $6,198.67 CARPET - PUBLIC WORKS BLDG UnPaid CARLSON TRACTOR & EQUIP. C $568.42 HOSE ASSEMBLIES UnPaid CENTERPOINT ENERGY $5,234.88 PUMPHOUSE #2 UnPaid CITY OF LESTER PRAIRIE $1,557.00 U.V. SYSTEM WARRANTY UnPaid CITY OF OTSEGO $151.24 17330 53RD - EAST WWTF UnPaid COMMISSIONER OF TRANSPOR $2,135.78 SP217105 -02 ODEAN PROJECT UnPaid CP TELECOM $601.67 TELEPHONE UnPaid CROW RIVER FARM EQUIPMEN $380.01 BOLTS, NUTS, WASHERS UnPaid DEPT OF LABOR & INDUSTRY $10.00 AIR TANK INSPECTION UnPaid ECM PUBLISHERS INC $606.30 LEGAL - PUBLIC HEARING UnPaid ELK RIVER MUNICIPAL UTILITIE $85.60 8500 PARRISH TRAFFIC SIGNAL UnPaid EMPLOYER PLAN SERVICES IN $846.09 BLDG UnPaid FORT DEARBORN LIFE $898.69 MAR - FIN UnPaid G & K TEXTILE LEASING SYSTE $735.58 UNIFORMS UnPaid GOPHER STATE ONE -CALL INC $114.85 LOCATE TICKETS UnPaid GRAINGER $1,074.62 STEEL WORK PLATFORM UnPaid HYDRO METERING TECHNOLOG $20,763.24 METERS UnPaid JESSICA STOCKAMP $699.24 PARK & REC CANOPY UnPaid JONATHAN PEDERSON $1,500.00 9014 OGDEN DRIVEWAY ESC REF UnPaid KITTREDGE CROSSING ASSOC. $57.49 W/S REFUND #22780 -00 UnPaid LAND TITLE INC. $2,250.00 TITLE INSURANCE UnPaid MENARDS $187.78 ROCK SALT FOR SOFTENER UnPaid MINNESOTA COPY SYSTEMS $175.95 COPIER/COPIES UnPaid MINNESOTA TRUCKING ASSOC! $150.00 DON MASS - VEH INSP CERT CLASS UnPaid NAPA OF ELK RIVER INC $890.42 FITTINGS UnPaid NOVA COMMUNICATIONS $215.00 PHONE WORK UnPaid OFFICEMAX $1,102.00 OFFICE SUPPLIES UnPaid PEOPLE SERVICE INC. $15,565.00 MONTHLY SERVICE UnPaid PITNEY BOWES $351.00 POSTAGE METER UnPaid PITNEY BOWES SUPPLIES $98.48 PSTG MTR INK CARTRIDGE UnPaid QUICK FUEL FLEET SERVICES $1,998.23 DIESEL UnPaid SOFTRONICS $7,479.00 PW - COMPUTERS & ACCESSORIES UnPaid SPRINT $205.11 LAP TOP SERVICE UnPaid TOM SHERMAN $192.40 PLIERS SET, CUT OFF TOOL UnPaid TOSHIBA AMERICA INFO SYS IN $211.83 TOSHIBA COPIER UnPaid TROPHIES PLUS $9.05 ENGRAVE - POLICE COMM NAME PLATE UnPaid WRIGHT COUNTY AUDITOR -TRE $50,856.67 MARCH SHERIFF PATROL UnPaid XCEL ENERGY $180.34 8899 NASHUA AVE UnPaid ZARNOTH BRUSH WORKS INC $869.04 GUTTER BROOM Total Checks $144,493.40 FILTER: None CITY OF OTSEGO 03/21/07 2:46 PM Page 1 *Check Detail Register© MARCH 2007 Check Amt Involce Comment 10100 BANK OF ELK RIVER ___„ ._, m... . .._ AFFORDABLE SANITATION — E 101 - 45250 -410 Rentals (GENERAL) $172.80 6589 FEB PORTA RENTALS Total AFFORDABLE SANITATION $172.80 Unpaid „ AIRGAS, INC. E 101 -43100 -210 Operating Supplies (GENERAL) $22.00 105385433 ACETYLENE/OXYGEN /HAZMAT Total AIRGAS, INC. $22.00 Q U ripaid APEX BUSINESS CENTER „a , .., ��_,, � »a- . ,.�., .,..,�w *ow ,._��.�..,,�. E 101 - 41900 -439 Development incentives $5,907.26 ECON DEV ASSIST Total APEX BUSINESS CENTER $5,907.26 • Unpaid M. Rp ARROW TERMINAL LLC E 101 -43100 -240 Small Tools $55.84 46224 -IN CURVED JAW LOCKING PLIERS Total ARROW TERMINAL LLC $55.84 ..._ ......... ............. Unpaid �� BARTON SAND & GRAVEL CO E 101 -43100 -370 Sand andGravel $99.55 CLASS 5 RECYCLE E 101 -43100 -370 Sand andGravel $1,099.58 W1 1/2 CA1 ASTM NO 4 Total BARTON SAND & GRAVEL CO $1,199.13 Unpaid T T�.., BEAUDRY OIL & SERVICES INC. E 101 -43100 -202 Gas & Oil $50.06 354182 BACTERIA KILLER Total BEAUDRY OIL & SERVICES INC. $50.06 �..,�...,....,........,.o»,,.. Unpaid E 206 -43100 -501 Equipment $467.16 5- 000580 20 GAL SELF EVAC OIL DRAIN Total BENCO EQUIPMENT $467.16 Unpaida�.F� .. BONESTROO ROSENE ANDERLIK E 432 -43256 -302 Engineering Fees $1,870.46 141336 WEST WWTF PHASE 1 E 430 -43256 -302 Engineering Fees $6,076.06 141337 EAST WWTF PHASE 3 Total BONESTROO ROSENE ANDERLIK $7,946.52 Unpaid BOYER TRUCKS E 101 -43100 -220 Repair /Maint Supply (GENERAL) $310.11 54649R SOCKET, PISTON ASSM, CYL KIT Total BOYER TRUCKS $310.11 Unpaid INTERTEC E 444 -43100 -302 Engineering Fees $381.95 273375 65TH STREET DUAL FORCEMAIN E 444 -43100 -302 Engineering Fees $235.90 274578 65TH STREET DUAL FORCEMAIN E 444 -43100 -302 Engineering Fees $538.00 275007 65TH STREET DUAL FORCEMAIN Total BRAUN INTERTEC $1,155.85 Unpaid E 441-43100-520 Buildings and Structures $6,198.67 17401 CARPET - PUBLIC WORKS BLDG Total CAP CARPET SALES $6,198.67 Unpaid E 101 -43100 -220 Repair /Maint Supply (GENERAL) $568.42 X04129 HOSE ASSEMBLIES Total CARLSON TRACTOR & EQUIP. CO. $568.42 Unpaid CENTERPOINT ENERGY E 602 -49450 -322 Utilities $1,350.63 EAST WWTF E 602 -49450 -322 Utilities $3,375.56 WEST WWTF E 601 -49400 -322 Utilities $221.58 PUMPHOUSE #2 E 601 -49400 -322 Utilities $287.11 PUMPHOUSE #3 CITY OF OTSEGO 03/21/07 2:46 PM Page 2 *Check Detail Register© MARCH 2007 C ommminummoimilmmii "ck Amt Invoice Comment Total CENTERPOINT ENERGY $5,234.88 Unpaid - CITY OF PRAIRIE -- - ' -- -- - --- ---------- E 432-43256-310 Miscellaneous $1,557.00 U.V. SYSTEM WARRANTY Total CITY OF LESTER PRAIRIE $1,557.00 Unpaid CITY OF OTSEGO E 101-45200-322 Utilities $6.39 15501 83RD ST - IRR E 10145200-322 Utilities $6.39 6480 MASON - IRR E 101-45200-322 Utilities $6.39 10400 71ST ST - IRR E 101-45200-322 Utilities $6.39 11313 77TH ST - IRR E 602-49450-322 Utilities $6.39 7551 LANCASTER - WEST WWTF E 602-49450-322 Utilities $14.09 7551 LANCASTER - WEST WWTF E 602-49450-322 Utilities $6.39 7551 LANCASTER - WEST WWTF E 602-49450-322 Utilities $6.39 7551 LANCASTER - WEST WWTF E 602-49450-322 Utilities $92.42 17330 53RD - EAST WWTF Total CITY OF OTSEGO $151.24 6"WaId E 413-43100-310 Miscellaneous $2,135.78 SP217105-02 ODEAN PROJECT Total COMMISSIONER OF TRANSPORTATION $2,135.78 Unpaid - ---- -- eii - iiilidon - - -------- - -- -- - E 101-43100-320 Telephone $150.42 TELEPHONE E 250-42410-320 Telephone $300.83 TELEPHONE E 101-41400-320 Telephone $150.42 TELEPHONE Total CP TELECOM $601.67 TAiird------616WilVeR FARM EQUIPMENT ----- E 101-43100-210 Operating Supplies (GENERAL) $380.01 122917 BOLTS, NUTS, WASHERS Total CROW RIVER FARM EQUIPMENT $380.01 ,,,,,,,, ,46 43,0*■,.,5x91, ,....° -05,(<1.4. 57,,,, 41,5” K. .....7,1M1,,,,M, xm.rw ,N.N. 4An ,...,,Iwo 4,v■ m ...v....,x. e. ., ,.....xx., ...* eax _. Unpaid DEPT OF LABOR & INDUSTRY E 10143100-390 Contracted Services $10.00 B42 351R1089 AIR TANK INSPECTION Total DEPT OF LABOR & INDUSTRY $10.00 X-,,,,61,,, ,,,....,1,,,,..641.,649,1.0 ...WA 4,435174 ,, , le55,, A , ,...x Ma* neue xn , x•ne* Vie. a . -Waenns ,, x, ...x.xx V s e "mv %■ , m wseem max..5ame w . aa. uerx . , a ,norm Unpaid ECM PUBLISHERS INC E 101-41400-350 Print/Binding (GENERAL) $148.50 237516 LEGAL - PUBLIC HEARING E 101-41400-350 Print/Binding (GENERAL) $118.80 237517 LEGAL - PUBLIC HEARING E 101-41400-350 Print/Binding (GENERAL) $148.50 237518 LEGAL - PUBLIC HEARING E 101-41400-350 Print/Binding (GENERAL) $148.50 237519 LEGAL - PUBLIC HEARING E 25042410-350 Print/Binding (GENERAL) $42.00 96625 HELP WANTED AD - BLDG SEC Total ECM PUBLISHERS INC $606.30 tt ,..<7,,•••Not,s3. , 4,, v, 4,555...J.HeaMiRr.., -MIIIMAMD.Wg,,,,see,.....as1.1*,50 9 aiMearn22... ,rnamarnes* =mfr... X, Mr *.a..... ____ Unpaid ELK RIVER MUNICIPAL UTILITIES E 101-43160-322 Utilities $40.02 17939 8500 PARRISH TRAFFIC SIGNAL E 101-43160-322 Utilities $45.58 17940 8700 PARRISH TRAFFIC SIGNAL Total ELK RIVER MUNICIPAL UTILITIES $85.60 - - -- Unpaid EMPLOYER PLAN SERVICES INC E 101-41600-123 Health $100.98 FIN E 101-41400-123 Health $354.80 ADMIN E 101-43100-123 Health $163.22 PW E 250-42410-123 Health $227.09 BLDG Total EMPLOYER PLAN SERVICES INC $846.09 Unpaid FORT DEARBORN LIFE E 101-43100-130 Employer Paid Ins (GENERAL) $339.46 MAR - PW CITY OF OTSEGO 03/21/07 2:46 PM Page 3 *Check Detail Register© MARCH 2007 Check Amt Invoice Comment E 101 - 41600 -130 Employer Paid Ins (GENERAL) $148.55 MAR - FIN E 250 -42410 -130 Employer Paid Ins (GENERAL) $240.73 MAR - BLDG E 101 -41400 -130 Employer Paid Ins (GENERAL) $169.95 MAR - FIN Total FORT DEARBORN LIFE $898.69 Unpaid G & K TEXTILELEASING SYSTEM M E 101 -43100 -225 Uniforms $123.87 1043398376 UNIFORMS E 101 -41940 -390 Contracted Services $111.09 1043403332 MATS E 101 -43100 -225 Uniforms $135.31 1043403333 UNIFORMS E 101 -43100 -225 Uniforms $115.19 1043408233 UNIFORMS E 101 -41940 -390 Contracted Services $111.09 1043413195 MATS E 101 -43100 -225 Uniforms $139.03 1043413196 UNIFORMS Total G & K TEXTILE LEASING SYSTEM $735.58 Unpaid GOPHER STATE ONE -CALL INC E 250 -42410 -310 Miscellaneous $114.85 7020693 LOCATE TICKETS Total GOPHER STATE ONE -CALL INC $114.85 Unpaid GRAINGER E 206 -43100 -501 Equipment $321.10 9299034745 3 IN WIDTH TAPE E 206 -43100 -501 Equipment $753.52 9304071153 STEEL WORK PLATFORM Total GRAINGER $1,074.62 ... ........ _ .............._......._....... Unpaid HYDRO METERING TECHNOLOGY INC E 601 -49400 -203 Supplies - General $20,763.24 35596 -IN METERS Total HYDRO METERING TECHNOLOGY INC $20,763.24 Unpaid JES SICA STO CKAMP E 101 -42150 -310 Miscellaneous $211.98 POLICE COMM CANOPY E 101 -45300 -310 Miscellaneous $211.98 HERITAGE CANOPY E 101 -45250 -310 Miscellaneous $211.97 PARK & REC CANOPY E 101 - 45250 -440 Recreation Programming $63.31 EASTER EVENT - STAMPS Total JESSICA STOCKAMP $699.24 Unpaid�� JONATHAN ATHAN PEDERSON . � �� E 702 -41400 -310 Miscellaneous $1,500.00 9014 OGDEN DRIVEWAY ESC REF Total JONATHAN PEDERSON $1,500.00 mensn� w+�•ermiY +,e*a¢wn- mmvrnaxe�w+ Wr» rwewma� .uvv',wvm�s..v.+w«w.Wwaw,�mm Unpaid KITTREDGE CROSSING ASSOC. R 601 -37150 WATER SALES $31.00 W/S REFUND - #22800 -01 R 601 -37150 WATER SALES $26.49 W/S REFUND #22780 -00 Total KITTREDGE CROSSING ASSOC. $57.49 war-, ., -� LAND TITLE INC. E 441 -43100 -204 insurance $2,250.00 TITLE INSURANCE Total LAND TITLE INC. $2,250.00 Unpaid MENARDS E 101 -43100 -310 Miscellaneous $148.89 41848 ROCK SALT FOR SOFTENER E 101 - 43100 -402 Repairs /Maint Buildingss $38.89 42965 TEES & ADAPTERS Total MENARDS $187.78 Unpai MINNESOTA COPY 1 YSTEMS E 101- 41400 -413 Office Equipment Rental $175.95 156501 COPIER/COPIES Total MINNESOTA COPY SYSTEMS $175.95 - v MINNESOTA TRUCKING ASSOCIATION Unpaid E 101 - 43100 -360 Education/Training /Conferences $150.00 DON MASS - VEH INSP CERT CLASS CITY OF OTSEGO 03/21/07 2:46 PM Page 4 *Check Detail Register© MARCH 2007 Check Amt Involce Comment Total MINNESOTA TRUCKING ASSOCIATION $150.00 Unpaid NAPA OF ELK RIVER INC ..., --..,,, �,. .,..,.- ...,,.,,m..,,._,...,,`. ...�..,.�.�- .�..�. -.._ _ ....� E 101 -43100 -210 Operating Supplies (GENERAL) $21.19 268938 SIGNAL E 101 -43100 -220 Repair /Maint Supply (GENERAL) $276.74 270172 BATTERY E 101 -43100 -210 Operating Supplies (GENERAL) $10.42 270443 BATTERY E 101 -43100 -210 Operating Supplies (GENERAL) $358.91 270897 GREASE, COUPLERS, ADAPTERS E 101 -43100 -210 Operating Supplies (GENERAL) $71.89 270899 ADAPTER, COUPLER E 101 - 43100 -220 Repair /Maint Supply (GENERAL) $74.54 272178 GOLD SEAL E 101 -43100 -210 Operating Supplies (GENERAL) $31.97 272472 NUTS & BOLTS E 101 -43100 -210 Operating Supplies (GENERAL) $14.89 272616 BLADES E 101 -43100 -220 Repair /Maint Supply (GENERAL) $29.87 273375 FITTINGS Total NAPA OF ELK RIVER INC $890.42 Unpaid NOVA COMMUNICATIONS E 441 -43100 -530 Improvements Other Than Bldgs $215.00 17933 PHONE WORK Total NOVA COMMUNICATIONS $215.00 Unpaid OFFICEMAX E 101 -43100 -203 Supplies - General $69.20 172826 OFFICE SUPPLIES E 101 -41400 -201 Office Supplies $329.91 172826 OFFICE SUPPLIES E 101 -41400 -570 Office Equip and Fumishings $702.89 426091 4 DRWR LATERAL FILE Total OFFICEMAX $1,102.00 Unpaid PEOPLE SERVICE INC. E 601 - 49400 -390 Contracted Services $4,840.72 11641 MONTHLY SERVICE E 602 -49450 -390 Contracted Services $10,724.28 11641 MONTHLY SERVICE Total PEOPLE SERVICE INC. $15,565.00 Unpaid PITNEY BOWES E 101 - 41400 -413 Office Equipment Rental $351.00 POSTAGE METER Total PITNEY BOWES $351.00 U npai d �. .. - PITNEY BOWES SUPPLIES Unpaid E 101 -41400 -203 Supplies - General $98.48 5500226804 PSTG MTR INK CARTRIDGE Total PITNEY BOWES SUPPLIES $98.48 Unpaid �� QUICK FUEL FLEET SERVICES E 101 -43100 -202 Gas & Oil $690.70 66959 GAS E 101 -43100 -202 Gas & Oil $1,307.53 66959 DIESEL Total QUICK FUEL FLEET SERVICES $1,998.23 Unpaid SOFTRONICS E 206 - 43100 -570 Office Equip and Fumishings $1,366.66 2204 PW - LABOR E 250 -42410 -390 Contracted Services $170.84 2204 BLDG - LABOR E 250 - 42410 -201 Office Supplies $82.97 2204 BLDG - ANTI VIRUS E 206 -43100 -570 Office Equip and Fumishings $5,304.55 2204 PW - COMPUTERS & ACCESSORIES E 602 -49450 -390 Contracted Services $85.41 2204 W/S - LABOR E 601 -49400 -390 Contracted Services $85.41 2204 W/S - LABOR E 101 -41600 -390 Contracted Services $170.84 2204 FIN - LABOR E 101 -41400 -390 Contracted Services $170.84 2204 ADMIN - LABOR E 101 -41400 -201 Office Supplies $41.48 2204 ADM - ANTIVIRUS Total SOFTRONICS $7,479.00 Uripaid -, �. a „KK SPRINT E 250 -42410 -320 Telephone $205.11 LAP TOP SERVICE Total SPRINT $205.11 CITY OF OTSEGO 03/21/07 2:46 PM Page 5 *Check Detail Register@ MARCH 2007 Check Amt Invoice Comment Unpaid TOM SHERMAN E 101 -43100 -240 Small Tools $192.40 199452 PLIERS SET, CUT OFF TOOL Total TOM SHERMAN $192.40 U np aid P �- s,tff..z TOSHIBA AMERICA INFO SYS INC E 101 - 41400 -413 Office Equipment Rental $211.83 46678390 TOSHIBA COPIER Total TOSHIBA AMERICA INFO SYS INC $211.83 "a_ ,g,Na TROPHIES PLUS Unpaid E 101 -42150 -310 Miscellaneous $9.05 ENGRAVE - POLICE COMM NAME PLA Total TROPHIES PLUS $9.05 Unpaid WRIGHT COUNTY AUDITOR - TREASURE E 101 -42100 -390 Contracted Services $50,856.67 PATROL -07 -3 MARCH SHERIFF PATROL Total WRIGHT COUNTY AUDITOR - TREASURE $50,856.67 E 101 -43160 -322 Utilities $140.86 MAR 51 -45503 8899 NASHUA AVE E 602 -49450 -322 Utilities $39.48 MAR 51 -75095 LIFT STATION #5 Total XCEL ENERGY $180.34 Unpaid ZARNOTH BRUSH WORKS INC E 101 - 43100 -210 Operating Supplies (GENERAL) $869.04 110627 GUTTER BROOM Total ZARNOTH BRUSH WORKS INC $869.04 10100 BANK OF ELK RIVER $144,493.40 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $69,980.58 206 CAPITAL EQUIPMENT REVOLVING $8,212.99 250 BUILDING PERMIT FEES $1,384.42 413 1998 ODEAN PROJECT $2,135.78 430 West Trtmnt Plant -Phase 1 $6,076.06 432 East WWTP Phase III $3,427.46 441 Otsego City Campus $8,663.67 444 SE Utilities Project $1,155.85 601 WATER FUND $26,255.55 602 SEWER FUND $15,701.04 702 BUILDERS ESCROW FUND $1,500.00 $144,493.40 ITEM 5_2 CITY OF OTSEGO PARK & RECREATION COMMISSION MEETING MINUTES FEBRUARY 7, 2007 7:00 PM Call to Order: The meeting was called to order at 7:00 PM. Roll Call: Commissioners: Aaron Stritesky, Kathy Roberts, Mike Brumm, Russ Langer, Beverly Kumar, Rob Miller, and Peter Torresani. Absent: Rose Cassady. Council Members: Jessica Stockamp and Mark Thorsted. Staff: Brad Belair. 1. Agenda Approval Motion by Commissioner Torresani, seconded by Commissioner Roberts, moved to approve the agenda. Motion carried 7 -0. 2. Approval of January 10, 2007 Minutes Motion by Commissioner Roberts, seconded by Commissioner Kumar to approve the January 10, 2007 minutes. Carried 7 -0. 3. Discussion of City Parks with the Public Works Director Brad Belair Commissioners were informed by Mr. Belair that 80% of the three new parks are complete, with Beaudry Meadows being the farthest from being complete. Irrigation still needs to be done in Beaudry Meadows. In addition, Mr. Belair said that seeding and some sodding will be completed mid May, which means that there should be turf by June. Mr. Belair said that they will have two temporary full-time summer (June to August) maintenance employee position openings that will help maintain the parks. He's also looking into some other options such as "Adopt -a- Park ", Scouts and volunteers to help specifically with maintaining parks. A flagpole is being placed in Prairie Park, as is a drinking fountain. Lily Park is the only park without a well. Mr. Belair said that the city will soon have a computer and software to generate signs for city events. He also suggested the commission create a "standard" for city park signs. Commissioners asked him about the sign that was constructed for School Knoll Park by TJ Nauls as his Eagle Scout project. Mr. Belair said that he would be willing work with Eagle Scouts in the future to create more signs for parks. When asked about storage in the new maintenance building, Mr. Belair said that there were a few different places that the Park and Recreation Commission could use to store seasonal event items. Commissioners thanked Mr. Belair for great job he does with maintaining the parks. 4. City Update Council Members Stockamp and Thorsted updated Commissioners on Bob's Produce progress, Highway 101 construction and the proposed gravel mine application that the Planning Commission denied. 5. Discussion of Easter Egg Event Commissioners reviewed the plans and responsibilities for the Easter Egg Event. The date and time of the Easter Egg Event was confirmed; Saturday, March 31, 2007 from 11 AM until 1 PM. Commissioners will meet on Friday, March 30th at City Hall to prepare for the Easter Egg Event. 6. Other Business No other business. Adjournment: Commissioner Kumar moved, seconded by Commissioner Lander, to adjourn at 8:50 PM. Motion carried 7-0 Minutes by Commissioner Beverly Kumar ITEM 5_3 Otsego Police Commission Minutes January 9, 2007 Present: Jeff Stimac, Sgt. Butch Darsow, Edgar Pearsall, Jane Theisen, Sandy Michaelson, Joel Torkelson, Tom Carter, Jessica Stockamp Meeting was called to order at 6:35 PM. Agenda was approved unanimously as amended. September minutes were approved unanimously. December minutes were approved unanimously. Open Forum A citizen had expressed concern over being stopped for not stopping at a stop sign. No citation had been issued. Old Business 1. Sheriffs Report -- Damage was reported at the new construction in the development on the Albertville border. —An arrest was made in the attempted homicide from approximately 2 weeks ago. - -New shift assignments are out from the Sheriffs office. All the Deputies currently working the Otsego area will stay in the same patrol area. 2. Mailbox Issue - -A letter has been sent to the Postmaster. We have not heard anything back at this point. 3. Restaurant Tents —Rogers Printing is willing to donate their time and supplies to print 1000 table tents. We are tentatively planning on doing information on drugs as well as Radon gas. Joel will check with his office to see if they have any information already organized on these terms. Our goal is to have this in place by March. Sandy will check with the area businesses to see if they have any interest in this program. 4. Website Information Update. Joel will check with Barb to see what needs to be updated on the site. ITEM 5 -4 Otsego Police Commission Minutes February 13, 2007 Present: Jane Theisen, Jeff Stimac, Linda Lewis, Denise Andrusko, Dep. Sturm, Edgar Pearsall, Jessica Stockamp Meeting was called to order at 6:37 PM. Agenda was approved unanimously. Open Forum Melora Kopp expressed concerns over the proposed gravel pit. She shared several safety concerns and issues. Some of our current roads are not built to accommodate the trucks that would be used. The school bus traffic would also be affected by the truck traffic. These issues would pull the area deputies away from the rest of the city. Parking Issues. Cold Stone Creamery had issues with parking warnings that were issued. Cars were parking in the driving lanes. Additional Police Coverage. Additional coverage will start on July 1. A recommendation will be formally presented to the City Council to have the additional coverage around the hours of 6:30 PM -2:30 AM. These are the hours that citizens have expressed concerns with. 911 Issues. 911 Cell phone calls automatically go to the Minnesota State Patrol then to Sherburne County even if you are in Wright. This is because the majority of the cell towers are in Sherburne. You need to tell them where you are. Information will be put in the Otsego View. Old Business 1. Sheriff s Report - No significant changes or new information at this time. 2. Mailbox Issue - No response back from the Postmaster. Another letter from the Mayor will be drafted. City staff will determine if the letter is getting to the correct person/department. 3. Restaurant Tents - Tabled until Joel is back. New Business National Nite Out. Jane has received information and will be inquiring about other information that is available at this time. Council Reports January 22 Edgar stated that there was nothing of any significance to our Commission. February 12 Jane stated that there was a lot of discussion concerning the proposed gravel pit. (Discussed in our open forum) Council Assignments February 26 - Edgar March 12 Denise Meeting was unanimously adjourned at 8:00 PM. *Next meeting is March 13, 2007. Consent Agenda 3/26/07 City of Otsego Project Project Name Pay Estimate # No. Contractor Amount 65 St. Dual Force Main 3 06 -14 S.R. Weidema $133,106.80 Test Well #8 2 06 -05 Traut Wells, $11,193.38 Inc. CSAH #42 Traffic Signals 3 06 -12 Killmer $120,735.12 Electric Water Tower #3 1 06 -02 Pittsburg Tank $185,725.00 and Tower Total $450,760.30 IT EM 5_5 PAY ESTIMATE #3 CONTRACTOR CITY OF OTSEGO Dual Forcemain along N.E. 65th Street, Improvement No. 06 -14 Date: March 16, 2007 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Dual Forcemains along N.E. 65th Street, Improvement Project No. 06-14 Contractor: S.R. Weidema, Inc. Contract Amount $1,156,076.50 Award Date: September 14, 2006 Completion Date: July 1, 2007 Dear Honorable Mayor and Council Members The following work has been completed on the project by S.R. Weidema, Inc. Bid Schedule "A" -Street Construction ITEM ESTIMATED CONTRACT UNIT USED TO NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION 1 Mobilization 1 LS 85,250.00 $ 5,250.00 0.9 $ 4,725.00 2 Traffic Control 1 LS $3,000.00 $ 3,000.00 0.75 $ 2,250.00 3 Salvage and Reinstall Sign 2 EACH $200.00 S 400.00 $ - 4 Saivage and Reinstall Fence 100 LF $30.00 $ 3,000.00 $ - 5 Granular FM 300 TON $11.00 $ 3,300.00 $ - 6 Class 5 Aggregate Base (7" Depth) 590 TON $13.00 $ 7,670.00 100.54 $ 1,307.02 7 Sit Fence, Type Machine Shoed 1,900 LF $2.50 $ 4,750.00 100 $ 250.00 Total Bid Schedule "A" $ 27,370.00 $ 8,532.02 Bid Schedule "B" - Sanitary Sewer Forcemain ITEM ESTIMATED CONTRACT UNIT USED TO NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION 12" Plastic Pipe Forcemain Installed by Horizontal 8 Directional Driling 8050 LF 847.10 $ 379,155.00 7668 $ 361,162.80 16" Plastic Pipe Forcemain Installed by Horizontal 9 Directional Driing 7725 LF $76.40 1 590,190.00 5392 $ 411,948.80 10 12" DIP Class 52 Sewer Pipe 110 LF $37.15 $ 4,086.50 60 $ 2,229.00 11 16" DIP Class 52 Sewer Pipe 110 IF $54.00 $ 5,940.00 20 $ 1,080.00 12 8" Gate Valve wNabre Box 4 EA $1,260.00 $ 5,040.00 2 $ 2,520.00 13 12" Gate Valve w1 Valve Box 6 EA $2,100.00 $ 12,600.00 3 $ 8,300.00 14 16" Gate Valve wl Valve Box 6 EA $5,300.00 $ 31,800.00 3 $ 15,900.00 15 DIP Fittings 2500 LBS 12.50 $ 6,250.00 3595 $ 8,987.50 12" x 8" Cleanout Assembly - Includes all DIP 16 pipe, fittings and labor (valves paid separately) 2 EA $3,000.00 $ 6,000.00 2 $ 6,000.00 16" x 8" Cleanout Assembly - Includes all DIP 17 pipe, fittings and labor (valves paid separately) 2 EA $3,540.00 $ 7,080.00 1 $ 3,540.00 72" Diameter Air Vahre Manhole - Includes Combination Air Valve, Ball Valve and associated 18 fittings and labor 8 EA 89,030.00 $ 72,240.00 4 $ 36,120.00 19 Connect to Existing Forcemain 3 EA $2,775.00 $ 8,325.00 1 $ 2,775.00 Total Bid Schedule "B" $ 1,128,708.50 $ 858,563.10 Bid Schedule "A" $ 27,370.00 $ 8,532.02 Bid Schedule "B" $ 1,128,706.50 $ 858,563.10 TOTAL $ 867,095.12 Total Work Completed to Date $ 887,095.12 LESS 5% RETAINAGE: $ 43,354.76 LESS PREVIOUS PAY ESTIMATE NO. 1 $ 102,235.87 LESS PREVIOUS PAY ESTIMATE NO. 2 $ 588,397.70 WE RECOMMEND PAYMENT OF: $ 133,106.80 ot832pe.xls PE - 1 PAY ESTIMATE #3 CONTRACTOR CITY OF OTSEGO Dual Forcemain along N.E. 65th Street, Improvement No. 06 -14 APPROVALS: CONTRACTOR: S.R. WEIDEMA, INC. Certifi • on by Contractor: I certify that all items and amounts are correct for the work completed to date. Signed: Title:��, Date b9/o 7 ENGINEER: HAKANSON ANDERSON ASSOCIATES, INC. Certification by Engineer: W- r= • mend payment for work and quantities as shown. Signed. _ / /J Title: Ira. At Date 3 _20 7 OWNER: CITY OF OTSEGO Signed: Title: Date ot632pe.xls PE - 2 ITEM 5_6 PAY ESTIMATE #2 CONTRACTOR CITY OF OTSEGO Test Well No. 8 Date: March 19, 2007 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Test Well No. 8 Contractor Mark J Traut Weis, Inc. Contract Amount $58,320.00 Award Date: October 27, 2006 Dear Honorable Mayor and Cour>cd Members: The following work has been completed on the above -mod project by Mark J Trout Wells, Inc. Bid Schedule "A" - Test Boring ITEM ESTIMATED CONTRACT UNIT USED TO NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION 1 Mo68ization & Demobilization 1 LS $ 8,915.00 $ 8,915.00 1 $ 8,915.00 2 Drill & Drive 10" Casing 130 LF $ 75.00 $ 9,750.00 118 $ 8,850.00 3 Drill 10" Open Hole 300 LF $ 35.00 $ 10,500.00 259 $ 9,065.00 4 Furnish & Install 6" Steel Casing 430 LF $ 22.00 $ 9,480.00 375 $ 8,250.00 5 Drug 6" Open Hole Thru ML Simon 80 LF i 25.00 $ 2,000.00 65 $ 1,625.00 6 Gamma Log and Report 1 LS $ 1,150.00 $ 1,150.00 1 $ 1,150.00 7 Furnish, Install & Remove Test Pump 1 LS $ 1,600.00 $ 1,600.00 1 $ 1,600.00 8 Operate Test Pear* 24 HR $ 100.00 $ 2,400.00 21 $ 2,100.00 9 Water Test (Bact, Nit, Radionuculicldes) 1 LS $ 850.00 $ 850.00 1 $ 850.00 10 Seal (Grout) Open Annulus 10" x 6" 4 CY $ 355.00 $ 1,420.00 8.5 $ 2,307.50 11 Abandon 6' Test Well 5 CY $ 355.00 $ 1,775.00 $ Extra Water Sampling (Long Menu) from FIG formation duping the borhg to the Mt. Simon 12 Fomiatlon 1 LS $ 1,900.00 $ 1,900.00 1 $ 1,900.00 Total Bid Schedule "A" $ 51,720.00 $ 48,812.50 Bid Schedule "B" - FIG Zone Tests ITEM ESTIMATED CONTRACT UNIT NO. ITEM DESCRIPTION QUANTITY TO QUANTITY UNR PRICE CONTRACT AMOUNT DATE EXTENSION 13 Clean Out Bore Hole lids Clean Enough to Pump 3 HR $ 325.00 $ 975.00 3 $ 975.00 Remove DM Rods to Allow for Instillation of 14 Pump 2 HR $ 325.00 $ 650.00 2 $ 650.00 Furnish, Install & Remove Test Pwnp and Set Up 15 Generator 1 LS $ 1,600.00 $ 1,600.00 1 $ 1,600.00 16 Operate Test Pump 24 HR $ 100.00 $ 2,400.00 6.75 $ 675.00 17 Install Data Recorders In 4YIS8 No. 3 1 EA $ 325.00 $ 325.00 1 $ Reinsta8 Drill Rods to ow for Continue Down to 325.00 All 18 Mt. Sinn 2 HR $ 325.00 $ 650.00 2 $ 650.00 Total Bid Schedule "B" $ 6,600.00 $ 4,876.00 Bid Schedule "A" $ 51,720.00 $ 46,612.50 Bid Schedule "B" $ 6,600.00 $ 4,875.00 TOTAL Total Work Completed to Date $ 51,487.50 LESS 5% RETAINAGE: $ 51,487.50 LESS PAY ESTIMATE NO. 1: $ 2,574.38 $ 37,719.75 WE RECOMMEND PAYMENT OF: 5 11,193.38 °t5 As PE - PAY ESTIMATE #2 CONTRACTOR CITY OF OTSEGO Test Well No. 8 APPROVALS: CONTRACTOR: MARK J TRAUT WELLS, INC. Certification by Contractor. I certi all items and amounts are correct for the work completed to date. Signed:A Title: WAWA el. `MGR Date 3 - ENGINEER: HAKANSON ANDERSON ASSOCIATES, INC. Certification by Engineer: W= reco - end payment for work and quantities as shown. Sign- 41 Title:L ry A - Date 4/412.107 OWNER: CITY OF OTSEGO Signed: Title: Date ot522twPE.xls PE - 2 ITEM 5_7 PAY ESTIMATE #3 CONTRACTOR CITY OF OTSEGO CSAH #42 Traffic Signal Improvement Project No. 06 -12 egarch 14, 2007 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: CSAH #42 Traffic Signals, Improvement Project No. 06-12 Contractor. Kilmer Electric Co., Inc. Contract Amount ;399,130.00 Award Date: September 11, 2006 Completion Date: November 15, 2007 Dear Honorable Mayor and Council Members: The following work has been completed on the above - referenced project by Milner Electric Co., Inc. through March 10, 2007. Bid Schedule "A" - Traffic Control Signal System ITEM ESTIMATED CONTRACT UNIT USED TO NO- ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION 1 Ful T Act T Control Signal System (at 85th Street) 1 SIG SYS $148.830.00 $ 148,830.00 1.0 $ 148.830,00 2 Full T Act T Control Signal System (at 87th Street) 1 SIG SYS 8143,120.00 $ 143,120.00 1.0 $ 143,120.00 3 Revise Signal System (at CSAH 839) 1 SIG SYS $90,850.00 $ 90,850.00 0.9 $ 81,765.00 4 Traffic Control Interconnection 1 LS 818,330.00 $ 16,330.00 0.9 $ 14,897.00 $ 399,130.00 $ 388.412,00 Bid Schedule "B" Change Order 81 1 5 (System Revisions 1 1 1 LS 1 $7.301.111 $ 7.301.11 1 1.0 1$ 7.301.11 1 Bid Schedule "A" $ 406,431.11 $ 395.713.11 r'AL $ 395,713.11 Total Work Completed to Date $ 395,713.11 LESS 5% RETAINAGE: $ 19,785.66 LESS PAY ESTIMATE #1: $ 103,569.95 LESS PAY ESTIMATE #2 151,622.38 WE RECOMMEND PAYMENT OF: $ 120,735.12 APPROVALS: CONTRACTOR: KILLMER ELECTRIC CO., INC. Certificaatio Contractor I that alt items and amounts are correct for the work completed to date. Signed: _ 0 , . �i►�.t � A-4-1"... Title: 01 e Date 3 - -)T 'Cf `7 ENGINEER: HAKANSON ANDERSON ASSOCIATES, 1NC. Certificati by Engineer recommend payment for work and quantities as shown. Signed: • � L 7 Title: _ . _ _ I. � - ._ —, .- - Date •� -� - � OWNER: CITY OF OTSEGO )Ned: Aket *NZ.J ICE..:ti SaZig., i1-7 PE - 1 KILLMER ELECTRIC CO., INC. DATE: 3 -12 -07 5141 LAKELAND AVE. NO. APPL. #: THREE CRYSTAL, MN 55429 (763) 425 -2525 BILL TO: CITY OF OTSEGO PROJECT: CSAH 42 TRAFFIC SIGNALS 8899 NASHUA AVE NE OTSEGO, MN 55330 PROJECT #: 06 -12 WORK PERFORMED FROU 1 -18 -07 TO 3-12 -07 CONTRACT BILLED PREVIOUSLY BILLING TO DATE ITEM NO. DESCRIPTION UNIT UNIT PRICE QTY. AMOUNT QTY. AMOUNT QTY. AMOUNT 1 FULL T ACTT SIGNAL AT 85TH ST SYST $148,830.00 1 $148,830.00 0.8 $119,064.00 1 $148,830.00 2 FULL T ACTT SIGNAL AT 87TH ST SYST $143,120.00 1 $143,120.00 0.8 $114,496.00 1 $143,120.00 3 REVISE SIGNAL AT CSAH 39 SYST $90,850.00 1 $90,850.00 0.35 $31,797.50 0.9 $81,765.00 4 TRAFFIC CONTROL INTERCONNECT LS $16,330.00 1 $16,330.00 0.2 $3,266.00 0.9 $14,697.00 CONTRACT AMOUNT $399,130.00 SUBTOTAL $388,412.00 Less 5% RETAINAGE $19,420.60 SUBTOTAL $368,991.40 LESS PREV BILLINGS $255,192.33 DUE THIS BILLING $113,799.07 ITEM 5_6 PAY ESTIMATE #1 Engineer CITY OF OTSEGO ELEVATED WATER STORAGE TANK AND TOWER #3 Date: March 15, 2007 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Elevated Water Storage Tank and Tower #3 Contractor. Pittsburg Tank and Tower Company Contract Amount: $2,061,000.00 Award Date: October 25, 2006 Completion Date: December 14, 2007 Dear Honorable Mayor and Council Members: The following work has been completed on the above - referenced project by Pittsburg Tank and Tower Company. Bid Schedule "B" - Alternate Bid ITEM ESTIMATED CONTRACT UNIT USED TO NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION Provide foundation design prepared by Professional Engineer licensed in the State of Minnesota, based on 1 loading data in Division 13. 1 LS $10.000.00 $ 10,000.00 1 $ 10,000.00 Provide steel tank & tower design, including anc prepared by Professional Engineer licensed in the State of 2 Minnesota based on the plans and spedflcations. 1 LS $10,000.00 $ 10,000.00 1 , $ 10,000.00 Construct tank & tower foundation including excavation, 3 concrete. bacip, and anchorage per approved design. 1 LS $290,000.00 $ 290,000.00 0.6 $ 174,000.00 Furnish and Install piping, Including watermain, riser & overflow, valves, fittings, hydrant, and insulation per plans 4 and speuaficaflons. 1 LS $25.000.00 $ 25.000.00 $ Furnish and erect the 1,000,000 gallon fluted pillar elevated water tower and tank including all appurtenances 5 as provided on plans and specifications. 1 LS $1.243.000.00 $ 1.243.000.00 $ - Furnish and apply coatings on the steel surfaces of the 8 fluted pillar elevated water tower and tank as specified. 1 LS $250.000.00 $ 250,000.00 $ Furnish and install ell and control devices as 7 provided for in the plans and specifications. 1 LS $30,000.00 $ 30,000.00 $ - 8 Mobilization and Demob0zation. 1 LS $20,000.00 $ 20.000.00 $ Furnish and apply coatings for logo on the water tank as 9 shown on the plans and as specified. 1 LS $5.000.00 $ 5,000.00 $ - 10 Exterior Containment System. 1 LS $100,000.00 $ 100,000.00 $ AN site work including, stripping, excavation, import and compacting of borrow material, sub -base material and aggregate base, placement of bituminous materials, concrete orb and gutter, and construction of concrete 11 splash pad, apron and sidewalk. 1 LS $15,000.00 $ 15,000.00 $ Erosion Control items such as bale check, silt fence and 12 rock construction entrance. 1 LS $3,000.00 $ 3,000.00 0.5 $ 1,500.00 13 Importing and placing topsoil. 1 LS $8,000.00 $ 8,000.00 $ - 14 Excavation and disposal of all excess sod materials. 1 LS $50.000.00 $ 50.000.00 $ - 15 Ail restoration. Including seed ng, fertilizing and mul 1 LS $2,000.00 $ 2,000.00 $ - S: MunicipaMOTSEGOO5211Pay EstImates1ot521PE PE -1 PAY ESTIMATE #1 Engineer CITY OF OTSEGO ELEVATED WATER STORAGE TANK AND TOWER #3 :hange Order No. 1 ITEM ESTIMATED CONTRACT UNIT NO. ITEM DESCRIPTION USED TO QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION Decrease amount of excavation and disposal of excess 1 soil material (Decrease to Bid Schedule "B" - Item No. 14) 1 LS ($30,000.00) $ (30,000.00) $ Delete the Exterior Containment System (Decrease to Bid 2 Schedule "B" - Item No. 10) 1 LS ($100,000.00) $ (100,000.00) $ Revise type, size and model of spotlights and poles 3 (Increase to Bid Schedule "B" - Item No. 7) 1 LS $2,800.00 $ 2,800.00 $ - Total Original Bid Schedule "B" $ 2,061,000.00 $ 195,500.00 Change Order No. 1 $ (127,200.00) $ TOTAL $ 1,933,800.00 $ 195,500.00 Total Work Completed to Date 195,500.00 LESS 5% RETAINAGE: S 9,775.00 WE RECOMMEND PAYMENT OF: $ 185,725.00 APPROVALS: CONTRACTOR: PITTSBURG TANK AND TOWER Certification by tractor: I certify that all items and amounts are correct for the work completed to date. Signed: om. Title: 4? Date 3//9/6 _NGINEE HAKANSON ANDERSO SSOCIATES, INC. Certifi n by F a reco nd ayment for work and quantities as shown. Signed: C - Title: ?re31 ( L 4 Date 3 OWNER: CITY OF OTSEGO Signed: Title: Date • S:1MunicipaMOTSEGO\5211Pay Estimates ot521 PE PE - 2 I Bonestroo 2335 West Highway 36 • St Paul, MN 55113 I I 1[11 J Rosene Office: 651-636-4600 • Fax: 651-636-1311 Anderlik & www.bonestroo.com Associates Engineers & Architects March 14, 2007 City of Ots.ego 8899 Nashua Avenue NE Otsego, MN 55330-7314 Re: Services rendered January 21, 2007 through March 3, 2007 Please find enclosed our invoices dated March 14,2007; for the projects listed below. These invoices are due within 30 days. Project Name invoice No. Amount 0005034)2107-0 WWTF, West, Phase 1 141336 $1,870.46 000503-04108-0 WWTF, East, Phase 3 141337 $6,076.06 Total Amount Due: $7,946.52 Thank you for allowing us to provide our services to your commtmity. If you have questions regarding these invoices, please contact me at 651-636-4600. Sincerely, BONESTROO, ROSENE, ANDERLJK & ASSOCIATES, INC. 4 Karen A. Cavett Project Manager Enclosures St. Paul, St. Cloud, Rochester, Willmar, MN • Milwaukee, WI • Chicago, IL • Affirmative Action/Equal Opportunity Employer and Employee Owned Bonestroo 2335 West Highway 36 Rosene St. Paul, MN 55113 Anderlik & Office: 651 -636 -4600 • Fax 651 -636 -1311 Associates www.bonestroo.com Engineers & Architects March 14, 2007 Invoice No 141336 City of Otsego 8899 Nashua Ave NE Invoice Amt: $1,87046 Otsego, MN 55330 -7314 Project 000503- 02107 -0 Otsego Wastewater Treatment Facility, West, Phase 1 Professional Services from January 21, 2007 to March 3, 2007 Construction Admin Hours Rate Am Project Manager 3.50 122.00 427.00 Project Technician 30 63.00 3130 Total Labor 4.00 45830 Total this Phase $458.50 Change Orders Hours Rate Amount Project Manager .75 135.00 10125 Project Technician .50 52.50 26.25 Total Labor 1.25 127.50 Total this Phase $127.50 Start -up and Project Cert Polymer line location, application and drawing Hours Rate Amount Project Manager 7.50 135.00 1,012.50 Total Labor 7.50 1,012.50 Total this Phase $1,012.50 Project Closeout Hours Rate Amount Engineering Technician 1.50 93.00 139.50 Project Technician 1.00 63.00 63.00 • St. Paul, St. Cloud, Rochester, MN • Milwaukee, WI • Chicago, IL �� • Project 000503-02107-0 Otsego Wastewater Treatment Facility, Irtvoice 141336 West, Phase 1 Total Labor 2.50 202.50 Total this Phase $202.50 Direct Project Expenses Delivery 25.06 Mileage 4440 Total Direct Project Expenses 6946 Total this Phase $69.46 Total this Invoice $1,870.46 Billings to Date Current Piior Total Fee 0.00 306,800.00 306,80000 Hourly 1,801.00 417,349.38 419,150.38 Consultant 0.00 8,132.41 8,132.41 Expenses 6946 19,853.78 19,92324 Totals 1,870.46 752,135.57 754,006.03 • St. Paul, St. Cloud, Rochester, MN • Milwaukee, WI • Chicago, IL Page 2 Bonestroo 2335 West Highway 36 Rosene St. Paul, MN 55113 Anderlik & Office: 651- 636 -4600 • Fax 651 -636 -1311 Associates www.bonestroo.com Engineers & Architects March 14, 2007 Invoice No: 141337 City of Otsego 8899 Nashua Ave NE Invoice Amt: $6,076.06 Otsego, MN 55330 -7314 Project 000503- 04108 -0 Otsego, MN - East Wastewater Treatment Facility, East, Phase 3 Professional Services from January 21, 2007 to March 3, 2007 Construction Admire Hours Rate Amount Project Manager 9.00 135.00 1,215.00 Project Manager 6.00 122.00 732.00 Project Technician 1.50 63.00 9430 Project Technician 1.00 52.50 52.50 Total Labor 17.50 2,094.00 Total this Phase $2,094.00 O&M Manuals Hours Rate Amount Project Manager 4.00 122.00 488.00 Total Labor 4.00 - 488.00 Total this Phase $488.00 Inspection Hours Rate Amount Field Supervisor 4.00 108.00 432.00 Total Labor 4.00 432.00 Total this Phase $432.00 Project Closeout Hours Rate Amount Project Manager 7.50 135.00 1,012.50 Inspector 21.00 76.00 1,596.00 • St. Paul, St. Cloud, Rochester, MN • Milwaukee, WI • Chicago, IL Project 000503-04108-0 Otsego, MN - East Wastewater Treatment Invoice 141337 Facility, East, Phase 3 Total Labor 28.50 2,608.50 Total this Phase $2,608.50 Record Plan Hours Rate Amount Engineering Technician 1.50 93.00 139.50 Project Tedmician 1.00 63.00 63.00 Total Labor 2.50 202.50 Total this Phase $202.50 Direct Project Expenses Mileage 22581 . . Prmiang 25.25 Total Direct Project Expenses 251.06 Total this Phase $251.06 Total this Invoice $6,076.06 • Billings to Date Current Prior Total Fee 0.00 381,000.00 381,000.00 Hourly 5,825.00 479,424.27 485,249.27 Consultant 0.00 4,543.95 4,543.95 Expenses 251.06 23,653.12 23,904.18 Totals 6,076.06 888,621.34 894,697.40 • St. Paul, St. Cloud, Rochester, MN • Milwaukee, WI • Chicago, IL Page 2 ITEM 6 _1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2007 -17 RESOLUTION ADOPTING ADDITIONAL ASSESSMENT OF $56,910.46 FOR FRONTAGE ROAD IMPROVEMENTS PREVIOUSLY NOT ASSESSED, MISSISSIPPI SHORES 6th, 7th and 8 ADDITIONS IN THE CITY OF OTSEGO WHEREAS, pursuant to proper notice duly given as required by law, the Otsego City Council has met and heard and passed upon all objections to the proposed additional assessment for the improvements on the property known as Mississippi Shores Frontage Road Improvement located in the City of Otsego. NOW THEREFORE, the City Council of the City of Otsego, Wright County, Minnesota, hereby resolves: 1. Such proposed additional assessment amount of $56,910.46 is broken down by property owner on the attached assessment table, which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in an amount greater than the assessment levied against it. 2. Such additional assessment shall be payable in equal installments extending over a period of 20 years, the first of the installments to be payable on or before the first Monday in January 2008, and shall bear interest at the rate of 6 percent ( %) per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Otsego, except that no interest shall be charged if the entire assessment is paid within 30 C:\Documents and SettingsUudy\Local Settings\Temporary Internet Files1Content1E5\GNF7MGTL ot360resadoptassessmentPart2 .dac days from the adoption of this resolution. The property owner may at any time thereafter, pay to the City of Otsego the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 4. The Otsego City Clerk shall forthwith transmit a certified duplicate of this assessment to the Wright County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Motion for adoption of the resolution by Seconded by at the meeting of the Otsego City Council on the day of March 2007. IN FAVOR: OPPOSED: CITY OF OSTEGO Larry Foumier, Mayor Judy Hudson, Clerk C:tDocuments and Settings\udy\Loca( Settings\Temporary Internet Files\ Content. IE5\ GNF7MGTL\ ot360resadoptassessmentPart2 .doc CITY OF OTSEGO M emo To: City Council From: Brad Belair Date: 322/07 Re: Sale of fuel tanks At the direction of the City Council I solicited bids for the sale of the old fuel tanks located at the old public works building. I received two bids from Beaudry Oil and Egan Oil. The bids are attached for you to review. • Page 1 FROM :Egan Oil FAX NO. :7634212658 Mar. 21 2007 11:23AM P1/2 rux ITU! rrnITTuI row) _____.... ee ORP. Phone: 7634210410 500 Bunker. Lake Blvd. Fax: 763.421.2658 Anoka, MN 55303 eganoil.com To: iM ,i11,r4t ft., A� From: L / n jji_1_.‘ flo etr of Gr - r ) G > biz_ `161 3669 Phone: 763.421.0410 Fax: 763.421.2658 Urgent eganoil.com For Review /1 Please Comment Date sent: 3/Z// Please Reply Time sent: i lc0 pi-- Number of pages including cover page: Message: /# pf -�°IfA - 7z) 1V- 0210- 9-aN4g 7R0 Cay is sa6.4 OP- GM bIL LOU-( k, Pk /7 4R- Au_ Apure iu is �. 1 i �Ah $y - ; Ar reams' pprc_ Poi ' ®_ 4s b%scd55c6 Of- lrP-A! - pieb rAci_- "AaDvers 7-a y bolz- pia 7r1A)'<, you_ (Amu_ Mt- 7 7xN 6/$ t'I z i ,a ( cm6., F7e ,) lom ma_ edu td ' Poifer 1 ° AA /A) IPA; - *L . -r,o g ; aI Ci- oSOR - && , 1" 114 ,1TtA1N€ia A- ml-- 8i0 s 141-- - . i ltlitA ii / n. FROM :Egan Oi1 FAX NO. :7634212658 Mar. 21 2007 11:23AM P2i2 Ite ==.7... 500 Bunker Lake Blvd. N. W. Anoka, MN 55303 '763.421.0410 . O � n � c�dn4crsgn t�i7c6anciil corn m March 21, 2007 Egan Oil Coip. respectfully submits the following quote to: City of Otsego Attn: Brad Belair Egan Oil will deliver fuel for two 5000 gallon tanks (unleaded & #2 dyed) as discussed, on a "keep-fill" basis, at a rate of the daily Rack Price on the day of delivery + $0.18 per gallon + applicable taxes and mandatory fees i.e. clean -up & inspection fees. No other fees/surcharges apply. Thank u, Daryl Andersen Building on the experience gained from 44 years in the oil business ITEM 7_1 Beaudry Beaudrv Proctor Avenue Elk River, MN 55330 (763)- 441 -2383 Oil Company P R O P A N E Y () 637 4117 rwx (788) 441 1688 www.beaudryail.com Mr. &ad Belair City of Otsego Public works 8899 N.E. Nashua Avenue Elk Rivm Mn. 55330 March 19, 2007 Mr. Belair, Beaudry Oil Company would like to bid on the purchase of the used fueling equipment located at the oW public works facility. The fuel and gasoline tanks were mauufacturtd in 1999. The used oil collection tank was manufactured in 2001. Reauudry Oil is offering a package bid price of S 3,000.00 with the following stipulations: 1. Beaudry Oil will transfer at no cost product in the fuel and gasoline ranks to the new public works facility storage. 2. The City of Otsego will empty the liquid from all three dikes. 3. The City of Otsego will have the product in the oil collection tank drained prior to pickup. 4. The City of Otsego will disenmlect the power supply to the ihel and gas pumps. 5. The city has agreed to load containment dikes on mucks or trailers. 6. Beaudry Oil will assume no liability fuel spills mound tanks. 7. Equipment purchase will include ranks, pumps, related tank equipment, containment dikes, and all present walkways, steps and railings. Thank you, Ai. Rick Stearns Stearns Bcaud,y Oil Commercial Fuels Department Diesel Fuels Gasoline • Fuel Oil • Propane • Motor OH 7 • d 1gR4- Tb ? -f7T41 gJoneaa uav Review No. 1 ENGINEERING REVIEW III Hakanson Commercial Subdivision Anderson for the City of Otsego Assoc., Inc. by Hakanson Anderson Associates, Inc. Submitted to: Honorable Mayor and City Council cc: Mike Robertson, Administrator Judy Hudson, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Ronald J. Wagner, P.E., City Engineer Robert Fields, LandCor, Inc. Richon Xiong, Land Funding I, LLC Metro Land Surveying & Engineering Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson Date: March 15, 2007 Proposed Development: Friendship Addition Street Location of Property: A portion of the northwest' of the north east % of Section 22, T121 N, R23W. The property is located south of CSAH 39 and west of CSAH 42. Applicant: LandCor Companies, Inc Developer: LandCor Companies, Inc 9325 Upland Lane N. Suite 300 Maple Grove, MN 55369 763 -463 -8800 Purpose: Friendship Addition is a proposed retail, commercial, and office development in the City of Otsego, Wright County, Minnesota. The proposed site will be served with municipal water, sanitary sewer, storm sewer, and public streets typical of an urban setting. Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of (But not limited to) Health, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, Wright Soil and Water Conservation District. Permits Required: NPDES, Minnesota Department of Health (water), and (but not limited to) Minnesota Pollution Control Agency (sanitary sewer) TABLE OF CONTENTS INFORMATION AVAILABLE PRELIMINARY PLANS FINAL PLAT CONSTRUCTION PLANS COVER SHEET SITE PLAN GRADING PLAN UTILITY PLAN DETAILS STORM SEWER DESIGN /HYDROLOGY OTHER CONSIDERATIONS SUMMARY AND /OR RECOMMENDATION Aotsego23xx 23161ot2316RVW1 - 2 - INFORMATION AVAILABLE Friendship Addition Conceptual Site Plan, dated 3/05/07, by Metro Land Surveying & Engineering Friendship Addition Construction Plan, dated 3/05/07, by Metro Land Surveying & Engineering Friendship Addition Grading Plans, dated 3/05/07, by Metro Land Surveying & Engineering Friendship Addition Final Plat, received 3/06/07, by Metro Land Surveying & Engineering City of Otsego Engineering Manual Minnesota Rules, Chapter 4410 — EAW Requirement City of Otsego Zoning and Subdivision Ordinances National Wetland Inventory Map, 1991 Aotsego23x x23161ot2316RVW1 _3 - PRELIMINARY PLAN 1. No preliminary plans were submitted. At minimum an existing condition plan is required. The existing condition plans must include; a) Boundary lines to include bearings, distances, curve data, and total acreage of proposed plat, clearly indicated. b) Existing zoning classifications for land in and abutting the subdivision. c) Total area of the proposed plat. d) Show location, names, widths of existing streets, buildings, etc. e) Location, size, and elevations of existing sewers, watermain, culverts, and other underground facilities within 150'. f) Boundary lines of adjoining unsubdivided or subdivided land, identified by name and ownership. g) 2 foot contours. Water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines. h) Subsurface conditions for subdivisions utilizing individual water and sewer systems. Locations and results of soil borings, percolation tests, etc. i) 100 year flood elevations. j) Statement certifying the environmental condition of the site. k) Geotechnical data. FINAL PLAT 1. The plat is not to scale. 2. 70' of R.O.W. is required along CSAH 42. Please revise the 60' of R.O.W. depicted. 3. The 45' easement shall be a 47' wide easement to provide a minimum 20' wide drainage and utility easement centered on the watermain pipe shall along the west property line. 4. The 10' wide easements shall be a 17' wide easement to provide a minimum 20' wide drainage and utility easement centered on the hydrants in Outlot A and Block 1, Lot 1. 5. Round the R.O.W. at the intersection of 88 Street and CSAH 42 (Parrish Avenue). CONSTRUCTION PLANS COVER SHEET (SHEET 1) 1. Provide a signature line for Ronald J. Wagner, P.E. City Engineer. 2. The design engineer for Metro Land Surveying & Engineering shall sign the plans prior to the plans being accepted. Aotsego23xx\23161ot2316RVW1 _ - SITE PLAN (SHEET 2) 1. Provide a contact name for the developer's engineer along with a phone number for the developer's contact person and the engineer's contact person. 2. Depict all sidewalk and pedestrian ramps for all buildings. The two south buildings (Block 1, Lots 1 & 2) do not show any concrete sidewalks. 3. Please label the trash enclosures between Buildings 1 & 2, and Buildings A & B. 4. Provide a dimension for all the curb radii and label the type of proposed curb and gutter. 5. Depict a minimum of two Type III Barricades at the future access streets to the west and at the west end of 88 Street. 7. Provide dimensions of the parking stalls and lane widths. 8. Provide a minimum 20' radius around entrances to the future accesses to the west property. 9. The intention of the "bump out" area of the parking lot to the west of Building 1 is unclear. It appears this may intended to be a trucking loading /unloading area. 10. Depict sidewalk along CSAH 42 and CSAH 39 and label "By Others ". This will be installed at a later date by the City of Otsego. 11. The developer is required to install sidewalk along the north side of 88 Street at this time. Depict in the plans and include a detail. 12. Only the two south buildings are being plated as lots at this time. The two north buildings are still outlots. If only a portion of the parking lot and utilities are to be installed at this time, clearly indicate the construction limits. GRADING PLAN (SHEET 3) 1. See Site Plan comment #12. 2. Provide additional spot elevations throughout the proposed parking lots. A minimum of 1.0% over paved areas and 0.60% along curb and gutter is recommended. The areas to the northeast of Building B and southwest of Building 1 do not provide the minimum grades. 3. Depict all sidewalk and pedestrian ramps. 4. Label the contours west of Building B, in the drive- through lanes. 5. Minimum storm sewer pipe size is 15" except for the first catch basin lead in a storm sewer run. Please revise the 12" pipe from CBMH 15 and CBMH 16. Aotsegon xi231Mot2316RVW1 _5 6. Provide a minimum 0.8 diameter points fall across all storm sewer structures when increasing pipe size. CBMH 15, CBMH 8, CBMH 10, and CBMH 12 all require additional fall across the structures. 7. A 30" storm sewer stub is required to service the properties to the west. Provide a 30" RCP stub to the west property line. The storm sewer along the north side of 88 Street shall be a minimum of 30 ". Storm sewer design calculations and a hydrology report is needed to verify that the 30" pipe size is large enough to handle the runoff from the west side of the Friendship Addition and the properties to the west. 8. The existing STMH east of CBMH 12 has an existing east invert elevation (for the 42" pipe) of 858.19. Please include this information in the plans. UTILITY PLAN (SHEET 4) 1. See Site Plan comment #12. 2. Include the class or type of pipe, pipe size, and lengths for all utilities. 3. Include a note to remove and salvage the hydrant at the connection point to the existing watermain along CSAH 42. 4. Please depict the storm sewer (in a lighter background line) to identify potential conflicts at crossings. 5. There is a possible conflict between the watermain and storm sewer at the crossing in the southwest comer of the site (northwest of San MH C). The storm sewer invert at the crossing is approximately 7.2' deep. If the watermain at this location is at the typical 7.5' bury then these pipe conflict. 6. In the "Utility Notes" please add that insulation is required between watermain or sanitary sewer and storm sewer pipe when Tess than 24" of vertical separation is provided. 7. In the "Utility Notes" please note that all sanitary sewer services shall be SDR 26. 8. In the "Utility Notes" please note that a steel post marker is required for all water & sanitary services. 9. A gate valve and clean out is required on each of the water and sanitary sewer services respectively. Please depict and call out in the plans. Include a detail of the sanitary sewer service cleanout. DETAILS (SHEET 5) 1. The hydrant detail is not consistent with the Otsego Standard Plate #203 or #204. 2. Please include a typical street section detail for 88 Street. All typical sections shall be based on a geotechnical engineer's recommendation. Aotsego23xx 2316 ot2316RVW1 - 6 - 3. Include a detail of storm sewer catch basins and manholes. 4. Include a detail of sanitary sewer manholes, and service cleanouts. 5. Need a detail of the sanitary sewer casting R -1733. 6. Provide a storm sewer schedule that includes structure sizes and castings. STORM SEWER DESIGN 1. Please submit for review. HYDROLOGY 1. Please submit for review. OTHER CONSIDERATIONS 1. Submit soil borings and a geotechnical report. SUMMARY AND /OR RECOMMENDATION We recommend approval contingent upon the above comments being addressed. Aotsego23xo\2316bt2316RVW1 _7 - ITEM 8_3 NAC a , 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: 21 March 2007 RE: Otsego — Waterfront East NAC FILE: 176.02 — 07.03 The Planning Commission held a public hearing on 19 March 2007 to consider the application of Landcor, Inc. for an amendment to the PUD Development Stage Plan and Preliminary Plat of Waterfront East. There were no public comments. Mr. Bob Fields and Mr. Richon Xiong of Landcor, Inc. were present to represent the application. Mr. Fields provided an overview of the project changes including identifying the proposed fitness center as a Gold's Gym, describing in detail the proposed Riverboat restaurant as well as providing an update to the Planning Commission on leasing of the existing buildings. Mr. Fields stated that they are only requesting approval of the PUD Development Stage Plan and Preliminary Plat amendment at this time. They will revise the submitted final plat to address issues identified by City staff and resubmit them for further review and then approval by the City Council. The Planning Commission discussion focused on site access off of the Quantrelle Avenue extension. City staff noted that although Quantrelle Avenue is a City street, it will look like and function like the main drive aisle a typical shopping center. The Planning Commission did have concerns about the number of access points along the east side of the drive aisle entering the parking field for the retail box user. A number of altemative designs were discussed. Mr. Fields expressed concem that the number of stalls shown on the plan are required by the prospective user. City staff recommended adding a condition stating that the design of the parking field for the retail box user be subject to further review as part of the required site and building plan approval process. After closing the public hearing, the Planning Commission voted 7-0 to recommend approval of the application subject to conditions as set forth below. The City Council will consider the request at their meeting on 26 March 2007 at 6:30 PM and may take one of the following actions. POSSIBLE ACTIONS A. Motion to approve an amended PUD Development Stage Plan, amended preliminary plat and final plats for Waterfront East 3 and 4 Additions subject to the following conditions: 1. Except as modified herein, the PUD District and PUD Development Stage Plan approved by the City Council on 14 June 2004 shall remain in full force and effect. 2. Approval of a PUD Development Stage Plan and preliminary plat does not guarantee sanitary sewer capacity. Sanitary sewer capacity shall only be allocated to approved final plats with executed development contracts to assure the City of timely development. 3. The retail box building, four restaurant pads abutting TH 101, Building A and Building G shall be subject to site and building plan review as set forth by Section 9 of the Zoning Ordinance unless modifications to the PUD Development Stage Plan are proposed and require processing in accordance with Section 36 of the Zoning Ordinance. 4. Exterior materials and colors for the proposed fitness center building must be identified and shall comply with the requirements of the Zoning Ordinance and PUD District Design Guidelines, subject to review and approval by City staff. 5. The submitted landscape plans shall be revised to: a. An overall landscape plan illustrating the plaza area between Buildings C, D ane E shall be submitted. b. Along the south line of the lot for Building C, we recommend replacing the proposed maple trees with a row of evergreens 25 feet on center to better screen the rear of the Nathe Highway 101 Garden Center. c. The landscape plan for Building F must be revised to include perennial plantings at the base of the retaining wall along 90 Street consistent with the materials installed adjacent to Building B on the opposite side of the street. d. The landscape plan for the fitness center and medical office building must be revised to include plantings at the foundation of the buildings. 6. Construction of the trail and installation of the landscaping within Outlot A as shown on the plan prepared by Loucks Associates dated 14 September 2004 shall be completed by the developer before 1 November 2007. 2 7. The PUD Development Stage Plan shall be revised to end the lot lines for the three southerly restaurant lots and the lot for Building G at the right -of- way line of Quantrelle Avenue. 8. The developer will be responsible for construction of sidewalks, railings and retaining walls for Buildings C and F. 9. The PUD Development Stage Plan shall be revised to extend the sidewalk on the east side of Quantrelle Avenue along the parking island to the front of the big box retail building across to the medical office building and then on to the fitness center. On the south side of Quantrelle Avenue, the sidewalk shall be extended along the south side of the roadway to the northwesterly driveway at the cul- de-sac turnaround. 10. The PUD Development Stage Plan shall be revised to eliminate the 27 single loaded parking stalls and drive aisle to the west of the medical office building to convert the area into a landscaped plaza. 11. Allowances for signage on the individual lots will be subject to the requirements of Section 37 of the Zoning Ordinance and the PUD District Design Guidelines dated 14 June 2004 except that the following provisions shall apply to freestanding signs within the PUD District: a. Not more than three (3) freestanding signs shall be allowed within the PUD District which shall be located adjacent to TH 101. b. The freestanding signs allowed within the PUD District may have an area up to 320 square feet and a maximum height of 50 feet. c. Any tenant within the PUD District may be identified on not more than one of the freestanding sign(s) and each sign must identify "Otsego Waterfront East ". d. The freestanding sign(s) shall not include electronic changeable copy signs, electronic graphic display signs, multi- vision signs, 12. Plans illustrating the type, location and illumination pattern of all proposed exterior light fixtures must be submitted and must comply with Section 20- 16-10 of the Zoning Ordinance and the additional stipulation that no light shall be cast onto Outlot A with the plans being subject to review and approval by City staff. 13. Parking lot lighting shall be installed along the length of Quantrelle Avenue from 90 Street to the cul -de -sac terminus. 14. All utility plans are subject to review and approval by the City Engineer. 3 15. All grading, drainage and erosion control plans are subject to review and approval by the City Engineer. 16. All easements are subject to review and approval by the City Engineer. 17. The developer(s) shall execute a development agreement with the City prior to the release of the final plat, subject to review and approval of the City Attorney. 18. The Waterfront East Third Addition Final Plat is revised to provide 10 foot wide drainage and utility easements at the perimeter of each lot. 19. The Waterfront East Fourth Addition Final Plat is revised to illustrate drainage and utility easements dedicated with the Third Addition Final Plat and a 10 foot wide drainage and utility easement at the perimeter of Lot 1, Block 1. 20. The submitted final plats for Waterfront 3 and 4 Addition shall be revised to address the comments outlined by City staff and resubmitted for approval by the City Council. 21. Final plats shall be recorded with Wright County 100 days following execution of the development contract by the City. B. Motion to deny the request based on a finding that the application is inconsistent with the Comprehensive Plan and the PUD District. C. Motion to table. c. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer Bob Fields, Landcor Inc. Richon Xiong, Landcor Inc. 4 CITY OF 03 -26 -06 OTSEGO FINDINGS & DECISION WRIGHT COUNTY, MINNESOTA PUD DEVELOPMENT STAGE PLAN APPLICANT: Landcor, Inc. APPLICATION: Request to amend the PUD Development Stage Plan /Preliminary Plat of Waterfront East. CITY COUNCIL MEETING: 26 March 2007 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The subject site is guided by the Comprehensive Plan for commercial land uses within the east sanitary sewer district. C. The subject site is zoned PUD, Planned Unit Development District as approved by the City Council on 10 November 2003. Uses within the PUD District are the same as allowed in the B -3 District unless amended as part of a PUD District Development Stage Plan. D. The PUD Development Stage Plan approved on 10 Novem ber 2003 is proposed to be amended to include a fitness center, medical office building and retail box as well as proceed with construction of Buildings C, D and F. E. Consideration of the application is to be based upon (but not limited to) the criteria established by Section 20 -3 -2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The proposed commercial use is consistent with the Comprehensive Plan and PUD District zoning of the subject site. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The proposed use is to be surrounded by planned commercial uses and will be compatible with those uses when developed. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The proposed use conforms to all applicable requirements of the Zoning Ordinance and PUD District. 1 4. The proposed use's effect upon the area in which it is proposed. Finding: The proposed use multiple phase commercial development that will provide local and regional patrons new retail, service and office commercial business for the area. 5. The proposed use's impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: The traffic generated by the proposed use is to be within the capacities of adjacent roadways currently being improved by the City and /or MNDoT. 7. 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. Finding: The proposed use utilized available infrastructure and contributes to diversification of the City's tax base. F. The planning report dated 15 M arch 2007 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. G. The engineering review dated 14 March 2007 and memorandum dated 19 March 2007 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. H. The Otsego Planning Commission opened a public hearing at their regular meeting on 19 March 2007 to consider the application, preceded by published and mailed notice; upon review of the application, the public hearing was closed and the Planning Commission recommended by a 7 -0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the application is hereby APPROVED, subject to the following conditions: 1. Except as modified herein, the PUD District and PUD Development Stage Plan approved by the City Council on 10 November 2003 shall remain in full force and effect. 2. Approval of a PUD Development Stage Plan and preliminary plat does not guarantee sanitary sewer capacity. Sanitary sewer capacity shall only be allocated to ap proved final plats with executed developm ent contracts to assure the City of timely development. 3. The retail box building, four restaurant pads abutting TH 101, Building A and Building G shall be subject to site and building plan review as set forth by Section 9 of the Zoning Ordinance unless modifications to the PUD Development Stage Plan are proposed and require processing in accordance with Section 36 of the Zoni ng Ordinance. 2 4. Exterior materials and colors for the proposed fitness center building must be identified and shall comply with the requirements of the Zoning Ordinance and PUD District Design Guidelines, subject to review and approval by City staff. 5. The submitted landscape plans shall be revised to: a. An overall landscape plan illustrating the plaza area between Buildings C, D ane E shall be submitted. b. Along the south line of the lot for Building C, we recommend replacing the proposed maple trees with a row of evergreens 25 feet on center to better screen the rear of the Nathe Highway 101 Garden Center. c. The landscape plan for Building F must be revised to include perennial plantings at the base of the retaining wall along 90 Street consistent with the materials installed adjacent to Building B on the opposite side of the street. d. The landscape plan for the fitness center and medical office building must be revised to include plantings at the foundation of the buildings . 6. Construction of the trail and installation of the landscaping w ithin Outlot A as shown on the plan prepared by Loucks Associates dated 14 September 2004 shall be completed by the developer before 1 November 2007. 7. The PUD Development Stage Plan shall be revised to end the lot lines for the three southerly restaurant lots and the lot for Building G at the right -of -way line of Quantrelle Avenue. 8. The developer will be responsible for construction of sidewalks, railings and retaining walls for Buildings C and F. 9. The PUD Development Stage Plan shall be revised to extend the sidewalk on the e ast side of Quantrelle Avenue along the park ing island to the front of the big box retail building across to the medical office building and then on to the fitness center. On the south side of Quantrelle Avenue, the sidewalk shal I be extended along the south side of the roadw ay to the northwesterly driveway at the cul -de -sac turnaround. 10. The PUD Development Stage Plan shall be revised to eliminate the 27 single loaded parking stalls and drive aisle to the west of the medical office building to convert the area into a landscaped plaza. 11. Allowances for signage on the individual I ots will be subject to the requi rements of Section 37 of the Zoning Ordinance and the PUD District Design Guidelines dated 14 June 2004 except that the following provisions shall apply to freestanding signs within the PUD District: a. Not more than three (3) freestanding signs shall be allowed withi n the PUD District which shall be located adjacent t o TH 101. b. The freestanding signs allowed within the PUD District may have an area up to 320 square feet and a maximum height of 50 feet. c. Any tenant within the PUD District may be identified on not more than one of the freestanding sign(s) and each sign must identify "Otsego Waterfront East ". 3 d. The freestanding sign(s) shall not include electronic changeable copy signs, electronic graphic display signs, multi- vision signs, 12. Plans illustrating the type, location and illumination pattern of all proposed exterior light fixtures must be submitted and must comply with Section 20 -16 -10 of the Zoning Ordinance and the additional sti pulation that no Tight shall be cast onto Outlot A with the plans bei ng subject to review and approval by City staff. 13. Parking lot lighting shall be installed along the length of Q uantrelle Avenue from 90 Street to the cul -de -sac terminus. 14. All utility plans are subject to review and approval by the City Engineer. 15. All grading, drainage and erosion control plans are subject to review and approval by the City Engineer. 16. All easements are subject to review and approval by the City Engineer. 17. The developer(s) shall execute a development agreement with the City prior to the release of the final plat, subject to review and approval of the City Attorney. 18. The Waterfront East Third Addition Final Plat is revised to provide 10 foot wide drainage and utility easements at the perimeter of each lot. 19. The Waterfront East Fourth Addition Final Plat is revised to illustrate drainage and utility easements dedicated with the Third Addition Final Plat and a 10 foot wide drainage and utility easement at the perimeter of Lot 1, Block 1. 20. The submitted final plats for Waterfront 3r and 4 Addition shall be revised to address the comments outlined by City staff and resubmitted for approval by the City Council. 21. Final plats once approved by the City Council shall be recorded with Wright County 100 days following execution of the developm ent contract by the City. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: 4 ADOPTED by the Otsego City Council this 26th day of March, 2007. CITY OF OTSEGO By: Larry Foumier, Mayor Attest: Judy Hudson, Zoning Administrator /City Clerk 5 Review No. 4 ENGINEERING REVIEW Hakanson Commercial Subdivision Anderson for the City of Otsego Assoc., Inc. by Hakanson Anderson Associates, Inc. Submitted to: Honorable Mayor and City Council cc: Mike Robertson, Administrator Judy Hudson, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Robert Fields, LandCor, Inc. Richon Xiong, Land Funding I, LLC Ronald Doldcen, P.E. Metro Land Surveying & Engineering Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, E.I.T. Date: March 14, 2007 Proposed Development: Otsego Waterfront East Street Location A portion of the E %z of the SE % of Sec. 15 T121 N R23W of Property: and a portion of the W % of Sec. 14 T121 R23W located in Wright County, Minnesota Applicant: LandCor Companies, Inc. Developer: LandCor Companies, Inc. 9325 Upland Lane N, Suite 300 Maple Grove, MN 55369 763 -463 -8800 Owners of Record: Land Funding I, LLC Purpose: Otsego Waterfront East is a proposed retail, commercial, and office development along TH 101 and the Mississippi River in the City of Otsego, Wright County, Minnesota. Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of (but not limited to) Natural Resources, Minnesota Pollution Control Agency, Minnesota Health Department pormit f�r_ = NPe ee-S Minnesota Health nd - -�_ -- - , .�aai`ii'iC�i Department Gf ; =_� =�� and (but not limited to) Minnesota Pollution Control Agency (sanitary sewer) C-1Doainents and Sadlingsffamitocal SeS Internet FiesCon entIE5 7Q3X -doc TABLE OF CONTENTS INFORMATION AVAILABLE FINAL PLAT for OTSEGO WATERFRONT EAST 3 ADDITION PRELIMINARY PLANS FOR THE FITNESS CENTER (3 ADDITION) COVER SHEET SITE PLAN GRADING, DRAINAGE & EROSION CONTROL PLAN UTILITY PLAN QUANTRELLE AVENUE PLAN DETAILS OTHER COMMENTS BUILDING D PLANS (3 ADDITION) COVER SHEET SITE PLAN GRADING, DRAINAGE & EROSION CONTROL PLAN UTILITY PLAN DETAILS OTHER COMMENTS STORM SEWER AND INLET SPREAD CALCULATIONS HYDROLOGY REPORT OTHER CONSIDERATIONS SUMMARY AND /OR RECOMMENDATION C:1Documents and Settings\TamilLocal Settings \Temporary Internet Files\ ContentlES \7Q3XCDZK\ot2272RVW -4.doc INFORMATION AVAILABLE Preliminary Plans for Otsego Waterfront East, dated 5/06/04, by Loucks Associates Preliminary Master Plan for Waterfront East, 3/6/07 revision, by Metro Land Surveying Engineering Final Plat for Otsego Waterfront East, by Metro Land Surveying Engineering Building E Construction and Grading Plans, 10/14/05 revision, by Metro Land Surveying Final Plat for Otsego Waterfront East 1 Addition, received 3/8/07, by MLSE Final Plat for Otsego Waterfront East 2 d Addition, received 3/8/07, by MLSE Final Plat for Otsego Waterfront East 3 Addition, received 3/8/07, by MLSE Preliminary Plans for the Fitness Center, 3/6/07 revision, by MLSE Building C Construction and Grading Plans, 2/13/07 revision, by MLSE Building D Construction and Grading Plans, 3/5/07 revision, by MLSE Building F Construction and Grading Plan, 12/2006 revision, by MLSE Concept Building Plans for Building D, 2/5/07 revision, by McCoy Architects Preliminary Plans for the Medical Office Building (Bell Tower North Office Building), 2/12/07 revision, by Metro Land Surveying & Engineering Floor Plan and Elevations for Retail Building, 2/19/07 revision, by McCoy Architects Hydrology Report/Storm Sewer Design for Buildings D, E, & F, 2/12/07 revision, by Metro Land Surveying Engineering Hydrology Report/Stonn Sewer Design for Building C, 2/13/07 revision, by Metro Land Surveying Engineering City of Otsego Engineering Manual, March 1999, 4/6/05 Revision City of Otsego Zoning and Subdivision Ordinances Minnesota Rules, Chapter 4410 — EAW Requirement City of Otsego Zoning and Subdivision Ordinances National Wetland inventory Map, 1991 C:1Doounents and SettingssTa uN Ocar Saa®ngsdTemporary Memel FieeCaident.E51703( .doc Final Plat Otsego Waterfront East 3' Addition 1. Remove all old Iotloutlot lines from previous the Otsego Waterfront East final plat. 2. Remove the lines depicting the vacated MnDOT right -of -way near Outlot C and Outlot D. 3. The easement line along the southwest lot line of Outlot C runs through Building F. Please remove this easement line. 4. The shared storm sewer along the east side of Outlot A, from Outlot C & D, shall be covered by drainage and utility easement. 5. No setback or easement is required per the PUD along 90 Street or Quantrelle Avenue. The easement line depicted along Quantrelle Avenue in Outlot C can be removed. 6. The shared storm sewer through Block 2, Lot 1 shall be covered by drainage and utility easement. 7. Easements of a minimum 10' wide or a width equal to the required side yard setback established by the respective zoning district in which the property is located, whichever is least, centered on rear and other lines, shall be provided for drainage and for public and private utilities. Lot easements shall be a minimum of 10' when no easement exists on the adjoining parcels. When it is not practical to center easements, the fully required easement width may be required along one property line. (21.7.15A) A minimum 10' easement is needed along the perimeters of Block 1, Lot 1 and Block 2, Lot 1. 8. A minimum 20' wide drainage and utility easement centered on the pipe shall cover the shared sanitary sewer and storm sewer near the cul-de -sac and along the east lot line of Block 1, Lot 1. 9. The reason for the easement along the south side of Quantrelle Avenue, Outlot B, is unclear. 10. Remove the old Out of labels. Preliminary Plans for Fitness Center (3" Addition) Cover Sheet 1. A final set of construction and grading plans will require a signature line for Ronald J. Wagner, P.E. City Engineer on the cover sheet. 2. Please clearly indicate construction and grading limits on the overall site map. Quantrelle Avenue, from the end of the City project near Building F's entrance to the cul-de -sac is to be constructed with the Fitness Center. CADocgments and SeW gs\Ta ni ocal Settings\Temponay Nernst Fdes content tE5 7Q3JC .doc 3. The owner /developer's contact person and phone number shall be identified. Site Plan 1. Label the overhead power line as such, along the west comer of the lot. 2. Typical curb radii, lane widths, parking stall dimensions, sidewalk widths, building dimensions, and any other dimensions shall be included on the site plan. 3. Depict all sidewalk and pedestrian ramps. 4. Clearly indicate the cite boundaries. Example, both shared entrances off of the cul- de-sac are to be built to full width, beyond the property boundary. An agreement or easement is needed to cover all shared utilities, access points, parking, etc... Grading', Drainage & Erosion Control Plan 1. Many of the contours (proposed and existing) dead -end and /or do not correctly tie into an appropriate existing or proposed contour. Please revise. 2. A minimum 2% grade overland is required for the area west of the parking lot. Please revise the grading in this area to provide minimum grade. 3. Show all sidewalk and pedestrian ramps. 4. It does not appear that the dash existing contour lines represent the contours as the site is currently. These contours appear to represent the grades before any of the sites mass grading was done. Please depict the most current existing contours to ensure that the grading along the edge of the property does not cause potential drainage or safety issues. 5. Spot elevations and drainage arrows with proposed grades throughout the parking lot and around the center islands are needed. A minimum 1% grade over bituminous areas and 0.6% along curb and gutter is required. 6. Depict the grading boundary. 7. Depict the rock entrance to be used for the site. 8. Depict all erosion and sedimentation control (silt fence, stormwater inlet protection). 9. Include benchmark and datum information. Utility Plan 1. All utilities shall have the pipe sizes, types, grades, and inverts labeled. Final construction plans shall include profiles for all utilities to help identify any potential conflicts. C:\Documents and Settings\TarrelLocal SettingssTemporary Internet Filesr.ordent.IE5VQ3JC -4.doc 2. Hydrant coverage is insufficient. A minimum 300' spacing (150' radius) is required in commercial areas. 3. Clearly indicate the area of construction. It is unclear what the curb and gutter, pavement, and utilities are to be constructed in association with the Fitness Center. 4. A typical pavement section(s) based on a geotechnical engineer's recommendation is required. 5. Label the type of curb and gutter. 6. Include benchmark and datum information. Quantrelle Avenue Plan 1. Provide horizontal centerline information. 2. Provide centerline street grades, street widths, R.O.W. widths, typical intersection radii, and cul-de -sac dimensions. 3. A typical street section based on a geotechnical engineer's recommendation is required. 4. Label the type of curb and gutter. 5. Label watermain size & type. 6. Label the size, type, and grade for all existing and proposed storm and sanitary sewer. 7. See Master Utility Plan comments # 4. 8. The existing watermain layout does not agree with the proposed layout at the connection point in the middle of Quantrelle Avenue. 9. The existing hydrant in the middle of Quantrelle Avenue must be moved to a location 5' behind the proposed curb. 10. Depict the sidewalk along Quantrelle Avenue. 11. Bituminous curb is not acceptable. All curb and gutter shall be concrete. 12. Clearly label and depict the beginning of curb and gutter and pavement construction. Details 1. Details shall be included in the plan set. C:1Documents and Settings \TamilLocal Settings\Temporary Internet Files\ContentlE5 7Q3XCDZKbt2272RNW -4.dx Other Comments 1. No comments. Building D Plans (3' Addition) Final Plat 1. See Waterfront East 3 Addition comments. Cover Sheet (from plans dated 2/12107) 1. Please more dearly indicate the parcel that is Building D on the overall development site map. 2. There are two separate locations for the project engineer to sign the cover sheet. 3. The owner /developer's contact person shall be identified. 4. A cover sheet was not submitted with the latest revision of the plans (3/5/07 revision). Site Plan 1. It appears that a pedestrian ramp is needed for the parking area to the north of building D and east of Building E. Indicate and label any pedestrian ramps to the parking lot 2. It is difficult to tell where sidewalk exists and where new sidewalk is to be constructed. Clearly indicate where Building D construction ties into the existing curb, pavement, sidewalk, etc. 3. It is unclear what is to fill the area directly adjacent to Building D, between the concrete sidewalk and the building pad. 4. Label the NWL and 100-yr HWL of the adjacent Regional Pond. 5. Depict the location of the Trash enclosure. 6. Remove the easement lines over the storm sewer through the Building E & D parking lot. Grading, Drainage & Erosion Control Plan 1. Include the benchmark and datum information. 2. All proposed erosion and sedimentation control locations (Rock entrance, Stormwater inlet protection around the CB's, silt fence between Quantrelle Avenue, parking lots, or pond and the site, erosion control blanket, etc) shall be depicted in the plans. C:1Documents and Settings\TamilLocal Settings \Temporary Internet Files\ContentlE5 7Q3XCDZKbt2272RVW -4.doc 3. The line type depicted for the existing contours in the legend does not agree with the line type being used in the plans. 4. Clearly indicate where Building D construction ties into the existing curb, pavement, sidewalk, utilities etc. 5. Remove the easement lines over the storm sewer through the Building E & D parking lot. 6. Show the existing hydrant northeast of West Building E. 7. The 22' and 12' dimensions for the area around Building E should be moved to the site plan sheet. 8. The 863 contour is missing between the 862 and 864 contours to the east of Building D. 9. The spot elevation at the third storm structure to the east, for the storm sewer south of Building D, does not agree with the rim elevation of 864.50. Please verify and revise. 10. Label the NWL and 100 -yr HWL of the adjacent Regional Pond. Utility Plans 1. Include the benchmark and datum information. 2. Label the NWL and 100 -yr HWL of the adjacent Regional Pond. 3. It is difficult to tell what is existing or new construction. The storm sewer, watermain, and sanitary sewer that has been installed with the construction of Quantrelle Avenue or a previous building such as Building E, shall be labeled as "By Others ". Clearly indicate where Building D construction ties into the existing utilities. 4. A gate valve must be cut into the existing water service to Building E. Please label and depict the gate valve in the plans. 5. A gate valve is required at the connection to the water service stub to Building D. Please depict and label on the plans. 6. Include an invert elevation for all sanitary and storm sewer stubs. 7. Label the type or class, grade, length, and size of all pipes. All structures shall be labeled for ease of identification. 8. The storm sewer pipe south of Building D, flowing to the Regional Pond, shall be extended to the NWL to reduce potential for erosion. 9. Show the existing hydrant northeast of West Building E. C:\Documents and Settings\Tamh ocal Settings\Temporary Internet Files\Content lE5\7Q3XCDZKbt2272RVW-4.doc Details (Sheets 5-6) 1. Detail sheets were not submitted with the latest revision of the plans (3/5/07 revision). Please submit a plan set with the required details. Other Comments 1. No Comments. Storm Sewer and Inlet Spread Calculations 1. The hydrology report for the storm sewer design was submitted with Building F plans and includes the drainage area from Building D is currently under review. 2. Storm sewer and inlet spread calculations are required for the Fitness Center site. Other Considerations 1. No comments. Summary and /or Recommendation We cannot recommend approval at this time due to the extent of revisions required. C:\Documsnts and Settings \TamiLocal Settings\Temporary Internet Files\ ContentlE5 \7Q3XCDZKbt2272RVW -4.doc 1 Flak Anderson Assoc., f nc. 3601 Thurston Avenue, Anoka, MN 55303 anson Phone: 763/427 -5860 Fax: 763/427 -0520 30 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 Robert Fields, LandCor, Inc. Richon Xiong, Land Funding I, LLC Ronald Dokken, P.E. Metro Land Surveying & Engineering From: Brent M. Larson, E.I.T. Date: March 19, 2007 Re: Otsego Waterfront East 3'' Addition — Fitness Building and Building D An engineering review dated 3/14/07 was submitted to the City Otsego for the above - referenced project and included comments regarding the Final Plat for Otsego Waterfront East P Addition, received 3/8/07, Construction and Grading Plans for Building D, dated 3/5/07 and Preliminary Plans for the Fitness Center, dated 3/6/07. Also submitted, but not included in the engineering review, were Preliminary Master Plans for Otsego Waterfront East, Construction and Grading Plans for Buildings C and F, Preliminary Plans for the Medical Building, and various floor plans for many of these buildings. The City Engineer's office was contacted by LandCor, Inc. and Metro Land Surveying & Engineering on Monday, March 19, 2007 for clarification. The engineering review was performed under the understanding that this was a final plat submittal due to the inclusion of a 3 Addition Final Plat and plans that give the impression of being final construction and grading plans. The developer and his engineer have explained that while the information submitted will accompany the final plat, they are only looking for an amendment to the PUD Development Stage Plan for Waterfront East at this point. The final plat, constniction plans, and grading plans along with all other required information will be resubmitted for review and to be considered by the City Council before construction will start on any of these lots. With this clarification we feel that the amendment to the PUD Development Stage Plan may be approved contingent upon the following comments: Overall Site Plan 1. Lot lines between Buildings C, D, & E are needed. Master Utility Plan 1. Lot lines between Buildings C, D, & E are needed to identify shared utilities. C:\Docunwrns and Settings \Twi1l.ocal Settings \Temporary Internet Fles\Co lE5\7Q3XCDZINn2272RV W4.1memo.duc 2. Please depict all existing and future hydrants, gate and butterfly valves, and watermain. Verify hydrant placement can sufficiently cover all proposed buildings (150' radius). 3. The storm sewer stub to the Retail Building from the Building D & E parking lot is not depicted in the Building E construction plans and was not installed. Verify and revise. 4. It appears that Quantrelle Avenue is to be extended north to the cul- de-sac and be covered by City R.O.W. Street intersection jogs with centerline offsets of less that two hundred feet (200') shall be prohibited. (21- 7 -7.E) The proposed spacing of the entrances to future buildings does not meet the City's requirements. Since this is a commercial development, we believe that these issues may be handled under a P.U.D. 5. A gate valve is required on all of the services to buildings that are supplied from a shared watermain to enable the City to control the water supply to the individual building and not affect other buildings in the area. An additional gate valve is required to be cut into the existing water service to Building E. Preliminary Final Plat Otsego Waterfront East 3 Addition 1. Remove all old lot/outlot lines from previous the Otsego Waterfront East final plat. 2. Remove the lines depicting the vacated MnDOT right -of -way near Outlot C and Outlot D. 3. The easement line along the southwest lot line of Outlot C runs through Building F. Please remove this easement line. 4. The shared storm sewer along the east side of Outlot A, from Outlot C & D, shall be covered by drainage and utility easement. 5. No setback or easement is required per the PUD along 90 Street or Quantrelle Avenue. The easement line depicted along Quantrelle Avenue in Outlot C can be removed. 6. The shared storm sewer through Block 2, Lot 1 shall be covered by drainage and utility easement. 7. Easements of a minimum 10' wide or a width equal to the required side yard setback established by the respective zoning district in which the property is located, whichever is least, centered on rear and other lines, shall be provided for drainage and for public and private utilities. Lot easements shall be a minimum of 10' when no easement exists on the adjoining parcels. When it is not practical to center easements, the fully required easement width may be required along one property line. (21.7.15.A) A minimum 10' easement is needed along the perimeters of Block 1, Lot 1 and Block 2, Lot 1. 8. A minimum 20' wide drainage and utility easement centered on the pipe shall cover the shared sanitary sewer and storm sewer near the cul -de -sac and along the east lot line of Block 1, Lot 1. Haka 1 Anderson C:\Documents and Settings \Tami\Local Settings \Temporary Internet Files \Content.1E5 \7Q3 ASSOC., I nC. 9. The reason for the easement along the south side of Quantrelle Avenue, Outlot B, is unclear. 10. Remove the old Outlot labels. Preliminary Plans for Fitness Center (3 Addition) Cover Sheet 1. Please clearly indicate construction and grading limits on the overall site map. Quantrelle Avenue, from the end of the City project near Building F's entrance to the cul-de -sac is to be constructed with the Fitness Center. 2. The owner /developer's contact person and phone number shall be identified. Site Plan 1. Typical curb radii, lane widths, parking stall dimensions, sidewalk widths, building dimensions, and any other dimensions shall be included on the site plan. 2. Depict all sidewalk and pedestrian ramps. 3. Clearly indicate the cite boundaries. Example, both shared entrances off of the cul-de -sac are to be built to full width, beyond the property boundary. An agreement or easement is needed to cover all shared utilities, access points, parking, etc... Grading, Drainage & Erosion Control Plan 1. Many of the contours (proposed and existing) dead -end and/or do not correctly tie into an appropriate existing or proposed contour. Please revise. 2. Show all sidewalk and pedestrian ramps. 3. It does not appear that the dash existing contour lines represent the contours as the site is currently. These contours appear to represent the grades before any of the sites macs grading was done. Please depict the most current existing contours to ensure that the grading along the edge of the property does not cause potential drainage or safety issues. 4. Depict the grading boundary. 5. Include benchmark and datum information. Utility Plan 1. All utilities shall have the pipe sizes, types, grades, and inverts labeled. Final construction plans shall include profiles for all utilities to help identify any potential conflicts. I Hakanson Anderson C:\Documents and Settings \Tami\Local Settings \Temporary Internet Files \Content.lE5 \7Q3 ASSOC.,InC. 2. Hydrant coverage is insufficient. A minimum 300' spacing (150' radius) is required in commercial areas. 3. Clearly indicate the area of construction. It is unclear what the curb and gutter, pavement, and utilities are to be constructed in association with the Fitness Center. 4. A typical pavement section(s) based on a geotechnical engineer's recommendation is required. 5. Label the type of curb and gutter. Quantrelle Avenue Plan 1. Provide horizontal centerline information. 2. Provide centerline street grades, street widths, R.O.W. widths, and cul- de-sac dimensions. 3. A typical street section based on a geotechnical engineer's recommendation is required. 4. Label the type of curb and gutter. 5. Label watermain size & type. 6. Label the size, type, and grade for all existing and proposed storm and sanitary sewer. 7. See Master Utility Plan comments # 4. 8. Depict the sidewalk along Quantrelle Avenue. 9. Bituminous curb is not acceptable. All curb and gutter shall be concrete. 10. Clearly label and depict the beginning of curb and gutter and pavement construction. Preliminary Building D Plans (3" Addition) Site Plan 1. It is difficult to tell where sidewalk exists and where new sidewalk is to be constructed. Clearly indicate where Building D construction ties into the existing curb, pavement, sidewalk, etc. 2. It is unclear what is to fill the area directly adjacent to Building D, between the concrete sidewalk and the building pad. Grading, Drainage & Erosion Control Plan 1. Include the benchmark and datum information. I Hakanson Anderson C:\Documents and Settings \Tami\Local Settings \Temporary Internet Files \Content.IE5 \7Q3 ASSOC.,Inc. 2. Clearly indicate where Building D construction ties into the existing curb, pavement, sidewalk, utilities etc. Utilitv Plans 1. A gate valve is required on all of the services to buildings that are supplied from a shared watermain to enable the City to control the water supply to the individual building and not affect other buildings in the area. An additional gate valve is required to be cut into the existing water service to Building E. 2. Include an invert elevation for all sanitary and storm sewer stubs. 3. Label the type or class, grade, length, and size of all pipes. All structures shall be labeled for ease of identification. 4. The storm sewer pipe south of Building D, flowing to the Regional Pond, shall be extended to the NWL to reduce potential for erosion. 5. Show the existing hydrant northeast of West Building E. Storm Sewer and Inlet Spread Calculations 1. The storm sewer for the Fitness Center, Building D and Quantrelle Avenue drain to the Regional Pond to the west. It is anticipated that there is sufficient vertical fall from through the site and to the Pond for the storm water runoff to be properly conveyed. Storm sewer and inlet spread calculations shall be provide prior to final plan approval. I Hakanson Anderson C:\Documents and Settings \Tami\Local Settings \Temporary Internet Files \Content.lE5 \7Q3 ASSOC., I nc. ITEM 8_4 NAC, NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 783.231 .2555 Facsimile: 783.231.2561 planners @nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 21 March 2007 RE: Otsego — Zoning Ordinance; Interim Uses NAC FILE: 176.08 — 07.03 The Planning Commission held a public hearing on 19 March 2007 to consider an amendment to the Zoning Ordinance changing certain specific conditional uses to interim uses within the various zoning district. This amendment was directed by the City Council to establish greater control by the City over the termination date of uses such as gravel mining to ensure long -term compatibility and conformance with established performance standards. The public hearing was attended by a number of residents who had opposed the recent CUP application for a gravel excavation northwest of Mason Avenue and 83' Street. The questions and comments raised during the public hearing focused on the implementation of the interim use process on potential future applications and also the effect to existing conditional uses proposed to be changed to interim uses. An explanation of the changes to the criteria for approval of Zoning amendments, CUP and IUPs as also asked for. City staff explained that the proposed changes would eliminate redundancy in the criteria and focus the decision of the Planning Commission and City Council only on factors within their jurisdiction (i.e., impact to school infrastructure/capacity) emphasizing that the remaining criteria would be sufficient to evaluate the potential effects of a proposed use within the City generally or within an area specifically. The Planning Commission had no discussion regarding the proposed amendment having discussed the issue at a previous meeting and directing City staff to proceed with preparation of the proposed Zoning Ordinance amendment as written. The Planning Commission did suggest that City staff revise the proposed Zoning Ordinance amendment to provide altemative text to "land filling operations ", which as written can suggest a garbage dumb in addition to a grading activity. The proposed Zoning Ordinance amendment has been revised to define and substitute "importation of material" in place of land filling. The public hearing was closed and the Planning Commission voted 7 -0 to recommend approval of proposed Ordinance 2007 -03. The City Council will consider the proposed Zoning Ordinance amendment at their meeting on 26 March 2007 at 6:30 PM. c. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner 2 ORDINANCE NO.: 2007 -03 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN AMENDMENT OF THE ZONING ORDINANCE RELATED TO CONDITIONAL AND INTERIM USES WITHIN THE VARIOUS DISTRICTS AND CRITERIA FOR APPROVAL OF ZONING ORDINANCE AMENDMENTS, CONDITIONAL USE PERMITS AND INTERIM USE PERMITS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20 -2 -2 of the Zoning Ordinance is hereby amended to include the following definitions: Excavation: Any removal of the natural surface of the earth, whether sod, dirt soil, sand, gravel, stone or other material creating a depression or depressions. Excavation for Transport: The practice of excavating material for transport of said material off of the land on which the excavation occurs that is not related to development for an approved subdivision or site plan. Importation of Fill. The transport of sod, dirt soil, sand, gravel, stone or other material natural to the surface of the earth, but not including mixed municipal solid waste, construction debris, recyclable metal, plastic, glass or paper material or other waste, brought onto a land as part of a grading operation not related to development for an approved subdivision or site plan. Section 2. Section 20 -3 -2.F of the Zoning Ordinance is hereby amended to read as follows: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. 4. Traffic generation of the proposed use in relation to capabilities of streets 1 serving the property. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Section 3. Section 20 -4-2.F of the Zoning Ordinance is hereby amended to read as follows: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Section 4. Section 20 -51 -3 of the Zoning Ordinance is hereby amended to include the following provisions: D. Excavation for transport or importation of fill operations of more than fifty (50) cubic yards not related to an approved subdivision or site plan, provided that: 1. The use will be in compliance with the provisions of Section 23 and 24 of this Chapter and other provisions of the City Code. 2. The interim use permit shall terminate at a date determined by the City Council to be adequate to allow for completion of the operation based upon: a. The quantity of material to be removed and the plan of operation b. Compatibility with present and future land uses in the area. c. Compliance with the requirements of the Zoning Ordinance and conditions specific to the interim use permit approval. 2 Section 5. Section 20 -51 -4 of the Zoning Ordinance is hereby amended to read as follows: D. Reserved. Section 6. Section 20 -52 -3 of the Zoning Ordinance is hereby amended to read as follows: C. Excavation for transport or importation of fill of more than fifty (50) cubic yards not related to an approved subdivision or site plan, provided that: 1. The use will be in compliance with the provisions of Section 23 and 24 of this Chapter and other provisions of the City Code. 2. The interim use permit shall terminate at a date determined by the City Council to be adequate to allow for completion of the operation based upon: a. The quantity of material to be removed and the plan of operation b. Compatibility with present and future land uses in the area. c. Compliance with the requirements of the Zoning Ordinance and conditions specific to the interim use permit approval. Section 7. Section 20 -52 -4 of the Zoning Ordinance is hereby amended to read as follows: D. Reserved. Section 8. Section 20 -60 -3 of the Zoning Ordinance is hereby amended to indude the following provisions: A. Temporary seasonal sales of products produced on site (farms only) as regulated by Section 20 -26 -8 of this Chapter. B. The keeping of horses and farm animals, not including feedlots, as regulated by Section 20- 27 -4.B of this Chapter. Section 9. Sections 20- 60 -5.D and E of the Zoning Ordinance are hereby amended to read as follows: 3 D. Reserved. E. Reserved. Section 10. Section 20 -78 -3 of the Zoning Ordinance is hereby amended to include the following provisions: C. Open and outdoor storage as an accessory use provided: 1. The storage area is landscaped, fenced, and screened from view of neighboring uses and abutting Residential Districts. 2. Storage is landscaped and screened from view from the public right - of -way. 3. Storage area is blacktopped or concrete surfaced. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences. 5. The storage area does not take up parking space or loading space as required for conformity to this Chapter. 6. The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with Section 20 -5 -4 of this Chapter. D. Open or outdoor service, sale and rental (excluding automobile or truck sales) as an accessory use provided that: 1. Outside sales areas are landscaped and fenced or screened from view of neighboring residential uses or an abutting residential district. 2. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences. 3. Areas are asphalt or concrete surfaced. 4. The use does not take up parking space or loading areas as required for conformity to this Chapter. 4 5. Additional parking, pursuant to Section 21 of this Chapter is provided for said space. 6. The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with Section 20 -5 -4 of this Chapter. Section 11. Sections 20- 78 -6.A and B of the Zoning Ordinance are hereby amended to read as follows: A. Reserved. B. Reserved. Section 12. Section 20 -85 -3 of the Zoning Ordinance is hereby amended to add the following provisions: D. Open or outdoor service, sale and rental (excluding automobile or truck sales) as a principal or accessory use, provided that: 1. Outside service areas are fenced and screened from view of the public right -of -way, neighboring residential uses, or an abutting Residential District in compliance with Section 16 of this Chapter. 2. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -or -way or from neighboring residences and shall be in compliance with Section 16 of this Chapter. 3. The use does not take up parking space as required for conformity to this Chapter. 4. Sales area is hard surfaced to control dust. 5. The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with Section 20 -5 -4 of this Chapter. E. Accessory, enclosed retail, rental, or service activity other than that allowed as a permitted use or conditional use within this Section, provided that: 1. Such use is allowed as a permitted use in a Business District. 2. Such use does not constitute more than fifty (50) percent of the gross 5 floor area of the principal building. 3. Adequate off - street parking and off - street loading in compliance with the requirements of Sections 21 and 22 of this Chapter is provided. 4. All signing and informational or visual communication devices shall be in compliance with the provisions of Section 37 of this Chapter. 5. The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with Section 20 -5 -4 of this Chapter. F. Open and outdoor storage as a principal or accessory use provided that: 1. The storage area is landscaped, fenced, and screened from view of neighboring uses and abutting R Districts. 2. Storage is landscaped and screened from view from the public right - of -way. 3. Storage area is blacktopped or concrete surfaced unless specifically approved by the City Council. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences. 5. The storage area does not take up parking space or loading space as required for conformity to this Chapter. 6. The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with Section 20 -5 -4 of this Chapter. G. Physical recreation or training facilities provided that: 1. Hours of operation shall be subject to review and approval of the City Council. 2. Vehicular access points shall create a minimum of conflict with through traffic, shall comply with Section 21 of this Chapter and shall be subject to review and approval of the City Engineer. 3. Adequate off - street parking and off - street loading stalls are provided in compliance with Sections 21 and 22 of this Chapter. 6 4. All signs and information and visual communications devices shall be in compliance with Section 37 of this Chapter. 5. The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with Section 20 -5 -4 of this Chapter. Section 13. Section 20- 85 -6.A and B and C of the Zoning Ordinance are hereby amended to read as follows: A. Reserved. B. Reserved. C. Reserved. Section 14. Section 20- 85 -6.G of the Zoning Ordinance is hereby repealed in its entirety. Section 15. Section 20 -86 -4 of the Zoning Ordinance is hereby amended to include the following provisions: C. Open or outdoor service, sale and rental (excluding automobile or truck sales) as a principal or accessory use, provided that: 1. Outside services, sales and equipment rental connected with the principal use is limited to fifty (50) percent of the gross floor area of the principal use. 2. Outside sales areas are fenced and screened from view of neighboring residential uses or an abutting Residential District in compliance with section 16 of this Chapter. 3. All lighting shall be hooded and so directed that the Tight source shall not be visible from the public right -or -way or from neighboring residences and shall be in compliance with Section 16 of this Chapter. 4. The use does not take up parking space as required for conformity to this Chapter. 5. Sates area is hard surfaced to control dust. 7 6. The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with Section 20 -5-4 of this Chapter. D. Accessory, enclosed retail, rental, service, or processing, manufacturing activity other than that allowed as a permitted use or conditional use within this Section, provided that: 1. Such use is allowed as a permitted use in a Business District. 2. Such use does not constitute more than fifty (50) percent of the gross floor area of the principal building. 3. Adequate off - street parking and off - street loading in compliance with the requirements of Sections 21 and 22 of this Chapter is provided. 4. All signing and informational or visual communication devices shall be in compliance with the provisions of Section 37 of this Chapter. 5. The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with Section 20 -5 -4 of this Chapter. E. Open and outdoor storage as a principal or accessory use provided that: 1. The storage area is landscaped, fenced, and screened from view of neighboring uses and abutting R Districts. 2. Storage is landscaped and screened from view from the public right - of -way. 3. Storage area is blacktopped or concrete surfaced. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences. 5. The storage area does not take up parking space or loading space as required for conformity to this Chapter. 6. The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with Section 20 -5 -4 of this Chapter. 8 F. Physical recreation or training facilities provided that: 1. Hours of operation shall be subject to review and approval of the City Council. 2. Vehicular access points shall create a minimum of conflict with through traffic, shall comply with Section 21 of this Chapter and shall be subject to review and approval of the City Engineer. 3. Adequate off - street parking and off - street loading stalls are provided in compliance with Sections 21 and 22 of this Chapter. 4. All signs and information and visual communications devices shall be in compliance with Section 37 of this Chapter. 5. The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with Section 20 -5 -4 of this Chapter. Section 16. Section 20- 86 -7.A and B and D of the Zoning Ordinance are hereby amended to read as follows: A. Reserved. B. Reserved. D. Reserved. Section 17. Section 20- 86 -7.K of the Zoning Ordinance is hereby repealed in its entirety. Section 18. Section 20 -87 -3 of the Zoning Ordinance is hereby amended to add the following provisions: B. Open or outdoor service, sale and rental as a principal or accessory use, provided that: 1. Outside service areas are fenced and completely screened from view of the public right -of -way, neighboring residential uses, or an abutting Residential District in compliance with Section 16 of this Chapter. 2. All lighting shall be hooded and so directed that the Tight source shall 9 not be visible from the public right -or -way or from neighboring residences and shall be in compliance with Section 16 of this Chapter. 3. The use does not take up parking space as required for conformity to this Chapter. 4. The sales area is surfaced to control dust and drainage as approved by the City Engineer. 5. The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with Section 20 -5 -4 of this Chapter. C. Accessory, enclosed retail, rental, or service activity other than that allowed as a permitted use or conditional use within this Section, provided that: 1. Such use is allowed as a permitted use in a Business District. 2. Such use does not constitute more than fifty (50) percent of the gross floor area of the principal building. 3. Adequate off - street parking and off - street loading in compliance with the requirements of Sections 21 and 22 of this Chapter is provided. 4. All signing and informational or visual communication devices shall be in compliance with the provisions of Section 37 of this Chapter. 5. The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with Section 20 -5 -4 of this Chapter. D. Open and outdoor storage as a principal or accessory use provided that: 1. The Outside storage areas are fenced and completely screened from view of the public right -of -way, neighboring residential uses, or an abutting Residential District in compliance with Section 16 of this Chapter. 2. Storage area is surfaced to control dust and drainage as approved by the City Engineer. 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences. 4. The storage area does not take up parking space or loading space as 10 required for conformity to this Chapter. 5. The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with Section 20 -5 -4 of this Chapter. E. Physical recreation or training facilities provided that: 1. Hours of operation shall be subject to review and approval of the City Council. 2. Vehicular access points shall create a minimum of conflict with through traffic, shall comply with Section 21 of this Chapter and shall be subject to review and approval of the City Engineer. 3. Adequate off - street parking and off - street loading stalls are provided in compliance with Sections 21 and 22 of this Chapter. 4. All signs and information and visual communications devices shall be in compliance with Section 37 of this Chapter. 5. The interim use permit shall terminate upon a change of occupancy or other date as determined by the City Council in accordance with Section 20 -5 -4 of this Chapter. Section 19. Sections 20- 87 -6.A and B and C of the Zoning Ordinance are hereby amended to read as follows: A. Reserved. B. Reserved. C. Reserved. Section 20. Section 20- 87 -7.G of the Zoning Ordinance is hereby repealed in its entirety. Section 21. This Ordinance shall become effective immediately upon its passage and publication. 11 MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 26th day of March, 2007. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator /City Clerk 12 ITEM 6_ 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: 21 March 2007 RE: Otsego — Friendship Addition NAC FILE: 176.02 — 07.04 The Planning Commission held a public hearing on 19 March 2007 to consider the PUD Development Stage Plan for the Friendship Addition. Mr. Bob Fields and Richon Xiong of Landcor, Inc. were present to represent the application. Mr. Fields stated that he objects to the requirement to dedicate an additional 10 feet of right -of -way for CSAH 42. Right -of -way was purchased by the City in 2006 to allow for construction of CSAH 42 to a four lane urban roadway. The amount of right -of -way acquired was sufficient to allow the City to construct the County Road improvement, but was less than the County's full right -of -way requirements. Mr. Fields suggested that an additional easement for City and small utilities and the City sidewalk be dedicated instead of additional right -of -way. City staff is agreeable to this approach and it is consistent with the dedication of right -of -way for CSAH 42 from the Great River Centre. Requiring right -of -way or easement to be dedicated is Wright County's decision and the plat has been submitted for their review. The Planning Commission added a condition to their recommendation stating that the plat approval is subject to Wright County review. Mr. Mike McChesney owns the 10 acres to the south of the subject site spoke in opposition to the proposed commercial development as impacting his residential use. Mr. McChesney is also opposed to the proposed alignment of 88 Street centered on the common property line between the subject site and his property. City staff explained that the subject site has been guided for commercial uses dating to 1990. The City has made significant financial investments in sanitary sewer and water utilities and construction of CSAH 42 to allow for planned commercial development to occur. The recovery of these costs was deferred until development to avoid immediate impacts to existing property owners, but it is necessary for projects such as the Friendship Addition to occur if the City is to recoup its upfront expenses. Specific to 88 Street, the City's policy has been to locate public streets centered on the property lines of benefiting properties such that both properties also share the burden of the area needed for right -of -way and construction costs. If the right -of -way for 88 Street were shifted north entirely within the plat, Mr. McChesney would retain 1.21 acres of developable property at the cost of an equal amount of developable property to the subject site and at least two properties west of the subject site that also abut the McChesney property. To minimize the immediate impact to the McChesney property and avoid the need for the City to condemn property fro right -of -way and construct the full street, the Friendship Addition has been designed to construct only the north half of 88 Street with in the plat. The north half of the commercial street will provide sufficient space for two way traffic accessing the Friendship Addition. There would be no encroachment on to the McChesney property for construction as part of this interim access plan. At such time as the McChesney property or properties to the west of the Friendship Addition and McChesney property are brought forward for development, the south half of the right -of -way for 8e Street will need to be acquired and the south half of the street constructed. Related to 88 Street, the Planning Commission questioned why the proposed right -of- way does not align with 88 Street east of CSAH 42. City staff explained that Wright County intersection spacing requirements for CSAH 42 dictate that 88 Street be limited to right -in /right -out turning movements at CSAH 42. Because there will be no traffic crossing CSAH 42 or turning left across on- coming lanes from 88 Street, the 88 Street intersections on the east and west sides of CSAH 42 are effectively three -way intersections. Thus, it is not necessary from a functional standpoint that the two segments of 88 Street align. Furthermore, City staff and the Planning Commission noted that when 88 Street east of CSAH 42 was platted, a single property owner controlled land on both sides of the right -of -way and that the location of the street met Wright County spacing requirements. Current Wright County spacing requirements would dictate that 88 Street east of CSAH 42 be 40 feet to the south even when restricted to right -in /right -out movements. A majority of the Planning Commission concluded that 88 Street east of CSAH 42 should not dictate establishment of 88 Street west of CSAH 42 at a location inconsistent with City policy and Wright County spacing requirements. Property owners west of the subject site also spoke at the public hearing. They asked questions regarding maintenance of the land intended for development of future phases, site clean up trash and plans to minimize the potential impacts of the commercial use to the existing residential uses. City staff responded that the developer must maintain ground cover and the property must be mowed, trash pickup and enclosure of trash containers is required and landscaping will be installed along the west property line to block headlight glare cast in the direction of the houses. With respect to potential headlight glare cast towards the McChesney property, because the site fronts to 88 Street, similar landscaping cannot be provided along the south part of the development without impacting traffic visibility. 2 The Planning Commission closed the public hearing and voted 6 -1 to recommend approval of the application subject to conditions as recommended by City staff. The Planning Commission added an additional condition that the preliminary/final plat be subject to review and approval by Wright County. The City Council will consider the application at their meeting on 26 March 2007 and has the following possible actions to take: POSSIBLE ACTIONS A. Motion to approve a Zoning Map amendment, PUD Development Stage Plan and Preliminary/Final Plat for the Friendship Addition subject to the following conditions: 1. The PUD District shall allow for the same uses and subject to the same performance standards as set forth by the B -3 District. 2. Approval of a PUD Development Stage Plan and preliminary plat does not guarantee sanitary sewer capacity. Sanitary sewer capacity shall only be allocated to approved final plats with executed development contracts to assure the City of timely development. 3. Development of future phases consistent with the PUD Development Stage Plan shall be subject to Site and Building Plan and Final Plat applications. 4. The applicant shall construct the north half of 88 Street as shown on the submitted plans at their cost unless a petition is submitted for the City to construct 88 Street to its full width and assess benefiting properties to the north and south. 5. The easterly driveway to 88 Street shall be restricted to right -in /right -out access only with the design of the access subject to review and approval by the City Engineer. 6. The site plan shall be revised to provide for construction of a six foot wide concrete sidewalk along CSAH 39, CSAH 42 and 88 Street with connections to be provided to the the site subject to review and approval by City staff. 7. Architectural elevations for the 6,000 square foot retail building are revised to extend the awnings and provide faux windows between the service doors on the east elevation and revise the parapet to provide additional detailing, subject to review by the Planning Commission and approval of the City Council prior to issuance of any building permits. 3 8. The architectural plans for the proposed auto repair building shall be revised to: a. Incorporate larger storefront windows facing CSAH 42, provide additional detail and variation for the parapet and roof line and more articulation of the building fa9ade b. The car wash structure be revised to incorporate materials used for the balance of the building to create a more integrated appearance. c. The revised architectural plans for the building should minimize the use of EIFS material as more of an accent than a primary material. 9. For the auto repair use, all service shall be done within the principal building and except for when moving vehicles in /out of the service bays, the overhead doors to the service bays shall be closed. 10. There shall be no overnight parking or outdoor parking /storage of unlicensed vehicles, inoperable vehicles, or vehicles in such condition so as not to be legal for operation on public streets. 11. The hours of operation for the car wash shall be limited to the business hours of the auto repair use or 7:00 AM to 10:00 PM, whichever is more restrictive. 12. The landscape plan is revised to provide for a hedge row along the west plat line between proposed trees, tall shrubs to the west of the trash enclosures along the west property line and evergreen trees on the island north of the auto repair building, subject to approval of City staff. 13. The site plan shall be revised to remove parking stalls as recommended by City staff to reduce impervious surface and improve circulation. These stalls may be shown as "proof -of- parking" which the applicant may propose to construct if there is a demonstrated need in the future. 14. All signs shall comply with Chapter 37 of the Zoning Ordinance and issuance of a sign permit is required prior to installation of any signs upon the properties. 15. A lighting plan shall be submitted illustrating the type, location, height and illumination pattern of all sight lighting and compliance with Section 20 -16- 10 of the Zoning Ordinance. 16. All utility plans are subject to review and approval by the City Engineer. 17. All grading, drainage and erosion control plans are subject to review and approval of the City Engineer. 4 18. The preliminary and final plat is revised to provide minimum 10 foot drainage and utility easements at the perimeter of the subject site and all easements are subject to review and approval of the City Engineer. 19 A preliminary plat is submitted showing four buildable lots within one block and public right -of -way. 20. A revised final is submitted plat providing two buildable lots within one block, one outlot for future phases and public right -of -way. 21. Park and trail dedication requirements shall be satisfied as a cash fee in lieu of land with payment of $25,704.00 prior to release of the final plat. 22. The developer shall enter into a development contract with the City prior to release of the final plat. 23. The proposed preliminary/final plat shall be subject to review and approval by Wright County. 24. The recommendations and requirements of the Engineering Review dated 15 March 2007 shall be addressed subject to the City Engineer's approval. B. Motion to deny the request based on a finding that the application is inconsistent with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance or Engineering Manual. C. Motion to table. c. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer Bob Fields, Landcor Richon Xiong, Lancor 5 ORDINANCE NO.: 2006 -02 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR LAND INCLUDED AS PART OF THE FRIENDSHIP ADDITION. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally described by Exhibit A. Section 2. The portion of the property described by Exhibit A is hereby rezoned from A -1, Agriculture Rural Service District to PUD, Planned Unit Development District subject to the terms and conditions set forth herein. Section 3. Allowed Uses. The allowed uses within the PUD District shall include all permitted uses, permitted accessory uses, conditional uses, interim uses and uses allowed by administrative permit within the B -3 District subject to approval of a Development Stage Plan in accordance with Section 20 -36 -4 of the Zoning Ordinance. Section 4. Lot Requirements. There shall be no minimum lot area or minimum lot width required within the PUD District. Section 5. Setbacks. Setbacks required within the PUD District shall be as established for lots within the B -3 District only at the periphery of the PUD District. Section 6. Building Height Requirements. The building height requirements within the PUD District shall the be same as applicable to the B -3 District except as may be modified by approval of a Development Stage Plan in accordance with Section 20- 36-4 of the Zoning Ordinance. Section 7. Building Type and Construction. Buildings within the PUD District shall be conform to the minimum requirements specified by Section 20 -17 -4 of the Zoning Ordinance applicable to structures within the B -3 District except as may be modified by approval of a Development Stage Plan in accordance with the criteria established by Section 20- 17 -4.0 of the Zoning Ordinance. Section 8. Future Phases and Amendments. Approval of PUD Development Stage Plans for land included within the PUD District, modifications of performance 1 standards established by the PUD District or this Ordinance and the inclusion of additional lands within this PUD District shall be processed in accordance with Section 20 -36 -6 of the Zoning Ordinance. Section 9. Zoning Map. The zoning map of the City of Otsego shall not be republished to show the aforesaid rezoning, but the City Clerk shall appropriately mark the zoning map on file in the City Clerk's office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 10. Effective Date. This Ordinance shall be effective upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 26th day of March, 2007. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator /City Clerk 2 CITY OF 03 -21 -07 OTSEG� FINDINGS & DECISION PUD Development Stage Plan & WRIGHT COUNTY, MINNESOTA Preliminary/Final Plat APPLICANT: Landcor, Inc. APPLICATION: Request for approval of PUD Development Stage Plan and Preliminary Final Plat for development of the Friendship Addition consisting of four principal commercial buildings. CITY COUNCIL MEETING: 26 March 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 legal description of the property is attached as Exhibit A. B. The subject site is guided by the Comprehensive Plan for future Commercial land uses within the East Sanitary Sewer District. C. The subject site is zoned A -1, Agriculture Rural Service District; The applicant is requesting a rezoning to PUD, Planned Unit Development District and approval of a PUD Development Stage Plan and preliminary/final plat to allow for development of four principal commercial buildings. D. Consideration of the application is to be based upon (but not limited to) the criteria set forth by Section 20 -3 -2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The Comprehensive Plan describes the area surrounding the CSAH 39 and CSAH 42 intersection as the City's primary commercial area. The proposed development is consistent with the vision for this area of the City providing opportunities to expand retail and service business in Otsego. 2. The proposed use's compati bility with present and future land uses of the area. Finding. The subject site is surrounded by the following existing/planned land uses: Direction Land Use Plan Zoning Map Existing Use North Commercial PUD Retail stores East Commercial B-3 District Bank South Commercial A -1 District Single Family West Commercial A -1 District Single Family The subject site is the first commercial development at this quadrant of the CSAH 39 /CSAH 42intersection. There may be potential short term compatibility issues with the commercial development and adjacent residential uses that can be off -set by conformance with performance standards addressing screening, lighting, signage and recommended site plan changes to remove some parking stalls in close proximity to the residential uses. Long term, the only potential compatibility issue relates to the 1 proposed auto repair use (allowed in the B -3 District as a conditional use), which can be addressed by requiring all service to occur within the building with the service bay doors closed. 3. The proposed use's conform ity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The proposed PUD Development Stage Plan will be required to conform to the requirements of the Zoning Ordinance, Subdivision Ordinance, Engineering Manual and City Code. 4. The proposed use's effect upon the area i n which it is proposed. Finding: The proposed development will increase commercial business opportunities expanding services available within the City's primary commercial area. 5. The proposed use's impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: Traffic generated by the proposed use will be accommodated by CSAH 42, which is designated as a minor arterial roadway and has recently been upgraded to a four lane urban section from CSAH 39 to 85` Street. 7. 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. Finding: The proposed use is not anticipated to have a negative impact to the City's service capacity. E. The Planning Report dated 14 March 2007 and Planning Report addendum dated 1 February 2007 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Engineering Review dated 15 M arch 2007 prepared by the City Engineer, Hakanson Anderson Associates, Inc. G. The Otsego Planning Commission opened a public hearing at their regular meeting on 19 March 2007 to consider the application, preceded by published and mai led notice; upon review of the application, and other evidence, the public hearing was closed and the Planning Com mission recommended by a 7 -0 vote that the City Council approve the request subject to conditions. DECISION: Based on the foregoing information and applicable ordinances, the requested application is hereby APPROVED, subject to the following conditions: 1. The PUD District shall allow for the same uses and subject to the same performance standards as set forth by the B -3 District. 2 2. Approval of a PUD Development Stage Plan and preliminary plat does not guarantee sanitary sewer capacity. Sanitary sewer capacity shall only be allocated to approved final plats with executed developm ent contracts to assure the City of timely development. 3. Development of future phases consistent with the PUD Development Stage Plan shall be subject to Site and Building Plan and Final Plat applications. 4. The applicant shall construct the north half of 88 Street as shown on the subm itted plans at their cost unless a petition is submitted for the City to construct 88 Street to its full width and assess benefiting properties to the north and south. 5. The easterly driveway to 88 Street shall be restricted to right- in/right -out access only with the design of the access subject to review and approval by the City Engineer. 6. The site plan shall be revised to provide for construction of a six foot wide concrete sidewalk along CSAH 39, CSAH 42 and 88 Street with connections to be provided to the the site subject to review and approval by City staff. 7. Architectural elevations for the 6,000 square foot retail building are revised to extend the awnings and provide faux windows between the service doors on the east elevation and revise the parapet to provide additional detailing, subject to review by the Planning Commission and approval of the City Council prior to issuance of any building per mits. 8. The architectural plans for the proposed auto repair building shall be revised and are subject to review by the Planning Commission and approval of the City Council prior to issuance of any building permits to: a. Incorporate larger storefront windows facing CSAH 42, provide additional detail and variation for the parapet and roof line and more articulation of the building facade b. The car wash structure be revised to incorporate materials used for the balance of the building to create a more integrated appearance. c. The revised architectural plans for the building should m inimize the use of E IFS material as more of an accent than a primary material. 9. For the auto repair use, all service shall be done within the principal building and except for when moving vehicles in /out of the service bays, the overhead doors to the service bays shall be closed. 10. There shall be no overnight parking or outdoor parking /storage of unlicensed vehicles, inoperable vehicles, or vehicles in such condition so as not to be legal for operation on public streets. 11. The hours of operation for the car wash shall be limited to the business hours of the auto repair use or 7:00 AM to 10:00 PM, whichever is more restrictive. 12. The landscape plan is revised to provide for a hedge row along the west plat line between proposed trees, tall shrubs to the west of the trash enclosures along the west property line and evergreen trees on the island nort h of the auto repair building, subject to approval of City staff. 3 13. The site plan shall be revised to remove parking stalls as recommended by City staff to reduce impervious surface and improve circulation. These stalls may be shown as "proof -of- parking" which the applicant may propose to construct if there is a demonstrated need in the future. 14. All signs shall comply with Chapter 37 of the Zoning Ordinance and issuance of a sign permit is required prior to installation of any signs upon the properties. 15. A lighting plan shall be submitted illustrating the type, location, height and ill umination pattern of all sight lighting and compliance with Section 20 -16 -10 of the Zoning Ordinance. 16. All utility plans are subject to review and approval by the City Engineer. 17. All grading, drainage and erosion control plans are subject to review and approval of the City Engineer. 18. The preliminary and final plat is revised to provide minimum 10 foot drainage and utility easements at the perimeter of the subject site and all easements are subject to review and approval of the City Engineer. 19 A preliminary plat is submitted showing four buildable lots within one block and public right - of -way. 20. A revised final is submitted plat providing two buildable lots within one block, one outlot for future phases and public right -of -way. 21. Park and trail dedication requirements shall be satisfied as a cash fee in lieu of land with payment of $25,704.00 prior to release of the final plat. 22. The developer shall enter into a development contract with the City prior to release of the final plat. 23. The proposed preliminary/final plat shall be subject to review and approval by Wright County. 24. The recommendations and requirements of the Engineering Review dated 15 March 2007 shall be addressed subject to the City Engineer's approval. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: 4 ADOPTED by the Otsego City Council this 26th day of March, 2007. CITY OF OTSEGO By: Larry Foumier, Mayor Attest: Judy Hudson, Zoning Administrator /City Clerk 5 a -e3-..- v q � We �{ Y R y '& 7 1' .`_. �% �, _ ✓ Eb;yy},,�� _ x t . � 1 its '''''''',44041':: '' :_ - a e - - ' , n'r, 1 r te ' \ . - J _ i - •' • F a � o f " -�'— i i '. t � , bt• i v _..4a`Cr°+'r .`Eer "41:.'T'•t� -� South side of 70th Street.JPG 8 s, North side of 70th Street.JPG t --- CSAH 19 looking west.JPG 03 alf e r Sr CSAH 19 looking east.JPG A P 4 4 i p � . � .^ � I 77th Street look west also.JPG — _ .4. , f; \ i ., I , N A Ir . ilt , f , ". y \ '4,.. ' '', „ I 1 F IN, f 'Ali r ; 4 r.. ,air, g. �' �, I • ti 41 1 6 --ii., y i a F'. 1P' f s..e A. a �' t fi r: * 1 _ . -s `• :ra kt +. a ' a r+- - " ' � t ' . .Z .fir ^ �� .. , - 1T+'l�� a 1 �' f 411 ' St. 77th Street looking west.JPG d • - s< fir, - N y 87th Street.JPG c ,i - - 'ern ;rq <O ' i 1 lykte it.„ -----_ "`s • _ y 1 Joel Kolles Mason looking west.JPG 'v . ..:, ..0 4, \ ,..' . --`, iv i ! � .. `1 4 A. e ' .,--..yji -...1 f ; litak 1 . - t t ' ,,,,' • f a w Kolles house and yard.JPG 4 111, }" y,- 11 ' , , C ; 1 i (' w ' ''.;i , I I :101 6 5- i _ Ta « t ` Mason looking east.JPG 4 1 rf ; r a - h am_ : - _ P —2 . 90th Street looking north.JPG . yam ,4' S S . ■ • aseiNgir p 1. 90th Street still open not fuII.JPG s ns - • • 90th Street.JPG j a :ohe,..„,, b ■ Private driveway west.JPG i ,ipair � - i • r � a.� -- l � 4 - -.:14.11:*. - i te../2.- - ,6 : , ,. i 7 4 4. ...... y. xa Private driveway east also.JPG a sr r rE y 'i '�'' p r - -• w .max fl1 '. ` ^ 6i 1 . ,,,,i,,,. .t. ,.r ',lg.' • f � . 0 k. il 1 ttr .._...„.., . yr- — lil �_ I • al Private driveway east.JPG • OA MAR • Private driveway looking north.JPG - ; , Private driveway looking south.JPG � F J � S - +r 4 ri '" Private driveway 1 to 2 hours Iater.JPG „ } DSCF0088.JPG N C 1 8 W Ed J O W Z _ y O 2 SON N U 4 az o o = a u S g N r 4*'' ' IR I La O b 1 1 1 1 1 1 1 1 e W ' a r m i. . . ! _ :, MN to - I.= No iiv infalVY .1% 3Y IOU X111 ■. _ _ ®_ m ■��e X WC W Q # no aDjn I LI ZNZ Wes Z NOS G J m� v W oa No N# a : ( 1 ,-, . may U W r (ft , id N vx n 1 U n 1 �No ^ �2 . W O UN � 2 ��n ' Wat io Ina" ,oa.� �. H. 1111 WA k � I► J;1 .oxP - WuW �.�,..", Z + 1 v io N ; v a < o in xv a lnW c 5 i j ao ¢ W %08 �� xojo oRh i I a z �3� fn, N ` o - WH c° T N W Qc g �Y N W pun Y u O 2 r o' ITRmum Q O. CONSTRUCTION PLANS °°'""��'aTIONs THE 2005 EDITION OF THE MINNESOTA DEPARTMENT OF IMPROVEMENT PROJECT 06 -05 TRANSPORTATION 'STANDARD SPECIFICATIONS FOR CONSTRUCTION" SHALL GOVERN. WELL NO. 8, RAW WATER LINE AND PUMP HOUSE NO. 2 IMPROVEMENTS ALL FEDERAL, STATE AND LOCAL LAWS, REGULA ONS, AND ORDINANCES SHALL BE COMPLIED WITH IN THE CONSTRUCTION OF THIS PROJECT. FOR CITY OF OTSEGO PROJECT 06-05 CITY OF OTSEGO, MINNESOTA SHEET INDEX GENERAL 0-1, 1111E SHEET G -2. SITE PLAN, PROFILE AND DETAILS F G -3. DEMOLITION- PLANS. SECTIONS AND ELEVATION J 0-4. DEMOLITION- SECTIONS, DETAIL AND FLOW DIAGRAM G-5. IMPROVEMENTS -PLAN AND SECTIONS ,..- - «•°"1`�- '"_r _._.__._ _-- ..._._._. _._._ tea..,.... -. 1 G-6. IMPROVEMENTS-PLAN AND SECTIONS i G-7. 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' 1 , ; an H onto c " _.._ ,aat...osa M..R s .� \ - ` -_ -._ - - -- _ VICINITY P klaca � _1. (Tt l , __ -,\ I hereby certify that MM Plan, specification, or report was \ �� prepared by me or under supervision my direct and that t'f - am o duly Licensed Professional Engineer under the lows . "- The subwwfoes utility Information In theo pion h teeny quality Wei G. of the SIGN of Minnesota V, :• , , Ihis qu IM woo I woo dotrmned occr he qu W dng to tido nod . /ASCE 38-2. onlitied, '5tandor4 DWdaxnos for the Cdleetbn and 26052 y; DoploNan of Ed Sueo eing urlxa 0)Yity Dat0 RONALD J. WAGNER P.E. License No. Dote ill ■ . DATE REVISION GTY ENGINEER r •, I Hakonson Anderson Assoc.,Inc. SHEET 0-1 OF G-8 SHEETS 8 1 § 1 § 1 m m ffi AS a'6 (�'3 t —4Z_ R ___.f � .T: c ,6 \ o Q W f / 'I m \ \ � >� 1 s; I ! ,\ ` \\ a \ \ \ / / wwf. l�t oO O yy � ` \., \/ W 2 —. i - 3 00 --- M g 7, p -- • ANDOI.PM AGUE NE_ 3! I •�� , I • ... ? 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NSUlATION (R13) 12- CONCRETE BLOCK !i gi /a R B 18 8 1 y Mill 1 2 - CONCRETE SLAB Air i 12 CONCRETE BLOC2 ®C ELEY. -8850 INC 2a"xir CONCRETE 1/2 EXPANSION JOINT 006..886.0 200 CONCETE � a��.w 4601112, �. NEI - C COMPACTED GRANUTA ® MAR ] -8S NN t'4.1. OVER TE0 POLY VAPOR - S R ®AR CON MIW CONTINUOUS PUMPHOUSE #2 PUMPHOUSE 12 EXISTING THICKENED SLAB DETAIL PUMPHOUSE E TANK ROOM i EXISTING SIDEWALK/WALL LL DETAIL TYPICAL WALL SEC710N DATE REVISION 11v. 6WOX INN BN NM P05556 A MOOR SHEET KT :4 me mem o" Lror Hakanson Anderson Assoc., Inc. . I r � _ A W R R DEMOLITION Mee el Ile Mem M !XMW W MN le iWE 3802 Denton... one Lend Surveyors / ND F L 15 . DETAILS A Nil ra C"� lKA %xX ,,, 3801 Denton . Awe. Ne S* 65]03 2 { R ILL »< 763-427-0560 47 AND FLOW DIAGRAMS G_ N W - ° e\ N A TTT MV I eUT - MeMw eee DoN I° Us IW. ® RAY 07522 .WV.hokonam- vMwtm.tom ON TR "RB CRY OF OISECA. MINNESOTA SHEETS — i / 1 / RTlE53 ADARTOi 8" $ / `-./ ABANDON N!- APLACE 8" RAW WATER LE / / , CONNE O WRE ...„.„.0 I I 1W19T %1051 ADARIER TO 33' -1" \AKE CCNNECnON TREA TMENT ROdI REdICG 1,. 'Y C N 5 '} 4 f �� Kgy1"Pr' FeaSN PP K[ vEL ANO i l OOW DIAGRAM 3 1I h. t w Su00 M FLOOR y1EET ] ' LENGTH 1 ; 3 _ ... �'� vu `t �' t w TREATMENT Roar - � t. • • le oP y! ,` 1 �� a wAU IlHeoloET V ' a ' �i �� • YV 8 > AN Wdt l0 wAll 'MM a �•: 1 M •I E 1 ELEY .693 9] I ( s Y H r ¢ �i j 1; s cALVANIffD wAU .0.5. ,o II L — _ ... 2g W & ° � +,,� ay �`a#v,� p �,. s SQUARE 29*0 SECTIONAL 1 ' C 4 - 0 Y i �� X h,d +k" ` `n OYERNEAO "°R q CC 11111. AM E4£V.- 890.912 �12 -u• r �.,� '� �fr x' � ' q ® $ C s` is b y z� 5 g e !g u nutt S i x s rm® • �� '°''''' F + YARD IIdIT - o b uW - Z & WATER NEAT PIPE SUPPORTS d �'' ;„ •. 61.,, K - - n - 5 SEE DETAIL SHEET ] '0" EO ` # "' � • / , . ' I_�� 1 - " • vAET'ERR , i ! 18 "X12" ` S DEETTA4. 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K O1Na A01041.01rOen '° f`" BURIED BUTTERFLY 404 40aa1 VALVE AND BOX DETAIL HYDRANT AND HYDRANT VALVE DETAIL Na LEL w ECM ANTICIPATED WELL #8 PROFILE PTA GATE RE 1 6084, wag 9M NO pls.. .9..N•o4bM MDR .. °" � anson erson ssoc. zoo � Hak Anderson Assoc., Inc. �^� or " a a.. ... ^" ad Uel I ern u..... IMe..Wa Connor van Me mpg NE CioO EnWineen end Land Surveyors IMPROVEMENTS G r.. of OM S1e1 ° in* MIA 10044 91 7haelan ra, rem, M11•rrro SSJOS DETaLS Q 2441 - 04 4444. ame N[ 91 793 -427 -0981 FAX 763 -427 -0520 CITY OF OTSE00. MINNESOTA 3'8 Kwi .. 99049 ° +N V•awnex- °K•Kns.w 011 w 4444 Na RJN 04522 www.hokamm n - endeon.c°m ON 796 0868 BI ROAD 6x0015 MnIDOT TP 2184 -02 (5/83) 11 E M 9_ 3 State of Minnesota Department of Transportation Page 1 of 2 CHANGE ORDER #1 Contractor: Kilimer Electric Co., Inc. S.P. No. N/A Address: 5141 Lakeland Avenue North F.P. No. N/A Crystal, MN 55429 HAA Project No. OT373 Location: CSAH # 42 Traffic Signal Improvement Proj. No. 06-12 Contract No. N/A in accordance with the terms of this Contract, you are hereby authorized and iced to perform the work as altered by the following provisions: I Deductions A. Replace 50' long mast arm with 40' tong mast arm on Pole #5 in Southeast Quadrant of CSAH #39 and CSAH #42. 1. Materials (incl. sales tax and overhead) 4 B. Elimination of sixteen (16) detector loops on south and east legs of CSAH #39 /CSAH #42 due to installation of video detection as required by Wright County Highway Dept. 1. South leg —10 loops @ $800.00/loop $ 8,000.00 2. East leg — 6 loops @ $500.00/loop $ 3,000.00 Item Subtotal 511.000.00 Total Deductions sittala II Additions C. Install video detection system @ CSAH #39 and CSAH #42 as required by Wright County Highway Dept. 1. Materials (including sales tax and overhead) $ 404.17 2. Labor — 36 hours @ $75.15/hour $2,705.40 3. Equipment (lift truck) 9 hours @ $35.00/hour $ 315.00 Item Subtotal $3,424.57 D. Additional mast arm signal head on Pole #7 (noted as future head for existing signal system) at CSAH #39 and CSAH #42 1. Materials (including sales tax and overhead) E. Technical assistance with City fumished equipment 1. Labor —12 hours @ $75.15/hour L10.1.1112 F. Fumish signal service cabinets with battery back up provisions at 85 and 87 Avenues (was to be City furnished per specifications) 1. Materials (including sales tax and overhead) samasiaa ot373co1 • Page 2 of 2 G. Furnish and install batteries and inverters for signal service cabinets ©85"' and 87 Avenues 1. Materials (including sales tax and overhead) $5,633.00 2. Labor (16 hours @ $75.15 /hour) $1,202.40 Item Subtotal $6,$35.40 H. Temporary wiring from new system to existing poles at southwest and southeast quadrants of CSAH #39 and CSAH #42 to facilitate CSAH #42 widening until new poles and mast arms were delivered 1. Materials (including sales tax and overhead) $ 375.70 2. Labor (18 hours © $75.15/hour) $1,352.70 Item Subtotal 11 .7 ®4Q Total Additions $19,140,1& Total Net Addition Change Order #1 X7.301.11 Original Contract Amount $399,130.00 Change in Contract due to this Change Order $ 7,301.11 Total Contract Amount $406,431.11 issued by: I 3 /, � roject En / Date Approved by: Otsego City Official Date Accepted by. 3 ✓'s 7 Contractor's or¢ed Representative Date CHANGE IN CONTRACT TIME Due to this change, the Contract Time: ❑ is Increased by working Days ❑ is Decreased by Calendar Days ® is not changed. ❑ May be revised if the work affected the controlling 1 1 operation Anderson 3601 Thurston Avenue, Anoka, MN 55303 1 Asso SOC.,�t1C. Phone: 763/427 -5860 Fax: 763/427 -0520 30 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 Christine Cook, Lennar Corporation Daniel L. Schmidt, P.E. Sathre - Bergquist, Inc From: Brent Larson, E.I.T. Date: March 21, 2007 Re: Riverpointe 2" Addition — Vacation of Outlot B We have reviewed the proposed vacation of Outlot B in Riverpointe 2 Addition in order to final plat Riverpointe 4 Addition. Drainage and utility easements shall remain over all ponds and wetlands to the 100 -year High Water Level and cover the existing sanitary sewer running along the western edge of the Outlot with a minimum 20' wide easement centered over the pipe. C:\Documents and Settings \Tami\Local Settings \Temporary Internet Files\ Content .IE5 \7Q3XCDZK\ot2269HMmemo.doe ITEM 13_7 Date: March 26, 2007 To: City Council Members From: Judy Hudson Karee Rowell Subject: 2007 Clean Up Month We have received the new rates from Elk River Landfill and there will be a $1.22 increase this year $17.69 per ton (last year was $16.47). Also for the brush and compost last year was $21.00 per ton and this year is $22.50 per ton. There are a few price changes on the item list. Please see attached sample voucher with new prices. We would like to get the okay from the City Council as soon as possible. We need to order the vouchers; place it on the city website; advertise the first week in April and we will have the vouchers available in April. Thank you. CITY OF O TSEGO WASTE MANAGEMENT ON THE GREAT RIVER ROAD Elk River Landfill, Inc. A Waste Management Company 8899 Nashua Avenue N.E. • Otsego, MN 55330 22460 Hwy. 169 NW (763) 441 -4414 • Fax: (763) 441 -8823 Elk River, MN 55330 E -mail: cityhall @ci.otsego.mn.us (763) 441 -2464 • Fax: (763) 441 -2025 OTSEGO CLEAN UP MONTH VOUCHER MAY 2001 WHERE: Elk River Landfill HOURS: Monday thru Friday 7:00 a.m. to 5:00 p.m. Saturday 7:00 a.m. to 1:00 p.m. Sundays & Memorial Day Closed THIS VOUCHER ENTITLES YOU TO BRING ONE PICK -UP LOAD TO THE ELK RIVER LANDFILL. ACCEPTABLE ITEMS (no charge) NOT ACCEPTABLE Household junk No liquids such as: oil, paint, Furniture hazardous material, antifreeze Brush/Compost materials - must be separated from No Fluorescent Bulbs garbage and can't be bagged. NO CONTRACTORS/BUILDING MATERIALS Vehicle batteries ITEMS ACCEPTED AND CHARGED FOR: Amount Amount Tires w/o rims $ 6.00 ea. Computers $15.00 ea. Tires w /rims $ 8.00 ea. (Tower, Monitor or Printer) Tractor tires w/o rims $25.00 ea. Computer System $30.00 ea. Tractor tires w /rims $30.00 ea. Appliances: Console TV $25.00 ca:3Q -9 Households $4-2410-ea. 15 - TV $15.00 ea. Air Conditioners $227 60 30 • OD (household only) (NOTE: THESE PRICES ARE GOOD FOR ONLY THE MONTH OF MAY) YOU ARE REQUIRED TO UNLOAD YOUR OWN LOAD. Name: Identification/Proof of Residence is required. Address: No children under 16 allowed to leave vehicle PID#: on landfill site. Approved by: City of Otsego ONE VOUCHER PER HOUSEHOLD ITEM 12_1 MEMO Date: March 21, 2007 To: Mayor & Council Kurt Niedermeyer From: City Administrator Mike Robertson Re: Emergency Planning - Table Top Exercise I have spoken with Wright County Emergency Planner Steve Berg to discuss our proposed Table Top Exercise for Emergency Planning. I suggest the following dates as possibilities for this exercise. The time for the meeting would be 5:00 p.m. unless otherwise directed. Tuesday, April 10; Tuesday, April 24; Monday, April 30; Wednesday, May 2; or Thursday, May 17. A Table Top exercise is intended to be an informal discussion where we will review the City's Emergency Plan under a particular scenario. We would walk through the scenario and examine the Emergency Plan to determine what additional information is needed. The scenario we are planning to use is that a storm or other event deprives City facilities of electrical power for several days. In discussion with Steve Berg over the size of the group he recommended that the first meeting consist of just Council and City staff. Based on the discussion additional meetings could be held that included additional emergency personnel. CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2007 -19 RESOLUTION APPROVING VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER OUTLOT B IN RIVERPOINTE 2 ADDITION WHEREAS, the City of Otsego has received a request to vacate drainage and utility easements in the above - mentioned plat from Christine Cook of Lennar Corporation, Inc.; and WHEREAS, the purpose of the vacation is to remove easements from Outlot B in the plat recorded as RIVERPOINTE 2"' ADDITION in order to allow for residential subdivision; and WHEREAS, the Otsego City Council, on its own motion, ordered a public hearing on the proposed vacation; and WHEREAS, the established drainage and utility easements to be vacated are described as follows: See Exhibit A. WHEREAS, the City Council has determined that vacating the above described drainage and utility easements would be in the public interest and WHEREAS, the City of Otsego considered testimony related to the proposed 1 vacation of the drainage and utility easements so described; and WHEREAS, the City Council ordered a public hearing and meeting to act upon said proposed vacation at 6:30 p.m. on the 26th day of March 2007, at the Otsego City Hall; and WHEREAS, all legal requirements regarding giving notice have been satisfied; and WHEREAS, the City Council did meet on the 26 day of March, 2007, at the Otsego City Hall and heard all parties interested therein, and; WHEREAS, it now appears to the Otsego City Council that said drainage and utility easements serve no useful purpose; NOW, THEREFORE, the City Council of the City of Otsego, Wright County, Minnesota, hereby orders: 1. That the drainage and utility easements described in Exhibit A in the plat recorded as RIVERPOINTE 2 ADDITION, City of Otsego, Wright County, Minnesota, are hereby vacated with all related costs being the responsibility of the applicant. 2. The City Council hereby determines that vacation of said drainage and utility easements shall cause no damage to any abutting or nearby property owners and therefore no damages are awarded to any such property owners. Motion for adoption of resolution by , seconded by at the meeting of the Otsego City Council on the 26 day of March, 2007. IN FAVOR: OPPOSED: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk 2 LEGAL DESCRIPTON Section 1, Range 23, Township 120, PID No. 118 - 174 - 000020 Outlot B, Riverpointe 2nd Addition, Wright County, Minnesota, according to the recorded plat thereof. Contains 20.12 acres. COURI, MACARTHUR & RUPPE, P.L.L.P. Michael C. Couri• Attorneys at Law Kristen H. Carr Andrew J. MacArthur 705 Central Avenue East Kyle R. Hartnett Robert T. Ruppe•• PO Box 369 St. Michael, MN 55376 -0369 *Also licensed in Illinois (763) 497 -1930 **Also licensed in California (763) 497 -2599 (FAX courimacarthur@earthlink.net March 22, 2007 City Council Members City of Otsego c/o Judy Hudson, City Clerk 8899 Nashua Avenue NE Otsego, MN 55330 RE: Proposed Agreement Regarding Skyway Dear Council Members: Please find enclosed for review and possible action by the City Council is an agreement between the two owners of the lot and outlot and the City regarding the proposed skyway within Waterfront East. The skyway will be a private facility but it will extend over public right of way. Thus, in order for the skyway to be constructed their needs to be an Agreement between the property owners and the City regarding easements and liability for the structure. The City is agreeing to provide an air easement across the road right of way in order to accommodate the structure, as well as a support easement within the median. The property owners have agreed to provide the City with necessary easement in order to enter onto the skyway and other property for public purposes. The property owners have also agreed to indemnify and hold harmless the City from any cause of action related to the skyway. The property owners have also agreed to be responsible for the signage related to or required by the proposed skyway. The City Engineer is presently investigating what the proper clearance for the structure should be and he should have a recommendation prior to or at the City Council meeting. This recommendation could affect the language regarding the starting elevation for the air right easement which is contained in the Agreement. Letter to Otsego City Council March 22, 2007 Page 2 I have reviewed and proposed revisions to the applicants Covenants and Easements which they have accepted. I would recommend that the City Council approve the proposed document as presented for execution by the City, subject to the engineer's recommendation regarding the allowable structure elevation. I will be available to answer any questions you might have at Monday nights regularly scheduled City Council meeting. Very tru . s, A` t% ew J. acArt COURI, MACARTHUR & RUPPE, PLLP Encl. cc: Dan Licht, City Planner Ron Wagner, City Engineer Bob Fields, Landcor Gordon Jensen, Attorney at Law 0 91's"O IN M. 4 3.0.410° a3r a 4�Zw , 6 1 ° f t, �Te ari Zy." -- M- �£Sb�� ' , N S MS \ 7 3 c�yNltlao 4 B $`�= R s 4 a ' _ unu V W tl3 ,. az r - I 0 o ° 1 v 3 \ s 14' \ T, .. If L I 9A 14 8", (1 .44- ;? / .-1 0 �F i 1 � � << CA i • 5 i 1 .., ..:43: . or ., ,..- ...".1 + l7&1 . I I " . 0 4O d R%v` R a ��r . 3 � / a - ^ \' a . 3'.4 3^ 43" / ,N 1 �•� ..2 1 o,, \ i i 1 � o i I -- N00°fY3YW 40347 - -- if ` I II 3 1 a e ri i q 111 a� • P e i a tt 1 e E �� ! > 7 Ilk F a Elf 1 E \ I I , I I A li PI I 1 li ti t l 1 ' 1 1 10 # t „ e 1 R gill I Ili e i l EXHIBIT B, EASEMENT AREA • PREPARED FOR es Bu �. z US HOME CORPORATION °i iii�! OUTLOT B , RIVERPOINTE 1_01: SATHRE- BERGQUIST, INC. y ° s , °%, e 160 SOUTH BROADWAY WAYZATA. MN. 64381 0)07&4000 2ND ADDITION OTSEGO, MINNESOTA co DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND GRANT OF EASEMENTS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND GRANT OF EASEMENTS made effective the day of , 2007, by and among LAND FUND I, a Minnesota limited liability company ( "Land Fund I ") and RTB, LLC, a Minnesota limited liability company ( "RTB ") (collectively the "Declarant ") and the City of Otsego, a municipal corporation of the laws of the State of Minnesota ( "City "). I. RECITALS WHEREAS, RTB is the owner of the real property lying and being in the City of Otsego, County of Wright, State of Minnesota, legally described as follows: Outlot M, Otsego Waterfront East; (hereinafter individually and collectively referred to as the "South Property"); and WHEREAS, Land Fund I is the fee owner of real property lying and being the City of Otsego, County of Wright, State of Minnesota, legally described as: Lot 1, Block 1, Otsego Waterfront East First Addition Outlot H, Otsego Waterfront East; Outlot G, Otsego Waterfront East; WHEREAS, Outlot M, Otsego Waterfront East and Lot 1, Block 1, Otsego Waterfront East First Addition are continuous (hereinafter collectively referred to as the "South Property"); and -1- WHEREAS, Outlot H, Otsego Waterfront East and Outlot G, Otsego Waterfront East are continuous ind are (hereinafter collectively referred to as the "North Property"); and WHEREAS, the North Property and South Property are separated by a public street dedicated to the City for public use; and WHEREAS, the North and South Property (collectively also referred to as the "Property") are subject to the terms and conditions of a Development Agreement, as hereinafter defined, and subject to a Declaration of Covenants, Conditions, Restrictions and Grant of Easements dated March 16, 2005, filed May 16, 2005, as Document No. A959297 in the office of the County Recorder, Wright County, Minnesota (hereinafter referred to as the "Waterfront East Declaration "); and WHEREAS, the Waterfront East Declaration provides for and the Development Agreement requires the establishment of an enclosed pedestrian bridge providing pedestrian access above, over and across the Public Roadway, as defined herein, connecting the North Property and the South Property; and WHEREAS, the Waterfront East Declaration provides for and the Development Agreement requires the establishment of cross easements for access and parking for improvements constructed upon the North Property; and WHEREAS, the Waterfront East Declaration provides for and the Development Agreement requires the establishment of cross easements for access and parking for improvements constructed upon the South Property; and WHEREAS, the Waterfront East Declaration provides for and the Development Agreement requires uniform standards for signage within the Property; and WHEREAS, the Waterfront East Declaration and the Development Agreement require installation of a pylon sign for uniform identification of the Waterfront Development and the various businesses conducted within the development; and WHEREAS, in accordance with the requirements of the City of Otsego and in accordance with the Development Agreement and the intent and purpose of the Waterfront East Declaration, Land Fund I will construct the required enclosed pedestrian bridge providing pedestrian access above, over and across the Public Roadway connecting the North Property and South Property in accordance with plans, specifications and requirements of the City; and WHEREAS, the South Link Building has been constructed upon the South Property; and WHEREAS, the North Link Building will be constructed upon the North Property contemporaneous with the construction of improvements upon the North Property; and • WHEREAS, the North Link Building and South Link Building are each respectively required for structural support and access to the Skyway as defined herein; and -2- WHEREAS, in accordance with the requirements of the City of Otsego and in accordance with the ) evelopment Agreement and the intent and purpose of the Waterfront East Declaration, Declarant will cause to be constructed the required enclosed pedestrian bridge providing pedestrian access above, over and across 90th Street, connecting the North Property and the South Property in accordance with plans and specifications and requirements imposed by the City of Otsego; and WHEREAS, structural support for and access to the Skyway is provided from the Link Buildings, as defined herein, located within the North Property and the South Property; and WHEREAS, the parties to this Declaration desire to create certain easements and covenants with respect to the use, operation and maintenance of the Skyway and the Link Buildings for the benefit of the North Property and the South Property; and WHEREAS, it is the intent of the Declarant and the requirement of the City that the Property be developed in accordance with the general plan for an integrated commercial development. NOW, THEREFORE, in order to create and preserve the quality and a harmonious development of the Property, the parties to this Declaration hereby declare that the North Property and the South Property shall each respectively be held, sold, conveyed, occupied and used subject to and benefited by (as the case may be) the easements and covenants set forth herein which are for the purpose of protecting the value and function of the Property and which shall run with the Property and inure to the benefit of and be binding on all parties having any right, title or interest in the North Property and/or the South Property, or a part thereof, and the heirs, successors, personal representatives and assigns of such parties. II. DEFINITIONS A. Defined Terms. 1. Building or Building Area(s). For the purpose of this Declaration Building does not include the South Link Building and/or the North Link Building to the extent separately defined herein. The portions of the North Property and South Property upon which Buildings or other improvements are constructed from time to time in accordance with plans and specifications approved by the City consisting of the area within or attached to the exterior surfaces of the exterior walls of any heating building or structure. 2. Association. "Association" shall mean Waterfront . East Skyway Association organized and existing in accordance with the Minnesota Non - Profit Corporation Act, Minnesota Statutes Chapter 317A. 3. City. City of Otsego, a municipal corporation under the laws of the State of Minnesota. 4. Common Area(s). All drives, lanes and drive aisles located in the parking areas located on portions of the Property upon which improvements are installed or administered at the -3- direction of the association for the common benefit of the Property including, but not limited to, parking areas, landscaped areas, lighting, curbs, sidewalks and signage. 5. Common Parking Area. Those areas of the North Property and South Property to be used for parking of motor vehicles including all driveways and drive aisles located on the Property as depicted on a Site Plan approved by the City, but exclusive of the Designated Parking as shown on the Site Plan. 6. Designated Parking. Each Owner or its Occupant may designate up to 50 percent of the parking spaces designated on the Site Plan for its Lot as exclusive parking for the Occupant and its Permitees. The designated parking shall be a) comply with the Americans With Disability Act; and b) the Site Plan approved by the City. 7. Development Agreement. The Development Agreement executed by and between Land Fund I, LLC and the City of Otsego dated December 20, 2004, filed May 16, 2005, in n the office of the County Recorder, Wright County, Minnesota, as Document No. 959295, as modified by the Addendum to Development Agreement filed May 16, 2005, as Document No. A959296, and the "Approvals" as identified in Document No. A959296. 8. Ground Lease. A lease which demises an entire Lot to a Person for a term of forty (40) years or more (or for a term of twenty (20) years or more and permits the ground lessee to construct a Building upon the Lot). 9. Link Buildings. Link Buildings shall mean collectively the North Link Building and the South Link Building. Link Buildings shall include all improvements as the same be constructed and maintained from time to time, including specifically the Link Building Improvements. 10. Link Building Improvements. Link Building Improvements shall mean all improvements constructed and maintained from time to time within the respective Link Buildings, including specifically elevator shafts and equipment, restroom facilities, wall coverings, lighting fixtures, fire suppression systems, security systems, heating and cooling equipment, and all other improvements within the Link Buildings intended for joint use, as determined from time to time by the Association. 11. Lot(s). Individually and collectively, Outlot G, Outlot H and Outlot M, Otsego Water Front East and Lot 1, Block 1, Otsego Waterfront East First Addition, Wright County, Minnesota. 12. Mortgagee(s). Any "Person" (hereafter defined) that holds a mortgage lien encumbering any one or more of the Buildings filed in the office of the County Recorder/Registrar of Titles, Wright County, Minnesota. 13. North Link Building. The structure and improvements constructed upon the North Property which provides access to and from the Skyway to the Buildings constructed upon the North Property. The portion of the North Property improved and/or to be improved with the North Link Building is legally described on Exhibit A and graphically depicted on Exhibit A -1. -4- 14. Occupant(s). Any Person from time to time entitled to the use and occupancy of any portion of a Building under any lease, license or concession agreement, or other instrument or written arrangement under which such Person acquires its right to such use and occupancy. 15. Owner(s). An "Owner" for purposes of this Declaration shall be Declarant and its successors as recorded fee simple owner of any Lot. For purposes hereof, if any Lot is sold under a contract for deed or leased under a "Ground Lease" (as herein defined) the contract for deed purchaser ( "Vendee ") and/or ground lessee shall be deemed the Owner in lieu of the record fee simple owner, provided however, that for purposes of amending or modifying this Declaration, the fee simple title owner and the Vendee and/or ground lessee, as the case may be, shall jointly all be deemed the Owner. In the event any Building is owned or deemed to be owned by more than one Person, such Person shall constitute one Owner, but shall be jointly and severally obligated under this Declaration. 16. Person(s). Individuals, partnerships, limited liability companies, corporations, trusts or any other form of business or government entity. 17. Permittee(s). Occupants and their respective employees, agents, contractors, customers, vendors, suppliers, visitors, invitees and licensees. 18. Property. Property shall for the purpose of this Declaration be deemed to be the North Property and South Property collectively. The Property is graphically depicted on Exhibit E. 19. Public Roadway. Public Roadway is 90 Street, as dedicated in the plat Otsego Waterfront East. 20. Roadways. All improvements serving the North Property and/or the South Property and the Individual Lots consisting of the bituminous concrete or other hard surface Roadways including drive lanes and drive aisles located on the respective Lots designed to provide ingress and egress of motor vehicles and pedestrians to the Individual Lots including curbing, curb cuts and apron drives between curb cuts. 21. Site Plan. The diagram or drawings submitted to and approved by the City for construction of Buildings and related improvements within a Lot. 22. Skyway. The enclosed pedestrian bridge crossing the Public Roadway and connecting Buildings constructed within the North Property and the South Property, including the bridge structural, vertical and horizontal support, and associated interior finish and utility systems. The Skyway is legally described on Exhibit C and graphically depicted on Exhibit C - 1. 23. South Link Building. The structure and improvements constructed upon the South Property which provides access to and from the Skyway to the Buildings constructed upon the South Property. The portion of the South Property improved and/or to be improved with the South Link Building is legally described on Exhibit B and graphically depicted on Exhibit B - 1. -5- III. EASEMENTS A. Easements Granted. Subject to the terms and conditions of this Declaration, the following easements are hereby declared, established and granted, which shall be appurtenant to the North Property and its respective Lots and the South Property and its respective Lots: 1. Easement for Passage. For the benefit and use of the Owners, Occupants and Permitees, a non - exclusive easement for passage in, upon and through the Skyway. 2. North Link Building Easement. For the benefit of the Owners, Occupants and Permitees, a non - exclusive easement in, over, upon and through the North Link Building for the purpose of utilization of Link Buildings Improvements located therein and to promote access and use of the Skyway for its intended purposes. 3. South Link Building Easement. For the benefit of the Owners, Occupants and Permitees, a non - exclusive easement in, over, upon and through the South Link Building for the purpose of utilization of Link Buildings Improvements located therein and access and use of the Skyway for its intended purposes. 4. North Property Easement for Structural Support. An easement over, under and upon the portions of the North Property described on Exhibit A and within the North Link Building for the purpose of structural support of the Skyway. 5. South Property Easement for Structural Support. An easement over, under and upon the portions of the South Property described on Exhibit B and within the South Link Building for the purpose of structural support of the Skyway. 6. Temporary Easement for Construction and Maintenance. Construction activity incidental to construction of the North Link Building, South Link Building and Skyway will necessitate entry upon other portions of the Property. Each Owner grants to the other Owners a right to create temporary staging on its Lot at such locations as will not unreasonably interfere with access and use of other Buildings, the Link Buildings and/or Skyway. This Temporary Easement is limited and created for the sole purpose of accommodating construction and maintenance for such a period of time as may reasonably be required for construction and/or maintenance. 7. Utility Easements. As a benefit for Lots within the North Property and Lots within the South Property respectively, non - exclusive easements appurtenant to the respective Lots for installation maintenance, repair and replacement of water mains and laterals, sanitary sewer mains and laterals, water sprinkler system lines, including lines for underground irrigation systems, telephone and electrical conduit systems, gas mains, telecommunications and other public utility facilities necessary for the construction and use of improvements constructed within the Building Areas on the respective Lots. All such systems, structures, mains, laterals, conduits, lines and other -6- public utilities, shall, to the extent reasonably possible, be installed and maintained below the ground level or surface. 8. Storm Drainage Easements. Non - exclusive easements appurtenant to the Lots within the North Property and South Property respectively for discharge drainage use and for detention and retention of storm water run off consistent with grading and storm water drainage for the North Property and South Property respectively in accordance with grading and drainage plans approved by the City in connection with the Site Plan. 9. Air Right Easement. An easement over and across the Public Roadway for construction and maintenance of the Skyway. The Air Right Easement is legally described on Exhibit C -1. 10. Public Roadway Structural Support Easement. An easement is granted for the benefit of the Property within the median of the Public Roadway for installation and maintenance of structural support required for the Skyway. The easement is legally described on Exhibit C -2. 11. Signage Easement. As a benefit for the Property and as required by Development Agreement an Easement is granted within Outlot M Otsego Waterfront East for the installation and maintenance of a maximum size free - standing pylon sign displaying names and locations of Owners and Permitees of the Property. The pylon sign will be substantially as depicted on Exhibit D. 12. Parking Easements. As a benefit for the Lots within the North Property, a non- exclusive easement for Owners, Occupants and Permitees of the North Property in common (except for Designated Parking) a non - exclusive easement over the Common Parking Areas within the North Parcel for the parking of motor vehicles. Storage of motor vehicles within the Common Parking Area is prohibited. B. Delegation of Enjoyment. The Owners of the North Property and South Property, or any portion thereof, may delegate enjoyment of the easements granted to Occupants and Permitees, their respective employees and business invitees. Notwithstanding the foregoing, without consent of the other Owners, no Owner shall grant any easement for the benefit of any property not subjected to this Declaration; provided however, the foregoing shall not prohibit the granting or dedication of easements by an Owner on its Lot to any governmental authority or to public utility companies. C. Duration of Easements. The easements created in this Declaration are appurtenant to the South Property and North Property and are perpetual, subject only to termination of the Skyway Easement, Air Right Easement and Public Roadway Structural Support Easement upon the occurrence of the earlier of the following events: 1. Demolition of the Buildings initially constructed on the South Property and the Buildings initially constructed on the North Property. 2. By unanimous written agreement of the then Owners of the North Property and South Property, and the City. -7- 3. Upon formal action by the City which requires demolition and removal of the Skyway. 4. In the event the Skyway is not constructed within ten years of the date of this Declaration. In the event the Skyway has been constructed and the Skyway Easement terminated, the cost of the removal of the Skyway shall be shared equally by the respective owners of the South Property and North Property. Termination of the Skyway Easement shall not terminate the easements rights to the North Link Building which are appurtenant to the North Property, nor terminate the easement rights to the South Link Building which are appurtenant to the South Property. D. Easement for Encroachments. The Lots which comprise the North Property and the Lots which comprise the South Property are each respectively subject to an appurtenant easement for encroachments in favor of the adjoining Lot arising as a result of the construction, reconstruction, repair, shifting, settlement, or movement of the respective Link Building. Such easement shall continue for as long as the encroachment exists and shall not affect the marketability of title. IV. CONSTRUCTION RIGHTS AND OBLIGATIONS A. Skyway Use Restrictions. Utilization of the easements granted by this Declaration for the Skyway are subject to the following general restrictions: 1. Barriers. Barriers which would unreasonably prevent or obstruct the passage of pedestrians shall not be erected or permitted within the Skyway or Link Buildings; provided, however, that the foregoing provision shall not prohibit the installation of lockable doors between Buildings and the Link Buildings. Fire control/fire stop barriers required by applicable building codes shall not be deemed a "Barrier ". 2. Construction Interference. In connection with any construction, reconstruction, repair or maintenance on its Building, each Building Owner reserves the right to create a temporary staging and/or storage on its property at such location as will not unreasonably interfere with access of other Buildings to the Link Buildings and/or Skyway. 3. Governmental Approval. All improvements and utilities for the Link Buildings and Skyway shall be approved, in writing, by the appropriate governmental authority(s) and utility company(s). 4. General. The Link Buildings and Skyway shall be used solely for lawful purposes in conformance with all restrictions imposed by all applicable governmental laws, ordinances, codes, regulations, and any applicable limitations, including the PUD for development of the Property. No use shall be made, conducted or permitted on or with respect to all or any portion of a Property which is illegal. -8- B. Roadway and Parking Easement Use Restrictions. Utilization of the Common Parking Areas and Roadways are subject to the following general restrictions: 1. Barriers. No fence, curbing or barriers which would unreasonably prevent or obstruct the passage of pedestrian or vehicular travel for purposes permitted by this Declaration shall be erected or permitted within or across the roadway easement or within the Common Parking Areas; provided, however, the foregoing shall not prohibit the installation of convenience shelters (such as mailboxes, public telephones, benches or public transportation shelters, landscaping burms, or planters, nor curbing or other forms of traffic controls adjacent to the roadway easement in accordance with a Site Plan approved by the City). 2. Governmental Approvals. All improvements and utilities within the Common Parking Area and Roadway Easement shall be approved in writing by the City. C. The Roadway Easement and Common Parking Area shall be used solely for lawful purposes in conformance with all restrictions imposed by all applicable laws, ordinances and regulations of the City and no use of the property shall be made, conducted or permitted which is illegal. D. General Requirements. 1. Construction Compatibility. Construction of Buildings are subject to the Waterfront East Declaration and the Development Agreement. The Skyway and Link Building shall also be constructed in accordance with the Otsego Waterfront "Development Standards" dated June 14, 2004, which are on file in the offices of the City, as the same may be amended and/or supplemented from time to time. 2. Compliance with Laws. Construction activities performed upon each Lot shall be performed in compliance with all laws, rules, regulations order and ordinances of the City affecting improvements constructed within the Property and construction activities shall not: (a) Cause any unreasonable increase in the cost of constructing improvements upon another lot. (b) Unreasonably interfere with construction work being performed on any other part of the Property. (c) Unreasonably interfere with the use, occupancy or enjoyment of any part of the Property and/or easements granted by this Declaration. (d) Cause any other owner to be in violation of any law, rule, regulation order or ordinance applicable to its property of the City, County, State or Federal Government Agencies or any departments thereof. E. Construction of Utilities Servicing the Lots. The initial cost of installation of utility services within each respective Lot will be the responsibility of the Owner of the Lot. -9- F. Construction of Parking Areas. Designated Parking and Common Parking Areas within ;ach respective Lot shall be installed and initially striped at the sole cost and expense of the respective Lot Owner. G. Construction of Drainage Facilities. Construction of drainage facilities shall be in accordance with the Site Plan for the North Property and the South Property, respectively, and grading requirements as required by the City. Storm water drainage within each respective Lot shall be the responsibility of the Owner of the Lot. H. Construction of the Link Buildings and Its Improvements and Construction of the Skvway. The initial cost of construction of the Link Buildings and Link Building Improvements and the Skyway shall be shared and allocated in accordance with the following percentages: 1. Lot 1, Block 1, Otsego Waterfront East First Addition, according to the duly recorded plat thereof on file and of record in the office of the County Recorder, Wright County, Minnesota — 25 %; 2. Outlot M, Otsego Waterfront East - 25 %; 3. Outlot H, Otsego Waterfront East - 25 %; and 4. Outlot G, Otsego Waterfront East - 25 %. I. Damage to the Skyway and Link Buildings. In the event the Skyway and/or Link Building(s) are damaged or destroyed by fire or other casualty, the Association shall repair, restore and reconstruct the same. J. General Construction Indemnity. Each Building Owner agrees to defend, indemnify and hold harmless each and every other Building Owner, the Association and the City from all claims, actions and proceedings and costs incurred (including reasonable attorneys' fees and costs of suit) which result from any accident, injury, loss or damage whatsoever occurring to any person arising out of or resulting from the performance of any construction activities performed or authorized by such indemnifying Building Owner. Any damage occurring to any portion of the Property as a result of such construction work shall be the responsibility of the Building Owner performing such construction work or causing such construction work to be performed and shall be repaired by such Building Owner, at such Building Owner's sole cost and expense, to the same condition as existed immediately prior to such work promptly upon the completion of such construction work. K. Mechanic's or Construction Liens. If, because of any act or omission (or alleged act or omission) of any Building Owner, any mechanic's or construction lien shall be filed with respect to any portion of the Property (whether or not such lien is valid or enforceable as such), such Building Owner shall cause same to be discharged of record, or bonded, with respect to such portion of the Property not owned by such Building Owner, within thirty (30) days after being notified of the filing thereof; and such Building Owner shall indemnify and save harmless all Building Owners, all ground and underlying lessors and mortgagees from all costs, liabilities, suits, penalties, claims and demands, including reasonable attorneys' -10- fees resulting therefrom. If such Building Owner fails to comply with the foregoing, any other Building -)wner and/or Association shall have the option of discharging or bonding any such lien. If such option is exercised, the Building Owner whose act or omission (or alleged act or omission) gave rise to the lien shall reimburse the Building Owner and/or Association who discharged or bonded such lien for all costs, expenses and other sums of money (including reasonable attorneys' fees) in connection therewith promptly upon demand. V. SKYWAY OPERATIONS, MAINTENANCE RIGHTS AND OBLIGATIONS A. Sharing Allocation of Cost and Assessment. The cost of operating, maintaining, cleaning, repairing and insuring the Skyway and Link Buildings, shall be contracted for through the Association and shall be allocated as follows: 1. Lot 1, Block 1, Otsego Waterfront East First Addition, according to the duly recorded plat thereof on file and of record in the office of the County Recorder, Wright County, Minnesota - 25 %; 2. Outlot M, Otsego Waterfront East - 25 %; 3. Outlot H, Otsego Waterfront East - 25 %; and 4. Outlot G, Otsego Waterfront East - 25 %. B. Hours of Operation; Access. As the Association from time to time may determine, the Skyway and Link Buildings will be open from 6:00 o'clock a.m. to 9:00 o'clock p.m., local time, Mondays through Fridays, and from 7:00 o'clock a.m. to 6:00 o'clock p.m., local time, Saturdays and Sundays, except holidays, and such additional hours as the Association from time to time may determine. The Association may, but shall not be obligated to use security personnel or install security devices to control and monitor use of the Skyway and Link Buildings during some or all of the hours of operation. Each Owner shall have the right to use security personal or install security devices to control and monitor access to their respective Building. None of the security measures undertaken by any Party shall unreasonably interfere with use of the - - easements by the Owners, Occupants and Permittees. C. Limitation on Assessment. Until such time as the Skyway has been constructed, it is anticipated that the respective Link Buildings will function separately in conjunction with the Buildings constructed within the North Property and South Property, respectively. Until such time as Certificates of Occupancy have been issued for Buildings constructed on the South Property, 100 percent of the cost shall be borne by the North Properties. D. Heating, Lighting, etc. The Association shall cause to be furnished all heating, air - conditioning, lighting and electrical power necessary for the Skyway and Link Buildings. The cost shall be allocated and paid as described in paragraph A above. -11- E. Repairs and Alterations. The Association will furnish or contract for all repairs and replacements necessary to keep the Skyway and Link Buildings in its present good operating condition, the cost of which will be shared as described in paragraph A above. The Association shall also have the right to make capital improvements and alterations to the Skyway and Link Buildings other than those required to keep them in good original order and condition, so long as such improvements and alterations do not materially degrade the usefulness of the Skyway and Link Buildings for the e asements granted by this Declaration. F. Insurance. Casualty and liability insurance shall be procured and maintained for the Skyway and Link Buildings by the Association. The cost of insurance shall be allocated and paid in accordance with this Article V. VI. MAINTENANCE AND REPAIR A. Maintenance and Restoration of the Roadway Easement Improvements. Designated Parking and Common Parking Areas. Maintenance of improvements to the Roadway Easement shall include but not be limited to the following: 1. Maintaining the asphalt surfaces in a level, smooth and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be equal or superior in quality, use or durability. 2. Removing ice, snow, papers, debris, filth and refuse as soon as practically possible and sweeping to the extent reasonably necessary to keep in a clean and orderly condition. 3. Placing, keeping and repair and replacing any necessary appropriate directional signs, markers, and lines. B. Maintenance and Restoration of Utility Easement Improvements. Utilities servicing improvements made within Building Areas of each Lot shall be maintained and repaired in accordance with the following: 1. Common utility lines (excluding any laterals extending there from) used solely for the benefit of two or more owners shall be maintained and repaired by such owners jointly and the costs thereof allocated among them equitably based upon the share of benefits derived. 2. In instances where repairs are necessitated by damage which can be traced to the fault of a particular owner or occupant, such Person shall be responsible for the cost of the repairs to the extent of its fault. 3. Any owner performing maintenance work with respect to utility lines shall promptly pay all costs and expenses associated therewith, to diligently complete such work as quickly as possible, and to promptly clean the area and restore the affected portion of the roadway and any other -12- affected areas of the Property to a condition which is equal to or better than the condition which existed prior to the beginning of such work. 4. Whenever performance is required by any Owner, that Owner shall use all due diligence to perform and take all necessary measures in good faith to perform as soon as possible; provided, however, that if completion of performance shall be delayed at any time by reason of acts of God, war, civil commotion, riots, strikes, picketing or other labor disputes, unavailability of materials or labor, or damage to work or other activity in progress by reason of fire or other casualty, or causes beyond the reasonable control of that owner, then the time for performances herein specified shall be appropriately extended by the length of the delay actually so caused. VII. SIGNAGE A. Skyway Signage. Signage within the Skyway shall be subject to the terms set forth in the Development Agreement as specifically modified by the Addendum to Development Agreement filed in the office of the County Recorder, Wright County, Minnesota, as Document No. A959296. B. Property Signage. Uniformity in signage identifies specific businesses operated from the Property will create a quality and harmonious development. An overall signage plan has been established and approved by the City, including but not limited to, the pylon sign substantially as depicted on Exhibit D. C. Signage Maintenance. All signage for the Skyway including specifically such additional ignage as may be required and/or deemed appropriate by the City in order to provide for the safety and welfare of the public utilizing the Skyway and/or the Public Roadway shall be subject to approval by the City. All signage shall be maintained by the Association. VIII. ADMINISTRATION AND ASSESSMENT A. Association. The Association has been created and upon execution of this Declaration is granted the power to attend to and effectuate policies and programs which will enhance the value of the Property and maintain, administer and enforce the covenants and restrictions and collect and disbursements assessments and charges as provided in this Declaration. B. Association Records. The Board of Directors shall cause to be kept at the registered office of the Association, and at such other place as the Board of Directors may determine, records of the actions of the Board of Directors, minutes of the meetings of the Board of Directors, minutes of the meetings of the Owners of the Association, names of the Owners, and detailed and accurate records of the receipts and expenditures of the Association. All Association records, including receipts and expenditures and any vouchers authorizing payments, shall be available for examination by the Owners upon reasonable notice and during normal business hours. Separate accounts shall be maintained for each Lot setting forth the amount of the assessments against the Lot, the date when due, the amount paid thereon and the balance remaining unpaid. -13- C. Enforcement of Obligations. All Owners and Occupants and their Permittees are obligated end bound to observe the provisions of this Declaration and the Rules and Regulations implemented in accordance therewith. The Association may impose any or all of the charges, sanctions or remedies authorized by this Declaration and/or Rules and Regulations implemented pursuant thereto, or by law, and may enforce and implement all rights reasonably required in order to enable it to manage and operate the Association and the Skyway and Link Buildings. D. Assessment Procedures. The Board of Directors shall, at least thirty (30) days prior to the first day of the Association's fiscal year, prepare a budget of projected expenses for the Skyway and Link Buildings ( "Common Expenses ") and assess and levy such Common Expenses according to the respective Common Expense liability as set forth in this Declaration. The annual budget shall include a general operating reserve, and an adequate reserve fund for maintenance, repair and replacement of the Skyway and/or the Link Buildings and all improvements contained within and utilized as part of the Skyway and Link Building, which must be maintained, repaired or replaced by the Association on a periodic basis. E. Assessment Levy. The Board of Directors shall fix the amount of the annual assessment against each Outlot and advise the Owners in writing of the assessment at least thirty (30) days prior to the date when the first installment thereof is due. The failure of the Board of Directors to timely levy an annual assessment shall not relieve the Owners of their obligation to continue paying assessment installments in the amount currently levied, as well as any increases subsequently levied. If an annual assessment proves to be insufficient, the budget and assessments thereof may be amended, or a special assessment levied, by the Board of Directors. The levy shall be deemed to occur upon the date specified in the resolution which fixes he assessment. F. The Association shall furnish copies of each budget upon which the Common Expense and the assessment is based to each Owner, upon request of such Owner. G. Payment of Assessments. Annual assessments shall be due and payable in monthly installments in advance on the first day of each month of the year or other period for which the assessments are made, and special assessments shall be due when designated by the Board of Directors. All Owners shall be absolutely and unconditionally obligated to pay the assessments levied pursuant to the Declaration. No Owner or Occupant shall have any right of withholding, offset or deduction against the Association with respect to any assessments, or related late charges or costs of collection. Any rights or claims alleged by an Owner may be pursued only by separate action. H. Default in Payment of Assessments. If any Owner does not make payment on or before the date when any assessment or installment thereof is due, subject to such grace periods as may established, the Board of Directors may assess, and such Owner shall be obligated to pay, a late charge as provided in the Declaration for each such unpaid assessment or installment thereof, together with all expenses, including reasonable attorneys' fees, incurred by the Board in collecting any such unpaid assessment. I. Acceleration Upon Default. If there is a default of more than thirty (30) days in payment of any assessment, the Board of Directors may accelerate any remaining installments of the assessment upon prior written notice thereof to the Owner, and the entire unpaid balance of the assessment and late charges -14- shall become due and payable upon the date stated in the notice unless all past due amounts, including late charges, costs of collection and fines, are paid prior to said date. J. Collection. The Board of Directors shall have the right to recover all assessments for Common Expenses, together with all charges, attorneys' fees or expenses relating to the collection thereof. K. Remedies. The rights and remedies referred to herein shall in no way limit the remedies available to the Association under the Declaration or as provided in law or in equity. L. Foreclosure of Liens for Unpaid Assessments. The Association has the right to foreclose its lien for assessments imposed by the Association. Foreclosure shall be in accordance with the provisions of Minnesota Statutes Chapter 515B. M. Association Records. The Board of Directors shall cause to be kept at the registered office of the Association, and at such other place as the Board of Directors may determine, records of the actions of the Board of Directors, minutes of the meetings of the Board of Directors, minutes of the meetings of the Owners of the Association, names of the Owners, and detailed and accurate records of the receipts and expenditures of the Association. All Association records, including receipts and expenditures and any vouchers authorizing payments, shall be available for examination by the Owners upon reasonable notice and during normal business hours. Separate accounts shall be maintained for each Lot setting forth the amount of the assessments against the Lot, the date when due, the amount paid thereon and the balance remaining unpaid. IX. INSURANCE A. Insurance. In addition to the foregoing responsibilities of the Association, the Association shall provide general public liability insurance for the Link Buildings and the Skyway against claims for personal injury, death or property damage occurring on or about the Link Buildings and/or the Skyway. Such insurance shall be written with an insurer licensed to do business in the State of Minnesota, and the Building Owners and the City shall be named insureds on the insurance policy. The limits of liability of all insurance shall be not less than Two Million Dollars ($2,000,000.00) for total claims for any one occurrence and One Million Dollars ($1,000,000.00) with respect to damage to property; or in lieu of such coverage, a combined single limit policy (covering bodily injury and property damage liability) with a limit of not less than Three Million Dollars ($3,000,000.00). Such insurance shall not be subject to any deductible unless first approved in writing by the Building Owners. The Association shall furnish the Building Owners and the City with a certificate or, upon request, the policy, evidencing such insurance. The policies of such insurance shall provide that the insurance shall not be changed or canceled without the giving of twenty (20) days' written notice of the holders of such insurance and the holders of such certificates. X. CITY PROVISIONS A. Limitation. The City has executed this Declaration for the purpose of creating the easements necessary for construction and maintenance of the Skyway. The City shall have no responsibility or liability -15- for performance of any of the covenants and agreements as set forth in this Agreement, nor shall it be bound iy or subject to any limitations on enforcement, remedy or otherwise set forth in this Agreement. Notwithstanding the foregoing, in the event the City performs maintenance or makes repairs pursuant to any of the terms of this Declaration or constructs any public improvements pursuant to the laws of the State of Minnesota, the City may assess the cost of such maintenance or repairs or public improvements to the Property. B. Right of Ingress and Egress. The City is granted the right of ingress and egress over the Common Parking Area, Roadways and through the Link Buildings and Skyway to perform police calls, fire calls, rescue and other emergency calls inspections, animal control, street maintenance and repairs, street construction and re- construction, snow removal, sanitary sewer, storm sewer, water main and other utility maintenance, weed control, installation of cable television or other public services deemed necessary by the City. The cost of any such work performed may be assessed against the respective Lots. C. City Indemnity. Declarant agrees to defend, indemnify and hold harmless City from all claims, actions and proceedings and costs incurred (including reasonable attorney's fees and costs of suit) which result from any accident, injury, loss or damage whatsoever occurring to any person arising out of or resulting from or alleged to result from this Agreement or issues related to this Agreement, including, but not limited to, actions or proceedings brought by the Declarant relative to the terms and conditions of this Agreement. XI. REMEDIES AND ENFORCEMENT A. Equitable Remedies. In the event of a breach or threatened breach by any Owner or its Permittees of any of the terms, covenants, restrictions or conditions hereof the Association and/or any Building Owner shall be entitled forthwith to full and adequate relief by injunction and/or all such other equitable remedies from the consequences of such breach, including specific performance. B. Self - Help. In addition to the right to demand arbitration upon the failure of a defaulting Owner to cure a breach of this Declaration within thirty (30) days following written notice thereof (unless, with respect to any such breach the nature of which cannot reasonably be cured within such 30 -day period, the defaulting Owner commences such cure within such 30 -day period and thereafter diligently prosecutes such cure to completion), the Association and/or any Owner shall have the right to perform such obligation contained in this Declaration on behalf of such defaulting Owner and be reimbursed by such defaulting Owner upon demand for the reasonable costs thereof together with interest at the prime rate as published in the Midwest Edition of the Wall Street Journal, plus three percent (3 %). Notwithstanding the foregoing, in the event of (i) an emergency, (ii) blockage or material impairment of the easement rights in violation of the terms hereof, and/or (iii) the unauthorized parking of vehicles, an Owner and/or the Association may immediately cure the same and be reimbursed by the defaulting Owner upon demand for the reasonable cost thereof together with interest accruing thereon from thirty (30) days following the written demand at the prime rate, plus three percent (3 %), as above described. -16- C. Alternative Dispute Resolution. With the exception of any action of foreclosure brought in accordance with Minnesota Statutes and this Declaration, all claims, disputes, controversies, and other matters arising out of or relating to the matters covered by this Declaration or the interpretation or enforcement of any of the provisions of this Declaration shall be resolved under the following alternative dispute resolution provisions: 1. Representatives of the parties who have authority to settle the dispute shall meet within ten (10) days after request by either party at a mutually acceptable time and place to attempt to resolve the dispute. 2. If the parties are unable to resolve their differences by negotiation after a bona fide good faith effort, then any party may require that the issue be submitted to mediation. The mediation shall be conducted by a qualified mediator selected from the Minnesota Statewide ADR -Rule 114 Neutrals Roster and shall be selected by a majority of the parties involved in the dispute. If the majority cannot agree within thirty (30) days after the demand for mediation, then designation of a mediator shall be made by the Chief District Court Judge for Wright County. If practicable, a mediator shall be selected who has experience with the issues being mediated. The first mediation session will be held within fifteen (15) days following the appointment of the mediator unless the parties unanimously agree to an alternative time schedule. The parties shall undertake mediation in good faith and with the bona fide intent to resolve the controversy in question. 3. If a settlement agreement executed by the parties to the relevant proceedings and resolving each of the matters at issue is not executed within ninety (90) days following the date of the initial request for mediation (the "Mediation Expiration Date "), then the dispute shall be determined by binding arbitration in the manner set forth below: 1. If the matter is not resolved at mediation, the dispute shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and a judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. A single arbitrator shall be selected by the parties or their representatives if they can agree, otherwise, as provided in Chapter 572, Minnesota Statutes (the "Act ") as the Act is amended at the time of submission of the issue to arbitration. The arbitration award shall be subject to review only in the manner provided in the Act. The arbitrator(s) shall have the authority to award the prevailing party its costs and reasonable attorney's fees which shall be paid by the non - prevailing party. Any arbitration proceeding will take place in Minneapolis or St. Paul, Minnesota and will be governed by the Minnesota Rules of Civil Procedure. All discovery must be completed•no later than twenty (20) days before the hearing date and the arbitration proceeding must be completed within ninety (90) days of the commencement of the arbitration proceedings. The arbitrator(s) will decide any pre - hearing motions which are similar to motions under the Minnesota Rules of Civil Procedure. -17- D. Lien Rights. Any claim against a Building Owner for amounts due in accordance with this Declaration, including reasonable attorneys' fees awarded in enforcing payment under this Declaration, shall constitute a lien against the Lot of the defaulting Owner until paid, effective upon the recording of a notice of lien with respect thereto in the County Recorder /Office of the Registrar of Titles of Wright County, Minnesota and may be foreclosed in the manner provided by Minnesota Statutes §515B, provided, however, any such lien shall be subject and subordinate to (i) liens for taxes and other public charges which by applicable law are expressly made superior, (ii) all liens recorded in the County Recorder /Office of the Registrar of Titles of Wright County, Minnesota, prior to the date of recordation of said notice of lien, and (iii) all leases entered into, whether or not recorded, prior to the date of recordation of said notice of lien. All liens recorded subsequent to the recordation of notice of an Assessment Lien shall be junior and subordinate to the lien. Upon the timely curing by the defaulting Owner of any default for which a notice of lien was recorded, the party recording the notice shall record an appropriate release of such notice of lien. Action to enforce the lien shall not be subject to the alternative Dispute Resolution provision of this Declaration. XII. MISCELLANEOUS A. Declaration shall Continue Notwithstanding Breach. It is expressly agreed that no breach of this Declaration shall entitle any Owner to cancel, rescind or otherwise terminate this Declaration without the express written consent of all Owners. However, such limitation shall not affect in any manner any other rights to remedies which such Owner may have hereunder by reason of any such breach. B. Non - Merger. The ownership, at any time, of more than one Lot by the same Owner or by an Owner and an affiliate entity of such Owner, shall not create a merger of title, estate, or other merger, including any merger of the dominant and servient estate with respect to easements granted in this Declaration, and shall therefore not terminate any of the easements, covenants, or other terms or provisions of this Declaration as they apply to the Lots, and all such easements, covenants, and other terms and provisions shall remain in full force and effect for the period provided in this Declaration, regardless of any of the aforesaid common ownerships now or thereafter existing of any Lots. C. Recitals. Recitals set forth in Article I shall be incorporated herein for all purposes. D. Amendment. This Declaration shall be amended or terminated only by an agreement signed by all Owners. E. Notices. Notices provided for in this Declaration shall be in writing and shall be addressed to any Owner at the address designated in writing by said Owner. Notices addressed as above shall be effective upon the date of hand delivery or the date the notice is deposited in the United States mail, properly addressed with postage prepaid. F. Covenants Running with the Land. All easements and covenants described herein are perpetual and shall run with the land. Provided, however, any transfer of ownership of any property by any Owner hereto, by conveyance, operation of law or otherwise, shall operate to relieve such transferring Owner from liability for costs or obligations arising hereunder after the date such transfer has been placed of record - 1 8- in the office of the County Recorder/Registrar of Titles, Wright County, Minnesota, but such Owner shall emain liable for any costs incurred while such Owner was bound by the terms of this Declaration. G. Severability. If any provision of this Declaration is held invalid, the validity of the remainder of the Declaration shall not be affected thereby. H. Failure to Enforce Not a Waiver. No provision contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same. I. Recording. This Declaration shall be filed against the title to the North Property and South Property and all Owners shall provide whatever documents are necessary to accomplish such filing. J. No Gift or Public Dedication. Nothing contained in this Declaration will be deemed to be a gift or dedication of any portion of the Buildings to the general public for the general public or for any public purpose whatsoever, it being the intention of Declarant that this Declaration be strictly limited to and for the purposes expressed herein. K. Governing Law. This Declaration shall be governed by and construed under the laws of the State of Minnesota. L. Vacation. In the event any easement created by this Declaration or any portion thereof is vacated by action of the City, the vacated portion shall revert to the portion of the Property from which the vacated easement portion was derived. M. Negation of Partnership. None of the terms or provisions of this Declaration shall be deemed to create a partnership between or among the Owners, nor shall this Declaration cause the Owners to be considered joint venturers or members of any joint enterprise. N. Division of Dominant Estate. If any portion of the Property is hereinafter divided into two or more legal parcels by subdivision, submission to the condominium statute, or other means, all portions thereof shall enjoy the benefit of the easements and shall be subject to its obligations created by this Declaration. 0. Singular and Plural. Whatever required by the context of this Declaration, the singular shall include the plural, and vice versa, and the masculine shall include the feminine and neuter genders, and vice versa. P. Counterparts and Signature Pages. This Declaration may be executed in several counterparts, each of which shall be deemed an original. The signatures to this Declaration may be executed and notarized on several pages, and when attached to this Declaration shall constitute one complete document. Q. Time. Time is of the essence of this Declaration. -19- R. Mitigation of Damages. In all situations arising out of this Declaration, all Owners shall use ;ommercially reasonable efforts to attempt to avoid and mitigate the damages resulting from the conduct of any other Owner. Each Owner shall take all reasonable measures to effectuate the provisions of this Declaration. -20- IN WITNESS WHEREOF, the undersigned has executed this Declaration as of the day and late set forth above. LAND FUND I, LLC, a Minnesota limited liability company By: Robert L. Fields Its Chief Manager STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 2007 by Robert L. Fields, the Chief Manager of Waterfront East, LLC, a Minnesota limited liability company, on behalf of said limited liability company. (Notary Public Seal) Notary Public CITY OF OTSEGO, a Municipal corporation By: Its: STATE OF MINNESOTA } ss. COUNTY OF WRIGHT The foregoing instrument was acknowledged before me this day of , 2007 by and on behalf of the City of Otsego, a Municipal corporation under the laws of the State of Minnesota. (Notary Public Seal) Notary Public -21- RTB, LLC, a Minnesota limited liability company By: Its: STATE OF MINNESOTA } ss. COUNTY OF WRIGHT The foregoing instrument was acknowledged before me this day of January, 2007 by , the of RTB, LLC, a Minnesota limited liability company, on behalf of said limited liability company. • (Notary Public Seal) Notary Public )rafted By: JENSEN ANDERSON SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424-8811 P:\Attorney\GIj \I -Client Folders \LandCor\LandCor154 \154- 004 - Declaration -D 14.doc • -22- EXHIBIT A NORTH LINK BUILDING The southwesterly 18.00 feet of the northwesterly 83.33 feet of Lot 1, Block 1 Otsego Waterfront East First Addition, Wright County, Minnesota. And The northeasterly 18.00 feet of the northwesterly 83.33 feet of Outlot M, Otsego Waterfront East, according to the recorded plat thereof, Wright County, Minnesota. -23- EXHIBIT A-1 - NORTH LINK BUILDING GRAPHIC -----• t /1, -- -- -- ---. 3 i -� i ' \ „. ., , ..---" fi j , ' \ % \ - .--- 1 , , . .--1.----- -P,, 4 0, .....,N / / A, '\ i t II 1 1 Il , \ \ , , \ 0100__ \ \ \ \ \ i 7: 0 : \ , \ `a 11 It -'' ( x , � -: • \ \ \ . . 44 . \ , \ *# -.4.* 0 . �• 1 / /--- \ r - /' i s �. • - 111 4 • . r 11® .. Ii • i1 1 • • . ti WATERFRONT EAST ligusgaz.: II ( SITE auN =mar -, — �— '.. • EXHIBIT B SOUTH LINK BUILDING The southwesterly 18.00 feet of the southeasterly 83.33 feet of the Outlot H together with the northeasterly 18.00 feet of the southeasterly 83.33 feet of Outlot G, Otsego Waterfront East, according the recorded plat thereof, Wright County, Minnesota. -25- EXHIBIT B-1 — SOUTH LINK BUILDING GRAPHIC . .IN ,`� - - .- \ N . • M 0 ; / �� / .1. `y Naa N ,�`� p� �' N a .1 :. V0 - - 1 a N , ` s. 7/..e\ ' a ' , •` �� • N' , NN ` ,, N i Lak. N, , ` Na . , .... • . \ �- • • a i N NN N N a, N \ \ M .• ,U N \‘b‘ Y ` ,,- 0 t < .N N ` .a , \ . N :' , 400r, NN N a � , p1 � N \ N N ■ 4' •5 , \r ' a q a ,, r\ N v � N M1A. ` C� N , ,` Z c g0` a , 11 ` \, 4 ` of t•r `\ .� a N p \ q `a * \ r e � \ N NN ' t, \ . $ eg .� s \ f -.""� . O , S; ' i s iss - � i.' isisis -.• 1 • L I . t J i -- iiiii ' $ tt \.' , .a asss ' -ss 1 ..... ,... i.6...., .4 I 1 j R - I 1 1 1 ;;,Iii i � M R . Ir 1 • 1 1 t 1 i 1 I JJ . , . • l i 113 g 1 111 1 i.� • NJ u P I ( s ., " . -:-� MP. r , ,.IRO [oj •.• Srreruw l 3 Y : -. - - WATERFRONT a� �• v Cftm7 MIA r.eel. EXHIBIT C SKYWAY A 24.66 foot wide strip of land over and across 90 Street as dedicated in the plat of Otsego Waterfront East, Wright County, Minnesota; the centerline of which is described as beginning at the most westerly corner of Outlot L in said plat; thence northwesterly 110.00 feet to the most southerly corner of Outlot H in said plat; said centerline there terminating. The side lines of strip are to be extended or shortened to form one continuous strip across said 90 Street; the upper vertical limit being an elevation of 899.5 and the lower vertical limit being an elevation of 876.00 as referenced to the National Geodetic Vertical Datum, 1929 Adjustment. -27- EXHIBIT C-1 — SKYWAY GRAPHIC \ \ ' ■ , • „_, .. o .-- - 1 4) - 4■` 0•IN . .. ..:-. \ l -.:., • \ :, , - al 'It k . .... :.-. u, \ . t \ t ii‘ ts) \ ...% s 1 .Q 0A, \ . 'zzz 00 d6 41'. 0 A* \ z. Ok, \ \ 7 \ f. A * , t 1\ \ * Ireol) \\1 ■ . ( Is o .b ;.- q - \ / pl'' ,,, 'Z',01 :. •i \ , Iz.. .... •-::, 1 ... . ,J \O.' .„..0 , 1,.. o o ' Iz, \ 1. t. o . tz, \ t:‘ \ t. 0 , 9' 1 •. IN tz, \ ‘ , ‘ \ `Z., : ? i .i \ \,, \ I • \ tz ... , 1,9. ct I, ,„ „ \ e .. % I, rt Z, 't, 0 • t 1 Z, o, o \ . I ” 0= ■ ..:„.....---.*$$$ - 1111 . t \ \ ■„„ ....- vi ' ' •- il , -.... s s:". ,.. " - .•....0 • ...-- Al • I 4 ,,so''' ■ i. 1111 .. l* ' s ... ..... . . k AA ...I . "...4c s sf.' . • • . - 111 • .,,-0 • 0 0 0. ...ss . .. o rA • ' ...0 0 0 ., OS' • • . C2 ' \ W` , \ C - 0 0- 00_ ■ 1. * • .:: .• . ...A .° • . ' ..' .. • I i 1 WATEZR EAST . L91 LandCor, j_i _c. gl I (Wages. Omni Codre•Ors -- _ Magibioad.- ‘ ni 1 U . a - i NC D AN AV AY en Q .... " ........... CM= .-- — Cf8CRIFOON SKETCH "•••••••••""0" ...alsow...A. --- —.7....... EXHIBIT D PILON SIGN DEPICTION -29- EXHIBIT E PROPERTY Outlot L Otsego Waterfront East, according to the recorded plat thereof, Wright County, Minnesota. And Lot 1, Block 1, Otsego Waterfront East First Addition, according to the duly recorded plat thereof on file and of record in the office of the County Recorder, Wright County, Minnesota. And Outlot H Otsego Waterfront East, according to the recorded plat thereof, Wright County, Minnesota. And Outlot G Otsego Waterfront East, according to the recorded plat thereof, Wright County, Minnesota. -30-