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07-10-06 ITEM 5_1 CLAIMS LIST CITY COUNCIL MEETING JULY 10, 2006 TO: Judy Hudson Attached is the Claims List for the City Council. For more details, please refer to the Check Detail Registers. If you have any questions regarding this service, please let me know. • Claims Register 06 -27 -2006 $ 374,495.85 * Voided checks (see below) 06 -27 -2006 $ (6,118.58) Easement Check 06 -28 -2006 $ 19,209.00 07 -06 -2006 $ 159,869.51 * Check # 42592 to Superior Lawn ($5,738.85) Check # 42607 to Cindy Rosen ($379.73). PAYROLL 07 -05 -2006 $ 32,763.68 GRAND TOTAL $ 580,219.46 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 06/27/06 11:47 AM Page 1 *Check Summary Register© JUNE 2006 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid ANDREW GRIPP $500.00 16 CROW RIV DR - LNDSCP ESC UnPaid BULOW INC $85,000.00 CITY TRUNK PORTION - RIV NAT'L PUMPH UnPaid BURSCHVILLE CONSTRUCTION, $276,305.98 CSAH 42 TRUNK WATER & SEWER UnPaid CINDY ROSEN $189.87 TIRE REPAIR FOR HITTING POTHOLE ON Q UnPaid J.M. SEMLER BUILDING CORP $3,000.00 11466 75TH - DRIVEWAY ESC UnPaid PREMIER HOME BUILDERS $9,500.00 7339 LARGE - LNDSCP ESC Total Checks $374,495.85 • FILTER: None CITY OF OTSEGO 06/27/06 11:47 AM Page 1 *Check Detail Register© JUNE 2006 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid ANDREW GRIPP E 702 -41400 -310 Miscellaneous _ $500.00 16 CROW RIV DR - LNDSCP ESC Total ANDREW GRIPP $500.00 Unpaid BULOW INC E 360 -47000 -310 Miscellaneous $85,000.00 CITY TRUNK PORTION - RIV NAT'L Total BULOW INC $85,000.00 Unpaid BURSCHVILLE CONSTRUCTION, INC. E 44443100 -530 Improvements Other Than Bldgs $276,305.98 PAY 1 CSAH 42 TRUNK WATER & SEWER Total BURSCHVILLE CONSTRUCTION, INC. $276,305.98 Unpaid CINDY ROSEN E 101 - 41400 -310 Miscellaneous $189.87 TIRE REPAIR FOR HITTING POTHOL Total CINDY ROSEN $189.87 Unpaid J.M. SEMLER BUILDING CORP E 702 -41400 -310 Miscellaneous $1,500.00 7505 LARGE - DRIVEWAY ESC E 702 -41400 -310 Miscellaneous _ $1,500.00 11466 75TH - DRIVEWAY ESC Total J.M. SEMLER BUILDING CORP $3,000.00 Unpaid PREMIER HOME BUILDERS E 70241400 -310 Miscellaneous $2,500.00 7395 LARGE - LNDSCP ESC E 70241400 -310 Miscellaneous $2,500.00 7367 LARGE - LNDSCP ESC E 70241400 -310 Miscellaneous $2,500.00 7339 LARGE - LNDSCP ESC E 702 -41400 -310 Miscellaneous $1,000.00 7381 LARGE - LNDSCP ESC E 702 -41400 -310 Miscellaneous $1,000.00 7325 LARGE - LNDSCP ESC Total PREMIER HOME BUILDERS $9,500.00 10100 BANK OF ELK RIVER $374,495.85 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $189.87 360 West W & S Debt Service Fund $85,000.00 444 SE Utilities Project $276,305.98 702 BUILDERS ESCROW FUND $13,000.00 $374,495.85 CITY OF OTSEGO 06/28/06 2:10 PM Page 1 *Check Summary Register© JUNE 2006 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid JAMES D & SIMONE J AESHLIMA $19,209.00 EASEMENT /QUEENS AVE PROJECT /DUKE Total Checks $19,209.00 FILTER: None • • • CITY OF OTSEGO 06/28/06 2:10 PM Page 1 *Check Detail Register© JUNE 2006 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid JAMES D & SIMONE J AESHLIMAN E 485 -43100 -500 Capital Outlay (GENERAL) $19,209.00 EASEMENT /QUEENS AVE PROJECT /DU Total JAMES D & SIMONE J AESHLIMAN $19,209.00 10100 BANK OF ELK RIVER $19,209.00 Fund Summary 10100 BANK OF ELK RIVER 485 Street Impr. Fund - 2006 $19,209.00 $19,209.00 CITY OF OTSEGO 07/06/06 10:27 AM Page 1 *Check Summary Register© JULY 2006 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid AFFORDABLE SANITATION $1,728.00 JUNE PORTA RENTAL UnPaid ARROW TERMINAL LLC $59.60 50 AMP SAFE MATE UnPaid AVENET, LLC $42.00 EMAIL ACCT - GARY UnPaid B.D. BOESE CO., INC. $2,500.00 7368 MARLOWE - LNDSCP REF UnPaid BROCK WHITE CO LLC $75.21 METRO HOME - CODE ENFORCEMENT UnPaid CARLSON TRACTOR & EQUIP. C $5.56 KEYS FOR TRACTORS UnPaid CHARTER COMMUNICATIONS $127.95 MONTHLY SERVICE UnPaid CITY OF MONTICELLO $232.00 MAY ANIMAL CONTROL UnPaid COBORNS INC $94.00 DRY CLEANING UnPaid DASCOM SYSTEM GROUP, INC $4,285.56 PROJ MOUNT - ELECTRONIC SYSTEM UnPaid DAVID CASTLE $10.00 INSPECTION MTG LUNCHEON UnPaid ECM PUBLISHERS INC $433.93 LEGAL - PUBLIC HEARING UnPaid ELECTRICAL INSTALLATION & M $506.00 PEAK SHAVING DEVICE WEST WWTP UnPaid ELK RIVER EXTERIORS, INC. $50.00 9127 PARKINGTON - ROOF REFUND . UnPaid ELK RIVER PRINTING & PARTY $271.90 STAMPS UnPaid EMPIRE PIPE SERVICES INC. $1,184.40 METRO HOME -CODE ENFORCEMENT UnPaid FINKEN'S WATER CARE $98.04 PW UnPaid FIRST LAB $36.50 DRUG SCREEN - KNUTSON UnPaid GOVERNMENT TRAINING SERVI $560.00 FALLON 4/8/06 UnPaid GRAINGER $65.66 FILE ROOM STOOL UnPaid HYDRO METERING TECHNOLOG $3,771.70 METERS JnPaid ICMA RETIREMENT TRUST $592.31 JnPaid JERRY OLSON $2,825.00 INSP SVCS 6/19 THRU 6/29 UnPaid - KINGMAN BUILDING CO. $2,000.00 10534 74TH - LNDSCP ESC UnPaid KRUEGER CONSTRUCTION, INC $256.88 7889 PALMGREN - ROOF /SIDING /ADDITION UnPaid MERGES ANDREW $4,916.66 JUNE 2006 ASSESSING WORK UnPaid MINNESOTA COPY SYSTEMS $585.84 COPIER UnPaid NAGELL APPRAISAL & CONSUL $2,200.00 8116 RIV RD - APPR WORK SEBECK HEART UnPaid NORTHERN TOOL & EQUIPMEN $170.38 WEED KILLER UnPaid NOVA COMMUNICATIONS $8,017.04 PHONE WORK • UnPaid OFFICEMAX $427.64 ADMIN SUPPLIES UnPaid POLARIS GROUP $942.50 VETSCH - WETLAND DELINEATION UnPaid PREMIER HOME BUILDERS $2,500.00 11230 75TH - LNDSCP ESC UnPaid PUBLIC EMPLOYEES RETIREME $3,349.48 PPE 7/1/06 CH DTD 7/5/06 UnPaid PURCHASE POWER $606.96 POSTAGE UnPaid QUICK FUEL FLEET SERVICES $2,416.46 GAS FUEL UnPaid RANDY'S SANITATION $163.20 8899 NASHUA UnPaid SUPERIOR LAWN $5,738.85 SEWER UnPaid THE LOGO OUTFITTERS $284.54 BLDG DEPT SHIRTS UnPaid TIM ROCHEL $206.72 PHONE - APR THRU JUNE UnPaid UNITED RENTALS NORTHWEST, $110.41 MARKING STICK/FLAG/MARKING PAINT UnPaid US BANK $46,471.25 OBL IMPR BOND SERIES 2003A UnPaid USA BLUE BOOK $3,783.66 E & W WWTF SOIL SAMPLE KIT UnPaid WRIGHT COUNTY AUDITOR -TRE $48,666.67 SHERIFF PATROL FOR JULY UnPaid WRIGHT - HENNEPIN CO -OP ELE $5,189.00 MONTHLY MAINT - MAY L nPaid XEROX CORPORATION $1,310.05 XEROX COPIER Total Checks $159,869.51 FILTER: None CITY OF OTSEGO 07/06/06 10:28 AM Page 1 *Check Detail Register© JULY 2006 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid AFFORDABLE SANITATION E 101- 45250 -410 Rentals (GENERAL) $960.00 5916 MAY PORTA RENTALS E 101- 45250 -410 Rentals (GENERAL) $768.00 5966 JUNE PORTA RENTAL Total AFFORDABLE SANITATION $1,728.00 rawer,". �. <� .. _. .. Unpaid ARROW TERMINAL LLC E 101 -43100 -210 Operating Supplies (GENERAL) $59.60 41026 -IN 50 AMP SAFE MATE Total ARROW TERMINAL LLC $59.60 Unpaid AVENET, LLC E 101- 41600 -390 Contracted Services $21.00 12366 EMAIL ACCT - GARY 8 602 - 49450 -390 Contracted Services $10.50 12366 EMAIL ACCT - W/S BILLING E 601 - 49400 -390 Contracted Services $10.50 12366 EMAIL ACCT - W/S BILLING Total AVENET, LLC $42.00 Unpaid B.D. BOESE CO., INC. E 702 -41400 -310 Miscellaneous $2,500.00 7368 MARLOWE - LNDSCP REF Total B.D. BOESE CO., INC. $2,500.00 Uripaid M, , .� -. ` BROOK WHITE CO LLC ,,- .,,..., . _ w _.- ,,,,,. .... -.. ,,,,. ........ .... .. .....,.,,_. E 250 - 42410 -302 Engineering Fees $75.21 11518445 -00 METRO HOME - CODE ENFORCEMENT Total BROCK WHITE CO LLC $75.21 npaid CARLSON TRACTOR & EQUIP. CO. E 101 - 43100 -210 Operating Supplies (GENERAL) $5.56 C09940 KEYS FOR TRACTORS Total CARLSON TRACTOR & EQUIP. CO. 55.56 Unpaid - . ��CHARTER COMMUNICATIONS ,...,... ...«.d.F.,�,...�..-- .�.��.,�... �.,. --' • E 101 -41400 -390 Contracted Services $127.95 MONTHLY SERVICE Total CHARTER COMMUNICATIONS $127.95 Unpaid CITY OF MONTICELLO • E 101 -42710 -390 Contracted Services $232.00 10148 MAY ANIMAL CONTROL Total CITY OF MONTICELLO $232.00 Unpaid,. -�. - COBORNS INC ..,. - -,,.a, .�.. . E 250 - 42410 -310 Miscellaneous $94.00 DRY CLEANING Total COBORNS INC $94.00 Unpaid DASCOM SYSTEM GROUP, INC E 250 - 42410 -525 Building Improvements ($153.36) 25328 -CM PROJ MOUNT - ELECTRONIC SYSTEM E 250 -42410 -525 Building Improvements $4,438.92 25413 -IN MOTOR/SCREENS - ELECTRONIC SYS Total DASCOM SYSTEM GROUP, INC $4,285.56 E 250 - 42410 -360 Education/Training/Conferences $10.00 INSPECTION MTG LUNCHEON Total DAVID CASTLE $10.00 U npai d ECM PUBLISHERS INC E 101 - 41600 -350 Print/Binding (GENERAL) $30.83 13493 HELP WANTED AD - UTIL BILLING E 101 -41400 -350 Print/Binding (GENERAL) $305.80 215713 LEGAL - PUBLIC HEARING E 101 - 41400 -350 Print/Binding (GENERAL) $97.30 215714 LEGAL - ORDINANCE Total ECM PUBLISHERS INC $433.93 Unpaid ELECTRICAL INSTALLATION &MNTC E 430 - 43256 -390 Contracted Services $506.00 8109 -IN PEAK SHAVING DEVICE WEST WWTP Total ELECTRICAL INSTALLATION & MNTC $506.00 CITY OF OTSEGO 07/06/06 10:28 AM Page 2 *Check Detail Register© JULY 2006 Check Amt Invoice Comment Unpaid ELK RIVER EXTERIORS, INC. R 250 -32260 BUILDING PERMITS _ _$50_00 9127 PARKINGTON - ROOF REFUND Total ELK RIVER EXTERIORS, INC. $50.00 Unpaid ELK RIVER PRINTING & PARTY PLU E 250 -42410 -350 Print/Binding (GENERAL) $211.19 23565 STAMPS E 250 -42410 -350 Print/Binding (GENERAL) $60.71 23567 PERMIT APPLICATIONS Total ELK RIVER PRINTING & PARTY PLU $271.90 Unpaid EMPIRE PIPE SERVICES INC. E 250 -42410 -302 Engineering Fees $1,184.40 638 METRO HOME -CODE ENFORCEMENT Total EMPIRE. PIPE SERVICES INC. $1,184.40 • Unpaid FINKEN'S WATER CARE E 101 -43100 -390 Contracted Services $15.62 PW E 101 -41940 -390 Contracted Services $82.42 CITY HALL Total FINKEN'S WATER CARE $98.04 Unpaid • FIRST LAB E 101 -43100 -310 Miscellaneous $36.50 152466 DRUG SCREEN - KNUTSON Total FIRST LAB $36.50 Unpaid GOVERNMENT TRAINING SERVICE E 101 -41530 -360 Education/Training /Conferences $127.50 12303 DARKENWALD 5/25/06 E 101 -41530 -360 Education/Training /Conferences $127.50 12303 FALLON 4/8/06 E 101 -41530 -360 Education/Training /Conferences $252.50 12303 WATRING - 4/12 & 5/25 E 101 -41530 -360 Education/Training /Conferences $52.50 12303 BLACK 5/6/06 Total GOVERNMENT TRAINING SERVICE $560.00 Unpaid GRAINGER E 10141400 -570 Office Equip and Fumishings $65.66 9133005356 FILE ROOM STOOL Total GRAINGER $65.66 Unpaid HYDRO METERING TECHNOLOGY INC E 601 -49400 -203 Supplies - General $3,771.70 33299 -IN METERS Total HYDRO METERING TECHNOLOGY INC $3,771.70 Unpaid ICMA RETIREMENT TRUST G 101 -21705 Other Retirement $400.00 E 101 -41400 -121 PERA $192.31 Total ICMA RETIREMENT TRUST $592.31 Unpaid - p JERRY OLSON__ E 250 -42410 -390 Contracted Services $2,825.00 INSP SVCS 6/19 THRU 6/29 Total JERRY OLSON $2,825.00 Unpaid - . KINGMAN CO. E 702 -41400 -310 Miscellaneous $1,000.00 10578 74TH - LNDSCP ESC E 702 -41400 -310 Miscellaneous $1,000.00 10534 74TH - LNDSCP ESC Total KINGMAN BUILDING CO. $2,000.00 Unpaid KRUEGER CONSTRUCTION, INC. G 250 -21801 BUILDING PERMIT SURCHARGE $3.70 7889 PALMGREN - ROOF /SIDING/AD R 250 -32260 BUILDING PERMITS $253.18 7889 PALMGREN - ROOF / SIDING/AD Total KRUEGER CONSTRUCTION, INC. $256.88 Unpaid..,w. .,.,.., MERGES ANDREW -.- E 101 -41550 -390 Contracted Services $4,916.66 JUNE 2006 ASSESSING WORK CITY OF OTSEGO 07/06/06 10:28 AM Page 3 *Check Detail Register© JULY 2006 Check Amt Invoice Comment Total MERGES ANDREW $4,916.66 Unpaid MINNESOTA COPY SYSTEMS E 101- 41400 -413 Office Equipment Rental _ $585.84 148309 COPIER Total MINNESOTA COPY SYSTEMS $585.84 Unpaid NAGELL APPRAISAL & CONSULTING E 485- 43100 -301 Legal Services $1,500.00 13235 16686 65TH - APPRAISAL E 406 -43100 -301 Legal Services $700.00 13246 8116 RIV RD - APPR WORK SEBECK Total NAGELL APPRAISAL. & CONSULTING $2,200.00 Unpaid NORTHERN TOOL & EQUIPMENT CO E 101 -45200 -210 Operating Supplies (GENERAL) $170.38 193157953 WEED KILLER ' Total NORTHERN TOOL & EQUIPMENT CO $170.38 Unpaid NOVA COMMUNICATIONS E 250 -42410 -570 Office Equip and Furnishings $6,202.30 12058 PHONE WORK E 250 -42410 -570 Office Equip and Fumishings $2,264.74 12059 PHONE WORK E 250 -42410 -570 Office Equip and Furnishings ($450.00) 1729 PHONE WORK Total NOVA COMMUNICATIONS $8,017.04 Unpaid OFFICEMAX . ..., ,,. »........... . -.,..A* _. _ .,,,. » - axax - ....1 . .,.. —..,.. E 25042410 -201 Office Supplies $53.24 44655 BLDG - SUPPLIES E 101 -41400 -201 Office Supplies $107.84 44655 ADMIN - SUPPLIES E 101 -41400 -201 Office Supplies $78.84 675521 ADMIN SUPPLIES E 250 - 42410 -201 Office Supplies $5.85 675521 BLDG SUPPLIES E 101 -41400 -201 Office Supplies $60.08 700644 ADMIN SUPPLIES E 250 -42410 -201 Office Supplies $66.28 871670 BLDG - SUPPLIES E 10141600 -201 Office Supplies $18.45 871670 FIN SUPPLIES E 101 -41400 -201 Office Supplies $37.06 871670 ADMIN SUPPLIES Total OFFICEMAX $427.64 Unpaid POLARIS GROUP • G 701 -22424 HAMLETS CREEKVIEW $162.50 60406 CR 39 - WETLAND DELINEATION G 701 -22465 GREAT RIVER CTR $276.25 60407 KOLLES - WETLAND DELINEATION G 701 -22445 RIVER PLACE 11 $130.00 60408 LAHN - WETLAND DELINEATION E 25042410 -302 Engineering Fees $243.75 60409 VETSCH - WETLAND DELINEATION E 25042410 -302 Engineering Fees $130.00 60410 KARYPIS - WETLAND DELINEATION Total POLARIS GROUP $942.50 Unpaid PREMIER HOME BUILDERS E 702 - 41400 -310 Miscellaneous $2,500.00 11230 75TH - LNDSCP ESC Total PREMIER HOME BUILDERS $2,500.00 V1VY Unpaid PUBLIC EMPLOYEES RETIREMENT FD *. V.V: ammo.* V.V... E 10141600 -121 PERA $177.58 PPE 7/1/06 CH DTD 7/5/06 E 10141400 -121 PERA $310.82 PPE 7/1/06 CH DTD 7/5/06 E 101 - 43100 -121 PERA $529.45 PPE 7/1/06 CH DTD 7/5/06 G 101 -21704 PERA $1,601.92 PPE 7/1/06 CH DTD 7/5/06 E 250 - 42410 -121 PERA $729.71 PPE 7/1/06 CH DTD 7/5/06 Total PUBLIC EMPLOYEES RETIREMENT FD $3,349.48 Unpaid PURCHASE POWER E 101 - 41400 -206 Postage $516.99 POSTAGE E 101 -41400 -206 Postage $89.97 SUPPLIES Total PURCHASE POWER $606.96 Unpaid QUICK FUEL FLEET SERVICES CITY OF OTSEGO 07/06/06 10:28 AM Page 4 *Check Detail Register© JULY 2006 Check Amt Invoice Comment E 101 - 43100 -202 Gas & Oil $1,217.61 69410 GAS FUEL E 101 - 43100 -202 Gas & Oil $1,198.85 69410 DIESEL FUEL Total QUICK FUEL FLEET SERVICES $2,416.46 >u. E 101 -41940 -325 Garbage Service $95.34 8899 NASHUA E 101 -43100 -325 Garbage Service $67.86 13474 - 95TH Total RANDY'S SANITATION $163.20 Unpaid SUPERIOR LAWN E 101 -45200 -390 Contracted Services $3,206.93 840 PARKS E 601 -49400 -390 Contracted Services $430.90 840 WATER E 602 -49450 -390 Contracted Services $430.90 840 SEWER E 101-41940-390 Contracted Services $1,670.12 840 CITY PROPERTY Total SUPERIOR LAWN $5,738.85 Unpaid. ...,�, � ,.�... ,rw__ THE LOGO OUTFITTERS E 250 -42410 -203 Supplies - General $284.54 1704 BLDG DEPT SHIRTS Total THE LOGO OUTFITTERS $284.54 Unpaid TIM ROCHEL E 250 -42410 -320 Telephone $180.00 PHONE - APR THRU JUNE E 250 - 42410 -203 Supplies - General $6.72 PICTURES /DEVELOPING E 250 - 42410 -360 Education/Training/Conferences $20.00 2 INSP MTG LUNCHEONS Total TIM ROCHEL $206.72 Unpaid UNITED RENTALS NORTHWEST INC. �___ E 101 -43100 -210 Operating Supplies (GENERAL) _ $110.41 56824267 -001 MARKING STICK/FLAG/MARKING PAI Total UNITED RENTALS NORTHWEST, INC. $110.41 Unpaid US BANK E 350 - 47000 -602 Bond Interest $46,471.25 OBL IMPR BOND SERIES 2003A • Total US BANK $46,471.25 Unpaid USA BLUE BOOK E 430 - 43256 -530 Improvements Other Than Bldgs $283.66 183910 E & W WWTF SOIL SAMPLE KIT E 430 -43256 -530 Improvements Other Than Bldgs $3,500.00 187866 E & W WWTF DEHUMIDIFIER Total USA BLUE BOOK $3,783.66 Unpaid '> Q INRIGHT COUNTY AUDITOR - TREASURE wm.- r � "- E 101 -42100 -390 Contracted Services $48,666.67 PATROL -06 -7 SHERIFF PATROL FOR JULY Total WRIGHT COUNTY AUDITOR - TREASURE $48,666.67 Unpaid WRIGHT - HENNEPIN CO-OP ELECTRIC E 601 -49400 -390 Contracted Services $2,594.50 MONTHLY MAINT - MAY E 602 -49450 -390 Contracted Services _ $2,594.50 MONTHLY MAINT - MAY Total WRIGHT - HENNEPIN CO-OP ELECTRIC $5,189.00 E 101 - 41400 -413 Office Equipment Rental $1,310.05 18149739 XEROX COPIER Total XEROX CORPORATION $1,310.05 10100 BANK OF ELK RIVER $159,869.51 CITY OF OTSEGO 07/06/06 10:28 AM Page 5 *Check Detail Register© JULY 2006 Check Amt Invoice Comment Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $70,706.27 250 BUILDING PERMIT FEES $18,790.08 350 Waterfront West/85th DS $46,471.25 406 Lefebvre Watershed $700.00 430 West Trtmnt Plant -Phase 1 $4,289.66 485 Street Impr. Fund - 2006 $1,500.00 601 WATER FUND $6,807.60 602 SEWER FUND $3,035.90 701 DEVELOPMENT ESCROWS FUND $568.75 702 BUILDERS ESCROW FUND $7,000.00 $159,869.51 ITEM 5_2 OTSEGO PLANNING COMMISSION MEETING OTSEGO CITY HALL JUNE 5, 2006 7 PM 1. Chair Nichols will call the meeting to order. Chair Nichols called the meeting to order at Roll Call: Chair Richard Nichols; Commission Members: Pam Black, David Thompson, Doug Hackman, Tom Darkenwald and Troy Watring, Alternate. Absent: Jim Kolles and John Thelen. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator and Laurie Shives, Associate Planner. Council: Mayor Larry Fournier and Councilmember Vern Heidner were present but left at 7:40 PM for a meeting at Monticello Township. 2. Consider the following minutes. 2.1. May 15, 2006 Planning Commission Meeting. Commissioner Black motioned to accept the minutes as presented. Seconded by Commissioner Watring. All in favor. Motion carried. 3. Planning Items: PUBLIC HEARINGS: 3.1. Richard Powell: A. CUP for a second driveway to a single family lot within an R -3 District. Laurie Shives presented the Planner's Report. Judy Hudson attested that the proper noticing, posting and publishing was completed. Chair Nichols opened the Public Hearing at 7:06 PM. Commissioner Hackman asked about the driveway width requirement and Commissioner Thompson asked who is responsible for the culvert. Ms. Shives • explained that the property owner is responsible for costs and must comply with • requirements of the City Engineer. Commissioner Fallon asked the applicant his plans for the driveway surface. Mr. Powell explained the driveway will be either grass or cobblestone. Hearing no public comments, Chair Nichols closed the Public Hearing at 7:09 PM. Commissioner Black motioned to recommend approving a CUP allowing a second driveway located at 9110 Ochoa Circle NE subject to the two conditions listed in the Planner's Report. Seconded by Commissioner Thompson. All in favor. Motion carried. 3.2. Scott Grupa: A. CUP to allow construction of a single family dwelling on a non- conforming lot of record. Laurie Shives presented the Planner's Report. Scott Grupa, applicant, stated he agrees with all of the conditions. Judy Hudson attested that all the proper noticing, posting and publishing was completed. Chair Nichols opened the Public Hearing at 7:16 PM. Planning Commission Meeting of June 5, 2006. Page 2. Commissioner Hackman questioned if there was a septic drain field and well on this property. Mr. Grupa didn't think there was a drain field but the well was abandoned and capped. John Littman, Nashua Avenue, said his property is located to the north and downhill of this property. His concern is if the septic and drain field will be installed so as not to create problems for his property. Ms. Shives explained the design and installation must be approved by the City. Hearing no other public comments, Chair Nichols closed the Public Hearing at 7:20 PM. Commissioner Fallon motioned to recommend approving a CUP and Preliminary and Final Plat allowing redevelopment of a non - conforming lot of record subject to the five conditions listed in the Planner's Report. Seconded by Commissioner Hackman. All in favor. Motion carried. 3.3. Duke Realty: A. Zoning Map amendment rezoning portions of the subject site from A -1 District to I -2 District. B. Alternative Urban Area wide Review (AUAR). C. PUD- CUP /Preliminary Plat and Final Plat for Gateway North to allow phased development of 1.2. million square feet of office /warehouse uses. Tom Darkenwald stepped down and . did not participate in any discussion and action for Duke Realty's request. Laurie Shives presented the Planner's Report. Pat Mascia, Duke Realty, agreed with the Planner's Report. Judy Hudson attested that all the proper noticing, posting and publishing was completed. Chair Nichols opened the Public Hearing at 7:32 PM. Jennifer Indykiewicz, 59th Street, stated she is concerned with increased flooding in Wokson Hills as a result of the grading that will be done on this plat. Mike Robertson explained that the City Engineer is reviewing this issue and he will be reporting to the Council at the next City Council meeting on June 12, 2006. Kim Wilcox, 59th Street, asked what the trail constructed on the east side of Queens Avenue will be used for. Mike Robertson said it will function as a sidewalk. She asked about the AUAR and was told she could review one at City Hall. Ms. Wilcox asked why a PUD. Mr. Robertson explained the Planned Unit Development and Laurie Shives explained a PUD is being used for this development because two lots do not have direct access to a street. Ms. Wilcox also asked what the hours of construction operation are. Mr. Robertson explained work is limited to 7 AM to 7 PM. Ms. Wilcox stated that she also concerned about the increase of traffic on Queens Avenue. Gwen Moorhead, 65th Street, stated she supports the plan for Queens Avenue to go all the way through as this will help her out a lot. Mike Robertson said 65th Street will be connected to Queens at the end of construction in about of two years. He said if it was connected before that he was afraid the road would be torn up by construction equipment. Planning Commission Meeting of June 5, 2006. Page 3. Jim Aeshliman, 65th Street, questioned when Queens Avenue is connected will it be straight or curved. Jeff Krueger, 59th Street, stated concerned with drainage and asked if a study was done. Mike Robertson said yes and that storm water ponds will be installed. Pat Mascia responded to some of the concerns by saying they intend to own the majority of what they develop and intend on being good neighbors and will pass on to their workers to follow the speed limits. Chair Nichols was concerned with voting on the AUAR when none of them have read it. Mr. Robertson suggested not to and let the City Council handle this. Commissioner Fallon asked how many phases for this development. Mr. Mascia thought about eight depending on the market. Jeff Krueger asked if Queens Avenue will have turn lanes and if Queens Avenue will be able to accommodate the increase in traffic. Mr. Mascia replied there will be turn lanes and when the 101/37 interchange is completed most of the traffic will come in from the north. Hearing no further public comments Chair Nichols closed the Public Hearing at 8 PM. Commissioner Thompson motioned to recommend to approve a Zoning Map amendment rezoning portions of Block 1 of the Gateway North Preliminary Plat from A -1 District to I -2 District based on a finding that the action is consistent with the Comprehensive Plan. Seconded by Commissioner Black. All in favor. Motion carried. Commissioner Black motioned to recommend approving a PUD -CUP Preliminary Plat and Final Plat for Gateway North, subject to the eight conditions listed in the Planner's Report. Seconded by Commissioner Hackman. All in favor. Motion carried. Commissioner Black motioned to pass on the decision for the AUAR to the City Council without comment. Seconded by Commissioner Thompson. All in favor. Motion carried. 3.4. Northdale Construction: A. CUP to allow outdoor storage within an I -2 District. Laurie Shives presented the Planner's Report. Grady Kinghorn, applicant, agreed with the conditions and asked when the water and sewer will go in this development. Mike Robertson explained the City's intention is to extend water and sewer into this development this year. Judy Hudson attested that all the proper noticing, posting and publishing was completed. Chair Nichols opened the Public Hearing at 8:20 PM and hearing no public comment closed the Public Hearing at 8:21 PM. Planning Commission Meeting of June 5, 2006. Page 4. Commissioner Hackman asked if 71st Street was built to handle all this heavy traffic and asked what the purpose of the fence is. Mr. Robertson explained 71st Street will be able to handle this traffic. Ms. Shives said the fence is both for security and screening but that the trees and the berm are the primary screening. Commissioner Black motioned to recommend to approve the site and building plans and a CUP allowing for construction of a new office and warehouse building with outdoor storage located on Lot 1, Block 2, Otsego I- 94 Industrial Park, subject to the nine conditions listed in the Planner's Report. Seconded by Commissioner Hackman. All in favor. Motion carried. 4. Any other Planning Commission Business. 4.1. Update on City Council actions by Councilmember Heidner. 4.2. Update on future Planning Commission Agenda Items by Judy Hudson. Judy Hudson updated the Commission on Council actions and future Planning Commission Agenda Items. 5. Adjournment by 10 PM. Commissioner Thompson motioned to adjourn. Seconded by Commissioner Watring. All in favor. Motion carried. Meeting adjourned at 8:45 PM. Chair Richard Nichols ATTEST: Judy Hudson, Clerk /Zoning Admin. ITEM 5_3 CITY OF OTSEGO PARK & RECREATION COMMISSION MEETING MINUTES JUNE 14, 2006 7:00 PM Call to Order: The meeting was called to order at 7:00 PM. Roll Call: Commissioners: Chair Aaron Stritesky, Kathy Roberts, Rose Cassady, Russ Langer, Peter Torresani, and Mike Brumm. Absent: None. Councilmembers: Jessica Stockamp and Mark Thorsted. Staff: City Administrator Michael Robertson.. City Administrator Robertson noted that Virginia Goughnour had resigned because she was moving out of Otsego. CM Brumm wondered who should take her place as Secretary. Other Commissioners suggested that the job could be given to whichever Commissioner misses the next meeting. Agenda Approval: Commissioner Brunin, seconded by Commissioner Torresani, moved to approve the revised agenda. Carried 6 -0. Approval of minutes from May 10, 2006 meeting: Commissioner Cassady, seconded by Commissioner Langer, moved to approve the minutes as presented. Carried 6 -0. Peavey House Move to Prairie Park: Commissioners Ron Black and Chris Wilson of the Heritage Preservation Commission (HPC) discussed the HPC's suggestion to move the Peavey House to the SE corner of Prairie Park. The HPC noted that the Peavey house was the oldest structure in Otsego and probably Wright County as well. They would like to store their historic materials in the house. They said the house would have to be climate controlled so the materials would not deteriorate. They feel the materials are currently deteriorating in the Old Towne Hall (OTH) because it is not air conditioned. They would also like to rehab the house so that it would look like it did in the 1890's. They would open the house during the Otsego Festival because of the large crowds in order to show the historical materials to anyone who is interested. The felt money earned from the sale of the current Peavey House lot would pay for all of this. There was considerable discussion of the proposal by the Park & Recreation Commission. Many commissioners favored moving the Peavey House adjacent to the Old Towne Hall to create a heritage or historic park. They thought the only reason to put it in Prairie Park was to make it accessible on festival day. Some were concerned that Prairie Park was not an appropriate place for the Peavey House. Some expressed concerns about vandalism if it was in the park. Commissioners Robert, Stritesky and Brumm favored moving the Peavey House to the OTH site. Commissioner Langer favored moving it to Prairie Park, Commissioner Cassady passed, and Commissioner Torresani favored moving it to a designated historical site. Commissioner Langer, seconded by Commissioner Brumm, moved to recommend moving the Peavey House to either Prairie Park or the Old Towne Hall site. Carried 5 -1, Commissioner Torresani voted no because he thought the motion was too vague. Parks Update: Skate Park - Administrator Robertson reviewed plans to move the Skate Park. There was considerable discussion of this issue, particularly with regard to the Otsego Festival. Commissioner Bruton, seconded by Commissioner Cassady, recommended moving the Skate Park. Carried 6 -0. Commissioner Stritesky, seconded by Commissioner Torresani, recommended to complete the move of the skate park before the Otsego Festival. Motion failed 4 -1, Commissioner Stritesky voting yes and Commissioner Torresani abstaining. Commissioner Langer, seconded by Commissioner Roberts, recommended to move the skate park after the festival, with the skate park to be dismantled during the Otsego Festival. Motion carried 4 -1, Commissioner Stritesky voting no and Commissioner Torresani abstaining. Commissioner Cassady asked that rules of behavior be posted for the skate park and said that if she were sure the move would be completed by the festival she wouldn't object. Ball Field Aq -Lime - Administrator Robertson said Public Works Director Brad Belair had said there were four kinds of ag -lime and that he preferred this kind because it set up better. Commissioner Torresani insisted that the ag -lime was wrong. Fall Recreation Dates - Commissioners set Saturday, October 21 for Pumpkin Patch Days and Saturday December 9 for Santa Day. Kadler Boat Landing Park - Commissioner Torresani asked where the design was for this park. Administrator Robertson said that the Council had approved the priority list as submitted by the Park & Recreation Commission and that the top priority was finding a site for a large ball park. He noted that City Planner had been very busy with development issues lately and had not had time to work on this issue. Several Commissioners insisted that a design was needed and Robertson said he would seek permission from the City Council. Prairie Park Improvements - Commissioner Torresani asked that Public Works Director Brad Belair attend the next meeting to update Commissioners on the progress of all the items on the Prairie Park Improvement list. City Update: Councilmembers Stockamp and Thorsted updated Commissioners and recent Council decisions. New Business: Commissioners noted that there was some graffiti on the picnic tables at School Knoll Park and asked that it be cleaned up. Commissioners asked that the City advertise for a new Park & Recreation Commissioner to replace the departed Virginia. Adjournment: With no further business Commissioner Cassady, seconded by Commissioner Langer, moved to adjourn at 9:13 p.m. Carried 6 -0. Michael Robertson City Administrator ITEM 5 -4 RESOLUTION NO. 2006 - 50 APPOINTING ELECTION 3UDGES FOR 2006 CITY OF OTSEGO, COUNTY OF WRIGHT WHEREAS, the Primary Elections are to be held on September 12, 2006 and, WHEREAS, the General Elections are to be held on November 7, 2006, and, WHEREAS Election Judges are required to perform the election duties for these elections, NOW, THEREFORE, BE IT RESOLVED THAT, the following persons be appointed as Election Judges and attend the necessary training provided by the City of Otsego in order to hold the position of Election Judges: Nadine Aarvig Della Anderson Elaine Beatty Germaine Beaudry Roger Bentz Pam Black Judy Blesi Denise Bois Peggy Boyle Debbie Carron Rose Cassady Cecilia Chapp Debra Christman Gabe Davis Barb DeMars Nancy Duerr Dennis Ebert Kelly Ellis Leslie Erickson LeRoy Ericson Jan Evans Helen Swordsky Margaret Goenner Kathy Grover Melissa Hadcenmueller Lorene Hennidc Judy Hudson Unda McComb Jody Kodsko Laura Koehler -Luim Erlcka Larson Doryce Leshovsky Arlene Undenfelser Sandy Undenfelser Elizabeth Loeffler Tami Loff Phyllis Fournier Virginia Marquette Joan Nichols Sandra Nordberg Patti Packer Kathy Patton Unda Raymond Kathy Roberts • Bev Roden Julie Schoen Karen O'Neil Lorraine Shelquist Margaret Ebert Beth Specht Duane Crosland Donna Steinkopf Helen Wiedenbach Barbara Williams Ann Wilson Kathy Rokke Terri Thompson Appointed by the City of Otsego Council this 10 day of July 2006. City of Otsego Mayor Larry Fournier ATTEST: Judy Hudson, City Clerk Elections 2006.wps IT EM 5_5 2 OUST: City of Otsego JOB:Otsego Public Works Facility APPLICATION NO: 2 Page: 1 8899 Nashua Avenue NE Northwest Quadrant of 90th St PERIOD ENDING : 06/30/06 & Nashua Avenue NE )tsego MN 55330 Otsego, MN 55330 FRCM: KUE CONTRACTORS, INC. ARCHITECT:Certet Architects, Ltd. CONTRACT NO: 130 Central Ave S 1795 Saint Clair Avenue CONTRACT DATE: 03/28/06 WATKINS, MN 55389 JOB DESCRIPTION: Otsego Public Works Facility (New Construction) CHANGE ORDERS ADDITIONS I DEDUCTIONS ORIGINAL CONTRACT AMOUNT S 3,859,668.00 TOTAL CHANGE ORDER AMOUNT f .00 PREVIOUS TOTAL .00 .00 TOTAL CONTRACT INCLUDING CHANGE ORDERS $ 3,859,668.00 CURRENT- - --- AMOUNT COMPLETED TO DATE f 494,216.00 RETAINAGE - 5.00% OF WORK COMPLETED S 145,455.00 Number Date 5.00% OF STORED MATERIAL COMPLETED TO DATE LESS RETAINAGE S 348,761.00 PREVIOUS AMOUNT BILLED S 37,050.00 SALES TAX S .00 CURRENT AMOUNT DUE S 311,711.00 AMOUNT REMAINING S 3,510,907.00 TOTALS TO DATE .00 .00 NET AMOUNT .00 ARCHITECTS CERTIFICATE FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered In accordance with the Contract Documents, based on by this Application for Payment has been completed in accordance on -site observations and the data comprising this with the Contract Documents, that all amounts have been paid by application, the Architect certifies to the Owner the Contractor for Work for which previous Certificates for that to the best of the Architect's knowledge, Payment were issued and payments received from the Owner, and information and belief the Work has progressed as that current payment shown herein is now due. indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is CONTRACTOR: KUE CONTRACTORS, INC. entitled to payment of the AMOUNT CERTIFIED. BY: A t . ■ DATE: 06/27/2006 AMOUNT CERTIFIED... S'' // "7// i J.mes R. uechle (Attach explanation if amount certified differs from State o : Mi ota County of: Stearns the amount appl.i for. lniti -1 at figures on this Subscri• -• a • sworn to before me this 27th day of Application and g the on -t' Sheet that are _ June 2006 changed to con orm th. )wwiocertified.) ARCHITECT: �� BY _Jf �' .yam D ATE: C FA" • �ei' t 1 � ' _! r t � � _ 6 Notary Public: / ,C i,i -. l This C 3 c- e is not egotiable. The AMOUNT My Commission expires: January 31, 2010 CER I i. payable o nly to the Contractor named n. Issuance, payment and acceptance of payment .s�,; without prejudice to any rights of the Owner or ` ° ' a• � M AWWRKt1ECLE Contractor under this Contract• 1 P�:.q 1 �'P ■``� ` "nnesola CortM E cpwes Jan 31 2010 lob wimber: 2604 Otsego Public Works Facility Application No.: 2 Period From: 05/31/06 Page Number 2 Project # : Invoice Number : 787 Thru: 06/30/06 ----WORK COMPLETED - - -- COMPLETED ." SCHEDULED PREVIOUS THIS STORED AND STORED BALANCE DESCRIPTION OF WORK VALUE APPLICATION PERIOD MATERIALS TO DATE V. TO FINISH RETAINAGE 01000 General Requirements 115,254.00 39,000.00 5,000.00 .00 44,000.00 38 71,254.00 2,200.00 02200 Earthwork & Site Clearing 70,600.00 .00 56,700.00 .00 56,700.00 80 13,900.00 2,835.00 02513 Asphalt Concrete Paving 143,000.00 .00 .00 .00 .00 0 143,000.00 .00 02514 Site Concrete 27,900.00 .00 .00 .00 .00 0 27,900.00 .00 02730 Sewage Systems 59,100.00 .00 45,962.00 .00 45,962.00 78 13,138.00 2,298.00 03310 Concrete 246,900.00 .00 79,231.00 .00 79,231.00 32 167,669.00 3,962.00 03410 Structural Precast Concre 69,300.00 .00 .00 .00 .00 0 69,300.00 .00 03450 Tilt -up Precast Wall Pane 338,600.00 .00 268,323.00 .00 268,323.00 79 70,277.00 134160.00 04200 Unit Masonry 212,874.00 .00 .00 .00 .00 0 212,874.00 .00 05120 Structural Steel 264,500.00 .00 .00 .00 .00 0 264,500.00 .00 05210 Steel Joist w/05120 .00 .00 .00 .00 .00 0 .00 .00 05300 Steel Decking w/05120 .00 .00 .00 .00 .00 0 .00 .00 05500 Misc Metals w /05120 . .00 .00 .00 .00 .00 0 .00 .00 06100 Rough Carpentry 8,800.00 .00 .00 .00 .00 0 8,800.00 .00 06200 Finish Carpentry 20,800.00 .00 .00 .00 .00 0 20,800.00 .00 06400 Archit Millwork w/06200 .00 .00 .00 .00 .00 0 .00 .00 07200 Insulation 600.00 .00 .00 .00 .00 0 600.00 .00 07530 Single Ply Membrane Roofi 153,000.00 .00 .00 .00 .00 0 153,000.00 .00 07600 Flash /Sheet Metal w/07530 .00 .00 .00 .00 .00 0 .00 .00 07900 Joint Sealers 11,200.00 .00 .00 .00 .00 0 11,200.00 .00 08110 Steel Doors & Frames 51,900.00 .00 .00 .00 .00 0 51,900.00 .00 08210 Wood Doors w/08110 .00 .00 .00 .00 .00 0 .00 .00 08305 Access Doors 800.00 .00 .00 .00 .00 0 800.00 .00 530 Overhead Coiling Shutter 1,200.00 .00 .00 .00 .00 0 1,200.00 .00 ..360 Sectional Overhead Doors 37,200.00 .00 .00 .00 .00 0 37,200.00 .00 08410 Alum. Entrances & Framing 137,900.00 .00 .00 .00 .00 0 137,900.00 .00 08710 Finish Hardware w/08110 .00 .00 .00 .00 .00 0 .00 .00 08800 Glass & Glazing w/08410 .00 .00 .00 .00 .00 0 .00 .00 08900 Alum Curtainwall & w/8410 .00 .00 .00 .00 .00 0 .00 .00 08955 Unit Skylights 19,200.00 .00 .00 .00 .00 0 19,200.00 .00 09250 Gypsum Drywall 52,300.00 .00 .00 .00 .00 0 52,300.00 .00 09300 Tile 16,400.00 .00 .00 .00 .00 0 16,400.00 .00 09510 Acoustic Ceilings 11,600.00 .00 .00 .00 .00 0 11,600.00 .00 09680 Carpeting 6,200.00 .00 .00 .00 .00 0 6,200.00 .00 09900 Painting 37,500.00 .00 .00 .00 .00 0 37,500.00 .00 10160 Toilet Partitions 1,100.00 .00 .00 .00 .00 0 1,100.00 .00 10200 Louvers & Vents 800.00 .00 .00 .00 .00 0 800.00 .00 10400 Signage 6,100.00 .00 .00 .00 .00 0 6,100.00 .00 10500 Metal lockers & Accessori 7,100.00 .00 .00 .00 .00 0 7,100.00 .00 10522 Fire Extinguishers & Acce 400.00 .00 .00 .00 .00 0 400.00 .00 10800 Toilet Accessories 400.00 .00 .00 .00 .00 0 400.00 .00 11320 Projection Screen 500.00 .00 .00 .00 .00 0 500.00 .00 11450 Appliances 1,900.00 .00 .00 .00 .00 0 1,900.00 .00 11600 Vehicle Fueling System 91,900.00 .00 .00 .00 .00 0 91,900.00 .00 12500 Window Treatment 2,800.00 .00 .00 .00 .00 0 2,800.00 .00 14250 Hydraulic Elevator 44,600.00 .00 .00 .00 .00 0 44,600.00 .00 14450 Truck Lifts 12,400.00 .00 .00 .00 .00 0 12,400.00 .00 14630 Overhead Crane Systems 31,300.00 .00 .00 .00 .00 0 31,300.00 .00 5000 Mechanical 1118740.00 .00 .00 .00 .00 0 1118740.00 .00 6000 Electrical 425,000.00 .00 .00 .00 .00 0 425,000.00 .00 3859668.00 39,000.00 455,216.00 .00 494,216.00 13 3365452.00 145455.00 JUL- 06- 2006(THU) 011:35 Rllied Blacktop (FR-;)763 d25 10,16 P. 001 /001 Rx Oate /Time JUL- 05- 2006(WEO) 15:25 P.002 JUL. 5.2006 3:35PM NO. 935 P.22 Pay Estimate One ITEM 5.6 City of Otsego Improvement ProJoct 05.10. Stretot MoIntenonce Project July 5, 2008 Honorable Mayor & City Council CRY of Otsego 8880 Nashua Avenue NE Otsego, MN 66530 RE 2006 CRY OF OTSEGO STREET MAINTENANCE PROJECT Contractor. Melt Blacktop Company Contract Mount $229,398.88 • Award Dote: April 24, 2000 Completion Oats: June 2005 Dear Council Member= Tho loilowing work has been completed on t above-Warmed project SW Schodulo °A• - Crack Filling and Seel Coal _ EsUmilted Contract Contract UIo4 to It m No. Dasasptlon Quantity Unit Prlco Amount Dem Esl,snalon 1 FA -2 Cana A 1 !8- Trap Rock 2.760 TON 547.00 6129250.00 2.590 5121.730.00 2 * 9lntminoua Mbtmfal for Seal Cost 64 GAL 31.60 � SWARD) 53.124 504996.40 3 4" Double Solid line Yellow - Palm 34.310 LF S0.088 52.850.65 34.134 S2.835.52 4 4' 3484 Una White - Paint 64.860 iF 50.04 t � 62.598.00 48,229 61.928.16 5 6• Solid Una Yellow Creeahatshins - Palm 1.390 LF 50.72 , 51,000.80 0 50.00 6 12' Solid Uno White - Paint 986 LP 51,05 51.054.70 0 60.00 7 Black Patton Crosswalk - Palm 3 EACH 5164.00 5482.00 0 30.00 8 24• Solid Una White - Paint 227 LF 32.09 5495.33 0 30.00 9 Pevemont Mossaga Arrow - Paint 37 EACH 524.20 5895.40 0 50.00 10 Pavement Maaeapa ONLY - Paint 20 EACH 85520 5704.00 0 S0.00 11 Traffic Control 1 _ LS &2500.00 S2.500.00 1 1 42.500.00 Total Ski Schedulo - A• X399.88 5214,005.08 SUMMARY OF BIDDING Std Schedule `A Crack FRnO and Seal Coat _. 3729R 5214,003.08 TOTAL AIJ. BID SCHEDULES 3229,388.86 5214,093.08_ two TOTAL WORK COMPLETED TO-DATE amain LESS 16% RETAINAGE 621.4091 WE RECOMMEND PAYMENT OFI eZ.et�.7e APPROVALS: CONTRACTOR Allied Blacktop Compsn! CartIlloollon Contractor. I certify Ind all Items OM amount ato coma tar ehl1 work completed to date. Signed: Pion __ / " // Title: Li . C t 1,t Q 1:4e tot 7 pew, S O b ENGINEER CariWi Bon by Enalnoor: We roeanmlertd Paragon' for wart and 411 luiahown HAKANSOIV ANDERSON ASSO , INC. Sr. -• _ Mike L '/ Date: V fr4 'WNF.R CITY OF OTSEGO Strad: — Tide: Dote: et969ppaalllae J UL . b . C010b 11 :1T7HIi NO. 954 P. 1/5 TO: OTSEGO ITEM 5_7 PAY ESTIMATE # 2 01111411 CITY OF OTSEGO Trunk Watermaln and Forcemaln along TH 101, CSAII No. 42 and CSAH No. 37 July 6, lop6 Project 06.04 Honorable Mayor & Cay Council City of Map 8589 N.11lu+a Avenue NE Otsego, MN 56330 RE Trunk Wat.r,ll•h and Faresmaln Mona Th 101, CSAH No. 42 end CSAH No. 37, Project 05.04 Contractor: Hannan Conseucuon Company Conp'eot Amount 11,008,72E00 Award ogre: A01111. 2006 Completion Date: October 15, 2006 Der Honorable Mayor and Coune l Members: The !*wine "Mr" hes peen emPhtml 0.q the 412 " 6100 Ennen6 project by Helrnsn Corpbir io t Company, ®Id Schedule "A" - Site Work NO. ITEM oesce PTI ESTIMATED CONTRACT . 1 1510 TO ON QUANTITY UNIT , UNIT PRICE ,'' ' CONTRACT AMOUNT DATE EXTENSION 1 MobalssUon 1 1_8 33,000,0A 5 3.000.00 2 Fronton Read Exeavallan and LAoee Stockpile 48,500 Cy 4.6 i 1.570,00 3 iv., t •. ROW - . 31.62 $ 76.870.00 45,600 � 78.670.00 end , • ea - , a a 000 CY Oa $ 1000.00 8.000 3 1000.00 • OD CY 1.60 Extra Topsoil StfIPP100 and Replscemenlfor 4 23.400.00 14.000 3 ,A00,00 5 _ -2 ,� c • _ t_ 1 000 h 76 $ 2.750.00 100 8 275,00 6 I L �i�,., ,, i I,P,,,.�� .wi 1600.00 $ 1,500.00 1 1 1.500.00 II il. • pro L L „ .0 A - • - 10.00; $ 10,500.00 1 $ 3.50000 11 30" CMp FES 2 EA 5360.00 $ 700.00 e 30" CRAP 2 $ 7aO.00 140 LF $4200 $ 5,880.00 144 $ 1048.00 10 R1 • 10 CY _ : :.r' $ 1150.00 10 $ X050.00 ._ • i _Ai , 5 p 00 3 2 , 3 50,00 77¢ 5 3.875.00 12 Saw CuI Full Depth 400 LP 53.00 $ 1,200.00 $ 13 Clan 5 "` DI ` ., • 200 lh c 12.50' 3 2,500.00 275 3 5.437.50 , 14 Bituminous Pavement Repair 260 TON 15251. 5 13.12100 $ 15 - : ,sya Concrete Cult and Gutter 200 _ t.F s6.0& $ 1,500.00 869 3 2,952.00 16 815 Fence 1.500 1.F _ 51.33! 4 't 2.025.00 _ 1.630 8 2.065.50 17 Traffic Control 1 LB 32.600.00 $ 2,500 1 $ 18 Extend SIonn Sewer CSAH 537 1.600.00 1 1.5 33,743.001 $ 3,743.00 1 $ 3.743.00 19 Praelon comrol Blanket 1670 SY 83.001 5 5,010.00 1,670 8 5,010.00 2o+ Instal concrete Curb and Gutter 164 tf 26.00J s 4,100.00 154, 5 1100.00 Total Old Schedule "A" 173.003.00 1 $ 131223 500 Old Schedule "E" . W.terlsiln ITEM r , TE E$TPMATED CONTRACT USED TO ITEM D ESCRIPTION k. QUANTITY UNIT UNIT PRICE A ' ' CONTRACT AMOUNT DATE EXTENSION ON 6" Ductle Iron Aloe - CL52 12 LF , 345.00 $ 640.00 7 3 315.00 2 10" PucIle Iron Pips - C152 20 LF _ 546.00 $ 900.00 20 $ 90000 , 3 12" Ductile Iron Plea • C1.52 20 LF $46,00 $ 900.00 20 $ 500,00 4 10' Ductile Iron Pipe - 0152 4.400 LF 845.00 6 190.000.00 1400 5 198,000.09 5 6" Gale Valve HIM 80X 2 EA $900,00 1 1,800.00 2 $ 1.300.00 8 10" Gate Valve wWh Box 1 EA 31.500.00 - 00.00 1 7 18" BUNION Valve Wllh Bole 10 EA $2.20000 , i 22.00000 10 5 22,000.00 8 Sheet Inaulatlon 2" 2,100 F 52,00 $ 4`200.00 2.100 3 4.200.00 9 Mvdra* 2 EA 32.10000 4 200.00 10 DuctIs kon Rhino (AWWA C..53) 4,550 1.98 $4.50 '0 .- .. • 4 650 „.• 92500 Type I - Connect to Existing Wilefineh (1113 End 11 b End} 550.00 250.00 5 MIMIIP Type 11- Conn., to sUng %limpaln (Cu t Exla�p 5 EA EA 12 'I medlar' ` - Crr6Ical NlghfIrneConnection 32.000.00. i 4,000.00 2 3 4,00000 m 1 EA ' 13 10 WA91 ml 56,000.00 , 5 .00 00 1 , , ,.L 00 Total BEd Schedule "W' , $ 28401800 5 2113,990.00 • * Field cnop 3: 1MunIhlpeMOTSEG01B281SP $CWT621PE PE -1 00300 JUL. 6. 20106 11 :08AM NO.954 P.2 /5 PAY ESTIMATE 0 2 ovmEa CITY OF OTSEGO i Trunk Watermaln and Forcemaln along TH 1011 CSAH No. 42 and CSAH No. 37 ProJact 06 -04 Bld Schedule "C" . Forcemeln 11 EM ESTIMATED CONTRACT USED TO CIO. ITE DESCRIPTION QUANTITY UNIT UNIT PRICE CONTRACT AMOUNT DATE 1 e" ForcemaY: Abe (PVC 0400 or DIP CL 601 80 EXTENSION LF s 1.$00.00 e0 3 +.600.00 2 12" Forcema4 Plae (PVC 0-000 or DIP CL 50) 7„580 LF mei 4 27.400.00 6,974 S 101,220.00 3 16" Foroemeln Pies (PVC C•906 or DIP CL 50) 7,580 LF . 1 $37.0C 4 280.460.00 3,574 A 124.838.00 4 8" Gate Vahre with Bohr 2 EA 01.200,04 , $ 2,400.00 2 S 5 12" Gale Vein teh Box 4 ,400.00 e is Dale Valve hwh sox E• 41,70aca 5 e, eoo.00 a : 5,500 ao. EA 84700.09 $ 14.100.00 3 $ 14.100.00 7 84" 13laelalar Chancel Manhole (0'-8 depth! 1 EA S18.600,9g 4 16.SOOm 3 e um Death 164" Diameter Manhole) _ 3 VF 11350.0* i $ 1.060.00 $ • 9 , Pllclile Iron Fillings (AW WA 0753) 4.000 LEIS 16.60 $ 23.850.00 6,403 $ Type 1 • Connect to Enledng Forearnein (Typical line 8 ; EA x8.71860 • 10 to EDd) 41.000.00 6 8.000.00 6 6 6.000,00 Type p • Connect lo bilging Paranoia (Cut 1114s811g 1 EA 11 PIPe and Insert Tale 42,500.00 3 2,500.00 - 1 3 2,500.00 Total Old Schedule "C" , 3 684.388.08 $ 256.074.68 MATERIAL 014 HAND , SUMMARY OF CIDORIli 6 205_aodee 8M Schedule "A" - 811e Wcrk S 173.003.00 S 161 =3.00 Bld Schedule "3" - Wilermeln $ 254. =90.66 s =.00.00 Bb Schedule "C" • Faoem.n ' 3 5343110.00 $ 288.074.80 TOTAL $ 1.02157559 3 704280.58 Total WOO Cornpleled to Oslo a 704.290.50 LEES 5114 RETAINAGE; LESS PAY ESTIMATE NO. 1 $ 40.2744 $ 453.370.11 WE RECOMMEND PAYMENT OF; APPROVALS: CONTRACTOR HENNEN CONSTRUCTION COMPANY Certification by Contractor: I certify Vise all Items Ind amounts uro cornet ter the welt sompleti .1 to date. Signed; • TlUot D ENGINEER; HAKANBON ANDERSON ASSOCIATE6, INC. CertMcation by Mathison We recommend payment lorwork and gyenll0es as shown. signed � TIN h -7 er G6 OWNER: CITY OP OTSEGO Slane: • T1tle; Oato sAmunI +mmarseGow25)spECro r pE PE- 2 00300 JUL. b. CfiO5 11: 08RM NO. 954 P.3 /5 1 TEM 5_8 PAY ESTIMATE NO. 3 , OWNER CITY OF OTSEGO ; TH101,CSAH 37AND CSAH 42 WATER AND SEWER I;IORING AND JACKINGS Project 06-07 , 2006 h ..arable Mayor & City Council City of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 RE: TH101, CSAH 37 AND CSAH 42 WATER AND SEWER BORING AND JACKINGS, COP 06.07 Pay Estimate No. 2 Contractor; Dave Perkins Contracting, Inc, Original Contract Amount: $ 940,351.00 Revised By Change Orders Contract Amount: $ 940,391.00 Award Date: February 27, 2006 Subatantial Completion Date: June 2, 2006 Dear Honorable Mayor and Council Members: The folkrwing work has bean completed on the above referenced project TOTAL CON11�'lA ACCUMULATED QUANTITIES TO DATE Old Schedule "A" - Site Construction Quantity Completed IOe� 0, Description this Pay Estimated Quantity , Ui it Price Evanston , period . BMW= • MobllizaUon 1 , LS � .1 10,000.00 $30,000.00 1.00 $60.000.00 2 Remove Bituminous Pavement 63 SY , .. $10.00 5830.00 0 50<O0 3 Sewing Bit Pavement (Full Depth) AO , LF 55.00 $200,00 0 50.00 4 Salvage & Reinstall Sign 1 EACH $160.00 5150.00 0, $0.00 5 Granular F1I , 150 CY . 519.00 52,850.00 0 50,00 6 Gess 6 Aa0rset' Base (71 151 TON 526,00 53,775.00 0 5000 7 MO Bituminnua Surface 4 SY _ 550.00 5200.00 0 $0.00 8 Type LV 4 wearing Course MIx ure (6) 10 TON , 5160.00 $1,500.00 0 50.00 9 Bituminous Material For Tads Coat 2 GAL —. 510.00 520.00 0 50.00 10 Trairte Control 1 LS 35,000.00 $5,000.00 1,00 55,000,00 11 , Silt Fence, Typo Machin Sliced 1,050 LF _54.00 54.200.00 0 50,00 Total Bid Schedule "A" 540 526.00 596,000.00 eta PAY erflrMTIWPAYirrtfolpou PE 1 • J UL . b . Gleklb 11; bt1H11 NO. 954 P. 4/5 PAY ESTIMATE NO, 3 OWNER CITY OF OTSEGO TH101,CSAH 37AND CSAH 42 WATER AND SEWED' IIORING AND JACKINGS Project 06.07 TOTAL CONTI FACT AMOUNTS ACCUMULATED Bid Schedule "a" • Watsrmaln OUANT/T1ES TO DATE 'n Quantity Completed Item # Description title Pay Estimated Qua Ut It Price Extension Period Extension ill Conned to LIMN WanrmaM 1 EACH 55,000.00 $6,000.00 1 18" Ductile Iron Plpe C152 86,000.00 484 LF $90,00 $41,780.00 69 58,210.00 12" Ductile Iron Pipe CI 52 468 LF $75.00 535,100.00 584 III 6" Ductile Iron Pipe CI 62 $43,800.00 40 LF 385.00 52.800.00 0 20,00 $0.00 5" Duce Iran Plot Cl 52 25 LF .00 31,500.00 27 31,8 Decd Iron FIE 9 3545 LB 55 317.725,09 2.436 312,180,00 18 16" Butterfly Valve and Box 3 EACH " 32,200.00 38,890.00 19 12" puffy Valve and Box 2 . 2.800.00 $ $ EACH ;1,400.00 $4,200.00 2 ;2,800,00 20 8" Gate Valve and Box 1 EACH 3950.00 6950.00 1 21 6" Gate Valve and Sox 5950.00 3 EACH 8750.00 12,250.00 1 5750.00 22 Hydrant 3 EACH 92,100.00 56,300.00 3 12" DIP CL 62, Fae ,it,/ Feat Grip Gasket, Installed by Jacldno and ' apt 23 Borne of 20' Steel Cads 626 LF 5240.00 3128.000.00 806 18" DIP CL 52, Feeble .1t./ Feat Grip Gasket, Installed by Jacking and 3198,440.00 24 Bonne of 24" Steen easing 406 IF 3233.00 594,565.00 449 $104,617.00 Total BId Schedule "5" 3344,553.00 3382,087.00 TOTAL CONTIs'ACTAMOUNTS ACCUMULATED BId Schedule "C" - Sanitary Sewer - Gravity QUANn71 DATE Quantity Completed item p Description this Pay Estimated Quantity Un t Price Extension period Extension 26 5" PVC SCR 36 8.10' Deep 20 LF 3130.09 32,600,00 57 $7.410.00 28 8" PVC SDR 3512.14' Deep 20 LF 3130.00 32,800.00 0 30.00 27 12" PVC SDR 3612 -14' Deep 50 LF , 560.00 33,000.00 32 31.920.00, 26 12 PVC SDR 3614 -18' peep 20 LF 360,00 $1,200.00 14 304100 29 12" PVC SDR 3516 - 18' Deep 20 , LF ^ $00,00 61,200.00 16 3800.00 30 8" DIP CL 52 10-12' Deep 24 LF 5160.00 53.800.00 0 50.00 31 12" DIP CL 5212 -14' Deep 195 LF _ , 3175.00 634,126.00 103 315,026.00 8" Dip CL 62, Fastha JLw/Fast Grip Gasket, Inateped by Jaddn9 and ,32 Boring of 16" Sleet Casing 84 IF 3190.00 $15.980.00 84 316,980.00 12' Dip CL 52, Featite JLw/Fast Grip Gasket, Installed by Jacking 33 and Sorint of 20" Steel Ceslnp 381 LF 5321.00 3122,301,00 421 3135.141,00 34 Standard 48" Sanitary Sewer Manhole 0-8' Dan 5 EA II3,200.00_ 518,000.00 5 310,000.00 35 Standard 48" Manhole Overde th> 8 ft. 37 VF 3250.00 59,250.00 8 51,600.00 30 Standard Sanitary Sewer prop - Manhole 0-8" Deep 1 EA , $4.500,00 , 54,600.00 1 ` 64,500.00 37 Drop - Manhole Outside Drop Overdepth 2 ft. 7 VF , , 3250.00 _ 31,760.00 0 60.00 38 Televiee Sanitary Sewer 814 LF 83.00 32.442.00 0 50,00 Total Bid Schedule "C" 3220,528.00 3202,250.00 OM PAY 6efla*1Ea2Y1rWHAM' PE - 2 JUL. b. eld1b 11 : 09AM NO.954 P.5 /5 PAY ESTIMATE NO, 3 OWNER CITY OF OTSEGO TH101,CSAH 37AND CSAH 42 WATER AND SEWER IIIORING AND JACKINGS Project 06 .07 TOTAL CONTIgACTAMOUNTS ACCUMULATED QUANTITIES TO DATE Bid Schedule "D" • SsnUery Sewer • Fora Mains Quantity Colnplats4 Ib m Description this Pay EaUmsted Quantity Lb It Price Extension period Extension 39 Connect to Existing 8" Force Main 2 EACH _ $1,500.00 53.000.00 0 50,00 40 8" Force Main • DIP CL52 90 LF 546.00 54,050,00 114 , $5.130.00 41 12" Force Main - DIP C152 447 LF , , $55.00 524.685.00 466 42 16 Forts Maln 1.52 - DIP C -, 446 LF 570.00 5 443, $31,010.00 48 8" Gate Wive /Valve Box 4 EACH 3950,00 _ $3,600.00 3 12,850,00 44 12" Gate Valve / Valve Box 8 EACH � $2,000.00 66,000.00 3 56,000.00 46 16" Gate Valve / Valve Box 1 EACH $4500.00 $4,500.00 0 10.00 46 Ductile Iron Force Mein Minas 3,060 L85 55.00 615,250.00 1,535 $7.675.00 47 12" DIP CL 62. Fastite JtJ Feat Grip Gasket. Instellgd b y Jaeklna and 545 LF - 5200.00 6109,000.00 685 $117,000.00 48 16" DIP CL 52. Fiats JtJ Fast Grin Gasket. Installed by Jaddng and 546 LF „ , 5230.00 $126,360.00 565 5134.550,00 Total BId Schedule "D" $328,766.00 5329,240,00 Total glass Contract A•D 5 940,391.00 ■ntractAmount 5940,391.00 TOTAL USED TO DATE X46,669.00 LESS 5% RETAINAGE 347,428,16 LESS PAY ESTIMATE 01 5280,152.76 LESS PAY ESTIMATE 02 6441,057.90 • WE RECOMMEND PARTIAL. PAYMENT OF: 5199,914.20 APPROVALS: CONTRACTOR: Dave Perkins Contracting, Inc. CergAeatIon By Contractor. 1 ce iity That 4 items and amounts are correct for the work completed to dots. Signed: TMs: Date: ENGINEER: Certification by Engineer: V11a recommend payment for work and quanhIttea ae aryotl. IIAKANSON ANDERSON A ISSOCIATES, INC. Signed: y • �•_ lid - Date: T tt,c7 6' OWNER: CITY OF OTSEGO signed: Title: Date; oT a PA MWmissaY ear1IATera PE - 3 ITEM 6_1 May 9`",206! ' J UN 1 5 2006 To Whom It May Concern: - c ould First of all, I'd like to thank you for the wonderful addition that Lily Park has been to our community! We have already gotten much use out of it and appreciate the recent tree trimming, seeding and bolting of the picnic tables too. You have provided a nice, fun and safe place for children and families to enjoy. There was one question a few of us have discussed among ourselves and after asking an Otsego Park employee he suggested we write to you. It is simply that we were wondering if you would • ever consider putting up a practice board on the tennis court fence. There are a number of us that I know of who have mentioned how nice it would be to be able to practice on your own if another person isn't available to play. (We remember doing that very thing for hours when we were kids.) Also, a couple families are planning on teaching their children tennis this summer and the practice board would be very useful during that instruction time as well as to practice individually. It would get used! I don't know if it has come up in your discussions or not, but we at least wanted to ask. I have not officially surveyed people, but of the people I have spoken to every one of them thought it would be great. Some of them have signed this letter with me. Thank you for your time. Sincerely, J bu 1 64 (a-th- / � (4 9875 100. NE `1-11,dlC : 4,' Z Monticello, MN 55362 763 - 295 -2157 a-eg ni/a9MRL--- -1:6 9 etitoko-vi 6 1` y C 7714,,L04 [ ° (6da , b 1( --- taait,) N ( 4, J L .j 6- X � C olt Fence Company, Inc_ M C1∎00/P r /vllia ill 'GO r c rwricln c y - 1 w•c7e.r.L. +u � » - • '�vrfmlrat CLidL47 Vd.rlv11te .itr•.$ rio tl'1WOat - 6!. Frciv b &41 •...1:. 0007QO! 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C1- ...q/IMhI•f1 — • F l a n a g a n ITEM 6.2 S a 1 e s, I n c. a dill/// ., FIT MN, Otsego Design 0633 5/6/2006 Pro- Series Item Obstacle Height Width Length Price 1 Half Pipe 4.0' 4' 30' $ 8,787.37 2 Half Pipe 4.0' 4' 30' $ 5,999.94 3 Half Pipe 4.0' 4' 30' $ 6,787.37 4 Grindbox 1.0' 1' 6' $ 1,146.75 5 Extra Deck 3.0' 4' 4' $ 1,390.00 Subtotal $ 22,111.43 • Freight $ 933.09 Self Install TOTAL $ 23,044.52 Sales Tax $ 1,497.89 GRAND TOTAL $ 24,542.41 • All ramps fully enclosed Prices do not include installation • us r r sponsi a oa ing equipment • 1567 East County Road "E" • St. Paul • MN • 55110 Phnne: (S 1.(2; 012; • 1 ROO.32R..SS7 • Fax! 651.631.1 S1 S • F.-mail! wecanhelnaflanaQansales.cnm • wwwflanaQansales.cnm ..■■■■•. e . , ....""r , P , r . . ■ Pr -- - IR lip . gr • , ''' • . ___, o ,,;,,-- ,-- .., .- ...- „ ..- ...., , .---- ---- ..-- ,'. ... . WWW AMERICANRANNPCOMPANYCC•AA PROJECT NAME SKATEPARK OTSEGO, MN DESIGN NO. 06" . , ...... ,. , ... ..... .. ,,,.. ,.. „. .., , ,.. ..,., ., ...„.., ... •=‘,.. , , . ' ... ...,_ , - --„, ir f. ., ,... . , ...„ . , ., ,. -,...„ 111111011 -... .....,,,..... . ,.„. „......, ... CT) frwqe_ WWWANMPICANRAMMCOMMUMYCOM ..' PROJECT NAME SKATEPARK OTSEGO, MN DESIGN NO. 1 r 1 ______ ________________j ...._.., T� `h (.____. - _________D , ,k,n4" i:141 , ,, :. i , , 1 I 1 O R I � 1 N _ ' 1 •.' 1 r 'a P ^� rt- VI A ' a � t• 61 4 . 1 l' p L il it tri t' toi o• 1 • Zb 1.1 A. y' 1 N t t■ -N O 1 r Y A (' t 1 a0 , 7 " 1 . 1 N. 'F -._�. , ) 4 ,.„ _ice `-- , ..‘:-■,,y,:\ \ 0 N I& I r 1 v ti i Q I J f / n ••4 I ‘ i: • 04 i i lip k 1 1 1 ' k Ir f Anita (!.,,,- e y. e Z N W u + � 4 Of C O t N /6> f i P 4,4 .tt t Zkl A il . s .t t - r. k �� I I `r T 0 t isiier&.•,: Q 1$ a ..6'&11.11-1.- 1 h ►S ITEM 7_'1 NAC-, NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plannersv�nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 20 June 2006 RE: Otsego — Rolfe Builders, Inc. Variance NAC FILE: 176.02 — 06.19 The Planning Commission held a public hearing on 19 June 2006 to consider the variance application of Rolfe Builders, Inc. to allow for completion of a single family home being built within 1,000 feet of a registered feedlot. Mr. Mike Rolfe was present as the applicant as was Mr. John Jackels the developer of Arbor Creek and Mrs. Barbara Berning on behalf of Beming Family Dairy Inc. There were no other public comments. City staff reviewed the history of the application and Mr. Jackels provided additional information from the developer's perspective. Mr. Rolfe indicated that the house is being built for a customer and that the home is to be completed and closed upon in late July. Mrs. Berning requested that the variance be denied as outlined in the correspondence dated 19 June 2006 submitted by Mr. Tom Berning, who was unable to attend. Council Member Heidner and City staff advised the Planning Commission to focus their discussion and decision on the criteria within the Zoning Ordinance for consideration of variances. The Planning Commission discussed the provisions of the feedlot ordinance requiring the 1,000 foot setback and alternatives to the variance. City staff indicated that a number of altematives had been discussed but that the variance was the only processes deemed proper to address the situation. After a lengthy discussion, a motion was made to deny the variance application. This motion failed due to the lack of a second. Another motion was made to approve the variance, a second was made and the motion carried by a 7 -0 vote. Findings of fact supporting the Planning Commission's recommendation are attached fqr consideration at the City Council meeting on 26 June 2006 at 6:30 PM. Please be advised that if the City Council moves to deny the variance, State Statues require that written findings supporting the motion to deny must be the basis for this action. As such, the language for a possible action to deny the variance has been modified below to reflect this requirement. POSSIBLE ACTIONS A. Motion to approve the variance based on the findings of fact attached hereto. B. Motion to direct City staff to draft findings to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and Zoning Ordinance to be considered at the next possible City Council meeting. C. Motion to table. c. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer Mike Rolfe, Rolfe Builders, Inc. John Jackels, Emmerich Development, Inc. Tom Berning, Berning Family Dairy, Inc. 2 CITY OF 06 -20 -06 OTSEGO FINDINGS & DECISION WRIGHT COUNTY, MINNESOTA VARIANCE APPLICANT: Rolfe Builders, Inc. . APPLICATION: Request for approval of a variance to allow construction of a single family dwelling within 1,000 feet of a registered feedlot. CITY COUNCIL MEETING: 26 June 2006 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 Lot 1, Block 1, Arbor Creek 3 Addition, City of Otsego, County of Wright, State of Minnesota. B. The subject site is guided by the Comprehensive Plan for low density residential land uses within the West Sewer District. C. The subject site is zoned R-6, Residential Medium Density District. Single family dwellings are a permitted use of the R-6 District. D. Section 20 -27 -9 of the Zoning Ordinance prohibits construction of a new residential dwelling within 1,000 feet of a feedlot registered in accordance with Section 20- 27 -2.B of the Zoning Ordinance. E. A building permit has been issued by the City for construction of a single family dwelling upon the property, which has been found to be within 1,000 feet of a registered feedlot owned and operated by Beming Family Dairy, Inc. located north of 80 Street and west of Maclver Avenue. F. The applicant is requesting approval of a variance to allow for a single family dwelling to be constructed upon the property. Consideration of the application is to be based upon (but not limited to) the criteria established by Section 20 -6-2 of the Zoning Ordinance. G. The planning report dated 14 March 2006 and letter dated 19 June 2006 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. H. The letter dated 19 June 2006 written by Mr. Tom Beming on behalf of the Beming Family Dairy, Inc. is incorporated herein. 1. The Otsego Planning Commission held a public hearing at their regular meeting on 6 February 2006 to consider the application, preceded by published and mailed notice; upon review of the application, and other evidence, the public hearing was closed and the Planning Commission recommended by a 7 -0 vote that the City Council approve the request based on the aforementioned findings. 1 DECISION: Based on the foregoing information and applicable ordinances, the requested application is hereby APPROVED, based upon the following findings: 1. The variance will not: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. c. Have the effect of allowing any uses which are prohibited, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood or in any way be contrary to the intent of this Chapter. f. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of Section 20- 6 -2.B.2 of the Zoning Ordinance. 2. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district or area. 3. Literal interpretation of the provisions of Section 20 -27 -9 of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter or deny the applicant the ability to put the property in question to any reasonable use. 4. The special conditions and circumstances causing the undue hardship are not the result from the actions of the applicant. 5. Granting the variance requested will not confer on the applicant any special privilege that is denied by the Zoning Ordinance to other lands, structures or buildings in the same district under the same conditions. 6. The request is not a result of non - conforming lands, structures or buildings in the same district. 7. The request is not a use variance. 8. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. MOTION BY: SECOND BY: 2 ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 26 day of June, 2006. CITY OF OTSEGO By: Larry Foumier, Mayor Attest: Judy Hudson, Zoning Administrator /City Clerk 3 NAC 41% %Q &110 CON %UL.! &N!$,, Macs 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @nacplanning.com 28 June 2006 9 16 ) 7 ( S JUN �� Mike Rolfe 2006 sip/ N 0 j Rolfe Builders, Inc. , 1 6341 NW 172 Lane By Ramsey, MN 55303 RE: Otsego — Feedlot Setback Variance; Review Period Extension NAC FILE: 176.02 — 06.19 Dear Mr. Rolfe: This office serves as the City Planner for the City of Otsego. The City received an application from Rolfe Builders, Inc. on 23 May 2006 for a variance from the 1,000 -foot feedlot setback from the Beming feedlot for the lot known as Lot 1, Block 1, Arbor Creek 3' Addition. The application was considered at a public hearing noticed for the Planning Commission meeting on 19 June 2006. The Planning Commission recommended approval of the variance to the City Council at that meeting. The City Council considered the variance request at their meeting on 26 June 2006. The application was tabled by the City Council at that meeting. Minnesota Statues 15.99 requires that cities act upon development applications within 60 days of a complete application being received. Based on the submission date of the application noted above, the City of Otsego is required to act upon the requests by 22 July 2006. In order to allow City staff and the City Council adequate time to consider the application, following their tabling of the application on 26 June 2006, additional time is likely to be required. Minnesota • Statues 15.99 allows a city to provide notice to an applicant of an extension of the review period • for an additional 60 days if necessary to process the request. Therefore, this letter is notice that the City of Otsego is extending the review period for the submitted application an additional 60 days. The extended deadline for City Council action on the variance application shall be 20 September 2006. If you have any questions regarding this matter, please do not hesitate to contact our office. Sincerely, NORTHWEST ASSOCIATED CONSULTANTS, INC. A Laurie Shives Planner c. Mike Robertson, Judy Hudson, Andy MacArthur, Ron Wagner JUN -20 -2006 11 43 MAGUIRE IRON, INC. 605 334 9752 P.01 /01 ITEM 8..2 �...._.._ _" ( : 1 P.O. Box 1446 Sioux Falls, SD 57101 L ' I Phone (605) 334 -9749 �� ,C �_�__..__�i Fax (605) 334 -9752 Maguire Iron, Inc. www.maguireiron.com To: Bill Morris Company: Hakanson- Anderson Eng. From: Rich Kenunis Date: 6%2012006 Fax 763 -427 -0520 Phone: 763 -427 -5860 Re: Otsego, MN Para: 1 p Urgent 0 For Flew 0 Please Comment 0 Please Reply 0 PleaseRecycIe Bill, I'm just getting back to you on estimates for dismantling the tank. To dismantle the tank and relocate to a new, good access site, 4000# soil, standard paint, standard electrical with tower lighting & obstruction light, essentially normal conditions, would cost approximately $ 600,000 where a new tank of the same size would run approximately $ 750,000. To dismantle the tank and Maguire Iron would keep the tank, would cost approximately $ 30,000. I hope that the engineers report and this information is helpful in your decisions of what is to be done. If you have any questions or need additional information, please don't hesitate to give me a call. Thank you. Rich ICerrmmis Maguire Iron, Inc. ITEM 9.1 To: City Council Date: July 6, 2006 Re: Duke Development Agreement Attached is just a draft of Duke's Development Agreement. Andy will make his comments at the City Council Meeting July 10, 2006. • DRAFT- June 2.7 , 2006 ( Deleted: 5 DEVELOPMENT AGREEMENT • GATEWAY NORTH THIS AGREEMENT, entered into this _ day of , 2006, by and between DUKE REALTY LIMITED PARTNERSHIP,a Limited Partnership Deleted: under the laws of the State of Indiana, Developer, hereinafter referred to as Deleted: "Developer," and the CITY OF OTSEGO, a Minnesota municipal corporation ( Deleted: both located in Wright County, hereinafter referred to as "City." l : RECITALS: WHEREAS, Developer is the fee owner of a parcel or parcels of land described in Exhibit "A" attached hereto and incorporated herein by reference, which parcel of land measuring approximately 157.68 acres is proposed for development as a Deleted: 190.14 subdivision and a Planned Unit Development ( "PUD ") for 109.71 acres of the Deleted: 142.09 --- - - - - -- -------- - - - - -- property being rezoned as I -2 District with a Planned Unit Development jncluding Deleted: conditional Use Permit eight (8) lots As well as the dedication of right of way for construction of an Formatted • extension of Queens Avenue in the City, and which subdivision is intended to bear ( Deleted: and five (5) oadota the name GATEWAY NORTH and may sometimes hereinafter be referred to as the "Subject Property" or the "Plat," and WHEREAS, on June 12, 2006 the City has rezoned portions of the Subject Property to I -2, General Industrial District with a Planned Unit Development Conditional Use Permit; and WHEREAS, on June 12, 2006 the City approved the Planned Unit Development ( "PUD ") for the plat GATEWAY NORTH; and WHEREAS, on June 12, 2006 the City approved the Development Stage Plan Preliminary Plat and Site and Building Plans for the Subject Property; and WHEREAS, on June 12, 2006 the City approved a Preliminary and Final Plat of GATEWAY NORTH, subject to certain conditions; and NOW THEREFORE, in consideration of the promises and mutual promises hereinafter contained, it is agreed between the parties as follows: 1. Conditions of Plat Approval. The City hereby approves the Plat on condition that the Developer enters into this Agreement, furnish the security required by it, and record the Plat with the Wright County Recorder's Office or Registrar of Titles within one hundred (100) days after the Agreement is ( title fully executed by both parties and all required security has been posted with • the City. 2. Right to Proceed. Within the Plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the Zoning Administrator, �) the necessary security required to be provided by Developer to the City Deed: and all conditions contained in this Agreement have been met. pursuant to this Agreement has been received by the City, 3) the Plat has been recorded with the Wright County Recorder's Office or Registrar of Titles, 4) Developer has initiated and attended a pre- construction meeting with the City Engineer, and 5) the Zoning Administrator has issued a letter that all conditions to be satisfied by Developer prior to gradiiw have been satisfied and that the Developer may proceed; or until such time as approval to commence earlier construction is specifically approved by the City, and Developer has fully complied with all conditions set forth by City staff. Notwithstanding the above, Developer,may proceed with preliminary grading ( Deleted: s in accordance with an approved grading plan or preliminary utility work in accordance with approved grading and utility plans pursuant to a separate agreement with the City and posting of appropriate security set forth in such agreement. 3. Changes in Official Controls. For Yen (10) years from the date of this ( four Agreement, no amendments to the City's Comprehensive Plan, except (: 4 changes in permit and processing fees or charges, shall apply to or affect the use, development density, lot size, setbacks, lot layout or dedications of the approved Plat unless required by state or federal law or agreed to in writing by the City and the Developer. 2 4. Development Plans. The approval granted by the City requires that the Plat be developed in accordance with the plans attached to this Agreement and the conditions stated below (hereinafter "Development Plans "). If the ,7evelopment Plans vary from the written terms of this Agreement, the ( Deleted: plans Development Plans shall control. The Development Plans are: ,Deleted: written terms Plan A Final Plat, GATEWAY NORTH, dated , 2006 prepared by Schoell Madson. Plan B Grading, Drainage, Erosion Control Plan, dated 2006, prepared by Schoell Madson and as finally approved by the City Engineer. Plan C Storm Water Pollution Prevention Plan, dated , 2006, prepared by Schoell Mason and as finally approved by the City Engineer. Deleted: 5. Municipal Improvements. A. Petition for Improvements (Petition Items). Developer represents that it owns 100% of the Subiect,Property to be assessed for its agreed ( De d: p upon share of the assessment for the following improvements: City of Otsego Improvement Project No. 2006- including road improvements by construction of a portion of Queens Avenue from 70 Street NE southward to 60 Street NE including construction of roadway, turn lanes, curb and gutter, trail, asphalt, street lights, landscaping, sanitary sewer, water lines (including the water tower) and storm sewer drainage improvements as described therein (hereinafter "Petition Items"). ,The Subiect ,Property represents more Deleted: Developers - - - -- - - - -- ------ - - - - -- than 35% of the total project area to be assessed for the project and Deleted: p • Developer herein petitions the City to proceed with the Petition Items, Deleted: improvements listed above J B. Waiver. The City agrees to proceed,with the petition Items and to Deleted: In the event that complete the water main, sanitary sewer and street work to service Deletes: a Developer's building 1 by December 31, 2006 with the remaining Deleted: project as requested Petition Items complete on or before December 31, 2007, Developer Dom: agrees to be assessed for ,the cost of the Petition Items ,in an amount Deleted: said not to exceed 2% above the Engineer's estimate for Developer's fair Dew: improvemema share of the assessment (20% of thepetition Items excluding the cost Deleted: 10 of the Petition Items for the sanitary sewer and water line (excluding Deleted: rood costs including right of the water tower) located beneath Queens Avenue from 70 Street way acquisition - [Formatted 3 Southward to 60 Street NE which Developer pays one hundred I Formatted percent ( 100 %) of such cost) or . The 20% share of petition Items only applies to those portions of the Plat which are to ( Deleted: roadway assessments developed as Industrial (designated as Outlot F). Developer waives any and all right to appeal the assessment, and waives any irregularities in procedure as well as any required hearings up to the amount set forth above. The waiver includes any appeal right provided for under statute, case law or Constitution. Developer retains only the right to appeal the assessment if it exceeds the amount waived, but only any amount above the waiver. With regards to areas of the,jlat which are ultimately developed as Deleted: p residential or other than commercial ( Outlot D), $he then owner of Deleted: they such property shall pay an assessment or other charge based upon assessments or charges to other similarly situated residential properties benefited by the roadway portions of the Project. , Outlot D, Deleted: Any residential development of Deleted: shall require appropriate re- C. Petition Items. The City shall construct as part of its City zon in g . platting and a separate Improvement All of the Petition Items shown on Exhibit B attached Developer's Agreement hereto, pursuant to the Public Improvement Plans for City Deleted: Project No. 2006•_ Improvement Project No. 2006-__ utilizing its regular methods of making public improvements, subject only to additional requirements as set forth in Paragraph 9. The City shall complete the water main, Deleted: 30 sanitary sewer and street work to service Developer's building 1 by December 31, 2006 and the remaining Petition Items on or before December 31, 2007. Developer agrees that special assessments for such Petition Items (the "Assessments ") may be levied by the City, without Developer's objection or appeal, after construction is commenced in accordance with Chapter 429 of Minnesota Statutes and that and that the City may recover its costs and expenses including legal, project management, administrative and engineering), provided said special assessments shall be levied in the amount or lesser amount of the respective cost of such Assessments. The Assessments shall be payable in equal principal and interest installments as determined by the City over a period of 15 years, computing said interest pursuant to ( D: City standard policies except that the interest rate shall be no more than 1% above the bond rate for bonds issued for the Project with the first installment coming due commensurate with the 2007 assessment for 2008 payable real estate taxes and Assessments. 6. Payment for Petition Items. The Developer agrees, in accordance with the terms of this Agreement, to pay for the Petition Items in the manner set forth herein. 4 ( Deleted: s l J A. It is anticipated that the City's debt service each year during the (Deleted: p referred assessment period for the cost of the Petition Items shown in 1 Deleted: said special a Exhibit B, that portion of which benefits the Subject£roperty, will [ Formatted require an estimated payment from the City to its bondholders to be ( Deleted: sufficient — � — � determined at the time of bonding. It is intended that Developer shall ( Deleted: s make (or cause to be made) sufficient payments of its agreed upon Deleted: guided properties share of the Assessments on the Subject Property (except the Phase Deleted: The Developer shall post as I I Plat) that City's cash flow will be unaffected by said improvement moo l00% f ;s�,ar o the project. The balance of the debt service shall be funded by other Assessment.. The Letter of Credit shall be properties benefited by the Project by set charges or assessments. subject to release in accordance with the "Surety Reduction and Relative Release (Please explain the basis of this paragraph A and B.1 provision set forth in paragraph 7(D) below Deleted: may give written notice of B. That Developer herein agrees that it will actually pay (or cause to be default to the eloper and if the paid) ,the amount, of it's agreed upon share of said Assessments each within delinquent installment penalties and interest) year, if not already paid in prior years, for industrial ,use lying within 30 days after the notice, the City may draw upon the defaulting party's surety the plat of the Subject Property ( Outlot F), except all properties so that City's cash flow will be within Outlots A, C, D and E and all outlots dedicated for drainage unaffected by said improvement prOJeC1 • to enable City to pay the required debt service ( weletnd: Developer c herein be p that it and utility purposes, tY P Y � I will acmahly ay (� cause to be a�) payment when due. To determine the actual amount, as opposed to I sufficient amounts of said Assessments each year if not already paid in prior the estimated amount, to be paid by the parties, the principal years, for properties lying within the plat amounts shall be added to the interest amounts, for the subject of the Subject property (oudot F), and that it is their responsibility to enable City improvement project, as shown on the tax statements for lots lying to pay the ,mired debt service payment due. To within the Subject Property (Outlot F) less credit for prepayments when op ppoo d ro to t d the e estti a amount. as opt mated made therefor. The City shall collect such Assessment in the same amount.t°bepaidbyDeveloper,the Assessment amounts shall be added to the manner and at the same time as the City collects real estate taxes and interest amounts. forthesubject other special assessments. improvement project, contained iihin""` Outlot F (including subsequently approved outlots. except any outlot on the C. If there is a default in payment of any installment of any of the plat dedicated for drainage and utility Assessments on the Developer's parcel (Outlot F), the City ,shah l w'tp°eca ) 'ring withal. the Subject Raperty, less credt for prepayments have the same remedies it has for a failure by any property owner to made therefor. Any deficiencies in the amount paid by Developer for pay its real estate taxes or special assessments. Assessments causing a shortage of finds with which City may timely pay the required debt service payment shall be • D. fDUplicated with B above.' supplemauedwithfimdswitdrawnby City from the Developer's approved letters of aedit. or odor surety furnished E. Assignment and /or Transfer of Assessments and Surety to City as the case maybe. Any of said surety or guaranty of fimds refereed to Obligations. The Assessments levied for City Project No. 2006 -_ herein that are withdrawn will be used by or a n y other City p r o j e c t previously levied, or t o be levied as a part City for payment ofits herein-referred debt service payment when due. Upon of activating previously deferred assessments, if any, against the Developer paying the delinquent .., t Subject Property, or portion thereof, shall run with the Subject Deleted: may Property and ),e assumed by the new purchaser of the Subject Deleted: Develops, unless the new Property, or portion thereof, upon the sale or transfer of any fee as a c r h hmweveeve s rts rra main as as allowed, r, shitted maintain the ownership interest in the Subject Property., sureties required under Section 7 hereof for the purpose of guaranteeing C 2 5 7. Security. I Deleted: < # >Security - Petition j I Items. Developer shall provide the City I with an hrevocable Standby Letter of A. Security internal Grading Improvements. Developer shall • Credit in the amount of $ for construct the ,site, grading. drainage. erosion and sediment control and c ost of eduponshare °Fmee t -. cost of the Petition (terns which are to be wetland protection within the Platand which are further identified on constuctedaspartofCity ProjectNo. 2006- . The security is calculated as the Exhibit C attached hereto (hereinafter "internal Grading amount of overall Assessment as agreed p " g P P ope the` across Plat Said Ian rovements ). ,The Internal _Grading Improvements shall be constructed at Developer's sole cost, ,shall be constructed to City security is the guarantee referred to standards, pursuant to ,plans approved by the City and shall be reve is arrmr uaully a p revenue s pro duuced ced ro by y the constructed within City easement or right of way. The Internal payment of special assessments to enable City to pay the required debt service ,Grading Improvements shall pass to City ownership upon acceptance payment. which debt service payments by the City and without further action. Developer shall also construct " s o Dev f cietylopment. n velop`r private improvements, including private streets and sidewalks, within verification of the conditionsbereinbelow described. City may grant a reduction or Outlot F of the Subject Property. Developer is responsible for ongoing release of the respective party's security, maintenance of all private improvements. as the case may be.1 1 Dusted: Plat To ensure compliance with the terms of this Agreement, and Formatted: Bullets and Numbering construction of ,the Internal Grading Improvements, the Developer Dtaleted: Ae shall furnish the City prior to commencing construction of the Deleted: public Grading Improvements ,a letter of credit in the amount of $,5 86,560.00 improvements calculated as follows: tweed:: public its, sanitary sewer. water lines and storm drainage improvements, except for Queens Avenue Site, grading, drainage, erosion and sediment $,329,160.00 which will be constructed by the City as control and wetland protection — - - Paid by Developer Mav 5.2006 -$ 329,160.00 Deleted: Any other Deleted: public Sanitary Sewer - Lateral and Trunk $ 682,000.00 ( Deleted: i Watermain- Lateral and Trunk - $ 150,000.00 Dew: and and (Grading Credit) Deleted: $ 532,000.00 Dusted: approved Development P Deleted: All Engineering & Surveying Construction Services $ 54,560.00 deleted: public Deleted: i Deleted: . which shall be constructed to City std TOTAL $ ,E86,560.00 Deleted: all public improvements Deleted: with security" The issuer and form of the etter of credit s hall be subject to City — _ J Deleted: 1.036, approval which approval shall not be unreasonably withheld. The,etter Dellted of credit shall be for a term ending September 1, 2007. Upon oelatea :g Developer's failure to complete the Internal Grading Improvements Deleted: security within days after commencing such work, subject to force -- majeure, jhe City may, after written notice to Developer and the Deleted: $aurrty Deleted: T 6 expiration of period of thirty (30) days to cure any default or such 1 Deleted: and longer period as may be required to cure such default. complete the Internal Grading Improvement and, draw down the Jetter of credit to ( Deleted: security pav for the completion of the Internal Grading Improvements., It shall I Deleted: for any violation of the terms 1 be the responsibility of the Developer to inform the City at least thirty of this fte pending expiration ri ation o of notice of the p the (30) days prior to expiration of the security of the impending security. _ expiration of the status of the project relative to the security and this ( Deleted: and Agreement. If, for whatever reason, the security lapses prior to completion of the Internal Grading Improvements, the Developer shall Deleted: e immediately provide the City with either an extension of the security Deleted: compliance with this 1 or an irrevocable letter of credit of the same amount upon notification Agreement of the expiration. If the internal Grading ,improvements are not ( Deleted: required j completed at least thirty (30) days prior to the expiration of the Jetter (Deleted: i of credit and a new letter of credit or extension has not been given to Deleted: security the City, City may J security ' ty ty y draw down the etter of credit. If the securi is Deleted: also drawn down the proceeds shall be used to pay for the completion of Deleted: security the Internal Grading Improvements, if not paid by Developer or Deleted: cure any default returned to Developer upon completion of the Internal Grading Improvements. • 7 r Delet d: work as shown in J Upon receipt of proof satisfactory to the C ity that ,the internal Grading Deleted: Development Plans Improvements )lave been completed in accordance with the plans for Deleted: has such and financial obligations to the City have been satisfied, with �—� 1 City approval, the security may be reduced from time to time down to ( Deleted: $,88.656.00, or 10% of the security, or to the amount of warranty Formatted security, whichever is more. A warranty security in the amount of .45,000.00 shall be posted with the City as set forth in Paragraph 28 of I this Agreemen Deed " Formatted - - -- - - - - - -- Deleted: i ) Notwithstanding the posting of that warranty security, the security Dew: and the required as built" shall not be reduced below ten percent (10 %) of the posted security plans have been received by the City until all Internal Grading have been completed, an al t ,Improvements P D eleted: The intent of this Agreement financial obligations to the City satisfied (which includes posting of is that die City has access to sufficient warranty security), , security, security ete � p project insure vgananty on all public improvements at all times. The letter of credit security amount shall be submitted to the City prior : . his to onnnencement of construction the Internal Grading .0 n of erna a Deleted: execution of the Plat and Improvements. All administrative and legal fees related to plan Development Agreement review, drafting of the Developer's Agreement and any other Formatted necessary items shall be paid to the City prior to execution of the Jlat Deleted: P and the Development Agreement in an amount not to exceed Formatted j $ l Deleted: s Formatted The security for this Agreement shall be a Letter of Credit issued to the Deleted: a>Su rel Deficiency. In the City of Otsego in the amount of $ 86, 560.00. event that the respective sget1eS are ever tY g utilized and found to be deficient in amount to pay or reimburse the City in total 011 the Developer's parcels, as the 8. Operation and Maintenance. The Developer shall pay for the operation and case maybe, Developer agrees that upon maintenance of any public street lights for period (1) o one (/ ear or until being notified by the City of such Y P Pe ' l ) Y deficiency. the Developer will pay the such time as the Plat is ninety percent (90 %) built out, whichever occurs first. said deficient amount or provide additional surety within fourteen (14) The first year of operation and maintenance shall not commence until such days of the mailing of said billings. If time as the Plat is accepted by the City and it is formally recorded. Developer there should bean overage in the amount of utilized security City will. upon shall submit an escrow of $ (_ lights x 24 months x $20 /month) for making said determination. refund to the street light operation and maintenance. Said amount is included in Paragraph C i its monies s hr e i n City 11 of this Agreement. excess City has of o t he n possession, whic ich are in 1 ataSarety Redaction and Relative 9. Developer or Lot Owner Private Improvements. The Developer or Release. spy posted by Developer may be reduced from time to time under Individual Lot Owner (any Purchaser of a lot within the Plat after this the following circumstances: Agreement) that it shall cause to be constructed and installed certain 1 �� t )agree (1). 'When other acceptable sureties are private improvements ("Private Improvements ") on individual lots within the wished 1O the Cit to mace prior Plat when the individual lots are developed. All Private Improvements are to Developer, wherein the new Developer be installed at Developer's or Lot Owner's sole cost and expense and shall be sureties, such as the sale of a lot to a new becomes successor �� Agreement by Developer. and the new Developer provides City with an acceptable sl ... I3] 8 pursuant to a separate development agreement that affects a particular lot only. The Private Improvements shal(includke: ( Deleted: • 1 i Deleted: ing ✓j a. Parking areas and common drives. b. Parking lot lights. c. Site grading. d. Underground utilities e. Setting of lot and block monuments. f. Construction surveying and staking outside of City, County and/or MnDOT right of ways or City easements. g. The City and individual lot owner(s) shall enter into ,separate Deleted: ! evelopment ggreement(s) which shall provide that the Private Deleted: D Improvements (and any public improvements) shall be installed in Deleted: A accordance with all applicable building codes And the plans furnished Deed: City standards, ordinances. to the City and approved by the City Engineer. The Developer or individual Lot Owner shall obtain all necessary permits before proceeding with construction. The City shall provide adequate field inspection personnel to assure acceptable quality control, which will allow certification of the construction work. The City may, when reasonably required to do so and at the Developer's expense, have one (1) or more City inspectors and a soil engineer inspect the work. Within thirty (30) days after the completion of the improvements and before any security (required under such separate development agreement) is released, the Developer or Lot Owner shall supply the City with a complete set of reproducible „ "as built" plans and two (2) complete sets of blue line "as built" plans, Iron monuments shall be Formatted installed in accordance with Minnesota Statutes 505.02. The Deleted: prepared in accordance with • Developer's surveyor shall submit a written notice to the City City staodards certifying that the monuments are installed. Deleted: storm Water Fees. The City I 10. Intentionally Omitted has not established a specific fee for the impact of the Plat upon storm water drainage within the City. In the event that a fee is established prior to platting of any individual lot said fee shall be 11. City Engineering Administration and Construction Observation, and esablishedintheDevelopment L Legal and Administrative Fees Escrow. The Developer shall a fee for Ag1Ge for that md�d hx or hNS. eg pe pay Any such lee will be betted upon the C itv's consulting, engineering and Administration upon executing the Plat engineering pies Com b' City. or signing this Agreement. City Engineering administration will include Delete 9 monitoring of construction, observation, consultation with Developer and its engineer on status of problems regarding the project, monitoring during the warranty period and processing of requests for reduction in security. Fees for this service shall be three percent (3 %) of the estimated construction cost of the Internal Grading improvements to be inspected, assuming normal I Dew: i construction and project scheduling. In addition, $he Developer shall pay for : T construction observation performed by the City's consulting engineer. Construction observation shall include part or full time inspection of public improvements and will be billed on hourly rates estimated to be five percent (5 %) of the estimated construction cost of the Internal Gradinn jmprovements ( Dew: i to be inspected and shall include the cost of any permits required by the City. In the event of prolonged construction or unusual problems, the City will notify the Developer of anticipated cost overruns for administration and observation services. The escrow amount for the City's consulting engineering (Deleted: E services is only an estimate and shall be reconciled with actual billing. The ( Formatted escrow account shall include a flat fee for Administrative costs and an estimate of Legal expenses to pay for only services actually billed to the project, ,and shall be established at the time that improvements are I Deleted: and Signs commenced~ (Deleted: All administrative and legal fees related to plan review, drafting of any ( Formatted Development Agreement and any other necessary items referenced above shall be paid to the City prior to execution of the Plat and Development Agreement. Any amounts not utilized from this escrow fund shall be returned to the Developer when all improvements have been completed, all financial obligations to the City satisfied, and any required "as built" plans have been received by the City. Notwithstanding anything contained herein to the contrary, all administrative. legal, engineering, review drafting and consulting fees paid to the City . pursuant to the terms of this Agreement shall not exceed $ The escrow and fees set forth in this Paragraph are separate and distinct from escrow established under any other portion of this Agreement. An estimate of the proposed escrow is set forth below. The estimate is based upon current engineering and fee projections for the Internal Grading Improvements ,and (: this is a minimum estimate. Escrow and fees for construction or individual lots shall be determined at time of development and shall be included in a separate development ,agreement, Deleted: A with each individual Lot Owner prior to construction. Deleted: ' ESCROW and FEES FOR INTERNAL GRADING IMPROVEMENTS 10 City Construction Administration ! Formatted ,Utility and Street Inspection Fees Escrow r Formatted 3 (estimated 8% of $ ) $ L! maw City Administrative Fee Flat fee (1% of $ 886,560.00) $ 8,865.60 Legal Fee Escrow Escrow (1% of $ 886,560.00) $ 8,865.60 Trunk Water and Sewer Access Fee To be included in individual agree - 1. Trunk Sanitary Sewer (SAC) ments for lots 2. Trunk Water (WAC) approved in • accordance with Paragraph 3 I. Street and Traffic Control Signs $ 37 signs x $200.00 per sign Street Light Operation and Maintenance 11 lights x 24 months x $20 /month $ Trunk Storm Water Impact Fee NA TOTAL ESCROW and FEES — AMOUNT DETERMINED AT TIME OF AGREEMENT EXECUTION $ 12. Grading, Landscaping and Drainage. The Developer shall be responsible for grading, landscaping and storm water management as more fully set forth in this Agreement,, The Developer. as an individual lot owner or an individual ( and :he nevelop lot owner shall submit to the City for approval a landscaping plan for each lot within the Plat. In furtherance of this obligation of the Developer: Deleted: The Developer or individual a. Landscaping. ,The Developer or individual lot owner shall be hit owner shall submit to the city for responsible for full and complete implementation of the andsca in "` °h ' °8C8 p''° for each lot Po P P � P $ �� the Plat ,plan. In order to insure compliance with the landscaping ,plan, Deleted: L Developer or individual lot owner shall submit to the City security to p insure implementation of the Plan in an amount, term and form to be oe P determined by the City. Said security may be used to cure any Deleted: L deficiency in the approved landscape ,plan, and to insure any : r 11 warranties required by the City. If the landscaping is not timely completed after thirty (30) days notice and opportunity to cure by I Developer or individual lot owner, the City may enter the ,individual o letter: Pie: lot, perform the landscaping work, and apply the security toward the cost. I Developer shall sod and landscape all boulevard areas pursuant to a Defied: the approved jandscape ,plan for each lot and shall maintain the sod and Deleted: L - - - -- ------------- landscaping through at least one growing season and to the satisfaction Deleted: P of the City. The long term maintenance of sod and landscaping of boulevard areas shall be the responsibility of Individual Lot Owners after purchase of any individual lot, pursuant to the separate Aevelopment Agreement with any lot owners. Developer shall have responsibility for long term maintenance of boulevard sod and ( Deleted: A landscaping until such time as an individual lot is transferred. Further, Developer shall be responsible for mowing, elimination of weeds and removal of any garbage or debris of all portions of the Plat until they are transferred to Individual Lot Owners. Upon satisfactory completion of the landscaping, the security, without interest and less any draw there from made by the City, shall be retumed to the Developer or individual lot owner. „If the Developer is ( Deleted: The providing any trees, grass, seed, and sod as part of a development Plan, the Developer shall maintain said plantings and warrant them to remain alive, of good quality and disease free for twelve (12) months • Deist DOvel � ° sccrr tone froth abm to the City to after planting. Any replacement shall be warranted for twelve (12) secure these warranties. months from the time of planting. a Formatted Der d: There shell bloat Landscaping Plan for each i °dn i d° a l lot within the b. Erosion Control. The erosion control plan for the Plat has been. mt.,.seperatea reviewed and approved by the City and implemented by Developer executed by the City and each individual Lot prior to any rough grading. The City may impose additional erosion pi that lot and control requirements if, in the reasonable opinion of the City Engineer, oo f pI a security for implementation they would be beneficial. All areas disturbed by the excavation and 1 backfilling operations shall be reseeded forthwith after the completion Formatted: Bullets and Numbering of the work in that area. If the Developer does not comply with the Deleted: ABer the site is rough graded, erosion control plan and schedule or any supplementary but commenced or further construction building ;s P Y PP terry instructions, cumme�ed or further biliag permits the City may, with reasonable notice, take action as it deems are issued, the erosion control plan (Plan B) shall be implemented by the appropriate in accordance with all applicable laws. Developer and inspected and approved by the City. If the city Engineer determines that it would be uoeaaonable to require c. Grading Plan. Plat grading shall be in accordance with the grading plan prior r «control plan (Plan B set forth on the Plat and Bench Grading Plan). Ponds, issuance of certain building permits, he swales, and ditches shall be constructed on public easements or land ` place an in ce a n w ` le ' ` d whaat part c ticuull ar owned by the City. Within thirty (30) days after completion of building Pars can be issued prior to full implementation. 12 grading and before any retained security is fully released, the r I Formatted Developer shall provide the City with an "as built" grading plan including certification by a registered land surveyor or engineer that all ponds, swales, and ditches have been constructed on public easements _ ` or land owned by the City. .„"As built" plans shall include field verified ( De ) elevations of the following: i. Cross sections of ponds ii. Location and elevations of swales and ditches iii. Lot comers and house pads I Occupancy permits for any particular development on a lot shall not be issued until the grading and drainage plan for such lot is ,complete. , (Deleted: certified as set forth above ) Formatted 13. Right of Entry. The Developer hereby grants to the City, its agents, employees, officers and contractors a right of entry to enter the Plat to perform any and all work and inspections necessary or deemed appropriate by I the City during the installation of /he Petition Items and Internal Grading Deleted: lmprovementsbyDeveloper Improvements, or to make any necessary corrective actions necessary by the or the City City. Except in emergency situations, as defined by the City, the City shall give the Developer xhirty (10) business days notice stating the deficiencies Deleted: five and necessary corrections prior to making any corrective action. Said right of Dew: 5 I entry shall continue until the City finally accepts the Internal Grading Improvements. ( Dew ) 14. Pre - Construction Activity. The Developer shall schedule a pre - construction meeting with the City to review the proposed schedule for I grading and to coordinate the schedule with the installation of he ,Petition Deleted: Municipal Items, Deleted: improvements Delete to Queens Avenue 15. Park and Trail Dedication. Developer's obligation to pay Park and Trail dedication for the Plat has been waived by the City in lieu of other . considerations provided by the Developer. I 16. Ownership of Improvements. Upon completion of the ,Internal Grading Deleted: work and construction Improvements, improvements lying within public easements shall become required by this A fEment City property without further notice or action, except that those streets which will be maintained as private drives shall remain under Developer's I ownership subject to any and all necessary City easements. IWe need the City to specify.] 17. Clean Up. The Developer shall promptly clean any and all dirt and debris from streets resulting from construction work by the Developer, its agents or 13 assigns. The City shall promptly clean any and all dirt and debris from streets resulting from construction work by the City. its contractors. agents and assigns. 18. Further Agreements. The Developer or Lot Owners purchasing lots or outlots within the Plat shall enter into additional development agreements with the City as a condition of approval of individual developments. Said development agreements shall incorporate applicable portions of this Agreement, as well as individual items such as, but not limited to, escrow, sewer and water availability charges, landscaping. economic incentives and other matters. Said development agreements, shall also contain the amount of ( Further assessment for the roadway portion of Queens Avenue, prorated by acreage ( A for each individual lot, or established under a different allocation if agreed to by the City, Developer and Lot Owner. • 19. Restrictions. The following restrictions apply to the property and all lots, thereon shall be held, sold, and conveyed subject to the following conditions and restrictions, which are for the purpose of protecting the value and desirability of the plat and insuring that all conditions imposed by the City in this Agreement are properly recorded against the property. Said conditions shall run with the real property and be binding on all parties having a right, title or interest in the Plat, or any part thereof, their heirs, executors, representatives, successors and assigns: A. Developer shall record at the Wright County Recorder's Office the Declaration of Covenants, Conditions and Restrictions for Gateway North, as approved by the City Attorney. [We need City to identify what restrictions they want. 20. AUAR. Developer has initiated an AUAR (Alternative Urban Areawide Review) for the Plat that the City approved on June 26, 2006. Developer shall comply with all terms and conditions of any City approval of the AUAR and implement any and all actions or mitigation required by City approval. 21. Responsibility for Costs. a. Except as otherwise specified herein, the Developer shall pay all costs incurred by it jn conjunction with the development of the Plat, (Deleted: or the Cil including, but not limited to, legal, planning, engineering, and inspection expenses incurred in connection with development of said 14 Plat, the preparation of this Agreement, and all costs and expenses _ incurred by „Developer in monitoring and inspecting development of Dew: the City the Plat. The Developer shall pay anv costs incurred by the City as specificalh set forth in this Agreement. b. The Developer shall hold the City and its officers and employees harmless from claims made by themselves and third parties for damages sustained or costs incurred resulting from ,Developer's acts in Deleted: Plat development. The Developer shall indemnify the City and connection with the development of the Subject Property by its officers and employees for all costs. Developer. damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees c. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering fees, attomey's fees, and costs and disbursements. The City shall reimburse the Developer for costs incurred in the enforcement of this Agreement, including engineering fees, attornev's fees, and costs and disburserents. d. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement and agreed to and paid by Developer under this Agreement within thirty (30) days after receipt. If the bills are not paid on time and the Developer does not dispute the payment or amount of such bill, the City may halt all Plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer has sold, until all bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of twelve percent (12 %) per year. 22. Developer's Default. In the event of default by the Developer ,in the Deleted: as to any of the work to be completion of the Internal Grading Improvements, the City may, at its option, performed by rthereunder perform the work and the City may then draw down the security established in Paragraph 7 to pay for any work undertaken, provided the Developer is ( Deleted: wodc in J , first given written notice of the default, „in accordance with Paragraph 7 Deleted:notlessthanffteentls) above. This notice provision does not apply if the work performed by the ; business days in advance enc City or its contractors is of an emergency nature, as nat determined at the sole Deleted: aAbaodoament of Project `J al— Costs and Expenses. In the event the discretion of the City. Should such emergency work be required the City will Developer should abandon the make all reasonable efforts to notify the Developer as soon as possible. When D ev° °t the Citys costs add pe po expenses for the prep ration of the the City does any such work, the City may, in addition to its other remedies, feasibility ions rd plans and specificat and an au other costs assess the cost in whole or in part to the Subject Property pursuant to any expended by City which are associated with Project No. 2006 -_ shall be paid by applicable statutes or ordinances. Developer., 1 1 23.Claims. In the event that the City receives claims from labor, materialmen,' or others that perform work required for the Internal Grading Improvements, Formatted: Bullets and Numbering Deleted: by this Agreement 15 and the sums due from Developer to them have not been paid, and the laborers, materialmen or others have filed a lien against the Subject Property and are seeking payment from the City, the C ity hereby agrees to provide Developer with written notice of such claim. If Developer does not satisfy such claim or commence action against such claimant for wrongfully claiming such amount is due then Developer hereby authorizes the City to commence an interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courtspnd deposit the funds in compliance ( Deleted :. to draw upon the letters of credit in an amount up to one hundred with the Rule, and upon such deposit, the Developer shall release, discharge, twenty -five percent (125%) of the and dismiss the City from any further proceedings as it pertains to the letters ciano(s) of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorney fees pursuant to this Agreement. In the event that the Developer desires to make a cash deposit instead of drawing down the letter of credit if a claim is made as stated above, the, Developer ( Deleted: y shall immediately notify the City of this intent at the time the claim is made and shall delivery one hundred twenty -five percent (125 %) of the claim to the Costs. D < >D °per eP City within ten (10) days of such notice in the form of cash or certified check. amounts set forth in this Agreement as The City agrees pay all amounts when due for completion of the Petition costs. "unspecificallyspecifiedas 4� to p' Y amoun (� feted amounts. are estimated. Developer Items and will cause any liens that may be filed against the Subject Property agrees that they shall pay the actual costs. provided the costs are roughly consistent as a result of completion of the Petition Items to be released within thirty (30) with the feasibility reports and days after written notice from Developer. peeIimnaiy cost estimates as determined at the time of assessment roll, associated with the proposed development together with platting costs, interest. 21. Miscellaneous. ' administrative, engineering and legal costs with respect to their respective parcels. unless and to the extent same are a. The Developer represents to the City that to the best of its knowledge included in the aasessmemt the Plat has been completed in complance with all applicable County, metropolitan, state, and federal laws and regulations, including but not Formatted: Bullets and Numbering limited to, Subdivision Ordinances, Zoning Ordinances, and Deleted: es environmental regulations except where specifically excluded by this D a ,Agreement in effect as of the date of its issuance. Deletes: <#>Breach of any of the terms of this Agreement by the Developer gall be grounds for denial or revocation of b. Third parties shall have no recourse against the City under this f" a °`°pert'' within Agreement. 1 Formatted: Bullets and Numbering c. ,If any portion, section, subsection, sentence, clause, paragraph or ( : Bullets and Numbering phrase of this Agreement is for any reason held invalid, such decision ( Deletes: public shall not affect the validity of the remaining portion of this Agreement. Deleted: Deleted: public - d. If building permits are issued prior to the completion and acceptance. Deleted: i of the Internal Grading Improvements, the Developer shall assume all Dom: and damage m any public liability for the costs resulting in any delay in completion of the t the city, the Internal .Grading Improvements, No one may occupy a building for °° ° agents. or third parties which a building permit is issued on either a temporary or permanent Formatted 16 • basis until the streets needed for access have been paved with a bituminous surface, unless a specific exception is approved by the City or unless the City is required to complete such street. Formatted �) e. The action or inaction of the City shall not constitute a waiver or [Formatted: Bullets and Numbering amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's or Developer's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. f. This Agreement shall run with the land, shall be recorded against the ( Bullets and Numbering ) title to the property, and shall be binding on all parties having any right, title or interests in the Plat or any part thereof, their heirs, successors, and assigns. After the Developer has completed the Internal Grading Improvements, at the Developer's request, the City Derma: work required of them under this Agr will execute and deliver to the Developer a release or partial releases) "m`°` of this Agreement. • g. The Developer shall take out and maintain until one (1) year after the ( Formatted: Bullets and Numbering City has accepted the Internal Grading Improvements, public liability Deleted: public and property damage insurance covering personal injury, including ( i death, and any claims for property damage which may arise out of the Developer's work or the work of their subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall be not less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, and the Developer shall file a copy of the insurance coverage with the City prior to the City issuing further building permits. The City shall be responsible for any property damage or injury, including death, which may arise out of the City's construction of the City Work or the work of its subcontractors or by one directly or indirectly employed by any of them. h. Each right, power or remedy herein conferred upon the City or the ( Formatted: Bullets and Numbering ) Developer is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City or the Developer, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City or the 17 Developer and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. 1 i_, development of the Plat proceed at a pace slower than Deleted: < # >The Developer shall pay ated and for that reason, specific terms of this Agreement for all local coats related to drainage anticipated, , , Pe �gre improvements required to complete the become onerous or unduly burdensome to the Developer, upon construction according to die plans and conditions that are a part of this ,Developer's application, the City will enter into negotiations regarding ngreemeot.t those specific terms and shall not unreasonably withhold consent to 1 - - - - -- - -- -- appropriate changes in the terms of this Agreement. Fonnatted: Bullets and Numbering Formatted I i. Developer shall be responsible for all on site drainage well as for • Deleted: a any affects that their actions may have on adjoining propert Deleted: thei Specifically, Develo r shall maintain existing drainage tiles on site, Deleted: <# >De`'e`°per shall Pe g demonstrate and maintain compliance and shall be responsible for any and all drainage problems related to with the 1991 wetland Conservation Aet.t either the site drainage tiles or problems with on -site drainage • facilities to be constructed in accordance with this agreement and ( Formattee' Buis and Numbering Plat approval. I k. Developer agrees that while pueens Avenue is being graded, an • (Formatted: Bullets and Numbering J I independent testing firm shall test the street section in fill areas so as ( the development site to certify that the contractor is achieving 95% of the standard ( Forrrratted moisture density relationship of soils except the top three (3) feet of the street section, which shall be compacted to 100% density. The Otsego City Engineer shall receive a copy of the test. I 25. Separability. In case any one or more of the provisions contained in this • ( Formatted: Bullets and Numbering j Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and any other application thereof shall not in any way be affected or ( Formatte Bul lets and Numbering impaired thereby. Deleted: LE while the security provided pursuant to Paragraph 7 of this I 26. Violation of Agreement. ) ntentionallvOmitted. • Agreement is outstanding, a violation of any of the Covenants or agreements herein contained occurs and such I 27. Warranty. The Developer warrants all work required to be performed by • o notice within ereof from d ays after written notice thereof from it for the internal Grading Improvements against poor material and faulty City to the offending party, the City may draw upon the Developer's security and workmanship for a period of one (1) year after its completion and apply the amount so drawn to pay for said I acceptance by the City. The amount of posted warranty security for the Escrow Items to the extent of surety so provided pursuant to Paragraph 7 herein: Intemal,Gradingintprovements to be posted by the Developer shall be in the and to pay for Petition Items, to the extent surety amount of $ 45,000.00. The amount has been determined by the City as to provide " the C;� pursuant Engineer and is based upon the costs of the raw materials and labor which to all terms of Pangmph 7 of this would be necessary to correct the most common deficiencies in such public improvements. The warranty obligation as set forth above is not an additional wrntatta Bu 9ets and Numbering - - - - tt - - - - - - - - - - -- - - - - - - - -- - letter of credit that must be posted with the security required at time of Deleted: public Deleted: i 18 execution of this Agreement, but is instead a separate obligation that may be secured by the City retaining a portion of the original Letter of Credit or by Developer submitting a warranty letter of credit at such time as the Internal ,Grading improvements Are accepted. [Deleted: public � r — eaa: 28. Maintain Public Property Damaged or Cluttered During Construction. • ( Deleted: within the Plat Developer agrees to assume full financial responsibility for any damage ( Formatted: Bullets and Numbering which may occur to public property including, but not limited to, street, street sub -base, base, bituminous surface, curb, utility system including, but not limited to, watermain, sanitary sewer or storm sewer when said damage occurs as a result of construction activity which takes place during development of the Subject Property by Developer or its contractors, except for damage caused by City, its employees, agents or contractors. Developer further agrees to pay all costs required to repair the streets and/or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the Developer's construction that takes place on the lots within the Subject Property. In the event Developer is required to maintain or repair such damage and fails to maintain or repair the damaged public property referred to aforesaid within thirty (30) days after written notice from the City or such longer period as may be reasonably necessary, City may, upon notifying said party undertake making or causing it to be repaired or maintained. When City undertakes such repair, Developer shall Deleted: s reimburse City for all of its reasonable expenses within Shirty 30 days of ( : &Wren ) its billing to the respective party in which repair was required. If Developer [Deleted: 14 fails to pay said bill within Shirty ( 0) days, the security shall be responsible (, Deleted: fourteen for reimbursing City therefor. Deleted: 14 29. City Improvement of Queens Avenue. In reliance upon Developer's • (Formatted: Byers and Numbering platting of the Subject ,Property and making grading improvements as well Deleted: p as the Assessment obligation made in this Agreement, the City agrees to bid out, approve and make all good faith efforts to substantially complete construction and improvements of the Petition Items for the water main, sanitary sewer and street work to service Developer's building 1 shall be completed and operational on or before December 31, 2006 and the remaining Petition Items shall be completed on or before December 31, _ 2007 The Petition Items will proceed following required statutory and Dew: to Queens Avenue from 6O municipal procedures for an assessment project. The City may, if Street to 70 Street Deleted: project. Otsego City Project necessary, commence eminent domain proceedings to procure certain No. 2006 -_ easements necessary for the project. The City is bound by statutory timelines to obtain the easements through eminent domain but will make all good faith efforts to timely procure the easements, or cause construction of all portions of the project outside of the easements in accordance with the project schedule. The City will construct Queens Avenue including 19 roadway, trails, landscaping. storm sewer, sanitary sewer (lateral and trunk) and water improvements (lateral and trunk) as a City project proposed to be finished ,as set forth above. Developer shall be assessed 20% of the cost of ( Deleted: N 2007 the City ,Improvements (which includes roadway, trail and storm sewer ( Deleted: road improvements) as set forth in this Agreement. Developer shall pay 100 % of Formatted the actual cost of sanitary sewer and water improvements, estimated to be $682,000.00 located beneath Queens Avenue from 701" Street Southward to (Formatted 60`" Street NE „Developer will grade the road bed for Queens Avenue prior Formatted to construction. The City will reimburse Developer for this grading by ( Formatted providing a credit against Developer's obligation to pay 100% of the cost of (Deleted: sanitary sewer and water as set forth above. The credit is $150,000.00. ( Form Therefore, Developer's estimated obligation and Letter of Credit for this Deleted: estimated to be in the amount obligation is estimated to be $532,000.00. The City will periodically bill orsn the City but e e r n� based based obli g h' P Y upon the c�cr E�v�� g actual Developer for these costs as pay requests for the Project are brought detamioationofvalue but not to =cad forward. Upon receipt of each pay request, the City Engineer shall • apportion out Developer's proportionate share of that request and present that amount to the Developer for payment with the City paying any remainder. All such pay requests to the Developer shall be paid within thirty (30) days of receipt. In the event that Developer does not make payment the City may draw down the Letter of Credit as established in this Agreement. 30. Water Tower Site. Developer shall convey to the City for payment of • ( Formatted: Bullets and Numbering $100,000.00 ( "Outlot E Price")„, Outlot E for purposes of constructing a City water tower on that site. Prior to the conveyance,. Developer shall have graded the site to an elevation of approximately 952 feet and to the Deleted: 925 satisfaction of the City Engineer. The City shall pay the Outlot E Price to Developer upon completion of the grading, approval of the Plat. and receipt o f a deed from Developer. 3 I . SAC and WAC Fees for Individual Lots. If Developer proceeds to • ( Formatted: Bullets and Numbering construct industrial buildings upon Outlot F of the Plat in compliance with the City's I -2 zoning district, substantially in accordance with the JUD ( Deleted: Concept Plan submitted to and approved by the City, and with office space no more than the 15% of the total Ieasable space for each building the City agrees to calculate SAC and WAC fees based upon the actual water usage of the ( Delved: actual buildings proposed rather than by utilizing current Metropolitan Council standards for calculating hookup fees. It is the intent of this Agreement that Developer be provided a benefit between the hookup fees based upon actual water usage versus Metropolitan Council standard calculations. It shall be Developer's responsibility to provide the City with relevant information on water usage of buildings to be built by Developer in order to provide a basis similar for City SAC and WAC calculations. The City shall provide Developer 20 with the actual calculations of the City SAC and WAC calculations for such building(s) based on Brooklyn Park's water use. An example of such SAC and WAC calculation for Developer's proposed building 1 is as follows: In the event that Developer ,submits plans for buildings which do not tweed: brings forward comply with the 15% limit on leased office space, the SAC and WAC charges shall be adjusted by the City and at its sole discretion but in compliance to the extent possible with the intent of this paragraph. If the buildings is D eleted: brought forth ubm fitted by Developer are totally out of compliance with the � approved yuD, the City shall have no obligation to comply with calculating ( Concept Plan ) SAC and WAC fees based upon actual use. SAC and WAC fees will be established at the time of fmal platting or upon juilding and ,site approval Delete for such building and shall be contained in a separate development De!: S ___ 4greement property owners and the City. No Certificate of Deleted: A Occupancy shall be issued until such time as SAC and WAC fees for each ( Deleted: 8 building are paid. Any residential development on Outlot D or any other portion of the Plat shall be charged SAC and WAC fees in accordance with said fees in place at the time of actual development of the property. Said fees shall be contained in a separate gevelopment agreement for the residential site. : D -- ------------------ Deleted: Contract 33. Tax Abatement Applications. Developer has acquired two adjacent parcels of property to its original site for incorporation into the Plat. I Developer has paid,$2,000.000 for said properties. Pursuant to it's initial Deleted: $ — Agreement with Developer, the City will receive application from Deleted: A Developer for tax abatements in the amount of the difference between actual payment for said , outlots of at least 1.5 million and up to 2 million L: parcels dollars. The City agrees to receive and process the application and if Developer complies with all applicable requirements to receive tax I abatement the City will approve such tax abatement in an amount equal to Deleted: $500,000 and over a period of ( ) years. Deleted: time tobe determined bythe City but in accordance with the intent of this Agreement and in compliance with 34. Non - Assignment Without Consent. The obligations of the Developer limits statutory requirements and under this Agreement may be assigned b the Develo a if the Assi ent is P� Y i� Y Develop et � s Deleted approved by the City. However, the Developei, shall not be released from their obligations Deleted: s ations under this Agreement w ithout the express written consent of — --- g A . P Deleted: contract the City Council through Council resolution. 21 • 35. Subordination. The Agreement contains obligations of the City to construct certain improvements to Queens Avenue and to assess or charge related costs to the Developer and other benefited properties. In order to meet these obligations the City will have to bond for funding. Collection of all assessments is crucial for the City to pay the debt service for the bond. This Agreement must be recorded against the property contained within the Plat and all other liens, interests or mortgages shall be subordinate to the terms and conditions of this Agreement and said Agreement shall not be subject to foreclosure by any other lien, interest or mortgage. The Plat shall not be released by the City until a Subordination Agreement in form approved by the City has been executed by any such lien or mortgage holder and recorded with the Plat. 36.1iotices. Required notices to the Developer shall be in writing, and shall be ( Formatted either hand delivered to the Developer, .or mailed to the Developer by Deleted: its employees or esents, registered mail or sent by overnight delivery at the following address: puke : Realty Limited Partnership, c/o Duke Realty Corporation, Attn.: Patrick E. Mascia, 1600 Utica Avenue South, Suite 250. St. Louis Park, MN 55416 with a copy to Ann Colussi Dee. Esq., Duke Realty Corporation, 6133 North River Road, Suite 200. Rosemont, IL 60018. Notice to the City shall be in writing and shall be either hand delivered to the City Clerk or Deputy City Clerk or mailed by registered mail or sent by overnight delivery at the following address: City of Otsego, City Hall, 8899 Nashua Avenue NE, Otsego, MN 55330, Attention: City Clerk. 37. Agreement Effect. This Agreement shall be binding and extend to the respective representatives, heirs, successors and assigns of the parties hereto. 38. Amendment. This Agreement shall be amended only by addendum executed by both parties to the Agreement. CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk 22 DUKE REALTY LIMITED PARTNERSHIP DUKE REALTY LIMITED PARTNERSHIP, an Indiana limited partnership By: Duke Realty Corporation, its General Partner By: Patrick E. Mascia Senior Vice President ( Deleted: 1 1 Its 23 STATE OF MINNESOTA ) COUNTY OF WRIGHT ) ss. CITY OF OTSEGO ) On this day of , 2006, before me personally appeared Larry Fournier and Judy Hudson to me known to be the persons described in the foregoing instrument and who did say they are, respectively, the Mayor and City Clerk of the municipal corporation named therein and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Larry Fournier and Judy Hudson acknowledged said instrument to be the free act and deed of said municipal corporation. NOTARY PUBLIC STATE OF MINNESOTA ) COUNTY OF WRIGHT ) ss. CITY OF OTSEGO ) On this day of , 2006, before me personally appeared , to me known to be the person described in the foregoing 1 . instrument and who did say s/he is the of Duk Realty Corporation, the general partner of Duke Realty Limited Partnership, and that said instrument was signed on behalf of Duke Realty Limited Partnership with authority and on behalf of the partnership and said acknowledged said instrument to be the free act and deed of said entity. NOTARY PUBLIC . DRAFTED BY: Couri, MacArthur & Ruppe, P.L.L.P. P.O. Box 369 705 Central Avenue East St. Michael, MN 55376 (763) 497-1930 e:keal estate\ntinn industrial\gateway north\development \development agreemeat.doc 6/27/2006 3:47 Phi, ( Deleted: 6/27/2006 2:56 PM ) 24 EXHIBIT A Legal Description of GATEWAY NORTH. • 25 EXHIBIT B All public improvements to Queens Avenue, Otsego, Wright County, Minnesota including, but not limited to, pavement, trails, sidewalks, storm water improvements as set forth in the City approved Development Plans for Otsego City Project No. 2006 -_ as prepared by the Otsego City Engineer Hakanson Anderson Associates, Inc. and as approved by the Otsego City Council. 26 Page 5: [1] Deleted Suzy Cole 6/19/2006 4:17 PM Developer herein agrees that it will actually pay (or cause to be paid) sufficient amounts of said Assessments each year, if not already paid in prior years, for properties lying within the plat of the Subject Property (Outlot F), and that it is their responsibility to enable City to pay the required debt service payment when due. To determine the actual amount, as opposed to the estimated amount, to be paid by Developer, the Assessment amounts shall be added to the interest amounts, for the subject improvement project, as shown on the tax statements for lands contained within Outlot F (including subsequently approved outlots, except any outlot on the Plat dedicated for drainage and utility purposes) lying within the Subject Property, less credit for prepayments made therefor. Any deficiencies in the amount paid by Developer for Assessments causing a shortage of funds with which City may timely pay the required debt service payment shall be supplemented with funds withdrawn by City from the Developer's approved letters of credit, or other surety furnished to City as the case may be. Any of said surety or guaranty of funds referred to herein that are withdrawn will be used by City for payment of its herein - referred debt service payment when due. Upon Developer paying the delinquent Assessments, City will repay to the appropriate surety, to the extent that the delinquent Assessments have been paid, the surety monies withdrawn, less any costs incurred by City in conjunction with the said delinquent Assessments. Page 5: [21 Deleted Suzy Cole 6/19/2006 4:18 PM Developer, unless the new purchaser has submitted its own sureties as allowed, however, shall maintain the sureties required under Section 7 hereof for the purpose of guaranteeing City cash flow in the event the Assessments are not timely paid. At such time as a lot, except any lot within the Phase I Plat, has been developed with a building or buildings to • which a Certificate of Occupancy has been issued, or one year's installment of pro-rated assessments on such a lot have been paid in full, Developer, (or in the case of a new Developer), shall be released for that lot, from the security requirement in Section 7 hereof. Said release shall be made pursuant to Section 7(D) hereof. If only a portion of the Subject Property subject to said Assessments is transferred, the new purchaser may assume the special assessments attributable only to that portion which is being sold or transferred subject to Developer maintaining the surety required in Section 7 of this Agreement until such time as a building is constructed thereon and the Certificate of Occupancy issued therefor or the surety is released as provided in Section 7(D) of this Agreement. In the event the Developer wishes to convey a lot(s) which are subject to Assessments and to receive certification that the assessments therefor have been fully paid, prior to completion of City Project No. 2006- the assessment therefor, said party shall provide City a cash surety deposit in amount equal to one hundred percent (100 %) of the estimated Assessments for lots or the lots that the party seeks to convey. The said surety deposit made by the Developer for the Petition Items shall be retained in full until the final project costs and results of said assessments are determined. The City, upon receipt of said payment for a particular lot or lots shall then, upon request, certify within any special assessment search relating to said lot(s) that such lot(s) have been fully assessed for said Project, pursuant to this Agreement, and that no further Assessments will be made to said lot(s) for the improvements comprehended or being constructed under Project No. 2006 -_. After determination of the final cost of the project is assessed, the assessment to the extent same is not part of the Assessments, shall be paid out of the said surety deposit and any overage paid by the Developer will be returned; if there should be any shortage in the amount paid, the Developer shall immediately pay the City the difference between the amount previously paid and the amount of the assessments for the particular lot(s). Payment shall be made within thirty (30) days of the billing of the Developer. The City may draw upon any surety deposit made by the Developer if the Developer fails to pay the billed amount within thirty (30) days of said bill. Page 8: [3] Deleted Suzy Cole 6/19/2006 4:29 PM C.Surety Deficiency. In the event that the respective sureties are ever utilized and found to be deficient in amount to pay or reimburse the City in total on the Developer's parcels, as the case may be, Developer agrees that upon being notified by the City of such deficiency, the Developer will pay the said deficient amount or provide additional surety within fourteen (14) days of the mailing of said billings. If there should be an overage in the amount of utilized security City will, upon making said determination, refund to the Developer any monies or surety which City has in its possession, which are in excess of the surety needed. D.Surety Reduction and Relative Release. Surety posted by Developer may be reduced from time to time under the following circumstances: (1) When other acceptable sureties are furnished to the City to replace prior sureties, such as the sale of a lot to a new Developer, wherein the new Developer becomes a party to the this Agreement by being a successor in interest to Developer, and the new Developer provides City with an acceptable surety based upon a prorata (per square foot) basis. (2) When, upon closing of sale of any lot to a new Developer, payment of one year's installment of special assessment on a prorata (per square foot) basis to City is made. (3) When a building is completed on any lot within Subject Property, except the Phase I Plat, and one year's of installment of special assessments on a prorata (per square foot) basis has been paid to City, and a Certificate of Occupancy is issued for that building, the surety shall be released by the City on a prorata (per square foot) basis of the assessments. E.Reduction Limit. No reduction shall be made which would result in the surety held being less than ten percent (10 %) of the original surety amount for the Petition Items until the final costs are known and assessed. F.Draw on Expiring Letter of Credit. In the event a surety or other form of guarantee referred to herein is in the form of an irrevocable letter of credit, which by its terms will become null and void prior to the time at which all money or obligation of Developer, is paid or completed, it is agreed that Developer shall provide City with a new letter of credit or other surety, acceptable to City, at least thirty (30) days prior to the expiration of the said expiring Letter of Credit. If a new Letter of Credit is not received as required above, City may declare a default in the terms of this Agreement and thence draw in part or in total, at City's discretion, upon the expiring Letter of Credit to avoid the loss of surety for the continued obligation. G.Single Letter of Credit. Developer may elect to provide all sureties required by this Agreement (except for escrow and cash requirements) by providing a single Letter of Credit. Street Light Construction • ITEM 9_2 Gregory A. Kramber t ?f , Wright County Assessor ` Wright County Government Center ,, 10 2nd Street NW, Room 240 Buffalo, MN 55313 -1183 ., —, Phone: (763) 682 -7367 / (763) 682 -7368 1 (800) 362 -3667 FAX: (763) 684 -4553 www. co. wright. mn. us June 27, 2006 • Michael Robertson • City of Otsego 8899 Nashua Ave. NE Otsego, MN 55330 RE: 2008 and 2009 Assessment Contracts Dear Mr. Robertson: I appreciate your consideration in contracting with the Wright County Assessor's Office for your 2008 and 2009 assessment services. We take a great deal of pride and do everything possible to provide a fair and equitable assessment for the taxpayers of Wright County. I do understand the budget constraints that the cities are experiencing because of cuts in state aid, inflation, etc. Therefore, I am proposing the same contract rates that were used for the 2005, 2006 and 2007 assessments for the proposed contract with the City of Otsego for the 2008 and 2009 assessment. The Wright County Assessor's Office currently provides the assessment services for the cities of Albertville, Annandale, Buffalo, Cokato, Dayton, Hanover, Monticello, Rockford, South Haven, and Waverly. We also provide the assessment services for the townships of Buffalo, Clearwater, Franklin, Maple Lake, and Monticello. Please feel free to contact any one of these taxing districts for references. Please find attached the 2008 and 2009 assessment contract for your approval. If you have any questions or concerns, please contact me at your convenience. I may be reached by e-mail at eg.kramber @co.wright.mn.us or by telephone at (763) 682 -7365 or 1- 800 - 362 -3667 ext. 7365. 1 rel, a,___ ,. ......, 1 egory A. Kramber Wright County Assessor ASSESSMENT SERVICES AGREEMENT THIS AGREEMENT, made and entered into by and between the County of Wright, a political subdivision of the State of Minnesota, hereinafter referred to as the "County" and the City of Otsego a political subdivision of the State of Minnesota, hereinafter referred to as "City/Township "; WHEREAS, said City/Township lies either wholly or partially within the County and constitutes a separate assessment district; and WHEREAS, under such circumstances the provision of the Minnesota Statutes, Sections 273.072 and 471.59 permit the County Assessor to provide for the assessment of property; and WHEREAS, said City/Township desires the County to perform certain assessments on behalf of said City/Township; and WHEREAS, the County is willing to cooperate with said City/Township by completing the assessment in a proper manner; NOW,-THEREFORE, in consideration of the mutual covenants contained herein it is agreed as follows: 1. The County shall perform the 2008 and 2009 property assessment for the City/Township in accordance with the property assessment procedures and practices established and observed by the County, the validity and reasonableness of which are hereby acknowledged and approved by the City/Township. The property assessment by the County shall be composed of those assessment services which are set forth in Exhibit A, attached hereto and made a part hereof by reference. 2. All information, records, data, reports, and the like that are necessary to allow the County to carry out its responsibilities under this Agreement shall be furnished to the County without charge by the City/Township and the City/Township agrees to cooperate in good faith with the County in carrying out the work under this Agreement. 3. The City/Township agrees to furnish, without charge, work space, if needed, • for an appraiser to perform such tasks as document review, with such tasks to be performed during normal business hours for the City/Township. 4. The County agrees to indemnify and hold harmless the City/Township and all of its agents and employees against any and all claims, demands, actions or causes of action arising out of or by reason of the performance of work provided for herein to be performed by the County. It is further agreed that any and all full time employees of the County engaged in the performance of any work or services required or provided for herein shall be considered employees of the County only and not of the City/Township and that any and all claims that may arise under the Workman's Compensation Act of the State of Minnesota and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees shall be the sole obligation and responsibility of the County. 5. This Agreement shall commence on January 2, 2007 and shall terminate on June 30, 2009. Either party may initiate an extension of this Agreement for a term of two years by giving the other party written notice of its intent to so extend no less than 120 days prior to the termination of this Agreement. If the party who receives said notice of intent to extend gives written notice to the other party of its desire not to extend the Agreement at least 60 days prior to the termination of this Agreement, this Agreement shall terminate on June 30, 2009. 6. In consideration of said assessment services, the City/Township agrees to pay the County a fee of $10.50 per parcel for the 2006 and 2007 assessment. In addition, there will be an additional fee of $25.00 for each new construction residential or commercial/industrial building permit with an estimated construction cost of $499,999.00 or less. There will also be an additional fee of $100.00 per parcel for each new construction commerciallindustrial building permit with an estimated construction cost of $500,000.00 or more. These additional fees shall be only applicable in those cities which issue their own building permits. 7. Any notice which may be given or made by a party hereto under the terms of this Agreement shall be in writing and shall be sent by United States Mail or personally delivered to the other party addressed as follows: To City: City of Otsego 8899 Nashua Ave. NE Otsego, MN 55330 To County: Gregory A. Kramber, Wright County Assessor Wright County Government Center 10 2 "d St. NW, Room 240 Buffalo, MN 55313 8. The Agreement may be amended or modified only by written agreement signed by authorized representatives of the parties hereto. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its duly authorized o f f i c e r s and delivered on its behalf, this C day of -. J 1 , 2006. ' GHT OUNTY Dated: 7 - S" - 04. By .� regory A. Kramber Wright County Assessor City of Otsego Dated: By Dated: By • iro. GLORIA J. GOOLER : r NOTARY PUBUC- MINNESOTA ' ^ My Con n. Expires Ja . 31, 2010 Page 1 of 1 ITEM 10.1 Mike Robertson From: "Virginia Goughnour" <veigee@yahoo.com> To: "Mike Robertson" <mike @ci.otsego.mn.us> Sent: Tuesday, June 13, 2006 9:29 AM Subject: Park and Rec Mike, I am writing to intorm you that I will no longer be eligible to serve on the Park and Rec Commission for the City of Otsego. I am selling my townhouse and have moved closer to my new job in Minneapolis. I would like to thank you and the city for the opportunity to serve the community. I have enjoyed the meetings and events, being a part of the Commission was a lot of fun! Thanks again. Sincerely, Virginia Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http: / /mail.yahoo.com • •