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04-11-05 CC ITEM 4 -1 CITY OF OTSEGO REVIEW OF FINANCIAL POSITION AND RESULTS OF OPERATIONS YEAR ENDED DECEMBER 31, 2004 General Fund The City accounts for the general government services provided to the citizens through the General Fund. These services include public safety, public works, parks and recreation, and general government. The services are financed primarily through the general property taxes and state aids. The fund balance is the balance of assets remaining at year end to finance future year's operations and provide cash flow throughout the year. The Office of State Auditor has suggested that a fund balance of approximately 45 - 50% of the subsequent year's budget should be maintained from year to year. This fund balance amount should be sufficient for cash flow purposes and to absorb unexpected revenue shortfalls or unexpected expenditures that were not budgeted. The General Fund expenditures budget for 2004 totaled $1,954,332 and the actual expenditures totaled $1,968,563, which is a variance of only $14,231. A summary of some of the departments is as follows: Department Budget Actual City Council $58,992 $38,665 Administration 289,365 272,632 Elections 11,000 6,529 Assessing 49,734 50,177 Engineer 45,000 58,983 Planner 55,000 58,514 Finance 88,807 74,369 Economic Development 14,000 9,547 General Government Buildings 76,930 101,768 Police Contract 465,580 455,454 Animal Control 2,750 3,692 Street Department 545,099 577,267 Street Lighting 35,000 39,521 Recycling /Clean up Day 13,000 15,632 Park Maintenance 15,000 36,912 Park Commission 13,775 9,623 Transfer for Capital Equipment 130,000 130,000 Page Two The General Fund revenues budget for 2004 totaled $1,760,527. The budgeted revenue does not include $67,000 from the 2003 fund balance used to supplement the additional contracted police services in 2004. The actual revenues exceeded the budget by $329,249. Three revenue sources account for the most significant part of the positive revenue variance. They are: 1) $180,158 for administrative fees, 2) $43,200 collected for street light operations from developers, and 3) $38,920 for street, curb and sidewalk fees. The fund balance at December 31, 2003 totaled $945,988, of which $67,000 was designated for an increase in the 2004 police budget. The 2004 actual revenues totaled $2,089,775 and the actual expenditures totaled $1,968,563. The resulting fund balance at December 31, 2004 is $1,067,200. This fund balance is 49% of the 2005 budgeted expenditures. To maintain a fund balance of 45% would require a transfer of $81,893. Special Revenue Funds Special Revenue Funds account for specific revenues set aside to finance specific expenditures. The accounts include monies for fire districts, park development, equipment and future public improvements. The fund balances of these accounts at year- end (2004 and 2003) are as follows: Fund Name 12/31/04 12/31/03 Park Development 2,196,289 551,905 Insurance Reserve 34,535 31,473 Fire Districts Elk River 337,425 231,292 Albertville 3,479 3,938 Rogers 12,106 8,061 Monticello 3,079 88 Community Center Fund 408,553 - Capital Equipment 75,525 (8,552) By Council action on March 14, 2005 $848,120 from the Park Development Fund will be used for the purchase of land for the public works site in April, 2005. Debt Service Funds Debt Service Funds are used to accumulate the resources from WAC and SAC fees, special assessments and property taxes for the retirement of outstanding bonds and interest. The funds include amounts for the payment of the Water and Sewer plant additions, Street Overlay projects, etc. Page Three The following debt service fund and related outstanding debt information is summarized as follows: Fund Name 12/31/04 Related Bonds East Sewer — Phase I $1,117,771 - 1999 Street Overlay 55,695 460,000 Waterfront West & 85 Street 980,791 4,970,000 Quaday — 2004 13,045 1,675,000 West Water and Sewer 5,158,013 10,970,000 Approximately $3.3 to 3.6 million from the West Water and Sewer will be used to pay the balance of the construction costs for the West side Water and Sewer infrastructure. The monies in this debt service fund are collections of WAC and SAC fees collected from West side development. The use of this money is included in the fiscal advisors cash flow analysis of the pending bond issue and cash flow for the East side expansion. The balance of monies in the East Phase I debt service fund are also used in the fiscal advisors debt service analysis. The 1999 Overlay bonds are paid from a combination of property taxes and assessments against benefiting properties. The City's obligation is estimated at $55,000 per year over the life of the bond issue. Quaday — 2004 is a project for which bonds were sold in 2004. The project has not started and this debt service fund will require further analysis to determine the source of funds to be used to pay the bonds and interest as they start to come due in 2005. Capital Projects Funds Capital Projects Funds are used to account for the various projects of the City which are financed primarily from bonds issued. Other Capital Projects are reserve amounts to be used for future projects. A description of each of the major projects in process and the status of each is as follows: The MSA Construction Fund is used to account for projects financed internally by the City. The source of these monies was MSA Construction monies received in relation to the 85 street project. The fund balance of this fund is $868,104 and is committed to financing the City's share of the Maclver Project. During 2004 approximately $500,000 was transferred to finance construction costs in excess of the street access fess collected by developers for the project. Additional fees will be collected but the City's share of this project may total $1.5 Million. It is expected the project will use all the resources of this MSA Construction Fund. Page Four Watershed Districts are all accounted for as separate funds. There are separate funds for the North Mississippi, Lefebvre, Hall's Pond, Otsego Creek and South Mississippi watersheds. The fund balance of each is as follows: Fund Name 12/31/04 12/31/03 North Mississippi (151,014) (161,361) Lefebvre 15,256 146,770 Hall's Pond (86,407) (86,407) Otsego Creek 1,137,739 158,311 The Revolving Capital Improvements Fund has a fund balance of $1,872,280. This money is available to finance the City's share of capital improvements or to finance smaller special assessment projects. The accumulation of these resources comes from many sources and does include amounts transferred from the Building Inspections Fund annually. The Quaday Improvement Project has $1,468,987 as a fund balance at year -end. This is the bond proceeds for the 2004 project which will begin in 2005. The project includes monies from the state MSA Construction account and these bond proceeds. The bonds will be repaid from the collection of special assessments and other revenue sources. The West Water and Sewer Project was financed from bond proceeds of the 2003B bond issue. The actual project costs are approximately $3.3 to 3.5 million more than the estimated project costs in the bond issue. These costs will be financed from WAC and SAC fees already collected on the West side. The other alternative would have been to issue another supplemental bond issue to cover these costs. The City's financial advisor has reviewed this option and suggested the use of WAC and SAC fees already collected was a better alternative. This issue has also been addressed in cash flow analysis work completed by the financial advisor. Enterprise Funds The Enterprise Funds include the operation of the Water and Sewer Funds. Both operations started with the East side development when bonds were issued in 1998 and 1999. Water Fund The Water Fund has a cash balance of $4,535 at year -end. The water fund financed the costs of Well #6 in 2004 which cost $277,634. The financing of the Well #6 project in 2004 reduced the cash balance by $189,000. Water Fund revenues totaled $223,382 in 2004. User rates are evaluated on an annual basis to determine that they are sufficient to cover the cost of operations. People's Service provides these services to the City. Page Five Sewer Fund The Sewer Fund has a cash balance deficit of $112,585 at year -end. The City incurred approximately $85,000 in costs for hauling wastewater from the West side to the East side prior to the start of operations of the West plant. This cost accounts for the decrease in the cash balance in the Sewer Fund during 2004. Charges for services increased from $189,705 in 2003 to $246,628 in 2004. People's Services also provides these services to the city. A report on the future operating revenues and expenses of the Sewer Fund will be completed this fall. Overall The City's cash and investment portfolio totals $15,263,000 at year -end. Of this amount $14,060,000 was invested in certificates of deposit and other authorized investments and $61,900 was in the checking account. The City earned over $265,000 in interest on available funds during 2004 despite low interest rates. Interest rates have increased to over 3 percent recently. The year -end cash and investment balances of the City recapped by fund type are as follows: General $1,183,588 Special Revenue Funds 3,141,928 Debt Service 7,319,604 Capital Projects 1,992,075 Enterprise Funds (108,050) Escrow Funds 1,734,372 Total $15,263,517 ITEM 5_1 CLAIMS LIST CITY COUNCIL MEETING APRIL 11, 2005 TO: Judy Hudson Attached is the Claims List for the City Council. For more details, please refer to the Check Detail Registers. If you have any questions regarding this service, please let me know. Claims Register 03 -31 -2005 $ 12,960.83 04 -06 -2005 $ 234,552.66 VOIDED CHECK $ - 1,352.00 PAYROLL 03 -30 -2005 $ 28,749.52 GRAND TOTAL $ 274,911.01 If you have any questions or if you would like to review this list further, please let me know. Kathy Grover Bookkeeper CITY OF OTSEGO 03/31/05 2:50 PM Page 1 *Check Summary Register() MARCH 2005 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid BANYON DATA SYSTEMS, INC. $1,104.18 ANNUAL SUPPORT UnPaid BARB WILLIAMS $321.70 MILEAGE /SCHOOL/SEMINARS UnPaid CAROL OLSON $188.50 3/16 & 17 14.50 HRS UnPaid CHARTER COMMUNICATIONS $100.01 MONTHLY FEE UnPaid CITY OF MONTICELLO $116.00 FEB ANIMAL CONTROL UnPaid EARL F ANDERSON INC $4,157.75 KITTREDGE CROSSING STREET SIGNS UnPaid ECM PUBLISHERS INC $46.20 ASSESSMENT NOTICE UnPaid ICMA RETIREMENT TRUST $537.31 PPE 3/26 CK DTD 3/30/05 UnPaid JERRY OLSON $2,450.00 3/8 - 3/24 70 HRS WORKED UnPaid KATHY GROVER $52.65 MILEAGE /SEMINARS UnPaid MENARDS $1,086.24 REFRIG /SNOWTHROWER KURT UnPaid NORTHERN TOOL & EQUIPMEN $29.80 TUBE MOUNT JACK UnPaid PUBLIC EMPLOYEES RETIREME $2,710.83 PPE 3/26 CK DTD 3/30/05 UnPaid TROPHIES PLUS $59.66 NAME PLATES Total Checks $12,960.83 • FILTER: None CITY OF OTSEGO 03/31/05 2:50 PM Page 1 *Check Detail Register© MARCH 2005 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid BANYON DATA SYSTEMS, INC. E 101 -41600 -390 Contracted Services $1,104.18 12468 ANNUAL SUPPORT Total BANYON DATA SYSTEMS, INC. $1,104.18 Unpaid BARB WILLIAMS E 250 - 42410 -360 Education/Training /Conferences $162.75 BOOKS E 250 - 42410 -321 Mileage/Travel $143.95 MILEAGE /SCHOOUSEMINARS E 250 - 42410 -355 Dues & Memberships $15.00 MN BLDG TECH ASSOC Total BARB WILLIAMS $321.70 Unpaid CAROL OLSON E 101 - 41400 -104 Part -time - Employees Regular $188.50 3/16 & 17 14.50 HRS Total CAROL OLSON $188.50 Unpaid CHARTER COMMUNICATIONS E 101- 41400 -390 Contracted Services $100.01 MONTHLY FEE Total CHARTER COMMUNICATIONS $100.01 .................... . Unpaid CITY OF MONTICELLO E 101 - 42710 -390 Contracted Services $116.00 7860 FEB ANIMAL CONTROL Total CITY OF MONTICELLO $116.00 Unpaid EARL F ANDERSON INC R 101 -34301 Street, Sidewalk and Curb Fees $1,206.79 64824 ARBOR CRK 2 R 101 -34301 Street, Sidewalk and Curb Fees $2,950.96 64912 KITTREDGE CROSSING STREET SIGN Total EARL F ANDERSON INC $4,157.75 Unpaid ECM PUBLISHERS INC E 101 - 41400 -350 Print/Binding (GENERAL) $46.20 186706 ASSESSMENT NOTICE Total ECM PUBLISHERS INC $46.20 Unpaid ICMA RETIREMENT TRUST G 101 -21705 Other Retirement $345.00 PPE 3/26 CK DTD 3/30/05 E 101 -41400 -121 PERA $192.31 PPE 3/26 CK DTD 3/30/05 Total ICMA RETIREMENT TRUST $537.31 Unpaid JERRY OLSON E 250 -42410 -390 Contracted Services $2,450.00 3/8 - 3/24 70 HRS WORKED Total JERRY OLSON $2,450.00 Unpaid KATHY GROVER E 101 -41600 -310 Miscellaneous $52.65 MILEAGE /SEMINARS Total KATHY GROVER $52.65 Unpaid MENARDS E 430 - 43256 -530 Improvements Other Than Bldgs $1,086.24 45977 REFRIG /SNOWTHROWER KURT Total MENARDS $1,086.24 Unpaid NORTHERN TOOL &EQUIPMENT CO E 101 - 43100 -220 Repair /Maint Supply (GENERAL) $39.39 TUBE MOUNT JACK E 101 - 43100 -220 Repair /Maint Supply (GENERAL) ($9.59) RETURN Total NORTHERN TOOL & EQUIPMENT CO $29.80 Unpaid PUBLIC EMPLOYEES RETIREMENT FD E 101 -41550 -121 PERA $190.79 PPE 3/26 CK DTD 3/30/05 E 101- 41400 -121 PERA $264.98 PPE 3/26 CK DTD 3/30/05 E 101-43100-121 PERA $358.29 PPE 3/26 CK DTD 3/30/05 CITY OF OTSEGO 03/31/05 2:50 PM Page 2 *Check Detail Register@ MARCH 2005 Check Amt I nvoice Comment G 101 -21704 PERA $1,300.59 PPE 3/26 CK DTD 3/30/05 E 250 - 42410 -121 PERA $454.92 PPE 3/26 CK DTD 3/30/05 E 101 - 41600 -121 PERA $141.26 PPE 3/26 CK DTD 3/30/05 Total PUBLIC EMPLOYEES RETIREMENT FD $2,710.83 Unpaid TROPHIES PLUS E 101 - 41400 -310 Miscellaneous $59.66 NAME PLATES Total TROPHIES PLUS $59.66 10100 BANK OF ELK RIVER $12,960.83 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $8,647.97 250 BUILDING PERMIT FEES $3,226.62 430 West Trtmnt Plant -Phase 1 $1,086.24 $12,960.83 CITY OF OTSEGO 04/06/05 9:35 AM Page 1 *Check Summary Register© . APRIL 2005 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid BOISE CASCADE OFFICE PROD $433.03 OFFICE SUPPLIES UnPaid BUFFALO BITUMINOUS $1,352.00 70TH STREET DUST COATING UnPaid DAIMLERCHRYSLER SERVICES $27,728.97 CONT #100 - 0057792 -000 LP UnPaid DEHNS 4 SEASONS $84.93 SAFETY HELMET & CHAINS UnPaid DIVERSIFIED METAL FABRICAT $2,564.00 PICNIC TABLES - LILY PK POND UnPaid DJ'S TOTAL HOME CENTER $61.79 SMALL TOOLS UnPaid ECM PUBLISHERS INC $484.03 PUBLIC NOTICE UnPaid FINKEN'S WATER CARE $82.04 MAINT SHOP UnPaid GLENS TRUCK CENTER INC $251.34 CHAINS & BINDERS UnPaid GRAINGER $299.64 OPERATING SUPPLIES UnPaid HAKANSON ANDERSON ASSOC $87,118.94 PRAIRIE CREEK 6TH ADDITION UnPaid LONG & SONS $860.29 JANITORIAL SERVICES UnPaid MINNEGASCO $11,815.25 CITY HALL UnPaid MINNESOTA COPY SYSTEMS $276.51 COPIER UnPaid MINNESOTA STATE TREASURE $8,903.96 1ST QRT 2005 BLDG PERMIT SURCHARGE UnPaid MN POLLUTION CONTROL $2,900.00 WWTP EAST ANNUAL PERMIT UnPaid NAPA OF ELK RIVER INC $97.91 OPERATING SUPPLIES UnPaid OSI ENVIRONMENTAL, INC $155.00 FILTERS, ANTIFREEZE UnPaid PREMIER HOME BUILDERS $272.75 REIMBURSE FEES UnPaid ' SCHARBER & SONS • $21.26 OPERATING SUPPLIES UnPaid SOFTRONICS $6,623.84 BLDG DEPT LABOR UnPaid ST JOSEPH EQUIPMENT INC $52.34 93 CASE TRACTOR UnPaid SWEEPER SERVICES $31,843.50 93 ELGIN PELICAN STREET SWEEPER UnPaid TIM ROCHEL $555.23 MILEAGE UnPaid TOSHIBA AMERICA INFO SYS IN $211.83 COPIER UnPaid WRIGHT COUNTY AUDITOR -TRE $46,476.67 SHERIFF PATROL - APRIL 2005 UnPaid WRIGHT COUNTY HIGHWAY DE $2,312.33 SALT UnPaid XEROX CORPORATION $713.28 COPIER Total Checks $234,552.66 FILTER: None CITY OF OTSEGO 04/06/05 9:35 AM Page 1 *Check Detail Register© APRIL 2005 Check Amt Invoice Comment 10100 BANK OF ELK RIVER • Unpaid BOISE CASCADE OFFICE PRODUCTS E 101 -41400 -201 Office Supplies $100.34 644073 'OFFICE SUPPLIES E 101 -41600 -201 Office Supplies $190.03 814442 OFFICE SUPPLIES E 250 - 42410 -201 Office Supplies $14.87 814442 OFFICE SUPPLIES /BLDG E 250 - 42410 -201 Office Supplies $127.79 828510 OFFICE SUPPLIES /BLDG Total BOISE CASCADE OFFICE PRODUCTS $433.03 Unpaid BUFFALO BITUMINOUS G 701 -22369 DR H ZIMMER PROP $338.00 ZIMMER FARMS E 101- 43100 -436 Dustcoating $676.00 70TH STREET DUST COATING G 701 -22366 MARTIN FARMS $338.00 MARTIN FARMS Total BUFFALO BITUMINOUS $1,352.00 Un paid DAIMLERCHRYSLER SERVICES E 206 - 43100 -501 Equipment $27,728.97 1217265 CONT #100 - 0057792 -000 LP Total DAIMLERCHRYSLER SERVICES $27,728.97 Unpaid DEHNS 4 SEASONS E 101 -43100 -210 Operating Supplies (GENERAL) $84.93 48307 SAFETY HELMET & CHAINS • Total DEHNS 4 SEASONS $84.93 • Unpaid DIVERSIFIED METAL FABRICATORS E 203 -45210 -501 Equipment $2,564.00 11280 PICNIC TABLES - LILY PK POND Total DIVERSIFIED METAL FABRICATORS $2,564.00 Unpaid DJ'S TOTAL HOME CENTER E 250- 42410 -310 Miscellaneous $15.42 REPAIRS & MAINT E 101 -43100 -240 Small Tools and Minor Equip $46.37 SMALL TOOLS Total DJ'S TOTAL HOME CENTER $61.79 Unpaid ECM PUBLISHERS INC E 101 -41400 -350 Print/Binding (GENERAL) $99.00 187141 PUBLIC NOTICE E 101 -41400 -347 Newsletter $385.03 187383 THE VIEW Total ECM PUBLISHERS INC $484.03 Unpaid FINKEN'S WATER CARE E 101 -41940 -390 Contracted Services $71.92 CITY HALL E 101 -43100 -390 Contracted Services $10.12 MAINT SHOP Total FINKEN'S WATER CARE $82.04 Unpaid GLENS TRUCK CENTER INC E 101 -43100 -501 Equipment $251.34 104466 CHAINS & BINDERS Total GLENS TRUCK CENTER INC $251.34 Unpaid GRAINGER E 101 -43100 -210 Operating Supplies (GENERAL) $15.02 001- 293300 -8 OPERATING SUPPLIES E 250 -42410 -310 Miscellaneous $42.20 001 - 293300 -8 FIRST AID KITS E 101 - 43100 -210 Operating Supplies (GENERAL) $242.42 495 - 280768 -5 OPERATING SUPPLIES Total GRAINGER $299.64 Unpaid HAKANSON ANDERSON ASSOC INC E 101- 41400 -348 Maps $1,112.38 1112.38 GOPHER ONE CALL MAPS G 701 -22346 HOTEL/WATERPARK $100.71 13184 WATER PARK/HOTEL G 701 -22431 PLEASANT CRK 4TH $503.99 13185 PLEASANT CREEK FARMS 4TH ADDIT E 101 -41560 -302 Engineering Fees $864.30 13189 STAFF MEETING G 701 -22422 ROTTLUND HOMES $336.00 13191 ROTTLUND HOMES G 701 -22436 CRIMSON PONDS NORTH $50.00 13194 CRIMSON PONDS NORTH CITY OF OTSEGO 04/06/05 9:35 AM Page 2 *Check Detail Register© APRIL 2005 Check Amt Invoice Comment G 701 -22424 Hamlet Prop $50.00 13198 HAMLET PROPERTY E 101 -41560 -302 Engineering Fees $339.65 13199 KOLLES /MARY DARE LAND E 101 -41560 -302 Engineering Fees $396.46 13200 ALBERTVILLE /OTSEGO ISSUES G 701 -22434 Crimson Ponds West $335.75 13201 CRIMSON PONDS WEST G 701 -22349 ARBOR CREEK $857.51 13202 ARBOR CREEK G 701 -22324 RIVERPOINTE 3 $246.74 13203 RIVER POINTE 3RD ADDITION E 428 -49400 -302 Engineering Fees $286.25 13204 WEST OTSEGO WATER TOWER #1 E 499 -49400 -302 Engineering Fees $280.00 13205 CITY WELL HEAD PROTECTION G 701 -22353 PLFRM ORRIN THOMP $29.21 13206 PLEASANT CREEK FARMS G 701 -22380 RIVERPLACE 1ST $1,551.60 13208 RIVER PLACE 1 E 101 - 41560 -302 Engineering Fees $760.13 13209 MUNICIPAL STATE AID ADMIN G 701 -22371 PHEAST RIDGE 8 $29.21 13212 PHEASANT RIDGE 8TH ADDITION G 701 -21977 Stone Gate 2nd $1,115.82 13214 STONEGATE 2ND ADDITION G 701 -22356 KITTR CROSS PPRZ $1,162.77 13215 KITTREDGE CROSSING G 701 -22377 OTSEGO WEST PP $2,119.93 13218 OTSEGO PRESERVE G 701 -22384 FOREST HILLS $86.89 13220 FOREST HILLS G 701 -22374 KITTREDGE FINAL $91.91 13221 KITTREDGE 2N, 3RD & 4TH ADDITI G 701 -22408 Prairie Creek 6th $875.54 13224 PRAIRIE CREEK 6TH ADDITION G 701 -22393 THE VILLAGE CONCEPT PLAN $164.96 13225 REMINGTON COVES G 701 -22328 WATERFRONT EAST $282.15 13226 OTSEGO WATERFRONT EAST • G 701 -22387 ARBOR PLACE PPREZONE $64.96 13227 ARBOR PLACE G 701 -22394 DUERR PROP $1,562.50 13232 DUERR CREEK E 101 - 41560 -302 Engineering Fees $100.00 13233 EMMERICH /LEFEBVRE FARMS G 701 -22398 PRAIRIE OAKS $364.18 13234 PRAIRIE OAKS G 701 -22396 ARBOR CREEK 2ND $666.33 13235 ARBOR CREEK 2ND ADDITION G 701 -22397 SUNRAY FARMS 2ND $29.21 13236 SUNRAY FARMS 2ND ADDITION G 701 -22401 ZIMMERFARMS 3RD $423.84 13237 ZIMMER FARMS 3RD ADDITION G 701 -22406 KITCROSS 5/6 $787.13 13238 KITTREDGE CROSSING 5TH & 6TH A G 701 -22409 PLEASANT CRK 3RD $375.00 13239 PLEASANT CREEK 3RD ADDITION G 701 -22413 OTSEGO PRESERVE 11 $172.38 13240 OTSEGO PRES 2ND ADDITION G 701 -22419 ZIMMER 4TH $504.69 13242 ZIMMER FARMS 4TH ADDITION G 701 -22415 NORIN'S LANDING $1,990.71 13244 NORIN'S LANDING G 701 -22426 FIN PLAT ARBOR CRK 3 $2,130.11 13245 ARBOR CREEK 3RD ADDITION E 427 -43100 -302 Engineering Fees $1,853.33 13247 MACIVER AVE (80TH TO 60TH ST) E 250 - 42410 -311 Ping & Eng. - 101Traffic Study $710.76 13248 TRUNK HIGHWAY 101 G 701 -22361 SUN RAY FARMS $2,722.53 13249 SUNRAY FARMS ADDITION G 701 -22430 KITTREDGE CROSS 8 $721.26 13250 KITTREDGE CROSSING 8TH ADDITIO G 701 -22392 MISSISSIPPI COVE $50.00 13251 MISSISSIPPI COVE CONCEPT PLAN G 701 -22315 RIVERWOOD NATIONAL $12,953.06 13252 RIVERWOOD NATIONAL G 701 -22321 RIVERPOINTE 2ND $963.87 13253 RIVER POINTE 2ND ADDITION E 101 -41560 -302 Engineering Fees $386.51 13254 CITY MAP E 101 - 41560 -302 Engineering Fees $2,565.73 13255 ENGINEER'S MANUAL G 701 -22366 MARTIN FARMS $8,545.38 13257 MARTIN FARMS ADDITION G 701 -22325 101 MARKET $71.50 13258 NATHE E 101 -41560 -302 Engineering Fees $177.65 13258 CITYSCAPE G 701 -21949 Stone Gate Estates $572.00 13258 STONEGATE 1ST ADDITION E 414 - 43100 -302 Engineering Fees $4,689.15 13264 COMM FRONTAGE RD IMPROVEMENTS E 428 -49400 -302 Engineering Fees $4,142.32 13285 WEST OTSEGO PUMP HOUSE & PNEUM E 250 -42410 -311 Ping & Eng. - 101Traffic Study $456.60 13287 101 PROJECT - QUANTRELLE AVE E 426 -43100 -302 Engineering Fees $1,959.65 13288 QUADAY AVE /78TH ST TO CSAH 37 E 601 - 49400 -302 Engineering Fees $1,552.30 13289 OTSEGO WELL #6 G 701 -22370 KC TRUNK UTIL IMP $602.78 13290 KITTREDGE TRUNK WATER & SEWER G 701 -22369 DR H ZIMMER PROP $8,187.31 13291 ZIMMER FARMS ADDITION G 701 -22429 KITTREDGE CROSS 7 $416.82 13292 KITTREDGE CROSSING 7TH ADDITIO E 414 -43100 -302 Engineering Fees $953.75 13293 89TH ST & PARREL ST IMPROVEMEN E 101 -41560 -302 Engineering Fees $610.61 13294 MISC ENGINEERING E 250 - 42410 -311 'Ping & Eng. - 101Traffic Study $6,503.37 13296 101 PROJECT - QUAST AVE STUB CITY OF OTSEGO 04/06/05 9:35 AM Page 3 *Check Detail Register© APRIL 2005 Check Amt Invoice Comment E 430 -43256 -302 Engineering Fees $1,549.80 13300 WEST OTSEGO LIFT STATION El Total HAKANSON ANDERSON ASSOC INC $87,118.94 Unpaid LONG & SONS E 101 - 41940 -389 Cleaning Services $788.10 05 -131 JANITORIAL SERVICES E 101 - 41940 -203 Supplies - General $72.19 05 -131 MISC SUPPLIES Total LONG & SONS $860.29 Unpaid MINNEGASCO E 101 -41950 -322 Utilities $61.50 CITY HALL E 602 -49450 -322 Utilities $11,693.16 WEST WASTEWATER TREATMENT FACI E 601 - 49400 -322 Utilities $60.59 PUMP HOUSE 3 Total MINNEGASCO $11,815.25 Unpaid MINNESOTA COPY SYSTEMS E 101 -41400 -413 Office Equipment Rental $276.51 135578 COPIER Total MINNESOTA COPY SYSTEMS $276.51 Unpaid MINNESOTA STATE TREASURER G 250 - 21801 BUILDING PERMIT SURCHARGE $8,903.96 1ST QRT 2005 BLDG PERMIT SURCH Total MINNESOTA STATE TREASURER $8,903.96 • Unpaid MN POLLUTION CONTROL E 415 - 43251 -310 Miscellaneous $1,450.00 4400034821 WWTP EAST ANNUAL PERMIT E 430 -43256 -310 Miscellaneous $1,450.00 4400034887 WWTP WEST ANNUAL PERMIT Total MN POLLUTION CONTROL $2,900.00 Unpaid NAPA OF ELK RIVER INC E 101 -43100 -210 Operating Supplies (GENERAL) $80.30 OPERATING SUPPLIES E 101 -43100 -220 Repair /Maint Supply (GENERAL) $9.86 WATER TANK E 101 -43100 -220 Repair /Maint Supply (GENERAL) $4.25 93 CASE TRACTOR E 101 -43100 -220 Repair /Maint Supply (GENERAL) $3.50 90 FORD DUMP TRUCK Total NAPA OF ELK RIVER INC $97.91 Unpaid OSI ENVIRONMENTAL, INC E 101-43100-390 Contracted Services $155.00 242187 FILTERS, ANTIFREEZE Total OSI ENVIRONMENTAL, INC $155.00 Unpaid PREMIER HOME BUILDERS R 250 -32260 BUILDING PERMITS $263.12 REIMBURSE FEES G 250 - 21801 BUILDING PERMIT SURCHARGE $9.63 REIMBURSE FEES Total PREMIER HOME BUILDERS $272.75 Unpaid SCHARBER & SONS E 101 - 43100 -210 Operating Supplies (GENERAL) $21.26 330530 OPERATING SUPPLIES Total SCHARBER & SONS $21.26 Unpaid SOFTRONICS E 250 - 42410 -390 Contracted Services $625.00 2118 BLDG DEPT LABOR E 101 - 41400 -570 Office Equip and Furnishings $371.69 2118 FLAT SCREEN MONITOR E 101 - 43100 -310 Miscellaneous $424.94 2118 PRINTER/FAX/SCANNER /COPIER E 101 -41400 -390 Contracted Services $625.00 2118 ADMIN LABOR E 101 -41600 -390 Contracted Services $625.00 2118 FINANCE LABOR E 101 -41400 -570 Office Equip and Furnishings $1,011.75 2118 COMPUTER IN ADMIN E 101 -41600 -570 Office Equip and Furnishings $1,011.75 2118 COMPUTER IN FINANCE E 101 -41600 -570 Office Equip and Furnishings $1,115.06 2118 FLAT SCREEN MONITORS E 250 -42410 -570 Office Equip and Furnishings $371.69 2118 FLAT SCREEN MONITOR E 250 -42410 -390 Contracted Services $26.61 2118 BLDG DEPT CITY OF OTSEGO 04/06/05 9:35 AM Page 4 *Check Detail Register© APRIL 2005 Check Amt Invoice Comment E 250 -42410 -390 Contracted Services $415.35 2118 BLDG SOFTWARE Total SOFTRONICS $6,623.84 Unpaid ST JOSEPH EQUIPMENT INC E 101 -43100 -220 Repair /Maint Supply (GENERAL) $52.34 11411 93 CASE TRACTOR Total ST JOSEPH EQUIPMENT INC $52.34 Unpaid SWEEPER SERVICES E 206 - 43100 -500 Capital Outlay (GENERAL) $31,843.50 5201 93 ELGIN PELICAN STREET SWEEPE Total SWEEPER SERVICES $31,843.50 Unpaid TIM ROCHEL E 250 - 42410 -203 Supplies - General $50.57 MISC SUPPLIES E 250 - 42410 -320 Telephone $180.00 TELEPHONE E 250 - 42410 -321 Mileage/Travel $324.66 MILEAGE Total TIM ROCHEL $555.23 Unpaid TOSHIBA AMERICA INFO SYS INC E 101- 41400 -413 Office Equipment Rental $211.83 41695533 COPIER Total TOSHIBA AMERICA INFO SYS INC $211.83 • ' Unpaid WRIGHT COUNTY AUDITOR- TREASURE • E 101 -42100 -390 Contracted Services $46,476.67 PATROL -05 -0 SHERIFF PATROL - APRIL 2005 Total WRIGHT COUNTY AUDITOR- TREASURE $46,476.67 Unpaid WRIGHT COUNTY HIGHWAY DEPT E 101 -43100 -372 Salt & Sand $2,312.33 4484 SALT Total WRIGHT COUNTY HIGHWAY DEPT $2,312.33 Unpaid XEROX CORPORATION E 101- 41400 -413 Office Equipment Rental $713.28 8930446 COPIER Total XEROX CORPORATION $713.28 10100 BANK OF ELK RIVER $234,552.66 Fund Summary 10100 BANK OF ELK RIVER • 101 GENERAL FUND $65,910.05 203 PARK DEVELOPMENT $2,564.00 206 CAPITAL EQUIPMENT REVOLVING $59,572.47 250 BUILDING PERMIT FEES $19,041.60 414 Revolving Capital Improvements $5,642.90 415 WATER & SEWER CONST -E. Phase 1 $1,450.00 426 Quaday & 78th PROJECT $1,959.65 427 MACIVER/70TH ST ACCESS $1,853.33 428 WEST WATER PROJ $4,428.57 430 West Trtmnt Plant -Phase 1 $2,999.80 499 WELLHEAD PROTECTION PROJECT $280.00 601 WATER FUND $1,612.89 602 SEWER FUND $11,693.16 701 DEVELOPMENT ESCROWS FUND $55,544.24 $234,552.66 • • 2335 West Highway 36 • St. Paul, MN 55113 ; :' // IAA Rosene Office 651-636 - 4600 • Fax 651 - 636-1311 ! . ) Z O OS Anderlik & www.bonestroo.com y ' Associates U� Engineers & Architects `� S March 31, 2005 • Mike Robertson City of Otsego 8899 Nashua Ave NE • PO Box 571 Otsego, MN 55330 Attn: Mr. Mike Robertson Re: West Wastewater Treatment Facility • Change Order No. 5 • Bonestroo Project No. 503 -02 -107 • Dear Mr. Robertson: • • Enclosed are four (4) signed copies of Change Order No. 5 for the West Wastewater Treatment Facility project. The change order description covers several alterations on this project for a total Add of S33,578.00. The revised contract amount including this change order is $6,566,018.00. If you have any questions regarding this change order, please call Steve Alrn at (651) 604 -4891. Sincerely, • BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Shirley Lovell Enclosures • • • • • • • St. Paul, St. Cloud, Rochester, Willmar, MN • Milwaukee, WI • Chicago, Il Affirmative Action /Equal Opportunity Employer and Employee Owned Bonestr00 Owner City of Otsego, 8899 Nashua Ave. NE, P. O. Box 571, Otsego, MN. 55330 Date ' March 10, 2005 Rosene VI Anderhk & Contractor: Rice Lake Construction Group, 22360 County Road 12, Deerwood, MN 56444 . Associates. , Engineers & Architects , Bond Company: - - - Bond No: C HANGE ORDER N0. 5 OTSEGO WASTEWATER TREATMENT FACILITY • - • - BRA FILE NO 503 -02 -107 . - • - Description of Work Item No. 1: : _ 1) Modify the operation of the pump to react as follows upon activation of the over temperature switch or seal chamber • - mo i s ture sensor. a) 'Temperature sensors supplied with the pump shall initiate a pump fail alarm and stop the pump upon an over temperature condition. Pump shall be locked out until manually reset. Temperature monitoring units shall be famished by the pump supplier for installation in the control panel. : - - b) Seal chamber moisture sensors supplied with the pump shall initiate a pump fail alarm upon detection of moisture in the seal chamber. Moisture monitoring units shall be furnished by the pump supplier for installation in the control panel.' • Item No. 2: 1) Provide the following changes to the operation of the two aerators: a) Change the "Hand- Off/Reset- Local" selector switch located on the SCP1 with a "Hand - Off/Reset- Auto - Local" selector switch. `. b) In the "Auto' position, the speed of the aerator VFD shall be controlled by the PLC based on the DO level in the tank. . The operator shall . be able to set a target•DO level on the operator interface or the SCADA The operator shall also be able to set a rate of change (Hz/min), in fractions or whole numbers, to limit rapid cycling (ie., 1Hz/10min change - rate or l Hz/6Omin change rate). • • c) The PLC shall not start or stop the aerator when in the "Auto" position The VFD minimum and maximum speed . settings shall be set at the VFD. As the VFD is called to lower its speed to maintain the DO level and reaches the minimum - speed setting, the VFD shall remain running at the minimum speed setting until called to nun at a higher speed by the control system. As the VFD is called to raise its speed to maintain the DO level and reaches the maximum speed setting, the VFD. shall remain pinning at the maximum speed setting until called to run at a lower speed by the control system • Item No. 3: 1) Provide following changes for electrical installation:, - - , • a) Provide a dissolved oxygen (DO) sensor in the UV building. Locate the sensor in the combined effluent channel where the flow leaves the building near the south wall. Construct a support to be mounted on the south wall which allows the DO sensor to be removed for cleaning. Support may be similar to detail B/EC301 with the support anchored to the wall instead of the railing b) Mount the DO transmitter on the'east wall near the sampler. Provide 2 #12, 1 #12G from the transmitter to the panel board for power. ' Wires may be pulled in the same conduit as the circuit to the sampler. Extend the sampler conduit to the • transmitter for the power circuit. c) Provide the sensor cable in 3 /4" conduit from the sensor to the transmitter - :: d) Provide (1)2 /C #16shld cable. from the.. transmitter to SCP1. Extend UV -B with 3/4" conduit to the transmitter for this • cable. e) The DO sensor shall be monitored by the PLC- in SCP1. - " f) Programming: 1) Provide a reading on the UV building screen for effluent DO. A simulated button shall be added which reads. "Take • • 'Effluent DO Reading When this simulated button is clicked on a display shall show the DO level_ measurement with a ; - time stamp. The time stamp shall state the date time that the DO measurement was_taken. 2) The DO level measurement and time stamp shall remain displayed on the computer screen until the simulated button is clicked on again, At that time the current DO level measurement and time stamp shall be displayed. ; 3) The computer shall not display an automatically updated DO level on the screen.. Only the DO level measurement and' time stamp at the time. the simulated button was clicked shall be displayed..' • 4) The computer shall not log the DO levels m a historical trend or table 503021o7CH05.xls . . ., • Item No. 4 - 1) Provide a 20 -inch dual wall HDPE or CMP culvert under the security fence where the drainage swale creates an access - vulnerability just east of the main entrance gate. Culvert shall have flared-end sections on both ends. Bring ground level up to bottom of fence, create plateau as necessary, and slope sides away at a 4:1 grade. Blend into existing topography as ." necessary- Culvert section shall be on centerline of the existing swale • Item No. 5: 1) Provide a concrete curb around the polymer in the GBT room. -It is to be placed near the door, in front of the door side window. It shall be constructed to the same height as the house keeping pad for the equipment to the north of the polymer feed tank. The housekeeping pad and west wall will make up 2 sides of the curb. The east curb would stick out as far as the house keeping pad- A ramp shall be on the north side to allow the operator to wheel 55 gallon drums into the ' - containment area (G.C. needs to confirm house keeping pad is wide enough to fit a 55 gallon drum - field measure). Item No. 6• .. ,'1) Credit on the contract unit price item for installation of additional granular material' that was not utilized during - Ifem • - 1) Credit on the contract unit price item for removal of unsuitable material that was not utilized during construction - Item No. 8: 1) Credit for the deletion of the Addenda 1 item "DRAWING L103R," in which that contractor became responsible for ` providing sod at lift station and well site • . Item No. 9: 1) Provide the following changes as detailed in the 2nd revision of Proposal Request No.12.• • a). When the influent flow meter reads "no flow" the rotary drum screen shall be locked out. When the influent flow meter starts reading flow again, the rotary drum screen shall restart after a preset time delay (initially set at 5 seconds). The rotary drum screen shall continue to run until the influent flow meter reads "no flow." b). Provide interlock between screen and conveyor, so that when screen runs, conveyor operates. When screen stops conveyor shall stop operation c)- Provide and install' the following items as shown on drawings attached to Proposal Request No.12 REV2. 18" x 14" reducer ... 14" spool 14" 90 degree elbow 1.4" spool 14" plug valve 16 x 14" tee _ 16" blind flange (reuse /relocate ex iting) • 16" spool Item No. 10. 1) Alter the invert elevation of Manhole 5 to 930.64 in lieu of that shown on the Manhole Schedule on Sheet C802. • Item No. 11 1) Various field changes to electrical installation over the course of the project: Contract Unit Total No: Item Unit ` Quantity Price Amount. CHANGE ORDER' NO.S 1 ... SCUM PUMP SENSOR LS 1 $3,148:00 $3,148 :00. • 2 , AERATION OPERATION. LS 1 $6,061.00 $6,061.00, 3 DO SENSOR LS 1 ' ' $8,415.00 $8,415.00 - 4 CULVERT AT FENCE •" ..: •. LS 1 47100 471 $2, $2, -00 5 POLYMER CURB : LS 1 , $988.00 $988.00 6 INSTALL GRANULAR MATERIAL LS 1 - $14;000.00 :($14,000.00) 7 REMOVE UNSUITABLE MATERIALS LS 1 • - $6,000.00 ($6,000.00) 8 SOD AT LIFT STATION LS 1 $1,719.00 ($1,719.00)' - 9 ROTARY SCREEN BYPASS LS • 1 $25,836:00 $25,836.00 10 : ASI 03 LS :. - 1 .' $2,084.00 $2,084.00 • 11 ADDITIONAL ELECTRICAL CHANGES LS ' 1 $6,294.00 $6,294.00' Total CHANGE ORDER NO 5: - $33,578.00 50302107CH05 xis ` . :. Original Contract Amount - . $6,384,000.00 Previous. Change Orders .: - $148,.440.00 This Change Order $33,578.00 Revised Contract. Amount (including this change order) - $6,566,018.00: , CHANGE IN CONTRACT TIMES Original Contract Times: Substantial. Completion (days or date): .Ready for final Payment (days or date Increase of this Change Order: :.. Substantial Completion (days or date): _ - Ready for final Payment (days or date): Contract Time with all approved Change Orders: , Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: ' •. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.. - _ ,..-4, _ . Date Approved pp ved by Contractor Approved by Owner .:' RI • 4 ON1' UCTION GROUP CITY OF OTSEGO " . art „ , �'Z5 Q . Date Date . Contractor Bonding Company Bonestroo &.Assoc, ry 50302107CH05.xls ITEM 5.3 NACU NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: 6 April 2005 RE: Otsego — Mississippi Shores 8 Addition; Minor Subdivision NAC FILE: 176.02 — 05.12 Landcor Companies has submitted a preliminary/final plat to combine the two separate parcels that comprise the Rainbow Daycare site northeast of CSAH 39 and CSAH 42. The existing building on the site overlies the lot line dividing the two parcels that runs east -west. One of the banks involved in Landcor's purchase of the property is requiring that the Tots be combined to eliminate the non- conforming status of the building. Section 21 -2-4.A of the Zoning Ordinance states that the lot combination may be approved administratively because both parcels are platted lots and both are within the urban service area. However, the plat form of the proposed lot combination requires the Mayor's signature, thus requiring formal City Council approval. The proposed lot combination has been reviewed by our office and found to be in compliance with applicable Zoning Ordinance and Subdivision Ordinance requirements. We recommend approval of the lot combination as part of the consent agenda for the City Council meeting on 11 April 2005. • c. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Bob Fields 04/06/05 12:53 FAX 763 571 5091 CRYSTEEL TRUCK EQUIPMENT O002 ITEM 6_1 CRYSTEEL 763 -571 -1902 TRUCK EQUIPMENT 1130 73rd Avenue NE 1 -800- 795 -1.280 Fridley, MN 55432 Fax 763 -571 -5091 AA/ EQUAL OPPORTUNITY EMPLOYER April 6, 2005 Brad Belair City of Otsego 8899 Nashua Ave NE Otsego, MN 55330 -7314 Reference: Quote for Body and Plow for F350 Fords per State contract Number 432639 Release Number T- 699(5) Dear Brad: Per your request, we are pleased to quote the following equipment manufactured to current standards to include the following: One (1) Crysteel dump Body package consisting of the following: La y l 7 !'t J5 - 9' Crysteel E- Series Body - 87 "ID - 1 4 cab shield - 3/16 AR400 Floor - 10 gauge sides and front - Fold down sides with stops - Quick drop tail gate - Double acting cylinder controls - Crysteel LB 500 low Boy hoist system - Western style understructure no cross members - Front Mounted STT lights in bulkhead uprights - Mud flaps - Painted one fleet color No Base Coat/ Clear Coat - 5 year Warranty on Body, hoist, hydraulics and paint - V pull plate with gussets - 2 Safety "D" Rings - 2" pintle ball combo hitch - 7 Pin round connector 04/06/05 12:53 FAX 763 571 5091 CRYSTEEL TRUCK EQUIPMENT X1003 - ICC Bumper - Back up alarm - Brake controller installed in cab - Installed on suitable cab chassis Equipment and Installation $7561.34 Tax • $ 491.49 Net Total for Dump Body $8052.83 Western - 9' Pro Western Ultra Mount plow plus 9'tnoldboard Ultra Mount Chassis System Joystick in cab control Electric / Hydraulic pump and valve assembly Snow flap Helagon headlights Installed and ready to go Equipment and Installation $3675.00 Tax $ 238.88 Net Total $3913.88 Please look over the quote and if you have any questions, please give me a call at any time Sincerely, • %;4/ ,p / lv5 1 Bob Brandenburg p Crysteel Truck Equipment thanks you for considering this proposal and we will sincerely appreciate your acceptance. All sales are subject to taxes applicable at time of invoice_ CRYSTEEL TRUCK APPROVAL: BUYER APPROVAL: Title Firm Name 04/06/05 12:53 FAX 763 571 5091 CRYSTEEL TRUCK EQUIPMENT a004 Manager Signature Date Purchase Order Number Title Buyers Signature Date CITY OF OTSEGO M emo To: City Council From: Brad Belair Date: 04 /07/05 Re: Part-time summer employees At the Public Works committee meeting on April 6, 2005, we discussed the need for hiring seasonal summer employees. I recommend we advertise for two employees to assist with street and park maintenance. The positions would start on May 31,2005 and finish on September 2, 2005. The schedule would be Monday — Thursday from 7AM -4PM with no benefits or holiday pay offered. I suggest an hourly wage of $11.00 and require a Class D Drivers License with a good driving record. Previous experience in street or park maintenance would be desirable. Monies for the positions are available in the street and park general fund. Work performed on park capital improvements will be charged to that fund. • Page 1 ITEM 7_2 NAC Nc RI& HWEST AS.4OCIATII4 co)NAUL.!ANTS, LNc., 4800 Olson Memorial Highway, Suite 202, Golden Valley, M N 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2561 planners @nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Laurie Shives / Daniel Licht DATE: April 6, 2005 RE: Otsego — Linco Addition; Rezoning /Preliminary Plat FILE: 176.02 — 05.11 On April 4, 2005 the Planning Commission held a public hearing for discussion of the proposed Linco Addition. The applicant was not present at the public hearing and there were no comments from the public. The public hearing was closed and the Planning Commission did not discuss any significant issues with the request. The Planning Commission then voted 7 -0 to recommend approval of the applications. This application will be considered by the City Council at their meeting on 11 April 2005 at 6:30 PM. Findings consistent with the recommendations of the Planning Commission are attached for review. POSSIBLE ACTIONS Decision 1 — Zoning Map Amendment A. Motion to approve a Zoning Map amendment rezoning the subject site from A -1 District to 1 -2 District based on a finding that the request is consistent with the Comprehensive Plan. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan. C. Motion to table. • Decision 2 — Preliminary Plat A. Motion to approve the Preliminary Plat of Linco Addition, subject to the following conditions: 1. The west property line of the proposed preliminary plat must be moved 10 feet to the west in order to comply with all required setbacks 2. The proposed subdivision shall comply with all requirements of the Zoning Ordinance following any additions or subsequent site improvements to the subject property. 3. The applicant shall pay a cash fee in lieu of land equal to $14,000 to satisfy park and trail dedication requirements for the proposed subdivision upon final plat approval. 4. Future development shall anticipate alternative access to the site other than from CSAH 37 at such time as the balance of the property is subdivided and local streets constructed. 5. The applicant shall provide a survey identifying the location of a separate well and septic system for the proposed lot and use. 6. All grading, drainage, utilities and easements are subject to the review and approval of the City Engineer. 7. The applicant shall execute a development contract with the City prior to approval of the final plat subject to review and approval of the City Attorney. 8. Comments of other City Staff. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance and /or Subdivision Ordinance. 2 CITY OF 04 - 05 - 05 OTSEGO ilAIABAIAIOARANAId FINDINGS & DECISION WRIGHT COUNTY, MINNESOTA ZONING MAP AMENDMENT APPLICANT: Brad Praught/Linco Fab, Inc. APPLICATION: Request for rezoning from A -1 District to 1 -2 District for the land incuded within the preliminary plat of the Linco Addition. CITY COUNCIL MEETING: 11 April 2005 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 unplatted property is as follows: THE WEST 379.81 FEET OF THE EAST 859.63 FEET OF THE SOUTH 485.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 121, RANGE 23, WRIGHT COUNTY, MINNESOTA. B. The property lies within the Urban Service Expansion Area and is guided for industrial uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned A -1, Agricultural -Rural Service Area District and the existing fabrication use is not allowed within the A -1 District. The site must be rezoned to 1 -2, General Industrial District in order for the existing use to be compliant. D. The Planning Commission and City Council are to consider the application based upon (but not limited to) the criteria outlined by Section 20 -3 -2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The Comprehensive Plan guides the site for future industrial uses. The proposed subdivision will have an industrial fabrication business, which is consistent with the future land use plan. 2. The proposed use's compatibility with present and future land uses of the area. Finding: Surrounding land uses currently consist of all agricultural -rural service area uses. Although currently, the proposed use will be the only existing industrial use in the immediate area, the surrounding area is proposed to be industrial land uses as designated by the future land use plan and the Comprehensive Plan. As such, the proposed development will be compatible with the existing and planned land uses surrounding the subject site. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). 1 Finding: The proposed use will conform to all requirements of the Zoning Ordinance, Subdivision Ordinance and Engineering Manual following the anticipated expansion and site improvements. 4. The proposed use's effect upon the area in which it is proposed. Finding: As the fabrication operation has been existence for some time, it is not anticipated to have a negative effect upon the area and in the future it will be surrounded by similar such uses. 5. The proposed use's impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: The proposed use is not anticipated to generate any additional traffic. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Finding: The proposed use is not anticipated to have a negative impact to the City's service capacity. E. The planning report dated 29 March 2005 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The memorandum dated prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 4 April 2005 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7 -0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the requested Zoning Map amendment is hereby approved, based on the most current plan and information received to date. 2 ADOPTED by the Otsego City Council this 11 day of April, 2005. CITY OF OTSEGO By: Larry Fournier, Mayor Attest: Judy Hudson, Zoning Administrator /City Clerk • 3 ORDINANCE NO.: • CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR LAND WITHIN THE LINCO ADDITION PRELIMINARY /FINAL PLAT. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally as follows: THE WEST 379.81 FEET OF THE EAST 859.63 FEET OF THE SOUTH 485.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 121, RANGE 23, WRIGHT COUNTY, MINNESOTA. Section 2. The property is hereby rezoned from an A -1, Agriculture Rural Service District designation to an 1 -2, General Industrial District designation. Section 3. The Zoning Administrator is hereby directed to make appropriate changes to the official Zoning Map of the City of Otsego to reflect the change in zoning classification set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication and the filling of a final plat. PASSED by the Otsego City Council this 11 day of April, 2005. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator /City Clerk CITY OF 04 - 05 - 05 OTSEGO FINDINGS & DECISION WRIGHT COUNTY, MINNESOTA PRELIMINARY PLAT APPLICANT: Brad Praught/Linco Fab, Inc. APPLICATION: Request for preliminary plat approval of Linco Addition consisting of one lot/block developed with an existing industrial use. CITY COUNCIL MEETING: 11 April 2005 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 unplatted property is as follows: THE WEST 379.81 FEET OF THE EAST 859.63 FEET OF THE SOUTH 485.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 121, RANGE 23, WRIGHT COUNTY, MINNESOTA. B. The property lies within the Urban Service Expansion Area and is guided for industrial uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned 1 -2, General Industrial District which allows for the existing use as a permitted use. D. Lots within the 1 -2 District must provide a minimum area of two (2) acres and minimum width of two hundred (200) feet to a public right -of -way as measured at the minimum front yard setback line of sixty -five (65) feet. The proposed lot conforms to these requirements. F. The planning report dated 29 March 2005 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. G. The memorandum dated prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. H. The Planning Commission held a public hearing on April 4, 2005. The applicant was no present, there were no comments from the public and the public hearing was closed. DECISION 1: Based on the foregoing information and applicable ordinances, the requested Linco Addition Preliminary Plat is hereby approved, based on the most current plan and information received to date, subject to the following conditions: 1. The west property line of the proposed preliminary plat must be moved 10 feet to the west in order to comply with all required setbacks. 2. The proposed subdivision shall comply with all requirements of the Zoning Ordinance following any additions or subsequent site improvements to the subject property. 1 3. The applicant shall pay a cash fee in lieu of land equal to $14,000 to satisfy park and trail dedication requirements for the proposed subdivision upon final plat approval. 4. Future development shall anticipate alternative access to the site other than from CSAH 37 at such time as the balance of the property is subdivided and local streets constructed. 5. The applicant shall provide a survey identifying the location of a separate well and septic system for the proposed lot and use. 6. All grading, drainage, utilities and easements are subject to the review and approval of the City Engineer. 7. The applicant shall execute a development contract with the City prior to approval of the final plat subject to review and approval of the City Attorney. ADOPTED by the Otsego City Council this 11 day of April, 2005. CITY OF OTSEGO • • By: Larry Fournier, Mayor Attest: Judy Hudson, Zoning Administrator /City Clerk 2 ENGINEER'S ESTIMATE City of Otsego, Improvement Project No. 05 -03 Prairie Park Water System • Bid Schedule "A" - Watermain • Estimated Item Number of No. Description Units Unit Unit Price Estimated Cost 1 Mobilization 1 LS $5,000.00 $5,000 2 Connect to Existing 4" Watermain at Existing Wel 1 LS $350.00 $350 3 16" Ductile Iron Pipe CI 52 50 LF $45.00 $2,250 4 6" Ductile Iron Pipe CI 52 40 LF $25.00 $1,000 5 4" Ductile Iron Pipe CI 52 20 LF $20.00 $400 6 6" PVC C -900 SDR 18 1200 LF $24.00 $28,800 6" HDPE Butt Fusion Joints Installed by 7 Directional Boring 200 LF $50.00 $10,000 8 2" Galvanized Steel Pipe 5 LF $10.00 $50 9 2" PVC SDR 18 78 LF $10.00 $780 ■ I 10 1" Copper Service Pipe 20 LF $10.00 $200 11 1" Service Tap and Curb Stop 1 EACH $250.00 $250 12 Ductile Iron Fittings 3000 LB $1.35 $4,050 13 16" Butterfly Valve and Box 3 EACH $2,200.00 $6,600 14 6" Gate Valve and Box 10 EACH $455.00 $4,550 15 4" Gate Valve and Box 1 EACH $350.00 $350 16 2" Gate Valve and Box 2 EACH $250.00 $500 17 4" Check valve 1 EACH $350.00 $350 18 Hydrant 4 EACH $1,650.00 $6,600 19 Hydrant Extension 4 LF $275.00 $1,100 20 Outdoor Drinking Fountain 1 EACH $1,500.00 $1,500 21 Connection to City Hall 2" Building Service 1 LS $1,000.00 $1,000 200 Gallon Hydropneumatic Tank, Controls and 22 Heated Enclosure 1 LS $5,000.00 $5,000 23 Abandoon Existing City Hall Well 1 LS $2,000.00 $2,000 24 Restablish Turf 1 ACRE $3,000.00 $3,000 25 _Biolog Erosion Check 50 LF $3.00 $150 Total - Bid Schedule "A" $80,830 TOTAL CONSTRUCTION COST $80,830 20% Overhead for Engineering, Legal and Construction Contingencies $16,166 TOTAL PROJECT COST $96,996 • OT715 WATER LINE Feasibility -Table AEngineer's Project Estimate 1 4/7/2005 • • • • • • • • • 16 PLUG —,,I 600 + TO SECTION CORNER E17) INSTALL 16'X 16' CROSS 1 �3 -16" BUTTERFLY VALVES DIRECTIONAL 90TH STREET 50 LF Of 16" DIP, 16"1( 6" TEE. sin, II T 1 - - .. - •:.� :� .. ,rte t • � _ ... UTILI N LS ' 1 • . l I • 0111111-11111111101 w NOTE: • D - I I I I I I I I �I I I I l 0 1, SEVEN 10NA AT BORE z UNDER ALL BITUMINOUS PATHS AT SEVEN LOGTION Q a D Q \/ CONNECT NEW PRESSOR \ PANEL TO- EXISTING PAVE ATH \ 44.41P7,_, %---"--- \/ CONTRpI PANEL TO WELL INSTALL 506 LF OF 6"PVC \ /\ CONTROL PANEL116LF I / CONNECT 70 2" C.V., INSTALL 3lF OF 2 INSTA 27711 OF ti r \ SIP, INSTALL 200 GALLON PRESSURE TANK - yI �_ , WITH 5'XS'HEATED ENCLOSURE ON A ll�� _ _a. Fl . - I - 7 . 1 r W . 6' %6' %6" CONCRETE PAD _ �/ .. •.... _ TING d "STUD. , 1�'1 • D a' TEE. 6 "PVC -�` �•' C ITY H A L �. I' l CONNECT CHECK TO VALVE E %IS S LF OF <" 6 �� �- r REDUCER. 2" G.V. 0 Y UCER, .... Y BORE 2" PVC RED 1 INST.. LF OF 4" DIP. '" PVC. CONN4 T .:.3. UNDER INSTALL 0 • SIDEWALK ER 6"XV R • V"%6" TEE, ic O , -. °�� HAND DI G OPEN THE CH 10 LF 6"OIP, 6" FIR. 1. RANT AND ® S INSTALL 70611 U LOCH TINS WELL 5 'PER. OF 6" +. _ TO E%1 TER LLINE WT. DE in � INSTALL 1 MOUNT 'SERVICE TAP AND . -� �� 6 G.V. '.- � PED27AL • MDVMED OUTDOOR GRINNING WATER FOUNTAIN CROSS, LW66. CROSS. " REDUCER, DISCONCT Ex5RNG qua E 5 • 16 LF OF 6" PVC, IOU OF 6"DIP, FROM C HALL POTABL 10LF 6 "DIP& 6" FIRE HYDRANT 6 " FIRE HYDRANT WATER SUPPLY 1 ONES OUTSIDE BUILD G - • 1 — ] CV AND ABANDON I I PER MINNESOTA OF 6" PVC Q B" PLUG DEPARTMENT O HEALTH WELL CODE �� • EX• WELL It TT . • >0 0 b loo -- 1 I W • PELT F \ DATE REVISION Natty swat, iMI IM Sen.....MalS , amp r, - , . . .o. ' lu Hakanson Anderson Assoc., Inc. PRAIRIE PARK WATER SYSTEM 6" WATER LINE Mlcp el.t ' f, a �" N NA: Civil Engineers and Land Surveyors T 1 '1. _ „ Ati WLM a /T /DS 3601 Thurston Aso. Anw,, Minnesota ssw� IMPROVEMENTS 0 SERVE CITY HALL AND RR a s M PUBLIC WORKS BUILDINGS m 2 " ° - ^� . 1 meM +n.V+•tw+.u art.oe: Dm. V+ /o5 \a [' _ RJW OTT15 III T67 - -: r, Z7 -5860 FAx 76 }_42) -0620 _ CRY OF OTSEGO. MINNESOTA . AOAan.an- onder...Ma SMUTS 1 ITEM 9_7 . I COURI, MACARTHUR & - - RUPPE, P.L.L. P. Michael C. Court. Attorneys at Law David R. Wendorf Andrew J. MacArthur 705 Central Avenue East Kristen H. Carr Robert T. Ruppe•• PO Box 369 Alison K. Marwitz St. Michael, MN 55376 -0369 *Also licensed in Illinois (763) 497 -1930 • **Also licensed in California (763) 497 -2599 (FAX) courimacarthur @earthlink.net April 6, 2005 Otsego City Council Members c/o Judy Hudson, City Clerk • 8899 Nashua Ave. NE Otsego, MN 55330 Re: E.D.A. Resolution 2005 -1 Dear Otsego Economic Development Authority, Attached for your consideration at the Monday, April 11, 2005 meeting is Resolution 2005 -1, Approving Conveyance of a 5.9 Acre Portion of City Property to Randall L. Begin. This tract is along the southerly boundary of the parcel that remains after the City purchases the 32.5 Acre tract from Mr. Begin. The transfer of the 5.9 Acre tract to Mr. Begin would allow him to have access to the south in the event there is future development on his property. Upon such future development, the current driveway access easement along the northern boundary of the 32.5 Acre tract would terminate. Andy MacArthur will be available at the meeting to answer any questions you may have. Very truly yours, Kristen H. Carr COURI, MACARTHUR & RUPPE PLLP • cc. Dan Licht, City Planner Ron Wagner, City Engineer OTSEGO ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF WRIGHT STATE OF MINNESOTA E.D.A. RESOLUTION NO. 2005-1 RESOLUTION APPROVING CONVEYANCE OF A 5.9 ACRE PORTION OF CITY PROPERTY TO RANDALL L. BEGIN WHEREAS, the City of Otsego desires to acquire a 32.5 Acre parcel from Randall L. Begin ("Begin") in order to construct a future Public Works Facility; WHEREAS, in order for the City of Otsego to accomplish said land acquisition, the 32.5 acre parcel must be split from property that will be retained by Begin that includes his residence; WHEREAS, the parcel to be split is owned by the City of Otsego through the Otsego Economic Development Authority (EDA); WHEREAS, as a result of the said property split, the resulting parcel containing Begin's residence would not have eventual access to 90 Street to the South; WHEREAS, current access to Begin's property is to Napier Avenue over a driveway easement that follows the northern boundary of the 32.5 Acre tract to be acquired by the City of Otsego; WHEREAS, the City of Otsego desires to convey to Begin a 5.9 Acre tract located between Begin's southerly property boundary and 90 Street; WHEREAS, said conveyance will provide Begin with access to the South in the event that there is further development of Begin's parcel at which time the current driveway access easement will terminate pursuant to an agreement between the parties; 1 WHEREAS, the 5.9 Acre tract graphically depicted on Exhibit A, and the conveyance of tracts and related conditions discussed herein are described in the Vacant Land Purchase Agreement between the City and Begin. NOW, THEREFORE, the Otsego Economic Development Authority, Wright County, Minnesota, hereby orders: 1. That the 5.9 Acre trace owned by the City of Otsego through the Otsego Economic Development Authority depicted in Exhibit A shall be conveyed to Randall L. Begin pursuant to the Purchase Agreement and in the manner and form approved by the City Attorney. Motion for adoption of resolution by , seconded by a meeting of the Otsego Economic Development Authority on the 11th day of April, 2005. IN FAVOR: OPPOSED: OTSEGO ECONOMIC DEVELOPMENT AUTHORITY Larry Fournier, President Jessica Stockamp, Secretary 2 ,.1,-.,.-.•-• K x 1P. °a . . m a — .. • , I O — — ..,,- ............. • , ^o 4/ � Z•'0 1, 00-££Y 1 , �� o /,,� �. � I I -\ \ , 1u 0 . o F , \ 1 j \ 1 I S . 1) , " A i l, sis .I .6 M.' .Yl i , .4... •.• ••5, 4 ,... '0.,: • a • /. \ 1 I • d I • \e/y ( /1 cNi cl VI A 1/41 � . !, \ A 0 w i i j � ` V \ \� U 1al • 1 X Cr ¢ c N I' a ( 1. ) S� �.. .- .2Z I \ \e 1 • U o sa 3 Q ac g rn 4 t \ W to 3 IW 11 \ \I —• --♦ $-- 1--- i— +—+�S4 --fit }, 1] 1 — __ --- -- --- - -- /, 1 ) .s '1 \\ \\ \\ it �� = ` \ ��\ \' i 1 'o - C) -- '4 ■ . i / ..... r1 V, I I 1 �` / / i I • • - 5 / - \ \ • p ':I > .,.. St' 1 1 / / P. • z ,_ ::.::// I I I t : ; ? - ' I ( 1 • £l M..6Y zs:ON .. :: N O .`' .., Q ;I 1 0 �• / - • n - o p ^ ft 1 i £0•L££l M„617 , IZSoON ' • `nl • czkf Lz t 1' Lt oo'UO5' a /LMS x1 10 w9 leo. — —' I 3 ••I� �h � r� • eras g x'4 133HS 33S ITEM 9_2 - - CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2005- 17 RESOLUTION ADOPTING ASSESSMENT FOR DELINQUENT ADMINISTRATIVE ENFORCEMENT FINES AND RELATED INTEREST WHEREAS, pursuant to proper notice duly given as required by law, the City of Otsego has met and heard and passed upon all objections to the proposed assessment for delinquent administrative enforcement fines; NOW, THEREFORE, the City Council of the City of Otsego, Wright County, Minnesota, hereby orders: 1. Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the lands named herein. 2. Such assessment shall be payable in equal installments extending over a period of (1) year, and shall bear interest at the rate of Ten Percent (10 %) per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2006 3. The City of Otsego City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of ■ the county and such assessment shall be collected and paid over in the same manner as other municipal taxes. .l Motion for adoption of resolution by , seconded by at the meeting of the Otsego City Council on the 1 lth day of April, 2005. 1 IN FAVOR: OPPOSED: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk 2 CITY OF OTSEGO ASSESSMENT ROLL TERM NAME ADDRESS PROPERTY ID NO LOT BLOCK PRINCIPAL INTEREST TOTAL 1 Year David P & Rita C Peterson14333 87th St NE118- 031 - 001130 13 1 $1,000.00 $172.88 $1,172.88 1 Year Richard D. Zobel 14436 85th St NE118- 031- 001080 8 1 $1,100.00 $190.23 $1,290.23 Adoption by City Council on April 11, 2005 ITEM 9_3 COURI, MACARTHUR & RUPPE, P.L.L.P. Michael C. Couri• Attorneys at Law David R. Wendorf Andrew J. MacArthur 705 Central Avenue East Kristen H. Carr Robert T. Ruppe ** PO Box 369 Alis 1 1 ' rwitz St. Michael, MN 55376 -0369 S � *Also licensed in Illinois (763) 497 -1930 i ,Q p , �� * *Also licensed in Califomia (763) 497 -2599 (FAX) u 6 2 i 5 0 I � i courimacarthur @earthlink.net B J Y April 5, 2005 • Otsego City Council City of Otsego Attn: Judy Hudson, City Clerk 8899 Nashua Ave. NE Otsego, MN 55330 • Re: Proposed NTS Lease Agreement — West WWTP Dear City Council Members, Please find enclosed for your review and possible action at the April 11, 2005 Regular City Council Meeting a proposed Lease Agreement with NTS for use of the laboratory facilities at the new west wastewater treatment facility. This proposed lease reflects the discussion you had at the March 28, 2005 Regular City Council Meeting. Specifically, the monthly rent was increased to $1,000.00 and a clause was added that addresses the Use of Hazardous Materials and Chemicals. These revisions are underlined: • Andy MacArthur will be available to further discuss the proposed lease at the City Council meeting. Very truly yours, ,k GGVL/ Kristen H. Carr COURI, MACARTHUR & RUPPE PLLP Encl. cc. Tom Lucas, NTS Ron Wagner, City Engineer People's Service • 1 City of Otsego WWTP Laboratory LEASE AGREEMENT THIS LEASE AGREEMENT, is made and entered into by City of Otsego, a Minnesota Municipal corporation (hereafter referred to as the "Lessor ") and Northeast Technical Services, Inc., a Minnesota corporation (hereafter referred to as the "Lessee "). 1. RENT. Lessee shall pay to Lessor, at Lessor's address, a monthly rent for the Premises of $1,000.00 (the "Rent "). The Rent shall be payable in advance on the first day of each month throughout the term of this Lease. The Rent shall be adjusted annually, based upon the date of execution of this Agreement, at the rate of inflation. 2. THE PREMISES In consideration of the rents and covenants provided for herein, Lessor agrees to lease to Lessee, and the Lessee hereby agrees to lease one (1) Lab space (hereinafter referred to as the "Premises "), as designated by Lessor, in Lessor's Wastewater Treatment Plant. The Premises is that area of the Otsego West Wastewater Treatment Facility as outlined on the attached Exhibit A. The Premises shall also include an amount of floor space (150 SF) in the storage area as designated on the attached Exhibit A. 3. DUTIES 3.1 Lessee shall be responsible for all telephone, internet, cable and other communication- related expenses for the Premises and all other services /utilities not currently available on the Premises which are requested or ordered by Lessee; 3.2 Lessee shall provide own furniture, telephone service, computers, and telephone answering systems. 3.3 Lessor shall be responsible for all utilities for the Premises, including but not limited to gas, electricity, air conditioning, heating, water /plumbing. Interruption of utilities or other services, including without limitation electricity, air conditioning, heating, plumbing, ventilation and other services shall not be a breach of this Lease and Lessor shall not be liable to Lessee for any damages or costs sustained by Lessee as a result of such interruption. 3.4 Lessee shall provide cleaning of the Premises and will conduct operation so that as nuisances of sight, sound and odor will be eliminated or minimized to the extent reasonably possible. The existence of nuisance conditions will be determined by Lessor. 3.5 Lessee shall coordinate use of the Premises so that People's Services has use of the Premises at all times necessary to complete any and all testing required by its contract with the City. If a conflict arises regarding use of the Premises between NTS and People's Services the terms and conditions of Peoples Contract with Lessor shall govern. In the event that the contract does not clearly address the conflict in use, the conflict shall be resolved by Lessor. 3.6 Lessee shall not conduct at the Premises any testing of any hazardous or other wastes not associated with municipal . or private waste water treatment facilities or similar wastes. Lessee shall conduct only tests related to requirements of NPDES permit holders, both public and private, at the Premises. Any testing other than that described above shall be done at other locations controlled by Lessee. • 3.7 Lessee shall be authorized to conduct work on the Premises between the hours of 6am and 8pm Monday through Friday. Lessee shall make all reasonable efforts to conduct the majority of its work between 8am to 5pm Monday through Friday. Additional reasonable hours (including 8am to 5pm on weekends) beyond the hours listed above may be approved by the City upon reasonable notice to the City and Peoples Service. Such a request will not be unreasonably denied. 4. CONDITION AND USE Lessee accepts the Premises in their existing condition and Lessor shall not be required to make any alteration or improvement to the Premises. Lessee' shall not use or allow the Premises or any part thereof to be used or occupied for any unlawful purpose or in violation of any law or ordinance, and will not permit any act to be done or any condition to exist on the Premises which may make void or viodable any insurance then in force with respect to the Premises. Lessee shall not make any alterations, improvements, additions, or changes to the Premises, without prior written consent of Lessor. Lessee may use at its own risk that equipment located within the Premises and owned by the City, as set forth on the attached Exhibit B. Lessee shall be responsible for maintenance repair and replacement of any damaged, lost or destroyed City equipment. Lessee may store, maintain and use its own equipment on the Premises at its own risk. 5. USE OF HAZARDOUS MATERIALS AND CHEMICALS At all times Lessee is responsible for Lessee's use of any chemicals or other hazardous materials on the Premises. Said materials shall be stored used and disposed of properly. Lessee shall comply with all applicable Federal or State statutes, rules or regulations that apply to the use of chemicals and hazardous material and any and all related reporting requirements. With regard to the use of said materials, Lessee shall fully indemnify, defend, and hold harmless Lessor from any and all claims, lawsuits, causes of action of any nature and of any kind related to Lessee's use of chemicals or other hazardous materials on the Premises. 6. HOLD HARMLESS AND INDEMNIFY Lessee shall fully indemnify, defend, and hold harmless Lessor from any and all claims, lawsuits, causes of action of any nature and of any kind related to Lessee's operation within or other use of Premises and/or equipment located on the Premises. 7. SURRENDER UPON TERMINATION Lessee shall, on or before the expiration of the Lease term, surrender the Premise in its present condition (reasonable wear and tear and damage by elements excepted) free of personal • property. 8. RIGHT OF ENTRY Lessor and its representatives may enter the Premises at any reasonable time to inspect the Premises or perform any work which Lessor elects or is required to undertake. People's Services may enter the Premises at any time which is necessary to perform tasks related to their contract with the Lessor. Lessor shall undertake to provide advance notice to Lessee of its entry, when possible. In Emergency situations, as determined at the sole discretion of Lessor, Lessor and its representatives (which includes People's Services) are to be provided full and immediate access to the Premises. In the event that Lessee defaults on any term or condition of this Lease, Lessee shall provide immediate Right of Entry to Lessor to inspect, take control of the Premises, or perform any work necessitated by the breach of this Lease. 9. SECURITY OF PREMISES The Premises is a public facility providing crucial services to the City. In the event that Lessor determines, for whatever reason, that Lessee's operations of use of the Premises or that the presence of any of Lessee's employees or agents on the Premises constitutes a Security problem, said determination being made at the sole discretion of Lessor, Lessor may take any action it deems necessary, including immediate termination'of the Lease, to remove the threat to Security of the Premises or any potential or actual threat to public health, safety, or welfare. Lessee shall take all measures to ensure its operations and/or employees do not constitute a Security problem. In the event that there is any damage, claim, or cause of action related to breaches of Security caused by Lessee's actions or failure to act, Lessee shall hold harmless, defend and fully indemnify Lessor from the same. • 10. SUBLETTING AND ASSIGNMENT Lessee shall not, without prior written consent of Lessor, assign, mortgage or encumber this Lease, nor sublet or permit the Premises or any part thereof to be used by others than Lessee. 11. INSURANCE Lessee shall have in force and effect at all times relative to this Lease statutory workman's compensation and automobile insurance as well as general liability insurance in an amount acceptable to Lessor. 12. LEASE TERM The Lease term shall be a month -to -month tenancy, commencing May 2005. The Lease may be terminated by either party upon 60 days written notice. IN WITNESS HEREOF, The parties have hereunto set their hands the day and year first written above. City of Otsego Northeast Technical Services, Inc. BY: BY: Its: Its: