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06-13-05 CC
ITEM 5_1 CLAIMS LIST CITY COUNCIL MEETING JUNE 13, 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 05 -25 -2005 $ 48,807.30 05 -31 -2005 $ 124,428.59 06 -09 -2005 $ 344,835.30 PAYROLL 05 -25 -2005 $ 26,073.27 PAYROLL 06 -08 -2005 $ 27,499.69 GRAND TOTAL $ 571,644.15 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 06/09/05 9:02 AM Page 1 *Check Summary Register© JUNE 2005 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid AIRGAS, INC. $23.05 OPERATING SUPPLIES UnPaid ARCON DEVELOPMENT INC $11,758.42 ESCROW REFUND - PHEASANT RIDGE 3/4 UnPaid ARROW TERMINAL LLC $174.55 MISC OPERATING SUPPLIES UnPaid BANK OF ELK RIVER -1 $50.00 SAFE DEPOSIT BOX UnPaid BARB WILLIAMS $344.08 MILEAGE /PARKING UnPaid BLUE CROSS BLUE SHIELD OF $7,785.00 FINANCE /JULY UnPaid BOISE CASCADE OFFICE PROD $186.90 OF,C SUPPLIES - BINDERS UnPaid BOLLER CONSTRUCTION $1,000.00 7726 LANDER AVE- LANDSCAPE ESC REFU UnPaid BOYER FORD TRUCKS INC $566.43 FUEL TANK -TRUCK REPAIR UnPaid BRADLEY BELAIR $30.00 JUNE CELL PHONE UnPaid BRAUN INTERTEC $1,462.75 EAST WWTP PHASE III UnPaid CAROL OLSON $416.00 5/22 THRU 6/4 - 32 HRS UnPaid CHARTER COMMUNICATIONS $100.01 MONTHLY CABLE FEE UnPaid CITY OF ALBERTVILLE $15,830.44 1ST HALF 2005 - FIRE PROTECTION UnPaid CLARENCE SCHUMACHER $216.88 ESCROW REFUND - SCHUMACHER CUP UnPaid COMMERCIAL ASPHALT CO. $167.75 ASPHALT PATCHING SUPPLIES UnPaid COURI MACARTHUR LAW OFFIC $13,896.23 GENERAL UnPaid CROW RIVER FARM EQUIPMEN $110.76 UnPaid CUB FOODS ELK RIVER $72.92 COFFEE /SUGAR UnPaid CUSTOM TRUCK ACCESSORIES $585.75 05 EXT CAB CHEVY UnPaid DAMON FARBER ASSOCIATES $156.00 LILY POND PARK 'nPaid DJ'S HEATING & AIR COND $104.25 MISC HARDWARE /SUPPLIES nPaid DON MASS $30.00 JUNE CELL PHONE UnPaid ECM PUBLISHERS INC $1,062.60 ADV FOR BIDS UnPaid ELK RIVER FLORAL $37.28 KEVIN SHIERTS UnPaid ELK RIVER PRINTING & PARTY $141.65 STOP WORK STICKERS /CHANGE PHONE # UnPaid FENNA HOMES $1,000.00 7733 LARGE AVE - LANDSCAPE ESC REFUN UnPaid FINKEN'S WATER CARE $56.79 CITY HALL UnPaid GLENS TRUCK CENTER INC $176.35 93 SPRAYER UnPaid HAKANSON ANDERSON ASSOC $122,276.43 BEGIN PROPERTY UnPaid ICMA RETIREMENT TRUST $537.31 PPE 6/4/05 CH DTD 6/8/05 UnPaid JERRY OLSON ■ $840.00 5/22 THRU 6/4 - 24 HRS UnPaid JOHN DEERE LANDSCAPES $183.20 IRRIGATION SUPPLIES BALLFIELDS UnPaid KNUTSON RICK $30.00 JUNE CELL PHONE UnPaid LANDCOR INC $3,702.33 ESCROW REFUND - MARKET WEST UnPaid LONG & SONS $823.56 MONTHLY JANITORIAL SERVICE UnPaid MACQUEEN EQUIPMENT INC $1,155.46 IMPELLER /O -RING UnPaid MARTIN BENEFIT ADMINISTRAT $52.00 MONTHLY FEE UnPaid MENARDS $349.79 WOOD, NAILS, TAPE MSR UnPaid MINNEGASCO $122.00 7551 LANCASTER AVE NE, BLG K UnPaid MN CITY /COUNTY MANAGEMEN $80.00 ANNUAL DUES UnPaid MN DEPARTMENT OF HEALTH - $1,303.00 2ND QTR WATER SUP CONN FEE UnPaid MOODY'S INVESTORS SERVICE $5,750.00 SEWER BONDS 2005A UnPaid NAPA OF ELK RIVER INC $34.21 O'RINGS, SCREWS, HOSE CLAMPS UnPaid NORTHWEST ASSOC CONSULT $14,286.91 RIVERWOOD NAT'L UnPaid NOVA COMMUNICATIONS $115.00 PHONE WORK UnPaid PUBLIC EMPLOYEES RETIREME $2,547.69 PPE 6/4/05 CH DTD 6/8/05 UnPaid REED BUSINESS INFORMATION $767.60 QUADAY - CONST BULLETIN MAG LEGAL A UnPaid SCHLUENDER CONSTRUCTION $13,920.00 SLUDGE HAULING InPaid SCREENING & SELECTION SER $18.00 DRUG SCREEN - RICK KNUTSON UnPaid SUPERIOR LAWN & SNOW $9,647.37 MONTHLY LAWN MAINT UnPaid SWENSON CONSTRUCTION HO $115.31 ESCROW REFUND - SWENSON PROP REZ UnPaid TOMARK SPORTS $1,589.91 BALLFIELD EQUIP /SUPPLIES UnPaid TOSHIBA AMERICA INFO SYS IN $211.83 TOSHIBA COPIER UnPaid US BANK $45,117.88 INTEREST IMPROV BONDS 2004 UnPaid USA BLUE BOOK $6,574.21 WWTP SUPPLIES 1 • CITY OF OTSEGO 06/09/05 9:02 AM Page 2 *Check Summary Register© JUNE 2005 Name Check Date Check Amt UnPaid WASTE MANAGEMENT $7,137.63 RECYCLING UnPaid WRIGHT COUNTY AUDITOR -TRE $46,476.67 MONTHLY BILLING UnPaid WRIGHT COUNTY RECORDER $19.50 VACATION - CEDERBERG ESTATES UnPaid XEROX CORPORATION $507.66 XEROX COPIER LEASE UnPaid ZIEGLER CONSTRUCTION CO IN $1,000.00 13864 88TH CT- LANDSCAPE ESC REFUND Total Checks $344,835.30 FILTER: None • CITY OF OTSEGO 06 /09/05 9:03 AM Page 1 *Check Detail Register© JUNE 2005 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid AIRGAS, INC. ' E 101 -43100 -210 Operating Supplies (GENERAL) $23.05 105598506 OPERATING SUPPLIES Total AIRGAS, INC. $23.05 Unpaid ARCON DEVELOPMENT INC G 701 -21961 Pheasant Ridge 3rd & 4th $11,758.42 ESCROW REFUND - PHEASANT RIDGE Total ARGON DEVELOPMENT INC $11,758.42 U npaid ARROW TERMINAL LLC E 101 - 43100 -210 Operating Supplies (GENERAL) $174.55 32497 MISC OPERATING SUPPLIES Total ARROW TERMINAL LLC $174.55 Unpaid BANK OF ELK RIVER -1 E 101 - 41400 -410 Rentals (GENERAL) $50.00 SAFE DEPOSIT BOX Total BANK OF ELK RIVER -1 $50.00 Unpaid BARB WILLIAMS E 250-42410-355 Dues & Memberships $30.00 DUES E 250 -42410 -321 Mileage/Travel $314.08 MILEAGE /PARKING Total BARB WILLIAMS $344.08 Unpaid BLUE CROSS BLUE SHIELD OF MN E 101- 41400 -123 Health $2,170.00 ADMIN /JULY E 101 - 41600 -123 Health $671.00 FINANCE /JULY E 250 - 42410 -123 Health $3,596.00 BLDG /JULY E 101 - 43100 -123 Health $1,348.00 PW /JULY Total BLUE CROSS BLUE SHIELD OF MN $7,785.00 Unpaid BOISE CASCADE OFFICE PRODUCTS E 101- 41400 -201 Office Supplies $147.35 297739 OFC SUPPLIES - FOLDERS E 250 -42410 -201 Office Supplies $39.55 297739 pFc SUPPLIES - BINDERS Total BOISE CASCADE OFFICE PRODUCTS $186.90 Unpaid BOLLER CONSTRUCTION E 702 - 41400 -310 Miscellaneous $1,000.00 7726 LANDER AVE- LANDSCAPE ESC Total BOLLER CONSTRUCTION $1,000.00 Unpaid BOYER FORD TRUCKS INC E 101- 43100 -220 Repair /Maint Supply (GENERAL) $541.47 38217R !FUEL TANK -TRUCK REPAIR E 101 -43100 -220 Repair /Maint Supply (GENERAL) $24.96 38265R (INSULATOR -TRUCK REPAIR Total BOYER FORD TRUCKS INC $566.43 Unpaid BRADLEY BELAIR • E 101 - 43100 -320 Telephone $30.00 JUNE CELL PHONE Total BRADLEY BELAIR $30.00 Unpaid BRAUN INTERTEC E 432 -43256 -302 Engineering Fees $1,214.75 244938 EAST WWTP PHASE I11 E 414 - 43100 -302 Engineering Fees $248.00 246099 PARELL AVENUE Total BRAUN INTERTEC $1,462.75 1paid CAROL OLSON E 101 - 41400 -104 Part -time - Employees Regular $416.00 5/22 THRU 6/4 - 32 HRS Total CAROL OLSON $416.00 Unpaid CHARTER COMMUNICATIONS E 101- 41400 -390 Contracted Services $100.01 MONTHLY CABLE FEE • CITY OF OTSEGO 06 /09/05 9:03 AM Page 2 *Check Detail Register© JUNE 2005 Check Amt Invoice Comment Total CHARTER COMMUNICATIONS $100.01 Unpaid CITY OF ALBERTVILLE E 211 - 42200 -390 Contracted Services $15,830.44 2005204 1ST HALF 2005 - FIRE PROTECTIO Total CITY OF ALBERTVILLE • $15,830.44 Unpaid CLARENCE SCHUMACHER G 701 -22399 SCHUMACHER CUP $216.88 ESCROW REFUND - SCHUMACHER CUP Total CLARENCE SCHUMACHER $216.88 Unpaid COMMERCIAL ASPHALT CO. E 101 -43100 -434 Blacktop Patching $167.75 ASPHALT PATCHING SUPPLIES Total COMMERCIAL ASPHALT CO. $167.75 Unpaid COURI MACARTHUR LAW OFFICE G 701 -22442 FOUR H PROPERTIES $52.50 4H PROPERTY G 701 -22380 RIVERPLACE 1ST $3.00 RIVERPLACE G 701 -22431 PLEASANT CRK 4TH $20.00 PLEASANT CREEK 4 G 701 -22439 BRAD PRAUGHT $135.00 LINCO /BRAD PRAUGHT G 701 -22438 KITTREDGE CROSS 10 $202.50 KITTREDGE CROSSING 10 G 701 -22394 DUERR PROP $216.00 DUERR CREEK G 701 - 22315 RIVERWOOD NATIONAL $243.00 RIVERWOOD NATIONAL G 701 -22402 WATERFRONT 4 HEMPEL $252.00 HEMPEL G 701 -22432 OTSEGO PRESERVE III $337.50 OTSEGO PRESERVE 3 G 701 -22434 Crimson Ponds West $675.00 CRIMSON POND WEST G 701 -22435 Kittcross 9th $675.00 KITTREDGE CROSSING 9 G 701 -22440 Mississippi Shores 6th & 7th $679.00 MISSISSIPPI SHORES 6 -8 G 701 -22445 RIVER PLACE II $796.50 RIVERPLACE 2 G 701 -22426 FIN PLAT ARBOR CRK 3 $337.50 ARBOR CREEK 3 E 101 - 41700 -301 Legal Services $1,214.50 GENERAL E 101 -41700 -301 Legal Services $598.50 W WATER TWR/MNDOT LEASE/TIGER G 701 -22393 REMINGTON COVES $1,275.50 REMINGTON COVES E 101 -41700 -301 Legal Services $216.00 ,MEADOWLANDS G 701 -22328 WATERFRONT EAST $1,728.00 WATERFRONT EAST E 432 - 43256 -301 Legal Services $115.50 'EAST WWTP E 101 -41700 -301 Legal Services $210.00 'HOSPITAL DISTRICT E 427 - 43100 -301 Legal Services $80.00 MACIVER AVENUE • E 101 - 41700 -301 Legal Services $108.00 NATHE E 426 - 43100 -301 Legal Services $15.73 QUADAY AVENUE E 101 -41700 -301 Legal Services $55.50 ODEAN AVENUE E 101 - 41700 -301 Legal Services $52.50 DEMARS E 101 - 41700 -301 Legal Services $11.00 MILLER E 250 - 42410 -311 Ping & Eng. - 101Traffic Study $514.50 DARKENWALD /HWY 101 PROJECT E 101 -42420 -301 Legal Services $283.50 ADMINISTRATIVE ENFORCEMENT G 701 -22437 OTSEGO CITY CAMPUS $976.50 CITY CAMPUS PLAT E 101- 41700 -301 Legal Services $1,816.50 BEGIN PROPERTY Total COURI MACARTHUR LAW OFFICE $13,896.23 Unpaid ----- CROW RIVER FARM EQUIPMENT E 101 - 43100 -210 Operating Supplies (GENERAL) $110.76 111913 Total CROW RIVER FARM EQUIPMENT $110.76 unpaid CUB FOODS ELK RIVER E 101- 41400 -203 Supplies - General $72.92 COFFEE /SUGAR Total CUB FOODS ELK RIVER $72.92 Unpaid CUSTOM TRUCK ACCESSORIES INC E 250 - 42410 -501 Equipment $292.87 234001 05 EXT CAB CHEVY CITY OF OTSEGO 06/09/05 9:03 AM Page 3 *Check Detail Register© JUNE 2005 Check Amt Invoice Comment E 250 -42410 -501 Equipment $292.88 234001 05 CREW CAB CHEVY Total CUSTOM TRUCK ACCESSORIES INC $585.75 Unpaid DAMON FARBER ASSOCIATES E 203 - 45210 -390 Contracted Services $156.00 17016 LILY POND PARK Total DAMON FARBER ASSOCIATES $156.00 Unpaid HEATING & AIR COND E 101 -43100 -220 Repair /Maint Supply (GENERAL) $5.85 1209 WTPRF COVER E 101- 43100 -240 Small Tools and Minor Equip $21.42 1722 SHOVEUHDWR E 101 -43100 -210 Operating Supplies (GENERAL) $76.98 961/1467 MISC HARDWARE /SUPPLIES Total DJ'S HEATING & AIR COND $104.25 Unpaid DON MASS E 101 -43100 -320 Telephone $30.00 JUNE CELL PHONE Total DON MASS $30.00 Unpaid ECM PUBLISHERS INC E 101 - 41400 -350 Print/Binding (GENERAL) $920.70 191523 ADV FOR BIDS E 101 - 41400 -350 Print/Binding (GENERAL) $69.30 191524 ORDINANCE E 101 -41400 -350 Print/Binding (GENERAL) $72.60 191525 ORDINANCE Total ECM PUBLISHERS INC $1,062.60 ' 'npaid ELK RIVER FLORAL E 101- 41400 -310 Miscellaneous $37.28 5MAY31021 KEVIN SHIERTS Total ELK RIVER FLORAL $37.28 Unpaidw - ELK RIVER PRINTING & PARTY PLU - �r �M E 250- 42410 -350 Print/Binding (GENERAL) $68.16 21410 STOP WORK STICKERS /CHANGE PHON E 250 - 42410 -350 Print/Binding (GENERAL) $73.49 21483 APPLICATION /SWR DISP SYS Total ELK RIVER PRINTING & PARTY PLU $141.65 Unpaid FENNA HOMES E 702 - 41400 -310 Miscellaneous $1,000.00 ,17733 LARGE AVE- LANDSCAPE ESC R Total FENNA HOMES $1,000.00 Unpaid FINKEN'S WATER CARE E 101- 43100 -390 Contracted Services $10.12 GARAGE AND SHOP E 101 -41940 -390 Contracted Services $46.67 1CITY HALL Total FINKEN'S WATER CARE $56.79 Unpaid GLENS TRUCK CENTER INC E 101- 43100 -210 Operating Supplies (GENERAL) $75.13 106322 93 SPRAYER E 101 -43100 -220 Repair /Maint Supply (GENERAL) $35.65 106817 90 FORD DUMP TRUCK E 101 -43100 -220 Repair /Maint Supply (GENERAL) $65.57 106817 94 FORD TRUCK Total GLENS TRUCK CENTER INC $176.35 Unpaid HAKANSON ANDERSON ASSOC INC G 701 -22437 OTSEGO CITY CAMPUS $421.44 13850 BEGIN PROPERTY G 701 -22356 KITTR CROSS PPRZ $3,070.27 13851 KITTREDGE CROSSING G 701 -22353 PLFRM ORRIN THOMP $347.85 13852 PLEASANT CREEK FARMS G 701 -22380 RIVERPLACE 1ST $525.30 13853 'RIVER PLACE G 701 -22369 DR H ZIMMER PROP $1,562.30 13857 ZIMMER FARMS G 701 -22366 MARTIN FARMS $2,848.67 13858 MARTIN FARMS G 701 -22377 OTSEGO PRESERVE $143.60 13859 OTSEGO PRESERVE G 701 -22384 FOREST HILLS $40.56 13860 FOREST HILLS G 701 -22408 Prairie Creek 6th $423.91 13862 PRAIRIE CREEK 6TH G 701 -22393 REMINGTON COVES $1,576.84 13864 REMINGTON COVES CITY OF OTSEGO 06/09/05 9:03 AM Page 4 *Check Detail Register() JUNE 2005 Check Amt Invoice Comment G 701 -22394 DUERR PROP $3,740.76 13865 DUERR CREEK G 701 -22398 PRAIRIE OAKS $143.00 13866 PRAIRIE OAKS G 701 -22396 ARBOR CREEK 2ND $105.19 13867 ARBOR CREEK 2ND G 701 -22397 SUNRAY FARMS 2ND $1,511.56 13868 SUNRAY FARMS 2ND G 701 -22401 ZIMMERFARMS 3RD $2,342.17 13869 ZIMMER FARMS THIRD G 701 -22406 KITCROSS 5/6 $6,702.51 13870 KITTREDGE CROSS 5TH /6TH G 701 -22409 PLEASANT CRK 3RD $309.30 13871 PLEASANT CREEK THIRD G 701 -22415 NORIN'S LANDING $306.88 13872 NORIN'S LANDING G 701 -22419 ZIMMER 4TH $270.50 13874 ZIMMER FARMS 4TH G 701 -22426 FIN PLAT ARBOR CRK 3 $1,874.10 13875 ARBOR CREEK 3RD G 701 -22432 OTSEGO PRESERVE 111 $1,094.18 13877 OTSEGO PRESERVE 3RD G 701 -22436 CRIMSON PONDS NORTH $266.82 13878 CRIMSON PONDS NORTH G 701 -22431 PLEASANT CRK 4TH $116.82 13880 PLEASANT CREEK 4TH G 701 -22429 KITTREDGE CROSS 7 $188.33 13881 KITTREDGE CROSS 7TH G 701 -22430 KITTREDGE CROSS 8 $1,383.84 13884 KITTREDGE CROSS 8TH G 701 -22435 Kittcross 9th $204.45 13885 KITTREDGE CROSS 9TH G 701 -22438 KITTREDGE CROSS 10 $595.79 13886 KITTREDGE CROSS 10TH G 701 -22445 RIVER PLACE II $2,435.88 13887 RIVER PLACE 2ND G 701 -22361 SUN RAY FARMS $925.30 13888 SUNRAY FARMS G 701 -22413 OTSEGO PRESERVE 11 $5,800.51 13889 OTSEGO PRESERVE 2ND' E 101 - 41560 -302 Engineering Fees $736.20 13890 STAFF MEETING G 701 - 21977 Stone Gate 2nd $29.21 13891 STONEGATE ESTATES 2ND G 701 -22434 Crimson Ponds West $266.82 13893 CRIMSON POND WEST G 701 -22315 RIVERWOOD NATIONAL $13,202.39 13894 RIVERWOOD NAT'L G 701 -22321 RIVERPOINTE 2ND $708.92 13895 RIVER POINTE 2ND E 101 - 41560 -302 Engineering Fees $749.00 13896 ENGINEER'S MANUAL E 101 - 41560 -302 Engineering Fees $594.38 13898 CITY MAP E 432 - 43256 -302 Engineering Fees $328.10 13901 EAST WWTP PHASE 3 E 101 -41400 -348 Maps $233.44 13904 GOPHER ONE CALL MAPS G 701 -22442 FOUR H PROPERTIES $287.62 13906 4H PROPERTY E 250 -42410 -311 Ping & Eng. - 101Traffic Study $592.53 13909 TRUNK HWY 101 E 414 -43100 -302 Engineering Fees $18,694.58 13911 COMM FRONTAGE RD IMPR E 414 - 43100 -302 Engineering Fees $1,162.15 13915 89TH ST /PARREL AVE STREET IMPR G 701 -22370 KC TRUNK UTIL IMP $441.39 13916 KITTREDGE TRUNK WATER & SEWER E 203 -45210 -302 Engineering Fees $1,120.00 13918 PRAIRIE PARK E 475 -43100 -302 Engineering Fees $738.81 13919 WATER FRONT EAST UTIL E 428- 49400 -302 Engineering Fees $564.30 13921 WELLS 4 &5/WATER TOWER 2 CONNEC E 101- 41560 -302 Engineering Fees $1,215.89 13926 2005 OTSEGO RD MAINT PROJ E 101 -41560 -302 Engineering Fees $2,053.07 13931 MISC ENGINEERING E 426 -43100 -302 Engineering Fees $37,279.00 13934 QUADAY /78TH ST TO CSAH 37 Total HAKANSON ANDERSON ASSOC INC $122,276.43 Unpaid ICMA RETIREMENT TRUST G 101 -21705 Other Retirement $345.00 PPE 6/4/05 CH DTD 6/8/05 E 101 - 41400 -121 PERA $192.31 PPE 6/4/05 CH DTD 6/8/05 Total ICMA RETIREMENT TRUST $537.31 Unpaid JERRY OLSON E 250 - 42410 -390 Contracted Services $840.00 5/22 THRU 6/4 - 24 HRS Total JERRY OLSON $840.00 npaid JOHN DEERE LANDSCAPES E 203 - 45210 -530 Improvements Other Than Bldgs $183.20 06148299 IRRIGATION SUPPLIES BALLFIELDS Total JOHN DEERE LANDSCAPES $183.20 Unpaid KNUTSON RICK E 101 -43100 -320 Telephone $30.00 JUNE CELL PHONE CITY OF OTSEGO 06/09/05 9:03 AM Page 5 *Check Detail Register© JUNE 2005 Check Amt Invoice Comment Total KNUTSON RICK $30.00 Unpaid LANDCOR INC G 701 -22320 RETAIL OFFICE SPACE $3,702.33 ESCROW REFUND - MARKET WEST Total LANDCOR INC $3,702.33 Unpaid LONG & SONS E 101 -41940 -203 Supplies - General $78.06 05 -226 TOWELS, BAGS E 101 -41940 -389 Cleaning Services $745.50 05 -226 MONTHLY JANITORIAL SERVICE Total LONG & SONS $823.56 Unpaid MACQUEEN EQUIPMENT INC..,,—....»..m. E 101 -43100 -220 Repair /Maint Supply (GENERAL) $1,148.36 2053990 BELT /SHOULDERING MACHINE E 101 -43100 -220 Repair /Maint Supply (GENERAL) $234.95 3053404 IMPELLER/O -RING E 101 - 43100 -220 Repair /Maint Supply (GENERAL) ($227.85) 5910 CREDIT 2053404 Total MACQUEEN EQUIPMENT INC $1,155.46 Unpaid MARTIN BENEFIT ADMINISTRATORS E 101- 41400 -390 Contracted Services $52.00 4589 MONTHLY FEE Total MARTIN BENEFIT ADMINISTRATORS $52.00 Unpaid MENARDS E 101 - 45200 -400 Repairs & Maint Cont (equip) $221.95 64360 WOOD,EDGERS, TROWELS, MISC TOO E 101 -45200 -400 Repairs & Maint Cont (equip) $127.84 64891 WOOD, NAILS, TAPE MSR Total MENARDS $349.79 ACM, •,■....MIXTMearn.,....esmasnemmaaostemsoiarr**Inm*sx■wommasenren**.rlexemor Unpaid MINNEGASCO • E 601 - 49400 -322 Utilities $9.72 PUMP HOUSE 3 E 602 -49450 -322 Utilities $93.77 7551 LANCASTER AVE NE, BLG K E 101 -41950 -322 Utilities $18.51 PEAVEY HOUSE Total MINNEGASCO $122.00 Unpaid MN CITY /COUNTY MANAGEMENT ASSO E 101 - 41400 -355 Dues & Memberships $80.00 ANNUAL DUES Total MN CITY /COUNTY MANAGEMENT ASSO $80.00 Unpaid'. __ MN DEPARTMENT OF HEALTH - WATE E 601 - 49400 -375 WATER TEST FEE $1,303.00 2ND QTR WATER SUP CONN FEE Total MN DEPARTMENT OF HEALTH - WATE $1,303.00 Unpaid MOODY'S INVESTORS SERVICE E 432 -43256 -390 Contracted Services $5,750.00 F1507158 SEWER BONDS 2005A Total MOODY'S INVESTORS SERVICE $5,750.00 Unpaid NAPA OF ELK RIVER INC E 101 - 43100 -210 Operating Supplies (GENERAL) $27.25 TUBING, PLUG E 101- 43100 -220 Repair /Maint Supply (GENERAL) $6.96 O'RINGS, SCREWS, HOSE CLAMPS Total NAPA OF ELK RIVER INC $34.21 Unpaid NORTHWEST ASSOC CONSULTANTS . -.w G 701 -22449 KOLLES /DARE/TOM BROWN $765.00 14461 KOLLES /DARE G 701 -22446 TWIN CITY BEEKEEPING $657.75 14461 TC BEEKEEPING G 701 -22434 Crimson Ponds West $558.00 14461 CRIMSON PONDS WEST G 701 -22393 REMINGTON COVES $531.00 14461 REMINGTON COVES G 701 -22445 RIVER PLACE II $434.88 14461 RIVERPLACE 2ND G 701 -22447 ALPINE HOMES $282.00 14461 ALPINE HOMES G 701 -22442 FOUR H PROPERTIES $260.72 14461 FOUR H /METRO INSULATION G 701 -22443 STELLMACH - MOVE IN HOUSE $239.83 14461 STELLMACH CUP G 701 -22402 WATERFRONT 4 HEMPEL $154.28 14461 HEMPEL/WATERFRONT 5TH CITY OF OTSEGO 06/09/05 9:03 AM Page 6 *Check Detail Register© JUNE 2005 Check Amt Invoice Comment G 701 -22424 Hamlet Prop $126.00 14461 HAMLET CONCEPT G 701 -22438 KITTREDGE CROSS 10 $108.00 14461 KITTREDGE CROSS 10 G 701 -22392 MISSISSIPPI COVE $81.75 14461 MISSISSIPPI COVE G 701 - 22315 RIVERWOOD NATIONAL $54.00 14461 RIVERWOOD NAT'L G 701 -22450 OUTLOT L WFE RETAIL BLDG $676.00 14461 OUTLOT L/WATERFRONT EAST G 701 -22436 CRIMSON PONDS NORTH $27.00 14461 CRIMSON NORTH G 701 -22422 ROTTLUND HOMES $36.00 14461 ROTTLUND G 701 -22451 EMMERICH EAST $774.00 14461 EMMERICH EAST G 701 -22444 Rainbow Daycare $803.13 14461 RAINBOW DAYCARE E 101-41570-303 Planning Fees $607.60 14462 LENZ E 101 - 45250 -310 Miscellaneous $68.85 14462 PK & TRAIL ORDINANCE E 250 - 42410 -311 Ping & Eng. - 101Traffic Study $38.25 14462 HWY 101 E 101-41570-303 Planning Fees $61.20 14462 INS PROJECT SIGNS E 101 -41570 -303 Planning Fees $1,410.09 14462 GENERAL E 101 -41570 -303 Planning Fees $208.75 14462 FIRE SUBSTATION E 250- 42410 -310 Miscellaneous $2,072.83 14463 GENERAL E 101 - 41570 -303 Planning Fees $2,250.00 14464 MEETINGS E 101 - 41570 -303 Planning Fees $1,000.00 14465 ZONING ORDINANCE UPDATE Total NORTHWEST ASSOC CONSULTANTS $14,286.91 Unpaid NOVA COMMUNICATIONS E 250 - 42410 -320 Telephone $115.00 6846 ' PHONE WORK Total NOVA COMMUNICATIONS $115.00 _ _ paid PUBLIC EMPLOYEES RETIREMENT FD E 101 - 41600 -121 PERA $164.04 PPE 6/4/05 CH DTD 6/8/05 E 101 - 41400 -121 PERA $165.68 PPE 6/4/05 CH DTD 6/8/05 E 101- 41550 -121 PERA $175.95 PPE 6/4/05 CH DTD 6/8/05 E 101 - 43100 -121 PERA $276.58 PPE 6/4/05 CH DTD 6/8/05 G 101 -21704 PERA $1,325.37 PPE 6/4/05 CH DTD 6/8/05 E 250 - 42410 -121 PERA $440.07 1PPE 6/4/05 CH DTD 6/8/05 Total PUBLIC EMPLOYEES RETIREMENT FD $2,547.69 Unpaid REED BU SINESS INFORMATION E 426 - 43100 -350 Print/Binding (GENERAL) $383.80 2915990 QUADAY - CONST BULLETIN MAG LE E 426 -43100 -350 Print/Binding (GENERAL) $383.80 2921164 1QUADAY - CONSTRUCTION BULLETIN Total REED BUSINESS INFORMATION $767.60 Unpaid SCHLUENDER CONSTRUCTION E 602 - 49450 -419 SLUDGE HAULING $13,920.00 11679 'SLUDGE HAULING Total SCHLUENDER CONSTRUCTION $13,920.00 Unpaid SCREENING & SELECTION SERVICES E 101- 43100 -310 Miscellaneous $18.00 827076 .DRUG SCREEN - RICK KNUTSON Total SCREENING & SELECTION SERVICES $18.00 ' Unpaid - �.mz,. SUPERIOR LAW & SNOW • E 101 - 41940 -390 Contracted Services $1,740.97 596 ' MONTHLY LAWN MAINT E 101 -45200 -390 Contracted Services $6,838.06 596 MONTHLY LAWN MAINT E 602 -49450 -390 Contracted Services $534.17 596 MONTHLY LAWN MAINT E 601 -49400 -390 Contracted Services $534.17 596 MONTHLY LAWN MAINT Total SUPERIOR LAWN & SNOW $9,647.37 Unpaid SWENSON CONSTRUCTION HOMES G 701 -22359 SWENSON REZONE $115.31 ESCROW REFUND - SWENSON PROP R Total SWENSON CONSTRUCTION HOMES $115.31 Unpaid TOMARK SPORTS • CITY OF OTSEGO 06/09/05 9:03 AM Page 7 *Check Detail Register© JUNE 2005 Check Amt Invoice Comment E 203 - 45210 -501 Equipment $1,589.91 0287633 BALLFIELD EQUIP /SUPPLIES Total TOMARK SPORTS $1,589.91 Unpaid TOSHIBA AMERICA INFO SYS INC E 101 - 41400 -413 Office Equipment Rental $211.83 42158828 TOSHIBA COPIER Total TOSHIBA AMERICA INFO SYS INC $211 Unpaid US BANK E 365 -47000 -602 Bond Interest $45,117.88 801117600 INTEREST IMPROV BONDS 2004 Total US BANK $45,117.88 E 602- 49450 -210 Operating Supplies (GENERAL) $6,492.38 975811 WWTP SUPPLIES E 602 -49450 -210 Operating Supplies (GENERAL) $81.83 975811 WWTP SUPPLIES /RAIN JACKET Total USA BLUE BOOK $6,574.21 Unpaid WASTE MANAGEMENT E 101 -43620 -390 Contracted Services $7,137.63 19002- 1706 -6 RECYCLING Total WASTE MANAGEMENT $7,137.63 Unpaid WRIGHT COUNTY AUDITOR - TREASURE E 101 -42100 -390 Contracted Services $46,476.67 PATROL -05-6 MONTHLY BILLING • Total WRIGHT COUNTY AUDITOR- TREASURE $46,476.67 ipaid n WRIGHT COUNTY «RECORDER m w_�� E 101 41400 - 340 Recording Fees $19.50 VACATION - CEDERBERG ESTATES Total WRIGHT COUNTY RECORDER $19.50 Unpaid XEROX CORPORATION E 101 -41400 -413 Office Equipment Rental $507.66 10104190 XEROX COPIER LEASE Total XEROX CORPORATION $507.66 Unpaid ZIEGLER CONSTRUCTION CO INC E 702 - 41400 -310 Miscellaneous $1,000.00 13864 88TH CT- LANDSCAPE ESC RE Total ZIEGLER CONSTRUCTION CO INC $1,000.00 10100 BANK OF ELK RIVER $344,835.30 CITY OF OTSEGO 06/09/05 9:03 AM Page 8 *Check Detail Register© JUNE 2005 Check Amt Invoice Comment Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $91,408.34 203 PARK DEVELOPMENT $3,049.11 211 Albertville Fire District $15,830.44 250 BUILDING PERMIT FEES $9,320.21 365 Quaday Debt Service -2004 Bond $45,117.88 414 Revolving Capital Improvements $20,104.73 426 Quaday & 78th PROJECT $38,062.33 427 MACIVER/70TH ST ACCESS $80.00 428 WEST WATER PROJ $564.30 432 East WWTP Phase III $7,408.35 475 Waterfront East $738.81 601 WATER FUND $1,846.89 602 SEWER FUND $21,122.15 701 DEVELOPMENT ESCROWS FUND $87,181.76 702 BUILDERS ESCROW FUND • $3,000.00 $344,835.30 CITY OF OTSEGO 05/31/05 1:10 PM Page 1 *Check Summary Register© MAY 2005 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid ANDY JR SIGNS $175.72 'MAG CAR SIGNS FOR DAN LICHT & LAURIE UnPaid CITY OF ELK RIVER $89,332.00 2005 FIRE CONTRACT UnPaid CITY OF MONTICELLO $348.00 APRIL ANIMAL CONTROL UnPaid ECM PUBLISHERS INC $841.50 ORDINANCE UnPaid HALLMAN OIL COMPANY $1,356.66 GASOLINE UnPaid MN DEPT OF PUBLIC SAFETY $200.00 HAZ MAT FEE - PUMPHOUSE 2 (77TH ST) UnPaid PEOPLE SERVICE INC. $21,229.00 WATER/WASTEWATER MONTHLY SVC UnPaid RANDY'S SANITATION $148.04 8899 NASHUA - TRASH SVC UnPaid REED BUSINESS INFORMATION $383.80 CONSTRUCTION BULLETIN MAGAZINE UnPaid TR COMPUTER SALES LLC $2,280.18 PERMITWORKS SCHEDULER UnPaid US HOME CORPORATION $3,100.00 5473 RAMIER AVE - E SAC FEE REIMBURS UnPaid VINTAGE GOLF COURSE $25.00 REFUND OF OVERPAYMENT UnPaid VINYL GRAPHICS $150.00 DECALS UnPaid WRIGHT - HENNEPIN CO -OP ELE $4,840.95 ODEAN /88TH - AID TO CONSTRUCTION UnPaid XCEL ENERGY $17.74 17388 52ND STREET Total Checks $124,428.59 - ILTER: None CITY OF OTSEGO 05/31/05 1:10 PM Page 1 *Check Detail Register© MAY 2005 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid ANDY JR SIGNS E 101 - 41400 -203 Supplies - General $175.72 1333 MAG CAR SIGNS FOR DAN LICHT & Total ANDY JR SIGNS $175.72 Unpaid CITY OF ELK RIVER E 210 - 42200 -390 Contracted Services $82,665.00 2005178 2005 FIRE CONTRACT E 210 -42200 -390 Contracted Services $6,667.00 2005178 BALANCE 2004 FIRE CONTRACT Total CITY OF ELK RIVER $89,332.00 Unpaid CITY OF MONTICELLO E 101 - 42710 -390 Contracted Services $348.00 7921 APRIL ANIMAL CONTROL Total CITY OF MONTICELLO $348.00 Unpaid ECM PUBLISHERS INC E 101- 41400 -350 Print/Binding (GENERAL) $112.20 190532 PUBLIC HEARING E 101 - 41400 -350 Print/Binding (GENERAL) $62.70 190533 PUBLIC HEARING E 101 - 41400 -350 Print/Binding (GENERAL) $46.20 190534 PUBLIC HEARING E 101 - 41400 -350 Print/Binding (GENERAL) $42.90 190535 PUBLIC HEARING E 101 -41400 -350 Print/Binding (GENERAL) $79.20 190536 ORDINANCE E 101 -41400 -350 Print/Binding (GENERAL) $85.80 190537 ORDINANCE E 101 - 41400 -350 Print/Binding (GENERAL) $56.10 191019 [PUBLIC HEARING E 101 -41400 -350 Print/Binding (GENERAL) $59.40 191020 PUBLIC HEARING E 101 - 41400 -350 Print/Binding (GENERAL) $62.70 191021 PUBLIC HEARING E 101 - 41400 -350 Print/Binding (GENERAL) $184.80 191022 ORDINANCE E 101 -41400 -350 Print/Binding (GENERAL) $49.50 191023 ORDINANCE Total ECM PUBLISHERS INC $841.50 Unpaid HALLMAN OIL COMPANY E 101-43100-202 Gas & Oil $584.32 152334 GASOLINE E 101 -43100 -202 Gas & Oil $772.34 152335 DIESEL FUEL Total HALLMAN OIL COMPANY $1,356.66 Unpaid MN DEPT OF PUBLIC SAFE E 601 -49400 -220 Repair /Maint Supply (GENERAL) $25.00 86999000304 HAZ CHEM INV FEE - PWS - (83RD E 601 - 49400 -220 Repair /Maint Supply (GENERAL) $75.00 86999000304 HAZ MAT FEE - PWS (83RD AVE) E 601- 49400 -220 Repair /Maint Supply (GENERAL) $25.00 86999000404 HAZ CHEM INV FEE - PUMPHOUSE 2 E 601- 49400 -220 Repair /Maint Supply (GENERAL) $75.00 86999000404 HAZ MAT FEE - PUMPHOUSE 2 (77T Total MN DEPT OF PUBLIC SAFETY $200.00 Unpaid PEOPLE SERVICE INC. E 601 - 49400 -390 Contracted Services $5,411.36 9261 WATER/WASTEWATER MONTHLY SVC E 602 -49450 -390 Contracted Services $15,187.64 9261 WATER/WASTEWATER MONTHLY SVC E 602- 49450 -390 Contracted Services $517.50 9261 LABOR - OXIDATION DITCH WORK E 601 -49400 -390 Contracted Services $112.50 9261 LABOR - OXIDATION DITCH WORK Total PEOPLE SERVICE INC. $21,229.00 Unpaid RANDY'S SANITATION E 101 -43100 -325 Garbage Service $85.56 MAY SVC 8899 NASHUA - TRASH SVC E 101 -41940 -325 Garbage Service $62.48 MAY SVC 13474 - 95TH ST - TRASH SVC Total RANDY'S SANITATION $148.04 Jnpaid REED BUSINESS INFORMATION E 101 - 43100 -350 Print/Binding (GENERAL) $383.80 2909199 CONSTRUCTION BULLETIN MAGAZINE Total REED BUSINESS INFORMATION $383.80 Unpaid TR COMPUTER SALES LLC E 250 -42410 -390 Contracted Services $1,805.18 14645 PERMITWORKS SCHEDULER CITY OF OTSEGO 05/31/05 1:10 PM Page 2 *Check Detail Register© • MAY 2005 Check Amt Invoice Comment E 250 - 42410 -390 Contracted Services $475.00 14649 INSTALLATION LABOR Total TR COMPUTER SALES LLC $2,280.18 Unpaid US HOME CORPORATION R 315 -34407 Sewer Availability Charge $3,100.00 5473 RAMIER AVE - E SAC FEE RE Total US HOME CORPORATION $3,100.00 Unpaid VINTAGE GOLF COURSE R 101 -32100 Business Licenses /Permits $25.00 REFUND OF OVERPAYMENT Total VINTAGE GOLF COURSE $25.00 Unpaid VINYL GRAPHICS E 101 - 45200 -400 Repairs & Maint Cont (equip) $150.00 2705 DECALS Total VINYL GRAPHICS $150.00 Unpaid WRIGHT - HENNEPIN CO -0P ELECTRIC E 601- 49400 -390 Contracted Services $1,979.50 14804 MONTHLY MAINTENANCE FEE E 602 - 49450 -390 Contracted Services $1,979.50 14804 MONTHLY MAINTENANCE FEE E 101- 43160 -530 Improvements Other Than Bldgs $881.95 5016337900 ODEAN /88TH - AID TO CONSTRUCT! Total WRIGHT - HENNEPIN CO -OP ELECTRIC $4,840.95 Unpaid XCEL ENERGY E 602 - 49450 -322 Utilities $17.74 17388 52ND STREET Total XCEL ENERGY $17.74 10100 BANK OF ELK RIVER $124,428.59 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $4,310.67 210 ER Fire District $89,332.00 250 BUILDING PERMIT FEES $2,280.18 315 W & S DEBT SERVICE FUND $3,100.00 601 WATER FUND $7,703.36 602 SEWER FUND $17,702.38 $124,428.59 CITY OF OTSEGO 05/25/05 11:16 AM Page 1 *Check Summary Register© MAY 2005 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid CAROL OLSON $741.00 5/10 THRU 5/19 - 57 HRS UnPaid DAVID P PETERSON $63.00 REFUND - OVERPAYMENT ON ENFORCEM UnPaid FORTIS BENEFITS INSURANCE $175.50 SHORT TERM DISABILITY UnPaid G R MECHANICAL PLUMBING & $32.50 PLAN REVIEW FEE REIMBURSEMENT UnPaid HOLLERMANN TRUCKING $7,523.74 HAULING /LIME FOR 4 BASEBALL FIELDS UnPaid ICMA RETIREMENT TRUST $537.31 PPE 5/21/05 CH DTD 5/25/05 UnPaid JERRY OLSON $2,012.50 5/;10 THRU 5/19 - 57.5 HRS UnPaid MINNESOTA LIFE $160.40 LIFE INSURANCE UnPaid MN DEPT OF HEALTH $150.00 PLAN REVIEW - RD IMPR - MISS SH 6 & 7 UnPaid MN POLLUTION CONTROL $640.00 SANITARY SWR EXT PERMIT UnPaid PIPE SERVICES $34,582.93 EAST SEWER CLEANING UnPaid PUBLIC EMPLOYEES RETIREME $2,146.67 PPE 5/21/05 CH DTD 5/25/05 UnPaid WRIGHT COUNTY AUDITOR -TRE $41.75 SPEC ASSESSMENT #118 - 500 - 173400 Total Checks $48,807.30 FILTER: None • CITY OF OTSEGO 05/25/05 11:16 AM Page 1 *Check Detail Register© MAY 2005 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid CAROL OLSON E 101- 41400 -104 Part-time - Employees Regular $741.00 5/10 THRU 5/19 - 57 HRS Total CAROL OLSON $741.00 Unpaid DAVID P PETERSON R 101 -36200 Miscellaneous Revenues $63.00 'REFUND - OVERPAYMENT ON ENFORC Total DAVID P PETERSON $63.00 ......... . Unpaid FORTIS BENEFITS INSURANCE CO E 101- 41600 -130 Employer Paid Ins (GENERAL) $13.50 JUNE SHORT TERM DISABILITY E 101- 41400 -130 Employer Paid Ins (GENERAL) $54.00 JUNE SHORT TERM DISABILITY E 101 - 43100 -130 Employer Paid Ins (GENERAL) $40.50 JUNE SHORT TERM DISABILITY E 250- 42410 -130 Employer Paid Ins (GENERAL) $67.50 JUNE SHORT TERM DISABILITY Total FORTIS BENEFITS INSURANCE CO $175.50 Unpaid G R MECHANICAL PLUMBING & HEAT R 250 -32260 BUILDING PERMITS $32.50 PLAN REVIEW FEE REIMBURSEMENT Total G R MECHANICAL PLUMBING & HEAT $32.50 Unpaid HOLLERMANN TRUCKING E 101 -45200 -390 Contracted Services $7,523.74 HAULING /LIME FOR 4 BASEBALL Fl Total HOLLERMANN TRUCKING $7,523.74 _ inpaid ICMA RETIREMENT TRUST — G 101 -21705 Other Retirement $345.00 PPE 5/21/05 CH DTD 5/25/05 E 101- 41400 -121 PERA $192.31 PPE 5/21/05 CH DTD 5/25/05 Total ICMA RETIREMENT TRUST $537.31 Unpaid JERRY OLSON E 250 - 42410 -390 Contracted Services $2,012.50 5/10 THRU 5/19 - 57.5 HRS Total JERRY OLSON $2,012.50 Unpaid MINNESOTA LIFE E 250 - 42410 -130 Employer Paid Ins (GENERAL) $28.50 JUNE LIFE INSURANCE E 101 - 43100 -130 Employer Paid Ins (GENERAL) $105.70 JUNE LIFE INSURANCE E 101- 41400 -130 Employer Paid Ins (GENERAL) $22.10 JUNE LIFE INSURANCE E 101 - 41600 -130 Employer Paid Ins (GENERAL) $4.10 JUNE LIFE INSURANCE Total MINNESOTA LIFE $160.40 Unpaid MN DEPT OF HEALTH E 414 -43100 -302 Engineering Fees $150.00 PLAN REVIEW - RD IMPR - MISS Total MN DEPT OF HEALTH $150.00 Unpaid — MN MN POLLUTION CONTROL E 414 - 43100 -302 Engineering Fees $240.00 SANITARY SWR EXT PERMIT E 414 - 43100 -302 Engineering Fees $400.00 NPDES GEN STORM WATER PERMIT Total MN POLLUTION CONTROL $640.00 Unpaid PIPE SERVICES E 602 - 49450 -390 Contracted Services $34,582.93 PAY 2 EAST SEWER CLEANING Total PIPE SERVICES $34,582.93 Unpaid PUBLIC EMPLOYEES RETIREMENT FD • E 101 -43100 -121 PERA $323.20 PPE 5/21/05 CH DTD 5/25/05 E 101- 41400 -121 PERA $184.35 PPE 5/21/05 CH DTD 5/25/05 G 101 -21704 PERA $1,029.91 PPE 5/21/05 CH DTD 5/25/05 E 250 - 42410 -121 PERA $477.17 PPE 5/21/05 CH DTD 5/25/05 CITY OF OTSEGO 05/25/05 11:16 AM Page 2 *Check Detail Register© MAY 2005 Check Amt Invoice Comment E 101- 41600 -121 PERA $132.04 PPE 5/21/05 CH DTD 5/25/05 Total PUBLIC EMPLOYEES RETIREMENT FD $2,146.67 Unpaid WRIGHT COUNTY AUDITOR - TREASURE E 101 - 41400 -310 Miscellaneous $41.75 SPEC ASSESSMENT #118- 500 -17340 Total WRIGHT COUNTY AUDITOR - TREASURE $41.75 10100 BANK OF ELK RIVER $48,807.30 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $10,816.20 250 BUILDING PERMIT FEES $2,618.17 • 414 Revolving Capital Improvements $790.00 602 SEWER FUND $34,582.93 $48,807.30 • dfa transmittal l %' kAy ,„ , 1 ' .1 'ton Farber Associates Landscape Architecture Site Planning And Urban Design _.� Date May 17, 2005 Attention Judy Hudson Company City of Otsego 8899 Nashua Ave NE Otsego, MN 55330 Copy To Mike Robertson, City of Otsego Howard Jacobson, American Liberty Construction File 04 -123 DFA Number Lilypond Park 04 -123 Transmitting Prints Attached For your Approval Specifications Separate Cover For your Use z Electronic Media Messenger As Requested Fax US Mail Review and Comment E -mail File Other Description I have attached the Application and Certificate for Payment Number Six for the work at Lilypond Park. I am submitting this letter of approval for Application and Certificate for Payment Number Five dated May 2, 2005 in the amount of Eighteen thousand six hundred dollars ($18,600.00). This application covers work performed up to April 30, 2005. (See page 2 of 2 on the Application and Certificate for Payment for completed percentages.) I am satisfied that the work American Liberty Construction has performed to this point is reflected in the pay application document. I have reviewed, approved and signed the Application and Certificate for Payment. Please let me know if you have any questions. Thank you. Sincerely, DAMON FARBER ASSOCIATES Ellen C. Stewart, ASLA 923 Nicollet Mall, Minneapolis, Minnesota 55402 Phone 612- 332 -7522 Fax 612 -332 -0936 estewart @damonfarber.com APPLICATION AND CERTIFICATE FOR PAYMENT Page One of 2 TO OWNER: PROJECT: APPLICATION #: SIX Distribution to: Mike Robertson - City Administrator Lilypond Park PERIOD TO: 4/30/2005 ❑ OWNER City of Otsego, 8899 Nashua Ave. NE, Otsego, MN Otsego, MN PROJECT #S: 0 ARCHITECT FROM CONTRACTOR: VIA ARCHITECT: DFA # 04 -123 ❑ CONTRACTOR American Liberty Construction, Inc. Damon Farber Associates ❑ P.O. Box 547, Rockford, MN 55373 923 Nicollet Mall CONTRACT DATE: ❑ CONTRACT FOR General Construction Minneapolis, MN 55402 June 1, 2004 The undersigned Contractor certifies that to the best of the Contractor's Knowledge, CONTRACTOR'S APPLICATION FOR PAYMENT information and belief, the Work covered by this Application for Payment has been Application is made for payment, as shown below, in connection with completed in accordance with the Contract Documents, that all amounts have been paid by the Contract. Continuation sheet is attached. the Contractor for Work for which previous Certificates for Payment were issued and 1). ORIGINAL CONTRACT SUM $345,400.00 payment s received fro the Owner, and teat current payment shown is herein now due. . 2). Net change by Change Order ..... ......... _ CO_NTRACTO'■-, _ ® . . -lam ^ me 3). CONTRACT SUM TO DATE (Line 1 +/- 2) $408,734.17 a 4). TOTAL COMPLETED AND STORED TO DATE .... $399,307.13 By: • Howard 0. Jacobson -:Pre, Date: 5/2/2005 (Column G on Cont. Sheet) 5). RETAINAGE: State of: Minnesota County of: Wright. ,..:_ < -:: a). 0 % of Completed Work $0.00 Subscribed and sworn to before K'�Kuv (Columns D + E on Cont. Sheet) me this 2nd ,. day of May ') f, ` jt yENDY LEE ZgHhpt.�/ b). 0 % of Stored Material $0.00 ' = (Column F on Cont. Sheet) / NOT ARY PUBLIC - MINNESOTA Total Retainage (Line 5a + 5b or $0.00 Notary Public: 9 Commission Expires Jan. 3t,2008 Total in Column I of Cont. Sheet) My Commission expires: 01/31/2005 " 6). TOTAL EARNED LESS RETAINAGE $399,307.13 ARCHITECT'S CERTIFICATION FOR PAYMENT (Line 4 less Line 5 Total) 7). LESS PREVIOUS CERTIFICATES FOR PAYMENT .. , $380,707.13 In accordance with the Contract Documents, based on on -site observations and the data (Line 6 from previous Certificate) comprising this application. The Architect certifies to the Owner that to the best of the 8). CURRENT PAYMENT DUE I $18,600.00 I Architect's knowledge, information and belief the Work has progressed as indicated, the 9). BALANCE TO FINISH, INCLUDING RETAINAGE quality of the Work is in accordance with the Contract Documents, and the Contractor is (Line 3 less Line 6) $9,427.04 entitled to payment of the AMOUNT CERTIFIED. =:;:� AMOUNT CERTIFIED $ /b, tea - CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS (Attach explanation if amount certified differs from the amount applied for. Initial all figures Total changes approved in on this Application and on the Continuation Sheet that are changed to conform to the previous months by Owner $50,760.17 ($6,026.00) amount certified.) Total approved this Month $18,600:00 $0.00 ARCITh TOTALS $69,360.17 1 1 / Date:.- / /`�� NET $63733471-7 This- Certific e i ($6,026.00) By: J : �,� . s- is— The_AMO.UNT CERTIEIED_is_pay_ab a on y to the NOTE: Invoices unpaid after 30 days incur interest from invoice date at 18% APR. Contractor named herein. Issuance, payment and acceptance of payment are without Prepared by American Liberty Construction, Inc. prejudice to any rights of the Owner or Contractor under this Contract. P.M.: I1. Jacobson Proj. #: 0406 Lilypond Park Period From: 11 /30/04 Appl. Date: 05/02/05 Otsego, MN To: 04/30/05 Archt's Proj. #: 04 -123 A B C D E F 0 H I Previous ork m Place atl. Stored' Total Completed Complete Balance to Cat. No. Description Scheduled Value Applications This Period This Period and Stored % Finish Retainage 01000 General Conditions $17,615.00 $17,615.00 $0.00 $0.00 $17,615.00 100% $0.00 _ $0.00 00600 Bond/insurance $5,181.00 $5,181.00 ,. : $0.00 $0.00 $5,181.00 100% _ $0.00 _ $0.00 02200(s) Earthwork $34,700:00 $34,700.00 $0.00 $0.00 $34,700.00 100% $0.00 _ $0.00 02230(s) Site Clearing $8,000.00 $8,000.00 $(1.00 $0.00 $8,000.00 100% _ $0.00 _ $0.00 02511(s) Asphalt Pavement $46,170.00 $46,170.00 $0.00 $0.00 $46,170.00 100% $0.00 _ $0.00 02830(s) Fencing $5,155.00 $5,155.00 $0.00 ' $0.00 $5,155.00 100% $0.00 _ $0.00 02870(s) Site Furnishings $31,115.00. ' $31,115.00 $0.00 $0.00 $31,115.00 100% $0.00 $0.00 02872(s) Pavilion $19,200.00 $19;200.00 $0.00 $0:00 $19,200.00 100% $0.00 _ $0.00 02881(s) Play Equipment • -'-. $75,265.00 - $75,265.00 • : _-', . $0.00. $0.00 - $75,265.00 100% .. . $0.00 _ ., _= $0..00, 02882(s) Wood Fiber Playsurface $4,600.00. $4,600.00. $0:00. $0.00. $4,600.00 100% $0.00 $0.00 _ 02900(s) Landscaping $24,449.00 $23,226.55 " $0.00' .$0.00 $23,226.55 95 %$12 <22 45 $0.00 02930(s) Sodding $1,290.00 '$1,290:00.. $0.00': $0:00 $1,290.00 100% $0.00 $0.00 02932(s) Seeding $3,420.00 $0 00' - $0:00.. $0.00 $0.00 0 %1 , u $0.00 03100(s) Concrete Parking Curbs $19,662.00 $19,662.00' ' .'- $0:00. $0:00. $19,662.00 100% $0.00 _ $0.00 03101(s) Conc. Pavement Play Curbs $31,890.00. $31,890 $0.00 $0.00 $31,890.00 100 %_ $0.00 $0.00 $0:00'' $0:00" $0.00 $0.00 #DIV /0! $0.00 $0.00 SUBTOTAL r $327,712.00 I $323,069.55 $0.00 $0.00 $323,069.55 99% $4,642.45 $0.00 17000 Fee (G) $17,688.00 t $17,503, 4 $0.00 r $0.00 $17,503.41 99% $184.59 $0.00 Original Contract Amount ( $345,400.00 $340,572.96 $0.00 $0.00 $340,572.96 99% $4,827.04 $0.00 Change Orders: One Deduct picnic tables ($5,620.00)' . ($5,620.00) $0.00. $0.00 ($5,620.00) 100% $0.00 r $0.00 Two Add tennis court , $30,751.32 $26,151,32 : $0.00 $0.00 $26,151.32 85 %E $4;6000. a 0 ' $0.00 Three Add wood chips for Owner $2,708.85 $2,708.85 $0...00 $0:00 $2,708.85 100% _ $0.00 $0.00 Four Prairie Park Improvements $17,300:00 $17,300.00 $0 :00 $0.00 $17,300.00 100% $0.00 $0.00 Five Credit wood trail`sod ($406.00) ($406.60)7..:, $0.00 ($406.00) 100% _ $0.00 $0.00 Seven Prairie Park outfield. fence $18,600.00 $0.00 $_1•8,600.00 $0.00 $18,600.00 100% $0.00 $0.00 $0.00 '$0.00 $0.00 $0.00 #DIV /0! $0.00 $0.00 Current Contract Amount $408,734.17 $380,707.13 $18,600.00 $0.00 $399,307.13 98% $9,427.04 $0.00 Request for Change Orders (Unapproved) Six Owner testing $0.00 $0.00 $0.00 $0.00 #DIV /0! $0.00 $0.00 Eigtrt Prairie Park play equpfhood $0 :00 $0 :00 $0:00 $0:00 -- #DIV /0! $0:00 $0:00 7 Estimated Contract Amount $408,734.17 $380,707.13 $18,600.00 $0.00 $399,307.13 98% $9,427.04 $0.00 0406 ess /values06.xls AMERICAN LIBERT ONSTRUCTION, INC. 2 of 2 Schedule of Valu .s / Pay Application NAC NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231 - .2561 planners @nacplanning.com ITEM 5.3 MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 7 June 2005 RE: Otsego — Zoning Ordinance; WS District Boundaries NAC FILE: 176.23 The Planning Commission held a public hearing on 6 June 2005 to consider an amendment to the Zoning Ordinance and Zoning Map pertaining to certain property removed from the WS, Wild Scenic Recreation River Overlay District by an act of the Legislature and signed by the Governor. There were no comments from the public and no discussion by the Planning Commission. The Planning Commission closed the public hearing and voted 6 -0 to recommend approval of the proposed amendment. The proposed amendment is to be considered on 13 June 2005 as a consent agenda item for the regular City Council meeting. c. Mike Robertson Judy Hudson Ron Wagner Andy MacArthur Bruce Pankonin • ORDINANCE NO.: 2005 -12 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE BOUNDARIES OF THE WILD SCENIC RECREATIONAL RIVER DISTRICT. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20- 95 -5.B of the Zoning Ordinance is hereby amended to read as follows: B. Within the WSRR District west of State Highway 101 within Sections 14, 23, 26, and Government Lot 1 and the East 1/2 of the East 1/2 of the Southeast 1/4 of Section 15, Township 121 North, Range 23 West (Subdistrict B) the following are permitted uses: 1. Those permitted and accessory use designations as defined and allowed in the base zoning districts set forth on the Otsego Zoning Map, as amended and classified as B -1, B -2, B -3, B -W, B -C, I-1,1-2, I -3, INS and PUD established by Section 50 of this Chapter. These land use districts and uses are in conformance with the criteria for Urban river class standards in Minnesota Rules, parts 6120.3100 and 6120.3200. Section 2. Section 20- 95 -6.B of the Zoning Ordinance is hereby amended to read as follows: B. Within the WSRR District west of State Highway 101 within Sections 14, 23, 26, and Government Lot 1 and the East 1/2 of the East 1/2 of the Southeast 1/4 of Section 15, Township 121 North, Range 23 West (Subdistrict B) the following are conditional uses: 1. Those conditional and interim use designations as defined and allowed in the base zoning districts set forth on the Otsego Zoning Map, as amended and classified as B -1, B -2, B -3, B -W, B -C, I-1,1-2, I -3, INS andPUD, established by Section 50 of this Chapter. These land use districts and uses are in conformance with the criteria for Urban river class standards in Minnesota Rules, parts 6120.3100 and 6120.3200. 1 Section 3. Section 20- 95 -7.D of the Zoning Ordinance is hereby amended to read as follows: D. The WSRR District west of State Highway 101 within Sections 14, 23, 26, and Government Lot 1 and the East 1/2 of the East 1 /2'of the Southeast 1/4 of Section 15, Township 121 North, Range 23 West (Subdistrict B) shall conform to the provisions and administrative procedures of Minnesota Rules, parts 6105.0010 to 6105.0090; 6105.0100, subparts 1 and 2; Urban river class standards in 6120.3100, 6120.3200, and 6120.3300, subpart 2b; 6120.3300, subparts 7 to 12; 6120.3800; and 6105.0110 to 6105.0250 with the following exceptions to the provisions of these parts. Where these standards conflict with the standards of the base zoning districts, the more restrictive standard shall prevail. Non - Sewered Sewered 1. Lot Requirements: a. Lot Area: Riparian 1 acre 20,000 SF Nonriparian 1 acre 15,000 SF b. Lot width at the water line and building line: 150 feet 75 feet 2. Principal Structure Setbacks: a. Setback from ordinary high water level of Mississippi River: 100, feet 75 feet b. Bluffline: 30 feet 30 feet c. Front Yard: Setbacks Setbacks From From Right Road Class Centerline of -Way Lines State/Federal Highway 130 feet 65 feet County Road 130 feet 65 feet Local Road 65, feet 35 feet Where a lot is located at the intersection of two (2) or more roads or highways which bound two (2) or more sides of the lot, no building shall project beyond the front yard line of either road. Non- Sewered Sewered d. Side Yard: 10 feet 10 feet e. Rear Yard: 50 feet 30 feet 3. Accessory Structure Setbacks: Accessory structure setbacks as regulated by Section 20 -16 -4 of this Chapter, and the following additional structure setbacks: Non - sewered Sewered a. Setback from ordinary high water level of Mississippi River: 100 feet 75 feet b. Bluffline: 30 feet 30 feet 4. Impervious Surface Requirements: Impervious surface coverage requirements in Minnesota Rules, part 6120.3300, subpart 11B, may be varied without a variance if all of the following criteria and standards are met: a. All structures and impervious surfaces are located on slopes less than twelve (12) percent. The physical alteration of slopes shall not be permitted for the purpose of overcoming this limitation. b. The site development is designed, implemented, and maintained using the most applicable combination of comprehensive practices that prevent flooding, pollutant, erosion and sedimentation problems consistent with Protecting Water Quality in Urban Areas, Best Management Practices for Minnesota, Minnesota Pollution Control Agency, October 1989, or as amended, which is incorporated by reference, available at the State Law Library and not subject to frequent change. c. A site development, maintenance, and inspection plan incorporating the comprehensive practices in b,' above, is submitted and approved by the City of Otsego prior to the issuance of an impervious surfacing permit and the plan is implemented. d. An impervious surfacing permit 'is granted by the City of Otsego which imposes the conditions of Section 74.9.A.3 of this Chapter. The City may impose additional conditions if determined necessary to protect the public health, safety, and welfare. Section 4. 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 5. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 13 day of June, 2005. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator /City Clerk NAC NORTHWEST ASSOCIATED CONSULTANTS, INC. ' 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231.2561 planners @nacplanning.com ITEM 5.4 MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 7 June 2005 RE: Otsego — Zoning Ordinance; C/I Front Setbacks NAC FILE: 176.23 The Planning Commission held a public hearing on 6 June 2005 to consider an amendment to the Zoning Ordinance reducing the front yard setbacks for commercial, industrial and institutional uses based on the directives of the Comprehensive Plan. There were no comments from the public. The Planning Commission discussed the site planning implications of the proposed amendments and concluded that the change would be positive. The Planning Commission closed the public hearing and voted 6 -0 to recommend approval of the proposed amendment. The proposed amendment is to be considered on 13 June 2005 as a consent agenda item for the regular City Council meeting. c. Mike Robertson Judy Hudson Ron Wagner Andy MacArthur ORDINANCE NO.: 2005 -13 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO MODIFYING THE FRONT YARD SETBACK REQUIREMENTS FOR COMMMERCIAL, INDUSTRIAL AND INSTITUTIONAL ZONING DISTRICTS AS DIRECTED BY THE COMPREHENSIVE PLAN. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES I1IEREBY ORDAIN: Section 1. Section 20- 75 -7.C.1 of the Zoning Ordinance is hereby amended to read as follows: 1. Front yards: Setbacks Setbacks From From Right - Centerline of -Way Lines 65 feet 30 feet Where a lot is located at the intersection of two (2) or more streets or highways which bound two (2) or more sides of the lot, no building shall project beyond the front yard line of either street. Section 2. Section 20- 76 -7.C.1 of the Zoning Ordinance is hereby amended to read as follows: 1. Front yards: Setbacks Setbacks From From Right - Centerline of -Way Lines 65 feet 30 feet Where a lot is located at the intersection of two (2) or more streets or highways which bound two (2) or more sides of the lot, no building shall project beyond the front yard line of either street. Section 3. Section 20- 77 -7.C.1 of the Zoning Ordinance is hereby amended to read as follows: 1. Front yards: Setbacks Setbacks From From Right - Centerline of -Way Lines 65 feet 30 feet Where a lot is located at the intersection of two (2) or more streets or highways which bound two (2) or more sides of the lot, no building shall project beyond the front yard line of either street. Section 4. Section 20- 78 -7.C.1 of the Zoning Ordinance is hereby amended to read as follows: 1. Front yards: Setbacks Setbacks From From Right - Centerline of -Way Lines 65 feet 30 feet Where a lot is located at the intersection of two (2) or more streets or highways which bound two (2) or more sides of the lot, no building shall project beyond the front yard line of either street. Section 5. Section 20- 79 -7.C.1 of the Zoning Ordinance is hereby amended to read as follows: 1. Front yards: Setbacks Setbacks From From Right - Centerline of -Way Lines 65 feet 30 feet Where a lot is located at the intersection of two (2) or more streets or highways which bound two (2) or more sides of the lot, no building shall project beyond the front yard line of either street. • • Section 6. Section 20- 85 -7.C.1 of the Zoning Ordinance is hereby amended to read as follows: • 1. Front yards: Setbacks Setbacks From From Right - Centerline of -Way Lines 65 feet 30 feet Where a lot is located at the intersection of two (2) or more streets or highways which bound two (2) or more sides of the lot, no building shall project beyond the front yard line of either street. Section 7. Section 20- 86 -8.C.1 of the Zoning Ordinance is hereby amended to read as follows: 1. Front yards: Setbacks Setbacks From From Right - Centerline of -Way Lines 65 feet 30 feet Where a lot is located at the intersection of two (2) or more streets or highways which bound two (2) or more sides of the lot, no building shall project beyond the front yard line of either street. Section 8. Section 20- 87 -7.C.1 of the Zoning Ordinance is hereby amended to read as follows: 1. Front yards: Setbacks Setbacks From From Right - Centerline of -Way Lines 65 feet 30 feet Where a lot is located at the intersection of two (2) or more streets or highways which bound two (2) or more sides of the lot, no building shall project beyond the front yard line of either street. • Section 9. Section 20- 90 -7.B.1 of the Zoning Ordinance is hereby amended to read as follows: 1. Schools, Hospitals, and Public Works Facilities: a. Front yard: Setbacks Setbacks From From Right - Centerline of -Way Lines 65 feet 30 feet Where a lot is located at the intersection of two (2) or more streets or highways which bound two (2) or more sides of the lot, no building shall project beyond the front yard line of either street. b. Side Yard: One hundred (100) feet. c. Rear Yard: One hundred (100) feet. 2. All other institutional Uses: a. Front Yard: Same as for Schools, Hospitals, and Public Works Facilities. • b. Side Yard: Fifty (50) feet. c. Rear Yard: Fifty (50) feet., PASSED by the Otsego City Council this 13 day of June, 2005. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator /City Clerk NAC NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231. planners @nacplanning.com ITEM 5.5 MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 7 June 2005 RE: Otsego — City Code; Peddlers Licensing NAC FILE: 176.08 Section 7- 10 -2.0 of the City Code identifies the information that people seeking a peddlers license are required to provide. Item 14 of the existing code section lists submission of "proof of any required county license ". The City has received a letter dated 10 May 2005 from Wright County Deputy Auditor Gloria Gooler stating that the county does not have any licensing requirements that would be applicable to peddlers operating within the City of Otsego. Wright County does administer licenses for transient merchants operating from a stationary location within the City. To avoid confusion as to when a county license is required, the proposed amendment of the City Code has been drafted. Item 14 has been shifted to Item 23 and specifically states that door -to -door solicitations are exempt. This item is to be considered as part of the City Council's consent agenda for 13 June 2005. c. Mike Robertson Judy Hudson Andy MacArthur Gloria Gooier ORDINANCE NO.: 2005 -14 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING CHAPTER 7, SECTION 10 OF THE CITY CODE REGARDING LICENSING OF PEDDLERS AND TRANSIENT MERCHANTS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 7- 10 -2.0 of the City Code is hereby amended to read as follows: C. City License Application: Application for a license to conduct business as a peddler or transient merchant shall be made at least fourteen (14) regular business days before the applicant desires to begin conducting business within city limits. Application for a license shall be made on a form provided by the City Clerk. All applications shall be signed by the applicant. Any fraud, misrepresentation, or false statement on the application shall constitute a violation of this Section. All applications shall include the following information: 1. Applicant's full legal name, and any other names used or known by in the past; 2. All other names under which the applicant conducts business or to which applicant officially answers; 3. A physical description of the applicant (hair color, eye color, height, weight, distinguishing marks and features, etc.); 4. Full address of applicant's permanent residence; 5. Telephone number of applicant's permanent residence; 6. Full legal name of any and all business operation(s) owned, managed, or operated by applicant, or for which the applicant is an employee or agent; 7. Full address of applicant's regular place of business (if any); 8. Any and all business related telephone number(s) of the applicant; 9. The type of business for which the applicant is applying for a license; 10. The dates during which the applicant intends to conduct business and the number of days he or she will be conducting business in the city; 11. Any and all address(es) and telephone number(s) where the applicant can be reached while conducting business within the city, including the location where a transient merchant intends to set up business; 12. A statement as to whether or not the applicant has been convicted within the last five (5) years of any felony, gross misdemeanor or misdemeanor, for violation of any state or federal statute or any local ordinance, other than traffic offenses; 13. A list of the five (5) most recent locations where the applicant has conducted business as a peddler or transient merchant; 14. Written permission of the property owner . or the property owner's agent for any property to be used by a transient merchant; 15. A general description of the items to be sold or services to be provided; 16. All additional information deemed necessary by the city council; 17. A list of all individuals to be covered by a group license; 18. Source of items sold and the item's location at the time of licensing and time of sale; 19. License plate and registration information for any vehicle to be used in conjunction with the licensed business and a description of the vehicle; 20. Applicant's driver's license number or other acceptable form of identification; 21. Recent passport style photograph of applicant; 22. Applicant's social security number. 23. Proof of any required county license for transient merchant activities (not applicable to door -to -door solicitations). Section 2. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this 13 day of June, 2005. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator /City Clerk • FINAL PAYMENT IT 5_6 �� COP 03 -10, PRAIRIE PARK IRRIGATION SUPPLY SYSTEM 13 -Jun -05 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 RE: PRAIRIE PARK IRRIGATION SUPPLY SYSTEM, COP 03-10 . Final Pay Estimate Contractor. E.H. Renner & Sons, Inc. Revised Contract Amount: $ 111,660.00 , Award Date: November 24, 2003 Contract Required Completion Date: April 1, 2004 Dear Honorable Mayor and Council Members: The following work has been completed on the above referenced project: Bid Schedule "A" - Well & Pump _ Estimated Number of Contract Used To Item No. Description Units Unit Unit Price Amount Date Extension 1 Mobilization/Demobilization 1 LS 56,000.00 56,000.00 1 56,000.00 2 Drill/Drive 12' Casing 145 LF 575.00 510,875.00 147 511,025.00 3 First Stage -Drill 11" Open Hole 70 LF 560.00 $4,200.00 105 56,300.00 k 4 PreliminaryTest Pump First Stage Well 1 LS $2,000:00 52,000.00 1 $2,000.00 5 Blast and Bale 50 LBS $20.00 51,000.00 193 53,860.00 6 F.I.R. Development Equipment 1 LS $4,000100 54,000.00 1 54,000.00 7 Develop Well/Sandstone Removal 100 HR 5175.00 $17,500.00 107.5 $18,812.50 8 F.I.R. Test Pump Equipment 1 $2,000:00 52,000.00 1 52,000.00 9 FinalTest Pump Well, Drawdown and Recovery 60 HR 5110.00 56,600.00 49.5 55,445.00 . 10 Disinfed Well 1 LS 5200.00 5200.00 1 5200.00 11 Gamma Log Well 1 LS $1,000:00 $1,000.00 1 51,000.00 12 Video Record Well 1 LS $1,200 :00 51,200.00 1 51,200.00 13 Water Analysis - Report/Permit/Submittals 1 LS 5600.00 5600.00 1 $600.00 14 Site Restoration 1 LS 51,800.00 $1,800.00 1 $1,800.00 15 Plumbness and Alignment 1 LS 5250.00 5250.00 1 5250.00 16 Second Stage -Drill 11" Open Hole 175 LF 550.00 58,750.00 . 17 Second Stage - FillBail Open Hole 3 CY 5300.00 5900.00 18 Second Stage -Set Winner Casing 310 LF 515.00 54,650.00 19 Second Stage - Install Grout 5 CY 5350.00 $1,750.00 4 $1,400.00 20 Submersible Well Pump & Motor 1 EACH 53,450.00 53,450.00 1 53,450.00 21 Electric Cable Submersible (Pump to Well Head 200 LF 52.10 5420.00 92 $193.20 22 3" Drop Pipe 200 LF 56.90 51,380.00 86 5593.40 23 First Stage- 12" Well Pitless Adapter Unit 1. EACH $6,000'.00 $6,000.00 1 56,000.00 24 Second Stage- 8' Well Pitless Adapter Unit 1 EACH 53,000.00 53,000.00 Excavation & Backfill For Pitless Adapter Unit 25 Including Cutting 12 "or 8" Well Casing 1 EACH 52,000.00 52,000.00 1 52,000.00 • New Electrical Service,Varible Frequency Drive and Control Panel,Power and Control Conduits 26 & Wiring For Well Pump 1 LS $9,990.00 59,990.00 1 $9,990.00 Imgatlon Lonnecvon Assembly and Loncrete 27 Pad ( With agreed $600 Deduct for Kele 1 LS 510,145.00 510,145.00 94% $9,545.00 Total - Bid SchQl4 "A" $111,660.00 $97,664.10 07715bpFINAL PAYMENT 6/7/2005 *Y" FINAL PAYMENT COP 03 -10, PRAIRIE PARK IRRIGATION SUPPLY SYSTEM 1 . m.. . tp t'� Total Contract Amount $111,660.00 $97,664.10 TOTAL USED TO -DATE $97,664.10 LESS 0% RETAINAGE LESS PREVIOUS PAYMENTS $91,640.90 Pay Estimate No. 1 $91,640.90 WE RECOMMEND FINAL PAYMENT OF: $6,023.20 APPROVALS: CONTRACTOR: E.H. RENNER & SONS, INC. Certification by Contractor: I certify that all items and amounts are correct for the work completed to date. Signed: Title: 7-.4.-4r--4 • et ,.� : Date: C. -1 ENGINEER: HAKANSON ANDERSON ASSOCIATES, INC. Certification by En. ee7• e recomm .. /: ym for work n. quantities as shown. • Signed: A _ . r.A 11441 !� Title: _ Date: ' , Q OWNER: CITY OF OTSEGO Signed: Title: Date: PE -2 OT715bpFINAL PAYMENT 6/7/2005 • • ITEM 5_7 FINAL PAYM ENT CITY OF OTSEGO SANITARY SEWER CLEANING SERVICES June 13,2005 Honorable M ayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: City of Otsego Sanitary Cleaning Services Final Pay Estim ate Contractor. Pipe Services Contract Amount: $41,000.00 Award Date: October 27, 2004 Completion Date: Decem ber 31, 2005 Schedule 'A' Sewer Cleaning and Video Estimated L Contract . Used to Item No. Description Quantity Contract Unit Price Amount Date Extension • 1 Jet -Vac cleaning of Gravity Sewers 50,000 LF $0.44 LF $22,000.00 59,120 $ 26,012.80 2 Video Recording of Gravity Sewers 50,000 _ LF _ $0.38 :LF _ $19,000.00 59,120 $ 22,465.60 Total Bid Schedule 'A' $41,600.00 $ 48,478.40 SUMMARY OF BIDDING: Bid Schedule 'A' - (Description) $41,000.00 $ 48,478.40 Total Contract Amount $41,000.00 Total Used To -Date $48,478.40 No Retainer • Less Previous Payments $46,054.48 Payment No. 1 $11,471.55 Payment No. 2 $34,582.93 Total Payments $46,054.48 We Recommend Payment of $2,423.92 APPROVALS: CONTRACTOR: PIPE SERVICES Certification by Contractor. I certify that all item s and amounts are correct for the work com pleted to date. Signed: Title: Date ENGINEER: HAKANSO N ANDERSON ASSOCIATES Certification by Engineer. We recom mend payment for work and quantities as shown. Signed: Title: Date OWNER: CITY OF OTSEGO Signed: TRIe: Date • S:\ MunicipaUOTSEGO \622\CLEANING \OT622pe PE -1 6/7 /2005 NAC NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231%2561 planners @nacplanning.com ITEM 7.1 MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 8 June 2005 RE: Otsego — Twin City Bee Keeping NAC FILE: 176.02 — 05.18 The Planning Commission held a public hearing on 6 June 2005 to consider the CUP and site /building plans for the above referenced application. Mr. Steve Fisher of Arrow Companies represented the business owner Kevin and Melanie Youngberg and addressed resolution of the comments by City staff. The only comment from the public was by Tom Brown of Terra Development involved with the proposed development of the Kolles property to the north of the subject site. Mr. Brown said that he hoped there was an opportunity to coordinate the site and building design for this project with their own given the significance of the CSAH 42 and 85 Street intersection. The Planning Commission raised no significant concerns about the project. The Planning Commission closed the public hearing and voted 6 -0 to recommend approval of the requests. The application will be considered by the City Council at their meeting on 13 June 2005 and findings of fact reflecting the recommendations of City staff and the Planning Commission are attached for review. POSSIBLE ACTIONS A. Motion to approve a conditional use permit and site and building plans for Twin Cities Beekeeping, subject to the following conditions: 1. The most current site and building plans received to date and as may be modified below shall be a formal agreement between the developer and the City in accordance with Section 20 -9 -4 of the Zoning Ordinance. 2. The proposed use shall conform to the requirements of Section 16 of the Zoning Ordinance related to noise, odor or other emissions. 3. The proposed building shall comply with the required front yard setback from 85 Street (as may be amended). 4. The landscaping plan shall be revised to: a. Provide plantings to the east of the east driveway the depth of the required front yard. b. Provide foundation plantings the length of the north facade of the building. c. Provide black hills spruce trees at 25 feet on center along the southwest and south edge of the parking /loading area. 5. The parking area shall be striped in accordance with Section 20- 21- 4.H.13 of the Zoning Ordinance. 6. Signs shall conform to the requirements of Section 37 of the Zoning Ordinance and a sign permit is required prior to any construction of signs on the property. 7. Plans for the trash enclosure shall conform to the requirements of Section 20- 16 -15.B of the Zoning Ordinance, subject to review and approval of City staff. 8. The comments and recommendations of the City Engineer memorandum dated 11 May 2005 are addressed, subject to approval of the City Engineer. 9. Applicable SAC/WAC fees for connection to sanitary sewer and water utilities will be determined by City staff and must be paid prior to issuance of a building permit. B. Motion to deny the request based on a finding that the application is inconsistent with the Comprehensive Plan and Zoning Ordinance. C. Motion to table. c. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer Kevin Youngberg, Twin City Beekeeping, Inc. Steve Fisher, Arrow Companies 2 CITY OF 06 -08 -05 OTSEGO IIANAIAIANAIANANAINd FINDINGS & DECISION WRIGHT COUNTY, MINNESOTA CONDITIONAL USE PERMIT APPLICANT: Twin City Bee Keeping APPLICATION: Request for a conditional use permit to allow a candle manufacturing use within a B -W District. CITY COUNCIL MEETING: 13 June 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 property is Lot 1, Block 1 Otsego Business Park, City of Otsego, County of Wright, State of Minnesota. B. The applicant is proposing construction of a 15,000 square foot building for the location of a candle manufacturing use. C. The property lies within the East Sanitary Sewer Service District and is guided for office land uses by the Otsego Comprehensive Plan, as amended. D. The property is zoned B -W, Business Warehousing District. Manufacturing uses are allowed in the B -W District as a conditional use. E. Consideration of the application by the Planning Commission and City Council is to be based upon, but not limited to, the criteria outlined in Section 20 -4 -2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The Comprehensive Plan guides the subject site for office type uses with the intent of providing employment opportunities within the City as well as daytime support for planned retail and service oriented uses to the north. Although the proposed use and building are more industrial in character, the objectives of the Comprehensive Plan are satisfied by allowance of such uses by conditional use permit within the B -W District. 2. The proposed use's compatibility with present and future land uses of the area. Finding. The subject site is surrounded by the following existing /planned uses: Direction Land Use Plan Zoning Map Existing Use North Commercial A -1 District Farm East Office B -W District Otsego Commercial Park South Office A -1 District Undeveloped Rural single family dwellings West M /HD R -6 District Stonegate Estates 1 • The site is planned to be surrounded by uses similar or compatible with the proposed use upon development of land uses guided by the Comprehensive Plan. Interim measures to provide basic screening of the site, particularly the loading areas will address any short term compatibility issues. Compatibility with the townhouse uses west of the subject site are not an issue as CSAH 42 acts as a barrier creating greater physical separation. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The proposed use must and will conform to all applicable performance standards. 4. The proposed use's effect upon the area in which it is proposed. Finding: The proposed development adds employment opportunities to the City, expands tax base and provides daytime support to existing or planned retail service businesses in the immediate area, which are all positive effects. 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 anticipated to generate traffic that is within the capacities of 85 Street and CSAH 42, which are the primary means of access to the site. 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 as it is within the range of uses anticipated by the Comprehensive Plan and Zoning Map for the subject site. F. The planning report 11 May 2005 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. G. The engineering memorandum 11 May 2005 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. H. The Otsego Planning Commission opened a public hearing at their regular meeting on 6 June 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 6 -0 vote that the City Council approve the request based on the aforementioned findings. 2 DECISION: Based on the foregoing information and applicable ordinances, the requested conditional use permit is hereby approved. ADOPTED by the Otsego City Council this 13 day of June, 2005. CITY OF OTSEGO By: Larry Fournier, Mayor Attest: Judy Hudson, Zoning Administrator /City Clerk 3 MEMORANDUM To: Honorable Mayor and City Council cc: Mike Robertson, City Administrator Judy Hudson, City Clerk Ronald J. Wagner, P.E., City Engineer Dan Licht, City Planner Andy MacArthur, City Attorney Steve Fischer, Arrow Construction Jeff Shopek, P.E., Loucks Associates, Inc. From: Shane Nelson, P.E. Date: May 11, 2005 Re: Twin City Bee Keeping We have reviewed the Preliminary Plans, dated 5/26/05, for the above - referenced project and would offer the following comments: 1. The drawings shall be revised to show all existing utilities within 150' of the site. 2. Drainage and utility easements shall be shown. Currently, there is no perimeter drainage and utility easement shown. 3. The grading plan depicts filling of a significant portion of the existing sedimentation basin on the property. This may be an issue as it reduces, the volume of the pond. 4. A hydrology report must be submitted to determine the impacts of the proposed filling of the sedimentation basin. 5. Currently, there is not a skimmer structure at the outlet of the pond. A skimmer structure is required. 6. The NWL and 2 -Year, 10 -Year and 100 -Year HWL shall be shown for the sedimentation basin. 7. Storm sewer calculations shall be submitted for review. 8. An additional hydrant will be required to meet the 300' hydrant spacing requirement. Page 1 of 1 \\Ha01 \Shared Docs\Municipa1\Aotsego22xx\ 2500\ 2005 \ot2500hmccTCBeeKeeping.doc NAC NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 :,..: Telephone: 783.231.2555 Facsimile: 783.231.2581 planners @nacplanning.com ITEM 7.2 MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 8 June 2005 RE: Otsego — Kolles /Dare; General Concept Plan NAC FILE: 176.02 — 05.16 The Planning Commission held a public hearing on 6 June 2005 to consider the concept plan for development of the Kolles and Dare properties east of CSAH 42 between 85 Street and 88 Street with approximately 535,000 square feet of commercial uses. There were no comments from the public. The development team was represented by Tom Brown of Terra Development and Jeff Martin of DSU, who provided an overview of the project elements and amenities. The Planning Commission was generally very favorable to the proposed concept plan. Some of the discussion items were required improvements to CSAH 42 and the orientation of buildings along that roadway as well as the 'functionality of proposed streets within the development and connecting to adjacent uses. No significant issues were raised however. The Planning Commission closed the public hearing and voted 6 -0 to recommend approval of the PUD General Concept Plan. The application will be considered by the City Council at their meeting on 13 June 2005. Findings consistent with the recommendations of the Planning Commission and City staff have been prepared and are attached for review. POSSIBLE ACTIONS A. Motion to approve a PUD General Concept Plan subject to the following conditions: 1. Approval of the General Concept Plan shall not be binding upon the City for any future approvals related to the proposed development. Implementation of the uses shown on the concept plan shall require request for and approval of the following applications as set forth by the Zoning and Subdivision Ordinances: a. Rezoning to PUD District and approval of a PUD Development Stage Plan. b. Preliminary plat. c. Final plat. 2. The developer shall prepare an AUAR, subject to review and approval by City staff prior to publication, to be processed in accordance with Minnesota Rules Sec. 4410.3600. 3. PUD Building and site design guidelines shall be prepared and submitted with an application for approval of a PUD Development Stage Plan. 4. Any subsequent PUD Development Stage Plan for the overall site or individual blocks within the project shall include a detailed landscape plan specifying the type, size, quantities and location of all perimeter, parking /site area and building foundation plantings. 5. Required improvements, right -of -way and access to CSAH 42 shall be subject to review and approval of Wright County and the City Engineer based on submission of a transportation study to be prepared by the developer. 6. All street section designs within the proposed development shall be subject to approval by the City Engineer and named in accordance with the Wright County grid. 7. Lot requirements for sites within the project shall be subject to review as part of a PUD Development Stage application and the following specific conditions: a. All structures shall be setback at least 30 feet from the right -of -way of CSAH 42. b. Development of principal structures larger than 30,000 square feet on Blocks 6 through 9 shall be subject to the standard setbacks of the B -3 District. 2 8. All grading and utility issues shall be subject to review and approval by the City Engineer. 9. Park and trail dedication requirements shall be satisfied as a cash fee in lieu of land in effect at the time of final plat approval with credits granted for improvements dedicated or accessible to'the public as approved by the Parks and Recreation Committee and approval of the City Council. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and Zoning Ordinance. C. Motion to table. c. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Ron Wagner, City Engineer Andy MacArthur, City Attorney Tom Brown, Terra Development Daniel Green, Miller Dunwiddle Architects • 3 CITY OF 06 -08 -05 OTSEGO IIIAINANIANANANAINANAld FINDINGS & DECISION WRIGHT COUNTY, MINNESOTA • PUD GENERAL CONCEPT PLAN APPLICANT: Appella, LLC APPLICATION: Request for a PUD General Concept Plan approval for a 535,000 square foot commercial development located on approximately 90 acres. CITY COUNCIL MEETING: 13 June 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 property is attached as Exhibit A. B. The property lies within the East Sanitary Sewer Service District and is guided for commercial land uses by the Otsego Comprehensive Plan, as amended. D. The property is zoned A -1, Agriculture Rural Service District. Implementation of the concept plan is proposed to be accomplished by rezoning to PUD District. E. Applications for PUD General Concept Applications are processed in accordance with Section 20- 36 -4.0 of the Zoning Ordinance. F. The planning report dated 26 May 2005 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. G. The engineering memorandum dated 2 June 2005 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. H. The Otsego Planning Commission opened a public hearing at their regular meeting on 6 June 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 6 -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 conditional use permit is hereby approved. 1 ADOPTED by the Otsego City Council this 13 day of June, 2005. CITY OF OTSEGO By: Larry Fournier, Mayor Attest: Judy Hudson, Zoning Administrator /City Clerk 2 Hakanson 3O 111 An Assoc., Inc. , - °� 3601 Thurston Avenue, Anoka, MN 55303 P hone: 763/427 -5860 Fax: 763/427 -0520 � MEMORANDUM To: Honorable Mayor and City Council From: Ronald J. Wagner, P.E., Otsego City Engineer CC: Dan Licht, NAC Mike Robertson, City Administrator Judy Hudson, City Clerk Date: June 2, 2005 Re: Concept Plan — Kolles/Dare HAA Project No. OT2296 We have reviewed the above referenced Concept Plan and have the following comments: STREETS 1. We would suggest using the County grid for naming of streets for public safety issues (911 responders). 2. The typical section (Standard Plat # 103) for commercial street is attached. 80' of right -of -way is shown. Plate 103 variations to the typical section may be considered as part of this PUD. Additional maintenance the narrower and more "quaint" streets and associated parking areas (parallel or diagonal) create must be taken into consideration. Different equipment than the city currently uses may be required to properly clear snow. OVERALL GRADING 1. The site has a large portion below the 100 year event. This area is considered flood plain and can be filled. In order to satisfy lending agencies and insurance agencies, a "letter of map revision" removing areas from flood plain will be required. The grading plan depicts building pads, parking lots and roads at acceptable elevations. We have no comment on the grading at this preliminary stage. WATER 1. Providing the site with water will not be an issue. Currently a large trunk water main is along the east side of the CSAH 42. Also a trunk loop under TH 101 will connect to the east end of 88 Street as part of Otsego Waterfront East. An additional well Page 1 of 2 \ \Ha01 \Shared Docs\Municipal\Aotsego22xx \2296 \ot2296hmccmemo.doc has been added in 2004. One item the Council should keep in mind is the current 400,000 gallon east water tower is beginning to be taxed as far as fire protection volume. A new water tower on the east side should be considered in the near future. 2. All water lines must be 12" ductile iron. Looping and locations of waterlines as depicted appears adequate. Valves and hydrants will be reviewed in greater detail during preliminary and final plat. Hydrants must be spaced to provide not more than 250' radius coverage. SEWER 1. With the expansion of the wastewater treatment plant to 1,000,000 GPD, there is no issue with available capacity at this time. 2. The concept locations, depths and direction of sewer lines appear adequate. STORM WATER 1. Storm water pond if used as features must be lined due to highly permeable sand and gravel. This was stated to be their intentions in the report. 2. The elevations of the ponds and the generally flat topography of the site give some concern with the amount of available storage volume. Without reviewing the hydrology calculations it is impossible to say the storm ponds are adequate. During preliminary and final plat stages further review will be required. 3. Easement for the ditch to Lefevre Creek will be required and Mn/DOT will not allow any flow into the TH 101 ditch. In general the Concept Plan appears to meet Otsego Standards with the exception of streets, which will warrant special consideration under the PUD status. Hakanson Anderson Page 2 of 2 Assoc., Inc. \\Ha01 \Shared Docs\Municipal\Aotsego22xx \2296 \ot2296hmccmemo.doc NAC _ NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231.2561 planners(a?nacplanning.com ITEM 7.3 MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 7 June 200 RE: Otsego — Rainbow Daycare NAC FILE: 176.02 — 05.12 The Planning Commission held a public hearing on 6 June 2005 to consider the application for a conditional use permit and septic variance to allow for establishment of a daycare use within the former Rainbow Daycare building. John Brickley of Landcor Companies represented the applicant. There was one comment from the public opposed to the septic variance due to public health issues and improvements required for other property owners. The Planning Commission discussed the application, including the proposed alternative septic system and provision of adequate parking and access. The Planning Commission did indicate support for the proposed use once the City project extending sanitary sewer is complete, the existing public street is reconstructed, vacated and the on -site improvements completed. City staff is in agreement with the Planning Commission. After closing the public hearing, the Planning Commission voted 6 -0 in separate motions to recommend that the City Council deny the applications at this time. Findings consistent with the Planning Commission recommendation to deny the request are attached for consideration at the 13 June 2005 City Council meeting. If the City Council is inclined to approve the applications prior to completion of the City project and site improvements, City staff recommends that this action occur only after the City project has been authorized. The bids for the City project is expected to be approved at the City Council meeting on 27 June 2005. POSSIBLE ACTIONS Decision 1 — Septic System A. Motion to approve an alternative septic system for Riverview Daycare subject to the following conditions: 1. A plan for interim holding tanks for sewage treatment shall be submitted. The design and capacity of the holding tanks and frequency at which they are to be emptied shall be subject to approval by the City Engineer. 2. Use of the holding tanks shall be discontinued upon extension of sanitary sewer service to the property and the property shall immediately connect to municipal utilities. 3. The applicant shall enter into a development contract agreeing that allowing the use of holding tanks is an interim measure and that nothing shall limit the City's ability to special assess, levy a SAC or otherwise bill the property for the availability of municipal sanitary sewer and the associated public improvements. B. Motion to deny the request for an alternative septic system based on the following findings: 1. The City Council is considering a public project to immediately extend municipal sanitary sewer to the property; ands, 2. Section 4 -3 -9.E of the City Code states that no property owner has a right to approval of an alternative septic system; and, 3. No plans or specifications for the alternative septic system have been submitted by the applicant in support of the request. C. Motion to table. Decision 2- Conditional Use Permit A. Motion to approve a conditional use permit for Riverview Daycare, subject to the following conditions: 1. Sewage treatment facilities shall be provided subject to conformance with the Otsego City Code and approval of the City Engineer. 2. The applicant shall secure temporary use of off -site parking facilities within the Mississippi Shores subdivision to provide for the number of off- street parking stalls required by Section 20 -21 -9 of the Zoning Ordinance until 2 such time as the pending City improvement project and site improvements are completed. 3. All signs shall conform to the provisions of Chapter 37 of the Zoning Ordinance and shall require issuance of a sign permit by the City prior to installation on the property. 4. The structure and operation of the daycare use shall be in full compliance with all applicable requirements of the State of Minnesota and be licensed accordingly as required by Section 20- 30 -5.H of the Zoning Ordinance. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and City Code: 1. The application does not provide for adequate sanitary sewer facilities to accommodate the proposed use in accordance with the City Code; and, 2. The submitted site plan does not conform to required number of off - street parking stalls and /or setbacks for parking areas established by Section 20- 21-6.0 of the Zoning Ordinance. c. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer Bob Fields, applicant John Brickley, applicant 3 CITY OF 06 -08 -05 OTSEGO FINDINGS & DECISION WRIGHT COUNTY, MINNESOTA APPROVAL - CONDITIONAL USE PERMIT APPLICANT: Landcor Companies APPLICATION: Request for a conditional use permit to allow a daycare use within a B -3 District. CITY COUNCIL MEETING: 13 June 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 property is Lot 1, Block 1 Mississippi Shores 8th Addition, City of Otsego, County of Wright, State of Minnesota. B. The applicant is proposing to establish a daycare facility within an existing building on the subject site. C. The property lies within the East Sanitary Sewer Service District and is guided for commercial land uses by the Otsego Comprehensive Plan, as amended. D. The property is zoned B -3, General Business District. Daycare uses are allowed in the B -3 District as a conditional use. E. Consideration of the application by the Planning Commission and City Council is to be based upon, but not limited to, the criteria outlined in Section 20 -4 -2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: Daycare facilities are consistent with the range of commercial uses anticipated by the Comprehensive Plan for the City's primary commercial area at CSAH 39 and CSAH 42. 2. The proposed use's compatibility with present and future land uses of the area. Finding. The subject site is surrounded existing residential uses to the west and north, separated by existing significant trees and physical distance, respectively. There are existing commercial uses to the east. CSAH 39 is to the south of the subject site and creates a physical barrier separating the site from uses south of the roadway. The proposed use will be compatible with surrounding uses. 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 has made temporary provisions for necessary septic treatment and off - street parking until an approved City improvement project is completed to allow connection to sanitary sewer and improvement of the site as shown on the submitted plans. 4. The proposed use's effect upon the area in which it is proposed. Finding: The proposed use is a positive redevelopment of an existing site and an important service to have available within the City. 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 anticipated to generate traffic that is within the capacities of CSAH 39. 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 will not have a negative impact to the City's service capacity as sewage collection /treatment and off - street parking has been adequately provided for on an interim and permanent basis. F. The planning report 27 May 2005 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. G. The engineering memorandum prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. H. The Otsego Planning Commission opened a public hearing at their regular meeting on 6 June 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 6 -0 vote that the City Council DENY the request based on the aforementioned findings. The City Council tabled action on the request to 27 June 2005 to allow the City Council to approve a municipal project to extend sanitary sewer and make improvements to the area benefiting the property that will allow for the proposed site improvements. DECISION: Based on the foregoing information and applicable' ordinances, the requested conditional use permit is hereby APPROVED subject to the following conditions: 1. Sewage treatment facilities shall be provided subject to conformance with the Otsego City Code and approval of the City Engineer. 2 2. The applicant shall secure temporary use of off -site parking facilities within the Mississippi Shores subdivision to provide for the number of off - street parking stalls required by Section 20 -21 -9 of the Zoning Ordinance until such time as the pending City improvement project and site improvements are completed. 3. All signs shall conform to the provisions of Chapter 37 of the Zoning Ordinance and shall require issuance of a sign permit by the City prior to installation on the property. 4. The structure and operation of the daycare use shall be in full compliance with all applicable requirements of the State of Minnesota and be licensed accordingly as required by Section 20- 30 -5.H of the Zoning Ordinance. 5. Adequate access to the subject site and off -site parking facilities shall be required during the City improvement project and is subject to approval by the City Engineer so as not to interfere with the City improvement project. ADOPTED by the Otsego City Council this 27 day of June, 2005. CITY OF OTSEGO By: Larry Fournier, Mayor Attest: Judy Hudson, Zoning Administrator /City Clerk 3 CITY OF 06 -08 -05 OTSEGO FINDINGS & DECISION WRIGHT COUNTY, MINNESOTA DENIAL - CONDITIONAL USE PERMIT • APPLICANT: Landcor Companies APPLICATION: Request for a conditional use permit to allow a daycare use within a B -3 District. CITY COUNCIL MEETING: 13 June 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 property is Lot 1, Block 1 Mississippi Shores 8th Addition, City of Otsego, County of Wright, State of Minnesota. B. The applicant is proposing to establish a daycare facility within an existing building on the subject site. C. The property lies within the East Sanitary Sewer Service District and is guided for commercial land uses by the Otsego Comprehensive Plan, as amended. D. The property is zoned B -3, General Business District. Daycare uses are allowed in the B -3 District as a conditional use. E. Consideration of the application by the Planning Commission and City Council is to be based upon, but not limited to, the criteria outlined in Section 20 -4 -2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: Daycare facilities are consistent with the range of commercial uses anticipated by the Comprehensive Plan for the City's primary commercial area at CSAH 39 and CSAH 42. 2. The proposed use's compatibility with present and future land uses of the area. Finding. The subject site is surrounded existing residential uses to the west and north, separated by existing significant trees and ,physical distance, respectively. There are existing commercial uses to the east. CSAH 39 is to the south of the subject site and creates a physical barrier separating the site from uses south of the roadway. The proposed use will be compatible with surrounding uses. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The proposed use does not adequately provide for sewer collection /treatment as and lacks the number of off - street parking stalls required by the Zoning Ordinance. 1 4. The proposed use's effect upon the area in which it is proposed. Finding: The proposed use presents a public health safety risk without adequate sewer collection or treatment facilities. Furthermore, the lack of adequate off - street parking creates potential for congestion on adjacent public streets, including minor arterial roadways. 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 anticipated to generate traffic that is within the capacities of CSAH 39. 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 may have a negative impact to the City's service capacity as sewage collection /treatment and off - street parking has not been adequately provided for. F. The planning report 27 May 2005 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. G. The engineering memorandum prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. H. The Otsego Planning Commission opened a public hearing at their regular meeting on 6 June 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 6 -0 vote that the City Council DENY the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the requested conditional use permit is hereby DENIED. ADOPTED by the Otsego City Council this 13 day of June, 2005. CITY OF OTSEGO By: Larry Fournier, Mayor 2 Attest: Judy Hudson, Zoning Administrator /City Clerk 3 CITY OF 06 -08 -05 OTSEGO FINDINGS & DECISION WRIGHT COUNTY, MINNESOTA APPROVAL - ALTERNATIVE SEPTIC PERMIT APPLICANT: Landcor Companies APPLICATION: Request to allow for use of an alternative septic system for a proposed daycare use. CITY COUNCIL MEETING: 13 June 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 property is Lot 1, Block 1 Mississippi Shores 8 Addition, City of Otsego, County of Wright, State of Minnesota. B. The applicant is proposing to establish a daycare facility within an existing vacant building on the subject site. C. The existing building is served by an on -site individual sewage treatment system that has previously been found to be in failing condition by the City Building Official. D. Section 4 -3 -8.D of the City Code requires that use of an existing ISTS found to be a failed system be discontinued. E. The City Council is to consider a public improvement project at their meeting on 27 June 2005 that would extend municipal sanitary sewer service'to the subject site. F. The applicant has proposed alternative means of sewage collection from a standard ISTS or municipal sanitary sewer in accordance with Section4 -3 -9 of the City Code. G. Section 4 -3 -9.E of the City Code states that no property is entitled to approval of an alternative septic treatment system. H. The planning report 11 May 2005 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. I. The engineering memorandum 11 May 2005 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. J. The Otsego Planning Commission opened a public hearing at their regular meeting on 6 June 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 6 -0 vote that the City Council DENY the request based on the aforementioned findings. 1 DECISION: Based on the foregoing information and applicable ordinances, the requested conditional use permit is hereby APPROVED, subject to the following conditions: 1. A plan for interim holding tanks for sewage treatment shall be submitted. The design and capacity of the holding tanks and frequency at which they are to be emptied shall be subject to approval by the City Engineer. 2. Use of the holding tanks shall be discontinued upon extension of sanitary sewer service to the property and the property shall immediately connect to municipal utilities. 3. The applicant shall enter into a development contract agreeing that allowing the use of holding tanks is an interim measure and that nothing shall limit the City's ability to special assess, levy a SAC or otherwise bill the property for the availability of municipal sanitary sewer and the associated public improvements. ADOPTED by the Otsego City Council this 27 day of June, 2005. CITY OF OTSEGO By: Larry Fournier, Mayor Attest: Judy Hudson, Zoning Administrator /City Clerk 2 CITY OF 06 -08 -05 OTSEGO FINDINGS & DECISION WRIGHT COUNTY, MINNESOTA DENIAL - ALTERNATIVE SEPTIC PERMIT APPLICANT: Landcor Companies APPLICATION: Request to allow for use of an alternative septic system for a proposed daycare use. CITY COUNCIL MEETING: 13 June 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 property is Lot 1, Block 1 Mississippi Shores 8 Addition, City of Otsego, County of Wright, State of Minnesota. B. The applicant is proposing to establish a daycare facility within an existing vacant building on the subject site. C. The existing building is served by an on -site individual sewage treatment system that has previously been found to be in failing condition by the City Building Official. D. Section 4 -3 -8.D of the City Code requires that use of an existing ISTS found to be a failed system be discontinued. E. The City Council is to consider a public improvement project at their meeting on 27 June 2005 that would extend municipal sanitary sewer service to the subject site. F. The applicant has proposed alternative means of sewage collection from a standard ISTS or municipal sanitary sewer in accordance with Section4 -3 -9 of the City Code. G. Section 4 -3 -9.E of the City Code states that no property is entitled to approval of an alternative septic treatment system. H. The planning report 11 May 2005 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. I. The engineering memorandum 11 May 2005 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. J. The Otsego Planning Commission opened a public hearing at their regular meeting on 6 June 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 6 -0 vote that the City Council DENY the request based on the aforementioned findings. 1 DECISION: Based on the foregoing information and applicable ordinances, the requested conditional use permit is hereby DENIED. ADOPTED by the Otsego City Council this 27 day of June, 2005. CITY OF OTSEGO By: Larry Fournier, Mayor Attest: Judy Hudson, Zoning Administrator /City Clerk • 2 NAC HIQRT IME*T1 AciP,ILATAIA C 4t) TIANJT.f 4� 9 4800 Olson Memorial Highway, Suite 202, Golden Valley, M N 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2561 planners @nacplanning.com ITEM 7.4 MEMORANDUM TO: Otsego Mayor and City Council FROM: Laurie Shives / Dan Licht DATE: 6 June 2005 RE: Otsego - Temporary Real Estate /Development Advertising Signs FILE: 176.08 — General BACKGROUND City staff has been asked to research the placement of real estate signs in the City. Since the City has numerous new residential developments in progress, signage for the purpose of advertising and directing the public to these new developments is prevalent in almost every area of the City. As such, it is important that City staff and elected officials are reminded of the rules and regulations of these signs. ANALYSIS Existing Regulations. Key regulations relating to the allowance of real estate and development signs within Section 20 -37 -2 (General Provision) of the Zoning Ordinance include: • No signs shall be placed within public right of way or roadway easements. • No sign or sign structure shall be closer to any lot line than ten (10) feet. On corner lots, no sign shall be located within the site visibility triangle as regulated by Section 20 -16 -8. • No sign shall be placed within any drainage or utility easement. Section 20- 37- 5.B.3, Real Estate Development Project Signs, regulates signs placed in Residential Zoning Districts which are erected to assist the public in identification of a new subdivision or development and are allowed on a temporary basis. These signs are permitted by an administrative permit and are subject to the following regulations: • One (1) sign located on the project site, which is not to exceed sixty -four (64) square feet in surface area and a maximum height of fifteen (15) feet, except signs abutting principal arterial streets which may not exceed one hundred (100) square feet in surface area and fifteen (15) feet in height. • Off - premises, one (1) sign per arterial street approach to the property may be allowed for directional purposes. These signs may not exceed sixty -four (64) square feet and a maximum height of fifteen (15), feet. Not more than one (1) directional sign may be erected on a single parcel. • The sign permit shall be renewable annually and conditioned upon documentation allowing such sign or structure by the property owner upon which it is to be located and a vacancy rate of the subdivision greater than ten (10) percent. • A security in an amount as determined by the Zoning Administrator must be posted to ensure compliance with this Section of the Zoning Ordinance and to make certain that the sign(s) are removed at such a time as the number of vacant lots /units within the proposed development is less than ten (10) percent of the total number within the development. • Signs shall not be setback not less than twenty (20) feet from any property line. • Signs may be illuminated, provided that the light source is downcast and hooded to prevent glare onto adjacent properties or the public right -of -way. Real estate development signs are also permitted in Commercial, Business and Industrial Districts and are subject to similar conditions as outlined in Section 20-37 - 5.B.3 for Residential Districts. CONCLUSION The placement of most of the small directional signs within the public right -of -way is in violation of the Zoning Ordinance. City staff can remove these signs without notice and will do so during regular code enforcement field activities if so directed. c. Mike Robertson Judy Hudson Andy MacArthur 2 MEMORANDUM To: Mike Robertson, Admin From: Ronald J. Wagner, PE Date: May 25, 2005 Re: Riverview Daycare, Lot 1 Block 1 Mississippi Shores 7 Addition Upon review of the Site Plan "A" proposed by Landcor Companies we have the following comments: 1. The title block be revised to read "Riverview Daycare Site, Otsego, Minnesota ". 2. Show the existing well and septic system locations. 3. The existing on -site septic system is has failed and for public health and safety reasons, use has been discontinued. Adequate sanitary sewer service!for the building currently does not exist. The city is extending a trunk sanitary sewer line past this property in conjunction with the Mississippi Shores 6 and 7 Frontage Road Improvement project scheduled for the summer 2005 construction season. Bids are scheduled to be opened on June 23 with approval likely at the June 27 City Council meeting. The property owner has requested the use of the existing holding tanks in the interm with daily pumping until the connection for the truck sewer line is available. We are concerned that the daily pumping will not be adequate to prevent health and safety concerns associated with the failed existing system. Connection to the trunk sewer line would require the extension of a service line between the existing building and the adjacent business. The city will require plans for the sewer line extension between the buildings be submitted for review. We recommend occupancy for the building not be granted until adequate sanitary sewer service is provided for the building. 4. Add two handicap stalls with one being van accessible. 5. Revise the site plan for compliance with ordinance for off street parking, setback and number of stalls. The completion of the Frontage Road Improvement project will result in the right -of -way becoming part of the adjacent property owners property. This proposed condition will affect the parking layout for the site. cc: Judy Hudson, Clerk Dan Licht, City Planner Robert Fields, Landcor ITEM 8_1 DUST CONTROL POLICY FOR THE CITY OF OTSEGO The City of Otsego has the following options for dust control payment. All options would be dependent upon those seeking dust control to approach the City in writing in a timely fashion and to agree in writing to lump sum payment for dust control for that year or, alternatively agree in the same document to assessment against their property if dust control was applied and no payment was received. The City, could assess the amount over whatever term the City Council determined to be appropriate. A) City to pay 100% of dust control costs within the City. B) City to pay % of the dust control and benefiting property owner pays for % of dust control. (This could be an across the board determination that stood for all properties or the City Council could determine either on a permanent or yearly basis that particular gravel roads served more as collectors or were undergoing increased traffic due to periodic conditions like construction. Essentially the City would be treating dust control as a Class B improvement under the current assessment policy rather than a Class C improvement. Section 6 -4 -2 allows the Council to determine by resolution that a combination of policies or a different policy is more equitable in a certain case.) C) Benefiting property owner pays for 100% of dust control. Payment for Application of Dust Control could be made through required upfront payment of all costs based upon an estimate by the City Engineer. In other words no application would be made until a formal written request and escrow agreement was signed. If the City Council were to determine that they would allow residents to pay for costs overtime the Council should determine the appropriate number of years to spread the payment and the applicant would then have to sign a waiver of assessment proceedings and waiver of assessment hearing prior to any work being done which would benefit the property. Either an escrow Agreement or waiver would have to be executed and submitted to the City prior to April 1 of any given year. Cost and charges for preparation of roadbed and application for dust control would be assessed under the City' statutory authority. Benefit to the property owner would be pretty clear based upon before and after comparison, however substantial benefit ( a high assessment) would be problematic since there would be very little comparison information and basis for benefit. Dust control most logically appears to correspond to a Class C improvement under the City's current assessment ordinance. Class C Projects are defined as improvements which are primarily if not exclusively of benefit to property abutting or in the area of the improvement. By statute, a property does not have to abut an improvement to be assessed it only has to benefit from the improvement. Section 6 -4 -4, C Assessment Rules for Class C Improvements states that Class C improvement assessments shall be applied on the frontage or by lot units or lot unit equivalents. Section 6 -4 -2 allows the City to vary these rules by resolution for particular projects. X feet will be considered 1 lot unit equivalent for the basis of assessment. 1 lot unit covers 18 feet wide by X feet long (considered both sides of gravel road). The Council should review the information provided and establish by Resolution a policy if they determine that assessment should be determined on some other basis than the strict application of Class C which would call for all or the greatest percentage of the cost to be the responsibility of the individual property owner requesting dust control. DUST CONTROL APPLICATION OPTIONS FOR THE CITY OF OTSEGO Dust Control shall be applied on: A) 100% of gravel road. B) x feet equally split on either side of benefiting properties main dwelling B1) In cases with several homes on either side or closer than Y2 x feet from each other the length of dust control shall be the number of homes times x feet and that total length shall be centered over benefiting homes. C) ;0% of gravel road. ot91 ODUST CONTROL APP OPTIONS ITEM 8_3 2005 Street Maintenance Project City of Otsego Item No. Description Units Quantity Unit Price Extension 1 Stripe* both parking Tots . LF .2689 2 7 Co. 2 Handicap Symbol, IMF EA _ 4 *stripe shall be 4" wide, solid white, _j Note: Parking stalls adjacent to a curb, will have a stripe 18' in length and 9' in width, and stalls that are in the middle of a parking lot, and do not touch a curb, will be 20' in length and 9' in width. Handicap parking stalls shall be 12' in width. jYL% F' - R'ur -s w'ro uP1;441. r1.. sTh-4s Pi rJcr 27 : o , = �c 1 -7 (03 -- y2 Z - 957(z i �.�: ' ...) n ' : Y C. c-[r 1 60 l Z - Z l9 - o tr 28 Nat 1 " x1' 1 J \ \Ha01 \shared docs \Municipal\AOTSEGO \620 \ot620 -2.xls ITEM 9_1 2005 FIRE PROTECTION AGREEMENT WITH THE CITY OF OTSEGO This agreement made and entered into by and between the City of Albertville, a municipal corporation of the County of Wright in the State of Minnesota, and the City of Otsego, in the County of Wright in the State of Minnesota. WHEREAS, Otsego desires the services of the fire department of Albertville in case of fires occurring in Otsego, as well as the emergency medical services of Albertville in case of a medical emergency, and WHEREAS, Albertville maintains a volunteer fire department with emergency medical response capability, which department is available to provide fire protection and emergency medical response services to properties located in Otsego, and THEREFORE, it is agreed by and between said parties as follows: 1. Albertville, through its fire department, shall provide fire protection and emergency medical response services to those properties in Otsego. Such fire protection and emergency medical response services shall be provided from January 1 through December 31, 2005. 2. Otsego shall agree to pay Albertville $31,660.88 in exchange for the provision of fire protection and emergency medical response services as described above. Payment due for the year 2005 shall be made in two installments of $15,830.44 on or before July 1, 2005, and $15,830.44 on or before December 31, 2005. 3. Albertville's obligation to provide fire protection service and emergency medical response shall be subject to the following: a. If road and weather conditions at the time of the call are such that the fire /medical run cannot be made with reasonable safety to men and equipment, and the decision of the Fire Chief or his Deputy in charge shall be final in such matter, no obligation arises under this agreement on the part of the City of Albertville to answer such call. b. In the event that a sufficient amount of the fire fighting /medical equipment and the number of volunteer firemen, or both, are committed at the time of the fire call, in sole judgment of the Fire Chief or his Deputy, to fighting: pre - existing fires or attending pre- existing medical emergencies, so as to render the available equipment and manpower inadequate to answer a fire or medical call from Otsego, no obligation shall arise under this agreement to answer such call, and no person party shall have recourse against the City of Albertville for refusal to answer such call. A pre- existing fire /medical M:\Public Data\Fire Department\Fire Service Contract - Otsego.doc 1 emergency to which the fire department of Albertville is called previous to receiving the call from Otsego and which fire is still being fought or medical emergency is still being attended to by the Albertville Fire Department at the time the call from Otsego is received. c. In the event a fire call by Otsego is answered by Albertville, but before the fire in question is extinguished, the fire fighting equipment or volunteer firemen, or both, are needed to fight a fire in Albertville or protect property in Albertville from a fire, the Chief or his Deputy without liability therefore to any person or to Otsego under this agreemnnt, may in their judgement recall the fire equipment and firemen to Albertville for the purpose of fighting the fire in Albertville. The judgement of the Fire Chief or his Deputy I shall be final and no person or party shall have recourse against the City of Albertville for any damages or losses resulting from such action or decision. 4. The parties acknowledge the fact that Albertville may enter into similar contracts with other municipalities, and acknowledge that Albertville has entered into mutual aid contracts with other fire departments in other municipalities, and that a fire call under any such contract preceding a call in Otsego could be a valid and reasonable; basis for the decision of the Fire Chief or his Deputy in refusing to answer a fire call in Otsego. 5. Because the City of Albertville has heretofore entered into mutual assistance fire fighting agreements with other municipalities possessing fire fighting equipment and firemen, which equipment and firemen could be called by the Chief or his Deputy to a fire in Otsego, the City of Otsego agrees to pay such additional cost as may be incurred thereby if in the sole judgement of the Chief or his Deputy, such additional fire fighting equipment and firemen are needed to fight a fire in Otsego and are in fact called to such fire by the Chief or his Deputy. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of , 2005. CITY OF ALBERTVILLE CITY OF OTSEGO g B Don Peterson, Mayor Larry Fournier, Mayor ATTEST: ' :° Larry Kru Michael R • • ertson City Admi strator City Administrator M :\Public Data\Fire Department\Fire Service Contract - Otsego.doc 2 Albertville Fire Distict Pay 2005 Tax Data 4/29/2005 a - " I ......,--_, Ni ,-- - -„r\---- � Rill � � °tl 1 Ivo 1 .!� .4 441111011.0 LI.74)1.■ .. , itto in awn r ' � I � ❑Il: „i: \`ia ...f „. % Z44.. .I fit, i �.ta w W Fell • 4 3 ;i; L Mat ti ■'�. 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S t . _ ' _ _ 293`_ kiimi 114 2005!118 ~ _ ' $531,873.00 1 Otsego : 16291 $693,732.00 • S 118 • i4 COURT, MACARTHUR & RUPPE, PLLP e mo To: Otsego City Council From Andy MacArthur, City Attorney CC: Mike Robertson, City Administrator Date: June 13, 2005 Re: Monticello Hospital District Attached please find a proposed letter for City Council consideration making an official request to the Monticello Hospital District for information relative to the City's consideration of whether or not to remain in the Hospital District. This office has acquired preliminary information on use of the Hospital by local emergency services. This information indicates that the Monticello hospital is rarely used in emergency cases by residents of Otsego. This is based upon information received from the emergency service agents serving the City. We still lack the information from the hospital itself, including information on voluntary use of the facility by Otsego residents. An official request from the City Council would likely provide a better chance for response from the hospital. It also provides the Hospital District with fair notice of what the City is considering. Official City Council action regarding the City's concems is a better and fairer way to request the needed information and to provide the Hospital District with a chance to respond. As you will note, I have requested information regarding current bonded indebtedness. This is extremely important because pursuant to the statute it appears that even if the City was to remove itself from the District it would not be able to remove responsibility for already accrued bonded indebtedness. I believe the City needs this information in order to provide the Council with an understanding on what actual fiscal affect City action would have on City residents. Please find attached to this memo a previous memo from this office and the relevant statutes related to the Monticello Hospital District. I am requesting Council approval of the draft letter this evening. I will be available to respond to any questions regarding this matter tonight. COURI, MACARTHUR & RUPPE, P. L. L. P. Michael C. Courts Attorneys at Law David R. Wendorf Andrew J. MacArthur 705 Central Avenue East Kristen H. Carr Robert T. Ruppes. 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 DRAFT- June 13, 2005 Barb Schwientek, C.E.O. Monticello- Big Lake Community Hospital District 1013 Hart Boulevard Monticello, MN 55362 • RE: City of Otsego- Monticello Hospital District Dear Ms. Schwientek: This office represents the City of Otsego. Over the course of the last year the Otsego City Council has on occasion brought up the issue of its inclusion within the Monticello Hospital District and specifically of what benefit is it to the City of Otsego and its residents to be included in the District and whether or not the City should consider making a formal request of the District to exclude Otsego from the District. As you most likely know, there is a statutory procedure for such a request and some case law guidance as to what matters need to be considered in making such a decision. This office has done some preliminary research regarding use of the facility by Otsego residents, specifically through emergency runs. From anecdotal evidence and the evidence so far provided, it does not appear that your facility is utilized very much in emergency runs the City that end up with delivery of a patient to a hospital facility. The City does not have any information from your records regarding use of the facility by Otsego residents. The Otsego City Council believes that it would only be fair, to allow the Hospital District to make it's case for continued inclusion of Otsego within the Hospital District prior to the City Council making a final decision as to how they wish to proceed. In order to further evaluate the matter, the City would also like the District to provide the following information: 1. Any information that you would have that would allow the City to evaluate use of your facility by residents of Otsego relative to use by other areas included within the District. 2. Any specific criteria that the District has established to evaluate requests for detachment from the District. 3. Information regarding current bonded indebtedness of the Hospital District including the term of any outstanding bonds. Also, any current projects under consideration for bond funding. 4. Any other information that you feel is relevant to the City Council's consideration of this matter. The City would like to receive the requested information as soon as possible so that they can arrive at a fully informed decision on how to proceed by the end of the Summer. The Otsego City Council directed that this letter be sent on their behalf by motion made at their regularly scheduled meting on June 13, 2005. If you have any questions regarding this matter or the information requested please feel free to contact me. Very truly yours, Andrew J. MacArthur COURI, MACARTHUR & RUPPE, PLLP cc: City of Otsego • C ! r r our , acArthur & Ruppe, P.L.L.P. e mo To: Otsego City Council From: David R. Wendorf CC: Date: August 9, 2004 Re: Detachment of Territory from Monticello Hospital District This memo is response to the City Council's inquiry conceming the procedure for the detachment of the Elk River emergency service district area within the City of Otsego from the Monticello Hospital District. Minnesota Statute Section 447.38 provides for the detachment of territory from a Hospital District. The following is required: 1. A resolution of the City Council authorizing a petition to the Hospital District Board to detach territory from the Hospital District. 2. A petition to the Hospital District Board signed by an officer of the City, which states the grounds for the detachment. The statutory section does not provide the criteria by which the Hospital Board is to consider a petition for detachment or dissolution. The Minnesota Court of Appeals in Township of Ottertail v. Perham Hospital District, 438 N.W.2d 412 (Minn. App. 1989) found that in the absence of statutory criteria, the Hospital Board should develop its own reasonable criteria for deciding on whether to grant a petition to detach. The case provides some guidance as the board's criteria in that case was found to be appropriate so it is likely that the Monticello District Board would adopt similar criteria. The criteria used by the board in that case were as follows: 1. What benefit or harm will there be to the petitioner or the hospital district if the petition is granted? 2. What facts have been presented to show the uniqueness of the petitioner in comparison to the other govemmental units comprising the district? 3. Has there been a substantial change in circumstances from the time of formation to the present. 4. How much validity is there to the reasons given for detachment. The court in analyzing the criteria provides additional guidance conceming these types of petitions: 1 1. If granting a petition for detachment would be detrimental to the continuing existence of the Hospital district, that harm would be a vital consideration for the Board in making its decision. If the taxes on the residents of the petitioner were unduly burdensome the board should consider that harm. 2. The special character of the petitioner, such as whether it derives less benefit from the Hospital District than do other townships and cities would be important in evaluating the petition. If the petitioner benefits significantly Tess than the other governmental units within the district the petitioners desire to withdraw would have merit. 3. Changes in the petitioner's need for the hospital services would be an important factor for the board to consider. 4. It is appropriate to look at the probative value and the credibility of the evidence presented by the petitioner. If the City Council is inclined to consider filing a petition for detachment I would recommend that staff be directed to do the following: 1. Request that the Hospital District Board provide the City with its criteria for considering a petition to detach. 2. Request that the Hospital provide statistical data showing the number of patients who used the Hospital with addresses within the area to be detached as that compares with the rest of the District. 3. Request that Elk River Emergency Services provide statistical data conceming hospitals used by residents on an emergency basis with addresses in the area to be detached. Once the City has obtained the statistical data it can an evaluate the data in light of the Hospital District's criteria. The Council should be aware that pursuant to Minnesota Statute Section 447.38 subd. 2, even if an area is detached, all taxable property within the detached area remains subject to taxation for any existing bonded indebtedness and any other existing indebtedness of the district incurred for any purpose beneficial to the area to the extent that the Board finds just and equitable. • Page 2 Page 2 of 5 WegfiaW MN ST § 447.38 Page 1 M.S.A. § 447.38 C Minnesota Statutes Annotated Currentness Municipal Welfare, Recreation "i Chapter 447. Hospitals, Welfare Activities - .447.38. Dissolution: detachment of territory Subdivision 1. Dissolution; petition to board; board's order. A hospital district created or reorganized pursuant to sections 447.31 to 447.37 may be dissolved upon a petition to the hospital district board. The petition must state the grounds for dissolution, be signed by an authorized officer or officers of the governing body of any city or town included in the hospital district pursuant to a resolution of the governing body, and contain a proposal for distribution of the remaining funds of the district, if any, among the related governmental subdivisions. Except as otherwise provided, a proceeding for dissolution is governed by the provisions relating to proceedings for the organization of districts, so far as applicable. If the board determines that the conditions for the creation of the district no longer exist, that all indebtedness of the district has been paid, and that all property of the district except funds has been disposed of, it may make an order dissolving the district and directing the distribution of its remaining funds, if any, among the related governmental subdivisions on a basis the board determines to be just and equitable, to be specified in the order. Certified copies of the order for dissolution must be transmitted and filed as provided for an order creating a district. The clerk of the board shall also transmit a certified copy of the order to the treasurer of the district. The treasurer shall then distribute the remaining funds of the district as directed by the order, and is responsible for the funds until distributed. Subd. 2. Detachment of city or town; same procedure. A city or town included in the hospital district may be detached from it by the same procedure provided for dissolution of the district. On detachment, all taxable property within the detached area remains subject to taxation for any existing bonded indebtedness of the district to the same extent as it would have been if not detached. The property remains subject to taxation for any other existing indebtedness of the district incurred for any purpose beneficial to the area to the extent the board finds just and equitable, to be specified in the order for detachment. The proper officers shall levy further taxes on the property accordingly. CREDITS) Laws 1963, c. 300, § 1. Amended by Laws 1973, c. 123, art. 5, § 7; Laws 1987, c. 229, art. 10, § 1. HISTORICAL AND STATUTORY NOTES 2001 Main Volume Copr. © West 2004 No Claim to Orig. U.S. Govt. Works http:// print.westlaw.com/delivery.html? dent= atp& dataid= B0055800000039210003178427B... 8/9/2004 Page 2 of 6 WeS 438 N.W.2d 412 Page 1 438 N.W.2d 412 (Cite as: 438 N.W.2d 412) Court of Appeals of Minnesota. determine whether evidence could reasonably support or justify board's determination, with no TOWNSHIP OF OTTERTAIL, et al., Petitioners, special deference being accorded trial court's review Appellants, of board's decision on appeal. M.S.A. § 447.31, v. subd. 6. PERHAM HOSPITAL DISTRICT, et al., Respondents. [2] Health X260 198Hk260 Most Cited Cases No. C9 - 88 - 2380. (Formerly 204k6 Hospitals) April 11, 1989. Hospital district board has much discretion in developing reasonable procedures to guide it in deciding petition to detach from district, because Hospital district board denied township's petition to legislature failed to set forth express procedures to detach from district, and township appealed. The guide board's determination of petition for District Court, Ottertail County, John E. Valen, J., detachment. M.S.A. § 447.38, subds. 1, 2. denied township's application for writ of mandamus and affirmed board's decision, and township sought [3] Health X260 review. The Court of Appeals, Short, J., held that: 198Hk260 Most Cited Cases (1) board should develop its own reasonable criteria (Formerly 204k6 Hospitals) for deciding petition to detach from district, given absence of statutory criteria; (2) criteria used in Hospital district board should develop its own resolving petition to detach were not arbitrary and reasonable criteria for deciding petition to detach capricious; and (3) board did not arbitrarily or from district, given absence of statutory criteria, and capriciously apply its criteria in denying petition to should include in criteria not only interest which withdraw. petitioning governmental unit has in having its territory detached from district, but also interests of Affirmed. district as whble in providing hospital and nursing home facilities deemed necessary and expedient. M.S.A. § 447.38, subds. 1, 2. West Headnotes [4] Health x260 [1] Health X260 198Hk260 Most Cited Cases 198Hk260 Most Cited Cases (Formerly 204k6 Hospitals) (Formerly 204k6 Hospitals) Criteria used by hospital district board in resolving Standard of review applicable to hospital district township's petition to detach were not arbitrary and board's action on township's petition to detach capricious; criteria were benefit or harm parties would be based on standard of review for municipal would suffer, uniqueness of township seeking to corporations, given absence of statutory standard of detach as compared to other townships and cities in review and statutory statement that hospital district district, whether township had undergone change in created pursuant to statute is municipal corporation, circumstancesL since district's creation, and how and accordingly, Court of Appeals would decide much validity there was to reasons given for whether board was within its jurisdiction, was not proposed detachment. M.S.A. § 447.38, subds. 1, 2. mistaken as to applicable law, and did not act arbitrarily, oppressively, or unreasonably, and [5] Health 0 C260 Copr. © West 2004 No Claim to Orig. U.S. Govt. Works http: / /print. westlaw. com /delivery.html ?dest= atp &dataid =A0055 800000080950003178427B... 8/9/2004 Page 3 of 6 438 N.W.2d 412 Page 2 438 N.W.2d 412 (Cite as: 438 N.W.2d 412) 198Hk260 Most Cited Cases townships and three cities that formed the Perham (Formerly 204k6 Hospitals) Hospital District in May, 1975 pursuant to Minn.Stat. §§ 447.31- 447.37 (1988). In July, 1987 Hospital district board did not arbitrarily or the Township petitioned to withdraw from the capriciously apply its criteria in denying township's Hospital District. A hearing was held before the petition to withdraw from district; board found Hospital District's Board, where both parties there was no evidence that township was in unique presented testimony and documentary evidence. situation compared to other governmental units The Board denied the Township's petition. Upon making up district, district hospital was heavily appeal of the Board's decision, the trial court denied used by township's citizens and there was little the Township's application for writ of mandamus evidence of change in need for medical facility in and affirmed the Board's decision. The trial court district hospital's location, and harm allegedly also denied the Township's post -trial motions. The justifying withdrawal did not require that township's Township seeks review of the trial court's orders withdrawal be permitted. M.S.A. § 447.38, subds. denying its petition for mandamus and its post - trial. 1, 2. motions. *413 Syllabus by the Court ISSUES The Hospital District Board was not arbitrary or I. Did the Hospital District Board use criteria capricious either in the criteria it chose or in the that were arbitrary and capricious? application of the criteria to the appellants' petition II. Did the Hospital District Board apply the to detach. criteria in an arbitrary and capricious manner? Charles A. Krekelberg, Williams, Nitz, Krekelberg ANALYSIS & Stringer, Pelican Rapids, for appellants. [1] There is no standard of review set forth in Dennis W. Happel, Happel Law Office, Perham, Minn.Stat. §§ 447.31- 447.38. However, for respondents. Minn.Stat. § 447.31, subd. 6 provides that a hospital district created, pursuant to that statute is a municipal corporation. Thus, we look to the law Heard, considered and decided by FORSBERG, relating to the standard of review of municipal P.J., and PARKER and SHORT, JJ. corporations, and decide if the Board: was within its jurisdiction, was not mistaken as to the applicable law, and did not act arbitrarily, OPINION oppressively, or unreasonably, * * * and to determine whether the evidence could reasonably SHORT, Judge. support or justify the determination. City of New Brighton v. Metropolitan Council, On appeal from the Perham Hospital District 306 Minn. 425, 430, 237 N.W.2d 620, 624 (1975) Board's (Board) denial of the Township of (quoting Merriam Park Community Council, Inc. v. Ottertail's (Township) petition to detach from the McDonough, 297 Minn. 285, 290, 210 N.W.2d Perham Hospital District (Hospital District), the 416, 419 (1973)). On appeal, we do not accord Township argues (1) that the criteria the Board used any special deference to the trial court's review of in deciding its petition were arbitrary and capricious the Board's decision. Honn v. City of Coon Rapids, and (2) the Board was arbitrary and capricious in its 313 N.W.2d 409, 415 (Minn.1981); Northwest application of the criteria in deciding its petition to Residence, Inc. v. City of Brooklyn Center, 352 detach. We disagree and affirm the Board's N.W.2d 764, 767- 68 (Minn.Ct.App.1984), pet. for decision. rev. denied (Minn. Jan. 4, 1985). FACTS *414 I. The criteria are reasonable. The Township of Ottertail was one of ten Copr. © West 2004 No Claim to Orig. U.S. Govt. Works http: / /print.westlaw.com/ delivery. html? dest= atp& dataid= A0055800000080950003178427B... 8/9/2004 Page 4 of 6 • , 438 N.W.2d 412 Page 3 438 N.W.2d 412 (Cite as: 438 N.W.2d 412) [2][3] A township may withdraw from a hospital harm the parties will suffer, is directed at the district by the same procedure as is provided for the purpose of the statute creating hospital districts. If dissolution of the district. Minn.Stat. § 447.38, granting the Township's petition to withdraw would subd. 2 (1988). That procedure is as follows: be detrimental to the continuing existence of the If the board determines that the conditions for the Hospital District, that harm would be a vital creation of the district no longer exist, that all consideration for the Board in making its decision. indebtedness of the district has been paid, and In a similar vein, Hospital District taxes that were that all property of the district except funds has unduly burdensome to the residents of Ottertail been disposed of, it may make an order dissolving would be a harm the Board should consider. The the district * * *. "benefit or harm" criterion is thus reasonable and is Minn.Stat. § 447.38, subd. 1. Because the not arbitrary and capricious. legislature failed to set forth express procedures to guide the Board's determination of a petition for The second criterion, which compares the detachment, a hospital district board has much uniqueness of. Ottertail Township to the other discretion in developing reasonable procedures to townships and cities, also is consistent with the guide it in deciding a petition to detach. See statutory purpose. The special character of the Op.Atty.Gen. 1001 -K (May 11, 1978). Absent any Township, such as whether it derives less benefit statutory criteria, the hospital board should develop from the Hospital District than do other townships its own "reasonable criteria." Id. These criteria and cities, would be important in evaluating the should have in mind "not only the interests which Township's petition. For instance, if the Township the petitioning governmental unit has in having its benefited significantly less than other governmental territory detached from the hospital district, but also units within the Hospital District, the Township's the interests of the hospital district as a whole in desire to withdraw would have merit. The providing the hospital and nursing home facilities "uniqueness" criterion therefore, is reasonable and deemed necessary and expedient." Id. is not arbitrary and capricious. [4] Appellant argues that the criteria the Board The third criterion is whether the Township has used were arbitrary and capricious. The Board set undergone a change in circumstances since the out the criteria it used in deciding the Township's Hospital District's creation. This criterion also petition in its Findings and Decision: appears to be consistent with the purpose of the 1. What benefit or harm will there be to Ottertail statute. The Township agreed to become part of Township or the hospital district if the petition is the Hospital District to facilitate the provision of a granted? hospital and nursing home care to the Township and 2. What facts have been presented to show the other nearby cities. Changes in this need would be uniqueness of Ottertail Township in comparison an important factor for the Board to consider in to the other governmental units comprising the deciding the Township's petition to detach. Thus, district? this criterion also seems reasonable and is not 3. Has there been a substantial change in arbitrary and capricious. circumstances from the time of formation to the present? - - - The final criterion for evaluating the Township's and petition to withdraw, although *415 not directly 4. How much validity is there to the reasons related to the purpose of the statute, goes to given for detachment? assessing the probative value of the Township's Contrary to the Township's assertion, these criteria reasons and the credibility of the evidence. This are consistent with the purpose of the Hospital criterion is also consistent with the Board's duty to District, which is "to acquire, improve, and run determine the Township's petition, and accordingly, hospital and nursing home facilities * * *." See is not arbitrary,, and capricious. Minn.Stat. § 447.31, subd. 3. See also Op.Atty.Gen. 1001 -K (May 11, 1978). In sum, the criteria set out by the Board appear to be reasonable and are not arbitrary and capricious. The first criterion, which looks at the benefit or Copr. © West 2004 No Claim to Orig. U.S. Govt. Works http: // print. westlaw. com / delivery. html? dest= atp& dataid= A0055800000080950003178427B... 8/9/2004 Page 6 of 6 438 N.W.2d 412 438 N.W.2d 412 Page 5 (Cite as: 438 N.W.2d 412) found that because this misallocation of expenses was resolved with no action by federal authorities DECISION and did not affect the Township differently than it arbitrary or capric ous either in the c iteria chose affected any other governmental unit in the Hospital to determine the Township of Ottertail's petition or District, it was not a reason to grant the Township's in the application of the criteria to the Township's petition. petition. The Township's third reason is that the constituents AFFIRMED. want to withdraw from the Hospital District. The Board found the Township's citizens wish to 438 N.W.2d 412 withdraw mainly because they dislike the amount of the taxes they have to pay for the Hospital District. END OF DOCUMENT The Board held that although this reason might be a motivation for bringing the petition, it is not a reason to grant it. The Township next argues that when it agreed to become part of the Hospital District it was assured that the tax levy would not be higher than three mills per year. Although the Board found that there was some evidence that one or two individuals did claim that the levy would be under three mills per year, these individuals were never authorized to make such a representation. Because this evidence was not by way of resolution, letter, formal motion or any other action by the Board, the Board held that the alleged representation was not a sufficient reason to grant the Township's petition. The fifth reason presented by the Township is that hospital management has been imprudent. The Board found, however, that "management had done an exceptional job in keeping the facility open during change in administration, medical personnel, medical reimbursement, and inflation of health care costs." The Board held that this reason was not sufficient to grant the Township's petition. Finally, the Township argues that its citizens are serviced by other hospitals. The Board found that in fact the Township is serviced by fewer facilities than when the Perham Hospital District was formed. Because the Township presented no evidence as to how usage has changed, the Board found that this was not a valid reason for detachment. In sum, the Board correctly applied the criteria to the Township's petition to detach. Therefore, we find that the Board's determination was not arbitrary and capricious. Copr. © West 2004 No Claim to Orig. U.S. Govt. Works http: / /print.westlaw.com/ delivery. html? dest= atp& dataid= A0055800000080950003178427B... 8/9/2004