The URL can be used to link to this page

12-13-04 CCCLAIMS LIST CITY COUNCIL MEETING DECEMBER 13, 2004 TO: Judy Hudson ITEM 5.7 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 11-23-2004 $ 321,367.50 12-01-2004 $ 45,369.20 12-03-2004 $ 2,325.73 12-09-2004 $ 296,017.33 PAYROLL 12/08/04 $ 25,653.04 GRAND TOTAL $ 690,732.80 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 11/23/04 4:33 PM Page 1 *Check Summary Register© NOVEMBER 2004 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid BARBAR08SA & SONS $216,488.85 WEST LIFT STATION #4 Unpaid CB & I $104,848.65 WEST WATERTOWER UnPaid WRIGHT COUNTY RECORDER $30.00 MARTIN VACA & ADMIN Total Checks $321,367.50 FILTER: None CITY OF OTSEGO 11/23/04 4:34 PM Page 1 *Check Detail Register© NOVEMBER 2004 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $30.00 428 WEST WATER PROJ $104,848.65 430 West Trtmnt Plant -Phase 1 $216,488.85 $321,367.50 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid BARBAROSSA & SONS E 430-43256-500 Capital Outlay (GENERAL) $216,488.85 PAY EST 1 WEST LIFT STATION #4 Total BARBAROSSA & SONS $216,488.85 Unpaid CB & I E 428-49400-500 Capital Outlay (GENERAL) $104,848.65 PAY 9 WEST WATERTOWER Total CB & 1 $104,848.65 Unpaid WRIGHT COUNTY RECORDER E 101-41400-340 Recording Fees $30.00 MARTIN VACA & ADMIN Total WRIGHT COUNTY RECORDER $30.00 10100 BANK OF ELK RIVER $321,367.50 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $30.00 428 WEST WATER PROJ $104,848.65 430 West Trtmnt Plant -Phase 1 $216,488.85 $321,367.50 CITY OF OTSEGO 12/01/044:23 PM Page 1 *Check Summary Register© DECEMBER 2004 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid BANK OF ELK RIVER -1 $45,369.20 ACCT 631400001 EDA Total Checks $45,369.20 FILTER: None CITY OF OTSEGO 12/01/04 4:23 PM Page 1 *Check Detail Register© DECEMBER 2004 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid BANK OF ELK RIVERA E 1 01-41 940-41 0 Rentals (GENERAL) $45,369.20 ACCT 631400001 EDA Total BANK OF ELK RIVERA $45,369.20 10100 BANK OF ELK RIVER $45,369.20 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $45,369.20 $45,369.20 CITY OF OTSEGO 12/03/04 8:49 AM Page 1 *Check Summary Register© DECEMBER 2004 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid ICMA RETIREMENT TRUST $422.31 PPE 11/20 CK DTD 11/24 Unpaid PUBLIC EMPLOYEES RETIREME $1,903.42 PPE 11/20 CK DTD 11/24 Total Checks $2,325.73 FILTER: None CITY OF OTSEGO 12/03/048:50 AM Page 1 *Check Detail Register© DECEMBER 2004 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid ICMA RETIREMENT TRUST G 101-21705 Other Retirement $230.00 PPE 11/20 CK DTD 11/24 E 10141400-121 PERA $192.31 PPE 11/20 CK DTD 11/24 Total ICMA RETIREMENT TRUST $422.31 Unpaid PUBLIC EMPLOYEES RETIREMENT FD E 250-42410-121 PERA $365.69 G 101-21704 PERA $913.20 E 101-43100-121 PERA $306.51 E 101-41400-121 PERA $244.71 E 101-41600-121 PERA $73.31 Total PUBLIC EMPLOYEES RETIREMENT FD $1,903.42 10100 BANK OF ELK RIVER $2,325.73 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $1,960.04 250 BUILDING PERMIT FEES $365.69 $2,325.73 PPE 11/20 CK DTD 11/24 PPE 11/20 CK DTD 11/24 PPE 11/20 CK DTD 11/24 PPE 11/20 CK DTD 11/24 PPE 11/20 CK DTD 11/24 CITY OF OTSEGO 12/09/04 10:42 AM Page 1 *Check Summary Register© DECEMBER 2004 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid AFFORDABLE SANITATION $535.00 HC UNIT RENTAL NOVEMBER Unpaid AIRGAS, INC. $30.82 ACETYLENE UnPaid ARROW TERMINAL LLC $225.11 DRILL BIT KIT UnPaid BARB WILLIAMS $364.08 MILEAGE 10/4 - 12/3 UnPaid BERLIN TIRE CENTER, INC $66.99 94 FORD TRK UnPaid BLUE CROSS BLUE SHIELD OF $7,273.00 ADMIN UnPaid BOISE CASCADE OFFICE PROD $339.57 OFFICE SUPPLIES UnPaid BOYER TRUCKS $292.90 CREDIT DUST SHIELD Unpaid BRAUN INTERTEC $92.75 KURTTI WATERMAIN UnPaid BRIGGS & MORGAN $4,585.00 FILE 23377.9 UnPaid CHARTER COMMUNICATIONS $100.01 MONTHLY SERVICE UnPaid CITY OF ALBERTVILLE $11,805.61 2ND HALF FIRE SERVICE UnPaid CITY OF MONTICELLO $232.00 OCT 04 ANIMAL CONTROL UnPaid CROW RIVER FARM EQUIPMEN $531.37 90 FORD DUMP TRUCK UnPaid DAMON FARBER ASSOCIATES $840.75 LILY POND Unpaid DJ'S TOTAL HOME CENTER $59.55 SIGN POST HC UnPaid ECM PUBLISHERS INC $931.42 "PASCHKE UnPaid ELK RIVER FLORAL $45.28 JOE MCPHERSON - FLOWERS UnPaid ELK RIVER MUNICIPAL UTILITIE $37.83 PEAVEY HOUSE Unpaid EMPLOYER PLAN SERVICES IN $638.21 BLDG - DEC DENTAL UnPaid FERGUS POWER PUMP INC $19,439.40 HAULING UnPaid FINKEN'S WATER CARE $111.86 SHOP UnPaid FORTIS BENEFITS INSURANCE $187.65 PW - DEC UnPaid G & K TEXTILE LEASING SYSTE $525.25 UNIFORMS UnPaid GLENS TRUCK CENTER INC $322.17 FORD TRCK AIR ELEMENT UnPaid GME CONSULTANT,. INC. $5,589.00 MACIVER AVE UnPaid HAKANSON ANDERSON ASSOC $159,697.87 PRAIRIE CREEK 4 UnPaid HAROLD LEONARD $644.23 MILEAGE 1579 MILES UnPaid 194 WEST CHAMBER OF COMM $10.00 ST MICHAEL BUS COUNCIL Unpaid ICMA RETIREMENT TRUST $422.31 PPE 12/4 CK DTD 12/8 Unpaid INDEPENDENT TESTING TECH I $2,830.00 85TH ST PROJECT Unpaid JERRY OLSON $1,400.00 11/16 - 12/04 2004 UnPaid JUDY HUDSON $43.00 NOTARY RENEWAL UnPaid LITTLE FALLS MACHINE $64.28 90 FORD DUMP TRK UnPaid LONG & SONS $844.31 CLEANING UnPaid MAMA $18.00 NOV 18 MEETING $45.00 BARB - DEC, 3RD 04 MEETING UnPaid MBPTA $85.17 SUPPLIES TARP FOR SALT UnPaid MENARDS $39.03 PEAVEY HOUSE UnPaid UnPaid MINNEGASCO MN DEPARTMENT OF HEALTH - $1,087.00 10/1 TO 12/31 04 UnPaid NAPA OF ELK RIVER INC $1,308.89 DURO/PTEX EXTEND RUS UnPaid NATIONAL MCGRUFF HOUSE NE $35.40 START UP KIT UnPaid NORTH HENNEPIN COMM COLL $639.00 BARB ID 00190973 SPRING 05 UnPaid NORTHERN TOOL & EQUIPMEN $746.41 SUPPLIES UnPaid NORTHWEST ASSOC CONSULT $11,384.53 RIVERWOOD NATIONAL UnPaid PUBLIC EMPLOYEES RETIREME $2,397.44 PPE 12/4 CK DTD 12/8 UnPaid PURCHASE POWER $29.00 POSTAGE UnPaid RANDY'S SANITATION $141.79 8899 NASHUA AVE UnPaid RICK & REBECCA GRUPA $1,000.00 LNDSCP 17901 62ND LN UnPaid RMR SERVICES, INC $534.63 METERS UnPaid SAVOIE SUPPLY $182.26 DE SOLV UnPaid SUPERIOR SEPTIC SYSTEMS IN $75.00 PERMIT VOIDED PO4-608 UnPaid T & S TRUCKING BUFFALO INC $125.00 ARBOR CREEK ST SWEEPING UnPaid TOSHIBA AMERICA INFO SYS IN $255.83 TOSHIBA COPIER UnPaid TROPHIES PLUS $90.95 NAME PLATES UnPaid UNIVERSAL ENTERPRISES OF M $6,330.24 PUBLIC WORKD PAVING CITY OF OTSEGO 12/09/04 10:42 AM Page 2 *Check Summary Register(g) DECEMBER 2004 Total Checks $296,017.33 FILTER: None Name Check Date Check Amt UnPaid VINYL GRAPHICS $50.00 LETTERING FOR NEW TRK UnPaid WRIGHT COUNTY AUDITOR -TRE $44,262.40 DEC 04 SHERIFF PATROL UnPaid WRIGHT COUNTY HIGHWAY DE $93.78 COLD PATCH UnPaid WRIGHT-HENNEPIN CO-OP ELE $3,274.00 MONTHLY SERVICE FEE Unpaid XCEL ENERGY $120.34 RIVERPOINTE Unpaid XEROX CORPORATION $507.66 XEROX COPIER Total Checks $296,017.33 FILTER: None CITY OF OTSEGO 12/09/04 10:44 AM Page 1 *Check Detail Register© DECEMBER 2004 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid AFFORDABLE SANITATION E 101-45250-410 Rentals (GENERAL) $535.00 737 HC UNIT RENTAL NOVEMBER Total AFFORDABLE SANITATION $535.00 Unpaid AIRGAS, INC. E 101-43100-210 Operating Supplies (GENERAL) $9.80 105133622 MAINT FEE E101-43100-210 Operating Supplies (GENERAL) $21.02 105144925 ACETYLENE Total AIRGAS, INC. $30.82 Unpaid ARROW TERMINAL LLC E101-43100-240 Small Tools and Minor Equip $225.11 28015 DRILL BIT KIT Total ARROW TERMINAL LLC $225.11 Unpaid BARB WILLIAMS E 250-42410-321 Mileage/Travel $364.08 MILEAGE 10/4 - 12/3 Total BARB WILLIAMS $364.08 Unpaid BERLIN TIRE CENTER, INC E101-43100-400 Repairs & Maint Cont (equip) $66.99 2790026942 94 FORD TRK Total BERLIN TIRE CENTER, INC $66.99 Unpaid BLUE CROSS BLUE SHIELD OF MN E 101-41400-123 Health $2,170.00 ADMIN E250 -42410-i23 Health $3,105.00 BLDG E 101-43100-123 Health $1,327.00 PW E 101-41600-123 Health $671.00 FINANCE Total BLUE CROSS BLUE SHIELD OF MN $7,273.00 Unpaid BOISE CASCADE OFFICE PRODUCTS E 101-41400-201 Office Supplies $23.38 223448 OFFICE SUPPLIES E 101-41400-201 Office Supplies $83.78 305596 OFFICE SUPPLIES E 10141400-201 Office Supplies $144.18 45087 OFFICE SUPPLIES E 101-41400-201 Office Supplies $46.75 829909 OFFICE SUPPLIES E 101-42150-310 Miscellaneous $41.48 939039 OFFICE SUPPLIES Total BOISE CASCADE OFFICE PRODUCTS $339.57 Unpaid BOYER TRUCKS E 101-43100-220 Repair/Maint Supply (GENERAL) $17.81 33871R SHUTOFF VALVE E 101-43100-220 Repair/Maint Supply (GENERAL) $174.53 33893R DUST SHIELD E 101-43100-220 Repair/Maint Supply (GENERAL) ($87.27) 33893R CREDIT DUST SHIELD E 101-43100-220 Repair/Maint Supply (GENERAL) $136.87 33894R SH ASY FR 90 TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $50.96 33935R 90 DUMP TRK Total BOYER TRUCKS $292.90 Unpaid BRAUN INTERTEC E 428-49400-302 Engineering Fees $92.75 238219 KURTTI WATERMAIN Total BRAUN INTERTEC $92.75 Unpaid BRIGGS & MORGAN E 426-43100-301 Legal Services $4,585.00 FILE 23377.9 Total BRIGGS & MORGAN $4,585.00 Unpaid CHARTER COMMUNICATIONS E 101-41400-390 Contracted Services $100.01 MONTHLY SERVICE Total CHARTER COMMUNICATIONS $100.01 Unpaid CITY OF ALBERTVILLE E 211-42200-390 Contracted Services $11,805.61 2004121 2ND HALF FIRE SERVICE CITY OF OTSEGO 12/09/04 10:44 AM Page 2 *Check Detail Register© DECEMBER 2004 Check Amt Invoice Comment Total CITY OF ALBERTVILLE $11,805.61 Unpaid CITY OF MONTICELLO E 101-42710-390 Contracted Services $232.00 7791 OCT 04 ANIMAL CONTROL Total CITY OF MONTICELLO $232.00 Unpaid CROW RIVER FARM EQUIPMENT E 101-43100-220 Repair/Maint Supply (GENERAL) $372.05 108353 90 FORD DUMP TRUCK E101-43100-220 Repair/Maint Supply (GENERAL) $159.32 108687 90 FORD DUMP TRK Total CROW RIVER FARM EQUIPMENT $531.37 Unpaid DAMON FARBER ASSOCIATES E 203-45210-390 'Contracted Services $840.75 16600 LILY POND Total DAMON FARBER ASSOCIATES $840.75 Unpaid DJ'S TOTAL HOME CENTER E 101-43100-203 Supplies - General ($2.00) CREDIT E 101-41940-203 Supplies - General $38.28 863882 SIGN POST HC E 101-43100-203 Supplies - General $5.30 866339 CONDUIT PVC E 101-43100-203 Supplies - General $10.96 866350 PIPE PVC/CONDUIT PVC E 101-43100-220 Repair/Maint Supply (GENERAL) $7.01 871064 SIGN POST LONG HAUL Total DJ'S TOTAL HOME CENTER $59.55 Unpaid ECM PUBLISHERS INC E 101-41400-350 Print/Binding (GENERAL) $46.20 179432 PH PARK & TRAIL E 101-41400-350 Print/Binding (GENERAL) $46.20 179433 PUBLIC HEARING E 101-41400-350 Print/Binding (GENERAL) $56.10 179434 ORDINANCE 24 E 101-41400-350 Print/Binding (GENERAL) $46.20 179435 PUBLIC HEARING E 101-41400-350 Print/Binding (GENERAL) $125.40 179896 PUBLIC HEARING E 101-41400-350 Print/Binding (GENERAL) $49.50 179897 PASCHKE E 101-41400-350 Print/Binding (GENERAL) $105.60 180355 PUBLIC HEARING E 101-41400-350 Print/Binding (GENERAL) $62.70 180356 ORDINANCE E 101-41400-350 PrinUBinding (GENERAL) $211.20 180357 PLANNING & ZONING E 101-45250-350 PrinUBinding (GENERAL) $182.32 180483 SANTA PARK/REC Total ECM PUBLISHERS INC $931.42 Unpaid ELK RIVER FLORAL E 101-41400-310 Miscellaneous $45.28 30020 JOE MCPHERSON - FLOWERS Total ELK RIVER FLORAL $45.28 Unpaid ELK RIVER MUNICIPAL UTILITIES E 101-41970-322 Utilities $37.83 PEAVEY HOUSE Total ELK RIVER MUNICIPAL UTILITIES $37.83 Unpaid EMPLOYER PLAN SERVICES INC E 250-42410-123 Health $236.59 BLDG - DEC DENTAL E 101-41600-123 Health $28.09 FINANCE - DEC E 101-43100-123 Health $159.89 PW - DEC E 101-41400-123 Health $213.64 ADMIN - DEC Total EMPLOYER PLAN SERVICES INC $638.21 Unpaid FERGUS POWER PUMP INC E 602-49450-419 SLUDGE HAULING $19,439.40 7047 HAULING Total FERGUS POWER PUMP INC $19,439.40 Unpaid FINKEN'S WATER CARE E 101-41940-390 Contracted Services $71.92 CITY HALL E 101-43100-310 Miscellaneous $10.12 SHOP E 101-41.950-310 Miscellaneous $29.82 13620 90TH ST CITY OF OTSEGO 12/09/04 10:44 AM Page 3 *Check Detail Register© DECEMBER 2004 Check Amt Invoice Comment Total FINKEN'S WATER CARE $111.86 Unpaid FORTIS BENEFITS INSURANCE CO E 250-42410-130 Employer Paid Ins (GENERAL) $54.00 BLDG - DEC E 101-41600-130 Employer Paid Ins (GENERAL) $13.50 FINAINCE - DEC E101-41400-130 Employer Paid Ins (GENERAL) $54.00 ADMIN - DEC E101-43100-130 Employer Paid Ins (GENERAL) $66.15 PW - DEC Total FORTIS BENEFITS INSURANCE CO $187.65 Unpaid G & K TEXTILE LEASING SYSTEM E 101-43100-225 Uniforms $146.55 43614780 UNIFORMS E 101-41400-390 Contracted Services $72.65 43619686 MATS E 101-43100-225 Uniforms $50.03 43619687 UNIFORMS E 101-43100-225 Uniforms $45.39 43624588 UNIFORMS E 101-41400-390 Contracted Services $72.65 43629539 MATS E 101-43100-225 Uniforms $81.81 43629540 UNIFORMS E 10143100-225 Uniforms $56.17 43634406 UNIFORMS Total G & K TEXTILE LEASING SYSTEM $525.25 Unpaid GLENS TRUCK CENTER INC E 101-43100-220 Repair/Maint Supply (GENERAL) $44.86 1243160072 CABLE/JUC BOX/ID BAR E101-43100-220 Repair/Maint Supply (GENERAL) $8.43 1243170035 TRAILER CABLE E101-43100-220 Repair/Maint Supply (GENERAL) $159.75 1243220013 GRILLE, AIR TANK E101-43100-220 Repair/Maint Supply (GENERAL) $57.40 1243220035 OIL BATH SEAL E 101-43100-220 Repair/Maint Supply (GENERAL) $51.73 1243350056 FORD TRCK AIR ELEMENT Total GLENS TRUCK CENTER INC $322.17 Unpaid GME CONSULTANT,. INC. E 427-43100-302 Engineering Fees $5,589.00 21023 MACIVER AVE Total GME CONSULTANT,. INC. $5,589.00 Unpaid HAKANSON ANDERSON ASSOC INC E 20345210-302 Engineering Fees ($579.34) WELL PRAIRIE PARK E 101-41560-302 Engineering Fees $461.25 MSAA E 10141560-302 Engineering Fees $847.50 STAFF MEETING E 203-45210-302 Engineering Fees $774.38 12151 PRAIRIE PARK E 203-45210-302 Engineering Fees $35.75 12152 LILY POND G 701-22396 ARBOR CREEK 2ND $22,702.86 12153 ARBOR CRK 2 G 701-22397 SUNRAY FARMS 2ND $2,908.05 12155 SUNRAY FARMS G 701-22401 ZIMMERFARMS 3RD $557.50 12156 ZIMMER FARMS 3 G 701-22402 WATERFRONT 4 HEMPEL $410.06 12157 HEMPLE G 701-22408 Prairie Creek 6th $1,148.06 12158 PRAIRIE CRK 6 G 701-22393 THE VILLAGE CONCEPT PLAN $2,345.51 12159 REMINGTON COVE G 701-22387 ARBOR PLACE PPREZONE $191.13 12160 ARBOR PLACE G 701-22394 DUERR PROP $2,346.13 12161 HERITAGE E 101-41560-302 Engineering Fees $112.50 12163 04 ROAD MAIN E 101-41560-302 Engineering Fees $150.00 12166 WETLANDS ACT 91 E 430-43256-302 Engineering Fees $248.53 12170 W LIFT STATION E3 E 430-43256-302 Engineering Fees $1,219.51 12172 W LIFT STATION G 701-22370 KC TRUNK UTIL IMP $79.13 12173 KITT TUNK WATER.SEWER G 701-22415 NORIN'S LANDING $1,404.00 12176 NORINS LANDING G 701-22384 FOREST HILLS $102.61 12178 FOREST HILLS G 701-22374 KITTREDGE FINAL $274.79 12188 KITTR 2,3,4 G 701-22398 PRAIRIE OAKS $2,197.60 12191 PRAIRIE OAKS E 250-42410-302 Engineering Fees $912.56 12192 TRUNK HWY 101 E 428-49400-302 Engineering Fees $303.66 12193 WEST WATER TOWER E 430-43256-302 Engineering Fees $1,059.63 12194 W PUMP HOUSE/TANK E 499-49400-302 Engineering Fees $1,380.00 12195 CITY WELL HEAD PRO E 430-43256-302 Enqineering Fees $198.75 12196 WEST SEWER PLANT CITY OF OTSEGO 12/09/04 10:44 AM Page 4 *Check Detail Register© DECEMBER 2004 G 701-22361 SUN RAY FARMS G 701-21940 The "Point 1 & 2" - Big Ed's G 701-22369 OR H ZIMMER PROP E 101-41560-302 Engineering Fees G 701-22377 OTSEGO WEST PP E 101-43100-302 Engineering Fees E 101-41560-302 Engineering Fees G 701-22413 OTSEGO PRESERVE II E 42849400-302 Engineering Fees E 426-43100-302 Engineering Fees G 701-22374 KITTREDGE FINAL G 701-22409 PLEASANT CRK 3RD G 701-22406 KITCROSS 5/6 E 427-43100-302 Engineering Fees G 701-22386 TOM THUMB VAC EASEMENT G 701-22389 TMOBILE CUP E 101-41560-302 Engineering Fees Total HAKANSON ANDERSON ASSOC INC Unpaid HAROLD LEONARD $4,068.55 12207 Check Amt Invoice Comment G 701-21974 Prairie Creek 4th $71.50 12197 PRAIRIE CREEK 4 G 701-22315 OTSEGO MEADOWS GOLF $5,159.27 12198 RIVERWOOD NATIONAL G 701-22321 RIVERPOINTE 2ND12199 $1,029.77 $847.50 RIVER POINTE 2 G 701-22324 RIVERPOINTE 3 $926.72 12200 RIVERPOINTE 3 G 701-22388 DENTAL OFFICE SHEILDS $88.01 12202 SHEILS G 701-22349 ARBOR CREEK $244.67 12203 ARBOR CREEK G 701-22354 ORRIN THOMO CONCEPT $2,200.23 12204 RIVER PLACE G 701-22371 PHEAST RIDGE 8 $81.13 12205 PR 8TH G 701-22366 MARTIN FARMS $27,550.47 12206 MARTIN FARMS G 701-22361 SUN RAY FARMS G 701-21940 The "Point 1 & 2" - Big Ed's G 701-22369 OR H ZIMMER PROP E 101-41560-302 Engineering Fees G 701-22377 OTSEGO WEST PP E 101-43100-302 Engineering Fees E 101-41560-302 Engineering Fees G 701-22413 OTSEGO PRESERVE II E 42849400-302 Engineering Fees E 426-43100-302 Engineering Fees G 701-22374 KITTREDGE FINAL G 701-22409 PLEASANT CRK 3RD G 701-22406 KITCROSS 5/6 E 427-43100-302 Engineering Fees G 701-22386 TOM THUMB VAC EASEMENT G 701-22389 TMOBILE CUP E 101-41560-302 Engineering Fees Total HAKANSON ANDERSON ASSOC INC Unpaid HAROLD LEONARD $4,068.55 12207 SUNRAY FARMS $94.26 12210 THE POINTE 2 $10,380.35 12211 ZIMMER FARMS $927.10 12212 CITY MAP $1,031.12 12214 OTSEGO PRESERVE $2,608.39 12215 PUBLIC WORKS $847.50 12216 MISC $1,349.50 12218 OT PRES 2 $389.32 12257 KURTTI WATERMAIN $3,166.50 12258 QUADAY 78/37 $103.98 12259 KITTREDGE $7,161.19 12263 PLST CRK 3 $10,457.81 12264 KITT 5,6 $33,122.19 12265 MACIVER $993.47 12267 TOM THUMB $45.00 12267 TMOBILE $1,807.76 12267 MISC $159,697.87 E 250-42410-320 Telephone $60.00 NOV CELL PHONE E 250-42410-321 Mileage/Travel $584.23 NOV MILEAGE 1579 MILES Total HAROLD LEONARD $644.23 Unpaid 194 WEST CHAMBER OF COMMERCE E 101-41400-360 Education/Training/Conferences $10.00 ST MICHAEL BUS COUNCIL Total 194 WEST CHAMBER OF COMMERCE $10.00 Unpaid ICMA RETIREMENT TRUST G101-21705 Other Retirement $230.00 PPE 12/4 CK DTD 12/8 E 101-41400-121 PERA $192.31 PPE 12/4 CK DTD 12/8 Total ICMA RETIREMENT TRUST $422.31 Unpaid INDEPENDENT TESTING TECH INC E 435-43100-302 Engineering Fees $2,830.00 17179 85TH ST PROJECT Total INDEPENDENT TESTING TECH INC $2,830.00 Unpaid JERRY OLSON E 250-42410-390 Contracted Services $1,400.00 11/16 - 12/04 2004 Total JERRY OLSON $1,400.00 Unpaid JUDY HUDSON E 101-41400-310 Miscellaneous $43.00 NOTARY RENEWAL Total JUDY HUDSON $43.00 Unpaid LITTLE FALLS MACHINE E 101-43100-220 Repair/Maint Supply (GENERAL) $64.28 32750 90 FORD DUMP TRK Total LITTLE FALLS MACHINE $64.28 Unpaid LONG & SONS CITY OF OTSEGO 12/09/04 10:44 AM Page 5 *Check Detail Register© DECEMBER 2004 Check Amt Invoice Comment E10141940-203 Supplies -General $98.81 04-70 SUPPLIES E 101 -41 940-389 Cleaning Services $745.50 04-70 CLEANING Total LONG & SONS $844.31 Unpaid MAMA E 101-41400-360 Education/Training/Conferences $18.00 994 NOV 18 MEETING Total MAMA $18.00 Unpaid MBPTA E 250-42410-355 Dues & Memberships $30.00 BARB 2005 MEMBERSHIP DUES E 250-42410-355 Dues & Memberships $15.00 BARB - DEC, 3RD 04 MEETING Total MBPTA $45.00 Unpaid MENARDS E101-43100-203 Supplies- General $85.17 15932 SUPPLIES TARP FOR SALT Total MENARDS $85.17 Unpaid MINNEGASCO E 101-41950-322 Utilities $39.03 PEAVEY HOUSE Total MINNEGASCO $39.03 Unpaid MN DEPARTMENT OF HEALTH - WATE E 601-49400-375 WATER TEST FEE $1,087.00 10/1 TO 12/31 04 Total MN DEPARTMENT OF HEALTH - WATE $1,087.00 Unpaid NAPA OF ELK RIVER INC E 101-43100-220 Repair/Maint Supply (GENERAL) $700.67 110349 90 DUMP TRUCK SUPPLIES E 101-43100-203 Supplies - General $73.75 110658 PAPER/REGULATOR E 101-43100-203 Supplies - General $25.89 111516 QMETAL MASK E 101-43100-220 Repair/Maint Supply (GENERAL) $156.87 111924 BLACK/REDUCER E 101-43100-203 Supplies - General $48.01 112942 STELL WEUBRUSH E 101-43100-220 Repair/Maint Supply (GENERAL) $54.84 112942 ALARM 90 TRK E 101-43100-220 Repair/Maint Supply (GENERAL) $9.14 113114 GL BLACK E 101-43100-220 Repair/Maint Supply (GENERAL) $85.03 113127 HOSE END/HOSE E 1.01-43100-220 Repair/Maint Supply (GENERAL) $113.20 114188 WHL NUT/REDUCER/HARDN E 101-43100-220 Repair/Maint Supply (GENERAL) $20.22 191113 DEGREASER CONC E 101-43100-220 Repair/Maint Supply (GENERAL) $21.27 191993 DURO/PTEX EXTEND RUS Total NAPA OF ELK RIVER INC $1,308.89 Unpaid NATIONAL MCGRUFF HOUSE NETWORK E 101-42150-310 Miscellaneous $35.40 N3051 START UP KIT Total NATIONAL MCGRUFF HOUSE NETWORK $35.40 Unpaid NORTH HENNEPIN COMM COLLEGE E 250-42410-360 Education/Training/Conferences $639.00 BARB ID 00190973 SPRING 05 Total NORTH HENNEPIN COMM COLLEGE $639.00 Unpaid NORTHERN TOOL & EQUIPMENT CO E101-43100-203 Supplies- General $60.62 0192005201 SUPPLIES E101-43100-203 Supplies -General $46.80 0194045902 SUPPLIES E101-43100-240 Small Tools and Minor Equip $638.99 0194045960 GENERATOR Total NORTHERN TOOL & EQUIPMENT CO $746.41 Unpaid NORTHWEST ASSOC CONSULTANTS G 701-22427 OTSEGO ELEM TEMP SALES $155.35 13994 OTSEGO ELEM TEMP SALES G 701-22400 EWATERFRONTPUD/AMEND $68.00 13994 WATERFRONT E PUD G 701-22421 CUP MAR FARM POOL $343.00 13994 MARTIN FARMS G 701-22414 GOODYEAR/LANDCOR $81.15 13994 GOODYEAR G 701-22315 OTSEGO MEADOWS GOLF $314.50 13994 RIVERWOOD NATIONAL CITY OF OTSEGO 12/09/04 10:44 AM Page 6 *Check Detail Register© DECEMBER 2004 E 101-41570-303 Planning Fees $2,500.00 13998 COMP PLAN Total NORTHWEST ASSOC CONSULTANTS $11,384.53 Unpaid PUBLIC EMPLOYEES RETIREMENT FD E 101-43100-121 Check Amt Invoice Comment G 701-22401 ZIMMERFARMS 3RD $34.00 13994 ZIMMER FARMS 3 G 701-22389 TMOBILE CUP $183.30 13994 T MOBILE CUP G 701-22428 ROSE KENNEL $103.45 13994 ROSE ANIMAL KENNEL G 701-22366 MARTIN FARMS $129.00 13994 MARTIN FARMS G 701-22394 DUERR PROP $1,017.40 13994 DUERR G 701-22415 NORIN'S LANDING $170.00 13994 NORINS LANDING G 701-22392 MISSISSIPPI COVE $437.07 13994 MISSISSIPPI COVE G 701-22423 CUP PASCHKE MISS PINES $526.70 13994 PASCHKE G 701-22424 Hamlet Prop $494.80 13994 HAMLET CONCEPT G 701-22419 ZIMMER 4TH $399.89 13994 ZIMMER FARMS 4 G 701-22422 ROTTLUND HOMES $238.00 13994 ROTTLUND G 701-22402 WATERFRONT 4 HEMPEL $34.00 13994 HEMPLE PUD E 101-41570-303 Planning Fees $773.00 13995 COMP PLAN EXTRAS E 101-41570-303 Planning Fees $321.25 13995 SWIMMING POOLS E 101-41570-303 Planning Fees $50.75 13995 PEAVEY HOUSE E 101-41570-303 Planning Fees $36.25 13995 PUBLIC WORKS SITE E 101-41570-303 Planning Fees $962.19 13995 GENERAL E 25042410-310 Miscellaneous $811.48 13996 CODE ENFORCEMENT E 10141570-303 Planning Fees $1,200.00 13997 MEETINGS E 101-41570-303 Planning Fees $2,500.00 13998 COMP PLAN Total NORTHWEST ASSOC CONSULTANTS $11,384.53 Unpaid PUBLIC EMPLOYEES RETIREMENT FD E 101-43100-121 PERA E 101-41400-121 PERA G 101-21704 PERA E 250-42410-121 PERA E 101-41550-121 PERA E 101-41600-121 PERA Total PUBLIC EMPLOYEES RETIREMENT FD Unpaid PURCHASE POWER $333.91 PPE 12/4 CK DTD 12/8 $241.02 PPE 12/4 CK DTD 12/8 $1,150.21 PPE 12/4 CK DTD 1218 $408.53 PPE 12/4 CK DTD 12/8 $190.79 PPE 12/4 CK DTD 12/8 $72,98 PPE 12/4 CK DTD 12/8 $2,397.44 E 101-41400-206 Postage $29.00 POSTAGE Total PURCHASE POWER $29.00 Unpaid RANDY'S SANITATION E 101-43100-325 Garbage Service $58.97 13474 95TH ST E 101-41940-325 Garbage Service $82.82 8899 NASHUA AVE Total RANDY'S SANITATION $141.79 Unpaid RICK & REBECCA GRUPA E 702-41400-310 Miscellaneous $1,000.00 LNDSCP 17901 62ND LN Total RICK & REBECCA GRUPA $1,000.00 Unpaid RMR SERVICES, INC E 601-49400-203 Supplies - General $534.63 2004-149 METERS Total RMR SERVICES, INC $534.63 Unpaid SAVOIE SUPPLY E 101-43100-210 Operating Supplies (GENERAL) $182.26 1652798.001 DE SOLV Total SAVOIE SUPPLY $182.26 Unpaid SUPERIOR SEPTIC SYSTEMS INC R 250-32270 SEPTIC PERMITS $75.00 PERMIT VOIDED PO4-608 Total SUPERIOR SEPTIC SYSTEMS INC $75.00 Unpaid T & S TRUCKING BUFFALO INC G 701-22349 ARBOR CREEK $125.00 211 ARBOR CREEK ST SWEEPING CITY OF OTSEGO 12/09/0410:44 AM Page 7 *Check Detail Register© 10100 BANK OF ELK RIVER $296,017.33 DECEMBER 2004 Check Amt Invoice Comment Total T & S TRUCKING BUFFALO INC $125.00 Unpaid TOSHIBA AMERICA INFO SYS INC E101-41400-413 Office Equipment Rental $255.83 40718821 TOSHIBA COPIER Total TOSHIBA AMERICA INFO SYS INC $255.83 Unpaid TROPHIES PLUS E 101-41400-310 Miscellaneous $90.95 NAME PLATES Total TROPHIES PLUS $90.95 Unpaid UNIVERSAL ENTERPRISES OF MIDMN E 101-43100-530 Improvements Other Than Bldgs $6,330.24 367533 PUBLIC WORKD PAVING Total UNIVERSAL ENTERPRISES OF MIDMN $6,330.24 Unpaid VINYL GRAPHICS E101-43100-203 Supplies -General $50.00 2473 LETTERING FOR NEW TRK Total VINYL GRAPHICS $50.00 Unpaid WRIGHT COUNTY AUDITOR -TREASURE E 101-42100-390 Contracted Services $44,262.40 04-12 DEC 04 SHERIFF PATROL Total WRIGHT COUNTY AUDITOR -TREASURE $44,262.40 Unpaid WRIGHT COUNTY HIGHWAY DEPT E 101-41400-348 Maps $37.55 1297 COUNTY MAPS E 101-43100-434 Blacktop Patching $56.23 4361 COLD PATCH Total WRIGHT COUNTY HIGHWAY DEPT $93.78 Unpaid WRIGHT-HENNEPIN CO-OP ELECTRIC E 601-49400-390 Contracted Services $1,637.00 13595 MONTHLY SERVICE FEE E 602-49450-390 Contracted Services $1,637.00 13595 MONTHLY SERVICE FEE Total WRIGHT-HENNEPIN CO-OP ELECTRIC $3,274.00 Unpaid XCEL ENERGY E 101-43160-322 Utilities $120.34 RIVERPOINTE Total XCEL ENERGY $120.34 Unpaid XEROX CORPORATION E101-41400-413 Office Equipment Rental $507.66 006493031 XEROX COPIER Total XEROX CORPORATION $507.66 10100 BANK OF ELK RIVER $296,017.33 CITY OF OTSEGO 12/09/04 10:44 AM Page 8 *Check Detail Register© DECEMBER 2004 $296,017.33 Check Amt Invoice Comment Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $80,365.80 203 PARK DEVELOPMENT $1,071.54 211 Albertville Fire District $11,805.61 250 BUILDING PERMIT FEES $8,695.47 426 Quaday & 78th PROJECT $7,751.50 427 MACIVER/70TH ST ACCESS $38,711.19 428 WEST WATER PROJ $785.73 430 West Trtmnt Plant -Phase 1 $2,726.42 435 85th Street Project - East $2,830.00 499 WELLHEAD PROTECTION PROJECT $1,380.00 601 WATER FUND $3,258.63 602 SEWER FUND $21,076.40 701 DEVELOPMENT ESCROWS FUND $114,559.04 702 BUILDERS ESCROW FUND $1,000.00 $296,017.33 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com ITEM 5.2 MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 7 December 2004 RE: Otsego — Subdivision Ordinance; Park and Trail Dedication NAC FILE: 176.08 BACKGROUND The City's current park and trail fee in lieu of was adopted by the City Council on 8 March 2004. To ensure that the park and trail dedication fee in lieu of land is adequate and representative of the impacts of new development to the City's park system, the fee should be reviewed annually. ANALYSIS Current Fee. The City's current park and trail fee in lieu of land for residential development is $2,820.00 per dwelling unit. The fee is based on the estimated cost of land acquisition ($1,600.00 per dwelling unit) and construction costs for development of new neighborhood park facilities ($530.00 per dwelling, per square mile) using data generated in 2003 and $690.00 per dwelling for future construction of a community center. Park and Trail dedication fees in lieu of land for commercial and industrial subdivisions are $7,000.00 and $3,500.00 per gross acre respectively, based on 2003 land values. Land Cost. No change in residential, commercial or industrial land prices from those cited in our office's 29 January 2004 memorandum has been observed by City Staff during 2004. As such, the land value component of the residential cash fee in lieu of land is not recommended to be changed. We also do not recommend changes to the commercial ($7,000.00 per acre) and industrial fee ($3,500.00 per acre) in lieu of land for the same reason. Construction Cost. The Engineering News -Record establishes a construction cost index that can be applied to project estimates over time to account for changes in labor and materials costs. Based on the year end construction cost index for 2003 and the construction cost index for October 2004, the cost per dwelling unit per square mile for development of a neighborhood park has increased from $530.00 to $579.00. Community Center. Research was also done in the 2003 analysis regarding the cost for construction of a community center similar to that built by Monticello, Maple Grove, Becker and Elk River. The assumed cost of a similar facility for Otsego was $14,800,000 based on that data. Under park and trail dedication requirements, the City may include that portion of the cost for a community center to be borne by new residents moving into the community. The 2000 Census identifies Otsego as having 2,062 households. The City is projected to have a household count of 21,471 by 2040 based on a growth rate of 400 to 600 new households per year. As such, the cost per household for the proposed community center would be $690.00, which may be added to the park and trail fee in lieu of land. The construction cost index must also be applied to the estimated cost of constructing a future community center to account for inflation. Again using the 2003 year end index and the October 2004 index, the cost per household for construction of a future community center should be increased from $690.00 to $753.00. Public Hearing. The Planning Commission held a public hearing on 6 December 2004 to consider the proposed amendment. There were no comments from the public and the public hearing was closed. After discussing how the City accounts for the funds received from cash fees in lieu of land dedications, the Planning Commission voted 7-0 to approve the proposed amendment. CONCLUSION Our office recommends that the park and trail fee for residential subdivisions be amended to $2,932.00. The City Council is to consider the proposed amendment and the recommendation of the Planning Commission at their meeting on 13 December 2004. C. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner 2 ORDINANCE NO.: 2004-26 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN PARK DEDICATION FEES IN LIEU OF LAND FOR RESIDENTIAL SUBDIVISIONS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 21-7-18.1.1 of the Otsego Subdivision Ordinance is hereby amended to read as follows: 1. Residential Development: $2,932.00 per dwelling unit. Section 2. This Ordinance shall become effective immediately upon its passage and publication. PASSED by the Otsego City Council this 13th day of December, 2004. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA APPLICANT: T -Mobile USA ITEM 5.3 12-07-04 FINDINGS & DECISION CONDITIONAL USE PERMIT APPLICATION: Action initiated by the City of Otsego to revoke the CUP for installation of PCS antennas on an existing tower for failure to comply with all conditions of approval. CITY COUNCIL MEETING: 13 December 2004 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 as follows: TH PRT OF SW1/4OF SE1/4DES BEG SW COR TH N 0130'0"E ALG W LN272FT TH S90DO'O"E313.83FT TH SODO'0"W273.89FT TO S LN TH N89D28'18"W ALG S LN313.84FT TO POB. B. The property lies within the Urban Service Expansion Area and is guided for low density residential uses by the Otsego Comprehensive Plan, as amended. C. The property is A-1, Agriculture Rural Service Area District. D. Section 20-33-4.A.2 of the Zoning Ordinance allows PCS antennas not located upon a public structure as a conditional use. E. The City Council approved a CUP for T -Mobile USA on 22 March 2004 allowing installation of PCS antennas upon an existing tower on the property subject to four conditions. As of 9 August 2004, the condition requiring alteration of site grades to improve visibility at the intersection of CSAH 37 and Odean Avenue had not been completed. The City Council directed the Planning Commission to hold a public hearing to consider revocation of the CUP for failure to comply with the conditions of approval. F. 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: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. 3. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). 4. The proposed use's effect upon the area in which it is proposed. 5. The proposed use's impact upon property values of the area in which it is proposed. 6. Traffic generation by the proposed use in relation to capabilities of streets servicing the property. 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. G. The planning report dated 2 September 2004 prepared by the City Planner, Northwest Associated Consultants, inc., is incorporated herein. H. T -Mobile USA completed required site work on 22 November 2004 to fully comply with the conditions of CUP approval. The Otsego Planning Commission conducted a public hearing at their regular 7 September 2004 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 at their meeting on 6 September 2004 recommended by a 7-0 vote that the City Council not revoke the CUP based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the CUP to allow a PCS antenna not on a public structure shall not be revoked, subject to the following condition: Appropriate vegetative ground cover is established over areas of the site that were graded no later than 1 June 2005, subject to approval of the City Engineer. PASSED by the Otsego City Council this 13"' day of December, 2004. CITY OF OTSEGO By: Larry Fournier, Mayor Attest: Judy Hudson, Zoning Administrator/City Clerk 2 APPLICATION AND CERTIFICATE FOR PAYMENT TO OWNER: PROJECT: Mike Robertson - City Administrator Lilypond Park City of Otsego, 8899 Nashua Ave. NE, Otsego, MN Otsego, MN FROM CONTRACTOR: VIA ARCHITECT: American Liberty Construction, Inc. Damon Farber Associate: P.O. Box 547, Rockford, MN 55373 923 Nicollet Mall CONTRACT FOR General Construction Minneapolis, MN 55402 CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation sheet is attached. 1). ORIGINAL CONTRACT SUM ............... $345,400:00 2). Net change by Change Order .............. $44,734.17 3). CONTRACT SUM TO DATE (Line 1 +/- 2) ...... $390,134.17 4). TOTAL COMPLETED AND STORED TO DATE .... $379,724.03 (Column G on Cont. Sheet) 5). RETAINAGE: a). 0 % of Completed Work $0.00 (Columns D + E on Cont. Sheet) b). 0 % of Stored Material $0.00 (Column F on Cont. Sheet) Total Retainage (Line 5a + 5b or $0.00 Total in Column I of Cont. Sheet) .......... 6). TOTAL EARNED LESS RETAINAGE ........... $379,724.03 (Line 4 less Line 5 Total) 7). LESS PREVIOUS CERTIFICATES FOR PAYMENT.. $251,075.04, (Line 6 from previous Certificate) 8). CURRENT PAYMENT DUE ................. $128,648.99 9). BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) $10,410.14 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner $30,751.32 $5,620.00 . Total approved this Month $20,008.85 $406.00 TOTALS $50,760.17 ($6,026.00 NET CHANGES by Change Ord $44,734.17 Page One of 2 APPLICATION #: FOUR Rev.1 Distribution to: PERIOD TO: 10/31/2004 ❑ OWNER PROJECT #S: Q ARCHITECT. DFA # 04-123 ❑ CONTRACTOR CONTRACT DATE: ❑ June 1., 2004 Th;e undersigned Contractor certifies that to the best of the Contractor's Knowledge, infor nation and belief, the Work covered by this Application for Payment has been corirls-ted in accordance with the Contract Documents, that all amounts have been paid by the :..*entractor for Work for which previous Certificates for Payment were issued and pa}•r,-s�it s received fro the Owner, and t t current payment shown is herein now due. CC't,''"RACT By- Howard 0. Jacobson - Pr Date: 11/3/2004 Sti t,:,. of: Minnesota County of: Wright Su :a~_.ribed and sworn to before me .iris 3rd. day of Nove WENDY LEE ZAHNOW NOTARY PUBLIC. MINNESOTA Noti.. v P4'-li MY COMNuelon ExpIree Jan. 31, 2008 �a4- Mv ;,ommission expires: 01/31/2005 A17,CHITECT'S CERTIFICATION FOR PAYMENT In at ;rdance with the Contract Documents, based on on-site observations and the data com . ing this application. The Architect certifies to the Owner that to the best of.the Arch :t:•.:t's knowledge, information and belief the Work has progressed as indicated, the quss�-,! ;:!f the Work is in accordance with the Contract Documents, and the Contractor is ent;r,.:r. ;o payment of the AMOUNT CERTIFIED. Ah`,'L'NT CERTIFIED ............................................. $ (At ,..) ;h -3xplanation if amount certified differs from the amount applied for. Initial all figures on ;'; 's Application and on the Continuation Sheet that are changed to conform to the am) ,i: certified.) Date y Thi:; C--rti i e is not negotiable. The AMOUNT CERTIFIED is pable only to the NOTE: Invoices unpaid after 30 days incur interest from invoice date at 18% APR. Cort:, ;tor named herein. Issuance, payment and acceptance OT payment are wiuwut Prepared by American Liberty Construction, Inc. prej _c4:e to any rights of the Owner or Contractor under this Contract. P.M.: H. Jacobson Lilypond Park Appl. #: FOUR Rev. 1 Proj. #: 0406 Period From: 09/30/04 Appl. Date: 10/31/04 Otsego, MN To: 10/31/04 Archt's Proj. #: 04-123 A B C E F G H I or in ace at . tore ota omp ete omp ete a ante to Cat. No. Description Scheduled Value W$14,615.00 This Period This Period and Stored %o Finish Retainage 01000 General Conditions $17,615.00 $3,000.00 $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 $33,750.00 $950.00 $0.00 $34,700.00 100% $0.00 $0.00 02230(s) Site Clearing $8,000.00 $8,000.-00 $0.00 $0.00 $8,000.00 100% $0.00 $0.00 02511(s) Asphalt Pavement $46,170.00 $12,000.00 $34,170.00 $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 $24;000.00 $7;115.00 $0.00 $31,115.00 100% $0.00 $0.00 02872(s) Pavilion $19,200.00 $16,000.00 $3,200.00 $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 $4,000:00 $600:00 $0.00 $4,600.00 100% $0.00 $0.00 02900(s) Landscaping $24,449.00 $1;000:00 $22,226.55 $0:00 $23,226.55 95% $1,222.45 $0.00 02930(s) Sodding $1,290.00 $0.00 $1,290.00 $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% $3,420.00 $0.00 03100(s) Concrete Parking Curbs $19,662.00 $19,662.00 ($983.1.0) $0:0.0 $18,678.90 95% $983.10 $0.00 03101(s) Conc. Pavement Play Curbs $31,8.90.00 $31,890.00 $0.00 $0.00 $31,890.00 100% $0.00 $.0.00 $0:00 $0.00 $0.00 $0.00 #DIV/0! 1 $0.00 $0.00 SUBTOTAL $327,712.00 $250,518.00 $71,568.45$0.00 $322,086.45 98% $5,625.55 $0.00 $0.00 $17,503.41 99% $184.59 $0.00 17000 Fee (G) $17,688.00 $13,521.51 $3,862.85 Original Contract Amount $345,400.00 $264,039.51 $75,431.30 $0.00 $339,589.86 98%1 $5,810.14 $0.00 Change Orders: One Deduct picnic tables ($5,620.00) $0.00 ($5;620.0.0) $0.00 ($5,620.00) 100% $0.00 $0.00 Two Add tennis court $30,751.32 $250.00 $25901.32 $0.00 $26,151.32 85% $4,600.00 $0.00 Three Add wood chips for Owner $2,708.85 $0.00 $2,708.85 $0.00 $2,708.85 100% $0.00 $0.00 Four Prairie Park Improvements $17,300.00 $0.00 $17,300:00 $0.00 $17,300.00 100% $0.00 $0.00 Five Credit wood trail sod ($406.00) $0.00 ($406.00) $0.00 ($406.00) 100% $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 #DIV/0! $0.00 $0.00 Current Contract Amount $390,134.17 $264,289.51 $115,315.47 $0.00 $379,724.03 97% $10,410.14 $0.00 Request for Change Orders (Unapproved) Six Owner testing $0.00 $0,.00 $0.00 $0.00 #DIV/0! $0.00 $0.00 Seven Prairie Park outfield fence $0.00 $0.00 $0.00 $0.00 #DIV/0! $0.00 $0.00 Eight Prairie Park play equpt hood $0.00 $0.00 $0.00 $0.00 . #DIV/0! $0.00 $0.00 Etim sated Contract Amount $390,134.17 $264,289.51 $115,315.47 $0.00 $379,724.03 97% $10,410.14 $0.00 0406/pr 7ss/va1ues04rl.x1s AMERICAN LIBERTY "ONSTO.UCTION, INC. Schedule of Valu . Pay .),plication 2of2 PAY ESTIMATE #2 (Final) City of Otsego Project 04.01 Trunk Watermain November 17, 2004 Honorable Mayor 8 City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Project 04-01, 2004 Trunk Watermain Contractor. NaMdale Construction Contract Amount $72,429.77 Award Date: June 16, 2004 Completion Date: August 31, 2004 Dear Honorable Mayor and Council Members: The following work has been completed on the above referenced. project Bid Schedule "A" ITEM 5_5 Item No. Spec. Ref. Description Estimated Quantitiy Contract Unit Price Contract Amount Used to Date Extension 1 2021 Mobilization 1 LS $2.000.00 $2,000.00 1 $2,000.00 2 2101 Clearing and Grubbing 1 LS $500.00 $500.00 1 $500.00 3 1 2105 Granular Foundation Material 250 CY $0.01 $2.50 0 0 4 2573 Bale Check 20 EACH $10.00 $200.00 0 0 5 2573 Silt Fence, Type Machine Sliced 900 LF $2.25 $2,025.00 221 $497.25 6 2575 Seeding - Type Lawn Restoration 2 ACRE $1.079.58 $2,159.16 1.71 $1,846.08 7 2611 Connect to Existing Watermain 1 EACH $750.00 $750.00 1 $750.00 8 2611 16" Ductile Iron Pipe Cl 52 1480. LF $35.85 $53,058.00 1385 $49,652.25 9 2611 8" Ductile Iron Pipe Cl 52 10 LF $24.64 $246.40 3 $73.92 10 2611 6" Ductile Iron Pipe Cl 52 10 LF $21.78 $217.80 8 $174.24 11 2611 Ductile Iron Fittings 2250 LB $2.01 $4,522.50 2397 $4,817.97 12 2611 16" Butterfly Valve and Box 2 EACH $1,816.90 $3,633.80 1 $1,816.90 13 2611 6" Gate Valve and Box 1 EACH $564.80 $564.80 1 $564.80 14 2611 H dram 1 EACH $1,799.81 $1,799.81 1 $1,799.81 15 2611 1 Salvage and Reinstall 6" G.V. and Hydrant sembly EACH $750.00 $750.00 1 $750.00 Total Bid Schedule "A" Summary Of Work Completed To Date: Base Bid WORK COMPLETED TO DATE: LESS PAY ESTIMATE 91 WE RECOMMEND FINAL PAYMENT OF: Please verify the amount of previous payments, if any, and the receipt of the following items prior to making payment. 1. Certificate of claims payment (lien waiver), 2. Affidavit of payment of States taxes (MN State TAX Form 134), 3. Letter of consent from surety firm. APPROVALS: CONTRACTOR: NORTHDALE CONSTRUCTION Certs tion by Contractor. 1 certi that all items and amounts are correct for the work completed to date. Signed• �1 2 Title; Date: c O ENGINEER: HAKANSON ANDERSON ASSOCIATES, INC. Certification by Engineer We d payment for work and quantities as shown. Signe Title: Date: 41kilol OWNER: CITY OF OTSEGO Signed: Title: Date: $72,429.77 $65,243.22 $72,429.77 $65,243.22 $58,701.39 $6,541.83 PE - t OTS18PEPay Estimate 62 11118n004 ITEM 6_7 CITY OF OTSEGO SNOW PLOWING AND ICE CONTROL POLICY 2004-2005 GUIDELINES FOR COMMENCEMENT OF OPERATIONS Snow removal and/or ice control operations will begin under the direction of the Public Works Street Supervisor or designated representative. Operations will begin when two inches or more of snow has fallen. Plowing will begin as close as practicable to the time the snowfall ceases, however, every effort will be made to have main routes plowed and sanded prior to morning or afternoon rush hour. For storms of unusually long duration, main routes will be plowed and sanded when accumulation of ice or snow on roads becomes hazardous for driving. Because of different storm situations and severity levels, starting times may vary. The Public Works Departments winter road maintenance fleet consists of: Unit #15 2003 Sterling, single -axle with reversible plow, wing, underbody and sander Unit #11 2000 IH Tandem, with reversible plow, wing, underbody, and sander Unit #01 1994 Ford Tandem, with plow, wing, underbody, and sander Unit #20 1990 Ford, single -axle truck with reversible plow, wing, and sander Unit #28 2002 Ford F350, with reversible plow The above 5 units will each be assigned a snow removal route and will respond to every plowable snowfall. Refer to attached map. The equipment below will be used as reserves in case breakdowns of any main unit or added to the main response fleet during heavy or extended snowfalls. Unit #21 2001 Cat IT28 Cat loader, with reversible plow and wing Unit #05 1998 Cat 1406 Cat grader, with reversible plow and wing Unit #03 1992 Ford Tandem with reversible plow, wing, and sander City of Otsego Snow Plowing and Ice Control Policy LEVELS OF SERVICE It is the intent of the City to complete plowing, widening, and sanding operations within 24 hours of the time the snowfall ceases. Major blizzards may require additional time. After a light to normal snowfall, full width plowing and cul-de-sac cleanup will be done with the first pass. However, after an extremely heavy snowfall, main routes will be plowed, followed by one pass to open residential streets and cul-de-sacs. While some isolated cul-de-sacs will be cleared completely with the first pass, most will be "circled' and plowed completely after all roads are open. By "circling" the truck will make one or two passes, usually in a clockwise rotation, leaving the bulk of the snow in the center. This policy is intended to provide safe winter driving conditions appropriate for the type of travel necessary for city streets. The level of service described may vary depending on storm conditions and other circumstances. The City will be divided into 4 main routes, 1 cul-de-sac route and 1 trail route (see attached map). Each main route will consist of priority roads, which will be plowed and/or sanded first, followed by a designated area of secondary or residential road. The trails and paths servicing Otsego Elementary school will be plowed prior to 7 AM on school days. All others will be plowed after all streets and cul-de-sac plowing is complete. When operators are done with their assigned route, they will be assigned to help complete other routes. During an average snowfall of three inches to six inches, it is our goal to have streets and cul-de-sacs plowed in eight to twelve hours. Salt/Sand will be applied during and after plowing operations as needed. SUSPENSION OF OPERATIONS Operations shall continue until all roads are passable. Widening and clean up operations may continue immediately or on the following working day depending upon conditions and circumstances. Safety of the plow operators and the public is important. Therefore, snow plowing/removal operations may be terminated after 12 hours to allow personnel adequate time for rest. There may be instances when this is not possible depending on storm conditions and other circumstances. Operations may also be suspended during periods of limited or zero visibility. Any decision to suspend operations shall be made by the Public Works Street Supervisor or designated representative and shall be based on the conditions of the storm. ICE CONTROL AND SALT/SAND APPLICATION 1. First Priority Priority routes, high volume intersections, hills and curves. These areas will be sanded with the first pass of the plow 2. Second Priority Stop intersections, moderate volume intersections 3. Third Priority Residential intersections and streets 2 City of Otsego Snow Plowing and Ice Control Policy The City does not have the equipment or financial resources to sand all streets end to end. The public must use caution when operating a motor vehicle, especially during winter months. Public Works employees are also on-call 24 hours a day to respond with salt/sand because of ice or snowfalls of 2 inches or less as directed by the Public Works Street Supervisor or designated representative. PROPERTY DAMAGE Snow plowing and ice control operations can cause property damage even under the best of circumstances and care on the part of the operators. The major types of damage are to improvements in the City right-of-way which extends approximately 15 feet beyond the curb location. The intent of the right of way is to provide room for snow storage, utilities, boulevard trees and other City uses. However, certain private improvements such as mailboxes are required within this area. Therefore, the City will cooperate with the property owner in the event of damaged private property. The City may specify when this damage is the responsibility of the City and when it shall be the responsibility of the resident. Mailboxes can be especially vulnerable to damage from snow removal operations. The City assumes liability for mailboxes damaged during plowing if it is determined that the plow made direct contact with a mailbox that was properly placed and in the standard style. To be properly placed, a mailbox should be installed so its bottom edge is 45" to 47" above street level, with the post 36" back from the curb or front of the box. That amount of clearance is needed to keep the plow's wing from hitting the box. If there are any plastic newspaper tubes attached to the mailbox, they must be above 45" height requirement. The box's post should be securely in the ground. If it's wobbly, the base may be rotten. If mailboxes are not installed with the clearances mentioned above, the responsibility for repairing any damage lies with the homeowner, not the Public Works Department. The Department will replace standard metal mailboxes on 4 x 4 poles, but will not replace decorative mailboxes. In instances where there is disagreement as to the source of the damage and the responsibility, the City Administrator and/or City Council shall determine the responsibility. RESPONSIBILITY OF RESIDENTS Snowstorms create numerous problems and inconveniences. The residents will also have certain responsibilities. These include clearing their own driveways, clearing areas for 3 City of Otsego Snow Plowing and Ice Control Policy trashcans, clearing around mailboxes and newspaper delivery tubes. These areas must be cleared without depositing any snow into the street. There also should not be any large piles which obstruct vision of driveways. Trash cans must not be placed on the street surfaces. The City will not clear private drives. Snow plowing can cause additional snow to be deposited in driveway approaches and around roadside obstacles. Operators are instructed to attempt to minimize these instances; however, it is not practical to eliminate this situation. Residents should be aware they may have to clear their driveways a second time after their street has been plowed. Minnesota Highway Traffic Regulations 160.27 Sub (5) Misdemeanors: It shall be unlawful to obstruct any highway or to deposit snow or ice thereon. 169.42 Sub (1) No person shall throw, deposit, place, or dump upon any street or highway, any snow, ice, etc. GUIDELINES FOR OPERATORS 1. Operators will be required to be on stand-by and able to report to work within one and one-half hours notice form November 1 S` to March 31 S` unless arrangements are made with the Public Works Street Supervisor or designated representative. 2. Operators will be responsible for the vehicle they are assigned to. This includes completing a daily maintenance and equipment check before and after each shift and reporting all deficiencies to the Public Works Street Supervisor. During snowplowing operations any and all downtime or breakdowns will be reported to the Pubic Works Superintendent or designated representative. 3. No snow removal vehicles shall be parked with less than three-quarters of a tank of fuel. 4. Operators shall not assist stranded vehicles by pushing, pulling or jump-starting. Operators may assist by calling for help, offering sand, or offering a helping hand. 5. To minimize damage, no equipment will exceed twenty miles per hour in residential areas. 6. Operators will obey all traffic laws, signs, and signals. 7. Operators will report all damage to the Public Works Street Supervisor or designated representative at the end of each shift. 8. When plowing and sanding is complete after each storm, salt/sand should be emptied from all trucks and all equipment should be cleaned and washed. 9. If the operator has completed assigned route, the operator will contact the Public Works Street Supervisor and will be assigned to assist with other routes. City of Otsego Snow Plowing and Ice Control Policy 10. Before leaving duty at the end of the shift every effort should be made to contact the Public Works Superintendent or designated representative. 11. No plowing of private property or towing of vehicles will be permitted unless it directly affects traffic. Any questions should be directed to the Public Works Street Supervisor. 12. Every effort will be made not to damage mailboxes and trash containers or other structures in the right-of-way. ACCIDENTS DURING SNOW CLEARANCE OPERATION Should any employee have an accident of any type during snow clearance operations, they shall contact the police immediately and notify the Public Works Street Supervisor or designated representative, indicating their location and type of accident. If the accident involves personal injury or a vehicle accident, the operator shall remain at the scene of the accident until the police arrive. Normally, it shall be the supervisor's responsibility to notify the police. The policies and procedures relating to the drug and alcohol testing for commercial vehicle drivers shall be implemented in this situation. In the event of a very minor accident which does not involve a vehicle or personal injury, the supervisor shall determine if the accident warrants notifying the police department. This is desired to ensure that the police are not bothered for insignificant things (i.e. bent signpost, damaged mailbox, etc.) and in order to allow the plow equipment to continue plowing without unnecessary delay. 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 ITEM 7.2 MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 7 December 2004 RE: Otsego — Waterfront Holiday Gas Store; Outdoor Sales NAC FILE: 176.02 — 04.27 The Planning Commission has been considering the application from the Holiday Gas Store located within the Waterfront development to allow limited outdoor sales on their property. In discussing the request, the Planning Commission determined that a limited amount of outdoor sales activities has become incidental to these uses and should be accommodated provided that appropriate conditions are provided to ensure appropriate site function and land use compatibility. The Planning Commission also determined that any allowance of outdoor sales must be made available for all potential convenience gas stores, not just the Holiday Gas Store within the Waterfront PUD District. As such, the Planning Commission continued the public hearing on the Holiday Gas Store request from their meeting on 20 September 2004 to 6 December 2004. The City initiated allow concurrent processing of an ordinance amending the B-2 District and B-3 District to make outdoor sales an allowed activity for convenience stores with gas sales, which is a conditional use within those districts. The Planning Commission scheduled a public hearing for 6 December 2004 to consider the proposed amendment. No comments were received from the public regarding either the proposed Zoning Ordinance amendment or the Holiday Gas Store PUD amendment on 6 December 2004. The Planning Commission discussed the area limits for the outdoor sales area allowed by the proposed Zoning Ordinance amendment and decided that a maximum area of 200 square feet is appropriate. The Planning Commission also discussed the height limits for the outdoor displays and suggested language clarifying the intent of the provisions. This change is incorporated as part of the amendment attached hereto. After closing the public hearings and discussion of the items, the Planning Commission voted 7-0 to recommend approval of the proposed Zoning Ordinance amendment and the requested PUD amendment for the Holiday Gas Store. The City Council will consider these issues at their meeting on 13 December 2004. Decision 1 — Zoning Ordinance Amendment A. Motion to approve a Zoning Ordinance amendment allowing limited opportunities for outdoor sales at convenience gas stores. B. Motion to deny the proposed amendment based on a finding that the action is inconsistent with the Comprehensive Plan. C. Motion to table. Decision 2 — Holiday PUD Development Stage Plan Amendment A. Motion to approve an amendment of the PUD Development Stage Plan for Holiday subject to the following conditions: The outdoor sales activity shall be limited to those areas identified on the submitted site plan. 2. The area of any outdoor sales or service shall comply with Section 20-77- 6.E.3 of the Zoning Ordinance. 3. The height of any outdoor sales or service shall comply with Section 20- 77-6.E.3 of the Zoning Ordinance. 4. A total of 22 off-street parking stalls shall be provided in compliance with Chapter 21 of the Zoning Ordinance. 5. Any accessory seating area shall be removed unless approved by the City Council and subject to provision of off-street parking stalls as required for seating areas of convenience food uses. 6. All signs shall comply with Chapter 37 of the Zoning Ordinance and the PUD District Design Guidelines. Any sign for which a permit has not been issued shall be removed. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and intent of the Zoning Ordinance. C. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Bob Fields Mark Rouse 2 ORDINANCE NO.: 2004-27 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR LIMITED OUTDOOR SALES AND SERVICE AT CONVENIENCE GAS STORES. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-76-6.D.3 of the Zoning Ordinance is hereby amended to read as follows: 3. That the approximate area and location devoted to non - automotive merchandise sales shall be specified in general terms in the application and in the conditional use permit. Outside sales and service shall be allowed on a limited basis, provided that: a. Site Plan. Areas for outdoor sales and services shall be clearly indicated on the site plan and reviewed at the time of application for a conditional use permit. No outdoor sales or services shall be allowed outside of those areas so designated on the approved site plan without approval of an amended conditional use permit. b. Location. Outdoor sales and services shall be located adjacent to the principal building upon a concrete or asphalt surface behind a raised six inch (6") curb, on the raised pump islands or otherwise segregated from vehicle circulation under the canopy and shall not encroach into any required principal building setback, required parking stall, drive aisle, or minimum five foot (5') wide pedestrian sidewalk adjacent to the principal building where head -in parking is provided or otherwise impede vehicle and pedestrian circulation, except as provided for by Section 20-76-6.D.3.d of this Chapter. C. Outdoor Sales: 1 1. Area. The area devoted to outdoor sales shall not exceed ten (10) percent of the gross floor area of the principal building or two hundred (200) square feet, whichever is less. 2. Height. The height of sales displays not abutting the principal building or located between the fuel pumps under the canopy shall not exceed three (3) feet in height as measured from the grade of the adjacent drive aisle to the top of the display. All other outdoor sales displays shall not exceed five (5) feet in height measured from grade to the top of the display. 3. Required Parking. The outdoor sales area shall be included in the calculations for parking spaces required for the use by Chapter 19 of this Title. d. Outdoor services shall be limited to the following uses: 1. Public phones may encroach into a required yard as long as they do not interrupt on-site traffic circulation, do not occupy required parking stalls, and are not located in a yard abutting residentially zoned property. 2. Propane sales limited to twenty (20) pound capacity tanks may be located outside provided the propane tanks are secured in a locker and meets all State Uniform Building and Fire Codes. 3. A compressed air service or automobile vacuum areas may be located on-site provided they meet all principal building setbacks and do not interrupt on-site traffic circulation and do not occupy required parking stalls. 4. Freezers for ice products may only be located at the front of the building subject to the area and location requirements of Section 20- 77-6.D.3.b and c of this Chapter, or shall be located in a side or rear yard and fully screened from view from adjacent properties or the public right-of-way with materials 2 consistent with the principal building. Section 2. Section 20-77-6.E.3 of the Zoning Ordinance is hereby amended to read as follows: 3. That the approximate area and location devoted to non - automotive merchandise sales shall be specified in general terms in the application and in the conditional use permit. Outside sales and service shall be allowed on a limited basis, provided that: a. Site Plan. Areas for outdoor sales and services shall be clearly indicated on the site plan and reviewed at the time of application for a conditional use permit. No outdoor sales or services shall be allowed outside of those areas so designated on the approved site plan without approval of an amended conditional use permit. b. Location. Outdoor sales and services shall be located adjacent to the principal building upon a concrete or asphalt surface behind a raised six inch (6") curb, on the raised pump islands or otherwise segregated from vehicle circulation under the canopy and shall not encroach into any required principal building setback, required parking stall, drive aisle, or minimum five foot (51) wide pedestrian sidewalk adjacent to the principal building where head -in parking is provided or otherwise impede vehicle and pedestrian circulation, except as provided for by Section 20-77-6.E.3.d of this Chapter. C. Outdoor Sales: 1. Area. The area devoted to outdoor sales shall not exceed ten (10) percent of the gross floor area of the principal building or two hundred (200) square feet, whichever is less. 2. Height. The height of sales displays not abutting the principal building or located between the fuel pumps under the canopy shall not exceed three (3) feet in height as measured from the grade of the adjacent drive aisle to the top of the display. All other C outdoor sales displays shall not exceed five (5) feet in height measured from grade to the top of the display. 3. Required Parking. The outdoor sales area shall be included in the calculations for parking spaces required for the use by Chapter 19 of this Title. d. Outdoor services shall be limited to the following uses: 1. Public phones may encroach into a required yard as long as they do not interrupt on-site traffic circulation, do not occupy required parking stalls, and are not located in a yard abutting residentially zoned property. 2. Propane sales limited to twenty (20) pound capacity tanks may be located outside provided the propane tanks are secured in a locker and meets all State Uniform Building and Fire Codes. 3. A compressed air service or automobile vacuum areas may be located on-site provided they meet all principal building setbacks and do not interrupt on-site traffic circulation and do not occupy required parking stalls. 4. Freezers for ice products may only be located at the front of the building subject to the area and location requirements of Section 20- 77-6.E.3.b and c of this Chapter, or shall be located in a side or rear yard and fully screened from view from adjacent properties or the public right-of-way with materials consistent with the principal building. Section 3. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this 13TH day of December, 2004. 4 CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA APPLICANT: ABP, LLC. 12-07-04 FINDINGS & DECISION PUD AMENDMENT APPLICATION: Request for a PUD amendment to allow outdoor sales at the Holiday Gas Store at 9025 Quaday Avenue NE. CITY COUNCIL MEETING: 13 December 2004 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: 1. The legal description of the property is Lot 2, Block 1 of Otsego Waterfront 3'd Addition. 2. The property lies within the Sanitary Sewer Service District and is guided for commercial land uses by the Otsego Comprehensive Plan, as amended. 3. The property is zoned PUD, Planned Unit Development District as approved on April 8, 2002. The PUD District is subject to the uses and performance standards allowed in the B-3 District, except as expressly modified. The PUD District is further subject to the PUD Development Plan approved 23 December 2003. 4. The City sent the property owner an Administrative Notice dated 31 August 2004 for outdoor sales on the property in violation of the approved PUD Development Stage Plan Conditions. The applicant applied for an amendment to the approved PUD Development Stage Plan to allow for limited outdoor sales on the property. 5. The City of Otsego initiated an amendment of the Zoning Ordinance to allow limited outdoor sales for Convenience Gas Stores allowed as a conditional use in the B-2 District and B-3 District, which was approved by the City Council on 13 December 2004. 6. The Planning Commission and City Council must take into consideration the possible effects of the PUD District and PUD Development Plan with their judgment based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: A. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The Comprehensive Plan describes this area as the City's primary commercial area to be developed with uses that serve local and regional markets. The site and building design and operation of the use is to be consistent with the City goals for this area of the community as identified on the overall project development plan. B. The proposed use's compatibility with present and future land uses of the area. Finding. The maximum area and location of allowed outdoor sales for convenience gas stores is limited to by the Zoning Ordinance to maintain land use compatibility and site function. Provided these performance standards are complied with, no compatibility issues are anticipated. C. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The proposed use will conform to all applicable development regulations, including those standards incorporated as part of the PUD District D. The proposed use's effect upon the area in which it is proposed. Finding: The proposed limited outdoor sales activity is incidental to the convenience store use and will contribute to the viability of the business as an integral element of the overall commercial area at CSAH 39 and TH 101. E. 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. F. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: Traffic generated by the proposed use will be negligible and will not affect traffic on the public street provided that applicable performance standards are complied with. . G. 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 is service capacity. 7. The planning reports dated 14 September 2004, 12 October 2004 and 30 November 2004 prepared by the City Planner, Northwest Associated Consultants, Inc., are incorporated herein. 8. The Otsego Planning Commission conducted a public hearing at their regular meeting on 20 September 2004, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing on 6 December 2004 and recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the requested PUD amendment to allow limited outdoor sales for the Holiday Gas Store is hereby approved based on the most current plan and information received to date, subject to the following conditions: The outdoor sales activity shall be limited to those areas identified on the submitted site plan. 2. The area of any outdoor sales or service shall comply with Section 20-77-6.E.3 of the Zoning Ordinance. 3. The height of any outdoor sales or service shall comply with Section 20-77-6.E.3 of the Zoning Ordinance. 2 4. A total of 22 off-street parking stalls shall be provided in compliance with Chapter 21 of the Zoning Ordinance. 5. Any accessory seating area shall be removed unless approved by the City Council and subject to provision of off-street parking stalls as required for seating areas of convenience food uses. 6. All signs shall comply with Chapter 37 of the Zoning Ordinance and the PUD District Design Guidelines. Any sign for which a permit has not been issued shall be removed. PASSED by the Otsego City Council this 13th day of December, 2004. CITY OF OTSEGO By: Larry Fournier, Mayor Attest: Judy Hudson, Zoning Administrator/City Clerk 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 7.3 MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 7 December 2004 RE: Otsego — Martin Farms; Private Recreation Facility CUP NAC FILE: 176.02 — 04.37 The Planning Commission held a public hearing on 6 December 2004 to consider the plans for a private neighborhood recreation facility within the Martin Farms neighborhood. There were no comments from the public. Mr. Paul Quarberg of Insignia Development, Inc. was present to represent the application. In response to questions from the Planning Commission, Mr. Quarberg described access to the site, maintenance of the pool and use of the pool building and security measures. The Planning Commission also asked staff about on -street parking capacity. Staff responded that most users would be anticipated to walk to the facility, but that the street conforms to engineering manual requirements and parking is allowed on both sides of the street Having no further questions, the Planning Commission closed the public hearing. The Planning. Commission then voted. in three. motions to recommend. approval of the request as outlined below. The City Council will consider the application at their meeting; on. 13. December 2004.at 6.30. PM'.. POSSIBLE ACTIONS Decision. t Easerrtent.Vacatio A. Motion to approve vacation of existing drainage and utility easements overlying Outlot H of Martin Farms based on a finding that their purpose will be re-established with the, Martin;. Farms 2"4 Addition. Final: Pl_= B. Motion to deny the application. r` Mn#inn tn4ahl¢. Decision 2 — Preliminary / Final Plat A. Motion to approve the preliminary/final plat of Martin Farms 2nd Addition, subject to the following conditions: 1. The parcel is to be owned and maintained by the Martin Farms homeowners association. 2. All grading, drainage and easement issues shall be subject to review and approval of the City Engineer. 3. Comments of other City Staff. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance. Decision 3 — Conditional Use Permit A. Motion to approve a CUP allowing a semi-public recreational use on the subject site, subject to the following conditions: 1. A Landscape plan must be submitted per Section 16 of the Zoning Ordinance and is subject to approval by City Staff. 2. The proposed swimming pool must comply with all building and safety requirements for swimming pools as shown in Section 20-16-5 of the Zoning Ordinance. 3. All lighting shall be hooded and contain a cutoff that directs the light downward as an angle of 90 degrees and shall comply with Section 20-16-10 of the Zoning Ordinance. 4. All signage must comply with provisions outlined in Section 20-37-1 through 8 of the Zoning Ordinance and is subject to the approval of City Staff. 5. Documents providing for homeowner association ownership, maintenance and liability protection for the proposed private neighborhood recreation facility shall be submitted and area subject to review and approval by City Staff. 6. Comments of other City Staff. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance. C. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Paul Quarberg PA RESOLUTION NO. 2004-72 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA RESOLUTION APPROVING VACATION OF A DRAINAGE AND UTILITY EASEMENT OVERLYING OUTLOT H OF MARTIN FARMS. WHEREAS, the City of Otsego has received a request to vacate existing drainage and utility easements overlying Outlot H of Martin Farms from Insignia Development, Inc, the owner of the property; and, WHEREAS, the drainage and utility easement to be vacated is described by Exhibit A; and, WHEREAS, the Planning Commission reviewed the request at their meeting on 6 December 2004 and recommended approval of the vacation by a 7-0 vote; and, WHEREAS, the City Council ordered a public hearing to consider the proposed vacation at its meeting on 13 December 2004 at 6:30 PM at Otsego City Hall; and, WHEREAS, based upon review of the application and evidence received, the City Council has determined that vacating the existing drainage and utility easement over Outlot H of Martin Farms would be in the public interest NOW THEREFORE the City Council of the City of Otsego hereby orders: 1. The existing drainage and utility easement overlying Outlot H of Martin Farms is hereby vacated. 2. The City Council hereby determines that vacation of said easement shall cause no damage to abutting or nearby properties and therefore no damages are awarded to any such property owners. 3. The vacation is subject to contemporaneous recording of the Final Plat of Martin Farms 2nd Addition as approved by the City Council. Failure to record said final plat within the time prescribed by the Otsego Subdivision Ordinance shall render this vacation null and void. PASSED by the Otsego City Council this 13th day of December, 2004. Attest: CITY OF OTSEGO LIM Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk 2 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA APPLICANT: Insignia Development, LLC. 12-07-04 FINDINGS & DECISION PRELIMINARY/FINAL PLAT APPLICATION: Request for preliminary and final plat approval for Martin Farms 2"d Addition consisting of one lot and one outlot for the purpose of developing a private neighborhood recreation facility. CITY COUNCIL MEETING: 13 December 2004 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 Outlot H of Martin Farms. B. The property lies within the West Sanitary Sewer Service District and is guided for low density residential and medium-high density residential land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned R-4 District. D. The planning report dated 30 November 2004 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. E. The memorandum 2 December 2004prepared by the City Engineer, Hakanson Anderson Associates, Inc. is incorporated herein. F. The Otsego Planning Commission held a public hearing at their regular meeting on 6 December 2004 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for approval Martin Farms 2nd Addition is hereby approved based on the most current plan and information received to date, subject to the following conditions: 1. The parcel is to be owned and maintained by the Martin Farms homeowners association. 2. All grading, drainage and easement issues shall be subject to review and approval of the City Engineer. PASSED by the Otsego City Council this 13"' day of December, 2004. CITY OF OTSEGO By: Larry Fournier, Mayor Attest: Judy Hudson, Zoning Administrator/City Clerk CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA APPLICANT: Insignia Development, LLC. 12-07-04 FINDINGS & DECISION CONDITIONAL USE PERMIT APPLICATION: Request for a conditional use permit to allow a private neighborhood recreation facility. CITY COUNCIL MEETING: 13 December 2004 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 of Martin Farms 2nd Addition. B. The property lies within the West Sanitary Sewer Service District and is guided for low density residential and medium-high density residential land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned R-4 District. Private neighborhood recreation facilities are allowed as a conditional use within the R-4 District. D. 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: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The City's Comprehensive Plan states a need for residential neighborhoods to incorporate recreational amenities to offer a higher standard of living with in the City of Otsego. The addition of a pool, tot lot and basketball court to the Martin Farms neighborhood expands upon available public facilities increases the livability and makes the neighborhood more attractive to current and future residents. 2. The proposed use's compatibility with present and future land uses of the area. Finding. The subject site is located in a residential subdivision consisting of 229 single family lots. The establishment of a semi-public recreational area is compatible with the surrounding land use as the facilities will be used by the area residents. The proposed development will be compatible with the abutting land uses since these consist of single family lots and oudots of the Martin Farms subdivision. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding. The design and location of the pool, pool house, tot lot and basketball court shall conform to all applicable Zoning Ordinance and Engineering Manual performance standards. 4. The proposed. use's effect upon the area in which it is proposed.. Finding The proposed recreational uses are not anticipated to have any negative effect upon the area in which they will be located. 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 and will likely increase them since having nearby recreational amenities is generally highly desirable to homeowners. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding. The proposed development is not anticipated to generate any additional traffic impacting 72nd Street North as the site is designed to be pedestrian -oriented and will not allow for off-street parking. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Finding: The proposed use is not anticipated to have a negative impact to the City's service capacity. E. The planning report dated 30 November 2004 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The memorandum 2 December 2004prepared by the City Engineer, Hakanson Anderson Associates, Inc. is incorporated herein. G.' The Otsego Planning Commission held a public hearing at their regular meeting on 6 December 2004 to consider the application, preceded by published and mailed notice. Based upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for a conditional use permit for a private recreation facility is hereby approved based on the most current plan and information received to date, subject to the following conditions: 1. A Landscape plan must be submitted per Section 16 of the Zoning Ordinance and is subject to approval by City Staff. 2. The proposed swimming pool must comply with all building and safety requirements for swimming pools as shown in Section 20-16-5 of the Zoning Ordinance. 3. All lighting shall be hooded and contain a cutoff that directs the light downward as an angle of 90 degrees and shall comply with Section 20-16-10 of the Zoning Ordinance. 4. All signage must comply with provisions outlined in Section 20-37-1 through 8 of the Zoning Ordinance and is subject to the approval of City Staff. 5. Documents providing for homeowner association ownership, maintenance and liability protection for the proposed private neighborhood recreation facility shall be submitted and area subject to review and approval by City Staff. PASSED by the Otsego City Council this 13"' day of December, 2004. CITY OF OTSEGO By: Larry Fournier, Mayor Attest: Judy Hudson, Zoning Administrator/City Clerk 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 7.4 MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 7 December 2004 RE: Otsego — Paschke 2nd Driveway CUP NAC FILE: 176.02 — 04.36 The Planning Commission held a public hearing on 6 December 2004 to consider the request for a second driveway for a single family lot at 9925 James Avenue NE. The applicants Michael and Kathy Paschke were present to represent their request. There were no comments from the public. The Planning Commission discussed the criteria for allowing second driveways for single family homes and found the request to be consistent. The Planning Commission also discussed the Zoning Ordinance requirement that the driveway be paved. Although the applicants had intended to pave their second driveway, the Planning Commission decided to discuss the requirement further as part of the upcoming Zoning Ordinance update project. After closing the public hearing and their discussion, the Planning Commission voted 7- 0 to recommend approval of the CUP. The application will be considered by the City Council at their meeting on 13 December 2004 at 6:30 PM. We would also note that the application was made in response to an Administrative Notice for installation of a second driveway without the necessary CUP. The effort of Mr. and Mrs. Paschke to work with the City to quickly bring. their property in, to compliance with the Zoning Ordinance is greatly appreciated. POSSIBLE ACTIONS A. Motion to approve a CUP allowing a second driveway located at 9925 James Avenue NE subject to the following conditions: 1. The width of the second driveway must adhere to regulations of Section 20-21- 4.H.7 which require it to be 30 feet or less and the specifications of the Engineering Manual, subject to approval of City Staff. 2. Per regulations outlined in Section 20-21-4-H.12.b, the second driveway must be surfaced with asphalt, concrete, cobblestone or paving brick. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance. C. Motion to table. pc. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer Michael and Kathy Paschke N CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA APPLICANT: Michael and Kathy Paschke 12-07-04 FINDINGS & DECISION CONDITIONAL USE PERMIT APPLICATION: Request for a second access to a single family lot located at 9925 James Avenue NE. CITY COUNCIL MEETING: 13 December 2004 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 4, Block 2 Mississippi Pines, City of Otsego, Wright County, Minnesota. B. The property lies within the Rural Residential Preserve and is guided for rural residential land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned R -C, Residential, Open Space Cluster District. Allowance of more than one driveway to a single family lot within the R -C District is allowed as a conditional use subject to Section 20-21-4.H.11 of the Zoning Ordinance. D. 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: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The Comprehensive Plan establishes policies requiring the number of accesses to public streets is to be minimized to balance property access with proper traffic management, land use compatibility and to avoid private improvements within public rights-of-way. The physical characteristics of the subject property dictate the need for a second access to a public street for access to the rear of the property. 2. The proposed use's compatibility with present and future land uses of the area. Finding. The subject site is located in a subdivision of one to two and one-half acre single family lots with minimum widths of at least 100 feet. The establishment of a second driveway will be compatible with the closest abutting property to the north, which is permanent open space, subject to the design and location, standards of the Zoning Ordinance and Engineering Manual. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The design and location of the second driveway shall conform to all applicable Zoning Ordinance and Engineering Manual performance standards. 4. The proposed use's effect upon the area in which it is proposed. Finding: The proposed second driveway is not anticipated to have any effect upon the area in which it is located. 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 second driveway is not anticipated to generate any additional traffic impacting James Avenue. 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 Cityt service capacity. E. The planning report dated 22 November 2004 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The Otsego Planning Commission conducted a public hearing at their regular meeting on 6 December 2004 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the requested conditional use permit for a second driveway to a single family lot is hereby approved, subject to the following conditions: 1. The width of the second driveway must adhere to regulations of Section 20-21-4.1-1.7 which require it to be 30 feet or less and the specifications of the Engineering Manual, subject to approval of City Staff. 2. Per regulations outlined in Section 20-21-4-H.12.b, the second driveway must be surfaced with asphalt, concrete, cobblestone or paving brick. 2 PASSED by the Otsego City Council this 13"' day of December, 2004. CITY OF OTSEGO By: Larry Fournier, Mayor Attest: Judy Hudson, Zoning Administrator/City Clerk 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 7.5 MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 7 December 2004 RE: Otsego — Rottlund Homes; Concept Plan NAC FILE: 176.02 — 04.35 The Planning Commission reviewed the concept plan submitted by Rottlund Homes, Inc. for the northeast quadrant of TH 101 and CSAH 37. Mr. Bruce Pankonin of Rottlund Homes, Inc. was in attendance to review the concept plan. Mr. Pankonin emphasized that they continue to work with City staff on the various issues identified in the planning and engineering reports. Rottlund Homes, Inc.'s primary objective in presenting the concept is to obtain City support to remove the property from the Wild, Scenic and Recreational River District through special legislation. The Planning Commission was favorable to the proposed concept plan having had an opportunity to see a similar plan and tour one of Rottlund's projects during the Comprehensive Plan update. The Planning Commission voted 7-0 to recommend approval of the concept plan and also the draft resolution supporting removal of the property from the WS District. The City Council will consider the application at their meeting on 13 December 2004 at 6:30 PM. POSSIBLE ACTIONS Decision 1 — Concept Plan A. Motion to approve the submitted concept plan, subject to the following conditions: Development of the subject site is contingent upon approval of necessary zoning and subdivision actions in accordance with the City Code and availability of sanitary sewer and water utilities. 2. Access to CSAH 37 and CSAH 42 shall be subject to Wright County approval. 3. Internal streets and private drives shall conform to the standards of the Engineering Manual. 4. Sidewalks shall be provided on at least one side of local public streets and within townhouse areas served by private drives. 5. Park and trail dedication shall be subject to the requirements of Section 21-7-18 of the Subdivision Ordinance. 6. Costs for extension of sanitary sewer and water utilities shall be the responsibility of those utilizing the services. B. Motion to deny the concept plan based on a finding the request is inconsistent with the Comprehensive Plan. C. Motion to table. Decision 2 — WS District A. Motion to approve a resolution supporting removal of the subject site from the WS District. B. Motion not to support removal of the subject site from the WS District. C. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer Dale Homuth, DNR Patty Fowler, DNR Bruce Pankonin, Rottlund Homes, Inc. John Darkenwald, property owner CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA APPLICANT: Rottlund Homes, Inc. 12-07-04 FINDINGS & DECISION CONCEPT PLAN APPLICATION: Request for concept plan approval for 98 acres located northeast of TH 101 and CSAH 37. CITY COUNCIL MEETING: 13 December 2004 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 described by Exhibit A. B. The property lies within the Urban Service Area established by the Comprehensive Plan and is guided for Low -Medium Density Residential, Medium -High Density Residential and commercial land uses. C. The property is zoned A-1, Agriculture Rural Service District in accordance with the interim land use provisions of the Comprehensive Plan. D. The property is also within Subdistrict C of the WS, Wild, Scenic and Recreational River District. E. The Concept Plan application is processed in accordance with Section 21-3-1 of the Subdivision Ordinance. F. The planning report dated 30 November 2004 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. G. The memorandum dated 1 December 2004 prepared by the City Engineer Hakanson Anderson Associates, Inc., is incorporated herein. H. The Otsego Planning Commission considered the application at their regular meeting on 6 December 2004 and upon review of the application and evidence received, recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the requested concept plan is hereby approved, subject to the following conditions: Development of the subject site is contingent upon approval of necessary zoning and subdivision actions in accordance with the City Code and availability of sanitary sewer and water utilities. 2. Access to CSAH 37 and CSAH 42 shall be subject to Wright County approval. 3. Internal streets and private drives shall conform to the standards of the Engineering Manual. 4. Sidewalks shall be provided on at least one side of local public streets and within townhouse areas served by private drives. 5. Park and trail dedication shall be subject to the requirements of Section 21-7-18 of the Subdivision Ordinance. 6. Costs for extension of sanitary sewer and water utilities shall be the responsibility of those utilizing the services. PASSED by the Otsego City Council this 13th day of December, 2004. CITY OF OTSEGO By: Lary Fournier, Mayor Attest: Judy Hudson, Zoning Administrator/City Clerk RESOLUTION NO: 2004 - 73 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA A RESOLUTION SUPPORTING REMOVAL OF CERTAIN LANDS WITHIN THE CITY OF OTSEGO FROM THE WILD, SCENIC AND RECREATIONAL RIVERS DISTRICT OF THE MISSISSIPPI RIVER THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY RESOLVES: WHEREAS, Rottlund Homes, Inc. has submitted a concept plan for development of 274 dwelling units on 82 acres of land located generally east of TH 101 and north of CSAH 37 and legally described by Exhibit A; and, WHEREAS, the City of Otsego has adopted a Comprehensive Plan that includes the property within the sanitary sewer service district where municipal sanitary sewer may be made available; and, WHEREAS, the City of Otsego Comprehensive Plan guides development of the property with Low -Medium Density Residential (3-6 du/ac.) and Medium -High Density Residential (5 du/ac. or greater) uses based on sanitary sewer service being made potentially available; and, WHEREAS, the concept plan has been reviewed by the Planning Commission and City Council and found to be generally consistent with the City's Comprehensive Plan pending necessary zoning and subdivision approvals; and, WHEREAS, portions of the property are currently within Subdistrict C of the WS, Wild, Scenic Recreational River Overlay District established by Chapter 95 of the Otsego Zoning Ordinance; and, WHEREAS, the standards of the WS District limit development of those areas of the property within the district to single family uses on 2.5 acre lots; and, WHEREAS, the standards required by the WS District are not consistent with the land uses guided by the Comprehensive Plan; and, WHEREAS, the property is separated from the Mississippi River by CSAH 42, which is a designated minor arterial roadway; and, WHEREAS, the City has adopted the standards and boundaries of the WS District in accordance with the State Wild and Scenic River Act and Minnesota Rules 6105.0010-6105.0250 and 6105.0800-6105.0960. WHEREAS, the DNR initiated an update of the Mississippi River Management Plan upon which the WS District requirements are based in 1998 and issued a draft Management Plan in March 2003; and, WHEREAS, among the changes proposed as part of the March 2003 draft Management Plan update is removal of the property from the WS District; and, WHEREAS, the date for completion of the Management Plan update and rule making process required before the City could effect any changes to its local controls is uncertain; and, WHEREAS, development of the property with land uses consistent with those illustrated on the concept plan is necessary for implementation of the City of Otsego Comprehensive Plan and achieving the objectives set forth therein. NOW THEREFORE BE IT RESOLVED THAT, the City of Otsego City Council supports amendment of the WS District boundaries removing the property described by Exhibit A for the purposes of allowing development consistent with the goals, policies and objectives of the Otsego Comprehensive Plan. PASSED BY THE OTSEGO CITY COUNCIL THIS 13TH DAY OF DECEMBER, 2004. ATTEST: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk/Zoning Administrator ITEM g_1 - 11irHakanson Anderson 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Assoc., Inc. Phone: 763/427-5860 Fax: 763/427-0520 December 6, 2004 Mr. Chris Bulow 10444 95th St. NE Otsego, MN 55330 RE: Riverwood National Dear Mr. Bulow: The City Council has requested we provide a schedule for River -wood National water and wastewater facilities. This schedule is required to assure the City that the Riverwood National project continues to proceed toward a point at which building permits and ultimately certificates of occupancy can be issued. The Development agreement, which was signed March of 2004, states all bonds or Letter of Credits must be in place and that the project be complete so CO's can be issued April 1, 2005. In order to receive the CO's the following must be accomplished a) Approved plans (by City Engineer and applicable state agency) for the well, pumphouse, wastewater treatment plant 1) Well water must be sand free at 1,000 gpm for a 24 hr drawdown period with a well drawdown index greater than 10.00 gpm/ft. 2) Water Analysis of Test Well Raw Water that shows the water contaminants are below the regulated limits and near the levels as found in Well #4. b) The LOC or bonds (approved by the City Attorney) in place with the City c) Well constructed and approved by City Engineer and MDH, including a temporary well pump and pressure tank operation for limited residential supply. d) Sewer lines and liftstation completed and approved by City Engineer e) Pumphouse and wastewater treatment plant construction started. A time line of these requirements is as follows 1) Reviewable signed construction plans and specifications for well and pumphouse to the City Engineer by December 16`h of 2004. a) Preliminary plans and specification for wastewater treatment plant submitted by January 28`h, 2005. 2) Review comments on well and pumphouse back to developers' engineer within one week, December 20th. a) Review comments on wastewater treatment plant and specifications by February 11 `h. Civil &Municipal Engineering Land Surveying for Mr. Chris Bulow December 6, 2004 Page 2 3) Revised well and pumphouse plans and specifications resubmitted for final review by December 31Sc a) Revised plans and specifications for wastewater treatment plant resubmitted by February 25`h, 2005. 4) Final Plan Review for well and pumphouse by City Engineer by January 10`x'. a) Final plans and specification for WWTP review by City Engineer by March 9, 2005. 5) Submit final plans and specs for well and pumphouse to City Engineer by January 17`c' of 2005. a) Submit final plans and specifications for WWTP to City Engineer by March 11, 2005. 6) Submittal of final plans and specifications to MDH by January 18"i. a) Submittal of final plans and specifications for WWTP to MPCA by March 14`h, 2005. 7) Approval by MDH of well and pumphouse plans and specs by February 14, 2005. a) Approval of WWTP plans and specs by MPCA by April 15ch 8) Construction started on well and pumphouse by February 25"' of 2005. a) Construction started on WWTP by April 25ch 9) Well constructed and approved for potable use by City Engineer and MDH by March 31" of 2005. 10) Sewer lines tested for I and I and approved by December 31" of 2004. 11) Liftstation completed with pumper truck connection for wastewater hauling, by January 28th of 2005. 12) Continual construction progress on pumphouse and wastewater treatment plant. 13) Pumphouse completion by July 29`h, 2005. 14) WWTP construction completed by December 31, 2005. If any of the time lines are not met the City can pull the bonds or LOC's and complete the project. Hakanson Anderson will work with you to meet this deadline by diligently reviewing plans and answering any questions. Mr. Chris Bulow December 6, 2004 Page 3 The City may allow a limited number of Certificates of Occupancy after pertinent items are completed and progress points a, b, c, and d are met. According to the time line developed above, the earliest reasonable date any C.O. could be issued would be March 31, 2005. We understand your desire to be issued C.O.'s by February 11, 2005. Please submit your schedule to meet this very optimistic deadline, so we may review and comment. If you have any question or comments you may contact me at 763-427-5860. Sincerely, Hakanson Anderson Associates, Inc. Ronald J. Wagne , .E. dy CU G CC: Honorable Mayor and Council Mr. Andy MacArthur, City Attorney Mr. Dan Licht, City Planner Mr. Mike Robertson, City Administrator Ms. Judy Hudson, City Clerk Mr. Tim Rochell, Building Inspector Mr. Bill Morris, Project Review Engineer ,f. h Michael C. Couri- Andrew J. MacArthur Robert T. Ruppe- David R. Wendorf Kristen H. Carr *Also licensed in Illinois **Also licensed in Califomia December 7, 2004 City Council Members City of Otsego c/o Judy Hudson, City Clerk 8899 Nashua Avenue NE Otsego, MN 55330 COURI, MACARTHUR & RUPPE, P.L.L. P. Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376-0369 (763) 497-1930 (763) 497-2599 (FAX) courimacarthur@earthlink.net RE: Waterfront East Revised Developer's Agreement Dear Council Members: Please find enclosed a revised Developer's Agreement as per the Council directive at the recent Workshop meeting related to this development. The Agreement has been revised to allow the Developer to be awarded credits and compensation based upon the assessed value of the businesses located on the central outlots in accordance with the agreed upon Development Stage Plan. The major changes from the previous agreement have been bolded and underlining remains from previous changes. The draft Agreement was e-mailed to the Developer's Attorney and other City staff on Tuesday. I am placing it in the Council packet in this form since I have not yet received a response regarding the Agreement. It is anticipated that any proposed changes and responses to the same will be available for discussion at the City Council meeting next Monday. I have also enclosed with this Agreement a proposed agreement regarding a land swap between Nathes and the Waterfront that requires City approval. This Agreement and any modifications proposed will be also discussed at Monday's meeting. I also contacted Kevin Schmidt at MNDOT regarding the deed for the turnback property from the State to the City which would be returned to Developer. Mr. Schmidt indicated that the deed would probably not be available until January. Letter to Otsego City Council December 9, 2004 Page 2 Very tru.u. yours, /r ew JXCARTHUR cArth �OURI, & RUPPE, PLLP Encl. Cc: Ron Wagner, City Engineer Dan Licht, City Planner Mark Gleeman, Attorney Bob Fields, Landcor DRAFT- December 6, 2004 DEVELOPMENT AGREEMENT OTSEGO WATERFRONT EAST THIS AGREEMENT, entered into this _ day of , 2004, by and among WATERFRONT EAST LLC a Limited Liability Company under the laws of the State of hereinafter referred to as the "DEVELOPER", and the CITY OF OTSEGO, a municipal corporation located in Wright County, State of Minnesota, hereinafter referred to as "CITY" WITNESSETH: WHEREAS, DEVELOPER is the fee owner of a parcel or parcels of land described in Exhibit "A", attached hereto and incorporated herein by reference, which parcel or parcels of land are proposed for development as a subdivision and a Planned Unit Development ("PUD") in the CITY, and which subdivision is intended to bear the name "OTSEGO WATERFRONT EAST" and may sometimes hereinafter be referred to as the "Subject Property." 1. Request for Plat Approval. The Developer has requested that the City approve a plat entitled OTSEGO WATERFRONT EAST (referred to in this Agreement as "the Plat") and legally described as follows: (See attached Exhibit A) With regard to such parcel of land, Developer has requested approval of the plat of OTSEGO WATERFRONT EAST which is zoned Planned Unit Development and is subject to a PUD Development Stage Plan as approved by the CITY on June 12, 2004. The Final Plat was approved by the CITY on the same date and has subsequently been approved by the Minnesota Department of Natural Resources. 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Agreement, furnish the security required 1 by it, and record the plat with the Wright County Recorder or Registrar of titles within one hundred (100) days after the City Council approves the final plat. Any restrictive covenants for the subject subdivision shall be submitted to the City Attorney for approval and shall be recorded prior to sale of any lots within the plat. 3. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the Zoning Administrator, and all conditions contained in the Agreement have been met, 2) the necessary security has been received by the City, 3) the plat has been recorded with the Wright County Recorder's Office, 4) Developer has initiated and attended a pre -construction meeting with the City Engineer, and 5) the Zoning Administrator has issued a letter that all conditions have been satisfied and that the Developer may proceed; or until such time as approval to commence earlier construction is specifically approved by the City, and Developer has fully complied with all conditions set forth by City staff. 4. Phased Development. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park and trail fees for the Plat will be satisfied upon conveyance of an easement for parkpurposes in form approved by the CITY over all of Outlot A. 5. Preliminary Plat Status. If the plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 6. Changes in Official Controls. For five (5) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls except changes in permit and processing fees, shall apply to or affect the use, development density, lot size, setbacks, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 2 7. Development Plans. The plat shall be developed in accordance with the plans attached to this Agreement and the conditions stated below. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A Final Plat, OTSEGO WATERFRONT EAST dated 2004, prepared by Loucks Associates. Plan B Grading, Drainage, Erosion Control Plan, prepared by Loucks Associates and as finally pproved by the City Engineer. Plan C Plans and Specifications for Public Improvements prepared by Hakanson Anderson Associates, Inc. as finally drafted. 8. Improvements. The Developer shall ultimately install or cause to be installed and pay for the following: A. Sitearg_ ding B. Underground utilities (except for utilities within City right of wa C. Setting of lot and block monuments D Construction surveying and staking_ outside of City, County and MNDOT right of ways. Improvements shall be installed in accordance with City standards, ordinances, and the plans furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits before proceeding with construction. The City shall provide adequate field inspection personnel to assure acceptable quality control, which will allow certification of the construction work. The City may, when reasonably required to do so and at the Developer's expense, have one (1) or more City inspectors and a soil engineer inspect the work. Within thirty (30) days after the completion of the improvements and before any security is released, the Developer shall supply the City with a complete set of reproducible "as built" plans and two (2) complete sets of blue line "as built" plans prepared in accordance with City standards. Before the security for the completion of utilities is released, iron monuments shall be installed in accordance with Minnesota Statutes 505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments are installed. 9. Planned Unit Development. The City has rezoned the property to Planned Unit Development, and approved a Development Stage Plan (as prepared by Loucks and Associates and dated May 6, 2004) for the property and a final plan for development was qpproved by the City on June 14, 2004. The zoning district requirements for the Planned Unit Development and Development 3 Stage_Plan, apply to the property except for the modifications approved in the plat, this Development Contract, and the plans, exhibits, and reports referred to or attached to this Development Contract. 10. Right of Entry. The Developer hereby grants to the City, its agents, employees, officers and contractors a right of entry to enter the plat to perform any and all work and inspections necessary or deemed appropriate by the City during the installation of improvements by Developer or the City, or to make any necessary corrective actions necessary by the City. Except in emergency situations, as defined by the City, the City shall give the Developer ten 10 business days notice stating the deficiencies and necessary corrections prior to making any corrective action. Said right of entry shall continue until the City finally accepts the improvements. 11. Time of Performance. The Developer shall install all required private improvements by one year from the date of commencement of the CITY public improvement project, except for any private improvements which cannot be installed within this time frame due to construction activity upon the property undertaken by either CITY or MNDOT. DEVELOPER and CITY shall work cooperatively to coordinate their separate projects with each other and MNDOT. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 12. Erosion Control. After the site is rough graded, but before any utility construction is commenced or further building permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. If the City Engineer determines that it would be unreasonable to require full implementation of the erosion control plan prior to utility construction or issuance of certain building permits, he shall state in writing what construction can take place and what particular building permits can be issued prior to full implementation. The City may impose additional erosion control requirements if, in the opinion of the City Engineer, they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. If the Developer does not comply with the erosion control plan and schedule or any supplementary instructions, the City may, with reasonable notice, take action as it deems appropriate. 13. Grading Plan. Plat grading shall be in accordance with the grading plan. Ponds, swales, and ditches shall be constructed on public easements or land owned by the City. Within thirty (30) days after completion of grading and before any security release, the Developer shall provide the City with an "as built" grading plan including certification by a registered land surveyor or engineer that all ponds, n u swales, and ditches have been constructed on public easements, or land owned by the City. "As built" plans shall include field- verified elevations of the following: A. Cross sections of ponds B. Location and elevations of swales and ditches C. Lot corners and building pads Occupancy permits shall not be issued until the grading and drainage plan is certified as set forth above. 14. Clean Up. The Developer shall promptly clean any and all dirt and debris from streets resulting from construction work by the Developer, its agents or assigns. 15. Ownership of Improvements. Upon completion of the work and construction required by this Agreement, improvements lying within public easements shall become City property without further notice or action. 16. Sewage Treatment and Water Service. No occupancy permit for any newly constructed building in the plat will be issued by the City unless the City Building Official has inspected and approved the sewer and water hookups to the building. 17. Petition for Improvements (Petition Items). DEVELOPER herein petitions the CITY to construct as a part of the City's Improvements Project as set forth in Plan C above and/or any other CITY project deemed appropriate by the CITY the improvements referred to in "Exhibit B" and described herein in generalized language as "Petition Items" Said Exhibit "B" is the Engineer's "Feasibility Report for Waterfront East Trunk Facilities Roadways, Sanitary Sewer Water Mains and Storm Drainage" dated June 14 2004 prepared by Hakanson Anderson Associates Inc on file and of record at the Otsego City Hall and incorporated herein by reference as though fully set forth. The City project will include construction of a public street extending from Quantrelle Avenue to the Plat and construction of a box culvert and retention ponds within the Plat, the ponds to be located on Outlot A of the Plat, and all sanitary sewer and water lines within the Plat whether on the private street, on private parking lots or within public rights of way. 18. Waiver. DEVELOPER on its behalf and on behalf of any person or entity purchasing the described propeM or aniportion thereof waive all right to public hearings, any irregularities in proceedings and other statutory rights granted to a property owner under Chapter 429 of Minnesota Statutes, including any right of appeal under Minnesota Statute 429.081, as the said rights therein granted 5 relate to those Petition Items improvements described in Exhibit "B" hereto, including those that are a part of Otsego Project No.2005—provided the costs of said improvements are consistent (within 10% of the cost estimates) with the cost estimates contained in the Engineer's approved Feasibility Report for said project. Further DEVELOPER on its behalf and on behalf of any person or entity purchasing the prope or My portion thereof represents and acknowledges that the fair market value of the property, or any portion thereof, will benefit in at least the amount of the proposed assessment. 19. Petition Items – Project. CITY shall construct as part of its CITY Improvement Project all of the Petition Items as shown on Exhibit `B" pursuant to its regular methods of making public improvements. DEVELOPER and subsequent owners agree that special assessments for such Petition Items (the "Assessments") may be levied by the CITY, without DEVELOPER'S or subsequent owner's objection, after construction is commenced in accordance with Chapter 429 of Minnesota Statutes and that CITY may recover its costs and expenses (including legal, project management, administrative and engineering), provided said special assessments shall be levied in the amount (within 10% of the Engineer's cost estimate as set forth in 18 above) or lesser amount of the respective cost of such Petition Items. The Assessments shall be payable in equal principal and interest installments at 7% per annum over a period of fifteen 15 years, computing said interest pursuant to CITY standard policies, with the first installment coming due commensurate with the 2007 assessment for 2006 payable real estate taxes and Special Assessments. 20 Petition Items- Contingent Reduction of Assessment. DEVELOPER has represented to the CITY that a portion of the Plat (Outlots and will be occupied by tenants as set forth in the approved Development Stage Plan who will construct buildings and improvements which will have a combined assessed value (for purposes of property tax payment) of at least eleven (11) million dollars. The (11) eleven million dollar assessed valuation requirement will apply if the buildings are constructed by December 31, 2005. If the buildings and improvements are actually constructed in a year after 2005 the required valuation amount required shall be adjusted upward each year in accordance with the Consumer Price Index. In the event that Developer or Tenant obtains Site Plan approval, and any other required governmental approvals and actually constructs buildings and improvements in accordance with the above or enters into an Agreement with the CITY and posts security insuring construction of the buildings and other improvements , the CITY will reduce the overall proposed estimated assessment against the Plat as follows: Z A. CITY will agree to assume the costs of construction only of the public streets within the Plat estimated to cost $380,500.00. The actual reduction of assessment amount will conform to the actual final cost of street construction. B. CITY will reduce the estimated assessment for storm water ponding by 80%. The reduction does not include the box culvert from Highway 101 to the Pond which is required because of moving the pond to Outlot A and which primarily benefits the Plat. The total estimated reduction in assessment is $696,000.00. The actual reduction in proposed assessment will conform to the actual final cost of construction on a percentage basis. No reduction in assessment will occur until such time as a Site Plan for buildings and improvements for both Outlot and as been submitted and approved for use consistent with the approved Development Stage Plan has been approved and a Developer's Agreement with all of the Tenants has been approved and executed. 21. Additional Credits and Payment Contingent Upon Valuation of Certain Portions of Development. In the event that DEVELOPER complies with the requirements of Paragraph 21 above the CITY will provide the following additional incentives: A. CITY will pay to DEVELOPER $271,000.00 as compensation for the drainage and ponding easement conveyed over Outlot A. B. CITY will provide as additional credit against assessment or fees $60,000.00, representing legal fees incurred by DEVELOPER in removing a portion of the property and adjoining_propeM from Wild and Scenic District designation. tion. 22. Petition Items — Surety. It is anticipated that CITY'S debt service each year during the referred assessment period for the cost of the Petition Items shown in Exhibit `B", that portion of which benefits the Subject Property, will require an estimated payment from CITY to its bondholders. It is intended that DEVELOPER shall make (or cause to be made) sufficient payments of the said special assessments on Subject Property that CITY'S cash flow will be unaffected by said improvement project. DEVELOPER herein agrees that it will actually pay (or cause to be paid) sufficient amounts of said special assessments each year, if not already paid in prior years, for properties lying within the plat of the Subject Property to enable CITY to ' pay the required debt service payment when due. To determine the actual amount, as 7 opposed to the estimated amount, to be paid by the parties, the principal amounts shall be added to the interest amounts, for the subject improvement project, as shown on the tax statements for lots lying within the Subject Property less credit for prepayments made therefor. DEVELOPER shall post an Irrevocable Standby "Letter of Credit" or a cash bond in the amount of 100% of the Special Assessment. If there is a default in payment of any installment of any of the Assessments on the DEVELOPER'S parcels, the CITY may give written notice of default to the OWNER, and if the delinquent installment (including penalties and interest) is not paid within 10 days after the notice, the City may draw upon the defaulting party's surety so that CITY'S cash flow will be unaffected by said improvement project. DEVELOPER herein agrees that they will actually pay (or cause to be paid) sufficient amounts of said special assessments each year, if not already paid in prior years, for properties lying within the plat of the Subject Property that is its responsibility to enable CITY to pay the required debt service payment when due. To determine the actual amount, as opposed to the estimated amount, to be paid by DEVELOPER the assessment amounts shall be added to the interest amounts, for the subject improvement project, as shown on the tax statements for lots (including outlots) lying within the Subject Property, less credit for prepayments made therefor. Any deficiencies in the amount paid by DEVELOPER for special assessments causing a shortage of funds with which CITY may timely pay the required debt service payment shall be supplemented with funds withdrawn by CITY from the DEVELOPER'S approved letters of credit or from letters of credit provided by subsequent purchasers of lots within the Plat, or other surety furnished to CITY as the case may be. Any of said surety or guaranty of funds referred to herein that are withdrawn will be used by CITY for payment of its herein -referred debt service payment when due. Upon DEVELOPER paying the delinquent special assessments, CITY will repay to the appropriate surety, to the extent that the delinquent special assessments have been paid, the surety monies withdrawn, less any costs incurred by CITY in conjunction with the said delinquent special assessments. DEVELOPER shall provide CITY with cash, or Irrevocable Standby Letter of Credit, with the form of any Letter of Credit to be satisfactory to CITY, in the amount of 100% of the estimated cost of the Petition Items which are to be constructed as part of the City Project See calculations below: Total estimated cost of Petition Items for surety calculation purposes Surety Requirement El. $ 2,529,017.00 $ 2,529017.00 The said 100% surety is the guarantee referred to earlier in this paragraph that sufficient revenue is annually produced by the payment of special assessments to enable CITY to pay the required debt service payment, which debt service payments relates to the Subject Property development. The CITY may draw down the securily for any violation of the terms of this Agreement, or upon receiving notice of the pending_ expiration of the security. It shall be the responsibility of the DEVELOPER to inform the CITY at least thirty (30) days prior to expiration of the security of the impending expiration and the status of the project relative to the security and this Agreement. If, for whatever reason, the securitelapses prior to complete compliance with this Agreement, the DEVELOPER shall immediately provide the CITY with either an extension of the security or an irrevocable letter of credit of the same amount upon notification of the expiration. If the security is drawn down the proceeds shall be used to cure any default. The amount of the security may be reduced from time to time by CITY at request of the DEVELOPER at such time as equivalent security is put in place, installments of assessments are paid, when a separate A egr ement has been executed and all security set forth in that A egx ement has been posted with the CITY. It is the intent of this Agreement that the CITY has adequate funds at all times to make scheduled bond payments in proportion to that part of the project assessed to DEVELOPER or subsequent purchasers. This security amount shall be submitted to the CITY prior to execution of the plat and Developer's Agreement. All administrative and legal fees related to plan review, drafting of the Developer's Agreement and any other necessary items shall be paid to the CITY prior to execution of the plat and the Developer's Agreement. The security for this Agreement shall be an Irrevocable Letter of Credit in the amount of $ 2,529,017.00. Said security shall remain in place at all times until the CITY project has been completed and assessments have been certified to the County Auditor. The security amount may be reduced from time to time in compliance with the various terms and conditions of this Agreement. 23. On and Off -Site Improvements/Escrow Items: Surety. DEVELOPER shall perform all on and off-site improvements on the Subject Property limited at this time to grading and erosion control improvements. DEVELOPER will provide CITY, as a second and independent surety from the surety described in No. 23 above, with cash, approved letter of credit or other surety satisfactory to the CITY in the sum of $ 90,000.00, which figures represent 100% of the estimated cost of saidrig and erosion control improvements. The said surety shall be a guaranty to CITY that the installation, completion and on-going maintenance of thergrading and erosion control improvements by DEVELOPER will be timely performed and completed to the City's satisfaction, 0 on or before one year after MNDOT has completed its project upgrading Hi way 101. The said cash or letter of credit forr�g`and erosion control improvements shall be released upon certificate of the Engineer of CITY that such items have been satisfactorily completed pursuant to this Agreement. Periodically, as payments are made by DEVELOPER for the completion of portions of the project grading and erosion control improvements and when it is reasonably prudent, the DEVELOPER may request of CITY that the surety be reduced for that portion of the DEVELOPER'S project which has been fully completed and payment made therefor. Escrow items sureties shall be submitted by DEVELOPER, as follows: Grading and Erosion Control $90,000.00 24. Surety Release — Petition Items. DEVELOPER may request of CITY, and upon verification of the condition hereinbelow described, CITY shall grant a reduction or release of the respective party's sureties, as the case may be, as follows: A. When other acceptable sureties are furnished to the CITY to replace prior sureties, such as the sale of a lot to a new OWNER, wherein the new owner becomes a party to the this Agreement by being a successor in interest to DEVELOPER, and the new owner provides CITY with an acceptable surety based upon a pro -rata (per square foot). B. When, upon closing of sale of any lot to a new OWNER, payment of one year's installment of special assessment to CITY is made, or upon verification that at least one year of special assessment payments has been paid. C. When a building is completed on any lot within Subject Property, and one year's of installment of special assessments on a pro -rata (per square foot) basis has been paid to CITY at closing or it has been verified that said one or moreey ars of assessments have been paid and are current, and a Certificate of Occupancy is issued for that building, the surety shall be released by the CITY on a pro -rata (per square foot) of the assessments. D. No reduction shall be made which would result in the surety held being less than fifteen percent (15%) of the original surety amount for the Petition Items until the final costs are known and assessed. 10 25. Surety Deficiency. In the event that the respective sureties are ever utilized and found to be deficient in amount to pay or reimburse the CITY in total on the DEVELOPER'S parcels, as the case may be, DEVELOPER agrees that upon being notified by the CITY of such deficiency, the DEVELOPER will pay the said deficient amount or provide additional surety within fourteen (14) days of the mailing of said billings. In the event that the surety found to be deficient is a surety posted by the OWNER of any individual lot or lots, pursuant to provisions of this Agreement which allow for substitution of sureties, it shall be the responsibility of that OWNER, after notification by CITY of deficiency, to provide additional surety. If there should be an overage in the amount of utilized security CITY will, upon making said determination, refund to the DEVELOPER any monies or surety which CITY has in its possession, which are in excess of the surety needed. 26. Abandonment of Project — Costs and Expenses. In the event the DEVELOPER should abandon it's proposed development of the Subject Property, CITY'S costs and expenses for the preparation of the feasibility report, and plans and specifications and all other costs expended by CITY which are associated with the City Project (other than costs included in the Assessments) shall be paid by DEVELOPER. Sureties have been provided as follows: PURPOSE AMOUNT Costs associated with preparation $50,000.00 of feasibility report, plans and specifications and drafting Developer's Agreement If the development is abandoned, the CITY may withdraw funds from the above - referenced deposit or surety for the purpose of paying their costs referred to in this paragraph. The said escrow funds will be released by CITY upon the DEVELOPER providing satisfactory sureties for the Petition Items referred to in Exhibit "C". If the surety is inadequate to cover costs actually accrued by the City, DEVELOPER shall be responsible for reimbursement to CITY of all such costs above the security. 27. Developer to Pay All Costs. It is understood and agreed that amounts set forth in this Agreement as costs, unless specifically specified as fixed amounts, are estimated. DEVELOPER agrees es to pay the actual costs, provided the costs are consistent with the feasibility reports and preliminary cost estimates as determined at the time of assessment roll, associated with the proposed development together with platting costs, interest, administrative, engineering and legal costs with respect to their respective parcels, unless and to the extent same are included in the assessment. 11 28. Payment of Special Assessments. The special assessments levied for the City Project or any other CITY project previously levied, or to be levied as a part of activating previously deferred assessments, if any, against the Subject Property, or portion thereof, may be assumed by the new purchaser of the Subject Property, or portion thereof, upon the sale or transfer of any fee ownership interest in the Subject Property. DEVELOPER, unless the new purchaser has submitted its own sureties as allowed, shall maintain the sureties required under Section 23 hereof for the purpose of guaranteeing CITY cash flow in the event the special assessments are not timely paid. At such time as a lot has been developed with a building or buildings to which a Certificate of Occupancy has been issued, or the Assessments on such lot have been paid in full, DEVELOPER, or in the case of a new owner, shall be released for that lot, from the security requirement in Section 22 hereof. Said release shall be made pursuant to Section 24 hereof. If only a portion of the Subject Property is transferred, the new purchaser may assume the special assessments attributable only to that portion which is being sold or transferred subject to DEVELOPER maintaining the surety required in Section 22 of this agreement until such time as a building is constructed thereon and the Certificate of Occupancy issued therefor or the surety is released as provided in Section 24 of this Agreement. In the event the DEVELOPER wishes to convey a lot(s) and to receive certification that the assessments therefor have been fully paid, prior to completion of the City Project and the assessment therefor, said party shall provide CITY a cash surety deposit in amount equal to one hundred percent (100%) of the estimated special assessments for lots or the lots that the party seeks to convey. The said surety deposit made by the DEVELOPER for the Petition Items shall be retained in full until the final project costs and results of said assessments are determined. The CITY, upon receipt of said payment for a particular lot or lots shall then, upon request, certify within any special assessment search relating to said lot(s) that such lot(s) have been fully assessed for said Project, pursuant to this DEVELOPER'S AGREEMENT, and that no further assessments will be made to said lot(s) for the improvements comprehended or being constructed under the City Project . After determination of the final cost of the project to be assessed, the assessment to the extent same is not part of the Special Assessments, shall be paid out of the said surety deposit and any overage paid by the DEVELOPER will be returned; if there should be any shortage in the amount paid, the DEVELOPER shall immediately pay the CITY the difference between the amount previously paid and the amount of the assessments for the particular lot(s). Payment shall be made within thirty (30) days of the billing of the DEVELOPER. The City may draw upon any surety deposit made by the DEVELOPER if the DEVELOPER fails to pay the billed amount within thirty (30) days of said bill. 12 29. Maintain Public Property Damaged or Cluttered During Construction. DEVELOPER agrees to assume full financial responsibility for any damage which may occur to public property including, but not limited to, street, street sub -base, base, bituminous surface, curb, utility system including, but not limited to, watermain, sanitary sewer or storm sewer when said damage occurs as a result of the activities of the DEVELOPER the Property Owner, or their agents, employees, contractors or subcontractors which takes place during its respective development of the OTSEGO WATERFRONT EAST, except for damage caused by CITY, its employees, agents or contractors. DEVELOPER further agrees to pay all costs required to repair the streets and/or utility systems damaged or cluttered with debris when occurring as a direct or indirect result of the construction that takes place on the lots within OTSEGO WATERFRONT EAST. In the event DEVELOPER fails to maintain or repair the damaged public property referred to aforesaid, CITY may, upon notifying said party undertake making or causing it to be repaired or maintained. When CITY undertakes such repair, DEVELOPER shall reimburse CITY for all of its expenses within fourteen (14) days of its billing to the respective party in which repair was required. If DEVELOPER fails to pay said bill within fourteen (14) days, the Escrow Items surety shall be responsible for reimbursing CITY therefor. 30. Temporary Easement Right to Install Improvements. DEVELOPER by signing this Agreement, gives the CITY, Project Manager, City Engineer and its selected contractors and subcontractor's the right of access on all of the Subject Property to install the sanitary sewer, water, drainage and ponding, utility and street improvements referred to herein. Said temporary easement shall continue in force and effect until such time as any warranty period for the improvements constructed by the City has terminated. It is anticipated that DEVELOPERS will file the plat of OTSEGO WATERFRONT EAST on or before December 15, 2004, which plat will permanently provide right-of-way for the required streets and utilities. DEVELOPER further agrees to cooperate with the CITY and MNDOT for construction of the proposed Highway 101 Interchange and necessary City streets and temporary by-passes, and to provide without cost all necessary and reasonable temporary construction easements required by that Project. 31. City Engineering Administration and Construction Observation, And Legal And Administrative Fees Escrow. The DEVELOPER shall pay a fee for consulting engineering administration related to portions of the project which they are responsible. City engineering administration will include monitoring of construction, observation, consultation with Developers and their engineer on status or problems regarding the project, monitoring during the warranty period and processing of requests for reduction in security. The escrow established herein 13 applies to the private improvements which will be constructed by Developer or its contractors. Fees for this service shall be three percent (3%) of the estimated construction cost of the improvements to be inspected, assuming normal construction and project scheduling. The Developers shall pay for construction observation performed by the City's consulting engineer. Construction observation shall include part or full time inspection of certain private improvements and will be billed on hourly rates estimated to be five percent (5%) of the estimated construction cost of the improvements to be inspected. In the event of prolonged construction or unusual problems, the City will notify the Developers of anticipated cost overruns for administration and observation services. The escrow account shall include estimated fees for Legal expenses, a cash Administrative fee and Signs and shall be established at the time that improvements are commenced. No further use of the lots within the plat may commence or continue until escrow in an amount approved by the City is posted with the City. The escrow amount shall be submitted to the City at the time that further development within the plat is undertaken and will be included in Developer's Agreements for individual lots. All administrative and legal fees related to plan review, drafting of the Developer's agreement and any other necessary items shall be paid to the City prior to execution of the plat and Developer's Agreement. Any amounts not utilized from this escrow fund shall be returned to the Developers when all improvements have been completed, all financial obligations to the City satisfied, and any required "as built" plans have been received by the City. 32. Drainage. The Developers shall fully comply with the Grading, Drainage and Erosion Control Plan (Plan B). The City has established a fee for the impact of the Plat upon storm water drainage within the watershed. The fee is based upon engineering studies completed by the City. The established fee for Storm Water Management within the Plat is not applicable due to Developer's share of cost of storm water ponding. 33. Landscaping. The DEVELOPER shall submit to the City for approval, prior to construction of M buildings or private improvements a Landscaping Plan. Said plan shall be reviewed and approved by the CITY and thereafter the DEVELOPER shall be responsible for full and complete implementation of the plan. In order to insure compliance with the Plan, DEVELOPER shall submit to the CITY security to insure implementation of the Plan in an amount, term and form to be determined by the CITY. Security for landscaping shall be an Irrevocable Letter of Credit in an amount to be approved by the City Planner and which shall be submitted into escrow prior to issuance of any 14 Building Permits within the Plat. Said security may be used to cure any deficiency in the Landscape Plan, and to insure any warranties required by the CITY. If the landscaping is not timely completed, the CITY may enter the lot or lots, perform the work, and apply the security toward the cost. Landscaping that is part of development of separate lot or lots shall be paid at the time that improvements on that lot are approved and an Agreement entered into between the CITY and the lot owner. Upon satisfactory completion of the landscaping, the security, without interest and less any draw made by the CITY, shall be returned to the DEVELOPER or any other person who established the security for the benefit of the City. The DEVELOPER, or owner of each lot providing any trees, grass, seed, and sod shall maintain said plantings and warrant them to remain alive, of good quality and disease free for twelve (12) months after planting. Any replacement shall be warranted for twelve (12) months from the time of planting. The DEVELOPER or lot owners shall post security, as set forth above, to the CITY to secure these warranties. 34. Warranty. The DEVELOPER warrants all work required to be performed by it against poor material and faulty workmanship for a period of one (1) year after its completion and acceptance by the CITY. The amount of posted warranty security for anynp 'vate improvements to be posted by the DEVELOPER shall be in an amount established by the City Engineer and included in Developer's Agreements for individual lots. The amount will be determined by the City Engineer, and is based upon the costs of the raw materials and labor, which would be necessary to correct the most common deficiencies in suchnp �vate improvement. 35. Claims. In the event that the CITY receives claims from labor, materialmen, or others that perform work required by this Agreement, and the sums due them have not been paid, and the laborers, materialmen or others are seeking payment from the CITY, the DEVELOPER hereby authorizes the CITY to commence an interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to one hundred twenty-five percent (125%) of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the DEVELOPER shall release, discharge, and dismiss the CITY from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorney fees pursuant to this Agreement. In the event that the DEVELOPER desires to make a cash deposit instead of drawing down the letter of credit if a claim is made as stated above, they shall immediately notify the CITY of this intent at the time the claim is made and shall delivery one hundred twenty- five percent (125%) of the claim to the CITY within ten (10) days of such notice in the form of cash or certified check. 15 36. Restrictions. The following restrictions apply to the property and all lots thereon shall be held, sold and conveyed subject to the following conditions and restrictions which are for the purpose of protecting the value and desirability of the plat and insuring that all conditions imposed by the CITY in this Agreement are properly recorded against the property. Said conditions shall run with the real property and be binding on all parties having a right, title or interest in the plat or any part thereof, their heirs, executors, representatives, successors and assigns: A Restrictions placed on Outlot A, due to its inclusion in the Wild and Scenic District. 37. Park and Trail Dedication. The Developer shall dedicate to the City an easement for park purposes over all of Outlot A in lieu of payment of required Park and Trail fees Said easement shall be conveyed on the Plat or prior to any building_ permits being issued within the Plat. 38. Street Light Construction. The Developers shall pay for the operation and maintenance of any public street lights for a period of one (1) year or until such time as the plat is ninety percent (90%) built out, whichever occurs first. The first year of operation and maintenance shall not commence until such time as the final plat is accepted by the City and it is formally recorded. 39. Responsibility for Costs. A. Except as otherwise specified herein, the DEVELOPER shall pay all costs incurred by them or the CITY in conjunction with the development of the plat, including, but not limited to, legal, planning, engineering, and inspection expenses incurred in connection with development of said plat, the preparation of this Agreement, and all costs and expenses incurred by the CITY in monitoring and inspecting development of the plat. B. The DEVELOPER shall hold the CITY and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat development work done by DEVELOPER its employees, agents, contractors or subcontractors. The DEVELOPER shall indemnify the CITY and its officers and employees for all costs, damages or expenses which the CITY may pay or incur in consequence of such claims, including attorney's fees. 16 C. The DEVELOPER shall reimburse the CITY for costs incurred in the enforcement of this Agreement, including engineering fees, attorney's fees, and costs and disbursements. D. The DEVELOPER shall pay in full all bills submitted to it by the CITY for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the CITY may halt all plat development work and construction, including but not limited to the issuance of building permits and Certificates of Occupancy for lots which the DEVELOPER may or may not have sold, until all bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of twelve percent (12%) per year. 40. Developer's Default. In the event of default by the DEVELOPER as to any of the work to be performed by it hereunder, the CITY may, at its option, perform the work and the City may then draw down the security established in Paragraph 22 to pay for any work undertaken, provided the DEVELOPER is first given notice of the work in default, not less than seven (7) days in advance. This notice provision does not apply if the work performed by the CITY or its contractors is of an emergency nature, as determined at the sole discretion of the CITY. Should such emergency work be required, the CITY will make all reasonable efforts to notify the DEVELOPER as soon as possible. When the CITY does any such work, the CITY may, in addition to its other remedies, assess the cost in whole or in part against the property pursuant to any applicable statutes or ordinances. 41. Draw on Expiring Letter of Credit. In the event a surety or other form of guarantee referred to herein is in the form of an Irrevocable Standby Letter of Credit, which by its terms will become null and void prior to the time at which all money or obligation of DEVELOPER, is paid or completed, it is agreed that DEVELOPER, shall provide CITY with a new letter of credit or other surety, acceptable to CITY, at least thirty (30) days prior to the expiration of the said expiring Letter of Credit. If a new Letter of Credit is not received as required .above, CITY may declare a default in the terms of this Agreement and thence draw in part or in total, at CITY'S discretion, upon the expiring Letter of Credit to avoid the loss of surety for the continued obligation. 42. Miscellaneous. A. The DEVELOPER represents to the CITY that the plat complies with all County, metropolitan, state, and federal laws and regulations, including but not limited to, Subdivision Ordinances, Zoning Ordinances, and environmental regulations except where specifically excluded by this agreement. If the CITY determines that the plat does 17 not comply, the CITY may, at its option, refuse to allow construction or development work in the plat until the DEVELOPER does comply. Upon the CITY'S demand, the DEVELOPER shall cease work until there is compliance. B. Third parties shall have no recourse against the CITY under this Agreement. C. Breach of any of the terms of this Agreement by the DEVELOPER shall be grounds for denial or revocation of building permits. D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. If building permits are issued prior to the completion and acceptance of public improvements, the DEVELOPER shall assume all liability for the costs resulting in any delay in completion of public improvements and damage to any public improvements caused by the CITY, the DEVELOPER, is/her contractors, subcontractors, materialmen, employees, agents, or third parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface, unless a specific exception is approved by the CITY. F. The action or inaction of the CITY shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The CITY'S failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. This Agreement shall run with the land, shall be recorded against the title to the property, and shall be binding on all parties having any right, title or interests in the plat or any part thereof, their heirs, successors, and assigns. After the DEVELOPER has completed the work required of them under this Agreement, at the DEVELOPER'S request, the CITY will execute and deliver to the DEVELOPER a release or partial release (s) of this Agreement. H. The DEVELOPER shall take out and maintain until one (1) year after the CITY has accepted the public improvements, public liability and 18 property damage insurance covering personal injury, including death, and any claims for property damage which may arise out of the DEVELOPER'S work or the work of their subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall be not less than $200,000.00 for each occurrence. The CITY shall be named as an additional named insured on said policy, and the DEVELOPER shall file a copy of the insurance coverage with the CITY prior to the CITY issuing further building permits. I. Each right, power or remedy herein conferred upon the CITY is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to CITY, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the CITY and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The DEVELOPER shall pay for all local costs related to drainage improvements required to complete the construction according to the plans and conditions that are a part of this Agreement. K. Should development of the plat proceed at a pace slower than anticipated, and for that reason, specific terms of this agreement become onerous or unduly burdensome to the DEVELOPER, upon his/her application, the CITY will enter into negotiations regarding those specific terms and shall not unreasonably withhold consent to appropriate changes in the terms of this Agreement. M. DEVELOPER shall demonstrate and maintain compliance with the 1991 Wetland Conservation -Act. N. DEVELOPER shall be responsible for all on site drainage (except for drainage improvements to be constructed by CITY as part of the City Project ) well as for any affects that their actions may have on adjoining properties. Specifically, DEVELOPER shall maintain existing (as of the date of execution of this Agreement) drainage tiles on site, and shall be responsible for any and all drainage problems related to either the site drainage tiles or problems with on- site drainage facilities to be constructed in accordance with this agreement and plat approval. 19 0. The DEVELOPER agrees that while the development site is being graded, an independent testing firm shall test the street section in fill areas so as to certify that the contractor is achieving 95% of the standard moisture density relationship of soils except the top three (3) feet of the street section, which shall be compacted to 100% density. The CITY Engineer shall receive a copy of the test. 43. Violation of Agreement. If, while the sureties provided pursuant to Paragraphs 22, 24 and 26 of this Agreement are outstanding, a violation of any of the Covenants or agreements herein contained occurs and such violation is not cured within thirty (30) days after written notice thereof from CITY to the offending party, the CITY may draw upon that party's surety and apply the amount so drawn to pay for any required improvement to the extent of surety so provided pursuant to Paragraphs 24 and 26 hereof, and to pay for Petition Items, to the extent of surety provided for Petition Items, so as to provide the CITY cash flow pursuant to all terms of Paragraph 22 of this Agreement. 44. Private Streets, Driveways and Cross- Easements. DEVELOPER shall provide access to all lots and buildings and access to adequate parking facilities by way of appropriate easements and cross easements which shall be recorded prior to the issuance of any building permits within the Plat. The CITY shall be provided access and easement to any area within the Plat, including Outlots where it will be required from time to time to provide repair or maintenance to any utility, pipe, culvert pond or other public improvement. 45. Outlot A. A drainage, ponding and utility easement in favor of the CITY shall be provided either over all of Outlot A or over specific portions of the Outlot as determined by the City Engineer. Further, an easement in favor of CITY for park purposes over all of Oudot A shall be conveyed to CITY either on the Plat or prior to issuance of M building_ permits within the Plat. The CITY will include construction of a trail along the river within the Outlot in the City Project to be assessed back against the plat, said trail to conform to specifications of both the City and DNR. DEVELOPER shall convey to the City a permanent trail easement at least ten (10) feet wide over the trail. Said easements shall be conveyed prior to the issuance of any building permits within the Plat. 46. Site Access. It is contemplated that access to the site will eventually be from a folded diamond interchange bringing vehicles from the TH 101 to the site via an extension of CSAH 39 designated as 90th Street which is to be constructed as apart of the City Project. During the interim period before the upgrade of Highway 101 access will be via a 901h Street direct access to Highway 101. A portion of Quantrelle Avenue will also be reconstructed as a part of the 20 City Project in order to provide access to properties to the South of the Plat. Prior to construction of said access existing Quantrelle Avenue will have to be turned back or vacated by the State to the CITY. DEVELOPER shall cause to be dedicated, conveyed or otherwise transferred all necessary right of way, permanent easements and temporary construction easements necessary to construct the proposed interchange and public roadways at no cost to the City, and specifically a strip of approximately 11 acres identified on drawings created by DEVELOPER'S Engineer and included on the Plat as Outlot , which description is subject to MNDOT approval and shall be conveyed in accordance with directions of MNDOT . 47. Existing Building. An existing pole building is presently located upon the Plat property. Said building must be removed or destroyed during the course of Phase One improvements to the Plat. DEVELOPER shall acquire any and all necessary permits for removal or destruction of the building and shall comply with all applicable Federal, State and local rules and regulations regarding the construction or removal of the building. Any existing septic system and/or well must be properly capped and abandoned. 48. Subordination. The Agreement contains obligations of the CITY to provide credits payments and reduction of assessments in the event that certain conditions of the Agreement are satisfied In order to meet these obligations the CITY will have to bond for funding This Agreement must be recorded against the property contained within the Plat and all other liens interests or mortgages shall be subordinate to the terms and conditions of this Agreement and said Agreement shall not be subject to foreclosure by any other lien interest or mortgage. The Plat shall not be released by the CITY until a Subordination Agreement in form approved by the CITY has been executed by any such lien or mortgage holder and recorded with the Plat. 49 Dispute Related to Valuation of Property. DEVELOPER is eligible to receive certain assessment reductions, credits and payments in the event that Outlots and are constructed with buildings and improvements in excess of an assessed valuation of eleven (11) million dollars, or an adiusted amount in the event that construction is delayed. It is the intent of this Agreement that the assessed valuation be determined by the same standards as similar property within the City or the general locality. The assessment shall be made by the City Assessor. In the event that, for the purposes of this Agreement, the property is assessed by the CITY at less than eleven (11) million dollars (or any adjusted amount required by this Agreement) and the DEVELOPER has good faith objections to the amount and how it was determined, DEVELOPER shall present to the CITY such objections in writing for consideration by the City Assessor and the City Council. If upon 21 reconsideration, the CITY determines that the values assessed are in fact below the threshold required by this Agreement the DEVELOPER may request in writing an assessment by a neutral third part assessor properly trained and certified and agreed to by both parties. DEVELOPER shall be responsible for the costs of the third party appraiser. The parties will abide by the decision of the third party assessor. In the event that the buildings and improvements contained on Outlots and _ are determined to be in excess of eleven (11) million dollars or any future adjustment of that amount necessary to receive credits and payments under this Agreement, DEVELOPER and any and all future lot owners, agree not to appeal any such assessed valuation claiming an actual assessed valuation any lower than the threshold amount as set forth in this Agreement. Said limited waiver of right to appeal includes appeals to the City as well as any statutory proceedings to appeal property valuation assessments. 50. Separability. In case any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and any other application thereof shall not in any way be affected or impaired thereby. 51. Notices. Required notices to the DEVELOPER shall be in writing, and shall be either hand delivered to the DEVELOPER, their employees or agents, or mailed to the DEVELOPER by registered mail at the following address: 101 Broadway Street West, Suite 210, Osseo, MN 55369. Notice to the CITY shall be in writing and shall be either hand delivered to the City Clerk or Deputy City Clerk at the following address: City of Otsego, City Hall, 8899 Nashua Avenue NE, Otsego, MN 55330, Attention: City Clerk or Deputy City Clerk. 53. Agreement Effect. This Agreement shall be binding and extend to the respective representatives, heirs, successors and assigns of the parties hereto. CITY OF OTSEGO By: Its: Mayor And: Its: City Administrator 22 DEVELOPER WATERFRONT EAST, LLC By: Its: STATE OF MINNESOTA) COUNTY OF WRIGHT ) SS. CITY OF OTSEGO ) Chief Manager On this day of , 2004, before me personally appeared Larry Fournier and Judy Hudson to me known to be the persons described in the foregoing instrument and who did say they are, respectively, the Mayor and City Clerk of the municipal corporation named therein and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Larry Fournier and Judy Hudson acknowledged said instrument to be the free act and deed of said municipal corporation. NOTARY PUBLIC STATE OF MINNESOTA) COUNTY OF WRIGHT ) SS. CITY OF OTSEGO ) On this day of , 2004, before me personally appeared to me known to be the person described in the foregoing instrument and who did say they are the Chief Manager of WATERFRONT EAST LLC and that said instrument was signed on behalf of WATERFRONT EAST LLC with authority and on behalf of the limited liability 23 compM and said Robert Fields acknowledged said instrument to be the free act and deed of said entity. DRAFTED BY: COURI, MACARTHUR & RUPPE 705 Central Avenue East PO Box 369 St. Michael, MN 55376 (763)497-1930 NOTARY PUBLIC 24 Page 1 of 1 Andrew MacArthur From: "Gleeman Mark" <MGleeman@winthrop.com> To: "Andrew MacArthur' <amacarthur@earthlink.net> Cc: "Robert Fields" <bfields@landcorinc.com> Sent: Tuesday, December 07, 2004 1:52 PM Attach: Land Swap Agreement -Waterfront East_101 Market (4).DOC; Ingress and Egress Easement (2).DOC Subject: 101 Market/Nathe <<Land Swap Agreement - Waterfront East/101 Market.DOC>> <<Ingress and Egress Easement.DOC>> Andy, Attached is a revised Land Swap Agreement and new Ingress and Egress Easement Agreement. Please review the documents and let me know if you have any comments. I will then provide the documents to the attorney for the Nathe's. Thanks. Mark R. Gleeman, Esq. Winthrop & Weinstine, P.A. Suite 3500 225 South Sixth Street Minneapolis, Minnesota 55402 (612) 604-6677 (direct) (612) 604-6877 (fax) mgleeman@winthrop.com www.winthrop.com NOTICE - CONFIDENTIAL INFORMATION The information in this communication is privileged and strictly confidential. It is intended solely for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, any dissemination, distribution, copying or other use of the information contained in this communication is strictly prohibited. If you have received this communication in error, please first notify the sender immediately and then delete this communication from all data storage devices and destroy all hard copies. 12/9/2004 LAND SWAP AGREEMENT THIS AGREEMENT is made and entered into this _ day of December, 2004, by and between Waterfront East, LLC, a Minnesota limited liability company ("WE"), Ken and Julie Nathe, Minnesota residents (collectively, "Nathe") and the City of Otsego ("City"). WHEREAS, WE owns Outlot N as identified by crosshatches on Exhibit A, attached hereto, which is located in the City of Otsego, Wright County, Minnesota (the "WE Property); WHEREAS, Nathe owns the triangular parcel of land within the circled area as shown on Exhibit A, attached hereto, which is located in the City of Otsego, Wright County, Minnesota (the "Nathe Property"); WHEREAS, WE desires to convey the WE Property to Nathe and Nathe desires to convey the Nathe Property to the City so that an extension of Quantrelle Avenue may be constructed by the City in connection with WE's development of adjacent real property within the City; NOW, THEREFORE, in consideration of the foregoing and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: Upon execution of this Agreement, (a) WE shall sign and deliver to Nathe, a Quit Claim Deed for the WE Property in the form attached hereto as Exhibit B; and (b) Nathe shall sign and deliver to the City, a Quit Claim Deed for the Nathe Property in the form attached hereto as Exhibit C. 2. WE and Nathe shall execute an Ingress and Egress Easement Agreement in the form attached hereto as Exhibit D at such time as the plat for the WE Property is recorded. 3. The City hereby confirms that it owns (or will own upon completion of the upgrade to Quantrelle Avenue) the right of way up to and abutting the westerly boundary of the Nathe Property. 4. At the City's cost, the City shall construct the entrance and landscaping to Nathe Property on the surface of the Easement Area described in the Ingress and Egress Easement Agreement attached hereto as Exhibit D, including bituminous paving. Prior to said construction, Nathe must approve the plans for said construction, such approval may not be unreasonably withheld, delayed or conditioned. The City agrees not to assess the Nathe Property for the cost to construct said entrance and said landscaping. 5. This Agreement (including all exhibits hereto) contains the entire agreement of the parties and supersedes all prior discussions, negotiations and agreements with respect to the subject matter hereof. This Agreement may not be changed orally but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought. 6. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the date first above written. WATERFRONT EAST, LLC Robert L. Fields, Chief Manager CITY OF OTSEGO By Its 2143584J2 2 Ken Nathe, individually Julie Nathe, individually EXHIBIT A MAP EXHIBIT B WATERFRON EAST QUIT CLAIM DEED TO NATHE EXHIBIT C NATHE QUIT CLAIM DEED TO CITY EXHIBIT D INGRESS AND EGRESS EASEMENT [Reserved for Recording Data] INGRESS AND EGRESS EASEMENT AGREEMENT THIS EASEMENT AGREEMENT, made as of this day of '20 , by and between Waterfront East, LLC, a Minnesota limited liability company ("WE"), and Ken and Julie Nathe (collectively, "Nathe"). WHEREAS, WE is the owner of certain real property located in Wright County, Minnesota, and legally described on Exhibit A ("Parcel A!): WHEREAS, Nathe is the owner of certain real property located in Wright County, Minnesota adjacent to Parcel A, and legally described on Exhibit B ("Parcel B"): WHEREAS, WE desires to grant to Nathe a non-exclusive ingress and egress easement for vehicular and pedestrian access on the area legally described on Exhibit C ("Easement Area") as more fully set forth below. NOW, THEREFORE, in consideration of the foregoing and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: Recitals. The recitals set forth above are incorporated into this Agreement by reference. 2. Grant of Easement. WE hereby grants to Nathe and the future owners and occupiers of Parcel B, an appurtenant non-exclusive easement for vehicular and pedestrian ingress and egress on the surface of the Easement Area only. Nathe and all future owners and occupiers of Parcel B shall (a) have no right to place any signage over, across or on the Easement Area, and (b) not construct or place any vehicular site line obstructions on the Easement Area. 3. Nathe's Maintenance Obligations. At Nathe's cost, Nathe shall (a) repair and maintain the bituminous paving surface of the Easement Area, (b) repair and maintain the curbing in the Easement Area, and (c) remove accumulated snow from the Easement Area. 4. WE Rights. Notwithstanding the grant of the easement herein, WE shall have the right to place, repair and/or maintain (a) utilities below the surface of the Easement Area, and (b) landscaping and traffic signage on the Easement Area. WE's Maintenance Obligations. If, in the exercise of WE's right under Section 4(a) above, WE disturbs the surface of the Easement Area, WE shall (a) provide Nathe with ten (10) days prior written notice, except in case of emergency in which case no prior notice is required, (b) proceed with the installation, repair and/or maintenance of utilities in a diligent manner, (c) make reasonable efforts to minimize the closure of the Easement Area, and (d) at WE's cost, repair the surface of the Easement Area (including the curbing) to the condition that existed immediately prior to such work due to the installation and maintenance of any utility lines placed in the Easement Area by WE. 6. Failure. In the event that either party fails to discharge its obligations under the preceding paragraphs 3 and 5 above within a reasonable time following receipt of written notice of such failure, the other party shall have the right to perform such obligations and to charge the non-performing party with the cost thereof. The rights granted herein shall not create any obligation on the part of any party to exercise such rights or perform the other party's obligations. 7. Successors and Assigns. The rights of the parties hereto shall apply to, and run with and for the benefit of their respective properties. In the event the entire interest of a party hereto and all or any part of a parcel is transferred (by conveyance, assignment, operation of law or otherwise), then its rights and obligations under this Agreement, excluding obligations then due or matured, shall terminate fully insofar as they relate to all or any part of the property in which its rights had been transferred, and the successor or assign to such party's interest in all or such part of the property shall, by accepting the transfer, assume all obligations of such party hereunder. Ownership. Each party represents that is the fee simple owner of its respective property, subject to easements, restrictions and agreements of record. 9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Ingress and Egress Easement Agreement as of the date first above written. WATERFRONT EAST, LLC Ken Nathe, individually Robert L. Fields, Chief Manager Julie Nathe, individually 2 STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of December, 2004, by Robert L. Fields, the Chief Manager of Waterfront East, LLC, a Minnesota limited liability company, on behalf of the Company. Notary Public STATE OF MINNESOTA ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of December, 2004, by Ken Nathe and Julie Nathe, husband and wife. Notary Public THIS INSTRUMENT DRAFTED BY: Winthrop & Weinstine, P.A. 225 South Sixth Street, Suite 3500 Minneapolis, Minnesota 55402 EXHIBIT A LEGAL DESCRIPTION FOR WATERFRONT EAST PROPERTY EXHIBIT B LEGAL DESCRIPTION FOR NATHE PROPERTY EXHIBIT C LEGAL DESCRIPTION FOR EASEMENT AREA 2163961v1 ITEM 10-7 RESOLUTION NO. 2004-75 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION SETTING A GENERAL FUND BUDGET OF $2,189,572 FOR 2005 BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO, MINNESOTA 1. That there is hereby approved for 2005 A General Fund Budget of $2,189,572. 2. That a copy of this resolution be transmitted to the Wright County Auditor. Dated this 13th day of December, 2004 CITY OF OTSEGO Larry Fournier, Mayor ATTEST: Judy Hudson, City Clerk ITEM -1p_2 RESOLUTION NO. 2004-74 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION SETTING A FINAL TAX LEVY OF $1,927,573 FOR 2005 BUDGET APPROPRIATIONS WHEREAS, the Otsego City Council is required by State law to establish a final tax levy for 2005 by December 15, 2004. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO, MINNESOTA 1. That there is hereby approved for proposed expenditure from general taxes the following sums for the purpose indicated. General Government $1,575,620 1999 Overlay Debt Service $ 55,000 2003 Debt Service $ 267,765 Equipment Certificate $ 2.9,_188_ Total Tax Levy $1,927,573 2. That a copy of this resolution be transmitted to the Wright County Auditor. Dated this 13th day of December, 2004 CITY OF OTSEGO Larry Fournier, Mayor ATTEST: Judy Hudson, City Clerk ITEM 77_7 MEMO Date: November 30, 2004 To: Mayor & Council City Commissions From: City Administrator Mike Robertson Re: Update on Commission Terms PLANNING COMMISSION Tammie Fallon's (Carl Swenson) seat is up at the end of this year. Richard Nichols, Pam Black, and Steve Schuck's seats are up at the end of 2005. David Thompson`s seat is up at the end of 2006. Jim Kolles and Doug Hackman's seat are up at the end of 2007. Tom Darkenwald and Troy Watring are alternates. PARK & RECREATION COMMISSION Pauline Nelson and Terry Long's seats are up at the end of this year. Pauline Nelson does not wish to be reappointed and Terry Long has not been able to attend most of the meetings. Jessica Stockamp and Rose Cassady's seats are up the end of 2005. Pete Torresani and Mark Thorsted's seats are up at the end of 2006. Mike Brumm's seat is up at the end of 2007. There are openings for the Nelson, Long, Stockamp, and Thorsted seats. Kathy Roberts and Aaron Stritesky are alternates. HISTORIC PRESERVATION COMMISSION The seat held by Joy Swenson is up at the end of 2005. Ron Black, Sharon Carter, Debbie Caron, Chris Wilson, and Jeanine Christenson's seats are up at the end of 2006. The seats held by Carla Ransom and Lilia Rousselet are up at the end of 2007. There is no alternate. POLICE COMMISSION The seats held by Tom Koerwitz and Jane Bartheld Theisen are up at the end of the year. The seats held by Alvin McClure, Phil Larsen, and Rudy Thibodeau are up at the end of 2005. The seats held by Tom Carter and Sandra Michaelson are up at the end of 2006. There is no alternate.