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08-04-04 WS.5 Memo,:, To: Otsego City Council From: Andy MacArthur, City Attorney CC: Ron Wagner, City, Engineer Date: August 2, 2004 Re: Proposed Ravine6torm Water Drainage Project The above entitled matter�Idates back to 1995 and before. The original Plat of Island View Estates was approved in 1972. It appears that even at that time the Town Board had concerns about the build ability of certain lots within the Plat, including the Stander's property, Lot 18, Block 1. In fact, at some point the City Engineer was directed to thoroughly evaluate certain lots prior to the City issuing a building permit. The original Plat contains"drainage easements to the Mississippi River, two of which are along the boundary of the subject parcel. Apparently the lot was not seriously considered for purchase until around 1995. At that time inquiries were made to the City regarding the build ability of the lot which resulted in numerous memos and correspondence. It appears that certain proposed sales of the property never occurred due to issues regarding the build able status of the property. The memos and correspondence reflect concems of the City Engineer and building official that the lot needed certain drainage improvements to'be deemed a build able parcel. In 1995 the City paved Island View Estates and assessed the property owners for the improvement in 1996. A building permit was issued to the Standers on June 30, 1997. The building permit required, as a condition, that certain erosion control work be done and paid for by the Standers. In order to assure that the work was completed the Standers were required to post a $10,000.00 letter of credit. It appears that the work required as a condition of issuance of a building permit was never completed. In 1998 the Standers brought the issue of the required erosion control work in front of the City Council on more than one occasign. The City also received correspondence from the Stander's attorney, which this office replied to. This office also responded to a later request for specific City minutes and other documents. This is where our file ends. The City has recently directed the City Engineer to complete a feasibility study which would address needed improvements in .two ravines in the area of the subject property. The cost of the improvements is significant. If the project were to be assessed out pursuant to Minnesota Statute 429 the City would have to demonstrate benefit to the properties be assessed, benefit being an increase in fair market value of that property. Based upon review of this feasibility study it is my opinion that the City would be hard pressed to prove that value to many or most of the properties, except for the Stander property and any other property along the ravine which was directly threatened by erosion of the ravine. The only feasible way of charging out the project would be as a storm water improvement under Minnesota Statute 444. Under Minnesota Statute 444 specific special benefit does not have to be demonstrated, but the charge must still be fair and equitable. In such a case "fair and equitable" can be related to something other than specific benefit to a particular parcel, for example it may be related to a reasonable calculation of the contribution of a specific property to an overall drainage problem. As far as equity is concerned, in this case, the property that would benefit most from the improvement the Stander property) was constructed after the Island View Road project was complete. When Island View was approved, I assume that it met all applicable County drainage and erosion requirements at that time. When the golf course was constructed it met all City requirements and constructed facilities to deal with storm water discharge from the site. The Stander property was developed after the road improvement project and kith knowledge of those circumstances. I have attached to this memo various documents from the file which outline some of the history of the drainage problems. Based upon the feasibility study and the costs contained in that report, it is my opinion that attempting to charge the costs as presented could be very problematic, even if the City were to proceed under Minnesota Statute 444. • Page 2 Y t c !f 9 c 18 f c A PJ 89*7-6'0'5'w 1269-g,---- W! L C I '.t 1 4 Of 0 4 P RO X I m A, 1'f AAeA D R A TO 1 pro 6 A5 ro .4,j o vv as r A I, vt w e3 0 0: 41 +1 4. Zi LA V. %j c 4 -31 e� Ld Ve 0. Dlif: I • A 0 2 at '.0 il 00 !j J. r . J4 12 it 1 2 � �i •1 •7 1 1 .. : 6 ;0 c• %S'. til 1 A4"0 24 This plat- Count Boa -c 4 thisd. 0 6 4, 0 !G c r I hereby c 4 N 840?.3',4- MN 651.$4 4. day 6 �c C L herein. 0 'fA c 6 7.6 I > Pj t No W. i I he by c -Y 2W J. If N Mc z. 2562, 11 ll�=by c day CITY OF OTSEGO 3899 Nashua Avenue N.E. ON THE GREAT RIVER ROAD (612) 441-4414 Elk River, MN 55330 Fax: (612) 441-8823 July 24, 1995 Mr Scott Bertas, Realtor Edina Realty, 65TH ST Office 4015 West 65TH ST - Edina, Minnesota 55435 I RE: ISLAND SEW ESTATES. LOT 11, BLOCK 18 PED # 118-127-001180 Dear Mr Bergs: The purpose of this letter is to confirm. the City of Otsego is willing to issue a building permit for Lot 1, Block. 18, Island View Estates, provided the plan for drainage and septic system is provided by jqM Oliver and Associates and found to be suitable by the Qty Engineer. This confirmation is subject to review and could be withdrawn in the event of future change of zoning or building requirements as they would affect this property - All approvals are contingent on review by the City Engineer. Such comments will be forthcoming the first week in August. I Sincerely, CITY OF OTSEGO Elaine Beatty Clerk/Zoning Adm. CC: Larry Koshak Jerry Olson Judy Hudson Allen Webber City of Otsego File To Whom It May Concern: From: Elaine Beatty, Clerk City of Otsego August 3, 1995 It has been requested. by the buyers and sellers of Lot 18, Block 1; Island View Estates, that the Cityreview and comment on the proposed residential construction on this lot. Due to concerns about soil erosion, bank stabilization, and drainage issues, the City had requested that a plan be prepared addressing those issues. A plan prepared by John Oliver & Associates, Inc. date June 22, 1995, was received and recommended for approval by the City Engineer. The plan meets the current requirements for erosion, bank stabilization, and the local watershed runoff concerns. The City would express that it accepts no liability for private drain tile either presently, in place orito be installed to serve the expressed concerns. The owners shall provide the necessary drainage easements to convey the over land flow through the Lots 18 and 19, Block 1. The septic tank/drainfield report prepared by S -P testing dated May 7, 1995, does meet the requirements of City Ordinance 91-24, Sewage Disposal Ordinance. These approvals are subject to review at the time a building permit is requested and approval could be withdrawn in event of changes in city zoning, building codes and ordinances, County, ,State and Federal rules and regulation changes. It is the intent of this letter to acknowledge to the buyer and seller that under the present conditions, that a building permit could be issued pending review of the structure itself and where the owners comply with approved reports and plans as noted above. This letter applies only to the seller and buyers and is void when the property is transferred or sold to other parties than stated above. 072131 . CITY OF ioTSEGO 8899 Nashua Avenue N.E. ON THE GREAT RIVER ROAD (612) 441-4414 Elk River, MN 55330 Fax: (612) 441-8823 i August 3, 1995 I TO: WHOM IT MAY CONCERN: it FROM: ELAINE BEATTY, CLERK/ZONING ADM, CITY OF O.TSEGO RIE: LOT 1`8, BLOCK 1 of Island View Estates It has been requested,�by the buyers and sellers of Lot 18, Block 1; Island View Estates, that the City review and comment on the proposed residential construction on this lot. Due to concerns about soil erosion, bank stabilization, and drainage issues, the City had requested that a plan; a prepared addressing those issues. A plan prepared by John Oliver and Associates, Inc, dated June 22, 1995, was, received and recommended for approval by the City Engineer. The plan meets the current requirements for erosion, bank stabilization, and the local watershed runoff concerns. The City would express that it accepts no liability for private drain tile, either presently, in place, or- to be installed to serve -the expressed concerns. The owners shah provide the necessary drainage easements to convey the overland flow through the.Lots 18 and 1.9, Block 1. The septic tank/drainf eld report prepared by S -P Testing dated May 7, 1995, does meet the requirements of the City Ordinance 91-24, Sewage Disposal Ordinance. These approvals are subject to review at the time a building permit is requested and approval could be withdrawn in event of changes in City Zoning, Building Codes and Ordinances, CountykState and Federal rules and regulations changes. �II� It is the intent of this:Metter to acknowledge to the buyer and seller that under the present conditions, that a building permit could be issued pending review of the structure itself and where the owner's comply with approved reports and plans as noted above. Also, see attached letter from Lawrence G Koshak, PE, City Engineer dated August 3, 1995 for your information. Attachment �2 II Hakanson Anderson 1-111A5soc-,1nc. August 3, 1995 Ms. Elaine Beatty, Clerk City of Otsego 8899 Nashua Avenue Otsego, MN 55330 RE: Lot 18, Block 1;.I lsland View Estates Dear Elaine: 222 Monroe Street Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3401 We have reviewed the !plans and report prepared by John Oliver & Associates dated June 22, 1995, and recommend approval of the plan. We also have reviewed the sewage disposal report and with the concurrence of Jerry Olson, Building Inspector, recommend approval. The applicant must provide adequate drainage easement to facilitate the overland drainage between Lot 18 and !9, Block 1. The City should not be responsible for the existing private drain tile either now or in the future. Any new tiles placed to connect to the old tile system also will be considered private matter between landowners. We recommend a letter be provided to the buyers and sellers to the effect that current submittals meet the engineering and sewage disposal concerns for development of this lot as a residential;, site. If you have further questions, please contact me. Yours truly, HAKANSON ANDERSON ASSOCIATES, INC. Lawrence G. Koshak, PE .I jlg h cc: Jerry Olson, Building Inspector Andy MacArthur, Attorney OT2131.eb C—nivvors of - (91 CREATIVE MANAGEMENT PRACTICES Consulting for International Schools John Stander Director Lawrence G. Koshak, Hakanson, Anderson 3601 Thurston Ave., Anoka, MN 55303 Dear Mr. Koshak, 7th Fl., No. 16, Lane 219 Chung Shan N. Rd., Sec. 7 Taipei, Taiwan R.O.C. PE & Associates Tel: ?a—x-. 8-86-2-874-8981 886-2-874-8981 August 14, 1996 Thank you for meeting with me and Jon Bogart on such short notice to discuss the drainage work the City,, of Otsego requires before Lot 18, Block 1 can be developed for residential use. I believe the plan to reduce the size of the driveway culvert to 14" is a good partial solution' to the problem. At peak runoff periods, this will create a ponding area and reduce the rate of flow into the ravine. I hope your flow estimates will allow this change. From a cosmetic point of view I hope this solution will not cause a permanent wet area where the ponding will occur. The drainage ditch (gully) is quite large and presently presents an eye sore as one drives to the property. I hope your solution .;of grassing the ditch will visually improve the entry area. Also, the enlarged cul -,de -sac is now much higher than the property and will require a sloped driveway entrance which could also cause drainage problems, not to mention additional expense. I do wish to lodge my,concerns over the work the City has done to create a drainage system and how it affects the development of Lot 18. Further, I hope that the City will review the drainage plan and address my concern that the new drainage system adds corrective and ongoing maintenance problems for the owners of both Lots 18 and 19. I believe the new drainage system adds to the erosion problem between Lots 18 and 19 in at least three sig illificant ways: 1. The drainage system has been enlarged to the East causing additional runoff into the ravine. 2. The drainage ditches have been enlarged, eliminating any ponding areas above the ravine. This will increase the rate of flow into the ravine at peak periods of precipitation. 3. The paved road area within the drainage system has also been increased, and this will also cause an' increase in the rate of flow during peak periods. email: stander@transend.com.tw It seems to me that itis unfair of the City to mandate that the owner of Lot 18 correct an erosion problem which is partially caused by the new drainage system, and which is within an easement area which is only partially on Lot 18. As I understand it, two prospective buyers previously withdrew their bids once the magnitude of the corrective work required was known. We don't wish to be the third. We like the property and the area, and would like to become involved citizens of the City of Otsego. Further, we want to work with the city to correct the erosion problem between the two lots. This is in the best interests of the neighborhood (particularly the owner of Lot 19) and the city. If containment does not occur this fall, I believe the city is in danger of losing part of the newly paved cul-de-sac into the ravine next spring (There is already erosion in the ditch due to heavy rains). I hope that the City will come up with a plan which is equitable for all concerned. If this can be accomplished in the near future, we are prepared to do what is required of usi this fall. I have not seen the city plan for eroson containment around the circumference of the cul-de-sac. I expect snow removal is also part of the plan. Could you also inform me on these issues. ;k It is difficult to work'on these issues when we are on the other side of the world. However, from our meeting, it seems that everyone is willing to work on these issues. We greatly appreciate your willingness to look for an equitable and permanent solution. Sincerely yours, S c/c Ms. Elaine Beatty, Clerk/ Zoning Adm., City of Otsego 8899 Nashua Ave. NE. Elk River, MN 55330 Mr. Jon Bogart John Oliver & Associates 580 Dodge Ave. , Elk River, MN 55330 Mr. Robert Neison 2050 Pawnee Road Hamel, MN 55340 Hakanson Anderson Assoc, Inc. it i September 20, 1996 John Bogart, PE John Oliver & Associates 580 Dodge Avenue Elk River, MN 55330-;1509 RE: Lot 18, Block 1;; Island View Estates Dear John: `r 3601 Thurston Avenue Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3'40T- 0520 Just a note to tell you'lthat we will not be reviewing the proposed site and drainage dated, Latest revision, September 13, 1996 plan for this lot which we received from you recently until a building permit has been issued. We have no source of funding for the review until the owner either takes out a building permit or places cash in an escrow with the City. Call me if you have an,'y questions. Sincerely, HAKANSON ANDERSQN ASSOCIATES, INC. LbGvre,7ice A. I(g6hak, PE jig cc: Elaine Beatty, Clerk OT2131.ib 1 ,,;,.,; Surveyors 3601 Thurston Avenue Hakanson Anoka, Minnesota 55303 Anderson 6121'427-5860 Assoc., Inc. Fax 612/427-34e+- 0520 October 18, 1996 Mr. John Bogart, PE John Oliver & Associates 580 Dodge Avenue Elk River, MN 55330 RE: Lot 18, Block 1; Island View Estates City of Otsego Dear John: We have reviewed the ':revised Erosion Control Plan provided by your firm to address erosion problems between Lot 18 and Lot 1, Arrowhead Estates, at which time your client applies for a building permit. We normally do not recommend use of HDPLE corrugated plastic pipe and thus far have not allowed it to be used in public easement or right of way. In this cases, the homeowner is installing the pipe in a drainage easement held by the City. The City, therefore, becomes responsible for the improvements and maintenance thereafter. We understand that placng the heavier concrete pipe in this ravine would require considerable effort with large equipment. The construction would occur in the wild and scenic area of the bluff and could cause extension damage to the bluff vegetation. Thus, the installation of the light pipe would be acceptable in this case. The following conditions would apply: Velocities in the pipe will be nearly 10 feet per seconds. This could ---cause excessiveNorce on the pipe joints and connections to the proposed manhole. Pipe anchoring is shown a n the Ibe,anchoredrat each joint. between the anchors is not. Thep p should The pipe should also be anchored to the manhole. Silt fence is shown at 50' intervals. We would recommend placing and anchoring bale S directly behind the silt fence. The 12 pipe is shown to be installed in a curve alignment to follow the existing swale,. This will make the pipe difficult to clean if debris becomes lodge, in the pipe. We would recommend installing a screen in MH1 at the pipe entrance. The screen should have 4" x 4" openings maximum. Survcyor5 Architects John Bogart Page 2 October 18, 1996 The stifling pond and rip rap at the outlet is not shown in great detail. The rip rap should be d5o at a 24" depth or, -if a small size of rip rap is used, it should be grouted in-place. The north inslope of the stilling pond should have rip rap installed. High velocity fiber blanket should be installed in the swale above. the pipe. This will aid in preventing the pipe from being exposed through erosion. .i The above conditions shall be implemented. If you have any questions, please contact myself or Kevin Kielb of our office. 1 Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. jig ;i cc: Elaine Beatty, Cl11 erk — �bT2131 Jb2 Hakanson i-1 Anderson Assoc., Inc. Mayor Larry Fournier and City Council members: April 20.1998 Suzanne Ackerman Mark Bening Vern Heidner Virginia Wendel City of Otsego, MN Dear Mayor Fournier and City Council members; By way of introduction, we purchased Lot 18, Block 1, Island View Estates, City of Otsego two years ago and built a home there this past fall. As a condition of occupancy we were required to escrow $10,000 for future erosion control work to be performed within the city easement on the eastern edge of our property (please refer to the plan entitled "Erosion Control Measures", revised on 9/13/96 and submitted to the City by John Oliver and Associates). While we complied with this request from the Building Inspector (in order to occupy our home), we stated to Mr. Olson that we felt this request was unreasonable on a number of counts. He suggested that we bring our concerns before the City Council; hence this letter to you. Our property sits on the bluff line above the Mississippi River, with deep ravines on both the!ast and west property lines. Both ravines have been used by the City for a number of years to control surface water from the surrounding properties and paved surfaces. And, the work done by the City during the summer of 1996 increased both the land area and road surfaces that use these ravines for drainage. The drainage ditches were also widened and deepened at this time. While both ravines are being eroded, it is the easterly ravine which is in question by the City. There is no question that erosion control measures need to be taken, not only within the easement in question, but all along the bluff line -- across to and including the westerly ravine. Contiguous to the easterly ravine in question: the bluff fine is being quickly eroded on both sides of the easement; the silting of the bottom land has increased with the increased rate of water flow; the ravine has become a collection point for man-made debris; and these problems will only increase as more n- nerties and paved areas are added to this water shed (please see attached photographs and water shed dagram). ,ntend to take erosion control measures along the bluff line within our property, and wish to cooperate with the City in dewing with the problem within the easement in question. We do not feel, however, that the burden of erosion control within the easterly ravine should rest safely with us. We submit the following concerns for your review: 1. The proposed work falls within a city easement which has been used by the City for a number of years to divert surface water from the paved roadways�'and properties located in Blocks 1, 2 and 3 of The Island View Estates. And, the work done by the City in 1996, increased the drainage use of both ravines. We question why the correction measures now required by the City were not included in the assessment made by the City at that time — -- as was the work done on the drainage ditches contiguous to other properties within this drainage area. 2. The City of Otsego Ordinance #94-2, in support of the State Wild and Scenic River Act, states that "development shall be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential ... (and that) Disturbed areas must be stabilized and protected as soon as possible..." (20-74-9, D1b). We question, how the City had planned to address this issue at the time they authorized expansion of the roadways and erosion ditches. 3. ApproAmately two-thirds of the work proposed by John Oliver and Associates along the length of the ravine, is east of our property line and on land not owned by us. We question whether we should be held responsible for the cost of this work. As new members of the Otsego community, we wish to be responsible citizens and to underwrite our fair share of the cost of city improvements. But as new members to the community, we do not wish to be assessed for problems caused by other entities in the past or for work required.iby the City on other properties. We appreciate the opportunity to bring these concerns before Council, and look forward to your review and response to our questions. Respectfully submitted, ,i: pictures of disturbed areas map of approximate drainage area i John and Isobel Slander 9897 Kaiser Ave. NE Otsego, MN 55362 Tel: 295-6062 HPR.22.1998 2:59PN I NO. 732 P.1/2 TO:OTSEGO Hakanson 3601 Thurston Avenue Anderson Anoka, Minnesota 53303 Assoc., Inc,. 612/427-5860 Fax 612/427)6 0620 April 22, 1998 Elaine Beatty, Clerk City of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 RE: Stander Property Lot 18 Island View Dear Elaine, I received a copy of Mr. Stander's letter dated 4/20/98. 1 understand that this will be briefly discussed at the 4/27/98 council meeting. I visited the site on April 16' and talked briefly with Mr. Stander. The major issue he raised with me was an increase in flow due to the recent paving project. I told Mr. Stander that I would review the area drainage. In that review it is my opinion that the drainage ravines that are the present concern are the historical outflow path for area drainage and that any increase inunoff due to the original development or to the recent street project has been an incremental increase and not the root cause of the problem. The ravines need to be stabilized to make Lot 18 developable. That stabilization is necessary due to the ravines being the natural runoff route for surface water. Once the ravines are stabilized, they will convey natural runoff plus any incremental runoff resulting from area development. • For background, the! plat of Island View was recorded in 1973. Lot 18 was configured to consist, of property between two very deep and significant ravines. There is very little flat space on the property. There are very steep slopes, some of which are essentially vertical. My first impression upon visiting the site is that there are significant natural site restrictions to usage of this site and that it is not suprising that this lot has not been developed for 25 years. It is a very difficult site, not necessarily buildable simply because it is platted. The City does not guarantee the buildability of any lot. The City has been cautious in the Island View area to require special measures, including drainage control, prior to issuing a building permit. The City required special submittals for on site disposal (by S -P Testing Inc.) and for drainage and erosion control (by John Oliver & Associates). Once lk the applicant submitted data on drainage and erosion control, the City issued a building permit contingent on the applicant completing that Engineers ! Landscape Architects Surveyors �:,Pc . . l � P- 3: Page 2 Elaine Beatty, Clerk April 22, 1998 Ik.:. , P. 21i` control with that cormpletion guaranteed by a letter of credit. Without agreement for drainage and erosion control, the parcel would have been deemed unbuildable. The applicant sent a Fetter dated August 14, 1996 to the City. It is clear from the Fetter that the applicant was aware of the on site erosion problems and aware of the solution required !by the City as a condition of lot developability. In the letter, the applicant did not .agree with his total responsibility but, prior to the approval he did concur with the Irequired work by providing the letter of credit necessary to assure construction. The applicant has raised several questions regarding the drainage to the ravine. In reviewing the drainage patterns, this ravine has always served as the outlet for area runoff. The natural runoff that existed prior to any development created the ravine. The ravine would have shown periodic erosion and soil slides even in its natural state. When development first occurred 25 years ago, some natural runoff patterns were changed. I don't see where the area that is tributary to the ravine has changed significa`,ntly. The runoff rate may have increased. The recent street improvement project paved the roads, increasing impervious area and likely resulted in another incremental increase in runoff. The problem however, is not with any incremental increase in runoff but with the basic existence of the ravine and most specifically the intention to build near the erodible bluff line. The issue comes back to the fact that this property contains the natural drainage path for surface runoff which runoff has been occurring forever. In order to use this lot as a building site, it is necessary to contain the flow and to prevent future erosion. The control is a condition of building permit approval and must be implemented by the applicant or, if necessary, by use of the Letter of credit. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. i J A. Harwood, PE:, clk C:\Share\WPmun11LAOTSEGO\213` \ot2131.eb1.doc Hakanson Anderson Assoc., Inc. I c.ITN" OF OTSEGO 12F.W F. -ST FOR �G'i::.ND.1 S E C' F iO�. DEPART?NENT: L=STING DATE: -._ 7- - ITEM NUMBER: !J ITEM DESCRIPTION: PREPARED BY: EB , CC 4.B. John Stander. 9397 Kaiser Avenue NE, Otsego, Litt. Lot 13, Block I, [sland View Estates. Di cuision of issues of drsina,'e ditch, erosion of same (see attached inforrna- tion). BACKGROUND: Mr. John Stander and'Ihis wife Isobel bought Lot 18, Block 1, in Island View Estates at 9897, Kacd$er Avenue. As requested by the Council for all remaining IslandlView Lots, the Engineer had reviewed this lot earlier and deter=,ined that the drainage needed to be addressed for this lot in order to�'allow a residential building. The revine is quite deep and eroding. Attached is a letter from John and Isobel Stander and other documents for you to review. John has requested to be on the Agenda to discuss this issue with the Council He has built a house and has $10,000.00 in escrow to insure drainage is resolved. He does have some issues as to if this should all be his burden and will discuss same. John Harwood will be here to address this also. John Stander has been working with Building Official Jerry Olson on this project. RECOMMENDATION: Tn- cz to. rc nc'sccsss_:n arl:j arc( d=- _s_on City Council Meeting of April 27, 1998, cont'd. Page 2. 4-A- G; Grn�n r rndate of Nlr. Groen went over the attached City Investments, Cash Flow, Cash Summary. Revenue Fund Budget and Disbursement Fund Budget. He informed the Council there will be training done in May for the new accounting software. info r nation)- Mr. a ion) Mr. Stander 9897 Kaiser Avenue N -E. Mr. Stander built a house at this address in 1997. He was required to escrow $10,000 for erosion control measure on the ravines on either side of the house. He feels it unfair that he is required to take dare of the total costs of erosion control in both ravines since he feels erosion is also caused by other entities including the City roads. Mr. Stander also stated some of erosion; control required of him is located on another person's property. He asked why this erosion control in these two ravines wasn't assessed for at the time of the road improvement project. His engineering firm, John Oliver and Assoc., suggested the pipe in the one ravine should continue to the river. After discussion, the Council asked for the City Engineer and City Administrator to meet with Mr. Stander and review this project. Mr. Field explained he 'needs approval of plans so he can submit them to the PCA for review and authorization for bids for the project. CM Heidner motioned to set a Special City Council Meeting on Monday, May 4, 1998 at 6:30 PM to reyiew Wastewater Treatment Plans and Specifications. Seconded by CM Ackerman. All in favor. Motion carried. CM Berning motioned'to approve the Consent Agenda. Seconded by CM Heidner. All in favor. Motion carried. Dan Licht reviewed the 'proposed ordinance. CM Wendel motioned to adopt Ordinance No. 98-4 An Ordinance Establishing Manufactured Home Parks As Conditional Uses in the City's R-5, R-6 and R-7 Zoning Districts. Seconded by CM Heidner. Voting For the Motion: Mayor Fournier, CM Heidner, CM Wendel, CM Berning Voting Against the Motion: CM Ackerman. Motion carried four (41 to one (1). LEONARD, STREET AND DEINARD PROFESSIONAL ASSOCIATION August 27, 1998 Andrew MacArthur, Esq. Corey & MacArthur 705 Central Avenue St. Michael, Minnesota 55` 76 Re: John and Isobel Stander; Our File 50456-1 1 Dear Mr. MacArthur: !#JCS 2 8 - Hugh M. Maynard 612-335-1562 hmml562@leonard.com I understand that you are the City Attorney for the City of Otsego. We represent Mr. & Mrs. John Stander who live at 9897 Kaiser Avenue, Otsego, which is legally described as Lot 18, Block 1, Island View Estates, Wright County, Minnesota. They have asked us to assist them in their pending discussions with the City about the proposed municipal storm sewer to be built along their east boundary. Mr. & Mrs. Stander acknowledge that a storm sewer in that location is necessary; and the plans by John Oliver & Associates revised 9/13/96 seem satisfactory. However, it is grossly unfair for the City to expect Mr. & Mrs. Stander to pay the entire cost of the project -- estimated at about $10,000 -- when the storm sewer will serve all many parcels owned by other people. The storm sewer was not made necessary by the construction of the Stander house in 1997, but by the City's 1996 paving and drainage project in the neighborhood. This storm sewer should have been installed as part of the 1996 project and the cost of this storm sewer should have been included in the corresponding special assessments levied among all the benefited parcels in the neighborhood -- including Mr. & Mrs. Stander's parcel. I would like to meet with you and the City Engineer at your earliest convenience at Otsego City Hall to discuss this matter.; In order for me to understand the situation better, would you please provide me copies of (1) all the civil engineering plans for the 1996 project in the neighborhood; (2) the City Council resolution adopting the special assessment roll; (3) the special assessment roll itself, (4) the minutes of the April 27, 1998 City Council meeting; and (5) the tape recording of that meeting, if any. I can pick these up when we meet at City Hall. 150 SOUTH FIFTH STREET SUITE 2300 MINNEAPOLIS, MINNESOTA S5402 TEL 612-335-15oo FAx 612-335-1657 LAW OFFICES IN MINNEAPOLIS, SAINT PAUL AND MANKATO August 27, 1998 Page 2 I look forward to your cooperation in resolving this matter. Very truly yours, LEONARD, STREET AND DEINARD Hugh Maynard, Esq. Real Property Law Specialist Certified by the Minnesota�State Bar Association cc: John & Isobel Stander Stephen R. Pflaum Michael C. Court- Andrefv J. MacArthur Marcus W. Miller "I L. ticvu d in utin— September 4, 1998 Mr. Hugh M. Maynard 'I (:OURI & MACARTHUR Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376-0369 (612) 497-1930 (612) 497-2599 (FAX) couriandmacarthur®pobox. com Attorney at Law Leonard, Street and De h' hard 150 South Fifth Street, Suite 2300 Minneapolis, MN 55402 RE: John and Isobel Stander Dear Mr. Maynard: I received your correspondence dated August 27, 1998 and have reviewed the City's file in this matter. I recall Mr. Stander appearing in front of the Otsego City Council to discuss his issues. While it is your client's assertion that any drainage improvements should have been included within the 1996 street overlay project, the City still maintains the position that the drainage improvements are necessary for your client's lot to be considered a buildable parcel. Your client's house is very close to the edge of a steep ravine that contains flowage to the Mississippi River. This is a natural area that has existed for hundreds of years. The City Engineer indicated that as a part of the 1996 project that the ditches in the area were deepened and that a culvert was placed at the point where water discharges into the ravine. The combination of the culvert and ditching have resulted in no additional flowage which would create erosion beyond what occurred prior to the project. 1 The original plat of Island View Estates was approved by Wright County, prior to Otsego being incorporated as alCity. Even prior to incorporation, the Town Board of Supervisors had concerns about the buildability of some of the lots within the plat. As a result of these concerns, the Town Board directed the City Engineer to review all parcels regarding drainage and other issues prior to any building permit being issued. This policy has been consistently followed by the City. { Letter to Attorney Maynard September 4, 1998 Page 2 In 1995 the original drainage plan was presented to the City by the previous property owner. A revised version of the plan was approved in 1996. Notice of the requirements for building on the lot was sent to the previous owner. (See enclosed). I have been informed that prior to your client's beginning construction on his residence the builder, Ziegler Construction, acting on his behalf, contacted the City and was informed of the drainage conditions necessary to construct on the property. These conditions were then conveyed to your client, who proceeded with construction with full knowledge of what would be required. Your client has previously provided the City with a letter indicating that a line of credit has been established to build the needed drainage improvements. Your client thus obviously not only hadmotice of the drainage requirements prior to construction of his residence, but gave assurance to the City that he would comply with these conditions. Apparently, no objection to these conditions was made until after actual construction of the residence. The City would be willing to meet with you and your clients to discuss this matter further. We will also pi' vide you with all the documents requested if you still feel you need them after reviewing this correspondence. In my conversations with the City Engineer he has indicated that he would be willing to consider alternative methods of dealing with the drainage problems. Please contact me at your earliest convenience regarding a meeting, or if you have any questions. Very ours, 1 rew J Arth COURT CARTHUR Encls. Pc: City of Otsego Larry Koshak, City rigineer r Michael C. Couri- Andrew J. MacArthur Marcus W. Miller I •ALo Ucaued in !(6noir September 16, 1998 COURI & MACARTHUR Auorne)w at Law - 705 Central Avenue East PO Bas 369 St. Michael, MN55376-0369 (612) 497-1930 (612) 497-2599 (FAX) cowiandmacwihurQpoboz caom Mr. Hugh N. Maynard, Attorney at Law Leonard, Street & Deinard, P.A. 150 South Sixth Street Suite 2300 Minneapolis, MN 55402 RE: City of Otsego- John and Isobel Stander Dear Mr. Maynard: r' Enclosed, as per your request, please find the following: I 1. Otsego City Council:'Resolution adopting the special assessment roll and the assessment roll for the 1996 Island View overlay project. 2. Minutes of April 27, 1998 Otsego City Council meeting. I understand that the City Engineer has forwarded to you under separate cover a copy of the Engineering Plans and Specifications for the improvement. I assume that he will bill you directly for a copy of this report. The City will send you directly a copy of the tape of that portion of the April 27, 1998 City Council meeting with an invoice. The Building Inspector .has indicated that a building permit was issued to the Stander's on June 30, 1997. Please let me know how you wish to further proceed in this matter. Any request for a meeting with the City should be made to the City Administrator. Letter to Attorney Maynard September 16, 1998 Page 2 Veryw*-Yours, drew ac CO MACART'HUR Encls. Pc: Mike Robertson,Otsego City Administrator Larry Koshak, Hakanson Anderson City of Otsego General Fund Expenditures Budget Streets & Roads Service Activity Number 43100 Other Services and Charges 225 Uniforms 4,389 4,634 4,500 Thru Proposed 204 Insurance/W.Comp. 2002 2003 2004 June 30, 2004 Code Item Actual Actual Budget 2003 Budget 310 Miscellaneous Personal Services 3,838 5,000 2,602 5,000 320 101 Salaries & Wages:' $ 141,095 $ 140,376 $ 131,060 $ 82,363 $ - 102 Overtime 7,355 8,154 7,500 - 7,500 Education/training/conf. Part-time 13,100 15,218 15,000 - 15,000 121 PERA 7,531 7,678 8,492 4,016 - 122 FICA & Medicare 11,819 11,972 11,747 6,336 - 123 Health & Dental 17,887 18,126 27,000 13,500 - 130 Disability 1,250 1,303 1,000 805 - 140 Unemployment - - - - - Total Personal Services 200,037 202,827 201,799 107,020 22,500 Supplies 202 Gas, oil & propane 15,394 18,967 25,000 8,628 24,000 203 General supplies 3,851 6,680 5,000 3,757 7,000 210 Operating supplies 924 3,673 1,000 252 1,000 220 R & M supplies 40,789 37,922 42,000 14,664 44,000 392 Culverts 397 320 5,000 - - 393 Street signs 9,913 5,723 5,000 1,254 5,000 Total Supplies 71,268 73,285 83,000 28,555 81,000 Other Services and Charges 225 Uniforms 4,389 4,634 4,500 1,674 4,500 204 Insurance/W.Comp. 7,132 13,890 7,300 - - 240 Small tools 18,442 623 1,500 517 1,750 310 Miscellaneous 6,296 3,838 5,000 2,602 5,000 320 Telephone/Comm 1,456 1,407 1,500 890 1,750 322 Utilities 3,155 3,908 5,000 3,182 6,000 360 Education/training/conf. 560 750 1,000 750 1,000 370 Sand & gravel - 12,049 1,000 915 2,000 373 Salt & sand 43,292 43,289 45,000 38,845 50,000 394 Rock 1,155 292 1,500 - 1,500 Total Other Services and Charges 85,877 84,680 73,300 49,375 73,500 i ,I -20- 8/4/2004 "* The debt service contribution for the 1999 overlay has been adjusted to reflect transfers and prepaid special assessments since 1999. The City's share of the 1999 Overlay is estimated at $55,000 annually. The $55,000 is financed by a'special levy as authorized by current tax law. The $55,000 tax levy is reported as revenue on the Revenue Summary on page 3. A new five year lease for the plow truck started in 2000 and will be paid from a special tax levy. The special tax levy is included in the revenue summary on page 3. i� .I i I i -21- 8/4/2004 City of Otsego General Fund Expenditures Budget Streets & Roads Service Activity Number 43100 Proposed Thru Proposed 2002 2003 2004 June 30, 2005 Code Item Actual Actual Budget 2004 Budget Contractual Charges 302 Engineering 6,771 - - 3,217 - 390 Contracted services 205 3,381 - - - 400 R & M - Equipments 17,915 1,318 - 22,103 20,000 403 R & M - Other Than Bldg - - - - - 410 Rentals ; 2,847 242 - 379 - 430 Misc. Other Charges - - - - - 431 Bituminous overlay, - - - - - 431 Gravel contracting - - - - - 432 Sealcoating 39,293 46,877 73,000 - - 433 Crackfilling ii 85 - 9,000 735 - 436 Dust coating 1 41,170 - - - - 1999 Overlay Projects 123,000 70,000 55,000 - 55,000 (For Debt Service) - - - - - 434 Blacktop patch 6,378 1,107 - 1,008 1,000 435 Street sweeping 5,208 6,360 - 7,232 8,000 Total Contractual Charges & SeI rvices 242,872 129,285 137,000 34,674 84,000 Capital Outlay 501 Equipment - Lease/CI payment 3,891 56,763 55,000 - 29,188 530 Improv. other thantldgs - - - - - Total Capital Outlay i 3,891 56,763 55,000 - 29,188 Total Service Activity $ 603,945 $ 546,840 $ 550,099 $ 219,624 $ 290,188 "* The debt service contribution for the 1999 overlay has been adjusted to reflect transfers and prepaid special assessments since 1999. The City's share of the 1999 Overlay is estimated at $55,000 annually. The $55,000 is financed by a'special levy as authorized by current tax law. The $55,000 tax levy is reported as revenue on the Revenue Summary on page 3. A new five year lease for the plow truck started in 2000 and will be paid from a special tax levy. The special tax levy is included in the revenue summary on page 3. i� .I i I i -21- 8/4/2004 i City of Otsego Building Inspection Special Revenue Fund 2004 Proposed Budget JThru Proposed 2003 2004 30 -Jun 2005 Actual Budget 2004 Budget Building Inspection Revenues Building Permits Plan Check Fees Mechanical Permits Plumbing Permits Septic Permits Total Revenues it Inspection Department Expenditures Salaries Fica/Medicare PERA Health Insurance Disability j Total Personal Services Office Supplies Continuing education Dues & memberships Software Telephone Printing Office Space/Rent Mileage (Based on 45,000 miles per year) Professional Services Inspections .1 Engineering Planner $ 539,772 $ 251,290 $ 261,465 $ - - 60,000 - - 125 7,500 27,813 - 140 7,500 27,278 - 9,350 7,000 2,550 - 549,387 333,290 319,106 - 77,830 147,480 61,086 - 6,759 11,282 4,432 - 2,249 8,156 3,335 - 14,850 27,000 15,654 - 475 100 340 - 102,163 193,918 84,847 - 4,224 5,000 2,206 - 1,511 1,220 623 - 100 422,092 239,738 250 - 40,000 450 - - 4,563 5,000 2,186 - 1,330 3,500 651 - 7,675 9,000 - - 1,249 16,650 3,812 - 134,580 - 2,048 - 65,783 1,000 5,809 - 10,051 2,000 - - Legal - 2,000 536 - Computer - - 6,833 Code enforcement - - 6,329 15,000 Miscellaneous 100 - Office Equipment 49,227 3,168 - Building improvements .39,536 1,039 25,000 Total Expenditures 422,092 239,738 120,337 40,000 Net Revenue (Expenditure) $ 127,295 $ 93,552 $ 198,770 $(40,000) lote: This is accounted for in a separate Special Revenue Fund and only the net revenue is recorded as a revenue of the General Fund I i 'r City of Otsego General Fund Revenue Budget Revenue Summary Thru Proposed 2002 2003 2004 June 30, 2005 Source Description Actual Actual Budget 2004 Budget 31010 Property Taxes ;, $ 1,032,860 $ 1,161,351 $ 1,303,335 $ 63,702 $ - 32100 Business Licenses 12,935 11,820 15,000 9,290 15,000 32210 Dog Licenses 165 155 100 270 250 32250 Sign Permits - 1,547 - 440 - 32260 Building Permits 100,000 75,000 82,227 - 75,000 32270 Septic Permits 7,000 - 7,000 - - 32280 Wetland Review - - - - - 32290 Weight Permits 10 - - - - State Grants & Aids - - - 33401 Local Government Aid ;� 56,649 1,170 1,170 - 123,264 33402 Homestead Credit 151,396 168,561 - - - 33404 Recycling Grant - 1,977 - - - 33405 Police Aid 11 12,265 19,176 12,000 - 14,000 33406 MSA Maintenance 84,411 83,916 95,000 52,644 10,000 33404 Other State Aid 1,872 1,872 - - - 34050 Administrative fees - - 25,000 - 30,000 Administrative fees-Finari'ce 15,000 15,000 34100 CUPNariance 4,922 - 9,000 - 10,000 34102 Subdivision 23,512 80,240 5,000 66,647 10,000 34103 Zone/Ordinance 200 9,060 1,500 - 2,500 34104 Interim Use Permit a - - - 34107 Assessment searches 4,810 5,645 5,000 1,270 5,000 34130 Streets 5,194 2,014 7,000 3,272 7,000 34105 Maps/copies 1,260 4,199 3,500 851 3,000 34150 Topo Sales 11,455 17,132 10,000 5,802 10,000 34230 Streeght Light Fees - Dev - 18,420 - 14,880 20,000 34201 Mining Fees 1,048 18,616 12,000 - 12,000 34710 Recreation Fees 1,648 - - - - 35101 Fines & Forfeits 25 - - - 36100 Special Assessments - 2,108 - - - 36210 Interest Earnings 1 23,083 31,997 40,000 21,221 40,000 36230 Donations 810 350 - 160 - 38000 Old Hall/House Rent 9,860 9,927 6,500 8,050 - 38050 Franchise Fees 12,463 19,196 15,000 - 17,500 39000 Other/River Rider Reimb, 3,174 1,533 - 142 - 34408 Clean Up Day 6,483 11,010 6,000 - - 39400 Refunds & Reimbursemei 4,744 1,622 - 1,832 - 39500 City Hall Rent 961 - - - - Total Revenue $1,575,215 $1,759,614 $ 1,676,332 $ 250,473 $ 419,514 Special Tax Levies I 1999 Street Improvements - - 55,000 55,000 1999 Capital Equipment - - 26,000 29,188 Park activities from special fund 9,503 - - - $1,584,718 $1,759,614 $ 1,757,332 $ 250,473 $ 503,702 -3- 8/4/2004 CITY COUNCIL SPECIAL MEETING 7 PM, AUGUST 41 2004 Mayor Fournier has called for Special City Council Meeting to consider approval of Payment No. 8 to Rice Lake Construction Group for $701,107.00 for the West Wastewater Treatment Plant. This item was inadvertently not on the July 26, 2004 City Council Meeting. r This special City Council Meeting will be held just prior to the City Council Budget Workshop Meeting. Judy Hudson City Clerk Bonestroo Rosene Anderlik & Assodates Engineers & Architects C( Via- FOR Y0URF'-7—,,, re: 3wner: City of OtsegN899 Nashua Ave. NE, Otsego, MN 55330 Date: July 8, 2004 :or Period: 6/12/2004 to 7/8/2004 Request No: 8 '.ontractor. Rice Lake`Construction Group, 22360 County Road 12, Deerwood, MN 56444 CONTRACTOR'S REQUEST FOR PAYMENT OTSEGO WASTEWATER TREATMENT FACILITY BRA FILE NO. 503-02-107 SUMMARY 1 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned I 8 Less Retainage 5% 9 Subtotal H 10 Less Amount Paid Previously i 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. I Recommended for Approval by BONESTRO , RO E, ANDERLIK & ASSOCIATES, INC. 4 Approved by Contractor: !j RICE LAKE CONSTRUCTION ,GROUP Specified Contract Completion Date: October 29, 2004 it 50302107RE08.xls 8 $ 125,738.00 $ 0.00 $ 6,384,000.00 $ 6,509,738.00 $ 4,574,305.00 $ 0.00 $ 4,574,305.00 $ 228,715.25 $ 4,345,589.75 $ 3,679,539.05 $ 0.00 $ 666,050.70 Approved by Owner: CITY OF OTSEGO �2 12�tkk�-j -A � -D'001A REQUEST FOR PAYMENT 'ROJECT: WASTEWATER TREATMENT FACILITY OTSEGO, MN RLCG PROJECT NO. 03-16 BRA FILE NO. 503-02-107 DATE: June 24, 2004 REQUEST FOR PAYMENT NO.: 8 FOR PERIOD: 5/30/04 thru 6/26/04 CONTRACTOR: RICE LAKE CONSTRUCTION ,ROUP, P.O. BOX 517, DEERWOOD, MN 56444 SUMMARY: ORIGINAL CONTRACT AMOUNT " CHANGE ORDER - Addition CHANGE ORDER - Deduction REVISED CONTRACT AMOUNT VALUE COMPLETED TO DATE 'REVIOUS PAYMENTS AMOUNT DUE THIS REQUEST FOR PAYMENTi ESCROW ACCOUNT: PREVIOUS AMOUNT IN ESCROW 193,659.00 TRANSFER TO ESCROW ACCOUNT 35,056.00 TOTAL AMOUNT IN ESCROW ACOUNT 228,715.00 Submitted: Rice Lake Construction Group i I Recommended: Bonestroo, Rosene, Anderlik & Assoc. i I Leonard Stephan L. Alm, P.E. 125,738.00 0.00 6,384,000.00 6,509,738.00 4,574,305.00 3,873,199.00 701,106.00 6/25/04 Date Date .Approved: City of Otsego Date REQUEST FOR PAYMENT DATE: June 24, 2004 REQUEST FOR PAYMENT NO.: 8 WASTEWATER TREATMENT FACILITY OTSEGO, MN RLCG PROJECT NO. 03-16 BRA FILE NO. 503-02-107 ITEM # DESCRIPTION I, ---CONTRACT AMOUNT-- OTY U/M UNIT TOTAL RICE LAKE CONSTRUCTION GROUP P.O. BOX 517, 22360 COUNTY ROAD 12 DEERWOOD, MN 56444 -ESTIMATE AMOUNT - QUANTITY QUANTITY QUANTITY PREY. THIS EST. TO DATE AMOUNT TO DATE 1010 MOBILIZATION 1 LS 244,800.00 244,800.00 1.00 1.00 244,800.00 1020 PERFORMANCE BOND 1 LS 72,270.00 72,270.00 1.00 1.00 72,270.00 1030 PROJECT INSURANCE 1 LS 9,230.00 9,230.00 1.00 1.00 9,230.00 1080 DEMOBILIZATION 1 LS 5,800.00 5,800.00 0.00 0.00 - 2200 EARTHWORK A Lump Sum 1 LS 487,000.00 487,000.00 0.89 0.06 0.95 462,650.00 B Remove Unsuitable Materials 1,000 CY 6.00 6,000.00 0.00 0.00 - c Install Granular Materials .1,000 CY 14.00 14,000.00 0.00 0.00 - 2320 SITE PIPE A Pipe Materials 1 LS 198,870.00 198,870.00 1.00 1.00 198,870.00 B Precast Manholes 1 LS 24,360.00 24,360.00 1.00 1.00 24,360.00 c Castings 1 LS 1,330.00 1,330.00 1.00 1.00 1,330.00 D Installation 1 LS 242,350.00 242,350.00 0.75 0.11 0.86 208,421.00 2630 STORM DRAINAGE A Pipe Materials 1 LS 8,060.00 8,060.00 1.00 1.00 8,060.00 B Installation 1 LS 5,600.00 5,600.00 0.00 0.00 - 2635 DRAIN TILE A Pipe Materials 1 LS 14,630.00 14,630.00 1.00 1.00 14,630.00 B Installation 1 LS 16,600.00 16,600.00 0.90 0.10 1.00 16,600.00 2820 RETAINING WALLS 1 LS 8,000.00 8,000.00 0.00 0.00 - 2830 FENCE & GATES 1 LS 25,990.00 25,990.00 0.00 0.00 2920 SEEDING & SODDING 1 LS 28,750.00 28,750.00 0.00 0.00 2930 LANDSCAPING 1� LS 20,480.00 20,480.00 0.00 0.00 - 3200 REINFORCING STEEL A Materials 325 TON 504.00 163,800.00 314.00 11.00 325.00 163,800.00 B Installation 325 TON 430.00 139,750.00 286.00 29.00 315.00 135,450.00 3300 CONCRETE WORK A Pretreatment Building 469 CY 484.00 226,996.00 336.00 72.00 408.00 197,472.00 e Anaerobic Basin 1 200 CY 484.00 96,800.00 200.00 200.00 96,800.00 c Oxidation Ditch 516 CY 484.00 249,744.00 444.00 68.00 512.00 247,808.00 D Clarifier No. 1 230 CY 484.00 111,320.00 230.00 230.00 111,320.00 E Clarifier No. 2 230 CY 484.00 111,320.00 230.00 230.00 111,320.00 F Final Clarifier Splitter Box 11 CY 484.00 5,324.00 11.00 11.00 5,324.00 c Sludge Thickening Building 522 CY 484.00 252,648.00 510.00 9.00 519.00 251,196.00 H Aerobic Digesters 152 CY 484.00 73,568.00 152.00 152.00 73,568.00 i Sludge Storage Tank 610 CY 484.00 295,240.00 610.00 610.00 295,240.00 .i U. V. Building 186 CY 484.00 90,024.00 186.00 186.00 90,024.00 K Control Building 112 CY 484.00 54,208.00 0.00 76.00 76.00 36,784.00 L Misc. Concrete 42 CY 484.00 20,328.00 16.00 12.00 28.00 13,552.00 3400 PRECAST CONCRETE 1 LS 36,800.00 36,800.00 0.48 0.48 17,664.00 4200 MASONRY A Materials 1 LS 31,860.00 31,860.00 0.50 0.50 15,930.00 B Installation 1 LS 51,030.00 51,030.00 0.20 0.08 0.28 14,288.00 5500 MISC. METALS A Materials 1 LS 123,000.00 123,000.00 0.71 0.14 0.85 104,550.00 e Installation 1 LS 33,550.00 33,550.00 0.18 0.18 6,039.00 6100 ROUGH CARPENTRY A Pretreatment Building 1 LS 18,670.00 18,670.00 0.00 0.00 - B Sludge Thickening Building 1 LS 20,870.00 20,870.00 0.00 0.90 0.90 18,783.00 c U. V. Building 1 LS 12,510.00 12,510.00 0.00 1.00 1.00 12,510.00 D Control Building 1 LS 17,220.00 17,220.00 0.00 0.00 - 6110 PLYWOOD ROOF MATERIALS A Pretreatment Building 1 LS 5,790.00 5,790.00 0.00 0.00 B Sludge Thickening Building i 1 LS 12,310.00 12,310.00 0.00 1.00 1.00 12,310.00 c U. V. Building 1 LS 5,430.00 5,430.00 0.00 1.00 1.00 5,430.00 o Control Building 1 LS 12,670.00 12,670.00 0.00 0.00 - 6190 A WOOD TRUSSES Pretreatment Building 1 LS 6,930.00 6,930.00 0.00 0.00 B Sludge Thickening Building 1 LS 14,720.00 14,720.00 0.00 1.00 1.00 14,720.00 c U. V. Building 1 LS 6,490.00 6,490.00 0.00 1.00 1.00 6,490.00 o Control Building 1 LS 15,160.00 15,160.00 0.00 0.00 6630 FRP COVERS 1 LS 69,400.00 69,400.00 1.00 1.00 69,400.00 A Materials Installation 1 LS 14,240.00 14,240.00 0.33 0.33 4,699.00 7110 B WATERPROOFING 1 LS 6,750.00 6,750.00 0.45 0.55 1.00 6,750.00 7200 RIGID INSULATION Pretreatment Building 1 LS 1,170.00 1,170.00 0.00 0.00 A B Sludge Thickening Building 1 LS 1,560.00 1,560.00 0.00 1.00 1.00 1,560.00 c U. V. Building 1 LS 1,170.00 1,170.00 0.00 1.00 1.00 1,170.00 D Control Building 1 LS 1,710.00 1,710.00 0.00 0.00 - 7212 BATT INSULATION Pretreatment Building 1 LS 1,920.00 1,920.00 0.00 0.00 - A B Sludge Thickening Building 1 LS 3,590.00 3,590.00 0.00 0.00 c U. V. Building 1 LS 1,940.00 1,940.00 0.00 0.00 - o Control Building 1 LS 3,460.00 3,460.00 0.00 0.00 - 7310 A SHINGLES Pretreatment Building 1 LS 3,420.00 3,420.00 0.00 0.00 - B Sludge Thickening Building 1 LS 7,280.00 7,280.00 0.00 0.00 - c U. V. Building 1 LS 3,210.00 3,210.00 0.00 0.00 - o Control Building 1 LS 7,490.00 7,490.00 0.00 0.00 - 7460 METAL SIDING Pretreatment Building 1 LS 37,850.00 37,850.00 0.00 0.56 0.56 21,196:00 A B Sludge Thickening Building 1 LS 22,200.00 22,200.00 0.00 0.56 0.56 12,432.00 c U. V. Building 1 LS 24,610.00 24,610.00 0.00 0.56 0.56 13,781.00 o Control Building 1 LS 22,640.00 22,640.00 0.00 0.56 0.56 12,678.00 7920 CAULKING 1 LS 7,950.00 7,950.00 0.00 0.00 - 8110 H.M.& FRP DOORS Materials 14 EA 2,370.00 33,180.00 0.00 14.00 14.00 33,180.00 A B Installation 14 EA 225.00 3,150.00 0.00 0.00 8330 OVERHEAD DOORS 2 EA 3,900.00 7,800.00 0.00 0.00 8500 ALUMINUM ENTRANCES ;i 1 LS 23,660.00 23,660.00 0.00 0.00 9510 ACOUSTICAL CEILING 1 LS 6,140.00 6,140.00 0.00 0.00 9800 PAINTING 1 LS 96,400.00 96,400.00 0.00 0.14 0.14 13,496.00 10165 TOILET COMPARTMENTS 1 LS 470.00 470.00 1.00 1.00 470.00 A s Materials Installation 1 LS 280.00 280.00 0.00 0.00 10200 A LOUVERS Materials 19 EA 100.00 1,900.00 0.00 0.00 B Installation 19 EA 120.00 2,280.00 0.00 0.00 10400 PLASTIC SIGNS 1 LS 2,380.00 2,380.00 0.00 0.00 A B Materials Installation 1 LS 470.00 470.00 0.00 0.00 10500 LOCKERS Materials 1 LS 2,800.00 2,800.00 0.17 0.17 476.00 A s Installation 1 LS 350.00 350.00 0.00 0:00 - 10520 FIRE EXTINGUISHERS 0.00 A Materials 11 EA 70,00 770.00 0.00 B Installation 11 EA 20.00 220.00 0.00 0.00 10650 DECORATIVE FENCE 1 LS 11,800.00 11,800.00 0.00 0.00 10800 TOILET ACCESSORIES A Materials 1 LS 660.00 660.00 0.00 0.00 B Installation I 1 LS 180.00 180.00 0.00 0.00 - 11117 VORTEX GRIT PUMP 1 1 EA 8,230.00 8,230.00 1.00 1.00 8,230.00 11205 SCREW CONVEYOR & ROTARY DRUM A Materials 1 LS 46,200.00 46,200.00 1.00 1.00 46,200.00 B Conveyor -Installation 1 LS 2,550.00 2,550.00 0.00 0.00 - c Rotary Drum - Installation 1 LS 1,700.00 1,700.00 0.00 0.00 11240 CHEMICAL FEED EQUIPMENT 1 LS 29,600.00 29,600.00 0.00 0:00 - 11262 U. V. EQUIPMENT 1 LS 76,680.00 76,680.00 0:22 0.16 0.38 29,138.00 A B Materials Installation 1 LS 1,200.00 1,200.00 0.00 0.00 - 11304 CLARIFIERS & GRIT EQUIPMENT 1.00 1.00 83,630.00 A Materials 1 LS 83,630.00 83,630.00 B Clarifiers - Installation 2 EA 6,430.00 12,860.00 0.25 0.25 1,607.00 c Grit Equipment - Installation 1 LS 1,990.00 1,990.00 0.00 0.00 - 11306 SUB. SEWAGE PUMPS j 3 EA 19,160.00 57,480.00 0.00 0.00 11312 PROGRESSIVE CAVITY PUMP 1 EA 35,000.00 35,000.00 1.00 1.00 35,000.00 11328 VORTEX GRIT CHAMBER 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 3 EA 1 LS 2 EA 2 EA 1 LS 3 EA 3 EA 1 LS 1 LS 1 LS 1 LS 1 LS 3 EA 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS i 1 LS 1 LS 1 LS 1 1 LS 1 LS 1 LS 17,660.00 A Materials 1.00 s Installation 11348 SAMPLERS 1,200.00 A Materials 0.00 B Installation 11361 GBT & POLYMER EQUIPMENT 7,920.00 A Materials 0.00 s Installation 11377 P. D. BLOWERS 11378 COARSE BUBBLE DIFFUSERS 11381 CARROUSELAERATORS 0.00 A Materials 107,530.00 B Installation 11383 VORTEX MIXING SYSTEM 11386 SUB. TANK MIXERS 5,090.00 A Materials 0.15 B Installation 11600 LABORATORY EQUIPMENT 11691 ODOR CONTROL SYSTEM 12505 BLINDS 12600 LABORATORY FURNITURE 12620 FURNITURE 13301 MAG METERS 15000 MECHANICAL 46,860.00 A Mobilization 0.00 B Sluice Gates 2.00 Materials 2,120.00 Labor 0.00 c DIP 0.00 Materials 67, 940.00 Labor 0.15 D Hangers 0.90 Materials 9,330.00 Labor 3.00 E Valves - Materials 3.00 F Insulation 450.00 G Underground Pipe 0.00 Materials 0.00 Labor 40,000.00 H Vent Pipe 0.00 Materials 0.00 Labor 39,000.00 i Domestic Water Pipe 1.00 Materials 1.00 Labor 640.00 .i Excavation & Backfill 0.00 K Fixtures 0.00 Materials 31,500.00 Labor 0.00 L CO/FD/RD 0.00 Materials 5,000.00 Labor 0.00 m Water Heater 0.00 Materials 3,660.00 Labor 3.00 N Chemical Piping 3.00 Materials 30,000.00 Labor 1.00 o Gas Pipe 1.00 Materials 35,000.00 Labor 0.95 P Pump & Accessories Installation 1.00 Materials 4,500.00 Labor 0.00 o Controls 0.00 R HVAC 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 3 EA 1 LS 2 EA 2 EA 1 LS 3 EA 3 EA 1 LS 1 LS 1 LS 1 LS 1 LS 3 EA 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS 1 LS i 1 LS 1 LS 1 LS 1 1 LS 1 LS 1 LS 17,660.00 17,660.00 1.00 1.00 17,660.00 1,200.00 1,200.00 0.00 0.00 - 7,920.00 7,920.00 0.00 0.00 300.00 300.00 0.00 0.00 - 107,530.00 107,530.00 1.00 1.00 107,530.00 5,090.00 5,090.00 0.15 0.15 763.00 10,240.00 30,720.00 3.00 3.00 30,720.00 10,700.00 10,700.00 1.00 1.00 10,700.00 46,860.00 93,720.00 0.00 2.00 2.00 93,720.00 2,120.00 4,240.00 0.00 0.00 - 67, 940.00 67, 940.00 0.15 0.75 0.90 61,146.00 9,330.00 27,990.00 3.00 3.00 27,990.00 450.00 1,350.00 0.00 0.00 - 40,000.00 40,000.00 0.00 0.00 - 39,000.00 39,000.00 1.00 1.00 39,000.00 640.00 640.00 0.00 0.00 - 31,500.00 31,500.00 0.00 0.00 5,000.00 5,000.00 0.00 0.00 - 3,660.00 10,980.00 3.00 3.00 10,980.00 30,000.00 30,000.00 1.00 1.00 30,000.00 35,000.00 35,000.00 0.95 0.05 1.00 35,000.00 4,500.00 4,500.00 0.00 0.00 - 145,000.00 145,000.00 0.41 0.28 0.69 100,050.00 126,490.00 126,490.00 0.15 0.14 0.29 36,682.00 10,000.00 10,000.00 0.00 0.36 0.36 3,600.00 1,000.00 1,000.00 0.00 0.12 0.12 120.00 48,000.00 48,000.00 0.51 -0.39 0.90 43,200.00 20,810.00 20,810.00 0.00 0.18 0.18 3,745.00 15,000.00 15,000.00 0.95 0.05 1.00 15,000.00 20,000,00 20,000.00 0.95 0.05 1.00 20,000.00 10,000.00 10,000.00 0.10 0.40 0.50 5,000.00 12,000.00 12,000.00 0.10 0.12 0.22 2,640.00 15,000.00 15,000.00 0.00 0.40 0.40 6,000.00 16,000.00 16,000.00 0.00 0.10 0.10 1,600.00 9,000.00 9,000.00 0.95 0.05 1.00 9,000.00 12,000.00 12,000.00 0.00 0.00 - 1,500.00 1,500.00 0.00 0.00 - 18,500.00 18,500.00 0.66 0.34 1.00 18,500.00 15,000.00 15,000.00 0.66 0.24 0.90 13,500.00 5,000.00 5,000.00 0.00 0.00 - 500.00 500.00 0.00 0.00 5,000.00 5,000.00 0.00 0,00 2,500.00 2,500.00 0.00 0.00 3,500.00 3,500.00 0.00 0.00 4,500.00 4,500.00 0.00 0.00 - 6,500.00 6,500.00 0.05 0.24 0.29 1,885.00 1,500.00 1,500.00 0.00 0.09 0.09 135.00 14,700.00 14,700.00 0.00 0.00 - 159,500.00 159,500.00 0.00 0.12 0.12 19,140.00 16000 ELECTRICAL Mobilization System Integrator Generator Lighting Fixtures Fire Alarm Security Material AL: CHANGE ITEMS Change Order No. 1 A PR 01 B PR 02 1 LS • 10,000.00 10,000.00 1 LS 215,000.00 215,000.00 1 LS 79,000.00 79,000.00 1 LS 19,000.00 19,000.00 1 LS 1,900.00 1,900.00 1 LS 2,000.00 2,000.00 1 LS 51,000.00 51,000.00 1 LS 188,850.00 188,850.00 L 6,384,000.00 1.00 1.00 10,000.00 0.00 0.00 - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - 0.22 0.11 0.33 16,830.00 0.09 0.06 0.15 28,327.00 .i i 1 LS 99,790.00 99,790.00 0.32 1 LS I 25,948.00 25,948.00 0.29. 125,738. TOTAL: 6,509,738.00 0.32 31,932.00 029 7.524.00 4,574,305.00 PROJECT PAYMENT STATUS OWNER CITY OF OTSEGO BRA FILE NO. 503-02-107 CONTRACTOR RICE LAKE CONSTRUCTION GROUP CHANGE ORDERS kil rlaccrintinn Amount 1 5/17/2004 This Change Order provides for additional work on this project. See Change Order. $125,738.00 12,401.50 248,030.00 �I 12/12/2003 01/12/04 419,612.15 3 689,726.99 Total Change Orders $125,738.00 I� PAYMENT SUMMARY ' K11 Tn Pavmant Retainaae Completed 1 12/01/2003 12/11/03 235,628.50 12,401.50 248,030.00 2 12/12/2003 01/12/04 419,612.15 34,486.34 689,726.99 3 01/13/2004 01/24/04 277,917.75 49,113.60 982,272.00 4 01/25/2004 k 02/28/04 482,852.70 74,526.90 1,490,538.00 5 02/29/2004 03/28/04 659,180.30 109,220.60 2,184,412.00 6 03/29/2004 L 05/17/04 909,836.85 157,106.75 3,142,135.00 7 05/18/2004 06/11/04 694,510.80 193,695.95 3,873,235.00 8 06/12/2004 07/08/04 666,050.70 228,715.25 4,574,305.00 Material on Hand Total Payment to Date $4,345,589.75 Original Contract $6,384,000.00 Retainage Pay No. 8 228,715.25 Change Orders $125,738.00 Total Amount Earned $4,574,305.00 Revised Contract $6,509,738.00 50302107REQ8.xls