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08-23-04 CCPART-TIME EMPLOYMENT CONTRACT BETWEEN THE CITY OF OTSEGO, MINNESOTA AND ANDREW B.MERGES,ASSESSOR THIS AGREEMENT is made and entered into this day of , 2004, by and between the City of Otsego, a municipal corporation under the laws of the State of Minnesota (hereinafter "City") and Andrew B. Merges, Real Estate Assessor. (hereinafter "Employee") RECITALS: WHEREAS, the City is in need of property valuation services for ad valorem property tax purposes; and iI WHEREAS, the Employee has previously provided the City with this service for over IL twenty (20) years; and WHEREAS, P Y P EREAS the Em to ee has substantial experience with real property valuation, and is qualified to assist the City as an assessor; and WHEREAS, the City desires to contract with the Employee for the performance of certain employment tasks more fully described herein; and WHEREAS, the Employee's principal place of business is located at the following address: 10110 64th Street Northeast, Albertville, MN 55301; and WHEREAS, the City intends to hire Employee on a part-time basis only, with said employment being reviewed and renewed, or not, annually; and WHEREAS, the Employee declares that he is fully qualified and has all necessary credentials to provide the City with the services set forth herein. NOW, THEREFORE,. in consideration of the mutual promises and covenants herein contained, it is agreed between the parties as follows: 1. Services to be Performed. The City engages the Employee to perform the following described employment tasks and services. Employee is responsible for appraising and valuing each and ev;ry taxable parcel of real property within the City of Otsego. Employee shall personally view a proportion of the taxable parcels within the City consistent with and as required by state.)1law: Employee will keep accurate and complete records of the work performed, including documentation of the basis for all appraisals done. Employee will cooperate and confer with the Wright County Assessor. Employee shall attend any sectional meetings called by the Wright County Assessor. Employee will use generally accepted standards and methods in determining property values within the City of Otsego. In performing these services, Employee will meet all deadlines set by law and all reasonable deadline's, if any, set by either the Wright County Assessor or Auditor or the city. 2. Legal Qualificafion, 'Proof and Continuation Thereof. The Employee represents that he is legally qualified to perform the duties above-described and, further, that he has obtained all necess ;dry licenses, permits or certifications, including a license from the State Board of Assessors;iand�has otherwise fulfilled all legal obligations requisite to providing assessor services and performing assessor functions. Within ten (10) days of executing this Agreement and pnor to .commencing service, the Employee shall provide proof of proper licensure to the City and shall remain legally qualified to perform the duties described in this contract throughout: its term. Failure by Employee to provide such proof or maintain such qualification will result in termination of this Agreement as provided in section ten (10) below. 3. Terms of Payment. The Employee shall be compensated at the rate of $ per taxable parcel actually appraised, $25.00 for each new residence appraised and valued, $25.00 for each new commercial property under $500,000.00 in value appraised and valued and $100.00 for each new commercial property at or over $500,000.00 in value appraised and valued by Employee. It is estimated that there are over 4500 taxable parcels within the City. Payment shaltbe made based upon an estimate of the proportionate number of parcels appraised monthly.; Any adjustment to this estimate, either higher or lower, shall be made once a year on or about September 1. 4. Instrumentalities. The Employee shall provide for his or her own vehicle, and any necessary equipment, tools, materials and supplies, except for nominal office supplies, for the performance ofk the obligations specified herein. The City may provide the Employee with periodic access to a work area within the City offices, including use of a computer and usual furnishings. 5. Training and including training. �s. The City shall pay for any training required by the State, lodging and meals while Employee is attending the required e submitted by Employee as a written claim, to be audited and allowed by the City ii uncil 6. Insurance Coverage. Employee shall be covered under any and all applicable liability insurance coverage, ;including coverage provided through the League of Minnesota Cities Insurance Trust, while performing the duties of assessor as a part-time employee of the City. The City shall pay all premiums and keep such coverage current at all times. 7. Exemption from I'Certain Benefits. The parties agree and the Employee acknowledges that, as a part-time, contract employee, under §1-5.2 of the City's personnel policy Employee is exempt from that personnel policy, including, but not limited to, paid leave, paid vacation and disability benefits and other privileges conferred by the personnel policy, but not provided forilby this Agreement. Any and all benefits received by Employee shall be provided pursuani to this Agreement or as required under applicable state or federal law. 8. Payroll Withholding. The City shall make all necessary withholdings from the monthly payments made to, Employee throughout the term of the Agreement. These include withholdings for stat and federal income tax, social security and PERA. 9. Worker's Compensation. Workers' Compensation insurance has been or will be obtained by the Cityiton account of hiring the Employee. 10. Termination, Employment At -Will. The parties intend that this contract create an at - will employment relationship. Either party may terminate this Agreement at any time for any reason or no reason at all, with or without cause or notice. In any event, this Agreement shall terminate on jIseptember 1, 2005 on its own accord. All provisions related to termination for cause or any additional related privileges, as set forth in the City's personnel policy, are specificdlly not available to the part-time Employee. Upon termination of this Agreement, Employee will furnish copies of all records made in performance of the duties specified in the Agreement to the City, including the basis for and values assigned to each parcel of property appraised and assessed. 11. Option to Extend. Upon written agreement of the parties, the Agreement may be extended to any othe future date mutually acceptable to the parties. 12. Integration, Merger, Modification. This Agreement represents the full and complete understanding of the parties and both parties represent that they are not relying on any prior Agreement of statements, whether oral or written. This Agreement may be modified only if in writing and signed by both parties. 13. Severability. should any term, provision, section or other lesser part of this Agreement be found by a Court of competent jurisdiction to be invalid, then said term, provision, section or lesser part is hereby severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect and shall be binding upon the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written above. !I CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk EMPLOYEE Andrew B. Merges, Assessor CLAIMS LIST CITY COUNCIL MEETING AUGUST 23, 2004 TO: Judy Hudsori, I Attached is the Claims List for the City Council Check Detail Registers. If you have Cla PAYRC ITEM 5-., For more details, please refer to the regarding this service, please let me know. 8/18/04 08-06-2004 $ 113,766.77 08-19-2004 $ 194,13 8.65 $ 19,213.18 i GRAND TOTAL $ 327,118.60 i If you have any questions or if you would like to review this list further, please let me know. ;► Kathy Grover Bookkeeper i CITY OF OTSEGO *Check Summary Register© AUGUST 2004 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid CB & I UnPaid TRAUT WELLS FILTER: None $48,450.00 WEST WATER TOWER $65.316.77 WELL 6 Total Checks $113,766.77 08/06/04 6:47 AM Page 1 CITY OF OTSEGO 08/06/04 6:47 AM Page 1 *Check Summary Register© AUGUST 2004 i Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid CB & I UnPaid TRAUT WELLS FILTER: None $48,450.00 WEST WATER TOWER $65,316.77 WELL 6 Total Checks $113,766.77 CITY OF OTSEGO 08/19/04 1:54 PM Page 1 *Check Summary Register@ AUGUST 2004 Name !I Check Date Check Amt 10100 BANK OF ELK RIVER I UnPaid ADAM'S PEST CONTROL INC $79.88 QTRLY SERVICE UnPaid AIRGAS, INC. I1 $21.73 ACETYLENE/OXYGEN/HAZMAT UnPaid AMERICAN LIBERTY CONSTRUC $49,494.05 LILY POND PARK Unpaid AVENET, LLC $540.00 CITY WEB PAGE UnPaid BOISE CASCADE OFFICE PROD $288.89 OFFICE SUPPLIES UnPaid BOLLER CONSTRUCTION $2,500.00 7895 LANDER LNDSCP UnPaid BONESTROO RQSENE ANDERLI $50,134.84 WEST WWTF UnPaid BRAUN INTERTEC $1,619.30 WEST WWTF UnPaid CENTURY FENCE $5,650.00 FENCE - PRAIRIE PARK UnPaid CROW RIVER FARM E'QUIPMEN $338.45 SUPPLIES UnPaid DNR WATERS i $151.00 WELL 3 RIVERPOINTE UnPaid ECM PUBLISHERS INC $331.26 SUPERVISOR AD MAINT UnPaid ELK RIVER FLORAL $31.63 RUDY - FLOWERS UnPaid ELK RIVER PRINTING & PARTY $116.09 BLNK BUSINESS CARDS UnPaid G & K TEXTILE LEASING SYSTE $526.47 UNIFORMS UnPaid GOPHER STATE ONE -.CALL INC $1,105.00 LOCATE CALLS UnPaid HAWKINS CHEMICAL' $2,224.02 PUMPHOUSE 1 REPAIR UnPaid HOMES PLUS $2,500.00 7985 LANDER LNDSCP UnPaid ICC, INC $100.00 TIM ROCHEL MEMBERSHIP UnPaid ICMA RETIREMENT TRUST $422.31 PPE 8/14 CK DTD 8/18 UnPaid J -CRAFT INC , $70.14 FENDER MOUNTING BRACKET 'JnPaid J.M. SEMLER BUILDING CORP $5,000.00 7845 LAMONT LNDSCP 1Paid JAYLON AND DAWN MENARD $1,000.00 9710 KADLER AVE LNDSCP JnPaid JUDY HUDSON j $80.86 ROUTER/CABLE UnPaid KENNETH SHIERTS $1,319.70 7/26-8/13 83 HRS WORKED UnPaid MENARDS $23.95 SEED FOR PRAIRIE PARK UnPaid MINNESOTA LIFE $202.10 ADMIN - SEPT UnPaid MINNESOTA STATE TREASURE $70.00 HAROLD OCT 13 ST CLOUD UnPaid MOODY'S INVESTORS SERVICE $5,300.00 1.675 IMP BOND UnPaid NORTHERN TOOL & EQUIPMEN $28.72 WATER TANK PARTS UnPaid NORTHWEST ASSOC CONSULT $5,471.52 KITT CROSSING UnPaid PEOPLE SERVICE INC. $21,274.00 MONTHLY SERVICE UnPaid PUBLIC EMPLOYEES, RETIREME $1,587.75 PPE 8/14 CK DTD 8/17 UnPaid ROBERT C VOGEL & ASSOCIAT $800.00 PEAVEY HOUSE Unpaid ROTO -ROOTER $215.00 ADDRESS 11601 77TH ST OTSEGO UnPaid T.M.L., INC 1 $75.00 SEPTIC PERMIT REFUND UnPaid TIM & DEBBIE LARSON $16,000.00 MACIVER AVE EASEMENT Unpaid ik TIM ROCHEL $22.22 TAPE MEASURE - BLDG DEPT UnPaid US BANK- 2 $3,825.00 2004 GO IMPRO 801117600 UnPaid WAYNE &DIANE TORGERSON $2,500.00 13912 80TH ST ESCROW REFUND UnPaid WRIGHT COUNTY $40.00 CPV PROGRAM UnPaid WRIGHT COUNTY AUDITOR -TRE $10,956.40 SHERIFF ADJ TO HRS 8/1 UnPaid XCEL ENERGY $101.37 RIVERPOINTE ST LIGHTS I. Total Checks $194,138.65 -ILTER: None CITY OF OTSEGO *Check Detail Register© AUGUST 2004 Check Amt Invoice Comment 10100 BANK OF ELK RIVER `. Unpaid A I DAM'S. PEST CONTROL INC E 101-41940-390 Contracted�Services $79.88 173177 Total ADAM'S PEST CONTROL INC $79.88 Unpaid AIRGAS., INC. E 101-43100-210 Operating S pplies (GENERAL) $21.73 105835043 ACETYLENE/OXYGEN/HAZMAT Notal . AIRGAS, INC. $21.73 QTRLY SERVICE Unpaid AMERICAN LIBERTY CONSTRUCTION E 203-45210-530 Improvements Other Than Bldgs $49,494.05 1 PAY Total AMERICAN LIBERTY CONSTRUCTION $49,494.05 SEAL COATING TEST E 428-49400-302 $464.00 233871 Unpaid AVENET, LLC Engineering Fees $154.00 E 101-41400-390 ContractediServices $540.00 7416 $583.00 Notal AVENET, LLC $540.00 Unpaid BOISE CASCADE OFFICE PRODUCTS E 101-41400-201 Office Supplies $20.39 067787 E 101-41410-205 Election Supplies;: $103.65 067787 E 101-41400-201 Office Supplies $75.83 276338 E 101-41410-205 Election Spplies $89.02 276338 Total BOISE CASCAD � FFICE PRODUCTS $288.89 $5,650.00 E 702-41400-310 Mis Total Unpaid BONESTROO ROSENE ANDERLIK E 430-43256-302 Engineering Fees $19,624.37 110915 WEST WWTF E 429-43256-302 Engineering Fees $30,510.47 110916 EAST WWTP III Total BONESTROO ROSENE ANDERLIK $50,134.84 I -ER CONSTRUCTION $2,500.00 CONSTRUCTION $2,500.00 LILY POND PARK CITY WEB PAGE OFFICE SUPPLIES ELECTION SUPPLIES OFFICE SUPPLIES ELECTION SUPPLIES 7895 LANDER LNDSCP 08/19/04 1:55 PM Page 1 Unpaid BRAUN INTERTEC E 101-43100-302 Engineeri g Fees $418.30 233854 SEAL COATING TEST E 428-49400-302 Engineering Fees $464.00 233871 PUMP HOUSE 3 E 428-49400-302 Engineering Fees $154.00 233872 WATER TOWER 2 E 430-43256-302 Engineering Fees $583.00 413311 WEST WWTF Total BRAUN INTERTEC $1,619.30 )L Unpaid ENTURY FENCE f E 203-45210-530 Improvements Other Than Bldgs $5,650.00 9594C00 FENCE - PRAIRIE PARK T I! I CENTURY FENCE $5,650.00 Unpaid ;ROW RIVER FARM EQUIPMENT E 101-43100-203 SuppliesL General $338.45 106120 SUPPLIES Total CROW RIVER FARM EQUIPMENT $338.45 i! Unpaid ;DNR WATERS E 601-49400-310 Miscellaneous $101.00 WELL 3 RIVERPOINTE E 601-49400-310 Miscellaneous $50.00 2002 WELL 3 ;Total DNR WATERS $151.00 CANDIDACY AD SUPERVISOR AD MAINT EMERGENCY ALARM SUPERVISOR AD MAINT ECWPUBLISHER5 IN(: i E101-41410-350 Print/Biriding (GENERAL) $73.86 172770 E 101-43100-350 Print/Binik ding (GENERAL) $81.00 172804 E 101-41400-350 Print/Binding (GENERAL) $95.40 173170 E 101-43100-350 Print/Binding (GENERAL) $81.00 173354 CANDIDACY AD SUPERVISOR AD MAINT EMERGENCY ALARM SUPERVISOR AD MAINT i� i CITY OF OTSEGO *Check Detail Register© Total ECM PUBLISHERS INC AUGUST 2004 heck Amt Invoice Com $331.26 Unpaid ELK RIVER FLORAL E 101-41400-31.0 Miscellaneous $31.63 1026 RUDY - FLOWERS ik Total ELK RIVER FLORAL $31.63 Unpaid ELK RIVER PRINTING & PARTY PLU E 101-41400-350 Print/Binding (GENERAL) $66.03 019829 BLNK BUSINESS CARDS E 250-42410-350 Print/Binding (GENERAL) $50.06 019829 INSPECTION FORMS Total ELK RIVER PRINTING & PARTY PLU $116.09 npaid G & K TEXTILE LEASING SYSTEM E 101-41400-390 Contracted�Services $71.83 43532280 MATS E 101-43100-225 Uniforms $87.10 43532281 UNIFORMS E 101-43100-225 Uniforms 1 $65.15 43537112 UNIFORMS E 101-41400-390 Contracted Services $71.83 43541957 MATS E 101-43100-225 Uniforms I $186.83 43541.958 UNIFORMS E 101-43100-225 Uniforms 1 $43.73 43546819 UNIFORMS Total G & K TEXTILE LEASING SYSTEM $526.47 ,L nnpaid GOPHER STATE ONE -CALL INC E 250-42410-310 Miscellaneous $1,105.00 4070658 LOCATE CALLS Total GOPHERS, ATEONE-CALL INC $1,105.00 npaid HAWKINS CHEMICAL E 601-49400-400 Repairs & Maint Cont (equip) $2,224.02 641529 PUMPHOUSE 1 REPAIR Total HAWKINS CHEMICAL $2,224.02 I� Unpaid HOMES PLUS E 702-41400-310 Miscellaneous $2,500.00 7985 LANDER LNDSCP ;{Total HOMES PLUS $2,500.00 npaid E 250-42410-355 Dues & INC :rships $100.00 04-5213962 TIM ROCHEL MEMBERSHIP Total ICC, INC $100.00 Unpaid ICMA RETIREMENT TRUST E 101.41400-121 PERA $192.31 PPE 8/14 CK DTD 8/18 G 101-21705 Other Retirement $230.00 PPE 8/14 CK DTD 8/18 Total ICMARETIREMENT TRUST $422.31 IL Unpaid ;J -CRAFT INC E101-43100-220 Repair/Ma nt Supply (GENERAL) $70.14 34998 FENDER MOUNTING BRACKET Total J -CRAFT INC $70.14 II Unpaid U.M. SEMLER BUILDING CORP E 702-41400-310 Miscellaneous $2,500.00 7971 LANDER LNDSCP E 702-41400-310 Miscellaneous $2,500.00 7845 LAMONT LNDSCP Total J.M. SEMLER BUILDING CORP $5,000.00 Unpaid�J,AYLON AND DAWN MENARD E 702-41400-310 Miscellaneous $1,000.00 9710 KADLER AVE LNDSCP Total JAYLO k AND�OAWN MENARD $1,000.00 Unpaid I JUDY..HUDSON E 101-41400-201 Office S �pplies_. $15.92 LIQ LICENSES E 101-41400-201 Office Supplies $64.94 ROUTER/CABLE ITotal JUDY HUDSON $80.86 KENNETH SHIERTS 08/19/04 1:55 PM Page 2 CITY OF OTSEGO *Check Detail Register© E 101-43100-390 Contracted Services Total iKENNETH SHIERTS MENARDS AUGUST 2004 Check Amt Invoice $1,319.70 $1,319.70 E 101-45200-310 Miscellaneous $23.95 89157 - Total MENARDS $23.95 E 250-42410-130 Employer Paid Ins (GENERAL) $24.40 E 101-41600-130 Employer Paid Ins (GENERAL) $4.10 E101-41400-130 Employer Paid Ins (GENERAL) $22.10 E101-43100-130 Employer P4 id Ins (GENERAL) $151.50 Total MINNESOTA LIFE $202.10 I 7/26-8/13 83 HRS WORKED SEED FOR PRAIRIE PARK BLDG - SEPT FINANCE - SEPT ADMIN - SEPT PW - SEPT Unpaid MINNF50TA STATE TREASUKEK E 250-42410-360 Education/Training/Conferences $35.00 TIM OCT 13 ST CLOUD E 250-42410-360 Education/Training/Conferences $35.00 HAROLD OCT 13 ST CLOUD Total MINNESOTA;, TATE TREASURER $70.00 INVESTORS SE E 426-43100-310 Miscellaneous ' $5,300.00 1473274-000 1.675 IMP BOND Total MOODY'S INVESTORS SERVICE $5,300.00 iL Unpaid NORTHERN TOOL & EQUIPMENT CO E101-43100-220 Repair/Mart Supply (GENERAL) $28.72 194026821 WATER TANK PARTS Total NORTHERN TOO} & EQUIPMENT CO $28.72 08/19/04 1:55 PM Page 3 Unpaid NORTHWEST ASSOC CONSULTANTS PUBLIC EMPLOYEES RETIREMENT FD G 101-21704 PERA $761.75 PPE 8/14 CK DTD 8/17 G 701-22401 ZIMMERFARMS 3RD $170.00 13705 ZIMMER FARMS 3 G 701-22328 WATERFRONT EAST $130.31 13705 WATERFRONT EAST G 701-22389 TMOBILE CUP, $119.00 13705 T MOBILE G 701-22374 KITTREDGE FINAL $42.50 13705 KITT CROSSING G 701-22407 MIDWEST LANDSCAPE $267.34 13705 MIDWEST LNDSCP G 701-22402 WATERFRONT 4 HEMPEL $401.88 13705 HEMPLE G 701-22406 KITCROSS 5/9 $354.84 13705 KITT 5/6 G 701-22353 PLFRM ORRIN THOMP $172.00 13705 PLEASANT CRK FARMS G 701-22408 Prairie Creek 6th $289.69 13705 PRAIRIE CRK 6 E 101-41570-303 Planning Fees $606.73 13706 COMP PLAN E 101-41570-303 Planning Fees $377.13 13706 GENERAL E 101-41570-303 Planning Flees $232.00 13706 2005 BUDGET E 101-42420-310 Miscellaneous $8.10 13707 PAULICK E 101-41570-303 Planning Fees $800.00 13708 MEETINGS E 101-41570-303 Planning Fees $1,500.00 13709 COMP PLAN Total NORTHWEST ASSOC CONSULTANTS ;L $5,471.52 Unpaid PEOPLE SERVICE INC. E 602-49450-390 Contracted Services $15,187.64 8331 MONTHLY SERVICE E 60149400-390 Contracted Services $675.00 8331 LABOR E 601-49400-390 Contracteid Services $5,411.36 8331 MONTHLY SERVICE Total PELOPLE SERVICE INC. $21,274.00 Total PUBLIC EMPLOYEES RETIREMENT FD $1,587.75 PUBLIC EMPLOYEES RETIREMENT FD G 101-21704 PERA $761.75 PPE 8/14 CK DTD 8/17 E 250-42410-121 PERA ( $341.48 PPE 8/14 CK DTD 8/17 E 101-41600-121 PERA $80.23 PPE 8/14 CK DTD 8/17 E 101-43100-121 PERA $152.10 PPE 8/14 CK DTD 8/17 E 101-41400-121 PERA $252.19 PPE 8/14 CK DTD 8/17 Total PUBLIC EMPLOYEES RETIREMENT FD $1,587.75 CITY OF OTSEGO *Check Detail Register© i AUGUST 2004 i Check Amt Invoice Comment _.._.,_...... _..... ROBERT .V-OG.._L .& _ASS_ OIA_T.E...S E 101-41970-310 Miscellaneous $800.00 24008 PEAVEY HOUSE Total ROBERT C VOGEL &;ASSOCIATES $800.00 i 08/19/04 1:55 PM Page 4 Unpaid ROTO -ROOTER G 701-22349 ARBOR CREEK $215.00 04810407935 ADDRESS 11601 77TH ST OTSEGO Tod I ROTO -ROOTER $215.00 Unpaid TI, .L., INC R 250-32270 SEPTIC PERMITS $75.00 SEPTIC PERMIT REFUND Total T.M.L., INC $75.00 Unpaid TIM & DEBBIE LARSON E 427-43100-530 Improvements Other Than Bldgs $16,000.00 MACIVER AVE EASEMENT Total TIM` & DEBBIE LARSON $16,000.00 II Unpaid TIM ROCHEL E 250-42410-203 Supplies - General $22.22 TAPE MEASURE - BLDG DEPT jlTotal TIM ROCHEL $22.22 npaid US BANK- 2 E 426-43100-310 Miscellaneous $3,825.00 1375445 2004 GO IMPRO 801117600 !J, Total US BANK- 2 $3,825.00 npaid WAYNE & DIANE TORGERSON E 702-41400-310 Miscellaneous $2,500.00 13912 80TH ST ESCROW REFUND Total WAYNE &'DIANE TORGERSON $2,500.00 SI Unpaid WRIGHT COUNTY E 250-42410-355 Dues & Me berships $40.00 CPV PROGRAM Total WRIGHT COUNTY $40.00 ik Unpaid WRIGHT COUNTY AUDITOR -TREASURE 11, E 101-42100-390 Contracted Services $10,956.40 04-8ADJ SHERIFF ADJ TO HRS 8/1 I Total WRIGHT COUNTY AUDITOR -TREASURE $10,956.40 Unpaid XCEL ENERGY E 101-43160-322 Utilities i $101.37 RIVERPOINTE ST LIGHTS Total XCEL ENERGY $101.37 i 10100 BANK OF ELK RIVER $194,138.65 CITY OF OTSEGO 08/19/04 1:55 PM Page 5 *Check Detail Register© AUGUST 2004 Check Amt Invoi Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $21,394.02 203 PARK DEVELOPMENT $55,144.05 250 BUILDING PERMIT FEES $1,828.16 426 Quaday & 78th PROJECT $9,125.00 427 MACIVER/70TH ST ACCESS $16,000.00 428 WEST WATER PROJ $618.00 429 WWTP-East Phase 2 $30,510.47 430 West Tdmnt Plant -Phase 1 $20,207.37 601 WATER FUND $8,461.38 602 SEWER FUND j $15,187.64 701 DEVELOPMENT ESCROWS FUND $2,162.56 702 BUILDERS ESCROW FUND $13,500.00 I $194,138.65 A1.15-0-2004 UZ:34PM FROM-FIRST'.NATL FINANCIAL I 14115 JAMES ROAD, Ste 300'. ROGERS, MN 55374 763-712-7881 - Phone 763-441-6714 - Fax +763-441-4380 T-649 P.001 F-803 ITEM 5-2 Ta Mike Robertson Frons: Mary Ebedey, CPCU Kathy G. ,F Agency Manager City of Otsego ikL Fac 763-441-8823 Pages; 11 i1 Date: 815/04 I Re: No -Fault Sewer Back -Up coverage Quote CC: I�I ❑ Urgent O For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Mike & Kathy— Thanks again for ttL time you both spent with me to get detail together & to "tour' the City for this year's LMCIT insurance renewal. It was a big help - & interesting too! I filed a little "complaint" with LMCIT underwriter about the delay in getting an "ok" to purchase the No - Fault Sewer Back -Up coverage. Got a prompt return call & then the enclosed Fax. League has finally released the authorization! 4 The annual premium charge for this year would have been about $1,400. If we add the coverage now, the charge will be prorated for the remainder of this year. The coverage effective dates will coincide with the rest of the package coverages — September 2e renewal date. Cost Is about $20/month for this year. When the renewal for 9/04 to 9/05 is rated, the cost will change, and coverage would be added for the entire year. i The Clty must pass a Resolution to authorize the purchase — model Resolution is attached. So if you decide to go ahead, please put the item on Council's agenda, pass the resolution, sign the enclosed paperwork and get It back to me. If you decide to wait until the renewal, we just need to make sure that the offer doesn't "expire" as the quote Is good for 90 days. The League has typically been slow in getting renewals quoted and processed, so we don't want to pass the 90 -day window and then have to re -apply. So — if you went to add the coverage, I'd suggest you go ahead and get it on the agenda now. i AUG -05-2004 OZ:3412M FROM-FIRST,'NATL FINANCIAL +763-441-4380 T-649 P -002/O09 F-803 August 5, 2004 Any questions, please call me — 763-712-7881. Thanks again for your time on the 2r — I will be talking to you soon. Mary Eberley • Page 2 AUG -05-2004 02:34PM FROM -FIRST NATL FINANCIAL +763-441-4380 T-649 P.0031009 F-803 i I Resolution # RESOLUTION ESTABLISHING LIMITED SEWER BACK-UP CLEAN UP AND PROPERTY DAMAGE PROTECTION FOR MUNICIPAL SEWER CUSTOMERS. RECITALS WHEREAS the city affords municipal sanitary sewer services to many of the property owners within the city; and WHEREAS, on occasion blockages or other conditions in city sanitary sewer lines may result in the back-up of sewage into properties that are connected to those city sanitary lines; an'd WI-MREAS, sewer back-ups into property pose a public health and safety concern; and j WHEREAS, it is not always easy to discern the exact cause and responsibility for municipal salutary sewer back-ups, and WHEREAS, the City Council desires to encourage the expeditious clean-up of properties that have encountered sewer back-ups; and WHEREkS, the City Council desires to minimize the potential of expensive lawsuits arising out of sewer back-up claims, and WHEREAS, the City is a member of the League of Minnesota Cities Insurance Trust; and t WHEREAS, the League of Minnesota Cities insurance Trust is making available to the city a limned "no fault" sewer coverage that will reimburse property owners for certain clean-up��Iwsts and property damage irrespective of whether the City is thought to be legAly at fault. NOW THEREFORE, BE IT RESOLVED, by the City Council of J. — Minnesota, as follows: As part of the c11 ontract for the provision of sewer services to the customers of the City, and in consideration of the payment of sewer bills, the City agrees to reimburse its sanitary sewer customers for up to $10,000 of clean-up costs and property damages caused by a sanitary sewer back-up, irrespective of whether the city is thought to be negligent or ott etwise legally liable for those damages, subject to the following conditions: .l AUG-Ut-ZUU4 UZ:34PM FROM -FIRST NAIL FINANCIAL +763-441-4380 T-649 P-004/009 F-803 ai The back-up must have resulted from a condition in the city's sanitary sewer system or lines, and not from a condition in a private line. b The back-up must not have been caused by catastrophic weather or other event for which Federal Emergency Management Assistance d is available C.. The back-up must not have been caused by an interruption in - zlectric power to the city's sewer system or to any city lift station, which continues for moreithan 72 hours. d The back-up must not bave been caused by rainfall or precipitation that would constitute a 100 -year storm as determined by the National Weather Service: e! Neither the city nor the League Minnesota Cities Insurance Trust CLMCI7) will reimburse any costs which have been or are eligible to be covered under the property owner's own Homeowners or other property insurance, or which would be eligible to be rcimbiu-sed under a National Flood Insurance Protection (NFIP) ,policy, whether or not thelptoperty owner actually has NFIP coverage. 1 f.!The maximum arnount that the City or LMCiT will reimburse is S 10,000 per building per, per year. In this regard, a structure or group of structures servediby a single connection to the city's sewer systern is considered a single building. Adopted by the council this day ofmonth (year). I City Cleric Mayor TOTAL P.07 AUG -05-2004 02:35PM FROM-FIRST,NATL FINANCIAL LMC Lrgoe�atiii.�tbrCiGn C1Hv P.a.ntioy j� NO-FAULT SEWER BACK-UP COVERAGE Ig NOT BOUND UNTIL k WRITING FF Date: July Z8. 2004 To: Mary`Eberley, CPCU FirstllNational Insurance Fax: 763441.6714 Pages: 7 From: Pat Mingee CPCU. CIC LMCIT Underwriting 651 21 5.40811800-925-1122 ext Re: City of Otsego Coverage: ;Refer to the attached :.Coverage Bulletin. limit: !i $10.000 Per Building Per' For purposes of the limit, �[is served by a single com be considered a single bu Premium: j 8.5% of the Annual Munic i prorated to the expiration Retroactive Date: The date that the city cou Remarks:_ Quotation is Valid for 20 D 1. To bind coverage, the ci and send a signed copy ?2. A Model Resolution Is al Cc Steve Underwriting AN EQBAL +763-441-4380 T-649 P-005/009 F-803 League of Minnesota Cities irwrance Trust 145 UniversiryAvenue west, SL Paul, MN 55103-2044 (651) 281-1200 - (800) 925.1122 Fax (551) 2.91-1248 -70M (651) 281.1290 wwwknna org QUOTATION I RECEIVE CONFIRMATION IN LMCIT. Optional "No-fault" Sewer Back-up structure or group of structures that ction to the city's sewer system will Tina. I Liability Pmmiurn (Premium will be the city's covenant). passes the resolution council must formally pass a resolution LMCIT. ACTION EMPLOYER AUG -05-2004 02:35PM FROM -FIRST NATL FINANCIAL LMCIT offers prop optional coverage a dwages caused by liable for those den This new coverage +763-441-4380 T-648 P.006/009 F-803 E MCIT isk Management Information 146 Viave.eity Aven is West, 5t. Paul, MN 55103'2(44 P1ioptss (651) 281-1200 0 (800) 925-1122. raxs (651) 281-1298 • TDD (651) 281-1290 wmV.lxncitamnc.ord "NO-FAULT" SE ZR BACK-UP COVERAGE /casualty member cities "no.-ult" saws back-up coverage. This now reimburse a property owner; or up to 510,000 of clean-up costs and ewei back-up, irrespective of `vhethvr the city was negligent or legally pion; is intended to do scvcra4 I To reduce health hazards by encouraging propen quickly as possible. To reduce the fr�`quency and severity of sewer:bl less inclined to sue: if they receive conciliatory.111 To give cities a ik ay to address the sticky polibc owater learns that the city and LMCIT won't roi, because the MY wasn't negligent and is therefol Many cities and their citizen may find this new coo it's also important to realize that it's not a complete not every possible back-up will be covered. what sewer backl$ps would be covered by the, r gs: owners to got back ups cleaned up as lawsuits. I.e., property owners may be it at the time of the back-up. it problems that cart arise when a property ,blase him for bis sewer backup damages not legally liable. stage option to be a helpful tool. However, solution to sewer back-up problems, and that coverage:' The no-fault coverage would reimburse the property owner for sewer back-up damages, gardless of whether the city was legally liable, if. following conditions ata met: . The back-up must hsve rs�ulted from a conditl in the city's sewer system or lines. A back- up caused by a cloo or other problem in the pry �y owner's own line would not be covered. It's not one of ft situations that's specifically e The coverage limit has mot been exceeded. ,eluded at the coverage. AUG -05-2004 02:35PM FROM -FIRST NAIL FINANCIAL I i � - I Which situations are excluded? The no-fault coverage will not apply in scverdl "c are: t r • Any weather-related or other event for which • Any interruption lin the electric power supply lits station wbieh!Ccontinues for more than 72 Rainfall or precipitation that exceeds the ami Service to constitute a 100 year storm event. What costs would ti'e covered? +763-441-4380 T-649 P.007/009 F-803 type situations. specifically, these assistance is available; city's sewer system or to any city sewer or by the National Weather The no-fault sewer back-up coverage would reimburse the property owner for the cost of Cleaning up the backup, and for any damage to the ° roperty, up to the coverage limit. For purposes of the city is deductibles, claims under the�no-Fault coverage are treated ae liability claims, so the sameper-occurrcuce and/or annual ddductibles will apply. However, there are certain costs that would not be Any costs whic9bave been or are eligible to b homeowner's orother property insurance; and Any costs dixt would be eligible to be reimbur wliether or not the property owner actually has What is the coverage limit? 71e limit is $10,000 per building per year. For puri structures that is seed by a single connection to ti single building. I What does it cost? The premium charge for.lhe optional no-fault sews municipal liability premium. The LMCIT Board's supporting, so we'll be monitoring and if nmessar Is every city auto m atically eligible? IE' No. The city will n d to meet these underwriting The city must.have a policy and practice of in reasonable scli,. edulc. I 2 II i under the no-fault coverage: tinder the property owner's own under an NFIP flood insurance policy, coverage. yes of the limit, a st=ture or group of city's sewer system will be considered a backer coverage will be 8.5% of the city's heat is that this coverage option be self- adjusting these charges in the futm and cleaning its sewer lines on a AUG -05-2004 02:35PM FROM -FIRST NAIL if tJtere are any existing problems in the city's s tem whichp have caused back-ups nto es P ig • or are likely to cause back-ups, the city must lm a and be im lementing a p those problems. I - i tl to back ups or other sewer The city trust have a system and the ability to r spored ptotnp Y problems at any time of the day or week. The city must have in place an appropriate pro m to minimize st°rmwater'nf]°v+ and infiltration. The city must ha ie in plata a system to mavttai records of routine sewer cleaning and maintenance, and of any reported problems an i espouses. We'd stress that in mak�og the underwriting ;on we're hying to focus on reasonableaess, rather than on creaUn very specific standards. Th as, the intent isn't to set an arbitrary requirement that sewers be inspected and cleaned :ery six months or every three lyearls-m 1 whatever. What maktes sense in one city with som �Ider and sometimes sagging y probably wuttidtt'tmake sense to a city with neve plastic lines, and vice versa. From the undcrevxiting standpoint, the real concern is that th Icily has considered its own situation and developed polices, p��s. and schedules that m I e sense for its own situation. How would the no 2ult,coverage work Uwe hs a sewer back-up that ' caused by city negligence, and where the city was legally liable for the resulting dumag . In that situation, if the claim fell within the seopc claim would simplybe paid under the no-fault cov If the situation isn't one where the no-fault Covera would respond just as it docs now_ That is, LM claim on the city's behalf, and would pay the resu j for those damages. The same would be true for damages that exceed t claim against the city by the homeowne es insuran liability would respond just as it does now. What's the legal basis for this coverage? Woul damages that the city isn't legally liable for? First, as noted curlier, one goal is to help reduce h ups. That's clearly a public purpose and in the pu Second, the law ," d facts surrounding most sews liability issue is entirely black and white. There's 3 the limits of the no-fault coverage, the applies, the city's LMCIT liability coverage ,ould investigate and if necessary defend the ;g damages if in fact the city is legally liable $10,000 no-fault limit, or for a subrogation company. The city's existing INCIT I. b"t it be a Cih of public funds to pay b hazards by encouraging prompt cican- interest. claims arc rarely so clear that the always a way that a claimant's AUG-US-ZU04 OZt35PM FROM -FIRST NATL FINANCIAL +763-441-4380 T-649 P.009/009 F-803 attorney can make help eliminate the Finally, part of the formal resolution t between the city au L9 purchasing not j back-up costs and owner would be th How do we put c Contact your LM( the city a formal � roust formally pas If the city decides about it. LMCIT c etc. Who can we coni Contact your LMI type of argument for city to spend public fimds on L ocess for putting the coverage t makes this no-fault sewer W the sewer customer. The idea : sewer service but also the rig mageh. In other words, the ba :ontract between the city and e in place? underwriter for an appli c, along with a tnodcl re. at resolution, and send a add this coverage:, it will also also provide models for a pre with questions or Having this coverage in place should costs in many of these cases_ t place is for the city council to pass a -up protection part of the agreement that by paying his sewer bill, the sewer user to be reimbursed for certain specified sewer for the no-fault payments to the property sewer user. If the city qualities for coverage, we'll send I. To put coverage in place, the eiry council ) LMCIT. ; important to make sure the citizens brow release, newsletter article, utility bill insert, underwriter, or Pate Tritz at tie League office. We're also interested in hearing cities' reactions are changes you'& ke to sec. 4 this new coverage option, especially if there ii j ITEM 5_3 InIBonestroo Rosene Owner: Ci of Otsego, 8899 Nashua Ave. NE, Otsego, MN 55330 Date August 6, 2004 �J■ 4 0 Anderlik & Contractor. Rice Lake Construction Group, 22360 County. Road 12, Deerwood, MN 56444 Associates gineers d, Architects Bond Company: Bond No: i CHANGE ORDER NO. 3 OTSEGO WASTEWATER TREATMENT FACILITY BRA FILE NO. 503-02-107 i Description of Work This Change Order provides for changes to the Generator concrete base slab. �I Contract Unit Total i i I Original Contract Amount I evious Change Orders This Change Order �I Revised Contract Amount (including this change order) I CHANGE IN CONTRACT TIMES Original Contract Tunes: . f Substantial Completion (days or date): Ready for final Payment (days or date): I Increase of this Change Order: Substantial Completion (days or date): Ready for. final Payment. (days or date): Contract Time with all approved Change Orders: Substantial Completion (dayv,s or date): Ready for final Payment (days or date): I! Recommended for Approval by: ONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Date. Approved by Contractor: Approved by Owner: RI E ON RUCTION GROUP CITY OF OTSEGO $6,384,000.00 $139,167.00 $3,693.00 $6,525,860.00 Consent Agenda 8/23/04 City of Otsego :4 Project Name ) Pa Estimate # Project No. Contractor Amount Liftstation #3 A 2 03-03 Barbarossa $ 96,476.30 2004 Street Maintenance 16 1 04-06 Allied Blacktop $122,255.98 Lefebvre Creek Ditch Constr. 2 03-09 Dennis Fehn $12,853.50 i� Total $231,585.78 PAY ESTIMATE NO.2 Item: 7.1 City of Otsego 1-r E M 5-4 Lift Station #3 Bid Date: May 8, 2003, 2:00 pm 23-A--04 -ic e Mayor & City Council Cit} sego i 8899 Nashua Avenue N.E. i Otsego, MN 55330 RE: LIFT STATION #3, COP 03-03 Pay Estimate No. 2 Contractor: Barbarrossa & Sons, Inc. Revised Contract Amount: $ 321,622.00 II Award Date: May 27, 2003 Completion Date: November 17, 2003 i Dear Honorable Mayor and Council Membels: The following work has been completed on!the above referenced project: Bid Schedule "A" - Base Bid I Estimated Number of Contract Used To Item i Description U_ nits Unit Unit Price Amount Date Extension Nn Spec. Ref. 1 L.S. $6,000.00 $6,000.00 100% $6,000.00 02000 Mobilization - 3% Maximum 02530 24 Inch RCP Class 3(dELETED C.O. #1) LF $125.00 3 02530 16 Inch DIP Force Main(DELETED C.O. #1) LF $130.00 Sewer Lift Station Structure 1 L.S. $121,000.00 $121,000.00 100% $121,000.00 4 02533 Structure 1 L.S. $29,000.00 $29,000.00 100% $29,000.00 5 02533 Valve/Manifold 1.4 Acre $1,000.00 $1,400.00 6 02920 Seedin 1.4 Acre $300.00 $420.00 7 02920 Mulch Concrete Pad for Control Panel 80 SF $10.00 $800.00 8 03300 30 CY $10.00 $300.00 38 $380.00 9 03300 Anti -Floatation Concrete ` 3 Each $2,000.00 $6,000.00 3 $6,000.00 10 15110 10 Inch Swin Check Valve Valve ;� 3 Each $900.00 $2,700.00 3 $2,700.00 11 15110 10 Inch Gate 12 15110 16 Inch ButterflyValve(DELETED C.O. #1) Each $3,500.00 1 $12,000.00 13 15200 10 Inch Flanged Piping- 1 L.S. $1.2,000.00 $12,000.00 5 $150.00 14 15200 16 Inch Flanged Piping, 5 LF $30.00 $150.00 1 530,000.00 15 15445 Sewage Pumps (Basel[Bid) ., 1 L.S. $30,000.00 $30,000.00 Sanitary Sewer Lift Station Controls(DELETED 16 16900 1C.O. #1) L.S. $30,000.00 $209,770.00 5207,230.00 Total -Base Bid i i •I i I i PE - 1 8/17(04 ot6l8bidtabutationPay Estimate No.21 i �) PAY ESTIMATE NO.2 Item: 7.1 City of Otsego Lift Station #3 Signed: Title: ENGINEER: Certification by HAKANSON AND Signed: f�� Title: A) OWNER: CITY OF OTSEGO V!al all items and amounts are correct for the work completed to Cate. Date: 9/1 slo I/ : We recomme payme work and quantities as shown. SSOCIA ES, IIW Date: 0 / Signed: l E Title: Date: I PE -2 01618bidtabulat—Pay Estimate No.2 8/17/04 Order Items re 2530 24 Inch DIP Cl 52 Gravit Sewer 26 LF S 95.00 $2,470.00 28 $2,660.00 2530 8 Inch DIP CI -52Gravity Sewer 40 LF $ 41.00 $1,640.00 40 51,640.00 191 2530 '81nch DIP CL52 Force Main 85 LF $ 36.00 $3,060.00 101 53,636..00 20 2530 10 inch DIP CL52 Force Main 85 LF $ 42.00 $3,570.00 108 54,536.00 21 2530 Buried Force Main Manifold & Valves 1 LS $ 15,500.00 $15,500.00 100% S15,500.00 .L Pump Level Floats and Tri nsducers,Pump Control and Poser Cables,,�All Electrical Conduits 22 Associated with Control Panel Pad 1 LS $ 6,100.00 $6,100.00 23 15445 Additional 20 HP Pumps, Piping '& Valves 1 LS 1 $ 26,632.00 $26,632.00 100% S26,632.00 24 15200 4 Inch Tanker Connection!tand Valves 1 LS $ 6,500.00 $6,500.00 100% 56,500.00 25 18" RCP !E 48 LF $ 41.00 $1,968.00 48 51,968.00 26 18" RCP FES 2 Each $ 650.00 $1,300.00 2 51,300.00 27' Class 5 Crushed Base k 42 TONS $ 16.00 $672.00 28 Granular Borrow ILL 95 CY $ 12.00 $1,140.00 29 Geotextile Fabric lir 140 SY $ 2.00 $280.00 140 $280.00 30 Lift Station B pass Assembly 1 LS $ 28,320.00 $28,320.00 100% S28,320.00 31 30" DIP CL52 100 LF $ 108.00 $10,800.00 100 510,800.00 321 30" DIP Plug ► 1 Each $ 11900.00 $1,900.00 1 $1,900.00 notal - Change Order Items $111,852.00 5105,672.00 $321,622.00 S312,902.00 notal Contract Amount I 5312,902.00 TOTAL USED TO -DATE 515,645.10 LESS 5% RETAINAGE $200,780.60 CSS PREVIOUS PAYMENTS Pay Estimate No. 1 $ 200,780.60 i WE RECOMMEND PARTIAL PAYMENT 'I OF: 1 $96,476.30 APPROVALS: CnWTRACTAR- Rarharossa and S'I ns. Inc. Signed: Title: ENGINEER: Certification by HAKANSON AND Signed: f�� Title: A) OWNER: CITY OF OTSEGO V!al all items and amounts are correct for the work completed to Cate. Date: 9/1 slo I/ : We recomme payme work and quantities as shown. SSOCIA ES, IIW Date: 0 / Signed: l E Title: Date: I PE -2 01618bidtabulat—Pay Estimate No.2 8/17/04 I I .I 4ugust18,2004 mcrable Mayor & City Council i ty of Otsego d899 Nashua Avenue NE Otsego, MN 55330 RE: Improvement Project 04-06,2004 Street Maintenance Contractor. Allied Blacktop Company ContractAmount $134,132.50 Award Date: June, 16th 2004 Completion Date: July 31, 2004 Dear Honorable Mayor and Council Members: i The following work has been completed on the above referenced project PAY ESTIMATE # 1 City of Otsego Project 04-06 2004 Street Maintenance ITEM 5.5 Base Bid r Estimated Item No. Description �`` Number of Units Unit Unit Price Used to date Extension 1 Crack Filling and Joint Re air l 8,700 LBS $0.90 8570 $7,713.00 2 FA -2 Class A 1/8* Trap Rock 1,760 TON $36.00 1683 $60,588.00 3 Bituminous Material for Seal Coat 35,100 GAL $1.00 33664 $33,664.00 4 Traffic Control Seal Coat and Crack Fillin 1 LS $1,500.00 1 E7 500.00 IISubtotal Base Bid a 1ua,vo3.uu Alternate Bid Estimated Item No. Descri tion I Number of Units Unit Unit Price Used to date Extension 5 Bituminous Tack Coat Type LV5, Bituminous Mixt for Tight 295 GAL $1.50 575 $862.50 6 Blade Leveling LVNW55030B 1 1 175 TON $37.50 152 $5,700.00 7 Type LV4, Wearing Course Mixture LVNW450308 525 TON $35.50 506 $17,963.00 8 ITaffic Control Bituminous Overlay) 1 LS $700.00 1 $700.00 SubtotalAlt. rnate Bid Base Bid Plus Alternate Bid Total Summary Of Work Completed To Date Base Bid Alternate Bid i WORK COMPLETED TO DATE LESS 5% RETAINAGE WE RECOMMEND FINAL PAYMENT:! F I APPROVALS: CONTRACTOR: Allied Blacktop, Inc. Certification by Contractor. I certify Signed: Tile: ENGINEER: Certification by Engineer. We HAKANSONANDERS ASSO Sig Title: U OWNER CITY OF OTSEGO Signed: Title: at all items and amounts are coned for the work completed to date. Da te: payment for work and quantities as shown. Date: Da te: OT359PEIA $25.225.50 $128,690.50 $103,465.00 $25,225.50 $128,690.50 $6,434.53 $122,255.98 Pay Estirnate No. 2 C►ty of Otsego Irnprovmment Project 03-09 Lefebvre Crook Ditch Construction August 17, 2004 Honorable Mayor & Ciry Council City of Otsego j ES99 Nashua Avenue NE Otsego, MN 55330 II i P,$: Lefebvre Creok Ditch Construction Dentis Fehn Bxcavating & Gravel, Inc.' Cunu=t Amount. $132,810.00 i Award Date: Completion Date: Dear Council. Members: II The following work hes been completed on the above referenced project, ITEM 5.6 ITEM Bid Schedule "A" .f tem No. Descri tion Contract Quantity Uplt Unit Price Used to Date Extension 1 Mobilization% 1 LS $4500.00 1 $1,500.00 2 Common Excavation b 6,500 CY S4.25 6,500 S27,625.00 3 To Soil I� 3,000 CY $3.60 3,000 S 10 500,00 4 Class 5 Gravel 100% Crushed) 15 IN 525,00 S 31'' x 49" Arch CMP 120 LF $58.00 120 $G,960.00 6 Jackie g 42" RCP 100 LF $550.00 104 $57,200.00 7 'Traffic Control I LS 53,000.00 1 $3,000.00 8 Riprap, Class I'll w/ Geotextile Fabric 50 CY $60.00 50 $3,000,00 9 Silt Fence, TypeMachine Sliced 3,000 L- $1.50 1,425 52,137.50 10 Bale Checko 20 EA $60.00 8 $480.00 11 Erosion Control Blanket, Category 2 200 SY $6.00 880 b5,280.00 12 Sod IL 5,500 SY S2.50 1,540 $3350.00 13 Seeding i4 6.0 J AC I 5650.00 5.0 $3,250.00 tl�s osz.�a Totnl - Dld Schodule "A" Summitry Of Work CompletedT Datc: �E. yvoRx COMPLETED TO DATE; LESS 5% RETAINACE: LESS PAY ESTIMATE NO, l WE RECOMMMND PARTIAL PAYMENT OF: APPROVALS: CONTRACTOR Dennie Fehn Eiccavating & Gravel, Inc. Certification 4y Contractor;] cyopfy that all items and amounts are correct for the work completed to date. Signed: Title: ENGINEER: Certification by'' 14AKANSO ER Sign ,�,��• �� Title, OWNER: CITY OF OTSEGO Signed: Title: Date: ��'L7`d Y recommend payment for work and quandlios as shown. ITES, INC, Date: 41,16, Date: FILE:MMa0t%9norad Dorlmur�dpolVo epew2o\a142Apaz PE -1 SHEFTITae) �Y $125.082,50 56,254.13 5105,974.68 V2,953.50 i NORTHWEST ASSOCIATED CONSULTANTS, INC. A 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telepho`kne: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com ITEM 6A MEMORANDUM TO: Otsego Mayor and City Council FROM: DATE: RE: NAC FILE: BACKGROUND Mississippi 39, LL( at the northeast cc single-family lots ti Open Space Clust plat was approved approval are proce and do not require Attachments Michael Darrow / Daniel Licht, AICP 18 August 2004 Otsego — Mississippi Cove; Final Plat 176.02 — 04.08 has. submitted a request for final plat for a 58.9 acre parcel located ler of CSAH 39 and Mason Avenue. The final plat consists of 20 be developed under the requirements of the R -C, Residential Rural District. The request for a zoning map amendment and preliminary y the City Council on April 26, 2004. Applications for final plat sed in accordance with Section 21-3-3 of the Subdivision Ordinance acommendations from the Planning Commission. Exhibit A: Site Location Map Exhibit B: Request for condemnation Exhibit C: Findings of Fact Exhibit D: Preliminary Plat Exhibit E: Final Plat Exhibit F: Landscaping Plan i I 1 II ANALYSIS Preliminary Plat Consistency. The proposed final plat is consistent with the approved preliminary plat and applicable conditions attached thereto. A total of 20 lots have been identified within thePrial; plat, consistent with number and arrangement of lots shown on the preliminary plat; I d City staff, the County Engineer and the applicant met on 12 August 12 2004 to discuss the access issue and emergency driveway. Based on these discussions, the applicant has requested condemnation of the Adamski property from the north line of the 96th Street right-of-way to CSAH 39 for temporary emergency access. It must be noted that this land would ne6d to be acquired even if 96th Street is extended to Nabor Avenue because it severs the Adamski propelinto two parcels. If the land for the temporary emergency access�is acquired and 96Street is ultimately extended to CSAH 39/Nabor Avenue, the parcel ,i ould be converted to a trail use. If the City Council decides to proceed with condemnation of the property necessary for a second access to the proposed development, the applicant will be responsible for all costs incurred by the City in this effort. Necessary construction / pavement marking changes to convert the existing "bypass" lane for Mason Avenue to a combined "right-turn/bypass" lane along CSAH 39 will be a condition of CSAH 39 required by Wright County. The right of way dedication of 75 feet from the centerline of CSAH 39 shown on the preliminary plat is consistent with the NE WrightFounty Transportation Study that identifies this segment of highway as a four (4) lane u'rban;,section in the future. Landscaping. Asa condition of preliminary plat approval, the applicant was required to provide a landscape plan for the Mason Avenue median and Outlot A, which is to include seeding clusters for future buffering along CSAH 39. The design of the planting plan is attractive and a good combination of plants for color throughout the growing season. The plantsspecified are also hardy and should do relatively well in the difficult conditions (heat, salt spray) of a roadway median island. The planting list will need to be revised as there is an error. The shrub Syringa vulgaris is the Common Purple Lilac not an Ivory Halo Dogwood. The Common Purple Lilac grows up to 15 feet in height and width and would be too large for this median planting. The Ivory Halo Dogwood is the better choice and recommended for this median planting. The landscape plan does not indicate whether irrigation is specified for the median planting. Roadway median plantings are very difficult to establish and sustain without irrigation, therefore, a revised landscaping plan shall be submitted with an irrigation plan and the comments and conditions contained herein. The landscape plan must also be expanded to identify the existing trees within Outlot A. Additional tree and shrub plantings will be required to fill in breaks in the existing tree line to provide amore complete buffer from CSAH 39. The landscaping within Outlot A is subject to review and approval of City Staff. Park and Trail Dedication. Section 21-7-18.H of the Subdivision Ordinance requires dedication of 10 pekrcentof the gross area of the subject site for park development. The City intends to develop a greenway corridor along Northwest Creek from the Mississippi River southwest towards the west sanitary sewer district. The outlet for Northwest. Creek to the Mississippi River is located at the northwest corner of the subject site. The i i preliminary plat proposed to dedicate 18.48 acres (9.35 acres landward of the bluff line) of land including the outlet and bluff area to the City to satisfy park and trail dedication requirements. Outlot B must be deeded to the City at the time the development contract is executed. !, Easements. Conservation easements limiting use of Outlot A to neighborhood recreation uses must be established and recorded with the final plat. All easements are subject to the review 'and approval of the City Engineer. Construction Plans. Construction plans for the overall development plan have been submitted with the alpplication for final plat and will be recorded with the final plat. All construction plans remain subject to the review and approval of the City Engineer. Utilities. The proposed single family lots are to be served by individual on-site septic systems and wells. Provision of primary and secondary septic sites and well locations are subject to approval of the City Engineer. Homeowners' Association. Documents establishing the homeowners' association to provide for ownership and maintenance of Outlot A must be submitted be recorded with the final plat. The homeowners' association documents are subject to the review and approval of the CitylAttorney. Development Contract. Upon approval of the final plat, the applicant must enter into a development contract with the City. The development shall establish the conditions of plat approval and payment of all fees and securities. CONCLUSION The Mississippi Cove Final Plat is consistent with the requirements of the Zoning Ordinance, Subdivision Ordinance, and approved preliminary plat. Subject to the conditions outlined 1,61ow, our office recommends approval of the final plat application. A. Motion to approve a final plat of Mississippi Cove, subject to the following conditions: iI 1. The temporary emergency access shown within Outlot A shall be removed and access to the site shall be subject to the review and approval of the City Engineer and Wright County Engineer. 2. Emerge �tcy vehicle access from CSAH 39 to 96th Street at the east plat line via extension of a public street or restricted use access shall be required. 3. The applicant shall be responsible for all costs associated with the acquisition of land necessary for and construction of provision of said second access. 4 A 4. All construction plans shall be subject to review and approval of the City Engineer: i 5. The primary and secondary septic sites and well locations shall be subject to the revie � and approval of the City Engineer. 6. All easements are subject to the review and approval of the City Engineer. 7. A revised'landscaping clan is submitted specifying Ivory Halo Dogwood plantings' within the 96t Street median and provide additional plantings to fill in breaks; in the tree line within Outlot A, subject to review and approval of City Staff.. 8. Documents establishing the homeowners' association must be submitted with and recorded with the final plat, subject to review and approval of the City Attorney !r 9. The applicant shall enter into a development contract with the City and pay all fees andrsecurities required by it, subject to review and approval of the City Attorney; 10. Comments of, other City Staff. Motion to deny the application based on a finding that the request is inconsistent with the Zoning Ordinance and Subdivision Ordinance. C. Motion to PC: Mike Roberson Judy Hudson Andy MacA Shur Ron Wagner Wayne Fingleso Scott Dahlke Jeff Adamski Adam Heaton 5 NAC x V Z 1►/ f� v v I ON THE GREAT RIVER ROAD a i it �I i�I I GOVERNMENT LOT 1, SEC. 7. T.121. R.23 _ i, GOVT LOT 1 I 131200 /181201 r m O � n X184203 NORTH Aavrloxnah SCALE 1'=400' 0 r r #184101 EXHIBIT A-2 /17/2004 01:27 7635503913 Q ual MOEN LEUER CONSTRUCT .ty Site Design', LLC Civil Engineering City of Otsego Attn: Mike Roberts,, City Admn. 8899 Nashua Ave. I1E Otsego, MN 55330 Land Development August 17, 2004 PAGE 02 Re: Request for Condemnation Davis Mississippi Cove Otsego, MNij i Dear Mr. Roberts ;JJ On behalf of the developer, Mississippi 39, LLC, and based on the outcome of discussions at the City staff meeting held on August 12, 2004 of which the developer did attend, we are requesting that the City proceed with condemnation proceedings on property deemed necessary for public safety, health, and welfare to be utilized as a secondary access Haat will provide vehicular and pedestrian movements from C.S.A.H. 39 to N.E. 96`s Street. §.E. 96" Street is to be constructed as part of the Davis Mississippi Cove development project ("Project"). The property involved in the proceedings is adjacent to the east boundary of the Project, and is currently being utilized as a driveway access to the single Iflamily home of Mr. Jeff Adamski. Please'contact me in. regards to any additional information needed at 763-550-9056. Sincerely, Quality Site Design, LLC I M� Scott Dahlke Professional Engineer Cc: Dan Licht ;NAC Ron Wagner — HAA Andy McArthur — C&M Law Bruce Malk'e 01i File 00181 i I I EXHIBIT B i 3600 Holly Lane N., Suite � 100, Plymouth, MN 55447 • Phone (763) 550-9056 • Fax (763) 550-3913 .I i CITY OF !I 08-18-04 OTS AGO FINDINGS & DECISION WRIGHT COUNTY,;IMINNESOTA FINAL PLAT APPLICANT: Mississippi'39, LLC APPLICATION: Request for final plat approval of Davis Mississippi Cove consisting of 20 single family lots, public pa rlk and an open space outlot within a rural cluster subdivision. CITY COUNCIL MEETING: 23 August 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 attached as Exhibit A. ii B. The property lies within the Rural Residential Preserve and is guided for rural residential land uses by the 6tsego Comprehensive Plan, as amended. it C. The property;is zoned R -C, Residential Rural Open Space Cluster District. Single family dwellings areka permitted use in the R -C District. D. The City Cou,�cil approved a preliminary plat for the property on 26 April 2004 subject to conditions. �I E. One condition of preliminary plat approval is that the applicant provide for a second access to the property from CSAH 39. The applicant has requested the City condemn a parcel of land from the abutting property to the east to provide for temporary emergency vehicle access. i F. The final plan includes 20 single family lots, land -to be dedicated as public park and one outlot for permanent open space. i G. The planning; report dated 18 August 2004 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. i DECISION: Based bn the foregoing information and applicable ordinances, the Davis Mississippi Cove Final Plat is hereby approved, subject to the following conditions: 1. The tempora emergency access shown within Outlot A shall be removed and access to the site shall be subject to the review and approval of the City Engineer and Wright County Engineer. 2. Emergency vehicle access from CSAH 39 to 96"' Street at the east plat line via extension of a public street or restricted use access shall be required. 3. The applicantshall be responsible for all costs associated with the acquisition of land necessary for and construction of provision of said second access. 4. All constructiolC plans shall be subject to review and approval of the City Engineer. EXHIBIT C 6. 7. 8. 9. �I i The primary and secondary septic sites and well locations shall be subject to the review and approval of the City Engineer. All easements are subject to the review and approval of the City Engineer. A revised landscaping plan is submitted specifying Ivory Halo Dogwood plantings within the 96`h Street median and provide additional plantings to fill in breaks in the tree line within Outlot A, subject to review and approval of City Staff. Documents e! final plat, subj The applicant required by it, PASSED by the Attest: dishing the homeowners' association must be submitted with and recorded with the to review and approval of the City Attorney. II enter into a development contract with the City and pay all fees and securities ject to review and approval of the City Attorney. City Council this 23rd day of August, 2004. CITY OF OTSEGO By: Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk i LEE TO: 1 WO -11 i X92 � fe ST EET A - - a *CST -E M GOVT LOT 3 N W20'57* W \125- +/- u •� ------- -.______- MASON AVE. 1 I $ L e / �---- ------ --•- �. a j -k 01 J - --7 c j iO O In 5 00.4 see' +/- •i,/ H 'I I'E I IST8 B1 ° -----------------•----- I� oo4e.�tt-€- - — - -4 ---- -- - 8 ------,-: ------ ----------•------ ---• � ' 5 y po-o m m m A m "^ - O � 8 � p� � (i-• s i/1 N r`, �q' � ��^ P8g � 8 to A. UN o e ooN v _ s�8 i z p►4 6M g� . S D I6E v_v_fn• c i go =E P O is o�y KIY drz 03/I5/04 kE»�ays ip vcym* ms AaL >.wl P�4.�>.,a.wa.e++w+e"'✓ J- o ; ^� MISSISSIPPI COVE * 8 N o o ° MON 10. ay vN� `� v 'z g�g � F� � z T, � Otsego, MN x $ m 'oEsc*m ei SD I\ accaerr Burrs u>E 800K _ PAGE r4mttlrm QUALITY SITE DESIGN, LLC Uprwo - Iwe owrto.., S a 8*�g ro �a ;•E S }Eel 190.8 . 1 -i nomor+.a sr"[ rumx fflIA PRELIMINARY PLAT s O drz 03/I5/04 kE»�ays ip vcym* ms AaL >.wl P�4.�>.,a.wa.e++w+e"'✓ o ; ^� MISSISSIPPI COVE * 8 N o MON ay vN� Sect. 18, Twp. 121, Rng. 23 g�g � F� � z T, Otsego, MN $ m 'oEsc*m ei SD I\ accaerr Burrs u>E 800K _ PAGE r4mttlrm QUALITY SITE DESIGN, LLC Uprwo - Iwe owrto.., - p . 1 � w SD nomor+.a sr"[ rumx fflIA PRELIMINARY PLAT I� � � I 1 f) 1 wrsr LRE OF COV r LOT J n 1728' N 00°20' 57" W '+/- --- -----/ -- - ----------------- ----------------- 10 '6c•• N "- N I I zex.3s \ f=----- I I-c>...>- I I /• "j r 59.04 \� .q I I.1101.122.1 sx• W °'IW v til` I I _______________I _-__-___-_-___J]�• I I Lrl j o IZ I�� I 8 m 507.2- - u cs i I m •"� Irr (1-=-x405 -----( =off 1----•�' oe_w' �. 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EE R g 1 0 N X � I m g tg I�I g.xa itz i� wMl fM tl,b obi.M s ,mal f N FO o MISSISSIPPI COVE mg tZ :8e "� ggq Y.a 0 �a k r�3 r O 1yq� ey4 apt }JPAWK er = m C G m_0 ger i� wMl fM tl,b obi.M s ,mal MISSISSIPPI COVE "� k 3 g r O 1yq� apt }JPAWK er 6= 55 �! c c '=' ^f v a o l Otsego, MN fiBC.& �SES� a arrnnB ate' i� wMl fM tl,b obi.M s ,mal MISSISSIPPI COVE "� k 3 g r O }JPAWK er Sect. 18, Twp. 121, Rng. 23 �! c c '=' ^f v a o l Otsego, MN arrnnB ate' v ? 0 �irncKm er m -• BOOK PACE, OUAUTY SITE DESIGN, LLC pa G,ow�M -boa 0.wap+.n, r �ar[cxm Br m mwr?nvru SGI£ 12FIlcu scut „"�""cJIJI JJo-wx LANDSCAPE PIAN V P n a v gyp_ hofih /M mJ) Jw Jou 4`{ e NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 01son Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephoke: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com 1 ITEM 6.2 MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht DATE: .18 August 2004 RE: ;Otsego — Code Enforcement NAC FILE: 1176.10 City staff and staff from our office initiated code enforcement efforts on 12 August 2004 using the administrative procedures recently adopted as part of the City Code. Properties that the City had received previous complaints about and high value targets IL were the focus of this intial sweep of the City's neighborhoods. Because the City Council may potentially hear appeals of citations, City Staff cannot discuss the circumstances or any specific property or status of any on-going enforcement efforts under these administrative provisions. A total of 32 administrative notices were mailed to property owners regarding identified City Code violations) City Staff has been receiving many calls from those that were sent notices regarding the alleged violations, required remedies and potential penalties for non-compliance witNhel notice. City staff and our office intend to re -inspect these 32 properties on or about 30 August 2004 and issue citations if the violations have not been addressed. i City staff has discussed monthly inspections of individual neighborhoods in a proactive effort to address exi16ting City Code violations. We will likely begin implementing this plan with the next cycle of property inspections. I� C. Mike Robertson . Judy Hudson Andy MacArthur ii AUG -17-04 TUE 04:49 PM AMERICAN LIBERTY CONST AMERICAN NCR R CONSTRUCTION, INC. GCNL-f iAt (,ONTnACh0li'] Auquist 16, 2%104 Ellen Stewart Damon I'orbor Associates 923 Nicollct Mall Minneapolis, MN 55402 Ro: l.ilypond Park Otsu.3u, MN (F) 612-332-0936 Change: Order Proposal No. TWO FAX N0, 763 477 9600 ITEM Contract #: DFA# 04-123 r P. 02 110-2 5900 Main Street P.O. Box 547 Rockford, MN 55373 Phone: (763) 477-9900 Fax: (763) 477-9600 Al the: Owner's roquest, the volleyball court is it) be deducted from the contract and a tennis court is to be cacici-d in plal"o of VIC volleyball court. The cost; for the tennis court are listed below. The credit for the v()lleyh. ll court is listed at the botlom, as this is a deductive alternate from the original bid. Note: Delivery of the tennis equipment may require a tirne extension, General Contractor Forces 01314(8) Carpenter Hours @ $ 45 /Hour $ Thn vic.ceptnnce of this Change Order will add 0 days to the substantial completion and final can,pir:tion datti s at a rato of $ - /day. Proposal subject to change if not accepted within 10 days. Ploase call if thero are any questions or comments. Accepted for: City of Otsego.. Very truly yours, Alta iic,"In Liberty C nstruction, Inc. Howard Jacob, Tn - Project Manager Date: Affirmative Action / Equal Opporlunily Employer Subtotal $ - Overl triad 10'% $ - SLOW121 $ - Subcorrtractor Forces: 02200(s) Fyle.'s Excavating - Subgrade preparation $ 200.00 02511(x) Butfalo Biturninous - Class V base & asphalt paving $ 12,900.00 02830(x) Century Ferlce - Chain link fence $ 9,950.00 02870(5) Blacktop Repair - Tennis posts & net $ 1,400,00 02870(x) Blacktop Repair - Court colored surfacing $ 3,900.00 SUbt0ta1 (Includes General Contractor Forces) $ 28,350.00 Profit 10% $ 2.,835.00 sublolal $ 31,165.00 General Contractor General Conditions Time Cxiortsion Days @ S 556.60 /Day $ - 01310(q) Project Manager 8 Hours @ $ 66.55 /Hour $ 532,40 01312(c)) Superintendent 0 Hours @ $ 66,55 /Hour $ - Bond / Insurance 1.50% $ 475.76 TOTAL ADD FOR TENNIS COURT $ 32,193.16 DEDUCT VOLLEYBALL. COURT $ (2,450.00) TOTAL AMOUNT THIS CHANGE ORDER $ 30,751.32 Thn vic.ceptnnce of this Change Order will add 0 days to the substantial completion and final can,pir:tion datti s at a rato of $ - /day. Proposal subject to change if not accepted within 10 days. Ploase call if thero are any questions or comments. Accepted for: City of Otsego.. Very truly yours, Alta iic,"In Liberty C nstruction, Inc. Howard Jacob, Tn - Project Manager Date: Affirmative Action / Equal Opporlunily Employer