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09-08-03 CC
I-rEM 3.3_ CITY COUNCIL WORKSHOP 5 PM, THURSDAY SEPTEMBER 4, 2003 1. Mayor Fournier call the Workshop to order. Mayor Fournier called the Workshop to order at 5:16 PM. Roll Call: Mayor Larry Fournier; Councilmembers: Vern Heidner, Virginia Wendel, Jerry Struthers and Dan Scharber. Staff. Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Adm.; Ted Field, Project Engineer from Bonestroo and Karen Cavett, Assistant Project Engineer from Bonestroo. 2. Discussion of Sewer and Water Systems. Ted Field reviewed the MPCA Permit for the East Plant III. Because of future regulations from MPCA there are two options for the City. One option is to build the expansion to 1.5 million gallons for a 9 million dollar project; an increase of 4 million dollars if a 1 million gallon plant was built. If 1.5 million gallon it would take an additional 2 to 3 months for MPCA to complete their review. Ted Field would need 5 to 6 months to prepare plans and specs for bidding. This would be a 15 to 18 month construction period and would be on line fall of 2005. The Council directed Mike Robertson to get cost estimates from Ted Field and for Mike to look at the financing. 3. Any other Council Business. Ted Field and Karen Cavett went over the bids for the West Treatment Plant, which they felt were good and they came in under the estimated cost. The Council will consider at the September 8, 2003 City Council Meeting. Workshop �djoumed. ayor L rX F rnier Attest. Ju uds n City Clerk N 4 est WWTF Borson 2-107 Construction Inc Gridor Construction Co. Madson Johnson Corp. Rice lake Const. Group 1,Thor !!ction KIP-�I'(lec� C'D• �-BaseBid FRemoval eatment Facilit 11 C CO G,, 2-(0, 54 CX) �, 5gb, bW (a, 254 Cr;O (e, 4-701 om suitable material, onsite disposal and grading. pply, hauling, placement and coo OM 4,5M (�, t0b OD LGOMpactionof free draining nular backfill. tal Base Bid (3 (0 I O 7 7 pp 15 , Z00 14, CCA (3 a� Part 2 - Alternate Bid Items: Alternate 1A - Form Liner Alternate 113- Form Liner 2d4 CCD 40, CM O2C" -I I ZdD 15, Sob Z'} COD gp�j Alternate 1 C - Form Liner Alternate 1 D -Form Liner Alternate 1 E - Form Liner with t�0 p ppb 12, Cpp eco Z�OU Color Stain. Alternate 1 F - Form Liner with 3 5 �-CO q I U, cco 60 cco Color Stain. Cko. 20, cxx:) V1 CCO ico Alternate 2A - Trojan UV Disinfection System Alterante 213 - Trojan UV O I , C )D 120 ptJd Op , COO Disinfection System with Auto. Cleaning System Z3 , CJCO 155, OX-) 125, CX7J ( Cpd 3 D�7 Alternate 3A - Wedeco UV b oco Disinfection System Alternate 36 - Wedeco UV C�G���-�j col coo CC0 Disinfection System with Auto. Cleaning System 106. Z{M 125, ((D5, CM $5 Qro Alternate No. 4 - Trees, -Shrubs and Perennial Plants 2-5, OCO 23, Coo Z's (700 Z C00 CLAIMS LIST CITY COUNCIL MEETING SEPTEMBER 8, 2003 TO: Judy Hudson Attached is the Claims List for the City Council. For more details, please refer to the Check Detail Registers. If you have any questions regarding this service, please let me know. Claims Register 08-25-2003 $ 22,836.23 09-04-2003 $ 230,205.32 GRAND TOTAL $ 253,041.55 If you have any questions or if you would like to review this list further, please let me know. Kathy Grover Bookkeeper CITY OF OTSEGO 08/27/03 1:38 PM Page 1 "Check Summary Register© AUGUST 2003 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid ENCOMM MIDWEST INC $22,836.23 WTP PUMP HOUSE #3 Total Checks $22,836.23 FILTER: None CITY OF OTSEGO 08/27/03 1:38 PM Page 1 *Check Detail Register© AUGUST 2003 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid ENCOMM MIDWEST INC E 428-49400-500 Capital Outlay (GENERAL) $22,836.23 PAY 1 WTP PUMP HOUSE #3 Total ENCOMM MIDWEST INC $22,836.23 10100 BANK OF ELK RIVER $22,836.23 Fund Summary 428 WEST WATER PROJ 10100 BANK OF ELK RIVER $22,836.23 $22,836.23 CITY OF OTSEGO 09/04/03 9:23 AM Page 1 "Check Summary Register© SEPTEMBER 2003 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid BOB KILLIAN ELECTRIC COMPA $1,897.80 ELECTRIC PRAIRIE PARK UnPaid BOISE CASCADE OFFICE PROD $494.84 OFFICE SUPPLIES UnPaid BONESTROO ROSENE ANDERLI $82,054.07 WEST WWTP UnPaid BRAUN INTERTEC $218.00 WEST TRUNK WATERMAIN UnPaid BREZE INDUSTRIES $39.60 MISC HEARING PROT/PLUGS UnPaid CARLSON TRACTOR & EQUIP. C $507.27 MOWER UnPaid CHARTER COMMUNICATIONS $99.95 CABLE UnPaid CITY OF MONTICELLO $232.00 JULY ANIMAL CONTROL UnPaid ECM PUBLISHERS INC $1,085.43 OTSEGO VIEW UnPaid FENNA HOMES $1,000.00 8274 PADRE CRT LNDSCP UnPaid FINKEN'S WATER CARE $85.18 13620 90TH ST UnPaid FLOYD TOTAL SECURITY $593.95 WELL HOUSE UnPaid FORTIS BENEFITS INSURANCE $93.74 PW STD SEPT UnPaid GODFATHER'S PIZZA $48.96 BUDGET MEETING UnPaid GRANITE CITY LEASING INC $34.02 TOSHIBA FAX UnPaid HAKANSON ANDERSON ASSOC $121,131.72 RIVERPOINTE 1 UnPaid HEARTHSTONE BUILDERS $1,000.00 7898 PARK LNDSCP REFUND UnPaid HOMES PLUS $1,000.00 9931 JANDEL LNDSCP REFUND UnPaid ICMA RETIREMENT TRUST $422.31 PPE 8/30 CK DTD 9/3 UnPaid MAMA $18.00 MIKE 8/21 MEETING UnPaid MONTICELLO ANIMAL CONTROL $66.00 PICKUP 2 DOGS UnPaid PRINCIPAL FINANCIAL GROUP $685.46 PW - SEPT JnPaid PUBLIC EMPLOYEES RETIREME $1,432.01 PPE 8/30 CK DTD 9/3 JnPaid PURCHASE POWER $60.60 POSTAGE UnPaid R -WAY PUMPING INC $7,372.00 PUMPING OF WWTP UnPaid RANDY'S SANITATION $105.81 8899 NASHUA UnPaid REED BUSINESS INFORMATION $351.26 KC TRUNK BID AD UnPaid STS CONSULTANTS LTD $3,726.75 SCHOOL KNOLL UnPaid SUPERIOR LAWN & SNOW $1,869.07 CITY HALL/BIKE PATHS UnPaid TC BUILDERS INC $1,000.00 7870 PADGETT AVE LNDSCP UnPaid THE METTLE WORKS $150.00 WOMAN IN WILDERNESS UnPaid TROPHIES PLUS $236.89 NAME PLATES UnPaid UNLIMITED ELECTRIC INC $1,067.63 REMODEL UnPaid WRIGHT COUNTY HIGHWAY DE $25.00 UTILITY PERMIT - WEST Total Checks $230,205.32 FILTER: None CITY OF OTSEGO 09/04/039:25 AM Page 1 *Check Detail Register© SEPTEMBER 2003 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid a 808 KILLIAN ELECTRIC COMPANY E 203-45210-390 Contracted Services $1,897.80 03-8899-1 ELECTRIC PRAIRIE PARK Total BOB KILLIAN ELECTRIC COMPANY $1,897.80 Unpaid BOISE CASCADE -OFFICE PRODUCTS __ _� E 101-41400-201 Office Supplies $176.40 848609 OFFICE SUPPLIES E 101-41400-570 Office Equip and Furnishings $318.44 893540 TIM'S CHAIR Total BOISE CASCADE OFFICE PRODUCTS $494.84 Unpaid BONESTROO ROSENE ANDERLIK E 429-43256-302 Engineering Fees $5,009.07 101122 EAST WWTP E 429-43256-302 Engineering Fees $345.00 101123 EAST WWT III EAW E 430-43100-302 Engineering Fees $76,700.00 101124 WEST WWTP Total BONESTROO ROSENE ANDERLIK $82,054.07 Unpaid w BRAUN INTERTEC - E 428-49400-302 Engineering Fees $218.00 410032 WEST TRUNK WATERMAIN Total BRAUN INTERTEC $218,00 Unpaid _ BREZE INDUSTRIES E 101-43100-203 Supplies - General $39.60 15878 MISC HEARING PROT/PLUGS Total BREZE INDUSTRIES $39.60 Inpaid CARLSON TRACTOR & EQUIP. CO. E101-43100-220 Repair/Maint Supply (GENERAL) $427.62 1042020 MOWER E101-43100-220 Repair/Maint Supply (GENERAL) $79.65 2010668 MOWER Total CARLSON TRACTOR & EQUIP. CO. $507.27 Unpaid CHARTER COMMUNICATIONS E 101-41400-390 Contracted Services $99.95 CABLE Total CHARTER COMMUNICATIONS $99.95 Unpaid CITY OF MONTICELLO E 101-42710-390 Contracted Services $232.00 7396 JULY ANIMAL CONTROL Total CITY OF MONTICELLO $232.00 Unpaid ECM PUBLISHERS INC E 101-41400-350 Print/Binding (GENERAL) $54.15 151767 OTSEGO WEST LLC E 101-41400-350 Print/Binding (GENERAL) $48.45 151768 JANSEN E 101-41400-350 Print/Binding (GENERAL) $48.45 151769 TORGESON E 101-41400-350 Print/Binding (GENERAL) $22.80 151770 ADV FOR BIDS E 101-41400-350 Print/Binding (GENERAL) $65.55 152221 ORDINANCE 2003-13 E 101-41400-350 Print/Binding (GENERAL) $91.20 152222 RES 2003-67 E 101-41400-350 Print/Binding (GENERAL) $94.05 152223 RES 2003-68 E 101-41400-350 Print/Binding (GENERAL) $162.45 152224 NO DISCHARGE MAP E 101-41400-347 Newsletter $119.70 152350 VIEW INSERTS E 101-41400-347 Newsletter $378.63 152637 OTSEGO VIEW Total ECM PUBLISHERS INC $1,085.43 Unpaid�I FENNA HOMES E 702-41400-310 Miscellaneous $1,000.00 8274 PADRE CRT LNDSCP Total FENNA HOMES $1,000.00 Unpaid FINKEN'S WATER CARE' E 101-41950-310 Miscellaneous $29.82 13620 90TH ST E 101-43100-310 Miscellaneous $28.81 13474 95TH ST SHOP E 101-41940-390 Contracted Services $26.55 CITY HALL CITY OF OTSEGO 09/04/03 9:25 AM *Check Detail Register© Page 2 SEPTEMBER 2003 Check Amt Invoice Comment Total FINKEN'S WATER CARE $85.18 UnpaidwFLOYD TOTAL SECURITY E 601-49400-310 Miscellaneous $593.95 710636 WELL HOUSE Total FLOYD TOTAL SECURITY $593.95 Unpaid — FORTIS BENEFITS INSURANCE CO -- E 101-43100-130 Employer Paid Ins (GENERAL) $40.19 PW STD SEPT E 101-41400-130 Employer Paid Ins (GENERAL) $53.55 ADMIN STD SEPT Total FORTIS BENEFITS INSURANCE CO $93.74 Unpaid GODFATHER'S PIZZA----"" -- E 101-41400-310 Miscellaneous $48.96 82203 BUDGET MEETING Total GODFATHER'S PIZZA $48.96 Unpaid—� GRANITE CITY LEASING INC — -- E 101-41400-413 Office Equipment Rental $34.02 30 TOSHIBA FAX Total GRANITE CITY LEASING INC $34.02 Unpaid HAKANSON ANDERSON ASSOC INC G 701-22354 ORRIN THOMO CONCEPT $2,347.20 8622 RIVER PLACE G 701-22369 DR H ZIMMER PROP $1,575.00 8623 ZIMMER PROP G 701-22368 ROLLING MEADOWS $585.00 8624 ROLLING MEADOWS G 701-22366 MARTIN FARMS $3,207.38 8625 MARTIN FARMS G 701-21974 Prairie Creek 4th $129.94 8626 PC 4TH G 701-21941 Pulte Prairie Crk 2nd $212.44 8627 PC 2ND E 420-43100-302 Engineering Fees $1,896.71 8629 PAGE 79TH TO 85TH E 436-43100-302 Engineering Fees $14,095.89 8630 85TH ST PROJECT E 435-43100-302 Engineering Fees $5,668.81 8631 85TH ST PROJECT G 701-21940 The "Point 1 & 2"- Big Ed's $82.50 8632 THE POINTE G 701-21927 0. Thompson CUP 99-18 $1,090.35 8633 RIVERPOINTE 1 G 701-22321 RIVERPOINTE 2ND $362.80 8634 RIVERPOINTE 2 G 701-22331 PHEAST RIDGE 6 $584.70 8635 PHEAST RIDGE 6TH G 701-22332 PHEAST RIDGE 7 $378.45 8636 PHEAST RIDGE 7TH G 701-21977 Stone Gate 2nd $1,250.10 8637 STONEGATE 2 G 701-21993 Otsego Farms $429.25 8638 OTSEGO FARMS G 701-22361 SUN RAY FARMS $1,710.00 8639 SUN RAY FARMS G 701-21973 Pheasant Ridge 5th $1,252.05 8640 PHEAST RIDGE 5 E 435-43100-302 Engineering Fees $19,564.98 8641 85TH ST PROJECT E 423-43100-302 Engineering Fees $1,465.32 8642 42 & 39 E 101-43100-302 Engineering Fees $923.40 8643 03 ROAD MAINT G 701-22312 FEMAFLOODAREAPARISH $980.88 8646 PARRISH FEMA E 203-45210-302 Engineering Fees $540.99 8647 SCHOOL KNOLL PARK E 203-45210-302 Engineering Fees $1,370.78 8648 PRAIRIE PARK E 423-43100-302 Engineering Fees $379.32 8649 QUADAY & 91 ST G 701-22341 WATERFRONT FAM REST $166.80 8650 EMBERS G 701-22342 WATERFRON CONV STORE $166.80 8651 HOLIDAY G 701-22349 ARBOR CREEK $7,789.56 8652 ARBOR CREEK G 701-22356 KITTR CROSS PPRZ $90.00 8653 KITTREDGE CROSSING G 701-22363 WWTP -WEST $262.50 8654 WEST SEWER PLANT G 701-22315 OTSEGO MEADOWS GOLF $3,423.00 8655 RIVERWOOD NATIONAL G 701-22353 PLFRM ORRIN THOMP $2,232.73 8657 PLEAST CREEK FARMS E 408-43100-302 Engineering Fees $478.09 8658 OT CREEK WATERSHED E 101-41560-302 Engineering Fees $744.90 8661 1 94 STUDY E 428-49400-302 Engineering Fees $1,796.92 8663 WELLS 4 & 5 G 701-22365 WATERTOWER W 2 $3,655.88 8664 WEST WATER TOWER G 701-22364 #3PUMPHOUSE WEST $3,951.96 8665 PUMP HOUSE E 101-41400-348 Maps $141.64 8668 CITY MAP E 428-49400-302 Engineering Fees $19,910.59 8669 TRUNK WATERMAIN CITY OF OTSEGO 09/04/03 9:25 AM *Check Detail Register© Page 3 SEPTEMBER 2003 Check Amt Invoice comment E 101-41560-302 Engineering Fees $2,355.90 8670 MISC ENG E 10141560-302 Engineering Fees $700.20 8671 STAFF MEETING G 701-22370 KC TRUNK UTIL IMP $11,180.01 8672 KIT CROSS TRUNK Total HAKANSON ANDERSON ASSOC INC $121,131,72 9931 JANDEL LNDSCP REFUND Un aid----W--�--_.�...-�..__.�-..��..__.. _ "--Y— P HEARTHSTONE BUILDERS Total HOMES PLUS -_______— E 702-41400-310 Miscellaneous $1,000.00 7898 PARK LNDSCP REFUND Total HEARTHSTONE BUILDERS $1,000.00 Unpaid HOMES PLUS E 702-41400-310 Miscellaneous $1,000.00 9931 JANDEL LNDSCP REFUND Total HOMES PLUS $1,000.00 Unpaid P �. [CMA RETIREMENT TRUST G 101-21705 Other Retirement $230.00 PPE 8/30 CK DTD 9/3 E 101-41400-121 PERA $192.31 PPE 8/30 CK DTD 9/3 Total ICMA RETIREMENT TRUST �AAAMA��'� $422.31 Unpaid E 101-41400-360 Education/Training/Conferences $18.00 679 MIKE 8/21 MEETING Total MAMA $18.00 Unpaid MONTICELLO ANIMAL CONTROL E 101-42710-390 Contracted Services $66.00 389 PICKUP 2 DOGS Total MONTICELLO ANIMAL CONTROL $66.00 Unpaid ..___ PRINCIPAL FINANCIAL GROUP -- E 101-43100-123 Health $287.97 PW - SEPT E 101-41400-123 Health ($36.39) CAROL OLSON REMOVED E 101-41400-123 Health $433.88 ADMIN - SEPT Total PRINCIPAL FINANCIAL GROUP $685.46 Unpaid�'��' PUBLIC EMPLOYEES RETIREMENT FD — - — G 101-21704 PERA $687.04 PPE 8/30 CK DTD 9/3 E 101-41400-121 PERA $371.94 PPE 8/30 CK DTD 9/3 E 101-41550-121 PERA $157.05 PPE 8130 CK DTD 9/3 E 101-43100-121 PERA $215.98 PPE 8/30 CK DTD 913 Total PUBLIC EMPLOYEES RETIREMENT FD — $1,432.01 Unpaid .ASE POWER -- E 101-41400-206 Postage $60.60 POSTAGE Total PURCHASE POWER $60.60 Unpaid — R -WAY PUMPING INC -- E 602-49450-390 Contracted Services $7,372.00 1140 PUMPING OF WWTP Total R -WAY PUMPING INC $7,372.00 Unpaid RANDY'S SANITATION E 101-43100-325 Garbage Service $40.54 SHOP E 101-41940-325 Garbage Service $65.27 8899 NASHUA 'Jnpaid Total RANDY'S SANITATION $105.81 REED BUSINESS INFORMATION"--� -- E 430-43100-350 Print/Binding (GENERAL) $154.70 2393104 WEST WWTF G 701-22370 KC TRUNK UTIL IMP $98.28 2396001 KC TRUNK BID AD G 701-22370 KC TRUNK UTIL IMP $98.28 2399224 KC TRUNK BID AD Total REED BUSINESS INFORMATION $351.26 Unpaid ��..�....a 'r. STS CONSULTANT'S LTD CITY OF OTSEGO 09/04/03 9:25 AM *Check Detail Register© Page 4 SEPTEMBER 2003 Check Amt Invoice Comment E 203-45210-302 Engineering Fees $3,726.75 246620 SCHOOL KNOLL Total STS CONSULTANTS LTD $3,726.75 Unpaid SUPERIOR LAWN &SNOW — -- E 602-49450-390 Contracted Services $78.81 265 SEWAGE PLANT E 101-41950-310 Miscellaneous $125.68 265 OLD CITY HALL E 101-45200-390 Contracted Services $638.98 265 PARKS E 101-41940-390 Contracted Services $830.72 265 CITY HALL/BIKE PATHS E 601-49400-390 Contracted Services $194.88 265 PUMP HOUSE/WATER TOWER Total SUPERIOR LAWN & SNOW $1,869.07 Unpaid TC BUILDERS INC"`i� E 702-41400-310 Miscellaneous $1,000.00 7870 PADGETT AVE LNDSCP Total TC BUILDERS INC $1,000.00 Unaid u—�----�--»�--�._..�......�..,. p THE METTLE WORKS E 101-45300-350 Print/Binding (GENERAL) $150.00 1239 WOMAN IN WILDERNESS Total THE METTLE WORKS $150.00 Unpaid TROPHIES PLUS E 101-41400-310 Miscellaneous $236.89 NAME PLATES Total TROPHIES PLUS $236.89 Unpaid ��ara�UNLIMITED ELECTRIC INC — --- -- E 101-41940-403 Improvements to Bldgs $476.34 5952 REMODEL E 101-41940-403 Improvements to Bldgs $591.29 5971 REMODEL Total UNLIMITED ELECTRIC INC $1,067.63 Unpaid WRIGHT COUNTY HIGHWAY DEPT E 428-49400-310 Miscellaneous $25.00 3875 UTILITY PERMIT - WEST Total WRIGHT COUNTY HIGHWAY DEPT $25.00 10100 BANK OF ELK RIVER $230,205.32 Fund Summary 101 GENERAL FUND 203 PARK DEVELOPMENT 408 Otsego Creek Watershed 420 Page Ave. Street Construction 423 Quaday Watefront Project 428 WEST WATER PROJ 429 WWTP-East Phase 2 430 West Trtmnt Plant -Phase 1 435 85th Street Project - East 436 85th Street Project - West 601 WATER FUND 602 SEWER FUND 701 DEVELOPMENT ESCROWS FUND 702 BUILDERS ESCROW FUND 10100 BANK OF ELK RIVER $13,427.12 $7,536.32 $478.09 $1,896.71 $1,844.64 $21,950.51 $5,354.07 $76,854.70 $25,233.79 $14,095.89 $788.83 $7,450.81 $49,293.84 $4,000.00 $230,205.32 1TFM 5.2_ RESOLUTION NO. 2003-74 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION SETTING A PRELIMINARY TAX LEVY OF $1,673,967 FOR 2004 BUDGET APPROPRIATIONS WHEREAS, The Otsego City Council is required by State law to establish a preliminary tax levy for 2004 by September 15, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO, MINNESOTA 1. That there is hereby approved for proposed expenditure from general taxes the following sums for the purpose indicated. General Government $1,303,335 1999 Overlay Debt Service $ 55,000 Equipment Certificate $ 26,000 2003 Debt service $ 289.632 Total Tax Levy $1,673,967 Dated this 8th day of September, 2003 CITY OF OTSEGO Larry Fournier, Mayor ATTEST: Judy Hudson, City Clerk Hakanson Anderson Assoc., Inc. 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Phone: 763/427-5860 Fax: 763/427-0520 Consent Agenda 9/8/03 City of Otsego Project Name Pay Estimate # Project No. Contractor Amount Quaday Ave. & 91St St. 6 02-03 Arcon $ 4,644.72 CSAH 42 and CSAH 39 Signals 5 02-04 Design Electric $ 38,329.45 Water Tower #2 1 03-02 CB&I $102,723.50 Wells #4 and 45 1 03-05 Traut Wells $ 76,997.50 Trunk Watermain CSAR 19 and 70th Street 2 03-06 LaTour Const. $ 36,791.05 85th & Page Ave. 4 02-06 02-09 02-10 Dresel Cont. $351,903.93 Total $611,390.13 Civil 'Municipal �� Engineering Land Surveying for Pay Estimate No. 5 City of Otsego Improvement Project 02-04 CSAH 39 and CSAR 42 Traffic Signals "eptember 8, 2003 morabie Mayor & City Counci ,ity of Otsego 8899 Nashua Avenue NE Otsego, MN 5533C RE: Improvement Project No. 02-04, CSAH 39 and CSAH 42 Traffic Signal Contracl ctor. Design Electrical Contractor: Contract Amount: $520,656.8C Award Date: July 22, 2002 Completion Date: January 1, 2003 Dear Council Members: The following work has been completed on the above referenced projec Bid Schedule "A" - Streets Item Description Contract Quantity Unit Unit Price Used To Date Extension 1 Mobilization 1 LS $10,000.00 1 $10,000.0 2 Remove 3" Concrete Median 465 SY $7.14 346.44 $2,473.58 3 Remove 6" Concrete Median 20 SY $39.74 0 $0.00 4 Remove Curb and Gutter 1,550 LF $3.62 2354.2 $8,522.20 5 Remove Bituminous Pavement 1,370 SY $2.05 2188.08 $4,485.5 6 Sawing Bit Pavement Full Depth) 3,800 LF $2.36 5550 $13,098.0 7 Sawing Concrete Curb and Gutter and SW 50 LF $21.00 20 $420.00 8 Common Excavation EV 620 CY $9.08 620 $5,629.60 9 Granular Borrow LV 700 CY $11.03 700 $7,721.0 10 Topsoil Stripping EV 820 CY $9.98 410 $4,091.80 11 1 Class 5 Aggregate Base 7" 2,250 TON J$8.66 2084.8 $18,054.3 12 Mill Bituminous Surface 425 SY $5.88 349.17 $2,053.1 13 Type MV 4 Wearing Course Mixture C 660 TON $39.43 628.34 $24,775.4 14 Type LV 3 Non -Wearing Course Mixture B 1 150 TON $35.54 1356.32 $48,203.61 15 Bituminous Material For Tack Coat 600 GAL $1.05 525 $551.25 16 Adjust Frame & Ring Casting 1 EACH 1$183.75 1 $183.75 17 48" Diameter Storm MH/CB 1 EACH $1,837.50 1 $1,837.5 18 Connect to Existing Storm 1 EACH $2,257.50 1 $2,257.50 19 Concrete Median 3" 860 SY $21.74 860 $18,696.4 20 Concrete Curb & Gutter Design 8618 500 LF $9.08 $0.00 21 Concrete Curb & Gutter Design 8624 2,050 LF $9.77 2478.95 $24,219.3 22 Traffic Control 1 LS $6,825.00 1 $6,825.00 23 Si n Panels, Type C 205 SF $21.53 186.5 $4,015.35 24 Pavement Message Ri ht Arrow - Epoxy 8 1 EACH $78.75 12 $945.00 25 Pavement Message Left Arrow - Epoxy 14 EACH 1$78.75 13.5 $1,063.1 26 Pavement Message "ONLY" - Epoxy 19 EACH $89.25 17 $1,517.2 27 4" Solid Line Yellow - Epoxy 1,650 LF $0.19 8693 $1,651.67 28 4" Solid Line White - Epoxy 8,500 LF $0.18 11846 52,132.28 29 8" Solid Line White - Epoxy 60 1 LF $0.36 0 $0.00 FILE: Share\Municipal/aotsepo/o1349pe SHEET: PAY ESTIMATE 5 Pay Estimate No. 5 City of Otsego Improvement Project 02-04 CSAH 39 and CSAH 42 Traffic Signals d Schedule "A" - Streets (Continued) Item Description Contract Quantity Unit Unit Price Used To Date Extension 30 24" Solid Line Yellow -Epoxy (Hatching) 300 LF $4.18 441 $1,843.3 31 24" Stop Line White - Epoxy 360 LF $4.10 232 $951.20 32 Tx 10' Pedestrian Cross Walk 2,500 SF $2.05 0 $0.00 33 Bale Check 10 EACH $6.83 6 $40.98 34 Silt Fence, Type Machine Sliced 100 LF $3.68 0 $0.00 35 Seeding - T e Lawn Restoration 0.5 ACRE $1,050.00 0.5 $525.00 36 Seedinq Mixture - 60B 75 LBS $3.15 75 $236.25 37 Commercial Fertilizer, 10-10-10 250 LBS $0.42 250 $105.00 38 Hydraulic Soil Stabilizer Type 5 0.65 TON $3,360.00 0.65 $2,184.00 39 Full T Act T Control Signal System 1 SIGS $150,341.00 1 $150,341.0 40 2" Non -Metallic Conduit 2,650 LF $2.79 2842.2 $7,929.7 41 3" Non -Metallic Conduct 70 LF J$5.27 219.8 $1,158.3 42 2" Rigid Steel Conduit 230 LF 1$8.20 231 $1,894.20 43 Underground Wire 1 Cond. No. 2 750 LF $0.87 978 $850.86 44 Underground Wire 1 Cond. No. 4 7,920 LF $0.62 17424 $10,802.8 45 Underground Wire 1 Cond. No. 8 10,560 LF $0.47 2084.4 $979.67 46 Service Cabinet - Lighting/Outlets 1 EACH $3,990.00 1 $3,990.00 47 Service Cabinet Foundation 1 EACH $790.00 1 $790.00 48 Lighting Unit Type II 12 EACH $397.00 12 $4,764.00 49 Liqhtinq Unit Type I Foundation 29 EACH $377.00 29 $10,933.0 50 Lighting Unit Type II 12 EACH 1$1,607.00 11 $17,677.0 51 Lighting Unit Type 1 29 EACH 1$3,079.00 28 $86,212.00 52 Pull Box Design M Is 2 EACH $527.00 0 $0.00 53 Benches 4 EACH $183.75 6 $1,102.50 54 JTrash Receptacles 2 EACH $143.85 2 $287,70 Total Bid Schedule "A" Chanoe Order #1 $521,022.41 Change Order #1 FILE: ShareWunicipal/a0tsepiot349pe SHEET: PAY ESTIMATE 5 $5,102.44 Contract Used To Item Description Quantity Unit Unit Price Date Extension 1 Removal and La out 1 LS 1$1,500.00 1 $1,500.00 2 4" Solid White Paint 5,000 LF 1 $0.14 4934.2 $690.79 3 4" Solid Yellow Paint 1,650 LF $0.15 1686.1 $252.92 4 8" Solid White Paint 300 LF $0.30 300.1 $90.03 5 24" Solid White Stop Bar Paine 360 LF $2.75 229.6 $631.40 6 12" Solid Yellow Xhatch Paint 150 LF $1.50 87 $130.50 7 12" Sold White Xhatch Paine 100 LF $1.50 54.3 $81.45 8 Tum Arrows White Paine 22 EA $43.50 29 $1,261.50 Subtotal $4,638.58 Prime Contractor 10% Marku $463.86 Change Order #1 FILE: ShareWunicipal/a0tsepiot349pe SHEET: PAY ESTIMATE 5 $5,102.44 Pay Estimate No. 5 City of Otsego Improvement Project 02-04 CSAR 39 and CSAR 42 Traffic Signals ,UMMARY Bid Schedule "A" $521,022.41 Change Order #1 $5,102.44 WORK COMPLETED TO DATE: $526,124.85 LESS 5% RETAINAGE: $26,306.24 LESS LIQUIDATED DAMAGES ASSESSED $1,500.00 LESS PAY ESTIMATE NO. 1 $53,634.47 LESS PAY ESTIMATE NO. 2 $125,247.43 LESS PAY ESTIMATE NO. 3 $143,369.36 LESS PAY ESTIMATE NO. 4 $137,737.90 WE RECOMMEND PARTIAL PAYMENT OF: $38,329.45 APPROVALS: CONTRACTOR: Design Electrical Contractors Certification by Contractor. I certify that all items and amounts are correct for the work completed to dat Signed: Title: Date: ENGINEER: Certification by Engineer. We recommend payment for work and quantities as show, HAKANSON ANDERSON ASSOCIATES, INC. Signed: Title: OWNER: CITY OF OTSEGO Signed: Title: FILE: Share\Municipal/aotsego/ot349pe SHEET: PAY ESTIMATE 5 Date: Date: September 2, 2003 Honorable Mayor & City Council ':ity of Otsego B99 Nashua Avenue NE Otsego, MN 55330 Pay Estimate No. 6 City of Otsego Improvement Project 02-03 Quaday Avenue NE and 91st Street NE RE: Improvement Project No. 02-03, Quaday Avenue NE and 91st Street NE Contractor: Arcon Construction Contract Amount: $1,054,085.50 Award Date: 5/28/02 Completion Date: September 15, 2002 Dear Council Members: The following work has been completed on the above referenced project: Bid Schedule "A" - Streets Item Description Contract Quantity Unit Unit Price Used To Date Extension 1 Mobilization 1 LS $20,000.00 1 $20,000.00 2 Remove Culvert 94 LF $6.00 94 $564.00 3 Remove Bituminous Pavement 50 SY 1 $3.00 0 $0.00 4 Sawing Bit Pavement Full Depth) 200 LF $4.00 0 $0.00 5 Salvage & Reinstall Sin 1 EACH $120.00 0 $0.00 6 Common Excavation P 7,070 CY $3.33 7070 $23,543.10 7 Topsoil Stripping P 15,260 CY $1.15 15260 $17,549.00 8 Class 5 Aggregate Base 7" 3,300 TON $10.87 50392 $54,776.10 9 Mill Bituminous Surface 25 SY $5.73 0 $0.00 10 Type LV 4 Wearinq Course Mixture C 1,190 TON $32.73 0 $0.00 11 Type LV 3 Non -Wearing Course Mixture B 1,480 TON $28.30 1396.74 $39,527.74 12 Bituminous Material For Tack Coat 550 GAL $1.00 250 $250.00 13 Adjust Valve Box 34 EACH $150.00 10 $1,500.00 14 Adjust Frame & Ring Casting 16 EACH $300.00 11 $3,300.00 15 Raise Ex. Manhole w/ Barrel Sections 6 VF $160.00 6 $960.00 16 Raise Ex. Valve Box 1 VF $150.00 6 $900.00 17 Raise Ex. Hydrant 1' H drant Extension 1 EACH $285.00 3 $855.00 18 Stamped Concrete Sidewalk (4") (see COI) 1,700 SY $57.00 0 $0.00 19 Stamped Concrete Sidewalk 6" 150 SY $62.00 159.39 $9,882.18 20 Construct Pedestrian Curb Ramp 6 EACH $200.00 7 $1,400.00 21 Concrete Median (6") (See CO1 ) 470 SY $28.50 0 $0.00 22 Concrete Curb & Gutter Design. B618 5,600 LF $7.00 5253.23 $36,772.61 23 6" Concrete Apron / Valley Gutter 250 SY $29.00 272.65 $7,906.85 24 Traffic Control 1 LS $2,500.001 1 $2,500.00 25 1 Si n Panels, Type C 420 SF $21.50 296 $6,364.00 26 Pavement Message (Right Arrow - Epoxy 24 EACH $76.00 0 $0.00 27 Pavement Message Left Arrow - Epoxy 20 EACH $76.00 0 $0.00 FILE: SharelMunicipal/aotseDO/0,347pe SHEET: PAY ESTiMATF 5 Pay Estimate No. 6 City of Otsego Improvement Project 02-03 Quaday Avenue NE and 91st Street NE J Schedule "A" - Streets (Continued) Item Description Contract Quantity Unit Unit Price Used To Date Extension 28 Pavement Message Thru Arrow - Epoxy 20 EACH $76.00 0 $0.00 29 4" Solid Line White - Eooxy 3,000 LF $0.36 0 $0.00 30 12" Solid Line White - Epoxy 450 LF $1.25 0 $0.00 31 24" Stop Line White - Epoxy 185 LF $2.50 0 $0.00 32 Bale Check 30 EACH $5.00 38 $190.00 33 Silt Fence, Type Machine Sliced 4,500 LF $1.75 0 $0.00 34 Seeding - T eLawnRestoration 3 ACRE $1,500.00 3 $4,500.00 35 Sodding -Type Lawn Restoration 2,250 SY $2.50 2025 $5,062.50 36 Seeding Mixture - 60B 300 LBS $2.20 300 $660.00 37 lCommercial Fertilizer, 10-10-10 1,500 LBS $0.25 1500 $375.00 38--J Hydraulic Soil Stabilizer Type 5 1 TON $630.001 1 $630.00 39 Hydraulic Soil Stabilizer Type 6 3 TON $630.00 3 $1,890.00 Total Bid Schedule "A" Bid Schedule "B" - Watermain $241,858.09 Item Description Contract Quantity Unit Unit Price Used To Date Extension 40 Connect to Existing Watermain 1 LS $300.00 4 $1,200.00 41 16" Ductile Iron Pipe CI 52 1440 LF $28.95 1440 $41,688.00 2 12" Ductile Iron Pipe Cl 52 790 LF $19.55 790 $15,444.50 43 8" Ductile Iron Pipe Cl 52 3425 LF $17.15 3435 $58,910.25 44 6" Ductile Iron Pipe Cl 52 365 LF $22.80 552.75 $12,602.70 45 Ductile Iron Fittin s 11,000 LB $1.65 7337 $12,106.05 46 16" Butterfly Valve and Box 4 EACH $1,425.00 4 $5,700.00 47 12" Butterfly Valve and Box 2 EACH $800.00 2 $1,600.00 48 8" Gate Valve and Box 18 EACH $675.00 13 $8,775.00 49 6" Gate Valve and Box 17 EACH $495.00 8 $3,960.00 50 Hydrant 8 EACH $1,670.00 10 $16,700.00 51 Hydrant Extension 24 LF $285.00 6.5 $1,852.50 52 Salvage and Reinstall 16" Plug 1 EACH $100.00 1 $100.00 53 2" Insulation 500 SF $1.40 448 $627.20 54 12" DIP CL 52, Fastite it., Installed by Jacking and 1 Boring of 20" Steel Casing 230 LF $165.00 245 $40,425.00 Total Bid Schedule "B" FILE: Share\Municipaliactseaoiot347pe SHEET: PAY ESTIMATE 6 $221,691.20 Pay Estimate No. 6 City of Otsego Improvement Project 02-03 Bid Schedule "C" -Storm Sewer Quaday Avenue NE and 91st Street NE am Description Contract Quantity Unit Unit Price Used To Date Extension 55 15" PVC SDR 26 16-18' Dee 203 LF $61.25 203 $12,433.75 56 15" PVC SDR 26 18-20' Deep 690 LF $61.25 690 $42,262.50 57 12" PVC SDR 26 18-20' Deep 427 LF $60.50 413 $24,986.50 58 12" PVC SDR 26 20-22' Dee 110 LF 1 $60.50 110 $6,655A0 59 10" PVC SDR 26 16-18' Deep 20 LF $55.95 20 $1,119.00 60 10" PVC SDR 26 18-20' Deep 10 LF $55.95 50 -$2,797.50 61 10" PVC SDR 26 20-22' Deep 416 LF $62.05 346 $21,469.30 62 10" DIP CL 52, Fastite Jt. 10-12' Deep 10 LF $69.10 0 $0.00 63 10" DIP CL 52 Fastite Jt., 12-14' Deep 9 LF $69.10 9 $621.90 64 10" DIP CL 52, Fastite Jt., 14-16' Deep 10 LF $69.10 10 $691.00 65 10" DIP CL 52, Fastite Jt. 16-18' Deep 36 LF $69.10 36 $2,487.60 66 10" DIP CL 52 Fastite Jt., 18-20' Deep 10 LF $69.10 10 $691.00 67 10" DIP CL 52 Fastite Jt., 20-22' Deep 60 LF $69.10 60 $4,146.00 68 8" PVC SDR 35 0-8' Dee 10 LF $15.15 0 $0.00 69 8" PVC SDR 35 8-10' Dee 252 LF $15.15 232 $3,514.80 70 8" PVC SDR 35 10-12' Dee 10 LF $15.15 0 $0.00 71 72 6" PVC SDR 35 Service Lateral Standard Sanitary Sewer Manhole 0-8' Dee 360 11 LF EA $17.40 $1,910.00 360 11 $6,264.00 $21,010.00 73 74 Manhole Overde th Outside Drop Connection 0-2' 126 1 VF EA $135.00 $960.00 117 1 $15,795.00 $960.00 75 Extra Depth Outside Drop Connectioin >2' 8 VF $65.00 8 $520.00 76 Connect to Existing Sanitary Sewer at Manhole 1 EA $1,180.00 1 $1,180.00 77 6" PVC Riser Pie 67 VF $17.40 57 $991.80 78 15"x 6" PVC Wye 2 EA $185.00 2 $370.00 79 12"x 6" PVC Wye 3 EA $125.00 3 $375.00 80 10"x 6" PVC Wye 2 EA $105.00 2 $210.00 81 8"x 6" PVC Wye 1 EA $65.00 1 $65.00 82 12" Plug 1 EA $60.00 1 $60.00 Z3 10" Plug 2 EA $55.00 2 $110.00 4 6" Plug 9 EA $30.00 9 $270.00 85 10" DIP CL 52, Fastite Jt., Installed by Jacking and Borinq of 18" Steel Casing 260 LF $180.00 260 $46800.00 86 ITelevise Sanitary Sewer 2533 ILF $0.60 2395 $1,437.00 Total Bid Schedule "C" Bid Schedule "D" - Storm Sewer $220,293.65 Item Description Contract Quantity Unit Unit Price Used To Date Extension 87 42" RC Pipe Apron 1 EACH $1,085.00 1 $1,085.00 88 36" RC Pie Apron 1 EACH $900.00 1 $900.00 89 45" x 73" RC Arch Pipe Apron w/ Dro wall 1 EACH $1,545.00 1 $1,545.00 90 15" RC Pipe Sewer Design 3006 CL V all depths) 80 LF $29.80 79 $2,35420 91 92 18" RC Pipe Sewer Design 3006 CL III all depths) 21" RC Pipe Sewer Design 3006 CL III all depths) 48 61 LF LF $31.50 $32.50 48 61 $1,512.00 $1,982.50 93 94 95 27" RC Pipe Sewer Design 3006 CL III all depths) 30" RC Pipe Sewer Design 3006 CL III all depths 33" RC Pipe Sewer Design 3006 CL III all depths) 160 64 275 LF LF LF $37.45 $44.50 $46.75 160 65 275 $5,992.00 $2,892.50 $12,856.25 96 36" RC Pipe Sewer Design 3006 CL III all depths) 59 LF $55.60 59 $3,280.40 97 42" RC Pipe Sewer Design 3006 CL III (all depths) 864 LF $31.051 820 1 $25 461.00 FILE: Share%Municipal/aotseo0/ot347pe SHEET. PAY ESTIMATE 6 Pay Estimate No. 6 City of Otsego Improvement Project 02-03 Quaday Avenue NE and 91st Street NE id Schedule "D" - Storm Sewer (Continued) Item Description Contract Quantity Unit Unit Price Used To Date Extension 98 48" RC Pipe Sewer Desi n 3006 CL III all depths) 105 LF $74.25 105 $7,796.25 99 45" x 73" RC Arch Pipe Sewer CL III all depths) 651 LF $129.15 651 $84,076.65 100 15" Pipe Plug 4 EACH $60.00 4 $240.00 101 18" Pipe Pluq 2 EACH 1 $65.00 2 $130.00 102 42" Pipe Plug 2 EACH $140.00 2 $280.00 103 45" x 73" RCPA 45° Bend 2 EACH $2,180.00 2 $4,360.00 104 45" x 73" RCPA 35° Bend 1 EACH $2,180.00 1 $2,180.00 105 Connect to Existing Storm Sewer 1 EACH $480.00 1 $480.00 106 Construct Drain a e Structure Design 48" 4020 3 EACH $1,225.00 3 $3,675.00 107 Construct Drain a e Structure Design 66" 4020 2 EACH $1,985.00 2 $3,970.00 108 Construct Drain a e Structure Design 72" 4020 1 EACH $2,315.00 1 $2,315.00 109 Construct Drain a e Structure Design 78" 4020 2 EACH $3,130.00 2 $6,260.00 110 Construct Drain a e Structure Design 84" 4020 1 EACH $3,965.00 1 $3,965.00 111 Construct Drain a e Structure Design 90" 4020 0 EACH $0.00 0 $0.00 Construct Drain a e Structure Design 96" 4020 1 EACH $4,040.00 1 $4,040.00 r1l Construct Drain a e Structure Design 120" 4020 1 EACH $7,065.001 1 $7065.00 Random Ri Ra Class III 100 Cy $55.00 106.65 $5,865.75 Random RipRap Class IV 1 40 1 CY 1 $55.00 51 1 $2,805.00 Total Bid Schedule "D" Change Order No. 1 $199,364.50 Item Description Contract Quantity Unit Unit Price Used To Date Extension 1 Remobilization (Hydrants) 1 LS $2,465.83 1 $2,465.83 2 Remove Concrete Weirs 1 T&M $1,378.14 1 $1,378.14 3 31" x 51" RC Arch Pie 16 LF $97.95 16 $1,567.20 4 LIDarade 27" RCP CL 5 from 27" RCP CL 3 65 LF $16.21 65 $1,053.65 5 36" Trash uard 1 EACH $850.00 1 $850.00 6 42" Trash uard 1 EACH $950.00 1 $950.00 7 45" x 73" Trashguard 1 EACH $1,600.00 1 $1,600.00 8 4" Concrete Sidewalk - Stamped & Colored 437 SY $69.05 393.94 $27,201.56 9 4" Concrete Sidewalk 1263 SY $21.80 1170 $25,506.00 10 Concrete Median 4" - Stam ed & Colored 235 SY $68.80 238.39 $16,401.23 11 Concrete Median 4" 235 SY $25.25 384.45 $9,707.36 12 Remove Concrete Curb 139 LF $3.35 139 $465.65 13 Sod/Blanket Seed 300 SY $4.40 0 $0.00 $89,146.62 Field Modification #1 Item Description Contract Quantity Unit Unit Price Used To Date Extension 14 Mobilization LS $2,131.42 1 $2,131.42 15 6" Gate Valve and Box EACH $495.00 2 $990.00 16 6" Ductile Iron Pipe Class 52 LF $22.80 110 $2,508.00 17 Hydrant EACH $1,670.00 2 $3,340.00 18 Ductile Iron Fittings LB $1.65 550 $907.50 19 Raise Ex. Manhole(w/Barrel Sections VF $135.00 3 $405.00 S10.281.92 Field Modification #2 Item Description Contract Quantity Unit Unit Price Used To Date Extension 20 Category 1 Blanket 3050 SY $1.40 2624 $3.673.60 211 Regradinq Ditch 10 HRS $60.00 10 $600.00 $4,273.60 FILE: Share\Municipal/a0tsegc/ot347pe SHEET: PAY ESTIMATE 6 Summary Of Work Completed To Date: Bid Schedule "A" - STREETS lid Schedule "B" - WATERMAIN id Schedule "C" - SANITARY SEWER Bid Schedule "D" STORM SEWER Change Order No. 1 Field Modification #1 Field Modification #2 WORK COMPLETED TO DATE: LESS 5% RETAINAGE: LESS PAY ESTIMATE NO. 1 LESS PAY ESTIMATE NO. 2 LESS PAY ESTIMATE NO. 3 LESS PAY ESTIMATE NO. 4 LESS PAY ESTIMATE NO. 5 WE RECOMMEND PARTIAL PAYMENT OF: Pay Estimate No. 6 City of Otsego Improvement Project 02-03 Quaday Avenue NE and 91st Street NE APPROVALS: CONTRACTOR: Arcon Construction Certification by Contractor: I certify that all items and amounts are correct for the work completed to date. Signed: Title: Date: ENGINEER: Certification by Engineer: We recommend payment for work and quantities as shown. HAKANSON ANDERSON ASSOCIATES, INC. Signed: Title: OWN[ CITY OF OTSEGO Signed: Title: FILE: Share\Municipailaotsego/o,347pe SHEET: PAY ESTIMATE 6 Date: Date: $241,858.09 $221,691.20 $220,293.65 $199,364.50 $89,146.62 $10,281.92 $3,280.40 $985,916.38 $49,295.82 $590,858.64 $104,503.34 $216.450.56 $9,030.33 $11,132.97 $4,644.72 Pay Estimate No. 1 City of Otsego Elevated Water Storage Tank and Tower #2 'itember 8, 2003 arable Mayor & City Council ..,,y of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 RE: Watertower #2 Contractor: CS & I Contract Amount: 1,162,600.00 Award Date: May 20, 2003 Completion Date: August 2, 2004 Dear Honorable Mayor and Council Members: The following work has been completed on the above referenced project: Bid Schedule "A" - 1,000,000 Gallon Water Storaae Tank and Tower Total - Bid Schedule "A" - 1,000,000 Gallon Water Storage Tank and Tower $1,131,300.00 $100,930.00 shared docs/municipal/actsego/51510t514pe BT - 1 Bid Tabulation 9/2/03 Estimated Item Number of Contract Used To - No. Description Units Unit Unit Cost Amount Date Extension Provide foundation design prepared by Professional Engineer registered in the State of 1 Minnesota, based on loading data in Division 13. 1 LS $10,000.00 $10,000.00 100% $10,000.00 Provide steel tank & tower design, including anchorage prepared by Professional Engineer registered in the State of Minnesota based on the tans ands ecificaitons. 1 LS $10,000.00 $10,000.00 25% $2,500.00 Construct tank & tower foundation including excavation, concrete, backfill, and anchorage per 3 approved design. 1 LS $84,500.00 $84,500.00 100% $84,500.00 Furnish and install piping, including watermain, riser & overflow, valves, fittings, hydrant, and 4 insulation per plans andspecifications. 1 LS $14,300.00 $14,300.00 10% $1,430.00 Furnish and erect the 1,000,000 gallon fluted pillar elevated water tower and tank including all appurtenances as provided on plans and 5 specifications. 1 LS $803,500.00 $803,500.00 Furnish and apply coatings on the steel surfaces of the fluted pillar elevated water tower tank as 6 specified. 1 LS $170,000.00 $170,000.00 Furnish and install electrical and control devices 7 as providedfor in the plans andspecifications 1 LS $26,000.00 $26,000.00 8 Mobilization and Demobilization. 1 LS $1o,000.00 $10,000.00 25% $2,500.00 Furnish and apply coatings for logo on the water 9 tank as shown on the plans ass specified. 1 LS $3,000.00 $3,000.00 Total - Bid Schedule "A" - 1,000,000 Gallon Water Storage Tank and Tower $1,131,300.00 $100,930.00 shared docs/municipal/actsego/51510t514pe BT - 1 Bid Tabulation 9/2/03 Pay Estimate No. 1 City of Otsego Elevated Water Storage Tank and Tower #2 A Schedule "R" - Sita Wnrk Total - Bid Schedule "B" - Site Work $31,300.00 $7,200.00 SUMMARY OF BIDDING Bid Schedule "A" - 1,000,000 Gallon Water Storage Tank and Tower $1,131,300.00 $100,930.00 Bid Schedule "B" - Site Work $31,300.00 $7,200.00 TOTAL $1,162,600.00 $108,130.00 tal Work Completed To -Date $108,130.00 Less 5% Retainage $5,406.50 We Recommend Partial Payment of: $102,723.50 APPROVALS: CONTRACTOR: CB&I Certification by Contractor: I certify that all items and amounts are correct for the work completed to date. Signed: Title: Date: ENGINEER: Certification by Engineer: We recommend payment for work and quantities as shown. HAKANSON ANDERSON ASSOCIATES, INC. Signed: Title: OWNER: CITY OF OTSEGO Signed: Title: shared docs/municipal/aotsego/615/0t514pe Bid Tabulation Date: Date: BT -2 9/2/03 Estimated Item Number of Contract Used To - No. Description Units Unit Unit Cost Amount Date Extension All site work including topsoil salvage and replacement, excavation, import and compacting of borrow material and aggregate base, placement of bituminous wear and course filter material and construction of concrete splash pad, 10 apron and sidewalk. 1 LS $24,000.00 $24,000.00 10% $2,400.00 Erosion Control items such as bale check, silt 11 fence and rock construction entrance. 1 LS $4,800.00 $4,800.00 100% $4,800.00 All restoration including seeding, fertilizing and 12 mulch 1 ILS 1 $2,500.00 1 $2,500.00 Total - Bid Schedule "B" - Site Work $31,300.00 $7,200.00 SUMMARY OF BIDDING Bid Schedule "A" - 1,000,000 Gallon Water Storage Tank and Tower $1,131,300.00 $100,930.00 Bid Schedule "B" - Site Work $31,300.00 $7,200.00 TOTAL $1,162,600.00 $108,130.00 tal Work Completed To -Date $108,130.00 Less 5% Retainage $5,406.50 We Recommend Partial Payment of: $102,723.50 APPROVALS: CONTRACTOR: CB&I Certification by Contractor: I certify that all items and amounts are correct for the work completed to date. Signed: Title: Date: ENGINEER: Certification by Engineer: We recommend payment for work and quantities as shown. HAKANSON ANDERSON ASSOCIATES, INC. Signed: Title: OWNER: CITY OF OTSEGO Signed: Title: shared docs/municipal/aotsego/615/0t514pe Bid Tabulation Date: Date: BT -2 9/2/03 tember 8, 2003 .icrable Mayor & City Council City of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 RE: Municipal Wells No. 4 and 5 Contractor. Traut Wells Contract Amount: $269,415.00 Award Date: May 30, 2003 Completion Date: Dear Honorable Mayor and Council Members: Pay Estimate No. 1 City of Otsego Improvement Project No. 03-05 Municipal Wells #4 and #5 Bid Date: May 22, 2003, 2:00 PM The following work has been completed on the above referenced project: Bid Schedule °A" - Community Ptthlic Watar.qiinniv Wall 3fd (Mt Simnn) Item No. Description Est. Qty Unit Unit Price Contract Amount Used To - Date Extension 1 Mobilization/Demobilization 1 LS $10,800.00 510,800.00 50% $5,400.00 2 Drill/Drive 24" Casing 200 LF $135.00 $27,000.00 200 $27,000.00 3 Drill 23" Open Hole 300 LF $75.00 $22,500.00 294 $22,050.00 Fill/Bail Open Hole 10 CY $40.00 $400.00 5 $200.00 J Set 18" Casing 410 LF $50.00 $20,500.00 410 $20,500.00 6 Install Grout 22 CY $300.00 $6,600.00 15 $4,500.00 7 Blast and Bale 200 LBS 1 $15.00 $3,000.00 8 F.I.R. Development Equipment 1 LS $3,200.00 $3,200.00 9 Develop Well/Sandstone Removal 200 HR $180.00 $36,000.00 10 F.I.R. Test Pump Equipment 1 LS $3,400.00 $3,400.00 11 Test Pump Well 60 HR $110.00 $6,600.00 12 Disinfect Well 1 LS $250.00 $250.00 13 Gamma Log Well 1 LS $1,100.00 $1,100.00 100% $1,100.00 14 Video Record Well 1 LS $900.00 $900.00 15 Water Analysis - Repo rt/Perm it/S u bm ittals 1 LS $1,150.00 $1,150.00 16 Site Restoration 1 LS $2,000.00 $2,000.00 17 Plumbness and Alignment 1 LS $300.00 $300.00 100 $300.00 18 Abandon Test Boring 1 LS 5650.00 $650.00 Total - Bid Schedule "A" $146,350.00 $81,050.00 shared docs/municipal/aotsego/615/ot515PE BT- 1 Pay Estimate No. 1 9/2/03 Pay Estimate No. 1 City of Otsego Improvement Project No. 03-05 Municipal Wells #4 and #5 Bid Date: May 22, 2003, 2:00 PM old Schedule "B" Communitv Pithlic Watar .';iinnly Wall fi5 llrnntnn/C;alPsvillal Item No. Description Est. Qty Unit Unit Cost ContractUsed T Amount Dateo-Extension 1 Mobilization/Demobilization 1 LS $10,500.00 $10,500.00 2 Drill/Drive 24" Casing 200 LF $135.00 $27,000.00 3 Drill 23" Open Hole 127 LF $75.00 $9,525.00 4 Fill/Bail Open Hole 6.5 CY $60.00 $390.00 5 Set 18" Casing 275 LF $50.00 $13,750.00 6 Install Grout 14 CY $300.00 $4,200.00 7 Blast and Bale 200 LBS $15.00 $3,000.00 8 F.I.R. Development Equip ment 1 LS $3,000.00 $3,000.00 9 Develop Well/Sandstone Removal 200 HR $180.00 $36,000.00 10 F.I.R. Test Pump Equipment 1 LS $3,400.00 $3,400.00 11 Test Pump Well 60 HR $110.00 $6,600.00 12 Disinfect Well 1 LS $250.00 $250.00 13 Gamma Log Well 1 LS $1,100.00 $1,100.00 14 Video Record Well 1 LS $900.00 $900.00 15 Water Analysis - Report/Permit/Submittals 1 LS $1,150.00 $1,150.00 16 Site Restoration 1 LS $2,000.00 $2,000.00 17 1 Plumbness and Alignment 1 LS $300.00 $300.00 Total - Bid Schedule "B" TOTAL BID SCHEDULE "A" TOTAL BID SCHEDULE "B" TOTAL BID Total Work Completed To -Date Less 5% Retainage We Recommend Partial Payment of: $123,065.00 $146,350.00 $123,065.00 $269,415.00 APPROVALS: CONTRACTOR: TRAUT WELLS Certification by Contractor: I certify that all items and amounts are correct for the work completed to date. Signed: Title: Date: ENGINEER: Certification by Engineer: We recommend payment for work and quantities as shown. HAKANSON ANDERSON ASSOCIATES, INC. Signed: Title: OWNER: CITY OF OTSEGO Signed: Title: Date: Date: $81,050.00 $81,050.00 $81,050.00 $4,052.50 $76,997.50 shared docs/municipal/aotsego/615/ot515PE BT -2 Pay Estimate No. 1 912101 Pay Estimate No. 1 City of Otsego Improvement Project No. 03-05 Municipal Wells #4 and #5 Bid Date: May 22, 2003, 2:00 PM tember 8, 2003 ,oncrable Mayor & City Council City of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 RE: Municipal Wells No. 4 and 5 Contractor. Traut Wells Contract Amount: $269,415.00 Award Date: May 30, 2003 Completion Date: Dear Honorable Mayor and Council Members: The following work has been completed on the above referenced project: Rlri Sr.hpdtllp "A" - Cnmmtinity Pt hlir Water Siinnly Wall #4 fMt_ Simnn) Item No. Description Est. Qty Unit Unit Price Contract Amount Used To - Date Extension 1 Mobilization/Demobilization 1 LS $10,800.00 $10,800.00 50% $5,400.00 2 Drill/Drive 24" Casing 200 LF $135.00 $27,000.00 200 $27,000.00 3 Drill 23" Open Hole 300 LF $75.00 $22,500.00 294 $22,050.00 Fill/Bail Open Hole 10 CY $40.00 $400.00 5 $200.00 5 Set 18" Casing 410 LF $50.00 $20,500.00 410 $20.500.00 6 Install Grout 22 CY $300.00 $6,600.00 15 $4,500.00 7 Blast and Bale 200 LBS $15.00 $3,000.00 8 F.I.R. Development Equipment 1 LS $3,200.00 $3,200.00 9 Develop Well/Sandstone Removal 200 HR $180.00 $36,000.00 10 F.I.R. Test Pump Equipment 1 LS $3,400.00 $3,400.00 11 Test Pump Well 60 HR $110.00 $6,600.00 12 Disinfect Well 1 LS $250.00 $250.00 13 1 Gamma Log Well 1 LS $1,100.00 $1,100.00 100% $1,100.00 14 Video Record Well 1 LS $900.00 $900.00 15 Water Analysis - Report/Permit/Submittals 1 LS $1,150.00 $1,150.00 16 Site Restoration 1 LS $2,000.00 $2,000.00 17 Plumbness and Alignment 1 LS $300.00 $300.00 100% $300.00 18 Abandon Test Boring 1 LS $650.00 $650.00 Total - Bid Schedule "A" shared docs/municipal/aotsego/615/ot515PE BT- 1 Pay Estimate No. 1 $146,350.00 $81,050.00 912/03 Pay Estimate No. 1 City of Otsego Improvement Project No. 03-05 Municipal Wells #4 and #5 Bid Date: May 22, 2003, 2:00 PM old Schedule "R" CnmmtinitV Pi ihIir In/star Qi rnnly Woll +15 IIrnntnn/r'f lacviIIa) Item No. Description Est. Qty Unit Unit Cost Contract Used To - Amount Date Extension 1 Mobilization/Demobilization 1 LS $10,500.00 $10,500.00 2 Drill/Drive 24" Casing 200 LF $135.00 $27,000.00 3 Drill 23" Open Hole 127 LF $75.00 $9,525.00 4 Fill/Bail Open Hole 6.5 CY $60.00 $390.00 5 Set 18" Casing 275 LF $50.00 $13,750.00 6 Install Grout 14 CY $300.00 $4,200.00 7 Blast and Bale 200 LBS $15.00 $3,000.00 8 F.I.R. Development Equipment 1 LS $3,000.00 $3,000.00 9 Develop Well/Sandstone Removal 200 HR $180.00 $36,000.00 10 F.I.R. Test Pump Equipment 1 LS $3,400.00 $3,400.00 11 Test Pump Well 60 HR $110.00 $6,600.00 12 Disinfect Well 1 LS $250.00 $250.00 13 Gamma Log Well 1 LS $1,100.00 $1,100.00 14 Video Record Well 1 LS $900.00 $900.00 15 lWater Analysis - Report/Permit/Submittals 1 LS $1,150.00 $1,150.00 16 Site Restoration 1 LS $2,000.00 $2,000.00 17 1 Plumbness and Alignment 1 LS $300.00 $300.00 Total - Bid Schedule "B" TOTAL BID SCHEDULE "A" TOTAL BID SCHEDULE "B" TOTAL BID Total Work Completed To -Date Less 5% Retainage We Recommend Partial Payment of: $123,065.00 $146,350.00 $123,065.00 $269,415.00 APPROVALS: CONTRACTOR: TRAUT WELLS Certification by Contractor: I certify that all items and amounts are correct for the work completed to date. Signed: Title: Date: ENGINEER: Certification by Engineer: We recommend payment for work and quantities as shown. HAKANSON ANDERSON ASSOCIATES, INC. Signed: Title: Date: OWNER: CITY OF OTSEGO Signed: Title: Date: $81,050.00 $81,050.00 $81,050.00 $4,052.50 $76,997.50 shared docs/municipal/actsego/615/ot515PE BT - 2 Pay Estimate No. 1 9/2/03 September 8, 2003 H^ )rable Mayor & City Council Otsego dashua Avenue N.E. Otsego, MN 55330 PAY ESTIMATE NO. 2 City of Otsego Project #03-06 Trunk Watermain, Sanitary Sewer and Access Road Bid Date: May 22, 2003, 2:00 PM RE: Trunk Watermain, Sanitary Sewer and Access Road, COP 03-06 Contractor: LaTour Construction Contract Amount: $693,407.65 Award Date: May 27, 2003 Completion Date: August 29, 2003 Dear Honorable Mayor and Council Members: The following work has been completed on the above referenced project: Bid Schedule "A" - Streets Item No. Spec. Ref. Description Estimated Number of Units Unit Unit Price Contract Amount Used To -Date Extension 1 2021 Mobilization 1 LS $11,270.00 $11,270.00 0.5 $5,635.00 2 2563 Traffic Control 1 LS $3,570.00 $3,570.00 0.8 $2,856.00 3 2104 Remove Bituminous Pavement 300 SY 1 $2.00 $600.00 401.66 $803.32 4 1 2104 Sawing Bit Pavement (Full Depth) 400 LF $3.60 51,440.00 5 2104 Salvage & Reinstall Sign or Mailbox 20 EACH $76.50 51,530.00 4 $306.00 6 2105 Topsoil Stripping (P) 4,000 CY $1.00 $4,000.00 3000 $3,000.00 7 2105 Replace Topsoil 2,500 CY $1.00 $2,500.00 2000 $2,000.00 8 2211 Class 5 Aggregate Base 6") 550 TON $14.60 58,030.00 8 $612.00 9 2105 1 Granular Borrow 1,500 CY $14.40 $21,600.00 162 $1,976.40 1 n 2350 2" Type LV 2 Wearing Course Mix.- Driveway Pavem4 300 SY $16.80 $5,040.00 8 $640.00 27 2104 1 Remove 12" CMP(including FES) 70 LF 55.10 5357.00 56 5285.60 28 2350 Bituminous Material For Tack Coat 15 GAL $5.10 $76.50 1 5306.00 13 2573 Bale Check 200 EACH $8.00 $1,600.00 63 $504.00 14 2573 Silt Fence, Type Machine Sliced 300 LF $2.00 $600.00 820 $1,640.00 15 2575 Seeding - Type Lawn Restoration 4 ACRE 51,020.00 $4,080.00 4 $4,080.00 16 2101 Clearing and Grubbinq 5.5 ACRE $510.00 52,805.00 Total - Bid Schedule "A" Bid Schedule "B" - Storm Drainage $69,098.50 $21,109.92 Item No. Spec. Ref. I Description Estimated Number of Units Unit Unit Cost Total Estimated Cost Used To -Date Extension 17 2621 66" RCP Class III 64 LF $256.70 $16,428.80 18 2621 18" RCP Class III 48 LF $23.20 $1,113.60 19 2621 66" RCP FES 2 EACH $1,501.00 $3,002.00 20 2621 18" RCP FES 2 EACH I 5422.50 $845.00 21 2621 15" CMP 70 LF $15.20 $1,064.00 64 $972.80 22 2621 15" CMP FES 2 EACH $127.00 $254.00 2 $254.00 23 2621 Salva a and Reinstall 18" CMP 160 LF $12.25 $1,960.00 144 $1,764.00 24 2621 Salvage and Reinstall 18" CMP FES 8 EACH $76.50 $612.00 8 $612.00 25 2621 Salva a and Reinstall 15" CMP Pie 110 LF $12.20 $1,342.00 162 $1,976.40 26 2621 Salvage and Reinstall 15" CMP FES 4 EACH $80.00 $320.00 8 $640.00 27 2621 Salvage and Reinstall 48" RCP 30 LF $34.00 $1,020.00 30 51,020.00 28 262 1 Salva a and Reinstall 48" RCP FES 1 EACH 5306.00 $306.00 1 5306.00 29 1 2621 JEip.Rap Class III 20 CY $67.50 $1,350.00 T, id Schedule "B" 529,617.40 S7,545.20 shared docs/municipaUaclsego/615/ot517PE BT- 1 Pay Estimate 92 9'2/03 PAY ESTIMATE NO. 2 City of Otsego Project #03-06 Trunk Watermain, Sanitary Sewer and Access Road Bid Date: May 22, 2003, 2:00 PM hedule "C" - Water Item No. Spec. Ref. I Description Estimated Number of Units Unit Unit Cost Total Estimated Cost Used To -Date Extension 30 2611 Connect to Existing Water Main 2 LS $822.50 $1,645.00 24" RCP Class V 18'-20' Deep 40 31 2611 12" Ductile Iron Pipe Cl 52 2200 LF $26.30 $57,860.00 786 $20,671.80 32 2611 8" Ductile Iron Pipe Cl 52 550 LF $19.30 $10,615.00 $10,480.00 49 33 2611 6" Ductile Iron Pipe Cl 52 125 LF $15.70 $1,962.50 221 $3,469.70 34 2611 16" DIP Cl 52, Fast-tite Joint, Installed in 24" Steel Casing by Boring and Jacking 70 LF $201.70 $14,119.00 80 $16,136.00 35 2611 16" Ductile Iron Pipe CL 52 8600 LF $37.10 $319,060.00 8583 $318,429.30 36 2611 Ductile Iron Fittings 10000 LB $3.10 $31,000.00 9237 $28,634.70 37 2611 16" Butterfly Valve and Box 11 EACH $1,601.00 $17,611.00 16 $25,616.00 38 2611 12" Butterfly Valve and Box 2 EACH $918.00 $1,836.00 EACH $195.00 39 2611 6" Gate Valve and Box 26 EACH $575.00 $14,950.00 24 $13,800.00 40 2611 Hydrant 26 EACH $1,850.00 $48,100.00 24 $44,400.00 41 2611 Hydrant Extension 26 LF $348.00 $9,048.00 10 VF 42 2611 Salva a and Reinstall 16" Plug 2 EACH $204.00 $408.00 $1.25 $701.25 43 2611 Salvage and Reinstall 12" Plug 2 EACH $204.00 $408.00 44 2611 4" Insulation 300 SF $3.60 $1,080.00 144 $518.40 Total - Bid Schedule "C" Bid Schedule "D" - Sanitary Sewer $529,702.50 $471,675.90 Item No. Spec. Ref. Description Estimated Number of Units Unit Unit Cost Total Estimated Used Cost To -Date Extension 2621 24" RCP Class V 16-18' Deep 48 LF $79.20 $3,801.60 2621 24" RCP Class V 18'-20' Deep 40 LF $81.20 $3,248.00 47 2621 12" PVC SDR 26 14'-16' Deep 30 LF $50.40 $1,512.00 48 2621 12" PVC SDR 26 16'-18' Deep 200 LF $52.40 $10,480.00 49 2621 12" PVC SDR 26 18'-20' Deep 208 LF $54.40 $11,315.20 50 2621 8" PVC SDR 35 16-18' Deep 35 LF $36.40 $1,274.00 51 2621 10" DIP CL 52 Force Main 572 LF $22.90 $13,098.80 52 2621 8" DIP CL 52 Force Main 572 LF $19.20 $10,982.40 53 2621 24" RCP Plug 1 EACH $252.00 $252.00 54 2621 12" Plug 1 EACH $246.00 $246.00 55 2621 10" Pluq 2 EACH $229.00 $458.00 56 2621 8" Plug 3 EACH $195.00 $585.00 57 2621 48" Dia. Sanitary Sewer Manhole 0-8' Deep 1 EA $1,980.00 $1,980.00 58 2621 48" Manhole Overdepth 10 VF $90.00 $900.00 59 2621 60" Diameter Sanitary Sewer Manhole 0-8' Deep 1 EA $2,745.00 $2,745.00 60 2621 60" Manhole Over Depth 10 VF $141.00 $1,410.00 61 2621 Televise Sanitary Sewer 561 LF $1.25 $701.25 Total - Bid Schedule "D" shared docs/municipal/aotsego/615/ot517PE BT - 2 Pay Estimate 92 $64,989.25 9/2'03 PAY ESTIMATE NO. 2 City of Otsego Project #03-06 Trunk Watermain, Sanitary Sewer and Access Road Bid Date: May 22, 2003, 2:00 PM ..IARY OF BIDDING TOTAL BID SCHEDULE "A" TOTAL BID SCHEDULE "B" TOTAL BID SCHEDULE "C" TOTAL BID SCHEDULE "D" TOTAL ALL BID SCHEDULES TOTAL WORK COMPLETED TO DATE LESS 5% RETAINAGE LESS PAY ESTIMATE NO. 1 WE RECOMMENT PAYMENT OF: APPROVALS: CONTRACTOR: LATOUR CONSTRUCTION Certification by Contractor: I certify that all items and amounts are correct for the work completed to date. Signed: Title: Date: F' NEER: Certification by Engineer: We recommend payment for work and quantities as shown. -IAKANSON ANDERSON ASSOCIATES, INC. Signed: Title: OWNER: CITY OF OTSEGO Signed: Title: Date: Date: $69,098.50 $29,617.40 $529,702.50 $64,989.25 $693,407.65 $21,109.92 $7,545.20 $471,675.90 $500,331.02 $500,331.02 $25,016.55 $438,523.42 $36,791.05 shared docs/municipal/aotsego/615iot517PE ST - 3 Pay Estimate #2 9/203 September 2, 2003 Honorable Mayor & City Council ;ity of Otsego 4899 Nashua Avenue NE Otsego, MN 55330 Pay Estimate No. 4 City of Otsego 85th Street NE (MSAP 217-102-04 and MSAP 217-102-05) and Page Avenue NE RE: 85TH STREET NE, MSAP 217-102-04 AND MSAP 217-102-05 AND PAGE AVENUE NE Contractor: Dresel Contracting Contract Amount: $1,772,947.80 Award Date: May 8, 2003 Completion Date: September 30, 2003 Bid Schedule "A" - Streets - No. 02-10 85th Street NF MSAP ?17 -1m -n4 1 ENGINEER Item No. Description Estimated Quantity Contract Unit Price Contract Amount Used to Date Extension 1 2 3 4 5 6 Mobilization Clearing and Grubbing Remove Metal Culvert Remove Concrete Curb & Gutter Remove Wood Post Fence Remove Railroad Ties 1 1 230 20 150 48 LS LS LF LF LF LF $25,000.00 $4,500.00 $6.00 $2.00 $1.00 $2.00 $25,000.00 $4,500.00 $1,380.00 $40.00 $150.00 $96.00 0.75 1 258 18 104 $ $ $ $ $ $ 18,750.00 4,500.00 1,548.00 36.00 104.00 7 8 9 Remove Retaining Wall Remove Bituminous Pavement Remove Wood Post 150 9500 3 SF SY EACH $2.00 $0.65 $25.00 $300.00 $6,175.00 $75.00 150 9500 3 $ $ $ 300.00 6,175.00 75.00 10 Remove Metal Post 1 EACH $25.00 $25.00 1 $ 25.00 11 Remove Sign 10 EACH $30.00 $300.00 10 $ 300.00 12 Sawing Bit Pavement (Full Depth) 370 LF $3.00 $1,110.00 318 $ 954.00 13 Salvage & Reinstall Chain Link Fence 200 LF $4.00 $800.00 100 $ 400.00 14 Salvage & Reinstall Wood Post/Woven Wire Fence 320 LF $3.00 $960.00 160 $ 480.00 15 Salvage & Reinstall Wood Fence Posts 4 EACH $25.00 $100.00 $ _ 16 Salvage & Reinstall Sign 2 EACH $45.00 $90.00 $ _ 17 18 19 Common Excavation (P) Aggregate Base Class 5 Mill Bituminous Surface (2.0") 20000 7500 75 CY TON SY $4.25 $7.25 $4.00 $85,000.00 $54,375.00 $300.00 22562 6755.1 $ $ $ 95,888.50 48,974.48 _ 20 21 22 Type LV 4 Wearing Course Mixture (C) Type LV 3 Non -Wearing Course Mixture (B) Bituminous Material For Tack Coat 2555 2280 900 TON TON GAL $34.40 $27.20 $1.25 $87,892.00 $62,016.00 $1,125.00 88.22 2166.6 100 $ $ $ 3,034.77 58,931.52 125.00 23 Adjust Gate Valve 2 EACH $150.00 $300.00 $ _ 24 Adjust Frame & Ring Casting 2 EACH $300.00 $600.00 $ _ 25 26 Concrete Curb & Gutter Design B618 6" Concrete Driveway Pavement 6500 62 LF SY $7.00 $26.50 $45,500.00 $1,643.00 6014 78.6 $ $ 42,098.00 2,082.90 27 28 6" Concrete Valley Gutter Traffic Control 270 1 SY LS $26.50 $3,000.00 $7,155.00 $3,000.00 177.64 0.75 $ $ 4,707.46 2,250.00 29 Sign Panels, Type C 108 SF $20.00 $2,160.00 $ 30 4" Double Solid Line Yellow - Paint 2800 LF $0.16 $448.00 $ 31 4" Double Solid Line Yellow - Epoxy 2800 LF $0.16 $448.00 $ 32 4" Solid Line White - Epoxy 5730 LF $0.17 $974.10 $ 33 12" Solid Line White - Epoxy 270 LF $3.00 $810.00 $ _ 34 Bale Check 25 EACH $7.00 $175.00 $ _ 35 Silt Fence, Type Machine Sliced 500 LF $1.25 $625.00 217 $ 271.25 36 Seeding - Type Lawn Restoration 2 ACRE $1,280.00 $2,560.00 $ _ 37 Sodding - Type Lawn Restoration 1000 SY $2.00 $2,000.00 $ 38 Seeding Mixture - 60B 300 LBS $3.10 $930.00 $ _ 39 Erosion Control Blanket, Category 1 700 SY $1.35 $945.00 $ 40 Commercial Fertilizer, 20-10-10 1000 LBS $0.34 $340.00 $ _ 41 Hydraulic Soil Stabilizer, Type 6 2.5 TON $430.00 $1,075.00 $ _ Total Bid Schedule "A" ot345pe.xls/Pay Estimate 4 $403,497.10 $ 292,010.87 Pay Estimate No. 4 ENGINEER City of Otsego 85th Street NE (MSAP 217-102-04 and MSAP 217-102-05) and Page Avenue NE Bid Schedule "B" - Storm Sewer - No. 02-10 85th Rtraat NF Mcop X17.1 m_nn Item Estimated Contract Unit Contract Used to No. Description Quantity Price Price Amount Date Extension 42 18" RC Pipe Apron 1 EACH $650.00 $650.00 1 $ 650.00 43 24" RC Pipe Apron 1 EACH $1,050.00 $1,050.00 1 $ 1,050.00 44 15" HDPE Pipe Drain 310 LF $13.80 $4,278.00 307 $ 4,236.60 45 15" RC Pipe Sewer Design 3006 CL V (all depths) 525 LF $21.30 $11,182.50 518 $ 11,033.40 46 18" RC Pipe Sewer Design 3006 CL III (all depths) 690 LF $23.00 $15,870.00 668 $ 15,364.00 47 21" RC Pipe Sewer Design 3006 CL III (all depths) 315 LF $26.50 $8,347.50 305 $ 8,082.50 48 24" RC Pipe Sewer Design 3006 CL III (all depths) 460 LF $28.00 $12,880.00 433 $ 12,124.00 49 Connect to Existing Storm Sewer 1 EACH $350.00 $350.00 1 $ 350.00 50 Construct Drainage Structure 2' x 3' 6 EACH $1,400.00 $8,400.00 6 $ 8,400.00 51 Construct Draingage Structure Design 48" 4020 9 EACH $1,850.00 $16,650.00 9 $ 16,650.00 52 lConstruct Draingage Structure 27" 1 EACH $1,600.00__L $1,600.00 1 $ 1,600.00 53 1 Random RipRap Class III 15 CY 1 $75.00 $1,125.00 15 $ 1,125.00 Total Bid Schedule "B" Bid Schedule "C" -Streets -No 02-06 85th Rtraat NF nn(Znp')17_,m_nr $82,383.00 $ 80,665.50 Item Estimated Contract Unit Contract Used to No. Description Quantity Price Amount Date Extension 54 Mobilization 1 LS $25,000.00 $25,000.00 0.75 $ 18,750.00 55 Field Office Type D 1 EACH $4,500.00 $4,500.00 1 $ 4,500.00 56 Clearing and Grubbing 1 LS $4,000.00 $4,000.00 1 $ 4,000.00 57 Remove Sewer Pipe (Storm) 497 LF $8.00 1 $3,976.00 597 $ 4,776.00 58 Remove Concrete Culvert 335 LF $8.00 $2,680.00 291 $ 2,328.00 59 Remove Metal Culvert 303 LF $6.00 $1,818.00 424 $ 2,544.00 60 Remove Pipe Culvert 40 LF $6.00 $240.00 110 $ 660.00 61 Remove Bituminous Curb 430 LF $1.00 $430.00 430 $ 430.00 62 Remove Concrete Curb & Gutter 50 LF $2.00 $100.00 6 $ 12.00 63 Remove Concrete Driveway Pavement 642 SF $1.25 $802.50 642 $ 802.50 64 Remove Retaining Wall 100 SF $2.00 $200.00 100 $ 200.00 65 Remove Bituminous Pavement 12000 SY $0.65 $7,800.00 12000 $ 7,800.00 66 Remove Bituminous Flume 4 EACH $3.00 $12.00 4 $ 12.00 67 Sawing Concrete Pavement (Full Depth) 40 LF $4.00 $160.00 $ 68 Sawing Bit Pavement (Full Depth) 285 LF $3.00 $855.00 $ 69 Salvage & Reinstall Woven Wire Fence 250 LF $3.00 $750.00 125 $ 375.00 70 Salvage & Reinstall Chain Link Fence 520 LF $4.00 $27080.00 260 $ 1,040.00 71 Salvage & Reinstall Fence (Plastic Rail) 1080 LF $4.00 $4,320.00 540 $ 2,160.00 72 Salvage & Reinstall Fence (Split Rail) 300 LF $4.00 $1,200.00 150 $ 600.00 73 Salvage & Reinstall Wood Post 25 EACH $25.00 $625.00 12 $ 300.00 74 Salvage & Reinstall Sign 4 EACH $25.00 $100.00 2 $ 50.00 75 Abandon Culvert 1 EACH $500.00 $500.00 $ _ 76 Common Excavation (P) 35000 CY $4.25 $148,750.00 30000 $ 127,500.00 77 Muck Excavation 2000 CY $5.00 $10,000.00 4360 $ 21,800.00 78 Class 5 Aggregate Base 10790 TON $7.25 $78,227.50 5408 $ 39,208.00 79 Class 7 Aggregate Base (8") 11310 TON $8.00 $90,480.00 7168 $ 57,344.00 80 Mill Bituminous Surface (2") 50 SY $4.00 $200.00 $ _ 81 Type LV 4 Wearing Course Mixture (C) 3325 TON $34.40 $114,380.00 $ 82 Type LV 3 Non -Wearing Course Mixture (B) 3040 TON $27.20 $82,688.00 $ 83 Bituminous Material For Tack Coat 1000 GAL $1.25 $1,250.00 $ 84 Adjust Frame & Ring Casting 1 EACH $300.00 $300.00 $ 85 Concrete Curb & Gutter Design B618 8700 LF $7.00 $60,900.00 $ _ 86 6" Concrete Driveway Pavement 150 SY $26.50 $3,975.00 $ 87 6" Concrete Valley Gutter 390 SY $26.50 $10,335.00 $ 88 Block Retaining Wall 700 SF $19.00 $13,300.00 667 $ 12,673.00 89 Traffic Control 1 LS $3,000.00 $3,000.00 0.75j $ 2,250.00 90 Sign Panels, Type C 130.5 SF $20.00 $2,610.00 $ _ ot345pe.xls/Pay Estimate 4 Pay Estimate No. 4 ENGINEER City of Otsego 85th Street NE (MSAP 217-102-04 and MSAP 217-102-05) and Page Avenue NE Bid Schedule "C" - Streets - No. 02-06 85th Street NE MSAP 217-102-05 Cont'd Item I- ------ No. estimated contract Unit Contract Used to No. Description Quantity Price Amount Date Extension 91 4" Double Solid Line Yellow - Paint 3750 LF $0.16 $600.00 $375.00 $ 92 4" Double Solid Line Yellow - Epoxy 3750 LF $0.34$1,275.00 4 EACH $ 93 4" Solid Line White - Epoxy 8500 LF $0.17 $1,445.00 6 $ 94 12" Solid Line White - Epoxy 135 LF $3.00 $405.00 24" RC Pipe Apron2 $ 95 Coniferous Tree 8' Ht. B & B 10 TREE $350.00 $3,500.00 111 $ _ 96 Deciduous Tree 8' Ht. BR 10 TREE $350.00 $3,500.00 336.00 $ 97 Transplant Tree (Spade Size 42") 11 TREE $200.00 $2,200.00 14 $ 2,800.00 98 Transplant Tree (Spade Size 60") 11 TREE $300.00 $3,300.00 1112 $ 99 Bale Check 50 EACH $7.00 $350.00 40 $ 280.00 100 Silt Fence, Type Machine Sliced 5000 LF $1.25 $6,250.00 2400 $ 3,000.00 101 Seeding - Type Lawn Restoration 7.5 ACRE $1,280.00 $9,600.00 EACH $ 102 Seeding Mixture - 60B 1125 LBS $3.10 $3,487.50 2 $ 103 Sodding - Type Lawn Restoration 3000 SY $2.00 $6,000.00 Construct Drainage Structure 2' x 3' $ 104 Erosion Control Blanket, Category 1 700 SY $1.35 $945.00 119 $ 105 Commercial Fertilizer, 10-10-10 3750 LBS $0.34 $1,275.00 1 600.00 $ 106 Hydraulic Soil Stabilizer Type 6 9.4 TON $430.00 $4,042.00 $ $ Total Bid Schedule "C" Bid Schedule "D" - Storm Sewer - No. 02-06 85th Street NE MSAP 217-102-05 $730,718.50 $ 318,194.50 Item Estimated Contract Unit Contract Used to No. No. Description Quantity Price Amount Date 123 Extension 107 12" RC Pipe Apron 1 EACH $375.00 $375.0 -O -j $ 375.00 108 15" RC Pipe Apron 4 EACH $400.00 $1,600.00 2 $ 800.00 109 18" RC Pipe Apron 6 EACH $450.00 $2,700.00 6 $ 2,700.00 110 24" RC Pipe Apron2 $ 2,820.00 EACH $1,050.00 $2,100.00 LF $ _ 111 12" RC Pipe Sewer Design 3006 CL V (all depths) 30 LF $21.00 $630.00 16 $ 336.00 112 15" RC Pipe Sewer Design 3006 CL V (all depths) 923 LF $21.30 $19,659.90 739 $ 15,740.70 113 18" RC Pipe Sewer Design 3006 CL III (all depths) 1070 LF $23.00 $24,610.00 1112 $ 25,576.00 114 21" RC Pipe Sewer Design 3006 CL III (all depths) 1050 LF $26.50 $27,825.00 1042 $ 27,613.00 115 24" RC Pipe Sewer Design 3006 CL III (all depths) 223 LF $28.00 $6,244.00 148 $ 4,144.00 116 Connect to Existing Storm Sewer 3 EACH $400.00 $1,200.00 3 $ 1,200.00 117 Construct Drainage Structure 27" 2 EACH $1,600.00 $3,200.00 2 $ 3,200.00 118 Construct Drainage Structure 2' x 3' 5 EACH $1,400.00 $7,000.00 5 $ 7,000.00 119 Construct Draingage Structure Design 48" 4020 12 EACH $1,800.00 $21,600.00 12 $2100.00 1 600.00 120 Construct Draingage Structure Design 54" 4020 2 EACH $2,200.00 $4,400.00 2 $ ,6 121 Construct Skimmer Structure 2 EACH $2,500.00 $5,000.00 1 $ 2,500.00 122 Random RipRap Class III 75 CY $75.00 $5,625.001 16 $ 1,200.00 Total Bid Schedule "D" Bid Schedule "E" - Streets - No. 02-09 Page Avenue NE $133,768.90 $ 118,384.70 Item Estimated Contract Unit Contract Used to No. Description Quantity Price Amount Date Extension 123 IMobilization 1 LS $20,000.00 $20,000.00 0.75 $ 15,000.00 124 Clearing and Grubbing 1 LS $300.00 $300.00 1 $ 300.00 125 Remove Concrete Culvert 6 LF $8.00 $48.00 6 $ 48.00 126 Remove Metal Culvert 400 LF $6.00 $2,400.00 470 $ 2,820.00 127 Remove Concrete Curb & Gutter 150 LF $2.00 $300.00 150 $ 300.00 128 Remove Concrete Driveway Pavement 712 SF $1.25 $890.00 600 $ 750.00 129 Remove Bituminous Pavement 11750 SY $0.65 $7,637.50 11750 $ 7,637.50 130 Sawing Concrete Pavement (Full Depth) 20 LF S4.00 $80.00 18 $ 72.00- 131 Sawing Bit Pavement (Full Depth) 570 LF $3.00 $1,710.00 526 $ 1,578.00 132 Salvage Retaining Wall 73 SF $12.00 $876.00 73 $ 876.00 133 Salvage & Reinstall Sign 24 EACH $50.00 $1,200.00 12 $ 600.00 ot345pe.xls/Pay Estimate 4 Pay Estimate No, 4 ENGINEER City of Otsego 85th Street NE (MSAP 217-102-04 and MSAP 217-102-05) and Page Avenue NE yid Schedule "E" - Streets - No. 02-09 Page Avenue NE Cont'd Itam No. r-sumatea contract unit Contract Used to No. Description Description Quantity Price Amount Date Extension Extension 134 Salvage Casting 1 EACH $300.00 $300.00 1 $ 300.00 135 Common Excavation (P) 14800 CY $4.25 $62,900.00 14800 $ 62,900.00 136 Class 5 Aggregate Base 6100 TON $7.25 $44,225.00 5956 $ 43,181.00 137 Mill Bituminous Surface (2") 75 SY $4.00 $300.00 625 $ $26.50 138 Type LV 4 Wearing Course Mixture (C) 2050 TON $34.40 $70,520.00 443.69 $ 15,262.94 139 Type LV 3 Non -Wearing Course Mixture (B) 1920 TON $27.20 $52,224.00 1879 $ 51,108.80 140 Bituminous Material For Tack Coat 700 GAL $1.25 $875.00 100 $ 125.00 141 Adjust Frame & Ring Casting 1 EACH $300.00 $300.00 1 $ 300.00 142 Concrete Curb &Gutter Design 8618 5380 LF $7.00 $37,660.00 5038 $ 35,266.00 143 6" Concrete Driveway Pavement 100 SY $26.50 $2,650.00 166 $ 4,399.00 144 6" Concrete Valley Gutter 50 SY $26.50 $1,325.00 89 $ 2,358.50 145 Traffic Control 1 LS $2,500.00 $2,500.00 0.9 $ 2,250.00 146 Sign Panels, Type C 73.5 SF $20.00 $1,470.00 $ _ 147 4" Double Solid Line Yellow - Paint 2350 LF $0.16 $376.00 $ 148 4" Double Solid Line Yellow - Epoxy 2350 LF $0.34 $799.00 $ 149 4" Solid Line White - Epoxy 4150 LF $0.17 $705.50 $ _ 150 12" Solid Line White - Epoxy 180 LF $3.00 $540.00 $ _ 151 24" Solid Line White - Paint 110 LF $2.20 $242.00 $ 152 Transplant Tree 11 TREE $200.00 $2,200.00 10 $ 2,000.00 153 Bale Check 26 EACH$7.00 $182.00 $ _ 154 Silt Fence, Type Machine Sliced 1450 LF $1.25 $1,812.50 306 $ 382.50 155 Seeding - Type Lawn Restoration 1.3 ACRE $1,280.00 $1,664.00 $ 156 Sodding - Type Lawn Restoration3350 3 SY $2. 00 $6,700.00 $ 157 Seeding Mixture - 60B 5 LBS $3.10 $387.50 $ 158 Commercial Fertilizer, 10-10-10 820 LBS $0.34 $278.80 $ 159 Hydraulic Soil Stabilizer Type 6 2.6 TON $430.00 $1,118.00 $ Qal Bid Schedule "E" Bid Schedule "F" - Storm Sewer - Nn n2_04 Pane Avenue ME $329,695.80 $ 249,815.24 Item Estimated Contract Unit Contract Used to No. Description Quantity Price Amount Date Extension 160 15" RC Pipe Apron 5 EACH $400.00 $2,000.00 7 $ 2,800.00 161 24" RC Pipe Apron 1 EACH $1,050.00 $1,050.00 1 $ 1,050.00 162 27" RC Pipe Apron 1 EACH $1,200.00 51,200.00 1 $ 1,200.00 163 15" RC Pipe Sewer Design 3006 CL V (all depths) 840 LF 1 $21.30 $17,892.00 877 $ 18,680710- 164 21" RC Pipe Sewer Design 3006 CL III (all depths) 625 LF $26.50 $16,562.50 611 $ 16,191.50 165 24" RC Pipe Sewer Design 3006 CL III (all depths) 360 LF $28.00 $10,080.00 349 $ 9,772.00 166 27" RC Pipe Sewer Design 3006 CL III (all depths) 285 LF $35.00 $9,975.00 274 $ 9,590.00 167 Connect to Existing Storm Sewer 1 EACH $400.00 $400.00 3 $ 1,200.00 168 Construct Drainage Structure 27" 2 EACH $1,800.00 $3,600.00 2 $ 3,600.00 169 Construct Drainage Structure 2' x 3' 6 EACH $1,400.00 $8,400.00 6-$ 8,400.00 170 Construct Draingage Structure Design 48" 4020 8 EACH $1,800.00 $14,400.00 9 $ 16,200.00 171 lConstruct Draingage Structure Design 54" 4020 1 EACH $2,200.00 $2,200.00 1 $ 2,200.00 172 Construct Skimmer Structure 1 EACH $2,500.00 $2,500.00 1 $ 2,500.00 173 IRandom RipRap Class III 35 CY $75.00 $2,625.00 35 $ 2,625.00 Total Bid Schedule "F" ot345pe.xls/Pay Estimate 4 $92,884.50 $ 96,008.60 Pay Estimate No. 4 ENGINEER City of Otsego 85th Street NE (MSAP 217-102-04 and MSAP 217-102-05) and Page Avenue NE 00 SUMMARY OF BIDDING Total Bid Schedule "A" - Streets - No. 02-10 85th Street NE MSAP 217-102-04 $403,497.10 $292,010.87 Bid Schedule "B" - Storm Sewer - No. 02-10 85th Street NE MSAP 217-102-04 $82,383.00 $80,665.50 Bid Schedule "C" - Streets - No. 02-06 85th Street NE MSAP 217-102-05 $730,718.50 $318,194.50 Bid Schedule "D" - Storm Sewer - No. 02-06 85th Street NE MSAP 217-102-05 $133,768.90 $118,384.70 Bid Schedule "E" - Streets - No. 02-09 Page Avenue NE $329,695.80 $249,815.24 Bid Schedule "F" - Storm Sewer - No. 02-09 Page Avenue NE $92,884.50 $96,008.60 TOTAL ALL BID SCHEDULES $1,772,947.80 $1,155,079.41 TOTAL WORK COMPLETED TO -DATE $1,155,079.41 LESS 5% RETAINAGE $57,753.97 LESS PAY ESTIMATE NO. 1 $101,241.50 LESS PAY ESTIMATE NO. 2 $351,038.21 LESS PAY ESTIMATE NO. 3. $293,141.82 WE RECOMMEND PAYMENT OF: $351,903.91 APPROVALS: _' TRACTOR: Dresel Contracting, Inc. Certification by Contractor: I certify that all items and amounts are correct for the work completed to date. Signed: Title: Date: ENGINEER: Certification by Engineer: We recommend payment for work and quantities as shown. HAKANSON ANDERSON ASSOCIATES, INC. Signed: Title: Date: OWNER:CITY OF OTSEGO Signed: Title: ot345pe.xls/Pay Estimate 4 Date: ITEM 6.1 NORTHWEST ASSOCIATED CONSULTANTS, INC. •1W 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: John Glomski / Daniel Licht, AICP RE: Otsego — Rolling Meadows, Rezone and Preliminary Plat MEMO DATE: 2 September 2003 ACTION DATE: 13 September 2003 NAC FILE: 176.02 — 03.23 The Planning Commission held a public hearing on 4 August 2003 to consider the above referenced application for Suburban Land Development and Design. Mr. Victor Pacheco of Suburban Land Development and Design was present to represent the project. ' There were a number of comments from concerned citizens in regards to noise pollution, smell, traffic, and negative effects upon the existing wetlands in the area. City Staff responded to these questions as follows. ➢ Noise. The MPCA has standards in regards to pollution (noise and smell) the potential industrial uses will need to abide by. ➢ Traffic. Queens Avenue has been planned as a service road and will eventually be extended north to County Road 37, providing the industrial traffic another outlet. ➢ Wetlands. An EAW has been submitted. There appears to be no issues above and beyond what is handled in the City's development regulations, as such an EIS is not required. The Planning Commission discussion focused on the fact that this site is planned for what is being proposed. A major issue that will need to be addressed prior to preliminary plat approval is the extension of both sewer and water services. Under State Statutes, preliminary plat approval is valid for only one year. Thus, the applicant must address the applicable conditions attached to the preliminary plat (including plans for extension of sanitary sewer and water) and receive final plat approval within one year for the approval to remain valid. The Planning Commission closed the public hearing and voted 7-0 to recommend • approval of the applications with a revision in the conditions, to include a trail running along the east side of Queens Avenue. The request is to be considered by the City Council at their meeting on 8 September 2003 at 6:30 following the close of the mandatory 30 day comment period on the EAW, which ends 3 September 2003. A letter was received from MNDoT dated 2 September 2003 regarding the EAW. The majority of issues were plat review related and in particular related to the future residential element of the planned development. These issues will be given due consideration during the preliminary plat process for the land east of Queens Avenue. City Staff still recommends adoption of a negative declaration for the EAW. Decision 1: Zoning Map Amendment A. Motion to approve a Zoning Map amendment rezoning the 25.41 acres west of the proposed Queens Avenue extension from A-1 District to the 1-2 District based on a finding that the request is consistent with the Comprehensive Plan. B. Motion to deny the application based on a finding that the request for rezoning a portion of the subject site from A-1 to 1-2 is inconsistent with the direction of the Comprehensive Plan. ' C. Motion to table the application. Decision 2: Preliminary / Final Plat A. Motion to approve the Preliminary Plat to be known as Rolling Meadows, subject to the following conditions: 1. The applicant must submit a plan illustrating the methods of extending both sewer and water to the subject site for City Engineer review and approval. 2. The City is not responsible for providing sanitary sewer and water connections. 3. The extension of Queens Avenue from 60th Street to 65th Street will be at the expense of the applicant. 4. A park dedication fee equal to $3,500 per gross acre, totaling $73,500 is to be paid in lieu of parkland as required per Section 21-7-18 of the Subdivision Ordinance. W 5. The Preliminary Plat is to be revised to show a north/south trail running ' along the east side of Queens Avenue. 6. The grading plan is to be revised to show a 20 foot protective buffer and a 40 foot building setback around the delineated wetland. 7. All grading, drainage and utilities are subject to review and approval of the City Engineer. 8. Comments of other City Staff. Decision 3: EAW A. Motion to adopt findings that the proposed Rolling Meadows does not have potential for significant environmental effects and that preparation of an EIS is not be required based on a review of the submitted EAW and evidence received, subject to the following condition: 1. The project shall proceed in conformance with the preliminary plat and applicable stipulations approved on 8 September 2003 by the City Council. B. Motion to adopt findings that the proposed Rolling Meadows does have potential for significant environmental effects and that preparation of an EIS is to be required based on a review of the submitted EAW and evidence received (specific environmental impacts must be cited). PC. Mike Robertson, City Administrator Judy Hudson, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer Victor Pacheco 3 CITY OF 09-02-03 0 T S E G 0 •FINDINGS & DE WRIGHT COUNTY, MIN, DECISION ti� Zoning Map Amendment APPLICANT: Suburban Land Development and Design Inc. APPLICATION: Request for a Zoning Map amendment rezoning a portion of the applicant's site described in Exhibit A from A-1, Agriculture Rural Service Area to 1-2, General Industrial District CITY COUNCIL MEETING: 8 September 2003 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The property lies within the East Sanitary Sewer District and is guided for industrial and medium-high density residential and agriculture land uses by the Comprehensive Plan. C. The property is zoned A-1 District. The applicant is requesting a Zoning Map amendment to include an approximately 25 acre strip of land abutting Trunk Highway 101 as described in Exhibit B to 1-2, General Industrial District, for the purpose of subdividing and developing the site into 10 industrial lots. D. The Planning Commission and City Council must take into consideration the possible effects of the Zoning Map amendment with their judgement based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provision of the official City Comprehensive Plan. Finding: The proposed action is consistent with the intent of the Comprehensive Plan providing a tier of industrial development along highway 101 with medium density residential development aligning the east side of Queens Avenue. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The table below illustrates land uses surrounding the subject site. The proposed rezoning and subdivision plan is compatible with the various existing and planned land uses surrounding the subject site. Land Use Plan Map Use North --Zoning Industrial A-1 District -Existing Unsewered Agricultural land East MD Residential A-1 District Unsewered A ricultural land South Industrial 1-1 District Industrial West Hi hway 101 Highway 101 Highway 101 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance. Finding: The proposed use will be required to conform to all applicable requirements of the Zoning Ordinance. 4. The proposed use's effect upon the area in which it is proposed. Finding: The proposed use will not have a negative effect on the surrounding area. 5. The proposed use's impact upon property values of the area in which it is proposed. Finding: Although no specific study has been completed, the proposed use is not anticipated to negatively impact property values as all applicable performance standards will be met. 6. Traffic generation by the proposed use in relation to capabilities of streets serving the property. Finding: The proposed Zoning Map amendment will increase the current amount of traffic south along Queens Avenue on route to TH 101. The applicant will be extending Queens Avenue north to 65`n Street, which will eventually be extended up to County road 37. This eventual connection to County Road 37 will provide the industrial traffic a second outlet, alleviating any traffic problems that may arise in the meantime. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities, and its potential too over burden the City's service capacity. Finding: The expansion of the existing use will not negatively impact the City's service capacity. E. The planning report dated 30 July 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The engineering review dated 4 August 2003 prepared by the City Engineer, Hakanson Anderson Associates, Inc. is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 4 August 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for approval of a Zoning Map amendment rezoning lands included in the Rolling Meadows Preliminary Plat to 1-2 District is hereby approved based on the most current plan and information received to date. 2 PASSED by the Otsego City Council this 8th day of September, 2003. Attest: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk ORDINANCE NO.: CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR LAND TO BE DEVELOPED AS PART OF THE ROLLING MEADOWS PRELIMINARY PLAT. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally described by Exhibit (the "property"). Section 2. The portion of the property legally described by is hereby rezoned from an A-1, Agriculture Rural Service District designation to an 1-2, General Industrial District designation. Section 3. The Zoning Administrator is hereby directed to make appropriate changes to the official Zoning Map of the City of Otsego to reflect the change in zoning classification set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication and the filling of a final plat. PASSED by the Otsego City Council this 8th day of September, 2003. CITY OF OTSEGO Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk CITY OF 09-02-03 0 T S E G 0 FINDINGS & DECISION WRIGHT COUNTY, NIINNESOTA PRELIMINARY PLAT APPLICANT: Suburban Land Development and Design Inc. APPLICATION: Request for preliminary plat approval of Rolling Meadows consisting of 10 industrial lots and 2 outlots within the east sanitary sewer service district. CITY COUNCIL MEETING: 8 September 2003 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The property lies within the East Sanitary Sewer District and is guided for industrial and medium density residential land uses by the Otsego Comprehensive Plan. C. The property is zoned 1-2, General Industrial District and A-1, Agriculture Rural Service District. D. The proposed 10 industrial lots within the preliminary plat are consistent with the lot standards of the 1-2 district. E. The planning report dated 30 July 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The engineering review dated 4 August 2003 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 4 _ August 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Planning Commission closed the public hearing and recommended by a 7-0 vote that the City council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for approval of a Rolling Meadows Preliminary Plat is hereby approved based on the most current plan and information received to date, subject to eh following conditions: The applicant must submit a plan illustrating the methods of extending both sewer and water to the subject site for City Engineer review and approval. 2. The City is not responsible for providing sanitary sewer and water connections. 3. The extension of Queens Avenue from 601h Street to 65th Street will be at the expense of the applicant. 4. A park dedication fee equal to $3,500.00 per gross acre, totaling $73,500 is to be paid in lieu of parkland as required per Section 21-7-18 of the Subdivision Ordinance. 5. The preliminary plat is to be revised to show a north/south trail running along the east side of Queens Avenue. 6. The grading plan is to be revised to show a 20 foot protective buffer and a 40 foot building setback around the delineated wetlands. 7. All grading, drainage and utility plans are subject to review and approval of the City Engineer. PASSED by the Otsego City Council this 8th day of September, 2003. Attest: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk 2 CITY OF 09-02-03 0 T S E G 0 FINDINGS & DECISION WRIGHT COUNTY, MINNESOTA Negative Declaration of EIS APPLICANT: Suburban Land Development and Design Inc. APPLICATION: Consideration of an Environmental Assessment Worksheet related to the Rolling Meadows preliminary plat. CITY COUNCIL MEETING: 8 September 2003 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The property lies within the East Sanitary Sewer District and is guided for industrial and medium density residential land uses by the Otsego Comprehensive Plan. C. The property is zoned 1-2 Industrial. The 10 lots of the proposed industrial preliminary plat is consistent with the lot standards of the 1-2 district. D. The project requires preparation of a mandatory EAW pursuant to Minnesota Rules 4410.4300 Subp. 36.A. E. The EAW was approved by the Otsego Zoning Administrator for distribution, was published in the Environmental Quality Board Monitor on 4 August 2003. The 30 day comment period ended 3 September 2003. F. Section 20-38-3.D.4 of the Zoning Ordinance requires the City Council to base its decision on the need for an Environmental Impact Statement (EIS) and the proposed scope of an EIS on the information gathered during the EAW process and on the comments received ont eh EAW. Pursuant to Minnesota Rules 4410.1700, in deciding whether a project has the potential for significant environmental effects, the following factors shall be considered: a. Type, extent and reversibility of environmental effects. b. Cumulative potential effects of related or anticipated future projects. C. The extent to which the environmental effect are subject to mitigation by ongoing public regulatory authority. d. The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, or of EISs previously prepared on similar projects. G. The planning report dated 30 July 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. H. The engineering review dated 4 August 2003 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. The Otsego Planning Commission conducted a public hearing at their regular meeting on 4 August 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended by a 7-0 vote that the City council make a finding that the request does not have the potential for significant environmental effects and preparation of an EIS is not necessary based on the aforementioned findings. A letter dated 2 September 2003 was received from MNDoT regarding the EAW. The response to the EAW comments dated 8 September 2003 prepared by the City Planning is incorporated herein. K. No other comments were received during the 30 day comment period regarding the project EAW. DECISION: Based on the foregoing information the proposed Rolling Meadows does not have the potential for significant environmental effects and preparation of an Environmental Impact Statement (EIS) is not to be required, subject to the following condition: The project shall proceed in conformance with the preliminary plat and applicable stipulations approved 8 September 2003 by the City Council. PASSED by the Otsego City Council this 8th day of September, 2003. Attest: CITY OF OTSEGO In Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com 8 September 2003 Mary McNeff Minnesota Department of Transportation — Metropolitan Division 1500 County Road B2 Roseville, MN 55113 RE: Otsego — Rolling Meadows; Responses to EAW Comments NAC FILE: 176.02 — 03.23 Dear Ms. Wallace: This office serves as the City Planner for the City of Otsego. The City is in receipt of your letter dated 2 September 2003 regarding the Environmental Assessment Worksheet prepared for the Rolling Meadows preliminary plat by project proposer Suburban Land Development and Design, Inc. The City received this letter prior to the close of the 30 -day comment period for the EAW ending 3 September 2003. The following are the required responses to your comments: 1. Traffic generated by the proposed development will be related to the planned future residential phase of the project. Because of a current subdivision moratorium for residential development, this element of the project is not being reviewed at this time. At such time as a preliminary plat is submitted for the residential project, evaluation of traffic generation and its impact to the capacities of streets serving the subject site will be considered. 2. The location of the project will not impact lands needed for the proposed interchanges at CSAH 37 or CSAH 36. 3. Stormwater ponding is subject to review and approval of the City Engineer and will meet all applicable MNDoT requirements. 4. The preliminary plat will depict the boundary of MNDoT right-of-way. 5. Any construction within MNDoT right-of-way will require necessary permits. Mr. Mary McNeff 8 September 2003 Page 2 6. The proposed land uses reflect consideration of the potential noise impacts from traffic on TH 101 and are consistent with the Otsego Comprehensive Plan adopted in 1998 and updated in 2001. Additionally, the City requires buffer yard landscaping to be installed within the yards of residential projects abutting collector streets such as Queens Avenue, which will also mitigate noise from TH 101. 7. Any construction impacting CSAH 36 and CSAH 37 will be subject to CSAH standards and approval of Wright County. Based upon a review of the EAW, preliminary plat application and the comments received, the City does not believe it necessary to require preparation of an Environmental Impact Statement. Further, the City believes that issues identified during the environmental review process will be suitably addressed as part of the current and anticipated future preliminary plat reviews. We appreciate the comments submitted regarding the Rolling Meadows EAW and look forward to working with MNDoT and Wright County Staff on the relevant issues raised about the preliminary plat application. If you have any questions or comments, please do not hesitate to call our office at 952.595.9636. Sincerely, NORTHWEST ASSOCIATED CONSULTANTS, INC. D. Daniel Licht, AICP Senior Planner PC. Mike Robertson, City Administrator Judy Hudson, City Clerk / Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer Wayne Fingleson, Wright County Engineer Victor Pacheco, Applicant Review No. 1 ENGINEERING REVIEW Hakanson Residential Subdivision Anderson for the City of Otsego Assoc., Inc. by Hakanson Anderson Associates, Inc. Submitted to: Honorable Mayor and City Council cc: Mike Robertson, Administrator Judy Hudson, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Victor Pacheco, Suburban Land Development and Design, Inc. Joseph Pelawa, P.E., John Oliver & Associates, Inc. Reviewed by: Ronald J. Wagner, P.E. Shane M. Nelson, E.I.T. Date: August 4, 2003 Proposed Development: Rolling Meadows Street Location of Property: A portion of the S'/z of Section 35, T121, R23 104 Acres east of HWY 101, south of 65th Street NE and north of 60th Street NE Applicant: Victor Pacheco Suburban Land Development and Design, Inc. 406 Main Street Elk River, MN 55330 (763) 633-0808 Developer: Suburban Land Development and Design, Inc. Owners of Record: Suburban Land Development and Design, Inc. Purpose: Rolling Meadows is a proposed 10 industrial lot development on 104 acres in the City of Otsego, Wright County, Minnesota. The proposed development will be served with municipal water, sanitary sewer, storm sewer and public streets typical of an urban setting. Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of (but not limited to) Health, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, Minnesota Department of Transportation Permits Required: NPDES (but not limited to) \\Ha01\Shared Docs\Municipal\AOTSEGO2000\2267�ot2267RVW1.doc TABLE OF CONTENTS INFORMATION AVAILABLE SUBDIVISION CONFIGURATION, LOT SIZE, DENSITY STREETS PRELIMINARY PLAT WETLANDS SURFACE WATER MANAGEMENT TRAFFIC/ACCESS ISSUE SANITARY SEWER COLLECTION SYSTEM WATER DISTRIBUTION SYSTEM ENVIRONMENTAL OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION \\hia01`Shared Docs\Municipai\AOTS�—GO2000\226T\ot2267RVW1.doc INFORMATION AVAILABLE Preliminary Plat of Rolling Meadows, 6/30/03, by John Oliver & Associates, Inc. Preliminary Grading Plan of Rolling Meadows, 7/1/03, by John Oliver & Associates, Inc. Preliminary Utility Plan of Rolling Meadows, 7/1/03, by John Oliver & Associates, Inc. Drainage Calculations for Rolling Meadows, 6/30/03, by John Oliver & Associates, Inc. City of Otsego Engineering Manual Minnesota Rules, Chapter 4410 — EAW Requirement Trunk Stormwater Facilities Study for Portions of the Otsego Creek Watershed, February 2003 City of Otsego Zoning and Subdivision Ordinances, 10/14/02 National Wetland Inventory Map, 1991 SUBDIVISION CONFIGURATION, LOT SIZE, DENSITY 1. No comments. STREETS 1. Include centerline horizontal curve data on plan. 2. The plan depicts removal of the north half of the cul-de-sac on the west end of 60th Street NE and vacation of the easement. Vacating the easement and removing the north half of the cul-de-sac will also require vacation of the remaining 60th Street NE ROW, thus converting 60th Street NE into a private drive. We recommend removing the horizontal curve and extending the drive to the east to form approximately a 900 intersection with Queens Avenue NE. This will require cooperation from the property owner of the first lot to the south of the plat. PRELIMINARY PLAT 1. Location, size, and elevations of existing storm sewer and culverts, or any other underground facility within 150 feet of the proposed plat, shall be shown on the plan. (21-6-2.B.5.) 2. Location, dimensions, and purpose of all proposed easements shall be shown on the plan. (21-6-2.C.5.) Page 9 \\Ha01\Shared Docs\Municipal\AOTSEGC2000\2267\ot2267RV1N1.doc 3. The ROW shall be rounded at intersections parallel to back of curb. 4. 2 -year and 10 -year peak elevations shall also be labeled for each of the stormwater ponds. (6.0.B.) -5. Geotechnical data shall be submitted for review. WETLANDS 1. Submit a wetland delineation report. 2. Avoidance of wetlands must be attempted. If wetlands must be disturbed or filled they must be mitigated as per WCA requirements. (20-16-9.E.2.) 3. A protective buffer of natural vegetation at least 20' wide from the delineated edge shall surround all wetlands. A principal building setback of 40' from the delineated edge of all wetlands or 20' from the protective buffer easement, whichever is greater, shall be provided. (20-16-9.E.) SURFACE WATER MANAGEMENT 1. The drainage calculations are under review. TRAFFIC/ACCESS ISSUE 1. No comments. SANITARY SEWER COLLECTION SYSTEM 1. Currently, there is no sanitary sewer extended to the property. Extending sewer to the property shall be the responsibility of the developer. A plan shall be submitted depicting the extension. Sanitary sewer connection will need to come from the gravity sewer line along CSAH 36 in the Riverpointe Addition. WATER DISTRIBUTION SYSTEM 1. Currently there is no City water extended to the property. Extending water to the property shall be the responsibility of the developer. A plan shall be submitted depicting the extension. Water connection will need to be from a trunk line located near the intersection of CSAH 37 & TH 101. ENVIRONMENTAL 1. The Environmental Assessment Worksheet has been completed. It has been submitted for publication in the EQB Monitor and is going through the 30 -day comment period. Page 2 \\Ha01\Shared Docs\Municipal\AOTSEGO2000\2267\ot2267RVw1.doc OTHER CONSIDERATIONS 1. Benchmarks need to be shown on each sheet (see page 7 Section 111.14 of Engineering Manual). SUMMARY AND/OR RECOMMENDATION We recommend that a plan depicting the sanitary sewer and watermain extensions be submitted prior to consideration of preliminary plat approval. Page 3 \\Ha01\Shared Docs\Municipal\AOTSEGO2000\2267\ot2267RVW1.doc NORTHWEST ASSOCIATED ITEM 6.2 CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 2 September 2003 RE: Otsego — Meneley Building Relocation CUP NAC FILE: 176.02 — 03.29 The Planning Commission held a public hearing on 2 September 2003 to consider the proposed relocation of an existing accessory building to Scott and Shelly Meneley's lot at 9115 Nashua Avenue North. There were no comments from the public. Mr. Meneley addressed the comments in the planning report and indicated that he has begun to clean up the property and remove several of the existing detached accessory buildings. The conditions recommended by City Staff and the Planning Commission would require clean up of the property prior to relocation of the existing pole building to the subject site. Following discussion by the Planning Commission, the public hearing was closed and the Planning Commission voted 7-0 to recommend approval of the request subject to the conditions outlined below. The application will be considered by the City Council at their meeting on 8 September 2003. A. Motion to approve a conditional use permit to allow relocation of an existing building, subject to the following conditions: 1. A building permit is applied for and approved by the Building Official prior to relocation of the structure. 2. The applicant must submit a dimensioned site plan of the entire site, showing the location and dimensions of the proposed and existing detached accessory structures. 3. There is to be no more than two (2) detached accessory buildings on the subject site with not more than 3,500 square feet of total floor area. 4. The applicant must submit information confirming that the height of the proposed accessory structure does not exceed that of the existing principal structure. 5. The applicant must address all outstanding code enforcement violations, including junk, debris (old desks) located within the site prior to relocation of the proposed structure. 6. A security as required by Section 20-19-3 of the Zoning Ordinance is posted as determined by the building official. 7. A security as determined by the Zoning Administrator is posted per Section 20-4-7 of the Zoning Ordinance to ensure compliance with accessory building requirements and resolution of all existing code violations. 8. Comments of other City Staff. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and Zoning Ordinance. C. Motion to table the request. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Scott and Shelley Meneley FA CITY OF 0 T S E G 0 WRIGHT COUNTY, MINNESOTA APPLICANT: Scott and Shelly Meneley. 09-02-03 FINDINGS & DECISION CONDITIONAL USE PERMIT APPLICATION: Request CUP to relocation of an existing detached accessory building to 9115 Nashua Avenue NE. CITY COUNCIL MEETING: 8 September 2003 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 described on Exhibit A. B. The property lies within the Urban Service Area Reserve and is guided for agriculture land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned A-1, Agriculture Rural Service District. D. The property is approximately 5.0 acres in area and developed with a single family dwelling and detached accessory buildings, which is a permitted use of the A-1 District. E. Section 20-16-4.6 of the Zoning Ordinance allows single family uses on parcels between 5.01 and 6.00 acres in the A-1 District up to 3,500 square feet of detached accessory building area but not more than two structures. Pole building construction is allowed for parcels of five acres or more. F. The relocation of existing structures to lots within the City are subject to the performance standards outlined in Section 20-19-3 of the Zoning Ordinance. G. The Planning Commission and City Council are to evaluate the request based upon (but not limited to) the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The relocation of the proposed pole building onto the subject site includes the removal of a deteriorating structure and provides the site the needed storage space forjunk and debris scattered throughout the site. The applicant's have been recipients of code violations regarding junk and debris in the past. As a condition of approval, the site must be cleared of all code enforcement issues. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The area is developed with a mix of low density single family residential uses and agricultural uses, which are planned to continue by the Comprehensive Plan. As such, the proposed use will be compatible with present and future land uses. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The relocated structure must conform to all performance standards as defined in the Zoning Ordinance. 4. The proposed use's effect upon the area in which it is proposed. Finding: The relocated pole building should have not have a negative effect upon the surrounding area. 5. The proposed uses impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: The proposed use is an accessory structure and will not generate any additional traffic than what exists now. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Finding: The proposed use is an accessory structure and will not have an impact upon the City's services. H. The planning report dated 26 August 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. The Otsego Planning Commission conducted a public hearing at their meeting on 2 September 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for a conditional use permit is hereby approved based on the most current plan and information received to date, subject to the following conditions: A building permit is applied for and approved by the Building Official prior to relocation of the structure. 2. The applicant must submit a dimensioned site plan of the entire site, showing the location and dimensions of the proposed and existing detached accessory structures. 3. There is to be no more than two (2) detached accessory buildings on the subject site with not more than 3,500 square feet of total floor area. 2 4. The applicant must submit information confirming that the height of the proposed accessory structure does not exceed that of the existing principal structure. 5. The applicant must address all outstanding code enforcement violations, including junk, debris (old desks) located within the site prior to relocation of the proposed structure. 6. A security as required by Section 20-19-3 of the Zoning Ordinance is posted as determined by the building official. 7. A security as determined by the Zoning Administrator is posted per Section 20-4-7 of the Zoning Ordinance to ensure compliance with accessory building requirements and resolution of all existing code violations. PASSED by the Otsego City Council this 8th day of September, 2003. Attest: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk 3 NORTHWEST ASSOCIATED CONSULTANTS, ITEM 6.3 INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP RE: Otsego — Swenson Accessory Bldg PUD -CUP Amendment REPORT DATE: 2 September 2003 ACTION DATE: 27 September 2003 (60 -days) NAC FILE: 176.02 — 03.26 CITY FILE: 2003 - The Planning Commission held a public hearing on 2 September 2003 to consider the request to amend the PUD -CUP governing Mississippi Pines to change the status of the existing barns on Lot 4, Block 1 owned by Carl and Joy Swenson. The existing buildings are non -conforming structures and the applicant's were seeking to make their number and area allowed to facilitate preservation of the barns. Mr. Swenson addressed the Planning Commission regarding their plans for the buildings and indicated that they agreed to the conditions of approval recommended by City Staff. Two residents with lots to the north of the subject site spoke about concerns for the appearance of the buildings and their use. These individual indicated that they are supportive of the applicant's intent noting that the buildings establish a large part of the character of the Mississippi Pines neighborhood and that they were satisfied by the recommended conditions. City staff further explained that the conditions are recorded on the deed to the property and thus are continued even if there is a change in ownership. The Planning Commission was also supportive of the intent of the applicant's request to preserve this type of building, which are being lost throughout the City. After closing the public hearing, the Planning Commission voted 6-0 (Commissioner Swenson reclused himself) to recommend approval: A. Motion to approve a PUD -CUP amendment to allow for four detached accessory structures with a floor area not to exceed 9,500 square feet for Lot 4, Block 1 of Mississippi Pines based on a finding that preservation of the existing barns is consistent with the intent of the Comprehensive Plan and R -C District, subject to the following conditions: Modification to the exterior of any of the existing buildings that would alter their traditional agricultural appearance shall require amendment of the PUD -CUP. Such modifications shall include (but not be limited to) changes to the roof line or pitch, changes to the building footprint, or replacement or reconstruction of the entire structure. Maintenance items such as painting, siding, window or door replacement, roof replacements and the like shall not require a PUD -CUP amendment. 2. Use of the buildings is limited to those customary and incidental to residential uses and may include the keeping of farm animals as allowed by the Otsego Zoning Ordinance. The buildings shall not be used in the conduct of any business, home extended business or warehousing activities. 3. Comments of other City Staff. B. Motion to deny the application based on a finding that the request is inconsistent with the provisions of the Comprehensive Plan: C. Motion to table the request. pc. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Carl and Joy Swenson 2 CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA APPLICANT: Carl and Joy Swenson. 09-02-03 FINDINGS & DECISION PUD -CUP AMENDMENT APPLICATION: Request for a PUD -CUP Amendment to allow four detached accessory structures with a combined floor area of 9,500 square feet. CITY COUNCIL MEETING: 8 September 2003 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is Lot 4, Block 1, Mississippi Pines. B. The property lies within the Rural Residential Preserve and is guided for rural residential land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned R -C, Residential Rural Open Space Cluster District. The subject site is also governed by a PUD -CUP approved with the Mississippi Pines preliminary plat. D. Single family uses in the R -C District are allowed not more than two detached accessory structures, the size of any one structure may not exceed 1,500 square feet and the total area allowed may not exceed 2,000 square feet from parcels the size of the subject site pursuant to Section 20-16-4.13 of the Zoning Ordinance. E. The detached accessory buildings on the subject are non -conforming due to number, floor area of individual buildings, and total floor area. The applicant has requested amendment of the existing PUD -CUP to change the status of the existing buildings to allowed structures for their maintenance and preservation. F. The Planning Commission and City Council are to evaluate the request based upon (but not limited to) the criteria outlined in Section 20-4-2.17 of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The City established the R -C District to be implemented for the area north of CSAH 39 in order to preserve an area within the City with a rural character and scenic open space as part of the 1998 Comprehensive Plan Update. The Mississippi Pines subdivision was approved in 2000 under the R -C District performance standards. The design of the subdivision provided for a sweeping open space along CSAH 39 to the east of the applicant's subject site with new development located beyond a ridgeline to the north to minimize its visibility. The traditional barns on the applicant's property are a significant landmark of the area, especially the northern most buildings near the top of the ridgeline. Traditional bams such as those on the applicant's property were constructed from the mid 1850s to the 1960s and are characteristic of rural areas in Wright County. The materials used to build these barns together with changes in agricultural practices and growing urban development make bams such as the applicant's a vanishing element from the rural landscape. In order to preserve an important part of Otsego's historic character, preservation of the applicant's buildings through the provisions of the R -C District would be considered to be consistent with the provisions of the Comprehensive Plan. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The maintenance of the existing buildings on the 10 acre lot will not present any compatibility issues provided that they are used in a manner consistent with a principal residential use of the property. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: With exception to the non -conforming status of buildings related to number, floor area per building, and total floor area addressed by the PUD-CUO, the existing buildings meet all other applicable performance standards. 4. The proposed use's effect upon the area in which it is proposed. Finding: The existing buildings are an identifiable landmark of this area of the City and would contribute to the preservation of rural character for this neighborhood. 5. The proposed use's impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: The proposed use is not anticipated to generate any additional traffic. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Finding: The proposed use is not anticipated to have a negative impact to the City s service capacity. G. The planning report dated 27 August 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. H. The Otsego Planning Commission conducted a public hearing at their meeting on 2 September 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. 4 DECISION: Based on the foregoing information and applicable ordinances, the request for a PUD - CUP amendment is hereby approved based on the most current plan and information received to date, subject to the following conditions: Modification to the exterior of any of the existing buildings that would alter their traditional agricultural appearance shall require amendment of the PUD -CUP. Such modifications shall include (but not be limited to) changes to the roof line or pitch, changes to the building footprint, or replacement or reconstruction of the entire structure. Maintenance items such as painting, siding, window or door replacement, roof replacements and the like shall not require a PUD -CUP amendment. 2. Use of the buildings is limited to those customary and incidental to residential uses and may include the keeping of farm animals as allowed by the Otsego Zoning Ordinance. The buildings shall not be used in the conduct of any business, home extended business or warehousing activities. PASSED by the Otsego City Council this 8th day of September, 2003. Attest: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk NORTHWEST ASSOCIATED ITEM 6.4 CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP RE: Otsego — Jansen Building Relocation CUP MEMO DATE: 2 September 2003 ACTION DATE: 11 October 2003 NAC FILE: 176.02 — 03.28 CITY FILE: 2003-40 The Planning Commission held a public hearing on 2 September 2003 to consider the request of Patrick and Carolyn Jansen to relocate an existing single family dwelling to their property at 14576 84th Street. There were no public comments. Mr. Jansen addressed the comments in the staff report regarding the location of the building 35 feet from 84th Street. The Planning Commission also asked about the location of adjacent dwellings relative to the 35 foot setback. The property has adequate area to shift the building five feet to the north and the applicant indicated that meeting the setback was his intention. The Planning Commission closed the public hearing and voted 7-0 to recommend approval of the request. Options for City Council action at their meeting on 8 September 2003 at 6:30 PM are outlined below consistent with the recommendation of the Planning Commission. A. Motion to approve a CUP to allow relocation of an existing single family dwelling, subject to the following conditions: 1. A building permit is applied for and approved by the Building Official prior to relocation of the structure. 2. The relocated structure shall be ready for occupancy within six (6) months from the date of location on the site, subject to approval of the Building Official. 3. An occupancy permit for the relocated structure shall not be issued until such time as all existing structures and debris are removed from the property. 4. The structure must meet all setback requirements, including the 35 foot front yard setback from the front property line adjacent to 84th Street. 5. The applicant is to submit a certificate of survey identifying the building, septic system and well locations. 6 The design of an on-site septic system and well are a subject to review and approval of the Building Official. 7. A security as required by Section 20-19-3 of the Zoning Ordinance as determined by the building official is posted. 8. Comments of other City Staff. B. Motion to deny the request based on a finding that the application is inconsistent with the Comprehensive Plan and Zoning Ordinance. C. Motion to table the request. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Patrick and Carolyn Jansen 2 CITY OF 0 T S E G 0 WRIGHT COUNTY, MINNESOTA APPLICANT: Patrick and Carolyn Jansen. 09-02-03 FINDINGS & DECISION CONDITIONAL USE PERMIT APPLICATION: Request CUP to relocation of an existing single family dwelling to to 14576 84tH Street NE. CITY COUNCIL MEETING: 8 September 2003 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. B. C. D. E. F. The legal description of the property is Lot 9, Block 1 Vassuer's Oak Grove Estates The property lies within the Long Range Urban Service Area and is guided for low density residential land uses by the Otsego Comprehensive Plan, as amended. The property is zoned R-3, Residential Long Range Urban Service Area District. Single family dwellings are a permitted use in the R-3 District. Section 20-19-1 of the Zoning Ordinance requires a conditional use permit for relocation of existing structures to lots within the City. The relocation of existing structures to lots within the City are subject to the performance standards outlined in Section 20-19-3 of the Zoning Ordinance. The Planning Commission and City Council are to evaluate the request based upon (but not limited to) the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The City's Comprehensive Plan consists of policy's that support the upgrading of neighborhoods while preserving its character. The proposed relocation of a larger single family home on a lot that currently includes a manufactured home appears to meet this policy. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The area is developed with low density single family residential uses, which are planned to continue by the Comprehensive Plan. As such, the proposed use will be compatible with present and future land uses. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The subject site and relocated structure conform to all performance standards, with the exception of the 35 foot front yard setback requirement. The site plan must be redesigned to meet this requirement and a certificate of survey is necessary to document compliance. 4. The proposed use's effect upon the area in which it is proposed. Finding: The relocated single family use on the property may be considered an improvement of the property from its existing condition and therefore anticipated to have a positive effect on the neighborhood. 5. The proposed uses impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: The relocated structure will access off of 84"' Street and will not generate traffic beyond the capabilities of streets serving the subject property. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Finding: The proposed use is not anticipated to have a negative impact to the City's service capacity. G. The planning report dated 26 August 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. H. The Otsego Planning Commission conducted a public hearing at their meeting on 2 September 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for a conditional use permit is hereby approved based on the most current plan and information received to date, subject to the following conditions: A building permit is applied for and approved by the Building Official prior to relocation of the structure. 2. The relocated structure shall be ready for occupancy within six (6) months from the date of location on the site, subject to approval of the Building Official. 3. An occupancy permit for the relocated structure shall not be issued until such time as all existing structures and debris are removed from the property. 4. The structure must meet all setback requirements, including the 35 foot front yard setback from the front property line adjacent to 84th Street. 2 5. The applicant is to submit a certificate of survey identifying the building, septic system and well locations. 6 The design of an on-site septic system and well are a subject to review and approval of the Building Official. 7. A security as required by Section 20-19-4 of the Zoning Ordinance as determined by the building official is posted. PASSED by the Otsego City Council this 8th day of September, 2003. Attest: CITY OF OTSEGO By: Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk 3 ITEM 6.5 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP RE: Otsego — Torgerson Building Relocation CUP MEMO DATE: 2 September 2003 ACTION DATE: 10 October 2003 NAC FILE: 176.02 — 03.30 CITY FILE: 2003- A 003 - A public hearing was held on 2 September 2003 to consider the request of Wayne and Diane Torgerson who are proposing to relocate an existing single family dwelling to their property at 13912 80th St. NE. There were no public comments. The applicant clarified the location of the proposed relocated house to the rear of the property and continued use of just one driveway to 80th Street. The Planning Commission had no additional concerns. The Planning Commission closed the public hearing and voted 7-0 to recommend approval of the request as outlined below. The application will be considered by the City Council at their meeting on 8 September 2003 at 6:30 PM. A. Motion to approve a CUP to allow relocation of an existing single family dwelling, subject to the following conditions: 1. A building permit is applied for and approved by the Building Official prior to relocation of the structure. 2. One of the existing detached accessory structures is to be removed from the site and the remaining detached accessory buildings are to meet all performance standards for accessory structures. 3. The relocated structure shall be ready for occupancy within six (6) months from the date of location on the site, subject to approval of the Building Official 4. An occupancy permit for the relocated structure shall not be issued until such time as all existing structures and debris are removed from the property. 5. The applicant is to submit a certificate of survey identifying the building, septic system and well locations. 6. The design of an on-site septic system and well are subject to the review and approval of the Building Official. 7. A security as required by Section 20-19-3 of the Zoning Ordinance as determined by the building official is posted. 8. Comments of other City Staff B. Motion to deny the request based on a finding that the request is inconsistent with the Comprehensive Plan and Zoning Ordinance. C. Motion to table the request. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Wayne and Diane Torgerson 2 CITY OF 0 T S E G 0 WRIGHT COUNTY, NIM ESOTA APPLICANT: Wayne and Diane Torgerson. 09-02-03 FINDINGS & DECISION CONDITIONAL USE PERMIT APPLICATION: Request CUP to relocation of an existing single family dwelling to 13912 801h Street NE. CITY COUNCIL MEETING: 8 September 2003 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: In C. 0 A F The legal description of the property is Lot 16, Block 2 Vassuer's Oak Grove Estates 3rd Addition. The property lies within the Long Range Urban Service Area and is guided for low density residential land uses by the Otsego Comprehensive Plan, as amended. The property is zoned R-3, Residential Long Range Urban Service Area District. Single family dwellings are a permitted use in the R-3 District. Section 20-19-1 of the Zoning Ordinance requires a conditional use permit for relocation of existing structures to lots within the City. The relocation of existing structures to lots within the City are subject to the performance standards outlined in Section 20-19-3 of the Zoning Ordinance. The Planning Commission and City Council are to evaluate the request based upon (but not limited to) the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The City's Comprehensive Plan includes policy's that support the upgrading of neighborhoods while preserving their character. The proposed relocation of a larger single family home is supported by this policy. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The area is developed with low density single family residential uses, which are planned to continue by the Comprehensive Plan. As such, the proposed use will be compatible with present and future land uses. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The subject site and relocated structure conforms to all requirements of the Zoning Ordinance, subject to one of the existing sheds being removed from the site and all accessory structures being at least 10 feet from a property line. 4. The proposed use's effect upon the area in which it is proposed. Finding: The relocated single family use on the property may be considered an improvement of the property from its existing condition and therefore anticipated to have a positive effect on the neighborhood. 5. The proposed uses impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: The relocated structure will access off of 80th Street and will not generate traffic beyond the capabilities of streets serving the subject property. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Finding: The proposed use Is not anticipated to have a negative impact upon the City's service capacity. G. The planning report dated 26 August 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. H. The Otsego Planning Commission conducted a public hearing at their meeting on 2 September 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for a conditional use permit is hereby approved based on the most current plan and information received to date, subject to the following conditions: A building permit is applied for and approved by the Building Official prior to relocation of the structure. 2. One of the existing detached accessory structures is to be removed from the site and the remaining detached accessory buildings are to meet all performance standards for accessory structures. 3. The relocated structure shall be ready for occupancy within six (6) months from the date of location on the site, subject to approval of the Building Official 4. An occupancy permit for the relocated structure shall not be issued until such time as all existing structures and debris are removed from the property. 5. The applicant is to submit a certificate of survey identifying the building, septic system and well locations. 6. The design of an on-site septic system and well are subject to the review and approval of the Building Official. 7. A security as required by Section 20-19-3 of the Zoning Ordinance as determined by the building official is posted. PASSED by the Otsego City Council this 8th day of September, 2003. Attest: CITY OF OTSEGO By: Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk 3 NORTHWEST ASSOCIATED CONSULTANTS ITEM 6.6 INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP RE: Otsego — Otsego West Preliminary Plat REPORT DATE: 2 September 2003 ACTION DATE: 11 October 2003 NAC FILE: 176.02 — 03.27 CITY FILE: 2003-42 The Planning Commission held a public hearing to consider the Otsego West Preliminary Plat consisting of 144 single family lots. Mr. Scott Dahlke represented the developer and addressed the City Staff comments. Public comments were limited to two adjacent residents. One was concerned about noticing requirements and the impact to his property to the west of the subject site. The other comments were from John Kolles who was concerned about the future alignment of 67th Street, sewer service extension to his property for future development and stormwater drainage. City Staff address these comments, although Mr. Kolles' stormwater issues require further comment from the City Engineer. The Planning Commission discussion focused on future alignment of 67th Street and the recommendation from our office and the City Engineer that the plat is revised to locate stormwater ponds at the southeast corner of the project in rear yards. The Planning Commission concurred with City Staff on both issues. The Planning Commission closed the public hearing and voted 7-0 to recommend approval subject to the conditions outlined below. The application will be considered by the City Council at their meeting on 8 September 2003. Decision 1 — Zoning Map Amendment A. Motion to approve a Zoning Map amendment rezoning the subject site from A-1 District to R-4 District based upon a finding that the request is consistent with the Comprehensive Plan. B. Motion to deny the application based on a finding that the request is inconsistent with the policies of the Comprehensive Plan. C. Motion to table the request. Decision 2 — Preliminary Plat A. Motion to approve the Otsego West Preliminary Plat, subject to the following conditions: 1. Approval of the preliminary plat does not guarantee access to sanitary sewer capacity. Sanitary sewer capacity shall be allocated only to approved final plats with executed development contracts to assure the City of timely development. 2. A final plat application shall not be approved prior to final plat approval and execution of development contracts for the Martin Farms and Zimmer Farms subdivisions to provide for extension of sanitary sewer and water utilities to serve the subject site. 3. The applicant shall improve 67th Street to a local urban section from the east line of Zimmer Farms to its intersection with Avenue D. Lots within Block 2 shall access only to Street 3 to allow for future relocation of 67th Street. The applicant shall agree that future vacation of the existing 67th Street right-of-way is to be turned back entirely to the property to the north to provide for relocation of the roadway within that parcel. 4. The preliminary plat is revised to provide the two ponding areas at the south east corner of the subject site within the rear yards of lots with access to the east provided at a location meeting the 1,200 block length limit established by the Subdivision Ordinance. The preliminary plat is also revised to extend the side lot lines within Block 4 to include the ponding area currently within Outlot A. 5. The preliminary plat is revised to illustrate a 40 foot principal building setback from all wetland areas as required by Section 20-16-9.E of the Zoning Ordinance. 6. The applicant shall provide for extension of Avenue D the full frontage of the park parcel and dedication of the park parcel with the first phase final plat. 7. All grading, utilities and easements are subject to review and approval of the City Engineer. 2 8. The applicant shall enter into a development contract upon approval of a final plat and pay all applicable fees and securities, subject to review and approval of the City Attorney. 9. The dwellings on Lots 1-3 of Block 9 shall all be constructed to "front" Avenue A or the preliminary plat is revised to eliminate Lot 2, Block 9, subject to review and approval of City Staff. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Mike Leuer/Ralph Munsterteiger Scott Dahlke Floyd and Beverly Roden John Kolles CITY OF OTSEG0 WRIGHT COL1iTY, NHNNiESOTA APPLICANT: Otsego West, LLC. 09-02-03 FINDINGS & DECISION ZONING MAP AMENDMENT APPLICATION: Request for a Zoning Map amendment to rezone land included as part of the Otsego West preliminary plat from A-1 District to R-4 District. CITY COUNCIL MEETING: 8 September 2003 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The property lies within the West Sanitary Sewer Service District and is guided for low density residential land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned A-1, Agriculture Rural Service District. The applicant has requested a rezoning to R-4, Residential Urban Single Family District for development of single family residential lots. The R-4 District allows for single family uses as a permitted use. D. The Planning Commission and City Council are to evaluate the application based upon (but not limited to) the criteria outlined in Section 20-3-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The subject site is guided by the Comprehensive Plan for low density residential uses. Low density residential use is defined as having less than four units per gross acre and generally consisting of single family housing. The proposed development is all single family housing on lots larger than 12,000 square feet with a density of 2.0 units per acre. The proposed preliminary plat adds to the available single family lots within the west sanitary sewer service district balancing the housing supply. 2. The proposed use's compatibility with present and future land uses of the area. Finding. The subject site is surrounded by the following existing and planned land uses: Direction Land Use Plan Zoning Map Existing Use North LD Residential A-1 District Agriculture East Agriculture A-2 District A-1 District Agriculture South LD Residential A-1 District -I Agriculture West LD Residential R-6 District I Zimmer Farms The Zimmer Farms plat provides for transition to single family uses such as proposed for the subject site. Similar uses may be expected to develop to the north and south of the subject site. Future use of the areas east of the subject site, which are outside of the west sanitary sewer service district, have not been determined. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: The proposed preliminary plat will be required to meet all applicable performance standards. 4. The proposed use's effect upon the area in which it is proposed. Finding: The proposed preliminary plat is a logical extension of urban development utilizing infrastructure being installed as part of the Martin Farms and Zimmer Farms developments. 5. The proposed use's impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: The proposed preliminary plat will have access to an upgraded Maclver Avenue, which will be the primary collector street for development in the west sanitary sewer service district. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Finding: The proposed use is anticipated to provide for more full utilization of planned infrastructure improvements being installed as part of the Martin Farms and Zimmer Farms developments. E. The planning report dated 26 August 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The engineering review dated 26 August 2003 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their meeting on 2 September 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing recommended by a 26 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for a Zoning Map amendment related to the Otsego West preliminary plat is hereby approved based on the most current plan and information received to date. 2 PASSED by the Otsego City Council this 8th day of September, 2003. Attest: CITY OF OTSEGO A Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk 3 ORDINANCE NO.: CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR LAND TO BE DEVELOPED AS PART OF THE OTSEGO WEST PRELIMINARY PLAT. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. The official Zoning Map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the property legally described by Exhibit (the "property"). Section 2. The property is hereby rezoned from an A-1, Agriculture Rural Service District designation to a R-4, Residential Urban Single Family District designation. Section 3. The Zoning Administrator is hereby directed to make appropriate changes to the official Zoning Map of the City of Otsego to reflect the change in zoning classification set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication and the filling of a final plat. PASSED by the Otsego City Council this 8th day of September, 2003. CITY OF OTSEGO 100 Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk CITY OF 0 T S E G 0 WRIGHT COUNTY,1vIINNESOTA APPLICANT: Otsego West, LLC. 09-02-03 FINDINGS & DECISION PRELIMINARY PLAT APPLICATION: Request for preliminary plat approval for a 144 lot single family subdivision to be known as "Otsego West". CITY COUNCIL MEETING: 8 September 2003 FINDINGS: Based upon review of the application, the recommendation of the Planning Commission, and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is attached as Exhibit A. B. The property lies within the West Sanitary Sewer Service District and is guided for low density residential land uses by the Otsego Comprehensive Plan, as amended. C. The property is zoned R-4, Residential Urban Single Family District consistent with the Comprehensive Plan. The R-4 District allows for single family uses as a permitted use. D. The preliminary plat consists of 144 single family lots, three outlots and land to be dedicated for development of a public park. E. The planning report dated 26 August 2003 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. F. The engineering review dated 26 August 2003 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their meeting on 2 September 2003 to consider the application, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing recommended by a 7-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request for preliminary plat approval of Otsego West is hereby approved based on the most current plan and information received to date, subject to the following conditions: 1. Approval of the preliminary plat does not guarantee access to sanitary sewer capacity. Sanitary sewer capacity shall be allocated only to approved final plats with executed development contracts to assure the City of timely development. 2. A final plat application shall not be approved prior to final plat approval and execution of development contracts for the Martin Farms and Zimmer Farms subdivisions to provide for extension of sanitary sewer and water utilities to serve the subject site. 3. The applicant shall improve 67`h Street to a local urban section from the east line of Zimmer Farms to its intersection with Avenue D. Lots within Block 2 shall access only to Street 3 to allow for future relocation of 67th Street. The applicant shall agree that future vacation of the existing 67th Street right-of-way is to be turned back entirely to the property to the north to provide for relocation of the roadway within that parcel. 4. The preliminary plat is revised to provide the two ponding areas at the south east corner of the subject site within the rear yards of lots with access to the east provided at a location meeting the 1,200 block length limit established by the Subdivision Ordinance. The preliminary plat is also revised to extend the side lot lines within Block 4 to include the ponding area currently within Outlot A. 5. The preliminary plat is revised to illustrate a 40 foot principal building setback from all wetland areas as required by Section 20-16-9.E of the Zoning Ordinance. 6. The applicant shall provide for extension of Avenue D the full frontage of the park parcel and dedication of the park parcel with the first phase final plat. 7. All grading, utilities and easements are subject to review and approval of the City Engineer. 8. The applicant shall enter into a development contract upon approval of a final plat and pay all applicable fees and securities, subject to review and approval of the City Attorney. 9. The dwellings on Lots 1-3 of Block 9 shall all be constructed to "front" Avenue A or the preliminary plat is revised to eliminate Lot 2, Block 9, subject to review and approval of City Staff. PASSED by the Otsego City Council this 8th day of September, 2003. Attest: CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, Zoning Administrator/City Clerk ENGINEERING REVIEW Review No. 1 Hakanson Residential Subdivision Anderson for the City of Otsego Assoc., Inc. by Hakanson Anderson Associates, Inc. Submitted to: Honorable Mayor and City Council cc: Mike Robertson, Administrator Judy Hudson, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Otsego West, LLC Quality Site Design, LLC Reviewed by: Ronald J. Wagner, P.E. Shane M. Nelson, E.I.T. Date: August 26, 2003 Proposed Development: Roden Property Street Location of Property: A portion of the W '/z of Section 31, T121, R23. 70.0 Acres, South of 67th Street NE and between Maciver Avenue NE and Macallister Avenue NE. Applicant: Otsego West, LLC Developer: Otsego West, LLC Owners of Record: Floyd Roden Purpose: A proposed 144 single family residential homes development on 70.0 acres in the City of Otsego, Wright County, Minnesota. The proposed development will be served with municipal water, sanitary sewer, storm sewer and public streets typical of an urban setting. Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of (but not limited to) Health, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency Permits Required: NPDES (but not limited to) \\Ha011,Shared Docs\MunicipaMotsego2xxx'2270\ot2270RVW1.doc TABLE OF CONTENTS INFORMATION AVAILABLE EXISTING CONDITIONS SUBDIVISION CONFIGURATION, LOT SIZE, DENSITY STREETS PRELIMINARY PLAT TRAFFIC/ACCESS ISSUE WETLANDS SURFACE WATER MANAGEMENT SANITARY SEWER COLLECTION SYSTEM WATER DISTRIBUTION SYSTEM ENVIRONMENTAL OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION 11Ha011Shared DocslMunicipallkotsego2xxx122701ot2270RV1rV1.doc INFORMATION AVAILABLE Preliminary Plat, 8/5/03, by Quality Site Design, LLC Existing Conditions Plan, 8/5/03, by Quality Site Design, LLC Preliminary Grading, Drainage and Erosion Control Plan, 8/5/03, by Quality Site Design, LLC Existing Conditions Plan, 8/5/03, by Quality Site Design, LLC Preliminary Utility Plan, 8/5/03, by Quality Site Design, LLC Phase Plan, 8/5/03, by Quality Site Design, LLC City of Otsego Engineering Manual Minnesota Rules, Chapter 4410 — EAW Requirement Trunk Stormwater Facilities Study for Portions of the Otsego Creek Watershed, February 2003 City of Otsego Zoning and Subdivision Ordinances, 10/14/02 National Wetland Inventory Map, 1991 EXISTING CONDITIONS 1. Existing zoning classifications for land in and abutting the subdivision shall be shown on the plan. (21-6-2.B.2.) 2. Boundary lines of adjoining unsubdivided and subdivided land, identified by name and ownership, shall be shown within 150 feet of the plat. (21-6-2.B.6.) 3. Existing 100 -year flood elevations shall be shown on the plan. (21-6-2.B.9.) 4. Half section lines shall be clearly depicted and labeled on the plan. (21-6-2.A.2.) 5. Name, address, and phone number of the record owner shall be called out on the plan. (21-6-2.A.3.) SUBDIVISION CONFIGURATION, LOT SIZE, DENSITY 1. Blocks shall not exceed 1200 feet. (21-7-3.B.) We recommend adding a street connection from Avenue D to the east plat line to reduce the length of Block 4. Page 1 \\Ha011Shared Docs\MunicipaMotsego2xxx\2270\ot227ORVW1.doc STREETS 1. Street names shall be in accordance with the existing street name system. (See redlines) 2. Typical sections shall be shown on the plan. Typical sections shall be in accordance with City of Otsego Standard Plate No. 112. (21-6-2.C.1.) 3. Proposed street centerline gradients shall be shown on the plan. (21-6-2.C.1.) PRELIMINARY PLAT 1. Include a vicinity map. (21-6-2.A.5.) 2. The ROW shall be rounded at intersections parallel to back of curb. (111.13.) 3. Proposed grading (contours) of the site shall be depicted on the Preliminary Grading, Drainage and Erosion Control Plan. Also to be stipulated are the garage floor, first floor, and basement elevations of all structures. (21-6-2.C.13.) TRAFFIC/ACCESS ISSUE 1. Access will be provided to the first phase via 67th Street NE. We recommend that 67th Street NE be upgraded to City standards from the portion that D.R. Horton is upgrading to the plat entrance. WETLANDS 1. Avoidance of wetlands must be attempted. If wetlands must be disturbed or filled they must be mitigated as per WCA requirements. (20-16-9.E.2.) 2. A protective buffer of natural vegetation at least 20' wide from the delineated edge shall surround all wetlands. A principal building setback of 40' from the delineated edge of all wetlands or 20' from the protective buffer easement, whichever is greater, shall be provided. (20-16-9.E.) SURFACE WATER MANAGEMENT 1. Access routes shall be provided to each of the skimmer structures and/or storm sewers. Access routes shall have a minimum width of 10' and shall be overlaid with a 20' drainage & utility easement. 2. Provisions shall be made for through site drainage from adjacent properties. Trunk storm sewer shall be constructed in accordance with the Trunk Stormwater Facilities Study for Portions of the Otsego Creek Watershed, dated February 2003, by Hakanson Anderson Associates, Inc. Credit will be given for trunk facilities. Page 2 \\HaMShared Docs\MunicipaMotsego2xxx\2270\ot227GRV\ti'i.doc 3. Storm water ponds shall be in accordance with City of Otsego Standard Plate No. 404. As depicted in the standard plate, a flat top berm shall be provided with a minimum of 1' of freeboard from the top of the berm to the 100 -year elevation. 4. Submit a stormwater drainage/hydrology report for review. SANITARY SEWER COLLECTION SYSTEM 1. The current plan for the sanitary sewer is not in accordance with the comprehensive plan. The southern 2/3 (approximately) of the proposed plat shall flow to the south to the future lift station. The first phase will require completion of portions of sanitary sewer in Zimmer Farms and Martin Farms. Future phases will require a lift station (possibly temporary) and forcemain. Please revise plan and resubmit for review. WATER DISTRIBUTION SYSTEM 1. Minimum size lateral watermain shall be 8". 2. Hydrant spacing shall be a minimum of 500 feet for single-family residential subdivisions. ENVIRONMENTAL 1. A statement certifying the environmental condition of the site shall be submitted. (21- 6-2.B.10.) OTHER CONSIDERATIONS 1. Benchmarks shall be shown on the Existing Conditions Plan and Preliminary Grading, Drainage and Erosion Control Plan (see page 7 Section 111.14 of Engineering Manual). 2. Submit a geotechnical report for review. The geotechnical report shall include pavement recommendations. (21-6-2.B.11.) SUMMARY AND/OR RECOMMENDATION We recommend approval contingent on the above comments being addressed. Paae 3 1\Ha01\Shared Docs\MunicipallAetsego2xxx�22701ot2270Rv'vN1.doc ITEM 6.7 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com MEMORANDUM TO.- FROM: O:FROM: RE: REPORT DATE: Otsego Mayor and City Council Daniel Licht, AICP Otsego — Kittredge Crossings; Final Plat 2 September 2003 ACTION DATE: 6 October 2003 NAC FILE: 176.02 — 03.08 CITY FILE: 2003-39 BACKGROUND Farr Development, Inc. has submitted application for the first final plat of Kittredge Crossings. The City Council rezoned the subject site to PUD, Planned Unit Development District along with approval of a preliminary plat and development stage plan on 12 May 2003. Exhibits. A. Site Location B. Development Plan C. Final Plat ANALYSIS Final Plat. The design of the proposed final plat in terms of street locations and shapes/sizes of the individual parcels is consistent with the approved development plan. The proposed final plat consists of 16 outlots and right-of-way for public streets within the subject site. The final plat includes no buildable lots. This approach is being utilized to allow the applicant the opportunity to construct roadways and extend utilities to the project prior to finalization of specific development plans for the individual sites. Except for the single family lots to be divided from Outlot B and C, each of the other development sites requires processing of a PUD development stage plan. A final plat for each of these sites will be processed along with the PUD Development stage plan to establish the necessary lots and blocks. The applicant can update the City Council as to their schedule for beginning development of the individual sites. Construction Plans. Plans for construction of utilities and roadways, along with grading plans are subject to review and approval of the City Engineer. Construction plans required for final plat approval have not been submitted as of this date. The City Engineer requires the plans to be submitted for review to ensure proper right-of-way locations and easements that are established by the final plat. Park and Trail Dedication. Park dedication requirements for the proposed final plat are outlined below: Use % of Land Area Dedication Land Plat Area Requirement Requirement Residential 68% 79.42ac. 17%2 13.50ac. Commercial 32% 37.38ac. 10% 3.74ac. TOTAL 100% 116.80ac. - - 17.24ac. 1. Land Area is percentage of the gross area of the plat minus park areas per Section 21-7-18.E L.2- Requirement based on density of 7.3 du/ac per Section 21-7-18.H.1 A total dedication of 17.24 acres is required based on Section 21-7-18 of the Subdivision Ordinance. Outlots I, J and P are to be dedicated to the City for parks development. The upland area of these three parcels is 7.5 acres, which is 43.5 percent of the required dedication. The balance of the park and trail dedication will be satisfied with a cash fee in lieu of land equal to 56.5 percent of the cash fee in effect at the time of final plat approval for each of the development sites. Based on the current fees outlined in Section 21-7-18.1 of the Subdivision Ordinance, the cash fees would be $1,186.50 per dwelling unit for residential uses and $3,955.00 per acre for commercial uses (Outlots G, H and O). Development Contract. The applicant is required to execute a development contract with the City and pay all required fees and securities for the proposed improvements. The development contract is subject to review and approval of the City Engineer. CONCLUSION The layout of the proposed final plat is consistent with that of the development plan and preliminary plat. The establishment of outlots and rights-of-way will allow for the applicant to move forward with development plans for the individual sites and initiate construction of necessary utilities and roadways. However, necessary construction plans have not been submitted. Until such plans are provided, City staff recommends the application be tabled. A. Motion to approve the Kittredge Crossings Final Plat, subject to the following conditions: Final plats establishing lots/blocks for each of the individual development sites shall be processed with the required application for PUD Development Stage Plan approval. 2 2. All construction plans, grading, utilities, streets and easements are subject to review and approval of the City Engineer. 3. Outlots I, J, and P shall be dedicated to the City as partial satisfaction of park and trail dedication requirements. The balance of the required dedication shall be in the form of a cash fee in lieu of land equal to 56.6 percent of the cash fee in effect at the time of final plat approval for each of the individual development sites. 4. The applicant shall enter into a development contract with the City and pay all required fees and securities, subject to approval of the City Attorney. 5. Comments of other City Staff. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance. C. Motion to table. PC. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Lucinda Gardner David Nash 3 NAC. ON THE GREAT RIVER ROAD • R h D. T£CFs•FG£r;C•S. t'RCa PES3C'Iv.1l. Cf'F:ff. i0—TY iW.L`Y.'c CC4EN E�v^�asv `Y..ry 'Ycc.rb Foul Ruin A .... W., Wc. Cee. Darrel A. Farr Development Corp. YWneapaW, Me fiuietl ----- Hillredge Crossing owes, YY swu rm. P.U.D. Masler Guide Plan YL cel uses, Yenslly, Building.q c—, o•.o. KITTREDkjr CROSSINGS fMITTI I rm --�----�---I----_ :.ter 4"—"—' _11'11 STlli:i:T N_lilli I!I0117_fil' WP.}• _t—_ —_ �N _— •w UWts6YtMrN ryA IN ut Wi Nrr aNncul rd,o.°`n �1 tc ai Nri , N w±N/uai�NCN o,_ _.. Niu atyat f�revni,4..i / GRAPHIC SCALE zoo o loo zoo 40o • OWNS 1/2 NCB BY I( w(B AM PW( BO Af FC&MLI O DEBBI(S 1/2 BBI! BY 11 NCM AM PIP( W(At"BI IB B( S(t ♦,O Y V by f Nll. xxs5 MMW M rtM a B(COB{1wG a USS FLAT. rBB H PBBrBS(S " BBS Sl I S N lA( O BB Y 1/1 a .( m Y III, B. 31 NAS Px, t)Slw[B BEuuNS OF .W31'aT EXHIBIT C McCOMBS FRANK ROOS ASSOCIATHS, INC. ,,,,!ktN AND RS.A xAY6YOBB Cngnwry . Prs^^9 Ltir9 Mecgme:grana aoor Aszociales, Inc. cnm DarrelA. Farr Development Corp. MYUMapwlq YM Prolm Kittredge Crossing glsegq MN S�eM Me P.D.D. Master Guide Plan Parcel Use;Area, Benzily, Buil Ring Cave. or. o' Rn�Moe _ �L'yVfi � MOM _OW -mm _om -0 _mm now _E ww WURIF YO_ 11151 KITTREDGE CROSSINGS T low ~l M1 �riNszlrE�t r;ai CRAP HIC SCALE 200 0 IM 200 IDa IN FEET • TIM /2 " By 14 E NT TMOND O K=� pox PIPE S :/2 � By 14 " pox W I—EFIT TO K BET WyAVEDBy11QwY- I'm raw TO* K pAp M W BYS pp'.Ey �M 1/4 W Wt N. T. IV, It 2. S ..-r32`E. EXHIBIT C A4,rnkinQ rDANW Dn— ---- -- NAC Hakanson 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Anderson phone: 763/427-5860 Fax: 763/427-0520 Assoc.,Inc. CITY OF OTSEGO CITY COUNCIL CITY ENGINEER'S AGENDA September 8, 2003 Item 7.1: Otsego Creek — Albertville Outflow Item 7.2. Consider Award of Sanitary Sewer Trunk Extension — Kittredge Crossing Item 7.3: Any other Engineering Items Civil & Municipal Engineering Land Surveying for G:\Municipal\AOTSEGO\Agendas\2003\councilagendal3.doc ITEM 7.1 Hakanson 1iAnderson 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 Assoc., Inc. Phone: 763/427-5860 Fax: 763/427-0520 August 20, 2003 Honorable Mayor and City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Re: Otsego Creek —Albertville Outflow We have reviewed the proposals set forth by Albertville on an outlet from Mud Lake and under 700' St. Proposal #3 is the closest to meeting the agreement established between the two cities as part of the Otsego Creek Authority. The agreement allowed Albertville a maximum discharge of 17.4 cubic feet per second (cfs) into Otsego. Proposal #3 has an initial peak discharge of up to 36.7 cfs and remains above the 17.4 cfs threshold for approximately 6 hours. It also has a secondary sustained peak that rises to approximately 20 cfs and lasts 2 to 3 days. After taking the Albertville Proposal #3 results and running them though our computer model we had the following results. The initial peak of 36.7 cfs causes a 0.5' stage increase in the downstream 100 yr flood elevation in the sub -catchment immediately to the north of 70" St. (Willy Duerrs property). The secondary peak of 20 cfs is does not cause any appreciable increase in any of the downstream areas. We recommend the City council request the initial peak of 36.7 cfs be lowered to alleviate additional flooding concerns. Additional storage in the area just south of 70`r' St. may be necessary to accommodate this. The secondary peak has a timing, which happens after the "flood wave" on Otsego Creek has passed due to the dampening affects of Mud and School Lakes. The secondary peak is also of a rate, which is not much greater than the rate set by the Otsego Creek Authority agreement. Sincerely, Hakanson Anderson Associates, Inc. �r Rona d J. W g er, PE RJW:dlc Enclosures Cc: Mike Robertson Judy Hudson Andy Macarthur Civil &Municipal Engineering 25 GAMunicipal\AOTSEGO\901 \2003\ot901 hmccldocLand Surveying for 947 0 946 m Fu 945 30 20 0 10 0 k-,OIRIUR .L1- 11-0111 LY LO ULIUall .i [Max Flow = 36.70: lax Velocity = 11.03] Upstream Elevation Downstream Elevation .1 Jan 8 Wed 15 We( Jan 2003 Time 10.0 7.5 CD 0 5.0 Ln 2.5 0.0 ITEM 7.1 Hakanson 1 Anderson 3601 Thurston Avenue, Suite 101, Anoka, MN 55303 ASSOC., Inc. Phone: 763/427-5860 Fax: 763/427-0520 August 20, 2003 Honorable Mayor and City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 Re:Otsego Creek — Albertville Outflow We have reviewed the proposals set forth by Albertville on an outlet from Mud Lake and under 701h St. Proposal #3 is the closest to meeting the agreement established between the two cities as part of the Otsego Creek Authority. The agreement allowed Albertville a maximum discharge of 17.4 cubic feet per second (cfs) into Otsego. Proposal 0 has an initial peak discharge of up to 36.7 cfs and remains above the 17.4 cfs threshold for approximately 6 hours. It also has a secondary sustained peak that rises to approximately 20 cfs and lasts 2 to 3 days. After taking the Albertville Proposal #3 results and running them though our computer model we had the following results. The initial peak of 36.7 cfs causes a 0.5' stage increase in the downstream 100 yr flood elevation in the sub -catchment immediately to the north of 70th St. (Willy Duerrs property). The secondary peak of 20 cfs is does not cause any appreciable increase in any of the downstream areas. We recommend the City council request the initial peak of 36.7 cfs be lowered to alleviate additional flooding concerns. Additional storage in the area just south of 70"' St. may be necessary to accommodate this. The secondary peak has a timing, which happens after the "flood wave" on Otsego Creek has passed due to the dampening affects of Mud and School Lakes. The secondary peak is also of a rate, which is not much greater than the rate set by the Otsego Creek Authority agreement. Sincerely, Hakanson Anderson Associates, Inc. Rona d J. W g er, PE RJW:dlc Enclosures Cc: Mike Robertson Judy Hudson Andy Macarthur Civil &Municipal Engineering 2 45 G:\MunicipaMOTSEGO\901\2003\ot901hmcc2.docLand Surveying for 947 0 946 a� W 946 30 20 V 10 0 .1 Jan Jan 2003 k.:onaun .Ll from zr zo vuuan [Max Flow = 36.70" '►+fax Velocity = 11.03] Upstream Elevation Downstream Elevation No M No Kra 611-jcogh-1-T - .. I c _ Flow Velocity a -- 8 Wed 15 Wec Time 10.0 7.5 CD 0 5.0 �.r 2.5 0.0 Michael C. Couri• Andrew J. MacArthur Robert T. Ruppe— David R. Wendorf 'ALso licensed in lllinois -A Iso licensed in California September 3, 2003 Robert and Ardis Hilleren 7327 La Beaux Avenue NE Albertville, MN 55301 COURI & MACAR THUR Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, W55376-0369 (763) 497-1930 (763) 497-2599 (FAQ couriandmacarthur@pobox.com RE: City of Otsego- Proposed Utility Easement Dear Mr. and Mrs. Hilleren: Thank you for your prompt response to our request to consider the City's offer for the utility easement across your property. The City initially offered $39,150.00 for the 2.61 acre easement. After meeting with myself and the Engineer and discussing the matter you indicated that you would accept $50,000.00 for the easement. I indicated that I would bring this counter-offer to the City Council next Monday and provide you with a response next Tuesday. In the meantime, I am enclosing the proposed easement form for your consideration. I have also enclosed a separate letter indicating that the City would proceed with eminent domain (condemnation) proceedings in the event that the matter cannot be resolved through negotiation. This letter may or may not be of benefit to you. Thank you for meeting with us and responding quickly to the proposal. If you have any further questions please feel free to contact either me or the project Engineer, Jeff Elliot. Very trul yqurs, ew J. M Arthur COURI CARTHUR Encls. Cc: city of Otsego Jeff Elliot, Hakanson Anderson Michael C. Couri• Andrew J. MacArthur Robert T. Ruppe•• David R. Wendorf 'Also licensed in lllinois "Also licensed in California September 3, 2003 Robert and Ardis Hilleren 7327 La Beaux Avenue NE Albertville, MN 55301 COURT & MACAR THUR Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 553 76-03 69 (763) 497-1930 (763) 497-2599 (FAQ couriandmacarthur@pobox.com RE: Notice of Intent to Proceed with Eminent Domain Dear Mr. and Mrs. Hilleren: The City of Otsego recently made an offer for a utility easement crossing your property. The purpose of the easement is to deliver sanitary sewer services to areas of the City not previously serviced. Clearly, the proposed use of this easement constitutes a public purpose. In the event that the matter cannot be resolved through negotiations the City is prepared to proceed with acquisition of the easement by eminent domain. Hopefully this matter can be resolved between the parties without the need to initiate formal condemnation procedures. If you have any questions regarding this matter please feel free to contact me. Very tru ours, Zew J. cArthur COURT & MACARTHUR Cc: City of Otsego PERMANENT UTILITY EASEMENT Robert L. Hilleren and Ardis A. Hilleren F/K/A Ardis A. Bradley, husband and wife, Grantors, for valuable consideration, receipt of which is hereby acknowledged, do hereby convey and warrant to the City of Otsego, a municipal corporation under the laws of the State of Minnesota, Grantee, together with the unrestricted right to construct, repair and maintain the same, free and clear of all encumbrances, the following described permanent easement for utility purposes over, under and across real estate in the County of Wright, in the State of Minnesota, described as follows: A permanent easement for utility purposes over, under and across that part of the North 363 feet of the South 693 feet of the North 1023 feet of the East Half of the Southeast Quarter of Section 26, Township 121, Range 24, Wright County, Minnesota, lying west of County Road No. 19 and lying northerly of the following described line: Beginning at the intersection of the south line of the north 80.00 feet of said North 363 feet of the South 693 feet of the North 1023 feet of the East Half of the Southeast Quarter with the east line of said Southeast Quarter; thence South 88 degrees 51 minutes 25 seconds West , along said south line of the north 80.00 feet , and assuming said east line bears South 00 degrees 15 minutes 34 seconds East, 951.23 feet; thence South 80 degrees 17 minutes 23 seconds West 381.24 feet, more or less, to the west line of said East Half of the Southeast Quarter and said line there terminating. 1 Said Easement contains 113,573 Sq. Ft.- 2.61 acres Robert L. Hilleren Ardis A. Hilleren F/K/A Ardis A. Bradley STATE OF MINNESOTA ) ) s.s. COUNTY OF ) Subscribed and sworn to before me this day of , 2003 by Robert L. Hilleren and Ardis A. Hilleren F/K/A Ardis A. Bradley, husband and wife, Grantors. - This instrument was drafted by: Andrew J. MacArthur Court & MacArthur Law Office 705 Central Ave. East P.O. Box 369 St. Michael, MN 55376 763-497-1930 NOTARY PUBLIC 2 Michael C. Couri• Andretiv J. MacArthur Robert T. Ruppe-- David R. Wendorf *Also licensed in Illinois "Also licensed in California September 2, 2003 Raymond and Nancy Slavik 7054 La Beaux Avenue NE Albertville, MN 55301 CO URI & MACAR THUR Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 5 53 76-03 69 (763) 497-1930 (763) 497-2599 (FAA9 couilandmacarthur@,pobox.com RE: City of Otsego- Proposed Utility Easement Dear Mr. and Mrs. Slavik: Enclosed please find an easement document for your consideration as well as a separate letter regarding eminent domain., Please review the easement document and, if satisfactory, please sign it in front of a notary exactly as set forth in the easement. If you need notary services the City Hall staff can provide it. Could you please return the original executed document to this office for recording. I will not record the document until you have received a check from the City for the agreed upon amount of $19,350.00. I will need to wait until the City Council actually authorizes the project to make payment. The matter will be in front of the City Council on Monday. If you have any questions regarding anything related to this transaction please feel free to give me a call. Very trul rs, rew J.M2 COURI & NUCARTHUR Encls. Cc: ity of Otsego Jeff Elliot, Hakanson Anderson Michael C. Couri' Andrew J MacArthur Robert T. Ruppe— David R. Wendorf ',Also licensed in Illinois "also licensed in California September 3, 2003 Raymond and Nancy Slavik 7054 La Beaux Avenue NE Albertville, MN 55301 COURI & MACAR THUR Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376-0369 (763) 497-1930 (763) 497-1599 (FAA) couriandmacarthur@,pobox.com RE: Notice of Intent to Proceed with Eminent Domain Dear Mr. and Mrs. Slavik: The City of Otsego recently made an offer for a utility easement crossing your property. The purpose of the easement is to deliver sanitary sewer services to areas of the City not previously serviced. Clearly, the proposed use of this easement constitutes a public purpose. In the event that the matter cannot be resolved through negotiations the City is prepared to proceed with acquisition of the easement by eminent domain. Hopefully this matter can be resolved between the parties without the need to initiate formal condemnation procedures. If you have any questions regarding this matter please feel free to contact me. Very trul Yours, ow. Arthur CARTHUR Cc: City of Otsego PERMANENT UTILITY EASEMENT Raymond F. Slavik and Nancy A. Slavik, husband and wife, Grantors, for valuable consideration receipt of which is hereby acknowledged, do hereby convey and warrant to the City of Otsego, a municipal corporation under the laws of the State of Minnesota, Grantee, together with the unrestricted right to construct, repair and maintain the same, free and clear of all encumbrances, the following described permanent easement for utility purposes over, under and across real estate in the County of Wright, in the State of Minnesota, described as follows: A 60.00 foot permanent easement for utility purposes over, under and across that part of the West Three Quarters (3/4) of the West One Half (1/2) of the Southwest Quarter of Section 25, Township 121, Range 24, Wright County, Minnesota, lying east of County Road No. 19, the centerline of which is described as follows: Commencing at the northwest corner of said Southwest Quarter, thence South 00 degrees 15 minutes 34 seconds East, assumed bearing along the west line of said Southwest Quarter, 350.04 feet to the point of beginning of the centerline to be described; thence North 88 degrees 51 minutes 25 seconds East 851.88 feet; thence South 84 degrees 06 minutes 23 seconds East 165.26 feet, more or less, to the east line of said West Three Quarters (3/4) of the West One Half (1/2) of the Southwest Quarter and said centerline there terminating. Said Easement contains 56,368 Sq. Ft.- 1.29 acres 1 Raymond F. Slavik STATE OF MINNESOTA ) ) s.s. COUNTY OF ) Nancy S. Slavik Subscribed and sworn to before me this day of , 2003 by Raymond F. Slavik and Nancy S. Slavik, husband and wife, Grantors. This instrument was drafted by: Andrew J. MacArthur Couri & MacArthur Law Office 705 Central Ave. East P.O. Box 369 St. Michael, MN 55376 763-497-1930 NOTARY PUBLIC 2 Michael C. Couri- Andrew J. MacArthur Robert T. Ruppe— David R. Wendorf 'Also licensed in Illinois "A4o licensed in California September 3, 2003 City Council Members City of Otsego c/o Judy Hudson City Clerk 8899 Nashua Avenue NE Otsego, MN 55330 COURT & MACAR THUR Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376-0369 (763) 497-1930 (763) 497-2599 (FAA) couriandmacarthur@pobox.com RE: Proposed Lease- T- Mobile Dear Council Members: T- Mobile represented by Charles Beisner of Midwest real Estate Services, Inc. has requested a lease of the City's water tower facilities for placement of antennas for cellular service. I referred Mr. Beisner to the City's most recent lease arrangement with Qwest Wireless, LLC as a model. Mr. Beisner indicated that T -Mobile would accept that form lease with the following requested changes: 1. On page 3, No. 6, Term T -Mobile is requesting three (3) additional five (5) year terms rather than two (2) additional three (3) year terms. 2. On page 3, No. 8 Initial and Renewal Term, A, T -Mobile is proposing a monthly rent of $1,150.00 per month which would increase 5% each year. They are further proposing that the lease commence on October 1, 2003. 3. On page 10, No. 15 Relocation of Communications Company Equipment, they are requesting that 90 days be changed to 180 days. 4. On page 19, No. 30 Default and Cancellation, C T- mobile is requesting that the entire contents of C be deleted from the Agreement. 5. On page 21, No. 34 interference with Antennae Operations T- Mobile has requested that all of "A" be deleted. Letter to Otsego City Council September 3, 2003 Page 2 I also spoke with Curt Neidemeyer of People's regarding any problems with current tenants. The only request that he had was that there be provision in the Agreement which would give him more prior notice of company requests for access to water tower facilities in non -emergency situations. Curt indicates that he is often given very short notices of on site visits. In order to accommodate this Exhibit C of the new Agreement should provide that access requests outside of normal business days be made 24 hours in advance in a non -emergency situation. T -Mobile is seeking installation of up to 12 antennae on the water tower. Most of the changes requested above I consider policy matters for the City Council. Outside of the requested changes the applicant has agreed to abide by the terms of the existing City Agreement with Qwest. It is important that the City try to be as consistent as possible with the Agreements. A term that is applied to one tenant should be consistent with new tenants, absent a change in law or drastic change in circumstances. Therefore, it is my recommendation that Nos. 30 and 34 not be changed, as they have been agreed to by the current lessee. I have attached to this letter a copy of the City's current lease with Qwest. It is my understanding that Mr. Beisner will be present at the regularly scheduled City Council meeting on September 8 to further discuss the matter. Very truty-yours, d J. M Arthur URI & MACARTHUR Encl. Cc: City of Otsego Charles Beisner AUG -13-2703 10:01 AM FROWCITY OF CTSM +763-44'-8823 T-738 P.001 F -34C f �C�IYEtI CITY OF OTSEGO A05 2 2 2001 OPTION AND SITE LEASE AGREEMENT THIS OPTION AND SITE LEASE AGREEMENT, is made by and between the CITY OF OTSEGO, State of Minnesota, hereinafter referred to as the "CTrY", and QWEST WIRELESS, L.L.C., hereinafter referred to as "COMM TSICATIONS COMPANY"; W"REREAS, the CITY owns, operates and maintains a water tower "Tower" on premises owned by the CITY, said premises being described as (See attached Exhibit A), hereinafter referred to as "Site" and/or "Property"; and WHEREAS, because of the Tower's location and capacity for antenna mounting, it is a desirable wireless communications transmitting and receiving site; and WHEREAS, COMMUNICATIONS COMPANY desires to construct a commercial wireless commmications system and believes that the placement of communications equipment on said Tower at said Site will contribute importantly to said system, and CONfvftJNICATIONS COMPANY has requested permission to do so from the CITY; NOW THEREFORE, in consideration of the mutual undertalangs and agreement hereinafter set forth., the CITY and COMMUNICATIONS COMPANY agree as follows: OPTION 1. Chant of Option: Qlgioa Consideration. CITY, for and in consideration of five -hundred dollars ($500.00), the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto COMMUNICATIONS COMPANY, its successors and assigns, an option (the °`Option") to lease the Site upon the terms and conditions set forth herein. 2. O_vtion Period; Exercise of Option. The term of the Option (the "Option Perio(r") shall commence as of the Effective Date and end as of the date eighteen (18) months thereafter. Tenant may, in its sole discretion, extend the Option Period by six (6) additional months by providing CITY with written notice prior to the expiration of the original Option Pcriod and by simultaneously paying CITY the,sum of three -hundred dollars ($300.04). COMMUNICATIONS COMPANY may exercise the Option at any time during the Option Period by delivering written notice thereof to CITY. Upon COMMUNICATIONS COMPANY's exercise of the Option, Section 1 through 4 of this Agreement shall merge into a lease subject to the terms and conditions set forth in Section 5 through 37 of this Agreement (the "Lease"). Such notice shall specify the date upon which the Lease Term (as defined below) shall commence (the "Lease Commencement Date"), which shall occur no later than thirty (30) days following the date of CONIMUNICATIONS COMPANY's exercise notice (the "Exercise Date"). In the event that COMMUNICATIONS COMPANY 1 OF 28 MIN454 City of Otsego, MN AUG -13-2003 10:01A FROWCITY 0: CTSECO +763-W-8823 T-789 P.002 F-340 r has not exercised the Option on or before the expiration of the Option Period, this Agreement shall terminate and the parties shall be relieved of any furtiher obligations hereunder, except for those that, by their terms, survive the termination of this Agreement. 3. Due Diligence. Subject to the terms and conditions as outlined in Paragraphs 10 B through P and Paragraph 14, and compliance with Paragraph 19, during the Option Period, COMMUNICATIONS COMPANY, its employees, agents and contractors shalt have the right to enter upon the CITY's Property to investigate the Site and all matters relevant to the physical condition thereof and the suitability of the Site for the Permitted Uses (as defined below). Such right shall include, without limitation, the right to inspect, examine, sample and conduct all engineering or environmental tests or studies of the Site, to review the condition of title to CITY's Property and the Site, and to apply for and obtain all licenses and permits required for the Permitted Uses from all applicable goverrunentai or regulatory entities. All such investigations shall be conducted at COMMUNICATIONS COMPANY's sole expense. COMMUNICATIONS COMPANY shall not be liable to CITY or any third party on account of any pre-existing defect or condition on or with respect to the Site, whether or not such defect or condition is disclosed by COMMUNICATIONS COMFANY's inspection. COMMUNICATIONS COMPANY shall be liable for any damage, loss or destruction to the Site as a result of conducting any investigations in accordance with this Section; provided, however, COMMUNICATIONS CONOANY's mere discovery of an adverse condition on the Site shall not, in and of itself, trigger COMMUNICATIONS COMPANY's obligations herein, except to the extent COQ MaINICATIONS COMPANY's employees, agents or contractors worsen the adverse condition. 4. Utilities. Subject to the terms and conditions of Paragraphs 10 F through Cr, during the Option Period, CONEWLYMCATIONS CONTANY may, at its sole expense, install. or improve utilities within or on CITY's Property or the Site to serve the Site, including, without limitation, power, telephone services, and any other utility services that COMMUNICATIONS COMPANY deems necessary or advisable. COMMUNICATIONS COMPANY shall keep CITY's Property and the Site free and clear of any mechanics' or matenalmen's liens. In the event that CO1vWUNICATIONS COMPANY does not exercise the Option, as of the expiration of this Agreement, COMMUNICATIONS COMPANY shat 1, at its sole expense and upon written request from CITY given within five (5) days after the expiration of this Agreement, remove all such utilities and shall restore CITY's Property and the Site to substantially its original condition. LEASE The lease provisions contained in the remaining Sections of this Agreement shall become effective only upon the Exercise Date. 5. AUT14ORIZATION TO USE WATER TOWER SPACE The primary purpose of the City's ownership of the Property is to: (a) operate and 2 OF 38 MrNL 454 City of Otsego, tMN AUG -13-2003 IC:04AW FROM -CITY OF OTSEGO +763-441-8923 T-788 P.003/035 F-340 maintain a municipal water tower so as to provide water service to residents of the City of Otsego; and (b) to provide governmentally related communication systems for the City of Otsego. Subject to the following terms and conditions of this Agreement, the CITY grants to COMMUNICATIONS COMPANY non-exclusive use of a certain space upon said Water Tower, subject to any and all existing easements and restrictions not inconsistent with the rights granted in this Agreement, including the installation, operation, and maintenance of the antennae and the storage of the equipment. The location and orientation of COMMUNICATIONS COMPANY equipment on the Tower and Site is as set forth on the attached Exhibit B, which is incorporated herein by this reference. 6. TERM by the CITY_ After the initial extend for two (2) additinnat five (5): ears begin=L&C COMMUNICATIONS C to CITY, ni tys prior to the expiration of the then current term. 7. CONSTRUCTION - COMMUNICATIONS COMPANY shall be responsible for any and all costs and expenses related to the design, purchase, deErmy, construction and installation of any and all equipment necessary for COMMUNICATIONS COMPANY's use of the CITY Site and Tower. COMMUNICATIONS COMPANY's installation shall be constructed in conformance with design specifications approved by the CITY pursuant to E)dait 13 attached hereto. CITY shall cooperate with COMMUNICATIONS COMPANY and execute all documents required to permit COMMUNICATIONS COMPANY's intended use of the Site in compliance with zoning, land use, and building regulationr. 8. INITIAL AND RENEWAL TERM A. The site use fee through December 31, 2001 shall be W9 -per -F n . B. Commencing january i. 292 the Site Use Fee for each subsequent calendar year throughout the term of this Agreement, including any extensions, shall be increased by 5%. C. The CITY and COMMUNICATIONS COMPANY may also negotiate charges for other services and installations, not set forth in Exhibit B, by an addendum to this Agreement. D. As provided in paragraph C above, the CITY and COMMUNICATIONS COMPANY may, agree to the installation of additional equipment at rates in effect at the time of installation, which when agreed to and set forth in writing by 3 OF 28 MIN454 City of Otsego, MN AUG -1-2303 10:06AM FROWCITY 0= CTSEGO +763-44'-8823 7-789 P.004/335 F-340 i� the parties shall become an additional payment amount made by CONLMUNICIA.TIONS COMPANY to the CITY. Notwithstanding; the foregoing, COMMUNICATIONS COMPANY shall not be required to make any additional payments if it upgrades or replaces its existing equipment so long as the replacement or upgrade of equipment does not exceed the equipment lease space area as depicted on Exhibit B including, but not limited to, the placement of additional antennas. E. Site Use Fees due to CrTY shall be paid by COMMUNICATIONS COMPANY in advance in four quarterly installments beginning upon execution of this Agreement by both parties hereto and thereafter on the First (1") business day of each calendar quarter, i.e., Jan. 1; April 1; July 1; and Oct- 1. The amount of the first quarterly payment shall be prorated for the number of calendar days remaining in the calendar quarter at the time of execution of this Agreement by both parties hereto. Payments will be paid by check or may be wired directly in the CITY'S bank account in accordance with written wiring instructions providcd by CITY to COMMUNICATIONS COMPANY. Payments made by check to the CITY shall be mailed to the CITY as follows: City of Otsego Attention_ City Administrator 9999 Nashua Avenue NE Elk River, MN 55330 9. GOVERNWNTAL APPROVAL CONTINGENCY COMMUNICATIONS COMPANY's right to the use of the Site is expressly made contingent upon COMMUNICATIONS COMPANY obtaining all necessary certificates, permits, zoning or other approvals that may be required by the City, County, State, or Federal governments for use of the COMMUNICATIONS COMPANY equipment, antennas, utilities, etc, CITY agrees to cooperate with CONUVIUNICATIONS COMPANY and other governmental units to obtain all such approvals. In the event that any certificate, permit, license or other approval required or issued is not approved oris cancelled, expires, lapses or is otherwise ty nit rine to any act or omission any COMPANY so�at C MMUNICATIONS ['_nMPAIVY is unable to »� +he Site fir •� intended purpose, then COMMUNICATIO aCOMPANY may terminate this Agreement uyon notice to the City. 10. USE A. COMMUNICATIONS COMPANY may use the Tower and Site for the sole purpose of constructing. installing removing, replacing, maintaining and operating a commercial wireless communications transmission facility in accordance with Exhibit B. 4 OF 28 NfIN454 City of Otsego, MN AUG -13-2003 10:03AW FRC -CI TY OF OTSEGO +163-441-8323 T-788 P 005/033 F-340 B. Subject to the provisions of Exhibit C (Site Access Procedures) attached hereto, CITY shall provide COl LMLNICATIONS COMPANY with twenty-four (24) . hour, seven (7) day a week, year-round access to the Site subject to the City's right to limit access to the Tower in cases of emergency or at times when the City is conducting repairs or maintenance on the Water Tower. The City shall use reasonable efforts to minimize the disruption of CO"UNICATIONS COMPANY's access to the Tower, in responding to any such emergencies and performing such maiatenance and repairs. The City will be entitled to reimbursement from COMhiLJNICATIONS COMPANY if the City incurs any actual out of pocket costs that the City incurs while COMMUNICATIONS COMPANY access to Water Tower, Property or Equipment Shelter except in those cases where cost is incidental to City obtaining access for its own purposes unrelated to CONLMUNICATIONS COMPANY's use ofamennae, Tower and Equipment Shelter. The City shall not be responsible in damages or otherwise for interruption in COMMUNICATIONS COMPANY services where the interruption is due to an emergency or performance of maintenance and repairs on the Tower. C. COMMUNICATIONS COMPANY, its agents and contractors are hereby granted the right, at its sole cost and expense, to enter upon the City's Site and conduct such studies as COM24UNICATIONS COMPANY deems necessary to determine the Site's suitability for COMMUNICATIONS COMPANY's intended use. These studies may include surveys, soil tests, euvirormzcntal cvaluations, radio wave propagation measurements, field strength tests and such other analyses and studies as COMMUNICATIONS COMPANY deems necessary or desirable. Notwithstanding the foregoing, CON vIUNICATIONS COMPANY shall not enter onto the Site or Tower to perform any necessary studies or tests referenced above until such time as COMi\RJNICATIONS COMPANY has obtained prior written approval of the CITY, such approval not to be unreasonably withheld or delayed, and obtained and provided to the CITY an acceptable Indemnification Agrcernent and Certificate of Insurance in compliance with Paragraph 19 of this Agreement. Notwithstanding the foregoing, if the City has not approved or disapproved of COMMUNICATIONS COMPANY's request within five (5) days after receipt thereof, City's approval will be deemed given and COMMUNICATIONS COMPANY shall have access to the Site in conformity with Exhibit C. D. COMMUNICATIONS COMPANY may operate, drive and temporarily park vehicles of any kind on said Site in order to transport equipment, supplies, materials and personnel in connection with the accomplishment of any or all of the foregoing purposes. E. COMMUNICATIONS COMPANY may temporarily store equipment, materials or supplies on said Site in order to accomplish any or all of the foregoing 5 OF 28 MIN454 City of Otsego, MN AUG -13-2703 10:09AA FROWCITY OF CTSEGO +763-44'-8823 T-789 P -00V 35 F-340 purposes_ F. COMMUNICATIONS COMPANY may install utilities, for the benefit of COM.1dUNICATIONS COMPANY, at COMMUNICATIONS COMPANY's sole cost and expense, and make improvements to the present utilities on the Site. COMML 1YCATIONS COMPANY may request utility easements for the installation of such facilities. Such requests shall be made by COMIMUNICATIONS COMPANY in writing to the CITY, which approval shall not be unreasonably withheld COMNfUMCATIONS COMPANY shall coordinate any such utility installation or improvements, in advance, with the CITY in accordance with the terms of this agreement and Exhibit C attached hereto. COND I NICATIONS COMPANY shall be responsible to pay all installation and recusing charges for utilities installed or improved for the benefit of COMIvRJMCATIONS COMPANY. G. COMMUNICATIONS COMPANY may have ingress and egress over, across, upon and through said Site in order to accomplish any or all of the aforesaid purposes. Any access easements rented to COMMUNICATIONS COMPANY shall terminate upon termination of this Antennae Site Use Agreement and COMMUNICATIONS COMPANY agrees to execute any and all documents necessary to remove the easement from the Property_ H. The color of the antennae and any equipment placed on the Tower shall match the color of the Tower. 1. CITY will not in any way be responsible for the antennae, the related equipment; or any personal property actually placed on the Property or installed on the Towcr by COMMUNICATIONS COMPANY. J. The antennae and the related equipment shall remain the property of COMMUNICATIONS COMPANY, subject to the terms of Paragraphs 11 and 12. 11. INSTALLATION OF EQUIPMENT AT ADDITIONAL SITES Additional sites may be added to this Agreement by written addendum mutually agreed to by CITY and COM.MLN, "ICATIONS COMPANY. COMMUNICATIONS COIVTPANY shall, in accordance with Paragraph 12A of this Agreement, provide the CITY with a detailed technical plan of the new site(s� which trust be approved pursuant to Paragraph 12A before execution of that site's addendum. Said technical plan shall be attached hereto and incorporated herein as Exhibit B. The CITY shall, in accordance with Paragraph 14 of this Agreement; provide COMMUNICATIONS COMPANY with detailed site access procedures for the new site. 60F28 MIN454 City of Otsego, MN AUG -13-200 IC:IIAN FROWCITY OF OTSEGO +763-441-832: T-TH P.00T/035 F-340 These procedures will be attached hereto and incorporated herein as Exhibit C. All terms and conditions of this Agreement and any subsequent attachments shall apply to any and all new sites added to this Agreement unless specifically modified by written addendum. 12. COMMUNICATIONS COMPANY CONDITIONS This use is granted subject to the following conditions: A. COMMUNICATIONS COMPANY shall submit to the CITY a detailed technical site plan, including location of utilities, equipment placement drawings, frequencies, ERP calculations, and antenna wind load calculations, which must be approved by the CITY prior to execution of this Agreement by CITY. Said technical site plans and specifications shall be incorporated herein as Exhibit B. B, C0NVvf IVICATIONS COMPANY shall not make any Material Modifications or changes to its equipment, beyond those approved in Exhibit B, on the Site or Tower without the prior written approval of the City, such approval not to be unreasonably withheld or delayed. Notwithstanding the faregoing, if the City has not approved or disapproved of CONLMUNICATIONS COMPANY's plans within five (5) days after receipt thereof, City's approval will be deemed givexr, and COMMUNICATIONS COMPANY shall have access to the Site in conformity with Exhibit C. Material Modifications shall be defined as an increase in the outdoor equipment footprint or adding any attachments to the Tower, or an increase in the number of antennas, or an increase in the antenna wind loading, or an increase in total effective radiated power, or changes in operating frequencies. C. All attachments to the Tower shaU be made in a professional manner and subject to approval of the City, such approval not to be unreasonably withheld. No modifications may be made on the Tower, nor shall airy Tower bolts be removed or replaced without the approval of the City. D. All items of COMMUNICATIONS COMPANY equipment as listed on Exhibit B shalt be provided and paid for by CO'NtMUNiCAT10NS COMPANY. COMMUNICATIONS COMPANY shall be solely responsible for the installation, maintenance and repair of COMMUNICATIONS COMPANY equipment during the term of this Agreement and any extensions. E. COMMUNICATIONS COMPANY shall maintain the antennae and equipment in good condition at all times, at its sole cost and expense. COMMUNICATIONS COM?ANY shall conduct all repair, replacement and maintenance operations in accordance with applicable OSHA regulations or 7 OF 28 NfIN454 City of Otsego, MN AUG -1-2103 10:13AM FR014-CITY OF CTSEGO +763-44'-8823 7-789 P. 003/035 F-340 such other occupational and safety regulations pertaining to such operaxions. Every five (5) years from the commencement date of this Agreement, COMMUNICATIONS COMPANY shall have the antennae, related equipment and Tower inspected by a Registered Civil Engineer and provide the City with a copy of the inspection report. If COMMUNICATIO>✓S COMPANY fails to do so, and such failure creates a risk of damage or injury to persons or property (as determined in the reasonable discretion of the City), the Citymay take such steps as it determines to be necessary to protect persons or property; including removal of the antennae and related equipment. COMMUNICATIONS COMPANY shall reimburse the City for any costs incurred in connection with assuring compliance with the provisions of this paragraph; including any attorneys, engineer's or expert fees, administrative expenses and costs of restoring the Tower and the Property to their original condition. If C0MM1JNICATIONS COMPANY fails to pay the CITY for such costs within thirty (30) days of a demand by the CITY for payment, the CITY at its election may terminate this Agreement and retain the total payment of the current years rent. These remedies are nonexclusive, and the CITY expressly reserves its rights to pursue any and all available legal or equitable remedies. F. All COMMC,NICATIONS COMPANY and all CITY radio communications equipment which now exists on said Tower or which may be placed at the Site shall be installed, operated and maintained in accordance with all applicable rules and regnMons established by Federal Communications Commission (FCC). G. COMMI- NICATIONS COMPANY shall separately meter and pay all electric and other utility services that are associated with the use of the Property and the Tower. The City agrees to cooperate with COMMUNICATIONS COMPANY in its efforts to connect the antennae and related equipment to existing utility service at COMMUNICATIONS COMPANY's expense. The City makes no representation or warranty regarding the availability of electric or other utility service to the Tower. COMMUNICATIONS COMPANY shall have the right to install utilities, at COMMUNICATIONS COMPANY's expense, and to improve the present utilities on the Properly. The City shall not be liable, and COMMUNICATIONS COMPANY waives any and all claims against the CITY, for any interruption of electrical or other utility services to the Property, Antennae or Equipment Shelter. H. COMMUNICATIONS COMPANY shall cooperate with CITY and execute all documents required pursuant to this Agreement or to permit COMMUNICATIONS COMPANY's intended use of the Site in compliance with zoning, land use, and building regulations. 1. COMMUNICATIONS COMPANY shall not resell, sublease, broker or otherwise permit use of space or capacity on the Site or Tower by others except 8OF28 MIN454 City of Otsego, MN AUG -13-200 IC:15AN FROWCITY OF OTSEGO +763-441-8323 T-788 P.009/03i F-340 as provided for in Paragraph 27 of this Agreement. J. No advertising of any kind shall be permitted on the Tower or Site. 13. RF EMISSIONS AND HARMFUL INTERFERENCE In all cases, governmental systems shall have the right to operation without being subjected to harmful interference or interruptions from commercial users at the Site_ COMMUNICATIONS COMPANY shall not use, nor shall COMMUNICATIONS COMPANY permit its employees or contractors to use the Tower or Site in airy way which causes harmful interference or interruptions to the operation of governmental communications equipment which maybe installed at the Site, or results in radio- frequency radiation exposure levels ac, or adjacent to, the Site to be in excess of the limits specified in 47 C.F.R. § 1.1310, as amended. COMMUNICATIONS COMPANY and CITY shall promptly make any necessary adjustments or repairs should their equipment; due to maladjustment, defects or failures, cause harmful interference to other radio communications equipment at the Site, or result in radio-frequency radiation exposure levels at, or adjacent to, the Site to be in excess of the limits specified in 47 C.F.R § 1.1310, as amended Assignment of responsibility for excessive radio-frequency radiation exposure levels at, or adjacent to, the Site, or harmful interference not due to equipment maladjustment, defects or failures shall be in accordance with the fbHowing- A- Commercial users shall bear primary responsibility to rectify excessive radio-frequency radiation exposure levels at, or adjacent to, the Site, or harmful interference caused by their equipment, or a combination of their equipment, to governmental systems at the Site. B. Governmental system users shall bear secondary responsibility to rectify excessive radio-frequency radiation exposure levels at, or adjacent to, the Site, or harmful interference caused by their equipment to commercial users at the Site. C. The commercial user with the most recent installation or modification shall bear primary responsibility to rectify excessive radio-frequency radiation exposure levels at, or adjacent to, the Site, or harmful interference caused by that installation or modification to pre-existing commercial users. Pre-existing commercial users shall bear sccondary responsibility to rectify such excessive radio-frequency radiation exposure Ievels at, or adjacent to, the Site, or harmful interference caused by their equipment to the commercial user with the most recent installation or modification. Primary responsibility shall be defincd as providing essentially all necessary analysis, measurements, nesting and engineering to determine the cause of, and solution to, excessive radio-frequency radiation exposure levels at, or adjacent to, the Site, or harmful interference. The user with primary responsibility shall make all necessary and reasonable changes, at their sole expense, to their system, i.e. antenna location, 9OF28 MR`4454 City of Otsego, MN AUG -13-200 IN TAW FR% -CITY OF OTSEGO 4763-441-8323 T-768 P.010/035 F-340 frequencies, ERP, transmitter filtering, etc. to rectify the excessive radio-frequency radiation exposure levels at, or adjacent to, the Site, or harmful interference. Secondary responsibility sball be defined as full cooperation with the user bearing primary responsibility, and providing reasonable supplementary analysis, measurements, testing and engineering to determine the cause of, and solution to, excessive radio- frequency radiation exposure levels at, or adjacent to, the site, or harmful interference. The uses with secondary responsibility shall make all reasonable changes to their system necessary to rectify the excessive radio-frequency radiation exposure levels at, or adjacent to, the site, or interference, at the expense of the user with primary responsibility, that do not materially adversely affect performance of their system. COi NfUNICATIONS CO_WANY shall provide the CITY with a copy of any Routine Environmental Evaluations, Environmental Assessments, or other technical information regarding compliance with radio-frequency radiation exposure levels at the Site that are required to be submitted to the FCC pursuant to 47 C-F.R- §§ 1.1307 and 1.1310, as amended. 14. ACCESS COMMUIrTICATIONS COMPANY shall adhere to all Site access procedures as described in Exhibit C, attached hereto and incorporated herein by this reference. All Site access procedures or modifications must be approved by and coordinated with the CITY which has primary use and control of the Site. 15. RELOCATION OF COMMUNICATIONS COMPANY EQUIPMENT The CITY reserves tate right to require relocation of COMMUNICATIONS CON eANY equipment elsewhere upon the Tower or the Site based on a reasonable determination by the CITY that space or capacity occupied by CONOAUNICATIONS COMPANY on the Tower and/or Site is needed for governmental uses. Upon written notice by the CITY, COMMUNICATIONS CONPANY shall relocate said equipment to another location on the Tower and/or Site acceptable to the CITY within nun(90 days, and CITY shall bear the sole expense of said relocation. Refusal or inability COMMUNICATIONS COMPANY to relocate its equipment to a suitable location s all constitute default and shall be grounds far cancellation of this Agreement pursuant aplt 30-of,d s --- --- Agreement. 16. TOWER MAINTENANCE The CITY agrees to maintain the Tower in accordance with all local, state and federal rules and regulations. In the event that CITY's maintenance procedures require temporary removal, relocation, dismantling or disconnection of COMMUNICATIONS COMPANY's equipment either on the tower or elsewhere, then CITY agrees to provide sixty (60) days written notice prior to commencement of the maintenance procedure. 10 OF 29 MrN454 City of Otsego. M-1 AUG -13-2003 IC:13AW FRCIkCITY OF OTSEGO +763-441-8323 T-769 P.011/033 F-340 CITY also allows the temporary placement of a Cell on Wheels or alternative equipment facility on CITY's Property or Site during the maintenance procedure period. 17, DAMAGE TO SITE If the Site or Tower are damaged or destroyed by acts of nature, fire or other casualty and COMII MUNICATIONS COMPANY equipment becomes inoperable as a result thereof, or access to the Site for purposes of rewired repair, maintenance, replacement, removal, installation, change, etc., is unavailable due to said acts of nature, fire or other casualty, the CITY may elect to: (a) Terminate this Agreement upon thirty (30) days notice to COMMUNICATIONS COMPANY and pay COND&JNICATIONS COMPANY the remaining balance of any pre -paid quarterly Site Use Fee; or (b) To have repaired, restored or rehabilitated the Site or Tower at no expense to COMMUNICATIONS COMPANY. COMMUNICATIONS COMPANY's rent payments shall be abated until the Site or Tower is sufficiently repaired, restored, or rehabilitated for COMMUNICATIONS COMPANY to resume its use of the Tower and Site under this Agreement. (c) In case of such destruction of or damage to the Site or Tower, CON!1MUNICATIONS COMPANY shall also have the right to terminate ibis Agreement upon thirty (30) days notice to CITY, and receive the remaining balance of any pre -paid quarterly site Use Fee on a pro -rated basis. The CITY shall not be responsible to CONEWJNICATIONS COMPANY for damage or destruction of COMMUNICATIONS COMPANY equipment or other personal property in, on, or about the Site or Tower unless caused by the negligent or willful acts of the CITY, its agents, contractors or employees. 19. INDEPENDENT CONTRACTOR COMMUNICATIONS COMPANY shall select the means, method, and manner of performing the services herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting COMMUNICATIONS COMPANY as the agent, representative, or employee of the CITY for any purpose or in any manner whatsoever. COMMUNICATIONS COMPANY is to be and shall remain an independent contractor with respect to all services performed under this Agreement. COMMUNICATIONS COMPANY represents that it has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of COMMUNICATIONS COMPANY or other persons while engaged in the performance of any work or services required by COMMUNICATIONS COMPANY under this Agreement shall have no contractual relationship with the CITY, and shall not be IIOF28 MIN454 City of Otsego, MN AUG -13-2003 10:21AW FROWCITY OF OTSEGO +763-441-4323 T -T68 P.012/035 F-340 considered employees of the C1TY. Any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against COMMUNICATIONS COMPANY, its officers, agents, contractors, or employees shall in no way be the responsibility of the CITY, Unless caused by the CITY's negligence or willful misconduct, COMMUNICATIONS COMPANY shall defend, indemnify, and hold the CITY, its officers, agents, and employees harmless from any and all such claims including, but not limited to, payment of all necessary costs, disbursements and attorney's fees. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the CITY, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re-employment Insurance, disability, severance pay, and Public Employees Retirement Association benefits. 19. INDEMNIFICATION AND INSURANCE A. COMMUNICATIONS COMPANY agrees to defend, indemnify, and hold harmless the CITY, its elected officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including costs, disbursements and attorney fees, resulting directly or indirectly from any negligent act or omission of COMMUNICATIONS COMPANY, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this contract; and against all loss by reason of the failure of said COND4UNICATIONS COMPANY to perform fully, in any respect, all obligations under this contract. B. CON MUNICATIONS COMPANY agrees at all times during the term of this Agreement, and beyond such term when so requested, to have and keep in force insurance, either under a self-insurance program or separate insurance policy, as follows: (1) Commercial General Liability shall list the City of Otsego as an additional insured with the following insurance limits: Limits General Aggregate 51,000,000 Products -Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence - Combined Bodily Injury and Property Damage S1,000,000 (2) Automobile Liability — Combined single limit each 12 OF 28 MIN454 City of Otsego, MN AUG -1-2003 10:23A;A FR014-CITY OF CTSEGO +763-44:-8823 7-789 P.013/135 F-340 t occurrence for bodily injury and progeny damage covering owned, non -owned and hired automobiles - $1,000,000 (3) Workers' Compensation and Employer's Liability: Limits (a) Workers' Compensation: Statutory If the Contractor is based outside the State of Minnesota, coverage must apply to Mitmesota laws. (b) Employer's Liability Limits Bodily injury by: Accident - Each Accident S100,000 Disease - Policy Limit $500,000 Disease - Each Employee $ 100,000 An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance amounts. The above establishes minimum insurance requirements. It is the sole responsibility of COMMUNICATIONS COMPANY to determine the need for and to procure additional coverage that may be needed in connection with this Agreement. COMMUNICATIONS COMPANY shall not commence work on the Sire, or otherwise occupy the Tower or Site until it has obtained required insurance and filed an acceptable Certificate of Insurance with the CITY, The Certificate shall: (a) List CITY as Certificate holder and as an additional insured with respect to operations covered under the contract, for all liability covcrage's, except Workers' Compensation and Employer's Liability, and Professional Liability, if applicable; and (b) Be amended to show that CITY will receive 30 days written notice in the event of cancellation, non -renewal, or material change in any described policies. C. COMMUNICATIONS COMPANY also agrees that any contract let by COMMUNICATIONS COMPANY for the performance of the work on the Site or Tower as provided herein shall include clauses that will: (1) Require the Contractor to defend, indemnify, and hold hwrnless the CITY, its elected officials, officers, agents and employees from any liability, claims, causes of action, losses, demands, damages, judgements, costs, interest, expenses 13 OF 28 MIN454 Ciry of Otsego, MN AUG -13-2063 IC:23AU FRGI+FCITY OF OTSEGO 20. TAXES +763-441-8823 T-788 P 014/031 F-340 (including, without limitation, reasonable attorney's fees, witness fees, and disbursements incurred in the defense thereof] arising out of or by reason of the acts and/or omissions of said Contractor, its subcontractors, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable for. (2) Require the Contractor to provide and maintain insurance in accordance with the following: (1) Workers' Compensation and Employer's Liability Insurance: Limit (a) Bodily Injury by Accident: $100,000 each accident (b) Bodily Injury by Disease: 5500,000 policy limit/ 5100,000 each employee Note: all stws endorsement is required if contractor is domiciled outside the State of Minnesota. (2) Commercial General and Automobile Liability Insurance: Limits (a) Commercial General Liability: Combined Bodily Injury and Property Damage: Each Occurrence Limit S1,000,000 General Aggregate Limit 51,00,000 Products - Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Coverages above shall also include: Premises - Operations Contractual Liability (including oral and written contracts) Explosion, Collapse, Underground Property Damage (XCU) (b) Automobile Liability including Hired Car and Employcis Non - Ownership Liability; Combined Bodily injury and Property Damage: Each Occurrence Limit $1,000,000 The above Subparagraphs establish minimum insurance requirements, and it is the sole responsibility of COMMUNICATIONS COMPANY's Contractor(s) to purchase additional insurance that may be necessary for the project. COMMUNICATIONS COMPANY will pay all personal and real estate property takes assessed against COMMUNICATIONS COMPANY's antmmae and related equipment 14 OF 2s MIN454 City of Otsego, MN AUC -1-2003 10:26AM FROWCITY 01: CTSE00 +763-44'-8923 i-789 P.015/335 F-340 t at the Site. If such improvements constructed on the property should cause part of the property to be taxed for real estate purposes, it shall be the liability of COMMUNICATIONS COMPANY to pay such property taxes. 21. NOW BY THE CITY The CITY makes no warranties, expressed or implied, whatsoever regarding the Site. In particular, the CITY does not warrant that the proposed Tower or equipment upon the Site will be suitable for CONWUNICATIONS COMPANY intended use. Further the CITY makes no warranty as to the condition or safety of the Site for COMMUNICATIONS COMPANY employees, agents or independent contractors, other than the warranties contained in Paragraph 31, Hazardous Substances, of this Agreement. Any such determination and liability resulting thereof shall be the sole responsibility of COMMUNICATIONS COMPANY. 22_ GOVERNMENT APPROVALS It shall be the sole responsibility of COMMUNICATIONS COMPANY to apply for and obtain all governrnental approvals necessary for COMMUNICATIONS COMPANY intended use. The CITY agrees to cooperate with COMMI N1CATIONS COMPANY in obtaining, at COMWNICATIONS COMPANY expense, all licenses, permits and/or governmental approvals necessary for COMMUNMCATIONS COMPANY use of the Site. 23.N0N-DISCRDA1NATl0N - AFFIRMATIVE ACTION In accordance with the CITY's policies against discrimination, no person shall be excluded from full employment rights or participation in or the benefits of any program, service, or activity on the grounds of rake, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable Federal or State laws, rules, or regulations against discrimination shall be otherwise subjected to discrimination. 24. NOTICES Any notices provided for or permitted in this Agreement shall be made by certified United States mail, postage prepaid, or deposited with any nationally recognized overnight carrier that routinely issues receipts, or by delivering of same in person, as follows: If to CITY to: City of Otsego Attn: City Administrator 8899 Nashua Avenue NE Elk River, MN 55330 15 OF 28 MCN454 City of Otsego, MN AUC -13-2003 IC:27AM FROI�CIT'f OF OTSEGO +TE3-441-8323 If to CO MMU'lf I CATIONS COMPANY to: Staubach Global Services 13601 Dallas Parkway, Suite 400, Dallas, TX 75001 PIS: 972.361.5000; Fax 972.361.5922 Attn: Qwest Ileal Estate Administrator — ID M1N454 With a copy to: T -'E9 P.OloiD3� F-340 Ij 25. DATA PRIVACY COl4VA'UNICATIONS COMPANY and CITY agree to abide by all applicable State and Federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data including but not limited to information made non-public by such laws or regalations. 26. RECORDS - AVATLABFLITY As required by Minn. Stats, § 16C.05 Subd. 5, CONftii MCATIONS COMPANY agrees that the CITY, the State Auditor, the Legislative Auditor, or any of their duly authorized representatives, in the event that any dispute arises between the parties to this Agreement regarding payment by COMMUNICATIONS COMPANY to the CITY, upon reascmable notice, which shall not be less than seven (7) business days, during normal business hours, and not more than once a calendar year, shall have access to and the right to examine, and audit the books, documents, papers, and records which are pertinent only to the payment of rent to the CITY for use of the subject Site. To the extent permitted by law, all information obtained by or revealed to the CITY, the State Auditor, or any of their representatives or agents sha11 remain non-public data and shaIl not be disclosed to any third party without the express written authorization of COMMUNICATIONS COMPANY or by court order. This audit provision shall be effective during the term of this Agreement and for six years thereafter. 27. NON -ASSIGNMENT COMMUNICATIONS COMPANY binds itself, its partners, successors, assignees, subcontractors, and legal representatives to the CITY in respect to all covenants, agreements and obligations contained in the Agreement. Neither this contract nor any rights or duties hereunder may be assigned or delegated by the CITY or by COMMUNICATIONS COMPANY without the prior written consent of the other parry. 16 OF 28 MIN454 City of Otsego. 1VIN AUG. -13-2003 10:29A4 FROWCITY OF CTSEGO +763-44'-8823 7-739 P.017/035 F-340 Such consent shall not be unreasonably withheld. Any assignment or delegation in violation of this section shall be void. Notwithstanding the foregoing, COMMUNICATIONS COMPANY reserves the right to assign this contract or any rights or duties under this contract to any affiliated company or subsidiary of CO ICATIONS COMPANY or to a company which results due to the merger of COMMUNICATIONS COMPANY with another company. In the event that COMMUNICATIONS COMPANY elects to assign this contract, or any rights or duties under this contract, to any affiliated company or subsidiary of COMMUNICATIONS COMPANY, it shall give the CITY ninety (90) days' written notice preceding said assignment, without the CITY's consent. URon-nQtlfica ion to CITY of any assignment, and receipt of C_ITY's.prior consent where appropriate, CONINMUNICA.TIONS COMPANY shall be z�lieved of all performance, liabilities and obligations under this Agreement No subcontract, Wever, shallrelieve CO�CA't'I014�( ice' of its liabilities and obligations under this Agreement. Further, COMMUNICATIONS COMPANY shall be fully responsible for the acts, omissions, and failures of its subcontractors in the performance of the herein -specified contractual services, and of persons directly or indirectly employed by subcontractors. Contracts between COhLMLINICATTONS COMPANY and each subcontractor shall require that the subcontractor's services and obligations are performed in accordance with the terms and conditions herein speciRed. Consent to assign shall be accomplished by execution of a form prepared by the CITY and signed by COMMUNICATIONS COMPANY, the assignee and the CITY. Nothing in the contract document shall create any contractual relationship between the CITY and COMMUNICATIONS COMPANY's employees, subcontractors and their agents and employees or any other parties famishing commodities and /or services to COMMUNICATIONS COMPANY and its agents and employees. Tim -CITY -may freelyassign its rights and delegate its duties under this Agreement to a joint powers organization of to any such arganizarion to which the CITY may become a nierriber during the term 29. LIENS COMMUNICATIONS COMPANY will not allow any mechanics' or materialmen's liens to be placed on the Site as a result of its work on the Site and COMIvRJNICATIONS COMPANY shall indemnify and hold harmless the CITY and the Site forever free and clear from all liens for labor and material furnished by COMMUNICATIONS COMPANY or a contactor of COMMUMCATlONS COMPANY and not the CITY. Said duty to hold harmless and indemnify CITY includes, but is not limited to, costs, expert fees, disbursements and attorney's fees. 17 OF 28 MTN454 City of Otsego, NIN AUG -13-2003 10:31AN FR% -CITY OF OTSEGO +763-441-8323 T-789 P.018/033 F-340 29. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. B. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. C. COMMUNICATIONS COMPANY's or the CITY's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, or a modification of this Agreement, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement, unless specifically so stated, consistent with terms and conditions of this Paragraph. 30_ DEFAULT AND CANCELLATION A. Subject to applicable notice and cure periods, if COhCvfUNICATIONS COMPANY fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Upon written notice by the CITY, COMMUNICATIONS COMPANY shall have sixty (60) days to cure said default. If such default is capable of being cured, but not capable of being cured within sixty (60) days, this Agreement may not be terminated so long as COMMUNICATIONS COMPANY provides tie CITY, within thirty (30) days of the initial CITY notice of said default, a written response notice detailing the appropriate curative action being diligently pursued by COMAdUNICATIONS COMPANY. The CITY shall, based on the COMMUNICATIONS COMPANY written response, grant a reasonable extension of time to complete cure of said default. Said extension shall not exceed ninety (94) days from the initial CITY notice of fault. Failure to cure said default may result in immediate termination cf this Agreement by the CITY. B. The CITY may, based on a reasonable determination by the CITY that Tower will be decommissioned and/or the property sold, and if COMMUVICATIONS COMPANY cannot relocate its equipment to an alternate location approved by the CITY pursuant to Paragraph 15 of this Agreement, cancel this Agreement upon serving COMMUNICATIONS COMPANY with six (6) months written notice of cancellation. In the event of such cancellation, COMMUNICATIONS COMPANY shall remove all property and equipment, including the antennae and 18 OF 28 MIN454 City of Otsego, NfN AUG -1-2)03 10:33AM FROLFCITY OF CTSEGO +763-44;-8823 T-789 P 013/335 F-340 all personal property and trade fixtures installed or owned by COMMUNICATIONS COMPANY from the Tower and Site, and COMMUNICATIONS COMPANY shall further remove all debris and restore any and all damage to the Tower and Site caused by such removal. In the event of such cancellation, and upon removal of all COMMUNICATIONS COMPANY equipment from the Site, COMMUNICATIONS COMPANY shall be refunded pro rata any pre -paid Site Use Fees. The CITY shall not be liable for any costs incurred by COMMLNICATIONS COMPANY to remove its equipment or to relocate to another site. C. This Agrecm ed with r Prior to the effective date of cancellation, unless otherwise agreed to in writing by the CITY, COMMUNICATIONS COMPANY shall remove all property and equipment; including the antennae and all personal property and trade fixtures installed or owned by COMMUNICATIONS COMPANY from the Tower and Site, and COMMUNICATIONS COMPANY shall further remove all debris and restore any and all damage to the Tower and Site caused by such removal. In the event of such cancellation, and upon removal of all COA1 MCATIONS COMPANY equipment from the Site, COMMUNICATIONS COMPANY shall be refunded pro rata any pre -paid Site Use Fees from the effective date of cancellation. D. In the event COMMUNICATIONS COMPANY fails to so remove any component of the antennae, related equipment, or both, or to return the Tower and the Property to their original condition, within thirty (30) days of the termination of this Agreenwrit, then the City shall have the right to remove the antennae or related equipment at COMMUNICATIONS COMPANY's sole cost and expense. If COMMUNICATIONS COMPANY fails to -reclaim the antennae or equipment with thirty (3 0) days' notice form the date of removal by the City, said antennae or equipment shall without further notice be deemed abandoned. No antennae or equipment will be released by the City to COMMUNICATIONS COMPANY until COMMUNICATIONS COMPANY has reimbursed the City for all expenses related to removing'the antennae and the equipment and returning the property and the Water Tower to their original condition. 31. HAZARDOUS SUBS'T'ANCES CITY represents that CITY has no knowledge of any substance, chemical, or waste on CITY'S Site that is identified as hazardous materials, asbestos, hazardous substance, waste, toxic or dangerous or dcfined in any applicable federal, state or local environmental or safety law or regulation, including, but not limited to, CEACLA. CITY shall hold COMMUNICATIONS COMPANY harmless from and indemnify COMMUNICATIONS COMPANY against any damage, loss, expcnsc, response costs, or liability, including consultant fees and attorneys' fees resulting from the presence of 19 OF 29 MIN454 City of Otsego, MN AUG -13-2003 10:33AM F201.FCITY OF OTSEGO +763-441-8321 T -T68 P-020/033 F-340 1 hazardous substances on, under or around CITY'S Site or resulting from hazardous substances being generated, stored, disposed of, or transported to, on, under, or around CITY'S Site as long as the hazardous substances were not generated, stored, disposed of, or transported by COMMUNICATIONS COMPANY or its employees, agents or contractors. COMMUNICATIONS COMPANY represents and warrants that its use of the Tower and Property will not generate and COMMUNICATIONS COMPANY will not store or dispose of on the Property, nor transport to or over the Water Tower or Property, any Hazardous Materials, unless COMMUNICATIONS COMPANY specifically informs the City thereof in writing twenty-four hours prior to such storage, disposal or transport; or otherwise as soon as COMMUNICATIONS COMPANY becomes aware of the existence of Hazardous Materials on the Property. The obligations of this section shall survive the expiration or other termination of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, COMMUNICATIONS COMPANY shall have the right to use or store scaled batteries and/or generators on the Site for use in connection with the Tower, together with small amounts of customary cleaning supplies, all handled in accordance with all applicable laws. COMMUNICATIONS COMPANY will be solely responsible for and shall defend, indemnify, and bold. harmless the CITY, its elected officials, officers, agents and employees from any liability, claims, causes of action, judgments, damages, Losses, costs, or expenses, inchWing, but not limited to, costs, disbursements, consultant fees and attorney fees, resulting from COMMI.INICATIONS COMPANY's, its employees, agents or contractors errors, acts and omissions related to the handling, storage, disposal, transportation, release or generation of hazardous substances on the Site or adjacent properties_ The obligations of P'aragmph 30 of this Agreement shall survive the expiration or outer termination of this Agreement, consistent with applicable statute of limitations. For purposes of this Agreement "Hazmdous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. 32.NON-EXCI,USTVE USE Upon paying the rent as required herein, COMMUNICATIONS COMPANY shall have the right to the non-exclusive use of the Water Tower and Property as permitted in this Agreement. Subject to Section 34(D), the City shall not be responsible for any interference which impairs the quality of the communication services being rendered by COMMUNICATIONS COMPANY from the antennae. 33. INTERFERENCE CAUSED BY ANTENNAE COMMUNICATIONS COMPANY's equipment shall be installed and operated in a manner which does not cause interference or otherwise impair the quality of the • 20 OF 28 MIN454 City of Otsego, MN AUC -13-2003 IC:3iAM FRCM--CITY OF OTSECO +11S3-441-8313 T-789 P-021/035 F-340 communication services being rendered by the following higher priority users, (1) City; (2) public safety agencies including law enforcement, fire, and ambulance services, that are not part of the City; (3) other governmental agencies where use is not related to public safety and (4) commercial users with installations or modifications preceding the installation by COMMUNICATIONS COMPANY. 34. INTERFERENCE NVITH ANTENNAE OPERATIONS A_ Temporary Interruptions of Service. If the City determines in its reasonable discretion, that continued operation of the antennae would cause or contribute to an immediate threat to public health and/or safety (except for any issues associated with human exposure to radio frequency omissions, which is regulated by the federal government), the City may order COMMUNICATIONS COMPANY to discontinue its operation. COMMUNICATIONS COMPANY shall immediately comply with such an order. Service shall be discontinued only for the period ghat the immediate threat exists. If the City does not give prior notice to COMMUNICATIONS COMPANY, the City shall notify COMMUNICATIONS COMPANY as soon as possible after its action and give its reason for taking the action. The City shall not be liable to CONLMUNICATIONS COMPANY or any other parry for any intemYption in CONEVUNICATIONS COMPANY's service or interference with COMMUNICATIONS COMPANY's operation of its antennae or equipment; except as may be caused by the negligence or willful misconduct of the City, its employees or agents. In any event, the City's liability shall not extend beyond the obligation to repair the cause of the interruption or interference. If the discontinuance extends for a period greater than three (3) business days, COMMUNICATIONS COMPANY's sole remedy shall be the right to terminate this Agreement within its sole discretion. B. With Structure. COMMUNICATIONS COMPANY shall not interfere with City's use of the Tower or Property and agrees to cease all such actions which unreasonably and materially interfere with City's use thereof no later than three (3) business days after receipt of written notice of the interference from City. In the event that COMMUNICATIONS COMPANY's cessation of action is material to COMMUNICATIONS COMPANY's use of the Tower and Property and such cessation frustrares COMMUNICATIONS COMPANY's use of the Tower and Property, within COMMUNICATIONS CUMPANY's sole discretion, COMM[TMCATIONS COMPANY shall have the immediate right to terminate this Agreement. C. With Higher Priority Users. If COMMUNICATIONS COMPANY's equipmcrit causes impermissible interference with the parties identified in paragraph 33 above or with preexisting tenants, COMMUNICATIONS COMPANY shall take all measures necessary to correct and eliminate the interference, If the interference cannot be eliminated within 48 hour -3 after receiving City's written 21 OF 28 MM454 City of Otsego, MN AUG -13-200 IC:33AU FROM -CITY OF OTSEGO +763-441-8923 T-799 P-022/035 F-340 notice of the interference, COMtifUNICATIONS COMPANY shall immediately cease operating its Antennae and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after COMMUNICATIONS COMPANY received City's written notice, City may at its option terminate this Agreement immediately. D. Interference Study - New Occupants. Upon written notice by City that it has a bona fide request from any other party to lease an area including or in close proximity to the Tower and Property, COMMUNICATIONS COMPANY agrees to provide City, within twenty (20) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Tower and Property at the time of such request. City may then have an independent registered professional engineer of City's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to COMMUNICATIONS COMPANY. City shall require the new applicant to pay for such interference studies. City agrees that it will not grant a future lease in the Tower and Property to any patty who is of equal or lower priority to COMMUNICATIONS COMPANY, if such party's use is reasonably anticipated to interfere with COMMUNICATIONS COMPANY's operation of its antennae or equipment. 35. FUTURE DEVELOPMENT COMMUNICATIONS COMPANY understands and acknowledges that the City may utilize the Property for public use at some future date, and that the design and manner of such use shall be in the sole discretion of the City. In the event that City undertakes such use, then the City and COMMUNICATIONS COMPANY agree to cooperate with one another as necessary to facilitate both parties use of the Property. 36. CONDEMNATION In the event the whole of the Property is taken by eminent domain, this Agreement shall terminate as of the date title to the Property vests in the condemning authority. In the event a portion of the Property is taken by enlincnt domain, either party shall have the right to terminate this Agreement as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, COMMUNICATIONS COMPANY shall not be entitled to any portion of the award paid for the taking and the City shall receive full amount of such award. COMMUNICATIONS COMPANY hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in value of the leasehold or to the fee of the Property, shall belong to City, COMMUNICATIONS COMPANY shall have the right to claim and recover from the condemning authority, but not from City, such compensation as may be separately awarded or recoverable by COMMUNICATIONS COMPANY on account of any and 21 OF 28 MIN454 City of Otsego, MNI AUG -13-2003 IC:41AN FROM -CITY OF OTSEGO +T83-441-8323 T-789 P-023/035 F-340 all damage to COMMUNICATIONS COMPANY's business and any costs or expenses incurred by City in raovinV'removing its antennae, equipment or personal property. Sale of all or part of Tower or Property to a purchaser with power of eminent domain in the face of the exercise of the power, shall be treated as a taking by condemnation. 37. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this contract and the legal relations between the herein parties and performance under it. The appropriate venue 2ndjurisdiction for any litigation hereunder will be those courts located within Wright County, State of Mirmesota. Litigation, however, in the federal courts involving the herein parties wM be in the appropriate federal court within the State of Minnesota. Any claim, controversy or dispute arising out of this Agreement may upon mutual agreement of the parties be refemd to non-binding or binding arbitration in accordance with the applicable rules of the American Arbitration Association. If any provisions of this Agreement are held invalid, illegal or unenforceable, the remaining provisions will not be affected ' 23 OF 28 MIN454 City of Otsego, MN AUG -_3-2303 10:43AM FROWCITY OF OTSEGO +763-44'-8823 7-789 P.024/335 F-340 CITY APPROVAL Qwest Wireless, L.L.C., having signed this Option -and Site Lease Use Agreement; and the City of Otsego having duly approved this contract on the sday of , 2001, and pursuant to such approval, the proper City officials having signed this contract; the parties hereto agree to be bound by the provisions herein set forth. Approved as to form and ex Date: oey f 2 Y 2 a 0 CITY OF OTSEGO STATE OF MNNESOTA BY ayor By: C6 C1 k COMMUr1ICA'I NS COMPANY APPROVAL QWEST WTREL.ESS, L.L.C. By: L---, I Senior Vic 'd nt per o ngtneering Date: to �14 • 24 OF 28 MN454 City of Otsego, MN AUG -13-2003 10:44AM FROWFCITY OF OTSEGO STATE OF COLORADO ) ss COUNTY OF j +763-44:-8823 T-789 P.025/036 F-340 NADINE E. TRUJILL0 NOTARY PUBLIC STATE OF COLORADO Mr Commission Expires 611912DOS Th foregoing instrument was acknowl ged before m this day of 2001 by as } Qwest Wirel ss, L_L_C_ N ry Public My Commission Expires: Sep 04 2003 11:40 Damon Farber Associates 612 332 0936 Change Order PROJECT: Site Improvements for. Three City Parks - Otsego Otsego, Minnesota 55330 CONTRACTOR: American Liberty Construction, Inc. 5900 Main Street, PO Box 547 Rockford, MN 55373-0547 The Contract is changed as follows: 0WYER X ARCHITECT X CONTRACTOR X FIELD OTHER p-1 ITEM -1O-1- CHANGE ORDER NUMBER: 1 DATE: 9/4!2003 LA N OSCAPE ARCM -1 ECT'S PROJECT # 03-139 CONTRACT DATE: 9/4/2003 CONTRACT FOR: Site Work w Total 1. Change Order Proposal No. TWO Rev. 1 -SI2,521-27 2. Change Order Proposal No. THREE $2,093.44 3. Change Order Proposal No. FOUR $3,029.06 4. Change Order Proposal No. SEVEN Rev. 2 $2,679.44 5. Change Order Proposal No. EIGHT $346.67 6. Change Order Pruposal No. NINE Rev. 2 $22,909.30 I otal Changc $18,536.64 (See attached Proposals from American Liberty Construction, Inc.) NOT VALID UNTIL SIGNED BY OWNER, ARCHITECT AND CONTRACTOR The original convect sum was............................................................... $1,019,892.16 The contract stun will be increased by this change order in the arnowit of............ $18,536.64 The new contract sum including this change order will be ............................... $1,039,428.80 The contract time will be unchanged. The date of Substantial Completion as of the date of this change order therefor remains unchanged. Note: This summary does not reflect changes in the contract sum, caatraet time or guarenteed 'Aaxirnurn price which ham been authorizedby Cemstrucim Chnnge Diractive. Landscape Architect Contractor Owner Datnon Farber Associates American Liberty Construction, Inc, City of Otsego 923 Nicollet Mall 5900 Main Street, PO Box 547 8899 Nashua Avenue NE Minneapolis, Minnesota 55402 Rockford, MN 55373-0547 Otsego, vtN 55330 BY By Date 94-. T Los Date -- Date CAUTION: You should sign an original document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. w