03-26-01 CCCLAIMS LIST
CITY COUNCIL MEETING
MARCH 26, 2001
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 Registers 3-12-2001 $ 250.00
3-19-2001 32,767.17
3-21-2001 7,567.52
GRAND TOTAL $ 40,584.69
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 Monday, March 12, 2001
Check Summary Register Page 1 of 1
Name Check Deb Check Amt
10100 BANK OF ELK RIVER
UnPaid GREGORY 3 JOY MAHER $250.00
Total Checks $250.00
CITY OF OTSEGO
Check Summary Register
10100 BANK OF ELK RIVER
UnPaid
AFFORDABLE SANITATION
UnPaid
BOISE CASCADE OFFICE PRODUCTS
UnPaid
ECM PUBLISHERS INC
UnPaid
MINNESOTA LIFE
UnPaid
ONRAMP, INC
UnPaid
PEOPLE SERVICE INC.
UnPaid
RMR SERVICES, INC
UnPaid
SOFTRONICS
UnPaid
SUPERIOR SERVICES
UnPaid
WRIGHT COUNTY AUDITOR -TREASURE
UnPaid
WRIGHT COUNTY RECORDER
Check
Total Checks
Monday, March 19, 2001
Check Amt
$114.63
$115.15
$279.70
$57.80
$39.95
$5,572.00
$8,071.51
$697.75
$460.00
$17,319.68
$39.00
$32,767.17
Page 1 of 1
CITY OF OTSEGO Monday, March 19, 2001
Check Detail Register I I
Page 1 of 2
?ia\a�:„s1\��`�„' z.<::ri.>:.y<•. Chock Amt Invoice Comment
10100 BANK OF ELK RIVER
E 201-45000-410 Rentals (GENERAL) $114.63 30116 OTSEGO PARK - MARCH
Total AFFORDABLE SANITATION $114.63
BOISE CASCADE OFFICE PRODUCTS
E 101-41400-201 Office Supplies $115.15 714686 OFFICE SUPPLIES
Total BOISE CASCADE OFFICE PRODUCTS $115.15
Unpaid �� ECMM PUBLISHERS INC
E 101-41400-350
Print/Binding (GENERAL)
$88.00
107586
AD PLANNING COMM
E 101-41400-350
Print/Binding (GENERAL)
$49.26
107773
LEGAL NOTICE - ARCON
E 101-41400-350
PrintBinding (GENERAL)
$54.44
107774
LEGAL NOTICE
E 101-41400-350
PrintBinding (GENERAL)
$88.00
107938
AD- PLANNING COMM
Total ECM PUBLISHERS INC
$279.70
Unpaid
E 101-43100-130 Employer Pad Ins (GENERAL) $34.20 P/W INSURANCE APRIL
E 101-41400-130 Employer Paid Ins (GENERAL) $23.60 ADMIN INSURANCE
Total MINNESOTA LIFE $57,80
E 101-41400-390 Contracted Services $39.95 973870 WEB HOST
Total ONRAMP, INC $39.95
L nP
PEOPLE SERVICE INC.
E 601-49400-390 Contracted Services $5,572.00 4280 MONTHLY SERVICE
Total PEOPLE SERVICE INC. $5,572.00
.."..: w w k M M x
Unpaid
E 601-49400-203 Supplies - General $8,071.51 2001-089 METERS
Total RMR SERVICES, INC $8,071.51
Unpaid SOFTRONICS �`
E 101-41400-570 Office Equip and Furnishings $95.85 1886 SCANNER
E 101-41400-570 Office Equip and Furnishings $276.90 1886 MONITOR
E 101-41400-390 Contracted Services $325.00 1886 LABOR
Total SOFTRONICS $697.75
lJnpaijS
a..,w...., .<., M M , M .»� wN w ." .w m :• n ri
UPERIOR SERVICES
E 101-43610-390 Contracted Services $460.00 191047 FEB 2001 SERVICE
Total SUPERIOR SERVICES $460.00
npad'-"
WRIGHT COUNTY AUDITOR -TREASURE
E 101-41400-310 Miscellaneous $286.35 2001 -TNT 2001 TRUTH IN TAX NOTICE
E 101-42100-390 Contracted Services $17,033.33 PATROL -2 SHERIFF PATROL -FEB
Total WRIGHT COUNTY AUDITOR -TREASURE $17,319.68
Unpaid,.,.,.,,.w.,,----WRIGHTCOUNTY RDER...
E 101-41400.340 Recording Fees $39.00 RECORDING FEE LINDENFELSER
Total WRIGHT COUNTY RECORDER $39.00
CITY OF OTSEGO Monday, March 19, 2001
Check Detail Register I I Page 2 or 2
CMdc Amt Invoice Comment
10100 BANK OF ELK RIVER $32,767.17 N �
CITY OF OTSEGO Thursday, March 22, 2001
Check Summary Register Page Or 1
Name Check Date Check Amt
10100 BANK OF ELK RIVER
UnPaid
BERLIN TIRE CENTER, INC
$1750
UnPaid
ELK RIVER PRINTING & PARTY PLU
$54.32
UnPaid
ICMA RETIREMENT TRUST
$331.92
UnPaid
MN DEPT OF TRANSPORTATION
$167.68
UnPaid
MN POLLUTION CONTROL
$1,140.00
UnPaid
NATIONAL ALLIANCE OF PRESERVAT
$25.00
UnPaid
NORTHWEST ASSOC CONSULTANTS
$4,166.57
UnPaid
PUBLIC EMPLOYEES RETIREMENT FD
$932,34
UnPaid
PURCHASE POWER
$115.00
UnPaid
SUPERIOR LAMP AND SUPPLY
$217.19
UnPaid
U OF MN EXTENSION SERVICE
S400.00
Total Checks $7,567.52
CITY OF OTSEGO Thursday, March 22. 2001
Check Detail Register Page 1 of 2
Check Amt Invoice
�cx�raa«z�£k
Comment
10100 BANK OF ELK RIVER
Unpaid BERLIN TIRE CENTER, INC
E 101-43100-220 Repair/Malnt Supply (GENERAL) $17.50 2800014939
93 CASE TRACTOR
Total BERLIN TIRE CENTER, INC $17.50
E 101-41100-350 Print/Binding (GENERAL) $54.32 12592
STRUTHERS BUS. CARDS
Total ELK RIVER PRINTING & PARTY PLU
$54.32
Unpaid ICMA RETIREMENT TRUST
G 101-21705 Other Retirement $130.00
E 101-41400-121 PERA
PPE 3/17
$201.92
Total ICMA RETIREMENT TRUST $331.92
PPE 3/17
Unpaid MN DEPT OF TRANSPORTATION �"""'"
" """""
E 413-43100-390 Contracted Services $167.68 49581
O'DEAN. AVENUE
Total MN DEPT OF TRANSPORTATION $167,68
Unpaid MN POLLUTION CONTROL
'� `""`"^"�'~'•~^^
E415-43251-310 Miscellaneous $1,140.00 4400000953
WO ANNUAL FEE
Total MN POLLUTION CONTROL $1,140.00
Vn +�»:K,+»�owa000vvtvrawc>:•.:::
npaid NATIONAL ALLIANCE OF PRESERVAT
I.,."'.""'""""""`."""""'
E 101-45300-355 Dues & Memberships $25.00
Total NATIONAL ALLIANCE OF PRESERVAT
MEMBERSHIP DUES
$25.00
Unpaid » NORTH OC CONSULTANTS
G 701-21961 Pheasant Ridge #rd & 4th $258.03 9928
PHEASANT RIDGE 4
G 701-21944 Bauertyf a ari $48.00 9928
1-94 WEST
G 701-21944 Bauerly/Boar $72,00 9928
BUSINESS PARK
G 701-21971 Dennis MOOre 2001-03 $139.30 9928
MOORE PRELIMINARY
G 701-21969 Farr Development PUD $209.76 9928
FARR SENIOR HOUSING
G 701-21970 Bulow/Luconic $426.15 9928
MEADOWLANDS
G 701-21961 Pheasant Ridge #rd & 4th $429.25 9928
PHEASANT RIDGE STH
G 701-21972 Quest $169.89 9928
E 101-41570-303 Planning Fees
QWEST WIRELESS
$1,414.19 9929
E 101-41570-303 Planning Fees
GENERAL
$1,000.00 9930
Total NORTHWEST ASSOC CONSULTANTS
GENERAL
$4,166.57
:Unpaid ,MM .PUBLIC EMPLOYERETIREMENT FD,,,,,,,,,,,,,,,,,,,,,,,M.,,,...,,
wkw M:<•:, o><•:�•» �.�>,nti.
E 101-41400-121 PERA $187.48
PPE 3/17
E 101-43100-121 PERA $298.88
PPE 3/17
G 101-21704 PERA $405.98
PPE 3/17
Total PUBLIC EMPLOYEES RETIREMENT FD $932.34
Unpaid PURCHASE POWER
E 101-41400-206 Postage
$115.00
POSTAGE BY PHONE
Total PURCHASE POWER $115.00
Unpaid SUPERIOR LAMP AND SUPPLY
E 101-43100-310 Miscellaneous $217.19 S1833117-01
LAMPS
CITY OF OTSEGO Thursday, March 22, 2001
Check Detail Register , , Page 2 or 2
Cn.uc Amt Invoila Comnwnt
TOW SUPERIOR LAMP AND SUPPLY
5217.19
Unpaid U OF MN EXTENSKNV SERVICE
E 101-41400-360 Education/TrainincyCon(erences $400.00 SEPTIC GUIDES
Told U OF MN EXTENSION SERVICE $400.00
10100 BANK OF ELK RIVER $
"OlkfrArwItsx *SsoC11*TIt4 CONSULTA"xs" INC.
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@winternet.com
MEMORANDUM
TO: Otsego Mayor and City Council
FROM: Daniel Licht
DATE: 20 March 2001
RE: Otsego - Pheasant Ridge 5' Add.; Planning Commission
FILE NO.: 176.02 - 01.03
Please be advised that the Planning Commission held a public hearing at their meeting on
March 19 to consider the proposed Pheasant Ridge 5h Addition.
Five residents from the adjacent Crimson Ponds and Pheasant Ridge (1 -4th Additions)
spoke in opposition to the project. The main objection to the project was to question the
compatibility of townhouse units in this location. One resident also questioned the use of
PUD flexibility for this project.
The Planning Commission discussion focused on the number of townhomes preliminary
and/orfinal platted within the City. Staff provided information that approximately 50 percent
of the residential units platted within Sanitary Sewer Service District are twinhomes or
townhomes. When the total number of housing units in the City is considered, the
percentage of townhouse units drops to around 25 percent. The Planning Commission
ultimately agreed that the natural features of the property, structure location and
landscaping will serve as an adequate transition.
Regarding the lot standards for the single family units, a majority of the Planning
Commission believed that the requested flexibility would be detrimental to the appearance
of the development. There was some discussion of allowing flexibility for the units fronting
Street A only, but the majority of the members believed that all of the units must meet the
R-6 District lot width, side yard setback and front yard setback requirements.
CITY OF
OTSEGO
WRIGHT COUNTY, MINNESOTA
Applicant: Arcon Development Inc
3-20-01
Zoning Map Amendment
Findings of Fact
& Decision
Request: Consideration of a Zoning Map amendment to rezone property legally described as
Outlot B of Pheasant Ridge (the "property") from A-1 District to R-6 District to allow for
development of single family and townhouse uses as part of the Pheasant Ridge 51' Addition
Preliminary Plat.
City Council Meeting Date: 26 March 2001
Findings of Fact: Based upon review of the application, the recommendation of the Planning
Commission and evidence received, the City Council of the City of Otsego now makes the
following findings of fact:
1. The legal description of the property is described as Outlot B of Pheasant Ridge
2. The 38.7 acre property lies within the Sanitary Sewer Service District and is guided for low
density residential land uses by the 1998 Comprehensive Plan Update.
3. The property is zoned A-1, Agricultural Rural Service District; The applicant is requesting
the property be rezoned to R-6, Low Density Multiple Family District to allow for
development of the preliminary plat entitled "Pheasant Ridge 5`h Addition"; Single family
uses and townhouse uses are permitted uses of the R-6 District.
4. The Planning Commission and City Council must take into consideration the possible
effects of the Zoning Map amendment with theirjudgement based upon (but not limited to)
the criteria outlined in Section 20-3-2.17 of the Zoning Ordinance:
A. The proposed action's consistency with the specific policies and provisions of the
official City Comprehensive Plan.
Finding: The Comprehensive Plan designates the property for low density residential
development. Low density development is defined for local purposes as less than
five units per acre. Although "low density" is typically realized as single family
development, it is possible to develop other housing types within the context of this
land use classification. In this case, approximately 21 percent of the subject parcel
is undevelopable wetland areas or right-of-way. The concept plan proposes 111
units on approximately the gross 38.65 acres, or 2.8 units per acre. As such, the
concept plan is consistent with the direction of the Comprehensive Plan in terms of
density. Even if density is calculated on a net basis (excluding wetlands and rights-
of-way), the project has 3.6 units per acre density.
Finding: The proposed use is not anticipated to have a negative impact to the City's
service capacity as it is anticipated by the Comprehensive Plan within a designated
service area.
5. The planning report dated 14 March 2001 prepared by the City Planner, Northwest
Associated Consultants, Inc., is incorporated herein.
6. The engineering review dated prepared by the City Engineer, Hakanson
Anderson Associates, Inc., is incorporated herein.
6. The Otsego Planning Commission conducted a public hearing at their regular meeting on
19 March 2001 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 Zoning Map amendment based on the aforementioned findings.
Decision: Based on the foregoing information and applicable ordinances, the requested Zoning
Map amendment is hereby approved based on the most current plan and information received to
date.
PASSED by the Otsego City Council this 26th day of March, 2001.
CITY OF OTSEGO
Larry Fournier, Mayor
Attest:
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 PROPERTY
INCLUDED AS PART OF THE PRELIMINARY PLAT OF PHEASANT RIDGE 5T"
ADDITION.
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 as Outlot
B of Pheasant Ridge (the "property").
Section 2. The property is hereby rezoned from an A-1, Agricultural Rural Service
District designation to a R-6, Residential - Townhouse, Quadraminium, & Low Density
Multiple 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.
PASSED by the Otsego City Council this 26th day of March 2001.
CITY OF OTSEGO
M
Larry Fournier, Mayor
ATTEST:
Judy Hudson, Zoning Administrator/City Clerk
CITY OF
OTSEGO
WRIGHT COUNTY, MINNESOTA
Applicant: Arcon Development Inc
3-20-01
PUD -CUP & Preliminary Plat
Findings of Fact
& Decision
Request: Consideration of a PUD -CUP and preliminary plat entitled "Pheasant Ridge 51'
Addition" for development of 111 residential units on property legally described as Outlot B of
Pheasant Ridge (the "property").
City Council Meeting Date: 26 March 2001
Findings of Fact: 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:
ON
3
El
The legal description of the property is described as Outlot B of Pheasant Ridge.
The 38.7 acre property lies within the Sanitary Sewer Service District and is guided for low
density residential land uses by the 1998 Comprehensive Plan Update.
The property' is zoned R-6, Low Density Multiple Family District; Single family and
townhouse residential uses are permitted uses of the R-6 District.
The Planning Commission and City Council must take into consideration the possible
effects of the PUD -CUP with their judgement based upon (but not limited to) the criteria
outlined in Section 20-4-2.F of the Zoning Ordinance:
A. The proposed action's consistency with the specific policies and provisions of the
official City Comprehensive Plan.
Finding: The Comprehensive Plan designates the property for low density residential
development. Low density development is defined for local purposes as less than
five units per acre. Although "low density" is typically realized as single family
development, it is possible to develop other housing types within the context of this
land use classification. In this case, approximately 21 percent of the subject parcel
is undevelopable wetland areas or right-of-way. The concept plan proposes 919
units on approximately the gross 38.65 acres, or 2.8 units per acre. As such, the
concept plan is consistent with the direction of the Comprehensive Plan in terms of
density. Even if density is calculated on a net basis (excluding wetlands and rights-
of-way), the project has 3.6 units per acre density.
The Comprehensive Plan also encourages development of alternative housing
designs or different sizes and costs to supplement existing conventional single family
development in response to market forces. The proposed single family units and
Finding: The proposed use is not anticipated to have a negative impact to the City's
service capacity as it is anticipated by the Comprehensive Plan within a designated
service area.
5. The planning report dated 14 March 2001 prepared by the City Planner, Northwest
Associated Consultants, Inc., is incorporated herein.
6. The engineering review dated prepared by the City Engineer, Hakanson
Anderson Associates, Inc., is incorporated herein.
6. The Otsego Planning Commission conducted a public hearing at their regular meeting on
19 March 2001 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 PUD -CUP and preliminary plat based on the aforementioned findings.
Decision: Based on the foregoing information and applicable ordinances, the requested PUD -
CUP and Pheasant Ridge 5"' Addition Preliminary Plat is hereby approved based on the most
current plan and information received to date, subject to the following conditions:
1. Preliminary plat approval does not guarantee access to sanitary sewer service. The City
shall only guarantee sanitary sewer service to approved final plats with signed contracts
or through financial commitment for such services to assure the City of timely development.
2. Private drives serving four or more units shall be designed to a width of 28 feet with
concrete curb. The design and construction of all public or private streets shall be subject
to review and approval of the City Engineer.
3. The preliminary plat is revised such that all single family lots have a minimum width of 60
feet measured at a minimum front yard setback of 35 feet.
4. Side yard setback requirements for single family uses shall be five feet one side and fifteen
feet on the opposite side of the structure with not less than 20 feet between structures.
5. The preliminary plat is revised to designate common lot 86 as an outlot with an overlying
drainage and utility easement.
6. A homeowners association shall be established, subject to review and approval of the City
Attorney.
7. Park and trail dedication shall be made by cash fee lieu of land at the time of final plat
approval, subject to recommendation of the Parks and Recreation Commission.
8. All grading and utility issues are subject to review and approval of the City Engineer.
3
Review No. 1
ENGINEERING REVIEW
Hakanson Preliminary Plat
Anderson
Assoc., Inc. Residential Subdivision
for the City of Otsego
by
Hakanson Anderson Associates, Inc.
Submitted to: Mike Robertson, Administrator
cc: Elaine Beatty, City Clerk,
Dan Licht, City Planner
Andy MacArthur, City Attorney
Arcon Development Company, Developer
Westwood Preofessional Services, Developer's Engineer
Reviewed by: Lawrence G. Koshak, P.E.
Ronald J. Wagner, P.E.
Date: March 20, 2001
Proposed
Development: Pheasant Ridge 5th Addition
Street Location
of Property: E %2 SW '/ NW '/4 & W %2 SE'/4 NW '/4 Section 27, T121,R23
38.65 ± Acres, South of 78th Street
Applicant: Arcon Development Company
7625 Metro Boulevard #350
Edina, MN 55439
Developer: Arcon Development Company
Owners of Record: Arcon Development Company
7625 Metro Boulevard #350
Edina, MN 55439
Purpose: Planned Unit Development (PUD) for 85 Town Homes, and
26 Single Family Homes
Jurisdictional Agencies:
(but not limited to): City of Otsego, Wright County
Permits Required
(but not limited to):NPDES
Considerations: Minnesota Pollution Control Agency
Minnesota Health Department
\\Ha01\Shared Docs\Municipal\AOTSEGO\2232\ot2232PPRVW#1.doc
INFORMATION AVAILABLE
Sheet #1 — Preliminary Plat of Pheasant Ridge 5th Addition, 2/23/01, by Westwood
Professional Services
Sheet #2 — Preliminary Site Plan of Pheasant Ridge 5th Addition, 2/23/01, by Westwood
Professional Services
Sheet #3 — Preliminary Grading Plan of Pheasant Ridge 5th Addition, 2/23/01, by Westwood
Professional Services
Sheet #4 - Preliminary Utility Plan of Pheasant Ridge 5th Addition, 2/23/01, by Westwood
Professional Services
Sheet #5 - Preliminary Planting Plan of Pheasant Ridge 5th Addition, 2/23/01, by Westwood
Professional Services
Sheet #4 -Preliminary Sanitary Sewer and Watermain Plan of Stonegate Estates, revised
9/8/00, by John Oliver & Associates, Inc.
Sheet #5 — Civil Details for Stonegate Estates, revised 8/3/00, by John Oliver & Associates,
Inc.
City of Otsego Engineering Manual, Revised February 2001
Minnesota Rules, Chapter 4410 — EAW Requirement
Trunk Stormwater Facilities Study for Portions of Lefebvre Watershed, March 1999
City of Otsego Zoning and Subdivision Ordinances, February 1991
National Wetland Inventory Map, 1991
Report of Geotechnical Exploration and Review, June 11, 1999
Preliminary Plat — SHEET 1
1. The site location is incorrect on the location map.
2. A north arrow must be added to the location map.
3. Zoning and ownership name of adjacent property must be shown (Subdivision
Ordinance, Section 21-6-2.13.2
4. Drainage & utility easements for wetlands & ponds not shown.
\\Ha01\Shared Docs\Municipal\AOTSEGO\2232\ot2232PPRVW#1.doc
Preliminary Site Plan — SHEET 2
1. Grading plan needs to be signed by a registered professional civil engineer
(Engineering Manual, pg. 6, Section 111.5.g).
2. A 10' wide bike path on the north side of 78th Street must be included. The bike path
centerline should be located 34' from 78th Street centerline.
3. Typical sections of the streets & bike path must be shown.
4. Outlot B mislabeled.
Preliminary Grading Plan — SHEET 3
1. All storm ponds require a skimmer structure for outlet control. (see Eng. Manuel)
2. Boring hole locations and identification numbers must be shown.
3. Outlot B mislabeled.
Preliminary Utility Plan — SHEET 4
Extend the 12" water main past the west end of the proposed 78th Street extension
for future looping.
Preliminary Planting Plan — SHEET 5
No comments (deferred to Planner)
Preliminary Unit Planting Plan & Details — SHEET 6
No comments (deferred to Planner)
Storm Water Runoff Calculations
1. Normal level, 2 -year, 10 -year, and 100 -year flood water levels shall be depicted on
the plan for each basin.
2. Detention basins should include a shelf with a minimum width of 10 feet and a slope
of 10:1 starting at the normal water level (see Appendix C, pg. 4, Section 5.0.E.4).
3. A minimum curve number of 85 must be used for areas with townhouses and a
minimum curve number of 75 for single family homes.
\\Ha01\Shared Docs\Municipal\AOTSEGO\2232\ot2232PPRVW#1.doc
Soil and Erosion Control
1. No further comments.
Watinnric
1. Submit a delineation report for review.
2. Public Value Credits can not be used in Otsego until the city adopts a storm pond
maintenance plan.
Traffic Issues
1. Horizontal curvature which is less than 250' radius causes concern. Show locations
of warning signs and speed limit signs where needed.
Environmental
1. A review and statement related to environmental concerns is necessary. Is there any
surface or buried waste within the boundaries of the property? Are there any other
known environmental concerns with the site?
Other Considerations
1. Street names, both public and private, will be ultimately selected by the City in
accordance with street naming guidelines (Subdivision Ordinance, Section 21-7-7.p).
2. Benchmarks need to be shown on each sheet (see page 7, Section 111.14 of
Engineering Manual).
3. An easement statement is usually shown depicting all property outside of the town
home, block and lots being a drainage and utility easement.
Summary and/or Recbmmendation
The preliminary plat meets the city's engineering guidelines with the resubmittal of the
preliminary plat with the above requested changes. Therefore, we recommend the city
approve the preliminary plat.
\\Ha01\Shared Docs\Municipal\AOTSEGO\2232\ot2232PPRVW#1.doc
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 952.595.9636 Facsimile: 952.595.9837 nac@winternet.com
PLANNING REPORT
TO: Otsego Mayor and City Council
FROM: Daniel Licht
DATE: 14 March 2000
RE: Otsego - Prairie Creek 4a' Addition; Final Plat
FILE NO.: 476:02 - 01.08
BACKGROUND
Pulte. Homes of Minnesota, Inc. has submitted a final plat application for the second phase
of townhomes to be developed as part of the Prairie Creek preliminary plat. The proposed
Prairie Creek 4t' Addition final plat consists of 27 unit lots within 9 blocks consistent with
the three unit design of the dwelling units. The common -areas for this phase are -platted
as outlots. The subject site is zoned R-5 District and is governed by a PUD -CUP approved
concurrently with the preliminary plat.
Exhibits:
A. Site Location
B. Preliminary Plat
C. Final Plat
ANALYSIS
Preliminary- Plat.Cnns stencv The.generaldesignof the proposM foal plaLL%consistent
with that of the approved preliminary plat in terms of number of lots/units and street design
for this second phase— The -final .plat pravi C tA�a at Mots (A and %for the_wrmnon open
space within this phase. As such, the modifications are consistent with the preliminary plat
approval.
Building Height The separation of structures within a PUD townhouse development is
required to be one-half of the sum of the heights of adjacent buildings. As noted during
the preliminary plat review* the applicant must submitted_ scaled elevations for the
proposed units such that compliance with the setback requirements may be verified.
I andscapin+g Plan- As-part-oftheflexibility-for lot location_along-C.SAR42-andQuaday
Avenue, the applicant provided a landscaping plan providing a buffer between the units
and-streets_Thelan sca ing-plan has-been annr_��v_e _ The_landscaping-vdll-need-to be
installed along that segment of this final plat with frontage on CSAH 42.
Sanitary Sewer Capacity- To- date, the City has final platted allocated 628 RECs_ of the
potential 1210 RECs available for residential development. The proposed 27 units within
this final plat will bring the total to 655 RECs for residential development with the planned
expansion of the waste water treatment plant to 400,000 gpd. As such, there is adequate
sanitary sewer capacity to support the proposed final plat.
Construction Plans. The applicant is required to provide grading, drainage, utility and
street construction plans for the project. These plans must be consistent with the
Engineering Manual and are subject to review and approval of the City Engineer.
Owners Association. The applicant must provide the appropriate documentation including
this phase of the development within an owners association, which is subject to review and
approval of the City Attorney.
Park and Trail Dedication. No park land or trail corridors are proposed to be dedicated
as part of the Prairie Creek 4t' Addition. Therefore, the applicant is required to pay $1,075
per unit as a cash fee in lieu of land to satisfy park and trail dedication requirements.
Based upon 27 units, the fee in lieu of land for this second phase is $29,025.
Development Contract. The City requires that applicants enter into a development
agreement and post all required securities and fees upon approval of a final plat. The
development contract is subject to review and approval of the City Attorney.
CONCLUSION
The proposed final plat of Prairie Creek 4"' Addition is found to be consistent with the
approval of the preliminary plat and stipulations thereof. As such, we recommend
approval of the final plat subject to the following conditions:
The setback between buildings shall be one-half the sum of the respective building
heights, subject to verification of City Staff.
-2-
I Landscaping is installed along the frontage of CSAH 42 consistent with the
approved landscape plan.
3. All grading, drainage, utility, street or other construction plans are subject to review
and approval of the City Engineer.
4. The applicant provide homeowner association documents, subject to review and
approval of the City Attorney.
5. The applicant pay $29,025 in park dedication fees in lieu of land
6. The applicant enter into a development contracUvith the City and post all --required
securities and pay applicable fees, subject to review and approval of the City
Attorney.
7. Comments of other City Staff.
PC. Mike_ Robertson
Judy Hudson
Andy MacArthur
Larry Koshak
Ron Wagner
Pulte Homes of Minnesota Corp.
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Review No. 1
ENGINEERING REVIEW
Hakanson Construction Plans
Anderson
Assoc., Inc. Residential Subdivision
for the City of Otsego
by
Hakanson Anderson Associates, Inc.
Submitted to: Mike Robertson, Administrator
cc: Judy Hudson, City Clerk,
Dan Licht, City Planner
Andy MacArthur, City Attorney
Pulte Homes, Developer
Jeffrey D. Lindgren, RLS, Hedlund Engineering
Reviewed by: Lawrence G. Koshak, PE
Ronald J. Wagner, PE
Date: March 21, 2001
Proposed
Development: Prairie Creek Townhomes 2nd Addition
Street Location
of Property: A portion of NE '/4 NE '/a Section 27, T121, R23 and a
portion of SE '/4 SE % Section 22, T121, R23
"Outlot A"
7 ± Acres, South of CSAH 42 and West of Quaday Avenue
Applicant: Pulte Homes of Minnesota, Inc.
1355 Mendota Heights Road, Suite 300
Mendota Heights, MN 55120-1112
Developer: Pulte Homes
Owners of Record: Edmund N. and Mariette Lefebvre
7891 River Road N.E.
Otsego, MN 55330
Purpose: Prairie Creek Townhomes 2nd Addition is proposed with 27
club homes on 7.05 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:
(but not limited to): City of Otsego, Wright County
Permits Required
(but not limited to):NPDES
\\Ha01\Shared Docs\Municipal\AOTSEGO\2212\ot2233RVW1.doc
INFORMATION AVAILABLE
Preliminary Plat of Prairie Creek 2n6 Addition, 1/21/00, by Hedlund Planning, Engineering,
Surveying, Land Surveyor
Preliminary Grading Plan of Prairie Creek 2nd Addition, 1/21/00, by Hedlund Planning,
Engineering, Surveying, Land Surveyor
Preliminary Utility Plan of Prairie Creek 2nd Addition, 1/21/00, by Hedlund Planning,
Engineering, Surveying, Land Surveyor
Preliminary Site Plan of Prairie Creek 2nd Addition, 1/21/00, by Hedlund Planning,
Engineering, Surveying, Land Surveyor
Landscape Plan for Prairie Creek 2nd Addition, 1/21/00, by Hedlund Planning, Engineering,
Surveying, Land Surveyor
City of Otsego Engineering Manual, 2/27/01 Revision
Minnesota Rules, Chapter 4410 — EAW Requirement
Trunk Stormwater Facilities Study for Portions of Lefebvre Watershed, March 1999
City of Otsego Zoning and Subdivision Ordinances, February 1991
City of Otsego Comprehensive Plan 1998
National Wetland Inventory Map, 1991
REVIEW AND COMMENTS
COVER (SHEET 1)
1. Phase lines appear to be incorrectly labeled.
GRADING PLAN (SHEET 2)
1. Title block should read "Prairie Creek Townhomes 2"d Addition Final Grading Plan".
2. Overtyping on silt fence typical.
3. Remove written scale on all sheets. (written scales pose reduction problems)
4. Per the Otsego Engineering Manual, wood fiber blanket is required at all storm sewer
inlets. Please note.
5. Clarify description in legend "Top of 8' wall on daylights and walkouts (typ.)".
\\Ha01\Shared Docs\MunicipalWOTSEGO\2212\ot2233RVW1.doc
STREET PLAN (SHEET 3)
1. Salvaged standard barricades should be installed on Prairie Creek Lane and end of
project.
2. Note that bituminous must be in accordance with MnDot 2350 specification. Class -5
must be 100% crushed.
3. Label radius of cul-de-sac to right-of-way.
4. It appears that a reverse curve is not needed on Prairie Creek Lane. Please adjust
the alignment so that the CL intersects Pinnacle Avenue CL at a right angle.
SANITARY SEWER & WATERMAIN PLAN (SHEET 4)
1. Note that watermain must be wet -tapped into existing 16" watermain.
2. Call out bends on Prairie Creek Lane.
3. Must provide 0.10' or 0.08 diameter points fall through all manholes.
4. Minimum slope on sanitary sewer service pipe is 1/4" per ft.
5. Please specify the length of 6" DIP required to place the hydrant 5' behind the curb.
6. Note that all fire hydrants must be plugged.
7. A temporary hydrant is needed on Prairie Creek Lane.
STORM SEWER PLAN (SHEET 5)
1. Outlet of pond must have a skimmer structure (FES 2).
2. Minimum storm sewer size is 15".
3. Must provide 0.10' or 0.08 diameter points fall across all manholes.
DETAILS (SHEET 6)
1. A detail for the skimmer structure is needed. (Standard Plates 402, 403, 407)
2. A detail for wood fiber blanket is needed. (Standard Plate 502)
3. Chimney seals are now required on all sanitary sewer manholes. (Standard Plates
308, 309, 310)
\\Ha01\Shared Docs\Municipal\AOTSEGO\2212\ot2233RVW1.doc
SUMMARY AND/OR RECCOMENDATIONS
Data on ponding/storm sewer and inlet spread calcs are still needed.
Resubmit for review.
\\Ha01\Shared Docs\Municipal\AOTSEGO\2212\ot2233RVW1.doc
Michael C. Couri-
Andrew J. MacArthur
Robert T. Ruppe•-
'A I" licem d in nfinds
—Alw licaued in Ca*mia
March 22, 2001
Otsego City Council
Attn: Mike Robertson
8899 Nashua Avenue NE
Elk River, MN 55330
COURI & MACARTHUR
Attorneys at Law
705 Central Avenue East
PO Box .369
St. Michael, MN 55376-0.369
(763) 497-1930
(763) 497-2599 (FAX)
couriandinacarthur@pobox. com
Re: City of Otsego; Stonebridge Lease Agreement
Dear Council Members:
Enclosed please find a proposed "Antenna Site Use Agreement" between the City
of Otsego and Stonebridge Wireless, Inc. for the placement of up to 13 antennas on the
City's water tower. The term of this lease agreement as negotiated by Stephen Gowdy,
Stonebridge's President, and Mike Robertson is for 2 years. At the conclusion of which
the City and Stonebridge may renegotiate the contract. The basic rental terms are as
follows:
A. The site use fee through the term of the Agreement shall be $50 per month
per each antenna attached to the Tower during the first year of the
Agreement and shall be $100 per month per each antenna attached to the
Tower during the second year of the Agreement.
B. Stonebridge will initially install 4 antennas and shall have the right to
install a maximum of 13 antennas to the Tower. Stonebridge prior to the
installation of additional antennas shall provide the City with a detailed
technical plan of the new site(s), which must be approved by the City prior
to installation.
C. Stonebridge shall have the right to store equipment necessary to the
operation of the antennas in the Tower's equipment shelter. Such storage
space shall not exceed 16 square feet.
D. The City shall allow Stonebridge to connect to its existing electrical
service. The City shall be responsible for the payment of all electrical
Otsego City Council
Attn: Mike Robertson
March 22, 2001
Page 2
utility bills except for any costs relating to the adaptation of the Tower's
existing electrical service for Stonebridge's needs.
E. The City and Stonebridge may also negotiate charges for other services and
installations, not set forth in the agreement, by an addendum to the
Agreement.
F. The City and Stonebridge may, agree to the installation of additional
equipment at separate rates, which when agreed to and set forth in writing
by the parties shall become an additional payment amount made by
Stonebridge to the City.
G. Site Use Fees due to the City shall be paid by Stonebridge in advance in
four quarterly installments beginning upon execution of this Agreement by
both parties hereto and thereafter on the First (1s`) 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 provided by the City to Stonebridge.
This Agreement was reviewed and approved by Mr. Gowdy, on March 22, 2001.
I have also prepared a generic lease agreement which could be used in the future
should the City be approached by other businesses interesting in renting space on the
City's water tower. I have enclosed only the section dealing with the initial and renewal
terms as the generic lease mirrors the Stonebridge lease in all other material respects.
Your courtesy and cooperation in this matter is appreciated. Should you have any
questions please do not hesitate to contact me via our toll-free number (888) 316-1176.
Sincerely,
Robert T. Ruppe
Couri & MacArthur
Enclosures
PARAGRAPH 4 OF THE GENERIC LEASE AGREEMENT
4. INITIAL AND RENEWAL TERM
A. The site use fee through 2001 shall be
B. Commencing '2002 the Site Use Fee for each
subsequent calendar year throughout the term of this Agreement,
including any extensions, shall be increased by 15%.
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 the parties shall
become an additional payment amount made by
COMMUNICATIONS COMPANY to the CITY.
E. Site Use Fees due to CITY 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. l; April l; 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 provided 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
8899 Nashua Avenue NE
Elk River, MN 55330
ANTENNA SITE USE AGREEMENT
THIS AGREEMENT, is made by and between the CITY OF OTSEGO, State of
Minnesota, hereinafter referred to as the "CITY", and STONEBRIDGE WIRELESS, INC., a
Minnesota Corporation, hereinafter referred to as "STONEBRIDGE";
WHEREAS, 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, STONEBRIDGE desires to construct a commercial wireless
communications system and believes that the placement of communications equipment on said
Tower at said Site will contribute importantly to said system, and STONEBRIDGE has
requested permission to do so from the CITY;
NOW THEREFORE, in consideration of the mutual undertakings and agreement
hereinafter set forth, the CITY and STONEBRIDGE agree as follows:
1. AUTHORIZATION TO USE WATER TOWER SPACE
The primary purpose of the City's ownership of the Property is to: (a) operate and
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 STONEBRIDGE 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 STONEBRIDGE equipment on the Tower and Site is as set forth on the
attached Exhibit B, which is incorporated herein by this reference.
2. TERM
This Agreement shall be for an initial term of two (2) years beginning on the date
executed by the CITY. After the initial term, the CITY and COMMUNICATION'S
COMPANY may negotiate for an extension of this Agreement.
3. CONSTRUCTION
STONEBRIDGE shall be responsible for any and all costs and expenses related to the
design, purchase, delivery, construction and installation of any and all equipment
necessary for STONEBRIDGE's use of the CITY Site and Tower including installation
of telephone service and adaptation of the Tower's existing electrical service for
STONEBRIDGE's use under the terms of this agreement. STONEBRIDGE's
installation shall be constructed in conformance with design specifications approved by
the CITY pursuant to Exhibit B attached hereto. CITY shall cooperate with
STONEBRIDGE and execute all documents required to permit STONEBRIDGE's
intended use of the Site in compliance with zoning, land use, and building regulations.
4. RENTAL FEES
A. The site use fee through the term of the Agreement shall be $50 per month per
each antenna attached to the Tower during the first year of the Agreement and
shall be $100 per month per each antenna attached to the Tower during the
second year of the Agreement.
B. STONEBRIDGE will initially install 4 antennas and shall have the right to install
a maximum of 13 antennas to the Tower. STONEBRIDGE prior to the
installation of additional antennas shall, in accordance with Paragraph 8(A) of
this Agreement, provide the CITY with a detailed technical plan of the new
site(s), which must be approved by the CITY pursuant to Paragraph 8A. Such
approval shall not be unreasonably withheld or delayed. Said technical plan shall
be attached hereto and incorporated herein as an addition to Exhibit B.
C. STONEBRIDGE shall have the right to store equipment necessary to the
operation of the antennas in the Tower's equipment shelter. Such storage space
shall not exceed 16 square feet.
D. The CITY shall allow STONEBRIDGE to connect to its existing electrical
service. The CITY shall be responsible for the payment of all electrical utility
bills except as provided in Section 3 above.
E. The CITY and STONEBRIDGE may also negotiate charges for other services
and installations, not set forth in Exhibit B, by an addendum to this Agreement.
F. As provided in paragraph E above, the CITY and STONEBRIDGE may, agree to
the installation of additional equipment at separate rates, which when agreed to
and set forth in writing by the parties shall become an additional payment amount
made by STONEBRIDGE to the CITY.
G. Site Use Fees due to CITY shall be paid by STONEBRIDGE in advance in four
quarterly installments beginning upon execution of this Agreement by both
2
parties hereto and thereafter on the First (I") business day of each calendar
quarter, i.e., Jan. 1; April l; 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 provided by CITY to
STONEBRIDGE. Payments made by check to the CITY shall be mailed to the
CITY as follows:
City of Otsego
Attention: City Administrator
8899 Nashua Avenue NE
Elk River, MN 55330
5. GOVERNMENTAL APPROVAL CONTINGENCY
STONEBRIDGE's right to the use of the Site is expressly made contingent upon
STONEBRIDGE 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
STONEBRIDGE equipment, antennas, utilities, etc. CITY agrees to cooperate with
STONEBRIDGE 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 or is subsequently cancelled, expires, lapses or is otherwise withdrawn or
terminated by any governmental authority, not due to any act or omission by
STONEBRIDGE so that STONEBRIDGE is unable to use the Site for its intended
purpose, then STONEBRIDGE shall contact the City and request termination of this
agreement, which may be terminated at the sole discretion of the CITY.
6. USE
A. STONEBRIDGE 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.
B. Subject to the provisions of Exhibit C (Site Access Procedures) attached hereto,
CITY shall provide STONEBRIDGE 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 STONEBRIDGE's access to the Tower, in responding
to any such emergencies and performing such maintenance and repairs. The City
will be entitled to reimbursement from STONEBRIDGE if the City incurs any
costs associated with providing STONEBRIDGE access to Water Tower,
Property or Equipment Shelter except in those cases where cost is incidental to
3
City obtaining access for its own purposes unrelated to STONEBRIDGE's use of
antennae, Tower and Equipment Shelter. Notwithstanding the foregoing,
"access" does not require or impose upon the City an affirmative duty to
snowplow in order to provide "access" to the Property or to the Tower. The City
shall not be responsible in damages or otherwise for interruption in
STONEBRIDGE services where the interruption is due to an emergency or
performance of maintenance and repairs on the Tower.
C. STONEBRIDGE, 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
STONEBRIDGE deems necessary to determine the Site's suitability for
STONEBRIDGE's intended use. These studies may include surveys, soil tests,
environmental evaluations, radio wave propagation measurements, field strength
tests and such other analyses and studies as STONEBRIDGE deems necessary or
desirable. Notwithstanding the foregoing, STONEBRIDGE shall not enter onto
the Site or Tower to perform any necessary studies or tests referenced above until
such time as STONEBRIDGE 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 Agreement and Certificate
of Insurance in compliance with Paragraph 15 of this Agreement
D. STONEBRIDGE 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. STONEBRIDGE may temporarily store equipment, materials or supplies on said
Site in order to accomplish any or all of the foregoing purposes.
F. STONEBRIDGE may install utilities including, but not limited to, telephone
service, for the benefit of STONEBRIDGE, at STONEBRIDGE's sole cost and
expense, and make improvements to the present utilities on the Site.
STONEBRIDGE may request utility easements for the installation of such
facilities. Such requests shall be made by STONEBRIDGE in writing to the
CITY, which approval shall not be unreasonably withheld. STONEBRIDGE
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. STONEBRIDGE shall be responsible to pay all installation and recurring
charges for utilities installed or improved for the benefit of STONEBRIDGE
except for recurring monthly electrical charges as provided in paragraph 4(D) of
this agreement.
G. STONEBRIDGE 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 STONEBRIDGE shall terminate upon termination of this
Antennae Site Use Agreement and STONEBRIDGE 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.
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
Tower by STONEBRIDGE.
The antennae and the related equipment shall remain the property of
STONEBRIDGE, subject to the terms of Paragraphs 7 and 8.
7. INSTALLATION OF EQUIPMENT AT ADDITIONAL SITES
Additional sites may be added to this Agreement by written addendum mutually agreed to
by CITY and STONEBRIDGE.
STONEBRIDGE shall, in accordance with Paragraph 8(A) of this Agreement, provide the
CITY with a detailed technical plan of the new site(s), which must be approved pursuant to
Paragraph 8A 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 10 of this Agreement, provide
STONEBRIDGE with detailed site access procedures for the new site. 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.
8. STONEBRIDGE CONDITIONS
This use is granted subject to the following conditions:
A. STONEBRIDGE 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. STONEBRIDGE 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. 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- shall 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 any Tower bolts be
removed or replaced without the approval of the City.
D. All items of STONEBRIDGE equipment as listed on Exhibit B shall be
provided and paid for by STONEBRIDGE. STONEBRIDGE shall be solely
responsible for the installation, maintenance and repair of STONEBRIDGE
equipment during the term of this Agreement and any extensions.
E. STONEBRIDGE shall maintain the antennae and equipment in good condition
at all times, at its sole cost and expense. STONEBRIDGE shall conduct all
repair, replacement and maintenance operations in accordance with applicable
OSHA regulations or such other occupational and safety regulations pertaining
to such operations. Every five (5) years from the commencement date of this
Agreement, STONEBRIDGE 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 STONEBRIDGE 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 City may take such steps as it
determines to be necessary to protect persons or property; including removal of
the antennae and related equipment. STONEBRIDGE 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 STONEBRIDGE 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 STONEBRIDGE 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 regulations
established by Federal Communications Commission (FCC).
G. STONEBRIDGE shall separately meter and pay all utility services that are
associated with the use of the Property and the Tower except as provided in
paragraph 4(D). The City agrees to cooperate with STONEBRIDGE in its
efforts to connect the antennae and related equipment to existing utility service
at STONEBRIDGE's expense. The City makes no representation or warranty
31
regarding the availability of electric or other utility service to the Tower.
STONEBRIDGE shall have the right to install utilities, at STONEBRIDGE's
expense, and to improve the present utilities on the Property. The City shall not
be liable, and STONEBRIDGE 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. STONEBRIDGE shall cooperate with CITY and execute all documents
required pursuant to this Agreement or to permit STONEBRIDGE's intended
use of the Site in compliance with zoning, land use, and building regulations.
I. STONEBRIDGE shall not resell, sublease, broker or otherwise permit use of
space or capacity on the Site or Tower by others except as provided for in
Paragraph 23 of this Agreement.
J. No advertising of any kind shall be permitted on the Tower or Site.
9. 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.
STONEBRIDGE shall not use, nor shall STONEBRIDGE permit its employees or
contractors to use the Tower or Site in any 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 at, or
adjacent to, the Site to be in excess of the limits specified in 47 C.F.R. § 1.1310, as
amended.
STONEBRIDGE 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 following:
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.
7
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 secondary responsibility to rectify such excessive
radio-frequency radiation exposure levels 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 defined as providing essentially all necessary 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 user- with primary responsibility shall make all necessary and
reasonable changes, at their sole expense, to their system; i.e. antenna location,
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 shall 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 user 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.
STONEBRIDGE 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.
10. ACCESS
STONEBRIDGE 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.
11. RELOCATION OF STONEBRIDGE EQUIPMENT
The CITY reserves the right to require relocation of STONEBRIDGE equipment
elsewhere upon the Tower or the Site based on a reasonable determination by the CITY
that space or capacity occupied by STONEBRIDGE on the Tower and/or Site is needed
for governmental uses. Upon written notice by the CITY, STONEBRIDGE shall
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relocate said equipment to another location on the Tower and/or Site acceptable to the
CITY within ninety (90) days, and STONEBRIDGE shall bear the sole expense of said
relocation. Refusal or inability of STONEBRIDGE to relocate its equipment to a
suitable location shall constitute default and shall be grounds for cancellation of this
Agreement pursuant to Paragraph 26 of this Agreement.
12. TOWER MAINTENANCE
The CITY agrees to maintain the Tower in accordance with all local, state and federal
rules and regulations.
13. DAMAGE TO SITE
If the Site or Tower are damaged or destroyed by acts of nature, fire or other casualty
and STONEBRIDGE equipment becomes inoperable as a result thereof, or access to the
Site for purposes of required 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 STONEBRIDGE and pay
STONEBRIDGE 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
STONEBRIDGE. STONEBRIDGE's rent payments shall be abated until the Site or
Tower is sufficiently repaired, restored, or rehabilitated for STONEBRIDGE 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, STONEBRIDGE shall
also have the right to terminate this 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 STONEBRIDGE for damage or destruction of
STONEBRIDGE 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.
14. INDEPENDENT CONTRACTOR
STONEBRIDGE 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
STONEBRIDGE as the agent, representative, or employee of the CITY for any purpose
or in any manner whatsoever. STONEBRIDGE is to be and shall remain an independent
contractor with respect to all services performed under this Agreement.
W
15.
Iff
STONEBRIDGE 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
STONEBRIDGE or other persons while engaged in the performance of any work or
services required by STONEBRIDGE under this Agreement shall have no contractual
relationship with the CITY, and shall not be considered employees of the CITY. 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 STONEBRIDGE, 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, STONEBRIDGE 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.
INDEMNIFICATION AND INSURANCE
A. STONEBRIDGE 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 act or omission of STONEBRIDGE, 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 STONEBRIDGE to perform fully, in any
respect, all obligations under this contract.
B. STONEBRIDGE 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
$1,000,000
Products -Completed
Operations Aggregate
$1,000,000
Personal and Advertising Injury
$1,000,000
Each OcculTence -
Combined Bodily Injury
and Property Damage
$1,000,000
(2) Automobile Liability — Combined single limit each
occurrence for bodily injury and property damage covering
owned, non -owned and hired automobiles - $1,000,OQO
(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 Minnesota
laws.
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 STONEBRIDGE to determine the need for and to
procure additional coverage that may be needed in connection with this
Agreement.
STONEBRIDGE shall not commence work on the Site, 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 coverage'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. STONEBRIDGE also agrees that any contract let by STONEBRIDGE 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
harmless the CITY, its elected officials, officers, agents and employees from any
Limits
(b) Employer's Liability
Bodily injury by:
Accident - Each Accident
$100,000
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 STONEBRIDGE to determine the need for and to
procure additional coverage that may be needed in connection with this
Agreement.
STONEBRIDGE shall not commence work on the Site, 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 coverage'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. STONEBRIDGE also agrees that any contract let by STONEBRIDGE 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
harmless the CITY, its elected officials, officers, agents and employees from any
16.
12
liability, claims, causes of action, losses, demands, damages, judgements, costs,
interest, expenses (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:
Limits
(a) Bodily Injury by Accident: $100,000 each accident
(b) Bodily Injury by Disease: $500,000 policy limit/
$100,000 each employee
Note: all states 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 $1,000,000
General Aggregate Limit $1,000,000
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 Employers 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 STONEBRIDGE's Contractor(s) to purchase additional
insurance that may be necessary for the project.
TAXES
STONEBRIDGE will pay all personal and real estate property taxes assessed against
STONEBRIDGE's antennae and related equipment 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 STONEBRIDGE to pay such property taxes.
17. NO WARRANTIES 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 STONEBRIDGE intended use. Further the CITY makes no
warranty as to the condition or safety of the Site for STONEBRIDGE employees, agents
or independent contractors, other than the warranties contained in Paragraph 27,
Hazardous Substances, of this Agreement. Any such determination and liability
resulting thereof shall be the sole responsibility of STONEBRIDGE.
18. GOVERNMENT APPROVALS
It shall be the sole responsibility of STONEBRIDGE to apply for and obtain all
governmental approvals necessary for STONEBRIDGE intended use. The CITY agrees
to cooperate with STONEBRIDGE in obtaining, at STONEBRIDGE expense, all
licenses, permits and/or governmental approvals necessary for STONEBRIDGE use of
the Site.
19. NON-DISCRIMINATION - 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 race, 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.
20. NOTICES
Any notices provided for or permitted in this Agreement shall be made by certified
United States mail, postage prepaid, 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
(763) 441-4414
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If to STONEBRIDGE to:
Stephen C. Gowdy
Stonebridge Wireless, Inc.
2204 East 115`h Street
Burnsville, MN 55337
(952) 808-8510
21. DATA PRIVACY
STONEBRIDGE 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 regulations.
22. RECORDS - AVAILABILITY
As required by Minn. Stats. § 16C.05 Subd. 5, STONEBRIDGE 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 STONEBRIDGE to the CITY, upon reasonable
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 shall remain non-public data and shall not be disclosed to
any third party without the express written authorization of STONEBRIDGE or by court
order. This audit provision shall be effective during the term of this Agreement and for
six years thereafter.
23. NON -ASSIGNMENT
STONEBRIDGE 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 STONEBRIDGE without the prior
written consent of the other party. Such consent shall not be unreasonably withheld.
Any assignment or delegation in violation of this section shall be void. Notwithstanding
the foregoing, STONEBRIDGE reserves the right to assign this contract or any rights or
duties under this contract to any affiliated company or subsidiary of STONEBRIDGE or
to a company which results due to the merger of STONEBRIDGE with another
company. In the event that STONEBRIDGE elects to assign this contract, or any rights
or duties under this contract, to any affiliated company or subsidiary of
STONEBRIDGE, it shall give the CITY ninety (90) days' written notice preceding said
assignment.
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Upon notification to CITY of any assignment, and receipt of CITY's prior consent
where appropriate, STONEBRIDGE shall be relieved of all performance, liabilities and
obligations under this Agreement. No subcontract, however, shall relieve
STONEBRIDGE of its liabilities and obligations under this Agreement. Further,
STONEBRIDGE 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
STONEBRIDGE and each subcontractor shall require that the subcontractor's services
and obligations are performed in accordance with the terms and conditions herein
specified. Consent to assign shall be accomplished by execution of a form prepared by
the CITY and signed by STONEBRIDGE, the assignee and the CITY.
Nothing in the contract document shall create any contractual relationship between the
CITY and STONEBRIDGE's employees, subcontractors and their agents and
employees or any other parties furnishing commodities and /or services to
STONEBRIDGE and its agents and
employees.
The CITY may freely assign its rights and delegate its duties under this Agreement to a
joint powers organization or to any such organization to which the CITY may become a
member during the term of this Agreement.
24. LIENS
STONEBRIDGE 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 STONEBRIDGE shall indemnify and hold
harmless the CITY and the Site forever free and clear from all liens for labor and
material furnished by STONEBRIDGE or a contractor of STONEBRIDGE 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.
25. 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. STONEBRIDGE's or the CITY's failure to insist upon strict performance of any
15
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.
26. DEFAULT AND CANCELLATION
A. If STONEBRIDGE 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,
STONEBRIDGE 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 STONEBRIDGE provides the
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 STONEBRIDGE. The CITY shall, based on the STONEBRIDGE written
response, grant a reasonable extension of time to complete cure of said default.
Said extension shall not exceed ninety (90) days from the initial CITY notice of
fault. Failure to cure said default may result in immediate termination of this
Agreement by the CITY.
B. The CITY may, based on a reasonable determination by the CITY that Tower
and/or Site capacity utilized by STONEBRIDGE is needed for governmental
uses, and if STONEBRIDGE cannot relocate its equipment to an alternate
location approved by the CITY pursuant to Paragraph 10 of this Agreement,
cancel this Agreement upon serving STONEBRIDGE with six (6) months written
notice of cancellation. In the event of such cancellation, STONEBRIDGE shall
remove all property and equipment, including the antennae and all personal
property and trade fixtures installed or owned by STONEBRIDGE from the
Tower and Site, and STONEBRIDGE 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 STONEBRIDGE equipment from the
Site, STONEBRIDGE shall be refunded pro rata any pre -paid Site Use Fees.
The CITY shall not be liable for any costs incurred by STONEBRIDGE to
remove its equipment or to relocate to another site.
B. This Agreement may be canceled with or without cause by either party upon
serving the other party with six (6) months written notice of intent to cancel.
Prior to the effective date of cancellation, unless otherwise agreed to in writing
by the CITY, STONEBRIDGE shall remove all property and equipment,
including the antennae and all personal property and trade fixtures installed or
owned by STONEBRIDGE from the Tower and Site, and STONEBRIDGE 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
16
all STONEBRIDGE equipment fi-om the Site, STONEBRIDGE shall be refunded
pro rata any pre -paid Site Use Fees fi-om the effective date of cancellation.
C. In the event STONEBRIDGE 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 Agreement,
then the City shall have the right to remove the antennae or related equipment at
STONEBRIDGE's sole cost and expense. If STONEBRIDGE fails to reclaim
the antennae or equipment with thirty (30) 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
STONEBRIDGE until STONEBRIDGE 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.
27. HAZARDOUS SUBSTANCES
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 defined in any applicable federal, state or local
environmental or safety law or regulation, including, but not limited to, CERCLA.
CITY shall hold STONEBRIDGE harmless from and indemnify STONEBRIDGE
against any damage, loss, expense, response costs, or liability, including consultant fees
and attorneys' fees resulting from the presence of 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
STONEBRIDGE or its employees, agents or contractors.
STONEBRIDGE represents and warrants that its use of the Tower and Property will not
generate and STONEBRIDGE will not store or dispose of on the Property, nor transport
to or over the Water Tower or Property, any Hazardous Materials, unless
STONEBRIDGE specifically informs the City thereof in writing twenty-four hours prior
to such storage, disposal or transport, or otherwise as soon as STONEBRIDGE 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.
STONEBRIDGE will be solely responsible for and shall defend, indemnify, and hold
harmless the CITY, its elected officials, officers, agents and employees from any
liability, claims, causes of action, judgments, damages, losses, costs, or expenses,
including, but not limited to, costs, disbursements, consultant fees and attorney fees,
resulting from STONEBRIDGE'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 Paragraph
26 of this Agreement shall survive the expiration or other termination of this Agreement,
17
consistent with applicable_ statute of limitations. For purposes of this Agreement
"Hazardous 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.
28. NON-EXCLUSIVE USE
Upon paying the rent as required herein, STONEBRIDGE shall have the right to the
non-exclusive use of the Water Tower and Property as permitted in this Agreement.
The City shall not be responsible for any interference which impairs the quality of the
communication services being rendered by STONEBRIDGE from the antennae.
29. INTERFERENCE CAUSED BY ANTENNAE
STONEBRIDGE's equipment shall be installed and operated in a manner which does
not cause interference or otherwise impair the quality of the 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
STONEBRIDGE.
30. INTERFERENCE WITH ANTENNAE OPERATIONS
A. Temporary Interruptions of Service. If the City determines 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 STONEBRIDGE to discontinue its operation.
STONEBRIDGE shall immediately comply with such an order. Service shall be
discontinued only for the period that the immediate threat exists. If the City does
not give prior notice to STONEBRIDGE, the City shall notify STONEBRIDGE
as soon as possible after- its action and give its reason for taking the action. The
City shall not be liable to STONEBRIDGE or any other party for any
interruption in STONEBRIDGE's service or interference with STONEBRIDGE'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, STONEBRIDGE's sole remedy shall
be the right to terminate this Agreement within its sole discretion.
B. With Structure. STONEBRIDGE shall not interfere with City's use of the Tower
or Property and agrees to cease all such actions which unreasonably and
IV
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
STONEBRIDGE's cessation of action is material to STONEBRIDGE's use of
the Tower and Property and such cessation frustrates STONEBRIDGE's,use of
the Tower and Property, within STONEBRIDGE's sole discretion,
STONEBRIDGE shall have the immediate right to terminate this Agreement.
C. With Higher Priority Users. If STONEBRIDGE's equipment causes
impermissible interference with the parties identified in paragraph 29 above or
with preexisting tenants, STONEBRIDGE shall take all measures necessary to
correct and eliminate the interference. If the interference cannot be eliminated
within 48 hours after receiving City's written notice of the interference,
STONEBRIDGE 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 STONEBRIDGE 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, STONEBRIDGE 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 STONEBRIDGE. 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 party who is of equal or
lower priority to STONEBRIDGE, if such party's use is reasonably anticipated
to interfere with STONEBRIDGE's operation of its antennae or equipment.
31. FUTURE DEVELOPMENT
STONEBRIDGE 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 STONEBRIDGE agree to cooperate with one another as necessary to facilitate
both parties use of the Property.
32. 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 eminent domain, either party shall have the
19
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, STONEBRIDGE shall not be entitled to any portion of the award paid
for the taking and the City shall receive full amount of such award. STONEBRIDGE
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, STONEBRIDGE 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 STONEBRIDGE on account of any and
all damage to STONEBRIDGE's business and any costs or expenses incurred by City in
moving/removing its antennae, equipment or personal property. Sale of all or part of
Tower or Property to a purchases- with power of eminent domain in the face of the
exercise of the power, shall be treated as a taking by condemnation.
33. 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 and jurisdiction for
any litigation hereunder will be those courts located within Wright County, State of
Minnesota. Litigation, however, in the federal courts involving the herein parties will be
m 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
referred 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.
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CITY APPROVAL
tonebridge Wireless, Inc., having signed this Antenna Site Use Agreement, and the City of Otsego
having duly approved this contract on the day of , 20 , 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 execution
City Attorney
Date:
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CITY OF OTSEGO
STATE OF MINNESOTA
By:
Mayor
By:
City Clerk
STONEBRIDGE WIRELESS, INC. APPROVAL
By: Stephen C. Gowdy
Its: President
Date:
CORPORATE ACKNOWLEDGMENT
STATE OF
ss.
CITY OF
On this Day of -'200, before me appeared Stephen C. Gowdy, to me
personally known, who did say that he is the President, Stonebridge Wireless, Inc. the corporation
described herein and who executed the foregoing instrument; and that said instrument was executed
on behalf of said corporation by authority of its Board of Directors or other Governing Body; and
said Stephen C. Gowdy acknowledged said instrument to be the free act and deed of said
corporation.
(seal)
22
Notary Public
State of Minnesota
My Commission
Expires
EXHIBIT A
The real property subject to the Antenna Site Use Agreement is legally described as follows:
[INSERT LEGAL DISCRIPTION]
All said property is located in the City of Otsego, County of Wright, State of Minnesota.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
23
EXHIBIT B
Site Diagram, Shelter, Equipment and Tower Details
To Be Developed
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
24
EXHIBIT C
Site Access Procedures
Initial installation of all STONEBRIDGE equipment at the Site including antenna, line,
equipment cabinet and utility connections shall be coordinate through the CITY by
contacting the City Administrator at (763) 441-4414 at least two (2) weeks in advance of
initial construction.
STONEBRIDGE shall also notify the CITY at least forty — eight (48) hours in advance of
work commencing and /or any large material deliveries that may hinder normal traffic,
parking or other activities adjacent to the Site by contacting the City Administrator at (763)
441-4414. Notice shall include the type of work to be conducted, the approximate time and
duration workers will be on site, the number of workers expected and the name and
telephone number of STONEBRIDGE contact person.
The CITY will provide STONEBRIDGE with access to a key to the Tower. The key to the
site will be maintained at the Otsego City Hall. Upon presentation of appropriate
identification and stating his purpose, a key to the Tower will be given to STONEBRIDGE,
its authorized representative or contractor.
Upon completion of any work at the Site, STONEBRIDGE or its authorized representative
or contractor shall secure the Site and return the key to the Otsego City Hall.
Site access or routine operation, maintenance and mandated inspections of the tower and
other related equipment located on the tower compound will not require prior written
notification to the CITY.
Any loose material, debris, wire, cable, tools, etc. shall be removed immediately or at the
end of each day by STONEBRIDGE, its representative or contractor.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
25
Michael C. Couri-
Andrew J. MacAithur
Robert T. Ruppe•-
•AW ticemed in 11knou
"AW ticmud in Gj4bmia
March 22, 2001
City Council Members
City of Otsego
c/o Mike Robertson, City
8899 Nashua Avenue NE
Elk River, MN 55330
COURT & MACARTHUR
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
couriandmacarthurUpobox. com
Administrator
RE: Proposed Moratorium On Residential Subdivisions Within The Established
Sanitary Sewer District
Dear Council Members:
Please find enclosed a proposed Interim Ordinance Establishing a Moratorium On
Residential Subdivisions Within the Sanitary Sewer District and a Resolution adopting
the Interim Ordinance and setting forth the rationale for the City action.
The proposed moratorium is set for a year, but can be removed by Council Resolution at
any time prior to the full year.
You will note that the proposed moratorium would exclude the residential portion of any
proposed mixed commercial/industrial and residential development. This means that any
proposal that included both elements, would either have to delay the residential portion of
the development until such time as the moratorium was lifted (and would have to then
abide by any changes in the Comprehensive Plan or ordinance made during the
moratorium), or would have to request an amendment to the Interim Ordinance, allowing
them to proceed as a designated exception.
Those plats or portions of plats which are already either preliminarily platted or are in
process as of the date of anticipated ordinance passage are specifically excluded.
If you have any comments, issues or proposed revisions that may affect the documents
presented on Monday evening please let me know prior to the meeting.
Letter to Otsego City Council
March 22, 2001
Page 2
I will be available to answer any questions you may have prior to or at the regularly
scheduled Monday meeting.
Q
kMACARTHUR
Encls.
cc: Dan Licht, City Planner
Ron Wagner, Hakanson Anderson
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.
RESOLUTION ADOPTING AN INTERIM ORDINANCE ESTABLISHING A
MORATORIUM ON RESIDENTIAL SUBDIVISIONS WITHIN THE SANITARY
SEWER SERVICE DISTRICT OF THE CITY OF OTSEGO AS SET FORTH IN
THE COMPREHENSIVE PLAN AND OFFICIAL MAP.
WHEREAS, the City of Otsego has constructed a wastewater treatment plant which
presently serves portions of Otsego and the City of Dayton; and
WHEREAS, the constructed capacity of the plant allows for a maximum flow of 200,000
gallons per day, with 40,000 gallons per day reserved for the City of Dayton by contract; and
WHEREAS, the City of Otsego has already ordered plans and specifications for expansion of
the wastewater treatment plant to a capacity of 400,000 gallons per day, which is its upper
allowable limit under the current permit; and
WHEREAS, the City of Otsego has undergone unprecedented residential development
within the designated sanitary sewer service district within the past two years resulting in
preliminary platting of approximately 1,342 residential units, as set forth in the attached
memo from the City Engineer dated March 7, 2001; and
WHEREAS, the City, through the adopted Comprehensive Plan has indicated that thirty
percent (30%) of available sanitary sewer capacity should be allocated for commercial -
industrial purposes; and
WHEREAS, the number of residential units preliminarily platted meets or exceeds the
capacity reserved for residential use within the sanitary sewer service district; and
WHEREAS, although the City only allocates sanitary sewer capacity upon final plat
approval and upon Developer meeting all conditions of such approval, it is prudent for the
City to halt further applications for residential development within the sanitary sewer district
1
until expansion of the wastewater treatment plant is ordered and appropriate changes, if
necessary, are made to the City's Comprehensive plan and official controls; and
WHEREAS, the City Council has also directed the City Planner to commence studies
regarding needed amendments to the City's Comprehensive Plan; and
WHEREAS, any further allocation of sanitary sewer is dependent upon expansion of the
plant and determinations regarding the allocation of future capacity; and
WHEREAS, the City needs a period of time to consider issues related to plant expansion and
possible changes to the City Comprehensive Plan and official controls; and
WHEREAS, the consideration of residential subdivisions within the sanitary sewer service
area during the time period needed to further study these issues may lead to situations where
both the City and Developers expend time and resources upon proposed subdivisions which
will ultimately be determined to be premature; and
WHEREAS, the timing and extent of plant expansion will fundamentally affect the
Comprehensive Plan and official controls: and
WHEREAS, the present Comprehensive Plan sets forth the following policies which indicate
that reevaluation of aspects of the Comprehensive Plan should be initiated at this time:
1. When new or expected development necessitates, impact studies and cost analysis
for public service improvements such as utility extensions or upgrading, fire and police
protection, waste water treatment plant expansion, roadway network
connections/improvements, recreation system elements, and schools shall be initiated.
(Policy Plan, p. 41)
2. A minimum of 30 percent of wastewater treatment plant capacity shall be reserved
for industrial (or commercial) development with a maximum of 60,000 gallons per day
capacity reserved for the forthcoming 20 year planning period (based on initial plant
capacity). (Policy Plan, p. 50)
3. Anticipated and to the extent possible, controlled demand for urban services shall be
regulated to facilitate possible future orderly, fiscally responsible extension of service
systems. (Policy Plan, p. 62)
4. The City shall periodically define the amount, type and rate of growth which must
be absorbed to accommodate sanitary sewer demands. ( Policy Plan, p. 63); and
WHEREAS, the City has received numerous applications for residential development within
K
the established sanitary sewer district within the last two years; and
WHEREAS, at this point in the decision making process City staff find it difficult ,'to give
proper guidance and information to Developers regarding said residential developments
because of the previous and contemplated allocation of sanitary sewer service ; and
WHEREAS, expansion of the wastewater treatment facility will mean the assumption of a
great financial burden by the City, and it is imperative that all available planning controls be
reviewed to assure that development is properly controlled, wastewater treatment capacity
properly allocated and correctly staged; and
WHEREAS, the City needs to continue to consider and process applications for Commercial
and Industrial development because of the crucial need to expand its tax base; and
WHEREAS, while the City has the authority to adopt a moratorium which would affect
those applicants already in process, it desires to allow those applicants already in process or
preliminarily platted to proceed with their applications or to final plat, while preventing
further applications which could potentially affect the City's service delivery capability; and
WHEREAS, the City Council has determined that the present situation requires a temporary
halt to the receipt of applications for and processing of residential subdivisions within the
sanitary sewer district, with those specific exceptions set forth in the Interim Ordinance; and
WHEREAS, said specific exceptions are allowed upon the understanding that the number of
residential units contemplated at time of final plant is substantially similar to the anticipated
residential units as set forth in Exhibits A and B to this Resolution.
THEREFORE, BE IT RESOLVED by the City Council of the City of Otsego that said
Council does hereby adopt by this Resolution the Interim Ordinance Establishing A
Moratorium On Residential Subdivisions Within Those Areas of the City Lying Within the
Sanitary Sewer Service District As Established In The City's Comprehensive Plan And
Official Map.
ADOPTED by the Otsego City Council this day of March, 2001.
IN FAVOR:
3
OPPOSED:
CITY OF OTSEGO
Larry Fournier, Mayor
Judy Hudson, City Clerk
EXHIBIT A
March 7, 2001
ITEM 7.1
Mike Robertson, Administrator
City of Otsego
8899 Nashua Avenue NE
Otsego, MN 55330
Re: Otsego Wastewater Treatment Capacity Issues
Dear Mike:
As requested, I have reviewed the entire existing sewer serviced properties and
all final platted lots, I have also reviewed all of the areas that are either
preliminary platted or in sketch plan phase.
This was completed to better understand where the city stands in regards to the
number of sanitary sewer services available.
Currently, the city has a wastewater treatment plant capable of handling 200,000
gpd, of this 200,000 gpd; Otsego has allocated 40,000 gpd of the capacity to the
City of Dayton. This leaves 160,000 gpd or 640 residential equivalent
connections (REC's). The City of Otsego has either final platted or connected
sewer service to a total of 644.6 REC's (see table 1).
Although the total REC's is slightly greater than the Wastewater Treatment
Plants capacity, this should not pose a problem because a majority of the fi44.6
REC's are not live. The City of Otsego Wastewater Treatment Plant has a
permit to discharge up to 400,000 gpd and the City has approved the go ahead
on constructing the expansion of the Wastewater Treatment Plant. This means,
in less than 2 years the city should have the capacity of 360,004 gpd or 1440
REC's.
The city has approved several preliminary plats and/or is planning to assess
property for sanitary sewer service. These properties total 726 REC's (see table
2). Combining this with the 644-6 RFC's from Table 1, gives a total of 1370.6
REC's. This is slightly less than the 1440 RFC's provided after the Wastewater
Treatment Plant expansion.
NtiHaol\Shared Cocs%MurdcpafWOTSEG01614t0�614mr5 dor
;'s revised 3-7-01 to rotted removal of Far, Senior Houatna
Mike Robertson
Page 2
March 7, 2001 ;
In addition, there are a few properties, which have sketch plans in and will be
requesting sanitary sewer service in the near future. These are Otsego's
Waterfront and Pheasant's Ridge 50 addition. These have been approximated
at 295 REC's (see table 3).
The city has expressed an interest in reserving 30% of the initial 200,000 gpd
plant (80,000 gpd) for commercialTndustrial use. This is equivalent to 240 REC's.
Currently the city has used 16.6 REC's for cornmerciatrindustrial or roughly 2.5%
of the reserve. An additional 123 REC's of commercialAndustrial have been
preliminary platted or property assessed for sewer service. Sketch plans of an
estimated 184 RFC's have also been received by the city. This would bring the
total RFC's of probable cornmercialrndustrial to 323.6 REC's. The East portion of
the Otsego Waterfront project may be many years away. Subtracting this from
the total commerciallindustrial REC's leave 227.6 REC's. This is very close to
the city's sewer capacity reserved for industrial/commercial. If the CRY would like
to reserve sewer service for proposed industrial/commercial, we suggest the
residential properties should not exceed a total of 1210 REC's.
In conclusion, we are quickly approaching the maximum number of final plats the
city can approve and additional preliminary plat applications should be informed
of the imminent ceiling on final plat approvals for serviced lots.
If you have any questions, please call me at 763-427-5860.
Sincerely,
Hakanson Anderson Associates, Inc.
Ronald J. Wagner, PE
RJW:dlc
Enclosures
cc: Lawrence Koshak, PE, City Engineer
Judy Hudson, Clerk
Dan Licht, NAC
mao"Shand 7ocsVAuMdpaMOTSEGM141Crt614mr5,doc
#'s revised 3-7-01 to reflect removal of Farr Sanlor Housing
TABLE 1
FINAL PLATTED LATS WITHIN
SANITARY SEWER SERVICE AREA OR
PRE-EXISTING HOMES OR COMMERCIAL.
BUILDINGS WHICH CONNECTED TO SEWER SYSTEM
DEVELOPMENT NAME
RAT
UC
REC'S
TOTAL
EC'S DESC PTION/STATUS
Crimson Pond Phase 1A
41
0
41
mal Platted
Timson Pond Phase IS
33
0 '
33
d
rairie Creek 1"
45
0
45
d
Prairie Creek 2^0
45
0
45
d
rinalgletted
Prairie Creek 3'°
30
0
30
Ptiessant Ride 1"'46
0
45
d
Pheasant McI92 2nd
42
0 1
42
lFinal Platted
peasant Rld 3'0
46
0
46
IFInal Platted
peasant Rid 40'
45
0
45
Inal Platted
tone ate Estates 1'4
62
0
62
incl Platted
he Pointe 15`
184
0
184
Ore-EAsfim Home
lam Darkenwald
1
0
1
re-ExistingBuildino
hrlst Lutheran Church
0
7.4
7,4
re-Existino RuMing
Ells River Bank
0
1.5
1.5
re -Existing RuilcKn
lr�ExistinnBuildin
Tom Thumb
0
1.2
1.2
Godfathers6.5
6.Pre-Existino
6uildin
628.0
16.6
644.8
REC's
Res. = Residential
I/C = Ind ustrial/Commemial
\}Hao11,S�ared OocsWurnapalWOTSE00614iat614M(S doC
#'s revised 3-7-01 to reflect rernovM of Farr Sorgor Houamp
TABLE 2
PRELIMINARY PLATTED LOTS
WITHIN SANITARY SEWER SERVICE
AREA OR PROPERTIES ASSESSED FOR SEWER
RES.
To rAL
DEVELOPMENT NAME REWS
•-C
REC'S
REC'S
DESCRIPTIO 1STATUS
Prominary Platted
Prairie Creek TH-Fbmem Outk)t Pulte 48
0
4S
May Final Platted in 2001,
Prtalre Creek 4th Ulmer 35
0
35
Preliminary Platted
Preliminary Platted
ecelved final construction plans
oaths ago, have yet t4 receive
Crimson Pond 3`d
51
0
51
evil ns.
relirn'nary Platted
The Point 2r*
176
0
178 May Final Platted in 2001,
reliminary Platted
River's Point 1a
32
0
32
ay Final Platted in 2001.
Ria Point Outlot
101
0
141
Pratimina Platted
reftirrary Platted
tones ate Estates 2nd
52
0
62
ay Final Platted in 2001.
Ston ate Estates 3rd
52
0
52
rellminary Platted
Crimson Pond 4`"
47
0
47
reliminary Platted
inal Platted wlo sewer for up to 3
Toa Property
0
56'
5t3"
ears.
CLC -MRD Addlbon Mary Dare's Property
0
67'
67*
ill be assessed this year.
�Ftanch Acres Slabtovm
9
0
9
lowjy built out over several YSars
Estimated REC's
603 1
129'
726
EC's
Res. = Residential
1/C = IndustriaMommercial
1IMaol%SharW Doc3NWnIdpaMOTSEGOA14kotET4mr5.*o
#'s revised 3-7'01 w rafted removal at Farr Senlor Housing
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.
INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON
RESIDENTIAL SUBDIVISIONS WITHIN THOSE AREAS OF THE CITY
LYING WITHIN THE SANITARY SEWER SERVICE DISTRICT AS
ESTABLISHED IN THE CITY'S COMPREHENSIVE PLAN AND
OFFICIAL MAP.
Section 1. Purpose. This interim ordinance is hereby established for the following
reasons:
A. To halt new applications for residential subdivisions within the
established Sanitary Sewer Service District (Exhibit A) of the City of
Otsego.
B. To provide the City with a period of time to reevaluate the
Comprehensive Plan and evaluate plans for proposed sanitary service and
treatment expansion in light of the unprecedented development occurring
within the eastern portion of the City within the last few years.
C. In order to protect the planning process, and insure proper land use
controls.
D. To allow the City to take the necessary steps to insure that sanitary
sewer service can be delivered to those requesting such service for
residential uses.
E. To allow the City to evaluate allocation of existing resources between
proposed commercial uses and proposed residential uses.
F. To protect the environment, and to provide for a safer City water supply.
G. To protect the health, safety, and welfare of the citizens of Otsego.
Section 2. Authority. The City Council is empowered by Minn. Stat. 462.355,
Subd. 4 to pass an interim ordinance, applicable to all or a part of its jurisdiction,
for the purpose of protecting the planning process and the health, safety, and
welfare of its citizens.
Section 3. Temporary Prohibition. For twelve months from the date of adoption
of this Interim Ordinance prohibiting residential subdivisions within the Sanitary
Sewer Service District, or until such earlier time as the Otsego City Council
determines by resolution that the reasons for the moratorium no longer exist, no
application for any type of proposed residential subdivision or application which
will result in increased residential use of property, not specifically exempted from
this interim ordinance, nor any application for rezoning to any residential zoning
designation within the designated urban service area shall be accepted or
processed by the City. No application for expansion of the sanitary sewer service
district shall be accepted or processed during the moratorium period.
Section 4. Exceptions. Specifically exempted from this prohibition are the
following subdivisions which have received preliminary plat approval, or have
already submitted a complete application for preliminary plat approval as of the
date of passage of this ordinance :
A. Applications for commercial or industrial subdivisions, which do not
include residential uses.
B. 1 per 40 land splits within agriculturally zoned areas allowed by the
Comprehensive Plan and Zoning Ordinance.
C. The issuance of building permits for individual residences, or accessory
buildings upon lots which have been previously approved and which are in
full compliance with the applicable lot requirements for a buildable lot
within the zone in which they are located, or; if within a previously
approved plat, in full compliance with any additional restrictions placed
upon building within that plat.
D. Applications for Conditional Use Permits, which do not result in
increased residential use of property.
E. Applications for variances.
F. Applications for final plat approval for the following named plats which
already have preliminarily plat approval, or are in process (as graphically
depicted on attached Exhibit B):
2
1. Prairie Creek Third Addition, Outlot B
2. Crimson Pond Third Addition, Outlot C
3. Stonegate Estates, Outlots G and F
4. Prairie Creek Second Addition, Outlots D and E
5. The Pointe, Outlots B and C
6. Pheasant Ridge Fifth Addition (Pheasant Ridge, Outlot B)
7. River Pointe
8. Ranch Acres
Section 5. Misdemeanor. Any person, persons, firm or corporation violating any
provision of this ordinance shall be guilty of a misdemeanor, and upon conviction
thereof, shall be punished pursuant to Minn. Stat. 609.02, plus costs of
prosecution.
Section 6. Injunctive Relief. In the event of a violation of this ordinance, the City
may institute appropriate actions or proceedings, including requesting injunctive
relief to prevent, restrain, restrain, correct, or abate such violations.
Section 7. Separability. It is hereby declared that the several provisions of this
ordinance are separable in accordance with the following; if any court of
competent jurisdiction shall adjudge any provision of this interim ordinance to be
invalid, such judgment shall not affect any other provisions of this ordinance not
specifically included in said judgment.
Section 8. Effective Date. This ordinance shall take effect from and after its
passage and publication, and shall remain in effect until twelve (12) months from
the date of passage and publication, unless a shorter period of time is approved by
proper resolution of the Otsego City Council.
ADOPTED by the City Council of the City of Otsego this day of March,
2001.
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Larry Fournier, Mayor
Judy Hudson, City Clerk
LONG RANGE URBAN SEMCE AREA
(ONLY WITH SEWER SERVICE AVAILABIUTY)
NOTE' SANITARY SEINER SERVICE DISTRICT CONSISTS OF
AN IMMEDIATE URBAN SERVICE AREA ANDAN INTERMEDIATE
URBAN SFRVICE AREA
Amendments;
Ru on 13AMMO
Rn i D4-05an 27 Var0O
CON CEPT PLAN
LONG RANGE URBAN
SERVICE AREA
QTSEGO COMPREHE1451VE PLAN UPDATE
DEVELOPMENT FRAMEWORK
Hakanson
1 Anderson
Assoc., Inc.
March 16, 2001
Mike Robertson
City of Otsego
8899 Nashua Avenue NE
Otsego, MN 55330
Re: Forfeit Land
Dear Mike:
ZA E-rr, q . t . g
3601 Thurston Avenue, Suite 101, Anoka, MN 55303
Phone: 763/427-5860 Fax: 763/427-0520
� �c�r�aec(�I
0
U
We reviewed the list of tax delinquent property in Otsego to determine if the City
may have an interest in acquiring those properties.
Our opinion on the properties is as follows.-
Pin
ollows:
Pin #118026001010
Lot 1, Block 1, Otsego Acres 1St Addition
This property accesses to Odean Avenue just south of 91St Street on the west
side. It appears to be about 1.0 acre and the site is elevated above the street.
The information we have based on the Odean Avenue assessment property
search is that the State of Minnesota owns the property.
However, this site would make it as a candidate for a future well site. The water
facilities plan calls for a future Well in the general area. In an attempt to limit
access of residential property onto Odean Avenue, the well use would be a good
consideration.
The lot appears to be buildable with sewer and water and perhaps even split into
two lots. However, it would not be our recommendation to make this lot a high
priority to acquire.
118033002140
Lot 14, Block 2, Vasslur's Oak Grove Estates 2nd Addition
This property's owner Karen J. Wilson has been before the City Council recently
on the issue of an unlivable residence. The lot is on 83`d Street between O'Dell
Avenue and Ogren Avenue.
Civil Cr Municipal ��
d Engineering
G:VvlunicipalV:OTSEGO\901\2001\ot901mr.L°a5id Surveying for
CLEAN UP DAY
SATURDAY
MAY 5, 2001
8 AM TO 1 PM
CITY PAYS RESIDENT PAYS
Central Appliance Recycling $10.50 (increase of $.50)
Air Conditioners $15.00 (same)
Microwaves, humidifiers, de -humidifiers.
NEW IN 2001
Computer - Monitor $15.00
CPU (Hard drives) $ 5.00
Printers $ 5.00
First State Tires
Car Tires $1.00
Light Truck Tires $2.00/$3.00
Large Truck Tires $6.00/$7.00
Tractor Tires $25 to $40.00
Inner tubes/bike tires/motorcycle tires $.50
Randy's Sanitation
Scrap metal $130.00
Batteries (vehicle) 10 yard
n-mcon Disposal
Disposal of household goods $145.00 a pull (Up $10.00)
Elk River Landfill
$43.00 a ton for household junk
Mattresses, box springs $4.00 each ($15.00 last year)
Sofas, recliners, any spring item $4. ($7. Last year)
Council:
SPRING IS HERE - IT'S CLEAN UP TIME!!!!!
Please consider approving the above prices.
Thank you and, of course, I look forward to see everyone on May 5!!!!!.
Judy Hudson
$12.00 (same as last year)
$15.00 (same)
No Charge Same
515.00 NEW
$ 5.00 NEW
$ 5.00 NEW
$ 1.00
Same
$ 3.00
Up $1.00
$ 7.00
Up $2.00
$25 to $40.00
$1.00
Same
No charge
Same
No charge
Same
No charge Same
No charge
Same
$10.00
Same
$ 5.00
Same
This Year's Party:
June S, 2001
The party is held at
Salk Junior High
immediately following
commencement.
Our
Goal:
To provide a unique
graduation party for
Elk River High School
seniors as a gift to them
from their parents
and the communities
in "-- school district.
-.� Our
Objectives:
To provide an
opportunity
for all the seniors to
celebrate together as
a class.
To provide a safe and
memorable all-night
celebration for the
graduates.
To build community
through involvement
of parent volunteers and
community contributors.
To build a graduation
party tradition for future
classes.
�J ineral
Z lair:
DuWayne Moll
763-441-3501
D
1ATorC7Pa I Ua
V0r the Class
Dear Friends,
Ar
of 2001
Each year, the Graduation Party Committee (formed of parents and other volunteers)
hosts an all-night graduation celebration. This party provides a safe, chemical -free
night of fun, games, food, prizes and camaraderie for the graduates. There is no way to
know how many lives have been saved over the past 15 years since the tradition of the
Graduation Party began, but we do know that the thousands of students who have
attended the parties were safe from harm that night. (Last year 95% of the class chose
to attend!) We know this will be a special time for the 600+ graduates to share one last
event as the ERAHS Class of 2001!
Perhaps you are a new business in the area and have never heard of this party. Maybe
this is the first year your business is considering donating. You might be a loyal business
which has been donating to this party for many years. At any rate, we want to say
"THANK YOU" in advance for your support! We are aware that many groups and
organizations solicit your help, but if not for people like you, this party would not be
possible! This party is not school subsidized. The majority of the party is funded through
private contributions by area businesses and individuals. Can we count on your help?
A member of our committee will be calling you in the next month to find out.
Businesses and individuals are invited to donate products, discounts, or gifts that can be
distributed as prizes for the planned activities. Cash donations are also appreciated
and will be used to purchase additional prizes. Does your business sell or manufacture
something that might make a nice prize? Consider donating one or two of these items
to the party. Food is served all night long, so a very large volume of food is needed. Are
you able to donate a food product or something that could be used in the food area?
Any way you can support this event will be appreciated! To allow us time for planning,
please make your contribution by April 16, Please mail back the enclosed reply
card, stating what your contribution will be. If you would like someone to pick up your
donation, please check the box on the card.
By working together, we're building abetter community!
We sincerely hope you will consider supporting this wonderful party with
your donation.
Thankyoufrom the
Elk River Graduation Party
If you have questions you may contact Mary Anderson at 763-241-9161
or Tom and Jackie Groves at 763-422-1891
Donations & Prize Committee
Here's another way you might be able to help. Take note of everyday items
that you or your company throw away. Some items could be valuable for
covering walls, decorating or for special props for the graduation party.
Did we make an error on your name or address?
Please note that on the reply card. 4J