06-12-01 CCCLAIMS LIST
CITY COUNCIL MEETING
JUNE 25, 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 6-14-2001 $ 36,339.72
6-21-2001 $ 68,157.78
GRAND TOTAL $ 104,497.50
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 Thursday, June 21, 2001
Check Summary Register Page of
Total Checks $68,157.78
Name
Check Date Check Amt
10100 BANK OF ELK RIVER
UnPaid
AFFORDABLE SANITATION
$166.60
UnPaid
AIRGAS, INC.
$22.68
UnPaid
BANK OF ELK RIVER
$25,863.45
UnPaid
CARLSON TRACTOR & EQUIP. CO.
$476,34
UnPaid
CITY OF MONTICELLO
$3,086.00
UnPaid
DAVID L DAHLHEIMER
$1,000.00
UnPaid
DRAKE CONSTRUCTION, INC.
$1,000.00
UnPaid
E H RENNER & SONS
$6,414.00
UnPaid
EARL F ANDERSON INC
$780.06
UnPaid
ECM PUBLISHERS INC
$145.18
UnPaid
ELK RIVER CONCRETE PRODUCTS
$3,088.96
UnPaid
ELK RIVER-ROGERS VFW POST
$3,010.00
UnPaid
GOPHER STATE ONE -CALL INC
$7.70
UnPaid
GROEN GARY CPA
$920.00
UnPaid
ICMA RETIREMENT TRUST
$331.92
UnPaid
KENNETH OR KATHRYN EVANS
$270.00
UnPaid
MEDICA
$3,466.05
UnPaid
MINNESOTA LIFE
$64.50
UnPaid
MN DEPT OF HEALTH
$100.00
UnPaid
MN ZOOMOBILE
$100,00
UnPaid
ONRAMP, INC
$39.95
UnPaid
PEOPLE SERVICE INC.
$5,572.00
UnPaid
PITNEY BOWES
$100.02
UnPaid
PUBLIC EMPLOYEES RETIREMENT FD
$883,88
UnPaid
RMR SERVICES, INC
$9,248.49
UnPaid
SWIFT CONSTRUCTION INC
$1.000.00
UnPaid
TRI -LAKE BUILDERS
$1,000.00
Total Checks $68,157.78
CITY OF OTSEGO
Thursday, June 21, 2001
Check Detail Register
Page 1 of 3
:;;4}„}..,,;,.,}}:. •.,,,.:.:.,,,,:.:: •: ,.,.,:.:.:'.:;, y /p� Check Amt Invoice Comment
'"\\\\W$Y.4:C\Z:v'�Y•riv\\\\.\\T$.Ttv\C\kt�Y�J\���\\S:2{�:Ci\i?�:}Y:$Y:iYi)!00;\\�)(JJCL•Yi}i\kV�\U'��?��•V�\y�� �• , Y,�p�}Y�¢.:?V);C;pgkV\.,T\\\.Y:\\.Y}Y\.?:J,}Y\\1v}JU.\Yk?\`V. Y}�}
.•. \.,J\...1\`M}\\\\�., �l,\)JP})JJ.W:hVi,•::.MiWC,\a\��?\\\1\•?inii}\�V,\<\:: h\}T}YY}\\\\V}h�`�4T
10100 BANK OF ELK RIVER
,.AFFORDABLE SANITATION`
E201-45000-410 Rentals (GENERAL)
$166.60 106100
HC UNIT - RENT
Total AFFORDABLE SANITATION
$166.60
p,..,.M,..,,.M..,,,..,...,..,,,,P}AIRGAS, INC.
.,}.,,:tea?a.
n }..� YYON. o w ,,w,,,,,K ,w,,,,,,,,,•.
E101-43100-210 Operating Supplies (GENERAL)
$22.68 105970086
ACET/HAZIOXY
Total AIRGAS, INC.
$22.68
�« ««OF �
UnpaicfBANK ELK RIVER •
•�
E 421-43100-501 Equipment
$5,478.77
99 EQUIP INTEREST
E 421-43100-501 Equipment
$20,384.68
99 EQUIP PRINCIPAL
Total BANK OF ELK RIVER
$25,863.45
Unpaid CARLSON TRACTOR EQUIP. CO.
E 101-43100-220 Repair/Maint Supply (GENERAL)
$476.34 2003534
PW#11
Total CARLSON TRACTOR & EQUIP. CO.
$476.34
Unpaid ,,,,,, CITY
E 101-42710-390 Contracted Services
$396.00 6729
ANIMAL CONTROL
E 213-42200-390 Contracted Services
$2,690.00 6729
QTR 3- FIRE CONTRACT
Total CITY OF MONTICELLO
$3,086.00
Unpaid DAVID L DAHLHEIMER
E 701-41400-310 Miscellaneous
$1,000.00
ESCROW REFUND
Total DAVID L DAHLHEIMER
$1,000.00
E 702-41400-310 Miscellaneous
$1,000.00
ESCROW REFUND 7865 PALMGREN
Total DRAKE CONSTRUCTION, INC.
$1,000.00
,,
Unpaid E H RENNER &SONS
E415-43251-220 Repair/Maint Supply (GENERAL)
$6,414.00
WELL 1 MAINT
Total E H RENNER & SONS
$6,414.00
Unpaid EARL F ANDERSON INC
E 101-43100.393 Street Signs
$780.06 0040825
STREET SIGNS/POST
Total EARL F ANDERSON INC
$780.06
Unpaid ECM PUBLISHERS IINNC<««”
E 101-41400-350 Print/Binding (GENERAL)
$41.48 112897
KINGHORN
E101-41400-350 Print/Binding (GENERAL)
$103.70 112898
LEGAL ORDINANCE
Total ECM PUBLISHERS INC
$145.18
Unpaid ELK RIVER CONCRETE PRODUCTS
E 101-43100-310 Miscellaneous
$3,088.96 168603
CEMENT TRAFFIC DIVIDERS
Total ELK RIVER CONCRETE PRODUCTS
$3,088.96
UnP ads„�,.,M..�..�.�...,..�,,......,V,,..�,,,�:,,,:,,.,,M
ELK RIVER-ROGERS VFW POST
....................,,,.....,.,..,.,,,....,,.,q:.,..:}A.•>},f,.
E41&43251 -SW Capital Outlay (GENERAL)
$3,010.00
EASEMENT -REPLACE LOST 99 CK
Total ELK RIVER-ROGERS VFW POST
$3,010.00
CITY OF OTSEGO Thursday, June 21, 2001
Check Detail Register Page 2 of 3
Check Amt Invoice Comment
•:ni<ri«,,<1p* l,\�0.�,`�i000CL«#+fYiG:in'fA1��[,�',v}
"lJnpaidGOPHER
E 101-41400-310 Miscellaneous $7.70 1050594 NO LOCATE TICKETS
Total GOPHER STATE ONE -CALL INC $7.70
GROEN GARY CPA
E 101-41600-390 Contracted Services $920.00 5/16 TO 6/15
Total GROEN GARY CPA $920,00
Unpaid ICMA RETIREMENT TRUST
E 101-41400-121 PERA $201.92 PPE 6/9/01
G 101-21705 Other Retirement $130.00 PPE 6/9/01
Total ICMA RETIREMENT TRUST $331.92
Unpaid KENNETH OR KATHRYN EVANS """"�""`""'""
R 101-38992 CITY HALL RENT ($130.00) BLDG SUPERVISOR
G101-21803 DAMAGE DEPOSIT PAYABLE $400.00 DAMAGE DEPOSIT REFUND
Total KENNETH OR KATHRYN EVANS $270,00
-»i/.q„�('YttSC?:A'tti M11«i4:M:^OYAhpOpC9pp,ppaaWWYAt%RDVOCCOC«tl�h,yP,v✓.,N\Lv"Ntvt,+ce.•:rv..:"�n
lJnpaid.,,,,,,.,..:,..,.ri,.,..�x,..n"",w,.,.. MEDICA
E 101-43100-123 Health $1,435.34 PW - JULY
E 101-41400-123 Health $2,030.71 ADMIN - JULY
Total MEDICA $3,466.05
Unpaid MINNESOTA UFE '""`""<'"""'
E 101-41400-130 EmpkW Paid Ins (GENERAL) $27.40 ADMIN-INSUR-JULY
E 101-43100-130 Employer Pad Ins (GENERAL) $37.10 PW - INSUR-JULY
Total MINNESOTA LIFE $64,50
Unaid k:,w" :MN DEPT OF HEALTH a, «<�n<««��Y•:�w > «:a :. «>,,.
E601-49400-310 Miscellaneous $100.00 WELL MONITORING
Total MN DEPT OF HEALTH $100.00
E 101-45200-440 Recreation Programming $100.00 ADDN'L AMT OWED
Total MN ZOOMOBILE $100.00
Unpaid
E 101-41400-390 Contracted Services $39.95 974440 MONTHLY WEB HOST
Total ONRAMP, INC $39.95
.«�,Y,.x.,<«�,...>,.:.w,,:",,::..,,.,.,,..,,�-�,k:M,,::K,,,.,.:.,�,�.,�..d,•.,.M.M,M,�«:,,.:,.:�..�.,:,M..v,.:N:.,,,...,,,�.,,,,.:...N.:.,,�,,.,-:".:.w:..:..::,��::». •:::.:.«:>.::,.<„�>.,:H::.
Unpaid PEOPLE SERVICE INC.
E 601-49400-390 Contracted Services $5,572.00 4594 WATER/WASTE/MONTHLY
Total PEOPLE SERVICE INC. $5,572.00
�,,,,�Y� ««��«... «� M.,.,,, :, M, k, «�
Unpaid PITNEY BOWES.”,�,,.M...M..,..»,�....,.�,,,..,,..:,,,.,:,.,.,.,�>�«..,�,.;�:,n�N-,,>.
E 101-41400-413 Office Equipment Rental $100.02 4705027-JN01 POSTAGE METER
Total PITNEY BOWES $100.02
Unpaid
P � �",,,.•,..,, PUBLIC EMPLOYEES RETIREMENT FD
E 101-41400-121 PERA $195.80 PPE 6/9/01
E 101-43100.121 PERA $265.28 PPE 6/9/01
G 101-21704 PERA $422.80 PPE 6/9/01
CITY OF OTSEGO
Check Detail Register
Thursday, June 21, 2001
Page 3 of 3
Check Amt Invoice Comment
i.��� aha,'„�'`.ia�<'.�a\�'+���iS�h�•`.�;c;','uvS�G��rwO����
Total PUBLIC EMPLOYEES RETIREMENT FD $883.88
Unpaid RMR SERVICES, INC
E 601-49400-203 Supplies - General $9,248.49 2001-223 WATER METERS
Total RMR SERVICES, INC $9,248.49
Unpaid SWIFT CONSTRUCTION INC
E 702-41400-310 Miscellaneous $1,000.00 ESCROW REFUND 7889 PALMGREN
Total SWIFT CONSTRUCTION INC $1,000.00
Unpaid TRI -LAKE BUILDERS '""""�.»".`"
E 702-41400.310 Miscellaneous $1,000.00 7919 PALMGREN - REFUND
Total TRI -LAKE BUILDERS $1,000.00
10100 BANK OF ELK RIVER $68,157.78
CITY OF OTSEGO Thursday, June 14, 2001
Check Summary Register Page 1 of 1
Total Checks $36,339.72
Name
Check Date Check Amt
10100 BANK OF ELK RIVER
UnPaid
BANK OF ELK RIVER
$50.00
UnPaid
CARLSON TRACTOR & EQUIP. CO.
$25.41
UnPaid
CONSTRUCTION BULLETIN
$189.08
UnPaid
COUNTRYSIDE HOMES INC
$1,000.00
UnPaid
CROW RIVER FARM EQUIPMENT
$83.83
UnPaid
CUB FOODS ELK RIVER
$175.06
UnPaid
DON'S BAKERY
$31,16
UnPaid
ECM PUBLISHERS INC
$119.26
UnPaid
ELK RIVER LANDFILL
$3,031.85
UnPaid
G & K TEXTILE LEASING SYSTEM
$452.35
UnPaid
H G WEBER OIL COMPANY
$948.92
UnPaid
HOMES PLUS
$1,000,00
UnPaid
LEAGUE OF MN CITIES INS TRUST
$4,450.00
UnPaid
MICHAEL JOHN ROBERTSON
$216.97
UnPaid
MONTICELLO ANIMAL CONTROL
$120.00
UnPaid
NORTHWEST ASSOC CONSULTANTS
$5,261.21
UnPaid
SCHARBER & SONS
$231.08
UnPaid
ST JOESPHS EQUIPMENT INC
$622.23
UnPaid
SUPERIOR SERVICES
$460.00
UnPaid
US OFFICE PRODUCTS
$22.99
UnPaid
WRIGHT COUNTY AUDITOR -TREASURE
$17,033.33
UnPaid
WRIGHT COUNTY HIGHWAY DEPT
$313.99
UnPaid
WRIGHT-HENNEPIN CO-OP ELECTRIC
$501.00
Total Checks $36,339.72
CITY OF OTSEGO Thursday, June 14, 2001
Check Detail Register Page 1 of 3
:•r;:•?;+r,,..+rr:<:-r:•;:rrr;:-::-;;rrr:.r:.rx:;•??x«.,,•• x...r»:•r:- :rrrrx-;r;:•;>r:.r»».-. »„ Check Amt x„Invoice Comment
...:.,.. a\.•.a �.,rr.,,, w.....:...,.,....•rn:...w.s.0.n,,.,.,.............:........:,•r..a\n«'-:.::.:•:,,,f�..-n-..a.: .:.,k-:: r:::.a��,.,-:.,.:t1,,.�. �'�'»•i"t?:o:.-;:.. -;:::;x::::.;:L:?:.;:::,.,-: tiff:::::::.,,:r:;r.;<>-??:;-ra;><,r�:\,:-::::::::.�;:;:;-;>:::->r
10100 BANK OF ELK RIVER
�.w.,.�..x.:<»:..nx.,..:�<x x �,�. .Yx.a. �< M � w� ::: w.,,»..,,w .,�• x,,,»xw � »xw� n M,»»xx»
Unpaid .. v....<„x.,,»«:,�.�,mBANK --OF ELK RIVE
E 101-41400-410 Rentals (GENERAL) $50.00 SAFE DEPOSIT BOX
Total BANK OF ELK RIVER $50.00
.......,,....:................ r..rr.:............:. ..rxeooucv>rr»»»>ears»rrr.:...>»..........:.>rr?„»>rr:.>r>»>wo»xu�•:r.»»nx.,,:..,•n.,,,.,,..,..,,,,»., n..
Uripaid CARLSON TRACTOR & EQUIP. CO.
E 101-43100-220 Repair/Maint Supply (GENERAL) $25.41 2003448 LINK ASSEMBLY
Total CARLSON TRACTOR & EQUIP. CO. $25.41
.,.,,wrnw.».,w..w.V..,wrrrcau.<.,a.-�.<•:w.............. ac x.: .. ... ..«.4:.<.,vcv�w.eeew.va000arivaacx<uox..r.me<aa+x<�owu»;ocaxra,:mxee000eeeawaa:aa»wrx<,nw.rx.r:r.w.,,,,.<rr:n
Unpaid CONSTRUCTION BULLETIN
E 422-43100-351 Legal Notices Publishing $94.54 1752906 88TH ST. - 821444
E 422-43100-351 Legal Notices Publishing $94.54 1760498 88TH ST. - 821444
Total CONSTRUCTION BULLETIN $189.08
+xu,<w:vw: wzo�,ro.xx<o:�?::-: ..::-:r»:<�: rx<:ax<axa. x.:a<a:ox\\::xx<«»»rxze»»x<�ooa:ea:oovao«:v:exaxuaa�nz+..m xewn,-nrnu,,,,•m»:>,::•:n„•:.x:e.:::::n\,•a+.,»•r:n,::»•:.vn•::n:•:.,.nx•: :•:.x•::n.,....
)Unpaid COUNTRYSIDE HOMES INC
E 702-41400-310 Miscellaneous $1,000.00 ESCROW RED\FUND 15134 81ST ST
Total COUNTRYSIDE HOMES INC $1,000.00
:•:.xvr.,•w�rr.»wxvm,•m:::: n,v.yr:::n•:xr::nvr?»ri:rxTTY.??>T•??»?»?:Jxn?•\,pppl,4:v:•]i:PVAWPJP>NCW:Y.!Y.PYNYNo»: Y.•TNOGPMS»]5»»»»]t, �On?Yq»»JD»»:N»»>T»»NAbOM»»»}6:SJOCP>iM>xOJOv>»,vnY'nNM4:MMM>...vw.�lw.vn
Unpaid CROW RIVER FARM EQUIPMENT
E101-43100-220 Repair/Maint Supply (GENERAL) $83.83 82569 REPAIR SUPPLIES
Total CROW RIVER FARM EQUIPMENT $83.83
:r?:..:::«<.:<�:,x<m>?�:...-??.:�?.,xxx��r�»»,rY� - x«�,Yxa.:�...,n.,n,.uw<n•,..:::.xw:..w.w»�.n..»•<rKK.�r<. .,w,:nwrrn,�,,,...n
Unpaid CUB FOODS ELK RIVER
E 101-41400-371 Clean Up Day $175.06 121 CLEAN UP DAY SUPPLIES
Total CUB FOODS ELK RIVER $175.06
•:tiVn1i<W?]OOWA:SS^04A'fxntiti•:C':•?ri•:VKS4Pl'9J:tiSx4]O[000OJWF:«<.: ,C< n\�OMCtt<, Y.:<M,OCC,W'AOMP' 4wMMM:MSHNv.+:eAvdnumwbNwuwv.. w/n>v.W.,x.. r+.•nr.»wrrxn•nvrnrvk.:
Unpaid DON'S BAKERY
E 101-41400-371 Clean Up Day $31.16 5814 CLEAN UP DAY FOOD
Total DON'S BAKERY $31.16
.rn.rr::::......:r<rr:.nn.rrr..w,w»r,. ?<,?,:.??:,:r:�>»,>.«:.:,�r< �»», A.»x,.,wn,�,,,,,:n,•:.vwr:r:::.::
Unpaid ECM PUBLISHERS INC
E101-41400-350 Print/Binding(GENERAL) $62.22 112542 LEGAL ORDINANCE
E 101-41400-350 PrintBinding (GENERAL) $57.04 112543 LEGAL ORDINANCE
Total ECM PUBLISHERS INC $119.26
•»,-.�„�.,«„�•-��,k:�x�,�>,«..�.<�::.,:,�..x�.�x«xro. ,«<�..,�.«.r<<..�..rw.r,..:�.w..w,�,,,,,.,.r.,,rn,...�.rkn
Unpaid ELK PAVER LANDFILL
E 101-41400-371 Clean Up Day $3,031.85 1706-0004431 CLEAN UP DAY
Total ELK RIVER LANDFILL $3,031.85
nrx�:i�i �•:<c.:r.:Irv::a>ar:.:4::rx,w+ca»wncwwi�u a:u>Yrr;...rr:n:«.:o..>xyr+..n:.xw:oe:or<wnar:.u«.,.+a+n+nern»s,brnxvm•:aY,rm•.v.,:,,»„wr:.n.::r::.x.v:::::....::.,.n•:nrn,»x•.»•:n•:.,.,•. �::::..:.:......:...,..
Unpaid G & K TEXTILE LEASING SYSTEM
E 101-43100-225
Uniforms
E 101-43100-225
Uniforms
E 101-41400-390
Contracted Services
E 101-43100-225
Uniforms
E 101-43100-225
Uniforms
E 101-41400-390
Contracted Services
Total
G & K TEXTILE LEASING SYSTEM
$60.62
525283
UNIFORMS
$60.62
530217
UNIFORMS
$80.17
530218
RUGS
$70.46
535111
UNIFORMS
$100.31
540030
UNIFORMS
$80.17
540031
RUGS
$452.35
(J npaiii H �G WEBER OIL COMPANY::.,..,..r,,,....,r..x,.�.FrH,w..,,,k;.�<;<..:«..H
E 101-43100-202 Gas & Oil $649.02 40110 DIESEL
E 101-43100-202 Gas & Oil $299.90 40186 CHEVRON
CITY OF OTSEGO Thursday, June 14, 2401
Check Detail Register Page 2 of 3
i:::::::;:::j{:«i:•:<\v.•i;:i}.:.i..ti.ti.••;:}•:}:::::i:i:i.i�i:i:}:::<::i. �li:i:::i:. �sti'}•; iv<;},;f::::}::;:�h��\.:�::::.:•:..v::t:yM: :\
Check Amt Invoice
Comment.:..
ii<LY.:: �v:.: _: :..:Y„•v., .... .... .... .. ......
Total H G WEBER OIL COMPANY
$948.92
u<,w:,:c:w;o:<rr:.xr.:,���.v.:«e.:a,;.:<a:,..<o:<.:..,.<o;.,::,:.<..mv>:oxi+c.+ww.,>+:<•+.:.:<.:Mau
Uripaid«>:«..,,,v...< HOMES PLUS
<aw•w.,,,,,em,,,w.w.:,,•rx:::.Y
::::::::.:::::.::::::::.:,•:.:•::.:::::::::::.:�.,,,:..,.::.:::::::. �.Y::::. _:::::.
E 702-41400-310 Miscellaneous
$1,000.00
REFUND - 15156 79TH ST
Total HOMES PLUS
$1,000.00
Unpaid LEAGUE OF MN CIT SEI INa TRUST
E 101-43100-204 Insurance
$4,450.00
WORK COMP
Total LEAGUE OF MN CITIES INS TRUST
$4,450,00
w��C�'• �m� SttiOCrMf..Yl!.iUi:<4:<J4:<i<[.T:v\«.}i}iY%ti.i:<4\4itim:<:::
Unpaid �-"••••"�•"M"•'����•'`•»"� MICHAEL JOHN ROBERTSON
v':::.v„vn.:xrr.,•::.,w::::.v:
'
E 101-41400-360 Educabon/Training/Conferences
$216.97
REIMB. CONF CRAGUNS
Total MICHAEL JOHN ROBERTSON
$216,97
+�nnnnMu..<naMr..rxwx,,,'..,..,,w:.w.v:n».,,v:x:_:Pa�q�f•%x<•XS:::«<r.Y�,:vS^\<JAM.<tiW0000KO000000CAWppttOV:CM:CePM
Unpaid MONTICELLO ANIMAL CONTROL
e:. x�w:.s:Y<.,:.x..,.x-<a:<tacee+owcxc�ouoeca,w:,rone
E 101-42710-390 Contracted Services
$120.00 228
DOG PICK UPS
Total MONTICELLO ANIMAL CONTROL
$120,00
Unpaid NORTHWEST ASSOC CONSULTANTS
"�•�""`
G 701-21973 Pheasant Ridge 5th
$616.98 10121
PHEAST RIDGE 5TH
G 701-21958 Crimson Ponds III
$24.00 10121
CRIMSON PONDS 3
G 701-21980 Hidden Creek Trail Subd
$538.39 10121
HIDDEN CREEK
G 701-21970 Bulow/Luconic
$452.32 10121
MEADOWLAND
G 701-21983 Site Plan/Knghorn
$233.42 10121
KINGHORN
E 101-41570-303 Planning Fees
$645.50 10122
GENERAL
E 101-41570-303 Planning Fees
$238.05 10122
ZONE ORD - COMM STABLES
E 101-41570-303 Planning Fees
$173.40 10122
DOG KENNEL REGULATIONS
E 101-41570-303 Planning Fees
$158.10 10122
1-94 W CODE ENFORCE
E 203-45210-302 Engineering Fees
$61.20 10122
PARK & TRAIL
E 203-45210-303 Planning Fees
$20.40 10122
SCHOOL KNOLL
E 430-43100-303 Planning Fees
$699.45 10122
WEST SEWER PLAN
E 101-41570-303 Planning Fees
$1,400.00 10123
GENERAL
Total NORTHWEST ASSOC CONSULTANTS
$5,261.21
:v..��«.,�«M,•.�,.<..�,»,..,,,�.,.,,•:.,,,,,�.,.•xxw,,.r.<,.w�,,.<x.,�,�x,.xxM..„..x..,».xr..»,,,,,.xN„Mw„•x:::,.:xx::x:x:,x::x:x:x..,,�:.>h.:4::,•:<�>�
Unpaid SCHARBER &SONS
�.-N:��7a
• •
E 101-43100-220 Repair/Maint Supply (GENERAL)
$231.08 247114
91 DISC MOWER
Total SCHARBER & SONS
$231.08
4« �<... .� u,..,<-.xK«t< a.n„a w� <<a. <N �< , .,.x :.M•..ri
Unpaid ST JOESPHS EQUIPMENT INC
» w »vx:.x::::::.:•:.Y::::::xx:x:::::::::.:•x:xx:::::::.Y:::.Y:::::::::::.,.
E 101-43100-220 Repair/Maint Supply (GENERAL)
$106.33 03553
93 CASE TRACTOR
E 101-43100-220 Repair/Maint Supply (GENERAL)
$515.90 03565
93 CASE TRACTOR
Total ST JOESPHS EQUIPMENT INC
$622.23
Un• aides r.:.:............-�.:,,,�:�:<«,��««��:r<,..<•>:««:..>:K:,,;<�,-:<::»:.;��:<,�;�t:.::«<r:,�,;:,,:.«...:;.i:<.:.:.,:««.:v,,,
P SUPERIOR SERVICES
”" "'
E 101-43610-390 Contracted Services
$460.00 211540
RECYCLING
Total SUPERIOR SERVICES
$460.00
OFFICEPRODUCTS r:rr.:.:.:..r.,....HPh
�,»r.>.....x.....:..,,:rr..:...r...:..r.Fr::.i
•,,�......., .x,,a,,r,�
E 101-41400-201 Office Supplies
$22.99 1D14372
CALENDAR
Total US OFFICE PRODUCTS
$22.99
Unpaid W.v,:.r•;:•:w:ay.:a.:«i«:.:o,.:...:.,,,,.Y......:.,,,,�.,..,.x..,v.,�.,,w.,rx.w•v,.,++roe.,+wwwx...x:,.•:.,.:::.,•:x.«.x.,,.wrrx..+w.•..•rx:::r::.,.::.w::::::.:,..
RIGHT COUNTY AUDITOR -TREASURE
.:rxvwoa«avxv.•..xcx«rou<«�..•i,�:<-r»
CITY OF OTSEGO Thursday. June 14, 2001
Check Detail Register Page 3 of 3
yyqq app p� �+p Check Amt Invoice Comment
.i»>\iiiii?ilii?i}i:?>iiiii:vN::•:ii>iiii>i»ii:4i>ii::,:: :;n�.;.;
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E 101-42100-390 Contracted Services $17,033.33 JUNE 2001 PATROL
Total WRIGHT COUNTY AUDITOR -TREASURE $17,033.33
Unpaid �WRIGHT COUNTY HIGHWAY DEPT w..., ,.,,.,,,,,,...,.,..,....................,,..,.,.....,.>.,,....... ,,,.r.,.,.
E 101-43100-392 Culverts $313.99 2977 CULVERTS
Total WRIGHT COUNTY HIGHWAY DEPT $313.99
Unpaid WRIGHT-HENNEPIN CO-OP ELECTRIC
E 601-49400-390 Contracted Services $501.00 6721 MONTHLY MAIN.
Total WRIGHT-HENNEPIN CO-OP ELECTRIC $501.00
10100 BANK OF ELK RIVER
00111MW93T ASSOCIATt4 COMSUkTAVAxs, INC,
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com
PLANNING REPORT
TO: Otsego Mayor and City Council
FROM: Daniel Licht
DATE: 20 June 2001
RE: Otsego - Riverpointe 1st Addition; Final Plat
FILE NO.: 176.02 - 01.09
BACKGROUND
Orrin Thompson Homes, Inc.. has submitted an application for final plat approval of
Riverpointe 1st Addition, consisting of 32 single family lots and six outlots. The subject
parcel is currently zoned R-4, Residential Urban Single Family District. The preliminary
plat for Riverpointe was approved by the City Council on August 14, 2001.
Exhibits:
A: Site Location
B: Findings of Fact
C: Preliminary Plat
D: Final Plat
ANALYSIS
Preliminary Plat Consistency. The proposed final plat is generally consistent with the
approved preliminary plat for Prairie Creek. All of the lots conform to the minimum R-4
District lot area (12,000 square feet) and width (75 feet at the front setback) requirements.
Outlots A and D are provided as part of the on-site water system. Outlot B is a remnant
parcel on the south side of CSAH 36. Outlots C, E and F are provided for future
development phases. Easements are also being provided for a temporary cul-de-sac at
the end of Radford Avenue, extensions Radford north to Outlot D and extension of a street
east to the property line. These streets will be platted and constructed for future phases.
Park/Trail Dedication. No park land is to be dedicated as part of this final plat. In
satisfaction of park dedication requirements, the applicant must pay $1,075 per lot cash
fee in lieu of land or $34,400.
Sewer Capacity. The proposed final plat is to be served by municipal sanitary sewer. This
preliminary plat was specifically exempted from the current subdivision moratorium based
upon available capacity to service existing preliminary plats.
Construction Plans. The applicant has previously submitted construction plans for review
and approval of the City Engineer. The City Engineer has reviewed the plans and
commented in their most recent report dated March 19, 2001.
Development Contract. With approval of the final plat, the applicant must enter into a
development contract with the City and pay all required securities and fees. The
development contract is subject to review and approval of the City Attorney.
CONCLUSION AND RECOMMENDATION
The proposed final plat of Riverpointe 1 Addition is generally consistent with the approved
preliminary plat and applicable conditions. As such, our office recommends approval of
the application subject to the following conditions:
The applicant pay appropriate cash fees in lieu of land in satisfaction of park and
trail dedication requirements equivalent to $1,075 per lot equal to $34,400.
2. All construction plans, grading and drainage plans, easements and utilities are
subject to review and approval of the City Engineer.
3. The applicant shall enter into a development contract with the City and post all
required securities and pay all applicable fees, subject to review and approval of
the City Attorney.
4. Comments of other City Staff.
PC. Mike Robertson
Judy Hudson
Andy MacArthur
Larry Koshak
Ron Wagner
Ray Baird
Page 2 of 2
NAC
ON THE GREAT RIVER ROAD
CITY OF
OTSEGO
WRIGHT COUNTY, MINNESOTA
Applicant's Name: Orrin Thompson Homes, Inc.
6-20-01
Final Plat
Findings of Fact
& Decision
Request: Request for final plat approval of Riverpointe 1' Addition, consisting of 32 single
family residential lots and seven outlots.
City Council Meeting Date: 25 June 2001
Findings of Fact: Based upon review of the application, the City Council of the City of Otsego
now makes the following findings of fact:
1. The legal description of the property is described by Exhibit A.
2. The property lies within the Sanitary Sewer Service District and is guided for low density
residential land use by the 1998 Comprehensive Plan Update.
3. The property is zoned R-4, Residential - Urban Single Family District Service District;
single family uses are a permitted use within said District.
4. The R-4 District requires a minimum lot size of 12,000 sq. ft. and minimum lot width of 75
feet, measured at the front setback line. All of the lots within the final plat conform with
these minimum requirements.
5.
6.
7.
8.
9.
The Riverpointe Preliminary Plat was approved by the Otsego City Council on August 14,
2000.
The proposed final plat consists of 32 single family residential lots and seven outlots.
The planning report dated June 20, 2001 prepared by the City Planner, Northwest
Associated Consultants, Inc., is incorporated herein.
Engineering Review No. 5 prepared by the City Engineer, Hakanson Anderson Associates,
Inc., is incorporated herein.
The final plat application is processed in accordance with the provisions of Section 21-3-3
of the Subdivision Ordinance.
Decision: Based on the foregoing information and applicable ordinances, the requested
Riverpointe 13t Addition Final Plat is hereby approved based on the most current plan and
information received to date, subject to the following conditions:
EXHI9IT 8
The applicant pay appropriate cash fees in lieu of land in satisfaction of park and trail
dedication requirements equivalent to $1,075 per lot equal to $34,400.
2. All construction plans, grading and drainage plans, easements and utilities are subject to
review and approval of the City Engineer.
3. The applicant shall enter into a development contract with the City and post all required
securities and pay all applicable fees, subject to review and approval of the City Attorney.
4. Comments of other City Staff.
PASSED by the Otsego City Council this 25th day of June, 2001.
Attest:
CITY OF OTSEGO
By:
Larry Fournier, Mayor
Judy Hudson, Zoning Administrator/City Clerk
2
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EXHIBIT D-2
SHEET 4 OF 4 SHEETS
NOIRTHWItSx ASSOCIATIt4 CONSULTANTS" INC,
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com
(,2
MEMORANDUM
TO: Otsego Mayor and City Council
FROM: Daniel Licht
DATE: 15 June 2001
RE: Otsego - Fietek Property (14305 813t Street)
FILE NO.: 176.02 - 01.16
This memorandum forwards findings of fact applicable to the City Council's decision on
construction of a garage at the above referenced property. As identified in the findings,
several non -conforming issues exist on the property concerning accessory buildings.
The decision of the City Council at their meeting on June 11, 2001 was to allow the 728
square foot garage to be restored provided that the smallest accessory building is
removed. Taken within the broad context of the existing conditions, this action would
reduce the non -conforming issues on the property.
The conditions of the findings make it implicit that the 1,200 square foot pole barn is a non-
conforming structure that is not to be enlarged or in anyway sustained beyond regular
maintenance. At such time as the pole barn is destroyed and removed from the property,
the accessory building regulations of the Zoning Ordinance would be complied with.
Adoption of these findings is to be considered at the June 25, 2001 City Council meeting.
If there are any additional questions on this matter before that meeting, please call me.
PC. Mike Robertson
Judy Hudson
Andy MacArthur
Daniel Fietek
CITY OF 6-12-01
eajoo�'�S E GO
WRIGHT COUNTY, MINNESOTA Finding of Fact
& Decision
Property Owner: Daniel Fietek
Re: Reconstruction of a 728 sq. ft. garage on property located at 14305 813t Street.
City Council Meeting Date: May 29, 2001
Findings of Fact: Based upon review of the request and evidence received, the City Council of
the City of Otsego now makes the following findings of fact:
The legal description of the property is Lot 10, Block 2 Walesch Estates.
2. The property lies within the Long Range Urban Service Area and is guided for low density
residential land uses by the 1998 Comprehensive Plan Update.
3. The property is zoned R-3, Residential Long Range Urban Service Area.
4. The property is approximately one (1) acre in area.
5. The property is developed with a single family home, 728 sq. ft. detached accessory
building under reconstruction, a 1,200 square foot detached accessory building and a 218
sq. ft. detached accessory building.
6. A variance was granted by Wright County on September 12, 1986 allowing construction of
the 1,200 square foot detached accessory building.
7. Section 20-16-4.6 of the Zoning Ordinance allows the property to have 1,000 square feet
of attached accessory space and up to two detached accessory buildings with not more
than a total area of 1,000 square feet.
8. The existing detached accessory buildings on the property are considered legally non-
conforming as they:
a. Exceed the total number of detached structures allowed by Section 20-16-4.B.5.a(1)
of the Zoning Ordinance.
b. Exceed the total square footage for all detached accessory structures on the
property based on lot size allowed by Section 20-16-4.B.5.a(1) of the Zoning
Ordinance.
C. The total floor area of all detached accessory buildings exceeds 200 percent of the
gross floor area of the principal structure.
9. Legal non -conforming structures are regulated by Section 15 of the Zoning Ordinance.
10. The 728 square foot detached accessory building sustained roof damage due to snow
accumulation in during the 2000-2001 winter.
11. The property owner engaged in repairs to the roof, as well as modifications to the side walls
and foundation of the 728 square foot building without first obtaining a Certificate of Zoning
Compliance as required by Section 20-10-1 of the Zoning Ordinance or a building permit.
12. The Building Official identified the repairs in progress on the property and issued a stop
work order.
13. The Building Official estimates that the total cost of the in progress repairs and alterations
exceed 50 percent of the building's fair market value, which would violate Section 20-15-3.J
of the Zoning Ordinance.
14. The Building Official identified that the repairs initiated by the property owner involved
structural alterations that would physically extend building's existence, which would violate
Section 20-15-3.0 of the Zoning Ordinance.
15. The City Council received correspondence from the property owner's representation dated
May 29, 2001.
16. The property owner asserts that the repairs to the roof alone would not represent more than
50 percent of the fair market value of the structure and would not involve alteration of the
foundation or structure that would physically extend the structure.
17. The 728 square foot detached accessory building cannot be attached to the existing single
family home, which would make the dwelling conform with Section 20-16-4.B.4 of the
Zoning Ordinance, as the dwelling is a manufactured home located on a floating slab.
18. The City Council considered the reconstruction of the detached accessory building at their
meeting on May 29, 2001. Consideration of the request was tabled until the City Council
meeting on June 11, 2001 to allow the property owner and City Staff to seek a solution.
Decision: Based on the foregoing information and applicable ordinances, the reconstruction of
the 728 square foot detached building is hereby allowed based on the most current plan and
information received to date, subject to the following findings and conditions:
FINDING: The alteration of the 728 square foot detached building to repair roof damage would not
have exceeded the 50 percent of market value threshold and would not physically extend the
building structurally beyond normal maintenance, but that the other alterations the property owner
engaged in at the same time as the roof repairs conflicted with the Ordinance provisions for
sustaining a non -conforming use.
CONDITIONS:
The existing 218 square foot detached accessory building is demolished and removed from
the property, which will lessen the non -conformity by bringing the property into compliance
with the allowed number of detached accessory buildings and reduce the total square
footage of accessory building space on the property.
2. The 1,200 square foot detached accessory building is considered a legal non -conforming
use due to its size and total detached accessory building area on the property, and will be
regulated by Section 15 of the Zoning Ordinance.
a. Not withstanding other provisions of Section 15, only normal maintenance, including
non-structural repair and alterations, that do not physically extend the structure will
be allowed pursuant to Section 20-15-3.0 of the Zoning Ordinance.
b. Not withstanding other provisions of Section 15, should this structure be damaged
to more than 50 percent of its fair market value as determined by the City Building
Official, the structure is to be removed and the property must conform to all
applicable accessory structure provisions of the Zoning Ordinance.
3. A building permit must be obtained for reconstruction of the 728 square foot detached
accessory building with the permit fee doubled consistent with City policy for when a
building is constructed without obtaining necessary approvals or permits.
4. An investigation fee of $200.00 is provided per Section 107.52 of the Uniform Building
Code.
5. An escrow in the amount of $1,000 is provided to assure that the conditions of this action
are complied with, and to reimburse the City for professional service expenses incurred in
processing this action.
ADOPTED by the Otsego City Council this 11th day of June, 2001.
CITY OF OTSEGO
:
Larry Fournier, Mayor
%ttest:
Judy Hudson, Zoning Administrator/City Clerk
—� Hakanson
1 ' Anderson
Assoc., Inc.
3601 Thurston Avenue, Suite 101, Anoka, MN 55303
Phone: 763/427-5860 Fax: 763/427-0520
City of Otsego
City Engineer
Council Agenda Items
Council Meeting
June 25, 2001
Item 7.1 Discussion of NPDES Phase II
Refer to our letter of June 19, 2001 enclosed.
Item 7.2 Cost Estimates, Feasibility Report for Western Otsego Sanitary
Sewer System and Water System.
a. Cost Estimate for Feasibility Report for Western Otsego
Sanitary Sewer and Water System.
b. Cost Estimate for Topography for Western Otsego &
consider excepting quote for Aerial Photography (refer to
attached letter in the matter)
C. Consider approving Resolution ordering the preparation of
either or both Feasibility Reports. Resolution to be prepared
by Attorney.
Item 7.3 Consider Approval of Pay Estimate #4 for 88th Street and Quaday
Avenue Utility Improvement Project. (COP #'s 00-02 & 00-03) The
project is 97.5% complete and retainage of $13,920.12 is being held.
Item 7.4 Review of Quotes received for 2001 Otsego Street Crack Sealing
Program for your information.
a. Astech Corporation - $14,100
b. Bergman Companies, Inc., $15,000
No action required as both quotes are within Budget Estimate
Item 7.5 Consider passing a Resolution setting an Assessment Hearing for:
a. Odean Avenue Street Construction;
b. 88th Street Water Sanitary Sewer, Storm Sewer Installation
and Street Construction; and
C. "Slabdown" Water Sanitary Sewer Installation.
Attorney will provide the Resolutions.
Item 7.6 Any other Engineering Business
Civil er Municipal
En ineering
Ma01\Shared Docs\MunicipaAAOTSEGO\92112( \ eerie da - - . c
an urveysng9jr
Hakanson
1 Anderson
Assoc., Inc.
June 19, 2001
Mike Robertson
City of Otsego
8899 Nashua Avenue NE
Otsego, MN 55330
Re: NPDES Phase II
Dear Mike:
3601 Thurston Avenue, Suite 101, Anoka, MN 55303
Phone: 763/427-5860 Fax: 763/427-0520
As requested by the Council, we have reviewed the storm water program
requirements for Otsego in relation to the National Pollutant Discharge
Elimination System (NPDES).
-I-TDW ;7,f
The EPA has divided all cities into 3 categories they call MS4's or municipal
separate storm sewer systems. Large MS4's have populations greater than
250,000 and medium MS4's have populations between 100,000 to 250,000. This
leaves Otsego in the small MS4 category. NPDES Phase II categorizes small
MS4's even further into regulated small MS4's and non-regulated small MS4's.
Regulated small MS4's are "urbanized" cities of any size up to 100,000 (usually
greater than 10,000). The EPA considers "urbanized" an average population
density of at least 1,000 people per square mile.
NPDES Phase II was added to include the many cities which were "urbanized"
but did not have the population or the area to ever meet the old Phase I medium
MS4 requirement of 100,000 i.e. Minnesota cities would be Hilltop and
Lauderdale, etc. They are small but "urbanized" and are surrounded by
urbanized areas.
Otsego is considered a non-regulated small MS4 due to its "non -urbanized"
status. Otsego currently has a population density of 230-people/square mile.
Otsego also does not have an "urbanized" neighbor. The neighboring city
closest to being considered "urbanized" is probably Elk River at 700-
people/square mile.
I called MPCA, the NPDES governing body in Minnesota, and they confirmed our
conclusion that Otsego is not a regulated small MS4 under NPDES Phase II.
The only change Otsego has to do and has, is any project disturbing 1 acre or
greater must apply for a NPDES permit and follow Best Management Practices
Civil 6 -Municipal ��
Engineering
G:VMunicipa1\A0TSEG0\901 \2001\ot901 mr2l�d Surveying for
(BMP). This is a change from NPDES Phase I requirement of any project greater
than 5 acres requiring a NPDES Permit.
If the City of Otsego had been considering a regulated small MS4, they would
have been required to implement the following 6 control measures:
1. Public Education and Outreach
2. Public Participation / Involvement
3. Illicit Discharge Detection and Elimination
4. Construction Site Runoff Control
5. Post -Construction Runoff Control
6. Pollution Prevention / Good House Keeping
These measures would cost the City some money to implement and some man-
hours to maintain. It is our recommendation for a City such as Otsego to
continue to follow the storm water program which is outlined in the Otsego
Engineering Manual and meet the standards required for a non-regulated small
MS4's set forth by NPDES Phase II.
However, in the future the city should consider development of an Ordinance that
specifically is directed toward the maintenance policies, and financing of storm
water facilities.
If you have any questions or comments, you may contact me at 763-427-5860.
Sincerely,
Hakanson Anderson Associates, Inc.
Ronald J. gne .E.
RJW:dlc
cc: Judy Hudson, Clerk
Lawrence G. Koshak, City Engineer
G:\Municipal\AOTSEGO\901\2001\ot901 mr2.doc
Hakanson
Anderson
Assoc., Inc.
,TXe� ;�7 ,z
Hakanson
1 Anderson 3601 Thurston Avenue, Suite 101, Anoka, MN 55303
ASSOC., Inc. Phone: 763/427-5860 Fax: 763/427-0520
June 19, 2001
Mike Robertson
City of Otsego
8899 Nashua Avenue NE
Otsego, MN 55330
RE: Southwest Sanitary Sewer and Water District
Dear Mike:
As per the Council's direction, we are providing a cost estimate for the engineering
services to provide a sanitary sewer and water study for the above-mentioned area.
The studies will supplement the Comprehensive Plan for these municipal services being
proposed in the area.
The area consists generally of the southwest portion of the city. The area is south of 80th
Street, extending to the west city limit, and north of the south city limit adjacent to
Albertville and St. Michael. The east boundary may extend to the north south extension
of Nashua Ave. depending on service area.
The City Planners will provide land use designation as approved by the City Council.
In preparing the study we will determine the flows for the area. We will consider the
land use designation and the rate of flow used previously in Otsego for the particular land
type.
The wastewater flows will be peaked to determine a pipe flow design.
Given a location of the treatment facilities or main lift station to the treatment facilities,
we can project grade lines for the sewage flow in the trunk sewer lines. The trunk sewer
lines will be shown in all major directions from the treatment facilities so that the
planning area will receive gravity sewer as far as possible.
Pipe sizes with estimated inverts and top elevations will be calculated and shown on the
map of the district. The district may be separated into subdistrict to facilitate development
in phases. The studies will consist of approximately 10-15 pages of written material with
graphics and maps in color to show the proposed trunk lines and subdistricts.
Civil d'Municipa! ��
, 1ngineering
\UIa01\Shared Docs\Municipal\AOTSEGO\617 !tn�d urr°eyingfor
Tables provided will contain design data and the estimated cost of trunk facilities for the
collection system.
As discussed we intend to study the entire city for wastewater treatment facility service
area. The two wastewater treatment facilities (east and west) will be given a service area
based on the study data in this report. The un-sewered district proposed as the rural
reserve area will also be shown. Recommendation on sewer service in that area will be
provided.
Therefore, this study will consist of three parts:
A. Overview and recommendations for sanitary sewer service for the entire city.
Establishment of boundaries for east and west treatment facilities.
B. Comprehensive sanitary sewer study for the proposed southwest sanitary
sewer district.
C. A potable water study will be provided for the southwest service area. This
study will provide trunk water source, storage, and distribution facilities for
the district. Those facilities will include recommendations for elevated
storage tank and tower locations and size. The storage facilities will consider
the large area set aside for industrial/commercial and its fire flow needs.
Water source will be considered in deep well aquifers. Existing wells in the
area will be examined for production and reliability. A trunk distribution
system will be proposed with the aid of a computer program for water system
analysis. The pressure of the water needed to service the study area will be
reviewed.
Cost estimates for the proposed water facilities will be provided in tabular
form. Exhibits will show the trunk facilities with size of trunk and tower and
well locations.
Engineering fee for study:
A. City wide overview of wastewater treatment districts:
Staff hours: 80 hours
Materials and other Services
Fees for Sanitary Sewer Overview
\\I401%hared Docs\MunicipaMOTSEGO\617\ot617mr.doc
$2,400.00
$ 300.00
$2,700.00
Hakanson
Anderson
Assoc., Inc.
N
Comprehensive sanitary sewer study for southwest district
Staff hours: 352 hours $21,120.00
Material and other Service $ 880.00
Fees for comprehensive sanitary sewer study for southwest $22,000.00
Comprehensive water study for southwest district
Staff hours: 130 hours $7,800.00
Material and other Services $1,200.00
Fee for Comprehensive potable water study for southwest $9,000.00
Total engineering fees for study of sanitary sewer
and water facilities related to southwest development
district. $33,820.00
If you have any questions Ron Wagner or myself will be available at the June
26, 2001 council meeting for any discussion on the matter.
Yours truly,
cc: Judy Hudson, Clerk
\\Ha01\Shared Docs\MunicipaMOTSEGO\617\ot617mr.doc
Hakanson
Anderson
Assoc., Inc.
PAY ESTIMATE NO. 4
COP 00-02, Utility Imp. on Quaday Ave. 72nd to 78th Street
COP 00-03, Utility Imp. on 88th St. NE, CSAH 42 to Quaday Ave.
June 19, 2001
Honorable Mayor & City Council
City of Otsego
8899 Nashua Avenue N.E.
Otsego, MN 55330
RE: IP 00-02, Utility Imp. On Quaday Ave., 72nd to 78th Sl.
IP -00-03, Utility Imp. On 88th St. N.E., CSAH 42 to Quaday Ave.
Contractor. S.R. Weidema
Contract Amount: $564.690.70
Award Date: October 10, 2000
Completion Date: Final Completion by June 1, 2001
Dear Council Members:
The following work has been completed on the above referenced project:
PART A - COP 00-02, Utility Imp. on Quaday Ave. 72nd to 78th Street
Bid Schedule "A" - Streets
Item
No.
Spec. Ref. Description
Estimated
Number of
Units
Unit
Unit Price
Used to Date
Extension
1
2021.501 Mobilization
1
LS
$2,365.00
1.00
$2,365.00
2
2101.502 Clearing
5
TREE
$250.00
$194.00
1.00
3
2101.507 Grubbing
5
TREE
$100.00
EACH
$59.60
4
2104.501 Remove and Salvage Concrete Culvert
60
LF
$7.44
60.00
$446.40
5
2104.501 Remove Concrete Curb
80
LF
$2.15
30.00
$64.50
6
2104.503 Remove Bituminous Pavement
1600
SF
$0.15
400.00
$60.00
7
2104.509 Remove Concrete Apron
4
EACH
$80.55
2.00
$161.10
8
2104.513 Sawing Bit Pavement (Full Depth)
140
LF
$3.00
80.00
$240.00
9
2104.521 Salvage & Reinstall Driveway Culvert
28
LF
$9.66
28.00
$270.48
10
2104.521 Salvage & Reinstall Sign
4
EACH
$65.00
2.00
$2,851.00
11
2104.521 Salvage & Reinstall Barbed Wire Fence
365
LF
$3.00
$2,583.00
6.00
12
2104.521 Salvage & Reinstall Mailbox
3
EACH
$80.00
3.00
$240.00
13
2104.521 Salvage & Relocate Woven Wire Fence
315
LF
$3.00
150.00
$450.00
14
2104.521 Salvage & Relocate Barbed Wire Fence
325
LF
$3.00
Random Riprap Class 111
5.9
15
2105.501 Common Excavation (P)
3600
CY
$2.14
3,600.00
$7,704.00
16
2105.507 Salvage & Replace Class 5 Aggregate
1200
CY
$2.05
600.00
$1,230.00
17
2105.535 Salvage & Replace Topsoil
1500
CY
$0.01
1,500.00
$15.00
18
2211.501 Class 5 Aggregate
800
TON
$6.65
897.00
$5,965.05
19
2340.508 Type 41 Wearing Course Mixture
20
TON
$65.00
20
2340.514 Type 31 Base Course Mixture
24
TON
$65.00
21
2531.501 Concrete Curb & Gutter Design B618
80
LF
$20.00
22
2563.601 Traffic Control
1
LS
$1,400.00
1.00
$1,400.00
23
2573.502 Silt Fence, Type Machine Sliced
200
LF
$3.30
100.00
$330.00
24
2575.501 Seeding -Type Lawn Restoration
7
ACRE
$1,400.00
5.60
$7,840.00
25
2575.505 Sodding
90
SY
$4.00
Total - Bid Schedule "A"
Bid Schedule "B"- Storm Sewer
$28781.53
Item
No.
Spec. Ref.
Description
Estimated
Number of
Units
Unit
Unit Cost
Used to Date
Extension
26
2501.515 18" RC Pipe Apron
1
EACH
$354.55
1.00
$354.55
27
2501.602 Trash Guard for 18" Pipe Apron
1
EACH
$194.00
1.00
$194.00
28
2501.602
15" Dia. Concrete Plug
4
EACH
$59.60
4.00
$238.40
29
2502.541
15" RC Pipe Sewer Design 3006 CL V (all depths)
725
LF
$21.62
718.00
$15,523.16
30 1
2503.541
18" RC Pipe Sewer Design 3006 CL V (all depths)
8
LF
$30.66
8.00
$245.28
31
2503.541
30" RC Pipe Sewer Design 3006 CL III (all depths)
1746
LF
$38.95
1,735.00
$67,578.25
32
2503.541
30" RC Pipe Sewer Design 3006 CL V (all depths)
800
LF
$63.80
800.00
$51,040.00
33
2503.602 Connect to Existing Storm Sewer
1
EACH
$423.00
1.00
$423.00
34
2506.501
48" Storm Manhole w/Casting (11.7' and 11.8')
2
EACH
$1,425.50
2.00
$2,851.00
35
2506.501
60" Storm Manhole w/Casting (12.4'to 18')
6
EACH
$2,583.00
6.00
$15,498.00
36
2506.501
72" Storm Manhole w/Casting (9.6' and 7' and 10.7')
3
EACH
$3,080.00
3.00
$9.240.00
37
F2506.501
Furnish and Install Box Structure
1
EACH
$4,486.00
0.90
$4,037.40
38
2511.501
Random Riprap Class 111
5.9
CY
$72.20
5.00
$361.00
Total - Bid Schedule "B"
$167,584.04
shared docs/mumgpaL'aotseg"l-'1ot6156P.xis PE - 1
Pay Estimate 4 6/19/01
PAY ESTIMATE NO. 4
COP 00-02, Utility Imp. on Quaday Ave. 72nd to 78th Street
COP 00-03, Utility Imp. on 88th SL NE, CSAH 42 to Quaday Ave.
RidSriihnduln "r" _ Cnnitvw coma"
CONTRACTOR
Item
No.
Spec. Ref. Description
Estimated
Number of
Units
Unit
Unit Cost
Used to Date
Extension
39
2503.511 12" SDR 26 PVC Pipe (0' - 12')
145
LF
$24.60
153.00
$3,763.80
40
2503.511 12" SDR 26 PVC Pipe (12'- 16')
1126
LF
$24.60
1.126.00
$27,699.60
41
2503.511 12' SDR 26 PVC Pipe (16' - 20')
1263
LF 1
$24.60
1.263.00
$31,069.80
42
2503.602 Conned to Existing Sanitary Sewer
1
EACH
$425.00
1.00
$425.00
43
2503.602 12"X 4" PVC Wye - SDR 26
3
EACH
$118.25
4.00
5473.00
44
2503.602 12" X 6" PVC Wye - SDR 26
1
EACH
$124.40
1.00
$124.40
45
2503.602 4' PVC Plug
4
EACH
$1.00
4.00
54.00
46
2503.602 6" PVC Plug
1
EACH
$4.00
1.00
$4.00
47
2503.603 4" PVC Service Pipe - SDR 26
112
LF
$7.80
123.00
$959.40
48
2503.603 6' PVC Service Pipe - SDR 26
45
LF
$8.65
43.00
$371.95
49
2621.603 24" Steel Casing Pipe (Jacked)
100
LF
$158.00
100.00 1
$15,800.00
50
2506.501 48" Sanitary Manhole w/Casting (0' to 8')
8
EACH
$1.658.00
8.00
$13,264.00
51
2506.603 Extra Depth 48" Sanitary Manhole (over 8')
58.03
LF
$122.80
52.03
$6,389.28
51a
2621 Televising
2534
LF
$0.45
$2,534.00
51,140.30
Total - Bid Schedule "C"
Rid Srhadiila "r1"- Wator q - n-
$101,488.53
Item
No.
Spec. Ref. Description
Estimated
Number of
Units
Unit
Unit Cost
Used to Date
Extension
52
2503.603 6" Sewer Pipe Ductile Iron CL 50
20
LF
$21.00
20.00
$420.00
53
2503.620 Ductile Iron Fittings
635
LB
$1.55
919.00
$1,424.45
54
2504.602 1" Corporation
4
EACH
$28.70
4.00
$114.80
55 1
2504.602 1' Curb Stop & Box
4
EACH
$87.50
4.00
5350.00
56
2504.602 IConned to Existing Watermain
1
EACH
$317.90
1.00
$317.90
57
2504.602 6" Gate Valve and Box
1
EACH
$473.50
1.00
$473.50
58
2504.603 1 1" Copper Pipe
206
LF
$8.00
198.00
$1,584.00
59
2504.605 2" Watermain Insulation
320
SF
$1.30
320.00
$416.00
Total - Bid Schedule "D"
Summary, PART A:
Bid Schedule 'A":
Bid Schedule 'B":
Bid Schedule "C":
Bid Schedule "D":
Total PART A - COP 00-02:
$5,100.65
$28,781.53
$167,584.04
$101,488.53
$5,100.65
$302,954.75
shared docslnwnicipaVaolsego/6151ot6158P.xls PE - 2
Pay Estirnate 4 6/19/01
PAY ESTIMATE NO. 4 CONTRACTOR
COP 00-02, Utility Imp. on Quaday Ave. 72nd to 78th Street
COP 00-03, Utility Imp. on 88th St NE, CSAH 42 to Quaday Ave.
PART B - COP 00-03, Utility Imp. on 88th Street N.E., CSAH 42 to Quaday Ave.
ora c..t.ew,a •o• _ Q-
Item
No.
Spec. Ref. Description
Estimated
Number of
Units
Unit
Unit Cost
Used to Date
Extension
1
2021.501 Mobilization
1
LS
$4,000.00
1.00
$4,000.00
2
2104.501 Remove Concrete Curb
500
LF
$2.05
500.00
$1,025.00
3
2104.501 Salvage & Reinstall Driveway Culvert
65
LF
$6.80
32.00
$217.60
4
2104.503 Remove Bituminous Pavement
1100
SY
$1.15
1,100.00
$1,265.00
5 1
2104.513 ISawing Bit Pavement (Full Depth)
500
LF
$2.50
565.00
$1,412.50
6
2104.523 1 Salvage & Reinstall FES
2
EA
$183.00
1.00
$183.00
7
2104.523 Salvage & Reinstall Sign
1
EA
$65.00
1.00
$65.00
8
2105.501 Common Excavation (P)
4100
CY
$1.30
4,100.00
$5.330.00
9
2105.507 Salvage & Replace Class 5 Aggregate
180
CY
$2.63
180.00
$473.40
10
2105.535 Salvage & Replace Topsoil
1500
CY
$2.54
1,500.00
$3,810.00
11
2211.501 Class 5 Aggregate
135
TON
$6.40
260.50
$1,795.20
12
2340.508 Type 41 Wearing Course
50
TON
$65.00
1.00
$3,400.00
13
2573.501 Bale Checks
50
LF
$3.00
1.00
$3,665.00
14
2575.501 Seeding - Type Lawn Restoration
1
ACRE
$1,400.00
1.30
$1,820.00
Total - Bid Schedule "E"
!91 'AOR 7n
Item
No.
Spec. Ret. Description
Estimated
Number of
Units
Unit
Unit Cost
Used to Date
Extension
15
2501.515 48" RC Pipe Apron
1
EACH
$989.00
1.00
$989.00
16
2501.602 Trash Guard for 48" Pipe Apron
1
EACH
$655.00
1.00
$655.00
17
2501.602 15" Dia. Concrete Plug
1
EACH
$55.65
1.00
$55.65
18
2501.602 27" Dia. Concrete Plug
2 1
EACH
$86.15 1
2.00
$172.30
19
2501.602 30" Dia. Concrete Plug
1
EACH
$94.65
1.00
$94.65
20
2502.541 15- RC Pipe Sewer Design 3006 CL V (all depths)
8
LF
$23.25
8.00
$186.00
21
2503.541 27" RC Pipe Sewer Design 3006 CL III (all depths)
16
LF
$35.80
16.00
$572.80
22
2503.541 30" RC Pipe Sewer Design 3006 CL III (all depths)
8
LF
$53.60
8.00
$428.80
23
2503.541 42" RC Pipe Sewer Design 3006 CL V (all depths)
433
LF
$97.60
447.00
$43,627.20
24
2503.541 48" RC Pipe Sewer Design 3006 CL III (all depths)
550
LF
$79.65
558.00
$44,444.70
25
2506.502 66" Storm Manhole w/Casting (11.6')
1
EACH
$2,830.00
1.00
$2,830.00
26
2506.502 78" Storm Manhole w/2 Castings (7.8')
1
EACH
$3,400.00
1.00
$3,400.00
27
2506.502 84Storm Manhole w/2 Castings (6.6')
1
EACH
$3,665.00
1.00
$3,665.00
28
2506.502 90" Storm Manhole w/2 Castings (6.0')
1
EACH
$3,821.00
1.00
$3,821.00
29
2511.501 Random Riprap Class III
20
CY
$63.25
15.00
$948.75
30
2521.541 Jack -Bore 42" RCP CL III
80
LF
$477.00 1
88.00 1
$41,976.00
41141,000.00
Change Order #1 -Otsego Project 2000-03
25a 2506.502 66" to 72" Storm Manhole wl Castings (MH 18-1) 1 EACH $1,080.00 1.00 $1,080.00
26. 2506.502 78' to 84' Storm Manhole w/ Castings (MH 18-2) 1 EACH $932.00 1.00 $932.00
28a 1 2506.502 90" to 96' Storm Manhole w/ Castings (MH 18-6) 1 1 EACH $967.00 1.00 $967.00
Total - Bid Schedule "F"
$2,979.W
$150,845.85
Item
No.
Spec. Ref. Description
Estimated
Number of
Units
Unit
Unit Cost
Used to Date
Extension
31
2503.511 8" SDR 26 PVC Pipe (12'- 16')
59
LF
$25.55
66.00
$1,686.30
32
2503.511 8" SDR 26 PVC Pipe (16'- 20')
400
LF
$25.55
400.00
$10,220.00
33
2503.511 8' SDR 26 PVC Pipe (201- 24')
384
LF
$25.55
384.00
$9.811.20
34
1 2503.511 8- SDR 26 PVC Pipe (24'- 28')
90
LF
$25.55
90.00
$2,299.50
35
2503.602 lConnect to Existing Sanitary Sewer
1 1
EACH
$794.00
1.00
$794.00
36
2503.602 8" X 6" PVC Wye - SDR 26
2 1
EACH
$56.85
2.00
$113.70
37
2503.602 6- PVC Plug
2
EACH
$3.32
2.00
$6.64
38
2503.603 6" PVC Service Pipe - SDR 26
64
LF
$18.80
63.00
$1,184.40
39
2506.501 48" Sanitary Manhole w/Casting (0' to 8')
3
EACH
$1,658.00
3.00
$4,974.00
40
2506.603 Extra Depth 48" Sanitary Manhole (over 9)
29.3
LF
$122.80
29.30
$3.598.04
40a
2621 Televising
933
LF
$0.45
933.00
$419.85
Total - Bid Schedule "G"
shared docslm niapaUautsego/615/ot615BP.xls PE - 3
Pay Estirnete 4
$35,107.63
6/19/01
PAY ESTIMATE NO. 4
COP 00-02, Utility Imp. on Quaday Ave. 72nd to 78th Street
COP 00-03, Utility Imp. on 88th St. NE, CSAH 42 to Quaday Ave.
Rid Schedule "H" - Water Services
CONTRACTOR
Item
No.
Spec. Ref. Description
Estimated
Number of
Units
Unit
Unit Cost
Used to Date
Extension
41
2503.603 12" Ductile Iron Cl 52
900
LF
$22.65
900.00
$20.385.00
42
2503.603 8' Ductile Iron Cl 52
84
LF
$17.00
84.00
$1,428.00
43
2503.603 6' Ductile Iron CL 52
47
LF
$17.00
50.00
$850.00
44
2503.620 Ductile Iron Fittings
2570
LB
$1.301
2,570.00
$3,341.
45
2504.602 Connect to Existing Watermain
1
EACH
$371.00
1.00
$371.
46
2504.602 6" Gate Valve and Box
4
EACH
S435.00
4.
$1,740.
47
2504.602 8" Gate Valve and Bax
1
EACH
$612.00
1.
$612.00
48
2504.602 12" Butterfly Valve and Box
2
EACH
$878.00
2.00
$1,756.
49
2504.603 Hydrant Extension
2
LF
$422.00
50
2504.603 Salvage 8' DIP
20
LF
$7.30
20.00
$146 -OC
51
2504.602 Salvage 16" x 8" Reducer
1
EACH
$159.00
1.00
$159.
52
2504.602 Salvage 8' DIP Plug
1
EACH
$26.50
1.00
$26.
53
2504.605 2" Insulation
775
SF
$1.00
755.00
$755.DC
54
2504.602 Hydrant
2
EACH
$1,468.00
2.00
$2,936.
55
2621 Relocation of 16" Walennain
1
LS
$4,151.00
1.
$4,151.
56
2621 Temporary Water Service
1
LS 1
$7,280.001
1.001
$7,280.
Total - Bid Schedule "H"
Field Modification 91
$45,936.50
Summary, PART B:
Bid Schedule "E":
Bid Schedule "F":
Bid Schedule "G":
Bid Schedule'H":
Field Modifications
Total PART 8 - COP 00-03:
SUMMARY OF WORK TO DATE:
PART A. Bid Schedules A,8,C,D:
PART 8, Bid Schedules E,F,G.H:
WORK COMPLETED TO DATE:
LESS 2.5% RETAINAGE:
LESS PAY ESTIMATE NO. 1
LESS PAY ESTIMATE NO. 2
LESS PAY ESTIMATE NO. 3
WE RECOMMEND PARTIAL PAYMENT OF:
$21,396.70
$150,845.85
$35,107.63
$45,936.50
$563.50
$253,850.18
$302.954.75
$253,850.18
$556,804.93
$13,920.12
$338,408.35
$174,123.85
$7,255.49
$23,097.12
shared docslmuniapaliaouagol615/ot615BP.xB PE -4
Pay Estimate 4 6/19/01
Est mated
Item
Number of
No.
Spec. Ref.
Description
Units
Unit
Unit Cost
Used to Date
Extension
1
linstall 2 Permanent Barricades
1
LS
$563.50
1.00
$56350
Summary, PART B:
Bid Schedule "E":
Bid Schedule "F":
Bid Schedule "G":
Bid Schedule'H":
Field Modifications
Total PART 8 - COP 00-03:
SUMMARY OF WORK TO DATE:
PART A. Bid Schedules A,8,C,D:
PART 8, Bid Schedules E,F,G.H:
WORK COMPLETED TO DATE:
LESS 2.5% RETAINAGE:
LESS PAY ESTIMATE NO. 1
LESS PAY ESTIMATE NO. 2
LESS PAY ESTIMATE NO. 3
WE RECOMMEND PARTIAL PAYMENT OF:
$21,396.70
$150,845.85
$35,107.63
$45,936.50
$563.50
$253,850.18
$302.954.75
$253,850.18
$556,804.93
$13,920.12
$338,408.35
$174,123.85
$7,255.49
$23,097.12
shared docslmuniapaliaouagol615/ot615BP.xB PE -4
Pay Estimate 4 6/19/01
PAY ESTIMATE NO. 4
COP 00-02, Utility Imp. on Quaday Ave. 72nd to 78th Street
COP 00-03, Utility Imp. on 88th St. NE, CSAH 42 to Quaday Ave.
APPROVALEI
C0K RACTOFk 9,R. VPD@MA
C.It W4M VY rAftn=r.. I OW* Ihet WI ftm Wo b3pMIA Wa t"d for QN work cgRI ww to "a.
11I�: I
own:
ENGINEER: Certification by Engineer. We recommend payment for work and quantities as shown.
HAKANSON SON ASSO IA�TES, /NC
.
Signed:
XTitle:Date:
OWNER:
CITY OF OTSEGO
Signed:
Title: Dale:
shared doWnwwwapaUl tsagd6l So161S8Pxls PE - S
Pay Esfimaar 4 &19/01
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com
% 2
MEMORANDUM
TO: Otsego Mayor and City Council
FROM: Daniel Licht
DATE: 19 June 2001
RE: Otsego - Comprehensive Plan; West Sewer District Amendment
FILE NO.: 802
BACKGROUND
The Otsego City Council is considering planning for a sanitary sewer service district in the
western portions of the community. This west sanitary sewer service district would be
served by a new waste water treatment plant and trunk water facility operated by the City
of Otsego. In planning for these services for this area of the City, many factors must be
considered. Issues such as designation of a sanitary sewer service district, future
expansion areas and proposed land uses are all important considerations in planning a
west sanitary sewer service area.
To ensure that these issues are fully evaluated both in terms of immediate development
potential and the City's long term service and development pattern, the City Council is
considering an amendment to the 1998 Comprehensive Plan. The direction established
by such a Comprehensive Plan amendment would serve as a basis for the necessary
engineering studies and plans for construction of a waste water treatment plant, trunk
sewer collection system and potable water system.
The purpose of this memorandum is to layout a preliminary work program, schedule and
cost estimate for our office to undertake preparation of the comprehensive plan
amendment establishing a west sanitary sewer service district and reserve areas.
Page 1 of 4
PROPOSAL
Work Program. We would propose the following steps as part of work program to amend
the 1998 Comprehensive Plan:
• Tactics and Background Information. Given that the previous Comprehensive
Plan included a detailed identification of issues and inventory, including providing
sewerto western areas of the City, relatively little additional background information
will be required for this effort. We will likely update the existing land use map,
population and household information, building permit data and overall City
population projections.
• Policy Plan. The policy plan included within the 1998 Comprehensive Plan
included goals and policies for the introduction and administration of municipal
utilities to the community. In that these policies are general in nature, they would
also serve to guide implementation of utilities to other areas of the community.
Therefore, relatively few changes to this chapter of the Comprehensive Plan are
anticipated.
• Development Framework. The majority of study and change for this amendment
will focus of the Concept Plan and Land Use Plan elements of the Development
Framework.
The Concept Plan must be revised to provide for a sanitary sewer service district
and service reserve areas for the western portions of the community. Important in
this evaluation is the ultimate service arrangement for the City based on east and
west wastewater treatment plants. The preliminary growth projections for western
Otsego will be refined further to provide a basis for sewer staging areas.
The land use plan must also be revised to designate an urban development pattern
within the planned sanitary sewer service district. A preliminary land use plan has
been prepared and reviewed by the City Council, but not the Planning Commission.
This land use plan may be refined relative to area issues and more specifically
described as part of the document text.
The transportation plan chapter of the Development Framework must also be re-
evaluated to consider future street improvements necessary to access planned
development. Some of these improvements are already identified by the
Comprehensive Plan, but will take on a new priority if urban development occurs.
Funding to construct collector or minor arterial streets in this area is also an issue
in consideration of necessary street improvements in the east sanitary sewer
service district or existing developed areas.
Page 2 of 4
Community facilities such as storm water planning and parks must also be reviewed
in consideration of urban density development for western Otsego.
• Sanitary Sewer and Water Facilities Plans. The process of updating the
Comprehensive Plan and planning sanitary sewer and water system improvements
goes hand-in-hand. An initial service area and land uses must be defined to
establish design parameters for the utility systems. Once the preliminary utility
systems are defined, the cost feasibility may be evaluated. From there, the
Comprehensive Plan elements may be revised accordingly as the City moves to
implement the system.
For Otsego's present sanitary sewer service district, the Comprehensive Plan
elements were completed in a draft form to provide the City's engineers necessary
information to design the utility systems. Once established, the Comprehensive
Plan was revised and adopted based upon the approved system designs that were
believed to be financially viable.
A similar approach should likely be used for this project as well. After the Planning
Commission and City Council have reached a consensus on a draft amendment,
the engineering studies and plans should be completed before finalizing the
Comprehensive Plan amendment.
• Prioritization. A final issue that must be given consideration is the City's priorities
for moving ahead with expansion of the existing wastewater treatment plant and
construction of a newfacility in western Otsego. The City must plan a scenario for
timing these projects both financially and politically. A significant issue is the timing
for submitting permit applications to the MPCA for expansion of the existing plant
to 400,000 gpd. or a second expansion to just less than 1,000,000 gpd. and an
application for a new plant in the west.
Schedule. Moving forward with planning a west Otsego urban service area is a high
priority of the City Council. We would expect to provide a complete draft of the
Comprehensive Plan amendment within two months from the date authorized to proceed
by the City Council. To facilitate reviewing the draft amendment, we would suggest that the
City Council and Planning Commission meet in workshop sessions, which was a very
effective process during the last planning effort.
Finalization of the amendment would depend on the sanitary sewer and water system
facility plans and any changes to the amendment that may result from those studies. As
such, the end date for completion of the project is unknown. Prior to adoption of the
Comprehensive Plan amendment, it would also be advisable to hold a series of public
open houses to discuss the project and implications for area residents.
Page 3 of 4
Budget. Based upon the work program above, we estimate the project to require 100
hours of senior staff time and 50 hours of support staff time. We would estimate a total
cost of $7,700.00, based upon our current City charge rates and a 10 percent contingency
fee. Printing of draft or final plan copies and attendance at workshop, Planning
Commission or City Council meetings or open houses would be billed separate from the
project based on our present technical assistance contract. This arrangement is due to
uncertainties for the size or number of drafts to be provided and number of meetings.
CONCLUSION
The purpose of this memorandum is to outline a preliminary work program, schedule and
budget for preparation of an amendment to the 1998 Otsego Comprehensive Plan
concerning planning for a west Otsego sanitary sewer district. We look forward to the
opportunity to work with the City Council, Planning Commission and other City staff on this
project.
pc. Mike Robertson
Judy Hudson
Page 4 of 4
Michael C. Couri-
Andrew J. MacArthur
Robert T. Ruppe—
'Also licewo%i in «Gnats
'tVso iic&LW w California
June 20, 2001
City Council Members
City of Otsego
8899 Nashua Avenue NE
Elk River, MN 55330
COURT & MACARTHUR
Attorneys at Lav
705 Central Avenue East
PO Box 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
couriandmacarthurgpobox. com
RE: Resolutions Regarding Assessment Hearings- Odean Avenue, 88`h Street and
Slabtown
Dear Council Members:
Please find enclosed for your consideration at Monday night's meeting three resolutions
declaring the cost to be assessed on the above-named projects and ordering preparation of
the assessment roll. Ron Wagner will fill in the blanks prior to Monday's meeting. The
resolution actually ordering the hearings on July 30 will be on for consideration at the
July 9 meeting.
If you have any questions regarding the resolutions or the process please feel free to give
me a call.
Very tru ours,
rew�" acArth
COUR & MACARTHUR
Ends.
cc: Ron Wagner. City Engineer
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.
RESOLUTION DECLARING COST TO BE ASSESSED,
AND ORDERING PREPARATION OF
PROPOSED ASSESSMENT- ODEAN AVENUE
WHEREAS, costs have been determined for the improvement of Odean Avenue
between County Road 39 and County Road 37 Street by grading, aggregate base,
bituminous surfacing, construction of storm sewer improvements; concrete curb
and gutter, bike trails, pavement marking, sign panels, landscaping and turf
establishment. Also referred to as Minnesota State Project No. 217-105-02 (Odean
Avenue) and City of Otsego Project 98-05. The contract (bid) price for such
improvement is $ , and the expenses incurred or to be incurred in the
making of such improvement amount to $ so that the total cost of the
improvement will be $
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA:
The portion of the cost of such improvement to be paid by the City is
hereby declared to be $ and the portion of the cost to be
assessed against benefited property owners is declared to be $
2. Assessments shall be payable in equal annual installments extending over a
period of years, the first of the installments to be payable on or
before the first Monday in January, 2002 (year), and shall bear interest at
the rate of percent per annum from the date of the adoption of
the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer, shall forthwith
calculate the proper amount to be specially assessed for such improvement
against every assessable lot, piece or parcel of land within the district
affected, without regard to cash valuation, as provided by law, and he shall
file a copy of such proposed assessment in his office for public inspection.
4. The Clerk shall upon completion of such proposed assessment, notify the
Council thereof.
Adopted by the Otsego City Council this day of , 2001.
IN FAVOR:
OPPOSED:
Judy Hudson, City Clerk
2
CITY OF OTSEGO
Larry Fournier, Mayor
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.
RESOLUTION DECLARING COST TO BE ASSESSED,
AND ORDERING PREPARATION OF
PROPOSED ASSESSMENT- 88' STREET
WHEREAS, costs have been determined for the improvement of 88`h Street
between CSAH 42 and Quaday Avenue by grading, aggregate base, bituminous
surfacing, construction of storm sewer improvements, concrete curb and gutter,
sanitary sewer, watermain, pavement marking, and landscaping and turf
establishment. Also referred to as City of Otsego Project 00-03. The contract (bid)
price for such improvement is $ , and the expenses incurred or to be
incurred in the making of such improvement amount to $ so that the
total cost of the improvement will be $
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA:
1. The portion of the cost of such improvement to be paid by the City is
hereby declared to be $ and the portion of the cost to be
assessed against benefited property owners is declared to be $
2. Assessments shall be payable in equal annual installments extending over a
period of years, the first of the installments to be payable on or
before the first Monday in January, 2002 (year), and shall bear interest at
the rate of percent per annum from the date of the adoption of
the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer, shall forthwith
calculate the proper amount to be specially assessed for such improvement
against every assessable lot, piece or parcel of land within the district
affected, without regard to cash valuation, as provided by law, and he shall
file a copy of such proposed assessment in his office for public inspection.
4. The Clerk shall upon completion of such proposed assessment, notify the
Council thereof.
Adopted by the Otsego City Council this day of , 2001.
IN FAVOR:
OPPOSED:
Judy Hudson, City Clerk
2
CITY OF OTSEGO
Larry Fournier, Mayor
Michael C. Couri-
�' Andrew J. MacArthur
' Robert T. Ruppe-
!4Lv lwvuei in IM -Lou
..Avo lKmued 4n Calijomia
June 20, 2001
City of Otsego
Attn: City Administrator
8899 Nashua Avenue NE
Elk River, MN 55330
COURT & MACARTHUR
Attornevs at Law
705 Central Avenue Eact
PO Box 369
St. Michael, MN55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
couriandmacarthur®pobox. com
Re: City of Otsego; Verizon Water Tower Lease Agreement
Dear City Council Members.-
As
embers:
As you are aware, this office provided the City's generic water tower lease
agreement to representatives of Verizon Wireless. Verizon's attorneys have reviewed the
City's agreement and have proposed several changes for the council's consideration.
Enclosed is a redlined version which compares the City's original generic lease
agreement with the changes proposed by Verizon. As you can see from the relined
agreement, most of the changes are clerical. I have identified the non -clerical alterations
below. I have also enclosed a copy of Verizon's proposed Memorandum of Site Use
Agreement for the Council's consideration.
Paragraph 1. Verizon Wireless states that they need exclusive use of certain space on the
water tower for its antennas and space on the ground for its equipment building. I do not
believe that this is a big issue depending on how Verizon defines the term "exclusive
use." I have attempted to contact Verizon's representative, Mr. Jim Nelson, to clarify this
issue.
Paragraph 2. The initial five year term commences on the issuance of a building permit
to Verizon rather than on the date the agreement is executed by the City. Verizon further
requests that the Council consider modifying the agreement to allow them to extend the
lease from two (2) additional five year terms to four (4) additional five year terms.
Paragraph 4. The site use fee proposed by Verizon is $12,000 per year with 5% yearly
increases.
Paragraph 5. Verizon requests that it have the right to terminate the lease agreement if
they determine that the property is no longer technically compatible for its intended use.
City of Otsego
June 20, 2001
Page 2
I believe that this language needs to modified as it gives Verizon the ability to
unilaterally cancel the lease agreement by asserting this clause without first defining what
they mean by "no longer technically compatible." The language proposed by the City
was that Verizon could cancel the lease agreement if it was "unable to use the Site for its
intended purpose." Thus, under the language proposed by the City, if Verizon could still
use the water tower even if it was not the latest technology Verizon would still be
obligated under the lease agreement.
Paragraph 6. Verizon wishes to delete subpart B. Specifically, Verizon claims that the
right of entry provision should be deleted because it conflicts with other access
provisions. I do not believe that this is so and would suggest to the Council that this
language be kept so that the City would be apprised should anyone enter on to its land. I
deem this necessary from both a safety and liability concerns.
Paragraph 8. Verizon proposes to submit detailed construction plans at the time of its
building permit application. This conflicts with the City's proposal which would require
Verizon to 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. I would advise the City not to agree to Verizon's proposed changes as would limit
the City's ability to control both the location and type of equipment that is placed on its
water tower. Further, as the City is also leasing space to other companies, the city needs
to make sure that Verizon's proposed use is compatible with existing tenants equipment
and location prior to entering into a binding lease agreement with Verizon.
Paragraph 16. Verizon has proposed that language be added to the agreement that would
provide a mutual waiver of subrogation. Specifically, Verizon proposes that the parties
waive any rights of action for negligence against the other which may arise on account of
damage to the water tower or property resulting from fire or other casualty of the kind
covered by an extended fire insurance policy. Under this proposed change, should a fire
occur at the site, the City is agreeing not to file a lawsuit against Verizon even if
Verizon's employees or equipment caused the fire. The same would be true with respect
to Verizon should the City's employees or equipment cause a fire.
My primary concern with this proposed change is that it leaves the City open to liability
claims from other businesses which lease space on the water tower and whose equipment
may be damaged and/or businesses interrupted by the fire. Even if the water tower file
was caused by the sole negligence of Verizon's employees or equipment, these
businesses may still file a lawsuit against the City and, should the City agree to Verizon's
proposed changes, the City would be precluded from asserting a cross-claim against
City of Otsego
June 20, 2001
Page 3
Verizon for any damage award against the City or for any costs or legal expenses
incurred by the City as a result of the lawsuit or fire.
Paragraph 16. Verizon's proposed language would also require the City to obtain, at its
own expense, comprehensive general liability and property liability insurance with
liability limits of not less than $1,000,000 for injury to or death of one or more persons in
any one occurrence and $500,000 for damage or destruction to property in any one
occurrence.
Paragraph 22. Verizon's proposed modification would make this paragraph dependent on
the applicability of M.S. § 16C.05 Subd. 5.
Paragraph 23. Verizon's proposed modification would allow Verizon to assign the water
tower lease agreement to any entity which acquires all or substantially all of Verizon's
assets in the market as defined by the FCC by reason of merger, acquisition or other
business reorganization.
Paragraph 26. Verizon's proposed modification changes subparagraph B to allow
Verizon to terminate the lease agreement if it is forced to remove its equipment.
Paragraph 26. Verizon also proposes to delete the provision that would allow both
parties to terminate the agreement with or without cause upon serving the other party
with six months written notice of intent to cancel. Should the City Council adopt this
modification, it would limit the City's ability to terminate the lease agreement should
there arise any potential conflicts or disputes with Verizon.
Paragraph 28. Verizon deleted the interference clause because they believe it conflicted
with other interference provisions. Upon review of the lease agreement, I do not agree
with Verizon's statement. I believe that the City should retain the clause that the City
"shall not be responsible for any interference which impairs the quality of the
communication services being rendered by COMMUNICATIONS COMPANY from the
antennae." This language is an added measure of protection for the City from any
potential lawsuits.
Paragraph 34. Verizon wishes to added a paragraph that the City agrees to sign a
Memorandum of Site Use Agreement which Verizon may record with the "appropriate
Recording Officer." This document incorporates Verizon's proposed changes to the lease
agreement and will have to be modified consistent with the Council's position on the
issues raised by this letter. Please note that the memorandum makes reference not only to
Verizon leasing space on the City's water tower but also land sufficient for the
installation of an equipment building. This leasing of land adjacent to the water tower for
City of Otsego
June 20, 2001
Page 4
an equipment building was not contemplated in the original lease agreement. Please see
Exhibit B 1 attached to the Memorandum for the proposed location of the equipment
building.
I will continue to attempt to contact Jim Nelson in an attempt to clarify and
hopefully resolve some of the issues raised by this letter. 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
CAB*WtsegmWa To L. Vm Wrdw\LctW W Co it m Ve 1 Jie ehwgm.doc
MrN PARSON
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 Verizon Wireless (VAW) LLC d/b/a
Verizon Wireless. a limited liability company orzanized and existing under the laws of
Delaware,-aFper-atien, hereinafter referred to as
"COMMUNICATIONS COMPANY";. The CITY and COMMUNICATIONS COMPANY
are at times collectively referred to hereinafter as the "Parties" or individually as the "Party'.
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, COMMUNICATIONS COMPANY 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
COMMUNICATIONS COMPANY 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 COMMUNICATIONS COMPANY 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 COMMUNICATIONS COMPANY n4R-exclusive use of a certain space
upon said Water Tower, subject to any and all existing easements and restrictions not
inconsistent with the rights granted in this Agreement, including the installation,
operation, and maintenance of the antennae and the storage of the equipment. The
location and orientation of COMMUNICATIONS COMPANY equipment on the
Tower and Site is as set forth on the attached Exhibit B, which is incorporated herein by
this reference.
2. TERM
This Agreement shall be effective as of the date of execution by both parties. however
notwithstanding any prior payment of Site Use Fees pursuant to Subparagraph 4(E)
425436/2
below, the initial term ("Term") shall be for five (5) vears and shall commence on the
first 0 st) day of the month following the date this Agreement is executed by both
parties or the first (1st) day of the month following the date Tenant isgranted a buildine
permit by the governmental agency charged with issuing such permits whichever event
occurs last ("Commencement Date" ).This ,, ^bmemo^* shall be f r a initial *effn 4�,.�
(5) y aFs be;.,,,:,,- ,,, the date exe-e ted by the r-rTv After the initial term,
COMMUNICATIONS COMPANY will be able to extend for PA,a-four (�4) additional
thfee-five (9�5) year terms, provided COMMUNICATIONS COMPANY gives written
notice of intent to CITY, ninety (90) days prior to the expiration of the then current
term.
425436/ 2
3. CONSTRUCTION
COMMUNICATIONS COMPANY 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 COMMUNICATIONS COMPANY's use of the CITY
Site and Tower. COMMUNICATIONS COMPANY's installation shall be constructed
in conformance with design specifications approved by the CITY pursuant to Exhibit B
attached hereto. CITY shall cooperate with COMMUNICATIONS COMPANY and
execute all documents required to permit COMMUNICATIONS COMPANY's intended
use of the Site in compliance with zoning, land use, and building regulations.
4. INITIAL AND RENEWAL TERM
A. The site use fee through , December 31. 2001 shall be
Q 12 000.00.
B. Commencing , January 1. 2002 the Site Use Fee for each subsequent
calendar year throughout the term of this Agreement, including any extensions.
shall be increased by -�5%.
C. The CITY and COMMUNICATIONS COMPANY may also negotiate charges
for other services and installations, not set forth in Exhibit B, by an addendum to
this Agreement.
D. As provided in paragraph C above, the CITY and COMMUNICATIONS
COMPANY may, agree to the installation of additional equipment at rates in
effect at the time of installation, which when agreed to and set forth in writing by
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 st) 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 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
425436/2 3
Elk River, MN 55330
5. GOVERNMENTAL APPROVAL CONTINGENCY
COMMUNICATIONS COMPANY's right to the use of the Site is expressl, made
contingent upon COMMUNICATIONS COMPANY obtaining all necessary certificates.
permits, zoning or other approvals that may be required by the City, County. State, or
Federal governments for use of the COMMUNICATIONS COMPANY equipment,
antennas, utilities, etc. CITY agrees to cooperate with COMMUNICATIONS
COMPANY and other governmental units to obtain all such approvals. In the event that
any certificate, permit, license or other approval required or issued is not approved or is
subsequently cancelled, expires, lapses or is otherwise withdrawn or terminated by any
governmental authority, not due to any act or omission by COMMUNICATIONS
COMPANY, or the COMMUNICATIONS COMPANY determines that the Property is
no longer technically compatible for its intended use, so that rnr � rr rttrTr, n rrn�.rc
C__Q_4_.4_:R.444W- _ is t -i -n -RI to taip;e-t#,a Sit@ feF its jF1t@Hdedp4FPeS@, then
COMMUNICATIONS COMPANY shall have the richt to terminate this
Asreemente^ntn,.t thR- (-4 , and roniiont tp=in;Uipn 444in agfeomont it+t,+r44 , ti.a
Teated a4 tl}eS eke det}a-etl �—T.
6. USE
A. COMMUNICATIONS COMPANY may use the Tower and Site for the sole
purpose of constructing, installing, removing, replacing, maintaining and
operating a commercial wi�tiommunications in
accordance with Exhibit B.
�4 Subject to the provisions of Exhibit C (Site Access Procedures) attached hereto,
CITY shall provide COMMUNICATIONS COMPANY with twenty-four (24)
hour, seven (7) day a week, year-round access to the Site subject to the City's
right to limit access to the Tower in cases of emergency or at times when the City
is conducting repairs or maintenance on the Water Tower. The City shall use
reasonable efforts to minimize the disruption of COMMUNICATIONS
COMPANY'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 COMMUNICATIONS COMPANY if the City incurs any
costs associated with providing COMMUNICATIONS COMPANY access to
Water Tower, Property or Equipment Shelter except in those cases where cost is
incidental to City obtaining access for its own purposes unrelated to
COMMUNICATIONS COMPANY'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 COMMUNICATIONS COMPANY services where
425436/2 4
the interruption is due to an emergency or performance of maintenance and
repairs on the Tower.
�.d.dil
Mar
• �• �.. •
RL MILT
,19-C. COMMUNICATIONS COMPANY may operate, drive and temporarily park
vehicles of any kind on said Site in order to transport equipment, supplies,
materials and personnel in connection with the accomplishment of any or all of
the foregoing purposes.
€Q. COMMUNICATIONS COMPANY may temporarily store equipment,
materials or supplies on said Site in order to accomplish any or all of the
foregoing purposes.
-E. COMMUNICATIONS COMPANY may install utilities, for the benefit of
COMMUNICATIONS COMPANY, at COMMUNICATIONS COMPANY's
sole cost and expense, and make improvements to the present utilities on the Site.
COMMUNICATIONS COMPANY may request utility easements for the
installation of such facilities. Such requests shall be made by
COMMUNICATIONS COMPANY in writing to the CITY, which approval shall
not be unreasonably withheld. COMMUNICATIONS COMPANY shall
coordinate any such utility installation or improvements, in advance, with the
CITY in accordance with the terms of this agreement and Exhibit C attached
hereto. COMMUNICATIONS COMPANY shall be responsible to pay al
installation and recurring charges for utilities installed or improved for the benetit
of COMMUNICATIONS COMPANY.
6-F. COMMUNICATIONS COMPANY may have ingress and egress over, across,
upon and through said Site in order to accomplish any or all of the aforesaid
purposes. Any access easements rented to COMM. UNICATIONS COMPANY
shall terminate upon termination of this Antennae Site Use Agreement and
425436/2 5
COMMUNICATIONS COMPANY agrees to execute any and all documents
necessary to remove the easement from the Property.
9-. G. The color of the antennae and any equipment placed on the Tower shall match
the color of the Tower.
1-.H. 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 COMMUNICATIONS COMPANY.
I. The antennae and the related equipment shall remain the property of
COMMUNICATIONS COMPANY, 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 COMMUNICATIONS COMPANY.
COMMUNICATIONS COMPANY 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
COMMUNICATIONS COMPANY 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 apple to
any and all new sites added to this Agreement unless specifically modified by written
addendum.
8. COMMUNICATIONS COMPANY CONDITIONS
This use is granted subject to the following conditions:
A. COMMUNICATIONS COMPANY shall submit to the CITY a detailed
technical site plan, including location of utilities, equipment placement
drawings, frequencies, ERP calculations, and antenna wind load calculations,
which must be approved by the CITY prior to p=«czatiei4 o= t is b
construction. Said technical site plans and specifications shall become
ap rt OExhibit B.
B. COMMUNICATIONS COMPANY shall not make any Material Modifications
or changes to its equipment, beyond those approved in Exhibit B, on the Site or
42543612
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 COMMUNICATIONS COMPANY equipment as listed on Exhibit
B shall be provided and paid for by COMMUNICATIONS COMPANY.
COMMUNICATIONS COMPANY shall be solely responsible for the
installation, maintenance and repair of COMMUNICATIONS COMPANY
equipment during the term of this Agreement and any extensions.
E. COMMUNICATIONS COMPANY shall maintain the antennae and equipment
in good condition at all times, at its sole cost and expense.
COMMUNICATIONS COMPANY 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,
COMMUNICATIONS COMPANY shall have the antennae, related equipment
and Tower inspected by a Registered Civil Engineer and provide the City with a
copy of the inspection report. If COMMUNICATIONS COMPANY fails to do
so, and such failure creates a risk of damage or injury to persons or property (as
determined in the reasonable discretion of the City), the City may take such
steps as it determines to be necessary to protect persons or property; including
removal of the antennae and related equipment. COMMUNICATIONS
COMPANY shall reimburse the City for any costs incurred in connection with
assuring compliance with the provisions of this paragraph; including any
attorneys, engineer's or expert fees, administrative expenses and costs of
restoring the Tower and the Property to their original condition. If
CONDAI NICATIONS COMPANY fails to pay the CITY for such costs within
thirty (30) days of a demand by the CITY for payment, the CITY at its election
may terminate this Agreement and retain the total payment of the current years
rent. These remedies are nonexclusive, and the CITY expressly reserves its
rights to pursue any and all available legal or equitable remedies.
F. All COMMUNICATIONS COMPANY and all CITY radio communications
equipment which now exists on said Tower or which may be placed at the Site
shall be installed, operated and maintained in accordance with all applicable
425436/2 7
rules and regulations established by Federal Communications Commission
(FCC).
G. COMMUNICATIONS COMPANY shall separately meter and pay all electric
and other utility services that are associated with omits use of the Property and
the Tower. The City agrees to cooperate with COMMUNICATIONS
COMPANY in its efforts to connect the antennae and related equipment to
existing utility service at COMMUNICATIONS COMPANY's expense. The
City makes no representation or warranty regarding the availability of electric
or other utility service to the Tower. CO.NfMUNICATIONS COMPANY shall
have the right to install utilities, at COMMUNICATIONS COMPANY's
expense, and to improve the present utilities on the Property. The City shall not
be liable, and CONIMMUNICATIONS COMPANY waives any and all claims
against the CITY, for any interruption of electrical or other utility services to
the Property, Antennae or Equipment Shelter.
H. COMMUNICATIONS COMPANY shall cooperate with CITY and execute all
documents required pursuant to this Agreement or to permit
COMMUNICATIONS COMPANY's intended use of the Site in compliance
with zoning, land use, and building regulations.
I. COMMUNICATIONS COMPANY 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.
COMMUNICATIONS COMPANY shall not use, nor shall COMMUNICATIONS
COMPANY 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
applicable federal limitsspee-ifi 4--n-1"' C. -$ § as amended.
COMMUNICATIONS COMPANY and CITY shall promptly make any necessary
adjustments or repairs should their equipment, due to maladjustment, defects or failures,
cause harmful interference to other radio communications equipment at the Site, or
result in radio-frequency radiation exposure levels at, or adjacent to, the Site to be in
excess of the federal limits -speeified-iR4;LG-F-R12--.§ 1.1319, a&,iRwp4e.4. Assignment of
responsibility for excessive radio-frequency radiation exposure levels at, or adjacent to,
4254362 g
the Site, or harmful interference not due to equipment maladjustment, defects or failure;
shall be in accordance with the following:
425436/2
A. Commercial users shall bear primary responsibility to rectify excessive radio-
frequency radiation exposure levels at, or adjacent to, the Site, or harmful
interference caused by their equipment, or a combination of their equipment, to
governmental systems at the Site.
B. Governmental system users shall bear secondary responsibility to rectify
excessive radio-frequency radiation exposure levels at, or adjacent to, the Site, or
harmful interference caused by their equipment to commercial users at the Site.
C. The commercial user with the most recent installation or modification shall bear
primary responsibility to rectify excessive radio-frequency radiation exposure
levels at, or adjacent to, the Site, or harmful interference caused by that
installation or modification to pre-existing commercial users. Pre-existing
commercial users shall bear 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.
COMMUNICATIONS COMPANY 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' . §§ ' .1397 .,.,,a 4 , : 19,
amendedfederal reeulations.
10. ACCESS
425436/2 10
COMMUNICATIONS COMPANY shall adhere to all Site access procedures as
described in Exhibit C, attached hereto and incorporated herein by this reference. All
Site access procedures or modifications must be approved by and coordinated with the
CITY which has primary use and control of the Site.
11. RELOCATION OF COMMUNICATIONS COMPANY EQUIPMENT
The CITY reserves the right to require relocation of COMMUNICATIONS COMPANY
equipment elsewhere upon the Tower or the Site based on a reasonable determination by
the CITY that space or capacity occupied by COMMUNICATIONS COMPANY on the
Tower and/or Site is needed for governmental uses.. Upon written notice by the CITY,
COMMUNICATIONS COMPANY shall relocate said equipment to another location on
the Tower and/or Site acceptable to the CITY within ninety (90) days, and
COMMUNICATIONS COMPANY shall bear the sole expense of said relocation.
Refusal or inability of COMMUNICATIONS COMPANY to relocate its equipment to a
suitable location shall ^^^Stitute default and sbe grounds for cancellation of this
Agreement pursuant to Paragraph 26 B. 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 COMMUNICATIONS COMPANY 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 COMMUNICATIONS
COMPANY and pay COMMUNICATIONS COMPANY the remaining balance of any
pre -paid quarterly Site Use Fee; or
(b) To have repaired, restored or rehabilitated the Site or Tower at no expense to
COMMUNICATIONS COMPANY. COMMUNICATIONS COMPANY's rent
payments shall be abated until the Site or Tower is sufficiently repaired, restored, or
rehabilitated for C ONWUNI CATIONS COMPANY to resume its use of the Tower and
Site under this AL-reement.
(c) In case of such destruction of or damage to the Site or Tower,
COMMUNICATIONS COMPANY shall also have the right to terminate this
Agreement upon thirty (30) days notice to CITY, and receive the remaining balance of
42543611
any pre -paid quarterly site Use Fee on a pro -rated basis.
The CITY shall not be responsible to COMMUNICATIONS COMPANY for damage or
destruction of COMMUNICATIONS COMPANY equipment or other personal property
in, on, or about the Site or Tower unless caused by the negligent or willful acts of the
CITY, its agents, contractors or employees.
14. INDEPENDENT CONTRACTOR
COMMUNICATIONS COMPANY shall select the means. method. and manner of
performing the services herein. Nothing is intended or should be construed in any
manner as creating or establishing the relationship of co-partners between the parties
hereto or as constituting COMMUNICATIONS COMPANY as the agent,
representative, or employee of the CITY for any purpose or in any manner whatsoever.
COMMUNICATIONS COMPANY is to be and shall remain an independent contractor
with respect to all services performed under this Agreement. COMMUNICATIONS
COMPANY represents that it has or will secure at its own expense all personnel
required in performing services under this Agreement. Any and all personnel of
COMMUNICATIONS COMPANY or other persons while engaged in the performance
of any work or services required by COMMUNICATIONS COMPANY under this
Agreement shall have no contractual relationship with the CITY, and shall not be
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
COMMUNICATIONS COMPANY, its officers, agents, contractors, or employees shall
in no way be the responsibility of the CITY. Unless caused by the CITY's negligence
or willful misconduct, COMMUNICATIONS COMPANY shall defend, indemnify, and
hold the CITY, its officers, agents, and employees harmless from any and all such
claims including, but not limited to, payment of all necessary costs, disbursements and
attorney's fees. Such personnel or other persons shall neither require nor be entitled to
any compensation, rights, or benefits of any kind whatsoever from the CITY, including,
without limitation, tenure rights, medical and hospital care, sick and vacation leave,
Workers' Compensation, Re-employment Insurance, disability, severance pay, and
Public Employees Retirement Association benefits.
15. INDEMNIFICATION AND INSURANCE
A. COMMUNICATIONS COMPANY agrees to defend, indemnify, and hold
harmless the CITY, its elected officials, officers, agents, volunteers and
employees from any liability, claims, causes of action, judgments, damages,
losses, costs, or expenses, including costs, disbursements and attorney fees,
resulting directly or indirectly from any act or omission of
COMMUNICATIONS COMPANY, anyone directly or indirectly employed by
425436/2 12
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 COMMUNICATIONS COMPANY to perform fully,
in any respect, all obligations under this contract.
B. COMMUNICATIONS COMPANY agrees at all times during the term of this
Agreement, and beyond such term when so requested, to have and keep in force
insurance, either under a self-insurance program or separate insurance policy, as
follows:
LLL—(!) General Liability shall list the City of Otsego as an
additional insured with the following insurance limits:
(2) Automobile Liability – Combined single limit each
occurrence for bodily injury and property damage covering
owned, non -owned and hired automobiles - $1,000,000
(3) Workers' Compensation and Employer's Liability:
Limits
(a) Workers' Compensation: Statutory
If the Contractor is based outside the State of
Minnesota, coverage must apply to Minnesota
laws.
Limits
General Aggregate
$1,000,000
Products -Completed
Operations Aggregate
$1,000,000
Personal and Advertising Injury
$1,000,000
Each Occurrence -
$100,000
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 - $1,000,000
(3) Workers' Compensation and Employer's Liability:
Limits
(a) Workers' Compensation: Statutory
If the Contractor is based outside the State of
Minnesota, coverage must apply to 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
425436n 13
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
425436n 13
responsibility of COMMUNICATIONS COMPANY to determine the
need for and to procure additional coverage that may be needed in
connection with this Agreement.
COMMUNICATIONS COMPANY shall not commence work on the 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. COMMUNICATIONS COMPANY also agrees that any contract let by
COMMUNICATIONS COMPANY for the performance of the work on the Site
or Tower as provided herein shall include clauses that will: (1) Require the
Contractor to defend, indemnify, and hold harmless the CITY, its elected
officials, officers, agents and employees from any 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: $5007000 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:
425436/2 14
16
17
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 COMMUNICATIONS COMPANY's Contractor(s) to
purchase additional insurance that may be necessary for the project -
D. The Parties herebv waive anv and all rights of action for nezliaence aLyainst the
other which may hereafter arise on account of damage to the premises or to
property, resulting from any fire, or other casualtv of the kind covered by
standard fire insurance policies with extended coverage regardless of whether or
not, or in what amounts. such insurance is now or hereafter carried by the Parties.
or either of them. CITY agrees that it will maintain at its own cost and expense
comprehensive izeneral liability and property liability insurance with liability
limits of not less than $1.000.000 for injury to or death of one or more persons in
any one occurrence and $5.00.000 for damaee or destruction to orooert`* in ani
one occurrence.
TAXES
COMMUNICATIONS COMPANY will pay all personal and real estate property taxes
assessed against COMMUNICATIONS COMPANY'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
CON2v UNICATIONS COMPANY to pay such property taxes.
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 COMMUNICATIONS COMPANY intended use. Further the
425436/2 15
CITY makes no warranty as to the condition or safety of the Site for
COMMUNICATIONS COMPANY employees, agents or independent contractors,
other than the warranties contained in Paragraph 2-;26, Hazardous Substances, of this
Agreement. Any such determination and liability resulting thereof shall be the sole
responsibility of CON vfUNICATIONS COMPANY.
18. GOVERNMENT APPROVALS
It shall be the sole responsibility of COMMUNICATIONS COMPANY to apply for and
obtain all governmental approvals necessary for COMMUNICATIONS COMPANY
intended use. The CITY agrees to cooperate with COMMUNICATIONS COMPANY
in obtaining, at COMMUNICATIONS COMPANY expense, all licenses, permits and/or
governmental approvals necessary for COMMUNICATIONS COMPANY 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
If to COMMUNICATIONS COMPANY to:
Verizon Wireless (VAW) LLC
d/b/a Verizon Wireless
180 Washincton Vallev Road
Bedminster. New Jersev 07921
Attention: Network Real Estatete te:
425436/2 16
21. DATA PRIVACY
COMMUNICATIONS COMPANY and CITY agree to abide by all applicable State and
Federal laws and regulations concerning the handling and disclosure of private and
confidential information concerning individuals and/or data including but not limited to
information made non-public by such laws or regulations.
22. RECORDS - AVAILABILITY
A -,If required by Minn. Stats. § 16C.05 Subd. 5, COMMUNICATIONS COMPANY
agrees that the CITY, the State Auditor, the Legislative Auditor, or any of their duly
authorized representatives, in the event that any dispute arises between the parties to this
Agreement regarding payment by COMMUNICATIONS COMPANY to the CITY,
upon 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 parry without the express written authorization of
C ON24UNI CATIONS COMPANY or by court order. This audit provision shall be
effective during the term of this Agreement and for six years thereafter.
23. NON -ASSIGNMENT
COMMUNICATIONS COMPANY binds itself, its partners, successors, assignees,
subcontractors, and legal representatives to the CITY in respect to all covenants,
agreements and obligations contained in the Agreement. Neither this contract nor any
rights or duties hereunder may be assigned or delegated by the CITY or by
CON04UNICATIONS COMPANY without the prior written consent of the other party.
-Such consent shall not be unreasonably withheld or delaved. Any assignment or
delegation in violation of this section shall be void. Notwithstanding the foregoing,
COMMUNICATIONS COMPANY reserves the right to assign this contract or any
rights or duties under this contract to any affiliated company or subsidiary of
COMMUNICATIONS COMPANY or to a company which results due to the merger of
C ONRVFUNI CATIONS COMPANY with another company or to anv entity which
acquires all or substantially all of COMMUNICATIONS COMPANY's assets in the
market defined by the Federal Communications Commission in which the Property is
located by reason of a meraer acquisition or other business reorganization.7 In the event
that COMMUNICATIONS COMPANY elects to assign this contract_; -or any rights or
duties under this contract,
425436/2 17
as allowed above, it shall give the CITY ninety (90)
days' written notice preceding said assignment.
Upon notification to CITY of any assignment, and receipt of CITY's prior consent
where appropriate, COMMUNICATIONS COMPANY shall be relieved of all
performance, liabilities and obligations under this Agreement. No subcontract,
however, shall relieve COMMUMCATIONS COMPANY of its liabilities and
obligations under this Agreement. Further, COMMUNICATIONS COMPANY shall be
fully responsible for the acts, omissions, and failures of its subcontractors in the
performance of the herein -specified contractual services, and of persons directly or
indirectly employed by subcontractors. Contracts between C ONPJUNI CATIONS
COMPANY 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 COMMUNICATIONS COMPANY, the assignee and the CITY.
Nothing in the contract document shall create any contractual relationship between the
CITY and COMMUNICATIONS COMPANY's employees, subcontractors and their
agents and employees or any other parties furnishing commodities and /or services to
CON 4UNICATIONS COMPANY 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
COMMUNICATIONS COMPANY will not allow any mechanics' or materialmen's
liens to be placed on the Site as a result of its work on the Site and
CON AUNICATIONS COMPANY shall indemnify and hold harmless the CITY and
the Site forever free and clear from all liens for labor and material furnished by
COMMUNICATIONS COMPANY or a contractor of COMMUNICATIONS
COMPANY and not the CITY. Said duty to hold harmless and indemnify CITY
includes, but is not limited to, costs, expert fees, disbursements and attorney's fees.
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.
425436/2 18
B. Any alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an
amendment to this Agreement signed by the parties hereto.
C. COMMUNICATIONS COMPANY's or the CITY's failure to insist upon strict
performance of any provision or to exercise any right under this Agreement shall
not be deemed a relinquishment or waiver of the same, or a modification of this
Agreement, unless consented to in writing. Such consent shall not constitute a
general waiver or relinquishment throughout the entire term of the Agreement.
unless specifically so stated, consistent with terms and conditions of this
Paragraph.
26. DEFAULT AND CANCELLATION
A. A. If COMMUNICATIONS COMPANY fails to perform any of the
provisions of this Agreement or so fails to administer the work as to endanger the
performance of the Agreement, this shall constitute a default. Upon written
notice by the CITY, COMMUNICATIONS COMPANY shall have sixty (60)
days to cure said default. If such default is capable of being cured, but not
capable of being cured within sixty (60) days, this Agreement may not be
terminated so long as COMMUNICATIONS COMPANY provides 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 COMMUNICATIONS COMPANY. The CITY shall, based on the
COMMUNICATIONS COMPANY written response, grant a reasonable
extension of time to complete cure of said default. Said extension shall not
exceed ninety (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.
The CITY may, based on a reasonable determination by the CITY that Tower
and/or Site capacity utilized by C ON24UNI CATIONS COMPANY is needed for
governmental uses, and if COMMUNICATIONS COMPANY carnet -will not
relocate its equipment to an alternate location approved by the CITY pursuant to
Paragraph 4-9-11 of this Agreement, cancel this Agreement upon serving
COMMUNICATIONS COMPANY with six (6) months written notice of
cancellation. In the event of such cancellation, COMMUNICATIONS
COMPANY shall remove all property and equipment, including the antennae and
all personal property and trade futures installed or owned by
COMMUNICATIONS COMPANY from the Tower and Site, and
COMMUNICATIONS COMPANY shall further remove all debris and restore
any and all damage to the Tower and Site caused by such removal. In the event of
such cancellation, and upon removal of all COMMUNICATIONS COMPANY
4254362 19
equipment from the Site, COMMUNICATIONS COMPANY shall be refunded
pro rata any pre -paid Site Use Fees. The CITY shall not be liable for any costs
incurred by COMMUNICATIONS COMPANY to remove its equipment or to
relocate to another site.
C. In the event COMMUNICATIONS COMPANY fails to so remove anv
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 COMMUNICATIONS COMPANY's sole cost
and expense. If COMMUNICATIONS COMPANY 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 COMMUNICATIONS
COMPANY until COMMUNICATIONS COMPANY has reimbursed the City
for all expenses related to removing the antennae and the equipment and
returning the property and the Water Tower to their original condition.
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 COMMUNICATIONS COMPANY harmless from and indemnify
CON94UNICATIONS COMPANY 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
425436/2 20
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C. In the event COMMUNICATIONS COMPANY fails to so remove anv
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 COMMUNICATIONS COMPANY's sole cost
and expense. If COMMUNICATIONS COMPANY 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 COMMUNICATIONS
COMPANY until COMMUNICATIONS COMPANY has reimbursed the City
for all expenses related to removing the antennae and the equipment and
returning the property and the Water Tower to their original condition.
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 COMMUNICATIONS COMPANY harmless from and indemnify
CON94UNICATIONS COMPANY 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
425436/2 20
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 r
of, or transported by COMMUNICATIONS COMPANY or its employees, agents or
contractors.
COMMUNICATIONS COMPANY represents and warrants that its use of the Tower
and Property will not generate and COMMUNICATIONS COMPANY will not store or
dispose of on the Property, nor transport to or over the Water Tower or Property, any
Hazardous Materials, unless COMMUNICATIONS COMPANY specifically informs
the City thereof in writing twenty-four hours prior to such storage, disposal or transport.
or otherwise as soon as COM!vIUNICATIONS COMPANY becomes aware of the
existence of Hazardous Materials on the Property. The obligations of this section shall
survive the expiration or other termination of this Agreement.
CONJUNICATIONS COMPANY 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 COMMUNICATIONS COMPANY's, its employees,
agents or contractors errors, acts and omissions related to the handling, storage, disposal,
transportation, release or generation of hazardous substances on the Site or adjacent
properties. The obligations of Paragraph 26 of this Agreement shall survive the
expiration or other termination of this Agreement, 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, COMMUNICATIONS COMPANY shall have
the right to the non-exclusive use of the Water Tower and Property as permitted in this
Agreement.
29.
2-9.INTERFERENCE CAUSED BY ANTENNAE
COMMUNICATIONS COMPANY's equipment shall be installed and operated in a
manner which does not cause interference or otherwise impair the quality of the
communication services being rendered by the following higher priority users: (I) 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
42543612 -) I
public safety and (4) commercial users with installations or modifications preceding the
installation by COMMUNICATIONS COMPANY.
30. _INTERFERENCE WITH ANTENNAE OPERATIONS
A. Temporary Interruptions of Service If the Cite 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 COMMUNICATIONS COMPANY to
discontinue its operation. COMMUNICATIONS COMPANY 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
COMMUNICATIONS COMPANY, the City shall notify CON2vfUNICATIONS
COMPANY as soon as possible after its action and give its reason for taking the
action. The City shall not be liable to COMMUNICATIONS COMPANY or any
other party for any interruption in COMMUNICATIONS COMPANY's service
or interference with COMMUNICATIONS COMPANY's operation of its
antennae or equipment, except as may be caused by the negligence or willful
misconduct of the City, its employees or agents. In any event, the City's liability
shall not extend beyond the obligation to repair the cause of the interruption or
interference. If the discontinuance extends for a period greater than three (3)
business days, COMM1JNICATIONS COMPANY's sole remedy shall be the
right to terminate this Agreement within its sole discretion.
B. With Structure. COMMUNICATIONS COMPANY shall not interfere with
City's use of the Tower or Property and agrees to cease all such actions which
unreasonably and materially interfere with City's use thereof no later than three
(3) business days after receipt of written notice of the interference from City. In
the event that COMMUNICATIONS COMPANY's cessation of action is
material to COMMUNICATIONS COMPANY's use of the Tower and Property
and such cessation frustrates COMMUNICATIONS COMPANY's use of the
Tower and Property, within COMMUNICATIONS COMPANY's sole
discretion, COMMUNICATIONS COMPANY shall have the immediate right to
terminate this Agreement.
C. With Hieher Priority Users If COMMUNICATIONS COMPANY's equipment
causes impermissible interference with the parties identified in paragraph 29
above or with preexisting tenants. COMMUNICATIONS COMPANY shall take
all measures necessary to correct and eliminate the interference. If the
interference cannot be eliminated within 48 hours after receivine City's written
notice of the interference, COMMUNICATIONS COMPANY shall immediately
cease operating its Antennae and shall not reactivate operation, except
425436/2 7�
intermittent operation for the purpose of testing, until the interference has been
eliminated. If the interference cannot be eliminated within 30 days after
COMMUNICATIONS COMPANY received City's written notice, City may at
its option terminate this Agreement immediately.
D. Interference Study - New Occupants Upon written notice by City that it has a
bona fide request from any other party to lease an area including or in close
proximity to the Tower and Property, COMMUNICATIONS COMPANY agrees
to provide City, within twenty (20) days, the radio frequencies currently in
operation or to be operated in the future of each transmitter and receiver installed
and operational on the Tower and Property at the time of such request. City may
then have an independent registered professional engineer of City's choosing
perform the necessary interference studies to determine if the new applicant's
frequencies will cause harmful radio interference to COMMUNICATIONS
COMPANY. City shall require the new applicant to pay for such interference
studies. City agrees that it will not grant a future lease in the Tower and Property
to any party who is of equal or lower priority to COMMUNICATIONS
COMPANY, if such party's use is reasonably anticipated to interfere with
COMMUNICATIONS COMPANY's operation of its antennae or equipment.
3-1-31. FUTURE DEVELOPMENT
COMMUNICATIONS COMPANY understands and acknowledges that the City may
utilize the Property for public use at some future date, and that the design and manner of
such use shall be in the sole discretion of the City. In the event that City undertakes
such use, then the City and COMMUNICATIONS COMPANY agree to cooperate with
one another as necessary to facilitate both parties use of the Property.
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
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, CONW NICATIONS COMPANY shall not be entitled to any portion
of the award paid for the taking and the City shall receive full amount of such al ard.
COMMUNICATIONS COMPANY hereby expressly waives any right or claim to any
portion thereof. Although all damages, whether awarded as compensation for
diminution in value of the leasehold or to the fee of the Property, shall belong to City,
COMMUNICATIONS COMPANY shall have the right to claim and recover from the
condemning authority, but not from City, such compensation as may be separately
awarded or recoverable by COMMUNICATIONS COMPANY on account of any and
425436/2 23
all damage to CON1IviUNICATIONS COMPANY'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 purchaser with power of eminent domain in the
face of the exercise of the power, shall be treated as a taking by condemnation.
33. SOTA 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
in the appropriate federal court within the State of Minnesota. Any claim, controversy
or dispute arising out of this Agreement may upon mutual agreement of the parties be
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.
34. RECORDING
CITY agrees to execute a Memorandum of Site Use Agreement which
COMMUNICATIONS COMPANY may record with the appropriate Recording Officer.
The date set forth in the Memorandum of Site Use Agreement is for recording_ purposes
only and bears no reference to commencement of either term or rent payments
42543612 24
CITY APPROVAL
Th—, haviiqg signed this Nntefina Site 9s@Agr-@@FneFit, and e
City Council of the City of Otsego having duly approved this eei4tr-ae;Aereementen the dmf
, ?0 , and pursuant to such approval, the properly authorized City officials having
signed this eent�Aereement, the parties hereto agree to be bound by the provisions herein set
forth.
Approved as to form
and execution
City Attorney
Date:
Date:
CITY OF OTSEGO
Bv:
Its: Mayor
By:
Its: City Clerk
COMMUNICATIONS COMPANY APPROVAL
Verizon Wireless (VAW) LLC.
d/b/a Verizon Wireless
Bv: Cellco Partnership. its Single Member
By:
Its:
Date:
425436/2 25
STATE OF MINNESOTA )
ss.
COUNTY OF )
On this day of . 2001. personally
appeared before me as the Mavor and
as the City Administrator of the City of Otsego. a
Minnesota Municipal Corporation on behalf of the Municipal corporation that executed
the within and foregoing instrument. and acknowledeed that he/she/they signed the same
as their free and voluntary act and deed. for the uses and purposes therein mentioned
GIVEN under my hand and official seal this day of
.2001.
Print or Tvpe Name:
Notary Public in and for the State of Minnesota.
residing at
My ppointment expires:
425436/2 26
STATE OF )
) ss.
COUNTY OF )
On this day of 2001, before me
the undersigned. a Notary Public in and for the State of dulv commissioned
and swornpersonally appeared to me
known to be an authorized representative of Cellco Partnership the sole member of
Verizon Wireless (VAW) LLC. the limited liability company that executed the
foregoing instrument, and acknowledged said instrument to be the free and voluntary act
and deed of Verizon Wireless (VAW) LLC. for the uses and purposes therein
mentioned, and on oath stated that he/she is authorized to execute the said instrument.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal
the day and vear first above written
Print or Type Name:
Notary Public in and for the State of
residing at
My appointment expires:
cvimv D rivTrci 7\�*x1T r'rz-rs:�m*rr'�T
425436/2 27
•.
•�
MW
425436/2 27
EXHIBIT A
The real property subject to the Antenna Site Use Agreement is legally described as follows:
T The north 21 x.00 feet of the east 205.E feet of the
Northeast Ouarter of the Northeast Quarter of Section 34 Township 121 Range 23 Wriizht
Countv Minnesota, as measured along the north and east lines thereof.
All said property is located in the City of Otsego, County of Wright, State of Minnesota.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
425436/2 28
EXHIBIT B
Site Diagram, Shelter, Equipment and Tower Details
Ti; RP Attached
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
425436/2 30
EXHIBIT C
Site Access Procedures
Initial installation of all COMMUNICATIONS COMPANY
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.
COMMUNICATIONS COMPANY 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 COMMUNICATIONS COMPANY contact person.
The CITY will provide COMMUNICATIONS COMPANY 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 their purpose, a key to the Tower will be given to the
COMMUNICATIONS COMPANY representative.
Upon completion of any work at the Site, COMMUNICATIONS COMPANY 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 COMMUNICATIONS COMPANY, its representative or contractor.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
425436r
MIN PARSON
FILED FOR RECORD AT
REQUEST OF AND WHEN
RECORDED RETURN TO:
Verizon Wireless
8401 Wayzata Blvd., Suite 1 10 j
St. Louis Park, MN 55426 j
I
MEMORANDUM OF SITE USE AGREEMENT
This Memorandum dated this day of 2001. by and
between the City of Otsego, a Minnesota municipal corporation ("CITY") and Verizon Wireless (VAW)
LLC, d/b/a Verizon Wireless, a Delaware limited liability company, 180 Washington Valley Road,
Bedminster, New Jersey, 07921 ("COMMUNICATIONS COMPANY"), is a record of that Site Use
Agreement (hereinafter "Agreement") between CITY and COMMUNICATIONS COMPANY dated
2001, which Agreement includes in part the following terms:
1. Leased Premises. The Agreement pertains to a portion of CITY's property, which is legally
described in Exhibit A, which is attached hereto and incorporated herein by this reference. The
Agreement pertains to the installation and placement of cellular phone antennas on the CITY's Water
Tower and land sufficient for the installation of COMMUNICATIONS COMPANY's equipment
building, as indicated on Exhibit B, which is attached hereto and incorporated herein by this reference
(Exhibit A and Exhibit B are together hereinafter known as the "Premises").
2. Term of Agreement and Renewals. The initial term of the Agreement shall be for five (5) years
and commences on the first (1 st) day of the month following the date the Agreement is executed by both
parties or the first (1 st) day of the month following the date COMMUNICATIONS COMPANY is
granted a building permit. The Agreement may be the
for four (4) additional five (5) year terms if
the COMMUNICATIONS COMPANY gives written notice of intent to CITY ninety (90) days prior to
the end of the then current term.
3. Successors and Assigns. The terms, covenants and provisions of the Agreement extend to and
are binding upon the respective executors, administrators, heirs, successors and assigns of
COMMUNICATIONS COMPANY.
4. Ratification of Agreement. The parties, by this Memorandum, intend to record a reference to
the Agreement and do hereby ratify and confirm all of the terms and conditions of the Agreement and, do
hereby declare that the Premises described in Exhibits A and B attached hereto is in all respects subject
to all of the applicable provisions contained in the Agreement.
CITY:
CONINrUNICATIONS COMPANY:
City of Otsego, A Minnesota Municipal Verizon Wireless (VAN`) LLC,
Corporation d/b/a Verizon Wireless
By:
Its: Mayor
By:
Its: City Administrator
Date:
By: Cellco Partnership, its sole member
B,-:
Name:
Its:
Date:
ACKNOWLEDGMENT
STATE OF )
) SS.
COUNTY OF )
On this day of , 2001, personally appeared before me
as the Nlayor and as
the City Administrator of the City of Otsego, a Minnesota Nfunicipal Corporation, on behalf of the
Municipal corporation that executed the within and foregoing instrument, and acknowledged that
he/she/they signed the same as their free and voluntary act and deed, for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal this day of , 2001.
STATE OF
COUNTY OF
Print or Type Name:
Notary Public in and for the State of Minnesota,
residing at
My appointment expires:
CORPORATE ACKNOWLEDGMENT
}
) SS.
On this day of , 2001, before me, the undersigned,
a Notary Public in and for the State of , duly commissioned and sworn, personally
appeared to me known to be an authorized representative
of Cellco Partnership, the sole member of Verizon Wireless (VAW) LLC, the limited liability company
that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act
and deed of Verizon Wireless (VAW) LLC, for the uses and purposes therein mentioned, and on oath
stated that he/she is authorized to execute the said instrument.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and
year first above written.
Print or Type Name:
Notary Public in and for the State of
residing at
iV1v appointment expires:
27140/1
EXHIBIT A
Legal Description of the "Property"
The north 215.00 feet of the east 205.5 feet of the Northeast Quarter of the Northeast Quarter of Section
34, Township 121, Range 23, Wright County Minnesota, as measured along the north and east lines
thereof.
427140/1
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WATER TANK WATER TANK I
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Otsego, MN 55330 (763) 606-6102
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