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07-13-09 CCCLAIMS LIST CITY COUNCIL MEETING JULY 13, 2009 TO: Tami Loff ITEM 5-1 Attached is the Claims List for the City Council. For more details, please refer to the check detail registers. CLAIMS REGISTER 06-30-2009 $ 387,361.22 Check #47373 - 47417 06-30-2009 $ -12,325.78 Voided check #47271 07-08-2009 $ 109,500.37 Check #47419 - 47451 PAYROLL 07-01-2009 $ 38,575.51 ELECTRONIC PYMTS FOR Qwest $ Centerpoint Energy $ Dept. of Revenue -Fuel Tax $ Dept. of Revenue -Sales Tax $ Elk River Utilities $ Wright -Hennepin $ Delta Dental $ Total $ GRAND TOTAL $ 523,111.32 If you have any questions or if you would like to review this list further, please let me know. Sue Frisch Bookkeeper CITY OF OTSEGO 07/08/09 10:23 AM Page 1 *Check Summary Register@ JULY 2009 Name Check Date Check Amt 10100 BANK OF ELK RIVER Paid Chk# 047419 CARLSON TRACTOR & EQUIP. C 7/8/2009 $182.79 SPINDLE Paid Chk# 047420 CHARTER COMMUNICATIONS 7/8/2009 $119.06 MONTHLY SERVICE Paid Chk# 047421 CITY OF MONTICELLO 7/8/2009 $431.33 MAY ANIMAL CONTROL Paid Chk# 047422 COBORNS INC 7/8/2009 $36.44 DRY CLEANING Paid Chk# 047423 COTTENS - NAPA 7/8/2009 $14.39 HALOGEN LAMP, O'RINGS Paid Chk# 047424 COURI MACARTHUR LAW OFFIC 7/8/2009 $13,390.00 ASSESSMENTS Paid Chk# 047425 CROW RIVER FARM EQUIPMEN 7/8/2009 $153.66 MISC OPERATING SUPPLIES Paid Chk# 047426 DJ'S TOTAL HOME CENTER 7/8/2009 $68.61 WIRE ROPE CLIPS Paid Chk# 047427 EDWARD FIELDS & SONS 7/8/2009 $1,125.00 CLEAN DITCH @ ROCKWOODS Paid Chk# 047428 EXECUTIVE TITLE 7/8/2009 $363.36 9833 KAHLER - SPECIAL ASSESSME Paid Chk# 047429 FINKEN'S WATER CARE 7/8/2009 $37.02 BOTTLED WATER Paid Chk# 047430 FLOYD TOTAL SECURITY 7/8/2009 $53.25 KEYS FOR WWTF Paid Chk# 047431 FULL IDENTITY 7/8/2009 $286.50 EMERGENCY PLAN NAME BADGES Paid Chk# 047432 GIS RANGERS, LLC 7/8/2009 $4,822.50 GIS SERVICES Paid Chk# 047433 GOPHER STATE ONE -CALL INC 7/8/2009 $310.30 LOCATE TICKETS Paid Chk# 047434 HASSAN SAND & GRAVEL 7/8/2009 $1,114.60 SAND & GRAVEL Paid Chk# 047435 HYDROLOGIC 7/8/2009 $364.85 IRRIGATION SUPPLIES Paid Chk# 047436 INK WIZARDS, INC. 7/8/2009 $87.45 ADMIN - UNIFORMS Paid Chk# 047437 JOHN DEERE LANDSCAPES 7/8/2009 $250.37 ROUNDUP, RED HOT GLUE Paid Chk# 047438 LANO EQUIPMENT, INC. 7/8/2009 $473.92 BOBCAT RENTAL Paid Chk# 047439 MENARDS 7/8/2009 $56.62 2" PIPE CUTTER Paid Chk# 047440 MN MUNICIPAL UTILITIES ASSO 7/8/2009 $90.53 FIRE EXT RECHARGE FOR SAFETY T Paid Chk# 047441 NAPA OF ELK RIVER INC 7/8/2009 $72.52 HOSE Paid Chk# 047442 NORTHLAND MECH CONT, INC. 7/8/2009 $734.00 EAST WWTF SVC CONTRACT (APR 09 Paid Chk# 047443 NORTHWEST ASSOC CONSULT 7/8/2009 $11,613.47 GREAT RIVER CENTER Paid Chk# 047444 OMANN BROTHERS INC. 7/8/2009 $458.38 A.C. FINES MIX Paid Chk# 047445 PACE ANALYTICAL SERVICES, 1 7/8/2009 $420.00 RADIUM TESTING WELL #8 Paid Chk# 047446 PLAISTED COMPANIES 7/8/2009 $275.84 BLACK DIRT Paid Chk# 047447 ROBERT & LORI PRATT 7/8/2009 $180.67 2ND DRIVEWAY ESCROW REFUND Paid Chk# 047448 SARAH MOYLAN 7/8/2009 $43.96 DECK PERMIT REFUND Paid Chk# 047449 W.W. GOETSCH ASSOCIATES IN 7/8/2009 $3,487.46 REPAIR PUMP #1 @ LS #1 Paid Chk# 047450 WASTE MANAGEMENT 7/8/2009 $248.19 ROADSIDE TRASH DISPOSAL Paid Chk# 047451 WRIGHT COUNTY AUDITOR -TRE 7/8/2009 $68.133.33 JULY SHERIFF PATROL Total Checks $109,500.37 FILTER: None CITY OF OTSEGO 07/08/09 10:24 AM Page 1 *Check Detail Register© JULY 2009 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Paid Chk# 047419 7/8/2009 CARLSON TRACTOR & EQUIP. CO. E 101-43100-220 Repair/Maint Supply (GENERAL) $182.79 C18790 SPINDLE Total CARLSON TRACTOR & EQUIP. CO. $182.79 Paid Chk# 047420 7/8/2009 CHARTER COMMUNICATIONS E 101-41400-390 Contracted Services $119.06 39827 MONTHLY SERVICE Total CHARTER COMMUNICATIONS $119.06 40027 E 101-45200-220 Paid Chk# 047421 7/8/2009 CITY OF MONTICELLO 40085 E 101-45200-210 Operating Supplies (GENERAL) E 101-42710-390 Contracted Services $431.33 4860 MAY ANIMAL CONTROL 40178 Total CITY OF MONTICELLO $431.33 $14.89 40278 Paid Chk# 047422 7/8/2009 COBORNS INC E 250-42410-225 Uniforms/Clothing Allowance $36.44 M91826774 DRY CLEANING Total COBORNS INC $36.44 Paid Chk# 047423 7/8/2009 COTTENS - NAPA E 101-43100-220 Repair/Maint Supply (GENERAL) $14.39 507470 HALOGEN LAMP, O'RINGS Total COTTENS - NAPA $14.39 Paid Chk# 047424 7/8/2009 COURI MACARTHUR LAW OFFICE E 101-41700-301 Legal Services $3,234.00 HOSPITAL DISTRICT E 101-41700-301 Legal Services $3,248.00 GENERAL E 203-45210-301 Legal Services $84.00 LAHN PARK E 101-41700-301 Legal Services $1,645.00 ZACHMAN E 101-41700-301 Legal Services $742.00 SEXUAL OFFENDER ORDINANCE E 101-41700-301 Legal Services $392.00 CMHP (NSP GRANT $) E 101-41700-301 Legal Services $378.00 ASSESSMENTS E 414-43100-301 Legal Services $2,448.00 MISSISSIPPI RIVERWOOD E 101-41700-301 Legal Services $224.00 KNISLEY E 101-41700-301 Legal Services $70.00 LEFEBRE DRAINAGE G 701-22361 SUN RAY FARMS $476.00 SUNRAY FARMS E 101-41700-301 Legal Services $42.00 PERSONNEL E 101-41700-301 Legal Services $42.00 KADLER AVE E 203-45210-301 Legal Services $51.00 NORIN LANDING - PUBLIC ACCESS E 101-41700-301 Legal Services $42.00 FIRE STATION G 701-21856 WATERFRONT EAST 3RD $272.00 WATERFRONT EAST Total COURI MACARTHUR LAW OFFICE $13,390.00 Paid Chk# 047425 7/8/2009 CROW RIVER FARM EQUIPMENT E 101-43100-210 Operating Supplies (GENERAL) $153.66 136960 MISC OPERATING SUPPLIES Total CROW RIVER FARM EQUIPMENT $153.66 Paid Chk# 047426 7/8/2009 DJ'S TOTAL HOME CENTER E 101-45200-220 Repair/Maint Supply (GENERAL) $17.80 39827 E 101-43100-210 Operating Supplies (GENERAL) $5.31 40027 E 101-45200-220 Repair/Maint Supply (GENERAL) $5.45 40085 E 101-45200-210 Operating Supplies (GENERAL) $19.15 40118 E 101-45200-210 Operating Supplies (GENERAL) $6.01 40178 E 101-43100-210 Operating Supplies (GENERAL) $14.89 40278 ELBOWS, ADAPTERS, BUSHINGS INSECT REPELLANT RISER & SPRINKLER CUTOFF PVC PIPE, ELBOW WIRE ROPE CLIPS MARKING PAINT Total DJ S TOTAL HOME CENTER $68.61 Paid Chk# 047427 7/8/2009 EDWARD FIELDS & SONS E 222-49490-400 Repairs & Maint Cont $1,125.00 3137 CLEAN DITCH @ ROCKWOODS Total EDWARD FIELDS & SONS $1,125.00 Paid Chk# 047428 7/8/2009 EXECUTIVE TITLE CITY OF OTSEGO 07/08/09 10:24 AM Page 2 *Check Detail Register© JULY 2009 Check Amt Invoice Comment R414-36100 Special Assessments $363.36 118-183-00102 9833 KAHLER - SPECIAL ASSESSMENT OVERPAY Total EXECUTIVE TITLE $363.36 Paid Chk# 047429 7/8/2009 FINKEN'S WATER CARE E 101-41940-390 Contracted Services $37.02 BOTTLED WATER Total FINKEN'S WATER CARE $37.02 Paid Chk# 047430 7/8/2009 FLOYD TOTAL SECURITY E 602-49450-430 Miscellaneous (GENERAL) $53.25 170254 KEYS FOR WWTF Total FLOYD TOTAL SECURITY $53.25 Paid Chk# 047431 7/8/2009 FULL IDENTITY E 101-41400-201 Office Supplies and Expenses $286.50 28145 EMERGENCY PLAN NAME BADGES Paid Chk# 047441 Total FULL IDENTITY $286.50 Paid Chk# 047432 7/8/2009 GIS RANGERS, LLC Operating Supplies (GENERAL) $11.79 E 101-41400-391 GIS Services $4,822.50 185 GIS SERVICES $27.06 Total GIS RANGERS, LLC $4,822.50 E 101-43100-210 Paid Chk# 047433 7/8/2009 GOPHER STATE ONE -CALL INC�� 438303 E 250-42410-310 Miscellaneous $310.30 9060754 LOCATE TICKETS Total GOPHER STATE ONE -CALL INC $310.30 Total NAPA OF ELK RIVER INC Paid Chk# 047434 7/8/2009 HASSAN SAND & GRAVEL_,...g��__ E 101-43100-370 Sand andGravel $1,114.60 77400 SAND & GRAVEL Total HASSAN SAND & GRAVEL $1,114.60 Paid Chk# 047435 7/8/2009 HYDROLOGIC E 101-45200-220 Repair/Maint Supply (GENERAL) $364.85 393026 -IN IRRIGATION SUPPLIES Total HYDROLOGIC $364.85 Paid Chk# 047436 7/8/2009 INK WIZARDS, INC. E 101-41400-201 Office Supplies and Expenses $87.45 53339 ADMIN - UNIFORMS Total INK WIZARDS, INC. $87.45 Paid Chk# 047437 7/8/2009 JOHN DEERE LANDSCAPES E 101-45200-210 Operating Supplies (GENERAL) $250.37 51769880 ROUNDUP, RED HOT GLUE Total JOHN DEERE LANDSCAPES $250.37 Paid Chk# 047438 7/8/2009 LANO EQUIPMENT, INC. E 101-43100-400 Repairs & Maint Cont $473.92 68199 BOBCAT RENTAL Total LANO EQUIPMENT, INC. $473.92 Paid Chk# 047439 7/8/2009 MENARDS E 101-43100-240 Small Tools/Equipment $56.62 72626 2" PIPE CUTTER Total MENARDS $56.62 Paid Chk# 047440 7/8/2009 MN MUNICIPAL UTILITIES ASSOC E 101-43100-360 Education/Training/Conferences $90.53 33857 FIRE EXT RECHARGE FOR SAFETY TRAINING Total MN MUNICIPAL UTILITIES ASSOC $90.53 Paid Chk# 047441 7/8/2009 NAPA OF ELK RIVER INC�� E 101-43100-210 Operating Supplies (GENERAL) $11.79 436183 GRAY SEA E 101-43100-210 Operating Supplies (GENERAL) $27.06 437686 SOLENOID E 101-43100-210 Operating Supplies (GENERAL) $29.01 438303 STEEL WELDING WIRE E 101-43100-210 Operating Supplies (GENERAL) $4.66 438979 HOSE Total NAPA OF ELK RIVER INC $72.52 Paid Chk# 047442 7/8/2009 NORTHLAND MECH CONT, INC. CITY OF OTSEGO *Check Detail Register© JULY 2009 Check Amt Invoice Comment E 602-49450-302 Engineering Fees $367.00 41776 E 602-49450-302 Engineering Fees $367.00 41777 Total NORTHLAND MECH CONT, INC. $734.00 2ND DRIVEWAY ESCROW REFUND Paid Chk# 047443 7/8/2009 NORTHWEST ASSOC CONSULTANTS G 701-22465 GREAT RIVER CTR $59.25 18674 E 101-41570-303 Planning Fees $82.95 18674 G 701-21884 KLEIN BANK BUILDING $43.20 18674 G 701-21887 OTSEGO AUTOCARE $36.00 18674 E 203-45210-303 Planning Fees $80.80 18675 E 414-43100-303 Planning Fees $70.70 18675 E 101-41570-303 Planning Fees $40.40 18675 E 203-45210-303 Planning Fees $161.60 18675 E 101-41570-303 Planning Fees $387.05 18675 E 101-41570-303 Planning Fees $202.00 18675 E 101-41570-303 Planning Fees $338.70 18675 E 101-41570-303 Planning Fees $2,499.65 18675 E 101-41400-391 GIS Services $356.70 18675 E 101-41570-303 Planning Fees $1,500.00 18676 E 250-42410-303 Planning Fees $5,147.65 18677 E 250-42410-303 Planning Fees $606.82 18677 Total NORTHWEST ASSOC CONSULTANTS $11,613.47 Paid Chk# 047444 7/8/2009 OMANN BROTHERS INC. E 101-43100-434 Blacktop Supplies $458.38 8383 Total OMANN BROTHERS INC. $458.38 Paid Chk# 047445,.-. 7/8/2009 PACE ANALYTICAL SERVICES, INC. E 601-49400-310 Miscellaneous $420.00 91107232 Total PACE ANALYTICAL SERVICES, INC. $420.00 Paid Chk# 047446 7/8/2009 PLAISTED COMPANIES 07/08/09 10:24 AM Page 3 EAST WWTF SVC CONTRACT (APR 09 - SEPT 09) WEST WWTF SVC CONTRACT (APR 09 - SEPT 09) GREAT RIVER CENTER KINCANNON CUP RECORDING DOCS KLEIN BANK OTSEGO AUTOCARE NORIN LANDING PUBLIC ACCESS QUANTRELLE - MRWA PAWN SHOPS LAHN PARK CODE AMENDMENT - SEX OFFENDER LONG RANGE PLANNING GENERAL HOSPITAL STUDY GIS MEETINGS WEED/GRASS ENFORCEMENT GENERAL CODE ENFORCEMENT A.C. FINES MIX RADIUM TESTING WELL #8 E101-45200-220 Repair/Maint Supply (GENERAL) $275.84 29436 BLACK DIRT Total PLAISTED COMPANIES $275.84 Paid Chk# 047447 7/8/2009 ROBERT & LORI PRATT G 701-21899 PRATT - 2ND DRIVEWAY $180.67 701-21899 2ND DRIVEWAY ESCROW REFUND Total ROBERT & LORI PRATT $180.67 Paid Chk# 047448 7/8/2009 SARAH MOYLAN R 250-32260 BUILDING PERMITS $43.96 DECK PERMIT REFUND Total SARAH MOYLAN $43.96 Paid Chk# 047449 7/8/2009 W.W. GOETSCH ASSOCIATES INC E 602-49450-400 Repairs & Maint Cont $3,487.46 81775 REPAIR PUMP #1 @ LS #1 Total W.W. GOETSCH ASSOCIATES INC $3,487.46 Paid Chk# 047450 7/8/2009 WASTE MANAGEMENT E 101-43100-325 Garbage Service $248.19 28193-1706-2 ROADSIDE TRASH DISPOSAL Total WASTE MANAGEMENT $248.19 Paid Chk# 047451 7/8/2009 WRIGHT COUNTY AUDITOR -TREASURE E 101-42100-390 Contracted Services $68,133.33 PATROL -09-7 JULY SHERIFF PATROL tal WRIGHT COUNTY AUDITOR -TREASURE $68,133.33 10100 BANK OF ELK RIVER $109,500.37 CITY OF OTSEGO 07/08/09 10:24 AM Page 4 *Check Detail Register© JULY 2009 Check Amt Invoice Comment Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $93,208.91 203 PARK DEVELOPMENT $377.40 222 Citywide Stormwater(NPDES II) $1,125.00 250 Comm. Dev. & Bldg Safety $6,145.17 414 Revolving Capital Improvements $2,882.06 601 WATER FUND $420.00 602 SEWER FUND $4,274.71 701 DEVELOPMENT ESCROWS FUND $1,067.12 $109,500.37 CITY OF OTSEGO 06/30/09 1:46 PM Page 1 *Check Summary Register@ JUNE 2009 Name Check Date Check Amt 10100 BANK OF ELK RIVER Paid Chk# 047373 DAKOTA SUPPLY GROUP 6/18/2009 $11,715.00 WATER METERS Paid Chk# 047374 D.R. HORTON INC 6/24/2009 $24,452.91 ZIMMER FARMS ESCROW REDUCTION Paid Chk# 047375 ABDO ABDO EICK & MEYERS LL 6/30/2009 $6,200.00 2008 AUDIT SERVICES Paid Chk# 047376 ALLIANCE BENEFIT GROUP 6/30/2009 $2,669.35 PPE 6/27/09 CH DTD 7/1/09 Paid Chk# 047377 ANDERSON IRRIGATION 6/30/2009 $370.00 IRRIGATION REPAIR Paid Chk# 047378 ARROW TERMINAL LLC 6/30/2009 $61.70 VINYL ELECTRICAL TAPE Paid Chk# 047379 BARGEN INC. 6/30/2009 $45,682.00 SEALANT INSTALLED Paid Chk# 047380 BETTY MILLS COMPANY 6/30/2009 $625.09 RECYCLING CANS FOR PARKS Paid Chk# 047381 CENTRAL HYDRAULICS, INC. 6/30/2009 $60.45 HOSE, SWIVEL, ELBOW Paid Chk# 047382 CITY OF ALBERTVILLE 6/30/2009 $31,743.87 2ND QTR FIRE SERVICES Paid Chk# 047383 CIVIC SYSTEMS, LLC 6/30/2009 $715.00 7/1/09 - 12/31/09 SUPPORT Paid Chk# 047384 ECM PUBLISHERS INC 6/30/2009 $105.00 LEGAL - ORDINANCE Paid Chk# 047385 ELK RIVER PRINTING & PARTY 6/30/2009 $296.07 PAPER, ENVELOPES Paid Chk# 047386 EXPRESS EMPLOYMENT PROF 6/30/2009 $562.50 TEMP - DOTE WERNER 6/8 - 6/11 Paid Chk# 047387 FIRST LAB 6/30/2009 $78.00 PRE EMPLOY - BRAD SHERRILL, MA Paid Chk# 047388 FORT DEARBORN LIFE 6/30/2009 $806.20 JULY PREMIUM Paid Chk# 047389 HAKANSON ANDERSON ASSOC 6/30/2009 $35,878.34 CORRICK EASEMENT VAC Paid Chk# 047390 HOTSY EQUIPMENT OF MINNES 6/30/2009 $318.86 SOAP FOR PRESSURE WASHER Paid Chk# 047391 ICMA RETIREMENT TRUST 6/30/2009 $648.22 PLAN #304185 Paid Chk# 047392 LONG & SONS 6/30/2009 $1,244.18 CITY HALL JUNE CLEANING Paid Chk# 047393 MENARDS 6/30/2009 $93.83 BLK RUSTOLEUM FOR GRILLS Paid Chk# 047394 MICHAEL JOHN ROBERTSON 6/30/2009 $408.00 PARKING @ LMC CONFERENCE 6/26/ Paid Chk# 047395 MN CITY/COUNTY MANAGEMEN 6/30/2009 $96.35 ANNUAL DUES - MIKE ROBERTSON Paid Chk# 047396 MN MUNICIPAL UTILITIES ASSO 6/30/2009 $2,100.00 3RD QTR 2009 SAFETY MGMT PROGR Paid Chk# 047397 NEXTEL COMMUNICATIONS 6/30/2009 $357.29 CELL PHONES Paid Chk# 047398 NORTHLAND TRUST SERVICES, 6/30/2009 $118,040.00 GEN OBL IMPR BOND, SERIES 2006 Paid Chk# 047399 NOVAK-FLECK INC 6/30/2009 $5.44 11530 79TH ST - W/S REFUND Paid Chk# 047400 OFFICEMAX 6/30/2009 $85.19 LASER PRINT CARTRIDGE Paid Chk# 047401 PAT LAUNDERVILLE 6/30/2009 $106.89 TURBO NOZZLE Paid Chk# 047402 PEGGY JOHNSON 6/30/2009 $336.40 PETTING ZOO - ESCROW REFUND Paid Chk# 047403 PEOPLE SERVICE INC. 6/30/2009 $44,602.00 MONTHLY SERVICE - JULY Paid Chk# 047404 PUBLIC EMPLOYEES RETIREME 6/30/2009 $3,711.93 #677600 PPE 6/27/09 Paid Chk# 047405 QWEST 6/30/2009 $150.84 PW PHONE SERVICE Paid Chk# 047406 RANDY'S SANITATION 6/30/2009 $232.88 8899 NASHUA AVE NE Paid Chk# 047407 SRF CONSULTING GROUP, INC. 6/30/2009 $983.45 PARKS CONSULTING Paid Chk# 047408 SUPERIOR LAWN 6/30/2009 $3,177.96 CITY PROPERTY Paid Chk# 047409 TAMI LOFF 6/30/2009 $38.67 MILEAGE/PARKING - LMC CONFEREN Paid Chk# 047410 TARGET STORES 6/30/2009 $250.24 CAMERA FOR CODE ENFORCEMENT Paid Chk# 047411 TERRA GENERAL CONTRACTOR 6/30/2009 $17,142.50 SECURITY/LOC REDUCTION Paid Chk# 047412 TOSHIBA AMERICA BUSINESS S 6/30/2009 $55.29 PW TOSHIBA COPIER Paid Chk# 047413 TOWN & COUNTRY LANDSCAPI 6/30/2009 $2,396.25 MOWING - TO BE ASSESSED Paid Chk# 047414 TRIO BUILDERS 6/30/2009 $1,000.00 12439 69TH - LNDSCP ESC REFUND Paid Chk# 047415 TRI-STATE PUMP & CONTROL 6/30/2009 $2,242.50 REPAIR @ LS #1 Paid Chk# 047416 US BANK 6/30/2009 $21,327.50 GEN OBL IMPR BOND, SERIES 2003 Paid Chk# 047417 XCEL ENERGY 6/30/2009 $4,187.08 16935 56TH CT Total Checks $387,361.22 FILTER: None CITY OF OTSEGO 06/30/09 1:46 PM Page 1 *Check Detail Register© JUNE 2009 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Paid Chk# 047271 6/3/2009 DAKOTA SUPPLY GROUP E 601-49400-203 Other Supplies ($12,325.78) 6053450-A VOID CHECK #47271 Total DAKOTA SUPPLY GROUP ($12,325.78) Paid Chk# 047373 6/18/2009 DAKOTA SUPPLY GROUP E 601-49400-203 Other Supplies $11 715.00 6088887 WATER METERS Total DAKOTA SUPPLY GROUP $11,715.00 Paid Chk# 047374 6/24/2009 D.R. HORTON INC G 701-22369 DR H ZIMMER PROP $9,278.97 #701-22369 ZIMMER FARMS ESCROW REDUCTION G 701-22401 ZIMMERFARMS 3RD $7,765.54 #701-22401 ZIMMER FARMS ESCROW REDUCTION G 701-22419 ZIMMER 4TH $6,706.91 #701-22419 ZIMMER FARMS ESCROW REDUCTION G 701-22433 ZIMMER FARMS 5/PHASE 4 $128.41 #701-22433 ZIMMER FARMS ESCROW REDUCTION G 701-22467 ZIMMER FARMS 6 $573.08 #701-22467 ZIMMER FARMS ESCROW REDUCTION Total D.R. HORTON INC $24,452.91 Paid Chk# 047375 6/30/2009 ABDO ABDO EICK & MEYERSLLP E 101-41600-304 Accounting & Auditing $6,200.00 254632 2008 AUDIT SERVICES Total ABDO ABDO EICK & MEYERS LLP $6,200.00 Paid Chk# 047376 6/30/2009 ALLIANCE BENEFIT GROUP E 250-42410-123 Health $166.67 PPE 6/27/09 CH DTD 7/1/09 E 101-41400-123 Health $333.34 PPE 6/27/09 CH DTD 7/1/09 E 101-41600-123 Health $500.01 PPE 6/27/09 CH DTD 7/1/09 E 101-43100-123 Health $833.35 PPE 6/27/09 CH DTD 7/1/09 G 101-21706 Hospitalization/Medical Ins $835.98 PPE 6/27/09 CH DTD 7/1/09 Total ALLIANCE BENEFIT GROUP $2,669.35 Paid Chk# 047377 6/30/2009 ANDERSON IRRIGATION E 101-45200-400 Repairs & Maint Cont $370.00 07-1733 IRRIGATION REPAIR Total ANDERSON IRRIGATION $370.00 Paid Chk# 047378 6/30/2009 ARROW TERMINAL LLC E 101-43100-210 Operating Supplies (GENERAL) $61.70 61857 -IN VINYL ELECTRICAL TAPE Total ARROW TERMINAL LLC $61.70 Paid Chk# 047379 6/30/2009 BARGEN INC. E 201-43100-400 Repairs & Maint Cont $45,682.00 29289 SEALANT INSTALLED Total BARGEN INC. $45,682.00 Paid Ch -k#- 647360---' 6/30/2009 BETTY MILLS COMPANY E 101-45200-590 Capital Outlay - Miscellaneous $625.09 1244728810 RECYCLING CANS FOR PARKS Total BETTY MILLS COMPANY $625.09 Paid Chk# 047381 6/30/2009 CENTRAL HYDRAULICS, INC. E 101-43100-220 Repair/Maint Supply (GENERAL) $60.45 12389 HOSE, SWIVEL, ELBOW Total CENTRAL HYDRAULICS, INC. $60.45 Paid Chk# 047382 6/30/2009 CITY OF ALBERTVILLE E 211-42200-390 Contracted Services $31,743.87 2009081 2ND QTR FIRE SERVICES Total CITY OF ALBERTVILLE $31,743.87 Paid Chk# 047383 6/30/2009 CIVIC SYSTEMS, LLC - ----- E 601-49400-390 Contracted Services $357.50 CVC6275 7/1/09 - 12/31/09 SUPPORT E 602-49450-390 Contracted Services $357.50 CVC6275 7/1/09 - 12/31/09 SUPPORT Total CIVIC SYSTEMS, LLC $715.00 CITY OF OTSEGO 06/30/09 1:46 PM Page 2 *Check Detail Register© JUNE 2009 Check Amt Invoice Comment Paid Chk# 047384 6/30/2009 ECM PUBLISHERS INC E 101-41400-350 Print/Binding (GENERAL) $105.00 296169 LEGAL - ORDINANCE Total ECM PUBLISHERS INC $105.00 Paid Chk# 047385 6/30/2009 ELK RIVER PRINTING & PARTY PLO E 101-41400-350 Print/Binding (GENERAL) $296.07 28277 PAPER, ENVELOPES Total ELK RIVER PRINTING & PARTY PLU $296.07 Paid Chk# 047386 6/30/2009 EXPRESS EMPLOYMENT PROF E 101-41400-104 Part-time - Employees Regular $442.50 97720056-7 TEMP - DOTE WERNER 6/8 - 6/11 E 101-41400-104 Part-time - Employees Regular 5120.00 97734087-6 TEMP - DOTE WERNER 6/15 Total EXPRESS EMPLOYMENT PROF $562.50 Paid Chk# 047387 6/30/2009 FIRST LAB E 101-43100-310 Miscellaneous $78.00121703 PRE EMPLOY - BRAD SHERRILL, MARC CREPEAU Total FIRST LAB $78.00 Paid Chk# 047388 6/30/2009 FORT DEARBORN LIFE E 250-42410-130 Employer Paid Ins (GENERAL) $143.66 JULY PREMIUM E 601-49400-130 Employer Paid Ins (GENERAL) $12.67 JULY PREMIUM E 101-41600-130 Employer Paid Ins (GENERAL) $158.67 JULY PREMIUM E 602-49450-130 Employer Paid Ins (GENERAL) $12.67 JULY PREMIUM E 101-41400-130 Employer Paid Ins (GENERAL) $147.80 JULY PREMIUM E 101-43100-130 Employer Paid Ins (GENERAL) $330.73 JULY PREMIUM Total FORT DEARBORN LIFE $806.20 Paid Chk# 047389 6/30/2009 HAKANSON ANDERSON ASSOC INC G 701-22251 AARON CORRICK - VACATION/DEC $40.13 25208 CORRICK EASEMENT VAC G 701-22467 ZIMMER FARMS 6 $198.18 25278 ZIMMER FARMS 6 G 701-22479 RIVERPLACE 3RD ADDITION $245.88 25280 RIVERPLACE 3 G 701-22315 RIVERWOOD NATIONAL $240.00 25282 RIVERWOOD NATIONAL G 701-22419 ZIMMER 4TH $45.63 25283 ZIMMER FARMS 4 G 701-22374 KITTREDGE FINAL $120.00 25284 KITTREDGE CROSSING 2,3,4 G 701-22434 Crimson Ponds West $20.06 25285 CRIMSON PONDS WEST G 701-22374 KITTREDGE FINAL $2,587.67 25286 KITTREDGE CROSSING G 701-22392 MISSISSIPPI COVE 1 & 2 $341.06 25287 DAVIS MISSISSIPPI COVES G 701-22413 OTSEGO PRESERVE II $120.00 25289 OTSEGO PRESERVE 2 G 703-21980 Hidden Creek Trail Subd $94.06 25290 HIDDEN CREEK TRAILS - WETLAND G 701-22366 MARTIN FARMS $874.67 25291 MARTIN FARMS G 701-21927 O. Thomp CUP - Rvrpoint 1 $61.88 25293 RIVERPOINTE 1 G 701-21938 TMH Development $750.34 25294 TODAY PROPERTIES G 701-22377 OTSEGO PRESERVE $202.50 25295 OTSEGO PRESERVE G 701-22406 KITCROSS 5/6 $154.50 25296 KITTREDGE 5 & 6 G 701-22465 GREAT RIVER CTR $445.03 25297 GREAT RIVER CENTRE G 701-22397 SUNRAY FARMS 2ND $240.00 25298 SUNRAY FARMS 2 G 701-22426 FIN PLAT ARBOR CRK 3 $103.06 25299 ARBOR CREEK 3 G 701-22369 DR H ZIMMER PROP $140.44 25300 ZIMMER FARMS G 701-22387 ARBOR PLACE PPREZONE $120.00 25301 ARBOR PLACE G 701-22401 ZIMMERFARMS 3RD $45.63 25304 ZIMMER FARMS 3 G 701-22433 ZIMMER FARMS 5/PHASE 4 $131.37 25305 ZIMMER FARMS 5 G 701-22445 RIVER PLACE 11 $415.57 25306 RIVERPLACE 2 E 485-43100-302 Engineering Fees $221.45 25313 QUEENS AVE IMPR E 101-41400-348 Maps $4,802.99 25314 GOPHER ONE CALL MAPS E 101-41560-302 Engineering Fees $60.19 25315 MRWA G 701-21892 JESUS CHRIST -LDS (CUP) $296.45 25315 CHURCH OF LDS E 101-41560-302 Engineering Fees $66.94 25316 CITY MAP E 101-41560-302 Engineering Fees $1,396.00 25317 STAFF MEETINGS CITY OF OTSEGO 06/30/09 1:46 PM Page 3 *Check Detail Register© JUNE 2009 Paid Chk# 047390 6/30/2009 HOTSY EQUIPMENT OF MINNESOTA E101-43100-210 Operating Supplies (GENERAL) $318.86 33572 SOAP FOR PRESSURE WASHER Total HOTSY EQUIPMENT OF MINNESOTA $318.86 Paid Chk# 047391 6/30/2009 ICMA RETIREMENT TRUST E 101-41400-121 PERA G 101-21705 Other Retirement Total ICMA RETIREMENT TRUST Paid Chk# 047392 6/30/2009 LONG & SONS E101-43100-210 Operating Supplies (GENERAL) Check Amt Invoice Comment E 480-43100-302 Engineering Fees $307.00 25318 ALBERTVILLE/OTSEGO ISSUES G 701-22396 ARBOR CREEK 2ND $728.51 25320 ARBOR CREEK 2 E 414-43100-302 Engineering Fees $817.65 25322 QUANTRELLE AVENUE E 403-43100-302 Engineering Fees $190.00 25323 KADLER AVE INTERCHANGE E 495-43100-302 Engineering Fees $249.70 25324 QUANTRELLE AVE/88TH ST E 403-43100-302 Engineering Fees $36.78 25326 75TH ST IMPROVEMENT E 444-43256-302 Engineering Fees $354.07 25328 UPGRADE LS1 & SCADA E 201-43100-302 Engineering Fees $8,703.00 25329 2009 ROAD MAINT PROJ E 101-41560-302 Engineering Fees $548.56 25330 2009 MSAA E 408-43100-302 Engineering Fees $423.23 25332 OTSEGO CREEK IMPR PROJECT E 101-41560-302 Engineering Fees $170.16 25340 WETLANDS CONS ACT E 101-41400-391 GIS Services $597.71 25341 GIS INFORMATION G 701-22422 ROTTLUND HOMES $380.63 25342 WILDFLOWER MEADOWS E 201-45210-302 Engineering Fees $252.84 25343 CITY PARK MAINTENANCE E 250-42410-311 Ping & Eng. - 101Traffc Study $1,488.89 25344 TRUNK HWY 101 E 250-42410-302 Engineering Fees $963.93 25346 PERMITS E 602-49450-302 Engineering Fees $402.21 25346 MISC W/S E 601-49400-302 Engineering Fees $402.22 25346 MISC W/S E 101-41560-302 Engineering Fees $2,932.11 25346 MISC ENG E 222-49490-302 Engineering Fees $551.15 25379 OTSEGO NPDES PHASE II E 444-49400-302 Engineering Fees $238.00 25380 WELL #8 & WELL #9 & RAW MAT'L E 499-49400-302 Engineering Fees $498.31 25381 CITY WELL HEAD PROTECTION E 101-41560-302 Engineering Fees $60.00 25382 MINING PERMITS Total HAKANSON ANDERSON ASSOC INC $35,878.34 Paid Chk# 047390 6/30/2009 HOTSY EQUIPMENT OF MINNESOTA E101-43100-210 Operating Supplies (GENERAL) $318.86 33572 SOAP FOR PRESSURE WASHER Total HOTSY EQUIPMENT OF MINNESOTA $318.86 Paid Chk# 047391 6/30/2009 ICMA RETIREMENT TRUST E 101-41400-121 PERA G 101-21705 Other Retirement Total ICMA RETIREMENT TRUST Paid Chk# 047392 6/30/2009 LONG & SONS E101-43100-210 Operating Supplies (GENERAL) E 101-43100-389 Cleaning Services E 101-41940-389 Cleaning Services E 101-41940-203 Other Supplies CITY HALL JUNE CLEANING Total LONG & SONS Paid Chk# 047393 6/30/2009 MENARDS $212.22 PPE 6/27/09 PLAN #304185 $436.00 PPE 6/27/09 PLAN #304185 $648.22 $204.94 09-160 PW SUPPLIES $362.10 09-160 PW JUNE CLEANING $505.88 09-160 CITY HALL JUNE CLEANING $171.26 09-160 CITY HALL SUPPLIES $1,244.1 tf E 101-45200-210 Operating Supplies (GENERAL) $40.64 68348 BILK RUSTOLEUM FOR GRILLS E101-43100-210 Operating Supplies (GENERAL) $53.19 70049 CEDAR STAIN Total MENARDS $93.83 Paid Chk# 047394 6/30/2009 MICHAEL JOHN ROBERTSON E 101-41400-360 Education/Training/Conferences $8.00 PARKING @ LMC CONFERENCE 6/26/09 E 101-41400-360 Education/Training/Conferences $400.00 REIMBURSE 9/13 - 9/16 ICMA CONF Total MICHAEL JOHN ROBERTSON $408.00 Paid Chk# 047395 6/30/2009 MN CITY/COUNTY MANAGEMENT ASSO E 101-41400-355 Dues & Memberships $96.35 ANNUAL DUES - MIKE ROBERTSON tal MN CITY/COUNTY MANAGEMENT ASSO $96.35 Paid Chk# 047396 6/30/2009 MN MUNICIPAL UTILITIES ASSOC� E 101-43100-360 Education/Training/Conferences $525.00 33799 3RD QTR 2009 SAFETY MGMT PROGRAM E 101-41600-360 Education/Training/Conferences $525.00 33799 3RD QTR 2009 SAFETY MGMT PROGRAM CITY OF OTSEGO 06/30/09 1:46 PM Page 4 *Check Detail Register© JUNE 2009 'Paid'Chk# 047398 6/30/2009 NORTHLAND TRUST SERVICES, INC. E 380-47000-602 Bond Interest $118,040.00 GEN OBL IMPR BOND, SERIES 2006B Total NORTHLAND TRUST SERVICES, INC. $118,040.00 Paid Chk# 047399 6/30/2009 NOVAK-FLECK INC R 601-37150 WATER SALES $5.44 30680-00 11530 79TH ST - W/S REFUND Total NOVAK-FLECK INC $5.44 Paid Chk# 047400 Check Amt Invoice Comment E 250-42410-360 Education/Training/Conferences $525.00 33799 3RD QTR 2009 SAFETY MGMT PROGRAM E 101-41400-360 Education/Training/Conferences $525.00 33799 3RD QTR 2009 SAFETY MGMT PROGRAM Total MN MUNICIPAL UTILITIES ASSOC $2,100.00 6/30/2009 SRF CONSULTING GROUP, INC. Paid Chk# 047397 6/30/2009 NEXTEL COMMUNICATIONS 6/30/2009 PAT LAUNDERVILLE �� -�. E 250-42410-320 Telephone $134.12 184430382-01 CELL PHONES E 101-43100-320 Telephone $223.17 184430382-01 CELL PHONES Total NEXTEL COMMUNICATIONS $357.29 E 601-49400-390 Contracted Services 'Paid'Chk# 047398 6/30/2009 NORTHLAND TRUST SERVICES, INC. E 380-47000-602 Bond Interest $118,040.00 GEN OBL IMPR BOND, SERIES 2006B Total NORTHLAND TRUST SERVICES, INC. $118,040.00 Paid Chk# 047399 6/30/2009 NOVAK-FLECK INC R 601-37150 WATER SALES $5.44 30680-00 11530 79TH ST - W/S REFUND Total NOVAK-FLECK INC $5.44 Paid Chk# 047400 6/30/2009 OFFICEMAX $123.88 13400 90TH ST NE E 101-41940-325 E 101-41400-201 Office Supplies and Expenses $85.19 34513 LASER PRINT CARTRIDGE $232.88 Total OFFICEMAX $85.19 6/30/2009 SRF CONSULTING GROUP, INC. Paid Chk# 047401 6/30/2009 PAT LAUNDERVILLE �� -�. �~� �_..._.....�..�.___.�....�.._.,.�.. E 101-45200-210 Operating Supplies (GENERAL) $106.89 TURBO NOZZLE 6/30/2009 SUPERIOR LAWN Total PAT LAUNDERVILLE $106.89 E 601-49400-390 Contracted Services Paid Chk# 047402 6/30/2009 PEGGYJOHNSON G 701-22252 JOHNSON (PETTING FARM) CUP $336.40 #701-22252 PETTING ZOO - ESCROW REFUND Total PEGGY JOHNSON $336.40 Paid Chk# 047403 6/30/2009 PEOPLE SERVICE INC. E 601-49400-390 Contracted Services $13,871.22 14890 MONTHLY SERVICE - JULY E 602-49450-390 Contracted Services $30,730.78 14890 MONTHLY SERVICE - JULY Total PEOPLE SERVICE INC. $44,602.00 Paid Chk# 047404 6/30/2009 PUBLIC EMPLOYEES RETIREMENT FD E 250-42410-121 PERA $339.93 #677600 PPE 6/27/09 E 602-49450-121 PERA $38.84 #677600 PPE 6/27/09 E 601-49400-121 PERA $38.84 #677600 PPE 6/27/09 G 101-21704 PERA $1,746.79 #677600 PPE 6/27/09 E 101-43100-121 PERA $875.13 #677600 PPE 6/27/09 E 101-41600-121 PERA $448.41 #677600 PPE 6/27/09 E 101-41400-121 PERA $223.99 #677600 PPE 6/27/09 )tal PUBLIC EMPLOYEES RETIREMENT FD $3,711.93 Paid Chk# 047405 6/30/2009 QWEST E 101-43100-320 Telephone $150.84 PW PHONE SERVICE Total QWEST $150.84 Paid Chk# 047406 6/30/2009 RANDY'S SANITATION Fm E 101-43100-325 Garbage Service $123.88 13400 90TH ST NE E 101-41940-325 Garbage Service $109.00 8899 NASHUA AVE NE Total RANDY'S SANITATION $232.88 Paid Chk# 047407 6/30/2009 SRF CONSULTING GROUP, INC. E 203-45210-390 Contracted Services $983.45 5521-29 PARKS CONSULTING Total SRF CONSULTING GROUP, INC. $983.45 Paid Chk# 04i466-- 6/30/2009 SUPERIOR LAWN E 601-49400-390 Contracted Services $597.47 1821 W/S PROPERTY CITY OF OTSEGO 06/30/09 1:46 PM Page 5 *Check Detail Register© JUNE 2009 Paid Chk# 047412 6/30/2009 TOSHIBA AMERICA BUSINESS SOLUT E 101-43100-413 Office Equipment Rental $55.29 52186715 PW TOSHIBA COPIER otal TOSHIBA AMERICA BUSINESS SOLUT $55.29 Paid Chk# 047413 6/30/2009 TOWN & COUNTRY LANDSCAPING G 250-12300 Special Assess Rec-Deferred $2,396.25 2751 Check Amt Invoice Comment E 602-49450-390 Contracted Services $597.46 1821 W/S PROPERTY E 101-41940-390 Contracted Services $1,983.03 1821 CITY PROPERTY $1,000.00 Total SUPERIOR LAWN $3,177.96 Total TRIO BUILDERS Paid Chk# 047409 6/30/2009 TAMI LOFF Paid Chk# 047415 6/30/2009 TRI-STATE PUMP & CONTROL E 101-41400-360 Education/Training/Conferences $38.67 MILEAGE/PARKING - LMC CONFERENCE REPAIR @ LS #1 Total TAMI LOFF $38.67 $2,242.50 Paid Chk# 047410 6/30/2009 TARGET STORES 6/30/2009 US BANK E 250-42410-570 Office Equip and Furnishings $250.24 24560865588 CAMERA FOR CODE ENFORCEMENT GEN OBL IMPR BOND, SERIES 2003A Total TARGET STORES $250.24 $21,327.50 Paid Chk# 047411 6/30/2009 TERRA GENERAL CONTRACTORS, LLC 6/30/2009 XCEL ENERGY G 701-21887 OTSEGO AUTOCARE $17,142.50 SECURITY/LOC REDUCTION ,tal TERRA GENERAL CONTRACTORS, LLC $17,142.50 E 602-49450-322 Paid Chk# 047412 6/30/2009 TOSHIBA AMERICA BUSINESS SOLUT E 101-43100-413 Office Equipment Rental $55.29 52186715 PW TOSHIBA COPIER otal TOSHIBA AMERICA BUSINESS SOLUT $55.29 Paid Chk# 047413 6/30/2009 TOWN & COUNTRY LANDSCAPING G 250-12300 Special Assess Rec-Deferred $2,396.25 2751 MOWING -TO BE ASSESSED Total TOWN & COUNTRY LANDSCAPING $2,396.25 Paid Chk# 047414 6/30/2009 TRIO BUILDERS . E 702-41400-310 Miscellaneous $1,000.00 12439 69TH - LNDSCP ESC REFUND Total TRIO BUILDERS $1,000.00 Paid Chk# 047415 6/30/2009 TRI-STATE PUMP & CONTROL E 602-49450-400 Repairs & Maint Cont $2,242.50 29089 REPAIR @ LS #1 Total TRI-STATE PUMP & CONTROL $2,242.50 Paid Chk# 047416 6/30/2009 US BANK - E 350-47000-602 Bond Interest $21,327.50 GEN OBL IMPR BOND, SERIES 2003A Total US BANK $21,327.50 Paid Chk# 047417 6/30/2009 XCEL ENERGY E 601-49400-322 Utilities $1,189.67 5750 RANDOLPH - WELL #3 E 602-49450-322 Utilities $40.65 17388 52ND ST E 602-49450-322 Utilities $95.59 16935 56TH CT E 602-49450-322 Utilities $2,861.17 5850 RANDOLPH Total XCEL ENERGY $4,187.08 10100 BANK OF ELK RIVER $375,035.44 CITY OF OTSEGO 06/30/09 1:46 PM Page 6 *Check Detail Register© JUNE 2009 Check Amt Invoice Comment Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $32,688.07 201 PAVEMENT AND TRAIL MANAGEMENT $54,637.84 203 PARK DEVELOPMENT $983.45 211 Albertville Fire District $31,743.87 222 Citywide Stormwater(NPDES II) $551.15 250 Comm. Dev. & Bldg Safety $6,408.69 350 Waterfront West/85th DS $21,327.50 380 2006 Street Improvement $118,040.00 403 COLLECTOR RDS (FORMERLY MSA) $226.78 408 Otsego Creek Watershed $423.23 414 Revolving Capital Improvements $817.65 444 SE Utilities Project $592.07 480 194/CSAH 37/19 & Kadler $307.00 485 Street Impr. Fund - 2006 $221.45 495 2007 Friendship &Quantrelle $249.70 499 WELLHEAD PROTECTION PROJECT $498.31 601 WATER FUND $15,864.25 602 SEWER FUND $37,379.37 701 DEVELOPMENT ESCROWS FUND $50,981.00 702 BUILDERS ESCROW FUND $1,000.00 703 Wetland Escrows $94.06 $375,035.44 ITEM 5_2 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 9 July 2009 RE: Otsego — City Code; Building Code NAC FILE: 176.08 The Building Code section of the City Code references permit charges based upon tables included as part of the UBC. The City Code also states that the City will also require payment of a surcharge as allowed by State Statute. City staff is proposing an amendment to clarify the fee schedule for building permits to incorporate the specific fees charged in table format. This amendment does not increase or decrease the fees the City currently charges for building permits. City staff recommends approval of Ordinance 2009 — 09 in the form attached hereto. The City Council will consider the proposed amendment at their meeting on 13 July 2009 at 7:00 PM. C. Mike Robertson, City Administrator Tami Loff, City Clerk Gary Groen, Finance Director Harold Leonard, Building Official ORDINANCE NO.: 2009 - 09 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE OTSEGO CITY CODE. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 2-4-2.B.1 of the Otsego City Code is hereby amended to read as follows - 1 . ollows: 1. Building Permit: a. Base fee: Base Units Fee Step Fee Additional 0 $50.00 $0.00 0 1,200 $50.00 $3.27 100 2,000 $76.18 $15.40 1000 25,000 $430.38 $11.11 1000 50,000 $708.13 $7.70 1000 100,000 $1,093.13 $6.16 1000 500,000 $3,557.13 $5.23 1000 1,000,000 $6,169.63 $4.02 1000 b. Surcharge: Base Units Fee Step Fee Additional 1 $0.00 $0.0005 1 1,000,000 $500.00 $0.0004 1 2,000,000 $900.00 $0.0003 1 3,000,000 $1,200.00 $0.0002 1 4,000,000 $1,400.00 $0.0001 1 5,000,000 $1,500.00 $0.00005 1 Section 2. Section 4-1-2 of the Otsego City Code is hereby amended to read as follows: A. The issuance of building permits and the collection of fees shall be as authorized in Minnesota Statute §326.121, Subdivision 2. B. A surcharge fee shall also be collected on all permits issued for work governed by this Section in accordance with Minnesota Statutes §326.148. C. Building permit fees shall be assessed in accordance with Section 2-4- 2.6.1 of the City Code for work governed by this Section. Section 3. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 13th day of July, 2009. ATTEST: Tami Loff, City Clerk 2 CITY OF OTSEGO I10YA Jessica Stockamp, Mayor UNLIMITED ELECTRIC, INC. 4346 25th Street NW Buffalo MN 55313 763.682.4312 I NAME/ADDRESS I Otsego City Hall 8899 Nashua Ave N.E. Elk River MN 55330 ITEM 5_3 Estimate DATE ESTIMATE NO. 7/8/2009 899 Terms Project NET 10 DAYS 07.08.2009 Fix wiring for EM Warning ITEM DESCRIPTION QTY TOTAL A9010 BID PRICE 1 3,800.00 Repair to warn siren on CR -42 (River Road NE) and Quaday (meter socket and replace underground) New service wiring will be in conduit due to gopher problem in the area Note: High pressure gas main in area THANKS! YOUR BUSINESS IS APPRECIATED!!! TOTAL ALL BILLS SUBJECT TO INTEREST AFTER 10 DAYS, MIN. $1.00 ! $3,800.00 Unlimited Electric, Inc. Is not responsible for any unseen problems (existing wiring not to code, burnt wires, and, or damaged electrical equipment) Please sign and return to... ITEM 5.4 OTSEGO PRESERVE IST ADDITION Escrow Deposits Date Notes $2,800.00 8/11/2003 Preliminary Plat $400.00 1/21/2004 Final Plat $69,752.00 5/10/2004 Dev Agreement - Eng, Legal $4,200.00 5/10/2004 Dev Agreement - Grading Reviews -$1,000.00 8/6/2008 Escrow Reduction -$74,627.15 Expenses paid out of escrow $1,524.85 Escrow balance as of 7/9/09 OTSEGO PRESERVE 2ND ADDITION Escrow Deposits Date Notes $400.00 9/20/2004 Final Plat $80,512.50 5/10/2004 Dev Agreement - Eng, Legal $6,500.00 5/10/2004 Dev Agreement - Grading Reviews -$29,000.00 8/6/2008 Escrow Reduction -$57,983.42 Expenses paid out of escrow $429.08 Escrow balance as of 7/9/09 OTSEGO PRESERVE 3RD ADDITION Escrow Deposits Date Notes $400.00 12/27/2004 Final Plat $47,880.50 5/10/2004 Dev Agreement - Eng, Legal $4,290.00 5/10/2004 Dev Agreement - Grading Reviews -$7,888.86 8/6/2008 Escrow Reduction -$43,345.23 Expenses paid out of escrow $1,336.41 Escrow balance as of 7/9/09 $3,290.34 Total escrow for Otsego Preserve -$1,800.00 Balance needed for lot grading certificates $1,490.34 Recommended escrow refund Michael C. Couri- Andrew J. MacArthur Rohert T. Ruppe— 'Also licensed in Illinois "Also licensed in California July 8, 2009 City Council Members City of Otsego c/o Tami Loff, City Clerk 8899 Nashua Avenue NE Otsego, MN 55330 RE: Mississippi Riverwood Dear Council Members, COURT, MACARTHUR & RUPPE, P.L.L.P. Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376-0369 (763) 497-1930 (763) 497-2599 (FAA) www.courimacarthur.com ITEM 6_3 Kyle R. Hartnett Sarah E. Schwarzhoff Attached is the revised Agreement between the City and Mississippi Riverwood regarding the Quantrelle Avenue assessment and the SAC for hookup to the City sanitary sewer system. The Agreement is based upon the discussion between the City Council and Mississippi Riverwood which took place last week. The Agreement calls for Mississippi Riverwood to pay the SAC charge of $ 170,950.00 in full by June 1, 2010 or it will not be eligible for the reduction in SAC offered in the Agreement. The Agreement also includes a waiver of any objection to the public improvement assessment which the Council adopted on June 22 and withdrawal of objection. The City would proceed to certify the assessment to the County in the Fall for inclusion on the tax rolls starting next year. The Agreement has been transmitted to the attorney for Mississippi Riverwood Associates, Inc. for review. I will provide the Council with a clean copy in the event that they approve it or if minor changes have to be made to the document. I will be available to further discuss the matter at the regularly scheduled City Council meeting on Monday, July 13. Very truly auris, 6ndJ.14 hur RI, ACARTHUR & RUPPE, PLLP Letter to Otsego City Council July 8, 2009 Page 2 Encl. cc: Ron Wagner, City Engineer Dan Licht, City Planner Ron Black, Attorney CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA AGREEMENT BETWEEN THE CITY OF OTSEGO AND MISSISSIPPI RIVER WOOD ASSOCIATES, INC. REGARDING ASSESSMENT FOR PUBLIC IMPROVEMENTS AND HOOKUP FEES FOR DELIVERY OF PUBLIC SERVICES WHEREAS, MNDOT has recently reconstructed portions of Quantrelle Avenue and the CITY OF OTSEGO (CITY) has added sanitary sewer, storm water and water service improvements; and WHEREAS, MISSISSIPI RIVERWOOD ASSOCIATES, INC. (MISSISSIPPI RIVERWOOD) is located along the Mississippi River at the end of that portion of Quantrelle Avenue recently improved; and WHEREAS, the legal description of that real property located in Wright County, Minnesota affected by this Agreement is as set forth on the attached Exhibit A. WHEREAS, MISSISSIPPI RIVERWOOD operates under a conditional use permit from the CITY that was originally approved by Wright County prior to the CITY assuming jurisdiction; and WHEREAS, MISSISSIPPI RIVERWOOD currently treats wastewater through a large Individual Treatment System that lies below the one hundred year flood elevation and has been used without significant improvement for approximately the last twenty (20) years; and WHEREAS, the CITY has adopted the assessment affecting MISSISSIPPI RIVERWOOD for the improvements constructed within Quantrelle Avenue; and WHEREAS, the CITY had proposed an Agreement with MISSISSIPPI RIVER WOOD regarding Sewer Access Charges (SAC) in which the CITY agreed to substantially reduce the charges to MISSISSIPPI RIVERWOOD and allowed for assessment of both public improvements and SAC charges over time; and WHEREAS, the CITY scheduled, opened, continued and closed a public hearing regarding the assessment for public improvements; and WHEREAS, the CITY, at its regularly scheduled meeting on June 22, adopted the assessment for public improvements constructed within Quantrelle Avenue; and WHEREAS, MISSISSIPPI RIVERWOOD has filed a written objection to the assessment for public improvements in accordance with State Statutes; and WHEREAS, the CITY has further negotiated with MISSISSIPPI RIVER WOOD regarding the assessment and SAC amounts. WHEREAS, the CITY determines that a specific deviation from normal calculation of SAC charges is appropriate due to the circumstances of this particular project and the unique characteristics of MISSISSIPPI RIVERWOOD: ■ MISSISSIPPI RIVERWOOD is limited by the conditional use permit governing the property to seasonal occupancy between April 1 and November 1 each year. ■ The City Engineer has stated that the peak sewage flows for MISSISSIPPI RIVERWOOD will occur at off-peak times for typical residential, commercial, industrial or institutional users of the municipal sewer system. ■ The information provided by MISSISSPPI RIVERWOOD used to estimate sewer flow is based on data from the meter on the existing water well, which would include water use for irrigation or maintenance of the existing swimming pool on the property. ■ The CITY and MISSISSPPI RIVERWOOD initiated negotiations on this agreement in 2008 as a basis for project costs and SAC. NOW, THEREFORE, the Parties agree as follows: 1. The project and the cost of the project are intended to preserve a safe environment for the users of MISSISSIPPI RIVERWOOD's property. 2. The CITY will not require MISSISSIPPI RIVERWOOD to hookup to available municipal water services nor make payment of CITY Water Access Charges (WAC) until such time as the Minnesota Department of Health determines that the existing water wells servicing MISSISSIPPI RIVERWOOD are non- compliant. MISSISSIPPI RIVERWOOD will pay the WAC rate in effect at the time that they connect to municipal water service. 3. The CITY has determined MISSISSIPPI RIVERWOOD's responsibility for the construction of the public improvements to be $86,875.71 based on the feasibility report prepared by the City Engineer and approved by the CITY for the project. 2 4. Section 6-1-6 requires payment of SAC for all connections to the municipal sewage treatment system. In accordance with Section 6-1-6.C, the SAC for non- residential uses is to be per the current Metropolitan Council Environmental Services Procedures Manual unless otherwise approved by the CITY. 5. Pursuant to the specific circumstances of this outlined herein, the CITY shall calculate the SAC for MISSISSIPPI RIVERWOOD as follows: Residential Equivalent Connection (REC) = 175 gallons per day (gpd) 2008 SAC rate = $6,575.00/REC Actual 2006 MISSISSIPPI RIVERWOOD water use: 1.65 million gpd. Estimated average daily sewer flow based on 182 day season = 9,066 gpd. Number of RECs = 9,066 gpd. / 175 = 52 RECs CITY discretionary discount: 52 RECs x 50% = 26 RECs SAC = 26 RECs x $6,575.00 = $170,950.00 6. MISSISSIPPI RIVERWOOD agrees that the calculation for SAC provide for herein is a specific deviation from normal of SAC based on the factors stated and further that: a. The payment of $170,950.00 for SAC by MISSISSIPPI RIVERWOOD is equal to 26 RECs and shall be credited has having paid for and reserved only 26 RECs of available municipal sewer service relative to expansion or redevelopment of the use of the property. b. Potential future expansion of MISSISSIPPI RIVERWOOD's current use, including increasing the number of recreational vehicle sites or the period of the annual season, or redevelopment of the property with another use as may be allowed by the CITY Comprehensive Plan and Zoning Ordinance shall have SAC calculated pursuant to the City Code and shall pay those additional charges above 26 RECs. c. Payment of SAC for allocation of more than 26 RECs shall be in accordance with the SAC rate in effect at the time of CITY approval. d. This Agreement shall be recorded against the property so as to bind any successor in title to its terms and conditions, and MISSISSIPPI RIVERWOOD shall inform any potential purchaser of the property of the Agreement and the potential for payment of additional SAC fees based upon use of the property. 7. MISSISSIPPI RIVERWOOD agrees to connect to the municipal sanitary sewer system by June 1, 2010: a. MISSISSIPPI RIVERWOOD must apply for a permit to hookup to the system and comply with all existing City Codes, standards, regulations and rules regarding the system and discharge into the system. b. Prior to hookup MISSISSIPPI RIVERWOOD shall demonstrate to the satisfaction of the City Engineer that its new lift station and forcemain has been constructed in accordance with all applicable rules, standards and regulations related to such construction including the CITY Engineering Manual and CEAM and 10 State Standards. C. MISSISSIPPI RIVERWOOD agrees to inspection of the system by the City Engineer during construction. d. MISSISSIPPI RIVERWOOD has applied for and will receive a permit to hookup to the City system upon completion of its Sanitary Sewer Improvement project and payment of any engineering costs incurred by the City from plan review and inspection, which plans and specifications have been approved by the City. e. MISSISSIPPPI RIVERWOOD agrees to regularly service, maintain and repair its internal system to remain in compliance with all applicable State Statues, the City Code or other rules and regulations. 8. MISSISSIPPI RIVERWOOD shall submit to the CITY a written withdrawal of its objection to the proposed public improvement assessment at the time this agreement is executed by the parties. Further, MISSISSIPPI RIVERWOOD hereby waives any and all objections to the assessment for public improvements located within the right of way of Quantrelle Avenue in the amount of $86,875.71 assessed over a period of ten years at an interest rate of 6% per annum pursuant to Otsego Resolution No. 2009-21 adopted on June 22, 2009, including the right to appeal pursuant to Minnesota Statute 429.081 and any applicable case law or otherwise. 9. MISSISSIPPI RIVERWOOD shall provide the City with $ 170,950.00 as payment in full for SAC for connection to municipal sewer services, said payment to be made by June 1, 2010. 10. The CITY shall certify the adopted assessment for public improvements to Wright County by November 15, 2009 for inclusion on property tax billings for 2009 property taxes payable in 2010. 11. This agreement and the terms applicable to the calculation of the SAC shall be void if MISSISSPPI RIVERWOOD has not made full payment of the SAC as 4 required herein by June 1, 2010, including, but not limited to, rescission of the CITY discretionary discount of the SAC and requiring payment of the SAC based on 52 RECs at the SAC rate in effect at the time of connection. 12. This Agreement shall be recorded against title to the property described in Exhibit A and shall run with the land and its terms and conditions shall be binding upon all successors in title. MISSISSIPPI RIVERWOOD ASSOCIATES, INC. By: Its CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk STATE OF MINNESOTA) ) ss COUNTY OF WRIGHT ) Subscribed and sworn before me this July, 2009 by day of the of Mississippi Riverwood Associates, Inc. with authority. NOTARY PUBLIC STATE OF MINNESOTA) ) ss COUNTY OF WRIGHT ) Subscribed and sworn before me this day of July, 2009 by Jessica Stockamp, Mayor and Tami Loff, City Clerk on behalf of the City of Otsego. NOTARY PUBLIC DRAFTED BY: COURI, MACARTHUR & RUPPE, PLLP 705 Central Avenue East PO Box 369 St. Michael, MN 55376 763- 497-1930 0 EXHIBIT A LEGAL DESCRIPTION FOR: Mississippi Riverwood Associates, Inc. PID #'s 118-500-232301 and 118-500-233100 The North 3i=1 the of Government Lot 3 and Government Lot 2 lying Easterly of Trunk Highway No. 101 in Section 23, Township 121, Range 23, Wright County, Minnesota, and that part of the South 1 /4 of Lot 3, Section 23, Township 121, Range 23, lying East of Minnesota Highway No. 101, as presently laid out and established. Plus the attached land from George Lewis Benesh (See legal description attached) Legal description: That part of Goverment Lot 4 of Section 23, Township 121,Range 23, Wright County, Minnesota, described as following: commencing at the northwest corner of said Government Lot 4 of Section 23; thence South 89' 551 oo" East, assumed bearing, along the north line of said Government Lot 4, a distance of 1191.37 feet to the easterly right of way line of Minnesota State Highway No. 101 and the actual point of beginning; thence south 3. 321 3011 East along said easterly right of way line, a distance of 20 feet; thence South 89' 55' 00" East, a distance of 349 feet, more or less, to the river edge of Mississippi River; thence northerly along said river edge of the Mississippi River, a distance of 20 feet, more or less, to the north line of said Government Lot 4; thence North 89' 551 0011 West along said north lContaining on17 acres morefeet,orolsssre r Or the point of beginning. Subject to and together with an easement ifivt } or of the municipality of ostego for utility purposes urp her side of the line described as follows: commencing at the northwest corner of said Government Lot 4 of Section 23; thence South 89' 551 00" East, assumed bearing, along the north line of said Government Lot 4, a distance of 1191.37 feet to the easterly right of way line of Minnesota State Highway No. 101; thence South 3' 321 3011 East along said easterly right of way line, a distance of 20 feet to the point of beginning of said line, thence South 89' 551 oo" East, a distance of 349 feet, more or less, to the river edge of Mississippi River there ending. 07/08/2009 16:49 763-497-2599 COURIMACARTHURRUPPE qui. U, ZUV9 3:IIFM Black Moore Bumgardner Magmsen FACSIMILE I104W eWSWZeo Rmaid G Black DATE; July 8. 2Q09 m"15OC11 K. Mow JaMWA. knpfdner TO: Andrew J. MacArthur Rhtxnde 1. MiEnUssert FACSIMILE: 763-497-2599 ane 0. He*en FROM: Ronald G. Slack Christopher]. Johnson PAGE 02/03 No, 2036 p, , NUMBER OF PAGES, NICLUDWG COVER SHEET: 2_ IF TRANSMISSION PROBLEMS OCCUR, OR YOU ARE NOT THE INTENDED RECIPIENT, PLEASE CALL (763) 441-7040. FTrsT kationaJ MESSAGE: finanQat Center 912 Abla Strw Sults W2 Elk Rtaer, MN S 3�0 Phone 763•x•7040 fax 763-44Lo901 web ORIGINAL: __X_ Sent via U.S. Mall vrAw.ramnla l'irm..eom Sent via Overnight Mail Not Mailed +Q 211111 d "utrall UMW RUW Li4 07/08/2009 16:49 763-497-2599 COURIMACARTHURRUPPE PAGE 03103 Jul. d. 1009 3,11PM Black Moore Bumgardner Magnusson No, 2036 P. 2 .q n sA ~ July 8, 201 VIA FACSIMILE AND U.S. MAIL sec .r 763.497-2699 Mr. Andrew J. MacArthur COURT, MACARTHUR & RUPPE, PLLP 705 Central Avenue East PQ Box 369 St. Michael, MN 5537E -03a9 Arr=rsat law Re.- Quantreft Aweru,le Sewer and Mater Asse"ments Ronald G. Black Elizabeth K_ Moors Dear Mr. MacArthur, lames A. Bum&Wner I have had an opportunity to rgvlew the draft dated July 8, 2009 of the Rhonaa J. Magrivs4vn + proposed AgrearneM bebmen Mississippi Riverwood Association, Inc. and the Chy of 0%ego, with my dent. Ethne 0. Hedren Christopher J. Johnson We have suggested changes to the wording of the document, non of which effect the basic agreement. 1. Add a sedlon which stables: -Me project and the cost of the project does not Increase the value of Mississippi Riverwood property.' Fant Naticeal 2. Section 7.b. delete "internal system' insert "new lift station and force main'° Rnancial Center 8'12 Main Street 3. Section 7.d. delete the section and insert instead.- Sub nstead:Sub 102 Elk >tiye , MN 55330 'Mississippi Riverwood has applied for and will receive a permit to hookup to the Clty system up9n completion of As Sanitary Sewer Improvement project, which plans and specifications have been approved by the City,' Piea5e tet me know if there are any concz-,rrms or questions. Thank you. Phone Very fly Yours 763-441-7049 7ftM RE, BUMGARDNER, NX , I`Ta N3441•� Web ck www.minnlaw(irm.com Cc: Client • Quallflad Neutral Under Rule Jur ITEM 0.1 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com PLANNING REPORT TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 8 July 2009 RE: Otsego — Riverpointe; Revised 4th Addition Final Plat NAC FILE: 176.02 — 07.02 BACKGROUND Lennar Corporation received final plat approval of Riverpointe 4th Addition consisting of 29 single family lots on 12 February 2009. The final plat has not been recorded or the development contract executed in response to declining market conditions. The City Council has granted extensions of the final plat approval into 2010. The developer has contacted the City requesting consideration of a revised final plat consisting of 10 single family lots to make additional inventory available short term. Riverpoine is located east of TH 101 along CSAH 36, adjacent to the East Waste Water Treatment Facility. The Comprehensive Plan guides the subject site for low density residential development and it is zoned R-4, Residential Urban Single Family District. Exhibits: A. Revised Final Plat. ANALYSIS Preliminary Plat Consistency. The site design for the revised final plat is consistent with the approved preliminary plat and construction plans. All of the single family lots meet R-4 District minimum lot area and width requirements of 12,000 square feet and 75 feet respectively. Streets. The proposed 4th Addition extends Radford Avenue to the north plat line and all 10 lots will access from this street. A temporary cul-de-sac is required at the terminus of Radford Avenue. A temporary easement for the cul-de-sac must be provided and is subject to review and approval by the City Engineer. Sidewalks/Trails. The City did not require construction of sidewalks along local residential streets at the time the Riverpointe preliminary plat was approved. As such none of the prior phases or the proposed 4th Addition include sidewalks within the right- of-way. Park Dedication. No land was dedicated from Riverpointe for City parks. As such, park and trail dedication requirements are satisfied by payment of a cash fee in lieu of land to be used for future park land acquisition or development. The calculation of required park and trail fees is shown below: 10 lots X $3080.00/lot = $30,800.00 Outlots. There are two outlots on the final plat. Both are intended to final platted as future phases of development. The final plat must be revised to illustrate the existing drainage and utility easement within proposed Outlot B that encompasses sewer lines from Queens Avenue. Grading Plan. The developer has submitted a grading plan for the subject site, which is subject to review and approval by the City Engineer. Utility Plan. Plans for extension of utilities to serve the lots of the fourth addition have been submitted and are subject to review and approval by the City Engineer. Easements. The final plat illustrates drainage and utility easements at the perimeter of all of the single family lots as required by the Subdivision Ordinance. The drainage and utility easements also encompass the wetland areas at the west edge of Outlots A and B. All easements are subject to review and approval by the City Engineer. Development Contract. Upon approval of the final plat, the developer must execute a development contract with the City and record the final plat within 100 days of City Council action. The fees required by the development contract are to be those currently in effect. The development contract is subject to review and approval by the City Attorney. RECOMMENDATION The proposed Riverpointe 4th Addition Final Plat is consistent with the approved preliminary plat, the Comprehensive Plan, the Zoning Ordinance and the Subdivision Ordinance. Our office recommends approval of the final plat subject to the stipulations outlined below under possible actions. 2 POSSIBLE ACTIONS A. Motion to approve the revised Riverpointe 4th Addition Final Plat subject to the following conditions: The final plat shall be recorded with Wright County within 100 days of City Council approval. 2. Easements for the temporary cul-de-sacs at the terminus of Radford Avenue shall be submitted and are subject to review and approval by City staff. 3. The final plat is revised to illustrate the existing drainage and utility easement within proposed Outlot B. 4. The developer shall pay a cash fee in lieu of land of $30,800.00 to satisfy park and trail dedication requirements. 5. The submitted grading, drainage and erosion control plan shall be subject to review and approval by the City Engineer. 6. The submitted street and utility construction plans shall be subject to review and approval by the City Engineer. 7. Subject to review and approval by the City Attorney, the developer shall execute a development contract with the City, pay all required fees in accordance with the 2009 fee schedule, post required securities and abide by its terms and conditions. B. Motion to deny the application based on a finding that the request is inconsistent with the Subdivision Ordinance. C. Motion to table. Mike Robertson, City Administrator Tami Loff, City Clerk Ron Wagner, City Engineer Andy MacArthur, City Attorney Joe Jablonski, Lennar Corporation CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA APPLICANT: Lennar Corporation 07-07-09 FINDINGS & DECISION FINAL PLAT APPLICATION: Request for approval of a final plat for Riverpointe 4t" Addition establishing 10 lots, outlots and public rights-of-way. CITY COUNCIL MEETING: 13 July 2009 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is Outlot B, Riverpointe 2nd Addition, City of Otsego, County of Wright, State of Minnesota. B. The subject site is guided by the Comprehensive Plan for low density residential uses within the East Sewer District. C. The subject site is zoned R-4, Residential Urban Single Family District. D. A preliminary plat for Riverpointe was approved by the City Council on 24 July 2000 subject to nine conditions. E. The proposed final plat consists 10 single family lots, two outlots and public rights-of-way. F. The Planning Report dated 7 July 2009 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. G. The Engineering Review dated 8 February 2007 prepared by the City Engineer, Hakanson Anderson Associates, Inc., is incorporated herein. H. The final plat is processed in accordance with Section 21-3-3 of the Subdivision Ordinance. DECISION: Based on the foregoing information and applicable ordinances, the requested application is hereby APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: The final plat shall be recorded with Wright County within 100 days of City Council approval. 2. Easements for the temporary cul-de-sacs at the terminus of Radford Avenue shall be submitted and are subject to review and approval by City staff. 3. The final plat is revised to illustrate the existing drainage and utility easement within proposed Outlot B. 4. The developer shall pay a cash fee in lieu of land of $30,800.00 to satisfy park and trail dedication requirements. 5. The submitted grading, drainage and erosion control plan shall be subject to review and approval by the City Engineer. 6. The submitted street and utility construction plans shall be subject to review and approval by the City Engineer. 7. Subject to review and approval by the City Attorney, the developer shall execute a development contract with the City, pay all required fees in accordance with the 2009 fee schedule, post required securities and abide by its terms and conditions. IJ,[Q11to] ►I:YA SECOND BY: I:IIaIilREAV10]13 THOSE OPPOSED: Attest: ADOPTED by the Otsego City Council this 13th day of July, 2009. Tami Loff, City Clerk CITY OF OTSEGO M Jessica Stockamp, Mayor 1111 Hakanson Anderson Assoc., Inc. ITEM Review No. 2 ENGINEERING REVIEW Commercial and Residential Subdivision for the City of Otsego by Hakanson Anderson Associates, Inc. Submitted to: Honorable Mayor and City Council cc: Mike Robertson, Administrator Tami Loff, City Clerk, Dan Licht, City Planner Andy MacArthur, City Attorney Carol Toohey, Lennar Corporation Daniel L. Schmidt, P.E. Sathre-Bergquist, Inc Reviewed by: Ronald J. Wagner, P.E. Brent M. Larson, P.E. Date: July 8, 2009 Proposed Development: RiverPointe 4t' Addition Street Location of Property: A portion of the northwest 1/4 of Section 1, T120N, R23W. The property is located East and West of Radford Avenue NE, North of Future 58`h Court NE. Applicant: Carol Toohey Lennar Corporation 935 East Wayzata Boulevard Wayzata, Minnesota 55391 (952)473-1231 Developer: Orrin Thompson Homes Purpose: RiverPointe 4th Addition is a proposed 10 unit single-family residential development in the City of Otsego, Wright County, Minnesota. The proposed development will be served with municipal water, sanitary sewer, storm sewer, and public streets typical of an urban setting. Jurisdictional Agencies: City of Otsego, Wright County, Minnesota Department of (but not limited to) Health, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency, Wright Soil and Water Conservation District. Permits Required: Minnesota Department of Health (water) and (but not limited to) Minnesota Pollution Control Agency (sanitary sewer) 8_7 TABLE OF CONTENTS INFORMATION AVAILABLE FINAL PLAT CONSTRUCTION PLANS COVER SHEET STREET PLAN SANITARY SEWER AND WATERMAIN PLAN STORM SEWER PLAN GRADING, DRAINAGE & EROSION CONTROL DETAILS STORM SEWER DESIGN HYDROLOGY OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION SAW nicipalWotsego22xx122691ot2269RVW2.doc Page 2 of 6 INFORMATION AVAILABLE RiverPointe 4th Addition Final Plat, 7/1/09 revision, by Sathre-bergquest, Inc. RiverPointe 4th Addition Construction and Grading Plans, 1/16/07 revision, by Sathre-Bergquist, Inc. RiverPointe 4th Addition Sanitary and Watermain Construction Plan, 9/15/06 revision, by Sathre- Bergquist, Inc. 100 -Year Stormwater Quality and Quantity Management Plan by Sathre-Bergquist, Inc., dated 10/6/00 RiverPointe 2nd and 3rd Addition 100 -Year Stormwater Quality and Quantity Management Plan by Sathre-Bergquist, Inc., dated 6/4/02 RiverPointe 3rd Addition Final Plat, recorded 10/17/02, by Sathre-Bergquist, Inc. RiverPointe 3th Addition As -built Construction and Grading Plans, dated 6/4/02, by Sathre-Bergquist, Inc. RiverPointe As -built Grading Plans, dated 9/20/01 by Sathre-Bergquist, Inc. RiverPointe Geotechnical Evaluation, dated 1/20/00 by Braun Intertec, RiverPointe Wetland Delineation Report, dated 1/30/01, by Kjolhaug Environmental Service Company Alta/ACSM Land Title Survey, Sheets 1 & 2 of 2 City of Otsego Engineering Manual, March 2005 Revision Minnesota Rules, Chapter 4410 — EAW Requirement City of Otsego Zoning and Subdivision Ordinances National Wetland Inventory Map, 1991 S:\MunicipalWotsego22xx\2269\ot2269RVW2.doc Page 3 of 6 FINAL PLAT The previously submitted and approved Riverpointe 4th Addition Final Plat, dated 1/16/07, was approved by City Council contingent upon all the City Planner's and City Engineer's comments being addressed. A revised final plat was never resubmitted and never filed with Wright County. Therefore we offer the following comments: 1. 59th Street NE must be labeled. 2. All existing utilities shall be covered with minimum 20' wide easements. (i.e. the watermain and sanitary sewer along future 59th Street, the sanitary sewer extending south from future 59th Street through the western wetland, and the trunk watermain along the north property line) 3. An easement is needed to cover the cross drainage swales in Lot 1, Block 3. (Cross drainage is shown on the grading plans dated 1/16/07) 4. Separate documentation shall be filed to cover the temporary cul-de-sac at the north end of Radford Avenue with a temporary easement. 5. All wetlands and the required 20' wetland buffers shall be contained within outlots and covered by appropriate easements. CONSTRUCTION PLANS The previously submitted Riverpointe 4th Addition Construction and Grading Plans, dated 1/16/07, were approved by City Council contingent upon all the City Planner's and City Engineer's comments being addressed. Revised plans have not been submitted. Therefore the following comments pertain to the previously submitted plans: COVER SHEET (SHEET 1) 1. 58th Street NE shall be named 59th Street NE. 57th Circle NE in the future phase was depicted as 58th Court NE, please verify and revise. 2. At the west end of 59th Street NE, the street shall be shown with a stub to the north to provide a future connection. STREET PLAN (SHEET 2) The maximum allowable street grade is 7%. Please revise street profiles for 59th Street NE and Radford Avenue NE to meet this maximum street gradient. 2. The alignment/configuration of 59th Street NE cannot be approved unless it can be shown that a westerly extension of 59th Street NE is possible and feasible. Please submit design information. 3. A northerly extension of Rachelle Avenue NE from 59th Street NE is required. 4. Bituminous curb is required for temporary cul-de-sac's. A 60' return radius is required for the temporary cul-de-sac's. S:\Municipal\Hotsego22xx\2269\ot2269RVW2.doc Page 4 of 6 6. The concrete curb and gutter shall not be extended through the temporary cul-de-sac's. SANITARY SEWER AND WATERMAIN PLAN (SHEET 3) Please depict the storm sewer crossing at 11+16. 2. A curb stop cover for Lot 11, Block 2 service is required if place with in a paved area. 3. All sanitary sewer and watermain shall have a minimum of 24" vertical separation or a minimum of 12" vertical separation with insulation between storm sewer crossings. Please provide a note on the plans insulate the storm crossing at 9+32. It appears that the sanitary sewer and watermain may need to be removed and reinstalled to construct the storm sewer at this location. 4. Depict the existing sanitary sewer service to the property line for Lot 1, Block 1. STORM SEWER PLAN (SHEET 4) 1. Sheet 4, STMH-12 casting type on the storm sewer schedule is shown as a R-4342, please revise to R-1642. 2. Submit storm sewer sizing and inlet spread calculations. GRADING. DRAINAGE & EROSION CONTROL (SHEET 5 1. 59th Street is mislabeled as 58th Street, please revise. 2. A drainage and utility easement is required over the storm sewer across Lot 10, Block 1 to wetland "M4". 3. Depict lot corner elevations for all lots and blocks. DETAILS (SHEETS 6-7) Per the typical street section detail in the Riverpointe 3rd Addition as -built plans, Radford Avenue received 18" of class 3 aggregate due to poor subgrade soils in the area adjacent to Riverpointe 4th Addition. All new streets shall receive the same minimum section as previous additions (i.e. 1.5" bituminous wear course, 2" bituminous base course, 6" class 5 aggregate, and 7" of class 3 aggregate). The extension of Radford Avenue will most likely require additional class 3 as was needed in the 3rd Addition. A geotechnical engineer must review the site at the time of construction. STORM SEWER DESIGN Please submit a copy of the storm sewer design and inlet spread calculations. (The storm water runoff for the lots being platted at this time have been accounted for in Riverpointe 3rd Addition therefore this is not required with this revision of Riverpointe 4th Addition). S:\MunicipaMotsego22xx\2269\ot2269RVW2.doc Page 5 of 6 HYDROLOGY The area of Riverpointe 4t' Addition is not included in the accepted hydrology models for Riverpointe 1St — P Additions. Please provide a copy of the information pertaining specifically to the 4th Addition from these reports. OTHER CONSIDERATIONS 1. Under special provisions 18.2 in the specifications dated 1/15/07, "zero air voids" is allowed in backfill material below 3 feet of the subgrade. City standards require 95% of standard proctor density below the top 3 feet. 2. Temporary cul-de-sac shall be covered by a temporary easement. A copy of the recorded easement shall be submitted. SUMMARY AND/OR RECOMMENDATION We recommend approval contingent upon the above comments being addressed. S:\ Municipal\Aotsego22xx\2269\ot2269RWV2.doc Page 6 of 6 RIVERPOINTE 4TH ADDITON KNOW ALL MEN BY THESE PRESENTS: Tor Tbuow H. Kmr M e single perwo, fee owner teed U.S. Home CotpontpM o Dclo—I emporetioo, wnmwn pumhwa Wthe following dmribed property sinmtd in the Smm of Minm Wk Cmnry of Wright to wiC Oudot D, RJVERPOMTE 2ND ADDMON, Wright Cowry, Mi— How uuwd IM wore m be ssvveyed wd platmd as RIVERPOINTE 4TH ADDITION end da hereby deist, end dedicme to the public fW public use forever the thomughfms ad dor dedicem nwmwm for dreimp sed utility plum —been wthe plot. In wimew whereof wid TIWWW H. Koe h hw hemwto set Ms had Nis_ day of� 20_ Thoma H. Koerwitn STATE OF MMNESOTA COUNTY OF The fartgoieg mstr— wee ecIWcI4dgd by me this_ dry Wf 20_ by Thome H. Koetwitz a single person. Net, Public,_ Cwmy, Miwesom My Commiwice Exptres In wibew whw.mf wid U.S. Home Coryamdw, a Delaware cory0mtiw hw caused thew preswm w be sigmd by im pmpa oflim this_ duy M` 200_ Signed: US. Home Corywatiw Jw. Aum, Division Vice Pmidmt STATE OF MINNESOTA COUNTY OF c,opeeegoing inmumwtw-acknowledged bef methis_doy of 200_by/on Aisne, Division Vitt Presidem of U.S. Home Carpomtiae,n Delaware corymetion on behelfef6e mrpntiw. Notary Public, County, Mitmmoce My Commiwim papim 1 hereby eenify That 1 have surveyed end pinmd fe property dm,'W on bis plat n RIVERMTE 4TH ADDITION; the This plat is a wm repc wim ofthe wrvry; the rill dive e e conenly shawl ue the plw m feet ad hundredths ofa fou; tut ell mee=hoe been correctly placed in 6e ground It shown; —ill be plattd w requirtd by to heel govemmcnt wit; tM the oubide bwndary lion arecmrectly dnigeetd w fe plat wed tut then see no wet laude es defimd m Mirmuow Smfa, 5atgn 305.02, Subdivision 1 or public highwrys m be dnignamd dhatun u sholm. Daniel L. Schmidt Licuad lad Surveyor Miwewm Limen N. 26147 STATE OF M COUNTY OF HENNEPIN The F.Vmg Surveyor Certifiers ww acknowledged before me 6u_ day of 20. by Duffel L. Schmidt, Licmud Land Surveyor. Miwewm Liceme No. 26147 Notary Public, Hennepin Cwnry, Mmmwm My Commiwion Expim N SATHRE—BERGQUIST, INC. CfFY OF OTSEGO, MTNNESOTA Tblo Plot of lUVMPOINFE 4TH ADDMON, oris approved and —peed by the City Cmmil of the City ofOteego, Mim—w a meeting held 6ie_day of ,200_ A—: City Cluk COUNTYSURVEYOR EI -wed! aed rewmmeeded fur app..l IN, _ dry of 200_ Wright Camay Surveyor COUNTY AUDrFOR Tues paid fa all yam 6mueh year—end trvm[a entered thb_day of 200_ Wright Cowry Auditor COUNTY TREASURER I hereby certify tuttun payable in the ywrwlends herein dncribed arc paid 6isdey of 200_. Wright Co unry Tmwrer COUNTY RECORDER IlImbycenifythouthis instrument wn fifdin the 0(fitt ofthe Coumy Reeuda fu leeoedw 6lo_day of 200_, et aclock _M., ad Is duly recorded in Cabinet Sleeve wDmumenl Number Cowry R,.w Wright County. Mienmote PRELIMINARY 07/1/09 NORTH RE m 6 3- m - 12 3 scA� In p --r Tbs m,1. rm w, b®i°R °rAa° b le. sp°m u°. U. 41bl ofSalim lf, Towmbip 1, A� 33� �1npp.°u, wbi°h bua m 29'3°'W. O m.mn ircAb 14° im°piPo WMe R out by N°. 36147 • D°mla.pamu b°. mmm.ml Oomn°FNm6Cm-bmMmunm °RA—E AND IIf6I1Y EAS-bIH114 ARE EHOWNTIM: NGTTO SCALL -sie{6f nwi�dtlpi°Iry lot R°e. mlu°°ari. mdl0 as b.NA.6.djoNio, IVyN«•,y.N a � mm ee.wY. wloNa.. am, m w pu. t SATHRE-BERGQUIST, INC. RIVERPOINTE 4TH ADDITON IINE 0 TIE SE 1/6 SE COR Di SEC 35. . S. UNE O TIE SW 1/4 SEC 3w TNP. 121, ROE. 23 T 121, M. 23. W EGNT i W SEC 39, T . 121, RCE 23 j COUNTY YONVYENT e9R2e'W -- N89°41'03•E 1158.58 OUTLOT B N>2eJz'�. A oe.g.'o, . N. UNE M WROT S. >/ RIYElt 9 T ND NNNTW �]° Spi � 159.21 1 [21 IN 1x0.00 —I 1 nl ZI In 1 1 �� Z ♦ I �q16 -------- 0-2L___.j _—_1-0.00____. 1 NB9°30'30'E S5 _e Ir 3-'31YW uTa> 2o'cm s` 11• °/."h ;��: 3 �sw.ir uxEj_a � ,p; dQPo � /F ;T �� 'IJ• '� a:aee�� '�Yd c'6��' 4 1'sE owl't 0Zi gi gory^ / 'g• c.. �� ?s>� / / gs� wamu?I L— 66—,2111 \ 173.03 — N88VMO8•W NBB°18'08•E \ RI1JEEkPCI r G F D ADD—ON PRELIMINARY 07/1/09 m �In m ' ?JIt` OUTLOT ` WY Y �Im .40 f zsr.re �ilp�h-,�L1"J/` snadosu — o16r✓ .i��0,,�^E S8J JS N>2eJz'�. A oe.g.'o, . N. UNE M WROT S. >/ RIYElt 9 T ND NNNTW �]° Spi � 159.21 1 [21 IN 1x0.00 —I 1 nl ZI In 1 1 �� Z ♦ I �q16 -------- 0-2L___.j _—_1-0.00____. 1 NB9°30'30'E S5 _e Ir 3-'31YW uTa> 2o'cm s` 11• °/."h ;��: 3 �sw.ir uxEj_a � ,p; dQPo � /F ;T �� 'IJ• '� a:aee�� '�Yd c'6��' 4 1'sE owl't 0Zi gi gory^ / 'g• c.. �� ?s>� / / gs� wamu?I L— 66—,2111 \ 173.03 — N88VMO8•W NBB°18'08•E \ RI1JEEkPCI r G F D ADD—ON PRELIMINARY 07/1/09 RIVE"C)INTE 4TH ADDITON SE COR OF SEC. 35, �• , S. LINE OF THE SW 1/4 . N. LINE OF OUTLOT 8, LINE OF THE SE 1/4 /� TWP. 121• RGE. 23. WRIGHT \ / OF SEC. 38, TW, 121, RGE." 23 - / RIVERPOINT 2ND ADDITION J SEG 35, Twp. 121, RGE. 23 / �° / / / COUNTY MONUMENT IS�+n / °29'24"W ! — W �WL•1'^^7•' N89°41'03"E 1158.58 — \ 248.58 _ \/— N\3 \0. \ 159.21 I W N--- 180.00 11 I QsuQ°S° N\ W\'-5►t nl z 1 Im �I 1 1 ot�y eo° 1 B IF 1 FI 1 C 1 R ` rC,+wrySe J dO1I ? f = L iaS 00 'm d✓ J p n U� M��a � �, _-- B9 °38'30"W -- � N QroQoSaD / \830 2 m S \ 0p ^ nl 00 - N82°18'33•ty 137.37 p e / I r''Im �� aQ./S ��o ieao0'-----1 $z '��i 4T4 � 1 '1'S _5N1 F 7• / f u J 1 of SURVEY LINE �� ••1°3 t ,Q\\ / ��\_ I 1M mac+ ,SURVEY LWEZ�4g 9 tP 1 '� �,'8e p w �\\ H \ '1\•µ• '_i Q Oa r- • a` a; �J , ql� Ieo,'dy ig2 I z X30 m z COv� \� Fk�S� V��\�4 S !, ��\e.. °aid/ / a m'✓AQ$ �a \ rl v C} S70o O/ i��05P p}G G�Odq / Gl lei'e"oe'�i Z c OR se sa7•i/°� w��V\ A Antw�.,.,�,a,,,\ �i11 W,o.� s1?z�ae%� 3 ��'� q y' �� \ ` o i ha\i' ��'oo H'i1°°iS�°oSS9oS \1 '� I y /A°-5IB"' kx .20W t� 3 'B°713r'1 2 %� J' y N¢Pe�' rs :o cb 1j•F g1 i2.F `. 11, 4,p N7 v LAND iii 8l JI f d` Aj/ O i\ $. •C`1J U l..I TI N7yo,l? 7°3J'S9•µ,�g / '�. „ee ` i tee/ I LA 1 day W 228.98ro° 1 (J �� NO 2/�9•r �' ""z ; \ I A�2 p.l°4g,4q Z-4 `� S7 0 804, 1 m I 3z9zsf `` m 1 o I -� . Z I o w� OUTLOT A a•u- / Zo W\nNos fa i u a l A Ap G I ` • \N82°OS0o" 24 °p M• \ W W@T\groD Qj� i iY I S74052g0, r °03'00"EN82 \\ p04,9 v _ IC c�iv�, �7n,n�55E 3 �°�\ � S82°22'35 E 184.07_ ORDINANCE NO.: 09-07 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF OTSEGO REGARDING EROSION AND SEDIMENT CONTROL. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 2-4-2.1 of the City Code is hereby amended to include the following provisions: 8. Site Development Permit: a. Under one (1) acre: $250.00 escrow b. One (1) acre to five (5) acres: $500.00 escrow C. More than five (5) acres: $1000.00 escrow Section 2. Chapter 4 of the Otsego City Code is hereby amended to include the following provisions: SECTION 4 EROSION AND SEDIMENT CONTROL Section: 4-4-1 Purpose 4-4-2 Definitions 4-4-3 Permits 4-4-4 Grading, Drainage, and Erosion Control Plan Requirements 4-4-5 Design Requirements 4-4-6 Inspection 4-4-7 Enforcement 4-4-8 Severability 4-4-1: PURPOSE: A. During the construction process, soil is the most vulnerable to erosion by wind and water. This eroded soil endangers water resources by reducing water quality, and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches, and the dredging of lakes. In addition, clearing and grading during construction causes the loss of native vegetation necessary for terrestrial and aquatic habitat and for a healthy living environment for citizens of the City of Otsego. B. The purpose of this Section is to safeguard persons, protect property, prevent damage to the environment and promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity which disturbs or breaks the topsoil or results in the movement earth within the City of Otsego. 4-4-2: DEFINITIONS: For the purposes of this section, the following terms shall mean: BMP Manual: The manual titled Protecting Water Quality in Urban Areas (Best management Practices for Minnesota) prepared by the Minnesota Pollution Control Agency, Division of Water Quality, Latest Edition. Certified Contractor: An individual who has received training and is licensed by the State of Minnesota to inspect and maintain erosion and sediment control practices. Clearing: Any activity which removes the vegetative surface cover. Drainage Way: Any channel that conveys surface runoff throughout the site. Erosion Control: Any measures that prevent erosion. Grading, Drainage, and Erosion Control Plan: A set of plans prepared by or under the direction of a licensed professional engineer that depicts existing and proposed grading, temporary and permanent drainage facilities, and indicates the specific measures and sequencing to be used to control sediment and erosion on a development site before, during and after construction. Grading: Excavation or fill of material, including the resulting conditions thereof. Perimeter Control: A barrier that prevents sediment from leaving a site either by filtering sediment -laden runoff, or diverting it to a sediment trap or basin. Phasing: Clearing a parcel of land in distinct phases, with the stabilization of each phase before the clearing of the next. 2 Sediment Control: Any measures that prevent eroded sediment from leaving the site. Site: A parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation. Site Development Permit: A permit issued by the municipality for which the purpose is construction or alteration of ground. Stabilization: The use of practices that prevent exposed soil from eroding. Start of Construction: The first land -disturbing activity associated with a development, including land preparation such as clearing, grading and filling; installation of streets and walkways; excavation for basements, footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages. Watercourse: A body of water (lake, pond) or a depression of land or expanded part of a river, or an enclosed basin that holds water and is surrounded by land. Waterway A channel that directs surface runoff to a watercourse, or to the public storm drain. 4-4-3: PERMITS: No land owner or land operator shall receive any of building, grading or other land development permits required for land disturbance activities without first meeting the requirements of this Section prior to commencing the proposed activity. The permit application must be accompanied by the following in order that the permit application be considered: a Grading, Drainage, and Erosion Control Plan and a permit review escrow as established by Ordinance. A. This Section applies to any construction activity disturbing ten thousand (10,000) square feet or more. B. No site development permit is required for the following activities: 1. Any emergency activity which is immediately necessary for the protection of life, property or natural resources. 2. Existing nursery and agricultural operations conducted as a permitted main or accessory use. 3. Developments that do not disturb more than ten thousand (10,000) square feet of land, provided they are not part of a larger common development plan. 3 4. Repairs to any erosion or sediment control practice deemed necessary by City Engineer. C. Each application shall include the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm, and shall be accompanied by the appropriate permit escrow. D. Each application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the Grading, Drainage, and Erosion Control Plan, and that a Certified Contractor shall be on site on all days where construction or grading activity takes place. E. Security: 1. The applicant shall file with the City of Otsego a faithful performance bond or bonds, letter of credit, or other improvement security in an amount deemed sufficient by the City of Otsego to cover all costs of improvements, landscaping, and maintenance of improvements for such period as specified by the City of Otsego for engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site. 2. Determination of other improvement securities will be upon completion of improvements and installation and establishment of landscape and turf. Establishment of landscape and turf will be at the discretion of the City Engineer. F. Review and Approval: 1. The City of Otsego will review each application for a site development permit to determine its conformance with the provisions of this Section. Within sixty (60) days after receiving an application, the City Engineer shall, in writing: a. Approve the permit application; or b. Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or C. Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission. M 2. Failure of the City of Otsego to act on original or revised applications within sixty (60) days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the City of Otsego. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the City of Otsego. G. Permits issued under this Section shall be valid from the date of issuance through the date the City of Otsego notifies the permit holder that the site has passed the final inspection as required under the permit. 4-4-4: GRADING, DRAINAGE, AND EROSION CONTROL PLAN REQUIREMENTS: A. The Plan shall meet the criteria set forth in the most recent version of the Engineering Manual. B. Modifications to the Plan: 1. Major amendments of the Grading, Drainage, and Erosion Control Plan shall be submitted to the City of Otsego and shall be processed and approved, or disapproved, in the same manner as the original plans. 2. Field modifications of a minor nature may be authorized by the City Engineer by written authorization to the permitee. 4-4-5: DESIGN REQUIREMENTS: Grading, erosion control, and sediment control practices shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City Engineer. Any construction activity disturbing one (1) acre or more of land shall meet additional criteria outlined in Section 5 if this Chapter. The design shall conform to the most recent version of the Engineering Manual and as specified herein: A. Clearing and Grading: 1. Clearing and grading of natural resources protection areas, including Wild and Scenic Recreational River District, Shoreland Overlay District, wetlands or wetland buffers shall not be permitted, except when in compliance all other Chapters of the City Code. 5 2. Clearing techniques that retain natural vegetation and retain natural drainage patterns shall be used to the satisfaction of the City Engineer. 3. Phasing shall be required on all sites disturbing greater than thirty (30) acres, with the size of each phase to be established at plan review and as approved by the City Engineer. 4. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. 5. Cut and fill slopes shall be no greater than 2:1, except as approved by the City Engineer to meet other community or environmental objectives. B. Erosion Control: 1. Exposed soil (including stockpiles) must be stabilized according to the following schedule: Slope Time (days of inactivity) Steeper than 3:1 7 days 3:1 to 10:1 14 days Flatter than 10:1 21 days 2. If vegetative erosion control methods, such as seeding, have not become established within two (2) weeks, the City Engineer may require that the site be reseeded, or that a non -vegetative option be employed. 3. On steep slopes or in drainage ways, special techniques that meet the design criteria outlined in the Engineering Manual shall be used to ensure stabilization. 4. At the close of the construction season, the entire site must be stabilized, using a heavy mulch layer, or another method that does not require germination to control erosion. 5. Best management practices shall be employed to prevent the blowing of dust or sediment from the site. 6. Best management practices that divert upland runoff past disturbed slopes shall be employed. C. Sediment Controls: 0 1. Sediment controls shall be provided and maintained per the Engineering Manual. All control measures shall be installed prior to commencement of any upstream construction activities. 2. Where possible, detention basins shall be designed in a manner that allows adaptation to provide long term stormwater management. Detention basins must be cleaned after permanent erosion control measures are in place or final stabilization has been established. The design of the detention basins shall be per the Engineering Manual. 3. Adjacent properties shall be protected by the use of a vegetated buffer strip, in combination with perimeter controls. 4. Soil stockpiles must be stabilized or covered at the end of each work day unless a perimeter control is in place. D. Waterways and Watercourses: 1. When a wet watercourse must be crossed regularly during construction, a temporary stream crossing shall be provided, and an approval obtained from Department of Natural Resources. 2. When in -channel work is conducted, the channel shall be stabilized before, during and after work. 3. All on-site stormwater conveyance channels shall be designed according to the criteria outlined in the Engineering Manual. 4. Stabilization adequate to prevent erosion must be provided at the outlets of all pipes and paved channels. E. Construction Site Access: 1. A temporary access road designed in compliance with the Engineering Manual shall be provided at all sites. 2. Other measures may be required at the discretion of the City Engineer in order to ensure that sediment is not tracked onto public streets by construction vehicles, or washed into storm drains. 4-4-6: INSPECTION: 7 A. The City Engineer shall make inspections as hereinafter required and shall either approve that portion of the work completed or shall notify the permitee wherein the work fails to comply with the Grading, Drainage, and Erosion Control Plan as approved. Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the City of Otsego shall be maintained at the site during the progress of the work. In order to obtain inspections, the permitee shall notify the City of Otsego at least two (2) working days before the following: 1. Start of Construction. 2. Erosion and sediment control measures are in place and stabilized. 3. Site Clearing has been completed. 4. Rough Grading has been completed. 5. Final Grading has been completed. 6. Close of the Construction Season. 7. Final Landscaping. B. The permitee or their agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control plan(s). The purpose of the inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the City Engineer at the time interval specified in the approved permit. C. The City Engineer shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under Section 4-4-7.13 of this Section. D. After final stabilization of the site has been established, the City Engineer shall inspect the site for compliance with the approved Grading, Drainage, and Erosion Control Plans. 4-4-7: ENFORCEMENT: A. Stop -Work Order and Revocation of Permit. In the event that any person holding a site development permit pursuant to this Section violates the terms of the permit, or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons E residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City Engineer may suspend or revoke the site development permit. B. Violation and Penalties: 1. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this Section. 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this ordinance is committed, continued or permitted, shall constitute a separate offense. 3. In addition to the other penalties authorized by this Section, any person, partnership, or corporation convicted of violating any of the provisions of this Section shall be required to bear the expense of such restoration. 4. The remedies listed in this Section are not exclusive of any other remedies available under any applicable federal or state law or the City Code and it is within the discretion of the City of Otsego to seek cumulative remedies. 4-4-8: SEVERABILITY: The provisions of this Section are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Section or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Section. Section 2. Chapter 4 of the Otsego City Code is hereby amended to include the following provisions: SECTION 5 POST CONSTRUCTION STORMWATER MANAGEMENT Section: 4-5-1 Purpose 4-5-2 Definitions 4-5-3 Permits 0 4-5-4 Waivers 4-5-5 Stormwater Management Plan 4-5-6 Design Requirements for Stormwater Management 4-5-7 Inspection 4-5-8 Maintenance and Repair Requirements 4-5-9 Enforcement 4-5-10 Severability 4-5-1: PURPOSE: A. Land development projects and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition; B. Stormwater runoff contributes to increased quantities of water -borne pollutants; and, C. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites. It is determined that the regulation of stormwater runoff discharges from land development projects and other construction activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will prevent threats to public health and safety. D. The purpose of this Section is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public and environment in the watersheds within the City of Otsego through the following objectives: 1. Minimize increases in stormwater runoff from any development in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels. 2. Minimize increases in nonpoint source pollution caused by stormwater runoff from development which would otherwise degrade local water quality. 3. Minimize the total annual volume of surface water runoff which flows from any specific site during and following development to not 10 exceed the pre -development hydrologic regime to the maximum extent practicable. 4. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management controls and to ensure that these management controls are properly maintained and pose no threat to public safety. E. This Section is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, stature, or other provision of law. The requirements of this Section should be considered minimum requirements, and where any provision of this Section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence. 4-5-2: DEFINITIONS: For the purposes of this section, the following terms shall mean: Accelerated Erosion: Erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away by the action of water, wind, or chemical action. Applicant: A property owner or agent of a property owner who has filed an application for a stormwater management permit. Building: Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area. BMP Manual: The manual titled Protecting Water Quality in Urban Areas (Best management Practices for Minnesota) prepared by the Minnesota Pollution Control Agency, Division of Water Quality, Latest Edition. Channel: A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. Dedication: The deliberate appropriation of property by its owner for general public use. 11 Detention: The temporary storage of storm runoff in a stormwater management practice with the goals of controlling peak discharge rates and providing gravity settling of pollutants. Detention Facility: A detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates. Developer: A person who undertakes land disturbance activities. Drainage Easement: A legal right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes. Fee in Lieu: A payment of money in place of meeting all or part of the storm water performance standards required by this ordinance. Grading, Drainage, and Erosion Control Plan: A set of plans prepared by or under the direction of a licensed professional engineer that depicts existing and proposed grading, temporary and permanent drainage facilities, and indicates the specific measures and sequencing to be used to control sediment and erosion on a development site before, during and after construction. Hotspot: An area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. Hydrologic Soil Group (HSG): A Natural Resource Conservation Service classification system in which soils are categorized into four runoff potential groups. The groups range from A soils, with high permeability and little runoff production, to D soils, which have low permeability rates and produce much more runoff. Impervious Cover: Those surfaces that cannot effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, etc). Industrial Stormwater Permit: An National Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies. Infiltration: The process of percolating stormwater into the subsoil. Infiltration Facility: means any structure or device designed to infiltrate retained water to the subsurface. These facilities may be above grade or below grade. 12 Jurisdictional Wetland: means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Land Disturbance Activity: Any activity which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation„ or any activity which bares soil or rock or involves the diversion or piping of any natural or man- made watercourse. Landowner: The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land. Maintenance Agreement: A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of storm water management practices. Nonpoint Source Pollution: Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources. National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: A permit issued by EPA (or by a State under authority delegated pursuant to 33 USC ' 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area -wide basis. Offset Fee: A monetary compensation paid to a local government for failure to meet pollutant load reduction targets. Off -Site Facility: A stormwater management measure located outside the subject property boundary described in the permit application for land development activity. On -Site Facility: A stormwater management measure located within the subject property boundary described in the permit application for land development activity. Recharge: The replenishment of underground water reserves. 13 Redevelopment: Any construction, alteration or improvement exceeding ten thousand (10,000) square feet in areas where existing land use is high density commercial, industrial, institutional or multi -family residential. Site Development Permit: The permit issued by the municipality for which the purpose is construction or alteration of ground. Stop Work Order: An order issued which requires that all construction activity on a site be stopped. Stormwater Management: The use of structural or non-structural practices that are designed to reduce storm water runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality and habitat. Stormwater Management Plan: The hydrologic analysis report and drainage area map(s) that provides the pre -development and post -development hydrologic site conditions. Stormwater Retrofit: A stormwater management practice designed for an existing development site that previously had either no stormwater management practice in place or a practice inadequate to meet the stormwater management requirements of the site. Stormwater Runoff: Means flow on the surface of the ground, resulting from precipitation. Stormwater Treatment Practices (STPs): means measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies. SWPPP: The Stormwater Pollution Prevention Plan required by the NPDES permit. Water Quality Volume (WQ„ ): The storage needed to capture and treat 90% of the average annual stormwater runoff volume. Numerically (WQ„) will vary as a function of long term rainfall statistical data. Watercourse: A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water. 4-5-3: PERMITS: No land owner or land operator shall receive any of the building, grading or other land development permits required for land disturbance 14 activities without first meeting the requirements of this ordinance prior to commencing the proposed activity. The permit application must be accompanied by the following in order that the permit application be considered: a Grading, Drainage, and Erosion Control Plan, a Stormwater Management Plan, and a permit review escrow as established in Section 2-4-2 of the City Code. A. This Section shall be applicable to all site development permit applications, unless eligible for an exemption or granted a waiver by the City of Otsego under the specifications of this ordinance. The ordinance also applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the following applicability criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules. In addition, all plans must also be reviewed by local environmental protection officials to ensure that established water quality standards will be maintained during and after development of the site and that post construction runoff levels are consistent with any local and regional watershed plans. B. To prevent the adverse impacts of stormwater runoff, the City of Otsego has developed a set of performance standards that must be met at new development sites. These standards apply to any construction activity disturbing one (1) acre or more of land. C. No site development permit is required for the following activities: 1. Additions or modifications to existing single family structures. 2. Developments that do not disturb more than one (1) acre of land provided they are not part of a larger common development plan. 3. Repairs to any stormwater treatment practice deemed necessary by City Engineer or any emergency activity which is immediately necessary for the protection of life, property or natural resources. D. When a development plan is submitted that qualifies as a redevelopment project as defined in Section 4-5-2 of this ordinance, decisions on permitting and on-site stormwater requirements shall be governed by special stormwater sizing criteria found in the current Engineering Manual. These criteria are dependent on the amount of impervious area created by the redevelopment and its impact on water quality. Final authorization of all redevelopment projects will be determined after a review by the City of Otsego. E. The applicant shall file with the City of Otsego a security as outlined in Section 4-4-3-E of this Chapter. 15 F. The permit application shall follow the review and approval procedure outlined in Section 4-4-3-F of this Chapter. G. Permits issued under this section shall be valid from the date of issuance through the date the City of Otsego notifies the permit holder that the site has passed the final inspection as required under the permit. 4-5-4: WAIVERS: Every applicant shall provide for stormwater management as required by this ordinance, unless a written request is filed to waive this requirement. Requests to waive the stormwater management requirements shall be submitted to the City of Otsego for approval. A. The minimum requirements for stormwater management may be waived in whole or in part upon written request of the applicant, provided that at least one of the following conditions applies: 1. It can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this ordinance. 2. Alternative minimum requirements for on-site management of stormwater discharges have been established in a stormwater management plan that has been approved by the City of Otsego and the implementation of the plan is required by local ordinance. 3. Provisions are made to manage stormwater by an off-site facility. The off-site facility is required to be in place, to be designed and adequately sized to provide a level of stormwater control that is equal to or greater than that which would be afforded by on-site practices and there is a legally obligated entity responsible for long- term operation and maintenance of the stormwater practice. 4. The City of Otsego finds that meeting the minimum on-site management requirements is not feasible due to the natural or existing physical characteristics of a site. a. Onsite non-structural practices will be used that reduce: 1) The generation of stormwater from the site, 2) The size and cost of stormwater storage and 3) The pollutants generated at the site. These non- structural practices are explained in detail in the 16 current BMP Manual and the amount of credit available for using such practices shall be determined by the City of Otsego. B. In instances where one of the conditions above applies, the City of Otsego may grant a waiver from strict compliance with these stormwater management provisions, as long as acceptable mitigation measures are provided. However, to be eligible for a waiver, the applicant must demonstrate to the satisfaction of the City of Otsego that the waiver will not result in the following impacts to downstream waterways: 1. Deterioration of existing culverts and other structures; 2. Degradation of biological functions or habitat; 3. Accelerated streambank or streambed erosion or siltation; 4. Increased threat of flood damage to public health, life, property. C. Where compliance with minimum requirements for stormwater management is waived, the applicant will satisfy the minimum requirements by meeting one of the mitigation measures selected by the City of Otsego authority. Mitigation measures may include, but are not limited to, the following: 1. The purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation and/or reforestation. These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas to protect water quality and aquatic habitat, 2. The creation of a stormwater management facility or other drainage improvements on previously developed properties, public or private, that currently lack stormwater management facilities designed and constructed in accordance with the purposes and standards of this ordinance. 3. Monetary contributions (Fee -in -Lieu) to fund stormwater management activities such as research and studies (e.g., regional wetland delineation studies, stream monitoring studies for water quality and macro invertebrates, stream flow monitoring, threatened and endangered species studies, hydrologic studies, and monitoring of stormwater management practices.) a. Fee -in -Lieu of Stormwater Management Practices. 17 1) Where the City of Otsego waives all or part of the minimum stormwater management requirements, or where the waiver is based on the provision of adequate stormwater facilities provided downstream of the proposed development, the applicant shall be required to pay a fee in an amount as determined by the City of Otsego. 2) When an applicant obtains a waiver of the required stormwater management, the monetary contribution required shall be in accordance the adopted fee schedule. Otsego is storm water authority established by the City of Otsego, and based on the cubic feet of storage required for stormwater management of the development in question. All of the monetary contributions shall be credited to an appropriate capital improvements program project, and shall be made by the developer prior to the issuance of any building permit for the development. b. Dedication of land: In lieu of a monetary contribution, an applicant may obtain a waiver of the required stormwater management by entering into an agreement with the City of Otsego for the granting of an easement or the dedication of land by the applicant, to be used for the construction of an off-site stormwater management facility. The agreement shall be entered into by the applicant and the City of Otsego prior to the recording of plats or, if no record plat is required, prior to the issuance of the building permit. 4-5-5: STORMWATER MANAGEMENT PLAN: The plan shall include a stormwater drainage report and where storm sewer structures and pipe are present or proposed, storm sewer capacity calculations. The plan shall conform to the most recent version of the Engineering Manual requirements. A. The stormwater drainage report shall include: 1. A title page, table of contents, written summary of items critical to the review of the entire report, computer printouts of the hydrologic analysis stormwater model, and drainage area maps. HR 2. When storm sewer is proposed or present storm sewer sizing and spread calculations shall accompany the stormwater drainage report. Separate drainage area maps are required depicting the area draining to each storm sewer structure. B. The Grading, Drainage, and Erosion Control Plan shall incorporate all stormwater facilities (i.e. ponds, infiltration basins, storm sewer, etc.) as shown in the Stormwater Management Plan. C. Modifications to the plan: 1. Major amendments of the Stormwater Management Plan shall be submitted to the City of Otsego and shall be processed and approved, or disapproved, in the same manner as the original plans. 2. Field modifications of a minor nature may be authorized by the City Engineer by written authorization to the permitee. 4-5-6: DESIGN REQUIREMENTS FOR STORMWATER MANAGEMENT: Stormwater management practices shall be adequate to provide the best possible protection of the City of Otsego's residents and resources to the satisfaction of the City Engineer. The design shall conform to the most recent version of the Engineering Manual. 4-5-7: INSPECTION: The stormwater management practices shall be subject to the inspection procedures outlined in Section 4-4-6 of this ordinance and as specified herein: A. All applicants are required to submit actual "As -Built" plans for any stormwater management practices located on-site after final construction is completed. 1. The Grading, Drainage, and Erosion Control Plan must have survey elevations shown to adequately show the final grading of all pond, basins, ditches, swales, and berms are built per the stormwater management design. 19 4-5-8: MAINTENANCE AND REPAIR REQUIREMENTS A. Maintenance Easement: Prior to the issuance of any permit that has an stormwater management facility as one of the requirements of the permit, the applicant or owner of the site must execute a maintenance easement agreement that shall be binding on all subsequent owners of land served by the stormwater management facility. The agreement shall provide for access to the facility at reasonable times for periodic inspection by the City of Otsego, or their contractor or agent, and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this ordinance. The easement agreement shall be recorded by the Wright County in the land records. B. Maintenance Covenants: 1. Maintenance of all stormwater management facilities shall be ensured through the creation of a formal maintenance covenant that must be approved by the City of Otsego and recorded into the land record prior to final plan approval. As part of the covenant, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the stormwater management facility. The covenant shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled cleanouts. 2. The City of Otsego, in lieu of an maintenance covenant, may accept dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. C. Requirements for Maintenance Covenants: All stormwater management facilities must undergo, at the minimum, an annual inspection to document maintenance and repair needs and ensure compliance with the requirements of this ordinance and accomplishment of its purposes. These needs may include; removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation. Any maintenance needs found must be addressed in a timely manner, as determined by the City of Otsego, and the inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the stormwater management facility. 20 D. Inspection of Stormwater Facilities: Inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the NPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater treatment practices. E. Right -of -Entry for Inspection: When any new drainage control facility is installed on private property, or when any new connection is made between private property and a public drainage control system, sanitary sewer or combined sewer, the property owner shall grant to the City of Otsego the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this ordinance is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this ordinance. F. Records of Installation and Maintenance Activities: Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least 5 years. These records shall be made available to the City of Otsego during inspection of the facility and at other reasonable times upon request. G. Failure to Maintain Practices: 1. If a responsible party fails or refuses to meet the requirements of the maintenance covenant, the City of Otsego, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. 2. The City of Otsego shall notify the party responsible for maintenance of the stormwater management facility of the violation in writing. Upon receipt of that notice, the responsible person shall have 24 hours to 7 days, as deemed appropriate by the City 21 Engineer and depending on the nature of the violation, to effect maintenance and repair of the facility in an approved manner. 3. After proper notice, the City of Otsego may assess the owner(s) of the facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as property taxes. 4-5-9: ENFORCEMENT: A. Stop -Work Order and Revocation of Permit. In the event that any person holding a site development permit pursuant to this Section violates the terms of the permit, or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City Engineer may suspend or revoke the site development permit. B. Violation and Penalties 1. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this Section. 2. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this ordinance is committed, continued or permitted, shall constitute a separate offense. 3. In addition to the other penalties authorized by this Section, any person, partnership, or corporation convicted of violating any of the provisions of this Section shall be required to bear the expense of such restoration. 4. The remedies listed in this Section are not exclusive of any other remedies available under any applicable federal or state law or the City Code and it is within the discretion of the City of Otsego to seek cumulative remedies. 4-5-10: SEVERABILITY: If the provisions of any article, section, subsection, paragraph, subdivision or clause of this ordinance shall be judged 22 invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this Section. Section 4. Chapter 6 of the Otsego City Code is hereby amended to include the following provisions: SECTION 9 STORMWATER UTILITIES Section: 6-9-1 Purpose 6-9-2 Definitions 6-9-3 Applicability 6-9-4 Administration 6-9-5 Ultimate Responsibility 6-9-6 Discharge Prohibitions 6-9-7 Suspension of MS4 Access 6-9-8 Industrial or Construction Activity Discharges 6-9-9 Monitoring of Discharges 6-9-10 Best Management Practices 6-9-11 Watercourse Protection 6-9-12 Notification of Spills 6-9-13 Enforcement 6-9-14 Severability 6-9-1: PURPOSE: The purpose of this Section is to provide for the health, safety, and general welfare of the residents and environment of the City of Otsego through the regulation of non -storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This Section establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this Section are: A. To regulate the contribution of pollutants to the MS4 by stormwater discharges by any user B. To prohibit Illicit Connections and Discharges to the MS4. 23 C. To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Section. D. To establish responsibility for failure and remediation, if necessary. 6-9-2: DEFINITIONS: For the purposes of this section, the following terms shall mean: Best Management Practices (BMPs): schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. ' 1251 et seq.), and any subsequent amendments thereto. Construction Activity: Activities subject to NPDES Construction Permits. These include construction projects resulting in land disturbance of one (1) acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. Hazardous Materials: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illegal Discharge: Any direct or indirect non -storm water discharge to the storm drain system. Illicit Connections: An illicit connection is defined as either of the following: A. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non -storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or, 24 B. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Industrial Activity: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14). National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: A permit issued by EPA (or by a State under authority delegated pursuant to 33 USC ' 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area -wide basis. Non -Storm Water Discharge: Any discharge to the storm drain system that is not composed entirely of storm water. Person: means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Pollutant: Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non -hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, Sections, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Storm Drainage System: Publicly -owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human -made or altered drainage channels, reservoirs, and other drainage structures. Storm Water: Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Stormwater Pollution Prevention Plan (SWPPP): A document which describes the Best Management Practices and activities to be implemented by a person or 25 business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable. Wastewater: Any water or other liquid, other than uncontaminated storm water, discharged from a facility. 6-9-3: APPLICABILITY: This Section shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the City of Otsego. 6-9-4: ADMINISTRATION: The City of Otsego shall administer, implement, and enforce the provisions of this Section. Any powers granted or duties imposed upon the City of Otsego may be delegated by the City Council of the City of Otsego to persons or entities acting in the beneficial interest of or in the employ of the City. 6-9-5: ULTIMATE RESPONSIBILITY: The standards set forth herein and promulgated pursuant to this Section are minimum standards; therefore this Section does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. 6-9-6: DISCHARGE PROHIBITIONS: A. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. B. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: 1. The following discharges are exempt from discharge prohibitions established by this Section: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering 26 systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet -land flows, swimming pools (if dechlorinated - typically less than one PPM chlorine), fire fighting activities, and any other water source not containing Pollutants. 2. Discharges specified in writing by the City of Otsego as being necessary to protect public health and safety. 3. Dye testing is an allowable discharge, but requires a verbal notification to the City of Otsego prior to the time of the test. 4. The prohibition shall not apply to any non -storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. C. Prohibition of Illicit Connections: 1. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. 2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 3. A person is considered to be in violation of this Section if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. 6-9-7: SUSPENSION OF MS4 ACCESS: A. Suspension due to Illicit Discharges in Emergency Situations: 1. The City of Otsego may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States. 27 2. If the violator fails to comply with a suspension order issued in an emergency, the City of Otsego may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to persons. B. Suspension due to the Detection of Illicit Discharge: 1. Any person discharging to the MS4 in violation of this Section may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The City of Otsego will notify a violator of the proposed termination of its MS4 access. The violator may petition the City of Otsego for a reconsideration and hearing. 2. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the City of Otsego. 6-9-8: INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES: Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City of Otsego prior to the allowing of discharges to the MS4. 6-9-9: MONITORING OF DISCHARGES: A. Applicability. This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity. B. Access to Facilities: 1. The City of Otsego shall be permitted to enter and inspect facilities subject to regulation under this Section as often as may be necessary to determine compliance with this Section. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency. 2. Facility operators shall allow the City of Otsego ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the W. performance of any additional duties as defined by state and federal law. 3. The City of Otsego shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the City of Otsego to conduct monitoring and/or sampling of the facility's storm water discharge. 4. The City of Otsego has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. 5. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the City of Otsego and shall not be replaced. The costs of clearing such access shall be borne by the operator. 6. Unreasonable delays in allowing the City of Otsego access to a permitted facility shall be a violation of a storm water discharge permit and of this Section. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the City of Otsego reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Section. 7. If the City of Otsego has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this Section, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Section or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the City of Otsego may seek issuance of a search warrant from any court of competent jurisdiction. 6-9-10: BEST MANAGEMENT PRACTICES: 1. The City of Otsego shall adopt requirements identifying Best Management Practices for any activity, operation, or facility which may cause or 29 contribute to pollution or contamination of storm water, the storm drain system, or waters of the United States. 2. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non- structural BMPs. 3. Any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. 4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliant with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit. 6-9-11: WATERCOURSE PROTECTION: Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. 6-9-12: NOTIFICATION OF SPILLS: 1. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. 2. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. 30 3. In the event of a release of non -hazardous materials, said person shall notify the City of Otsego in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City of Otsego within three (3) business days of the phone notice. 4. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years. 6-9-13: ENFORCEMENT: A. Notice. Whenever the City of Otsego finds that a person has violated a prohibition or failed to meet a requirement of this Section, the City of Otsego may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: 1. The performance of monitoring, analyses, and reporting; 2. The elimination of illicit connections or discharges; 3. That violating discharges, practices, or operations shall cease and desist; 4. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and 5. Payment of all expenses incurred by the City of Otsego related to administrative and remediation costs; and 6. The implementation of source control or treatment BMPs. B. Action Required. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. 31 C. Appeal. Any person receiving a Notice of Violation may appeal the determination of the authorized enforcement agency. The notice of appeal must be received within ten (10) days from the date of the Notice of Violation. Hearing on the appeal before the appropriate authority or their designee shall take place within fifteen (15) days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final. D. Post Appeal Enforcement. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within ten (10) days of the decision of the City of Otsego upholding the decision of the authorized enforcement agency, then representatives of the City of Otsego shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. E. Abatement Costs. Within thirty (30) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment according to State Statute. If the amount due is not paid within a timely manner as determined by the decision of the City of Otsego or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. F. Injunctive Relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Section. If a person has violated or continues to violate the provisions of this Section, the City of Otsego may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. G. Compensatory Actions. In lieu of enforcement proceedings, penalties, and remedies authorized by this Section, the City of Otsego may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup or other actions approved by the City Council. H. Violations Deemed a Public Nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Section is a threat to public 32 health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. Criminal Prosecution. Any person violating any provision of this chapter shall be punished pursuant to applicable State Statute regarding misdemeanor penalties, as amended, plus the costs of prosecution. K. Remedies Not Exclusive. The remedies listed in this Section are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the City of Otsego to seek cumulative remedies. 6-9-14: SEVERABILITY: The provisions of this Section are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Section or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Section. Section 5. This Ordinance shall become effective immediately upon its passage and publication according to law. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 13th day of July, 2009. CITY OF OTSEGO BY: Jessica Stockamp, Mayor 33 ATTEST: Tami Loff, City Clerk 34 ITEM 9_2 QUOTATION TABULATION CITY OF OTSEGO Duerr Creek Driveway Completion (Entire Drwy) Quotes opened July 8, 2009. There were 3 bids received, as shown herein. Alternate "A" - Driveway Completion (Entire Drwvl Engineers Estimate Rum River Contracting Omann Bros. Paving GMH Asphalt Corp. ITEM NO. SPEC. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION 1 2350.501 TYPE LV 3 NON -WEARING COURSE MIXTURE B 285 TON $100.00 $28,500. $95.92 $27,337.2 $95.00 $27,075. $125.00 $35,625.0 2 2104.503 REMOVE CONCRETE SIDEWALK 4" THICK 200 SF $5.00 $1,1300.00 $2.50 $500.00 $4.00 $800. $3.00 $600.0 3 2401.515 CONCRETE SIDEWALK 4" THICK 200 1 SF $5.00 $1,000.0d $5.00 $1'000.04$5.75 $1,150.00 $5.00 Total Alternate "A" $30,500.00 $28,837.20 $29,025.00 $37,225.00 Alternate "B" - Driveway Completion (to R.Ow only) Engineers Estimate Rum River Contracting Omann Bros. Paving GUH Asphalt Corp. ITEM NO. SPEC. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION 1 2350.501 TYPE LV 3 NON -WEARING COURSE MIXTURE B 50 TON $110.00 $5,500.0 $150.00 $7,500.00 $165.00 $8,250. $250.00 $12,5W. 2 2104.503 REMOVE CONCRETE SIDEWALK 4" THICK 200 SF $5.00 $1,000.00 $2.50 $500.0 $4.00 $800.0 $3.00 $600.00 3 2401.515 CONCRETE SIDEWALK 4" THICK 200 SF $5.00 $1 000.0 $5.00 $1,000.04 $5.75 $1,150.0 $5.00 $1 000.0 Total Alternate "B" SUMMARY OF QUOTES: Total Alternate A Total Alternate B $7,500.00 Engineers Estimate $30,500.00 $7,500.00 ot2280c 'ID TABULATION QT 'IF 1 $9,000.00 Rum River Contracting $28,837.20 $9,000.00 $10,200.00 Omann Bros. Paving $29,025.00 $10,200.00 $14.100.00 GMH Asphalt Corp. $37.225.00 $14,100.00 END ROW CONSTRUCTION 5.0' VARIES (TYPICALLY ""ax, 5% PREFERRED SLOPE 59 "X —2.0. 5% X. SLOPE 5• TIa tNI1Yd6 wt (v¢ 2166 LYM/ 558!5X1 TYPICAL DRIVEWAY SECTION W1 SIDEWALK NO SCALE TYPICAL ALTERNATE "A" (ENTIRE DRIVEWAY) Item Estimated No. I Description Quantity 1 TYPE LV3 NON -WEARING COURSE IVIXTURE (B) 285 TON 2 REMOVE CONCRETE SIDEWALK 4" THICK 200 SF 3 1 CONCRETE SIDEWALK (4" THICK ) 900 SF TTPIGL ROW END CDNSMCnON 5.01 4.0' 2% PREFERRED SLOPE SX PRWMIWD SLOPE SLOPE 2.0% Bx m+ SLOPE {" THICK CONCRETE SIDEWALK CUSS 5 AC(RIEGATE BASE (SPEC. T211) 2" 7HCI! 61TIADNWS WT (SPEC 7360 LVNW 350708) TYPICAL DRIVEWAY SECTION W/ SIDEWALK No SCALE M. - TYpIGL 9"U ROW I END CDNSTRWnDN 51 M- SLOPE T (SPEG 1360 LYNM 350708) TYPICAL DRIVEWAY SECTION W/OUT SIDEWALK NO SCALE ALTERNATE "B" (TO R.O.W. ONLY) Item Estimated No. I Description Quantity 1 TYPE LV 3 NON -WEARING COURSE IVIXTURE (B) 50 TON 2 REMOVE CONCRETE SIDEWALK (4" THICK) H200 SF 3 CONCRETE SIDEWALK (4" THICK) 200J TSF Hakanson Anderson Assoc., Inc. ClAl Engine— and Land Surveyor, 3601 TwMw A.,. Anok% MMmto 55303 763-427-5380 F 753-427-0520 DRIVEWAY COMPLETION DETAILS & QUANTITIES 2 DUERR CREEK MY OF OTSEGO, MINNESOTA 54A) 2 2 00 M1 F 00 LEGEND ^ryrn"' �� 3 o0 2 0 3 4 5 6 7 �8 ^ry 4 � 1 2 Ln 4 w 5 d NEEDS 2 BITUMINOUS 11321 LIFTS AND COMPLETE APRON "IV 30 4 o S o 6 15' 15' CURB OP PAIR PATCH 1 1323 30 ,..: 't Ln ♦ �1 1 ��O ^o / 10 N NEEDS 2ND BITUMINOUS LIFT, COMPLETE APRON, 5r AND SIDEWALK R/R N 29 I 2 7 �p 0 ryryry r X28 1 440 NEEDS 2ND BITUMINOUS LIFT ND COMPLETE 3N 00 1 3 ^ry ^ a7 4 > 8 APRON ^ryVL265 25 u 6 7 r� 0 O 0 450 9 14 �/% ^ �/ NEEDS 2ND BITUMINOUS LIFT ONLY 9 ��h rop 4 10 15 _N ^ ^tea X023 wer �p r, o 6 1 31 ^ 22161 ^ry ^ 32 \ ^ry �/ 21 17 �� \ SEE DETAIL SHEET FOR > ^7 Og> ^ cb 2 12 MORE ALTERNATE A AND ALTERNATE 8 BID ry0 ^ 6 yry ^ 19 �) 5 INFORMATION 0 333 > S3 >09 �� 0) 2 34 8 ^ ;,,, ^^ 7 p� F 18 4j� WE LAN 13 ^cV 4 5 97 35 ^ ^ O ^, 1�� 17 14 7069 707g 4 i � 16 15 1 1 '� 36 7045 7046 3 1� 37 W 7023 70242 WETLAND 12 �AD `IOW TLAN ^ 13 �"O 0) ^ (D 38 1 1 Z_ 1 5 .. _ :�1 6 :Yl 7.._ �t 18,, d 19 r. �t 20 x 7001 7002 20 DATE REVI90N i n..mr cwny ue, ui. pi.., «.c�r�co,�.n. r.pw vp. prppwae ny mpaEw anew my a �, . p.�.,, p e ,no, .m . eu y pwen e. BML nuE aa. Engin.... and Lantl s.r�.yo..' ml HOI(ODSOD ADdBFSOD ASSOC. Inc.DRIVEWAY 3601 Thunlon Aro.• Anda• M'nnnpla 55303 ]E3—A2]-5660 FAX ]63-42]-0520 O"EGO ON-Mo, COMPLETION OVERALL PLAN DUERR CREEK sREcr � oy 2 Ip« of b,piz el BML 6/12/09 111115; C®k pe[ m 5d - w �.m�. Avx.cnsWumru�.uzm5s.y�onzm w....y uw....y RJW 072280 —.hak——oneenon—m GREAT RIVER ROAD CITY OF OTSEGO, MINNESOTA — ITEM, 70-y NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 8 July 2009 RE: Otsego — 15682 78th Court (PID 118-078-003150) NAC FILE: 176.10 The City has been made aware that the single family dwelling at the above referenced address was left unsecured after the property was foreclosed on and the occupant vacated. In vacating the property, the occupant removed many of the fixtures including the door handle and lock set for the front door (see attached photo). The Wright County Sheriff was called to the property on 12 June 2009 and secured the rear door and garage doors. The front door was secured to the extent possible by locking the glass storm door. The lock on the storm door is not sufficient to prevent access to the inside of the building. City staff is recommending the City Council adopt an order to secure the building in the form attached hereto. The order allows the Federal Home Loan Mortgage Corporation six days after receiving the order before the City will have the building secured. The cost of securing the building and related expenses will be billed to the property and assessed if unpaid. C. Mike Robertson, City Administrator Tami Loff, City Clerk Harold Leonard, Building Official Andy MacArthur, City Attorney CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDER TO SECURE VACANT BUILDING WHEREAS, it has been brought to the attention of the City of Otsego that the property located at 15682 78th Court Lot 15, Block 3 Prairie Creek 3 d Addition) is unsecured with inadequate locks on at least one door; and, WHEREAS, the property appears to have been vacant for some time; and, WHEREAS, the building site and structure provide easy access to trespassers and is an attractive and dangerous nuisance to children in the area; and, WHEREAS, Minnesota Statutes 463.251 authorizes the City of Otsego to order securing of vacant buildings; and; WHEREAS, the City Council deems the property at 15682 78th Court NE, Otsego MN 55330 to be hazardous and a public nuisance in its current condition. NOW THEREFORE IT IS HEREBY ORDERED by the City Council of the City of Otsego as follows: That the owner of the property located at 15682 78th Court NE, Otsego MN 55330 is hereby ordered to secure said premises by immediately installing door handles and lock sets on all exterior doors and windows to prevent access or otherwise securing the premises to the satisfaction of the Zoning Administrator. 2. That the owner has six (6) days from the service of this order to either fully comply with this order or to provide a reasonable plan and schedule to comply with the order to the satisfaction of the Zoning Administrator. 3. That if the owner does not comply with the order or provide a reasonable plan within six (6) days, the City of Otsego shall cause the building to be secured and the cost of securing the building and any other related costs incurred related to this matter will be charged against the real estate and, if unpaid, may be assessed to the property. DATED this 13th Day of July 2009 ATTEST: Tami Loff, City Clerk CITY OF OTSEGO BY: Jessica Stockamp, Mayor Wright County Sheriffs Office -- 3800 Braddock Ave. NE Buffalo, MN 55313. (763) 682-1162 Incident Detail Report Printed On: Mon, Jul 06, 2009 Case Number: 2009018800 NCIC: M N0860000 Status: CAD Import Status By.- Juvenile: y:Juvenile: No Protected: No Case Hold: No Additional Reports: No Status Date Time: 06/12/2009 13:06 Call For Service Date Reported: 6/12/2009 Friday 12:33 Date Committed Start: 6/12/2009 12:33 Date Committed End: Received By. Disp How Received., CAD Description: CDP — 91800 CAD Seq Nbr. WCSO:2009:3100 Event Type: CAD Agency. WCSO Case Status: Case Disposition: Scene Location: Business Name: Low House Nbr., 15682 High House Nbr. Community Code: 2 Street' 78TH CT NE Unit Nbr/Type: Intersection Street. City/State,Zip: OTSEGO Address: LGN: 14 GEO Code:. Weather Conditions: Place Committed., 15682 78TH CT NE, OTSEGO (PARKINGTON AVE NE Officer Information Officer Dt/Tm Dispatched DUTm Assigned Dt/Tm Arrived Dt(Tm Cleared Role 154----- __..____ __ . _.-_6/12/2009 12:42 .6/12/2009 12:46 .6/12/2009 12:53. 61.12!2.0-0.9 13:03 168 6/12/2009 12:42 6/12/2009 12:53 6/12/2009 13:03 Offense Detail ISN: 01 Offense Code: 91800 Literal: Property Damage/Trespass Statute. Status. Pending Status Date: 06/12/2009 Criminal Activity. Counts: Larceny Type: Campus Code: Offense Level. CAD Offense Code: CAD Literal: CDP — 91800 CAD Disposition: NRN Remark., Disposition: Licensed to Wright County Sheriffs Office Page 1 of 1 Wright County Sheriffs Office Y 3800 Braddock Ave. NE Buffalo, MN 55313 (763) 682-1162 Incident Detail Report Printed On: Mon, Jul 06, 2009 Case Number: 2009021313 NCIC: MN0860000 Status: CAD Import Status By. Juvenile: No Protected: No Case Hold: No Additional Reports: No Status Date lime: 07/02/2009 11:54 Call For Service Date Reported.' 7/2/2009 Thursday 10:47 Date Committed Start: 7/2/2009 10:47 Date Committed End: Received By. Disp How Received: CAD Description: Suspicious Circumstance — 9943 CAD Seq Nbr. WCSO:2009:6062 Event Type: CADAgency WCSO Case Status: Case Disposition: Scene Location: " Business Name: Low House Nbr.• 15682 High House Nbr. Community Code: 2 Street: 78TH CT NE Unit NbrlType: Intersection Street: City/State/Zip: OTSEGO Address: LGN: 14 GEO Code: Weather Conditions: Place Committed: 15682 78TH CT NE, OTSEGO (PARKINGTON AVE NE n Officer Information Officer DtlTm Dispatched DtlTm Assigned DtlTm Arrived DtlTm Cleared Role X42-- - --- -- 772/2009 10:51 -- 7/2/2009 11:.00. -7/2/2009.. 1 L•41 168 7/2/2009 11:00 7/2/2009 11:00 7/2/2009 11:41 Offense Detail ISN: 01 Offense Code: 9943 Literal: Suspicious Circumstances Statute: Status: Pending Status Date: 07/02/2009 Criminal Activity: Counts: Larceny Type: Campus Code: Offense Level: CAD Offense Code: I CAD Literal: Suspicious Circumstance — 9943 CAD Disposition: NRN Remark: Disposition: Licensed to Wright County Sheriffs Office Page 1 of 1 Tami Loff Prom: Greg Findley [Greg. Findley@co.wright.mn.us] :nt: Monday, July 06, 2009 9:15 AM . o: Tami Loff Subject: RE: FW: Tami, I have two reports from that address from 6/12 and 7/2. Just the basic incident, deputies did not do any further report. I will scan them and email them to you. >>> "Tami Loff" <tami(@ci.otsego.mn.us> 7/6/2009 9:08 AM >>> Thanks GregH -----Original Message ----- From: Greg Findley[mailto:Greg.Findley@co.wright.mn.us] Sent: Monday, July 06, 2009 9:02 AM To: Tami Loff Cc: Peter Walker Subject: Re: FW: Tami, I will get you a copy for you. COUNCIL ITEM SCHARBER & SONS CITY COUNCIL MEETING JULY 13, 2009 TO: Tami Loff ITEM 77_3 Attached is the Scharber & Sons claims list for the City Council. For more details, please refer to the check detail registers. Claims Register 07-08-2009 $ 221.55 Check #47418 GRAND TOTAL $ 221.55 If you have any questions or if you would like to review this list further, please let me know. Sue Frisch Bookkeeper CITY OF OTSEGO 07/08/09 10:23 AM Page 1 *Check Summary Register© Name Check Date Check Amt 10100 BANK OF ELK RIVER Paid Chk# 047418 SCHARBER & SONS FILTER: None 7/8/2009 $221.55 JD TRACTOR PARTS Total Checks $221.55 CITY OF OTSEGO 07/08/09 10:24 AM Page 1 *Check Detail Register© JULY 2009 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $221.55 $221.55 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Paid Chk# 047418 7/8/2009 SCHARBER & SONS E 101-45200-210 Operating Supplies (GENERAL) $36.16 1026629 JD TRACTOR PARTS E101-45200-210 Operating Supplies (GENERAL) $39.75 1027152 SPOOLS, EDGERS E101-45200-220 Repair/Maint Supply (GENERAL) $145.64 1027603 FUEL PUMP, GSKT, FUEL FILTER Total SCHARBER & SONS $221.55 10100 BANK OF ELK RIVER $221.55 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $221.55 $221.55 ,.TEM 12_2 MEMO Date: July 9, 2009 To: Mayor & Council From: City Administrator Mike Robertson Re: Review of Salary Plan I have enclosed a variety of items for the Salary Plan workshop. 1. A three page description of how the system works by Sherrie Le. 2. A chart entitled Total Points and Grades which is a list of the City's Job Titles, Points and Pay Grades. 3. A chart entitled Point to Grade Conversion Chart. 4. A chart entitled Initial Implementation which lists the employees, their title, their current hourly rate and then Sherrie's recommendations for where they should be placed in the new system and the pay rate of that particular grade and step. 5. Finally, what you've all been waiting for, a new salary matrix based on the revised system. One chart lists the wages as Annual amounts. The next chart lists them a Hourly rates. OTSEGO SALARY ADMINISTRATION GUIDELINES Prepared by Sherrie Le, HR Consultant Revised: 07-08-09 How The Svstem Works: Adopting a salary range system, like the system recently developed, will assist the City in compliance with the Pay Equity Act, while providing a system that is easy to maintain and administer. Compensation systems allow for increases in pay for employees who stay and grow with the City. They provide an objective method for determining how much to pay a new hire and how much of an increase to give a current employee. A pay -for - performance component allows you to differentiate between superior and satisfactory performers as well as those who need improvement. Under this system, employees will be eligible for a step increase once per year, until they reach the top pay for their job. The City Council had indicated a preference for a 30 percent spread from the starting pay to the maximum pay for each salary grade. There was also discussion of the difference in pay between steps with a preference indicated for a relatively small increase to be associated with each step (2 1/2 percent or less). With a thirty percent spread, I used twelve steps which equates to an increase of between 2.1 and 2.2 percent. Assuming employees are hired into step one, it will take eleven years to reach the top salary if they receive one step per year. However, there may be times when it makes sense to start a new employee at a higher step based on their previous experience, current salary, and the difficulty in finding good candidates. If pay -for -performance is approved as previously discussed, employees could receive either no step increase, 1 step, or two steps based on their performance. The reward of two steps should be limited to employees whose performance consistently exceeded expectations for the preceeding year as indicated on the performance appraisal - which would include meeting or exceeding the goals outlined on the performance review. An employee whose overall performance needed improvement or for whom there were significant performance problems in a given year would not get a step increase that year. The City Administrator should have final approval authority for all step increases to ensure consistency between departments. Once any employee reaches the top step, they can only receive annual adjustments that are given to the salary range each year, as determined by the City Council. Salary Range Adiustment Ongoing maintenance of the salary ranges should be minimal. The salary ranges were developed using 2009 market data. To retain the City's pay relationship to the market over time, the City should collect information on what other cities of comparable size and location relative to the Twin City metro area are considering for annual adjustments. The cities comprising Otsego's comparable labor market were identified and agreed to at a previous meeting and were used to develop the salary ranges. If most of these cities are considering a 1 % cost of living increase for 2010, the City will want to consider a 1 % increase if it wants to retain its relationship to the market. The City will also want to consider several other factors in making this decision such as budget constraints, employee turnover rates, actual or potential recruitment problems and employee morale. It is recommended that annual adjustment to the salary ranges (sometimes referred to as a cost of living adjustment) go into effect on January 1, or the beginning of the first pay period of each year. The Council retains the discretion as to how much, if any, of an annual increase to adopt. It is important to apply any cost -of -living increases to the entire pay system. All grades in the salary ranges, and all steps within each of those grades, should be adjusted by an equal percentage. That way you will maintain the internal relationship for pay equity compliance. If you adopt different annual increases for different positions, you will lose the internal equity established by the salary ranges. Initial Placement Of Emnlovees Into The Salary Ranges One of the policy decisions for the City Council to make is to determine how to place the employees into the salary ranges the first time. Because the salary ranges are new but the employees are not - and are already being paid a particular salary - placement into the ranges the first time is a unique, one-time situation. I typically recommend moving the employees to the closest step that is equal to, or above, their current salary to get the employees into the ranges the first time. However, if no increases have been awarded this year pending the outcome of this study, you may want to move everyone, whose performance merits an increase, one step higher than that. At this point, I have developed an implementation chart that details where each employee should go in the new salary ranges based exclusively on getting them into their appropriate salary grade at a step as close as possible, but not below, their current hourly salary rate. No employee should be placed below step one or above the top step of their salary grade. The current hourly rate of one employee, the newly promoted City Clerk, is below the starting salary for her new salary grade so I recommend that you move her to step one. There were no employees whose current salary was above the top step for their new salary grade, so that is not an issue. 2 Relationship Of Job Evaluation Points To The Salary Grades The jobs are assigned to grades based on the job evaluation points. If a job should change significantly, the HR consultant can re-evaluate the job using the job evaluation system. If the total points should change enough to move the position into a different salary grade, the Point -to -Grade Conversion Chart developed for this system will indicate where it should be moved. Besides evaluating all existing positions, I also evaluated three positions that are not currently being used: Building Inspector I, Building Inspector II and a proposed administrative support position for Public Works. For these three positions, the job evaluation points and pay grades have been established and job descriptions are prepared so that, if or when you decide to fill these positions, they are ready to go. I typically recommend all jobs be reviewed every five to seven years. If the City requires significant changes to a job, the review may be initiated by the department head or City Administrator before that time. No position should be reviewed more often than every five years unless the City purposely restructures the position and/or the department head and City Administrator agree that there is a significant change that will very likely impact one of the job evaluation factors in the Modified Princeton System. Job evaluation is not based on volume of work. More work requires additional prioritizing, delegating, working more hours or working smarter. Likewise, adding three duties that are comparable to the existing duties, has no effect on the points. If duties are added that are less complex or difficult than other existing duties, the points would likely not change but could possibly decrease. On the other hand, if a position is restructured and is now supervisory, or vice versa, the points will likely change. Or if new duties are added that are clearly more responsible, require much more independent thought, decision making or planning than what was required before, the points will likely change. Total Point and Grades City of Otsego Job Title Total Points Pay Grade Job Title Total Points Pay Grade Alphabetical Point Order Bldg Inspector 1 125 9 Office Assistant - PW 71 4 Bldg Inspector II 159 12 Office Assistant - Bldg Dept. 81 5 Bldg Permit Technician 117 8 Utility Billing Specialist 93 6 Building Official 219 17 PW Maintenance 1 94 6 City Administrator 293 23 Licensing Specialist 104 7 City Clerk 172 13 Finance Asst II 115 8 Finance Asst II 115 8 Bid Permit Tech 117 8 Finance Asst III 140 10 Bid Inspector 1 125 9 Finance Director 244 19 PW Maintenance II 127 9 Office Assistant - Bldg. Dept. 81 5 Finance Asst III 140 10 Office Assistant - PW 71 4 Bid Inspector II 159 12 PW Maintenance 1 94 6 City Clerk 172 13 PW Maintenance II 127 9 Building Official 219 17 PW Superintendant 236 18 PW Superintendant 236 18 Licensing Specialist 104 7 Finance Director 244 19 Utility Billing Specialist 93 6 City Administrator 293 23 Point to Grade Conversion Chart City of Otsego Grades Point Range Appendix F _1 27 to 38 2 39 to 50 3 51 to 62 4 63 to 74 5 75 to 86 6 87 to 98 7 99 to 110 8 111 to 122 9 123 to 134 10 135 to 146 11 147 to 158 12 159 to 170 13 171 to 182 14 183 to 194 15 195 to 206 16 207 to 218 17 219 to 230 18 231 to 242 19 243 to 254 20 255 to 266 21 267 to 278 22 279 to 290 23 291+ Job Titles Name Initial Implementation Current Proposed Hourly Rate Hourly Rate Proposed Grade Proposed Step Office Assistant Mary S. $15.12 $15.32 5 3 Utility Billing Spec Mary O. $17.05 $17.24 6 5 PW Maintenance I Steve $18.23 $18.51 6 8 PW Maintenance I Brent $18.23 $18.51 6 8 Licensing Specialist Sandy $17.72 $17.99 7 4 Finance Asst II Sue $20.21 $20.22 8 6 Bld Permit Tech Barb $20.19 $20.22 8 6 Bld Inspector I Vacant N/A N/A 9 N/A PW Maintenance II Kevin $20.77 $21.12 9 5 PW Maintenance II Pat $23.20 $23.20 9 9 PW Maintenance II Don $23.20 $23.20 9 9 PW Maintenance II Rick $23.20 $23.20 9 9 Finance Asst III Kathy $23.90 $24.27 10 8 Bld Inspector I1 Vacant N/A N/A 12 N/A City Clerk Tami $20.08 $24.50 13 1 Building Official Harold $35.46 $35.65 17 7 PW Superintendant Brad $37.06 $37.25 18 6 Finance Director Gary $38.93 $39.85 19 6 City Administrator Mike $46.32 $47.30 23 6 City of Otsego 2009 Salary Ranges Annual Equal distance between steps Thirty percent spread from Minimum to Maxin Steps Minimum Maximum 1 2 3 4 5 6 7 8 9 10 11 12 Grades 2 $24,667.42 $25,340.17 $26,012.92 $26,685.67 $27,358.41 $28,031.16 $28,703.91 $29,376.66 $30,049.41 $30,722.15 $31,394.90 $32,067.65 4 $28,241.73 $29,011.96 $29,782.19 $30,552.42 $31,322.65 $32,092.88 $32,863.11 $33,633.34 $34,403.56 $35,173.79 $35,944.02 $36,714.25 I 6 $32,333.96 $33,215.79 $34,097.63 $34,979.46 $35,861.30 $36,743.14 $37,624.97 $38,506.81 $39,388.64 $40,270.48 $41,152.31 $42,034.15 $37,019.15 $38,028.76 $39,038.38 $40,047.99 $41,057.60 $42,067.22 105.67 $47,115.28 $48,124.89 10 $42,383.22 $43,539.13 $44,695.04 $45,850.94 $47,006.85 $48,162.75 $49,318.66 $50,474.57 $51,630.47 $52,786.38 $53,942.29 $55,098.19 2; 12 $48,524.55 $49,847.95 $51,171.35 $52,494.74 $53,818.14 $55,141.54 $56,464.93 $57,788.33 $59,111.73 $60,435.13 $61,758.52 $63,081.92 14 $53,498.32 $54,957.37 $56,416.41 $57,875.46 $59,334.50 $60,793.55 $62,252.59 $63,711.64 $65,170.68 $66,629.73 $68,088.77 $69,547.82 16 $60,110.71 $61,750.10 $63,389.48 $65,028.86 $66,668.24 $68,307.63 $69,947.01 $71,586.39 $73,225.78 $74,865.16 $76,504.54 $78,143.93 18 $68,177.57 $70,036.96 $71,896.35 $73,755.73 $75,615.12 $77,474.51 $79,333.90 $81,193.29 $83,052.68 $84,912.06 $86,771.45 $88,630.84 20 $76,232.75 $78,311.83 $80,390.90 $82,469.98 $84,549.05 $86,628.13 $88,707.20 $90,786.28 $92,865.35 $94,944.43 $97,023.50 $99,102.58 22 $83,248.07 $85,518.47 $87,788.87 $90,059.27 $92,329.68 $94,600.08 $96,870.48 $99,140.88 $101,411.28 $103,681.69 $105,952.09 $108,222.49 86;577:99$fi8939.21 $91,300,43$93,5 `1.65"`$96;022:86 $98;384:08$ib0745:30"$103x06:52 `$105;467 74`$107,$28.9 City of Otsego 2009 Salary Ranges Hourly Steps Minimum Maximum 1 2 3 4 5 6 7 8 9 10 11 12 Grad 2 $11.86 $12.18 $12.51 $12.83 $13.15 $13.48 $13.80 $14.12 $14.45 $14.77 $15.09 $15.42 4 $13.58 $13.95 $14.32 $14.69 $15.06 $15.43 $15.80 $16.17 $16.54 $16.91 $17.28 $17.65 :I 6 $15.55 $15.97 $16.39 $16.82 $17.24 $17.66 $18.09 $18.51 $18.94 $19.36 $19.78 $20.21 8 $17.80 $18.28 $18.77 $19.25 $19.74 $20.22 $20.71 $21.20 $21.68 $22.17 $22.65 $23.14 10 $20.38 $20.93 $21.49 $22.04 $22.60 $23.16 $23.71 $24.27 $24.82 $25.38 $25.93 $26.49 12 $23.33 $23.97 $24.60 $25.24 $25.87 $26.51 $27.15 $27.78 $28.42 $29.06 $29.69 $30.33 14 $25.72 $26.42 $27.12 $27.82 $28.53 $29.23 $29.93 $30.63 $31.33 $32.03 $32.73 $33.44 16 $28.90 $29.69 $30.48 $31.26 $32.05 $32.84 $33.63 $34.42 $35.20 $35.99 $36.78 $37.57 18 $32.78 $33.67 $34.57 $35.46 $36.35 $37.25 $38.14 $39.04 $39.93 $40.82 $41.72 $42.61 20 $36.65 $37.65 $38.65 $39.65 $40.65 $41.65 $42.65 $43.65 $44.65 $45.65 $46.65 $47.65 22 $40.02 $41.11 $42.21 $43.30 $44.39 $45.48 $46.57 $47.66 $48.76 $49.85 $50.94 $52.03