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06-03-08 WSHalcanson CNA Englneera and Lend Surveyors 5501 Thurston Ave., 8"' 101 Anderson AnoIm MN 55303 ■ ■ Assoc., I n C. ph: 703427-5580 FW763427.0520 2008 Base Costs and assumptions Bituminous Mixture Assumptions: Overlay thickness: Unit Cost Unit weight Unit rate of overlay = Pavement Width 24.00 feet 40.00 feet 23,33 feet 28.33 feet 31.66 feet 41.66 feet 50.66 feet Surface Preparation Assumptions: TackApplicabon Rate: Unit Cost Unit rate of Tack = Pavement Width 24.00 feet 40.00 feet 23.33 feet 28.33 feet 31.66 feet 41.66 feet 50.66 feet Edoe Millina Assumptions: Milling Width: Unit Cost Unit Rate of Milling = Valve Adivatments Assumptions: Adustments Unit Cost Unit rate for adjust = ITEM 2 Sheet of _ By Date Chkd Date 1.75 Inches (Includes an extra 1/4 inch for Irregularities) $50.00 per ton 110 Ib1sq yd/inch thichness $0.53 per square foot Cost per lin. Foot $12.83 $21.39 $12.48 $15.15 $16.93 $22.28 $27.09 0.05 Gal/sq yd $1.50 Gal $0.01 per square foot Cost per Iin. Foot $3.20 $5.33 $3.11 $3.78 $4.22 $5.55 $6.75 Edge mill next to exist C&G 3 feet @Ea curb $1.75 per sq yd $1.17 per Lin Foot 4 valves per block/8 blocks/mile. 32 per mile 200 Ea. $1.21 Per Lin Foot Crack fillingfleveling 30 N sq yd $75.00 ton Unit rate of leveling $0.13 per square foot 30' Transition Taper Area =24X37.5= 100 Sq Yd. Valve Adiustmen Assumptions: 10 Manholes /mile Adjustments 10 per mile Unit Cost 400 Ea Unit rate for adjust = $0.76 Per Lin Foot 1111 ngineers and and i"'�t�iCr"lt son 3601E ThurstonAvs,`BNIGS10 Surveyors Sheet of 111 Anderson Anoka, MW 55303 BY Date AssocJnC. Ph: 763-427-5860 Fax: 763-427-0520 Chkd Date 2008 Base Costs, per lineal foot of roadway Activit Rural Section 24' Width Urban Sections 23' Width STD PL 100 110/112 (Pre 2003) 24' Width 40' width 23' Width 28' Width 32' width 42' Width 51' Width Bituminous OverlayB'-m$12.83 Preparation3.20 Edge Milling Aggregate Shoulder Valve Adjustment Manhole Adjustment Striping SUBTOTAL Mobilization Traffic Control Engineering/Inspect Indirect Costs" TOTAL RATE 51' Width $21.39 $12.48 15.15 $16.93 22.28 27.09Surface $5.33 $3.11 $3.78 $4.22 $5.55 $6.75 $1.17 $1.17 $1.17, $1.17 $1.17 $0.60 $1.20 75 feet $1.21 si.2i 1.21 1.21 1.21 $0.76 $0.76 $0.76 $0.76 0.76 0.60 0.20 $0.60 $0.80 $16.63 $28.52 $18.72 $22.06 $24.49 $311.571 37.78 0.83 1.43 0.84 1.22 1.58 1.89 0.831 $1.43 0.94 $1.10 1.22 1:58 1.89 0.83 $1.43 $0.84 $1.10 1.22 $1.58 $1.89 $3,831 $6.56 $4.311 $5.07 $5.63 $7.26 I .69 - $22.951 $39.36,25.84 30.45 $33.79 43.56 52.1 * Indirect costs include the cost of engineering, legal, fiscal, and administration services provided by the City staff or other parties. ( Assumed 20% of estimated construction costs) Assessment Scenarios (On a per Unit basis) A. City assumes 25% of estimated cost, Benefitted Property assessed 75% frontage 24' Width 40' width 23' Width 28' Width 32' width 42' Width 51' Width 60 feet City Cost 72.16 295.21 93.77 228.35 F2 -5-374'-$326.72--F3-9102 . Prop Cost 516.47 $885.62 581.32 685.04 760.32 1980.17 T,173.07 75 feet city cosr,5.19 75 feet $569.01242.22 430.39 285.43 316.80 408.41 8.78 Prop Cost $645.581 1,107.02 726.65 856.30 950.401 1,225.22 1,466.34 175 feet City Cost 502.12 861.0 565.17 66.01 739.20 952.95 1,140.49 Prop Cast $1,506,361 $2,583.04;1,695.52 $1,998.02 $2,217.601 $2,858.84 $3,421.46 B. City assumes 50% of estimated cost, Benefitted Property assessed 50% frontage 24' Width 40' width 23' Width 28' Width 32' width 42' Width 51' Width 60 feet City Cost 3 3 590.41 387.55 $459.69 506.88 653.45 $782.05 Prop Cost 344.31 590.41 387.55 456.69 506.88 653.45 782.05 75 feet City Cost 430.39 738.0 -P8-T.-43 70.86 633.60 816.81 877.56 Prop Cost 430.39 738.01 484.43 $570.86 633.60 816.81 977.56 175 feet City Cost 1,0 .24 1,722.03 30.35 ,332.2 1,478.40 ,905.89 2, Pro Cost 1,004.24 1,722.03 1,130.35 1,332.02 1,478.40 1,905.89 2,280.87 B. City assumes 75% of estimated cost, Benefitted Property assessed 25% frontage 24' Width 40' width 23' Width 28' Width 32' width 42' Width 51' Width 60 feet City Cost 518.47 885.62 581.32 685.04 760.32 980.17,173.07 Prop Cost 172.16 $295.21 $193.77 228.35 253.44 326.72 391.02 75 feet City Cost 6 5. 8 1,107.02 726.65 856.30 950.40 ,225.22 1, 66.34 Prop Cost $215.191369.01 242.221 $285.431 316.801 408.41 488.78 175 feet City Cost $1,506.36 2,583.04 1,695.52 ,998.02 2,217.60 2,858.84 3,421. 6 Prop Cost $502.121 $861.011565.17 $666.011 $739,201952.95 $1.140.49 I- akanson IND Engineers and Land Surveyors Sheet Of Anderson• 3801AndraThVINr 55303 553ve., sAie,°, By Date , "M ASSor— i' Ph: 753427SBOO Fax; 783427.0520 MCI Date General Considerations: The focus of the assessment policy study pertains to the overlay of residential streets. The Otsego Engineering Manual identifies 3 typical sections for City residential streets. A summary of estimated costs for overlaying various sections is presented below. The residential sections are highlighted. Rural Section Urban Sections Rounded Rounded Activity WValue Average Estimated Cost: $/L.in Ft $23.00 $28.00 Estimated Cost: $/Mlle $121,440 6., $147,84D Based on a 175' lot width for a Rural Residential section and a 75' lot width for an urban section, the following table is developed for various funding scenarios on project costs. Collectors and State-Aid Routes will be paid predominantly by the City. Residential lots with driveways accessing. Collectors and State Aid routes will be assessed equal to residents accesssing local streets. Funding Urban Residential Peroent8ge Rural Residential Cost Cost Resident 100% $2,012.60 (lot $1,050.00 7171 city 0%0.00 /mile 0.00 /mile Resident 75%$1 509.38 /lot $787.50 /lot city 25% $30.360.00 /mile $36,960. 00 ell Resident 50°h $1,006.20 lot $525.00 / to Cl 50% $60,720.00 /mile $73,920.00 /mile Resident 25% 603.13 /lot 262.50 / to CI 75% $91.080.00 /mile $1110%880.00 /mile Resident 0%$0.00 /lot $0:00 /lot Cl 1.00% $12.1,440.001 mile $147,840.001 mile Comercial/Industrial streets are to be assessed based on adjusted front footage and ITEM 3 Memo To: Otsego City Council From: Kyle Hartnett Date: April 28, 2008 Re: Filling City Council Vacancies This memo is to provide the City Council some background information on replacing a vacancy on the City Council. Most of the information in this memo was taken from the League of Minnesota Cities' "Handbook for Minnesota Cities." I have also attached the applicable Minnesota Statutes to this Memo. Once a vacancy exists, the Council should pass a resolution declaring a vacancy on the Council. State law provides that statutory city councils make the appointment to fill a vacancy, except in the case of a tie vote when the mayor makes the appointment. That means all members of the council, including the mayor, can vote on the appointment. And as long as at least a quorum of the council is present, a majority vote of those present is sufficient to make the appointment. State law does not place any limitation on a mayor's ability to make an appointment in the case of a tie vote. As a result, the mayor can appoint any qualified person willing to fill the vacancy even if that person was not the subject of the original appointment vote. If the vacancy is for the mayor's office and the council casts a tie vote, the acting mayor should make the appointment. The acting mayor may not, however, appoint himself or herself. The council may appoint any individual who is eligible for election to that office. Generally, to be eligible a person must be a U.S. citizen, a resident of the city, and at least 21 years old. The council is not obligated to appoint any candidate previously defeated in an election for the office. A retiring council member may not vote on the appointment of the successor to that vacancy. A council member who is elected mayor, however, may participate in the appointment vote to fill the vacancy in his or her former council position. Under certain circumstances, individuals appointed to fill council vacancies serve on a temporary basis, and the city must hold a special election to elect a permanent replacement to fill the vacancy. Two factors determine whether an election is required: first, whether filing has opened for the next regular city election, and second, the length of the unexpired portion of the term at the time of the vacancy. If the vacancy occurs on or after the first day to file as a candidate for the next regular city election or if less than two years remain in the unexpired term, the city does not need to hold a special election, and the appointed person can serve out the remainder of the unexpired term. In the alternative, if the vacancy occurs before the first day to file as a candidate for the next regular city election and more than two years remain in the unexpired term, the city must hold a special election to fill the council vacancy at or before the next regular city election, and the person elected will serve out the remainder of the unexpired term. If the council chooses to hold a special election to fill a vacancy at a time other than at the regular city election, it must first adopt an ordinance specifying the circumstances under which such an election will be held. State law generally provides that the terms of elected city officials begin on the first Monday in January following the election. However, the attorney general has advised that a person elected to fill a vacancy is eligible to qualify and assume office upon receipt of an election certificate. 0 Page 2 ITEM 4 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RIVERPLACE SECOND ADDITION REIMBURSEMENT AGREEMENT REGARDING DEVELOPER CONSTRUCTION OF CITY TRUNK IMPROVEMENTS AGREEMENT entered into this day of '2008 by band between the City of Otsego (CITY), a municipal corporation under the laws of the State of Minnesota and U.S. Home Corporation (DEVELOPER) a Delaware corporation. WHEREAS, DEVELOPER installed trunk sanitary sewer, trunk water, and road improvements benefiting its property as well as property to the East of said improvements as yet not developed; and WHEREAS, at the time of construction of these trunk improvements DEVELOPER held an interest in the property to the East benefited by the Trunk Improvements and entered into a Developer's Agreement with the CITY which established no reimbursement to DEVELOPER for said trunk improvements; and WHEREAS, DEVELOPER no longer holds an interest in the properties to the East benefiting from the Trunk Improvements now referred to as "The Project". WHEREAS, CITY has currently no funds available for reimbursement to DEVELOPER since trunk improvements are paid for by SAC and WAC fees paid at the time of DEVELOPMENT by benefited property owners; and WHEREAS, CITY and DEVELOPER both desire to enter into an Agreement to attempt to reimburse DEVELOPER for trunk costs expended upon development of the benefited properties. NOW, THEREFORE IT IS AGREED AS FOLLOWS: DEVELOPER shall be reimbursed for trunk improvements to the Project over time upon as other properties benefited by the Project are developed. Reimbursement shall occur as follows: A. The CITY has established a Sanitary Sewer Availability Charge (SAC) as per Ordinance. A portion of this charge (50%) is for trunk facilities. That portion of each of these charges dedicated to trunk sanitary sewer facilities shall be reimbursed to DEVELOPER as collected from properties benefited by the Trunk facilities up to the amounts as set forth in this Agreement. The CITY requires that 50% of applicable SAC charges for each subdivision be paid up front at the time of Plat approval. Upon receipt of the 50% 0 front payment for SAC charges at time of Plat approval, CITY shall make payment to DEVELOPER of one half (50%) of that amount. DEVELOPER shall subsequently be reimbursed at the time of application for a building permit and payment to the CITY of the other 50% of the SAC charge by payment to DEVELOPER of one half (50%)of that amount received. Payments to DEVELOPER of money received for the building permit portion of the SAC char es subject to reimbursement shall be made quarterly and at that time CITY shall provide DEVELOPER with an updated accounting of reimbursement payments made and the reimbursement balance due pursuant to this Agreement. B. The City shall establish a per lot or per acre Road Access Fee for properties benefited by construction of Randolph Avenue. The Road Access Fee shall be collected from properties benefiting from construction of the same and shall be reimbursed to DEVELOPER upon collection by the CITY, up to the limits set forth in this Agreement. C. The CITY shall have no obligation to reimburse to DEVELOPER SAC and Road Access Fees from properties which do not benefit from the Project. The area of benefit for purposes of reimbursement for a portion of the SAC fees is as set forth in Exhibit A. The area of benefit for purposes reimbursement of Road Access Fees is set forth in Exhibit B. Reimbursement for SAC fees shall be limited to the total amount for each designated area as set forth on Exhibit A. D. Reimbursement from portions of the SAC fees shall be limited to a total of $530,790.63. Road access fees shall be reimbursed up to $ 77,327.33. The total CITY obligation for reimbursement shall not exceed $608,117.96. E. Should DEVELOPER develop any lands within any of the areas benefited by the Project they shall be credited for any applicable SAC, WAC or Road Access Fees as per this Agreement and the City's obligation for reimbursement shall be reduced accordingly. F. The CITY's obligation to reimburse DEVELOPER pursuant to collections received from development shall terminate on December 31, 2020. After that date the CITY will have no further obligations to reimburse DEVELOPER. The CITY shall provide DEVELOPER payment and accounting of any reimbursement eligible funds received yearly in December. In the event that DEVELOPER has not been fully reimbursed pursuant to this Agreement six (6) months prior to the termination date, and upon written notification by DEVELOPER, the CITY will meet with DEVELOPER to discuss possible further extension of the Agreement. 2 G. Developer understands that the reimbursement arrangements set forth in this Agreement may be subject to judicial review. DEVELOPER agrees that should a court of competent jurisdiction determine that invalidate this Agreement or any portion of the reimbursement provisions such that the CITY cannot legally reimburse DEVELOPER from future fees as set forth in this Agreement the City's obligation to reimburse shall be null and void. H. Merger. This Agreement is a full and final recitation of the Agreement between the Parties and supercedes any previous Agreement either written or oral. I. Amendment. The terms and conditions of this Agreement may only be amended by a written Amendment or Addendum approved and executed by both parties. J. Notices. Required Notice to the DEVELOPER shall be in writing and shall be either hand delivered to the DEVELOPER, their employees or agents or mailed to to the DEVELOPER by registered mail at the following address: 935 East Wayzata Boulevard, Wayzata, MN 55391 attn Carole Toohey. Notice to the CITY shall be in writing and shall be either hand delivered to the City Clerk or Deputy City Clerk at the following address: City of Otsego, City Hall, 8899 Nashua Avenue NE, Otsego, MN 55330. Its: R3 CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk DEVELOPER U.S. HOME CORPORATION STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of June, 2008 by Larry Fournier, Mayor and Judy Hudson, City Clerk, of the City of Otsego, a Minnesota municipal corporation, on behalf of the City and pursuant to the authority of the City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of June, 2008 by the of U.S. Home Corporation a Delaware corporation, on behalf of the corporation and with authority. NOTARY PUBLIC DRAFTED BY: COURI, MACARTHUR & RUPPE PLLP 705 Central Avenue East PO Box 369 St. Michael, MN 55376 (612) 497-1930 4