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05-10-99 CC15 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: 4A. Special Presentations Elaine Beatty, City Clerk/Zoning Administrator May 10, 1999 6:30PM ITEM NUi1vfBER: ITEM DESCRIPTION 1. Tom Truszinski, Juran & Moody Re: Proposed Bond Issue BACKGROUND: Tom Truszinski, Juran & Moody will be present and explain the Proposed Bond Issue to the Mayor Council and answer any questions. See Attached Information. REC01'WMENDATION: This is for Council consideration and any action needed. a s, , Elaine MEMO Date: May 5, 1999 To: Mayor & Council , From: City Administrator Mike Robertson Re: 1999 Sewer & Water Bond 1999 Road Overlay Bonds I have enclosed a copy of a cash flow analysis Tom Truszinski of Juran & Moody has done for the City's upcoming bond issue. Tom will be at the Council meeting on Monday, May 10 to discuss the bond issue and answer any questions the Council has. This is the same cash flow analysis that the Council saw a month ago, and is based upon a bond issue of $2,500,000. I have also enclosed a list of sewer and water related expenses to date. A bond issue of $2,500,000 will mean that the City will have borrowed $7,000,000 total to build a sewer plant, water tower, two wells, pumphouse, and to install a sewer and water trunk line system. This is approximately $500,000 less than initial estimates for the cost of the systems. This $7,000,000 estimated cost is based upon a review of all previous expenditures which include all the studies, planning, legal, engineering, and permit costs; the costs of obtaining the sites for the wells, sewer plant, and water tower; the estimated costs of finishing the condemnation process to obtain all necessary easements; the costs of Well #1 and Well #2, the estimated cost of further developing Well #1; the bids we have recently received for construction of the sewer plant, water tower, pumphouse, sewer lines, and water lines; the estimated costs of construction engineering and inspections; and a 5% construction contingency cost. RECOMMENDATION: Staff recommends that Council set a final amount of $2,595,000 for the bond sale. This would produce a net of approximately $2,500,000 to the City after the bonds are sold. The City would receive and approve bids at its regular meeting of Monday, June 14, 1999 and the money would be available in early July, 1999. 1999 ROAD OVERLAY BONDS I have also enclosed two cash flow analysis prepared by Tom Truszinski of Juran & Moody for the proposed bond issue for the Road Overlay project. Both cash flows will produce net funds to the City of $1,700,000. The main difference tween the two cash flows is that one would pay offe bonds in 10 years and one would pay off the bonds in 15 years. Both estimates assume that the City will pick up $1,000,000 of project costs directly and that $700,000 will be assessed to benefiting property owners. RECOrMENDATION: The Council needs to decide whether it will include this bond issue with the sewer & water bond issue or wait for a later date. There would be some small savings of cost by doing both bonds together. bond99.wps 2 TOTALS $2,609,675 $2,530,865 $1,786,110 $6,926,650 * WELL #1 INCLUDES $50,000 FOR FURTHER DEVELOPMENT ** CONSULTANT FEES ARE THOSE COSTS NOT ALLOCATED TO OTHER ITEMS ESTIMATES IN BOLD SEWER WATER SEWER PLANT SYSTEM LINES TOTALS STUDIES $5,490 -------------------------------- $8,144 $35,365 $48,999 SITE PURCHASE $120,896 $30,000 $0 $150,896 SITE CONDEMNATION $6,116 $5,425 $0 $11,541 ROW -EASEMENTS $0 $90,000 $90,000 $180,000 EASEMENT CONDEMN $0 $20,000 $20,000 $40,000 DESIGN COSTS $134,437 $63,277 $70,200 $267,914 PERMIT COSTS $0 WATER TOWER $0 $536,245 $0 $536,245 WELL#1 * $0 $260,000 $0 $260,000 W ELL#2 $0 $52,103 $0 $52,103 PUMPHOUSE $0 $392,736 $0 $392,736 BID PRICE $2,031,323 $798,200 $1,375,300 $4,204,823 5% CONSTRUCT CONTINC $101,566 $101,964 $68,765 $272,295 CONSTRUCTION ENG $189,000 $170,000 $110,000 $469,000 CONSULTANT FEES** $20,847 $2,771 $16,480 $40,098 TOTALS $2,609,675 $2,530,865 $1,786,110 $6,926,650 * WELL #1 INCLUDES $50,000 FOR FURTHER DEVELOPMENT ** CONSULTANT FEES ARE THOSE COSTS NOT ALLOCATED TO OTHER ITEMS ESTIMATES IN BOLD DATE OF ANALYSIS: 12 -Apr -99 FILE: OTSEG ,'99a3.XLS (A) (B) (C) CITY OF OTSEGO, NfINNESOTA CASIIFLOW ANALYSIS GENERAL OBLIGATION SEWER AND WATER REVENUE BONDS OF 1999, SERIES A (AIS 444) PAR AMOUNT OF ISSUE $2,595,000 (D) (E) (F) (G) PD m (J) (K) CAPITALIZED (L) lnn (N) (0) APPLICATION OF FUNDS 6-1-99 ent EST. 2,595,000.00 TOTAL 1998 COMBINED INTEREST INTEREST 1998 1999 COMBINED ANNUAL ESTIMATED LOCAL LEGAL AND ADMN 0.00 (12-1) INTEREST ESTIMATED DISCOUNT DEBT STATUTORY DEBT DEBT 6 INCOME 0 UTILITY UTILITY UTILITY SURPLUS/ CUMULATIVE YEAR PRINCIPAL RATES INTEREST SERVICE 100.00% SERVICE SERVICE MONTHS 4.50% REVENUE REVENUE 0.00 REVENUE 146,020.00 DEFICIT 47,115.83 BALANCE 47,115.83 1999 3?,054.17 53,054.17 53,054.17 109,515.00 162,569.17 63,665.00 0.001 2,120.21 146,020.00 340,000.00 115,000.00 455,000.00 760.21 47,876.05 2000 3.80% 127,330.00 127,330.00 127,330.00 127,330.00 127,330.00 127,330.00 329,030.00 346,880.00 456,360.00 474,210.00 2,154.42 350,000.00 117,000.00 467,000.00 -5,055.58 42,820.47 2001 2002 3.90% 127,330.00 127,330.00 127,330.00 363,105.00 490,435.00 1,926.92 360,000.00 117,000.00 477,000.00 -11,308.08 31,312.39 14,686.45 2001 4.00% 127,330.00 127,330.00 127,330.00 382,705.00 510,035.00 1,409.06 660.89 370,000.00 380,000.00 122,000.00 127,000.00 492,000.00 507,000.00 -16,623.94 -10,024.11 4,662.34 2004 4.10% 4.20% 127,330.00 127,330.00 127,330.00 127,330.00 127,330.00 127,330.00 390,355.00 381,705.00 517,685.00 509,035.00 209.81 390,000.00 130,000.00 520,000.00 11,174.81 15,837.14 2005 2006 10,000.00 4.25% 127,330.00 137,330.00 137,330.00 386,600.00 523,930.00 712.67 400,000.00 135,000.00 535,000.00 545,000.00 11,782.67 3,087.89 27,619.81 30,707.70 2007 10,000.00 4.30% 126,905.00 136,905.00 136,905.00 406,250.00 543,155.00 1,242.89 1,381.85 410,000.00 420,000.00 135,000.00 135,000.00 555,000.00 4,643.15 26,064.55 2008 10,000.00 4.40% 4.50% 126,475.00 126,035.00 136,475.00 131,035.00 136,475.00 131,035.00 424,550.00 451,500.00 561,025.00 582,535.00 1,172.90 425,000.00 135,000.00 560,000.00 -21,362.10 4,702.46 2009 2010 5.000.00 215,000.00 4.60% 125,810.00 340,810.00 340,810.00 221,650.00 562,460.00 211.61 269,000.00 295,000.00 564,000.00 1,751.61 6,454.07 7,774.50 2011 220,000.00 4.70% 115,920.00 335,920.00 335,920.00 231,475.00 567,395.00 290.43 269,000.00 299,425.00 568,425.00 572,916.38 1,320.43 2,061.23 9,835.73 2012 210,000.00 4.75% 105,580.00 315,580.00 315,580.00 255,625.00 571,205.00 349.85 442.61 269,000.00 269,000.00 303,916.38 308,475.12 577,475.12 -1,112.27 8,723.46 2013 225,000.00 4.80% 4.90% 95,605.00 84,805.00 320,605.00 299,805.00 320,605.00 299,805.00 258,425.00 280,775.00 579,030.00 580,580.00 392.56 269,000.00 313,102.25 582,102.25 1,914.80 10,638.26 2014 2015 215,000.00 225,000.00 5.00% 74,270.00 299,270.00 299,270.00 286,775.03 586,045.00 478.72 269,000.00 317,798.78 586,798.78 1,232.50 11,870.76 2016 240,000.00 5.00% 63,020.00 303,020.00 303,020.00 292,100.00 595,120.00 534.18 269,000.00 322,565.76 591,565.76 -3,020.05 8,850.71 7,883.24 2017 245,000.00 5.00% 51,020.00 296,020.00 296,020.00 301,750.00 597,770.00 398.28 354.75 269,000.00 269,000.00 327,404.25 332,315.31 596,404.25 601,315.31 -967.47 -2,599.94 5,283.30 2018 245,000.00 5.00% 5.10% 38,770.00 26,520.00 281,770.00 281,520.00 283,770.00 281,520.00 320,500.00 327,900.00 604,270.00 609,420.00 237.75 269,000.00 337,300.04 606,300.04 -2,882.21 2,401.09 2019 2020 255,000.00 265,000.00 5.10% 13,515.00 278,515.00 278,515.00 334,400.00 612,915.00 108.05 269,000.00 342,359.54 611,359.54 -1,447.41 953.68 933.68 2021 0.00 0.00% 0.00 0.00 0.00 0 0.00 0.00 0 0.00 0.00 0.00 2,595,000.00 2,118,614.17 4,713,614.17 4,713,615.17 7,083,570.00 11,797,184.17 63,665.00 16,790.46 6,950,020.00 4,767,662.44 11,717,682.44 953.68 Net amount after Represents remaining APPLICATION OF FUNDS 6-1-99 ent PAR AMOUNT OF ISSUE 2,595,000.00 LESS: COSTS OF ISSUANCE ESTIMATED RATING 0.00 CAPIATLIZED INTEREST (63,665.00) ESTIMATED REGISTRATION (4,500.00) ESTIMATED PRINTING 0.00 ESTIMATED LOCAL LEGAL AND ADMN 0.00 ESTIMATED BOND COUNSEL (5,000.00) ESTIMATED DISCOUNT (38,925.00) ESTIMATED FISCAL FEE 11,500.00 SUBTOTAL (123,590.00) ADD: INTEREST INCOME 28,068.75 AVAILABLE FOR CONSTRUCTION 2,499,478.75 6-1-99 ent '98 ca interest. BONDS DATED: JULY 1, 1999 BONDS MATURE: DECEMBER I, 2006 THROUGH 2020 INTEREST: DEC. 1, 1999 AND SEMIANNUALLY THEREAFTER ON EACH JUNE AND DECEMBER 1. OPTION: DECEMBER 1, 2004 AT 100 NET EFFECTIVE RATE: PAYING AGENT: FIRST TRUST PREPARED BY: JURAN & MOODY THOMAS P TRUSZINSKI 1-612-291-3037 1-800-950-7666 DATE OF ANALYSIS 14 -Apr -99 CITY OF OTSEGO, MINNESOTA CASH FLOW ANALYSIS FILE: 991A.XLS GENERAL OBLIGATION IMPROVEMENT BONDS OF 1999, SERIES B (MS 429) 'LICATION OF FUNDS 'AL PROJECT COST: CO RD 72 S: MUNICIPAL FUNDS APPLIED D: CONTINGENCY CITY RESPONSIBILITY $1,700,000.00 $0.00 $1,700,000.00 ESTIMATED BOND RATING ESTIMATED REGISTRATION ESTIMATED FISCAL SERVICES ESTIMATED LEGAL OPINION EST. DISCOUNT FACTOR CAPITALIZED INTEREST _ SUBTOTAL Sl, LESS: EST. CONST. FUND INV. INCOME _ AVAILABLE FOR PROJECT COSTS $I, :ROUNDED FOR ISSUANCE: Sl, 0.00 j 3,225.00 7,000.00 3,000.00 27,075.00 71,683.33 11,983.33 (6,020.83) 05,962.50 {05,000.00 BONDS DATED: JULY 1, 1999 AMOUNT OF ASSESSMENTS: $700,000 AMOUNT: $1,805,000 PERCENT OF COST ASSESSED: 39% INTEREST: DECEMBER 1, 1999 AND SEMI-ANNUAL THEREAFTER INTEREST RATE: 6.25% OPTION: DECEMBER 1, 2004 0 100 x OF INSTALLEMNTS: 15 1 -99 MINIMUM BID: START DATE: ASSESSMENTS: CAPITALIZED ASSESSMENT INTEREST ANNUAL CUMULATIVE REGISTR. do PA: BONDS WILL BE BOOK ENTRY FORM TOTAL DEBT INTEREST STATUTORY 11 INFORMATION ASSESSMENT TAX MUNICIPAL INCOME 0 SURPLUS/ CASH ASSESSMENT INTEREST YEAR PRINCIPAL INTEREST RATES INTEREST SERVICE 100.00% MONTHS PRINCIPAL 6.25% INCOME LEVY FUNDS 4.50% 0.00 DEFICIT 39,100.00 SURPLUS $39,100.00 1999 0.00% 32,583.33 32,583.33 32,583.33 71,683.33 0.00 46,666.67 0.00 51,041.67 0.00 97,708.33 0.00 0.00 0.00 91,750.00 1,759.50 3,017.83 542,117.83 2000 110,000.00 3.60% 78,200.00 188,200.00 188,200.00 46,666.67 40,833.33 87,500.00 0.00 91,750.00 1,895.30 (3,094.70) $39,023.14 2001 110,000.00 3.70% 74,240.00 184,240.00 184,240.00 46,666.67 37,916.67 84,583.33 0.00 91,750.00 1,756.04 (2,080.63) 536,942.51 2002 110,000.00 3.80% 70,170.00 180,170.00 175,990.00 180,170.00 175,990.00 46,666.67 35,000.00 81,666.67 0.00 91,750.00 1,662.41 (910.92) $36,031.59 2003 2004 110,000.00 115,000.00 3.90% 4.00% 65,990.00 61,700.00 176,700.00 176,700.00 46,666.67 32,083.33 78,750.00 0.00 91,750.00 1,621.42 (4,578.58) $31,453.01 $28,351.73 2005 115,000.00 4.10% 57,100.00 172,100.00 172,100.00 46,666.67 29,166.67 75,833.33 0.00 0.00 91,750.00 91,750.00 1,415.39 1,275.83 (3,101.28) (1,442.51) $26,909.22 2006 115,000.00 4.20% 52,385.00 167,385.00 167,385.00 46,666.67 26,250.00 72,916.67 70,000.00 0.00 91,750.00 1,210.92 (4,594.08) $22,315.14 2007 120,000.00 4.30% 47,555.00 167,555.00 167,555.00 46,666.67 46,666.67 23,333.33 20,416.67 67,083.33 0.00 91,750.00 1,004.18 (2,557.49) 519,757.65 2008 120,000.00 4.40% 42,395.00 162,395.00 162,395.00 157,115.00 46,666.67 17,500.00 64,166.67 0.00 91,750.00 889.09 (309.24) $19,448.42 2009 120,000.00 4.50% 4.60% 37,115.00 31,715.00 157,115.00 156,715.00 156,715.00 46,666.67 14,583.33 61,250.00 0.00 91,750.00 875.18 (2,839.82) $16,608.59 2010 2011 125,000.00 130,000.00 4.70% 25,965.00 155,965.00 155,965.00 46,666.67 11,666.67 58,333.33 0.00 91,750.00 747.39 516.34 (5,134.28) (2,171.99) $11,474.31 29,302.33 2012 130,000.00 4.80% 19,855.00 149,855.00 149,855.00 46,666.67 8,750.00 5,833.33 55,416.67 52,500.00 0.00 0.00 91,750.00 91,750.00 418.60 (3,946.40) $5,355.93 2013 135,000.00 4.90% 13,615.00 148,615.00 148,615.00 46,666.67 46,666.67 2,916.67 49,583.33 0.00 91,750.00 241.02 (5,425.65) ($69.72) 2014 140,000.00 5.00% 7,000.00 147,000.00 147,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ($69.72) 2015 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (569.72) 2016 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 2017 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SO.00 2018 0.00 0.00% 0.00 $717,583.33 0.00 $2,522.583.33 0.00 $2,522,583.33 $71,683.33 $700,000-00 S357,291.67 SI 057 291.67 $0.00 $1,376,250.00 $17,288.61 (569.72) S1,805,000.00 'LICATION OF FUNDS 'AL PROJECT COST: CO RD 72 S: MUNICIPAL FUNDS APPLIED D: CONTINGENCY CITY RESPONSIBILITY $1,700,000.00 $0.00 $1,700,000.00 ESTIMATED BOND RATING ESTIMATED REGISTRATION ESTIMATED FISCAL SERVICES ESTIMATED LEGAL OPINION EST. DISCOUNT FACTOR CAPITALIZED INTEREST _ SUBTOTAL Sl, LESS: EST. CONST. FUND INV. INCOME _ AVAILABLE FOR PROJECT COSTS $I, :ROUNDED FOR ISSUANCE: Sl, 0.00 j 3,225.00 7,000.00 3,000.00 27,075.00 71,683.33 11,983.33 (6,020.83) 05,962.50 {05,000.00 BONDS DATED: JULY 1, 1999 AMOUNT OF ASSESSMENTS: $700,000 BONDS MATURE: DECEMBER 1, 2000 THROUGH 2014 PERCENT OF COST ASSESSED: 39% INTEREST: DECEMBER 1, 1999 AND SEMI-ANNUAL THEREAFTER INTEREST RATE: 6.25% OPTION: DECEMBER 1, 2004 0 100 x OF INSTALLEMNTS: 15 1 -99 MINIMUM BID: START DATE: ASSESSMENTS: -Oct EST. AVG COUPON RATE: EST. NET EFFECTIVE RATE: REGISTR. do PA: BONDS WILL BE BOOK ENTRY FORM h MOODY TRUSZINSKI V.P. EPREPAPEDN AUL,hIINNESOTA -291-3037 .950-4666 DATE OF ANALYSIS 14 -Apr -99 CITY OF OTSEGO, MINNESOTA CASH FLOW ANALYSIS FILE: 991B.XLS GENERAL OBLIGATION IMPROVEMENT BONDS OF 1999, SERIES B (MLS 429) TOTAL PROJECT COST: CO RD 72 LESS: MUNICIPAL FUNDS APPLIED ADD: CONTINGENCY CITY RESPONSIBILITY ESTIMATED BOND RATING ESTIMATED REGISTRATION ESTIMATED FISCAL SERVICES ESTIMATED LEGAL OPINION EST. DISCOUNT FACTOR CAPI74LIZED INTEREST SUBTOTAL LESS: EST. CONST. FUND INV. INCOME AVAILABLE FOR PROJECT COSTS ROUNDED FOR ISSUANCE: $1,700,000.00 50.00 0.00 $1,700,000.00 0.00 3,225.00 7,000.00 3,000.00 27,000.00 66,994.58 $1,807,219.58 (6,020.83) $1,801,198.75 BONDS DATED: JULY 1, 1999 AMOUNT OF ASSESSMENTS: $700,000 AMOUNT: $1,800,900 PERCENT OF COST ASSESSED: 39% 6.75% INTEREST: DECEMBER 1, 1999 AND SEMI-ANNUAL THEREAFTER INTEREST RATE: OPTION: DECEMBER 1, 2004 0 100 X OF INSTALLEMNTS: 15 I TOTAL CAPITALIZED INTEREST ASSESSMENT INFORMATION INTEREST ANNUAL CUMULATIVE EST. NET EFFECTIVE RATE: 1NTEREST DEBT STATUTORY 11 ASSESSMENT INTEREST ASSESSMENT TAX MUNICIPAL INCOME SURPLUS/ CASH YEAR PRINCIPAL RATES INTEREST SERVICE 100.00% MONTHS PRINCIPAL 6.25% INCOME LEVY FUNDS 0.00 4.50% 0.00 DEFICIT 36,542.50 SURPLUS $36,542.50 1999 1-800-950-4666 0.00% 30,452.08 30,452.08 30,452.08 66,994.58 0.00 70,000.00 0.00 51,041.67 0.00 121,041.67 0.00 0.00 123,000.00 1,644.41 2,601.08 $39,143.58 2000 170,000.00 3.60% 73,085.00 243,085.00 243,085.00 236,965.00 70,000.00 39,375.00 109,375.00 0.00 123,000.00 1,761.46 (2,828.54) $36,315.04 2001 170,000.00 3.70% 3.80% 66,965.00 60,675.00 236,965.00 235,675.00 235,675.00 70,000.00 35,000.00 105,000.00 0.00 123,000.00 1,634.18 (6,040.82) $30,274.22 2002 2003 175,000.00 180,000.00 3.90% 54,025.00 234,025.00 234,025.00 70,000.00 30,625.00 100,625.00 0.00 123,000.00 1,362.34 955.65 (9,037.66) (6,799.35) $21,236.56 $14,437.20 2004 180,000.00 4.00% 47,005.00 227,005.00 227,005.00 70,000.00 26,250.00 21,875.00 96,250.00 91,875.00 0.00 0.00 123,000.00 123,000.00 649.67 (4,280.33) $10,156.88 2005 180,000.00 4.10% 39,805.00 219,805.00 219,805.00 70,000.00 70,000.00 17,500.00 87,500.00 0.00 123,000.00 457.06 (1,467.94) $8,688.94 2006 180,000.00 4.20% 32,425.00 212,425.00 212,425.00 209,865.00 70,000.00 13,125.00 83,125.00 0.00 123,000.00 391.00 (3,349.00) $5,339.94 2007 185,000.00 4.30% 4.40% 24,865.00 16,910.00 209,865.00 206,910.00 206,910.00 70,000.00 8,750.00 78,750.00 0.00 123,000.00 240.30 (4,919.70) $420.73 2008 2009 190,000.00 190,000.00 4.50% 8,550.00 198,550.00 198,550.00 70,000.00 4,375.00 74,375.00 0.00 123,000.00 18.91 (1,156.09) 0.00 ($735.85) ($735.85) 2010 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ($735.85) 2011 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ($735.85) 2012 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ($735.85) 2013 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ($735.85) 2014 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ($735.85) 2015 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ($735.85) 2016 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 2017 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 2018 0.00 0.00% 0.00 $454 762 O8 0.00 S2,254,762.08 0.00 $2,254,762.08 $66,994.58 5700 000 00 $247,916.67 $947,916.67 $0.00 $1,230,000-00 $9,114.98 ($735.85) S1,800,000.00 TOTAL PROJECT COST: CO RD 72 LESS: MUNICIPAL FUNDS APPLIED ADD: CONTINGENCY CITY RESPONSIBILITY ESTIMATED BOND RATING ESTIMATED REGISTRATION ESTIMATED FISCAL SERVICES ESTIMATED LEGAL OPINION EST. DISCOUNT FACTOR CAPI74LIZED INTEREST SUBTOTAL LESS: EST. CONST. FUND INV. INCOME AVAILABLE FOR PROJECT COSTS ROUNDED FOR ISSUANCE: $1,700,000.00 50.00 0.00 $1,700,000.00 0.00 3,225.00 7,000.00 3,000.00 27,000.00 66,994.58 $1,807,219.58 (6,020.83) $1,801,198.75 BONDS DATED: JULY 1, 1999 AMOUNT OF ASSESSMENTS: $700,000 BONDS MATURE: DECEMBER 1, 2000 THROUGH 2009 PERCENT OF COST ASSESSED: 39% 6.75% INTEREST: DECEMBER 1, 1999 AND SEMI-ANNUAL THEREAFTER INTEREST RATE: OPTION: DECEMBER 1, 2004 0 100 X OF INSTALLEMNTS: 15 I START DATE; ASSESSMENTS: -Oct -99 MINIMUM BID: EST. AVG COUPON RATE: EST. NET EFFECTIVE RATE: REGISTR. R PA: BONDS WILL BE BOOK ENTRY FORM BY:JURAN h MOODY TOM TRUSZINSKI V.P. [PREPARED ST. PAUL, MINNESOTA iB.zla 1612-291-3037 1-800-950-4666 2200 FIRST NATIONAL BANK BUILDING 332 MINNESOTA STREET r"J'7 2 6 199591[NT PAUi, MINNESOTA 55101 TELEPHONE (651) 223-6600 BRIGGS AND MORGAN _;FAC51MILE(651)223-6450 .<OFESSIONAL ASSOCIATION April 22, 1999 Mike Robertson City Administrator Otsego City Hall 8899 Nashua Ave. NE Otsego, MN 55330 Dear Mike: -JRITER'S DIRECT DIAL (651)223-6620 WRITER'S E-MAIL ippmar@briggs.com I understand that a question has arisen concerning the professional services rendered by Briggs and Morgan as bond counsel in connection with the $4,500,000 General Obligation Sewer and Revenue Bonds 1998, Series A. As bond counsel, we prepared the following documents: 1042144.1 a. Resolution Providing for the Sale; b. Resolution Accepting Proposal on Sale; C. County Auditor's Certificate as to Registration; d. Signature and Nonlitigation Certificate; e. Clerk's Receipt; f. Nonarbitrage Certificate; g. Certificate of Purchaser; h. Certificate of Bond Registrar and Authenticating Agent; i. Blanket Issuer Letter of Representations; MINNEAPOLIS OFFICE ■ IDS CENTER ■ WWW.BRIGGS.COM MEMBER - LEC MUNDI, A GLOBAL ASSOCIATION OF INDEPENDENT LAW FIRMS BRIGGS - MORGAN Mike Robertson April 22, 1999 Page 2 j. Continuing Disclosure Undertaking; k. Form 8038-G; and 1. Consultants Certification as to 8038-G Information. In addition, we consulted with the City of Otsego and Juran & Moody concerning the bond issue and we issued our legal opinion, a copy of which is enclosed, dated August 12, 1998. If you have any additional questions, please do not hesitate to contact me. Very truly yours, Mary L. Ippel MLI:tfy Enclosure 1042144.1 BRIGGS AND MORGAN tOFESSIONAL ASSOCIATION 2200 FIRST NATIONAL BANK BUILDING 332 MINNESOTA STREET SAINT PAUL, MINNESOTA 55101 TELEPHONE (612) 223-6600 FACSIMILE (612) 223-6450 $4,500,000 GENERAL OBLIGATION SEWER AND WATER REVENUE BONDS 1998, SERIES A CITY OF OTSEGO WRIGHT COUNTY MINNESOTA WRITER'S DIRECT DIAL WRITER'S E-MAIL We have acted as bond counsel in connection with the issuance by the City of Otsego, Wright County, Minnesota (the "Issuer"), of its $4,500,000 General Obligation Sewer and Water Revenue Bonds of 1998, Series A, bearing a date of original issue of August 1, 1998 (the "Bonds"). We have examined the law and such certified proceedings and other documents as we deem necessary to render this opinion. We have not been engaged or undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds, and we express no opinion relating thereto. As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. Based upon such examinations, and assuming the authenticity of all documents submitted to us as originals, the conformity to original documents of all documents submitted to us as certified or photostatic copies and the authenticity of the originals of such documents, and the accuracy of the statements of fact contained in such documents, and based upon present MINNEAPOLIS OFFICE ■ IDS CENTER • WWW BRIGGS.COM MEMBER - LEX MUNDI, A GLOBAL ASSOCIAMON OF INDEPENDENT LAW FIRMS BRIGGS - MORGAN Minnesota and federal laws (which excludes any pending legislation which may have a retroactive effect on or before the date hereof), regulations, rulings and decisions, it is our opinion that: (1) The proceedings show lawful authority for the issuance of the Bonds according to their terms under the Constitution and laws of the State of Minnesota now in force. (2) The Bonds are valid and binding general obligations of the Issuer and all of the taxable property within the Issuer's jurisdiction is subject to the levy of an ad valorem tax to pay the same without limitation as to rate or amount; provided that the enforceability (but not the validity) of the Bonds and the pledge of taxes for the payment of the principal and interest thereon is subject to the exercise of judicial discretion in accordance with general principles of equity, to the constitutional powers of the United States of America and to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted. (3) At the time of the issuance and delivery of the Bonds to the original purchaser, the interest on the Bonds is excluded from gross income for United States income tax purposes and is excluded, to the same extent, from both gross income and taxable net income for State of Minnesota income tax purposes (other than Minnesota franchise taxes measured by income and imposed on corporations and financial institutions), and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations or the Minnesota alternative minimum tax applicable to individuals, estates or trusts; it should be noted, however, that for the purpose of computing the federal alternative minimum tax imposed on corporations, such interest is taken into account in determining adjusted current earnings. The opinions set forth in the preceding sentence are subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes and from both gross income and taxable net income for State of Minnesota income tax purposes. Failure to comply with certain of such requirements may cause the inclusion of interest on the Bonds in gross income and taxable net income retroactive to the date of issuance of the Bonds. We express no opinion regarding other state or federal tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. BRIGGS -D MORGAN 1998. Dated at Saint Paul, Minnesota, this 12th day of August, loeional Assiation PS90LUTION NO. 99-23 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA HELD: May 10, 1999 Pursuant to due call and notice thereof, a Council meeting of the City Council of the City of Otsego, Wright County, Minnesota, was duly called and held at the City Hall in said City on Monday, the 10th day of May, 1999, at 6:30 o'clockP_.M. for the purpose, in part, of providing for the sale of $2,595,000 General Obligation Sewer and Water Revenue Bonds of 1999, Series A of said City. The following members were present: Mayor Larry Fournier, Virginia Wendel, Vern Heidner, Mark Berning and Suzanne Ackerman, Council MEmbers. and the following were absent: No One Member Vern Heidner introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE SALE OF $2,595,000 GENERAL OBLIGATION SEWER AND WATER REVENUE BONDS 1999, SERIES A A. WHEREAS, the City Council of the City of Otsego, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue the City's $2,595,000 General Obligation Sewer and Water Revenue Bonds of 1999, Series A (the "Bonds"), to finance the construction of various improvements to the municipal sewer and water system within the City; and B. WHEREAS, the City has retained Juran & Moody, in St. Paul, Minnesota ("Juran"), as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9): 1046513.1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Otsego, Minnesota, as follows: 1. Authorization. The Council hereby authorizes Juran to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening. This Council shall meet at the time and place specified in the Official Terms of Bond Sale attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The City Clerk, or designee, shall open proposals at the time and place specified in such Official Terms of Bond Sale. 3. Official Terms of Bond Sale. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit A and hereby made a part hereof. 4. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Juran and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member Mayor Larry Fournier and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Mayor Larry Fournier, Virginia Wendel, Vern Heidner, Mark Berning and Suzanne Ackerman, Council MEmbers and the following voted against the same: No One Whereupon said resolution was declared duly passed and adopted. 1046513.1 2 STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF OTSEGO I, the undersigned, being the duly qualified and acting Clerk of the City of Otsego, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to said City's $2,595,000 General Obligation Sewer and Water Revenue Bonds of 1999, Series A. WITNESS my hand as such Clerk this 10th day of May, 1999. 1046513 .1 �klty Clerk EXHIBIT A OFFICIAL TERMS OF BOND SALE $2,595,000 GENERAL OBLIGATION SEWER AND WATER REVENUE BONDS OF 1999, SERIES A CITY OF OTSEGO WRIGHT COUNTY MINNESOTA (Book Entry Only) NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: TIME AND PLACE: Sealed proposals will be opened by the City Clerk, or designee, on Monday, June 14, 1999, at 11:00 A.M., Central Time, at the offices of Juran & Moody, 1100 Minnesota World Trade Center, 30 East Seventh Street, in Saint Paul, Minnesota 55101-4901. Consideration of the proposals for award of the sale will be by the City Council at its meeting in the Otsego City Hall beginning at 6:30 P.M., on the same day. BOOK ENTRY SYSTEM: The bonds will be issued by means of a book entry system with no physical distribution of bond certificates made to the public. The bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the bonds. Individual purchases of the bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the Issuer through U.S. Bank Trust National Association, in St. Paul, Minnesota (the "Registrar") to DTC or its nominee as registered owner of 1046513.1 A- 1 the bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful proposal maker, as a condition of delivery of the bonds, will be required to deposit the bond certificates with DTC. The Issuer will pay reasonable and customary charges for the services of the Registrar. DATE OF ORIGINAL ISSUE OF BONDS: July 1, 1999. PURPOSE: For the purpose of providing money to 2010 finance the construction of various 2011 improvements to the municipal sewer and 2012 water system within the Issuer. INTEREST PAYMENTS: December 1, 1999, and semiannually 2014 thereafter on June 1 and December 1 to 2015 registered owners of the bonds appearing 2016 of record in the bond register as of the 2017-2018 close of business on the fifteenth 2019 (15th) day (whether or not a business 2020 day) of the immediately preceding month. MATURITIES: December 1 in each of the years and amounts as follows: Year Amount 2006-2008 $ 10,000 2009 5,000 2010 215,000 2011 220,000 2012 210,000 2013 225,000 2014 215,000 2015 225,000 2016 240,000 2017-2018 245,000 2019 255,000 2020 265,000 All dates are inclusive. 1046513.1 A-2 Proposals for the bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. REDEMPTION: At the option of the Issuer, bonds maturing after December 1, 2004 shall be subject to prior payment on said date, and any interest payment date thereafter, at a price of par and accrued interest. Redemption may be in whole or in part of the bonds subject to prepayment. If redemption is in part, the bonds remaining unpaid which have the latest maturity date shall be prepaid first. If only part of.the bonds having a common maturity date are called for prepayment, the Issuer will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Notice of such call shall be given by mailing a notice thereof by registered or certified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the registered books. CUSIP NUMBERS: If the bonds qualify for assignment of CUSIP numbers such numbers will be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. 1046513.1 A-3 DELIVERY: Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Legal opinion will be paid by the Issuer and delivery will be anywhere in the continental United States without cost to the Purchaser at DTC. TYPE OF PROPOSAL: Sealed proposals of not less than $2,556,075 and accrued interest on the principal sum of $2,595,000 from date of original issue of the bonds to date of delivery must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. A certified or cashier's check (the "Deposit") in the amount of $51,900, payable to the order of the Clerk of the Issuer, or a Financial Surety Bond complying with the provisions below, must accompany each proposal, to be forfeited as liquidated damages if proposal maker fails to comply with accepted proposal. Proposals for the bonds should be delivered to Juran & Moody, and addressed to: 1046513.1 Elaine Beatty Clerk Otsego City Hall 8899 Nashua Avenue Northeast Otsego, Minnesota 55330 If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the Issuer. Such bond must be submitted to Juran & Moody prior to the opening of the proposals. The Financial Surety Bond must identify each proposal maker whose Deposit is guaranteed by such Financial Surety Bond. If the bonds are awarded to a proposal maker using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Juran & Moody in the form of a certified or cashier's check or wire transfer as instructed by Juran & Moody A-4 not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the Issuer to satisfy the Deposit requirement. The Issuer will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the Issuer. No proposal can be withdrawn after the time set for receiving proposals unless the meeting of the Issuer scheduled for award of the bonds is adjourned, recessed, or continued to another date without award of the bonds having been made. RATES: All rates must be in integral multiples of 1/20th or 1/8th of 1°s. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity. INFORMATION FROM The successful purchaser will be PURCHASER: required to provide, in a timely manner, certain information relating to the initial offering price of the bonds necessary to compute the yield on the bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. QUALIFIED TAX The Issuer will designate the EXEMPT OBLIGATIONS: bonds as qualified tax exempt obligations for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. CONTINUING DISCLOSURE: The Issuer will covenant in the resolution awarding the sale of the bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain 1046513.1 A-5 material events, as required by SEC Rule 15c2-12. AWARD: Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all bonds from their date to their stated maturity. The Issuer reserves the right to reject any and all proposals, to waive informalities and to adjourn the sale. Dated: May 10, 1999. BY ORDER OF THE CITY COUNCIL /s/ Elaine Beatty City Clerk Additional information may be obtained from: JURAN & MOODY 1100 Minnesota World Trade Center 30 East Seventh Street St. Paul, Minnesota 55101-4901 Telephone No.: (651) 224-1500 1046513.1 A- 6 RESOLUTION NO. 99-24 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA HELD: May 10, 1999 Pursuant to due call and notice thereof, a council meeting of the City Council of the City of Otsego, Wright County, Minnesota, was duly called and held at the City Hall in said City on Monday, the 10th day of May, 1999, at 6:30 o'clock P.M. for the purpose, in part, of providing for the sale of $1,800,000 General Obligation Improvement Bonds of 1999, Series B of said City. The following members were present: Mayor LArry Fournier, Vern Heidner, Virginia Wendel Mark Berning and Suzanne Ackerman, Council ranbers . and the following were absent: No One Member Mark Bernina introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE SALE OF $1,800,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1999, SERIES B A. WHEREAS, the City Council of the City of Otsego, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue the City's $1,800,000 General Obligation Improvement Bonds of 1999, Series B (the "Bonds"), to finance the construction of various improvements within the City; and B. WHEREAS, the City has retained Juran & Moody, in St. Paul, Minnesota ("Juran"), as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9): 1046512.1 01 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Otsego, Minnesota, as follows: 1. Authorization. The Council hereby authorizes Juran to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Openincr. This Council shall meet at the time and place specified in the Official Terms of Bond Sale attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The City Clerk, or designee, shall open proposals at the time and place specified in such Official Terms of Bond Sale. 3. Official Terms of Bond Sale. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit A and hereby made a part hereof. 4. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Juran and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member Virginia wAnrlml and, after full discussion thereof and upon -a vote being taken thereon, the following voted in favor thereof: Mayor Larry Fournier, Virginia Wendel, Vern Heidner, Mark Berning and Suzanne Ackerman, Council MEmbers and the following voted against the same: No One Whereupon said resolution was declared duly passed and adopted. 1046512.1 2 STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF OTSEGO I, the undersigned, being the duly qualified and acting Clerk of the City of Otsego, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to said City's $1,800,000 General Obligation Improvement Bonds of 1999, Series B. WITNESS my hand as such Clerk this 10th day of May, 1999. 1046512.1 ity C erk 3 05-05-1999 03:51PM FROM Couri & MacArthur TO 4418823 P.08 i 7.20 7.30 Time and Manner of Inspection. Inspections shall be made by the Building Ins'oector and/or City Engineer to ensure compliance with the requirement$ of this Ordinance, Minnesota Rules Chapter 7080 and any permit conditions. inspections shall be made within seven (7) days of written notilication by any ISTS Permit holder that the ISTS for which the permit was issued is ready for inspection. No part of the rSTS shall be covered until it has been inspected and accepted by the Building Inspector and/ or the pity Engineer. It shall be the responsibility of the permit applicant toinotify the Building Inspector in writing that the project is ready for inspection. Inspections shall be made prior to the issuance of a building permit or variance for the addition of a bathroom or bedroom on property served by an ISTS. Certificate!of Compliance and Notice of Noncompliance. No newly constructed; installed, altered, repaired, extended or relocated ISTS shall be placed in operation until it has received a Certificate of Compliance as hereafter provided. Upon completion of the ISTS inspection as described in section t.20 above, the Building Inspector and/ or City Engineer shall make a determination as to whether or not the ISTS has been constructed, repaired, a-xtended or relocated in compliance with the requirements of this Ordinance,Minnesota Rules Chapter 7080 and any permit conditions. If the ISTS isfound to be compliant, then a Certificate of Compliance shall be issued to the property owner within thirty (30) days of inspection. If, however, the ISTS is found to be out of compliance, then a Notice of Noncomp 'Lance shall be issued. The Notice of Noncompliance shall state which portions of the ISTS are not compliant and shall further state a reasonabl4eriod for the property owner to bring the system into compliance. Once the necessary changes are made or the period specified in the Notice of Noncompliance has run, whichever occurs first, then the ISTS shallbe again inspected as provided above. If upon reinspection the property isnot compliant then a Notice of Noncompliance shall be issued to the property owner. The Notice of Noncompliance shall state the which portions of or the manner in which the ISTS is noncGmplaint. A copy of . the Certifikate of Noncompliance shall be forwarded to the City Attorney. for enforcement as provided in subdivision eleven (11) below: 7.40 Inspection Protocol. In the event that the Building Inspector cannot complete an inspection or perform all required inspections in a timely manner, the Building Inspector is authorized and directed to develop and inspection protocol. The inspection protocol shall establish the order and priority of..iuspections. For any ISTS required to be inspected for which the Building Inspector is unable to actually physically inspect the ISTS, the 7 05-05-1999 03:52PM FROM Couri & MacArthur TO 4418823 P.09 Building Inspector shall require that evidence of compliance be submitted. : Evidence of: compliance includes, but is not limited to, the following: a. affidavits from the ISTS Professional who performed any construction, ` installation, repair, alteration or relocation of the ISTS. b. video, electronic or photographic images of certain components and/ or work performed. c. `As -built'. drawings. d. any other data, as may be required by the Building Inspector in lieu of an actual inspection, evidencing compliance with this Ordinance, Minnesota Rules Chapter 7080 and applicable state law. The Buildh> g Inspector shall review such evidence and issue either a Certificate of Compliance or Notice of Noncompliance accordingly. 7.50 No Warranty or Guarantee of Operation. Neither the issuance of an ISTS Permit or Certificate of Compliance, nor any inspection of a ISTS shall constitute any warranty or guarantee that said ISTS will operate or function properly. SUBDIVISION S. NONCOMPLAINT SYSTEMS; FAILING SYSTEMS AND SYSTEMS POSING AN UVEMI HENT THREAT 8.10 Modification or Discontinuance Required. If upon inspection an ISTS is found to be a Noncompliant system, Failing System or a system posing an Imminent Threat to the natural environment or the public health, safety and welfare, thea the ISTS shall, if possible, either be modified or repaired to: comply with this Ordinance or its use discontinued withinfi'the time periods specified in this subdivision. 8.20 Noncompliant Systems. A noncompliant ISTS shall be properly repaired or modified or its use discontinued within three (3) years of the issuance of a Notice of Noncompliance for said system. However, a Certificate of Compliance issued under this Ordinance for a new system shall be valid for a period of five (5) years, unless said system is subsequently found to be a failing system or a system posing an inuninent threat to the natural environment or the public health, safety and welfare. 8.30 Failing Septic Systems. A `Notice of Noncompliance' shall be issued and copies provided to the property owner and to the City within thirty (30) 8 3` 05-05-1999 03:53PM FROM Couri & MacArthur TO 4418823 P.10 days after inspection when a failing system is found A failing ISTS shall be upgraded; replaced or its use discontinued within the six (6) months of issuance of the Notice of Noncompliance. In calculating the aforementioned six (6) month period, the months of November, December, January, February, March and April shall not be counted. 8.40 ISIS System Posing an Imminent Threat. Any ISTS posing an imminent threat to the'natural environment or public health, safety or welfare shall be upgraded, replaced or repaired, or its use discontinued, within a reasonable period of time, not to exceed three (3) months. In calculating the aforementioned three (3) month period, the months of November, December, January, February, March and April shall not be counted. SUBDIVISION 9 'WARRANITED, ALTERNATIVE AND- EXPERIMENTAL NDEXPERTMENTAL SYSTEMS 9.10 Application for Alternative or Experimental Systems. Application for approval of a Warrantied, Alternative or Experimental system shall be made in the same manner applying for a ISTS permit as provided in subdivisions five (S) above. 9.20 Review byjCity Engineer. All applications requesting approval of a Warrantied; Alternative or Experimental system shall be forwarded to the: City Engineer for a determination of eligibility for approval -under this Ordinance,' Minnesota Rules Chapter 7080 and applicable; State law. The City Engineer may require an applicant to submit any additional informatio# as may be required by the City Engineer to determine eligibility for possible approval under this subdivision. If the City Engineer determines; based upon the application materials, that the proposed Warrantied, Alternative or Experimental system cannot meet the requirements of Minnesota Rules §7080910 or this Or"ance, then such applicati.ot i shall be denied and the City Clerk shall send to notice of such denial to the applicant. 9.30 Requirements for Approval. To be eligible for possible approval, any Warrantied, Alternative or Experimental system must meet the requirements of Minnesota Rules §7080.910. In addition,, the applicant must show that a Standard System cannot be properly constructed on the subject property and that additional land for a Standard System is unavailabl6. 9.40 ApprovalTrocess. If the City Engineer determines that an alternative or experimental system application can meet the requirements of Minnesota N 05-05-1999 03:53PN FROM Court & MacArthur TO 4418823 P.11 Rules §7089.910 and this Ordinance, then such application shall be forwarded to the City Council for consideration, along with the recommendation of the City Engineer as to whether or not, approval should be granted. If a Warrantied, Alternative or Experimental' system is approved by the Council, then a `Nonstandard System Approval', in a form recommended by the City Attorney and approved by the Council, shall be signed by the City and the Applicant and recorded against the subject property. 9.50 No Right to Approval. Nothing in this subdivision shalLbe construed to guarantee or create in any applicant a right to approval of a Warrantied, Alternative or Experimental system. The City of Otsego reserves the right to deny all requests for approval of Warrantied, Alternative or Experimental systems and to prohibit their construction, regardless of whether such systems meet the requirements of Minnesota Rules §7080.910 or this Ordinance. SUBDIVISION 10. RECORD KEEPING 10.10 Required Records. The City Clerk shall keep and maintain records of all permits applications, permits issued, inspection data, notices of noncompli$nce, certificates of compliance, orders, enforcement proceedings and all other documents generated in the administration and enforcement of this Ordinance. The storage, maintenance and dissemination of such records shall occur as prescribed by Minnesota Statutes Chapter 13, the Muinesota Government Data Practices Act. 10.20 Reports and Filiogs. The Clerk shall prepare an annual report, as required by Minnesota Rules §7080.310, subpart 5, for submission to the Commissioner demonstrating enforcement of this Ordinance. The annual: report shall contain information for the calendar year and shall be submitted to the Commissioner no later than March I' of the following year. At a minimum,::the annual report shall contain the following information: a. a copy of the standard permit and inspection forms used by the City. b. the name and address of the program administrator. c. a listing of all qualified employees and contracted licensees authorized by the City to perform ISTS inspections and evaluations as required by this Ordinance. d. the number of ISTS permits issued. 10 05-05-1999 03:54PM FROM Couri & MacArthur TO 4418823 P.12 e. the number and methods of inspections conducted. f. the number and type of variance issued. g. the number and type of alternative or experimental systems approved, as well as the Monitoring results of each. SUBDIVISION 11. ENFORCEMENT 11. 10 Violations. i Any person who violates any of the provisions of this ordinance, fails to obtain any required permits, or who makes. any false statement; a Permit Application or Certificate of Compliance, shall be guilty of a nbisdemeanor, punishable by imprisonment or a fine or both as defined by law. f 11.20 Remedies. in the event of a violation of this Ordinance, in addition to any other remedies available to the City, the City Attorney may institute appropriate !civil and/or criminal actions or proceedings, including seeking: an injunction, to prevent, restrain, correct or abate such Ordinance violations. �n addition, the City may issue stop -work orders and repair orders at sulch times and upon such terms and conditions as are necessary to prevent violations of this Ordinance from occurring or to eliminate existing Ordinance �iolations. SUBDIVISION 12. CONNECTION TO MUNICIPAL SEWER 12.10 Connection to Municipal Sewer; When Required. Whben municipal sanitary sewer is available a property served by an ISTS shall be required to discontinue such use and connect to municipal sewer upon the first occurrence; of any of the following events: a. upon application for an ISTS Permit. b. When alNotice of Noncompliance is issued in relation to the ISTS serving the; property. c. Upon the expiration of a Certificate of Compliance. 12.20 Cause for .penial; Condition of Approval. The future availability of municipal sewer, in the City's sole discretion, may be caute for denial of an ISTS Permit. The issuance of an ISTS Permit may be conditioned upon the applicant connecting to municipal sewer when it becomes' available. 11 05-05-1999 03:55PM FROM Couri & MacArthur TO 4418823 P.13 Connection to municipal sewer when available may be an explicit condition contained in an imposed on any ISTS Permit prior to its approval. SUBDIVISION 13. REPEALER i k 13.10 Repealer. Ordinance number 92-27 and Ordinance number 91-24 of the City of Otsego related to individual sewage treatment sysiems are hereby specifically repealed in their entirety. SUBDIVISION 14. SEVERA►BILM 14.10 Severability. Should any subdivision, section, paragraph, sentence or lesser portion thereof by found invalid by a court of competent jurisdiction; then such invalid portion shall be severed from this Ordinance and all remaining subdivisions, sections paragraphs and sentences contained in this Ordinance shall be remain in full force and effect. This ordinance shall be effective upon adoption and publication in the City of Otsego's official newspaper. , Adopted this day of -1999. In favor: ATTEST: Clerk Elaine Beatty 12 City of Otsego Mayor Larry Fournier 05-05-1999 03:55PM FROM Couri & MacArthur TO 4418823 P.14 Nonstandard Septic System Approval CITY OF OTSEGO! ) ss. COUNTY OF WRIGHT ) pursuant to subdivision nine (9) of the individual Sewage Treatment Disposal System Ordinance, as the same may from time to time be amended, an nonstandard septic system is approved for the parcel of land described in `Exhibit A' attached hereto and incorporated herein by reference. This approval is limited only to the type of nonstandard system referenced in the attached `Exhibit B'. This approval Ys given based upon the following findings by the City and representations by the Applicant that the site is unsuitable for a standard septic syst0n; 1. Additional land for a conforming septic system is unavailable. 2. 3. 4. (Attach additional documentation if necessary.) This approval is given contingent upon the Applicant's continuing compliance with the following conditions: 05-05-1999 03:56PM FROM Couri & MacArthur TO 4418823 P.15 1. The Applicant shall perform or cause to be performed all regular and routine maintenance of the nonstandard system or performing necessary maintenance. 2. The Applicant shall place in escrow with the City the sum of $ for the life of the nonstandard septic system, said escrow to be used by the City for maintenance of the system in the event that the Applicant fails to perform maintenance as required herein. 3. The Applicant hereby grants a perpetual, irrevocable right of entry to the City for purposes of inspecting the nonstandard septic system throughout the life of said system. 4. (Attach additional Exhibit if necessary.) The foregoing nonstandard septic system approval is based upon representations made by the Applicant. If, for any reason, the nonstandard septic system fails to properly operate, then the lot or parcel described herein, and any dwelling or other structures . located upon said lot or parcel, may be declared unbuildable or uninhabitable by the City. In such case, the City reserves the right to take any and all legal action as may be necessary to protect the environment. The Applicant shall be liable for all costs incurred by the City as a result of a failed septic system, including attorney's fees, consultant's fees, witness fees and costs and disbursements. The applicant agrees to connect to municipal sewer services at such time as they become available. The Applicant agrees to hold the City of Otsego harmless and defend and indemnify the City, its employees and agents, for any claims, causes of action, damages, losses, or expenses or any nature, whether incurred by the Applicant or by Third Parties, arising in relation to the City's approval of the nonstandard septic system as herein provided. Dated: APPLICANT CITY OF OTSEGO- By BY EXHIBIT A OFFICIAL TERMS OF BOND SALE $1,800,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1999, SERIES B CITY OF OTSEGO WRIGHT COUNTY MINNESOTA (Book Entry Only) NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: TIME AND PLACE: Sealed proposals will be opened by the City Clerk, or designee, on Monday, June 14, 1999, at 11:00 A.M., Central Time, at the offices of Juran & Moody, 1100 Minnesota World Trade Center, 30 East Seventh Street, in Saint Paul, Minnesota 55101-4901. Consideration of the proposals for award of the sale will be by the City Council at its meeting in the Otsego City Hall beginning at 6:30 P.M., on the same day. BOOK ENTRY SYSTEM: The bonds will be issued by means of a book entry system with no physical distribution of bond certificates made to the public. The bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the bonds. Individual purchases of the bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the Issuer through U.S. Bank Trust National Association, in St. Paul, Minnesota (the "Registrar") to DTC or its nominee as registered owner of 1046512.1 A-1 the bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful proposal maker, as a condition of delivery of the bonds, will be required to deposit the bond certificates with DTC. The Issuer will pay reasonable and necessary charges for the services of the Registrar. DATE OF ORIGINAL ISSUE OF BONDS: July 1, 1999. PURPOSE: For the purpose of providing money to 2003-2006 finance the construction of various 2007 improvements within the Issuer. INTEREST PAYMENTS: December 1, 1999, and semiannually thereafter on June 1 and December 1 to registered owners of the bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. MATURITIES: December 1 in each of the years and amounts as follows: Year Amount 2000-2001 $170,000 2002 175,000 2003-2006 180,000 2007 185,000 2008-2009 190,000 All dates are inclusive. Proposals for the bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. 1046512.1 A-2 REDEMPTION: At the option of the Issuer, bonds maturing after December 1, 2004, shall be subject to prior payment on said date, and any interest payment date thereafter, at a price of par and accrued interest. Redemption may be in whole or in part of the bonds subject to prepayment. If redemption is in part, the bonds remaining unpaid which have the latest maturity date shall be prepaid first. If only part of the bonds having a common maturity date are called for prepayment, the Issuer will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Notice of such call shall be given by mailing a notice thereof by registered or certified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the registered books. CUSIP NUMBERS: If the bonds qualify for assignment of CUSIP numbers such numbers will be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. DELIVERY: Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Legal opinion will be paid by the Issuer and delivery will be anywhere in the continental United States without cost to the Purchaser at DTC. 1046512.1 A-3 TYPE OF PROPOSAL: Sealed proposals of not less than $1,773,000 and accrued interest on the principal sum of $1,800,000 from date of original issue of the bonds to date of delivery must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. A certified or cashier's check (the "Deposit") in the amount of $36,000, payable to the order of the Clerk of the Issuer, or a Financial Surety Bond complying with the provisions below, must accompany each proposal, to be forfeited as liquidated damages if proposal maker fails to comply with accepted proposal. Proposals for the bonds should be delivered to Juran & Moody, and addressed to: Elaine Beatty Clerk Otsego City Hall 8899 Nashua Avenue Northeast Otsego, Minnesota 55330 If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the Issuer. Such bond must be submitted to Juran & Moody prior to the opening of the proposals. The Financial Surety Bond must identify each proposal maker whose Deposit is guaranteed by such Financial Surety Bond. If the bonds are awarded to a proposal maker using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Juran & Moody in the form of a certified or cashier's check or wire transfer as instructed by Juran & Moody not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the Issuer to satisfy the Deposit requirement. The Issuer will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the 1046512.1 A-4 purchaser fails to comply with the accepted proposal, said amount will be retained by the Issuer. No proposal can be withdrawn after the time set for receiving proposals unless the meeting of the Issuer scheduled for award of the bonds is adjourned, recessed, or continued to another date without award of the bonds having been made. RATES: All rates must be in integral multiples of 1/20th or 1/8th of lo. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity. INFORMATION FROM The successful purchaser will be PURCHASER: required to provide, in a timely manner, certain information relating to the initial offering price of the bonds necessary to compute the yield on the bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. QUALIFIED TAX The Issuer will designate the bonds as EXEMPT OBLIGATIONS: qualified tax exempt obligations for purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. CONTINUING DIS- The Issuer will covenant in the CLOSURE UNDERTAKING: resolution awarding the sale of the bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain material events, as required by SEC Rule 15c2-12. AWARD: Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all bonds from their date to their stated maturity. 1046512.1 A-5 The Issuer reserves the right to reject any and all proposals, to waive informalities and to adjourn the sale. Dated: May 10, 1999. BY ORDER OF THE CITY COUNCIL Is/ Elaine Beatty City Clerk Additional information may be obtained from: JURAN & MOODY 1100 Minnesota World Trade Center 30 East Seventh Street St. Paul, Minnesota 55101-4901 Telephone No.: (651) 224-1500 1046512.1 A-6 22 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTN 1 ENT: PREPARED BY: 5. CONSENT AGENDA Elaine Beatty, City Clerk/ May 10, 1999 (Non -Controversial Items) 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 5.1. Approve the Rivers of Hope Day Proclamation (attached Info.) BACKGROUND: 5.1. Attached is information and letter from Margaret Ostman, Executive Director of Rivers of Hope, Elk River. I have also completed a proclamation for the Council to approve. Judy Rose, former County Commissioner called me 5/5/99 and noted that they are looking for a proclamation, not necessarily the donation. RECOMINIENDATION: This is for Council consideration and approval. If Council has any questions or need to discuss further, the item should be removed to another section of the Agenda. Thanks, lainz RIVERS OF HOPE DAY PROCLAMATION WHEREAS Ten years ago, the founders of Rivers of Hope recognized the need in this area for organized advocacy and support for the victims and survivors of domestic abuse; and WHEREAS Rivers of Hope was founded with the goal of building a community free of domestic violence through advocacy and education; and VVINJUAS Domestic violence is the number one cause of emergency room visits by women: and WHEREAS Rivers of Hope is now serving over 1,500 individuals each year; and WHEREAS Rivers of Hope provides such necessary services as: • a 24-hour crisis telephone line • advocacy services regarding court, housing, etc. • transportation services • support groups • community education; and WHEREAS These important services are recognized by many other groups who provide funding; NOW, THEREFORE, the CITY OF OTSEGO COUNCIL (name of council or board) hereby resolves to designate May 15, 1999 as Rivers of Hope Day in honor of their Tenth Anniversary. F. Date: MAY 10, 1999 RIVERS OF HOPE ADVOCATES FOR THE PREVENTION OF DOMESTIC VIOLENCE *CELEBRATING 10 YEARS OF BUILDING PEACEFUL COMMUNITIES* 1\\41111L1EbS FO GO%%%% %% 1FU[N1D1KA\x..1[bS1E1K 3 MILE WALK — MAY 159 1999 STURGES PARK, BUFFALO MN Registration 8:00 a.m. Start 9:00 a.m. Special guest Angela Hampton (Minnesota 9 News) Followed by picnic in the park with complimentary refreshments, children's fingerprinting, McGruff, clowns, music and more. Call for pledge sheets: 612-682-6424 or 1-800-439-2642 Matching funds from Lutheran Brotherhood Branch #8402 ^' 2 6 1999 RIVERS Of HOPE----;-, P.O. Box 142 Elk R�er;`MPfi 5330 (612)441-0792 (612)682-6424 1-800-439-2642 Elk River Office Buffalo Office Outside the Metro Sherburne County Wright County dialing area April 21, 1999 Dear Mayor and City Council Members; Rivers of Hope is celebrating its 10`h anniversary this year. This non-profit agency was established to advocate for and support women and children in abusive situations by providing resources, options and education to assist them in surviving victimization and discrimination. We invite you to join and assist us in celebrating 10 years of building peace in our community as we sponsor Miles To Go..., a fundraising event for our Wright County programs. Please see the attached information for details of the event. At this time we are asking your council to consider passing a resolution of support to help us celebrate our 10`b year of service to the community. A resolution is enclosed for your consideration. Our goal is to have all communities in Wright County pass resolutions of support. If you should have any questions, please feel free to contact Judie Rose at 682-5489. Thank you in advance for your generous consideration and assistance in making this event a success. Sincerely, Margaret Os an, Executive Director To Build a Community Free of Domestic Violence Through Advocacy and Education ki5 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: 6. Dan Licht, Assistant City Planner: Elaine Beatty, City Clerk/ May 10, 1999 6:30PIVI ITEM NUMBER: ITEM DESCRIPTION: 6.1. Lin -Bar petition - Increase Driveway Width 6.2. Any Other Planning Business BACKGROUND: 6.1. Mr. Steven R Camps, 14715 -71ST ST NE in Lin -Bar Estates brought the attached petition to the Council at last Council Meeting - Open Forum. It was added to this agenda for discussion with the Council and Planner. Mr. Licht has written a memo on the matter which is attached. He will attend this meeting to address this issue. 6.2. This item is for any other planning business that should arise. RECOMiMENDATION: This is for Council consideration and any action necessary. C./ PETITION TO: The City Council of Otsego City Hall 8899 Nashua Ave N.E. Otsego, Minnesota 55330 The of residents of Lin -Bar Estates petition the Otsego City Council to change the City ordinance to increase the maximum driveway width from 24 feet (less flares at curb) to a maximum width equal to the maximum width of an attached garage (less flares at the curb) on residential properties of one acre and larger. Lin Bar Estates is a development consisting of 391+ acre lots. There are 14 occupied homes -and 3 more currently under construction. Paragraph 7 of the De6aration of Covenants, Conditions and Restrictions recorded in Wright County on May 201997 restricts outdoor storage on the lots. Paragraph 7 reads, "No motorhome, camper, trailer, boat, motorcycle, snowmobile, all -terrain vehicle, racing car, hobby or junk car, or any other form of recreational vehicle whether motorized or not, shall be parked, placed on blocks, stored or permitted to remain on any lot unless it is located inside the garage, dwelling or attached, screened enclosure constructed of building material matching that of the dwelling and approved by Lin -Bar Estates II committee as hereinafter provided." This type of restrictive covenant is becoming the standard. Home owners are building larger garages to store their recreational vehicles. Typical garage set backs for Lin -Bar Estates are 40 feet from the property line. The City of Otsego maintains a 10 foot easement It is within this easement that the 24 foot maximum driveway width applies. This leaves a 30 foot long maneuverable area in front of the storage bays of a garage. A standard cab pickup truck with 8 foot bed towing an 18 foot fishing boat is about 41 feet long. The restrictive driveway widths imposed by Otsego City Ordinance increase the difficulty of backing trailers and RVs into the storage bays of the garage. NAME AND ADDRESS OF PRINCIPAL PETITIONER Name: u Address: Phone Address / I (" - / & /c.�. . Phone: Sign re Driveway Petition 14715 71St N.E. Otsego MN 55330 241-4949 -7 l 2v D lgtyNE Otsego MN 55 0 2z// - 39SS_ Page 1 of 3 Name: /9 A,-/ 6Ec 'V Address: Grp Phone: Signature Name: I�G...z �14kt Signature Name: X/ Signature Address Phone: 7/.D ---O a �� /I Otsego, MN ''5330 ay/ -16 �5� 7/z 5 0'4, 11 Acs& A Ae- Otsego, MN 55330 Address: / 9;? ego, MN 55330 Phone: Name:) Address: Phone: Signature Name: /41 C-0 o we 1 f Address: •.�. T � Phonll Signature c/ I Name: J Address: nl4n I b.— - Phone: Sign Name: SLd ei7 0,11 Address dJz, Phone: Signat e 60 7rl1Vf 6� �2kll ii elle 76�0� O&U c_.t,� Otsego, MN 55330 ?aq/ n4ell c, l r Otsego, MN 55330 a�f i - 519 115 QA64 PNC 1 -IL Otsego MN 55330 ]�i-OOS4 1�6 6 7 7 Z., 57" NF Otsego MN 55330 g9cc Driveway Petition Page 2 of 3 l S N �" �Ad r : Phone: S ature Name: 3ER-2y j'6Ar b C) LSA-- Address Phone: Signature 79 -L -i Otsego MN 55330 r� 1 4� `f'l --- —3I-1 O O(VfzE,,,i AjE. N Otsego MN 55330 V1 Iti-7d�C) —�csr s7—AjC Otsego MN 55330 Name: �� t'i f'1 `� `2 S Address: �b d Otsego MN 5330 Phone: Sign ure Name: Address: Otsego MN 55330 Phone: Signature Name: Address: Otsego MN 55330 Phone: Signature Driveway Petition Page 3 of 3 MAY -05-1999 17:33 NAC 612 595 9837 P.01i02 N NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING. - DESIGN - MARKET R E 5 E A R G M MEMORANDUM - via fax transmission TO: Otsego Mayor and City.Coun.cil FROM: Daniel Licht DATE: 5 May 1999. RE: Otsego - Curb Cut Size FILE NO.: 176.08 BACKGROUND, Residents of the LIN -BAR Estates have submitted a petition to the City Council. requesting an .increase in allowed curb cut access from 24 feet to the width of'the attached garage for lots 1 acre in size or larger. Section 20-22-4.'.7 of the'Zoning Ordinance states that no curb cut access shall exceed 24 feet iri width unless approved by'the City Engineer. The intent of the request outlined in the petition is to allow for a' st�sight driveway from the third or fourth stall on- an attached garage to.the street. This Change would make it easier to back in'a recreational trailer foe storage. Mr. Jerry.Olejar (7170- Ogren Avenue), a resident of LIN -BAR, had previously raised this issue during open forum at the March 8, 1999 City Council meeting. Staff explained the basis of the current regulation at that time, including the allowance for tuming radius' for.three stall garages. The purpose of this memorandum is to provide information regarding the basis of the existing regulations, situations where exceptions to the Ordinance are typically approved by the City Engineer and actions the City Council may pursue in addressing the issue: ISSUES ANALYSIS Existing Ordinance. Curb cut access for all uses are limited.to 24feet and applies at the right-of-way line. The maximum 24 foot width does not apply within the' 10 foot easement along the front lot line, thus allowing a minimum 35 feet (required front setback) for flaring the drive way to circulate to the garage. The 24 foot width is the equivalent of two full . . driving lanes for a public street. In terms of residential uses, it has been established that the City Engineer allows the driveway width to be increased as part of a turning radius at 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 I 0 PHONE 6 1 2-595-963.6 FAX 6 1 2-595.-9837 MAY -05-1999 17:33 NAC 612 595 9e37 P.02i02 the apron by approximately three feet. This allowance provides necessary circulation area for access to an accessory garage stall. In considering the 24 foot standard, it is important to consider that this width is equivalent to two full driving lanes on a public street, whereas, most tvm car garages have a door of 18 to 20 feet. A three car garage is typically between 27 to 30 feet wide. Further, Otsego's standard urban street section is only 32 feet wide. The basis of the current curb cut width, especially for residential areas, is to limit access points, provide snow storage, reduce impervious surface/increase green space and provide opportunities for on -street parking (where permitted). Additionally, restoration costs with any utility installation in the right-of-way and/or easement would increase with an allowance for wider driveways. The effects of widening the allowed curb cut on a 150 foot frontage lot may not appear significant However, it is intended that these types of lots may ultimately be subdivided into two lots. Based upon a future 75 foot lot width, a 24 foot access already represents nearly a third of the frontage. Additionally, the radial lots at the and of cul-de-sacs already have reduced width at the street. Increasing the allowed access width could further complicate snow storage, separation between curb cuts and reduce greenspace. Exceptions. The current Ordinance is written to allow increases in curb access widths by approval of the City Engineer. The intent the exception is to allow for increased curb access when dictated by traffic safety issues. Example situations may include the need for more than two enter/exit lanes from a commercial development for dedicated tum lanes or wider access to an industrial property necessitated by truck turning radius' without crossing the centerline. A single family residential property is distinguished from this exception in that they are not required to provide complete on-site circulation; A recreational trailer can be backed into the driveway using the public street. CONCLUSION It is Staffs opinion that the existing 24 foot curb cut standard is appropriate. An increase in the curb cut width may provide greater convenience to those property owners with trailers or recreational equipment on trailers that are backed onto the driveway from the public street. However, City policy already allows for increases in the driveway width beyond the right of way and at the curb to facilitate circulation of such vehicles. In consideration of the factors outlined herein regarding access points, snow storage, greenspace, future subdivision and cul-de-sac lots, it is staffs opinion that the 24 foot width should be maintained. However, the City Council may direct staff to prepare an analysis of alternative curb cut widths as part of a possible Zoning Ordinance amendment. Such an amendment would need to be considered by the Planning Commission as part of a public hearing with recommendation to the City Council for action. PC. Mike Robertson / Elaine Beatty Andy MacArthur / Larry Koshak N TOTAL P.02 k12 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: 7. Larry Koshak, City Engineer: Elaine Beatty, City Clerk/ May 10, 1999 6:30PTVI ITEM NUMBER: ITEM DESCRIPTION: 7.1. Odean Avenue Cost Estimates 7.2. Any other Engineering Business BACKGROUND: Item 7.1 above has been prepared by the City Engineer, Larry Koshak. Attached is the information needed for these items for your review. Mr. Koshak will attend this meeting and be available to answer questions. 7.2. Is for any other Engineering Business that should arise. RECOMMENDATION: This is for Council consideration and approval if necessary. Thanks, Elaine Hakanson Anderson Ili, Assoc., Inc. I & Municipal Engineering Land Surveying CITY OF OTSEGO CITY ENGINEER COUNCIL AGENDA ITEMS COUNCIL MEETING 5/10199 ITEM 7.1 ODEAN AVENUE PROJECT 3601 Thurston Avenue Suite 101 Anoka, Minnesota 55303 612/427-5860 612/427-0520 Fax As requested by Mike Roberston, Administrator, we have provided the cost breakdown for this project with the information we have available._ See attached memo. ITEM 7.2 ANY OTHER ENGINEERING BUSINESS City Engineer Council Agenda Items Page 1 of 1 May 5, 1999 C1SharelMunicipaM0TSEGOl9011ot901agenda5-10-99 cloc •� Hakanson 1 Anderson Assoc., Inc. I & Municipal Engineering Land Surveying MEMORANDUM TO: Mike Robertson, Administrator FROM: Lawrence G. Koshak, PE City Engineer DATE: May 5, 1999 RE: Cost Analysis of Project 3601 Thurston Avenue Suite 101 Anoka, Minnesota 55303 612/427-5860 612/427-0520 Fax At your request we have estimated the project costs as best we can do at this time. Several events could change the amount, such as: 1) Amount eligible under Municipal State Aid Rules 2) Amount of Easement and R.O.W. costs 3) Total Amount of Assessment 4) Bid Results Construction Cost: The total construction cost is estimated at Breakdown on Fund Sources for Construction Cost: TEA21 Grant Funds (this amount is limited to $1.3 million) MSA Eligible Construction Funds Local Funds Overhead Costs: $1,832,326 $1,204,496 $439,481 $188,349 City can receive up to 25% of the eligible construction costs for overhead cost. This is limited to: Engineering, Construction Staking, Construction Inspection, Easement & R.O.W. Acquisition, and Legal Fees associated with the acquisition. The eligibility should include the services of the appraiser and real estate agent. Eligible MSA construction amount is $1,832,326 less $188,349, for a total of $1,643,977. C:\Share\MunicipaMOTSEGO\901\ot9O1 mrl l .doc Mike Robertson, Administrator Page 2 May 5, 1999 Maximum Overhead Funds Available from MSA: $1,643.977 x 25% $410,994 Breakdown of Overhead: Design Fee $82,500 Construction Engineering $27,500 Easement Documents & Staking (HAA only) $30,000 Construction Staking & Inspection $128,250 Materials Testing & Soil Engineer $25,000 Additional Engineer Services related TEA -21 Requirements $10,000 Subtotal - $303,250 The overhead costs unknown to us at this time are as follows: a) Service of Appraisers, Attorney, and Real Estate Agent b) Actual cost of R.O.W. & Easement There -would appear to be about $100,000 of the maximum available of the eligible overhead funds for the above unknown costs. We had estimated in the Feasibility Study that the total easement and R.O.W. costs in the Feasibility Report to be $88,500. A separate issue from above is the bike path estimated costs: TEA -21 Funds Municipal State Aid Total Construction Cost Estimate for Bike Path C:\Share\Municipal\AOTSEGO\901\ot9O1 mrl l .doc $50,900 $12,725 $63,625 Hakanson 1111 Anderson Assoc., Inc. ki2 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: 8. Andrew MacArthur, City Attorney Elaine Beatty, City Clerk/ May 10, 1999 6:30PM ITEM NUMBER: ITEM DESCRIPTION 8.1. Review Proposed Septic Ordinance Update 8.2. Consider Resolution for Condemnation of 78TH ST Right of Way 8.3. Any other Legal Business BACKGROUND: 8.1. Andy MacArthur will be present to explain and answer questions and review Proposed Septic Ordinance Update. 8.2. See Resolution from Andy MacArthur Re: Condemnation of 78TH ST Right of Way. 8.3. This is for any other legal business that may arise. RECON VIENDATION: This is for Council consideration and any approval needed. I Michael C. Couri- Andrew J. MacArthur Marcus W. Miller *A Lw (icemai in QBnois May 5, 1999 Otsego City Council City of Otsego 8899 Nashau Avenue N.E. Elk River, MN 55330 COURI & MACARTHUR Attorne)w at Law 705 Central Avenue East PO Bar 369 St. Michael, MN55376-0369 (612) 497-1930 (612) 497-2599 (FAX) couriandmaca thur@pobos. com Re: Otsego — ISTS Ordinance and Nonstandard Septic System Approval form Dear Council Members: I am writing with regard to the above -referenced matter. Please find included with this letter an ISTS Ordinance for your consideration and possible approval. This Ordinance includes suggestions made by the City Engineer. Also, included is a `Nonstandard Septic System Approval' form. The Council has previously adopted a similar form. However, the proposed changes in the City's septic Ordinance required that this form be revised slightly. If the enclosed Ordinance is approved, then the enclosed Nonstandard Septic System Approval form should be adopted as well. Please call if you have questions or comments. I thank you for your kind attention to this matter. Your 2 arcus . Miller Couri & MacArthur Law Office enclosures 05-05-1999 03:47PM FROM Couri & MacArthur TO 4418823 P.02 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDNANCE NO. SEWAGE AND WASTEWATER TREATMENT ORDINANCE The City Council of the City of Otsego hereby Ordains as follows: SUBDIVISION 1. PURPOSE AND INTENT The purpose of the Sewage and Wastewater treatment Ordinance is to provide minimum standards for and regulation of individual sewage treatment systems (ISTS) and septage disposal including the proper location, design, construction, operation, maintenance and repair to protect surface water and ground water from contamination by human sewage and waterborne household and commercial waste; to protect the public's health and safety, to protect the natural environment and to eliminate or prevent the development of public nuisances. This Ordinance is adopted pursuant to the authority granted under Minnesota Statutes Chapters 115 and 145A and Minnesota Rules Chapter 7080 pertaining to sewage and wastewater treatment, as the same may from time to time be amended. SUBDIVISION 2. DEFINITIONS 2.10 Definitions. For purposes of this Ordinance the following capitalized and italicized terms and phrases, wherever they appear, have the meanings indicated: `Alternative or Experimental System' means an ISTS employing the methods and devices presented in Minnesota Rules §7080.910. 'Certificate of Compliance' means a document of limited duration issued in relation to a particular ISTS demonstrating that said ISTS complied with the provisions of this Ordinance at the time of issuance. `Certificate of Noncompliance' means a document of issued in relation to a particular ISTS demonstrating that said ISTS does not comply with the provisions of this Ordinance. 05-05-1999 03:48PM FROM Couri & MacArthur TO 4418823 P.03 `City' refers!to the City of Otsego, a municipal corporation duly organized under the la4v of the State of Minnesota. `Commissioner' refers to the Commissioner of the Minnesota Pollution Control Agency. `Failing �teml means any ISTS that discharges sewage to a seepage pit, cesspool, drywell, or leaching pit and any system with less than. three (3) feet of soil or sand between the bottom of the distribution'medium and the saturated soil level or bedrock. `Imminent Threat' means situations with the potential to immediately and adversely impact or threaten public safety or health. At a minimum, ground surface or surface water discharges and any system causing sewage backup into a dwelling or other establishment shall constitute an Imminent Threat. `ISTS' stan4s for Individual Sewage Treatment System. `ISIS Permit, refers to a permit required by and issued pursuant to this Ordinance for the construction, installation, repair, alteration, relocation, maintenance or pumping of a ISIS. `ISTS Professional' refers to a person who conducts site evaluations, or designs, ixi4talls, alters, repairs, maintains, pumps, or inspects all or part of an ISTS ana is required to comply with applicable requirements of Minnesota pules Chapter 7080 and this Ordinance. An ISTS Professional must be trained and licensed as required by Minnesota Rules Chapter 7080. `Notice of Noncompliance' means a document of issued in relation to a particular ISTS putting an ISTS permit applicant or property owner on notice that said ISTS does not comply with the provisions` of this Ordinance.: `Standard System' means an ISTS that meets the requirements and specifications of Minnesota Rule Chapter 7080 and which is not a Wamantied, Alternative or Experimental System. `Warrantied System' means an ISTS that has been properly documented to and accepted by the Commissioner pursuant to Minnesota Statutes § 115.55, subdivisioii 8. 2 05-05-1999 03:49PM FROM Couri & MacArthur TO 4418823 P.04 SUBDIVISION 3. GENERAL PROVISIONS 3.10 Scope and Application. This Ordinance shall apply to all existing and future individuals sewage treatment systems located within the City of Otsego. 3.20 Standards Adopted By Reference. The City hereby adopts by reference Minnesota Mules Parts 7080.0010 to 7080.0315, as the same may from time to time be amended, relating to minimum technical standards and criteria for individual sewage treatment systems. Any ISTS constructed and installed within the City subsequent to the adoption of this Ordinance must comply with these provisions adopted by reference, unless otherwise approved as a Warrantied, Alternative or Experimental System pursuant to Subdivision nine (9) of this Ordinance. 3.30 Permits Required. No person shall construct, install, alter, repair, extend, relocate or pump any individual sewage treatment systernjn the City of Otsego without first applying for and obtaining a permit as provided in Subdivision five (5) of this Ordinance. 3.40 License Requirements. No person shall engage in the evaluation, inspection, design, installation, construction, alteration, extension, repair, maintenance or pumping of on-site individual sewage treatment systems without first obtaining a license to perform such tasks frojpn the Minnesota Pollution Control Agency as required by Minnesota Rules §7080.0700 through 70$0.0720. 3.50 Additional Soil Treatment Area Required. For all lots created after January 23 1996, the ISTS system design shall identify and designated at least one alternative soil treatment area, in addition to the primary soil treatment area, which can support a standard soil treatment system. SUBDIVISION 4. ADMINISTRATION 4.10 Ordinance Administration. The City Clerk, Building Inspector and City Engineer shall be responsible for the administration of this Ordinance. 4.20 Duties of the Clerk. The City Clerk shall be respomsible'for the administration and issuance of orders, permits and notices required by this Ordinance: The Clerk is authorized and directed to cooperate with local and state officials and personnel in the enforcement of ftS OidiA ID% Minnesota Rules Chapter 7080 and applicable state laws. 3 �; 05-05-1999 03:49PM FROM Couri & MacArthur TO 4418823 P.05 4.30 Duties of the Building Inspector. The Building Inspector shall be responsible for site and system inspections, compliance determinations, investigation of failing systems and permit review and any other duties necessary tensure compliance with the provisions of this Ordinance, Minnesota ales Chapter 7080 and applicable state law. The Building Inspector shall be properly licensed by the WCA to conduct the foregoing duties as required by Minnesota Rules Chapter 7080, as the same may from time to time; be amended. 4.40 City Engineer Duties. The City Engineer shall be responsible for review and system 4sign analysis on all Warrantied, Alternativeor Experimental systems approved under subdivision nine {9} of this Ordinance. SUBDIVISION 59 PERMIT APPLICATION REQUIREMENTS AND PROCEDURES. 5.10 Applicatio# Information. Each permit application required by section 3.30 above shall be presented as follows and contain all of the following iirformation: 5.20 Application Form. Applications for permits shall be made on forms approved aird furnished by the City. The application must be signed by the applicant aird shall be submitted to the City Clerk. 5.30 Legal Description, Name and License Data of ISTS Professional. Each permit app 'cation shall contain the legal description of the property for which the rmit is requested. The application shall also disclose the name of the ISTS Professional who will perform the work for which the permit is required ar d provide all license data required by Minnesota Rules §7080.0706 through 7080.0720. 5.40 Site Pian. Each permit application shall be accompanied by a site plan, prepared b an ISIS Professional or professional land surveyor, showing the followrug, unless such requirements are specifically waived, in whole or in part, in 'writing by the City's Building Inspector: a. the location of any proposed or existing building on the subject property b. the boundary lines of the subject property. �� t C. the location of water supply facilities. 4 05-05-1999 03:50PM FROM Couri & MacArthur TO 4418823 P.06 d, the lo0ation and ordinary high water mark or any streams, ponds or lakeslocated on or within 150 feet of the subject property. C. that the proposed ISTS meets all setbacks as requited by Minnesota Rulesi Chapter 7050. f. topographic contours at two (2) foot intervals. Topographic contofurs and elevations shall be drawn to scale on the site plan using comnYon Engineers scale. g. the ldcati.on of any ISTS or wells on adjoining lots'within 150 feet of the subject property. : Each site LI n shall be accompanied by a certificate of accuracy from the P, ISTS Professional or land surveyor who prepared the site plan. 5.50 System Deign Data. Each permit application shall include a complete design plan Ishowing the size and location of all parts of the ISTS and provide a dgsign certification from a licensed ISTS Professiorfal as to the adequacy aid location of the ISTS in relation to the requirements imposed by 7080. 5.64 Other Data. Each permit application shall contain any and all additional information, as may be required by the City, necessary to show that the conditions of 7080 will be met. SUBDIVISION PERMT APPROVAL PROCEDURES. 6.10 Permits. Permits shall be approved or denied as hereinafter provided in this subdivision. 6.20 Permit Fes. The City Council shall, by resolution, set the amount of fees to be collected at the time of application for permits required by this Ordinance.! s� 6.30 Submissiop of Application. Permit applications shall be submitted to the City Clerk; along with the permit fee. The Clerk shall forward all applications to the Building Inspector. The Building Inspector shall, within five (5) days, determine whether a submitted application is complete. Incomplete applications shall be rejected and returned to the applicant along witbJ a written explanation as to why the application has been rejected. E 05-05-1999 03:51PM FROM Couri & MacArthur TO 4418823 P.07 6.40 Technical Review. Once a complete application is received, the Building Inspector shall review the application to determine whether it meets the requirements and standards of this Ordinance and of Minnesota Rules Chapter 7080. The Building Inspector may, in his or her sole discretion, submit the permit application to the City Engineer for review, comment and/ or a determination as to whether the application meets the requirement6 of this Ordinance and Minnesota Rule Chapter 7080. 6.50 Approval by Building Inspector. Once a determination is made that the application meets all applicable requirements, then the application shall be. returned to the City Clerk who shall issue the ISTS permit. The Building Inspector ax.d/or City Engineer may impose any and all conditions to ensure compliancewith the requirements of state law, Minnesota.Rule Chapter 7080 and applicable local ordinance. If it is determined that the application does not meet the requirements of this Ordinance or Minnesota Rules Chapter 7080, then the clerk shall give notice to the applicant that the application �ms been rejected and state the reasons for such rejection as provided by the Building Inspector and/ or City Engineer. The decision to approve or deny the application permit shall occur within ten (10) days of the Building Inspector's receipt of a complete application: SUBDIVISION 7. INSPECTIONS 7.10 General Inspection Requirements. The Building Inspector shall make such ISTS inspections as are necessary to determine compliance with this Ordinance,` Minnesota Rules Chapter 7080 and/ or any conditions contained in permits issued hereunder. The following events shall trigger an ISTS compliance inspection: a, a permit lis granted under section 6.50 above. b. a building permit or variance is granted for the addition of a bedroom or bathroom on property served by an ISTS. c. for all new ISTS construction, or any ISTS replacement, repair, alteration, maintenance or operation. d. Granting of request for change in system design or change in permit conditions: e. the City`learm or receives a complaint that a particular ISTS may be a Failing System or poses an Imminent Threat to public health safety and welfare. 2 05-05-1999 03:57PM FROM Couri & MacArthur TO 4418823 P.16 • Y 1 STATE OF MINNESOTA ) COUNTY OF WRIGHT } The foregoing instrument was acknowledged before me this day of as the Applicant1998, by Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGIfT ) The foregoing ;instrument was acknowledged before me this day of 1998, by as, City Administrator for the City of Otsego. Notary Public This Document Drafted by: Couri and MacArthur: Law Office 705 Central Ave. E. P.O. Box 369 St Michael, MN 55376 TOTAL P.16 Michael C. Couri- Andrew J. MacArthur Marcus W. Miller COURT & MACARTHUR Anorneys at Law 7V5 Central Avenue East PO Box 369 *AW t mued D11ISrov St. Michael, MN55376-0369 (612) 497-1930 (612) 497-2599 (FAX) couriandmacarthurQpobox caom May 6, 1999 City Council Members City of Otsego c/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 RE: Resolution Authorizing Eminent Domain- 78`h Street Dear Council Members: Please find enclosed a proposed resolution authorizing commencement of eminent domain proceedings for the proposed 78`h Street. I have not attached the exhibits. They will be provided at the meeting on Monday. I will also provide you with a resolution for plans and specifications relative to the Hall's Addition overlay project. Very t,uly,yours, Andrew J, -MacArthur" `COURI & MACAR'THUR Encl. cc: John Harwood, Hakanson Anderson Dan Licht, NAC CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 99 - RESOLUTION AUTHORIZING PROCUREMENT OF PERMANENT EASEMENTS FOR ROADWAY, STORM WATER DRAINAGE, SANITARY SEWER, WATER, AND UTILITY PURPOSES, ALONG WITH NECESSARY TEMPORARY CONSTRUCTION EASEMENTS FOR 78TH STREET AND PORTIONS OF QUADAY AVENUE WHEREAS, the City of Otsego has initiated a feasibility study for construction of 78th Street and portions of Quaday avenue within the City in order to better serve lands recently proposed for subdivision approval and in order to improve the City's transportation system; and WHEREAS, the City has ordered and approved plans and specifications for the establishment of a City sanitary sewer collector system, water system, and facilities to hold and deliver water service; and WHEREAS, the City has approved a feasibility study for the construction of 78th Street and portions of Quaday Avenue; and WHEREAS, additional easements for purposes of road right-of-way, storm drainage, sanitary sewer, water, and utilities, as well as temporary construction easements will need to be acquired; and WHEREAS, the general location of all necessary permanent easements, and temporary construction easements is set forth on attached Exhibit A; and WHEREAS, the various takings are legally described by individual parcels and graphically depicted on attached Exhibit B; and WHEREAS, the construction of all of the above described facilities constitutes a public purpose; and WHEREAS, the City has authority to acquire said land and easements by eminent domain pursuant to Minn. Stat. 117.011 and 117.042; and WHEREAS, the City has the right to acquire the land and easements prior to the filing of an award by the court appointed commissioners, pursuant to Minn. Stat. 117.011 and 117.042; and WHEREAS, the land upon which the facilities will be constructed is owned by the following persons listed on attached Exhibit C; and WHEREAS, pursuant to its adopted policy, the City will first make offers, based upon appraisal information, to affected property owners, or will require dedication of the necessary easements within the platting process, if completed prior to commencement of construction of the roadway and improvements; and will provide said owners a reasonable amount of time to respond. In the event that negotiated acquisition of the property interests cannot be achieved, the City will proceed with eminent domain in order to insure timely construction of the above mentioned projects. NOW THEREFORE BE IT RESOLVED, that the Otsego City Council hereby authorizes the acquisition of said land and permanent and temporary easements as described on attached Exhibit C through eminent domain; and to take title and possession of that land prior to the filing of an award by the Court appointed commissioners, pursuant to Minn. Stat. 163.02, Subd. 2, 117.011 and 117.042; and BE IT FURTHER RESOLVED, that construction of the various facilities as set forth herein constitutes a public purpose; and BE IT FURTHER RESOLVED, that the City attorney is requested to file the necessary petition therefor, and to prosecute such action to a successful conclusion or until it is abandoned, dismissed, or terminated by the City or the Court. The City will simultaneously seek to negotiate the acquisition of the described land and permanent and temporary easements. Motion to adopt this resolution made by and seconded by , this day of , 1999. IN FAVOR: OPPOSED: CITY OF OTSEGO Larry Fournier Mayor 0a ATTEST Elaine Beatty City Clerk 14: 0 w2 C t Z O EXHIBIT A 11111110 Elt-9 s fo soi aco�4 5q;ci _ Ski' F E o ` Z—S 1ISIIX21 1 �j�333�1 26 \ l / #262203 \ dd \✓G \ C • e8 #262200 ----------- �' -C i 4 - CD „� 9i I � K I- I ma I I � I I I - ma t: el \ o 1, ; H, W o N •t. �Ja�� tJt \�a,b �b � � S. °L — �• { � — — — oe•ars AA ;00 Y/L3N 10 Z/LN {0 0011 1003. t ! i �f►: � � y � a $ a r 5S a - yj� Sa = 8s lJ N A 3 G �L = ;• �tt • �g OtpJ � i4SQ � � Sv 5� O � r _ 3 94 _ v 58 3� Y-3 3 i ` 8s 5 5g - �' `05 a froL�-' 30•'3 7Y `' N 85 s�h8= In •L w? � 3 Y Zi$$EY� 6d 65S fi a •�5 553 :• �5 $ - • ?O y �s v i _°a o 3 3 Y u^ $�y Jr 5 Y S S 5 v7 �� °v S �ry aa• .. V/ W L• 6? p•��s s• S N asp O p O O a F Go �{ s/L3N to VIN 10 0u11 Isom— EXHIBIT B-2 3 .x IAV A 6 ayn b T-81-:1]] }r el \ o 1, ; H, W o N 2 �11 EXHIBIT B-3 0 1_ •1 i1 WZ# 1 .3.9 MY ,cVaYnb - I a o a >/UN }o Z/IS 10 g m c h $ i B_ a OC19L- --T- I o a Ja yT CIA V) V PO c i ; oft } YCC }!�L C) ^ I 04 -q- �,1 l\l� i a o< o o Q r fm �^ tz ce rj • - G - P —jtL C.� O p O' o '= E., 59'96£ 5 •� � \ O`y P l CJS= `�_^ ro W� I � w w � O j 5 � -- D°• a I O Qi I C I � /� - PN2 .E - JZ u- • ` 1 C a ( Z w2 co o I I 53 5a° 50�ss�3 I I ¢ $_ • � j- C o-, °'mow � o 1 `' C I O \2 \ a. i t/ l3N JO Z/ IS )p JS a •�+: -�-- a w r/£3 iv •ull leant-, CJ i IS o • 3 • •; `i a e = y -.2 o aa- • H 6 S b o • o.L • •�] ri =P �Q _JJ jt� �•PO si J Ca e Y � e o n O� Pr— r CL - � I � ° r ff � H � • u � � i Tp`Q Q Q O O o aY $s E= ° 3351j-� r nl\y — — — — — o n o 6v OEr .`G So'?c �zS YPvfi $ gi N EXHIBIT B-3 I N p \ V h W J.N .fid .cdQdnb Zaa — - - — 00,099 t'/ 13N 10 Z/ l5 10 I ti/f3 t° *Ull 1203_ EXHIBIT B-4 O V W 101! OL'I9l T ` oOi I w r \ N O O � a N W O a oa N 1- ^\ Cal) ) `o Q (,� • Ems. ��.1 3 .S O O D (;g�96f N Y O D p � J�J a t7z 2�cnI Iw � W TTO'O ° - wp„iL CL ^ O Z c = Z o aY ewO V s Y ` Q Z�h o - Z L -a� 0 v .rC C v O O u Z2 CL t3N 1° Z% IS 10 10 cull- � a, L O O C 7 YI � L'... O � .J v •D �'�/ 1rc �uyV LVVj O't r u zo C O° a. 4 Q rn V ON L O v c N 9I� N C Y y„ P� ^ V r .. � O C O z o a Oy vu Y0PCu YG C°O'VY O T CL S S c E °] p O Q O O] 7 ° O n u t•- c 0 S � n ,. � c �7 S c v e$ 5 E L S o v 0 t N r� N Z* EXHIBIT B-4 O V W 101! _ .. �k'��' Y'' �� ,�:v .,.. .... _... __. .. ... ..�. � .-5r. .�.�.. �i..:'}+.'� � -. ii. �..� .:2•-. �-�.. �..._. ...... - 3�+.e�r.��:. F'�,+._.?T'r"� �'^' --__.. �. { Easement Exhib it 271300 r K r City of Otsego PROPOSED 78T11 STREET N. E. ; #272100 i #27 100 i 1 j_-140 FT. TEMPORARY I I I EASEMENT I 1,140 FT. TEMPORARY 40t t 401 i EASEMENT 10 r 160 FT. TEMPORARY�— ' EASETAENT ,, 60 FT. TEMPORARY + z ++ EASEMENT #272100 _ } Z Nartl, fens dr wt /2 z �I�. #L7�7 ( (� \ a a a L � `�-JV ur SWI/4 of NEI/4 `o � 1 N #271300 #2 1400 7- in A A permanent easemcnl for road and utility purposes over, under and across the North 40.00 Net of the West Hult or the Southwest Quarter of the NorthaosL Quartan of Section 27, Township 121, Runge 23, %-fight County, Minnaautu. A temporary easement for construction purposes over, under and across the Sooth 60.00 feet of the North 100.00 t—L or the West Halt at the Southwest Quurter of the Northeast Quarter of Scctlun 27. Township 121, Runge 23, 'Might County, Minnesota. The 40.00 fool pamancnl cosement for the proposed road contains 26,567 sq.lt. U.61 saes The Temporary construction easement contains 39.1141 sq.ft. 0.91 acres Said temporary easement to expire on �j;j�f�f�� e�eaaxrr m.se.x:naa ...,aw, JSYL:�b:J avorweur rw�e ++a unrn t..x..aHr 200 100 0 20``0 SCALE IN FEET �rr+oo a. cwt Ha A�nsQon Easement Exhibit swl ■�■. Inc ro� Rxu rte..+ a awa.e,lra�- City of Otsego f y t Y M l L re. ±•r eu� y� (14/14199 not to ants —v H to 01 Easement Exhibit 272400 K r City of Otsego r Y #27 100 1,140 FT. TEIAPCRARY I__EAS t I FT. TEMPORARY 40+ EASEMENT a 40 ENT140 40, 1 PROPOSED 78TH STREET N.E. _ 40 40 ----- � _— i40 � \ 160 'EASEMENT FT. TEMPORARY 1 --- 1 60 FT. TEMPORARY I W i _ north tin. of E 1/2 i Y EASEMENT #272100 tJi a or+ I at SEI/4 of wl/4-" � W Z v#2 i 1300 _ :1v,,,,#272400 y]; 2 1400 o o ,-, h A permanent e03ement for road and utlllly purposes over. undcr and across the North 40.00 feet of the East Balt of the Southeast Quarter of the Northwest Quarter of Sccllon 27, Townynip 121, Runge 23, might County, Mlnnesotu. A temporary easement for construction purposes over, under and ucross the South 60 feel of the North 100.00 leut of the East Half of the Southeast Ouorter of the Northwest Ouurler of Saction 27, Township 121. Honge 23. Wright County, Minnesota. The 40.00 fool permanent casement tur the prupuseo road cuntwns 26.441 sq.lt. 0.61 ores The Temporary c01113lrucllon ausement ,:untows 59,649 aq.11. 091 acres Said temporary aosemcnl to axplra on ---- .--- ._______.___ L'/lU1LL/d 4b'O.xMT W411R�GIYi� 4iWH� �� rw.«ar ao.a ..e unnr r.yawt I 200 100 0 200 SCALE IN FEET Ha ancon Eoaament E%h1011 1 .. �� Ann ioa Asps. nc �+„ _.. • City of Otsego J iii i Am= OW � 'A" IY n.. t a.rrt e.. +era 60 04/14/1111 1 u a stet) vnt]7 r Easement Exhibit 272100 r pf r Y Z 2 O O I W Z Z o 6 e u ' C = a #272100 I, f --South lino of NEI/4 of NWl/4 1 140 Klmditx Y". City of Otsego 1,140 FT. TEMPORARY EASEMENT )POSED 78TH STREET N. E. Apermanent easement for rood and utility purposes over, under and across the south 40.00 fact of the Northeast Quarter of the Northwest Quarter of Section 27, Township 121, Range 23, Wright County, Minnesota. AND The North 40.00 feat of the West Holt of the Southeast Quorter of the Northwest Quarter of Section 27, Township 121, Range 23, Wright County, Minnesota. A temporary agecment for construction purposes over, under on() across the north 14000 tcet of We south 18000 Icct of the Northeast Quarter of the Northwest Quarter of Section 27, Townbmp 121. Range 23, Wrignl County. Minnesota. AND The South 60.00 feet of the North 100.00 fool of the 'Nest Holt of the Southoust Quurter of the Northwest Ouw tui of Section 27, Township 121, Range 23, 'hrignt County, Minnesota. The 40.00 foot permanent easement for the proposed rood contains 79,335 sq.rt. 1.82 acres The Temporary construction easement contains 224.676 sq.tt. 5.16 ocres Said temporary easement to expire on _ �� w.auar oo.sauem� [.rnewt �`Z`'•L wew.wr,t saw »o olein rw:wwr 60 FT. TEMPORARY EASEMENT #2 71300 I 200 100 0 200 SCAB IN FEET #271100 I 140 #271400 �17j1m.PYG OAR RIMS" -North line of W 1/2- Ha a�nycpon ' ■■■ Ma In Ai�C. nC a y• am �� fw.ti .. w er for Easement Exhibit roe City of Otsego Nzr of SEI/4 of NWl/♦ wr R" 60 Ff. TEMPORARY EASEMENT #i #272100 a:_ I WX or 14 WFIR area #272400 ivy I f . Klmditx Y". City of Otsego 1,140 FT. TEMPORARY EASEMENT )POSED 78TH STREET N. E. Apermanent easement for rood and utility purposes over, under and across the south 40.00 fact of the Northeast Quarter of the Northwest Quarter of Section 27, Township 121, Range 23, Wright County, Minnesota. AND The North 40.00 feat of the West Holt of the Southeast Quorter of the Northwest Quarter of Section 27, Township 121, Range 23, Wright County, Minnesota. A temporary agecment for construction purposes over, under on() across the north 14000 tcet of We south 18000 Icct of the Northeast Quarter of the Northwest Quarter of Section 27, Townbmp 121. Range 23, Wrignl County. Minnesota. AND The South 60.00 feet of the North 100.00 fool of the 'Nest Holt of the Southoust Quurter of the Northwest Ouw tui of Section 27, Township 121, Range 23, 'hrignt County, Minnesota. The 40.00 foot permanent easement for the proposed rood contains 79,335 sq.rt. 1.82 acres The Temporary construction easement contains 224.676 sq.tt. 5.16 ocres Said temporary easement to expire on _ �� w.auar oo.sauem� [.rnewt �`Z`'•L wew.wr,t saw »o olein rw:wwr 60 FT. TEMPORARY EASEMENT #2 71300 I 200 100 0 200 SCAB IN FEET #271100 I 140 #271400 �17j1m.PYG OAR RIMS" Mar ,w Ha a�nycpon ' ■■■ Ma In Ai�C. nC a y• am �� fw.ti .. w er for Easement Exhibit roe City of Otsego SIM 1 1 v 01 - wr R" I WX or 14 WFIR area 1:11. List of property owners. C1TY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION AUTHORIZING PROCUREMENT OF PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS AND OTHER LANDS BY EMINENT DOMAIN FOR CERTAIN ROAD, WATER, STORM SEWER, SANITARY SEWER AND DRAINAGE IMPROVEMENTS WHEREAS, the City of Otsego proposes to construct and improve a new street to be known as 78th Street; and WHEREAS, the project consists of constructing road, water, storm sewer, sanitary sewer and drainage improvements; and WHEREAS, certain permanent roadway easements, drainage and utility easements, land parcels, and temporary construction easements are required to construct said 78th Street as set forth on Exhibit A hereto attached; and WHEREAS, the City has authority to acquire said land parcels and easements by eminent domain pursuant to Minn. Stat. 117.011 and 117.042; and WHEREAS, the City has the right to acquire the easements prior to the filing of an award by the court appointed Commissioners, pursuant to Minn. Stat. 117.011 and 117.042; and WHEREAS, the land over which said permanent roadway easements, utility and drainage easements, separate parcels, and temporary easements are required is owned by the following persons (See Exhibit A); and WHEREAS, the following have an interest in said lands (See Exhibit B); and WHEREAS, the City has taken steps to negotiate acquisition of said easements and parcels; and WHEREAS, as of this date, the City has been unable to successfully negotiate the acquisition of the required easements and land parcels; and WHEREAS, the City or its designated agent or representative will proceed to make offers to affected land owners based upon appraisals ordered by the City prior to service of Notice of Intent to Take Possession and filing of a petition in Eminent Domain. NOW THEREFORE BE IT RESOLVED, that the City of Otsego City Council hereby authorizes the acquisition of said land by eminent domain and to take title and possession of that land prior to the filing of an award by the Court appointed Commissioners, pursuant to Minn. Stat. 163.02, Subd. 2,117.011 and 117.042; and BE IT FURTHER RESOLVED, that prior to filing of a petition that offers based upon City ordered appraisals shall be presented to all affected property owners; and BE IT FURTHER RESOLVED, that the City Attorney is requested- to prepare and file the necessary Petition, and to prosecute such action to a successful conclusion or until it is abandoned, dismissed, or terminated by the City or the Court Motion to adopt this Resolution made by this INFAVOR: OPPOSED: ATTEST: Elaine Beatty City Clerk and seconded by Council Member day of , 1999. CITY OF OTSEGO Larry Fournier Mayor 05-06-1999 12:12PM FROM Court & MacArthur TO bfchael C. Couri• CO URI & MACARMUR Andrew J. MacAirhur Avo►nc)v ar Law Marcus W. ArdUr 705 Central A.emae EW PO Bas 369 •+Lm Gemued fn Ilmwv A Miduid, MN 55376-W69 (612) 497-1934 (612) 497-2599 (FAX) wuriandmacm7hmrCpoboz com May 6, 1999 City Council Members City of Otsego c/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55336 RE: Resolution Authorizing Eminent Domain- 78h Street Dear Council Members: 4418823 P.02 Please f ud enclosed :.`a proposed resolution authorizing commencement of eminent domain proceedings for the proposed 78`h Street. I have not attached the exhibits. They will be provided at the meeting on Monday. i I will also provide you with a resolution for plans and specifications relative to the Hall's Addition overlay project. Very yours, Andrew J_,MacArthur ' COURI & M-ACARTHUR Encl. cc: John Harwood, Hakanson Anderson Dan Licht, NAC 05-06-1999 12:12PM FROM Couri & MacArthur TO 4418823 P.03 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF NHNNESOTA RESOLUTION NO. 99 - RESOLUTION AUTHOR UNG PROCUREN(ENT OF PERMANENT EASEMENTS FOR ROADWAY, STORM WATER DRAINAGE,, SANITARY SEWER, WATER, AND UTUITY PURPOSES, ALONG WITH NECESSARY TEMPORARY CONSTRUCTION EASEMENTS FOR 78' STREET AND PORTIONS OF QUADAY AVENUE WHEREAS, the Cityiof Otsego has initiated a feasibility study for construction of 78':Street and portions of Quaday avenue within the City in order to better serve lands recently proposed for subdivision approval and in order to improve the City's transportation system; and WHEREAS, the City has ordered and approved plans and specifications for the establishment of a City sanitary sewer collector system, water system, and facilities to hold and deliver water service; and WHEREAS, the City has approved a feasibility study for the construction of 78'b Street and portions of Quaday Avenue; and WHEREAS, additional easements for purposes of road right-of-way, storm drainage, sanitary sewer, water, and utilities, as well as temporary construction easements will need to be acquired; and WHEREAS, the general location of all necessary permanent easements, and temporary construction easement's is set forth on attached Exhibit A; and WHEREAS, the various takings are legally described by individual parcels and graphically depicted on attached Exhibit B; and WHEREAS, the construction of all of the above described facilities constitutes a public purpose; and WHEREAS% the City has authority to acquire said land and easements by eminent domain pursuant to Minn. Stat. 117.011 and 117.042; and WREAS, the City has the right to acquire the land and easements prior to the fling of an 05-06-1999 12:13PM FROM Couri & MacArthur TO 4418823 P.04 award by the court appointed commissioners, pursuant to Mizen. Stat 117.011 and 117.042; and WHEREAS, the land upon which the facilities will be constricted is owned by the following persons listed on attached Exhn`bit C; and WIEREAS, pursuant to its adopted policy, the City will first make offers, based upon appraisal information,'to affected property owners, or will require dedication of the necessary easements within the platting process, if completed prior to commencement of construction of the roadway and improvements; and will provide said owners a reasonable amount of time to respond. In the event that negotiated acquisition of the property interests cannot be achieved, the City will proceed with eminent domain in order to insure timely construction of the above mentioned projects. NOW TEOEREFORE BE rT RESOLVED, that the Otsego City Council hereby authorizes the acquisition of said land and permanent and temporary easements as described on attached Exhibit C through eminent domain; and to take title and possession of that land prior to the filing of an award by' the Court appointed commissioners, pursuant to Minn. Stat 163.02, Subd. 2, 117.011 and 117.042; and BE IT FURT"DER RJ',SOLVED, that construction of the various facilities as set forth herein constitutes a public pui se; and BE rr FURTHER RESOLVED, that the City attorney is requested to file the necessary petition therefor, and to prosecute such action to a successful conclusion or until it is abandoned, dismissed; or terrainated by the City or the Court. The City will simultaneously seek to negotiate the acquisition of the described land and permanent and temporary easements. Motion to adopt this resolution made by and seconded by . this day of .1999. N FAVOR.- OPPOSED: AVOR: OPPOSED: CITY OF OTSEGO Larry Fournier Mayor 2 05-06-1999 12:13PM FROM Couri & MacArthur ATTEST Maine Beatty City Clerk 3 TO 4418823 P.05 TOTAL P.05 05-06-1999 12:12PM FROM Couri & MacArthur TO 441e823 P.02 3ffdugd C. cowi- COURT & MACARMUR Andrew J. MacArthur' A"Wr fit L4W Marcus W. 2water 7W Central Avaum FAM PO B= 369 *AL= LwMlai in IISWW Michad, MN 55376-WdP (612) 497-1930 (612) 4972599 (FAX) cowiandmacxihurGpobo-r- com May 6, 1999 City Council Members City of Otsego c/o Elaine Beatty, City Clerk 8899 Nashua Avenu.6 NE Elk River, MN 55336 RE: Resolution Autborizing Eminent Domain- 78" Street Dear Council Members: Please fiord enclosed 4 proposed resolution authorizing commencement of eminent domain proceedings for the proposed 78'h Street. I have not attached the exhibits. They will be provided at the meeting on Monday. i I will also provide you with a resolution for plans and specifications relative to the Hall's Addition overlay project. VeryS.yours, An&'e"w J.,MficArth-if 'COURI & MACARTHUR Encl. cc: John Harwood, Ijakanson Anderson Dan Licht, NAC 4 05-06-1999 12:12PM FROM Couri & MacArthur TO 441ee23 P.03 CITY OF OTSEGO COUN'T'Y OF NMGH T STATE OF MINNESOTA RESOLUT10N NO. 99- RF.SOLLMON AUTHORMNG PROCUREMENT OF PERMANENT EASEMENTS FOR ROADWAY, STORM WATER DRAINAGE., SANITARY SEWER, WATEP, AND UTA.ITY PURPOSES, ALONG WITH NECESSARY TEMIPORARYtONSTRUCTION EASEMENTS FOR 78' STREET AND PORTIONS OF QUADAY AVENUE WHEREAS, the Citylof Otsego has initiated a feasibility study for construction of 78* Street and portions of Quaday avenge within the City in order to better serve lands recenfly proposed for subdivision approval and in order to improve the City's transportation system; and WU REAS, the City has ordered and approved plans and specifications for the establishment of a City sanitary sewer collector system, water system, and facilities to hold and deliver water service; and WHEREAS, the City has approved a feasibility study for the construction of 78' Street and portions of Quaday Avenue; and WHEREAS, additional easements for purposes of road right -of --way, storm drainage, sanitary sewer, water, and utilities, as well as temporary construction easements will need to be acquired; and WHEREAS, the general location of all necessary permanent easements, and temporary construction easements is set forth on attached Exhibit A,; and WHEREAS, the various takings are legally described by individual parcels and graphically depicted on attached Exhibit B; and WHEREAS, the construction of all of the above descn`bed facilities constitutes a public purpose; and WAS, the City has authority to acquire said land and easements by eminent domain pursuant to Minn. Stat 117.011 and 117.042; and WHEREAS, the City has the right to acquire the land and easements prior to the filing of an 05-06-1999 12:13PM FROM Couri & MacArthur TO 4418823 P.04 award by the court appointed commissioners, pursuant to Minn. Stat 117.011 and 117.042; and WIffREAS, the land upon which the facilities will be constructed is owned by the following persons listed on attached Exhibit C; and WHEREAS, pursuant to its adopted policy, the City will first make offers, based upon appraisal information, 'to affected property owners, or will require dedication of the necessary easements within the platting process, if completed prior to commencement of construction of the roadway and improvements; and will provide said owners a reasonable amount of time to respond In the event that negotiated acquisition of the property interests cannot be achieved, the City will proceed with eminent domain in order to insure timely construction of the above mentioned projects. NOW THEREFORE BE IT RESOLVED, that the Otsego City Council hereby authorizes the acquisition of said `land and permanent and temporary easements as described on attached Exhibit C through eminent domain; and to take title and possession of that land prion to the filing of an award by, the Court appointed commissioners, pursuant to Minn. Stat 163.02, Subd. 2,117.011 and 117.042; and BE IT FURTHER RESOLVED, that construction of the various facilities as set forth herein constitutes a public pupose; and BE IT FURTHER RESOLVED, that the City attorney is requested to file the necessary petition therefor, and to prosecute such action to a successful conclusion or untU it is abandoned, dismissed; or tenninated by the City or the Court The City will simultaneously seek to negotiate the acquisition of the described land and permanent and temporary easements. Motion to adopt this resolution made by and seconded by , this day of 1999. IN FAVOR: OPPOSED: CI'T'Y OF OTSEGO Larry Fournier Mayor 2 05-06-1999 12:13PM FROM Couri & MacArthur ATTEST Elaine Beatty aty ack TO 4418823 P.05 TOTAL P.05 MEMO Date: April 26, 1999 To: Mayor & Council From: City Administrator Mike Robertson Re: EDAAC Meeting - Requested actions The EDAAC met last Wednesday, April 21, 1999. They appointed Leroy Lindenfelser as Chair, Rudy Thibodeau as Vice -Chair, and Steve Ackermann as Secretary. They requested the following actions; 1) Set up a quarterly meeting with Council. There was discussion of how long this meeting needed to be and whether it should be at a Council meeting or at an EDAAC meeting. The suggestion was to set the first meeting at 6:00 the night of a Council meeting to see if that is enough time. 2) Leroy Lindenfelser and Rudy Thibodeau had been re -appointed by Council until the end of April, 1999. Their appointments need to be extended. cc: City Staff 12 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: 9 COUNCIL ITEMS: Elaine Beatty, City Clerk/ May 10, 1999 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 9.2. Mike Robertson, City Administrator - Update: A. Community Recreation Agreement B. Administrative Computer Purchase C. Set Slabtown Meeting D. Discussion of Developer Applications 9.6. Closed Meeting on Attorney Client Privilege to Discuss Pending Condemnation Litigation. BACKGROUND: A. Mike Robertson will be here to explain this and answer questions. B. See attached information Re: Adm. Computer Purchase C. Attached is information Re: Slabtown D. Mike will explain and get consensus from Council. 9.6. See attached information from Mike Robertson. RECOMMENDATION: This is for Council consideration and approval needed. Thanks, Elaine MEMO Date: May 5, 1999 To: Mayor & Council From: City Administrator Mike Robertson Re: Administrative Computer Purchase At the last Council meeting I discussed the problems I had been having with my computer and Judy had been having with the laptop computer in the Council chambers. I have several options to suggest to resolve this. All of the costs for these options would come from the Capital Equipment Fund. That fund currently has more than enough money for any of these options. OPTION #1. We have a quote (Enclosed) from Rob Snavely of Softronics for this option. It would involve; A) Purchasing a new computer for Mike; B) Moving Mike's old computer into the Council chambers; C) Discarding the laptop computer currently in the Council chambers; D) Purchasing and installing Windows 95 software for the new Council chambers computer and the front counter computer so that they can both be accessed by our network; E) Purchasing a new printer for the counter computer. The cost of this option would be $1,634.78. OPTION #2. We have a quote (Enclosed) from Rob Snavely of Softronics which I have modified for this option. It would involve; A) Purchasing a new computer for Mike; B) Combining the good parts of Mike's old computer and Elaine's old computer into one (hopefully) good computer and moving it into the Council chambers; C) Rob's time to put the two old computers together; /oftrronocy P.O. NUMBER: QUOTATION 6922 River Road 6197 DATE: 4/26/1999 Ells River, hIN 55330-6444 VALID THRU: 5/26/1999 TERMS: Net 30 (612) 441-8332, (612) 441-7905 PROJECT: General - 64 MB RAM, 512 KB Cache ESTIMATE FOR: City of Otsego 8899 Nashua Ave. NE Otsego, NI 1 55330 4�1 %�' C) n -'-� / QUAN DESCRIPTION PRICE EACH AMOUNT 1 Mike's System 1,170.00 1,170AOT 330 MHz Pentium Computer System: - 64 MB RAM, 512 KB Cache - 4.3 GB HDD - 4OX CD-ROM - 1.44 MB FDD - 15", Digital, Flat Screen, SVGA, PnP Monitor - AGP Video card with 8 MB RAM - 3D Sound card with Speakers - Ports: 2 Ser, 1 Par, 1 Game, 2 USB - Win -98, keyboard, mouse - ATX mid tower case with high wattage P/S 2 ------ Council & Desktop Systems 95.00 190.00T WIN -95 Operating System NOTE: I propose that we move Mike's system into the council room and put WIN -95 on it. This would replace the laptop system. (WIN -98 will not work on this system because that requires a system operating at 66MHz minimum). We can do the same with the countertop system to bring them all up to date. 1 Epson inkjet printer (for counter system) 175.00 175.00T MN State Sales Tax 6.50% 99.78 THANK YOU! Total $1,634.78 1 finance charge of 1.5% (18% APR) is charged on balances that are 30 days past due. Softronics provides support for the hardware and software supplied, but will only provide support for customer added items for a fee. X. ;: 6922 Riva Road Elk River. NIN 55330-6444 (612) 441-8332. (612) 441.7905 ESTIMATE FOR: City of Otsego 8899 Nashua Ave. NE Otsego, MN 55330 P.O. NUMBER: DESCRIPTION QUOTATION DATE: 4/26/1999 1 Mike's System 1,170.00 1,170.00T 6197 VALID THRU: 5/26/1999 TERMS: Net 30 - 64 MB RAM, 512 KB Cache PROJECT: General of 41 --�L 0-� QUAN DESCRIPTION PRICE EACH AMOUNT 1 Mike's System 1,170.00 1,170.00T 330 MHz Pentium Computer System: - 64 MB RAM, 512 KB Cache -4.3GBHDD - 40X CD-ROM QD� 15 - 1.44 MB FDD 1l/00 - 15", Digital, Flat Screen, SVGA, PnP Monitor p - AGP Video card with 8 MB RAM l C� l i m - 3D Sound card with Speakers - Ports: 2 Ser, 1 Par, 1 Game, 2 USB - Win -98, keyboard, mouse - ATX mid tower case with high wattage P/S Council & Desktop Systems ---- 95.00 WIN -95 Operating System co NOTE: I propose that we move Mike's system into the council room and put WIN -95 on it. This would replace the laptop system. (WIN -98 will not work on this system because that requires a system operating at 66MHz minimum). We can do the same with the countertop system to bring them all up to date. 1 Epson inkjet printer (for counter system) 175.00 175.00T MN State Sales Tax 6.50% /CO3./0 THANK YOU! Total -7 =$4--� 1 6 Yo /G , finance charge of 1.5% (18% APR) is charged on balances that are 30 days past due. J .;oftronics provides support for the hardware and software supplied, but will only provide support for customer added items for a fee. / Date: May 3, 1999 To: Mayor & Council From: City Administrator Mike Robertson Re: Meeting with Otsego "Slabtown" residents On Thursday, April 29 I meet with three of the four residents of the Otsego "Slabtown" neighborhood. The meeting was to discuss their residents interest in having sanitary sewer provided to their properties since Dayton is planning to run sewer right by their lots. Dayton's City Engineer Mark Hanson was present to answer any questions residents had regarding Dayton's project. Bruce & Nancy McAlpine, 6169 Richardson Lane - They were opposed to the project. At the same time, Bruce said that they might be foolish to not consider hooking up while they have the chance. Their septic system is approximately 24 years old so it might not comply with current code. Bruce is a well driller so he had a lot of engineering design related questions for the City Engineer. Bruce had two main objections; 1) He was upset that when Dayton "Slabtown" residents had petitioned the Dayton Council to extend sewer to their area that no one had consulted him about it. 2) He thought that connecting his house to sewer would cost him more than the cost of building a new septic system. Dave Mason/Clare Brauch, 17950 62nd Lane - They want sewer. They have a failing septic system and have been told by a septic installer that they do not have enough room to install another regular septic system. Consequently they would have to install an experimental septic system. They would like sewer as soon as possible. Rick Grupa, Elk River resident - Their parents own approximately 13 aces with one house on it. They are ambivalent about sewer. What they really want SONESTR00 ROSENE ANDERLIK Z Pl V Ile. Na o Ix C3 O 0 0 3AV NOVV3 ro O 6516361311 04/21/99 09:07 [5 :03/03 NO:777 O � �qq (OtOt4) Of a Off. lnJ D ,� a of N 00 �¢ Y 0 0 0o, J CL u 0 ane 2131XV8 eq a v o�1 O�� 06�J Se N a (OtOt4) Of a Off. lnJ ,� a of N 00 �¢ 0 U 0o, J u ane 2131XV8 o�1 O�� 06�J Se N O o _a r0 OSO�c' ;90 sC'J (0 t 0 t } fir-' -�• � • �3/1d NOSQJVI•I 18 M W A CLAIMS LIST CITY COUNCIL MEETING May 10, 1999 TO: City Council Attached is the Claims List for your consideration. The grand total you are considering is as follows: Batch 05-10-99 $ 120,754.01 GRAND TOTAL $ 120,754.01 If you have any questions or if you would like to review this list further, please let me know. Judy Hudson Deputy Clerk/Treasurer 5 May 1999 Clams list Page 1 Wed 9:40 AM CITY OF OTSEGO Name Batch Name 051099 AT&T AT&T AT&T BEST DISPOSAL SERVICE BOISE CASCADE OFFICE PRODUCTS BOISE CASCADE OFFICE PRODUCTS BONESTR00 ROSENE ANDERLIK CITY OF ELK RIVER COLLEGIATE PACIFIC CONSTRUCTION BULLETIN CORROW TRUCKING DON'S BAKERY DON'S BAKERY OUERRS WATERCARE SERVICE ECM PUBLISHERS INC ELK RIVER MUNICIPAL UTILITIES ELK RIVER MUNICIPAL UTILITIES k ELK RIVER MUNICIPAL UTILITIES ELK RIVER MUNICIPAL UTILITIES ELK RIVER MUNICIPAL UTILITIES ELK RIVER MUNICIPAL UTILITIES ELK RIVER MUNICIPAL UTILITIES ELK RIVER MUNICIPAL UTILITIES ELK RIVER MUNICIPAL UTILITIES ELK RIVER MUNICIPAL UTILITIES ELK RIVER MUNICIPAL UTILITIES ELK RIVER MUNICIPAL UTILITIES ELK RIVER MUNICIPAL UTILITIES ELK RIVER MUNICIPAL UTILITIES ELK RIVER MUNICIPAL UTILITIES EVERGREEN LAND SERVICES CO EVERGREEN LAND SERVICES CO FORTIS BENEFITS INSURANCE CO FORTIS BENEFITS INSURANCE CO ICMA RETIREMENT TRUST ICMA RETIREMENT TRUST JERRY OLSON JERRY OLSON LITTLE FALLS MACHINE LONG & SONS MAMA MARVIN & LOU ANN BOULEY MARVIN & LOU ANN BOULEY MARVIN & MARYANN REICH MARVIN & MARYANN REICH MARVIN & MARYANN REICH MINNEGASCO MINNEGASCO MINNESOTA COPY SYSTEMS Dept Description Administration Hwys, Streets, & Roads Culture and Rec (GENERAL) Recycling Administration Administration Sanitary Sewer Construction Fire Protection Park Improvements Sanitary Sewer Construction Recycling Administration Administration Hwys, Streets, & Roads Administration Street Lighting Street Lighting Street Lighting Street Lighting Street lighting Street Lighting Street Lighting Street Lighting Street Lighting Street Lighting Street Lighting Street Lighting Street Lighting Old Town Hall Hwys, Streets, & Roads Hwys, Streets, & Roads Sanitary Sewer Construction Administration Hwys, Streets, & Roads Administration Code Enforcement Building Inspections Hwys, Streets, & Roads General Govt Buildings -8899 Administration Sanitary Sewer Construction Sanitary Sewer Construction Sanitary Sewer Construction Sanitary Sewer Construction Sanitary Sewer Construction Old Town Hall General Govt Buildings -8899 Administration Comments Phone Phone Phone Recycling Office Supplies Office Supplies Eng for Construction Sery 1999 Fire Contract Bleacher and Bench Advertising of Bids recycling Clean Up Day Public Hearing Overlay Water Public Notices 96th St Light 94th & Nashua Light Parrish & 88th Light 101 & 130 St Light 85th & Parrish Light Cnty Rd 39 lights OH Lights 42/Parrish Flashers 42/Parrish 39 & Nashua lights Country Ridge lights Antelope Park lights 39 & Page St lights Traffic signal Old Town Hall Shop ROW for Odean Avenue ROW for Sewer & Water STD STD PPE 4/17/99 PPE 4/17/99 April Services April Services Parts for Grader April Cleaning Meeting of April 15 1999 Fence/damages Easement settlement Easement settlement Brickwall Starter pines Old Town Hall Service City Hall Service 2-25 thru 4-24 Copier Transaction Batch Amount Name 1.07 051099 2.30 051099 2.25 051099 106.25 051099 223.04 051099 34.06 051099 22,452.07 051099 55,043.83 051099 1,963.50 051099 204.45 051099 1,456.25 051099 44.36 051099 21.00 051099 29.25 051099 1,104.51 051099 39.41 051099 7.77 051099 12.78 051099 16.93 051099 12.78 051099 32.38 051099 33.55 051099 28.00 051099 12.78 051099 46.65 051099 62.20 051099 7.99 051099 258.72 051099 130.62 051099 48.53 051099 1,144.00 051099 2,050.82 051099 53.69 051099 27.00 051099 422.39 051099 192.31 051099 500.00 051099 4,230.24 051099 33.87 051099 612.15 051099 16.00 051099 11000.00 051099 1,587.00 051099 5,286.00 051099 11000.00 051099 75.00 051099 11.56 051099 377.13 051099 342.54 051099 5 May 1999 Claims List Page 2 Wed 9:40 AM CITY OF OTSEGO Dept Name Description Comments Transaction Batch Amount Name Batch Name 051099 MINNESOTA MUTUAL Hwys, Streets, 6 Roads Life 29.60 051099 MINNESOTA MUTUAL Administration Life 26.85 051099 PENTESPLAY Parks Maintenance Steel Net 38.06 051099 PITNEY BOWES Administration 22.70 051099 PRECISION FRAME & ALIGNMENT Hwys, Streets, & Roads Towing pickup truck 31.95 051099 PUBLIC EMPLOYEES RETIREMENT FO PPE 4/17/99 277.28 051099 PUBLIC EMPLOYEES RETIREMENT FD Administration PPE 4/17/99 153.53 051099 PUBLIC EMPLOYEES RETIREMENT FD Hwys, Streets, & Roads PPE 4/17/99 148.86 051099 RANDY'S SANITATION Recycling Recycling 257.50 051099 ROBERT JOCHUM Damage Deposit Refund 400.00 051099 ROBERT JOCHUM Less Bldg Super Hours -20.00 051099 STATE CAPITAL CREDIT UNION Act 141923 C Olson 50.00 051099 STEPHEN CONROY, ATTORNEY Code Enforcement Enforcement of Ord 263.38 051099 SUPERIOR LAWN 3 SNOW Parks Maintenance Lawn Service 889.28 051099 SUSAN NELSON Damage Deposit Refund 200.00 051099 SUSAN NELSON Less Bldg Super Hours -90.00 051099 f T & S TRUCKING BUFFALO INC Hwys, Streets, & Roads Street Sweeping 2,800.00 051099 TARGET STORES Hwys, Streets, & Roads Supplies 36.82 051099 US WEST COMMUNICATIONS Hwys, Streets, & Roads Phone 62.02 051099 t US WEST COMMUNICATIONS Culture and Rec (GENERAL) Phone 36.64 051099 US WEST COMMUNICATIONS Administration Phone 374.48 051099 WRIGHT COUNTY AUDITOR -TREASURE Police -Contracted Sheriff services May 10,626.88 051099 WRIGHT COUNTY HIGHWAY DEPT Hwys, Streets, 6 Roads Sand and Salt 629.38 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting 72nd St NE 11.76 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting 72nd St NE/Olean 11.76 051099 ` WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting 72nd St NE 11.76 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting 71st St NE 11.76 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting Ogren St Light 11.76 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting Parrell Ave 7.02 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting Odell Circle 11.76 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting Palmgren 7.89 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting Palmgren 7.89 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting Palmgren 7.02 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting Lannen 11.76 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting Signal Light 158.00 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting Parrell Ave 7.89 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting Parrell Ave 7.02 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting Oday Cr NE 11.76 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting City Hall St Light 7.02 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting Ogren St Light 11.76 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting Ogren St Light/71st 11.76 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting 37 & Odean west 7.89 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting 37 6 Odean east 7.89 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting Shed 23.36 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Water Utilities (GENERAL) Well 22.39 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC General Govt Buildings -8899 City Hall 542.99 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting Rolling Ridge Creek 11.76 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting Ouaday & 42nd Siren 8.85 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting Rolling Ridge Creek 11.76 051099 5 May 1999 Wed 9:40 AM Dept Name Description Batch Name 051099 WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting Grand Total Claims List Page 3 CITY OF OTSEGO Transaction Batch Comments Amount Name 83 Cul de Sac 7.02 051099 Heritage Hills 11.76 051099 Heritage Hills 11.76 051099 Heritage Hills 11.76 051099 Heritage Hills 11.76 051099 Heritage Hills 11.76 051099 Heritage Hills 11.76 051099 120,754.01 6 May 1999 Claims List Page 1 Thu 3:11 PM CITY OF OTSEGO Grand Total Transaction Batch Amount Name 10,002.00 050699 6,387.00 050699 1,500.00 050699 80.00 050699 5,907.00 050699 23,876.00 Dept Name Description Comments Batch Name 050699 BOULEY LIVING TRUST Sanitary Sewer Construction Land Purchase BOULEY LIVING TRUST Sanitary Sewer Construction Severance damages BUIRGE, ANTHONY & LEAH Sanitary Sewer Construction Easement purchase MINNESOTA HISTORICAL SOCIETY Heritage Preservation Comm Confer Swenson/Nichols SCOTT 6 MICHELE THOMPSON Sanitary Sewer Construction Easement purchase Grand Total Transaction Batch Amount Name 10,002.00 050699 6,387.00 050699 1,500.00 050699 80.00 050699 5,907.00 050699 23,876.00 6 May 1999 Claims List Page 1 Thu 3:11 PM CITY OF OTSEGO Grand Total Transaction Batch Amount Name 10,002.00 050699 6,387.00 050699 1,500.00 050699 80.00 050699 5,907.00 050699 23,876.00 Dept Name Description Consents Batch Name 050699 BOULEY LIVING TRUST Sanitary Sewer Construction Land Purchase 8OULEY LIVING TRUST Sanitary Sewer Construction Severance damages BUIRGE, ANTHONY & LEAH Sanitary Sewer Construction Easement purchase MINNESOTA HISTORICAL SOCIETY Heritage Preservation Comm Confer Swenson/Nichols SCOTT & MICHELE THOMPSON Sanitary Sewer Construction Easement purchase Grand Total Transaction Batch Amount Name 10,002.00 050699 6,387.00 050699 1,500.00 050699 80.00 050699 5,907.00 050699 23,876.00 i MEMO Date: May 5, 1999 To: Mayor & Council From: City Administrator Mike Robertson Re: Counter offer for Mary Dare property I have scheduled a closed meeting under attorney- client privilege for the Monday, May 10 Council meeting to discuss a City counter offer to purchase easement from Mary Dare for the installation of our sewer and water trunk lines. I have enclosed a copy of two maps which show the location of Mary Dare's land and the description of the easements we want. I have also enclosed a letter we received from Mary Dare's realtor. This letter was in response to our first offer to them. I met with Mary Dare's representatives Jim Ladner and Wally Klus a few weeks ago to discuss their counter offer. We had a very cordial conversation in which I told them that their offer was not acceptable. They indicated that they did not want to hold the sewer & water project up or go to condemnation, but at the same time, they wanted an offer that they would consider more fair. I told them I would bring their request to the City Council. The purpose of the closed meeting is for the Council to settle on a counter-offer to Mary Dare. cc: City Attorney 1 i i VO 1 1 I I iI ' I � 1 j � I _ doo N I CO CO C3 Q ICq C2 r o, I Clcq E I 8 � I _ - -- -- - --------- ---- tr I � �— '�--- — — — — i1------------------------- -- — ----� i arr �aoy uxnao I ---------------------------- -- --- --------------------{--------------- icor G l -J C14 I I 0 i t ' • I $ I I I i I 1 I I 1 I I 1 • 1 1 ■ ! 22-72 �*" City of Otseg *3 vice Drive N.E. _90th Street C. S. A. H. PE>t ANENT N0. 39 EASI MENT °p Block 1 I I � y c I I w #221101 011 202 #221203 #221204 �, n n _ INE 88th, Street ' I 4K, st Outlot A, MDR CHRIST LUTHERAN >f. at of the northerly 1253 feet of Outlot A. MDR 5.00feet of the west 155.00 feet Outlot A. MDR y 12.53 feet thereof. 5.00 feet of the west 145.00 feet of the northerly I #221100 OUTLOT d ® TEMPORARY CONSTRUCTION EASEMENT 4 PERMANENT UTILITY EASEMENT DATE REVISION JA SCALE * - 200' Cm HHakanson Anders9n Assoc. Inc >1„wyor. a Isr„w a0=ot-427-a=X 012--W-CM 107 /w : N. IWde� �9QJ02 FA1f Iaw2".=— ISM R SLD os� t JAH012-296-e000 9= QNE 04 MAR -30-99 TUE 11:07 EVERGREEN LANDSERVICES FAX N0, 9350862 P,02 W. W. Mus Realty, Inc. Commercial Real Estate Specialists Suite 112 • 5100 Eden Avenue + NVlinncapolis, MIN 55436 • (612) 922-2560 • FAX (612) 922-2927 March 10, 1999 Mr., Mark Storm Fax #(612)935-0862 Evergreen Land Services Co. 6110 Blue Circle Dive, Suite 140 Minnetonka, MN 55343 Re: City of Otsego Water & Sewer Project. Dear Mr. Storm, I am responding to correspondence from the City of Otsege to Mary Dare and your telephone conversation with Wally Klus relating to City Easements. Wally happens to be out of the city and he asked if I would contact you on the matter. The correspondence of January 18, 1999 advises Mary Dare that the City of Otsego is offering the sum of $4,488.00 to acquire: (a) . Acquire a permanent easement consisting of .43 acres (18,542 sq. ft.) a for utility purposes, (b) Obtain a temporary easement of 1.79 acres (77,813 sq. ft.) for construction which will not expire until November 15, 1999. These terms are totally not acceptable! Let me state our experience: 1. In 1994 The Bank of Elk River acquired the property adjacent to the parcel being discussed for $.87/ sq. ft. 2. In 1994 the Minnesota Department of Transportation acquired land just to the east of HiWay #101 for $.79/ sq. ft. (Temporary easement & loss in value to the remaining property costs added another $.25/sq. ft.) 3. In 1998, land not as desirable as the parcel being discussed was purchased from MNDOT for $.70/ sq. ft. MCA44 Member of e / international Council of Shopping Centers Site Selection Asset Mntfngement • Tnvcsunont Property Brokerage • Property Management MR-30-99 TUE 11:08 EVERGREEN LANDSERVICES FAX N0. 9350862 P,03 If we apply the average of the above actual figures and adjust for the intervening five years, the value to Mrs. Dare is: 18,542 sq. ft. X $.79/ sq. ft. _ $14,648.18 in 1994 dollars.. 77,813 sq. ft. X $.25/sq. ft. = $19.453.25 in 1994 dollars. Total $34,101.43 Changes in he Consumer Price Index by year 1994/1995 2.81% = $35,059.68 1995/1996 2.93% = $36,086.93 1996/1997 2.34% = $36,931.36 1997/1998 1.55% = $37,503.80 Your proposal not only takes the prime portion of the land for sale, in addition your construction timetable results in taking the land off of the market during the premium selling period for commercial property. The proposed terms are not acceptable as presented. We are willing to sit down with you to discuss a more reasonable offer to Mrs. Dare. Please advise us. as to your timing. Sincerely, Jame W. Ladner cC Ma ire