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09-11-95 CCCITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION ORIGINATING DEPT. MEETING DATE SPECIAL PRESENTATIONS FINANCE SEPTEMBER 11,1995 ITEM NO: ITEM DESCRIPTION PREPARED BY 4.1 DAN GREENE, PRESENTATION OF THE 1995/96 GENERAL LIABILITY INSURANCE PROPOSAL P.Boedigheimer The City's Comprehensive Municipal Property and Casualty Insurance Policy is due for renewal effective September 25, 1995. Dan Greene, First National Insurance has received quotes for the coverages necessary and as in years past, the League Of Minnesota Cities Insurance Trust has provide the best coverage at the best price. The following is a premium summary comparison for the last three policy years. COVERAGE 1995/1996 1994/1995 1993/1994 Property $ 2,339 $ 2,055 $ 2,191 Inland Marine 519 545 609 Municipal Liability 10,553 9,690 9,365 Automobile Liability 850 850 640 UMIUIM 55 55 inc. Auto Physical Damage 809 741 442 Crime 89 91 91 Bonds 355 381 381 Open Meeting Law 500 500 111(partial yr.) TOTAL $16,069 $14,908 $14,032 Workers Compensation 5,649 7,558 6,693 The renewal premium quote is based on a $500 deductible just as in the previous two years. The property limit has increased from $1,062,773 to $1,342,000 for this year. This increase includes the city well and an increase in values of approximately 4%, therefore the premium has increased approximately $300. The Municipal liability has increased $863 due to a general rate increase by the Insurance Trust. The League Of Minnesota Cities is now able to issue bond coverage as a part of its program this year. The new quote is written with the LMCIT under a blanket coverage. I requested that Dan Greene also provide a quote based on a $1000 deductible policy. Dan indicated that the premium would be reduced by approximately $987. This deductible is a per occurrence deductible, therefore, if there were two separate claims there would be two deductibles. To help in the decision process we reviewed the losses for the last four policy years. In the 91/92 year there were no claims, in the 92/93 year there was one loss at $390, in the 93/94 year there were no claims, and in the 94/95 year there is the possible lightning damage at the well. I would also like to point out the dividend advantage of the LMCIT. The City received a $1,415 dividend in 1994, a $880 dividend in 1993, and a $175 dividend in 1992. A dividend is also anticipated for 1995. I have also attached for your review the workers compensation renewal information page, with comparisons to last year's payroll, rates, premium and experience modification rate. The two major factors in the reduction of the workers compensation premium is the reclassification of clerical and elected officials and the experience modification reduction. The reclassification was also reflected in the workers compensation audit with a return premium of $1,419 for the 1994/1995 year. Mr. Dan Greene will be present to review the insurance proposal with you and answer any questions you may have regarding the City's proposed coverages and possible options, including the deductible increase. It is recommended that the City Council approve the proposed Comprehensive Municipal Property and Casualty Coverage as presented and to further consider the possibility of increasing the deductible to $1,000 per occurrence. Lez a of Minnesota Cities Insur. --e Trust Group Self -Insured Workers' Compensation Plan Workers' Compensation and Employers' Liability Agreement Administrator Berkley Administrators a member of the Berkley Risk Management Services Group P.O. Box 59143 Minneapolis, MN 55459-0143 Phone (612) 544-0311 Information Page RENEWAL 1. The "City" OTSEGO 8899 NASHUA AVE N E ELK RIVER MN 55330-0000 2. The Agreement period is from 12:01 a.m. 07/01 /1995 to 12:01 a.m address. Agreement No. 02-000875-4 "City" is: pty Joint Powers Entity Other (describe) 07/01/1996 at the "City's" 3. A. Workers' Compensation Coverage: Part One of the Agreement applies to the Workers' Compensation Law of any state of the United States of America and the District of Columbia. B. Employers Liability Coverage: Part Two of the Agreement applies to work in each state listed in item 3.A. The limits of our liability under Part Two are: Bodily Injury -Each Claimant $200,000. Bodily Injury -Each Occurrence $600,000. Bodily Injury by Disease -Agreement Limit $600,000. C. This Agreement includes these amendments and schedules: 1. Retro -rating option selected? NOT APPLICABLE 5. Elected Officials Covered? YES Boards and Commissions Covered (List) NONE 6. The premium for this Agreement will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All information required below is subject to verification and change by audit. PREMIUM BASIS ESTI- MATED TOTAL ANNUAL REMUNERATION RATES PER $100 OF REMUNERATION CODE NO. ENTRIES IN THIS ITEM, EXCEPT AS SPECIFICALLY PROVIDED ELSEWHERE IN THIS AGREEMENT; DO NOT MODIFY ANY OF THE OTHER PROVISIONS OF THIS AGREEMENT. ESTIMATED ANNUAL PREMIUM 91/�s 85000. 7w7 7.20 $y,soo 5506 STREET CONSTRUCTION & MAINTENANCE 61 170000. a•21 0.65 8810 CLERICAL -&33 il' 36000. '�' 0.69 31,aov ���=' 9411 ELECTED OR APPOINTED OFFICIALS 7/,0 2' Manual Premium 961el 74' 10% Sick, Holiday, & Vacation Allowance 9&& 7i Adj. Manual Premium q;p 67E Experience Modification 0.85 .°O Standard Premium 57' Managed Care Credit 0% Deductible Credit 0% AGENT F-416021790 0.00 Premium Discount FIRST NATL INS AGCY Discounted Standard Premium ^'.`"= ' 56i 729 MAIN STREET LMC Insurance Trust Discount 0'% 56- - ELK RIVER. MN 553-0 Net Deposit Premium - CITY OF OTSEGO I?FnTTCTPnR C'nTTNC'TT. AC'TTON AGENDA SECTION: DEPARTMENT: MEETING DATE 6. Consent Agenda Clerk September 11,1995 ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 6.1 Set A. Fire Service Amounts Elk River Elaine Beatty,Clerk/ZA S. Albertville C. Monticello BACKGROUND: These Fire Service Amounts are set each year for Special Assessment for the following year. This Fire Service amount is for 1996 payable year. After discussions with Lori Johnson, Elk River, Linda Houghton, Albertville These two cities have informed me that their Fire Service for 1996 will not increase in price. Monticello has a contract with Otsego for 1994, 195 and 196 So setting their amount is just a formality. REVIEW OF THE ISSUES ALTERNATIVES/IM PACTS STAFF RECOMMENDATION Recommendation is to approve the Fire Service Amounts as follows: Elk River: $40.00 - Same as last year (We have 18 new parcels to add for 1627 parcels Total X $40=$65,080.) Last years amount was $64,360. so there is a cushion there Monticello: $35.00 - Same as last year (We have 3 -yr contract ending after 1996) Two new parcels have been added for 192 X$35.00 =$6,720. Last years amount was $6,650., but they do charge by parcel so we will break even Albertville: $58.00 - Same as last year we have 6 new parcels to add for 249 parcels Total X $58.00=$14,442.00 Last years amount was $13,985.32 so there is some cushion there From: Wally Klus To: Elaine Beatty Date: 9/7195 Time: 12:12:23 September 7, 1995 City of Otsego 8899 Nashua Avenue N. E. Otsego, MN 55330 Alt.: Elaine Beatty Clerk/Zoning Administrator RE: Mary R. Dare/Christ Lutheran Church Preliminary and Final Plat Approval MRD Commercial Park 10.33 Acres Rezone 6.4 Acres from B-2 Highway Commercial District/R-1 Residential Long Range Urban Service to INS, Institutional District Dear Elaine: This will serve as a formal request for a continuance of the subject item set for the City Council Meeting of September 11, 1995 . We would assume this can be reset for Monday September 25, 1995? Thank for your assistance in this matter. Very truly yours, W. W. Klus Realty, Inc. Walter W. Klus Walter W. Klus Agent For Mary R. Dare, Property Owner cc: Greg Pagh, Pastor Jack Holmes Allan Barnard Page 1 of 1 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION ORIGINATING DEPT. MEETING DATE CITY COUNCIL ITEMS FINANCE SEPTEMBER 11,1995 ITEM N0: ITEM DESCRIPTION PREPARED BY 10.3 DISCUSSION OF LONG HAUL TRUCKING P.Boedigheime DEVELOPMENT CONSTRUCTION IDENTIFICATION SIGN At August 28, 1995 City Council meeting, NAC was directed to investigate possibilities to allow a development/construction sign for Long Haul Trucking, All Metro Builders, and the City of Otsego on the I94 side of the site. Attached for your review is a memorandum from NAC reviewing various options followed with their recommendation. I have reviewed the memorandum with Chuck from All Metro Builders. He fully understands the time constraints in the processing of a zoning ordinance amendment and is interested in the pursuit of a Real Estate sign which is allowed within the City's current zoning ordinance. His concern is NAC's recommendation that All Metro Builders' name would be removed from the sign. He has indicated that if his company name cannot be on the sign he would not be willing to contribute financially to the sign. I have not had the opportunity to discuss this issue directly with Bob Kirmis from NAC, but anticipate that he will be prepared to discuss his recommendation with the City Council at the City Council meeting. Chuck, All Metro Builders, further discussed with me the OSAH required guidelines regarding signage at a construction site and indicated that the required guidelines do not fit within the City's current sign ordinance. Bob Kirmis's memorandum also points out that the City's current ordinance does not allow for development/construction signs in industrial districts, although they are allowed in residential districts. It is staff recommendation that the City Council direct City Staff and the City Planner to review the City's current sign ordinance, research other cities regarding signing in industrial development districts, and make a recommendation for a zoning ordinance amendment to allow for construction/development signs in industrial districts. FAC Northwest Associated Consulta C O M M U N I T Y PLANNING DESIGN MA RKE MEMORANDUM TO: Elaine Beatty Phyliss Boedigheimer FROM: Dan Licht/Bob Kirmis DATE: 1 September 1995 W RE: Otsego - Long Haul Trucking - Development/Construction Identification Sign FILE NO: 176.11 - 95.01 EXECUTIVE SUMMARY Background The Otsego City Council, following a recommendation from the Otsego EDA, has directed our office to investigate possible courses of action to allow a development/construction sign for the "Long Haul Trucking" facility. A 23 August 1995 memorandum from Phyllis Boedigheimer, states that All Metro Builders (developer/builder of the Long Haul project) would like to construct a 12' x 16'(192 sq. ft.) development identification sign to be located along the northern border of the Long Haul site in a manner to be visible from Interstate 94. The memorandum does not specify the height of the sign proposed. The memorandum states that the sign will read: "The City of Otsego and All Metro Builders welcomes Long Haul Trucking to the City of Otsego". In addition to the City of Otsego and All Metro Builders, eight sub- contractors would be identified on the sign. The intent of the sign is to bring attention to Long Haul Trucking and the industrial park in Otsego. The Otsego EDA has approved a contribution of $500.00 towards the construction of the proposed sign. Recommendation Our office has identified three issues involved with the proposed Long Haul Trucking development sign. These issues are summarized below: 1. The Zoning Ordinance does not allow the type of sign proposed within an industrial district. R C H 5775 Wavzata !31vd. • Suite 555 • St. Louis Park, MN 55416 (612) 595-9636•Fax. 595-9837 1. The sign would be allowed to be two sided, offering exposure to people traveling in both directions on I-94 with a maximum of 64 square feet of sign area. 2. Because the sign would be related to the sale of lots within the Long Haul Industrial Park, the sign would most likely be permitted for a longer period of time. 3. Approval of the sign may be quickly processed administratively for only the cost of the sign permit. Our office also recommends that any sign for which a permit application is submitted be subject to the following conditions. The City is justifiable in requiring these additional conditions as a result of its financial involvement in the project. 1. The applicable provisions of Section 20-37-2 of the Zoning Ordinance are satisfactorily Feet. 2. All Metro Builders submit a mock-up of the sign copy for review and approval. 3. All Metro Builders remove itself and the names of the eight sub contractors from the sign. 4. Comments of other City staff. ISSUES ANALYSIS Zoning. The Long Haul development is located in an I-2, General Industrial District. Development/construction identification signs are not listed as a permitted or conditional sign within industrial districts. This is different from an initial reading of the Ordinance which suggested that these types of signs are allowed. A more detailed review of the Ordinance has revealed that these signs are permitted in residential districts only. Thus, a sign such as the one purposed by All Metro Builders would not be permitted. Sign Content. It is the stated purpose of this sign to welcome the Long Haul Trucking facility to the City and make note of the existence and location of the Long Haul Industrial Park in Otsego. All Metro Builders is requesting a sign that is over 6 times larger than the maximum size of the signs discussed in option #2 (All Metro Builders request is 6 times larger than the maximum area allowed for one side of a two sided sign and three times larger than the total area allowed). The primary reason for this is to provide space to list All Metro Builders and eight sub -contractors associated with the project. It is our office's opinion that the advertising of the contractors is totally contrary to the philosophy of the ordinance and is not vital to the 3 purpose of the sign. We believe that the placement of a sign the size requested with the contractors identified would be more in character with a billboard advertising sign, rather than a sign welcoming Long Haul Trucking or identifying the Long Haul Industrial Park. Size of Sign. The primary reason for requesting a larger sign is related to listing the contractors associated with project. Our office believes that the sign area permitted under option 2, is sufficient to accomplish the stated intent of the sign. Our office would recommend that City Officials make a point to observe signs along I-94 and the fact that there are a substantial number of real estate type signs which range from 32 to 64 square feet in size. Based on these other examples of these signs along I-94, the Otsego Sign Ordinance is not unduly restrictive or out of character with what other communities and private real estate companies utilize in promoting their land development areas. The City however, may make a determination that a larger sign area is appropriate when located adjacent to the Interstate corridor and pursue an amendment to allow a larger sign area along the Interstate corridor. An amendment to allow a larger sign along the I-94 and possibly Highway 101 corridors would protect areas within the City from potential negative impacts associated with larger signs while allowing larger signs where impacts would be minimized. It should be noted that no inadequacy of the existing standard has been demonstrated. The fact that the property owner wants a larger sign than is allowed does not render the existing standard inappropriate. Further justification for an amendment would be warranted. Approval of a Zoning Ordinance amendment without reasonable justification would establish a dangerous precedent which would expose the City to numerous challenges of existing Zoning Ordinance standards. Options to Accommodate. With regards to actions that may be taken to accommodate the proposed sign at the Long Haul site, our office has identified four options. These options are detailed below: Option #1 - Zoning Ordinance Amendment The first option to allow the proposed sign at the Long Haul development is an amendment to the Zoning Ordinance. Such an amendment would involve adding a provision to allow development/construction identification signs in commercial and industrial districts. This amendment would involve adding language such as in Section 20-37-5.B which allows this type of sign in residential districts, or the drafting of entirely new language. The existing residential district language is included below for reference. 3. Real Estate Development Project Signs. Signs involving temporary identification of a new subdivision or development located upon the project site. a. Each subdivision or development shall be allowed the following signs by permit: El (1) One (1) sign not to exceed sixty-four (64) square feet in surface area and a maximum height of fifteen (15) feet. (2) Directional signs as authorized by sub -section 5.13.4 of this section. b. The permit shall be renewable annually and conditioned upon documentation allowing such a sign of structure by the property owner upon which it is to be located, and a vacancy rate of the subdivision greater than ten (10) percent. Because such an amendment would involve an entirely new provision of the Ordinance, the City would be able to establish maximum area and height standards which it deems appropriate for these types of signs to be located in commercial and industrial districts. This option presents several drawbacks as it relates to the Long Haul situation. The time table for approving a sign for this development is short. Construction is set to begin on the project and will likely be completed within 3 months. Development/construction identification signs, such as the one proposed, are intended to be temporary in nature and serve to identify the development while it is under construction. Following completion of construction, it is assumed that permanent on - sight signage will serve to identify the development and the temporary sign should be removed. An amendment to the Ordinance would involve drafting an ordinance, staff review time, Planning Commission consideration, public hearings, and City Council consideration. Given the amount of time it would take to process an amendment, the period of time during which the sign could be placed and when it would be required to be removed would be brief. In addition, the responsibility for costs associated with processing this amendment would need to be considered. Option #2 - Real Estate Sign A second option which may be pursued to accommodate a development/construction identification sign for the Long Haul development would be to include in the copy of the sign mention of the Long Haul Industrial Park and the availability of lots. The proposed sign then would be classified as a real estate sign, which are permitted within industrial districts. Real estate signs are subject to the following conditions within industrial districts: 1. No more than one (1) double sided sign allowed per lot or per building for sale. 2. The sign area shall not exceed thirty-two (32) square feet of space on 5 each side. 3. The sign shall not be illuminated. The benefit of pursuing this option is that this type of sign can be processed quickly by administrative permit. The obvious drawback to pursuing this option, at least from All Metro Builders' perspective, is the maximum sign area allowed (64 square feet) is three times smaller that the proposed size (192 square feet). Option # 3 A review of the conditions which must be satisfied to grant a variance from the Zoning Ordinance suggests a variance is not a viable option in this case. The omission of these signs is not a hardship imposed only on the Long Haul development. No development in any commercial or industrial district may place this type of sign. Also, this sign is not prohibited because of any unique characteristic associated with the Long Haul site. In light of these considerations, the granting of a variance would most likely not be justifiable. The amount of time required to process a variance request would also be a deterring factor. As with Option #1, a variance request would involve time for staff review, public hearings, Planning Commission consideration and City Council Consideration. Option #4 - No Action The City may choose a fourth option, which would be a determination that the current ordinance standards are satisfactory and that no action should be pursued. CONCLUSION Our office believes this issue is a policy matter best decided by City Officials. It is our office's opinion, however, that the sign proposed by All Metro builders is not in keeping with the stated intent of the sign or the intent of the Ordinance. The identification of the contractors as part of the sign represents an advertisement which is not related to welcoming Long Haul Trucking to the City or identifying the industrial park. The size of the proposed sign is directly related to the desire to advertise the contractors. Our office believes that the stated purpose of the sign may be accomplished within existing provisions of the Ordinance by pursuing Option #2, the establishment of a real estate sign. Although the requirements of this type of sign do not accommodate the dimensions of the sign proposed, it does satisfactorily accomplish the stated purpose of the proposed sign. The benefits of pursuing option 2 include: rel 1. The sign would be allowed to be two sided, offering exposure to people traveling in both directions on I-94 with a maximum of 64 square feet of sign area. 2. Because the sign would be related to the sale of lots within the Long Haul Industrial Park, it would most likely be permitted for a longer period of time. 3. The sign may be processed administratively for the cost of the sign permit. Any sign for which a permit application was submitted would be subject to the additional provisions of Section 20-37-2 of the Zoning Ordinance. Because of the City's financial involvement, the City should be entitled an opportunity to review the content of the proposed sign. Prior to the issuance of a sign permit, All Metro Builders should be required to submit a mock-up of the proposed sign for review and approval by the City. If you have any questions regarding this matter, please do not hesitate to call. PC. Andrew MacAurthur 7 villiam S. Radzwiu ,redrew J. MacArthur Michael C. Court September 6, 1995 RA.DMILL & CO URI Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) City Council Members City of Otsego c/o Phyliss Boedigheimer, Director of Business and Finance 8899 Nashua Avenue NE Elk River, MN 55330 RE: Long Haul Trucking - Agreement Regarding Funding Dear Council Members: Enclosed for your review please find a revised draft agreement regarding proposed rebate of a portion of the City share of real property taxes from the Long Haul Trucking. This agreement has been redrafted to incorporate the concept proposed and approved by Council Member Heidner at the last Council meeting. Basically, the agreement, as revised, allows Long Haul to receive a $6,500.00 rebate of the City share of real property taxes on the Long Haul property over a ten year period. Additionally, said rebate can potentially be enhanced upon development of other lots within the plat and receipt of additional tax revenues from those parcels by the City of Otsego. The agreement calls for an additional $500.00 per year of rebate from the affected parcel for each of the other lots developed and paying taxes within the ten year rebate period. The additional rebate would occur only over any remaining portion of the rebate period on the Long Haul site. I am providing a copy of this Draft Agreement to Attorney John Gries who represents Long Haul Trucking, Inc for his review and comment. If the Agreement appears to be satisfactory, I would request that the Council approve the form of the Agreement and adopt the accompanying resolution which was previously forwarded to your Letter to Otsego City Council September 6, 1995 Page 2 attention. If you have any questions regarding this matter I will be available at the September 11 Council meeting to respond. Very truly yours, / An- rew J acArt r RADZAILL & COURI Encls. cc: John Gries, Attorney at Law Bob Kirmis, NAC Larry Koshak, Hakanson Anderson September 6, 1995 DRAFT AGREEMENT BETWEEN THE CITY OF OTSEGO AND LONG HAUL TRUCKING, INC. REGARDING THE REBATE OF CERTAIN PORTIONS OF THE CITY SHARE OF REAL PROPERTY TAXES ON LOT 2, BLOCK 2, OTSEGO INDUSTRIAL PARR AGREEMENT made this day of , 1995 between the City of Otsego ("City"), a municipal corporation under the laws of the State of Minnesota and Long Haul Trucking, Inc. ("Developer"), a Minnesota corporation, regarding rebate of certain portions of the City share of real property taxes on the following described property: Lot 2, Block 2, OTSEGO INDUSTRIAL PARK, according to the plat on file and of record at the Wright County Recorder's Office, Wright County, Minnesota. 1. Developer is the owner of the above described property and has thereon constructed buildings valued at approximately $750,000.00. The land described above and improvements thereto are valued at approximately $100,000.00. 2. Developer has also platted that subdivision known as OTSEGO INDUSTRIAL PARK, and has thereon constructed a roadway and various drainage facilities to improve the property. The estimated cost for construction of the street and drainage facilities within the subdivision is $65,000.00. Said subdivision contains four (4) platted lots in addition to the site described above. Developer is the owner of Lot 2, Block 2, and has an interest in the other four (4) lots within said OTSEGO INDUSTRIAL PARK. 3. The City has committed to provide assistance to Developer in an amount, not to exceed $65,000.00, by rebating to Developer, on a yearly basis, a portion of the City's share of real property taxes on the above described property. 4. Said rebate shall not take place until the taxes for each respective year are actually paid. If taxes for a specific year are not paid, or only partial payment made, there shall be no rebate for that year and the amount of the City's commitment for final payment shall be reduced by $6,50400 for each year when taxes are not paid or are only partially paid. 5. The County Assessor's estimate of the value of the property is approximately $850,000.00. Based upon that valuation, the City has estimated that the City's yearly share of property taxes for the foreseeable future, assuming a tax rate similar to at present and no drastic circumstances which would materially affect the property's valuation, should be approximately $13,000.00 per year. 6. Accordingly, the City will rebate a portion of the property taxes due to the City pursuant to the following schedule, and subject to restrictions contained in this Agreement: REBATE SCHEDULE Year 1- $6,500.00 Year 2- $6,500.00 Year 3- $6,500.00 Year 4- $6,500.00 Year 5- $6,500.00 Year 6- $6,500.00 Year 7- $6,500.00 Year 8- $6,500.00 Year 9- $6,500.00 Year 10- $6,500.00 7. In addition to the rebates listed above, Developer may qualify for rebate of additional portions of the City share of real property taxes actually paid on the above described property as follows: For each additional lot within the plat of "Otsego Industrial Park" which is developed for commercial/ industrial uses and commences paying real property taxes within the time frame of the Rebate Schedule above, and commencing from that year when said real property taxes are actually paid, the City will rebate an additional $500.00 per year of the City's share of real property taxes from Lot 2, Block 2, OTSEGO INDUSTRIAL PARK for the remainder of the term of the Rebate Schedule remaining on the date that said additional rebates commence. In any year when there is no payment or only partial payment of taxes on any one of the lots in the plat, or all of the lots , or any combination of lots, the respective rebates related to those particular parcels will not be made, and the City's commitment for additional payment shall be reduced by the amount committed for that particular year or years. 8. Events Of Default. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean whenever it is used in this Agreement any one or more of the following events: A. Failure by the Developer to timely pay any ad valorem real property taxes assessed with respect to the property herein described. B. Failure by the Developer to cause the installation of the Project to be completed pursuant to the terms, conditions, and limitations of the Developer's Contract- Otsego Industrial Park as previously executed and recorded. C. Failure of the Developer to observe or perform any other covenant, condition, obligation or agreement on its part be observed or performed under this Agreement or under the Developer's Contract- Otsego Industrial Park. D. The holder of any mortgage on the above described real property or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable mortgage documents. E. If the Developer shall 1. file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended or under any similar federal or state law; or 2. make any assignment for the benefit of its creditors; or 3. admit in writing its inability to pay its debts generally as they become due; or 4. be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer, as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or a receiver, trustee or liquidator of the Developer, or of the Project, or part thereof, shall be appointed in any proceeding brought against the Developer, and shall not be discharged within sixty (60) days after such appointment, or if the Developer, shall consent to or acquiesce in such appointment. 5. petition or apply for detachment from the City under existing law, or any amendment thereto. 8. Remedies on Default. Whenever any Event of Default referred to in this Agreement occurs and is continuing, the City may take anyone or more of the following actions after the giving of thirty (30) days written notice to the Developer, but only if the Event of Default has not been cured within said thirty (30) days: A. The City may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement. B. The City may cancel and rescind the Agreement. C. The City may take any action, including legal or administrative action, in law or equity, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. 9. This Agreement shall be filed for record in the office of the County Recorder of Wright County, Minnesota, and such filing shall constitute notice to any subsequent encumbrancer or purchaser of the above described property (or part thereof), whether voluntary or involuntary, and such Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, including the holder of any mortgage. 10. This is a full and complete recitation of the Agreement between the parties and any and all prior agreements, whether written or oral, are merged into this document. CITY OF OTSEGO Dated: Norman F. Freske, Mayor Dated: Dated: STATE OF MINNESOTA ss. COUNTY OF WRIGHT Elaine Beatty, City Clerk By Its LONG HAUL TRUCKING Subscribed and sworn before me this day of , 1995 by Norman F. Freske, Mayor and Elaine Beatty, City Clerk on behalf of the City of Otsego pursuant to the authority of the City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ss. COUNTY OF WRIGHT ) Subscribed and sworn before me this day of , 1995 by the of Long Haul Trucking, Inc., a Minnesota corporation on behalf of the corporation. NOTARY PUBLIC DRAFTED BY: RADZWILL LAW OFFICE 705 Central Avenue East St. Michael, MN 55376 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. RESOLUTION SUPPORTING PROVISION OF CITY FUNDING ASSISTANCE TO OTSEGO INDUSTRIAL PARK AND LONG HAUL TRUCKING, INC. WHEREAS, Long Haul Trucking, Inc. and John Daniels have received City approval for that plat known as OTSEGO INDUSTRIAL PARK within the City of Otsego, and are currently in the process of constructing a trucking facility on a portion (Lot 2, Block 2)of that property; and WHEREAS, in order to achieve proper access to the various lots within the plat, Long Haul Trucking, Inc. and John Daniels must construct an internal road within the plat, said road being constructed to City specifications, as well as on site drainage facilities; and WHEREAS, the costs of construction of said road and drainage facilities amount to approximately $65,000.00, and WHEREAS, said road and the plat of " Otsego Industrial Park" will benefit the City of Otsego by raising the tax base of the City and providing a place for business and industry to locate within the City, and WHEREAS, it is the policy of the City of Otsego to encourage commercial and industrial uses within the City; and WHEREAS, the City has made a commitment to Long Haul Trucking and John Daniels to provide assistance in funding the internal access road and facilities mentioned above; and WHEREAS, the City has determined that said assistance will be in the form of a rebate of a portion of the City share of real property taxes received from Lot 2, Block 2, OTSEGO INDUSTRIAL PARK, pursuant to the terms and conditions of that Agreement attached hereto as Exhibit A; and WHEREAS, the City has further determined that the Developer will be offered additional incentive for full development of the plat in the form of an additional rebate of the City share of the real property taxes received from said Lot 2, Block 2, OTSEGO INDUSTRIAL PARK, based upon development of the other platted lots and the commencement of taxes being paid on these additional lots, all pursuant to the terms and conditions of that Agreement attached hereto as Exhibit A. WHEREAS, said assistance is not to be construed as the establishment of any general policy to provide assistance to Developers, but is, rather, a singular decision based upon the unique circumstances of this proposed development and the benefits that it can provide to the City of Otsego. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO that the City will provide assistance to the Developer of "Otsego Industrial Park" for the construction of the above mentioned internal access road and improvements in the form of a rebate of the City share of real property taxes received from Lot 2, Block 2, OTSEGO INDUSTRIAL PARK in an amount not to exceed $65,000.00, and will also offer the incentive of possible further rebate of an additional portion of the City share of real property taxes received from said parcel based upon further development of the plat, all upon the terms and conditions contained within that Agreement designated as Exhibit A, and approved as to form by the City Council. ADOPTED this day of , 1995 by the Otsego City Council. IN FAVOR: OPPOSED: CITY OF OTSEGO Norman F. Freske, Mayor Elaine Beatty, City Clerk 09/1111995 09:11 2188291726 Mx. Andrew MacArthiu RADS- & COURI 705 Ceatral Avenue Bast P.O. 13ua 369 St. "chael, MN 55376 PAUL S. JACOBsr=N ATToar+er AT t..sw 3.177 -VOCM Lac $RAIMi M, MMNE OTA 56401 TtLEPHOHWFAX MW 820-1726 September 11, 1995 Ka: Contract between Bouestrno, Rnsene:, Andeaic & Assaa. and the Communities of Qtwga, Dayton and F ranldirt Dear Mia'. MacArthur PAGE 02 This letter follows our phone cotzversaticm of September 8, when we discussed certaiut provisions. of the proposed contract between the Bonewoo firm and tt three comrmmitiea. .As we dis«issed, 330ACStma will agme to the changes th& you suggest in paragraphs 1, :2� 3 and 6 of your August 24 letter to Tome Noyes_ However, Bonestroo cannot ag= to the deletions suggested by paragm bs 4 and S. Paragraph 4 requests the deletion of section 5.7.3. As Svc discussed, section 5.7.3 sourly clarifies that Banesu*o agxcs to meet the standard of care of similarly situated design pro&smoosis, but that it cnanot be held to a Mnndard of guanwiceing certain resuita. '1'h+e law don not hold =Y professional, whether it be a doctor, lawyer, or =46neer, to a standard in wbdch certain results aro guaranteed. Ste City of Eveleth v. AVnb e, 302 Minn. 249, 225 N.W.2d 521, 524 (1974), CYtYOf1 OwAdtview v. Watlya?W, 263 N.W.2d 420, 424 O&M. 1978). 1 have had retina oases in which litigants argued (unsuccessfufty) that an engineer guaranteed a result. !Section 5.7.3 avoids Haat argument, and clarifies the duties at the begWring, of the rr aria LSWP. You also requested the deletion of section 5. I 1, wkcb ihuiis Hom*troo's Eability to its inwmnre coverage. Your better ommssed a toners that the clause, as drafted, potentially Puts your clierrts in the muddle of POtentisi OOvOruge betwom Bonestrou and its carrier. To meet your 00=41ns, yet to preserve thO essence of the clause's intent, Y told you that vire would modifjr the clause so that it was not eoxntingaA on coverage issuaiL Because Sonestroo's rates are determined based oat a cap on their liability, an upper limit of 31 m0ion of liability must be pre=Nrd. .AccordkWy, section 5.11 cm be mocl ed to read as fbilows: VO, d 74101 The F.ngineex's babgk to Ownu for my and ,'ill des, losses or d=agw arising out of MY PmJea or th& Armawn' from ` but not tkniterl to the Ba&aees mss~ or Qunsimm the total combbwd seam of $l million. Please inform ane if this mndif caf= is a Ocxgtable. I believe that this addres= the issues raised 'A ymr letter and in our phone conversation. If you hw.,V MW f vtber rommonts or quesdons, Plein eon rnc. r aul Z. CC Thornes Noyes David Loskvta City of Otsego Engineer's Agenda Items City Council Meeting September 11, 1995 9.1 Stormwater Impact Fee (Refer to attached letter for recommendations) 9.2 Improvement Project 94-2 CSAH37 and Odean Avenue a. The work on the project should be completed by September 5, 1995. Sodding, seeding, and fence are nearly completed. We anticipate a Change Order by next meeting to construct a storm water pond to retain storm water runoff from the new construction. The final contract amount is anticipated to be less than the bid amount. b. Considered recommendation to approve Partial Payment #2. Refer to a copy of the pay estimate attached. The amount of $108,697.64 is the recommended partial payment. 5.3 Municipal Well Update a. School started without a problem with the water supply. We have distributed the Emergency Services information to the School staff. Our major event for the last week has been proving that the well pump delivers adequate flow and pressure for fire flow. The State Fire Marshall spent several days at the school attempting, along with the school's fire service consultant, to get approval of the system. A test taken on August 31, 1995 failed to produce results that the Marshall's could live with. The test was not correctly conducted. In the meantime, we were tied -up by the School District to address the problem. Finally, on September 1, Kevin determined the error in the test Agenda Page 2 September 11, 1995 procedures and demonstrated that the pump did what we knew it would do. All is well to date, however, it has taken a long and tense time to convince the district that our well is adequate to their needs. b. Financial Phyllis, with our assistance, has a preliminary summary of the well bonding balance. C. Maintenance An agreement proposal submitted to the City by EH Renner & Sons is attached for your review. The alternative we researched for obtaining a replacement pump motor is described in Renner's letter. He has four supply warehouse's locally, and in the worst case could obtain a motor within 36 hours. An agreement with Custom Electric for electrical related services is pending. Kevin will be meeting with Duane Fiedler to transfer the information about the well and components. 9.4 Variance to setback from Wetlands for Mound disposal systems. Applicants are requesting variance to setback line (see attached finding of factor). a. Moore, 7905 Ochoa Avenue b. Touhey, 8511 Nashua Avenue NE 9.5 Any other Engineering Business agenda9.11 SEP 11 '95 12:34 HAKANSON ANDERSON Hakanson Anderson I-10Assoc., Inc. September 11, 1885 M9. Elaine Beatty, Clerk City of Otsego 8899 Nashua Avenue. Otsego, MN 55330 RE. Lin -Bar Preliminary Plat Dear Elaine: 222 Monroe Street Anoka. Mlnnesnta 55303 612/427-5660 Fax 612/427.3401 We have received a revised grading and drainage plan dated August 31, 1995, submitted by Meyer-Rohlin, Inc. on September 5, 1995. We also have a copy of the Final Plat received on August 8, 1995. Our comment and concerns are listed below: 1. The July 28, 1995 Preliminary Grading and Drainage Plan showed extensive site grading. The plan showed drainage direction. We met with the Developers and engineer Thor Meyer on August 29, 1995 at the City Hall. At the meeting we related our concerns about the drainage plan which lacked ponding and runoff from Lots 2 and 3, Block 2 flows directly to a low area In the adjacent property. The developer and engineer were informed that any additional runoff due to development must be ponded and released at a rate not greater than existing condition. In the case of Lots 2 and 3, Block 3 providing just an easement is not adequate to address the potential runoff problem. Ponding is a requirement per the subdivision ordinance. The runoff from the street must be ponded and not directed overland by undetermined means. 2. The revised drawings dated August 31, 1995 provide less grading and drainage plan than the previous one. This plan does not meet the requirement of the ordinance. The ponding for the street runoff may be in a temporary pond but must be in an easement area dedicated to the City for drainage purposes. Engineers Landscape Architects Survvyon P.1 SEP 11 '95 12:35 HAKANSON ANDERSON Elaine Beatty Page 2 September 11, 1995 3. We are in agreement that it is necessary to provide undistributed soil for sewage disposal systems. However, it may not be necessary to preclude to entire lot from locating necessary drainage swages, ponds, etc. 4. We require a 20' easement at the side of the plat that is adjacent to unplatted land. If a 10' easement exists an the unplatted property this required will be waived. 5. We concur with the future subdivision plan for Lot 1, Block 2 and Lot 3, Block 3 due to the building set back distance from a County Highway. 6. Both the County Highway Department and City are requiring that an easement be provided for the drainage adjacent to the highway in the area of Concept Plan lot 6, 7, and 3, Block 3. The location, description and quit claim deed are being prepared and will be available within the next week. If you have any questions, please contact me a and if I an not available, contact Mr. Kevin Kielb at our office. Yours truly, WHAKANS ANDERSON ASSOCIATES, INC_ . steak, PE ilg cc: Wilfred Lindenfelser Hilary Barry Bob Kirrnis, NAC Andy MacArthur, Attorney Virgil Hawkins, Assistant County Engineer OT2134.ob1 P.2 Item 9.1 Hakanson Anderson Assoc., Inc. September 7, 1995 Honorable Mayor & Council City of Otsego 8899 Nashua Avenue Otsego, MN 55330 RE: Storm Sewer Impact Fees Dear Mayor & Council Members: 222 Monroe Street Anoka, Minnesota 55303 612/427-5860 Fax 612/427-3401 As direct by Council at the regular council meeting on August 28, 1995, we have studied the "impact fee" proposed on developments for future storm water improvements. Our recommendations are based on review of future needs to improve and/or construct new facilities to manage storm water primarily to allow for new development and to improve drainage in the watershed. Resolution 95-13 allows for the Council to set a impact fee on development. The fee needs to be fair and equitable. It also must be substantial enough to provide funds to solve the problem successfully. It is our opinion that if impact fees are collected in this time frame, the fund should be spent in a reasonably short period of time. Ten to twenty years in the future is perhaps too long of a holding period for these funds. It appears that with the Vantatenhove development it would be necessary to consider storm drainage facilities to outlet from west of Odean Avenue to the Mississippi River. We have estimated the cost of the improvement to provide an outlet to the Mississippi River to be $60,000. These are 1995 dollars. The potential for development of large undeveloped parcels in the North Mississippi and nearby Halls District is approximately 60 acres. The Hall Pond District is the one district that needs to reduce its watershed size due to the limited capacity of the Hall's Pond. Our recommendation is to ultimately En4ine-rs Landscape Architects Surveyors Honorable Mayor & Council Page 2 September 7, 1995 transfer a portion of Halls District to the North Mississippi District. This will be done where the drainage can be redirected by development. See attached exhibit. We therefore recommend an impact fee of 51,000/acre for property to plated or subdivided in old subdistrict #1 of Halls Pond District (now in North Mississippi District), Subdistrict 5C in Halls Pond District and subdistrict 3 in the North Mississippi District. The Lin -Bar plat, as proposed lies in both the Lefebrve and Rice -Foster Lake Watershed District. The proposed plat is 5 one acre lots and is a fraction of the concept plan for the 52 acres. The drainage from the proposed plat will affect the overall system in both Watershed Districts. An impact fee is recommended. Presently, an easement for drainage is requirement adjacent to CSAH37 at the east end of the new CSAH37. The easement will provide a ponding area for runoff from the newly constructed intersection at Odean Avenue and CSAH37 and for future reconstruction of CSAH37 east of the present project. The proposed easement is approximately 380' x 65' or .57 acres. The appraiser for the Intersection project allowed 51,800/acres for permanent easement in the fall of 1993 on this same land. Assuming a value increase based on the two years total inflation of 6%, the value per acre would be approximately $1,910/acres. We recommend the City accept the easement from the Lin -Bar Development in leu of storm water drainage impact cash fees. The ponding easement will ultimately be part of the drainage facilities for the 52 acres and will drain water downstream to the south to connect to an existing agricultural drain system. The pond is needed now to warrant against possible property damage from high intensity storms to adjacent land and to reduce the stormwater flow rate off site. The Otsego Creek Watershed District has a main creek study in place however, the tributary drainage systems have not been analyzed. In the case of Long Haul Trucking plat it is not within our ability without extensive study to estimate and recommend an impact fee for that development. Otsego Creek Watershed may need to rely on the Taxing District Method to finance future storm water drainage projects. Honorable Mayor & Council Page 3 September 7, 1995 Each of the proposed future plats will need a review and recommendation if not included in the above areas. We will be available at the council meeting to present the recommendations. Yours truly, HAKANSON ANDERSON ASSOCIATES, INC. a ence G oshak, PE jlg Enclosure cc: Elaine Beatty, Clerk Phyllis Boedigheimer, Finance Director Andrew MacArthur, Attorney Bob Kirmas, Planner, NAC OT413 PROPOSEDDRAINAGE PROPOSED EASEMENT LIN BAR PLAT QP z j'S. H. (N.E. 70th ST.) NO. 37 FT -1 F_7 w z w Q POND v1_7__z N.E. 67 WAYS Of a DITCH PRAUGHTFUTUREDRAINAGE WETEXTSTING eD NE 62nd ST. �T Id d 500 0 500 1000 CITY OF OT 'O RICE-FER LAKE S ,N FEE7 DATE: SEPTEMBER 1995 _: OT413 WATERSH DISTRICT Variance Approval (Shoreland Setback) GTTY OF OTSEGO WRIGHT COUNTY, MZNNESOTA IN RE: FINDINGS OF FACT AND DECISION Application of Robert and Linda Moore to allow a variance from the City's shoreland setback requirements for sewage treatment systems. On 11 September 1995, the Otsego City Council met at its regularly scheduled meeting to consider the application of Robert and Linda Moore to allow a variance from the City's shoreland setback requirements for sewage treatment systems. FINDINGS OF FACT 1. The subject property is legally described as: Lot 20, Block 1, Walesch Estates Second Addition 2. The subject property is zoned R-3, Residential Immediate Urban Service and lies within the Shoreland Overlay District of an unnamed recreational lake (Protected Water 107 #86- 331W). 3. Section 20-71-8.A.2.b. of the Zoning Ordinance establishes a minimum setback of 75 feet (from ordinary high water mark) for sewage treatment systems within the shorelands of recreational development lakes. 4. The provisions of the City's adopted sewage disposal ordinance are consistent with the aforementioned Zoning Ordinance requirement. 5. Due to the physical features of the subject property, it is not possible for the applicants to comply with shoreland setback requirements. 6. The applicants are proposing to locate a sewage treatment system (drainf'eld) approximately 50 feet from the ordinary high water mark of protected water #86-331 W. 7. The proposed sewage treatment system shall replace a failing system which currently exists upon the subject property. 8. Section 20-5-2.B.1 of the Zoning Ordinance stating statutory requirements and judicial precedent provides than a variance may not be issued unless certain criteria are satisfied. The criteria and findings regarding them are: a. Impair an adequate supply of light and air to adjacent property. Approval of the requested setback variance will not impair an adequate supply of light and air to adjacent properties. b. Unreasonably increase the congestion of the public street. Approval of the requested variance will not result in the allowance of any additional development rights upon the subject property. Thus, approval of the variance will not increase congestion upon Ochoa Avenue which serves the subject property. C. Have the effect of allowing any uses which are prohibited, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by State law. Approval of the variance will not have the effect of allowing prohibited uses or permitting a lesser degree of flood protection than required by State law. d. Increase the danger of fire or endanger the public safety. Approval of the requested lot width variance will not increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of the Zoning Ordinance. The requested setback variance has been prompted by a need to replace a failing sewage treatment system which currently exists upon the property. The elimination of an existing environmental hazard upon the subject property will not impair area property values. The correction of a documented environmental hazard is consistent with the spirit and intent of the City's Zoning Ordinance. `A f. Violate the intent and purpose of the Comprehensive Plan. By correcting a failing sewage treatment system, approval of the requested setback variance fulfills the intent of purpose of the City's Comprehensive Plan. 9. Section 20-5-2.B.2 of the Zoning Ordinance further states that a variance shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district or area. If the requested setback variance is denied, on-site sewage treatment for the site's existing dwelling cannot be reasonably provided. An evaluation of physical site conditions has determined that construction of such facility in compliance with applicable shoreland requirements is not possible. As such, undue hardship will result if the variance is denied. b. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other parties in the same district under the terms of this Chapter or deny the applicant the ability to put the property in question to any reasonable use. While still operative, numerous sewage treatment systems (legally non -conforming) in the area fail to meet applicable shozeland setback requirements. Thus, denial of the requested setback variance would deprive the applicant of rights commonly enjoyed by other properties in the same district. Denial would further deprive the applicant the ability to put the subject property to reasonable use. C. The special conditions and circumstances causing the undue hardship are not the result from the actions of the applicant. The physical conditions of the site, which warrant the request for variance, are not a result of actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by the Chapter to other lands, structures or buildings in the same district under the same conditions. The location of the existing sewage treatment system was legally established. The granting of the requested variance will correct an existing environmental hazard and allow the continuance of residential use of the subject property. Granting of 3 the requested variance will not confer on the applicant any special privilege that is denied by the ordinance to other lands, strictures or buildings in the same district under the same conditions. e, The request is not a result of non -conforming lands, structures or buildings in the same district. The variance has been requested as a result of an inability to locate a new sewage treatment within the required 75 foot shoreland setback. The request is not a result of non -conforming lands, structures or buildings in the same district. f. The variance requested is the minimum Variance necessary to accomplish the intended purpose of the applicant. The variance being requested is the minimum necessary to accomplish the intended purpose of the applicant. 10. Comments dated 12 June 1995, prepared by Hakanson Anderson Associates, Inc. are incorporated herein. 11. On 11 September 1995, the Otsego City Council conducted a public hearing to consider the proposed variance application preceded by published and mailed notice. DECISION Upon review of the variance application, evidence received at the public hearing and other information, the applicants' request for variance from the City's shoreland setback standards is approved in its present form subject to the following conditions: 1. All conditions outlined in the 12 June 1995 letter prepared by Hakanson Anderson Associates Inc. are satisfactorily met. 2. Quarterly inspections of the soil treatment unit (the mound) are conducted :for signs of failure for the first year of operation. Said inspections shall be by a designated City representative. 4 ADOPTED by the Otsego City Council this 11th day of September 1995. CITY OF OTSEGO Norman F. Freske, Mayor ATTEST: By: Flaine Beatty, City Clerk/Zonmg Administrator 5 ItEM_ SEP 11 195 15:17 HAKANSON ANDERSON Hakanson Anderson Assoc., Inc. September 11, 1995 Mr. Jerry Olson, Building Official City of Otsego 8899 Nashua Avenue NE Otsego, MN 553330 RE: Septic System Review Touhey, 8511 Nashua Avenue NE Dear Jerry: Z72 Monroe Street Anoka, Minnesota 55303 6121427-5860 Fax 612/427.3401 P.1 We have visited the site this day at 8:30 a.m. with the applicant and designer and have found no need to delineate the wetland boundary as stated earlier. Said boundary is sufficiently evidenced in the field, such that we concur with the designer as to amount of setback and location of the mound. Please note tho amount of variance shown in September 7, 1885 letter was incorrectly shown at 325'. The correct amount is 35'. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. .-- P' 4/ Ross D. Abel, PE jig cc: Lawrence G_ Koshak, PE Elaine Beatty, Clerk OT2133.io1 En&leeo Ulid5cape Ar chi tec is Surveyors SEP 07 195 13:57 HAKANF^^I ANDERSON P.1 ZZZ Monroe Street Hakanson Anaka, Minrx tiota 55303 Anderson 617J42*1-5860 Assoc., (nc. Fox 612/427-3401 September 7, 1995 Mr. Jerry Olson, Building Official City of Otsego $899 Nashua avenue NE Otsego, MN 553330 RE: Septic System Review Touhey, 8511 Nashua Avenue NE Dear Jerry: We have completed our review of the system design prepared by ECO systems Inc. representative Kevin J. Kloeppner dated August 30, 1995, and have the following comments and concerns: • Insufficient readings by which to complete the 10% Calc. for pert tests 2, 3, & 4. No determination with regards to sizing thr; purnp station for volumes needed to cover the pump and actuate the alarms. We recognize the need for a variance from the Shoreland Managernent Act and recommend a variance in the amount of 325' such that the proposed setback will be approximately 115' from DNR Wetland #332W. We recommend the site plan be corrected to show the wetland boundary (DNR Natural Environment Lake 332W) which shall be delineated by a qualified individual, appropriate setback from the building and overland drainage patterns (GAsting and proposed). We recommend that the designer complete sufficient readings for perk tests 2, 3, and 4 by which to complete the 10°/0 calculations. We concur with the designer that a 1,000 gallon lift tank is of sufficient size. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC, Ross D. Abel, PE A cc: Lawrence G. Koshak, PE Elaine Beatty, Clerk o72138.yo Engineers Landscape Architects Surveyors SEP -07-1995 13:570 NAC CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE: 612 595 9837 P.02i06 Variance Approval (Shoreland Setback) FMINGS OFFACT AND DECISION Application of Doug Touhey to allow a variance from the City's shoreland setback requirements for sewage treatment systems. On 11 September 1995, the Otsego City Council met at its regularly scheduled meeting to consider the application of Doug Touhey to allow a variance from the City's shoreland setback requirements for sewage treatment systems. FINDINGS OF FACT 1. The subject property is legally described as: part of the SE 1/4 of the NW 1/4 and part of the NE 1/4 of Sec 20, Twp 121, R23, Otsego, Wright County, Minnesota. 2. The subject property is zoned A-1, Agricultural Rural Service and lies within the Shoreland Overlay District of an unnamed natural environment lake (Protected Water ID #86-332W). 3. Section 20-71-8.A.2.b. of the Zoning Ordinance establishes a minimum setback of 150 feet (from ordinary high water mark) for sewage treatment systems within the shorelands of recreational development lakes. 4. The provisions of the City's adopted sewage disposal ordinance are consistent with the aforementioned Zoning Ordinance requirement. 5. Due to the physical features of the subject property, it is not possible for the applicants to comply with shoreland setback requirements. 6. The applicants are proposing to locate a sewage treatment system (drai.nfield) approximately 115 feet from the ordinary high water mark of protected water #86-332W. SEP -07-1995 13:51 NAC 7. 3 612 595 9e37 P.03/06 The proposed sewage treatment system shall replace a failing system which currently exists upon the subject property. Section 20-5-2.B.1 of the Zoning Ordinance stating statutory requirements and judicial precedent provides that a variance may not be issued unless certain criteria are satisfied. The criteria and findings regarding them are: a. Impair an adequate supply of light and air to adjacent property. Approval of the requested setback variance will not impair an adequate supply of light and air to adjacent properties. b. Unreasonably increase the congestion of the public street. Approval of the requested variance will not result in the allowance of any additional development rights upon the subject property. 'Thus, approval of the variance will not increase congestion upon Nashua Avenue which serves the subject property. c. Have the effect of allowing any uses which are prohibited, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by State law. Approval of the variance will not have the effect of allowing prohibited uses or permitting a lesser degree of flood protection than required by State law. d. Increase the danger of fire or endanger the public safety. Approval of the requested lot width variance will not increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of the Zoning Ordinance. The requested setback variance has been prompted by a need to replace a failing sewage treatment system which currently exists upon the property. The elimination of an existing environmental hazard upon the subject property will not impair area property values. The correction of a documented environmental hazard is consistent with the spirit and intent of the City's Zoning Ordinance. 2 612 595 9837 P.04i06 SEP -07-1995 13:51 NAC f, Violate the intent and purpose of the Comprehensive Plan. By correcting a failing sewage treatment system, approval of the requested setback variance fulfills the intent of purpose of the City's Comprehensive Plan. 9. Section 20-5-2.B.2 of the Zoning Ordinance further states that a variance shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district or area. if the requested setback variance is denied, on-site sewage treatment for the site's existing dwelling cannot be reasonably provided. An evaluation of physical site conditions has determined that construction of such facility in compliance with applicable shoreland requirements is not possible. As such, undue hardship will result if the variance is denied. b. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other parties in the o put the ct under the terms of this Chapter or deny the applicantthe ability t property in question to any reasonable use. While still operative, numerous sewage tnmtment systems (leggy non -conforming) in the area fail to meet applicable shoreland setback requirements. Thus, denial of the requested setback variance would deprive the applicant of rights commonly enjoyed by other properties in the same district. Denial would further deprive the applicant the ability to put the subject property to reasonable use. C. The special conditions and circumstances causing the undue hardship are not the result from the actions of the applicant. The physical, conditions of the site, which warrant the request for variance, are not a result of actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by the Chapter to other lands, structures or buildings in the same district under the same conditions. The location of the existing sewage treatment system was legally established. The granting of the requested variance will correct an existing environmental hazard and allow the continuance of residential use of the subject property. Granting of 3 SEP -07-1995 13:52 NAC 612 595 9837 P.05/06 the requested variance will not confer on the applicant any special privilege that is denied by the ordinance to other lands, structures or buildings in the same district under the same conditions. e, The request is not a result of non -conforming lands, structures or buildings in the same district. The variance has been requested as a result of an inability to locate a new sewage treatment within the required 150 foot shoreland setback. The request is not a result of non -conforming lands, structures or buildings in the same district. f. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. The variance being requested is the minimum necessary to accomplish the intended purpose of the applicant. 10. Comments dated 7 September 1995, prepared by Hakanson Anderson Associates, Inc. are incorporated herein. 11. On 11 September 1995, the Otsego City Council conducted a public hearing to consider the proposed variance application preceded by published and mailed notice. DECISION Upon review of the variance application, evidence received at the public hearing and other information, the applicants' request for variance from the City's shoreland setback standards is approved in its present form subject to the following conditions: 1. All conditions outlined in the 7 September 1995 letter prepared by Hakanson Anderson Associates Inc. are satisfactorily met. 2. Quarterly inspections of the soil treatment unit (the mound) are conducted for signs of failure for the first year of operation. Said inspections shall be performed by a designated City representative. 4 SEP -07-1995 13:53 NAC 612 595 9837 P.06/06 ADOPTED by the Otsego City Council this 11th day of September 1995. QTY OF OTSEGO By: AI -MT: Norman F. Freske, Mayor By: Elaine Beatty, City Clerk/Zoning Administrator W TOTAL P.06 PAY ESTIMATE 2 Buffalo Bituminous Inc. PO Box 337 Buffalo, MN 55313 RE: PUBLIC IMPROVEMENT PROJECT NO 94-2 NE 70TH STREET (CSAR 37) & ODEAN AVENUE (MSAP 217-105-01, MSAP 217-020-02, SAP 86-637-22) BID AMOUNT: $307,979.25 AWARD DATE: May 23, 1995 COMPLETION DATE: September 2, 1995 BUFFALO BITUMINOUS, INC. Item 9.2b BID SCHEDULE "A" - CITY OF OTSEGO PUBLIC IMPROVEMENT PROJECT NO. 94-2 Estimated Contract Used Item No. Description Quantity Unit Price Amount To Date Extension --------------------------------------------------------------------------------------------------------------------------- 2021.501 Mobilization 1 Lump Sum $1,000.00 LS $1,000.00 1 LS $1,000.00 2104.501 Clearing 33 Tree 35.00 TR 1155.00 37.00 TR 1295.00 2101.507 Grubbing 33 Tree 35.00 TR 1155.00 37.00 TR 1295.00 2104.501 Remove pipe culverts 188 Lin. Ft. 4.00 LF 752.00 210.00 LF 840.00 2104.501 Remove fence (Wire) 90 Lin. Ft. 3.00 LF 270.00 225.00 LF 675.00 2104.501 Remove fence (Wood) 100 Lin. Ft. 3.00 LF 300.00 100.00 LF 300.00 2104.505 Remove bituminous pavement 8150 Sq. Yd. 1.00 SY 8150.00 8447.00 SY 8447.00 2104.505 Remove concrete slab 155 Sq. Yd. 1.00 SY 155.00 155.00 SY 155.00 2104.509 Remove sign 27 Each 8.50 EA 229.50 27.00 EA 229.50 2104.509 Remove timber cattle pass 70 Lin. Ft. 15.00 LF 1050.00 70.00 LF 1050.00 2104.513 Sawing bituminous pavement 74 Lin. Ft. 2.00 LF 148.00 96.00 LF 192.00 2104.521 Salvage fence 135 Lin. Ft. 5.00 LF 675.00 0.00 LF 0.00 2105.501 Common excavation 34537 Cu. Yd. 1.80 CY 62166.60 34537.00 CY 62166.60 2123.503 Motor Grader (60th St. maint.) 60 Hour 60.00 HR 3600.00 8.50 HR 510.00 -' 501 Water (60th St. maint.) 60 M Gal 15.00 GAL 900.00 117.00 GAL 1755.00 301 Aggregate base class 5 6886 Ton 6.00 T 41316.00 5603.30 T 33619.80 501 Agg. base c15 (60th St. maint.) 1295 Cu. Yd. 7.00 CY 9065.00 816.00 CY 5712.00 0ij1.601 2" bit. wearing course (driveways) 787 Sq. Yd. 4.50 SY 3541.50 591.00 SY 2659.50 2340.508 Type 41 wearing course mixture 1482 Ton 23.50 T 34827.00 1473.05 T 34616.68 2340.514 Type 31 base course mixture 1977 Ton 20.50 T 40528.50 1838.59 T 37691.10 2357.502 Bituminous material for tack coat 919 Gallon 1.00 GAL 919.00 700.00 GAL 700.00 0412.602 Relocate mailbox 4 Each 60.00 EA 240.00 5.00 EA 300.00 2501.511 15" RC pipe culvert class V 208 Lin. Ft. 26.00 LF 5408.00 160.00 LF 4160.00 2501.511 18" RC pipe culvert class V 140 Lin. FT. 28.00 LF 3920.00 132.00 LF 3696.00 2501.515 15" RC pipe apron 10 Each 280.00 EA 2800.00 8.00 EA 2240.00 2501.515 18" RC pipe apron 4 Each 315.00 EA 1260.00 4.00 EA 1260.00 2503.511 15" RC pipe sewer class III 567 Lin. Ft. 22.00 LF 12474.00 616.70 LF 13567.40 2503.573 Install conc. apron storm (1511) 2 Each 280.00 EA 560.00 2.00 EA 560.00 2506.508 Construct manhole storm 3 Each 1300.00 EA 3900.00 3.00 EA 3900.00 2506.509 Construct catchbasin storm 3 Each 1000.00 EA 3000.00 3.00 EA 3000.00 2511.501 Random riprap cl III w/ geo. fab. 36 Cu. Yd. 40.00 CY 1440.00 36.00 CY 1440.00 2531.501 Conc, curb and gutter design B618 1450 Lin. Ft. 5.20 LF 7540.00 1454.50 LF 7563.40 2531.501 Conc. curb and gutter design D418 1264 Lin. Ft. 5.25 LF 6636.00 1259.00 LF 6609.75 2531.507 6" concrete driveway pavement 33 Sq. Yd. 26.00 SY 858.00 43.70 SY 1136.20 0557.603 Wood fence 6' high 254 Lin. Ft. 47.50 LF 12065.00 0.00 LF 0.00 0563.601 Traffic Control 1 Lump Sum 3000.00 LS 3000.00 1.00 LS 3000.00 0564.602 4" broken line yellow - tape 864 Lin. Ft. 0.25 LF 216.00 0.00 LF 0.00 0564.602 F & I sign panel (stop) 2 Each 165.00 EA 330.00 2.00 EA 330.00 0564.602 F & I sign panel (stop ahead) 2 Each 165.00 EA 330.00 2.00 EA 330.00 0564.602 F & I sign panel (winding road) 2 Each 115.00 EA 230.00 2.00 EA 230.00 0564.602 F & I sign panel (advisory speed) 2 Each 42.00 EA 84.00 2.00 EA 84.00 0564.602 F & I sign panel (cross road) 2 Each 115.00 EA 230.00 2.00 EA 230.00 0564.602 F & I sign panel (dead end) 1 Each 115.00 EA 115.00 1.00 EA 115.00 0564.602 F & I sign panel (two way traffic) 2 Each 115.00 EA 230.00 2.00 EA 230.00 0564.602 F & I sign panel (hidden driveway) 1 Each 115.00 EA 115.00 1.00 EA 115.00 0564.602 F & I sign panel (pavement ends) 1 Each 115.00 EA 115.00 1.00 EA 115.00 0564.602 F & I street name sign 1 Each 165.00 EA 165.00 0.00 EA 0.00 0564.602 Pavement mess. (left arrow) paint 2 Each 20.00 EA 40.00 2.00 EA 40.00 0564.602 Pavement mess. (right arrow) Paint 2 Each 20.00 EA 40.00 2.00 EA 40.00 05F4.602 Pavement mess. (only) paint 4 Each 40.00 EA 160.00 4.00 EA 160.00 103 24" stop line white - paint 30 Lin. Ft. 1.25 LF 37.50 38.00 LF 47.50 03 24" solid line yellow - paint 368 Lin. Ft. 0.80 LF 294.40 547.00 LF 437.60 u-__.603 4" solid line white - paint 6680 Lin. Ft. 0.15 LF 1002.00 6215.00 LF 932.25 0564.603 4" double solid line yellow - paint 4165 Lin. Ft. 0.30 LF 1249.50 2501.00 LF 750.30 0565.602 Furnish and install street light 2 Each 0.00 EA 0.00 0.00 EA 0.00 0565.603 2" PVC Conduit 307 LF 5.00 LF 1535.00 307.00 LF 1535.00 2573.501 Bale check 160 Each 6.00 EA 960.00 35.00 EA 210.00 2573.503 Silt fence, preassembled 7190 Lin. Ft. 1.65 LF 11863.50 5186.00 LF 8556.90 2573.508 Bituminous lined flume 21 Sq. Yd. 20.00 SY 420.00 19.30 SY 386.00 APPROVALS CONTRACTOR: Certification by Contract: I certify that all items and amounts shown are correct for the work completed to date. BUFFALO BITUMINOUS INC. Signed: Title: ENGINEER: HAKANSON ANDERSON ASSOCIATES INC. Signed: Date: Title: Date: OTHER: BUFFALO BITUMINOUS INC. Signed: Title: Date: OT323PE2.wk3 Estimated Contract Used Item No. Description Quantity Unit Price Amount To Date Extension --------------------------------------------------------------------------------------------------------------------------- 2575.501 Seeding 3.41 Acre 100.00 AC 341.00 0.00 AC 0.00 2575.502 Seed Mixture 800 170.5 Pound 3.00 LB 511.50 0.00 LB 0.00 2575.505 Sodding, type lawn 5265 Sq. Yd. 1.50 SY 7897.50 2632.00 SY 3948.00 2575.511 Mulch material type 1 6.80 Ton 150.00 T 1020.00 0.00 T 0.00 2575.519 Disc anchoring 3.41 Acre 25.00 AC 85.25 0.00 AC 0.00 2575.523 Wood fiber blanket type regular 1100 Sq. Yd. 1.00 SY 1100.00 0.00 SY 0.00 2575.531 Commercial fertilizer, 20-10-10 0.86 Ton 300.00 T 258.00 0.00 T 0.00 TOTAL BID SCHEDULE "A" - Total work completed to date ------------ $307,979.25 ------------ $266,164.47 Original Work Contract Completed SUMMARY Schedule A ------------ $307,979.25 ------------ $266,164.47 Less 5% Retainage: 13,308.22 Less Pay Estimate #1 144,158.61 TOTAL ESTIMATED AMOUNT DUE TO CONTRACTOR: ------------ $307,979.25 ------------ $108,697.64 WE RECOMMEND PARTIAL PAYMENT OF: $108,697.64 APPROVALS CONTRACTOR: Certification by Contract: I certify that all items and amounts shown are correct for the work completed to date. BUFFALO BITUMINOUS INC. Signed: Title: ENGINEER: HAKANSON ANDERSON ASSOCIATES INC. Signed: Date: Title: Date: OTHER: BUFFALO BITUMINOUS INC. Signed: Title: Date: OT323PE2.wk3 f. N. Renner 6 sons LNCORPORATED Item 9.3c WELL DRILLINo .-OR FOUR GENERATIONS 15688 JARVIS STREET N.W. / ELK RIVER, MN 55330 PHONE: (612) 427-6100 / FAX: (612) 427-0533 September 4, 1995 - 1 7, CITY CITY OF OTSEGO ' ; SEP 6 19,0; C/O HANKANSON ANDERSON 222 MONROE STREET ANOKA MN 55303 ATTN: MR KEVIN KIELB (612) 427-5860 427-3401 FAX SUBJECT: OTSEGO MUNICIPAL WELL #1 RE: QUOTATION FOR MAINTENANCE SERVICE Dear Sir, Per our recent phone conversation, E.H. RENNER & SONS, INC. is prepared to offer our services to perform certain tasks on a time and materials basis for the City of Otsego. This service would be regarded as a maintenance contract with the City should they need emergency service for the Otsego deep well #1. No fee is charged to be on call. LABOR & EQUIPMENT CHARGES: 1. MOBILIZATION/DEMOB OF PUMP TRUCK TO SITE $50.00/TRIP 2. PUMP TRUCK TIME WHILE BEING USED (ONLY) $75.00/HR 3. SERVICE TECHNICIAN ON SITE $54.00/HR Time & one half will be charged for after 4:30pm and Saturday work. Double time will be charged for Sunday work, & triple time for Holiday work. MATERIAL CHARGES: We will charge the City 15% markup on any materials purchased or required for repairs to this system. Page #1 An Equal Opportunity Employer We have investigated the cost for a new GRUNDFOS pump end ( 3755400- 6DS) is $2,536.60. We can obtain this wet end from Chicago in five (5) working days. This cost does not include the Air Freight to ship to Mpls air terminal, State sales tax, nor our pickup & delivery to the site. We have also investigated the cost for a new FRANKLIN 40hp motor. We can usually obtain this in the Twin Cities for $1,815.00. We checked the four supply houses in town who normally stock this motor to find that no one had one. Recently sold and had not been restocked as of yet. If we had to order one out from Chicago, we must order before 2:pm and it would arrive by 8:30 the next morning. This cost does not include the Air Freight to ship to Mpls air terminal, State sales tax, nor our pickup & delivery to the site. PHONE NUMBERS: We have several phone numbers to call for service. Please call in the following order: 1. OFFICE phone number (427-6100) and call forwarding to the home of Roger E. Renner, president after hours. Mobil number is 991-3607. 2. Ray Renner's home number is 427-1806. Ray's pager is 534-7532. Ray's mobil number is 747-0582. 3. Tom Renner's home number is 427-6470. 4. Service Tech Tony Eisinger pager is 747-8958. Mobil number is 539-9104. We are located only 4 miles from the school. We can usually respond within minutes. Mr Mike Crepeau is our purchasing agent at E.H. RENNER & SONS, INC. who is also on the Elk River Fire Dept. If there was ever a problem, he would be on call 24 hours for the City emergency response team. E.H. RENNER & SONS, INC. has the following advantages to be on call first: a. Since time is so critical, we are located only 4 miles from the site. b. Response phone numbers are local & close to site. C. Employee on Elk River fire Dept. d. Familiar with site conditions & controls. e. Five member emergency response team. Page #2 Since the pump and motor is very critical to this system. We are limited to exactly the GPM/TDH conditions that this well requires. We are recommending that atleast the pump end be purchased and left either in the school or at our facility for immediate installation if needed. The motor is not quite as critical but may require additional time if all the suppliers in the metro are currently "sold out". If you should have any questions, please call. Sincerely Submitted. Roger E. Renner, President RASTER GROUNDWATER CONTRACTOR E.H. RENNER & SONS, INC. HINNESOTA LICENSE #71015 COR.95/OTSEGO Page #3 custom electric September 7, 1995 Kevin Kielb Hakanson Anderson Assoc. 222 Monroe St. Anoka, Mn. 55303 RE: CITY OF OTSEGO - MUNICIPAL WELL PROJECT Dear Kevin; SEP 1 11995 �� I► We would appreciate to provide a service contract for the Otsego Well Project as stated in your August 24th letter. Our costs for this are as follows: • First hour of service - Normal working hours - 7:00 A.M. to 3:30 P.M. - $75.00. Overtime from 3:30 P.M. to 12:00 Midnight - $112.50. Double-time from 12:00 Midnight to 7:00 A.M. - $150.00. • Each hour after first hour of service - Normal hours - $50.00. Overtime hours - $75.00. Double-time hours - $100.00. • If more than four hours are provided on a call then all hours shall be the same as 2nd paragraph above. • All materials (and permits if required) used shall have a 10% profit added to them. • All time shall be charged in half hour segments. • Cost changes shall be changed when our costs change. (Generally yearly) • Costs for special tools needed for a project which we may have to rent shall be charged at cost plus 5%. 24 Hour Telephone Numbers Office 631-9128, Fax Number 786-7078 Eldon Holmes - Home 786-8377, Voice Pager 621-2928, Car Phone 670-9020 Steve Bostrom - Home 427-3962, Voice Pager 622-7617 Charles Larson - Home 427-9443, Voice Pager 622-7308 Please call our office if you have any questions concerning this letter. Sincer y; Eldon Holmes Owner 8421 MISSISSIPPI BLVD. N.W. • COON RAPIDS, MN 55433 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION ORIGINATING DEPT. MEETING DATE CITY COUNCIL ITEMS FINANCE SEPTEMBER 11,1995 ITEM NO: ITEM DESCRIPTION PREPARED BY 10.2 CONSIDER RESOLUTION ADOPTING PROPOSED 1995 TAX LEVY, COLLECTIBLE IN 1996 P.Boedigheime Truth In Taxation Law requires that each "taxing authority" must approve and certify a proposed property tax levy for taxes payable 1996 to the county auditor on or before September 15, 1995. The City Council has held three budget worksessions to review the City's general operations and bonded indebtedness requirements to ultimately arrive at a proposed property tax levy for 1996. The attached resolution defines the proposed property tax levy for general government operations, park development and bonded indebtedness. General government operations includes the following departments: Mayor and City Council $ 52,410 Administration 202,452 Finance 58,600 Assessing 14,060 Legal 28,200 Planning Commission 3,300 Planner 52,250 EDA 14,005 City Hall & Peavey House 74,180 Police 96,360 Building Inspection 20,000 General Engineering 40,000 Street Lighting 10,000 Recycling 30,000 District 728 Recreation 17,777 Park Maintenance 32,770 Historical Society 1,550 Street Maintenance 247,209 Street Capital Outlay 38,924 General Government Capital Outlay 17,410 Total Proposed Expenditures $1,051,457 The resolution also defines the amount of HACA the City will receive from the State and subtracts that amount from the total proposed levy to arrive at a final proposed levy to be certified to the County Auditor. Anticipated revenues from sources other than property taxes include, $74,893 in Local Government Aid, $140,579 in HACA, $62,000 in MSA Maintenance Funds and $115,545 in charges for service, licenses, permits, and building rent. The City's total tax capacity number is not yet available, therefore, it is estimated that the proposed tax rate will be approximately 35.377, which is equal to a 2.66% increase over the 1995 tax rate of 34.459. The City Council must adopt a resolution approving a proposed tax levy for 1996 Budget Appropriations and certify such proposed levy to the County Auditor by September 15, 1995, therefore, it is recommended that the City Council approve the attached resolution approving a proposed tax levy for 1996 Appropriations. Councilmember Black introduced the following resolution and moved its adoption: RESOLUTION NO 95-30 RESOLUTION APPROVING A PROPOSED TAX LEVY FOR 1996 BUDGET APPROPRIATIONS NOW, THEREFORE, BE IT RESOLVED by the Otsego City Council that there is hereby approved for proposed expenditures from general taxes, the following sums for the purpose indicated: General Government $ 799,019 Park Development 15,000 Bonded Indebtedness 35,210 Total Proposed Levy $ 849,229 Less HACA 140,579 Total Levy To Be Certified $ 708,650 FURTHER BE IT RESOLVED that as required by Truth in Taxation Legislation, the City Clerk shall certify to the Wright County Auditor a copy of this resolution approving a proposed levy of $708,650 for the City of Otsego. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Fournier and upon vote being taken thereon, the following voted in favor thereof: Mayor Freske, Councilmembers Ackerman, Black, Fournier and Heidner and the following voted against the same: none, whereupon said resolution was passed this 11 th day of September, 1995. Norman F. Freske, Mayor ATTEST: Elaine Beatty, Clerk/Zoning min. Claims Llst for Ar Gr oV_.1 Foo n- PeriQd 061128/95 to 09/07/95 ..Ln • I'J I n� FOP WHAT ­UF:PO::E D -,TE rJUMBEP CL,,IM REQ_T.-�M�t. c E 1 T{a_�T PAPERIOD ENDED 8/26/ 95 `r' 06.''.' // 'C '916 30_' .00 ^ANI. 0= ELI RIVER FED .WITH/ SOC .SEC .MED -8/26/95 08/30!95 ? 0 _ .45' .=` TATE CAPITAL CREDIT UNION PAY DEDUCTION PAY PERIOD 3/26/95 08;'30/95 921 L 50.00 6 U r t POSTAGE FOR TRIAL POSTAGE METER 09/07/95 923 150.00 iTNE'f BOWES PUBLIC EMPLOYEES RETIREMENT FUND EMPLOYEE/EMPLOYER SHARE -MONTHLY 09/07/95 924 87.10 MANY OF ELI' RIVER FED.WITH.S.S.,MEDICARE 09/07/95 925 1 M0 i Ff1- ENU AMERICAN BANK AGENT FEES -87 BONDS 09/07/95 927 125.00 RENTAL y .' // .r VZ9 µ U. QU BEST DISPOSAL -ERVICE SEPTEMBER RECYCLING 09/07/95 930 47.50 WOODLAKE SANITATION SERVICE AUGUST RECYCLING 09/07/95 931 3_1._5 _Lf RIVET UTILITIES SERVICE-GARAGE,ST.LIGHTS,HEAD START 09/0':?5 93= DUERRS WA.TER.CARE SERVICE SALTWATER & CUPS 09/07/95 934 52.20 FIRST CHOICE LAWN CARE AUGUST LAWN SERVICE 0c''07i95 '?3S 3%:0.00 176.92 FULL'S MANUFACTUF:ING CO. CONCRETE FOR PLAYGROUND 09/0-19°.1a3h APLANT SANITATION INC SEPTEMBER SERVICE 09/v.'."?S '?38 10=.72 Clai(nb Limit fOr APPrOVal For the period 08%28/95 to 09/07/95 (RIGHT-HENNEPIN CO-OP ELECTRIC ASSN SERVICE-ST.LIGHTS,WELL,CITY HALL 09/07/95 951 G WEBER: OIL COMPANY 4DZWILL LAW OFFIC OSTMASTER TOTAL FOF' MONTH TOTAL YEAR TO DATE FUEL AUGUST LEGAL POSTAGE FOR SURVEY 09/07/95 952 09/07/95 953 09/07/95 954 963.15 449.20 t , 524 .00 256.00 t� ♦ 31.J �7 430,717.66 FOR WHAT PURPOSE PATE. N' IMBEP _=:I M TO WHOPS PAI[ 2 EXHAUST CLAMPS 09/07;95 '�4G =TROPUL" AI'! GR VEL CC INC 'I I I' t 3b1. 09/07/95 942 3^_.07 .!APA OF ELK RIVER. INC OIL SEAL u i / i , 14- t �`_•IN REFUND DAM AGE DEPOSIT] 09/07/95 1944 400.00 -RIAri REIGHARD COFFEE & CUPS 09/07/9E J 4 5. T RE.,TAUF:ANT SUPPLY Durr L<0 09/07/95 947 44.16 -.AXON MOTORS INC NUTS LANDSCAPE TIMBERS 09/07/95 948 1 ,087 .58 SOUTH SIDE LUMBEF' COMPANY _ . nr, ir: < 7, lLit SERVICE -CITY HALL, GARAGE. 09/071/95 9509 4:6 . 14 WE •T COMMUNICATIONS (RIGHT-HENNEPIN CO-OP ELECTRIC ASSN SERVICE-ST.LIGHTS,WELL,CITY HALL 09/07/95 951 G WEBER: OIL COMPANY 4DZWILL LAW OFFIC OSTMASTER TOTAL FOF' MONTH TOTAL YEAR TO DATE FUEL AUGUST LEGAL POSTAGE FOR SURVEY 09/07/95 952 09/07/95 953 09/07/95 954 963.15 449.20 t , 524 .00 256.00 t� ♦ 31.J �7 430,717.66