Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
07-08-96 CC
CITY OF OTSEGO REQUEST FOR COUNCIL AC'T'ION AGENDA SECTION: DEPARTMENT: MEETING DATE 4.SPECIAL PRESENTATIONS: CITY CLERK July 8,1996 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 4.1,Debbie Carron - Re: Official .Appreciation Day Declaration Background: The Parks and Recs Commission have planned an official Appreciation Day for July 13, 1996 10 - 4PM. Debbie Carron asked that I give you the information I have regarding this celebration. More information will be forthcoming as to who and timeline. They will get this information to me after their next meeting. Debbie will be here to answer questions you may have. Debbie said that Phyllis suggested they have the Council declare this day "Official AMreciation Day". STAFF RECOMMENDATION: The Staff recommends that the Council review the plans we have received so far and get any questions they may have answered. Also declare this day "Official Appreciation Day". (July 13, 1996) Th ks, lain CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 4.SPECIAL PRESENTATIONS: CITY CLERK July 8,1996 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 4.2. Tim Smith -For Richard and Patty LeFebvre-Re: Party Room Addition Background: Richard and Patty LeFebvre, 9244 Parrish Ave NE, Otsego - They are interested in building onto their party room to accommodate their family for family get togethers. They had hoped to be able to have this done by September for their 60TH wedding anniversary. Their present zoning of their property where their home and party room are located is B-3. It would require a CUP to obtain this addition. They asked to appeal to the City Council for allowance of this addition as a "grandfathered in" use. (See Attached Information) Tim Smith is their builder and will be here to present his case and answer any questions. They have a son in a wheel chair and this room is more accessible to him. In researching this I found the foIIowing: 1. The property was rezoned to B-3 in 1991, to accommodate a home extended business of carpet sales. 2. the B-3 Zone does not accommodate single family dwellings (non -conforming). 3. The expansion of the party room is an expansion of a non -conforming use. 4. An appeal to the Council is allowed to determine interpretation of the ordinance. 5. The 1991 plans prepared by Meyer-Rohline show the "party room" building as a garage. 6. There is nothing in the file showing a party room CUP. STAFF RECONIMENDATION: The Zoning Ordinance requires a CUP for this use. The LeFebvre`s have the right to appeal the Staffs interpretation of the Ordinance. Bob Kirmis is here to help answer questions. Thank you, ;�eElaine n V 0 O �y C� N two CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION ORIGINATING DEPT. MEETING DATE FINANCE DEPARTMENT FINANCE JULY 8, 1996 ITEM NO: ITEM DESCRIPTION PREPARED BY 4A.1 CONSIDER RESOLUTION AWARDING THE SALE OF $655,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT P.Cokle �Ql IL At the June 10, 1996 City Council meeting the City Council approved a resolution providing for the issuance and sale of $655,000 General Obligation Improvement Bonds, Series 1996A. The bond proceeds are to fund the Mississippi Shores overlay project and the Island View Estates bituminous roadway project. The debt service will be paid by assessments to the benefiting properties of each of the improvements. At the June 10, 1996 meeting the City Council also authorized the City to obtain an investment rating from a municipal rating agency in anticipation of receiving at a minimum an "investment grade" rating for the bond sale. Proposals for the sale of the $655,000 General Obligation Improvement Bonds will be taken until 12:00 Noon on Monday, July 8, 1996 at the offices of Springsted. The official statement for this offering is attached for your information. The City requested a rating from Standard and Poor' Rating Services rather than Moody's Investors Service because Moody's was not interested in doing a "shadow rating" first. Standard and Poor's gave the City a BBB+ rating for this bond issue. This is very exciting for the City. The BBB+ rating is better than the minimum "investment grade" rating and will open up a whole new market of bond buyers. It is anticipated that the impact will be an interest rate of approximately 10 to 15 basis points lower than a non -rated issue. I have attached a copy of the Standard and Poor's analysis for your review in addition to a copy of information regarding rating agency comparisons and the rating used by each agency. The bids will be tabulated by Springsted, the recommendations and the necessary resolutions awarding the sale will be provided to the City Council by Mr. Paul Donna, Springsted, at the July 8th meeting. I have attached a copy of the resolutions for your reference. Paul Donna has also indicated to me that he will be prepared to discuss comparisons of the bond sale based on a BBB+ rating versus a non -rated sale. It is recommended that the City Council approve the resolutions and award the sale of the general obligation improvement bond issue to the bidder as recommended and presented by Springsted at the City Council meeting. G 07/02/96 17:30 0612 223 3000 SPRINGSTED X1002/002 JUL-02-19% 15:27 S & P New York 1 OTSEGO MINNESOTA Analysts: Ellen Hennessy 212.208-1819, Kevin D. Taylor 212-208-1910 RATING ASSIGNED $655,000 G.O. Imp. buds. ser. 1998A BBB+ OUTLOOK: STABLE E0bilgartlons g Term oral The rating on Otsego, Minn.'s bond: reflectsthecity'spro*nkytotheMMrrreapohs-St, Peu1 ecorromic bue srd a strong financial positiom counterbalanced by a invited local MUM I smell tax bap, and a high debt level. Otsego is within cointmning distance of the Twin Cities. and access could be improved with the pttding completion of the Highway 101 expansion in Wright County. The city's srrnploymmt bus Is shslow, sed agricufturs remains the dty'3 main WW M. However, population growth has been strong as residential der and is fueled by reasonable housing prices and the buildout of older, closer subwbs. Market vOm growth has &wraged 11% a yew for the last four Years on a 1185 rnillioa tax base. Wwhh and /+come indicstocs for the countY Ira below swap compated with the state, the MSA, and the nation. Canty unemployment rates have recently been below national and state hrefs. Fund balance levels us strong, with the general fund balance at 1320.000, or 44% of exppditures, at the end of fiscal 1995. The city maintains high reserves in the gareral fund to avoW short -tart borrowing before property tax revenues are received. According to conumtW budgeting proadtrra, the general fund balance is expected to be spghtly higher than the 1995 levet at the end of fatal 1896. Debt is high at $2,488 per capita and 3.2% of true value. However, pfirrcipsl wvwtaetiw h rood at 100% In 12 years, and debt service a sbl menages at about 6% of budget. In addition, some of the city's debt service is paid by special assessments. To provide sewer service to its residents, Otsego is considering the wrtstruttion of a joint wastewater treatment plant and truck sewer line with three other coraTwAin. The cost to the city would be 18 million, and the Project would be bWt tate in 1998 or in 1949. Provision of sawn services would help to attract further rsWerttisl and industrial development to the city. The City las few other capital rteeds- OUTLOOK The outlook is based on the city's strong fund below levet/ and its proxkMy to the Twin Cities economic base Munici al Bond Essentials Credit Rating Process 4 Purpose ' Provides an understandable measure of the degree of risk of an issuer's securities. Ratings are used by investors to aid them in making investment decisions. Rating Agencies • Moody's Investors Service • Standard & Poor's Ratings Services • Fitch Investors Service Moody's(a) S&P(b) Fitch(b) Highest Aaa AAA AAA Aa AA AA A A A Lowest (Investment Grade) Baa BBB BBB (a) Bonds in the Aa, A and Baa groups which Moody's believes possess the strongest investment attributes are designated by the addition of the numeral one (1). (b) The ratings from "AA" to "BBB" may be modified by the addition of a plus or minus sign to show relative standing within the major rating categories. Factors Affecting Credit: • Debt management J Administrative Issues • Financial performance • Economic base/position � What is a credit rating worth? 2 SPRINGSTED Page 15 • Extract of Minutes of Meeting of the City Council of the City of Otsego, Wright County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Otsego, Minnesota, was duly held in the City Hall in said City on Monday, July 8, 1996, commencing at 6:30 o'clock P.M. The following members were present: and the following were absent: The Mayor announced that the next order of business was consideration of the proposals which had been received for the purchase of the City's $655,000 General Obligation Improvement Bonds, Series 1996A. The City Clerk presented a tabulation of the proposals which had been received in the manner specified in the Terms of Proposal for the Bonds. The proposals were as follows: DJK106803 TS105-♦ 0 After due consideration of the proposals, Member then introduced the following resolution and moved its adoption: RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF $655,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Otsego, Wright County, Minnesota ( City) as follows: Section 1. Sale of Bonds. 1.01. Theproposalof (Purchaser) to purchase $655,000 General Obligation Improvement Bonds, Series 1996A (Bonds) of the City described in the Terms of Proposal thereof is hereby found and determined to be a reasonable offer and is hereby accepted, the proposal being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year of Interest Year of Interest Maturity Rate Maturity Rate 1998 2003 1999 2004 2000 2005 2001 2006 2002 2007 True interest cost: 1.02. The sum of $ being the amount proposed by the Purchaser in excess of $645,175 will be credited to the Debt Service Fund hereinafter created. The City Clerk is directed to deposit the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers forthwith. The Mayor and City Clerk are directed to execute a contract with the Purchaser on behalf of the City. 1.03. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Chapter 429 (Act) in the total principal amount of $655,000, originally dated August 1, 1996, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing serially on February 1 in the years and amounts as follows: DJK106803 T8105-4 Year Amount Year Amount 1998 $60,000 2003 $50,000 1999 75,000 2004 50,000 2000 80,000 2005 50,000 2001 85,000 2006 55,000 2002 90,000 2007 60,000 1.04. Optional Redemption. The City may elect on February 1, 2004, and on any day thereafter to prepay Bonds due on or after February 1, 2005. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) 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. Prepayments will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 1997, to the registered owners of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (Registrar) . The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the DJX106803 T8105-4 registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds, sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 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 registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints Minnesota, as the initial Registrar. The Mayor and the City Clerk are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Officer must transmit to the Registrar monies sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the City Clerk and executed on behalf of the City by the signatures of the Mayor and the City Clerk, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Clerk will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds will be printed in substantially the following form: [ Face of the Bond] No. R- UNITED STATES OF AMERICA $ STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF OTSEGO GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1996A Date of Rate Maturity Original Issue CUSIP August 1, 1996 Registered Owner: Cede & Co. The City of Otsego, Minnesota, a duly organized and existing municipal corporation in Wright County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to or registered assigns, the principal sum of $ on the maturity date specified above with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing August 1, 1997, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by 'Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2004, and on any day thereafter to prepay Bonds due on or after February 1, 2005. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify Depository Trust Company (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. Prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265 (b) (3 ) of the Internal Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. Additional provisions of this Bond are contained on the reverse hereof and such provisions for all purposes have the same effect as though fully set forth in this place. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Otsego, Wright County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Clerk and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF OTSEGO, MINNESOTA ( Facsimile) (Facsimile) City Clerk Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative [ Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of $655,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on July 8, 1996 (the Resolution), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal hereof and interest hereon are payable primarily from special assessments against property specially benefitted by local improvements as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing, upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota, to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Cust) (Minor) TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act . . . . . . . . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature (s) must be guaranteed by a [ member of the Medallion Signature Program. [ national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. ] The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account. ) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Signature of [Officer of Registrar] Date of Registration Registered Owner [ City] Cede & Co. Federal ID #13-2555119 3.02. The City Clerk is directed to obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on or accompany each Bond. The City Clerk is authorized and directed to execute the certificate in the name of the City upon receipt of the opinion and to file the opinion in the City offices. Section 4. Payment; Security; Pledges and Covenants . 4.01. (a) The Bonds are payable from the Improvement Bonds, Series 1996A Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of special assessments (Assessments) levied or to be levied for the improvements described in the resolution authorizing the sale of the Bonds ( Improvements) financed by the Bonds are hereby pledged to the Debt Service Fund. If a payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the Finance Officer is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for the advances out of the proceeds of Assessments when collected. There is appropriated to the Debt Service Fund (i) capitalized interest financed from Bond proceeds, if any, (ii) any amount over the minimum purchase price paid by the Purchaser, and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. (b) The proceeds of the Bonds, less the appropriations made in paragraph (a) , together with any other funds appropriated for the Improvements and Assessments collected during the construction of the Improvements will be deposited in a separate construction fund (which may contain separate accounts for each Improvement) to be used solely to defray expenses of the Improvements and the payment of principal and interest on the Bonds prior to the completion and payment of all costs of the Improvement. Any balance remaining in the construction fund after completion of the Improvements may be used to pay the cost in whole or in part any other improvement instituted under the Act. When the Improvements are completed and the cost thereof paid, the construction account is to be closed and subsequent collections of Assessments for the Improvements are to be deposited in the Debt Service Fund. 4.02. It is hereby determined that the Improvements will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 1997 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assessments the City Council will levy ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, monies on hand and, the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.03. It is hereby determined that the estimated collections of Assessments and interest thereon for payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.04. The City Clerk is authorized and directed to file a certified copy of this resolution with the County Auditor of Wright County and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown the books and records in their custody and under their control, relating to the alidity and marketability of the Bonds, and such instruments, including any (c) the reasonably anticipated amount of tax-exempt obligations ( other than any private activity bonds that are not qualified 501(c) (3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 1996 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 1996 have been designated for purposes of Section 265(b) (3) of the Code. 6.05. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book -Entry System; Limited Obligation of City. 7.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC) . Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 7.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar,) of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Clerk of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Clerk will promptly deliver a copy of the same to the Bond Registrar and Paying Agent. 7.03. Representation Letter_ . The form Blanket Issuer Letter of Representations letter proposed to be submitted to DTC, which is on file with the Treasurer and presented to this meeting (Representation Letter), is hereby approved, and the City Clerk is authorized to execute and deliver the Representation Letter in substantially the form on file, with such changes therein not inconsistent with law as the City Clerk and the City Attorney may approve, which approval will be conclusively evidenced by the execution thereof. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book -Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificates, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Bond Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereof will apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. In order to qualify the Bonds for limited continuing disclosure under paragraph (d) (2) of Securities and Exchange Commission Rules, Section 15c2-12 (the SEC Rule), the City makes the following factual statement and representation: As of the date of delivery of the Bonds, the City will not be an obligated person (as defined in paragraph (f) of the SEC Rule) with respect to more than $10,000,000 in aggregate amount of outstanding municipal securities, including the Bonds and excluding municipal securities that were exempt from the SEC Rule pursuant to paragraph (d) (1) thereof. 8.02. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 8.03. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Clerk and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY AUDITOR'S CERTIFICATE AS TO COUNTY OF WRIGHT REGISTRATION WHERE NO AD VALOREM TAX LEVY I, the undersigned County Auditor of Wright County, Minnesota, hereby certify that a resolution adopted by the City Council of the City of Otsego, Minnesota, on July 8, 1996, relating to General Obligation Improvement Bonds, Series 1996A, in the amount of $655,000, dated August 1, 1996, has been filed in my office and said obligations have been registered on the register of obligations in my office. WITNESS My hand and official seal this day of (SEAL) County Auditor Wright County, Minnesota By Deputy . 1996. AWARD: SALE: 85 E. SEVENTH PLACE, SUITE 100 SAINT PAUL, MN SS101-2143 612-223-3000 FAX: 612-223-3002 fz SPRINGSTED Public Finawe Advisors $655,000 CITY OF OTSEGO, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996A (Book Entry Only) DAIN BOSWORTH INCORPORATED July 8, 1996 Standard & Poor's Rating: BBB+ (Continued) SAINT PAUL, MN MINNEAPOLIS, MN BROOKFIELD, WI OVERLAND PARK, KS WASHINGTON, DC IOWA CITY, IA Interest Net Interest True Interest Bidder Rates Price Cost Rate DAIN BOSWORTH INCORPORATED 4.60% 1998 $645,338.75 $204,540.00 5.5331% 4.75% 1999 4.90% 2000 5.00% 2001 5.10% 2002 5.20% 2003 5.30% 2004 5.40% 2005 5.50% 2006 5.60% 2007 JURAN & MOODY, INC. 4.60% 1998 $645,338.75 $206,831.25 5.5917% 4.70% 1999 4.85% 2000 5.00% 2001 5.15% 2002 5.30% 2003 5.40% 2004 5.50% 2005 5.60% 2006 5.70% 2007 JOHN G. KINNARD & COMPANY 4.50% 1998 $645,306.00 $207,704.00 5.6154% INCORPORATED 4.75% 1999 4.95% 2000 5.05% 2001 5.15% 2002 5.25% 2003 5.40% 2004 5.55% 2005 5.60% 2006 5.75% 2007 (Continued) SAINT PAUL, MN MINNEAPOLIS, MN BROOKFIELD, WI OVERLAND PARK, KS WASHINGTON, DC IOWA CITY, IA City of Otsego, Minnesota $655,000 G.O. Improvement Bonds, Series 1996 Current Interest Rate Market Comparison Prepared by: Springsted Incorporated (7/8/96) Bookl City of Otsego, MN City of Chanhassen, MN S & P Rating: BBB+ S & P Rating: A - Year Yield Yield Difference 1998 4.60% 4.50% 0.10% 1999 4.75% 4.65% 0.10% 2000 4.90% 4.80% 0.10% 2001 5.00% 4.90% 0.10% 2002 5.10% 5.00% 0.10% 2003 5.20% — n/a 2004 5.30% — n/a 2005 5.40% — n/a 2006 5.50% — n/a 2007 5.60% — n/a Prepared by: Springsted Incorporated (7/8/96) Bookl ON m 7.5 7.0 6.5 .• 5.5 5.0 4.5 07/04/91 Bond Buyer Index Previous Five Years to Present 07/01/93 07/02/92 06/30/94 06/29/95 06/27/96 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 4.SPECIAL PRESENTATIONS: CITY CLERK July 8,1996 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: Ea,CC 4.3. Ted Fields information on sanitary sewer: A. Resolution Accepting Feasibility Report B. Discussion of Land, Legal and Engineering recommendations and Community Meeting date. Background: The Cities of Dayton and Otsego and Township of Frankfort have been working together for the common goal of a joint sewer facility (regional treatment plant). The final report has been received and we now need to determine if we agree with the report and if we want to go forward. Ted Fields will be here with a Resolution and will be able to answer questions. Resolution is for Council to consider. The discussion of land for plant brainstorming and legal counsel, and engineering recommendations and the setting of a date for a community meeting all need to be considered. Discussion should be had on all of the above. For your information, Frankfort Town Board continued their decision on the regional plant until two weeks from 7/1/96. They may not want to be a part of this now, as it looks like the annexation into St Michael and settlement agreement with Albertville and Otsego will take place. They felt they needed time to work the settlement out first and see where they stand. Ted Fields was at their meeting and can address this further. I was not at the sewer sub -committee meeting because of the 4 - community meeting was on the same night. Attached are the Sub -Committee Minutes done by Judy Hudson dated June 27, 1996. Attached is a Resolution and letter from Ted Fields. STAFF RECOMMENDATION: Consider the Resolution attached. Discussion and decisions as to timeline for the above and agreement by Council as what needs to be done and when. Thank you, Elaine 0 RESOLUTION NO. CITY OF OTSEGO RESOLUTION ADOPTING FACILITIES PLAN WHEREAS, the Cities of Otsego and Dayton along with the Township of Frankfort have had a Joint Wastwater Treatment Plan Prepared, and WHEREAS, the City of Otsego has adopted the Facilities Plan containing a recommendation for a joint treatment facility to serve the three communities, at it's , 1996 City Council Meeting. Voting For: Voting Against: NOW THEREFORE; The City of Otsego will forward a copy of this Resolution to the MPCA, Water Quality Division, Attn: Ms. Joellen Rumley, who will be reviewing the Facilities Pian.. Dated this day of 51996. CITY OF OTSEGO: NORMAN F FRESKE, MAYOR ATTEST: ELAINE BEATTY, CITY CLERK (CITY SEAL) 80NESTR00 ASSOCIATES Bonestroo Rosene Anderlik & Associates Engineers the Architects July 2, 1996 City of Otsego 8899 Nashua Avenue Otsego, MN 55330 Attn: Ms. Elaine Beatty Re: Wastewater Treatment Study Our File No, 50301 Dear EIaine: 1 6126361311 07/02/96 17:05 15 :02 NO:477 Rnne.ilruu, Rutwte, AndCrllk "Attncwrr-), hu. is .ot Alrirrnative ACtlon/E'qual 0/7nnMinity Frrysloyer PnnCtpals: Oita 6 Eianeutuu, f:C. • Joseph C. Anderlik. PF . Marvin 1. Sot Ma. CC. - Rit harp e. Turner, F.E. • Grcnn R. Ccwk, P.C. • Thomas E. Noyes. PE • Robrtl c:• St hurlit nl, PE. . Jerry A. Ruurdun, PC. • Robert W. Rnsrnr,. PF. and Sus.rn M. Martin, C.P.A., Senior Constdtants Auti'ti.+te PrnxtpAli: Howard A. S,tnratd, t'C. • Keith A. Gordon, 8t. • Robert R Pfefferle. CC. - Richard W. ro.tw. PC • David U Loskntrt. PF. • Rabnet C. Russell, A.LA. • Mark A Hunson, PF • Michael 1. Kat.ttmdnn. CF. • Ted K.Rield, F.E. torriiel. St. Paul and Koch�%tl% MN • Mequon, WI 0eA 1psn_�rrrny As we complete the Facilities Plan for the regional treatment plant, we wish to raise an issue pertaining to our contracted scope of services and attendance at meetings beyond the scope of services. We wish to provide the best assistance to all three communities participating in the project, and attending all meetings at which wastewater issues are discussed is certainly part of that assistance. At the same time, when we prepared our proposal for the Facilities Plan, we based our scope of services on attending a specific number of progress meetings which were instrumental to the project's success. By our proposed scope of services, the last meeting was to have been the 4th Task Force meeting held on June 27, when the final report was presented to representatives of the three communities. On June 17, Tom Noyes attended a special meeting in Otsego to discuss annexation issues, and on July 8 I will be attending a regular Council meeting to assist in the Council's decision to endorse the Facilities Plan. We feel that we make a valuable contribution to these meetings. However, attendance at these meetings was not included in our scope of basic services because their need could not be foreseen at the time. We ask that the council recognize the value of our assistance and consider compensating us for our attendance at these meetings. The amount of time we would bill as additional services would be 2 1/2 hours for each meeting, at the prescribed rates included in our contract with the City. Thank you for your consideration of this matter, 2335 West Highway 36 ■ St. Paul, MN 55113-3898 ■ 612-636-14600 BON ESTROO ASSOCIATES iff 6126361311 07/02/96 17:055 :03 NO:477 Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. 1,v4K� Ted K. Pield Project Manager CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA DAYTON-OTSEGO-FRANKFORT FOURTH PROGRESS MEETING WASTEWATER STUDY JUNE 27, 1996 7 P Otsego Mayor Norman F. Freske called the meeting to order at 7:06 PM. Roll Call: Representatives from Otsego: Norman F. Freske, Mayor; Ron Black, Councilmember; Representatives from Dayton: Phil Forseyth, Mayor; Shirley Slater, City Clerk. Representatives from Frankfort: Andy Block, Supervisor; Sherry Benning, Clerk. Bonestroo, Rosene, Anderlik & Associates: Ted Fields, Engineer. Otsego City Staff. Phyllis Cokley, Director of Business/Finance and Judy Hudson, Deputy Clerk. Also attending where members of Otsego's EDAAC: LeRoy Lindenfelser, Liz Wilder and Dave Sederberg. Ted Fields went over the following items with the Sewer Committee. I. Approve and submit Facilities Plan to MPCA a. Bonestroo will respond to MPCA review comments b. MPCA has already finalized effluent limits (see attached letter) 2. Description of Recommended Project a. Activated sludge plant with 400,000 gpd capacity, expandable to 722,000 gpd in 2nd phase; 3rd phase is possible Mr. Fields noted the first phase is estimated to last for ten (10) years. b. Estimated construction cost; $3.8 million (total project cost) C. Capacity is shared: 1. Otsego: 58% 2. Dayton: 27% 3. Frankfort: 15% 3. Next steps in the Project. a. Initiate final siting process 1. 10 acres required 2. Adjustment in the selected site may be necessary 3. Retain engineering, Realtor, and legal assistance b. Initiate organization of owner/operator for the facility 1. Retain legal counsel 2. Facility plan approval requires that type of organization be declared. Mr. Fields said the PCA needs a statement of intent and he recommended to start this immediately. C. Prepare Environmental Assessment Worksheet (EAW) 1. Site must be finalized 2. Capacity of 1st Stage must be established 3. Complete by October 1, 1996 to be placed on funding list and as of this date the PCA finalizes their construction for the next six (6) months. Mr. Fields said the most promising funding program is the State Revolving Loan. The rate of interest is low (currently around 4%) which is variable depending on need and household income. Another new program, just started in 1996, is the Wastewater Infrastructure Fund. This is for grants for non metro projects, not much money in this program and there is a waiting list. There is a need to get on this list ASAP. Phil Forseyth talked about the CDBG Pool going on in Hennepin County and is just for Hennepin County. Shirley Slater talked about the Small Cities Funding Program. Ted Fields said the approval of the Report is needed to send on to the PCA. Ron Black motioned to recommend for the City of Otsego, Town of Frankfort and City of Dayton to accept the Wastewater Treatment Facilities Plan, dated June 1996, File No. 50301, prepared by Bonestroo Rosene, Anderlik & Associates. Seconded by Phil Forseyth. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: Mr. Fields said the PCA will require a letter by the Committee. Ron Black stated the City of Otsego will prepare and send this letter of acceptance by the Committee. Legal Counsel Selection This needs to be done now and Shirley Slator will check with the League of Minnesota Cities. Otsego will check into the law firms the Center City Area used. The Committee agreed to use a legal firm that is not currently being retained by any of the communities involved. Site After discussion, the Committee decided a Otsego Council Member (s) will contact several landowners in the site area and determine what landowners would be willing to enter into discussions. After this, an appraisal can be done. Ted Fields said the EAW takes about one month to do and all this needs to be kept moving. LeRoy Lindenfelser asked if the $70,000 for the land acquisition of 10 acres. Mr. Fields said yes. Liz Wilder asked why the site was reduced to 10 acres from 80 acres. Mr. Fields replied the 80 acres was the original identifiable amount. The reason was that only one sewer plant option required 80 acres and the Plant Option which was selected needs only 10 acres. He also pointed out the 10 acres is large enough to handle all three phases and also includes buffers. There was further discussion of the site identified was on high ground and for the study they looked at the lower side (eastern). They will be looking if there are parcels selected with lower elevations and closer to the river. Ted Fields will also check into if there would be a problem with Council involvement in land purchase versus having a Realtor, because of Federal Grant Money involved Mr. Fields also noted the reason with getting legal counsel on board with these types of issues and concerns. Engineering Firms. After discussion the Committee agreed all should go back to their Councils/Board for a recommendation on the Engineering Firm. They agreed it is too late for a bidding process. The same three firms previously interviewed should give a two page memo and come back in to the Committee. A letter should be sent to the three engineering firms and have them attend the next meeting, July 17, at Dayton. The Engineering Firm will be selected by the Committee. Other agenda items for the Councils/Board: Resolution Land brainstorming Legal Recommendation Engineer Recommendation Shirley suggested for all three communities to use the same Resolution. Ted Fields will prepare one. Plant Owner, Sewer District, Joint Powers Agreement. Mr. Fields stated if a board is formed, their only purpose and focus is the Treatment Plant. They become very knowledgeable on plants. The members are either elected or appointed that live in the district. They have funding authority and the right to set fees. After discussion of different structures, the Committee agreed that this issue would require a meeting with the legal counsel who can gives the pros and cons of each. Ron Black motioned to adjourn. Seconded by Shirley Slater. All in favor. Motion carried. (Discussion occurred between the motion being made and the actual vote) Discussion: Ted Fields stressed the October 1, 1996 deadline and the communities will need to address the above issued at their next meeting. Meeting adjourned at 8:05 PM. CITY OF TSEGO 8899 Nashua Avenue N.E. ON THE GREAT RIVER ROAD (612) 441-4414 Elk River, MN 55330 Fax: (612) 441-8823 July 2, 1996 Mayor Norman F. Freske Councilmember Suzanne Ackerman Councilmember Ronald Black Councilmember Larry Fournier Councilmember Vern Heidner City of Otsego 8899 Nashua Avenue N.E. Elk River, Minnesota 55330 Dear Mayor and Council Members: The Wastewater Treatment Facilities Plan as prepared by Bonestroo Rosene Anderlik & Associates was again reviewed and discussed by the Economic Development Authority Advisory Commission at their July 1, 1996 meeting. The implementation timeline as discussed by the sewer sub -committee and Mr. Ted Fields of Bonestroo Rosene Anderlik & Associates at the joint meeting June 27, 1996 is of great concern to the EDAAC. The EDAAC approved the following motion requesting that the City Council review all alternatives including analysis of the data and financial projections before proceeding onward with the project. The EDAAC, having in mind the shortness of time available for a meaningful analysis of the Bonestroo Facilities Plan Report and the financial feasibility of the suggested joint plan, hereby strongly recommends that the City of Otsego before taking further action on the Facilities Plan, requests that the Planning Commission, the EDA and the City Council thoroughly explore all possible alternatives available to the City and shall secure independent analysis of both the engineering data and the financial projections contained in the Plan. Particular attention should be given to the financial resources available to the City and the ramifications of the 1.overbonding" to meet initial cash flow shortages as recommended in the Bonestroo report. After the EDAAC's initial review of the report in a joint meeting with the City's financial advisor, Mr. Paul Donna from Springsted, a memorandum dated June 26, 1996 was addressed to the City's representatives to the sewer sub -committee expressing the EDAAC's concerns regarding the Wastewater Treatment Facilities Plan. I have attached a copy of that memorandum for your reference as well. Mayor and City Council July 2, 1996 Page 2 Thank you for your consideration of the EDAAC's motion and concerns regarding the Facilities Plan in your decision making processes. Sincerely, c �6air Liz Wer, Economic Development Authority Advisory Commission cc: Elaine Beatty, City Clerk/Zoning Administrator Phyllis Cokley, Business/Finance Director Enc. MEMORANDUM TO: Mayor Norman F. Freske Councilmember Ronald Black Councilmember Vern Heidner FROM: Economic Development Authority Advisory Commission DATE: June 26, 1996 SUBJECT: Wastewater Treatment Facilities Plan -June 1996 As requested by the Economic Development Authority in January 1996, the EDAAC has reviewed the Wastewater Treatment Facilities Plan dated June 1996 as prepared by Bonestroo Rosene Anderlik & Associates. This review was done in conjunction with the City's Financial Advisor, Springsted on June 17, 1996. While charged with exploring financing options, the EDAAC has additional concerns regarding this report. The issues of concern are as follows: 1. Are growth projections, construction costs and userlhookup revenues realistic? Time must be allowed for complete analysis of these issues before incurring substantial additional expense. 2. The city's comprehensive plan is not compatible with the Facilities Plan. When and to what extent will the revisions be completed? 3. Land cost in the Facilities Plan is $70,000. In light of current land prices in the area this is not realistic. 4. This report should be reviewed by another engineering firm. This is particularly important in view of the shortness of time between delivery of the report and request for formal action by the engineering firm. 5. The Bonestoo report at page 46 states "the treatment facility must be owned by an organization to which an effluent discharge permit will be issued". It then lists a few of the various types of organizations that can be utilized to provide the service. Otsego should thoroughly explore these available options before committing to any type of ownership. We have attached a copy of a newspaper article describing Corcoran's attempts to deal with this issue of ownership. 6. Water and sewer projects are generally addressed as one improvement. Is the city planning for the provisions of water trunk lines, water sources, and water storage? What is the status of this plan? 7. The EDAAC recommends that the City Council conduct informational "Town Meetings" addressing: A. The inclusion of water trunk lines at the same time sewer trunk lines are installed. B. The history behind the authorization of the feasibility study for a wastewater treatment facility, financing processes, and consideration of community concerns and questions. C. Why the decision to proceed with a joint regional plant versus a single community plant was made. Since low interest loans from the Public Facilities Authority are available to any statutory city or other governmental subdivision having primary responsibility for wastewater treatment, it isn't necessary to have a joint community project to secure this type of financing. Additionally it appears that the joint project places the wastewater treatment plant at a site that increases costs to the City of Otsego, despite Otsego's majority utilization of the plant in comparison to Dayton and Frankfort. 8. What are the possible effects of Green Acres classification on the cash flow projections? 9. Providing capacity and quality standards for high strength industrial users. 10. The Bonestroo report recommends "overbonding" to meet cash shortages in early years of debt service. Is this a charge against the general fund? In the discussion with Paul Donna of Springsted it appears that the Public Facilities Authority financing is the best vehicle for financing the project. If the project is to move forward, this method of financing should be pursued in a timely manner. The EDAAC feels this is a very important issue facing the City of Otsego and is integral to its future growth and development. The EDAAC requests all information throughout the decision making processes and will be available to continue working on this project. Enc. cc: Councilmember Larry Fournier Councilmember Suzanne Ackennan Finance Director, Phyllis Cokley City Clerk/Zoning Administrator, Elaine Beatty 1 ,Vterg by Aaron Brom The Corcoran City Council h d from resident Paul Jacobson a p - posal for a privatized, rural sew r cooperative. It authorized city staff to mee with Jacobs and his constituents td learn more about the proposal. Jacobs, of the University of Min- nesota Rural Technology and Co- operative Development (CRTCD) is the director of a Hennepin Rural Utilities Co-op (HRUC) that is comprised of Corcoran residents. This and other action took place at the Thursday, June 13 meeting. u e nj� ative sewer propos DOWNTOWN Jacobs first approached the city at the last council meeting in response to the Corcoran having approved a sewer study for the downtown area. The - -• wants sewer there to en - cot businesses to locate in Corcv,an. "We've found in :the out -state area an economic problem of not being able to afford sewer," Jacobs said. He explained that he and resi- dents Arnie Kral, Anthony Rupert, Tom Gleason and William Reiss formed the HRUC and filed a char- ter with the state. He said the pur- pose is to deliver affordable sewer service to residents via a member - owned co-op that assumes legal re- sponsibility for members' waste- water treatment. Jacobs said he is asking the city for a resolution authorizing the co- op to work with city staff to pursue privatized voluntary utility service within Corcoran. CHEAPER Jacobs cited an example in Grand Meadow where the city was pre- paredto spend $3.4 million on a new wastewater treatment facility but ended up spending $400,000 on alternative options. "Our goal in creating HRUC is to avoid costly assumptions that are speculative in nature and unsup- ported by any serious planning ef- fort," Jacobs said. A team of engineers, consultants and lawyers affiliated with the HRUC were also present and a number of them spoke to the coun- cil. Lawyer and policy consultant CONSULTANTS John Kingstead of the HRUC said a The co-op cited press number of co-ops are providing sewer options for the dow sewer service throughout the coun- area, opposed to gravity sew try. "What we're proposing here is cheaper cost. "Getting tight a franchise agreement with the of the engineering consultar. city," Kingstead said. `The co-op contractors is a professional offers on-going management to ad- quiring full-time effort dress failing septic systems." privatized, member -owned Co-op supporter Pete Gillen of service," Jacobs said. the Minnesota Pollution Control Councilor George Gmac Agency (PCA) said the point of the fered his input into the co -or co-op is to offer management and "I think there's probably organization for wastewater treat- merit in this proposal," he ment in smaller communities at a "But there's a danger that the cheaper cost than urbanized sani- of confusion on these sewer o- tary sewer. might rise to the point that F Speaking on the downtown area, won't be able to make a deci. city planner Gary Eitel asked Speaking for the co-op, enc Gillen,. "How does this relate to Mike Moodie reviewed grow commercial -industrial," he said. tions for the Twin Cities metr" "Can we put industrial -commercial as identified by the Metrop� waste into the ground. I don't think Council. He said none of the g: you can." options specify residential or mercial-industrial developme EREA':.files criminal e o m Corcoran anytime soon. p l a n t But Mayor Frank Larkin mented that a lot of commut against EIk River s e h o.o I board,.,,, like Corcoran control grown themselves, without the help c on of the Met Council. "What does Corcoran s Larkin questioned. "We saic don't want more people." He the city thus zoned to disallow 4 density development. The council heard out all th formation the co-op offered an. thorized city staff to meet wit, op representatives and report ` at the next meeting. Gillen said laws specify point but reiterated there are ety of ways to pursue was; treatment. by Aaron Brom The Elk River Education Associa- tion (EREA) filed a criminal com- plaint Monday, June 10 against the Elk River School Board. The EREA conducted an emer- gency meeting on that date and unaniniously approved filing a criminal comliluint with the Sherburne County attorney, alleging ;hc board intentionally erased audio ;ape wo closcd', school board neet The meetings in qugstion occurred n January and were ,called to con- ,ider a tentative settlement with the '.kEA, the ,arnc ,cit lemcnt of which vas I:tcr rejected by the board. At Ow ,n,• „I r: D r: A based on an independent EREA fo- rensic audio analysis, the negotia- tions teams recommended criminal charges be brought relating to eras- ing the tapes. EREA President Steve Vevea also believed bringing charges against the board is appropriate. "The situa- tion is there's supposed to be public information that was not available," Vevea said. "The forensic expert said there is a great deal of evidence the tapes were erased. What I really want to know is what happened at those meetings." Elk River Supt. Dr. David Flannery does not believe any crimi- nal misdoings were committed by the school board. closed school board meetings," Flannery said. "Once a negotiation was met between the board and EREA, anyone had the right to hear those tapes. Two or three of those tapes are inaudible, but we believe it's because the tape machine mal- functioned. The teachers don't want to accept that." Flannery said he is aware the EREA brought in a forensic audio analyst to analyze the tapes. "The EREA brought in an expert who con- cluded the tapes were erased," Flannery said. 1 don't belive that and I don't know what evidence they have." He said it is up to the county attor- ncy to file criminal charges and that In other action, the council: APPROVED the Livable C munities Draft Action Plan. AUTHORIZED planning c mission consent items, includi conditional use permit (CUP) 3,200 -square -foot accessory bL, ing for Alan and ]can McMorran, a CUP for a 3, square -foot accessory buildinr Date of Declaration DJK105666 T8105-4 EXHIBIT A TO OFFICIAL INTENT RESOLUTION ADOPTED Description of Project Maximum Principal Amount of Debt for Project CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION ORIGINATING DEPT. MEETING DATE CONSENT AGENDA FINANCE JULY 8, 1996 ITEM NO. ITEM DESCRIPTION PREPARED BY 6.1 CONSIDER RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF OTSEGO TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY P.Cokley Some years ago the Internal Revenue Service issued a regulation stipulating that proceeds from tax- exempt bonds used to reimburse prior expenditures must meet certain requirements. That is, the proceeds can only be used for expenditures necessary for the improvement project. In most cases regarding improvement bonds, certain expenditures, i.e. engineering fees, surveys, etc. are expended prior to bonds issued and proceeds received by the City. The City must declare the intent to use the proceeds to reimburse those expenditures prior to the bond sale. The attached resolution is the official declaration of the intent to reimburse certain expenditures for the improvement project expended prior to bond proceeds received. The resolution need only be adopted once, and as projects are identified, they will be listed on Exhibit A of the resolution. It is recommended that the City Council approve the attached resolution declaring the official intent of the City of Otsego to reimburse certain expenditures from the proceeds of bonds to be issued by the city. Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. 96 - RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF OTSEGO TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Treas. Reg. 1.150-2 providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO (THE "CITY") AS FOLLOWS: 1. The City reasonably intends to make expenditures for the project described in Exhibit A (the "Project"), and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in the maximum principal amount described in Exhibit A. 2. The City Finance Director is authorized to designate appropriate additions to Exhibit A in circumstances where time is of the essence, and any such designation shall be reported to the Council at the earliest practicable date and shall be filed with the official books and records of the City as provided in Section e. 3. This resolution is intended to constitute a declaration of official intent for purposes of Treas. Reg. 1.150-2 and any successor law, regulation, or ruling. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was passed this 8th day of July 1996. Norman F. Freske, Mayor ATTEST: Elaine Beatty, City Clerk/Zoning Admin. CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION ORIGINATING DEPT. MEETING DATE CONSENT AGENDA FINANCE JULY 8, 1996 ITEM NO: ITEM DESCRIPTION PREPARED BY 6.2 CONSIDER SETTING CITY COUNCIL WORKSHOP DATES TO REVIEW A PROPOSED CAPITAL IMPROVEMENT PROGRAM AND THE 1997 PROPOSED BUDGET P.Cokle Administration, the Park and Recreation Commission and the Public Works Committee have been working on a five year capital improvement program for the City. Each committee will present their recommendations to me from which I will prepare a five year CIP document for your review, comments and consideration. I would recommend scheduling a workshop meeting to review the draft document, to make additions, deletions and corrections prior to final approval by the City Council. The Capital Improvement Program is the first step in the budgeting process for 1997. From the CIP, the 1997 capital requests are incorporated into the 1997 budget. Budget worksheets will be available to the various departments the week of July 15th. The worksheets will include the revenues and expenditures through June, will require revenue and expenditure projections through the end of 1996 and projections for 1997. The proposed levy must be certified to the County Auditor by September 15, 1996, therefore I would recommend that the City Council consider the proposed levy at their September 9, 1996 regular scheduled City Council meeting. It is my recommendation that the City Council schedule a CIP workshop session for Wednesday July 24, 1996 and two budget worksessions in August. The workshop sessions in August should be scheduled approximately one week apart to allow for research and corrections necessary between the two meetings. I would suggest Wednesday August 14th and Wednesday August 28th as possible meeting dates. CITY OF OTSEGO UEST FOR COUNCIL ACTION It AGENDA SECTION: DEPARTMENT: MEETING DATE II R7.BOB KIRMIS, ASST. CITY PLANNER PLANNER July 8,1996-6:30PM N ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC rf�_x 7.1—Paul Levenson and Jerome M and Lynn R Grote request for the following: 1. A Comprehensive Plan Amendment to the land use plan from Agricultural to Low Density Residential 2. Rezoning from A-1 to R-3 Background: These two resident have adjoining lots which are approximately 10 acres total. With the #101 project being done, they are splitting the two lots with a road. Paul Levenson and Jerome and Lynn Grote wish to split each of their lots to be able to sell a lot each and each have a lot with their present homes on it. They are located West of #101 and South of 62nd Street. They are presently zoned A-1 Agricultural. They will need a Comprehensive Plan Amendment to the land use plan to allow rezoning from A-1 to R-3. The Planning Commission made the following motion: Eugene Goenner motioned to amend the Comprehensive Plan from A-1 Agricultural to Low Density Residential. Seconded by Ing Roskaft. Richard Nichols, Arleen Nagel and Carl Swenson opposed. Ing Roskaft and Eugene Goenner voted in favor of the motion. Motion failed 3 to 2. Gene Goenner noted that if he had voted for the rezoning he would have voted against it. Attached is both a Findings of Fact and Resolution for AM -royal and Denial because of the difference of Qpinion on the Planning Commission and the split vote of 3 to 2 STAFF RECOb24ENDATION : The Staff feels this would be a premature split as the planning and change to the immediate service area have not been done in conjunction with the sewer service. We still have the immediate area service plan reflecting the fact that we were to receive sewer service from Elk River. Thanks, E aine r� FCA Northwest Associated Consultants, Inc. C O M M U N I T Y PLANNING • DESIGN • MARKET R E S E A R C H MEMORANDUM TO: FROM: DATE: RE: FILE NO: Otsego Mayor and City Council Bob Kirmis 1 July 1996 Otsego - Levenson/Grote Comprehensive Plan Amendment/ Rezoning 176.02 - 96.10 Attached please find the following items pertaining to the Levenson/Grote Comprehensive Plan Amendment/Rezoning request: 1. Resolution approving an amendment to the Comprehensive Plan. 2. Findings of Fact - Rezoning approval. 3. Zoning map amendment. 4. Findings of Fact - Rezoning denial. Please note that the Planning Commission recommended denial of the request (on a split vote) at their 19 June meeting. This item is scheduled for City Council consideration on 8 July. PC: Elaine Beatty Andy MacArthur Larry Koshak 5775 Wayzata Blvd. - Suite 555 - St. Louis Park, MN 55416 • (612) 595 -9636 -Fax. 595-9837 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 96-. RESOLUTION APPROVING AN AMENDMENT TO THE OTSEGO COMPREHENSIVE PLAN TO: 1. EXPAND THE IMMEDIATE URBAN SERVICE AREA BOUNDARY TO INCLUDE THE PROPERTY LEGALLY DESCRIBED ON ATTACHED EXHIBIT A; AND 2. CHANGE THE SUGGESTED LAND USE UPON THE PROPERTY LEGALLY DESCRIBED ON ATTACHED EXHIBIT A FROM AGRICULTURAL TO LOW DENSITY RESIDENTIAL. WHEREAS, the owners of certain tracts of land (subject property) described on attached Exhibit A of this resolution desire to subdivide their properties for the purpose of allowing the construction two new single family residential dwellings; and WHEREAS, the subject properties currently lie within the Rural Service Area; and WHEREAS, the City's Comprehensive Plan (Land Use Plan) currently suggests t agricultural use of the subject properties; and WHEREAS, the proposed land use has necessitated an amendment to the City's Immediate Urban Service Area boundary and Land Use Plan, as provided in the City's Comprehensive Plan; and WHEREAS, upon preliminary review, the lands do not qualify as premature development in that: a. The land holds adequate storm water drainage capacity. b. The land has a safe water supply. C. Adequate roads serve the property. d. The site holds the ability to accommodate a safe sewage disposal system. e. The City is committed to providing future public sanitary sewer service to the subject property, and WHEREAS, low density residential use of the subject property is consistent with the City's land use planning objectives in the area; and WHEREAS, the Planning Commission has considered the requested Comprehensive Plan amendment and recommended approval. NOW, THEREFORE, BE IT RESOLVED by the City of Otsego: 1. The City Comprehensive Plan be hereby amended to: A. Expand the Immediate Urban Service boundary to include the subject property legally described on attached Exhibit A. B. Change the suggested land use of the subject property legally described in attached Exhibit A from agricultural and low density residential to low density residential use. 2. The aforementioned Comprehensive Plan amendment is approved in its present form. 3. The text of the Comprehensive Plan and all maps showing the subject area are appropriately adjusted to describe/illustrate the Immediate Urban Service Area'and land use changes. 4. The Northwest Associated Consultants, Inc. staff report dated 11 June 1996 is incorporated herein by reference. PASSED this day of ATTEST: in 1996. CITY OF OTSEGO Norman F. Freske, Mayor Elaine Beatty, Deputy Clerk/Zoning Administrator .1 2 PROPERTY LEGAL DESCRIPTION I.EVENSON PROPERTY: That n8rt of the West Half of the Southwest Quarter of Section 35, Township 121, Range 23, described as follows; Commencing at the southWost corner of said West Half of the Southwest Quarter; thence South 8.'59'23" East lassumed bearing) along the south line of said West Half of the Southwest Quarter, a distance of 616.60 feet; thence Nbtth 21057'23" West, a distance* of 177.92 feet; thence South 89'59'2;," East, parallel with the south line of said West Half of the Southwest Quarter, a distance of 313.37 feet to the actual point of beginning; ;hence North 0'48'40" East, a distance of 807.22 feet to the south line of a township road easement as recorded in Book 48 of Misc.,- pages 252-263; thence North 88'28' East along said south line, a distance of 112.50 feet to a lino parallel with and distant 208.71 Mot West of the westerly right of way Ilne ci Minnesota State Highway Number,101 83 measured along the south line of said township roars eealement;• thence South 0'48'40' West along said par0el line, a dletinae 6f 208.11 feet; thence North 88'28' East; a distance of 208.71 het to ti hb Bald westerly right of way•Ilne; thence South 0'48'40" West alon6 sold* Westerly right of way line, a distance of 332.0 feet; trance southerly along sr'.d •westerly right of way line on a tangential curve Cofldeve to the east, having a radius of 3994.75 feet and a central aright 'bf 8688'52', a distance of .275.25 feet to a line parallel with and r.i;;tant 145Afeet north of the south tine of said West Half of the Southwest ;: thence North 89'59123' Wast along said parallel lino, a distance 4f 45 ftet to the point of beginning-' - GROTEPROPERTY: That part of the W1/2 of the SWI/4 of Section 35, Township 121, Range 23, Wright County, Minnesota described as follows: commencing at the Southwest corner of said West One -Half of the Southwest One -Quarter; Thence South 89 degrees 59 feet 23 inches (assumed bearing) along the South line of said W1/2 of the SWI/4, a distance of 616.60 feet, thence N21 degrees 57' 23" W, a distance of 177.92 feet; thence S 89 degrees 59' 23" E parallel with the South line of said W1/2 of the SWIM a distance of 13.37 feet to the actual point of beginning; thence N 0• degrees 48' 40" E, a distance of 799.13 feet to the South line of a Township Road Easement as recorded in book 48 of Miscellaneous, Pages 252-253; thence N 88 degrees 28' East along said South line; a distance of 300.22 feet; thence South 0 degrees 48' 40" West, a distance of 807.22 feet to a line parallel with and a distance of 165.0 feet North of the South line of said Wl/2 of SW 1/4; Thence North 89 degrees 59' 23" West along said parallel line, a distance of 300.00 feet to the point of beginning. Containing 5.53 acres. EXHIBIT A CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE: Rezoning Approval FINDINGS OF FACT AND DECISION Application of Mr. Paul Levenson and Mr. and Mrs. Jerome Grote to rezone the following described land from A-1, Agricultural Rural Service District to R-3, Residential Immediate Urban Service. The subject property is legally described as: SEE ATTACHED EXHIBIT A On 8 July 1996, the Otsego City Council met at its regularly scheduled meeting to consider the application of Mr. Paul Levenson and Mr. and Mrs. Jerome Grote to rezone the above described land from A-1, Agricultural Rural Service District to R-3, Residential Immediate Urban Service. Based upon the application, the recommendations of the Planning Commission, and the evidence received, the City Council now makes the following findings of fact and decision. s' FINDINGS OF FACT 1. The applicants are requesting a rezoning of the following described property from A-1, Agricultural Rural Service District to R-3, Residential Immediate Urban Service. 2. The subject property is legally described as: SEE ATTACHED EXHIBIT A 3. In conjunction with the requested rezoning, the applicants have requested an amendment to the City's Comprehensive Plan to: a. Include the subject property in the immediate urban service area. b. Change the suggested use of the subject properties from agricultural to low density residential. 4. Approval of the aforementioned Comprehensive Plan amendment is necessary to justify the requested rezoning action. ng Commission and 5. Section 20-3-2.F of the Zoning Ordinance directs thelreque ed rezoning. City Council to consider seven possible adverseeffects of The seven effects and the findings regarding them are: a. The proposed action's consistency with thespecificpolicies and provisions of the official City Comprehensive Plan. The proposed use has been found to be in the best interest of the community in a long perspective and will promote land use compatibility and predetermined goals and policies of the Comprehensive Plan. b. The proposed use's compatibility with present and future land uses of the area. The proposed use is compatible with present and future land uses in the area. C. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). As part of subsequent subdivision of the property, the proposed use will be required to meet all applicable performance standards. . d. The proposed use's effect upon the area in which it is proposed. ` The proposed rezoning and resulting use will not adversely affect the area in which it is proposed. e. The proposed use's impact upon property values of the area in which it is proposed. While no detailed study has been conducted, the proposed rezoning is not expected to adversely affect property values in the subject area.. f. Traffic generation by the proposed use in relation to capabilities of streets serving the property. The proposed addition of two singlely Quallings in the area will m Avenue which wouhd serve ave no adverse impact upon newly constructed the properties. g. The proposed's use impact upon existing public services and facilities including parks, streets, and utilities, and its potential to overburden the City's service capacity. The rezoning and resulting land use will not overburden the City's service capacity. 6. The planning report dated 11 June 1996, prepared by Northwest Associated Consultants, Inc., is incorporated herein. 7. On 19 June 1996, the Otsego Planning Commission conducted a public hearing to consider the proposed rezoning preceded by published and mailed notice. Upon review of the rezoning application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council deny the rezoning (on a split vote) based on the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinances, the applicant's request to rezone the subject property, as described herein, from A-1, Agricultural Rural Service District to R-3, Residential Immediate Urban Service is approved in its present form. ADOPTED by the Otsego City Council this day of 1996. CITY OF OTSEGO Norman F. Freske, Mayor ATTEST: Elaine Beatty, City Clerk/Zoning Administrator K PROPERTY LEGAL DESCRIPTION I_EVENSON PROPERTY: That part of the West Half of the Southwest Quarter of Section 35, Township 121, Range 23, described as follows; Commencing at the southWost corner of said West Half of the Southwest Quarter; thence South 8959'23" East (assumed bearing) along the south line of said West Half of the Southwest Quarter, a distance of 616.60 feet; thence N6fth 21"57'23" West, a distance of 177.92 feet; thence South 89'59'23" East, parallel with the south line of said West Half of the Southwest Quarter, a distance of 313.37 feet to the Pctual point of beginning; ;hence North 0'48'40" East, a distance of 807.22 foot to the south line of a township road easement as recorded in Book 48 of Misc.,- pages 252.253; thence North 88028' East along said south line, a distance of 112.50 feet to a lino parallel with and distant 208.71 fnot West of the westerly right of way line 0 Minnesota State Highway Number,101 as measured along the south line of said township roar' oaiemenr• thence South 0'48'40' West along said pera.lel line, a dlatin6e bf 208.71 feet: thence North 88'28' East; a distance of 208.71 Uet'tb ihb said westerly right of way -fine; thence South 0'48'40" Wast along Sold Westerly right of way line,, a distance of 332.0 foot; trance southerly along sr'.d .westerly right of way line on a tengenti,.l curve eoridaysto the east, having a radius of 3994.75 feet and a central anglr3 -of 8'8612", a distance of ,275.25 feet to a line parallel with and ei,.-mm �1f0Q.b.tset north of the south line of said West Half of the Southwest .� : , thence North 89'59'23' West along said parallel lino, a distance ofd feet to the point of beginning: - GROTE PROPERTY: That part of the W1/2 of the SWI/4 of Section 35, Township 121, Range 23, Wright County, Minnesota described as follows: commencing at the Southwest corner of said West One -Half of the Southwest One -Quarter; Thence South 89 degrees 59 feet 23 inches (assumed bearing) along the South line of said W1/2 of the SWi/4, a distance of 616.60 feet, thence N21 degrees 57' 23" W, a distance of 177.92 feet; thence S 89 degrees 59' 23" E parallel with the South line of said W1/2 of the SWIM a distance of 13.37 feet to the actual point of beginning; thence N 0' degrees 48' 40" E, a distance of 799.13 feet to the South line of a Township Road Easement as recorded in book 48 of Miscellaneous, Pages 252-253; thence N 88 degrees 28' East along said South line; a distance of 300.22 feet; thence South 0 degrees 48' 40" West, a distance of 807.22 feet to a line parallel with and a distance of 165.0 feet North of the South line of said WI/2 of SW 1/4; Thence North 89 degrees 59' 23" West along said parallel line, a distance of 300.00 feet to the point of beginning. Containing 5.53 acres. EXHIBIT A ORDINANCE NO. 96 - CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION. THE CITY COUNCIL OF THE CITY OF OTSEGO HEREBY ORDAINS AS FOLLOWS: Section 1. The official zoning map of the Otsego Zoning Ordinance is hereby amended to change the zoning classification of the following described property. SEE ATTACHED EXHIBIT A. Section 2. The above described property is hereby rezoned from A-1, Agricultural Rural Service District to R-3, Residential Immediate Urban Service District. Section 3. The Zoning Administrator is hereby directed to make appropriate change in the official zoning map of the City of Otsego to reflect the change in zoning classification as set forth above. Section 4. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the Otsego City Council this day of CITY OF OTSEGO By: Norman F. Freske, Mayor ATTEST: Elaine Beatty, Zoning Administrator/City Clerk 1996. PROPERTY LEGAL DESCRIPTION I.EVENSON PROPERTY: That Part of the West Half of the Southwest Quarter of Section 35, Township 121, Range 23, described as follows; Commencing at the southWost corner of said West Half of the Southwest Quarter; thence South 89'59'23" East (assumed bearing) along the south line of said West Half of the Southwest Quarter, a distance of 616.60 feet; thence North 21"57'23" West, a distance of 177.92 feet; thence South 89'59'23" East, parallel with the south line of said West Half of the Southwest Quarter, a distance of 313.37 feet to the actual point of beginning; :hence North 0'48'40" East, a distance of 807.22 feet to the south line of a township road easement as recorded in Book 48 of Misc.,- pages 252.253; thence North 88'28' East along said south line, a distance of 112.50 feat to a lino parallel with and distant 208.71 fact Voest of the westerly right of way line cr Minnesota State Highway Numb6r,101 as measured along the south line of said township road saiement;• thence South 0'48'40" West along said para.lel line, a dlsten6a df 208.11 feet; thence North 88'28' East; a distance of 208.71 h9t t6 ft Said westerly 'rlght of way•line; thence South 0'48'40" Wast 810nd said* Westerly right of way line, a distance of 332.0 foot; trance southerly Mong st'.d •westerly right of way line on a terngentia curve COMM to the east, having a radius of 3994.75 feet and a central angio 'bf 8666'520, a distance of 275.25 feet to a line parallel with and e.i;;tant 14_S feet north of the south line of said West Half of the Southwest OfWthence North 89459'23" West along said parallel lino, a distance 46 %et to the point of begirinine: t GROTE PROPERTY: That part of the W1/2 of the SWI/4 of Section 35, Township 121, Range 23, Wright County, Minnesota described as follows: commencing at the Southwest corner of said West One -Half of the Southwest One -Quarter; Thence South 89 degrees 59 feet 23 inches (assumed bearing) along the South line of said W1/2 of the SWi/4, a distance of 616.60 feet, thence N21 degrees 57' 23" W, a distance of 177.92 feet; thence S 89 degrees 59' 23" E parallel with the South line of said W1/2 of the SWI/4 a distance of 13.37 feet to the actual point of beginning; thence N 0' degrees 48' 40" E, a distance of 799.13 feet to the South line of a Township Road Easement as recorded in book 48 of Miscellaneous, Pages 252-253; thence N 88 degrees 28' East along said South line; a distance of 300.22 feet; thence South 0 degrees 48' 40" West, a distance of 807.22 feet to a line parallel with and a distance of 165.0 feet North of the South line of said W1/2 of SW 1/4; Thence North 89 degrees 59' 23" West along said parallel line, a distance of 300.00 feet to the point of beginning. Containing 5.53 acres. a EXHIBIT A CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE: Rezoning Denial FINDINGS OF FACT AND DECISION described Application of Mr. Paul Levenson and Mr. and Mrs. Jerome Grote to rezone the Immediate described land from A-1, Agricultural Rural Service District to , Urban Service. The subject property is legally described as: SEE ATTACHED EXHIBIT A Cit Council met at its regularly scheduled meeting eto he above nsider On 8 July 1996, the OtsegoY the application of Mr. Paul Levenson and Mr. ervice District to R-3, Residential Immediate described land from A-1, Agricultural Rural Urban Service. Based upon the app lication, the recommendations of the Planning commission, and the evidence received, the City Council now makes the following findings , C j of fact and decision. FINDINGS OF FACT erty 1 The applicants are requesting a rezoning of the folowig described e Uprop Service. from A-1, Agricultural Rural Service District to R-3, Residential 2. The subject property is legally described as: SEE ATTACHED EXHIBIT A In conjunction with the requested rezoning, the applicants have requested an 3 comprehensive Plan to amendment to the City's Comp a. Include the subject property in the immediate urban service area. b, Change the suggested use of the subject properties from agricultural to low density residential. PP 4. Approval of the aforementioned Comprehensive Plan amendment is necessary to justify the requested rezoning action. 5. Section 20-3-2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the requested rezoning. The seven effects and the findings regarding them are: a. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. The proposed land use is inconsistent with the City's Comprehensive Plan (Land Use Plan) which suggests agricultural use of the subject property. To date, the City has made no commitment to serve the area with sanitary sewer. b. The proposed use's compatibility with present and future land uses of the area. Future land uses in the area will be influenced by an ability to provide sanitary sewer service at some future point. The area in which the subject property is located is characterized by large lot single family residences: While the proposed use is compatible with present land uses in the area, it is unknown whether such use will be compatible with future land uses in the area. C. The proposed use's conformity with all performance standards ;. contained herein (i.e., parking, loading, noise, etc.). As part of subsequent subdivision of the property, all applicable R-3 District performance standards must be met. d. The proposed use's effect upon the area in which it is proposed. The proposed rezoning and resulting land use will not adversely impact the area in which it is proposed in the short term. At this time, the long term effects of the proposed use are unknown. e. The proposed use's impact upon property values of the area in which it is proposed. While no detailed study has been conducted, it is not anticipated that the proposed land use (introduction of two single family dwellings) will adversely impact area property values. 7 f, Traffic generation by the proposed use in relation to capabilities of streets serving the property. The proposed addition of two single family dwellings Avenue which would serve minimal impact upon newly constructed Quam A the properties. osed's use impact upon existing public services and facilities g. The prop potential to overburden including parks, streets, and utilities, and its p the City's service capacity. l not While the introduction of two additional dwellthe pacity,ings precedent ofthe area Isuch overburden the City's sece cimpact the City's ability to economically rezoning action may negatively serve the area. 6. The planning report dated 11 June 1996, prepared by Northwest Associated Consultants, Inc., is incorporated herein. the Otsego Planning Commission conducted a public hearing to 7. On 19 June 1996,theby published and mailed notice. Upon consider the proposed rezoning p review of the rezoning application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council deny the rezoning (on a split vote) based on the aforementioned findings. DECISION s request Based on the foregoing considerations and applicable ordinances, the applicant' to rezone the subject property, as described herein, from A-1, Agricultural Rural Service District to R-3, Residential Immediate Urban Service is denied in its present form. of 1996. ADOPTED by the Otsego City Council this _ da Y CITY OF OTSEGO By: Norman F. Freske, Mayor ATTEST: By: Elaine Beatty, City Clerk/Zoning Administrator 3 PROPERTY LEGAL DESCRIPTION I.EVENSON PROPERTY: That part of the West Half of the Southwest Quarter of Section 35, Township 121, Range 23, described as follows; Commencing at the southwest corner of said West Half of the Southwest Quarter; thence South 8959'23" East (assumed bearing) along the south line of said West Half of the Southwest Quarter, s distance of 616.60 feet; thence Nbfth 21'57'23" West, a distance of 177.92 feet; thence South 89'59'2:." East, parallel with the south line of said West Half of the Southwest Quarter, a distance of 313.37 feet to the actual point of beginning; ;hence North 0'48'40" East, a distance of 807.22 feet to the south line of a township road easement as recorded in Book 48 of Misc.,- pages 252.253; thence North 88428' East along said south line, a distance of 112.50 feet to a lino parallel with and distant 208.71 Mot west of the westerly right of way line cr Minnesota State Highway Numbet,101 as measured along the south line of said township roars saiement;• thence South 0648'40" West along said parenel line, a dlet>'�n6e W 208.71 feet; thence North 88'28' East, a distance of 208.71 bet to thb Bald westerly right of way -line; thence South 0'48140" Wast lalonti sold `Masterly tight of wily line,, a distance of 332.0 feet; tliance southerly along srid ,westerly right of way line on a tengan1i,.1 curve cottdevs to the east, having a radius of 3994.75 feet and a central aiigla -of W66'52w, a dlstance of 275.25 feet to a line parallel with and di:;tant 05,15feet north of the south tine of said West Half of the Southwest thence North 89'69'23' Wast along said parallel lino, a distance ofujL45 feet to the point of beginning-' GROTE PROPERTY: That part of the W1/2 of the SWI/4 of Section 35, Township 121, Range 23, Wright County, Minnesota described as follows: commencing at the Southwest corner of said West One -Half of the Southwest One -Quarter; Thence South 89 degrees 59 feet 23 inches (assumed bearing) along the South line of said W1/2 of the SW1/4, a distance of 616.60 feet, thence N21 degrees 57' 23" W, a distance of 177.92 feet; thence S 89 degrees 59' 23" E parallel with the South line of said W1/2 of the SWI/4 a distance of 13.37 feet to the actual point of beginning; thence N 0' degrees 48' 40" E, a distance of 799.13 feet to the South line of a Township Road Easement as recorded in book 48 of Miscellaneous, Pages 252-253; thence N 88 degrees 28' East along said South line; a distance of 300.22 feet; thence South 0 degrees 48' 40" West, a distance of 807.22 feet to a line parallel with and a distance of 165.0 feet North of the South line of said Wl/2 of SW 1/4; Thence North 89 degrees 59' 23" West along said parallel line, a distance of 300.00 feet to the point of beginning. Containing 5.53 acres. • EXHIBIT CITY OF OTSECO REQUEST FOR COUNCEL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 7.BOB KIRMIS, ASST. CITY PLANNER PLANNER July 8,1996-6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 7.2 Discussion of Sign Ordinance and possible changes to same Background: Staff was asked to look at Albertville, Clearwater, Monticello, Rogers and Otsego's sign ordinances and compare. In a memorandum from Bob Kirmis/David Licht dated June 24, 1996 Re: Otsego -Zoning Ordinance: Business Sign Regulations the above mentioned areas sign ordinances are compared and also added is information from Brooklyn Center, Buffalo, Elk River, Maple Grove, Plymouth, and St Cloud. This memo was copied to all of you on July 1, 1996 and was in your boxes. This needs further discussion of Council. Bob Kirmis will also be here for comments_ This information was compiled to look at sign ordinances after Long Haul Trucking Industrial Area had asked for a larger sign. STAFF RECOWEMATION: Staff feels that based on the above mentioned report, the City's freestanding business sign requirements (area and height) are reasonable and are in line with most area communities. In terms of sign height, NAC feels they could support an amendment to increase the current 20 foot standard to be consistent with the maximum building height standard imposed in the applicable zoning district. They do not feel any increase beyond that limits can be reasonably justified. Thanks, Elaine CITY OF OTSEGO REQ1 TEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 8. ANDY MAC ARTHUR CITY ATTORNEY July 8,1996-6:30PM ITEM NUMBER: ITEM DESURi e`fi N: e U M I : =s, 8.1. Discussion and update of John LeFebvre Easement Final Agreement RE: ISTEA Background After many many meetings and proposals and supposed agreements, Andy MacArthur finally got John LeFebvre to sign a Letter of Intent agreement Friday the 28th of June. He will explain the process more to you and what has been done and what will need to be done. STAFF RECObWENDATION: This is an update by Andy for your information. 8.2. CLOSED MEETING AT END OF COUNCIL MEETING #10.6 to UPDATE ON LEFCO LITIGATION. Thanks, Elaine Wiuuun S. Radzwill Andrew J. MacArthur ichael C. Court June 28, 1996 RA.DMILL & COURI Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376 (612) 497--1930 (612) 497-2599 (FAX) Mr. Michael Tardy Assistant District Engineer, State Aid Minnesota Department of Transportation 1991 Industrial Park Road Baxter, MN 56401 RE: City of Otsego- Bike Path and Pedestrian- Bike Trail Federal ISTEA SP217-090-01 Dear Mr. Tardy: Enclosed herein in reference to the above mentioned project please find the following: 1. Right of Way Certificate No. 2, signed by Lawrence G. Koshak of Hakanson Anderson & Associates, Inc. the Otsego City Engineer; 2. Letter of Intent (and attachments) for sale of property to the City of Otsego signed by the City and the owner, the John Earl Lefebvre Loving Trust; 3. Resolution of the City of Otsego authorizing purchase of the described property and authorizing condemnation if a negotiated sale cannot be arrived at; 4. Correspondence from Certified Appraiser Watson indicating that he has taken substantial steps in appraising P P y P Federal and State guidelines. These documents should be sufficient to evidence the progress the City has made and their firm intent to obtain the land described. If you have any questions please feel free to call either myself or the City Engineer, Mr. Koshak. We will proceed with the goal of finalizing this transaction within Letter to Michael Tardy June 28, 1996 Page 2 the next two weeks. Very my yours, i J rew J Za�r�� RADZWILL COIIRI Encls. cc;/City of Otsego Larry Koshak, Hakanson Anderson Bob Kirmis, NAC Paul Motin, Attorney at Law Fig. J 5-892.310 STATE AID MANUAL March 16, 1992 Mn/DOT 30750 (REV. 8/86) RIGHT-OF-WAY CERTIFICATE NO. 2 Office of State Aid Date: June 28, 1996 Department of Transportation State Transportation Building St. Paul, Minnesota 55155 Subject: Right -of -Way Acquisition Status Certificate S.P. 217-090-01 ISTEA Proj. 8696 ( ) City of Otsego Dear Sir: While negotiations for Rights -of -Way are in progress for S.P. 217-090-01 ISTEA Proj. 8696 ( ) for construction of bike lanes and bike and pedestrian trails from CSAH39 to City Hall, CSAH39 to CSAH42 via 96th Street and Ohland Avenue, CSAH39 to Otsego Elementary School parcels have not as yet been acquired nor have rights to occupy and use of these parcels been secured. It now appears that all Right -of -Way will be available and all owners paid. We are acquiring the Right -of -Way in accordance 'th applicable Federal and State directives. awr nce G. Kosha , PE, City Engineer Ha anson Anderson Associates, Inc. OT709-2.row CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 96_19 RESOLUTION AUTHORIZING PAYMENT FOR CERTAIN PROPERTY CURRENTLY OWNED BY THE JOHN LEFEBVRE LOVING TRUST CONTINGENT UPON AGREEMENT FOR PURCHASE, EXECUTION OF ACCEPTABLE NENT AGREEMENT TO USE FUNDS TO PAYOFF METSCERTIFIED AGAIPROPERTY OWNED BY THE TRUST AND JOHN E. LEFEBVRE. WHEREAS,.an Agreement To Be Assessed was executed on the 31st day of July 1990 between the then Town of Otsego (nowCity E f Lefebvre, , County of Wright, State of Minnesota ("Otsego"), tohn the John Earl Lefebvre Loving Trust and other parties relative to the improvement of 85th Street within the City of Otsego; and WHEREAS, said agreement set forth two separate assessments each in the amount of $15,469.00, plus interest at the rate of 9% per annum over a period of ten (10) years to be certified against the respective parcels, i.e. PID 118-500-221300 and PID 118-500-221301; and WHEREAS, by the terms of said Agreement both assessments, principal and interest, were deferred for a period of two years from the date of adoption of the assessment; and WHEREAS, the City of Otsego did defer said assessments and interest for the agreed upon term; and WHEREAS, said assessment was duly adopted on May 25, 1993; and WHEREAS, said assessment is now certified upon the records of the Wright County Auditor as a special assessment against the John Earl Lefebvre Loving Trust property; and WHEREAS, the hreached verbal Lefebvre Loving AgreementhJohn E. Lefebvre Trust to Lefebvre on behalf of the John Ear purchase certain property owned by the trust located upon PID No. 118-500-221300, as described on the attached Exhibit A; and WHEREAS, said purchase is contingent upon various factors, as follows: 1. That the parties enter into an agreement acceptable to the City regarding the terms and condiro°ert f inn easement for favor f propertyeof ss and egress across the described p p Y John E. Lefebvre. ' 2. That John E. Lefebvre and the trust agree that the money paid by the City for the property shall be immediately used to pay off the above described assessments. 3. That the necessary steps for land acquisition pursuant to the terms of the ISTEA Grant to the city be completed in accordance with the terms an eligiblens of that expenditure grant so that re reimbursement under acquisition is gg ISTEA. WHEREAS, a proposed Agreement setting forth the terms and conditions of the transaction has been presented to Mr. Lefebvre. NOW THEREFORE BE IT RESOLVED that City Staff are hereby authorized to pay to John Earl Lefebvre Loving Trust an amount eight dollars tato exceed 00/100 thirty thousand nine hundred and thirty g cents ($30,938.00) for acquisition of land owned by the John Earl Lefebvre' Loving Trust subject to the contingencies previously stated in this Resolution being successfully resolved. NOW THEREFORE BE IT FURTHER RESOLVED that in the event that City Staff are unable to successfully negotiate an agreement with the John Earl Lefebvre Loving Trust in accordance with the terms and conditions stated above they are hereby authorized to commence proceedings in eminent domain to acquire the above described property. ADOPTED this _Z4THjM date of June, 1996 by the Otsego city Council. IN ravGR: Norman F Freske, Mayor, Vern Heidner, Ron Black, Larry Fournier, and Suzanne Ackerman, Council Persons OPPOSED: No one CITY OF OTSEGO 9�� Norman . Freske, Mayor . 6 F=I 0:13 Wat$on Appraisal and Consultant Service 4230 Central Avenue N.E., ColumC+a Heights, MN S5421 py'ry: (A 12) 788.2114 • A!ttt Hours: (612) 571.1757 TO: MN D.O.T. Brainerd, MNraiser/Consultant FROM: Malcolm 0. Watson, app Acquisition SUBJECT: Bike Path/Park property PROJECT NO: S.P. 217-090-01 Gentlemen: This latter is being City sent to inform you that I have been which will°bepdesignateraise a dafor lBikG Patb/Park'of land in e purposes• which will I have met with the property owner Mr. John E. Lefebvresota 8585 N8 Parrish Avenue, Otsego, (Elk rover P.O.), Minn55330 on Monday, June 24, 1996 to discuss the proposed acquisition and review any concerns he had regarding the project. schedule alloNs, complete the "Uncomplicated I wi1.1, as soon as my the State Aid Manual 1 Acquisition Appraisal" asunderstandforth nthis is the appropriate (Pig. C (1) 5-892.310). of project. acceptable form for use in this type spectfully submitted, zw Malcolm 0. Watson Appraiser/Consultant MN Lic. #4000369 MOW/sh r (1) 5-892.310 STATE AID 1ir�►tiGAI• March 16, 199 ACquI3I'.ICN 1yp AUA.L 8.P. %Coro° Prroel 1(0. Present Use Ovuer Hi4best "d $esL IIset Property Address E.fory After (Oait LBpd valtN is w4pported by: land valve in th• spp.ralsal of PUN01 Ko. _# Pro}ect Cowps.rable 8a1e0 Book —, " Cowp%rable U;.ea Ko. + oaspaxable sale■ attached' hereto ) L" TO Lac AcSZgR; For Abres or r-tt. I s Ao ra a ar-vQr-Ft. � Acres or Oq. Pt: A s TO'LAL Li$E} WT TO EX ACQUUM (T4P"rar7 � P.rawseat _) t Acres or 6,q. o x Ac r e s ar-6q.-F R ■ TOTAL 2}Q+YiPfE MrM 70 AT A24LV Deacriptioa of Imyroyeeent y�VQ TOTAL rJMGE9 TO RDiAIN=t Nacription of PN!,.&e Iteae YOV° TOTAL Total TAtiaated fair K&.rket Valuo of Acquieitioo oxd Remainder ode , Appre.lser Ante of 31gnatur* June 28, 1996 John Earl Lefebvre Loving Trust John E. Lefebvre, Trustee c/o Paul Motin, Attorney at Law Motin & White 327 Main Street Elk River, MN 55330 City of Otsego c/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 RE: LETTER OF INTENT Agreement In Principal Between the City of Otsego and the John Earl Lefebvre Loving Trust For Conveyance of Certain Property Owned By the Trust To the City of Otsego In Fee For Use As a Bike Trail and For General Park Purposes Subject To An Easement For Ingress And Egress Reserved To The Trust Property. To whom it may concern: This letter herein sets forth the intent of the John Earl Lefebvre Loving Trust by its Trustees and the City of Otsego to enter into a binding agreement for conveyance of that property described on Exhibit A attached hereto from the John Earl Lefebvre Loving Trust to the City of Otsego. Said conveyance will be made subject to an easement for purposes of ingress and egress as set forth on attached Exhibit B. The purpose of the acquisition by the City of Otsego is to establish a bike path and pedestrian -bike trail in accordance with the City's planned trail system and in accordance with Federal ISTEA Project SP217-090-01. The contemplated consideration for the acquisition is thirty thousand nine hundred and thirty eight dollars and 00/100 cents ($30,938.00) and regrading of driveway on 85th Street. This amount is subject to confirmation by appraisal done in conformance with applicable State and Federal rules and regulations regarding acquisition of property. It is further contemplated that above mentioned money conveyed to the John Earl Lefebvre Loving Trust for the property will be used by the Trust to pay off existing assessments of the same amount certified against Trust owned property by the City of Otsego for improvements to 85th Street, which have already been constructed. This Letter of Intent is subject to the following contingencies: LETTER OF INTENT June 28, 1996 Page 2 1. That title to the property is marketable and that title to be conveyed is adequate for the construction of Federal ISTEA Project SP217-090-01. 2. That conveyance of the property and recording of title can be accomplished within two weeks of the date of this Letter of Intent. 3. That the terms and conditions related to the easement for ingress and egress are approved by both the John Earl Lefebvre Loving Trust and the City of Otsego. 4. That .appraisal of the property, following State and Federal regulations,justifies acquisition of the property at the amount stated above. 5. Any condition of the property as yet undiscovered which would make it unsuitable for the purposes for which the City is acquiring the property. 6. Any as yet -undiscovered or undisclosed condition of the property which constitutes a: pollution, hazard or could lead to environmental liability. Dated: (512- Dated:. 2 JOHN EARL LEFEBVRE LOVING TRUST By: )\� Jobh E. LefebVxW, Trustee By: By:_ E CITY OTSEGO PROPOSED PROPERTY DESCRIPTION; CITY OF OTSEGO That part of the Northwest Quarter Minnesota. lying Isngtheast weste Quarterofthef Section 22. following described hip 121. Range 23, Wright County, Y line and its extensions. Said line is described as follows: Beginning at the intersection of the north line of said Northwest Quarter of the Southeast Quarter and a line distant 60.00 feet east of the west line of said Northwest Quarter of the Southeast Quarter; ofhence South 00 {•lorthwest Quarter of thees e Southeast Qminutes Ouarteronads Eost, parallel with said west distance of 852.4- feet;he south line of said Northwest Quarter South 30 sees 32 es 31 eofnthe Southeast ds East o distance of 527.4.4 feet toothence Quarter and said line there terminating. �{ o c P SED DESCRIPTION FOR INGRESS/EGRESS PURPOSES; CITY OF OTSEGO A foot wide perpetual easement for ingress and egress purposes over, under, and across the following described property: That part of the Northwest Quarter of the Southeast Quarter of Section 22, Township 121, Range 23, Wright County, Minnesota, lying westerly of the following described line and its extensions. Said line is described as follows: Beginning at the intersection of the north line of said Northwest Quarter of the Southeast Quarter and a line distant 60.00 feet east of the west line of said Northwest Quarter of the Southeast Quarter, thence South 00 degrees 00 minutes 00 seconds East, parallel with said west line of Northwest Quarter of the Southeast Quarter, a distance of 852.93 feet; thence South 30 degrees 32 minutes 31 seconds East a distance of 527.4.4 Poet to the south line of said Northwest Quarter of the Southeast Quarter and said line there terminating. The centerline of said easement is described as follows: Beginning at the intersection of the north line of said Northwest Quarter of the Southeast Quarter and o line distant 20.00 feet east of the west line of said Northwest Quarter of the Southeast Quarter; thence South 00 degrees 00 minutes 00 seconds East, parallel with said west line, a distance of 868.12 feet; thence South 30 degrees 48 minutes 19 seconds' East a distance of 128.96 feet; thence southerly along a tongent'►ol curve concave to the west, have a radius of 75.00 feet, a central angle of 51 degrees 49 minutes 46 seconds, a distance of 67.84 feet; thence South 21 de �s 01 minute 28 seconds West o distance of 255.41 feet to the west line of said N< est Quarter of the Southeast Quarter and said centerline there terminating. The sidennes of said easement are to be prolongod or shortened to intersect the north and s west line • of said Northw"t Ovartar cy' :f*- ca:,theoa! Gtjort4w C X ri l 0 1 r- 5 TYPICAL SECTION w $ME Pro 1221300 PROPOSED 60 FT. IEE MU ACOU4fl1011 r PROPOSED 40 R. FIELD ACCE33 ROAD EASEIAEKT r20 FT. MK[ TRAIL s GeV~ . SKETCH OF DESCRIPTIONS FO�1—b CITY OF OTSEGO PROPOSED 40 R. FIELD ACCESS ROAD EASEMENT t tt7Al. . eooe:er [ 1 2 3 4 S 9 6ma-lmft a.ol amm 6,• !r1 r M M,.Mw[ yrV r M f..! -..M OPV r 9.0- 77, V—ft M w�is .Mw. !ri i..M► r Iw r M Mn.M[ I.rAr •M.+� r M"- r M .rr •r r W wi„M.r 6.w.r r M fry.. Yr.rr V • V K• MO Ar r I M --f in f w Mr1.-.M ew. r M a.w.r 6-wM M. 6..i. � r�•r � •ir � ..r -r 4.. Ir••d rr w .r f.. f Mr.rw. �� r M 7•N...r 6w. • drw. r l6La/ hA �� 4.r 1• •rr.r J• •�.,r. 71 rr.6, 4.1 W Mr9",1 6r1r I M 7Mr.d !ryrwr w•r- wr 0. .w � ,.a• •nvw N.6.'6t6 $now"" 166 "avow/mm N!!0lm1 61R 6/ 617m6 F 1.6.�W•r.r6w6 ►.MM!'I� M yr •.•l.r. rr. M.I.r, }r Pr .1 M IV.F•,1 Gr r M /wr1 �w1r r 5.0h. it T•. 4 �..•.r ` r.+. wod �r..�►`•...�i ..�w....r M _4 ....ter Mb - rM r.7. A.. f wMr6wwf em—rw l..6...r O -W w • 6r *.1M "M W .•.1 M M -4 6. M w MrMM 6+w I r fr/..•.1 C.rl•M1 Mwr 1..w a Mr M .�uM.. 0 .—d. [K I�•Ad rM w wr 6r r Mrs.r O+.v r M s..fA.•f 6..nr. f.lwr r 60,L7 1•.r M.•. 7w6. ? Mw )r ." 71 IMw� r 67l.M A,f • M •✓• �.. r w MrN-.d O.wV r M !.•6+M On..v M w 6r Mr 1.w+..6.•. 1.• rrrM I w rrrM Y Ir.AM .. Ar.w �6.,•,►yi.�� f M sows. M M 6. r rY Mwq..f 6•wW r M 6-W rd • M dkftd 760 W ..f M M •.M Mrw ".0-4 O.rr r M 7ww.r1 6.w,r1 Mrr 7w/. M M ..6aln M www" ti.w 61 ws.f•Hr.wr Mrf •dw... r7l6..1 W rM-..Iwrw MrMr.f 6.rlr f M 7..6w•f Mw .,r w w.•w6.. 7.... IwwL..i} 1!. r•.6.r r W ---.4 •n I. M p V r A 0,— . s.1w•..1 M rM w ..f [+.. r w Mr6,wf o,.n.. r w s......a o,..1r. PROPOSED FEE - TITLL ACOUISITKIN - nee or w.[ K V• ' XAL w I1[T ' NOTES: 1. AGFA OF PROPOSED EEE TME ACOMSMON - 139.326 SO. FT. (3.1965 ACRES) 2. AMA OR PROPOSED FIELD ACCESS ROAD EASEUENT - 52.627 SOFT. (1.2062 ACRES) 3. 0 FIELD SURVEY WAS CONDUCTED FOR INS DRAWWO. enwn.D.c ac SCALL •■—�1 H0�SAnson PROPOSED PATH k BIKE TRAfL wr An ' n PROPERTY DESCRIPTIONS . 0!6 ASSOC., nC ,r, .......�._.._.... CRY OF OTSECO, MINNESOTA ) ac TA7 z 1 6 �a t2 to 2 XAL w I1[T ' NOTES: 1. AGFA OF PROPOSED EEE TME ACOMSMON - 139.326 SO. FT. (3.1965 ACRES) 2. AMA OR PROPOSED FIELD ACCESS ROAD EASEUENT - 52.627 SOFT. (1.2062 ACRES) 3. 0 FIELD SURVEY WAS CONDUCTED FOR INS DRAWWO. enwn.D.c ac SCALL •■—�1 H0�SAnson PROPOSED PATH k BIKE TRAfL wr An ' n PROPERTY DESCRIPTIONS . 0!6 ASSOC., nC ,r, .......�._.._.... CRY OF OTSECO, MINNESOTA ) ac j uL. nc = 1 : Gb HHKHN50N ANDERSON P.1 City of Otsego Engineer's Agenda Items City Council Meeting July 8, 1996 9.1 PROJECT UPDATE ON ISLAND VIEW AND MISSISSIPPI SHORES A. ISLAND VIEW ESTATES Pipe culverts for roadway crossings have been installed throughout the project. Subgrade corrections and preparations have been completed on 97th Street, Kalenda Avenue, and Kahler Avenue from CSAH39 to just south of 99th Street. Subgrade work is proceeding on Kaiser Avenue and Kahler Avenue. The schedule was planned to have all roadways south of 99th Street, and including 99th Street, covered with Class 5 gravel prior to the 4th of July holiday. No work was scheduled from the 4th of July to the 7th of July. The construction is approximately 30% completed. Recent rains have slowed the project down, but progress has been as expected to date. B. MISSISSIPPI SHORES The overlay portion of the project is completed. An initial review of quantities indicates that the project is under the engineers estimate. Topsoiling can occur in mid July. An alternate source of topsoil was located. Topsoil generated at the Long Haul Trucking site can be obtained by the City for this project. 9.2 ANY OTHER ENGINEERING BUSINESS OR UPDATE aganda7.8 CITY OF OTSE:GO RFOI IFST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE -OT .'Li',L7 LT MJ CITY CLERt< Jt: y , 1yaC -6 ITEM NUMBER: ITEM DESURi?TiON: rtc�rtircr.� n� 10.1. Consider Settlement Agreement with Frankfort/St Michael/Albertville. Background: The Annexation requests to be annexed into Albertvi''P from Otsego have been an ongoing issue With the two communities for Guice a number of years now. This Settlement Agreement was thought imcossible but Cyt 1 nn!�e ? i l;e it-- is on it -'s way t0 being aCCC???p1_She�. The major issue here is that it will set the boundaries and keep the budget from being hit with the attorney fees for all the litigation. Sewer will be a'; "eed t0 b" both CC^'munitins for sale, but not the service t ; _ r boarder being moved. Even though the communities do not have to agree to service, they will not change the boarder. The agreement attached is subject to Change in the portion pertaining to St Michaat/:rankfcrt as they are stili working out some items, but they agree as does Albertville that ,he Qtsego/Albertville issues are set. Jerry 'ivii!{vr�� i�v date Cvvy v= -=cicuG jctt_cTei W gee you a red ii agreement by Monday night for your consideration. Attached is the latest agreement as of July 3, 1996 alc_='^, with a map have included for your information. STAFF RECOMMENDATION: Staff highly recommends this settlement agreement to you as a solution to the constant annexations, boarder disputes. We will have to work together if this is signed. I feel very strongly that these annexations issues being brought to settlement will benefit all of our communities and save us attorney fees. For your information Otsego will be gaining a total of 170 population to 6, 286, Albertville will become 2,220 after gaining 101 population, and St Michael/Frankfort will be 6,629 per my calculations. Otsego will also gain approximately 230.07 acres per my calculations after we give Albertville 407.33 acres. XF� ks, Elaine A-5644 Albertville A-5681 Otsego OA -424 -OA -424-1 D-311 Otsego/A-5384 Albertville D-312 Otsego/A-5402 Albertville D-313 Otsego/A-5410 Albertville D-329 Otsego/A-5612 Albertville D-330 Otsego/A-5613 Albertville D-336 Outgo/A-5673 Alberrville C -27 -mm o�ego PRELIMINARY COPY DRAFT NO. DATED 7'a BEFORE THE MUNICIPAL, BOARD OF THE STATE OF MINNESOTA Lca De Souza Septxter Chair Robert .1. Ferderer Vice Chair Paul B. Double Vice Chair IN THE MATTER OF THE JOINT RESOLUTION JOINT RESOLUTION AND AGREEMENT FOR ORDERLY ANNEXATION AND CONCURRENT DETACHMENT AND ANNEXATION BY AND BETWEEN THE TOWN OF I ORDER FRANKFORT, THE CITY OF ST. i MICHAEL, THE CITY OF ALBERTVILLE AND THE CITY OF OTSEGO N SETTLEMENT OF i MINNESOTA MUNICIPAL BOARD 1. This matter is before the Board on the Joint Resolution of the Town of Frankfort and the Cities of Albcrtville, St. Michdel and Otsego (the parties). The parties have entered into an agreement settling all cases before the Board involving a.nncxations and petitions for concurrent detachment. This order approves and implements the settlement.. 2. The following cases are settled and concluded by this Order: a• Albertville annexation petition: The City of Albertville filed an annexation petition dated March 18, 1996, with the Miwlesota Municipal Board (Minnesota Municipal Board File No. A-5644 Mq LWI Albertville) seeking annexation of certain lands located within the 'Town of Frankfort pursuant to Minnesota Statutes, Section 414.031; and b. Town of Frankfurt - City of St. Michael Joint Orderly Annexation Resolution. The Town of Frankfort and the City of St. Michael adopted a Joint Resolution, dated March 18, 1996, and filed the same with the Minnesota Municipal Board (MiunCsota Municipal Board File No. OA-424/OA-424-1) on March 18, 1996 for annexation of the entirety of the Town of Frankfort pursuant to Minnesota Statute Section 414.0325; and C. Otsego Annexation Petition: The City of Otsego filed a petition, dated June 18, 1996 with the Minnesota Municipal Board (Minnesota Municipal Board File No. A-5681 Otsego) also seeking annexation pursuant to Minnesota Statute Section 414.031 of certain portions of the Town of Frankfort; and d. Private Party Concurrent Detachment Petitions: Petitioners D'Aigle, Kenco Properties and others have filed petitions for concurrent detachment and annexation of certain properties from Otsego to Albertville. TWO of these petitions, D-312 Otsego/A- 5402 Albertville and D-311 Otsego/A-5384 Albertville, had been heard by the Board and currently are on remand from the District Court. Other petitions, D-329 Otsego/A-5612 Albertville, D-313 Otsego/A-5410 Albertville, D-330 Otsego/A-5613 Albertville, and D-336 Otsego/A-5673 Albertville were scheduled to be heard by the Board on July 25, 1996. e. Otsego/Albertville Consolidation Proceedings: The Board initiated consolidation proceedings on November 17, 1995, pursuant to Minnesota Statutes 414. Municipal Board No. C -27 -mm. 3. The parties have been working towards a settlement of their respective boundary disputes and have reached a settlement which would be in the best interest of all the communities. 4. The parties have entered into an agreement whereby municipal boundaries will be established permanently in order to facilitate planning and the orderly expansion of the above -referenced communities. 5. The parties have agreed. and the board finds, that the proposed orderly annexations and concurrent detachments will promote the public health, safety, and welfare of all of the communities concerned. �•�. MTA\30'1]1.00 t\f0)O ]A. Jl( VQ/U5 6. This order finally concludes all of the above referenced Municipal Board proceedings, including those matters initiated by private parties. 7• Orderly Annexation Agreements Approved: The Joint Resolution provides for orderly annexation of certain property, as described here in, pursuant to Section 414.0325 subdivision 1. That Section provides that in certain cirycancsota Statutes Minnesota Municipal Board may review and comrnent, but shall within 30 days order the annexation. 8. The Board has now reviewed each of these orderly annexations an hereby accepts each orderly annexation pursuant to section 414.0325 as described in the following paragraphs. 9 Otsego -)Frankfort Orderly Annexation: ITISIIEREgy pRpEREv: That affective on the date of this order, the following described property is annexed to the City of Otsego, the same as if it had been originally been made a part thereof: That part of Section 1, Section 2, and Section 12 lying North of the Crow River and East of the centerline of Trunk Highway 101, in Township 120 North, Range 23 West, Wright County, Minnesota. ITIS FURTHER ORDERED. That the population of the City of Otsego is increased by this annexation by ©. Otsego's net population change from all annexations is stated in a separate paragraph of this order. 10. Albertville -Frankfort Orderly Annexation: ITISHE'REByORDERED. That effective on the date of this order, the following described property is annexed to the City of Albervillc, the saint as if it had been originally been made a part thereof That pan of Section 2 and the NW1/4 of the 1`i W1/4 of Section 11, in Township 120 North, Range 24 West, Wright County, Minnesota, riot lying within the existing corporate Limits of the City of Albertville or the City of St. Michael; and The W I/2 of Section 6, in Township 120 Nnrth, Range 23 West, Wright County, Minnesota, not lying within the existing corporate Iimits of the City of Albertville or the City of St. Michael, and excepting the 28.5 acres of the W1/2 of Section 6 currently owned by the Maplewood Company. ITIS FURTHER ORDERED. That the population of the City of Albertville is increased by this annexation by o. AlbertviIle's net population change from all annexations is stated in a separate paragraph of this order. 1.\nn+alta,,. ee i, oe+o on, 7x 0 �JLcucoJuuu P. 04/05 1 1. St. l"�lichael-Frankfurt Annexation: 12,1S HEREBY ORDERED: That effective on the date of this order, all the remainin annexed by rllbcrtville or Oise 1; Portions of the Town of Frankfort not bu under the above paragraphs of this order shall be annexed by St. Michael pursuant to the terms of the previous joint resolution for orderI modified and amended by this Joint Resolution between the Town of Fr y annexation as of St. Michael, dated March 13, 1996, Minnesota M an °rt and City 424-1, Municipal Board as File No. OA -42244 /UA - 12. The population of the area to be annexed to St. their joint resolution for orderly annexation is Michael under the terms of Michael is currently and said The population of the City of St. result of annexation of the remainder of the �Townlof Frankfoincrease rty the amount stated above as a 13. Albertvillc_Qtsego Concurrent Detachment Pursuant to agreement of Otsego and Albertville, the Board approves the following concurrent detachment and annexation. By so doing, the Board rrsolves all pending petitions for concurrent detachment and annexations, involving Albertville and Otsego, District Court. The Board has jurisdiction too der the concurrent detag the chment ans oil d nnetio e by virtue of the petitions and the Board's authority under section 414.063 acid 414.061. n 1T IS HEREBY ORDERED: That effective on the date of this order, the following described area is ordered detached from the City of Otsego and annexed to the City of A Ibertville the same as if it had been originally been made a part thereof.- In hereof In Township 121 North, Raugc 24 West, sections 35 and 36, City of Otsego: the L Shape beginning at 60th and Kadler, running North on the westerly section lice of section 35 (Kadler) to the intersection �f 70th and Kadler, then east on the northerly section lines of and 36 (70th) to tfie easterly section line of section 36 (junctsection., 35 ion of McIver and 70th), then South on the easterly section line of sec tion 36 (McIver) until McIver enters Albertville near the Northeast end of Mud ville Border west to its Northwestern Lake, then following the Albert Corner, then South on the Albertville Border until it reaches the southerly section line of section 35 (60th). TIC Board further finds that this -concurrent detachment and annexation is in the best interest of both cor7u11uniti s. 14. The population of the City of Albertville will increase by o as a result of this annexation. The total population of Albertville resulting fro'21 all subsequent paragraph of this order. The population of the City of Otsego owillsd�teas ba y 070296 •.\7ATA\loll♦......Oto 2A.,, the amount stated in this paragraph. The total population of Otsego resulting from all annexations 13 stated in a separate paragraph. 15. Stability of Municipal Borders. The parties have agreed that the best interests of each municipality will be served by assuring stability of theirborders. Stability of municipal fiscal planning and will assure that each borders will aid comprehensive planning and sound community can stage its growth in accordance with policies determined through the planning and zoning process_ To this end, the parties have agreed that, except for actions necessary to obtain a final order complying with their agreement, no party will initiate or support any action before the Municipal Board or any other agency or court to cause the detachment and or annexation of any portion of any of the others. The Board has authority to include the agreements of the parties in its order pursuant to Miuncsota Statutes Section 414.063. ITIS THEREFOREHEREByORDERED that each municipality shall refrain from actions to annex or detach any portion of the others, except by agreement of the municipality annexing and the municipality from which property would be detached. 16. In order to assure that the intent of the parties is given full effect, the parties have agreed that if any party determines that it is in the public interest to provide cuunicipal services t0 territory of the other, that it will provide those services to the other municipality by agreement, rather than by attempting to annex or detach that property. The Board ni orders. No party is required by this order to provide services to another municipality. But no party may seek to acquire a portion of another Party by offering municipal services. 17. Resulting Populations. As a result of this order, the net resulting population of each of the Cities will be as follow: Albertville o; St. I Echael o; Otsego o. 18. Cooperation Agreements. The Joint Resolution contains certain provisions for cooperation among the parties. Those undertakings sun'vivc this ardcr, and remain binding on the parties. These provisions include provisions affecting fire districts, municipal state aid, drainage, and creation of a St. Michael -Frankfort annexation commission. 19. Otsego -Albertville Consolidation Proceedings. The Otsego -Albertville Consoliddtion proceedings are hereby terminated and dismissed. Dated this day vI' 1996 MINNESOTA MU-MCIPAL BOARD Suite 475 McColI Building 366 Jackson Street St. Paul, iv NI 55101-1925 l>1 ;: %CN'111 10'f 1.. 00. \ 00'10]A. JK 5 FONKE-NOONAN RINKE, NOONAN, GROTE, 3MOLEY, DETER, COLOMBO, WIANT, VON KORFF, DEGiIOVANNI, AND HOBBS, LTD. ATTORNEYS AT LAW Sulte 700 Norwest Center Box 1497 Sr. Cloud, A4N 56302 1612) 251-6700 July 3, 1996 Date TRANSMITTED BY:. TRANSMITTED TO: FACSIMILE COVER PAGE _Jerry Von Korff - Darlene ame of Sender) Elaine @ City of Otsego FACSIMILE/TELECOPIER NO. 441-8823 MESSAGE: Fax: (612) 656-3500 Received this "final" draft by..fax.this.a..m. PLease review, Jerry will not be able to review until later this morning, but wanted you to review. PLease pay special attention to Exhibit 1 - Frankfort and Otsego land, Jerry questions this legal, please compare to the Order faxed yesterday afternoon. If you have any questions, please call Jerry or Darlene. Thank you. The information contained in this facsimita message is attorney privileged and Confidential information intended only for the use of the individual or entity named above. If the. raader of this message is not the intended recipient or the employee or agent responsible to deliver to the intended recipient, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. It you have received this communication in orrnr, please immediately notify us by telephone and return the original message to us at the aoove address via the U.S. Postal Service. We will immediately reimburse you for postage. TOTAL PAGES TRANSMITTED: A total of 18 pages, including this instruction memorandum, are transmitted. If all pages are not received, call Darlene . at once (612) 251-6700. ...................... Original Will NOT Follow: ❑ Original Will Follow: 7 FLAHERTY & KOEBEL.E Professional As4ociaation t►/ 1 ►/ � � ��� i1� To: Peter Schmitz G rald Von Korff Dave Lenhardt Bill Ooodrich From: Christopher M. Hood 3aA FAX Date: July 3, 1996 "Subject: Revisions to Final Joint Settlement Agreemeat w . . r .. ....... w • .......... w . ....... w .... .. . The following are final revisions to the Joint Settlement Resolution between the Town of Frankfort, City of St. Micheal, City of Albertville, and the City of Otsego as discussed with counsel: 1. On page 5, paragraph 4 (a), there is a typographical error at the cnd of the heading. The Agrecmeat previously said "Designation of orderly =wXation areas" and has been changed to say " Dcsignation of orderly aw=uition area". 3. On page 8, paragraphs 6 (h), 01 , and 0) have bees added to amend the orderly annexation agreement between Frankfort and St. Michael. 4. On page 9, paragraph 7 (a), the reference to `Leon Zachman" was incorrect since he is not the fee owner. In accordance with the legal descriptions included in Exhibits 3 and 7. the reference to Lcon Zachuman has becu changed to "Maplewood, Company". Also, the exact number of acres making up the area owned by Maplewood Company excepted from Orderly Aauxxation Area 11 has been atutod. S. On page 10, it now paragraph 9 (b) has been added to deal with border roads. 6. On page 10, paragraph 9 (e), the last sentence of this paragraph has been deleted. 7. The legal description on page 15 was incorrect and has been changed to correct an erroneous reference to the wzstcrly section lino of section 36. Tho correct m&rcncc is to the easterly section line of section 36. CMH/ls 396 N. Wabasha Street • Suite 1025 • CxpiW Centre Building • Sr. Paul, MN 55102 • (612) 225 -SW • Fax (612) 225-9088 20'd 2a:40 966. -£0 -Lo A-5644 Albertville A-3681 Otscgo OA-424/OA-424-1 D-311 Otsego/A-5384 Albertville D-312 Otsego/A-5402 Albertvillc D-313 Otsego/A-5410 Albertville D-329 Otsego/A-5612 Albertville D-330 Otsego/A-5613 Albertville D-336 Otsego/A-5673 Albertville C -27 -mm BEFORE THE MUNICIPAL BOARD OF THE STATE OF NM4NESOTA Lea De Souza Specter Chair Robert J. Ferderer Vice Chair Paul B. Double Vice Chair Ken Jude Ex-Oflieio Member Richard )4=on Ex -Officio Member 1N THE MATTER OF THE PIMTIONS FOR ) THE ANNEXATION AND CONCURRENT ) DETACHMENT AND ANNEXATION OF ) CERTAIN LAND TO THE CITY OF } JOINT RE.SOLIMON ALBERivazE, THE CITY OF OTSECO, ) AND THE CITY OF ST. MICHAEL ) PURSUANT TO MINNESOTA STATUTES 414 ) WHEREAS, tho City of Albertville filed an &mention petition dated March 18, 1996 with the Mimlesota Municipal Board (Minnesota Municipal Board File No. A-5644 �:©•d 2a:LO 966T -£0 -LO Albertville) seeking annexation of certain lands located within the Town of prankfort pursuant to Minnesota Statutes, Section 414.031; and WHEREAS, the Town of Frankfort and the City of St. Michael adopted a mint Resolution, dated March 18, 1996, and filed the same with the Minnesota Municipal Board (Minnesota Municipal Board Filc No. OA-424/OA-424-1) on March 18, 1996 for annexation of the entirety of the Town of Frankfort pursuant to Minnesota Statutes, Section 414.0325; and WHFtREAS, the City of Otsego filed a petition, dated June 18, 1996 with the Minnesota Municipal Board (Minneaota Municipal Board Pile No. A-5681 Otsego) also seeking annexation pursuant to Minnesota Statutes, Section 414.031 of certain portions of the Town of Frankfort; and WBF,REAS, the City of Albertville bas supported and private property owners have filed numcrvua pending petitions with the Minnesota Municipal Board (Minnesota Municipal Baud File Nos. D-311 Otsego/A-5384 Albertville, D-312 Otsego/A-5442 Albertville, D-313 Otsego/A-5410 Albertville, D-329 Otsego/A-S612 Albertville, D-330 Otscgo/A-3613 Albertville, D-336 Otsego/A-5673 Albertville, and C -27 -mm) seeking concurrent detachment and annexation of certain lands from the City of Otsego pursuant to Minnesota Statutes, Section 414.061; and WHEREAS, the Town of Frankfort, the City Of St. Michael, the City of Otsego, and the City of Albertville have been working towards a settlement of their respective boundary disputes and have reached a setticment which would be in the best interests of all the communities; and WHEREAS, the above -reference communities seek to jointly establish a collective agreement whereby municipal boundaries will be established pesmanentiy in order to facilitate planning and the orderly expansion of lite above-retiGmeed communities; and VVHMMAS, The parties agree that orderly development with municipal services and the orderly annexation and concurrent detachzneat and annexation of certain areas located in their respective communities is in the best interests of all of Aho communities concerned; and WHEREAS, the above -referenced communities agree that orderly anncxation and concurrent detachment and annexation are ways to promote the public health, safety, and welfare of all of the communities concerned; and VVE75 EA.S, the above-rcfcrznccd communities desire to accomplish the orderly annexation and concurrent detachment and annexation of the areae legally described in this Joint Resolution in a mutually acceptable and beneficial ma=r without the need for hearings before the Minnesota Municipal Board. 2 t7o ' d £E : e o 966 L -£O-LO NOW, THEREFORE, BE IT RESOLVED by the Town of Frankfort, City of St. Michael. City of Otsego, and the City of Albertville as follows; a. This Joint Resolution constitutea a comprehenaive and integrated settlement agreement among the parties, The parties intend hereby to sottic completely all of the above -referenced pending annexation and concurrent detachment and annexation maMcr3 before the Minnesota Municipal Board (hereinafLsr the "Municipal Hoard") involving the City of Albertville (hereinafter "Albertville"), the Town of Frankfort (hereinafter "Frankfort"), the City of Otsego (hereinafter "Otsego") and the City of St. Michael (hereinaftzr "St. Michael"), whethMr bctbre the Municipal Board or District Court, including those matters initiated by private panics. b. The parties hereto hercby a" that all discovery and any other activities in these Cases will be stayed until the Municipal Board enters its final order effectuating this agreement, at which time all these matters will be dismissed with prejudice without costs to any parties, except that Municipal Board File No. OA-424/OA-424--1 shall remain In full force and effect except to tlu extent that it is amended and modif9ed by this Joint Resolution. In addition to this agreement, the parties will agree upon dm-umcm impl==ating the terms of this agreement, including proposed orders implementing the terms of dais agreement, necessary dismissal papers a.ud resolutions required to give effect to this agreement. C, The parties believe that, with rt spect to the concurrent detach it t and anacxations contemplated between Albertville and Otsego to be accomplished by the toms of this Joint Resolution, the terms of this agreement mandate Municipal Board approval. The parties hereto agree, however, that in the event that any aspect of this agreement must be subject to discretionary approval by the Municipal Board, that this agreement will be effective oaly if approved *W implemented in its entirety by the Board. If this agreement is not so approved, any party may withdraw from this agreemccat, and thereupon retains the right to proceed with any of the pending proceedings. The Parties will each use its best efforu to assure that this agreement is approved by the Board, is the event that any aspect of the agretnx= requires discretionary approval, and each will cooperate in reasonable efforts required to cause the agreement aro be implemented. 50.d £_-:Lo a66I-£O--L© 2. Stabili ,, Of Municipal HarderS The parties hereto hereby agree that the best intertats of each municipality will be served by assuring stability of their borders. Stability of municipal borders will aid comprehensive planning and sound fiscal pWuiing and will assure that each community can stage its growth in accordance with policies determined through the planning and zoning process. To this end, the parties hareto hereby agree that, except for actions necessary to obtain a final order =nplying with this agreement, no parry to this, agreement will initiate or support any action before the Municipal Board or any other agency or court to mic the detschuunt and or anac ation of any portion of any of the others. The parties further agree that an essential term of the order implcm=WmS this agrmmcnt meet be at finding requiring that tach municipality shall refrain from actions to annex or detach any portion of the others, excaapt that further boundary adjU9M= • truy be made where agreed to in writing by the two of rcted communities contempLuiug a boundary adjustment to a shared boundary. In order to assure that the intent of the parties Is given full effect, the parties agree that if any party dewrnnines that it is in the public iwArest to provide municipal services to territory of the other, that it will provide those services to the other municipality by agreement, rather than by attempting to annex or detach that property. This clause does not require any municipality to provide services to another municipaility, but prohibits a murnlcipality from attempting to acquire a portion of another party to this agreement by offering municipal aervlcaa. The terms of this clause shall be embodied in the Board order effectuating this agreement as provided in section 414.063. 3. In addition to the other terms of this Joint Resolution, the Town of Frankfort and the City of Otsego agree as follows: a. Desig at gn of Orderly Anaggirinn arm. Frankfort and Otsego hereby agree that the following area is in teed of orderly annexation pursuant to Miuucsota Statutes, Section 414.0325: i. "Orderly Annexation Area I," "Orderly Annexation Area I," hereinafter referred to as "Area I," is legally described in Exhibit 1 attached hereto and imorporated heroin by rafbrcnce. for case of reference Area I is shown on the map attached hereto as Exhibit'.), and is that area of Frankfort which is designated as in need of orderly an czation to Otsego In sculemcnt of Municipal Board File No. A-5691 Otsego. b. Acreage of res I. Frankkrt and Otsego agree that Area I contains 637.4 aczcs. 4 go'd bZ:LJ 9662 -£0 -LO C. poDulati= Frankfort and Otsego agree that the population of Arca 113 195. The population of Otsego is currently 6,116 and said population will increase by the amount stated above as a result of annexation of Area I. The population of Frankfort is currently 3,627 and said population will dccrcaec by the amount stand above as a result of annexation of Area I to Otsego. d. , Subject to the terms of this Joint Resolution, Frankdort and Otsego hershy agree that with respect to Area I, no alteration of the boundaries stated in this Joint Resolution is appropriate, no consideration by the Municipal Board is necessary, and all terms and conditions for annexation of Arca I are provided for in this Joint Resolution. Frankfort and Otsego agree that upon receipt of this Joint Resolution, the Municipal Board may review and com=nt, but shall, within 30 days of receipt of this Joint Resolution, order the annexation of Area I in ucordanco with the terms and conditions .of this Joint Resolution. 4. In addition to the other terms of this Joint Re3olution, the Town of Frankfort and the City of Albertville agrce as follows: a. Ps gnatinn of Qrderly Annexitinn Area. Frankfort and Albertville agree that the following arca is in need of orderly annexation pursuant to Minnesota Statute$, Section 414.0325: "Orderly Anmxa ' "Orderly Annexation Area IL' hmivaftcr referral to as "Area U," is legally dssmibed in Exhibit 3 attached hereto and incorporated herein by reference. For ease of reference, Area II is shown on the map attached hereto as Exhibit 4 and is that area of Frankfort which is designed as in recd of orderly annexation to Albertville in settlement of Municipal Board File No. A-5644 Albertville. b. Acreigge of AjrA TI. Frankdort and Albertville agree that Area II contains 427.05 acres. C. PonulStion. Frankfort and AlbcrryWe agree that the population of Area H is 76. The population of Albertville is currently 2,119 and said population will increase by the amount stated abovc as a result of annexation of Area Il. The population of Frankfort is currenrky 3,627 and said population will dmivase by the nmount stated abovc as a result of annexation of Area H to Albertville. LO • d vC : e -Z Scot --YO-Lo - 1V d. NQ Healdng RraUfred. Subject to the terms and conditions of this Joint Resolution, Frankfort and Albertville hereby agree that with respect to Area H, no alteration of the boundaries stated in this Joint Resolution is appropriate, no oonsideradon by the Municipal Board is necessary, and all terms and conditions for annexation of Area 11 are provided for in this Joint Resolution. FrwWort and Albertville agree that upon receipt of this Joint Resolution, the Municipal Board may review and comment, but shall, within 30 days of receipt of this Joint Resolution, order the annexation of Area II in accordance with the terms and conditions of this Joint Resolution. 5. In addition to the other terms of this Joint Resolution, the City of Otsego and the City of Albertville agree as follows: A. ;)g-tismation of Llm3orrgn_t tMttic}Lmen_j nd Annrxgtion AMA. Otsego and Albertville hereby agrx to designate the following area for concurrent detachment and annexation pursuant to Minnesota Statutt:s, Section 414.061, i. " "Annexation Area M," hereinafter referred to as 'Asea IH," is legally described in Exhibit 5 attached bez= and incw7orttted herein by reference. For case of reference Area III is shown on the map attached hereto as Exhibit 6 and is that arca located within Otaego dcsigmtcd as in aced of concurrent detachment and annexation from Otsego to Albertville. b. Otsego and Albertville agm that Area III should be concurrently detached and anneal from Otsego to Albertville pursuant to Minnesota Statutes, Section 414.061. c. Otsego sad Albertville We that this Joint Resolution shall constitute their m3pcctive jurisdiction's rcaolution chairing concurrent detachment and annexation far the pwpoars of initiating a concurrent detachment and annexation proceeding pursuant to Minnesota Statutea, Section 414.061, aubd. 1, without the necessity of a Municipal Hoard hearing. d. Otsego and Albertville agree that concurztm demcb=nt and anncxation of Area III from Otsego to Albertville is in the best interest of both conunuuities. eW d se : e.o 9682 -£z -LO e. Otsego and Albertville agree that concurrent detachment and =na"tion will facilitate the orderly eapanaion of Area III using municipal governmental cervices available from Albertville. f. Arr;fi9e of Area III. Otsego and Albertville agree that Area M contains 407.33 acres. g.Otsego and Albertville agate that the population of Area III .fi The population of Albertville is currently 2,119 and said population will increase by the amount stated above as a result of annexation of Arta M. The population of Otsego is currently 6,116 and said population will decrease by the amount stated above as a result of annexntion of Area III to Albertvilic. h. Otsego and Albertville chaire, that no Municipal Board hearing be required in order to facilitate the above -referenced concurrent detachment and atuuxation of those lands described in this Joint Resolution. 6. In addition to the other terms of this Joint Resolution, the following agreements amend Municipal Board Pile No. OA-424/OA-424-1 as follows: a. AnnexAtinr nf Remainder of Frynkfort. The parties hereto hereby agree that the remaining portions of Frankfort not annexed under this Joint Resolution shall be annex pursuant to the terms of the previous joint resolution for orderly annexation between Pranldort and St. Michael, dated March 18, 1996, Minnesota Municipal Hoard File No. OA- 424/OA-424-1. b, , The parties hereto hereby agree that, with respect to ttie remaining portions of Frankfurt not annexed under the terms of this Joint Resolution, annexation to St. Michael is in the best intcrests of the property proposed for annexation and as such agree not to take any further actions which would prevent that joint resolution for orderly annexation (File No. OA-424/OA-424-1) from taking effect as modified and amended by this Joint Resolution. C. . Frankfort and St. Michael hereby agree that this joint Resolution modifies and amends their previous joint resolution for orderly annexation, dated March 18, 1996, Municipal Hoard File No. OA -42410A-424-1. 7 60.d sa:Lo 9E6L- fo-G0 d. U2118nation of AZ=nded rderlyAnnyxatinn Area. Frankfort and St. Michael hereby agree that the area designated for orderly annexation to St. Michael, as modified by this Joint Resolution, is legally described in Exhibit 7 which Is attached hereto and incorporated herein by reference. e. blergar C2r=ianion, Frankfort and St. Michael hereby agree to form a merger commission made up of representatives of Frankfort and St. Michael after the execution of this Joint Resolution for the purpogea of planning for subsequent governmental representation and other t hues, including, but not limited to, comprehensive planning, official controls. elections, administration. etc. f. A&xeacrl. Frankfort and St. Michael hereby agree the acreage to be annexed under the terms of their joint resohuion for orderly annexation (File No. OA.-424/OA-424-1), as a result of modification and amendment by the terms of this Joint Resohition, shall contain 24,535.55 acres. S. PoniiIation. Frankfort and St. Michael hereby area that the population of the area m be annexed under the terms of their joint resolution for orderly annexation (File No. OA-424/OA.424-1), as a result of modification and amendment by the terms of this Joint Resolution, is 3,431. The population of St. Michael is currently 3,198 arm aid population will increase by the amount stated above as it result of annexation of the remainder of Frankfort. h. F.Eective Date of Anne to ion. Frankfort and St. Michael hereby agree that the effective date of annexation shall be September 1, 1996 i. City rmincil_MeetinQs. After the effective date of annexation on September 1, 1996 and until January 1, 1997, Frankfort and St. Michael hereby agree that subsequent St. Michael city council meetings may be attended by the former town board of frankfort, and that the former town board members MAY act in an advisory capacity to Me St. Michael city council at said meetings. j. Exlsting�Empinyees. Aftez the effective date of annexation on September 1, 1996 and until January 1, 1997, Frankfort and St. Ivlichacl hereby agree that existing employees of Frankfort and St. Michael will coatinue in their respective employmout capacities under their existing terms. After January 1, 1997, the city council will be responsible for evaluating and making future =ployment decisions. 0I Id `JZ : e_o 9E6 t-ZO-La k. The parties hereto hereby agree that to the extent that Municipal Board File No. OA-424/OA-424-1 is not modified by this Joint Resolution, that all other terms and conditions as stated therein shall remain in full force and effect. 7. In addition to the other terms of this joint Resolution, the City of St. Michael, the Town of Frankfort and the City of Albertville agree as follows: A. With respect w the 28.5 acres currently owned by the Maplewood Company, excepted from Orderly Annexation Ares II by the terms of this Joint Resolution, at the time said property requests sewer service and said service can be provided by Albertville, St. Michael and Albertville agree to oxecute molutions initiating the conc,irreai detachment and annexation of said property located in the W1/2 of Section 6 in Township 120 North, Range 23 West, Wright County, Minnesota, from St. Michael to Albemillt. D. Frankfort/St. Michael ag= to continuo to work cooperatively with Albertville to resolve the County 37 and I-94 drainage issues. C. Frarkbrt/St. Michael agree to continue to work cooperatively with Albertville regarding the possible extension of a sanitary sewer trunk line outfall Prodi the existing Albertville Wastewater Treatment Facility to the Crow .River. Should Albertville receive all appropriate approvals from the Minnesota Pollution Control Agency and other approving agencies, both state and federal, for such a project extending an outfall across Frankfort/St. Michael to the Crow River, Frankfort/St. Michael will not object to Albertville attempting to acquire appropriate easements for said project provided however that; the approved project does not interfere or disrupt the provision of services to Frankfort/St. Michael; and all costs associated with the project, including costs for easements or condemnation, are borne solely by Albertville; and the proposed Project's location has been approved by Frenhfort/St. Michael. 8. In addition to the other terms of this Joint Resolution, the Town of Frankfort, the City of St. Michael, and the City of Otsego agree as follows: a. Otsego and Fmnkfort/St. Michxcl rccogni.zzc that they may determine that certain portions of Fmnkfott/St. Michael west of Highway lel may best be served by Otsego. They will arrive at this decision through cooperation and discussions. Frankfort/St. Michael will not be required to utilize Otsego services, and Otsego would not be required to provide those services. The two patties will exchange iuformatiou and cooperate 9 IL'd SZ:L'D 36dL-E0-LO Approved by the Town of Frankfort this _ day of July, 1996. Town of Frankfort By: Tom Hagerty, Vice Chair By; Shamy Berning. Town Clerk Approved by the City of Otsego thio _ day of July, 19%. City of Otsego By; Norman F. Freske, Mayor ATTEST: Elaine Beatty, City Clerk Approved by the City of Albertville this _ day of July, 1996. ATTEST -i Linda Houghton, City Clerk it City of Albertville By: Acting Mayor E1 'd 92:40 9664-£ftr-40 Approved by the City of St. Micbwl this _ dey of July, 1996. ATTEST; Dawn Groasinger, City Clout 12 City of St. Michael By: Roxannc Peclm, Mayor OIT ' d eC : LO 9661-CO3-L0 E1 Boff i Orderly Annaxation Arcs I is lcgxUy described as follows: That part of Station 1, Seaton 2, and Section 12 lying North of the Crow River and FAA of the centerline of Trunk Highway 101, in Township 120 North, Range 23 West, Wright County. Minnesota. and that part of section 6 lying North and West of the Crow River in Township 120 North, Range 22 West, Wright County. _ h+innesoia. 13 GI Id se%Lo E)6ar-£0-e-0 Orderly Aanexation Area II is logally dowribod as follows: That paft of Section 2 and the NW 114 of the NW 114 of Section 11, in Township 120 Notth, Range 24 West, Wright County, Mirmesota, not lying within the existing corporate limits of the City of Albertville or the City of St. Michael; and The win of section 6, is Township 120 North, Range 23 West, Wright Counter, Minnesota. not lying within the existing corporate limits of the City of Albertville or the City of St Michael, and excepting the 20.5 acres of the W112 of Section b currently owned by the Maplewood Company. 14 9T *d ez;Lo 9eeti-£0-1-0 »xmDrr 5 Annexation Area III is legally dcscribad as follows: in Township 121 Nortb, Raage 24 Wast, sections 35 and 36, City of Owego: the L Shape beginning at 60th and KlMer, running North on the westerly secdon line of seacdon 35 (Kadler) to the intersection of 70th and Kedler, thea ew on the northerly section lines of sections 35 and 36 (70th) to the east&dY section line of section 36 (junction of McIver and 70th), then South on the easterly action line of section 36 (McIver) ur it McIver eaters Albertville near the Nordwast and of Mud Lakc, then following the Albertville Border east to its Northwestern Corner, then South on the Albertville Border until it reaches the southerly section line of section 35 (60W. 15 LS'd KBIT 7 The aatiroty of the Town of Franlffort, as modified by the attached Joint Resolution. is legally described as follows: All of that part of Section 2 1Yin8 west of the oeatcriino of Highway 101, Section 3, Section 4, Section 5, the EI/2 of Section 6 and thi 28,5 acres of the W1/2 of Section 6 currently owned by ' the Maplewood Company. Section 7► Section 8, Section 9, Section 10, Section 16, Section 17, Section 18, and Section 30 in. Township 120 North. Range 23 West, all in Wright CouutY, Minuosota, and not lying within the existing coiporate•lirnits of the City of Albertville, the City of St. Michael, or the City of Hanover; and All of that part of Section 3, Scction 4, Scction 5, Section 6, Sectim 7, Section S. Section 9. Section 10. Sealer 11 exCtpc the NW 1/4 of the NW 1/4 of Section 11, Section 12, Section 13, Section 14, Section 1S, Section 16, Section 17, Section 18, Section 19, Section 20, Scction 21, Section 22, Section 23, Section 24, Section 25, Section 26, Section 27, Section 28, Section 29, Section 30, Section 31, Section 32, Section 33. and Semon 34, in Township 120 North, RanKo 24 West, all in Wright County, Minnesota, and not lying within the existing corporate liMite of the City of Albertville, the CitY of St. Michael, or the City of Hanover, 16 �:LO 996%-£0 LO 8t'd FJMa-N00XAN R/NKE WOMAN, GROTT, 8MMEY, OCTM COLOMBO, W1ANT, VON KORff, DEGIOVANNI, AND Houn, LTD. ArrORNii:YB AT LAW Su%to 700 NOrw"t Ccnter Box 1.197 $t. Claud, MN 58302 (a 12) 251.6700 4001035uU r. uueu July 8, 1996 Date FACSIMILE COVER PAGE TRANSMITTED BY: Darlene Finken (Name of Sender) Fax: (612) 656-3500 TRANSMITTED TO: Elaine @ City of Otsego FACSIMILEITELECOPIER NO. 612/441-8823 MESSAGE: Enclosed ld the "final" of the Joint Resolution. Jerry has reviewed and approved the contents. As we discussed, St. Michael and Frankfort will be signing tonight. Then they will be hand delivering to Otsego on Tuesday. Y discussed with Jerry how we will be or what?) Jerry will be drafting the today and theft forwading it to you in hae signed, you can simply mail it to filing letter. filing (you sending it bank to us filing letter to the Municipal Board the mail. Once the City of Otsego the Municipal Board with the We would like a fully executed copy for our files and Chris Hood has requested Y forward him a copy also. If you could make one Copy after it is completely signed and mail back to me, I will take care of bending out: any additional copies to attorneys. THANK YOU - Jerry said lie will be available at home tonight if needed. The information oontaincd in this facsimile message iu attorney privileged and confidential information intended only for the use of the individual or antlty named above. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver to the intended recipient, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this communirafion in error, pfeare immediately notify us by telephone and return the original message to us at the above address via the U.S. Postal Service. We wiq immediately reimburse you for postage. TOTAL PAGES TRANSMITTED: A total of 20 pages, including this instruction memorandum, are transmitted. If all pages are not received, call Darlene at onto (612) 251-6700. ffff fffffff Mfffffffftf Original Will NOT Follow: ❑ )riginal Will Follow: ❑ JUL-08-96 MON 12:00 RINKE-NOONAN FAX NO. 6126563500 .JUL 08 '96 08;31Ph1 CITY OF ST MICHAEL A-5644 Albertville A-5681 Otsego OA -424/0A-424-1 M311 Otsego/A-5334 Albertville D-312 Otsego/A-5402 Albertville D-313 Otsego/A-5410 AlbertvW* D•-329 Otscgo/A-5612 Albertville D-330 Otse2o/A-5613 Albertville D 336 Otsego/A-5673 Albertville G-27-imn BEFORF? THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Lea De Souza Suer Chau Robert J. Ferderer Vice Chair Paul B. Doubly Vice Chair Ken Jude Eh -Officio Nf=bcr Richard Mattson EX -Officio Member 1N TIM MATTER OF THE PETITIONS FOR ) TEE ANNEXATION AND CONCURRENT ) DETACHMBNT AND ANNEXATION OF ) CERTAIN LAND TO THE CITY OF ) JOE14T RESOLU'I'>EON ALBERTVILLE, THE CITY OP OTSI~GO, ) AND THE CITY OF ST. MICHAEL } PURSUANT TO MINNESOTA STATUTES 414 ) P. 02/20 P.a WHEREAS, the City of Albertville filed an annexation petition dated March 18, 1996 with the Minnesota Municipal Board (Minnesota Municipal Board File No. A-5644 JUL-08-96 MON 12:01 RINKS-NOONAN JUL e8 '96 b8:52AM CITY OF ST MICHAEL FAX N0, 6126563500 P-03/20 P.3 Albertville) seeking annatxatlon of certain lan& located within the Town of Frankfort pursuant to Minnesota Statutos, Section 414.031; and WIDUtEAS, the Town of Frankfort and the City of St. Michael adopted a Joint Resolution, dated March 18, 1996, and filed the same with the Minnesota Municipta ooard (Minne9ota Municipal Board File No, OA-424/OA-424-1) on Match 18. 1996 for antu=tfon of the entirety of the Town of Frankfort Pursuant to Minnesota Statutes, Section 414.0323; anti V FMPCEA,S, the City of Otsego filed it petition, dated June 18, 1996 with the Minnesota Municipal Board (Minnesota Municipal Board File No. A-5681 Otsego) also seeking annexation pursuant to Minnesota Statutes, Section 414.031 of curtain portions of the Town of Fra ort; and WIOREAS, the City of Albertville has supported and private property owners have fled numerouts pending petitions with the Minnesota Municipal Board (Minnesota Municipal Board File Nos. D-311 Otsego/A-5384 Albertville, D-312 Otsego/A-5402 Albertville, D-313 Otsego/A-5410 Albertville, D-329 Otsego/A-5612 Albertville, D-330 Otsego/A-5613 Albertville, D-336 Otsego/A-3673 Albertville, and C -27 -mm) seeking concurrent detachment and annexation of certain lands from the City of Otsego pursuant to Minnesota Statutes, Section 414.061; and WHEREAS, the Town of Frankfort, the City of St, Michael, toe City of Otsego, and Me City of Albertville have been working towards a settlement of their respective boundary disputes and have reached a settlement which would be in the best interests of all the =ntnuaities; and WHEREAS, the above -reference communities seek to jointly establish a collective agreement whereby municipal boundaries will be established permanently in order a, facilitate planning and the orderly expansion of the above -referenced communities; and VVrEMRF Q S, The parties agree that orderly development with municipal services aM the orderly annexation and concurrent detachment and annexations of certain areas located in their respective communities is in the best interests of all of the conuuualties concerned; and WHEREAS, the above -referenced communities agree that orderly arrn=atlon and concurrent detachment and annexation are ways to promote the public health, safety. and welfare of all of the communities concerned; and WHEREAS, the above -referenced communities desire to accomplish the orderly annexation and concurrent detachment and annexation of the arena legally described in this Joint Resolution in a mutually acceptable and beneficial manner without the need for hearings before the Minnesota Municipal Board. JUL-08-96 MON 12:02 RINKE-NOONAN FAX NO. 6126563500 P.04/20 JUL. 18 "W; Oe:SR aM CITY OF ST MICHAEL . P.v NOW, THEREFORE, BE rr RESOLVED by the Town of Frankfort, City of St. Michael. City of Otsego, and the City of Albertville as follows; A. This Joint Resolution constitutes A comprehensive and integrated se,ttl== agreement among the parties. The parties intend hereby to settle completely all of the above -referenced pendiug anneRation and concurrent detachn2ent and annexation matters before the Minnesota Municipal Board (hereinafter the "Municipal Board") involving the City of Albertville (hereina#t" ,Albert WC-), the Town of FrankforT thmWafler "Frankfort"), the City of Otsego (i ereivafter "Otsego') and he City of St. Michael (hereinafter "St. Mkchael^), wherher before the Municipal Board or District Court, including those matters initiated by private partics. b• The parties hereto hereby agree that all discovery and any other Activities in these arses will be stayed until the Municipal Board enters its final order effectuating this agreement, at which time all these mature will be dismissed with prejudice without costs w any Parties, except that Municipal Board File No. OA-424/OA-424-1 Rha1I remain in full force and effect except to the extent that it is amondcd and modified by tWS Joint Resolution, In addition to this agreement, the parties will agree upon documents impleulenaM the terms of this agreement, =Iudirs proposed orders implementing the terms of this agreement. necessary dismissal papers and resolutions required to give effect to this agreement. C. The parties believe that, with respect to the concurrent dctachmcnt and annexations contemplated between Albertvjlle and Otsego to be accomplished by the terms of this Joint Resolution, the terms of this agreement mandate Murdcipal Board approval, The parties hereto agree, however, that in the event [flat any a..VW of this agreement must be subject to discretionary approval by the Municipal Board, that this agreement will be effective only Il' approved and implemented in its entirety by the Board. If this agreement is not so approved. any party inay withdraw from this agreement, and thereupon retains the right to proceed with any of the pending proceedings. The parties will each use its best efforts to assure that this agreement is approved by the Board, in the event that any aspect of the agreement requires discretionary approval, and each will cooperate in reasonable efforts requite to cause the agreement to be implemented. JUL-08-96 MON 12:02 RINKE-NOONAN .TUL 08 196 0e;33NM C:1TY OF ST MICHAEL FAX NO. 6126563500 P.05/20 2.Bot&dLU Tho parties hereto hereby agree that the bast intorests of cacti municipality will be served by assudng stability of their borders. Stability of =1nieipal borders will aid comprehensive planning and sound fiscal planning and will assure that each community can stage its wth in Accordance With policies determined through the plannWg and zoning process. To this end, the parties hereto hereby agree that, except for actions necessary to obtain a final order complying with this agreement, no party to this agreement will initiate or support any action before the Municipal Board or any other agency or court to cause the detachment and or ararexatlon of any portion Of ams of the others. The parties flrrther Agree that an essential term of the order implementing this agroament must be a finding requiring that each municipality shall refrain from actions to annex or detach any porti011 of the others, except that further boundary adjustments may be made whem agreed to in writtng by the two affected communities Contemplates a boundary adjustment to a shared boundary. In order to assure that the intent of the patties is given full effect, the patties agree that if any pa' determines that it is in the public interest to provide municipal services to territory of the other, that it will provide those services to the other municipality by agreement, rather than by atcempdrzg to anwX or detach that property. This clause does not require any municipality to provide services to another municipality, but prohibits a murdcipality from attempting to acquire a portion of another p&rty to this agreement by offering municipal services. The terms of this clause shall be embodied in the Board order effectuating this agreement as provided in section 414,063. 3• In addition to the other terms of this Joint Resolution, the Town of Frankfort and the City of Otsego agree as follows; a. Dmizwta01LSLf arsI, IoM and Otsego hereby agree that the following area is in need of orderly annexation pursuant to Minnesota Statutes, Section 414.0325. i. -Orderly A _nPY rinn Arm, T_" "Orderly Annexation Area I," hereinafter referred to as "Area I," is legally described in Fxhibit 1 attached hereto and incorporated herein by reference. For ease Of reference Area I is drown on the map attached hereto as Exhibit 2 and is that area of Frankfort which is designated as in need of, orderly annexation to Otsego in setticnmut of Municipal Board Filc No. A-5681 Otsego. b. A Frankfort and Otsego agree that Arca I contains 637.4 acres. 4 JUL-08-96 MON 12:03 RINKE-NOONAN JUL 08 '96 08-53AM CITY OF ST MICHPE(_ FAX N0, 6126563500 P,06/20 P.b c• P0=1811on. Frankfort and Otsego agree that the ropulltiojM is 194. The population of Otsego is currengy 6,116 and said opopulationf Am l Will increase by the amount stated above as a result of annenatian of Arca 1. The population of Frankfort is cunently 3.627 and Jaid population will decrease by the amount stated above as a result of annexation of Area I to Otsego, d. . Subject to the =MS of this Joint Resolution, I'razhkf0 and Otsego hereby agree that with respect to Area I, no alteration of the boundaries stated in this Joint Resolution is appropriate, no consideration by the Municipal Board is we Nsary, and all terms and conditions for annexation of Ares I are provided fox in this joint Resolution. Frankfort and Otscgo ague that upon receipt of this joint Resolution, the Municipal Board may review and comrnout, but shall, within 30 days of receipt of this Joint Resolution, order the ann,exatiou of Area I in accordance with the terms and conditions of this Joint Resolution. 4• In addition to tine other terms of this Joint Resolution, the Town of Frankfort and the City of Albertville agree as follows; a. DesignAtion of Or �r Amt p� 9tinn FXankort and Albertville agree that thee following area is in need of orderly annexation purauaut to Minnesota Statutes, Section 414.0325; i, "�rde iv nnF±Yar,�nn A fig." "Orderly Anucxation Area li," hereinafter referred to as "Area II, y is legally described in Exhibit 3 attached hereto and incorporated herein by reference. For case of reference, Arca II is shown on the map attached hereto as Exhibit 4 and is that arca of Frankfort which is designated as in need of orderly anmUtion to Albertville in setticmcnt of Municipal Board File No. A-5644 Albertville, b• Frankfort and Albertville agree that Area It contains 427.05 acres. G• Fl akd2a. Frankfort and Albertville agree that the population of Area 11 is 72. The population of Albertville is currently 2,119 and said population will increase by the amount stated above as a result of armexation of Area II. The population of Frankfort is eurrcntly 3,627 and said population will decrease by the amount stated above aq a result of annexation of Area II to Albertville. JUL-08-96 MON 12:04 RINKE-NOONAN • .TOL 08 '96 08 c 33RM CITY OF ST MICHAEL FAX N0, 6126563500 P-07/20 P.? d. No Hearing ..r++�;r..+, Subject to the terms and conditions of this mint Resolution, Frankfort and Albertville ,hereby Agee that with resntct to Area U, no alteration of the boundaries stated in this Joint Resolution is approprUte, ,no consideration by the Municipal Board is necessary, $ad All terms and conditions for aanexatiOn of Area II are ,provided icor in this Joint Resolution. Frankfort and Albertville agree thu upon receipt of this Joint Resolution. the Municipal Board may review and comment, but shall, uddain 30 days of receipt of this Joint Resolution, order the annexation of Area II in accordance with the terms and conditions of this Joint Resolution. S. In addition to the other terms of this Joint Resoltttiun, the City of Otsego and the City of Albertville agree as follows: a. J2�ea.Ot"� and Albertville hereby agree to designate the following area for concurrent detachment and a=Oxation pursuant to Minnesota Statutes, Section 414.061; ' "Atm, &JU-" "Annexation Area II?," hereinafter referred to as "Area III.' is legally described in gxiu'bit 5 attached hereto and incorporated herein by reference. For ease of reference Area III is shown on the map attached hereto as Exhibit 6 and is that arca located within Otsego designated as in need of concurrent detachment and annexation from Otsego to Albertville. b. Otsego and .Albertville agree that Area Ili should be concurreAtly detached and annexed from Otsego to Albertville pursuant to Minnesota Statutes, Section 414.061. c. Otsego and Albertville agree that this Joint Resolution shall constitute their respective jurisdiction's resolution desiring concurrout detachment and annexation for the purposes of initiating a concurrent devichment and annexation proceeding pursuant to Minnesota Statutes, Section 414.061, subd. 1, Without the necessity of a Municipal Board hearing. d, Otsego and Albertville agree that concurrent detaehuleut and annexation of Area III from Otsego to Albertville is in the best interest of both communities. N JUL-08-96 MON 12:04 RINKE-NOONAN FAX NO. 6126563500 P.08/20 '• Ju• ee '96 M154AM CITY OF ST MICHAEL P.e n• Otsego and Albertville agree that will facilitate the ordert COQ detacllruent and �xation govenimental services available from Alll of bertvift lle, sing municip illal f. tae orb, Otsego and Albertville a 407.33 scree. 8ree that Area ]71 contains S. ZMUAUQU. Otsego and Albertville agree that true population of Area III is 27. The population of Alber[villa is currently 2,119 and said Population will increase by the amount stated above as a result of Anl=ltion of Area III. The population of Otsego is currently 6,116 and said population will decrease by the amount stated above as at result of acmexatiorl of Area M to Albertville. h. Otsego and Albertville desire that no Municipal Board hearing be required in order to facilitate the above -referenced concurrent detachment and annexation of those lands described in this Joint Resolution. 61 in addition to the other terms of this Joint ResoludM the fOIIowing agreetnont$ amend Municipal Board, File No. VA -424/0A-424-1 as follows.. a_ .. ' . . The parties hereto hereby agree that the remaining portions of Frankfort not annexed under this Joint Resolution shall be anncxcd pursuaM to the terms of the previous joiW resolution for orderly annexation between Frankfort and St. Michael, dated March 18, 1996, Minnesota Municipal Board File No. OA- 424/OA-424-1. b. Bestsuffix. The parties hereto hereby agree that, with respect to the remaining portions of Frankfort not annexw under the terms of this Joint Resolution, w=xation to St. Michael is in the best interests of the property proposed for annexation and as such agrca not to take any further actions which would prevent that joint resolution for orderly annexativn (File No. OA-424/OA-424-1) from taking effect as modified and amended by this Joico Resolution. C. AenyMod kation of DA-4?L98�y Frankfort and St. Michael hereby agree that this Joint Resolution modifies and amends their previous joint resolution for orderly annexation, dated March 18, 1996, Municipal Board Pile No. OA-424/OA-424.1. 7 A-08-96 MON 12:05 RINKE-NOONAN JUL W '96 08:34RM CITY OF ST MICHAEL FAX NO. 6126563500 P.09/20 p.9 d i:natiosr of AM -=Wed Qrd+rxlY Michael hereb a . Frankfort QW St, Y that the area dcaignated for orderly annexation to St. Michael, as modified by this Joint Resolution, ie legally described iu Exhibit 7 which is attached hereto and incorporated herein by rof=o,a, e. lYl=r -QMa 'axion. Frankfort and St. Mlchaej herebya merger commission made 6� form a Michael vier the execution of this Join Itm ution fP or the and ' Planning for subacqueut governmental representation and other ism of including, but not limited to, conlpreheasive planner, official controls, elections, administration, cm, L Bc>:ttSpg- Frankfort and St. MichwA hereby agree the acreage to be annexed under the terms of their joint resolution for orderly ann=at,(M (File No. OA-414/OA-424-1), as d result of modification and &mandment by the tcrma of this Joint Resolution, sham contain 24,335.55 acres, 91 X913. Frankfort and St. Michael hereby agree that the papulation of the area to be annexed uadcr the tcrms of their joint resolution for orderlq annexation (File No. OA-424/OA-424-1), as a result of modification and amendment by the term& of this joint Resolution, is 3,361. The population of St. Michael is Currently 3,198 and said papularion will inorease by the amount stated above as a result of annexation of the remainder of Frankfort. h. a ve arP of Frankfurt and St. Michael hereby agree that the effcctive date of annexation shall be September 1, 1996 L - After the effective date of axrnexation on September 1, 1996 and until January 1, 1997, Frankfort and St. Michael hereby agree that subsequent St. Michael city council meetings may be attended by the former town board of Frankfort, and that the former town board members may act in an advisory capacity to the St. Michael City council at said iueetings. j. Aj i it mn1Q . Aftcr the arcctive date of annexation on September 1, 1996 and until January 1, 1997, Frankfort and St. Michael hereby agree that existing employees of Frankfort and St. Michael will continue in their respective employment capacities under their existing terms. After January 1. 1997, the city council will be responsible for evaluating and malting futtuc ernployment decisions. 8 JUL-08-96 MON 12:06 RINKE-NOONAN FAX NO. 6126563500 P,10/20 JUL 00 '96 08' 33RM CT I Y OF ST MICHAEL P.10 k. The parties hereto hereby age that File No. OA-47,4/OA-424-1u notto the extent that Municipal Board all other terms and conditions ass ted �� by this Joint in in t l f thtt and effect.thete� s>zall remain in full forco 7• In addition to the other terms of this Joint Resolution, the City of St. Micbael, the Town of Pranld'ort and the City of Albertville agree as follows: A With respect to the 28.5 acres Currently owned by the Maplewood Company, excepted from Orderly Ana=ation Area 11 by the tar= of this Joint Resolution, at the time said property requests sewer servic and said service can be provided by Albertville, St, Michael ae and Albertville agree to execute resolutions initiating the concurrent detachment and arazeXatiog of said prop' located in the WI/2 of Section 6 in Township 120 North, Range �3 West, Wright County, MinnesotA, from St. Michael to Albertville. b. Frankfort/St. Michael agree to continue to work cooperatively with Albertville to resolve the County 37 and I-94 drainage issues. C. Pranktort/St. Michael agree to continue to work cooperatively with Albertville regarding the possible extension of a sanitary sewer. trunk "no outfall from the existing Albertville Wastewater Treatment Facility to the Crow River. Sbould Albertville receive all appropriate approvals from the Mimes= Pollution Control Agency and other approving agencies, both state and federal, for such a project extending all outfall across Frankfort/St. Michael to the Crow River, Frankfort/St. Michael will not object to Albertville attempting to acquire appropriate easeme= for said project Provided however that; the approved project does not interfere or disrupt the provisiotl of services to Frankfort/St. Michael; and all Costs associated with the project, including costs for easements or condemnation, arc borne solely by Albertville; and the proposed Project's location has been approved by Frankfort/,St. Michael. 8. In addition to the other terms of this Joint Resolution, the Town of Pranlfort, the City of St. Michael, and the City of OtSego agree as rullows: a• Otsego and Frankfortl&. Michael recognize that the ma dete certain portions of Frankfort/St. Michael west of I3iY Y that be eervcd b Otsego. P.hwaY 101 may best Y S They Will arrive at this decision through cooperation and discussions. Frankfort/St. Michael Will not be required to utilize Otsego srrviccs, and Otsego would not be required to provide those services, The two parties will exchange information and cooperate 9 JUL-08-96 MON 12:06 RINKE-NOONAN FAX NO. 6126563500 P.11/20 •JLL tie '96 08;551�M C;ITy OF ST MICHAEL P.11 as this area is planned and developed. Qtsego Deeds to designate the Highway 101 service road whiciz will extend along the westerly Hig rway 101 as a Muuieipai State Aid Read. Frankfort/ichae designate Lina l will road in St. Michael (now Frankfort) as, a State Aid 'I' at least by the time that Qtwgo needs that desgn iation. oad 9. 3X$3. The following other terms shall apply: a' Fire Service Districts will remain the same (except that the area lying we8t of the City of Albertville to 1{edler, Routh of the Otscgo lice, located currently in the existing Town of r1ankfort which area is now served by the City of St. Michael with fire service and which area is to be arzrleXed by the tetnts of this Joiut Resolution to Albertville, shall, after the Cffcctivc date of annexation, be included in the Albertville fire service district) until population deans it necessary to change service, b• . The parties hereto agree to work cooperatively regarding common roads lying on or making up a corpor7ite boundary line. C•�'zOYCrninw r„a, This Joint Resolution is subject to am laws of the State Of Minnesota. d. . This Joint Resulution represents the exclusive agreement of rhe parties hereto, Resolution may be modified or amended, if except that flus Joint ffect the intent of and fmplemcnt the terms of this Joint Resolluuti n,eand the parties hereto agree that they, either collectively or individually, will tam such actions as are necessary to effect the intent of and implement the terms of Chia Joint Re8olution. e i _ inn- Except as provided heroin, all annexations and concurrent detachments will take place on the date of the Boards order, which the request be issued before August 1, 1996, If the Board cannot issue its order before August 1. 1996, the parties will allocate and transfer the respective tat revenues as if the order had beta signed on July 30, 1996, and in the event the Board order issues later than September 1, will prorate the tax revenues for the various regions. f• CULLO i@. Captions are for convenience only and arc not intended to alter any of the provisions of this Joint Resolution. 10 JUL-08-96 MON 12;07 RINKE-NOONAN FAX NO. 6126563500 P.12/20• Ju. 08 '56 08:8*W CITY OF ST MICHAEL P.12 AMuyad by the Town of Frankfort this _ day or;,Iy,1996, Town of Frankfort By. TOM Hwy, ` hm Chair By. Shay aeming, Town Clerk Approved by the City of otaego this ,_ day of July, 1996. City of Otwgo 13y: NOMAD F. Frftkc. Mayor ATTEST: Blaine Beatty, City Clork APProvcd by the City of AlbedtvUle this day of July, 1996. ATTEST: ^� � • u Linda Houghton, City Clef 11 City of Albertville Acting Mayor JUL-08-96 MON 12:07 RINKS-NOONAN FAX NO. 6126563500 P,13/20 Ju- w '96 08r364M C1IY OF ST MICHAEL P.13 Approved by the City of St. Micheal thle _ day of July, 19%. ATTEST: Dawn Orosainga, City Clerk 12 City of St. Mlcbewl R,oxa:uu Packa, Mayor JUL-08-96 MON 12:08 RINKE-NOONAN FAX NO. 6126563500 P.14/20 JUL W "9r- W'36W CITY OF ST MICFFEL P-14 SIT I 0rdMy AariaxgdOn Asea j is legally demibed as follows: That Pm of Section 1. Section 2, and Sccdon 12 lye North of the Crow River aad PA* of tbu centerline of Trunk Highway 101, in and ns 120 North, Kenge 23 West, Wright County, Mittriesote, Aad of Section 6 lying Ncc1h =,a WW of the Crow esota • In Township 120 North, Rage 22 West, Wright Coin, MinnuM. . 13 JUL-08-96 MON 12:08 RINKE-NOONAN FAr P-15/20 '96 08 � 36FIP1 (1 1 Y OF m Cj�gEj J5 ; s Lane ! 43 , 3 �/ , 79 MZBlT z F f 9 11 E7 ' �3 tL01! hMfgNt ' ICLx I ,. -�•— 3i RNER ; tr 1 06 77 o Z? up 1 35 4.i - 35 e' 4C 1 17 I EY 3aiJ@y j 42 r +s 31 J3 f4 DS _ --------------- I 3i �t'�•6• ti r ;�� Y'4,,� 20 r � erns ''ec •?t�;',' '�,�' Y�.Jv-.Y •�•j'• •' I f� of .•qty 11�1•!.,,t�.: .'• ;I „t1 C_ �., 37 ''e4'.a ' • � 37 d Lam'/ 73 ss• a il� _'.' --'�1 1 I � %e .9 •.••,•! rc ' f •'r.��_�. .i .f ,, i is 19 ;i •�.���' i? '4� -i. +•' +*+k 7 '" Imo'!/�//V,`\ ; � •, .r+{'} .;i oe ` • r � i� 5'� �� � !dr•�`i.M � • �� ..e•f�Tr rti ; �1`�♦ t rw i oG 24 63500 P-15/20 ..9175 s Lane ! - of MZBlT z FKAtvt� oRT TO GT9fiGp r E7 ' , ' ICLx RNER ; 83. LTM, 77 o Z? 1 !S 35 e' 4C 12 EY 42 r �t'�•6• ti r ;�� Y'4,,� .•qty 11�1•!.,,t�.: .'• ;I „t1 C_ �., • � d Lam'/ 73 ss• a il� _'.' --'�1 1 I � JUL-08-96 MON 12:10 RINKE-NOONAN FAX N0, 6126563500 P,16/20 JUL 08 '96 CD8:58At1 CITY OF ST MICHAEL P,16 SIT 3 O:darly Annexation ,Arca II is legally dweribod as hollows; That part of Section 2 and the NWl/4 of the NWl/4 of Section 11, in TownWlip 120 North, Range 24 West, Wright Cnuaty, Mi=oaota, not lying within the casting �rporate Iirnits of the City of Albertville or the City of St. Michael: and Tho WI/2 Of Section 6, in Tow=Wp 120 Nor64 Range 23 �y Wright �-�ty,114=0aote, not lying v waft the exisft corporate unlite of the City of AlbertvWe or the City of St. Michael, and �p� ma 28.5 ac" of the W1/2 of Section 6 currently owned by the Maplewood Company. 14 JUL-08-96 MON 12:10 R[NKE-NOONAN FAX NO. 6126563500 P,17/20 ' 96 `08 ��al I Y OF QST "CH' --...-a.....' _�- 79 EXHIBIT 4Lo ,7 i kfwli 32 FRL l RZORT TO ALBERTDIL7.E T7 IR t za r '35 12 Is 41Y$R ' t3 77 27 -/'LTJ-•--i•..�-.�...�,L i i � .�GtiAy) � � I � I 13 u 44 14 i4 , ( as ss i I '.j i �1 i j 3t I as 40 10, 17 _w.. . t lr-7/il:,:': r I 118 ''�' �_ . L ': •�••` ... '.} :� °' '' � x" � . 1 ,t w _ ant .,, tom; (rY,r ;:�: , �: l...r.t is � �'i,:: ,; G.�'f. !' ,, . • 11 � aknd 1 ; r• '�ti'• ; •: r' +';• f •(i6't' v, r ... 'i. ��%��' 101zz I •� Ir 37 � � � • '^n.r �. r,r. •,�:,•• . � • ' -' > ,� �;�, `, _ , ,'" ' yam.,, ; ,. r» ax5R ;L._ — -�_• �, �,:.'1 �'' %yr•!.^ .,; hff ad:. nt% � "�+R,i�• 3%+ 36 'lot 19 too atr,o � S� � •,. •i .,31,.„•. •. ', �rr,,ji' ,.r+ '��}�•' t� ..`�pe ...Y y� ': �.r 4 .. �, �.�� :•r�r .1. •31 •i44iS” 'Rr ;<i=tt�L1 lK 1',/, >: t.: e �t _w. �'� `� 7j. JR' �g0ii• ... .. "... n,ne�t l.k 041�• -'�� N ( .....— .. _. ..gym.. ..j-- nw _� � i I �i�A,�•' � r (� hrr f rrrf i I � Rogers K _ Has an 3a c - � I •N.n7 �.Ka � • • j l Mow 148 I "� " .'a I — JUL-08-96 MON 12:11 RINKE-NOONAN FAX NO. 6126563500 P.18/20 JUL 08 '96 08:59W CITY OF ST MICHAEL P.18 SIT s ANSKY L4JJQ1LAj1rkA =1 Annmmdon Arca U1 is legally described as follow$: In T'Ownship 121 North, Range 24 Wast, accdons 35 and 36, City of Otsogo. the L Shape beginning at 60th and Kadler, running North on the westerly section line of section 3? (Kadler) to the ante motion of 70th cad Kadler, the,, east on the northerly section linea of sections 35 and 36 (70th) to the easterly section line of section 36 (junction of McIver and 70th), then Soot$ on the eastorly section 11= of section 36 (McXvcr) until Mcivdr cntm Albertvillo near the Northeast end of Mud Lake, thea following the Albertville Bo to its Nom Com, thea South on the Albestviilc Bond until it reaches the southerly aecdon line of section 35 (60th). 15 JUL-08-96 MON 12:12 RINKE-NOONAN FAX NO. 6126563500 PY19/20 •.•. � :JI 08 /96s 06=5'JAM�CI7'r' pe'5T I'I (; o•� n `M�yd � � � -i r P 19 �''7��•• � 3 1 s dare. j ] -• � 1 -.-_.-- r 79 ! f J 9 n gxHLDIT 6 i ? ;'�►rc+err "i -- 32— OTSHGO TO ALBSRTVILLS LAKE, za �. NCR 77 i at a Lq 43 • —. doiiey � ! � J44J am 35 0 4C ' 118 as •'�`'r•�Y'•`$" :: a•.:, . `t"�. �•�r•.�' ti ;zl:= r:....,. j ,, ' ' , • :. ! r1 wmr., -, yt'.i`.'� •:'`',,:4;••�.• _af' •,:! V '�!G :.n , 1Qi r eonl ease Z1 i e��;.�1 .• .iv�v r:.. .•:w):... ;�:� T �r ��.,r ftr •,� :.:7y .�.': �.`e., '��� i 3 � all � r �i% �• II�--..t��. � �f�t: 'f1� '1•.I(�,+� rJ t '1 i 3 I ` •\ ,M 4. ZS t �i�,.'.;}; •��•:�•9r •�•' .': �: .•„t,ic : aCP:Yc ' '4:.' ���Y= .'. 1 am 31 �;.` .:,;'• •�. �Y 1 •1 ',t••.�.� •�,:r .tom:';:. � ''. :K� �tJ _ -•. 3¢ .it*.; n `Y Jc:( q1M ^grit "jYr --'x : � r', eao sr. xi cit..: � +, �� „!,S' i•. ,'c�j -�h[ v r .��:��' 9ta '. a r� 6. I: r•, '4 :F �C•.r ,�¢...,ti �.�' ��: 6 esie,"K: •'s +1 r �.i '�` �' • ''�. •' :� �„� a �; . ��>Re � � 2 9 '' :fir .: � • •:r.:^ '.'.� • , •<': :'��, _ '.`�: 17, 241 or ; �,}0 •.1 .1'� �.' • 7Se7 ,, 1z]. ;:r,,' a :►wlel] w •r. �— 7��� r +SrJ • sN , t 4i t nr Ne�tae: r �� a� f t 3 4 p qL ISO 34 pIIY n•�itiY i � , q. .'•n 4� 14^0 � :• ek � i r \ v ` 120 JUL-08-96 MON 12:13 RINKE-NOONAN FAX N0, 6126563500 P.20/20'- JUL 08 '96 09:01RM CITY CF ST MICHAEL P.20 LXIfi WIT 7 RV A Qiam The Cat hmty of the 'Town of Frankfort, as mods iod by the attached Joint Resolution, is legally doscribed as follows: All of that part of Section 2 lying west of the c=tCrliAa of Highway 101, Section 3, Section 4, Section 5, the Bl/2 of Section 6 and the 28.5 acnes of the Wl/2 of Soction 6 cunvatly owned by the Maplewood Company, Section 7, Section 8. Section 9. Section 10, Section 16, Section 17, Section 18, and Section 30 in Township 120 North, Range 23 West„ all in Wright County, D4lnnesota, and not lying within the existing corporate limits of the City of Albertville, the City of St. Michael, or the City of Hanover; and All of that part of Section 3. Section 4, Section 5, Section 6, Section 7, Section 8. Section 9, Section 10, Section 11 except the NW 1/4 of the NW 1/4 of Section 11, Section 12, Section 13, Section 14, Section 15, Section 16, Section 17; Section 18, Suction 19, Section 20, Section 21, Section 22, Section 23, Section 24, section 25, Section 26, Section 27, Section 28, Section 29, Section 30, Section 31, ,Section 32, Section 33, and Section 34, in Township 120 North, Range 24 West; all in Wright County, Minnesota, and not lying within the existing corporate limits of the City of Albertville, the City of St. Michael, or the City of Hanover. 16 07-08-1996 01:33PM FROM Radzwill & Court Law Offi TO i The Lawf Office of MQit"n,;C� I � P.A. 1►Adtew J.. K46Arthur, . $.9q. Saclz�ti;ll Cduri -ro& IceantraiL -Pivenue East F.o: Box 369. st. jXichael,. HN 55376 4418823 P.01 flu; S Matin, J -D., LLU.. C P.A. AvtwmyAt Law Scarf S. Wh", J. •. Abbrrwy At Law . Past -It"' brand tax transmiftal memo 7571 y 'te otsecgo�s Aquisition of Lefebvre Trust Propez y our Fila Wo. 11341 Dom' Mr. -MacArthur: The I following is proposed lanquage relating to the proposed sale of property lay the Lefebvre Trust to the City of Otsego (in lieu of theid language contained in Section 2 of your prioragreement): 2. That the John Lefebvre Laving Trust will retain an easement; for ingress and egress Purposes over, under and across the property conveyed and described in; Exhibit A, said easement is described in Exhibit D. Said easement will terlainaite upon the happening of the earliest of the following events:! A, $ucb time as alternative access is constructed yr • acquired; S, Such time as the City, at its discretion, dete=ines that for the financial w4ll being of the City, said property described in Mbit A must be sold. Such conveyance may only be made if the City provides a reasonable alternative ;for Ingress and egress across the property' or. across other pz«perty. C. �it�}1p�raHG.itr . At. the time that the land described; in Exhibit B is conveyed for purposes of development other than agricultural, the City, at its discretion, may require that: the land described jn Exhibit A. ba conveyed at the same time to the Purchaser In order to create a more harmonious development. In the event that both tracts are acquir>3d and if it is determined by the City that the bike trail 327 Main Street. Elk Pheor• MN 55330 Phone (612) 241.944 • Fax (612) 241-0677 07-08-1996 01:34PM FROM Radzwill & Court Law Offi TO 4418823 P.02 contained thereon would be more suitablY located cutin the pxoposed development of thea Purchaser, the Purah Pr will cons�c tuct and dedicate to the City as alternative bike path in accordance with designated City txt�.il system, 4nd subject approval by the City. As 11�wej. discussed, the above provision elimi�natiestheh autome 7 atic limitation oh the easement. It also eliminate termiriation df the easement in the event the Exhibit 8 property is developed. Obviously. if the Mbit B prop.erty is to be developed, the property will still need to have access. The alcove toms Will px;C,vide the City with adequate alternatives. j t"�bvioiisl.y, the zest of the Purchase /Easement Agreementshould inco1) that rporate the other issues we have discussed, including hahe trust thelpropertX will be purchased for $30,938.00, i11 h�an pays off the two assessments totalling S3a,938.007 and (3) p=. Lefebvre s drlvewaY(s) on 85th Street will be regraded. the one! issue c e up regarding item 6 of the Letter t0 Of Inten to be is not; clear t the pro City l means. if contirigency by which the City toil not purchasecurre th nspection by theke:is such a hazard (which would raga' the`nded to be a requirement that the Trust City), oit is it �snte indemnify the City if such a hazasd is discovered in the future? Phi e'Mr. Lefebvre does not believe that there is any condition on the property which might ccx<sstitute a pollution hazard or could lead to environmental liabi.]ity jhe has used a burning pit far garbagre, etcl. ), he does not 'meant the possible exposure tt� last ihd' finitely' Therefore, please have the City's inspentors inspect the�p±operty prior to purchase and pfovide a release from futures ].iabi�ity _ I apt aLssuio,ing that you are i.nv®stigating the mr}chisbentireolife� Title: As Mr.. Lefebvre has lived arx the property I would expect no complications. please call sue with ani' comments or questions - Sin�exely, mOT� .tTiz, P. Ate.. cc: John R. Lefebvre- ., IT �ti�o�. qtr TOTAL P-03 07-08-1996 01:35PM FROM Radzw111 & Court Law Offi TO SON APPRAISAL PRA13AL -SERVICE (I Conti* Ave. N.E. rampolls. MIN 0421 A X 0.0 V E R S H E E T PHONat FAX: 447—arjj PHONB-.-2,-,efq 769 - 3 qq-Y 4418823 P.03 It,"r 91 pages Including cover street . 'Wwas Is CL ry 41 -vi kAt J-0-1 r� V F dit-5Y '61 6,4 07-08-19% 01:35PM FROM Radzwill & Couri Law Offi C (1) 5-592.310 STATE An)1k�ANU TO 4418823 P.04 16,1992 'VI�JQ[irL�C�TSA Ac�y'isITZ911�ISA1. A. / 41 Cc., - �arosl Pr""% Vol t.vut Zv+ed• 4rper } !fi r L� ��r �r �__ N&Ae11t *ad Sent Iraq t pc07srt7 A44"N.� a �ie t l t Apt 0 � 2 du Ss y 3 e 1lLp� T, a� t*� f py���.�) i�r f a as (%:Lt land value is impported b7i I"d "aloa is the •yplaiaal Of 74raol No. -1 lr! C�,t• , s.�ElA Pso3�t Cospiaebi,s 84100 book rab as CcupKie Sales Ko. aosy�arabla sAl�l attaabad bsreto �• fns "�• f 1 �fL'�� 1Wss< al"'f+r^M!s ! 7, �fpp. /A Aar** Of Squ fty 0 " Aaron or U—Ma" TO A parsaneat �_ �Z.11 � �. 4cres ot�iRr�. a �, Q/.�=-■O � _ _ * ,.,,�,,,r, �� 1lorss at�ig+-8�• b " . sora . 50 y 0s, MEMO 70 at M2M. �e�i�� OR TA1A7'QFaC10At. YR1:10 I TOT WXAd TO R$(A7? M i Djaorlgtigu of Erarus Yte114 Valve mo'tAL ea 4-0-4", metal satixotad fair Kaxicat Volae of A 44tAitioa and Rc-- sdrr Aw4go , b Appraiser Pat* of Sigantsure V `� 1 07-08-19% 01:36PM FROM TOTAL P-05 I Claims List for Approval 1 For the period 07/0:/96 to 07/03%96 I: CLAIM TOTAL /j E 1 T WHOM PA FOR WHAT PURPOSEAT NUMBER CMA RETIREMENT TRUST FAY PERIOD ENDED 6/29/96 07/03/96 1670 507.28 '3 s PUBLIC EMPLOYEES RETIREMENT FUND EMPLOYER/EMPLOYEE i6 SHARE 6/29/96 07/03/96 1671 899.72 e to 07/03/96 1681 302.50 ,o ECM PUBLISHERS INC PUBLIC NOTICES 1682 299.42 07/03/96 yyq t3 BANK OF ELK RIVER FED.WITH,SS,MEDICARE-6/29/96 07/03/96 ,{ .15 .. 1672 2,988.03 1! n ,e ' 07/03/96 1688 *s CYTY 0'' `£i t4. FtZ1i .: :- x' FIRE CONTRACT 07/03/96 1663 .. w b7 .961 .94 07/03/96 1689 560.22 u z3 2• JUNE CLEANING 07/03/96 W. :2! 667.22 ►IS1 R GAS SERVICE -SHOP & CITY HALL 07/03/96 127 Nt, 159.82 Ze 29 30 31 STATE PITA. £EDIT UNITS PAY PERIOD 6/29/96 - 07/03/96 , 4>, >z AFF, mum �eTflILET RENTAL r 07/03/96 1673 - 125.00 1674'�..-' 106.50 �.. TV 1 11L Ai<4C"bTi7T1 C _ ..., .� CTDCW,61 F T FTRF rnt4TRA(_7'� T f a 07/03/9b `... 1675 6.717.68 PHONE SERVICE 07/03/96 1676 45.14 37 xii >a 4 _ QS YE �� r 3UL RECYC{:I{+IG,�� y� 07/03!96 167? BESi �D74A�QF�it;E -SUPPLIES- � 07/034961678 % SREZ lFt^" BAR" MUGS - 07/03/96 1679 A 53.75 143.83 106 .50 40 DUERRS WATERCARE SERVICE WATER & CUPS -SHOP 07/03/96 1680 27.90 Al EAST TONKA SANITATION JUNE RECYCLING 07/03/96 1681 302.50 42 ECM PUBLISHERS INC PUBLIC NOTICES 1682 299.42 07/03/96 yyq t07/03/96 1-l'.1. W 153 EDWARD KRAEMER & SONS ' 07/03/96 1688 *s CYTY 0'' `£i t4. FtZ1i .: :- x' FIRE CONTRACT 07/03/96 1663 .. w b7 .961 .94 ELK RIVER MUNICIPAL UTILITIES ELEC.SERVICE.GAR.CITY HALL,ST.LGTS 07/03/96 1684 662.98 EULI'- MANUF�IG,TURING CO �% PATIO BLOCKS 07/03/96 1685 10.65 1 GLENS=TRUCK'7bENTER.. FILTERS ILTERS 07/03/96 1686 20.96 __ ,. IS 5 PPLZ S 07/03/96 1687 18.83 153 EDWARD KRAEMER & SONS AG LIME INV. #68421 07/03/96 1688 332.42 LAPLANT SANITATION INC GARBAGE SERVICE & JUNE RECYCLING 07/03/96 1689 560.22 LONG &,SONS" JUNE CLEANING 07/03/96 1690 667.22 ►IS1 MINNEGASCO GAS SERVICE -SHOP & CITY HALL 07/03/96 1691 159.82 H Claims List for Approval For the period 07/03/96 to 07/03/96 CLAIM TOTAi 3I TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER —CLAIM 14 17 MARCO BUSINESS PRODUCTS DICTAPHONE,HEADSET & EXPRESSWRITER 07/03/96 1692 744.44 I° NAPA OF ELK RIVER NC OIL & FUEL FILTERS 07/03/96 1693 34.8' ' JERRY OLSONJUNE BLDG.INSP.& CODE ENFORCE. 07/03/96 1694 2,513.a1 lie ° STEPHEN CONROY, ATTORNEY CODE ENFORCEMENT LEGAL SERVICE 07/03/96 1695 379.00 `O ROBERT SCHAFER REIMBURSE DAMAGE DEPOSIT 07/03/96 1696 378.7C I" TARGET STORES GARDEN HOSE—PARKS 07/03/96 1697 83.14 12INCBLADES BOLT SEAL RING PARTS 07/03/96 1698 655.5-- t0 U.S. WEST COMMUNICATIONS PHONE SERVICE,CITY HALL,SHOP,PARKS 07/03/96 1699 478.03 /6 H G WEBER OIL COMPANY DIESEL FUEL 07/03/96 1700 897.88 .t7 WRIGHT COUNTY RECORDER RECORDING FEE 07/03/96 1701 19.5C 1° — ASSN .SER W CITYHALL ST.LGT SIRE 07/03/96 1702 823.41 20a 21 22 RADZWILL LAW OFFICE MAY LEGAL SERVICE 07/03/96 1703 3,908.50 2a 24 26 x 27 24 2° 30 .-TOTAL F()F2 93.634. ' 36 TOTAL YEAR TO DATE 165,359.- 137 . , Lt,K =a #c. l ;.. -• s• a`k qg x > aa - , ,. > �. dr: ....., a. x-.... .,, . r4. 143 Al s .. -� �.. .�' U may' si. �i` `� -.' � •' �'< ti S.,Y: .,<s §z: y� �.0 ,� '�».»...-: '�srins �'%.' ,�g.�• _ x .,. IS C' •, a4' .,%. e .. .r .,` • s, .." ..c 47 4e 4° ..J�`K�� y4 d%` � "�� � 2: �, �� aM' L 'A-... �4+.' ... ... �a •k .fir h ' S SJ n4 ISS' I seI i Claims List for APProval 1 Fnr t h 7 /9n t i Cif - 7 /Cot-, -- 1. CLAIM TOTAL ,31 TO WHOM PATO FOR WHAT PURPOSF _ DATF NUMB R CIATM MEDICA JULY PREMIUM 06/27/96 1666 1,555.7E 7 ','[... 71F� 77d