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07-13-98 CC544 - 3RD STREET NW ELK RIVER, MN 55330 PHONE (612)441-8591 FAX (612)441-8604 July 7, 1998 Mr. Mike Robertson, City Administrator City of Otsego 8899 Nashua Ave. N.E. Otsego Mn. 55330 Dear Mr. Robertson, My name is Marlon Glines of DYNAMICS DESIGN & LAND CO. I am representing DYNAMICS, CHRISTIAN PROPERTIES, David and Ardis Eide, Harold and Kenneth Zimmer, and Floyd Roden with a request to have land in the Southwest ''/< of Section 36, Twp. 121 N, Rng. 24 W; part of Section 31,Twp. 121 N, Rng. 24 W; and parts of Sections 5 and 6, Twp. 120 N, Rng. 23 W included in the City of Albertville Urban Service District. The total land area will be approximately 513 acres +/- of which 232.32 acres are within the Otsego city limits. (see attached map of area) We understand that this will require having a Joint Powers Agreement between the two cities for city sewer and water through the Albertville facilities. We feel a mix of zoning would best fit this large amount of land. Starting adjacent to Interstate Freeway #94, land easterly and adjacent to the City of Albertville lagoons, and through the balance of the properties a mix of Highway Commercial, Business Park, a transition area of Multiple Family with a variety of densities, and Single Family Housing should be a positive blend of zoning for an area of this magnitude and its proximity to the current freeway interchange with County Road # 37. Because of the interchange proximity and the relatively short distance to anticipated extensions of Albertville Municipal Services we believe that the highest and best use of these properties can be achieved through the use of municipal sewer and water connection. DESIGN <Pi LAND CO. 544 - 3RD STREET NW ELK RIVER, MN 55330 PHONE (612)441-8591 FAX (612)441-8604 The Commercial and Business Park uses can help balance a city's tax base and take some of the burden off the residents. The Multiple Family can transition into the Single Family which would then be adjacent to existing residence. We are asking that this letter be respectfully submitted to Mayor Larry Fournier and the members of the City Council. We know this request will require a great deal of discussion between the cities of Otsego and Albertville. We are available to meet with Staff, Planners, Engineers, and Elected Officials of Otsego and Albertville to assist in any way that we can. We appreciate the time it takes to review a request such as ours and look forward to working with you. Respectfully submitted, Marlon Glines, Co - Owner DYNAMICS DESIGN & LAND CO., L. L. C. EAST PART ng nn Land O T S E G Planning CITY OF EAST PART FRA N K F O R o ` MAP o� /-\ala A 29 T T 120-121 N -R.23 W X5-1 V- ' ' ,John Oliver & Associates, Inc. ♦ Land Surveying Lan SHO Dodge Avenue • Elk River, Minnesota 55.3.30 ♦♦ LanSite Plan Development (612) 441.2072 • Fax: (612) 441.5665 201 West Travelers Trail, Suite 200 • Burnsville, Minnesota 5533' ♦ Civil Engineering (612) 894.3045 . Fax: (612) 894.3049 ♦ Municipal Engineering Jacquie Rognli Corporate Communications 8928 Ohland Avenue N.E. Otsego (Elk River), MN 55330 (612) 441-7239 July 7, 1998 Otsego Mayor, City Council, Commissions, and Staff, City Administrator Mike Robertson and I have discussed publishing a special Comprehensive Plan issue of the Otsego View and timing delivery prior to the public hearing. This could be an excellent means of presenting a synopsis of the revised plan information to the citizens of Otsego in an easy to read format. Some of the things that the city may wish to include are: • A map that will reproduce clearly in 8-1/2" X 14" format for the center section. • A synopsis of changes. • How the Comprehensive Plan is utilized by the city, including how it will affect development and sewer and water. • The thought process and procedure that Planning Commission and Council have taken to get to this point, including consideration of public opinions. How residents can contribute their opinions. Announcement of the hearing date. Public hearing procedure. Comments from the Mayor. I would very much appreciate receiving assistance from city staff in compiling this information. Scheduling publication of this issue is dependent on when the City Council and Planning Commission feel they are ready to set a hearing date, but I would need submissions a minimum of two weeks before a Saturday distribution date. It would be better not to schedule delivery during the September 5 Labor Day weekend. Also to consider, I will be gone the weeks of August 2-8 and August 23-29. Because this will be a special "All Comprehensive Plan" issue, we will not include the regular columns on a feature business, Park & Rec Corner, and Historical Highlights. Sincerely, qui16 Rognli 41-7239 fax 441-1147 email JRognli@compuserve.com CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 4. Open Forum: (D- M -note Limit) Elaine Beatty Council of: 7/13/98-6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 4.1. Special Presentation by Abdo, Abdo, Eich and Meyers LLP - Overview and explaination of the 1997 Audit Report for the City of Otsego by Steve McDonald. BACKGROUND- Attached is the City of Otsego Annual Financial Report from Abdo, Abdo, Eich and Meyers LLP. Steve McDonald, Auditor will be present to exp -7a --"n the audit report for Year ended December 31, 1997 and answer any questions you may have. RECOMMENDATION: This is for Counci- review and consideration for approval. Thanks, E l a—_ -nye CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 4. Open Forum:,3 Minute Limit; Elaine Beatty Council of: 7/13/98-6:302M ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 4.2.Gary Groen - Recommendations Re: City Finances and Accounting BACKGROUND: Attached is a memo from Mike Robertson, Administrator Re: the above. Gary Groen will be here to explain and answer any questions as to recommendations for City Finances and Accounting. RECOHMNDATION : This is for Council review and consideration for approval. T 8nks, Laine MEMO Date: July 8, 1998 To: Mayor & Council From: City Administrator Mike Robertson Re: 1997 Audit Recommendations City Accountant Gary Groen and I have the following recommendations with regard to the 1997 audit. TREE FUND Per review of our records $610 has been donated in the past to the City to be used for the planting of trees. This money has never been accounted for separately and is currently aggregated as part of the General Fund. We recommend that this amount be removed from the General Fund and accounted for in a separate fund. PARK SHELTER Per review of our records $3,137 has been donated to the City in the past to be used for construction of a park shelter. The vast majority of this money was donated at auctions the City held in the past. This money has never been accounted for separately and is currently aggregated as part of the General Fund. We recommend that this amount be removed from the General Fund and accounted for in a separate fund. REVOLVING CAPITAL IMPROVEMENTS FUND There are some funds that seem to be available to assist with the financing of future capital improvement projects. For example, on MSA construction projects from 1992 to 1997 the City has collected $97,391 in assessments. In addition, there has been $27,416 in interest earned on the cash in those accounts. This totals $124,807. Assuming there are no other obligations on this money, it could be used for another improvement. There are also the funds remaining in the Project 94-2 (Odean & County Rd 37 Re -Alignment) account. These funds total $11,361. As far as anyone knows there is not any work remaining to be done on this project. This account should be closed and the funds transferred to another improvement account. We recommend that the City set up a Revolving Capital Improvement Fund. This fund would receive transfers of any funds remaining in closed out improvement projects. This fund would also receive assessments paid by benefiting properties on MSA projects. If the monies noted above had no other obligations they would total $136,168, which would be a good start toward establishing such a fund. These monies are accounted for as part of various project funds and would not be taken from the General Fund. Along with setting up this fund the City should develop a policy governing it's use and the role it should play in the financing of capital improvement projects. 2 CITY OF OTSEGO INVESTMENT SCHEDULE YEAR ENDED DECEMBER 31, 1998 Investment Purchase Maturity Balance 1998 1998 Balance Type Date Date 12/31/97 Purchases Sales 6/30/98 Lasalle CD -EJ 7/14/95 12/2/02 $ 22,176.00 $ 22,176.00 FHMA-EJ 7/14/95 12/10/98 98,750.56 98,750.56 MBNA -CD -SB 7/18/95 5/10/99 51,274.17 51,274.17 FNMA -SB 7/18/95 3/10/04 50,932.95 50,932.95 - FNMA-DAIN 7/19/95 4/13/00 78,572.81 78,572.81 - FNMA -SB 8/2/95 2/18/04 49,855.00 49,855.00 - FN MA -SB 12/27/95 8/12/03 51,171.88 51,171.88 FNMA -SB 7/10/96 5/21/03 50,291.34 50,291.34 FHLM-EJ 7/19/96 7/9/98 25,080.21 25,080.21 FHLB-DAIN 7/25/96 3/5/01 29,885.87 29,885.87 FHLB-DAIN 10/8/96 3/6/01 59,641.99 59,641.99 - FNMA -SB 3/25/97 11/10/05 65,330.59 65,330.59 CD -Bk of ER 12/31/96 12/31/98 211,228.96 211,228.96 CD -Bk of ER 7/17/97 7/17/98 100,000.00 100,000.00 CD -Bank of ER 12/4/97 12/4/98 200,000.00 200,000.00 - CD -Bank of ER 12/4/97 12/4/98 100,000.00 100,000.00 CD -Bank of ER 12/4/97 12/4/98 100,000.00 100,000.00 - Totals 1,344,192.33 - 539, 002.75 $ 805,189.58 PLUS SMITH BARNEY FUNDS 9,549.03 TOTAL $ 814,738.61 June Cash and Investments Consists of: Checking $ 62,041.28 Money Market Savings 1,119.56 Investments Scheduled Above 814,738.61 Total $ 877,899.45 SB -Smith Barney DAIN-Dain Bosworth EJ -Edward Jones MUNICIPAL OF CIT'r' OF OTSEGC ,569.92 $ 877, C A S H C 0 N T R 0 L For the PtrioOIIOIZ98 to 06/30/98 FUND BEGINNING TOTAL TOTAL ENDING >GENERAL FUND BALANCE RECEIPTS DISBURSEMENTS BALANCE 5; ' $ 506,216.90 $ 239,404.88 $ 75.5,134.70 $ -9,512.9. A. iFIRE FUND . N 0, O 8,953.00 ,. 4,267.50 4,685:5 _PARK DEVELOPMENT FUND 47,958.35 54,376.64 8,258.54 10,583.02 3,376.00 58,676.38 52,840,81 6,283.2N . S ANc_.c RESERVE FUND 12,815.52 0.00 0.00 12,815.5-, FUND 0.00 0.00 0.00 0.0", CAPITAL EQUIPMENT FUND 85,873.76 0.00 0.00 85,873,7r FUND 2,437.27 57,878.50 168,469.8_ BUILDING CONSTUCTION,FUNd 0.00 141,077.65 0.00 0.00 0.00 0.00 0.0( 141,077.6 l'S L :WATERSHED PROJECT FUND 3• 54,313.24 0.00 6,738.60 22,363.54 0.00 130,140.1. 61,051.8 _PUBLIC IMPROVEMENT FUND 0.00 0.00 0.00 O,OC 94 -2 -37TH A _ISLAND VIEW PROJECT 95-01 6:98 FUND71,472,72 0.00 0.00 0.00 0.00 11,246.9E 71,472.72 MISSISSIPPI SHORES :FUND :. 0.*00 0:00 0.00' . 0.0c 0.00 0.00 6,625.60 -6,625.6C _G.O.BONDS OF 1996A FUND 186,171.29 16,174.30 76,771.25 125,.574.3- i�'tJi`d IC Ii�AL WELL FUND -DnELOPMENT 24,619.88 1,883.39 1,232.17 25,271.1C ESCROWN �.:BUILDERS ESCROW FUND.::9,553.73:.. 81537.44 13,300.00 19,244.28 2,000.00 -23,619.27 20,853.73 ,569.92 $ 877, CITY OF OTSEGO INVESTMENT SCHEDULE YEAR ENDED DECEMBER 31, 1998 Investment Type Purchase Date Maturity Date Balance 12/31/97 1998 1998 Purchases Sales Balance 5/31/98 Lasalle CD -EJ 7/14/95 12/2/02 $ 22,176.00 $ 22,176.00 FHMA-EJ 7/14/95 12/10/98 98,750.56 98,750.56 MBNA -CD -SB 7/18/95 5/10/99 51,274.17 51,274.17 FNMA -SB 7/18/95 3/10/04 50,932.95 50,932.95 - FNMA-DAIN 7/19/95 4/13/00 78,572.81 78,572.81 - FNMA -SB 8/2/95 2/18/04 49,855.00 49,855.00 - FNMA -SB 12/27/95 8/12/03 51,171.88 51,171.88 FNMA -SB 7/10/96 5/21/03 50,291.34 50,291.34 FHLM-EJ 7/19/96 7/9/98 25,080.21 25,080.21 FHLB-DAIN 7/25/96 3/5/01 29,885.87 29,885.87 FHLB-DAIN 10/8/96 3/6/01 59,641.99 59,641.99 - FNMA -SB 3/25/97 11/10/05 65,330.59 65,330.59 CD -Bk of ER 12/31/96 12/31/98 211,228.96 211,228.96 CD -Bk of ER 7/17/97 7/17/98 100,000.00 100,000.00 CD -Bank of ER 12/4/97 12/4/98 200,000.00 200,000.00 CD -Bank of ER 12/4/97 12/4/98 100,000.00 100,000.00 CD -Bank of ER 12/4/97 12/4/98 100,000.00 100,000.00 - Totals 1,344,192.33 - 339,002.75 $ 1,005,189.58 PLUS SMITH BARNEY FUNDS 9,549.03 TOTAL $ 1,014,738.61 May Cash and Investments Consists of: Checking $ 81,478.72 Money Market Savings 1,117.16 Investments Scheduled Above 1,014,738.61 Total $ 1,097,334.49 SB -Smith Barney DAIN-Dain Bosworth EJ -Edward Jones 31jE. lci:PAL _< 3ini ETE nGDc F<,-rRnIA FUND n nn 71 .472 72 9,553.73 9,700.00 0.00 19,253.73 C 12 13 MUNICIPAL OF :CITY. OF OTSEGO f 14TERIM FINANCIAL REPORT e K �R ib ( 17 GENERAL FUND ,a Varian' 20 Favorab 21 dget Actual Unav r eceipts= BLDG PERMIT SURCHG PAYABL 0.00 1,375.10 1,375.10 4 SALES TAX PAYABLE 0.00 228.01 228.01 o25 DAMAGE DEPOSIT PF4'Slrt BLE O .'00 -3. 265.00 3 , 2€s E}0 26 Q.OQ. 0.19 ci9 PROPERTY TAXES 76 505 QO 18.236.96 ` 74 2e BUSINESS LICENSES/PERMITS 7,000.00 4,595.00 ( 2,405.00) ,( 29 DOG LICENSES 100.00 45.00 ( 55.00) 30 BUILDING PERMITS 50 000.00 29 164.18 20 835.82 3, SEPTIC 5�"�€M PERI LITS 250 QO 3 ,38Q . QO 630 40, W( 32 WETLAND RLt�i FEESEO ;aQ 560 00 ;( 140.30) 33 WEIGHT PER ITS5 ...3 5a. O LOCAL GOVERNMENT AID 112,547.00 0.00 ( 112,547.00) ( 35 HOMESTEAD CREDIT 146,855.00 0.00 ( 146,855.00) 36 DISASTER AID 8,471.00 3S,652.00 27 181.00 37 RECYCLING GRANT/AID 3,000.00 1,131.10 ( 1 ;868.90 38 POLICE AI€3 8;000.00 0.00',( 8,004_00) 391 ,-:MSA. MAINTENANCE 74. 000 .00 38,500.50 •. <. 35499.50. 4o CHARGES FOR SERVICES -GENERAL 5,000.00 665.00 ( 4,335.00) 41 CONDITIONAL USE/VARIANCE FEES 2,500.00 1,881.94 ( 618.06) 42 SUBDIVISION FEES 1,000.00 0.00 ( 1,000.00) ` ZONING/TEXT; AMENDMENT FEE ISOOO-00 150.00 ( 850_00) 44 ASSESSMENT/SEPTICSEARCHES 2,100:00 2,230.00 130,00 SNOW PLOWING 1 ` 100 OQ 0.00 45 MAPS/COPIES/MISC.SALES 500.00 302.23 ( 197.77) 47 TOPO SALES 2,500,00 25.00 ( 2,475.00) 4E GRAVEL HAULING 0.00 3,017.71 3.017.71 49i MINING' FEES 0.00 ' 12,845 X10 12,845.'10 t oo RECREATION FEES 2,575_00 0.00 ( 2,575.00) 01• SPECIAL ASSESSMENTS - 0.00 140.00140..00 52 INTEREST EARNINGS 18,000.00 1S,829.44 ( 2,170.56) i 33 DONATIONS 0.00 361.00 361.00 i34 OLD CITY HALL/PEAVEY HSE RENT 9,300.00 4,970.00 4,330.00) 35 FRANCHISE FEES 7,100.00 8,845.80 1,745:80 3g OTHER/MISCELL 600.00 37,33 ( 562.67) .- :_..076.89 7!. - .CLEAN UP - DAY .'. <.. �;: -300::00 .. '.._. �3 376.89 -. .3 - REFUNDS & REIMBURSEMENTS 5,000.00 20,742.47 15,742.47 CITY HALL RENT 0.00 3,430.00 3 430.00 Total Revenues 1,233,553.00 215,032.89 ( 1,018-5-20-11) SALE OF INVESTMENTS 0.00 TRANSFERS FROM OTHER FUNDS 0.00 Z MUYPAE» QF 'CITY OF "fJTSEG� �k S CITY HALL -8899 NASHUA 78,076.00 8,660.09 69,415.91 -2A 23 OLD TOWN HALL 0.00 1,964.96 ( 1,964.96) 25 P 4l..I CE x 1 Q3 506 00 43 , 252.50 60,55S.50 a 2a �9,5Q0_Qf 857.42 18,21 10,642.58 a FUND '�`a ,y g:1v. `£ .<+� ♦ e '� t+ay -%,fix HIGHWAYS, STREETS & ROADWAYS 374 846.00 L 244,043.81 �{ Favorab�� 6. STREET LIGHTING 12,000.00 4,903.54 _ 30 u ge c ua avora e z " 10 HERITAGE P aER EII 6 09I.00 6,037-70 53.3Q ,Disbursements: 33 .. 12 �i33J, r . spv WASTEWATER FACILITY r 13 1a F i STRAT 4N t256,465,00 108,187.34 14Q: OTHER FINANCING USES ':..: PLANNING GOMMISS1QI� *700 X00a.as 44,821.00 z�.. 38i 1s .:. C 16 ENGINEER 52,000.00 36,251.52 15,748.48 r 17 PLANNER 53,500.00 17,965.81 35,534.19 1a 19F INANUL:s RECYCLING ` 32,QQQ�OQ s 12,343 2521 19,15f5 t zo, EGA SERUI CES 40 410ther Financing Uses 142 ---'r ginning Casn balance 47 49ra8n valance as or vp/--,S/7o -- -- `.. 3O i33 34 33, l CITY HALL -8899 NASHUA 78,076.00 8,660.09 69,415.91 -2A 23 OLD TOWN HALL 0.00 1,964.96 ( 1,964.96) 25 P 4l..I CE x 1 Q3 506 00 43 , 252.50 60,55S.50 2a �9,5Q0_Qf 857.42 18,21 10,642.58 HIGHWAYS, STREETS & ROADWAYS 374 846.00 130,802.19 244,043.81 �{ 29 STREET LIGHTING 12,000.00 4,903.54 7,096.46 30 PARKS-:`;-;*-MAIERtx� , 291 .;00 - 24 , 7b5 _30 ( s„ 15 ; 4?431 3Q z " s2 HERITAGE P aER EII 6 09I.00 6,037-70 53.3Q 33 .. �i33J, WASTEWATER FACILITY 0.00 17,531.24 ( 17,531.24) OTHER FINANCING USES 53,321.00 8,500.00 44,821.00 38i C 371 _ Total Disbursements 1,246,053.00 504,602.77 741,450.23 ,a; 39E 40 410ther Financing Uses 142 PURCHASE OF INVESTMENTS 0.00 143[ _. A 4 ti ---'r ginning Casn balance 47 49ra8n valance as or vp/--,S/7o -- -- `.. 3O i33 34 33, l { WRIGHT COUNTY �� ' JUL 13 1998 N7v 0._1 HUMAN SERVICES J vO �2 � 2 d 78B$ Don R. Mleziva, Director July 10, 1998 Mayor Larry Fournier 16632 70th Street NE Elk River, MN 55330 Dear Mayor Fournier: AGENCY 10 2nd'Stt`1'�V�; �ot�m 3fi0' - Buffalo, MN 55313-1191 Social Services 682-7400 Public Health 682-7456 Financial Services 682-7414 Toll Free 1-800-362-3667 Fax 682-7701 We are now at the midway point of the year. Wright County along with RiverRider has made progress over the year, and we are hopeful that you are pleased with the services. The intent of Wright County at this time is to continue with the growth and development of RiverRider. As you prepare for your 1999 budget year, Wright County and RiverRider are requesting that you plan for a financial contribution that matches your 1998 contribution. Please send us your 1998 contribution of $3,195 at your earliest convenience. Over the remainder of 1998, Wright County and RiverRider will look to improve services and communication with your local community. The transportation task force will also be addressing the issues of welfare -to -work, ridership, current goals, and future expansion. Changes will also be taking place in the assigned staff. This past spring, Joyce Lundstrom retired from Sherburne County and RiverRider. Her replacement will be announced in mid to late July. In the interim, Sue Siemers has been the transit coordinator and will continue to do so until the new individual is on the job. Additionally, I have resigned from my position with Wright County effective July 23. Mary Bonlender will be your contact person until my replacement is hired. If you have any questions, please feel free to call me at (612) 682-7395 or 1-800-362-3667, ext. 7395. You may also reach me via e-mail at bhb7395@co.wright.mn.us. Sincerely, 4_1'� �_ Bert Bailey 7 Social Services Supervisor cc: Ms. Elaine Beatty EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 11 15. CONSENT AGENDA (Non -Controversial Items) Elaine Beatty Council 7/13/98-6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 5.1. Declare Saturday July 18, 1998 - 10AM to 4PM Otsego Family Fun Day. 5.2. Council approval of "No Parking" signs to be placed by City Crews on the East side of Page Ave. NE from 85th to 90th Sts. BACKGROUND: 5.1. Attached is a proclamation declaring Saturday July 18, 1998 - 10AM to 4PM to be Otsego Family Fun Day. 5.2. Attached is a Memo from John Harwood explaining the need for "No Par'<ing signs on the East side of Page Avenue NE from 85TH to 90TH Streets. RECONWNDATION : This is for Counci_ review and consent for approval. if council wants to discuss further or disagrees, it can be moved to another poftion of the agenda. Th nzs, Elaine PROCLAMATION - CITY OF OTSEGO - *OTSEGO FAMILY FUN DAY* WHEREAS, the City of Otsego Parks and Recreation Commission has planned and set a date for a yearly Otsego Family Fun Day, and WHEREAS, the place for this celebration is the New City Hall and Otsego Prairie Park location at 8899 Nashua Avenue NE, and WHEREAS a date of July 18, 1998 has been set by the Parks and Recreation Commission for this celebration of Otsego Family Fun Day, NOW THEREFORE, the Mayor and City Council of the City of Otsego hereby declare that the date of July 18, 1998 be recognized officially as "OTSEGO FAMILY FUN DAY". Dated this 13th day of July, 1998 CITY OF OTSEGO: LARRY FOURNIER, MAYOR ATTEST: Elaine Beatty, City Clerk File: Nrt-ReLAT'S JUN.29.1999 2:52PM TO:OTSEGO IWIIHakanson Anderson Assoc., Inc. MEMOIR 0 D U► M NO. 933 P.1/2 t 3601 Thurston Avenue Anoka, Minnesota 55303 612/427-5860 Fax 612/427A)= 0529 TO: Mike Robertson, City Ad ini tr or FROM: John A. Harwood, PE DATE: June 29, 1998 RE: Summarization Mem ike rail Design Alternative Dear Mike: This memo is intended as a summar co to t s�madeke raduring the il Project D evening esign eVon-s to These revisions are a result of the meetings, and of the subsequent discu si ns with tie City Council. 1) Ohland Avenue and 961 Street The basic design put the path c nt line :►0 ft. from the road centerline within a 40 ft. half width right- f ay The design is for a 10 ft. bituminous path on a 14 ft. gravel base. o a 12 ft. street travel lane, the distance from edge of bituminous road t e g of bituminous path therefore was 13 ft. drai a e ipe and catch basin in the north ditch a) The revision to add a the County Paday rk at wbe lace nand of. 96�' Street between ttr rn ra b nag a al ows the itch entrance provides for 11110 s or pathway construction closer to the shallower, which in turn ing. 'The bituminous edge of the bike road, at the minimum 10 t. p 96Ih 'etu path can be located d 2 f n be use Streis of the atwocenterehouses on o dimension will save trees. Place and Ohland Avenue will b) The three leg intersection of N. h . Ogren City crews will furnish and install the be signed for all way sto t! nal stop lines required for Ohland will be stop signs. The two add added to the contract. 2? Page Avenue After discussion with property o ne s, and after review droadpb bike lane on Mn/DOT, the bike lane has been re oc ed to be a two way bike lanes are constructed on along the east side of Page. No m liy I i on ro;3d in tho same direction as traffic. For each side of the road so bike t av t future driveways on the east side, a Page, since there will be no cure �e he conditions related to approval are single two way path was appy ontrolled by stop signs, and that the that all intersecting streets mint a Engineers Lands ap Arhitects C:\Sharo\WPmunl\AOTSEGO\709\ot7O9mrl.doc Surveyors JUN.29.199e 2:53PM Mike Robertson Page 2 June 29, 1998 east side must be signed for no 'pa and should be conveyed to the �rc a) The 4 leg intersection of 8` ar The City crews will furni h nd painted stop lines, one o 8 th the contract. Painted st p I ne added to the contract to ein or b) No parking signs will be fu ni: east side of Pa from 8 "' o i1A V ttv Council action. 3) Other Locations a) The off-road path from te essentially as shown on thIgrade for better drainage. T chain link fence at the so was purchased, a condii woven wire fence betwe the east. This fence is ur for a pedestrian crosswall b) The bike trail on Nashua Odean, south of CR 39 east of CR 42 at Park areas will be painted for I 4) Future Considerations The bike paths constructed wi There were some comments disconnected in that the paths Next year the City will be doing program. At that time we shop add bike lane definition stripin need to coordinate with Wrigh crossing painting added or refre cc: Kelvin Howieson, Mn/DO Ron Wagner, Hakanson E David Chase, City Street Norm Hagen, Inspector C:\Share\Wpmuni\AOTSEGO\709\ot7O9mrl.doc 0 0 n the Je cl a k No.933 r -.(__/c This no parking requirement is new owners. i Page will be signed for all way stop. )lace the stop signs. The 3 additional it. and two on Page, will be added to on 8-91h and on 87th and Page will be e the stop conditions. ied arid placed by Cit crews the pth _ The pro 1 ition of parking should :) the school has been constructed ins with minor field revisions to the chool is in the process of opening the i of ttie pathway. When the property the .acquisition was to construct a path and the agricultural property to nstruction. 85' Street will be painted new bike trail location. .he widened areas north of CR 39 at Parri;5h, east of CR 42 at 85t1, and Parrierd as shown on the plans. All truct definition. hthi project are a start on a "system". f m the public that the work seems ,a i not complete between destinations. i f irl significant street painting and striping Id v luate i:he pedestrian and bike system, ,Ind add painted crosswalks. We would G u y and have bike lane and pedestrian ha j o county roads. uE rsc erit Ass`s Ztes, Inc. 3ndent Hakanson 1211 Anderson Assoc., Inc. CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 6. Can Licht, Assistant City Planner Elaine Beatty Council of: 7/13/98-6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 6.1. Consider application of Chris and Kari Haeska, 14833 - 70TH ST NE PID #118-500-331100. property on Packard Ave NE and Co Rd #37 (70TH ST NE) Request is as follows: 1. An Interim Use Permit to allow the keeping of a horse upon their 5 acre property Zoned R-2 (Residential Immediate Urban Service Area) which allows keeping of farm animals as an interim use. 2. A Conditional Use Permit to allow accessory building area greater than 2,000 sq. ft. on a single family lot. BACKGROUND: The above item carte before the P.C. on July 1, 1998 for public Nearing. One resident/neighbor spoke in favor of the application. Attached is a copy of that portion of the Draft Minutes. the following motion was made: 1. RICHARD NICHOLS MOTIONED TO APPROVE THE APPLICANTS REQUEST FOR AN INTERIM USE PERMIT TO ALLOW FOR UP TO FIVE (5) HORSES SUBJECT TO THE SEVEN CONDITIONS LISTED IN NAC'S REPORT. EUGENE GOENNER SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. 2. RICHARD NICHOLS MOTIONED TO RECOMMEND APPROVAL OF A CONDITIONAL USE PERMIT TO CONSTRUCT A BUILDING EXCEEDING 2,000 SQ. FT. BRUCE RASK SECONDED THE MOTION. ALL IN FAVOR. NOTION CARRIED UNANIMOUSLY. Attached for your information are the findings of fact for the nterfm Use Permit and the Conditional Use Permit. RECOMMENDATION: Is to approve the above request for Interim Use Permit and Conditional Use Permit as noted in the above motions 1 and 2. CITY OF OTSEGO PLANNING COMMISSION MEETING JULY 1, 1998 - 8:00 PM OTSEGO CITY HALL 1 Chair Carl Swenson will call the meeting to order: Chair Carl Swenson called the Planning Commission Meeting to order at 8:05PM. ROLL CALL: Present: Chair; Carl Swenson, Commissioners; Bruce Rask, Jim Kolles, Arleen Nagel, Richard Nichols, Eugene Goenner arrived at 8:10 PM. Council Representative; Vern Heidner, Mayor; Larry Fournier, Councilmembers; Mark Berning, Suzanne Ackerman, and Virginia Wendel. Staff: Mike Robertson, City Administrator; Dan Licht, Assistant City Planner; Elaine Beatty, City Clerk/Zoning Administrator. Consideration of the Planning Commission Minutes of June 17,199-8 RICHARD NICHOLS MOTIONED TO ADOPT THE JUNE 17, 1998 PLANNING COMMISSION MEETING MINUTES AS WRITTEN. ARLEEN NAGEL SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. 3 Public Hearing foray, Chris `' �""' u"�ska, 148 i3 70th St. oniicantsi�i�rnrrs ..�., a;.� ��a== . NE, OtsegoASN 55330 PID#118-500-331100. Legal description is: The West 495,00 ft of the East 990 00ft_ of the N 440.00 ft of the NE Quarter of Sec 33, Two 121, R 230 Wright Co.Mn Subject to Public Right of Way an subject to easements of record if any. Proper y is located on Packard Ave NE and Co Rd.# 39 Chair Swenson read the applicants request. Clerk, Elaine Beatty noted the proper publishing, posting and mailing has been done. Dan Licht gave the staff report. The applicants are requesting an Interim Use Permit to keep horses within the R-2 District, Immediate Urban Service Area (Large Lot). In addition, the proposed accessory building would exceed the allowed 2,000 sq. ft. This requires approval of a Condition Use Permit. NAC recommends approval of the applicants request subject to seven conditions listed in their report dated June 24, 1998. (see attached) Chair Swenson explained the formal procedure and opened the Public Hearing. Bryce Northrup He lives west of Haeskas and gives them his full support. Sees no reason why what they are requesting would be a problem. Virginia Wendel asked if it would be different for cattle or steers. Dan Licht said NO. Chair Swenson brought the discussion back to the Planning Commission for discussion. There was none. Went back for public comment, but no one wished to be heard. Chair Swenson closed the Public Hearing. PLANNING COMMISSION MEETING MINUTES of July 1, 1998 cont'd Page 2 RICHARD NICHOLS MOTIONED TO APPROVE THE APPLICANTS REQUEST FOR AN INTERIM USE PERMIT TO ALLOW FOR UP TO FIVE (5) HORSES SUBJECT TO THE SEVEN CONDITIONS LISTED IN NAC'S REPORT. EUGENE GOENNER SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. RICHARD NICHOLS MOTIONED TO RECOMMEND APPROVAL OF A CONDITIONAL USE PERMIT TO CONSTRUCT A BUILDING EXCEEDING 2,000 SQ. FT. BRUCE RASK SECONDED THE MOTION. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY. This will be on the City Council Agenda for July 13, 1998 at 6:30 PM. CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE: Interim Use Permit Approval FINDINGS OF FACT AND DECISION: Application of Kari and Christopher Haeska to keep horses on their property located at 14833 70th Street NE, which is zoned R-2, Immediate Urban Service Area (Large Lot). The Otsego City Council met at its regularly scheduled meeting on 13 mycat998 htoe consider the aforementioned application. Based upon the appI recommendation of the Planning Commission and evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT 1. The applicants are requesting approval of an interim use permit to allow the keeping of horses on their property within the R-2 District. 2. The legal description of the subject property is as follows: SEE ATTACHED EXHIBIT A 3. The subject property lies within the Rural Service Area as identified in the 1991 Comprehensive Plan, as amended. 4. Section 20-35-2.13 of the Zoning Ordinance directs e se effects of the propoanning sed interim terim n and City Council to consider seven possible use, as outlined in Section 20-4-2.F of the Zoning Ordinance. The seven effects and findings regarding them are: A. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: The 1991 Comprehensive suggests that locations along the north and east boundaries of the Rural Service transition frrea are pom agaculturete tions usesfor to keeping horses as they would facilitate a more urban uses in the Urban Service Area. The subject property is along the north boundary of the Rural Service Area consistent with the 1991 Comprehensive Plan recommendations. B. The proposed use's compatibility with present and future land uses of the area. Finding: The proposed use is not anticipated to have a negative impact to adjacent properties as appropriate separation distances and building materials are provided and applicable performance standards are satisfied. C. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: Approval of an interim use permit will be conditioned upon compliance with all applicable Zoning Ordinance provisions. D. The proposed use's effect upon the area in which it is proposed. Finding: The proposed use is not anticipated to have a negative impact to the area as appropriate separation distances and building materials are provided and applicable performance standards are satisfied. E. The proposed use's impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. F. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: The proposed use is not anticipated to generate any additional traffic. G. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Finding: The proposed use is not anticipated to have a negative impact to the City's service capacity. 5. The planning report dated 24 June 1998 prepared by Northwest Associated Consultants, Inc. is incorporated herein. 2 6. The Otsego Planning Commission conducted a public hearing, at their regular meeting on 1 July 1998, to consider the proposed interim use permit, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council approve the interim use permit based on the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinances, the applicants' request for an interim use permit to allow the keeping of horses within R-2, Immediate Urban Service Area (Large Lot) District is approved subject to the following conditions - 1 . onditions: 1. Not more than five (5) horses are kept or maintained on the subject site. 2. The attached garage or detached accessory structure may not be used for commercial or home occupation purposes. 3. The submitted building elevations be revised to indicate what portion of the facade is to be brick and what is wood lap siding. 4. Subject to review and approval of the Zoning Administrator, the structure where the horse(s) are kept is: a. Constructed of such material as is appropriate for the animal(s) involved. b. Maintained in good repair. C. Controlled as to temperature, ventilated and lighted compatible with the health and comfort of the animal(s). d. Of sufficient size to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition of debility, stress or abnormal behavior patterns. e. Cleaned as often as necessary to prevent contamination of the animal(s) contained therein and to minimize disease hazards and reduce odors. 5. All proposed fencing must comply with the provisions of Section 20-16-6 of the Zoning Ordinance. 3 r in ny one 6. If at least two written complaints are filed with the Zoning iAth he interimouse, the City month period regarding nuisance issues associa e ermit with the potential may, at its discretion, hold aere-hearing rdered by the City Council. revocation of the interim use permit 7_ Termination of the interim use shall be with the happening of any of the following events, whichever occurs first: The Comprehensive Plan is amended to include the subject property in the a. the Comprehensive Plan. immediate urban service area, as defined by b. Upon violation of conditions under which the permit was issued. c Upon change in the City's zoning regulation which renders the use non- conforming. The redevelopment of the use and property upon which it is located to a d district. permitted or conditional use as allowed within the respective zoning ADOPTED by the Otsego City Council this 13th day of July 1998. CITY OF OTSEGO By: Larry Fournier, Mayor ATTEST: 6:g� By. lerk/Zoning inistrator Elaine Beatty,4CJitY n Attach Legal Description Here EXHIBIT A CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA IN RE: Conditional Use Permit Approval FINDINGS OF FACT AND DECISION: Application of Kari and Christopher Haeska to allow total accessory building area greater than 2,000 square feet on their single family residential property located at 14833 70th Street NE. The Otsego City Council met at its regularly scheduled meeting on 13 July 1998 to consider the aforementioned application. Based upon the application, the recommendation of the Planning Commission and evidence received, the City Council now makes the following findings of fact and decision. FINDINGS OF FACT 1. The applicants are requesting approval of a conditional use permit to allow a total accessory building area greater than 2,000 square feet on a single family residential lot. 2. The legal description of the subject property is as follows: SEE ATTACHED EXHIBIT A 3. The subject property lies within the Rural Service Area as identified in the 1991 Comprehensive Plan, as amended. 4. The subject property is zoned R-2, Immediate Urban Service Area (Large Lot). 5. Section 20-4-2.F of the Zoning Ordinance directs the Planning Commission and City Council to consider seven possible adverse effects of the proposed conditional use The seven effects and findings regarding them are: A. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Finding: There is a demonstrated need for total accessory building area greater than 2,000 square feet on the subject single family lot as the proposed detached accessory structure is to be used for the keeping of horses. The keeping of horses in this area is recognized as appropriate by the Comprehensive Plan. As such, a building of appropriate size to accommodate this use is consistent with the Comprehensive Plan. B. The proposed use's compatibility with present and future land uses of the area. Finding: The proposed conditional use is not anticipated to have a negative impact to adjacent properties as appropriate separation distances and building materials are provided and applicable performance standards are satisfied. C. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Finding: Approval of an conditional use permit will be conditioned upon compliance with all applicable Zoning, Ordinance provisions. D. The proposed use's effect upon the area in which it is proposed. Finding: The proposed conditional use is not anticipated to have a negative impact to the area as appropriate separation distances and building materials are provided and applicable performance standards are satisfied. E. The proposed use's impact upon property values of the area in which it is proposed. Finding: Although no study has been completed, the proposed use is not anticipated to negatively impact area property values. F. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Finding: The proposed conditional use is not anticipated to generate any additional traffic. G. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Finding. The proposed conditional use is not anticipated to have a negative impact to the City's service capacity. 6. The planning report dated 24 June 1998 prepared by Northwest Associated Consultants, Inc. is incorporated herein. 6. The Otsego Planning Commission conducted a public hearing, at their regular meeting on 1 July 1998, to consider the proposed conditional use permit, preceded by published and mailed notice. Upon review of the application and evidence received, the Otsego Planning Commission closed the public hearing and recommended that the City Council approve the conditional use permit based on the aforementioned findings. DECISION Based on the foregoing considerations and applicable ordinances, the applicants' request for an conditional use permit to allow total accessory building area greater than 2,000 square feet on a single family residential lot is approved subject to the following conditions: 1. The attached garage or detached accessory structure may not be used for commercial or home occupation purposes. 2. The submitted building elevations be revised to indicate what portion of the facade is to be brick and what is wood lap siding. 3. Subject to review and approval of the Zoning Administrator, the structure where the horse(s) are kept is: a. Constructed of such material as is appropriate for the animal(s) involved. b. Maintained in good repair. C. Controlled as to temperature, ventilated and lighted compatible with the health and comfort of the animal(s). d. Of sufficient size to allow each animal to make normal postural and social adjustments with adequate freedom of movement. Inadequate space may be indicated by evidence of malnutrition, poor condition of debility, stress or abnormal behavior patterns. e. Cleaned as often as necessary to prevent contamination of the animal(s) contained therein and to minimize disease hazards and reduce odors. 3 4. All proposed fencing must comply with the provisions of Section 20-16-6 of the Zoning Ordinance. ADOPTED by the Otsego City Council this 13th day of July 1998. ATTEST: CITY OF OTSEGO Larry Fournier, Mayor MW I • • '•� • 51 Attach Legal Description Here EXHIBIT A WRIGHT COUNTY JNTv 0A, HUMAN SERVICES AGENCY 10 2nd Street NW, Room 300 ZO Buffalo, MN 55313-1191 Social Services 682-7400 Public Health 682-7456 i6 Q Financial Services 682-7414 2 ��r Toll Free 1-800-362-3667 7 788d Don R. Mleziva, Director Fax 682-7701 July 8, 1998 Larry Fournier Mayor 16632 NE 70th St. Otsego, MN 55330 RE: Wright County Tattoo Ordinance Dear Larry: In December 1997, Wright County Public Health mailed you a letter requesting your thoughts on a county wide tattoo/body piercing parlor ordinance. Some townships and cities have not responded with their opinion. If you had not responded, and wish to do so at this time, please contact me at the address, or phone number listed below. It has been determined that an ordinance will be pursued. The ordinance will require strict infection control procedures governing tattoo and body piercing practices within Wright County. If you wish to have input in the establishment of these procedures, have any questions, or wish to further discuss the establishment of this ordinance, please feel free to telephone me at (612)682- 7512 or by mail to: Wright County Public Health 10 2nd Street NW Buffalo, NIN 55313 S* ely, i Mary Nesseth, PHN Supervisor Wright County Public Health EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE DEPARTMENT: PREPARED BY: MEETING DATE 7. Andrew MacArthur, City Attorney EB Council 7/13/98 6:30PM ITEM NUMBER: ITEM DESCRIPTION: 7.1. Consider Contract Sewer Agreement with the City of Dayton BACKGROUND: The City of Otsego and City of Dayton have been working on a Contract Agreement for Sewer for some time now. Attached is a copy the agreement for Council Review. The City of Dayton will also be reviewing the same at their meeting Tuesday night (tomorrow night). Andy MacArthur will be present at the Otsego Meeting to explain and answer questions. RECOMN ENDATION: This is for Council information/any decisions. Thanks, Elaine Beatty Michael C. Couri- Andrew J. MacArthur Marcus W. Miller 'Also Ucemed in IlUnou July 8, 1998 City Council Members City of Otsego C/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 CO URI & MACAR THUR Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN55376-0369 (612) 497-1930 (612) 497-2599 (FAX) couriandmacarthur®pobox. com RE: Proposed Sewer Service Contract- Otsego and City of Dayton Dear Council Members: Enclosed for your review please find a draft agreement for sewer service between the City of Dayton and City of Otsego. The draft is provided for City Council review and discussion. A draft of this agreement will also be reviewed by the Dayton City Council at their meeting on Tuesday. Following are some of the pertinent portions of the Agreement: 1. The plant will be owned and operated by the City of Otsego. Dayton will contribute 1/5 of the initial costs of establishing the plant, which include land acquisition, engineering, legal, construction and other related costs. Dayton's payment for these initial costs will be made by August 30. 2. Dayton can request expansion of the plant, which they will pay for, with an upward limit of 49% of the capacity of the plant or 1,500,000 gpd. Any expansion giving Dayton more than 50% of plant capacity would require an amendment to the Agreement. 3. It is assumed that Otsego would not want to terminate the Contract. Dayton can only terminate the agreement with two (2) years notice and having paid all funds for any requested expansion. 4. Fees for services will be paid on a formula that requires payment for both fixed and variable costs. Letter to Otsego City Council July 8, 1998 Page 2 5. The representatives from Dayton insist that there be some provision in the Agreement that allows them to terminate the Agreement if the overall costs of the project are too high. This was drafted as an option based upon a percentage of cost above an updated engineer's estimate. It is assumed that Otsego would pick a figure that would be the same percentage above the estimate at which Otsego would also be forced to abandon the project. The figure was a matter that would be left to the respective Councils to decide upon. This draft agreement will be brought in front of the Council for review and discussion. I have also forwarded it to the Dayton City Attorney, the City of Dayton, Mike Robertson and John Harwood. I would expect that there may be changes by Monday based upon their review and comments. I will be available to discuss this matter further at the Otsego City Council meeting on Monday. Q kCARTHUR� Encl. Cc: City of Dayton George Hoff, Dayton City Attorney John Harwood, Hakanson Anderson Mike Robertson, City Administrator DRAFT- JULY 7, 1998 SEWER USE AGREEMENT CITY OF OTSEGO AND CITY OF DAYTON WHEREAS, the City of Otsego (hereinafter "Otsego") is in the process of constructing a wastewater treatment plant (hereinafter the "plant") near its border with the City of Dayton (hereinafter "Dayton"), together with sewer lines from the plant up to said border; and WHEREAS, the Plant will be designed to have capacity for the disposal of sewage from portions of Dayton and Otsego, and Otsego wants to allow Dayton to use the plant for the disposal of sewage originating within portions of Dayton; and WHEREAS, both Dayton and Otsego will assume responsibility for the costs of original construction of the Plant, including land acquisition, engineering, and costs related to reviewing the site and obtaining necessary permits; and WHEREAS, Otsego will own and operate the plant with Dayton being guaranteed the right to dispose of sewage at the Plant, subject to the terms and conditions of this agreement; and WHEREAS, Otsego and Dayton shall have exclusive ownership and control of all sewer lines lying within their respective jurisdictions, with the exception of that sewer line identified in Exhibit to this Agreement which is that sewer line located within the City of Otsego which will be the primary line for delivery of sewer service to Dayton (hereinafter referred to as the "Dayton service line"), and which shall be under the exclusive ownership and control of Dayton; and WHEREAS, the Plant will be designed so that its disposal capacity can be expanded and Dayton will have the right to request and receive reasonable expansion of the plant's capacity to serve its future needs, under the terms and conditions of this agreement; and WHEREAS, the parties by this agreement intend to establish an equitable means of paying the ongoing cost of operating the plant based upon capacity and usage, with the fee being charged to residents of each community for operation being equal, and including costs for operation and maintenance of the plant. NOW, THEREFORE, it is hereby agreed by and between the parties as follows: 1. Use Allowed. For the term of this agreement, Otsego hereby grants to Dayton the right and license to dispose of sanitary sewage from within that sanitary sewer service area within the City of Dayton as defined in the June, 1997, Study done by Bonestroo, Rosene, Anderlik & Associates (Figure 1), and to have said sanitary sewage treated at the Otsego Wastewater Treatment plant. Waste treatment done shall be in conformance with all applicable laws and regulations which apply to the Plant and its operation. The initial disposal capacity at the Plant that Dayton will be allowed is 40,000 gallons per day. The total amount of said sanitary sewage from Dayton shall not exceed 1.5 million gallons per day, nor shall it at any time exceed 49% of the available plant capacity at any given time, subject to further restrictions as contained within this Agreement. If requested by Otsego, Dayton shall adopt an ordinance governing use of sewers; provided any such ordinance shall not be any more restrictive than the sewer use ordinance in effect in Otsego. 2. Ownership. Dayton shall own, maintain and repair, at its sole expense, those sewer lines within the borders of the City of Dayton which connect to the Otsego sewer system. Otsego shall own, maintain and repair, at its sole expense, the Wastewater treatment plant and the sewer lines lying within the borders of Otsego, exclusive of the Dayton service line. All costs and liability associated with the Dayton service line, including land acquisition costs, engineering, construction and maintenance shall be paid for solely by the City of Dayton. Upon acquisition of Otsego of the easement necessary to construct the Dayton service line and upon receipt of full payment of all land acquisition costs related to the Dayton service line by Dayton to Otsego, Otsego agrees to convey by warranty deed to Dayton the acquired easement for the Dayton service line. Necessary maintenance and repair of the Dayton service line shall be paid for solely by the City of Dayton. Otsego hereby grants the City of Dayton a right of entry to repair and maintain the line, or Dayton may request that Otsego repair and maintain the line with all costs for the same being the responsibility of Dayton. 3. Otsego Property Served By Dayton Service Line. The areas shown on the attached Exhibit are lots which are within the municipal boundaries of the City of Otsego. These lots, however will receive service through connection with the Dayton system of sewer lines. Otsego agrees to fully cooperate with Dayton in holding simultaneously all public hearings and considering all necessary resolutions required by statute to assess those properties for all costs and expenses related to sewer system construction. Otsego agrees to remit to Dayton all portions of said assessment related to Dayton's expenditures for construction of the system within thirty (30) days 2 after receipt from the property owner or from Wright County. Further, Otsego agrees to bill those residences for ongoing service along with other citizens of Otsego receiving service, said billing to include charges for service related to delivery of service by Dayton at the rate established by Dayton. All payments relative to Dayton service received by Otsego from these property owners shall be transmitted to Dayton within 30 days of receipt. In the event of non-payment of Dayton' ongoing service charges by residents of Otsego, Otsego shall empower the City of Dayton to undertake appropriate collection of any delinquent charges or assessments, including assessment of delinquent amounts against the affected property. All residents receiving service from and through the Dayton service line shall be subject to regulations established by Dayton. 4. Initial Capital Contribution. Dayton shall pay one-fifth (115) of the initial construction cost of the Plant. The initial construction cost includes all preliminary engineering studies, plans and specifications, all costs associated with environmental review and obtaining a discharge permit, all costs of land acquisition for the plant site and discharge facilities to the Crow River, construction inspection costs, and all costs for actual construction of the facilities as set forth in the approved plans and specifications as well as any approved change orders. This payment by Dayton shall entitle it to the capacity allocation set forth herein. Construction expense beyond the initial construction expense shall be Otsego's alone, except in the event of Plant expansion to provide additional sewer service to Dayton, as provided herein. Otsego shall provide Dayton with an itemized billing of all costs listed above which have already been paid by Otsego to the date of this Agreement. Dayton shall make payment to Otsego for 20% of those costs previously paid by Otsego on or before August 30, 1998. In the event that payment is not made by that date interest on that amount will accrue at the same rate as the interest rate of bonds sold by the City of Otsego for financing the project commencing upon the date of this Agreement. All other bills received by the City of Otsego for any of the above mentioned costs after August 30, 1998 shall be immediately copied to Dayton along with a statement indicating the amount of that bill to be paid by Dayton. Dayton shall within thirty (30) days of receipt of such a statement make payment to Otsego for its portion of the bill submitted. 5. Preliminary Costs. All of those costs associated with land acquisition, and construction of the Dayton service line shall be borne by Dayton. If Otsego is requested to acquire the needed easements for construction of said line, in conjunction with its proceedings for land acquisition, all costs related to acquisition of property for the Dayton service line shall be billed to Dayton 3 at the time of expenditure, and Dayton agrees to promptly pay all such billings. The parcels for the Dayton service line shall be separately appraised and any settlement shall be subject to review by Dayton prior to acquisition. 6. Agreement Termination. The parties have received an updated estimate of construction costs (as defined previously in Paragraph 4 of this Agreement) for the facility dated, ,1998 and attached hereto as Exhibit _ In the event that the actual construction cost, based upon bids received, and easement costs exceed the estimate by % of said estimates, Dayton may terminate this Agreement and all future obligations thereunder. Dayton must exercise it rights of termination within fourteen (14) days of the receipt of the actual cost, based on bids received, and negotiated, or adjudicated settlements of easement acquisition costs. Otsego shall provide said costs within seven (7) days of their receipt of the same. 7. Ongoing Service. Otsego hereby warrants and covenants that the Plant and necessary lines and appurtenances, shall be available to Dayton for the treatment and disposal of sewage in at least the amount of the capacity granted under this Agreement from time to time, in conformance with all applicable laws and regulations, except for periods of necessary or emergency maintenance, or in the event that the plant is forced out of operation by catastrophic events, including, but not limited to fire, flood, storm, war, or any other natural or man made catastrophe. The warranty is only to the extent of capacity as defined in this agreement. Otsego further warrants and represents that the Plant will be properly licensed for the disposal of sewage to the limits set forth in this Agreement 8. Fee Formula. Dayton shall pay a fee to Otsego for its share of operating expense of the Plant. The fee to be paid by Dayton shall consist of two components; a portion of the fixed operating expense and a portion of the variable operating expense. Fixed Operating Expense shall include and be limited to: (a) Wages, salaries and related expense of all on-site employees while engaged in the operation of the Plant. (b) Insurance premiums for property damage to the plant. (c) The cost of heating, air conditioning and lighting necessary for the operation of the Plant. 4 (d) Laboratory and testing expense necessary for the operation of the Plant. Variable Operating Expense shall include and be limited to the following: (a) The cost of materials and chemicals consumed in the maintenance or repair of the Plant and the treatment and disposal process at the Plant, including the costs of any contracted labor or additional costs necessary to effect proper maintenance, repair or disposal. Repairs are those actions necessary to maintain the structural integrity of the facility and its various components including access roads and fencing or other means of protecting the facility. It is the intention of this Agreement that the facility be maintained and repaired so that it is in the same state as a similar, well maintained and repaired facility which has been in use for the same period of time. (b) The cost of sludge hauling and disposal. (c) Other expenses incurred as a direct result of a statutory or State regulatory requirement. Dayton, for its share of the Fixed Operating Expense, shall pay: an amount equal to the proportion of the capacity which is available to Dayton. Dayton is currently allocated 115 of the capacity of the plant and will thus pay 115 of the Fixed Operating Expense for the Plant. In the event Dayton is allocated additional capacity under the terms of this agreement, then its share of operating expenses shall be in the same proportion as the capacity it is allocated. 2. Dayton for its share of the Variable Operating Expense shall pay an amount equal to the proportion of the number of gallons of sewage Dayton places into the plant in relation to the overall flow to the plant. By way example, if the overall flow to the Plant is 200,000 gallons and Dayton contributes 40,000 gallons to the overall flow, it would be responsible for 20% of the Variable Operating Expense. The amount of flow to the plant in total, or by either parry, shall be determined by the flow meters at location agreed by the City Engineers. 3. Payments shall be made by the City of Dayton on a quarterly basis, beginning on the first month after the Plant is in operation and sewer service is available to Dayton. 4. If an Operating or other expense is not listed above, it shall be the sole responsibility of Otsego. 9. Right to Review. If either party wishes to challenge any the amount of payment due, it shall be free to do so at its own expense, with the following conditions: Flow determination. Either party may challenge the amount or percentage of flow that goes into the sewer line(s) serving Dayton by arranging for and paying the cost of flow monitoring. The results of said flow monitoring shall be provided to the other party, along with all supporting documentation. The non -challenging party shall have 30 days to accept the results as presented or to undertake, at their expense, their own flow monitoring. If no action is taken by the non -challenging party within that time period, the flow determination as presented shall be deemed binding on both parties. If the non -challenging party decides to challenge the results, it shall have 45 days within which to complete the monitoring and present the results. If the second monitoring produces a different result, the matter shall be submitted to panel consisting of the city Engineer from Dayton, the City Engineer from Otsego and a third party chosen by the two Engineers. The determination of the panel shall be final as to the amount of flow attributable to Dayton. The panel shall prescribe its own procedure for reaching a decision, provided that each side will be afforded the reasonable opportunity to present evidence and make inquiry of the opposing party. Fee determination. If Dayton wishes to challenge the fee claimed by Otsego or the calculations associated with it, Otsego will make available to Dayton all records deemed necessary by Dayton to complete its review within two weeks of the request. In the event Dayton and Otsego cannot agree on the fee to be charged to Dayton, the dispute shall be submitted to the panel established in paragraph 6(a) for determination. 10. Ownership and Maintenance of Lines. Dayton shall pay for, own and maintain all sewer lines constructed within its boundaries, and the Dayton service line. Dayton shall regularly maintain said lines so as to keep them in good operating order. Dayton shall regularly inspect the lines and immediately correct any problem which could adversely affect Otsego's facilities or the Plant or which could result in inaccurate readings of flow through said lines. A Otsego shall pay for, own and maintain the sewer plant and the sewer lines constructed within its boundaries, with the exception of the Dayton service line. Otsego shall regularly maintain said lines so as to keep them in good operating order. Otsego shall regularly inspect the lines and immediately correct any problem which would adversely affect or interfere with delivery of service to Dayton. All services provided at the Plant by Otsego shall be done in compliance with all applicable laws and regulations. 11. Expansion. At the request of Dayton, Otsego shall expand the capacity of the Plant to accommodate additional sewage disposal needs of Dayton, under the following conditions: (a) Dayton has Minnesota Pollution Control Agency approval for the proposed expansion of the Plant. (b). Dayton has secured plans for the expansion of the Plant from an engineer/architect properly licensed by the State of Minnesota to design such a facility and the plans are approved by Otsego, which approval shall not be unreasonably withheld. (c). Dayton has demonstrated that it has the financing to pay for the proposed expansion, by either an approved bond issue or loan. (d). The expansion shall not cause the overall capacity to Dayton to exceed 1.5 million gallons per day, nor shall it at any time cause Dayton to have more than 49% of the available capacity of the plant. If at the time of Dayton's request for expansion of capacity for its use, Otsego has what it determines to be available unused capacity, Otsego may offer such unused capacity to Dayton as an alternative to expansion. Any agreement for use by Dayton of Otsego's unused capacity shall be done through further amendment to this Agreement. 12. Remedies. (a) Otsego Remedies. In the event Dayton violates any provision of this agreement by non-payment, Otsego shall have the right to bring an action for payment after giving 30 days written notice of the default. If Dayton does not fulfill its obligations under this agreement in any other way, Otsego shall give 10 days written notice of the default. Dayton shall have 10 days to cure the default or to set forth a plan for curing the default within a reasonable time, in light of the nature of the default and other relevant circumstances. If Dayton fails to cure the default 7 -i or put forward a reasonable plan for curing the default, Otsego may seek appropriate injunctive or other appropriate equitable relief. The foregoing is not a limitation on other legal or equitable remedies which Otsego may have available to it. 13. Dayton Remedies. In the event Otsego fails to fulfill its obligations, warranties and representations the City of Dayton shall provide 30 days written notice of said failure to Otsego. Otsego shall have 10 days to cure the default or to set forth a plan for curing the default within a reasonable time, in light of the nature of the default and other relevant circumstances. Provided, however, that if a default by Otsego results sewer service to the City of Dayton below Dayton's allocated capacity under this agreement, Otsego must immediately correct the problem upon Written Notice by the City of Dayton. If Otsego fails to cure said default, Dayton may seek appropriate injunctive or other appropriate equitable relief. The foregoing is not a limitation on other legal or equitable remedies which Dayton may have available to it. 14. Notice and Termination. Dayton shall have the right to terminate this Agreement at any time, but not until construction of the plant has been completed and Dayton has paid all of its share of initial plant capitol and related expenses. If a scheduled or requested expansion of the plant has been undertaken, Dayton shall not be able to request termination of this Agreement until after completion of construction of any such expansion and payment of Dayton of all of its share of capitol costs and related expenses incurred due to the plant expansion. The termination shall take effect two (2) years after written notice is given by Dayton of its intention to terminate the Agreement. In the event of termination, all obligations of Dayton to make payment to Otsego, except for funds expended prior to the date of termination shall cease upon the effective date of the termination. 15. Land Application Of Sewage Sludge. In the event that Otsego is not able to find adequate areas outside of both Cities for land application of sewage sludge, by contract or otherwise, and sewage sludge must be applied to lands within its boundaries, Dayton agrees to provide appropriate disposal capacity for application of sludge in proportion to its share of the existing plant capacity at that time. Dayton's responsibility to provide such disposal capacity shall increase or decrease over time in relation to its proportion of existing plant capacity. E:3 16. Term. This agreement shall be in effect for twenty five (25) years from the date hereof and shall be renewable by Dayton for two (2) additional twenty five (25) year terms following the initial term. Dayton must give written notice of its intention to renew the agreement six (6) months prior to the end of the initial or renewal term. Following the initial three (3) terms set forth above, Otsego agrees to enter good faith negotiations with Dayton concerning extension of this agreement if reqested by Dayton. Any such request shall be made at least 1 year prior to termination date of this agreement. 17. Indemnity. Dayton shall defend and indemnify Otsego for any claims arising from Dayton's operation of sewer lines within the boundaries of Dayton and the Dayton service line. Otsego shall defend and indemnify Dayton for any claims arising from its operation of the Plant or sewer lines located within the boundaries of Otsego, except for claims arising from the Dayton service line. 18. Modification Of Agreement. In the event that Otsego determines to provide sewer service to those areas of the City which would require use of the Dayton service line, or any other change to the Agreement, shall be modified only by written Agreement of both parties. 19. Notice. All notices required by this Agreement shall be in written form and shall be deemed delivered upon its receipt by the City Clerk of either parry. Notice may be made by personal delivery, mail or facsimile. WHEREFORE, the parties have agreed to the foregoing terms. Dated: THE CITY OF OTSEGO BY:_ Mayor 1998. Dated: THE CITY OF DAYTON BY: Mayor I BY: BY: Clerk Clerk 10 DRAFT- JULY 7, 1998 SEWER USE AGREEMENT CITY OF OTSEGO AND CITY OF DAYTON WHEREAS, the City of Otsego (hereinafter "Otsego") is in the process of constructing a wastewater treatment plant (hereinafter the "plant") near its border with the City of Dayton (hereinafter "Dayton"), together with sewer lines from the plant up to said border; and WHEREAS, the Plant will be designed to have capacity for the disposal of sewage from portions of Dayton and Otsego, and Otsego wants to allow Dayton to use the plant for the disposal of sewage originating within portions of Dayton; and WHEREAS, both Dayton and Otsego will assume responsibility for the costs of original construction of the Plant, including land acquisition, engineering, and costs related to reviewing the site and obtaining necessary permits; and WHEREAS, Otsego will own and operate the plant with Dayton being guaranteed the right to dispose of sewage at the Plant, subject to the terms and conditions of this agreement; and WHEREAS, Otsego and Dayton shall have exclusive ownership and control of all sewer lines lying within their respective jurisdictions, with the exception of that sewer line identified in Exhibit to this Agreement which is that sewer line located within the City of Otsego which will be the primary line for delivery of sewer service to Dayton (hereinafter referred to as the "Dayton service line"), and which shall be under the exclusive ownership and control of Dayton; and WHEREAS, the Plant will be designed so that its disposal capacity can be expanded and Dayton will have the right to request and receive reasonable expansion of the plant's capacity to serve its future needs, under the terms and conditions of this agreement; and WHEREAS, the parties by this agreement intend to establish an equitable means of paying the ongoing cost of operating the plant based upon capacity and usage, with the fee being charged to residents of each community for operation being equal, and including costs for operation and maintenance of the plant. NOW, THEREFORE, it is hereby agreed by and between the parties as follows: 1 1. Use Allowed. For the term of this agreement, Otsego hereby grants to Dayton the right and license to dispose of sanitary sewage from within that sanitary sewer service area within the City of Dayton as defined in the June, 1997, Study done by Bonestroo, Rosene, Anderlik & Associates (Figure 1), and to have said sanitary sewage treated at the Otsego Wastewater Treatment plant. Waste treatment done shall be in conformance with all applicable laws and regulations which apply to the Plant and its operation. The initial disposal capacity at the Plant that Dayton will be allowed is 40,000 gallons per day. The total amount of said sanitary sewage from Dayton shall not exceed 1.5 million gallons per day, nor shall it at any time exceed 49% of the available plant capacity at any given time, subject to further restrictions as contained within this Agreement. If requested by Otsego, Dayton shall adopt an ordinance governing use of sewers; provided any such ordinance shall not be any more restrictive than the sewer use ordinance in effect in Otsego. 2. Ownership. Dayton shall own, maintain and repair, at its sole expense, those sewer lines within the borders of the City of Dayton which connect to the Otsego sewer system. Otsego shall own, maintain and repair, at its sole expense, the Wastewater treatment plant and the sewer lines lying within the borders of Otsego, exclusive of the Dayton service line. All costs and liability associated with the Dayton service line, including land acquisition costs, engineering, construction and maintenance shall be paid for solely by the City of Dayton. Upon acquisition of Otsego of the easement necessary to construct the Dayton service line and upon receipt of full payment of all land acquisition costs related to the Dayton service line by Dayton to Otsego, Otsego agrees to convey by warranty deed to Dayton the acquired easement for the Dayton service line. Necessary maintenance and repair of the Dayton service line shall be paid for solely by the City of Dayton. Otsego hereby grants the City of Dayton a right of entry to repair and maintain the line, or Dayton may request that Otsego repair and maintain the line with all costs for the same being the responsibility of Dayton. 3. Otsego Property Served By Dayton Service Line. The areas shown on the attached Exhibit are lots which are within the municipal boundaries of the City of Otsego. These lots, however will receive service through connection with the Dayton system of sewer lines. Otsego agrees to fully cooperate with Dayton in holding simultaneously all public hearings and considering all necessary resolutions required by statute to assess those properties for all costs and expenses related to sewer system construction. Otsego agrees to remit to Dayton all portions of said assessment related to Dayton's expenditures for construction of the system within thirty (30) days 2 after receipt from the property owner or from Wright County. Further, Otsego agrees to bill those residences for ongoing service along with other citizens of Otsego receiving service, said billing to include charges for service related to delivery of service by Dayton at the rate established by Dayton. All payments relative to Dayton service received by Otsego from these property owners shall be transmitted to Dayton within 30 days of receipt. In the event of non-payment of Dayton' ongoing service charges by residents of Otsego, Otsego shall empower the City of Dayton to undertake appropriate collection of any delinquent charges or assessments, including assessment of delinquent amounts against the affected property. All residents receiving service from and through the Dayton service line shall be subject to regulations established by Dayton. 4. Initial Capital Contribution. Dayton shall pay one-fifth (115) of the initial construction cost of the Plant. The initial construction cost includes all preliminary engineering studies, plans and specifications, all costs associated with environmental review and obtaining a discharge permit, all costs of land acquisition for the plant site and discharge facilities to the Crow River, construction inspection costs, and all costs for actual construction of the facilities as set forth in the approved plans and specifications as well as any approved change orders. This payment by Dayton shall entitle it to the capacity allocation set forth herein. Construction expense beyond the initial construction expense shall be Otsego's alone, except in the event of Plant expansion to provide additional sewer service to Dayton, as provided herein. Otsego shall provide Dayton with an itemized billing of all costs listed above which have already been paid by Otsego to the date of this Agreement. Dayton shall make payment to Otsego for 20% of those costs previously paid by Otsego on or before August 30, 1998. In the event that payment is not made by that date interest on that amount will accrue at the same rate as the interest rate of bonds sold by the City of Otsego for financing the project commencing upon the date of this Agreement. All other bills received by the City of Otsego for any of the above mentioned costs after August 30, 1998 shall be immediately copied to Dayton along with a statement indicating the amount of that bill to be paid by Dayton. Dayton shall within thirty (30) days of receipt of such a statement make payment to Otsego for its portion of the bill submitted. 5. Preliminary Costs. All of those costs associated with land acquisition, and construction of the Dayton service line shall be borne by Dayton. If Otsego is requested to acquire the needed easements for construction of said line, in conjunction with its proceedings for land acquisition, all costs related to acquisition of property for the Dayton service line shall be billed to Dayton 3 at the time of expenditure, and Dayton agrees to promptly pay all such billings. The parcels for the Dayton service line shall be separately appraised and any settlement shall be subject to review by Dayton prior to acquisition. 6. Agreement Termination. The parties have received an updated estimate of construction costs (as defined previously in Paragraph 4 of this Agreement) for the facility dated, ,1998 and attached hereto as Exhibit _ In the event that the actual construction cost, based upon bids received, and easement costs exceed the estimate by % of said estimates, Dayton may terminate this Agreement and all future obligations thereunder. Dayton must exercise it rights of termination within fourteen (14) days of the receipt of the actual cost, based on bids received, and negotiated, or adjudicated settlements of easement acquisition costs. Otsego shall provide said costs within seven (7) days of their receipt of the same. 7. Ongoing Service. Otsego hereby warrants and covenants that the Plant and necessary lines and appurtenances, shall be available to Dayton for the treatment and disposal of sewage in at least the amount of the capacity granted under this Agreement from time to time, in conformance with all applicable laws and regulations, except for periods of necessary or emergency maintenance, or in the event that the plant is forced out of operation by catastrophic events, including, but not limited to fire, flood, storm, war, or any other natural or man made catastrophe. The warranty is only to the extent of capacity as defined in this agreement. Otsego further warrants and represents that the Plant will be properly licensed for the disposal of sewage to the limits set forth in this Agreement 8. Fee Formula. Dayton shall pay a fee to Otsego for its share of operating expense of the Plant. The fee to be paid by Dayton shall consist of two components; a portion of the fixed operating expense and a portion of the variable operating expense. Fixed Operating Expense shall include and be limited to: (a) Wages, salaries and related expense of all on-site employees while engaged in the operation of the Plant. (b) Insurance premiums for property damage to the plant. (c) The cost of heating, air conditioning and lighting necessary for the operation of the Plant. 4 (d) Laboratory and testing expense necessary for the operation of the Plant. Variable Operating Expense shall include and be limited to the following: (a) The cost of materials and chemicals consumed in the maintenance or repair of the Plant and the treatment and disposal process at the Plant, including the costs of any contracted labor or additional costs necessary to effect proper maintenance, repair or disposal. Repairs are those actions necessary to maintain the structural integrity of the facility and its various components including access roads and fencing or other means of protecting the facility. It is the intention of this Agreement that the facility be maintained and repaired so that it is in the same state as a similar, well maintained and repaired facility which has been in use for the same period of time. (b) The cost of sludge hauling and disposal. (c) Other expenses incurred as a direct result of a statutory or State regulatory requirement. Dayton, for its share of the Fixed Operating Expense, shall pay: an amount equal to the proportion of the capacity which is available to Dayton. Dayton is currently allocated 115 of the capacity of the plant and will thus pay 115 of the Fixed Operating Expense for the Plant. In the event Dayton is allocated additional capacity under the terms of this agreement, then its share of operating expenses shall be in the same proportion as the capacity it is allocated. 2. Dayton for its share of the Variable Operating Expense shall pay an amount equal to the proportion of the number of gallons of sewage Dayton places into the plant in relation to the overall flow to the plant. By way example, if the overall flow to the Plant is 200,000 gallons and Dayton contributes 40,000 gallons to the overall flow, it would be responsible for 20% of the Variable Operating Expense. The amount of flow to the plant in total, or by either party, shall be determined by the flow meters at location agreed by the City Engineers. 3. Payments shall be made by the City of Dayton on a quarterly basis, beginning on the first month after the Plant is in operation and sewer service is available to Dayton. 4. If an Operating or other expense is not listed above, it shall be the sole responsibility of Otsego. 9. Right to Review. If either party wishes to challenge any the amount of payment due, it shall be free to do so at its own expense, with the following conditions: Flow determination. Either party may challenge the amount or percentage of flow that goes into the sewer line(s) serving Dayton by arranging for and paying the cost of flow monitoring. The results of said flow monitoring shall be provided to the other party, along with all supporting documentation. The non -challenging party shall have 30 days to accept the results as presented or to undertake, at their expense, their own flow monitoring. If no action is taken by the non -challenging party within that time period, the flow determination as presented shall be deemed binding on both parties. If the non -challenging party decides to challenge the results, it shall have 45 days within which to complete the monitoring and present the results. If the second monitoring produces a different result, the matter shall be submitted to panel consisting of the city Engineer from Dayton, the City Engineer from Otsego and a third party chosen by the two Engineers. The determination of the panel shall be final as to the amount of flow attributable to Dayton. The panel shall prescribe its own procedure for reaching a decision, provided that each side will be afforded the reasonable opportunity to present evidence and make inquiry of the opposing parry. Fee determination. If Dayton wishes to challenge the fee claimed by Otsego or the calculations associated with it, Otsego will make available to Dayton all records deemed necessary by Dayton to complete its review within two weeks of the request. In the event Dayton and Otsego cannot agree on the fee to be charged to Dayton, the dispute shall be submitted to the panel established in paragraph 6(a) for determination. 10. Ownership and Maintenance of Lines. Dayton shall pay for, own and maintain all sewer lines constructed within its boundaries, and the Dayton service line. Dayton shall regularly maintain said lines so as to keep them in good operating order. Dayton shall regularly inspect the lines and immediately correct any problem which could adversely affect Otsego's facilities or the Plant or which could result in inaccurate readings of flow through said lines. 9 Otsego shall pay for, own and maintain the sewer plant and the sewer lines constructed within its boundaries, with the exception of the Dayton service line. Otsego shall regularly maintain said lines so as to keep them in good operating order. Otsego shall regularly inspect the lines and immediately correct any problem which would adversely affect or interfere with delivery of service to Dayton. All services provided at the Plant by Otsego shall be done in compliance with all applicable laws and regulations. 11. Expansion. At the request of Dayton, Otsego shall expand the capacity of the Plant to accommodate additional sewage disposal needs of Dayton, under the following conditions: (a) Dayton has Minnesota Pollution Control Agency approval for the proposed expansion of the Plant. (b). Dayton has secured plans for the expansion of the Plant from an engineer/architect properly licensed by the State of Minnesota to design such a facility and the plans are approved by Otsego, which approval shall not be unreasonably withheld. (c). Dayton has demonstrated that it has the financing to pay for the proposed expansion, by either an approved bond issue or loan. (d). The expansion shall not cause the overall capacity to Dayton to exceed 1.5 million gallons per day, nor shall it at any time cause Dayton to have more than 49% of the available capacity of the plant. If at the time of Dayton's request for expansion of capacity for its use, Otsego has what it determines to be available unused capacity, Otsego may offer such unused capacity to Dayton as an alternative to expansion. Any agreement for use by Dayton of Otsego's unused capacity shall be done through further amendment to this Agreement. 12. Remedies. (a) Otsego Remedies. In the event Dayton violates any provision of this agreement by non-payment, Otsego shall have the right to bring an action for payment after giving 30 days written notice of the default. If Dayton does not fulfill its obligations under this agreement in any other way, Otsego shall give 10 days written notice of the default. Dayton shall have 10 days to cure the default or to set forth a plan for curing the default within a reasonable time, in light of the nature of the default and other relevant circumstances. If Dayton fails to cure the default F or put forward a reasonable plan for curing the default, Otsego may seek appropriate injunctive or other appropriate equitable relief. The foregoing is not a limitation on other legal or equitable remedies which Otsego may have available to it. 13. Dayton Remedies. In the event Otsego fails to fulfill its obligations, warranties and representations the City of Dayton shall provide 30 days written notice of said failure to Otsego. Otsego shall have 10 days to cure the default or to set forth a plan for curing the default within a reasonable time, in light of the nature of the default and other relevant circumstances. Provided, however, that if a default by Otsego results sewer service to the City of Dayton below Dayton's allocated capacity under this agreement, Otsego must immediately correct the problem upon Written Notice by the City of Dayton. If Otsego fails to cure said default, Dayton may seek appropriate injunctive or other appropriate equitable relief. The foregoing is not a limitation on other legal or equitable remedies which Dayton may have available to it. 14. Notice and Termination. Dayton shall have the right to terminate this Agreement at any time, but not until construction of the plant has been completed and Dayton has paid all of its share of initial plant capitol and related expenses. If a scheduled or requested expansion of the plant has been undertaken, Dayton shall not be able to request termination of this Agreement until after completion of construction of any such expansion and payment of Dayton of all of its share of capitol costs and related expenses incurred due to the plant expansion. The termination shall take effect two (Z) years after written notice is given by Dayton of its intention to terminate the Agreement. In the event of termination, all obligations of Dayton to make payment to Otsego, except for funds expended prior to the date of termination shall cease upon the effective date of the termination. 15. Land Application Of Sewage Sludge. In the event that Otsego is not able to find adequate areas outside of both Cities for land application of sewage sludge, by contract or otherwise, and sewage sludge must be applied to lands within its boundaries, Dayton agrees to provide appropriate disposal capacity for application of sludge in proportion to its share of the existing plant capacity at that time. Dayton's responsibility to provide such disposal capacity shall increase or decrease over time in relation to its proportion of existing plant capacity. 0 16. Term. This agreement shall be in effect for twenty five (25) years from the date hereof and shall be renewable by Dayton for two (2) additional twenty five (25) year terms following the initial term. Dayton must give written notice of its intention to renew the agreement six (6) months prior to the end of the initial or renewal term. Following the initial three (3) terms set forth above, Otsego agrees to enter good faith negotiations with Dayton concerning extension of this agreement if reqested by Dayton. Any such request shall be made at least 1 year prior to termination date of this agreement. 17. Indemnity. Dayton shall defend and indemnify Otsego for any claims arising from Dayton's operation of sewer lines within the boundaries of Dayton and the Dayton service line. Otsego shall defend and indemnify Dayton for any claims arising from its operation of the Plant or sewer lines located within the boundaries of Otsego, except for claims arising from the Dayton service line. 18. Modification Of Agreement. In the event that Otsego determines to provide sewer service to those areas of the City which would require use of the Dayton service line, or any other change to the Agreement, shall be modified only by written Agreement of both parties. 19. Notice. All notices required by this Agreement shall be in written form and shall be deemed delivered upon its receipt by the City Clerk of either party. Notice may be made by personal delivery, mail or facsimile. WHEREFORE, the parties have agreed to the foregoing terms. Dated: , 1998. THE CITY OF OTSEGO BY:_ Mayor Dated: THE CITY OF DAYTON mm Mayor Ps BY:— Clerk Y:_Clerk BY:_ Clerk 10 CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 8.Jonn Harwood, City Engineer: EB Council 7/13/98 6:30)PM ITEM NUMBER: ITEM DESCRIPTION: 8.1. Approval of Mississippi Shores Shouldering Project 8.2. Discussion and Review of Street Overlay Program BACKGROUND: 8.1. This item has been discussed many times. It was not part of the original street overlay project, but the Public Works Department was to finish the shouldering. John Harwood will be at this meeting to discuss this with the Council and answer questions. 8.2. John Harwood will be at this meeting to discuss the street overlay program and answer questions. RECOMMENDATION: This is for Council information/any decisions. Thanks Elaine Beatty Hakanson 1-111 Anderson ASSOC., Inc. Memo To: Public Works Committee City of Otsego From: John A. Harwood, P.E., City Engineer Date: July 8, 1998 Re: Earth Shouldering, Mississippi Shores Area 3601 Thurston Avenue Anoka, Minnesota 55303 612/427-5860 Fax 612/427-441-0520 I have assembled information on the Mississippi Shores road shouldering work and recommend completion of the project in part with city forces and in part via a day labor contract with Mastercraft Landscaping. The estimated cost to complete is $17,000. This could be somewhat higher or lower depending on actual time required for the work. 1) Project Funding The 1996 Capital Project Bond Sale provided funding for the Island View and Mississippi Shores projects. The proceeds from the $665,000 bond sale have been used to pay project costs to date. As of this time, the proceeds are still held within a construction fund pending final closure of construction. In reviewing the fund balance with Gary Groen, $32,000 is available for construction costs. The recommendation is to pay the project costs of shouldering from available funds. Upon completion, any remaining funds along with the anticipated proceeds from the project assessments will be transferred into a debt retirement fund dedicated to the 1996 bonds. 2) Project Procedure The work is proposed as a combination of work by City forces and a "Day Labor" contract. The City has a topsoil stockpile at Prairie Park. The City has a loader, a truck and a truck mounted belt type distributor to place the topsoil in a windrow. The Day Labor contract is proposed to be with Mastercraft Landscaping, a local contractor who has the necessary expertise as well as the automotive and public liability insurance to perform the required work within City streets. The contract work will be on an hourly basis, under supervision of the City Engineer. Attached are sketches and memos relative to the work. Engineers Landscape Architects Surveyors C:\Share\WPmuni\AOTSEGO\910\ot9lOpwcl.dot Hakanson 3601 Thurston Avenue Anoka, Minnesota 55303 Anderson 612/427-5860 Assoc., Inc. Fax 612/427,0W 0520 DESIGN MEMO By John A. Harwood, PE RE: Mississippi Shores Shoulder DATE: July 7, 1998 4�-/- The intent is to complete tl�construction project for the Mississippi Shores bituminous overlay by placing topsoil shoulders & seed. In a discussion with Dave Chase, he can provide one City employee, the City loader and truck, and can haul and transport topsoil to the project area and by use of a truck mounted shouldering "belt" can windrow the topsoil in place. The recommendation and intent is to then engage a landscape contractor to spread the topsoil, firm or compact it and rake in grass seed and fertilizer. A) SCOPE OF WORK Mississippi Shores area -z� 4 % miles or 24,000 LF of street. Of this, approximately 20,000 LF of shoulder or 40% requires topsoil. Goal 1: Topsoil elevation should be approximately '/2" to 3/a" lower than pavement. Goal 2: Ground should be such that a riding lawn mower can cut grass, running parallel to street with one wheel on the pavement. This requires a relatively smooth transition from pavement to ditch slope. Intent is to enhance ability of property owners to keep boulevards mowed and maintained. Project work is localized topsoiling as required, with the extent and location of topsoil placement based on judgement. B) PRODUCTION AND ESTIMATED COST 1) Topsoil will be provided and "windrowed" in place by City employee. 12 yd' truck with rear belt conveyor. Production about 100 yd / 8 hr day � 3500 LF of shoulder per day. Work period estimated at 50 hours. 2) Labor to rake, smooth and seed, production about 200 LF per hour per 2 person crew. Provide 2 crews plus foreman = 5 people Engineers C AShare\W PmunAAOTSEGO\910\ot910des.doc Landscape Architects Surveyors Design Memo by John Harwood Page 2 3) a. Estimated Cost City Forces, Loader at Stockpile Site, Truck and Employee 50 HRS @ 565/HOUR = $3,250.00 b. CONTRACT LABOR 4 Laborers @ 530.00/HR. $120.00 1 Foreman @ 540.00/HR. $ 40.00 1 Pickup @ 530.00/HR. $ 30.00 1 Bobcat @ 545.00/HR. $ 45.00 Total Crew Cost $235.00 per hour 50 Hours @ $235.00 Total Estimated Cost: Indirect Costs Total Project Cost C:\Share\WPmuni\AOTSEGO\910\ot910des.doc $11,750.00 $15,000.00 $2,000.00 $17,000.00 Hakanson '■■ Anderson Assoc., Inc. L.� srH 10i Q�PNS R LL O po Pi 3ny �yayno N OP �Q AA Q\, C '3ny HSlaayd m Z> '08 'OO x AVE �ti`INbba 713a 1S c z 0 30 a0 3ny N3a9widd N rn y I �'30yd Q. N W 0 v � �v PF KAs 'any Qay N3yd 7yptl1H0 / U •JAV ONtl H YPR(2ayNOtldN a a H Zed G�� y T a0 U Intl = N��j 3ny N3800 �n O AVE.pGEI N a U pGp�N . c,o, N3490 t0 L v N U~i �. J m N c co 00P . ` v m 11300 3ny 113(20co O (� rn rn m 1 1Ny30O 10 BVI 3ny Ny300 3ny pAY ASF Ay0.0 0 h 'any A (3.0 � r G�. � N (MN SOP ti y p iE 00 h'3ny yOH(2C a� cm 73 zs 0 Ln co co 0)3n y0lyJO ii co OGS \�� o '3ntl Ntl Gal 0 ... O 0� 3ntl Nyla8,0 H 3ntl Nyla80 O �N 3ntl NVla8,0 (n � rn rn V / ^� � � '3ny 000MNy0 V NayfN13N r '3ny NVH033N cc . 1S aO1HJnVN v O � U � O N 1S S�N_ 7 ( � �� I 3A/ ynHSyN 3ny a31d' a a J Ul Ul z `� T Y 0 J n L O •� �f �r Q. Y rZ, � '0 j J or : o o r rE �o /1!/.tS IS/'i �/�I i//a Ad -r /74el? Hakanson 601 Thurston Avenue [:]Monticello. 103 Pine Street n�.,4� Minnn<nra FF�n� MN 55362 GIIIAnderson (612) 427-5860 Assoc.,Inc. (612) 427-3401 Fax ff __ pt Irl t E Ttr �t��c 10#� fee 4V (612) 295-5800 (612) 295-4488 Fax SO tv ---SreCn JiaAG Fao�•-- --- �jf.11L /l.ecic�c�y_'vai�tc��'f_, lMV6IJA4N POYC;AACM 21 IVO-ra/7foec. 17- iogd /1 AA p -ro p to i c. 7yAIC-4 (- CoN n i rl,)a `-' A4 id /rC w r r6 /N rJ/C/'C` c r.oAJ lelf.o - 3> /Jv /1?�i.�rCNin►c� oma. L{/�tit.>rNr<< Wtl� /fc /lil�/� .?r /tiav�•�y /jAi7�' Hakdnson 3601 Thurston Avenue Anderson Anoka, Minnesota 55303 Assoc., Inc. Fax 6122427� /�4�i� F 0520 Fax 42 July 6, 1998 Mike Robertson, City Administrator City of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 RE: Shouldering Work, Mississippi Shores Dear Mike, Based on July 2, 1998 field review of the Mississippi Shore area, it is my judgement that a City project that uses a shouldering machine for the work is not appropriate to the need. The majority of the shoulder areas look very good with topsoil matching the pavement and with vegetation well established. There are areas that total about '10% of the shoulder length that need topsoil which in some places is to a depth of 6 to 8 inches. What the project needs is a landscape type contractor, someone with one or two dump trucks, a small loader and an operator to deliver material. The placement appears to be best done by manual labor with shovels to spread topsoil on the limited areas that need fill. Manual labor also seems best to spread and rake seed into the topsoil. There is likely a use for small bobcat type equipment to help spread and level topsoil. This is a low-tech job that in my judgement is easily and best done by manual labor and small equipment. I recommend that the work be accomplished by day labor contract. It does not seem appropriate to solicit sealed bids for this type of handwork. Attached for your information is the section from Minnesota Statutes Chapter 429 on day labor. The law allows the council to get these types and sizes of jobs done in "any manner the council considers proper" subject to reasonable authorization, supervision and reporting requirements. There are several key aspects that we should discuss in order to establish procedures. First, the day labor procedures reference plans and specifications and a detailed report showing work and material cost and a certification of compliance with the plans. The plans & specifications take some effort to prepare, and with anticipation of costs related to supervision and certification, the council should authorize and direct preparation of documents for the day labor work by adoption of a resolution. Engineers Landscape Architects Surveyors Mike Robertson Page 2 July 6, 1998 Second, since this is an expenditure of public funds, council award of contract via a resolution is appropriate. A resolution is recommended by which the Council authorizes the Mayor and Administrator to enter into any specific contract for day labor. Third, for any and all contract work performed for the City, the contractor must provide insurance to cover his activities, especially on City streets. As we are preparing specifications or soliciting cost data from contractors, the insurance requirements must be kept in mind. The procedures seem to be: 1) Council passes a resolution directing preparation of plans and specifications and authorizing solicitation of costs for a specific day labor project. 2) The City engineer (or other designated person) prepares the plans, specifications and other appropriate documents, obtains quotations or cost data, prepares contract documents, reviews insurance provisions and makes a recommendation to the council regarding a contract. 3) The Council passes a resolution authorizing the City to enter into the day labor contract. 4) Work is performed and the required report is made. For the current project on Mississippi Shores the initial resolution directing preparation of documents is probably not necessary. The plans and specifications will be complete based on the documents that were prepared last year for quotations. I will modify them, solicit day labor pricing and then prepare a package for City council approval. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. PXln A. Harwood, P pity Engineer clk cc: Andy MacArthur laum Hakanson Anderson Assoc., Inc. C:\Share\WPmuni\AOTSEGO\910\ot910mr1 .doc EXCERPT FROM MINNESOTA STATUTES CHAPTER 429 PUBLIC IMPROVEMENTS 429.41 COUNCIL PROCEDURE. Subd. 2. Contracts; day labor. When it appears to the council that the cost of the entire work projected will be less than $25,000, the council may directly purchase the materials for the work and do it by the employment of day labor or in any other manner the council considers proper. The council may have the work supervised by the city engineer or other qualified person but shall have the work supervised by a registered engineer if done by day labor and it appears to the council that the entire cost of all work and materials for the improvement will be more than $10,000. Subd. 3. Day labor; detailed report. When the council has performed construction work by day labor, it shall cause a detailed report to be filed with the clerk and certified by the registered engineer or other person in charge, if there is no registered engineer. The report shall show: (a) the complete cost of the construction; (b) final quantities of the various units of work done; (c) materials furnished for the project and the cost of each item thereof; (d) cost of labor, cost of equipment hired, and supervisory costs. The report shall have attached a certificate by the registered engineer or other person in charge that the work was done according to the plans and specifications, or, if there were any deviations from them, an itemized statement of those deviations. C:\Share\WPmuni\AOTSEG0\910\MNSTAT429.doc CITY OF OTSEGO ULS I tOR (-VUENU L Al; ttUtN AGENDA SECTION: DEPARTMENT: MEETING DATE 19. Council Items: Elaine Beatty July 13, 1998 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 9.1. A. Discussion of a joint Council Meeting with Albertville for the purpose of discussion of future provision of sewer and water. BACKGROUND: 9.1. A. was added to the Council portion of the agenda by Mayor Fournier. He wi'1 discuss this with the Council and expain his thoughts on same. RECOMMENDATION: This is a Council information and any decision of a possible date for meeting. Thanks z6L---- Elaine CITY OF OTSEGO KEOUES- f NOK 000Nl;1L Al- 11Vh1 II AGENDA SECTION: DEPARTMENT: MEETING DATE 11 119. Council Items: Elaine Beatty June 13, 1998 - II 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 9.2 Mike Robertson, City Administrator- Update: A. Celebration Ordinance B. 1998 Six Month Building Permit Report BACKGROUND: This Celebration Ordinance has been discussed at a few Council Meetings. Attached is a memo of July 8, 1998 from City Administrator, Mike Robertson along with a copy of the proposed Celebration (Party) ordinance which has been changed per Council request by Mike and for your review. 9•?•B. Attached is a 1998 Six month building permit report Memo from City Administrator, Mike Robertson dated July 8, 1998 for Council Review Mike will be here for any questions or explanation. RECOMMENDATION: This is a Council information from Mike Robertson, City Administrator. Thanks Elaine Date: July 8, 1998 To: Mayor & Council From: City Administrator Mike Robertson Re: Celebration Ordinance I have enclosed a copy of the proposed celebration (party) ordinance. I have made the changes requested by Council when this was recently discussed. New language has been underlined, while language that is proposed to be removed has been eressed eut . City of Otsego County of Wright State of Minnesota Ordinance No. An Ordinance Regulating Special Events And Establishing Permit Requirements Section 1. Purpose and Findings. The purpose of this ordinance is to protect the health, safety and welfare of the citizens of Otsego by regulating the time, place and manner of conduct of Special Events and by establishing permit requirements for conducting Special Events as such are herein defined. The Otsego City Council finds that Special Events often exceed the City's capacity to provide usual city services. Such city services include, but are not limited to sanitary, fire, police, and utility service. The Otsego City Council also finds these regulations necessary to ensure that such events are conducted with sufficient consideration given to public safety issues, including, among other things, the impact of such events on parking and vehicular traffic within the City. Section I Definitions. For purposes of this ordinance, the following terms shall have the meanings given to them: a. `Person' is defined as a natural person, association, organization, club, group formed for a common purpose, partnership of any kind, limited liability company, corporation or any other legal entity. b. `Special Event' is defined as an outdoor gathering of at least +W 5Q individuals, whether on public or private property, assembled with a common purpose for a period of one hour or longer. Special events include, but are not limited to concerts, fairs, carnivals, circuses, parades, flee markets, marathons, walkathons, festivals, races, bicycle events, celebrations or any other gathering or event of similar nature. Special events do not include non-commercial events held on private 12ropet y such as grad. nation parties or social parties. Section 3_ Permit Required. No person shall hold, conduct or participate in a Special Event within the City, unless a permit has been issued for such event upon timely written application made to the City. Section 4_ Application for Permit. Written application for Special Event permits must be made at least 45 34 days in advance of the event's proposed date in a form prescribed by the City Council. This application period shall not begin to run until a complete application has been tiled with the City. Application forms shall be made available in the Office of the City Clerk. A fee, in the amount set by the City's fee schedule, shall be paid to the City along with the completed application form. Failure to provide a complete application or to pay the fee, as herein required, is sufficient reason to deny the Special Event permit. Section 5_ Issuance of Permit, Conditions, Posting. Special Event permits will be issued upon Council approval. The Council may attach such reasonable conditions to the permit as are deemed necessary to protect the public health, safety and welfare. Such conditions may pertain to any of the following: a. location and hours during which the event may be held. b. sanitation/ availability of potable water. c. security/ crowd management. d. parking and traffic issues. e. emergency and medical services. f. clean-up of premises and surrounding area/ trash disposal. g. insurance. h. lighting. i. fire service/safety. j. temporary construction, barricades/ fencing. k. removal of advertising/ promotional materials 1. noise levels m. alcohol consumption n. any other condition which the Council deems necessary. Upon council approval, the City Clerk shall issue a permit to the Person(s) named in the permit application. The permit shall clearly state the conditions, if any, imposed by the Council. Copies of the permit shall be posted in three (3) prominent locations during the Special Event. Section 6. Exceptions to the Permit Requirement. The permit requirement contained in this ordinance does not apply to the following: a. Special Events sponsored and managed by the City of Otsego. b. funerals and funeral processions. c. the grounds of any school, playground, place of worship, stadium, athletic fields, arena, auditorium, or similar permanent place of assembly when used for regularly established assembly purposes. d. Riverwood Conference Center Section I Penalty for Violations- Enforcement. Any person who violates any condition of a Special Event permit or any provision of this ordinance shall be guilty of a misdemeanor, punishable as prescribed by state law. Enforcement of this ordinance may, at the council's discretion, take any of the following forms: a. citation/ criminal prosecution. b. injunctions, declaratory judgments, or other civil remedies. c. permit revocation. d. disbursement of persons gathered. This ordinance shall be effective upon adoption and publication in the City of Otsego's official newspaper. Adopted this day of , 1998. In favor: Opposed: CITY OF OTSEGO Attest: Clerk Elaine Beatty Mayor Larry Fournier City of Otsego Otsego City Hall 8899 Nashua Avenue NE Otsego, MN 55330 612/441-4414 TITLE, PURPOSE AND BRIEF DESCRIPTION OF EVENT: New Application _ Renewal of or Change In Application Refer media or citizen inquiries to: Telephone: or II. APPLICANT AUTHORIZATION: Attach a written communication from the organization or organizations in whose name the event will be advertised which authorizes you, the applicant, to apply for this special events permit on its or their behalf. Applicant's Name: Address: Title: Mailing Address: Affiliation: Daytime Phone: Evening Phone: Emergency Phone: III. EVENT PRINCIPALS: On the next sheet, please list names, addresses, and telephone numbers of all the principals involved in any way in the proposed special event. Include professional event organizers, event promoters, financial underwriters, commercial sponsors, charitable agencies for whose benefit the event is being produced, the organization or organizations in whose name the event is being advertised, and all others administratively, financially, or organizationally involved as principals in the production of the proposed special event. Make additional copies of the next sheet asneeded to include all of the principals involved in the proposed special event. Name Organization/Business/Agency/Affiliation Mailing Address Daytime Phone: Evening Phone: Other Phone: Title and Functional Responsibility with Regard to the Event: Will this person have authority to cancel or greatly modify event plans? —yes—no Will this person be present at the event area or areas and in charge of the event at all times? _yes _no Name Organization/Business/Agency/Affiliation Mailing Address Daytime Phone: Evening Phone: Other Phone: Title and Functional Responsibility with Regard to the Event: Will this person have authority to cancel or greatly modify event plans? _yes_no Will this person be present at the event area or areas and in charge of the event at all times? ._yes _no IV. REQUESTED EVENT COMPONENTS: A. Requested day and data (first choice): B. Alternate days and dates: C. Requested hours of operation, from AM/PM to AM/PM D. Set up beginning day and date , time AM/PM Dismantle by day and date , time AM/PME E. Describe the number and type of animals to be used in the event: F. Attach a draft of the entry form for participants/spectators. G. Anticipated number of participants: and spectators: V. INSURANCE Attach to this application either an insurance policy or a certificate of insurance including the policy number, amount, and the provision that the city of Otsego is included as an additional insured. VI. SANITATION A. Attach your "Plan for Clean-up/Material Preservation." Include number, type and location of trash containers to be provided for the event. Indicate who and how many will be responsible for emptying and cleaning up around container during the event. Indicate who and how many will be responsible for cleaning up after animals if they are used in the event. Indicate who and how many will be responsible for cleaning up the event area after the event. Describe the number, type and location of portable toilets to be provided for the event (or permanent toilets to be used for the event). Include any other plan you have for ensuring post -event cleanliness and material preservation of city facilities, equipment, premises and streets. VII. LOCATION MAP Check off below items that apply to your event. Indicate these items on attached separate maps. Use, where necessary, a to -scale drawing. _A. If a route is involved, the beginning area, the route (indicate directions with arrows), and the finished area; B. If a route is involved, the places where buses or trains need to be considered, _C. If a route is involved, it will expedite approval of your event if you attach separate maps giving two or three alternate routes; _D. If a relay is involved, indicate hand-off points; _E. Entertainment or stage locations (grandstand operators should provide you with a to -scale drawing); _F. Alcoholic beverage concession areas; _G. Non-alcoholic concession area; _H. Food concession areas; _I. General merchandise concession areas; _J. Portable toilet facilities (indicate number); _K. First aid facilities; _L. Event participant and/or spectator parking areas; _M. Event organizer's command post; _N. Fireworks or pyrotechnics site; _O. Vehicle fuel handling site; _P. Cooking areas; _Q. Tables, enclosures, etc.; _R. Temporary or permanent structures constructed for the event; _S. Site of electrical wiring to be installed for the event; _T. Trash containers (indicate number): ; U. Other. Please describe: VIII. AVAILABILITY OF FOOD, BEVERAGES AND/OR ENTERTAINMENT: A. If there will be music, sound amplification, or any other noise impact, please describe, including the intended hours of the music, sound or noise. B. Alcoholic beverages to be served? _Yes No C. If yes, describe what system will be used to ensure that alcoholic beverages will be consumed only by those persons 21 years and older. D. If yes, describe how, where, when and by whom the alcoholic beverages will be served. E. If a casino party, a dance or live entertainment is part of your event, please describe. F. Please describe all of the activities of your event for which a license is required, for example, a cabaret license, a caterer's license, a general merchandise concession license, etc. (Attach to this application all required licenses.) G. Food and/or non-alcoholic beverages to be served? _Yes _No H. If yes, describe sanitation measures, food handling procedures and the nature of the food (such as pre-packaged foods, hot dogs, pre -mixed sodas, unpeeled fruit, raw meats, vegetables, fish, or peeled and cut fruit). I. If yes, you may need to have a health permit from either the State of Minnesota or Wright County. Attach a copy of your health permit to this application. J. If you intend to cook food in the event area, describe your area layout, including fuel or electrical sources to be used. IX. SECURITY AND SAFETY PROCEDURES: A. Describe your proposed procedures for set up, operation, internal security and crowd control. B. If the event is to occur at night, describe how you are going to light the event area in order to increase the safety of participants and spectators coming to and leaving the event. C. If your event includes vehicles or animals, describe the minimum and maximum speeds or the event and the minimum and maximum intervals of space to be maintained between units. D. Attach to this application a copy of your building permit (or permits) if you are installing any electrical wiring on a temporary or permanent basis and/or if you are building any temporary or permanent structures such as bleachers, scaffolding, a grandstand, reviewing stands, stages or platforms. E. Attach a copy of your fire department permit or permits to this application if you will use parade floats; an open flame; fireworks or pyrotechnics; vehicle fuels; cooking facilities; enclosures (and tables within those enclosures); tents, air -supported structures, canopies, or any fabric shelters. F. Give name, address and phone numbers of the agency or agencies which will provide first aid staff and equipment. Attach additional sheets if necessary. Name of Agency Name of Representative Address Phone Numbers Indicate medical services that will he provided for the event. Medical Service How Provided _Ambulances _Doctors _Nurses Paramedics X..VENDORS OR CONCESSIONAIRES: A. Describe what vendors or concessionaires you will allow in conjunction with the event and the purpose or purposes of these concessions. B. Describe how you intend to regulate, monitor and control the type, number and quality of vendors/concessionaires whom you may permit to operate in conjunction with the event. XI. MITIGATION OF THE IMPACT ON OTHERS Describe how you intend to mitigate the impact of the special event on businesses, churches, neighbors, motorists, mass transit users and others. Attach additional sheets, if necessary, entitled "Mitigation of the Impact on Others." XII. CITY SERVICES/EQUIPMENT: Describe city services and/or equipment requested for this event. City barricades, cones, and no -parking signs may be borrowed on an as -available basis. You should plan to pick up and return this equipment. If you or your volunteers cannot pick up and return this equipment, please attach a letter requesting these services and explaining why your organization cannot perform them. This will be reviewed and approved or denied by the City Administrator. XIII. OTHER PERTINENT INFORMATION: CITY OF OTSEGO SPECIAL EVENTS PERMIT Name and Type of Event Location/Area Day, Date, and Time (X or N/A, not applicable) _ 1. Final check has been made of application requirements. —2. Event is approved by City Administrator. —3. All required permit are issued and on file. —4. Refundable clean-up fee has been paid via cashier's check. —5. Insurance certificate is on file. —6. Surety bond is on file to secure payment for applicant's obligation to the City. —7. Application is complete. —8. Special conditions are attached: #_. REVOCATION: The City Administrator, or her or his designated official, may revoke a special event permit if the conditions set forth in the permit application are not being followed. Permit is hereby revoked Signature/Title Date/Time MEMO Date: July 7, 1998 To: Public Works Committee From: City Administrator Mike Robertson Re: Financing for Public Improvement Projects The Public Works Committee directed staff to look for a means of financing the shouldering work in Mississippi Shores. City Accountant Gary Groen, City Engineer John Harwood, and I have been examining the City's accounts. We have some suggestions, both for financing Mississippi Shores and other capital improvement projects. Mississiippi Shores Improvement Project - There is $72,353 remaining in the Mississippi Shores bond fund. This money comes from two sources; 1) The cost estimates that the City used for bonding turned out to be much higher than the actual costs. 2) The interest earned on the money over the past few years. RECOMMENDATION: There is more than adequate money remaining in the fund to finish the Mississippi Shores improvement. The bond resolution for Mississippi Shores requires the remaining funds to be deposited in the bond fund until the bonds are all paid off. Once the bonds are all paid off, any remaining funds can be used on another improvement project. Financing Future Calpi-tal Tmnrov m nProjects - There are some funds that seem to be available to assist with the financing of future capital improvement projects. For example, on MSA construction projects from 1992 to 1997 the City has collected $97,391 in assessments. In addition, there has been $27,416 in interest earned on the cash in those accounts. This totals $124,807. Assuming there are no other obligations on this money, it could be used for another improvement. There are also the funds remaining in the Project 94-2 (Odean & County Rd 37 Re -Alignment) account. These funds total $11,361. As far as anyone knows there is not any work remaining to be done on this project. This account should be closed and the funds transferred to another improvement account. RECOMMENDATION: The City should set up a Revolving Capital Improvement Fund. This fund would receive transfers of any funds remaining in closed out improvement projects. This fund would also receive assessments paid by benefiting properties on MSA projects. If the monies noted above had no other obligations they would total $136,168, which would be a good start toward establishing such a fund. Along with setting up this fund the City should develop a policy governing it's use and the role it should play in the financing of capital improvement projects. 2 i MEMO Date: July 8, 1998 To: Mayor & Council From: City Administrator Mike Robertson Re: 1998 Six Month Building Permit Report During the first six months of 1998 the City has approved 104 building permits, including 23 new homes. The total valuation of all the permits is $3,569,461. The City share of building permit fees is $22,910. That is slightly behind projections for the year, but the busiest part of the building season is ahead. 1998 BUIL_ AG PERMITS MONTH TOTAL PERMITS NUMBER OF NEW HOMES NUMBER OF COMMERICAL NUMBER OF NEW SEPTIC # OF SEPTIC REPLACEMENTS TOTAL VALUATION TOTAL FEES COLLECTED BLDG OFFICAL FEES CITY SHARE OF FEES anu T February_ March _ 5 2 _ 14_ 1 _ _8_-- 0 -$3012030.00 $150,210.00 --$3, 9.85 $1674.60 $1,647.42 $799.80 $5,714.61 $1,712.43 $874.80 $6,069.60 —---------------------- 0 0 1 8 _ 0 $983,211.00 $11,784.21 _pril _ 30 3 — 0 3 _ 8 $536,288.00 $7,246.81 _ $3,558.42 _ $3,688.39 May 25 4 0 4 4 $656,084.00 $8,558.71 $4,241.86 $4,316.85 June 28 5 1 5 9 $942,638.00 $12,343.62 $6,094.30 $6,249.32 July u ust September October November December TOTALS ee.,.n sJudy 3 8(09' 6 O Prepared by Judy Hudson, Deputy Clerk 9 Ju 1 1998 Unpaid Summary Check Register Page 1 Thu 4:35 AM CITY OF OTSEGO Check ,N, ,fie r Date ---------------------------------------------------------------------- Vendor Amoun t T00001 00003 AFFORDABLE SANITATION 114.50 T00002 00008 AT&T 23.94 T00003 00013 BERKLEY RISK SERVICES 3,876.00 T00004 00014 BEST DISPOSAL SERVICE 100.00 F00005 00015 BFI - WOODLAKE SANITATION SER 317.50 1-00006 00018 BOISE CASCADE OFFICE PRODUCTS 303.08 T00007 00023 BOYER TRUCKS 444.01 1-00008 00184 BRAD RAGAN TIRE, INC, 2,941.18 T00009 00187 CAMPBELL ABSTRACT CO 55.00 T00010 00082 CAROL OLSON 45.00 Y00011 00032 CITY OF ELK RIVER 41,077.97 T00012 00035 CORROW LAWN & IRRIGATION 56.00 T00013 00036 CORROW TRUCKING 58.50 T00014 00125 COURI MACARTHUR LAW OFFICE 7,181.50 T00015 00189 DAFFINSON ASPHALT 28,620.80 T00016 00045 DJ'S TOTAL HOME CENTER 88.68 T00017 00047 DON'S BAKERY 45.42 T00018 00048 DUERRS WATERCARE SERVICE 27.90 T00019 00051 EAST SIDE LEASING CO 237.92 1-00020 00050 ECM PUBLISHERS INC 126.79 T000.21 00054 ELK RIVER FLORAL 47.60 T00022 00055 ELK RIVER MUNICIPAL UTILITIES 701.38 1-00023 00056 ELK RIVER PRINTING & PARTY PLU 116.09 124 00181 ENSMINGER AUTOMOTIVE, INC, 1,735.38 ).25 00185 !FLICKER'S TV & APPLIANCE 49.00 T00025 00064 G & K TEXTILE LEASING SYSTEM 447.60 .1:F000.27 00065 GLENS TRUCK CENTER INC 52.95 T00028 00196 GOPHER SPORT 89.54 1-00029 00070 H G WEBER OIL COMPANY 810.89 T00030 00071 HAKANSON ANDERSON ASSOC INC 5,131.11 T00031 00075 ICMA RETIREMENT TRUST 307.00 T00032 00077 ISD 728 1,583.59 T00033 00079 JACQUIE ROGNLI 400.00 T00034 00195 JERRY FRASIER 500.00 1700035 00081 JUDY HUDSON 42.24 T00035 00090 LONG & SONS 586.60 .if 0003 7 00092 LONG LACE TRACTOR & EQUIP P 501.ti47 T00038 00131 Michael John Robertson 4,867.50 T00039 00197 MINN BLUE DIGITAL 217.13 T00040 00103 MINNEGASCO 105.40 "1-00041 00101 1MINNESOTA COPY SYSTEMS 513.93 T0004.2 00112 NAPA OF ELK RIVER INC 139.05 T00043 00190 NICOLE MARTIN 100.00 1'00044 00114 NORTHERN AIRGAS 11.05 1-00045 00117 NORTHWEST ASSOC CONSULTANTS 6,036.21 T00046 00198 NORWEST BANKS 15,703.75 T00047 00185 ONIANN BROTHERS INC. 1132.81 1-00048 00183 PRECISION FRAME & ALIGNMENT 31.95 fn0049 00121 PUBLIC EMPLOYEES RETIREMENT FD 763.92 050 00123 PURCHASE POWER 9.50 1051 00130 RANDY'S SANITATION 256.2.5 1-00052 00193 REGNIER & SONS CONSTRUCTION 2,500.00 900053 00188 ROBERT C VOGEL & ASSOCIATES 880.00 100,054 4 0012.9 ROGERS RADIATOR REPAIR 65.00 9 Jul 1998 Unpaid Summary Check Register Page 2 Thu 4:35 AM CITY OF OTSEGO Check :r Date Vendor Amount ---------------------------------------------------------------------- T00055 00182 SCHARBER & SONS T00056 00191 SHELIA PROULX T00057 00147 STATE CAPITAL CREDIT UNION T00058 00150 STEPHEN CONROY, ATTORNEY T00059 00180 SUPERIOR LAWN & SNOW T00060 00194 TAYLOR MADE HOMES, INC 1"00061 00155 THE HARDWARE STORE T00062 00157 TRUEMAN-WELTERS INC T00063 00192 TURN KEY HOMES T00064 00159 US WEST COMMUNICATIONS T00055 00163 VEIT & CO T00066 00168 WRIGHT COUNTY AUDITOR -TREASURE T00067 00169 WRIGHT COUNTY HIGHWAY DEPT T00068 00174 WRIGHT-HENNEPIN CO-OP ELECTRIC 0.79 295.00 50.00 75.00 964.89 600.00 54.51 1,054.14 600.00 453.49 30.00 8,676.50 84.95 1,031.85 Grand Total 145141.72